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City Council Agenda Packet 01-27-2025AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, January 27, 2025 — 6:30 p.m. Mississippi Room, Monticello Community Center CITY COUNCIL SPECIAL MEETING (Academy Room) 5 p.m. Golf Course Road Trail Right of Way Contingency Planning 5:45 p.m. Refuse Contract Discussion Mayor: Lloyd Hilgart Council Members: Kip Christianson, Charlotte Gabler, Tracy Hinz, and Lee Martie 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Special Meeting Minutes from January 13, 2025 • Regular Meeting Minutes from January 13, 2025 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements/Updates • City Announcements • MCC Announcements F. Council Liaison Updates • 1-94 Coalition • Economic Development Authority (EDA) • Central Mississippi River Regional Planning Partnership (CMRP) • Parks, Arts, and Recreation Commission (PARC) G. Department Updates • DMV Update • Hi -Way Liquor Update 2. Consent Agenda — All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2025-09 joining the Coalition of Greater MN Cities E. Consideration of renewing membership in the 1-94 West Corridor Coalition for 2025 in the amount of $7,415.50 F. Consideration of approving a request for a Conditional Use Permit for a proposed Vehicle Sales and Rental Use in a B-3 (Highway Business) District. Applicant: Mohammad Awad G. Consideration of approving an application for a temporary gambling permit for a raffle to be conducted by the Wright County Pheasants Forever, on March 29, 2025, at the Monticello Community Center H. Consideration of approving a contract with All Seasons Garage Door for the replacement of a garage door at the Wastewater Treatment Plant in the amount of $30,315 I. Consideration of adopting Resolution 2025-10 Golf Course Rd Trail Condemnation J. Consideration of approving a Therapeutic Massage Enterprise license for Breanna Kramber to be located within Amelia Grace Salon at 543 Walnut Street. 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings A. Public Hearing: Consideration of adopting Resolution 2025-11 approving amendments to the Revenue Notes (Swan River Montessori Charter School Proiect), Series 2017A and Series 2017B and authorizing the reissuance thereof 4. Regular Agenda 5. Adjournment MINUTES MONTICELLO CITY COUNCIL WORKSHOP Monday, January 13, 2025 — 5:30 p.m. Academy Room, Monticello Community Center Present: Kip Christianson, Charlotte Gabler, Lloyd Hilgart, Tracy Hinz, and Lee Martie Absent: None Staff: Rachel Leonard, Jennifer Schreiber 1. Call to Order Mayor Lloyd Hilgart called the workshop to order at 5:30 p.m. 2. Annual Administrative Update Rachel Leonard, City Administrator, reviewed common guidelines and best practices for City Council. There was review discussion on the following items: City Council role versus City Administrator role, Council liaisons, Communications, Social Media Use, Agenda Items, Roberts Rules of Order, Council meeting protocol, Open Meeting Law, and Data Practices. 3. Adjournment By consensus, the meeting was adjourned at 6:20 p.m. Recorder: Jennifer Schreiber Attest: City Council Workshop Minutes —January 13, 2025 City Administrator MONTICELLO CITY COUNCIL MINUTES — REGULAR MEETING Monday, January 13, 2025 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Kip Christianson, Tracy Hinz, Charlotte Gabler, and Lee Martie Absent: None 1. General Business A. Oath of Office for Newlv Elected Officials Jennifer Schreiber, City Clerk, administered the Oath of Office to Mayor Lloyd Hilgart and Councilmembers Kip Christianson and Lee Martie. B. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. C. Approval of Agenda Motion by Councilmember Gabler to approve the agenda. Councilmember Martie seconded the motion. Motion carried unanimously. D. Approval of Meeting Minutes • Special Meeting Minutes from November 25, 2024 • Special Meeting Minutes December 9, 2024 • Regular Meeting Minutes December 9, 2024 Motion by Councilmember Gabler to approve of the meeting minutes. Councilmember Martie seconded the motion. Motion carried unanimously. E. Citizen Comments None. F. Public Service Announcements The following public announcements were noted: • Holiday Hours — Martin Luther King Jr. Day —January 20 • Dog License Renewals • Indoor Farmers Market — February 8 G. Council Liaison Updates • Library Board — Councilmember Hinz commented on the Library Board meeting held December 10, 2024. The board discussed the new carpet that City Council Minutes: January 13, 2025 Page 1 1 5 was installed, the upcoming winter reading challenge, and they approved the reappointments of members Lisa Bush and Beth Metzger to three-year terms. Their next meeting is March 11. • Planning Commission — Councilmember Gabler provided a review of the meeting held December 3, 2024. There were three public hearings held: a Conditional Use Permit for Rockstone; rezoning to Planned Unit Development and Preliminary Plat for Meadowbrook (tabled); and on the adoption of 2025 Zoning Map. • Economic Development Authority (EDA) — Councilmember Hinz gave a recap of the meeting held January 8, 2025. At this meeting, the EDA authorized the following: a pre -development agreement related to Block 35 redevelopment proposal; a proposal for environmental site assessment for 216 Pine St.; and to seek a blight and substandard standing proposal related to Block 34. • Industrial & Economic Development Committee (IEDC) — Councilmember Hinz gave an update of the meeting held January 7, 2025. At this meeting new officers were elected. The committee adopted the 2025 IEDC Action Statements and received economic development updates. • 1-94 Coalition — Councilmember Gabler commented on their meeting held December 19, 2024. At this meeting the group heard state and federal updates. • Monticello Orderly Annexation Area (MOAA) — Mayor Hilgart noted that the Monticello Orderly Annexation Area agreement was approved by the City, Monticello Township, and Wright County. 2. Consent Agenda: Motion by Councilmember Hinz to approve the Consent Agenda. Councilmember Martie seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $4,486,272.30. B. Consideration of approving new hires and departures for City departments. Action taken: Approved the hires for MCC and Parks and departures for Hi -Way Liquors. C. Consideration of approving the sale/disposal of surplus city property. Action taken: No report this cycle. D. Consideration of appointing Lisa Bush and Beth Metzger to the Monticello Library Board for terms expiring December 31, 2027. Action taken: Appointments to the Library Board were approved. City Council Minutes: January 13, 2025 Page 2 1 5 E. Consideration of approving out of state travel for City Clerk and IT Technician to attend Laserfiche Empower 2025 conference in Las Vegas April 14-17, 2025. Action taken: The out of state travel and conference were approved. F. Consideration of approving annual appointments and designations for 2025. Action taken: The appointments and designations were approved. G. Consideration of approving an application for a temporary gambling permit for a raffle to be conducted by the Sand Dunes Gobbler Chapter of the National Wild Turkey Federation on March 1, 2025, at River City Extreme, 3875 School Blvd. Action taken: The temporary gambling permit was approved. H. Consideration of adopting corrected Resolution 2024-127 adopting the 2025 Budget, Transfers and Other Budget -Related authorizations. Action taken: The corrected resolution was adopted. Consideration of adopting Resolution 2025-01 and Ordinance 841 adopting the 2025 City of Monticello Official Zoning Map. Action taken: Resolution 2025-01 and Ordinance 841 approving the 2025 Zoning Map were adopted. J. Consideration of adopting Resolution 2025-02 authorizing submission of a 2025 Outdoor Recreation Grant application for Bertram Chain of Lakes Athletic Park Improvements. Action taken: Resolution 2025-02 authorizing the grant application was adopted. K. Consideration of adopting Resolution 2025-03 approving a grant agreement with the Minnesota Department of Transportation (MNDOT) for Federal Infrastructure Investment and Jobs Act (IIJA) Grant Technical Assistance in the amount of $30,000. Action taken: Resolution 2025-03 approving the grant agreement was adopted. L. Consideration of approving a contract with WSB for Federal Infrastructure Investment and Jobs Act (IIJA) Grant Technical Assistance in the amount of $30,000. Action taken: The contract with WSB was approved. M. Consideration of adopting Resolution 2025-04 accepting improvements and authorizing final payment of $65,072.19 to New Look Contracting, Inc. for the 2023 Elm Street Improvements Safe Routes to School (SRTS) Project. Action taken: Resolution 2025-04 authorizing final payment was adopted. N. Consideration of adopting Resolution 2025-05 accepting improvements and authorizing final payment of $21,656.80 to Miller Utilities for Fibernet Installation within the Haven Ridge 2nd Addition. Action taken: Resolution 2025- 05 authorizing final payment was adopted. City Council Minutes: January 13, 2025 Page 3 1 5 O. Consideration of adopting Resolution 2025-06 accepting public improvements for the Haven Ridge 2nd Addition. Action taken: Resolution 2025-06 accepting public improvements was adopted. P. Consideration of adopting Resolution 2025-08 accepting a grant from Minnesota DNR in the amount of $81,160 for Emerald Ash Borer Shade tree management. Action taken: Resolution 2025-08 accepting the grant was adopted. Q. Consideration of approving a one-year contract with CMT Services for custodial services in the amount of $7,854 per month. Action taken: The contract with CMT Services was approved. R. Consideration of approving a preventative maintenance contract with Davis Mechanical for the HVAC equipment at the City's facilities at a cost of $12,955.50. Action taken: The contract with Davis Mechanical was approved. S. Consideration of approving a contract with WSB for preliminary engineering services for the reconstruction of Fallon Avenue in the amount of $215,724. Action taken: The contract with WSB was approved. 3. Public Hearings 4. Regular Agenda: 4A. Consideration of adopting Resolution 2025-07 accepting bids and awarding a contract to OMG Midwest, Inc. for the School Boulevard Intersection Improvements Project, Citv Proiect No. C24003 contingent on MNDOT approval in the amount of 53.157.869.76 Matt Leonard, Public Works Director/City Engineer, presented an overview of the project. The project consists of a roundabout at School Boulevard and Cedar Street, a roundabout at School Boulevard and Edmonson Avenue, new pavement on School Boulevard from Highway 25 to Country Lane, replacement of center medians with two-way left turn lane, a new trail from Edmonson Avenue to Country Lane (south side), and the improvement of all pedestrian ramps to current ADA standards. The engineer's estimate of cost for the project was $4,046,463.65. The lowest of four bids, OMG Midwest, Inc., submitted a bid of $3,157,869.76. Staff recommended that they be awarded the contract. The City was awarded $1,485,000 in federal grant funds and Mr. Leonard noted that $483,170 will be assessed. The remaining project costs will be paid from the Capital Projects Fund and Street Lighting Fund. Mr. Leonard noted that the City is in the process of City Council Minutes: January 13, 2025 Page 4 15 obtaining benefit appraisals of the affected properties and will be reviewing the assessment policy, therefore, noted assessments may change. The project requires Minnesota Department of Transportation (MNDOT) approval. If approved, is expected to being in May 2025 and be completed by September 2025. The final assessment hearing will be held in September 2025. There was minimal discussion of City Council. Motion by Councilmember Gabler to adopt Resolution 2025-07 accepting bids and awarding contract to OMG Midwest, Inc. for the School Boulevard Intersection Improvements Project, City Project No. C24003 contingent on MNDOT approval in the amount of $3,157,869.76. 5. Adiournment: The meeting was adjourned at 6:57 p.m. Recorder: Jennifer Schreiber Attest: City Administrator City Council Minutes: January 13, 2025 Page 5 1 5 City Council Agenda: 1/27/2025 2A. Consideration of approving payment of bills Prepared by: Finance Director Reviewed by: N/A ACTION REQUESTED Meeting Date 1/27/2025 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Motion to approve the bill and purchase card registers for a total amount of $900,157.06. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. I. Budget Impact: N/A II. Staff Workload Impact: No additional work. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA • Bill registers and purchase card registers 1 2A. (1) Accounts Payable Checks by Date - Summary by Check Date User: debbie.gulbrandson@monticellomn Printed: 1/17/2025 2:31 PM CITY OF � Monti"Ce-0 Check No Vendor No Vendor Name Check Date Check Amount ACH 1426 CITY OF MONTICELLO O1/15/2025 3,768.04 ACH 1593 MN DEPT OF REVENUE - ACH O1/15/2025 72,229.00 ACH 2282 MRI SOFTWARE O1/15/2025 46.00 ACH 2405 WELLS FARGO - Monthly Charges/Returt 01/15/2025 18,828.64 ACH 2438 VANCO SERVICES LLC O1/15/2025 117.84 ACH 2439 DEPT OF EMPLOYMENT & ECON DEN O1/15/2025 5,473.84 ACH 2811 US BANK CORPORATE PMT SYSTEM O1/15/2025 44,549.36 ACH 3241 LINCOLN FINANCIAL GROUP O1/15/2025 3,440.49 ACH 4263 CAYAN O1/15/2025 1,792.36 ACH 5147 MN PEIP O1/15/2025 65,224.64 ACH 6041 HEALTHEQUITY INC O1/15/2025 35.76 Total for 1/15/2025: 215,505.97 Report Total (I I checks): 215,505.97 The preceding list of bills payable was reviewed and approved for payment. Date: 1/27/2025 Approved by: Mayor Lloyd Hilgart AP Checks by Date - Summary by Check Date (1/17/2025 2:31 PM) Page 1 2A. (2) Accounts Payable Checks by Date - Summary by Check Date User: debbie.gulbrandson@monticellomn Printed: 1/22/2025 4:27 PM CITY OF � Monti"Ce-0 Check No Vendor No Vendor Name Check Date Check Amount ACH 1062 BEAUDRY OIL COMPANY 01/28/2025 3,835.15 ACH 1065 BELLBOY CORPORATION 01/28/2025 8,757.32 ACH 1074 BOLTON AND MENK INC 01/28/2025 4,540.50 ACH 1091 CAMPBELL KNUTSON PA 01/28/2025 2,147.80 ACH 1106 CENTRAL MCGOWAN INC 01/28/2025 136.11 ACH 1129 DAHLHEIMER BEVERAGE LLC 01/28/2025 28,211.08 ACH 1153 ECM PUBLISHERS INC 01/28/2025 1,691.00 ACH 1187 FORCE AMERICA DISTRIBUTING LLC 01/28/2025 661.62 ACH 1229 MARRS ADVERTISING & DESIGN INC 01/28/2025 4,418.70 ACH 1273 KIWI KAI IMPORTS, INC. 01/28/2025 564.00 ACH 1377 MONTICELLO SENIOR CENTER 01/28/2025 5,833.33 ACH 1417 OSC OXYGEN SERVICE COMPANY 01/28/2025 1,064.95 ACH 1470 RUSSELL SECURITY RESOURCE INC 01/28/2025 8,978.00 ACH 1518 TDS TELECOM 01/28/2025 346.93 ACH 1550 VEOLIA WATER N AM OPERATING SEl 01/28/2025 72,457.64 ACH 1552 VIKING COCA COLA BOTTLING CO 01/28/2025 625.60 ACH 1577 WRIGHT CO AUDITOR-TREAS - ACH 01/28/2025 204,923.11 ACH 1584 WSB & ASSOCIATES INC 01/28/2025 2,196.00 ACH 1684 VINOCOPIA 01/28/2025 1,232.06 ACH 1726 MARCO TECHNOLOGIES 01/28/2025 1,559.98 ACH 2273 FIBERNET MONTICELLO - ACH 01/28/2025 5,235.60 ACH 2314 CONTINENTAL RESEARCH CORPORA 01/28/2025 560.00 ACH 2928 NUSS TRUCK AND EQUIPMENT 01/28/2025 294.26 ACH 3829 STEVE LANGANKI 01/28/2025 825.50 ACH 4502 ARVIG 01/28/2025 5,320.03 ACH 4633 PERFORMANCE FOOD GROUP INC 01/28/2025 1,434.65 ACH 4646 CAPITOL BEVERAGE SALES L.P. 01/28/2025 31,316.55 ACH 5027 ERICA WITZMANN 01/28/2025 3,750.00 ACH 5201 DICK FAMILY, INC. 01/28/2025 2,607.94 ACH 5211 RANDI O'KEEFE KRIER 01/28/2025 2,005.21 ACH 5426 NOVEL SOLAR TWO LLC 01/28/2025 28,517.76 ACH 5454 PROFESSIONAL CLEANING SERVICES 01/28/2025 11,645.00 ACH 5998 SADIE NIELSEN 01/28/2025 475.00 ACH 6272 DANGEROUS MAN BREWING COMPA 01/28/2025 204.00 ACH 6285 NOKOMIS ENERGY LLC 01/28/2025 4,501.98 ACH 6300 NOVEL SOLAR ONE LLC 01/28/2025 5,216.23 ACH 6301 NOVEL SOLAR FIVE LLC 01/28/2025 235.70 ACH 6522 DAN HALVERSON 01/28/2025 88.90 129572 2925 1ST LINE/LEEWES VENTURES LLC 01/28/2025 442.25 129573 5893 ABDO LLP 01/28/2025 10,960.00 129574 5660 ABSOLUTE PRINT GRAPHICS 01/28/2025 3,806.84 129575 5948 AE2 - ADVANCED ELEMENTS, INC. 01/28/2025 906.50 129576 2820 CITY OF ALBERTVILLE 01/28/2025 303.34 129577 3491 ARTISAN BEER COMPANY 01/28/2025 61.50 129578 1067 BERNICK'S 01/28/2025 4,974.49 129579 4328 BREAKTHRU BEVERAGE MN WINE & 01/28/2025 7,284.39 129580 6223 WILLIAM MERRIT BUSSIERE 01/28/2025 100.00 AP Checks by Date - Summary by Check Date (1/22/2025 4:27 PM) Page I 2A. (3) Check No Vendor No Vendor Name Check Date Check Amount 129581 5942 CERTIFIED LABORATORIES O1/28/2025 1,122.99 129582 6465 DAVIS MECHANICAL SYSTEMS, INC O1/28/2025 729.50 129583 1147 DOUBLE D ELECTRIC INC O1/28/2025 1,970.00 129584 1722 ENVIRONMENTAL EQUIPMENT & SEF O1/28/2025 2,608.75 129585 1179 FIRE SAFETY USA INC O1/28/2025 60.96 129586 6560 FRATTALONE DEVELOPMENTS INC O1/28/2025 998.00 129587 1205 GRAINGER INC O1/28/2025 623.92 129588 5773 HAGEN CHRISTENSEN & MCIIWAIN A O1/28/2025 1,681.64 129589 1244 HORIZON COMMERCIAL POOL SUPPL O1/28/2025 3,467.45 129590 2113 1-94 WEST CORRIDOR COALITION O1/28/2025 7,415.50 129591 2208 INITIATIVE FOUNDATION O1/28/2025 2,390.00 129592 5889 INNOVATIVE OFFICE SOLUTIONS LLC O1/28/2025 492.59 129593 5247 J & R LARSON GROUNDS O1/28/2025 2,000.00 129594 1253 J H LARSON COMPANY O1/28/2025 3,476.67 129595 1263 JOHNSON BROTHERS LIQUOR CO. 01/28/2025 17,754.13 129596 5974 JOTL PROPERTIES, LLC O1/28/2025 1,560.60 129597 5839 KRIS ENGINEERING, INC. 01/28/2025 1,616.64 129598 1290 LEAGUE OF MINNESOTA CITIES O1/28/2025 16,939.00 129599 1296 LITTLE FALLS MACHINE INC O1/28/2025 1,633.69 129600 1913 NEW FRANCE WINE O1/28/2025 250.50 129601 6561 ROBERT PETERSON O1/28/2025 220.00 129602 1427 PHILLIPS WINE & SPIRITS CO O1/28/2025 14,030.19 129603 6324 PLAN IT SOFTWARE LLC O1/28/2025 4,000.00 129604 6562 SERVPRO OF WRIGHT COUNTY O1/28/2025 164.53 129605 3900 SHAFER CONTRACTING CO. INC. 01/28/2025 63.67 129606 2497 SHERBURNE WRIGHT CABLE COMMI O1/28/2025 7,448.05 129607 4325 SNAP -ON INDUSTRIAL O1/28/2025 783.54 129608 3309 SOUTHERN GLAZER'S WINE AND SPII O1/28/2025 4,753.30 129609 6469 TWIN CITY FILTER SERVICE, INC O1/28/2025 203.30 129610 3783 ULINE O1/28/2025 5,885.26 129611 1544 US POSTAL SERVICE O1/28/2025 2,362.54 129612 3972 VARITECH INDUSTRIES INC O1/28/2025 749.82 129613 1560 WASTE MANAGEMENT OF MINNESO7 01/28/2025 83,486.86 129614 5295 WATKINS VETERINARY CLINIC PA O1/28/2025 444.00 129615 4013 WRIGHT COUNTY ECONOMIC DEVEL O1/28/2025 4,009.00 Total for 1/28/2025: 684,651.09 Report Total (82 checks): 684,651.09 The preceding list of bills payable was reviewed and approved for payment. Date: 1/27/2025 Approved by: Mayor Lloyd Hilgart AP Checks by Date - Summary by Check Date (1/22/2025 4:27 PM) Page 2 City Council Agenda: 1/27/2025 2B. Consideration of approving new hires and departures for Citv departments Prepared by: Human Resources Manager Reviewed by: N/A ACTION REQUESTED Meeting Date 1/27/2025 Approved by: City Administrator ® Consent Agenda Item ❑ Regular Agenda Item Motion to approve new hires and departures for city departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. I. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees. 1 2B. (1) NEW EMPLOYEES Name Title Department Hire Date Kelly Johnson Liquor Store Clerk Hi -Way Liquors 1/25/2025 TERMINATING EMPLOYEES Name Reason Department Effective Date Cade Hansen Voluntary MCC 8/14/2024 Class FT Class New Hire and Terms City Council 2025: 1/22/2025 City Council Agenda: 1/27/2025 2C. Consideration of approving the sale or disposal of surplus Citv property Prepared by: Meeting Date: ® Consent Agenda Item N/A 1/27/2025 ❑ Regular Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 1/27/2025 2D. Consideration of adopting Resolution 2025-09 joining the Coalition of Greater Minnesota Cities Prepared by: Meeting Date: ® Consent Agenda Item City Administrator 1/27/2025 ❑ Regular Agenda Item Reviewed by: Approved by: Finance Director, Community N/A Development Director ACTION REQUESTED Motion to adopt Resolution 2025-09 joining the Coalition of Greater Minnesota Cities. REFERENCE AND BACKGROUND The Coalition of Greater Minnesota Cities (CGMC) is a non-profit advocacy organization focused on legislative policies that benefit cities located outside the seven -county Twin Cities metro area. Historically, Monticello has not been a member since the tax impact of the Monticello Nuclear Plant means the City does not qualify for Local Government Aid, a substantial advocacy topic for CGMC. However, in recent years there has been a series of legislative efforts that put critical aspects of local control at risk, particularly for cities in greater Minnesota. During the 2024 session, Monticello advocated for maintaining local control and often overlapped with advocacy being done by CGMC. Rather than relying only on solo efforts or informal partnerships, staff recommend joining CGMC and offering support for policies and legislation that acknowledges the needs of non -metro communities. The cost to join the organization is calculated annually. For a city the size of Monticello, the dues include a base fee of $1,500 plus an additional fee based on the applicable per capita assessment rate. However, Monticello's lack of Local Government Aid means it would receive a 50% discount on annual dues. In addition, since Monticello has not been a member before, the dues would be phased in over a period of four years. During the first year, Monticello would be assessed 25% of the total dues, followed in subsequent years by 50%, 75%, and finally 100% in year 4. The cost for the first year with applicable discounts is $4,064. Staff propose to pay membership dues with the 2025 budget allocation of $25,000 for professional services within the Administrative Department of the General Fund. During budget discussions, staff recommended using the funds for a CGMC membership as well as a government relations contract for Monticello -specific legislative initiatives. City Council Agenda: 1/27/2025 Finally, the proposed resolution commits the City to maintain membership through the phased membership period. If membership is approved, adequate membership dues would need to be included within the budget through 2028. After that, the City would be able to decide annually whether to continue membership in CGMC. I. Budget Impact: The 2025 budget includes funds to pay for membership through the Administrative Department within the General Fund. The proposed resolution includes a commitment to maintain membership as dues are phased in over a period of four years. At the full rate, Monticello is estimated to pay $16,258 annually. Going forward, the membership rate would continue to be budgeted within the Administrative Department. II. Staff Workload Impact: Periodic participation in Coalition opportunities. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION Staff recommend adopting the resolution and joining the Coalition of Greater Minnesota Cities. Their advocacy efforts align with City of Monticello positions on housing, transportation, economic development, and more. Membership will allow Monticello to participate in advocacy that represents communities outside of the Twin Cities metro area and bring attention to issues critical to the future of our community. SUPPORTING DATA A. Resolution 2025-09 B. Coalition of Greater Minnesota Cities Frequently Asked Questions C. Explanation of Dues K 2D. (1) CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION 2025-09 RESOLUTION TO JOIN THE COALITION OF GREATER MINNESOTA CITIES WHEREAS, the interests of Monticello and its residents are deeply impacted by the actions of the Minnesota State Legislature and Minnesota state government; and WHEREAS, the Coalition of Greater Minnesota Cities (CGMC) is a nonprofit advocacy organization whose mission is to pursue policies at the state legislature that benefit Cities located outside of the seven -county Twin Cities Metropolitan area; and WHEREAS, the CGMC works to protect LGA funding and works on economic development, environment, transportation, and annexation issues which benefit Monticello and other Greater Minnesota communities; and WHEREAS, this is a pivotal time in Minnesota's history and it is important for Greater Minnesota communities to speak with a collective voice on issues at the State Capitol; WHEREAS the CGMC offers a phased -in dues structure for new or returning member cities, under which, Monticello will pay 25% of our full dues amount during our first year of membership, 50% of dues in the second year, 75% in the third year, and 100% of our dues during the third year. [��i�Jr�:I�:7�Y�]:3i:3i��:7��]��/��]:�'i�:I��'L�I�1�1►[�]I��3��:I�[�]��'L�]iJiL�]►��[�1�� 1. That the City of Monticello hereby agrees to join the Coalition of Greater Minnesota Cities. ADOPTED BYthe Monticello City Council this 27t" day of January, 2025. CITY OF MONTICELLO Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk COAPINON OF GREATER MN CITIES -FregUevif14 asked Qmestiovis: CCAW1C'P>&Isics We are a nonprofit, nonpartisan advocacy organization representing more than 100 cities outside of the Twin Cities metropolitan area. We advocate for the unique needs of Greater Minnesota cities on issues such as Local Government Aid, economic development, environment, transportation, and more. CGMC is led by a board of directors made up of mayors, city councilors and city staff members from across Greater Minnesota. Our legislative advocacy focuses on five main areas; LGA & property taxes, economic development, environment, transportation, and annexation & land use. Within these areas, priorities and positions are selected based on input gleaned from our members through subcommittee meetings and informal discussions. Our official legislative priorities and positions are adopted by CGMC's full membership at our Fall Conference in November. For most cities, dues are calculated based on a $1,500 base fee plus an amount per capita (which is tiered so that larger cities pay more per capita than smaller cities), A different calculation is used for cities with populations greater than 35,000. We have a four-year phase -in fee schedule for new members or returning cities that have not been members in the last five years. For those cities, dues are phased in starting at 25% of the total in the first year and then stepping up to 50%, 75%, and finally 100% over the next three years. This phase -in schedule allows new members to see the work of the CGMC and participate in our programs for just a small initial investment. We host several events each year including our Summer Conference, Fall Conference, Legislative Action Day (our annual "lobby day" at the Capitol in St. Paul), and seminars on labor & employment issues. In addition to our in -person events, we often Our origins stem from the early 1970s, when several Greater Minnesota mayors began to express concerns that their communities were not receiving adequate attention at the legislature. They decided Greater Minnesota cities needed their own representation at the Capitol. CGMC started with just 13 cities and was led by enthusiastic city officials who hired lobbyists, met regularly with legislators, promoted their ideas in the media, and developed a strong presence around the Capitol, all while continuing to welcome additional members into the fold. In addition to our legislative advocacy, we have a public labor and employment program that provides our members with data and information on topics ranging from negotiations with unions to disciplining employees and other workplace situations. Our labor team conducts seminars and webinars and has been a vital resource during the COVID-19 pandemic as our member cities navigate the new realities for their employees and workplaces. CGMC member cities are also entitled to reduced fees on legal services related to labor and employment issues. We keep in touch with members in several ways, The most consistent is through the CGMC in Brief, our weekly e-newsletter that provides updates on activities at the legislature, emerging issues, grant opportunities, and upcoming events. We also offer opportunities to delve more deeply into specific topics through webinars featuring CGMC staff or outside guests and experts. In addition, CGMC staff members visit as many of our member cities between legislative sessions as possible. These visits can take many forms; Zoom meetings, face-to-face with the mayor and staff, or a presentation to the whole council. We do not lobby or take positions on legislation that is specific to individual cities. However, our expert staff is always happy to offer advice and perspective to our members on the legislature and the conduct webinars to provide in-depth information on specific legislative process. issues that may impact your city. For more information, visit greatermncities.org or email us at CGMC_Communications@flaherty-hood.com. COAQINON OF -Frc, mevi+14 -Askod Qmestl(As". �I rg -T GREATER MN CITIES a� scts Ca M C Gipa r+ Years of experience have shown that if CGMC doesn't speak up on certain issues, no one will — and surely no one who is specifically looking out for Greater Minnesota. The cities of Minneapolis and St. Paul have several lobbyists working for them at the Capitol, as do communities across the metro area through the Metro Cities organization and Met Council. Greater Minnesota deserves the same strong team of advocates looking out for your communities. CGMC provides that team. While the League of Minnesota Cities (LMC) covers issues that impact all cities across the state, CGMC focuses specifically on the unique needs and interests of cities in Greater Minnesota. The work of CGMC and LMC is often complementary, but our distinct focus means we advocate for rural communities in ways LMC does not. By concentrating on needs and issues from a Greater Minnesota perspective, we strive to ensure that Greater Minnesota receives its fair share of state resources such as Local Government Aid, bonding dollars, economic development programs, etc. CGMC is most known for our advocacy on LGA, but we work on many other issues that are important to cities across Greater Minnesota. Child care, housing, broadband, transportation, environmental regulations, and annexation are just a few of the other critical issues that we work on. In addition, we provide a discount on CGMC membership for cities that do not receive LGA. If your city's dues work out to be more than the LGA you receive, you are only charged for half of what your dues would otherwise be. Is C6jMCPst &wot- er pfr1-isu No! We are a nonpartisan organization and the city officials involved in CGMC cover every corner of the ideological spectrum. We have strong positive relationships and work closely with members of both parties to advance the needs of Greater Minnesota — and we aren't afraid to criticize either party when their actions warrant it. Many cities hire a contract lobbyist or employ a staff member tasked with advancing specific bills at the legislature. They are great for bringing attention to a city -specific project, but no single contract lobbyist for an individual city is able to influence statewide policy on the "big issues" like LGA or transportation funding. When it comes to these types of major issues, a well - established association of like-minded advocates who can wield their collective power is far more effective. There are certainly many cities who are not members of the CGMC but who still reap the benefits of our work. However, the cities who join CGMC understand that accomplishing favorable outcomes for Greater Minnesota requires cities to work together and put up a united front. CGMC cannot achieve success for all Greater Minnesota cities without a large group of member cities who support our shared goals and priorities. For more information, visit greatermncities.org or email us at CGMC_Communications@flaherty-hood.com. 2D. (4) COALITION Wt. f_D[ATI ES Explanation of Dues for Monticello CGMC general membership dues are calculated using the assessment policy approved by the membership at its annual meeting each summer. For returning members, dues are invoiced in early August for the upcoming fiscal year. Cities have until February I of the following year to pay their membership dues, which can be paid from either year's budget. The basic CGMC membership dues policy approved for the 2024-25 fiscal year stipulates that all cities with a population under 35,000 pay a base fee of $1,500, plus an additional fee based on the applicable per capita assessment rate. Cities with a population over 35,000 pay a base fee of $69,317 with a lower per capita assessment rate. This dues policy is designed to ensure that each member city pays proportionate dues relative to their population size. There are several other factors that impact the calculation of membership dues. For new member cities or returning member cities that have not been CGMC members for more than five years, membership dues are phased in over the course of a four-year period. For the first year, new member cities are assessed 25% of their total dues. In the second year, 50% of their total, and in the third year, 75% of their total. In the fourth year of membership and thereafter, cities are assessed their full dues. In addition, if a member's local government aid is less than its total dues, they receive a 50% discount on membership dues for that year. Based on the dues policies outlined above, the city of Monticello would be assessed at approximately the following rates over the next four years with dues fully phased in by 2027- 2028: 2024-2025: $4,064 2025-2026: $8,129 2026-2027: $12,193 2027-2028: $16,258 These amounts will likely vary in the coming years based on city population, local government aid received, and the dues policies approved each year by CGMC membership. However, these numbers should serve as a safe ballpark as you assess your decision to join. If you have any questions about CGMC membership dues, or you would like more information about the CGMC, please reach out to Emma Nelson at ennelson(a,flaherty-hood.com or at (651) 259-1936. City Council Agenda: 1/27/2025 2E. Consideration of renewing membership in the 1-94 West Corridor Coalition for 2025 in the amount of $7,415.50 Prepared by: Meeting Date: ® Consent Agenda Item PW Director/City Engineer Reviewed by: Finance Director ACTION REQUESTED 1/27/2025 Approved by: City Administrator ❑ Regular Agenda Item Motion to approve renewing 1-94 West Corridor Coalition membership and paying contribution of $7,415.50. PREVIOUS CITY COUNCIL ACTION The City Council has approved annual membership in the coalition since 2013. REFERENCE AND BACKGROUND The 1-94 West Corridor Coalition is focused on improving 1-94 and its support facilities through both short and long-term improvements. With a unified voice, the organization advocates for solutions to address transportation concerns along the 1-94 corridor between Maple Grove and St. Cloud. The Coalition advocated for the 1-94 Gap project between Albertville and Monticello which was awarded $78 million in 2023. This funding completes capacity expansion between Clearwater and 610 in Maple Grove. The Coalition continues to advocate for the completion of the funded projects as well as for future projects which include improvements such as the Fish Lake interchange as well as providing additional interchanges along the corridor to realize the benefits of the additional capacity improvements on 1-94 in recent years. Given our place along this critical corridor and its resulting impact on our community's growth, Monticello's participation in the coalition continues to benefit our long-term growth and development. I. Budget Impact: Membership dues are based on census population; Monticello's contribution for 2025 is $7,415.50. The funds have been budgeted for the year in the Public Works Administration department in the General Fund. II. Staff Impact: In collaboration with the council liaison to the organization, staff will continue to represent the City at 1-94 Coalition meetings and events. 1 City Council Agenda: 1/27/2025 III. Comprehensive Plan Impact: The Monticello 2040 Vision + Plan specifically cites a policy statement that the city "Continue to play a proactive role in regional planning initiatives and meet regularly with representatives from nearby townships, cities, Wright and Sherburne Counties and the Mississippi River Regional Planning Partnership." STAFF RECOMMENDED ACTION City staff recommend membership renewal and associated financial contribution to the coalition. SUPPORTING DATA • Invoice for 2025 2E. (1) I-94 West Corridor Coalition ,�,� 00 LAJ Invoice Ln�4 PROBox MN 55374 SEC 2 Date Invoice # rs,l/l/2025 2066 City of Monticello Monticello City Hall 505 Walnut Street Monticello, MN 55362 Description Qty Rate Amount 2025 Annual Membership Dues 14,831 0.50 7,415.50 Total $7,415.50 2E. (2) December 20, 2024 City of Monticello 505 Walnut St 1Yr94 Monticello, MN 55362 CORRIDOR COALITION Local businesses, units of government, and organizations like yours are the lifeblood of Minnesota's economy, providing jobs and sustaining families in cities, towns, and neighborhoods like the ones in which we work and live. The vitality of our local businesses and communities depends greatly on the health of our infrastructure. It is because of this need that the 1-94 West Corridor Coalition was formed, and why we are asking that you renew your membership. The 1-94 West Corridor Coalition is a partnership of businesses and local governments formed to provide a strong, united voice to advocate for and address transportation concerns along the 1-94 corridor from the Maple Grove to St. Cloud. Our growing communities require foresight, planning, and relentless advocacy to ensure our region's transportation needs are not lost at the Capitol. WP've experienced maior success along the 1-94 Corridor over the past decade which has resulted in significant reductions in travel delays, increased satety, decreased congestion, improved treight mobility and an overall expansion of one of the most vital arteries in the Twin Cities. 2024 was a big year with the groundbreaking on the 1-94 Gap Project, 610/94 Interchange completion project construction underway, and the groundbreaking for the 1-94 Gap project, which will mark the completion of needed lane expansions of 1-94 in both directions from 610 to Clearwater. This project, in its entirety, has been a top priority of the Coalition since our inception, and we are grateful for the support from everyone involved over the past decade -plus to bring over 700 million dollars in transportation expansion investment to our corridor. We are looking forward to a successful 2025! Our Coalition members and supporters continue to advocate for a stable, reliable, and dedicated transportation funding plan that accounts for the long-term transportation needs of the State of Minnesota. It is because of the involvement of organizations like yours that the 1-94 West Corridor Coalition experiences remarkable support and success. 1-94 Coalition Members demonstrated their commitment to our region through billboard sponsorships, interviews, legislative testimonies, and much more. The support of your organization and many others has been phenomenal, and we look forward to working together in 2025 with the renewal of your membership. Please find enclosed an invoice to renew your membership. Membership benefits include: recognition on the coalition website (greenlight94.com); email updates about coalition activities and transportation news; invitations to coalition events; and alerts about ways to get involved to further our efforts. Be sure to also save the date for the 2025 Legislative Preview Breakfast on Friday, January 10th from 7:30 AM — 9 AM (Program begins at 8:00 AM) at the 21st Century Bank Event Center (12716 Main Street, Rogers, MN 55374). Please contact info@greenlight94.com or call the Coalition at 612-594-7557 for more information. Sincerely, !", �50,6141% M& Chairman 1-94 West Corridor Coalition City Council Agenda: 1/27/2025 2F. Consideration of approving a request for a Conditional Use Permit for a proposed Vehicle Sales and Rental Use in a B-3 (Highwav Business) District. Applicant: Mohammad Awad Prepared by: Meeting Date: ® Consent Agenda Item Grittman Consulting, Stephen Grittman 1/27/2025 - City Planner Reviewed by: Approved by: Community Development Director, City Administrator Chief Building & Zoning Official, Community and Economic Development Coordinator, Assistant City Engineer ACTION REQUESTED ❑ Regular Agenda Item Planning Commission unanimously recommends approval of the Conditional Use Permit. Motion to approve a Conditional Use Permit for a proposed Vehicle Sales and Rental Use in a B- 3 (Highway Business) District at 216 Sandberg Road, subject to the conditions in Exhibit Z and based on findings in Resolution No. PC-2025-02. REFERENCE AND BACKGROUND Property: Legal Description: Lengthy: Contact City Hall PID #: 155027001041, 155027001031 Planning Case Number: 2024-49 Request(s): Consideration of a Conditional Use Permit for a proposed Vehicle Sales and Rental Use in a B-3 (Highway Business) District Deadline for Decision: February 10, 2025 (60-day deadline) April 11, 2025 (120-day deadline) Land Use Designation: Regional Commercial Zoning Designation: B-3 Highway Business Overlays/Environmental Regulations Applicable: Freeway Bonus District Current Site Uses: Vacant rental facility 1 City Council Agenda: 1/27/2025 Surrounding Land Uses: North East: South West: Project Description: ANALYSIS: B-3 Commercial —Automobile Sales B-3 Commercial — Mixed Retail B-3 Commercial — Commercial Service B-3 Commercial —Auto Repair Major The project is a newly proposed use on a previously developed site at the southwest corner of Highway 25 and Chelsea Road. The property was previously used as a rental equipment retail and storage facility. The new use would be for Vehicle Sales and display, a Conditional Use in the B-3 (Highway Business) zoning district. The applicant proposes establishing a display lot for previously owned automobiles along the Chelsea Road and Highway 25 frontages, with customer and employee parking adjacent to the building. Portions of the building would be remodeled for office facilities and showroom space, according to the site plan. Minimal exterior building changes are planned for the project (if any). Zoning. As noted above, the subject site is zoned B-3 (Highway Business) District. The B-3 District is designed for uses that are highway and automobile oriented, and includes a number of existing vehicle sales facilities, concentrated along the Chelsea Road area from this location to the west. When reviewing the eligibility of a proposed Conditional Use, the Planning Commission and City Council look generally to the character of the area in question to ensure that the proposed use will be compatible with the existing and proposed land use pattern. In addition to the general character, the Zoning Ordinance provides specific use standards that apply specifically to vehicle sales and rental. The site and proposed use are also subject to the general standards of the zoning ordinance related to parking supply, paving and curbing, lighting, landscaping, and other finishing standards. Although the site was developed and used in the past, neither the building nor the site conditions are entirely consistent with current zoning standards. Legal nonconforming structures and uses are allowed to continue provided they are not expanded and are put to the same use on a continuous basis. The zoning ordinance (reflecting state law) distinguishes two types of nonconformities — nonconforming structures and nonconforming uses. In this case, the structure is not proposed for exterior change, such as expansion or significant alteration. However, the principal use of the site is proposed to change. City Council Agenda: 1/27/2025 "Vehicles" are defined by the Zoning Ordinance as those licensed for, and capable of, operating on public roadways. This definition distinguishes "Vehicle" Sales and Rental from general equipment rental for the purposes of land use. The proposed use is therefore a new use under the ordinance. The building may continue (without expansion) in its current nonconforming state. Other site conditions, however, are not included in the non -conformity protections provided to the "structure." As a result, the site itself is required to comply with current zoning regulations now that a new use, Vehicle Sales and Rental, is being proposed. The standards for Vehicle Sales and Rental follow below, along with analysis on the proposed use and site compliance relative to both the specific use standards and the general finishing standards of the zoning ordinance. (30) Vehicle sales or rental. (a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5-3. TABLE 5-3: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES Parcel Size Lot Coverage Minimum Percent* Building Size* Less than 2 acres 5% 2,500 sq. ft. 2 acres to less than 7% 10,000 sq. ft. 4 acres 4 acres to less than 9% 20,000 sq. ft. 8 acres 8 acres or more 9% 40,000 sq. ft. *Whichever requires the larger building (b) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with § 153.060(G). (c) All lighting shall be in compliance with § 153.063. 3 City Council Agenda: 1/27/2025 (d) The outside sales and display area shall be hard surfaced. (e) The outside sales and display area does not utilize parking spaces which are required for conformance with this chapter. (f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department. (g) There is a minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet. (h) A drainage system subject to the approval of the Community Development Department shall be installed. Site Design. The site consists of two parcels, totaling just under 28,000 square feet in lot area, with a building of approximately 6,300 square feet. The building size meets the coverage percentage and square footage requirement of the "Vehicles Sales and Rental" code. Site dimensions based on the survey information provided also meet the required minimum of 150 by 130 feet. The site is therefore compliant with dimensional requirements of the use specific standards. No changes are proposed to the current access point. Traffic will continue to enter the site from a single driveway on the west side of the parcel off Sandberg Road. The applicant's site plan relies on a layout that allows incoming traffic to circulate one-way around a center -display area of vehicles, ringed by display at the perimeter of the site on the north and east frontages. As a condition of approval, the applicant will be required to provide one-way pavement markings consistent with the site plan and any recommendation of the City Engineer. The drive aisle widths shown are appropriate for one-way circulation. The current site also includes the existing curb around the entire vehicle display area, as required by ordinance. It is recommended that the applicant review the condition of the curb and plan for future replacement as needed to maintain compliance with City ordinance. The site plan illustrates 27 vehicle display spaces, all at a dimension of 9 by 20 feet, which is the City's standard parking dimension. As a display use, the dimensions could be adjusted slightly, although the display spaces should be no less than 8 x 18 feet in dimension. The required employee and customer spaces must continue to meet the 9 x 20-foot dimensional requirements. The applicant's revised site plan, submitted just prior to the January 7, 2025 Planning Commission meeting, now details 29 display spaces, dimensioned at 8' x 20'. The applicant provided a draft floor plan for the proposed use. A portion of the building is shown as "shop area." The applicant's narrative does not indicate any proposed auto repair uses. A condition of approval was included in Exhibit Z to note that no minor auto repair, 4 City Council Agenda: 1/27/2025 beyond minor detailing and incidental servicing expected for used vehicle display, is permitted without an amendment to the CUP for consideration of an "Auto Repair — Minor" use. The site plan is prepared as a sketch plan, and certain details are needed to verify consistency with zoning requirements. In particular, the following elements are not provided for based on the plans and site inspection: 1. Landscaping. The applicant submitted a revised site plan which illustrates the required number of 68 shrubs. The size and species are to be determined. Comments below are on the original site plan submission for Planning Commission, which describes the required number of shrubs. The site plan does not fully illustrate existing or proposed landscaping as required by the zoning ordinance. From site photography, some limited landscaping is present on the site. The zoning ordinance requires 10 ACH ("Aggregate Caliper Inches" - diameter of trunk) per acre — a total of 7 caliper inches required for this site. The site may comply with this requirement, but this should be verified on the site plan. The zoning ordinance also requires 2 shrubs per 10 feet of linear building perimeter. For this site, that would be 68 shrubs for the 340 feet of building perimeter. A significant additional shrub planting should be planned and submitted as a condition of approval, or an alternative plan should be proposed that meets the requirements of the zoning ordinance. 2. Parking. The zoning ordinance requires parking supply for Vehicle Sales and Rental Uses at the rate of 8 spaces for the first 1,000 square feet of building area, plus one space per each additional 800 square feet. For the 6,300 building, a total of 15 parking spaces are required for customers and staff. The proposed site plan illustrates 5 customer and 2 employee spaces. While some of the display vehicles spots could be replaced by customer and employee parking, it would be important to ensure that those spots are available for that purpose via signage. As Sandberg Road is already congested with on - street parking, ensuring that parking from this use does not overflow onto the street would be a step toward resolving the current issues. The applicant's revised site plan details employee parking in the storage area located inside the building, as well as along the outside front and rear of the building, exceeding the required 15 spaces. 3. Lighting. The site plan does not identify proposed site lighting. Site photography appears to show one existing pole with site lighting mounted on it. The height of the pole and the lighting may not comply with the City's maximum pole height of 25 feet. This is an existing non -confirming condition. However, any new lighting for a vehicle sales facility should be identified and be consistent with ordinance requirements. 4. Building Materials. The plan does not appear to propose any changes to the building exterior. While it is not consistent with current building requirements in the B-3 District, City Council Agenda: 1/27/2025 the structure itself may be repurposed and remodeled without requiring it to be brought into conformance (as noted above). Additional enhancement to building materials to bring it closer to consistency with the general commercial building standards is encouraged but not required given non -conformity allowances. 5. Signage. The applicant has not proposed signage with this application. An existing freestanding sign is located at the southeast corner of the site and may be reused by the applicant. Other wall signage should comply with City sign ordinance limitations. General Review Criteria. In addition to the specific use standards applicable, to follow is a review of requirements for any Conditional Use Permit with a staff comment for each element. (i) The use will not substantially diminish or impair property values within the immediate vicinity of the subject property. Staff Comment: As an allowed use in the district, and with the conditions identified, there is no reason to believe that there will be any negative impacts on neighboring property values. The B-3 District was established to create development opportunities for travelers and auto -related commercial uses. This request for this use is consistent with that district. (ii) The use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use. Staff Comment: The site plan for the proposed use is deficient in specific zoning standards required of a Conditional Use for parking and landscaping. The various site application plans should be updated to verify consistency with these standards as a condition of, or prior to, any approval. (iii) The proposed use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area. Staff Comment: The use itself is consistent with the intent of the zoning district and land use category. Site development details should be brought into conformance as required by the zoning ordinance, as has been required of other vehicle sales facilities in the district. (iv) The use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided. Staff Comment: The proposal is an allowed use and its utility impacts are included in the City's planning for the district. Compliance with off-street parking requirements and assurance that green space requirements will be adhered to will ensure that this site proposal meets this standard. 11 City Council Agenda: 1/27/2025 (v) The use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City Code requirements. Staff Comment: The required parking supply is approximately double those provided by the proposed site plan. Some of the display spaces should be redesignated for parking as noted in this report. (vi) The use will not result in any nuisance including but not limited to odor, noise, or sight pollution. Staff Comment: Landscaping, site drainage, parking, and lighting details are among those that are necessary to ensure consistency with this general standard. (vii) The use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled. Staff Comment: No impacts to any natural features are expected with this project. (viii) The use will adhere to any applicable additional criteria outlined in the Zoning Ordinance for the proposed use. Staff Comment: As discussed, additional detail for parking and landscaping are required as a part of the site plan package to verify compliance with this standard. The applicant supplied a revised site plan detailing compliance with parking and landscaping requirements. Budget Impact: The applicant submitted the required fee and escrow to cover the costs of the hearing and review of the applications. II. Staff Workload Impact: Staff and consulting time for the review of the application will be coded to the application escrow. III. Comprehensive Plan Impact: The proposed uses are consistent with the B-3 (Highway Business) District zoning designation for the project site. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission reviewed the proposed ordinance and held a public hearing on the item during its regular meeting on January 7, 2025. Staff noted that the applicant has submitted a revised plan, which was provided to the Planning Commission, with a copy available for the public. The revised site plan addresses comments related to landscaping and parking. During their discussion, the Commission inquired as to the minimum number of accessible stalls. Staff confirmed and noted that the site plans illustrate accessible stalls, which will also be reviewed by the Building Department for code compliance. The Commission also confirmed the City Council Agenda: 1/27/2025 15 employee and customer spaces required by code is based on the total square footage of the building. Staff confirmed and noted the accessible stalls are included in the required number of spaces per code. It was further noted that the City's zoning ordinance requires unloading of vehicles to occur on site. Commissioner Kothenbeutel noted he had visited the applicant's site in Buffalo, which he indicated was a well -kept site. There was no public to address the Commission on the item. Following discussion, the Commission recommended approval unanimously. STAFF RECOMMENDED ACTION Staff recommend approval of the use of the site for Vehicle Sales, although details and site plan modifications for parking and landscaping are required to ensure consistency with the CUP provisions of the City's zoning regulations. If the applicant proposes to avoid any of these requirements, a separate variance application and analysis would be required. As such, any recommendation for approval of the CUP should be accompanied by the conditions identified in Exhibit Z. SUPPORTING DATA A. Resolution PC-2025-05 B. Aerial Site Image C. Applicant Narrative D. Certificate of Survey E. Site Plan, Revised 1/6/25 F. Original Submittal Site Plan 12/13/24 G. Site Images, Proposed Site H. Site Images, Buffalo Location I. Monticello Zoning Ordinance, Excerpts J. Monticello Official Zoning map K. Chief Building Official's Letter, dated January 2, 2025 L. Conditions of Approval EXHIBIT Z Conditions of Approval Conditional Use Permit for Vehicle Sales & Rental 216 Sandberg Drive 1 155027001041, 155027001031 1. A landscaping plan is prepared and submitted demonstrating compliance with the green space and planning quantities required by the Zoning Ordinance, or an H., City Council Agenda: 1/27/2025 alternate landscaping plan is submitted in accordance with the requirements in the ordinance. The revised site plan meets this condition. 2. The site plan is modified to verify compliance with the City's off-street parking requirements, including: a. The entire parking/display lot shall be restriped. b. Employee and customer parking shall continue to meet ordinance dimensional requirements. c. Employee and customer parking shall be signed for that exclusive purpose and use. d. Pavement markings for one-way circulation shall be consistent with the site plan, maintain a minimum width of 20' and meet any recommendations of the City Engineer. e. Vehicle display stalls shall meet a minimum dimension of 8' by 18'. 3. The site plan is modified to show all site lighting, with new lighting designed and constructed to be consistent with the requirements of the City's site lighting regulations. 4. The applicant submits site and building signage plans consistent with the City's sign ordinance requirements. 5. The applicant identifies any changes to the building materials, if planned. 6. Minor auto repair, except for incidental servicing expected for used vehicle display, is not permitted on the site without amendment to the CUP for consideration of an "Auto Repair— Minor" use. 7. Compliance with any comments of the City's Engineering Staff, including those related to accessibility. 8. Compliance with the terms of the City Fire Marshal's letter dated January 2, 2025. 9. Comments and recommendations of other Staff and Planning Commission. E 2F. (1) CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-02 RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR A VEHICLE SALES/RENTAL FACILITY IN A B-3, HIGHWAY BUSINESS DISTRICT PID 155-027-001041; 155-027-001031 1 216 SANDBERG ROAD WHEREAS, the applicant has submitted a request for a Conditional Use Permit for a vehicle sales/rental facility; and WHEREAS, the proposed facility would alter the existing nonconforming conditions through modifications to the sales and display area, as well as altering the use from an equipment rental use to vehicle sales; and WHEREAS, the proposed use would have no other expected impact on the site; and WHEREAS, the site is zoned Highway Business (B-3), which allows such use as an accessory use by Conditional Use Permit; and WHEREAS, the general land use would be consistent with the long term land use plan for the City and the location, including the designation of the site for "Community Commercial" uses; and WHEREAS, the applicants have provided materials documenting that the proposed use facilitates longterm use of the site for uses in the B-3 zoning district; and WHEREAS, the applicants have provided materials documenting that the proposed use will comply with the terms and standards of the zoning ordinance with the recommendations approved by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on January 7th, 2025 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 2F. (2) CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-02 1. The applicant has provided plans demonstrating that the proposed facility will be in compliance with the standards for vehicle sales/rental facilities found in the zoning ordinance. 2. The applicant has provided plans demonstrating that the use will improve long- term use of the site for uses in the subject zoning district and Comprehensive Plan land use category. 3. The parcel is intended for commercial uses, which is the existing and proposed use of the property. 4. The operation of the business will not create noise, odors, visual impacts, or other noticeable impacts on the property or the neighborhood beyond those expected for allowed uses in the zoning district, subject to the additional site improvements as required by City approval. 5. The use will improve convenience to customers and to the public, consistent with the City's economic development objectives for commercial property. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approve the Conditional Use Permit for Vehicle Sales/Rental, subject to the conditions identified in Exhibit Z of the Staff report, as listed below: 1. A landscaping plan is prepared and submitted demonstrating compliance with the green space and planning quantities required by the Zoning Ordinance, or an alternate landscaping plan is submitted in accordance with the requirements in the ordinance. The site plan is modified to verify compliance with the City's off-street parking requirements, including: a. The entire parking/display lot shall be restriped. b. Employee and customer parking shall continue to meet ordinance dimensional requirements. c. Employee and customer parking shall be signed for that exclusive purpose and use. 2 2F. (3) CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA PLANNING COMMISSION RESOLUTION NO. PC-2025-02 d. Pavement markings for one-way circulation shall be consistent with the site plan, maintain a minimum width of 20' and meet any recommendations of the City Engineer. e. Vehicle display stalls shall meet a minimum dimension of 8' by 18'. 3. The site plan is modified to show all site lighting, with new lighting designed and constructed to be consistent with the requirements of the City's site lighting regulations. 4. The applicant submits site and building signage plans consistent with the City's sign ordinance requirements. 5. The applicant identifies any changes to the building materials, if planned. 6. Minor auto repair, except for incidental servicing expected for used vehicle display, is not permitted on the site without amendment to the CUP for consideration of an "Auto Repair— Minor" use. 7. Compliance with any comments of the City's Engineering Staff, including those related to accessibility. 8. Compliance with the terms of the City Fire Marshal's letter dated January 2, 2025. 9. Comments and recommendations of other Staff and Planning Commission. ADOPTED this 71h day of January, 2025 by the Planning Commission of the City of Monticello, Minnesota. ATTEST: Ang MONTICELLO PLANNING COMMISSION By: Andrew Tap p�� munity Development Director 3 2F. (4) Beacon Wright County, MN Consideration for a Conditional Use Permit - Vehicle Sales & Rental Use Legal: Lengthy, PIDs 155027001041,155027001031, Address: 216 Sandberg Rd. Created by: City of Monticello F � 130 155500142203 1 209 �••.a 136 155R t 155217001020 '1^ .i �' �1 155202001020 4r. �:..� `.. 55027001030 �'-- 1552020� 1030 2F. (5) Dear City Planning Department, I am writing to submit a formal application for a Conditional Use Permit (CUP) for the purpose of establishing a used auto sales business at 216 Sandberg Drive, Monticello. I am seeking approval for the operation of an auto dealership on the proposed site, in accordance with local zoning regulations. 1.Overview of Proposed Business The proposed business will engage in the sale of used vehicles, at the location of 216 Sanberg Drive, Monticello. The site will serve as a retail operation with the following key features: • Display and sale of vehicles • Customer service and administrative offices Our primary objective is to provide high -quality, competitively priced vehicles and excellent customer service. 2. Compliance with Zoning Ordinances I have reviewed the current zoning ordinances and can confirm that the proposed business complies with the applicable zoning requirements for the B3 in which the property is located. However, since auto sales are a conditional use in this district, a Conditional Use Permit is required to proceed. As part of the application, we will ensure that the following requirements are met: Adequate Parking: The site will provide sufficient parking for both customers and employees, adhering to the city's standards for parking requirements. Vehicle Display Areas: Vehicles will be displayed in an orderly fashion, with clear boundaries, and in a way that minimizes any potential disruption to traffic or pedestrians. Vehicles will be displayed facing Chelsea Road and Highway 25. Hours of Operation: The business will operate from 8:00 AM to 8:00 PM, Monday through Saturday, with closed hours on Sunday. 3. Traffic and Safety Considerations We understand that traffic flow and safety are a priority for the City of Monticello. The proposed location is easily accessible and provides sufficient space for customers and vehicles. To minimize congestion and ensure safe access: Access Points: The site will utilize the existing entry/exit points, and no new curb cuts will be required. 5. Conclusion and Request for Approval 2F. (6) We respectfully request that the City Planning Department approve our application for a Conditional Use Permit to operate an auto sales business at 216 Sanberg Drive, Monticello. We are committed to complying with all applicable city codes and zoning regulations, and we will ensure that the business contributes to the vitality of the neighborhood. Please find attached all necessary documents Thank you for your time and consideration. I look forward to your positive response and to working with the City of Monticello to bring this business to fruition. Sincerely, Mohammad Awad Rockstone Automotive, INC 2F. (7) 0 O W m z C¢ CHELSEA ROA l � WEST . PARCFI r., w7 76 - XivER NORTHER YL rU OpF�\3o \ W N W t0 rl 0 tC f- 0 0 z ix J E- LO 4 PARCEL ID 155027001041 H'Z o2)33 q � •S9 PERMANENT EASEMENT—, FOR HIGHWAY PURPOSES PER DOC. NO. 684404 I I I I I I -- I � I 25.00 \ S8.25 I � 6 Z4 202•39\ \ BLOCK 1 NORT/-IEgST L OTq hM. N ti oMN O O 2 Q BOUNDARY DESCRIPTION (Per Title Commitment No. 24-07251) ABSTRACT PROPERTY situated in the County of WRIGHT, State of MINNESOTA and is described as follows: That part of Lot 4, Block 1, Sandberg South, according to the plat of record and on file in the office of the County Recorder of Wright County, Minnesota lying northerly of a line drawn westerly from a point on the easterly line of said Lot 4 distant 128.12 feet south of the northeast corner of said Lot 4 to a point on the westerly line of said Lot 4 distant 113.27 feet south of the northwest corner of said Lot 4. ra►117 The Southwesterly 25 feet of Lot 3, Block 1, Sandberg South, as measured at right angles to the southwesterly line of said Lot 3, according to the plat on file and of record in the Office of the County Recorder, in and for the County of Wright, State of Minnesota, said property being located in the City of Monticello. SURVEYOR NOTES 1. Legal description and existing easement is based on Title Commitment NO. 24-07251 dated December 13th, 2024 at 7:00 AM by Chicago Title Insurance Company. 2. No improvements or utilities are shown on this exhibit. The purpose of this Boundary Exhibit is to show surveyed dimensions of the boundary lines. 3. Gross area of the property is ±27,872 square feet (±0.64 acres). 4. Address of the property is 216 Sandberg Road, Monticello, MN 55362. 5. Parcel Identification Number is 155027001031 and 155027001041. 6. Fieldwork was completed on December 20th, 2024. 0 30 60 O SCALE IN FEET LEGEND FOUND IRON MONUMENT SET 5/8" REBAR WITH CAP INSCRIBED "LS #56383" SET MAG NAIL CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. GfYc�� 0�— Date a / Zachary L. Zetah, LS# 52694 Wind River Surveying, Inc. • Albertville, Minnesota 12/23/2024 www.windriversurvey.com Email: zac@windriversurvey.com JN J � m H O Ln W = z 5 m o Q J W J z L1J H Q U O � Z O = N u i J SURVEY BY: DS DRAWN BY: ZZ APPROVED BY:DS/ZZ DATE: 12-23-24 PROJECT NUMBER 24-037 SHEET NUMBER 1 OF 1 2F. (8) Sandberg Rd Light i i r I 8.00 M Light 14.16( I 0 Employee Chelssea Rd Displa Light Y 191- 1 0 o 0 Wo v, f O O 00 cz� - :Mj N O W M W O O r ao o _ pn nn j, Display w o cn 20.00 Q O 0 Employee parki Employee Customer Parking 9.00 �I 'C v Shop area A j�% office Hwy 25 2 F. (9) Chelssea Rd 4�n 'LID 34t5n Display Employee 1or, 9.0 Customers Park ng ma's — — --- — — — — — — — — — Sandberg Rd r Employee mployee Future showroom Shop area office YID- `w = �-Eer^•�`'f./ _ __ _ �"'A�"!" r. (".r '' ��sFa:��•i�i+�T`��cS' :-�jow%tic. + ss- _ :.. �C��y�-!�a��.{., f _�y�� 4�s.•" .s�,Yj.ray;t* tcC L r t.a T s CORNERSTONE _ mom —77 ti`'3C�1Yt w,r fe 1cl.. _ SA. 'i �V f 2F. 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'f - .. 5,.^'�'�r•� `i0 .i� r .rs _a"F.rr/ - � ,�. 5-+4:. :•� ' 4 - .. �1�/_ n ... ^... _: - ��%'Pyyf�j�-��.• �i."s�Tir� v��s'.J'Y�l' �. _ !3T.v_�. ._ - .�.:IG i r ..71�.: ''?GFi[/:._.��- •r 15GrL: s7�-w`��i�,.y.•..Z=`.�.a �'-r.�'�+.'t:��."''�..; �:::-:. �'_ � .. r �a :�`S!�-f�� . - ... _. ._.... «. -,;t : �+22, �. � " `.-.�`"_1~�„f•�C�,.t "`� 1.ti •�_, '=K3a'!cif3�. ._ lw / 7 ,7 , I- .t low rn ROCKS TON �ROOKSTOq CKS10NE AUTOMOTIVE OWE gUYCARs rocksfonemn-COm -_ mk"I 3REDITAPPROM �r ROCKSTONE A09O E 9. Ian T 1 0 1 , i Lo CIE BUYUSEnAR k EDITAPPR .00 4. .'7 I 01(f SHOW MET, HE f-ARF.' 0 2F. (17) is ioo foot minimum lot width, no minimum depth z: Financial institution meeting the required 30' front yard setback 3: Minimum zo foot rear yard setback 4: io foot side yard structural setbacks 5.6 foot separation t between lot lines and parking,+drive asiles 6. Small combination use building with three commercial tenants 7. Entry points between uses meet a minimum 40 foot separation 8. io foot side yard setback (E) Highway Business District, B-3. The purpose of the "B-3" (highway business) district is to provide for limited commercial and service activities and provide for and limit the establish ment of motor vehicle oriented or dependent commercial and service activities. (1) Base lot area. No minimum. (2) Base lot width. Minimum: 100 ft. Typical B-3 Lot Configuration TABLE 3-13: B-3 DEVELOPMENT STANDARD S Required Yards (in feet) Max Height Max Impe Interi (stories/ Max Floor Area rvious Fro or Street Ratio (FAR) o Rear ft) (/ of gross lot nt Side Side area) 2 stories All Uses 30 10 20 20 30 feet (Reserved) (Reserved) [1] [1]: Multi -story buildings may be allowed as a conditional use pursuant to § 153.028(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in the Monticello City Code. Accessory I ° ee § 153.092(B) for all general standards and limitations on accessory Structures structures. - § 153.042, Common District Requirements Other - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts Regulation - § 153.060, Landscaping and Screening Standards to Consult - § 153.064, Signs (not all - § 153.067, Off -Street Parking inclusive) - § 153.068, Off-street loading spaces - § 153.070, Building Materials is zo foot street side yard setback and 30 foot front yard setback z: Hotel as a conditionally permitted use 3: Commercial parking lot broken up by landscaping islands every 24 spaces 4: 30 foot rear yard structural setback 5. Car dealership lot exempt from vehicular use area landscaping - _ requirements 6. 30 foot front yard structural setback 7. Alinimum lot width of too feet 7 �a 8. io foot interior side yard setback (F) Regional Business District, B-4. The purpose of the "B-4" regional business district is to provide for the establishm ent of commercial and service activities which draw from and serve customers from the entire community or region. (1) Base lot area. No minimum. (2) Base lot width. No Minimum. Typical B-4 Lot Configuration TABLE 3-14: B-4 DEVELOPMENT STANDARDS Required Yards (in feet) Max Height Max Impervious (stories/ Max Floor Area Ratio (FAR) (% of gross lot standardAf itliigs)chapter. UTILITIES - MAJOR. Major utilities shall include the following: (1) Public infrastructure services providing regional or community -wide service that have regular employees on site during common working hours, and entail the construction of new buildings or structures such as waste treatment plants, potable water treatment plants, and solid waste facilities. (2) Commercial wind energy conversion systems (public or private). (3) Electrical substations. VARIANCE. The waving by board action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration. VEGETATION. Means the sum total of plant life in some area, or a plant community with distinguishable characteristics. VEGETATION, NATIVE. Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site. VEHICLE, EMERGENCY. For the purpose of evaluating vehicles which may be parked in residential areas, the term emergency vehicle shall include ambulances, police and sheriffs department vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles. VEHICLE, PASSENGER. A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick-up trucks and sport -utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport -utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16 persons, and motorcycles. VEHICLE, RECREATIONAL. (1) A vehicle that is used primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind a self-propelled vehicle. (2) Operable recreational equipment that is not licensed for used on the public roadway, but used off -road, such as all - terrain vehicles, boats, off -road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing. (3) Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one piece of equipment for the purposes of this section. VEHICLE, LARGE COMMERCIAL. A vehicle used for commercial purposes which is a semi -tractor and/or semi -trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a "small commercial vehicle". VEHICLE, SMALL COMMERCIAL. A vehicle used primarily for commercial purposes, including pick-up trucks and sport - utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, eight feet in height, and eight and one-half feet in width. VEHICLE FUEL SALES. (1) Buildings and premises where dispensing, sale, or offering for sale at retail (or in connection with a private operation where the general public is excluded from use of facilities) of motor fuels, including gasoline, diesel, natural gas, or other petroleum fuels and oils, electric charging stations of more than two such stations, hydrogen, or any other fuel intended to power motor vehicles of any sort, and where in addition, the following services may be rendered and sales made, and other similar related uses: (a) "Automotive repair - minor" as defined by this chapter; (b) Retail sales of packaged foods, prepared foods and other convenience goods for station customers, as accessory and incidental to principal operation; and (c) Provision of restroom facilities, but not including showers. (2) Uses permissible at a vehicle fuel sales establishment do not include "automobile repair - major" as defined by this chapter, major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. Vehicle fuel sales establishments are intended for the servicing and delivery of goods to passenger vehicles and small commercial vehicles. Facilities for sales to large trucks may be included, but shall not include activities that would constitute uses most commonly found at a truck stop, such as showers, truck washes, truck parking or truck storage for more than temporary periods necessary to purchase and pay for retail goods. VEHICLE SALES OR RENTAL. Establishments primarily engaged in the retail sale of new and used -in operating condition-ut641biles, noncommercial trucks, motor homes, recreational vehicles or farm machinery; including incidental storage, maintenance, and servicing. VEHICULAR USE AREA LANDSCAPING, INTERIOR. Vegetative material, structures (walls or fences), berms, and associated ground cover located within the interior of a parking lot, or other vehicular use area for the purposes of providing visual relief and heat abatement (see § 153.060(F)). VEHICULAR USE AREA LANDSCAPING, PERIMETER. Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district or residentially developed lands, used property for the purposes of screening the vehicular use area from off -site views (see § 153.0604.1(F)). VETERINARY FACILITIES - NEIGHBORHOOD. An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for small household pets only. VETERINARY FACILITIES - RURAL. An establishment for licensed practitioners engaged in practicing veterinary medicine, dentistry, or surgery for all animals. VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane. WASTE DISPOSAL AND INCINERATION. A use which focuses on the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind. WATER BODY. Means a body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and surrounded by land. WATER -ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. WATERCOURSE. Means a channel or depression through which water flows such as rivers, streams, or creeks and may flow year-round or intermittently. WATERSHED. The area drained by the natural and artificial drainage system bounded peripherally by a bridge or stretch of high land dividing drainage areas. WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand; the stand being clearly a secondary use of the premises which does not change the character thereof. WETLANDS. (1) Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this chapter, wetlands must: (a) Have a predominance of hydric soils; (b) Be inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (c) Under normal circumstances, support a prevalence of hydrophytic vegetation. (2) "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of item A, surrounded by non - wetland and including all contiguous wetland types, except those connected solely by riverine wetlands. "Wetland area" means a portion of a wetland or the wetland. (3) Wetlands do include public waters wetlands unless reclassified as shoreland by the commissioner under M.S. § 103G.201, as it may be amended from time to time. (4) The wetland size is the area within its boundary. The boundary must be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987). The wetland type must be determined according to Wetlands of the United States, (1971 edition). Both documents are incorporated by reference under part 8420.0112, items A and B. The local government unit may seek the advice of the technical evaluation panel as to the wetland size and type. WETLANDS, EXCEPTIONAL QUALITY. Exceptional quality wetlands contain an abundance of different plant species with dominance evenly spread among several species. Such wetlands may support some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small areas where some disturbance has occurred. This higher level of plant species variety generally provides high wildlife habitat value and may also support rare wildlife species. The shorelines of exceptional quality wetlands are natural and unaffected by erosion. These wetlands exhibit no evidence of .` �i `Monticello January 2"d, 2025 Rockstone Automotive: General Comments. PHONE:763-295-2711 FAx:763-295-4404 505 Walnut Street I Suite 11 Monticello, MN 55362 • Provide updated or new key for fire lock box. • Provide updated contact information for lock box and fire inspection program. • Schedule an onsite visit for possible building improvements, prior to starting renovation. • Verify address number's location and size. Chief Building Official/Zoning Administrator. www.ci.monticello.mn.us City Council Agenda: 1/27/2025 2G. Consideration of approving an application for a temporary gambling permit for a raffle to be conducted by the Wright County Pheasants Forever, on March 29, 2025, at the Monticello Communitv Center Prepared by: City Clerk Meeting Date: ® Consent Agenda Item 1/27/2025 ❑ Regular Agenda Item Reviewed by: Approved by: N/A ACTION REQUESTED City Administrator Motion to approve the application for a temporary gambling permit for the Wright County Pheasants Forever for raffle being held on March 29, 2025, at the Monticello Community Center. REFERENCE AND BACKGROUND The Wright County Pheasants Forever applied for a temporary charitable gambling permit for a raffle to be held on March 29, 2025. The event is being held at the Monticello Community Center. To receive a permit from the State, the City must approve the application. STAFF RECOMMENDED ACTION City staff recommends approval of the temporary gambling permit. SUPPORTING DATA • Application 1 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: conducts lawful gambling on five or fewer days, and awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. ORGANIZATION INFORMATION Organization Name: Wright County Pheasants Forever Minnesota Tax ID Number, if any: 4874648 Mailing Address: 702 9th St NW City: Buffalo 4/23 Page 1 of 3 Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. Previous Gambling Permit Number: X-04218-23-018 Federal Employer ID Number (FEIN), if any: 41-1429149 State: MN Zip: 55313 County: Wright Name of Chief Executive Officer (CEO): Eric Mattson CEO Daytime Phone: 763-245-3961 CEO Email: matts288@gmail.com (permit will be emailed to this email address unless otherwise Indicated below) Email permit to (if other than the CEO): eric. mattson@usda.gov NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Monticello Community Center Physical Address (do not use P.O. box): 505 Walnut St., Monticello, MN 55362 Check one: 0 City: Monticello Township: Zip: 55362 Zip: Date(s) of activity (for raffles, indicate the date of the drawing): March 29, 2025 Check each type of gambling activity that your organization will conduct: County: Wright County: = Bingo = Paddlewheels = Pull -Tabs = Tipboards 0 Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 4/23 Page 2 of 3 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ❑The application is denied. Print City Name: Signature of City Personnel: COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. ❑The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days, ❑The application is denied. Print County Name: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to theIpoard within 30=days of the event date. Chief Executive Officer's Signature: Z-� lii� �-�'1� Date: / — 2 Z^ �J (Signature must be C?6's signature; designee may not sign) Print Name: Eric Mattson REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail. application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit, If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the Information; Minnesota's Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request, An equal opportunity employer City Council Agenda: 1/27/2025 2H. Consideration of approving a contract with All Seasons Garage Door for the replacement of a garage door at the Wastewater Treatment Plant in the amount of $30,315 Prepared by: Meeting Date: ® Consent Agenda Item Facilities Maintenance Manager 1/27/2025 g El Regular Agenda Item Reviewed by: Approved by: Public Works Director/City Engineer, City Administrator Finance Director ACTION REQUESTED Motion to approve a contract with All Seasons Garage Door for the replacement of a garage door at Wastewater Treatment Plant in the amount of $30,315. REFERENCE AND BACKGROUND The garage door for the compressor building at the Wastewater Treatment Plant failed from normal wear and tear, and it needs replacement. Three quotes were received for the replacement of the door ranging in price from $30,315 to $31,995. All Seasons Garage Door was the low bid at $30,315, and staff recommend moving forward with this project. I. Budget Impact: The wastewater treatment plant budget includes costs for facility and equipment replacement, and those funds would be utilized for this project. II. Staff Workload Impact: Facilities Staff will coordinate the replacement. III. Comprehensive Plan Impact: N/A STAFF RE COMMENDED ACTION City staff recommends the approval of the replacement of the garage door. SUPPORTING DATA • Quotes 1 2H. (1) CITY OF MONTICELLO VERBAL/ WRITTEN QUOTE SUMMARY SHEET Minimum 2 verbal or written quotes required for hems/services costing at least S1,000 bur less than $2,500. Minimum 3 written quotes required for items/services costing at least $2,500 but less than S10,000. No Quotes are required for items purchased through state cooperative purchasing venture. Use this form to summarize quotes received and to select vendor for award. Name: Dan Halverson D Facilities Phone:612-757-0063 Signature of Person Obtaining Quotes: Item/Service Requested: Replacement rage door at the WWTP Note: If you are unable to obtain required number of quotes, provide an explanation below in notes/comments. # Date Vendor Name ' Contact Person I Phone Number Total $ Amount Quoted 1 12/2/2024 All Seasons Garage Door Josh Labelle'763-755-0210 $30,315.00 2 12/6/2024 GDS Garage Door Store Tim Deters 320-251-7000 $31,300.00 3 1 /9/2024 Action Garage Door 4 5 Chris Hasser 763-767-3000 $31,995.00 Sr)ected Vendor:All Seasons Garage Door (If you are selecting other than low quote, you are required to provide written justification as to why low quote was not selected in the notes/comments section): Notes/comments: Approval Acknowledgement: Date: Attach this form and written quotes obtained to invoice. Questions may be directed to the Finance Department. (bole Summary Sheer I0-271,'2015 2H. (2) ESTIMATE #141590 ESTIMATE DATE Dec 2, 2024 •r.iei BIG • Z TOTAL $30.315.00 All Seasons Garage Door Co Monticello Waste Water Treatment Plant 1401 Hart Blvd Monticello, MN 55362 % (612) 757-0063 p Dan.halverson@ci.monticello.mn.us ESTIMATE 14161 Basalt St. NW Ramsey, MN 55303 (763) 755-0210 p service@alIseasonsgaragedoor.com - - SCOPE OF WORK $u.uu $0.00 We will be installing a new commercial rolling steel door and motor. Haul away and disposal of the old door and motor is included. Any needed electrical work is to be completed by others. Misc Part - Comm -Parts 1.0 $30,140.00 $30,140.00 Commercial Door Make: Clopay Model: CESD20 Size: 12'0" x 138" Style: 24 Gauge Rolling Steel Color: Powder Coat - TBD Windows: 3 Rows Of Vision Slats Operation: Electric Motor Power: 120v 1 Phase Safety: Sensing Edge Equipment - Lift Charge 1.0 $175.00 $175.00 Scissor Lift - - Requirements 1.0 $0.00 $0.00 -Due to steel price instability prices are subject to change at any time. -Prices reflect cash/check payment. -Credit card payment are subject 3,95% Processing Fee. -Concrete floors must be poured -Opening must be properly framed to the correct dimensions -50% down payment required on special order products -Work is performed Monday -Friday between the business hours of 8am-4pm All Seasons Garage Door Co BC638424 http://allseasonsgaragedoor.com 1 of 2 2H. (3) Services subtotal: $30,315.00 Install Line Items - JJL Josh LaBelle josh@allseasonsgaragedoor.com cell :612-357-1640 - - Service Information Call in AM with time. Name: Dan Halverson Email: dan.halversonC@ci.monticello.mn.us Phone: 612-757-0063 THANK YOU FOR YOUR BUSINESS! 1.0 $0.00 $0.00 1.0 $0.00 $0.00 Materials subtotal: $0.00 Subtotal $30,315.00 Tax (MN Sales Tax $0.00 8.125%) Total $305315.00 Overhead doors and openers are very dangerous and could cause injury or death. We ask that special attention be given to all warning labels and safety information posted on all doors or near wall control button. All Service Labor performed by All Seasons Garage Door Company is warranted for 60 days or as otherwise indicated in writing. All Seasons Garage Door Co ; BC638424 http:.iallseasonsgaragedoor.com 2 of 2 2H. (4) OCHS > GARAGE DOOR STORE POWERED B'r'AN GROUP BILL TO City of Monticello 505 Walnut Street #Suite 1 Monticello, MN 55362 United States ESTIMATE 397783846 JOB ADDRESS Job: Monticello WWTP 1401 Hart Blvd Monticello, MN 55362 United States SERVICE DESCRIPTION Furnish and 1 - 12'2"X13'8" COOKSON MODEL ESD20, INSULATED COILING DOOR Install CUSTOM POWDER COAT GREEN COLOR MOUNTED ON EXTERIOR OF BUILDING SLOPED HOOD, MOTOR COVER, END COVER COOKSON SGHN4 MOTOR OPERATOR, 120V/1PH NEMA4 RATED MOTOR FOR EXTERIOR CONDITIONS PHOTO EYE SAFETY REVERSE REMOVE AND DISPOSE OF EXISTING DOOR ALL ELECTRICAL WIRING BY OTHERS ALL TAX, MATERIAL AND LABOR INCLUDED Garage Door Store 900 W. Division Street Waite Park, MN 56387 (320)251.7000 gds-service@gdsmidwest.us CITY PRICE TOTAL 1.00 $31.300.00 $31,300.00 SUB -TOTAL $31,300.00 TAX $0.00 TOTAL $31,300.00 Thank you for your business! CUSTOMER AUTHORIZATION THIS IS AN ESTIMATE, NOT A CONTRACT FOR SERVICES. The summary above is furnished by Garage Door Store as a good faith estimate of work to be performed at the location described above and is based on our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen problems arise after the Estimate #397783846 Page 1 of 2 2H. (5) �f 1308 113th Ave NEI O actionov �r �E'r�erh ad com OVERHEAD GARAGE DOOR (763) 767-3000 Proposal valid for r) days. Email Name _ f Address City State Zip G.,14,'Cv Contractor • Voted "Best Garage Door Company" • "Super Service Award" Winner • Fast, professional repairs and installs • Quality products, excellent service Locally/Family Owned Since 1985. • Installation by Company Employees. Phone H Cell _ _ Source HR — _ __ _ Lock - Stop _ Ceiling Hgt .- _ Jamb Mtl. Arched ❑ 45° ❑ RRP pamphlet to House Built 1978: ❑ Yes U No Age of door: _ _ Type of door. El wood U steel Condition of existing paint: i-1 intact Packing Before x / `/ Model da- c�aaa $ c2G,ovs Q `a x Model i 1 � GO� _-_ �❑ $ J l r 137nS^ - - x Model C-ic-u-, E>< ri c)rr �n t $— — x - Model C E� r —T-* M.-IcG. bp-cke P-- t r cat e r r C Y, ❑ Short Panel ❑ Long Panel L� Flush ❑ Carriage ❑ Short Panel ❑ Long Panel ❑ Flush ❑ Carriage Windows: STD _ Ins. Glass Designer _ _ Windows STD Ins. Glass Designer Style $ $ _ Style _-_- $ $ 30,000 Cycle Powder Coat $ __ _ 30,000 Cycle Powder Coat $ Windload Reinforcement is included on All Doors Windload Reinforcement is included on All Doors Removal of Fxisting Door Disposal of Existing Door Total Opener Remote _- Rec/Test Ke ss_- Emer`genccv Dis Opener Mutt _ Removal of Fxisting Door Disposal of Existing Door Total Opener __- Remote $ Key�ss_ , Emergency Dir. _ $ RecrTest Opener Mutt $ __ Fuel Surcharge $ Fuel Surcharge Total $ (�ck , U l 5 Total $3),17cr�___- llli_✓ac{��I-i��C.ISJ /`C� Cx— A_ c2 i �1 IS -a r k_ I �'+ ---, � NOTE: If your city requires a building permit that cost is not included in this estimate. GGD-40-2 If lead safe renovation is required that cost Is not included In this estimate. Please be aware that due to the variables of weather, illness, family emergencies, vehicle breakdowns, etc., we will make every effort to accommodate your schedule and provide service on the designated date. however, re -scheduling is sometimes unavoidable. Thank you for your understanding. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be due in full upon completion. If you give us a credit card for a deposit we will charge the final payment on it unless you provide a difforent form of payment. Interest on unpaid invoices will be 1-1/2% per month. Any person or company supplying labor or materials for this improvement may file a lien against your property if that person or company is not paid for their contributions. 3% service charge will be added to all credit card transactions to cover card costs. Date of Acceptance Signature City Council Agenda: 1/27/2025 21. Consideration of adopting Resolution 2025-10 for public right-of-wav acquisition for the Golf Course Road Trail Project Prepared by: Meeting Date: ❑ Regular Agenda Item Public Works Director/City Engineer 1/27/2025 ® Consent Agenda Item Reviewed by: Approved by: Finance Director City Administrator ACTION REQUESTED Motion to approve Resolution 2025-10 for public right-of-way acquisition for the Golf Course Road Trail Project. PREVIOUS COUNCIL ACTION December 12, 2022: Adopted Resolution 2022-136 authorizing submission of Transportation Alternatives (TA) grant application and Resolution 2022-137 authorizing maintenance of constructed improvements. November 27, 2023: Approved a contract with Stonebrooke Engineering, Inc. for CSAH 39 Trail Improvements in the amount of $285,200. REFERENCE AND BACKGROUND The City of Monticello has been seeking grant funds to construct high -priority improvements identified in the 2019 Safe Routes to School (SRTS) Plan. The grants are crucial for completing these impactful safety improvements, but they result in additional federal and/or state requirements to maintain eligibility and receive the funds. To satisfy applicable requirements for the Golf Course Road Trail Improvements, staff requests City Council consider contingency planning to meet a critical project deadline. Monticello was awarded $800,000 through a Transportation Alternatives (TA) grant to construct a pathway section along the north side of Golf Course Road/CSAH 39 between Elm Street and Chelsea Road. The scope was later reduced to the section between Elm Street and 7tn Street to due bridge improvements that would be required if the pathway crossed 1-94 to get to Chelsea Road. MnDOT approved the change in scope and allowed Monticello to maintain the full funding level split between Fiscal Year (FY) 2025 ($558,488) and FY 2026 ($241,512). Also impacting the scope of this project was an update to Wright County's Transportation Plan which now shows this section of Golf Course Road/CSAH 39 being converted into a 3-lane section that includes a center two-way left turn lane. This turn lane will allow safer access to City Council Agenda: 1/27/2025 the commercial and residential driveways located along the roadway corridor. However, the addition of the two-way left turn lane resulted in the need for acquiring additional right-of-way to accommodate the pathway. Right-of-way acquisition is required from five parcels. In August 2024, the City contracted with Evergreen Land Services to complete Minimum Damage Acquisition (MDA) summaries which are allowed to be used for acquisitions under $25,000 with federal funding. When MDAs were completed in December, two parcel acquisition amounts were over the $25,000 threshold. As a result, the City Attorney recommended full appraisals for all five parcels. The full appraisals resulted in adjusted acquisition amounts ranging from $2,300 to $25,900 for a total acquisition cost of $73,100 for the five parcels. The acquisitions need to be completed this spring to allow the project to receive MnDOT approval for construction authorization by June 1, a requirement for the project's federal funding. Evergreen Land Services will continue their work to acquire the right-of-way needed, but if City Council wants to ensure the project can proceed on the required timeline, eminent domain is the alternative option. However, the timeline for using eminent domain necessitates Council to authorize its use as soon as possible to complete the process prior to the June 1 deadline for construction authorization. Staff and project consultants will continue to seek acquisition without use of eminent domain, but Council authorization maintains its use as a contingency if needed. Alternatively, City Council has the option to decline the use of eminent domain for this project. If right-of-way cannot be acquired from the five properties, the grant funding would be returned to MnDOT and Monticello would not proceed with construction. The project would remain part of the SRTS Plan and would likely be added to the Capital Improvement Plan for future completion at the City's cost. Currently, Evergreen Land Services has received responses from two of the five property owners for the right-of-way purchase. With the completion of the appraisals, formal offers are being sent out. Staff and the acquisition consultant will continue to reach out to property owners to reach an agreement for the acquisition with the goal of securing easements without the use of eminent domain. Budget Impact: The 2025 Budget includes $1,600,000 for this project. A 95% construction cost estimate is anticipated soon, 30% construction cost estimate was $1, 291,800. II. Staff Workload Impact: Staff will be involved throughout the process. Staff will take more of an active role in right-of-way acquisition which is expected at approximately 40 hours. City Council Agenda: 1/27/2025 III. Comprehensive Plan Impact: The 2040 Comprehensive Plan highlights the importance of the pathway and trail system with a goal to have a complete and connected system of pathways, trails and sidewalks. This pathway will provide a connection to the downtown pathway system along Elm Street to 7th Street and will also complete the first phase of a pathway connection to the Bertram Chain of Lakes Regional Park. STAFF RECOMMENDED ACTION Staff support the construction of the pathway along this section of roadway as part of the SRTS Plan and building a connected community as outlined in the Comprehensive Plan. In addition, the grant funding is a valuable resource to supplement local funding. Maintaining the option of eminent domain assures the project can be completed; however, Council can decline to use this tool, and staff will pursue other options. SUPPORTING DATA • Resolution 2025-10 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA DATE: RESOLUTION NO: 2025-10 MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Monticello does hereby determine that it is necessary and for a public use and purpose to acquire temporary and permanent easements over the property legally described on the attached Exhibit "A", subject to engineering modifications, if any, for purposes in connection with the Golf Course Road Trail Project; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements; and WHEREAS, the City Council finds that construction timing makes it necessary to acquire the necessary easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements over the property identified on the attached Exhibit "A", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and City Clerk are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City has obtained appraisals of the property being acquired. The Council authorizes the City Engineer to approve the appraisals and staff to negotiate with the property owners relating to the acquisition of the property and to acquire the property. 234352v2 PASSED AND ADOPTED this 271" day of January, 2025, by the City Council of Monticello, Minnesota. CITY OF MONTICELLO BY: Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk 234352v2 City Council Agenda: 1/27/2025 2J. Consideration of approving a Therapeutic Massage Enterprise license for Breanna Kramber to be located within Amelia Grace Salon at 543 Walnut Street Prepared by: Meeting Date: ® Consent Agenda Item City Clerk Reviewed by: N/A ACTION REQUESTED 1/27/2025 Approved by: City Administrator ❑ Regular Agenda Item Motion to approve the Therapeutic Massage Enterprise license for Breanna Kramber to be located within Amelia Grace Salon at 543 Walnut Street pending a favorable inspection by the Building Department. REFERENCE AND BACKGROUND The City received an application for a Therapeutic Massage Enterprise license from Breanna Kramber, who will be renting a room within Amelia Grace Salon and operating as the sole massage therapist. She has submitted the application, payment, license fee, background information and release form, certificate of workers compensation insurance and/or liability insurance. In addition, the education component of the application has been verified to be an accredited school. The applicant still requires an inspection of the space by the City's Building Department. This will be completed before a license is issued. If the City Council denies a license, findings of fact on the denial will need to be provided. Budget Impact: N/A II. Staff Workload Impact: Staff time for review of the application based on the requirements of the ordinance. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of the Therapeutic Massage Enterprise license for Breanna Kramber contingent on a favorable site inspection and receipt of a change in use form. SUPPORTING DATA • Application 1 Cliv 0 Of ._ Ack M ontlice-o APPLICATION FOR 2023-2024 THERAPEUTIC MASSAGE ENTERPRISE LICENSE Date: i - N - Z6 Application is hereby submitted for a Therapeutic Massage Establishment License within the City of Monticello, in accordance with the Ordinance of said City regulating the same. Enclose with the application: • The license fee of $100 + S50 per Massage Therapist (a separate application must be submitted for each therapist) • A completed and signed "background check authorization" form and copy of driver's license • A certificate of workers' comp. insurance or company name & policy # N jfk , re \G (if applicable) e,` "V\ove� • A certificate of liability insurance 1. FULL Name of Business: 1gY1nP w O Ytl u U\mc1 2. Check 0ndividua' 1 Corporation Partnership Other 3. Address of the Business to be Licensed: F 3 4. Business Phone Number(s): 5, Minnesota Tax Identification No.: 6. Federal Tax identification No. t41* 7. Manager or Owner's FULL Name: _1flffiAnk, \<00\ \i\Q1, M Last First MI 8. Manager or Owner's Date of Birth: _m40 � \0t4)1/ 9. Manager of Owner's Place of Birth: Ch\A��OW) , Mtn lfanplicant is different from AfanaeerlProprieior, please fill out O's 11 throituh 15 10. Applicant's Full Name: VPOW M, ,ER. �)\Q-c P\0 0 IP( M Last first MI 1 1. Applicant's Phone N 12. Applicant's Email A 13. Applicant's Dome A, 14. Applicant's Date of I 15. Applicant's Place of Birth: , Mtn 16. Is Applicant, or has Applicant been known by a name other than the current true legal name, and if so, what name(s), when, and in what capacity or place was such a name used. M 17. Are you a U.S. Citizen or resident alien or has the legal authority to work in the United States? 18. The name and street address 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 certificate as required by Minnesota Statues, Section 333.02. VAIN 19. Applicant's Position with Company: �Q.\F 1/y��\�ue� �� )MylY ILCbfJ 20. List the type, name, and location of every business or occupation Applicant has been engaged in during the preceding rive years. 1 I► � h � iY.f � 1 i �i � 1� 11 � 11 . A ► \I � l� � � -[l,1(, py \ 21. Does Applicant have any training or experience in performing massage services, including any certification, degrees, diplomas, or educational courseworh. 22. Full Name of Owner of Premises: `,\ CR \1 fnv\&uZY.o0\ 23. Address of Owner of Premises: (If different from applicant): 24. Owners Phone Number (If different from applicant): 25. Amount of Investment (buildings, fixtures, furniture, etc): 26. If partnership, state names and addresses of all partners. Include a copy of the Partnership Agreement. -1� I'k 27. If corporation, state names, addresses and birthdates of all officers and directors. Include a copy of the Articles of Incorporation and Secretary of State's Certificate of Good Standing. Ordinance doesn't require this? N I'Qr No other persons than those named in this application have any interest in the management and control (?f such business. �o� Sep\�n� ory<mry 28. Description of services to be provided and of goods, if any, to be sold: LlkV11 es nuaY1dAn"nk, I SW PMQNA ,Ai�TtmiL- -�� 1bi—�dd2�Y4�.,._�1�Q.SLL�.�11� ,.__S�Y�t"'M•c/`��S_t (W C ctM 29. Business Hours of Operation: Mm� 3 -b. TUe 3 t� , YVed 11 nNvz 3 4� . - N \A 1 30. Other communities where licenses are or have been held: R\A FWllo , "tJ 31. Has Applicant previously been denied a license to perform massage services, or had a license revoked or suspended, and, if so, the circumstances of such denial, revocation, or suspension. DLO 32. List below as to whether, within the preceding five (5) years, the applicant, and/or owner of the business has been convicted of any crime relating to theft, damage or trespass to property, sale of a controlled substance, or the operation of business; the nature of any such offense and the penalty assessed. n0 33. The names, residences and/or business addresses of three (3) persons, residents of the State of Minnesota of good moral character, not related to the Applicant or financially interested in the licensee's premises who may be referred as to the Applicant's character, or in the case where informa' � k(ICIe/ M&v►e) r,ovrin 34. Do you reside is Monticello and have your home as a base for your business: Yes No DAT.9 PRAC'TICLS ADVISORl'. The Tutu supplied in this application ►till he used to assess the qualirctttiotrs for tt license. Thisdata is not legally required but theCit.v ►till not he able io grant the license irithout it. If'a license is granted, the data ~till constirute a public record. I hereby certify that the foregoing statements are true and correct to the best of my knowledge and that the giving of false infonnation or the failure to give pertinent infonuation constitutes cause for revocation of this permit. Further, I agree to comply with all the provisions of the ordinance under which this license is granted. Applicant's Signature: NJ AN1h IAJ f&MA LMWW Date: -immN Return completed application and requested information along with the fee to: Jennifer Schreiber, City Clerk, City of Monticello, 505 Walnut Street, Monticello, MN 55362 Phone: 763-271-3204 Approved by/Date Make check or money order payable to "City of Monticello" OFFICE USE OAT Y This license will expire on June 30, 2025 City Council Agenda: 1/27/2025 3A. PUBLIC HEARING - Consideration of adopting Resolution 2025-11 Approving Amendments to the Revenue Notes (Swan River Montessori Charter School Proiect), Series 2017A and Series 2017B and Authorizing the Reissuance Thereof Prepared by: Meeting Date: ❑ Consent Agenda Item Finance Director 1/27/2025 ® PH Agenda Item Reviewed by: City Bond Counsel ACTION REQUESTED Approved by: City Administrator ❑ Regular Agenda Item Motion to adopt Resolution 2025-11 Approving Amendments to the Revenue Notes (Swan River Montessori Charter School Project), Series 2017A and Series 2017B and Authorizing the Reissuance Thereof. REFERENCE AND BACKGROUND July 10, 2017: Adopted Resolution 2017-38 authorizing the issuance, sale and delivery of revenue Notes and approving the form of and authorizing the execution and delivery of the Notes and related documents for the SRCS Building Company (Swan River Montessori Charter School) REFERENCE AND BACKGROUND In 2017, the City issued conduit revenue bonds for SRCS Building Company (lessor to Swan River Montessori Charter School) through Sherburne State Bank. Under the Internal Revenue Code of 1986, conduit revenue bonds or notes give the borrower access to tax exempt financing, so the borrower realizes lower interest costs and the issuers achieve a public purpose, in this case the preservation of existing educational facilities. This reduced borrowing cost enables nonprofit entities to provide their services more cost effectively. Conduit financing is a common means of obtaining necessary financing for all nonprofit entities and supports projects such as schools, hospitals, universities, and affordable housing. The SRCS Building Company used the proceeds of the Series 2017A and 2017B Notes (the "2017 Notes") to • refinance the acquisition, renovation, construction, and equipping of the school facilities • finance certain capital improvements to school facilities • pay the costs of issuance of the notes City Council Agenda: 1/27/2025 The Borrower has requested certain amendments to the 2017 Notes including an interest rate adjustment in the Borrower's repayment to Sherburne State Bank. The amendments to the 2017 Notes are considered a "reissuance" under the Tax Code and are treated as a refunding for tax purposes requiring that the city hold a new public hearing As conduit revenue bonds, the Series 2017A and 2017B Notes, which mature in 2037, do not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreement) and are not secured by any taxing power of the City. The 2017 Notes are payable solely from revenues and security provided by SRCS Building Company. The amendment will apply toward the City's $10 million allowable bank qualified debt issuance in calendar year 2025; however, the City does not plan to issue any other debt during the year, so there is no impact to the City. Additionally, the City is required by the Governmental Accounting Standards Board (GASB) to include a footnote within the annual audited financial statements disclosing the existence, nature, and outstanding balance of the notes on December 31. Budget Impact: None. All costs of the amendment are paid for by the Borrower (Swan River). II. Staff Impact: N/A III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommend adoption of Resolution 2025-11 approving Amendments to the Revenue Notes (Swan River Montessori Charter School Project), Series 2017A and Series 2017B and Authorizing the Reissuance Thereof. SUPPORTING DATA A. Bond Counsel Letter Re: Resolution approving the reissuance of the conduit revenue notes issued for the benefit of Swan River Montessori Charter School B. Amended and Restated Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017A C. Amended and Restated Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017B D. Draft Resolution 2025-11 3A. (1) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 • (612) 337-9300 telephone (612) 337-9310 fax • www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer C H A R T E R E D GINA FIORINI Attorney at Law Direct Dial (612) 337-9210 Email: gfiorini@kennedy-graven.com January 21, 2025 Sarah Rathlisberger, Finance Director City of Monticello 505 Walnut Street Monticello, MN 55362 Re: Resolution approving the reissuance of the conduit revenue notes issued for the benefit of Swan River Montessori Charter School Dear Sarah, On October 2, 2017, the City of Monticello (the "City") issued its Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017A (the "Series 2017A Note"), in the original aggregate principal amount of $1,000,000 and its Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017B (the "Series 2017B Note," and together with the Series 2017A Note, the "2017 Notes"). The City loaned the proceeds of the Series 2017 Notes to SRCS Building Company, a Minnesota nonprofit corporation (the `Borrower"), pursuant to a Loan Agreement, dated as of October 2, 2017 (the "Loan Agreement"), between the City and the Borrower, to redeem and prepay outstanding taxable debt of the Borrower which previously financed the acquisition, renovation, construction and equipping of the public charter school buildings and related facilities located 500 and 503 Maple Street in the City (the "Project"). The Project is owned by the Borrower and is leased to Swan River Montessori Charter School, a Minnesota nonprofit corporation. The Series 2017 Notes were sold to Sherburne State Bank, a Minnesota banking corporation (the "Lender"). The City assigned its interest in the Loan Agreement (except certain reserved rights) to the Lender pursuant to an Assignment of Loan Agreement, dated as of October 2, 2017, between the Issuer, the Company, and the Lender. In addition, the Series 2017A Notes are secured by (i) a Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statement, dated as of October 2, 2017, by the Company in favor of the Lender relating to the Series 2017A Note; (ii) a Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statement, dated as of October 2, 2017, by the Company in favor of the Lender relating to the Series 2017B Note; (iii) an Assignment of Lease, dated October 2, 2017, from the Company to the Lender and consented to by the School; (iv) a Pledge and Covenant Agreement, dated as of October 2, 2017, between the School and the Lender; and (v) a Guaranty, dated October 2, 2017, by the School in favor of Lender. The Lender has agreed to amend certain terms of the Series 2017 Notes for the benefit of the Borrower, including changes to the interest rate on the Series 2017 Notes. Such amendments are considered to be a significant modification of the Series 2017 Notes and will result in a "reissuance" of the Series 2017 Notes for tax purposes pursuant to Section 1.1001-3 of the Treasury Regulations promulgated under the MN 190-182-1002130.v 1 3A. (2) Internal Revenue Code of 1986, as amended (the "Code"). For tax purposes, the Series 2017 Notes will be treated as being refunded on the effective date of the amendments. In accordance with Section 147(f) of the Code, the City is required to hold a public hearing to approve the reissuance of the Series 2017 Notes. Enclosed is a resolution to be considered by the City Council following the public hearing on January 27, 2025. The resolution approves the amendments to the Series 2017 Notes and the reissuance of the Series 2017 Notes as well as the execution and delivery of amended and restated forms of the Series 2017 Notes, incorporating the amendments, and an information return to be filed with the Internal Revenue Service for Series 2017 Notes. The Series 2017 Notes are proposed to be reissued as a tax-exempt obligation, the interest on which is not includable in gross income for federal income tax purposes. Tax-exempt obligations are usually not eligible for purchase by banks and other financial institutions, but Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), permits each issuer of tax-exempt obligations to designate up to $10,000,000 of tax-exempt bonds as "qualified tax-exempt obligations" (sometimes referred to as "bank -qualified bonds") that are eligible for purchase by banks and other financial institutions. In order to issue bank -qualified bonds, the issuer must not expect to issue more than $10,000,000 of bonds (other than private activity bonds that are not qualified 501(c)(3) bonds) in a calendar year. The Borrower has requested that the City designate the reissued Series 2017 Notes as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Code. The Series 2017 Notes, when reissued, will count towards the $10,000,000 of bank -qualified bonds the City may issue in 2025. The Series 2017 Notes are conduit revenue bonds and will continue to be secured solely by the revenues derived from the Loan Agreement and from other security originally provided by the Borrower in connection with the original issuance of the Series 2017 Notes. The Series 2017 Notes will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by any taxing power of the City. The Series 2017 Notes will not be subject to any debt limitation imposed on the City and will not impact the City's credit rating. Under the terms of the Loan Agreement, the Company will pay all of the City's fees and expenses. Please contact me with any questions you may have prior to the City Council meeting. KENNEDY & GRAVEN, CHARTERED Gina Fiorini iTUMINrM1110AUci11Mi 3A. (3) 3A. (4) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO Amended and Restated Educational Facilities Revenue Note (Swan River Montessori Charter School Project) Series 2017A Original Issue Date: October 2, 2017 Original Date of Issuance: October 2, 2017 Original Principal Amount: $1,000,000 Date of Modification: , 2025 Outstanding Principal Amount as of Date of Modification: $ Final Maturity Date: September 20, 2037 FOR VALUE RECEIVED the City of Monticello, Wright County, Minnesota (the "Issuer"), hereby promises to pay to the order of Sherburne State Bank, a Minnesota banking corporation, in Minneapolis, Minnesota, its successors or registered assigns (the "Lender"), from the source and in the manner hereinafter provided, the principal sum of ONE MILLION DOLLARS ($1,000,000), or so much thereof as has been advanced and remains unpaid from time to time (the "Principal Balance"), with interest thereon from the date hereof until paid or otherwise discharged as set forth in Section 1 below, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. Principal of and interest on this Note shall be paid to the Lender commencing on October 20, 2017 and shall be paid on the 20t1i day of each month thereafter until September 20, 2037 (the "Maturity Date") in such amounts as are required to fully amortize the Note, together with accrued interest thereon at the interest rate then in effect, over the remaining term of this Note. Payments made with respect to this Note shall be applied first to amounts due and owing to the Lender which are neither principal nor interest, next to interest due, and thereafter to reduction of the principal balance of the Note. 2. Commencing on the date of this Note and continuing through 20, 2030 (the "First Adjustment Date") interest shall accrue at a rate of 5.25% per annum. 3. On the First Adjustment Date, the interest rate on this Note shall be adjusted and interest shall accrue on this Note from and after the First Adjustment Date until October 20, 20_ (the "Second Adjustment Date" and hereinafter, the First Adjustment Date and the Second Adjustment are each an "Adjustment Date") at a rate per annum equal to the Prime Rate minus fifty basis points (.50%) (the "Interest Rate Formula"). For purposes hereof, the term "Prime Rate" means that rate of interest publicly announced in the Wall Street Journal as the "Prime Rate," as the same may change from time to time. If the "Prime Rate" is not published by the Wall Street Journal on the Business Day prior to the Adjustment Date, then a comparable interest rate selected by the Lender and available on the Business Day prior to the Adjustment Date. J �f013F S1111MO�i!�+fr] 3A. (5) 4. On the Second Adjustment Date, the interest rate on this Note shall be adjusted and interest shall accrue on this Note from and after the Second Adjustment Date until the Maturity Date at a rate per annum equal to the Interest Rate Formula. 5. All adjustments to the interest rate of this Note shall be made and become effective as of each Adjustment Date and the interest rate as adjusted shall remain in effect through and including the day immediately preceding the Adjustment Date or the Maturity Date, as applicable. On the First Adjustment Date and the Second Adjustment Date, the monthly payments of principal and interest shall be recomputed so that the monthly payments are sufficient to fully amortize this Note over the remaining term of this Note. 6. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon prepayment, or otherwise. Interest shall be computed on 360/365 basis (that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the actual number of days the principal balance is outstanding). 7. Any monthly payment of principal or interest not made within ten (10) days of the due date shall be subject to a late payment fee equal to five percent (5%) of the monthly payment (including any final payment). The late payment fees shall apply individually to all payments past due. This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other rights the Lender may have, including the right to declare the entire unpaid principal and interest immediately due and payable. 8. Upon the occurrence of an Event of Default and irrespective of whether Lender exercises its option to accelerate the maturity of this Note by reason of such Event of Default, or if all advances made by the Lender and all interest accrued thereon, have not been paid on or before the Maturity Date, all amounts due under this Note shall thereafter bear interest while such default continues at the rate of eighteen percent (18.00%) per annum greater than the then current interest rate. No delay or omission on the part of the Lender in exercising any right hereunder or under any other instrument now or hereafter given to evidence or secure the indebtedness evidenced hereby, shall operate as a waiver of such right, or any other right hereunder, or under any of said agreements. 9. All payments and prepayments made hereon shall, at the option of the Lender, be applied in the following order: (i) to any costs of collection; (ii) to any late payment fees and service charges; (iii) to any prepayment premium; (iv) to accrued interest on this Note (including any default interest); and (v) to reduction of the Principal Balance. If any advances made by the Lender due to the occurrence of an Event of Default hereunder or under the terms of any instrument securing the Note are not repaid on demand, any moneys received, at the option of the Lender, may first be applied to repay such advances and the balance, if any, shall be applied on account of any installments then due. 10. Principal and interest and premium, if any, due hereunder shall be payable at the office of the Lender as set forth in the attached Note register, or at such other place as the Lender may designate in writing. 11. This Note was issued by the Issuer, along with the proceeds of the Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017B (the "Series 2017B Note"), dated October 2, 2017, issued by the Issuer in the original aggregate principal amount of $1,225,000, to provide funds pursuant to a Loan Agreement, dated October 2, 2017 (the "Loan Agreement"), between the Issuer and SRCS Building Company, a Minnesota nonprofit corporation (the "Company"), for a project, as defined in Minnesota Statutes, Section 469.153, subdivision 2(b). The proceeds of the Notes will be used for the purposes of (i) redeeming and prepaying outstanding taxable debt of the Company which previously financed the acquisition, renovation, construction and equipping of the public charter school buildings and 2 MN 190-182-1002439.v2 3A. (6) related facilities located at 500 and 503 Maple Street in the City of Monticello, Minnesota (the "Bond Financed Facilities"); (ii) financing certain capital improvements to the Bond Financed Facilities; and (iii) paying a portion of the costs of issuance of Notes. The School Facilities will be owned by the Company and will be leased to the Swan River Montessori Charter School, a Minnesota nonprofit corporation (the "School"), for the operation of an elementary school. This Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152 through 469.1655, as amended, and pursuant to a resolution adopted by the City Council of the Issuer on July 10, 2017 (the "Resolution"). 12. The loan repayments to be made by the Company under the Loan Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on this Note when due. The City will assign its rights to the basic payments and certain other rights under the Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement, to be dated October 2, 2017 (the "Assignment of Loan Agreement"), between the City, the Company, and the Lender. The Company's obligation to make loan repayments on the Series 2017A Note under the Loan Agreement will be secured by: (i) Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statement, dated October 2, 2017 (the "Mortgage") relating to the Series 2017A Note; (ii) an Assignment of Lease, dated October 2, 2017 (the "Assignment of Lease"), from the Company to the Lender and consented to by the School; and (iii) a Pledge and Covenant Agreement, dated October 2, 2017 (the "School Pledge Agreement"), between the School and the Lender. (The Loan Agreement, Mortgage, Assignment of Lease and School Pledge Agreement are from time to time referred to herein individually as a "Loan Document" and collectively as the "Loan Documents.") 13. The Issuer, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and/or principal of or any service charge or premium due on this Note, including the Maturity Date, or release any part or parts of the property and interest subject to the Mortgage or to any other security document from the same, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the federal or state income tax. In no event, however, may the Maturity Date of the Note be extended beyond thirty (30) years from the date hereof. 14. Subject to the limitations in this Section, this Note is subject to prepayment in whole or in part in immediately available funds on any date at the option of the Company. To exercise this option, the Company must give written notice in the name of the Issuer to the Lender not less than thirty (30) days prior to the date fixed for prepayment; provided that the Lender may waive or provide alternative notice requirements, no more restrictive than those set forth above. At the date fixed for prepayment, funds must be paid to the Lender at its registered address. If the Principal Balance of the Note is reduced by prepayment from monies from the Company's excess cash, the prepayment price is equal to the outstanding Principal Balance of this Note to be prepaid plus accrued interest; and without prepayment penalty; provided, however, that if the prepayment of this Note is made from the proceeds of a loan from a financial institution other than the Lender, the prepayment price shall include a penalty equal to 1.00% of the outstanding Principal Balance of the Note to be refinanced will be required. In the event of any partial prepayment of this Note, the Lender shall apply any such prepayment in the order described in Section 6 hereof. Except as provided in this Section, the monthly payments due under Section 3 hereof shall continue to be due and payable in full until the entire Principal Balance, accrued interest and any premium due on this Note have been paid. 15. Upon a Determination of Taxability, as defined in the Loan Agreement, this Note shall convert to a taxable obligation and the interest rate for interest accruing from the Date of Taxability, as u11HL'Z13F SIGIMMY-12 d 3A. (7) defined in the Loan Agreement, shall be adjusted to the then coupon rate multiplied by 1.50 (the "Taxable Rate"). Any interest accruing from the Date of Taxability which is due as a result of the retroactive interest rate adjustment shall be payable on the first day of the following month along with the regularly scheduled principal payment and interest accruing from the previous payment date at the Taxable Rate. 16. Subject to certain limitations set forth herein, this Note is only transferable upon the books of the Issuer at the office of the City Administrator, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Administrator will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The Issuer may deem and treat the person in whose name the Note is last registered upon the books of the Issuer with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the Issuer shall not be affected by any notice to the contrary. ifl�YaLverellIIa:/:`, 2NRM IJaDIIMh111II[f11111■.11= L11IM."IIM098121RJ91 M 3 KIN 1NKS]:1 FEDERAL OR OTHER SECURITIES LAWS, PURSUANT TO AN EXEMPTION FOR SUCH ISSUANCE; AND ACCORDINGLY THIS NOTE MAY NOT BE ASSIGNED OR TRANSFERRED IN WHOLE OR PART, NOR MAY A PARTICIPATION INTEREST IN THIS NOTE BE GIVEN PURSUANT TO ANY PARTICIPATION AGREEMENT, EXCEPT TO ANOTHER "ACCREDITED INVESTOR" OR "FINANCIAL INSTITUTION" IN ACCORDANCE WITH AN APPLICABLE EXEMPTION FROM SUCH REGISTRATION REQUIREMENTS AND WITH FULL AND ACCURATE DISCLOSURE OF ALL MATERIAL FACTS TO THE PROSPECTIVE PURCHASER(S) OR TRANSFEREE(S). 18. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution and the Loan Documents are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 19. This Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Documents and do not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the Issuer or any of its officers, agents or employees, and no Lender of this Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay this Note or the interest thereon, or to enforce payment thereof against any property of the Issuer, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, and the agreement of the Issuer to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 20. If an Event of Default (as that term is defined in any Loan Document) shall occur, then the Lender shall have the right and option, among other things, to declare the Principal Balance and accrued interest thereon immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Documents. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 4 MN 190-182-1002439.v2 3A. (8) 21. The remedies of the Lender, as provided herein and in the Loan Documents and the Assignment of Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 22. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 23. This Note is a "qualified tax-exempt obligation" under Section 265(b) of the Internal Revenue Code of 1986, as amended. 24. This Amended and Restated Educational Facilities Revenue Note, Series 2017A (i) amends and restates that certain Educational Facilities Revenue Note, Series 2017BAdated October 2, 2017 (the "Original Note"), (ii) evidences the same indebtedness as the Original Note and (iii) does not constitute a novation of the Original Note or the indebtedness evidenced thereby. All references to the "Series 2017A Note" in the Loan Agreement shall mean this amended and restated Note. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist to happen and to be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. H�fR113F SIGIMM�i!�+fr] 3A. (9) IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed in its name by the manual or facsimile signatures of the Mayor and City Administrator, the seal of the Issuer having been intentionally omitted as permitted by law, and has caused this Note to be dated the Original Issue Date. CITY OF MONTICELLO, MINNESOTA By Its Mayor By Its City Administrator S-2 MN 190-182-1002439.v2 3A. (10) Consented to by: SHERBURNE STATE BANK LIM Its: S-2 u11UL'Z13FJI[IZIM,IAIW d 3A. (11) S-1 MN 190-182-1002439.v2 3A. (12) PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of Monticello, Minnesota, in the name of the Lender last noted below. Date of Name and Address Registration Registered Owner Sherburne State Bank 1200 Highway 25 South PO Box 970 Monticello, MN 55362 Federal ID #: 41-0522410 Signature of City Administrator R-1 MN 190-182-1002439.v2 3A. (13) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO Amended and Restated Educational Facilities Revenue Note (Swan River Montessori Charter School Project) Series 2017B Original Issue Date: October 2, 2017 $ Original Date of Issuance: October 2, 2017 Original Principal Amount: $1,225,000 Date of Modification: , 2025 Outstanding Principal Amount as of Date of Modification: $ Final Maturity Date: September 20, 2037 FOR VALUE RECEIVED the City of Monticello, Wright County, Minnesota (the "Issuer"), hereby promises to pay to the order of Sherburne State Bank, a Minnesota banking corporation, in Minneapolis, Minnesota, its successors or registered assigns (the "Lender"), from the source and in the manner hereinafter provided, the principal sum of ONE MILLION TWO HUNDRED TWENTY FIVE THOUSAND DOLLARS ($1,225,000), or so much thereof as has been advanced and remains unpaid from time to time (the "Principal Balance"), with interest thereon from the date hereof until paid or otherwise discharged as set forth in Section 1 below, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. Principal of and interest on this Note shall be paid to the Lender commencing on October 20, 2017 and shall be paid on the 20t1i day of each month thereafter until September 20, 2037 (the "Maturity Date") in such amounts as are required to fully amortize the Note, together with accrued interest thereon at the interest rate then in effect, over the remaining term of this Note. Payments made with respect to this Note shall be applied first to amounts due and owing to the Lender which are neither principal nor interest, next to interest due, and thereafter to reduction of the principal balance of the Note. 2. Commencing on the date of this Note and continuing through 20, 2030 (the "First Adjustment Date") interest shall accrue at a rate of 5.25% per annum. 3. On the First Adjustment Date, the interest rate on this Note shall be adjusted and interest shall accrue on this Note from and after the First Adjustment Date until October 20, 20_ (the "Second Adjustment Date" and hereinafter, the First Adjustment Date and the Second Adjustment are each an "Adjustment Date") at a rate per annum equal to the Prime Rate minus fifty basis points (.50%) (the "Interest Rate Formula"). For purposes hereof, the term "Prime Rate" means that rate of interest publicly announced in the Wall Street Journal as the "Prime Rate," as the same may change from time to time. If the "Prime Rate" is not published by the Wall Street Journal on the Business Day prior to the Adjustment Date, then a comparable interest rate selected by the Lender and available on the Business Day prior to the Adjustment Date i JIBRIC MS1111yzx Tyra 3A. (14) 4. On the Second Adjustment Date, the interest rate on this Note shall be adjusted and interest shall accrue on this Note from and after the Second Adjustment Date until the Maturity Date at a rate per annum equal to the Interest Rate Formula. 5. All adjustments to the interest rate of this Note shall be made and become effective as of each Adjustment Date and the interest rate as adjusted shall remain in effect through and including the day immediately preceding the Adjustment Date or the Maturity Date, as applicable. On the First Adjustment Date and the Second Adjustment Date, the monthly payments of principal and interest shall be recomputed so that the monthly payments are sufficient to fully amortize this Note over the remaining term of this Note. 6. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or service charge, at maturity, upon prepayment, or otherwise. Interest shall be computed on 365/360 basis (that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the actual number of days the principal balance is outstanding). 7. Any monthly payment of principal or interest not made within ten (10) days of the due date shall be subject to a late payment fee equal to five percent (5%) of the monthly payment (including any final payment). The late payment fees shall apply individually to all payments past due. This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other rights the Lender may have, including the right to declare the entire unpaid principal and interest immediately due and payable. 8. Upon the occurrence of an Event of Default and irrespective of whether Lender exercises its option to accelerate the maturity of this Note by reason of such Event of Default, or if all advances made by the Lender and all interest accrued thereon, have not been paid on or before the Maturity Date, all amounts due under this Note shall thereafter bear interest while such default continues at the rate of eighteen percent (18.00%) per annum greater than the then current interest rate. No delay or omission on the part of the Lender in exercising any right hereunder or under any other instrument now or hereafter given to evidence or secure the indebtedness evidenced hereby, shall operate as a waiver of such right, or any other right hereunder, or under any of said agreements. 9. All payments and prepayments made hereon shall, at the option of the Lender, be applied in the following order: (i) to any costs of collection; (ii) to any late payment fees and service charges; (iii) to any prepayment premium; (iv) to accrued interest on this Note (including any default interest); and (v) to reduction of the Principal Balance. If any advances made by the Lender due to the occurrence of an Event of Default hereunder or under the terms of any instrument securing the Note are not repaid on demand, any moneys received, at the option of the Lender, may first be applied to repay such advances and the balance, if any, shall be applied on account of any installments then due. 10. Principal and interest and premium, if any, due hereunder shall be payable at the office of the Lender as set forth in the attached Note register, or at such other place as the Lender may designate in writing. 11. This Note was issued by the Issuer, along with the proceeds of the Educational Facilities Revenue Note (Swan River Montessori Charter School Project), Series 2017A (the "Series 2017A Note"), dated October 2, 2017, issued by the Issuer in the original aggregate principal amount of $1,000,000, to provide funds pursuant to a Loan Agreement, dated October 2, 2017 (the "Loan Agreement"), between the Issuer and SRCS Building Company, a Minnesota nonprofit corporation (the "Company"), for a project, as defined in Minnesota Statutes, Section 469.153, subdivision 2(b). The proceeds of the Notes will be used for the purposes of (i) redeeming and prepaying outstanding taxable debt of the Company which previously financed the acquisition, renovation, construction and equipping of the public charter school buildings and 2 MN 190-182-1002437.v2 3A. (15) related facilities located at 500 and 503 Maple Street in the City of Monticello, Minnesota (the "Bond Financed Facilities"); (ii) financing certain capital improvements to the Bond Financed Facilities; and (iii) paying a portion of the costs of issuance of the Notes. The School Facilities will be owned by the Company and will be leased to the Swan River Montessori Charter School, a Minnesota nonprofit corporation (the "School"), for the operation of an elementary school,. This Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Sections 469.152 through 469.1655, as amended, and pursuant to a resolution adopted by the City Council of the Issuer on July 10, 2017 (the "Resolution"). 12. The loan repayments to be made by the Company under the Loan Agreement will be fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on this Note when due. The City will assign its rights to the basic payments and certain other rights under the Loan Agreement to the Lender pursuant to the terms of an Assignment of Loan Agreement, to be dated October 2, 2017 (the "Assignment of Loan Agreement"), between the City, the Company, and the Lender. The Company's obligation to make loan repayments on the Series 2017B Note under the Loan Agreement will be secured by: (i) Combination Mortgage, Security Agreement, Assignment of Rents and Fixture Financing Statement, dated October 2, 2017 (the "Mortgage") relating to the Series 2017B Note; (ii) an Assignment of Lease, dated October 2, 2017 (the "Assignment of Lease"), from the Company to the Lender and consented to by the School; and (iii) a Pledge and Covenant Agreement, dated October 2, 2017 (the "School Pledge Agreement"), between the School and the Lender. (The Loan Agreement, Mortgage, Assignment of Lease and School Pledge Agreement are from time to time referred to herein individually as a "Loan Document" and collectively as the "Loan Documents.") 13. The Issuer, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and/or principal of or any service charge or premium due on this Note, including the Maturity Date, or release any part or parts of the property and interest subject to the Mortgage or to any other security document from the same, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the federal or state income tax. In no event, however, may the Maturity Date of the Note be extended beyond thirty (30) years from the date hereof. 14. Subject to the limitations in this Section, this Note is subject to prepayment in whole or in part in immediately available funds on any date at the option of the Company. To exercise this option, the Company must give written notice in the name of the Issuer to the Lender not less than thirty (30) days prior to the date fixed for prepayment; provided that the Lender may waive or provide alternative notice requirements, no more restrictive than those set forth above. At the date fixed for prepayment, funds must be paid to the Lender at its registered address. If the Principal Balance of the Note is reduced by prepayment from monies from the Company's excess cash, the prepayment price is equal to the outstanding Principal Balance of this Note to be prepaid plus accrued interest; and without prepayment penalty; provided, however, that if the prepayment of this Note is made from the proceeds of a loan from a financial institution other than the Lender, the prepayment price shall include a penalty equal to 1.00% of the outstanding Principal Balance of the Note to be refinanced will be required. In the event of any partial prepayment of this Note, the Lender shall apply any such prepayment in the order described in Section 6 hereof. Except as provided in this Section, the monthly payments due under Section 3 hereof shall continue to be due and payable in full until the entire Principal Balance, accrued interest and any premium due on this Note have been paid. 15. Upon a Determination of Taxability, as defined in the Loan Agreement, this Note shall convert to a taxable obligation and the interest rate for interest accruing from the Date of Taxability, as i�U1115US1111 zx Tyra 3A. (16) defined in the Loan Agreement, shall be adjusted to the then coupon rate multiplied by 1.50 (the "Taxable Rate"). Any interest accruing from the Date of Taxability which is due as a result of the retroactive interest rate adjustment shall be payable on the first day of the following month along with the regularly scheduled principal payment and interest accruing from the previous payment date at the Taxable Rate. 16. Subject to certain limitations set forth herein, this Note is only transferable upon the books of the Issuer at the office of the City Administrator, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Administrator will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The Issuer may deem and treat the person in whose name the Note is last registered upon the books of the Issuer with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the Issuer shall not be affected by any notice to the contrary. ifl�YaLverellIIa:/:`, 2NRM IJaDIIMh111II[f11111■.11= L11IM."IIM098121RJ91 M 3 KIN 1NKS]:1 FEDERAL OR OTHER SECURITIES LAWS, PURSUANT TO AN EXEMPTION FOR SUCH ISSUANCE; AND ACCORDINGLY THIS NOTE MAY NOT BE ASSIGNED OR TRANSFERRED IN WHOLE OR PART, NOR MAY A PARTICIPATION INTEREST IN THIS NOTE BE GIVEN PURSUANT TO ANY PARTICIPATION AGREEMENT, EXCEPT TO ANOTHER "ACCREDITED INVESTOR" OR "FINANCIAL INSTITUTION" IN ACCORDANCE WITH AN APPLICABLE EXEMPTION FROM SUCH REGISTRATION REQUIREMENTS AND WITH FULL AND ACCURATE DISCLOSURE OF ALL MATERIAL FACTS TO THE PROSPECTIVE PURCHASER(S) OR TRANSFEREE(S). 18. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution and the Loan Documents are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 19. This Note and interest thereon and any service charge or premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Documents and do not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the Issuer or any of its officers, agents or employees, and no Lender of this Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay this Note or the interest thereon, or to enforce payment thereof against any property of the Issuer, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, and the agreement of the Issuer to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 20. If an Event of Default (as that term is defined in any Loan Document) shall occur, then the Lender shall have the right and option, among other things, to declare the Principal Balance and accrued interest thereon immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Documents. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 4 MN 190-182-1002437.v2 3A. (17) 21. The remedies of the Lender, as provided herein and in the Loan Documents and the Assignment of Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 22. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 23. This Note is a "qualified tax-exempt obligation" under Section 265(b) of the Internal Revenue Code of 1986, as amended. 24. This Amended and Restated Educational Facilities Revenue Note, Series 2017B (i) amends and restates that certain Educational Facilities Revenue Note, Series 2017B dated October 2, 2017 (the "Original Note"), (ii) evidences the same indebtedness as the Original Note and (iii) does not constitute a novation of the Original Note or the indebtedness evidenced thereby. All references to the "Series 2017B Note" in the Loan Agreement shall mean this amended and restated Note. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist to happen and to be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 3A. (18) IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed in its name by the manual or facsimile signatures of the Mayor and City Administrator, the seal of the Issuer having been intentionally omitted as permitted by law, and has caused this Note to be dated the Original Issue Date. CITY OF MONTICELLO, MINNESOTA By Its Mayor By Its City Administrator S-1 MN 190-182-1002437.v2 3A. (19) Consented to by: SHERBURNE STATE BANK LIM Its: S-2 i�Lz1arJIMITIyzx rMPA 3A. (20) S-2 MN 190-182-1002437.v2 3A. (21) PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of Monticello, Minnesota, in the name of the Lender last noted below. Date of Name and Address Registration Registered Owner Sherburne State Bank 1200 Highway 25 South PO Box 970 Monticello, MN 55362 Federal ID #: 41-0522410 Signature of City Administrator R-1 MN 190-182-1002437.v2