City Council Agenda Packet 10-09-2000
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Mayor:
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 9, 2000 - 7 p.m.
Roger Belsaas
Council Members:
Roger Carlson CI int Herbst, Brian Stumpf and Bruce '1'hielen
db> e-., r
** Workshop on CSAl-I 75 Improvement - 5:30 p.m.
Consideration of adding items to the agenda.
- ~'taie PAi~ DtSc(J~( (~,J
Citizen comments/petitions, request and complaints.
- -rtf) o tJTIc8ZLu fo t f> G.-<<I. <M-L- b l.5c..v JJ,",-.
Consent agenda.
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2A.
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Call to Order
Approve minutes of September 25, 2000 inf(xmationalmeeting. 85 e -r
Approve minutes of September 25,2000 regular council meeting.
p we I ~~ Co T 7/11"\..1. Itt fa ( -(
A. Consideration of appointing additional election judges f<Jr the general election on
November 7, 2000.
B.
Consideration of a conditional use permit allowing a shopping center development in
a CCD, Central Community District and a subdivision dividing the new development
parcel from the municipal liquor store. Applicant: Silver Creek Real Estate
Development.
C. Consideration of a request for a conditional use permit allowing an auto body/repair
shop in the B-3 District. Applicant: John Johnson, Monticello Auto Body.
D. Consideration of an amendment to the parking regulations in the CCD District.
Applicant: City of Monticello.
E. Consideration of approving new hires and departures for the Community Center and
Liquor Store.
Consideration of resolution supporting a fee increase for Deputy Registrars.
Consid.eration of ratifying appointment of replacement Parks Department employee.
Consideration of request f()r simple subdivision in requesting Lots 6 and 7, Manhattan
Lots, 321 Riverview Drive be split into separate parcels. Applicant: Michael and
Pamela Wigen.
Consid.eration of approval of Change Order No.1 to the Chelsea Road West and
Brentwood Circle Improvement Project No. 98-25C.
J. Consideration of appointment of MCC Advisory Board members.
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Council Agenda
October 9, 2000
Page Two
K. Consideration of final plat and development agreement for Klein Farm Estates 4th.
6. Consideration of items removed from the consent agenda for discussion.
7. Review and discussion of options for rebuilding County Road 75 (Broadway).
8. Presentation - Central Minnesota Initiative - Connie Marcyes.
9. Consideration of establishing ordinance regulating pawn shops.
10. Consideration of contract renewal with PSG (US Filter) for additional five years or
city operations.
11. Approve payment of bills for October.
12 Adjourn.
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MINUTES
PtJBLIC INFORMATIONAL MEETING
CSAH 75 (FROM WASHINGTON STREF:T - OTTER CREEK)
Monday, September 25, 2000 - 5:30 p.m.
Members Present:
Rogers Belsaas, Roger Carlson. Clint Ilerbst, Brian Stumpf and
Bruce ThieIcn.
Members Absent:
None
Staff Present:
Economic Development Director. Ollie Koropchak; Public Works Director
John Simola, City Administrator. Rick Wolfsteller; Deputy City
Administrator. Jeff O'Neill, City Engineer, Bret Weiss and Becky
Ilauschild.
John Simola, Public Works Director, began the informational meeting by briefly describing the scope of
the project and the roles of the City and the County in the design and construction of the work.
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Virgil Hawkins, Assistant Wright County Highway Engineer, explained that the improvement project
for CSAH 75 was a major project in the County's five Year Plan. The project was originally planned
for construction in the year 2002 but because of other projects being shifted around, the County is now
considering it for construction in 2001. The proposed project is a rehabilitation of CSAH 75 from
Washington Street to Otter Creek. The County's proposal includes removing the bituminous sur1~1Ce.
milling it out and replacing the blacktop. The County is not proposing any widening, regrading or
change in design.
The County will design the roadway incorporating into the plans any utility work the City feclsneeds to
be done at this time. It is proposed to bid the project in the spring with construction to take place next
year. There may be a considerable amount of utility work included in this project. Some of the sanitary
sewer lines in this area were installed in 1924 and the other utility lines were installed in the 1940's. The
City is currently in the process of inspecting the lines to determine whether the I ines will be replaced..
John Simola indicated there may also be some realignment of Otter Creek Road where it comes on to
CSAI-I 75 but that is the only street realignment being proposed.
The parkway design that is being considered includes medians and left turn lanes. If the project is
constructed using this design there would be loss ofparking. Revisions to the access to Pinewood
Elementary are also being considered. Virgil Hawkins talked about how access onto the roadway
impacts the now oftrat1ic. A video on access management was shown. By limiting the number of
accesses onto a roadway, you limit the number of conflict points and you reduce interference with
through traffic. The spacing of signalized intersections is also crucial to traffic now and signalized
intersections should be placed at least 1/4 mile or greater apart. Good access management improves
traffic flow and reduces accidents.
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Jeff O'Neill provided background on how the parkway design was arrived at. A survey done in 1988
revealed that traftic was identified as the # I concern. In 1996 the City updated the comprehensive plan
and attempted to address the issue of traffic on Broadway. The feeling was that the traffic should not
dietate how land was used. The City wanted to maintain the character of this area as residential. The
improvements that were done on CSAII 75 cast were done to improve traHic and safety in the area of the
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school and the hospital.
Pam Campbell from the Design Advisory Team felt that the traffic on Broadway needed to be slowed.
They felt the two lane design was acceptable noting it was important to take care of pedestrian safety
and suggesting that improvements be made to the designated crosswalks. The 20' median that was
proposed would provide an opportunity to beautify the City. DAT felt that if the median was done it
should include an irrigation system so that the plantings in the median could be maintained. OAT
endorsed the project. Pam Campbell also commented that the parking in front of the post office site
should he retained.
Bret Weiss and Becky Hauschild from WSB, Inc., the City's engineers provided information on traffic
volumes and accidents rates. The estimated cost of the project is $1,700,000 which would be funded
through state aid funds, assessments and utility reserve funds.
John Simola noted that because of the age of the utilities in this area, individual services may need to be
replaced. The property owner is responsible for the utility lines from the house to the main. If residents
are interested in determining whether their service line needs to be replaced, the City can with the
equipment they have inspect the service. It was noted that the cost of replacing service lines, gate
valves, hydrants etc. could be assessed. Cobra head lighting was installed in this area in the 1960's and
it has deteriorated to the point where it should be replaced. In the downtown area where parking would
still he allowed on Broadway, the County would charge the cost of the parking lane to the City and the
City in turn could assess this cost hack to the property owners.
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The meeting was then opened to comments from the public.
Bill Becker, 618 East Broadway lIe stated that the lack of parking lanes could pose a hazard for those
people who had to back out of their driveways onto the street. I Ie indicated that in the winter the
parking lane was also used for snow storage and asked how that would be handled if there was no
parking lane. Mr. Simola responded that the Street Department had similar concerns with the snow and
he would check with the County about removal.
Virgjl (Bud) Kaloin, 336 Broadwav East Mr. Kalpin questioned why the median was included and
suggested that it be considered making Broadway a one-way street. He felt it was unf~lir to eliminate the
parking on Broadway for the residential properties. He stated that part of the value of his property was
that there was parking on the street and by taking away the parking some of the value of his property
was lost. lie stated that all other residential property is allowed street parking. Mr. Weis responded that
the City has eliminated or discouraged parking on collector streets in the past, i.e. Th Street and School
Boulevard.
Harold Pittman, 1 n6 Dayton Street Mr. Pittman questioned why the City would consider trees and
other plantings in the median area since the salt from the snow removal would kill them. lie commented
that the City had some of the nicest streets before they put in the streetscape. He wasn't sure that the
City's attempt to beautify the streets actually did anything for the street. Mr. Simola responded that
. lhere are sail resislant species of lrees and shrubs lhat the City would use but that lhis is a concern.
.Iake Krob, 318 Broadway East Mr. Krob asked about the procedure used to notify the property
owners of this meeting. He also asked if any further improvements were going to be made to the TH 25
and CSAH 75 intersection. He felt the improvements made at the intersection thus far were not working
CSArI 75 Informational Meeting - 9/25/00
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very well as there seemed to be a good amount of vehicle stacking and asked if the channelization
proposed would help the TII 25/CR 75 intersection. He also expressed his concern about the speed of
traffic on the roadway and with the proposed improvement the closeness of the traffic to the homes.
Dawn Grossinger responded stating that notice was sent to the owner of record according to the tax
printout..
Ben Smith. 806 West River Street Mr. Smith expressed concern about the traiTic, particularly bus
traffic at the intersection of West Broadway and Elm Street. Mr. Simola responded and stated that the
statT would discuss this issue with Mr. Smith after the meeting. Mr. Simola met with Hen Smith the
week of October 2nd and his concerns were with the buses making left turns onto CSAH 75 from County
Road 39. The county will be looking into this with the school district.
Dou!! Schneider. 112 West Broadway Mr. Schneider questioned the traffic volume and accident rate
information that was presented. He was wondering if the accidents were primarily at the intersection of
TH 25/CR 75 and if they were on the east or west side of the intersection. Becky Hauschild indicated
that the she didn't have that breakdown but she would get the information and forward it to him. He
also stated that if the City removes the parking, then they should lower the taxes for the site because the
property loses value without the parking. John Simola indicated that the parking in approximately a two
block distance both east and west of the TII 25/CR 75 intersection was proposed to remain.
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Lawrence Clausen. 320 Broadwav West Mr. Clausen questioned the portion of the downtown area
that would have parking along Broadway and stated he too felt that the parking should remain in the area
of the post office.
Dan Kraemer. 648 Broadwav West Mr. Kraemer questioned whether installing left turn lanes would
invite the traffic on Broadway to go even faster since the traffic wouldn't have to slow down for vehicles
making left turns. Becky Hauschild responded that the plantings in median have a visual dTect which
slows trafiic down. The question was also raised about the mailboxes located on Broadway. John
Simola indicated that if the project proceeded with the parkway design the mailboxes would be relocated
to side streets.
Candv Johnson. 1233 Sandy Lane She asked what was the designated speed that was looked for on
Broadway and asked what the plans were for Otter Creek Road. Virgil Hawkins responded that the
speed limit was 30 mph to Otter Creek Road and then it became 45 mph. Mr. Hawkins replied that the
plans for Otter Creek Road are to realign it to 90 degrees from CSAH 75.
Dave Kranz. 743 Broadwav West Mr. Kranz had questions regarding the sewer lines for his home.
John Simola asked him to check with the Public Works Department.
Opal Stokes. 215 Locust Street She asked if the opportunity to have the sewer service line inspected
applied only to those properties abutting Broadway or if it would also apply to those homes on the side
streets. John Simola responded it would only be f()f those properties served by the sewer on Broadway
from Washington Street to Chestnut Street.
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CSAH 75 Informational Meeting - 9/25/00
Because of the time, the informationalmceting closed at this point. Those in attendance were asked to
complete comment cards and submit them to the City.
Rccordi ng Secretary
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MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 25,2000 - 7 p.m.
Members Present:
Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and
Bruce Thielen.
Members Absent:
None
Mayor Belsaas called the meeting to order at 7:20 p.m. and declared a quorum present.
2. Approve minutes of regular council meeting of September 11. 2000.
ROGER CARLSON MOVED TO APPROVE "rUE MINUTES OF THE SEVfEMBER II,
2000 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MUfrON.
MOTION CARRIED UNANIMOUSLY.
3.
Consideration of addill!! items to the a2:enda.
Clint Herbst requested that a discussion on an update item be included on the agenda.
Clint Herbst also asked that item #9(Final payment on the Orchard Road Project 2000-07C and
Elm Street Sewer Extension Project No. 2000-08C) be included on the consent agenda.
CLINT IIERBST MOVED TO ADD ITEM #9 TO THE CONSENT AGENDA. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y.
4. Citizens comments/petitions, requests and complaints.
None.
5. Consent A2:eJl(la
A. Consideration of approving new hires and departures for September for the
Community Center. Recommendation: Ratify the hiring of the part-time
employees tl1r the Community Center as listed.
B. Consideration of resolutions declaring costs to be assessed, ordering preparation
of assessment rolls and setting date for public hearing to adopt assessments for various
public improvement projects. Recommendation: Adopt the resolutions for each of
the improvement projects declaring the costs to be assessed and setting the public
hearing date for October 23, 2000.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA INCLUDING
AGF~Nf)A ITEM #9. BRUCL~ TIllELEN SECONDEI) TIlE MOTION. MOTION CARRIED
UNANIMOUSL Y.
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Council Meeting - 9/11/00
6.
Consideration of items removed from the consent agenda for discussion.
None.
7. Consideration of design alternatives for County Road 75 Improvement (Broadway).
Clint Herbst commented that with all the information the City had obtained at the infonnational
meeting held earlier, he didn't feel the City should be moving ahead on selecting a design
configuration. He felt the ]lh Street extension would have a major impact on the traffic on
Broadway and the Council should consider that when they are looking at the design of the
proposed improvements to Broadway. Bruce Thielen felt the projcct should proceed but felt it
should be discussed fUl1her and suggested setting up a workshop meeting to go over the design
issucs. He agrccd that therc was a lot of information to assimilate. By scheduling a workshop
for a latcr date it would not only give the Council timc to take in all the information but it
would also allow additional time for residents to submit their comments.
Clint Herbst asked when a decision would have to be made on the design of the project. John
Simola indicated that the County would need to know the City's decision within 4-6 weeks.
Brian Stumpf questioned if they City came up with a design, could the County override the
City's recommendations.
BRUCE 'lTHELEN MOVED TO TABLE THIS ITEM AND SCHEDULE A WORKSHOP
WITH REPRESENTAfIVES FROM WRIGHT COUNTY FOR 5:30 P.M. ON OCTOBER 9,
2000. BRIAN STUMPF SECONDED TIlE MOTION. MOTION CARRIED
UNANIMOUSLY.
There was some discussion whether the workshop meeting would allow continued comments
from the residents. While the workshop is a public meeting, there would be no additional
notice to rcsidents of thc workshop. Bruce Thielen felt the Council needed this workshop to
rcview design options so the Council could make a decision. Susie Wojchouski suggested that
thc Council invite a resident and a business owner to be present at this workshop.
8. Consideration of increase in water rates, water hookup charges and water trunk area
charl!es.
John Simola, Public Works Director, brief1y rcviewed the information on the proposed increase
with thc Council. lIe noted that in 1997 the City had approved a rate increase but in 1998
it actually droppcd the block rates. He was asking that the Council consider a 10% increase.
Mayor Belsaas also asked about the proposal to change the standards for nitrates.
BRUCE THIELEN MOVED TO INCREASE T'f-lE WATER RATE 10%, THE WATER
HOOKUP CHARGE BY 19(Ycl AND NOTIFY DEVELOPERS OF A PENDING INCREASE
THE WATER AV AILABILlTY CHARGE BY DOUBLING IT, EFFECTIVE .IANUAR Y I,
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Council Meeting - 9/11/00
2001. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSL Y.
9. Consideration of final payment Orchard Road Improvement Project No. 2000-07C and
Elm Street Sewer Extension I>roiect No. 2000-0Se.
Included with consent agenda. Approved final payment in the amount of $22,662.66 to Buffalo
Bituminous for the Orchard Road Project and final payment in the amount of $32,294.00 to
Schluender Construction for the Elm Street Sewer and Watermain Improvement.
Weed Control
The Council received a request to remove the weeds in the downtown area. The Council discussed
how it could be handled. The property owner is responsible for weed removal in the sidewalk area and
around the building. The City is responsible for the weed removal in the streetscape area.
It was determined that the City currently has ordinances in place to handle this. John Simola suggested
a meeting with the Chamber and the business people on this issue. The Council felt that since the
ordinances were in place, it could be left to staff to see that they were enforced.
10.
Approve payment of bills for September.
BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS. ROGER
CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
11.
Adjourn
BRIAN STUMPF MOVED TO ADJOURN AT 7:50 P.M.. BRUCE THIELEN SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
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Council Agenda - 10/9/00
SA. Consideration of appointin2 additional election judges for the General Election.
(RW)
A. REFERENCE AND BACKGROUND:
At the August 14 meeting, Council appointed election judges to serve for the 2000
Primary and General Elections. Several of the individuals that were appointed did not
attend the training sessions and could not serve as judges. Since that time, I have received
calls from three additional individuals who are interested in serving as election judges.
According to State Statutes. additional judges may be appointed at least 25 days prior to
the election at which they will work, which requires that Council appoint additional
judges at the October 9th meeting. Generally voter turnout is higher for the general
election and in order to conduct the election process smoothly, I would recommend
appointment of the following individuals as additional judges for the General Election:
NAME
ADDRESS
Bob Rohland
Roger Isaacson
Harriet Lefebvre
1323 W. River St., Monticello, MN 55362
9325 Eagle Court, Monticello, MN 55362
6385 River Mill Dr., Monticello, MN 55362
B. AL TERNA TIVI( ACTIONS:
1. Motion to appoint the above-recommended individuals as election judges for the
2000 General Election.
2. Motion to deny appointment of additional election judges.
C. STAFF RECOMMENDATION:
The City Administrator recommends alternative #1.
D. SUPPORTING DATA:
None.
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5B.
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City Council Agenda -10/09/00
Consideration of a Conditional Use Permit allowing a shopping center development in the
CCD, Central Communitv District and a Subdivision dividing the new development parcel
from the municipal liquor store. Applicant: Silver Creek Real Estate Development. (NAC)
A. REFERENCE AND BACKGROUND:
Silver Creek Real Estate Development is proposing to construct a shopping center on a
parcel bounded by the Burlington Northern Railroad/5th Street on the north, Walnut Street
on the west, the municipal liquor store site on the south, and Highway 25 on the east. The
project includes 15,500 square feet of retail/commercial use, and has eliminated the original
plans for 12 second Hoor residential units of 1-2 bedrooms and an underground parking
garage for the residential tenants. A future commercial space on the liquor store side of the
property includes approximately 9,000 square feet, in addition to the existing liquor store
space of 6,480 square feet. The site is zoned CCD, Central Community District.
The downtown revitalization plan encourages the use of mixed use design, and urban
building styles in the corridor along Walnut Street. The proposed project would maximize
the amount of Walnut Street frontage for commercial development, with the exception of
access to 5 1'2 Street (to be developed as an internal access drive). The shopping center meets
the downtown's commercial development goals, although it has abandoned the mixed use
concept encouraged by the Revitalization Plan.
The project would provide 44 at-grade parking spaces north of 5 1'2 Street. South of 5 1'2
Street, a redesign of the parking lot would be proposed that would provide 71 parking stalls
for a total of 115 stalls between the two properties. The parking lot revisions would be
concurrent with the development of the new commercial space.'
Height, Setbacks, Density. The CCD requirements require building heights of between 15
and 35 feet and zero setbacks. The proposed building is now one story in height. with
elevations yet to be submitted to verify the dimension, and is located with zero setbacks
along north, cast, and west lot lines. At-grade parking lots are required to maintain the five
foot setbacks where practical. It would appear that there is room to accommodate this
standard, and the site plan should reilect this.
Parking. The first phase of retai I space requires a total of 70 spaces at one space per 200
square feet of net retail area. With 44 supplied on the north side of 5~ I /2 Street, this leaves
a deficit of26 spaces. The CCD permits such shortages where the developer agrees to pay
into a parking fund for public parking in the district on a per space basis. 'The 9,000 square
foot retail addition to the back of the municipal liquor store would generate an additional
demand for 41 spaces. The liquor store property is currently developed with a surplus of
parking, a portion of which will be made available to the developers. This issue has been
addressed by the purchase agreement and will be furtherdetined by the development contract
as a part of the Conditional Use Permit and the sale of the land.
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City Council Agenda -10/09/00
Please note that the parking stall deficit can be offset if needed through development of 20
to 30 stalls at thc 10,000 sq. n. parcel located between the Railroad and the Library Parking
Lot. As you recall, the developer will be paying half the cost to build this lot if deemed
needed by the City Council.
The site plan docs not provide any dedicated loading areas. The applicant's anticipate using
front of store loading. This does raise issue with circulation within the parking lot unless
deliveries occur before or after store hours.
Pedestrian Access. The CCD and the downtown revitalization area are intended to promote
pedestrian access and pedestrian~based business interchange. The development block will
be adjoined by public sidewalks along Walnut Street, 6th Street and Highway 25. Sidewalks
arc also shown to connect Walnut and Highway 25 in front of the retail storefronts along the
new building. A pedestrian connection has also been provided for across 5-112 Street to
connect the new retail building with the existing liquor store.
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Signs. The Monticello Sign Ordinance applies to all development within the CCD, subject
to Design Advisory Team (DA T) review. The project has not shown any sign detail, with
the exception of two freestanding sign locations - one along Highway 25 and one along
Walnut. The sign along Highway 25 would be acceptable under the revitalization plan as an
area with more of a highway commercial focus. However, the Walnut Street frontage is
expected to have pedestrian scale signage. mounted on the building facades, including
projecting signs over the sidewalk where appropriate. Additional sign detail will be
necessary to permit complete review.
Streetscape/Landscape. Streetscape and landscape details have not been submitted with this
plan set. The revitalization plan encourages the use of urban design materials including
planters and furniture, site and parking lot lighting consistent with the City's standard, and
alternative paving materials for walkways and other locations. These details should be
submitted to staff and the Design Advisory Team for review. An emphasis on "hardscape"
materials would be beneficial fix this site, given the minimal area for landscaped green area.
Planning staff would encourage pedestrian walks with alternative paving materials, such as
the pavers planned for the Walnut Street improvements, as well as other similar and
complementary materials.
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Huildinl! Design. The applicants had prepared an early rendering of the proposal, but no
building plans have been submitted at this time. The DA T has reviewed these preliminary
building plans and given conceptual approval. The DA T noted specific concern for the
building materials to be utilized on the facade ofthe building t~lcing the Burlington Northern
right-or-way. Prior to final approval of the project, the applicant is to submit detailed
building and site plans for DA T review.
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City Council Agenda -10/09/00
Site Coordination. Details regarding shared use of parking between the Liquor Store and the
development site have been identified and arc included in the terms of the purchase
agreement.
Liquor Store l':xpansion. Please note that the Liquor Store expansion area identified in the
plan will need to he increased from 2,] 00 sq. ft. to 3,000 sq. ft. which may result in the loss
of the head-in parking along the north side of the Liquor Store. Staff is working with the
developer to determine if it is feasible to make necessary shifts in the building walls that
would allow the head-in parking to stay in the plan as identified. City Council is asked to
approve this site plan knowing that it might be necessary to remove the handful of spaces
along the north side of the Liquor Store building to accommodate a 3,000 sq. ft. expansion.
B. ALTERNATIVE ACTIONS
Decision 1. Conditional Use Permitfor a Shoppinf; ('enter in the CCD District.
1.
Motion to approve the Conditional Use Permit, hased on a finding that the proposed
use is consistent with the revitalization plan and the CCD zoning requirements, with
the condition that the applicant prepare site landscaping, signage, and building plans
for review and recommendation of the OAT prior to final approval.
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2. Motion to deny the CUP, based on a finding that the inadequate parking supply
creates the potential for puhlic street congestion in this location.
3. Motion to table actionon the CUP, pending the submission oflandseaping, building,
and signage plans.
Decision 2.
5,'ubdivision oj'lhe subject property into two parcels. The subdivision will
create a new parcel between Walnut Street and the west wall of the Liquor
Store.
1. Motion to approve the Subdivision, based on a finding that the subdivision will
facilitate development consistent with the Comprehensive Plan.
Suhdivision is contingent on completion of development agreement and execution
of purchase agreement.
2.
Motion to deny the Subdivision, based on a finding that the lot to be created cannot
be adequately served with parking as proposed.
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3. Motion to tahle action on the Suhdivision, subject to additional infiJrmation.
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City Council Agenda -10/09/00
c.
STAFF RECOMMENDATION
Staff bel ieves that the proposed use for the site is consistent with the intent of the
revitalization plan and with the CCD District, although the loss of the residential component
is viewed as unfortunate. Based on this finding, CUP and Subdivision approval is
recommended, subject to submission and review of the landscaping, building, and signage
plans, as well as engineering review of the utilities and drainage. The City Council should
consider whether any of these additional plans should he suhmitted to the DAr for review
prior to final approval, or if they may be submitted directly to the City Council.
D. SUPPORTING DATA
1. Site Plan
2. Elevation drawing
3. Exhibit Z - Conditions of Approval
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CONDITIONS OF APPROVAL
NEWTOWN DEVELOPMENT
1. Submittal of detailed elevation drawings or building plans. Approval must he ohtained
from the Design Advisory Team.
2. Suhmittal of a petition for public improvements for sueh things as sidewalks, street lights
and brick pavers.
3. Review and approval of grading and drainage plans by the City Engineer.
4. Preservation of sufficient area to allow a 3,000 sq. ft. expansion of the Liquor Store.
5. Review and approval of signage plan by the Design Advisory Team.
EXHIBIT Z
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City COllncil ^genda ~ 10/09/00
Consideration of a request for a conditional use permit allowing an auto body/repair
shop in the B-3 district. Applicant: John Johnson, Monticello Auto Body (.10)
A. REFERENCE AND BACKGROUND
John Johnson proposes to relocate his auto body shop to the adjacent lot. The new site is
located at the corner of Sandberg Road and the newly constructed Chelsea West. A
conditional use permit allowing an auto body shop is needed for this to occur. Johnson's
plan calls for development of a 10,275 square foot structure. Following is site review
followed by a review of the project in terms of standards identified by code that auto
body shop operations must meet.
Sethacks
The site meets the literal requirements of the code however the proposed setback along
the Chelsea side is only 10'. In Zoning Districts R-l through B-2 a minimum of 20' is
required on the side lot line for a corner lot. A minimum of 20' is not identified by code
therefore this site plan meets the minimum. Planning Commission should discuss this
item and determine if a 20' setback should be required. It is statTs view that the Planning
Commission/Council has authority to increase the setback to 20' via the conditional use
process if desired. In separate action, City Council may wish to call for a public hearing
on an ordinance amendment requiring a 20' setback on a corner lot in a B-3 district.
Please note that the Planning Commission was not concerned with the setback issue
and recommended approval per the site plan presented.
The parking lot is located on the southern boundary of the parcel racing the existing body
shop. Undeveloped Marvin Road runs along the northern boundary of the site. The
building does not encroach along the required 30' setback at this location. The front of the
building f~tces Sandberg Road and is set 30 back whieh also meets code.
Following are code requirements for auto body shops followed by staff comments.
Parking
The site contains 19 parking spaces which meets the minimum defined by code.
Door O/Jenings
"Door opening to service area garage must not face street frontage." Plan complies as
door openings face adjacent lot to the south.
-1-
.
City Council Agenda - 10/09100
Vehicle ,\"'tora!!e
"Vehicle storage area limited to 50% of floor space of the structure housing the auto hody
shop."Also, " All vehicles being serviced and all vehicle parts must be stored inside or in
vehicle storage area." This project does not contain outside storage therefore it complies
with this requirement. It is hoped that the operation of the facility will assure compliance
with the requirement that vehicles be stored in containment area. Past practice has shown
that this is not always the case.
Repair Operations
"No work on vehicles or vehicle parts shall be conducted outside the confines of the auto
body shop." Site plan complies. This is an operational requirement.
BuildimdWa/l materials
"The advertising wall facing the public right-of-way shall consist of no more than 50%
metal material." Project complies as wall material is block, similar to Ultra Lube
building.
.
'The secondary or non-advertising wall facing a public right-of-way shall utilize a
combination of colors or materials that serve to break up the monotony of a single color
flat surface." A border featuring a complimentary color will be extended along the top of
wall/roof line.
I"andscapinr
"The development shall cont()fIl1 to minimum parking and landscaping requirements of
the zoning ordinance" The site plan shows cleven trees. The minimum required hy code
is twelve. The plan needs to be updated to show that the tree size meets code
requirements.
Pro.xiJnitv to Residential Area
The ordinance says "No conditional use permit shall be granted for an auto body shop
within 600 feet of a residential or PZM zone existing at the time the conditional use
permit is granted." The site is more than 600' from the Groveland residential area.
Outside Storage
.
Due to the fact that this project docs not propose outside storage, the rules governing the
design of the outside storage area do not apply.
-2~
.
8.
ALTERNATIVE ACTIONS
I. Motion to approve the site plan subject to conditions identified in exhibit Z or
modified by the City Council. Motion based on the finding that the site plan if
compliant with ordinance requirements as idcntified in exhibit Z mcets the
standards for the district and therefore is consistent with the comprehensive plan.
2. Motion to tahle approval subject to modifications requcsted by the City Council
or subject to suhmittal of complete information in huilding materials.
3. Motion to deny conditional use permit based on the finding that the proposal is
not consistent with the comprehcnsive plan.
c. STAFF RECOMMENDATION
Staff recommends approval suhject to conditions noted in exhihit Z. Staff also supports
tabling the item pending revisions to thc site plan that would be required.
D. SUPPOWrING DATA
.
Conditions of Approval - Exhihit Z
Copy of Site Plan
.
-3-
.
.
.
EXHIBIT Z
Monticello Auto Body
1. Advertising wall facing the public right-of-way shaJl consist of no more than 50% metal
material.
2. Secondary or non-advertising wall facing a public right-of-way shall utilize a
combination of colors or materials that serve to break up the monotony of a single color
11at surf~lCe.
3. The development shall confl.xm to minimum parking and landscaping requirements of the
zoning ordinance. In this case a minimum of 12 overstory trees is required.
4. The drainage and grading plan must be reviewed and approved by the City Engineer.
5. No outside storage allowed.
EXHIBIT Z
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City Council Agenda -10/09/00
50.
Consideration of an amendment to the narkinl!: rel!:ulations in the CCD District. Applicant:
City of Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
Staff has raised concerns that the language developed l()r the CCD parking requirements
gives the developer or landowner the choice between providing the required number of off-
street parking spaces according to the zoning ordinance, or choosing to "overbuild" the site
and pay into a parking fund which the City would use to provide public parking at the City's
discretion. The City assigned a parking lee of $1,025 per stall as the requisite figure if a
choice is made to provide less than the required amount of parking.
At issue is whether the City has given a developer too much latitude to avoid parking
requirements without the City's ability to acquire and develop adequate public parking in the
area. It is believed that the cost of acquisition and construction of parking near Highway 25,
including land lost, would amount to approximately $3,000 per stall when constructed 1(Jr
exclusive use by a single building. The lot cost drops significantly for lots developed two
or more blocks from Highway 25. Please note that the net cost for municipal parking is
actually one half the cost of private parking because of the joint use offered by municipal
parking. In other words, the City will only need to build municipal stalls at one half the rate
of stalls diverted lrom private lots. Thus the city's cost per stall is actually closer to $1,500.
The design of the ordinance was intended to encourage a maximization of use of the
downtown land through a concentration and joint provision of parking areas. The
Revitalization Plan encourages a reduction in overall parking supply due to the tendency of
large parking areas to disrupt business interchange and interfere with case of cross-pedestrian
business patronage. Therefore, the level of the fee charged for parking deficiency was set
low as a sort of "subsidy" to encourage a more downtown-like built environment. It was
envisioned that surplus tax increments or other funds, such as assessments, would be
available to Jill the gap between the $1,025 lee and the actual eost ofpublie parking.
There arc at least two options the City could pursue ifit believes that a change is necessary.
The first would be to increase the lee. The $1 ,025 is set by City Council resolution and docs
not require an ordinance amendment to change it. The ramifieations of this type of change
may be to discourage the use of the tool, however. Most business operators are concerned
about parking supply, and would typically choose to provide it if there were too little
incentive to do utilize the fee option. This in turn would likely result in defeating the
purpose of the incentive by encouraging standard, "suburban", site planning.
A second option would be to maintain the current fee level, but change the ordinance to make
the use of the fee in lieu of parking a choice of the City. This option would require that stall'
-1-
.
.
.
City Council Agenda -) 0/09/00
work with individual property owners to negotiate the level of parking to be supplied, and
would also inier that for some developers, the option might not be otTered. A set of
objectives or policies would be advisable to guide staffin offering, or not offering, the lee-in~
lieu option. Draft amendment language is attached to this report.
The Planning Commission reviewed this proposal and recommends approval of the
ordinance amendment that gives the City the choice in determining whether or not the fee
in lieu of parking is appropriate. Although not their formal place, the Planning Commission
suggested that the parking fee remain the same, given availability of TIF and the need to
encourage joint parking and greater parcel area huild~out in the CCD District.
B. ALTERNATIVE ACTIONS
1. Motion to approve a significant change in ice amount, with no change in the text of
the zoning ordinance.
2. Motion to approve the change in text giving the City the option of otlering the fee-
in-lieu of parking option. Also change the fee amount from $1,025 to no more than
$1,400 per stal I.
"
,).
Motion of no changes to the CCD parking regulations.
4. Motion to tahle action on the CCD parking issue, subject to additional inf<')fIllation.
C. STAFF RECOMMENDA TJON
The City Administrator recommends that the iee increase to $1,400 which, even after this
increase, should continue to act as an incentive to make use of the ice for parking option.
Actions which encourage full otT..street parking lots would he counter to thc intent of the
Comprehensive Plan, and would negatively impact the revitalization of a true downtown.
The objective of the Revitalization Plan is to avoid suburban commercial development which
is characterized hy a dependence on large parking supplies and a disincentive to pedestrian
interaction. As such, staif would recommend a modest change in Jee and a change in text
giving the discretion to the City (Alternative 2).
D. SUPPORTING DATA
Exhihit A - Draft Ordinance Amendment
-2-
City of Monticello
Wright County, Minnesota
AN ORDINANCE AMENDING TITLE 10, CHAPTER 148, SECTION 6 IGI, OF THE
MONTICELLO ZONING ORDINANCE RELA TING TO PARKING REQUIREMENTS IN
THE '"CCD", CENTRAL COMMUNITY DISTRICT.
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS
AS FOLLOWS:
Section 1.
Chapter 148. Section 6 [G] is amended to read as follows:
[G J Parking:
1. Supply: Property owners shall comply with the parking supply requirements as listed
in Subdivision 3-5 [Hl of this ordinance. However. property owners may be granted
flexibility from a portion of their required parking supply under the following
conditions:
a. Where the City finds that there will be adequate opportunity to provide public
parking in the vicinity of the subiect property. and at the City's option. the
property owner shall pay into a "CCD" Parking Fund an amount as
established by City Council resolution. Said fund shall be used for the
acquisition, construction, and/or maintenance of publicly-owned parking in
the "CCD" district.
b. The City may. in addition to, or as an alternative to, the option listed in
Subdivision 14B-6 [GJ l.a., and at the discretion of the City. the City may
offer the property owner the opportunity to choose to a property oVvncr may
supply parking at a rate which is sixty percent (600;;1) of the requirement listed
in Subdivision 3-5 [H]. provided that the owner grants an easement to the
public for automobile parking use over the subject area. The owner shall
retain responsibility for maintenance of said parking area.
Section 2.
This ordinance shall become effective from and after its passage and publication.
/ /s/ /
Council Agenda - 10/9/00
5E. Consideration of approvin!:! new hires and departures for the Community Center, City
Hall and Liquor Store. (R W)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring of new employees that have occurred recently at the
Monticello Community Center. liquor store and city hall. As you recall, it is recommended that
the Council officially ratify the hiring of all new employees including part-time and seasonal
workers.
B. ALTERNATIVE ACTIONS:
1. Ratify the hiring of the five part-time employees for the Community Center, city hall
and liquor store identified on the attached list.
C. SUPPORTING DATA:
List of new part-time employees.
NEW EMPLOYEES
Name Title Department Hire Date Class
Sieg, Daniel J wheel park attendant MCC 9/4/00 PT
Link, Trevor J pool attendant MCC 9/7/00 PT
Moran, Michael J clerk Liquor Store 9/16/00 PT
Evans, Harry A custodian MCC 9/16/00 PT
Keppers, Mary receptionist City Hall 10/3/00 PT
TERMINA TING EMPLOYEES
Name
Reason
Department
Last Day
Class
Modesitt, Rae
Rogosheske, Kristin
voluntary
involuntary
MCC
MCC
9/19/00
9/14/00
PT
PT
i-
employee cc listxls.xls: 09/26/2000
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Council Agenda - 10/9/00
SF. Consideration of resolution supporting a fee increase for Deputy Registrar. (R W)
A. REFERENCE AND BACKGROlJND:
A primary legislative of objective of the Minnesota Deputy Regi strar' s Association for the
next legislative session will be to achieve approval of a fee increase for deputy registrars. The
last fee increase was in 1989 when the fees were raised by $.25 to the current $3.50 per
transaction amount.
The Deputy Registrar Association is asking for support from city councils that provide motor
vehicle services to their citizens to adopt a resolution supporti ng the Association's efforts to
seek legislative changes in the fees.
B. ALTERNATIVE ACTIONS:
1. Adopt a resolution supporting attempts to increase the fees for deputy registrar
transactions.
2. Do not adopt a resolution.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that the resolution be adopted supporting
the effort to increase the deputy registrar fees. The cost for the City of Monticello to provide
this service for its residents has risen over the years. It would seem appropriate for the
legislature to al10w the fees to be increased to cover the increased cost of-operations.
D. SUPPORTING DATA:
A copy ofthe resolution.
RESOLIJTION NO. 2000-71
RESOLUTION SUPPORTING A FEE INCREASE FOR
DEPUTY REGISTRARS
WHEREAS, the State of Minnesota established a puhlic/private deputy registrar system to provide
citizens convenient locations to conduct title registration services for motor vehicles and DNR
recreational vehicles; and,
WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle
transactions to be retained by the deputy registrar to defray the cost of providing the local service; and,
WHEREAS, since 1983, the user service fee for motor vehicle transactions has had only one increase
of $0.25 in 1989. Since 1989, the consumer price index has increased by more than 35% and the
minimum wage has increased 41 %; and,
WHEREAS, the deputy registrar administrative fee is a user fee that should fully support the cost of
providing motor vehicle transactions; and,
WHEREAS, the user service fee no longer covers the operational costs to maintain most deputy
registrar offices. Many puhlic registrars must use property tax levy to subsidize this service. With
legislatively imposed levy limits this becomes increasingly difficult. Rural areas with lower volumes
are in jeopardy of losing service.
NOW THER[~FORE, BE IT RESOLVED that the City Council of Monticello supports and
recommends a user service fee increase in the year 2001 to maintain local title and registration service
to the citizens of Minnesota.
BE IT FURTHER RESOLVED, that the City Council of Monticello further recommends that the
legislature provide for future service fee increases hased on an acceptable economic indicator.
Adopted by the Monticello City Council this 9th day of October, 2000.
Roger Belsaas, Mayor
ATTEST:
Rick Wolfsteller, City Administrator
s~
Council Agenda - 10/09/2000
5G. Consideration of ratifvin1! appointment of a reolaeement park department emplovee.
(J.S.)
A. REFERENCE AND BACKGROIJND:
The city received 46 park employee applications for the position vacated when Tom Pawelk was
transferred to the street department. Seven individuals were interviewed for the position. As of the
writing of this agenda, the selection committee consisting of the Public Works Director and Parks
Superintendent have narrowed the field to two candidates. A second intcrview is being conductcd
with one ofthose candidates over the weekend and a decision will be made and references checked
prior to Monday evening's meeting. We will, therefore, provide the name of the individual selected
and his background at Monday evening's meeting.
~..
Council Update - 10/09/2000
5.G. Consideration of ratifvine appointment of replacement park department emplovee.
(].S.)
A. REFERENCE AND BACKGROUND:
As stated in your council agenda, City staff had narrowed the selection to two candidates as of last
Friday for the replacement park worker. I am pleased to inform you that we have selected Leo
Schroden of Big Lake Township for the new park employee. Mr. Schroden has worked the last three
and a half years with Nature's Little Helper, a local complete irrigation service company. Mr.
Schroden has a broad range of knowledge and skills and should be an asset to our park department.
His references checked out extremely well.
With your confirmation of the hiring ofMr. Schroden we will schedule a medical physical as required
by city ordinance.
The park position is a union position with the Local 49 Operating Engineers and the starting pay is
$13.65 per hour.
City Council Agenda - 10/09/00
511. Consideration ofa rec.]Uest for a simple subdivision requesting that Lots 6 and 7, Manhattan
Lots, 321 Riverview Drive, be split into two separate parcels. Applicant: Michael and
Pamela Wigen. (JO/FP)
A. REFERENCE AND BACKGROUND
Lots 6 and 7, Manhattan Lots are currently recorded under the same Property Identification
number [PID] and as such are a single parcel of land. City approval of a simple subdivision
is required to enable each of the lots to be considered independent tax parcels with
independent PID numbers.
Mr. and Mrs. Wigen have started construction on that portion of the parcel described as Lot
6. The attached land survey reflects that development. After the simple subdivision is
approved, the Wigen's residence will be fully conforming to the Zoning Code upon only Lot
6. Lot 7 will be returned to the party who intended to sell only Lot 6 to the Wigens , and will
remain undeveloped at this time.
The Planning Commission reviewed this item on 10/3/00 and recommended approval of this
simple subdivision.
B. ALTERNATIVE ACTION
1. Motion to approve the simple subdivision of that parcel described as Lots 6 and 7,
Manhattan Lots, to created two parcels to be known as Lot 6, Manhattan Lots; and
Lot 7 Manhattan Lots.
2. Motion to deny the simple subdivision.
C. STAFF RECOMMENDATION
Staff recommends Alternative 1.
D. SUPPORTING DATA
. Copy ofland survey describing Lots 6 and 7, Manhattan Lots.
-1-
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Council Agenda - 10/9/00
51. Consideration of approval of Chan!!c Order No.1 to the Chelsea Road West and
Brentwood Circle Improvement Proiect No. 98-25C. (RW)
A. REFERENCE AND BACKGROUND:
Change Order No. 1 involves the adding of a 6" sanitary sewer service and reconstruction of
sanitary sewer manholes along the Chelsea Road West project. The total cost of the change
order is $8,386.00.
B. ALTERNATIVE ACTIONS:
1. Approve the Change Order No.1 in the amount of $8,386.00 for the additional 6"
sanitary sewer service as noted above.
2. Do not approve the change order.
c. STAFF RECOMMENDATION
It is the recommendation of the project engineer and city administrator that the change order be
approved as outlined above. The cost of this improvement will he assessed to benefitting
property.
D. SUPPORTING DATA
Copy of Change Order No.1.
Chelsea Road WestlBrentwood Circle -. Street, Utilities and Appurtenant Improvements
City of Monticello Project No. 98-25C
WSB Project No. 1196.01
--- _.~"--,.~.._.,- '~"_--'..,-",.- ,."'_.~. .~~~-~ ~~-',. -.. .. '~"-,,~,_.- -"'---~
Owner: City of Monticello Date of Issuance: September 25, 2000
1---.-.-..----.. - on ...._'--'----_._--".~".~,~. ",'".-- -.'''''''-~ ._.~- -'''~.~~
Contractor: Barbarossa and Sons, Inc. I Engineer: WSB & Associates, Inc.
You are directed to make the fOllowing changes in the Contract Document description:
The following items are added to the contract, as attached.
6" Sanitary Sewer Service
Mill Bituminous
Reconstruct Sanitary Sewer Manholes
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: $1,399,891.10 Original Contract Time: September 15,
2000
.... .- ."._-_. --""-"---,"',,~'--- .r~"'~__ ____.u________.__._.____.,._ .... ..
Previous Change Orders: No.- to - Net Change from Previous Change Orders: None
-...--,...-...----....,,- -- ..--.". '..~ ---."" ~" _."......".",.....,---- _0'.,,"_'.,',-
Contract Price Prior to This Change Order: $1,399,891.10 Contract Time Prior to This Change Order: September 15,
2000
"'-'-"'.._-,~,'..'._.,,- -,_. . -... '"..~ --..,.--.,-.-....".,.,..-.-- _....,.".n~_
Net Increase of This Change Order: $8,386.00 Net Increase of Change Order: None
. ----.--.-- ..,---~.~ .~---,.,-~~,.._--,-~,.-".. -.".' -,' .._--'~.', ,...,~".,... ------- .. -_._~, ..~-----,."._,--
Contract Price With All Approved Change Orders: $1,408,277.10 Contract Time With Approved Change Orders:
- . -.-.---.-..-- -- --,-~ .~-". ~'.,'.~ '~ ._"".,--,',..,,,'-'''-~-~.-".~,'' ..- ---
Recommended By' ~~~ Approved By:
Bret A. Weiss, P.E.
WSB & Associates Inc. Barbarossa and Sons Inc.
Engineer Contractor
APp<oved15J A- ~ Approved By: Date of Council Action:
City Engineer I City Administrator
CHANGE ORDER NO.1
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.~ .,/
Change Order NO.1
Chelsea Road West/Brentwood Circle -- Street, Utilities and Appurtenant Improvements
City of Monticello Project No. 98-25C
WSB Project No. 1196.01
Added Item(s)
Item
No.
Spec. No.
.._,..~-_...,.'_. -." --... -_..~.._,._,,_.'-"_.-
Description
Total Add
6" Sanitary Sewer Service
- ---------
Mill Bituminous
--"""",--."..--.....,.,-."..---....
Reconstruct Sanitary Sewer Manholes
-..,----..- --". .---, .._...,,~,.,-~
Units Total Qty. Unit Price
Item Total
LS
.---.,'..- .",,--,,'."- -.-.-.,,"---
$4,400.00
$ 4,400.00
LS
---- --------
$2,800.00
$ 2,800.00
LS
-.---'..- ..._-",'-_.,,'_.,_.._-~~-
$1,186.00
$ 1,186.00
$8,386.00
F:\WPWIN\1196-01\co.1
5J. Consideration of appointment of Community Center Advisory Board members.
(KE)
A. REFERENCE AND BACKGROUND:
At the September 11th City Council meeting, the Council approved the ordinance establishing the
Community Center Advisory Board with board members to include two (2) members for a start
up term of 39 months, two (2) members for a start up term of 27 months and one (1) member for
a start up term of 15 months, for a total of five (5) members on the Board. The Council asked
that Harvey Kendall and Bob Murray, current Small Group members, remain as charter members
of this board for the 39 month term and Mayor Belsaas (also Small Group member) remain as a
voting member and City Council representative for a 27 month term. We advertised then to fill
the remaining 27 month term and the 15 month term.
The Community Center Small Group is recommending Wanda Kraemer to fill the 27 month term
on the Community Center Advisory Board and Idella Ziegler to fill the 15 month term on the
Advisory Board. Both Wanda and Idella have had experience on volunteer boards and in
organizations within the Monticello community and have expressed their interest in serving on this
new board. Wanda Kraemer, as a former city employee, was instrumental in helping establish
policies and programs for the community center. Idella Ziegler has been a charter member of and
takes great pride in the community center and all of the amenities that Monticello has to offer.
We believe that both candidates would be excellent board members.
The Small Group has voted to move their regular meetings to 4:30 p.m. on the fourth Thursday of
each month to make the meetings more accessible to the public.
The student ex-officio member has not been confirmed at this time. More information may be
available at the Council meeting.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the candidates as Community Center Advisory Board members.
2. Motion to deny the candidates as Community Center Advisory Board members.
C. STAFF RECOMMENDATION:
The City Administrator recommends alternative number 1.
D. SUPPORTING DATA:
Copy of letters from Wanda Kraemer and Idella Ziegler.
SEP-25-2000 MON 02:35 PM VEIT ENVIROMENTAL
FAX NO. 763 428 3574
p, 02
9/25/00
Kitty Baltos
Community Centc!' Director
505 Walnut Street
Monticello, MN 55362
D~ar Kitty Ballas.
I would he interested in applying far a position on the advisory board for the Monticello
Comnll.tnlly Center, During my employment with the City I was very involved with the
community center project so I am familiar with constructiou and operations of the center.
My strengths to the board would be the knowledge of the operations and the ability to work wiLh
people ill the community, At this time I am working 01.lt of town, however; J would be available
for meeLings by 4:30 or evenings. If you have any furlher questions or conuncnts, please feel fi:ce
to conlnet me at 428.6725-work or 295-2733-home.
w;:~~~
Wanda Kraemer
1009 Golf Course Road
Monticello, MN 55362
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City Council Agenda - ] 0/09/00
5K. Consideration of approval of final plat and development agreement for Klein Farms
Estates 4th Addition. (.TO)
A. REFERENCE AND BACKGROUND:
On August 14,2000 the City Council granted approval of the preliminary plan and
development stage PUD for the Klein Farms Estates 4th Addition. Council is now asked
to consider granting final plat and development agreement approval.
Subsequent to the previous meeting, the developer has completed the landscaping plan
and completed the final plat. The City Engineer has reviewed the plans and adjustments
have been made to the plans to the satisfaction of the City Engineer.
The summary of the project costs, financial security requirements and City fees arc
attached along with the development agreement and final plat.
The association documentation has not been prepared, therefore the City should withhold
signatures on the plat until this step has been completed.
Please note that the development agreement and summary sheet are in "draft form"
pending submittal of final cost figures.
B. ALTERNATIVE ACTIONS
I. Motion to approve the development agreement and final plat. Motion contingent
on submittal of homeowners association documentation.
2. Motion to deny approval of the development agreement and final plat.
c. STAFF RECOMMENDATION
The City Administrator recommends alternative I.
D. SUPPORTING DATA
Project summary sheet.
Development Agreement.
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DRAFT
DEVELOPER'S AGREEMENT
RESIDENTIAL SlJBDIVISION - KLEIN FARMS EST A TES 4TII ADDITION
THIS AGREEMENT, made and entered into this _ day of , 2000,
by and between the CITY Of MONTICELLO, a municipal corporation organized under the laws
of the state of Minnesota (the "City"), and D. Klein Construction, Inc., a Minnesota Limited
Liability Company (the "Developer").
RECITALS:
WHEREAS, Developer has requested that City grant final approval to a plat to be known
as Klein farms Estates 41h Addition (the "Subdivision"), said land legally described as set forth in
Exhibit A attached hereto and made a part hereof ("Property") which Subdivision shall consist of
4 two family structures; and
WHEREAS, Developer intends to construct, install, provide for and maintain streets,
storm sewer, water main, signs, grading, and drainage activities in accordance with the plans and
specifications as hereinafter described, all at the sole cost and expense of Developer; and
WHEREAS, the City has by resolution adopted on the 11 Ih day of Octo her, 2000, granted
final approval to the Suhdivision provided that the Developer enter into the within Agreement
and that Developer faithfully perform the terms and conditions contained herein.
NOW, TIIEREFORE, in consideration of the premises and the mutual promises and
conditions hereinafter contained, it is herehy agreed as follows:
1. Plat Approval. 'fhe City agrees to approve the Subdivision as requested by
Developer on the terms and conditions as hereafter set forth. The Developer agrees that the
Subdivision shall be developed in accordance with the exhibits attached hereto which are hereby
incorporated by reference as if fully set forth herein. The exhibits are:
Exhibit A -- Final Plat
The final plat, association documentation and protective covenants must be
approved and executed in accordance with City and County ordinances and filed in the office of
the Wright County Recorder at Developer's expense no later than November 30, 2000.
Failure to file the final plat, association documentation and protective covenants
by this date shall render this Agreement null and void in its entirety.
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2. Representations of Developer. As inducement to the City's approval of the
Subdivision and entering into this Agreement the Developer hereby represents and warrants to
the City:
A. That the Developer is the fee owner of the Property and has authority to
enter into this Agreement.
B. That the intended use of the property is for two family residential
development.
C. That the Subdivision complies with all city, county, state, and federal laws
and regulations including, but not limited to, City subdivision ordinances
and zoning ordinances.
D. That to the best of Developer's knowledge, the Subdivision does not
require an Environmental Assessment Worksheet or an Environmental
Impact Statement, but shall prepare the same if required to do so by City
or other governmental entity pursuant to law and shall reimburse City for
all expenses incurred by City in connection with the preparation of the
review, including staff time and attorneys' fees.
3. Developer Improvements. The Developer agrees it shall construct, install, and
maintain certain public improvements ("Developer Improvements") on the Property, at
Developer's sole cost and expense, in accordance with the following exhibits:
Exhibit C -- Building and Site Design Plan/Landscaping Plan
Exhibit D -- Construction Plan
Developer agrees the Developer Improvements shall be performed in accordance
with the plans, specifications, and preliminary engineering reports approved or to be approved by
the City Engineer and the City prior to commencement of construction and thereafter, in
accordance with all City rules, regulations, ordinances, and the requirements of this Agreement,
which shall include, but not be limited to, the following:
1. Street grading, graveling, surfacing, and stabilizing which shall include curbs,
gutter and driveway approaches. (Private street).
2. Storm sewers, including all necessary catch basins, and appurtenances.
3. Water main, including all appurtenances. (Public facilities).
4. Sanitary sewer, including all appurtenances. (Public facilities).
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5. Setting oflot and block monuments.
6. Surveying and staking.
7. Site grading, berming, and landscaping consistent with landscape and the City
Erosion Control Policy Residential Lots regulation.
8. Establishment of post office cluster box stands with groups of six or more in the
single family residential area.
9. The City shall install street name signs, stop signs, and other traffic control signs
at all locations deemed necessary by City, at Developer's cost and expense.
10. Street lights as deemed reasonably necessary by the City.
4. Permits. Upon execution of this Agreement, Developer and other necessary parties
shall promptly apply for all permits, approvals, licenses, or other documents from any and all
necessary governmental agencies (which may include the City, Wright County, PCA and DNR)
so as to enable Developer to construct the Developer Improvements as herein contemplated.
Developer shall use its best efforts to obtain the same as soon as reasonably possihle.
Developer acknowledges that a per unit trunk water main fee, sanitary sewer main fee,
storm sewer main fcc, and pathway assessment shall be incorporated into an assessment role for
Klein Farms. The amounts identified are net costs after credits.
Park/Pathway
Sanitary Sewer
Watermain
Storm Sewer
Total
$1,600.00
$3,237.50
$1,662.50
$8.400.00
$14,900.00
The total assessment for the Subdivision is $1.862.50 per lot.
If the City discerns said plans or applications are deficient, it shall notify the
Developer in writing stating the deficiencies and the steps necessary for correction. Issuance of a
grading or building permit by City shall be a conclusive determination that the plans or
applications have been approved as to the requested activity by Developer and satisfies the
provisions oCthis section.
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The City shall issue building permits prior to City acceptance of the Developer
Improvements provided that the party applying fiJr the building permit agrees to withhold
requests for occupancy until necessary Developer Improvements have heen installed, which
inelude operational and tested sewer and water systems, and roadway development sufficiently
completed to support access by emergency vehicles, snowplows, and garbage trucks, to be
determined by the City Engineer in his sole hut reasonable discretion. Until such approval is
granted, no dwelling may be occupied on either a temporary or permanent basis, except that
model homes may be occupied by sales personnel for marketing and related purposes.
Notwithstanding this provision, if the Developer is in default of this Agreement,
as hereinafter defined, in addition to any other remedy provided by this Agreement, City may
refuse to issue a certificate of occupancy for any lot or parcel in the Subdivision until Developer
cures the default as provided herein.
5. Pre-Construction Activities. The Developer or his engineer shall schedule a pre-
construction meeting with City to review a proposed schedule for construction of the Developer
Improvements.
6. Commencement of Construction of Developer Improvements. Upon obtaining all
necessary governmental approvals, licenses and permits, subject to Unavoidable Delays,
Developer shall commence construction of the Developer Improvements within ten (10) days.
7. Faithful Performance of Construction on mprovements. Developer shall install,
construct, and maintain the Subdivision Items and Developer Improvements in accordance with
the terms of this Agreement. Developer guarantees and warrants the workmanship and materials
respecting such Subdivision Items and Developer Improvements for a period of one year
following City's acceptance of the same ("Guarantee Period").
'rhe Developer shall repair or replace, as directed by the City and at the
Developer's sole cost and expense, any work and/or materials that become defective, in the sole
but reasonable opinion of the City or its Engineer, provided that City or its Engineer give notice
of such defect to Developer within three months following the end of the Guarantee Period. The
Developer, or Developer's contractors, shall post maintenance bonds or other security acceptable
to City to secure these warranties.
8. Inspection of Improvements. Developer authorizes the City Inspector and City
Engineer to inspect construction of the Developer Improvements as required by City and grants
to them a license to enter the Subdivision to perform all necessary work and/or inspections
deemed appropriate during the construction of the improvements until final certification of
acceptance is approved by City for all Developer Improvement items and expiration of any
applicable warranty period.
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Construction and installation plans shall bc provided to City and shall be reviewed by and
subject to approval of the City to insure that the construction work meets with approved City
standards as a condition of City acceptance.
Developer shall cause its contractor to furnish City with a schedule of proposed
operations at least five (5) days prior to the commencement of the construction of each type of
Suhdivision Item and Developer Improvement. The City shall inspect all such work items during
and after construction for compliance with approved specifications and ordinance requirements
until final certification of acceptance is approved by City and expiration of any applicahle
warranty pcriod.
9. Acceptance ofImprovemcnts. Upon notification by Developer that any of the
Developer Improvements have been completed, within ten (10) days City Engineer shall inspect
the Developer Improvement and, at his sole discretion, determine if the Development
Improvement(s) has been completed in accordance with the plans, specifications and exhibits
attached hereto.
If the City Engineer determines that the Developer Improvements have heen
completed in accordance with said requirements, the City Engineer shall give the Developer
written notice of the City's acceptance of the Developer Improvements within seven (7) days
effective as of the date of the inspection.
If the City Engineer determines that the Developer Improvement(s) is not
completed in accordance with said requirements, the City Engineer shall notify Developer in
writing of the deficiency and provide a reasonable date upon which to cure the deficiency.
Failure by the Developer to cure within the stated time period shall constitute an Event of
Default.
10. Completion of Developer Improvements. Developer agrees to complete the
Subdivision Items and Developer Improvements on or before July 15,2001. The Complction
date as provided herein is subject to Unavoidahle Delays as hereinafter defined, in which event
the completion date may be extended by the period of such Unavoidable Delays.
For the purpose of this section, Unavoidable Delays mean delays which are
caused by strikes, fire, war, road weight restrictions, material shortages, weather that renders
construction progress impossible, causes beyond the Developer's control or other casualty to the
Developer Improvements, or the act of any federal, state, or local government unit, except those
acts of the City authorized or contemplated hy this Agreement.
In the cvent Developer believes an extension is warranted, Developer shall request
such extension in writing to the City Engineer and specify the requested length of extension and
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the reason therefore. The City Engineer shall determine the length of the extension, if any, in his
sole but reasonable discretion.
11. Ownership of Improvements. Upon the completion of the Developer
Improvements required to be constructed by this Agreement, and the acceptance thereof by the
City, the Developer Improvements lying within the public easements and public right-of~ways as
shown on the Subdivision plat shall become City property without further notice or action.
Within thirty days thereafter, and before any security as herein required is released, Developer
shall supply City with a complete set of reproducible "AS BUILT" and "DEVELOPMENT
PLAN" plans in a form acceptable to the City Engineer, without charge to City, which
documents shall become the property of City.
12. Clean UP. The Developer shall properly clear any soil, earth, or debris on City-
owned property or public right-of-way resulting from construction work by the Developer, its
agents, or assigns.
13. Erosion and Drainage Control. The Developer shall provide and comply with
erosion and drainage control provisions in the landscape plan and City policy requirements as
described in paragraph 3(8) and as otherwise required by City. As development progresses, the
City may impose additional erosion and drainage control requirements if, in the sole but
reasonable opinion of the City Engineer, they would be useful and appropriate in controlling
drainage and erosion. Developer shall promptly comply with such erosion and drainage control
plans and with such additional instructions it receives from City.
14. Hold Harmless Agreement. Developer acknowledges that its failure to implement
the plans and exhibits as contained herein may cause flooding and/or damage to adjoining
property owners. In such event, Developer agrees to hold City harmless and indemnify City
from claims of all third parties or Developer for damages arising out of such flooding and/or
damages.
The parties recognize that time is of the essence in controlling erosion. In the
event of an emergency situation requiring immediate action to prevent loss or damage to persons
or property, to be determined at the sole discretion of City, the notice and cure provisions of
paragraph 21 shall not apply and City is authorized to undertake any corrective action it deems
necessary to prevent or minimize any such tlooding and/or damage. In such event, Developer
agrees to hold City harmless and indemnify City from claims of all third parties for damages
arising out of said corrective action by City, and agrees to reimburse City for all out-of-pocket
expenses incurred by City arising out ofthe corrective action, including, but not limited to, any
costs necessary to re-landscape disrupted soils located within the Subdivision.
15. Insurance.
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The Developer will provide and maintain or cause to be maintained at all times
during the process of constructing the Developer Improvements until six (6)
months after acceptance of all Developer Improvements and, from time to time at
the request of the City, furnish with proof of payment of premiums on:
(i) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors. completed
operations and contractual liability insurance) together with an
Owner's Contractor's Policy with limits against bodily injury.
including death. and property damage (to include, but not he
limited to damages caused by erosion or flooding) which may arise
out of the Developer's work or the work of any of its
subcontractors.
Limits for bodily injury or death shall not be less than $500,000.00
for one person and $1,000,000.00 for each occurrence; limits for
property damage shall not be less than $200,000.00 for each
occurrence. The City, City Engineer and Developer's Engineer
shall be an additional named insured on said policy. Developer
shall file a copy of the insurance coverage with the City upon
req uest.
(ii) Worker's compensation insurance, with statutory coverage.
16. Security fen Cost ofImprovements. Prior to commencement of construction of
Developer Improvements. the Developer shall post with the City a bond, irrevocable letter of
credit, or dedicated escrow amount (the "Security") in the estimated amount of 1.25 times the
engineer's estimate of the likely cost of such improvements, conditioned upon the faithful
construction of the improvements according to the plans and specifications and final approval of
the City Engineer, and the terms of the subdivision agreement. As the improvements arc
partially completed, the subdivider may request the City to release a portion of the security
representing the cost of the completed improvements as determined by the City Engineer. but at
all times there shall be security in an amount of at least I 2YYo of the estimated cost of the
unfinished improvements. If any escrow account, bond or irrevocable letter of credit deposited
with the City in accordance with this agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew such security or
deposit substitute security of equal value meeting the approval of the City planner at least 30
days prior to the expiration of such security. Failure to provide such alternate security or renew
such security shall constitute a default and the City may declare the entire amount thereof due
and payable to the City in cash. Such cash shall thereafter be held by the City as security deposit
in the same manner as the security theretofore held by the City.
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If the Developer fails to complete, construct, install or correct the Developer
Improvements in accordance with the plans and specifications in the City, the City may perform
the construction or work and apply to the lender pursuant to the letter of credit for the remaining
funds and use those funds to complete construction. This provision shall be a license granted by
the Developer to the City to act, but shall not require the City to take any such action. Developer
consents to such action by City and waives any claim developer may have against the City for
damages in the event the City exercises its rights in accordance with this provisions.
17. Responsibilitv for Costs.
A. Prior to commencement of construction Developer shall pay the City $ to
cover the City's costs in connection with the development of the
Subdivision, including but not limited to construction of Developer
Improvements, legal, planning, engineering, and inspection expenses
incurred in connection with approval and acceptance of the Subdivision
plat, the preparation of this Agreement, and all reasonable costs and
expenses incurred by the City in monitoring and inspecting development
of the Subdivision.
18. Required Tree Planting. The Developer shall be responsible for installation of tree
plantings as identified in the landscaping plan and boulevard plantings as required by the city
ordinance. Required subdivision trees must have a trunk diameter or at least two inches (2") at
one foot (l') above ground. Required trees must be protected and supported by approved tree
guards. Not less than two (2) or more than three (3) species of trees shall be planted in any
block, and neither less than twenty percent (20%) nor more than fifty percent (50%) of the total
trees planted in a block may be of the same species.
On lots with a single frontage or for corner lots with double frontage on two
minor streets, two trees to be planted per street frontage. Trees must be planted at a location
between 4 feet and 10 feet from the curb. The Developer shall take into account the presence of
utility systems when establishing the precise location within the stated acceptable range from the
curb. In areas where sidewalk is being installed, trees shall be planted between the curb and the
sidewalk 4~5 feet behind the curb.
The Developer is free to direct builders to plant trees as required under the
ordinance and this development agreement; however, the Developer is ultimately responsible f()r
compliance with the tree planting requirement.
The letter of credit under Article 7 acts as the security for the landscaping and tree
planting requirements.
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19. Park Dedication. Park dedication has been satisfied with the previous dedication
of land associated with development at Pioneer Park.
20. Miscellaneous.
I. This Agreement shall be binding upon the parties, their heirs, successors
or assigns, as the case may be.
2. Third parties shall have no recourse against any party under this
Agreement. Future residents of the plat shall not be deemed to be third-
party beneficiaries of this Agreement.
3. If any portion, section, subsection, sentence, clause, paragraph, or phase of
this Agreement is for any reason held invalid, such decision shall not
afTect the validity of the remaining portion of this Agreement.
4. So long as the City uses its best efforts to review plans and inspect
improvements, the Developer shall have no cause of action for damages
attributable to delays in the construction and completion of said Items.
5. No one may occupy a building for which a building permit is issued on
either a temporary or permanent basis until sanitary sewer and water lines
have been installed, hooked up, tested, and approved by the City.
6. The action or inaction of the City as to the exercise of any of its rights or
remedies upon an event of default shall not constitute a waiver or
amendment to the provisions of this Agreement as to future events of
default. '1'0 he binding, amendments or waivers shall he in writing, signed
by the parties, and approved hy written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release as to any event of default.
7. This Agreement shall run with the land and shall be recorded in the Office
of the Wright County Recorder. After completion of all Developer's
obligations hereunder, at Developer's request City will execute and deliver
to Developer a release of this Agreement in recordable form.
8. Both parties to this Agreement acknowledge they have been represented
by counsel and have entered into this Agreement freely and voluntarily.
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9. Developer shall install, or cause to be installed, all street lighting in
accordance with City standards at Deve]oper's expense.
2]. Prohibitions Auainst Assiunment of Agreement. Developer represents and agrees
that (except for associating with other individuals or entities), prior to the completion of the
Developer Improvements as certified by the City:
1. Except only by way of security fix, and only for the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to
the Property, or any part thereof, to perform its obligations with respect to
the construction of the Developer Improvements under this Agreement,
and any other purpose authorized by this Agreement, the Developer
(except as so authorized) will not make or create, or suffer to be made or
created, any total or partial sale, assignment, conveyance, or transfer in
any other mode or form of with respect to this Agreement or any interest
therein, or any contract or agreement to do any of the same, without the
prior written approval of City.
2. In the absence ofspeciJie written agreement by the City to the contrary, no
such transfer or approval by City shall be deemed to relieve Developer
from any of its obligations. ]n the event that City approves a substitute
developer and the Property is transferred to said substitute, the City agrees
to relieve the Developer of liability from performance as described in this
contract. Said substitute shall assume all responsibi I ities and rights of the
Developer under this contract.
22. Events of Default Defined. The following shall be "Events of Default" under this
Agreement and the term "events of default" shall mean, whenever it is used in this Agreement
(unless the context otherwise provides), anyone or more of the following events:
I. Failure by the Developer to observe and substantially perform any covenant,
conclition, obligation or agreement on its part to be observecl or performed under
the terms of this Agreement, or the Disbursement Agreement by and between
City, the Developer and Lender.
2. ]fthe Developer shall admit in writing its inability to pay its debts generally as
they become due, or shall file a petition in bankruptcy, or shall make an
assignment for the benefit of its creditors, or shall consent to the appointment of a
receiver of itself or of the whole or any substantial part of the property.
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3. If the Developer shall tIle a petition under the federal bankruptcy laws.
4. If the Developer is in default under the Mortgage and has not entered into a
workout agreement with the Lender.
5. If the Developer shall fail to begin construction of the Developer Improvements in
conformance with this Agreement and such failures are not due to unavoidable
delays as defIned in this Agreement.
6. The Developer shall, after commencement of the construction of the Developer
Improvements, default in or violate its obligations with respect to the construction
of the same (including the nature and the date for the completion thereof), or shall
abandon or substantially suspend construction work, and such act or actions is not
due to unavoidable delays as determined hy the City Engineer in his sole but
reasonable discretion and any such default, violation, abandonment, or suspension
shall not be cured, ended, or remedied within the time provided for in this
Agreement.
23. Notice/Remedies on DeJ~lUlt. Whenever any Event of Default occurs, the City shall
give written notice of the Event of Default to Developer by United States mail at its last known
address. If the Developer fails to cure the Event of Default within fifteen (15) days of the date of
mailed notice, in addition to any other remedy provided in this Agreement, and without waiver of
any such right City may avail itself of any or all of the following remedies for so long as the
Developer is in default:
1. Halt all plat development work and construction of Developer
Improvements until such time as the Event of Default is cured.
J Refuse to issue building permits or occupancy permits as to any parcel
until such time as the Event of Default is cured.
3. Apply to a court of competent jurisdiction to enjoin continuation of the
Event of Default.
4. Exercise any and all remedies available to City pursuant to the
Disbursement Agreement. If the Event of Default is the l~lilure of
Developer to complete, construct, install or correct the Developer
Improvements in accordance with the plans and specifications and this
Agreement, City may perform the construction or work and apply to
Lender pursuant to the Disbursement Agreement to reimburse City for its
expenses. 'I'his provision shall be a license granted by the Developer to
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the City to act, but shall not require the City to take any such action.
Developer consents to such action by City and waives any claim
Developer may have against City for damages in the event City exercises
its rights in accordance with this provision.
5. Terminate this Agreement by written notice to Developer at which time all
terms and conditions as contained herein shall be of no further force and
effect and all obligations of the parties as imposed hereunder shall be null
and void.
24. Miscellaneous.
1. This ^greement shall he binding upon the parties, their heirs, successors
or assigns, as the case may be.
2. If any portion, section, subsection, sentence, clause, paragraph, or phase of
this Agreement is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this ^greement.
3. The action or inaction ofthe City shall not constitute a waiver or
amendment to the provisions of this ^greement. To he binding,
amendments or waivers shall be in writing. signed by the parties, and
approved by written resolution of the City Council. The City's failure to
promptly take legal action to enforce this Agreement shall not be a waiver
or release.
4. Future residents of this Subdivision shall not be deemed to be third party
heneficiaries of this Agreement.
5. This Agreement shall run with the land and shall be binding upon the
Developer. its successors and assigns. The Developer shall, at its expense,
record this Agreement in the Office of the Wright County Recorder. After
the Developer has completed the work required under this Agreement, at
the Developer's request the City will execute and deliver to Developer a
release in recordable form.
6. All parties to this Agreement acknowledge they have been represented by
counsel and have entered into this Agreement freely and voluntarily.
25. Notices. Required notices to the Developer shall be in writing and shall be either
hand delivered to the Developer, or mailed to the Developer by United States mail, postage
12
S~
prepaid to the f()llowing address: P.O. Box 713, Monticello, MN 55362. Notices to City shall
be in writing and either hand delivered to the City Administrator or mailed to City by United
States mail, postage prepaid to the address: 505 Walnut Street, Suite 1, Monticello, MN 55362.
IN WITNESS WHEREOF, City and Developer have signed this Developer's Agreement
the day and year first written above.
CITY OF MONTICELLO
By:
Roger Belsaas
Its: Mayor
By:_________
Rick Wolfsteller
Its: City Administrator
STAfE OF MINNESOTA)
)ss
COUNTY OF WRIGHT)
The foregoing instrument was acknowledged before me this ___ day 01'__
2000, hy Roger Belsaas and Rick Wolfsteller, the Mayor and City Administrator of the City of
Monticello, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
13
s~
DEVELOPER:
D. KLEIN CONSTRUCTION, INC.
By:
Its:
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT)
The foregoing instrument was acknowledged before me this _ day of __~__
2000, by , the of D. Klein Construction, Inc., a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
14
s~
THIS INS'rRUMENT WAS DRAFTED BY:
OLSON, USSET & WEINGARDEN P.L.L.P.
4500 Park Glen Road, Suite 310
St. Louis Park, MN 55416
muni/mont/145 DevAgmt
]5
cv
~ '!-'-~
EXHIBIT A
Outlot ^ of Klein farms Estates, Wright County, Minnesota.
16
~)~
Summary of expenses - Klein Farms Estates 4-- Development notes
October 6 - Estimates Only
Trunk or Dedication Fees to be Assessed
1,75 Acres. 8 lots
Acreage Acres Credit
Charge
Park $000 Does not a Acres
Pathway $1,600.00
Fallon Avenue Pro-Rata share
$0 0
$0
$0,00 Does not apply - covered with previous develop
Sanitary Sewer
Watermain
$1,850 1,75
$950 1.75
$0
$0
$3,237,50
$1,66250
Storm Sewer
$4,800 1.75
$0
$8,400,00 No ponds no credits
Total amount to Assess
$14,90000
$1,86250
Per lot Assessment based on 8 lots
Letter of Credit - City Fees
Const
Cost
San Sew, Roads, Storm Sewer, Sidewalk plus 25%
$125,000 Includes landscaping
City Fee based on 8% of total cost.
$8,000
\JSP - Lighting
Developer expense
Grading Fee
$0 No grading fee - project to small - no city exp
T rees/Lanscaping
$0 Secured by Letter of Credit
DRAFT
SK-
Council Agenda - 10/09/2000
7. Review and discussion of options for rebuildin2: CSAH 75 (Broadway). (.J.S.)
A. REFERENCE AND BACKGROUND:
During the workshop previous to the start of the Council Meeting, the City Council was presented
with current information in regard to all of the comments we received from the general public. You
have received information from the City Engineer in regard to ways to mitigate the overall efIects
of the project. You have heard from Wright County regarding their opinions in support of the
channelized left turn improvements. You have heard from the Wright County Sheriff s Department
in regard to traffic. You have heard the projects of increases in traffic, the traffic speeds and the
different ways for the city to keep the traffic from growing on Broadway by completing the loop
ramp at CR 18, the East ]lh Street interconnect between the Catholic Church and CSAH 75. Also,
the West 7th Street interconnect between Minnesota Street and Elm Street. You have read comments
from the fire chief in regard to access from the proposed project. You have seen costs, you have
looked at the plans, proposals and recommendations from the various planning bodies who put
together the overall plan, and you each have an image of what you think Monticello should look like
in 20 years and your own ideas of how best to solve the ever increasing traffic problems and safety
problems occurring out there.
You have heard ways that the project can be started and staged over a period of years, as well as a
innovative approach by the Wright County Highway Department to allow a three-lane section for
a period of time. Wright County needs an indicator from us as to how we are going to proceed with
the project. They need to begin their design work shortly to keep this project on time and have it bid
early in the year. The City staff needs time to prepare all of the necessary documents to go with the
project, including our lighting and utilities replacement. We would like the City Council to give
some direction to the staff as to which approach they intend to select. 'fhe actual staging of the
project, the actual final design will be brought forth at future meetings for your comments, review
and approval. Today the following alternatives arc laid before you.
B. ALTERNATIVE ACTIONS:
I. The first alternative is to approve the installation of the median and configuration to allow
an interim three-lane section which would allow parking, one lane in either direction and a
designated left turn lane. The interim period of time would be five years or less if the three-
lane section began to break down and cause significant delays. This would be the case if no
other improvements were made in other parts of the city to alleviate traffic on 75 and traffic
continued to increase beyond the projections. At the end of the five-year period or
degradation of the three-lane section, the highway would be re-striped by Wright County for
a five lane section and parking would be eliminated in all but the downtown area.
2. The second alternative would be to build the five-lane section and designated left. turns and
eliminate parking in all hut the downtown area at the beginning.
Council Agenda - 10/09/2000
3. The third alternative would be to table action on the approval of design of the roadway
pending further study or analysis as ordered by the City Council. This may cause some
problems for Wright County ifnot done promptly.
4. The fourth alternative would be to approve no changes in the four~lane section to request the
county put the roadway in its original design with the exception of some safety
improvements in the area of Pinewood Elementary School and Otter Creek Road, and to
complete the final safety improvements started this year from Cedar Street to Walnut Street.
C. STAFF RECOMMENDATION:
City staLl including the various planning bodies and City Engineer, and the Wright County Ilighway
Department are convinced that safety improvements need to be made on this section of highway.
All of the data collected points toward increased traffic and increased severity of accidents if not
frequency of accidents in the future. It is the statT s opinion that a comprehensive approach to the
overall transportation i n the community should include channelization and designated left hand turns
on Broadway. These improvements should include sidewalk on the north side of Broadway to
provide pedestrian access to the side streets. This appears to be the fl)[efront orthe plan to get safety
improvements completed. The addition of grass and irrigation versus a wide concrete median of
solid white concrete are more of an image and beautification and quieting of the traffic, as is the
addition of trees on the boulevards and medians, and lighting on the medians as well as on the
boulevards. These improvements add to the vision or image or beautification of the city and have
a tendency to quiet traffic and should reduce speeds. All of these improvements, however, could be
staged. The main objective here should be to provide for the projected traffic increases to Broadway
and a higher level of safety to the traveling public and pedestrians as a whole. Stall therefore,
recommends alternative #1 and then staging of the image, beautification and traffic quieting portions
of the project to fit in with the city's budget capabilities.
D. SUPPORTING DATA:
No supporting data is being provided with this agenda packet. Please refer to the packets provided
at the workshop and those delivered to you in the workshop agenda and information provided at past
and previous agendas.
Council Agenda - 10/9/00
8. Presentation bv Central Minnesota Initiative -Connie Marcyes. (R W)
A. REFERENCE AND BACKGROUND:
In June information was received from the Central Minnesota Initiative Fund regarding
various projects they are involved in and requesting support of the Initiative Foundation.
Connie Marcyes, Director of Development for the Central Minnesota Initiative Fund
will be attending the council meeting to make a brief presentation.
B. SUPPORTING DATA:
Copy of information dated June 16, 2000.
June 16, 2000
INITIATIVE
FOUNDATION
Dawn Grossinger, Clerk
City of Monticello
505 Walnut St
PO Box 1147
Monticello, MN 55362-1147
Dear Ms. Grossinger:
The Initiative Foundation would like to thank the City of Monticello for the $1,000 contribution
made to the Wright County Capacity Fund Campaign. We are grateful for your interest in and
support of our programs and are pleased to provide you with a progress report on various
activities in our 14 county service area. At this time, we would like to invite you to continue to
support our programs through an additional annual contribution towards our Phase IV (1997-
2002) Capacity Fund Campaign.
m our 14-year history, the Initiative Foundation has improved the quality of life in the region by:
· Distributing $22 million in grants and loans
. Creating or retaining 5,159 jobs
· Leveraging an additional $67.7 million in private business investment
. Training over 500 community leaders
The special partnership we share with generous friends like you has enabled the Initiative
Foundation to distribute $1,480,747 in grants & loans in Wright County alone.
Please note the enclosed project list, which details the work we have supported. We have been,
and continue to be, an active force for economic development, community planning, leadership
development and donor services in Central Minnesota. Because of your support the Initiative
Foundation is able to provide gap financing for new and expanding businesses. In addition we
provide grant dollars to area non-profit organizations, schools and units of local government, in
order to keep our communities viable and healthy. Your gift does have direct impact on your
community as shown with recent projects we've funded:
GENTRAL MINNt~~()TA'S
INfTlATIVE FUND
405 riftST SnU-:f!:T SE
LITTLE h\LLS. MN 56345
PHONE: 320.632,9255
FAX: 320.632.925H
'^""""".IFOUND.ORG
g
Projects Funded in Wright County
(through 4/30/00)
GRANTS AWARDED...
ORGANIZATION NAME
FY 2000
All Parks Alliance For Change
Buffalo High School
Buffalo School District
City of Howard Lake
City of Maple Lake
City of Rockford
Delano Public Schools (behalf/City of Delano)
Economic Dev. Partnership of Wright Co.
FY 1999
City of Annandale
Hubert H. Humphrey Museum Learning Center
Maple Lake School District
FY 1998
City of Albertville
City of Waverly
Wright County Technical Center
FY 1997
Buffalo School District
City of Buffalo
City of Maple Lake
Dassel Cokato School District
FY 1996
Annandale School District
Cokato Charitable Trust
Wright County Historical Society
FY 1995
Annandale School District
Cities of Rockford/Greenfield (Bi-county)
City of Albertville
City of Rockford
City of South Haven
City of Waverly
Maple Lake School District
Montrose Elementary Schools
FY 1994
City of Maple Lake
Wright County - East
Wright County - West
Wright County Economic Development
FY 1993
Maple Lake Manor
Northern Lights Commmunity Adv.
Teenage Pregnancy Prevention
Wright County CAP - Maple Lake
FY 1992
City of Rockford
Clearwater Economic Development Corp,
Minnesota Pioneer Park, Annandale
Riverside Community Forum
PROJECT TITLE
Central MN Outreach Program
Buffalo Youth Aquaculture
Cafe 22 Planning
Capital Planning Process
Healthy Communities Partnership Training
Healthy Communities PartnerShip Training
Healthy Communities Partnership Training
Wright County Marketing Piece
Industrial Park Planning
Design and Development
Community Building Initiative
Strategic Planning
Five Year Financial Plan for Capitallmproveme,
NDC Finance Training
Community-Based Learning
Senior Housing Needs Assessment
Housing Needs Assessment
Character Counts Initiative
Youth First
Feasibility Study/Congregate Living Facility
Hubert H. Humphrey Museum
Family Enrichment
Feasibility Study for Joint Sewer System
Long Range Planning
Feasibility Study
Wastewater Treatment Plan
Visionary Enrichment Project
Roots & Wings
Family Night Out
Community Care Project
Long Range Planning
Long Range Planning
Overall Economic Development Plan
Intergenerational Program for Seniors
Domestic Abuse Program
TAPPP Assessment for the Future
Emergency Assistance
Comprehensive Planning
Development Planning Project
youth/Senior Volunteers
Development of Community Pride Newsletter
INITIATIVE
FOUNDATION
AMOUNT
$20,000
4,900
5,000
5,000
10,000
10,000
10,000
2,000
5,000
25,000
2,000
1,150
3,500
2,000
5,000
2,500
2,500
10,000
10,000
2,500
10,000
$10,000
2,500
10,000
1,000
1,000
10,000
5,000
8,000
10,000
2,500
2,500
2,500
1,000
10.000
2,000
3,500
1,000
1,500
9,300
500
(7
,..j
EXAMPLES OF LOANS AWARDED ...
BUSINESS NAME
FY 2000
Bonita Metals, Inc.
(Highland Bank - S1. Michael)
GEM Development, Albertville
(Stearns Bank - S1. Cloud)
Grandma Jon's Bakery, S1. Michael
(Highland Bank - S1. Michael)
Injection Technologies, Cokato
(State Bank of Cokato)
FY 1999
Ring Around the Pony, Maple Lake
(Crow River State Bank)
FY 1998
Advanced System Design, Buffalo
(Buffalo National Bank)
Jeff-Ex Muffler, Montrose
(Riverside Bank - Brooklyn Park)
Mink Lake Manufacturing, Buffalo
(Oakley National Bank, Buffalo)
Taralan Corporation, Buffalo
(Buffalo National Bank)
FY 1997
First Call Physicians, Inc., Buffalo
(Buffalo National Bank)
Product Technologies, Maple Lake
(Security State Bank - Maple Lake)
Standard Iron, Inc., Monticello
(First Bank - S1. Cloud)
.;y 1996
Counter Tops Plus, Buffalo
(Rockford State Bank)
Deck Rescue Plus, Rockford
(Rockford State Bank)
Eden Electronics, Montrose
(Buffalo National Bank)
Mumford Sanitation, Howard Lake
(Citizens State Bank - Waverly)
Vector Tool, Monticello
(Marquette Bank - Monticello)
FY 1995
Beckman Construction, Annandale
(Security State Bank - Maple Lake)
Injection Technologies, Cokato
(State Bank of Cokato)
Kirk S. Champlin, Annandale
(Security State Bank. Maple Lake)
MJR Well & Pump, Annandale
(Security State Bank - Maple Lake)
FY 1994
Mortensen Trucking, Monticello
(Marquette Bank - Monticello)
Standard Iron, Inc., Monticello
(Norwest - Minneapolis)
o;;y 1993
Suburban Machine/Mfg., Buffalo
(First Star Bank - Plymouth)
Council Agenda - 10/9!OO
9. Consideration of establishing ordinance regulatint! nawn shops. (RW)
A. REFERENCE AND BACKGROUND:
For a number of years, Walt's Pawn and Gun Shop has operated at 149 East Broadway in
downtown Monticello. For the purpose of promoting the public health. safety and welfare of the
community, a municipality may adopt an ordinance that provides stricter regulations on how
pawn shops must operate in addition to those already required by state law. Many communities
with pawn shops have their own ordinances that regulate who can operate a pawn shop, hours of
operation, and numerous record keeping requirements in an effort to make it easier for law
enforcement personnel to determine if any items being pawned are stolen, etc.
Other than our zoning ordinance which allows this type of business to be located in a downtown
commercial zone, the City has not in the past had any ordinance regulating pawn shops. Certain
information regarding each transaction is required to be available to local law enforcement
personnel but Sheriff's Department detectives, Paul Johnson and Gary Reiton had recently
requested that the City consider regulating pawn shops further by specifically identifying
procedures that pawn shops need to follow. Rather than the police department going to the
pawn shop to pick up copies of transactions that have occurred, the Sheri ff s Department had
originally hoped to have the pawn shops send a weekly summary of all transactions to the police
department. In addition, the Sheriff's Department would like to have seen a regulation requiring
the right thumb print on each receipt for pawned items that would also be subm itted to the
SheriJTs Department. These types of regulations would help the Sheriffs Department in
tracking down stolen items and determining who actually pawned the items.
Since my initial discussion with Detectives Johnson and Reiton in June, the Sheriffs Department
has obtained more information about a new automated pawn system that is used by the City of'
Minneapolis that requires all pawn shops licensed within the city to transmit daily by computer
all of their transactions to a central computer that allows the police departmentto continually
monitor items that are pawned and to identify individuals who pawn the items. This automated
system has become available to any county or municipal police department to utilize by entering
into a software agreement with the City of Minneapolis and by agreeing to pay a $1 fee per
transaction to the City of Minneapolis. This fee is recovered by the city or county by billing the
pawn shop the same amount so that there is no cost to the individual city for this service. [n
order for the City of Monticello to participate in this system, we would need to establish a pawn
shop ordinance, whieh is the purpose of this agenda item.
Since our police enf(Jrcement is contracted through the Wright County Sheriff's oHlee, Wright
County would be the entity that enters into a software agreement with the City of Minneapolis.
The Sherin~s Department will be responsible for remitting any fees to the City of Minneapolis
and would also do the billing to the local pawn shops for each transaction they take in during the
month. The real benefit of this type of computerized tracking is that it would allow any police
department who participates with the City of Minneapolis the ability to access all items that are
pawned in cities that participate with Minneapolis and identifying information on the individuals
that pawned the items. The more communities that participate in the centralized repository of
pawn records, the easier it will be for law enforcement personnel to track not only stolen items
Council Agenda - 10/9/00
but also to track i ndi viduals who may be doing numerous pawning of items.
If the ordinance is adopted, there is a one time hookup cost to the pawn shop, as well as the fee
charge for each transaction. 'fhe estimated cost to thc pawn shop would be approximately
$1, 100 for the initial equipment and setup. In addition, the pawn shop would have to add a
service charge to each transaction of $1.00, which would ultimately be paid to the Sheriffs
Department and then forwarded to the City of Minneapolis. While it is true that adoption of this
ordinance would place additional financial cost on the operator of a pawn shop, it is believed that
the benefits to the community of potentially eliminating a source for stolen property to be
liquidated and the ability for law enf()[cement to track and return stolen property to its rightful
owner outweigh the initial cost to the pawn shop. As Sheriff's Department representatives will
note, many items are pawned every year in Monticello from residents of Minneapol is and
suburban communities and you would have to question why are they driving out to Monticello to
pawn an item rather than using a pawn shop next door to where they live? Is it because they can
he tracked easier in the metro area? Closing this loophole would seem to be in the best interest
of protecting the welfare of the community.
I have asked Detective Johnson and Sergeant Reiton to be in attendance at the council meeting
to further explain the benefits of this ordinance. I have also notified Walt's Pawn Shop that this
item will he considered by the council Monday night.
B. AL TERNA TIVE ACTIONS:
I. Adopt an ordinance regulating pawn shops and requiring participation in the automated
pawn system service offered by the City of Minneapolis.
2. Do not adopt an ordinance at this time.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that the pawn shop ordinance be adopted as
proposed. Many of the requirements of this ordinance are already required of pawn shops by
state statutes, requiring a pawn shop to be connected by computer to the central date base of the
City of Minneapolis would definitely allow all law enforcement personnel to easily track
individuals and items being pawned in Monticello. If such an ordinance helps eliminate
criminals from attempting to pawn items in Monticello or it allows items pawned that are stolen
to be returned to their rightful owner easier, adoption of the ordinance would certainly bc aq
benefit to the welfare ofthc community.
D. SUPPORTING DATA:
Letter from Sheriffs Department
· Copy of proposed ordinance
· List of cities that are participating or considering software agreements
v~-rY Ok
(J<> ~
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"1, ..4y
1ss6
Non-Emergency
Administration
Records
Civil
Warrants
Investigation
Jail Admin.
WRIGHT COUNTY
SHERIFF'S OFFICE
GARY L. MILLER
SHERIFF
Don Lindell
Chief Deputy
Dave Miller, Captain
Operations
Gary Torfin, Captain
Jail Administrator
10 2nd 51. NW, RM 170
Buffalo, Minnesota 55313-1197
1-800-362-3667
August 16, 2000
City of Monticello
Mr. Rick W olfsteller
Monticello, Minnesota 55362
Mr. W olfsteller:
The Minneapolis Police Department has started a system known as the Automated Pawn Shop System
(APS). I along with Sergeant Reitan have reviewed this system and feel that the City of Monticello needs to
adopt these ordinances for its pawn shop. All pawn shops in the Minneapolis, Duluth, Rochester, as well
as Surrounding Suburbs are hooked up to the central computer system which runs all pawn transactions. If
anything comes back as stolen it will alert the local department where the item is at.
There is a one time hook up cost to the pawn shop, as well as a fee charged per each transaction.
According to ordinance the fees are added to each pawn ticket as a service charge. Computer access is also
linked to the local law enforcement office who has access to pawn shop activity. This is a way of tracking
suspect as they travel to other jurisdictions to sell their goods.
Attached is the minimum suggested language for the ordinances that are needed for this program to work.
This is a good program as it eliminates a source for stolen property to be liquidated, and it will track and
return the property to its rightful owner. There is no financial gain to Wright County, the fee is collected
and passed on to Minneapolis. There is an expense for the pawn shop owner, but a compromise is that
Monticello currently has no licensing fee and you will see that Minneapolis charges annual license fee of
$2,500/yr. I do have these ordinances on computer disk and believe the wording can be changed for your
city, Please get back to me if you have any questions.
/i;;~/
Paul A. Johnson
Detective
-
682-1162
682-7620
682-7622
682- 7645
682-7688
682-7630
682-7662
q
Automated Pawn System ™ Service
May 2000
Jurisdictions that have requested and received APS Service
information Jurisdictions that have requested APS Software License and Service
Agreements Jurisdictions that have signed Software License and Service
Agreements
Anoka County Attorney Anoka County Sheriff Becker County Sheriff Big Lake PO
Buffalo PO Brooklyn Park PO Chaska PO Cottage Grove PO Dakota County Chiefs of
-" Police Fergus Falls PO Hilltop City Attorney lino Lakes PO Litchfield PO Martin County
Sheriff Ramsey City Attorney Rochester PO Roseville PO Sibley County Sheriff South
St. Paul PO St. Louis County Sheriff Tri-County Investigator Assoc. Wright County
Sheriff Airport PO Alexandria PO Apple Valley PO -Brooklyn Center PO Columbia
Heights PO Eagan PO Eden Prairie PO **Faribault PO Grand Rapids Hopkins PO
New Brighton PO Northfield PO Maple Grove -Red Wing PO **Sl Louis Park PO
Stillwater PO Belle Plaine *8laine PO *8loomington PO *Burnsville PO
Crystal PO -Carver County Sheriff *Coon RapidS PO Dakota County Sheriff Edina
PO Elko-New Market *Fridley PO Golden Valley *Hastings Police Dept Hennepin
County Sheriff Jordan Lakeville PO LeSeuer County Sheriff *Minneapolis
Minnetonka New Hope New Praque Plymouth Prior Lake *Ramsey County Sheriff
-Rice County Sheriff *Richfield *Robbinsdale PO Savage *Scott County Sheriff
*Shakopee *Sl Paul U of MN PO Washington County Sheriff *West Sl Paul PO
* Contributing jurisdictions ** Data contributor lordinance pending
q
3-15-1
3-15-2
3-15-3
3-15-4
3-15-5
3-15-6
3-15-7
3-15-8
3-15-9
3-15-1 0
3-1 5-11
3-15-12
3-15-1 3
3-15-14
3-15-1 5
3-15-16
3-15-17
3-15-1 8
3-1 5-1 9
3-15-20
3-15-1 :
CHAPTER 15
PAWN SHOPS
Purpose
Definitions
License Required
Application Required
License Fees
Bond Required
Persons Ineligible for License
Records Required
Application Execution
Daily Reports to Police
Receipt Required
Redemption Period
Holding Period
Police Order to Hold Property
Inspection of Items
Label Required
Prohibited Acts
Denial, Suspension or Revocation
Business at Only One Place
Separability
Purpose. The city council finds that use of services provided by pawnbrokers
provides an opportunity for the commission of crimes and their concealment
because pawn businesses have the ability to receive and transfer property stolen
by others easily and quickly. The city council also finds that consumer
protection regulation is warranted in transactions involving pawnbrokers. The
city council further finds that the pawn industry has outgrown the city's current
ability to effectively or efficiently identify criminal activity related to pawn shops.
The purpose of this chapter is to prevent pawn businesses from being used as
facilities for the commission of crimes, and to assure that such businesses
comply with basic consumer protection standards, thereby protecting the public
health, safety, and general welfare of the citizens of the city.
!
To help the police department better regulate current and future pawn
businesses, decrease and stabilize costs associated with the regulation of the
pawn industry, and increase identification of criminal activities in the pawn
industry through the timely collection and sharing of pawn transaction
information, this chapter also implements and establishes the required use of the
automated pawn system (APS).
q
3-15-2:
3-15-3:
3-15~4:
Definitions. When used in this article, the following words shall mean:
Pawnbroker. Any natural person, partnership or corporation, either as principal,
or agent or employee thereof, who loans money on deposit or pledge of personal
property, or other valuable thing, or who deals in the purchasing of personal
property, or other valuable thing on condition of selling the same back again at a
stipulated price, or who loans money secured by chattel mortgage on personal
property, taking possession of the property or any part thereof so mortgaged. To
the extent that a pawnbroker's business includes buying personal property
previously used, rented or leased, or selling it on consignment, the provisions of
this chapter shall be applicable.
Reportable transaction. Every transaction conducted by a pawnbroker in which
merchandise is received through a pawn, purchase, consignment or trade, or in
which a pawn is renewed, extended or redeemed, or for which a unique
transaction number or identifier is generated by their point-of-sale software, is
reportable except:
(1) The bulk purchase or consignment of new or used merchandise from a
merchant, manufacturer or wholesaler having an established permanent place of
business, and the retail sale of said merchandise, provided the pawnbroker must
maintain a record of such purchase or consignment which describes each item,
and must mark each item in a manner which relates it to that transaction record.
(2) Retail and wholesale sales of merchandise originally received by pawn or
purchase, and for which all applicable hold and/or redemption periods have
expired.
Billable transaction. Every reportable transaction conducted by a pawnbroker
except renewals, redemptions or extensions of existing pawns on items
previously reported and continuously in the licensee's possession is a billable
transaction.
LICENSE REQUIRED. No person shall engage in the business of pawnbroker at any
location without a pawnbroker license for that location. No pawnbroker license may be
transferred to a different location or a different person. Issuance of a license under
this chapter shall not relieve the licensee from obtaining any other licenses required to
conduct business at the same or any other location.
APPLICATION REQUIRED.
(a) (Contents.) An application form provided by the city clerk must be completed by
every applicant for a new license or for renewal of an existing license. Every new
applicant must provide all the following information:
(1) If the applicant is a natural person:
a. The name, place and date of birth, street resident address, and phone number of
applicant
2
q
b. Whether the applicant is a citizen of the United States or resident alien.
c. Whether the applicant has ever used or has been known by a name other than
the applicant's name, and if so, the name or names used and information concerning
dates and places used.
d. The name of the business if it is to be conducted under a designation, name, or
style other than the name of the applicant and a certified copy of the certificate as
required by Minnesota Statutes, Section 333.01.
e. The street address at which the applicant has lived during the preceding five (5)
years.
f. The type, name and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years and the name(s)
and address(es) of the applicant's employer(s) and partner(s), if any, for the
preceding five (5) years.
g. Whether the applicant has ever been convicted of a felony, crime, or violation of
any ordinance other than a traffic ordinance. If so, the applicant must furnish
information as to the time, place, and offense of all such convictions.
h. If the applicant does not manage the business, the name of the manager(s) or
other person(s) in charge of the business and all information concerning each of
them required in a. through g. of subdivision (1) of this section.
(2) If the applicant is a partnership:
a. The name(s) and address(es) of all general and limited partners and all
information concerning each general partner required in subdivision (1) of this
section.
b. The name(s) of the managing partner(s) and the interest of each partner in the
licensed business.
c. A true copy of the partnership agreement shall be submitted with the application.
If the partnership is required to file a certificate as to a trade name pursuant to
Minnesota Statutes, Section 333.01, a certified copy of such certificate must be
attached to the application.
(3) If the applicant is a corporation or other organization:
a. The name of the corporation or business form, and if incorporated, the state of
incorporation.
b. A true copy of the Certificate of Incorporation, Articles of Incorporation or
Association Agreement, and By-laws shall be attached to the application. If the
applicant is a foreign corporation, a Certificate of Authority as required by
"l
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<1
Minnesota Statutes, Section 303.06, must be attached.
c. The name of the manager(s) or other person(s) in charge of the business and all
information concerning each manager, proprietor, or agent required in a. through
g. of subdivision (1) of this section.
(4) For all applicants:
a. Whether the applicant holds a current pawnbroker, precious metal dealer or
secondhand goods dealer license from any other governmental unit.
b. Whether the applicant has previously been denied, or had revoked or
suspended, a pawnbroker, precious metal dealer, or secondhand dealer license
from any other governmental unit.
c. The location of the business premises.
d. Such other information as the city councilor issuing authority may require.
3-15-5: APPlICA liON EXECUTION. All applications for a license under this chapter must
be signed and sworn to under oath or affirmation by the applicant. If the application
is that of a natural person, it must be signed and sworn to by such person; if that of
a corporation, by an officer thereof; if that of a partnership, by one of the general
partners; and if that of an unincorporated association, by the manager or managing
officer thereof. Any falsifiction on a license application shall result in the denial of a
license.
3-15-6: PERSONS INELIGIBLE FOR A LICENSE. No licenses under this chapter will be
issued to an applicant who is a natural person, a partnership if such applicant has
any general partner or managing partner, a corporation or other organization if
such applicant has any manager, proprietor or agent in charge of the business to
be licensed, if the applicant:
(1) Is a minor at the time that the application is filed;
(2) Has been convicted of any crime directly related to the occupation licensed
as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the
duties of a licensee under this chapter as prescribed by Minnesota Statutes,
Section 364.03, Subd. 3; or
3-15-7:
(3) Is not of good moral character or repute.
License fees. ~.!
(a1 The annual license fees for licenses issued under this chapter shall be: ~,.J..t./)
~ '(I....f. (c7.h, Cou /"'~ ,'/ . ., f ..
(b) The billable transaction license fee shall reflect the cost of processing
transactions and other related regulatory expenses as determined by the city
4
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council, and shall be reviewed and adjusted, if necessary, every six (6)
months. Licensees shall be notified in writing thirty (30) days before any
adjustment is implemented.
(c) Billable transaction fees shall be billed monthly and are due and payable
within thirty (30) days. Failure to do so is a violation of this chapter.
3-15-8: BOND REQUIRED. Before a license will be issued, every applicant must submit a
five thousand dollar ($5,000.00) bond on the forms provided by the licensing
authority. All bonds must be conditioned that the principal will observe all laws in
relation to pawnbrokers, and will conduct business in conformity thereto, and that
the principal will account for and deliver to any person legally entitled any goods
which have come into the principal's hand through the principal's business as a
pawnbroker, or in lieu thereof, will pay the reasonable value in money to the
person. The bond shall contain a provision that no bond may be canceled except
upon thirty (30) days written notice to the city, which shall be served upon the
licensing authority.
3-15-9: RECORDS REQUIRED. At the time of any reportable transaction other than
renewals, extensions or redemptions, every licensee must immediately record in English
the following information by using ink or other indelible medium on forms or in a
computerized record approved by the police department.
1. A complete and accurate description of each item including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other
identifying mark on such an item.
2. The purchase price, amount of money loaned upon, or pledged therefor.
3. The maturity date of the transction and the amount due, including monthly
and annual interest rates and all pawn fees and charges.
4. Date, time and place the item of property was received by the licensee, and the
unique alpha and/or numeric transaction identifier that distinguishes it from all other
transactions in the licensee's records.
5. Full name, current residence address, current residence telephone number, date of
birth and accurate description of the person from whom the item of property was received,
including: sex, height, weight, race, color of eyes and color of hair.
6. The identification number and state of issue from any of the following forms of
identification of the seller:
a. Current valid Minnesota driver's license.
b. Current valid Minnesota identification card.
c. Current valid photo identification card issued by another state or
5
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province of Canada.
7. The signature of the person identified in the transaction.
8. Effective sixty (60) days from the date of notification by the police
department of acceptable video standards the licensee must also take a color
photograph or color video recording of:
a. Each customer involved in a billable transaction.
b. Every item pawned or sold that does not have an unique serial or identification
number permanently engraved or affixed.
If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width
and must be maintained in such a manner that the photograph can be readily matched and
correlated with all other records of the transaction to which they relate. Such photographs
must be avilable to the chief of police or the chiefs designee, upon request. The major
portion of the photograph must include an identifiable front facial close-up of the person who
pawned or sold the item. Items photographed must be accurately depicted. The licensee
must inform the person that he or she is being photographed by displaying a sign of sufficient
size in a conspicuous place in the premises. If a video photograph is taken, the video camera
must zoom in on the person pawning or selling the item so as to include an identifiable close-
up of that person's face. Items photographed by video must be accurately depicted. Video
photographs must be electronically referenced by time and date so they can be readily
matched and correlated with all other records of the transaction to which they relate. The
licensee must inform the person that he or she is being videotaped orally and by displaying a
sign of sufficient size in a conspicuous place on the premises. The licensee must keep the
exposed videotape for three (3) months.
9. Digitized photographs. Effective sixty (60) days from the date of notification by the
police department licensees must fulfill the color photgraph requirements in section
(RECORDS REQUIRED) (8) by submitting them as digital images, in a format specified by
the issuing authority, electronically cross-referenced to the reportable transaction they are
associated with. Notwithstanding the digital images may be captured from required video
recordings, this provision does not alter or amend the requirements in subdivision (8).
10. Renewals, extensions and redemptions. For renewals, extensions and
redemptions, the licensee shall provide the original transaction identifier, the date
of the current transaction and the type of transaction.
11. Inspection of records. The records must at all reasonable times be open to
inspection by the police department or department of licenses and consumer services. Data
entries shall be retained for at least three (3) years from the date of transaction. Entries of
required digital images shall be retained a minimum of ninety (90) days.
3-15-1 O:DAIL Y REPORTS TO POLICE.
(a) Effective no later than sixty (60) days after the police department provides
licensees with computerized record standards, licensees must submit every
6
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3-15-11 :
reportable transaction to the police department daily in the following manner:
1. Licensees must provide to the police department all information required in
section (RECORDS REQUIRED) (1) through (6) and other required information by
transferring it from their computer to the Automated Pawn system via modem. All
required records must be transmitted completely and accurately after the close of
business each day in accordance with standards and procedures established by
the issuing authority. The licensee must display a sign of sufficient size, in a
conspicuous place in the premises, which informs all patrons that all transactions
are reported to the police department daily.
(b) Billable transactions fees. Licensees will be charged for each billable
transaction reported to the police department.
1. If a licensee is unable to successfully transfer the required reports by
modem, the licensee must provide the police department printed copies of all
reportable transactions along with the video tape(s) for that date by 12:00 the next
business day.
2. If the problem is determined to be in the licensee's system and is not
corrected by the close of the first business day following the failure, the licensee
must provide the required reports as detailed in section (DAILY REPORTS TO
POLlCE)(b) (1), and must be charged a fifty dollar ($50.00) reporting failure
penalty, daily, until the error is corrected, or:
3. If the problem is determined to be outside the licensee's system, the
licensee must provide the required reports in (DAILY REPORTS TO POLICE) (b)
(1) and resubmit all such transactions via modem when the error is corrected.
4. If a licensee is unable to capture, digitize or transmit the photgraphs
required in (RECORDS REQUIRED) (9), the licensee must immediately take all
required photographs with a still camera, cross-reference the photographs to the
correct transaction, and make the pictures avilable to the County Sheriff upon
request.
5. Regardless of the cause or orign of the technical problems that prevented
the licensee from uploading their reportable transactions, upon correction of the
problem, the licensee shall upload every reportable transaction from every business
day the problem had existed.
6. (DAILY REPORTS TO POLICE) (b) (1) through (3) notwithstanding, the
police department may, upon presentation of extenuating circumstances, delay the
implementation of the daily reporting penalty.
RECEIPT REQUIRED. Every licensee must provide a receipt to the party
identified in every reportable transaction and must maintain a duplicate of that
receipt for three (3) years. The receipt must include at least the following
information:
7
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3-15-12:
1. The name, address and telephone number of the licensed business.
2. The date and time the item was received by the licensee.
3. Whether the item was pawned or sold, or the nature of the transaction.
4. An accurate description of each item received including, but not limited to,
any trademark, identification number, serial number, model number, brand name
or other identifying mark on such an item.
5. The signature or unique identifier of the licensee or employee that
conducted the transaction.
6. The amount advanced or paid.
7. The monthly and annual interest rates, including all pawn fees and charges.
8. The last regular day of business by which the item must be redeemed by
the pledger without risk that the item will be sold, and the amount necessary to
redeem the pawned item on that date.
9. The full name, current residence address, current residence telephone
number and date of birth of the pledger or seller.
10. The identification number and state of issue from any of the following
forms of identification of the seller:
a. Current valid Minnesota driver's license.
b. Current valid Minnesota identification card.
c. Current valid photo driver's license or identification card issued by another
state or province of Canada.
11. Description of the pledger or seller including approximate sex, height,
weight, race, color of eyes and color of hair.
12. The signature of the pledger or seller.
13. All printed statements as required by state statute 325J.04 subdivision 2,
or any other applicable statutes.
REDEMPTION PERIOD. Any person pledging, pawning or depositing an item for
security must have a minimum of ninety (90) days from the date of that transaction
to redeem the item before it may be forfeited and sold. during the ninety (90) day
holding period, items may not be removed from the licensed location except as
provided in (BUSINESS AT ONLY ONE PLACE). Licensees are prohibited from
redeeming any item to anyone other than the person to whom the receipt was
issued or, to any person identifed in a written and notarized authorization to
8
Q{
3-15-13:
3~15-14:
3-15-15:
redeem the property identified in the receipt, or to a person identified in writing by
the pledger at the time of the initial transaction and signed by the pledger, or with
approval of the police license inspector. Written authorization for release of
property to persons other than original pledger must be maintained along with
original transaction record in accordance with (RECORDS REQUIRED) (10).
HOLDING PERIOD. Any item purchased or accepted in trade by a licensee must
not be sold or otherwise transferred for thirty (30) days from the date of the
transaction. An individual may redeem an item seventy~two (72) hours after the
item was received on deposit, excluding Sundays and legal holidays.
POLICE ORDER TO HOLD PROPERTY.
(a) Investigative hold. Whenever a law enforcement official from any agency
notifies a licensee not to sell an item, the item must not be sold or removed from
the premises. The investigative hold shall be confirmed in writing by the originating
agency with seventy~two (72) hours and will remain in effect for fifteen (15) days
from the date of initial notification or until the investigative order is canceled, or
until an order to hold/confiscate is issued, pursuant to [section] (POLICE ORDER
TO HOLD PROPERTY) (b) whichever comes first
(b) Order to hold. Whenever the chief of police or the chiefs designee,
notifies a licensee not to sell an item, the item must not be sold or removed from
the licensed premises until authorized to be released by the chief or the chief's
designee. The order to hold shall expire ninety (90) days from the date it is placed
unless the chief of police or the chief's designee determines the hold is still
necessary and notifies the licensee in writing.
(c) Order to confiscate. If an item is identified as stolen or evidence in a
criminal case the chief or chief's designee may:
1. Physically confiscate and remove it from the shop, pursuant to written order
from the chief or the chief's designee, or
2. Place the item on hold or extend the hold as provided in (POLICE ORDER
TO HOLD PROPERTY) (b) and leave it in the shop.
When an item is confiscated, the person doing so shall provide identification upon
request of the licensee, and shall provide the licensee the name and phone number of
the confiscating agency and investigator and the case number related to the
confiscation.
When an order to hold/confiscate is no longer necesary, the chief of police or
chief's designee shall so notify the licensee.
INSPECTION OF ITEMS. At all times during the terms of the license, the
licensee must allow law enforcement officals to enter the premises where the
licensed business is located, including all off-site storage facilties as authorized in
(BUSINESS AT ONLY ONE PLACE), during normal business hours, except in an
9
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3-15-16:
3-15-17:
3-15-18
emergency for the purpose of inspecting such premises and inspecting the items,
ware and merchandise and records therein to verify compliance with this chapter
and other applicable laws.
LABEL REQUIRED. Licensee must attach a label to every item at the time it is
pawned, purchased or received in inventory from any reportable transaction.
Permanently recorded on this label must be the number or name that identifies the
transaction in the shop's records, the transaction date, the name of the item and
the description or the model and serial number of the item as reported to the
police department whichever is applicable and the date the item is out of pawn or
can be sold, if applicable. Labels shall not be re-used.
PROHIBITED ACTS.
(a) No person under the age of eighteen (18) years may pawn or sell or
attempt to pawn or sell goods with any licensee, nor may any licensee receive any
goods from a person under the age of eighteen (18) years.
(b) No licensee may receive any goods from a person of unsound mind or an
intoxicated person.
(c) No licensee may receive any goods, unless the seller presents identification
in the form of a valid driver's license, a valid State of Minnesota identification card,
or current valid photo driver's license or identification card issued by the state of
residency of the person from whom the item was received.
(d) No licensee may receive any item of property that possesses an altered or
obliterated serial number or operation identifiction number or any item of property
that has had its serial number removed.
(e) No person may pawn, pledge, sell, consign, leave, or deposit any article of
property not their own; nor shall any person pawn, pledge, sell, consign, leave, or
deposit the property of another, whether with permission or without; nor shall any
person pawn, pledge, sell, consign, leave, or deposit any article of property in
which another person has a security interest; with any licensee.
(f) No person seeking to pawn, pledge, sell, consign, leave, or deposit any
article of property with any licensee shall give a false or fictitious name, nor give a
false date of birth; nor give a false or out of date address of residence or telephone
number; nor present a false or altered identification, or the identification of
another; to any licensee.
DENIAL, SUSPENSION OR REVOCATION. Any license under this chapter
may be denied, suspended or revoked for one or more of the following reasons:
1. The proposed use does not comply with any applicable zoning code.
2. The proposed use does not comply with any health, building, building
maintenance or other provisions of this Code of Ordinances or state law.
10
3~15~19
3-15-20
3. The applicant or licensee has failed to comply with one or more provisions
of this chapter.
4. The applicant is not a citizen of the United States or a resident alien, or
upon whom it is impractical or impossible to conduct a background or financial
investigation due to the unavailability of information.
5. Fraud, misrepresentation or bribery in securing or renewing a license.
6. Fraud, misrepresentation or false statements made in the application and
investigation for, or in the course of, the applicant's business.
7. Violation within the preceding five (5) years, of any law relating to theft,
damage or trespass to property, sale of a controlled substance, or operation of a
business.
8. The owner of the premises licensed or to be licensed would not qualify for
a license under the terms of this chapter.
BUSINESS AT ONLY ONE PLACE. A license under this chapter authorizes the-
licensee to carryon its business only at the permanent place of business designated
in the license- However, upon wirtten request, the police inspector may approve an
off-site locked and secured storage facility. The licensee shall permit inspection of the
facility in accordance with (INSPECTION OF ITEMS). All provisions of this chapter
regarding record keeping and reporting apply to the facility and its contents- Property
shall be stored in compliance with all provisions of the city code. The licensee must
either own the building in which the business is conducted, and any approved off-site
storage facility, or have a lease on the business premise that extends for more than
six (6) months-
SEPARABILITY. Should any section, subsection, clause or other provL:;ion of
this chapter be declard by a court of competent jurisdiction to be invalid such r!ecision
shall not effect the validity of the ordinance as a whole or any part other
than the part so declared invalid.
1 J
Council Meeting - 10/09/2000
10. Consideration of contract renewal with PSG (US Filter) for an additional five years,
versus city operation of the WWTP. (.J.S.)
A. REFERENCE AND BACKGROUND:
PSG, i.e., US Filter, has operated the city's wastewater treatment facility since September of 1986.
Although it has been a formal contract, it has worked more like a partnershi p. PSG's standard
contract covers fixed costs for all operations of the WWTP, all salaries, benefits and insurances
related to operations, all operational supplies, telephone, postage, conferences, training, engineering
services related to their operations and expertise provided through their other plants, and many
intangible items. It also includes a maintenance budget allotment, which ifnot used is refunded to
the city, or if exceeded under city authorization results in increases to PSG. Since the new plant has
begun operations, thc additional cost above normal operations of the old plant to the new plant for
electricity and natural gas have been a pass through to the city. PSG over the past decade and a half
has provided a significant amount of services from their corporate offices and other plants to assist
us through operations and design review and comments. One of their typical reports is enclosed for
your review and involves a future proposal for thickening of sludge to delay the construction of
additional storage capacity.
Our typical contracts with PSG are for five years and, although the PSG operations are very
comprehensive, they are not all encompassing of the operations of the WWT'P. We do budget
separately f(x the maintenance of the biosolids farm expenses and buildings and property insurance,
as well as vehicle insurance as the city does own the vehicles. Additionally, we do budget for
miscellaneous professional services to cover engineering services and others which are typically
within the scope of the contract with PSG. PSG's last five-year contract was up January 1, 2000;
however, it was extended for a period of one year to grant us additional time to become more
familiar with some of the utility operational costs of the new plant. This was done so PSG could
prepare a "fixed budget" and the city could also prepare an estimated budget for city operation of
the WWTP. This has been done in the past with each contract renewal proposal.
The city has prepared a budget to replace the services of PSG and put numbers to those tasks and
services provided by PSG where they were tangible and we could affix some type of cost to them;
however, we were unable to duplicate some of the services provided by PSG or estimate those
servIces.
There arc currently four full time and one halftime employee at the WWTP. These employees are
well trained, knowledgeable and have been through the entire construction of the new plant, and I
am very confident in their capabilities of the operation of the facility. It is assumed that if the city
took over operation of the WWTP, we would of Tel' employment at the same rate of pay and current
benefit package to all of the existing employees at the WWTP. With this in mind, the city put
together a budget for the first year of operation which amounts to $50 1,819. Our budget attempts
to duplicate all of the services provided by PSG except the following:
Council Meeting - 10/09/2000
1. Technology resources and support personnel for all aspects of operations management.
2. Process troubleshooting through company's wide range of personnel and expertise.
3. Guaranteed compliance will pay any fines if violations within plant capabilities.
4. Employee training program through corporate training officers and outside services.
5. Fully trained backup and on call personnel that can be used at the project as necded to
supplement the existing staff, cover for open positions, etc.
6. Grant support to help with managing the work efforts and documentation associated with the
performance grants for water and wastewater efforts.
7. Legal support.
8. Price incentives with US Filter sister companies.
It should be pointed out that our budget is an estimate while PSG's is fixed. It would be difficult
to estimate some of the costs involved with the above tasks or services. For example, the guaranteed
compliance or paying of fines, or the extensive technical assistance and process troubleshooting
available through PSG's corporate office in personnel. Also, fully trained backup personnel and
outside employee training opportunities beyond what's available through the MPCA. Also, having
a fixed contract and price incentives through US Filter sister companies, there would be significant
savings in this area for larger pieces of equipment purchased.
PSG's proposal for the first year of operation is $521,026, a difference of $19,207. The question is,
is the difference enough to warrant the city taking back operations at the WW'J'P. Operations at the
WWTP are stable in regard to the SBR operations. The sludge, however, is a different story. We
have not yet completed the Class A heat pasteurization process and this could go on for some time
yet. Additionally, we are facing sludge storage problems at the facility due to the inability to
dewater sludge by normal settling process or decanting, or removal of clear water from the settled
sludge. PSG's enclosed report shed some light on where we may be going in this direction. It would
be difficult to go through these sludge issues in the future without PSG's continued corporate
support and technical assistance.
As with city operations, there would be an annual escalator for increase in contract prices, probably
tracking the CPl index. PSG's contract proposal ifapproved would be similar. The final details of
this part of the contract would be negotiated out but we would expect them to be simi lar with past
contracts. In most cases we have been able to negotiate a price less than the CPI indicator with PSG,
and the CPl indicator is only used when we cannot reach an agreement.
Council Meeting - 10/09/2000
B. ALTERNATIVE ACTIONS:
I. The first alternative is to approve a new contract with PSG for five years from January 1,
2001, to January 1, 2006, with the first year price fixed at $521,026. The final contract
would be negotiated and returned to the City Council at a subsequent meeting for final
approval. C H (3 5
2. The second alternative would be for the city to resume operations ofthe WWTP based upon
the estimated operations replacement budget of $501 ,819. This is assuming that all of the
existing employees would accept employment with the city of Monticello at their same rate
of pay and benefits.
3. The third alternative would be to prepare dctailed request for qualifications and then
proposals for operations at the WWTP and request proposals from outside companies. It
would take approximately 30 days to solicit qualifications from companies, another 60 days
to prepare the final request for proposals and an additional 30 days for those firms to
investigate operations at the ww'rr and prepare a proposal that could be returnable some
time in February or March. If this alternative is chosen, the Council should appoint a
subcommittee to begin this task ASAP and give proper notice to PSG.
c. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public Works Director that the city of
Monticello continue operations with PSG and prepare a final contract renewal for review by the City
Council at a subsequent meeting based upon their guaranteed first year operational price of
$521,026. It is our opinion that our working relationship with PSG, the qualifications of their
existing staff and the advantages of having a broad base technical expertise of their firm at fixed cost
with guarantees represents the best alternative for the city. Certainly, the numerous MPCA awards
for operational excellence over the years also shows the success of our existing relationship with
PSG. We, therefore, recommend alternative # 1.
D. SUPPORTING DATA:
Copy of proposed city operations of the WWTP replacement budget; Copy of sludge dewatering
study by PSG; copy of proposal from PSG for a five-year contract for operations at the WWTP.
PROPOSED CITY OPERATIONS BUDGET
FOR PSG/USFIL TER REPLACEMENT
WWTP OPERATION BY THE CITY OF MONTICELLO
YEAR 2001
SALARIES & BENEFITS (4.5 EMPLOYEES)
Salaries, Full-Time/Part-Time
Salaries, Overtime/Standby
PERA Contributions (5.18%)
FICA
Liability for unemployment
Medicare Contributions (1.45%)
Health, Dental, Life Contributions
SUB TOTAL
SUPPLIES
--~~~".._".~,.~~-~.-
Printed forms, office copier, computer and cleaning supplies
Clothing supplies (i.e., uniforms)
Motor fuels
Chemicals
Misc. operating supplies (lab and safety)
Equipment repair parts and maintenance supplies
Vehicle repair parts
Building repairs and maintenance supplies
Small tools and equipment
$178,500.00
$7,300.00
$9,625.00
$13,200.00
$1,500.00
$2,700.00
~3;?,400.00
$246,225.00
SUB TOTAL
SERVICES & CHARGES
._.~~_~~._~~., '~M'''~
Misc. professional services (Certified Lab & 1/2 Pro Ag)
Telephone (incl. alarm lines, fax, pagers and cellulars)
Postage
Travel expenses, mileage, etc.
Conferences, schools and training
Workers camp insurance
Liability insurance
Electric
Natural gas
Repair and maintenance machine & equipment
License & permits
Dues & subscriptions
SUB TOTAL
C:\BETH\SPREAD\WWTPBDGT.WK4: 10106/2000
$2,700.00
$1,300.00
$4,300.00
$17,000.00
$3,200.00
$21,800.00
$1,500.00
$2,500.00
$500.00
.. ~-,-~'" ,.~_._-_.,-
$54,800.00
$12,650.00
$5,600.00
$450.00
$1,000.00
$2,000.00
$9,200.00
$3,000.00
$90,000.00
$27,000.00
$6,600.00
$100.00
$300.00
$157,900.00
JO
-Page 1-
DescriRtion of Task or Service
1. Comprehensive safety program (contract "Safe Assure") . . . . . . . . . . . . . . . . . . . . .
2. Comprehensive QA/QC program, audits and additional outside lab audits. . . . . . . .
3. Legislative updates on regulations including OSHA, EPA, MPCA, DOT,
employment law and others (Information Services Co.) . . . . . . . . . . . . . . . . . . . .
4. Technology resources and support personnel for all aspects of operations mgmt. . .
5. Operations support and troubleshooting, including but not limited to: design modi-
fications, biosolids certification and process verification and permitting, biosolids
disposal, solids handling,odor control, laboratory management, electrical audits
and energy conservation plans, equipment research and much more. . . . . . . . . $3,000.00
6. Process troubleshooting through company's wide range of personnel and expertise N/A
7. Engineering advice through the company's engineering and construction dept. , , . . $5,000.00
8. Administrative services for payroll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . ' . $780.00
9. Administrative services for vendor invoice processing and payment. . . , . . . . . . . . . $7,634.00
10. Administrative services for accounts receivable. . . . . . . . . . . . ' . . . . . . , . . . . . . . . $300.00
11. Administrative services for OSHA reporting. . . . . . . . . . . . . . . . . . . , . . , . . . . .. Existing Plant P
12. Administrative services for MPCA reporting. . . . . . . . . . . . . . . . . . . , , . . . . . . .. Existing Plant P
.3. Financial tracking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,800.00
14. Personnel administration hiring, comp worth, benefits admin., etc. . . . . . . . . . . . . . . $4,000.00
15. Guaranteed compliance will pay any fines if violations within plant capabilities. . . . N/A
16. Computerized maintenance management system
($1,000 annual up-keep plus $8,000 first year divided by 5) . . . . . . . . . . . . . . . .
17. Computerized operations management system
($800 annual up-keep plus $2,000 first year divided by 5) . . . . . . . . , . . . . . . . . .
18. Employee training program through corporate training officers and outside services
19. Fully trained backup and on call personnel that can be used at the project as
needed to supplement the existing staff, cover for open positions, etc. . . . . . . . ,
20. Grant support to help with managing the work efforts and documentation
associated with the performance grants for water and wastewater efforts. . . . . .
21. Legal support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . .
22. National purchasing agreements for chemicals, operating supplies and other items
23. Price incentives with US Filter sister companies. . . . . . . . . . . . . . . . . , . . . . . , . . . .
24. Communicati~n services recep!ionist, phone message~, paging, question/al1swer ',m
SUB TOTAL
ADDITIONAL
Added items included in PSGIUSFilter overhead and administrative fees which would have to be funded by the city:
Estimated
Replacement
Cost
$5,000.00
$3,600.00
$1,000.00
N/A
$2,600.00
$1,200.00
N/A
N/A
MINOR
MINOR
$2,300.00
N/A
$4,680.00
$42,894.00
C:\BETH\SPREAD\WWTPBDGT.WK4: 1010612000
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-Page 2-
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1401 HART BOULEVARD
MONTICELLO, MN 55362
TELEPHONE 612-295.2225
FACSIMILE 612-295.4779
October 6, 2000
Honorable Mayor and Council
City of Monticello
505 Walnut Street
P.O. Box 1147
Monticello, MN 55362
Honorable Mayor and Council
USFilter (pSG) is proud to have successfully operated the Monticello Wastewater Treatment
Facility as a partner with the City of Monticello during the past 14 years.
Below you will find a budget number for a five (5) year contract extension. This agreement would
become effective as of the 1 st day of January 2001 between the City of Monticello and USFilter
Operating Services.
USFilter's Annual Fee for the first year of this agreement shall be Five Hundred Twenty One
Thousand Twenty Six Dollars ($521,026), which includes a Repair and Maintenance Limit of Thirty
Two Thousand Eight Hundred Eighty Dollars ($32,880).
The Annual Fee for the additional life of the extension shall be negotiated each year commencing
four (4) months prior to the anniversary of the effective date. Should the City of Monticello and
USFilter fail to agree by the anniversary of the effective date, the Annual Fee will be determined
using an escalator tracking the previous years Consumer Price Index (CPI).
If given the opportunity we would like to meet with City representatives to negotiate the additional
contract language over the next thirty (30) days,
It is our pleasure to serve the City of Monticello and we look forward to a continuing association.
Sincerely,
~~
Sincerely,
--P12f' -&/ ~
Peg Becker
Area Vice-President Central Region
USFilter Operating Services
Chuck Keyes
Project Manager, Monticello WWTF
USFilter Operating Services
fO
oVlVENDl
water compony
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Council Agenda - 10/09/2000
COUNCIL UPDATE
Interceptor Sewer Project through the Bondhus Property between CSAH 75 and 1-94
The City Engineer and City staff have been working with Mr. Bondhus to acquire the necessary
easement to construct the trunk sanitary sewer from CSAH 75 through the Bondhus property to the
south side of the Burlington Northern Railroad. Mr. Bondhus was opposed to the project moving
ahead as he felt it was not necessary at this time. He also felt that the Monticello School District did
not feel any urgency in completing the pond to act as a biology or nature center. We did receive
word from the school district through Mike Benedetto that the board were not in any hurry to have
the pond constructed. Consequently. we are making plans at this time to have the existing
excavation filled and the area dressed up and re~seeded. This project as well as the overall project
serving the future proposed industrial park on the Chadwick property, was a topic of discussion at
the last industrial development committee meeting. City staff laid out ultimate plans for the new
trunk line crossing 1-94 and serving the southeastern portion of the community, as well as the new
industrial park area and acting as a reliever for the trunk sanitary sewer at Washington Street and the
Burlington Northern Railroad. The consensus at the Industrial Development Committee Meeting,
which was attended by John Bondhus, was that the actual project could wait but that the city should
move forward in completing the plans and obtaining the easements but wait on installation until the
need is eminent. Mr. Bondhus did not appear to have a problem with the suggestions from the
Industrial Development Committee to obtain easements and have the plans drawn as long as the
installation was not going forward. Consequently. that is our current plan. that the City Engineer
will draft plans and determine the size of the eascments and we will make every attempt to obtain
those easements but the actual construction will wait until the need is eminent. Ifany of the Council
has a problcm with us proceeding under this scenario please petition the item to the agenda and we
can discuss it at the meeting, otherwise, we will proceed as proposed.
By: John E. Simola
Public Works Director
Economic Development Director's Update
October 9, 2000
OUie Koropchak
* Can you believe I've been employed by the City of Monticello for 15 years, October 5, 2000.
Wow!
* Update relative to the lIRA process for redevelopment of the North Anchor. BRA Chair
Damn Lahr and myself have meet with O'Connor and Bostic relative to the BRA's interest and
process to acquire their properties. We are scheduled to meet with the Carlson's the evening of
October 11. At the BRA meeting of October 4, the commissioners authorized hiring of Terry
Nagorski to update or obtain appraisals for the O'Connor, Bostic, and Carlson's properties and
also authorized hiring of the firm, Conworth, Inc., as a relocation advisor to inform the residents
of their relocation rights. Two BRA commissioners and staff continue to work with developers
and architects relative to redevelopment concept options for Block 54 and 64 and the commercial
northerly half and southeasterly comer of Block 52. Options which are both feasible and
marketable. We are also working with Brad Johnson and Barry Fluth relative to redevelopment
concepts for the Broadway Amoco+ site. After hearing the estimated tax increment expected to
be generated from TIF District 1-22 (Downtown District) and estimated project expenditures, the
BRA is looking to move ahead with plans for redevelopment of the these sites. Chair Lahr and
myself will attend the next Parks Commission meeting to inform the members of the last few
months work by the BRA We are trying to inform property owners first rather than property
owners being informed by the public. These are exciting times and it's the hope of the BRA to
have redevelopment plans and financial agreements underway by no later than June 2002. Upon
receiving concept options, the lIRA plans to host a joint meeting with Council and appropriate
Commissions.
* Thanks for attending the IDC Banquet. I'm sure everyone had a good time, good food and
wine, and excellent speaker.
* The RFP for the 300,000 sq ft headquarter/production facility will be completed and in the mail
by Tuesday to meet the deadline of October 13.
* 100,000 sq ft three story headquarter facility - Monticello remains in the running along with St.
Cloud. When decision is made the company will move fast.
* 6,000.. 7,000 sq ft office space for lease. 28 jobs with additionalS-l0 in six months.
* 100,000 sq ft facility. Company manufacturer louvers. 70 employees, will add 30 more.
Average wage $12 plus benefits.
... 5,000 sq ft office/warehouse. Will lease or construct. Six employees, average wage $30,000-
$40,000 includes benefits. Will add 4 -6 more employees.
125,000.150,000 sq ft - Cargill turkey processing plant - 275-350 permanent jobs in two years.
25-30 acres. Monticello wouJd need to immediately begin expansion of their waste water
treatment plant. No plans to respond. If Council disagrees, please let me know.
The HRA amended their Business Subsidy Criteria to include the enactments made by the 2000
Legislators and to increase the wage level: At least 90% of the jobs created must pay a wage of
the higher of $9.00 per hour, or at least 160% of the federal minimum wage requirement for
individuals over the age of20. This applies to the use of tax increment. The EDA authorized to
make the same amendments.