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City Council Agenda Packet 08-22-2022AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 22, 2022 — 6:30 p.m. Mississippi Room, Monticello Community Center SPECIAL CITY COUNCIL MEETING Mississippi Room, Monticello Community Center 4:30 p.m. THC Interim Ordinance discussion 5 p.m. 2023 Budget Review Mayor: Lloyd Hilgart Council Members: Jim Davidson, Bill Fair, Charlotte Gabler, Sam Murdoff 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Regular Meeting Minutes from August 8, 2022 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements • City Announcements o Labor Day Hours o Updated MCC Hours o Xcel Day of Service F. Council Liaison Updates • EDA • MOAA G. Department Updates • Downtown Projects Update 2. Consent Agenda — All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item be removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2022-93 accepting a donation of a historical map Consideration of adopting Resolution 2022-96 approving State of Minnesota Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreements with the City of Monticello on behalf of its City Attorney F. Consideration of adopting Resolution 2022-90 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Block 52 Holdings, LLC related to the Block 52 Redevelopment proposal G. Consideration of Resolution 2022-91 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Willi Hahn Corporatoin dba Wiha Tools H. Consideration of adopting Resolution 2022-89 approving a modification of TIF Plan budget for TIF District 1-45 to reflect adjustments in developer and EDA increment distribution Consideration of approving a Right of Entry for Buchholz Construction and/or Block 52 Holdings, LLC on City owned parcels in Block 52 for purposed of site security and staging and storing construction equipment and supplies -materials related to the Block 52 development Consideration to approve Amendment to Planned Unit Development for the Addition of a Paint Booth as an Accessory Structure in the Camping World Planned Unit Development. Applicant: Camping World K. Consideration to approve an Amendment to a Conditional Use Permit for Planned Unit Development for a Clinic/Medical Services Use (Commercial Occupational Therapy Establishment) in the B-4, Regional Business District, Including Cross Access for Parking. Applicant: M&M Home Contractors obo Sunny Days Therapy L. Consideration of adopting Resolution 2022-92 approving an update to the Mississippi River Trail (US Bicycle Route 45) route for Monticello 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda A. Consideration of Interim Ordinance declaring a moratorium on the sale, testing, distribution, and/or manufacturing of products with hemp -derived THC (Tetrahydrocannibinol), and a prohibition on the acceptance of any applications for such sale, distribution, or manufacture. Applicant: City of Monticello (tabled on August 8, 2022) B. Consideration of denying an amendment to the Affordable Self -Storage PUD and StorageLink Monticello PUD for the addition of "Storage Boxes" as an allowable outdoor storage accessory use and approving an amendment to the Affordable Self -Storage PUD and StorageLink Monticello PUD for the addition of "Storage Boxes" as an allowable outdoor display accessory use. Applicant: City of Monticello C. Consideration of approving a request for proposals for a Community Sign Guide at an estimated cost of $15,000 S. Adjournment REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 8, 2022 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Bill Fair, Charlotte Gabler and Sam Murdoff Absent: None. 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. B. Approval of Agenda Councilmember Murdoff moved approval of the agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Special Meeting Minutes from July 25, 2022 • Regular Meeting Minutes from July 25, 2022 Councilmember Gabler moved approval of both sets of minutes. Councilmember Fair seconded the motion. Motion carried unanimously. D. Citizen Comments None E. Public Service Announcements The following updates were noted: • Community Art Show • Father Daughter Dance • Music on the Mississippi • Park Closure for Brewfest • Primary Election • Construction Update F. Council Liaison Updates • EDA — Councilmember Davidson gave an update of the July 27, 2022 meeting. The agenda included Headwaters Development Phase II environmental study Deephaven Phase II Environmental Study. City Council Minutes: August 8, 2022 Page 1 1 4 • IEDC — Councilmember Fair noted that the group met at Wright County Technical Center. They discussed an amendment to membership and heard an update on building permits. • Planning Commission — Councilmember Gabler gave an update on the August 2, 2022 meeting. The agenda included amendment to Camping World PUD and an amendment to PUD related to accessory uses. G. Department Updates • Wright County Sheriff Quarterly Update — • Human Resources Update 2. Consent Agenda: Councilmember Murdoff moved approval of the Consent Agenda. Councilmember Davidson seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $594,532.77. B. Consideration of approving new hires and departures for City departments. Action taken: Approved hire for the MCC and terminations for liquor store, MCC, DMV, and Water/Sewer. C. Consideration of approving the sale/disposal of surplus city property for the Parks and Recreation Department. Action taken: No report this cycle. D. Consideration of approving a special event permit for Monticello RV for a Local Heroes Days event to be held August 18 -August 20, 2022. Action taken: Approved the special event permit. E. Consideration of approving a temporary liquor license for the Monticello Lions for the Monticello Fire Department's 1251h Anniversary event on Saturday, September 17, 2022. Action taken: Approved the temporary liquor license. F. Consideration of approving a special event permit and a temporary liquor license for "Oktoberfest" and allowing use of Pioneer Park and related assistance as requested for the event on Saturday, September 17, 2022. Action taken: Approved the special event permit. G. Consideration of adopting Ordinance 782 amending Chapter 32, Organizations, Section 32.077 Membership — Industrial Economic Development Committee (IEDC) to clarify membership eligibility. Action taken: Adopted Ordinance 782. H. Consideration of approving appointment of Daryl Tindle to the Parks, Arts, & Recreation Commission. Action taken: Approved the appointment. City Council Minutes: August 8, 2022 Page 2 1 4 Consideration of authorizing changes to the Riverside Cemetery Rules and Regulations regarding stone size change. Action taken: Approved the changes to the Riverside Cemetery Rules and Regulations. Consideration of approving a lease agreement with Monticello School District 882 for the 2022-2023 school year to serve kindergarten through fifth grade nature -based education at the Bertram Chain of Lakes Regional Park shared park maintenance shed. Action taken: Approved the lease agreement. K. Consideration of approving an updated Monticello Community Center facility hours schedule for 2022. Action taken: Approved the facility hours schedule. L. Consideration of authorizing WSB to provide engineering services for the Pinewood Elementary Safe Routes to School Improvement project for a total cost of $76,718. Action taken: Approved the contract with WSB. M. Consideration of approving the purchase of a permanent easement for improvements to County Ditch 33 for a total amount of $18,000. Action taken: Approved the purchase of permanent easement. N. Consideration of adopting Resolution 2022-88 accepting improvements and authorizing final payment of $6,534.46 to Michels Power Inc. for the installation of FiberNet Facilities in the Featherstone 5t" and Edmonson Ridge developments. Action taken: Adopted Resolution 2022-88 accepting improvements and authorizing final payment. O. Consideration of adopting Resolution 2022-89 approving a quit claim deed for conveyance of Parcel 155-010-052101 to the Monticello Economic Development Authority. Action taken: Adopted Resolution 2022-89 approving quit claim deed. 3. Public Hearings: 4. Regular Agenda: A. Consideration of Interim Ordinance 783 declaring a moratorium on the sale, testing, distribution, and/or manufacturing of products with hemp -derived THC (Tetrahydrocannibinol), and a prohibition on the acceptance of any applications for such sale, distribution, or manufacture. Applicant: City of Monticello Angela Schumann, Community Development Director, presented the item. The proposed interim ordinance declaring a moratorium would allow staff time to study the law regarding THC production and sales and implications it may have on the community. Specifically, staff wants to study, policing, licensing and City Council Minutes: August 8, 2022 Page 3 14 zoning. When the Legislature passed the law allowing THC sales, they did not include parameters regulating productions, sale, or compliance. City Council discussed the interim ordinance. There were questions on the need for regulation. Councilmembers Murdoff and Davidson expressed that they would not support a moratorium of one year. Councilmember Murdoff questioned whether there would be a negative impact by allowing the sale since it is such a low dose and would not support a moratorium or licensing. Councilmember Davidson understands the zoning and licensing components, but his concern is regarding the loss of business for local establishments to surrounding cities. Ms. Schumann clarified that 12 months is allowed; however, it may not take that long. Councilmember Gabler questioned whether a 6 -month moratorium could be an option and then extended if needed. Ms. Schumann would have to confirm that it could be extended from 6 to 12 months if needed. There was discussion on possible licensing options. Rachel Leonard, City Administrator, clarified that staff is not recommending to license, but would like to study the issue and whether licensing would be needed. Mayor Hilgart noted his disappointment that the State passed the law without any stipulations for regulations. He added that he would prefer a special City Council meeting to discuss some of the issues or questions. Councilmember Gabler moved to table the item to August 22. Councilmember Fair seconded the motion. Motion carried unanimously. Ms. Schumann noted that questions can be directed to her. 5. Adjournment: The meeting was adjourned at 7:48 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Administrator City Council Minutes: August 8, 2022 Page 4 1 4 City Council Agenda: 8/22/2022 2A. Consideration of approving payment of bills Prepared by: Meeting Date: ® Consent Agenda Item Finance Director 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve the bill and purchase card registers for a total amount of $2,428,404.87. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. Budget Impact: N/A II. Staff Workload Impact: No additional work. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA • Bill registers and purchase card registers Accounts Payable CITY' OF Computer Check Proof List by Vendor Moiiii6effo User: Debbie.Davidson Printed: 08/16/2022 - 3:48PM Batch: 00201.08.2022 - 201.08.2022 US Bank Invoice No Description Amount Payment Date Acct Number Reference Vendor: 4263 CAYAN Check Sequence: I ACH Enabled: True 2330607 (18,008) Transactions 7/2022 1,933.61 08/15/2022 609-49754-443980 2330607 7/22 cc machine rental 128.69 08/15/2022 609-49754-424100 Check Total: 2,062.30 Vendor: 2439 DEPT OF EMPLOYMENT & ECON DEVELO Check Sequence: 2 ACH Enabled: True Qtr 2 2022 Qtr 2 Unemployment Benefits - Parks 2,099.57 08/15/2022 101-45201-414200 Qtr 2 2022 Qtr 2 Unemployment Benefits - Streets 1,107.51 08/15/2022 101-43120-414200 Check Total: 3,207.08 Vendor: 5188 HEALTHY CONTRIBUTIONS Check Sequence: 3 ACH Enabled: True 8/15/2022 AARP Supplement/At Your Best 5.90 08/15/2022 226-45122-430900 Check Total: 5.90 Vendor: 3241 LINCOLN FINANCIAL GROUP Check Sequence: 4 ACH Enabled: True 8/1/2022 Life Insurance - August 2022 2,911.62 08/15/2022 101-00000-217066 Check Total: 2,911.62 Vendor: 5415 MII LIFE INSURANCE INC Check Sequence: 5 ACH Enabled: True 40324553 FSA-Medical 328.32 08/15/2022 101-00000-217300 40327181 FSA-Medical 71.29 08/15/2022 101-00000-217300 40327181 FSA- Dependent Care 384.60 08/15/2022 101-00000-217200 Check Total: 784.21 Vendor: 1593 MN DEPT OF REVENUE - ACH Check Sequence: 6 ACH Enabled: True July July Sales Tax - General 196.00 08/15/2022 101-00000-208100 July July Waste Tax - General 148.77 08/15/2022 101-00000-208120 July July Waste Tax - General 0.23 08/15/2022 101-43230-443990 July July Sales Tax - MCC 4,359.59 08/15/2022 226-00000-208100 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference July July Sales Tax - MCC -0.59 08/15/2022 226-45122-443990 July July Sales Tax - Water 3,429.05 08/15/2022 601-00000-208100 July July Sales Tax - Water -0.05 08/15/2022 601-00000-362900 July July Sales Tax - Liquor 68,477.80 08/15/2022 609-00000-208100 July July Sales Tax - Liquor 0.20 08/15/2022 609-49750-443990 Check Total: 76,611.00 Vendor: 5147 MN PEIP Check Sequence: 7 1215084 Health Insurance - Sept 2022 49,345.65 08/15/2022 101-00000-217061 Check Total: 49,345.65 Vendor: 4732 MONEY MOVERS, INC. Check Sequence: 8 150199 Fitness Rewards - July 2022 14.25 08/15/2022 226-45122-430900 Check Total: 14.25 Vendor: 1426 CITY OF MONTICELLO Check Sequence: 9 UB June 2022 5005 - spklr - 822 Hart Blvd. 88.22 08/15/2022 101-43120-438200 UB June 2022 8631 - Animal Shelter 155.99 08/15/2022 101-42700-438200 UB June 2022 5026 - Ellison Park 712.92 08/15/2022 101-45201-438200 UB June 2022 8905 - PW Office 17.50 08/15/2022 101-43127-438200 UB June 2022 5002- spklr- 1510 Hart Blvd 91.80 08/15/2022 101-43120-438200 UB June 2022 8119 - 303 6th St - Parks new 226.32 08/15/2022 101-45201-438200 UB June 2022 7224 - WWTP 2,745.39 08/15/2022 602-49480-438200 UB June 2022 8394 - spklr - Riverside Cem. 25.38 08/15/2022 215-49010-438200 UB June 2022 7256-004 - 130 Brdwy- Stormwtr 26.25 08/15/2022 213-46301-438200 UB June 2022 5004 - spklr - 1390 Hart Blvd 291.02 08/15/2022 101-43120-438200 UB June 2022 7441 - spklr - 200 W. Broadway 31.00 08/15/2022 101-43120-438200 UB June 2022 14915 - spklr - 4100 1/2 Cedar 25.86 08/15/2022 101-43120-438200 UB June 2022 8528 - Monti -NSP Sftbll Fields 1,808.48 08/15/2022 101-45203-438200 UB June 2022 8086 - 4th St. Warming House 17.50 08/15/2022 101-45201-438200 UB June 2022 8177 - Library 274.65 08/15/2022 101-45501-438200 UB June 2022 8674 - spklr - 207 Chelsea Rd 132.91 08/15/2022 601-49440-438200 UB June 2022 8117 - MCC 1,238.52 08/15/2022 226-45126-438200 UB June 2022 8622 - Pioneer Park bathroom 33.94 08/15/2022 101-45201-438200 UB June 2022 10128 - DMV 49.85 08/15/2022 653-41990-438200 UB June 2022 8906 - spklr - PW 45.06 08/15/2022 101-43127-438200 UB June 2022 5569 - spklr - Meadow Oak Ave 849.53 08/15/2022 101-45201-438200 UB June 2022 8488 - spklr - Hillcrest Park 292.02 08/15/2022 101-45201-438200 UB June 2022 15291 - Commuter Lot- Stormwtr 54.25 08/15/2022 101-43120-438200 UB June 2022 13953 - spklr - Hwy25/SE Brdwy 27.29 08/15/2022 101-43120-438200 ACH Enabled: True ACH Enabled: True ACH Enabled: True AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference UB June 2022 15064 - spklr -Featherstone Pk 46.33 08/15/2022 101-45201-438200 UB June 2022 15363 - spklr- Fallon/7th St. 111.40 08/15/2022 08/15/2022 101-43120-438200 UB June 2022 5248 - spklr - Bridge Park E 417.16 653-41990-421990 08/15/2022 101-45201-438200 UB June 2022 7885 - Facilities Maintenance 45.50 08/06/2022 08/15/2022 701-00000-438200 UB June 2022 15292 - Dwntwn Parking-Strmwtr 26.25 Amazon - Laptop Memory RAM 16GB 08/15/2022 101-43120-438200 UB June 2022 5249 - spklr - Bridge Park W 391.24 116.00 08/15/2022 101-45201-438200 UB June 2022 8533 - spklr Chelsea Rd Lft St 63.31 08/15/2022 602-49490-438200 UB June 2022 15362 - spklr-Fallon/Chelsea 102.41 08/15/2022 08/15/2022 101-43120-438200 UB June 2022 7256-007 - 103 Pine St- EDA 45.50 101-45501-431990 08/15/2022 213-46301-438200 UB June 2022 5003 - spklr - 1460 Hart Blvd 93.58 08/15/2022 101-43120-438200 UB June 2022 8621 - spklr- Fenning rnd-a-bt 19.75 08/15/2022 101-43120-438200 UB June 2022 8903 - PW Shop/Clerical 441.98 08/15/2022 101-43127-438200 UB June 2022 8120 - Bldg. Inspec. Garage 45.50 08/15/2022 101-41940-438200 UB June 2022 10063 - spklr - Front St. Park 31.00 08/15/2022 101-45201-438200 UB June 2022 7256-008 - 112 River St. W EDA 45.50 08/15/2022 213-46301-438200 UB June 2022 10267 - spklr - Comm. Garden 38.85 08/15/2022 226-45127-438200 UB June 2022 5250 - Bridge Park W 58.66 08/15/2022 101-45201-438200 UB June 2022 8904 - PW Vehicle Storage 16.47 08/15/2022 101-43127-438200 UB June 2022 5637 - Meadow Oak Dog Park 7.10 08/15/2022 101-45201-438200 UB June 2022 7256-003 - MontiArts 45.50 08/15/2022 101-45204-438200 UB June 2022 8114 - Hi -Way Liquors 266.86 08/15/2022 609-49754-438200 UB June 2022 14522 - spklr - Hillside Cem. 75.52 08/15/2022 101-45201-438200 UB June 2022 15640 - 103 Chelsea Rd- Fire 289.35 08/15/2022 101-42200-438200 UB June 2022 725 6-00 10 - 101 Broadway W 45.50 08/15/2022 101-45204-438200 UB June 2022 7256-0013 113 Broadway W - EDA 45.50 08/15/2022 213-46301-438200 UB June 2022 7256-0014 121 Broadway W - EDA 45.50 08/15/2022 213-46301-438200 UB June 2022 7256-0011 - 107 Broadway W 45.50 08/15/2022 101-45204-438200 UB June 2022 16726- 205 Pine Street 61.94 08/15/2022 101-45201-438200 UB June 2022 16795- 213 Broadway W - MontiArts 45.50 08/15/2022 101-45204-438200 Check Total: 12,275.81 Vendor: 2811 US BANK CORPORATE PMT SYSTEM Check Sequence: 10 08/06/2022 Amazon - License Plate Envelopes 33.99 08/15/2022 653-41990-421990 08/06/2022 Amazon - Latex Gloves 20.30 08/15/2022 653-41990-421990 08/06/2022 Amazon - Desktop File Storage Organization Tr 51.10 08/15/2022 653-41990-421990 08/06/2022 Amazon - Labeling Tape, Address Labels 174.63 08/15/2022 101-41310-421990 08/06/2022 Amazon - Laptop Memory RAM 16GB 54.99 08/15/2022 702-00000-421990 08/06/2022 Camp Ripley - Lodging @ Training (BF) 116.00 08/15/2022 101-42400-433100 08/06/2022 Cintas - Inv #4123856991 62.30 08/15/2022 653-41990-431990 08/06/2022 Cintas - Inv #4124455263 79.43 08/15/2022 226-45126-431990 08/06/2022 Cintas - Inv 94124455139 40.34 08/15/2022 101-45501-431990 08/06/2022 Cub - Snacks for Training: Bananas, Granola Baa 46.34 08/15/2022 101-41800-443990 ACH Enabled: True AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Cummins - Service Call/Inspection Generator @ 1,378.26 08/15/2022 701-00000-440100 08/06/2022 Dacotah Paper - Cleaning Supplies 1,111.33 08/15/2022 701-00000-421990 08/06/2022 Dacotah Paper - Paper Plates, Kleexex, Teaspooi 260.07 08/15/2022 226-45125-421990 08/06/2022 Delta - Checked Baggage Fee (RL) 30.00 08/15/2022 101-41310-433100 08/06/2022 Discounted Mugs - Sales Tax Refund -26.60 08/15/2022 101-00000-115030 08/06/2022 Domino's Pizza - Food for EDA Meeting 44.47 08/15/2022 213-46301-443990 08/06/2022 Golden Valley Supply - Eclipse .70 NRC 2x2 x 3 392.75 08/15/2022 701-00000-440100 08/06/2022 Hilton - I94 Coaltion Lodging - 2 Nights (RL) 744.88 08/15/2022 101-41310-433100 08/06/2022 Hilton - I94 Coaltion Lodging - 2 Nights (CG) 756.88 08/15/2022 101-41110-433100 08/06/2022 Hilton - Addt'l Breakfast Charge (CG) - To Be R 12.80 08/15/2022 101-00000-115030 08/06/2022 Innovative - Paper, Pens, Highlighters, Markers, 268.23 08/15/2022 101-41310-421990 08/06/2022 Innovative - Paper, Binder Clips 97.30 08/15/2022 653-41990-421990 08/06/2022 Jimmy Johns - Food for Council Budget Meeting 124.36 08/15/2022 101-41110-443990 08/06/2022 League MN Cities - Training (RL) 50.00 08/15/2022 101-41310-433100 08/06/2022 MN Dept Labor - Qtr 2 Building Permit Surchar; -185.51 08/15/2022 101-42400-343000 08/06/2022 MN Dept Labor - Qtr 2 Building Permit Surchar; 4,639.01 08/15/2022 101-00000-208110 08/06/2022 MN Dept Labor - Annual Elevator Operating Pei 100.00 08/15/2022 701-00000-443700 08/06/2022 Monti Chamber - June Lunch (JT) 20.00 08/15/2022 213-46301-443990 08/06/2022 Monti Printing - Shipping Labels (1000) 104.42 08/15/2022 101-41310-421990 08/06/2022 Republc Services - Shredding Service (CH) 33.90 08/15/2022 101-41310-431990 08/06/2022 Republc Services - Shredding Service (DMV) 33.90 08/15/2022 653-41990-431990 08/06/2022 Runnings - HVAC Filter, Flashlight 103.97 08/15/2022 701-00000-421990 08/06/2022 Runnings - Window A/C Foam Seal for PW 8.78 08/15/2022 701-00000-421990 08/06/2022 Sign Bracket Store - Sales Tax - Refund Request 64.33 08/15/2022 101-00000-115030 08/06/2022 Sign Bracket Store - Brackets for Banners 145.39 08/15/2022 101-41940-421990 08/06/2022 Sign Bracket Store - Brackets for Banners (2) 290.74 08/15/2022 101-45175-421990 08/06/2022 Sign Bracket Store - Brackets for Banners (1) 145.37 08/15/2022 101-42800-443990 08/06/2022 Sign Bracket Store - Brackets for Banners (1) 145.37 08/15/2022 226-45125-421990 08/06/2022 Sign Bracket Store - Brackets for Banners (1) 145.37 08/15/2022 226-45122-421990 08/06/2022 Spectrum Sports - Climbing Wall Inspection 551.00 08/15/2022 701-00000-431990 08/06/2022 Target - Bottled Water for Meetings 8.58 08/15/2022 101-41310-443990 08/06/2022 UPS - Refund for Disputed Package -14.00 08/15/2022 101-00000-115030 08/06/2022 USPS - Election Postage 9.50 08/15/2022 101-41410-432200 08/06/2022 Verizon - May 21 - June 20 1,120.29 08/15/2022 702-00000-432100 08/06/2022 Walmart - Candy for Budget Buckets 18.52 08/15/2022 101-41520-421990 08/06/2022 Sign Bracket Store - Sales Tax - Refund Receive -64.33 08/15/2022 101-00000-115030 08/06/2022 Amazon - return 4 -square Pickleball net -149.99 08/15/2022 226-45127-421990 08/06/2022 Amazon - return climber carabiner -34.95 08/15/2022 226-45127-421990 08/06/2022 Home Depot - credit sales tax charged 6/27/22 -1.47 08/15/2022 101-45201-422500 08/06/2022 Runnings - Hillman bulk bin 1.98 08/15/2022 101-45201-421990 08/06/2022 Auto Value - (5) 100 cs quart cup 2.20 08/15/2022 101-45201-421990 08/06/2022 Runnings - 3 pk. 1.5v battery 6.99 08/15/2022 101-45201-421990 08/06/2022 Amazon - mouse pad 6.99 08/15/2022 226-45122-421990 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Runnings - 14 oz. pruning sealer 7.99 08/15/2022 101-43120-421990 08/06/2022 Auto Value - gasket maker for boiler 8.99 08/15/2022 701-00000-421990 08/06/2022 Runnings - Cap 3" slip; bulk bin 11.28 08/15/2022 226-45126-421990 08/06/2022 Amazon -candy for market 11.94 08/15/2022 226-45127-421750 08/06/2022 Amazon - 4pk pen holder; 1000 coffee stirrers 39.98 08/15/2022 226-45123-421990 08/06/2022 Runnings - braille sign 12.49 08/15/2022 101-45201-421990 08/06/2022 Kwik Stop -Art Car (3.063) gal. unleaded @ $4. 15.01 08/15/2022 101-45201-421200 08/06/2022 Amazon - brake & clutch fluid 16.99 08/15/2022 101-43127-421990 08/06/2022 Runnings - solvent cement weld kit; (2) pvc coul 17.57 08/15/2022 701-00000-421990 08/06/2022 Home Depot -16x48 quiktube 17.97 08/15/2022 101-43120-421990 08/06/2022 Runnings - (9) Hillman bulk bin 19.27 08/15/2022 101-45201-421990 08/06/2022 Auto Value - (4) oil filters 21.16 08/15/2022 101-45201-422990 08/06/2022 Amazon -1 Opk rock climbing holds- Romp & Sti 21.99 08/15/2022 226-45126-421990 08/06/2022 Amazon - 24 pk pens for staff meeting 24.99 08/15/2022 226-45125-421990 08/06/2022 UPS - express 1 -day 26.95 08/15/2022 101-45201-432200 08/06/2022 USPS - express 1 -day 26.95 08/15/2022 101-45201-432200 08/06/2022 Home Depot -(6) 5 gal. buckets 29.88 08/15/2022 101-42200-421990 08/06/2022 Runnings - drill bit HSS reduc. shnk 30.99 08/15/2022 101-45201-421990 08/06/2022 Home Depot - (4) tube guard; tapcon; fender wa; 31.63 08/15/2022 101-45201-421990 08/06/2022 Monti Napa - (3) tire foam; Armorall - for paradi 32.46 08/15/2022 101-42200-421990 08/06/2022 Amazon - (2)cs ream paper 37.76 08/15/2022 101-43110-421990 08/06/2022 Home Depot - (16) 40 lb. topsoil 39.52 08/15/2022 101-45201-422500 08/06/2022 Amazon - label maker bundle 39.99 08/15/2022 101-45204-421990 08/06/2022 Mills Fleet Farm - small engine non-oxi (8.222) 42.75 08/15/2022 101-42200-421200 08/06/2022 Runnings - tank hook up kit 44.99 08/15/2022 101-45201-421990 08/06/2022 Runnings - 4 pk. ratchet straps 44.99 08/15/2022 101-43120-421990 08/06/2022 Runnings - (5) hand trowel 45.94 08/15/2022 101-45201-422500 08/06/2022 Border States - (72) 24pk. AAA batteries 49.55 08/15/2022 101-42200-421990 08/06/2022 Nighthawk Security - August 2022 security Park 49.95 08/15/2022 701-00000-431990 08/06/2022 Red's Service small engine fuel 50.00 08/15/2022 101-45201-421200 08/06/2022 Amazon - (3) straps for canopy weights 50.97 08/15/2022 226-45127-421750 08/06/2022 Amazon - (2) ink cartridge 50.98 08/15/2022 101-45201-421990 08/06/2022 Fricke & Sons Sod- (15) 22.5 yds. rolls 52.88 08/15/2022 101-45201-421990 08/06/2022 Runnings -jack, tw 2000# flange 10"mount; (.51 53.12 08/15/2022 101-45201-422990 08/06/2022 Runnings - (2) auto cut 25-2 57.98 08/15/2022 101-45201-422990 08/06/2022 Cub - resale - lemons/limes 58.25 08/15/2022 609-49750-425500 08/06/2022 Speedway - (14.009) gal. unleaded @ $4.269 59.80 08/15/2022 101-42200-421200 08/06/2022 Preston Equip- (2) buckle; plug 65.69 08/15/2022 101-43120-422100 08/06/2022 General Rental - 100 lb. porpane fill 67.99 08/15/2022 101-45201-421990 08/06/2022 Auto Value - #302 - (2) brake fluid; ABS sensor 73.97 08/15/2022 602-49490-422990 08/06/2022 Peach Jar - Father Daughter Dance advertising 75.00 08/15/2022 226-45127-434990 08/06/2022 Senior Perspective - (3) Farmers Market advertis 75.00 08/15/2022 226-45127-434990 08/06/2022 Amazon - LED Exit sign; (2) pump kit for spas 79.89 08/15/2022 701-00000-421990 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Amazon - (2) 56ct. batteries 79.98 08/15/2022 101-45201-421990 08/06/2022 Speedway -Com. 11 - (18.152) gal. unleaded @ 80.21 08/15/2022 101-42200-421200 08/06/2022 Runnings - (2) torch; 2 pk. 16 oz. propane tank 80.97 08/15/2022 101-45201-421990 08/06/2022 Cub - resale - lemons/limes 82.54 08/15/2022 609-49750-425500 08/06/2022 Amazon - 3pk. carabiner; (2) swivel swing 85.93 08/15/2022 226-45126-422990 08/06/2022 Gertens - (2) 100pk arbor plugs 90.00 08/15/2022 101-46102-421990 08/06/2022 M & M Express - portable water tank 101.71 08/15/2022 101-43120-421990 08/06/2022 Grainger - (3) 12 pk C battery; (2) 24pk AA 107.32 08/15/2022 101-45201-421990 08/06/2022 Gertens - air tank 110.00 08/15/2022 101-46102-421990 08/06/2022 Amazon - (8) assorted toys for supervised play 110.16 08/15/2022 226-45127-421990 08/06/2022 Amazon - (4) 50pk dinner plates; (3) 100pc. plat 111.46 08/15/2022 226-45123-421990 08/06/2022 Grainger - (3) Coyote, coraplast 111.81 08/15/2022 101-45201-421990 08/06/2022 FSSolutions -dba Vault- DOT Screen - 1/2 Street 59.38 08/15/2022 101-43120-431990 08/06/2022 FSSolutions -dba Vault- DOT Screen - 1/2 Parks 59.38 08/15/2022 101-45201-431990 08/06/2022 Amazon -(8) rechargeable battery pack for walki 119.47 08/15/2022 226-45124-421990 08/06/2022 Amazon - folding wagon 119.98 08/15/2022 226-45124-421990 08/06/2022 Runnings - (18) 5.2 oz. engine oil; (18) 2.6 oz. ei 121.50 08/15/2022 101-45201-421990 08/06/2022 Amazon - (2) battery tender; (2) cooling towels 122.15 08/15/2022 101-42200-421990 08/06/2022 Home Depot -elec. staple gun; trash can, staple; 124.64 08/15/2022 101-43120-421990 08/06/2022 Pickleball Central - pickleball net 148.49 08/15/2022 226-45127-421990 08/06/2022 Amazon -projector lamp 149.99 08/15/2022 101-45204-421990 08/06/2022 Safety-Kleen - (8) gal waste combustable liquid 202.72 08/15/2022 101-43127-431990 08/06/2022 Innovative Solutions - (4) thermal paper 276.00 08/15/2022 609-49754-421990 08/06/2022 Ausco - (35) staff T-shirts 280.00 08/15/2022 226-45122-421990 08/06/2022 Auto Value - #302 - (2) bracketed caliper 281.44 08/15/2022 602-49490-422990 08/06/2022 Amazon - (7) 104pk chips for Block Party 292.89 08/15/2022 101-41310-444210 08/06/2022 Mills Fleet Farm - loadbinder ratchet; chain - pal 299.95 08/15/2022 101-43120-421990 08/06/2022 Amazon - projector bulb housing replacement 351.99 08/15/2022 101-45204-421990 08/06/2022 Moorie's Ford - 2019 Ford F150- oil change; key 387.71 08/15/2022 101-42200-440500 08/06/2022 Westside Tire - trailer - (4) mount tire 394.28 08/15/2022 101-45201-422990 08/06/2022 Boyer Trucks - Tender 11 - diagnose & repair do 414.62 08/15/2022 101-42200-440500 08/06/2022 Swank - licensaing for Scooby Doo- Movie in P, 435.00 08/15/2022 226-45127-431991 08/06/2022 Swank - licensaing for Tangled- Movie in Park 435.00 08/15/2022 226-45127-431991 08/06/2022 EATI - #112 - mounted signal minibar LED's 438.60 08/15/2022 101-43120-422110 08/06/2022 Elk River Landfill - (2.48) T. waste disposal 452.43 08/15/2022 101-45201-431990 08/06/2022 Menard's - Ellison Shelter- (6) tightmesh; dual h, 494.65 08/15/2022 101-45201-421990 08/06/2022 Amazon -(4) 6pk. watering bags 525.80 08/15/2022 101-45201-421990 08/06/2022 Gertens-TREEage R10 1 pint; PropiZol tip & pc 564.09 08/15/2022 101-46102-421990 08/06/2022 Gertens-TREEage R10 1 pint; (2) 100 pk. arbors 584.10 08/15/2022 101-46102-421990 08/06/2022 IntegriPrint - (20) Frms. Mkt signs; (5) Music on 596.18 08/15/2022 226-45122-421990 08/06/2022 Amazon -(21) excersise mats- Prairie Center 711.58 08/15/2022 226-45127-421720 08/06/2022 Arctic Glacier - resale inv.#3459219906 941.70 08/15/2022 609-49750-425500 08/06/2022 Arctic Glacier - resale inv.#3456218204 1,092.27 08/15/2022 609-49750-425500 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Aramark - June 2022 mat, towel, rug service- Pa 126.18 08/15/2022 701-00000-431990 08/06/2022 Aramark - June 2022 uniforms - Parks 254.30 08/15/2022 101-45201-441700 08/06/2022 Aramark - June 2022 uniforms - Sewer 155.24 08/15/2022 602-49490-441700 08/06/2022 Aramark - June 2022 uniforms - Water 155.24 08/15/2022 601-49440-441700 08/06/2022 Aramark - June 2022 uniforms - Streets 282.06 08/15/2022 101-43120-441700 08/06/2022 Aramark - June 2022 towels - Shop 257.19 08/15/2022 101-43127-421990 08/06/2022 Aramark - June 2022 uniforms - Streets credits -58.75 08/15/2022 101-43120-441700 08/06/2022 Red's Service- small engine fuel 72.26 08/15/2022 101-45201-421200 08/06/2022 Dacotah Paper - Cleaning Supplies 788.12 08/15/2022 701-00000-421990 08/06/2022 Varitecht- #116 - (3) valve & hose pkg.; OL disc 3,493.77 08/15/2022 101-43125-422100 08/06/2022 WHCE - Sunset Ponds 6/1-7/1/2022 (1,030) kW 468.87 08/15/2022 602-49490-438100 08/06/2022 WHCE - August 2022 Security Monitoring 398.64 08/15/2022 701-00000-431900 08/06/2022 WHCE - Install Security - MCC 1,202.45 08/15/2022 701-00000-440100 08/06/2022 WHCE - August 2022 General Street Lighting 2,496.09 08/15/2022 101-43160-438100 08/06/2022 Nighthawk Security - Flre/Ethemet/LTE commu 369.00 08/15/2022 701-00000-431990 08/06/2022 Nighthawk Security - install digital keypad - Par: 600.00 08/15/2022 701-00000-440100 08/06/2022 Amazon -(2) 6pk notebooks for training 37.94 08/15/2022 226-45125-421990 08/06/2022 Water Labs - water testing Bertram 51.00 08/15/2022 101-45201-431990 08/06/2022 Home Depot -foam tape 4.24 08/15/2022 101-43120-421990 08/06/2022 Home Depot - (2) door pull handle 12.54 08/15/2022 101-43120-421990 08/06/2022 Home Depot - (2) braid faucet supply line; brass 14.53 08/15/2022 101-45201-421990 08/06/2022 Amazon - (2) DVD's for Movie in the Park - Tan 23.76 08/15/2022 226-45127-421990 08/06/2022 Runnings - 100 pk. wood screws 58.99 08/15/2022 101-43120-421990 08/06/2022 Amazon - 5 pk. tube assembly 59.40 08/15/2022 701-00000-421990 08/06/2022 AT & T - FirstNet July 2022 mobile unlimited ca 76.46 08/15/2022 101-42200-432100 08/06/2022 Home Depot - (9) 10' cedar; (3) 8' ect- voting sig 149.96 08/15/2022 101-43120-421990 08/06/2022 Innovative Solutions - (2) thermal paper; (2) 400 297.42 08/15/2022 609-49754-421990 08/06/2022 Cintas - Inv 94123181186; 4455255; 57139; 213 451.81 08/15/2022 609-49754-431990 08/06/2022 Amazon - Super ATV flip windshield 544.95 08/15/2022 101-43120-421990 08/06/2022 Arctic Glacier - resale inv.#3455219202; 54220E 1,733.47 08/15/2022 609-49750-425500 08/06/2022 Amazon - Acrylic Brochure Holder (6 pk), Corm 34.16 08/15/2022 653-41990-421990 08/06/2022 Amazon - Binder Clips, Paper 166.96 08/15/2022 653-41990-421990 08/06/2022 Amazon - AA Batteries (28 pk) 37.98 08/15/2022 101-41310-421990 08/06/2022 Amazon - HDMI Adapter (5 pk), 8GB RAM LaI 72.58 08/15/2022 702-00000-421990 08/06/2022 Amazon - Rubber Finger Tips, Thermal Laminat 85.57 08/15/2022 101-41310-421990 08/06/2022 Amazon - Gallon Ziploc Bags 2.99 08/15/2022 101-41310-421990 08/06/2022 Amazon - Felt Tip Pens (2 boxes) 31.98 08/15/2022 101-41310-421990 08/06/2022 Amazon - Wireless Doorbells (3) - Elections 62.97 08/15/2022 101-41410-421990 08/06/2022 Amazon - Staplers (2), Paper Clips, First Aid Kit 54.49 08/15/2022 101-41310-421990 08/06/2022 Amazon - Mesh Zipper Pouches, Calculator, Tap 43.97 08/15/2022 101-41410-421990 08/06/2022 Amazon - 3 in 1 Mini Vacuum - Electronics Clea 26.39 08/15/2022 702-00000-421990 08/06/2022 Amazon - Coffee Cups (300) 39.99 08/15/2022 101-41310-421990 08/06/2022 Amazon - AAA Batteries (24 pk), Mailing Label 197.23 08/15/2022 101-41310-421990 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Amazon - File Guides 30.79 08/15/2022 101-41310-421990 08/06/2022 Amazon - Post It Notes, Cash Box w/Money Tra 38.21 08/15/2022 653-41990-421990 08/06/2022 Amazon - Expanding File Folder, Alcohol Wipe: 20.87 08/15/2022 101-41520-421990 08/06/2022 Carlsen Coaching - 1/2 Day Admin Team Works] 1,800.00 08/15/2022 101-41310-433100 08/06/2022 Dacotah Paper - Cleaning Supplies 528.71 08/15/2022 701-00000-421990 08/06/2022 Dacotah Paper - Straws, Food Service Gloves, P] 243.91 08/15/2022 226-45125-421990 08/06/2022 Jimmy Johns - Food for Council Budget Meeting 127.07 08/15/2022 101-41110-443990 08/06/2022 Jimmy Johns - Clerk/Election Lunch 26.43 08/15/2022 101-41410-443990 08/06/2022 Monti Chamber - Aug Lunch (RL) 20.00 08/15/2022 101-41310-443990 08/06/2022 Monti Chamber - Aug Lunch (TP) 20.00 08/15/2022 101-45201-443990 08/06/2022 Monti Chamber - Aug Lunch (HF) 20.00 08/15/2022 101-41310-443990 08/06/2022 USPS - Stamps - Elections 12.00 08/15/2022 101-41410-432200 08/06/2022 Walmart - Water/Beverages for Council Meeting 22.08 08/15/2022 101-41110-443990 08/06/2022 Walmart - Bins for Elections 33.96 08/15/2022 101-41410-421990 08/06/2022 Walmart - Fun Pops for The Pointes Block Party 29.80 08/15/2022 101-41910-443990 08/06/2022 Safeguard Security - Aug 2022 Security Monitor 44.95 08/15/2022 701-00000-431990 08/06/2022 Waste Mgmt - June 2022 156.75 08/15/2022 101-45201-438400 08/06/2022 Waste Mgmt - June 2022 35.80 08/15/2022 101-43127-438400 08/06/2022 Waste Mgmt - June 2022 25.06 08/15/2022 609-49754-438400 08/06/2022 Waste Mgmt - June 2022 219.30 08/15/2022 226-45126-438400 08/06/2022 Waste Mgmt - June 2022 119.05 08/15/2022 602-49480-438400 08/06/2022 Waste Mgmt - June 2022 12.53 08/15/2022 101-45501-431990 08/06/2022 Waste Mgmt - June 2022 - Recycling 20,416.47 08/15/2022 101-43230-438400 08/06/2022 Waste Mgmt - June 2022 - GFEE 4,389.95 08/15/2022 101-00000-208120 08/06/2022 Waste Mgmt - June 2022 - Garbage 45,103.62 08/15/2022 101-43230-438400 08/06/2022 UVC Cab - Cab Ride from Aiport to Hotel in We 25.65 08/15/2022 101-41310-433100 08/06/2022 Home Depot - Thermometer for Mario's Office 6.98 08/15/2022 101-43111-421990 08/06/2022 Home Depot - A/C Window Unit for PW 329.00 08/15/2022 701-00000-421990 08/06/2022 Home Depot - Weed Spray 47.94 08/15/2022 701-00000-421990 08/06/2022 Auto Value - #302 - return (2) bracketed caliper -123.46 08/15/2022 602-49490-422990 08/06/2022 Runnings - (2.65) lbs. bolts 7.13 08/15/2022 101-43127-422990 08/06/2022 Dan & Jerry's - (5) 6 pk. wave petunia 9.99 08/15/2022 101-45201-440900 08/06/2022 Auto Value - (2) oil filters 10.58 08/15/2022 101-43127-422120 08/06/2022 Auto Value - retum(2) rear brake; (2) disc brake 14.00 08/15/2022 101-42200-422110 08/06/2022 Runnings - (4) 24 pk. water; (.64) lb. bolts 14.88 08/15/2022 101-43127-421990 08/06/2022 Runnings - shellac spray 14.99 08/15/2022 101-45201-421990 08/06/2022 Auto Value - (2) hydraulic construc; oil filter 18.95 08/15/2022 101-43127-422120 08/06/2022 Runnings - (5) 24 pk. .5L water 22.95 08/15/2022 101-43127-421990 08/06/2022 Hirshfield's - 1 gal. white base 26.38 08/15/2022 101-45204-421990 08/06/2022 Speedway - (7.249) gal. unleaded @ $3.969 28.77 08/15/2022 101-42200-421200 08/06/2022 Auto Value - #112 - back up alarm 39.99 08/15/2022 101-43120-422110 08/06/2022 Auto Value -HD air farm; cleaning products; etc 41.52 08/15/2022 101-43120-422100 08/06/2022 Martie's - 8' erosion; (50) stakes 50.00 08/15/2022 652-49881-421990 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Auto Value - (4) 8.25 metal braided 55.96 08/15/2022 101-42200-422110 08/06/2022 Auto Value - RV blade cable 57.99 08/15/2022 101-43120-422100 08/06/2022 Runnings - valve ball; hose barb; (4) water; etc 65.66 08/15/2022 101-43120-422100 08/06/2022 Auto Value - elect. fuel pump 67.99 08/15/2022 101-42200-422110 08/06/2022 DISH - Aug. 2022 service 77.03 08/15/2022 609-49754-432500 08/06/2022 Runnings -(4) 5 gal. bucket 17.96 08/15/2022 601-49440-421990 08/06/2022 Home Depot -(2) sledge hammer; (2) san angelo 97.95 08/15/2022 601-49440-421990 08/06/2022 Home Depot -(2) sledge hammer; (2) san angelo 97.95 08/15/2022 602-49490-421990 08/06/2022 Walmart -5 pk. clothes; squeegee; pail; clean. pr( 25.08 08/15/2022 602-49490-421990 08/06/2022 Auto Value - #401 disc brake 79.99 08/15/2022 602-49490-422990 08/06/2022 Innovative Solutions -(3) CT creamer 87.90 08/15/2022 609-49754-421990 08/06/2022 Ausco - (28) T-shirts apparel -screen 112.00 08/15/2022 101-43120-421990 08/06/2022 Martie's - 25# premium sunny 118.00 08/15/2022 101-45201-422500 08/06/2022 Auto Value - universal fuel pump; (25) fuel line/1 120.74 08/15/2022 101-43120-422110 08/06/2022 Auto Value - (12) 12 oz. freon 155.88 08/15/2022 101-43127-421990 08/06/2022 Walmart - Comm. Art Show- snacks; drinks; etc. 158.69 08/15/2022 101-45204-421990 08/06/2022 Hafele America - (5) pk. replacement keys for to 162.31 08/15/2022 701-00000-421990 08/06/2022 Runnings - (2) chain; (2) slip hook; 12" mini bar 177.10 08/15/2022 101-43120-422100 08/06/2022 Hardees - (2) lunch - trip to Moorhead to pick up 22.30 08/15/2022 101-43120-433100 08/06/2022 Marathon - (37.755) G. diesel @$5.299; (9.484) 241.78 08/15/2022 101-43120-421200 08/06/2022 Kwik Trip - (21.363) gal unleaded @$4.349 92.91 08/15/2022 101-43120-421200 08/06/2022 Marathon - (20.459) gal unleaded @$4.399 90.00 08/15/2022 101-43120-421200 08/06/2022 EATI - (2) Whelen 6 super LED mnt 177.77 08/15/2022 101-43120-422100 08/06/2022 Gershel Bros- (20) 100 pk. sign stock 183.09 08/15/2022 609-49754-421990 08/06/2022 Flags Galore - (3) Vote Here flag; (4) 3 -pc pole s 289.84 08/15/2022 101-41410-421990 08/06/2022 Crystal Welding - red trailer - pintle hook mmg. ] 411.57 08/15/2022 101-43120-422100 08/06/2022 Auto Value - 2002 ford F350-(2) rear brake; calil 455.99 08/15/2022 101-42200-422110 08/06/2022 EATI -sound off signal; (2) 16 LED rant 813.96 08/15/2022 101-43120-422110 08/06/2022 Carolina Shoe - return boots- defective - M.S. 1/: -83.21 08/15/2022 601-49440-421990 08/06/2022 Carolina Shoe - return boots- defective - M.S. 1/: -83.21 08/15/2022 602-49490-421990 08/06/2022 Adobe - State Arts Grant- July 2022 service 29.99 08/15/2022 101-45204-431990 08/06/2022 Cintas - Inv. 4123181186; 4455255; 3857139; 5: 270.40 08/15/2022 609-49754-431990 08/06/2022 Runnings - (6) Hillman bulk bin 4.66 08/15/2022 101-45201-421990 08/06/2022 Home Depot - drywall utility jab saw; 1 lb. screv 15.96 08/15/2022 226-45123-421990 08/06/2022 Runnings - (2) wash brush; coupler safety pin 20.20 08/15/2022 101-43120-421990 08/06/2022 Home Depot - 400' painters plastic 31.28 08/15/2022 226-45123-421990 08/06/2022 Home Depot - WB mixer 24'; (2) drywall screw 51.48 08/15/2022 226-45123-421990 08/06/2022 Auto Value - #208 - (2) 5qt. oil; (2) oil filters 58.56 08/15/2022 101-45201-421990 08/06/2022 Auto Value - (4) yellow masking tape; (12) EPD1 74.84 08/15/2022 101-45201-421990 08/06/2022 Runnings - welding wire 78.99 08/15/2022 101-43120-421990 08/06/2022 Marathon - (16.984) gal diesel @ $5.299 - trip tc 90.00 08/15/2022 101-43120-421200 08/06/2022 Runnings - (2) auto cut; (4) rgd plate; (2) soap 101.92 08/15/2022 101-45201-421990 08/06/2022 Mills Fleet Farm - Jack TS210 tub; tube rant. we 103.54 08/15/2022 101-45201-421990 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 Home Depot - taping knife; pail; (3) corner bead 285.75 08/15/2022 226-45123-421990 08/06/2022 Hoizon Pool - CPO class for new employee 385.00 08/15/2022 226-45126-431990 08/06/2022 Midway Iron - 4'x 8' 1/4" steel; 10' tube 398.55 08/15/2022 101-43120-421990 08/06/2022 Martie's - (63) salt pellets for softener 409.50 08/15/2022 701-00000-421990 08/06/2022 Fire Hose Direct - (4) 50' dbl. jacket fire hose; hi 855.87 08/15/2022 101-43120-421990 08/06/2022 Grant Gopher - Find My Grants monthly service 9.00 08/15/2022 101-45201-443300 08/06/2022 Amazon - ream colored paper 14.72 08/15/2022 101-43110-421990 08/06/2022 Amazon - 3 pk journal books 15.99 08/15/2022 226-45125-421990 08/06/2022 Runnings - chain 63 PS 55 25.99 08/15/2022 101-45201-422990 08/06/2022 Adobe - State Arts Grant- Aug. 2022 service 29.99 08/15/2022 101-45204-431990 08/06/2022 Home Depot - Kilz primer 34.97 08/15/2022 101-45204-421990 08/06/2022 Cub -Comm. Art Show (2) caprese platter 85.88 08/15/2022 101-45204-421990 08/06/2022 Grainger -ballast disconnect 97.05 08/15/2022 101-43127-421990 08/06/2022 Signs Direct - (20) custom full color sign 109.20 08/15/2022 101-43120-421990 08/06/2022 Amazon - ink cart.(240) ct. coffee pod; wireless 175.12 08/15/2022 101-43110-421990 08/06/2022 Home Depot - chalk reel; 8 oz. orange chalk 11.94 08/15/2022 101-43125-421990 08/06/2022 Grainger - hour meter replacement for liftstation 19.11 08/15/2022 602-49490-421990 08/06/2022 Grainger - universal power supply for IMG Wat( 962.66 08/15/2022 601-49440-421990 08/06/2022 Cub - resale - lemons/limes 47.59 08/15/2022 609-49750-425500 08/06/2022 IntegriPrint - 32 x 20 vinyl window decal 87.27 08/15/2022 226-45122-421990 08/06/2022 Brunt Workwear - boots 2022 M.S. 1/2 Water 72.50 08/15/2022 601-49440-421990 08/06/2022 Brunt Workwear - boots 2022 M.S. 1/2 Sewer 72.50 08/15/2022 602-49490-421990 08/06/2022 Amazon - Bulk Lifesavers 29.99 08/15/2022 101-41310-421990 08/06/2022 Amazon - Foam Mounting Boards (25 pk) 157.02 08/15/2022 101-41310-421990 08/06/2022 Amazon - Supplies for Employee Picnic Games 58.41 08/15/2022 101-41800-443990 08/06/2022 Amazon - AA Batteries (16 pk) 9V Batteries (12 39.38 08/15/2022 101-41310-421990 08/06/2022 Amazon - Safety Hard Hats (5), First Aid Kits (4 192.65 08/15/2022 101-42400-421990 08/06/2022 Cintas - Inv #4125221383,4126565474, 118.22 08/15/2022 653-41990-431990 08/06/2022 Cintas - Inv #4123857146, 4125221427, 412588 271.11 08/15/2022 226-45126-431990 08/06/2022 Holiday = Car Wash 10.72 08/15/2022 701-00000-421990 08/06/2022 Innovative - Paper, Wastebasket, Recycling Bin 126.49 08/15/2022 101-41310-421990 08/06/2022 Innovative - Clasp Envelopes (1 box) 36.04 08/15/2022 101-41310-421990 08/06/2022 Main Gate Bar & Grill - Reimbursement for Met 25.00 08/15/2022 101-00000-115030 08/06/2022 MN GFOA - 2022 Conference Registration (SR) 230.00 08/15/2022 101-41520-433100 08/06/2022 Monti Napa - Wiper Blades 30.62 08/15/2022 701-00000-421990 08/06/2022 Microsoft - July 2022 Online Services, 3,171.54 08/15/2022 702-00000-431900 08/06/2022 Auto Value - push/pull 75 AMP 10.99 08/15/2022 101-43127-422120 08/06/2022 Amazon - Epson Color Desktop Scanner 309.99 08/15/2022 653-41990-421990 08/06/2022 Amazon - Cocoa, Tea, Coffee Creamer 61.97 08/15/2022 101-41310-421990 08/06/2022 Amazon - Coffee 93.27 08/15/2022 101-41310-421990 08/06/2022 Amazon - 1" 3 Ring Binders (12 pk) 32.87 08/15/2022 101-41310-421990 08/06/2022 Bolton & Menk - Salt Symposium Traning (ML) 200.00 08/15/2022 101-43115-433100 08/06/2022 BrilliantPromos.com - Return Swan Stress Balls -606.36 08/15/2022 101-41310-444100 AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 08/06/2022 FaceBook - Advertising: Music on Mississippi & 221.36 08/15/2022 226-45127-434990 08/06/2022 Gold Medallion Awards - Annual Awards (6) 340.20 08/15/2022 101-41800-443990 08/06/2022 Innovative - Binders 30.21 08/15/2022 101-41310-421990 08/06/2022 General Rental - Stanchion Rental for Elections 562.50 08/15/2022 101-41410-421990 08/06/2022 Walmart - Beverages for Election Precincts 80.16 08/15/2022 101-41410-421990 08/06/2022 Walmart - Supplies for Election Precincts 88.36 08/15/2022 101-41410-421990 Check Total: 132,431.60 Vendor: 2438 VANCO SERVICES LLC Check Sequence: 11 ACH Enabled: True 00012737080 Vanco Gateway Exchange - July 2022 (1/2) 55.88 08/15/2022 601-49440-443980 00012737080 Vanco Gateway Exchange - July 2022 (1/2) 55.88 08/15/2022 602-49490-443980 Check Total: 111.76 Vendor: 2405 WELLS FARGO - Monthly Charges/Retums Check Sequence: 12 ACH Enabled: True Aug 2022 Liq Store CC Fees (WF -0990) 10,369.07 08/15/2022 609-49754-443980 Aug 2022 WF account interest earnings -637.15 08/15/2022 101-00000-362110 Aug 2022 UB CC Fees (AmEx -8910) 66.70 08/15/2022 601-49440-443980 Aug 2022 CH CC Fees (WF -0999) 178.59 08/15/2022 101-41520-443980 Aug 2022 MCC CC Fees (iAccess FM -1476) 104.87 08/15/2022 226-45127-431992 Aug 2022 UB CC Fees (AmEx -8910) 66.69 08/15/2022 602-49490-443980 Aug 2022 WF account bank charges 1,392.52 08/15/2022 101-41520-443980 Aug 2022 MCC CC Fees (Daxco- 2887) 1,240.64 08/15/2022 226-45122-443980 Aug 2022 UB CC Fees (Bluefin - 7022) 1,431.35 08/15/2022 601-49440-443980 Aug 2022 UB CC Fees (Bluefin - 7022) 1,431.34 08/15/2022 602-49490-443980 Aug 2022 MCC CC Fees Clover App - Fmr. Mkt) 21.42 08/15/2022 226-45127-431992 Aug 2022 Global Payments - CivicRec 115.93 08/15/2022 101-45201-443980 Check Total: 15,781.97 Vendor: 1565 WELLS FARGO CORP TRUST SERVICE Check Sequence: 13 ACH Enabled: True 8/3/2022 Addt'l Investment to RBC 245,000.00 08/15/2022 955-00000-104010 Check Total: 245,000.00 Total for Check Run: Total of Number of Checks: �14U.�4S.1 � 1991 The preceding list of bills payable was reviewed and approved for payment. Date: 8/22/2022 Approved by Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (08/16/2022 - 3:48 PM) Page 1 I Accounts Payable Computer Check Proof List by Vendor User: Debbie.Davidson Printed: 08/17/2022 - 11:00AM Batch: 00203.08.2022 - 203.08.2022 AP Invoice No Description Moiiii6effo Y Amount Payment Date Acct Number Reference Vendor: 5660 ABSOLUTE PRINT GRAPHICS Check Sequence: 1 ACH Enabled: False 59826 UB August Invoices (3708) Print, Fold, Stuff, Er 663.03 08/23/2022 601-49440-431800 59826 UB August Invoices (3708) Print, Fold, Stuff, Er 663.03 08/23/2022 602-49490-431800 59826 July Announcements PAR (3 708) 499.62 08/23/2022 226-45122-434990 59826 July City Announcements (3708) 499.62 08/23/2022 101-41310-443990 Check Total: 2,325.30 Vendor: 1018 ALLIED BLACKTOP COMPANY Check Sequence: 2 ACH Enabled: False 8570 (150.10) gal. road oil @ $5.15 773.02 08/23/2022 101-43120-422400 Check Total: 773.02 Vendor: 5750 ALICIA MAI AMUNDSON Check Sequence: 3 ACH Enabled: False 8/12/22 Farmers Market Token Collection Log - 8/4/22 35.00 08/23/2022 226-45127-431992 Check Total: 35.00 Vendor: 1030 ANCOM TECHNICAL CENTER INC Check Sequence: 4 ACH Enabled: False 109570 Engine 11 - repair to radio 312.50 08/23/2022 101-42200-440440 Check Total: 312.50 Vendor: 3491 ARTISAN BEER COMPANY Check Sequence: 5 ACH Enabled: False 3551407 resale- beer 462.60 08/23/2022 609-49750-425200 Check Total: 462.60 Vendor: 4502 ARVIG Check Sequence: 6 ACH Enabled: True 0002697713-003 Managed IT Services - Aug 2022 1,218.60 08/23/2022 702-00000-431990 328006 FNM Expenses July 2022 - Graybar; Gigaspire I 7,588.98 08/23/2022 656-49877-422990 Check Total: 8,807.58 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 2886 AUSCO DESIGN AND MARKETING Check Sequence: 7 ACH Enabled: False 6976 (25) Safety T-shirt chest logo 200.00 08/23/2022 101-45201-421990 Check Total: 200.00 Vendor: 4128 BANNERS.COM Check Sequence: 8 ACH Enabled: False 80722-1235 (2) 3.50'x 3.5' full color banners 84.69 08/23/2022 609-49754-421990 Check Total: 84.69 Vendor: 1062 BEAUDRY OIL COMPANY Check Sequence: 9 ACH Enabled: True 2087923 (601.40) gal. unleaded @ $3.995 2,402.59 08/23/2022 101-43120-421200 2087985 (451.70) gal. diesel@ $4.951 2,236.36 08/23/2022 101-43120-421200 2107203 (467.90) gal. diesel@ $4.14 1,938.98 08/23/2022 101-43120-421200 2107204 (52 1) gal. unleaded @ $3.11 1,618.75 08/23/2022 101-43120-421200 Check Total: 8,196.68 Vendor: 1065 BELLBOY CORPORATION Check Sequence: 10 ACH Enabled: True 105580000 resale - condiments 52.25 08/23/2022 609-49750-425500 105580000 resale - mix 103.05 08/23/2022 609-49750-425500 105580000 asst. bags 162.95 08/23/2022 609-49754-421990 105580000 freight 1.46 08/23/2022 609-49750-433300 94573400 resale - liquor credit inv. #94521100 -256.90 08/23/2022 609-49750-425100 94573400 freight credit inv. #94521100 -1.65 08/23/2022 609-49750-433300 94997300 credit resale- liquor credit- inv. internally voided -2,677.75 08/23/2022 609-49750-425100 94997300 credit freight- credit- inv. internally voided -34.65 08/23/2022 609-49750-433300 95995400 freight- credit inv. #95857800 -1.65 08/23/2022 609-49750-433300 95995400 resale - liquor credit inv. #95857800 -108.00 08/23/2022 609-49750-425100 96046600 freight 106.01 08/23/2022 609-49750-433300 96046600 resale- liquor 10,664.25 08/23/2022 609-49750-425100 96046600 resale- wine 180.00 08/23/2022 609-49750-425300 Check Total: 8,189.37 Vendor: 1067 BERNICK'S Check Sequence: 11 ACH Enabled: False 13113 resale - beer 40.00 08/23/2022 609-49750-425200 362643 resale - soda pop 75.27 08/23/2022 609-49750-425400 362644 resale - beer 2,064.15 08/23/2022 609-49750-425200 363746 resale -beer 193.60 08/23/2022 609-49750-425200 365309 resale -soda pop 112.27 08/23/2022 609-49750-425400 365310 resale -beer n/a 78.45 08/23/2022 609-49750-425400 365310 resale -beer 3,490.00 08/23/2022 609-49750-425200 365311 resale -soda pop 171.77 08/23/2022 226-45125-425410 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: Vendor: 4846 BIG LAKE REFRIGERATION, A/C & HEATD 3085 Labor - Ice Machine Repair 3085 Parts - Control Board, Water Probe, Freon Check Total: Vendor: 4646 CAPITOL BEVERAGE SALES L.P. 2721566 resale - liquor 6,225.51 Check Sequence: 12 ACH Enabled: False 275.00 08/23/2022 701-00000-440100 1,214.00 08/23/2022 701-00000-440100 1,489.00 Check Total: Vendor: 1074 BOLTON AND MENK INC 0291382 202211 - Industrial Land Use/CET Grant 0291383 202211 - Strategic Transition Plan/CET Grant 0293993 22C005 - Downtown Roadway & Pedestrian 08/23/2022 Check Total: Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPIF 345173707 resale- liquor 345173707 freight 345259370 resale- liquor 345259370 resale- wine 345259370 freight 409970551 freight credit inv. 345078763 409970551 resale- liquor credit inv. 345078763 9.90 Check Total: Vendor: 1091 CAMPBELL KNUTSON PA 2348-000OG 240 General Admin - July 2022 2348-000OG 240 PW Engineering - July 2022 2348-000OG 240 TIF 1-45 - July 2022 2348-000OG 240 202210 - Block 52 PUD - July 2022 2348-000OG 240 202222 - Haven Ridge 2nd Addition - July 2022 2348-000OG 240 21D006 - Stony Brook Village - July 2022 2348-0001 G 153 Building Code Enforcement - July 2022 2348-0155G 42 16C006 - Bluffs in Monticello Assessment Appe 2348-0175G 3 202222 - Haven Ridge 2nd Addition Plat - July 2 2348-0188G 2 202210 - Block 52 First Addition - July 2022 2348-0189G 2 16C006 - Bluffs in Monticello COA - July 2022 Check Total: Vendor: 4646 CAPITOL BEVERAGE SALES L.P. 2721566 resale - liquor 6,225.51 Check Sequence: 12 ACH Enabled: False 275.00 08/23/2022 701-00000-440100 1,214.00 08/23/2022 701-00000-440100 1,489.00 3,332.67 Check Sequence: 16 ACH Enabled: True 81.00 08/23/2022 609-49750-425100 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 3 Check Sequence: 13 ACH Enabled: True 5,469.00 08/23/2022 213-46301-431993 14,082.00 08/23/2022 101-41910-430300 4,421.50 08/23/2022 400-43300-459025 23,972.50 Check Sequence: 14 ACH Enabled: False 870.45 08/23/2022 609-49750-425100 9.90 08/23/2022 609-49750-433300 4,081.56 08/23/2022 609-49750-425100 776.00 08/23/2022 609-49750-425300 54.62 08/23/2022 609-49750-433300 -3.30 08/23/2022 609-49750-433300 -322.20 08/23/2022 609-49750-425100 5,467.03 Check Sequence: 15 ACH Enabled: True 1,134.50 08/23/2022 101-41610-430400 160.00 08/23/2022 101-43115-431990 144.00 08/23/2022 213-00000-220110 304.00 08/23/2022 101-00000-220110 48.00 08/23/2022 101-00000-220110 112.00 08/23/2022 101-00000-220110 106.57 08/23/2022 101-42400-430400 832.00 08/23/2022 400-43300-430400 36.60 08/23/2022 101-00000-220110 255.00 08/23/2022 101-00000-220110 200.00 08/23/2022 400-43300-430400 3,332.67 Check Sequence: 16 ACH Enabled: True 81.00 08/23/2022 609-49750-425100 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 2721566 resale - wine 104.00 08/23/2022 609-49750-425300 2721566 resale - mix 305.10 08/23/2022 609-49750-425400 2721566 resale - beer 22,071.04 08/23/2022 609-49750-425200 Check Total: 22,561.14 Vendor: 1106 CENTRAL MCGOWAN INC Check Sequence: 17 ACH Enabled: True 8833 (2) deposit cylinder mntc. fee 84.00 08/23/2022 101-43127-421990 Check Total: 84.00 Vendor: 6038 COLORFUL CONCEPTS PAINTING & CUSTI Check Sequence: 18 ACH Enabled: False 4575 Painting @ Fire Station 2,500.00 08/23/2022 701-00000-440100 Check Total: 2,500.00 Vendor: 6032 CROSS CUT PROPERTY Check Sequence: 19 ACH Enabled: False 1257 Riverside Cemetery - May 2022 - lawn care 4,000.00 08/23/2022 215-49010-431050 1258 Hillside Cemetery - May 2022 - lawn care 710.00 08/23/2022 101-45201-431050 1259 Hillside Cemetery - June 2022 - lawn care 810.00 08/23/2022 101-45201-431050 1260 Riverside Cemetery - June 2022 - lawn care 3,450.00 08/23/2022 215-49010-431050 1261 Riverside Cemetery - July 2022 - lawn care 2,300.00 08/23/2022 215-49010-431050 1262 Hillside Cemetery - July 2022 - lawn care 450.00 08/23/2022 101-45201-431050 1263 Mowing, Trimming, Weed Spray @ Facilities 262.50 08/23/2022 701-00000-431990 1263 Blight Mowings (3) - July 2022 300.00 08/23/2022 101-42400-431050 Check Total: 12,282.50 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 20 ACH Enabled: True 1627951 resale- beer credit -170.53 08/23/2022 609-49750-425200 1629385 resale- beer n/a 50.70 08/23/2022 609-49750-425400 1629980 resale- beer n/a 101.10 08/23/2022 609-49750-425400 1629980 resale- beer 4,618.16 08/23/2022 609-49750-425200 1630875 resale- beer 34,749.52 08/23/2022 609-49750-425200 1633600 resale- beer 4,065.09 08/23/2022 609-49750-425200 1633600 resale- beer n/a 272.10 08/23/2022 609-49750-425400 Check Total: 43,686.14 Vendor: 4475 DAKOTA SUPPLY GROUP Check Sequence: 21 ACH Enabled: True 5102017044.001 (3) 16T 16" valve box top 143.94 08/23/2022 601-49440-422990 Check Total: 143.94 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 5201 DICK FAMILY, INC. Check Sequence: 22 ACH Enabled: True 1492902 resale- beer 1,491.35 08/23/2022 609-49750-425200 1492902 resale- beer n/a 26.00 08/23/2022 609-49750-425400 1492934 resale- beer credit -27.50 08/23/2022 609-49750-425200 1496188 resale- beer 635.35 08/23/2022 609-49750-425200 Check Total: 2,125.20 Vendor: 5271 RONALD DROPIK Check Sequence: 23 ACH Enabled: False 8/12/22 Farmers Market performance - 9/8/22 200.00 08/23/2022 226-45127-431990 Check Total: 200.00 Vendor: 5306 ANDREW DUSZYNSKI Check Sequence: 24 ACH Enabled: False 8/12/22 Farmers Market performance - 9/1/22 200.00 08/23/2022 226-45127-431990 Check Total: 200.00 Vendor: 4191 ELK RIVER GREENHOUSE LLC Check Sequence: 25 ACH Enabled: True 8/12/22 Farmers Market Token Collection Log - 8/4 & 11 457.00 08/23/2022 226-45127-431992 Check Total: 457.00 Vendor: 2561 FERGUSON WATERWORKS Check Sequence: 26 ACH Enabled: False WL005642 (20) LF 5/8 x 3/4 T10 meter 3,410.79 08/23/2022 601-49440-422701 Check Total: 3,410.79 Vendor: 2273 FIBERNET MONTICELLO - ACH Check Sequence: 27 ACH Enabled: True 8/8/2022 August 2022 - Phone - City Hall 712.99 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - MCC 556.09 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Ballfields 20.10 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - DMV 289.69 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Hi Way Liquor 333.50 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Fire Hall 405.32 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Public Works 1,284.73 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Parks 115.74 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Phone - Prairie Center 13.22 08/23/2022 702-00000-432100 8/8/2022 August 2022 - Internet - City Hall 248.90 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Internet - MCC 10.00 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Internet - DMV 89.90 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Internet - Hi Way Liquor 45.95 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Internet - Fire Hall 170.90 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Internet - Animal Shelter 33.95 08/23/2022 702-00000-432300 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 8/8/2022 August 2022 - Internet - Public Works 53.95 08/23/2022 702-00000-432300 8/8/2022 August 2022 - Cable - Fire Hall 116.85 08/23/2022 101-42200-431990 8/8/2022 August 2022 - Cable - MCC 194.85 08/23/2022 226-45127-432500 8/8/2022 August 2022 - Data Hosting 500.00 08/23/2022 702-00000-431900 8/8/2022 August 2022 - Service Contract 250.00 08/23/2022 702-00000-431900 8/8/2022 August 2022 - Phone & Internet - Monti Arts 96.92 08/23/2022 101-45204-431990 Check Total: 5,543.55 Vendor: 1179 FIRE SAFETY USA INC Check Sequence: 28 ACH Enabled: False 162029 Engine 12 repairs to a/c; valve; etc 620.00 08/23/2022 101-42200-440500 Check Total: 620.00 Vendor: 4051 MICHELE FORSMAN Check Sequence: 29 ACH Enabled: False 201 Reimbursement - Summer/Fall Program Supplies 43.91 08/23/2022 101-00000-220150 Check Total: 43.91 Vendor: 3762 GARRETTS DIAMOND CITY BREAD Check Sequence: 30 ACH Enabled: True 08/12/2022 Farmers Market Token Collection Log - 8/4 & 11 37.00 08/23/2022 226-45127-431992 Check Total: 37.00 Vendor: 5915 GOLIATH HYDRO -VAC Check Sequence: 31 ACH Enabled: False PermitRef81022 Water Use Permit - deposit $2000 - $42.95 used 2,000.00 08/23/2022 601-00000-220111 PermitRef81022 Water Use Permit - deposit $2000 - $42.95 used -40.00 08/23/2022 601-49440-371120 PermitRef81022 Water Use Permit - deposit $2000 - $42.95 used -2.95 08/23/2022 601-00000-208100 Check Total: 1,957.05 Vendor: 4743 GRAND CASTLE Check Sequence: 32 ACH Enabled: False 8/3/2022 Escrow Refund - 5943 Deer Street/2018-00436 2,000.00 08/23/2022 101-00000-220110 8/3/2022 Escrow Refund - 5953 Deer Street/2018-00567 2,000.00 08/23/2022 101-00000-220110 Check Total: 4,000.00 Vendor: 5840 HAKANSON ANDERSON ASSOCIATES INC Check Sequence: 33 ACH Enabled: False 49038 22C001 - 2022 Street Improvement Project - Jul, 28,862.27 08/23/2022 400-43300-459023 Check Total: 28,862.27 Vendor: 1223 HAWKINS INC Check Sequence: 34 ACH Enabled: True 6253023 Aluminum Sulfate Liquid - WWTP 6,996.77 08/23/2022 602-49480-421990 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 7 Check Total: 6,996.77 Vendor: 6023 BENJAMIN HUGUS Check Sequence: 35 ACH Enabled: False E-2398 dba - Ursa Brewing resale - beer n/a 58.00 08/23/2022 609-49750-425400 E-2398 dba - Ursa Brewing resale - beer 648.92 08/23/2022 609-49750-425200 Check Total: 706.92 Vendor: 6037 IBIS LLC Check Sequence: 36 ACH Enabled: False 8/3/2022 Escrow Refund - 5794 & 5788 Spirit Hills Rd 4,000.00 08/23/2022 101-00000-220110 Check Total: 4,000.00 Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. Check Sequence: 37 ACH Enabled: False 2107368 resale- liquor 3,073.26 08/23/2022 609-49750-425100 2107368 freight 37.30 08/23/2022 609-49750-433300 2107369 freight 36.29 08/23/2022 609-49750-433300 2107369 resale- wine 1,089.25 08/23/2022 609-49750-425300 2110370 freight 33.00 08/23/2022 609-49750-433300 2110370 resale- liquor 1,770.00 08/23/2022 609-49750-425100 2110840 freight 46.77 08/23/2022 609-49750-433300 2110840 resale- liquor 3,503.85 08/23/2022 609-49750-425100 2110841 resale- wine 2,494.50 08/23/2022 609-49750-425300 2110841 resale- wine n/a 44.00 08/23/2022 609-49750-425400 2110841 freight 63.57 08/23/2022 609-49750-433300 2111944 freight 54.44 08/23/2022 609-49750-433300 2111944 resale- liquor 4,315.01 08/23/2022 609-49750-425100 2111945 resale- wine 740.33 08/23/2022 609-49750-425300 2111945 freight 21.46 08/23/2022 609-49750-433300 2114245 resale- liquor 1,286.30 08/23/2022 609-49750-425100 2114245 freight 27.24 08/23/2022 609-49750-433300 2114246 freight 3.30 08/23/2022 609-49750-433300 2114246 resale- wine 92.00 08/23/2022 609-49750-425300 214476 resale- wine credit inv. 9 2066741 -73.40 08/23/2022 609-49750-425300 215034 resale- liquor credit inv. # 2095496 -6.92 08/23/2022 609-49750-425100 215035 resale- liquor credit inv. # 2101160 -12.00 08/23/2022 609-49750-425100 215215 resale- wine credit inv. # 2106672 -270.00 08/23/2022 609-49750-425300 Check Total: 18,369.55 Vendor: 6039 JAMES & MARIE JONES Check Sequence: 38 ACH Enabled: False 8/10/2022 Purchase Permanent Ditch 33 Easement 18,000.00 08/23/2022 652-00000-161010 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 8 Check Total: 18,000.00 Vendor: 1273 KIWI KAI IMPORTS, INC. Check Sequence: 39 ACH Enabled: True 173738 resale- wine 316.00 08/23/2022 609-49750-425300 173738 freight 7.50 08/23/2022 609-49750-433300 Check Total: 323.50 Vendor: 5389 KNIFE RIVER Check Sequence: 40 ACH Enabled: False PermitRef72822 refund Water Use Permit - deposit $2000 - $76.7 2,000.00 08/23/2022 601-00000-220111 PermitRef72822 refund Water Use Permit - deposit $2000 - $76.7 -71.45 08/23/2022 601-49440-371120 PermitRef72822 refund Water Use Permit - deposit $2000 - $76.7 -5.27 08/23/2022 601-00000-208100 Check Total: 1,923.28 Vendor: 5389 KNIFE RIVER Check Sequence: 41 ACH Enabled: False Pay Voucher #2 22C001 - 2022 Stree Improvements - Pay Vouch 631,033.18 08/23/2022 400-43300-459023 Check Total: 631,033.18 Vendor: 5285 LAWSON PRODUCTS, INC. Check Sequence: 42 ACH Enabled: False 9309783106 (3) drill bit; (25) AWG; (30) splice conn; (50) Ty 456.28 08/23/2022 101-43127-421990 Check Total: 456.28 Vendor: 1902 VICKI LEERHOFF Check Sequence: 43 ACH Enabled: True 8/10/2022 Reimbursement - Coffee for Elections 19.17 08/23/2022 101-41410-433100 8/15/2022 Mileage Reimbursement 24.68 08/23/2022 101-41910-433100 8/15/2022 Mileage Reimbursement - Elections 24.68 08/23/2022 101-41410-433100 Check Total: 68.53 Vendor: 3933 CHARLES LONG Check Sequence: 44 ACH Enabled: False 8/12/22 Framers Market Token Collection Log - 8/4 & 11 277.00 08/23/2022 226-45127-431992 Check Total: 277.00 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 45 ACH Enabled: True 346395 resale - cigarettes 2,057.71 08/23/2022 609-49750-425500 346395 resale - cigars; tobacco; barware; pop; etc 442.28 08/23/2022 609-49750-425400 Check Total: 2,499.99 Vendor: 1726 MARCO TECHNOLOGIES Check Sequence: 46 ACH Enabled: True AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 478791866 7/24/22 - 8/24/22 - Contract Payment 1,402.27 08/23/2022 702-00000-431990 Check Total: 1,402.27 Vendor: 5736 MAVERICK WINE LLC Check Sequence: 47 ACH Enabled: True 821212 resael-liquor 456.00 08/23/2022 609-49750-425100 821212 freight 5.00 08/23/2022 609-49750-433300 Check Total: 461.00 Vendor: 1314 MCDOWALL COMPANY Check Sequence: 48 ACH Enabled: False 638829 C0520 - Check Pool Condensing Unit Cooling C 501.50 08/23/2022 701-00000-440100 Check Total: 501.50 Vendor: 3833 CLAUDIA MENZEL Check Sequence: 49 ACH Enabled: False Plants2022 reimburse flowering plants for East Bridge park 164.25 08/23/2022 101-45201-422500 Check Total: 164.25 Vendor: 1827 MIDWEST LANDSCAPES Check Sequence: 50 ACH Enabled: False 5262 (2) 6' Black Hills Spruce 470.00 08/23/2022 101-46102-422500 Check Total: 470.00 Vendor: 5578 MINNESOTA CONCRETE LIFTING LLC Check Sequence: 51 ACH Enabled: False 08/04/2022 raise 21 city sidewalk sections 1,875.00 08/23/2022 101-43120-440990 8/9/2022 raise 12 sections of sidewalk 875.00 08/23/2022 101-43120-440990 Check Total: 2,750.00 Vendor: 4216 MINNESOTA EQUIPMENT Check Sequence: 52 ACH Enabled: False P79731 (2) switch 46.14 08/23/2022 101-43120-422100 Check Total: 46.14 Vendor: 1355 MMBA - MN MUNICIPAL BEVERAGE ASSO Check Sequence: 53 ACH Enabled: False 2022-23 Mbrship annual dues July 2022 - July 2023 5,700.00 08/23/2022 609-49754-443300 Check Total: 5,700.00 Vendor: 1377 MONTICELLO SENIOR CENTER Check Sequence: 54 ACH Enabled: True Aug 2022 Monthly Allocation - August 2022 5,416.67 08/23/2022 101-45175-444310 Check Total: 5,416.67 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 6009 MEAH SHARAE MORRIS Check Sequence: 55 ACH Enabled: False 8/12/2022 Farmers Market Token Collection Log - 8/4/22 20.00 08/23/2022 226-45127-431992 Check Total: 20.00 Vendor: 1390 MTI DISTRIBUTING INC Check Sequence: 56 ACH Enabled: True 1356511-01 guide hose 140.34 08/23/2022 101-45201-422990 1356511-02 (4) wheel asm. 426.15 08/23/2022 101-45201-422990 Check Total: 566.49 Vendor: 6036 JOSHUA MYLES Check Sequence: 57 ACH Enabled: False 8/12/22 Father Daughter Dance entertainment- 8/16/22 200.00 08/23/2022 226-45127-431990 Check Total: 200.00 Vendor: 1687 NORTHLAND SECURITIES INC Check Sequence: 58 ACH Enabled: False 7238 TIF 1-45 - Block 52 - July 2022 752.50 08/23/2022 213-00000-220110 7239 TIF 1-46 - Wiha Tools - July 2022 2,580.00 08/23/2022 213-00000-220110 Check Total: 3,332.50 Vendor: 1401 NORTHWEST ASSOCIATED CONSULTANTS Check Sequence: 59 ACH Enabled: True 25935 Technical Assistance - City Projects - July 2022 5,089.25 08/23/2022 101-41910-431990 25936 G Cubed Multi Family PUD - July 2022 191.00 08/23/2022 101-41910-431990 25936 202210 - Deephaven Block 52 Prelim Plat/PUD 2,005.50 08/23/2022 101-00000-220110 25936 202222 - Haven Ridge Replat/PUD - July 2022 725.80 08/23/2022 101-00000-220110 25936 202229 - Camping World PUD - July 2022 1,748.10 08/23/2022 101-00000-220110 25936 202228 - Sunny Days PUD Amendment - July 21 1,194.10 08/23/2022 101-00000-220110 25937 Technical Assistance - Meetings - July 2022 300.00 08/23/2022 101-41910-431990 Check Total: 11,253.75 Vendor: 4472 NOVAK FLECK INC Check Sequence: 60 ACH Enabled: False 8/3/2022 22D002 - Security Reduction Featherstone 6th T 307,566.69 08/23/2022 101-00000-220110 Check Total: 307,566.69 Vendor: 4472 NOVAK FLECK INC Check Sequence: 61 ACH Enabled: False 8/3/2022 22D001 - Security Reduction Featherstone 6th 318,384.34 08/23/2022 101-00000-220110 Check Total: 318,384.34 Vendor: 5426 NOVEL SOLAR TWO LLC Check Sequence: 62 ACH Enabled: True 5403 Solar Rebate Program - Xcel 48,824.41 08/23/2022 101-41310-443992 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 11 Check Total: 48,824.41 Vendor: 5211 RANDI O'KEEFE KRIER Check Sequence: 63 ACH Enabled: True Aug 2nd Semi Monthly Contract Payment 1,622.25 08/23/2022 101-42700-431200 Check Total: 1,622.25 Vendor: 6020 OLSEN CHAIN & CABLE CO, INC. Check Sequence: 64 ACH Enabled: False 689262 3/8 " OKE -10-10 166.65 08/23/2022 101-43120-422100 Check Total: 166.65 Vendor: 1412 OMANN BROTHERS INC Check Sequence: 65 ACH Enabled: False 16252 (97.45) SPNWB230B 7,670.29 08/23/2022 101-43120-422400 Check Total: 7,670.29 Vendor: 4633 PERFORMANCE FOOD GROUP INC Check Sequence: 66 ACH Enabled: True 264920 resale - food for concession 612.41 08/23/2022 226-45125-425410 Check Total: 612.41 Vendor: 1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 67 ACH Enabled: False 6439591 resale- liquor 850.55 08/23/2022 609-49750-425100 6439591 freight 14.30 08/23/2022 609-49750-433300 6439592 freight 16.09 08/23/2022 609-49750-433300 6439592 resale- mix 34.00 08/23/2022 609-49750-425400 6439592 resale -liquor 99.25 08/23/2022 609-49750-425100 6439592 resale -liquor 629.09 08/23/2022 609-49750-425100 6442357 freight 16.49 08/23/2022 609-49750-433300 6442357 resale- liquor 1,047.50 08/23/2022 609-49750-425100 6442358 resale- wine 917.25 08/23/2022 609-49750-425300 6442358 freight 26.40 08/23/2022 609-49750-433300 6443243 freight 21.70 08/23/2022 609-49750-433300 6443243 resale - liquor 1,835.30 08/23/2022 609-49750-425100 6443244 resale - liquor 90.00 08/23/2022 609-49750-425100 6443244 resale - wine 1,096.00 08/23/2022 609-49750-425300 6443244 freight 33.00 08/23/2022 609-49750-433300 Check Total: 6,726.92 Vendor: 4564 POLE PAINTING PLUS Check Sequence: 68 ACH Enabled: False 1394 refinish ped pole 500.00 08/23/2022 101-43160-440990 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference 1395 refinish lightpole byApplebees 500.00 08/23/2022 101-43160-440990 Check Total: 1,000.00 Vendor: 5431 QUADIENT FINANCE USA INC Check Sequence: 69 ACH Enabled: False 8/3/2022 Postage DMV: Titles, Registrations etc. (11) 183.56 08/23/2022 653-41990-432200 Check Total: 183.56 Vendor: 1455 RED'S MARATHON Check Sequence: 70 ACH Enabled: False 7/27/22 #172 small engine fuel 15.15 08/23/2022 101-43120-421200 Check Total: 15.15 Vendor: 1874 RES SPECIALTY PYROTECHNICS Check Sequence: 71 ACH Enabled: False 25246 Riverfest Fireworks display 7/15/22 10,000.00 08/23/2022 609-49754-443990 Check Total: 10,000.00 Vendor: 6040 ROOF CO NA INC Check Sequence: 72 ACH Enabled: False 22MN-22062-1 Library Roof Improvements 67,210.00 08/23/2022 400-43300-453010 Check Total: 67,210.00 Vendor: 1470 RUSSELL SECURITY RESOURCE INC Check Sequence: 73 ACH Enabled: True A43025 Replace Aluminum Threshold @ 3698 School B 349.50 08/23/2022 701-00000-440100 Check Total: 349.50 Vendor: 3751 CHRISTINE SCHYMA Check Sequence: 74 ACH Enabled: False 8/12/22 Farmers Market Token Collection Log - 8/4/22 314.00 08/23/2022 226-45127-431992 Check Total: 314.00 Vendor: 4148 SHERWIN WILLIAMS CO. #3442 Check Sequence: 75 ACH Enabled: False 1263-8 (2) gal It. blue paint; primer 171.55 08/23/2022 701-00000-421990 Check Total: 171.55 Vendor: 5996 CHRISSY SIERRA Check Sequence: 76 ACH Enabled: False 08/12/2022 Farmers Market Token Collection Log - 8/11/22 19.00 08/23/2022 226-45127-431992 Check Total: 19.00 Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS, Check Sequence: 77 ACH Enabled: False AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference 2242490 resale - liquor 2,259.98 08/23/2022 609-49750-425100 2242490 freight 25.20 08/23/2022 609-49750-433300 2242491 freight 16.80 08/23/2022 609-49750-433300 2242491 resale- wine 743.21 08/23/2022 609-49750-425300 2245217 resale- liquor 2,381.51 08/23/2022 609-49750-425100 2245217 freight 28.46 08/23/2022 609-49750-433300 2245218 freight 24.15 08/23/2022 609-49750-433300 2245218 resale- wine 1,133.48 08/23/2022 609-49750-425300 2245218 resale -liquor 62.75 08/23/2022 609-49750-425100 Check Total: 6,675.54 Vendor: 4513 AARON STAEHNKE Check Sequence: 78 ACH Enabled: True 8/12/2022 Farmers Market Token Collection Log - 8/11/22 43.00 08/23/2022 226-45127-431992 Check Total: 43.00 Vendor: 1518 TDS TELECOM Check Sequence: 79 ACH Enabled: True 763-271-3257 TDS 101.59 08/23/2022 702-00000-432100 763-295-0078 TDS - Fire 230.18 08/23/2022 702-00000-432100 763-295-0338 TDS 66.86 08/23/2022 702-00000-432100 763-295-2005 TDS 20.20 08/23/2022 702-00000-432100 763-295-3714 TDS- Reservoir 343.78 08/23/2022 702-00000-432100 Check Total: 762.61 Vendor: 6022 YIATHAO Check Sequence: 80 ACH Enabled: False 8/12/22 Farmers Market Token Collection Log - 8/4 & 11 130.00 08/23/2022 226-45127-431992 Check Total: 130.00 Vendor: 6034 MATTHEW TIBBETTS Check Sequence: 81 ACH Enabled: True boots2022 reimbursement boots 2022 64.99 08/23/2022 101-45201-421990 Check Total: 64.99 Vendor: 2397 TOWMASTER Check Sequence: 82 ACH Enabled: False 450673 trailer - tongue beam; hitch plate; pintle coupler; 2,400.00 08/23/2022 101-43120-440500 Check Total: 2,400.00 Vendor: 4656 TRUE FABRICATIONS, INC. Check Sequence: 83 ACH Enabled: False 1092426 resale- - barware 672.00 08/23/2022 609-49750-425400 1092426 resale- cherries 107.76 08/23/2022 609-49750-425500 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 14 Check Total: 779.76 Vendor: 3783 ULINE Check Sequence: 84 ACH Enabled: False 152377982 cs. paper towels; pk. gloves; plastic sign; (4) pk 1 271.95 08/23/2022 609-49754-421990 Check Total: 271.95 Vendor: 1544 US POSTAL SERVICE Check Sequence: 85 ACH Enabled: False 8/5/2022 PI 42 - UB August Billing (3 708 pcs) (1/2) 914.02 08/23/2022 601-49440-432200 8/5/2022 PI 42 - UB August Billing (3708 pcs) (1/2) 914.02 08/23/2022 602-49490-432200 Check Total: 1,828.04 Vendor: 4774 SALLY VAN BROCKLIN Check Sequence: 86 ACH Enabled: False 8/12/22 Farmers Market performance 8/25/22 200.00 08/23/2022 226-45127-431990 Check Total: 200.00 Vendor: 5825 JILL VETSCH Check Sequence: 87 ACH Enabled: False 8/12/22 full room drape for wedding- Soun 400.00 08/23/2022 226-45123-431990 Check Total: 400.00 Vendor: 1552 VIKING COCA COLA BOTTLING CO Check Sequence: 88 ACH Enabled: True 2976451 resale- soda pop 1,052.20 08/23/2022 609-49750-425400 Check Total: 1,052.20 Vendor: 1684 VINOCOPIA Check Sequence: 89 ACH Enabled: True 309876 resale - wine 208.00 08/23/2022 609-49750-425300 309876 freight 5.00 08/23/2022 609-49750-433300 309960 freight 4.50 08/23/2022 609-49750-433300 309960 resale- wine 360.00 08/23/2022 609-49750-425300 310342 resale- wine 228.00 08/23/2022 609-49750-425300 310342 resale- liquor 459.50 08/23/2022 609-49750-425100 310342 freight 10.00 08/23/2022 609-49750-433300 Check Total: 1,275.00 Vendor: 3446 WARNING LITES OF MN INC Check Sequence: 90 ACH Enabled: False 239229 (15) 10' plastic parade board; (3 0) o -frame leg 2,234.10 08/23/2022 101-43120-421990 Check Total: 2,234.10 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 1561 WATER LABORATORIES INC Check Sequence: 91 ACH Enabled: True 9103 Water Testing - June 2022 255.00 08/23/2022 601-49440-431990 9148 Water Testing - July 2022 255.00 08/23/2022 601-49440-431990 file #72067 BCOL - water testing 17.00 08/23/2022 101-45201-431990 Check Total: 527.00 Vendor: 1567 WES OLSON ELECTRIC LLC Check Sequence: 92 ACH Enabled: True 10716 Labor - Senior Center Light Issues 85.00 08/23/2022 701-00000-440100 10716 Parts = LED Lamps (3), Wire Nuts 36.36 08/23/2022 701-00000-440100 10730 Labor - MCC kitchen outlet work 935.00 08/23/2022 701-00000-440100 10730 Parts- MCC kitchen outlet work; inspection; pen 204.39 08/23/2022 701-00000-440100 Check Total: 1,260.75 Vendor: 4766 SUSAN WESTLEY Check Sequence: 93 ACH Enabled: False HuntGather8/16 reimburse facade for MontiArts - cool letters 446.00 08/23/2022 101-45204-421990 Check Total: 446.00 Vendor: 1573 WINE MERCHANTS INC Check Sequence: 94 ACH Enabled: False 7390074 resale- wine 264.00 08/23/2022 609-49750-425300 7390074 freight 3.30 08/23/2022 609-49750-433300 Check Total: 267.30 Vendor: 1206 WINEBOW INC. Check Sequence: 95 ACH Enabled: True MN00117351 resale- wine 117.48 08/23/2022 609-49750-425300 MN00117351 resale- liquor 273.00 08/23/2022 609-49750-425100 MN00117351 freight 4.50 08/23/2022 609-49750-433300 Check Total: 394.98 Vendor: 1577 WRIGHT CO AUDITOR-TREAS - ACH Check Sequence: 96 ACH Enabled: True 8/9/2022 Court Fines & Fees - July 2022 2,685.39 08/23/2022 101-42100-430410 August August 2022 - Deputies Contract 133,176.33 08/23/2022 101-42100-430500 Check Total: 135,861.72 Vendor: 1581 WRIGHT CO RECORDER Check Sequence: 97 ACH Enabled: False 202200000048 22D001 - Assignment A# 1511619 46.00 08/23/2022 101-41910-431990 202200000048 202130 - Agreement A# 1512221 46.00 08/23/2022 101-41910-431990 Check Total: 92.00 AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 15 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 1584 WSB & ASSOCIATES INC Check Sequence: 98 R019102-000 8 21C008 - Otter Creek & Karlsburger Pond & St 28,280.00 08/23/2022 652-49880-430300 R019194-000 7 21C010 - Shovel Ready Site Certification - April 5,710.75 08/23/2022 101-41910-430300 R019295-000 6 21C009 - Otter Creek Indust Park Area Platting - 10,539.80 08/23/2022 101-41910-430300 Check Total: 44,530.55 Total for Check Run: 1,887,861.72 Total of Number of Checks: 98 ACH Enabled: True The preceding list of bills payable was reviewed and approved for payment. Date: 8/22/2022 Approved by Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (08/17/2022 - 11:00 AM) Page 16 City Council Agenda: 8/22/2022 2B. Consideration of approving new hires and departures for City departments Prepared by: Meeting Date: ❑x Consent Agenda Item Human Resources Manager 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTE Motion to approve new hires and departures for City departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees Name Karen Zehowski Tammy Hildebrandt Jenny Waller NEW EMPLOYEES Title Facility Lead Deputy Registrar Clerk Deputy Registrar Clerk Department MCC DMV DMV TERMINATING EMPLOYEES Name Reason Department Sopia Lange Voluntary Parks Stefny Cooper Involuntary MCC Matt Tibbetts Voluntary Parks Charles DeGrio Voluntary Parks Gary Carlson Voluntary MCC New Hire and Terms City Council 2022: 8/17/2022 Hire Date Class 8/5/22 PT 8/10/2022 PT 8/17/2022 PT Effective Date Class 7/22/2 Seasonal 8/2/22 PT 8/10/22 Seasonal 8/19/22 Seasonal 8/31/22 PT City Council Agenda: 8/22/2022 2C. Consideration of approving the sale or disposal of surplus City property Prepared by: Meeting Date: ® Consent Agenda Item N/A 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 8/22/2022 2D. Consideration of adopting Resolution 2022-93 accepting donation of a historical map Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Resolution 2022-93 accepting the donation of a historical map REFERENCE AND BACKGROUND The City Council is asked to accept the donation of a map from Monticello resident Ted Nelson. Mr. Nelson has a framed historical map of Wright County that's approximately 52" x 38". The map includes listings of property owners from the first part of the 20th century. While staff are unsure of the monetary value, we believe it has historical value for the community. It can be displayed in City Hall or the community center for the public viewing. As required by state statute, the City Council is required to adopt a resolution accepting the donation and specifying its use. Budget Impact: The donated map will be displayed in a city facility. II. Staff Workload Impact: None. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends adopting Resolution 2022-93 accepting the donations. SUPPORTING DATA • Resolution 2022-93 CITY OF MONTICELLO RESOLUTION NO. 2022-93 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Ted Nelson Historical Map Unknown WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY PURPOSE/AMOUNT Historical Map Ted Nelson/Unknown Adopted by the City Council of Monticello this 22nd day of August, 2022. Lloyd Hilgart, Mayor Jennifer Schreiber, City Clerk City Council Agenda: 8/22/2022 2E. Consideration of approving Resolution 2022-96 approving State of Minnesota Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreements with the City of Monticello on behalf of its City Attorney Prepared by: Meeting Date: ® Consent Agenda Item City Administrator 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: N/A Motion to approve Resolution 2022-96 approving State of Minnesota Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreements with the City of Monticello on behalf of its City Attorney. REFERENCE AND BACKGROUND As part of the law enforcement agreement between the Wright County Sheriff's Office and the City of Monticello, the County is responsible for prosecuting violations charged by WCSO. To facilitate prosecution efforts on the City's behalf, the City Council is asked to adopt a resolution approving the necessary agreements for access to the criminal justice data communications network and court data services. The joint powers agreement and associated amendment have a term of 5 years. Staff Workload Impact: There is no budget impact for the City; the cost is included in the law enforcement contract with WCSO. II. Budget Impact: N/A III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommend approving the joint powers agreements to allow the existing process to continue. SUPPORTING DATA A. Resolution 2022-96 B. State of Minnesota Joint Powers Agreement C. Court Data Amendment CITY OF MONTICELLO WRIGHT COUNTY, MINNTESOTA RESOLUTION NO. 2022-96 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MONTICELLO ON BEHALF OF ITS CITY ATTORNEY WHEREAS, the City of Monticello on behalf of its Prosecuting Attorney desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Monticello, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Monticello on behalf of its Prosecuting Attorney, are hereby approved. 2. That the City Administrator, Rachel Leonard, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That Lloyd Hilgart, the Mayor for the City of Monticello, and Jennifer Schreiber , the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 22nd day of August, 2022. CITY OF MONTICELLO By: Lloyd Hilgart Its Mayor ATTEST: By: Jennifer Schreiber Its City Clerk SWIFT Contract # 187455 M N086061A State of Minnesota Joint Powers Agreement mimNeSOTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Monticello on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as "Parties." Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a DPS/BCA CJDN JPA—March 2021 SWIFT Contract # 187455 M N086061A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/ciisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a DPS/BCA CJDN JPA—March 2021 SWIFT Contract # 187455 M N086061A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer -to -computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. No charges will be assessed to the agency as a condition of this agreement. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us DPS/BCA CJDN JPA—March 2021 6 SWIFT Contract # 187455 M N086061A The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Brian Lutes, County Attorney Address: 3700 Braddock Ave NE, Ste 2100 Buffalo, MN 55313 Telephone: 763.682.7340 Email Address: brian.lutes@co.wright.mn.us Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit's records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit's records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices DPS/BCA CJDN JPA—March 2021 SWIFT Contract # 187455 M N086061A 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, "Individual User' means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its 5 DPS/BCA CJDN JPA—March 2021 SWIFT Contract # 187455 M N086061A own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK DPS/BCA CJDN JPA—March 2021 SWIFT Contract # 187455 M N086061A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 7 DPS/BCA CJDN JPA—March 2021 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: Date: COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Monticello on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 187455, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www. courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. a E "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www. courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. M 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. C.1 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber M. hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the parry to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either parry, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 90 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name: Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 City Council Agenda: 8/22/2022 2F. Consideration of adopting Resolution No. 2022-90 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Block 52 Holdings, LLC related to the Block 52 Redevelopment proposal Prepared by: Meeting Date: ® Consent Agenda Item Economic Development Manager 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: Community Development Director, City City Administrator Clerk /_T41111 I IQZ1:410111*11tcp Motion to adopt Resolution No. 2022-90 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Block 52 Holdings, LLC related to Block 52 Redevelopment. PREVIOUS COUNCIL ACTION: June 27, 2022: The City Council adopted Resolution No. 2022-64 authorizing the creation of Redevelopment TIF District No. 1-45 in support of a mixed-use residential -commercial development proposal by Block 52 Holdings, LLC (fka Deephaven Development) in Block 52. REFERENCE AND BACKGROUND A Business Subsidy Agreement is required when a developer or business receives funding exceeding $150,000 as part of a financial assistance package. The developer must acknowledge the amount of the "Business Subsidy" granted and the City must take action to approve the subsidy. The subsidy and supporting Agreement for Block 52 are needed due to the extraordinary costs of land acquisition and site improvements necessary to construct the project on the proposed site. Without the subsidy, construction of the Project is not sufficiently feasible for the Developer to undertake. In approving a business subsidy for Block 52, the City also makes a finding regarding its public purpose. The public purpose of the Business Subsidy is to increase the tax base in the City and State, increase jobs (including construction jobs) in the City and State. The EDA held the required public hearing for the Business Subsidy for Block 52 Holdings, LLC as part of its consideration of the Contract for Private Development at its August 10, 2022, meeting. The EDA authorized entering into the contract with the developer, Block 52 Holdings, City Council Agenda: 8/22/2022 LLC at the August 10, 2022, meeting. The City Council is asked to consider adopting Resolution 2022-90 approving the Business Subsidy Agreement contained in the Contract for Private Development. The language in the Contract for Private Development (TIF Development Agreement) identified the TIF assistance (Section 3.10) as well as additional project funding consisting of a DEED Redevelopment Grant (Section 3.11) and an Authority Grant [Pooled TIF dollars] (Section 3.12). The total assistance being provided to Block 52 Holdings, LLC is shown below: Tax Increment Financing (TIF) MN -DEED Redevelopment Grant EDA Authority Grant Total Assistance $2,867,954 (from increment over 26 yrs.) $ 517,500 $ 367,400 $3,752,854 Per the Business Subsidy Act Section (Section 3.13), in exchange for the financial assistance, Block 52 Holdings, LLC must complete its mixed-use development project and operate the new facility for five years. It must also create 45 new FTE (full time equivalent) jobs within two years of receiving a certificate of occupancy (CO). The wages of the new jobs per the Agreement must average $12.39 per hour with benefits totaling $1.75 per hour. The estimated total cost of development proposal is $27,500,000 +/-. This amount includes all components, such as asbestos -regulated materials abatement, structure demolition, site excavation, utility relocates -extensions, underground parking garage, new building construction, HVAC -Energy Efficiency appliances -materials, parking lots, sidewalks, outdoor lighting and landscaping. A summary Funding Sources and Uses of the Block 52 Holdings, LLC proposal is shown below. Block 52 Redevelopment Project Funding Sources and Uses Sources of Funds Uses of Funds Owner Equity Cash $ 5,600,001 Bank Loan (1St Mortgage) $18,150,000 Tax Increment Financing $ 2,868,000 DEED Redev Grant $ 517,500 EDA Authority Grant (PT $) $ 367,400 Total $27,502,901 ARM Abatement and Demo $ 517,500 Site Prep -Excavation $ 468,000 Underground Parking $ 1,800,000 Utilities (Major -Minor) $ 600,000 Bldg Construction $19,900,000 HVAC-Appl $ 2,800,000 Park-Sidewa-Landscap-Light $ 1,417,401 Total $27,502,901 City Council Agenda: 8/22/2022 Budget Impact: The budgetary impact related to the City Council consideration of Resolution 2022-90 approving a Business Subsidy Agreement related to the Block 52 redevelopment proposal and contract is minimal. The funding identified in this Agreement are EDA sources. The City has considered and will consider other Block 52 - related project expenses as separate considerations. II. Staff Workload Impact: The EDA attorney, financial advisor, Economic Development Manager, Community Economic Development Coordinator, and the Community Development Director have been involved in the work tasks related to the funding assistance for the Block 52 Holdings, LLC redevelopment proposal. The EDA attorney prepared the City Council resolution as part of these work tasks. III. COMPREHENSIVE PLAN IMPACT: The Vision adopted as part of the Monticello 2040 Plan is to create a friendly and safe community which is inclusive and fosters a sense of belonging. The value statements call for a "Vibrant downtown that embraces the River and provides a focal point for the community". It also notes as a value "A range of attainable housing options in terms of type, cost, and location". Another value is "A diversified and strong local economy competitive at regional, state and national levels". The Block 52 Holdings, LLC mixed-use redevelopment proposal checks the boxes for all these value statements. STAFF RECOMMENDED ACTION Staff recommends that the City Council approve the Business Subsidy Agreement contained in the Contract for Private Development between the EDA and Block 52 Holdings, LLC as required under state statutes. But for the assistance, this project would not be feasible. SUPPORTING DATA A. Resolution 2022-90 B. Contract for Private Development related to TIF District 1-45 CITY OF MONTICELLO, MINNESOTA RESOLUTION APPROVING BUSINESS SUBSIDY AGREEMENT CONTAINED WITHIN A PURCHASE AND DEVELOPMENT CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND DEEPHAVEN DEVELOPMENT LLC BE IT RESOLVED by the City Council ("Council") of the City of Monticello, Minnesota ("City') as follows: Section 1. Recitals. 1.01. The City has approved the creation of Tax Increment Financing District No. 1-45 (the "TIF District") within the Central Monticello Redevelopment Project (the "Project"), pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended. 1.02. To facilitate development of certain property in the TIF District (the "Redevelopment Property'), the City of Monticello Economic Development Authority (the "Authority") has approved a Purchase and Development Contract (the "Agreement") between the Authority and Deephaven Development LLC, a Minnesota limited liability company, or an affiliate thereof or entity related thereto (the "Developer"), under which among other things the Authority will convey to the Redeveloper, certain property described in Exhibit A attached hereto (the "Redevelopment Property") in order for the Redeveloper to construct an mixed-use five -story building located on the Redevelopment Property that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower - level parking spaces and 114 adjacent off-street parking stalls (the "Minimum Improvements"). 1.03. In addition, pursuant to the Agreement the Authority will (i) convey to the Developer, certain property in the City (the "Redevelopment Property') Developer at the price of $1,484,100 which will be paid from cash in the amount of $1.00 a land write down from the Authority in the amount of $132,482 (the "Land Write Down"), and a Purchase Price Note (the "Purchase Price Note") from the Redeveloper in the amount of $1,351,617.00 which will be repaid from available tax increment generated by the Redevelopment Property in accordance with the Agreement; (ii) reimburse the Developer for certain public redevelopment costs in the amount not to exceed $2,867,954 through the issuance of a pay as you go tax increment financing note (the "TIF Note") and in an amount not to exceed $367,400 through the issuance of a grant (the "Authority Grant"), subject to the terms and conditions set forth in the Agreement; and (iii) reimburse the Developer for a portion of the demolition and hazardous materials removal work on the Redevelopment Property in an amount not to exceed $517,500 (the "DEED Grant") pursuant to a Redevelopment Grant Contract Agreement Number RDGP-22-0009-o-FY22, effective as of April 1, 2022, between the Authority and the State of Minnesota, acting through MN190\159\814303.v1 the Department of Employment and Economic Development, Business and Community Development. 1.04. The proposed tax increment assistance to be provided to the Redeveloper requires that the Council of the City and the Board of Commissioners of the Authority adopt a modification to the TIF Plan (the "TIF Plan Modification") to update the budget. 1.05. The Purchase Price Note, the TIF Note, the Land Write Down, the Authority Grant and the DEED Grant to the Developer in accordance with the terms of the Agreement constitute a "business subsidy" exceeding $150,000 within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995, as amended (the "Business Subsidy Act"). 1.06. The "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Agreement, and on August 10, 2022, the Authority conducted a duly noticed public hearing regarding the business subsidy agreement, at which all interested persons were given an opportunity to be heard. 1.07. The City finds and determines that the business subsidy to the Developer is for a public purpose and is in the public interest because it will further the objectives of the Project, redevelop land in the City's downtown which is underutilized or characterized by blight, increase the tax base of the City and the State, increase jobs in the City and State (including construction jobs), and help provide a range of housing options in the City. Section 2. Business Subsidy Approved; Further Proceedings 2.01. Contingent upon the approval by the Board of Commissioners of the Authority and the Council of the City of the Modification, the Council approves the business subsidy agreement contained within the Agreement, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director of the Authority, provided that execution of the documents by those officials shall be conclusive evidence of their approval. Approved by the City Council of the City of Monticello, Minnesota this 22nd day of August, 2022. Mayor ATTEST: City Clerk MN190\159\814303.v1 2 PURCHASE AND DEVELOPMENT CONTRACT By and Between CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY and DEEPHAVEN DEVELOPMENT LLC Dated as of: August _, 2022 This document was drafted by: KENNEDY & GRAVEN, Chartered (GAF) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 Telephone: (612) 337-9300 TABLE OF CONTENTS PREAMBLE............................................................................................................................1 ARTICLE I Section1.1. Definitions..........................................................................................................3 ARTICLE II Representations and Warranties Section 2.1. Representations and Warranties by the Authority ............................................... Section 2.2. Representations and Warranties by the Redeveloper ........................................... ARTICLE III Acquisition and Conveyance of Property; TIF and Other Assistance Section 3.1. Conveyance of the Redevelopment Property........................................................ Section 3.2. Purchase Price; Provisions for Payment; and Fees ............................................... Section 3.3. Representation and As Is Conveyance.................................................................. Section3.4. Title....................................................................................................................... Section 3.5. Delivery of Documents......................................................................................... Section 3.6. Contingencies to Closing on Redevelopment Property ........................................ Section3.7. Closing.................................................................................................................. Section 3.8 Conveyance Subject to Right of Re-Entry............................................................ Section 3.9 Advance of Purchase Price Note and Other Costs; Tax Increment Purchase Price Note....................................................................................................................... Section 3.10. Reimbursement of Public Redevelopment Costs; Issuance of TIF Note .............. Section 3.11. DEED Grant Assistance........................................................................................ Section 3.12. Other Assistance................................................................................................... Section 3.13. Business Subsidy Act............................................................................................ Section 3.14. Payment of Administrative Costs......................................................................... ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements........................................................... Section 4.2. Construction Plans............................................................................................... Section 4.3. Commencement and Completion of Construction ............................................... Section 4.4. Certificate of Completion.................................................................................... Section 4.5. Records and Reports............................................................................................ Section 4.6. Compliance with Environmental Standards......................................................... ARTICLE V MN 190\ 159\804148.v6 Insurance Section5.1. Insurance.............................................................................................................. Section5.2. Subordination....................................................................................................... ARTICLE VI Delinquent Taxes and Review of Taxes Section 6.1. Right to Collect Delinquent Taxes....................................................................... Section 6.2. Review of Taxes.................................................................................................. ARTICLE VII Financing Section7.1. Financing.............................................................................................................. Section 7.2. Authority's Option to Cure Default on Mortgage ................................................ Section 7.3. Subordination and Modification for the Benefit of Mortgagee ........................... ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Development....................................................................... Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement................................................................................... Section 8.3. Release and Indemnification Covenants.............................................................. ARTICLE IX Events of Default Section 9.1. Events of Default Defined.................................................................................... Section 9.2. Remedies on Default............................................................................................. Section 9.3. No Remedy Exclusive........................................................................................... Section 9.4. No Additional Waiver Implied by One Waiver .................................................... ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable........... Section 10.2. Equal Employment Opportunity.......................................................................... Section 10.3. Restrictions on Use.............................................................................................. Section 10.4. Provisions Not Merged With Deed...................................................................... Section 10.5. Titles of Articles and Sections............................................................................. Section 10.6. Notices and Demands.......................................................................................... Section10.7. Counterparts......................................................................................................... Section10.8. Recording............................................................................................................. Section10.9. Amendment.......................................................................................................... Section 10.10. Authority Approvals............................................................................................ MN190\159\804148.v6 Section10. 11. Termination.......................................................................................................... Section 10.12. Choice of Law and Venue.................................................................................... SCHEDULE A Description of Redevelopment Property SCHEDULE B Form of Quit Claim Deed SCHEDULE C Form of Purchase Price Note SCHEDULE D Certificate of Completion SCHEDULE E Resolution Approving Contract and TIF Note SCHEDULE F DEED Disbursement Request SCHEDULE G Redevelopment Costs SCHEDULE H Assessment Agreement MN190\159\804148.v6 PURCHASE AND DEVELOPMENT CONTRACT THIS AGREEMENT, made as of the _ day of August, 2022, (the "Effective Date") by and between the CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and a political subdivision under the laws of the State of Minnesota (the "Authority"), and DEEPHAVEN DEVELOPMENT LLC, a Minnesota limited liability company (the "Redeveloper"). WITNESSETH: WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello (the "HRA") has undertaken a program to promote economic development and job opportunities and to promote the redevelopment of land which is underutilized within the City of Monticello, Minnesota (the "City"), and in this connection created the Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), and adopted a redevelopment plan for the Redevelopment Project; and WHEREAS, the Authority was established pursuant to Minnesota Statutes, Sections 469.090 to 469.108 1, as amended (hereinafter referred to as the "EDA Act"), and was authorized to transact business and exercise its powers by a resolution of the City Council of the City, which also transferred the control and responsibility for the Redevelopment Project from the HRA to the Authority; and WHEREAS, pursuant to its powers under the EDA Act and the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the development of real property by private enterprise; and WHEREAS, the Authority has acquired or will acquire certain property described in Schedule A (the "Redevelopment Property") within the Redevelopment Project, and intends to convey the Redevelopment Property to the Redeveloper for development of certain improvements as described herein; and WHEREAS, the Authority and the City have approved a Tax Increment Financing Plan and a Modification to the Tax Increment Financing Plan (collectively, the "TIF Plan") for Tax Increment Financing (Redevelopment) District No. 1-45 (the "TIF District"), a redevelopment district within the Redevelopment Project, pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act"); and WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, the Authority intends to convey the Redevelopment Property to the Redeveloper for the purposes of constructing a mixed-use five -story building on the Redevelopment Property that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower -level parking spaces and 114 adjacent off-street parking 1 MN190\159\804148.v6 stalls (collectively the "Minimum Improvements") in accordance with the terms hereof and has requested that the Authority provide certain financial assistance to assist the Redeveloper with certain costs thereof in order to fill the gap between the total development costs and the funds available to pay such costs; and WHEREAS, the Authority believes that the redevelopment of the Redevelopment Property pursuant to this Agreement and the fulfillment generally of this Agreement are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Act, Minnesota Statutes, Section 116J.993 through 116J.995, as amended (the "Business Subsidy Act"), apply to this Agreement; and WHEREAS, the City and the Authority have previously adopted criteria for awarding business subsidies that comply with the Business Subsidy Act, after public hearings for which notice was published; and WHEREAS, in connection with the assistance provided under this Agreement, this agreement constitutes a subsidy agreement under the Business Subsidy Act. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 MN190\159\804148.v6 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means, collectively, the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1081, as amended, and the Housing and Redevelopment Authority Act, Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Affiliate" means with respect to any entity (a) any corporation, partnership, limited liability company or other business entity or person controlling, controlled by, or under common control with the entity, and (b) any successor to such party by merger, acquisition, reorganization, or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling", "controlled by," and "under common control with" shall mean, with respect to any corporation, partnership, limited liability company, or other business entity, the ownership of fifty percent or more of the voting interests in such entity or possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether through ownership of voting securities or by contract or otherwise. "Agreement" means this Purchase and Development Contract, as the same may be from time to time modified, amended, or supplemented. "Assessment Agreement" means the Minimum Assessment Agreement, between the Redeveloper and the Authority, in substantially the form of the agreement attached as Exhibit H hereto and made part of this Agreement. "Authority" means the City of Monticello Economic Development Authority, or any successor or assign. "Authority Grant" means the grant made by the Authority to the Redeveloper as defined in Section 3.12 hereof. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Authorizing Resolution" means the resolution of the Authority, substantially in the form attached as Schedule E to be adopted by the Authority to approve this Agreement, authorize the issuance of the TIF Note, and approve the Authority Grant. "Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification in the form set forth in Schedule D and provided to the Redeveloper pursuant to Section 4.4 of this Agreement. MN190\159\804148.v6 "City" means the City of Monticello, Minnesota. "Closing Date" or "Closing" means not later than October 10, 2022, or such other date as mutually agreed to by the Authority and Redeveloper on which the Authority will convey title to the Redevelopment Property to the Redeveloper. "Construction Documents" shall mean the following documents, all of which shall be in form and substance acceptable to the Authority: (a) evidence satisfactory to the Authority showing that the Minimum Improvements conform to applicable zoning, subdivision and building code laws and ordinances, including a copy of the building permit for the Minimum Improvements; (b) a copy of the executed agreement between owner and architect for architectural services for the Minimum Improvements, if any, and (c) a copy of the executed general contractor's contract for the Minimum Improvements, if any. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which a) shall be as detailed as the plans, specifications, drawings, and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Wright, Minnesota. "Deed" means the Quit Claim Deed in the form attached hereto as Schedule B, to be executed by the Authority conveying the Redevelopment Property to the Redeveloper. "DEED Grant" means the $517,500.00 to be used for DEED Redevelopment Costs on the Redevelopment Property, issued by the Department of Employment and Economic Development pursuant to the DEED Grant Agreement. "DEED Grant Agreement" means the Redevelopment Grant Contract Agreement number RDGP-22-0009-o-FY22, effective as of April 1, 2022, between the Authority and the State of Minnesota, acting through the Department of Employment and Economic Development, Business and Community Development division which provides the DEED Grant to the Authority to reimburse the DEED Redevelopment Costs, as defined therein. "DEED" means the Business and Community Development Division of the State of Minnesota's Department of Employment and Economic Development, as grantor in the DEED Grant Agreement. "Event of Default" means an action by the Redeveloper listed in Section 9.1 of this Agreement. 4 MN190\159\804148.v6 "Minimum Improvements" means the construction by the Redeveloper of a mixed-use five - story building located on the Redevelopment Property that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower -level parking spaces and 114 adjacent off-street parking stalls. "Mortgage" means any mortgage made by the Redeveloper, which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII of this Agreement. "Payment Date" means August 1 of the year commencing on August 1, 2025 and each February 1 and August 1 thereafter until the Termination Date. "Planning Development Contract" means the Development Contract and Planned Unit Development Agreement between the City and the Redeveloper, preliminarily approved by the City Council of the City on July 11, 2022. "Plat" shall mean the final plat entitled Block 52 First Addition and submitted to the City in conjunction with the Redevelopment Project and the Redevelopment Property. "Public Redevelopment Costs" has the meaning provided in Section 3.10(a) hereof. "Purchase Price Note" has the meaning provided in Section 3.2 hereof. "Purchase Price Note Available Tax Increment," means, on each Payment Date commencing on August 1, 2030, 25% of the Tax Increment attributable to the Redevelopment Property and paid to the Authority by Wright County in the six (6) months preceding the Payment Date. Purchase Price Note Available Tax Increment may also be used by the Authority to pay ongoing costs of administering the TIF District. "Redeveloper" means Deephaven Development LLC, a Minnesota limited liability company, or its permitted successors and assigns. "Redevelopment Costs" has the meaning provided in Section 3.12 hereof. "Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment Project, as amended through the date of this Agreement. "Redevelopment Property" means the real property described in Schedule A of this Agreement. No. 1. "Redevelopment Project" means the Authority's Central Monticello Redevelopment Project "State" means the State of Minnesota. 5 MN190\159\804148.v6 "Tax Increment" means that portion of the real property taxes which is paid with respect to the Redevelopment Property and which is actually remitted to the Authority as tax increment pursuant to the Tax Increment Act. The term Tax Increment does not include any amounts retained by or payable to the State auditor under Section 469.177, subdivision 11 of the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended. "Tax Increment District" or "TIF District" means the Authority's Tax Increment Financing (Redevelopment) District No. 1-45. "Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing Plan for the TIF District, as approved by the Authority on June 22, 2022, and by the City on June 27, 2022, and as may be amended from time to time. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the later of (a) date of the Authority's last receipt of Tax Increment from the TIF District in accordance with Section 469.176, subdivision lb(3) of the TIF Act; (b) the date the Purchase Price Note has been paid in full, defeased, or terminated in accordance with the terms of the resolution set forth in Schedule C; or (c) the date the TIF Note has been paid in full or terminated in accordance with the terms of this Agreement. "TIF Note" means the Taxable Tax Increment Revenue Note (Block 52 Project), substantially in the form contained in the Authorizing Resolution, to be delivered by the City to the Redeveloper in accordance with Section 3.10(a) hereof. "TIF Note Available Tax Increment," means pursuant to the TIF Note (i) on Payment Dates August 1, 2025 through February 1, 2030, one hundred percent (100%) of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is actually paid to the Authority by Wright County in the six (6) months preceding the Payment Date; and (ii) on Payment Dates August 1, 2030 through February 1, 2051, seventy-five percent (75%) of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is actually paid to the Authority by Wright County in the six (6) months preceding the Payment Date. TIF Note Available Tax Increment shall not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default under this Agreement. "Title Company" means The Title Company, Fargo, North Dakota, or other title company designated by the Redeveloper in connection with the acquisition of the Redevelopment Property. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, 6 MN190\159\804148.v6 prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, a pandemic or epidemic, but not including any current policies or practices in effect as of the Effective Date as result of the current Covid-19 pandemic, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state, or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Redeveloper's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such approvals and construction is required under Sections 4.2 and 4.3 of this Agreement. (The remainder of this page is intentionally left blank) 7 MN190\159\804148.v6 ARTICLE II Representations and Warranties Section 2.1. Representations and Warranties by the Authority. The Authority makes the following representations and warranties: (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the Authority are undertaken to foster the development and redevelopment of certain real property which for a variety of reasons is presently underutilized, to increase the tax base in the City, to provide employment opportunities in the City, to increase housing options in the City, to provide a mixed-use development in the City's downtown, to meet the City's longtime goal of redeveloping the Redevelopment Property and revitalizing its downtown, and to stimulate further development of the TIF District and Redevelopment Project as a whole. (c) The Authority has taken the actions necessary to establish the TIF District as a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10. (d) No member of the Board of Commissioners of the Authority, or officer of the Authority, has either a direct or indirect financial interest in this Agreement. (e) The Redevelopment Property is exempt from property taxes for taxes payable in 2022. (f) To the actual knowledge of the undersigned, the Authority is no indebted for labor and material that might give rise to the filing of a notice of mechanic's lien against the Redevelopment Property. (g) To the actual knowledge of the undersigned, there are no leases that will affect the Redevelopment Property as of the Closing Date. (h) The Authority makes no representation or warranty, either express or implied, as to the Redevelopment Property or its condition, or that the Redevelopment Property shall be suitable for the Redeveloper's purposes or needs. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company duly organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its organizational documents or the laws of the State, is duly authorized to transact business within the State, has power 8 MN190\159\804148.v6 to enter into this Agreement and has duly authorized the execution, delivery, and performance of this Agreement by proper action of its governing members. (b) If the Redeveloper acquires the Redevelopment Property in accordance with this Agreement, the Redeveloper will construct, operate, and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all applicable local, state, and federal laws and regulations (including, but not limited to, environmental, zoning, building code, labor, and public health laws and regulations). (c) With the exception of those certain findings within the Hazardous -Asbestos - Regulated Materials reports dated June 17, 2022, and June 24, 2022 (the "Environmental Reports"), Redeveloper has received no actual notice or communication from any local, state, or federal official that the activities of the Redeveloper or the Authority in the Redevelopment Project may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is not actually aware of any facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state, or federal environmental law, regulation, or review procedure. (d) The Redeveloper will make reasonable efforts to obtain, in a timely manner, all required permits, licenses, and approvals, and will make reasonable efforts to meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by, or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreement, and the Authority prevails in such action, the Redeveloper agrees that it shall, within 30 days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. (g) The proposed development by the Redeveloper hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. (h) The Redeveloper understands that the Authority and the City may subsidize or encourage the development of other developments in the City, including properties that compete with the Redevelopment Property and the Minimum Improvements, and that such subsidies may be more favorable than the terms of this Agreement, and that neither the Authority nor the City has represented that development of the Redevelopment Property will be favored over the development of other properties. 9 MN190\159\804148.v6 ARTICLE III Acquisition and Conveyance of Property; TIF Assistance Section 3.1. Conveyance of the Redevelopment Property. As of the date of this Agreement, the Authority owns or will acquire from the City the Redevelopment Property described in Schedule A. At Closing, the Authority will convey title to and possession of the Redevelopment Property to the Redeveloper, subject to all the terms and conditions of this Agreement. Section 3.2. Purchase Price; Provisions for Payment; and Fees. (a) The purchase price to be paid to the Authority by the Redeveloper in exchange for the conveyance of the Redevelopment Property is $1,484,100.00. The purchase price shall be paid in cash from the Redeveloper in the amount of $1.00, a land write down in the amount of $132,482 (the "Land Write Down") from the Authority, and a purchase price note from the Redeveloper in the amount of $1,351,617.00 (the "Purchase Price Note") in substantially the form attached hereto as Schedule C payable from Purchase Price Note Available Tax Increments in accordance with the terms of this paragraph. The Purchase Price Note shall accrue interest at the rate of 3.00% per annum. Commencing August 1, 2030, on each February 1 and August 1 thereafter to and including the termination date of the TIF District, or, if the first day of either February 1 or August 1 should not be a Business Day, the next succeeding Business Day (the "Purchase Price Note Payment Dates") the Authority will credit against the principal amount of the Purchase Price Note plus accrued interest thereon at the rate of 3.00% per annum, the Purchase Price Note Available Tax Increments. On the termination date of the TIF District, the Authority will forgive the outstanding balance of the Purchase Price Note subject to Section 4.3(d). (b) In addition, the Redeveloper shall assume or pay all taxes, special assessments, and similar governmental impositions due and payable in the year of Closing and after the Closing Date and all future years. The Redeveloper will pay: (a) the closing fees charged by the Title Company, if any, utilized to close the transaction contemplated by this Article III; (b) fees for title evidence obtained by Redeveloper; (c) title insurance premium costs; (d) the recording fee for the deed transferring title to the Redeveloper; (e) any survey or environmental investigation costs incurred by Redeveloper; and (f) any transfer taxes, recording fees and Well Disclosure fees required to enable the Redeveloper to record the Deed from the Authority under this Agreement. The Authority shall pay any and all title fees and charges related to the filing of any instrument required to make title marketable or otherwise give the Authority the ability to transfer the Redevelopment Property. Section 3.3 Representation and As Is Conveyance. (a) In recognition of the significant economic contributions which the Authority is making to develop the Minimum Improvements by providing the tax increment assistance, the DEED Grant and the Authority Grant, the Redeveloper shall accept the conveyance of the Redevelopment Property on an "AS IS" "WHERE IS" basis, with all faults and defects, without any warranties, express or implied, except such representations and warranties as specifically set forth in this Agreement, and the Redeveloper waives any claims against the Authority, the City and their governing bodies' members, officers, agents, including the independent contractors, consultants and 10 MN190\159\804148.v6 legal counsel and employees thereof (collectively the "Indemnified Parties"), for indemnification, contribution, reimbursement or other payments arising under federal and state law and the common law relating to environmental or any other condition of Redevelopment Property. (b) The Authority makes no representations concerning nor shall have any responsibility or obligation to undertake any cleanup or remediation on the Redevelopment Property. If the Redeveloper does not terminate this Agreement pursuant to Section 3.5(a) hereof, following delivery of the Deed, the Redeveloper agrees to remediate any environmental contamination or pollution on the Redevelopment Property that may be required by law. The Redeveloper further agrees to complete all cleanup and remediation on the Redevelopment Property identified in the DEED Grant Agreement, the Environmental Reports, the Phase I Environmental Site Assessment, dated June 30, 2022 (the "Phase I"), and the Planning Development Contract. The Redeveloper acknowledges receipt of the Environmental Reports and the Phase I and Redeveloper waives any claims against the Authority for indemnification, contribution, reimbursement or other payments arising under federal and state law and the common law or relating to the environmental condition of the Redevelopment Property. The Redeveloper acknowledges that the Authority has provided copies of the Phase I and the Environmental Reports, to the Redeveloper, and that the Redeveloper has had sufficient time and opportunity to fully review and consider said document. (c) The Authority has no obligation to produce any evidence of title. The Redeveloper will obtain a commitment for an owner's title insurance policy issued by the Title Company naming Redeveloper as the proposed owner -insured of the Redevelopment Property (the "Commitment") in accordance with Section 3.4 hereof and review copies of all documents referred to in the Commitment. (d) In addition to those rights granted by the Authority to the Redeveloper in that certain Right of Entry Agreement effective July 28, 2022. Redeveloper is hereby granted the right to enter upon and inspect, analyze and test the Redevelopment Property for all reasonable purposes, including conducting soil tests upon 24 hours' notice to the Authority. The Redeveloper shall pay for the cost of all investigations of the Redevelopment Property which are ordered by Redeveloper for purposes of conducting its own investigations of the Redevelopment Property. Redeveloper hereby agrees to indemnify and hold the Authority harmless from any claims, damages, costs and liability, including without limitation reasonable attorneys' fees, resulting from entering upon the Redevelopment Property or the performing of the analysis, tests or inspections referred to in this section. (e) Without limiting its obligations under Section 8.3 hereof, the Redeveloper agrees to indemnify, defend, and hold harmless the Indemnified Parties, from any claims or actions to the extent arising out of any claim related to the presence of hazardous substances on the Redevelopment Property, or any portion thereof, which either (i) arise out of activities of the Redeveloper on the Redevelopment Property, including but not limited to, those activities performed under the DEED Grant Agreement, or (ii) arise out of hazardous substances, asbestos, petroleum substances, or pollutants, irritants or contaminants brought onto the Redevelopment Property by the Redeveloper. In addition, the Redeveloper agrees to release the Indemnified Parties from any and all costs, expenses, losses, liabilities, claims, causes of action, demands, and damages relating to the environmental conditions on the Redevelopment Property as of the date of Closing, including without limitation any claim the Redeveloper may have to recover from all or any of the Indemnified Parties any costs or expenses incurred by the Redeveloper in performing any remediation of the 11 MN190\159\804148.v6 Redevelopment Property. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes, Sections 466.04 and 604.02, as amended. Section 3.4 Title. Upon the Effective Date, and as soon as reasonably possible thereafter, Redeveloper shall have the right, but not the obligation, to may obtain (a) a current commitment for the most current ALTA Owner's Policy of Title Insurance for the Redevelopment Property issued by the Title Company (the "Commitment"); and (b) an updated as -built survey of the Redevelopment Property, certified to Redeveloper, its lender and the Title Company (the "Survey") (together with the Commitment referred to herein as the "Title Evidence"). The Redeveloper shall have 30 days from the date of its receipt of the last Title Evidence to review the state of title (including survey matters) to the Redevelopment Property and to provide the Authority with a list of written objections to such title (including survey matters). Objections not made within such time will be deemed waived by Redeveloper and considered "Permitted Exceptions". The Authority shall have 60 days from the date of its receipt of such objection to effect a cure; provided, however, that the Authority shall have no obligation to cure any objections, and may inform the Redeveloper of such. In the event that the Authority has failed to obtain a cure of such objections within 60 days after the date hereof, the Redeveloper may (i) by the giving of written notice to the Authority terminate this Agreement, upon the receipt of which this Agreement shall be null and void and neither parry shall have any liability hereunder, or (ii) waive any title objections and proceed to Closing. The Authority shall have no obligation to take any action to clear defects in the title to the Redevelopment Property. The Authority shall take no actions to encumber title to the Redevelopment Property between the Effective Date and the Closing Date. The Authority expressly agrees that it will not cause or permit the attachment of any mechanics, attorneys, or other liens to any portion of the Redevelopment Property prior to the Closing Date. The Redeveloper shall take no actions to encumber title to any portion of the Redevelopment Property between the Effective Date and Closing Date. The Redeveloper expressly agrees that it will not cause or permit the attachment of any mechanics, attorneys, or other liens to any portion of the Redevelopment Property prior to the Closing Date. Notwithstanding termination of this Agreement prior to any Closing, the Redeveloper is obligated to pay all costs to discharge any encumbrances to any portion of the Redevelopment Property attributable to actions of the Redeveloper, its employees, officers, agents or consultants, including without limitation any architect, contractor and or engineer. Section 3.5 Delivery of Documents. The Authority has delivered the Phase I and the Environmental Reports to the Redeveloper and the Redeveloper acknowledges that it has received the Phase I and the Environmental Reports. Section 3.6 Contingencies to Closing on Redevelopment Property. (a) Redeveloper's Contingencies. The Redeveloper's obligation to close on the purchase of the Redevelopment Property is expressly conditioned upon each of the following contingencies being satisfied or waived: 12 MN190\159\804148.v6 (i) Performance of all obligations required to be performed by the Authority under this Agreement as of the Closing Date, including but not limited to, delivery of all of the Authority's Documents described in Section 3.6(b) hereof; (ii) the Redeveloper shall have received all necessary building permits, rezoning, variances, conditional use permits and other permits, municipal approvals, site plans and other approvals, including approval of the final Plat, and the Planned Unit Development District, all of which are needed to permit the construction of the Minimum Improvements and Redeveloper's use and enjoyment of the Redevelopment Property; (iii) the Redeveloper shall have completed such environmental investigation (including soil conditions) with respect to the Redevelopment Property as it deems prudent and in its sole discretion shall be satisfied with the results thereof; (iv) the Redeveloper shall have obtained financing acceptable to the Redeveloper for development of the Minimum Improvements; (v) on the Closing Date, the Title Company shall be irrevocably committed to issue to Redeveloper an owner's policy of title insurance with respect to the Redevelopment Property in form and substance approved by Redeveloper; (vi) the Redeveloper having reviewed and approved (or waived objections to) the Title Evidence and the Due Diligence Documents, and having obtained a commitment from the Title Company acceptable to the Redeveloper to issue a suitable owner's policy for the Redevelopment Property in accordance with Section 3.4 herein; and (vii) the Authority shall have approved the Construction Plans pursuant to section 4.2 hereof. (b) Authority's Contingencies. The Authority's obligation to close on the sale of the Redevelopment Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (i) Redeveloper shall have performed all of the obligations required to be performed by the Redeveloper under this Agreement as of the Closing Date, including but not limited to paying all outstanding Administrative Costs in full pursuant to Section 3.13 hereof; (ii) Redeveloper shall have delivered to the Authority all of the Redeveloper's Documents described in Section 3.7(c); (iii) The Authority shall have approved the sale of the Redevelopment Property to the Redeveloper upon satisfaction of all other conditions required by State law; (iv) The Redeveloper shall have submitted the Construction Plans to the Authority and the Authority shall have approved the Construction Plans pursuant to Section 4.2 hereof, (v) The Redeveloper shall have received a building permit for the construction of the Minimum Improvements; 13 MN190\159\804148.v6 (vi) Developer shall have received or the Authority shall have determined that the Redeveloper will receive all necessary rezoning, variances, conditional use permits and other permits, site plan and other approvals needed to permit the construction of the Minimum Improvements including without limitation any needed variances, zoning changes, final Plat approval, and the creation f the Planned Unit Development District; (vii) Redeveloper shall have provided evidence that it has financing for development of the Minimum Improvements satisfactory to the Authority in its sole discretion; (viii) The Authority shall have obtained final Plat approval or obtain the necessary subdivision approvals required for the construction of the Minimum Improvements; (ix) the Authority and the City Council shall have approved a modification to the TIF Plan amending the budget; and (x) The Redeveloper having paid all outstanding Administrative Costs as required by Section 3.14 hereof; and (xi) The Authority shall have determined that the Minimum Improvements to be undertaken by the Redeveloper on the Redevelopment Property is in conformance with this Agreement and the development objectives set forth in the Authorizing Resolution. (c) Authority's and Redeveloper's Options. In the event that any of the foregoing contingencies fail to be satisfied on or before October 10, 2022, the Redeveloper or the Authority, as the case may be, may: (i) terminate this Agreement; or (ii) waive such failure and proceed to close; provided that the contingencies in Section 3.6(a) are solely for the benefit of the Redeveloper and may be waived only by the Redeveloper and the contingencies in Section 3.6(b) are solely for the benefit of the Authority and may be waived only by the Authority; or (iii) the Redeveloper and Authority may mutually agree to extend the Closing Date. Section 3.7 Closing. (a) Time and Place. Subject to the terms and conditions of this Agreement, the Closing on the purchase and sale of the Redevelopment Property shall take place on or before the Closing Date and shall take place at such place which is mutually acceptable to the parties. The Authority shall deliver possession of the Redevelopment Property on the Closing Date. (b) Authority's Documents. At the Closing, the Authority shall execute, where appropriate, and deliver all of the following (collectively the "Authority's Documents"): (i) The Deed, in substantially the form as attached hereto as Schedule B, properly executed on behalf of the Authority conveying the Redevelopment Property to the 14 MN190\159\804148.v6 Redeveloper, together with any other documents reasonably required to be delivered by the Authority. (ii) The Authorizing Resolution; (iii) A transferor's certification stating that Authority is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code, and containing such additional information as may be required thereunder. (iv) A Seller's affidavit in form of acceptable to the Title Company; (v) A well disclosure certificate; (vi) A settlement statement consistent with this Agreement; (vii) The Assessment Agreement; and (viii) Any other documents as may reasonably be required to transfer fee title to the Redevelopment Property to Redeveloper. (c) Redeveloper's Documents. At the Closing, the Redeveloper shall execute, where appropriate, and deliver all of the following "Redeveloper's Documents": (i) The Purchase Price Note; (ii) A sworn construction cost statement executed by the Redeveloper and the general contractor setting forth total Construction Costs of the Minimum Improvements; (iii) Proof of insurance required by this Agreement; (iv) To the extent required and obtainable as of the Closing Date, environmental clearances, subdivision approvals, permits, and any other required governmental approvals for the Minimum Improvements; (v) An affidavit from Redeveloper indicating on the Closing Date that there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the Redeveloper; that there has been no skill, labor or material furnished to the Redevelopment Property for which payment has not been made or for which mechanic's liens could be filed; (vi) Funds sufficient for payment by the Redeveloper at Closing of the recording charges or fees for all documents which are to be placed on record in accordance with this Agreement, the fee or charge imposed by any closing agent designated by the Title Company, in accordance with the terms herein; (vii) The Construction Documents; (viii) Evidence satisfactory to the Authority that the Redeveloper has sufficient financing to complete the Minimum Improvements; 15 MN190\159\804148.v6 (ix) The Redeveloper's estimate of the total development costs of the Minimum Improvements and sources of revenue to pay such costs and proforma cash flow for the Minimum Improvements; (x) Such other documents as shall be required to carry out the intent of this Agreement; (xi) The Assessment Agreement; and (xii) The Planning Development Contract. Section 3.8 Conveyance Subject to Right of Re-entry. The Authority's conveyance of the Redevelopment Property to the Redeveloper pursuant to this Agreement will be made subject to a right of reentry for breach of a condition subsequent in favor of the Authority. The condition subsequent is that, barring any Unavoidable Delays, the Redeveloper shall have completed or caused to be completed, not later than June 15, 2023, construction of the foundation of the Minimum Improvements on the Redevelopment Property in accordance with permits issued by the City. If Redeveloper fails to satisfy such condition subsequent, the Authority shall provide written notice to the Redeveloper and the Redeveloper shall have 60 days from receipt of the Authority's notice to complete construction of the foundation of the Minimum Improvements, or in the event such default cannot be reasonably cured with a 60 day period, the cure period herein may be extended by a reasonable period of time as determined by the Authority in its sole discretion. Failure to complete construction in such timeframe shall constitute a breach of the condition subsequent and the Redeveloper shall re -convey the Redevelopment Property back to the Authority, without cost to the Authority. If the Redeveloper fails to re -convey the Redevelopment Property to the Authority, the Authority may elect to exercise its right of reentry by commencing an action in Wright County District Court to establish the breach of the condition subsequent. If the Authority establishes a breach of the condition subsequent, title to and the right to possession of the Redevelopment Property and title to all improvements located thereon reverts to the Authority, without cost to the Authority, and the Redeveloper is not entitled to any compensation from the Authority for the value of the Redevelopment Property or any improvements the Redeveloper has made to the Redevelopment Property. The Redeveloper must record the Certificate of Release set forth in the Deed in the proper County land records at its expense. Section 3.9. Advance of Purchase Price Note and Other Costs. At Closing, the Authority will forgo receipt of the full fair market value of the Redevelopment Property, by accepting the Purchase Price Note from the Redeveloper as partial payment for the Redevelopment Property and providing the Land Write Down. The total original principal amount of the Purchase Price Note is $1,351,617.00. The terms of the Purchase Price Note are described in Section 3.2 hereof. The Authority is pledging Purchase Price Note Available Tax Increment to repayment of the Purchase Price Note. The Redeveloper has no rights or interest in the Purchase Price Note Available Tax Increment pledged to the repayment of the Purchase Price Note. The Authority retains the right to use any other Authority funds to prepay the principal of and interest on the Purchase Price Note on any date or to use Purchase Price Note Available Tax Increment to pay ongoing costs of administering the TIF District. 16 MN190\159\804148.v6 Section 3.10. Reimbursement of Public Redevelopment Costs; Issuance of TIF Note. The Authority has determined that, in addition to providing the land write down described in Section 3.2, the Authority Grant and the DEED Grant, in order to make development of the Minimum Improvements financially feasible, it is necessary to reimburse the Redeveloper for a portion of its costs related to site improvements including demolition, grading and excavating, environmental remediation, curb and gutter work, exterior utilities (e.g., stormwater, water, sanitary, electrical), bituminous paving, underground and surface parking, and sidewalks on the Redevelopment Property (the "Public Redevelopment Costs") through the issuance of the TIF Note, subject to the terms of this Section. The total principal amount of Public Redevelopment Costs subject to reimbursement will not exceed $2,867,954.00. Public Redevelopment Costs in excess of the specified total are the responsibility of the Redeveloper. (a) Conditions for Delivery of TIF Note. To reimburse a portion of the Public Redevelopment Costs incurred by Redeveloper, the Authority shall issue and the Redeveloper shall purchase the TIF Note in the maximum principal amount of $2,867,954.00. The Authority shall issue and deliver the TIF Note upon the occurrence of the following: (i) The Redeveloper having delivered to the Authority evidence of Public Redevelopment Costs paid or incurred in at least the principal amount of the Note as well as one or more certificates signed by the Redeveloper's duly authorized representative, containing the following: (A) a statement that each cost identified in the certificate is a Public Redevelopment Cost as defined in this Agreement and that no part of such cost has been included in any previous certification; (B) reasonable evidence that each identified Public Redevelopment Cost has been paid or incurred by or on behalf of the Redeveloper; and (C) a statement that, to the Redeveloper's knowledge, no uncured Event of Default by the Redeveloper has occurred and is continuing under this Agreement; the Authority may, if not satisfied that the conditions described herein have been met, return any certificate with a statement of the reasons why it is not acceptable and requesting such further documentation or clarification as the Authority may reasonably require; (ii) Developer having delivered to the Authority an investment letter in a form reasonably satisfactory to the Authority; and (iii) Developer having received from the Authority the Certificate of Completion for the Minimum Improvements. (b) Terms of TIF Note. The terms of the TIF Note will be substantially in the form shown in Schedule E in the form of the Resolution approving this Agreement and authorizing the TIF Note (the "Authorizing Resolution"), and the TIF Note will be subject to all terms of the Authorizing Resolution, which are incorporated herein by reference. (c) Termination of Right to TIF Note. Notwithstanding anything to the contrary in this Agreement, if the conditions for delivery of the TIF Note are not met by the date five (5) years after certification of the TIF District, the Authority's obligation to deliver the TIF Note shall terminate; provided that the remainder of this Agreement shall remain in full force and effect. 17 MN190\159\804148.v6 (d) Assignment of TIF Note. The Authority acknowledges that the Redeveloper may assign the TIF Note to one or more lenders that provide part of the financing for the construction of the Minimum Improvements. The Authority consents to such an assignment, conditioned upon the satisfaction of the conditions set forth in the Note, the receipt of an investment letter from such third parry in a form reasonably acceptable to the Authority and an assignment in a form approved by the Board of Commissioners of the Authority. (e) Qualifications. The Redeveloper understands and acknowledges that the Authority makes no representations or warranties regarding the amount of TIF Note Available Tax Increment, or that revenues pledged to the TIF Note will be sufficient to pay the principal amount of and the interest on the TIF Note. Redeveloper further acknowledges that estimates of Tax Increment prepared by the Authority or its municipal advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Redeveloper may rely. If the Public Redevelopment Costs exceed the maximum aggregate principal amount of the TIF Note, such excess is the sole responsibility of Redeveloper. The TIF Note shall be a special and limited obligation of the Authority and not a general obligation of the Authority or the City, and only TIF Note Available Tax Increments shall be used to pay the principal of the TIF Note. (f) Termination of Payments. The Authority's obligation to make payments on the TIF Note on any Payment Date or any date thereafter shall be conditioned upon the requirement that (i) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement that has not been cured during the applicable cure period, (ii) this Agreement shall not have been terminated pursuant to Section 9.2, and (iii) a certificate of occupancy has been issued for the Minimum Improvements. Section 3.11 DEED Grant Assistance. (a) At the Redeveloper's request, the Authority has applied for and received the DEED Grant to (mance a portion of the demolition and hazardous materials removal work on the Redevelopment Property in an amount not to exceed $517,500.00 pursuant to the DEED Grant Agreement (the "DEED Redevelopment Costs"). The Authority shall assign its rights to reimbursement under the DEED Grant Agreement, or otherwise will pay or reimburse the Redeveloper for the DEED Redevelopment Costs from and to the extent of the grant proceeds received in accordance with the terms of the DEED Grant Agreement and the terms of this Section. Notwithstanding anything to the contrary herein, if the DEED Redevelopment Costs exceed the amount to be reimbursed under this Section pursuant to the DEED Grant, such excess shall be the sole responsibility of the Redeveloper (except to the extent reimbursable under the TIF Note and the Authority Grant). The Redeveloper acknowledges and agrees that all terms, conditions and obligations contained in the DEED Grant Agreement are incorporated herein, and made a part of this Agreement. The Redeveloper shall comply in all respects with the requirements of the DEED Grant Agreement as if it were the "Grantee" thereunder. (b) All disbursements pursuant to the DEED Grant will be made subject to the conditions precedent that on the date of such disbursement: (1) The Authority has received a written statement from the Redeveloper's authorized representative certifying with respect to each payment: (a) that none of the items for 18 MN190\159\804148.v6 which the payment is proposed to be made has formed the basis for any payment previously made under this Section or this Agreement (or before the date of this Agreement); (b) that each item for which the payment is proposed is a DEED Redevelopment Cost; and (c) that the Redeveloper reasonably anticipates completion of the DEED Redevelopment Costs and the Minimum Improvements in accordance with the terms of this Agreement. (2) No Event of Default under this Agreement or the Planning Development Contract or event which would constitute such an Event of Default but for the requirement that notice be given or that a period of grace or time elapse, shall have occurred and be continuing. (3) No license or permit necessary for undertaking the DEED Redevelopment Costs or constructing the Minimum Improvements shall have been revoked or the issuance thereof subjected to challenge before any court or other governmental authority having or asserting jurisdiction thereover. (4) The Redeveloper has submitted, and the Authority has approved, the Construction Plans for the Minimum Improvements in accordance with Article IV hereof and the City has issued a building permit for the Minimum Improvements. (5) All requirements of the DEED Grant Agreement that are to be performed or complied with by the Redeveloper prior to the date of such disbursement have been met. (6) The Redeveloper has included in any contract or subcontract for the DEED Redevelopment Costs appropriate provisions to ensure contractor or subcontractor compliance with all applicable state and federal laws and the requirements of the Grant Agreement. Along with such provisions, the Redeveloper shall require that contractors and subcontractors performing work covered by this grant obtain all required permits, licenses, and certifications, and comply with all applicable state and federal Occupational Safety and Health Act regulations, especially the federal Hazardous Waste Operations and Emergency Response standards under Code of Federal Regulations, Title 29, Sections 1910.120 and 1926.65. Further all such contracts shall include necessary language to make clear that no such grant funds may be used, treated, or converted into any type of loan. (7) The Authority must certify to DEED that all contractors and subcontractors have been paid and that the work performed is determined to be satisfactory. The Redeveloper will provide a certification to the Authority that all contractors and subcontractors have been paid and that the work performed is determined to be satisfactory prior to seeking reimbursement for any related costs. (c) Whenever the Redeveloper desires a disbursement to be made hereunder, which shall be no more often than monthly, the Redeveloper shall submit to the Authority a draw request in the form attached as Schedule F duly executed on behalf of the Redeveloper accompanied by paid invoices or other comparable evidence that the cost has been incurred and paid or is payable by Redeveloper. Each draw request shall constitute a representation and warranty by the Redeveloper that all representations and warranties set forth in this Agreement are true and correct as of the date of such draw request. Such draw request shall also include all information required by the DEED Grant Agreement. 19 MN190\159\804148.v6 (d) If the Redeveloper has performed all of its agreements and complied with all requirements theretofore to be performed or complied with hereunder, the Authority shall submit such request to DEED, and make a disbursement to the Redeveloper in the amount of the requested disbursement or such lesser amount as shall be approved upon receipt of DEED Grant. Each disbursement shall be paid from the proceeds of the grant and is subject to the DEED's determination that the relevant DEED Redevelopment Costs is payable from the DEED Grant under the DEED Grant Agreement. Eligibility for reimbursement of any and all expenditures made by the Redeveloper is solely within the discretion of DEED and as represented in the DEED Grant Agreement, and the Redeveloper shall be solely responsible for providing adequate documentation for reimbursement pursuant to the terms of the DEED Grant Agreement. The Redeveloper understands and agrees that any reduction or termination of funds made available to DEED from the Redevelopment Grant Program may result in a like reduction in the amount of the grant proceeds that will be made available to the Redeveloper pursuant to this Agreement. Pursuant to Section 7.01 of the DEED Grant Agreement, the parties agree that none of the grant funds may be made available to any subgrantee or subrecipient without the prior written consent of DEED. The Authority has no obligation to provide proceeds of the DEED Grant unless and until such funds are disbursed by DEED. (e) The making of the final disbursement by the Authority under this Section shall be subject to the condition precedent that the Redeveloper shall be in compliance with all conditions set forth in this Section and further, that the Authority shall have received a lien waiver from each contractor for all work done and for all materials furnished by it for the DEED Redevelopment Costs. (f) Minnesota Statutes, § 116L.66, subd. 1, requires a business or private enterprise to list any vacant or new positions with the state workforce center if an entity receives $200,000 or more a year in grants from the State. The Redeveloper agrees to list all job vacancies in the Redeveloper's personnel complement with MinnesotaWorks.net at www.minnesotaworks.net. (g) Without limiting its obligations under Section 8.3 hereof, the Redeveloper agrees to indemnify, defend, and hold harmless the Indemnified Parties from any claims or causes of action, including attorney's fees incurred by the Indemnified Parties, arising from the performance of the DEED Grant Agreement by the Redeveloper, or its officers, agents or employees. The Redeveloper will further indemnify, defend, and hold harmless the Indemnified Parties from any claims or causes of action, including attorney's fees incurred by the Indemnified Parties, arising from the performance of or any obligations under the DEED Grant Agreement, including without limitation any obligation to pay or repay any amounts to DEED. The Redeveloper further covenants and agrees to repay the DEED Grant to DEED, should the Authority be required to repay the DEED Grant pursuant Minnesota Statutes 116J.575, subdivision 4 or the DEED Grant Agreement. The Redeveloper shall repay any amounts required under this paragraph (g) upon 30 days of a written request from the Authority. Section 3.12 Other Assistance. In addition to the reimbursement of a portion of Redeveloper's Public Redevelopment Costs through issuance of the TIF Note and the reimbursement of a portion of the Redeveloper's DEED Redevelopment Costs with the proceeds of the DEED Grant, the Authority will reimburse a portion of the Redeveloper's redevelopment costs and additional environmental investigation costs detailed in Schedule G (the "Authority Grant Costs") to be undertaken on the Redevelopment Property, pursuant to and in conformity with the Authority's Policy Statements for Management of Available Tax Increment Financing Funds, adopted by the 20 MN190\159\804148.v6 Authority on January 10, 2018, the 2022 Pooled TIF Allocation Plan, adopted on May 25, 2022 and the TIF Act. The grant shall be in the amount of $367,400 (the "Authority Grant") and shall be disbursed to the Redeveloper upon the occurrence of the following: (i) The Redeveloper having delivered to the Authority evidence of Authority Grant Costs paid or incurred in at least the principal amount of the Note as well as one or more certificates signed by the Redeveloper's duly authorized representative, containing the following: (A) a statement that each cost identified in the certificate is a Authority Grant Cost as defined in this Agreement and that no part of such cost has been included in any previous certification; (B) reasonable evidence that each identified Authority Grant Cost has been paid or incurred by or on behalf of the Redeveloper; and (C) a statement that, to the Redeveloper's knowledge, no uncured Event of Default by the Redeveloper has occurred and is continuing under this Agreement; the Authority may, if not satisfied that the conditions described herein have been met, return any certificate with a statement of the reasons why it is not acceptable and requesting such further documentation or clarification as the Authority may reasonably require; and (ii) The Redeveloper having received from the Authority the Certificate of Completion for the Minimum Improvements; and (iii) The Authority has received evidence that the projects for which the Authority Grant are being provided have been constructed and accepted by the City and the Authority has confirmed that the Redeveloper is in compliance with Planning Development Contract, including but not limited to the provisions therein relating to the projects consisting of the Authority Grant Costs. The Redeveloper shall be responsible for all Authority Grant Costs in excess of $367,400. Section 3.13 Business Subsidy Act. (a) Public Purpose. In order to satisfy the provisions of the Business Subsidy Act, the Redeveloper acknowledges and agrees that the amount of the "Business Subsidy" granted to the Redeveloper under this Agreement is the TIF Note, the Purchase Price Note, the Land Write Down, the DEED Grant, and the Authority Grant, and that the Business Subsidy is needed because the construction of the Minimum Improvements is not sufficiently feasible for the Redeveloper to undertake without the Business Subsidy due to the extraordinary costs of land acquisition, demolition, hazardous material remediation, and site improvements necessary to construct the Minimum Improvements on the proposed site. The public purpose of the Business Subsidy is to redevelop land in the City's downtown which is underutilized or characterized by blight, increase the tax base of the City and the State, increase jobs in the City and State (including construction jobs), and help provide a range of housing options in the City. (b) Operation of Site. The Redeveloper must continue operation of the Minimum Improvements as a mixed-use development (the "Qualified Facility") for at least 5 years after the Benefit Date (defined hereinafter), subject to the continuing obligation described in Section 10.3 of this Agreement. The improvements will be a Qualified Facility as long as the Minimum Improvements is operated by the Redeveloper for the aforementioned qualified uses. During any 21 MN190\159\804148.v6 period when the Minimum Improvements is vacant and not operated for the aforementioned qualified uses, the Minimum Improvements will not constitute a Qualified Facility. (c) Job and Wage Goals. The "Benefit Date" of the assistance provided in this Agreement is the earlier of the date of issuance of the Certificate of Completion or the date the Minimum Improvements is occupied by Redeveloper. By or before the "Compliance Date", defined as the date two years after the Benefit Date, the Redeveloper shall cause to be created at least 45 full- time jobs permanent to the Redevelopment Property. The Redeveloper shall cause the hourly wage of the new jobs to be at least $12.39 per hour, with benefits equal to at least $1.75 per hour. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Redeveloper's continuing obligations under Sections 3.12(b). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (d) Remedies. If the Redeveloper fails to meet the goals described in Section 3.13(b) and 3.13(c), the Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share" of the outstanding principal amount of the TIF Note and the Authority Grant together with interest on that amount at the implicit price deflator as provided in Section 116J.994, subd. 6 of the Business Subsidy Act, accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.12(b) 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the Authority's remedies under Article VIII hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.13), the Redeveloper agrees and understands that it may not receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of 5 years from the date of the failure or until the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first. 22 MN190\159\804148.v6 (e) Reports. The Redeveloper must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2024 and continuing until the later of (i) the date the goals stated in Section 3.13(b) and (c) are met; (ii) 30 days after expiration of the period described in Section 3.13(b); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.13(d). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. (f) Other assistance. There are no other state or local government agencies providing financial assistance for the Minimum Improvements other than the Authority and DEED, which is providing the DEED Grant. (g) Parent Corporation. The Redeveloper's parent corporation is [ ] Section 3.14. Payment of Administrative Costs. The Redeveloper is responsible for the payment of all "Administrative Costs" which term means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement, the TIF Plan, and other documents and agreements in connection with the development of the Redevelopment Property. On the Closing Date, the Redeveloper shall pay all outstanding Administrative Costs. The Redeveloper is obligated to pay such Administrative Costs within twenty (20) days after receipt of a written notice from the Authority containing evidence of the unpaid costs. If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of this Agreement, the Authority shall promptly return such balance to Redeveloper; provided that Redeveloper remains obligated to pay subsequent Administrative Costs related to any amendments to this Agreement requested by Redeveloper. Upon termination of this Agreement in accordance with its terms, the Redeveloper remains obligated under this section for Administrative Costs. Section 3.15. Assessment Agreement. Execution of Assessment Agreement. (a) The Redeveloper and the Authority agree to execute an Assessment Agreement relating to the Minimum Improvements pursuant to the provisions of Minnesota Statutes, Section 469.177, subdivision 8, specifying the minimum market value for the Redevelopment Property for calculation of real property taxes. Specifically, the Redeveloper shall agree to a market value for the Redevelopment Property of $18,500,000 commencing as of January 2, 2024 (the "Minimum Market Value"). (b) Nothing in the Assessment Agreement or this Agreement limits the discretion of the County Assessor to assign a market value to the property in excess of the Minimum Market Value nor prohibits the Redeveloper from seeking, through the exercise of legal or administrative remedies, a reduction in such market value for property tax purposes; provided however, the Redeveloper shall 23 MN190\159\804148.v6 not seek a reduction of such market value below the Minimum Market Value for any year so long as the Assessment Agreement remains in effect for that year. (c) The Assessment Agreement shall remain in effect until the earlier of (i) January 31, 2051, or (ii) the date on which the TIF District expires or is otherwise terminated. (d) The Assessment Agreement shall be certified by the County Assessor as provided in Section 469.177, subdivision 8 of the TIF Act, upon a finding by the County Assessor that the Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Minimum Improvements to be constructed on the Redevelopment Property and the market value previously assigned to the Redevelopment Property. (e) Pursuant to Section 469.177, subdivision 8 of the TIF Act, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of the County, and such fling shall constitute notice to any subsequent encumbrancer or purchaser of the Redevelopment Property, whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage on the Redevelopment Property. (f) The Assessment Agreement shall be filed, at the sole cost of the Redeveloper, against the Redevelopment Property prior to any lien or encumbrance on the Redevelopment Property, including any mortgage. 24 MN190\159\804148.v6 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property, in accordance with the approved Construction Plans, and will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2 Construction Plans. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit the Construction Plans to the Authority. The Construction Plans shall provide for the construction of the Minimum Improvements, as applicable, and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The Authority will approve such Construction Plans in writing if. (i) such Construction Plans conform to the terms and conditions of this Agreement and the Planning Development Contract; (ii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) such Construction Plans are adequate to provide for construction of the Minimum Improvements; and (iv) no Event of Default has occurred and remains uncured. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, the Planning Development Contract, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default or waiver of any State or City building or other code requirements that may apply. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within 30 days after the date of their receipt by the Authority. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within 30 days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. (b) The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. 25 MN190\159\804148.v6 (c) If the Redeveloper desires to make any material change in the Construction Plans after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within 30 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Nothing in this paragraph will relieve the Redeveloper of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any Authority officials regarding any City requirement related to construction of the Minimum Improvements. (d) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority does not constitute a representation or warranty by the Authority that the Construction Plans or the Minimum Improvements comply with any applicable building code, health or safety regulation, zoning regulation, environmental law, labor law or regulation, or other law or regulation, or that the Minimum Improvements will meet the qualifications for issuance of a certificate of occupancy, or that the Minimum Improvements will meet the requirements of the Redeveloper or any other users of the Minimum Improvements. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority will not constitute a waiver of an Event of Default. Nothing in this Agreement shall be construed to relieve the Redeveloper of its obligations to receive any required approval of the Construction Plans from any City department. Section 4.3 Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements not later than November 10, 2022. The construction of the Minimum Improvements shall be deemed to be commenced when physical improvements have been made to the Redevelopment Property, including grading, excavation, or other physical site preparation work (in accordance with a permit issued by the City). (b) Subject to Unavoidable Delays, the Redeveloper must substantially complete construction of all Minimum Improvements by November 30, 2024. The construction of the Minimum Improvements will be considered substantially complete on the date when (i) the Redeveloper has received a temporary or permanent certificate of occupancy issued by the City for the Minimum Improvements, as applicable, and (ii) the Authority has determined the Minimum Improvements have been constructed substantially in accordance with the approved Construction Plans as provided in Section 4.2 and the City has determined that the Minimum Improvements have been constructed substantially in accordance with the Planning Development Contract. Completion shall be evidenced by a Certificate of Completion as described in Section 4.4. (c) Developer agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that 26 MN190\159\804148.v6 such construction shall in any event be commenced and completed within the period specified in this Section 4.3. Subsequent to conveyance of the Redevelopment Property, or any part thereof, to the Redeveloper, and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Redeveloper with respect to such construction. Notwithstanding the forgoing, such requests made by the Authority shall be limited to once per month. (d) If the Redeveloper does not complete construction of the Minimum Improvements in accordance with the schedule set forth in Section 4.3 hereof, the Redeveloper shall repay the principal amount of the Purchase Price Note and the Land Write Down in full. The Redeveloper shall pay the Purchase Price Note and the Land Write Down within 60 days of written request from the Authority. Section 4.4 Certificate of Completion. At the request of the Redeveloper, the Authority will issue a Certificate of Completion in accordance with this Section. The Redeveloper may notify the Authority when construction of the Minimum Improvements has been substantially completed. The Authority shall, within 20 days after such notification, inspect the Minimum Improvements in order to determine whether the Minimum Improvements have been substantially completed and constructed in accordance with all local, state and federal laws and regulations (including without limitation environmental, labor, zoning, building code, housing code, and public health laws and regulations), and any applicable permits and in substantial conformity with this Agreement, the Planning Development Contract and the final Construction Plans approved by the Authority. Section 4.5. Records and Reports. (a) The Authority, through any authorized representatives, shall have the right at all reasonable times after reasonable written notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements that are reasonably relevant to the Redeveloper's obligations under this Agreement. Such records shall be kept and maintained by Redeveloper through the Termination Date. Notwithstanding the foregoing, such audit rights contained herein shall be limited to one request per month. (b) Upon request, the Redeveloper also agrees to submit to the Authority written reports so as to allow the Authority to remain in compliance with reporting requirements under state statutes. Section 4.6. Compliance with Environmental Requirements. (a) The Redeveloper shall comply with all applicable local, state, and federal environmental laws and regulations, and will obtain, and maintain compliance under, any and all necessary environmental permits, licenses, approvals or reviews. (b) The Authority makes no warranties or representations regarding, nor does it indemnify the Redeveloper with respect to, the existence or nonexistence on or in the vicinity of the Redevelopment Property or anywhere within the TIF District of any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as 27 MN190\159\804148.v6 defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collectively, the "Hazardous Substances") and Redeveloper waives any claims against the Authority for indemnification, contribution, reimbursement or other payments arising under federal and state law and the common law or relating to the environmental condition of the land comprising the Redevelopment Property. (c) The Redeveloper agrees to take all necessary action to remove or remediate any Hazardous Substances located on the Redevelopment Property to the extent required by and in accordance with all applicable local, state and federal environmental laws and regulations, and the Environmental Reports and the Phase I. (d) The Redeveloper acknowledges receipt of the Environmental Reports and the Phase I covering the Redevelopment Property and Redeveloper waives any claims against the Authority for indemnification, contribution, reimbursement or other payments arising under federal and state law and the common law or relating to the environmental condition of the land comprising the Redevelopment Property. Section 4.7. Planning Development Contract. The Redeveloper shall at all times comply with the Planning Development Contract. (The remainder of this page is intentionally left blank.) 28 MN190\159\804148.v6 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Commercial general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) together with an Owner's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Redeveloper may be self-insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Commercial general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided 29 MN190\159\804148.v6 that the Redeveloper may be self-insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction, and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. (e) In lieu of the Redeveloper's obligation to reconstruct the Minimum Improvements as set forth in this Section, the Redeveloper shall have the option of terminating the TIF Note and paying to the Authority an amount that, in the opinion of the Authority and its fiscal consultant, is sufficient to pay in full the outstanding principal and accrued interest on the Purchase Price Note and repay the Authority Grant and the Land Write Down. (f) The Redeveloper and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to Article VII of this Agreement. 30 MN190\159\804148.v6 ARTICLE VI Delinquent Taxes and Review of Taxes Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper agrees for itself, its successors, and assigns, that in addition to the obligation pursuant to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum Improvements. The Redeveloper acknowledges that this obligation creates a contractual right on behalf of the Authority through the Termination Date to sue the Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit in which the Authority is the prevailing party, the Authority shall also be entitled to recover its costs, expenses, and reasonable attorney fees. Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Termination Date, it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through: (a) willful destruction of the Minimum Improvements or any part thereof, (b) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement, except as otherwise provided in Section 5.1(e); or (c) engaging in any other proceedings, whether legal, administrative or equitable, with any administrative body in the County or State or court of the State or federal government to reduce the amount of real estate or other taxes assessed against the Redevelopment Property or the Minimum Improvements. The Redeveloper also agrees that it will not, prior to the Termination Date, apply for a deferral of property tax on the Redevelopment Property pursuant to any law, or transfer or permit transfer of the Redevelopment Property to any entity whose ownership or operation of the property would result in the Redevelopment Property being exempt from real estate taxes under State law. (The remainder of this page is intentionally left blank.) 31 MN190\159\804148.v6 ARTICLE VII Financing Section 7.1. Financing. (a) Before conveyance of the Redevelopment Property, the Redeveloper shall submit to the Authority evidence of one or more commitments for mortgage financing which, together with committed equity for such construction, is sufficient for the construction of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long-term take-out financing commitment, or any combination of the foregoing. (b) If the Authority finds that the mortgage financing is sufficiently committed and adequate in amount to provide for the construction of the Minimum Improvements, then the Authority shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within 30 days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within 30 days after such rejection. Section 7.2. Authority's ption to Cure Default on Mortgagee. In the event that there occurs a default under any Mortgage authorized pursuant to Article VII of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. 32 MN190\159\804148.v6 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until the Termination Date: (a) Except only by way of security for, and only for and the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under the Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of the Authority's board of commissioners, which may not be unreasonably withheld or delayed, subject to Section 8.2(b). The term "Transfer" does not include (i) encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property or to construct the Minimum Improvements or component thereof; (ii) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Minimum Improvements; or (iii) an assignment or other transfer to an Affiliate. (b) In the event the Redeveloper, upon Transfer of the Redevelopment Property, seeks to be released from its obligations under this Agreement, the Authority shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such Transfer that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement and the Purchase Price Note by the Redeveloper. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement (including the Purchase Price Note) and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the 33 MN190\159\804148.v6 Authority of any rights or remedies or controls with respect to the Redevelopment Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement and the Purchase Price Note or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. (iv) The Redeveloper and its transferees shall comply with such other conditions as the Authority may reasonably require in order to achieve and safeguard the purposes of the TIF Act and this Agreement. (v) The Redeveloper agrees to pay all reasonable costs and expenses, including fees of legal counsel retained by the Authority, to review the documents submitted to the Authority in connection with any such transfer. In the event the foregoing conditions are satisfied then the Redeveloper shall be released from its obligation under this Agreement. The Authority shall execute and provide any and all documentation reasonably requested by Redeveloper evidencing the same at the Redeveloper's cost and expense. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Indemnified Parties shall not be liable for and agrees to indemnify and hold harmless the Authority and the governing body members, officers, agents and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements or the Redevelopment Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Redeveloper agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements. 34 MN190\159\804148.v6 (c) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents or employees or any other person who may be about the Redevelopment Property or Minimum Improvements. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent or employee of the Authority or the City in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 35 MN190\159\804148.v6 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non -defaulting party provides sixty (60) days' written notice to the defaulting party of the event, but only if the event has not been cured within said sixty (60) days or, if the event is by its nature incurable within sixty (60) days, the defaulting party does not, within such sixty (60) day period, provide assurances reasonably satisfactory to the party providing notice of default that it is proceeding with due diligence to cure such default and the event will be cured as soon as reasonably possible: (a) any failure by either parry to this Agreement to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or under any other agreement entered into between the Redeveloper and the Authority in connection with development of the Redevelopment Property; (b) any default by Redeveloper under a Mortgage, if any; (c) any failure by the Redeveloper to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under the Planning Development Contract; and (d) failure by the Redeveloper to timely pay any ad valorem real property taxes assessed with respect to the Redevelopment Property. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section 9.2: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under this Agreement. (b) The Authority may cancel and rescind or terminate this Agreement and/or the TIF Note. (c) The Authority may suspend its performance under this Agreement and the TIF Note. Interest on the TIF Note shall not accrue during the period of any suspension of payment. (d) The Authority may demand that the Redeveloper immediately repay the outstanding principal balance of and interest on the Purchase Price Note and repay the Authority Grant and the Land Write Down. (e) The Authority may take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, 36 MN190\159\804148.v6 or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. The Authority agrees that any mortgagee of the Redevelopment Property will have the right, but not the obligation, to cure any default by Redeveloper and any such cure will be deemed to have been made by Redeveloper. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. (The remainder of this page is intentionally left blank.) 37 MN190\159\804148.v6 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or County or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in this Agreement it will comply with all applicable federal, state, and local equal employment and non- discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and its successors and assigns, shall use the Redevelopment Property for the operation of the Minimum Improvements for uses described in the definition of such term in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, electronic mail with confirmed receipt, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 4510 3rd Street S., Moorhead, MN 56560, Attn: Mark Buchholz, Email: mdbuchholz@gmail.com; and 38 MN190\159\804148.v6 (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, Attn: EDA Executive Director, jim.thares@ci.monticello.mn.us and Community Development Director at angela.schumann@ci.monticello.mn.us. (c) or at such other address with respect to either such parry as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Wright County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative as determined by the Authority in their sole discretion. Section 10.11. Termination. This Agreement terminates on the Termination Date. Upon termination of this Agreement, the Authority shall promptly execute any reasonable documents necessary to remove this Agreement from the title records of the Redevelopment Property. Notwithstanding the foregoing, the Redeveloper's obligations under Sections 3.3(d) and (e), 3.11(g), 4.6, 8.3 and 3.12 shall survive termination. Section 10.12. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 39 MN190\159\804148.v6 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2022, by and , the President and Executive Director of the City of Monticello Economic Development Authority, a public body corporate and politic, on behalf of the Authority. Notary Public S-1 MN190\159\804148.v6 DEEPHAVEN DEVELOPMENT LLC, a Minnesota limited liability company LOCA STATE OF MINNESOTA ) SS. COUNTY OF ) Its The foregoing instrument was acknowledged before me this day of , 2022 by , the of Deephaven Development LLC, a Minnesota limited liability company, on behalf of the company. Notary Public S-1 MN190\159\804148.v6 SCHEDULE A Development Property The real property in the City of Monticello, County of Wright, State of Minnesota, legally described as follows: That part of Block 52, TOWNSITE OF MONTICELLO, Wright County, Minnesota lying southeasterly of the following described line: Commencing at the most northerly corner of said Block 52; thence southeasterly along the northeasterly line of said Block 52, a distance of 183.88 feet to the northwesterly line of the southeasterly 15.00 feet of Lot 13, said Block 52, being the point of beginning of the line to be described; thence southwesterly along said northwesterly line a distance of 94.52 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 21.83 feet; thence southwesterly parallel with the southeasterly line of said Block 52, a distance of 107.48 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 82.85 feet to the westerly line of the Easterly 20.00 feet of Lot 3, said Block 52; thence southwesterly along said westerly line, a distance of 128.50 feet to the southwesterly line of said Block 52 and said line there terminating. To be replatted as follows: Lot 2, Block 1, Block 52 First Addition A-1 MN190\159\804148.v6 SCHEDULE B FORM OF QUIT CLAIM DEED op 3 inches reserved for recordi QUIT CLAIM DEED DEED TAX DUE: $ DATE: ECRV: (month/day/year) FOR VALUABLE CONSIDERATION, City of Monticello Economic Development Authority (insert name of Grantor) a public body corporate and politic under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to Deephaven Development LLC (insert name of Grantee) a Minnesota limited liability company under the laws of Minnesota, ("Grantee"), real property in Wright County, Minnesota, legally described as follows: That part of Block 52, TOWNSITE OF MONTICELLO, Wright County, Minnesota lying southeasterly of the following described line: Commencing at the most northerly corner of said Block 52; thence southeasterly along the northeasterly line of said Block 52, a distance of 183.88 feet to the northwesterly line of the southeasterly 15.00 feet of Lot 13, said Block 52, being the point of beginning of the line to be described; thence southwesterly along said northwesterly line a distance of 94.52 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 21.83 feet; thence southwesterly parallel with the southeasterly line of said Block 52, a distance of 107.48 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 82.85 feet to the westerly line of the Easterly 20.00 feet of Lot 3, said Block 52; thence southwesterly along said westerly line, a distance of 128.50 feet to the southwesterly line of said Block 52 and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances and subject to the Right of Re -Entry for Breach of Condition Subsequent in favor of Grantor which is described on Exhibit A. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described property. X A well disclosure certificate accompanies this document (If electronically filed, insert WDC number: ). ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property B-1 MN 190\ 159\804148.v6 City of Monticello Economic Development Authority By: Steve Johnson By: Its: President have not changed since the last previously Jim Thares filed well disclosure certificate. Its: Executive Director State of Minnesota, County of WRIGHT This instrument was acknowledged before me on , 20 by Steve Johnson, as President and by Jim Thares, as Executive Director of the City of Monticello Economic Development Authority (the "Authority"), a public body corporate and politic under the Constitution and laws of the State of Minnesota, on behalf of the Authority. THIS INSTRUMENT WAS DRAFTED BY (insert name and address) Kennedy & Graven, Chartered (GAF) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 MN 190\ 159\804148.v6 Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) c/o Deephaven Development LLC 4510 V Street S. Moorhead, MN 56560 IN EXHIBIT A TO QUIT CLAIM DEED EXECUTED BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, GRANTOR, IN FAVOR OF DEEPHAVEN DEVELOPMENT LLC, GRANTEE. The City of Monticello Economic Development Authority (the "Grantor") is conveying the property described in the attached Quit Claim Deed (the "Development Property") to Deephaven Development LLC ("Grantee") subject to a right of re-entry for breach of conditions subsequent in favor of Grantor. The condition subsequent (such agreement, as the same may be modified or amended, the "Development Agreement" by and between the Grantor and Grantee in connection with this) (capitalized terms utilized herein and not separately defined shall have the meanings ascribed to them in the Development Agreement) is that barring any Unavoidable Delays, the Redeveloper shall have completed, by June 15, 2023, construction of the foundation of the Minimum Improvements (as those terms are defined in the Development Agreement) on the Redevelopment Property in accordance with permits issued by the Grantor. If, solely as a result of the City's own willful misconduct, the City takes more than 30 days to review the Redeveloper's complete request for a building permit, the date in the preceding sentence shall be extended by the number of days in excess of 30 that it takes the City to issue a building permit. If the Grantee breaches the condition subsequent, and does not cure such breach within the period and in the manner provided in the Development Agreement, the Grantee shall re -convey the Redevelopment Property to the Grantor. If the Grantee fails to re -convey the Redevelopment Property to the Grantor, the Grantor may elect to exercise its right of reentry by commencing an action in Wright County District Court to establish the breach of the condition subsequent. If the Grantor exercises its right of reentry and establishes a breach of the condition subsequent, title to and the right to possession of the Redevelopment Property and title to all improvements located thereon reverts to the Grantor, and the Grantee is not entitled to any compensation from the City or the Grantor for the value of the Redevelopment Property or any improvements the Grantee has made thereto except as specifically provided in the Development Agreement. The Grantee shall notify the Grantor when the Grantee has completed, or caused to be completed, construction of the foundation of the Minimum Improvements on the Redevelopment Property in accordance with permits issued by the Grantor. The Grantor shall, within 20 days after such notification, inspect the Redevelopment Property in order to determine whether the Grantee has completed construction of the foundation of the Minimum Improvements in accordance with permits issued by the Grantor. If the Grantor determines the Grantee has completed construction of the foundation of the Minimum Improvements in accordance with permits issued by the Grantor, the Grantor will furnish to the Grantee a Certificate of Release in the form attached hereto as Exhibit B, or as may otherwise be required by the County Recorders' Office, releasing the Redevelopment Property from the right -of -reentry The Certificate of Release issued for the Redevelopment Property shall conclusively satisfy and terminate the right of reentry of the Grantor with respect to the Redevelopment Property in this Quit Claim Deed or the Development Agreement. The Grantee must record the Certificate of B-3 MN190\159\804148.v6 Release in the proper County land records. EXHIBIT B TO QUIT CLAIM DEED EXECUTED BY THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, GRANTOR, IN FAVOR OF DEEPHAVEN DEVELOPMENT LLC, GRANTEE. CERTIFICATE OF RELEASE Recitals. Recital One. Deephaven Development LLC, a Minnesota limited liability company (the "Grantee") is the owner of the real property legally described in Exhibit A hereto (the "Development Property"). Recital Two. Grantee acquired title to the Redevelopment Property subject to a right of reentry for breach of conditions subsequent in favor of the Grantor (the "Right of Reentry") set forth in a deed from the City of Monticello Economic Development Authority (the "Grantor") dated , 2022 and recorded in the office of the Wright County Registrar of Titles /Wright County Recorder on as Document No. (the "Deed"). Recital Three. The Grantee is a party to a Purchase and Development Contract between the Grantor and the Grantee, dated August , 2022 (such agreement, as the same may be modified or amended, the "Development Agreement") (capitalized terms utilized herein and not separately defined shall have the meanings ascribed to them in the Development Agreement). Recital Four. Pursuant to the Development Agreement the Grantee is obligated to have completed, or caused to be completed, by June 15, 2023, construction of the foundation of the Minimum Improvements in accordance with permits issued by the Grantor. Recital Five. The Grantor's Right of Reentry would be triggered by the Grantee's failure to have completed, or caused to be completed, by June 15, 2023, construction of the foundation of the Minimum Improvements in accordance with permits issued by the City of Monticello, Minnesota. Recital Six. The Grantee has represented to the Grantor that the Grantee has completed, by June 15, 2023, construction of the foundation of the Minimum Improvements in accordance with permits issued by the Grantor and has requested this Certificate of Release from the Grantor. Certificate of Release. The Grantor hereby certifies that the Grantee has satisfied its obligations with respect to completing, or causing to be completed, by June 15, 2023, construction of the foundation of the Minimum Improvements in accordance with permits issued by the Grantor. The Grantor further acknowledges and agrees that the Redevelopment Property is released from the Right of Reentry. Modification of Development Agreement. Section 3.8 of the Development Agreement is hereby B-4 MN190\159\804148.v6 deleted in its entirety. IN WITNESS WHEREOF, the Grantor has caused this certificate to be duly executed on its behalf this day of , 20 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Its: Executive Director STATE OF MINNESOTA COUNTY OF WRIGHT This instrument was acknowledged before me on , 20 by , as President and by , as Executive Director of the City of Monticello Economic Development Authority, a public body corporate and politic under the Constitution and laws of the State of Minnesota, on behalf of the Authority. Notary Public DRAFTED BY: Kennedy & Graven, Chartered (GAF) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 B-5 MN190\159\804148.v6 EXHIBIT A TO CERTIFICATE OF RELEASE LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY The real property in the City of Monticello, County of Wright, State of Minnesota, legally described as follows: [INSERT] B-6 MN190\159\804148.v6 SCHEDULE C PURCHASE PRICE NOTE Dated 92022 Deephaven Development LLC, a Minnesota limited liability company (the "Developer"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay, solely from Purchase Price Note Pledged Tax Increment as provided herein, to the City of Monticello Economic Development Authority (the "EDA") the principal sum of One Million Three Hundred Fifty One Thousand Six Hundred Seventeen and NO/ 100 Dollars ($1,351,617.00). The principal amount of this Purchase Price Note (the "Note") shall equal, from time to time, the principal amount stated above, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. This Note is issued pursuant to that certain Purchase and Development Contract, dated as of , 2022, as the same may be amended from time to time (the "Development Agreement"), by and between the EDA and the Redeveloper. This Note bears interest until paid at a rate equal to 3.00% per annum (computed on the basis of a 360 -day year, of twelve 30 -day months). The Redeveloper acknowledges that the EDA will credit Purchase Price Note Pledged Tax Increment (as defined in the Development Agreement) to the payment of this Note pursuant to the Purchase Price Loan (as defined in the Development Agreement). If, as of the termination date of the TIF District (as defined in the Assistance Agreement), the EDA has received Purchase Price Note Pledged Tax Increments available for the payment of this Note in an amount less than $1,351,617.00 plus accrued interest thereon, the EDA will forgive the remaining principal amount of this Note plus accrued interest thereon. This Note is prepayable at any time without penalty and the EDA may use apply other EDA funds to the prepayment of this Note. IN WITNESS WHEREOF, Deephaven Development LLC, has caused this Note to be executed and delivered as of the date first written above. DEEPHAVEN DEVELOPMENT LLC A Minnesota limited liability company By:_ Name: Its: MN 190\ 159\804148.v6 C-1 SCHEDULE D FORM OF CERTIFICATE OF COMPLETION CERTIFICATE OF COMPLETION WHEREAS, the City of Monticello Economic Development Authority (the "Authority") and Deephaven Development LLC ("Developer") entered into a certain Purchase and Development Contract dated August _, 2022 (the "Contract"), recorded at the office of the County Recorder of Wright County as Document No. ; and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to constructing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the Minimum Improvements specified to be done and made by the Redeveloper have been completed and the agreements and covenants in Articles III and IV of the Contract relating to such construction have been performed by the Redeveloper, and this Certificate is a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the Minimum Improvements, but any other covenants in the Contract shall remain in full force and effect. MN 190\ 159\804148.v6 D-1 Dated: 120_ STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Authority Representative The foregoing instrument was acknowledged before me this day of 20, by , the of the City of Monticello Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the authority. Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered (GAF) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 Telephone: (612) 337-9300 (Signature page to Certificate of Completion) MN190\159\804148.v6 D-2 SCHEDULE E AUTHORIZING RESOLUTION CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAX INCREMENT REVENUE NOTE TO DEEPHAVEN DEVELOPMENT LLC AND APPROVING A PURCHASE AND DEVELOPMENT CONTRACT WITH DEEPHAVEN DEVELOPMENT LLC INCLUDING THE CONVEYANCE OF LAND AND APPROVING GRANT AND BUSINESS SUBSIDY AGREEMENT THEREIN BE IT RESOLVED BY the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority, Monticello, Minnesota (the "Authority") as follows: Section 1. Recitals. 1.01. Authorization. The Authority and the City of Monticello, Minnesota (the "City") have approved the establishment of its Tax Increment Financing (Redevelopment) District No. 1- 45 ((the "TIF District"), within the Central Monticello Redevelopment Project No. 1 ("Redevelopment Project") and have adopted a tax increment financing plan therefore for the purpose of financing certain public improvements within the Redevelopment Project. 1.02. To facilitate development of certain property in the TIF District, the Authority proposes to enter into a Purchase and Development Contract (the "Agreement") with Deephaven Development LLC, a Minnesota limited liability company, or an affiliate thereof or entity related thereto (the "Redeveloper"), under which among other things the Authority will convey to the Redeveloper, certain property described in Exhibit A attached hereto (the "Redevelopment Property") at a cost below market value in order for the Redeveloper to construct an mixed-use five -story building located on the Redevelopment Property that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower - level parking spaces and 114 adjacent off-street parking stalls (the "Minimum Improvements"). 1.03. The Authority proposes to sell the Redevelopment Property to the Redeveloper at the price of $1,484,100 which will be paid from cash in the amount of $1.00, and a land write down from the Authority in the amount of $132,482 (the "Land Write Down"), and a Purchase Price Note (the "Purchase Price Note") from the Redeveloper in the amount of $1,351,617.00 which will be repaid from available tax increment generated by the Redevelopment Property in accordance with the Agreement. In addition, the Authority proposes to reimburse the Redeveloper for certain public redevelopment costs in the amount not to exceed $2,867,954 through the issuance of a pay as you go B-1 MN190\159\804148.v6 tax increment financing note (the "TIF Note") and in an amount not to exceed $367,400 through the provision of a grant (the "Authority Grant"), subject to the terms and conditions set forth in the Agreement. Finally, the Authority also proposes to reimburse the Redeveloper for a portion of the demolition and hazardous materials removal work on the Redevelopment Property in an amount not to exceed $517,500 (the "DEED Grant") pursuant to a Redevelopment Grant Contract Agreement number RDGP-22-0009-o-FY22, effective as of April 1, 2022, between the Authority and the State of Minnesota, acting through the Department of Employment and Economic Development, Business and Community Development. 1.04. The Purchase Price Note, the Land Write Down the TIF Note, the Authority Grant, and the DEED Grant constitute a "business subsidy" exceeding $150,000 within the meaning of Minnesota Statutes, Section 1161993 to 116J.995, as amended (the "Business Subsidy Act"), and the Agreement includes a "business subsidy agreement" as required under the Business Subsidy Act. 1.05. On the date hereof, the Authority conducted a duly noticed public hearing regarding the conveyance of the Redevelopment Property to the Redeveloper pursuant to the Agreement and the business subsidy agreement, at which all interested parties were given an opportunity to be heard, and hereby finds that the execution of the Agreement and performance of the Authority's obligations thereunder, including the conveyance of the Redevelopment Property to the Redeveloper and the business subsidy agreement, are in the best interest of the City and its residents. Section 2. Agreement Containing Land Sale and Business Subsidy Approved. 2.01 The Board approves the Agreement in substantially the form presented to the Board, together with any related documents necessary in connection therewith, including without limitation the business subsidy agreement provided therein, all documents, exhibits, certifications, or consents referenced in or attached to the Agreement including without limitation the Deed and any documents required by the title company relating to the conveyance of property (all as defined in the Agreement) (the "Development Documents"). The Board hereby approves the conveyance of the Development Property to the Redeveloper in accordance with the terms of the Agreement. 2.02. The Board hereby authorizes the President and Executive Director, in their discretion and at such time, if any, as they may deem appropriate, to execute the Development Documents on behalf of the Authority, and to carry out, on behalf of the Authority, the Authority's obligations thereunder when all conditions precedent thereto have been satisfied. The Development Documents shall be in substantially the form on file with the Authority and the approval hereby given to the Development Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the Development Documents shall not be effective until the date of execution thereof as provided herein. 2 MN190\159\804148.v6 2.03. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the Development Documents, the officers and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Board to implement the Development Documents, including without limitation the issuance of tax increment revenue obligations thereunder when all conditions precedent thereto have been satisfied and reserving funds for the payment thereof in the applicable tax increment accounts and the crediting of tax increments to the payment of the Purchase Price Note when all conditions precedent thereto have been satisfied. Section 3. TIF Note Authorized and Approved. 3.01. The Authority hereby approves issuance of the TIF Note pursuant to the Agreement. The TIF Note shall be issued in the maximum aggregate principal amount of $2,867,954 to the Redeveloper in consideration of certain eligible costs incurred by the Redeveloper under the Agreement, shall be dated the date of delivery thereof, and shall bear interest at a rate of 5.15%. The TIF Note will be issued in a single series designated Taxable Tax Increment Revenue Note (Block 52 Project) issued in the principal amount of $2,867,954 to reimburse the Redeveloper for certain costs in accordance with the Agreement. The TIF Note is secured by TIF Note Available Tax Increment, as further described in the form of the TIF Note attached hereto as Exhibit B. The Authority hereby delegates to the Executive Director the determination of the date on which the TIF Note is to be delivered, in accordance with the Agreement. Section 4. Form of TIF Note: Terms and Delivery of TIF Note. 4.01 The TIF Note shall be in substantially the form attached hereto as Exhibit B, with the blanks to be properly filled in and the principal and interest rate amounts adjusted as of the date of issue. 4.02. Denomination, Payment. The TIF Note shall be issued as a single typewritten note numbered R-1. The TIF Note shall be issuable only in fully registered form. Principal of and interest on the TIF Note shall be payable by check or draft issued by the Registrar described herein. 4.03. Dates; Interest Payment Dates. Principal of and interest on the TIF Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 4.04. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: MN190\159\804148.v6 (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the TIF Note and the registration of transfers and exchanges of the TIF Note. (b) Transfer of TIF Note. Upon surrender for transfer of the TIF Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, and consent to such transfer by the Authority if required pursuant to the Agreement, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new TIF Note of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The TIF Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the TIF Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is reasonably satisfied that the endorsement on such TIF Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the TIF Note is at any time registered in the bond register as the absolute owner of the TIF Note, whether the TIF Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such TIF Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such TIF Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the TIF Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed TIF Note. In case any TIF Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new TIF Note of like amount, Termination Dates and tenor in exchange and substitution for and upon cancellation of such mutilated TIF Note or in lieu of and in substitution for such TIF Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the TIF Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such TIF Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The TIF Note so surrendered to the Registrar shall be cancelled by it and evidence of such 4 MN190\159\804148.v6 cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed TIF Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new TIF Note prior to payment. 4.05. Preparation and Delivery. The TIF Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the TIF Note shall cease to be such officer before the delivery of the TIF Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the TIF Note has been so executed, it shall be delivered by the Executive Director to the owner thereof in accordance with the Agreement. Section 5. Security Provisions. 5.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the TIF Note all TIF Note Available Tax Increment as defined in the TIF Note. TIF Note Available Tax Increment shall be applied to payment of the principal of and interest on the TIF Note in accordance with the terms of the form of TIF Note set forth in Section 2 of this resolution. Section 6. Certification of Proceedinas. 6.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the owner of the TIF Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the TIF Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 7. Effective Date. This resolution shall be effective upon approval. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority on August 10, 2022. President ATTEST: Executive Director 5 MN190\159\804148.v6 EXHIBIT A DESCRIPTION OF REDEVELOPMENT PROPERTY The real property in the City of Monticello, County of Wright, State of Minnesota, described as the following addresses: 101 W Broadway Street, 107 W Broadway Street, 113 W Broadway Street, 121 W Broadway Street, 103 Pine Street, 112 W River Street That part of Block 52, TOWNSITE OF MONTICELLO, Wright County, Minnesota lying southeasterly of the following described line: Commencing at the most northerly corner of said Block 52; thence southeasterly along the northeasterly line of said Block 52, a distance of 183.88 feet to the northwesterly line of the southeasterly 15.00 feet of Lot 13, said Block 52, being the point of beginning of the line to be described; thence southwesterly along said northwesterly line a distance of 94.52 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 21.83 feet; thence southwesterly parallel with the southeasterly line of said Block 52, a distance of 107.48 feet; thence northwesterly parallel with the southwesterly line of said Block 52, a distance of 82.85 feet to the westerly line of the Easterly 20.00 feet of Lot 3, said Block 52; thence southwesterly along said westerly line, a distance of 128.50 feet to the southwesterly line of said Block 52 and said line there terminating. To be replatted as follows: Lot 2, Block 1, Block 52 First Addition E-1 MN190\159\804148.v6 EXHIBIT B UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE NOTE SERIES 20_ (BLOCK 52 PROJECT) Rate 5.15% $2,867,954.00 Date of Original Issue , 20 The City of Monticello Economic Development Authority (the "Authority") for value received, certifies that it is indebted and hereby promises to pay to Deephaven Development LLC, a Minnesota limited liability company, or registered assigns (the "Owner"), the principal sum of $2,867,954.00 and to pay interest thereon at the rate of 5.15% per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall have the meanings provided in the Purchase and Development Contract between the Authority and the Owner, dated as of , 2022 (the "Agreement"), unless the context requires otherwise. 1. Pam. Principal and interest (the "Payments") shall be paid on August 1, 2025 and each February 1 and August 1 thereafter ("Payment Dates") to and including February 1, 2051 (the "Maturity Date") in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. This Note shall be paid solely from TIF Note Available Tax Increment (as hereinafter defined). TIF Note Available Tax Increment will not include any Tax Increment (as defined the Agreement) if, as of any Payment Date, there is an uncured Event of Default under the Agreement. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon sixty (60) days written notice to the Authority. Payments on this TIF Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. The Note shall bear simple non -compounding interest. 3. TIF Note Available Tax Increment. (a) Payments on this TIF Note are payable on each Payment Date solely from and in the amount of TIF Note Available Tax Increment, which shall mean: MN190\159\804148.v6 E-2 (i) on Payment Dates August 1, 2025 through February 1, 2030, one hundred percent (100%) of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is actually paid to the Authority by Wright County in the six (6) months preceding the Payment Date; and (ii) on Payment Dates August 1, 2030 through February 1, 2051, seventy-five percent (75%) of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is actually paid to the Authority by Wright County in the six (6) months preceding the Payment Date. (b) The Authority shall have no obligation to pay principal of and interest on this TIF Note on each Payment Date from any source other than TIF Note Available Tax Increment and the failure of the Authority to pay the entire amount of principal or interest on this TIF Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of TIF Note Available Tax Increment. The Authority shall have no obligation to pay any unpaid balance of principal or accrued interest that may remain after the final Payment on the Maturity Date. 4. Default. The Authority's payment obligations shall be subject to Sections 9.1 and 9.2 of the Agreement and are further subject to the conditions that (i) no Event of Default under Section 9.1 of the Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder; and (ii) the Agreement and this TIF Note shall not have been terminated in accordance with Section 9.2 of the Agreement. Any such suspended and unpaid amounts shall become payable, without interest accruing thereon in the meantime, if this TIF Note has not been terminated in accordance with Section 9.2 of the Agreement and said Event of Default shall thereafter have been cured in accordance with Section 9.2. If pursuant to the occurrence of an Event of Default under the Agreement the Authority elects, in accordance with the Agreement, to cancel and rescind the Agreement and/or this TIF Note, the Authority shall have no further obligation under this TIF Note whatsoever. Reference is hereby made to all of the provisions of the Agreement, for a fuller statement of the rights and obligations of the Authority to pay the principal of this TIF Note and the interest thereon, and said provisions are hereby incorporated into this TIF Note as though set out in full herein. 5. Prepayment. The principal sum and all accrued interest payable under this TIF are prepayable at the option of the Authority at any time. 6. Nature of Obligation. This TIF Note is one of an issue in the total principal amount of $2,867,954, issued to aid in financing certain Public Redevelopment Costs of a Redevelopment Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.090 through 469.108 1, as amended, and Section 469.001 through 469.047, as amended, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the Authority on July 13, 2022, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.1794, as amended. This TIF Note is a limited obligation of the Authority which is payable solely from TIF Note Available Tax Increment pledged to the payment hereof under the Resolution. This TIF Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political MN190\159\804148.v6 E-3 subdivision thereof, including, without limitation, the Authority or the City of Monticello, Minnesota (the "City"). Neither the State of Minnesota, the City, the Authority nor any political subdivision thereof shall be obligated to pay the principal of or interest on this TIF Note or other costs incident hereto except out of TIF Note Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota , the City, the Authority, or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Note or other costs incident hereto. THE AUTHORITY MAKES NO REPRESENTATION OR WARRANTY THAT THE TIF NOTE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THIS NOTE. 7. Registration and Transfer. This TIF Note is issuable only as a fully registered TIF Note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this TIF Note is transferable upon the books of the Authority kept for that purpose at the principal office of the Executive Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this TIF Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new TIF Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates, within 15 days after the delivery by the Owner of its request and approval of such request by the Authority if required under the Agreement. Except as otherwise provided in the Agreement, this TIF Note shall not be transferred to any person or entity, unless the Authority has provided written consent to such transfer and the Authority is provided with an investment letter in a form satisfactory to the Authority. The Registrar may close the books for registration of any transfer after the fifteenth (15th) day of the month preceding each Payment Date and until such Payment Date. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this TIF Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the City of Monticello Economic Development Authority have caused this TIF Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY MN190\159\804148.v6 E_4 Executive Director President REGISTRATION PROVISIONS The ownership of the unpaid balance of the within TIF Note is registered in the bond register of the City Finance Director, in the name of the person last listed below. Date of Registration Registered Owner , 20 Deephaven Development LLC Federal Tax LD No MN190\159\804148.v6 E-5 Signature of Executive Director SCHEDULE F DISBURSEMENT REQUEST TO: City of Monticello Economic Development Authority 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 Attn: Executive Director DISBURSEMENT DIRECTION The undersigned authorized representative (the "Authorized Representative") of Deephaven Development LLC, a Minnesota limited liability company, (the "Redeveloper"), hereby authorizes and requests you to disburse from proceeds of the DEED Grant in accordance with the terms of the Purchase and Development Contract, dated '2022 (the "Agreement"), between the City of Monticello Economic Development Authority ("Authority") and the Redeveloper, the following amount to the following person and for the following proper DEED Redevelopment Costs: Amount: 2. Payee: 3. Purpose: 4. Grant Source: all as defined and provided in the Agreement. The undersigned further certifies to the Authority that (a) none of the items for which the payment is proposed to be made has formed the basis for any payment previously made under Article III the Agreement (or before the date of the Agreement); (b) that each item for which the payment is proposed is an DEED Redevelopment Cost, eligible for funding from the grant source identified above; and (c) the Redeveloper reasonably anticipates completion of the DEED Redevelopment Costs and the Minimum Improvements in accordance with the terms of the Agreement. Dated: Redeveloper's Authorized Representative F-1 MN190\159\804148.v6 SCHEDULE G AUTHORITY GRANT COST Estimated Costs for the Authority Grant Items are shown below. The total Authority Grant is not to exceed (capped at) $367,400. The Redeveloper shall be responsible for all costs in excess of $367,400. Parking Paving Parking Lot Excavation Internal Sidewalk and Landscaping Street Sidewalks Plaza Concrete and Landscaping ROW Landscape/Streetscape Environmental Study — Phase II G-1 MN190\159\804148.v6 $80,000.00 $80,000.00 $80,000.00 $55,000.00 $55,000.00 $55,000.00 $15,400 $420,400 EXHIBIT H FORM OF MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT (the "Agreement"), dated as of this day of , 2022, is between the CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY (the "EDA") and DEEPHAVEN DEVELOPMENT LLC, a limited liability company (the "Redeveloper"). WITNESSETH WHEREAS, on or before the date hereof the EDA and Redeveloper have entered into a Purchase and Development Contract dated as of , 2022 (the "Development Agreement") regarding certain real property located in the City of Monticello, Minnesota (the "City") the description of which is attached hereto as Exhibit A (the "Redevelopment Property"); and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Redeveloper will undertake the construction of an approximately constructing a mixed-use five - story building on the Redevelopment Property that will include approximately 87 rental housing units and 27,342 square feet of commercial retail and office space, with approximately 83 lower - level parking spaces and 114 adjacent off-street parking stalls (the "Project"), in accordance with plans and specifications approved by the EDA; and WHEREAS, the EDA and Redeveloper desire to establish a minimum market value for the Redevelopment Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177; and WHEREAS, the Redeveloper has acquired the Redevelopment Property; and WHEREAS, the EDA and the County Assessor of Wright County have reviewed plans and specifications for the Project; and NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2024, the minimum market value, which shall be assessed for the Redevelopment Property for taxes payable 2025 and in each year thereafter, shall not be less than $18,500,000. 2. The minimum market values herein established shall be of no further force and effect after assessment on or before January 31, 2050, for taxes payable in 2051; provided, however, this Agreement shall terminate on such date as the TIF District (as defined in the Development Agreement) is decertified (the "Termination Date"). 3. This Agreement shall be recorded by the EDA with the County Recorder of Wright County, Minnesota and in the Office of the Wright County Registrar of Titles. The Redeveloper shall pay all costs of recording. H-1 MN190\159\804148.v6 4. Neither the preambles nor provisions of this Agreement are intended to, or shall they be construed as, modifying the terms of the Development Agreement between the EDA and the Redeveloper. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, shall be governed by and interpreted pursuant to Minnesota law, and may be executed in counterparts, each of which shall constitute an original hereof and all of which shall constitute one and the same instrument. This Instrument Drafted By: Kennedy & Graven, Chartered (GAF) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 H-2 MN190\159\804148.v6 IN WITNESS WHEREOF, the EDA and the Redeveloper have caused this Minimum Assessment Agreement to be executed in their names and on their behalf all as of the date set forth above. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By President By Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 202_ by , the President of the City of Monticello Economic Development Authority, a body corporate and politic organized and existing under the Constitution and laws of the State of Minnesota, on behalf of said Authority. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 202_ by , the Executive Director of the City of Monticello Economic Development Authority, a body corporate and politic organized and existing under the Constitution and laws of the State of Minnesota, on behalf of said Authority. Notary Public H-3 MN190\159\804148.v6 DEEPHAVEN DEVELOPMENT LLC Name: Its: STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this , 2022, by , the of Deephaven Development LLC, a Minnesota limited liability company, on behalf of the company. Notary Public H-4 MN190\159\804148.v6 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the Assessment Agreement dated as of , 2022 by and City of Monticello Economic Development Authority and Deephaven Development LLC, the plans and specifications for the Project, as defined in the foregoing Minimum Assessment Agreement, and the market value currently assigned to land upon which the improvements are to be constructed and being of the opinion that the minimum market value contained in the Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the minimum market value of $18,500,000 commencing as of January 2, 2024, assigned to such land and improvements is reasonable. County Assessor for Wright County STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) This instrument was acknowledged before me on 202, by , the County Assessor of Wright County. Notary Public H-5 MN190\159\804148.v6 Exhibit A to Minimum Assessment Agreement Legal Description of Redevelopment Property The property located in the City of Monticello, Wright County, Minnesota described as: [INSERT LEGAL DESCRIPTION] H-6 MN190\159\804148.v6 City Council Agenda: 8/22/2022 2G. Consideration of adopting Resolution No. 2022-91 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Willi Hahn Corporation dba Wiha Tools Prepared by: Meeting Date: ® Consent Agenda Item Economic Development Manager 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: Community Development Director, City City Administrator Clerk /_T41111 V IQ L11:410111*11tcp Motion to adopt Resolution No. 2022-91 approving a Business Subsidy Agreement contained within a Contract for Private Development between the City of Monticello Economic Development Authority (EDA) and Willi Hahn Corporation dba Wiha Tools. PREVIOUS COUNCIL ACTION: July 11, 2022: The City Council adopted Resolution No. 2022-77 authorizing the creation of Economic Development TIF District No. 1-46 in support of a new manufacturing, assembly, and warehouse facility development proposal by Wiha Tools at a vacant site along 7t" Street East. REFERENCE AND BACKGROUND A Business Subsidy Agreement is required when a developer or business receives funding exceeding $150,000 as part of a financial assistance package. The developer must acknowledge the amount of the "Business Subsidy" granted to the Developer and the City must take action to approve the subsidy. The subsidy and this Agreement are needed due to the extraordinary costs of land acquisition and site improvements necessary to construct the Project on the proposed site. The construction of the project is not sufficiently feasible for the Developer to undertake without the Business Subsidy. In approving a Business Subsidy, the City also makes a finding regarding its public purpose. The public purpose of the Business Subsidy to Willi Hahn Corporation is to increase the tax base in the City and State, increase the number of jobs (including construction jobs) in the City and State, and help an existing business remain and expand in the City and the State. The EDA held the required public hearing for the Business Subsidy to Wiha Tools as part of its consideration of the Contract for Private Development at its July 13, 2022, meeting. The EDA City Council Agenda: 8/22/2022 authorized entering into the contract with Wiha Tools at the July 13, 2022 meeting. The City Council is asked to consider adopting Resolution 2022-91 approving the Business Subsidy Agreement contained in the Contract for Private Development. The language in the Contract for Private Development (TIF Development Agreement) identified the TIF assistance (Section 3.1(c)) as well as the additional funding, a Minnesota Investment Fund (MIF) Grant and a Job Creation Fund (JCF) Grant, both of which are from MN -DEED, for the proposal (Section 3.5(f)). In exchange for the financial assistance, Wiha Tools must complete its 78,400 square foot development project and operate the new facility for five years. It must also create 31 new FTE (full time equivalent) jobs within two years of receiving a certificate of occupancy (CO). The wages of the new jobs must average $16.50 per hour with benefits totaling $9.85 per hour. The total assistance being provided to Wiha Tools is shown below: Tax Increment Financing (TIF) JCF — MN -DEED (PFP Grant) MIF — MN -DEED (FL) Total Assistance $1,151,000 (includes both Phase I and Phase II) $ 660,000 220,000 $2,031,000 The estimated total cost of Phase I development proposal is $13,000,000 +/-. This amount includes the purchase of $2,000,000 of new equipment. The Phase II expansion of an additional 78,400 square feet in 4 to 5 years is expected to cost nearly $10,000,000 including equipment purchases. It is also expected to create an additional 28 FTE jobs. A summary Funding Sources and Uses of the Wiha Tools proposal is shown below. Wiha Tools Development Project Funding Sources and Uses Sources of Funds Uses of Funds Owner Equity Cash $ 5,719,000 Internal Corporate Loan $ 5,000,000 Tax Increment Financing $ 1,151,000 JCF— MN -DEED (PFP Grant) $ 660,000 MIF — MN -DEED (FL) GMEF Loan $ 220,000 $ 250,000 Total $13,000,000 Land Purchase $ 799,000 Site Prep -Improvement $ 1,201,000 New Construction $ 9,000,000 Machinery & Equipment $ 2,000,000 Total $13,000,000 City staff have developed a scoring system to evaluate the merits of economic development projects. It has been used consistently since 2016. Based on the metrics, the score for the Wiha City Council Agenda: 8/22/2022 Tools' development proposal is 34.5. This score is among the highest ranking of numerous compared proposals over the past several years. Budget Impact: The budgetary impact related to the City Council consideration of Resolution 2022-91 approving a Business Subsidy Agreement related to the Wiha Tools facility development is minimal. Wiha Tools submitted the required TIF application escrow funds to cover consultant fees involved in the review and approval of the various financing tools. II. Staff Workload Impact: The EDA attorney, financial advisor, Economic Development Manager, Community & Economic Development Coordinator, and the Community Development Director have been involved in the work tasks related to the funding assistance for the Wiha Tools' development proposal. The EDA attorney prepared the City Council resolution as part of these work tasks. III. COMPREHENSIVE PLAN IMPACT: Continuing to support Monticello industrial firms who meet the City's goals for employment and tax base is consistent with the Monticello 2040 Value Statement of "A diversified and strong local economy competitive at regional, state and national levels." The Monticello 2040 Plan's Economic Development Chapter includes numerous statements aligning with this proposed expansion, including those for business retention, reinvestment, tax base expansion and workforce development. STAFF RECOMMENDED ACTION Staff recommends that the City Council approve the Business Subsidy Agreement contained the Contract for Private Development between the EDA and Wiha Tools as required under state statutes. But for the assistance, this project would not be feasible. SUPPORTING DATA A. Resolution 2022-91 B. Contract for Private Development related to TIF District 1-46 CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. 2022-91 RESOLUTION APPROVING BUSINESS SUBSIDY AGREEMENT CONTAINED WITHIN A CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND WILLI HAHN CORPORATION BE IT RESOLVED by the City Council ("Council") of the City of Monticello, Minnesota ("City') as follows: Section 1. Recitals. 1.01. The City has approved the creation of Tax Increment Financing District No. 1-46 (Wiha Tools) (the "TIF District") within the Central Monticello Redevelopment Project (the "Project"), pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended. 1.02. To facilitate development of certain property in the TIF District (the "Development Property'), the City of Monticello Economic Development Authority (the "Authority") has approved a Contract for Private Development (the "Contract") between the Authority and Willi Hahn Corporation, a Minnesota corporation, or an affiliate thereof or entity related thereto (the "Developer"), under which among other things the Authority will issue to the Developer its Tax Increment Financing Note (the "TIF Note") to assist in the payment of the cost of land acquisition and site preparation on the Development Property necessary to complete construction of an approximately 156,800 square foot building to provide a facility for manufacturing to be constructed in two phases (the "Project"). 1.03. The provision of the TIF Note to the Developer in accordance with the terms of the Contract constitutes a "business subsidy' exceeding $150,000 within the meaning of Minnesota Statutes, Section 1161.993 to 1161.995, as amended (the "Business Subsidy Act"). 1.04. The "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Contract, and on July 13, 2022, the Authority conducted a duly noticed public hearing regarding the business subsidy agreement, at which all interested persons were given an opportunity to be heard. 1.05. The City finds and determines that the business subsidy to the Developer is for a public purpose and is in the public interest because it will further the objectives of the Project, will facilitate the expansion of a successful business and the creation of new jobs in the City, and will increase the tax base. Section 2. Business Subsidy Approved; Further Proceedings. 2.01. The Council approves the business subsidy agreement contained within the MN190\172\796362.v1 Contract, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director of the Authority, provided that execution of the documents by those officials shall be conclusive evidence of their approval. Approved by the City Council of the City of Monticello, Minnesota this 22nd day of August, 2022. Mayor ATTEST: City Clerk MN190\172\796362.v1 2 CONTRACT FOR PRIVATE DEVELOPMENT By and Between CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY And WILLI HAHN CORPORATION Dated as of: , 2022 This document was drafted by: KENNEDY & GRAVEN, CHARTERED (GAF) 150 South 5th Street, Suite 700 Minneapolis, Minnesota 55402 Telephone: 612-337-9300 TABLE OF CONTENTS Page ARTICLEI Definitions.........................................................................................................................3 SectionI.I. Definitions.............................................................................................................3 ARTICLE II Representations and Warranties...................................................................................... 6 Section 2.1. Representations and Warranties by the Authority ................................................ 6 Section 2.2. Representations and Warranties by the Developer...................................6 ARTICLE III Tax Increment Assistance.............................................................................................. 8 Section 3.1. Preconditions to Payment of Assistance............................................................... 8 Section 3.2. Procedures for Payment of Assistance................................................................. 9 Section 3.3. Environmental Conditions..................................................................................10 Section 3.4. Payment of Authority Costs................................................................................10 Section 3.5. Business Subsidy Act.......................................................................................... l l ARTICLE IV Construction of Project................................................................................................14 Section 4.1 Construction of Project........................................................................................14 Section 4.2. Construction Plans..................................................................................................... 14 Section 4.3. Commencement and Completion of Construction..................................................... 15 Section 4.4. Certificate of Completion.......................................................................................... 16 Section 4.5. Records and Reports.................................................................................................. 16 ARTICLEV Insurance........................................................................................................................17 Section5.1. Insurance..........................................................................................................17 ARTICLE VI Delinquent Taxes and Review of Taxes......................................................................19 Section 6.1. Right to Collect Delinquent Taxes.....................................................................19 Section 6.2. Review of Taxes.................................................................................................19 Section6.3 Financing...........................................................................................................19 Section 6.4 Authority's Option to Cure Default on Mortgage.............................................20 ARTICLE VII Prohibitions Against Assignment and Transfer; Indemnification ............................. 21 Section 7.1. Prohibition Against Developer's Transfer of Development Property and Assignment of TIF Note and Agreement.......................................................... 21 Section 7.2. Release and Indemnification Covenants............................................................22 ARTICLE VIII Events of Default....................................................................................................... 23 Section 8.1. Events of Default Defined.................................................................................. 23 Section 8.2. Remedies on Default...........................................................................................23 Section 8.3. No Remedy Exclusive........................................................................................ 24 Section 8.4. No Additional Waiver Implied by One Waiver r ...............................................24 ARTICLE IX ARTICLE IX Additional Provisions.......................................................................... 25 Section 9.1. Conflict of Interests; Authority Representatives Not Individually Liable ......... 25 Section 9.2. Equal Employment Opportunity.........................................................................25 i MN190\173\803751.v3 Section 9.3. Restrictions on Use............................................................................................. 25 Section 9.4. Provisions Not Merged With Deed................................................................25 Form of TIF Note Section 9.5. Titles of Articles and Sections............................................................................ 25 Section 9.6. Notices and Demand...........................................................................................25 Qualified Costs Section 9.7. Counterparts........................................................................................................26 Section9.8. Recording............................................................................................................26 Section9.9. Amendment.........................................................................................................26 Section 9.10. Authority Approvals......................................................................................... 26 Section9.11. Termination.......................................................................................................26 Section 9.12. Choice of Law and Venue................................................................................ 26 SignaturePages........................................................................................................... S-1 and S-2 EXHIBIT A Description of Development Property EXHIBIT B Form of TIF Note EXHIBIT C Certificate of Completion EXHIBIT D Qualified Costs ii MN190\173\803751.v3 CONTRACT FOR PRIVATE DEVELOPMENT THIS CONTRACT FOR PRIVATE DEVELOPMENT, made as of the _th day of , 2022, by and between the CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and a political subdivision under the laws of the state of Minnesota (the "Authority"), and WILLI HAHN CORPORATION, a Minnesota corporation and its permitted successors and assigns (the "Developer"). WITNESSETH: WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello (the "HRA") has undertaken a program to promote economic development and job opportunities and to promote the redevelopment of land which is underutilized within the City of Monticello, Minnesota (the "City"), and in connection with this has created the Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), and adopted a redevelopment plan for the Redevelopment Project; and WHEREAS, the Authority was established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081, as amended (the "Authority Act"), and was authorized to transact business and exercise its powers by a resolution of the City Council of the City, which also transferred the control and responsibility for the Redevelopment Project from the HRA to the Authority; and WHEREAS, pursuant to the HRA Act and the Authority Act (collectively, the "Act"), the Authority is authorized to undertake certain activities to facilitate the redevelopment and development of real property by private enterprise; and WHEREAS, the City and the Authority have established within the Redevelopment Project, Tax Increment Financing (Economic Development) District No. 1-46 (Wiha Tools) (the "TIF District") pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act"), and have adopted a tax increment financing plan therefor (the "TIF Plan") on July 13, 2022; and WHEREAS, the Developer has proposed to construct an approximately 156,800 square foot building to provide a facility for manufacturing in two phases on certain property within the TIF District more particularly described herein (the "Development Property"); and WHEREAS, the Authority believes that the construction of the Project pursuant to this Agreement, and the fulfillment generally of this Agreement, are vital and are in the best interests of the City and the health, safety, morals, and welfare of its residents, and will result in preservation and enhancement of the tax base, and increase employment opportunities, and is in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted; and 1 MN190\173\803751.v3 WHEREAS, the requirements of the Business Subsidy Act, Minnesota Statutes, Section 116J.993 through 116J.995, as amended (the "Business Subsidy Act"), apply to this Agreement; and WHEREAS, the City and the Authority have previously adopted criteria for awarding business subsidies that comply with the Business Subsidy Act, after public hearings for which notice was published; and WHEREAS, in connection with the assistance provided under this Agreement, this agreement constitutes a subsidy agreement under the Business Subsidy Act. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 MN190\173\803751.v3 ARTICLE I Definitions Section 1.1. Definitions. In addition to those terms defined in the text, in this Agreement, unless a different meaning clearly appears from the context: "Act" means, collectively, the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1081, as amended, and the Housing and Redevelopment Authority Act, Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Affiliate" means with respect to any entity (a) any corporation, partnership, limited liability company, or other business entity or person controlling, controlled by or under common control with the entity, and (b) any successor to such parry by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling," "controlled by" and "under common control with" shall mean, with respect to any corporation, partnership, limited liability company or other business entity, the ownership of 50% or more of the voting interests in such entity or possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether ownership of voting securities or by contract or otherwise. "Agreement" means this Contract for Private Development, as the same may be from time to time modified, amended, or supplemented. "Authority" means the City of Monticello Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Available Tax Increment" means 90% of the Tax Increment. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Developer pursuant to Section 4.4 of this Agreement. "City" means the City of Monticello, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Developer on the Development Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are 3 MN190\173\803751.v3 submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Wright, Minnesota. "Developer" means Willi Hahn Corporation, a Minnesota corporation, or its permitted successors and assigns. "Development Property" means the real property described in Exhibit A of this Agreement. "Event of Default" means an action by the Developer listed in Article VIII of this Agreement. "Final Payment Date" means the date set forth in Section 3.2(a) of this Agreement. "Payment Date" means August 1, 2024, and each February 1 and August 1 thereafter through and including the Final Payment Date. "Phase I Project" means the acquisition, construction, and equipping of an approximately 78,400 square foot building to provide a facility for manufacturing to be constructed by the Developer on the Development Property, in addition to any other necessary site improvements on the Development Property. "Phase II Project" means the acquisition, construction, and equipping of an approximately 78,400 square foot addition to an existing building to provide a facility for manufacturing to be constructed by the Developer on the Development Property, in addition to any other necessary site improvements on the Development Property. "Phase" means the Phase I Project and the Phase II Project, individually or collectively. "Project" means, collectively, the Phase I Project and the Phase II Project. "Qualified Costs" means the cost of land acquisition and site preparation eligible to be reimbursed under the TIF Act on the Development Property necessary to complete the Project as set forth in Exhibit D. "Qualified Facility" means a manufacturing facility, including office space necessary for and related to the manufacturing facility, all within the meaning of Section 469.176, subd. 4c of the TIF Act. "Redevelopment Plan" means the Authority's Development Plan for the Redevelopment Project, as amended. "Redevelopment Project" means the Authority's Redevelopment Project No. 1. 4 MN190\173\803751.v3 "Reimbursement Amount" has the meaning provided in Section 3.3(b) hereof. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the TIF District and which is actually remitted to and retained by the Authority as tax increment pursuant to the TIF Act. The term "Tax Increment" does not include any amounts retained by or payable to the State auditor under Section 469.177, subdivision 11 of the TIF Act. "Termination Date" means the earlier of (a) February 1, 2033; (b) date of the Authority's last receipt of Tax Increment from the TIF District in accordance with Section 469.176, subd. lb(3) of the TIF Act or the date on which the TIF District otherwise expires or is terminated; or (c) the date the TIF Note has been paid in full or terminated in accordance with the terms of this Agreement. "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended. "TIF District" means the Authority's Tax Increment Financing (Economic Development) District No. 1-46 (Wiha Tools). "TIF Note" means the Taxable Tax Increment Revenue Note (Wiha Tools Project), substantially in the form attached hereto as Exhibit B, to be delivered by the City to the Developer in accordance with Sections 3.1 and 3.2 hereof. "TIF Plan" means the Authority's Tax Increment Financing Plan for Tax Increment Financing (Economic Development) District No. 1-46 (Wiha Tools) within the Central Monticello Redevelopment Project No. 1, as approved by the Authority on July 13, 2022, and by the City on July 11, 2022. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, Ere or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, unusually severe or prolonged bad weather, acts of God, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or governmental approvals necessary to enable construction of the Project by the dates such approvals and construction is required under Sections 4.2 and 4.3 of this Agreement. (The remainder of this page is left intentionally blank.) 5 MN190\173\803751.v3 ARTICLE II Representations and Warranties Section 2.1. Representations and Warranties by the Authority. The Authority makes the following representations and warranties (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the Authority are undertaken to foster the development and redevelopment of certain real property which for a variety of reasons is presently underutilized, to create increased tax base in the City, to increase employment opportunities in the City and State, to help an existing business in the City expand, and to stimulate further development of the Redevelopment Project as a whole. (c) The Authority makes no representation or warranty, either express or implied, as to the Development Property or its condition, or that the Development Property shall be suitable for the Developer's purposes or needs. (d) No member of the Board of Commissioners of the Authority, or officer of the Authority, has either a direct or indirect financial interest in this Agreement. Section 2.2. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) The Developer is a corporation duly organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its organizational documents or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer or the Authority in the Redevelopment Project may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (c) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will use commercially reasonable efforts to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before each Phase of the Project may be lawfully constructed. (d) The Developer will own the Development Property and will cause the Phase I Project to be constructed and operated as a manufacturing facility in accordance with this 6 MN190\173\803751.v3 Agreement. In addition, if the TIF Note amount is increased as provided in Section 3.1(c), the Developer will cause the Phase II Project to be constructed and operated as a manufacturing facility in accordance with this Agreement. (e) The Developer will cause the construction, operation and maintenance of the Phase I Project and, if constructed and if the TIF Note amount is increased as provided in Section 3.1(c), will cause the Phase II Project to be constructed, operated and maintained in accordance with this Agreement and all local, state and federal laws and regulations (including without limitation environmental, zoning, building code, housing code, and public health laws and regulations). (f) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate or organizational restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (g) Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, and the Authority prevails in such action, the Developer agrees that it shall, within ten (10) days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. (h) The proposed development by the Developer hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. (i) The Developer understands that the Authority and the City may subsidize or encourage the development of other developments in the City, including properties that compete with the Development Property and the Project, and that such subsidies may be more favorable than the terms of this Agreement, and that neither the Authority nor the City has represented that development of the Development Property will be favored over the development of other properties. 0) The Developer is not currently in default under any business subsidy agreement with any grantor, as such terms are defined in the Business Subsidy Act. 7 MN190\173\803751.v3 ARTICLE III Tax Increment Assistance Section 3.1. Preconditions to Pavment of Assistance. (a) The Developer represents that it will own the Development Property and cause the Phase I Project to be constructed on the Development Property. In addition, the Developer will cause the Phase II Project to be constructed on the Development Property in order to obtain an increase in the amount of the TIF Note as provided in Section 3.1(c). In order to assist with the costs of constructing the Project, the Authority agrees to provide tax increment assistance to the Developer as further set forth in this Agreement. Tax increment assistance shall be paid to the Developer on a pay-as-you-go basis on the terms and conditions set forth in Section 3.2 below; provided however, that the Authority shall be under no obligation to provide any of the assistance contemplated in this Agreement unless the Developer shall be in material compliance with all the terms and provisions of this Agreement. (b) Phase I Project. Within 30 days after satisfaction of the following conditions precedent: (i) the issuance by the Authority of a Certificate of Completion for the Phase I Project; (ii) delivery of Acknowledgement Regarding TIF Note in the form attached to Exhibit 1 to the TIF Note; and (iii) delivery to the Authority of written proof and other documentation as may be reasonably satisfactory to the Authority of the exact nature and amount of the particular Qualified Costs of the Project and the Development Property actually incurred and paid, together with such other information or documentation necessary to enable the Authority to substantiate its tax increment expenditures and/or to comply with its tax increment reporting obligations to the Commissioner of Revenue, the Office of the State Auditor or other applicable official (the documentation shall include specific invoices for the particular work for the Project from the contractor or other provider and shall include paid invoices, cancelled checks, copies of remittances and/or other suitable documentary proofs of the payment thereof by the Developer), the Authority will issue the TIF Note to the Developer in an initial principal amount equal to the lesser of (i) sum of the Qualified Costs of the Project and the Development Property certified by the Developer and accepted by the Authority pursuant to this Section 3.1(b) or (ii) $576,012. (c) Phase II Project. Within 30 days after satisfaction of the following conditions precedent: (i) the issuance by the Authority of a Certificate of Completion for the Phase II Project and (ii) delivery to the Authority of written proof (in the same manner as set forth in Section 3.1(b)) of any additional Qualified Costs of the Project and the Development Property actually incurred and paid in connection with the Phase II Project, the principal amount of the TIF Note will be increased by a principal amount equal to $575,022 (the "Phase II Advance") provided that the aggregate principal amount of the TIF Note issued pursuant to Sections 3.1(b) and 3.1(c) shall not exceed the lesser of (1) $1,151,034 or (2) the sum of the Qualified Costs of the Project and the Development Property certified by the Developer and accepted by the Authority pursuant to Sections 3.1(b) and 3.1(c). The Phase II Advance shall be evidenced by the Authority in the form of an Advance Certificate as set forth in Exhibit 2 attached to the TIF Note. 8 MN190\173\803751.v3 (d) The principal amount of the TIF Note advanced and outstanding shall bear simple, non -compounding interest, except during any period that the payment on the TIF Note has been suspended, from and after the date of the advance at the rate of 4.00% per annum. All of the terms and provisions of the TIF Note are incorporated herein by reference. Section 3.2. Procedures for Payment of Assistance. The assistance to the Developer as set forth in Section 3.1(1) above shall be on a "pay as you go" basis, according to the following terms, conditions, and limitations: (a) On February 1 and August 1 in each year, commencing on August 1, 2024 through and including the Termination Date, provided that no Event of Default shall have occurred and be continuing hereunder, the Authority shall pay to the Developer 90% of the Tax Increment that it received and retained during the preceding 6 -month period. Such payments by the Authority to the Developer shall continue until the earliest of (i) February 1, 2033 (the "Final Payment Date"), (ii) such date (if any) as the Authority shall have terminated this Agreement pursuant to its terms or (iii) until the Developer has received the principal amount of the TIF Note plus accrued interest thereon. (b) Notwithstanding anything in this Agreement to the contrary, the obligation of the Authority to make the payments on the TIF Note are payable solely from the applicable percentage of the Tax Increment set forth in paragraph (a) above, and to the extent that such Tax Increment is insufficient to make such payments, there shall be no liability on the part of the Authority to make such payments. If on any February 1 or August 1, the applicable percentage of the Tax Increment is not sufficient to pay the accrued interest due on the Note such date, the unpaid accrued interest shall be carried forward, without interest, to the next Payment Date. All Tax Increment in excess of the Available Tax Increment necessary to pay the principal and accrued interest on the TIF Note are not subject to this Agreement, and the Authority retains full discretion as to any authorized application thereof. To the extent that the Tax Increment is insufficient through the Final Payment Date, to pay all amounts otherwise due on the TIF Note, said unpaid amounts shall then cease to be any debt or obligation of the Authority whatsoever. (c) The TIF Note shall be a special and limited revenue obligation of the Authority and not a general or moral obligation of the City or the Authority, and only Available Tax Increment shall be required to be used to pay the amounts due on the TIF Note. (d) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.2, the terms of the TIF Note shall govern. (e) Following any termination of this Agreement by the Authority pursuant to Section 8.2 hereof, no further or unpaid amounts of the TIF Note shall then or thereafter be due and payable by the Authority under this Section or the TIF Note but shall thereupon be extinguished. (f) The Authority's obligation to make payments on the TIF Note shall be conditioned upon the requirement that there shall not at the time have occurred and be 9 MN190\173\803751.v3 continuing an Event of Default; provided, however, that (unless the Authority shall have terminated this Agreement) if such Event of Default shall subsequently have been cured to the reasonable satisfaction of the Authority, such unpaid obligations shall thereupon be reinstated and thereby become due and payable. (g) Notwithstanding anything to the contrary in this Agreement, if the conditions for delivery of the TIF Note are not met by date five (5) years after certification of the TIF District, the Authority's obligation to deliver the TIF Note shall terminate; provided that the remainder of this Agreement shall remain in full force and effect. Notwithstanding anything to the contrary in this Agreement, if the conditions for delivery of the Advance Certificate for Phase II Project in accordance with Section 3.1(c) are not met by date five (5) years after certification of the TIF District, the Authority's obligation to deliver the Advance Certificate shall terminate; provided that the remainder of this Agreement shall remain in full force and effect. (h) The Authority acknowledges that the Developer may assign the TIF Note to one or more lenders that provide part of the financing for the construction of the Project. The Authority consents to such an assignment, conditioned upon the satisfaction of the conditions set forth in the TIF Note, the receipt of an Acknowledgement Regarding TIF Note from such third party in substantially the form attached to the TIF Note and an assignment in a form approved by the Board of Commissioners of the Authority. (i) The Developer understands and acknowledges that the Authority makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the TIF Note will be sufficient to pay the principal amount of and interest on the TIF Note. Developer further acknowledges that estimates of Tax Increment prepared by the Authority or its municipal advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Developer may rely. If the Qualified Costs exceed the maximum aggregate principal amount of the TIF Note, such excess is the sole responsibility of Developer. Section 3.3. Environmental Conditions. (a) Developer acknowledges that the Authority makes no representations or warranties as to the condition of the Development Property or the fitness of the Development Property for construction of the Project, respectively, or any other purpose for which the Developer may make use of such property, and that the assistance provided to Developer under this Agreement neither implies any responsibility by the Authority or the City for any contamination of the Development Property or poor soil conditions, nor imposes any obligation on such parties to participate in any cleanup of the Development Property or correction of any soil problems. (b) Without limiting its obligations under Section 7.2 of this Agreement Developer further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees (the "Indemnified Parties"), from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Development Property as a result of the actions or omissions of the 10 MN190\173\803751.v3 Developer, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the Indemnified Parties. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02, as amended. Section 3.4. Payment of Authori . Costs. The Authority acknowledges that Developer has deposited $12,000 with the Authority. The Authority will use such deposit to pay "Administrative Costs," which term means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement, the TIF Plan, and other documents and agreements in connection with the development of the Development Property. At Developer's request, but no more often than monthly, the Authority will provide Developer with a written report including invoices, time sheets or other comparable evidence of expenditures for Administrative Costs and the outstanding balance of funds deposited. If at any time the Authority determines that the deposit is insufficient to pay Administrative Costs, the Developer is obligated to pay such shortfall within twenty (20) days after receipt of a written notice from the Authority containing evidence of the unpaid costs. If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of this Agreement, the Authority shall promptly return such balance to Developer; provided that Developer remains obligated to pay subsequent Administrative Costs related to any amendments to this Agreement requested by Developer. Upon termination of this Agreement in accordance with its terms, the Developer remains obligated under this section for Administrative Costs. Section 3.5. Business Subsidv Act. (a) Public Purpose. In order to satisfy the provisions of the Business Subsidy Act, the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is the Reimbursement Amount and that the Business Subsidy is needed because the construction of the Project is not sufficiently feasible for the Developer to undertake without the Business Subsidy due to the extraordinary costs of land acquisition and site improvements necessary to construct the Project on the proposed site. The public purpose of the Business Subsidy is to increase the tax base in the City and State, increase jobs (including construction jobs) in the City and State, and help an existing business remain and expand in the City and the State. (b) Qualified Facility. The Developer must continue operation of the Project as a "Qualified Facility" for at least 5 years after the Benefit Date (defined hereinafter), subject to the continuing obligation described in Section 9.3 of this Agreement. The improvements will be a Qualified Facility as long as the Project is operated by the Developer for the aforementioned qualified uses. During any period when the Project is vacant and not operated for the aforementioned qualified uses, the Project will not constitute a Qualified Facility. (c) Job and Wage Goals. The "Benefit Date" of the assistance provided in this Agreement is the earlier of the date of issuance of the Certificate of Completion or the date the Project is occupied by Developer. By or before the "Compliance Date", defined as the date two years after the Benefit Date, the Developer shall cause to be created at least [31] 11 MN190\173\803751.v3 full-time jobs permanent to the Development Property. The Developer shall cause the average hourly wage of the new jobs to be at least $16.50 per hour, with benefits equal to at least $9.85 per hour. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.5(b). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (d) Remedies. If the Developer fails to meet the goals described in Section 3.5(b) and 3.5(c), the Developer shall repay to the Authority upon written demand from the Authority a "pro rata share" of the outstanding principal amount of the TIF Note together with interest on that amount at the implicit price deflator as provided in Section 116J.994, subd. 6 of the Business Subsidy Act, accrued from the date of substantial completion of the Project to the date of payment. The term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.5(b) 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the Authority's remedies under Article VIII hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.5), the Developer agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of 5 years from the date of the failure or until the Developer satisfies its repayment obligation under this Section, whichever occurs first. (e) Reports. The Developer must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2024 and continuing until the later of (i) the date the goals stated in Section 3.5(c) are met; (ii) 30 days after expiration of the period described in Section 3.5(b); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with 12 MN190\173\803751.v3 Section 3.5(d). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Developer regarding the required forms. If the Developer fails to timely file any report required under this Section, the Authority will mail the Developer a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to provide a report, the Developer must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. (f) Other assistance. There are no other state or local government agencies providing financial assistance for the Project other than the Authority and the Minnesota Department of Employment and Economic Development, which is providing a Minnesota Investment Fund forgivable loan in the amount of $220,000 and a Jobs Creation Fund grant in the amount of $660,000. (g) Parent Corporation. The Developer's parent corporation is Wiha Wekzeuge GmbH. 13 MN190\173\803751.v3 ARTICLE IV Construction of Proiect Section 4.1. Construction of Project. The Developer agrees that it will construct the Project on the Development Property in accordance with the approved Construction Plans and will operate and maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. (a) Before commencing construction of the Project, the Developer shall submit the Construction Plans to the Authority. The Construction Plans shall provide for the construction of the Project, as applicable, and shall be in conformity with this Agreement and all applicable State and local laws and regulations. The Authority will approve such Construction Plans in writing if. (i) such Construction Plans conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) such Construction Plans are adequate to provide for construction of the Project; and (iv) no Event of Default has occurred and remains uncured. No approval by the Authority shall relieve the Developer of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Project in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. Within 30 days after receipt of complete Construction Plans and permit applications for the Project, as applicable, the Authority will either approve such Construction Plans in writing or deliver to Developer an initial review letter describing any comments or changes requested by Authority staff; provided, however that if the Authority staff provide neither a review letter describing any comments or requested changes nor written approval of such Construction Plans within such 30 day period, such Construction Plans will be deemed approved by the Authority. If the Authority provides comments or changes to such Construction Plans, then, thereafter, the parties shall negotiate in good faith regarding final approval of such Construction Plans. The Authority's approval shall not be unreasonably withheld, conditioned or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Project to be constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto but any approvals by the Authority hereunder will not constitute approval by any City officials regarding any City requirement related to construction of the Project. (b) The Developer hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority. Neither the Authority nor any employee or official of the Authority shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. 14 MN190\173\803751.v3 (c) If the Developer desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within 30 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Nothing in this paragraph will relieve Developer of the obligation to comply with any City ordinances or procedures regarding changes in Construction Plans, and any approvals by the Authority hereunder will not constitute approval by any Authority officials regarding any City requirement related to construction of the Project. (d) The approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority does not constitute a representation or warranty by the Authority that the Construction Plans or the Project comply with any applicable building code, health or safety regulation, zoning regulation, environmental law, labor law or regulation, or other law or regulation, or that the Project will meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the requirements of the Developer or any other users of the Project. Approval of the Construction Plans, or any proposed amendment to the Construction Plans, by the Authority will not constitute a waiver of an Event of Default. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to receive any required approval of the Construction Plans from any City department Section 4.3. Commencement and Completion of Construction. (a) Phase I Project. Subject to Unavoidable Delays, the Developer must commence construction of the Phase I Project not later than May 15, 2023 and must substantially complete construction of the Phase I Project by December 31, 2023. (b) Phase II Project. Subject to Unavoidable Delays, the Developer must commence construction of the Phase II Project not later than May 15, 2028 and must substantially complete construction of the Phase II Project by December 31, 2028. (c) The construction of each Phase will be considered substantially complete on the date when (i) the Developer has received a certificate of occupancy issued by the City for the Phase, as applicable, and (ii) the Authority has determined the Phase has been constructed in accordance with the approved Construction Plans are provided in Section 4.2 hereof. Completion shall be evidenced by a Certificate of Completion as described in Section 4.4. The Project shall be considered complete when the Developer has received a Certificate of Completion for both the Phase I Project and the Phase II Project. 15 MN190\173\803751.v3 (d) The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion, the development of the Development Property through the construction of the Project thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3. Until construction of the Project has been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of each Phase in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct said Phase (including the dates for beginning and completion thereof), the Authority will furnish the Developer with a Certificate of Completion in substantially the form provided in Exhibit C. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Phase and the dates for the beginning and completion thereof. (b) The Certificate of Completion provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within 30 days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Phase, in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Developer to take or perform in order to obtain such certification. (c) The construction of the Project will be considered substantially complete as provided in Section 4.3(c). Section 4.5. Records and Reports. (a) The Authority, through any authorized representatives, shall have the right at all reasonable times after reasonable written notice to inspect, examine and copy all books and records of Developer relating to the Project. Such records shall be kept and maintained by Developer through the Termination Date. (b) Upon request, the Developer also agrees to submit to the Authority written reports so as to allow the Authority to remain in compliance with reporting requirements under state statutes. 16 MN190\173\803751.v3 ARTICLE V Insurance Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Project an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Project at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) together with an Owner's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Phase I Project and prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Project under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided 17 MN190\173\803751.v3 that the Developer may be self-insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Developer that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Developer and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Project. (d) The Developer agrees to notify the Authority immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Project or any portion thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, reconstruct, and restore the Project to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Developer will apply the net proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. The Developer shall complete the repair, reconstruction, and restoration of the Project, regardless of whether the net proceeds of insurance received by the Developer for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Developer. (e) In lieu of its obligation to reconstruct the Project as set forth in this Section, the Authority shall have the option of terminating the TIF Note as provided in Section 8.2 hereof. (f) The Developer and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the Termination Date. 18 MN190\173\803751.v3 ARTICLE VI Delinquent Taxes and Review of Taxes; Financing Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the development through reimbursement of Qualified Costs. The Developer understands that the Tax Increment pledged to payment on the Note is derived from real estate taxes on the Development Property, which taxes must be promptly and timely paid. To that end, the Developer agrees for itself, its successors, and assigns, that in addition to the obligation pursuant to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Development Property and the Project. The Developer acknowledges that this obligation creates a contractual right on behalf of the Authority through the Termination Date to sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit in which the Authority is the prevailing party, the Authority shall also be entitled to recover its costs, expenses, and reasonable attorney fees. Section 6.2. Review of Taxes. The Developer agrees that prior to the Termination Date, it will not cause a reduction in the real property taxes paid in respect of the Development Property through: (1) it will not seek through petition or other means to have the estimated market value for the Development Property reduced; (2) it will not seek administrative review or judicial review of the applicability of any real property tax statute determined by any Tax Official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) it will not seek administrative review or judicial review of the constitutionality of any real property tax statute determined by any Tax Official to be applicable to the Project or the Developer or raise the unconstitutionality of any such real property tax statute as a defense in any proceedings, including delinquent tax proceedings; and (4) it will not (A) cause willful destruction of the Project or any part thereof; (B) willfully refuse to reconstruct damaged or destroyed property pursuant to Section 5.1 hereof; (C) apply to the Commissioner of Revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270; (D) transfer the Development Property or Project, or any part thereof, to an entity exempt from the payment of real property taxes under State law; or (E) engage in any other proceedings, whether administrative, legal or equitable, with any administrative body within the County or the State or with any court of the State or the federal government to reduce or defer the amount of real property taxes assessed against the Development Property and the Project, except that nothing in this Section 6.2 shall prevent the Developer from taking any action it may choose with respect to any income tax matters. . Section 6.3. Financing. Before commencing construction of the Project, the Developer shall submit to the Authority evidence of one or more commitments for mortgage financing which, together with committed equity for such construction, is sufficient for the construction of the Project. Such commitments may be submitted as short-term financing, long-term mortgage financing, a bridge loan with a long-term take-out financing commitment, or any combination of the foregoing. Such commitment or commitments for short-term or long-term mortgage financing shall be subject only to such conditions as are normal and customary in the mortgage banking industry. 19 MN190\173\803751.v3 (b) If the Authority finds that the mortgage financing is sufficiently committed and adequate in amount to provide for the construction of the Project, then the Authority shall notify the Developer in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within thirty (30) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Developer shall submit adequate evidence of financing within thirty (30) days after such rejection. Section 6.4. AuthoritsOption to Cure Default on Mortgage. In the event that there occurs a default under any Mortgage, Developer shall cause the Authority to receive copies of any notice of default received by the Developer from the holder of such Mortgage. The Developer will use its reasonable efforts to include in any Mortgage a provision that the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Developer within such cure periods as are available to the Developer under the Mortgage documents. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy of any notice of default given by the Authority pursuant to Article VIII hereof. (The remainder of this page is intentionally left blank.) 20 MN190\173\803751.v3 ARTICLE VII Prohibitions Against Assignment and Transfer; Indemnification Section 7.1 Prohibition Against Developer's Transfer of Development Property and Assignment of TIF Note and Agreement. The Developer represents and agrees that until the Termination Date: (a) The Developer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of the Authority's Board of Commissioners. The term "Transfer" does not include (i) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Project; or (ii) an assignment to an Affiliate. (b) In the event the Developer, upon Transfer of the Development Property, seeks to be released from its obligations under this Agreement, the Authority shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such Transfer that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Development Property or any part thereof or the construction of the Project; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Project that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be 21 MN190\173\803751.v3 deemed to relieve the Developer, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Development Property governed by this Article VII, shall be in a form reasonably satisfactory to the Authority. (iv) The Developer and its transferees shall comply with such other conditions as the Authority may reasonably require in order to achieve and safeguard the purposes of the TIF Act and this Agreement. (v) The Developer agrees to pay all reasonable costs and expenses, including fees of legal counsel retained by the Authority, to review the documents submitted to the Authority in connection with any such transfer. Section 7.2. Release and Indemnification Covenants. (a) The Developer releases from and covenants and agrees that the Indemnified Parties shall not be liable for and agrees to indemnify and hold harmless the Authority and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project or the Development Property. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project. (c) The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Development Property or Project. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority or the City in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 22 MN190\173\803751.v3 ARTICLE VIII Events of Default Section 8.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non -defaulting party provides thirty (30) days' written notice to the defaulting parry of the event, but only if the event has not been cured within said thirty (30) days or, if the event is by its nature incurable within thirty (30) days, the defaulting parry does not, within such thirty (30) day period, provide assurances reasonably satisfactory to the party providing notice of default that it is proceeding with due diligence to cure such default and the event will be cured as soon as reasonably possible: (a) any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or under any other agreement entered into between the Developer and the Authority in connection with development of the Development Property. (b) the Developer: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; (ii) makes an assignment for benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated as bankrupt or insolvent. (c) failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property. (d) If the holder of any mortgage on the Development Property for which the Developer is the mortgagor or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of default under the applicable mortgage documents. Section 8.2. Remedies on Default. Whenever any Event of Default referred to in Section 8.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section 8.2: (a) Suspend its performance under the Agreement. (b) The Authority may cancel and rescind or terminate the Agreement and/or the TIF Note. 23 MN190\173\803751.v3 (c) The Authority may suspend its performance under this Agreement and the TIF Note. Interest on the TIF Note shall not accrue during the period of any suspension of payment. (d) The Authority may take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VIII. Section 8.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. (The remainder of this page is intentionally left blank.) 24 MN190\173\803751.v3 ARTICLE IX Additional Provisions Section 9.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority and the Developer, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Authority or County or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 9.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Project provided for in the Agreement it will comply with all applicable federal, state, and local equal employment and non-discrimination laws and regulations. Section 9.3. Restrictions on Use. The Developer agrees that until the Termination Date, the Developer, and such successors and assigns, shall use the Development Property for the operation of the Project for uses described in the definition of such term in this Agreement and as a Qualified Facility, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at 1348 Dundas Circle, Monticello, MN 55362; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, Attn: Executive Director; or at such 25 MN190\173\803751.v3 other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 9.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.8. Recording. The Authority may record this Agreement and any amendments thereto with the Wright County recorder. The Developer shall pay all costs for recording. Section 9.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Developer. Section 9.10. Authority Approvals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative as determined by the Authority in their sole discretion. Section 9.11. Termination. This Agreement terminates on the Termination Date. Upon termination of the Agreement, the Authority shall promptly execute any reasonable documents necessary to remove this Agreement from the title records of the Development Property. Notwithstanding the foregoing, the Developer's obligations under Sections 3.2(b) and 7.2 shall survive termination. Section 9.12. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26 MN190\173\803751.v3 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2022, by and , the President and Executive Director of the City of Monticello Economic Development Authority, a public body corporate and politic, on behalf of the Authority. Notary Public S-1 MN190\173\803751.v3 WILLI HAHN CORPORATION, a Minnesota corporation LOCA STATE OF MINNESOTA ) SS. COUNTY OF ) Its The foregoing instrument was acknowledged before me this day of 2022 by , the Corporation, a Minnesota corporation, on behalf of the company. Notary Public S-1 MN190\173\803751.v3 of Willi Hahn SCHEDULE A Development Property The real property in the City of Monticello, County of Wright, State of Minnesota, legally described as follows: Lot 9, Block 2, Lauring Hillside Terrace Lot 10, Block 2, Lauring Hillside Terrace Lot 11, Block 2, Lauring Hillside Terrace Lot 12, Block 2, Lauring Hillside Terrace Lot 13, Block 2, Lauring Hillside Terrace A-1 MN190\173\803751.v3 EXHIBIT B FORM OF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY No. R-1 [$� TAXABLE TAX INCREMENT REVENUE NOTE (WIHA TOOLS PROJECT) Date Rate of Original Issue 4.00% The CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY (the "Authority") for value received, certifies that it is indebted and hereby promises to pay to Willi Hahn Corporation or registered assigns (the "Owner"), to the extent and in the manner hereinafter provided, the principal sum of [$], or so much thereof as has been advanced from time to time and remains unpaid. The principal amount of this Note shall equal from time to time the principal amount advanced, as reduced to the extent that such principal shall have been paid in whole or in part pursuant to the terms hereof. Capitalized terms shall have the meanings provided in the Contract for Private Development between the Authority and the Owner, dated as of July 13, 2022 (the "Agreement"), unless the context requires otherwise. The original stated and outstanding principal amount of this Note shall bear interest from the Date of Original Issue stated above and the additional principal amount of the Phase II Advance, as evidenced by the Authority by the Advance Certificate, in the form attached as Exhibit 2, delivered pursuant to Section 3.1(c) of the Agreement, from the date of such Advance Certificate. 1. Payments. Principal and interest payments ("Payments") shall be paid on August 1, 2024 and each February 1 and August 1 thereafter to and including February 1, 2033 ("Payment Dates") in the amounts and from the sources set forth in Section 3 herein. All payments made by the Authority under this Note shall first be applied to accrued interest and then to principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. B-1 MN190\173\803751.v3 2. Interest. The unpaid principal amount hereof shall bear interest from the date of this Note at the rate of 4.00% per annum. Interest accruing from the date of issuance of this Note up to the receipt of the first increment will be compounded semiannually on February 1 and August 1 of each year and added to principal. Interest shall be computed on the basis of a year of 360 days and twelve 30 -day months. To the extent that Available Tax Increment is insufficient to pay principal and interest on any Payment Date, unpaid interest will not be added to principal. 3. Available Tax Increment. (a) Payments on this Note are payable on each Payment Date solely from and in the amount of Available Tax Increment, which shall mean 90% of the Tax Increment (as defined in the Agreement) which is paid with respect to the Authority's Tax Increment Financing (Economic Development) District No. 1-46 (Wiha Tools) (the "TIF District") and which is remitted by Wright County to, and retained by, the Authority in the six months preceding each Payment Date on the Note and which remains on hand on such Payment Date, pursuant to Section 3.2 of the Agreement. (b) The Authority shall have no obligation to pay principal of this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to make Payments on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal hereof to the extent of the Available Tax Increment. If on any Payment Date there is available to the Authority insufficient Available Tax Increment to pay the accrued and unpaid interest on this Note on such date, the amount of such deficiency shall be deferred and paid, without interest thereon, on the next Payment Date on which the Authority has available to it Available Tax Increment in excess of the amount necessary to pay the accrued and unpaid interest on this Note on such subsequent Payment Date. The Authority shall have no obligation to pay any unpaid balance of principal or interest that may remain after the final Payment on February 1, 2033. 4. Default. If on any Payment Date there has occurred and is continuing any Event of Default under the Agreement, the Authority may, notwithstanding any notice and cure provisions in the Agreement, withhold from Payments hereunder all Available Tax Increment. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid, without interest thereon, within 30 days after the Event of Default is cured. If on any date there has occurred and is continuing, after notice and opportunity to cure have been provided in accordance with the Agreement, any Event of Default under the Agreement, the Authority may exercise its remedies under the Agreement, including but not limited to terminating this Note. Reference is hereby made to all of the provisions of the Contract for Private Development, including without limitation Section 8.2 thereof, for a fuller statement of the rights and obligations of the Authority to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. 5. Prepayment. The principal sum payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. 6. Nature of Obligation. This Note is issued to aid in financing certain Qualified Costs of a Redevelopment Project pursuant to the Agreement and Minnesota Statutes, Sections 469.090 through 469.1082, as amended, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act"). This Note is a special, limited obligation of the Authority which is HIM MN190\173\803751.v3 payable solely from Available Tax Increment pledged to the payment hereof. This Note shall not be deemed to constitute a general obligation of the State of Minnesota, the City of Monticello, Minnesota (the "City"), or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota, the City, or any political subdivision thereof is pledged to the payment of the principal of this Note or other costs incident hereto. 7. Estimated Tax Increment Payments. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or the Agreement are for the benefit of the Authority, and are not intended as representations on which the Developer may rely. 8. Termination. At the City's option, this Note shall terminate be suspended and the City's obligation to make any payments under this Note shall be discharged in accordance with Sections 8.1 and 8.2 of the Agreement. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. This Note is transferable upon the books of the Authority kept for that purpose at the principal office of the Executive Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Except as otherwise provided in Section 7.1 of the Agreement, this Note shall not be transferred to any person or entity, unless the Authority has provided written consent to such transfer. The Note may only be assigned if the assignee shall (i) execute and deliver to the City the Acknowledgment Regarding TIF Note in the form included in Exhibit 1 hereto and (ii) surrender this Note to the Authority either in exchange for a new fully registered Note or for transfer of this Note on the registration records for the Note maintained by the Authority. Each Registered Owner of this Note which assigns, transfers or otherwise grants any interest herein agrees to comply with all applicable laws in so doing, including without limitation all applicable state and federal registration and securities laws and regulations. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein and the Agreement. THE CITY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OF THIS NOTE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. B-3 MN190\173\803751.v3 IN WITNESS WHEREOF, the Board of Commissioners of the City of Monticello Economic Development Authority has caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Executive Director President REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the Executive Director, in the name of the person last listed below. Date of Registration , 20 MN190\173\803751.v3 Registered Owner Willi Hahn Corporation 1348 Dundas Circle Monticello, MN 55362 Federal Tax ID No. ME Signature of Executive Director Exhibit 1 To Taxable TIF Note ACKNOWLEDGMENT REGARDING TIF NOTE The undersigned, acknowledges that: a ("Note Holder"), hereby certifies and A. On the date hereof the Note Holder has [acquired from]/[made a loan (the "Loan") [to/for the benefit] of] Willi Hahn Corporation, a Minnesota Corporation (the "Developer"), [secured in part by] the Taxable Tax Increment Revenue Note (Wiha Tools Project), a pay-as-you-go tax increment revenue note in the original principal amount of $ dated , 20 of the City of Monticello Economic Development Authority (the "Authority"), a copy of which is attached hereto (the "Note"). B. The Note Holder has had the opportunity to ask questions of and receive all information and documents concerning the Note as it requested, and has had access to any additional information the Note Holder thought necessary to verify the accuracy of the information received. In determining to [acquire the Note]/[make the Loan], the Note Holder has made its own determinations and has not relied on the Authority or information provided by the Authority. C. The Note Holder represents and warrants that: 1. The Note Holder is acquiring [the Note]/[an interest in the Note as collateral for the Loan] for its own account, and without any view to resale or other distribution. 2. The Note Holder is an "accredited investor" as defined in Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, and as further described in Exhibit 1A hereto and has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of acquiring [and holding the Note] [an interest in the Note as collateral for the Loan]. 3. The Note Holder understands that the Note is a security which has not been registered under the Securities Act of 1933, as amended, or any state securities law, and must be held until its sale is registered or an exemption from registration becomes available. 4. The Note Holder is aware of the limited payment source for the Note and interest thereon and risks associated with the sufficiency of that limited payment source. D. The Note Holder understands that the Note is payable solely from certain tax increments derived from certain properties located in a tax increment financing district, if and as received by the Authority. The Note Holder acknowledges that the Authority has made no representation or covenant, express or implied, that the revenues pledged to pay the Note will be B-5 MN190\173\803751.v3 sufficient to pay, in whole or in part, the principal and interest due on the Note. Any amounts which have not been paid on the Note on or before the final maturity date of the Note shall no longer be payable, as if the Note had ceased to be an obligation of the Authority. The Note Holder understands that the Note will never represent or constitute a general obligation, debt or bonded indebtedness of the City, the State of Minnesota, or any political subdivision thereof and that no right will exist to have taxes levied by the City, the State of Minnesota or any political subdivision thereof for the payment of principal and interest on the Note. E. The Note Holder understands that the Note is payable solely from certain tax increments, which are taxes received on improvements made to certain property (the "Project") in a tax increment financing district from the increased taxable value of the property over its base value at the time that the tax increment financing district was created, which base value is called "original net tax capacity". There are risk factors in relying on tax increments to be received, which include, but are not limited to, the following: 1. Value of Project. If the contemplated Project constructed in the tax increment financing district is completed at a lesser level of value than originally contemplated, it will generate fewer taxes and fewer tax increments than originally contemplated. 2. Damage or Destruction. If the Project is damaged or destroyed after completion, its value will be reduced, and taxes and tax increments will be reduced. Repair, restoration or replacement of the Project may not occur, may occur after only a substantial time delay, or may involve property with a lower value than the Project, all of which would reduce taxes and tax increments. 3. Change in Use to Tax -Exempt. The Project could be acquired by a party that devotes it to a use which causes the property to be exempt from real property taxation. Taxes and tax increments would then cease. 4. Depreciation. The Project could decline in value due to changes in the market for such property or due to the decline in the physical condition of the property. Lower market valuation will lead to lower taxes and lower tax increments. 5. Non-payment of Taxes. If the property owner does not pay property taxes, either in whole or in part, the lack of taxes received will cause a lack of tax increments. The Minnesota system of collecting delinquent property taxes is a lengthy one that could result in substantial delays in the receipt of taxes and tax increments, and there is no assurance that the full amount of delinquent taxes would be collected. Amounts distributed to taxing jurisdictions upon a sale following a tax forfeiture of the property are not tax increments. 6. Reductions in Taxes Levied. If property taxes are reduced due to decreased municipal levies, taxes and tax increments will be reduced. Reasons for such reduction could include lower local expenditures or changes in state aids to municipalities. For instance, in 2001 the Minnesota Legislature enacted an education B-6 MN190\173\803751.v3 funding reform that involved the state increasing school aid in lieu of the local general education levy (a component of school district tax levies). 7. Reductions in Tax Capacity. The taxable value of real property is determined by multiplying the market value of the property by a tax capacity rate. Tax capacity rates vary by certain categories of property; for example, the tax capacity rates for residential homesteads are currently less than the tax capacity rates for commercial and industrial property. In 2001 the Minnesota Legislature enacted property tax reform that lowered various tax capacity rates to "compress" the difference between the tax capacity rates applicable to residential homestead properties and commercial and industrial properties. 8. Changes to Local Tax Rate. The local tax rate to be applied in the tax increment financing district is the lower of the current local tax rate or the original local tax rate for the tax increment financing district. In the event that the Current Local Tax Rate is higher than the Original Local Tax Rate, then the "excess" or difference that comes about after applying the lower Original Local Tax Rate instead of the Current Local Tax Rate is considered "excess" tax increment and is distributed by Wright County to the other taxing jurisdictions and such amount is not available to the Authority as tax increment. 9. Le islg ation. The Minnesota Legislature has frequently modified laws affecting real property taxes, particularly as they relate to tax capacity rates and the overall level of taxes as affected by state aid to municipalities. F. The Note Holder acknowledges that the Note was issued pursuant to a Contract for Private Development between the Authority and the Developer dated July 13, 2022 ("Agreement"), and that the Authority has the right to suspend payments under this Note and/or terminate the Note upon an Event of Default under the Agreement. G. The Note Holder acknowledges that the Authority makes no representation about the tax treatment of, or tax consequences from, the Note Holder's acquisition of [the Note]/[an interest in the Note as collateral for the Loan]. WITNESS our hand this day of , 20_ Note Holder: By Name: _ Its B-7 MN190\173\803751.v3 Exhibit IA To Acknowledgment Regarding TIF Note The Note Holder understands that the representations contained below are made for the purpose of qualifying the Note Holder as an "accredited investor" as that term is defined in Regulation D of the General Rules and Regulations under the Act and for the purpose of inducing a sale of securities to the Note Holder. The Note Holder agrees to furnish any additional information which the City of Monticello Economic Development Authority (the "Authority") deems necessary to verify the answers set forth below. The Note Holder hereby represents that the statement or statements checked or initialed below are true and correct in all respects. The Note Holder understands that a false representation may constitute an Event of Default as defined in that certain Contract for Private Development, dated as of , 2022 (as the same may be amended from time to time, the "Development Agreement"), between the Authority and Willi Hahn Corporation, a Minnesota corporation, or its registered assigns (the "Developer"). For purposes of this letter an Accredited Investor shall mean any one of the following entities which by check mark or initials the Note Holder represents that it qualifies: The Note Holder is a natural person whose individual net worth, or joint net worth with his or her spouse, exceeds $1,000,000, exclusive of the fair market value of primary residence of the Note Holder, at the time of the purchase. The Note Holder is a natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with the Note Holder's spouse in excess of $300,000 in each of those years and who reasonably expects to reach the same income level in the current year. The Note Holder hereby certifies that all of the equity owners of the Note Holder qualify as accredited individual investors. (Please submit a copy of this page countersigned by each such equity owner if relying on this item). The Note Holder is a bank or savings and loan association as defined in Sections 3(a)(2) and 3(a)(5)(A), respectively, of the Act acting either in its individual or fiduciary capacity. The Note Holder is an insurance company as defined in Section 2(13) of the Act. The Note Holder is an investment company registered under the Investment Company Act of 1940, as amended, or a business development company as defined in Section 2(a)(48) of that Act. The Note Holder is a Small Business Investment Company licensed by the U.S. Small Business Administration under Section 301(c) of the Small Business Investment Act of 1958. B-8 MN190\173\803751.v3 The Note Holder is an employee benefit plan within the meaning of Title I of the Employee Retirement Security Act of 1974 and either (check one or more, as applicable): the investment decision is made by a plan fiduciary, as defined in Section 3(21) of such Act, which is either a bank, savings and loan association, insurance company, or registered investment adviser; or the employee benefit plan has total assets in excess of $5,000,000; or the plan is a self-directed plan with investment decisions made solely by persons who are "Accredited Investors" as defined under the Act. The Note Holder is a private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940. The Note Holder has total assets in excess of $5,000,000, was not formed for the specific purpose of acquiring the Note and is one or more of the following (check one or more, as appropriate): an organization described in Section 501(c)(3) of the Internal Revenue Code; or a corporation; or a Massachusetts or similar business trust; or a partnership. The Note Holder is a trust with total assets exceeding $5,000,000, which was not formed for the specific purpose of acquiring the TIF Note and whose purchase is directed by a person who has such knowledge and experience in financial and business matters that he or she is capable of evaluating the merits and risks of the investment in the TIF Note. B-9 MN190\173\803751.v3 EXHIBIT 2 to Taxable TIF Note ADVANCE CERTIFICATE , 202 Willi Hahn Corporation 1348 Dundas Circle Monticello, MN 55362 Dear This letter is to certify that as of , 202, the principal amount of the Taxable Tax Increment Revenue Note, Series 202_ (Wiha Tools Project) has been increased by $ , pursuant to Section 3.1(c) of the Contract for Private Development (the "Agreement") in connection with the completion of the Phase II Project. Willi Hahn Corporation has provided the City of Monticello Economic Development Authority with all the necessary invoices or cancelled checks evidencing payments due for the Qualified Costs for the Project, required under the Agreement between the parties. Accordingly, interest on the principal amount of $ began accruing on , 202_. Sincerely, Its Executive Director City of Monticello Economic Development Authority B-10 MN190\173\803751.v3 EXHIBIT C FORM OF CERTIFICATE OF COMPLETION CERTIFICATE OF COMPLETION WHEREAS, the City of Monticello Economic Development Authority (the "Authority") and Willi Hahn Corporation ("Developer") entered into a certain Contract for Private Development dated July 13, 2022 (the "Contract"), recorded at the office of the County Recorder of Wright County as Document No. ; and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to constructing the [Phase I Project/Phase II Project], as defined in the Contract; and WHEREAS, the Developer has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the [Phase I Project/Phase II Project] specified to be done and made by the Developer have been completed and the agreements and covenants in Articles III and IV of the Contract relating to such construction have been performed by the Developer, and this Certificate is intended to be a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the [Phase I Project/Phase II Project], but any other covenants in the Contract shall remain in full force and effect. C-1 MN190\173\803751.v3 Dated: , 20_ STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Authority Representative The foregoing instrument was acknowledged before me this day of 20, by , the of the City of Monticello Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the authority. Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered (GAF) 150 South 5th Street, Suite 700 Minneapolis, MN 55402 Telephone: (612) 337-9300 (Signature page to Certificate of Completion) C-2 MN190\173\803751.v3 EXHIBIT D QUALIFIED COSTS Phase I Phase 11 Total Land Acquisition $576,012 $222,988 $799,000 Site Prep 0 $352034 $352,034 Total $576,012 $575022 $11511034 D_1 MN190\173\803751.v3 City Council Agenda: 8/22/2022 2H. Consideration of adopting Resolution 2022-89 approving a modification of TIF Plan budget for TIF District No. 1-45 to reflect adjustments in developer and EDA increment distribution Prepared by: Meeting Date: ® Consent Agenda Item Economic Development Manager 08/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: Community Development Director, City City Administrator Clerk ACTION REQUESTED Motion to adopt Resolution 2022-89 approving a modification of the TIF Plan for TIF District No. 1-45 revising the Sources and Uses of Funds budget to reflect adjustments to the developer and EDA increment distribution. REFERENCE AND BACKGROUND The City Council is being asked to modify the TIF Plan for TIF District No. 1-45 to reflect the adjustments in the amount of increment being distributed to the developer and the EDA. The specific modification adjusts the "Land/building acquisition" line item and the "Site improvements/preparation costs" line item and is needed to align the Sources and Uses lines with the agreed upon increment amount (terms) included in the Purchase and Development Agreement recently approved by the EDA on August 10, 2022. The agreement terms include a total of $2,867,954 in increment payments to the developer for eligible site costs and $1,351,617 to the EDA for the land costs, both of which are paid out from the new development increment over a 26 -year period. With the modification, the EDA will receive approximately 91 percent of the current taxable market value of the site through the increment payments over the 26 years. It will receive the increment payments as principal with interest at a rate of 3.0 percent. As a reminder, the TIF No. 1-45 Plan was approved by the City Council at its June 27, 2022, meeting. The modification step is the final TIF item for approval prior to the EDA entering into the Purchase and Development Agreement with Deephaven Development. A land conveyance closing date may occur in late August or early September pending the developer's completion of the other necessary steps required for the closing. The proposed budget modification is the only change to the TIF Plan. The modification does not alter the TIF Plan activities nor the proposed development in any manner. A summary of the proposed budget modification is included as Exhibit B. (Attachment 1). City Council Agenda: 8/22/2022 Budget Impact: The budget impact from the TIF Plan budget modification is modest. The incurred legal costs will be covered through the developer funded TIF Escrow account. II. Staff Workload Impact: The staff workload related to processing the approval of the proposed TIF Plan budget modification is minimal. The EDA attorney and Northland Securities staff as well as the Economic Development manager and Community Development Director have time allocated to the budget modification process. III. Comprehensive Plan Impact: The Vision adopted as part of the Monticello 2040 Plan is to create a friendly and safe community which is inclusive and fosters a sense of belonging. The value statements call for a "Vibrant downtown that embraces the River and provides a focal point for the community." It also notes as a value "A range of attainable housing options in terms of type, cost, and location." Another value is "A diversified and strong local economy competitive at regional, state and national levels." The Deephaven Development mixed-use redevelopment proposal checks the boxes for all these value statements. STAFF RECOMMENDED ACTION City staff recommends adoption of Resolution No. 2022-89 approving the TIF Plan budget modification. The budget modification is necessary to revise the land/building acquisition budget line and Site improvements/preparation costs budget line reflecting the agreed upon increment distribution terms between the EDA and the developer. The TIF Plan budget modification is solely limited to the Sources and Uses of Funds component of the TIF Plan and does not impact the Plan activities nor the development proposal in any other manner. The budget modification is the final TIF approval item. Platting, City contract and title issues will require resolution prior to land conveyance. SUPPORTING DATA A. Resolution No. 2022-89 B. Attachment 1— Sources and Uses of Funds Budget Modification TIF Plan 1-45 CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. 2022-89 RESOLUTION APPROVING A MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-45 WHEREAS, on June 22, 2022, the City of Monticello Economic Development Authority (the "Authority") approved a Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing (Redevelopment) District No. 1-45 (Block 52) (the "TIF District") located within the Central Monticello Redevelopment Project Area No. 1 (the "Redevelopment Project"), pursuant to Minnesota Statutes, Sections 469.001 to 469.047, 469.090 to 469.1081, and 469.174 to 469.1794, all as amended (collectively, the "Act"), and on June 27, 2022, the City of Monticello, Minnesota (the "City") approved the establishment of the TIF District; and WHEREAS, the City and Authority have determined a need to modify the TIF Plan in order to amend the budget contained therein as reflected in that certain document provided in Exhibit A attached hereto and labeled "Modification of the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-45 within the Central Monticello Redevelopment Project No. 1" (the "Amendment"); and WHEREAS, the Amendment is consistent with the redevelopment plan for the Redevelopment Project; and WHEREAS, pursuant to Section 469.175, subd. 4(b) of the Act, a tax increment financing plan may be modified without public hearing or the findings required to be made for the original tax increment financing plan if the modification does not include (i) any reduction or enlargement of the geographic area of the project or tax increment financing district; (ii) an increase in the amount of bonded indebtedness; (iii) a determination to capitalize interest on debt if that determination was not a part of the original plan; (iv) an increase in the portion of the captured net tax capacity to be retained by the City; (v) an increase in the estimated cost of the project, including administrative expenses, to be paid or financed with tax increment from the district; or (vi) the designation of additional property to be acquired by the authority; and WHEREAS, the Amendment revises the budget for the TIF District to increase the amount budgeted for site improvements and preparation costs and to decrease the amount budgeted for land acquisition and administrative costs but does not increase the total estimated cost of the project or the total amount of bonded indebtedness; and WHEREAS, on August 10, 2022, the Authority approved the Amendment. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota as follows: 1. The Amendment is hereby approved in substantially the form on file in City Hall and attached hereto as Exhibit A. 2. Authority staff is authorized to forward a copy of the TIF Plan as modified by the Amendment (the "Modified TIF Plan") to the Department of Revenue and the State Auditor pursuant to Minnesota Statutes 469.175, subd.4(a). 3. The City Clerk is authorized and directed to forward a copy of the Modified TIF Plan to Wright County. DATED: August 22, 2022 Mayor ATTEST: City Clerk MN 190\ 159\815218.v 1 2 EXHIBIT A ATTACHMENT 1 MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-45 WITHIN THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 I. Background The Tax Increment Financing Plan for Tax Increment Financing District No. 1-45 (the "TIF District") within Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project") was originally approved by the City of Monticello (the "City') on June 27, 2022 (Resolution No. 2022-64), and by the Monticello Economic Development Authority (the "Authority") on June 22, 2022 (Resolution No. 2022-17); The City and the Authority have determined a need to modify the TIF Plan in order to amend the estimated sources and uses of funds; Nothing in this modification is intended to modify or supersede or alter the activities described in the original Redevelopment Program for Central Monticello Redevelopment Project No. 1. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modification to TIF District No. 1-45 The following sections of the TIF Plan for TIF District No. 1-42 are modified as shown: Subsection 2.04.3 Estimated Sources and Uses of Funds. Replaced in its entirety to read as follows: The estimated sources of revenue, along with the estimated Public Development Costs of the TIF District, are itemized in Figure 2-1 that follows. Such costs are eligible for reimbursement from tax increments from the TIF District. The City and Authority reserve the right to administratively adjust the amount of any of the Estimated Tax Increment Project Cost line items listed in Figure 2-1, so long as the total Estimated Tax Increment Project Costs amount, not including financing costs, is not increased. MN190\159\815218.v1 Figure 2-1 Estimated Sources and Uses of Funds Modified Total Budget Estimated Tax Increment Revenues (from tax increment generated by the district) Tax increment revenues distributed from the County 6,973,000 6,973,000 Interest and investment earnings 35,000 35,000 Sales/lease proceeds - - Market value homestead credit - - Total Estimated Tax Increment Revenues 7,008,000 7,008,000 Estimated Project/Financing Costs (to be paid or financed with tax increment) Project costs Land/building acquisition 1,484,100 1,351,617 Site improvements/preparation costs 2,621,758 2,867,954 Utilities - - Other public improvements - - Administrative costs 163,713 50,000 Estimated Tax Increment Project Costs 4,269,571 4,269,571 Estimated financing costs Interest expense 2,738,429 2,738,429 Total Estimated Project/Financing Costs to be Paid from Tax Increment 7,008,000 7,008,000 Estimated Financing Total amount of bonds to be issued MN 190\ 159\815218.v 1 4 7,008,000 7,008,000 ATTACHMENT 1 MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-45 WITHIN THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 I. Background The Tax Increment Financing Plan for Tax Increment Financing District No. 1-45 (the "TIF District") within Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project") was originally approved by the City of Monticello (the "City") on June 27, 2022 (Resolution No. 2022-64), and by the Monticello Economic Development Authority (the "Authority") on June 22, 2022 (Resolution No. 2022-17); The City and the Authority have determined a need to modify the TIF Plan in order to amend the estimated sources and uses of funds; Nothing in this modification is intended to modify or supersede or alter the activities described in the original Redevelopment Program for Central Monticello Redevelopment Project No. 1. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modification to TIF District No. 1-45 The following sections of the TIF Plan for TIF District No. 1-42 are modified as shown: Subsection 2.04.3 Estimated Sources and Uses of Funds. Replaced in its entirety to read as follows: The estimated sources of revenue, along with the estimated Public Development Costs of the TIF District, are itemized in Figure 2-1 that follows. Such costs are eligible for reimbursement from tax increments from the TIF District. The City and Authority reserve the right to administratively adjust the amount of any of the Estimated Tax Increment Project Cost line items listed in Figure 2-1, so long as the total Estimated Tax Increment Project Costs amount, not including financing costs, is not increased. Figure 2-1 Estimated Sources and Uses of Funds Modified Total Budget Estimated Tax Increment Revenues (from tax increment generated by the district) Tax increment revenues distributed from the County 6,973,000 6,973,000 Interest and investment earnings 35,000 35,000 Sales/lease proceeds - - Market value homestead credit - - Total Estimated Tax Increment Revenues 7,008,000 7,008,000 Estimated Project/Financing Costs (to be paid or financed with tax increment) Project costs Land/building acquisition 1,484,100 1,351,617 Site improvements/preparation costs 2,621,758 2,867,954 Utilities - - Other public improvements - - Administrative costs 163,713 50,000 Estimated Tax Increment Project Costs 4,269,571 4,269,571 Estimated financing costs Interest expense 2,738,429 2,738,429 Total Estimated Project/Financing Costs to be Paid from Tax Increment 7,008,000 7,008,000 Estimated Financing Total amount of bonds to be issued MN 190\ 159\815218.v 1 2 7,008,000 7,008,000 City Council Agenda: 8/22/2022 21. Consideration of approving a Right of Entry for Buchholz Construction and/or Block 52 Holdings, LLC on City owned parcels in Block 52 for purposes of site security and staging and storing construction equipment and supplies/materials related to the Block 52 development. Prepared by: Meeting Date: ® Consent Agenda Item Economic Development Manager 08/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: Community Development Director, City City Administrator Clerk, City Attorney /_N IfQ L1l:410111*11tcp Motion to approve a Right of Enty for Buchholz Construction and/or Block 52 Holdings, LLC for City owned property in Block 52 for purposes of installing site security fencing as well as staging and storing construction equipment and supplies/materials. REFERENCE AND BACKGROUND The City Council is asked to authorize a Right of Entry for the City owned parcels in Block 52. The Right of Entry would extend to the three parcels owned by the City located in the northwest corner of the block. These parcels are utilized as a public parking lot. The Right of Entry allows Buchholz Construction and/or Block 52 Holdings, LLC to begin preparing for the construction of the Block 52 mixed-use development proposal. The specific purpose for the Right of Entry is to facilitate security fencing to be installed at the site and allow the staging and storing of construction equipment and supplies/materials. The City attorney reviewed the proposed Right of Entry document and provided language regarding key sections in the document. The Right of Entry does not authorize the demolition and reconstruction of the parking lot. The terms and conditions for that project are outlined in the City's approved development contract and are not expected to occur until 2023. The City will notify adjacent property owners of the closure of the parking lot for these activities. Walnut Street will remain open through 2022 and provide for on -street parking availability. In addition, City staff have already been working to limit and coordinate alternatives for park activities in the vicinity which may be impacted by the Block 52 development and parking lot closure. City Council Agenda: 8/22/2022 Budget Impact: The budget impact from considering the Right of Entry for the Block 52 development proposal is minimal. The incurred legal costs will be covered through the developer funded TIF Escrow account. II. Staff Workload Impact: The staff workload related to presenting the Right of Entry to the City Council involves several staff including, the Economic Development Manager, Community Development Director, and the City attorney. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of a Right of Entry for Buchholz Construction and/or Block 52 Holdings, LLC for the City owned parcels in the Block. By authorizing the Right of Entry, the developer will be able to efficiently utilize parcels in the block to perform the necessary work tasks related to the project and safely store equipment and supplies/materials adjacent to the construction site. SUPPORTING DATA A. Proposed Right of Entry B. Aerial Photo RIGHT OF ENTRY The City of Monticello hereinafter called "City"; does hereby consent and grant to Buchholz Construction and/or Block 52 Holdings, LLC hereinafter called the "Licensee", and its agents a license to enter for the purpose of installing site security fencing and staging and storing construction equipment and supplies -materials across the following described lands situated in the County of Wright, State of Minnesota, to -wit: ■ Block 52 City owned properties shown below ■ PID # 155010052140 (Tract 2) ■ PID # 155010052150 (Tract 1) ■ PID # 155010052132 (Tract 'n This right to enter shall commence on August 23, 2022 and terminate on November 10, 2024. Licensee shall accept the Premises in "as is" condition and upon the termination of this agreement shall surrender the Premises in substantially the same condition in which it was at the beginning of the occupancy, with the exception of the parking lot improvements completed per the construction plans and specifications as identified in the Land Use Development Agreement authorized by the City Council at the July 11, 2022, meeting. Licensee shall complete the work of installing site security fencing and staging and storing construction equipment and supplies -materials in compliance with all federal, state, and local laws, and regulations and permit requirements for such activities. Licensee or its agents shall be qualified and possess required state or federal licenses to perform the identified work tasks on the Premises. Licensee or its agents shall perform all activities on the Premises authorized under this license in a safe and professional manner. Licensee shall indemnify, defend, save, and hold harmless the City and its officers and employees from all claims, expenses, losses, or liabilities in connection with Licensee's use of the Premises or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by Licensee or any of its agents or employees. Licensee shall name the City of Monticello as an insured (named insured) in the amount of $1,000,000 related to the work activities to be performed on the Premises. The licensee shall provide a letter of credit or cash security to the City to ensure restoration of the property upon completion or abandonment of the work undertaken by licensee. The amount of security shall be based on mutually agreed cost estimates determined by City staff and licensee. This Agreement is binding upon the parties, their successors in title or interest, assignees, and heirs. Licensee shall not assign any of its rights or responsibilities hereunder without first obtaining the written consent of the Owner. The license granted by this Agreement is a license to use the Premises for the specified purposes as set forth herein and does not create any estate or interest in the Premises. Page 1 of 2 (LICENSEE NAME) Its STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT) The foregoing instrument was acknowledged before me this day of , 2022, by , the of , a Minnesota limited liability corporation, on its behalf. Notary Public CITY OF MONTICELLO By Rachel Leonard City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OFWRIGHT ) The foregoing instrument was acknowledged before me this day of , 2022, by Rachel Leonard, under her authority as the duly appointed City Administrator of the City of Monticello on behalf of the City of Monticello. This instrument was drafted by: City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Notary Public Page 2 of 2 m 16 #fe Tract 1 1 5501 00521 40 9ii w 155010 52120 Tract %M@@MM - Tract 7 CAP,� 55010052 014; t 31 ry bj Tra � s'4 - 155oi oo52oi o — 155010052031 �� j 15 5 02 ` Tract 11 50 2101. Trac ^ 40 Tract 12 Tract 14 : 155 10052 ' Tract �4j� 4% to N AF � 5�oiloos�o3a I i, Jp iNm@@MM 41W 4*r' A' City Council Agenda: 8/22/2022 21. Consideration to approve an Amendment to Planned Unit Development for the Addition of a Paint Booth as an Accessory Structure in the Camping World Planned Unit Development. Applicant: Camping World Prepared by: Meeting Date: ® Consent Agenda Item Northwest Associated Consultants 8/22/2022 ❑ Regular Agenda Item (NAC) Reviewed by: Approved by: Community Development Director, City Administrator Chief Building & Zoning Official, Project Engineer, Community & Economic Development Coordinator Motion to approve the PUD amendment for a paint facility for Camping World, subject to the conditions in Exhibit Z and based on findings in Resolution No. PC -2022-43. The Planning Commission recommends approval of the amendment to PUD, subject to the conditions in Exhibit Z. REFERENCE AND BACKGROUND Property: Legal Description: Lot 1, Block 1, Camping World First Addition IlfC11111 sIX11 Planning Case Number: 2022-029 Request(s): Amendment to PUD to allow the installation of a prefabricated paint structure to an existing building. Deadline for Decision: September 10, 2022 (60 -day deadline) November 11, 2022 (120 -day deadline) Land Use Designation: Regional Commercial (RC) Zoning Designation: Camping World PUD District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Camping World, Recreational Vehicle Sales and Service Surrounding Land Uses: North: East: South: West: Project Description: ANALYSIS: City Council Agenda: 8/22/2022 1-94 Multi -tenant Commercial Commercial Self Storage and RV Dealership Motorsports Dealership Camping World is requesting the installation of a prefabricated paint/spray booth for painting RVs as an extension to their current building. This is a steel construction standalone unit, encased in a separate structure, with proposed dimension of 60' deep, 18' 7" 3/8' wide and a working height of 18' high, total height of 28'.5" with the roof mounted exhaust system. The site plan appears to show the addition attached to the existing principal building. The applicants are updating the site plan to provide additional detail on the location and configuration. As noted above, the applicant is seeking an amendment to their existing PUD approval to accommodate the expansion of their current Recreational Vehicle sales and service operation from its current extent at 3801 Chelsea. The paint/spray booth is located immediately adjacent to existing building in front of what appears to be an existing door on the south and west side of the building. According to the plan the extension will be tucked away from the highway and in a less visible area. It is noted the proposed addition would face the facility's Chelsea Road frontage. No other changes to the approved site plan are proposed as a part of this amendment. Building Materials/Visibility. The building is a prefabricated metal -sided ribbed structure. In the B-3 District, which is the original zoning designation for this site and for adjoining commercial properties, metal siding is not considered an allowable building material. The City has permitted other masonry -look materials, such as EIFS or stucco finishes, or applied masonry veneer materials to meet the requirements of the typical commercial zoning requirements. The existing principal building is constructed of masonry finishes and materials, primarily concrete. Because PUD is intended to be used to ensure that the land use objectives of the City are met while permitting variations from the typical zoning standards, the City and applicant may negotiate alternative designs. It is acknowledged that the building addition itself is unlikely to be visible from Chelsea Road given the display area for recreational vehicles on the site. However, if those vehicles are moved, the building would be visible, and will of course be visible to visitors. An exterior wall treatment of a masonry or masonry -like material would be more in keeping with the neighboring structures and the intent of the PUD zoning. City Council Agenda: 8/22/2022 In discussing this item with the applicant, they note that a similar treatment for the "detail" building on the parcel to the east was applied over the original metal building. It is staff's understanding that a similar treatment will be considered for the proposed paint/spray building. Mechanical Equipment. While the building itself is just 18 feet in height, it appears to have mechanical equipment approximately 28.5 feet high (more than 10 feet above the proposed building height). Roof -mounted mechanical equipment is required to be screened from the public right of way. While the building itself may have limited exposure to the street due to the placement of recreational vehicles, the extended ventilation equipment would raise an issue of greater concern in this regard. The generally applicable zoning ordinance requires screening of mechanical equipment. The rationale for this requirement is to emphasize the commercial nature of the property, where retail visitors frequent the property, as distinguished from industrial property, where machinery and mechanical equipment are more common. It may be_possible that if the exhaust equipment shown on the plans and supplemental photos is constructed within a structure that screens the view of the equipment itself, and in which that structure utilizes exterior materials that are consistent with the existing building or the treatment provided for the addition, the overall appearance of the facility would be closer to the intent of the commercial nature of the area. The applicants should plan for such screening, consistent with the building materials requirements of this report. Parking and Circulation. The proposed building is to be located adjacent to a corner of the building with access to the larger parking and RV display area. The plan should be dimensioned to illustrate access to the proposed building extension for vehicles on the site, as well as for fire and other emergency vehicle access. With the covering of the existing service door the proposed paint structure, it may impact other building or fire code building access. Building and Fire. Apart from the circulation discussion above, there is concern from staff that the building itself would raise issues related to fire separation and other building code requirements for additions. The original application is unclear, in that is shows the building addition shifted to be directly adjacent to the existing building. However, in further discussions with staff and in supplemental material submissions, the applicants have verified that the addition would be connected to the existing structure through a vestibule to be added between the two buildings. As such, the applicants are revising the site plan to show the actual proposed building siting and vestibule. For additional clarification, utilizing existing fire doors could raising fire exiting issues for the existing structure. The applicants have been asked to resolve this issue as a part of the updated plans. City Council Agenda: 8/22/2022 Finally, for most situations, an attached addition to an existing building would typically require frost footings to avoid ground frost issues between the principal building and the attached structure. It is not clear from the proposal how those issues would be addressed. While this is not a zoning issue, it is something for the applicants to be aware of for building permit purposes. Budget Impact: The applicant provides an escrow to cover the costs of review of the application. II. Staff Workload Impact: City Planner NAC prepared the staff report; their time is coded to the noted escrow. City staff had a minor amount of time in the review of the application and staff report, an estimated 2-4 hours. III. Comprehensive Plan Impact: The proposed request is consistent with the intent of the City's commercial land use districts as identified in the Monticello 2040 Plan and the Land Use strategy of "accommodating many different kinds of businesses of all shapes and forms". PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed this item and held a public hearing on the request during their regular meeting on August 2, 2022. The Commission clarified that the screening condition related specifically to the rooftop equipment. The manufacturer of the paint booth and the General Manager of Camping World were present to address the Commission. General Manager Ron Baker confirmed that the building will be finished with similar material to the shop building on site. Equipment manufacturer Jeff Syvrud stated that they are working with an architect to determine the final location of the vestibule connecting the booth to the main building. Hearing no other public comment, the Commission closed the hearing. In their discussion, the Commission indicated that with the supplemental information provided by the applicant, as well as confirmation of exterior materials to be applied to the booth, and with the conditions in Exhibit Z, they would be comfortable with the proposed addition. The Commission voted unanimously to recommend approval of the amendment to the Planned Unit Development with the conditions as outlined in Exhibit Z. STAFF RECOMMENDED ACTION Staff has outlined a series of conditions for the PUD amendment to address the proposed building's compatibility with the principal building given its location, visibility, and design. These City Council Agenda: 8/22/2022 conditions would result in changes to the structure that reflect the existing building and shields the views of the mechanical equipment from view of the roadways. With these changes to the structure and plan, the use would be permissible, as long as it is compliant with the overall building codes and standards. The installation of any such spray booth must be inspected and reviewed by building department staff to guarantee safety and fire code compliance. As discussed above, the applicant proposes to make negligible changes to the site beyond the limits of the building itself. The location is situated on a portion of the site that is already paved, so there is no real impact on impervious surface or stormwater — provided the building location does not interfere with on-site circulation. SUPPORTING DATA A. Resolution PC -2022-43 B. Aerial Site Image C. Applicant Narrative D. Certificate of Survey E. Plans, Including: a. Site Survey b. Vendor Submittal Package F. Building & Fire Department's Letter, dated July 27, 2022 G. Supplemental Application Information Z. Conditions of Approval CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT FOR CAMPING WORLD AT 3801 CHELSEA ROAD WEST TO ADD AN ATTACHED PAINT FACILITY IN SUPPORT OF ITS VEHICLE REPAIR SERVICES Lot 1, Block 1, Camping World First Addition PID #:155243001010 WHEREAS, Camping World operates a recreational vehicle sales and service facility at the above address under a Planned Unit Development; and WHEREAS, the applicant proposes an expansion of the principal building to add a paint booth facility for vehicles that it services on-site; and WHEREAS, the use is an appropriate accessory use under the terms of the Camping World Planned Unit Development District which is the property's zoning designation; and WHEREAS, the expansion constitutes a change to the approved site plan which triggers an amendment to the approved PUD; and WHEREAS, the expansion, when designed to meet the conditions of PUD approval as listed below will comply with the requirements of the PUD District and the Monticello zoning ordinance; and WHEREAS, the Planning Commission held a public hearing on August 2, 2022 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed paint facility is an allowed accessory use to the principal vehicle sales facility as regulated by the Camping World PUD District. 2. The proposed facility is not expected to have a tendency to increase traffic on the adjoining streets. 3. The proposed facility can be accommodated by existing municipal utility systems and other infrastructure, and is within the anticipated service capacity of said systems. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-043 4. The proposed facility, when meeting the conditions of approval in this resolution, will meet the requirements of the applicable zoning district and the intent of the commercial zoning and land use regulations of the area in which it is located. NOW, THEREFORE, BE /T RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the application for an Amendment to the Camping World Planned Unit Development, subject to the conditions listed in Exhibit Z of the staff report as follows: 1. The building exterior is covered with a material so as to be consistent with the existing principal building exterior. 2. The mechanical equipment is screened from view of Chelsea Road with material consistent with that of the principal and proposed buildings. 3. Paint/spray booth must conform with fire safety requirements of applicable City codes. 4. Updated plans for both site and building are provided to verify compliance with the items above. 5. Compliance with the recommendations of the City Engineer regarding grading and drainage. 6. Compliance with the City's Building and Fire Department Staff letter dated July 27, 2022. 7. Comments and recommendations of other Staff and Planning Commission. ADOPTED this 2nd day of August by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: (4 "--4- �� Andrew Tapper, Vicog r ATTEST: Bela Sch4k jan�, kommunity Development Director 2 �UN�AS RD Narrative: Camping is requesting the installation of an outdoor Pant/Spray Booth for painting RV's Next to their current building. This is a SINGLE steel construction standalone unit with proposed dimension of 60' deep, 18' 7" 3/8th wide and a working height of 18' high, total height of 28'.5" with the roof mounted exhaust system , attached is photo example along with the booth specifications. GUTTERS & DOWNSPOUT � L '-rte---­II D OR OPENING WORKINGWIDTH The paint booth will not include any external lighting or signage The paint booth addition will not have an impact on the water or wastewater system. A landscape plan will be submitted with the permit application. ii '-rte---­II D OR OPENING WORKINGWIDTH The paint booth will not include any external lighting or signage The paint booth addition will not have an impact on the water or wastewater system. A landscape plan will be submitted with the permit application. SECTION 1 a. T121 N. R25W VICINITY MAP (NO SCALE) ZONING REQUIREMENTS ZONED B-3 - HIGHWAY BUSINESS DISTRICT OVERLAY DISTRICT FBS - FREEWAY BONUS SIGN DISTRICT VEHICLE SALES & RENTAL IS A CONDITIONAL USE MINIMUM LOT AREA - NONE MINIMUM LOT WIDTH - 100 FEET MAXIMUM HEIGHT - 2 STORIES / 30 FEET BUILDING SETBACKS: FRONT - 30 FEET STREET SIDE - 2a FEET INTERIOR SIDE - 10 FEET REAR - 30 FEET PARKING SETBACKS* 6 FEET TO ANY LOT LINE PARKING REQUIREMENTS: 8 SPACES PLUS ONE ADDITIONAL SPACE FDR EACH 800 SQ. FT. OF FLOOR AREA 1 OVER 000 5 - FT. VEHICLE SALES Q � AND RENTAL) (AS PER CITY OF MONTICELLO ZONING CODE) ,,1�, / FOUND 1 r" / a RON PIF 0 20 40 1� I 1 INCH EQUALS 40 FEET CHAIN LINK YY C RIGHT QF WAY ���9ltYSiAL�$ FENCE - � ,4 T� -- NORTHWEST CORNER OF "CAMPI 3801 CHELSEA ROAD Wf CITY OF MONTICELLO, WRIGHT COUN �� / / �: l - - LONG:- - WORE p FIR... AD�31T10N '' S� / LP '1, S C Ab O .. O _ e G P Q D s7 L G -_ o ri �{. a f a _ R s o- o _ �. . :'� o AROP E A N '1 09 A R 1 E' ' �e G R - �' O G I OD E ANK S q PARAPET ❑ 4 R � 5� F s :- �R y F - . H I 7- �- E GH • �� � .. -CRN _,[1 .a. / , l / ' -- _' "_iiIfiLIMINrlk15� .. .. �� � ���r R _ . - _ -- _ TRT / — , , © i 1 Z' DRAINAGE & UTILITY EASEMENT V / % 90TH STREET 3RD ADDITON} fi' DRAINAGE & U7[L1TY EASEMENT J I 90TH TR PP I S EET 3R A ADDITION SCHEDULE 8 TEM 21 ) SC REDUCE $ITEM 2 L 1 } 1 � it FH I r 22I5HFEET +�� 3 I . _ -'PILLAR .. .. CE Z 470 _ A2:�.. - . p9NErRiC . 8��o� o ° 148.73 . .. .. - - ZS a 9 p o ET . 2 D h F _ S N , . 7 S 1. '' 4a pp �� R 4 N S I M K D IDE OF "CAMPING WORLD" :HELSEA ROAD WEST L0, WRIGHT COUNTY, MINNESOTA BASIS FOR BEARINGS WRIGH I COUNTY COORDINATE SYSTEM (NAD 83, 1996) (VIA REAL TIME GPS MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT OF TRANSPORTATION VRS NETWORK) LEGAL DESCRIPTIIONS FIRST AMER€CAN TITLE INSURANCE COMPANY COMMITMENT NO. NCS-822199MN1-PHX1 AM N M NTN AT M 4 E D E 0 3 D ED DECE BER 1 2x16 Parcel A: Lot 1, Block 1, Camping World First Addition, Wright County, Minnesota, recorded as Document No. A1332803. Parcel B: Lot 1, Block 1, Maas Addition, Wright County, Minnesota, recorded as Document No. 1227140. a (Abstract property) 1 The property described and shown hereon is the same property as described in First American Title Insurance Company commitment number NCS-822199MN1—PHX1 Amendment No. 3, dated December 14, 2016. ADJACENT PYLON SIGN 3.7 AREA SUMMARY PARCEL A = 385,582 SQ, FT. OR 8.8579 ACRES PARCEL B = 259,313 SQ. FT. OR 5.5939 ACRES 3.4 /, _ - ri � : �v Q. 4 Ce ry d d_ '. 2.9, ET c�'i Q a 0 d _ - P ��� ' NORTHEASTERLY •---� ry � L �.. �. :i-- NOTE: A MUNICIPAL INFORMATION SUMMARY REPORT BY ® - LINE OF VACATED a -= - - • . J' 4 #AH -: CHELSEA COURT , '' • Y'- " CBRE, DATED NOVEMBER 15, 2018 STATES THE USE QF � . - a .q d - 3 , q--- .0. '',44ti- a CONC. 1 �•i-•.:• - --Q ¢ q�- ,;.:• -O PAD .. J TH€ SUBJECT PROPERTY 15 CONSIDERED LEGALLY r`� .Q o.,, - d 7S d , CONFORMING AND THE IMPROVEMENTS ARE CONSIDERED � ,•", , I „I PROPOSED PAVED PARKING LOT a ...ti -11' - - . E3-• - LEGALLY CONFORMING. "OF NOTE, 93 PARKING SPACES y 1 �, - • _ F Z r. := :- . AND ACCESS DRIVE AISLES I , •i ,- w 4 , � ARE PROPOSED TO BE PR4NDED ON-SITE.' 1 ', Yn T 0 yJ : m ce . a -v _ ��pp - Z •'` - 47,8. Cr �,, 5�� 01 Y� 1 CETY DRAINAGE EANO 0 TIUTYNTO w 7 z I s6 G -.ry �_ - Q tt RW.lil . . + t, LL 1l1 iF -6 EASEMENTS DOC. N17. A1332896 d c� e I LP r d o $ - D D SCHEDULE B ITEM 34 Krn�. - a CONC. LP °n 5—D .el /. . a $ w oQ PAD a• [� r�_1 oe' 4 v ... x q (y . TR T� O 9 O- Q .. .... � � � ti PID # F n �,• � � _ ,�� O d n • F. N m.'v7".' v d 2 •ti ' I is LL w / ._ 4 _ 4� I NOTE: THIS PARCEL VACANT AT THE TIME N v a- Q �] s � Q r OF THIS SURVEY F d % J w V LEGEND �: -- r H- B I LP ❑ ^ 43:fi PARAPET G C f� R#t e x d' P- a � d N -- W � Y Q n HEIGHT- S - •caN F, MH MANHOLE 4 8 W a 22.4 FEET Sr •6 •-C,:� ' PAD 4• �' o o / . Y �' w r� N �. 3 ❑ T - z O , CB ® CA CH BASIN 'yY 1E' a �L � w m R "d a P (% I 0 D w 5 H o • 8 ❑ e w R c� o ❑ ❑� d D R _q _ 3 rY a N S P P R P •�' :^ P OWE OLE � a e . c a F f FP � 1 ry W N l 1 L 'C o d CONC., LP WV WATER VALVE c W �x PARAPET P AD a _ I [n o [� 4I OG ar cn - _ • LP n �� LP iJGHT POLE • R6:. HE1GH T (lJ w.. fil SOUTHWE57ERLY LINE OF-:: 22.6 FEET I� m �= p. '• 1. '• •, T 1 K 1 AMPIN - - r a H WV - FHS fIRE HYDRANT L0 $LOC C G . �:.. '.•. c� WORLD FIRST ADDITION . O T F v E ELECTRIC TRANS ORMER 1 ❑ 0 W '♦ .. .. •• .. ,. y TMH PH N MANH - - - - - . V TELE o E DLE _ V U o f �:: I n .. 3 z O . .. a MH � o PARKING SUMMARY {/�� . L! .. .. U EMH ELECTRIC MANHOLE �D Q t N fl 4 � r - - - - o �SE a 1 N A A 0 GM GAs METER 4 STA D RD SP CES Q'. =3 II 7 _ - I .� R r 2 • z<r •k• C +S _ - �Fr. �I 0 us' + +�7 I C 9 C R s' HAN I AP PA 4•' � ` D v AN ❑ T 2 D C S CES a 3 o cLE u • i N p P L CYT' A L U �• S � O � � H � GE' _ 1 M � 0 , H Q ._ a FP 0 FLAG POLE T T T I I �' a^• E ! 15 0 AL S R PED PARK NG ry I �. U � r G _ �� n �E o R n e n a :a I _ c m s' ❑ I SPACES �~ r u1 0 rr ^� :' a GUARD P05T Q r� _ - O '�+ � ti r D MH - M £ o � �: 2 S .� n e 1 0� cN �� S� � M - .. P -a m N ON � - � SIGN / e LP � x I Few r z : .�� , MH rr,w., - - - "l .. _ Q r_. '' a V ++�� r V Q r t J ..�• -- _ r ^ �f a R N 1N J O VE VNDERG DU D ELECTR C L ES a a .. .. �W w m f/ �y . K' -. ❑ - E7' a -. - UT llNDERGROUN❑ TELEPHONE LINES h a `t -sn �8 •MIN•'S• a d N rni 1 - - - :' G GAS MAIN SERVICE s 1 �a / �. R NG -i . +ARK LQ - o 4 .,� ar ?. �' WEST LINE OF �. W WATER MAIN RVICE S 1 .. - x ..sw 4'' 1 LOT 1 BLOCK 1 - . . MAAS ADDITION r, - _ - .. DENOTES DIMENS ON 'Y L P R IN ^•P,• .. - M MEA5U ED DUR G THE LP L 4 R F THI R Y 7 COU SE 0 SSU vE - .f�i•' _ J 4 1 MH. C R 7 S 0 E 7FtAhEGE' Al N �r TEt DENOTES RECORD R .. M F�[I.T BLDCKEb -'A1 - DIMENSION AS PER PLAT 4W 1 . £B ` . R TMH 7H • 7fT1E •-0 THIS. ' (] co OF CAMPING WORLD VE i .. -�-- - - b '3�' ti- % .. FIRST A TTI N _ fl. -• . DD O �' CR TR �MH� - d CB .. T - I DENOTES SET SURVEY .. • _ - w. A .T. V IJ - T 1- • MONUMENT MARKED E it E LC1 MH C L6CK: 1 tAk* J I e = L "KEMPER 18407" � -• - , . ... .. - �. WOR... flR , ADDITION.. -' S F :- �-y- DENOTES TRA FTC MH F !R - — - - LOW D ECTiON - _.. -- -'' . --- �• Cly' �' . - - .::. • • , • ..-... •..:., sDil •srE�f:Y•L D� ' •••�::.'-_ `. --' DENOTES 81TUMINDUS SURFACING C _ - TNwk . . _ LOt 1 :B OCK 1 CAMPIYiG • . U L ..• CD R' r %4 0 FIR T= TTI' N - WORLD... ADD O wv � _ M I 4 DENOTES CONCRETE SURFACING LP y -I. FH _ - 10.3 ": 2 • - . VR VIR A RFRN Y M - S TU L EEE CE SSTE aa.: ^ r s �. =:.• �V r . RLS REGISTERED LAND SURVEYOR M 2 I �. �' - LP D °(] R' TR , A - r 'hH-' w. NOTES CORRESPONDING TD SCHEDULE g 1 --:. �' X �rj•'-, J, ❑� c U ' e TR - r- . ya.. 4 E - nn �J z7 N FIRST AMERICAN TI TLE INSURANCE COMPANY rMH ., r D tx `3 e I,= P NOTES COMMITMENT N0. NCS 822199MN1-PHX1 ' - ':_ - -- �`�°�: -..0 � .:'' _- - . } r .. - f . ;`!ICF' • .. - .. - - N S SURVEY WAS CONDUCTED WITH A LEICA MS 50 ROBOTIC TOTAL STATION A T A 1 1 MENDEMEN NO 3, D TED DECEMBER 4, 2d 6 ,- _ ,� _ . .. ::' ' - - - YI AN -� _ _ - D LEICA GS 14 GNSS RECEIVER. `. o 18. AFFECTS PARCEL B 30. ORDER 2015-045C BY THE MONTICELLO CITY COUNCIL, RECORDED z 2. ALL DIMENSIONS FROM BUILDINGS TD PROPERTY LINES ARE MEASURED # y PERPENDICULAR OR RADIALLY TO SAIp PROPERTY LINES- DECEMBER 12, 2016, AS DOC. NO. 1333919, REGARDING TWE 20N1NG OF S2} -•• ~ 18. AFFECTS PARCEL B PART OF THE LAND. P _ - _ _ _ •• '' L .:: 3. AL I : � •: �+ , . I - L DREVEWAY AND STREET THROAT D MENSIONS SHOWN ARE MEASURED FACE AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. -`"IC m OF CURB TO FACE OF CURB, UNLESS OTHERWISE NOTED- 19. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF - ' •� C R - ' � ;- ; • •:_=_ • , •... -- . _ •"•''.-•,. ;'. w 4. THERE 15 NO OBSERVABLE EVDENCE OF CEMETERIES OR BURIAL GROUNDS, OR 90TH STREET ADDITION. 31. CONDITIONS CONTAINED IN ORDER #2015-0458 BY THE MONTICELLO R � ��Rg.' '.. - . ,_ ;'-' •• •= _ ;'' : '' GRAVESITE5 ON SUBJEC7 PROPERTY. AFFECT SUBJECT PROPERTY ANO ARE PLOTTED AND SHOWN HEREON. CITY COUNCIL, RECORDED DECEMBER 12, 2016, AS DOC. NO. 1331920. FLOOD ZONE _ y '' = w AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. ~ 5. THERE ARE NO PONDS, LAKES, SPRINGS OR RIVERS, OR WATERWAYS BORDERING . ' LP - w 20. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT DF SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X .- •' DN OR RUNNING THROUGH SUBJECT PROPERTY. ' `'. == 90TH STREET 2ND ADDITION, RECORDED AS DOCUMENT NO. 721548. 32. CONDITIONS CONTAINED IN ORDER { 2016-045A BY THE MONTICELLO - . MH MdtJUMEhk7-_ s. uTIUTIEs sHaWN HEREGN ARE As PER ABGVE GROUND EINDENGE. [AREAS DETERMINED TO BE OUTSIDE 500 YEAR AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. CITY COUNCIL, RECORDED DECEMBER 12, 2016, AS DOC. NO. 1333821- A F MH \ �_ ILP AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. FLOOD PLAIN} CCORDING TO THE EDERAL 7. ACCESS IS GAINED TO THE SUBJECT PROPERTY VIA CHELSEA ROAD WEST, - :• .` - WHICH IS A DEDICATED PUBLIC RIGHT-OF-WAY. 21. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE Pi AT OF EMERGENCY MANAGEMENT AGENCY FLOOD � Lp Vie_ . 90TH STREET 3RD ADDITION, RECORDED AS DOCUMENT NO. 992979. 33. THE TERMS AND PROVESIONS CONTAINED IN THE DOCUMENT ENTITLED INSURANCE RATE MAP COMMUNITY PANEL = ��] �, - 8.2 8. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. "DEVELOPMENT CONTRACT AND CONDITIONAL USE PERMIT" RECORDED NUMBER 270534—DOTS B, DATED AUGUST 4, � 90]] �' "' cDNc. CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. DECEMBER 15, 2016 AS A1332332 OF OFFICIAL RECORDS. - . • r 22-25. AFFECT PARCEL 8 AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 19$$, WRIGHT COUNTY, MINNESOTA a� , ,y CB `' R� ttil PAD 10.5 9. THERE ARE NO CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED �QQ �{� j �1� OR PROPOSED, ANp AVAILABLE FROM THE CONTROLLING JURISDICTION. (0_ :. 0Q 26. CONDITIONS CONTAINED IN ORDER # 14-005 GRANTING 34. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED <1�r , �� _` LP 10. THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SDEWALK CONDE7IONAL USE PERMIT $Y THE CITY OF MONTICELLO, RECORDED "ENCROACHMENT AGREEMENT" RECORDED DECEMBER 22, 2Dlfi AS 0 C 336+ �� M1 CONSTRUCTION pR REPAIRS. APRIL 2, 2014, AS DOC- NO- 1260647. A1332896 OF OFFICIAL RECORDS- FH • ' �, C� 5 AFFECTS SUBJECT PROPERTY. BLANKET kN NATl1RE. AFFECTS SllBJECT PROPERTY. BLANKET IN NATURE. � — 11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, --.' ' C� --- - •; 6 , -_ - - • . SUMP OR SANITARY LANDFILL 27. RESERVATION OF MINERALS AND MINERAL RIGHTS BY THE STATE 35. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED STATEMENT DF APPARENT ENCRQACHMENTS�83s. ;y FDUND 1/2 12. NO EVIDENCE OF POTENTIAL WETLANDS WERE OBSERVED ON THE SUBJECT OF MINNESOTA, AS CONTAINED !N THE STATE DEED, DATED "STORMWAIER FACILITIES MAINTENANCE AGREEMENT" RECORDED • • N IRON PIPE PROPERTY AT THE TIM£ TWE SURVEY WAS CONDUCTED, NOR HAVE WE RECEIVED OCTOBER 12, 2016, RECORDED OCTOBER 12, 2016, AS DOC. No. DECEMBER 22, 2016 AS A1332897 OF OFFICIAL RECORDS. n MONUMENT SIGN ENCROACHES INTO CHELSEA ROAD WEST W...--. '•,• 7 - -- ANY DOCUMENTATION OF ANY WETLANDS BEING LOCATED ON THE SUBJECT 1326808. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. �J RIGiiT OF WAY 2.3 FEET. •'MH' 3 49" PROPERTY. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. �: _ .- r`l ®WV g LrW&R] �•MH SURVEYOR'S CERTIFICATE To: Spirit Master Funding X, LLC, a Delaware limited liability Company, Spirit Realt L.P. a Delaware limited artnershi and their res ective affiliates Y. p P. P successors and assigns; Th h m n Irl .' e Matt ews Co pa y, c , and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land T#le Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(o), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(a), 13, 14, 16, 17, and 2D of Table A thereof. The field work was completed on August 23, 2016, revisited December 1, 2016. t Date: r sem. L� Mark D. Kemper, Professional L' r Minnesota Re Ist ❑tion No. 1$4 9 Kemper & Associates, Inc. 721 Old Hi hwa 8 N.W. 9 Y New Brighton, Minnesota 55112 Ph n — 1— 1 a e 551 63 035 Fax 651-631-8805 email: kemper0pro—ns.net This Surve has been re ared sole) for the benefit of the Y P P Y arties set forth in this Surva r s Certification and ma not P Yo Y be uoted or relied u on b nor ma co ies be delivered to 9 P Y• Y P an other art or used for an ur ass Includin without Y P Y Y P P 9, limitation the re oration of zonin re orts or an other P P 9 P Y third art r orts without The Matthews Com an Inc. and P Y eP P Y• Kem er & Associates Inc.'s rior written consent. The P P Matthews Com an Inc. and Kem er & Associates Inc. P Y. P i r i r e>t ressl disclo ms an dut o otsli of on town ds an art P Y Y Y 9 YP Y i n i ifi i h- r r' r- that s at dent ed n t is Su ve s Ce tificnt on. Please be advised that The Matthews Com an Inc. and P Y• Kem er & Associates Inc. will not include the roviders of P P r i an third a t re arts in the Surve is Cert fication. Y v Y P Y� 77 77 ALTA NSPS LAND TITLE SURVEY PREPARED FDR: Inc. ■ THE MATTH E M PANY VI1� Co h — 17220 New o e Street Suites 108 110 Fountain Valle CA 9270$ Tel: (7147-979-7181 Fax: [714)-641-2840 www.themotthewscom an .com P Y R 5 1 1 2 28 6 A N T ME DED TI LE T H J M K D R4 12/08/16 REVISED MISR BY CBRE TJH MDK R3 12/02/16 REVISED TITLE T.F MDK R2 09/01/16 CERTIFIED PARTIES T.. I- MDK R1 08/26/16 COMBINED COMMITMENT I..I MDK MARK DATE REVISION Dy AP'V'D Camping World and Good Sam 3801 Chelsea Road W. Monticello, MN SCALE: 1 "=40' CHKD./AP'V'D: DATE: August 24, 2016 APPROVED: DWN. BY: Todd Holen (16231A.DWG) CHKD. BY: Mark Kemper SHEET 1 DP 2 SHEETS J.N.: 16-a8-01-10001 SECTION 10, T121 N, R25W VICINITY MAP (NO SCALE) ZONING REQUIREMENTS ZONED B-3 - HIGHWAY BUSINESS DISTRICT OVERLAY DISTRICT FBS - FREEWAY BONUS SIGN DISTRICT VEHICLE SALES & RENTAL IS A CONDITIONAL USE MINIMUM LOT AREA - NONE MINIMUM LOT WIDTH - 100 FEET MAXIMUM HEIGHT - 2 STORIES / 30 FEET BUILDING SETBACKS: FRONT - 30 FEET STREET SIDE - 20 FEET INTERIOR SIDE - 10 FEET REAR - 30 FEET PARKING SETBACKS: 6 FEET TO ANY LOT LINE PARKING REQUIREMENTS: 8 SPACES PLUS ONE ADDITIONAL SPACE FOR EACH 800 SQ. FT. OF FLOOR AREA OVER 1,000 SQ. FT. (VEHICLE SALES AND RENTAL) (AS PER CITY OF MONTICELLO ZONING CODE) NOTE: A MUNICIPAL INFORMATION SUMMARY REPORT BY CBRE DATED NOVEMBER 15 2016 STATES THE USE OF THE SUBJECT PROPERTY IS CONSIDERED LEGALLY CONFORMING AND THE IMPROVEMENTS ARE CONSIDERED LEGALLY CONFORMING. "OF NOTE, 93 PARKING SPACES ARE PROPOSED TO BE PROVIDED ON-SITE." I,--, �'� \ pp, T \ / IX; /,/' h 1• CHAIN LINK RIGHT OF WAY FENCE ANT F/s TA T� NOR' CITY OF / /� � ,J,6 G SOF �./ // O . / . / / TR❑ / / PP / / / IDE OF "CAMPING WORLD" NELSEA ROAD WEST _0, WRIGHT COUNTY, MINNESOTA 0 20 40 1 INCH EQUALS 40 FEET BASIS FOR BEARINGS WRIGHT COUNTY COORDINATE SYSTEM (NAD 83, 1996) (VIA REAL TIME GPS MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT OF TRANSPORTATION VRS NETWORK) LEGAL DESCRIPTIONS FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NO. NCS-822199MN1-PHX1 AMENDMENT NO. 3, DATED DECEMBER 14, 2016 Parcel A: Lot 1, Block 1, Camping World First Addition, Wright County, Minnesota, recorded as Document No. A1332803. Parcel B: Lot 1, Block 1, Maas Addition, Wright County, Minnesota, recorded as Document No. 1227140. `,(Abstract property) / The property described and shown hereon is the some property as described in First American Title Insurance Company commitment number NCS-822199MN1—PHX1 Amendment No. 3, dated December 14, 2016. ADJACENT PYLON SIGN f 3.7 AREA SUMMARY PARCEL A = 385,582 SQ. FT. OR 8.8579 ACRES tlf PARCEL B = 259,313 SQ. FT. OR 5.5930 ACRES 3.4 / / (SCHEDULE B ITEM 21) /� . \ I FH . - iS a \`� .. ..: '__1 / - CI I w .` Ja CF .. 29. EET [� ° d , , NORTHEASTERLY `�z . .... .. ry LP `"". , LINE OF VACATED \ _ ' v Q Q : 'MH ;. ; / / .-� CHELSEA COURT ,- ...• a d \\ Q vi.>._ . ,CONC. / aN:..: . . ,. W ': -, / �, . PROPOSED PAVED PARKING LOT .. -A �: w Q: 4` a G^ / :.. w U \ y AND ACCESS DRIVE AISLES 01011 ,` , , PERMITTED TO ENCROACH ONTO 0 .:'-��..&- :...'::: -_:. ..tt v. a ' � .a :: .::'Z 47,8_::: .. `':. —1g tr % \ CITY DRAINAGE AND UTILITY .:.. x z s' V' � a Q m.:.. .. c °vim b .. : '. 155 o c>`u, . o od o ::: . PID '#F ` .1. < , , EASEMENTS (DOC. N0. A1332896) z �.�. ;: ° �, . oo �Q M'. '_�' ' .. LP W ...' -:: \ \ " . <, oo _ p1010 (SCHEDULE B ITEM 34) LP y x �u :... C1 \ $5 ¢ •'P '.:-' '_ ':-: ` _til _' oo' I. ��, . I . J� CPAD a• :.. -.. _:.'..:-.--. T \�, 155_1 o -fix.: ' ' -: a o° a<�`�. ° ,. . .. \ TR� < , ,. 1- PID # � . 'b +:... ... v ;�� O ,;. .....:-' :. . W dj ... a GO�d LL .:.. \ \�,Q d ° ° :` Erb Q NOTE: THIS PARCEL w ^ N a . a. : �f_< VACANT Al THE TIME o V _ (V \ a : �: S \ OF THIS SURVEY w E .: ° - , J .. _ U LEGEND :..:.::. _''..: - \ \ \ ':45'.6'.`:' . PARAPET :' _G�y__ .:'.:•:.::.;. - .:.::<: CB LP . ":.:.m � \ \ �a . a.. 00 - \ � a ° d . R1+ii P W \ HEIGHT= /.. . OQ :': CONC.j . w MH MANHOLE 0 a 8 �. O \ ° \ .�, x_H 22.4 FEET S/ 60 �' .' "G: : :'_.:` PAD a. W w ... \ o of w CB ® CATCH BASIN \ : \ 3i � 0 a Ol OOR ° ... . : Q '' t...:' , .cP . o FRN d .10 a- � . ��.:�`�-.�':::. P �.. .: .:` :.� Cn PP POWER POLE \ WV ® WATER VALVE \ \ LP Qj LIGHT POLE FH I& FIRE HYDRANT ET 0 ELECTRIC TRANSFORMER TMH O TELEPHONE MANHOLE EMH O ELECTRIC MANHOLE GM © GAS METER CO o CLEAN OUT FP o FLAG POLE o GUARD POST F SIGN — UE — UNDERGROUND ELECTRIC LINES — UT — UNDERGROUND TELEPHONE LINES — G — GAS MAIN/SERVICE — W — WATER MAIN/SERVICE BY I DENOTES DIMENSION (M) MEASURED DURING THE COURSE OF THIS SURVEY DENOTES RECORD (R) DIMENSION AS PER PLAT OF CAMPING WORLD FIRST ADDITION DENOTES SET SURVEY • MONUMENT MARKED "KEMPER 18407" /L� <*== DENOTES TRAFFIC FLOW DIRECTION DENOTES BITUMINOUS SURFACING DENOTES CONCRETE SURFACING MRS VIRTUAL REFERENCE SYSTEM RLS REGISTERED LAND SURVEYOR NOTES w S ° . . .. . \ c� w o , 8 0 00 Fq n d s2.... .. .... :::,._. :-: . .. \ a�_ :':.'': :.: C 3 R. Ow• 4�e :.0 -. a' o 'o F \ z > >..:' : .: ... O N - FP W :_ - <n v7 LP .:, ... :.0 N . :. :; .. a o :' .: !V. CRF A .. , CONC. LP :. . C4F TF . < PAD <• W . ..: o . x T \ o k`I. :' . ....:`.' .. F: PARAPET. .-'.> : - .:. _.:: 0 0o u1-... C . (D .. U .: ........7�� - . \ A >r .. '11 :. R&:.__ H" � -�-* � --EIGHT :71"SOUTHWESTERLY LINE OF \\ z .. .. .. .,.:' :::' . ._....:... , 22.6 FEET _ 0 m iY .. Q. . ....... . . .. ,- 1 . \ � - I nT 1 RI nru 1 PAUPIMr 1 �I -- .. .-. - - .' . . e ° _: :: . ` 6 - H,r1Q1wv O P: Q co o Q o I o O N J 1 1 O MI 0- . .. _ -.c WES�J LOTT LINE OF . .. - : . :: .. .. . <.. v ... :.:... . ... / -.: �, / "L.......... -. - . _� _"�'�'. . _7�� . :: .. .:: MAAS ADDITION _.... y/ _ .:. . \ H,LP . .. .. -. 1. THIS SURVEY WAS CONDUCTED WITH A LEICA MS -50 ROBOTIC TOTAL STATION AND LEICA GS -14 GNSS RECEIVER. 2. ALL DIMENSIONS FROM BUILDINGS TO PROPERTY LINES ARE MEASURED PERPENDICULAR OR RADIALLY TO SAID PROPERTY LINES. 3. ALL DRIVEWAY AND STREET THROAT DIMENSIONS SHOWN ARE MEASURED FACE OF CURB TO FACE OF CURB, UNLESS OTHERWISE NOTED. 4. THERE IS NO OBSERVABLE EVIDENCE OF CEMETERIES OR BURIAL GROUNDS, OR GRAVESITES ON SUBJECT PROPERTY. 5. THERE ARE NO PONDS, LAKES, SPRINGS OR RIVERS, OR WATERWAYS BORDERING ON OR RUNNING THROUGH SUBJECT PROPERTY. 6. UTILITIES SHOWN HEREON ARE AS PER ABOVE GROUND EVIDENCE. 7, ACCESS IS GAINED TO THE SUBJECT PROPERTY VIA CHELSEA ROAD WEST, WHICH IS A DEDICATED PUBLIC RIGHT-OF-WAY. 8. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. 9. THERE ARE NO CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. 10. THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. 11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. 12. NO EVIDENCE OF POTENTIAL WETLANDS WERE OBSERVED ON THE SUBJECT PROPERTY AT THE TIME THE SURVEY WAS CONDUCTED, NOR HAVE WE RECEIVED ANY DOCUMENTATION OF ANY WETLANDS BEING LOCATED ON THE SUBJECT PROPERTY. Z - . . _. . . . O ' ...�::'. . .•. . �Y .. � C . . : :. :` LP R ;'...:.... F ... � \ . SOUTFIWESTERLY' LONE' OF ; .. : ht MH -10 . e 1NORLD_F.1R$T ADD1TlON WV Cts a. i1S , : . S - .. .: .,. LP t. FH ;: \ : , \ __ . _ 0.3 .. t. :. ; ... . / ;.:' -_ : ' . . . :. ,. '. !� . . . - -.%(,9.. \ O . .. . (9� \ ' ..4 . .. p R. :. - .: . .: , ' .: .' <: \ 7 ... .: M/ ...�. 2..- A....' W/1. T,6 \ :. .._ iJ - .... :: .... .-..- :':'' ,. -: :'' .. .. ::� .. TR-.....- . - - . T . ......_:. . ? "� . . _' -:..' -' :' . Ue.. qY. NOTES CORRESPONDING TO SCHEDULE B :��ls��'�F ::: :`: :.:.::...' ` ':: ::::..:.... :`: ;.:.. 'Y :. \ 4 .- _ , .., . FIRST AMERICAN TITLE INSURANCE COMPANY OTMH \ ::.. :90�-', :- "'�.S ' . -:.: \ a'/�ti°.Ei' :..•' ...::' '.::.`- - . :.' COMMITMENT N0. NCS-822199MN1-PHX1 :.IL :-- \ \ LP \.01%k)FgF�F• :: .-. -:..-, ' ._ ... . ... ' . .. - : - :. .: "'" . �, AMENDEMENT N0. 3, DATED DECEMBER 14, 2016 \ :..- .. ` _ .. -_ \ \ 16. AFFECTS PARCEL B 30. ORDER 2016-045C BY THE MONTICELLO CITY COUNCIL, RECORDED . : - \ \ _ z DECEMBER 12, 2016, AS DOC. NO. 1331919, REGARDING THE ZONING OF :: \ \" 18. AFFECTS PARCEL B PART OF THE LAND. : --' \ \ :.: .":. LP:. CO . : , . . AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. ": " ' � ...-- : N -- .. - m 19. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF \ .. •: .._. C C CR .::'.'::.:' :: `;' w :: 90TH STREET ADDITION. 31. CONDITIONS CONTAINED IN ORDER #2016-0456 BY THE MONTICELLO '. - RF C�'R' �• : I1.---' - o AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. CITY COUNCIL, RECORDED DECEMBER 12, 2016, AS DOC. NO. 1331920. FLOOD ZONE \ ' ' .. ' C/Rcg _- ` AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. "--' :'` '-� W ., . 20. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X" \ LP w 90TH STREET 2ND ADDITION, RECORDED AS DOCUMENT N0. 721548. 32. CONDITIONS CONTAINED IN ORDER #2016-045A BY THE MONTICELLO (AREAS DETERMINED TO BE OUTSIDE 500—YEAR \ '.: - \ : MONUMENT.. AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. CITY COUNCIL, RECORDED DECEMBER 12, 2016, AS DOC. N0. 1331921. - - MH- \ 51GN'_:: LP FLOOD PLAIN ACCORDING TO THE FEDERAL .. . AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. ) . " 21. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF EMERGENCY MANAGEMENT AGENCY FLOOD \ ' "; . _ ' . : ' .. . \ \ \ "' . - . B 90TH STREET 3RD ADDITION RECORDED AS DOCUMENT N0. 992979. 33. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED : 1 AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. "DEVELOPMENT CONTRACT AND CONDITIONAL USE PERMIT" RECORDED INSURANCE RATE MAP COMMUNITY PANEL - \ \ ��1 �, s•2 DECEMBER 15, 2016 AS A1332332 OF OFFICIAL RECORDS. NUMBER 270534-0015 B, DATED AUGUST 4, \Al . _ _ cs \ 90118 CONC. 22-25. AFFECT PARCEL B AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 1988, WRIGHT COUNTY, MINNESOTA �7', o°:.: : - .:' R\8�o �M$ \ 10.5 °'' ' R . •o 26. CONDITIONS CONTAINED IN ORDER # 14-005 GRANTING 34. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED \ : Q, � � A CONDITIONAL USE PERMIT BY THE CITY OF MONTICELLO, RECORDED "ENCROACHMENT AGREEMENT" RECORDED DECEMBER 22, 2016 AS \ ,p, C 1,33 ,O LP APRIL 2, 2014, AS DOC. N0. 1260647. A1332896 OF OFFICIAL RECORDS. FH" CQ s �� `"'' _ .. �R� , 1 S -...... -- S AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. :." . -- . . : . - —N 8`9 6 — 27. RESERVATION OF MINERALS AND MINERAL RIGHTS BY THE STATE 35. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED STATEMENT OF APPARENT ENCROACHMENTS '__1 e��V Vs+ 4'7 ,(�+�. a OF MINNESOTA, AS CONTAINED IN THE STATE DEED, DATED STORMWATER FACILITIES MAINTENANCE AGREEMENT" RECORDED ++ . A' FOUND 1/2" OCTOBER 12, 2016, RECORDED OCTOBER 12, 2016, AS DOC. NO. DECEMBER 22, 2016 AS A1332897 OF OFFICIAL RECORDS. MONUMENT SIGN ENCROACHES INTO CHELSEA ROAD WEST �::__: :' 'Y 75. IRON PIPE 1326808. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. O RIGHT OF WAY 2.3 FEET. \ M". . . 3 24'4g" AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. -�. SURVEYOR'S CERTIFICATE To: Spirit Master Funding X, LLC, a Delaware limited liability company, Spirit Realty, L.P., a Delaware limited partnership, and their respective affiliates, successors and assigns; The Matthews Company, Inc.; and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(a), 13, 14, 16, 17, and 20 of Table A thereof. The field work was completed on August 23, 2016, revisited December 1, 2016. 1 Date: D. D. Kemper, Professional L Minnesota Registration No. 184 Kemper & Associates, Inc. 721 Old Highway 8 N.W. 9 Y New Brighton, Minnesota 55112 Phone 651-631-0351 Fax 651-631-8805 email: kemper@pro—ns.net � Li�`�1'0,C)'( NrV�s ��� .� �. U .i n �: Y `' P OFESSI - i LAI D SURV OR 84 7 .: �Or .. ``: �/i��kD.K .\\ ,I I I W\\\ This Survey has been prepared solely for the benefit of the parties set forth in this Surveyor's Certification and may not be quoted or relied upon by, nor may copies be delivered to, any other party or used for any purpose including, without limitation, the preparation of zoning reports or any other third party reports, without The Matthews Company, Inc. and Kemper & Associates, Inc.'s prior written consent. The Matthews Company, Inc. and Kemper & Associates, Inc. expressly disclaims any duty or obligation towards any party that is not identified in this Surveyor's Certification. Please be advised that The Matthews Company, Inc. and Kemper & Associates, Inc. will not include the providers of any third party reports in the Surveyor's Certification. "ALTA/NSPS LAND TITLE SURVEY" PREPARED FOR: Inc.® THE MAToTH EW S COMPANY 17220 Newhope Street, Suites 108-110, Fountain Valley, CA 92708 Tel: (714)-979-7181 Fax: (714)-641-2840 www.thematthewscompany.com R5 1 12/28/16 AMENDED TITLE TJH MDK R4 12/08/16 REVISED MISR BY CBRE TJH MDK R3 12/02/16 REVISED TITLE TJH MDK R2 09/01/16 CERTIFIED PARTIES TJH MDK R1 08/26/16 COMBINED COMMITMENT TJH I MDK MARK DATE REVISION BY I AP'V'D Camping World and Good Sam 3801 Chelsea Road W. Monticello, MN SCALE: 1"=40' CHKD./ AP'V'D: DATE: August 24, 2016 APPROVED: DWN. BY: Todd Holen (16231A.DWG) CHKD. BY: Mark Kemper SHEET 1 OF 2 SHEETS J.N.: 16-08-01-10001 SECTION 10_ T121N_ R25W VIGINI I Y MAI' (NO SCALE) ZONING REQUIREMENTS ZONED B-3 — REGIONAL BUSINESS DISTRICT OVERLAY DISTRICT FBS — FREEWAY BONUS SIGN DISTRICT VEHICLE SALES & RENTAL IS A CONDITIONAL USE MINIMUM LOT AREA — NONE MINIMUM LOT WIDTH — 100 FEET MAXIMUM HEIGHT — 2 STORIES / 30 FEET BUILDING SETBACKS: FRONT — 30 FEET INTERIOR SIDE — 10 FEET REAR — 30 FEET PARKING SETBACKS: 6 FEET TO ANY LOT LINE PARKING REQUIREMENTS: 8 SPACES PLUS ONE ADDITIONAL SPACE FOR EACH 800 SQ. FT. OF FLOOR AREA OVER 1,000 SQ. FT. (VEHICLE SALES AND RENTAL) (AS PER CITY OF MONTICELLO ZONING CODE) LEGEND MHO MANHOLE CB ® CATCH BASIN WV 0 WATER VALVE LP 0 LIGHT POLE FH ,0, FIRE HYDRANT ET Q ELECTRIC TRANSFORMER TMH O TELEPHONE MANHOLE EMHO ELECTRIC MANHOLE GM © GAS METER EM ❑E ELECTRIC METER AC n AIR CONDITIONER CO o CLEAN OUT o GUARD POST EP o FLAG POLE 7 SIGN UE — UNDERGROUND ELECTRIC LINES UT — UNDERGROUND TELEPHONE LINES — G — GAS MAIN/SERVICE — W — WATER MAIN/SERVICE DENOTES DIMENSION (M) MEASURED DURING THE / .. _ _ _ . COURSE OF THIS SURVEY . ' DENOTES RECORD (R) DIMENSION AS PER PLAT ._ . . '. OF MAAS ADDITION 0 LP DENOTES SET SURVEY • MONUMENT MARKED "KEMPER 18407" _ DENOTES TRAFFIC \<// FLOW DIRECTION 17-7-71 LLLLJ DENOTES BITUMINOUS SURFACING / . DENOTES CONCRETE SURFACING MRS VIRTUAL REFERENCE SYSTEM RLS REGISTERED LAND SURVEYOR NOTES ::��Z�____ VIEW FROM SOUTHEASTERLY ENTRANCE TO 3887 CHELSEA ROAD WEST CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA 1. THIS SURVEY WAS CONDUCTED WITH A LEICA MS -50 ROBOTIC TOTAL STATION AND LEICA GS -14 GNSS RECEIVER. 2. ALL DIMENSIONS FROM BUILDINGS TO PROPERTY LINES ARE MEASURED PERPENDICULAR OR RADIALLY TO SAID PROPERTY LINES. 3. ALL DRIVEWAY AND STREET THROAT DIMENSIONS SHOWN ARE MEASURED FACE OF CURB TO FACE OF CURB, UNLESS OTHERWISE NOTED. 4. THERE IS NO OBSERVABLE EVIDENCE OF CEMETERIES OR BURIAL GROUNDS, OR GRAVESITES ON SUBJECT PROPERTY. 5. THERE ARE NO PONDS, LAKES, SPRINGS OR RIVERS, OR WATERWAYS BORDERING ON OR RUNNING THROUGH SUBJECT PROPERTY. 6. UTILITIES SHOWN HEREON ARE AS PER ABOVE GROUND EVIDENCE. 7. ACCESS IS GAINED TO THE SUBJECT PROPERTY VIA CHELSEA ROAD WEST, WHICH IS A DEDICATED PUBLIC RIGHT—OF—WAY. 8. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. 9. THERE ARE NO CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. 10. THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. 11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. 12. NO EVIDENCE OF POTENTIAL WETLANDS WERE OBSERVED ON THE SUBJECT PROPERTY AT THE TIME THE SURVEY WAS CONDUCTED, NOR HAVE WE RECEIVED ANY DOCUMENTATION OF ANY WETLANDS BEING LOCATED ON THE SUBJECT PROPERTY. Z FOUND 1/2" IRON PIPE 1 �o CHAIN LINK RIGHT OF I\ WAY FENCE 7 MONUMENT SIGN "BEDROCK MOTORS" ORA/NA \ F� (SGN 0(Sj C fT�.�/�M \\ OPB lT£M 1 ?N) £"T IN Tz- RS T T z� 6y1GNT OF yl Gy /� Wq y WD� /� 2 4,4/VCS VqR/£S) SOUTHERLY ROF WAY LWE RIGHT L�4 2 CgN£S SO&;t S ER Y / INTERSTATE HWY. NO. 94 63 % tY 4'-04003011' `t,f?) No 94 tM ��s\220" f°r9 C eRG 0462 �� H om... \ 85j S 7 : .: . `! EOCE. O.F. B/.. \ 3`30" c LACK OF ACCESS " ' .. .VINOUS.:.:. \ \ FP ` (SCHEDULE B ITEMS 17 & 22) ' ° ...:._� \EMHO op /� \ NORTHERLY:., ' S/G \ CHAIN LINK \ LINE OF . \N \ FOP RIGHT OF \ \ LOT 1_ ':. - \ WAY FENCE FOUND MINNESOTA DEPARTMENT \ ` . . . \ 20= OF TRANSPORTATION RIGHT OF \ \ ...' \ . \ FP (9ONRA//V.4 f WAY MONUMENT \ f, :.. ._ .: _ \` : \ (S f0 STREET & U7j�/ N 82'29'09" E 1.14 S 75. \ \ \ Cf OF 2i/vi _ .. ::.,. -, .,. �' : - ' .,-,. - \ � f 8 / o FPS fAS£M f 4•,022'201, \ \ \ \ MQNS. _ \M 1g) "T EP l � iM&R E \ \ . _ RfA 8 \ FOUND 1 2„ O� \ E)$qC�:.•. p IRON PIPE L �' \ N 56'04'57" E 0.54 GRAIN \ " ."�'- � : - • - \ \ \ \ �SC E L �£ET �� TIlITY S \ \.:: - Cp \ OTfM g�N) f1HfNT \ \ .y..: P�ATFpRM \ \ \ \ .� .. 3 \ \ ,--%. \ \ \ \ \ ... .�" 00- \ \ 4.5 N � \ :-:.1 :: • O I- O \ ori \ N 00 \ - . G.. /,: \ U-1 --. M ::..13.3: a FOUND 1/2" W IRON PIPE . N . N 51'54'25" E 0.41 F N . , �' . '+ I .. .. CONC. D M -�8 o H I I CURB 'I �Em _.I-'' I .. Z<J 1 .. a ax O<W � o . a � . x Go-0. P P �.. L .I2_ 10. I a �' -.�`.'... :.' , M BLACK I- I... II `LI I :.: - F. ' .WEST LINE OF W11 16.7 .. LOT -1; BLOCK 1, 0 GOULD ADDITION 0 5_001010 PID #155-22 ' L ..I 1 LP WV WEST LINE ® .. I ' . T . OF LOT 1 .. .. :: LPA. _ O . . � �, 1.1E 1`- . .... ... :.: LP IN , S� ' . '- :. .. QO glTriM . . _ _ . : . .. .. Q !?S :EDGE OF . .. . . _:..'� EAST LINE . . - .. .>.. . _ , :.:- ... . . .. . ET .1 . . ' . .. . .:. . ' OF LOT 1 ��� LP �❑ . . �9 :. . o L O ... _ . . . . . ..... . _ ._..... .... . _....... , :.. :• ' CO- .....'... °AC - 97.78' __ .. ... n .. ' .EDGE bF.' O - - . : . - : f� . ..._ . . E a E Z BITUTkINOUS.' C' ^ omQ . .: ' -" f1J .. :....::._:'::".. .. ... . . .: .:.. 1 . .. .. . : .. ... � . �'� � 4 23 510E 1-0.3 _ ... m _ 1n QOR , :.: _ .. .. '._.: .. . 23 5:89 I R 415 D J W • 0 PEAK HEIGHT w.. �_ . rr A , 18.0 FEET: �o ^ a . .. cD h L x HE s a .. �:-: . C . . _: _ . n .. .. - - - � � m g$7 MOOR GE -' a i :.. .. ..._ » E a a� ... . .. - o ::..:. K ,. = FF1C G RQ F1. 1 ... _ g . :Z... 3 ROC A � � o .... ORY 0 _�i97 s : . : ..: :, : PEAK. HEIGHT-... c o o SiNG�E S RIN7 AREA o 5 87.09:: : p ..Z .. . . P w ,. . , o . V) .. - 00 - v ..-. . 21 8 FEET 1 :. Lp p1. G F 0 O :: . .. z NEAR 00 RSA_ RET � w .-o 1 � gU1LD O - pry _ , .. _ :. N � 5 OAR _ CONC O. -.. ' r L O . :. — . � kk a .. F N _ Q 246.69 / f ;� O .% .. ::._ w N . .% . .. . EDGE OF .. O O m . ... . . --.... .. . .. .. . . ._ BITUMINOUS .. :. .. a o w . :. .. : — . .. :... :.. :. RETE '. . . . . .. . . _ . c6� a• �'N � v .. - _ - ' . .. o I .. . .. ,:......... . . I. :: . . I. .k-0 I .. . . -.. .. DRIVE AISLE ENGROACHMENT. . ,. .: .. . . ...... .. *. . . - ' . DOCUMENT N0. A1232215 . .. �.WAIER'':'.` .. ' SHl1T—OFF.: .. ' L :.'' . SCHEDU E .ITE 5 I. �. L.. B. M.Z). _ . . ��GON :. . . 1A:5 :..�� r.. "` SOUTHERLY N a :'92.92 .J .\ LINE OF.. .. ._ . :: .` .: : h SIDE : ' . _ LOT 1 . _ .. E 27. p . .. LP �� . . ,. 90. I . .. �. NOTES CORRESPONDING TO SCHEDULE B ::.... _:... .„ :.. �� J. \� "`'14'49, w \ BEDROCK MOTORS" \ "`Vv" " ; v FIRST AMERICAN TITLE INSURANCE COMPANY \r_: '' ��$. ' 44 •36 °c� E "B�/c�l� \ \1. : N "��: MHO:. iM&R BSc"£�" fT "a' s8L1j� fAS 100 0 COMMITMENT N0. NCS-822199MN1—PHX1: ` : �� e lreM 1g1 �) fMfNT C I AMENDMENT NO. 3, DATED DECEMBER 14, 2016 \ \ \ FHS 1 cpNc MH I F- . \. R MH O ' i' �Y 16. RESERVATION OF MINERALS AND MINERAL RIGHTS AS CONTAINED IN THE LIMITED \ CO , X80 `� . D. :' � RfT£ O \CRE7t-(", f _ .: EBl7t/A4/ :gl GifT OF URB... WV :3p MB I O WARRANTY DEED, DATED DECEMBER 16, 1954, RECORDED DECEMBER 29, 1954, IN BOOK (",''.>.- NO{�S ::WAY O 161 OF DEEDS, AT PAGE 146, AS DOC. NO. 195124. \ �/$�/C. )', a : AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. \ \ RQAo)': �' '.\: : _ ' . ' '.µo : U) FOUND 1/2" CONG'• IRON PIPE 18. EASEMENTS FOR UTILITY PURPOSES IN FAVOR OF THE CITY OF MONTICELLO, AS \ 6V 1 1R S 45'50'58" E 0.44 !. ± CONTAINED IN THE QUIT CLAIM DEED, RECORDED NOVEMBER 9, 1995, AS DOC. NO. 582837. \ \ MN b -:. CB'- < . AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. \ o y. ..P / TMH FOUND 1/2" \ : .. a? 'oi MH�.AC`CEs . .. IRON PIPE 19. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF 90TH STREET ADDITION. \ o . ., . L,18 86 S 39'54'37" E 0.45 AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. \ . \::v�::.._ _ R� 20. AFFECTS PARCEL A \ \ ..:' WV2$t... '' : ' "'' __'' d�0,10.00 R� 21. AFFECTS PARCEL A \ . . .CB . . . .31'9sP 22. UTILITY AND DRAINAGE EASEMENTS, ALSO A LACK OF ACCESS TO INTERSTATE \ FH,& QRG.�N '8 86 39P P, AFFECT SUBJECT PROPERTY AND RE PLOTTED AND HIGHWAY 94, ALL AS SHOWN ON THE PLAT OF SSHOWN HEREON. \ \ ,4. .:.. 10 23. CONDITIONS CONTAINED IN ORDER # 12-037 GRANTING CONDITIONAL USE PERMIT BY \ THE CITY OF MONTICELLO, RECORDED FEBRUARY 4, 2013, AS DOC. NO. 1227447. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 24. CONDITIONS CONTAINED IN ORDER # 12-037A GRANTING VARIANCE BY THE CITY OF MONTICELLO, RECORDED FEBRUARY 4, 2013, AS DOC. NO. 1227448. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 25. TERMS AND CONDITIONS OF THE ENCROACHMENT AGREEMENT, BETWEEN THE CITY OF MONTICELLO, AND RONALD JOHN MAAS, DATED JANUARY 31, 2013, RECORDED MARCH 26, 2013, AS DOC. NO. 1232215. AFFECTS SUBJECT AND IS PLOTTED AND SHOWN HEREON. 26-27, 30-35. AFFECT PARCEL A STATEMENT OF APPARENT ENCROACHMENTS OBUILDING CORNER ENCROACHES INTO 30—FOOT FRONT SETBACK 1.95 FEET. ©BITUMINOUS DRIVE ENCROACHES ONTO ADJACENT PROPERTY A MAXIMUM DISTANCE OF 1.7 FEET. © MONUMENT SIGN ENCROACHES INTO PUBLIC UTILITY EASEMENT A MAXIMUM DISTANCE OF 8.5 FEET. FLOOD ZONE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X" (AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOOD PLAIN) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 270534-0015 B, DATED AUGUST 4, 1988, WRIGHT COUNTY, MINNESOTA PARKING SUMMARY 1 STANDARD SPACE 1 HANDICAP SPACE 2 TOTAL PARKING SPACES (STRIPED) EASTERLY SIDE OF 3887 CHELSEA ROAD WEST CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA 0 20 40 1 INCH EQUALS 40 FEET BASIS FOR BEARINGS WRIGHT COUNTY COORDINATE SYSTEM (NAD 83, 1996) (VIA REAL TIME GPS MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT OF TRANSPORTATION VRS NETWORK) LEGAL DESCRIPTIONS FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NO. NCS-822199MN1—PHX1 AMENDMENT NO. 3, DATED DECEMBER 14, 2016 Parcel A: Lot 1, Block 1, Camping World First Addition, Wright County, Minnesota, recorded as Document No. A1332803. Parcel B: Lot 1, Block 1, Maas Addition, Wright County, Minnesota, recorded as Document No. 1227140. (Abstract property) The property described and shown hereon is the some property as described in First American Title Insurance Company commitment number NCS-822199MN1—PHX1 Amendment No. 3, dated December 14, 2016. AREA SUMMARY PARCEL A = 385,852 SQ. FT. OR 8.8579 ACRES PARCEL B = 259,313 SQ. FT. OR 5.5930 ACRES SURVEYOR'S CERTIFICATE To: Spirit Master Funding X, LLC, a Delaware limited liability company, Spirit Realty, L.P., a Delaware limited partnership, and their respective affiliates, successors and assigns; The Matthews Company, Inc.; and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(a), 13, 14, 16, 17, and 20 of Table A thereof. The field work was completed on September 9, 2016, revisited December 1, 2016. Date: Mark D. Kemper, Professional L Minnesota Registration No. 184 Kemper & Associates Inc. 721 Old Highway 8 N.W. 9 Y New Brighton, Minnesota 55112 Phone 651-631-0351 Fax 651-631-8805 email: kemper®pro—ns.net This Survey has been prepared solely for the benefit of the parties set forth in this Surveyor's Certification and may not be quoted or relied upon by, nor may copies be delivered to, any other party or used for any purpose including, without limitation, the preparation of zoning reports or any other third party reports, without The Matthews Company, Inc. and Kemper & Associates, Inc.'s prior written consent. The Matthews Company, Inc. and Kemper & Associates, Inc. expressly disclaims any duty or obligation towards any party that is not identified in this Surveyor's Certification. Please be advised that The Matthews Company, Inc. and Kemper & Associates, Inc. will not include the providers of any third party reports in the Surveyor's Certification. ALTA/NSPS LAND TITLE SURVEY PREPARED FOR: Inc.O THE MAT=TH EWS COMPANY A 17220 Newhope Street, Suites 108-110, Fountain Valley, CA 92708 Tel: (714)-979-7181 Fax: (714)-641-2840 www.thematthewscompany.com R3 ..'... . 135.78 .- ' ... AMENDED TITLE FH MDK R2 12/02/2016 ~.. .. ... ` . 8 3 . . R1 09/16/2016 I. ::. _ :..: , I. -. .. ; . ADJACENT... TJH . LP DATE I .. BITUMINOUS BY , 0 :../_ .'LOT. .. . . . 2 `; / , 148.73 11 CieOQ; / .. _ _ _ . _ . ' ���� _,,;Q\ .. . _ . . . . . ._ . . '. . . 0 LP GO11 A JQ /� .. / .. _ C�O^�6 / . . -T"91 O CONC. PAD ANG _ : . / / .. . / .. . ..' / . . .. . . -. . .. � .-. '. ... 1.CONC. . . . Q 9 / :. . �O _ . PAD _J . .. . LP / '� W . ':. / .:.. . . �'... . _ :. -.. �.:-. .._ / ..:k;. Q ..: / �� �: / . ' . ' :.. 2G CONC. �0.: .. . / .. '.G� PAD VJ.. � .. / Z . N ... . ri.. . .*0.: . . ;. . . . r .. . ' CONC. . ., PAD . . .. .' .i .... . .. Y. : .W . .� LP ` _... 2 Jd . .. L11 ... . .. W . :.. . .. . . . .. . . ... . . .. 9 ""F S ..ADaI � :.' :......_... .. wOR CAMP�N� . P . 1, :.. . . BLOCS( :.. .. ,#1. .: .. . .0 . 1.28—pp1:. ` .. � . _ :. D _' . . ..... . . . ..... . ..' .-' . . . . . . .. .. Z . .. . . . EAST LINE OF LOT.1;' BLOCK 'f, ' ...:. ,, '.. . " . .. .. CAMPING -WO. FIRST . ...ON . .. . .. .. :. .. .. . .. . . - .. % LP .. . . . ... . m . . .. I. •-0 . .. _ . . . . . .. . . .. ' :� w .1. _ . .' ADJACENT.._: '. . .. . BITUMINOUS - . ' . . .. .. _ _. : .L4T :' .. .. . ..._ . ' ' LP \ . . M \ . ____ .. . . ..' . .... LP \%. :. .. -. 82 VIEW FROM SOUTHEASTERLY ENTRANCE TO 3887 CHELSEA ROAD WEST CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA 1. THIS SURVEY WAS CONDUCTED WITH A LEICA MS -50 ROBOTIC TOTAL STATION AND LEICA GS -14 GNSS RECEIVER. 2. ALL DIMENSIONS FROM BUILDINGS TO PROPERTY LINES ARE MEASURED PERPENDICULAR OR RADIALLY TO SAID PROPERTY LINES. 3. ALL DRIVEWAY AND STREET THROAT DIMENSIONS SHOWN ARE MEASURED FACE OF CURB TO FACE OF CURB, UNLESS OTHERWISE NOTED. 4. THERE IS NO OBSERVABLE EVIDENCE OF CEMETERIES OR BURIAL GROUNDS, OR GRAVESITES ON SUBJECT PROPERTY. 5. THERE ARE NO PONDS, LAKES, SPRINGS OR RIVERS, OR WATERWAYS BORDERING ON OR RUNNING THROUGH SUBJECT PROPERTY. 6. UTILITIES SHOWN HEREON ARE AS PER ABOVE GROUND EVIDENCE. 7. ACCESS IS GAINED TO THE SUBJECT PROPERTY VIA CHELSEA ROAD WEST, WHICH IS A DEDICATED PUBLIC RIGHT—OF—WAY. 8. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. 9. THERE ARE NO CHANGES IN STREET RIGHT OF WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. 10. THERE IS NO OBSERVABLE EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. 11. THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL. 12. NO EVIDENCE OF POTENTIAL WETLANDS WERE OBSERVED ON THE SUBJECT PROPERTY AT THE TIME THE SURVEY WAS CONDUCTED, NOR HAVE WE RECEIVED ANY DOCUMENTATION OF ANY WETLANDS BEING LOCATED ON THE SUBJECT PROPERTY. Z FOUND 1/2" IRON PIPE 1 �o CHAIN LINK RIGHT OF I\ WAY FENCE 7 MONUMENT SIGN "BEDROCK MOTORS" ORA/NA \ F� (SGN 0(Sj C fT�.�/�M \\ OPB lT£M 1 ?N) £"T IN Tz- RS T T z� 6y1GNT OF yl Gy /� Wq y WD� /� 2 4,4/VCS VqR/£S) SOUTHERLY ROF WAY LWE RIGHT L�4 2 CgN£S SO&;t S ER Y / INTERSTATE HWY. NO. 94 63 % tY 4'-04003011' `t,f?) No 94 tM ��s\220" f°r9 C eRG 0462 �� H om... \ 85j S 7 : .: . `! EOCE. O.F. B/.. \ 3`30" c LACK OF ACCESS " ' .. .VINOUS.:.:. \ \ FP ` (SCHEDULE B ITEMS 17 & 22) ' ° ...:._� \EMHO op /� \ NORTHERLY:., ' S/G \ CHAIN LINK \ LINE OF . \N \ FOP RIGHT OF \ \ LOT 1_ ':. - \ WAY FENCE FOUND MINNESOTA DEPARTMENT \ ` . . . \ 20= OF TRANSPORTATION RIGHT OF \ \ ...' \ . \ FP (9ONRA//V.4 f WAY MONUMENT \ f, :.. ._ .: _ \` : \ (S f0 STREET & U7j�/ N 82'29'09" E 1.14 S 75. \ \ \ Cf OF 2i/vi _ .. ::.,. -, .,. �' : - ' .,-,. - \ � f 8 / o FPS fAS£M f 4•,022'201, \ \ \ \ MQNS. _ \M 1g) "T EP l � iM&R E \ \ . _ RfA 8 \ FOUND 1 2„ O� \ E)$qC�:.•. p IRON PIPE L �' \ N 56'04'57" E 0.54 GRAIN \ " ."�'- � : - • - \ \ \ \ �SC E L �£ET �� TIlITY S \ \.:: - Cp \ OTfM g�N) f1HfNT \ \ .y..: P�ATFpRM \ \ \ \ .� .. 3 \ \ ,--%. \ \ \ \ \ ... .�" 00- \ \ 4.5 N � \ :-:.1 :: • O I- O \ ori \ N 00 \ - . G.. /,: \ U-1 --. M ::..13.3: a FOUND 1/2" W IRON PIPE . N . N 51'54'25" E 0.41 F N . , �' . '+ I .. .. CONC. D M -�8 o H I I CURB 'I �Em _.I-'' I .. Z<J 1 .. a ax O<W � o . a � . x Go-0. P P �.. L .I2_ 10. I a �' -.�`.'... :.' , M BLACK I- I... II `LI I :.: - F. ' .WEST LINE OF W11 16.7 .. LOT -1; BLOCK 1, 0 GOULD ADDITION 0 5_001010 PID #155-22 ' L ..I 1 LP WV WEST LINE ® .. I ' . T . OF LOT 1 .. .. :: LPA. _ O . . � �, 1.1E 1`- . .... ... :.: LP IN , S� ' . '- :. .. QO glTriM . . _ _ . : . .. .. Q !?S :EDGE OF . .. . . _:..'� EAST LINE . . - .. .>.. . _ , :.:- ... . . .. . ET .1 . . ' . .. . .:. . ' OF LOT 1 ��� LP �❑ . . �9 :. . o L O ... _ . . . . . ..... . _ ._..... .... . _....... , :.. :• ' CO- .....'... °AC - 97.78' __ .. ... n .. ' .EDGE bF.' O - - . : . - : f� . ..._ . . E a E Z BITUTkINOUS.' C' ^ omQ . .: ' -" f1J .. :....::._:'::".. .. ... . . .: .:.. 1 . .. .. . : .. ... � . �'� � 4 23 510E 1-0.3 _ ... m _ 1n QOR , :.: _ .. .. '._.: .. . 23 5:89 I R 415 D J W • 0 PEAK HEIGHT w.. �_ . rr A , 18.0 FEET: �o ^ a . .. cD h L x HE s a .. �:-: . C . . _: _ . n .. .. - - - � � m g$7 MOOR GE -' a i :.. .. ..._ » E a a� ... . .. - o ::..:. K ,. = FF1C G RQ F1. 1 ... _ g . :Z... 3 ROC A � � o .... ORY 0 _�i97 s : . : ..: :, : PEAK. HEIGHT-... c o o SiNG�E S RIN7 AREA o 5 87.09:: : p ..Z .. . . P w ,. . , o . V) .. - 00 - v ..-. . 21 8 FEET 1 :. Lp p1. G F 0 O :: . .. z NEAR 00 RSA_ RET � w .-o 1 � gU1LD O - pry _ , .. _ :. N � 5 OAR _ CONC O. -.. ' r L O . :. — . � kk a .. F N _ Q 246.69 / f ;� O .% .. ::._ w N . .% . .. . EDGE OF .. O O m . ... . . --.... .. . .. .. . . ._ BITUMINOUS .. :. .. a o w . :. .. : — . .. :... :.. :. RETE '. . . . . .. . . _ . c6� a• �'N � v .. - _ - ' . .. o I .. . .. ,:......... . . I. :: . . I. .k-0 I .. . . -.. .. DRIVE AISLE ENGROACHMENT. . ,. .: .. . . ...... .. *. . . - ' . DOCUMENT N0. A1232215 . .. �.WAIER'':'.` .. ' SHl1T—OFF.: .. ' L :.'' . SCHEDU E .ITE 5 I. �. L.. B. M.Z). _ . . ��GON :. . . 1A:5 :..�� r.. "` SOUTHERLY N a :'92.92 .J .\ LINE OF.. .. ._ . :: .` .: : h SIDE : ' . _ LOT 1 . _ .. E 27. p . .. LP �� . . ,. 90. I . .. �. NOTES CORRESPONDING TO SCHEDULE B ::.... _:... .„ :.. �� J. \� "`'14'49, w \ BEDROCK MOTORS" \ "`Vv" " ; v FIRST AMERICAN TITLE INSURANCE COMPANY \r_: '' ��$. ' 44 •36 °c� E "B�/c�l� \ \1. : N "��: MHO:. iM&R BSc"£�" fT "a' s8L1j� fAS 100 0 COMMITMENT N0. NCS-822199MN1—PHX1: ` : �� e lreM 1g1 �) fMfNT C I AMENDMENT NO. 3, DATED DECEMBER 14, 2016 \ \ \ FHS 1 cpNc MH I F- . \. R MH O ' i' �Y 16. RESERVATION OF MINERALS AND MINERAL RIGHTS AS CONTAINED IN THE LIMITED \ CO , X80 `� . D. :' � RfT£ O \CRE7t-(", f _ .: EBl7t/A4/ :gl GifT OF URB... WV :3p MB I O WARRANTY DEED, DATED DECEMBER 16, 1954, RECORDED DECEMBER 29, 1954, IN BOOK (",''.>.- NO{�S ::WAY O 161 OF DEEDS, AT PAGE 146, AS DOC. NO. 195124. \ �/$�/C. )', a : AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. \ \ RQAo)': �' '.\: : _ ' . ' '.µo : U) FOUND 1/2" CONG'• IRON PIPE 18. EASEMENTS FOR UTILITY PURPOSES IN FAVOR OF THE CITY OF MONTICELLO, AS \ 6V 1 1R S 45'50'58" E 0.44 !. ± CONTAINED IN THE QUIT CLAIM DEED, RECORDED NOVEMBER 9, 1995, AS DOC. NO. 582837. \ \ MN b -:. CB'- < . AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. \ o y. ..P / TMH FOUND 1/2" \ : .. a? 'oi MH�.AC`CEs . .. IRON PIPE 19. UTILITY AND DRAINAGE EASEMENTS AS SHOWN ON THE PLAT OF 90TH STREET ADDITION. \ o . ., . L,18 86 S 39'54'37" E 0.45 AFFECT SUBJECT PROPERTY AND ARE PLOTTED AND SHOWN HEREON. \ . \::v�::.._ _ R� 20. AFFECTS PARCEL A \ \ ..:' WV2$t... '' : ' "'' __'' d�0,10.00 R� 21. AFFECTS PARCEL A \ . . .CB . . . .31'9sP 22. UTILITY AND DRAINAGE EASEMENTS, ALSO A LACK OF ACCESS TO INTERSTATE \ FH,& QRG.�N '8 86 39P P, AFFECT SUBJECT PROPERTY AND RE PLOTTED AND HIGHWAY 94, ALL AS SHOWN ON THE PLAT OF SSHOWN HEREON. \ \ ,4. .:.. 10 23. CONDITIONS CONTAINED IN ORDER # 12-037 GRANTING CONDITIONAL USE PERMIT BY \ THE CITY OF MONTICELLO, RECORDED FEBRUARY 4, 2013, AS DOC. NO. 1227447. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 24. CONDITIONS CONTAINED IN ORDER # 12-037A GRANTING VARIANCE BY THE CITY OF MONTICELLO, RECORDED FEBRUARY 4, 2013, AS DOC. NO. 1227448. AFFECTS SUBJECT PROPERTY. BLANKET IN NATURE. 25. TERMS AND CONDITIONS OF THE ENCROACHMENT AGREEMENT, BETWEEN THE CITY OF MONTICELLO, AND RONALD JOHN MAAS, DATED JANUARY 31, 2013, RECORDED MARCH 26, 2013, AS DOC. NO. 1232215. AFFECTS SUBJECT AND IS PLOTTED AND SHOWN HEREON. 26-27, 30-35. AFFECT PARCEL A STATEMENT OF APPARENT ENCROACHMENTS OBUILDING CORNER ENCROACHES INTO 30—FOOT FRONT SETBACK 1.95 FEET. ©BITUMINOUS DRIVE ENCROACHES ONTO ADJACENT PROPERTY A MAXIMUM DISTANCE OF 1.7 FEET. © MONUMENT SIGN ENCROACHES INTO PUBLIC UTILITY EASEMENT A MAXIMUM DISTANCE OF 8.5 FEET. FLOOD ZONE SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X" (AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOOD PLAIN) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 270534-0015 B, DATED AUGUST 4, 1988, WRIGHT COUNTY, MINNESOTA PARKING SUMMARY 1 STANDARD SPACE 1 HANDICAP SPACE 2 TOTAL PARKING SPACES (STRIPED) EASTERLY SIDE OF 3887 CHELSEA ROAD WEST CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA 0 20 40 1 INCH EQUALS 40 FEET BASIS FOR BEARINGS WRIGHT COUNTY COORDINATE SYSTEM (NAD 83, 1996) (VIA REAL TIME GPS MEASUREMENTS UTILIZING MINNESOTA DEPARTMENT OF TRANSPORTATION VRS NETWORK) LEGAL DESCRIPTIONS FIRST AMERICAN TITLE INSURANCE COMPANY COMMITMENT NO. NCS-822199MN1—PHX1 AMENDMENT NO. 3, DATED DECEMBER 14, 2016 Parcel A: Lot 1, Block 1, Camping World First Addition, Wright County, Minnesota, recorded as Document No. A1332803. Parcel B: Lot 1, Block 1, Maas Addition, Wright County, Minnesota, recorded as Document No. 1227140. (Abstract property) The property described and shown hereon is the some property as described in First American Title Insurance Company commitment number NCS-822199MN1—PHX1 Amendment No. 3, dated December 14, 2016. AREA SUMMARY PARCEL A = 385,852 SQ. FT. OR 8.8579 ACRES PARCEL B = 259,313 SQ. FT. OR 5.5930 ACRES SURVEYOR'S CERTIFICATE To: Spirit Master Funding X, LLC, a Delaware limited liability company, Spirit Realty, L.P., a Delaware limited partnership, and their respective affiliates, successors and assigns; The Matthews Company, Inc.; and First American Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(a), 13, 14, 16, 17, and 20 of Table A thereof. The field work was completed on September 9, 2016, revisited December 1, 2016. Date: Mark D. Kemper, Professional L Minnesota Registration No. 184 Kemper & Associates Inc. 721 Old Highway 8 N.W. 9 Y New Brighton, Minnesota 55112 Phone 651-631-0351 Fax 651-631-8805 email: kemper®pro—ns.net This Survey has been prepared solely for the benefit of the parties set forth in this Surveyor's Certification and may not be quoted or relied upon by, nor may copies be delivered to, any other party or used for any purpose including, without limitation, the preparation of zoning reports or any other third party reports, without The Matthews Company, Inc. and Kemper & Associates, Inc.'s prior written consent. The Matthews Company, Inc. and Kemper & Associates, Inc. expressly disclaims any duty or obligation towards any party that is not identified in this Surveyor's Certification. Please be advised that The Matthews Company, Inc. and Kemper & Associates, Inc. will not include the providers of any third party reports in the Surveyor's Certification. ALTA/NSPS LAND TITLE SURVEY PREPARED FOR: Inc.O THE MAT=TH EWS COMPANY A 17220 Newhope Street, Suites 108-110, Fountain Valley, CA 92708 Tel: (714)-979-7181 Fax: (714)-641-2840 www.thematthewscompany.com R3 1 12/28/2016 AMENDED TITLE TJH MDK R2 12/02/2016 REVISED TITLE TJH MDK R1 09/16/2016 CERTIFIED PARTIES TJH MDK MARK DATE REVISION BY AP'V'D Camping World and Good Sam 3887 Chelsea Road W. Monticello, MN SCALE: C=40' CHKD./AP'V'D: DATE: September 13, 2016 APPROVED: DWN. BY: Todd Holen (16231B.DWG) FcHKD. BY: Mark Kemper SHEET 2 OF 2 SHEETS J.N.: 16-08-01-10001 SCALE 31 11 PANEL TO PANEL CONNECTION SS### WALI SS### ROOF TIE WALI SS### ROOF TIE n SECTION A -A 1. SINGLE SKIN PANEL. 2. 5/16"0 A307 BOLTS AT 6" O.C. TYP. 1. SINGLE SKIN WALL PANEL. 2. SINGLE SKIN BOOTH ROOF PANEL. 3. TIE ANGLE - 2x2x14GA. 4. 5/16"0 BOLTS AT 6" O.C. TYP WHERE SHOWN. 1. SINGLE SKIN WALL PANEL. 2. SINGLE SKIN BOOTH ROOF PANEL. 3. TIE ANGLE - 2x2x14GA. 4. 5/16"0 BOLTS AT 6" O.C. TYP WHERE SHOWN. 1. MAY NEED TO REMOVE BOLT AND NUT FOR INSTALLATION OF ANCHOR. 2. SEE 1/4"0 SCREW ANCHOR NOTES ON GSN. 3. EXIST SLAB ON GRADE. 4" MIN CONC THICKNESS. VERIFICATION OF SLAB NOT BY GFS. 4. SINGLE SKIN PANEL. 5. BASE TIE ANGLE PANEL OR TIE ANGLE TO SLAB CONNECTION SS### FLANGE WIDTH BEAM GAUGE 4„ 2" 5" TO 5 3/4" 2 3/4" 6" TO 7 5/8" 3 1/2" 8" TO 16 1/4" 5 1/2" BEAM GAGE SS### BOLT SPACING PANEL AT WF SS### SECTION A -A 1. BOLT LOCATION. BEAM 1. STEEL BEAM OR COLUMN. 2. CEILING OR WALL PANEL (EACH SIDE AS OCCURS). 3. 5/16"0 BOLT AT 6" O.C. FLANGE WIDTH BOLT SPACING 4" TO 5" 2" 5 1/4" TO 7 5/8" 3" 8" TO 16 1/4" 5" 1. STEEL COLUMN. 2. L3x3x1/4 x 6" LONG. 3. EMBED PLATE DESIGN AND MATERIAL ARE NOT PROVIDED BY GFS. SEE PLAN FOR REACTION INFORMATION. 4. 1" MIN TYP. 5. 2 3/4" TO ALLOW FOR PANEL INSTALLATION. 6. EXIST SLAB ON GRADE VERIFICATION OF SLAB NOT BY GFS. COLUMN TO EMBED PLATE CONNECTION SS### 1. BOOTH ROOF STEEL BEAM - W10x19. 2. STEEL COLUMN - W8x15. 2 LEM 1VA- 2 Lj LEBC l 1 MOMENT FRAME (BOLTED FLANGE PLATE SS### SECTION B -B 3/16 1-1/2 ESOW 1 1/4" 3" TYP 9 0 0 2 1/2" 3" TYP g SECTION A -A 3/16 1. STEEL BEAM. 2. STEEL COLUMN. 3. 1/4" TOP FLANGE PLATE. 4. ALL 1/2"0 BOLTS SHALL BE INSTALLED USING STANDARD 9/16"0 ROUND HOLES PER THE LATEST AISC SPECIFICATION. 5. 1/4" BOTTOM FLANGE PLATE. 6. 1/4" TRANSVERSE STIFFENER PLATE. 7. (2) ROWS OF BOLTS. (3) ROWS SHOWN FOR REFERENCE. 8. LOCATE ON BEAM GAGE. SEE BEAM GAGE DETAIL (LE213). 9. WIDTH TO MATCH LEAST OF BEAM FLANGE WIDTH OR COLUMN FLANGE WIDTH. 10.1/4" SHEAR TAB. SEE BOLTED CONNECTION DETAIL (LE2A) FOR BOLT AND BOLT SPACING REQUIREMENTS. 11.2" EACH END OF PLATE AND 1 1/2" AT 6" O.C. MAX IN BETWEEN. 12. TYP TRANSVERSE STIFFENER PLATE TO COLUMN. FLANGE PLATE MOMENT CONNECTION SS### NOMINAL BEAM DEPTH "D" NUMBER OF BOLTS SPACING OF BOLTS UP TO 5" 2 F0-01 2" 6" TO 7" 2 0 2" 8" 2 0 3" 10" 3 2 1/2" 12" 3 3" 14" 4 2 1/2" 16" 4 3" 18" 5 3" 21" 6 3" 24" TO 27" 7 3" 30" 8 3" BOLTED CONNECTIONS SS### 1. 1/2"0 A325 BOLTS. 2. ALL BOLTS SHALL BE INSTALLED USING STANDARD 9/16"0 ROUND HOLES. 3. MIN 1 1/4" EDGE DISTANCES. 2 1/2" 101 a o 0 V Q C 0 7 O wo a) O t:5 cn V �=1n3-�co, n3 O � 0 zw 0" 6a�� 0 Y O X a) @O v� ■ E N O �n s T ._ � E o 0 J OU L !tL'v>�'�a`�� m ��0 ua)0- 00�_L_ CL Ln 10 0•�.3he �w Z O OQ c5N�� o 6 c o a) Q E.2 a4d c L o a) 2 oo c��' Sao tie Go 4ra a)- +� Q c: �U) V W o L0LL LA ��0-0-0r- 2, 4^�/f Q WJ x N Q o ~ 2 2 O p S of p M W ~0�aoa�i0 0Qs,fO-20- >- ,A 0 c 0 M .m 4? ra > o n (3j 4 T� O Go 2:EOovr0 fu N M L0 z O V O V '�' Z5 C) O J -O -0 W M Ln >O ul) CO 0 in N '0 U z W w O w fu ui Ln �' M . �07 Lu o ju Q�� X Q Q = M > w > M m 0 wo � _ 0 Ln M 0 n p L) � rrn � LL n N M L0 z O V O V Z5 O J -O -0 W M Ln >O ul) 0 E '0 U o W E O fu 00 Ln U M N M L0 z O V DRAWING SE -DETAILS U J � a--) M Ln E z W Q . �07 Lu o Q Q�� X z Q = CL w o Z m 0 wo � _ 0 -0 m III ORDER/SERIAL NUMBER U142511 DRAWING SET REVISION DS A DRAWING SE -DETAILS N M 0 A B C D E �o a) GENERAL STRUCTURAL NOTES o + a s= .� .� o APPLY UNLESS NOTED ON DRAWINGS. IN CASE OF O ° -0 (' L o CONFLICT BETWEEN GSN DETAILS AND PLANS THE Z V fu o GREATER REQUIREMENTS GOVERN. O rQ1 M ru c: o L - DESIGN INFORMATION: - FDN INFORMATION: - SPECIAL INSPECTION INFORMATION: ._ t C L ° CL r o t �� E BOOTH AND EQUIPMENT HAS BEEN DESIGNED BASED ON THE CAPACITY OF THE FDN/SLAB TO SUPPORT GFS BOOTHS AND SPECIAL INSPECTION SHALL BE REQUIRED FOR THE FOLLOWING J .� ,_ oMc�o0 Ln � o o o :, CURRENT EDITION OF THE INTERNATIONAL BUILDING CODE EQUIPMENT IS NOT THE RESPONSIBILITY OF GFS. TYPES OF WORK AND SHALL BE IN COMPLIANCE WITH IBC SECTION Q �' ; 'c W fu 1705: -°ate=°= RISK CATEGORY: II - ANCHORS INDICATED ARE BASED ON ASSUMPTIONS OF EXIST 1. POST -INSTALLED ANCHORS INTO HARDENED CONCRETE. 53 o `° � o 4- SEISMIC IMPORTANCE FACTOR: IE=1 CONDITIONS (LISTED BELOW). THESE ASSUMPTIONS ARE MADE IN 2. HIGH STRENGTH BOLTING. m& ° o °�' 3 � ORDER FOR GFS TO PROVIDE ANCHOR BOLT HOLES IN THE BASE 3. FIELD WELDING. Z o � MAPPED SPECTRAL RESPONSE ACCELERATION: PLATES AND PANELS. EXIST CONDITIONS SHOULD BE VERIFIED BY THE 4. STRUCTURAL STEEL IN THE SEISMIC FORCE -RESISTING �"� O .o C " SS =0.050 OWNER AND ANY DEVIATIONS SHOULD BE CONVEYED TO GFS PRIOR SYSTEMS = Q E o � � o Si =0.023 TO FABRICATION. (� °ow7,.2 '� SITE CLASS: D (ASSUMED) STATEMENT OF SPECIAL INSPECTION: H _ C � u p (, .0 SPECTRAL RESPONSE COEFFICIENT: 1/4"0 SCREW ANCHOR - 1/4% POWERS (DEWALT) SCREW -BOLT+ A. THIS STATEMENT OF SPECIAL INSPECTIONS SHALL BE Z ^ -o ~ o un Q) 0) 0 SDS=0.053 SCREW ANCHORS EMBEDDED 1 15/16" PER ICC ESR -3889 TO SECURE SUBMITTED IN ACCORDANCE WITH SECTION 1704.3 OF THE H Q 00 - 4- - p SDI.=0.037 PANELS TO CONC. IN LIEU OF THE POWERS (DEWALT) ANCHOR, 1/4"0 IBC. LL ^ i LCL �O 6 S 0-p ° " c v c SEISMIC DESIGN CATEGORY: C HILTI KWIK HUS -EZ SCREW ANCHORS EMBEDDED 1 15/16" PER ICC B. THIS STATEMENT SHALL INCLUDE A SCHEDULE OF SPECIAL J �"� o0 u .s " SEISMIC -FORCE -RESISTING SYSTEMS: ESR -3027 MAY BE USED. EACH WALL/ BAY IS REQUIRED TO HAVE INSPECTION SERVICES APPLICABLE TO THIS PROJECT. O [J���^E` CL 0 STEEL SYSTEMS NOT SPECIFICALLY DETAILED FOR SEISMIC ANCHORS AT 18" O.C. MAX, U.N.O. EACH WALL SHALL HAVE (1) Z � o 0 0 C RESISTANCE, EXCLUDING CANTILEVER COLUMN SYSTEMS ANCHOR 3" MAX FROM END OR CORNER AND A MIN OF (2) ANCHOR THE SPECIAL INSPECTOR(S) SHALL KEEP RECORDS OF ALL O Go VI SZ L "p +-+ o Ln 0 � o -E 1-9 u- .`- � S RESPONSE MODIFICATION FACTOR: R=3 PER WALL/BAY. INSTALL ANCHORS PER MFR'S RECOMMENDATION. SEE INSPECTIONS AND SHALL FURNISH INTERIM INSPECTION REPORTS TO O M P% O 01- .o o _0 o C ° u SEISMIC RESPONSE COEFFICIENT: CS=0.018 DETAILS FOR ADDITIONAL INFORMATION. A PREAPPROVED ANCHOR THE BUILDING OFFICIAL AND TO THE REGISTERED DESIGN J (/� � rZ °C - L `� ' s LIGHT -FRAMED WALLS WITH SHEAR PANELS OF ALL OTHER WITH A CAPACITY EQUAL TO OR GREATER THAN THE SPECIFIED PROFESSIONAL IN RESPONSIBLE CHARGE ON A BI -WEEKLY BASIS. 74 O 00 U- 0 o o o MATERIALS ANCHOR AND WITH A CURRENT ICC REPORT MAY BE USED IN LIEU OF DISCREPANCIES SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION RESPONSE MODIFICATION FACTOR: R=2 THE ANCHOR SPECIFIED. ALL OTHER RESTRICTIONS (INCLUDING BUT OF THE CONTRACTOR FOR CORRECTION. IF THE DISCREPANCIES ARE SEISMIC RESPONSE COEFFICIENT: CS=0.027 NOT LIMITED TO EDGE DISTANCE AND EMBEDMENT) SHALL BE NOT CORRECTED, THE DISCREPANCIES SHALL BE BROUGHT TO THE ANALYSIS PROCEDURE USED: CONSIDERED. ATTENTION OF THE BUILDING OFFICIAL AND THE REGISTERED DESIGN EQUIVALENT LATERAL FORCE PROCEDURE PROFESSIONAL IN RESPONSIBLE CHARGE PRIOR TO COMPLETION OF BASIC WIND SPEED: 115 MPH ANCHOR SPECIFICATION IS BASED ON THE FOLLOWING ASSUMPTIONS THAT PHASE OF WORK. A FINAL REPORT OF SPECIAL INSPECTIONS (PORTIONS OF EQUIPMENT THAT ARE OUTDOOR ONLY - IE OF EXIST CONDITIONS: DOCUMENTING REQUIRED SPECIAL INSPECTIONS AND CORRECTIONS STACKS AND STANDS) -- MIN CONC COMPRESSIVE STRENGTH IS 2500 PSI. OF ANY DISCREPANCIES NOTED IN THE INSPECTIONS SHALL BE BUILDING CATEGORY: INDOOR -- MIN SLAB DEPTH IS 4". SUBMITTED TO THE BUILDING OFFICIAL AND REGISTERED DESIGN EXPOSURE: C PROFESSIONAL IN RESPONSIBLE CHARGE AT THE CONCLUSION OF THE DEAD LOADS: SELF -WEIGHT OF STRUCTURAL STEEL - COLD -FORMED STEEL: PROJECT. - 10.6 PSF (ROOF) - 5.1 PSF (WALLS) ALL COLD -FORMED STEEL MEETS THE REQUIREMENTS OF THE LATEST THE SPECIAL INSPECTION PROGRAM DOES NOT RELIEVE THE BOOTH ROOF LIVE LOADS: 20 PSF EDITION OF THE AISI SPECIFICATION FOR THE DESIGN OF CONTRACTOR OF THE RESPONSIBILITY TO COMPLY WITH THE LIVE LOADS: 300 LBS AT MIDPOINT OF FRAME BEAM COLD -FORMED STEEL STRUCTURAL MEMBERS. ALL COLD -FORMED CONTRACT DOCUMENTS. JOBSITE SAFETY AND MEANS AND METHOD STEEL IS COMMERCIAL GRADE WITH A YIELD STRENGTH OF 32KSI AND OF CONSTRUCTION ARE SOLELY THE RESPONSIBILITY OF THE A TENSILE STRENGTH OF 40KSI. 304 AND 316 STAINLESS STEEL PER CONTRACTOR. ASTM A240 HAS A YIELD STRENGTH OF 25KSI AND A TENSILE STRENGTH OF 70KSI. - STRUCTURAL STEEL: ALL STRUCTURAL STEEL FABRICATION AND CONSTRUCTION COMPLY WITH THE LATEST AISC HANDBOOKS AND CODES. ALL STEEL IS ASTM A36, EXCEPT AS FOLLOWS: -- WIDE FLANGE SECTIONS - ASTM A992,o Lu -- PIPE SECTIONS - ASTM A53 GRADE B. -' } Q -- HSS SECTIONS - ASTM A500 GRADE B II N 0 N N -- BOLTS ARE A325 -N AND SHALL BE SNUG -TIGHTENED. J z w 3 w w n n� - WELDING: cU!) M D in Ln� Ln WELDERS HOLD CURRENT VALID CERTIFICATES AND HAVE CURRENT EXPERIENCE IN TYPE OF WELD CALLED FOR. STRUCTURAL STEEL WELDING WITH LOW HYDROGEN TYPE, E70 AND E60 FOR LIGHT GAUGE STEEL. STRUCTURAL STEEL WELDING CONFORMS TO THE "STRUCTURAL WELDING CODES -STEEL" AWS D1.1, CURRENT EDITION. O N U N c= lfl O M _0 Ln -v W z o O v' = c: U Z v E o ra 06 O ul) U M ABBREVIATIONS: A.F.G. - ABOVE FINISH GRADE AMU - AIR MAKE-UP UNIT (n BLDG - BUILDING Lu ~ CONC - CONCRETE O ESOW - EACH SIDE OF WEB z EXIST - EXISTING J J FDN - FOUNDATION Q J GA - GAUGE M GR5 - GRADE 5 � Lf) Lr)IBC - INTERNATIONAL BUILDING CODE N LBS - POUNDS E z MAX - MAXIMUM MFR - MANUFACTURER MIN - MINIMUMJ LQL 'i NS/FS - NEAR SIDE AND FAR SIDE p Lu O.C. - ON CENTER z F- 9 E x Om � OSHA - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION J Z W O C= PLF - POUNDS PER LINEAR FOOT p z z PSF - POUNDS PER SQUARE FOOT 00 Lu O O a Lu - TOP AND BOTTOM ORDER/SERIAL NUMBER TYP - TYPICAL U.N.O. OR UNO - UNLESS NOTED OTHERWISE U142511 WF - WIDE FLANGE DRAWING SET REVISION DS A DRAWING SE -NOTES T-1 0 NOTES: 1. BOOTH IS FABRICATED FROM 18 GAGE WHITE PRE -COAT SHEET STEEL; PRE -PUNCHED AND COMPANION FLANGED FOR BOLT TOGETHER ASSEMBLY. 2. BOOTH'S SUPPORT STRUCTURE IS FABRICATED FROM I -BEAMS; PRE -DRILLED AND FACTORY PAINTED WHITE. 3. DUCT SUPPORT NOT SUPPLIED OR DESIGNED BY GFS. EQUIPMENT IS NOT DESIGNED TO SUPPORT DUCT. DUCT SUPPORTS SHALL BE DESIGNED TO RELIEVE THE EQUIPMENT OF ALL DUCT LOAD. 4. PURLINS & GIRTS ARE FABRICATED FROM 14 GAGE GALVANIZED. 5. BOOTHS EXTERIOR WALLS ARE SHEETED WITH 26 GAGE PRE -PAINTED RIBBED METAL PANELS 6. BOOTHS EXTERIOR ROOF IS SHEETED WITH 24 GAGE GALVALUME RIBBED METAL PANELS 7. BOOTH IS INSULATED WITH 4" MANVILLE MICROLITE INSULATION. 8. INCLUDED, BUT NOT SHOWN: (1) CONTROL PANEL (1) GUN FLOW SWITCH (1) MANOMETER (1) 3/4" SOLENOID VALVE (3) DOOR LIMIT SWITCHES OUTDOOR SKIN/TRIM DETAILS CUSTOMER TO DETERMINE OUTDOOR SKIN N COLOR: (SEE COLOR CHART) CUSTOMER TO DETERMINE OUTDOOR TRIM COLOR: (SEE COLOR CHART) Insulated Steel rollup door powder coated (color to be determined by customer) CUSTOMER APPROVAL of DRAWINGS SIGNED DRAWING(S) IS A STATEMENT THAT THE DIMENSIONS, DESIGN AND APPLICATION HAVE BEEN REVIEWED AND ARE APPROVED FOR FABRICATION. MANUFACTURE OF EQUIPMENT WILL BE SCHEDULED AFTER RECEIPT OF APPROVED DRAWINGS. REQUIRED INFORMATION INFO VALUE CUSTOMER VERIFICATION GAS PRESSURE: N/A ❑ YES ❑ OTHER: VOLTAGE: 480V ❑ YES ❑ OTHER: PHASE:l 3PH ❑ YES ❑ OTHER: ROOF PITCH: 1/2"/12" ❑ YES ❑ OTHER: GFS STANDARD CONTROL PANEL S.C.C.R.:1 5KA RMS ❑ APPROVED AS SUBMITTED ❑ DISAPPROVED - PLEASE RESUBMIT GFS WILL NOT BE RESPONSIBLE FOR BACK CHARGES WHEN INFORMATION PROVIDED IS INCORRECT. AUTHORIZED SIGNATURE: M GUTTERS & DOWNSPOUT —\, 0 14'-0" DOOR OPENING 18'-0" WORKING WIDTH FRONT ELEVATION u 00 co CD o 1 00 z 0 Y ry i a C 60'-0" WORKING DEPTH STI ITI (16) EMBEDDED PLATES (NOT PROVIDED BY GFS) w/ ANCHOR STUDS (TYP. ALL COLUMNS) 6'-0" 10'-0" 10'-0" 10'-0" 10'-0" FOUNDATION DETAILS 64'-2 15/16" CLEAR DEPTH REQUIRED q 8'-011 6'-0" 0 BUILDING ROOF HEIGHT UNIT 21 FT BUILDING DISTANCE TO WALL 1033089 FT BUILDING ROOF PITCH CFA -30 1/2"/12" AMU INTAKE NA NA O � �� ., • = AMU DISCHARGE 18 GA 30 x 60 38 x 68 EXHAUST SPIRAL 36 DIA 44 x 44 COMPONENT TYPE SIZE OPENING (RECOMMENDED) DUCT INFO - ROOF WALL OPENINGS 3499200 STATIC PRESSURE 3/4" TEMP. RISE GAS PRESSURE 100 1-5# HORSEPOWER 10 VOLTAGE 208/230/460 II NG _NI 3 CFM 32400 ENCLOSURE II DUCT ESP 5 QUANTITY .MI HORSEPOWER 25 LIGHTS II VOLTAGE -hl• PART # LABW12-4-LED PHASE 3 SIZE 48" MOTOR ODP TUBES - (INCL.) 4 GAS INLET SIZE 1.5 TYPE LED UNIT WEIGHT 3067 VOLTAGE 120/277 II II Q .� E "_� M > >O > L 14'-0" DOOR OPENING 18'-0" WORKING WIDTH FRONT ELEVATION u 00 co CD o 1 00 z 0 Y ry i a C 60'-0" WORKING DEPTH STI ITI (16) EMBEDDED PLATES (NOT PROVIDED BY GFS) w/ ANCHOR STUDS (TYP. ALL COLUMNS) 6'-0" 10'-0" 10'-0" 10'-0" 10'-0" FOUNDATION DETAILS 64'-2 15/16" CLEAR DEPTH REQUIRED q 8'-011 6'-0" 0 BUILDING ROOF HEIGHT UNIT 21 FT BUILDING DISTANCE TO WALL 1033089 FT BUILDING ROOF PITCH CFA -30 1/2"/12" AMU INTAKE NA NA NA AMU DISCHARGE 18 GA 30 x 60 38 x 68 EXHAUST SPIRAL 36 DIA 44 x 44 COMPONENT TYPE SIZE OPENING (RECOMMENDED) DUCT INFO - ROOF WALL OPENINGS 60'-0" WORKING DEPTH SIDE ELEVATION rLI\1-7VI VIVLL LJVIJI\ (1 )/ \I V I V V I/ \I Y AIR MAKE-UP UNIT BOOTH EQUIPMENT SPECIFICATIONS PART # 1033089 lbs MODEL # CFA -30 lbs EXHAUST FAN ARRANGEMENT V2 PART # BUYOUT LOCATION OUTDOOR DIAMETER 48 HEAT SOURCE DIRECT FIRED CFM 321400 OUTPUT BTU/HR 3499200 STATIC PRESSURE 3/4" TEMP. RISE GAS PRESSURE 100 1-5# HORSEPOWER 10 VOLTAGE 208/230/460 GAS TYPE NG PHASE 3 CFM 32400 ENCLOSURE TEFC DUCT ESP 5 QUANTITY 1 HORSEPOWER 25 LIGHTS Ln VOLTAGE 480 PART # LABW12-4-LED PHASE 3 SIZE 48" MOTOR ODP TUBES - (INCL.) 4 GAS INLET SIZE 1.5 TYPE LED UNIT WEIGHT 3067 VOLTAGE 120/277 QUANTITY 1 Q MINIMUM 36" AREA IN FRONT OF AMU ACCESS DOORS TO BE CLEAR OF PIPING AND WIRING TO ENSURE ADEQUATE CLEAR AREA FOR MAINTENANCE DUCT 23.36 lbs/linear ft FAN 318 lbs MOTOR 159 lbs RINGS 61.5 lbs/pair of ri SILENCER N lbs NO -LOSS lbs ARV 1 153 Ilbs HOOD I Ilbs 6" WALL GIRTS BLDG SKIN d 4 a 1" BOOTH COLUMNS AMU CURB (NOT PROVIDED BY GFS) LU RATING CLASS 1 DIV. 2 ACCESS INSIDE QUANTITY 35 INTAKE FILTERS PART # 217-012 SIZE 20" x 20" x 1" QUANTITY 64 EXHAUST FILTERS PART # FIL-EPP-2020-W SIZE 20" x 20" x 2" QUANTITY 64 MAN ACCESS DOOR SIZE 3'W x 7'H TYPE SOLID w/OBS QUANTITY 2 PRODUCT DOORS SIZE 14'W x 15'6"H TYPE AUTOMATIC STYLE ROLL -UP QUANTITY 1 ELECTRICAL INFO OPERATING VOLTAGE 480 VOLT 3PH 3W 60ZH FULL LOAD AMPS 64 LARGEST MOTOR HP 25 TOTAL HP 35 LIGHTING VOLTAGE 120 80 AMP MIN SERVICE REQ DAMPER w/QUADRANT BACK ELEVATION B 6/15/22 JCS UPDATED PER CO 6282 REV DATE REFERENCE BY DESCRIPTION REVISION HISTORY DRAWING A -GA �o O w C:) N 0B��°� I O 3 Q -E [V O m (V m O V ro .0 'U z LU Ln L 0 }, 0 'L LU _ O LU LU �. 0C s LO Ln U-,E°� , r0 Q .� E "_� M > >O > L O �U;���� N ((n M p AU p I) � —) � N ,p ( r6 O •S L C E:5 U � o 0' o � w Z m a O"6L�_)L a) Oru O � O � I■■I Q Q � ° � 'Wn (v L o` a--+ L E x L ° O2oa)Z3C o " &I W N ' 0C 00 c _ ria O V) U a..' E � ate"' +nLn N a) Z> 7-+ O 0 Go LL 'U �\ 2 ° =2-0->,0 LL Ln M LL a = V tie NOa 0 W .O=> wL - 4+ X -O E Q Z 0 .D LU O QNO C° LL L- 0.22O z ° Q) O ,� M W8 Z, no oC�7 ago CLU-) J CL ro ro O O � _Ca)°T" � Co o Ln U LL O v C O r° L4- DRAWING A -GA O w C:) N I Q � [V O m (V m O (V z LU Ln L LU LU LU 0C z Q U) M > >O > M O ((n M p r-) p I) � —) � I DRAWING A -GA O N U � [V O O M -o Ln 0C z � >O 1 O U U O o 0' m a Oru O U � v N LL D >� 0 L- U CLU-) J a O � Ln U N Ln CD 4-J a z 00 00 r"J W LU L� E X LU U � o J ra �LU J J Ln a- LU ORDER/SERIAL NUMBER U142511 DRAWING SET REVISION DS B DRAWING A -GA T-1 N M 0 0 NOTE: 1. PAINT MIX ROOM IS FABRICATED FROM 18 GAGE GALVANIZED SHEET STEEL; PRE -PUNCHED AND COMPANION FLANGED FOR BOLT TOGETHER ASSEMBLY. 2. DUCT SUPPORT NOT SUPPLIED BY GFS UNLESS OTHERWISE NOTED. 3. INCLUDED BUT NOT SHOWN: CUSTOMER APPROVAL of DRAWINGS SIGNED DRAWING(S) IS A STATEMENT THAT THE DIMENSIONS, DESIGN AND APPLICATION HAVE BEEN REVIEWED AND ARE APPROVED FOR FABRICATION. MANUFACTURE OF EQUIPMENT WILL BE SCHEDULED AFTER RECEIPT OF APPROVED DRAWINGS. REQUIRED INFORMATION INFO VALUE CUSTOMER VERIFICATION GAS PRESSURE: N/A ❑ YES ❑ OTHER: VOLTAGE: 480V ❑ YES ❑ OTHER: PHASE: 3PH ❑ YES ❑ OTHER: ROOF PITCH:1 FLAT ❑ YES ❑ OTHER: GFS STANDARD CONTROL PANEL S.C.C.R.: 5KA RMS ❑ APPROVED AS SUBMITTED ❑ DISAPPROVED - PLEASE RESUBMIT GFS WILL NOT BE RESPONSIBLE FOR BACK CHARGES WHEN INFORMATION PROVIDED IS INCORRECT. AUTHORIZED SIGNATURE: EXHAUST OPENING IN MIX ROOM w C 0 00z Y 0 9'-0" WORKING WIDTH 9'-4" OVERALL WIDTH FRONT ELEVATION 0 TF FLEX DUCT CONNECTION C 13'-4" CLEAR DEPTH REQUIRED PLAN VIEW BUILDING ROOF HEIGHT 4.86 lbs/linear ft 25 FT BUILDING DISTANCE TO WALL lbs MOTOR FT BUILDING ROOF PITCH . . . . . . . . . . . . FLAT AMU INTAKE NA lbs NA NA AMU DISCHARGE NA lbs NA �"� NA EXHAUST NA O 7 10 DIA O 18 x 18 COMPONENT TYPE Ln SIZE c!- 1E0� � O OPENING (RECOMMENDED) DUCT INFO - ROOF WALL OPENINGS SIDE ELEVATION ---(1) 2'-0" x 9'-0" WORKBENCH 0 Note: The amount of Flammable or Combustible Liquid stored in the paint mixing room must be within the following limits per NFPA 33: Paint mixing rooms within 6' of the spray area may contain up to two (2) gallons per square foot of enclosure floor area but may not exceed 60 gallons (US) Paint mixing rooms further than 6' from the spray area may contain up to two (2) gallons per square foot of enclosure floor area but may not exceed 300 gallons (US) - a o (1) SQ. TO I BACK ELEVATION E BOOTH EQUIPMENT SPECIFICATIONS EXHAUST FAN PART # 206-241-A DIAMETER 10" CFM 949 STATIC PRESSURE 1/2" HORSEPOWER 1/2 VOLTAGE 120 PHASE 1 ENCLOSURE TEFC QUANTITY 1 PART # LABW12-4-LED SIZE 48" TUBES - (INCL.) 4 TYPE LED VOLTAGE 120/277 RATING CLASS 1 DIV. 2 ACCESS INSIDE QUANTITY 3 INTAKE FILTERS PART # 217-012 SIZE 20" x 20" x 1" QUANTITY 3 MAN ACCESS DOOR SIZE 3'W x 7'H TYPE SOLID w/OBS QUANTITY 1 ELECTRICAL INFO OPERATING VOLTAGE 120 VOLT 1PH 2W 60HZ FULL LOAD AMPS 16 LARGEST MOTOR HP 1/2 TOTAL HP 1/2 LIGHTING VOLTAGE 120 20 AMP MIN SERVICE REQ DUCT 4.86 lbs/linear ft FAN O lbs MOTOR = . . . . . . . . . . . . . . . . . . . . . . . . SILENCER Q lbs NO -LOSS lbs ARV 12'-0" WORKING DEPTH 13'-4" n\/PR01 I np:PTW SIDE ELEVATION ---(1) 2'-0" x 9'-0" WORKBENCH 0 Note: The amount of Flammable or Combustible Liquid stored in the paint mixing room must be within the following limits per NFPA 33: Paint mixing rooms within 6' of the spray area may contain up to two (2) gallons per square foot of enclosure floor area but may not exceed 60 gallons (US) Paint mixing rooms further than 6' from the spray area may contain up to two (2) gallons per square foot of enclosure floor area but may not exceed 300 gallons (US) - a o (1) SQ. TO I BACK ELEVATION E BOOTH EQUIPMENT SPECIFICATIONS EXHAUST FAN PART # 206-241-A DIAMETER 10" CFM 949 STATIC PRESSURE 1/2" HORSEPOWER 1/2 VOLTAGE 120 PHASE 1 ENCLOSURE TEFC QUANTITY 1 PART # LABW12-4-LED SIZE 48" TUBES - (INCL.) 4 TYPE LED VOLTAGE 120/277 RATING CLASS 1 DIV. 2 ACCESS INSIDE QUANTITY 3 INTAKE FILTERS PART # 217-012 SIZE 20" x 20" x 1" QUANTITY 3 MAN ACCESS DOOR SIZE 3'W x 7'H TYPE SOLID w/OBS QUANTITY 1 ELECTRICAL INFO OPERATING VOLTAGE 120 VOLT 1PH 2W 60HZ FULL LOAD AMPS 16 LARGEST MOTOR HP 1/2 TOTAL HP 1/2 LIGHTING VOLTAGE 120 20 AMP MIN SERVICE REQ DUCT 4.86 lbs/linear ft FAN O lbs MOTOR = lbs RINGS 5.5 lbs/pair of rings SILENCER Q lbs NO -LOSS lbs ARV 24 lbs HOOD �"� lbs O E Z 0 O Qw J = O O r / M mon Qw J = O O r / M O U� �o O mon Qw ~Go U Ln z H Q oEwa�a GO O A M J aZ tie O �"� 00 fz i L O 7 00 O L Q) W 00 Ln r4 c!- 1E0� � O O v > rl O 00 U� �o O �B�- 0� LU U � oEwa�a N 110 O �o2cciv'Ef'� M Q a-1 OL Y 2 > L O X Q C 3 W fz i L O 7 N O Q L Q) U > (nE 6 0 Ln O c!- 1E0� � O Q U v > a� Ln ow- W '. 0 •�L�E o 410 _U O -a'- UW�Wo�a� L o cn ' ro-0 v � � U E o x u Q O > I� N w 'a c f ra O � Z ,' F q =3 -0 OCn :5 Ta) N N 0) O L ULL C O sli O D L - > O -O O L r- Q) Q . b MC a, 4-1 ~ J 6 2 w V� X 2 N 0- � rLU L(D OO L v O L� O L L Z+"� Z.= O O(n i2 U) Q 1E 8 12 7(,U 0 �.� LU (/) O C C) =4'o=o°ra Q)-� LL U +- c O i 0 O N LU U � N 110 O H M C) Ln m °C z m 0 O � 1 Ln z O °C o CD U z ' U z Q I� N w ru w N LU II M O 4-J_ •� o LU E X Q (V i2 U) O ,--i > (/) > °C U- n O 2:n n L j ,--� C- W 0 � c O N U � N 110 O M J Ln °C z O � 1 Ln z O °C o CD U z ' U o Q I� � a = ru O 00 O cn U M J J M Ln O Ln z O °C E z I� � oo xLU •� O 4-J_ •� o E X J I i2 O O 0 °C U- O 2:n On _� a_ C- W ORDER/SERIAL NUMBER u142511 DRAWING SET REVISION DS A DRAWING B -GA '�N AEROVENT» INDUSTRIAL VENTILATION SYSTEMS Quantity ..................... 1 Model ................. PTABD Size .................... 48134 Blade Angle ............... N/A Arrangement ................. 9 Class ........................ I Discharge ................. VUN Motor position ................ -- Propeller Diameter (in) ....... 48 Sound Tag: N/A Customer: Job ID: U142511 -A Date: June 03, 2022 Volumetric Flow CFM ..... 32,400 Operating SP (in WC) ..... 0.750 Standard SP (in WC) ..... 0.750 TP (in WC) .............. 1.151 RPM ..................... 822 Tip Speed (FPM) ......... 10330 Oper. Power BHP .......... 8.28 Standard Power BHP ....... 8.28 Outlet area (sq.ft) ........ 12.77 Outlet Velocity (FPM) ....... 2537 Max RPM for Class ......... 1114 Static Efficiency ......... 46.29% Total Efficiency ......... 71.02% FEI...................... 1.41 FEP (KW) ................ 7.01 System FEI ................ N/A System FEP (KW) ........... N/A Octave Bands'0©©Q©DOOM Inlet Pressure (in WC) ...... 0.000 Inlet Temperature (°F) ........ 70 Design Temperature (°F) ...... 70 Gas Type ......... Standard air Level at Inlet 0.075 60Hz Frame Size ............... 215T ® • : • Altitude above sea level (ft) ...... 0 Inlet Pressure (in WC) ...... 0.000 Inlet Temperature (°F) ........ 70 Design Temperature (°F) ...... 70 Gas Type ......... Standard air Estimated Density (Ib/ft3) .... 0.075 Power (HP) ................. 10 Enclosure ............... TEFC Speed (RPM) ............. 1800 Voltage ............. 230/460V Phase ...................... 3 Frequency ............... 60Hz Frame Size ............... 215T Distance in ft IMMM Qimmmm -12 Sound Power Levels in dB re.10 Watts: Estimated sound pressure level in dBA (re: 0.0002 microbar) based on a single * ducted installation: 'To estimate dBA level for ducted inlet and ducted outlet (into and out of the room) type installation, deduct 20 from the LwA value shown. Using a directivity factor of 1. Estimated Sound Pressure based on free field, spherical (Q = 1) radiation at stated distance. Definitions: LwA The overall (single value) fan sound power level, 'A' weighted. dBA The environment for each fan installation influences its measured sound value, therefore dBA levels cannot be guaranteed. Consult AMCA Publication 303 for further details. A fan's dBA is influenced by nearby reflective surfaces. Ver 10.1 October 2018 -Created 06-01-2022 Updated 06-03-2022 Owner Nick Deery Global Finishing Solutions Page 1 of 2 All quotations per Aerovent Terms and Conditions found at www.aerovent.com/terms-and-conditions -12 Sound Power Levels in dB re.10 Watts: Estimated sound pressure level in dBA (re: 0.0002 microbar) based on a single * ducted installation: 'To estimate dBA level for ducted inlet and ducted outlet (into and out of the room) type installation, deduct 20 from the LwA value shown. Using a directivity factor of 1. Estimated Sound Pressure based on free field, spherical (Q = 1) radiation at stated distance. Definitions: LwA The overall (single value) fan sound power level, 'A' weighted. dBA The environment for each fan installation influences its measured sound value, therefore dBA levels cannot be guaranteed. Consult AMCA Publication 303 for further details. A fan's dBA is influenced by nearby reflective surfaces. Ver 10.1 October 2018 -Created 06-01-2022 Updated 06-03-2022 Owner Nick Deery Global Finishing Solutions Page 1 of 2 All quotations per Aerovent Terms and Conditions found at www.aerovent.com/terms-and-conditions Tag: N/A AEROVENT'�N Customer: Job ID: U142511 -A INDUSTRIAL VENTILATION SYSTEMS Date: June 03, 2022 PTABD 4884, Class I, Arrangement 9 Bare fan ......................................... ...... ..... 9771b Access Door - General Observation ......................................... ...... ............... 0 Ib Flange - Fan Outlet, Companion ......................................... ...... ................. 33 Ib Weather Cover - Std Type ......................................... ...... ...................... 45 Ib Spark Resistant Construction - Type B ......................................... ...... ............. 0 Ib Shaft Mounting Per AE22-88......................................... ...... ..................... 0 Ib Extended Lube Lines to Fan Housing Exterior ......................................... ...... ........ 0 Ib Fixed Speed V -Belt Drive, 1.4 SF ......................................... ...... ................ 22 Ib Motor 10 HP, 1800 RPM, 230/460V, 3Ph, 60Hz , TEFC - Premium, 215T ............................ 239 Ib Special Motor Mount Aerovent Motor ......................................... ...... .......................... 0 l Each Weight ........................ 1,316 Ib Extended Weight ..................... 1,316 Ib Ver 10.1 October 2018 -Created 06-01-2022 Updated 06-03-2022 Owner Nick Deery Global Finishing Solutions Page 2 of 2 All quotations per Aerovent Terms and Conditions found at www.aerovent.com/terms-and-conditions AEROVENTN » INDUSTRIAL VENTILATIOSYSTEMS PTABD - Type P Tubeaxial Fan, Belt Driven Tag: N/A Customer: Job ID: U142511 -A Date: June 03, 2022 See Attached Variable blade angle Drawing 1 1 PTABD 1 48134 1 N/A 1 1,316 1 Approximate weight each, includes fan, motor and accessories. Class- 1, Roctatio_���Disch M. '• • I N/A 9 1 VUN -- Vertical arformance �I Oper. BHP X11 1 1 Temperature: 70 °F Altitude: 0 ft • 1.41 7.01 N/A N/A Note that the Fan Energy Index (FEI) is an overall efficiency (wire -to -air) metric which includes not only the impact of the fan efficiency, but also each of the drive components used to operate the fan. The Fan Electrical Input Power (FEP) is the amount of power of a qiven fan at an operatinq point characterized by a value of flow and pressure. 10 1,800 1 230/460V/3/60 I TEFC Efficiency: Premium Sound Data Level at Inlet m Level at Outlet®®�� m�m�� _• Standard Plot Accessories Included 3.2 .: • 1 �® Access Door - General Observation 11 •: • • m 1 • �� LWA: The overall (single value) fan sound power level in dB re. 10-12 Watts, 'A' weighted. dBA: Estimated sound pressure level (re:0.0002 microbar) based on a single ducted installation at 5 ft., using a directivity factor of 1. _• Standard Plot Accessories Included 3.2 12.0 Access Door - General Observation SP 2.8 Flange - Fan Outlet, Companion 10.5 Weather Cover - Std Type 3 Spark Resistant Construction - Type B S2.0 75 ; Shaft Mounting Per AE22-88 PoweresHP, 8.0 Extended Lube Lines to Fan Housing Exterior a,.2 ° 5 4 Fixed Speed V -Belt Drive, 1.4 SF ,°.e 0 Mount Aerovent Motor C 0.0 0 5 10 15 20 25 30 35 40 Volumetric Flow (CFM x 1000) Ver 10.1 October 2018 -Created 06-01-2022 Updated 06-03-2022 Owner Nick Deery Global Finishing Solutions Page 1 of 2 Tag: N/A AEROVENTNN Customer: Job ID: U142511 -A INDUSTRIAL VENTILATION SYSTEMS Date: June 03, 2022 Ver 10.1 October 2018 - Created 06-01-2022 Updated 06-03-2022 Owner Nick Deery Global Finishing Solutions Page 2 of 2 Order #5489616 - Quote #5489616 Fan #2 CFA 33 (4279 lbs.) Tag: Camping World Vertical industrial heater with 84" of burner and 33" blower. Supply Motor: Model DTP0254, 25.000 HP, 3 Phase, 460 V, 60Hz, 29.4 FLA, ODP, Premium (E-Plus3) Eff. Supply Motor Pulleys: Part Type Qty Browning # Turns Out Belt 3 5VX1080 Blower Pulley 1 365V234 Motor Pulley 1 365V52 -1.0 Burner: Min Output BTU: 128,333 BTU/Hr Max Output BTU: 3,850,000 BTU/Hr Size: 84" long Gas Type: Natural Supply Performance: Volume: 32400 cfm RPM: 389 TS: 3361 ft/min SP: 0.803" w.g. 0.500" Ext. + 0.145" Int. + 0.158" Opt. BHP: 17.0310 Heating Schedule: Altitude: 0' Winter Entering Air Dry Bulb Temp: 0°F Temp Rise: 100°F Output BTU: 3499200 Input BTU: 3803478 BTUs BASED OFF STANDARD AIR DENSITY Supply Installation Information: Gas Inlet Pressure: 1 Ib. - 5 Ib. Insurance: FM Insurance Requirement with Proof of Closure Motor Circuit: 36.8 Amps MCA, 60 Amps MOP, 460 V, 8 AWG Wire Min. Control Circuit: 4.0 Amps MCA, 15 Amps MOP, 120 V, 14 AWG Wire Min. Supply Unit Voltage: 3 phs 460 V 60Hz SCCR: 10 kAmp Blower: BLOWER 33" - Enamel finish, pillow block bearing, 0-55000 CFM, 50 HP, 2 7/16 x 70" Shaft, 600 MAX RPM, used in heated and non -heated supply fans Temp Control: XGFS • 7EC PLC Signal Conditioner • High Temp • NFPA86 Intake: V -BANK - 63.63" Width X 107.25" Length X 32" Height for Vertical Industrial, Standard 2" EZ Filter With Filter Intake Screen, CFAS Filters: 15x MV EZ Kleen Metal Mesh Filter. 20"x 25"x 2" Used for heater and supply fan intakes. (3416) 15x MV EZ Kleen Metal Mesh Filter. 16"x 25"x 2" Used for heater and supply fan intakes. (3410) Selected Options: • Gas Pressure Gauge, 0-15#, 2.5" Diameter, 1/4" Thread Size • Gas Pressure Gauge, -5 to +15 Inches Wc., 2.5" Diameter, 1/4" Thread Size • Ship Loose Gas Strainer. To be installed upstream of unit connection. 1 1/2" Connection • Burner section cap for size 5 Industrial Vertical unit with 33 or 36 blowers, protects burner section from weather prior to install. There is no warranty for water damage in burner and/or gas train due to improper storage prior to install. • Fan housing assembled without the use of silicone caulk. Primarily used for paint booth applications. Use Acrylic Latex Caulk, P/N A0011848. . High Gas Pressure Switch (1"- 20" WC) Factory set at 8" w.c. Replaces part HGP -A. • Low Pressure Gas Switch (1" 6" WC) Factory set at 2" w.c. • Size 5 Industrial Heater Casing Insulation with Steel Liner • Clogged Filter Switch • Size 5 VAV Profile and Wiring Package. No VFD included • External Side Discharge CD60 Damper for size 5 Vertical industrial units with 33" blowers. Includes actuator. • Industrial GM - BTU 3575000 - 4124999 - 1 Ib. - 5 Ib., FM Insurance Requirement with Proof of Closure, BV250-1212 MUA FAN INFORMATION - JOB#5489616 FAN TAG INPUT OUTPUT TEMP RISE MIN DESIGN NO 1 MANIFOLD PRESSURE GAUGE, -5 TO 15' WC MOTORW BTUs 1 1 SHIP LOOSE GAS STRAINER INDUSTRIAL 1 1/2' PRESSURE 125 HZ 2 CAMPING WORLD 3803478 EIGHT 100°F UNIT TAG QTY FAN UNIT MODEL # BLOWER CFM CFM ESP RPM ENCL HP BHP PHASE VOLT FLA MCA MOCP (LBS) SONES NO 2 CAMPING WORLD 1 CFA 33 A33 -33H 16200 32400 0.500 389 ODP,PREMIUM 25.000 17.0310 3 460 29.4 36.8A 60A 4279 38 (:A.4 FTRF.T) MAKF.—TTP ATR TTATTT(.i') FAN UNIT TAG INPUT OUTPUT TEMP RISE REQUIRED INPUT GAS GAS TYPE NO 1 MANIFOLD PRESSURE GAUGE, -5 TO 15' WC BTUs BTUs 1 1 SHIP LOOSE GAS STRAINER INDUSTRIAL 1 1/2' PRESSURE 125 HZ 2 CAMPING WORLD 3803478 3499200 100°F 1 LB. - 5 LB. NATURAL FAN OPTTOAT.S FAN UNIT NO TAG QTY DESCRIPTION SOUND DATA OCTAVE BAND SOUND DATA 1 INLET PRESSURE GAUGE, 0-15# TAG MOTOR 1 MANIFOLD PRESSURE GAUGE, -5 TO 15' WC SONES @ 5 FT DBA @ 5 FT 1 1 SHIP LOOSE GAS STRAINER INDUSTRIAL 1 1/2' F63 HZ 125 HZ SIZE 5 VERTICAL UNIT BURNER SECTION CAP TO PROTECT BURNER SECTION FROM WEATHER 1 PRIOR TO INSTALL. THERE IS NO WARRANTY FOR WATER DAMAGE IN BURNER AND/OR GAS TRAIN DUE TO IMPROPER STORAGE PRIOR TO INSTALL 1 NON -SILICONE CASING CONSTRUCTION 2 CAMPING WORLD 1 HIGH PRESSURE GAS SWITCH 8 KHZ NOLWA 1 LOW PRESSURE GAS SWITCH 1 SIZE 5 INDUSTRIAL HEATER CASING INSULATION WITH STEEL LINER 1 CLOGGED FILTER SWITCH - DRY CONTACT 1 SIZE 5 HEATER VAV PACKAGE - VFD NOT INCLUDED, NO POT 1 SIDE DISCHARGE CD60 DAMPER (A33) - VERTICAL UNIT 1 GAS MANIFOLD FOR INDUSTRIAL GM - BTU 3575000 - 4124999 - 1 LB. - 5 LB., FM INSURANCE REQUIREMENT WITH PROOF OF CLOSURE, BV250-1212 FAN RnumT) TATA FAN SOUND DATA OCTAVE BAND SOUND DATA UNIT TAG MOTOR SONES @ 5 FT DBA @ 5 FT DISTANCE (FT) F63 HZ 125 HZ 250 HZ 500 HZ 1 KHZ 2 KHZ 4 KHZ 8 KHZ NOLWA 2 1 CAMPING WORLD I SUPPLY 93.6 38 82.1 5 1 91.7 85.4 88.1 88.2 89.1 87.2 83.5 79,8 FAN 02 CFA 33 WITH 84' BURNER - HEATER (CAMPING WORLD) 1. VERTICAL INDUSTRIAL HEATER WITH 84' OF BURNER AND 33' BLOWER. 2. V -BANK EZ FILTERS W/SCREEN INTAKE - OUTDOOR. 3. SIDE DISCHARGE - AIR FLOW LEFT -> RIGHT. 4. GAS PRESSURE GAUGE, 0-150, 2.5' DIAMETER, 1/4' THREAD SIZE. 5. GAS PRESSURE GAUGE, -5 TO +15 INCHES VC., 2.5' DIAMETER, 1/4' THREAD SIZE. 6. SHIP LOOSE GAS STRAINER' TO BE INSTALLED UPSTREAM OF UNIT CONNECTION 1 1/2' CONNECTION. 7. BURNER SECTION CAP FOR SIZE 5 INDUSTRIAL VERTICAL UNIT WITH 33 OR 36 BLOWERS, PROTECTS BURNER SECTION FROM WEATHER PRIOR TO INSTALL. THERE IS NO WARRANTY FOR WATER DAMAGE IN BURNER AND/OR GAS TRAIN DUE TO IMPROPER STORAGE PRIOR TO INSTALL. 8. FAN HOUSING ASSEMBLED WITHOUT THE USE OF SILICONE CAULK. PRIMARILY USED FOR PAINT BOOTH APPLICATIONS. USE ACRYLIC LATEX CAULK , P/N A0011848. 9. HIGH GAS PRESSURE SWITCH (1' - 20' WC) FACTORY SET AT' V.C. REPLACES PART HGP -A. 10. LOW PRESSURE GAS SWITCH (1' - 6' WC) FACTORY SET AT 2' W.C. 11. SIZE 5 INDUSTRIAL HEATER CASING INSULATION WIT" STEEL LINER. 12. CLOGGED FILTER SWITCH. 13. SIZE 5 VAV PROFILE AND WIRING PACKAGE. NO VFD INCLUDED. 14. EXTERNAL SIDE DISCHARGE CD60 DAMPER FOR SIZE 5 VERTICAL INDUSTRIAL UNITS WITH 33' BLOWERS. INCLUDES ACTUATOR. .NOTE. SUPPLY DUCT MUST BE INSTALLED TO MEET SMACNA STANDARDS. A MINIMUM STRAIGHT DUCT LENGTH MUST BE MAINTAINED DOWNSTREAM OF UNIT DISCHARGE AS OUTLINED IN AMCA PUBLICATION 201. WHEN USING RECTANGULAR DUCTWORK, ELBOWS MUST BE RADIUS THROAT, RADIUS BACK WITH TURNING VANES. FLEXIBLE DUCTWORK AND SQUARE THROAT/SQUARE BACK ELBOWS SHOULD NOT BE USED. ANY TRANSITION AND/OR TURNS IN THE DUCTWORK WILL CAUSE SYSTEM EFFECT. SYSTEM EFFECT WILL DRASTICALLY INCREASE STATIC PRESSURE AND REDUCE AIRFLOW. DO NOT RELY ON UNIT TO SUPPORT DUCT IN ANY WAY. FAILURE TO PROPERLY SIZE DUCTWORK MAY CAUSE SYSTEM EFFECTS AND REDUCE PERFORMANCE OF THE EQUIPMENT. SUGGESTED STRAIGHT DUCT SIZE IS 44' x 44'. 7;- 58' MINIMUM STRAIGHT DUCT PER AMCAs I� � IN. 44' SUPPLY SIDE HEATER INFORMATION, WINTER TEMPERATURE = 01F. TEMP. RISE = 1001F. BTUs CALCULATED OFF STANDARD AIR DENSITY. OUTPUT BTUs AT ALTITUDE OF 0.0 FT. 3499200. INPUT BTUs AT ALTITUDE OF 0.0 FT. = 380347& FAN#2 (CAMPING WORLD) HEATER PERFORMANCE CURVES. 32400 CFM, 0,803 SP @ 389 RPM AND 17,031 BHP AT 0 FEET AND 100 DEG F, PLEASE NOTE THAT THESE CURVES WERE ADJUSTED FOR JOB SPECIFIC TEMPERATURE AND ALTITUDE. 2.000 1.750 00 1.500 1.250 400 Alp S P 1.000 0.750 3�\�o 0.500 0.250 X 1?00 0 '"PAN0 0.000 24000 28000 32000 36000 40000 CFM JOB Quote #5489616 &-I Global FiniShing WidonS LOCATION , DATE 6/3/2022 ::::IJOB# 5489616 cl�ulUit \A� DWG # 5 1 DRAWN BY smanisto REV I SCALE 3/8' = Y-0' Vertical Fired Heater JOB 5489616 — Quote #5489616 DRAWING NUMBER DFH5489616-2 SHIP DATE 6/3/2022 MODEL CFA 33 FOR SERVICE CALL: 1-800-848-8738 --COMPONL-- o cR— — NON FUSED z - DISCONNECT CB-01 CIRCUIT 1BREEAAKERN5A OVER [43] l�J SW-01 MT-01 1 3 PHASE FROM VFD L1 BK CI-02 TYPE 2 EXHAUSTIT EXHAUST) ] 460 VOLT T1 OTHERS S 60 HERTZ L2 BK T2 CI 063 BURNERUNNTERLOCK-BY OTHERS [33] 3 3 PHASE- L3 BK (EXHAUST ENABLES BURNER) 3 WIRE 120V (HELD SUPPL1EBDTo T3 — �0 1A 5 BK SK CB-01 120V (FIELD SUPPLIED) — — U -S1 "BURNER 8N" LIGHT [136"1 7 RE-1 7� LI-04 "FLAME FAILURE" LIGHT [40] "c 2 MT-01 MT-02 SUPPLY BLOWER MOTOR INT/DIS DAMPER MOTOR fill] 9 MT-08 VAV PROFILE DAMPER MOTOR [23] 1 SW-05 11 BK a BR F411 RE- 7-1 MT-02 PS-01 161 FLOW SWITCH r�7C�{ FI LOW11 13 13 BK BL 8 7 SK 2 t W" PPgSS 851 a0� SWTCH [[�3111f RE-15- 3 4 ppGWFip E pPgEggUR OH CCW [23] — — PLC Prove Damper PS-S7 PS-10 PR8FIEE PRESSURE HIGH AIR FLOW SWITCH [16] 15 RE-16- LPS-01 PS-10 10 9 39 EI BK "'SW-o7 BL �ur ur RE-07 RE-08 FLAME SAFETY CONTROLLEIZf351] PROOF OF CLOSURE RELAYYLL334,33// 17 RE-13 VAV BYPASS RELAY[23,45] RE-15 RE-16 UNIT ON RELAY r14 43 BURNER ON RELAY II.4((41 19 — — — — — — — — — L1-0 — — — — — — RE-18 SPRAY R-SBAKE RELAY [32,42] ] SW-06 U_ RD o - — — — — — — — — — — — — — CI-02 /1� — — SC t 2 SN-S SPEEp C FLAME BY 4p3THERS[31 ] R0or J 21 MT-08 TR-05 (UNE 10) 1 BK L1 T1RK R BK 1 PS-07 23 R1 1 RD 2 W 2 RE c 07 o 6 3 SW-01 MAIN DISCONNECT SWITCH [2] 25 I BR PS-O6 g�yyyy 88rg7, E- WH 1W r l PPRPO CLOSURE V d.38J 27 TR-03 IGNITIIA TRANSFORM %V 454 ] I TR-05 VAV TRANSFORMER 20VA [21] 29 VFD RELAY: CLOSES AT 29HZ AND ABOVE 01 - q Tg q TS-55 �� �p L��IT (3 MA��ALE RESET IIWH EMP [31] 31 �SC 1 1-04�13L­�­BLL05 _ 2 15 9R 3 Q1�C8/ N Y 9L RE-18 -OS H WH 2 33 RD 17 16 LJ CI-03 0'i RD BK VA-02 WH 35 RE-07 6 5 RE-08-1 _GR AGR BL 18 YW VA-01 WH (LINE4 BK) 7 4 BR ig BK TR-03 WH LI-02` G �� — — — V -S A-0 '�rj] [33] Awl] 37 3 YW 20 VA-03 VA-05 PILOT" MODULATING GAS VALVE -- -- RE-08 O RD WN R C W SN-02 BK -BLACK WIRE 39 G 2 WH BL -BLUE WIRE RD -RED WIRE U-04 24 R — — — BR -BROWN WIRE WH -WHITE WIRE GR -GRAY WIRE St 1-1 GR -GREEN WIRE YW -YELLOW WIRE 41 --NOTES-- 46 RE-18 C DENOTES CONTROL CABINET I B RE-15 rI C TERMINAL BLOCK (THERE MAY BE MULTIPLES) 43 LS` 44 RE :16 WH— — DENOTES FACTORY WIRING — DENOTES WIRING BY OTHERS RE-13 [ ] DENOTES LINE LOCATION 45 45 C FOR RELAY CONTACTS O DENOTES REMOTE CONTROL TERMINAL BLOCK ® DENOTES FIELD WIRE TO 47 REMOTE PANEL 21 BK PS-02 RD 22 49 (UNE 35) ig BK 120V WH T 1,W — TR-02 BL T • SW-07 USE S1 & S3, EXCEPT 1 24 2NF & AF ACTUATORS USE S4 & S6 MOTOR INFO SUPPLY 25HP-46OV-3P-29,4FLA CONTACTOR- 100-C37DIO 51 SR LOW FIRE START AMPLIFIER 53 AM-01 © 5 3 4 1 2 BL RD(-) 55 — 7 iOR T8 T9 13 14 BK�EC — — BK ELCLCCIRRCCCII�IC7u�M NF���qT'O� N MCOpTOOO7R -536861 57 VA-05 Mp 4 CONTOLI CIRCUITOMOP�015A LINE NUMBERS FM Insurance Requirement with Proof of CITY Monticello July 27, 2022 Re: Camping World PUD Amendment: City Project # 2022-29: PHONE: 763-295-2711 FAx:763-295-4404 505 Walnut Street I Suite 1 I Monticello, MN 55362 The Building Department/Fire Department has the following general comments for this project: 1. Provide a code compliant plan from a MN licensed Architect. 2. Provide UL listing for all equipment, must meet all building/fire codes. These items may be submitted with building permit application. Sincerely, Ron Hackenmueller Building Official www.ci.monticello.mn.us ADDITIONAL SUBMITTAL MATERIALS FOR Land Use Application Package Paint Booth Installation Camping World 3801 West Chelsea Road, Monticello MN Additional narrative Included in the attached link are drawings for the booth along with the CAD files. The booth will be placed next to the building with the exhaust and roll up door in the front, the AMU will be in the back right corner. Placement should be 4' from back wall and 3' from side wall. The new personnel door will be attached to the booth on the front left side going into the existing building, approx. 8' in from the front of the building, then we will use a vestibule or breezeway to connect them. We will NOT be utilizing any exist fire exits for the access door. LINK: https://www.dropbox.com/sh/boyvg0702we73sp/AAA53Y8 asoDWLdiAwCmJiUca ?d1=0 Picture of what the building will look like, this is a picture of an existing paint we had installed in North Carolina T- This is a visual of where the paint booth will be installed at the Monticello, MN location: This is a visual of where the new door access will be to the paint booth Revised site plan showing placement of paint booth See attached link for full size PDF of this survey site plan with Paint Booth placement - � - "` Boa = :.+�aD €91+57' �4p�i�an'.•.-•- =. � - PAMPET LP 86 s t•'- '004�id y"•t' - �ry PAJRRFEf _ - - _ - - - �•:' MINT- ZZ4 FTiT NEA 00 - :.`�;•::-_>•:iT_ Fly -'_�.; : 2801 CHELSEA ROAD WEST = SINGLE S70RY CONCRETE BLOCK �- V `•f 4EWCLE SALESJSERMCE BUILDING- � _ ' - - - ;. :`• , EVILDINO FOOTPRINT AREA -18.605 S4 FT. ' •WIC* • - - - �►.`y..� � � �PMAPE7d - - - - - 37-b FEET .` .`' - - - - 15 FEET f .r. ..��y - `'.:•�•.: •�:� .� �. •*� 1 ��� w _ fi •dA •X711. LINK: https://www.dropbox.com/shhttps://www.dropbox.com/sh/boyvg07O2we73sp/AAA53Y8 asoDWLdiAwCmJiUca?d1=0/AAA53Y8 asoDWLdiAwCmJiUca?d1=0 Enlargement to scale of placement of paint booth See attached link for full size PDF of this survey site plan with Paint Booth placement LINK iG euaau,e https://www.dropbox.com/sh/boyvq07O2we73sp/AAA53Y8 asoDWLdiAwCmJiUca?d1=0 Exterior wall facing Chelsea Road We understand that there is a concern regarding the exterior wall facing Chelsea Road and we suggest Camping World will spray the exterior wall with EFIS Stucco which is currently on the exterior of another building on site. EFIS Stucco is External Insulation and Finishing Systems and uses layers that add in synthetic materials. The first layer is comprised of a polystyrene foam board. Then, that is followed by a fiberglass mesh and a finishing coat Local architect We have had the paint booth installer, Jeff Syvrud of Platinum Equipment, LLC engage a local architect, Truman Howell Architects, who we understand has experience locally and can provide the required drawings and information of the paint booth installation City Council Agenda: 8/22/2022 2K. Consideration to approve an Amendment to a Conditional Use Permit for Planned Unit Development for a Clinic/Medical Services Use (Commercial Occupational Therapy Establishment) in the B-4, Regional Business District, Including Cross Access for Parking. Applicant: M&M Home Contractors obo Sunny Days Therapy Prepared by: Meeting Date: ® Consent Agenda Item Northwest Associated Consultants 8/22/2022 ❑ Regular Agenda Item (NAC)/ Community Development Director Reviewed by: Approved by: Chief Building & Zoning Official, Project City Administrator Engineer, Community & Economic Development Coordinator ACTION REQUESTED Motion to approve an amendment to a CUP for PUD for a clinic building at Union Crossings, subject to the conditions in Exhibit Z and based on findings in Resolution No. PC -2022-44. The Planning Commission recommends approval of the amendment to PUD, subject to the conditions in Exhibit Z. REFERENCE AND BACKGROUND Provide background information about why the item is being brought forward. Property: Legal Description: Lot 1, Block 1, Union Crossings 3rd Addition PID #: 155-212-001010 Planning Case Number: 2022-028 Request(s): Amendment to a multiple -parcel commercial PUD to develop a clinic building on an undeveloped parcel. The amendment would be processed as a Conditional Use Permit, which was the process used to establish the original Union Crossings PUD. Deadline for Decision: September 4, 2022 (60 -day deadline) November 11, 2022 (120 -day deadline) Land Use Designation: Regional Commercial Zoning Designation: B-4, Regional Business District City Council Agenda: 8/22/2022 The purpose of the B-4, Regional Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. Overlays/Environmental Regulations Applicable: NA Current Site Uses: Vacant Commercial Land Surrounding Land Uses: North: Union Crossings Retail (Home Depot) East: Vacant Commercial Building South: 1-94 West: Vacant Commercial Land Project Description: The applicants propose to develop a commercial clinic/professional office facility of approximately 5,600 square feet on the subject property, a pad development site of the Union Crossings retail PUD. The building would occupy an existing parcel of 29,900 square feet (.69 acres), with access to 7t" Street and cross -access to the adjoining development parcels to the east and west. To the east is a vacant commercial building that original held a McDonalds restaurant. To the west is other vacant commercial land. ANALYSIS: Ordinance Requirements. A Planned Unit Development (PUD) is currently in place for the subject site. The current PUD provides land for existing and future retail users, with the expectation that various parts of the property will be developed over time. The Original PUD identified conceptual site use, requiring PUD amendments to occur as new users that vary from the initial plan are identified. Land Use. The subject site is zoned B-4, Regional Business which lists "commercial and service activities" as a permitted use. The clinic is expected to draw from and serve customers from the entire community or region. In this regard, the proposed therapy clinic is consistent with the intent of the B-4 District. Site Access. The subject site is proposed to share access from the west and east via yet -to -be - constructed private drives (to be shared with adjacent commercial properties). The primary access point will be via 7t" Street East. Verification of the appropriate cross -access agreements should be completed as a component of final permitting. City Council Agenda: 8/22/2022 Off -Street Parking Supply. According to the Ordinance, one off-street parking space per 250 square feet of floor area is required of clinic uses such as that proposed. Thus, a total of 24 spaces is required of the 5,599 square foot building. The site plan far exceeds the minimum supply requirement, in that 44 off-street parking spaces have been proposed. Staff would suggest that the applicants consider a reduced parking supply if practicable for the proposed users to minimize impervious surface and stormwater impacts. There is additional land on the site to increase parking supply if it were to be necessary. In conformance with the State Council on Disability, four parking stalls are to be devoted to use by the disabled. Dimensional Requirements. All proposed parking stalls measure 9 feet in width and 20 feet in depth and satisfy the minimum dimensional requirements of the Ordinance requirements. Setbacks. According to the Ordinance, parking lot curb barriers may not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. All parking stall setbacks exceed this requirement. Landscaping. As required, a landscape plan has been submitted for review. The plan calls for a variety of plantings along the northern and eastern boundaries of the property lot and on the western front of the building. Along the perimeter of the parking lot, the plan calls for the placement of six Autumn Blaze Maple and four Swamp White Oak trees. Further, a mixture of Black hills Spruce Full Form, Ivory Sil. Tree Lilac have been interspersed. Along the building perimeter, a variety of plantings are proposed including Gold Tide Forsythia, Taunton Yew, Techny Arborvitae. Currently the adjacent site to the west is vacant but designated as B-4 as well. Because surrounding lands are commercial in nature, no buffering is required. With the referenced landscape plan clarification, the proposed landscape plan is considered to meet ordinance requirements for quantities of tree planting based on lot size, and shrub plantings based on building size. As noted above, the parking lot is constructed with 44 total spaces. The zoning ordinance requires that parking lot areas of longer than 24 spaces be broken up with a landscaped island. The proposed site plan shows parking bays of 22 spaces each, so no additional landscaped islands are required. City Council Agenda: 8/22/2022 Building Materials. As shown on the submitted building elevations, the building is to be finished in a combination of manufactured stone veneer wainscot with cut stone sill (at the base of the base of the structure) and cement fiber board siding and trim as selected by owner. All proposed building finish materials are consistent with the material requirements of the Ordinance and the original PUD approvals. Trash. To be noted, the designated garbage enclosure would be accessed from the driveway that circulates around the south side of the building. The refuse container area is to be surrounded by an enclosure of cedar fence boards. The location and construction of the enclosure would not be significantly prominent on the site and is consistent with the intent of the zoning ordinance in this regard. Lighting. As required by the Ordinance, a photometric lighting plan which identifies illumination levels on the subject site has been submitted. Currently the plans show no lighting on the building itself, if it does then it must adhere to the following. As a condition of PUD amendment approval, the plan will subject to review and approval by the City Building Official. Signage. As shown on the submitted site plan, a sign is proposed to be located at the north entrance of the site. The site plan includes a notation that the monument sign is to match the master development plan for the site. The proposed sign would be considered "Sign 4" on the approved master sign plan for Union Crossings. Its detail on the plan submissions matches the allowance for size approved on the original PUD, with a sign area of 4 feet in height by 6 feet in width, and an overall height — including the mounting pedestal — of 5 feet, 6 inches. In addition to the entrance sign there are four signs on the building that are proposed on the south, west, and east building elevations. The applicant will need to submit a sign permit when the design is completed. The proposed wall signs appear to be far below the threshold 15% maximum size allowed by the Sign sections of the zoning ordinance. As a part of the sign construction, the applicant will be required to submit separate sign permitting applications showing compliance with the zoning ordinance requirements. Grading, Drainage and Utilities. As required, the applicant has submitted a grading and drainage plan and a utility plan for review. As a condition of PUD amendment approval, the plans should be subject to review and approval by the City Engineer. Future Development. According to the applicant's drawings, the northern one-third of the subject site is being reserved for possible future development. Due to limited available lot width, such development will likely be a northerly expansion of the proposed building rather than a freestanding structure. Future development upon the subject site will be subject to the processing of a PUD amendment. City Council Agenda: 8/22/2022 PUD Amendment Criteria. In considering an amendment to the Union Crossings PUD, the City must consider whether the proposed amendment affects the PUD's ability to continue to achieve PUD goals outlined by Code. Specifically, a determination should be made whether the amendment supports higher standards of site and building design, efficient use of land, a more desirable environment than possible through strict application of the zoning regulations, and innovative development options at all levels. In this regard, it is not anticipated that approval of the amendment will negatively impacts the health and safety of the City. Budget Impact: The applicant provides an escrow to cover the costs of review of the application. II. Staff Workload Impact: City Planner NAC prepared the staff report; their time is coded to the noted escrow. City staff had a minor amount of time in the review of the application and staff report, an estimated 2-4 hours. III. Comprehensive Plan Impact: The proposed request is consistent with the intent of the City's commercial land use districts as identified in the Monticello 2040 Plan and the Land Use strategy of "accommodating many different kinds of businesses of all shapes and forms". PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed this item and held a public hearing on the request during their regular meeting on August 2, 2022. The applicant's representatives, Miranda Johnson and Kristi Fritz were present to address the Commission. Ms. Johnson provided a brief overview of the therapy services offered. The Commission inquired as to the number of Sunny Days facilities currently in operation. The representatives indicated that there are currently four. Hearing no other public comment, the Commission closed the hearing. The Commission voted unanimously to recommend approval of the amendment to the CUP for Planned Unit Development. STAFF RECOMMENDED ACTION Staff recommends approval of the PUD amendment as proposed. The site plan demonstrates an allowed use in the zoning district, easily fitting on the lot in question, and in compliance with the requirements of the original Union Crossings PUD. No substantive changes or additions are necessary, other than standard verification at the time of construction permitting. SUPPORTING DATA A. Resolution PC -2022-44 B. Aerial Site Image City Council Agenda: 8/22/2022 C. Applicant Narrative D. Certificate of Survey E. Plans, Including: a. Site Plan b. Floor plans c. Building Elevations F. Civil Plans, Including: a. Existing Conditions b. Site Plan c. Grading & Drainage Plan d. SWPPP Plan e. Utility Plan G. Landscape Plan H. Lighting Plan I. Building & Fire Department's Letter, dated July 27, 2022 J. City Engineer's Letter, dated July 26, 2022 Z. Conditions of Approval CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR SUNNY DAYS THERAPY IN THE UNION CROSSINGS PUD LOT 1, BLOCK 1, UNION CROSSINGS 3RD ADDITION WHEREAS, the Union Crossings PUD is a mixed commercial use Planned Unit Development, subject to a Conditional Use Permit; and WHEREAS, the applicant proposes to develop a vacant lot within said PUD for a clinic office building; and WHEREAS, the subject property is zoned B-4, Regional Business, and guided for Regional Business uses in the Monticello 2040 Land Use Plan; and WHEREAS, the proposed use is a permitted use in said zoning district; and WHEREAS, the development of the proposed clinic on the subject property requires approval of an amendment to the Conditional Use Permit for PUD; and WHEREAS, the Planning Commission held a public hearing on August 2nd, 2022 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The proposed use is consistent with the original requirements of the approved Planned Unit Development for Union Crossings. 2. The proposed plans demonstrate consistency with the Union Crossings PUD and the requirements of the B-4, Regional Business zoning district. 3. The proposed facility can be accommodated with existing levels of municipal utilities and infrastructure. 4. The proposed facility will generate traffic on the adjoining roadways that was anticipated as a part of the design of said roadways. NOW, THEREFORE, BE /T RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-44 Council approves the amendment to Conditional Use Permit for a Planned Unit Development, subject to the conditions listed in Exhibit Z of the staff report as follows: 1. Verification of plans and construction permitting for Sign size, lighting, cross - access, and final details as specified on the submitted plans. 2. Compliance with the terms of the City's Engineering Staff letter dated July 26, 2022. 3. Compliance with the terms of the City's Building & Fire Department Staff letter dated July 27, 2022. 4. Comments and recommendations of other Staff and Planning Commission. ADOPTED this 2nd day of August, 2022 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: Andrew Tapper, air ATTEST: Angela -Schumann, C/ jmnp uhity Development Director 2 Consideration of an Amendment to a Conditional Use Permit for Planned Unit Development Created by: City of Monticello It PC. Occupational & Speech Therapy IMF A �: �-rIt ,`i. Nom... ,�Q:�. �,. �7 _ y._ .. * ��• c V ON.1 air lk, *41 Ip r r - Gusro rMcauror n[ru, _ ' • -a , , ii ; MWIW-ft Y o0wr "lea,A EIF P "1 rr ^.IK'G"' ■ SunnyDays Therapy Inc 06/13/2022 City of Monticello Community Development Director Dear Hayden Stensgard: SunnyDays Therapy provides speech language and occupational therapy services to a pediatric population. We strive to help our patients achieve optimal functioning in their daily lives. Many of our current patients at our Albertville clinic live in the Monticello area. In order to better serve the needs of these patients we would like to open an office in Monticello. Our project is to construct a building with similar features to our Albertville office. The application includes plans for the site and photos of the existing Albertville office. We and our attorney have reviewed the recorded covenants and do not foresee any issues with meeting the requirements of the covenants. Sincerely, i Jon Peters SunnyDays Therapy Inc 9346 OAK AVENUE, WACONIA, MN 55387 T(952) 223-2506 U WWW.SUNNYDAYSTHERAPY.COM L C:) 0 a; m 0 0 0 0 0 m 0 0 Z I I I Z 1 I 1 I 1 \I 1 I 1 I 1 I 1 I 1 I 2 WAT I 'P 1 F •� �/AT WAT WAT 1 wqT r� r SAN ° RE \ 9 FT Hsr STO \ — RE=954.40 j SAN SAN —SAN �' IE 8" GONG/PVf=944.67 �qT/�rHPUB7, fSTRFErRF�cr IE 8" CONC=945.20 \ — STO _ �� SAN Q Z STO STO �F' RE=955.57 Q I STO 1 IE 15" CONC=949.97 S I'V,gT =GAS GAS IRON PIPE CAP NO. 47481 a CHECKED: CRF DRAWN: BJY FIELD CREW: XXX FIELD WORK DATE: XX/XX/22 REVISIONS: STO STO / I � � GAS v� 7bgAigB7F�/oT y'�� 'vP qN / SqN wqT\ / Cye` \ �.y �J osO I SqN 4;\o �8� F \ \ / ,,2Q � j / \ RE=95756 � S,qN, IE=942.56 \ / / / / RE -95766 \ \ IE 78" CONC=948.26 ,9T \ 1,y `iq L APPROXIMATE \ —� LOCATION (PER PLAN) "� \ IRON PIPE NO CAP � O \ RE -95703 / IE 78" CONC=949.23 957 / / n: -A- 1 50' L !I 0 50 100 150 SCALE IN FEET LEGEND / • FOUND MONUMENT (SEE LABEL) v SIGN / SANITARY MANHOLE PuG POWER UNDERGROUND /�- 9sa'" r sT STORM MANHOLE SAN SANITARY SEWER -` / /1 / � /�' / •�iti:A'/.rte . CATCH BASIN STO STORM SEWER / • ` ,. RE=95204•'' • ' HYDRANT war WATERMAIN / 0 IE 72" CONC=952.94 GATE VALVE x FENCE LINE Qso / LIGHT POLE CURB & GUTTER 0 ��P`'� / °��/ •,' }. ••• HH HAND HOLE/JUNCTION BOX CONCRETE SURFACE FIBER OPTIC PEDESTAL BITUMINOUS SURFACE I GENERAL NOTES 1. Bearings shown hereon, and the coordinate system of any CAD files related to this survey are relative to 1 I / the Wright County Coordinate system NAD83 (1986 adjustment). 2. Lengths of lines and distances between features are measured in US -Survey Feet OR International Feet. / QA 3. Elevations and ground contours shown hereon are relative to the Local System vertical datum and are relative to Benchmark 8680 BE which has an elevation of 969.17 FT. STATEMENT OF POSSIBLE ENCROACHMENTS The following items are items observed by the surveyor which may constitute an encroachment onto/from the subject property and are provided to drawn the users attention, the items below may not in fact constitute an encroachment. \a O7 Curb and concrete surface extends onto subject property at the northeast corner of said property. SURVEYOR'S CERTIFICATION XX/XX/2022 I PREPARED FOR: LARKI N HOFFMAN To: Larkin Hoffman, Ryan Companies US, Inc., Monticello 7th Street East LLC and Old Republic National Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 2, 3, 4, 5, 6(a), 6(b), 8, 9, 11(a), 11(b), 13, 16 and 18 of Table A thereof. The fieldwork was completed on 05/10/2022. Date of Map: 7/7/2022 Chris Ambourn, LS Minnesota License No. 43055 chris.amboum@westwoodps.com Lot 1, Block 1, UNION CROSSINGS 3RD ADDITION Monticello, MN (NOT TO SCALE) / ) \` yi VICINITY MAP SITE Monticello Eil � . ntn 51reei aar¢ ie — X Fldds IFI•' � 125 � I LEGAL DESCRIPTION The following information was provided in Old Republic National Title Insurance Company File Number ORTE748334 which has an effective date of February 22, 2022 at 700 A.M.: Lot 1, Block 1, Union Crossings Third Addition, Wright County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 7011.0. SCHEDULE B SECTION 2 ITEM NOTES The following notes correspond to the numbering system of Schedule B, Section 2 of the above mentioned title commitment. Items 1-9 & 13-16 are not survey related and are not addressed hereon. 10. Terms, conditions, provisions and easements contained in that certain Operation and Easement Agreement dated July 5, 2005, filed July 29, 2005, as Document No. 23751 as amended by First Amendment to Operation and Easement Agreement dated November 7, 2007, filed December 27, 2007, as Document No. 26013 as amended by Second Amendment to Operation and Easement Agreement dated June 5, 2008, filed July 28, 2008 as Document No. 26476 and Assignment of Approving Party Status to AX TC Retail L.P. in document dated December 31, 2014, filed October 20, 2015 as Document No. T31168 and as further amended by Third Amendment to Operation and Easement Agreement, dated July 24,20 75, filed October 20,20 75 as Document No. T31169 -SAID EASEMENT DOES NOT AFFECT THE SUBJECT PROPERTYAND /S NOT SHOWN HEREON. As supplemented by Terms and conditions of Declaration of Allocation of Common Area Maintenance Costs and Administration Fee dated May 31, 2011, filed June 21, 2011 as Document No. 28434. As supplemented by Terms and conditions of Declaration of Allocation of Common Maintenance Area Costs and Administration Fee dated May 31, 2011, filed June 21, 2011 as Document No. 28435. 11. Utility and drainage easement(s) as shown on the recorded plat of Union Crossings and Union Crossings Third Addition. -SAID EASEMENT /S SHOWN HEREON. 12. No right of access exists from premises to Interstate Highway No. 94. Right of access was taken by the State of Minnesota as evidenced by Final Certificate Document No. 287159 in Book 258 of Deeds, page 536. -SAID EASEMENT IS SHOWN HEREON. TABLE A OPTIONAL ITEM NOTES 1. Property corner markers have been found as shown hereon. 2. The address of the surveyed property is unassigned and is located in Monticello, Mn. 3. The subject property appears to lie within Zone C (area of minimal flooding) according to FEMA Flood Insurance Rate Map Community - Panel Number 27054 70005B which has an effective date of 11/01/1979. 4. The subject property contains 67,179 sq. ft. or 1.542 acres, more or less. 6(a). There were no Zoning Reports or Letters provided by the title company, client or owner. 6(b). There were no Zoning Reports or Letters provided by the title company, client or owner. 8. The surveyor has made a good faith effort to show all substantial, above ground, visible, and permanent features observed during the course of the survey. 9. The subject property contains 0 regular parking stalls, 0 handicapped stalls and 0 motorcycle stalls. 11(a). There were no site utility plans and/or reports provided by the client. 11(b). A private utility marking request was made by the surveyor (One Call Ticket No. 22 7245206). The underground utility lines shown have been located from field survey information and existing drawings. The surveyor makes no guarantees that the underground utilities shown comprise all such utilities in the area, either in service or abandoned nor do we guarantee the accuracy or completeness of the markings and maps provided. 13. Names of adjoining owners are shown according to the Wright County GIS Map. 16. On the date the field work was completed for this survey, there was no observable evidence of current earth moving work, exterior building construction or building additions. 18. Any plottable offsite easements provided in the Title Insurance Commitment are shown hereon. Westwood Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. ALTA/NSPS Land Title Survey SHEET NUMBER: 1 OF 1 PROJECT NUMBER: 0036679 0 DATE: 05/15/2022 ,yh ,y'Y ° 0 STO STO / I � � GAS v� 7bgAigB7F�/oT y'�� 'vP qN / SqN wqT\ / Cye` \ �.y �J osO I SqN 4;\o �8� F \ \ / ,,2Q � j / \ RE=95756 � S,qN, IE=942.56 \ / / / / RE -95766 \ \ IE 78" CONC=948.26 ,9T \ 1,y `iq L APPROXIMATE \ —� LOCATION (PER PLAN) "� \ IRON PIPE NO CAP � O \ RE -95703 / IE 78" CONC=949.23 957 / / n: -A- 1 50' L !I 0 50 100 150 SCALE IN FEET LEGEND / • FOUND MONUMENT (SEE LABEL) v SIGN / SANITARY MANHOLE PuG POWER UNDERGROUND /�- 9sa'" r sT STORM MANHOLE SAN SANITARY SEWER -` / /1 / � /�' / •�iti:A'/.rte . CATCH BASIN STO STORM SEWER / • ` ,. RE=95204•'' • ' HYDRANT war WATERMAIN / 0 IE 72" CONC=952.94 GATE VALVE x FENCE LINE Qso / LIGHT POLE CURB & GUTTER 0 ��P`'� / °��/ •,' }. ••• HH HAND HOLE/JUNCTION BOX CONCRETE SURFACE FIBER OPTIC PEDESTAL BITUMINOUS SURFACE I GENERAL NOTES 1. Bearings shown hereon, and the coordinate system of any CAD files related to this survey are relative to 1 I / the Wright County Coordinate system NAD83 (1986 adjustment). 2. Lengths of lines and distances between features are measured in US -Survey Feet OR International Feet. / QA 3. Elevations and ground contours shown hereon are relative to the Local System vertical datum and are relative to Benchmark 8680 BE which has an elevation of 969.17 FT. STATEMENT OF POSSIBLE ENCROACHMENTS The following items are items observed by the surveyor which may constitute an encroachment onto/from the subject property and are provided to drawn the users attention, the items below may not in fact constitute an encroachment. \a O7 Curb and concrete surface extends onto subject property at the northeast corner of said property. SURVEYOR'S CERTIFICATION XX/XX/2022 I PREPARED FOR: LARKI N HOFFMAN To: Larkin Hoffman, Ryan Companies US, Inc., Monticello 7th Street East LLC and Old Republic National Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 2, 3, 4, 5, 6(a), 6(b), 8, 9, 11(a), 11(b), 13, 16 and 18 of Table A thereof. The fieldwork was completed on 05/10/2022. Date of Map: 7/7/2022 Chris Ambourn, LS Minnesota License No. 43055 chris.amboum@westwoodps.com Lot 1, Block 1, UNION CROSSINGS 3RD ADDITION Monticello, MN (NOT TO SCALE) / ) \` yi VICINITY MAP SITE Monticello Eil � . ntn 51reei aar¢ ie — X Fldds IFI•' � 125 � I LEGAL DESCRIPTION The following information was provided in Old Republic National Title Insurance Company File Number ORTE748334 which has an effective date of February 22, 2022 at 700 A.M.: Lot 1, Block 1, Union Crossings Third Addition, Wright County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 7011.0. SCHEDULE B SECTION 2 ITEM NOTES The following notes correspond to the numbering system of Schedule B, Section 2 of the above mentioned title commitment. Items 1-9 & 13-16 are not survey related and are not addressed hereon. 10. Terms, conditions, provisions and easements contained in that certain Operation and Easement Agreement dated July 5, 2005, filed July 29, 2005, as Document No. 23751 as amended by First Amendment to Operation and Easement Agreement dated November 7, 2007, filed December 27, 2007, as Document No. 26013 as amended by Second Amendment to Operation and Easement Agreement dated June 5, 2008, filed July 28, 2008 as Document No. 26476 and Assignment of Approving Party Status to AX TC Retail L.P. in document dated December 31, 2014, filed October 20, 2015 as Document No. T31168 and as further amended by Third Amendment to Operation and Easement Agreement, dated July 24,20 75, filed October 20,20 75 as Document No. T31169 -SAID EASEMENT DOES NOT AFFECT THE SUBJECT PROPERTYAND /S NOT SHOWN HEREON. As supplemented by Terms and conditions of Declaration of Allocation of Common Area Maintenance Costs and Administration Fee dated May 31, 2011, filed June 21, 2011 as Document No. 28434. As supplemented by Terms and conditions of Declaration of Allocation of Common Maintenance Area Costs and Administration Fee dated May 31, 2011, filed June 21, 2011 as Document No. 28435. 11. Utility and drainage easement(s) as shown on the recorded plat of Union Crossings and Union Crossings Third Addition. -SAID EASEMENT /S SHOWN HEREON. 12. No right of access exists from premises to Interstate Highway No. 94. Right of access was taken by the State of Minnesota as evidenced by Final Certificate Document No. 287159 in Book 258 of Deeds, page 536. -SAID EASEMENT IS SHOWN HEREON. TABLE A OPTIONAL ITEM NOTES 1. Property corner markers have been found as shown hereon. 2. The address of the surveyed property is unassigned and is located in Monticello, Mn. 3. The subject property appears to lie within Zone C (area of minimal flooding) according to FEMA Flood Insurance Rate Map Community - Panel Number 27054 70005B which has an effective date of 11/01/1979. 4. The subject property contains 67,179 sq. ft. or 1.542 acres, more or less. 6(a). There were no Zoning Reports or Letters provided by the title company, client or owner. 6(b). There were no Zoning Reports or Letters provided by the title company, client or owner. 8. The surveyor has made a good faith effort to show all substantial, above ground, visible, and permanent features observed during the course of the survey. 9. The subject property contains 0 regular parking stalls, 0 handicapped stalls and 0 motorcycle stalls. 11(a). There were no site utility plans and/or reports provided by the client. 11(b). A private utility marking request was made by the surveyor (One Call Ticket No. 22 7245206). The underground utility lines shown have been located from field survey information and existing drawings. The surveyor makes no guarantees that the underground utilities shown comprise all such utilities in the area, either in service or abandoned nor do we guarantee the accuracy or completeness of the markings and maps provided. 13. Names of adjoining owners are shown according to the Wright County GIS Map. 16. On the date the field work was completed for this survey, there was no observable evidence of current earth moving work, exterior building construction or building additions. 18. Any plottable offsite easements provided in the Title Insurance Commitment are shown hereon. Westwood Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. ALTA/NSPS Land Title Survey SHEET NUMBER: 1 OF 1 PROJECT NUMBER: 0036679 0 DATE: 05/15/2022 SHEET INDEX ARCHITECTURAL Al SITE PLAN, ZONING INFORMATION, PROJECT TEAM A2 FLOOR PLAN, MEZZANINE PLAN, ROOF PLAN A3 1/4" FL. PLAN, SCHEDULES A4 MEZZANINE PLAN, INTERIOR ELEVATIONS A5 BUILDING SECTIONS, WALL SECTIONS, DETAILS A6 EXTERIOR ELEVATIONS, MATERIALS A7 SOUTH MEZZANINE PLAN, INTERIOR ELEVATIONS A8 NORTH MEZZANINE PLAN STRUCTURAL S1 STRUCTURAL NOTES, FOOTING & TRUSS DETAILS S2 FOUNDATION & ROOF FRAMING PLANS S3 BUILDING SECTIONS, WALL SECTIONS CIVIL 0100 PAVING AND UTILITY PLAN 0200 GRADING & EROISON CONTROL PLAN C300 DETAILS SURVEY V201 BY WESTWOOD PROFESSIONAL SERVICES LANDSCAPE PLAN L-1 LANDSCAPE PLAN, DETAILS MECHANICAL/ELECTRICAL MECHANICAL AND ELECTRICAL CONSTRUCTION TO BE COMPLETED BY "DESIGN BUILD". PROJECT TEAM OWNER: JON AND KELLY PETERS SUNNY DAYS THERAPY 9346 OAK AVE. WACONIA, MN 55387 ARCHITECT: HAUGEN ARCHITECTURE, iNC. 13 WASHINGTON AVE. WEST HUTCHINSON, MN. 55350 320 587-6074 MECHANICAL/ELECTRICAL ENGINEER DESIGN/BUILD — TO BE DECIDED CIVIL ENGINEER: LOUCKS ENGINEERING, INC. 7200 HEMLOCK LN. N. SUITE 300, MAPLE GROVE, MN. 763 424-5505 STRUCTURAL ENGINEER: DOUG HUGHES CONTRACTOR: M & M HOME CONTRACTORS, INC. 413 PAUL AVE. S. COLOGNE, MN 55322 952 797-3720 LANDSCAPE DESIGNER: LOUCKS ENGINEERING, INC. 7200 HEMLOCK LN. N. SUITE 300, MAPLE GROVE, MN. 763 424-5505 BUILDING CODE ANALYSIS (2020 MN. BUILDING CODE) A. OCCUPANCY CLASS B (BUSINESS) � I_ 4.1 B. TYPE OF CONSTRUCTION V -B C U C. ALLOWABLE AREA (TABLE 506.2) 27,000 SF i 0 co Z FIRST FLOOR 5,480 SF y SECOND FLOOR 1,428 SF D QF TOTAL AREA 6,908 SF c D. ALLOWABLE HEIGHT (TABLE 503) 3 STORY (2 STORY PROVIDED) E. SPRINKLER SYSTEM YES 0 F. SPRINKLER - AREA INCREASE INCLUDED IN BASIC ALLOWABLE AREA G. SEPARATION WALLS NONE N H. OCCUPANCY SEPARATION NONE x� I. BUILDING ELEMENTS OF] FIRE RATING NONE J. EXTERIOR WALLS 0 FIRE RATING NONE 0_' K. OCC. LOAD ALLOWANCE Z 0 FIRST FLOOR (OFFICE) 150 SF/OCC. 37 OCC. CD SECOND FLOOR (OFFICE) 150 SF/OCC. 10 OCC. TOTAL OCCUPANTS N 47 OCC L. EXITING & OCC. LOAD (2) EXITS REQUIRED > 50 OCC. W 1 EXIT 0 SEC. FL. W/ < 49 OCC. W AND < 100' TRAVEL DISTANCE M. PLUMBING FIXTURES (1:25 FIXTURES REQ'D.) (3) UNI -SEX REST ROOMS PROVIDED N. MAX. TRAVEL DISTANCE 250' 0. MAX. COMMON PATH OF TRAVEL 100' ZONED B-2 LOT COVERAGE AND SETBACKS: SETBACKS: FRONT YARD 53'-10" FEET SIDE YARD 40 FEET REAR YARD 67 FEET MAXIMUM SITE COVERAGE OF HARD SURFACE INCLUDING BUILDINGS IS 58% TOTAL SITE AREA (170'X176') = 29,920 SF HARD SURFACE (17,347 SF) = 58% SCREENING AND LANDSCAPING: ALL PARKING LOTS SHALL BE DESIGNED TO INCORPORATE UNPAVED, LANDSCAPED ISLANDS. ALL ISLANDS SHALL CONTAIN A MINIMUM OF 180 SQ. FT. ALL ISLANDS SHALL HAVE DECIDUOUS SHADE TREES, ORNAMENTAL OR EVER- GREEN TREES PLUS GROUND COVER MULCH OR SCHUBERY. PARKING LOT LANDSCAPE TREES ARE REQUIRED AT RATE OF 1 TREE PER 15 PARKING SPACES. PARKING LOT ISLANDS SHALL HAVE A RAISED CONCRETE PERIMETER CURB. ALL AREAS FOR PARKING AND DRIVEWAYS SHALL BE SURFACED WITH BITUMINOUS OR CONCRETE PAVEMENT. ANY LIGHTING FOR OFF-STREET PARKING SHALL BE HOODED AND IN COMPLIANCE WITH SECTION 1000.10 OF ALBERTVILLE ORDINANCE. CURB CUTS, UNLESS OTHERWISE APPROVED, SHALL NOT EXCEED 24' IN WIDTH, MINIMUM OF 5 FEET FROM THE SIDE YARD PROPERTY LINE, NOT LESS THAN 40 FEET FROM ONE ANOTHER AND ALLOWED 1 PER 125' OF STREET FRONTAGE. PARKING CALCULATION: PARKING CALCULATION: OFFICE USE - 1 SPACE PER EACH 200 SQ. FT. OF FLOOR AREA. TOTAL FLOOR AREA = 6,908 SF (35 SPACES REQ'D.) SIGNAGE: TOTAL AREA OF ALL SIGNS MAY NOT EXCEED 25% OF THE FRONT BUILDING WALL. ONLY ONE (1) DOUBLE -SIDED FREE STANDING SIGN PER LOT. THE SIGN AREA SHALL NOT EXCEED 96 SQ. FT. IN AREA AND HAVE A MAXIMUM HEIGHT OF 18 FEET. BASE OF SIGN SHALL HAVE A MINIMUM OF TWO (2) FT. HIGH AND A MAXIMUM OF ONE-HALF THE HEIGHT OF THE SIGN AREA. ALL PORTIONS OF THE STRUCTURE, EXCLUDING THE SIGN AREA, SHALL MATCH BUILDING'S MATERIAL. LANDSCAPE NOTES: TREES SHALL BE PLANTED SUCH THAT THE TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOTBALL. TREES WHERE THE TRUNK FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE TOP OF THE ROOTBALL WITH SOIL. WRAP ENTIRE SURFACE OF TRUNK TO SECOND BRANCH WITH APPROVED TREE WRAP (FROM NOV. 1ST. TO MAY 1ST. ONLY). SECURE AT 2" INTERVALS. DO NOT WRAP POPULOUS SPECIES. SUPPORT WIRE TO BE GALVANIZED. ATTACH TO TREE WITH 2" CLOTH BAND OR APPROVED EQUAL. STAKE DECIDUOUS TREES AS SHOWN WITH 2'-6" LONG STEEL OR PEEELED POLE STAKES STAKED AT 180 DEGREES. EXTEND STAKES 24" - 30" INTO GROUND. STAKE EVERGREENS AS SHOWN WITH 3 2' LONG STEEL STAKES AT 120 DEGREES. USE ONLY GALVANIZED WIRE. REMOVE ALL WIRE BASKETS, NYLON TIES, TWINE, ROPE AND BURLAP FROM TOP AND SIDES OF ROOTBALL. REMOVE UN- NECESSARY PACKING MATERIAL. PROVIDE 2'-0" RADIUS MULCH COLLAR WHEN TREES ARE PLANTED IN SOD. DO NOT PLACE MULCH IN CONTACT WITH THE TREE SITE GENERAL NOTES: 1. SURVEY INFORMATION TAKEN FROM SURVEY PREPARED BY WESTWOOD PROFESSIONAL SERVICES, INC. 12701 WHITEWATER DRIVE, SUITE 300, MINNETONKA, MN 2. CONFIRM LOCATION OF ALL SITE UTILITIES, UNDERGROUJD WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES PRIOR TO EXCAVATION. 3. SEE LANDSCAPE PLAN FOR EXTENT OF SEED/SOD AND LANDSCAPING REQUIREMENTS. 4. SEE CIVIL PLANS FOR SITE DRAINAGE REQUIREMENTS. 5. COORDINATE MECHANICAL/ELECTRICAL WORK TO BE COMPLETED UNDER DESIGN/BUILD CONTRACTS. 6. COORDINATE FIRE LANE CONSTRUCTION AT SOUTH SIDE OF OF PROPERTY AND CONNECTION TO EXISTING PARKING/DRIVE TO THE EAST. PROTECT DAILY OPERATIONS OF ADJACENT PROPERTY OWNERS DURING CONSTRUCTION OPERATIONS. PROVIDE CONSTRUCTION FENCING AS REQUIRED. 7. SPOT ELEVATIONS SHOWN ARE EXISTING ELEVATIONS - SEE CIVIL PLANS FOR FINAL GRADE ELEVATIONS. 8. TOPSOIL AND ORGANICS SHALL BE STRIPPED FROM ALL AREAS TO BE PAVED. ALL FILL, BACKFILL AND SUBGRADE PAVEMENT AREAS SHALL BE COMPACTED TO 100% STANDARD PROCTOR DENSITY. SOIL BORING REPORT TO GOVERN. SITE NUMBERED NOTES: OPLANTING ISLAND - SEE LANDSCAPE PLAN OTRASH ENCLOSURE - SEE PLAN (6/A7) AND DETAILS SHEET A7 O3 FENCE AT OUT -DOOR PLAY AREA - SEE 6/A7 O4" REINFORCED CONCRETE WALK OVER 4" CLASS #5 FILL. PROVIDE WEEK PLANE JOINTS AT 48" O.C. O5 FURNISH AND INSTALL ALL DISABLED PARKING SIGNS AND STRIPING OF THE PARKING AREA ACCORDING TO THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. PARKING LOT STRIPPING SHALL BE 4" WIDE WHITE LINES. PROVIDE STRIPING AT FIRE DEPT. ACCESS TO RISER ROOM, WALKWAY TO NORTH PARKING AREA AND ACCESS TO TRASH ENCLOSURE. OA/C CONDENSING UNITS - BY MECHANICAL SUB -CONTRACTOR M W So SITE PLAN TENANT SIGN #4 l" = 20'-0" .. T 0) F- 0 W LC) � I_ 4.1 N I 3w n >Z 10 C U Q �6 i 0 co Z � 0Z boo y ZZ D QF � E c x � r 0 W N a> z N N Q v :3 Q) o 0 x� 0 a� OF] w — o af (n .. 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SLAB W/ 2" RIGID N I COND. �.1 5' II ----------- �� OFFICE 110 -------- -------------------------------------------------�---- ------------ OOP00 L, ' L I STOOP \ oc LL, I I I I I U 0 NOTE: SEE SHEET A4 FOR 1/4" SCALE PLAN OF SUNNY DAYS THERAPY MEZZANINE AREA. MEZZANINE PLAN 1/81, = 1'-0" 46'-8" - -- I I I I IIjI 01, - -4 "X 4' -o" III I 4'X4' STOOPo--- --5�':IrI U v o N j WDW. a z co o� -A --------------- ----- zz II000 --I--- ----------- ----------A- --r---r----------- II cl j : AIR I j 120 I bO G I � j i. --------- I 0) � OF�iCE i ----K -- ---- - - q V ______________ ___ ___________ 'Q, --loe------ T- x� II ' — 0-0af(n ---------- j ----I -\ r_ O LOBBY I 101 S RISER ROOM " : 00RECEPTIONI I 1 I00 los ' 0 OFFICE E1091I 140 it I 0 Z W Z) r W -- ---- -- I- W :2 W PROVIDE 4" REINFORCED to Q --- - -�--� op : I CIRCULAJIIION Q 00 N ---------- i ---I I - CONC. SLAB W/ 2" RIGID N I COND. �.1 5' 5'-4"X4'-O, I ' : I ` o OFFICE 110 HIGH DENSITY INSULATION. PROVIDE GYP BD AND Lr S " OOP00 L, ' I❑ I I I STOOP \ oc LL, INSULATION AT ALL U I I WALLS. (HEAT BY ELEC.)-- I J I U Q 134 W TENANT SPACE IO O I joc O o 0 0 0 0CL 0 Ioc00 z ^/ o NOTE: NO FINISHES THIS w w U U 0 D AREA; INCLUDING CONCRETE N 1�1 N SLAB, GYPSUM BD. AND : :— O L� INSULATION AT WALLS AND: O Ln I CEILINGS. I" II 2X6 STUDS @ 16" O.C. (O I O (NO GYP BD) j A OI "I I I I I I I -- I -------�- - I --------------- -- ---I --------------- -------- --7---- -- - - g CONFERENCE RM. 12� j OFFICE OFFICE I 124 126 127 I ND. " CU" I 0 : UNIT ------ - --------- _ Lr I 5' -4"X4' -0i' P : I TREATMENT i6 : Ln STOOP : - ---------- -- ---- ----- --------- -- -- 119 00 00 I I I I 1I 0 " j: - I ZZ j - — AjII: — — I ----+I'IIIII -- ----- — - 1u1--11 876-- O �- — - � N ITREATMENTw OPEN OFFICE ------------ ------------------------------- TREATMENT i4 — - — - — - — - — - — - — - — - — - — - — - — - - ------ _-�L:::IIIIIIII - " III O 04 SrAIR RETMENT #3 IN-�XE' - C O : I I I Lr- — - — - — - — ----- — - — - — -I 5'-4"X4'-01�' STOOP00 -- I -- I SENSORY GYM 121 I TREATMENT f2 I I : 1WCHMICAL IIs : 1011 : 3 I I I ,'C----- - +---4 - I I --------- --, -- - I 'CQND. 4" REINFORCED:CONC. SL UNIT -- I -- I OVER 2" RIGID NIGH DENSIT TREATMENTO 00 INSULATION OVgR 6" MIN. I I Ila 1 _Ln6 : GLASS 5 GRAVEL FILL. I 15 I I I — i - A5 : 0 CONFIRM CEDAR FENCE GATE AND CONC. WALK LOCATION W/ SITE PLAN O I I - — - — - — - — - — I -- I ERE ROC M I I I j - — - I w �, I UNFSEX I® 06 j oFI�cE I j 102 I 103 ' , ' _ I I I I I 111 I� CXj O j II \ -�---- - I m --�- '_____________' ________I I - I I I , 5'-4"X4'A0' , I » j 1 STOOP I >, I I I I / I o OUT -DOOR I N PLAY AREA I I� CEDAR FENCE SEE 6/A7 I I I I j I j---- CEDAR FENCE — (6) EQUAL PANELS 2 1 1/8" = 1'-0" NOTE: SEE SHEET A3 FOR 1/4" SCALE PLAN OF SUNNY DAYS THERAPY AREA. I I W I �a)>,+' N I 4'X4' (n C4 Q2 U v o N j WDW. a z co o� E +' Q T� zz II000 N I I cl j : AIR I j 120 I bO G I � j i. : I 0) � OF�iCE i ----K r- V ______________ ___ ___________ 'Q, --loe------ T- x� ' — 0-0af(n ---------- j ----I -\ r_ O LOBBY I 101 I I : 00RECEPTIONI I 1 I00 los ' 0 OFFICE E1091I J—_—_ I it I 0 Z W Z) r W "I I- W :2 W 0 to Q --- - -�--� op : I CIRCULAJIIION Q 00 N ---------- i ---I I - j I j N I COND. �.1 5' 4"X4'-0" : "I I ' : I ` o OFFICE 110 NIT i— — Lr S " OOP00 L, ' I❑ I I I I \ CONFIRM CEDAR FENCE GATE AND CONC. WALK LOCATION W/ SITE PLAN O I I - — - — - — - — - — I -- I ERE ROC M I I I j - — - I w �, I UNFSEX I® 06 j oFI�cE I j 102 I 103 ' , ' _ I I I I I 111 I� CXj O j II \ -�---- - I m --�- '_____________' ________I I - I I I , 5'-4"X4'A0' , I » j 1 STOOP I >, I I I I / I o OUT -DOOR I N PLAY AREA I I� CEDAR FENCE SEE 6/A7 I I I I j I j---- CEDAR FENCE — (6) EQUAL PANELS 2 1 1/8" = 1'-0" NOTE: SEE SHEET A3 FOR 1/4" SCALE PLAN OF SUNNY DAYS THERAPY AREA. .. T r. °a 0 wpW W In �a)>,+' N I n �Z 10 (n C4 Q2 U v o N z a z co o� E +' Q T� zz II000 N � c cl r x bO G N O U N jE O N 0) � z� > L Q C N V v :3 N O 0 O 'Q, U x� - U) — 0-0af(n 0 ■ ■ .. T C E O W In �a)>,+' N (n C� O a (n O E O E +' Q T� o N � c cl +•oma � N O U N jE O N 0) � o > L Q C N I- D :3 N O 0 O o Q_ - U) — 0-0af(n 0 A2 W (n a cl W 0 Z I- D < Q - U) w 0 Z 0 O Q 0 Z LL Z) (n W I- W :2 W 0 to Q LLI U J Vl Of Z a ` o CL 0 z LL, U I D 0 Z J U Q W W O O o 0 0 0 0CL 0 z ^/ o w w U U 0 D N 1�1 N O r� (O A2 a I a I 1 I I 1 i IME I a_ AO I — -I I I 1 I I I I - - _f94, - — NOTE: PROVID 4" INFORCED — - t - I , 4ICONC. SLAB H// 2" HI OPEN OFFICE I DENSITY RIGIDI INSULATIO I i1 I AT STAIR ONLY THIS ARE I I 160 I , II _ ____ _ NOTE: NO FINISHES THIS AREA, i 117 - — — EXPOSED STUDS AT EXT. WALLS, OPEN JOISTS AT ROOF AND I O I GRAVEL BASE AT FLOOR. T ATMENT #4 I I STAIR I I N i 120 6'-4 8'-0" I I I I CENTER WALL ON DIMENSION GRID I I - L - - - i rn � I I-- 1 m m I 4B m I iv UNI -SEX ' I i 9 112 TREATMENT #3 1 I 0 O I A4 116 1 A o o STORAGE A A4 - 112 I 123 116 B- - — I ------- --�- -- I I 115 I iv 4 1 I TR TMENT #2 i M I SHOWER TO i I SET DIM. SS I O 1221 ' I MECHANICAL 1 I m 113 — SENSORY GYM 114 I STOOP I — - - F. . CAB. r� I o m I I � , 7'-6" 6'-4" I i TREATMENT #1 � 114 I O l I I 1 13 I I � I I I i0 I 12'-6" 9'-0" 8'-10" 6'-4" 5'-0" a I ¢ I I -- 1 — I --I -- I 0 I � 4'X4' H.M. I 1 2- 12 - STAIR 00 I A I04 1 4A OFFICE I _ 1 i 108 I _ I ------- -- I ----------1---- ---------- ---------------I ---------- - -- -- -- I Q , 108 - - I - -- A4 tI _J LOBBY 1i M , 4A 109 I 101 a I I M RECEPTION OFFICE ILr � � 105 I o --- 101 11 > I 1I m - --- -- -- - — -- - --------- -)/I - - 1 _00 Q ELEC. WATER I I — - Z a I 4'COOLER 1 Q I CLEAR i STOOP STORAGE CIRCULATION m A I �o l07 104 I OFFICE j I N --? -- — , -- i ------- - I I 106 I , I m I I 110 I "� - I - - - - - O — - --- �, BREAK ROOM I 111 CHIL ENS _ _` 1 U =SEX �- -1- -------- 106 ----- - --00 ------- ---- -- °° ----- - - WAITN1 AREA- - .[_ 0 102 I �iA b z N Q OFFICE -- Q 6 Q b m 46 I 111 IAO I I 1 O I 1 I - - - - - I - - - - - - - - - - - - - - - - - - - - _T - = 1 I m I I 1 ---I--- I I -------------- ----------I - ---- --O '----------- I I---I---J rt — — — — — — — — — — — — — — � ii I ii I II I I II I 5'-8" i l I II , I II I II , I II I I I 9'-4" 8'-2" 13'-10" 6'-4" I� 9'-0" I CEDAR PANEL WOOD CEDAR PANEL WOOD FENCE AT PLAY AREA FENCE AT PLAY AREA (SEE SHEET Al) (SEE SHEET Al) FLOOR PLAN SOUTH HALF — SUNNY DAYS THERAPY 1/4" = 1'-0" Do WALL TYPES: 4A TYPE 4A 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE. 46 TYPE 4B X9� 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. 6A TYPE 6A 2X6 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. PROVIDE MOISTURE RESISTANT GYPSUM BOARD AT ALL WET LOCATIONS. 66 TYPE 6B C� 2X6 STUDS AT 16" O.C. WITH (2) LAYERS 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. 4'-0" ] / CD 2"X5 3/4" HOLLOW METAL FRAME (PAINT) _ 4X4_ HOLLOW METAL_ (LOBBY 101) HOLLOW METAL WINDOWS: 3'-4" a CV p I AL -1 - — ALUM. FRAMES TO BE 2"X4 1/2" (TYPICAL) WITH THERMAL -BREAK FRAME TYPES: 5'-0 1/2" 1- O (2) ICAP 2971 T 6'-8 1/2" co (2) ICAP 4171 T VARIES O I F-2 HOLLOW METAL FRAMES TO BE 2"X5 3/4" (TYPICAL) (16 GA. INT.) (14 GA. EXT.) -IV - - - - - - - - - - - - WINDOW TYPES: on O "FG" (WIDE STYLE) DOOR TYPES: 9'-1" (3) ICAP 3747 T "F" WOOD "F" HOLLOW METAL (FLUSH) (FLUSH) GLASS TYPES: AO 1" INSUL., TINTED,TEMPERED SAFETY GLASS 1/4" CLEAR TEMPERED SAFETY GLASS WOOD DOORS: SOLID CORE WOOD DOORS TO BE 1 3/4", PLAIN SLICED RED OAK, FINISHED ON SITE. WINDOWS: WINDOWS TO BE MARVIN, INTEGRITY, WOOD-ULTREX UNITS. PROVIDE 7/8" GLASS WITH LOW E 366 PROVIDE 1/2" VERTICAL MULLION REINFORCEMENT AT ALL COMBINED UNITS. ROOM SCHEDULE W LN ROOM # LOCATIONSIZE ROOM # ROOM NAME FLOOR BASE WALLS MATERIAL FINISH CEILING MATERIAL FINISH HEIGHT REMARKS ROOM # 101 LOBBY CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 101 101 102 CHILDREN WAIT AREA CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 103 102 103 UNI -SEX REST RM. C.T. C.T. GYP BC.T. PAINT_ GYP. BD. PAINT 10'-0" CERAMIC TILE TO 3'-0" HT. 103 104 CIRCULATION CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 104B 104 105 RECEPTION CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 105 105 106 BREAK ROOM LVT VINYL GYP. BD. PAINT GYP. BD. PAINT 10'-0" 106 106 107 STORAGE SEALER VINYL GYP. BD. PAINT GYP. BD. PAINT 10'-0" 107 107 108 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 108 108 109 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 109 109 110 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 110 110 111 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 111 111 112 UNI -SEX REST RM. C.T. C.T. GYP BCT PAINT_ GYP. BD. PAINT 10'-0" CERAMIC TILE TO 3'-0" HT. 112 113 MECHANICAL SEALER VINYL GYP. BD. PAINT GYP. BD. PAINT 10'-0" 113 113 114 TREATMENT #1 CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 114 114 115 TREATMENT #2 CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 115 115 116 TREATMENT #3 CARPET CARPET GYP. BO. PAINT GYP. BD. PAINT 10'-0" 116 116 117 TREATMENT #4 CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 117 117 118 TREATMENT #5 CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 118 118 119 TREATMENT #6 CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 119 119 120 STAIR CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT VARIES 121 120 121 SENSORY GYM CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 122 121 122 STORAGE SEALER VINYL GYP. BD. PAINT GYP. BD. PAINT 10'-0" 123 122 123 OPEN OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 124 123 124 CONFERENCE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 8'-0" 125 124 125 UNI -SEX REST RM. C.T. C.T. GYP C.T. PAINT _ GYP. BD. PAINT 10'-0" CERAMIC TILE TO 3'-0" HT. 125 126 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 127 126 127 OFFICE CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 10'-0" 130 127 130 FUTURE TENANT "A" H.M. PAINT F H.M. PT. F-2 02 NO WORK THIS AREA 130 140 RISER ROOM SEALER VINYL GYP. BD. PAINT GYP. BD. PAINT 10'-0" PROVIDE 4" CONC. SLAB W/ INSUL. 140 CONFERENCE ROOM 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 08 201 202 201 CONFERENCE ROOM CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 8'-0" 202 201 202 CHARTING CARPET CARPET GYP. BD. PAINT GYP. BD. PAINT 8'-0" 203 202 2031 MECHANICAL LVT VINYL GYP. BD. PAINT GYP. BD. PAINT 8'-0" 203 204 1 HALL ICARPET tCARPET GYP. BD. PAINT GYP. BD. PAINT 8'-0" 204 5'-0 1/2" 1- O (2) ICAP 2971 T 6'-8 1/2" co (2) ICAP 4171 T VARIES O I F-2 HOLLOW METAL FRAMES TO BE 2"X5 3/4" (TYPICAL) (16 GA. INT.) (14 GA. EXT.) -IV - - - - - - - - - - - - WINDOW TYPES: on O "FG" (WIDE STYLE) DOOR TYPES: 9'-1" (3) ICAP 3747 T "F" WOOD "F" HOLLOW METAL (FLUSH) (FLUSH) GLASS TYPES: AO 1" INSUL., TINTED,TEMPERED SAFETY GLASS 1/4" CLEAR TEMPERED SAFETY GLASS WOOD DOORS: SOLID CORE WOOD DOORS TO BE 1 3/4", PLAIN SLICED RED OAK, FINISHED ON SITE. WINDOWS: WINDOWS TO BE MARVIN, INTEGRITY, WOOD-ULTREX UNITS. PROVIDE 7/8" GLASS WITH LOW E 366 PROVIDE 1/2" VERTICAL MULLION REINFORCEMENT AT ALL COMBINED UNITS. DOOR/FRAME SCHEDULE 100 w0 o W LN ROOM # LOCATIONSIZE DOOR MATERIAL FINISH TYPE MATERIAL FRAME FINISH TYPE a I =; REMARKS ROOM # 101 LOBBY 3 -0X7 -0X1 3/4" ALUM. ANOD. FG ALUM. ANDD. AL -2 01 101 103 UNI -SEX REST RM. 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 06 103 104A CIRCULATION 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 09 104A 104B CIRCULATION 3 -0X7 -0X1 3/4" ALUM. ANDD. FG ALUM. ANDD. AL -1 01 104B 105 RECEPTION 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 03 105 106 BREAK ROOM 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 05 106 107 STORAGE 2 -8X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 11 107 108 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 108 109 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 109 110 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 110 111 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 111 112 UNI -SEX REST RM. 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 07 112 113 MECHANICAL 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 11 113 114 TREATMENT #1 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 03 114 115 TREATMENT #2 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 03 115 116 TREATMENT #3 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 03 116 117 TREATMENT #4 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 03 117 118 TREATMENT #5 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 03 118 119 TREATMENT #6 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 03 119 121 SENSORY GYM 3-OX7-OX1 3/4" ALUM. ANDD. FG ALUM. ANDD. AL -2 01 121 122 STORAGE 2 -8X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 11 122 123 OPEN OFFICE 3 -0X7 -0X1 3/4" ALUM. ANDD. FG ALUM. ANDD. AL -2 01 123 124 CONFERENCE 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 08 124 125 UNI -SEX REST RM. 3-ox6-8X1 3/4" WOOD S & V F H.M. PT. F-2 07 125 126 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. I PT. F-2 08 126 127 OFFICE 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 127 130 FUTURE TENANT 3-OX7-OX1 3/4" ALUM. ANDD. FG ALUM. ANDD. AL -2 01 130 140 RISER ROOM 3 -0X6 -10X1 3/4" H.M. PAINT F H.M. PT. F-2 02 140 201 CONFERENCE ROOM 3-OX6-8X1 3/4" WOOD S & V F H.M. PT. F-2 08 201 202 CHARTING 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 08 202 203 MECHANICAL 3 -0X6 -8X1 3/4" WOOD S & V F H.M. PT. F-2 11 203 5'-0 1/2" 1- O (2) ICAP 2971 T 6'-8 1/2" co (2) ICAP 4171 T VARIES O I F-2 HOLLOW METAL FRAMES TO BE 2"X5 3/4" (TYPICAL) (16 GA. INT.) (14 GA. EXT.) -IV - - - - - - - - - - - - WINDOW TYPES: on O "FG" (WIDE STYLE) DOOR TYPES: 9'-1" (3) ICAP 3747 T "F" WOOD "F" HOLLOW METAL (FLUSH) (FLUSH) GLASS TYPES: AO 1" INSUL., TINTED,TEMPERED SAFETY GLASS 1/4" CLEAR TEMPERED SAFETY GLASS WOOD DOORS: SOLID CORE WOOD DOORS TO BE 1 3/4", PLAIN SLICED RED OAK, FINISHED ON SITE. WINDOWS: WINDOWS TO BE MARVIN, INTEGRITY, WOOD-ULTREX UNITS. PROVIDE 7/8" GLASS WITH LOW E 366 PROVIDE 1/2" VERTICAL MULLION REINFORCEMENT AT ALL COMBINED UNITS. 0 100 w0 o W LN (2) ICAP 4171 T VARIES O I F-2 HOLLOW METAL FRAMES TO BE 2"X5 3/4" (TYPICAL) (16 GA. INT.) (14 GA. EXT.) -IV - - - - - - - - - - - - WINDOW TYPES: on O "FG" (WIDE STYLE) DOOR TYPES: 9'-1" (3) ICAP 3747 T "F" WOOD "F" HOLLOW METAL (FLUSH) (FLUSH) GLASS TYPES: AO 1" INSUL., TINTED,TEMPERED SAFETY GLASS 1/4" CLEAR TEMPERED SAFETY GLASS WOOD DOORS: SOLID CORE WOOD DOORS TO BE 1 3/4", PLAIN SLICED RED OAK, FINISHED ON SITE. WINDOWS: WINDOWS TO BE MARVIN, INTEGRITY, WOOD-ULTREX UNITS. PROVIDE 7/8" GLASS WITH LOW E 366 PROVIDE 1/2" VERTICAL MULLION REINFORCEMENT AT ALL COMBINED UNITS. 0 100 w0 o W LN I 3w N Z 10 W 0 Q� U v o N Z 0- V)0E_v Z co o0 E-� 2 II N � QF cl r x b0 c r~ O O _� a� - c w N L Q C N V 0 :3 Q) 0 0 'Q, U x� w - 0-0ft�(n Q w O E W LN U W 0 a 0- V)0E_v 0 E-� + Q T� O N � cl O O 04 a� - c CV o N L Q C N 0 :3 Q) 0 0 CD 0 +z w - 0-0ft�(n Q A3 W W a cl 0 zW U) 0 5 a w = w o z 0 O Q 0 Z LL F- w :2 ~ W 0 •• Q W U J V1 O_ Z ` o CL p z z Ld LLJ I- to I z J 0 Q W W z O d d O 0 0 o 0 z ^/ o w w U U O O CV 1�1 CV O 04 A3 46'-8" Ix Ilk 1 Q'— d" I . FLOOR PLAN NORTH HALF — SUNNY DAYS THERAPY 1 /4" = 1'-0" O B21 36" HORIZONT GRAB B SB36 B21 REFRIG 2 BREAK ROOM #106 ELEV. A4 1/4" = 1'-0" HORIZONTAL 3 BAR 5 UNI—SEX #103 A4 1/4" = 1'-0" NOTE: CONFIRM ALL FINISHES WITH OWNER. 9 UNI—SEX #112 A4 1/4" = 1'-0" NVISIrd»01 4A TYPE 4A 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE. 46 TYPE 4B 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. 6A TYPE 6A 2X6 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. PROVIDE MOISTURE RESISTANT GYPSUM BOARD AT ALL WET LOCATIONS. 66 TYPE 6B C' 2X6 STUDS AT 16" O.C. WITH (2) LAYERS 1/2" GYPSUM BOARD EACH SIDE AND 3 1 /2" ACOUSTICAL BATT INSULATION FULL HT. tf.5b b6b 3 RECEPTION #105 ELEV. A4 1/4" = 1'-0" G.B. G.B. LAM. PLASTIC 1 & BACKSPLASH O 6 UNI—SEX #103 A4 1/4" = 1'-0" PAINT 36"X60" SHOWER 7o UNI—SEX #112 A41/4t' = 1'-0" FOLDING SEAT 7 UNI—SEX #103 A4 1/4" = 1'-0" CONTROL W1630 W3630 W3630 W1630 I AREA w0 o i� N I 3w n �Z V) - - - - O I o N i� I 36" G.B. Z co o0 c000z E— C iD I ii L c I I r x b O U 6 I W M J U _T �'> i N w I N V i� L-:30- 0 0 I U FLOOR PLAN NORTH HALF — SUNNY DAYS THERAPY 1 /4" = 1'-0" O B21 36" HORIZONT GRAB B SB36 B21 REFRIG 2 BREAK ROOM #106 ELEV. A4 1/4" = 1'-0" HORIZONTAL 3 BAR 5 UNI—SEX #103 A4 1/4" = 1'-0" NOTE: CONFIRM ALL FINISHES WITH OWNER. 9 UNI—SEX #112 A4 1/4" = 1'-0" NVISIrd»01 4A TYPE 4A 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE. 46 TYPE 4B 2X4 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. 6A TYPE 6A 2X6 STUDS AT 16" O.C. WITH 1/2" GYPSUM BOARD EACH SIDE AND 3 1/2" ACOUSTICAL BATT INSULATION FULL HT. PROVIDE MOISTURE RESISTANT GYPSUM BOARD AT ALL WET LOCATIONS. 66 TYPE 6B C' 2X6 STUDS AT 16" O.C. WITH (2) LAYERS 1/2" GYPSUM BOARD EACH SIDE AND 3 1 /2" ACOUSTICAL BATT INSULATION FULL HT. tf.5b b6b 3 RECEPTION #105 ELEV. A4 1/4" = 1'-0" G.B. G.B. LAM. PLASTIC 1 & BACKSPLASH O 6 UNI—SEX #103 A4 1/4" = 1'-0" PAINT 36"X60" SHOWER 7o UNI—SEX #112 A41/4t' = 1'-0" FOLDING SEAT 7 UNI—SEX #103 A4 1/4" = 1'-0" 36"X60" SHOWER SHOW CURT ROD 24" 11 UNI—SEX #112 4 1/4t' = 1'-0" 13 CONFERENCE #123 A4 1/4" = 1'-0" PAINT CONTROL W1630 W3630 W3630 W1630 J Q AREA w0 o �a)>,+' N I 3w n �Z V) 6" ao I o N Z 36" G.B. Z co o0 c000z E— C 36"X60" SHOWER SHOW CURT ROD 24" 11 UNI—SEX #112 4 1/4t' = 1'-0" 13 CONFERENCE #123 A4 1/4" = 1'-0" PAINT W1630 W3630 W3630 W1630 J Q w0 o �a)>,+' N I 3w n �Z V) o N Z U Z co o0 c000z E— C 4-1 Q T� ii L c cl- I r x b O U 6 W Q J U _T �'> i N w 0 N V M L-:30- 0 0 'Q, U x� w= — 0-0ft�cn o W O M m J B36 B36 4 RECEPTION #105 ELEV. A4 1/4" = 1'-0" 8 UNI—SEX #103 A4 1/4" = 1'-0" 12 UNI—SEX #112 A4 1/4" = 1'-o" B18 SB36 B18 REFRIG 2 BREAK ROOM #106 ELEV. A4 1/4" = 1'-0" 14 UNI—SEX #122 A4 1/4'$ = 1'-0" HORIZONTAL 3 BAR .. T C O w w0 o �a)>,+' N I 3w n �Z V) o N Z N Z co o0 c000z E— C 4-1 Q T� ii L c cl- I r x b O U 6 W Q � _T �'> i N w L Q C N V M L-:30- 0 0 'Q, U x� w= — 0-0ft�cn o W .. T C O w In �a)>,+' N a co O E 0 c000z E— C 4-1 Q T� 0 L c cl- O U 6 W O O !EN N _T �'> i N 0 L Q C N U Q-0 :2 M L-:30- 0 0 cr)� 0 Q - N � w= — 0-0ft�cn o w a _ cl- W 00 z cr)� Q w= W O m J Z 0 U Q Z L N w w W 0 •• J V1U Z ` O U z z U I� U � Z Z J U Q W W z o d d O 0 0 0 o Z w o wLd U U O D N 1�1 N O 04 n (o TYPICAL WALL SECTION 1/4" = 1'-0" BUILDING SECTION 1/4" = 1'-0" JDS AT 16" O.C. SIGH DENSITY ATT INSULATION 2" GYPSUM BD. IDE. PROVIDE '.B. AT WARM SIDE. _ANDMARK ASPHALT SHINGLES OVER 15# ROOFING =ELTS. PROVIDE ICE & WATER SHIELD AT EAVES AND VALLEYS (TYPICAL PER CODE) 'RE -FIN. METAL FASCIA AND VENTED SOFFIT (TYPICAL) DVER SOLID 2X6 BEVELED =ASCIA. _.P. SIDING & TRIM OVER 1 1/2" ZIP SHEATHING WITH AIR BARRIER. v1ARVIN "INTEGRITY" WINDOW JNITS - SEE WDW. SCHEDULE. v1ANUFACTURED MAS. STONE SILL W/ PRE -FIN. METAL =LASHING v1ANUFACTURED STONE OVER ;2) LAYERS 15# BLD. PAPER, KITH LATH AND MORTAR SCRATCH COAT. GROUT JTS. ,TYPICAL) AND STRIKE FOR -INISHED APPEARANCE RADE 2" (R-10) RIGID PERIMETER NSUL. (TYPICAL) B" CMU FOUNDATION SEE STRUCTURAL REINFORCED CONC. FOOTING SEE STRUCTURAL HEAD DETAIL 1 1/2" = 1'-0" CONFIRM MATERIAI OWNER JAMB DETAIL 3/4" = 1'-0" SILL DETAIL 3/4" = 1'-0" 2X4 STUD FRAMING I.. 0:. '.I 0. . AT PLY—WD. FACED � 3w n >Z 10 COLUMNS I� ~-J U v ol N a V) U E ° EXTEND 1 1/2" ZIP SHEATHING TO ENTRY c FRAME. r x bf) G N I� C, R- BLOWN o L Q C ----- V IN U ATION W/ :3 Q) o 0 'Q, U SUL TOPS Y i Q AT EAV w cc i w w :2 C' I - O z lnoc 4'X5'-4" I I Q 0 STOOP --4------ Z) N I 5/8" GYPSUM BOARD OVER F- --------- -- 4 MIL POLY V.B. (TYPICAL) 1/2" GYPSUM BOARD OVER 4 MIL POLY V.B. TYPICAL AT EXTERIOR WALLS — i i i i ENTRY FRAMING DETAIL A5 1/2" = 1'-0" TRUSS BEARING 1 1/2" = 1'-0" ASPHALT SHINGLES OVER 15# BUILDING FELTS (OR EQUAL). PROVIDE ICE & WATER SHIELD PER CODE REQUIREMENTS AT EAVES AND VALLEYS (TYPICAL) PREFINISHED METAL FASCIA AND VENTED SOFFIT (TYPICAL) OVER SOLID 2X6 BEVELED FASCIA PRE -FINISHED L.P. SIDING AND TRIM - SEE EXT. ELEVATIONS. PROVIDE PRE -FINISHED METAL FLASHING AT ALL HORIZONTAL TRIM LOCATIONS. 1 1/2" "ZIP" SHEATHING - PROVIDE TAPE AT ALL JOINTS AND WRAP OPENINGS PER MANUFACTURER'S RECOMMENDATIONS ASPHALT SHINGLES OVER 15# BUILDING FELTS (OR EQUAL). PROVIDE ICE & WATER SHIELD PER CODE REQUIREMENTS AT EAVES AND VALLEYS (TYPICAL) fOVERHANG PROVIDE INSULATION STOP (TYPICAL) --- AT EAVES. I F-:� _ I PREFINISHED METAL FASCIA AND VENTED Q I SOFFIT (TYPICAL) OVER w SOLID 2X6 BEVELED FASCIA w I TRUSS_ BRG. 110'-1-1/8"- 5/8" 10''=1_1/8"_5/8" GYPSUM BOARD OVER 4 MIL POLY V.B. (TYPICAL) PRE -FINISHED L.P. SIDING AND HEADER - SEE STRUCTURAL -- TRIM - SEE EXT. ELEVATIONS. W/ 1/2" GYPSUM BOARD OVER PROVIDE DEHORIZONTAL RE-HLED MMETAL FLASHING 4 MIL POLY V.B. A PRE-FINISHED L.P. SIDING AND MARVIN "INTEGRITY" WOOD -ULTRA TRIM - SEE EXT. ELEVATIONS. 4 SERIES WINDOWS - SEE WINDOW AS SCHEDULE. PROVIDE PRE -FINISHED METAL FLASHING AT ALL HORIZONTAL TRIM LOCATIONS. NOTE: FOLLOW WINDOW MANUFACTURER'S INSTALLATION INSTRUCTIONS AND WRAP OPENING WITH "ZIP" SHEATHING SYSTEM TAPE (TYPICAL ALL OPENINGS) C5 CAULK W/ BACKER ROD (TYPICAL) 3 AT PERIMETER. A5 VERIFY WINDOW SILL MATERIAL WITH OWNER MARVIN "INTEGRITY" WOOD -ULTRA SERIES WINDOWS - SEE WINDOW SCHEDULE. NOTE: FOLLOW WINDOW MANUFACTURER'S INSTALLATION INSTRUCTIONS AND WRAP OPENING WITH "ZIP" SHEATHING SYSTEM TAPE (TYPICAL ALL OPENINGS) CAULK W/ BACKER ROD (TYPICAL) AT PERIMETER. PRE -FINISHED L.P. SIDING AND TRIM - SEE EXT. ELEVATIONS. MARVIN "INTEGRITY" WOOD -ULTRA SERIES WINDOWS - SEE WINDOW SCHEDULE. CAULK W/ BACKER ROD (TYPICAL) AT PERIMETER. WRAP WDW. OPENING W/ "ZIP" SYSTEM TAPE AS RECOMMENDED BY MANUFACTURER. PRE -FINISHED L.P. SIDING AND TRIM - SEE EXT. ELEVATIONS. MANUFACTURED MAS. STONE SILL W/ PRE -FIN. METAL FLASHING 1 1/2" "ZIP" SHEATHING WITH TAPE (TYPCIAL) MANUFACTURED STONE OVER (2) LAYERS 15# BLD. PAPER, WITH LATH AND MORTAR SCRATCH COAT. 2 A5 VERIFY WINDOW SILL MATERIAL WITH OWNER 1/2" GYPSUM BOARD OVER 4 MIL POLY V.B. (TYPICAL) OVER 2X6 STUDS AT 16" O.C. W/ FULL 6" HIGH DENSITY R-21 BATT INSULATION AND 1 1/2" "ZIP" SHEATHING (R-6) — BASE - SEE FINISH SCHEDULE - 4" REINFORCED CONCRETE SLAB OVER 2" RIGID HIGH DENSITY INSUL. — 6" MIN. CLASS 5 GRANULAR BASE PRE -FINISHED L.P. SIDING AND TRIM - SEE EXT. ELEVATIONS. MANUFACTURED MASONRY STONE SILL "CHISEL FACED" 24"X3"X3" WITH PRE - FIN. METAL FLASHING. MANUFACTURED STONE OVER (2) LAYERS 15# BLDG. PAPER, WITH LATH AND MORTAR SCRATCH COAT. GROUT JOINTS (TYPICAL) AND STRIKE FOR FINISHED APPEARANCE. 2X6 TREATED PLATE ON SILL SEAL W/ 1/2" A.B. (SEE STRUCT.) ll` '•I'III€€€€GRADE - SEE CIVIL 1/2" EXP. JOINT PROVIDE "PROTECTION" BOARD OR MATERIAL PROTECTIVE COATING OVER RIGID INSUL. EXPOSED ABOVE GRADE. BOND BEAM WITH (2) #4'S CONTINUOUS 2" RIGID PERIMETER INSULATION (R-10) (TYPICAL) CMU FOUNDATION WITH REINFORCED CONCRETE FOOTING - SEE STRUCTURAL TYPICAL WALL SECTION 3/4" = 1'-0" I.. 0:. '.I 0. . I TYPICAL WALL SECTION 3/4" = 1'-0" .. T C o w 0� W 0 3w n >Z 10 Q� U v ol N a V) U E ° 800 Q T� II c � r x bf) G N I� C, a� � o L Q C N V :3 Q) o 0 'Q, U x� w - 0 - U) w w .. T C o w LC) a V) U E ° o Q T� 0 c � N O N a� � o L Q C N H :3 Q) o 0 5 0 a� w - 0 - U) A5 w a w w O z U) H 5 Q w = w w 0 w :2 C' J z 0 O Q 0 Z w Z) N w F- w a 0 •• Q w U J Vl Of Z ` o CL U z z U I� w U ccn I I � Z J o Q w wLd z :2 :2 d d OO 0 0 o 0 z ^/ � o w w N 1�1 N O 04 r2 cfl A5 NORTH ELEVATION 1/8" = 1'-0" CONTINUOUS RIDGE VENT H I F\IJGfC F\IVI. JVL^I-v v -^JJ u SOUTH ELEVATION 1/81, = 1'-0" CONTINUOUS RIDGE VENT 1/2" TEXTURED, NO GROVE PLY -WOOD SIDING (PAINT) I I O SIGNAGE BY OWNER ASPHALT SHINGLES OVER 15# BLDG. FELTS, PLY -WD SHEATHING AND MANUFACTURED WOOD TRUSSES AT 24" O.C. O O MANUFACTURED STONE VENEER WAINSCOT W/ CUT STONE SILL WEST ELEVATION lffi- •11111 CUT STONE SILL - EAST ELEVATION 1/8" = 1'-0" CONT. RIDGE VENT SunnyDayl Therapy I 0 SIDING AND�TRIMv ASv SELECTED BY OWNER 1/2" TEXTURED, NO GROVE PLY -WOOD SIDING (PAINT) CONT. RIDGE VENT V 12 1 112 PRE -FINISHED METAL FASCIA AND GABLE SYSTEM WITH PRE -FINISHED METAL SOFFIT L.P. SMART SIDING AND TRIM AS SELECTED BY OWNER. I I I I I I MANUFACTURED STONE CAP I I I I ANOD. ALUM. ENTRY i i ANDD. ALUM. ENTRY i W PRE -FINISHED METAL DR/FR - SEE SCHEDULE i i DR/FR - SEE SCHEDULE i I / I I I FLASHING �l 1r rL �1 �T --I, MANUFACTURED STONE VENEER ----1-------------------------------- --------------- L ------------------------------ L -------------------------------- --------------- L ------------------------------- J OVER (2) LAYERS 15# BLDG. FELTS AND 1 1/2" ZIP SHEATH. REINFORCED CONCRETE FTG/ FNDN. - SEE STRUCTURAL 1/4" SCALE FRONT ENTRY 1/4" = 1'-0" DOOR/FRAME INSULATED GLASS NOTE: PROVIDE PRE -FINISHED RAIN GUTTERS ALONG EAST AND WEST ELEVATIONS COMPLETE WITH PRE -FINISHED DOWN SPOUTS. CONNECT DOWN SPOUTS TO STORM WATER RISERS (SEE CIVIL PLANS.) CEDAR PANEL FENCE W/ 6X6 CEDAR POSTS AND 2X4 CEDAR PERIM. PROVIDE 42" WIDE GATE WITH LATCH - CONFIRM GATE LOCATION - SEE SITE PLAN. ASPHALT SHINGLES OVER 15# BLDG. FELTS, PLY -WD SHEATHING AND MANUFACTURED WOOD TRUSSES AT 24" O.C. PRE -FINISHED METAL FASCIA AND VENTED SOFFIT SYSTEM BUILDING ASSEMBLY: ROOF ASSEMBLY: - ASPHALT SHINGLES - ICE/WATER MEMBRANE AT EAVES & VALEYS - BUILDING FELTS - ROOF SHEATHING - SEE STRUCTURAL - MANUFACTURED WOOD TRUSSES - SEE STRUCTURAL - INSULATION CHUTES AT EAVES - R-49 BLOWN INSULATION - 4 MIL POLY VAPOR BARRIER 5/8" GYPSUM BOARD EAVE ASSEMBLY: - 6" PRE -FINISHED METAL FASCIA - 2X8 BEVELED SUB -FASCIA - PRE-FINIHSED METAL VENTED SOFFIT PANELS - 8" FRIEZE BOARD WALL ASSEMBLY: - MANUFACTURED STONE VENEER (WAINSCOT) - CUT STONE SILL W/ PRE-FIIN METAL FLASHING - R-6 ZIP SHEATHING W/ AIR BARRIER - 2X6 STUDS AT 16" O.C. - R-21 HIGH DENSITY BATT INSULATION - 4 MIL POLY VAPOR BARRIER - 1/2" GYPSUM BOARD FLOOR ASSEMBLY: - INTERIOR FINISH - REINFORCED POURED CONCRETE - SEE STRUCTURAL - 6 MIL POLY VAPOR RETARDER & 2" RIGID INSUL. - 6" MINIMUM COMPACTED CLASS #5 FILL FOUNDATION ASSEMBLY: - BLOCK OR POURED CONCRETE FOUNDATION - SEE STRUCT. - REINFORCED CONCRETE FOOTING - SEE STRUCTURAL - 2" RIGID R-10 INSULATION TO 24" MIN. DEPTH 0 �Qo W00) 0 Li 3co W0 0 ODc QZ cn Uv Z p z CO" O aw a E Q >1 � II Ln cl CO 0 a - x= w O j It cn 2 z� .(n C3 i Q C O N v� r D 0 O w O O O N O-� i N U cn L (D C� xd — O (n ■El w - Li cn CO O O a E Q >1 Ln cl a - w O j N cn 2 z: Z .(n C3 i Q C O N U Q -O r D 0 O w O O O N O-� i N U cn L (D C� w — O (n Li cn a a - w z: Z cn w Q = w w w Z O Q O J Q U Z w CO W a- Q of Q w U J lr�/\1J O wZZ O --Ji U li �1 w U C/) I � Z J Z Z O O w a- O W 0 O O o Z > > t= o w w U U o 0 N 1�1 N O N r\i 1X6 CEDAR WOOD FENCE CLADING AT 6" O.C. - 2X4 CEDAR WOOD HORZ. RAILS (THREE THUS) 6" C PIPE BOLLARDS W/ STEEL SLEEVE OVER 6" GATE POST (PAINT) PROVIDE (3) HEAVY DUTY HINGES PER GATE LEAF. 4X4 CEDAR FENCE POSTS 10' LONG (4' EMBEDDED) 6" REINFORCED CONC. SLAB W/ 12" THICKENED EDGE. ----\ I I I I o o I I I I II I I I I I I I I I I I I I I I I i V6" CLASS 5 GRANULAR it II I I I BASE (TYPICAL) I (2) #4 BARS WELDED it l I I I I TO PIPE AT 12" O.C. I I I I I II j L -J i 24" d CONCRET I L- _j I FOOTING ---------J �--J (2) #5 AT PERIM. 4 GATE POST DETAIL 5 GATE POST DETAIL A7 1/2" = 1'-0" A7 1/2„ = 1'-0" 2X6 CEDAR TOP PLATE 2X4 CEDAR AT PANEL PERIMETER 1X6 CEDAR BOARDS CO SET AT ANGLE (SEE EXT. ELEV.) 2X4 CEDAR AT PANEL PERIMETER I I I I I I I I I I I I I I RA D�IIIIIII E PRO E FENCE AT OF OUTDOOR PLAY mw H PERIM. AREA PROVIDE GATE W/ LATCH AS SHOWN ON EXTERIOR BUILDING ELEVATIONS. 6 FENCE SECTION A1/2" = 1'-0" I I '"'r-90LLARD 0/2" BOTTOM 4) 1/2" LTS 'DS W/ CONC. (TYPICAL) V lr I II L UVLLI'll\V 42" HT. (FILL W/ CONC.) PLAN — TRASH ENCLOSURE 1/2" = 1'-0" ni II IIIII�IIIIIIIIIIII SIS I� IIIIIIII IIIIIII �IIII \\ wc��� IIiIIIIIIIIIIII "„ 8'-'III'IIIIIIIII 10 ” 4'-5-4�2'-0 5 ------------------ — 4" —'� �—� —'--�\--\—---2—�02-- -- --=ma—c—\�O--�— II 1 0 00 oo - - - - - - - \\ r — - - - - - - - ---------------------------------_— --- F —TZ— Lr W/°MECH. 23 CONFERENCERIDGEz CHART -G-__________________ ------- -- IIIIIIII =I IIIIIIIII I�IIIIjIIIIlIIIII IiIIII /IItIII �-- 1 IIIII�IIIIIIIIIIIIIrIIII ---- ---___------ 2 �i 4B HALL 203 L_LF 4'- 0 II I II� II�II II IIII - r — 12" 201 202 ----------------�-- \ ---------- - 4'-5 15'-4" 00 Ld Lo rill %___________________ _______ -1 N— T 0QN OTE: SEE WALL TYPES SHEET A3 I 0 . SOUTH MEZZANINE PLAN /4" = 1'-0" cIIIIiIIIIIIIII -_ -_ -_ _ -_- -_ -_ IIIIiIIIiII \ 1X6 CEDAR WOOD FENCE CLADING AT 6" O.C. 2X4 CEDAR WOOD HORZ.3/$» RAILS (THREE THUS)CROWN 4X4 CEDAR FENCE POSTS 10' LONG (4' EMBEDDED) -12'THICKEED EDGE 04 PERIMETER. - - - - --_ - - - - --- - - - - - - II \ GRADE IIIGI I II I _VJIDIIIIIII L -/ -- - --_- --_- ---_- --_--- - - --_- - --_- -0- - --_- -- - -- L 6" PIPE BOLLARD FILLED W/CONC. & EMBED IN CONCRETE BASE. (PAINT PIPE BOLLARD) LIIIlliIIII L L -------J II�iiIj- III�iiI�I ELEVATION — TRASH ENCLOSURE N _Q„ ZN GATE LATCH -Ju= 1 ------------------------------- --------------------------------- I v j v I II I I 3w� n >Z a Qi U v o N � 2: 11z o � c � r +•oma bO N Q � a� N L L Q C N V I U x� � I II I II� II�II II IIII - r — 12" 201 202 ----------------�-- \ ---------- - 4'-5 15'-4" 00 Ld Lo rill %___________________ _______ -1 N— T 0QN OTE: SEE WALL TYPES SHEET A3 I 0 . SOUTH MEZZANINE PLAN /4" = 1'-0" cIIIIiIIIIIIIII -_ -_ -_ _ -_- -_ -_ IIIIiIIIiII \ 1X6 CEDAR WOOD FENCE CLADING AT 6" O.C. 2X4 CEDAR WOOD HORZ.3/$» RAILS (THREE THUS)CROWN 4X4 CEDAR FENCE POSTS 10' LONG (4' EMBEDDED) -12'THICKEED EDGE 04 PERIMETER. - - - - --_ - - - - --- - - - - - - II \ GRADE IIIGI I II I _VJIDIIIIIII L -/ -- - --_- --_- ---_- --_--- - - --_- - --_- -0- - --_- -- - -- L 6" PIPE BOLLARD FILLED W/CONC. & EMBED IN CONCRETE BASE. (PAINT PIPE BOLLARD) LIIIlliIIII L L -------J II�iiIj- III�iiI�I ELEVATION — TRASH ENCLOSURE N _Q„ ZN GATE LATCH -Ju= 1 ------------------------------- --------------------------------- I 3w� n >Z a Qi U v o N � 2: 11z o � c � r +•oma bO N Q � a� N L L Q C N V I U x� � I I , I V I I i I I I I I I I I I EMBEDD 4X4 CEDAR POSTS IN CONCRETE FOOTING I I I I I I I I I I I I I I I I I I I I I I I I I L -J I I I I GATE — TRASH ENCLOSURE 1X6 CEDAR WD. FENCE CLADING AT 6" O.C. 6" � PIPE BOLLARDS W/ STEEL SLEEVE OVER 6" GATE POST (PAINT) PROVIDE (3) HEAVY DUTY HINGES PER GATE LEAF. I,OR"T CA BOLLARDS AT GATE AND GUARD POSTS TO BE SCHEDULE 40 STEEL PIPE CONCRETE FILLED. .. T c E o � L( CN .c -o0 ,\ Q�03 V)OE° o co°o z o E 41 0 I 3w� n >Z a Qi U v o N � 2: 11z o � c � r +•oma bO N Q � a� N L L Q C N V 'Q, U x� � O H �a z �U~ O � O �OW Acv O O V1cl- w U1 a O z w a w = LLI :2 Ckf J Z 0 O Q 0 Z � O N w FCL 0 -H w Q � w Vl CEU J Z a ` o � p z U I� w LLJ I I _U Z I� Z J 1r' p Q w w � Z O w O d d p � 0 0 ^/ F- z o w w 1�1 N N O d A7 +' Q T� O o � c � +•oma � N a� N L L Q C N o +z a� +s � O H �a z �U~ O � O �OW Acv O O V1cl- w U1 a O z w a w = LLI :2 Ckf J Z 0 O Q 0 Z � O N w FCL 0 -H w Q � w Vl CEU J Z a ` o � p z U I� w LLJ I I _U Z I� Z J 1r' p Q w w � Z O w O d d p � 0 0 ^/ F- z o w w 1�1 N N O d A7 W �z I z N N W 46'-8" I/ 02H. I I I I I I I N�---- �— ------------------------------------------------------U_------ 1— -----�I I Y I I II I ' I V I I I � II I III I I I� I I � NORTH MEZZANINE PLAN 1/4" = 1'-0" I I I 4'-5,> W�� 0 71 1 4'-5„ �a)>,+' N 3w n >Z a 8'-10" Qi U v I Z U) 0 E Z CO o0 Acv I WI 2 II O O Cl of r b c O U 6 N �I I Q � a� w U) -i I I I I I I I i I I I I I I I i I I I I I I I I II I — — — — -- — — I I J_ I I I I I I I it I II I I II I W z z a N N W .. T W�� 0 O Z �a)>,+' N 3w n >Z a �o Qi U v o N Z U) 0 E Z CO o0 Acv 2 II O O Cl /1 r b c O U 6 N Q � a� w U) V o :3 N O V 0 'Q, U x� L L Ell _ O-0afU) w .. T C E O Z �a)>,+' N �U~ �o 7 �0 �x a U) 0 E o Acv + O O O Cl /1 O U 6 N T !E O N a� z U) o :3 N O V 0 c) Q N � L L w _ O-0afU) O Z �a z �U~ �o �0 �x a how Acv O O Cl /1 W a Cl W O z U) o c) Q w = w :2 C' J Z 0 O Q Z L� Z N W H W W O •• Q W ,^ U J V1 CE z a ` o � p z W LLJ I _U O D Z J 0 Q W W O d d O W O O p N � Z w O W W N 1�1 N O r� CO a i � 1 �P 1 1 1 ' 1 �z , P 1 �� / r F7249 WAT �— WAT ; WAT— WAT AT WAT SAC B CS PPROX sAN — i _� 0�5��1 1 wqr s� sAN sroSAN sro `�- RE=954.40 1 W �97FT w, �y i NRE=955.77 L qr sro sro sro sro sro 3 IE 8" ?O C=945.20 ; 9 ` SAN — sAN-�TES�CQp�C/PVC-944.67 �T//pUB�7cSTR �� sro Sro i SAGO �0 1 —SAN o srq o ` 0 * RE=955.57 " \ 0— Sro 1 IE 15" CONC=949 97 - �0 7178 x 0.21 F x\x 2 CL 00 N N O N L0 0 0 0 CL 0 i 954.71 stb , % 11 q�w 0.00 i ` sro sro s'e \ c� ' qr 1 b � 1 4j5' S qN \� 3 950.26 h R� ` b i x� wqr 954.59 , RE=955.13 GAS GAS�� `� _ • , 1 IE 15" CONC=951.13. o GAS GAS GAS 954 70�CGA5� G ��y ' ^ 954.84• •' 1 0 ��'� y x� 9•r� \ wqr �p ALLS ON MNFSA FALLS ON CONC 0 1 sqN \ wqr i x�h�. / 955.19X 5���h' 955.41 c4 C♦ye`s, = 5 s 0 AS r< jo \ q/y f hT X� a ��.� nCy�2���o8 ���. _(1 1 � IRON PIPE CAP NO. 47481 -� a �s 4 F yp I C'elich/Gym �4V qy � ♦ SqN \ ♦ �'� ♦�- RE=95756 o sqN IE=942.56 ♦Ohl. )A x ♦ �qT ♦ Sq� ♦ �3 ♦ °�� RE=95766 s 03 ♦ \ IE 18xCONC=948.26 (PER PLAN) \�� sro \2001 sro Og1 Sro IRON PIPE r \\ x I �Oo�� NO CAP -%� 95 \\\ �- RE=95703 \\ IE 18" CONC=949.23 s 957 / .20,1 •�„ \ / Y ••• JS�•l •• �• ' • •••• • \\ / • \ h1 x .(...$�1.a •roe } }, X. LOT 1 Ohl' x J 6V' ` '• h0 a. co x / y `�• •f ' ` •` x x / " Ch. ; {E 1 �4" CbNC�=•95,2.9.4' 958 � `' y, '• •Y ,•ems x �,' Q `X" 9575 .a ^ I � � � � / ,. ,X .• :. ••, •,��•� ' `:.. IT,�� � � � L '1tie •r . M ,4 $ R� rah\ , a' ,.e : � • • •• . ••'.... . ` , • • l ••e • d' 005 1 IRON PIPE CAP NO. ILLEGIBLE -�• \ \ '• 4 co 0 NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM A BOUNDARY AND TOPOGRAPHIC SURVEY PROVIDED BY WESTWOOD, DATED MAY 15, 2022.CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS AND NOTIFY THE ENGINEER OF ANY DISCREPANCIES. LOUCKS CANNOT GUARANTEE THE ACCURACY OF THE EXISTING INFORMATION SHOWN. SURVEY LEGEND 0 FOUND MONUMENT (SEE LABEL) \4 SANITARY MANHOLE ST STORM MANHOLE ® CATCH BASIN Review Date HYDRANT g GATE VALVE WATERMAIN LIGHT POLE © HAND HOLE/JUNCTION BOX Fo FIBER OPTIC PEDESTAL 1 � IRON PIPE CAP NO. 47481 -� a �s 4 F yp I C'elich/Gym �4V qy � ♦ SqN \ ♦ �'� ♦�- RE=95756 o sqN IE=942.56 ♦Ohl. )A x ♦ �qT ♦ Sq� ♦ �3 ♦ °�� RE=95766 s 03 ♦ \ IE 18xCONC=948.26 (PER PLAN) \�� sro \2001 sro Og1 Sro IRON PIPE r \\ x I �Oo�� NO CAP -%� 95 \\\ �- RE=95703 \\ IE 18" CONC=949.23 s 957 / .20,1 •�„ \ / Y ••• JS�•l •• �• ' • •••• • \\ / • \ h1 x .(...$�1.a •roe } }, X. LOT 1 Ohl' x J 6V' ` '• h0 a. co x / y `�• •f ' ` •` x x / " Ch. ; {E 1 �4" CbNC�=•95,2.9.4' 958 � `' y, '• •Y ,•ems x �,' Q `X" 9575 .a ^ I � � � � / ,. ,X .• :. ••, •,��•� ' `:.. IT,�� � � � L '1tie •r . M ,4 $ R� rah\ , a' ,.e : � • • •• . ••'.... . ` , • • l ••e • d' 005 1 IRON PIPE CAP NO. ILLEGIBLE -�• \ \ '• 4 co 0 NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM A BOUNDARY AND TOPOGRAPHIC SURVEY PROVIDED BY WESTWOOD, DATED MAY 15, 2022.CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS AND NOTIFY THE ENGINEER OF ANY DISCREPANCIES. LOUCKS CANNOT GUARANTEE THE ACCURACY OF THE EXISTING INFORMATION SHOWN. SURVEY LEGEND 0 FOUND MONUMENT (SEE LABEL) 0 SANITARY MANHOLE ST STORM MANHOLE ® CATCH BASIN Review Date HYDRANT g GATE VALVE WATERMAIN LIGHT POLE © HAND HOLE/JUNCTION BOX Fo FIBER OPTIC PEDESTAL -N- / 0 20 40 / / SCALE IN FEET / -,a-- SIGN Project Lead POWER UNDERGROUND PUG KVK/NLH SANITARY SEWER —SAN Review Date STORM SEWER sTo CIVIL DETAILS WATERMAIN —WAT— L3-1 FENCE LINE x CURB & GUTTER CONCRETE SURFACE BITUMINOUS SURFACE CALL BEFORE YOU DIG! % Gopher State One Call TWIN CITY AREA: 651-454-0002 tin TOLL FREE: 1-800-252-1166 THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Arch It tder the laws of the State of Minnesota. UK NON Licens o. 5-T 53757 Date CO 06/13/2022 Loucks Project No. 22328 Project Lead MJS Drawn By KVK/NLH Checked By KVK Review Date 06/13/2022 EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS � sro ------ sro ------ sro sro ------- sro ------- sro N N O N L0 O O Z 0 IL IRON PIPE CAP NO. 47481 - a 1 NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS y� FROM A BOUNDARY AND TOPOGRAPHIC SURVEY ► PROVIDED BY WESTWOOD DATED MAY 15 ► 2022.CONTRACTOR SHALL FIELD VERIFY EXISTING y� CONDITIONS AND NOTIFY THE ENGINEER OF ANY 4,q DISCREPANCIES. LOUCKS CANNOT GUARANTEE THE 44S WAT WAT WAT WAT AT WA � ACCURACY OF THE EXISTING INFORMATION M 1 SAN -SAN �J- Q qT �, SHOWN. i SAN ' (9/FT 1 MATCH EXISTING SURVEY LEGEND 3 BITUMINOUS PAVEMENT SAN- SAN / �Bz/cFsrR sro sro 1 - SAN o wqT - ► \ srp � sro ► • FOUND MONUMENT (SEE LABEL) —� SIGN y� sro ► 1 i sro sro sro �'SIA, \ wqT SANITARY MANHOLE PUG POWER UNDERGROUND SIN �qr / ` 5T STORM MANHOLE SAN SANITARY SEWER ► \ \ / i - • o s N �qr ® CATCH BASIN sro STORM SEWER ° ► z s' \ i HYDRANT WAT WATERMAIN •• Sqn, / wqT / cya _ \ j ` g GATE VALVE x FENCE LINE � ---- 46.9, �� so O8'• S%�qr i vti -- LIGHT POLE CURB &GUTTER o sq/V © HAND HOLE/JUNCTION BOX CONCRETE SURFACE 1 2'R , \ 2J SIA, Fo FIBER OPTIC PEDESTAL BITUMINOUS SURFACE /0 HEAVY DUTY / BITUMINOUS ��� ; / LEGEND IN/ PAVEMENT Io SO / \ �P�\ / s9ti PROPOSED CATCH BASIN WATERMAIN / IN. If STORM MANHOLE —/—/— SANITARY SEWER SERVICE / 6' WIDE CONCRETE \ P / FLARED END SECTION — WATER SERVICE / SIDEWALK. INSTALL PER / `Gqr MNDOT SPECIFICAIONS � \ �ti / SANITARY MANHOLE ELE UNDERGROUND ELECTRIC yQ / \\pec s9ti HYDRANT FO UNDERGROUND FIBER OPTIC / O \\o �qr GATE VALVE —GAS UNDERGROUND GAS / 15'R `1/ ®�� y�\ POST INDICATOR VALVE TEL UNDERGROUND TELEPHONE sro 'o sgti ® WATER MANHOLE/ WELL 0H OVERHEAD UTILITY yQ R IRON PIPE \ S.� \ LIGHT POLE —x— FENCE °a NO CAP- POWER POLE —�� CHAIN LINK FENCE LIGHT DUTY �/� -� \ BITUMINOUS PAVEMENT ``�4p- \ sTo O ELECTRIC METER CONCRETE CURB GAS METER RETAINING WALL ° 10 TELEPHONE PEDESTAL CONCRETE 0)* SIGN ° / .' sT SIGN NO PARKING 6 0, _ / n BENCHMARK BUILDING --------- FLAT CURB / v \ SOIL BORING g CONTOUR a � � }Y / TYP-SEE ETAIL / ' �` • O PARKING STALL COUNT X972.5 SPOT ELEVATION Q �``�; ° 3/C8-1 / . • \� ACCESSIBLE PARKING STALL / � •, • � `� DIRECTION OF FLOW y l�� P I-) / / STORM SEWER TREE LINE �, ��p / ° ADA SIGN ` s » DT— SBL � TYP. -SEE DETAIL 9-C8-1 / :' . DRAINTILE PARKING SETBACK LINE / / ' ` \ 6 - SANITARY SEWER SBL BUILDING SETBACK LINE ° a� o� B612 CURB & U / FORCEMAIN } vM TYP -SEE DET L 2/C8-1 At * M FFE=959.5 -� ° ° / `• , co v;* o r . R FLAT CURB ��P� /ry,: •, `' TYP-SEE DETAIL 3/C8-1 3'R �L� / 6 a �3, \p� o4k60 , 4 Is i / , �\ 5'R FLAT CURB a \ TYP-SEE DETAIL / :: , , , •r ' 3/C8 1 \ \ r 1 f 1 / •`• `• " ... 40�' r' d % Gil. OSS• ' .. d / t .. 4 ► `• IRON PIPE CAP NO. ILLEGIBLE -\ PROPERTY AREA: DISTURBED AREA: 1.54 AC EXISTING IMPERVIOUS AREA: 0 AC PROPOSED IMPERVIOUS AREA: 0.65 AC TOTAL IMPERVIOUS AREA: 0.65 AC 1. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE DETAIL SHEET(S) AND STATE/LOCAL JURISDICTION REQUIREMENTS. 2. ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS AND LOCAL/STATE REQUIREMENTS. 3. ALL CURB DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 4. ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF WALL UNLESS OTHERWISE NOTED. 5. TYPICAL FULL SIZED PARKING STALL IS 9'X 20' UNLESS OTHERWISE NOTED. 6. ALL CURB RADII SHALL BE 5.0' UNLESS OTHERWISE NOTED. 7. BITUMINOUS IMPREGNATED FIBER BOARD TO BE PLACED AT FULL DEPTH OF CONCRETE ADJACENT TO EXISTING STRUCTURES AND BEHIND CURB ADJACENT TO DRIVEWAYS AND SIDEWALKS. .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Archit�ct�agder the laws of the State of Minnesota. UK NUS 0N R6nC�� LicensCO53757 Date CO 06/13/2022 � I 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SITE SIGNAGE AND STRIPING AS SHOWN ON Project Lead 1 � � I Checked By \VI 2. CONTRACTOR SHALL PAINT ALL ACCESSIBLE STALLS, LOGOS AND CROSS HATCH LOADING IRON PIPE CAP NO. 47481 - a 1 NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS y� FROM A BOUNDARY AND TOPOGRAPHIC SURVEY ► PROVIDED BY WESTWOOD DATED MAY 15 ► 2022.CONTRACTOR SHALL FIELD VERIFY EXISTING y� CONDITIONS AND NOTIFY THE ENGINEER OF ANY 4,q DISCREPANCIES. LOUCKS CANNOT GUARANTEE THE 44S WAT WAT WAT WAT AT WA � ACCURACY OF THE EXISTING INFORMATION M 1 SAN -SAN �J- Q qT �, SHOWN. i SAN ' (9/FT 1 MATCH EXISTING SURVEY LEGEND 3 BITUMINOUS PAVEMENT SAN- SAN / �Bz/cFsrR sro sro 1 - SAN o wqT - ► \ srp � sro ► • FOUND MONUMENT (SEE LABEL) —� SIGN y� sro ► 1 i sro sro sro �'SIA, \ wqT SANITARY MANHOLE PUG POWER UNDERGROUND SIN �qr / ` 5T STORM MANHOLE SAN SANITARY SEWER ► \ \ / i - • o s N �qr ® CATCH BASIN sro STORM SEWER ° ► z s' \ i HYDRANT WAT WATERMAIN •• Sqn, / wqT / cya _ \ j ` g GATE VALVE x FENCE LINE � ---- 46.9, �� so O8'• S%�qr i vti -- LIGHT POLE CURB &GUTTER o sq/V © HAND HOLE/JUNCTION BOX CONCRETE SURFACE 1 2'R , \ 2J SIA, Fo FIBER OPTIC PEDESTAL BITUMINOUS SURFACE /0 HEAVY DUTY / BITUMINOUS ��� ; / LEGEND IN/ PAVEMENT Io SO / \ �P�\ / s9ti PROPOSED CATCH BASIN WATERMAIN / IN. If STORM MANHOLE —/—/— SANITARY SEWER SERVICE / 6' WIDE CONCRETE \ P / FLARED END SECTION — WATER SERVICE / SIDEWALK. INSTALL PER / `Gqr MNDOT SPECIFICAIONS � \ �ti / SANITARY MANHOLE ELE UNDERGROUND ELECTRIC yQ / \\pec s9ti HYDRANT FO UNDERGROUND FIBER OPTIC / O \\o �qr GATE VALVE —GAS UNDERGROUND GAS / 15'R `1/ ®�� y�\ POST INDICATOR VALVE TEL UNDERGROUND TELEPHONE sro 'o sgti ® WATER MANHOLE/ WELL 0H OVERHEAD UTILITY yQ R IRON PIPE \ S.� \ LIGHT POLE —x— FENCE °a NO CAP- POWER POLE —�� CHAIN LINK FENCE LIGHT DUTY �/� -� \ BITUMINOUS PAVEMENT ``�4p- \ sTo O ELECTRIC METER CONCRETE CURB GAS METER RETAINING WALL ° 10 TELEPHONE PEDESTAL CONCRETE 0)* SIGN ° / .' sT SIGN NO PARKING 6 0, _ / n BENCHMARK BUILDING --------- FLAT CURB / v \ SOIL BORING g CONTOUR a � � }Y / TYP-SEE ETAIL / ' �` • O PARKING STALL COUNT X972.5 SPOT ELEVATION Q �``�; ° 3/C8-1 / . • \� ACCESSIBLE PARKING STALL / � •, • � `� DIRECTION OF FLOW y l�� P I-) / / STORM SEWER TREE LINE �, ��p / ° ADA SIGN ` s » DT— SBL � TYP. -SEE DETAIL 9-C8-1 / :' . DRAINTILE PARKING SETBACK LINE / / ' ` \ 6 - SANITARY SEWER SBL BUILDING SETBACK LINE ° a� o� B612 CURB & U / FORCEMAIN } vM TYP -SEE DET L 2/C8-1 At * M FFE=959.5 -� ° ° / `• , co v;* o r . R FLAT CURB ��P� /ry,: •, `' TYP-SEE DETAIL 3/C8-1 3'R �L� / 6 a �3, \p� o4k60 , 4 Is i / , �\ 5'R FLAT CURB a \ TYP-SEE DETAIL / :: , , , •r ' 3/C8 1 \ \ r 1 f 1 / •`• `• " ... 40�' r' d % Gil. OSS• ' .. d / t .. 4 ► `• IRON PIPE CAP NO. ILLEGIBLE -\ PROPERTY AREA: DISTURBED AREA: 1.54 AC EXISTING IMPERVIOUS AREA: 0 AC PROPOSED IMPERVIOUS AREA: 0.65 AC TOTAL IMPERVIOUS AREA: 0.65 AC 1. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE DETAIL SHEET(S) AND STATE/LOCAL JURISDICTION REQUIREMENTS. 2. ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS AND LOCAL/STATE REQUIREMENTS. 3. ALL CURB DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 4. ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF WALL UNLESS OTHERWISE NOTED. 5. TYPICAL FULL SIZED PARKING STALL IS 9'X 20' UNLESS OTHERWISE NOTED. 6. ALL CURB RADII SHALL BE 5.0' UNLESS OTHERWISE NOTED. 7. BITUMINOUS IMPREGNATED FIBER BOARD TO BE PLACED AT FULL DEPTH OF CONCRETE ADJACENT TO EXISTING STRUCTURES AND BEHIND CURB ADJACENT TO DRIVEWAYS AND SIDEWALKS. .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Archit�ct�agder the laws of the State of Minnesota. UK NUS 0N R6nC�� LicensCO53757 Date CO 06/13/2022 7. ALL SIGNS TO BE PLACED 12" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. PAVEMENT TYPES / / -N- 0 20 40 SCALE IN FEET Loucks Project No. 22328 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SITE SIGNAGE AND STRIPING AS SHOWN ON Project Lead MJS THIS PLAN. Drawn By KVK/NLH Checked By KVKReview 2. CONTRACTOR SHALL PAINT ALL ACCESSIBLE STALLS, LOGOS AND CROSS HATCH LOADING Date 06/13/2022 AISLES WITH WHITE PAVEMENT MARKING PAINT, 4" IN WIDTH. INDEXSHEET 3. CONTRACTOR SHALL PAINT ANY/ALL DIRECTIONAL TRAFFIC ARROWS, AS SHOWN, IN WHITE PAINT. EXISTING PLAN C1-2 SITE DEMOLITION PLAN 4. ALL SIGNAGE SHALL INCLUDE POST, CONCRETE FOOTING AND STEEL CASING WHERE C2-1 SITE PLAN REQUIRED. C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES 5. ALL SIGNAGE NOT PROTECTED BY CURB, LOCATED IN PARKING LOT OR OTHER PAVED C4-1 UTILITY PLAN AREAS TO BE PLACED IN STEEL CASING, FILLED WITH CONCRETE AND PAINTED YELLOW. C8-1 CIVIL DETAILS REFER TO DETAIL. 1-2--1 LANDSCAPE PLAN 1-3-1 LANDSCAPE DETAILS 6. ANY/ALL STOP SIGNS TO INCLUDE A 24" WIDE PAINTED STOP BAR IN WHITE PAINT, PLACED AT THE STOP SIGN LOCATION, A MINIMUM OF 4' FROM CROSSWALK IF APPLICABLE. ALL STOP BARS SHALL EXTEND FROM DIRECTIONAL TRANSITION BETWEEN LANES TO CURB. 7. ALL SIGNS TO BE PLACED 12" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. PAVEMENT TYPES / / -N- 0 20 40 SCALE IN FEET 1 1 1 1 1 1 / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 = 1 1 1 1 kVa r\ WAT WAT WAT WAT /AT WAT 1 SAN - \ SAN 1 h� sro \`- RE=954.40 �- SAN N RE=955.77 sro war r9/FT �/ �y sro sro ------ Z IE 8" COC=945.20 9s SAN sAN IE 8" CONC/PVC=944.67 -�� sro sro sro °��� (01)0 SAN -SAN 0 cS�RFFJ �� sro STI ------ RE=955.57 ! OIb - sro _� x 1 IE 15" CONC=949.97 - \ sro � sro 3 a 95.26 x h A i 0'h SIN far iI 54.59 ` °� 1 RE=955.13 GAS GAS GAS 1 qQ IE 15" CONC=951.13 I GAS GAS GAS - ! ' 954.84 y 1 x s6 far C,'a c � Oh I � Q 955.0 gj sq y 955.19 x O �It -f ► .. Cyea \ = war ♦i x / Ml �h �h ° 955.41 SCJ, yQ 3� \saN \ � / 0 Cy�2?,9 ° �8Cih�O� war C ; s7 x ; � ti0 �� X43 saN I x �h5• 5 99 � ` moo` j Lc2322' ` 4�7 57.56 � saN2.56 17 BENCHMARK: R.3 5%���TOP NUT HYDRANT=958.34 -\\x�`��qr 1 �`'`'� X x \ SO // �OL`O \ \ ` I qti --1 O O o �1 ` ♦ / I R I. 1 • / �• \ I ? 1°� _956 1�- x \ \ \ ��1 RE=957.66 s" Q'0 5� \ \ I IE 18xCONC=948.26 X / �0(0� x APPROXIMATE 0' �5�' / 958 50 L \ \ y \ x \ " J x ( PLAN) \ �� STO sro ti\ �O(01 O 957 .54 OQ C) I R CAP N x� 56�� �0 959 PIPE `IEE785CONC=949.23 sT \ \ o \o X O ' \ \ 957 x v � � x- 95j \<v % \ V �� / ,�ti-------------- 958 959 O0 / �1C3 a �� 957 52 // /` t11 v�� (0o /cox 0°� x x S� �/'�1� x / �\ / 6Q) 959 ` 957.50 x Z3 x� / xC5g ��1958.50 959 50 / 1 �V 4 EX -MH 9.50 x��1. 0i 0 RE = 9E X � (1 i ` O�1''� ^--------- �1 959 • / O (^O x 0�5 x 958 0i O 100 X \ x 9.50 x� / 57 ,52 ` NG X 1.0 � / 1 L RE=958.64 0� /n�,� ° 1(0(0 0�h1 IE=913.44 �0 0,1�i o\° �j 0 5�3� Oj X �h 13� 0�O X �1• 0 5 1 So O 9 50 x°� V/ ' IE 12" °off 9so°i1� `\� ^ 5().50 FFE=959.5 96 x 9 13 � 00(0 x co 957.63 X � f•� X x f o\ x 958 50 o a \x 3 �1�A 5 ~� ().50 ��oP h�tij/ hry IL �� ��1� x 9 95�`� x�/ 0 2 z �X SO 57 $� 95 2 ���1ti °\° Q�o� / x11`' �9 Q x O �` / V. 0 0 1�� 958 � x \ ah / z 1 X . IRON PIPE I I y CAP NO. 47481 4 \ �• �q x-,19575 M \\\ \ \ x N 4 \`^� 1ti 959 \ 95g p0 4 UE �° ��°�y^ I �I 1 x 1.50 4 \ o / _01 \ \ � °ohQP �o \ r I °, U 4 \ I Y ` I / x/ x Q ' \��j•• \\ 1 1 1 / F LCL Doc" o �/� \ / 0�o� 4:p. . Q R 4 RA`gTOF \ \ 95 °\° \ x 958 q \ /0 \ '1'c�oss g5� 0 o N F 4 �N�S 0 0 2gR�g9 O N `FGL��T 1W 4 y ?*\ / / `ti,�ti q y 4IL N \ / 0 4 1 / N IRON PIPE / LO o CAP NO. ILLEGIBLE -'' \ C 4 0 IL • -7T_ C2-1 PUG ST SAN ® STO C4-1 WAT g X L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS Eo .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 1IIII1-]IVAII■V-11WA NWAR1Lei 0V10 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL NRU0Rwoo ION CON EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS J CL 2 CL o` N N 0 N L0 0 0 0 CL i — 1 1 1 ' 1 1 ► 1 ► 1 ► 1 1 1 ► 1 ► 1 1 1 ► 1 = ► 1 1 T 1 WAT WAT ; WAT WAT AT WAT rn 1 wqT sr SAN — ` ► SAN 1 sro sro \` - RE=954.40 �— SAN N RE=955.77 wqT r97FT �� �y sro � sro � 3 Z IE 8" CONC=945.20 9s SAN —sAN IE 8" CONC/PVC=944.67 -�� UB�� �� sro �_ sro sro i ` SAN —SAN o wqr cS�RFFJ sro � STq —sro �_ RE=955.57 " \ ROCK 1 yQ sro ► IE 15" CONC=949.97 -� CONSTRUCTION 1 sro sro �� sro s'� Al wqT Q ENTRANCE TYP ► ` ► 3 SEE DETAIL ► ` SqN\ wqr 1 RE=955.13 ` \ GAsGAs Gas 1 Q IE 15" CONC=951.13 .\ S i GAS GAS GAS — 1 ' 1 1 sG wqT 1 SAiy \ I / h OO \ ' Q a GAS Cy '� 'SO' �� SqN INLET o� \ � ?29S��� ♦ PROTECTION Q SqN \wqr TYP-SEE DETAIL 2321 \ �. ��-RE=95756 a� o ♦ SIN . IE=942.56 BENCHMARK: TOP NUT HYDRANT=958.34 -'� oG �y ♦ 9T 5 ' SO Q' S _955 ♦ RE=95766 s / \ ♦ IE 18" CONC=948.26 � co V / \ / APPROXIMATE S \ \ T ° ��qT \ y \ ( PLAN) \ \� sro sT° syti sro \IRON PIP � �\ NO CAP - RE=95703 " > IE 18CONC=949.23 sT / o 957 / ------ \ INLET ►y PROTECTION / 9s� ry�ti 0�0 'not..TYP-SEE DETAIL 59 6 ®EX -M H RE = 957.04 I o ' \\� . C558 ` r 9 C) (, �'V �.\ N J o oy \\� SqN RE=958.64 -nA� IE=913.44 r- ' �-RE=95704 r ' IE 12" CONC=952.94 SILT FENCE TYP � 959'\� FFE=959.5 � O^ N,1958-1SEE DETAIL ' O' h JIV ���P 'N IV 2 \ SILT FENCE TYP SEE DETAIL O J �C IRON PIPE CAP NO. 47481 -'\` \\\ SF 959-- 4 59 4 9, \ 9 4 Rp�TOF \ \ 9y9 \�N/ONCROss \ \ ....... F4 , Gy/ ti IF��OTyA 1W d �ti y 4 \, IRON PIPE CAP NO. ILLEGIBLE -' \ d\� 4 LEGEND = EXISTING ®® 0 0 —DT— FM I S W ELE FO GAS TEL OH — x x - - o o— WARNING: SWPPP LEGEND — SF— SILT FENCE — — — - BIO ROLLS 0 INLET PROTECTION EXISTING DRAINAGE PATTERN PROPOSED DRAINAGE PATTERN EROSION CONTROL BLANKET CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF / ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY / COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. _ THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT _NS =l651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL IVUNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL / REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. 0 20 40 SCALE IN FEET . LoUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL N 01 RUoRION CON EXISTING PLAN C1-2 PROPOSED CATCH BASIN •■ STORM MANHOLE Q FLARED END SECTION -44 SANITARY MANHOLE O HYDRANT .6 GATE VALVE N POST INDICATOR VALVE @Piv WATER MANHOLE / WELL LIGHT POLE POWER POLE 1� ELECTRIC METER GAS METER TELEPHONE PEDESTAL SIGN BENCHMARK SOIL BORINGe_ PARKING STALL COUNT 2O ACCESSIBLE PARKING STALL STORM SEWER DRAINTILE »DT— SANITARY SEWER 0 FORCEMAIN PM WATERMAI N 1 SANITARY SEWER SERVICE —/—/— WATER SERVICE UNDERGROUND ELECTRIC ELE UNDERGROUND FIBER OPTIC Fo UNDERGROUND GAS GAS UNDERGROUND TELEPHONE TEL OVERHEAD UTILITY off FENCE 9 CHAIN LINK FENCE CONCRETE CURB RETAINING WALL CONCRETE 0 NO PARKING BUILDING CONTOUR SPOT ELEVATION X972.5 DIRECTION OF FLOW —1.0% TREE LINE rrWWW1 PARKING SETBACK LINE SBL BUILDING SETBACK LINE SBL HANDRAIL —o o- SWPPP LEGEND — SF— SILT FENCE — — — - BIO ROLLS 0 INLET PROTECTION EXISTING DRAINAGE PATTERN PROPOSED DRAINAGE PATTERN EROSION CONTROL BLANKET CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF / ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY / COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. _ THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT _NS =l651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL IVUNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL / REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. 0 20 40 SCALE IN FEET . LoUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL N 01 RUoRION CON EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS 2 CL D` N N O N 0 O O CL SITE VICINITY MAP Ago ntlG 975 N Ar ri SWPPP NOTES 1. THE NATURE OF THIS PROJECT WILL CONSIST OF CONSTRUCTING A PROPOSED BUILDING ADDITION, PARKING LOT IMPROVEMENTS, SURFACE PAVEMENTS, AND UTILITIES. 2. THE INTENDED SEQUENCING OF MAJOR CONSTRUCTION ACTIVITIES ARE AS FOLLOWS: 1. INSTALL VEHICLE TRACKING BMP (DATE TBD) 2. INSTALL INLET PROTECTION (DATE TBD) 3. INSTALL SILT FENCE/BIO ROLLS AROUND SITE (DATE TBD) 4. CLEAR AND GRUB SITE (DATE TBD) 5. STRIP AND STOCKPILE TOPSOIL (DATE TBD) 6. ROUGH GRADE SITE (DATE TBD) 7. IMPORT CLEAN FILL FOR REPLACEMENT AND BALANCE (DATE TBD) 8. INSTALL UTILITIES (DATE TBD) 9. INSTALL BUILDING FOUNDATIONS (DATE TBD) 10. INSTALL CURB AND GUTTER (DATE TBD) 11. INSTALL PAVEMENTS AND WALKS (DATE TBD) 12. FINAL GRADE SITE (DATE TBD) 13. REMOVE ACCUMULATED SEDIMENT FROM STORMWATER INFRASTRUCTURE (DATE TBD) 14. SEED AND MULCH (DATE TBD) 15. WHEN ALL CONSTRUCTION ACTIVITY IS COMPLETE AND THE SITE IS STABILIZED, REMOVE SILT FENCE, INLET PROTECTION, AND RESEED ANY AREAS DISTURBED BY THE REMOVAL. 3. SITE DATA: PROPERTY AREA: 1.54 AC PRE -CONSTRUCTION IMPERVIOUS AREA: 0 AC POST -CONSTRUCTION IMPERVIOUS AREA: 0.65 AC GENERAL SOIL TYPE: SEE GEOTECHNICAL REPORT 4. EROSION AND SEDIMENT CONTROLS WERE DESIGNED TO EFFECTIVELY CONTROL STORMWATER RUNOFF WITHIN THE PROJECT AREAS. EROSION AND SEDIMENT CONTROL HAVE BEEN PROPOSED TO MINIMIZE CHANNEL EROSION AND SCOUR IN THE IMMEDIATE VICINITY OF DISCHARGE POINTS. FACTORS THAT WERE CONSIDERED INCLUDE PROPOSED IMPERVIOUS AREAS, SLOPE OF IMPERVIOUS SURFACES, STORMWATER INFRASTRUCTURE DISCHARGE POINTS, AND ANNUAL AVERAGE PRECIPITATION DATA FOR THE PROJECT AREA. 5. COTTONWOOD COUNTY RECEIVES AN AVERAGE OF 15 INCHES OF PRECIPITATION PER YEAR. THE FOLLOWING COTTONWOOD COUNTY 24-HOUR STORM EVENTS ARE BASED ON ATLAS 14 RAINFALL DATA: 2 -YR 2.86 INCHES 10 -YR 4.31 INCHES 100 -YR 7.28 INCHES 6. SEE "EXHIBIT:PROPOSED DRAINAGE AREAS" FOR SITE MAP WITH DRAINAGE AREA BOUNDARIES. 7. THE LOCATION OF AREAS NOT TO BE DISTURBED MUST BE IDENTIFIED WITH FLAGS, STAKES, SIGNS, SILT FENCE, ETC. BEFORE CONSTRUCTION BEGINS. 8. CONTRACTOR SHALL INSTALL RAIN GAUGE ON SITE. 9. NO DEWATERING IS EXPECTED TO OCCUR ON SITE. NO GROUNDWATER EXPECTED TO BE ENCOUNTERED DURING CONSTRUCTION. IF DEWATERING IS REQUIRED, REFER TO CITY REGULATIONS. 10. NO SOIL CONTAMINATION EXPECTED TO BE ENCOUNTERED DURING EXCAVATION. 11. ALL DISTURBED GROUND LEFT INACTIVE FOR SEVEN (14) OR MORE DAYS SHALL BE STABILIZED BY SEEDING OR SODDING (ONLY AVAILABLE PRIOR TO SEPTEMBER 15) OR BY MULCHING OR COVERING OR OTHER EQUIVALENT CONTROL MEASURE. 12. ON SLOPES 3:1 OR GREATER MAINTAIN SHEET FLOW AND MINIMIZE RILLS AND/OR GULLIES, SLOPE LENGTHS CAN NOT BE GREATER THAN 75 FEET. DENOTES SLOPES GREATER THAN 3:1. ALL 3:1 SLOPES TO BE STABILIZED WITH EROSION CONTROL BLANKET 13. ALL STORM DRAINS AND INLETS MUST BE PROTECTED UNTIL ALL SOURCES OF POTENTIAL DISCHARGE ARE STABILIZED. 14. SOIL COMPACTION SHALL BE MINIMIZED DURING CONSTRUCTION. 15. TEMPORARY SOIL STOCKPILES MUST HAVE EFFECTIVE SEDIMENT CONTROL AND CAN NOT BE PLACED IN SURFACE WATERS OR STORM WATER CONVEYANCE SYSTEMS. TEMPORARY STOCKPILES WITHOUT SIGNIFICANT AMOUNT OF SILT, CLAY, OR ORGANIC COMPOUNDS ARE EXEPMT EX: CLEAN AGGREGATE STOCK PILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES. 16. SEDIMENT CONTROL PRACTICES SHALL BE INSTALLED ON ALL DOWNGRADIENT PERIMETERS AND UPGRADIENT OF ANY BUFFER ZONES. 17. SEDIMENT LADEN WATER MUST BE DISCHARGED TO A SEDIMENTATION BASIN WHENEVER POSSIBLE. IF NOT POSSIBLE, IT MUST BE TREATED WITH THE APPROPRIATE BMP'S. 18. SOLID WASTE MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MPCA DISPOSAL REQUIREMENTS. 19. NO VEHICLE WASHING ALLOWED ON SITE. 20. NO ENGINE DEGREASING IS ALLOWED ON SITE. 21. THE OWNER IS RESPONSIBLE FOR COMPLIANCE WITH ALL TERMS AND CONDITIONS OF THE PERMIT. THE OPERATOR IS RESPONSIBLE FOR COMPLIANCE WITH SECTIONS 3, 4, 6-22, 24 AND APPLICABLE REQUIREMENTS FOR CONSTRUCTION ACTIVITY IN SECTION 23. 22. TERMINATION OF COVERAGE -PE RMITTEE(S) WISHING TO TERMINATE COVERAGE MUST SUBMIT A NOTICE OF TERMINATION (NOT) TO THE MPCA. ALL PERMITTEE(S) MUST SUBMIT A NOT WITHIN 30 DAYS AFTER THE FOLLOWING CONDITIONS HAVE BEEN MET: A. PERMIT TERMINATION CONDITIONS, PER NPDES PERMIT SECTION 13.1 HAVE BEEN ACHIEVED ON ALL PORTIONS OF THE SITE FOR WHICH THE PERMITTEE IS RESPONSIBLE. A.A. PERMANENT UNIFORM PERENNIAL VEGETATIVE COVER MUST BE ESTABLISHED AT 70% DENSITY OF ITS EXPECTED FINAL GROWTH. A. B. THE PERMANENT STORMWATER TREATMENT SYSTEM IS CONSTRUCTED, MEETS ALL REQUIREMENTS, AND IS OPERATING AS DESIGNED. A.C. ALL TEMPORARY SYNTHETIC EROSION PREVENTION AND SEDIMENT CONTROL BMPS MUST BE REMOVED. A. D. CLEAN OUT SEDIMENT FROM CONVEYANCE SYSTEMS AND PERMANENT STORMWATER TREATMENT SYSTEMS (RETURN TO DESIGN CAPACITY). 23. INSPECTIONS A. INITIAL INSPECTION FOLLOWING SILT FENCE INSTALLATION BY CITY REPRESENTATIVE IS REQUIRED. B. EXPOSED SOIL AREAS: ONCE EVERY 7 DAYS AND WITHIN 24 HOURS FOLLOWING A 0.511 OVER 24 HOUR RAIN EVENT. C. STABILIZED AREAS: ONCE EVERY 30 DAYS D. FROZEN GROUND: AS SOON AS RUNOFF OCCURS OR PRIOR TO RESUMING CONSTRUCTION. E. INSPECTION AND MAINTENANCE RECORDS MUST BE RETAINED FOR 3 YEARS AFTER FILING OF THE NOTICE OF TERMINATION AND MUST INCLUDE: DATE AND TIME OF ACTION, NAME OF PERSON(S) CONDUCTING WORK, FINDING OF INSPECTIONS AND RECOMMENDATIONS FOR CORRECTIVE ACTION, DATE AND AMOUNT OF RAINFALL EVENTS GREATER THAN 0.5 INCHES IN A 24 HOUR PERIOD. F. OBSERVE ANY DISCHARGE OCCURRING ONSITE AND DOCUMENT CORRECTIVE ACTIONS TAKEN. DISCHARGE SHOULD BE DESCRIBED AND PHOTOGRAPHED. 24. MINIMUM MAINTENANCE A. ALL NONFUNCTIONAL BMPS MUST BE REPAIRED, REPLACED, OR SUPPLEMENTED WITH FUNCTIONAL BMPS BY THE END OF THE NEXT BUSINESS DAY AFTER DISCOVERY OR AS SOON AS FIELD CONDITIONS ALLOW. B. REPAIR, REPLACE, OR SUPPLEMENT ALL PERIMETER CONTROL DEVICES WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES z THE HEIGHT OF THE DEVICE. C. SEDIMENT BASINS DRAINED AND SEDIMENT REMOVED WHEN REACHES 1/2 STORAGE VOLUME. D. SEDIMENT REMOVED FROM SURFACE WATERS WITHIN (7)SEVEN CALENDAR DAYS OF DISCOVERY. E. CONSTRUCTION SITE EXITS INSPECTED, TRACKED SEDIMENT REMOVED WITHIN (1)ONE CALENDAR DAY. F. PROVIDE COPIES OF EROSION INSPECTION RESULTS TO CITY ENGINEER FOR ALL EVENTS GREATER THAN Y2" IN 24 HOURS. 25. THE SWPPP, INCLUDING ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS MUST BE KEPT AT THE SITE DURING CONSTRUCTION ACTIVITY BY THE PERMITTEE(S) WHO HAVE OPERATIONAL CONTROL OF THE SITE. 26. OWNER MUST KEEP RECORDS OF ALL PERMITS REQUIRED FOR THE PROJECT, THE SWPPP, ALL INSPECTIONS AND MAINTENANCE, PERMANENT OPERATION AND MAINTENANCE AGREEMENTS, AND REQUIRED CALCULATIONS FOR TEMPORARY AND PERMANENT STORM WATER MANAGEMENT SYSTEMS. THESE RECORDS MUST BE RETAINED FOR THREE YEARS AFTER FILING NPDES NOTICE OF TERMINATION. 27. SWPPP MUST BE AMENDED WHEN: A. THERE IS A CHANGE IN DESIGN, OPERATION, MAINTENANCE, WEATHER OR SEASONAL CONDITIONS THAT HAS A SIGNIFICANT EFFECT ON DISCHARGE B. INSPECTIONS INDICATE THAT THE SWPPP IS NOT EFFECTIVE AND DISCHARGE IS EXCEEDING WATER QUALITY STANDARDS. C. THE BMP'S IN THE SWPPP ARE NOT CONTROLLING POLLUTANTS IN DISCHARGES OR IS NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THE PERMIT. 28. CONCRETE WASHOUT AREA A. CONCRETE WASH-OUT SITES NOT ALLOWED ON SITE AND MUST BE CONTAINED ON TRUCKS. B. ALL SPILLS SHALL BE CLEANED UP IMMEDIATELY. 29. IN THE EVENT OF ENCOUNTERING A WELL OR SPRING DURING CONSTRUCTION CONTRACTOR TO CEASE CONSTRUCTION ACTIVITY AND NOTIFY ENGINEER. 30. PIPE OULTETS MUST BE PROVIDED WITH TEMPORARY OR PERMANENT ENERGY DISSIPATION WITHIN 24 HOURS AFTER CONNECTION TO A SURFACE WATER. 31. FINAL STABILIZATION FINAL STABILIZATION REQUIRES THAT ALL SOIL DISTURBING ACVTIVITIES HAVE BEEN COMPLETED AND THAT DISTURBED AREAS ARE STABILIZED BY A UNIFORM PERENNIAL VEGETATIVE COVER WITH 70% OF THE EXPECTED FINAL DENSITY, AND THAT ALL PERMANENT PAVEMENTS HAVE BEEN INSTALLED. ALL TEMPORARY BMP'S SHALL BE REMOVED, DITCHES STABILIZED, AND SEDIMENT SHALL BE REMOVED FROM PERMANENT CONVEYANCES AND SEDIMENTATION BASINS IN ORDER TO RETURN THE POND TO DESIGN CAPACITY. 32. RESPONSIBILITIES A. THE OWNER MUST IDENTIFY A PERSON WHO WILL OVERSEE THE SWPPP IMPLEMENTATION AND THE PERSON RESPONSIBLE FOR INSPECTION AND MAINTENANCE: CONTACT: TBD COMPANY: TBD PHONE: TBD B. THE OWNER MUST IDENTIFY THE A PERSON WHO WILL BE RESPONSIBLE FOR LONG TERM OPERATIONS AND MAINTENANCE OF THE PERMANENT STORMWATER MANAGEMENT SYSTEM: CONTACT: TBD COMPANY: TBD PHONE: TBD 33. THE WATERSHED DISTRICT OR THE CITY MAY HAVE REQUIREMENTS FOR INSPECTIONS OR AS -BUILT DRAWINGS VERIFYING PROPER CONSTRUCTION OF THE BMPS. 34. EROSION CONTROL DEVICES CANNOT BE REMOVED UNTIL THE WATERSHED DISTRICT HAS DETERMINED THE SITE HAS BEEN PERMANENTLY RESTABALIZED AND SHALL BE REMOVED WITHIN 30 DAYS THEREAFTER. EXISTING CURB PLAN WI MCO ROAD DRAIN CG -23" HIGH FLOW INLET PROTECTION CURB AND GUTTER MODEL OR CITY APPROVED EQUAL. * FOR THE NEW R -3290 -VB STANDARD CASTING, INSTALL WIMCO ROAD DRAIN CG -3290 OR CITY APPROVED EQUAL. Standard Plate Library City of Monticello OVERFLOW IS y2 OF THE CURB BOX HEIGHT DEFLECTOR PLATE OVERFLOW IS Y2 OF THE CURB BOX HEIGHT OVERFLOW AT TOP OF FILTER ASSEMBLY FILTER ASSEMBLY DIAMETER, 6" ON -GRADE 10" AT LOW POINT HIGH-FLOW FABRIC Inlet Protection Catch Basin Insert 03-07 Plate No. 03-15 6004 NOTES: 1. ROCK SIZE SHOULD BE 1 " TO 2" IN SIZE SUCH AS MN/DOT CA -1 OR CA -2 COURSE AGGREGATE. (WASHED) 2. A GEOTEXTILE FABRIC MAYBE USED UNDER THE ROCK TO PREVENT MIGRATION OF THE UNDERLYING SOIL INTO THE STONE. LOUCKS PLATE NO, ROCK ENTRANCE TO 3004 CONSTRUCTION SITE DRAWN 2/2016 NOTES: 1. PLACE BOTTOM EDGE OF WIRE FENCE INTO 6 IN DEEP TRENCH. 2. POSTS SHALL BE: • 6 FT MAX. SPACING. • STANDARD STEEL T -TYPE POSTS. 5' MIN. LENGTH POSTS, DRIVEN 2 FT INTO THE GROUND. 3• ATTACH WIRE FENCE TO STEEL POSTS WITH NO. 9 GA. ALUMINUM WIRE OR NO. 9 GALVANIZED STEEL PRE -FORMED CLIPS. 4. ATTACH FABRIC TO WIRE FENCING WITH WIRE OR ZIP TIES. A MIN. OF 3 ZIP TIES PER POST. EXTEND BOTTOM OF FABRIC INTO TRENCH. 5. BACKFILL TRENCH & COMPACT. 6. STRAW, WOOD CHIP, COMPOST OR ROCK LOGS PER MNDOT SPECS 3890, 3897. STRAW OR WOOD FIBER 9" OR 12'' DIA. SEDIMENT LOG ROLL ENCLOSED IN POLYPROPYLENE NETTING FLOW TRENCH IF LOOSE SOILS X 2'' X 18'' LONG WOODEN 4KES AT 2'-0" SPACING. DRIVE I HROUGH NETTING, NOT PENETRATING FIBER LOG. ENDS SECURELY CLOSED TO PREVENT LOSS OF OPEN GRADED AGGREGATE FILL. SECURED WITH 50 PSI. ZIP TIE NOTES: SEE SPECS. 2573, 3137, 3890 & 3897. MANUFACTURED ALTERNATIVES LISTED ON Mn/DOT'S APPROVED PRODUCTS LIST MAY BE SUBSTITUTED. 1� GEOTEXTILE SOCK BETWEEN 4-10 FEET LONG AND 4-6 INCH DIAMETER. SEAM TO BE JOINED BY TWO ROWS OF STITCHING WITH A PLASTIC MESH BACKING OR PROVIDE A HEAT BONDED SEAM (OR APPROVED EQUIVALENT). FILL ROCK LOG WITH OPEN GRADED AGGREGATE CONSISTING OF SOUND DURABLE PARTICLES OF COARSE AGGREGATE CONFORMING TO SPEC. 3137 TABLE 3137-1; CA -3 GRADATION. ■ BIO -ROLL OR ROCK LOG LOUCKS PLATE NO. 3002 DRAWN 11/2016 O.T STAPLESPERSG.YD. 1.15 STAPLES PER SG.YD. 61 SLOPES 31 SLOPES 1 0 0 I! 1 � L -o--� 3.75 STAPLErS PER SQ 1T. HIGH FLOW CHANNEL & SHORELINE 1. PREPARE SOIL BEFORE INSTAWNG BLANKET$ INCLUDING ANY NECESSARYAPPLICATION OF LIME, FERTI-11, AND SEED. 2.BEGINATTHETOPOFTHESL EBYANCHORINGTHEBLANKE INAC(l5 )DEEPXS'(l5 ) WIDETRENCH WITHAPPROXIMATEiv 12• MB )OF BLANKET EXTENDED BEYOND THE UP-SLOPE PORTION OF THE TRENCH. AN OR THE BLANH A ROw OF STAPLESSTAKESAPPR01aMAT¢r 1T (BOcm) APART IN THE eOTTOn OF THE TRENCH. BACIGFILL AND COMPACT THE TRENCH AFTER STAPLING. APPLY BE ED TO COMPACTED SOIL AND FOLD REMAINING 12• IS-) PORTION OFI LANNET BACKOVER SEEDAND COMPACTED SOL. SECURE BLANKET OVERCOMPACTED SOIL WITH A ROW OF STAPLE35TAIQ=S SPACED APPROXIMATELY IT (S-) APART ACROSS THE WIDTH OF THE BLANKET. B. ROL THEBLANKETSNJD OR(B.)HOEIDNTxLYACROSSTHESLOPE. BLANKETS WILL UNROLLWITH APPROPRIATE SIDE AGM-THESOILSURFACE. ALLBLANIQ:TBMUSTBESECURELYFASTENEOTOSOILSURFACEBYRAONGS E�S IN APPROPRIATE LOCATIONS AS SHOWN IN THE STAPLE PATTERN GUIDE. WHEN USING OPTIONAL DOT SYSTEM, BTAPLE35TAIQ:3 SHOULD BE PLACED THROUGH EACH OF THE COLORED DOTSCORRESPONDING TO THE APPROPRIATE STAPLE PATTERN. EDGESOFPARALLELBLANKETSMUSTBESTAPLEDWITHAPPROXIMATELYY'(5O 12.5 )OVERLAPDEPENDING ON 9I -AN -E. TO ENSURE PROPER SEAM ALIGNMENT, RACE TIE EDGE OF THE OVERLAPPING BLANIhT (BIANIQ:T BEING INSTALLED ON TOP) EVEN WTIH THE COUORED SEAM STITCH ON THE PREVIOUSLY INSTALLED BLANKET. 5. CONSECUTWE BLANNETS SPLICED DOWN THE SLOPE MUST BE PLACED END OVER END (SHINGLE SME) WITH AN APPROXIMATE BLA`N= OVERLAP. STAPLE THROUGH OVERLAPPED AREA, APPRO%IIMTELY 12- (SO-) APART ACROSS ENTIRE NOTES OF STAPLE ORSTAKE LENGTHS GREATERTHAN e' (I5 ) MAYBE NECESSARY TO PROPERLYSECURE THE BLANI0=T8. Title: Erosion Control Blanket Standard Plate Library Stapling Patterns & Installal City of Monticello Date: Plate No. 03-08 Revised: 03-15 6011 NOTES: 1. PLACE BOTTOM EDGE OF FENCE INTO 6 IN DEEP TRENCH SITE PLAN AND BACKFILL IMMEDIATELY. 2. POSTS SHALL BE: • 6 FT MAX. SPACING. • 2 IN X 21N HARDWOOD, OR STANDARD STEEL T -TYPE CIVIL DETAILS FENCE POSTS. • 5' MIN. LENGTH POSTS, DRIVEN 2 FT INTO THE LANDSCAPE DETAILS GROUND. 3. ATTACH FABRIC TO WOOD POST WITH A MIN. OF 5, 1 INCH LONG STAPLES. 4. ATTACH FABRIC TO STEEL POST WITH A MIN. OF 3 ZIP TIES IN TOP 8 INCHES OF FABRIC. GEOTEXTILE FABRIC PER MNDOT 3886 GEOTEXTILE �\Co FABRIC PER MNDOT 3886 • 6" 6" LOUCKS PLATE NO. SILT FENCE 3000 DRAWN 2/2016 MINIMUM DOUBLE STITCHED SEAMS ALL AROUND SIDE PIECES AND ON FLAP POCKETS FRONT, BACK, AND BOTTOM TO BE MADE FROM SINGLE PIECE OF FABRIC INLET SPECIFICATIONS AS PER THE PLAN DIMENSION LENGTH AND WIDTH TO MATCH FLAP POCKET 8" OVERFLOW HOLES (2" X 4" HOLE SHALL TP7-BE HEAT CUT INTO ALL FOUR SIDE PANELS) FILTER BAG INSERT SO (CAN BE INSTALLED IN ANY INLET TYPE WITH OR WITHOUT A CURB BOX) NOTES: SEE SPECS. 2573, 3137, 3886 & 3891. MANUFACTURED ALTERNATIVES LISTED ON Mn/DOT'S APPROVED PRODUCTS LIST MAY BE SUBSTITUTED. 1� ALL GEOTEXTILE USED FOR INLET PROTECTION SHALL BE MONOFILAMENT IN BOTH DIRECTIONS, MEETING SPEC. 3886. 2O FINISHED SIZE, INCLUDING POCKETS WHERE REQUIRED SHALL EXTEND A MINIMUM OF 10 INCHES AROUND THE PERIMETER TO FACILITATE MAINTENANCE OR REMOVAL. 3O INSTALLATION NOTES: 3.1. DO NOT INSTALL FILTER BAG INSERT IN INLETS SHALLOWER THAN 30 INCHES, MEASURED FROM THE BOTTOM OF THE INLET TO THE TOP OF THE GRATE. 3.2. THE INSTALLED BAG SHALL HAVE A MINIMUM SIDE CLEARANCE OF 3 INCHES BETWEEN THE INLET WALLS AND THE BAG, MEASURED AT THE BOTTOM OF THE OVERFLOW HOLES. 3.3. WHERE NECESSARY THE CONTRACTOR SHALL CLINCH THE BAG, USING PLASTIC ZIP TIES, TO ACHIEVE THE 3 INCH SIDE CLEARANCE. FLAP POCKETS SHALL BE LARGE ENOUGH TO ACCEPT WOOD 2 INCH X 4 INCH OR USE A ROCK SOCK OR SAND BAGS IN PLACE OF THE FLAP POCKETS. LOUCKS PLATE NO. INLET PROTECTION - 3015 • FILTER BAG INSERT DRAWN 2/2016 .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL NRU0RION CpN EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS 1_2--1 LANDSCAPE PLAN 1-3-1 LANDSCAPE DETAILS 1 1 1 1 ► 1 ► 1 h� ► 1 ► r 1 WAT WAT 1- WAT ► � WAT /1 AT WAT ► ► 44S - rn ► �'qT SAN � - SAN 1 Q 11 sro � sro - RE 54 I� SAN - SAN y j RE=955.77 �qT (97 cT sro sro 3 a IE 8" CONC=945.20 i SAN - SAN IE 8" CONC/PVC=944.67 Sro sro Sro sro 1 I SAN - SAN O wqT CSTRFFT ��� srp sro RE=955.57 \ Sro ► IE 15" CONC=949.97 -� ► sro -► sro sqN\ tigr , sro rte ♦ 3 1 SqN wqT ► RE=955.13 \ \ GAS GAS GAS , IE 15" CONC=951.13 ., s i GAS GAS GAS =3� GAS 1 11) : /' wqT\ - GAS - ► �� s�Q 1 qN CB5 8' 12" HDPE@ 1.34% .11 wqT cye�s \ ♦ o T \ RIM=955.49 y \ Gas \ Cy�22gs08°°SSMH F ly SqN\ wqr INV=951.49 / 1 �, Gas 7 1 5 IL 0 N N O N L0 O O 0 IL 56' 12" HDPE@ 1.23 r RIM = 956.8 SIV INV = 944.0 \ �� qT ♦--RE=95756 (FIELD VERIFY) SIA, IE=942.56 ♦ STIvIiN 1 �qr RIV=957.5 IVVE=950.0 Sgti FIELD VERIFY) i INV.S=950.0 �r ♦ INV.W =950.0 RE=95766 s ♦ IE 18" CONC=948.26 ` � gyp\ � ♦ ` GL'9T CB2 \ y� RIM=957.12 N/E=950.80 / APPROXIMATE \ INV S=951.85 LST 40 \ ( PLAN) sro \� sro ` sT° sgti \ �� I Sro y� IRON PIPE /\ NO CAP -- ���\ �• RE=95703 IE 18" CONC=949.23 sT syr\ o 84' 12" HDPE@ 0.5% / V Y � ) //_----------- � 175'4" PVC SCH 40 @ 2.0% A� °CB3 6" PVC C900 WATER SERVICE / RIM=957.08 / INV=953.08 O IQs 98'- 12" HDPVC @ 1 .0% ®EX -MH \\ RE = 957.04 00 - - - - - - - - - - 110' 12" HDPE@ 0.5% / �� / CB 7 RIM: 955.70 Sqv v O° q SSMH 2 INV: 951.70 \O �� RIM = 957.9 /\ Sq/v_ / 2' 12" HDPE@ 1.0% \ INV = 947.5 7/ IRON PIPE ►�� CAP NO. 47481 - 4 F�c26�3 s� 4 F 4- tiA I fie!/cy�Gy�q a \1 IRON PIPE ; CAP NO. ILLEGIBLE - a�� -RE=95704 IE 12" CONC=952.94 LEGEND SITE DEMOLITION PLAN C2-1 EXISTING C3-1 PROPOSED �® CATCH BASIN C4-1 �O STORM MANHOLE O L2--1 FLARED END SECTION L3-1 O SANITARY MANHOLE -0 HYDRANT M GATE VALVE N POST INDICATOR VALVE OPiv ® WATER MANHOLE/ WELL LIGHT POLE 0 POWER POLE � EO ELECTRIC METER © GAS METER ❑r TELEPHONE PEDESTAL SIGN BENCHMARK SOIL BORING e 2O PARKING STALL COUNT 2 ACCESSIBLE PARKING STALL STORM SEWER DT- DRAINTILE » DT- > SANITARY SEWER 110 FM FORCEMAI N FM I WATERMAIN s SANITARY SEWER SERVICE -/-/- w WATER SERVICE - - ELE UNDERGROUND ELECTRIC ELE Fo UNDERGROUND FIBER OPTIC Fo GAS- UNDERGROUND GAS -GAS- -TEL UNDERGROUND TELEPHONE TEL off OVERHEAD UTILITY off -x x- FENCE -X�f- -o o- CHAIN LINK FENCE CONCRETE CURB RETAINING WALL a CONCRETE ° NO PARKING BUILDING `912 CONTOUR ,17-7 x972.5 SPOT ELEVATION X972.5 E i0% DIRECTION OF FLOW TREE LINE PARKING SETBACK LINE PsBL BUILDING SETBACK LINE SBL UTILITY NOTES 1. ALL SANITARY SEWER, STORM SEWER AND WATERMAIN UTILITIES SHALL BE FURNISHED AND INSTALLED PER THE REQUIREMENTS OF THE SPECIFICATIONS, THE CITY AND THE STANDARD SPECIFICATION FOR SEWER AND WATER CONSTRUCTION IN WISCONSIN (WSWS), LATEST EDITION. ALL HDPE CONNECTIONS TO CONCRETE MANHOLES SHALL BE CONNECTED WITH AN INTERNAL RUBBER GASKET OR BY USING ADS WATERSTOP GASKET. 2. SEE DETAIL SHEETS AND THE CONTRACT SPECIFICATIONS FOR SPECIFIC UTILITY DETAILS AND UTILITY SERVICE DETAILS. 3. ALL UTILITY PIPE BEDDING SHALL BE COMPACTED SAND OR FINE GRANULAR MATERIAL PER THE REQUIREMENTS OF THE CITY. ALL COMPACTION SHALL BE PERFORMED PER THE REQUIREMENTS OF THE WSWS SPECIFICATION. 4. ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPARTMENT AND THE CONSTRUCTION ENGINEER MUST BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, OR WORK IMPACTING PUBLIC UTILITIES. 5. ALL SANITARY SEWER AND WATER SERVICES SHALL TERMINATE AT THE PROPERTY LINE UNLESS OTHERWISE NOTED. 6. THE CONTRACTOR SHALL NOTIFY DIGGERS HOTLINE CALL AT 1-800-242-8511 AT LEAST 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION OR UNDERGROUND WORK. 7. THE CONTRACTOR SHALL FIELD ADJUST WATERMAIN TO AVOID CONFLICTS WITH SANITARY SEWER, STORM SEWER, AND SERVICES AS REQUIRED. INSULATION OF WATER AND SANITARY SEWER LINES SHALL BE PROVIDED WHERE 7.5 FEET MINIMUM DEPTH CAN NOT BE ATTAINED 8. ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY. ALL TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OF THE WISCONSIN MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (WMUTCD) AND THE CITY. THIS SHALL INCLUDE ALL SIGNAGE, BARRICADES, FLASHERS AND FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES. NO ROAD CLOSURES SHALL BE PERMITTED WITHOUT THE EXPRESSED AUTHORITY OF OF THE CITY. 9. ALL NEW WATERMAIN MUST HAVE A MINIMUM OF 7.5 FEET OF COVER. 10. ADJUST ALL EXISTING STRUCTURES, BOTH PUBLIC AND PRIVATE TO THE PROPOSED GRADES WHERE DISTURBED AND COMPLY WITH ALL REQUIREMENTS OF THE UTILITY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 11. PROPOSED PIPE MATERIALS: WATERMAIN CL52 DIP 6" DIAMETER COPPER 117' DIAMETER SANITARY SEWER SCH40 PVC 6" DIAMETER STORM SEWER DUAL WALL HDPE 12" & 15" DIAMETER RCP 18" DIAMETER -N- 0 20 40 SCALE IN FEET 41 .. LouCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL NRU0RION CpN EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS I -P 12 �I NO - PARKING ACCESS als_E 12"x18" STANDARD NO PARKING ACCESS AISLE. WHITE LEGEND ON BLUE BACKGROUND. USE HARDWARE PER SIGN SUPPLIER'S RECOMMENDATIONS. HC SIGNAGE PER MINNESOTA RULES 1341.0502 2" DIA. 6' LONG MIN. GALVANIZED SCHEDULE 40 STEEL PIPE. EMBED IN CONCRETE FILLED BOLLARD 6" DIA. SCHEDULE 40 GALVENZIED STEEL PIPE 6' LONG MINIMUM HEAVY DUTY HDPE DOME TOP DECORATIVE SLEEVE BLUE OR YELLOW IN COLOR. AVAILABLE FROM BOLLARDSNSLEEVES.COM OR EQUAL. EM 4 IM • I I • COMPACTED OR I•• = UNDISTURBED SUBGRADE. �• NOTES: I 1. BOLLARDS TO BE PLACED 12" BEHIND •� E' - BACK OF CURB OR SIDEWALK (REFER • I C: TO SITE PLAN.) 4 2. MAINTAIN PLUMB UNTIL CONCRETE IS •A I• SUFFICIENTLY CURED. ••L•J• 3. HOLD CONCRETE FOOTING BELOW GRADE OF FINISHED CONCRETE TO CREATE FINAL PAVING PATTERN AS SHOWN ON PLANS. 18" DIA. 4. SIGN CENTERED AT HEAD OF ACCESS AISLE - MAXIMUM OF 96" FROM HEAD OF PARKING SPACE. 1 LOUCKS PLATE NO. Lo�CKs TYPICAL ACCESS AISLE 20388 SIGN / BOLLARD COMBO DRAWN 03/2017 A c r//'7/J A rii // iii //Tr// Ti iior2 35 1/4 43• CURB INLET FRAME AND CURB BOX NEENAH NO. R -3067-V PLAN F4• CONCRETE COLLAR ALL STORM SEWER CASTING ELEVATIONS SHOWN ON THE PLANS HAVE BEEN DEPRESSED 0.10' BELOW GUTTER ELEVATION (SEE DETAIL 5003) ADJUSTING RINGS 7 4" MIN - 12" MAXI ENCASE IN CONCRETE T \ \ 0 COUAR USE CONCRETE CURB MIX FOR COLLAR r 24• FINISH / 37• GRADE A, i 3'- 8" 34 5" N I \ NOTES: SECTION A -A POUR A 3" TO 4" CONCRETE COLLAR AROUND RINGS EXTENDING FROM THE CASTING TO THE PRECAST SECTION CATCH BARNS LOMAT D IN DRIVEWAYS SHALL BE TYPE M"DOT DE51GN H. TH- CASTING SHALL BE NEENAH R-35CS-A2. \� Standard Plate Library City of Monticello 5\ C STANDARD FRAME & z 8• CAST -IN-PLACE 1f ® CONCRETE - 4' TO 10' 0 }U K z s m Title: Standard Catch Basin )ate: 03-05 Plate No. Revised: 03-15 4002 ADJUSTING RINGS 4" MIN - 12• MAX ROADWAY SURFACE SEE MnDOT STANDARD PLATE 4020 *FOR COVER REQUIREMENTS WALL CONSTRUCTION SHALL BE CLASS II PRECAST PIPE, EXCEPT 48• DIA MAY BE ASTM C 478 CONCRETE PIPE. SEE MnDCT STANDARD PLATE 3000 (NO TONGUE OR GROOVE AT TOP OR BOTTOM OF THIS SECT10N). CAST -IN-PLACE CONCRETE OR MASONRY CONSTRUCTION .(BRICK OR BLOCK) ALLOWED ONLY IF APPROVED BY ENGINEER CONCRETE DOGHOUSE REQUIRED ON OUTSIDE AND INSIDE OF STRUCTURE AND PIPE CONNECTION rL STRUCTURE B" POURED CONCRETE WE. FOR ALTERNATE PRECAST CONCRETE BASE. SEE MnDOT STANDARD PLATE 4011 (MODIFY DIAMETER AND 2" RAISED AREA TO FR REQUIRED DIAMETER. O REFER TO STANDARD PIANS FOR HEIGHT AND DIAMETER REQUIRED. �2 MANHOLE STEPS SHALL BE CAST IRON OR MA MODEL PS -I -PF (BY MA INDUSTRIAL INC.) CONFORMING TO ALL OSHA REGULATIONS AND SPACM 16" OC. O3 MINIMUM STEEL REINFORCEMENT ® EQUN/MENT STEEL AREA IN WIRE MESH MAY BE USED O GENERAL DIMENSIONS FOR CONCRETE APPLY TO BRICK AND CONCRETE MASONRY UNIT CONSTRUCTION ALSO, EXCEPT AS NOTED. ® 12" MINIMUM FOR PRECAST, 3 BRICKS OR 1 BLOCK MINIMUM FOR MASONRY CONSTUCTION © REINFORCEMENT AS PER NnDOT SPEC 3301, GRADE 60. Standard Plate Library City of Monticello 9 " MANHOLE �• MAR "-T'8 OR PLASTERED OR CATCH EXTERIOR CATCH BASIN BASIN - DIA SEWER BRICK (MI SPEC 3616) BLOCK MASONRY CONSTRUCTION rltle: Standard Manhole for Storm Sewer krt&l 03-05 Plate No. Revised: 03-15 4001 12 RESERVE PARKING cO OIAroAREBIMK MAFNEO UP TO siax• VE' ACCESSIBLE 12"x18" STANDARD HANDICAP PARKING SIGN WITH SEPARATE'VAN ACCESSIBLE' PANEL. GREEN LETTERING AND BORDER ON WHITE BACKGROUND. SYMBOL OF ACCESSIBILITY SHALL BE 4"x4" AND BE WHITE ON A BLUE BACKGROUND. USE HARDWARE PER SIGN SUPPLIER'S RECOMMENDATIONS. HC SIGNAGE PER MINNESOTA RULES 1341.0502 12"x6" STANDARD WAN ACCESSIBLE' PANEL. GREEN LETTERING AND BORDER ON WHITE BACKGROUND. 2" DIA. 6' LONG MIN. GALVANIZED SCHEDULE 40 STEEL PIPE. EMBED IN CONCRETE FILLED BOLLARD 6" DIA. SCHEDULE 40 GALVENZIED STEEL PIPE 6' LONG MINIMUM HEAVY DUTY HDPE DOME TOP DECORATIVE SLEEVE BLUE OR YELLOW IN COLOR. AVAILABLE FROM BOLLARDSNSLEEVES.COM OR EQUAL. A �A a� /?obi �� A rrrri �� 35-1/4" 43" Grr�r; ,A PLAN CASTING TO BE SET 0.10' CURB INLET FRAME AND CURB BOX BELOW GUTTER ELEVATION 1 /r STANDARD CASTING - NEENAH R -3067-V ADJUSTING RINGS � 4" MIN - 12" MAX ENCASE WITH CONCRETE \ MANHOLE COYER TO BE 48" DIA COLAR \ + r GREIEX TYPE II WITH 24'x 35' n5"2 6" OPENING "1B" j CONCRETE DOGHOUSE REOUIRED ON P AND PIPE OCONNECTION •48" INSIDEE AN OF STRUCTURE IDIMENSION VARIES BPSED ON STPLCTUR.E / AMFTFR - RCP CONCRETE CATCH BASIN MANHOLE -/ NOTES: AND BASE TO BE CRETEX TYPE 4338 OR APPROVED EQUAL 1. BASE TO BE GROUTED TO FORM A SMOOTH INVERT TO OUTLET. SECTION 2. PIPE CUT-OUTS TO BE LOCATED WHERE REQUIRED. APTCH BASIN (MANHOLES R-QUIRED IN GREEN SPACES SHALL BE CONSTRUCT -D OE PRECAST CONCRETE AND IN ACCORDANCE WITH IM"/COT STANDARD PLATE 4006L. THE CASTING SHALL BE NEENAH R 4342. CPTCH EASIN MANHOLES LOCATED IN CRIVEWAVS SHALL BE ]OHSTRUCTEJ WITH AN ECCENTRIC TOP SLAB WITH A 27' ROUND OPENING. THE CASTING SHALL BE NEENAH R -3508-A2. Title: 4D Standard Plate Library Catch Basin Manhole City of Monticello Date: Plate No. 03-05 4003 Revised: 03-15] - 6\ J REFER TO SITE PLAN FOR ADA PARKING SIGN LOCATION REFER TO SITE PLAN FOR ACCESS AISLE SIGN LOCATION (AISLE TO CONTAIN THE DESIGNATION "NO PARKING" COMPLYING WITH MSBC 134.0502 IF ACCESS AISLE SIGNS ARE NOT SHOWN) M V PROVIDE PAINTED • I I • COMPACTED OR C3-1 I•• UNDISTURBED SUBGRADE. INTERNATIONAL SYMBOL OF I d ` �• NOTES: C4-1 II 1. BOLLARDS TO BE PLACED 12" BEHIND ACCESSIBILITY AT EACH •� t� = BACK OF CURB OR SIDEWALK (REFER L2--1 • I I TO SITE PLAN.) DESIGNATED HANDICAP •A • - 2. MAINTAIN PLUMB UNTIL CONCRETE IS � SUFFICIENTLY CURED. •.L_,J• . 3. HOLD CONCRETE FOOTING BELOW SYMBOL IN STALL. • GRADE OF FINISHED CONCRETE TO I CREATE FINAL PAVING PATTERN AS SHOWN ON PLANS. 18" DIA. 4. SIGN CENTERED AT HEAD OF PARKING SPACE - MAXIMUM OF 96" FROM HEAD OF PARKING SPACE. LOUCKS PLATE NO. LOUCKS PLATE NO. 3 TYPICAL ADA PARKING 2038A LoILICKS2 WHITE STALL STRIPING SIGN / BOLLARD COMBO DRAWN 03/2017 DRAWN 03/2017 A �A a� /?obi �� A rrrri �� 35-1/4" 43" Grr�r; ,A PLAN CASTING TO BE SET 0.10' CURB INLET FRAME AND CURB BOX BELOW GUTTER ELEVATION 1 /r STANDARD CASTING - NEENAH R -3067-V ADJUSTING RINGS � 4" MIN - 12" MAX ENCASE WITH CONCRETE \ MANHOLE COYER TO BE 48" DIA COLAR \ + r GREIEX TYPE II WITH 24'x 35' n5"2 6" OPENING "1B" j CONCRETE DOGHOUSE REOUIRED ON P AND PIPE OCONNECTION •48" INSIDEE AN OF STRUCTURE IDIMENSION VARIES BPSED ON STPLCTUR.E / AMFTFR - RCP CONCRETE CATCH BASIN MANHOLE -/ NOTES: AND BASE TO BE CRETEX TYPE 4338 OR APPROVED EQUAL 1. BASE TO BE GROUTED TO FORM A SMOOTH INVERT TO OUTLET. SECTION 2. PIPE CUT-OUTS TO BE LOCATED WHERE REQUIRED. APTCH BASIN (MANHOLES R-QUIRED IN GREEN SPACES SHALL BE CONSTRUCT -D OE PRECAST CONCRETE AND IN ACCORDANCE WITH IM"/COT STANDARD PLATE 4006L. THE CASTING SHALL BE NEENAH R 4342. CPTCH EASIN MANHOLES LOCATED IN CRIVEWAVS SHALL BE ]OHSTRUCTEJ WITH AN ECCENTRIC TOP SLAB WITH A 27' ROUND OPENING. THE CASTING SHALL BE NEENAH R -3508-A2. Title: 4D Standard Plate Library Catch Basin Manhole City of Monticello Date: Plate No. 03-05 4003 Revised: 03-15] - 6\ J REFER TO SITE PLAN FOR ADA PARKING SIGN LOCATION REFER TO SITE PLAN FOR ACCESS AISLE SIGN LOCATION (AISLE TO CONTAIN THE DESIGNATION "NO PARKING" COMPLYING WITH MSBC 134.0502 IF ACCESS AISLE SIGNS ARE NOT SHOWN) `r DIAMETER LL LINES 4" WIDE SITE DEMOLITION PLAN V PROVIDE PAINTED SITE PLAN C3-1 GRADING &DRANINGS PLAN INTERNATIONAL SYMBOL OF 4" WIDE PAINTED LINES, C4-1 UTILITY PLAN ACCESSIBILITY AT EACH 18" O.C., @ 45 DEG. TRAFFIC WHITE L2--1 LANDSCAPE PLAN DESIGNATED HANDICAP (AISLE TO CONTAIN THE DESIGNATION PARKING STALL. CENTER "NO PARKING" COMPLYING WITH SYMBOL IN STALL. MSBC 1341.0502 IF ACCESS AISLE 30„ SIGNS ARE NOT SHOWN a4" WIDE PAINTED LOUCKS PLATE NO. LINES, TRAFFIC 3 g, 9' 91 WHITE STALL STRIPING `r DIAMETER LL LINES 4" WIDE 4" CONCRETE WALK MN/DOT 2521 PRIVATE CONCRETE SIDEWALK SECTION 4" CONCRETE WALK MN/DOT 2521 PUBLIC CONCRETE SIDEWALK SECTION 4" GRANULAR MATERIAL MN/DOT 3149 6" COMPACTED AGGREGATE BASE CL. 5 OR 2 MN/DOT 3138 PRIVATE & PUBLIC LOUCKS PLATE NO. LouCKSCONCRETE SIDEWALK 2034 SECTION DRAWN 12/2016 t z• 3/4 / PER 1/2 • R 1/2 R 3• x3 �-CONCRETE CURB I � / AND GUTTER CONTRACTION JOINTS r 2� IY r i MODIFIED DESIGN "D"-_� EXPANSION 5- Q• MICA<J JOINTS rSTAIUpTA FRAME : : eox EXPANSION � /�. � � \\ d \ E /��' I FOR Beta CURB GUTTER JOINTS / 6' �� 41 \W. R,fi- x , CONCRETE TO BE ° T�aa EXPANSION ` uaDlFte00 DE.vcN ro• IXIRe : mta POURED INTEGRALLY EXPANSION h -� 6YRIFI (TYPICN. SEE URB WITH CURB JOINTS A JOINTS 6 6„ �\ �..% / PLAN /�12" GRANULAR BORROW 5' 0 PLAN 4" OR 6" CONCRETE WALK BOULEVARD WIDTH VARIES(AVERAGE B') B618 CONCRETE CURB AND GUTTER AA41ABL ER /MIN FT. 11 11 LI u ll 4 7„ MIN. 7 I 3/4 MATO( MODIFIED DESIGN b•- { 7•. CURB : GUTTER (TYPICAL)<: SIDEWALK DIMENSIONS 73L 0• BB1BJ - WIDTH VARIES MIN. WIDTH - 6' (1Qt10 5' � DEPTH - 6" FOR NEW DEVELOPMENTS - *4" MINIMUM FOR EXISTING AREAS, 6" AT DRIVEWAYS AND CROSSWALKS HIGHS. SECTION B -B SECTION A -A GRANULAR BORROW DEPTH - 12" STORM SEWER TOP OF CASTING ELEVATION SHOWN ON THE PUNS CONTRACTION JOINTS - 6' INTERVALS INCLUDES A 0.10" DEPRESSION FROM THE PROPOSED GUTTER EXPANSION JOINTS - 60' INTERVALS (APPROX.) WIDE. EEG ER �RTBO�U�B167�Om FROM THE -MATCH EXISTING DEPTH, 4" MINIMUM EACH SIDE OF THE CENTER OF THE CASTING. rifle: Title: title: Concrete Curb & Gutter ( Commercial Driveway ��� Typical Sidewalk Standard Plate Libra at Catch Basin ���� Standard Plate Library Entrance City Standard Plate Library City of Monticello Date: Plate NO. ��� City of Monticello Date" Plate Na. � � City of Monticello Date: 03-05 Plate Na. 03-05 03-05 - 5012 Revised: 5004 _ Revised: 5008 - -%' Revised:03-15 1 03-15 1 1 03-15 , 1LJ 1 HANDICAP SIGN/BOLLARD (TYP) (SIGN TO COMPLY WITH MINNESOTA RULES 1341.0502 -8612 CURB '---B612 CURB & GUTTER & GUTTER FULL HEIGHT CURB ENTIRE WIDTH OF HC STALLS HANDICAP SIGN (TYP) (SIGN TO COMPLY WITH MINNESOTA RULES 1341.0502 y -B 12 CUR AC ESSIBL ROUT TC -0 I TC -O .0.GIL=0 L=0 C=0 C=0 TC=O 11 TC=O L=-0.5 L=-0.5 GL= -0.5 FLAT CURB 4" WIDE PAINTED LINES, 18" O.C., @ 45 TRAFFIC WHITE (AISLE TO CONTAIN THE DESIGNATION "NO PARKING" COMPLYING WITH MSBC 1341.0502) a4" WIDE PAINTED LINES, TRAFFIC WHITE 8'-0" 8'-0"1 8'-01,1 91-0" FULL HEIGHT CURB WITH FLAT CURB AT ACCESS AISLE LOUCKS PLATE NO. LoILICKs 4 TYPICAL ADA PARKING 2036 DRAWN 12/2016 OPTION #1 DISHED GRADE BIT. WEAR COURSE, q/DOT 2360 SPWEA340F '7778" CK COAT, MN/DOT 2357 BIT. WEAR COURSE, MN/DOT 60 SPWEB340F AGG. BASE, CLASS 5 OR 2 MN/DOT 3138 12" SELECT GRANULAR MATERIAL MNDOT 3149.2 VED SUBGRADE OPTION #2 FINISHED GRADE 1.5" BIT. WEAR COURSE, MN/DOT 2360 SPWEA240B 2" BIT. WEAR COURSE, MN/DOT 2360 SPWEB340F TACK COAT, MN/DOT 2357 2" BIT. NON -WEAR COURSE, MN/DOT 2360 SPNWB330B 10" AGG. BASE, CLASS 5 OR 6 MN/DOT 3138 MNDOT 3733 TYPE 9 GEOTEXTILE APPROVED SUBGRADE PAVEMENT SECTION TO BE VERIFIED WITH GEOTECHNICAL REPORT LOUCKS PLATE NO. LDUCKS BITUMINOUS PAVEMENT 2032 SECTION DRAWN 12/2016 Ps LoUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL NR��RION CON EXISTING PLAN C1-2 SITE DEMOLITION PLAN V PROVIDE PAINTED SITE PLAN C3-1 GRADING &DRANINGS PLAN INTERNATIONAL SYMBOL OF SWPPP NOTES C4-1 UTILITY PLAN ACCESSIBILITY AT EACH CIVIL DETAILS L2--1 LANDSCAPE PLAN DESIGNATED HANDICAP LANDSCAPE DETAILS PARKING STALL. CENTER SYMBOL IN STALL. HC SIGNAGE PER MINNESOTA 30„ RULES 1341.0502 NOT TO SCALE LOUCKS PLATE NO. LDUCKS 3 TYPICAL ADA PARKING 2037 STALL STRIPING DRAWN 03/2017 4" CONCRETE WALK MN/DOT 2521 PRIVATE CONCRETE SIDEWALK SECTION 4" CONCRETE WALK MN/DOT 2521 PUBLIC CONCRETE SIDEWALK SECTION 4" GRANULAR MATERIAL MN/DOT 3149 6" COMPACTED AGGREGATE BASE CL. 5 OR 2 MN/DOT 3138 PRIVATE & PUBLIC LOUCKS PLATE NO. LouCKSCONCRETE SIDEWALK 2034 SECTION DRAWN 12/2016 t z• 3/4 / PER 1/2 • R 1/2 R 3• x3 �-CONCRETE CURB I � / AND GUTTER CONTRACTION JOINTS r 2� IY r i MODIFIED DESIGN "D"-_� EXPANSION 5- Q• MICA<J JOINTS rSTAIUpTA FRAME : : eox EXPANSION � /�. � � \\ d \ E /��' I FOR Beta CURB GUTTER JOINTS / 6' �� 41 \W. R,fi- x , CONCRETE TO BE ° T�aa EXPANSION ` uaDlFte00 DE.vcN ro• IXIRe : mta POURED INTEGRALLY EXPANSION h -� 6YRIFI (TYPICN. SEE URB WITH CURB JOINTS A JOINTS 6 6„ �\ �..% / PLAN /�12" GRANULAR BORROW 5' 0 PLAN 4" OR 6" CONCRETE WALK BOULEVARD WIDTH VARIES(AVERAGE B') B618 CONCRETE CURB AND GUTTER AA41ABL ER /MIN FT. 11 11 LI u ll 4 7„ MIN. 7 I 3/4 MATO( MODIFIED DESIGN b•- { 7•. CURB : GUTTER (TYPICAL)<: SIDEWALK DIMENSIONS 73L 0• BB1BJ - WIDTH VARIES MIN. WIDTH - 6' (1Qt10 5' � DEPTH - 6" FOR NEW DEVELOPMENTS - *4" MINIMUM FOR EXISTING AREAS, 6" AT DRIVEWAYS AND CROSSWALKS HIGHS. SECTION B -B SECTION A -A GRANULAR BORROW DEPTH - 12" STORM SEWER TOP OF CASTING ELEVATION SHOWN ON THE PUNS CONTRACTION JOINTS - 6' INTERVALS INCLUDES A 0.10" DEPRESSION FROM THE PROPOSED GUTTER EXPANSION JOINTS - 60' INTERVALS (APPROX.) WIDE. EEG ER �RTBO�U�B167�Om FROM THE -MATCH EXISTING DEPTH, 4" MINIMUM EACH SIDE OF THE CENTER OF THE CASTING. rifle: Title: title: Concrete Curb & Gutter ( Commercial Driveway ��� Typical Sidewalk Standard Plate Libra at Catch Basin ���� Standard Plate Library Entrance City Standard Plate Library City of Monticello Date: Plate NO. ��� City of Monticello Date" Plate Na. � � City of Monticello Date: 03-05 Plate Na. 03-05 03-05 - 5012 Revised: 5004 _ Revised: 5008 - -%' Revised:03-15 1 03-15 1 1 03-15 , 1LJ 1 HANDICAP SIGN/BOLLARD (TYP) (SIGN TO COMPLY WITH MINNESOTA RULES 1341.0502 -8612 CURB '---B612 CURB & GUTTER & GUTTER FULL HEIGHT CURB ENTIRE WIDTH OF HC STALLS HANDICAP SIGN (TYP) (SIGN TO COMPLY WITH MINNESOTA RULES 1341.0502 y -B 12 CUR AC ESSIBL ROUT TC -0 I TC -O .0.GIL=0 L=0 C=0 C=0 TC=O 11 TC=O L=-0.5 L=-0.5 GL= -0.5 FLAT CURB 4" WIDE PAINTED LINES, 18" O.C., @ 45 TRAFFIC WHITE (AISLE TO CONTAIN THE DESIGNATION "NO PARKING" COMPLYING WITH MSBC 1341.0502) a4" WIDE PAINTED LINES, TRAFFIC WHITE 8'-0" 8'-0"1 8'-01,1 91-0" FULL HEIGHT CURB WITH FLAT CURB AT ACCESS AISLE LOUCKS PLATE NO. LoILICKs 4 TYPICAL ADA PARKING 2036 DRAWN 12/2016 OPTION #1 DISHED GRADE BIT. WEAR COURSE, q/DOT 2360 SPWEA340F '7778" CK COAT, MN/DOT 2357 BIT. WEAR COURSE, MN/DOT 60 SPWEB340F AGG. BASE, CLASS 5 OR 2 MN/DOT 3138 12" SELECT GRANULAR MATERIAL MNDOT 3149.2 VED SUBGRADE OPTION #2 FINISHED GRADE 1.5" BIT. WEAR COURSE, MN/DOT 2360 SPWEA240B 2" BIT. WEAR COURSE, MN/DOT 2360 SPWEB340F TACK COAT, MN/DOT 2357 2" BIT. NON -WEAR COURSE, MN/DOT 2360 SPNWB330B 10" AGG. BASE, CLASS 5 OR 6 MN/DOT 3138 MNDOT 3733 TYPE 9 GEOTEXTILE APPROVED SUBGRADE PAVEMENT SECTION TO BE VERIFIED WITH GEOTECHNICAL REPORT LOUCKS PLATE NO. LDUCKS BITUMINOUS PAVEMENT 2032 SECTION DRAWN 12/2016 Ps LoUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. 06/13/22 CITY AMENDMENT TO C.U.P FOR P.U.D 07/05/22 SUPPLEMENTAL CITY SUBMITTAL NR��RION CON EXISTING PLAN C1-2 SITE DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING &DRANINGS PLAN C3-2 SWPPP NOTES C4-1 UTILITY PLAN C8-1 CIVIL DETAILS L2--1 LANDSCAPE PLAN L3-1 LANDSCAPE DETAILS I N N O N M 10 O 0 IL GAS �T f wIr\ i 7� SAN Bl/CSTRFET 1 -SAN � wIT \\ SIN wqr do \ \ s ti � 9sm N wIr\ \ � SIN wIr Cy \\ J19O. '%, SIN\ GAS ° SJ 2 GAS `¢39 AB � GA \ \ \ ♦♦ \ ♦\ \♦� `\ ♦\ \♦♦ `\ ALC \ \ \ \ ♦ ♦♦ \♦ \`♦ ♦♦ \♦ \`♦ ♦♦ \♦ \`♦ ♦♦ \♦ \`♦ ♦♦ \ `♦ ♦♦ \♦ \`♦ �♦ \♦ `♦ ♦ c sro \ ♦♦♦♦`♦♦♦♦♦♦`♦♦ ♦♦♦`♦♦♦♦♦♦`♦♦♦ ♦ ♦♦♦♦♦♦`♦♦♦♦♦♦` ♦ ♦♦`♦ sro_\\� ` `♦ \♦ ♦ ` ♦♦ ♦ ♦ ♦♦ ♦ `♦ ♦♦ LAWN AREA ♦ \♦ ♦ `♦ ♦ `♦ ♦♦ / `♦ \ \ ` \ \ ` \ \ ♦ \ \ ♦ � ♦ \ \ ` \957 `♦ � 5 ♦♦ ♦\` ♦\ ♦\ `♦ ♦♦ ♦\ `♦ ♦♦ ♦\ `♦ ♦♦ ♦\ `♦ ♦ \ `♦ ♦ ♦\ `♦ \ N\ IL Mfg TY �`� `� ♦� `\ `♦ ♦\ `\ `♦ \ `\ `♦ \`\ `♦ \ `\ ` / �. \ `♦ \♦� ` \ \♦♦ ♦\ \ `♦ \♦ LIMITS OF IRRIGATION (TYP.) �`. LANDSCAPE ♦ ♦ ` 4 \ EDGING (TYP.) \`♦\♦ �` \♦ ` / Mf2 \ ROCK MULCH (TYP.) ° 4 `♦ ♦ ♦ ` ° TY \♦\ `♦ ♦♦ \♦ �7 /+7 PROPOSED BUILDING 11 0 N \ \ �\ \ \ �\ \ \ \\ \ \ Mf2 1 7W -4 ♦ \ `\ \ 1 I \ \\ \ ♦ \\ \ ♦ \ ♦ \\ \ ♦ \ QB / `\ ♦ \ `\ 3 \\ \� ` `♦ \\ \ \. I \ \ \ \ \ \ \ \ \ \ TY 1Z N 4 \�\\`\`\\\\`\` �`\ ` ` + TY`�\�\�\`��♦& \ / d \ `� \ ` \ \ ` �.\ \ TA PROPOSED \\ `\ \ \ `\ � \\ �, ° ° AREA OUTDOOR PLAY REA \1;Z ° ° ' N �� `\ \ . ° `\ \\ \ `\ BS ' 4 �?i \ \ \ . \ ♦ \ ♦ ♦ . - / 2qQ F ♦ \\ \ \` \\ \` \\ / /qB \ ♦ \ ♦ \ a ` \\ LAWN AREA \\ \ \ G 9 4`.� 4\\ d \� NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM A ALTA/NSPS LAND TITLE SURVEY,PROVIDED BY OTHERS DATED MAY 1512022. PLANT SCHEDULE DECIDUOUS TREES CODE QTY COMMON NAME BOTANICAL NAME CONT SIZE SIZE • AB 6 AUTUMN BLAZE MAPLE Acer freemanii 'Autumn Blaze' B & B 2"Cal 18" - 24" O.C. • QB 4 SWAMP WHITE OAK Quercus bicolor B & B 2"Cal • EVERGREEN TREES CODE QTY COMMON NAME BOTANICAL NAME CONT SIZE SIZE 0 BS 2 BLACK HILLS SPRUCE Picea glauca 'Densata' B & B OVER FABRIC 6' HGT FULL FORM SEED TURF SEED ORNAMENTAL TREES CODE QTY COMMON NAME BOTANICAL NAME CONT SIZE SIZE • IL 5 IVORY SILK TREE LILAC Syringa reticulata 'Ivory Silk' B & B 1.5"-2.0" SHRUBS CODE QTY COMMON NAME BOTANICAL NAME MIN CONT MIN SIZE FIELD3 SPACING OMf2 32 GOLD TIDE FORSYTHIA Forsythia x 'Courtasol' 5 gal 24" HGT 48" o.c. CONIFEROUS SHRUBS CODE QTY COMMON NAME BOTANICAL NAME MIN CONT MIN SIZE FIELD3 SPACING 0 TY 42 TAUNTON YEW Taxus x media 'Taunton' 5 gal 18" SPRD 48" o.c. QTA 3 TECHNY ARBORVITAE Thuja occidentalis 'Techny' 10 gal 36" HGT 84" o.c. GROUND COVER SCHEDULE GROUND COVERS CODE COMMON NAME BOTANICAL NAME =' ,• PERENNIAL PLANTINGS •'. • . PEREN PLANTINGS PLACED • 18" - 24" O.C. STONE MULCH • GRAY TRAP ROCK 2 1/2" MINUS 3" DEPTH • ; ; ; OVER FABRIC SEED TURF SEED 7th St E, Monticello, MN 55362 IL .. LOUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com CADD files prepared by the Consultant for this project are instruments of the Consultant professional services for use solely with respect to this project. These CADD files shall not be used on other projects, for additions to this project, or for completion of this project by others without written approval by the Consultant. With the Consultant's approval, others may be permitted to obtain copies of the CADD drawing files for information and reference only. All intentional or unintentional revisions, additions, or deletions to these CADD files shall be SITE LANDSCAPE REQUIREMENTS: made at the full risk of that party making such revisions, additions or deletions and that party shall hold harmless and indemnify the Consultant from any & all responsibilities, claims, and liabilities. SITE AREA: 67,719 S.F. OR 1.5 ACRES (SURVEY DATED MAY 15, 2022) SUBMITTAUREVISIONS TREE CALCULATION: 06/13/22 CITY AMENDMENT TO 10.0 ACI OF CANOPY TREES (INCLUDING AT LEAST 1 EVERGREEN TREE) PER ACRE C.U.P FOR P.U.D CANOPY TREES REQUIRED [10.0 x 1.5 acres =15 ACI / (2.0" CALIPER PER TREE) = 8 CANOPY TREES EVERGREEN TREES REQUIRED[ 1.0 x 1.5 acres = 2 (6 FEET TALL ASSUME 2.0" CALIPER) = 2 EVERGREEN TREES TOTAL TREES REQUIRED = 8 TREES TREES PROVIDED: CANOPY TREES = 6 EVERGREEN TREES = 2 TOTAL TREES = 8 SHRUB CALCULATION: AT LEAST 2 SHRUBS PER EACH 10 FEET OF BUILDING PERIMETER (380 FEET) (1/2 OF REQUIRED SHRUBS NEED TO BE EVERGREEN) SHRUBS REQUIRED: 2 SHRUBS X 10 / 380 (38) = 76 TOTAL SHRUBS REQUIRED = 76 SHRUBS PROFESSIONAL DECIDUOUS SHRUBS: 22 SHRUBS I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that EVERGREEN SHRUBS: 45 SHRUBS I am a duly Licensed Landscape rc}ect under the laws TOTAL SHRUBS PROVIDED: 77 SHRUBS of the State of Minne K N0 N enILAo PARKING LANDSCAPE REQUIREMENTS: Li Ll53757 ONE (1) CANOPY OR UNDERSTORY TREE PER 180 S.F. OF PARKING ISLANDS AND SHRUBS AS NECESSARY TO OCCUPY AT LEAST 25% OF ISLAND AREAS. D tq 06/13/2022 TOTAL PARKING ISLAND AREA - 720 S.F. QUALITY CONTROL Loucks Project No. 22328 TREES REQUIRED = 4 TREES Project Lead MJS 25% OF PARKING ISLANDS AREA- 180 S.F. Drawn By KVK/NLH Checked By KVK TREES PROVIDED = 4 TREES Review Date 06/13/2022 GENERAL NOTES: SHEET INDEX CONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. HE SHALL INSPECT SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE 1-2-1 LANDSCAPE PALN OF WORK. VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND 13RING TO THE ATTLNTION OF THE LANDSCAPL ARCHITLCT ANY DISCREPANCIES WHICH MAY COMPROMISE THL DESIGN AND/OR INTENT OF THE PROJECT'S LAYOUT. ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK OR MATERIALS SUPPLIED. CONTRACTOR SHALL PROTECT ALL EXISTING ROADS, CURBS/GUTTERS, TRAILS, TREES, LAWNS AND SITE ELEMENTS DURING PLANTING OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THE OWNER. CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES. CONTRACTOR TO PROVIDE THE NECESSARY PROTECTION FOR THE UTILITIES BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS. CONTRACTOR TO NOTIFY GENERAL CONTRACTOR OF ANY CONCERNS PRIOR TO INSTALLATION OF PLANTINGS. EXISTING CONTOURS, TRAILS, VEGETATION, CURB/GUTTER AND OTHER EXISTING ELEMENTS BASED UPON INFORMATION SUPPLIED TO LANDSCAPE ARCHITECT BY OTHERS. CONTRACTOR SHALL VERIFY ANY AND ALL DISCREPANCIES PRIOR TO CONSTRUCTION AND NOTIFY LANDSCAPE ARCHITECT OF SAME. THE ALIGNMENT AND GRADES OF THE PROPOSED WALKS, TRAILS AND/OR ROADWAYS ARE SUBJECT TO FIELD ADJUSTMENT REQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE TREE REMOVAL AND GRADING. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT. _ CALL BEFORE YOU DIGI WARNING: N Gopher State One Cal I THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY TWIN CITY AREA: 651-454-0002 COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF TOLL FREE: 1-800-252-1166 LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 1 20 40 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED SCALE IN FEET DURING CONSTRUCTION AT NO COST TO THE OWNER. Y .cp /.8 / 0. • �/aai • • 0. 1. 1.4 1 0 w 0 0 o m c m m -1 O X -H m o° s c I ;Ir m p C m ti N N -.i C 0 a a c a E 3 0 a o ro .c o m 0 • >4 . 0. 9 0.7 0. 0.7 0.9 0 6 0.7 0. 9 0.5 0.6 0.8 0.6 0.7 0.3 0.4 0. 0. 6 0.3 0.4 0.4 0. 1. 1.4 9 2.5 1.2 1.5 .0 2.6 1.1 1.5 1 9 2.5 1. 1 1.4 1.8 2.3 1 0 1.2 1.6 .0 0.8 1.3 1.6 0.7 0. 9 1. 1 1.3 6 0.7 0.9 1.1 .4 4.7 6 4.9 3.4 .7 3.0 4. 0 2.5 3.3 1 2.6 1.6 0 1.6 .• .5 6.9 9. 11.6 3 L 2 8.4 10.4 11.2 10.3 ' : 5. 38 8.9 8 3 6. 9 .3 0 _ 4.2 1 6.0 6.5 .2 5.5 4.5 3.6 3.0 3.2 8 4.4 4.7 4.6 .3 3.2 ` 2 AA TM9 3.2 3.4 3.5 3.3 3.1 2.8 2. r � 1.8\ 2•.1 2.4 2.6 2.6 2.6 2.5 2.4 2.4 \ 5 2.5 L 2.5 x) r J 2. 2.8 3 •• 2. 3.1 3.7 4.7 + rl �i 6.2 8. • r� �.� �• m m o "a 4 m c s U v wv a�iaa" u� E�1 ski mi mcmmms+ oam"a",qroms, .o v"N�tr °arnc v an0 41 umooo "°4 a . _H 7 0 H =., a i I m a N 0 E C m a O f S P C N N N O N N !k m a o v a c v m m 0 0 tl ° Oc ae o �aarowcmmGca m❑ m w ,5� mm a, c m ro a c a c N a aai ° m m c ro -H 41 P4 0 Q a s x m N A c N 0 v m N +� R, >. E 0 CL O 0 , , U O s c N o ..� O E, -i w e s+ a, a m c O m 1 wO c x c mHa 0p: > C C O~ U N N c aa x ro sm m a ,C o O m m m m w/AA) o_ ro m a n s,4 a s >+ W' m N m N aJ C C C U 11N �roaH, ro c .cN O aaV CO -1- ro00.5 N O aNU sU 0„H iro O .O°, a m a m m sm, N u m e a -moi w c b m m o c o° o 0'0o 0 .°,P, m> c z N Pa E aai .�C N N U b OU 0` a O .,i MIC I W a >. c N w ..-i -moi s u '0_ - A c o w p o" v a n p> v c a sro Nam a a u a)N m a m m o w so c w Has -Heweao m 0.2 0.3 0.3 0. .4 5 0.6 0.7 0.8 0 1.2 1.4 1.6 1.8 2.0 2.1 2.2 2.2 2.2 2. 2.7 3 4.0 5.2 6.8 .0 11. 1 . } 0.3 0.4 0.4 0. 0.6 0.7 0.8 rl.1 1.3 1.4 1.6 1.7 1.8 1.8 1.9 2.0 2.3 2.6 3.1 3.8 S. 6.6 8.7 10. 11.8 11 .8'. A%j At�0. ra r 0.3 0.4 0. 0.6 0.3 4.% 0.5 r b 0.4 A 04 �: I • • 1m } I A } r 1 •� •• I 0.8 .5 0.6 .5 4 • rL 41F'. .9 `'� 1 1.2 1.3 1.5 1.6 1.7 1.8 0 0 P9 l 1.2 1.3 1.5 1.6 - 0.6 0. 7: 0.9 .0 r.1 1 1.4 �� L . 6 0. 7 0. 8 0. 9 1. 0 . 1 1. 2 0.5 .6 0.7 .7 0.8 .9 .0 0.5 0.6 0. 0.8 0. 0.5 6 0.7 0.8 6 •7~ •� S T �• ti•• .•:. ti •}•' .' 2.1 1.8 1.6 1. 4 1� 1 0 0.8 0 0.6 2.4 2.8 2.1 2.5 1.8 2.2 1. 6 1. 8 1.3 1.6 , 1 1 1. 1.1 0.8 0.9 0.8 0.7 �� ti 3.5 4.4 3.0 3.8 2.6 3.1 2. 2 2. 6 1.8 2.1 , 1 5 1.8 1.3 1.5 1.1 .2 0.9 1 1 0.9 0. • S.7 7. 6 9. 9.2 7.7 5.9 4.7 S. 6.7 7. 7.1 6 5.3 4 3 3.8 4.5 5.5 5.0 i 5.3 4.8 4.3 3. 0 3 .�' ••4 . 0 4. 3 4. 5 4. 5 4. 2.5 L• 3.2 3.6 3.8 4.0 4. 4.9 w .0 2.3 2.7 3.0 3.4 3.7 5.2 1 2.0 2.3 2.6 3.0 3.5 5.3 1. .7 2.0 2.3 2.7 3.3 4. 5.1 1.2 1.4 1 ' 2.4 2.9 3. 4.5 a _ I ' .0 1.2 1.4 .5 3. 3.7 0. 0 1.4 .7 .0 2. 3.0 1. 1.2 .4 1.6 2.3 1. 1. 1.5 1. 1. 1.4 i1 1. 3.4 •2•1 3.8 3.4 . 5 4. 6 5.5 6.4 .9 6. 9.0 6.7 8.8 5.8 7.5 4.7 5.9 3.7 4.4 '•8.11 1 2 1.6 1.8 1.3 Q) ~_ 3 0 2"--6 . 4 3. 9 3. 3 2'•5• 6.7 6.5 5.4 4.0 2.8 .8 9.3 9.8 8.7 6.5 4.3 2.7 1 12.3 11.4 8.8 5.9 3 2. 11.2 12.6 6.7 4.5 2.9 9.4 1 10.3 8.5 6.4 4.5 3.1 � r 4r 7.1 7.9 7.8 8 5.4 4.0 2.9 5.2 5.6 5.6 5.1 4.3 3.4 2.6 3.7 4.0 4.0 3.7 3.3 2.7 2 2 9 2.9 2.8 2.5 2 1.8 F 2.0 1 1.9 1.7 1 4 1.5 . 6 1.6 5 1.4 .2 1.5 0.9 0.6 1.9 1.2 0.7 0.5 2.1 1.4 0.9 .1 1. .0 1.9 .5 1 1.3 .5 a) 0 cA c� U (n N O N Q �' Cz 0 CO N E - jl cn (d CO m Q Q >, CO Q 0 N J E CM z .0 0 J Q y C CO Q >1 2 m 5 CO Ir o 0 CD> N Ip • LLL 'f ` �•i�F } ~ ~ LLL. .•• - %LL L � S } 1 jr Z im 1 1.1 je 1.2 1.2 1.1 .8 > LL IL N C 0 Q o o 0 U CO CO L Scale: 1 inch= 10.00 Ft. Calculation Summary Label CalcType Units Avg Max Min Avg/Min Max/Min Description PtSpcLr PtSpcTb Meter Type CalcPts_1 Illuminance Fc 2.93 12.6 0.2 14.65 63.00 Readings Taken 0'-0" AFG 5 5 Horizontal Luminaire Schedule Symbol Qty Tag Label Arrangement Lum. Lumens Arr. Lum. Lumens LLF Description Lum. Watts Arr. Watts Total Watts Filename t=,U 15 0 2 3 A a17 -3t150 SINGLE 21180 21180 1.000 A17 -3T150 149.08 149.08 447.24 a17-3t150.ies * * *LAYOUT AND BOM ARE SUBJECT TO APPROVAL Expanded Luminaire Location Summary LumNo Tag X Y MTG HT Orient Tilt 1 A 137.553 189.106 20 243.435 15 0 2 A 208.553 153.106 20 243.435 15 m m 3 A 249.553 111.106 20 243.435 15 cd Total Quantity: 3 w N W N O A 0 0 W ro c v W o 'd ro C U 0 U c 0 U 0 W O N 0 0 A a PE W ° a s aNi aroi m N 4, W m N N N N P a E N 4 a O ro a o U N 0 3 G c S U v av aaiav" A 0 E P ° E m ro m 1 , N a m c m U 0� 0 v� m 0 N P 0 N V c U m O 41 „ ro W ." U t")w Poa m row U x N o W rote E c H 0 W r s a C W -H oxmv°ONay W q UJ N >r y P o v > a -41 c E P -a A�wi�sroo SO08, o U s+ o —0 -0 - :HW aN U N H ti ro C C a a) N 3 N° N C 41 P4 0 v m soi 0, a v o w c ., c4 y E E rn 10 C O~ U G N N O O D U u1 ro W c aN m w > 0 1 C.: o Ev O N a m c U a 0 c4 'W0`0 ro '0 "m v a o m m� m m a c o -" o w s m > c t� c ow".i sU ro- warm>°N'amaP a" a N> n a w m m 0 > N O til N 1� til LL N H iL 4 ti E W E% O NOTES: * The light loss factor (LLF) is a product of many variables, only lamp lumen depreciation (LLD) has been applied to the calculated results unless otherwise noted. The LLD is the result (quotient) of mean lumens / initial lumens per lamp manufacturers' specifications. * Illumination values shown (in footcandles) are the predicted results for planes of calculation either to the plane of calculation. * The calculated results of this lighting simulation represent an anticipated prediction of system performance. Actual measured results may vary from the anticipated performance and are subject to means and methods which are beyond the control of the designer. * Mounting height determination is job site specific, our lighting simulations assume a mounting height (insertion point of the luminaire symbol) to be taken at the top of the symbol for ceiling mounted luminaires and at the bottom of the symbol for all other luminaire mounting configurations. * RAB Lighting Inc. luminaire and product designs are protected under U.S. and International intellectual property laws. horizontal, vertical or inclined as designated in the calculation summary. Meter orientation is normal Patents issued or pending apply. 0 a) 0 0 - n n W N O W (D a) c10 Q 0 CZ CZ 0 0 U) 4-1 ON O N 73 CO E m m _O W cd (Z 0 co a) cd Cn 0 U- NOTES: * The light loss factor (LLF) is a product of many variables, only lamp lumen depreciation (LLD) has been applied to the calculated results unless otherwise noted. The LLD is the result (quotient) of mean lumens / initial lumens per lamp manufacturers' specifications. * Illumination values shown (in footcandles) are the predicted results for planes of calculation either to the plane of calculation. * The calculated results of this lighting simulation represent an anticipated prediction of system performance. Actual measured results may vary from the anticipated performance and are subject to means and methods which are beyond the control of the designer. * Mounting height determination is job site specific, our lighting simulations assume a mounting height (insertion point of the luminaire symbol) to be taken at the top of the symbol for ceiling mounted luminaires and at the bottom of the symbol for all other luminaire mounting configurations. * RAB Lighting Inc. luminaire and product designs are protected under U.S. and International intellectual property laws. horizontal, vertical or inclined as designated in the calculation summary. Meter orientation is normal Patents issued or pending apply. 0 a) 0 0 - n n W N O W c10 0 U) 4-1 O a) CZ J Q W O Z O � N J � a17 -3t150 NOTES: * The light loss factor (LLF) is a product of many variables, only lamp lumen depreciation (LLD) has been applied to the calculated results unless otherwise noted. The LLD is the result (quotient) of mean lumens / initial lumens per lamp manufacturers' specifications. * Illumination values shown (in footcandles) are the predicted results for planes of calculation either to the plane of calculation. * The calculated results of this lighting simulation represent an anticipated prediction of system performance. Actual measured results may vary from the anticipated performance and are subject to means and methods which are beyond the control of the designer. * Mounting height determination is job site specific, our lighting simulations assume a mounting height (insertion point of the luminaire symbol) to be taken at the top of the symbol for ceiling mounted luminaires and at the bottom of the symbol for all other luminaire mounting configurations. * RAB Lighting Inc. luminaire and product designs are protected under U.S. and International intellectual property laws. horizontal, vertical or inclined as designated in the calculation summary. Meter orientation is normal Patents issued or pending apply. 0 a) 0 0 - n n W N O A17-3T150SF Color: Bronze Technical Specifications Weight: 13.2 lbs Compliance THD: LIL Listed: 3.96% at 120V, 8.22% at 277V Suitable for wet locations IESNA LM -79 & LM -80 Testing: RAB LED luminaires and LED components have been tested by an independent laboratory in accordance with IESNA LM -79 and LM -80. DLC Listed: This product is listed by Design Lights Consortium (DLC) as an ultra -efficient premium product that qualifies for the highest tier of rebates from DLC Member Utilities. Designed to meet DLC 5.1 requirements. DLC Product Code: PLHVLH9ZGFNP Electrical Driver. Constant Current, Class 2,120-277V, 50/60Hz, 120V: 1.50A, 208V: 0.70A, 240V: 0.70A, 277V: 0.60A Dimming Driver: Driver includes dimming control wiring for 0-10V dimming systems. Requires separate 0-10V DC dimming circuit. Dims down to 10%. Power Factor: 99.8% at 120V, 95.6% at 277V Surge Protection: 10kV Performance Project: T pe: Prepared By: Date: J Driver Info Type Constant Current 120V 1.50A 208V 0.80A 240V 0.70A 277V 0.06A Input Watts 149.08W Lifespan: 100,000 -Hour LED lifespan based on IES LM -80 results and TM -21 calculations Construction IES Classification: The Type III distribution is ideal for roadway, general parking and other area lighting applications where a larger pool of lighting is required. It is intended to be located near the side of the area, allowing the light to project outward and fill the area. LED Info Watts 150W Color Temp 5000K (Cool) Color Accuracy 70 CRI L70 Lifespan 100,000 Hours Lumens 21,594 Efficacy 144.81m/W Cold Weather Starting: The minimum starting temperature is -40°C (-40°F) Maximum Ambient Temperature: Suitable for use in up to 40°C (104°F) Lens: Polycarbonate lens Housing: Die-cast aluminum housing, lens frame and mounting arm Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright o 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at anytime without notice Page 1 of 3 A17-3T150SF Technical Specifications (continued) Construction IP Rating: Ingress protection rating of IP65 for dust and water Vibration Rating: 3G vibration rating per ANSI C136.31 EPA: 1 Fixture: 0.66 2 Fixtures at 90°: 0.80 2 Fixtures at 180°: 1.32 3 Fixtures at 90°:1.32 4 Fixtures at 90°:1.32 Mounting: Slipfitter with 180° pivot available for mounting on 2 3/8" tenon Dimensions Finish: Formulated for high durability and long-lasting color Green Technology: Mercury and UV free. RoHS-compliant components. LED Characteristics LEDs: Long -life, high -efficiency, surface -mount LEDs Color Uniformity: RAB's range of Correlated Color Temperature follows the guidelines of the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377-2017. 263/4' 11 Other 5 Yr Limited Warranty: The RAB 5 -year, limited warranty covers light output, driver performance and paint finish. RAB's warranty is subject to all terms and conditions found at rablighting.com/warranty. Buy American Act Compliance: RAB values USA manufacturing! Upon request, RAB may be able to manufacture this product to be compliant with the Buy American Act (BAA). Please contact customer service to request a quote for the product to be made BAA compliant. Ordering Matrix Family Distribution Wattage/Lumens Mounting Color Temp Driver Options A17 H 3T F 150 F SF __:J [ I �1 3T=Type 111 70=70W/10,000LM Blank= Universal Pole Mount Blank=5000KCool Blank= 120 -277V,0 -10V Blank= No Option 4T=Type IV 100= 100W/15,000LM SF= Slipfitter (Factory installed N = 4000K Neutral Dimming /3PRS = 3 -pin Receptacle and 5T=Type V 150 = 150W/22,50OLM SF available in 150W) /480=480V,0 -10V Shorting Cap 200=200W/30,000LM Dimming' /7PRS=7-pin Receptacle and 240 = 240W/36,000LM Shorting Cap 300 = 300W/45,000LM /MVS = Microwave Motion 375 = 375W/51,800LM Sensor /LC = Lightcloud® Controller 480V driver available standard on 150W and 300W and by special order on 100, 240 and 375W. Not a vailable on 70W or 200W models. Type 11 distribution available as special order Wall mount and adjustable universal pole mount available as optional field -installed accessories Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright o 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at anytime without notice Page 2 of 3 A17-3T150SF Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright o 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at anytime without notice Page 3 of 3 PS4-11-20WT Square steel poles with welded tenon included for use with floodlights. Designed for ground mounting. Poles are stocked nationwide for quick shipment. Protective packaging ensures poles arrive at thejob site good as new. Color: Bronze Weight: 138.0 lbs Technical Specifications Compliance Color: CSA Listed: Bronze powder coating Suitable for wet locations Tenon: Construction Welded 2 3/8" tenon included Shaft: Height: 46,000 p.s.i. minimum yield. 20 FT Hand Holes: Gauge: Reinforced with grounding lug and removable cover 11 Base Plates: Wall Thickness: Slotted base plates 36,000 p.s.i. 1/8 Shipping Protection: All poles are shipped in individual corrugated cartons to prevent finish damage Project: Prepared By: T pe: Date: Shaft Size: 4" Hand Hole Dimensions: 3"x5„ Bolt Circle: 81/2" Base Dimension: 8" Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright © 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at any time without notice Page 1 of 2 PS4-11-20W7 Technical Specifications (continued) Construction Pre -Shipped Anchor Bolts: Weight: Bolts can be pre -shipped upon request for additional 138 lbs freight charge Anchor Bolt: Max EPA's/Max Weights: Galvanized anchor bolts and galvanized hardware and anchor bolt template. All bolts have a 3" hook. Anchor Bolt Templates: WARNI NG Template must be printed on 11"x 17" sheet for actual size. CHECK SCALE BEFORE USING. Templates shipped with anchor bolts and available online. Dimensions M, 701VIPH 10.7 ft./360lb. 801VIPH 7.0 ft./3501b. 901VIPH 4.3 ft./350lb. 100MPH 2.5 ft./350lb. 110MPH 1.1 ft./350lb. 120MPH 0.1 ft./3401b Other Terms of Sale: Pole Terms of Sale is available online. Buy American Act Compliance: RAB values USA manufacturing! Upon request, RAB may be able to manufacture this product to be compliant with the Buy American Act (BAA). Please contact customer service to request a quote for the product to be made BAA compliant. Features Designed for ground mounting Heavy duty TGIC polyester coating Reinforced hand holes with grounding lug and removable cover for easy wiring access Pole caps, base covers & bolts are sold separately Custom manufactured for each application Need help? Tech help line: (888) 722-1000 Email: sales@rablighting.com Website: www.rablighting.com Copyright o 2022 RAB Lighting All Rights Reserved Note: Specifications are subject to change at anytime without notice Page 2 of 2 � CITY of � Monticello July 27, 2022 Re: Sunny Day's Therapy City Project # 2022-028 PHONE: 763-295-2711 FAx:763-295-4404 505 Walnut Street I Suite 1 I Monticello, MN 55362 The Building/Fire Department has the following general comments for this project: 1. Provide fire truck turning radius on the civil plans. 2. Provide cross -access agreement, for fire truck circulation. These items may be submitted with building permit application. Please contact the Building Department with any questions. Sincerely, Ron Hackenmueller Building Official www.ci.monticel lo.mmus CITY OF Mont C o July 27th, 2022 Re: Sunny Days Therapy City Project # 2022-028 OFFICE: 763-295-2711 FAX: 763-295-4404 505 Walnut Street Suite 1 I Monticello, MN 55362 The Engineering Department has reviewed the Civil Plan Set dated 7/5/22 as prepared by Loucks and offers the following comments: General Comments The City is not responsible for errors and omissions on the submitted plans. The owner, developer, and engineer of record are fully responsible for changes or modifications required during construction to meet the City's standards. 1. Our understanding is there is a cross -access agreement to connect the drivelanes to the two adjacent parcels. Please confirm. 2. Update storm sewer elevations, invert of C133 is higher than invert of C134. 3. Update SWPPP to current location, references cottonwood county. 4. Site disturbance is greater than so project will require Construction Stormwater permit from M PCA. 5. Update SWPPP to include certified SWPPP designer. 6. Provide EOF for depression on East side of the proposed building. Please have the applicant provide a written response addressing the comments above. Please contact the Engineering Department with any questions. Sincerely, Ryan Melhouse Project Engineer www.ci.monticeIlo.mn.us City Council Agenda: 8/22/2022 2L. Consideration for adopting Resolution 2022-92 approving an update to the Mississippi River Trail (US Bicycle Route 45) route for Monticello. Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/City Engineer 8/22/2022 ❑ Regular Agenda Item Reviewed by: Approved by: Community Development Director City Administrator ACTION REQUESTED Consideration of adopting Resolution 2022-92 approving an update to the Mississippi River Trail route for Monticello. PREVIOUS COUNCIL ACTION November 22, 2010: Adopted Resolution 2010-73 supporting the Mississippi River Trail bicycle route through the City of Monticello. August 27, 2012: Adopted Resolution 2012-72 supporting the designation of the Mississippi River Trail bicycle route as a United States Bicycle Route between Lake Itasca State Park and Elk River. October 13, 2014: Adopted Resolution 2014-97 approving an agreement for the installation and maintenance of MRT route signs. REFERENCE AND BACKGROUND The Mississippi River Trail (MRT) is a bicycle corridor running from the headwaters of the Mississippi River in Lake Itasca State Park to the Gulf of Mexico in Louisiana. The MRT makes use of existing roadway shoulders, low-volume paved roads, and paved recreational trails located along the corridor. MNDOT requested the city review the current MRT alignment through the city and include any trails that have been added or other recommended changes to the route. Considering recent pathway improvements, enhanced safety and river views, staff recommended the following changes: • Move route to trail along Broadway Avenue connecting Hart Boulevard adjacent to the wastewater treatment plant. • Move route to the riverwalk trail that connects from Hart Boulevard to River Street behind the hospital. City Council Agenda: 8/22/2022 If approved, MNDOT will work on updating their mapping and some MRT route signs may need to be relocated by staff. Budget Impact: No budget impact is anticipated. II. Staff Workload Impact: Minimal staff time to make necessary changes to sign locations. III. Comprehensive Plan Impact: The Monticello 2040 Plan recognizes the Mississippi River as a major asset, recommending a strategy that seeks to fill system and access gaps along the river and "Maintaining the portion of the Mississippi River Trail through Monticello..." STAFF RECOMMENDED ACTION City staff recommends adopting Resolution 2022-92 approving an update to the Mississippi River Trail (US Bicycle Route 45) route through Monticello. SUPPORTING DATA A. Draft Resolution 2022-92 B. MRT Route Map CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION 2022-92 RESOLUTION OF CITY OF MONTICELLO STATING ITS SUPPORT TO UPDATE AND IMPLEMENT THE MISSISSIPPI RIVER TRAIL (U.S. BICYCLE ROUTE 4S). WHEREAS, bicycle tourism is a growing industry in North America, presently contributing approximately $47 billion dollars a year nationally to the economies of communities that provide facilities for said tourism; and WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has designated a corridor along the Mississippi River designated as United States Bike Route 45; and WHEREAS, the Minnesota Department of Transportation has offered opportunities to jurisdictions throughout the corridor to review route alternatives; and WHEREAS, the Minnesota Department of Transportation in cooperation with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail (United States Bicycle Route 45), a map of which is herein incorporated into this resolution by reference; and WHEREAS, the proposed Mississippi River Trail (United States Bicycle Route 45) traverses through City of Monticello and is expected to provide a benefit to local residents and businesses; and WHEREAS, the Minnesota Department of Transportation will continue to maintain statewide mapping and information regarding the Mississippi River Trail (United States Bicycle Route 45), convene meetings and facilitate resolving issues and future alignment revisions within the State, WHEREAS, the City of Monticello has duly considered said proposed route and determined it to be a suitable route through the City of Monticello and desire that the route be formally updated so that it can be appropriately mapped and signed, thereby promoting bicycle tourism locally and throughout Minnesota along the corridor. NOW THEREFORE IT IS HEREBY RESOLVED by the City of Monticello hereby expresses its approval and support for the update of the Mississippi River Trail (United States Bicycle Route 45) and requests that the appropriate government officials take action to officially designate the route accordingly as soon as possible. ADOPTED this 22nd day of August, 2022, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO CITY COUNCIL m Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk Proposed USBR 45 Route Changes - City of Monticello New Route Alignment on City Road New Route Alignment on City Trail Current Route Alignment on Road to be Removed Current Route Alignment on Trail to be Removed 2A 0 400 800 1,600 Feet Current Route Alignment on Road to Remain N 1 1 1 Current Route Alignment on Trail to Remain August 2022 City Council Agenda: 8/22/2022 4A. Consideration of an interim ordinance declaring a moratorium on the sale, testing, distribution, and/or manufacturing of products with hemp -derived THC (Tetrahydrocannibinol), and a prohibition on the acceptance of any applications for such sale. distribution. or manufacture. ADDlicant: Citv of Monticello Prepared by: Meeting Date: ❑ Consent Agenda Item Northwest Associated Consultants 08/22/2022 ® Regular Agenda Item (NAC), Community Development Director Reviewed by: Approved by: City Attorney City Administrator ACTION REQUESTED Decision 1: Consideration of adoption of an interim ordinance prohibiting the sale, testing, distribution, or manufacture of any products containing THC (Tetra hydrocannibonol), including those products with hemp -derived THC to allow for the City to study issues related to the State of Minnesota's legislation regarding such products, and consider regulations related to such activities. Motion to adopt Ordinance No. 783, an interim ordinance establishing a moratorium on the sale, testing, distribution, and/or manufacture of products containing THC, and prohibiting the City from accepting any such applications. PREVIOUS COUNCIL ACTION August 8, 2022: City Council tabled action on the proposed interim ordinance declaring a moratorium. REFERENCE AND BACKGROUND At the August 8, 2022 City Council meeting, the Council tabled action on the proposed interim ordinance. The Council directed additional discussion to be held at a workshop to occur on August 22, 2022. As an item tabled as part of the regular meeting, agenda, action on the original item is required. The original staff report and exhibits are provided below for reference. Property: N/A Planning Case Number: 2022-033 City Council Agenda: 8/22/2022 Request(s): Adoption of an interim ordinance for a moratorium on the sale, distribution, and/or manufacture of any products containing THC (Tetrahydrocannibonol), including those products with hemp - derived THC to allow for the City to study issues related to the State of Minnesota's legislation regarding such products, and consider regulations related to such activities. Deadline for Decision: N/A Project Description: The Minnesota Legislature enacted a new law allowing certain edible products to be sold which contain limited levels of hemp - derived THC (Tetra hydrocannibinol), which is the intoxicating chemical found in marijuana. The legislature placed only limited restrictions on the sales of these products, including prohibitions against marketing aimed at children, and avoiding unclear packaging or product identification. The League of Minnesota Cities is studying the legislation and is expected to develop additional guidance for Minnesota cities that wish to regulate the distribution of these products. In the interim, the City may consider its own regulations. The purpose of the proposed interim ordinance is to give the City of Monticello an opportunity to study the issue, consider its options, and track other studies and guidance that may be forthcoming from the League or other sources. ANALYSIS: The legislation, which became effective July 1, 2022, allows the sale of certain edible products containing a limited amount of intoxicating THC derived specifically from hemp (or beverages infused with THC). Prior to this, the state law limited sales to those cannabinoid products which contained non -intoxicating elements only. As noted above, the legislation placed only a few limitations on the sales, including the amount and levels of THC, and the marketing or packaging of products. The legislation exempts these products from State prohibition, although the US Food and Drug Administration has not approved them. For cities, the issues are likely to fall into three broad categories: licensing, zoning, and policing. For Monticello, the policing issue will be addressed through its contract with the Wright County Sheriff's Office. If the City adopts regulations, coordination with the Sheriff's Office will be an aspect of its enforcement. Licensing. Licensing issues would most likely relate to where and how such products may be sold. The legislature did not address this issue. The League has suggested that such products City Council Agenda: 8/22/2022 may not be sold in exclusive liquor stores, as those stores are subject to specific state regulations as to the acceptable products available, including limitations on food products. As such, the most commonly expected locations would be other retailers selling food (such as grocery or convenience stores), or specialty retailers that sell a variety of products, such as gift stores or similar. Related retailing questions would include those retailers that sell tobacco products. Separate regulations relate to tobacco retailing and licensing. Many communities have expressed interest in creating licensing regulations that mirror tobacco regulation. Finally, an area that has not been discussed broadly is the sale and consumption of such products in commercial settings — similar to "on -sale" alcohol sales. The state's tobacco licensing regulations address "sampling", in the sense that a city (if it chooses to) may limit the on-site consumption of tobacco. The introduction of these cannabinoids may suggest an interest in regulating consumption. Zoning. The City may choose to limit sales, distribution, or manufacture through zoning regulations. Some communities have discussed limitations on sales near schools or parks, and others have considered sales only in certain zoning districts. Every community would have different priorities or issues, depending on the physical layout of the city. It is conceivable that Monticello could consider a combination of licensing and zoning as a part of its study of the issues. The League of Cities materials also note the potential need to address transient sales (such as pop-up retailing) or vending sales. There are a handful of other zoning -related aspects that may come into play, depending on the approach taken by the City. Summary. Because the legislation was limited in its scope, there is a very wide range of questions to address. These range from whether the City would decide not to regulate these products at all (which it could choose to do), or to completely prohibit the sales altogether (which it appears it could also choose to do). Cities have the ability to regulate under the general "police powers", that is, for the health, safety, and general welfare of the community. Choosing a policy path will require discussion and study and developing regulations that reflect the chosen policy will require some time. In addition (as noted above), many, many other communities are currently engaged in this study, along with the League of Cities which is expected to provide additional guidance over time. Because enforcement of any regulations would be provided through the Sheriff's contract, this aspect will also require investigation. Finally, complicating the issue, is the conflict with Federal treatment of these products. As such, the proposed interim ordinance would pause any sales, distribution, or manufacture of these products in the City until the preferred path is chosen, and if appropriate, preferred regulations can be established. City Council Agenda: 8/22/2022 Staff Workload Impact: Completion of additional research and guidance for the City Council on possible options will required additional staff time. The final amount of staff time is estimated at 20 hours. II. Budget Impact: The budget impact for adoption of the ordinance is minimal and includes preparation of the ordinance and report, along with publication of the ordinance. As noted above, further study and any ordinance amendments will require time and resources to be determined. Funding would likely be from the Planning & Zoning Miscellaneous Professional Services item and/or the City's general legal budget. III. Comprehensive Plan Impact: Adoption of the interim ordinance will allow the City to evaluate the legislation and options for regulation consistent with the Monticello 2040 vision statement "A healthy community focused on physical and mental health and wellness of its residents." STAFF RECOMMENDED ACTION Staff recommend approval of the interim ordinance. The City has a full range of options, from no regulation to prohibition, and many points in between. Moreover, there has been some discussion that the legislature may take up the issue again in its 2023 session to create a more consistent framework, although that is speculation at this stage. In the interim, pausing such sales until the City can develop clear policy and then follow-up with any relevant regulations would be prudent at this time. SUPPORTING DATA A. Ordinance No. 783 B. Q & A, League of Minnesota Cities C. Added Exhibit — Excerpt, Article 13, Minnesota Statutes Ordinance No. 783 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF PRODUCTS CONTAINING THC NOW, THEREFORE, the City Council of the City of Monticello does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. § 151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3% and more than 0.0% of Tetrahydrocannabinol, commonly known as THC ("Products Containing THC"). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of Products Containing THC. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, sales, testing, manufacturing and distribution of Products Containing THC. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on Products Containing THC within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the land use location of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study Products Containing THC and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of Products Containing THC, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfare of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that it should make to City ordinances. 2228490 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of Products Containing THC within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute Products Containing THC for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to Products Containing THC for twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of Products Containing THC within the City of Monticello shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to Products Containing THC or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of Products Containing THC within the City of Monticello shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. 4. This moratorium does not apply to the selling, testing, manufacturing, or distributing of Products Containing THC related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of Products Containing THC within the City of Monticello. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Monticello from any potential negative impacts of Products Containing THC. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate or, as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code § 10.99. SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. 2228490 SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. ADOPTED by the Monticello City Council this 22nd day of August, 2022. Lloyd Hilgart, Mayor ATTEST Jennifer Schreiber, City Clerk 222849v3 LALEAGUE C MINNESOTA CITIES Cities and Regulation of Edible Cannabinoid Products Published: July 15, 2022 A new law was enacted at the end of the 2022 legislative session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. Since the enactment of the law, the League of Minnesota Cities has been researching and collecting information from state agencies and stakeholders to answer questions pertaining to local regulatory authority, law enforcement, taxing, and employment. The following frequently asked questions (FAQ) aim to provide information to cities on the new law to assist local governments in making decisions related to the law. The League will continually update the information below as necessary. (Updated July 28, 2022) Get answers to FAQs regarding the new law allowing certain edible and beverage products containing THC extracted from hemp to be sold. General information Q1. What does the new law do? Q2. Under the new law where are edible cannabinoids allowed to be sold? (Updated July 20, 2022) Q3. Could my city's municipal liquor store sell the edible cannabinoid products? (Updated July 20, 2022) _Q . What regulations are in place for packaging for edible cannabinoids? Q5. Are these products legal under federal regulations? (Updated July 22, 2022) Q6. Where do the edible cannabinoid products come from? Q7. How are the new products taxed? Enforcement and public safety Q8. How is the new law enforced? (Updated July 28, 2022) Q9. What arepenalties for someone who violates? Q10. How do our officers determine if a driver is under the influence of these new products? Q11. Could cities prohibit the sale of edible cannabinoids entirely? (Updated July 19, 2022) Q12. Is our city required to adopt regulations under the new law? City Licensing Q13. What authority do cities have regarding licensing the sale of edible cannabinoids? Q14. What types of restrictions should we consider in regulating cannabinoids? (Updated July 19, 2022) Q15. Can a city add edible cannabinoidproducts to its existing tobacco licensing- ram? Q16. If our city licenses edible cannabinoid products, how much can we charge as a license fee? Zoning Q17.What authority do cities have regarding zoning for where the products could be sold? (Updated July 19, 2022) Q18. Could cities adopt a moratorium prohibiting the sale, manufacturing or, distribution of cannabinoids so it can study the issue? City employment and personnel issues Q19. Does the new Minnesota legal cannabinoid law change anything about how we do drug testing for CDL holders? (Updated July 22, 2022) Q20. Does the new law change anything related to employees who carry a firearm? (Updated July 22, 2022) Q21. Are there now "acceptable" limits of cannabinoids for non -CDL employees for purposes of drug testing at work (i.e., those we test under state drug and alcohol testing law)? Q22. Can we still prohibit employees from being under the influence of cannabinoids while at work? Does the League have a model-_ olicy with updated language? Q23. Can employees be in possession of edibles or other cannabinoid products while at work? Q24. Do we need to change anything in our collective bargaining agreement with regard to discipline of employees who use cannabinoid products? -25. Can employees use cannabinoid products off-duty? Q26. How does this impact the requirements of the Drug -Free Workplace Act? Q27. Should my city still continue to include marijuana as apre-em ployment panel screen for my Non -DOT employees? (Updated July 19, 2022) General information Q1. What does the new law do? Al. It is now legal to sell certain edibles and beverages infused with tetrahydrocannabinol (THC), the cannabis ingredient extracted from hemp. The new law was passed by the Legislature as part of Chapter 98. Article 13 makes several changes to Minnesota Statutes, section 151.72 regarding the sale of certain cannabinoid (CBD) products. The changes took effect on July 1. The new law amends the scope of sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption. Previous law authorized a product containing nonintoxicating cannabinoids to be sold, but the authority to sell edible CBD products was unclear. The new law expands the authority to include nonintoxicating cannabinoids, including edible cannabinoid products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. Q2. Under the law, where are edible cannabinoids allowed to be sold? A2. The new law does not limit where edible cannabinoids products may be sold. However, certain businesses by their nature maybe be limited on their ability to sell the products. Liquor stores, for example, are limited to selling specific items set by Minnesota Statute, section 340A.412, subd. 14. The Alcohol and Gambling Enforcement Division (AGE) of the Minnesota Department of Public Safety has advised the League of Minnesota Cities that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. In addition, AGE has informed LMC that a liquor store's ability to sell food pursuant to Minnesota Statute,. section 340A.412, subd. 14 (b)., does not include edible cannabinoid products. Q3. Could my city's municipal liquor store sell the edible cannabinoid products? A3. Liquor stores are limited to selling specific items set by Minnesota Statute, section 340A.412, subd. 14. The Alcohol and Gambling Enforcement Division (AGE) of the Minnesota Department of Public Safety has advised the League of Minnesota Cities that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. AGE has advised LMC that CBD, hemp, or THC infused beverages are not intended to be mixed with alcoholic beverages and are not considered soft drinks. In addition, AGE has informed LMC that a liquor store's ability to sell food pursuant to Minnesota Statute, section 340A.412, subd. 14 .(b)., does not include edible cannabinoid products. Due to this guidance, LMC recommends cities refrain from selling such products at their municipal liquor stores. Q4. What regulations are in place for packaging for edible cannabinoids? A4. Along with testing and labeling requirements, an edible cannabinoid must meet several requirements, including that it: • Not bear the likeness or contain cartoon -like characteristics. • Not be modeled after a brand of products primarily consumed or marketed to children. • Not be made by applying an extracted or concentrated hemp -derived cannabinoid to a commercially available candy or snack food item. • May not contain an ingredient, other than a hemp -derived cannabinoid, that is not approved by the federal Food and Drug Administration. • May not be packaged in a way that resembles any commercially available food product. • Must not be packaged in a container that could reasonably mislead any person to believe that it contains anything other than an edible cannabinoid product. Q5. Are these products legal under federal regulations? A5. The 2018 Farm Bill made several changes to federal law related to hemp. Under the law, hemp was removed from the controlled substance act, including derivates, extracts, and cannabinoids, provided those substances contained less than 0.3% THC concentration. If a product contains more than 0.3% THC it is considered marijuana and not hemp. Pursuant to the Farm Bill, Minnesota has legalized the production of hemp through its industrial hemp program. Although hemp extracts that meet the mandated THC level are no longer controlled substances, the Farm Bill did not alter the authority of other federal agencies, including the Food and Drug Administration (FDA) from regulating hemp and hemp byproducts. Under current FDA regulations, CBD or THC products cannot be sold as a dietary supplement and cannot be added to food for humans or animals. Q6. Where do the edible cannabinoid products come f rom? A6. Under current law, these products can be manufactured in Minnesota but also imported from other states. Growing hemp in Minnesota is governed by the Department of Agriculture, though the MDA Hemp Program does not regulate cannabis extracts, development and manufacturing of cannabis extracts, or the retail and marketing of cannabinoid products. Cities may want to consider zoning implications for manufacturing and production of cannabinoid products. Q7. How are the new products taxed? A7. It is the understanding of LMC that edible cannabinoid products legalized under the new law are subject to Minnesota sales tax. LMC is waiting for more guidance from the Minnesota Department of Revenue to determine if any exemptions apply. The new law does not authorize cities to tax the products in their communities, however LMC is waiting on more information as to whether the products would be subject to a local food and beverage tax. Return to top of page Enforcement and public safety Q8. How is the new law enforced? A8. The Minnesota Board of Pharmacy has regulatory authority over drug products that are implicitly or explicitly intended for human or animal consumption. This includes products regulated in the new law. If a product does not meet all the requirements of the new law, the product may be considered misbranded or adulterated. The sale of a misbranded or adulterated product is a misdemeanor -level crime which is to be prosecuted by the county_ attorney_ where the offense took place. Questions regarding whether a specific product deviates from the requirements of the new law should be forwarded to the Minnesota Board of Pharmacy_. The Board of Pharmacy has provided a form to file complaints against licensed or unlicensed cannabis businesses and an inspection checklist to assist law enforcement. In addition, the new law limits the sale of CBD and THC products to persons over the age of 21. The sale of CBD and THC products to a person under the age of 21 is a misdemeanor -level crime which is to be prosecuted by the county attorney_ where the offense took place. Cities will need to work with local law enforcement and the county attorney to determine how to enforce this requirement. If cities desire to further regulate CBD and THC products within their jurisdiction, they will need to work with their city attorney to adopt local regulations. The League is working with the Minnesota Chiefs of Police Association and Minnesota Sheriff's Association to understand potential implications for law enforcement and identify additional questions pertaining to the enforcement of these new products along with employment related questions for law enforcement. Q9. What are penalties for someone who violates? A9. A violation of the new law is a misdemeanor. In most cases, the county attorney_ is charged with prosecuting these violations. Q10. How do our officers determine if a driver is under the influence of these new products? A10. The new law does not change the current rules relating to driving under the influence of a cannabinoid. Officers should use the same process to determine sobriety as they have used if they suspected a driver was under the influence of marijuana. Q11. Could cities prohibit the sale of edible cannabinoids entirely? All. In most states that have adopted adult use cannabis legislation, local governments are given the option to either opt -in or opt -out of cannabis in their communities. This framework helps to maintain local control of the cannabis issue. The new Minnesota law does not provide such an option. Therefore, the new law makes the new cannabinoid products legal in every city throughout the state. Without a clear opt -out option, the question as to whether a city could completely prohibit the sale of edible cannabinoids is an open question. One potential approach would be to follow the Minnesota House Research's suggestion to LMC that it may be possible for a city to classify cannabis edibles containing THC as an intoxicating cannabinoid and therefore would not be allowed under the new law. Arguments have also been made that a city may be able to prohibit the sale of edible cannabinoids products under its authority to provide for the health safety and welfare of its community. If a city were to attempt to prohibit edible cannabinoids under this authority, it would need to work with its city attorney to develop findings that clearly show the dangers of edible cannabinoids products and the need to prohibit the products. Cities may want to look at communities that have banned the sale of flavored tobacco products as a model for such prohibitions. Q12. Is our city required to adopt regulations under the new law? Al2. The new law does not require cities to take action in regulating the new products. If a city chooses not to adopt additional regulations, the sale and production of these new products will be governed by the city's existing zoning and other regulations. In addition, the new law gives local law enforcement power to enforce violations as a misdemeanor. Return to top of page City licensing Q13. What authority do cities have regarding licensing the sale of edible cannabinoids? A13. A city's authority to license comes from either a specific grant of authority from the Legislature or from its authority to provide for its general health, safety, and welfare. When a city official proposes local licensing of any activity or occupation, a city first must determine whether the state already licenses that activity and, if so, whether the law forbids or allows a local license. Q14. What types of restrictions should we consider in regulating cannabinoids? A14. If a city decides to regulate edible cannabinoids or other cannabinoid products, the types of regulations can vary from city to city. Some items a city may consider when drafting these regulations include: • What areas of the city edible cannabinoids may be sold or manufactured or distributed. • What business should be allowed to sell edible cannabinoids. • Age of person selling the product. • Location of products within retail establishment. • Pop-up sales. • Transient merchants. • Vending machines. • Distance from other uses (schools, parks, residential, etc.). • Distance between retailers. • Delivery services. • Online sales. • Limit number of establishments within the city. • Age verification. • Hours. • Background checks. Q15. Can a city add edible cannabinoid products to its existing tobacco licensing program? A15. The requirements and legal authority for tobacco products are unique to those products. While some aspects of tobacco regulations may be used when regulating edible cannabinoid products, the products and the authority to regulate them are quite different. If a city chooses to license edible cannabinoid sellers, it would be best to do so separately from tobacco regulations or be sure to carefully draft new language in an existing ordinance that follows the unique requirements of the new law. Q16. If our city licenses edible cannabinoid products, how much can we charge as a license fee? A16. When setting fees, cities should consider a number of things. First, cities should not view municipal licensing as a significant source of revenue. License fees must approximate the direct and indirect costs associated with issuing the license and policing the licensed activities. License fees that significantly exceed these costs are considered unauthorized taxes. This means a license fee may not be so high as to be prohibitive or produce any substantial revenue beyond the actual cost to issue the license and to supervise, inspect, and regulate the licensed business. Return to top of page Zoning Q17.What authority do cities have regarding zoning for where the products could be sold? A17. Nothing in the new law limits a city's zoning authority related to CBD and THC products. No Minnesota court has interpreted the limits on zoning authority in this context, but at least one court in another state has ruled that a state law related to cannabis did "not nullify a municipality's inherent authority to regulate land use under [state] law so long as the municipality does not prohibit or penalize all medical marijuana cultivation ... and so long as the municipality does not impose regulations that are unreasonable and inconsistent with regulations established by state law." DeRuiter v. Township of Byron, 505 Mich. 130, 949 N.W.2d 91 (2020). It is unknown if a Minnesota court would come to the same conclusion. Cities should be thoughtful and intentional about how zoning regulations related to cannabinoid products affect their communities and work with their city attorney to determine what, if any, zoning restrictions should be adopted. Cities will need to consider not only zoning regulations related to retail sales of CBD and THC products but also the manufacturing and production of the products within the city. Unless specifically differentiated in a zoning ordinance, a city's general manufacturing and production zoning provisions will likely apply to CBD and THC production as well. Q18. Could cities adopt a moratorium prohibiting the sale, manufacturing or, distribution of cannabinoids so it can study the issue? A18. A moratorium is a tool cities use to pause specific uses in order that the city may study the issue in anticipation of future regulations. A moratorium is limited to a period of one year. To adopt a moratorium, a city must follow the procedures in Minnesota Statute, section 462.355,. subd. 4. The statute specifies the specific instances where a city may adopt a moratorium. If a city were to adopt a moratorium prohibiting the sale or manufacturing of edible cannabinoid products, it should work with its city attorney to clearly state the legal justification for the moratorium. If a city does adopt a moratorium, it must actually review and study the issue or meet one of the other requirements of the statute. More information on moratoriums can be found in the LMC Zoning Guide for Cities. Return to top Qf page City employment and personnel issues Q19. Does the new Minnesota legal cannabinoid law change anything about how we do drug testing for CDL holders? A19. No, cities with positions requiring an employee to hold a commercial driver's license (CDL) will recall these positions are regulated by federal law, and those regulations are supervised by the Federal Department of Transportation (DOT). Federal law preempts state law related to cannabinoid use; in fact the DOT states in its DOT Recreational Marijuana Notice it does not authorize the use of Schedule I drugs, including marijuana, for any reason. As a result, cities should continue to follow their drug -testing procedures related to CDL holders and may enforce prohibitions against any use of cannabinoids for CDL holders, regardless of state law protections. Although there is a legal difference between marijuana and hemp, DOT warns CDL drivers the hemp products could lead to a positive marijuana test; therefore CDL holders are ultimately responsible if those products lead to a positive marijuana test. Cities can find more information on the effects of the new law on drug testing in the LMC Drug and Alcohol Testing Toolkit, starting on page 22. Q20. Does the new law change anything related to employees who carry a firearm? A20. No. Public safety employees who carry a firearm cannot lawfully use marijuana under federal law. Federal law prohibits cities from providing firearms or ammunition to an employee it knows or has reason to think is using marijuana. Although there is a legal difference between marijuana products and hemp products, it is the understanding of LMC that it may not be possible to differentiate the products in a drug test. Officers should be mindful of any substance they ingest because they are ultimately responsible if those products lead to a positive marijuana test. Q21. Are there now "acceptable" limits of cannabinoids for non -CDL employees for purposes of drug testing at work (i.e., drug and alcohol testing those we test under state law)? A21. There isn't a clear answer, since THC can remain in the body for several weeks after usage (and long after any intoxicating or impairing effects have since disappeared), so positive test results may not indicate any wrongdoing on the employee's part and may just be evidence of an employee's lawful actions done outside of work. The League of Minnesota Cities recommends that employers thoroughly document any suspicions of an employee being under the influence and to work closely with their city attorney(s) before taking any action against the employee. With this new area of law, a city may want to avoid relying on the results of traditional tests that detect metabolites remaining in a person's body (for many days or weeks after using marijuana) and instead focus on implementing reasonable -suspicion drug -testing protocols to detect marijuana intoxication based on behavioral observations. Keep in mind, employers may prohibit all employees from being under the influence while the employee is working. That would include employees who operate vehicles. Employers may want to revise their policies to clarify that employees still may not be under the influence of cannabis, legal or otherwise, while at work. The National Drug -Free Workplace Alliance offers a toolkit to help employers work through the complex and confusing issue of marijuana and the workplace. Q22. Can we still prohibit employees from being under the influence of cannabinoids while at work? Does the League have a model policy with updated language? A22. Yes, employers can continue to prohibit employees from being under the influence of cannabinoid products, including edibles, while at work. Although employers' obligations and restrictions related to marijuana use vary widely across the states, there is no law we are aware of that requires employers to allow cannabinoid use during work hours or to allow an employee to report to work impaired. Thus, employers may continue to maintain drug-free policies at the workplace and discipline employees who use cannabinoids during working hours or who report to work impaired. In fact, one could argue that under the Occupational Safety and Health Administration's (OSHA) General Duty Clause of the Occupational Safety and Health Act, employers are required to furnish a workplace free from recognized hazards that are likely to cause serious physical harm. This provision of the Act is typically used in accident cases where toxicology screens are positive. OSHA's new electronic recordkeeping rule, clarified on 10/11/2018, states "If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries," with respect to using drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees. Thus, if a city has a non -DOT drug -testing policy in place, a protocol following this guidance is important. The League has a Non -DOT Drug and Alcohol Testing and Drug -Free Workplace Act model policy_ that has been updated initially, and will be continually updated as the League learns more. Q23. Can employees be in possession of edibles or other cannabinoid products while at work? A23. Cities may enact policies prohibiting employees from bringing cannabinoid products, including edibles, to work. Q24. Do we need to change anything in our collective bargaining agreement with regard to discipline of employees who use cannabinoid products? A24. No, but ensure your city's drug -testing policy has been updated and your supervisors are trained on the behavioral signs and symptoms associated with impairment. Of course, if the collective bargaining agreement includes language that policy changes need to be negotiated, then there would need to be a meeting with the union if the city's policy changes. Q25. Can employees use cannabinoid products off - d uty? A25. It depends. Certain types of employees, such as law enforcement officers and other employees issued firearms and ammunition as part of their jobs, are subject to regulations from the federal Bureau of Alcohol, Tobacco and Firearms, which prohibits firearms and ammunitions to be given to individuals who do or are believed to use illegal drugs. As noted above, city positions required to hold a commercial driver's license are subject to Department of Transportation regulations and are not authorized for the use of Schedule I drugs, including marijuana, for any reason. Thus, these types of employees could be prevented from using cannabinoid products both on and off duty. Other employees who are not subject to that or other federal regulations would likely be able to use cannabinoid products while they are off duty, as there is nothing under Minnesota law which prohibits certain classes of employees from using cannabinoid products off duty, as long as they are not impaired at work. If there are any questions regarding whether an employee could be prevented from using cannabinoid products while off-duty due to federal regulations, please consult your city attorney before any action is taken. Q26. How does this impact the requirements of the Drug -Free Workplace Act? A26. It does not. The Drug -Free Workplace Act of 1988 (DFWA) requires federal grantees and contractors to implement a drug-free workplace policy and establish a drug-free awareness program as a precondition for receiving a federal grant or a contract. However, the DFWA does not require covered employers to test employees for drugs or terminate them for drug-related violations, so the new Minnesota state law does not impact the DFWA directly. Minnesota law allows employers to prohibit employees from bringing legal cannabinoid products to work and permits employers to prohibit employees from being under the influence while at work. It would be best practice for cities with drug-free work policies to keep those in effect. If a city wishes to do so, it can update its policy to include lawful cannabinoid products within its scope. Q27. Should my city still continue to include marijuana as a pre-employment panel screen for my Non -DOT employees? A27. That is for each city to decide for itself. Because currently there are no devices or blood tests available that measure marijuana impairment, and because a best practice approach for Non -DOT marijuana drug testing is to base testing on behavioral observations, some employers are excluding marijuana from their pre-employment Non -DOT drug screens. Some states even prohibit an employer from refusing to hire an applicant simply because of a positive drug test, but Minnesota is currently not one of these states at this time. Any city that chooses to continue to test for THC for Non -DOT positions must be aware of the fact that these substances may remain in an individual's system for weeks after the impairing effect of the drug has worn off. Thus, it will be difficult, if not impossible, to determine whether the positive test indicates usage in violation of the city's drug-free workplace policy or indicates lawful usage during an employee's time -off from work. Cities should consult with their city attorneys prior to taking any action based upon a positive drug test for THC. Your LMC Resource Research & Information Service staff members are ready to help you apply their broad knowledge to the issues you're dealing with today. Access online form to submit a question, or call us: (651) 281-1200 or (800) 925-1122 257 LAWS of MINNESOTA 2022 Ch 98, art 13, s 3 (ii) identifying best practices for rare disease care implemented in other states, at the national level, and at the international level that will improve rare disease care in the state and seeking opportunities to partner with similar organizations in other states and countries; (iii) identifying and addressing problems faced by patients with a rare disease when changing health plans, including recommendations on how to remove obstacles faced by these patients to finding a new health plan and how to improve the ease and speed of finding a new health plan that meets the needs of patients with a rare disease; ai:td (iv) identifying and addressing barriers faced by patients with a rare disease to obtaining care, caused by prior authorization requirements in private and public health plans; and fiv)_Uv identifying, recommending, and implementing best practices to ensure health care providers are adequately informed of the most effective strategies for recognizing and treating rare diseases; affd (2) advising, consulting, and cooperating with the Department of Health, including the Advisory Committee on Heritable and Congenital Disorders;; the Department of Human Services, including the Drug Utilization Review Board and the Drug Formulary Committee; and other agencies of state government in developing recommendations, information, and programs for the public and the health care community relating to diagnosis, treatment, and awareness of rare diseases..; (3) advising on policy issues and advancing policy initiatives at the state and federal levels; and (4) receiving funds and issuing grants. (b) The advisory council shall collect additional topic areas for study and evaluation from the general public. In order for the advisory council to study and evaluate a topic, the topic must be approved for study and evaluation by the advisory council. (c) Legislative members may not deliberate about or vote on decisions related to the issuance of grants of state money. Subd. 5. Conflict of interest. Advisory council members are subject to the Baetfd of Regents poliie-y an ean flief.. advisory council's conflict of interest policy as outlined in the advisory council's operating procedures. Subd. 6. Annual report. By January I of each year, beginning January 1, 2020, the advisory council shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education and health care policy on the advisory council's activities under subdivision 4 and other issues on which the advisory council may choose to report. EFFECTIVE DATE. This section is effective July 1, 2022. Sec. 3. Minnesota Statutes 2020, section 151.72, subdivision 1, is amended to read: Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder. (c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. Official Publication of the State of Minnesota Revisor of Statutes Ch 98, art 13, s 3 LAWS of MINNESOTA 2022 258 (�)_(dj "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. (e) "Label" has the meaning given in section 151.01, subdivision 18. (e) "Labeling" means all labels and other written, printed, or graphic matter that are: (1) affixed to the immediate container in which a product regulated under this section is sold;,&f (2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets...; or (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode. (g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. (h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Sec. 4. Minnesota Statutes 2020, section 151.72, subdivision 2, is amended to read: Subd. 2. Scope. (a) This section applies to the sale of any product that contains cannabinoids extracted from hemp athef than food and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. (b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. (c) The board must have no authority over food products, as defined in section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from hemp. Sec. 5. Minnesota Statutes 2020, section 151.72, subdivision 3, is amended to read: Subd. 3. Sale of cannabinoids derived from hemp. (Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f). No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (2) to affect the structure or any function of the bodies of humans or other animals. (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. d) Products that meet the requirements of this section are not controlled substances under section 152.02. Official Publication of the State of Minnesota Revisor of Statutes 259 LAWS of MINNESOTA 2022 Ch 98, art 13, s 7 Sec. 6. Minnesota Statutes 2020, section 151.72, subdivision 4, is amended to read: Subd. 4. Testing requirements. (a) A manufacturer of a product regulated under this section must submit representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: (l) contains the amount or percentage of cannabinoids that is stated on the label of the product; (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, or heavy metals; and (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. (b) Upon the request of the board, the manufacturer of the product must provide the board with the results of the testing required in this section. (c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession of a certificate of analysis for such hemp, does not meet the testing requirements of this section. Sec. 7. Minnesota Statutes 2021 Supplement, section 151.72, subdivision 5, is amended to read: Subd. 5. Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (l) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed;; er. (4) instead of the inf9fmation fequifed in elauses (1) to (3), a seannable baf eede of QR eede that links to the ffiaflufaetufef's websife. (b) The information in paragraph (a) may be provided on an outer package if the immediate container that holds the product is too small to contain all of the information. (c) The information required in paragraph (a) may be provided through the use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if that page contains all of the information required by this subdivision. The label must also include a statement stating that this the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. (b)_Le) The information required tete-erg the label by this subdivision must be prominently and conspicuously placed effd on the label or displayed on the website in terms that can be easily read and understood by the consumer. Official Publication of the State of Minnesota Revisor of Statutes Ch 98, art 13, s 7 LAWS of MINNESOTA 2022 260 {e)jf The labe4 labeling must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. Sec. 8. Minnesota Statutes 2020, section 151.72, is amended by adding a subdivision to read: Subd. 5a. Additional requirements for edible cannabinoid products. (a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision. (b) An edible cannabinoid product must not: (1) bear the likeness or contain cartoon -like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) be modeled after a brand of products primarily consumed by or marketed to children; (3) be made by applying an extracted or concentrated hemp -derived cannabinoid to a commercially available candy or snack food item; (4) contain an ingredient, other than a hemp -derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) be packaged in a way that resembles the trademarked, characteristic, or product -specialized packaging of any commercially available food product; or (6) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (c) An edible cannabinoid product must be prepackaged in packaging or a container that is child -resistant, tamper -evident, and opaque or placed in packaging or a container that is child -resistant, tamper -evident, and opaque at the final point of sale to a customer. The requirement that packaging be child -resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. (d) If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. (e) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1) the serving size; (2) the cannabinoid profile per serving and in total; (3) a list of ingredients, including identification of any major food allergens declared by name; and (4) the following statement: "Keep this product out of reach of children." An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Official Publication of the State of Minnesota Revisor of Statutes 261 LAWS of MINNESOTA 2022 Ch 98, art 13, s 10 Sec. 9. Minnesota Statutes 2020, section 151.72, subdivision 6, is amended to read: Subd. 6. Enforcement. (a) A product sell regulated under this section, including an edible cannabinoid product, shall be considered an adulterated drug if: (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth; (3) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (4) it contains any food additives, color additives, or excipients that have been found by the FDA to be unsafe for human or animal consumption; of (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than the amount or percentage stated on the label...; (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f); or (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or heavy metals. (b) A product regulated under this section shall be considered a misbranded drug if the product's labeling is false or misleading in any manner or in violation of the requirements of this section. (c) The board's authority to issue cease and desist orders under section 151.06; to embargo adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section 214.11, extends to any violation of this section. Sec. 10. Minnesota Statutes 2020, section 152.02, subdivision 2, is amended to read: Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision. (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, and salts is possible: (1) acetylmethadol; (2) allylprodine; (3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl acetate); (4) alphameprodine; (5) alphamethadol; (6) alpha-methylfentanyl benzethidine; (7) betacetylmethadol; (8) betameprodine; Official Publication of the State of Minnesota Revisor of Statutes LMCLEAGUE MINNESOTA CITIES Cities and Regulation of Edible Cannabinoid Products Published: July 15, 2022 A new law was enacted at the end of the 2022 legislative session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. Since the enactment of the law, the League of Minnesota Cities has been researching and collecting information from state agencies and stakeholders to answer questions pertaining to local regulatory authority, law enforcement, taxing, and employment. The following frequently asked questions (FAQ) aim to provide information to cities on the new law to assist local governments in making decisions related to the law. The League will continually update the information below as necessary. (Updated July 28, 2022) Get answers to FAQs regarding the new law allowing certain edible and beverage products containing THC extracted from hemp to be sold. General information Q1. What does the new law do? Q2. Under the new law, where are edible cannabinoids allowed to be sold? (Updated July 20, 2022) Q3. Could my city's municipal liquor store sell the edible cannabinoid products? (Updated July 20, 2022) Q4. What regulations are in place for packaging for edible cannabinoids? QS. Are these products legal under federal regulations? (Updated July 22, 2022) Q6. Where do the edible cannabinoid products come from? Q7. How are the new products taxed? Enforcement and public safety Q8. How is the new law enforced? (Updated July 28, 2022) Q9. What are penalties for someone who violates? Q10. How do our officers determine if a driver is under the influence of these new products? Q11. Could citiesprohibit the sale of edible cannabinoids entirely? (Updated July 19, 2022) Q12. Is our city required to adopt regulations under the new law? City Licensing Q13. What authority do cities have regarding licensing the sale of edible cannabinoids? Q14. What types of restrictions should we consider in regulating cannabinoids? (Updated July 19, 2022) Q15. Can a city add edible cannabinoid products to its existing tobacco licensing -p Q16. If our city licenses edible cannabinoid products, how much can we charge as a license fee? Zoning Q17 What authority do cities have regarding zoning for where theproducts could be sold? (Updated July 19, 2022) Q18. Could cities adopt a moratorium prohibiting the sale, manufacturing ur, distribution of cannabinoids so it can studv the issue? City employment and personnel issues Q19. Does the new Minnesota legal cannabinoid law change anything about how we do drug testing for CDL holders? (Updated July 22, 2022) Q20. Does the new law change anything related to employees who carry a firearm? (Updated July 22, 2022) Q21. Are there now "acceptable" limits of cannabinoids for non -CDL empoyees for purposes of drug testing at work (i.e., those we test under state drug and alcohol testing law)? Q22. Can we still prohibit emp�ees from being under the influence of cannabinoids while at work? Does the League have a model pow with updated language? Q23. Can empoyees be in possession of edibles or other cannabinoid -Products while at work? Q24. Do we need to change anything in our collective bargaining agreement with regard to discipline of employees who use cannabinoid products? Q25. Can employees use cannabinoidproducts off-duty? Q26. How does this impact the requirements of the Drug -Free Workplace Act? Q27. Should my cijy still continue to include marijuana as a pre-employment panel screen for my Non -DOT emp oyees? (Updated July 19, 2022) General information Q1. What does the new law do? Al. It is now legal to sell certain edibles and beverages infused with tetrahydrocannabinol (THC), the cannabis ingredient extracted from hemp. The new law was passed by the Legislature as part of Chapter 98. Article 13 makes several changes to Minnesota Statutes, section 151.72 regarding the sale of certain cannabinoid (CBD) products. The changes took effect on July 1. The new law amends the scope of sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal City Council Agenda: 8/22/2022 4B. Consideration to deny an Amendment to the Affordable Self -Storage PUD and StorageLink Monticello PUD for the addition of "Storage Boxes" as an Allowable Outdoor Storage Accessory Use and to approve an Amendment to the Affordable Self - Storage PUD and StorageLink Monticello PUD for the addition of "Storage Boxes" as an Allowable Outdoor Display Accessory Use. Applicant: City of Monticello Prepared by: Meeting Date: ❑ Consent Agenda Item Northwest Associated Consultants 8/22/2022 ® Regular Agenda Item (NAC)/ Community Development Director Reviewed by: Approved by: Chief Building & Zoning Official, City Administrator Community & Economic Development Coordinator ACTION REQUESTED Decision 1: Motion to deny the Amendment to the Affordable Self -Storage PUD and StorageLink Monticello PUD to allow the addition of "Storage Boxes" as an allowable Outdoor Storage Accessory Use based on findings in Resolution PC -2022-041. Planning Commission recommends denial of the amendment allowing the introduction of storage boxes as an accessory use for outdoor storage purposes. Decision 2: Motion to approve an Amendment to the Affordable Self -Storage PUD and StorageLink Monticello PUD for the addition of "Storage Boxes" as an Allowable Outdoor Display Accessory Use based on findings in Resolution 2022-94. Planning Commission recommends approval of an ordinance amendment to the two PUDs to allow the addition of "Storage Boxes" as an Allowable Outdoor Display use. PREVIOUS COUNCIL ACTION October 25, 2021: Denial of proposed amendment to Affordable Storage PUD for Storage Boxes as an Accessory Use REFERENCE AND BACKGROUND Property: PID #: 152-125-004110; 152-266-001010 Planning Case Number: 2022-026 City Council Agenda: 8/22/2022 Request(s): An amendment to the Zoning Ordinance to allow Temporary Storage Boxes as an accessory use in the Affordable Storage and Storage Link PUD Districts Deadline for Decision: July 15, 2022 September 14, 2022 Land Use Designation: Community Commercial Zoning Designation: PUD Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self -Storage Surrounding Land Uses: North: Regional Commercial East: Community Commercial South: Single Family Residential West: Mixed Uses Project Description: The public hearing on this item was directed to the Planning Commission by the City Council. Council's direction was to prepare an amendment for accessory use allowance of the storage boxes with the two commercial self -storage PUDs. The amendment would create an allowance within these two PUD zoning districts, both occupied by Commercial Self -Storage uses, to store and rent portable/temporary storage "boxes" — such as "Pods" or similar — for use off-site. The amendment would be specific to these two PUD zoning districts only. ANALYSIS: In June, the Planning Commission opened the public hearing for this item and discussed the item at length. It was noted that review of the item was directed to the Commission by the City Council. The June staff report to the Planning Commission provided the background on a proposed amendment to allow the storage boxes on the subject PUDs as outdoor storage accessory to the principal use. Following discussion, the Commission closed the hearing and tabled action requesting that staff provide additional information on other, similar uses and how they are addressed in other communities. City Council Agenda: 8/22/2022 Staff published a second notice for the amendment and gathered information from two communities with similar uses. That information is below and was presented to the Planning Commission for a hearing on the amendment on August 2, 2022. St. Michael: There are two facilities in St. Michael where portable storage boxes are currently located on site as accessory uses. Both sites are located in industrial zoning districts. St. Michael does not allow self -storage facilities in commercial zoning districts. • The first site includes a self -storage facility as a principal use. Outdoor storage in the form of portable storage boxes is not permitted for the site at the current time. • The second site is a warehouse facility, where portable storage boxes are stored both indoors and outdoors. The portable storage boxes on the exterior are considered outdoor storage and allowed to be located only in a specific area grandfathered in for outdoor storage as an accessory use. Rurnsville- There are two portable storage box facilities in Burnsville. Both sites are located in industrial districts. • The first site is located in an industrial district and was authorized through a conditional use permit. As part of the permit process, the outdoor storage of portable storage boxes was evaluated against its impact to surrounding uses and its location on the site. The storage of the boxes on the site is located at the rear of the property, it is required to be screened. The storage box site is located in an area where other similar uses with limited outdoor storage are found (ex. towing facilities). • The second site is also located in an industrial district. Outdoor storage for this site is not currently permitted, although it exists on the site. Staff in Burnsville indicated that the user is considering site changes, at which time the use will be evaluated based on site location, screening, and impacts to surrounding properties. Both communities noted issues with storage boxes being introduced on site outdoors without necessary approvals. Both indicated that proposed construction or site plan changes will allow each community to address the storage. Summary As planned unit developments, the City has discretion to consider the principle and accessory uses allowed for an individual site. The allowed uses for each PUD are as shown on the approved and referenced PUD site plans specific to each. In considering an amendment to the uses approved with any PUD, it is important that the City consider the location of the site and City Council Agenda: 8/22/2022 the proposed uses' individual impacts relative to surrounding land uses. This includes examining whether the proposed uses are consistent with surrounding land uses. In discussions with Burnsville and St. Michael, both indicated that self -storage facilities are found in their industrial districts, and that portable storage units are considered outdoor storage within those districts. The ability to place portable storage containers on a site is evaluated based on the proposed location on each site, how the storage is screened, and compatibility with the surrounding land uses are. The two Monticello PUDs for consideration are located in commercial zoning districts, directly adjacent to residential development. Monticello's zoning ordinance does not permit outdoor storage within any of its commercial zoning districts. Prior evaluation of the proposed use noted its similarity in impact to other industrial accessory uses. Further, the location of both sites would make screening of the boxes difficult due to both grade adjacent to the residential neighborhood and visibility from the adjacent Chelsea Road. Given the above considerations, staff would not recommend changes to either PUD at this time to allow the use of storage boxes as outdoor storage on the PUD sites. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed this item and held a public hearing on the request during their regular meeting on June 7, 2022 and August 2, 2022. The Commission discussed the information presented in the staff reports for both meetings as related to allowing the storage containers on site. The Commission indicated a preference to allow storage boxes as a means to communicate that these boxes are available for rental, rather than to allow the boxes to be stored or used as storage on site. It was clarified that Planning Commission could recommend approval of an ordinance amendment with updated language related to the one box for display on site under the current hearing notification. There was no public present to address the Commission regarding the request during the public hearing. Following discussion, the Commission indicated that staff should prepare an ordinance amendment to allow a storage box as a display unit for the Affordable Storage and StorageLink Planned Unit Developments for Council review. The Commission voted unanimously to recommend denial of the outdoor storage component of the proposed amendment and recommended approval of an amendment to allow a storage box as an allowable accessory use for display purposes for the Affordable Storage and StorageLink Planned Unit Developments. City Council Agenda: 8/22/2022 Budget Impact: As an amendment directed by Council, costs for review and report preparation services by the City Planner are coded to the Planning & Zoning Miscellaneous services item. II. Staff Workload Impact: City Planner NAC prepared the staff report and amendments in the majority. City also staff have time in the analysis and preparation of the staff report and materials, estimated at 6 hours. III. Comprehensive Plan Impact: The relationship of both proposed amendments to the Monticello 2040 Plan is detailed within the analysis provided within the staff reports, as well as the findings contained in each resolution for consideration. STAFF RECOMMENDED ACTION Staff continues to recommend denial of the proposed amendment allowing the storage boxes as an accessory use for outdoor storage purposes, based on findings noted in the October 2021 staff report and accompanying resolutions. In summary, these findings include that the storage of such containers within these two PUDs is inconsistent with the intent of the original PUD approval and with the surrounding land uses. As related to the Planning Commission's direction to allow the use of containers for display purposes as an accessory use, staff would support this amendment to the two PUDs subject to the regulations as drafted in the ordinance amendment, Exhibit E. If Council instead elects to approve the ordinance amendment allowing the use of storage containers as an allowable accessory outdoor storage use, staff has included a resolution and the ordinance to support this direction, Exhibits B and C. SUPPORTING DATA A. Resolution PC -2022-041, Denial of Amendment for Accessory Outdoor Storage B. Resolution 2022-95, Approval of Amendment for Accessory Outdoor Storage C. Ordinance 785, Draft of Amendment for Accessory Outdoor Storage D. Resolution 2022-94, Approval of Amendment for Accessory Outdoor Display E. Ordinance No. 784, Draft of Amendment for Accessory Outdoor Display F. Aerial Site Image G. Planning Commission Staff Report, June 7, 2022 H. Planning Commission Staff Report, October 5, 2021 I. Planning Commission Minutes, October 5, 2021 J. City Council Staff Report, October 25, 2021 K. City Council Minutes, October 25, 2021 L. Letter of Public Comment CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING DENIAL OF AN AMENDMENT TO THE ZONING ORDINANCE ADDING ACCESSORY USE TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT DISTRICT, AND THE STORAGE LINK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City regulates land uses in its various zoning districts, including an allowance for various types of uses in specific zones; and WHEREAS, the Commercial Self -Storage use is conducted primarily under Planned Unit Development regulations which have specific allowances for uses in their respective PUD Districts; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial", and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, the Planning Commission held a public hearing on June 7, 2022 and August 2, 2022 on the application and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-041 1. The proposed uses are inconsistent with the intent and purpose of the Affordable Storage and Storage Link PUD Zoning Districts. 2. The proposed use is inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area. 3. The impacts of the improvements exceed those anticipated by the existing and future land uses and cannot addressed through standard review and ordinances as adopted. 4. The planned amendments do not meet the intent and requirements of the applicable zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council deny the Amendment to the Zoning Ordinance as specified in Ordinance No. ADOPTED this 211 day of August, 2022, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION In ATTEST: Andrew Tapper, Vice Chair Angela Schumann, Community Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-95 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE ADDING A PERMITTED ACCESSORY USE TO THE PUD FOR OUTDOOR STORAGE PURPOSES TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT DISTRICT, AND THE STORAGE LINK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City regulates land uses in its various zoning districts, including an allowance for various types of uses in specific zones; and WHEREAS, the Commercial Self -Storage use is conducted primarily under Planned Unit Development regulations which have specific allowances for uses in their respective PUD Districts; and WHEREAS, the option to utilize such facilities for the rental and storage of portable temporary storage buildings for temporary storage on other real property may be considered within the scope of uses considered accessory to the principal Commercial Self - Storage use; and WHEREAS, the zoning district amendments herein will accommodate reasonable additions to related uses by adding temporary structures as accessory uses to the subject PUD Districts; and WHEREAS, the Planning Commission held a public hearing on June 7, 2022 and August 2, 2022 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the City Council has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The usefulness of the zoning regulations require clarity and definition to avoid misinterpretation, and promote the effectuation of the City's land use objectives. 2. The proposed amendments add related accessory uses to current Commercial Self -Storage business properties under reasonable regulations. 3. The proposed amendments refine the understanding of the terms used, and therefore advance the City land use regulations and objectives. 4. The proposed amendments will improve the communication of the intent of the zoning regulations to property owners, businesses, and city officials. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-95 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Monticello City Council approves the Amendment to the Zoning Ordinance as specified in Ordinance No. 785. ADOPTED this 22nd day of August, 2022, by the Planning Commission of the City of Monticello, Minnesota. ATTEST: Jennifer Schreiber, City Clerk MONTICELLO CITY COUNCIL By: Lloyd Hilgart, Mayor 2 ORDINANCE NO. 785 AN ORDINANCE AMENDING THE MONTICELLO CITY CODE AMENDING SECTION 3.8(J)(8) AND 3.8(J)(15) BY ADDING ACCESSORY USES TO EACH DISTRICT FOR OUTDOOR STORAGE THE CITY COUNCIL OF THE CITY OF ORDAINS: Section 1. Section 3.8 (J)(8) and 3.8 (J)(15) are hereby amended to add the following: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities, with the following exception: Storage Boxes or "Pods", or similar temporary structures manufactured specifically for the purposes of portable self -storage use, may be permitted to be stored for rental on the site, provided such structures meet the following conditions: a. No such storage shall be placed within 100 feet of a residential zoning district, or within 30 feet of a street right of way, or within 10 feet of any other lot line. b. No such storage shall be stacked to a height greater than nine (9) feet from existing grade on which it sits. c. Any such storage shall be placed only on a paved surface. d. No such storage shall be placed within any driveway, required landscapin area, space, or other space required b. t�pproved PUD plan for site circulation and/or operations. e. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities. f. Storage of such structures shall not occupy more than 5% of the total lot area. g. Delivery of such structures to the site, or removal of structures from the site, shall occur only during the hours of 7:OOa.m. and 9:OOp.m. h. No such temporaU/portable structure shall at any time be used for storage of M goods on the property in this zoning district and shall only be available for rental to users off-site, unless it is placed completely within a permanent storage structure approved as a part of the PUD. i. No such storage shall include the use of containers commonly used for rail transport purposes or similar shipping containers. Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this day of , 2022 Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk AYES: NAYS: EXHIBIT A Section Sec. 2-230. - Establishment. Sec. 2-231. - Sec. 2-232. - Sec. 2-233. — Sec. 2-234. - Sec. 2-235. - Secs. 2-236, 2-237. - Reserved. Sec. 2-230. - Establishment. {Insert text of ordinance} CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-94 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE ADDING A PERMITTED ACCESSORY USE TO THE PUD FOR OUTDOOR DISPLAY PURPOSES FOR THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT DISTRICT AND THE STORAGE LINK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City regulates land uses in its various zoning districts, including an allowance for various types of uses in specific zones; and WHEREAS, the self -storage business is conducted primarily under Planned Unit Development regulations which have specific allowances for uses in their respective PUD Districts; and WHEREAS, the use of such facilities for the display of accessory rental portable temporary storage buildings ("storage boxes" or "storage pods") to persons who need such structures for temporary storage on other real property is a related to the principal use, and a benefit to the business operator and its customers; and WHEREAS, the zoning district amendments herein will accommodate reasonable additions to related uses by adding the display of temporary structures as accessory uses to the subject PUD Districts; and WHEREAS, the Planning Commission held a public hearing on June 7, 2022 and August 2, 2022 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the City Council has considered all of the comments and the staff report and Planning Commission recommendation, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The usefulness of the zoning regulations require clarity and definition to avoid misinterpretation, and promote the effectuation of the City's land use objectives. 2. The proposed amendments add related accessory uses to current business properties under reasonable regulations. 3. The proposed amendments refine the understanding of the terms used, and therefore advance the City land use regulations and objectives. 4. The proposed amendments will improve the communication of the intent of the zoning regulations to property owners, businesses, and city officials. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2022-94 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Council hereby approves the Amendment to the Zoning Ordinance as specified in Ordinance No. 784. ADOPTED this 22nd day of August, 2022, by the City Council of the City of Monticello, Minnesota. ATTEST: Jennifer Schreiber, City Clerk MONTICELLO PLANNING COMMISSION MI - 2 Lloyd Hilgart, Mayor ORDINANCE NO. 784 AN ORDINANCE AMENDING THE MONTICELLO CITY CODE AMENDING SECTION 3.8(J)(8) AND 3.8(J)(15) BY ADDING ACCESSORY USES TO EACH DISTRICT FOR OUTDOOR DISPLAY THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3.8 (J)(8) is hereby amended to add the following: (J)(8) (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities, with the following exception: 0 Storage Boxes or "Pods", or similar temporary structures manufactured specifically for the pumoses of portable self -storage use, may be permitted to be displayed for rental on the site, provided such structures meet the following conditions: a. Only one such storage box shall be displayed in any individual PUD District. b. No such storage shall be placed within 100 feet of a residential zoning district, or closer to the street right of way than any building, or within 10 feet of any other lot line. c. No such storage box shall be stacked to a height greater than nine (9) feet from existing grade on which it sits. d. Any such storage shall be placed onlypaved surface. e. No such storage box shall be placed within any driveway, required landscapin area, parking space, or other space required b.. thepproved PUD plan for site circulation and/or operations. f. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities. g. Storage of such structures for delivery or use by renters shall be located off-site. h. Delivery of such structures to the renters shall occur from the off-site storage location, and not from this District. i. No such temporaU/portable structure shall at any time be used for storage of M goods on the property in this zoning district, and shall only serve as display of such boxes for rental to users off-site. Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this day of , 2022 Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk AYES: NAYS: EXHIBIT A Section Sec. 2-230. - Establishment. Sec. 2-231. - Sec. 2-232. - Sec. 2-233. — Sec. 2-234. - Sec. 2-235. - Secs. 2-236, 2-237. - Reserved. Sec. 2-230. - Establishment. {Insert text of ordinance} Planning Commission Agenda — 06/07/2022 2C. Public Hearing - Consideration of a request for an Amendment to the Affordable Self - Storage PUD and StorageLink Monticello PUD for the Addition of "Storage Boxes" as an Allowable Accessory Use. Applicant: City of Monticello. Prepared by: Northwest Associated I Meeting Date: Council Date (pending Consultants (NAC) 06/07/2022 Commission action): 06/27/22 Additional Analysis by: Community Development Director, Community & Economic Development Coordinator ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to the Zoning Ordinance to allow Temporary Storage Boxes as an accessory use in the Affordable Storage and Storage Link PUD Districts. 1. Motion to adopt Resolution No. PC -2022-041 recommending approval of an amendment to the Zoning Ordinance to allow Temporary Storage Boxes as an accessory use in the Affordable Storage and Storage Link Monticello PUD Districts based on the findings in said resolution and as drafted in the proposed ordinance 2. Motion to deny the adoption of Resolution No. PC -2022-041 recommending denial of an amendment to the Zoning Ordinance to allow Temporary Storage Boxes as an accessory use in the Affordable Storage and Storage Link Monticello PUD Districts based on findings to be made by the Planning Commission. 3. Motion to table action on Resolution No. PC -2022-041. Property: PID #: 152-125-004110; 152-266-001010 Planning Case Number: 2022-026 Request(s): An amendment to the Zoning Ordinance to allow Temporary Storage Boxes as an accessory use in the Affordable Storage and Storage Link PUD Districts 1 Planning Commission Agenda — 06/07/2022 Deadline for Decision: July 15, 2022 September 14, 2022 Land Use Designation: Community Commercial Zoning Designation: PUD Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self -Storage Surrounding Land Uses: North: Regional Commercial East: Community Commercial South: Single Family Residential West: Mixed Uses Project Description: The public hearing on this item was directed to the Planning Commission by the City Council. The amendment would create an allowance within these two PUD zoning districts, both occupied by Commercial Self -Storage uses, to store and rent portable/temporary storage "boxes" — such as "Pods" or similar—for use off-site. The amendment would be specific to these two PUD zoning districts only. ANALYSIS: The proposed amendment would create an allowance for two existing Commercial Self -Storage PUD facilities to add the storage and rental of portable storage structures for use by renters off- site. The proposal would not permit these structures to be used for storage on the site of the Self -Storage areas as separate storage buildings. The concept is based in the idea that tenants of self -storage buildings or similar users would be the most typical customers for this use. The proposed amendment is designed to allow the two facilities under their current PUD ordinance approvals to store these boxes on their property in specifically designated areas as a permitted accessory use in the district. Renters would either seek delivery of the structures, or if property equipped, could remove them from the site for their own use. The amendment places a series of conditions on this use. Anything outside of these conditions would require an amendment to the PUD. 2 Planning Commission Agenda — 06/07/2022 The proposed conditions are as follows: Storage Boxes or containers, or similar temporary structures manufactured specifically for the purposes of portable self -storage use, may be permitted to be stored for rental on the site, provided such structures meet the following conditions: a. No such storage shall be placed within 100 feet of a residential zoning district, or within 30 feet of a street right of way, or within 10 feet of any other lot line. b. No such storage shall be stacked to a height greater than nine (9) feet from existing grade on which it sits. c. Any such storage shall be placed only on a paved surface. d. No such storage shall be placed within any driveway, required landscaping area, parking space, or other space required by the approved PUD plan for site circulation and/or operations. e. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities. f. Storage of such structures shall not occupy more than 5% of the total lot area. g. Delivery of such structures to the site, or removal of structures from the site, shall occur only during the hours of 7:OOa.m. and 9:OOp.m. h. No such temporary/portable structure shall at any time be used for storage of any goods on the property in this zoning district and shall only be available for rental to users off-site, unless it is placed completely within a permanent storage structure approved as a part of the PUD. i. No such storage shall include the use of containers commonly used for rail transport purposes or similar shipping containers. The City previously considered an amendment for a similar use specific to the Affordable Storage PUD. The issue for the City at that time was the ability to distinguish the use of such storage boxes as either display or outdoor storage and whether the proposed use was industrial in scale. In the proposed amendment, the use is proposed only as an accessory use to existing commercial self -storage and is limited in activity and scope. With this amendment, it is hoped that this use could be incorporated without disruption to the approved PUD activity or to the surrounding neighborhood. STAFF RECOMMENDED ACTION As the item was directed by the City Council to the Planning Commission, staff defers to both bodies on the amendment to the Affordable Storage and Storage Link PUD Zoning Districts, both located along Chelsea Road West. 3 Planning Commission Agenda — 06/07/2022 At issue for the City will be whether the proposed amendment sufficiently addresses the use of these units as accessory to a Commercial Self -Storage use, and whether the applicable conditions satisfactorily address their use in commercial districts. SUPPORTING DATA A. Resolution PC -2022-041 B. Ordinance No. XXX C. Aerial Site Image D. Planning Commission Staff Report, October 5, 2021 E. Planning Commission Minutes, October 5, 2021 F. City Council Staff Report, October 25, 2021 G. City Council Minutes, October 25, 2021 4 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTICELLO RECOMMENDING APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE ADDING ACCESSORY USE TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT DISTRICT, AND THE STORAGE LINK PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City regulates land uses in its various zoning districts, including an allowance for various types of uses in specific zones; and WHEREAS, the Commercial Self -Storage use is conducted primarily under Planned Unit Development regulations which have specific allowances for uses in their respective PUD Districts; and WHEREAS, the option to utilize such facilities for the rental and storage of portable temporary storage buildings for temporary storage on other real property may be considered within the scope of uses considered accessory to the principal Commercial Self - Storage use; and WHEREAS, the zoning district amendments herein will accommodate reasonable additions to related uses by adding temporary structures as accessory uses to the subject PUD Districts; and WHEREAS, the Planning Commission held a public hearing on June 7, 2022 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The usefulness of the zoning regulations require clarity and definition to avoid misinterpretation, and promote the effectuation of the City's land use objectives. 2. The proposed amendments add related accessory uses to current Commercial Self -Storage business properties under reasonable regulations. 3. The proposed amendments refine the understanding of the terms used, and therefore advance the City land use regulations and objectives. 4. The proposed amendments will improve the communication of the intent of the zoning regulations to property owners, businesses, and city officials. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2022-041 NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the Amendment to the Zoning Ordinance as specified in Ordinance No. ADOPTED this 71h day of June, 2022, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Z ATTEST: Paul Konsor, Chair Angela Schumann, Community Development Director 2 ORDINANCE NO. - AN ORDINANCE AMENDING THE MONTICELLO CITY CODE AMENDING SECTION 3.8(J)(8) AND 3.8(J)(15) BY ADDING ACCESSORY USES TO EACH DISTRICT THE CITY COUNCIL OF THE CITY OF ORDAINS: Section 1. Section 3.8 (J)(8) and 3.8 (J)(15) are hereby amended to add the following: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities, with the followin _ egxception: Q Storage Boxes or "Pods", or similar temporary structures manufactured specifically for the purposes of portable self -storage use, may be permitted to be stored for rental on the site, provided such structures meet the following conditions: a. No such storage shall be placed within 100 feet of a residential zoning district, or within 30 feet of a street right of way, or within 10 feet of any other lot line. b. No such storage shall be stacked to a height greater than nine (9) feet from existing grade on which it sits. C. Any such storage shall be placed only on a paved surface. d. No such storage shall be placed within any driveway, required landscapin area, rea, parking space, or other space required b, t�pproved PUD plan for site circulation and/or operations. e. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities. f. Storage of such structures shall not occupy more than 5% of the total lot area. g. Delivery of such structures to the site, or removal of structures from the site, shall occur only during the hours of 7:OOa.m. and 9:OOp.m. h. No such temporary/portable structure shall at any time be used for storage of any goods on the property in this zoning district and shall only be available for rental to users off-site, unless it is placed completely within a permanent storage structure approved as a part of the PUD. i. No such storage shall include the use of containers commonly used for rail transport purposes or similar shipping containers. Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this day of , 2022 Lloyd Hilgart, Mayor ATTEST: Rachel Leonard, Administrator AYES: NAYS: EXHIBIT A Section Sec. 2-230. - Establishment. Sec. 2-231. - Sec. 2-232. - Sec. 2-233. — Sec. 2-234. - Sec. 2-235. - Secs. 2-236, 2-237. - Reserved. Sec. 2-230. - Establishment. {Insert text of ordinance} Planning Commission Agenda — 10/05/2021 2C. Public Hearing —Consideration of a request for an Amendment to the Affordable Storage Planned Unit Development for proposed Portable Container Accessory Use. Applicant: Burnham, Keith Prepared by: Northwest Associated Meeting Date: Council Date (pending Consultants (NAC) Commission action): 10/05/21 10/25/21 Additional Analysis by: Community Development Director, Chief Building and Zoning Official, Community & Economic Development Coordinator, Project Engineer, Fire Marshal ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. 1. Motion to recommend approval of a PUD Amendment for outdoor storage as provided in the application materials for the Affordable Self -Storage PUD, based on a finding that the proposed use would be consistent with the Comprehensive Plan objectives for uses and activities in the area and other findings to be made by the Planning Commission, and per conditions set by the Planning Commission as a part of the public hearing. 2. Motion to adopt Resolution No. PC -2021-037 (denial), based on findings as identified in said Resolution, and requiring the removal of the storage boxes from the site no later than .2021. 3. Motion to table action on Resolution No. PC -2021-037, subject to additional information supplied by staff and/or applicant. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self - Storage to correction of language in Section (8)(c). 1. Motion to recommend approval of a PUD Amendment for the Affordable Self -Storage Planned Unit Development for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to *,mal commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. 2. Motion to table action on the proposed Amendment to Ordinance for Planned Unit Development for Affordable Self -Storage to correction of language in Section (8)(c). Planning Commission Agenda — 10/05/2021 REFERENCE AND BACKGROUND Property: Legal Description: Lot 11, Block 4, Groveland Addition PID: 155-125-004110 Planning Case Number: 2021-036 Request(s): Amendment to a Planned Unit Development to allow outdoor storage of rental storage containers Deadline for Decision: November 12, 2021 (60 -day deadline) January 11, 2022 (120 -day deadline) Land Use Designation: Community Commercial Zoning Designation: Affordable Self -Storage PUD District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self Storage Facility Surrounding Land Uses: North: RV Dealership East: Vacant Commercial (Zoned B-3) South: Single Family Residential West: RV Dealership Project Description: The applicant proposes to utilize a portion of the current self - storage property along the westerly boundary, as well at the ends of several of the self -storage buildings on the property to store a series of "storage boxes". These units are delivered to the property and rented to individuals which are then used to self - store goods. The applicant indicates that the request is for a total of 58 such storage boxes of varying sizes, between 7.5 by 7.5 feet and 8 by 20 feet. The applicant has suggested that the units will be empty, although that is not expressly stated in the application narrative. The applicant has indicated in the past that the boxes would sit on the ground, without stacking, although that clarification is not made in the current application. The applicant previously proposed an amendment to the Affordable Storage Planned Unit Development for the 2 Planning Commission Agenda — 10/05/2021 introduction of storage boxes on the site, which was considered by the Planning Commission in August of 2021. The application was withdrawn prior to Council consideration. it is noted that several of these boxes have already been moved on to the site counter to the requirements of the original PUD approvals and are currently in violation of the Zoning Ordinance. ANALYSIS: Planned Unit Development (PUD) is a zoning technique that allows developers and the City to establish a set of development requirements which, while not meeting all of the specific standards of a traditional zoning district, are designed to exceed the City's objectives for the zoning district that would otherwise apply. The City's land use objectives are described in the Comprehensive Plan, and typically address various performance standards as well as classes of land use. In this case, the applicable land use classification in the Comprehensive Plan is "Community Commercial", and the underlying zoning district that would apply if the PUD zoning were not in place would be B-3, Highway Business. One of the primary objectives of the Comprehensive Plan is the orderly development and use of land, consistent with consideration for other land uses in the neighborhood of the subject property. As shown on the map below, and noted above, the subject property is in an area of mixed commercial and residential uses, indeed abutting residential development on one side of the property. The Community Commercial designation is designed to be a "low -scale" retail area along major roadways that serve the community. 3 Planning Commission Agenda — 10/05/2021 When the original PUD was granted for the commercial self -storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. In Monticello, outdoor storage of materials is a use that is specifically relegated to industrial districts. Such areas often create a significant amount of noise and other activity that is not compatible with neighboring "low -scale" uses, and particularly problematic for single-family residential areas, where outdoor activities rely on relative quiet and non -industrial activity on adjoining property. The applicant's narrative seeks to distinguish this use as "Open Sales" accessory use, as opposed to outdoor storage. However, "Open Sales" uses involve retail transactions where customers may visit the retail site, inspect the goods, pay for the materials, and transport them from the retailer. This type of transaction is distinguished from the current proposal in that the storage boxes are stored on the site, loaded, and delivered to off-site customers, all without the customer's ability to pick up and take any retail goods with them from the retail location. This is fundamentally not a retail activity, as would be implied by the "Open Sales" land use category. Further, the zoning ordinance definition for Outdoor Storage is directly applicable to the proposed use. That definition reads as follows: OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Outdoor storage is prohibited in commercial districts and is specifically prohibited by the language of the Affordable Self -Storage PUD. The applicant's materials do not specify, but the process by which the storage boxes would be transferred to and from the site would be via truck and some manner of jack or crane, increasing the equipment activity and noise on the site. This activity is expected in an industrial area, but not in a commercial district, and especially not in proximity to a residential neighborhood. The proposed storage of these units on the property is therefore an industrial one, and incompatible with the proximity of the use to residential property. The narrative further notes that the original PUD district references accessory uses in the "Industrial" areas as potentially allowed uses in the Affordable Storage PUD District. While staff believes that the original reference is a typographical error— noting that outdoor storage was expressly not allowed in the district language — industrial use would be inappropriate in this 4 Planning Commission Agenda — 10/05/2021 location based on the impacts and discussion previously noted. As part of any amendment consideration, staff would request that the City amend the ordinance of the PUD to correct this language to "Commercial." Further, the City's fire department officials have noted concern with the storage of the proposed boxes on the site, which were not anticipated when the original plan was approved. The locations restrict fire -fighting access to portions of the property, most significantly, to the west side of the line of stored boxes along the west boundary of the site. Moreover, the revised site plan shows a large area of snow storage in the southwest corner of the site that would make the fire hydrant in that location inaccessible. The Fire Marshal has requested an apparatus turning template be prepared to demonstrate maneuverability within the site with the unit locations as proposed. As noted in prior review, there is one self -storage site in Monticello that was granted an interim use permit for temporary storage boxes in the past. That site is the Storage Link facility at Dundas Road and Cedar Street. The City granted the IUP for this site as a temporary measure to accommodate expansion of the facility. There are at least three major aspects of this prior approval that differentiate it from the Affordable Storage request. First, the Storage Link facility abuts undeveloped commercial land. There is no residential in near proximity to the site. Moreover, the facility sits at the intersection of roads that serve exclusively commercial properties west, north and south, and industrial property to the east. Second, the Storage Link temporary storage boxes are utilized as an interim storage use, and have only limited, if any, trucking and active machinery at the site. As such, there is much less likelihood of noise disruption to surrounding land uses, particularly as the adjoining property was anticipated to be vacant for some time. Finally, as noted, the permit granted was an Interim Use Permit, acknowledging that the proposed storage units were temporary in nature. While no adjoining development was anticipated in the near term, removal of the temporary storage is required at the expiration of the IUP term and adjoining development (now a part of the Chelsea Commons planning area) would then develop without the impacts of temporary storage on that site. In summary, the proposed storage box business would introduce what is commonly considered to be an industrial activity to the Affordable Storage PUD site. As noted, PUD requires a finding that the proposed development meets and exceeds the City's land use goals in exchange for relaxation of certain zoning requirements. Introduction of an industrial use on property guided for "low -scale" commercial use, adjacent to a low-density single-family neighborhood would be counter to this requirement. 5 Planning Commission Agenda — 10/05/2021 STAFF RECOMMENDED ACTION For Decision 1, Staff recommends Alternative 2, denial of the PUD Amendment. As noted in this report, the addition of outdoor storage, and the nature of the storage in question which would entail heavy equipment and truck operations to support it, would be inconsistent with the intent of the land use direction specified by the Comprehensive Plan, and incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south of the subject property. For Decision 2, Staff recommends Alternative 1, which would correct the prior error in the adopted ordinance for the Affordable Storage PUD consistent with the intent of the original approved plans. Staff would ask the Planning Commission to specify a removal date within their motion. Per ordinance, staff typically allows up to 30 days for correction of a code violation. SUPPORTING DATA A. Resolution PC -2021-037 B. Aerial Site Image C. Applicant Narrative D. Proposed Site Plan and Detail E. Affordable Self -Storage PUD Ordinance F. Ordinance Excerpts G. Monticello 2040 Vision + Plan, Excerpts Z. Conditions of Approval EXHIBIT Z Lot 11, Block 4, Groveland Addition Affordable Storage PUD Amendment 1. If Planning Commission motions to recommend approval of the amendment to PUD to allow the proposed storage units, staff would recommend that Commission provide a list of conditions applicable to the proposed use on the site. 0 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 RECOMMENDING DENIAL OF AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND AMENDING FOR CORRECTION THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned PUD, Planned Unit Development, and is subject to a previously approved Planned Unit Development ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial", and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 51", 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: The proposed uses are inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area. The impacts of the improvements exceed those anticipated by the existing and future land uses and cannot addressed through standard review and ordinances as adopted. 4. The planned amendments do not meet the intent and requirements of the applicable zoning regulations. 5. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD and must be removed from the site no later than .2021. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council denies the Planned Unit Development Amendment for Affordable Storage and amend the language of the Affordable Self -storage District to remove references to Industrial accessory uses. ADOPTED this 51" day of October, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 2 Keith Burnham I Amendment to PUD for Accessory Use Created by: City of Monticello Lot 11, Block 4, Groveland Addition I PID:155125004110 1 101111 nnsbrook Drive Parcel ID 155125004110 Alternate ID n/a Owner Address KB PROPERTIES LLC Sec/Twp/Rng 10-121-025 Class 234- INDS LAND & BLDGS PO BOX 1677 Property Address 10111 INNSBROOK DR Acreage n/a MONTICELLO, MN 55362 MONTICELLO District 1101 CITY OF MONTICELLO 882 H Brief Tax Description Sect-10Twp-121 Range -025 GROVELAND ADDN Lot -011 Block -004 (Note: Not to be used on legal documents) KB Properties PUD Amendment and Corresponding CUP Affordable Storage provides public self storage, with multiple locations in MN. The company has invested nearly $4MM in its 6.28 acre Monticello location and has provided a much needed service to the community. In addition to providing an in -demand service for local residents, Affordable Storage also contributes over $62,000 in annual property taxes, while placing very little demand on municipal services. In September of 2017, the City Council approved a PUD for Affordable Storage, located at 10111 Innsbrook Drive, and recently approved an amendment related to screening on this property (October 2020). Affordable Storage is proposing Accessory Use activities identified as "Open Sales" in the MZO within their current PUD. Subsection C of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance (MZO) outlines the permitting of an Accessory Use as follows: (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. "Open Sales" is defined on Page 495 of the MZO as follows: OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. As the display, leasing and sale of a "Portable Container" (Defined in MZO Page 499) is not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking, the proposed use being defined as "Open Sales" is accurate. "Open Sales" is identified as an allowed Accessory Use, with a Conditional Use Permit (CUP), in the underlying B3 Zoning District, as well as the 11 Zoning District as outlined in Table 5-4 on Page 415 of the MZO. Subsection E of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance goes on to establish the method for amending the existing PUD for this Accessory Use CUP as follows: (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (O,)(10. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Therefore, Affordable Storage, in accordance with the MZO, is applying for an Amendment to its existing PUD to grant a CUP for "Open Sales" as an Accessory Use. Affordable Storage is asking to be granted a PUD Amendment and CUP to allow for the utilization of 5,687 sq ft of at -grade space for the purpose of selling and renting merchandise and for the storing of the same prior to sale. This represents less than 7.5% of the current building space on site and 2% of the total land area of the parcel. This puts the request well within the Accessory Use guidelines as written in the MZO. The proposed locations for displaying varying size portable containers are outlined in the attached site -plan. This plan allows the maintaining of adequate site -circulation, fire access and snow removal. The area utilized for "Open Sales" will be neatly organized and screened from public view at a much higher standard than similar uses in the immediate area. There will be no assembly or manufacturing on site. All portable containers will be assembled off-site prior to being brought to the location to be displayed for the purpose of selling and/or renting. Although this accessory use will not substantially increase the amount of traffic, or noise at the site, Affordable Storage is willing to limit the hours for placement and replacement of the portable containers to Monday through Friday, between the hours of 10 a.m. and 4 p.m. Affordable Storage currently operates at 98% capacity for it's fixed location self -storage products indicating there is still substantial market demand for this use in the community. The addition of this Accessory Use will allow the company to not only serve more community members, but also serve them in a more convenient and affordable manner, capturing a growing trend in its industry. The proposed use has little to no measurable impacts on adjacent land owners, the general public right-of-way, or local infrastructure. There will be no changes to lighting, signage, garbage, or any other elements of the property. There will be no changes to the amount of impervious surface, or drainage on the site. Affordable Storage feels that this is an ideally suited location for this use and the request is in harmony with the area as well as the spirit of its original PUD. ir SNOW STORAGE AREA = 6,055 SF h'f A 20x81 2px8, 20X8, 1018, 2018 20 r8, 20X8 10,8 co o� 4 EA - 15'X8' p / STORAGE CONTAINERS i �\BGG SNOW STORAGE AREA = 5,330 SF \ SNOW STORAGE S�\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINERS a. \\� 2 EA - 15'X8' QJ 1 STORAGE CONTAINERS 3 EA - 8'X8' o,/ G STORAGE CONTAINERS V\�O 2 EA5' 8' 1� STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 1 EA - 20'X8' STORAGE CONTAINER �0- �\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINER �Q o, 4 EA - 7.5'X7.5' STORAGE CONTAINERS •i4 4 EA - 7.5'X7.5' / STORAGE CONTAINERS\Cj 4 EA - 7.5'X7.5' STORAGE CONTAINERS / SNOW STORAGE AREA = 15,525 SF / d d SNOW STORAGE AREA = 14,650 SF EpE EOF r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: la � • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA � SF al 76,144 SF PERVIOUS AREA r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: AREA (SF) BUILDING 1 • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA 121,956 SF BUILDING AREA 76,144 SF PERVIOUS AREA 75,316 SF TOTAL AREA 273,416 SF PROPOSED STORAGE CONTAINERS AREA (SF) BUILDING 1 CONTAINER SIZE AREA (SF) N0. OF CONTAINERS TOTAL AREA (SF) OF STORAGE 20'X 8' 160 17 2,720 15'X 8' 120 10 1,200 8'X 8' 64 3 192 7.5'X 7.5' 56 281 1,575 5,130 TOTAL AREA OF CONTAINERS 5,687 EXISTING BUILDINGS AREA (SF) BUILDING 1 3,364 BUILDING 2 4,530 BUILDING 3 5,130 BUILDING 4 4,530 BUILDING 5 5,130 BUILDING 6 4,530 BUILDING 7 5,130 BUILDING 8 4,230 BUILDING 9 5,130 BUILDING 10 3,930 BUILDING 11 5,130 BUILDING 12 3,930 BUILDING 13 5,130 BUILDING 14 3,030 BUILDING 15 5,130 BUILDING 16 5,130 BUILDING 17 3,030 TOTAL 76,144 STORAGE CONTAINER: z O D_ U U7 w 0 uO MI* 0 v 10� Z N 0 U 0 U 0 U 0 v N oW WV_ W p O li QW 9 U. .. N WN m m m 0w Qcow UJ ZH LD z Y O Q W C2 CD Lu D D D U D IL Z MI* 0 v 10� Z wN Zm W (n Y C oW WV_ W S2 umj -c li QW 9 U. .. C7W WN �WUJ ~0�0 y� Qcow UJ ZH m yN r1� ♦^ mzz XT LL v Oaj°C WWO 0 Z5 z JVW o - OJ c) LL, W a A U Lu z z LU J Q o Q U z u r QC Q O = LL U C Q Lu J Ln O 0- J W DC O W 0oU Lu c) p~L/)z Z I= 0 0 2 0 ILL ILL LL G 0 LL m O Q U F-- U SHEET N0. CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (b) Permitted Uses. Permitted principal uses in the Autumn Ridge PUD District shall be single family residential uses as found in the "T -N", Traditional Neighborhood Zoning District, subject to the approved Final Stage Development Plans and development agreement dated September 11th, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the T -N District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses as allowed in the T -N District, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the T -N, Traditional Neighborhood District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (8) Affordable Self -Storage PUD District (a) Purpose. The purpose of the Affordable Self -Storage PUD District is to provide for the development of certain real estate subject to the District for commercial land uses. (b) Permitted Uses. Permitted principal uses in the Affordable Self -Storage PUD District shall be self -storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 11, 2017 and development agreement dated September I Vh, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. Page 222 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. (d) District Performance Standards. Performance standards for the development in the Affordable Self -Storage PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (9) Rivertown Suites PUD District (a) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the development of certain real estate subject to the District for multiple family residential land uses. (b) Permitted Uses. Permitted principal uses in the Rivertown Suites PUD District shall be multiple family residential uses as found in the R-4, Medium - High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23, 2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium -High Density Residential District shall apply. City of Monticello Zoning Ordinance Page 223 CHAPTER 5: USE STANDARDS Section S.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures Page 414 City of Monticello Zoning Ordinance Accessory Building — P P P P P P P P P P P P P P P P minor ( 5.3 D1( 1 I Accessory Building — P P P P P P P C P P P P P P P Pmajor 5.3 D 2 Adult Use — accessory LP] C 5.3 Q 3 Agricultural Buildings 5.3 LQJ 4 Air Conditioning Units P I P P P P P P P P P P P P P P P Automated Teller Machines (ATMs) P P P P P P P P S. 3(D)(51 Automobile Repair — C Major 5.3(D Automobile Repair — Minor C C 5.3 UD 7 Boarder(s) P P p 5.3 UD 8 Bulk Fuel Sales/Storage P P P C ICI C 5.3 D 9 Cocktail Room (Retail Sales Accessory to Micro- C C C C C C Distillery) 5.3(D�(10) Co -located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(E) Columbarium (Accessory P P P P P P P use to Cemeteries) 5.3"D "11 Commercial Canopies P P P P P P P P 5.3(D 12) Commercial Transmission/ Reception Antennae/ C C C C C C Structures 4.13(D) Donation Drop-off P P Containers 5.3 LD13 Drive -Through Services P P P C P P P 5.3 Q114 Entertainment/ Recreation C C C C 14 5.3 D 15 — Outdoor Commercial Fences or Walls p p p p p p p p p p p p p p p P 4.3 Greenhouse/Conservatory p p p p p p p P P P P P P P P P 5.3 D 16 non-commercial Heliports C C C C C 5.3 D 17 Home Occupations P P P P P P P p p P 5.3 D 18 Indoor Food / p p p p p p p p 5.3 D 19 Convenience Sales Page 414 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 415 ' . - -. Indoor Storage P P P P p P 5.3 D 20 Incidental Light p p p p P 5.3(D)(21) Manufacturing Machinery/Trucking :�iEc 5.3(D)(22) Repair & Sales Office P P P P P P none Off-street Loading p p C P P P P P P P 4.9 Space Off-street Parking P P P P P P P P P P P P P P P P 4.8 Open Sales P h C C C 5.3(D(23) Operation and storage of agricultural P 5.3(D)(24) vehicles, equipment, and machinery Outdoor Seating — Accessory to restaurant, bar, production brewery with P\C P\C P\C P\C 5.3(D)(25) taproom, microdistillery with cocktail room, and/or brewpubs Outdoor Sidewalk Sales & Display P P P P P P P P 5.3(D)(26) (businesses) Residential 5.3(D)(27)(a) Outdoor Storage P P P P P P P P P P Industrial 5.3 D 27 b Park Facility Buildings & P P P P P P P P P P P P P P P P 5.3(D)(28) Structures (public) Private Amateur 4.13(6) Radio P P P P P P P P P P P P P P P P Private Receiving Antennae and P P P P P P P P P P P P p p p p 4.13(C) Antenna Support Structures City of Monticello Zoning Ordinance Page 415 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance Retail Sales of Goods (as P P P P P P C C 5.3(D)(29) part of an office or industrial use Shelters (Storm or P P P P P P P P P P P P P P P P 5.3(D)(30) Fallout Sign(s) P P P P P P P P P P P P P P P P 5.3 D31 Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(32) Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(33) Taproom (Retail Sales C C C C C C 5.3(D)(34) Accessory to Production Brewer Large Trash Handling and P P P P P P P P P P P P 5.3(D)(35) Recycling Collection Area Wind Energy Conversion C CC 7 C C 5.3(D)(36) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(37) System, Non-commercial Wireless Telecommunications Support Structures C C C C C C C 4.3"E 4.3(Fl (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots or on the effective date of any amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or the amendment. NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions. OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OFFICE USE: An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services. OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business. OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light. OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. OPEN SPACE: An area on a lot not occupied by any structure or impervious surface. OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space. City of Monticello Zoning Ordinance Page 495 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters which may include wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. OWNER: The person or entity with a legal or equitable interest in the land on which the construction activities will occur. PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a building. PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features. PARK FACILITY, PASSIVE: A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced, for a period of less than twenty-four (24) hours. PARKING BAY: The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces. PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties. Page 496 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river. ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOT ZONE: The area inside the dripline of a tree that contains its roots. SCHOOL, Pre -K-12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF -STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. City of Monticello Zoning Ordinance Page 501 FUTURE LAND USE MAP COMMERCIAL DESIGNATIONS There are four commercial and mixed land use designations as follows: Community Commercial A Community Commercial designation applies to existing commercial uses along State Highway 25, School Boulevard and Chelsea Road, as well as other small pockets of Monticello that include existing shopping centers, retailers and entertainment uses. The intent of Community Commercial is to provide locations for everyday retail goods and services generally oriented to a city-wide basis. Regional Commercial A Regional Commercial designation applies to areas targeted for uses that serve the traveling public and larger retail uses and commercial development intended for a regional market. This designation is generally applied to various areas along the Interstate 94 corridor with high visibility. The development character of the regional commercial development will continue to be auto -oriented, large format commercial uses such as `big -box' uses and other uses that require a large parking area. Looking to the future, opportunities for connectivity and design linkages between such development and nearby uses and neighborhoods will be emphasized. Downtown Mixed -Use The Downtown Mixed -Use category identifies and designates the downtown area as a primary development focus for downtown intended to improve, revitalize and redevelop Downtown Monticello as envisioned in the 2017 Downtown Small Area Plan. The goal is to transform downtown into a thriving commercial area with new mixed-use, specialty retail and restaurant uses with enhanced streetscape and pedestrian amenities. Entertainment uses, co -working spaces, boutiques and cafes are also envisioned. New downtown development should also embrace and be oriented towards the river whenever possible. Commercial/Residential Flex The Commercial/Residential Flex designation encourages the mix of flexible and compatible development of commercial, office, retail and residential uses in limited areas of the city on the same or adjacent properties. The purpose of this designation is to give the city and property owners flexibility for future land use based on market demand. The Commercial/Residential Flex designation is applied to a few of the remaining large vacant parcels in the City including the parcels located south of Chelsea Road and north of School Boulevard and centered along Dundas Road. This designation is also applied to parcels located between Interstate 94 and 7th Street West. These properties may be developed as commercial, residential, or mixed land uses under the city's PUD zoning, subject to review and approval of the City. TABLE 3.3.- FUTURE LAND USE COMMERCIAL ACREAGES Land Use CategoriesAcreage Community Commercial 125 Regional Commercial 433 Downtown Mixed -Use 48 Commercial and Residential Flex 174 Source: Monticello Downtown Small Area Plan (2017) 60 (« LAND USE, GROWTH AND ORDERLY ANNEXATION COMMUNITY COMMERCIAL (CC) The Community Commercial designation includes low -scale retail, service, and office uses located along the City's arterials and collector streets. Some of these areas are developed as auto -oriented "strip" shopping centers while others are freestanding offices, commercial uses, or clusters of businesses intended to meet the needs of the community at large. Typical retail uses would include supermarkets, drug stores and miscellaneous local -serving retail stores and services. Typical office commercial uses might include banks, finance, real estate, medical and dental offices, and professional services. Typical service commercial uses might include gas stations, restaurants including fastfood, used car sales, and minor auto repair businesses. MONTICELLO 2040 VISION + PLAN Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District Primary Mode Vehicular with access to collectors and arterials Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 5th, 2021- 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Paul Konsor, Andrew Tapper, Eric Hagen and Teri Lehner Commissioners Absent: Alison Zimpfer Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Hayden Stensgard, and Ron Hackenmueller 1. General Business A. Call to Order Chairperson Paul Konsor called the regular meeting of the Monticello Planning Commission to order at 6:00. B. Consideration of approving minutes a. Special Meeting Minutes — July 6, 2021 b. Regular Meeting Minutes — August 7th, 2021 c. Regular Meeting Minutes — September 7th, 2021 ERIC HAGEN MOVED TO APPROVE THE AUGUST 7th AND SEPTEMBER 7th PLANNING COMMISSION MEETING MINUTES. TERI LEHNER SECONDED THE MOTION. MOTION APPROVED UNANIMOUSLY, 4-0. ERIC HAGEN MOVED TO TABLE THE JULY 6th SPECIAL MEETING MINUTES APPROVAL; PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4-0. C. Citizen Comments None D. Consideration of adding items to the agenda None E. Consideration to approve agenda ANDREW TAPPER MOVED TO APPROVE THE OCTOBER 5, 2021, PLANNING COMMISSION MEETING AGENDA, ERIC HAGEN SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY 4-0. 2. Public Hearing A. Public Hearing — Consideration of request for Amendment to Planned Unit Development for expansion of an existing Vehicle Sales & Rental use in a B-3 (Highway Business District). Applicant: Ashbrook, Aeron Planning Commission Minutes—October 5, 2021 Steve Grittman provided an overview of the application. The PUD that is in place in this location was put in place to accommodate the shared access between West Metro as well as Cornerstone. The expansion would be an addition to the already existing building on site. The applicant provided two different plans for the one expansion proposed. The first one included service bays for vehicles to be worked on, the second set of plans also included the service bays, but also had a second story on the expansion for office space. If plans are approved, the applicant will move forward with the plans that include the second story. The expansion would have very little impact on the site plan. This use is an allowed use in the zoning district and the expansion fits the site, causing no setback issues. Staff believes the use is consistent with both the function of the property as well as the intent of the PUD. Staff recommends approval of the amendment to the conditional use permit with the conditions noted in Exhibit Z. Eric Hagen asked how far the building would be from the Child Care Center next to it following completion of the expansion. Stephen Grittman said that the site plan showed a setback of about 35 from the property line and that there is a parcel that divides the property lines of both West Metro and the Child Care Center, which is roughly another 20 feet. The total space separating the two is about 55 feet. Paul Konsor opened the public hearing, hearing no comments, the public hearing was closed. Eric Hagen said that he believes it is a good use for the space and agrees with the staff s recommendation. Andrew Tapper said he did not see an issue regarding parking on the site. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-034, RECOMMENDING APPROVAL OF AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, BASED ON THE FINDINGS IN SAID RESOLUTION ON THE CONDITIONS IDENTIFIED IN EXHIBIT Z, ANDREW TAPPER SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY 4-0. EXHIBIT Z Conditions for Approval Planned Unit Development Amendment for West Metro Buick GMC 1. The site plan shall be modified to specify intended off-street parking areas and related drives aisles. 2. The applicant address, to the satisfaction of the City, the handling of increased parking demand which may result from the addition of 2,736 square feet of new office space included in the "Plan B" development option. This dedicated parking should include adequate parking for employee counts under either option, and avoid on -street parking needs. Planning Commission Minutes—October 5, 2021 3. The height of the two-story development option (Plan A) shall be reduced to 30 feet. 4. The submitted building elevations shall be modified to specify intended finish materials that match the existing structure. 5. All new site signage shall be subject to sign permit processing. 6. Issues related to site grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. B. Public Hearing — Consideration of a request for Conditional Use Permit for Accessory Structure exceeding 1,200 square feet and a Variance to Accessory Structure square footage maximum of 1,500 square feet and Variance to side yard setback for an existing single-family residential use in the Central Community District, General Sub -District. Applicant: McCarty, Clarence Steve Grittman provided an overview of the land use application request. Grittman noted that there are three proposed resolutions, two of which needed action. The one is for the Conditional Use Permit and the other two have to do with the Variance request. The applicant is looking to add 20 -foot -wide garage on the east side of the house. The setback would be met as it is 6 feet from the property line. The added square footage of the garage would put the total square footage of accessory structures over 1,900 sq ft. The zoning code calls for single-family homes to not have more than 1,500 sq ft of accessory structures, but the code also calls for single-family homes to have an attached 2 -car garage. The issue brought forth would be whether to allow the applicant to exceed the threshold of 1,500 sq ft after the Condition Use request. Staff believes that the attached garage is a consistent use for the site. Grittman noted the variance request to exceed 1,500 sq feet has been seen recently in the past and has been denied subsequently. Staff s recommendation is to approve the Conditional Use Permit to exceed the 1,200 sq ft threshold up to 1,500 sq ft but deny the variance to exceed the 1,500 sq ft threshold. An option observed by staff would be to reduce the size of existing accessory structure to meet the maximum of 1,500 sq ft. Eric Hagen asked if there was any historical significance to the barn on the property where making changes to it would be a problem. Grittman responded that it is not on the historic register. Paul Konsor asked if there was an aerial view of the barn on site, to know that there were no additions to the barn since its first construction. Grittman responded saying that just based on observation of what information is currently available, it does look like it was added on at a later date. Andrew Tapper asked for clarification there is no verification of the age of the building. Grittman noted that the applicant would be able to better answer that question. Charlotte Gabler asked if the commission had been approached about a similar Planning Commission Minutes—October 5, 2021 situation with the applicant prior to this hearing. Grittman confirmed that the applicant had submitted a similar application for a different parcel. Paul Konsor opened the public hearing. Applicant Clarence McCarty said that there is no documentation regarding the age of the barn but is aware that it is over 150 years old. A colleague at the Wright County historical Society had told him that the barn used to be the town's livery stable. McCarty confirmed that the barn has been added on to, but it would not be applicable to remove any parts of the barn. Eric Hagen noted that it has been allowed before for applicants to go above the 1,200 square feet. Hagen also understands the use of the barn, the option is there to remove parts of accessory structures to meet the 1,500 square foot maximum, but it is not desirable. Steve Grittman clarified that variances were decided by hardship, meaning there is no other option. That has since changed to practical use, where as long as it seems like a reasonable request, the variance could be granted. Eric Hagen asked Steve Grittman if it still true that variances can be approved only if all conditions were met. Grittman responded saying that to approve a variance, the essentials include a unique condition to the property, that said condition was not created by the applicant, and that same condition creates practical difficulty in terms of putting the property to reasonable use. The term "reasonable use" offers flexibility in its definition. Eric Hagen said that it is certainly unique to have a barn in the middle of down. But it does not restrict the property from reasonable use. He also noted that even though the specific impeding structure may be a unique situation because it is a barn, if it was another type of structure causing the same problem, those two situations would be one in the same. Applicant Clarence McCarty noted that this condition was in fact not created by himself (the applicant) as the barn was built before the town was created. It would be difficult to remove any parts of accessory structures on the property, but believes the attached garage is a necessary structure for the property. Andrew Tapper said that if there was some validation of the significance of the barn, it would be a different story. Eric Hagen agrees with Tapper saying that if something makes this barn unique to any other structure, then it would be clearer to the variance approval. Hagen also noted that it may be a good idea to look at the separation between hardship and reasonable use noted earlier, this would also potentially give the applicant more time to see if there actually is some historical significance to the barn. Hearing no more public comments, Paul Konsor closed the public hearing. Paul Konsor said that his opinion is that any property has limitation to it, the Planning Commission Minutes—October 5, 2021 barn is in use and being utilized and the homeowner, due the ask for expansion, has outgrown the property. Unless there is something from a historical society, he could not see reason to approve the variance. Teri Lehner concurs with Paul Konsor that if there is something to make this historically significant beyond the barn just being old, then the variance would be easier to approve. Steve Grittman noted that it is discussed in the staff report that if the planning commission is looking for a way to approve this, those factors would need to be addressed, such as information claiming historical significance on the barn. Andrew Tapper asked that if the CUP was approved but the variance was denied, could the applicant come back with the variance to try to get it approved again. Grittman responded saying that they would need to do it within six months, or they could appeal it to the City Council. Councilmember Charlotte Gabler asked Steve Grittman if they approved the CUP and removed the part in exhibit z regarding the removal of existing accessory buildings to meet the 1,500 square foot maximum and said this property has met its max capacity for square footage and could not ask again, could that be possible. Steve Grittman said that could be a condition on the CUP, but it is unlikely to make this a binding agreement down the road, due to new councils being able to overturn the decision. Paul Konsor suggested approving the CUP and tabling the decision on the variance. Andrew Tapper asked the staff about the application deadline if the variance decision was tabled. Angela Schumann said that staff would need to send the applicant an extension letter, or the applicant would have to waive their 60 -day timeline. Commission would have until December 23rd, 2021, to make a decision on the variance. Eric Hagen believes that historical significance might not have anything to do with approving or denying the variance. Andrew Tapper responded that the commission would be looking for something binding or official. Eric Hagen does not see a way that this variance could be approved without it causing problems in the future with other decisions. Decision 1: Consideration of a Conditional Use Permit for a detached garage with a total of more than 1,200 square feet on a single-family parcel. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-035, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT, BASED ON THE FINDINGS IN SAID RESOLUTION, AND THE CONDITIONS OF APPROVAL AS REQUIRED IN THE ORDINANCE AND IN EXHIBIT Z. SECONDED BY PAUL KONSOR. MOTION CARRIED UNANIMOUSLY 4-0. Planning Commission Minutes—October 5, 2021 Decision 2: Variance from the maximum total garage space on a single-family parcel. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-036 (DENIAL), DENYING THE VARIANCE FOR A DETACHED GARAGE EXCEEDING THE TOTAL SQUARE FOOTAGE ALLOWANCE OF 1,500 SQUARE FEET ON A SINGLE-FAMILY PARCEL, BASED ON THE FINDINGS IN SAID RESOLUTION. SECONDED BY TERI LEHNER. MOTION CARRIED 3-1 WITH PAUL KONSOR VOTING IN OPPOSITION. EXHIBIT Z Conditions for Approval Conditional Use Permit for 319 W 3rd St 1. A portion of the existing accessory building shall be removed such that a setback of not less than 6 feet is maintained along the north property line. 2. The amount of accessory garage (storage) space on the property shall not exceed 1,500 square feet. 3. No accessory buildings other than the new attached garage and the reconstructed detached building are permitted on the property. 4. The proposed attached garage is constructed per the provided plans. 5. No business use may be made of the building, and such building is utilized solely for the storage of personal residential equipment and materials. 6. The exterior materials used to finish the new attached accessory structure must match the existing home in material type and color. 7. No exterior lighting be attached to the garage that will glare onto adjoining property. 8. All exterior parking and storage shall meet the requirements of the zoning ordinance, and existing residential trailers, equipment, and other storage is removed from the site, lawfully parked in the rear yard, or stored in the accessory buildings on the property. 9. The disturbed areas of the site shall be seeded or sodded within one calendar year of the issuance of a certificate of occupancy. 10. Recommendations of the City Engineer. 11. Comments and recommendations of other staff. Planning Commission Minutes—October 5, 2021 C. Public Hearing — Consideration of request for an Amendment to the Affordable Storage Planned Unit Development for Proposed Portable Container Accessory Use. Applicant: Burnham, Keith Steve Grittman provided an overview of the land use application request. Grittman notes the applicant states that in the language of the PUD district, outdoor storage is an accepted accessory use, but staff believes this is a typographical error. As part of the original approval of the PUD, outdoor storage was not intended to be allowed. Staff believes the intent of the application was to accommodate a low -intensity commercial use in this location give its proximity to the residential area, which is consistent with the comprehensive plan in this area. The addition of the storage boxes to the site would introduce more traffic to the site, particularly equipment that would move these boxes on and off the site. Staff believes this is incompatible with the way the district was originally designed. The applicant suggests that the storage boxes are a form of outdoor display, which is allowed in some commercial areas in Monticello. In staffs view, this type of use differs from outdoor display. Staff recommends denial of the amendment to the planned unit development as proposed. Eric Hagen asked how this application is different from the one the applicant submitted in the month of August. Steve Grittman responded that the applicant withdrew the application prior and reconfigured the layout of the site and rewrote the application in a different form. Paul Konsor asked to clarify the decision on the table. Grittman clarified by describing the first decision as the amendment to the planned unit development proposed by the applicant. The second decision is from the City of Monticello staff that would correct the wording in the existing in the PUD, as the intent of the language was to reflect commercial uses, rather industrial uses. Eric Hagen asked if this language was specific to this Planned Unit Development. Grittman confirmed that this language is specific to this Planned Unit Development. Paul Konsor asked what the language clarification of language would do to the PUD. Grittman responded by saying that the applicant was relying on the language to allow this use the applicant is applying for. Staff is looking to clear this up so future confusion wouldn't be necessary. Tapper added on saying that this PUD has always been a Commercial district and not Industrial. Paul Konsor asked to clarify that conditions within a PUD is specific to the property the PUD relates to. Planning Commission Minutes—October 5, 2021 Grittman said that was correct. Paul Konsor asked why this language change would make a difference when the condition was already specific to only this property under discussion. Grittman described the way language is created specifically for PUD and that the grammatical error came when the PUD was created. Paul Konsor opened the public hearing. Tim Dolan of the Decklan Group, representing the applicant Keith Burnham, said that the applicant interpreted the PUD the way he read it, that is why the storage boxes were already placed on the site. The language in the PUD that the amendment would change is where a great deal of confusion came from regarding this application. The basics of the request is that the storage boxes on site are not outdoor storage. The applicant claims that these storage containers are not outdoor storage, but more so open sales. The definition of Open Sales in the code reads as follows: "OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking." Since these containers are for rent or for sale, the applicant believes that these should be allowed in the PUD. The definition of Open Sales is vague and doesn't include the size of what is being sold, or where it is allowed to be sold. The applicant also believes that the amendment to the language does not apply to this request. Mr. Dolan also clarified the difference between the original application to the one being discussed at this meeting included public access and that this application is a Conditional Use Permit to allow open sales. The original focused more on the discussion of outdoor storage. Mr. Dolan also noted that the comprehensive plan guidance regarding this Planned Unit Development, the underlying zoning district, is Community Commercial. Permitted uses in Community Commercial include gas stations, drive-thru's, strip malls etc. The point being that these uses create more traffic and noise than what is being proposed in the application. Mr. Dolan believes this is the lowest impact use that could be put on said site, and that this is backed by almost all subsets of planning data. From a noise perspective, Mr. Dolan and the applicant both have difficulty in seeing the problems this would have involving added noise to the area. Dolan also noted that of the first 16 parcels on Chelsea Road, 14 have some sort of Outdoor Storage and/or Open Sales. Dolan does not see a better place in the whole city of Monticello that these storage containers could be placed. Dolan addressed staff concerns regarding the snow storage on site with these containers taking up some space where that snow storage would be, saying that the applicant did not want to continue with any further engineering regarding snow storage without some guidance form the planning commission. The Planning Commission Minutes—October 5, 2021 applicant has no problem also with addressing issues with fire access and public traffic through the site. To further emphasize cooperation, Dolan expressed his preference for tabling the decision so staff and the planning commission, as well as the applicant, could address concerns. Paul Konsor asked if Mr. Dolan if he knew if the applicant was aware that the original PUD had the clause included that stated no outdoor storage. Tim Dolan said that yes, the applicant was aware, but the application does not address outdoor storage because the argument is that it is open sales. Paul Konsor asked if the original PUD for the site had anything regarding open sales as an allowable use. Tim Dolan said that the PUD allows accessory uses on the site. It would "open sales as an accessory use to storage". Dolan noted that the accessory use definition for the PUD emphasizes a footprint on the site at no greater than 30 percent, this applicant is using around 5 percent. Paul Konsor asked why the PUD allows for open sales when originally the PUD was established for a storage facility. Dolan responded that the PUD outlines what could potentially be utilized on the site. For accessory uses, steps apply to getting the go ahead for accessory uses in the district, which is why they submitted an application. This process was something that both parties agreed upon when creating the PUD. Andrew Tapper asked that the applicant's preference would be for the planning commission to table action so they could come back with a Conditional Use Permit Application regarding open Sales as an accessory use. Tim Dolan said no, the CUP is already a part of this current application. But it would be tabled to allow the planning commission to tie any loose ends regarding this application so there is no confusion. Paul Konsor asked if the containers are for rent or for sale. Tim Dolan answered that they are both for sale and for rent. Paul Konsor asked if customers typically come to the site and pick up the boxes. Tim Dolan responded that they could do that. But the goal of these containers is to advertise to current customers who come to the site already, that is why they are not placed along Chelsea Road. Paul Konsor asked if a customer buys a container, the customer keeps it. Tim Dolan said potentially, yes. Paul Konsor said the definition for Outdoor Storage in the PUD includes the keeping of merchandise, which is what the containers are, so merchandise storage for longer than 24 hours would not be allowed in the PUD. Tim Dolan noted that the functioning word in that definition is "keeping". In terms of Open Sales, the definition's first part is what the applicant believes to be applicable in this situation. The differentiating part between the two is sales. Planning Commission Minutes—October S, 2021 Paul Konsor explained that he was attempting to clarify what specifically applies here whether it be outdoor storage or open sales. Andrew Tapper asked again to clarify whether this is an application for an amendment to the existing PUD to grant a CUP for open sales as an accessory use. Tim Dolan said that yes, this is an application for CUP to grant open sales as an accessory use. Andrew Tapper noted for clarification, that if the planning commission decided that this use was considered outdoor storage, then the application would go no further. But if the planning commission sees it as open sales, then this would come back next month looking for an amendment to the CUP. Steve Grittman noted that the main discussion is whether this is outdoor storage or open sales, and Grittman reminded the body that staff believes this is outdoor storage. Paul Konsor asked Steve Grittman if open sales was originally allowed in the CUP. Grittman responded that no, open sales was not allowed originally in the CUP. Paul Konsor believed that originally, the intent was clear that outdoor storage was not allowed, and because they are on the site for more than 24 hours, it is difficult to call this open sales. Tim Dolan emphasized that the applicant is relying on the City's code, not that the applicant is creating his own language. Angel Schumann clarified that reapplying would be necessary. The narrative provided by the applicant states that the application is proposing accessory use activity identified as open sales. The PUD itself states that the accessory uses shall be commonly accessory and incidental to the ordinance adopted and as specifically identified in the Final Stage PUD. Reapplying would not be necessary considering what they are already asking. Teri Lehner asked if the decision on the table is specific to whether this action is outdoor storage or open sales. Eric Hagen did not believe that this was the case. Charlotte Gabler asked Mr. Dolan if the boxes were rented, would they be brought back to the site and stay there after being filled. Tim Dolan said potentially. Charlotte Gabler and Paul Konsor were both in agreement that if that is the case, they would then be considered as outdoor storage. Paul Konsor noted that this discussion is not necessarily fixed on what this act will be called, it is more so whether the planning commission would allow it. On that note, Tim Dolan emphasized the area in which they are asking to do it, in the district and on the site itself, and that it is small ask. Charlotte Gabler asked why they physically need to be on the site in the first Planning Commission Minutes—October 5, 2021 place, because they are empty when bought or rented, why they couldn't be stored somewhere else, and the customer can pick one out of a catalog when the item is needed. Tim Dolan said that they could, but the intent for these to be on site is to put them in front of Affordable Storage's customer base. Paul Konsor asked if the applicant would be willing to have the three different sizes on site and when a customer needs one of the sizes, it would be shipped from a different site to wherever the customer needed the storage box. Tim Dolan responded that the one reservation the applicant would have with that is the replacement of said box when it is needed. Eric Hagen asked if these containers were being utilized by the business now. Tim Dolan said no the ones on site are not being used. Eric Hagen asked if they would be considered outdoor storage right now when they are not being used or being rented or sold. Tim Dolan said yes, as they sit now, they are outdoor storage until the issue at hand is resolved. Eric Hagen finds this concept of open sales difficult when in fact, they are being stored on the site. In doing so, the applicant would be in violation of the PUD due to the use of outdoor storage. Hagen understood that the definition of what these storage containers should be classified as is different in the eye of the applicant. When they are sitting on the site, full or empty, they are not there specifically for advertisement, but also storage. Andrew Tapper asked Eric Hagen what the difference between a box and a car if they are both items for sale and rent. The point of it being that it needs to be an approved accessory use. If it was agreed upon that this specific instance is open sales, it still would be against the PUD regarding the accessory use of open sales. Tapper's argument is that open sales in this case would be other activity, and not an accessory use. But he does see that it is very difficult to decide what these containers could be defined as. Angela Schumann pointed out that vehicle sales and rental is a specific use outlined by code and has its own standards. She also reminded the commission that this site has its own PUD district so the accessory use, whatever it be defined as, was not intended for this PUD, but the applicant has the ability to amend the PUD to allow one of these accessory uses. Paul Konsor asked if the applicant would be willing to display the four container sizes outside and the rest be stored inside a building. Tim Dolan said that there is no room to add building space on the site for them, and that it would affect the noise and vehicles moving the containers around the site. Tim Dolan reemphasized that this application is based on the City's adopted code. Charlotte Gabler asked if there was a way this request could be an Interim Use Planning Commission Minutes—October 5, 2021 Permit rather than a Conditional Use Permit. Grittman responded that the amendment to the PUD could have an expiration date. Tim Dolan requested that if an expiration date were to be added to this application, a minimum of 24 months would be appreciated. Eric Hagen asked what differences the city see in that 24 -month period. Eric Hagen sees an issue with this because the containers are still being stored on site, and the expiration date for this application would not change that fact. It is going to set a precedent for other storage businesses to see what they can sell at their sites beyond storage. Tim Dolan emphasized that the definition of open sales includes the storage of said item for sale. Paul Konsor recommended to table this item for everyone to have time to get a better grasp of the issue. Tim Dolan said that was fine and this was expected by the applicant. Eric Hagen asked Paul Konsor if he didn't feel comfortable making a decision on this issue tonight. Paul Konsor responded and said he believes there could be more discussion of options, while these options haven't been discussed to the full extent, tabling would be an option. Teri Lehner agreed that more time to fully understand the issue at hand would be beneficial. Shawn Weinand, a landowner in the area, believes this is another tactic to postpone the moving of the containers. Notes there is no store on site to sell anything. Accessory uses to mini storage would include selling packaging and tape, etc. Mr. Weinand believes this was clear in the PUD. Eric Hagen believes that the only thing that has changed between the previous application to the current one is the definition of what the storage containers are. Paul Konsor closed the public hearing segment of this item. Andrew Tapper clarified his view that it is difficult to deny this as open sales. But they can deny the fact that this is an approved accessory use to the PUD. Teri Lehner agrees that the original intent was not to have 40 containers on site. Eric Hagen believes that the job of the planning commission is not to find a solution, it is to act on the application at hand with the information given. Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. PAUL KONSOR MOVED TO ADOPT RESOLUTION NO. PC 2021-037, BASED ON Planning Commission Minutes—October 5, 2021 FINDINGS AS IDENTIFIED IN SAID RESOLUTION, AND REQUIRING THE REMOVAL OF THE STORAGE BOXES FROM THE SITE NO LATER THAN NOVEMBER 15, 2021. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4- 0. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self -Storage to correction of language in Section (8)(c). PAUL KONSOR MOVED TO RECOMMEND APPROVAL OF A PUD AMENDMENT FOR THE AFFORDABLE SELF -STORAGE PLANNED UNIT DEVELOPMENT FOR CORRECTION OF LANGUAGE IN SECTION (8)(c) TO READ AS FOLLOWS: ACCESSORY USES. ACCESSORY USES SHALL BE THOSE COMMONLY ACCESSORY AND INCIDENTAL TO INDUST -44 INDUST-44COMMERCIAL USES, AND AS SPECIFICALLY IDENTIFIED BY THE APPROVED FINAL STAGE PUD PLANS, BUT SHALL NOT INCLUDE OUTDOOR STORAGE OR OTHER ACTIVITIES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4- 0. D. Public Hearing — Consideration of a request for Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat Monticello Business Center Eighth Addition for Monticello Meadows, a proposed 200 -unit multi -family residential project in a B-4 (Regional Business) District. Applicant: Baldur Real Estate, LLC Steve Grittman provided an overview of land use application request. The site would include two 100 -unit apartment building as well as a community center. One of the comments staff had concerning the layout of the buildings on the site would be to adjust the buildings to fit better with the boundary lines. A significant amount of fill will be necessary on this site to build up the buildings. Grittman noted that this use of land is entirely consistent with the Chelsea Commons Small Area Plan expectations with the site. Staff supports the resident density of the area at 18.5 units per acre and would have supported a denser residential use of this site. Staff also supports the open space amenities proposed on site, such as the community building. The building is valuable and supports the idea of the proposed Planned Unit Development. The parking supply is below the standards that are applied in R-4 districts for multi -family. The expectation is 2.25 parking spaces per unit and this site has proposed a parking average of 2.1. The applicants do however meet the standards when it comes to indoor parking, with 100 parking spaces underneath each building. Staff recommends that there is more detail to the lighting on site as well as the signage that will be on site. With the site being in the southern biome of Chelsea Commons, staff expects a more natural look in terms of grading. The berms on site have been updated since the original plans were received by staff to better fit the "Oak Savanna" style biome and features in the southern part of Chelsea Commons. Fire access is one area that needs to Planning Commission Minutes—October 5, 2021 be addressed as well. The applicants will need to clarify a better way to access the back sides of the buildings proposed. If access is still necessary, a trail system going around both buildings could be applicable if it meets all the necessities from the fire department. Staff would also recommend the structure of the building to represent the prairie style architecture that will be in the southern biome of Chelsea commons. It has been noted in the staff report that the community building proposed does represent the prairie style architecture staff is looking for on the site. Significant enhancements are recommended by staff in terms of the landscaping on site. Staff would appreciate to see landscaping that supports the southern biome of Chelsea Commons with more prairie -like trees and shrubs. The stormwater plan for the site includes capturing the stormwater and routing it to the proposed pond system at the center of Chelsea Commons. The for the Planned Unit Development on this site mainly include the ability to elevate the proposed site above minimum requirements of any residential district in Monticello. Grittman closed by reminding the commission that the decision tonight include rezoning to a Planned Unit Development and a Development Stage PUD, as well as a preliminary plat. Paul Konsor asked to confirm the new name of the project as it has changed from Monticello Meadows to Monticello Lakes. Andrew Tapper asked Grittinan to clarify the site the project has chosen to build on. Tapper also asked to clarify some topographical questions regarding the slope of the site. Chalrotte Gabler asked about the garages that were added to the site on the night of the Panning Commission meeting and what that means for the site. Grittman said he did not have any further comment on the garages at that point. Charlotte Gabler asked if garages on a site were ever discussed when discussing the Chelsea Commons Small Are Plan. Grittman said that the Small Are Plan does not define anything like garages on an apartment site, and most the project involved in the Small Area Plan are going to be PUD's so they will be analyzed individually. Paul Konsor asked if staff had given anything to the applicant regarding the architecture style the City is looking for in this region of Chelsea Commons. Steve Grittman responded that there is nothing beyond what is in the staff report. Eric Hagen noted that in the small area plan, parking has been discussed and promotes underground parking to minimize the area for parking in the small area plan. Paul Konsor opened the public hearing. Mark Welch of G Cubed Engineering said that reiterations have been done following the meeting with staff on the Tuesday before the planning commission meeting. The landscape requests have been acknowledged and are being worked on. The updated site plan showed that the community center Planning Commission Minutes—October 5, 2021 proposed on site has moved, other adjustments include the pathways on site, as well as the added garage space. Welch noted that the one underground parking space is attached to each apartment rented, they are not separate. The Garages however are separate and do not come with renting a unit. Eric Hagen asked how many garage spaces are being proposed for the site. Mark Welch said there are seven buildings for garage space and one building has eight spaces, 56 garage spaces, which would allow for just over a quarter of the units to have a garage space as well as one underground space. Welch also addressed the staff concerns regarding the fire access on the site. He said that as the site is in the plans, they meet the hose lay out lengths for being able to reach all parts of the buildings in case of emergency. Eric Hagen asked about the parking spaces facing the lakes on the site plans and was wondering if that would be the best use for the area. Mark Welch said that this was provided for the fire truck turn around criteria. But that could be adjusted to better utilize that space for looking at the lake. Paul Konsor asked if Mark Welch was the applicant, designer or architect. Mark Welch said that he was representing the applicant and he has been a part of the site layout process. Welch noted that one of the changes made was the roof design on the apartment complex. Eric Hagen asked if the housing density has changed since the last plans were provided to staff and the commission. Mark Welch said that the site has the same density and is still at 200 units. Eric Hagen rephrased his question and asked if the 18.5 per acre density has stayed the same from original plans to the updated plans. Mark Welch said that was correct. He also noted that due to the geometry of the site where the apartments are proposed, the applicant and designers could not rearrange the buildings to better orient the site. Eric Hagen mentioned that it had been discussed before about where the garages are, that piece of the site could have been used for light commercial. Such as a coffee shop or etc. Hagen was wondering if that idea was still being floated around or if it was of the table following the addition of the garages. Mark Welch said that there hasn't been much discussion of bringing commercial use on to the site. If commercial uses were to be added to the site, then there would have to be discussion of a second access. Charlotte Gabler noted that the second access point to the site would be very close to the intersection on Edmonson Avenue and that could be difficult. Mark Welch said that at this time, adding a commercial use on the site would not be something that is ideal to the site plan. Welch also noted that the site plan needs to show more berms along Edmonson Avenue. Eric Hagen asked if the landscaping was going to incorporate more of the Planning Commission Minutes—October 5, 2021 "Oak Savanna" style landscape to better fit the proposed biome. Mark Welch said that at this point they are not far enough along to show the specifics of the Oak Savanna style landscape. Eric Hagen asked about the intent underneath the powerlines on site if that was planned to be reserved for stormwater. Mark Welch said that there will be a need for stormwater in that area of the site, due to some of the grading on site and where things slope. Welch also noted that the developer adds a significant piece of art on the sites he develops and noted that there is not subsidized housing in these apartments. The apartments are going to be market rate and they will be on the higher end of that market rate. Paul Konsor made the comment that tabling decision on this project is still an option for both parties to address the conditions that would be adopted if this was approved. Paul Konsor also noted that he believed, architecturally, the apartments do not fit the expected design of the southern part of Chelsea Commons. It was brought up to him that this complex would be something not normally seen in Monticello, but to him it is a normal apartment project. When looking at the design standards for this part of Chelsea Commons, the material and landscape should reinforce the themes of the area. While it should be more of a prairie style architecture theme, Konsor does not believe the site plan fits that theme. Mark Welch noted the change in roof structure and how that change was specifically made to try and work in more of the prairie style theme. He also mentioned the difficulty of keeping with the prairie style architecture with larger buildings. He emphasized that the stacked glass on the complexes is reflective of that prairie style look in bigger buildings. Angela Schumann noted that the developer and his team are making an effort to respond to the conditions described in the staff report and the designs of the buildings and materials to better fit the style is one of the conditions. The staff report specifically addresses an enhancement of building entrance points and gateways on to the site. Eric Hagen said that he admires what has been presented to the commission but would like to see the project finalized between the developer and staff so there is an agreed upon project presented. Andrew Tapper said the project looks good and acknowledges the difficulties in making a three-story building align with that prairie style architecture. Tapper also addressed the possibility of instead of the added brick or stone the exterior of the building, adding more natural wood to it. Shawn Weinand, the owner of the land this site is proposed, said that the apartments the developer has already built are some of the nicest buildings in the Twin Cities. He noted that this project is one of the nicest projects that he has assisted with bringing to the Planning Commission. He finished his statement emphasizing that the more pressure the commission puts on the developer, the more difficulty he is going to have completing projects in Planning Commission Minutes—October 5, 2021 Monticello. Paul Konsor closed the public hearing segment of this agenda item. Eric Hagen asked staff if there was any way to have a special session if conditions are met before the next scheduled planning commission meeting to approve this item. Angela Schumann said that special meetings are directed under the action of the commission. If this is something that the commission could see doing, the next step for this item would be to table decision and wait for those conditions to be met. To keep with the same schedule for review at the council level, the applicant would have about five days to address the concerns so the planning commission would have time to call a special meeting before council reports were completed. Mark Welch said that that timeline would be difficult to get everything ready. Charlotte Gabler asked about a special meeting the day of the city council meeting, if that were applicable so the timeline was relatively the same. Angela Schumann said that her hesitation would be from whether or not a special meeting for council would be needed that day. A lot of this timeline depends on what the applicant would be able to provide to staff on the week of the 11th Eric Hagen asked the commission if anyone was ready to move forward with the decision of the item. Paul Konsor said that he does not feel ready to approve the decision and recommended tabling the item. Eric Hagen asked the applicant what tabling the item would do to the development plan. Mark Welch said that there is no issue with tabling to the next planning commission meeting. Teri Lehner agreed with Paul Konsor about tabling the item until certain conditions are addressed and resolved. Eric Hagen asked staff if tabling decision would include tabling all three decisions regarding this item. Angel Schumann said that would be staff s recommendation to table all three. Andrew Tapper noted that he does not have the same reservations as the rest of the commission, but he is not going to argue any of the points already made because tabling the item has no effect on the project. Decision 1: Consideration of a Preliminary Plat for Monticello Business Center Eighth Addition. ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-038, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. Planning Commission Minutes—October 5, 2021 Decision 2: Consideration of a Rezoning to PUD, Planned Unit Development District. ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-039, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. Decision 3: Consideration of a Development Stage PUD ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-040, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. E. Public Hearing — Consideration of request for a Corrective Amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries. Applicant: City of Monticello Angela Schumann provided an overview of the land use application request. While making improvements to an area of Chelsea Rd West, it was noted that an area that was described as Otter Creek was not a part of a shoreland defined creek, but rather a county ditch system. This corrective measure is to ensure the City only applies these certain criteria where it is necessary. Angela Schumann continued pointing out on a map where the adjustment will be made. She also noted that if the City is not changing the text of the shoreland ordinance, but rather correcting the map, certification is not required. Andrew Tapper asked which map was the original and which shows the amendment. Angela Schumann clarified. Paul Konsor opened the public hearing, hearing no comment, the public hearing was closed. PAUL KONSOR MOVED TO ADOPT RESOLUTION 2021-041 RECOMMENDING APPROVAL OF A CORRECTIVE AMENDMENT TO THE CITY OF MONTICELLO OFFICIAL ZONING MAP FOR SHORELAND OVERLAY DISTRICT BOUNDARIES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. 3. Regular Agenda A. Consideration of Administrative Subdivision and Administrative Lot Combination for two parcels located in the Central Community District, General Sub -District. Applicant: Mosbart Properties, LLC Steve Grittman provided an overview of the land use application request. Staff's main concern is with the survey showing that the correction would not correct all the issues that applicant wants to address. Staff's recommendation is to approve Planning Commission Minutes—October 5, 2021 the subdivision with a redescription of the conveyed to include all the improvements while at the same time maintaining the setback. Andrew Tapper wanted to clarify that the southeast 22 feet described in the request should be closer to 28 or 29 feet. Steve Grittman confirmed. Paul Konsor asked for confirmation that the two parcels in discussion are not joining up as one parcel, but more so a section of the one parcel is being absorbed by the other parcel. Steve Grittman confirmed. Paul Konsor asked what the parcels are zoned as. Steve Grittman said they are both in the CCD, downtown mixed use. ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC 2021-042, RECOMMENDING APPROVAL OF THE SIMPLE SUBDIVISION AND CONCURRENT LOT COMBINATION, BASED ON FINDINGS IN SAID RESOLUTION, AND THE CONDITIONS OF APPROVAL AS REQUIRED IN THE ORDINANCE AND EXHIBIT Z. TERI LEHNR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. EXHIBIT Z SIMPLE SUBDIVISION AND LOT COMBINATION 213 THIRD STREET EAST (PID: 155-010-069020) 250 BROADWAY EAST (PID: 155-010-069080) 1. The submitted survey shall be expanded to include the legal description of the applicant's existing parcel and the existing funeral home parcel. 2. The parcel to be conveyed to the funeral home property shall be expanded in size such that the curb of the parking lot shall not be closer than six feet to any lot line (as measured from the lot line to the face of the curb). 3. The subdivision shall be processed and recorded concurrently with the subdivided portion's combination with the adjoining funeral home property. 4. In the event the County rejects the descriptions of the metes and bounds subdivision, the applicant shall re -apply and utilize a formal plat process. 5. Any future development on either parcel will be subject to required setbacks from the proposed property lines. 6. Compliance with the requirements of the City Engineer as identified. B. Consideration to appoint a Planning Commissioner to serve on the Chelsea Commons Professional Engineering, Park & Open Space Planning and Landscape Architecture Services proposal review team. Planning Commission Minutes—October 5, 2021 Angela Schumann addressed the commission and requested to amend the item to include two considerations. First, staff is looking for a planning commissioner to serve on the review team for incoming proposals for the professional engineering, park & open space planning and landscape architecture services for Chelsea Commons. The city Council approved requesting proposals that relate to the public spaces of the Chelsea Commons area. Commissioner Zimpfer has expressed interest in being a part of this process. Planning commission needed to appoint someone to represent on the RFP review team, and also a representative for the work group regarding zoning ordinances relating to the Chelsea Commons proj ect. Teri Lehner said that she would be happy to volunteer for wither position. Angela Schumann mentioned that it is a good idea to appoint alternates, in case certain times are unable to work for the person appointed. PAUL KONSOR MOVED TO APPOINT ALISON ZIMPFER TO SERVE ON THE PROPOSAL REVIEW TEAM. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. TERI LEHNER MOVED TO APPOINT PAUL KONSOR TO SERVE ON THE ZONING WORK GROUP WITH TERI LEHNER SERVING AS THE ALTERNATE. ERIC HAGEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. C. Consideration of the Community Development Director's Report Angela Schumann provided the Community Development Director's Report in the agenda packet. 4. Added Items None S. Adjournment ERIC HAGEN MOVED TO ADJOURN THE REGULAR MEETING OF THE MONTICELLO PLANNING COMMISSION. SECONDED BY PAUL KONSOR, MOTION CARRIED UNANIMOUSLY 4-0, MEETING ADJOURNED AT 10:41 p.m. Recorder: Hayden Stensgard �&_ Approved: November 1, 202 Attest: Angela Skvdkanr , Community Development Director Planning Commission Minutes—October 5, 2021 City Council Agenda: 10/25/2021 4113. Consideration of a request for an Amendment to the Affordable Storage Planned Unit Development for proposed Portable Container Accessory Use. Applicant: Burnham, Keith Prepared by: Meeting Date: ® Regular Agenda Item Northwest Associated Consultants, 10/25/2021 ❑ Consent Agenda Item Community Development Director Reviewed by: Approved by: City Attorney, Chief Building Official City Administrator ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. Planning Commission recommended denial of the proposed amendment for outdoor storage within the Affordable Self -Storage PUD. Motion to adopt Resolution 2021-85 denying a PUD Amendment for storage boxes on the Affordable Self -Storage site as outdoor storage based on findings in the stated Resolution for denial and requiring the removal of the containers no later than November 15, 2021. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self - Storage for correction of language in Section (8)(c). Planning Commission recommended approval of the proposed amendment for correction of language. Motion to adopt Ordinance No. 765 for PUD Amendment for the Affordable Self -Storage Planned Unit Development, based on findings in Resolution 2021-85, for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to stFial commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. REFERENCE AND BACKGROUND Property: Legal Description: Lot 11, Block 4, Groveland Addition PID: 155-125-004110 Planning Case Number: 2021-036 City Council Agenda: 10/25/2021 Request(s): Amendment to a Planned Unit Development to allow outdoor storage of rental storage containers Deadline for Decision: November 12, 2021 (60 -day deadline) January 11, 2022 (120 -day deadline) Land Use Designation: Community Commercial Zoning Designation: Affordable Self -Storage PUD District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self Storage Facility Surrounding Land Uses: North: RV Dealership East: Vacant Commercial (Zoned B-3) South: Single Family Residential West: RV Dealership Project Description: The applicant proposes to utilize a portion of the current self - storage property along the westerly boundary, as well at the ends of several of the self -storage buildings on the property to store a series of "storage boxes." These units are delivered to the property and rented to individuals which are then used to self - store goods. The applicant indicates that the request is for a total of 58 such storage boxes of varying sizes, between 7.5 by 7.5 feet and 8 by 20 feet. The applicant has suggested that the units will be empty, although that is not expressly stated in the application narrative. The applicant has indicated in the past that the boxes would sit on the ground, without stacking, although that clarification is not made in the current application. The applicant previously proposed an amendment to the Affordable Storage Planned Unit Development for the introduction of storage boxes on the site, which was considered by the Planning Commission in August of 2021. The application was withdrawn prior to Council consideration. 2 City Council Agenda: 10/25/2021 it is noted that several of these boxes have already been moved on to the site counter to the requirements of the original PUD approvals and are currently in violation of the Zoning Ordinance. ANALYSIS: Planned Unit Development (PUD) is a zoning technique that allows developers and the City to establish a set of development requirements which, while not meeting all the specific standards of a traditional zoning district, are designed to exceed the City's objectives for the zoning district that would otherwise apply. The City's land use objectives are described in the Comprehensive Plan, and typically address various performance standards as well as classes of land use. In this case, the applicable land use classification in the Comprehensive Plan is "Community Commercial", and the underlying zoning district that would apply if the PUD zoning were not in place would be B-3, Highway Business. One of the primary objectives of the Comprehensive Plan is the orderly development and use of land, consistent with consideration for other land uses in the neighborhood of the subject property. As shown on the map below, and noted above, the subject property is in an area of mixed commercial and residential uses, indeed abutting residential development on one side of the property. The Community Commercial designation is designed to be a "low -scale" retail area along major roadways that serve the community. When the original PUD was granted for the commercial self -storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. 3 City Council Agenda: 10/25/2021 In Monticello, outdoor storage of materials is a use that is specifically relegated to industrial districts. Such areas often create a significant amount of noise and other activity that is not compatible with neighboring "low -scale" uses, and particularly problematic for single-family residential areas, where outdoor activities rely on relative quiet and non -industrial activity on adjoining property. The applicant's narrative seeks to distinguish this use as "Open Sales" accessory use, as opposed to outdoor storage. However, "Open Sales" uses involve retail transactions where customers may visit the retail site, inspect the goods, pay for the materials, and transport them from the retailer. This type of transaction is distinguished from the current proposal in that the storage boxes are stored on the site, loaded, and delivered to off-site customers, all without the customer's ability to pick up and take any retail goods with them from the retail location. This is fundamentally not a retail activity, as would be implied by the "Open Sales" land use category. Further, the zoning ordinance definition for Outdoor Storage is directly applicable to the proposed use. That definition reads as follows: OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Outdoor storage is prohibited in commercial districts and is specifically prohibited by the language of the Affordable Self -Storage PUD. The applicant's materials do not specify, but the process by which the storage boxes would be transferred to and from the site would be via truck and some manner of jack or crane, increasing the equipment activity and noise on the site. This activity is expected in an industrial area, but not in a commercial district, and especially not in proximity to a residential neighborhood. The proposed storage of these units on the property is therefore an industrial one, and incompatible with the proximity of the use to residential property. The narrative further notes that the original PUD district references accessory uses in the "Industrial" areas as potentially allowed uses in the Affordable Storage PUD District. While staff believes that the original reference is a typographical error— noting that outdoor storage was expressly not allowed in the district language — industrial use would be inappropriate in this location based on the impacts and discussion previously noted. As part of any amendment consideration, staff would request that the City amend the ordinance of the PUD to correct this language to "Commercial." Further, the City's fire department officials have noted concern with the storage of the proposed boxes on the site, which was not anticipated when the original plan was approved. 4 City Council Agenda: 10/25/2021 The locations restrict fire -fighting access to portions of the property, most significantly, to the west side of the line of stored boxes along the west boundary of the site. Moreover, the revised site plan shows a large area of snow storage in the southwest corner of the site that would make the fire hydrant in that location inaccessible. The Fire Marshal has requested an apparatus turning template be prepared to demonstrate maneuverability within the site with the unit locations as proposed. As noted in prior review, there is one self -storage site in Monticello that was granted an interim use permit for temporary storage boxes in the past. That site is the Storage Link facility at Dundas Road and Cedar Street. The City granted the IUP for this site as a temporary measure to accommodate expansion of the facility. There are at least three major aspects of this prior approval that differentiate it from the Affordable Storage request. First, the Storage Link facility abuts undeveloped commercial land. There is no residential in near proximity to the site. Moreover, the facility sits at the intersection of roads that serve exclusively commercial properties west, north and south, and industrial property to the east. Second, the Storage Link temporary storage boxes are utilized as an interim storage use, and have only limited, if any, trucking and active machinery at the site. As such, there is much less likelihood of noise disruption to surrounding land uses, particularly as the adjoining property was anticipated to be vacant for some time. Finally, as noted, the permit granted was an Interim Use Permit, acknowledging that the proposed storage units were temporary in nature. While no adjoining development was anticipated in the near term, removal of the temporary storage is required at the expiration of the IUP term and adjoining development (now a part of the Chelsea Commons planning area) would then develop without the impacts of temporary storage on that site. In summary, the proposed storage box business would introduce what is commonly considered to be an industrial activity to the Affordable Storage PUD site. As noted, PUD requires a finding that the proposed development meets and exceeds the City's land use goals in exchange for relaxation of certain zoning requirements. Introduction of an industrial use on property guided for "low -scale" commercial use, adjacent to a low-density single-family neighborhood would be counter to this requirement. PLANNING COMMISSION REVIEW AND RECOMMENDATION Planning Commission reviewed the request and held a public hearing on the item on October 1, 2021. Following an overview of the staff report, the Commission asked for clarifying information. The Commission noted that they understood the clerical need for the PUD ordinance correction but noted that because the PUD specifies the specific plans and conditions for the project, the 5 City Council Agenda: 10/25/2021 language would not seem to impact the available uses other than what might be sought through amendment. The Commission also inquired whether when a PUD is approved it should be "as good or better" than the underlying zoning. Staff confirmed that has been the applied standard. During the public hearing Tim Dolan, Decklan Group, addressed the Commission as the representative for the applicant. Mr. Dolan explained that the applicant had read the PUD ordinance and believed that the placement of the containers was consistent with the PUD ordinance. The containers have remained in place as the application continues through the process. He indicated that the clarification to the language in the PUD from "industrial" to "commercial" for accessory uses relates to the confusion by the applicant on what was allowed for the PUD. He indicated that the proposed correction is a substantive change to what was approved by the city and what was signed. However, Mr. Dolan stated that they would suggest that the containers are "open sales" rather than "outdoor storage" as they are for rent and for sale and do not object to the change. They do not believe that what they are asking is industrial in nature. Mr. Dolan noted that the primary changes to the prior application are to the height and location of the containers, along with the request to recognize the use as open sales. He stated that the Community Commercial land use designation would allow gas stations and auto repair. He indicated that those uses would be higher intensity than what is proposed. He also noted the strong presence of outdoor storage and outdoor sales and display already existing along Chelsea Road. Mr. Dolan stated they would be willing to adjust the plans based on the direction of the Commission, including location, screening, turning movements and hours of operation. He would request tabling if Commission would provide that direction. The Commission asked if the applicant was aware of the clause prohibiting outdoor storage within the PUD ordinance. Mr. Dolan indicated that was accurate, but that the use is open sales and display. Mr. Dolan confirmed that the boxes are for both rent and sale. It was noted that "open sale" is an allowable accessory use in the underlying B-3 District, subject to the conditions in the code. There was discussion regarding whether a conditional use permit would be required as "open sales" is listed as a conditional accessory use in the B-3 (Highway Business) District. There was also significant discussion regarding the definitions of "open sales" and "outdoor storage". Mr. Dolan stated that the sales language is the functional language for this proposed use. Staff clarified that their position is that based on the way the Affordable Self -Storage PUD ordinance is written, a CUP would not be required. Rather, the amendment to the PUD for the proposed use is required. Staff's position is that the intent of the PUD was that there would not 0 City Council Agenda: 10/25/2021 be materials stored outside the buildings. Commission reiterated that although the "open sales" use is allowed as an accessory in the B-3 District, it was not written specifically into the PUD. Staff noted that the PUD language indicates that accessory uses shall be identified on final stage PUD plans, and further cited that the PUD language states that amendments to the PUD are necessary when changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage. Mr. Dolan noted that applicant was also willing to accept an interim use permit under the PUD for the proposed use. Staff confirmed that would be an option under the current PUD amendment process. Shawn Weinand, 4065 Chelsea Road West, addressed the Commission. Mr. Weinand commented that the City has in the past specified requirements for building sizes when considering outdoor sales and display. He stated that the PUD was clear in not allowing outdoor storage within the PUD. No other public was present to address the Commission on the request. Commission suggested that other than the interpretation of the use, the current application was like the prior application, which was recommended for denial by the Commission. The Commission also indicated that consistency with the original PUD and its intent is important to the decision. The Commission unanimously recommended denial of the amendment to Planned Unit Development for the storage of the proposed containers, recommending a removal date of November 15, 2021. The Commission recommended approval of the amendment to the ordinance for PUD for correction of language in Section (8)(c). STAFF RECOMMENDED ACTION For Decision 1, Staff recommends denial of the PUD Amendment. As noted in this report, the addition of outdoor storage, and the nature of the storage in question which would entail heavy equipment and truck operations to support it, would be inconsistent with the intent of the land use direction specified by the Comprehensive Plan, and incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south of the subject property. Staff would ask the City Council to specify a removal date within their motion. Planning Commission recommended a removal date of November 15, 2021. Per ordinance, staff typically allows up to 30 days for correction of a code violation. 7 City Council Agenda: 10/25/2021 For Decision 2, Staff recommends approval of the amendment correcting the prior error in the adopted ordinance for the Affordable Storage PUD consistent with the intent of the original approved plans. SUPPORTING DATA A. City Council Resolution 2021-085 B. Planning Commission Resolution PC -2021-037 (Recommendation for Denial) C. Proposed PUD Ordinance Amendment D. Aerial Site Image E. Applicant Narrative F. Proposed Site Plan and Detail G. Affordable Self -Storage PUD Ordinance H. Ordinance Excerpts I. Monticello 2040 Vision + Plan, Excerpts Z. Conditions of Approval EXHIBIT Z Lot 11, Block 4, Groveland Addition Affordable Storage PUD Amendment 1. If City Council motions to approve the amendment to PUD to allow the proposed storage units, staff recommends that Council provide a list of conditions applicable to the proposed use on the site. 0 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 DENYING AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND APPROVING A MODIFICATION TO THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned Affordable Storage PUD, Planned Unit Development, and is subject to a previously approved Affordable Storage Planned Unit Development District ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the industrial nature of the proposed uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial" and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, the City's land use category, and attendant conditions, of Open Sales as an accessory use specifically applies to those districts that include this use, which the Affordable Storage Planned Unit Development District specifically does not include; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 WHEREAS, a required condition of Open Sales, if allowed, is screening of said use from both residential property and public rights of way, with which the proposed plan will not comply; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 5th, 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, and recommends denial of the proposed amendment as to outdoor use, but approval of the amendment as to deletion of the references to "industrial' uses; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: 1. The proposed uses are industrial in nature, inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District, which is to provide commercial self -storage use to customers in an area of mixed commercial and residential land uses. 2. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area due to increased outdoor visual and noise impacts that are otherwise disallowed uses in the area. 3. The existing Affordable Storage Planned Unit Development District requires amendment only to delete inappropriate references to industrial uses which imply uses that are incompatible with the area and the direction of the Comprehensive Plan. 4. The negative impacts of the amendments through the addition of the outdoor use and activity exceed those anticipated by the existing and future land uses and cannot be addressed through standard review and ordinances as adopted. 5. The planned amendments do not meet the intent and requirements of the applicable zoning regulations, which under commercial zoning requirements would prohibit the uses as proposed. 6. The planned amendments are inconsistent with the directions of the Comprehensive Plan, which call for low -scale commercial uses. 7. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD, and to restore consistency, must be removed from the site no later than November 15th, 2021. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the City Council hereby accepts the recommendation of the Monticello Planning Commission and adopts this resolution of approval of an amendment to the Affordable Storage Planned Unit Development District by removing references to "industrial" use, and denial for the proposed Planned Unit Development Amendment for Affordable Storage to establish outdoor storage uses, based on the findings and other factors identified herein. ADOPTED this 25th day of October, 2021 by the City Council of the City of Monticello, Minnesota. ATTEST: Jennifer Schreiber, City Clerk MONTICELLO CITY COUNCIL 3 Lloyd Hilgart, Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 RECOMMENDING DENIAL OF AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND AMENDING FOR CORRECTION THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned PUD, Planned Unit Development, and is subject to a previously approved Planned Unit Development ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial", and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 5t", 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: 1. The proposed uses are inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District. 2. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area. 3. The impacts of the improvements exceed those anticipated by the existing and future land uses and cannot addressed through standard review and ordinances as adopted. 4. The planned amendments do not meet the intent and requirements of the applicable zoning regulations. 5. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD and must be removed from the site no later than 1d1-( If J1" , 2021. NOW, THEREFORE, BE /T RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council denies the Planned Unit Development Amendment for Affordable Storage and amend the language of the Affordable Self -storage District to remove references to Industrial accessory uses. ADOPTED this 5th day of October, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONT�CELt ANNING COMMISSION By: Pau onsor, Chair ATTEST: Angela Schumaoo, Col`nrl unity Development Director 2 ORDINANCE NO. 765 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, AFFORDABLE SELF -STORAGE PUD, PLANNED UNIT DEVELOPMENT: THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 3.8 — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended as follows: (8) Affordable Self -Storage PUD District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industfial commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 25th day of October, 2021. ATTEST: Lloyd Hilgart, Mayor 1 ORDINANCE NO. 765 Jennifer Schreiber, City Clerk AYES: NAYS: Keith Burnham I Amendment to PUD for Accessory Use Created by: City of Monticello Lot 11, Block 4, Groveland Addition I PID:155125004110 1 101111 nnsbrook Drive Parcel ID 155125004110 Alternate ID n/a Owner Address KB PROPERTIES LLC Sec/Twp/Rng 10-121-025 Class 234- INDS LAND & BLDGS PO BOX 1677 Property Address 10111 INNSBROOK DR Acreage n/a MONTICELLO, MN 55362 MONTICELLO District 1101 CITY OF MONTICELLO 882 H Brief Tax Description Sect-10Twp-121 Range -025 GROVELAND ADDN Lot -011 Block -004 (Note: Not to be used on legal documents) KB Properties PUD Amendment and Corresponding CUP Affordable Storage provides public self storage, with multiple locations in MN. The company has invested nearly $4MM in its 6.28 acre Monticello location and has provided a much needed service to the community. In addition to providing an in -demand service for local residents, Affordable Storage also contributes over $62,000 in annual property taxes, while placing very little demand on municipal services. In September of 2017, the City Council approved a PUD for Affordable Storage, located at 10111 Innsbrook Drive, and recently approved an amendment related to screening on this property (October 2020). Affordable Storage is proposing Accessory Use activities identified as "Open Sales" in the MZO within their current PUD. Subsection C of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance (MZO) outlines the permitting of an Accessory Use as follows: (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. "Open Sales" is defined on Page 495 of the MZO as follows: OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. As the display, leasing and sale of a "Portable Container" (Defined in MZO Page 499) is not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking, the proposed use being defined as "Open Sales" is accurate. "Open Sales" is identified as an allowed Accessory Use, with a Conditional Use Permit (CUP), in the underlying B3 Zoning District, as well as the 11 Zoning District as outlined in Table 5-4 on Page 415 of the MZO. Subsection E of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance goes on to establish the method for amending the existing PUD for this Accessory Use CUP as follows: (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (O,)(10. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Therefore, Affordable Storage, in accordance with the MZO, is applying for an Amendment to its existing PUD to grant a CUP for "Open Sales" as an Accessory Use. Affordable Storage is asking to be granted a PUD Amendment and CUP to allow for the utilization of 5,687 sq ft of at -grade space for the purpose of selling and renting merchandise and for the storing of the same prior to sale. This represents less than 7.5% of the current building space on site and 2% of the total land area of the parcel. This puts the request well within the Accessory Use guidelines as written in the MZO. The proposed locations for displaying varying size portable containers are outlined in the attached site -plan. This plan allows the maintaining of adequate site -circulation, fire access and snow removal. The area utilized for "Open Sales" will be neatly organized and screened from public view at a much higher standard than similar uses in the immediate area. There will be no assembly or manufacturing on site. All portable containers will be assembled off-site prior to being brought to the location to be displayed for the purpose of selling and/or renting. Although this accessory use will not substantially increase the amount of traffic, or noise at the site, Affordable Storage is willing to limit the hours for placement and replacement of the portable containers to Monday through Friday, between the hours of 10 a.m. and 4 p.m. Affordable Storage currently operates at 98% capacity for it's fixed location self -storage products indicating there is still substantial market demand for this use in the community. The addition of this Accessory Use will allow the company to not only serve more community members, but also serve them in a more convenient and affordable manner, capturing a growing trend in its industry. The proposed use has little to no measurable impacts on adjacent land owners, the general public right-of-way, or local infrastructure. There will be no changes to lighting, signage, garbage, or any other elements of the property. There will be no changes to the amount of impervious surface, or drainage on the site. Affordable Storage feels that this is an ideally suited location for this use and the request is in harmony with the area as well as the spirit of its original PUD. ir SNOW STORAGE AREA = 6,055 SF h'f A 20x81 2px8, 20X8, 1018, 2018 20 r8, 20X8 10,8 co o� 4 EA - 15'X8' p / STORAGE CONTAINERS i �\BGG SNOW STORAGE AREA = 5,330 SF \ SNOW STORAGE S�\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINERS a. \\� 2 EA - 15'X8' QJ 1 STORAGE CONTAINERS 3 EA - 8'X8' o,/ G STORAGE CONTAINERS V\�O 2 EA5' 8' 1� STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 1 EA - 20'X8' STORAGE CONTAINER �0- �\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINER �Q o, 4 EA - 7.5'X7.5' STORAGE CONTAINERS •i4 4 EA - 7.5'X7.5' / STORAGE CONTAINERS\Cj 4 EA - 7.5'X7.5' STORAGE CONTAINERS / SNOW STORAGE AREA = 15,525 SF / d d SNOW STORAGE AREA = 14,650 SF EpE EOF r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: la � • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA � SF al 76,144 SF PERVIOUS AREA r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: AREA (SF) BUILDING 1 • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA 121,956 SF BUILDING AREA 76,144 SF PERVIOUS AREA 75,316 SF TOTAL AREA 273,416 SF PROPOSED STORAGE CONTAINERS AREA (SF) BUILDING 1 CONTAINER SIZE AREA (SF) N0. OF CONTAINERS TOTAL AREA (SF) OF STORAGE 20'X 8' 160 17 2,720 15'X 8' 120 10 1,200 8'X 8' 64 3 192 7.5'X 7.5' 56 281 1,575 5,130 TOTAL AREA OF CONTAINERS 5,687 EXISTING BUILDINGS AREA (SF) BUILDING 1 3,364 BUILDING 2 4,530 BUILDING 3 5,130 BUILDING 4 4,530 BUILDING 5 5,130 BUILDING 6 4,530 BUILDING 7 5,130 BUILDING 8 4,230 BUILDING 9 5,130 BUILDING 10 3,930 BUILDING 11 5,130 BUILDING 12 3,930 BUILDING 13 5,130 BUILDING 14 3,030 BUILDING 15 5,130 BUILDING 16 5,130 BUILDING 17 3,030 TOTAL 76,144 STORAGE CONTAINER: z O D_ U U7 w 0 uO MI* 0 v 10� Z N 0 U 0 U 0 U 0 v N oW WV_ W p O li QW 9 U. .. N WN m m m 0w Qcow UJ ZH LD z Y O Q W C2 CD Lu D D D U D IL Z MI* 0 v 10� Z wN Zm W (n Y C oW WV_ W S2 umj -c li QW 9 U. .. C7W WN �WUJ ~0�0 y� Qcow UJ ZH m yN r1� ♦^ mzz XT LL v Oaj°C WWO 0 Z5 z JVW o - OJ c) LL, W a A U Lu z z LU J Q o Q U z u r QC Q O = LL U C Q Lu J Ln O 0- J W DC O W 0oU Lu c) p~L/)z Z I= 0 0 2 0 ILL ILL LL G 0 LL m O Q U F-- U SHEET N0. CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (b) Permitted Uses. Permitted principal uses in the Autumn Ridge PUD District shall be single family residential uses as found in the "T -N", Traditional Neighborhood Zoning District, subject to the approved Final Stage Development Plans and development agreement dated September 11th, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the T -N District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses as allowed in the T -N District, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the T -N, Traditional Neighborhood District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (8) Affordable Self -Storage PUD District (a) Purpose. The purpose of the Affordable Self -Storage PUD District is to provide for the development of certain real estate subject to the District for commercial land uses. (b) Permitted Uses. Permitted principal uses in the Affordable Self -Storage PUD District shall be self -storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 11, 2017 and development agreement dated September I Vh, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. Page 222 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. (d) District Performance Standards. Performance standards for the development in the Affordable Self -Storage PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (9) Rivertown Suites PUD District (a) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the development of certain real estate subject to the District for multiple family residential land uses. (b) Permitted Uses. Permitted principal uses in the Rivertown Suites PUD District shall be multiple family residential uses as found in the R-4, Medium - High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23, 2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium -High Density Residential District shall apply. City of Monticello Zoning Ordinance Page 223 CHAPTER 5: USE STANDARDS Section S.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures Page 414 City of Monticello Zoning Ordinance Accessory Building — P P P P P P P P P P P P P P P P minor ( 5.3 D1( 1 I Accessory Building — P P P P P P P C P P P P P P P Pmajor 5.3 D 2 Adult Use — accessory LP] C 5.3 Q 3 Agricultural Buildings 5.3 LQJ 4 Air Conditioning Units P I P P P P P P P P P P P P P P P Automated Teller Machines (ATMs) P P P P P P P P S. 3(D)(51 Automobile Repair — C Major 5.3(D Automobile Repair — Minor C C 5.3 UD 7 Boarder(s) P P p 5.3 UD 8 Bulk Fuel Sales/Storage P P P C ICI C 5.3 D 9 Cocktail Room (Retail Sales Accessory to Micro- C C C C C C Distillery) 5.3(D�(10) Co -located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(E) Columbarium (Accessory P P P P P P P use to Cemeteries) 5.3"D "11 Commercial Canopies P P P P P P P P 5.3(D 12) Commercial Transmission/ Reception Antennae/ C C C C C C Structures 4.13(D) Donation Drop-off P P Containers 5.3 LD13 Drive -Through Services P P P C P P P 5.3 Q114 Entertainment/ Recreation C C C C 14 5.3 D 15 — Outdoor Commercial Fences or Walls p p p p p p p p p p p p p p p P 4.3 Greenhouse/Conservatory p p p p p p p P P P P P P P P P 5.3 D 16 non-commercial Heliports C C C C C 5.3 D 17 Home Occupations P P P P P P P p p P 5.3 D 18 Indoor Food / p p p p p p p p 5.3 D 19 Convenience Sales Page 414 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 415 ' . - -. Indoor Storage P P P P p P 5.3 D 20 Incidental Light p p p p P 5.3(D)(21) Manufacturing Machinery/Trucking :�iEc 5.3(D)(22) Repair & Sales Office P P P P P P none Off-street Loading p p C P P P P P P P 4.9 Space Off-street Parking P P P P P P P P P P P P P P P P 4.8 Open Sales P h C C C 5.3(D(23) Operation and storage of agricultural P 5.3(D)(24) vehicles, equipment, and machinery Outdoor Seating — Accessory to restaurant, bar, production brewery with P\C P\C P\C P\C 5.3(D)(25) taproom, microdistillery with cocktail room, and/or brewpubs Outdoor Sidewalk Sales & Display P P P P P P P P 5.3(D)(26) (businesses) Residential 5.3(D)(27)(a) Outdoor Storage P P P P P P P P P P Industrial 5.3 D 27 b Park Facility Buildings & P P P P P P P P P P P P P P P P 5.3(D)(28) Structures (public) Private Amateur 4.13(6) Radio P P P P P P P P P P P P P P P P Private Receiving Antennae and P P P P P P P P P P P P p p p p 4.13(C) Antenna Support Structures City of Monticello Zoning Ordinance Page 415 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance Retail Sales of Goods (as P P P P P P C C 5.3(D)(29) part of an office or industrial use Shelters (Storm or P P P P P P P P P P P P P P P P 5.3(D)(30) Fallout Sign(s) P P P P P P P P P P P P P P P P 5.3 D31 Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(32) Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(33) Taproom (Retail Sales C C C C C C 5.3(D)(34) Accessory to Production Brewer Large Trash Handling and P P P P P P P P P P P P 5.3(D)(35) Recycling Collection Area Wind Energy Conversion C CC 7 C C 5.3(D)(36) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(37) System, Non-commercial Wireless Telecommunications Support Structures C C C C C C C 4.3"E 4.3(Fl (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots or on the effective date of any amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or the amendment. NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions. OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OFFICE USE: An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services. OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business. OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light. OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. OPEN SPACE: An area on a lot not occupied by any structure or impervious surface. OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space. City of Monticello Zoning Ordinance Page 495 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters which may include wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. OWNER: The person or entity with a legal or equitable interest in the land on which the construction activities will occur. PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a building. PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features. PARK FACILITY, PASSIVE: A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced, for a period of less than twenty-four (24) hours. PARKING BAY: The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces. PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties. Page 496 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river. ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOT ZONE: The area inside the dripline of a tree that contains its roots. SCHOOL, Pre -K-12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF -STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. City of Monticello Zoning Ordinance Page 501 FUTURE LAND USE MAP COMMERCIAL DESIGNATIONS There are four commercial and mixed land use designations as follows: Community Commercial A Community Commercial designation applies to existing commercial uses along State Highway 25, School Boulevard and Chelsea Road, as well as other small pockets of Monticello that include existing shopping centers, retailers and entertainment uses. The intent of Community Commercial is to provide locations for everyday retail goods and services generally oriented to a city-wide basis. Regional Commercial A Regional Commercial designation applies to areas targeted for uses that serve the traveling public and larger retail uses and commercial development intended for a regional market. This designation is generally applied to various areas along the Interstate 94 corridor with high visibility. The development character of the regional commercial development will continue to be auto -oriented, large format commercial uses such as `big -box' uses and other uses that require a large parking area. Looking to the future, opportunities for connectivity and design linkages between such development and nearby uses and neighborhoods will be emphasized. Downtown Mixed -Use The Downtown Mixed -Use category identifies and designates the downtown area as a primary development focus for downtown intended to improve, revitalize and redevelop Downtown Monticello as envisioned in the 2017 Downtown Small Area Plan. The goal is to transform downtown into a thriving commercial area with new mixed-use, specialty retail and restaurant uses with enhanced streetscape and pedestrian amenities. Entertainment uses, co -working spaces, boutiques and cafes are also envisioned. New downtown development should also embrace and be oriented towards the river whenever possible. Commercial/Residential Flex The Commercial/Residential Flex designation encourages the mix of flexible and compatible development of commercial, office, retail and residential uses in limited areas of the city on the same or adjacent properties. The purpose of this designation is to give the city and property owners flexibility for future land use based on market demand. The Commercial/Residential Flex designation is applied to a few of the remaining large vacant parcels in the City including the parcels located south of Chelsea Road and north of School Boulevard and centered along Dundas Road. This designation is also applied to parcels located between Interstate 94 and 7th Street West. These properties may be developed as commercial, residential, or mixed land uses under the city's PUD zoning, subject to review and approval of the City. TABLE 3.3.- FUTURE LAND USE COMMERCIAL ACREAGES Land Use CategoriesAcreage Community Commercial 125 Regional Commercial 433 Downtown Mixed -Use 48 Commercial and Residential Flex 174 Source: Monticello Downtown Small Area Plan (2017) 60 (« LAND USE, GROWTH AND ORDERLY ANNEXATION COMMUNITY COMMERCIAL (CC) The Community Commercial designation includes low -scale retail, service, and office uses located along the City's arterials and collector streets. Some of these areas are developed as auto -oriented "strip" shopping centers while others are freestanding offices, commercial uses, or clusters of businesses intended to meet the needs of the community at large. Typical retail uses would include supermarkets, drug stores and miscellaneous local -serving retail stores and services. Typical office commercial uses might include banks, finance, real estate, medical and dental offices, and professional services. Typical service commercial uses might include gas stations, restaurants including fastfood, used car sales, and minor auto repair businesses. MONTICELLO 2040 VISION + PLAN Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District Primary Mode Vehicular with access to collectors and arterials Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 25, 2021— 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Bill Fair, Charlotte Gabler, and Sam Murdoff Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. Mayor Hilgart noted that Councilmember Bill Fair was sworn in prior to the special meeting. B. Manufacturer's Week Proclamation C. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Murdoff seconded the motion. Motion carried unanimously. D. Approval of Meeting Minutes • Special Meeting Minutes from October 11, 2021 • Regular Meeting Minutes from October 11, 2021 Councilmember Murdoff moved approval of both sets of minutes. Councilmember Gabler seconded the motion. Motion carried unanimously. E. Citizen Comments Clarence McCarty, downtown business owner, commented on the downtown dumpster enclosure located on Block 35. The enclosure is being left unlocked and open for non-paying people to empty their garbage. He requested that the City notify participating business owners to make sure they lock it and look at providing better security. Staff will review the enclosures for any updates that can be made. F. Public Service Announcements • Downtown Trick -or -Treat is Thursday, October 28 from 4 — 6 p.m. G. Council Liaison Updates • EDA — Councilmember Davidson stated that the EDA approved the preparation of a wetland delineation and plans and specifications for grading and stormwater improvements for a portion of City/EDA property at Otter Creek Business Park. • 1-94 Coalition — Councilmember Gabler noted that there was a zoom meeting regarding grants. 2. Consent Agenda: Councilmember Fair moved approval of the Consent Agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $807,957.57. B. Consideration of approving new hires and departures for city departments. Action taken: Approved the hires for Parks and MCC and departures for MCC.. Parks, and DMV. C. Consideration of approving the sale/disposal of surplus city property for the Street Department. Action taken: No report this cycle. D. Consideration of approving an application for a temporary charitable gambling permit for a raffle to be conducted by the Monticello Chamber of Commerce for their annual banquet on December 3, 2021. Action taken: Application was approved. E. Consideration of adopting Resolution 2021-81 supporting the Wright County Local Option Sales Tax. Action taken: Resolutions 2021-81 was adopted. F. Consideration of approving annual Snowplowing and Ice removal Policy for the 2021-2022 snow season. Action taken: Approved the policy. G. Consideration of approving "The Pointes at Cedar" as the final name for the "Chelsea Commons" planning area and authorizing the corresponding correction of documents. Action taken: Approved `The Pointes at Cedar' as the final name. H. Consideration approving an Administrative Subdivision and Administrative Lot Combination for two parcels located in the Central Community District, General Sub -District and approving a Waiver of Application Fee & Escrow. Applicant: Mosbart Properties, LLC. Action taken: Approved the Administrative Subdivision and Administrative Lot Combination based on findings in Resolution PC -2021-042 and the conditions of approval as required in the ordinance and Exhibit Z and approved the Waiver of Application Fee & Escrow based on the finding that the encroaching condition and non -conformity was created by the City of Monticello as the prior owner. I. Consideration of approving a Corrective Amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries. Applicant: City of Monticello. Action taken: Adopted Ordinance 764 approving a corrective amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries, based on findings to be made by the City Council. 3. Public Hearings: A. PUBLIC HEARING: Consideration of adopting Resolution 2021-82 approving an assessment roll for delinquent miscellaneous accounts to be certified to the County Auditor for 2022 payable tax year Jennifer Schreiber, City Clerk, presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Murdoff moved to adopt Resolution 2021-82 approving the assessment roll for delinquent miscellaneous accounts. Councilmember Davidson seconded the motion. Motion carried unanimously. B. PUBLIC HEARING: Consideration of adopting Resolution 2021-83 approving an assessment roll for delinquent utility accounts to be certified to the County Auditor for the 2022 payable tax year Jennifer Schreiber presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Fair moved to adopt Resolution 2021-83 approving an assessment roll for delinquent utility accounts. Councilmember Murdoff seconded the motion. Motion carried unanimously. 4. Regular Agenda: A. Consideration of an Appeal to Denial of Variance to Accessory Structure square footage maximum of 1,500 square feet and Consideration of approving a Conditional Use Permit for Accessory Structure exceeding 1,200 square feet for an existing single family residential use in the Central Community District, General Sub -District. Applicant: Clarence McCarty Steve Grittman, NAC, provided an overview of the request for appeal by the applicant. There was discussion among City Councilmembers. Mayor Hilgart commented that he did not believe approving the variance would set a precedent. He noted that in this situation, the applicant has a unique existing detached accessory structure and is seeking to add an attached garage to the home, which is different from the more common request of an existing attached garage and request for large, detached accessory structure. Councilmember Fair concurred. To allow the proposed two -stall garage addition, staff's proposal was that part of the barn would need to be removed because the total square footage of accessory garage space exceeds what is allowed by ordinance. Clarence McCarty, the applicant, addressed the City Council. He noted that the barn was there before the City was platted. The current house was built in 1926. He noted that it would not be feasible to remove a portion of the barn. Due to the uniqueness of the property, he requested that City Council reverse the decision by the Planning Commission denying the variance. Councilmember Fair moved to approve the variance from the maximum total garage space on a single-family parcel based on the uniqueness of the property, such as lot, age of structures, location in downtown area, and existing barn/garage structure preceded the house. Councilmember Murdoff seconded the motion. Motion carried unanimously. Mayor Hilgart moved to adopt the Conditional Use Permit as recommended by the Planning Commission, based on findings in Resolution PC -2021-035, and the conditions of approval as required in the ordinance and in Exhibit Z, excluding #2 and 3. Councilmember Davidson seconded the motion. Motion carried unanimously. B. Consideration of an amendment to the Affordable Storage Planned unit Development for Proposed Container Accessory Use. Applicant: Keith Burnham Steve Grittman, NAC, presented the item and noted that the Planning Commission unanimously recommended denial of the amendment. Staff also recommended denial of the amendment as the operation would be inconsistent with the intent of the land use specified by the Comprehensive Plan and, in addition, it is incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south. It was also noted by staff that there should be a recommended removal date of November 15, 2021. When the original PUD was granted for commercial self - storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. Outdoor storage of materials is a use that is specifically relegated to industrial districts. Tim Dolan, Decklan Group on behalf of the applicant, addressed the City Council. Mr. Dolan explained that the applicant had read the PUD ordinance and believed the placement of containers was consistent with the ordinance. He also noted that the primary changes to the application are to the height and location of the containers. Mr. Dolan requested that they Council grant the amendment for a short-term use, up to 48 months. There was discussion among City Council. Councilmember Gabler commented that she would support the use for up to 48 months, with a review at 12 months. Councilmember Davidson agreed with 12 months because, in 12 months, Affordable Storage would have enough data on whether the use serves a purpose and would be able to build a structure. Councilmember Fair noted that he appreciated the investment the company has mode, but he would not support anything more than 12 months, as the City needs to consider the adjoining properties. Mayor Hilgart does not support the use, as it will set a precedent for facilities that have detached buildings such as those proposed. Councilmember Davidson added that this use would have never been allowed in the original PUD. Councilmember Murdoff commented that the City should allow based on the current business model originally allowed, with is storage. Staff's position is that the intent of the PUD was that there would not be materials stored outside the buildings. Councilmember Fair moved to affirm Planning Commission's denial of the request and require the removal of containers by November 15, 2021. Councilmember Davidson seconded the motion. Steve Grittman noted that there is a Council resolution in the packet, as proposed by staff, affirming the denial and listing the findings of fact for denial. Councilmembers Fair/Davidson had friendly amendment to motion to adopt Resolution 2021-85 denying a PUD Amendment for storage boxes on the Affordable Self -Storage site as outdoor storage based on findings in the stated resolution for denial and requiring the removal of the containers no later than November 15, 2021. Motion carried 3-2; Councilmembers Gabler and Murdoff voted against as they supported an interim use permit. Councilmember Gabler moved to adopt Ordinance 765 for PUD Amendment for the Affordable Storage Planned Unit Development, based on findings in Resolution 2021-85 for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to " commercial uses, and as specifically identified by the approved final stage PUD plans but shall not include outdoor storage or other activities. Councilmember Fair seconded the motion. Motion carried unanimously. C. Consideration of authorizing the purchase of a replacement fire engine for $20,000 from the City of Clearwater Rachel Leonard, City Administrator, provided an update on the purchase. The request was because Engine 12 was damaged responding to a call. The engine was not a total loss and is being repaired. To maintain an adequate fleet, the proposed fire engine will be used in the interim. Staff is optimistic that the insurance proceeds will cover the repairs of Engine 12 and the cost of this replacement vehicle. This item will not be a permanent vehicle of the Fire Department and will be sold when Engine 12 is repaired. There was minimal discussion among City Council. Councilmember Fair moved to authorize the purchase of the fire engine. Councilmember Gabler seconded the motion. Motion carried unanimously. 6. Adjournment: By consensus, the meeting was adjourned at 8:03 p.m. Recorder: Approved: Jennifer Schreiber an Att Planning Commission Agenda — 10/05/2021 2C. Public Hearing —Consideration of a request for an Amendment to the Affordable Storage Planned Unit Development for proposed Portable Container Accessory Use. Applicant: Burnham, Keith Prepared by: Northwest Associated Meeting Date: Council Date (pending Consultants (NAC) Commission action): 10/05/21 10/25/21 Additional Analysis by: Community Development Director, Chief Building and Zoning Official, Community & Economic Development Coordinator, Project Engineer, Fire Marshal ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. 1. Motion to recommend approval of a PUD Amendment for outdoor storage as provided in the application materials for the Affordable Self -Storage PUD, based on a finding that the proposed use would be consistent with the Comprehensive Plan objectives for uses and activities in the area and other findings to be made by the Planning Commission, and per conditions set by the Planning Commission as a part of the public hearing. 2. Motion to adopt Resolution No. PC -2021-037 (denial), based on findings as identified in said Resolution, and requiring the removal of the storage boxes from the site no later than .2021. 3. Motion to table action on Resolution No. PC -2021-037, subject to additional information supplied by staff and/or applicant. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self - Storage to correction of language in Section (8)(c). 1. Motion to recommend approval of a PUD Amendment for the Affordable Self -Storage Planned Unit Development for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to *,mal commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. 2. Motion to table action on the proposed Amendment to Ordinance for Planned Unit Development for Affordable Self -Storage to correction of language in Section (8)(c). Planning Commission Agenda — 10/05/2021 REFERENCE AND BACKGROUND Property: Legal Description: Lot 11, Block 4, Groveland Addition PID: 155-125-004110 Planning Case Number: 2021-036 Request(s): Amendment to a Planned Unit Development to allow outdoor storage of rental storage containers Deadline for Decision: November 12, 2021 (60 -day deadline) January 11, 2022 (120 -day deadline) Land Use Designation: Community Commercial Zoning Designation: Affordable Self -Storage PUD District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self Storage Facility Surrounding Land Uses: North: RV Dealership East: Vacant Commercial (Zoned B-3) South: Single Family Residential West: RV Dealership Project Description: The applicant proposes to utilize a portion of the current self - storage property along the westerly boundary, as well at the ends of several of the self -storage buildings on the property to store a series of "storage boxes". These units are delivered to the property and rented to individuals which are then used to self - store goods. The applicant indicates that the request is for a total of 58 such storage boxes of varying sizes, between 7.5 by 7.5 feet and 8 by 20 feet. The applicant has suggested that the units will be empty, although that is not expressly stated in the application narrative. The applicant has indicated in the past that the boxes would sit on the ground, without stacking, although that clarification is not made in the current application. The applicant previously proposed an amendment to the Affordable Storage Planned Unit Development for the 2 Planning Commission Agenda — 10/05/2021 introduction of storage boxes on the site, which was considered by the Planning Commission in August of 2021. The application was withdrawn prior to Council consideration. it is noted that several of these boxes have already been moved on to the site counter to the requirements of the original PUD approvals and are currently in violation of the Zoning Ordinance. ANALYSIS: Planned Unit Development (PUD) is a zoning technique that allows developers and the City to establish a set of development requirements which, while not meeting all of the specific standards of a traditional zoning district, are designed to exceed the City's objectives for the zoning district that would otherwise apply. The City's land use objectives are described in the Comprehensive Plan, and typically address various performance standards as well as classes of land use. In this case, the applicable land use classification in the Comprehensive Plan is "Community Commercial", and the underlying zoning district that would apply if the PUD zoning were not in place would be B-3, Highway Business. One of the primary objectives of the Comprehensive Plan is the orderly development and use of land, consistent with consideration for other land uses in the neighborhood of the subject property. As shown on the map below, and noted above, the subject property is in an area of mixed commercial and residential uses, indeed abutting residential development on one side of the property. The Community Commercial designation is designed to be a "low -scale" retail area along major roadways that serve the community. 3 Planning Commission Agenda — 10/05/2021 When the original PUD was granted for the commercial self -storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. In Monticello, outdoor storage of materials is a use that is specifically relegated to industrial districts. Such areas often create a significant amount of noise and other activity that is not compatible with neighboring "low -scale" uses, and particularly problematic for single-family residential areas, where outdoor activities rely on relative quiet and non -industrial activity on adjoining property. The applicant's narrative seeks to distinguish this use as "Open Sales" accessory use, as opposed to outdoor storage. However, "Open Sales" uses involve retail transactions where customers may visit the retail site, inspect the goods, pay for the materials, and transport them from the retailer. This type of transaction is distinguished from the current proposal in that the storage boxes are stored on the site, loaded, and delivered to off-site customers, all without the customer's ability to pick up and take any retail goods with them from the retail location. This is fundamentally not a retail activity, as would be implied by the "Open Sales" land use category. Further, the zoning ordinance definition for Outdoor Storage is directly applicable to the proposed use. That definition reads as follows: OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Outdoor storage is prohibited in commercial districts and is specifically prohibited by the language of the Affordable Self -Storage PUD. The applicant's materials do not specify, but the process by which the storage boxes would be transferred to and from the site would be via truck and some manner of jack or crane, increasing the equipment activity and noise on the site. This activity is expected in an industrial area, but not in a commercial district, and especially not in proximity to a residential neighborhood. The proposed storage of these units on the property is therefore an industrial one, and incompatible with the proximity of the use to residential property. The narrative further notes that the original PUD district references accessory uses in the "Industrial" areas as potentially allowed uses in the Affordable Storage PUD District. While staff believes that the original reference is a typographical error— noting that outdoor storage was expressly not allowed in the district language — industrial use would be inappropriate in this 4 Planning Commission Agenda — 10/05/2021 location based on the impacts and discussion previously noted. As part of any amendment consideration, staff would request that the City amend the ordinance of the PUD to correct this language to "Commercial." Further, the City's fire department officials have noted concern with the storage of the proposed boxes on the site, which were not anticipated when the original plan was approved. The locations restrict fire -fighting access to portions of the property, most significantly, to the west side of the line of stored boxes along the west boundary of the site. Moreover, the revised site plan shows a large area of snow storage in the southwest corner of the site that would make the fire hydrant in that location inaccessible. The Fire Marshal has requested an apparatus turning template be prepared to demonstrate maneuverability within the site with the unit locations as proposed. As noted in prior review, there is one self -storage site in Monticello that was granted an interim use permit for temporary storage boxes in the past. That site is the Storage Link facility at Dundas Road and Cedar Street. The City granted the IUP for this site as a temporary measure to accommodate expansion of the facility. There are at least three major aspects of this prior approval that differentiate it from the Affordable Storage request. First, the Storage Link facility abuts undeveloped commercial land. There is no residential in near proximity to the site. Moreover, the facility sits at the intersection of roads that serve exclusively commercial properties west, north and south, and industrial property to the east. Second, the Storage Link temporary storage boxes are utilized as an interim storage use, and have only limited, if any, trucking and active machinery at the site. As such, there is much less likelihood of noise disruption to surrounding land uses, particularly as the adjoining property was anticipated to be vacant for some time. Finally, as noted, the permit granted was an Interim Use Permit, acknowledging that the proposed storage units were temporary in nature. While no adjoining development was anticipated in the near term, removal of the temporary storage is required at the expiration of the IUP term and adjoining development (now a part of the Chelsea Commons planning area) would then develop without the impacts of temporary storage on that site. In summary, the proposed storage box business would introduce what is commonly considered to be an industrial activity to the Affordable Storage PUD site. As noted, PUD requires a finding that the proposed development meets and exceeds the City's land use goals in exchange for relaxation of certain zoning requirements. Introduction of an industrial use on property guided for "low -scale" commercial use, adjacent to a low-density single-family neighborhood would be counter to this requirement. 5 Planning Commission Agenda — 10/05/2021 STAFF RECOMMENDED ACTION For Decision 1, Staff recommends Alternative 2, denial of the PUD Amendment. As noted in this report, the addition of outdoor storage, and the nature of the storage in question which would entail heavy equipment and truck operations to support it, would be inconsistent with the intent of the land use direction specified by the Comprehensive Plan, and incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south of the subject property. For Decision 2, Staff recommends Alternative 1, which would correct the prior error in the adopted ordinance for the Affordable Storage PUD consistent with the intent of the original approved plans. Staff would ask the Planning Commission to specify a removal date within their motion. Per ordinance, staff typically allows up to 30 days for correction of a code violation. SUPPORTING DATA A. Resolution PC -2021-037 B. Aerial Site Image C. Applicant Narrative D. Proposed Site Plan and Detail E. Affordable Self -Storage PUD Ordinance F. Ordinance Excerpts G. Monticello 2040 Vision + Plan, Excerpts Z. Conditions of Approval EXHIBIT Z Lot 11, Block 4, Groveland Addition Affordable Storage PUD Amendment 1. If Planning Commission motions to recommend approval of the amendment to PUD to allow the proposed storage units, staff would recommend that Commission provide a list of conditions applicable to the proposed use on the site. 0 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 RECOMMENDING DENIAL OF AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND AMENDING FOR CORRECTION THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned PUD, Planned Unit Development, and is subject to a previously approved Planned Unit Development ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial", and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 51", 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: The proposed uses are inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area. The impacts of the improvements exceed those anticipated by the existing and future land uses and cannot addressed through standard review and ordinances as adopted. 4. The planned amendments do not meet the intent and requirements of the applicable zoning regulations. 5. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD and must be removed from the site no later than .2021. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council denies the Planned Unit Development Amendment for Affordable Storage and amend the language of the Affordable Self -storage District to remove references to Industrial accessory uses. ADOPTED this 51" day of October, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION Paul Konsor, Chair ATTEST: Angela Schumann, Community Development Director 2 O A D L O V) W V/V L 0 r) D 0- O +-+ E W E Q E L M� W N O O L (A c -I LnC"I 0 Q N r -I Ln Lf) 7i C) d c O C Co v O L U O co r -61O _! N Cl) U � J Z J N W c O W cI W 0_ X U ix o m ~ Z O Y a 2 IA V) a o' Y O w O r-+ m J o NZ W o Q Z U r1 H O O 0 w w 41 L C � o: a u O d N d N 00 co O J W V Z O 2 W O} F- V r1 0 c-� v41 IZT 0 Y V O m r-4 r1 O C O �i u Q) 0 x O CO KB Properties PUD Amendment and Corresponding CUP Affordable Storage provides public self storage, with multiple locations in MN. The company has invested nearly $4MM in its 6.28 acre Monticello location and has provided a much needed service to the community. In addition to providing an in -demand service for local residents, Affordable Storage also contributes over $62,000 in annual property taxes, while placing very little demand on municipal services. In September of 2017, the City Council approved a PUD for Affordable Storage, located at 10111 Innsbrook Drive, and recently approved an amendment related to screening on this property (October 2020). Affordable Storage is proposing Accessory Use activities identified as "Open Sales" in the MZO within their current PUD. Subsection C of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance (MZO) outlines the permitting of an Accessory Use as follows: (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. "Open Sales" is defined on Page 495 of the MZO as follows: OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. As the display, leasing and sale of a "Portable Container" (Defined in MZO Page 499) is not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking, the proposed use being defined as "Open Sales" is accurate. "Open Sales" is identified as an allowed Accessory Use, with a Conditional Use Permit (CUP), in the underlying B3 Zoning District, as well as the 11 Zoning District as outlined in Table 5-4 on Page 415 of the MZO. Subsection E of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance goes on to establish the method for amending the existing PUD for this Accessory Use CUP as follows: (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (O,)(10. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Therefore, Affordable Storage, in accordance with the MZO, is applying for an Amendment to its existing PUD to grant a CUP for "Open Sales" as an Accessory Use. Affordable Storage is asking to be granted a PUD Amendment and CUP to allow for the utilization of 5,687 sq ft of at -grade space for the purpose of selling and renting merchandise and for the storing of the same prior to sale. This represents less than 7.5% of the current building space on site and 2% of the total land area of the parcel. This puts the request well within the Accessory Use guidelines as written in the MZO. The proposed locations for displaying varying size portable containers are outlined in the attached site -plan. This plan allows the maintaining of adequate site -circulation, fire access and snow removal. The area utilized for "Open Sales" will be neatly organized and screened from public view at a much higher standard than similar uses in the immediate area. There will be no assembly or manufacturing on site. All portable containers will be assembled off-site prior to being brought to the location to be displayed for the purpose of selling and/or renting. Although this accessory use will not substantially increase the amount of traffic, or noise at the site, Affordable Storage is willing to limit the hours for placement and replacement of the portable containers to Monday through Friday, between the hours of 10 a.m. and 4 p.m. Affordable Storage currently operates at 98% capacity for it's fixed location self -storage products indicating there is still substantial market demand for this use in the community. The addition of this Accessory Use will allow the company to not only serve more community members, but also serve them in a more convenient and affordable manner, capturing a growing trend in its industry. The proposed use has little to no measurable impacts on adjacent land owners, the general public right-of-way, or local infrastructure. There will be no changes to lighting, signage, garbage, or any other elements of the property. There will be no changes to the amount of impervious surface, or drainage on the site. Affordable Storage feels that this is an ideally suited location for this use and the request is in harmony with the area as well as the spirit of its original PUD. ir SNOW STORAGE AREA = 6,055 SF h'f A 20x81 2px8, 20X8, 1018, 2018 20 r8, 20X8 10,8 co o� 4 EA - 15'X8' p / STORAGE CONTAINERS i �\BGG SNOW STORAGE AREA = 5,330 SF \ SNOW STORAGE S�\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINERS a. \\� 2 EA - 15'X8' QJ 1 STORAGE CONTAINERS 3 EA - 8'X8' o,/ G STORAGE CONTAINERS V\�O 2 EA5' 8' 1� STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 1 EA - 20'X8' STORAGE CONTAINER �0- �\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINER �Q o, 4 EA - 7.5'X7.5' STORAGE CONTAINERS •i4 4 EA - 7.5'X7.5' / STORAGE CONTAINERS\Cj 4 EA - 7.5'X7.5' STORAGE CONTAINERS / SNOW STORAGE AREA = 15,525 SF / d d SNOW STORAGE AREA = 14,650 SF EpE EOF r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: la � • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA � SF al 76,144 SF PERVIOUS AREA r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: AREA (SF) BUILDING 1 • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA 121,956 SF BUILDING AREA 76,144 SF PERVIOUS AREA 75,316 SF TOTAL AREA 273,416 SF PROPOSED STORAGE CONTAINERS AREA (SF) BUILDING 1 CONTAINER SIZE AREA (SF) N0. OF CONTAINERS TOTAL AREA (SF) OF STORAGE 20'X 8' 160 17 2,720 15'X 8' 120 10 1,200 8'X 8' 64 3 192 7.5'X 7.5' 56 281 1,575 5,130 TOTAL AREA OF CONTAINERS 5,687 EXISTING BUILDINGS AREA (SF) BUILDING 1 3,364 BUILDING 2 4,530 BUILDING 3 5,130 BUILDING 4 4,530 BUILDING 5 5,130 BUILDING 6 4,530 BUILDING 7 5,130 BUILDING 8 4,230 BUILDING 9 5,130 BUILDING 10 3,930 BUILDING 11 5,130 BUILDING 12 3,930 BUILDING 13 5,130 BUILDING 14 3,030 BUILDING 15 5,130 BUILDING 16 5,130 BUILDING 17 3,030 TOTAL 76,144 STORAGE CONTAINER: z O D_ U U7 w 0 uO MI* 0 v 10� Z N 0 U 0 U 0 U 0 v N oW WV_ W p O li QW 9 U. .. N WN m m m 0w Qcow UJ ZH LD z Y O Q W C2 CD Lu D D D U D IL Z MI* 0 v 10� Z wN Zm W (n Y C oW WV_ W S2 umj -c li QW 9 U. .. C7W WN �WUJ ~0�0 y� Qcow UJ ZH m yN r1� ♦^ mzz XT LL v Oaj°C WWO 0 Z5 z JVW o - OJ c) LL, W a A U Lu z z LU J Q o Q U z u r QC Q O = LL U C Q Lu J Ln O 0- J W DC O W 0oU Lu c) p~L/)z Z I= 0 0 2 0 ILL ILL LL G 0 LL m O Q U F-- U SHEET N0. CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (b) Permitted Uses. Permitted principal uses in the Autumn Ridge PUD District shall be single family residential uses as found in the "T -N", Traditional Neighborhood Zoning District, subject to the approved Final Stage Development Plans and development agreement dated September 11th, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the T -N District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses as allowed in the T -N District, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the T -N, Traditional Neighborhood District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (8) Affordable Self -Storage PUD District (a) Purpose. The purpose of the Affordable Self -Storage PUD District is to provide for the development of certain real estate subject to the District for commercial land uses. (b) Permitted Uses. Permitted principal uses in the Affordable Self -Storage PUD District shall be self -storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 11, 2017 and development agreement dated September I Vh, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. Page 222 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. (d) District Performance Standards. Performance standards for the development in the Affordable Self -Storage PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (9) Rivertown Suites PUD District (a) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the development of certain real estate subject to the District for multiple family residential land uses. (b) Permitted Uses. Permitted principal uses in the Rivertown Suites PUD District shall be multiple family residential uses as found in the R-4, Medium - High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23, 2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium -High Density Residential District shall apply. City of Monticello Zoning Ordinance Page 223 CHAPTER 5: USE STANDARDS Section S.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures Page 414 City of Monticello Zoning Ordinance Accessory Building — P P P P P P P P P P P P P P P P minor ( 5.3 D1( 1 I Accessory Building — P P P P P P P C P P P P P P P Pmajor 5.3 D 2 Adult Use — accessory LP] C 5.3 Q 3 Agricultural Buildings 5.3 LQJ 4 Air Conditioning Units P I P P P P P P P P P P P P P P P Automated Teller Machines (ATMs) P P P P P P P P S. 3(D)(51 Automobile Repair — C Major 5.3(D Automobile Repair — Minor C C 5.3 UD 7 Boarder(s) P P p 5.3 UD 8 Bulk Fuel Sales/Storage P P P C ICI C 5.3 D 9 Cocktail Room (Retail Sales Accessory to Micro- C C C C C C Distillery) 5.3(D�(10) Co -located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(E) Columbarium (Accessory P P P P P P P use to Cemeteries) 5.3"D "11 Commercial Canopies P P P P P P P P 5.3(D 12) Commercial Transmission/ Reception Antennae/ C C C C C C Structures 4.13(D) Donation Drop-off P P Containers 5.3 LD13 Drive -Through Services P P P C P P P 5.3 Q114 Entertainment/ Recreation C C C C 14 5.3 D 15 — Outdoor Commercial Fences or Walls p p p p p p p p p p p p p p p P 4.3 Greenhouse/Conservatory p p p p p p p P P P P P P P P P 5.3 D 16 non-commercial Heliports C C C C C 5.3 D 17 Home Occupations P P P P P P P p p P 5.3 D 18 Indoor Food / p p p p p p p p 5.3 D 19 Convenience Sales Page 414 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 415 ' . - -. Indoor Storage P P P P p P 5.3 D 20 Incidental Light p p p p P 5.3(D)(21) Manufacturing Machinery/Trucking :�iEc 5.3(D)(22) Repair & Sales Office P P P P P P none Off-street Loading p p C P P P P P P P 4.9 Space Off-street Parking P P P P P P P P P P P P P P P P 4.8 Open Sales P h C C C 5.3(D(23) Operation and storage of agricultural P 5.3(D)(24) vehicles, equipment, and machinery Outdoor Seating — Accessory to restaurant, bar, production brewery with P\C P\C P\C P\C 5.3(D)(25) taproom, microdistillery with cocktail room, and/or brewpubs Outdoor Sidewalk Sales & Display P P P P P P P P 5.3(D)(26) (businesses) Residential 5.3(D)(27)(a) Outdoor Storage P P P P P P P P P P Industrial 5.3 D 27 b Park Facility Buildings & P P P P P P P P P P P P P P P P 5.3(D)(28) Structures (public) Private Amateur 4.13(6) Radio P P P P P P P P P P P P P P P P Private Receiving Antennae and P P P P P P P P P P P P p p p p 4.13(C) Antenna Support Structures City of Monticello Zoning Ordinance Page 415 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance Retail Sales of Goods (as P P P P P P C C 5.3(D)(29) part of an office or industrial use Shelters (Storm or P P P P P P P P P P P P P P P P 5.3(D)(30) Fallout Sign(s) P P P P P P P P P P P P P P P P 5.3 D31 Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(32) Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(33) Taproom (Retail Sales C C C C C C 5.3(D)(34) Accessory to Production Brewer Large Trash Handling and P P P P P P P P P P P P 5.3(D)(35) Recycling Collection Area Wind Energy Conversion C CC 7 C C 5.3(D)(36) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(37) System, Non-commercial Wireless Telecommunications Support Structures C C C C C C C 4.3"E 4.3(Fl (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots or on the effective date of any amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or the amendment. NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions. OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OFFICE USE: An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services. OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business. OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light. OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. OPEN SPACE: An area on a lot not occupied by any structure or impervious surface. OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space. City of Monticello Zoning Ordinance Page 495 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters which may include wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. OWNER: The person or entity with a legal or equitable interest in the land on which the construction activities will occur. PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a building. PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features. PARK FACILITY, PASSIVE: A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced, for a period of less than twenty-four (24) hours. PARKING BAY: The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces. PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties. Page 496 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river. ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOT ZONE: The area inside the dripline of a tree that contains its roots. SCHOOL, Pre -K-12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF -STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. City of Monticello Zoning Ordinance Page 501 FUTURE LAND USE MAP COMMERCIAL DESIGNATIONS There are four commercial and mixed land use designations as follows: Community Commercial A Community Commercial designation applies to existing commercial uses along State Highway 25, School Boulevard and Chelsea Road, as well as other small pockets of Monticello that include existing shopping centers, retailers and entertainment uses. The intent of Community Commercial is to provide locations for everyday retail goods and services generally oriented to a city-wide basis. Regional Commercial A Regional Commercial designation applies to areas targeted for uses that serve the traveling public and larger retail uses and commercial development intended for a regional market. This designation is generally applied to various areas along the Interstate 94 corridor with high visibility. The development character of the regional commercial development will continue to be auto -oriented, large format commercial uses such as `big -box' uses and other uses that require a large parking area. Looking to the future, opportunities for connectivity and design linkages between such development and nearby uses and neighborhoods will be emphasized. Downtown Mixed -Use The Downtown Mixed -Use category identifies and designates the downtown area as a primary development focus for downtown intended to improve, revitalize and redevelop Downtown Monticello as envisioned in the 2017 Downtown Small Area Plan. The goal is to transform downtown into a thriving commercial area with new mixed-use, specialty retail and restaurant uses with enhanced streetscape and pedestrian amenities. Entertainment uses, co -working spaces, boutiques and cafes are also envisioned. New downtown development should also embrace and be oriented towards the river whenever possible. Commercial/Residential Flex The Commercial/Residential Flex designation encourages the mix of flexible and compatible development of commercial, office, retail and residential uses in limited areas of the city on the same or adjacent properties. The purpose of this designation is to give the city and property owners flexibility for future land use based on market demand. The Commercial/Residential Flex designation is applied to a few of the remaining large vacant parcels in the City including the parcels located south of Chelsea Road and north of School Boulevard and centered along Dundas Road. This designation is also applied to parcels located between Interstate 94 and 7th Street West. These properties may be developed as commercial, residential, or mixed land uses under the city's PUD zoning, subject to review and approval of the City. TABLE 3.3.- FUTURE LAND USE COMMERCIAL ACREAGES Land Use CategoriesAcreage Community Commercial 125 Regional Commercial 433 Downtown Mixed -Use 48 Commercial and Residential Flex 174 Source: Monticello Downtown Small Area Plan (2017) 60 (« LAND USE, GROWTH AND ORDERLY ANNEXATION COMMUNITY COMMERCIAL (CC) The Community Commercial designation includes low -scale retail, service, and office uses located along the City's arterials and collector streets. Some of these areas are developed as auto -oriented "strip" shopping centers while others are freestanding offices, commercial uses, or clusters of businesses intended to meet the needs of the community at large. Typical retail uses would include supermarkets, drug stores and miscellaneous local -serving retail stores and services. Typical office commercial uses might include banks, finance, real estate, medical and dental offices, and professional services. Typical service commercial uses might include gas stations, restaurants including fastfood, used car sales, and minor auto repair businesses. MONTICELLO 2040 VISION + PLAN Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District Primary Mode Vehicular with access to collectors and arterials Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 5th, 2021- 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners Present: Paul Konsor, Andrew Tapper, Eric Hagen and Teri Lehner Commissioners Absent: Alison Zimpfer Council Liaison Present: Charlotte Gabler Staff Present: Angela Schumann, Steve Grittman (NAC), Hayden Stensgard, and Ron Hackenmueller 1. General Business A. Call to Order Chairperson Paul Konsor called the regular meeting of the Monticello Planning Commission to order at 6:00. B. Consideration of approving minutes a. Special Meeting Minutes — July 6, 2021 b. Regular Meeting Minutes — August 7th, 2021 c. Regular Meeting Minutes — September 7th, 2021 ERIC HAGEN MOVED TO APPROVE THE AUGUST 7th AND SEPTEMBER 7th PLANNING COMMISSION MEETING MINUTES. TERI LEHNER SECONDED THE MOTION. MOTION APPROVED UNANIMOUSLY, 4-0. ERIC HAGEN MOVED TO TABLE THE JULY 6th SPECIAL MEETING MINUTES APPROVAL; PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4-0. C. Citizen Comments None D. Consideration of adding items to the agenda None E. Consideration to approve agenda ANDREW TAPPER MOVED TO APPROVE THE OCTOBER 5, 2021, PLANNING COMMISSION MEETING AGENDA, ERIC HAGEN SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY 4-0. 2. Public Hearing A. Public Hearing — Consideration of request for Amendment to Planned Unit Development for expansion of an existing Vehicle Sales & Rental use in a B-3 (Highway Business District). Applicant: Ashbrook, Aeron Planning Commission Minutes—October 5, 2021 Steve Grittman provided an overview of the application. The PUD that is in place in this location was put in place to accommodate the shared access between West Metro as well as Cornerstone. The expansion would be an addition to the already existing building on site. The applicant provided two different plans for the one expansion proposed. The first one included service bays for vehicles to be worked on, the second set of plans also included the service bays, but also had a second story on the expansion for office space. If plans are approved, the applicant will move forward with the plans that include the second story. The expansion would have very little impact on the site plan. This use is an allowed use in the zoning district and the expansion fits the site, causing no setback issues. Staff believes the use is consistent with both the function of the property as well as the intent of the PUD. Staff recommends approval of the amendment to the conditional use permit with the conditions noted in Exhibit Z. Eric Hagen asked how far the building would be from the Child Care Center next to it following completion of the expansion. Stephen Grittman said that the site plan showed a setback of about 35 from the property line and that there is a parcel that divides the property lines of both West Metro and the Child Care Center, which is roughly another 20 feet. The total space separating the two is about 55 feet. Paul Konsor opened the public hearing, hearing no comments, the public hearing was closed. Eric Hagen said that he believes it is a good use for the space and agrees with the staff s recommendation. Andrew Tapper said he did not see an issue regarding parking on the site. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-034, RECOMMENDING APPROVAL OF AMENDMENT TO THE PLANNED UNIT DEVELOPMENT, BASED ON THE FINDINGS IN SAID RESOLUTION ON THE CONDITIONS IDENTIFIED IN EXHIBIT Z, ANDREW TAPPER SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY 4-0. EXHIBIT Z Conditions for Approval Planned Unit Development Amendment for West Metro Buick GMC 1. The site plan shall be modified to specify intended off-street parking areas and related drives aisles. 2. The applicant address, to the satisfaction of the City, the handling of increased parking demand which may result from the addition of 2,736 square feet of new office space included in the "Plan B" development option. This dedicated parking should include adequate parking for employee counts under either option, and avoid on -street parking needs. Planning Commission Minutes—October 5, 2021 3. The height of the two-story development option (Plan A) shall be reduced to 30 feet. 4. The submitted building elevations shall be modified to specify intended finish materials that match the existing structure. 5. All new site signage shall be subject to sign permit processing. 6. Issues related to site grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. B. Public Hearing — Consideration of a request for Conditional Use Permit for Accessory Structure exceeding 1,200 square feet and a Variance to Accessory Structure square footage maximum of 1,500 square feet and Variance to side yard setback for an existing single-family residential use in the Central Community District, General Sub -District. Applicant: McCarty, Clarence Steve Grittman provided an overview of the land use application request. Grittman noted that there are three proposed resolutions, two of which needed action. The one is for the Conditional Use Permit and the other two have to do with the Variance request. The applicant is looking to add 20 -foot -wide garage on the east side of the house. The setback would be met as it is 6 feet from the property line. The added square footage of the garage would put the total square footage of accessory structures over 1,900 sq ft. The zoning code calls for single-family homes to not have more than 1,500 sq ft of accessory structures, but the code also calls for single-family homes to have an attached 2 -car garage. The issue brought forth would be whether to allow the applicant to exceed the threshold of 1,500 sq ft after the Condition Use request. Staff believes that the attached garage is a consistent use for the site. Grittman noted the variance request to exceed 1,500 sq feet has been seen recently in the past and has been denied subsequently. Staff s recommendation is to approve the Conditional Use Permit to exceed the 1,200 sq ft threshold up to 1,500 sq ft but deny the variance to exceed the 1,500 sq ft threshold. An option observed by staff would be to reduce the size of existing accessory structure to meet the maximum of 1,500 sq ft. Eric Hagen asked if there was any historical significance to the barn on the property where making changes to it would be a problem. Grittman responded that it is not on the historic register. Paul Konsor asked if there was an aerial view of the barn on site, to know that there were no additions to the barn since its first construction. Grittman responded saying that just based on observation of what information is currently available, it does look like it was added on at a later date. Andrew Tapper asked for clarification there is no verification of the age of the building. Grittman noted that the applicant would be able to better answer that question. Charlotte Gabler asked if the commission had been approached about a similar Planning Commission Minutes—October 5, 2021 situation with the applicant prior to this hearing. Grittman confirmed that the applicant had submitted a similar application for a different parcel. Paul Konsor opened the public hearing. Applicant Clarence McCarty said that there is no documentation regarding the age of the barn but is aware that it is over 150 years old. A colleague at the Wright County historical Society had told him that the barn used to be the town's livery stable. McCarty confirmed that the barn has been added on to, but it would not be applicable to remove any parts of the barn. Eric Hagen noted that it has been allowed before for applicants to go above the 1,200 square feet. Hagen also understands the use of the barn, the option is there to remove parts of accessory structures to meet the 1,500 square foot maximum, but it is not desirable. Steve Grittman clarified that variances were decided by hardship, meaning there is no other option. That has since changed to practical use, where as long as it seems like a reasonable request, the variance could be granted. Eric Hagen asked Steve Grittman if it still true that variances can be approved only if all conditions were met. Grittman responded saying that to approve a variance, the essentials include a unique condition to the property, that said condition was not created by the applicant, and that same condition creates practical difficulty in terms of putting the property to reasonable use. The term "reasonable use" offers flexibility in its definition. Eric Hagen said that it is certainly unique to have a barn in the middle of down. But it does not restrict the property from reasonable use. He also noted that even though the specific impeding structure may be a unique situation because it is a barn, if it was another type of structure causing the same problem, those two situations would be one in the same. Applicant Clarence McCarty noted that this condition was in fact not created by himself (the applicant) as the barn was built before the town was created. It would be difficult to remove any parts of accessory structures on the property, but believes the attached garage is a necessary structure for the property. Andrew Tapper said that if there was some validation of the significance of the barn, it would be a different story. Eric Hagen agrees with Tapper saying that if something makes this barn unique to any other structure, then it would be clearer to the variance approval. Hagen also noted that it may be a good idea to look at the separation between hardship and reasonable use noted earlier, this would also potentially give the applicant more time to see if there actually is some historical significance to the barn. Hearing no more public comments, Paul Konsor closed the public hearing. Paul Konsor said that his opinion is that any property has limitation to it, the Planning Commission Minutes—October 5, 2021 barn is in use and being utilized and the homeowner, due the ask for expansion, has outgrown the property. Unless there is something from a historical society, he could not see reason to approve the variance. Teri Lehner concurs with Paul Konsor that if there is something to make this historically significant beyond the barn just being old, then the variance would be easier to approve. Steve Grittman noted that it is discussed in the staff report that if the planning commission is looking for a way to approve this, those factors would need to be addressed, such as information claiming historical significance on the barn. Andrew Tapper asked that if the CUP was approved but the variance was denied, could the applicant come back with the variance to try to get it approved again. Grittman responded saying that they would need to do it within six months, or they could appeal it to the City Council. Councilmember Charlotte Gabler asked Steve Grittman if they approved the CUP and removed the part in exhibit z regarding the removal of existing accessory buildings to meet the 1,500 square foot maximum and said this property has met its max capacity for square footage and could not ask again, could that be possible. Steve Grittman said that could be a condition on the CUP, but it is unlikely to make this a binding agreement down the road, due to new councils being able to overturn the decision. Paul Konsor suggested approving the CUP and tabling the decision on the variance. Andrew Tapper asked the staff about the application deadline if the variance decision was tabled. Angela Schumann said that staff would need to send the applicant an extension letter, or the applicant would have to waive their 60 -day timeline. Commission would have until December 23rd, 2021, to make a decision on the variance. Eric Hagen believes that historical significance might not have anything to do with approving or denying the variance. Andrew Tapper responded that the commission would be looking for something binding or official. Eric Hagen does not see a way that this variance could be approved without it causing problems in the future with other decisions. Decision 1: Consideration of a Conditional Use Permit for a detached garage with a total of more than 1,200 square feet on a single-family parcel. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-035, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT, BASED ON THE FINDINGS IN SAID RESOLUTION, AND THE CONDITIONS OF APPROVAL AS REQUIRED IN THE ORDINANCE AND IN EXHIBIT Z. SECONDED BY PAUL KONSOR. MOTION CARRIED UNANIMOUSLY 4-0. Planning Commission Minutes—October 5, 2021 Decision 2: Variance from the maximum total garage space on a single-family parcel. ERIC HAGEN MOVED TO ADOPT RESOLUTION NO. PC 2021-036 (DENIAL), DENYING THE VARIANCE FOR A DETACHED GARAGE EXCEEDING THE TOTAL SQUARE FOOTAGE ALLOWANCE OF 1,500 SQUARE FEET ON A SINGLE-FAMILY PARCEL, BASED ON THE FINDINGS IN SAID RESOLUTION. SECONDED BY TERI LEHNER. MOTION CARRIED 3-1 WITH PAUL KONSOR VOTING IN OPPOSITION. EXHIBIT Z Conditions for Approval Conditional Use Permit for 319 W 3rd St 1. A portion of the existing accessory building shall be removed such that a setback of not less than 6 feet is maintained along the north property line. 2. The amount of accessory garage (storage) space on the property shall not exceed 1,500 square feet. 3. No accessory buildings other than the new attached garage and the reconstructed detached building are permitted on the property. 4. The proposed attached garage is constructed per the provided plans. 5. No business use may be made of the building, and such building is utilized solely for the storage of personal residential equipment and materials. 6. The exterior materials used to finish the new attached accessory structure must match the existing home in material type and color. 7. No exterior lighting be attached to the garage that will glare onto adjoining property. 8. All exterior parking and storage shall meet the requirements of the zoning ordinance, and existing residential trailers, equipment, and other storage is removed from the site, lawfully parked in the rear yard, or stored in the accessory buildings on the property. 9. The disturbed areas of the site shall be seeded or sodded within one calendar year of the issuance of a certificate of occupancy. 10. Recommendations of the City Engineer. 11. Comments and recommendations of other staff. Planning Commission Minutes—October 5, 2021 C. Public Hearing — Consideration of request for an Amendment to the Affordable Storage Planned Unit Development for Proposed Portable Container Accessory Use. Applicant: Burnham, Keith Steve Grittman provided an overview of the land use application request. Grittman notes the applicant states that in the language of the PUD district, outdoor storage is an accepted accessory use, but staff believes this is a typographical error. As part of the original approval of the PUD, outdoor storage was not intended to be allowed. Staff believes the intent of the application was to accommodate a low -intensity commercial use in this location give its proximity to the residential area, which is consistent with the comprehensive plan in this area. The addition of the storage boxes to the site would introduce more traffic to the site, particularly equipment that would move these boxes on and off the site. Staff believes this is incompatible with the way the district was originally designed. The applicant suggests that the storage boxes are a form of outdoor display, which is allowed in some commercial areas in Monticello. In staffs view, this type of use differs from outdoor display. Staff recommends denial of the amendment to the planned unit development as proposed. Eric Hagen asked how this application is different from the one the applicant submitted in the month of August. Steve Grittman responded that the applicant withdrew the application prior and reconfigured the layout of the site and rewrote the application in a different form. Paul Konsor asked to clarify the decision on the table. Grittman clarified by describing the first decision as the amendment to the planned unit development proposed by the applicant. The second decision is from the City of Monticello staff that would correct the wording in the existing in the PUD, as the intent of the language was to reflect commercial uses, rather industrial uses. Eric Hagen asked if this language was specific to this Planned Unit Development. Grittman confirmed that this language is specific to this Planned Unit Development. Paul Konsor asked what the language clarification of language would do to the PUD. Grittman responded by saying that the applicant was relying on the language to allow this use the applicant is applying for. Staff is looking to clear this up so future confusion wouldn't be necessary. Tapper added on saying that this PUD has always been a Commercial district and not Industrial. Paul Konsor asked to clarify that conditions within a PUD is specific to the property the PUD relates to. Planning Commission Minutes—October 5, 2021 Grittman said that was correct. Paul Konsor asked why this language change would make a difference when the condition was already specific to only this property under discussion. Grittman described the way language is created specifically for PUD and that the grammatical error came when the PUD was created. Paul Konsor opened the public hearing. Tim Dolan of the Decklan Group, representing the applicant Keith Burnham, said that the applicant interpreted the PUD the way he read it, that is why the storage boxes were already placed on the site. The language in the PUD that the amendment would change is where a great deal of confusion came from regarding this application. The basics of the request is that the storage boxes on site are not outdoor storage. The applicant claims that these storage containers are not outdoor storage, but more so open sales. The definition of Open Sales in the code reads as follows: "OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking." Since these containers are for rent or for sale, the applicant believes that these should be allowed in the PUD. The definition of Open Sales is vague and doesn't include the size of what is being sold, or where it is allowed to be sold. The applicant also believes that the amendment to the language does not apply to this request. Mr. Dolan also clarified the difference between the original application to the one being discussed at this meeting included public access and that this application is a Conditional Use Permit to allow open sales. The original focused more on the discussion of outdoor storage. Mr. Dolan also noted that the comprehensive plan guidance regarding this Planned Unit Development, the underlying zoning district, is Community Commercial. Permitted uses in Community Commercial include gas stations, drive-thru's, strip malls etc. The point being that these uses create more traffic and noise than what is being proposed in the application. Mr. Dolan believes this is the lowest impact use that could be put on said site, and that this is backed by almost all subsets of planning data. From a noise perspective, Mr. Dolan and the applicant both have difficulty in seeing the problems this would have involving added noise to the area. Dolan also noted that of the first 16 parcels on Chelsea Road, 14 have some sort of Outdoor Storage and/or Open Sales. Dolan does not see a better place in the whole city of Monticello that these storage containers could be placed. Dolan addressed staff concerns regarding the snow storage on site with these containers taking up some space where that snow storage would be, saying that the applicant did not want to continue with any further engineering regarding snow storage without some guidance form the planning commission. The Planning Commission Minutes—October 5, 2021 applicant has no problem also with addressing issues with fire access and public traffic through the site. To further emphasize cooperation, Dolan expressed his preference for tabling the decision so staff and the planning commission, as well as the applicant, could address concerns. Paul Konsor asked if Mr. Dolan if he knew if the applicant was aware that the original PUD had the clause included that stated no outdoor storage. Tim Dolan said that yes, the applicant was aware, but the application does not address outdoor storage because the argument is that it is open sales. Paul Konsor asked if the original PUD for the site had anything regarding open sales as an allowable use. Tim Dolan said that the PUD allows accessory uses on the site. It would "open sales as an accessory use to storage". Dolan noted that the accessory use definition for the PUD emphasizes a footprint on the site at no greater than 30 percent, this applicant is using around 5 percent. Paul Konsor asked why the PUD allows for open sales when originally the PUD was established for a storage facility. Dolan responded that the PUD outlines what could potentially be utilized on the site. For accessory uses, steps apply to getting the go ahead for accessory uses in the district, which is why they submitted an application. This process was something that both parties agreed upon when creating the PUD. Andrew Tapper asked that the applicant's preference would be for the planning commission to table action so they could come back with a Conditional Use Permit Application regarding open Sales as an accessory use. Tim Dolan said no, the CUP is already a part of this current application. But it would be tabled to allow the planning commission to tie any loose ends regarding this application so there is no confusion. Paul Konsor asked if the containers are for rent or for sale. Tim Dolan answered that they are both for sale and for rent. Paul Konsor asked if customers typically come to the site and pick up the boxes. Tim Dolan responded that they could do that. But the goal of these containers is to advertise to current customers who come to the site already, that is why they are not placed along Chelsea Road. Paul Konsor asked if a customer buys a container, the customer keeps it. Tim Dolan said potentially, yes. Paul Konsor said the definition for Outdoor Storage in the PUD includes the keeping of merchandise, which is what the containers are, so merchandise storage for longer than 24 hours would not be allowed in the PUD. Tim Dolan noted that the functioning word in that definition is "keeping". In terms of Open Sales, the definition's first part is what the applicant believes to be applicable in this situation. The differentiating part between the two is sales. Planning Commission Minutes—October S, 2021 Paul Konsor explained that he was attempting to clarify what specifically applies here whether it be outdoor storage or open sales. Andrew Tapper asked again to clarify whether this is an application for an amendment to the existing PUD to grant a CUP for open sales as an accessory use. Tim Dolan said that yes, this is an application for CUP to grant open sales as an accessory use. Andrew Tapper noted for clarification, that if the planning commission decided that this use was considered outdoor storage, then the application would go no further. But if the planning commission sees it as open sales, then this would come back next month looking for an amendment to the CUP. Steve Grittman noted that the main discussion is whether this is outdoor storage or open sales, and Grittman reminded the body that staff believes this is outdoor storage. Paul Konsor asked Steve Grittman if open sales was originally allowed in the CUP. Grittman responded that no, open sales was not allowed originally in the CUP. Paul Konsor believed that originally, the intent was clear that outdoor storage was not allowed, and because they are on the site for more than 24 hours, it is difficult to call this open sales. Tim Dolan emphasized that the applicant is relying on the City's code, not that the applicant is creating his own language. Angel Schumann clarified that reapplying would be necessary. The narrative provided by the applicant states that the application is proposing accessory use activity identified as open sales. The PUD itself states that the accessory uses shall be commonly accessory and incidental to the ordinance adopted and as specifically identified in the Final Stage PUD. Reapplying would not be necessary considering what they are already asking. Teri Lehner asked if the decision on the table is specific to whether this action is outdoor storage or open sales. Eric Hagen did not believe that this was the case. Charlotte Gabler asked Mr. Dolan if the boxes were rented, would they be brought back to the site and stay there after being filled. Tim Dolan said potentially. Charlotte Gabler and Paul Konsor were both in agreement that if that is the case, they would then be considered as outdoor storage. Paul Konsor noted that this discussion is not necessarily fixed on what this act will be called, it is more so whether the planning commission would allow it. On that note, Tim Dolan emphasized the area in which they are asking to do it, in the district and on the site itself, and that it is small ask. Charlotte Gabler asked why they physically need to be on the site in the first Planning Commission Minutes—October 5, 2021 place, because they are empty when bought or rented, why they couldn't be stored somewhere else, and the customer can pick one out of a catalog when the item is needed. Tim Dolan said that they could, but the intent for these to be on site is to put them in front of Affordable Storage's customer base. Paul Konsor asked if the applicant would be willing to have the three different sizes on site and when a customer needs one of the sizes, it would be shipped from a different site to wherever the customer needed the storage box. Tim Dolan responded that the one reservation the applicant would have with that is the replacement of said box when it is needed. Eric Hagen asked if these containers were being utilized by the business now. Tim Dolan said no the ones on site are not being used. Eric Hagen asked if they would be considered outdoor storage right now when they are not being used or being rented or sold. Tim Dolan said yes, as they sit now, they are outdoor storage until the issue at hand is resolved. Eric Hagen finds this concept of open sales difficult when in fact, they are being stored on the site. In doing so, the applicant would be in violation of the PUD due to the use of outdoor storage. Hagen understood that the definition of what these storage containers should be classified as is different in the eye of the applicant. When they are sitting on the site, full or empty, they are not there specifically for advertisement, but also storage. Andrew Tapper asked Eric Hagen what the difference between a box and a car if they are both items for sale and rent. The point of it being that it needs to be an approved accessory use. If it was agreed upon that this specific instance is open sales, it still would be against the PUD regarding the accessory use of open sales. Tapper's argument is that open sales in this case would be other activity, and not an accessory use. But he does see that it is very difficult to decide what these containers could be defined as. Angela Schumann pointed out that vehicle sales and rental is a specific use outlined by code and has its own standards. She also reminded the commission that this site has its own PUD district so the accessory use, whatever it be defined as, was not intended for this PUD, but the applicant has the ability to amend the PUD to allow one of these accessory uses. Paul Konsor asked if the applicant would be willing to display the four container sizes outside and the rest be stored inside a building. Tim Dolan said that there is no room to add building space on the site for them, and that it would affect the noise and vehicles moving the containers around the site. Tim Dolan reemphasized that this application is based on the City's adopted code. Charlotte Gabler asked if there was a way this request could be an Interim Use Planning Commission Minutes—October 5, 2021 Permit rather than a Conditional Use Permit. Grittman responded that the amendment to the PUD could have an expiration date. Tim Dolan requested that if an expiration date were to be added to this application, a minimum of 24 months would be appreciated. Eric Hagen asked what differences the city see in that 24 -month period. Eric Hagen sees an issue with this because the containers are still being stored on site, and the expiration date for this application would not change that fact. It is going to set a precedent for other storage businesses to see what they can sell at their sites beyond storage. Tim Dolan emphasized that the definition of open sales includes the storage of said item for sale. Paul Konsor recommended to table this item for everyone to have time to get a better grasp of the issue. Tim Dolan said that was fine and this was expected by the applicant. Eric Hagen asked Paul Konsor if he didn't feel comfortable making a decision on this issue tonight. Paul Konsor responded and said he believes there could be more discussion of options, while these options haven't been discussed to the full extent, tabling would be an option. Teri Lehner agreed that more time to fully understand the issue at hand would be beneficial. Shawn Weinand, a landowner in the area, believes this is another tactic to postpone the moving of the containers. Notes there is no store on site to sell anything. Accessory uses to mini storage would include selling packaging and tape, etc. Mr. Weinand believes this was clear in the PUD. Eric Hagen believes that the only thing that has changed between the previous application to the current one is the definition of what the storage containers are. Paul Konsor closed the public hearing segment of this item. Andrew Tapper clarified his view that it is difficult to deny this as open sales. But they can deny the fact that this is an approved accessory use to the PUD. Teri Lehner agrees that the original intent was not to have 40 containers on site. Eric Hagen believes that the job of the planning commission is not to find a solution, it is to act on the application at hand with the information given. Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. PAUL KONSOR MOVED TO ADOPT RESOLUTION NO. PC 2021-037, BASED ON Planning Commission Minutes—October 5, 2021 FINDINGS AS IDENTIFIED IN SAID RESOLUTION, AND REQUIRING THE REMOVAL OF THE STORAGE BOXES FROM THE SITE NO LATER THAN NOVEMBER 15, 2021. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4- 0. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self -Storage to correction of language in Section (8)(c). PAUL KONSOR MOVED TO RECOMMEND APPROVAL OF A PUD AMENDMENT FOR THE AFFORDABLE SELF -STORAGE PLANNED UNIT DEVELOPMENT FOR CORRECTION OF LANGUAGE IN SECTION (8)(c) TO READ AS FOLLOWS: ACCESSORY USES. ACCESSORY USES SHALL BE THOSE COMMONLY ACCESSORY AND INCIDENTAL TO INDUST -44 INDUST-44COMMERCIAL USES, AND AS SPECIFICALLY IDENTIFIED BY THE APPROVED FINAL STAGE PUD PLANS, BUT SHALL NOT INCLUDE OUTDOOR STORAGE OR OTHER ACTIVITIES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 4- 0. D. Public Hearing — Consideration of a request for Rezoning to Planned Unit Development, Development Stage Planned Unit Development and Preliminary Plat Monticello Business Center Eighth Addition for Monticello Meadows, a proposed 200 -unit multi -family residential project in a B-4 (Regional Business) District. Applicant: Baldur Real Estate, LLC Steve Grittman provided an overview of land use application request. The site would include two 100 -unit apartment building as well as a community center. One of the comments staff had concerning the layout of the buildings on the site would be to adjust the buildings to fit better with the boundary lines. A significant amount of fill will be necessary on this site to build up the buildings. Grittman noted that this use of land is entirely consistent with the Chelsea Commons Small Area Plan expectations with the site. Staff supports the resident density of the area at 18.5 units per acre and would have supported a denser residential use of this site. Staff also supports the open space amenities proposed on site, such as the community building. The building is valuable and supports the idea of the proposed Planned Unit Development. The parking supply is below the standards that are applied in R-4 districts for multi -family. The expectation is 2.25 parking spaces per unit and this site has proposed a parking average of 2.1. The applicants do however meet the standards when it comes to indoor parking, with 100 parking spaces underneath each building. Staff recommends that there is more detail to the lighting on site as well as the signage that will be on site. With the site being in the southern biome of Chelsea Commons, staff expects a more natural look in terms of grading. The berms on site have been updated since the original plans were received by staff to better fit the "Oak Savanna" style biome and features in the southern part of Chelsea Commons. Fire access is one area that needs to Planning Commission Minutes—October 5, 2021 be addressed as well. The applicants will need to clarify a better way to access the back sides of the buildings proposed. If access is still necessary, a trail system going around both buildings could be applicable if it meets all the necessities from the fire department. Staff would also recommend the structure of the building to represent the prairie style architecture that will be in the southern biome of Chelsea commons. It has been noted in the staff report that the community building proposed does represent the prairie style architecture staff is looking for on the site. Significant enhancements are recommended by staff in terms of the landscaping on site. Staff would appreciate to see landscaping that supports the southern biome of Chelsea Commons with more prairie -like trees and shrubs. The stormwater plan for the site includes capturing the stormwater and routing it to the proposed pond system at the center of Chelsea Commons. The for the Planned Unit Development on this site mainly include the ability to elevate the proposed site above minimum requirements of any residential district in Monticello. Grittman closed by reminding the commission that the decision tonight include rezoning to a Planned Unit Development and a Development Stage PUD, as well as a preliminary plat. Paul Konsor asked to confirm the new name of the project as it has changed from Monticello Meadows to Monticello Lakes. Andrew Tapper asked Grittinan to clarify the site the project has chosen to build on. Tapper also asked to clarify some topographical questions regarding the slope of the site. Chalrotte Gabler asked about the garages that were added to the site on the night of the Panning Commission meeting and what that means for the site. Grittman said he did not have any further comment on the garages at that point. Charlotte Gabler asked if garages on a site were ever discussed when discussing the Chelsea Commons Small Are Plan. Grittman said that the Small Are Plan does not define anything like garages on an apartment site, and most the project involved in the Small Area Plan are going to be PUD's so they will be analyzed individually. Paul Konsor asked if staff had given anything to the applicant regarding the architecture style the City is looking for in this region of Chelsea Commons. Steve Grittman responded that there is nothing beyond what is in the staff report. Eric Hagen noted that in the small area plan, parking has been discussed and promotes underground parking to minimize the area for parking in the small area plan. Paul Konsor opened the public hearing. Mark Welch of G Cubed Engineering said that reiterations have been done following the meeting with staff on the Tuesday before the planning commission meeting. The landscape requests have been acknowledged and are being worked on. The updated site plan showed that the community center Planning Commission Minutes—October 5, 2021 proposed on site has moved, other adjustments include the pathways on site, as well as the added garage space. Welch noted that the one underground parking space is attached to each apartment rented, they are not separate. The Garages however are separate and do not come with renting a unit. Eric Hagen asked how many garage spaces are being proposed for the site. Mark Welch said there are seven buildings for garage space and one building has eight spaces, 56 garage spaces, which would allow for just over a quarter of the units to have a garage space as well as one underground space. Welch also addressed the staff concerns regarding the fire access on the site. He said that as the site is in the plans, they meet the hose lay out lengths for being able to reach all parts of the buildings in case of emergency. Eric Hagen asked about the parking spaces facing the lakes on the site plans and was wondering if that would be the best use for the area. Mark Welch said that this was provided for the fire truck turn around criteria. But that could be adjusted to better utilize that space for looking at the lake. Paul Konsor asked if Mark Welch was the applicant, designer or architect. Mark Welch said that he was representing the applicant and he has been a part of the site layout process. Welch noted that one of the changes made was the roof design on the apartment complex. Eric Hagen asked if the housing density has changed since the last plans were provided to staff and the commission. Mark Welch said that the site has the same density and is still at 200 units. Eric Hagen rephrased his question and asked if the 18.5 per acre density has stayed the same from original plans to the updated plans. Mark Welch said that was correct. He also noted that due to the geometry of the site where the apartments are proposed, the applicant and designers could not rearrange the buildings to better orient the site. Eric Hagen mentioned that it had been discussed before about where the garages are, that piece of the site could have been used for light commercial. Such as a coffee shop or etc. Hagen was wondering if that idea was still being floated around or if it was of the table following the addition of the garages. Mark Welch said that there hasn't been much discussion of bringing commercial use on to the site. If commercial uses were to be added to the site, then there would have to be discussion of a second access. Charlotte Gabler noted that the second access point to the site would be very close to the intersection on Edmonson Avenue and that could be difficult. Mark Welch said that at this time, adding a commercial use on the site would not be something that is ideal to the site plan. Welch also noted that the site plan needs to show more berms along Edmonson Avenue. Eric Hagen asked if the landscaping was going to incorporate more of the Planning Commission Minutes—October 5, 2021 "Oak Savanna" style landscape to better fit the proposed biome. Mark Welch said that at this point they are not far enough along to show the specifics of the Oak Savanna style landscape. Eric Hagen asked about the intent underneath the powerlines on site if that was planned to be reserved for stormwater. Mark Welch said that there will be a need for stormwater in that area of the site, due to some of the grading on site and where things slope. Welch also noted that the developer adds a significant piece of art on the sites he develops and noted that there is not subsidized housing in these apartments. The apartments are going to be market rate and they will be on the higher end of that market rate. Paul Konsor made the comment that tabling decision on this project is still an option for both parties to address the conditions that would be adopted if this was approved. Paul Konsor also noted that he believed, architecturally, the apartments do not fit the expected design of the southern part of Chelsea Commons. It was brought up to him that this complex would be something not normally seen in Monticello, but to him it is a normal apartment project. When looking at the design standards for this part of Chelsea Commons, the material and landscape should reinforce the themes of the area. While it should be more of a prairie style architecture theme, Konsor does not believe the site plan fits that theme. Mark Welch noted the change in roof structure and how that change was specifically made to try and work in more of the prairie style theme. He also mentioned the difficulty of keeping with the prairie style architecture with larger buildings. He emphasized that the stacked glass on the complexes is reflective of that prairie style look in bigger buildings. Angela Schumann noted that the developer and his team are making an effort to respond to the conditions described in the staff report and the designs of the buildings and materials to better fit the style is one of the conditions. The staff report specifically addresses an enhancement of building entrance points and gateways on to the site. Eric Hagen said that he admires what has been presented to the commission but would like to see the project finalized between the developer and staff so there is an agreed upon project presented. Andrew Tapper said the project looks good and acknowledges the difficulties in making a three-story building align with that prairie style architecture. Tapper also addressed the possibility of instead of the added brick or stone the exterior of the building, adding more natural wood to it. Shawn Weinand, the owner of the land this site is proposed, said that the apartments the developer has already built are some of the nicest buildings in the Twin Cities. He noted that this project is one of the nicest projects that he has assisted with bringing to the Planning Commission. He finished his statement emphasizing that the more pressure the commission puts on the developer, the more difficulty he is going to have completing projects in Planning Commission Minutes—October 5, 2021 Monticello. Paul Konsor closed the public hearing segment of this agenda item. Eric Hagen asked staff if there was any way to have a special session if conditions are met before the next scheduled planning commission meeting to approve this item. Angela Schumann said that special meetings are directed under the action of the commission. If this is something that the commission could see doing, the next step for this item would be to table decision and wait for those conditions to be met. To keep with the same schedule for review at the council level, the applicant would have about five days to address the concerns so the planning commission would have time to call a special meeting before council reports were completed. Mark Welch said that that timeline would be difficult to get everything ready. Charlotte Gabler asked about a special meeting the day of the city council meeting, if that were applicable so the timeline was relatively the same. Angela Schumann said that her hesitation would be from whether or not a special meeting for council would be needed that day. A lot of this timeline depends on what the applicant would be able to provide to staff on the week of the 11th Eric Hagen asked the commission if anyone was ready to move forward with the decision of the item. Paul Konsor said that he does not feel ready to approve the decision and recommended tabling the item. Eric Hagen asked the applicant what tabling the item would do to the development plan. Mark Welch said that there is no issue with tabling to the next planning commission meeting. Teri Lehner agreed with Paul Konsor about tabling the item until certain conditions are addressed and resolved. Eric Hagen asked staff if tabling decision would include tabling all three decisions regarding this item. Angel Schumann said that would be staff s recommendation to table all three. Andrew Tapper noted that he does not have the same reservations as the rest of the commission, but he is not going to argue any of the points already made because tabling the item has no effect on the project. Decision 1: Consideration of a Preliminary Plat for Monticello Business Center Eighth Addition. ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-038, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. Planning Commission Minutes—October 5, 2021 Decision 2: Consideration of a Rezoning to PUD, Planned Unit Development District. ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-039, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. Decision 3: Consideration of a Development Stage PUD ERIC HAGEN MOVED TO TABLE ACTION ON RESOLUTION NO. PC 2021-040, SUBJECT TO ADDITIONAL INFORMATION FROM THE APPLICANT AND/OR STAFF. PAUL KONSOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. E. Public Hearing — Consideration of request for a Corrective Amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries. Applicant: City of Monticello Angela Schumann provided an overview of the land use application request. While making improvements to an area of Chelsea Rd West, it was noted that an area that was described as Otter Creek was not a part of a shoreland defined creek, but rather a county ditch system. This corrective measure is to ensure the City only applies these certain criteria where it is necessary. Angela Schumann continued pointing out on a map where the adjustment will be made. She also noted that if the City is not changing the text of the shoreland ordinance, but rather correcting the map, certification is not required. Andrew Tapper asked which map was the original and which shows the amendment. Angela Schumann clarified. Paul Konsor opened the public hearing, hearing no comment, the public hearing was closed. PAUL KONSOR MOVED TO ADOPT RESOLUTION 2021-041 RECOMMENDING APPROVAL OF A CORRECTIVE AMENDMENT TO THE CITY OF MONTICELLO OFFICIAL ZONING MAP FOR SHORELAND OVERLAY DISTRICT BOUNDARIES. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. 3. Regular Agenda A. Consideration of Administrative Subdivision and Administrative Lot Combination for two parcels located in the Central Community District, General Sub -District. Applicant: Mosbart Properties, LLC Steve Grittman provided an overview of the land use application request. Staff's main concern is with the survey showing that the correction would not correct all the issues that applicant wants to address. Staff's recommendation is to approve Planning Commission Minutes—October 5, 2021 the subdivision with a redescription of the conveyed to include all the improvements while at the same time maintaining the setback. Andrew Tapper wanted to clarify that the southeast 22 feet described in the request should be closer to 28 or 29 feet. Steve Grittman confirmed. Paul Konsor asked for confirmation that the two parcels in discussion are not joining up as one parcel, but more so a section of the one parcel is being absorbed by the other parcel. Steve Grittman confirmed. Paul Konsor asked what the parcels are zoned as. Steve Grittman said they are both in the CCD, downtown mixed use. ANDREW TAPPER MOVED TO ADOPT RESOLUTION NO. PC 2021-042, RECOMMENDING APPROVAL OF THE SIMPLE SUBDIVISION AND CONCURRENT LOT COMBINATION, BASED ON FINDINGS IN SAID RESOLUTION, AND THE CONDITIONS OF APPROVAL AS REQUIRED IN THE ORDINANCE AND EXHIBIT Z. TERI LEHNR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. EXHIBIT Z SIMPLE SUBDIVISION AND LOT COMBINATION 213 THIRD STREET EAST (PID: 155-010-069020) 250 BROADWAY EAST (PID: 155-010-069080) 1. The submitted survey shall be expanded to include the legal description of the applicant's existing parcel and the existing funeral home parcel. 2. The parcel to be conveyed to the funeral home property shall be expanded in size such that the curb of the parking lot shall not be closer than six feet to any lot line (as measured from the lot line to the face of the curb). 3. The subdivision shall be processed and recorded concurrently with the subdivided portion's combination with the adjoining funeral home property. 4. In the event the County rejects the descriptions of the metes and bounds subdivision, the applicant shall re -apply and utilize a formal plat process. 5. Any future development on either parcel will be subject to required setbacks from the proposed property lines. 6. Compliance with the requirements of the City Engineer as identified. B. Consideration to appoint a Planning Commissioner to serve on the Chelsea Commons Professional Engineering, Park & Open Space Planning and Landscape Architecture Services proposal review team. Planning Commission Minutes—October 5, 2021 Angela Schumann addressed the commission and requested to amend the item to include two considerations. First, staff is looking for a planning commissioner to serve on the review team for incoming proposals for the professional engineering, park & open space planning and landscape architecture services for Chelsea Commons. The city Council approved requesting proposals that relate to the public spaces of the Chelsea Commons area. Commissioner Zimpfer has expressed interest in being a part of this process. Planning commission needed to appoint someone to represent on the RFP review team, and also a representative for the work group regarding zoning ordinances relating to the Chelsea Commons proj ect. Teri Lehner said that she would be happy to volunteer for wither position. Angela Schumann mentioned that it is a good idea to appoint alternates, in case certain times are unable to work for the person appointed. PAUL KONSOR MOVED TO APPOINT ALISON ZIMPFER TO SERVE ON THE PROPOSAL REVIEW TEAM. ANDREW TAPPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. TERI LEHNER MOVED TO APPOINT PAUL KONSOR TO SERVE ON THE ZONING WORK GROUP WITH TERI LEHNER SERVING AS THE ALTERNATE. ERIC HAGEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 4-0. C. Consideration of the Community Development Director's Report Angela Schumann provided the Community Development Director's Report in the agenda packet. 4. Added Items None S. Adjournment ERIC HAGEN MOVED TO ADJOURN THE REGULAR MEETING OF THE MONTICELLO PLANNING COMMISSION. SECONDED BY PAUL KONSOR, MOTION CARRIED UNANIMOUSLY 4-0, MEETING ADJOURNED AT 10:41 p.m. Recorder: Hayden Stensgard �&_ Approved: November 1, 202 Attest: Angela Skvdkanr , Community Development Director Planning Commission Minutes—October 5, 2021 City Council Agenda: 10/25/2021 4113. Consideration of a request for an Amendment to the Affordable Storage Planned Unit Development for proposed Portable Container Accessory Use. Applicant: Burnham, Keith Prepared by: Meeting Date: ® Regular Agenda Item Northwest Associated Consultants, 10/25/2021 ❑ Consent Agenda Item Community Development Director Reviewed by: Approved by: City Attorney, Chief Building Official City Administrator ALTERNATIVE ACTIONS Decision 1: Consideration of an amendment to a Planned Unit Development for Affordable Self -Storage to keep storage boxes on the site as outdoor storage. Planning Commission recommended denial of the proposed amendment for outdoor storage within the Affordable Self -Storage PUD. Motion to adopt Resolution 2021-85 denying a PUD Amendment for storage boxes on the Affordable Self -Storage site as outdoor storage based on findings in the stated Resolution for denial and requiring the removal of the containers no later than November 15, 2021. Decision 2: Amendment to Ordinance for Planned Unit Development for Affordable Self - Storage for correction of language in Section (8)(c). Planning Commission recommended approval of the proposed amendment for correction of language. Motion to adopt Ordinance No. 765 for PUD Amendment for the Affordable Self -Storage Planned Unit Development, based on findings in Resolution 2021-85, for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to stFial commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. REFERENCE AND BACKGROUND Property: Legal Description: Lot 11, Block 4, Groveland Addition PID: 155-125-004110 Planning Case Number: 2021-036 City Council Agenda: 10/25/2021 Request(s): Amendment to a Planned Unit Development to allow outdoor storage of rental storage containers Deadline for Decision: November 12, 2021 (60 -day deadline) January 11, 2022 (120 -day deadline) Land Use Designation: Community Commercial Zoning Designation: Affordable Self -Storage PUD District Overlays/Environmental Regulations Applicable: NA Current Site Uses: Self Storage Facility Surrounding Land Uses: North: RV Dealership East: Vacant Commercial (Zoned B-3) South: Single Family Residential West: RV Dealership Project Description: The applicant proposes to utilize a portion of the current self - storage property along the westerly boundary, as well at the ends of several of the self -storage buildings on the property to store a series of "storage boxes." These units are delivered to the property and rented to individuals which are then used to self - store goods. The applicant indicates that the request is for a total of 58 such storage boxes of varying sizes, between 7.5 by 7.5 feet and 8 by 20 feet. The applicant has suggested that the units will be empty, although that is not expressly stated in the application narrative. The applicant has indicated in the past that the boxes would sit on the ground, without stacking, although that clarification is not made in the current application. The applicant previously proposed an amendment to the Affordable Storage Planned Unit Development for the introduction of storage boxes on the site, which was considered by the Planning Commission in August of 2021. The application was withdrawn prior to Council consideration. 2 City Council Agenda: 10/25/2021 it is noted that several of these boxes have already been moved on to the site counter to the requirements of the original PUD approvals and are currently in violation of the Zoning Ordinance. ANALYSIS: Planned Unit Development (PUD) is a zoning technique that allows developers and the City to establish a set of development requirements which, while not meeting all the specific standards of a traditional zoning district, are designed to exceed the City's objectives for the zoning district that would otherwise apply. The City's land use objectives are described in the Comprehensive Plan, and typically address various performance standards as well as classes of land use. In this case, the applicable land use classification in the Comprehensive Plan is "Community Commercial", and the underlying zoning district that would apply if the PUD zoning were not in place would be B-3, Highway Business. One of the primary objectives of the Comprehensive Plan is the orderly development and use of land, consistent with consideration for other land uses in the neighborhood of the subject property. As shown on the map below, and noted above, the subject property is in an area of mixed commercial and residential uses, indeed abutting residential development on one side of the property. The Community Commercial designation is designed to be a "low -scale" retail area along major roadways that serve the community. When the original PUD was granted for the commercial self -storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. 3 City Council Agenda: 10/25/2021 In Monticello, outdoor storage of materials is a use that is specifically relegated to industrial districts. Such areas often create a significant amount of noise and other activity that is not compatible with neighboring "low -scale" uses, and particularly problematic for single-family residential areas, where outdoor activities rely on relative quiet and non -industrial activity on adjoining property. The applicant's narrative seeks to distinguish this use as "Open Sales" accessory use, as opposed to outdoor storage. However, "Open Sales" uses involve retail transactions where customers may visit the retail site, inspect the goods, pay for the materials, and transport them from the retailer. This type of transaction is distinguished from the current proposal in that the storage boxes are stored on the site, loaded, and delivered to off-site customers, all without the customer's ability to pick up and take any retail goods with them from the retail location. This is fundamentally not a retail activity, as would be implied by the "Open Sales" land use category. Further, the zoning ordinance definition for Outdoor Storage is directly applicable to the proposed use. That definition reads as follows: OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. Outdoor storage is prohibited in commercial districts and is specifically prohibited by the language of the Affordable Self -Storage PUD. The applicant's materials do not specify, but the process by which the storage boxes would be transferred to and from the site would be via truck and some manner of jack or crane, increasing the equipment activity and noise on the site. This activity is expected in an industrial area, but not in a commercial district, and especially not in proximity to a residential neighborhood. The proposed storage of these units on the property is therefore an industrial one, and incompatible with the proximity of the use to residential property. The narrative further notes that the original PUD district references accessory uses in the "Industrial" areas as potentially allowed uses in the Affordable Storage PUD District. While staff believes that the original reference is a typographical error— noting that outdoor storage was expressly not allowed in the district language — industrial use would be inappropriate in this location based on the impacts and discussion previously noted. As part of any amendment consideration, staff would request that the City amend the ordinance of the PUD to correct this language to "Commercial." Further, the City's fire department officials have noted concern with the storage of the proposed boxes on the site, which was not anticipated when the original plan was approved. 4 City Council Agenda: 10/25/2021 The locations restrict fire -fighting access to portions of the property, most significantly, to the west side of the line of stored boxes along the west boundary of the site. Moreover, the revised site plan shows a large area of snow storage in the southwest corner of the site that would make the fire hydrant in that location inaccessible. The Fire Marshal has requested an apparatus turning template be prepared to demonstrate maneuverability within the site with the unit locations as proposed. As noted in prior review, there is one self -storage site in Monticello that was granted an interim use permit for temporary storage boxes in the past. That site is the Storage Link facility at Dundas Road and Cedar Street. The City granted the IUP for this site as a temporary measure to accommodate expansion of the facility. There are at least three major aspects of this prior approval that differentiate it from the Affordable Storage request. First, the Storage Link facility abuts undeveloped commercial land. There is no residential in near proximity to the site. Moreover, the facility sits at the intersection of roads that serve exclusively commercial properties west, north and south, and industrial property to the east. Second, the Storage Link temporary storage boxes are utilized as an interim storage use, and have only limited, if any, trucking and active machinery at the site. As such, there is much less likelihood of noise disruption to surrounding land uses, particularly as the adjoining property was anticipated to be vacant for some time. Finally, as noted, the permit granted was an Interim Use Permit, acknowledging that the proposed storage units were temporary in nature. While no adjoining development was anticipated in the near term, removal of the temporary storage is required at the expiration of the IUP term and adjoining development (now a part of the Chelsea Commons planning area) would then develop without the impacts of temporary storage on that site. In summary, the proposed storage box business would introduce what is commonly considered to be an industrial activity to the Affordable Storage PUD site. As noted, PUD requires a finding that the proposed development meets and exceeds the City's land use goals in exchange for relaxation of certain zoning requirements. Introduction of an industrial use on property guided for "low -scale" commercial use, adjacent to a low-density single-family neighborhood would be counter to this requirement. PLANNING COMMISSION REVIEW AND RECOMMENDATION Planning Commission reviewed the request and held a public hearing on the item on October 1, 2021. Following an overview of the staff report, the Commission asked for clarifying information. The Commission noted that they understood the clerical need for the PUD ordinance correction but noted that because the PUD specifies the specific plans and conditions for the project, the 5 City Council Agenda: 10/25/2021 language would not seem to impact the available uses other than what might be sought through amendment. The Commission also inquired whether when a PUD is approved it should be "as good or better" than the underlying zoning. Staff confirmed that has been the applied standard. During the public hearing Tim Dolan, Decklan Group, addressed the Commission as the representative for the applicant. Mr. Dolan explained that the applicant had read the PUD ordinance and believed that the placement of the containers was consistent with the PUD ordinance. The containers have remained in place as the application continues through the process. He indicated that the clarification to the language in the PUD from "industrial" to "commercial" for accessory uses relates to the confusion by the applicant on what was allowed for the PUD. He indicated that the proposed correction is a substantive change to what was approved by the city and what was signed. However, Mr. Dolan stated that they would suggest that the containers are "open sales" rather than "outdoor storage" as they are for rent and for sale and do not object to the change. They do not believe that what they are asking is industrial in nature. Mr. Dolan noted that the primary changes to the prior application are to the height and location of the containers, along with the request to recognize the use as open sales. He stated that the Community Commercial land use designation would allow gas stations and auto repair. He indicated that those uses would be higher intensity than what is proposed. He also noted the strong presence of outdoor storage and outdoor sales and display already existing along Chelsea Road. Mr. Dolan stated they would be willing to adjust the plans based on the direction of the Commission, including location, screening, turning movements and hours of operation. He would request tabling if Commission would provide that direction. The Commission asked if the applicant was aware of the clause prohibiting outdoor storage within the PUD ordinance. Mr. Dolan indicated that was accurate, but that the use is open sales and display. Mr. Dolan confirmed that the boxes are for both rent and sale. It was noted that "open sale" is an allowable accessory use in the underlying B-3 District, subject to the conditions in the code. There was discussion regarding whether a conditional use permit would be required as "open sales" is listed as a conditional accessory use in the B-3 (Highway Business) District. There was also significant discussion regarding the definitions of "open sales" and "outdoor storage". Mr. Dolan stated that the sales language is the functional language for this proposed use. Staff clarified that their position is that based on the way the Affordable Self -Storage PUD ordinance is written, a CUP would not be required. Rather, the amendment to the PUD for the proposed use is required. Staff's position is that the intent of the PUD was that there would not 0 City Council Agenda: 10/25/2021 be materials stored outside the buildings. Commission reiterated that although the "open sales" use is allowed as an accessory in the B-3 District, it was not written specifically into the PUD. Staff noted that the PUD language indicates that accessory uses shall be identified on final stage PUD plans, and further cited that the PUD language states that amendments to the PUD are necessary when changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage. Mr. Dolan noted that applicant was also willing to accept an interim use permit under the PUD for the proposed use. Staff confirmed that would be an option under the current PUD amendment process. Shawn Weinand, 4065 Chelsea Road West, addressed the Commission. Mr. Weinand commented that the City has in the past specified requirements for building sizes when considering outdoor sales and display. He stated that the PUD was clear in not allowing outdoor storage within the PUD. No other public was present to address the Commission on the request. Commission suggested that other than the interpretation of the use, the current application was like the prior application, which was recommended for denial by the Commission. The Commission also indicated that consistency with the original PUD and its intent is important to the decision. The Commission unanimously recommended denial of the amendment to Planned Unit Development for the storage of the proposed containers, recommending a removal date of November 15, 2021. The Commission recommended approval of the amendment to the ordinance for PUD for correction of language in Section (8)(c). STAFF RECOMMENDED ACTION For Decision 1, Staff recommends denial of the PUD Amendment. As noted in this report, the addition of outdoor storage, and the nature of the storage in question which would entail heavy equipment and truck operations to support it, would be inconsistent with the intent of the land use direction specified by the Comprehensive Plan, and incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south of the subject property. Staff would ask the City Council to specify a removal date within their motion. Planning Commission recommended a removal date of November 15, 2021. Per ordinance, staff typically allows up to 30 days for correction of a code violation. 7 City Council Agenda: 10/25/2021 For Decision 2, Staff recommends approval of the amendment correcting the prior error in the adopted ordinance for the Affordable Storage PUD consistent with the intent of the original approved plans. SUPPORTING DATA A. City Council Resolution 2021-085 B. Planning Commission Resolution PC -2021-037 (Recommendation for Denial) C. Proposed PUD Ordinance Amendment D. Aerial Site Image E. Applicant Narrative F. Proposed Site Plan and Detail G. Affordable Self -Storage PUD Ordinance H. Ordinance Excerpts I. Monticello 2040 Vision + Plan, Excerpts Z. Conditions of Approval EXHIBIT Z Lot 11, Block 4, Groveland Addition Affordable Storage PUD Amendment 1. If City Council motions to approve the amendment to PUD to allow the proposed storage units, staff recommends that Council provide a list of conditions applicable to the proposed use on the site. 0 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 DENYING AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND APPROVING A MODIFICATION TO THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned Affordable Storage PUD, Planned Unit Development, and is subject to a previously approved Affordable Storage Planned Unit Development District ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the industrial nature of the proposed uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial" and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, the City's land use category, and attendant conditions, of Open Sales as an accessory use specifically applies to those districts that include this use, which the Affordable Storage Planned Unit Development District specifically does not include; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 WHEREAS, a required condition of Open Sales, if allowed, is screening of said use from both residential property and public rights of way, with which the proposed plan will not comply; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 5th, 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, and recommends denial of the proposed amendment as to outdoor use, but approval of the amendment as to deletion of the references to "industrial' uses; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: 1. The proposed uses are industrial in nature, inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District, which is to provide commercial self -storage use to customers in an area of mixed commercial and residential land uses. 2. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area due to increased outdoor visual and noise impacts that are otherwise disallowed uses in the area. 3. The existing Affordable Storage Planned Unit Development District requires amendment only to delete inappropriate references to industrial uses which imply uses that are incompatible with the area and the direction of the Comprehensive Plan. 4. The negative impacts of the amendments through the addition of the outdoor use and activity exceed those anticipated by the existing and future land uses and cannot be addressed through standard review and ordinances as adopted. 5. The planned amendments do not meet the intent and requirements of the applicable zoning regulations, which under commercial zoning requirements would prohibit the uses as proposed. 6. The planned amendments are inconsistent with the directions of the Comprehensive Plan, which call for low -scale commercial uses. 7. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD, and to restore consistency, must be removed from the site no later than November 15th, 2021. 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2021-85 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the City Council hereby accepts the recommendation of the Monticello Planning Commission and adopts this resolution of approval of an amendment to the Affordable Storage Planned Unit Development District by removing references to "industrial" use, and denial for the proposed Planned Unit Development Amendment for Affordable Storage to establish outdoor storage uses, based on the findings and other factors identified herein. ADOPTED this 25th day of October, 2021 by the City Council of the City of Monticello, Minnesota. ATTEST: Jennifer Schreiber, City Clerk MONTICELLO CITY COUNCIL 3 Lloyd Hilgart, Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 RECOMMENDING DENIAL OF AN AMENDMENT TO THE AFFORDABLE STORAGE PLANNED UNIT DEVELOPMENT REVISING THE SITE USES IN THE AFFORDABLE STORAGE PUD ZONING DISTRICT, AND AMENDING FOR CORRECTION THE LANGUAGE OF SAID DISTRICT TO REMOVE REFERENCES TO INDUSTRIAL ACCESSORY USES WHEREAS, the applicant has submitted a request to revise certain aspects of an existing self -storage project, including the addition of outdoor storage and handling of individual "storage boxes"; and WHEREAS, the site is zoned PUD, Planned Unit Development, and is subject to a previously approved Planned Unit Development ordinance; and WHEREAS, the proposed use and development are inconsistent with the Comprehensive Land Use Plan designation of "Community Commercial" for the area; and WHEREAS, the proposed amendment would create impacts that are incompatible with the adjoining single family residential neighborhood, including noise, truck and machinery operations, and other effects; and WHEREAS, the applicant has provided updated materials describing the changes, which are associated with industrial uses in Monticello's land use regulations; and WHEREAS, the uses are inconsistent with the intent and purpose of the underlying zoning district, which is "Community Commercial", and anticipates only "low -scale" commercial activities; and WHEREAS, the uses will create unanticipated changes to the demand for public services on or around the site; and WHEREAS, the storage proposed meets the Zoning Ordinance definition of "Outdoor Storage", an industrial use; and WHEREAS, references in the current language of the Affordable Storage PUD District to industrial accessory uses require amendment to delete said references and clarify the prohibition of such uses; and WHEREAS, the Planning Commission held a public hearing on October 5t", 2021 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2021-037 WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of denial: 1. The proposed uses are inconsistent with the intent and purpose of the Affordable Storage PUD Zoning District. 2. The proposed uses are inconsistent with the existing and future land uses in the area in which they are located, including both the adjoining commercial uses as well as the adjoining single family residential area. 3. The impacts of the improvements exceed those anticipated by the existing and future land uses and cannot addressed through standard review and ordinances as adopted. 4. The planned amendments do not meet the intent and requirements of the applicable zoning regulations. 5. The existing storage uses related to this request for amendment are not consistent with the terms of the approved PUD and must be removed from the site no later than 1d1-( If J1" , 2021. NOW, THEREFORE, BE /T RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council denies the Planned Unit Development Amendment for Affordable Storage and amend the language of the Affordable Self -storage District to remove references to Industrial accessory uses. ADOPTED this 5th day of October, 2021 by the Planning Commission of the City of Monticello, Minnesota. MONT�CELt ANNING COMMISSION By: Pau onsor, Chair ATTEST: Angela Schumaoo, Col`nrl unity Development Director 2 ORDINANCE NO. 765 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, AFFORDABLE SELF -STORAGE PUD, PLANNED UNIT DEVELOPMENT: THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 3.8 — Planned Unit Developments, Title 10 — Zoning Ordinance is hereby amended as follows: (8) Affordable Self -Storage PUD District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industfial commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 25th day of October, 2021. ATTEST: Lloyd Hilgart, Mayor 1 ORDINANCE NO. 765 Jennifer Schreiber, City Clerk AYES: NAYS: O A D L O V) W V/V L 0 r) D 0- O +-+ E W E Q E L M� W N O O L (A c -I LnC"I 0 Q N r -I Ln Lf) 7i C) d c O C Co v O L U O co r -61O _! N Cl) U � J Z J N W c O W cI W 0_ X U ix o m ~ Z O Y a 2 IA V) a o' Y O w O r-+ m J o NZ W o Q Z U r1 H O O 0 w w 41 L C � o: a u O d N d N 00 co O J W V Z O 2 W O} F- V r1 0 c-� v41 IZT 0 Y V O m r-4 r1 O C O �i u Q) 0 x O CO KB Properties PUD Amendment and Corresponding CUP Affordable Storage provides public self storage, with multiple locations in MN. The company has invested nearly $4MM in its 6.28 acre Monticello location and has provided a much needed service to the community. In addition to providing an in -demand service for local residents, Affordable Storage also contributes over $62,000 in annual property taxes, while placing very little demand on municipal services. In September of 2017, the City Council approved a PUD for Affordable Storage, located at 10111 Innsbrook Drive, and recently approved an amendment related to screening on this property (October 2020). Affordable Storage is proposing Accessory Use activities identified as "Open Sales" in the MZO within their current PUD. Subsection C of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance (MZO) outlines the permitting of an Accessory Use as follows: (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. "Open Sales" is defined on Page 495 of the MZO as follows: OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. As the display, leasing and sale of a "Portable Container" (Defined in MZO Page 499) is not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking, the proposed use being defined as "Open Sales" is accurate. "Open Sales" is identified as an allowed Accessory Use, with a Conditional Use Permit (CUP), in the underlying B3 Zoning District, as well as the 11 Zoning District as outlined in Table 5-4 on Page 415 of the MZO. Subsection E of the Affordable Self -Storage PUD District in the Monticello Zoning Ordinance goes on to establish the method for amending the existing PUD for this Accessory Use CUP as follows: (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (O,)(10. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. Therefore, Affordable Storage, in accordance with the MZO, is applying for an Amendment to its existing PUD to grant a CUP for "Open Sales" as an Accessory Use. Affordable Storage is asking to be granted a PUD Amendment and CUP to allow for the utilization of 5,687 sq ft of at -grade space for the purpose of selling and renting merchandise and for the storing of the same prior to sale. This represents less than 7.5% of the current building space on site and 2% of the total land area of the parcel. This puts the request well within the Accessory Use guidelines as written in the MZO. The proposed locations for displaying varying size portable containers are outlined in the attached site -plan. This plan allows the maintaining of adequate site -circulation, fire access and snow removal. The area utilized for "Open Sales" will be neatly organized and screened from public view at a much higher standard than similar uses in the immediate area. There will be no assembly or manufacturing on site. All portable containers will be assembled off-site prior to being brought to the location to be displayed for the purpose of selling and/or renting. Although this accessory use will not substantially increase the amount of traffic, or noise at the site, Affordable Storage is willing to limit the hours for placement and replacement of the portable containers to Monday through Friday, between the hours of 10 a.m. and 4 p.m. Affordable Storage currently operates at 98% capacity for it's fixed location self -storage products indicating there is still substantial market demand for this use in the community. The addition of this Accessory Use will allow the company to not only serve more community members, but also serve them in a more convenient and affordable manner, capturing a growing trend in its industry. The proposed use has little to no measurable impacts on adjacent land owners, the general public right-of-way, or local infrastructure. There will be no changes to lighting, signage, garbage, or any other elements of the property. There will be no changes to the amount of impervious surface, or drainage on the site. Affordable Storage feels that this is an ideally suited location for this use and the request is in harmony with the area as well as the spirit of its original PUD. ir SNOW STORAGE AREA = 6,055 SF h'f A 20x81 2px8, 20X8, 1018, 2018 20 r8, 20X8 10,8 co o� 4 EA - 15'X8' p / STORAGE CONTAINERS i �\BGG SNOW STORAGE AREA = 5,330 SF \ SNOW STORAGE S�\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINERS a. \\� 2 EA - 15'X8' QJ 1 STORAGE CONTAINERS 3 EA - 8'X8' o,/ G STORAGE CONTAINERS V\�O 2 EA5' 8' 1� STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 3 EA - 7.5'X7.5' STORAGE CONTAINERS 1 EA - 20'X8' STORAGE CONTAINER �0- �\BGG 4 EA - 7.5'X7.5' STORAGE CONTAINER �Q o, 4 EA - 7.5'X7.5' STORAGE CONTAINERS •i4 4 EA - 7.5'X7.5' / STORAGE CONTAINERS\Cj 4 EA - 7.5'X7.5' STORAGE CONTAINERS / SNOW STORAGE AREA = 15,525 SF / d d SNOW STORAGE AREA = 14,650 SF EpE EOF r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: la � • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA � SF al 76,144 SF PERVIOUS AREA r X 0 30' SCALE: 1" = 30' LEGEND: 15'X8' PROPOSED STORAGE CONTAINER (SIZE OF UNIT INDICATED ON PLAN) SNOW STORAGE AREA SITE PLAN NOTES: 1. PROPOSED STORAGE POD CONTAINERS SHALL BE LOCATED ON EXISTING IMPERVIOUS SURFACE IN LOCATIONS SHOWN ON THE PLAN. 2. SNOW SHALL BE STORED IN LOCATIONS INDICATED ON PLAN. SITE PLAN INFORMATION: PARCEL AREA: AREA (SF) BUILDING 1 • 6.28 ACRES ± AREA (SF) N0. OF CONTAINERS SITE DATA EXISTING / PROPOSED PAVEMENT AREA 121,956 SF BUILDING AREA 76,144 SF PERVIOUS AREA 75,316 SF TOTAL AREA 273,416 SF PROPOSED STORAGE CONTAINERS AREA (SF) BUILDING 1 CONTAINER SIZE AREA (SF) N0. OF CONTAINERS TOTAL AREA (SF) OF STORAGE 20'X 8' 160 17 2,720 15'X 8' 120 10 1,200 8'X 8' 64 3 192 7.5'X 7.5' 56 281 1,575 5,130 TOTAL AREA OF CONTAINERS 5,687 EXISTING BUILDINGS AREA (SF) BUILDING 1 3,364 BUILDING 2 4,530 BUILDING 3 5,130 BUILDING 4 4,530 BUILDING 5 5,130 BUILDING 6 4,530 BUILDING 7 5,130 BUILDING 8 4,230 BUILDING 9 5,130 BUILDING 10 3,930 BUILDING 11 5,130 BUILDING 12 3,930 BUILDING 13 5,130 BUILDING 14 3,030 BUILDING 15 5,130 BUILDING 16 5,130 BUILDING 17 3,030 TOTAL 76,144 STORAGE CONTAINER: z O D_ U U7 w 0 uO MI* 0 v 10� Z N 0 U 0 U 0 U 0 v N oW WV_ W p O li QW 9 U. .. N WN m m m 0w Qcow UJ ZH LD z Y O Q W C2 CD Lu D D D U D IL Z MI* 0 v 10� Z wN Zm W (n Y C oW WV_ W S2 umj -c li QW 9 U. .. C7W WN �WUJ ~0�0 y� Qcow UJ ZH m yN r1� ♦^ mzz XT LL v Oaj°C WWO 0 Z5 z JVW o - OJ c) LL, W a A U Lu z z LU J Q o Q U z u r QC Q O = LL U C Q Lu J Ln O 0- J W DC O W 0oU Lu c) p~L/)z Z I= 0 0 2 0 ILL ILL LL G 0 LL m O Q U F-- U SHEET N0. CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (b) Permitted Uses. Permitted principal uses in the Autumn Ridge PUD District shall be single family residential uses as found in the "T -N", Traditional Neighborhood Zoning District, subject to the approved Final Stage Development Plans and development agreement dated September 11th, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the T -N District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses as allowed in the T -N District, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the T -N, Traditional Neighborhood District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (8) Affordable Self -Storage PUD District (a) Purpose. The purpose of the Affordable Self -Storage PUD District is to provide for the development of certain real estate subject to the District for commercial land uses. (b) Permitted Uses. Permitted principal uses in the Affordable Self -Storage PUD District shall be self -storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 11, 2017 and development agreement dated September I Vh, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. Page 222 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.8 Planned Unit Development Districts Subsection Q) Special Use Overlay District (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD Plans, but shall not include outdoor storage or other activities. (d) District Performance Standards. Performance standards for the development in the Affordable Self -Storage PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, Section 2.4 (0)(10). The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (9) Rivertown Suites PUD District (a) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the development of certain real estate subject to the District for multiple family residential land uses. (b) Permitted Uses. Permitted principal uses in the Rivertown Suites PUD District shall be multiple family residential uses as found in the R-4, Medium - High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23, 2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, Chapter 2, Section (0) — Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium -High Density Residential District shall apply. City of Monticello Zoning Ordinance Page 223 CHAPTER 5: USE STANDARDS Section S.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses (3) Table of Permitted Accessory Uses and Structures Page 414 City of Monticello Zoning Ordinance Accessory Building — P P P P P P P P P P P P P P P P minor ( 5.3 D1( 1 I Accessory Building — P P P P P P P C P P P P P P P Pmajor 5.3 D 2 Adult Use — accessory LP] C 5.3 Q 3 Agricultural Buildings 5.3 LQJ 4 Air Conditioning Units P I P P P P P P P P P P P P P P P Automated Teller Machines (ATMs) P P P P P P P P S. 3(D)(51 Automobile Repair — C Major 5.3(D Automobile Repair — Minor C C 5.3 UD 7 Boarder(s) P P p 5.3 UD 8 Bulk Fuel Sales/Storage P P P C ICI C 5.3 D 9 Cocktail Room (Retail Sales Accessory to Micro- C C C C C C Distillery) 5.3(D�(10) Co -located Wireless Telecommunications C C C C C C C C C C C C C C C C Antennae 4.13(E) Columbarium (Accessory P P P P P P P use to Cemeteries) 5.3"D "11 Commercial Canopies P P P P P P P P 5.3(D 12) Commercial Transmission/ Reception Antennae/ C C C C C C Structures 4.13(D) Donation Drop-off P P Containers 5.3 LD13 Drive -Through Services P P P C P P P 5.3 Q114 Entertainment/ Recreation C C C C 14 5.3 D 15 — Outdoor Commercial Fences or Walls p p p p p p p p p p p p p p p P 4.3 Greenhouse/Conservatory p p p p p p p P P P P P P P P P 5.3 D 16 non-commercial Heliports C C C C C 5.3 D 17 Home Occupations P P P P P P P p p P 5.3 D 18 Indoor Food / p p p p p p p p 5.3 D 19 Convenience Sales Page 414 City of Monticello Zoning Ordinance CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (C) Table of Permitted Accessory Uses City of Monticello Zoning Ordinance Page 415 ' . - -. Indoor Storage P P P P p P 5.3 D 20 Incidental Light p p p p P 5.3(D)(21) Manufacturing Machinery/Trucking :�iEc 5.3(D)(22) Repair & Sales Office P P P P P P none Off-street Loading p p C P P P P P P P 4.9 Space Off-street Parking P P P P P P P P P P P P P P P P 4.8 Open Sales P h C C C 5.3(D(23) Operation and storage of agricultural P 5.3(D)(24) vehicles, equipment, and machinery Outdoor Seating — Accessory to restaurant, bar, production brewery with P\C P\C P\C P\C 5.3(D)(25) taproom, microdistillery with cocktail room, and/or brewpubs Outdoor Sidewalk Sales & Display P P P P P P P P 5.3(D)(26) (businesses) Residential 5.3(D)(27)(a) Outdoor Storage P P P P P P P P P P Industrial 5.3 D 27 b Park Facility Buildings & P P P P P P P P P P P P P P P P 5.3(D)(28) Structures (public) Private Amateur 4.13(6) Radio P P P P P P P P P P P P P P P P Private Receiving Antennae and P P P P P P P P P P P P p p p p 4.13(C) Antenna Support Structures City of Monticello Zoning Ordinance Page 415 CHAPTER 5: USE STANDARDS Section 5.3 Accessory Use Standards Subsection (D) Additional Specific Standards for Certain Accessory Uses (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance Retail Sales of Goods (as P P P P P P C C 5.3(D)(29) part of an office or industrial use Shelters (Storm or P P P P P P P P P P P P P P P P 5.3(D)(30) Fallout Sign(s) P P P P P P P P P P P P P P P P 5.3 D31 Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(32) Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(33) Taproom (Retail Sales C C C C C C 5.3(D)(34) Accessory to Production Brewer Large Trash Handling and P P P P P P P P P P P P 5.3(D)(35) Recycling Collection Area Wind Energy Conversion C CC 7 C C 5.3(D)(36) System, Commercial Wind Energy Conversion C C C C C C C C C C C C C C C C 5.3(D)(37) System, Non-commercial Wireless Telecommunications Support Structures C C C C C C C 4.3"E 4.3(Fl (D) Additional Specific Standards for Certain Accessory Uses (1) Accessory Building — Minor (a) Minor accessory buildings do not require a building permit, but shall comply with all applicable zoning regulations. (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (2) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (i) Size Page 416 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots or on the effective date of any amendment of this Ordinance, that does not comply with the use regulations of this Ordinance or the amendment. NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services and custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics, sanitariums, or similar institutions. OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. OFFICE USE: An establishment primarily engaged in providing professional, financial, administrative, clerical, and similar services. OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate one (1) truck of the type typically used in the particular business. OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or visibility. An object that is 100% opaque is impenetrable by light. OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and/or renting merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of goods and/or materials that are not specifically addressed as Outdoor Storage, Sidewalk Sales & Display, or Off -Street Vehicle Parking. OPEN SPACE: An area on a lot not occupied by any structure or impervious surface. OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space. City of Monticello Zoning Ordinance Page 495 CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (B) Lots ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters which may include wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. OUTDOOR STORAGE: The keeping, in an un -roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. OUTPATIENT CARE: Medical examination or service available to the public in a hospital. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital. OWNER: The person or entity with a legal or equitable interest in the land on which the construction activities will occur. PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a building. PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails, sidewalks, and other similar features. PARK FACILITY, PASSIVE: A park or recreational facility that does not include the construction of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may include benches, picnic areas, trails and sidewalks. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced, for a period of less than twenty-four (24) hours. PARKING BAY: The parking module consisting of one or two rows of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces. PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and to soften the overall visual impact of a large parking area from adjacent properties. Page 496 City of Monticello Zoning Ordinance CHAPTER 8: RULES & DEFINITIONS Section 8.4 Definitions Subsection (8) Lots RIVER, TRIBUTARY: Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river. ROOF: The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOT ZONE: The area inside the dripline of a tree that contains its roots. SCHOOL, Pre -K-12: A public or private school offering general, technical, or alternative instruction at the elementary, middle, or high school level that operates in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only in middle or high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post- secondary education or a public or private school offering vocational or trade instruction to students. Such educational institutions operate in buildings or structures on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving the site. SELF -STORAGE FACILITY: A building or group of buildings that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential or commercial customer's goods or wares. SEDIMENT: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level. City of Monticello Zoning Ordinance Page 501 FUTURE LAND USE MAP COMMERCIAL DESIGNATIONS There are four commercial and mixed land use designations as follows: Community Commercial A Community Commercial designation applies to existing commercial uses along State Highway 25, School Boulevard and Chelsea Road, as well as other small pockets of Monticello that include existing shopping centers, retailers and entertainment uses. The intent of Community Commercial is to provide locations for everyday retail goods and services generally oriented to a city-wide basis. Regional Commercial A Regional Commercial designation applies to areas targeted for uses that serve the traveling public and larger retail uses and commercial development intended for a regional market. This designation is generally applied to various areas along the Interstate 94 corridor with high visibility. The development character of the regional commercial development will continue to be auto -oriented, large format commercial uses such as `big -box' uses and other uses that require a large parking area. Looking to the future, opportunities for connectivity and design linkages between such development and nearby uses and neighborhoods will be emphasized. Downtown Mixed -Use The Downtown Mixed -Use category identifies and designates the downtown area as a primary development focus for downtown intended to improve, revitalize and redevelop Downtown Monticello as envisioned in the 2017 Downtown Small Area Plan. The goal is to transform downtown into a thriving commercial area with new mixed-use, specialty retail and restaurant uses with enhanced streetscape and pedestrian amenities. Entertainment uses, co -working spaces, boutiques and cafes are also envisioned. New downtown development should also embrace and be oriented towards the river whenever possible. Commercial/Residential Flex The Commercial/Residential Flex designation encourages the mix of flexible and compatible development of commercial, office, retail and residential uses in limited areas of the city on the same or adjacent properties. The purpose of this designation is to give the city and property owners flexibility for future land use based on market demand. The Commercial/Residential Flex designation is applied to a few of the remaining large vacant parcels in the City including the parcels located south of Chelsea Road and north of School Boulevard and centered along Dundas Road. This designation is also applied to parcels located between Interstate 94 and 7th Street West. These properties may be developed as commercial, residential, or mixed land uses under the city's PUD zoning, subject to review and approval of the City. TABLE 3.3.- FUTURE LAND USE COMMERCIAL ACREAGES Land Use CategoriesAcreage Community Commercial 125 Regional Commercial 433 Downtown Mixed -Use 48 Commercial and Residential Flex 174 Source: Monticello Downtown Small Area Plan (2017) 60 (« LAND USE, GROWTH AND ORDERLY ANNEXATION COMMUNITY COMMERCIAL (CC) The Community Commercial designation includes low -scale retail, service, and office uses located along the City's arterials and collector streets. Some of these areas are developed as auto -oriented "strip" shopping centers while others are freestanding offices, commercial uses, or clusters of businesses intended to meet the needs of the community at large. Typical retail uses would include supermarkets, drug stores and miscellaneous local -serving retail stores and services. Typical office commercial uses might include banks, finance, real estate, medical and dental offices, and professional services. Typical service commercial uses might include gas stations, restaurants including fastfood, used car sales, and minor auto repair businesses. MONTICELLO 2040 VISION + PLAN Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District Primary Mode Vehicular with access to collectors and arterials Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.30 to 0.50 • Height - 1-2 stories • Lot Area - N/A DEVELOPMENT O' 2018 Correlating J Zoning District B-2 Limited Business District B-3 Highway Business District REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 25, 2021— 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Bill Fair, Charlotte Gabler, and Sam Murdoff Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. Mayor Hilgart noted that Councilmember Bill Fair was sworn in prior to the special meeting. B. Manufacturer's Week Proclamation C. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Murdoff seconded the motion. Motion carried unanimously. D. Approval of Meeting Minutes • Special Meeting Minutes from October 11, 2021 • Regular Meeting Minutes from October 11, 2021 Councilmember Murdoff moved approval of both sets of minutes. Councilmember Gabler seconded the motion. Motion carried unanimously. E. Citizen Comments Clarence McCarty, downtown business owner, commented on the downtown dumpster enclosure located on Block 35. The enclosure is being left unlocked and open for non-paying people to empty their garbage. He requested that the City notify participating business owners to make sure they lock it and look at providing better security. Staff will review the enclosures for any updates that can be made. F. Public Service Announcements • Downtown Trick -or -Treat is Thursday, October 28 from 4 — 6 p.m. G. Council Liaison Updates • EDA — Councilmember Davidson stated that the EDA approved the preparation of a wetland delineation and plans and specifications for grading and stormwater improvements for a portion of City/EDA property at Otter Creek Business Park. • 1-94 Coalition — Councilmember Gabler noted that there was a zoom meeting regarding grants. 2. Consent Agenda: Councilmember Fair moved approval of the Consent Agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $807,957.57. B. Consideration of approving new hires and departures for city departments. Action taken: Approved the hires for Parks and MCC and departures for MCC.. Parks, and DMV. C. Consideration of approving the sale/disposal of surplus city property for the Street Department. Action taken: No report this cycle. D. Consideration of approving an application for a temporary charitable gambling permit for a raffle to be conducted by the Monticello Chamber of Commerce for their annual banquet on December 3, 2021. Action taken: Application was approved. E. Consideration of adopting Resolution 2021-81 supporting the Wright County Local Option Sales Tax. Action taken: Resolutions 2021-81 was adopted. F. Consideration of approving annual Snowplowing and Ice removal Policy for the 2021-2022 snow season. Action taken: Approved the policy. G. Consideration of approving "The Pointes at Cedar" as the final name for the "Chelsea Commons" planning area and authorizing the corresponding correction of documents. Action taken: Approved `The Pointes at Cedar' as the final name. H. Consideration approving an Administrative Subdivision and Administrative Lot Combination for two parcels located in the Central Community District, General Sub -District and approving a Waiver of Application Fee & Escrow. Applicant: Mosbart Properties, LLC. Action taken: Approved the Administrative Subdivision and Administrative Lot Combination based on findings in Resolution PC -2021-042 and the conditions of approval as required in the ordinance and Exhibit Z and approved the Waiver of Application Fee & Escrow based on the finding that the encroaching condition and non -conformity was created by the City of Monticello as the prior owner. I. Consideration of approving a Corrective Amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries. Applicant: City of Monticello. Action taken: Adopted Ordinance 764 approving a corrective amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries, based on findings to be made by the City Council. 3. Public Hearings: A. PUBLIC HEARING: Consideration of adopting Resolution 2021-82 approving an assessment roll for delinquent miscellaneous accounts to be certified to the County Auditor for 2022 payable tax year Jennifer Schreiber, City Clerk, presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Murdoff moved to adopt Resolution 2021-82 approving the assessment roll for delinquent miscellaneous accounts. Councilmember Davidson seconded the motion. Motion carried unanimously. B. PUBLIC HEARING: Consideration of adopting Resolution 2021-83 approving an assessment roll for delinquent utility accounts to be certified to the County Auditor for the 2022 payable tax year Jennifer Schreiber presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Fair moved to adopt Resolution 2021-83 approving an assessment roll for delinquent utility accounts. Councilmember Murdoff seconded the motion. Motion carried unanimously. 4. Regular Agenda: A. Consideration of an Appeal to Denial of Variance to Accessory Structure square footage maximum of 1,500 square feet and Consideration of approving a Conditional Use Permit for Accessory Structure exceeding 1,200 square feet for an existing single family residential use in the Central Community District, General Sub -District. Applicant: Clarence McCarty Steve Grittman, NAC, provided an overview of the request for appeal by the applicant. There was discussion among City Councilmembers. Mayor Hilgart commented that he did not believe approving the variance would set a precedent. He noted that in this situation, the applicant has a unique existing detached accessory structure and is seeking to add an attached garage to the home, which is different from the more common request of an existing attached garage and request for large, detached accessory structure. Councilmember Fair concurred. To allow the proposed two -stall garage addition, staff's proposal was that part of the barn would need to be removed because the total square footage of accessory garage space exceeds what is allowed by ordinance. Clarence McCarty, the applicant, addressed the City Council. He noted that the barn was there before the City was platted. The current house was built in 1926. He noted that it would not be feasible to remove a portion of the barn. Due to the uniqueness of the property, he requested that City Council reverse the decision by the Planning Commission denying the variance. Councilmember Fair moved to approve the variance from the maximum total garage space on a single-family parcel based on the uniqueness of the property, such as lot, age of structures, location in downtown area, and existing barn/garage structure preceded the house. Councilmember Murdoff seconded the motion. Motion carried unanimously. Mayor Hilgart moved to adopt the Conditional Use Permit as recommended by the Planning Commission, based on findings in Resolution PC -2021-035, and the conditions of approval as required in the ordinance and in Exhibit Z, excluding #2 and 3. Councilmember Davidson seconded the motion. Motion carried unanimously. B. Consideration of an amendment to the Affordable Storage Planned unit Development for Proposed Container Accessory Use. Applicant: Keith Burnham Steve Grittman, NAC, presented the item and noted that the Planning Commission unanimously recommended denial of the amendment. Staff also recommended denial of the amendment as the operation would be inconsistent with the intent of the land use specified by the Comprehensive Plan and, in addition, it is incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south. It was also noted by staff that there should be a recommended removal date of November 15, 2021. When the original PUD was granted for commercial self - storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. Outdoor storage of materials is a use that is specifically relegated to industrial districts. Tim Dolan, Decklan Group on behalf of the applicant, addressed the City Council. Mr. Dolan explained that the applicant had read the PUD ordinance and believed the placement of containers was consistent with the ordinance. He also noted that the primary changes to the application are to the height and location of the containers. Mr. Dolan requested that they Council grant the amendment for a short-term use, up to 48 months. There was discussion among City Council. Councilmember Gabler commented that she would support the use for up to 48 months, with a review at 12 months. Councilmember Davidson agreed with 12 months because, in 12 months, Affordable Storage would have enough data on whether the use serves a purpose and would be able to build a structure. Councilmember Fair noted that he appreciated the investment the company has mode, but he would not support anything more than 12 months, as the City needs to consider the adjoining properties. Mayor Hilgart does not support the use, as it will set a precedent for facilities that have detached buildings such as those proposed. Councilmember Davidson added that this use would have never been allowed in the original PUD. Councilmember Murdoff commented that the City should allow based on the current business model originally allowed, with is storage. Staff's position is that the intent of the PUD was that there would not be materials stored outside the buildings. Councilmember Fair moved to affirm Planning Commission's denial of the request and require the removal of containers by November 15, 2021. Councilmember Davidson seconded the motion. Steve Grittman noted that there is a Council resolution in the packet, as proposed by staff, affirming the denial and listing the findings of fact for denial. Councilmembers Fair/Davidson had friendly amendment to motion to adopt Resolution 2021-85 denying a PUD Amendment for storage boxes on the Affordable Self -Storage site as outdoor storage based on findings in the stated resolution for denial and requiring the removal of the containers no later than November 15, 2021. Motion carried 3-2; Councilmembers Gabler and Murdoff voted against as they supported an interim use permit. Councilmember Gabler moved to adopt Ordinance 765 for PUD Amendment for the Affordable Storage Planned Unit Development, based on findings in Resolution 2021-85 for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to " commercial uses, and as specifically identified by the approved final stage PUD plans but shall not include outdoor storage or other activities. Councilmember Fair seconded the motion. Motion carried unanimously. C. Consideration of authorizing the purchase of a replacement fire engine for $20,000 from the City of Clearwater Rachel Leonard, City Administrator, provided an update on the purchase. The request was because Engine 12 was damaged responding to a call. The engine was not a total loss and is being repaired. To maintain an adequate fleet, the proposed fire engine will be used in the interim. Staff is optimistic that the insurance proceeds will cover the repairs of Engine 12 and the cost of this replacement vehicle. This item will not be a permanent vehicle of the Fire Department and will be sold when Engine 12 is repaired. There was minimal discussion among City Council. Councilmember Fair moved to authorize the purchase of the fire engine. Councilmember Gabler seconded the motion. Motion carried unanimously. 6. Adjournment: By consensus, the meeting was adjourned at 8:03 p.m. Recorder: Approved: Jennifer Schreiber an Att From: Angela Schumann To: Hayden Stensgard; Vicki Leerhoff Subject: FW: Affordable Storage Monticello Date: Tuesday, June 7, 2022 3:19:02 PM Please print letter and images for tonight and post to agenda. Angela Schumann Community Development Director City of Monticello www.ci.monticello.mn.us 763-271-3224 Email correspondence to and from the City of Monticello government office is subject to the Minnesota Government Data Practices act and may be disclosed to third parties. From: Keith Burnham <keith@burnham-companies.com> Sent: Tuesday, June 7, 2022 11:56 AM To: Angela Schumann <Angela.Schumann@ci.monticello.mn.us> Subject: Affordable Storage Monticello To Whom It May Concern, I am the only guy you know that wanted to store empty boxes. A small number of empty boxes, that are screened by our development. We asked to use less than 5% of our existing business for this. You are the only body I know that would deny such a simple request. Affordabox Portable Storage was a start up in 2021 without a home. If you have ever started a company, you know that the beginning is dicey. A new company is weak and fragile at the beginning. When I was weak and fragile, you denied me, and kicked me off my own property. Since our original request in 2021, we have opened 2 new business locations in St. Michael. Affordabox has experienced 50 times revenue growth since January 2022, and has outgrown its 16,000 sq ft facility. We are looking at other communities to expand our business. We have recruited, hired, and trained many new employees from the roll off and recycling business to sustain our growth. Payroll has quadrupled from 2021 to 2022, and we expect it to double every year for the next 3 years. Affordabox average employee salary is currently at around 60k/ yr, and is expected to rise at 10%/ yr over the next 3 years. We offer Paid Holidays, Paid Vacation, and Health Insurance Coverage for all of our employees. A 5 year projection puts us in a brand new warehouse and office facility, with 1 million in annual Payroll, and a 20 million valuation. Monticello did nothing to recruit us into their community..... in fact, the opposite occurred. In closing, the request to store empty boxes doesn't have the same meaning today as it did a year ago. We were forced to scramble, and find other opportunities. If approved, we may or may not decide to use the capability. If the City is going to approve it, I recommend allowing for 1 display location on each public street. For us, it would be one on Chelsea Road, and one on Innsbrook Drive. I have attached a photo as an example. Storing empty boxes is not a business..... displaying what you have stored is. Thank you to the two Council Members who tried to give us a chance last year Keith Burnham Sent from my Verizon, Samsung Galaxy smartphone City Council Agenda: 8/22/2022 4C. Consideration to authorize a request for proposals for a Community Sign Guide at an estimated cost of $15,000 Prepared by: Meeting Date: ❑ Consent Agenda Item Community Development Director 8/22/2022 ® Regular Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director, Park & Recreation Director ACTION REQUESTED Motion to authorize a request for proposal for development of a community sign guide at an estimated cost of $15,000. REFERENCE AND BACKGROUN Public identification and facility signs will be an important element of upcoming City projects. Signage for City buildings, community entrances, public parking lots, and wayfinding for pathways and parks will be necessary for projects ranging from Block 52 to the proposed Public Works facility. The 10 -year Capital Improvement Plan includes funding of the production of various public sign types on a year -by -year basis for both replacement and addition at key locations throughout the community. The development of a comprehensive sign guide is an important first step in preparation for the addition and replacement of public signs. A comprehensive sign guide will provide the City with a cohesive look and feel for all public signage, promoting the community's identity and aiding in clarity of place. The sign guide will ensure compliance with the Minnesota Manual of Uniform Traffic Control Devices (MNMUTCD) for signs located within the public right-of-way. A sign guide ensures that public signs are reflective of the City's more recent brand, logo, and color components, while incorporating style references already in place. It is requested that the Council authorize a request for proposal process for the completion of the community sign guide. The accompanying draft RFP outlines a scope of work which includes the preparation of design templates for individual sign types for all community buildings and facilities, and the preparation of plans and specifications for each individual sign. The plans and specification component allows the City to bid sign packages out project -by - project or include them within a given project scope. The desired plan will support the addition of new signs, gradual replacement of existing signs and consolidation of signage where appropriate. With a guide in place, the City can also budget City Council Agenda: 8/22/2022 and schedule for signage improvements throughout the community and in tandem with projects as they occur. If authorized, the selected proposal and proposed contract for services will be a future consideration of Council. Budget Impact: The development of the sign guide was not budgeted in 2022. However, given the timing of several highly visible public projects, preparation of the sign guide will provide the necessary plans and specifications for signage for these projects. Funding for this project will come from the Administration department in the General Fund and is estimated at $15,000. Future sign installations will be funded from the appropriate department in the General Fund, depending on sign type and purpose. II. Staff Workload Impact: Staff involvement includes preparation of this report and RFP, as well as future time in reviewing RFP responses and preparing selection information for Council. Staff would also be involved in providing direction for the guide itself. Total staff impact is expected to be 20-25 hours. III. Comprehensive Plan Impact: The Monticello 2040 Plan's Implementation Chapter includes the following statement: "Strategy 2.3.4 - Develop a cohesive community signage program which develops and utilizes common elements to unify both public and neighborhood signage - including common branding elements, design and materials." The Implementation chapter then further supports the use of this guide by recommending the introduction of branded signage to enhance neighborhoods and commercial corridors, as well as the need for wayfinding signage throughout the pathway system. STAFF RECOMMENDED ACTION City staff recommends authorizing the request for proposals. A cohesive community signage program is specifically cited as an implementation strategy of the City's comprehensive plan and will provide value for years to come as the City invests in public signage through the community. SUPPORTING DATA • Request for Proposals CITY Of MO 640-F City Of Monticello 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 www.ci.monticello.mn.us Request for Proposals Community Sign Guide Design & Specifications Proposals Due: September 19, 2022 Proposers are solely responsible for delivering their proposals to the city before the deadline. Any proposal received after the deadline will not be considered. Interested firms should register by sending an email to Hayden Stensgard to ensure inclusion on any addenda or additional information provided to interested parties. In the interest of fairness to all respondents, please do not contact other staff or elected or appointed officials unless instructed to do so. Hayden Stensgard Community & Economic Development Coordinator (763)-271-3206 hoyden.stensgard@ci. monticello. mn. us CITY OF MONTICELLO REQUEST FOR PROPOSALS TABLE OF CONTENTS Introduction A. General Information B. Project Context C. Term of Engagement D. Subcontracting II. Nature of Services Required A. Scope of Work to be Performed B. Standards to be Followed C. Deliverables D. Additional Services E. Retention of Workpapers and Access to Working Papers III. Description of the City of Monticello IV. Time Requirements A. Anticipated Proposal Calendar B. Notification C. Schedule for Completion of Work V. Proposal Requirements A. General Requirements B. Detailed Proposal VI. Evaluation Procedures A. Evaluation Committee B. Evaluation Criteria C. Final Selection D. Right to Reject Proposals VII. Appendices A. Insurance Requirement B. Style References 2 I. INTRODUCTION A. General Information The City of Monticello (City) is requesting proposals from qualified firms for preparation of a comprehensive community sign guide, to include sign design, plans and specifications. There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Monticello shall not be liable for any expenses incurred by the applicant including but not limited to expenses associated with the preparation of the proposals, preparation of a compensation (fees) schedule or final contract negotiations. To be considered, one electronic copy of the proposal must be mailed or delivered to the contact listed below and received prior to the deadline. City of Monticello Attn: Hayden Stensgard Community & Economic Development Coordinator 505 Walnut Street, Suite 1Monticello, MN 55362 (763)-271-3206 Hayden. stensgard@ci. mon ticello. mn. us The proposal must be received no later than 4:00 p.m. on Monday, September 19, 2022. Proposers are solely responsible for delivering their proposals to the City before the deadline. Any proposal received after the deadline will not be considered. The City reserves the right without prejudice to reject any or all proposals submitted. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Firms may be requested to make oral presentations to the Selection Committee as part of the final evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance bythe firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. It is anticipated the selection of a firm will be completed by September 22, 2022. Following the notification of the selected firm, it is expected a contract will be executed between both parties following the September 26, 2022 meeting of the City Council. B. Project Context The City of Monticello is seeking a comprehensive plan to guide placement of public facility signage. The desired plan will support the addition of new signs, gradual replacement of existing signs and consolidation of signage where appropriate. As signs are added or replaced, the City desires the development and installation of signage which is reflective of the City's more recent brand, logo and color components, while incorporating style references already in place to maintain consistency and cohesion as transitions are made within the community. Existing sign style reference images and brand information is provided as Appendix B of this document. C. Term of Engagement The length of this contract will be less than 90 days from award date to final deliverables received by the City. D. Subcontracting No subcontracting will be allowed without the express prior written consent of the City. II. NATURE OF SERVICES REQUIRED A. Scope of Work to be Performed The City of Monticello is requesting proposals for professional services related to development of a community sign guide. The scope of work includes consultation with City staff to prepare design templates for all community buildings and facilities, including wayfinding signage. The scope of work includes the preparation of plans and specifications for each individual sign. Engagement and Meetings 1. Initial project scoping meeting to confirm deliverables 2. Project team/staff coordination meetings at regular intervals a) At least two general design concepts should be provided at the first regular team meeting for purposes of guiding future work and project direction; this should include variations in sign orientation (horizontal/vertical) 3. 2 public board meetings 4. General public engagement is not requested as part of this proposal and project B. Standards to be Followed Contracted firm will follow Minnesota Manual on Uniform Traffic Control Devices requirements as applicable, including reflectivity requirements. Contracted firm will meet any roadway jurisdiction signage requirements applicable. Signs shall be in compliance with Americans with Disabilities Act (ADA). Signage for park facilities shall follow National Park & Recreation Association standards. Signs shall meet City ordinance requirements. C. Deliverables All materials to be delivered in AutoCAD and .pdf forms. 0 1. Style guide, including: a) Materials b) Colors c) Typography d) Patterns e) Symbols and icons 2. Scaled plan specification sheet including dimensions, materials and construction notes for each sign listed: a) City Building Facility Identification I. Main II. Secondary/Secondary Entrance III. Shingle IV. Building b) Community Gateway/Entrance I. Primary II. Secondary III. Pathway c) Community Corridor Wall Entrance d) Park Identification I. Main II. Secondary/Secondary Entrance III. Parking IV. River Access V. Field/Facility Identification e) Vehicular Directional I. Primary Corridor II. Secondary III. Signal or Pole Standard Directional f) Pedestrian Directional I. Street Corridor II. Pathway Corridor g) Wayfinding Kiosk I. Districts/Nodes II. Parks III. Pathway System h) Historic Interpretive Signage i) Parking Lot Identification I. Main II. Shingle III. Building D. Additional Services None. E. Retention of Workpapers and Access to Working Papers All working papers and reports must be retained, at the firm's expense, for a minimum of three years, unless the firm is notified in writing by the City of the need to extend the 5 retention period. The firm will be required to make working papers available, upon request, to the following parties or their designees: City of Monticello. All materials, including models, reports, design, diagrams, images, plans and specifications and other information generated in connection with performance of this Agreement shall be the property of the City. III. DESCRIPTION OF THE CITY OF MONTICELLO Classified a 501(a) entity under the Internal Revenue Code, the city of Monticello was organized as a municipality in 1856. Monticello is located approximately 45 miles northwest of the Minneapolis -St. Paul metropolitan area along the 1-94 corridor in Wright County. Monticello's population is estimated at 14,455 and the city encompasses an area of 8.94 square miles. The city is categorized as a 501(a) entity by IRS Code and operates under the "Optional Plan A" form of government as defined in Minnesota Statutes. Under this plan, the government of the city is directed by a city council composed of an elected mayor and four elected city council members. The city council exercises legislative authority and determines all matters of policy. The city council appoints personnel responsible for the proper administration of all affairs relating to the city. Council members serve four-year terms, with two members elected every two years. The mayor is elected for a two-year term. The mayor and members of the city council are elected at large IV. TIME REQUIREMENTS A. Anticipated Proposal Calendar The following is a list of key dates regarding the selection process: 1. Request for Proposals Released............................................August 23, 2022 2. Proposals Due..................................................................September 19, 2022 3. Vendor Selected..............................................................September 21, 2022 4. Contract Approved by City Council .................................September 26, 2022 B. Notification It is anticipated that the staff recommended firm will be notified on September 21, 2022. C. Schedule for Completion of Work Completion of the work as detailed within the scope and all deliverables are expected by November 30, 2022. V. PROPOSAL REQUIREMENTS A. General Requirements 1. Inquiries A Inquiries concerning the request for proposals and the subject of the request for proposals must be addressed to: Hayden Stensgard Community & Economic Development Coordinator (763)-271-3206 Hayden.stensgard@ci.monticello.mn.us All responses, questions, and correspondence should be directed to Hayden Stensgard. In the interest of fairness to all respondents, do not contact other staff or elected or appointed officials. 2. Submission of Proposals The following material is required to be received by September 19, 2022, at 4:00 p.m. for a proposing firm to be considered. a) Transmittal Letter/Summary of Project Understanding A signed letter of transmittal briefly stating the proposer's understanding of thework to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be the best qualified to perform the engagement. b) Detailed Proposal The detailed proposal should follow the specifications set forth in this request for proposals. The selected consultant will understand and convey their ideas for signage which is reflective of Monticello as a community, as well as considers the location and context in which signs will be located. c) Detailed Project Timeline with Meeting and Deliverable Dates d) Comparable Project References & Examples Provide links to or samples of three (3) reference projects. Provide summary information on the consultant's experience with the three comparable projects including specific descriptions of proposed team members' roles on the referenced projects. Provide a contact name and information for each comparable project. Detailed Proposal 1. General Requirements The purpose of the proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake platting services of the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The proposal should demonstrate the qualifications of the firm and of the staff to be 7 assigned to the engagement. It should also specify a work approach that will meet the request for proposals requirement. The proposal should address all the points outlined in the request for proposal. The proposalshould be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposal. While additional data may be presented, the following subjects must be included. They represent the criteria upon which the proposal will be evaluated. VI. EVALUATION PROCEDURES A. Review Committee A selection committee including City staff will recommend the most qualified team to the City Council. B. Evaluation Criteria The following represent the principal selection criteria that will be considered during the evaluation process: 1. Mandatory Deliverable Elements 2. Price Consideration Fees should be broken down by item and rate and should equal the total all- inclusive maximum price proposed. A description of the proposer's billing process should be included. Cost will not be the only factor the review committee will use to evaluate proposing firms. C. Final Selection It is anticipated that the Council will approve the recommended firm on September 21, 2022. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. The City reserves the right to reject any and all proposals, waive all technicalities and accept any proposal deemed to be in the city's best interest. N. APPENDIX A: INSURANCE REQUIREMENTS Insurance shall be in such form as will protect the Contractor from all claims and liabilities for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract, whether such operations by himself or anyone directly or indirectly employed by Contractor. Amount of Insurance A) Comprehensive General Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate B) Automobile and Truck Liability: Bodily Injury or Property Damage - $1,000,000 each occurrence and general aggregate *Comprehensive General Liability coverage and Automobile and Truck Liability coverage may be met with a combination of coverage including excess and umbrella liability coverage. Type of Insurance for Contractor A) Workers Comprehensive Insurance: Coverage for all people employed by the Contractor to perform work under this contract. This insurance shall be in the amount of $500,000 for each accident, illness or disease or such other amount that may be required by the most current laws of the State of Minnesota, whichever is greater. B) Comprehensive General Liability Insurance: Covering bodily injuries and property damage and also including coverage for: 1) Injury to or destruction of wires, pipes, conduits, and similar property located below the surface of the ground, whether public or private. 2) Collapse of or structural injury to any building or structure except those on which work under this Contract is being performed. 3) Contractual liabilities related to bodily injury and property damage. C) Automobile and Truck Liability Insurance: Covering bodily injury and property damage relating to operation of all motor vehicles and equipment, whether or not owned by the Contractor, being operated in conjunction with work under this contract. D) Product and Completed Operations Insurance: Coverage to be included in the amounts specified above for Comprehensive General Liability. Evidence of Insurance The City of Monticello shall be listed as an Additional Insured on the certificates of insurance. The Contractor shall submit Certificates of Insurance to the Owner at the time of execution of the Service Contract. Written notice shall be given to the City of Monticello at least thirty (30) days prior to cancellation or non -renewal of such insurance coverage. As evidence of insurance coverage, the Owner may, in lieu of actual policies, accept official written statements from the insurance company certifying that all the insurance policies specified are in force for the specified period of the contract. Mont - �Il0 til,>�I]iE110 MQI�ryCELLO Y' i- DEPARTMENT ui PUBLIC of MOTOR VEHICLES W13WY LIBRARY T FIBERNE I CHAMBER OF COMMERCE MONTICELLO'"; COMMUNITY CENTER Y w rnr of _ Monticello k� (1) INFORMATION u 40 Q) INFORMATION Alirq lIffol long semi P, pit I CITY OF w Swan gradient: White, Aqua, Dk_ Blue � uTv or -� MCnticello Fonts: ,,11 AlonticeHa- PERPETUA REGULAR (706.25) horizontal scale: 30% leading: -50 (-85 between M and o; 0 between t and i) CITY 0F: OFF IMA REGULAR (2 1) horizontal scale: 100%-. leading: 200 is 10 10 Dark Blue Green Wave gradient AQUA CMYI : c100 m76 y31 k16 CMYI : c87 m42 y42 k11 CMYK: c73 m19 y34 k_0 c62 m0 y1D0 k0 R B: r 12 g71 b14 R B: r63 g159 b167 RB: r 21 g110 b127 HEX #0c4772 r 108 g190 b69 HEC #3f9fa7 HEX #15717f #6cbe45 COLOR PALETTE A consistent color scheme ensures that a cohesive image is represented across all City of Monticello communications_ They are appropriate far use when developing any collateral, printed materials, advertising, Web sites or multimedia campaigns for the City of Monticello. Graphic designers and printers understand the codes associated with these calors_ (Pms codes are registered trademarks of Panlow, Ina) 12