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City Council Agenda Packet 04-22-20241. Agenda Documents Documents: 04-22-24 AGENDA.PDF 2024-4-8 MINUTES CC SPECIAL MEETING (DRAFT).PDF 2024-4-8 MINUTES CC (DRAFT).PDF 2A PAYMENT OF BILLS.PDF 2B NEW HIRES AND DEPARTURES.PDF 2C PROPERTY.PDF 2D LIONS LIQUOR MUSIC MISSISSIPPI.PDF 2E WALK AND ROLL STREET CLOSURE 2024.PDF 2F LAND USE RESOLUTION.PDF 2G FEATHERSTONE 6TH TRUNK UTILITIES.PDF 2H COUNTRY CLUB MANOR FOURTH ADDITION.PDF 21 NOTIFICATION ZONING AMENDMENT.PDF 2J DITCH 33 GRANT AGREEMENT.PDF AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, April 22, 2024 — 6:30 p.m. Mississippi Room, Monticello Community Center Mayor: Lloyd Hilgart Council Members: Charlotte Gabler, Tracy Hinz, Lee Martie, 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 • Special Meeting Minutes from April 8, 2024 • Regular Meeting Minutes from April 8, 2024 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/Updates • City Announcements • MCC Announcements F. Council Liaison Updates • Economic Development Authority (EDA) • MOAA • 1-94 Coalition G. Department Updates • Building Department 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 by 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 approving temporary liquor license application for Music on the Mississippi Consideration of approving closure of Walnut Street from 6t" Street to 3rd Street and a portion of the West Parking Lot and Senior Center Parking Lot at the Monticello Community Center from 8 a.m. —12 p.m. on Saturday June 8, 2024, for Walk & Roll Consideration of adopting Resolution 2024-35 supporting retention of local land use authority and authorizing submission of a letter to Governor Walz regarding the same G. Consideration of adopting Resolution 2024-39 accepting public improvements for Featherstone 6ht Addition Trunk Utilities Extension H. Consideration of adopting Resolution 2024-37 approving a final plat of Country Club Manor Fourth Addition and the Country Club Manor Fourth Addition Development Agreement and Resolution 2024-38 adopting assessment pursuant to the Development Contract. Applicant: Monticello MF West LLC; CHC Monticello Townhomes II LLC Consideration of approving Ordinance 824 amending the Monticello Zoning Ordinance, Section 153.027 for application review and procedures J. Consideration of approving an amendment to grant agreements with Wright County for Ditch 33 Improvements in the amount of $970,625 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda 5. Adjournment MINUTES MONTICELLO CITY COUNCIL WORKSHOP Monday, April 8, 2024 — 6 p.m. Academy Room, Monticello Community Center Present: Charlotte Gabler, Lloyd Hilgart, Tracy Hinz, Lee Martie, and Sam Murdoff Absent: None Others: Rachel Leonard, Angela Schumann, Ryan Melhouse, Sarah Rathlisberger, Tom Pawelk, Ron Hackenmueller, and Jennifer Schreiber 1. Call to Order Mayor Lloyd Hilgart called the workshop to order at 6:05 p.m. 2. Fair Family Recognition Conversation Bruce Thelen and Steve Andrews, former residents, addressed the City Council in regard to recognizing former City Councilmember Bill Fair. They spoke of his contributions to the City of Monticello and the important role he played in the success of multiple projects, including building the Monticello Community Center. City staff is currently in the process of getting a bench made to honor Mr. Fair, however, it was suggested that more could be done. Some ideas were offered, such as, renaming a park, a dedication at the 251" anniversary of the MCC, and others. The City Council and staff will take into consideration the suggestions and will collaborate on possible recognition ideas presented. 3. Adjournment By consensus, the meeting was adjourned at 6:28 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Council Special Meeting Minutes —April 8, 2024 City Administrator REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, April 8, 2024 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Charlotte Gabler, Tracy Hinz, Lee Martie, 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. Arbor Dav Proclamation • Mayor Hilgart read the Arbor Day Proclamation. C. Approval of Agenda Councilmember Hinz moved for approval of the agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. D. Approval of Meeting Minutes • Special Meeting Minutes from March 25, 2024 • Regular Meeting Minutes from March 25, 2024 Councilmember Gabler moved for approval the minutes. Councilmember Murdoff seconded the motion. Motion carried unanimously. E. Citizen Comments None. F. Public Service Announcements ➢ Haley Foster, Communications & Marketing Specialist, noted the following public announcements: • Spring Wine Sale • Spring Hydrant Flushing • Spring Cemetery Clean Up • Spring Leaf Pick Up • Spring Tree Sale • Arbor Day Giveaway • Walk & Roll City Council Minutes: April 8, 2024 Page 1 1 4 G. Council Liaison Updates • Economic Development Authority (EDA) — Councilmember Hinz gave an update on the meeting held March 27. The EDA adopted resolution supporting the Wright County Economic Development Partnership and considered a business subsidy pre -application proposal from Fairfield Marriott Hotel. • Parks, Arts, and Recreation Commission — Councilmember Gabler commented on the meeting held March 28. PARC elected officers, appointed a subcommittee for pickleball planning, and heard updates from MontiArts, the Monticello Community Center, and the Parks & Recreation Director. • Planning Commission — Councilmember Gabler provided an update of the workshop and regular meeting held April 2. The workshop was held prior to the regular meeting on a concept stage PUD for a multi -use development. There was a public hearing on the regular meeting agenda regarding the flood plain ordinance and it was continued in order for staff to mail notice to property owners. G. Department Updates • Downtown Project Update — Matt Leonard, Public Works Director/City Engineer, gave an update on the status of the downtown project. 2. Consent Agenda: Councilmember Murdoff moved for approval of the Consent Agenda. Councilmember Martie 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 $1,326,794.46. B. Consideration of approving new hires and departures for City departments. Action taken: Approved new hires for Monticello Community Center (MCC) and Water Department and approved terminations for MCC. C. Consideration of approving the sale/disposal of surplus city property. Action taken: No report this cycle. D. Consideration of adopting Resolution 2024-27 accepting donation of $2,000 from the Monticello Lions for Fire Department gear dryer. Action taken: Adopted Resolution 2024-27 accepting the donation. City Council Minutes: April 8, 2024 Page 2 1 4 Consideration of approving a temporary liquor license for the VFW Post 8731 for Party in the Park on July 11, 2024. Action taken: Approved the temporary liquor license for VFW. Consideration of approving a special event permit and temporary liquor license and gambling permit for Church of St. Henry for their annual parish festival on August 24 and 25, 2024. Action taken: Approved the special event permit, temporary liquor license and gambling permit for Church of St. Henry. G. Consideration of adopting Resolution 2024-34 approving a gambling premise permit for the Monticello Lions at Buffalo Wild Wings, 9221 Cedar Street. Action taken: Adopted Resolution 2024-34 approving the gambling premise permit for Monticello Lions. H. Consideration of adopting Resolution 2024-29 declaring the official intent of the City of Monticello to reimburse certain expenditures from the proceeds of bonds to be issued by the City for Cedar Street South Improvements. Action taken: Adopted Resolution 2024-29 regarding reimbursement of bonds for Cedar Street South Improvements. Consideration of adopting Resolution 2024-30 approving the final plat and development contract for Big River 445, adopting Resolution 2024-31 approving assessments related to the plat of Big River 445, adopting Resolution 2024-32 approving a Final Stage PUD for Big River 445, and adopting Resolution 2024-33 and Ordinance 823 establishing the Big River Planned Unit Development District. Applicant: Division 25, LLC Action taken: Adopted Resolution 2024-30 approving final plat of Big River 445 based on findings in resolution and subject to conditions in Exhibit Z; adopted Resolution 2024-31 approving assessments related to the plat of Big River 445; adopted Resolution 2024-32 approving Final Stage PUD for Lot 1 and 2, Block 1 of Big River 445 based on findings in resolution and subject to conditions in Exhibit Z; and adopted Resolution 2024- 33 and Ordinance 823 establishing Big River Planned Unit Development District. J. Consideration of suspending nuisance enforcement per City Code 91.06 for any violation of City Code 91.04 (16)(b)-(c) from May 1-31, 2024, in recognition of "No Mow May". Action taken: Approved suspending nuisance enforcement from May 1— 31, 2024. K. Consideration of authorizing First Amendment to the Lease Agreement with Preferred Title for storage; 2-year extension for property located at 119 3rd Street East (215 Cedar Street). Action taken: Approved the First Amendment to City Council Minutes: April 8, 2024 Page 3 1 4 the Lease Agreement with Preferred Title for property at 119 3rd Street East (215 Cedar Street). 3. Public Hearings: 4. Regular Agenda: A. Consideration of adopting Resolution 2024-28 accepting bids and awarding the Broadwav Street Roadwav and Utilitv Improvement Proiect and 7th Street Retaining Wall, Rectangular Rapid Flashing Beacon (RRFB) and Sidewalk Improvement Proiect to Vallev Paving Inc. in the amount of $2,780,717.60 Matt Leonard presented the improvement project and noted that staff recommended accepting bids and awarding the project to Valley Paving Inc. The project includes Broadway Street pavement preservation, RRFB installation at Cedar Street and Broadway Street, trail lighting, medians, traffic control, 7th Street retaining wall replacement, sidewalk installation on north side of 711 Street, RRFB installation at 7th Street and Walnut Street, and the Prairie Center Parking Lot. A total of six bids were received and the low bid was from Valley Paving Inc. The project will commence right away. The Broadway East project shall be substantially complete prior to June 27, 2024, and the remainder of the project by August 2, 2024. The final assessment hearing is anticipated to be in September 2024. There was minimal discussion. Councilmember Gabler moved to adopt Resolution 2024-28 awarding the Broadway Street Roadway and Utility Improvement Project and 7th Street Retaining Wall, Rectangular Rapid Flashing Beacon (RRFB) and Sidewalk Improvement to Valley Paving Inc. Councilmember Murdoff seconded the motion. Motion carried unanimously. 5. Adiournment: The meeting was adjourned at 7:04 p.m. Recorder: Jennifer Schreiber Attest: City Administrator City Council Minutes: April 8, 2024 Page 4 1 4 City Council Agenda: 4/22/2024 2A. Consideration of approving pavment of bills Prepared by: Meeting Date Finance Director Reviewed by: N/A ACTION REQUESTED 4/22/2024 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Motion to approve the bill and purchase card registers for a total amount of $893,079.52. 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. I. 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 Checks by Date - Summary by Check Date User: debbie.gulbrandson Printed: 4/17/2024 12:37 PM CiiV 01 � Monticeto Check No Vendor No Vendor Name Check Date ACH 1062 BEAUDRY OIL COMPANY 04/23/2024 ACH 1065 BELLBOY CORPORATION 04/23/2024 ACH 1074 BOLTON AND MENK INC 04/23/2024 ACH 1091 CAMPBELL KNUTSON PA 04/23/2024 ACH 1106 CENTRAL MCGOWAN INC 04/23/2024 ACH 1129 DAHLHEIMER BEVERAGE LLC 04/23/2024 ACH 1153 ECM PUBLISHERS INC 04/23/2024 ACH 1223 HAWKINS INC 04/23/2024 ACH 1305 MACQUEEN EQUIPMENT LLC 04/23/2024 ACH 1364 MOBILE HEALTH SERVICES LLC 04/23/2024 ACH 1377 MONTICELLO SENIOR CENTER 04/23/2024 ACH 1411 OLSON & SONS ELECTRIC INC 04/23/2024 ACH 1417 OSC OXYGEN SERVICE COMPANY 04/23/2024 ACH 1518 TDS TELECOM 04/23/2024 ACH 1537 UHL COMPANY INC 04/23/2024 ACH 1552 VIKING COCA COLA BOTTLING CO 04/23/2024 ACH 1567 WES OLSON ELECTRIC LLC 04/23/2024 ACH 1572 THE WINE COMPANY 04/23/2024 ACH 1577 WRIGHT CO AUDITOR-TREAS - ACH 04/23/2024 ACH 1584 WSB & ASSOCIATES INC 04/23/2024 ACH 1684 VINOCOPIA 04/23/2024 ACH 1726 MARCO TECHNOLOGIES 04/23/2024 ACH 2273 FIBERNET MONTICELLO - ACH 04/23/2024 ACH 3486 STATE INDUSTRIAL PRODUCTS CORP 04/23/2024 ACH 4502 ARVIG 04/23/2024 ACH 4633 PERFORMANCE FOOD GROUP INC 04/23/2024 ACH 4646 CAPITOL BEVERAGE SALES L.P. 04/23/2024 ACH 4962 RENGEL PRINTING COMPANY, INC 04/23/2024 ACH 5201 DICK FAMILY, INC. 04/23/2024 ACH 5210 ADAM SMIGLEWSKI 04/23/2024 ACH 5211 RANDI O'KEEFE KRIER 04/23/2024 ACH 5426 NOVEL SOLAR TWO LLC 04/23/2024 ACH 5454 PROFESSIONAL CLEANING SERVICES 04/23/2024 ACH 5586 MOOSE LAKE BREWING CO. 04/23/2024 ACH 5709 BEN LUNDQUIST 04/23/2024 ACH 5742 LEVI PREUGSCHAS 04/23/2024 ACH 6251 STEPHEN W GRITTMAN 04/23/2024 ACH 6272 DANGEROUS MAN BREWING COOMP 04/23/2024 ACH 6285 NOKOMIS ENERGY LLC 04/23/2024 ACH 6300 NOVEL SOLAR ONE LLC 04/23/2024 ACH 6301 NOVEL SOLAR FIVE LLC 04/23/2024 128355 2925 1ST LINE/LEEWES VENTURES LLC 04/23/2024 128356 5660 ABSOLUTE PRINT GRAPHICS 04/23/2024 128357 3737 ACTIVE911INC 04/23/2024 128358 5948 AE2 - ADVANCED ELEMENTS, INC. 04/23/2024 128359 6387 ANDERSEN FLOOR COVERING, INC 04/23/2024 128360 3491 ARTISAN BEER COMPANY 04/23/2024 Check Amount 2,424.40 9,911.34 4,697.70 12,229.80 263.68 70,343.50 2,248.75 12,920.18 961.79 3,950.00 5,625.00 4,963.71 146.91 340.30 1,326.25 650.91 1,765.00 1,433.85 199,868.47 17,644.50 807.26 202.00 5,780.74 454.50 165.00 1,236.38 12,751.76 125.62 3,007.53 450.00 1,946.88 7,840.90 11,645.00 228.00 6,249.99 450.00 10,034.00 175.00 8,058.19 1,033.49 66.10 442.25 2,656.31 787.50 27,840.98 3,200.00 507.95 AP Checks by Date - Summary by Check Date (4/17/2024 12:37 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount 128361 1067 BERNICK'S 04/23/2024 3,981.39 128362 3777 TOWN OF BIG LAKE 04/23/2024 500.00 128363 4328 BREAKTHRU BEVERAGE MN WINE & 04/23/2024 3,409.04 128364 2935 CUSTOMIZED FIRE RESCUE TRAININi 04/23/2024 450.00 128365 2440 DESIGN ELECTRIC INC 04/23/2024 143,879.63 128366 1147 DOUBLE D ELECTRIC INC 04/23/2024 173.26 128367 6322 GLENBROOK BUILDING SUPPLY INC 04/23/2024 510.73 128368 4650 JASEN HOGLUND 04/23/2024 120.00 128369 5889 INNOVATIVE OFFICE SOLUTIONS LLC 04/23/2024 146.73 128370 1263 JOHNSON BROTHERS LIQUOR CO. 04/23/2024 27,708.71 128371 5839 KRIS ENGINEERING, INC. 04/23/2024 10,513.68 128372 5285 LAWSON PRODUCTS, INC. 04/23/2024 114.95 128373 5301 MILK AND HONEY LLC 04/23/2024 136.00 128374 4691 MONTICELLO MEMORIALS, LLC 04/23/2024 225.00 128375 2512 MONTICELLO PLBG HTG AC LLC 04/23/2024 320.00 128376 5160 MOTOROLA SOLUTIONS, INC. 04/23/2024 337.50 128377 3422 MUNICIPAL BUILDERS INC 04/23/2024 715.95 128378 1913 NEW FRANCE WINE 04/23/2024 1,691.00 128379 1687 NORTHLAND SECURITIES INC 04/23/2024 4,250.00 128380 1427 PHILLIPS WINE & SPIRITS CO 04/23/2024 11,862.80 128381 5431 QUADIENT FINANCE USA INC 04/23/2024 1,152.95 128382 2584 RECYCLE TECHNOLOGIES INC 04/23/2024 150.00 128383 1476 SCHLUENDER CONSTRUCTION INC 04/23/2024 1,956.14 128384 3309 SOUTHERN GLAZER'S WINE AND SPI] 04/23/2024 4,591.47 128385 5482 SUPERIOR CAPITL HOLDINGS INC 04/23/2024 813.00 128386 6375 THE HOME CITY ICE COMPANY 04/23/2024 379.37 128387 6057 TIMOTHY J PETRANGELO 04/23/2024 70.00 128388 3783 ULINE 04/23/2024 68.07 128389 1544 US POSTAL SERVICE 04/23/2024 2,145.09 128390 1573 WINE MERCHANTS INC 04/23/2024 1,341.78 128391 1581 WRIGHT CO RECORDER 04/23/2024 144.65 128392 4013 WRIGHT COUNTY ECONOMIC DEVEL 04/23/2024 3,401.00 128393 1679 ZEP SALES AND SERVICE 04/23/2024 263.37 Total for 4/23/2024: 689,382.63 Report Total (80 checks): 689,382.63 The preceding list of bills payable was reviewed and approved for payment. Date: 4/23/2024 Approved by: Mayor Lloyd Hilgart AP Checks by Date - Summary by Check Date (4/17/2024 12:37 PM) Page 2 Accounts Payable Checks by Date - Summary by Check Date User: julie.cheney Printed: 4/17/2024 2:53 PM 'K cirr ar � Monticelo Check No Vendor No Vendor Name Check Date Check Amount ACH 1426 CITY OF MONTICELLO 04/15/2024 4,088.73 ACH 2282 MRI SOFTWARE 04/15/2024 395.00 ACH 2405 WELLS FARGO - Monthly Charges/Retun 04/15/2024 17,224.91 ACH 2438 VANCO SERVICES LLC 04/15/2024 111.60 ACH 2811 US BANK CORPORATE PMT SYSTEM 04/15/2024 113,873.10 ACH 3241 LINCOLN FINANCIAL GROUP 04/15/2024 3,470.58 ACH 4263 CAYAN 04/15/2024 1,604.88 ACH 5147 MN PEIP 04/15/2024 60,531.91 ACH 6041 HEALTHEQUITY INC 04/15/2024 2,396.18 Total for 4/15/2024: 203,696.89 Report Total (9 checks): 203,696.89 The preceding list of bills payable was reviewed and approved for payment. Date: 4/23/24 Approved by: Mayor Lloyd Hilgart AP Checks by Date - Summary by Check Date (4/17/2024 2:53 PM) Page 1 City Council Agenda: 4/22/2024 2B. Consideration of approving new hires and departures for Citv departments Prepared by: Human Resources Manager Reviewed by: N/A ACTION REQUESTED Meeting Date: 4/22/2024 Approved by: City Administrator ❑x Consent Agenda Item ❑ Regular Agenda Item 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. I. 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. NEW EMPLOYEES Name Title Department Hire Date Class Dan Halverson Facilities Maintenance Manager Facilities Maintenance 5/1/2024 FT Johnathon Dahl Parks Worker Parks 5/6/2024 Seasonal Gavin Simon Parks Worker Parks 5/6/2024 Seasonal Terry Sickels Parks Worker Parks 5/6/2024 Seasonal Leo Schroden Parks Worker Parks 5/6/2024 Seasonal Kay Schroden Parks Worker Parks 5/6/2024 Seasonal Frank Holmes Parks Worker Parks 5/6/2024 Seasonal Nate Green Parks Worker Parks 5/6/2024 Seasonal Bud Schindele Parks Worker Parks 5/6/2024 Seasonal Sophia Lange Parks Worker Parks 5/10/2024 Seasonal Tommy Moores Streets Worker Streets 5/15/2024 Seasonal TERMINATING EMPLOYEES Name Reason Department Effective Date Class Wesley Sommerfeld Voluntary MCC 11/22/2023 PT Gianna Mitchell Voluntary MCC 1/22/2024 PT Paulina Witschen Voluntary MCC 2/20/2024 PT Avril VanHoorik Voluntary MCC 3/29/2024 PT Macey Morgan Voluntary MCC 3/30/2024 PT Brayden Wurm Voluntary MCC 4/4/2024 PT Bud Schindele Voluntary Parks 4/5/2024 Seasonal New Hire and Terms City Council 2024: 4/16/2024 City Council Agenda: 4/22/2024 2C. Consideration of approving the sale or disposal of surplus Citv property Prepared by: Meeting Date: ® Consent Agenda Item N/A 4/22/2024 ❑ Regular Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 4/22/2024 2D. Consideration of approving application for temporary liquor license for the Monticello Lions for the Music on the Mississippi Outdoor Concert Series at West Bridge Park on June 26 and July 24, 2024 Prepared by: City Clerk Reviewed by: N/A ACTION REQUESTED Meeting Date 4/22/2024 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Motion to approve temporary liquor license for the Monticello Lions. The City is collaborating with the Monticello Lions to serve alcohol at the Music on the Mississippi concert series. The Lions are requesting approval of an application for a temporary liquor license. The event dates are June 26 and July 24, 2024. The concerts take place at Ellison Park. I. Budget Impact: N/A II. Staff Workload Impact: Minimal administrative time. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommend approval of the temporary liquor license for the Monticello Lions for Music on the Mississippi concert series. SUPPORTING DATA A. Application B. Certificate of Liability Insurance Minnesota Department of Public Safety �f Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 Alcohol & Gambling Enforcement APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number (Monticello Lions Club 1 101 /01 /1974 1151-0156243 Address City State Zip Code f Po Box 673 IMonticello Minnesota 155362 Name of person making application Business phone Home phone Amanda Galindo 1 I763-923-4655 I' Date(s) of event / Type of organization &12(,12 " 71 Z�/Z `� I ❑ Club ❑ Charitable Religious Other non-profit Organization officer's name I City State Zip Code (Glen Nemec 11Big Lake 'Minnesota 1 155309 Organization officer's name City State Zip Code (Mike Jones I (Monticello (Minnesota 1155362 Organization officer's name City State Zip Code Scott Maus I Monticello I (Minnesota 1155362 Organization officer's name City State Zip Code I I I I (Minnesota Location where permit will be used. If an outdoor area, describe. Ellison Park 913 E River St, Monticello, MN 55362 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. NA If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. West Bend Mutual $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Fee Amount Date Fee Paid Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION(@STATE.MN.►,j DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 11 /06/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Customer Care NAME: West Bend Mutual Insurance Company I PHONE (866) 926-4244 I FAX (262) 365-2200 (A/C No. Ext): (A/C, No): 1900 South 18th Avenue I E-MAIL customercare@wbmi.com ADDRESS: West Bend WI 53095 I INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: West Bend Mutual Insurance Company 15350 INSURED INSURER B : Monticello Lions Club I INSURER C : PO Box 673 I INSURER D : INSURER E : Monticello MN 55362 I INSURER F : COVERAGES CERTIFICATE NUMBER: CL2311666276 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTYPE OF INSURANCE TR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FX TO TED I 100,000 CLAIMS -MADE OCCUR PREMISES Ea oDAMAGE ccurrence) $ I MED EXP (Any one person) $ Excluded _ A A107246 01/01/2024 01/01/2025 I PERSONAL & ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 ❑ PRO ❑ I 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 i ANYAUTO I BODILY INJURY (Per person) $ A OWNED SCHEDULED A107246 01/01/2024 01/01/2025 I BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON -OWNED I PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LAB I AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I I AND EMPLOYERS' LIABILITY Y / N SPER TATUTE EORH ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Common Cause $1,000,000 Liquor Liability A Y A107247 01/01/2024 01/01/2025 Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Monticello is recognized as an Additional Insured with regard to Liquor Liability coverage per form NS0280 attached to this policy and with regard to the General Liability when required by written contract per form WB1890. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Monticello ACCORDANCE WITH THE POLICY PROVISIONS. 505 Walnut St AUTHORIZED REPRESENTATIVE /��,�, �,�ma,.��-wy�-,yq Monticello MN 55362-8821 �p Yj�(I/)OA� LU ^' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City Council Agenda: 4/22/2024 2E. Consideration of approving closure of Walnut Street from 6t" Street to 3rd Street and a portion of the West Parking Lot and the Senior Center Lot at the Monticello Communitv Center from 8 a.m. - 12 p.m. on Saturday. June 8, 2024, for Walk & Roll Prepared by: Parks, Arts and Recreation Director Reviewed by: N/A ACTION REQUESTED Meeting Date 4/22/2024 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Motion to approve closure of Walnut Street from 61" Street to 3rd Street and a portion of the West Parking Lot at the Senior Center Lot (south lot) at the Monticello Community Center from 8 a.m. - 12 p.m. on Saturday, June 8, 2024, for Walk & Roll activities. REFERENCE AND BACKGROUND Walk & Roll event is planned for Saturday, June 8. City Council is asked to authorize closing Walnut Street from 61" Street to 3rd Street and a portion of the West Community Center Parking Lot on the day of the event from 8 a.m. -12 p.m. to promote safety for the associated activities. The closure facilitates the use of a designated route starting in the MCC lot, looping down Walnut St, and concluding back in parking lot for the bike drawing and other activities. The closures will be coordinated among staff and in conjunction with Wright County Sheriff's Office. I. Budget Impact: N/A II. Staff Workload Impact: Park/Street Department assistance prior to the event for signing and barriers required for the closure. III. Comprehensive Plan Impact: Walk & Roll event request supports several Monticello 2040 Value statements, including celebrating Monticello's parks and pathways, a healthy community focusing on wellness and being inclusive and welcoming to all. STAFF RECOMMENDED ACTION Staff recommend approving the closure of the noted streets on the route and a portion of the parking lot at the Monticello Community Center to facilitate pedestrians moving along Walnut Street for the event. 411]Z111Ci1111V[c"I _t<L1 A. Special Event Application B. 2024 Walk & Roll route map CITY +7F monticdo Property Address CITY OF MONTICELLO City Clerk 505 Walnut Street, Suite 1 Monticello, MN 55362 (763) 295-2711 inf6C ci.monticello.mn.us Property Legal Description Property ID Number PROPERTY INFORMATION PROPERTY OWNER INFORMATION Owner Name Citv of Monticello Owner Address Owner Phone Owner Email Applicant Name Applicant Address Applicant Phone Applicant Email Name of Event Location/Address of Event Dates & Times of Event APPLICANT INFORMATION Special Event Permit Application Checklist Cite of Mnntirplln 505 Walnut St. Monticello. MN 55362 763-295-2711 infoCcDci.monticello.mn.us Walk & Roll Walnut Street including partial Block 35 Lot Saturday. June 8 from 9 -12 o.m. Complete Application Required The review and consideration of an application submitted shall only occur if such application includes all items that are required in support of the application and is deemed complete by the City Clerk's Office. Application Submission Schedule Application, required information, and payment must be submitted no later than 30 working days prior to desired approval date. Application Information Applicants shall note that in addition to a special event permits, any liquor license or permit, sign permits and building permits for tents may also be required and are not included within the special event permit application and approval. Any requested use of City facilities, City staff resources, City equipment, and/or City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council. In addition, events which occur after 10 PM may requires review and approval by the City Council as related to noise ordinances. Please provide clear information in the application regarding these requests. APPLICANT APPLICATION SUBMITTAL REQUIREMENTS CITY CHECK -IN CHECK A written narrative including: 1. A description of the proposed special event, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and 2. An explanation of how the proposed special event will meet each of the review criteria specified by code (on reverse), as well as any additional criteria that may apply for the specific use. 3. Any requested use of City facilities, City staff resources, City equipment and City property (including rights of way) and/or any requested waiver of application fee or park rental fees requires review and approval by the City Council A site plan showing all information necessary to accurately depict how the proposed use will function on the site. Information required on the site plan shall include but not be limited to: 1. The location of all existing and proposed structures; 2. Driveways and parking areas; 3. Proposed storage spaces; 4. Natural features such as woodlands, wetlands, shorelines, etc; 5. Proposed number of parking spaces (if applicable). If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to a site plan. Any event proposing to erect a temporary tent structure is required to obtain a permit from the Monticello Department of Building and Safety and Code Enforcement. Certificate of insurance/liability coverage. Electronic copies of all written narratives and plan sets required above. Application fee: $50 $25 —for non-profit/charitable organization Special Event Review Process • The City Clerk will review all applications. • Applications determined to conform with the approval criteria outlined in Monticello Zoning Code Section 2.4(L)(4)(a) and listed below shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. • Applications not conforming with the approval criteria outlined in Section 2.4(L)(4)(a) shall be denied by the Community Development Department. • A notice of denial shall be provided to the applicant which includes all identified reasons for denial. 2 Special Event Temporary Use Permit Approval Criteria Approval of a Special Event Permit shall only be granted once the City Clerk has determined the use shall: • Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; • Be compatible with the principal uses taking place on the site; • Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; • Not include permanent alterations to the site; • Not maintain temporary signs associated with the use or structure after the activity ends; • Not violate the applicable conditions of approval that apply to a site or use on the site; • Not interfere with the normal operations of any permanent use located on the property; and • Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands. • Not create an unreasonable risk of significant: 1. Damage to public or private property, beyond normal wear and tear; 2. Injury to persons; 3. Public or private disturbances or nuisances; 4. Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; 5. Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and 6. Other adverse effects upon the public health, safety, or welfare. The special event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event. The special event shall not conflict with another permitted special event at the same location in a manner that will negatively impact the public health, welfare, or safety. Special Event Temporary Use Permit Conditions of Approval In approving the Special Event Permit, the City Clerk's Office is authorized to impose such conditions upon the issuance of the permit as may be necessary to reduce or minimize any potential adverse impacts upon other property in the area, as long as the condition relates to a situation created or aggravated by the proposed special event. The Community Development Department is authorized, where appropriate, to require: 1. Provision of temporary parking facilities, including vehicular access and egress. 2. Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat. 3. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards. 4. Provision of sanitary and medical facilities. 5. Provision of solid waste collection and disposal. 6. Provision of security and safety measures. 7. Use of an alternative location or date for the proposed special event. 8. Modification or elimination of certain proposed activities. 9. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested or specified in this subsection. 10. Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition. 3 Duration of Permit A temporary use permit for a special event authorized in accordance with this subsection shall be limited to a maximum duration of 14 days per site per calendar year, unless otherwise specifically authorized by the City Clerk. Property Owner's Statement I am the fee title owner of the described property and I agree to this application. I certify that I am in compliance with all ordinance requirements and conditions regarding other City approval that have been previously granted. (Signature) (Date) Applicant's Statement This application shall be processed in my name and I am the party whom the City should contact regarding the application. I have completed all of the applicable filing requirements and I hereby acknowledge that I have read and fully understand the applicable provisions of the City Ordinances and current policies related to this application and that the documents and information I have submitted are true and correct. (Signature) (Date) CITY APPROVAL (City Clerk Signature) (Date) (Community Development or Building Dept Signature) (Date) Special Event Permit Approved ❑ Denied ❑ Approval is granted with the following conditions: Internal review checklist (as applicable): Public Works Routing Admin I Parks I Streets Director Law Enforcement Notification Building Department (Tents) Monticello Community Center Room/Park Reservations uirements Applicant Public Works Law Enforcement Notification City Clerk Monticello Community Center Room/Park Reservations Liability Insurance Certificate Received Surrounding Property Owner Notification Complete 4 o. WALK T Si f aP�q Ilia NEW THIS YEAR: Walk & Roll will begin and end in the West MCC Parking Lot. Stop at the CentraCare Booth at the Park Barn to get a new bike helmet for only $3! Pick up your Pathport at the Chamber Booth #1 (Only 1 Pathport Needed per Family) Visit Pathway Partner Booths along Walnut Get a checkmark in your pathport next to each booth you visit. Turn in your pathport at the MontiArts Booth (Next to the DJ stage in tghe MCC Parking Lot) to receive your prize ticket. Live Prize Drawing at 11 a.m. MUST BE PRESENT M WIN! / SATURDAY JUNE 8 a � 9-12PM .. III .j is • Mao _ , -)Ldl l t11S I-Uutf to register as a • � • • • booth vendor Now • " and/or to sponsor a bike! $200/bike • . Sri ., _ �� r s L• �� 19 , . OZ -rim MA ar 91 City Council Agenda: 4/22/2024 2F. Consideration of adopting Resolution 2024-35 supporting retention of local land use authority and authorizing submission of a letter to Governor Walz regarding the same Prepared by: Meeting Date: ® Consent Agenda Item Community Development Director 4/22/2024 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Resolution 2024-35 supporting retention of local land use authority and authorizing submission of a letter to Governor Walz regarding the same. REFERENCE AND BACKGROUND During the 2024 state legislative session, several bills that would preempt local zoning and subdivision authority were introduced in both the House and Senate. Recent versions of both the House and Senate bills are attached for reference. The language in these two bills will significantly impact local land use authority, ignore the efforts local governments have made to address the housing needs unique to their community, and have negative consequences for taxpayers. The proposed language in the bills, which universally mandates use type, density, and lot requirements for all Minnesota communities, would eliminate the ability of each unique Minnesota community to provide the housing most needed in their community. In addition to the one -size -fits all approach to zoning and subdivision represented in these bills, they critically remove the ability for residents and property owners to have their voices heard in the process for certain multi -family land use applications, a foundational aspect of Minnesota's land use process. Further, they include language to restrict a thorough review of building permit applications. A complete building permit review is critical to ensuring the health and safety of all who reside in and visit buildings in our community. Finally, the bills proposed significantly impact the ability to adequately plan for vital public infrastructure in our communities and neighborhoods. In fact, these bills would require new and additional review of the comprehensive utility studies Monticello has already completed to responsibly plan for infrastructure. This will directly impact current and future taxpayers. Monticello's zoning and subdivision requirements were adopted to align with the Monticello 2040 Plan. The 2040 Plan is a long-range document developed by and for the community, City Council Agenda: 4/22/2024 addressing our individual community needs and identifying policies to grow and maintain neighborhoods reflective of Monticello's goals. Consistent with the vision established by the community itself through rigorous public engagement, the City of Monticello is committed to promoting development at all levels of the housing continuum. The City will continue to evaluate ordinances and development project proposals based on the Monticello 2040 plan and supporting documents, such as the 2023 Housing Study. The resolution included for adoption affirms the City Council's support for opposing this legislation and preserving Monticello's ability to work with the development community to ensure the health, welfare, and safety of our residents. Further, it is requested that the Council authorize submission of a letter to Governor Walz opposing this legislation. A draft letter was prepared by the City of Ramsey for consideration of partnering support by other Minnesota cities. Budget Impact: None directly related to the resolution and letter. II. Staff Workload Impact: Staff have been following this session's action on zoning and subdivision preemption closely. An estimated 10 hours of staff time has been spent evaluating action. III. Comprehensive Plan Impact: As noted above, the action requested is in direct support of Monticello's 2040 Plan goals for housing and land use in the community. STAFF RECOMMENDED ACTION Staff recommend adoption of the resolution and supporting letter to Governor Walz. Consistent with the vision established by the community itself through rigorous public engagement, the City of Monticello is committed to promoting development at all levels of the housing continuum. Broad preemption of local zoning and subdivision authority would have significant impacts on Monticello's ability to achieve its adopted Monticello 2040 Vision + Plan goals and does not allow individual communities to address their specific housing needs. SUPPORTING DATA A. Resolution 2024-35 B. Letter to Governor Walz, Draft C. Current House (HF 4010) and Senate File (SF 1370) Information D. League of MN Cities Update, April 15, 2024 CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2024-35 SUPPORTING RETENTION OF CITY LAND USE AND ZONING AUTHORITY WHEREAS, decisions about local land use and zoning that best fit community needs are best left to City residents and officials; WHEREAS, cities use land use and zoning regulations to balance property compatibility, plan for community growth, dedicate space and capacity for public infrastructure to support development (streets, parks and trails, transportation, sewer, stormwater, water, etc.), mitigate flooding and erosion, and preserve natural resources among others; WHEREAS, the Minnesota State Legislature, in an attempt to address housing availability and affordability challenges, is considering measures that would preempt city authority to regulate land use and zoning and assign that authority to State government; WHEREAS, passage of those measures would inadequately address housing availability and affordability challenges; WHEREAS, a rigid framework for land use and zoning mandated by the State makes little sense and cities require flexibility to address their own unique circumstances; WHEREAS, these measures would significantly impact the ability to adequately plan for vital public infrastructure in our communities and neighborhoods, including streets, pathways and parks and negate the work Monticello has already completed to responsibly plan for infrastructure; WHEREAS, provisions of the proposed State measures would place the fiscal burden for infrastructure cost of new residential development on the shoulders of existing homeowners and renters in our local communities; WHEREAS, building of multiple housing units on a single residential lot with inadequate spacing, as allowed in the proposed zoning preemption measures, could result in service delivery problems like limiting emergency medical services and fire departments' access to city neighborhoods; WHEREAS, provisions would also silence local residents from their concerns regarding proposed developments during public comment periods of City Council and Planning Commission meetings; WHEREAS, the City of Monticello has already invested greatly in its commitment to leading the community through innovative communication to address zoning issues, and continue to do so, with the help of community engagement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: The City of Monticello opposes state proposals that seek to preempt local zoning and land use decision -making when it comes to residential development; 2. The City of Monticello supports constructive policy alternatives to incentivize and bolster city efforts for addressing housing challenges; 3. The City of Monticello advocates for a city-state partnership to consider reforms that are proven to address housing availability and affordability and that ensure efforts can be locally led and shaped. ADOPTED by the Monticello City Council this 22nd day of April, 2024. ATTEST: Jennifer Schreiber, City Clerk 2 City of Monticello Lloyd Hilgart, Mayor April XX, 2024 Governor Tim Walz 130 State Capitol 75 Rev Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Re: Retention of City Zoning Authority Dear Governor Walz, We, the cities of Ramsey, are writing to you to convey our support and commitment ensuring every individual and family can find their home and hope it is within Minnesota. We do want to share our deepest concerns at what we see as the exceptionally ill-advised and harmful efforts presently circulating in the legislature that seek to eliminate or reduce the role of cities in zoning decisions. We are the level of government that most impacts our citizens. We are the first level of government that protects the health and safety of Minnesotan, as well as their property and the livability of their communities. While we appreciate the efforts being made to address the housing crisis, we also believe the proposed legislation being considered does not align with the unique needs and challenges faced by local communities across the state. We always have taken seriously our role in community planning. Our zoning codes and enforcement practices serve as models not only for other communities in our own state, but across the country. If passed in any form, the current proposed legislation will cause grievance and undue hardship for our cities by changing local control on setbacks, limiting parking requirements, mandating types of housing on residential lots, authorizing subdivision of residential lots, mandating local minimum densities, controlling replacement of affordable housing while simultaneously commandeering the use of private property, restricting the use of appliances and removing both the public and elected officials from the review process among many other detrimental items in the legislation. The special interest groups, not answerable to any communities in the state, are seeking to reap unrestricted profits for themselves while ignoring the financial impact and potential danger their projects and their efforts will have on the citizens of a given community. This legislation does nothing to guarantee or increase affordable housing but may in fact increase the unaffordability and unattainability of home ownership by mandating and prioritizing efficiency over affordability. For example, cities throughout Minnesota actively seek out and allow to be built multifamily units, have always been keenly aware of the need for affordable housing, and have engaged in careful planning and marketing for a rapidly developing regions or to address local needs. An increase in the development of commercial properties in our areas will greatly broaden the tax base now as it has in the past. Many of these properties have been provided with available sewer and water that has been carefully designed to address future capacity needs. If the provisions we have seen circulating in the legislature were to come to pass, cities would be unable to prevent a multi -family developer to build on any or all of those sites. Not only would there no longer be a requirement for careful traffic studies to anticipate traffic and safety issues, but the resulting development would increase traffic levels as well as service calls for things like police and fire without creating sufficient tax revenue to offset those increase costs and infrastructure expansions. Worse, in some parts of the city where those services are not yet available, they could require the city to provide them without paying those costs. This legislation would appear to be a case study of special interests and uninformed reformers seeking to impose a harmful outcome for most citizens in the cities we represent. Serving as stewards of our respective communities, we firmly believe in transparency throughout every aspect of the public process and that it is important to ensure that every resident has a meaningful opportunity to contribute to decisions made by their government. Limiting public hearings not only restricts the voices of constituents but removes the ability of public comment to affect positive change to development proposals that benefit both the proposed development and the existing community surrounding new development. Our concerns about legislative bills HF 4009/SF 3964, HF 4010/SF 3980 and HF 1667/SF 1370 stem from our commitment to safety, environmental preservation, and stable communities for current and future generations. We strongly believe further pursuit of this legislation, or any modification thereof is detrimental to building resilient, safe, and thriving communities. We would very much like to invite the members of the legislature prior to considering these measures to visit our communities and see how well cities with effective and active zoning and planning histories and practices operate to the benefit of all Minnesotans. On behalf of the City Council and Ramsey Residents, Mark E. Kuzma, Mayor Cc: Minnesota State Senators and Representatives HF4010 FIRST ENGROSSMENT REVISOR KRI3 H4010-1 This Document can be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES NINETY-THIRD SESSION H. F. NO. 4010 02/19/2024 Authored by Kozlowski, Howard, Agbaje, Hollins, Wolgamott and others The bill was read for the first time and referred to the Committee on Housing Finance and Policy 04/02/2024 Adoption of Report: Amended and re -referred to the Committee on State and Local Government Finance and Policy 1.1 A bill for an act 1.2 relating to local government; establishing requirements for multifamily residential 1.3 developments in cities; proposing coding for new law in Minnesota Statutes, 1.4 chapter 462. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. 1462.35711 MULTIFAMILY RESIDENTIAL DEVELOPMENTS. 1.7 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have 1,8 the meanings given. 1.9 (b) "Affordable housing development" means a multifamily residential development in 1.10 which: 1.11 (1) at least 20 percent of the residential units are for households whose incomes do not 1.12 exceed 50 percent of the greater of the statewide or area median income; or 1.13 (2) at least 40 percent of the residential units are for households whose incomes do not 1.14 exceed 60 percent of the greater of the statewide or area median income. 1.15 The deed or declaration for an affordable residential unit must also contain a restrictive 1.16 covenant requiring the property to remain affordable housing for at least 30 years. 1.17 (c) "City" means a home rule charter or statutory city. 1.19 (d) "Commercial use" means the use of land or buildings, in whole or in part, for the 1.19 sale, lease, rental, or trade of products, goods, and services. 1.20 (e) "Cottage housing" means residential dwelling units on a lot with a common open 121 space that either: Section 1. HF4010 FIRST ENGROSSMENT REVISOR KRB H4010-1 2.1 (1) is owned in common; or 2.2 (2) has units owned as condominium units with property owned in common and a 2.3 minimum of 20 percent of the lot size as open space. 2.4 (f) "Courtyard apartment" means a building with up to four attached residential dwelling 2.5 units arranged on two or three sides of a yard or garden. 2.6 (g) "Duplex" means a two-family home, classified as an IRC-2 in the State Building 2.7 Code and not meeting the definition of townhouse. 2.8 (h) "Environmental justice area" has the meaniniven in section 116.065, subdivision 2.9 1. 2.10 (i) "Fiveplex" means a building containing five residential dwelling units intended for 2.11 nontransient occupancy and not meeting the definition of townhouse. 2.12 (j) "Fourplex" means a building containing four residential dwelling units intended for 2.13 nontransient occupancy and not meeting the defi-nition of townhouse. 2.14 (k) "Metropolitan area" has the meaning given in section 473.121, subdivision 2. 2.15 (1) "Multifamily residential development" means a single residential building with at 2.16 least 13 units or a mixed -use building with commercial use on the ground floor and at least 2.17 half of the usable square footage is for residential use. Multifamily residential development 2.18 does not include the following housing types: 2.19 (1) duplexes; 2.20 (2) triplexes; 2.21 (3) fourplexes; 2.22 (4) fiveplexes; 223 (5) sixplexes; 2.24 (6) townhouses; 2.25 (7) stacked flats; 2.26 (8) courtyard apartments; 2.27 (9) cottage housing; and 2.28 (10) single-family detached homes. 2.29 (m) "Residential unit" means a residential dwelling for the use of a single owner or 2.30 tenant. Section 1. 2 HF4010 FIRST ENGROSSMENT REVISOR KRI3 H4010-1 3.1 (n) "Single-family detached home" means any building that contains one residential 3.2 dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out 3.3 to be occupied, or occupied for living purposes that is not attached to another structure. 3.4 (o) "Sixplex" means a building containing six residential dwelling units intended for 3s nontransient occupancy and not meeting the definition of townhouse. 3.6 (p) "Stacked flat" means a nontransient residential building of no more than three stories 3.7 on a lot zoned for residential development in which each floor is a residential dwelling unit. 3_8 (q) "Structure" means anything constructed or installed for residential or commercial 3.9 use that requires a location on a parcel of land. Structure does not include nonconformities. 3.10 (r) "Townhouse" means a single-family residential dwelling unit constructed in a group 3.11 of three or more attached units in which each unit extends from the foundation to the roof 3.12 and with open space on at least two sides. Each single-family residential dwelling unit shall 3.13 be considered to be a separate building. Separate building service utilities shall be provided 3.14 to each single-family residential dwelling unit when required by the Minnesota State Building 3.15 Code. 3 16 (s) "Triplex" means a building containing three residential dwelling units intended for 3.17 nontransient occupancy and not meeting the definition of townhouse. 3,18 Subd. 2. Multifamily residential developments. (a) Subject to compliance with all 3.19 municipal zoning standards, multifamily residential developments shall be a permitted use 3.20 in any zoning district that allows for a commercial use, except for: 3.21 (1) industrial zoning districts where a commercial use is not allowed; or 3.22 (2) industrial zoning districts that are located in environmental justice areas. 3.23 (b) A multifamily residential development may not be constructed on a lot zoned for a 3.24 single-family detached home unless otherwise authorized by law, rule, or ordinance. 3.25 (c) A city may require a conditional use permit for a multifamily residential development 3.26 only if the specific circumstances of the development raise concerns related to the public 3.27 health, safety, and general welfare. 3.28 Subd. 3. Applicable zoning standards. (a) A multifamily residential development must 3.29 comply with any standards, performance conditions, or requirements, including the adequacy 3.30 of existing public infrastructure, imposed by a city to promote the public health, safety, and 3.31 general welfare. Section 1. 3 HF4010 FIRST ENGROSSMENT REVISOR KRB H4010-1 4.1 (b) A city must not impose a height requirement on a multifamily residential development 4.2 that is less than the following: 4.3 (1) in a city of the first class, 75 feet; 4.4 (2) in a city of the second class, 45 feet; 4.5 (3) in a city of the third class in the metropolitan area, 45 feet; or. 4.6 (4) in a city of the third class outside of the metropolitan area, 35 feet. 4.7 (c) A city must not impose a setback requirement on a multifamily residential 4.8 development that is greater than the smallest required minimum setback distance of any 4.9 other structure in the same zoning district of the parcel on which the development will be 4.10 built. 4.11 (d) A city may impose a height or setback requirement that is different from the 4.12 requirements in this subdivision if such requirements would result in a multifamily residential 4.13 development that would substantially vary in compatibility and scale with surrounding 4.14 properties. 4.15 (e) This subdivision does not apply to a city of the fourth class. 4.16 Subd. 4. Parking requirements limited. A city may not require more than one off-street 4.17 parking space per residential unit, except that additional disability parking spaces may be 4.19 required to meet the requirements of the Americans with Disabilities Act. 4.19 Subd. 5. Affordable housing development; height and mass requirements. An 4.20 affordable housing development must be permitted to exceed one or more maximum 4.21 dimensional standards imposed by city official zoning controls as a zoning density bonus. 4.22 A zoning density bonus offered by a city for an affordable housing development may include 4.23 one or more of the following dimensional standards above the maximum base zoning 4.24 regulations: 4.25 (1) a building height increase of at least 35 feet; 4.26 (2) an increased floor area ratio; 4.27 (3) an increased number of units per acre; 4.28 (4) an increased total number of units; 4.29 (5) a higher percentage of lot covera ems; or 4.30 (6) other dimensional standards that increase buildin,9 size by at least 30 percent more 4.31 than what is allowed for market -rate multifamily residential developments. Section 1. 4 HF4010 FIRST ENGROSSMENT REVISOR KRB H4010-1 5.1 Subd. 6. Administrative review process. (a) Notwithstanding any law, rule, or ordinance 5.2 to the contrary, a city must establish an administrative review process subject to the 5.3 procedures in section 15.99 for a multifamily residential development meeting the 5.4 requirements of this section. 5.5 (b) An application reviewed through an administrative review process or other process 5.6 may not be approved contingent on factors not related to the protection of the public health, 5.7 safety, and welfare; the completion of a study; or the development being a part of a planned 5.8 unit development if the multifamily residential development complies with this section. 5.9 Subd. 7. Exceptions. (a) Nothing in this section authorizes a multifamily residential 5.10 development that is prohibited by state or federal law or rule, or is prohibited under an 5.11 ordinance adopted pursuant to such a state or federal law or rule, that protects floodplains, 5.12 areas of critical or historic concern, wild and scenic rivers, shore land, or that otherwise 5.13 restrict residential units to protect and preserve the public health, the environment, or scenic 5.14 areas. 5.15 (b) A multifamily residential development may not be inconsistent with approved plans 5.16 under chapter 103B. 5.17 EFFECTIVE DATE. This section is effective January 1, 2025. Section 1. 5 SF 1370 REVISOR .1SK S 1370-1 1 st Engrossment SENATE STATE OF MINNESOTA NINETY-THIRD SESSION S.F. NO. 1370 (SENATE AUTHORS: PORT, Mitchell and Fateh) DATE D-PG OFFICIAL STATUS 02/08/2023 733 Introduction and first reading Referred to Housing and Homelessness Prevention 03/22/2023 2199 Comm report: To pass 2199 Second reading 11498 Rule 47, returned to Housing and Homelessness Prevention 03/13/2024 12159a Comm report: To pass as amended and re -refer to State and Local Government and Veterans 12197 Author added Mitchell 04/15/2024 Author added Fateh A bill for an act 1.2 relating to housing; amending provisions relating to building permit processing 1.3 and fees; amending provisions relating to land use and planning; prohibiting 1.4 counties and municipalities from enacting ordinances prohibiting emergency shelter 1.5 facilities; establishing requirements for municipalities to allow multifamily 1.6 residential developments; defining middle housing; requiring permitting middle 1.7 housing types in residential areas; authorizing accessory dwelling units; limiting 1.8 off-street parking requirements for residential development; limiting aesthetic 1.9 mandates on residential project approvals; limiting requirements for homeowners 1.10 associations on residential project approvals; amending Minnesota Statutes 2022, 1.11 sections 15.99, subdivisions 1, 2; 326B.153, by adding a subdivision; 394.25, by 1.12 adding subdivisions; 462.357, by adding a subdivision; proposing coding for new 1.13 law in Minnesota Statutes, chapter 462. L 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2022, section 15.99, subdivision 1, is amended to read: 1.16 Subdivision 1. Definitions. (a) For purposes of this section, the following terms shall 1.17 have the meanings given. 1.19 (b) "Agency" means a department, agency, board, commission, or other group in the 1.19 executive branch of state government; a statutory or home rule charter city, county, town, 1.20 or school district; any metropolitan agency or regional entity; and any other political 1.21 subdivision of the state. 1 22 (c) "Request" means a written application for a building permit, or a written application 1.23 related to zoning, septic systems, watershed district review, soil and water conservation 1.24 district review, or the expansion of the metropolitan urban service area, for a permit, license, 1.25 or other governmental approval of an action. A request must be submitted in writing to the 1.26 agency on an application form provided by the agency, if one exists. The agency may reject Section 1. 1 SF1370 REVISOR JSK S1370-1 1st Engrossment 2.1 as incomplete a request not on a form of the agency if the request does not include 2.2 information required by the agency. A request not on a form of the agency must clearly 2.3 identify on the first page the specific permit, license, or other governmental approval being 2.4 sought. No request shall be deemed made if not in compliance with this paragraph. 2.5 (d) "Applicant" means a person submitting a request under this section. An applicant 2.6 may designate a person to act on the applicant's behalf regarding a request under this section 2.7 and any action taken by or notice given to the applicant's designee related to the request 2.8 shall be deemed taken by or given to the applicant. 2.9 Sec. 2. Minnesota Statutes 2022, section 15.99, subdivision 2, is amended to read: 2.10 Subd. 2. Deadline for response. (a) Except as otherwise provided in this section, section 2.11 462.358, subdivision 3b, or 473.175, or chapter 505, and notwithstanding any other law to 2.12 the contrary, an agency must approve or deny within 60 days a written request for a building 2.13 pennit, or a written request relating to zoning, septic systems, watershed district review, 2.14 soil and water conservation district review, or expansion of the metropolitan urban service 2.15 area for a permit, license, or other governmental approval of an action. Failure of an agency 2.16 to deny a request within 60 days is approval of the request. If an agency denies the request, 2.17 it must state in writing the reasons for the denial at the time that it denies the request. 2.18 (b) When a vote on a resolution or properly made motion to approve a request fails for 2.19 any reason, the failure shall constitute a denial of the request provided that those voting 2.20 against the motion state on the record the reasons why they oppose the request. A denial of 2.21 a request because of a failure to approve a resolution or motion does not preclude an 2.22 immediate submission of a same or similar request. 2.23 (c) Except as provided in paragraph (b), if an agency, other than a multimember governing 2.24 body, denies the request, it must state in writing the reasons for the denial at the time that 225 it denies the request. If a multimember governing body denies a request, it must state the 2.26 reasons for denial on the record and provide the applicant in writing a statement of the 2.27 reasons for the denial. If the written statement is not adopted at the same time as the denial, 2.28 it must be adopted at the next meeting following the denial of the request but before the 2.29 expiration of the time allowed for making a decision under this section. The written statement 2.30 must be consistent with the reasons stated in the record at the time of the denial. The written 2.31 statement must be provided to the applicant upon adoption. Sec. 2. 2 SF1370 REVISOR JSK S1370-1 1st Engrossment 3.1 Sec. 3. Minnesota Statutes 2022, section 326B.153, is amended by adding a subdivision 3.2 to read: 3.3 Subd. 5. Valuation. The commissioner must establish a cost -per -square -foot valuation 3.4 of residential buildings for the purpose of setting building permit fees by municipalities. 3.5 Residential buildings include one- and two-family buildings, townhouse buildings, and 3.6 accessory buildings. 3.7 Sec. 4. Minnesota Statutes 2022, section 394.25, is amended by adding a subdivision to 3.s read: 3.9 Subd. 11. Emergency shelter facility. (a) "Emergency shelter facility" means a facility 3.10 that provides a safe, sanitary, accessible, and suitable emergency shelter for individuals and 3.11 families experiencing homelessness, regardless of whether the facility provides emergency 3.12 shelter during the day, overnight, or both. The emergency shelter facility must conform 3.13 with the State Building Code under chapter 326B and the State Fire Code under chapter 3.14 299F. 3.15 (b) A county shall not enact, amend, or enforce a zoning ordinance that prohibits 3.16 emergency shelter facilities. A county may prohibit an emergency shelter facility in areas 3.17 zoned for residential, agricultural, or heavy industrial uses, or as required by law to conform 3.18 with the State Building Code, State Fire Code, or other state requirements. 3.19 Sec. 5. Minnesota Statutes 2022, section 394.25, is amended by adding a subdivision to 3.20 read: 3.21 Subd. 12. Homeowners associations. (a) A county must not condition approval of a 3.22 residential building permit, residential subdivision development, or residential planned unit 3.23 development on the creation of a homeowners association or on the inclusion of any terms 3.24 in a homeowners association bylaws, articles of incorporation, or any other governing 3.25 document that is not required under state law. 3.26 (b) A county must not require that a residential property be part of a homeowners 3.27 association or provide an incentive for such membership. The county must also not require 3.28 or incentivize a homeowners association to adopt terms or conditions not required under 3.29 state law. Sec. 5. 3 SF 1370 REVISOR JSK S 1370-1 I st Engrossment 4.1 Sec. 6. Minnesota Statutes 2022, section 462.357, is amended by adding a subdivision to 4.2 read: 4.3 Subd. lj. Emergency shelter facility. (a) "Emergency shelter facility" means a facility 4.4 that provides a safe, sanitary, accessible, and suitable emergency shelter for individuals and 4.5 families experiencing homelessness, regardless of whether the facility provides emergency. 4.6 shelter during the day, overnight, or both. The emergency shelter facility must conform 4.7 with the State Building Code under chapter 326B and the State Fire Code under chapter 4.s 299F. 4.9 (b) A municipality shall not enact, amend, or enforce a zoning ordinance that prohibits 4.10 emergency shelter facilities. A municipality may prohibit an emergency shelter facility in 4.1 1 areas zoned for residential, or agricultural, or heavy industrial uses, or as required by law 4.12 to conform with the State Building Code, State Fire Code, or other state requirements. 4.13 Sec. 7. 1462.35711 MULTIFAMILY RESIDENTIAL DEVELOPMENTS. 4.14 Subdivision 1. Definitions. (a) For the purposes ofthis section, the following terms have 4.15 the meanings given. 4.16 (b) "Affordable housing development" means a multifamily residential development in 4.17 which: 4.18 (1) at least 20 percent of the residential units are for households whose incomes do not 4.19 exceed 50 percent of the area median income; or 4.20 (2) at least 40 percent of the residential units are for households whose incomes do not 4.21 exceed 60 percent of the area median income. 4.22 The deed or declaration for an affordable residential unit must also contain a restrictive 4.23 covenant requiring the property to remain affordable housing for at least 30 years. 4.24 (c) "Municipality" means a home rule charter city, statutory city, or town. 4.25 (d) "Multifamily residential development" means a single residential building with more 4.26 than eight dwelling units or a mixed -use building with commercial use on the ground floor 4.27 and at least half of the usable square footage is for residential uses. Multifamily residential 4.28 development is not middle housing as defined in section 462.3575, subdivision 1. 4.29 (e) "Residential unit" means a residential dwelling for the use of a single owner or tenant. 4.30 Subd. 2. Multifamily residential developments. (a) Multifamily residential 4.31 developments are a permitted use in any mixed -use, multifamily, or commercial zoning 4.32 district, subject to compliance with all municipal standards. Sec. 7. 4 SF1370 REVISOR JSK S1370-I 1st Engrossment 5.1 (b) A multifamily residential development may be mixed use so long as at least 50 5.2 percent of the usable square footage of the development is dedicated to residential use. 5.3 Subd. 3. Applicable zoning standards. (a) A municipality must not impose a height 5.4 requirement on a multifamily residential development that is less than the tallest commercial 5.5 or residential building within a one -quarter mile radius of the parcel on which the 5.6 development will be built or the maximum height permitted under the municipality's official 5.7 controls, whichever is higher. 5,8 (b) A municipality must not impose a setback requirement on a multifamily residential 5.9 development that is more than the smallest minimum setback distance required of a new 5.10 building within a one -quarter mile radius of the parcel on which the development will be 5.11 built. 5.12 Subd. 4. Parking requirements limited. A municipality may not require more than one 5.13 off-street parking space per residential unit. 5.14 Subd. 5. Affordable housing development; height requirements. (a) Subject to section 5.15 462.358, subdivision 2a, an affordable housing development must be permitted to exceed 5.16 both a maximum height requirement and a maximum floor area ratio limitation imposed by 5.17 municipality official controls as provided in paragraphs (b) and (c). The authority in 5.19 paragraphs (b) and (c) that produces the tallest development with the most number of 5.19 affordable housing units on the parcel shall be applied to the affordable housing development. 5.20 (b) An affordable housing development may either: 5.21 (1) exceed the height requirement for the zoning district where the affordable housing 5.22 development will be located by 35 feet in height; or 5.23 (2) match the maximum allowed height in any zoning district within one mile of the 5.24 affordable housing development. 5.25 (c) In addition to all previous allowances, an affordable housing development must be 5.26 permitted to do one of the following, whichever results in the largest development: 5.27 (1) exceed the maximum floor area ratio or dwelling unit count permitted by municipality 5.28 standards or the municipality's comprehensive plan by 30 percent, whichever allows for 5.29 greater density; 5.30 (2) exceed the lot coverage ratio by 30 percent; 5.31 (3) exceed the floor area ratio by 30 percent; or 5.32 (4) exceed the maximum impervious lot coverage area by 30 percent. Sec. 7. 5 SF1370 REVISOR JSK S 1370-1 1st Engrossment 6.1 (d) A municipality that does not approve a project under section 462.358, subdivision 6.2 2a, must provide the applicant with written justification and reasons for the disapproval 6.3 within seven days of the disapproval. Where insufficient infrastructure is the reason for 6.4 disapproval, a municipality must include credentialed evidence in the written justification. 6.5 Subd. 6. State Building Code; State Fire Code. This section is subject to the 6.6 requirements under the State Building Code under chapter 326B and the State Fire Code 6.7 under chapter 299F. 6.8 Sec. 8. 1462.35751 MINIMUM RESIDENTIAL DENSITIES AND ASSOCIATED 6.9 REQUIREMENTS. 6.10 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have 6.11 the meanings given. 6.12 (b) "Accessory dwelling unit" means a smaller, independent residential dwelling unit 6.13 located on the same lot as a dwelling. An accessory dwelling unit may be attached or detached 6.14 from the existing dwelling. Accessory dwelling unit does not include sacred communities 6.15 and micro -unit dwellings under section 327.30 and temporary family health care dwellings 6.16 under section 462.3593. 6.17 (c) "Affordable housing" means a residential dwelling unit affordable to households at 6.18 or below 115 percent of the area median household income, for an owner -occupied unit, or 6.19 at or below 60 percent of the area median household income, for a unit that is leased. The 6.20 deed or declaration for the unit must also contain a restrictive covenant requiring the property 6.21 to remain affordable housing for at least ten years if the unit is owner -occupied, or at least 6.22 30 years if the unit is leased. 6.23 (d) "All -electric and efficient home" means a residential dwelling unit that utilizes 6.24 electricity or a combination of electricity and thermal energy as its sole source of energy 6.25 for heating, hot water heating, cooling, and appliances and meets the most current minimum 6.26 efficiency standards of a zero energy ready home under the Zero Energy Ready Home 6.27 Program administered by United States Department of EnerU. 6.28 (e) "Cottage housing" means residential dwelling units on a lot with a common open 6.29 space that either: 6.30 (1) is owned in common; or 6.31 (2) has units owned as condominium units with property owned in common and a 6.32 minimum of 20 percent of the lot size as open space. Sec. 8. 6 SF 1370 REVISOR JSK S 1370-1 1 st Engrossment 7.1 (f) "Courtyard apartment" means a building with up to four attached residential dwelling 7.2 units arranged on two or three sides of a yard or garden. 7.3 (g) "Duplex" means a two-family home, classified as an IRC-2 in the State Building 7.4 Code and not meeting the definition of townhouse. 7.5 (h) "Fiveplex" means a building containing five residential dwelling units intended for 7.6 nontransient occupancy and not meeting the definition of townhouse. 7.7 (i) "Fourplex" means a building containing four residential dwelling units intended for 7.8 nontransient occupancy and not meeting the definition of townhouse. 7.9 (j) "Lot" means any contiguous parcel of land in the possession of, owned by, or recorded 7.10 as the property of the same claimant or person. 7.11 (k) "Major transit stop" means a stop or station for a guideway or busway, as the terms 7.12 are defined in section 473.4485, subdivision 1. 7.13 (1) "Middle housing" means buildings that are single-family detached homes and 7.14 residential properties that are compatible in scale, form, and character with single-family 7.15 detached homes. Middle housing includes all of the following housing types: 7.16 (1) duplexes; 7 17 (2) triplexes; 7.18 (3) fourplexes; 7.19 (4) fiveplexes; 7.20 (5) sixplexes; 7.21 (6) townhouses; 7.22 (7) stacked flats; 7.23 (8) courtyard apartments; 7.24 (9) cottage housing, 7.25 (10) single-family detached homes; and 7.26 (11) twin homes. 7.27 (m) "Municipality" means a home rule charter city, statutory city, or town. 7.28 (n) "Residential dwelling unit" or "unit" means a residential dwelling unit for the use of 7.29 a single owner or tenant and applies to any type of residential structure unless otherwise 7.30 specified. Sec. 8. 7 SF 1370 REVISOR JSK S 1370-1 1 st Engrossment 8.1 (o) "Single-family detached home" means any building that contains one residential 8.2 dwelling unit used, intended, or designed to be built, used, rented, leased, let, or hired out 8.3 to be occupied, or occupied for living purposes that is not attached to another structure. 8.4 (p) "Sixplex" means a building containing six residential dwelling units intended for 8.5 nontransient occupancy and not meeting the definition of townhouse. 8.6 (q) "Stacked flat" means a nontransient residential building of no more than three stories 8.7 on a lot zoned for residential development in which each floor is a residential dwelling unit. 8.8 (r) "Townhouse" means a single-family residential dwelling unit constructed in a group 8.9 of three or more attached units in which each unit extends from the foundation to the roof 8.10 and with open space on at least two sides. Each single-family residential dwelling unit shall 8.11 be considered a separate building. Separate building service utilities shall be provided to 8.12 each single-family residential dwelling unit when required by the State Building Code. 8.13 (s) "Triplex" means a building containing three residential dwelling units intended for 8.14 nontransient occupancy and not meeting the definition of townhouse. 8.15 Subd. 2. Middle housing types permitted. A municipality must authorize at least six 8.16 types of middle housing other than single-family detached homes to be built on residential 8.17 lots in single-family zones in the municipality to achieve the density requirements in this 8.18 section. 8.19 Subd. 3. Cities of the first class; required residential densities. (a) Subject to section 8.20 462.358, subdivision 2a, a city of the first class must permit the development of at least four 8.21 residential dwelling units on any residential lot that is more than one-half mile from a major 8.22 transit stop, unless one of the following criteria are met: 8.23 (1) if all of the units are all -electric and efficient homes, the city must permit the 8.24 development of at least six residential dwelling units on the lot; 8.25 (2) if at least two of the units are affordable housing, the city must permit the development 8.26 of at least six residential dwelling units on the lot; or 8.27 (3) if all of the units are all -electric and efficient homes and at least two of the units are 8.28 also affordable housing, the city must permit the development of at least eight residential 8.29 dwelling units on the lot. 8.30 (b) Subject to section 472.358, subdivision 2a, a city of the first class must permit the 8.31 development of at least six residential dwelling units on any residential lot that is one-half 8.32 mile or less from a major transit stop, unless one of the following criteria are met: Sec. 8. 8 SF 1370 REVISOR JSK S 1370-1 1 st Engrossment 9.1 (1) if all of the units are all -electric and efficient homes, the city must permit the 9.2 development of at least eight residential dwelling units on the lot; 9.3 (2) if at least two of the units are affordable housing, the city must permit the development 9.4 of at least eight residential dwelling units on the lot; or 9.5 (3) if all of the units are all -electric and efficient homes and at least two of the units are 9.6 also affordable housing, the city must permit the development of at least ten residential 9.7 dwelling units on the lot. 9.8 (c) The requirements of this subdivision apply regardless of the types of middle housing 9.9 authorized by the city under subdivision 2. 9.10 (d) A municipality that does not approve a project under section 462.358, subdivision 9.11 2a, must provide the applicant with written justification and reasons for the disapproval 9.12 within seven days of the disapproval. Where insufficient infrastructure is the reason for 9.13 disapproval, a municipality must include credentialed evidence in the written justification. 9.14 Subd. 4. Other cities and towns; required residential densities. (a) Subject to section 9.15 462.358, subdivision 2a, a city of the second, third, or fourth class or town must permit the 9.16 development of at least two residential dwelling units on any residential lot that is more 9.17 than one-half mile from a major transit stop, unless one of the following criteria are met: 9.18 (1) if all of the units are all -electric and efficient homes, the city or town must permit 9.19 the development of at least three residential dwelling units on the lot; 9.20 (2) if at least two of the units are affordable housing, the city or town must permit the 9.21 development of at least three residential dwelling units on the lot; or 9.22 (3) if all of the units are all -electric and efficient homes and at least two of the units are 9.23 also affordable housing, the city or town must permit the development of at least four 9.24 residential dwelling units on the lot. 9.25 (b) Subject to section 462.358, subdivision 2a, a city of the second, third, or fourth class 9.26 or town must permit the development of at least four residential dwelling units on any 9.27 residential lot that is one-half mile or less from a major transit stop, unless one of the 9.28 following criteria are met: 9.29 (1) if all of the units are all -electric and efficient homes, the city or town must permit 9.30 the development of at least six residential dwelling units on the lot; 9.31 (2) if at least two of the units are affordable housing, the city or town must permit the 9.32 development of at least six residential dwelling units on the lot; or Sec. 8. 9 SF 1370 REVISOR JSK S 1370-1 1 st Engrossment 10.1 (3) if all of the units are all -electric and efficient homes and at least two of the units are 10.2 also affordable housing, the city or town must permit the development of at least eight 10.3 residential dwelling units on the lot. 10.4 (c) The requirements of this subdivision apply regardless of the types of middle housing 10.5 authorized by the city or town under subdivision 2. 10.6 (d) A municipality that does not approve a project under section 462.358, subdivision 10.7 2a, must provide the applicant with written justification and reasons for the disapproval 10.8 within seven days of the disapproval. Where insufficient infrastructure is the reason for 10.9 disapproval, a municipality must include from a public works director or a similarly qualified 10.1 o person evidence in the written justification. 10.11 Subd. 5. Municipal standards. (a) Municipal official controls must not impose standards 10.12 that create practical difficulties in the placement or building of residential units on any lot. 10.13 (b) Any standards, performance conditions, or requirements imposed by a municipality. 10.14 for residential dwelling units permitted under this section must allow for all missing middle 10.15 types authorized under subdivision 2 to be built. 10.16 (c) Any limits or restrictions on missing middle development must directly relate to 10.17 protecting public health, safety, and general welfare. 10.18 Subd. 6. Accessory dwelling units authorized. (a) An accessory dwelling unit may be 10.19 built on any residential lot in a municipality, regardless of total lot size, street frontage, 10.20 connectivity between the accessory dwelling unit and the primary dwelling on the lot, and 10.21 whether the lot is occupied by the property owner. 10.22 (b) A municipality may permit more than one accessory dwelling unit to be built on a 10.23 residential lot. 10.24 Subd. 7. Minimum lot size permitted. (a) A municipality may, by ordinance, require 10.25 a minimum lot size in accordance with this subdivision to which the density requirements 10.26 of subdivisions 3 and 4 apply. 10.27 (b) A minimum lot size for a city of the first class must not be greater than: 10.28 (1) 2,500 square feet for a single-family detached home, duplex, triplex, fourplex, 1029 fiveplex, sixplex, stacked flat, and courtyard apartment; or 10.30 (2) 1,200 square feet for a townhome and cottage housing. 10.31 (c) A minimum lot size for a city of the second, third, or fourth class or a town must not 10.32 be greater than: Sec. 8. 10 SF1370 REVISOR JSK S1370-1 1st Engrossment 11.1 (1) 4,000 square feet for a single-family detached home, duplex, triplex, fourplex, 11.2 fiveplex, sixplex, stacked flat, and courtyard apartment; or 11.3 (2) 1,200 square feet for a townhome and cottage housing. 11.4 Subd. 8. Parking requirements limited. (a) A municipality may not require an off-street 11.5 parking space for a residential dwelling unit that is one-half mile or less from a major transit 11.6 stop. A municipality may require that disability parking spaces be provided in compliance 11.7 with the Americans with Disabilities Act. 11.8 (b) A municipality may not require more than one off-street parking space per residential 11.9 dwelling unit that is over one-half mile from a major transit stop, except that additional 11.1 o disability parking spaces may be required to meet the requirements of the Americans with 1 1.1 i Disabilities Act. 1 t12 Subd. 9. Affordable housing; replacement required. For cities of the first class, 11.13 affordable housing on a residential lot may only be demolished or remodeled for the 11.14 construction of middle housing if the middle housing development will create at least as 11.1 s many affordable housing units as exist in the structure to be demolished or remodeled. This 11,16 subdivision does not apply to housing in a blighted area defined under section 469.002, 11.17 subdivision 11. 11.18 Subd. 10. Alternative density plans. A municipality that adopts zoning controls prior i i .19 to June 30, 2025, that would allow for residential construction leading to an increase in 11.2o density of more than 100 percent in single family zones as pennitted uses is not subject to 11.21 the requirements in this section. 11.22 Subd. 11. Exception. This section does not apply to any parcel located in a floodplain. 11.23 Subd. 12. State Building Code; State Fire Code. This section is subject to the 11.24 requirements under the State Building Code under chapter 326E and the State Fire Code 11.25 under chapter 299F. 11.26 Sec. 9. 1462.35761 LIMITATION ON AESTHETIC MANDATES FOR CITIES. 11.27 A municipality must not condition approval of a residential building permit, residential 11.28 subdivision development, or residential planned unit development on the use of one or more 11.29 of the following, unless to conform with state and local historic district requirements, the 11.30 State Building Code in chapter 326B, and the State Fire Code in chapter 299F: 11.31 (1) specific materials for aesthetic reasons; Sec. 9. 11 SF 1370 REVISOR JSK S 1370-1 1 st Engrossment 12.1 (2) residential building or accessory structure to a residential building minimum square 12.2 footage or floor area ratios; 12.3 (3) design elements for aesthetic reasons including, but not limited to, decks, balconies, 12.4 porches, gables, roof pitch, and elevation design standards; 12.5 (4) garage square footage; or 12.6 (5) common space, pools, or any common property necessitating a homeowner's 12.7 association. 12.8 Sec. 10. 1462.35771 MUNICIPALITIES; HOMEOWNERS ASSOCIATIONS. 12.9 (a) A municipality must not condition approval of a residential building permit, residential 12.10 subdivision development, or residential planned unit development on the creation of a 12.11 homeowners association or on the inclusion of any terns in a homeowners association 12.12 bylaws, articles of incorporation, or any other governing document that is not required under 12.13 state law. 12.14 (b) A municipality must not require that a residential property be part of a homeowners 12,15 association or provide an incentive for such membership. The municipality must also not 12.16 require or incentivize a homeowners association to adopt terms or conditions not required 12.17 under state law. 12.18 Sec. 11. EFFECTIVE DATE. 12.19 This act is effective July 1, 2025. Sec. 11. 12 LALEAGUE C MINNESOTA CITIES Bill to Allow Multifamily Residential Development in Commercial Areas by Right Advances to House Floor April 15, 2024 The bill, as amended, reflects key changes that address issues raised by city officials and the League. On April 12, the House State and Local Government Finance and Policy Committee considered and approved HF 4010, which would require cities to accept multifamily residential developments in certain commercial zoning districts. The bill, authored by Rep. Alicia "Liish" Kozlowski (DFL-Duluth), was amended in committee, and passed on a 6-3 vote to the House floor for full chamber consideration. Amendment addresses key issues raised by cities The amendment reflects key changes that address issues raised by the League and adjusts the bill to include language that would: • Allow cities to establish official controls or ordinances to require that multifamily residential developments include at least the same square footage of commercial space as the previous structure if it is replacing commercial or industrial properties. • Allow cities to require multifamily residential property constructed in a greenfield development situation be mixed use. • Only apply one -parking -space -per -unit parking limitations on units constructed under the bill, and only for multifamily residential developments constructed within a one -quarter mile radius of a major transit stop, as defined in Minnesota Statutes, section 473.4485. • Extend the effective date of the legislation to June 1, 2025. • Remove all references to "middle housing" types. An oral amendment, which was added to the original amendment, removed language encouraging cities to consider affordable housing developments on blighted or deteriorated lots in commercial areas. Testimony on the bill The League provided testimony sharing appreciation for the inclusion of the amendment and for the bill author's willingness to take city feedback and reflect that feedback in this iteration of the bill. The League's testimony stated that, "while legislation that usurps local decision -making authority on zoning for residential development continues to be concerning and is not something we can support, we appreciate these changes to make the bill more workable and acknowledge that Rep. Kozlowski has and will continue to work in good faith with the League and our member cities to find solutions to increase the availability of affordable multifamily housing." Next steps While HF 4010 awaits action from the House, the Senate's version of the multifamily residential developments in commercial areas language is contained in SF 1370 (Sen. Lindsey Port, DFL- Burnsville), which awaits action by the Senate State and Local Government and Veterans Committee. Read more news articles. Your LMC Resource Daniel Lightfoot IGR Representative & Federal Relations Manager (651) 281-1295 or (800) 925-1122 dlightfoot(@Imc.org City Council Agenda: 4/22/2024 2G. Consideration of adopting Resolution 2024-39 accepting public improvements for Featherstone 6th Addition Trunk Utilities Extension Prepared by: Meeting Date: ® Consent Agenda Item Assistant City Engineer 4/22/2024 ❑ Regular Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director, Community Development Director ACTION REQUESTED Motion to adopt Resolution 2024-39 accepting public improvements for Featherstone 6th Addition Trunk Utilities Extension. PREVIOUS COUNCIL ACTION April 25, 2022: City Council approved the final plat and development contract for Featherstone 6th Addition REFERENCE AND BACKGROUND The Featherstone 6th Addition Trunk Utilities Extension project extended watermain and sanitary sewer approximately 600' to the west of the Featherstone 6th Addition residential plat. The improvements have been inspected, tested and approved by the engineering department and public works in conformance with the City's standard specifications. For Featherstone 6th Addition, two development contracts were prepared and executed. One specific to the development of the subdivision of the residential plat of 6th Addition and one for the extension of the trunk utilities. Per the development agreement for the trunk utilities, the developer originally provided a security for the public improvements to ensure completion. It is now recommended to accept the public improvements and release the letter of credit for the public improvements. The developer's contractor, Latour Construction, Inc. has provided a 2- year warranty bond. The securities for the Featherstone 6th Addition residential plat will be retained at this time until the final paving is complete and accepted. I. Budget Impact: N/A II. Staff Workload Impact: Workload impacts are minimal and routine for the project. III. Comprehensive Plan Impact: N/A City Council Agenda: 4/22/2024 STAFF RECOMMENDED ACTION City staff recommends adopting Resolution 2024-39 accepting public improvements for Featherstone 6th Addition trunk extension lines. SUPPORTING DATA • Resolution 2024-39 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2024-39 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS FOR THE FEATHERSTONE 6T" TRUNK UTILITIES WHEREAS, the Featherstone 6th Addition Trunk Utility Extension Development Contract was approved on April 25, 2022; and WHEREAS, the public improvements included trunk utilities of extended watermain and sanitary sewer approximately 600' to west of Featherstone 6th Addition; and WHEREAS, the securities for Featherstone 6th Addition will be retained until the final paving is completed and accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINNESOTA that the public improvements were completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to release the securities remaining for the trunk utility extension improvement. ADOPTED BYthe Monticello City Council this 22nd day of April, 2024. Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 4/22/2024 2H. Consideration of adopting Resolution 2024-37 approving a final plat of Country Club Manor Fourth Addition and the Country Club Manor Fourth Addition Development Agreement, and Resolution 2024-38 adopting assessments pursuant to the Development Contract. Applicant: Monticello MF West LLC; CHC Monticello Townhomes II LLC Prepared by: Steve Grittman, Grittman Consulting, City Planner Reviewed by: Community Development Director, Chief Building Official, Assistant City Engineer, Community and Economic Development Coordinator ACTION REQUESTED Meeting Date: 4/22/2024 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Decision 1: Consideration of a Request for Final Plat and Development Contract of Country Club Manor Fourth Addition. Motion to adopt Resolution 2024-37 approving the Final Plat of Country Club Manor Fourth Addition and Development Contract for Country Club Manor Fourth Addition, based on the findings in said resolution and subject to the conditions in Exhibit Z. Decision 2: Consideration to approve Trunk Utility Assessments for the Plat Motion to adopt Resolution 2024-38 approving assessments related to the plat of Country Club Manor Fourth Addition. PRIOR COUNCIL ACTION September 26, 2022: Final Plat Approval of Country Club Manor Second Addition, Final Stage Planned Unit Development for Country Club Manor Second Addition, Rezoning to Country Club Manor Second Addition PUD District. May 22, 2023: Amendment to Country Club Manor Second Addition PUD District for utility flexibility. June 26, 2023: Replatting of a portion of Country Club Manor Second Addition as Country Club Manor Third Addition. City Council Agenda: 4/22/2024 March 25, 2024: Preliminary Plat approval for Country Club Manor Fourth Addition (replatting to Townhouse Lots); Amendment to the Country Club Manor Second Addition PUD District. March 25, 2024: Vacation of prior public drainage and utility easements in Country Club Manor Second and portions of Third Addition. REFERENCE AND BACKGROUND Property: Legal Description: Lot 1, Block 5, Country Club Manor Second Addition and Outlot A, Country Club Manor Third Addition 9I0M:5 Planning Case Number: 2023-44 155-276-005010 and 155-280-000010 Request(s): Final Plat for Replatting Lot 1, Block 5 of Country Club Manor Second Addition and Outlot A of Country Club Manor Third Addition to Country Club Manor Fourth Addition. Deadline for Decision: Land Use Designation: Mixed Density Residential Zoning Designation: PUD, Country Club Manor Second, Third, and Fourth Addition Planned Unit Development District Overlays/Environmental Regulations Applicable: N/A Current Site Uses: Platted, Unbuilt Surrounding Land Uses: North: Monticello Country Club, Single Family Residential (zoned R-2) East: Single Family Residential (zoned R-1) South: Twinhome PUD (Country Club Manor Second & Third Addition, 60 twinhome units) West: 1-94 Project Description: The subject site is located along 7t" Street, south of County Road 39 and east of Interstate 94, consisting of a single parcel proposed to be developed for 11 zero -lot -line twinhome buildings containing 22 total units. The site is a part of a Planned Unit Development including an original 60 twinhome units on adjacent property platted as City Council Agenda: 4/22/2024 Country Club Manor Third Addition. The subject property for this request was previously approved for one multi -family apartment building as part of the original Country Club Manor Second Addition PUD. This request is proposed to replat the multi -family property, now to be developed similar to the adjacent first phase of twinhomes. The lots will front a new public street cul-de-sac. ANALYSIS Although Monticello MF West LLC and CHC Monticello Townhomes LLC currently own property within the proposed plat area, at the time of the recording of the plat, the entities have indicated that CHC Monticello Townhomes II LLC will become the sole owner of the land area within the Country Club Manor Fourth Addition plat. The final plat and development contract will reflect ownership by the CHC Monticello Townhomes II LLC entity as such. Final Plat The applicant submitted a final plat which conforms to the reconfigured lot requirements of the City Council's preliminary plat approval. The plat meets the other dimensional and easement requirements of the subdivision ordinance, subject to those remaining comments of the City Engineer. The City's standard of review for Final Plat is to determine whether the proposed Final Plat meets the requirements of City regulations, and any conditions of approval added to consideration of the preliminary plat. With the items identified in Exhibit Z, including compliance with the City Engineer's comments, staff believes that the applicant has met this burden. Vacation of Easements The applicants presented an easement vacation petition which was considered by the City Council at a public hearing and review on March 25, 2024, in conjunction with the review of the proposed preliminary plat. The vacations were approved at that meeting, contingent on approval and recording of the final plat. Development Contract The City's subdivision ordinance requires the execution of a development contract which provides for the terms and conditions of plat approval. A development contract was prepared for Council consideration with the plat approval. The contract provides for the required trunk area utility charges associated with the development of the lots. The developer may pay the trunk charges in full, or they may be assessed per the development contract. The development contract also outlines the necessary escrows and securities for inspection of public utilities and planned site improvements. City Council Agenda: 4/22/2024 I. Budget Impact: The applicant submitted the required fee and escrow for purposes of the application review. Any TIF-related impacts will be a separate consideration of the EDA and Council as required. II. Staff Workload Impact: Development Services, Engineering staff, and City consulting engineering and planning were involved in the review of this project. Expenses for review are coded to the project escrow. III. Comprehensive Plan Impact: The proposed amendment to the plat and PUD continues to support senior housing opportunity, a component of the Monticello 2040 Vision + Plan's goals for life -cycle housing and complete neighborhoods. PARC REVIEW AND RECOMMENDATION An update on the proposed change in the plat and PUD was provided to the PARC on January 25, 2024. As the City's dedication requirements are currently based on the value of the land and land area at the time of the final plat, there is no change to the dedication requirements. The PARC's original recommendation was for the developer to complete the pathway running the length of the plat, with cash -in -lieu of the balance of the requirement. That amount was paid in full with the Country Club Manor Second Addition plat. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission recommended approval of the Preliminary Plat and PUD Zoning amendments. The Subdivision Ordinance procedure does not require Planning Commission recommendations on Final Plat or Development Agreement requests. STAFF RECOMMENDED ACTION Planning staff recommend approval for each of the two aspects of this application. Decision 1 relates to approval of the modified Final Plat and Development Contract, incorporating the comments and recommendations of Exhibit Z. Decision 2 would recommend approval of the assessments as noted in the contract. Staff's recommendation is based on findings that the proposed use is consistent with the requirements of the Subdivision Ordinance and the City Council's approval of the Preliminary Plat. SUPPORTING DATA A. Resolution 2024-37, Final Plat, Development Contract for Country Club Manor Fourth Addition B. Resolution 2024-38, Adopting Assessments Pursuant to the Development Contract C. Aerial Image D. Applicant Narrative E. Certificate of Survey with Proposed Conditions, dated February 15, 2024 F. Preliminary Plat of Country Club Manor Fourth Addition City Council Agenda: 4/22/2024 G. Final Plat of Country Club Manor Fourth Addition H. Building Elevations and Renderings I. Civil Plan Set, dated February 16, 2024 (revised and submitted March 14, 2024), including: a. Existing Conditions & Removal b. Civil Site Plan C. Fire Truck Turning Exhibit d. Grading Plan e. Street/Storm Sewer Plan f. Utility Plan g. Sanitary Sewer/Watermain Plan h. Erosion Control Plan i. Civil Details j. Erosion Control Details k. SWPPP Narrative I. Civil Utility Specifications J. Landscape Plan, Revised K. City Engineer's Letter, dated February 29, 2024 L. City Engineer's Letter and Plan Set Comments, dated March 20, 2024 M. Development Contract — Country Club Manor Fourth Addition N. Finance Plan — Country Club Manor Fourth Addition Z. Conditions of Approval City Council Agenda: 4/22/2024 EXHIBIT Z Conditions of Approval Final Plat and Subdivision Development Agreement, Revising Country Club Manor Second Addition and a portion of Country Club Manor Third Addition Replatting as Country Club Manor Fourth Addition The dedication language on the Final Plat is revised to include dedication of the public street, as well as the public drainage and utility easements, as a part of Final Plat approval. 2. The dedication language on the Final Plat is revised to properly document ownership per title commitment and closing requirements. 3. All conditions applied to the City Council's approval of the Preliminary Plat are satisfied. 4. The governing PUD Zoning Ordinance requires the formation and funding of a Homeowners Association, or similar structure and documentation, to manage common property and provide common maintenance, prior to the separate sale of any lot in any phase of Country Club Manor 2nd, 3rd, or 41" Additions, including any subsequent replatting of those additions. 5. The development is constructed in accordance with the terms and conditions identified in the adopted PUD Zoning Ordinance for Country Club Manor Second, Third, and Fourth Additions, in addition to those conditions identified in this Exhibit Z. 6. The applicant executes the governing development agreement necessary to effectuate the revisions approved as a part of these applications. 7. Comments and recommendations of the City Engineer in their report dated February 29, 2024, and March 20, 2024 and the comments of Wright County and MnDOT. 8. Comments and recommendations of other Staff and City Council. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-37 A RESOLUTION APPROVING THE FINAL PLAT OF COUNTRY CLUB MANOR FOURTH ADDITION WHEREAS, the applicant is seeking a replatting of a parcel currently subject to a Planned Unit Development District; and WHEREAS, the proposed plat would consist of development opportunities for up to 22 twinhome units in 11 buildings, and a new public street, all under the requirements of a Planned Unit Development; and WHEREAS, the site has previously been platted as an outlot, held for future multi -family residential development; and WHEREAS, the plat creates a dedication for public street to serve the residential uses in the project area; and WHEREAS, the platted lots will be consistent with requirements of the City's Subdivision and Zoning Ordinance requirements under the appropriate PUD standards; and WHEREAS, the subject property will be developed under the requirements of the Monticello Comprehensive Plan, which designate the land use for the property as Mixed Density Residential; and WHEREAS, the Planning Commission has reviewed the application for the plat pursuant to the regulations of the applicable ordinances and land use plans and policies; and WHEREAS, the Planning Commission held a public hearing on March 41", 2024 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 recommended approval of the amendment to the Country Club Manor Fourth Addition Preliminary Plat, and WHEREAS, the City Council has considered all of the comments of the Planning Commission, the public, and the staff report, which are incorporated by reference into the resolution, and CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-37 WHEREAS, the City Council approved the preliminary plat on March 25, 2024; and WHEREAS, the City Council has reviewed the final plat and has found the plat consistent with the approved preliminary plat; and WHEREAS, the City Council makes the following Findings of Fact in relation to the approval of the final plat: 1. The proposed uses are consistent with the intent and purpose of the original R-3, Medium Density Residential District, and the Country Club Manor Second Additions Planned Unit Development District as adopted. 2. The proposed uses will be consistent with the existing and future land uses in the area in which they are located, including the Monticello Comprehensive Plan. 3. The impacts of the improvements are those anticipated by the existing and future land uses and are addressed through standard review and ordinances as adopted. 4. The proposed access and development details meet the intent and requirements of the applicable zoning regulations and are consistent with the applicable land use policies and ordinances. 5. The proposed plat is not anticipated to negatively impact surrounding residential properties, and instead is expected to encourage long term affordable residential uses on the subject property. 6. Approval of the plat will not result in the need for additional road or utility infrastructure other than that being provided for the proposed use and should not otherwise negatively impact the health or safety of the community. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota that the Monticello City Council approves the Final Plat for Country Club Manor Fourth Addition, subject to the conditions of Exhibit Z of the staff report, as follows: The dedication language on the Final Plat is revised to include dedication of the public street, as well as the public drainage and utility easements, as a part of Final Plat approval. 2. The dedication language on the Final Plat is revised to properly document ownership per title commitment and closing requirements. 3. All conditions applied to the City Council's approval of the Preliminary Plat are satisfied. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA CITY COUNCIL RESOLUTION NO. 2024-37 4. The governing PUD Zoning Ordinance requires the formation and funding of a Homeowners Association, or similar structure and documentation, to manage common property and provide common maintenance, prior to the separate sale of any lot in any phase of Country Club Manor 211, 3r6, or 4t" Additions, including any subsequent replatting of those additions. 5. The development is constructed in accordance with the terms and conditions identified in the adopted PUD Zoning Ordinance for Country Club Manor Second, Third, and Fourth Additions, in addition to those conditions identified in this Exhibit Z. 6. The applicant executes the governing development agreement necessary to effectuate the revisions approved as a part of these applications. 7. Comments and recommendations of the City Engineer in their report dated February 29, 2024, and March 20, 2024, and the comments of Wright County and MnDOT. ADOPTED this 22nd day of April, 2024 by the City Council of the City of Monticello, Minnesota. MONTICELLO CITY COUNCIL By: Lloyd Hilgart, Mayor I►_r111111*115 Jennifer Schreiber, City Clerk CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2024-38 RESOLUTION ADOPTING ASSESSMENT PURSUANT TO TERMS OF DEVELOPMENT CONTRACT COUNTRY CLUB MANOR FOURTH ADDITION WHEREAS, the City of Monticello and CHC Townhomes II LLC, the Owner and Developer of the plat of Country Club Manor Fourth Addition, entered into a Development Contract on April 22, 2024 ("Development Contract"); WHEREAS, the Development Contract provides for the City to levy certain special assessments against the project property for trunk area utility charges as specified in the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, LTA 11►1►1 *Tell if -IT 1. The Development Contract between the City and Developer has been approved pursuant to Resolution No. 2024-037 and the assessments identified therein shall be allocated equally to each lot in the plat and payable pursuant to the terms of the Development Contract. 2. The Development costs of $82,570.40 are hereby adopted and shall constitute a special assessment against the property identified in the Development Contract and hereby made part of this Resolution by reference and that such property is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 3. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January 2025, and shall bear interest at the rate of 10% per annum on the remaining principal balance each year. Interest will begin to accrue on the principal balance commencing from the date of this Resolution. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to November 15, 2024, pay the whole of the assessment on such property, to the city treasurer, and he/she may, at any time thereafter, pay to the city clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2024-38 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED this 22nd day of April 2024, by the City Council of the City of Monticello, Minnesota. MONTICELLO CITY COUNCIL By: Lloyd Hilgart, Mayor ATTEST: Jennifer Shreiber, City Clerk CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2024-38 "EXHIBIT "A" [DEVELOPMENT CONTRACT] Consideration of an Amendment to PUD and Preliminary Plat Legal: Outlot A, Country Club Manor Third Addition, Lot 1, Block 5 Country Club Manor Second Addition I PIDS: 155276005010, 155280000010 Created by: City of Monticello DESIGN *TREE engineering + land surveying Preliminary Plat & Development Stage PUD Submittal Headwaters Development (Phase II) St. Cloud Office 3339 W. St. Germain St. #250 St. Cloud, MN 56301 320.217.5557 City of Monticello Wright County, MN Alexandria Otiiuv 120 17th Ave. West Alexandria, MN 56308 320.762.1290 Twin Cities Office 21308 John Milless Dr.; Suite 104 Rogers, MN 55374 320.217.5557 DTE-LS.com CIVIL MECHANICAL STRUCTURAL ELECTRICAL LAND SURVEYING 9 Project Team Land Owner: City of Monticello 505 Walnut St. #1 Monticello, MN 55362 Applicant: Michael Hoagberg Headwaters Development, LLC 6757 Karmen Ave NE Albertville, MN 55301 Engineer: Michael Gerber, PE Design Tree Engineering & Land Surveying 120 17th Ave W Alexandria, MN 56308 Land Surveyor: Jon Schuette, RLS Design Tree Engineering & Land Surveying 120 17th Ave W Alexandria, MN 56308 Architect: Plunkett Raysich Architects, LLP 209 South Water Street Milwaukee, WI 53204 Structural Engineer: GraEF Engineering 120 South Sixth Street Suite 1220 Minneapolis, MN 55402 General Contractor: Delta Modular Construction 6757 Karmen Ave NE Albertville, MN 55301 Page 2 46 10 Executive Summary Design Tree Engineering & Land Surveying is submitting this preliminary plat and development stage PUD application on behalf of Headwaters Development, LLC. The following narrative, along with the preliminary plat and development stage PUD packages, will describe the existing and proposed site conditions of the property. The property to be platted consists of approximately 5 AC. The property is bound to the north by County Road 39, the east by 7r" St W, and the west by Interstate 94. Headwaters Development, LLC is proposing phase II of a residential project that is currently being constructed. Phase II includes 1 1 twin -home units to be located in the area where a multi -family residential building was previously proposed. Access will be provided by a newly platted City street that will connect to Tee Box Trail (which was previously platted in Phase 1). A build -out plan and the necessary documentation for the preliminary plat and development stage PUD are enclosed. A project narrative discussing the programming of the project is shown in Attachment A. This narrative also includes elevation drawings that illustrate a typical townhome unit. Existing Site Conditions The existing site survey is shown on the Certificate of Survey. The existing property is currently zoned as R-3 Medium Density Residence District and is currently used as a stockpile area by the City of Monticello. The lot is currently undeveloped and has been used as a stockpile area for construction materials for construction of phase I of the project. There is also a delineated wetland located on the southern portion of the property. Geotechnical Evaluation Report A Geotechnical Evaluation Report dated November 2, 2021 was performed on the site by Braun Intertec to determine the surface and subsurface conditions at the site. This report is included in the appendix of the Stormwater Management Study that was prepared for the site. Environmental Site Assessment A Phase I Environmental Site Assessment was performed on the site by American Engineering Testing. The purposed of the assessment was to determine if there are any recognized environmental conditions at the site that need to be investigated further. The assessment found that there is no evidence of recognized environmental conditions or controlled recognized environmental conditions in connection with the site. Wetland Delineation Kjolhaug Environmental Services Company, Inc. performed a Wetland Delineation Report to determine if any wetlands are present on the property. One Type 1 /3 PEM1 A marsh wetland was delineated on the southern portion of the site. The wetland area is shown on the plan sheets to show how it relates to the proposed improvements. Proposed Site Conditions The proposed subdivision of the property is shown in the Preliminary Plat drawing. PUD Development Stage Civil Plans for the development have been prepared. These plans include plan sheets illustrating both the existing and proposed conditions of the site including a removals plan, site plan, grading plan, utility plan, Page 3 11 and erosion control plan. A Stormwater Management Study was completed for the design of the permanent stormwater management BMP's. This study was completed following the requirements of the MPCA and the City of Monticello and includes the existing and proposed drainage conditions. Traffic Study A Traffic Study was performed on the site by SRF Consulting to review the existing operations and determine the effects of the project on the neighboring roadway and to determine if any improvements are required. The study found that no roadway changes or mitigations are anticipated to be needed to accommodate the proposed development from an intersection capacity perspective. Landscape Plan A landscape plan has been provided by Landform. The plan includes a landscaping plan along with details for the proposed plantings. Landscaping for phase II is consistent with the landscaping plan for phase I. Summary This narrative and the attachments within complete Design Tree Engineering & Land Surveying's submittal of the Preliminary Plat and PUD Development Stage Plan for the phase II portion of the proposed Headwaters Development located in Monticello, MN. Page 4 4 12 Attachments A. Project Narrative with Elevation images Page 5 13 14 ATTACHMENT A Project Narrative `b7 PROJECT NARRATIVE Country Club Manor (Phase II) Golf Course Road & 71" St W, Monticello, Minnesota Project Team Owner / Developer Headwaters Development 6757 Karmen Ave NE Albertville, MN 55301 Contact: Mike Hoagberg Phone: 612 723-3330 Email: mhoagberg@headwatersdevelopment.com Civil Engineer Design Tree Engineering & Land Surveying 21308 John Miless Dr, Suite 104 Rogers, MN 55374 Contact: Michael Gerber Phone: (763) 270-6300 Email: mjg@dte-Is.com General Contractor Delta Modular Construction 6757 Karmen Ave NE, 55301 Albertville, MN 55301 Contact: Brian Felber Phone: 612 360-4519 Email: bf@delta-modular.com Landscape Architect Landform Professional Services 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Contact: Josh Popehn Phone: 612-252-9070 Email: jpopehn@landform.net Architect Plunkett Raysich Architects, LLP 209 South Water Street Milwaukee, WI 53204 Contact: Kevin Broich Phone: 414 359-3060 Email: kbroich@prarch.com Structural Engineer GraEF Engineering 120 South Sixth Street, Suite 1220 Minneapolis, MN 55402 Contact: Shawna Kratsch Phone: 763 898-4185 Email: shawna.kratsch@graef-usa.com Traffic Engineer SRF Consulting Group 3701 Wayzata Blvd, Suite 100 Minneapolis, MN 55416 Contact: Brent Clark Phone: 763-267-6618 Email: bclark@srfconsulting.com WA PROJECT SITE DATA Parcel Basics The existing site is currently an undeveloped, approximately 4.5 acre parcel. The property is adjoined by Interstate 94 to the west, Golf Course Road to the north, a residential neighborhood to the east, and Country Club Villas (Phase I twin home development of 60 units) to the south. Phase II, similar to Phase I, will not utilize gas services for the proposed PUD property. PROJECT DEVELOPMENT DATA Program The site, which originally was considered for a multi -family 4-story building, is now being developed as a Phase II expansion of the first parcel, which included approximately 12 acres, 30 single -story Twin Home (60 units). The Phase II expansion will include 11 single -story Twin Homes (22 units) in a single cul-de-sac on the Northwest corner of the property. The community will provide affordable housing options by offering 40% of its units to 60% AMI affordability requirements. The total two phases of planned residential units across both sites will be 82. All units will be owned by the same owner, Community Housing Corporation, and serviced by the same management company, Shelter Management. The pre -lease up of Phase I is really strong, with substantial interest from the surrounding community, the owner, CHC, believes an extension of Phase I into Phase II makes the most sense for this neighborhood and the surrounding uses. The site will include sidewalks that connect to the central site circulation as well as the public sidewalk along 71" Street W. This project expects to create $8.5 million of incremental property value on a site that has been owned by the city for many years and has had essentially no market value. This project also allows the city to capture the value of the land over time, which it has been unable to do until now. Affordability One of the principle objectives of this PUD is to provide affordable housing to Monticello. By providing this affordable housing option to the residents of Monticello and surrounding communities, this development allows residents in need of new (affordable) housing to stay in the Monticello community. They are able to move into a more manageable residence and turn their homes over to new residents coming into the City. This in turn supports future growth for the city. At least 40% of all units will be considered "affordable" based on 60% AMI levels for Wright County. The project took the housing study completed by the City of Monticello in 2020 into consideration when designing the community, unit mix and rental rates. 18 u- Lu U) Lu cl- O O M N N O N C1 SOUTH ELEVATION 1 /8" =1'-0" 00 �0000 J1 G14 G14 TRUSS BRG 109'-101, CEILING 109'-0" n FIRST FLOOR I I 100'-0" T/ FND WALL TYP n 98'-101/2" TRUSS BRG 109'-10" CEILING 109'-0" FIRST FLOOR 100'-0" 4 TI FND WALL TY� 98'-101/2" PLAN NORTH ROOF PLAN (1) 1 /8" =1'-0" C3 EAST ELEVATION 1 /8" =1'-0" �5'0%0 A3 Al NORTH ELEVATION 50o WEST ELEVATION 500 D 1 1 /8" =1'-0" D3 1 /8" =1'-0" 500Al 6" / 12" 6" / 12" TRUSS BRG jU 109'-10" _ CEILING 109'-0" FIRST FLOOR 100'-0" T/ FND WALL TYP 98'-101 /2" TRUSS BRG 109'-10" _ CEILING 109'-0" FIRST FLOOR 100'-0" TI FND WALL TY 98'-101 /2" ROOF PLAN SYMBOLS LEGEND - 1 � SECTION REFERENCE 101 1 DETAIL REFERENCE 909 OROOF PLAN NOTE ROOF PLAN GENERAL NOTES A. COORDINATE AND VERIFY ALL ROOF OPENINGS AND PENETRATIONS WITH STRUCTURAL, PLUMBING, HVAC, AND ELECTRICAL REQUIREMENTS. B. PROVIDE WATER TIGHT INTEGRITY AT ALL PENETRATIONS AND EQUIPMENT PER ROOFING MANUFACTURERS STANDARD DETAILS AND REQUIREMENTS FOR WARRANTY AND CURRENT NRCA STANDARDS. ROOF ASSEMBLIES MARK I CONSTRUCTION DESCRIPTION R6 ASPHALT SHINGLE ROOFING SYSTEM: ASPHALT SHINGLES ON UNDERLAYMENT ON 7/16" EXTERIOR GRADE WOOE SHEATHING ON WOOD STRUCTURE. ICE AND WATER BARRIER T-0" WIDE AT ALL EAVES, VALLEYS AND PENETRATIONS THROUGH ROOF. MARK CONSTRUCTION TYPES DESCRIPTION G3 METAL GUTTER G14 METAL DOWNSPOUT G15 1 1/4" X 12 HARDBOARD FASCIA ON 2x10 WOOD FRAMING G20 CONTINUOUS RIDGE VENT J1 CAST STONE SILL. RAKE AND CAULK ALL JOINTS. J6 1 1/4" X 8" HARDBOARD TRIM EXTERIOR ELEVATIONS SYMBOLS LEGEND SECTION REFERENCE 101 X� ELEVATION NOTE EXTERIOR FINISH PATTERNS ASPHALT SHINGLES LAP SIDING 1 SHAKES - 1 I DETAIL REFERENCE 101 AL01 WINDOW TYPE OX ------ CONSTRUCTION KEYNOTE CULTURED STONE EXTERIOR ELEVATIONS GENERAL NOTES A. ALL WINDOW, DOOR AND CORNER TRIM TO BE 1 1/4" X 4" HARDBOARD. B. TRIM ALL EXTERIOR LIGHTING FIXTURES, OUTLETS, HOSE BIBBS AND ALL OTHER SIDING PENETRATIONS WITH 1 1/4" X 4" HARDBOARD TRIM (TYP) C. REFER TO SHEET A891 FOR WINDOW FRAME ELEVATIONS D. SEALANT COLORS TO MATCH ADJACENT FINISHED SURFACES. 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LENGTH BEARING \\ \\\ \ \ 1 �iq Sig�2 0 00 6g5o 4,Qsr° '00 ��h \ a I 45"E 8400 N 5 O°p0,00" L=314./6 L? �0 n P L1 13.91 S76° 58' 12"E \ \ o �0 �,� �� - OWNER: DEBRA MEYER \\ \ \\\\ \ N p' °04'15"W �� 20 0 \ I L2 10.17 S76° 58' 12"E \ V A V A M 9 0 00 05� 0 30 GQ ° 1 \ \ \ 'pro .°o � \ �I J�r \ \\ Q 1 � L3 13.68 S76° 58' 12"E \ \ \ N�6°�2. w G 0 RIM:935.81 co45.,1 1 \ / \ \\\ 84 00 ' N89°52'44"E 84.00 Z INV:UNABLE TO \ / 12' DRAINAGE AND UTILITY /1/NIt U 0 0 0 0 OPEN EASEMENT PER COUNTRY CL VA V A \ \ L� L_ A / v� I v Z) _Q 4 - \ 0 0 17 -- MANOR SECOND ADDITION \ VA V A 4636E 84.0 0 0 i \\\\\ \ o o N82° o a \ r� w--------- 0 0� 9/ cA ___ N co w SS S89°52'44"W 84.00 �. - A VA V \ co Cl) 45'36" E 84.00 �� a o 45,. o o N I /\ N I /1 I) o IVI/-\I N�/I \ N82° a o 60 1 0 0 18 V 0 0 o �1 .00 O N N O t9. G=? oCOD 0 0 z `' S89°52'44"W 84.00 �`� ,? � 7, oo N ( \ 0 j W - RIM:934.24 OWNER: MARCELLA UTZKA chi . 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AVA\cp6,�� os�°\ �559���.1 CONDO RY .Ss S2� AD 1"T \ .0¢ �� 1�1��Tv V�7 KREIN � s� �X �•/ oON � �_ - \ / � .. 1 �\ ij<�6°SO 0 L2 I V�� �i�i A 7 A VA\ y90 EXISTING STORM $_ WATER POND AVA\✓ - I r /�/1tv Ire II �. / O� �� o���� � � ��)\ OUTLOT v - �v\ / , w " wN\ R:\ MO NTICELLO TOWNHOMES LLC OWNER: I X BOWERS LLC ! �%v \ \ V A� \ 7 /V A� A \ VA \ ,gyp DRAINAGE AND I t / \ \ \\ \ \\� \ UTILITY EASEMENT L� L _ L/ \� I PER COUNTRY CLUB MANOR THIRD ADDITION 60 X� n / \ / Lim^� "`�O/Z OWNER: NUSSCO LEASING VIII, LLC � `�-! \ \ \ \\ \ \\\\ �CF, / \ \I � \ < / X \ \ \ } / `COT 1 / O uvr�vAA�vF-vF-v 1 \4 F� \ /� LEGEND PLATTED & EXISTING LOT LINES EXISTING RIGHT OF WAY - - - - - - - EASEMENT LINES CENTERLINE BOUNDARY LINE WOOD FENCE __0 CHAINLINK FENCE 1; '1 WIRE FENCE STORM SEWER LINE - SANITARY SEWER LINE WATERMAIN oiu oHE OVERHEAD ELECTRIC uG UGT UNDERGROUND TELEPHONE F-FG UNDERGROUND FIBER -UG-UGE UNDERGROUND ELECTRIC -GAS --GAS- UNDERGROUND GAS LINE - - - EDGE OF WETLAND BUILDING EDGE OF TREE LINE OR WOODS CONCRETE PAVEMENT BITUMINOUS PAVEMENT AGGREGATE SURFACING LANDSCAPING EXISTING LEGAL DESCRIPTION Lot 1, Block 5 Country Club Manor Second Addition and Outlot A, Country Club Manor Third Addition, according to the recorded plat thereof, Wright County, Minnesota. DESIGN*TREE engineering + land surveying Corporate Office: HYDRANT 120 17th Ave W Alexandria, MN 56308 D< GATE VALVE 888-216-1916 O WELL \ SANITARY MANHOLE o SANITARY SEWER CLEANOUT \ STORM MANHOLE ❑ CATCH BASIN a APRON CJ SHRUB POWER POLE 04� LIGHT POLE < GUY WIRE I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR 0 POWER BOX REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY 5� ELECTRIC METER LICENSED LAND SURVEYOR UNDER THE LAWS OF © COMMUNICATION PEDESTAL THE STATE OF MINNESOTA. ❑H HAND HOLE *CV GAS METER SIGN I✓, ® BOLLARD PAINTED NAME: Jonathan D. Schuette SB SOIL BORING DATE: 02/15/24 LICENSE #: 45352 AC AIR CONDITIONER DECIDUOUS TREE CONIFEROUS TREE PREPARED FOR: HEADWATERS DEVELOPMENT PROPOSED VACATION DESCRIPTION All of the drainage and utility easements contained and as shown/created on Lot 1, Block 5 Country Club Manor Second Addition and Outlot A, Country Club Manor Third Addition, according to the recorded plat thereof, Wright County, Minnesota. 0 50' 100, 1 INCH = 50 FEET O = DENOTES COUNTY MONUMENT • = DENOTES FOUND IRON MONUMENT O = DENOTES 1/2 INCH DIAMETER BY 18 INCH LONG IRON PIPE MONUMENT SET AND MARKED RLS# 45352 MONTICELLO TOWNHOME EXPANSION MONTICELLO, MN THIS DRAWING AND THE INFORMATION THEREIN IS THE PROPERTY OF DESIGN TREE ENGINEERING INC. USE BY THE HOLDER OR DISCLOSURE TO OTHERS WITHOUT THE PERMISSION OF DESIGN TREE ENGINEERING INC. IS PROHIBITED. IT CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION OF DESIGN TREE ENGINEERING INC. REPRODUCTION OF THE MATERIAL HEREIN WITHOUT WRITTEN PERMISSION OF DESIGN TREE ENGINEERING INC. VIOLATES THE COPYRIGHT LAWS OF THE UNITED STATES AND WILL SUBJECT THE VIOLATORS TO LEGAL PROSECUTION. COPYRIGHT @ 2024 BY DESIGN TREE ENGINEERING DRAWN BY: IDS CHECKED BY: IDS PROJECT NO.: 00023070 NO. DATE PRELIMINARY PLAT 1 of 1