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City Council Agenda Packet 06-22-2009AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL June 22, 2009 - 7 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance. 2A. Approve minutes of June 8, 2009 Special Meeting 2B Approve minutes of June 8, 2009 Regular Meeting 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. a. Jim Knutson - GFOA: Presentation of Budget Award b. Public Service Announcements, if any: 1) Bertram Chain of Lakes Fun Day -Summary 2) Walk NRoll -Summary 3) Upcoming Public Forums c. Library Update 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, Liquor Store and City Hall. B. Consideration of appointment of Chris Kruse to the Industrial and Economic Development Committee (IEDC). C. Consideration of approval of final payment for City Project #2006-32C, Construction of Monticello FiberNet Head End Building. D. Consideration of establishment of Utility Department Foreman. E. Consideration of appointment of Beth Metzger to Library Board. F. Consideration of bids for stucco, doors and windows at DMV Building. G. Consideration of accepting donation of $7,000 from Land of Lakes Choirboys for fire department equipment. 6. Consideration of items removed from the consent agenda for discussion. 7. Review of request for City action relating to Downtown Block Party on July 8, 2009 by Monticello Downtown Business Association. a) Approval of street closure b) Use of municipal parking lots c) Approval of temporary liquor license Agenda Monticello City Council June 22, 2009 Page 2 8. Consideration of how to use Cable Franchise Fee. 9. Consideration of ordinance amendment relating to park dedication fees and discussion on proposed fee changes followed by a public hearing on the revisions to 2009 Fee Schedule a) Review of changes in excavation permit. b) Consideration of ordinance amendment and public hearing on the revisions to 2009 fee schedule as related to Variances. c) Consideration of amendment to Chapter 6 of the Monticello Subdivision Code as related to Parks, Open Space and Public Use. Applicant: City of Monticello. 10. Approve payment of bills for June. 11. Adjourn b o~ cn ~ cn cn ~ cn C v, ~ ~ C C ~ ~ ~ ~ ~ C ~` C w w W N N N 0 _ _ ~ ~ v' ~ 7 A y A ~ 0 0 ~ ~~~ N A A A o0 00 0o w w w ~ ~o .0 O N N N O d O tin ~P x w~ O ~O O N N N W 00 00 •. •• •. •. O O O O O ONO NA N ~ O D t ~ S "b '~ S O G C V~ "1'1 Y D S 'q b ' .y ~. ''~ C K N Q• '~ 'S N ~ '+ ' ' X to . 'a X o •+ ,y C m m m ' n X ~ ~. 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A A A .... ~ p N N O W ~ N O W a N N N N p N N N N N N C\ O n [o -- -- ~O ~O n co w -- n O N_ n N A b n Co cn to in w N N n cu to N n to to vi v, in in vi N N N A N N N O w ~O ~O O O w O O w O O N ~ O N O O O O O O N O O N 0 0 0 0 0 0 O O O O O O N ~- O ~O oo J '1 n ~ ~ ~ ~ ~ ~ x x x x x x x ~- a a a n. a a. a m w ~ w m m m n y i n ~ u ti (U (D [D fD fD f9 (D 7 O n' 2 z O d A 9 0 7 a O C ._+ b 7 d W A a n 7 C 7' ro w 00 a ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ `~ ~ o ~ x x J ~) J J ~] 0 0 0 0 0 0 0 0 z z Z ' O a ~ A N ~O ~D ~O ~O ~O A A w N •-• ..• •.• O p. y ~ y ~ a' O a O O. N G. N C1 w A O to to a a ~O ~O ~O ~o ~ ?~ a O O O ~ O O a w to U A w a s N x x x U O O O . `t ~ a A W x Vi a s U U ~ to A A ~ ~D O ~O ~O W ~ O ~O x o v x v J ~ in v, A ~O J x O W a N ~ n~nn~~~~~~~c~~~n ~n ~ ~~x ~n n ~ m ~ •~ m ~ a ~ ~ O" co ti N G C G ~ vCi vim, vii vCi vOi rGn vGi v, ti ti v, v, ~ . 'S ~ ~' m w w ? co ""' w ~ S to ~ d S O N ~ ~' 'S O ~- o 0 o S o 0 0 0 0 0 0 0 0 0 0 ~ ~ x- ~ ~' ~ ~ N o n B 3 ~ B ~ -' ~ B 9 B ~ 0 B B ~ ~ ~ ~ ~ x ao ~ ~ ~ ° ~ N ~ ,~ fD (D fD CD A tD M (D n n ~ n n fD n -~ -. = . as ~ - 3 UQ ~ .j O H w t v, v, ~• ~n A A v, v, A .-• v, v, A v, ~' w co w a o ?~ ti `< w 7. a? o m w , .. N N O O N O_ O N N O O N N O_ N w w a a N a w w `- a (9 -s .. ~' , w - ,~-,, , .. D .. ~' ~ , .. ~ ~ .. ~ ~~ N N A A A J N A A A N (~ . ~ ,.., . w V ,O„ ^ . C G C ~ ^ ~ O 0 m ~ .Ni .Ni ~ .Ni `~ ~ .Ui ~ .Ni . wi ~ ~ 0 `G U ~ p v In 0 N N C N t `-' l d 'n 0 y " i o ~n ~n V .n 0 v A O cn o i y , ~ .-. ~ C C . n n ~ n 00 O tr4 00 trG ° Al W N ~ Y ~ " y '"' N 7 < "~ ~ ~ (~ O O A O 'LS p fJ ~ w W '3 - . , N N ~ p „~ 'O O ~ W n -Oi O~y ~ . y ~ ~ y ~ ~ r.. n G c c~ ~ y '" ~ ~ a ~ a .,~ a .~ m ~ ~ c ° ° = ~ ~ Y .ti ±i ~ 7 ' ~ 5r VI ~ . . d G Q' N N ~ p _ 'C J ~ ~ w . ( D - 'J 0. d P. 'a O ~ S ~ ^ T O O ' ~. N ~. `~ R ~ ~ Q ~ r? o ,~ o w, n w ~ ~ ° ti ~ C ~ ~ y ~ (D O (9 N ~D -- .- ~ N w A -- w ~l ~ - .-- ~l ~l A A w a -- .- cn J w .o ~o O O ~- A U ? N O x x U U N N N W ~~ W A A x 0 tr to a ~--~ J ~O c.n O x a N N O O a a N W 0 0 ~n a U O N ~O ~O N N ~n x to cn O .- ~D O N N O O ~-' --~ O O O O O O O O O O O O O O O O O O O O O O a~~ rn rn a, a~~ rn Q, o, rn a~ rn rn~ rn ~, ~ x x o0 00 00 0~ ~ oo x ~ ~ 00 00 0o x o0 00 00 00 0o x N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~D ~O b ~O ~O ~D O O O `O ~O ~D O ~O O ~O O ~O N N O O O O O N O O O ~ N O O a- O ~y O ~ N ~ ~] J a a -- ~O .-• J ~-• ~O a ~- ^' ~O ~] ~_ A_ A A .P A A _A A A A A A A A Vi ll~ ~O W ~O V~ 'V ~p r' 'r' a N ~-- A A A In ~O W (D n ~ '-' A W CD n ~ "' A a CD n r' a A Vi CD n r' ~O ~O .-• .-• ~O J ... ~O ~D ~7 ~-- ~ ~ ~] ~ V1 .-• A .-• C/1 ~-' C/] cn VI .-• (/~ ~O A N N A v, N d A U N A A U ~O O O N N O A J O O A N O O A O (D A N ~O N N O O rn O N O to .D O O rn .D N N CD .O A .A A A A. A A A A A A A A .P A ry A A A A ~ A ~ A ry A A A N A A N A A A A A N A A p N N N ~ N O w ~ w ~ W W w .-~ w w .-+ r-+ ... r .-+ w .-+ W W ~D ~O ~O ~O ~O ~O ~O to In to In ~O ~O ~D ~O ~O ~O ~D ~O ~O ~D ~O O O O O ~D ~D ~ ~O N '• _ b ~ ~ ~O ~O ~D N .. ~ O tno .. N O N .. VNi O (~D .. O O O O O O O O O O O O O O O w O O O w O w O w O w J a lh A w ~ ~ ~ ~ n x x x x x ~- a a a. a a w w w ~ w i a N ~ V+ ~ ~ ~ ~ a !, O z O d n ~' 7 O C .~+ 0 d A~ A n 7 c 3 S A Z • b Ct dQ lD J ro n ":1 G (D ".T • ~ b O O M r 0 a 0 O N O N I i• i• A A A A A A C `O C ~ a` ~` C ~ C C ~ C "' C ~' C v v ~ ~ ~ rn ~ o co m ~ ~ to '-' ct w ~+ `p to °O m A w w ~D cn 7 lr p fJO 40 0o O J J 7 v ~ O - A p fib ~ p Cn ~O J in C\ w C O G. C\ ~ ~ a v A p, ~ p, p, A ~ p, p, N J T C\ O U w J O G1 cn O J O O C\ A A ~] a, ~ O ~^ ~ O -~ w O `O O O _ _ ~ ~ to A - oo . - oo . -. •- rte. w oho O O ~N/+ ~ v ~"' a 7 ' ~ A p °' b `G N ..i bO `~ O O O N~ P1 w cc ~ °' O CD ~ " ~ O O O ' ~ O N N , ~ ~ O ~ ~ ~ ~ . `G n 'T' (C n Y ._ -. ~ T 0 p y n X C J O n x S ~ n T. ~ y n X d O ~ ~ ( ~ ~ C ` 0 °' a~ ~ •, R~ ~ C7 a o v' p ~ ~ o ~ N o r. m o ~. ~ o ~ ~ ° < 2 ~ c .. - ~ .. . ~ o- ~. ~' ~ x 2s ~ 'a w 1 ~ . p ~ ~ ~ ~ o A. ~ N N N p O 'O O ~ ~ ~ ~ S O ^ '~ ~ W . -. rn , ( D C D ~ ~ Y. -r O D ~~ c co `+ O o~ N ti ~ ~ m a~ iO ~ ~ '~ O ~ m y v, y G Cyi x tD (D ~ ~ ,y S O O ~ ~ ~ w X N p ~ O ~ _ 00 CD cn t].~ ~' .y CD ' n p ~ ~ ~ Ch N ' X ~. ~ W W N .-• ~1 D\ J J W W J J N ..• N W w W G1 O O a\ ao J N N in vi Oo 0o O O to N O v, ~-. .-. ~O ~O ~ v, -. to ~ N w oo to cr A A C\ D\ O O 00 O N W G\ N ~O ~D ~-' O~ O O W J J J O O O O w C\ N ~- O oo O O ~ O oo O O ~ O O O ~-' --~ O O O O O O O O O O O O O O O O O O O O o~ ~ o~ a a, rn ~ ~ rn rn a a a o, o, ~ ~ ~ ~ ~ ~ ~ N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ 0 e 0 0 0 ~ ~ ~ 0 0 ~ ~ 0 ~ 0 ~ 0 ~ 0 ~ N O ~ S S ~ 0 0 0 0 0 ~ O O O S O O H O ? O O. O _ A A .A .P A A jr ~ X- A A? ~ A A ~- A yr A ~ A ~- A ~ cn W w w w w N C/l ~O A VI w cn w ~ N ~- VI W ~O A C/I ~- (p V] 01 's C/) ~O A W N N V] N N N N N w N J J ~7 O O CD .a A O O .G N O N O -- O R .a N ~O O O CD .O O O fD r0 O O N .G A O (D .O O O n .O A A A A A A Cpp A Cpj A A A CCp A A ry A ry A ry A CCp A CD N ~ ~ N N A p N p N W ~ p N N ~ W 7 W ~ N p w 'p N N W ~O ~O ~O ~O C\ ~ f) N N J C) p ~ N N N C) (D . -. ~O ~D f) (D O A n N In N () (D N J f1 N w N f) O ~O ~O ~D ~O O ~D O O O O O O A J O A O O O O O O A ~D O O O A O O A O O A O O w O O w in A w N ~ O O ~ n n n n n n n n x x x x x x x x a a a a a a a a m a~i w w w w w m m co ~ co m rn ~ co 0 ", z .7 ry 4A n `o' O C T `< d W m A 3 S A R A ro w as ^-~ ~' A A A A A C ~"~ W C J J p J J J J J ~p O O ~p A A p. N N N N N p, 4i In Q, ~ ~ O O ~ ~ O .. ~ ~ .. 00 J N J cn O N W ~~ x ~ ~A~~~ m ~ x ~ ai ti ~ ry v J ~ W.. ~ R ~ ~ ry 7 ~ ~ 'o ~ ' y ''~ ' n ~ ti Ks, --3 ~ y ~ -~ w R CJ ~~ o ~ w f D ~ w n. a ~ - C ~ ~ ~ y z ~ .. . .. 0 0 0 ~ m o o D7 w w v, c < ro~ ~. J O a, rn 0 ~ -• ~ ~n ~ y n. 00 00 , ~ ~ ~ m d ~ ~ •< ~~ 0. O cc ~ Un 0 'a ~ ,-~ ^0 ~ O ~ bN B ti n Q "1 ^ `f ` / O CJ O ~ ~ ~ C a .-. '- O O ~ O O 00 (b ~ to V~ V~ Vi Q, J J N N O N N W W O L1 A A A A A A A A A A A A A J J J ~] J J J J J J J J J ~D (p fp (x J (T (T O~ G1 .'1 G1 CT cn J A A~~~ ~+ ~~ O O ~ CT ~ O J O~ w~ 0 O~~ A~ ? `' W D ~ 3k C ~J ~ ~ ~ ~ N '' w co . A W W x O X W ro • ~' ~ ~xoo ~ n. ~~ a~ ba , G. ~ O A c o. ~, p -, Ts ~ o ,~° a' ~ ~ ~ :~ ~ ~ ~ ~~ X n x N o ~ ~ Q o x w ~ ~ ~ N ~' '. . QQ co N n. 'o o• ~ ~ ~ y n a n y y Imo-. N d .j ~ n ~ X_ ~~ ~ ~ ~ ^ o V"1 ro N y 0 ~ .-. o n acs ~ v ~ ~ v, N W ~O ~D O 1 Vi N A N Ci ~ W N U ~ W J N W ~-' J '~ N N .-. A N to cn N v, .-~ O O O~ CT ~ J W O D\ A N ~ O o0 00 ~-' In O W 0~ A N O A O O ~ O N O O N A A O O O J O N O ~D A A J 00 to ~- N ~- ~O ~O Vi J O O O O to O O ~ ~ .- 0o O O ~ O ~ W ~ J Oo O J ~ ~ .-. ~ ~ J .-. 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o, rn \, \, rn rn ~ o, a ~ ~ a a, ~ ~ ~ ~ ~ rn ~ a, rn o, 00 0o x o0 00 ~ 00 00 00 00 0o co 00 00 00 0o x o0 00 00 00 0o co ~ 00 00 N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~-' 0 (~ .1 Cif C1 ~ D\ (') O ~ (~ 01 G1 ^ 01 ("~ „~ G\ G)~ --~ .-• ~ C1 G1 r, C\ ~ ~-' 0 o T v, v, v, v~ v, ~- o o ~ o 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 A A n X A A A A A n X A A n ~ A A A A n x A A A A A A A A A? A A A W W (/~ ~ ~ ~ ~ ~ 00 00 00 00 00 ~ ~ ~ A A V] ~ ~ ~ ~ v v ~l ~] ~ U ~ to ~ N W ~D ~O ~D ~O ~O ~D W N A N A N ~- A A A A A A ~- N N ~l v cn .O ~l ~ ~ ~] J O ~- ~-- ~-- ~-- O .n A A 0 0 A .O to v~ vi to 0 0 0 0 co .O O A O A O N A A A A A A -- .- O -- 0 0 ~l 0 0 0 0 0 0 A .P ~ A A .A A A A A A ry A A A A ry A A A A A A? A A A A A A W W ~ W W W W W p N N O N W N W O N N N N N N N N N N N N N w W N N A (0 ... O O O O lp J ~] J J () (D N ~- V 01 f) N to w In W W W W W A fD ... .-. ~. .-. `. ... ... ..f N N `. _. .... ~O ~O \O ~O ~D ~O ~O ~O W W ~O ~D ~O O O ~O O O O O O O O O O O ~O ~D `O ~D ~D ~O ~D ~O O O ~O ~O ~O O O A ~O O O O O O A W O O A J O O O O A C\ O O O O O O O O O O O O O a a a a ~ ~ ~ ~ x x x x a a a a ~ ro ro ro m m m m ~ ~ ~ ~ O A z • d '~. 0 0 O C O .* d A a I Z C S '~S C, ro w ao a ro n G N N • X ro ., 0 0 -n r c C ° o. 0 0 v N O O N ro b w ao rn W C' ~ ~ ~ J J J U A W W N N N N N N .-. ~' ~~\ C O "" C W C ~O ~p ~O to cn ~O ~° N O O O O D U A 0 0 0 0 - N N A A ~- A N N N A ~p ~, ^, ,.., N ~ (D A N p -- p C1 ~ ~ ~ °~ ' A J J A A O O w ~ U W N W Vi O O ~ ~ ~ ~ ~ p N 7 p A 0. A p ~n o0 0o A w A -- O ~D J v A ~D ~D O A p, ° O O O , ° O , O '~ O W .~ N A A A ~° U `-` G1 O ~-` W O oo J W lh ~ ~ ~° ;-f N .. ;~ z G, U A OO N w OO Oo N O W A V+ N ~ N A _ N W _ N O _ N _ N ~ N W ~ a x e ~~°-~ng~r~~n~~~n~~c~~ x ~ rr x ~ c~ x ~ ' o x ~ ~ ~ o 0 o y ~ o 0 0 ^~ o o x ~~ o s ~ ° ° ~ X o yr ~ G7 ~ a~~ r co n~ 9~ n n~ m x m~ m ~`' ;° C ~ - x o c°~ w y c~~ w o c c o o w c 5 ~ C7 ..~ x x `< -l '-3 n ~ --1 . ~ ~ ~. o c n a. ~ n, wa x. a. ~ ~ ~ ~ ~ a ~ C ~ o ~ n o ~ ~ o ?' 0 0 w m ~. b ~ ~ O b b b `~ `G `G b 'b .~ `G `~ O ° ' io w ~ ... . ~ m . . y ~ ~ ~ ~ c ~ w ~ b ~' m co ~ ~ G~ in ° m O ~ n. w ~ y ~ m cc m ti ~ X ~ °; r, ~' ~ ~ °; °; ~ y ~' m a a a ~ is a ~ ^' c `° ~ co O ~ ~ m o . cn ~ ~ ~ a a a ~ ~ ~ `~ ~ ~ c ~ ~ ~ ~ o ~ ~ ~ ~ as ~_ ~. ~ .y ~ x ~ P'• ~ ~ °' °' ~° ~ ~ ~° ~ X ',~ ~ yy ~ ~ C\ ~ ~ n A OQ ~ ~ CD ~ ry "n p O ~' w ~ '3 ~ h3 . 'O 'O ~' . ~ y ~ p a w m d ~ (D `~ rn y ti C] ~ o' w ~ o w ° c c a y ry ~ ~ ~ K ° ro m ~ .-~ N 00 W N .r .-. ~ .-. U W W VN N ~ . W W A N A N _ ~O A U w J N O oo N A A ~-- ~O W A O A w oo i to -. O O N w .- W W ?° ~ O w J O ~] .-- to °~ N C, A N C1 O oo N v~ O CJ1 00 J J N O W •-• J ~7 :-• In N O N In D\ ~ N ~° ~ ~ ~ J - J • ~ W GO ~p W A ~O J O J ~] ^-' N °~ J ~--' ~O ~ W N •-• ' •- O O O O O O O O O O O O O O O O O O O O O O O °~ T °~~ °~ Q~ °~ G\~ \ ~ ~ T G\ O~ ^J\~ Q~ O~ O~ 0~1 \ ~ ~ ~ G\~ 00 0 00 00 00 00 OO 00 00 00 00 O 00 00 00 00 00 OO O 0 00 00 00 00 00 N \ \ N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N G1 D\ ~ ~- N ~- N N N N N N N (~ (~ N (~ ~ (] O 7 N O O O O N O O O N N N N N N O N ~ 0 0 0 ? N S O ~-+ .Fy r ~p O .~ r .-. ~-+ ~ rr ~-+ .- °~ °1 D\ a G1 0\ r Q1 N r-- r r.+ ~ °~ (D N A ~j A A A A A A A A A A .P A A A A A A ~ A A A X A X A ~ to N V1 to ~D ~° v, cn to to to v, to vi to to to to to to A A N N N N N .-. -~ N~ V] N N N N N N V] U '- !n ~ A f/~ O N N A A O O N O O O N N N N N N O N fD O O O ~ n N N (D A A O N a .r A ~ ~y v O O N ~- v N- N N ~] v J N N N v A A A A A A A A ~A A A A A A A A A .D ~ 0 0 0 A A A . c~D A cKC A . N N p N N N to N N N vi N N In N In N N N N p N N N O w p N ,7 ' N In A fD _ _ N A w .l w .... W N .-. .-. N N w .-. C\ O U ~ ~ ~ U U O b ~O W ~- O C\ ~ O n tD .! .-. N N N n N ... ~O n lD N J ( ~ [o _ 0o O O ~-- U~ to ~- O o0 0o x 0 0 o0 0 0 0 O O O ll~ O O O O O O 0 0 0 0 0 0 0 0 0 O O U 0 0 O lh O U O U A W N "' O x x x x x ~ ~ ~ ~ ~ 6' C 6- a• C a a a. a n. m w w w m y ~ ti y !D (D (C (D CD O 0 z O 0 3~ 0 Y O C .=~r b d .~ ~_ d d A a M S I Z N ti 7 r. A 0 A .-. .-. .-. .-. .- .-. .-. ~. .-. .-. .-. ... ... .-. .-. .-. .-. .... 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X a ~ ~~ ~ .. o x' •, ~ o y O c o o O o ~ ~ a o a a ~ ~ ~' O ~p 'C3 O V; k0 ~ ~ fb ~ ~ ' w . = w ~' w N w ~ W ~ W " W W _ ~ ~- ~ -- o O o U v, in O O O N O O O O O O ~ ~ ~ O A O O A A N N N O O O O ~ O O ~ ~ N N ~ O O ~ 01 .-~ .r lAl1 r` W W ~ ~ ~ N N (D .~ N N J J CD .O N ~ N N ~ n n A ~ N A_ A_ fD O O O " O N O O a a n n x x rn m a ~ c c a a ~ w ~ m ~ ~ ~ ro [ ~ O n ~ "! ~' a n c ~ ~ CD n o °rn ~ n O 000 N xj ` ~ N ~ O O '.~ y ~ ~ ~ ~ ~~ ~. W ~ ~ 'O °o 'ti r ~ ~ ^~^ i~ O a 0 G .t b • A'+ A .J. d P'+ ti A r~ n A C A `S A 0 A ,~4~ ~:, • • • Special Council Minute: June 8, 2008 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL June 8, 2008 - 6 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Woj chouski Members Absent: None 1. Call to Order. Mayor Herbst called the meeting to order at 6 p.m. Finance Director, Tom Kelly introduced Jim Eichten from MMKR who was present at the workshop to discuss the 2008 audit documents 2. Workshop on 2008 Audit Documents. Jim Eichten reviewed three documents relating to the 2008 audit which were the .Special Purpose Audit Report, the Management Report and the Annual Financial Report. He noted that the 2007 audit had quite a number of findings and that although there were still some findings in the 2008 audit they were fewer in number. He stated that most of the findings in the 2008 audit were in the process of being corrected and he anticipated that these findings would not appear in next year's audit. Jim Eichten stated the findings in the 2008 were very specific in nature while the 2007 audit findings were more general. There were four findings in the 2008 audit that related to internal controls and two findings relating to the City's compliance with state laws and regulations. The findings relating to internal controls were reviewed: • Recorded audit adjusting journal entries: Audit adjustments were proposed for the investment activity account and the escrow account activity. • Recorded prior period adjustments: Prior period adjustments were made relating to capital assets and land held for resale • Inadequate documentation of the components of internal controls: The City has policies and procedures in place for internal controls but they are verbal and there is no written documentation of these policies and procedures. • Deficiencies in the entity-level internal controls over information technology: The City lacks policies regulating the information technology such as access to computer documents and programs and a data recovery plan. Each of the findings was discussed and it was noted what was in the process of being corrected and what still needed to be done. Special Council Minute: June 8, 2008 In the portion of the audit dealing with the compliance to state laws and regulations there were two findings: • Contract language - A number of City contracts did not contain language required under Minnesota Statute §574.26 that requires the prime contractor to pay any subcontractor within 10 days of receiving payment from the City. Lack of capital improvement budget and parks and open space plan. Under Minnesota Statute § 462.358 if the City receives cash in lieu of land for park dedication, the City must adopt a capital improvement budget and also have an approved parks/trails and open space plan. Jim Eichten explained to the Council that he didn't feel the findings were especially serious and believed that most of them would be corrected by the next audit. The financial area of the audit was reviewed. The City's tax rate is above average compared to other cities in the state as the Monticello does not receive state aid and relies more heavily on property taxes. Jim Eichten also pointed out that the City's interest earnings had dropped considerably. The City's debt service per capita is higher than other cities. In 2008 there were a number of one time payments to pay off bonded debt. Overall the general fund was up $600,000+. The City is experiencing a decline in building permit fees and development fees. It was felt that most of the increase in the general fund was a result of delaying improvements and equipment purchases. The enterprise funds were also reviewed and it was noted the liquor store fund had its usual consistent growth. As far as expenses, there was a drop in Public Works expenditures and again that was primarily due to delaying capital asset purchases. Tom Kelly noted that most cities do not have the cost of garbage collection included in their Public Works expense. Jim Eichten also comment on the fiber optics fund where the start up costs are reflected noting that this fund has only been in place one year and continues to be monitored. The auditor reviewed some auditing/accounting updates and recent legislation that may have financial implications for the City. Jim Eichten answered questions from the Council. Brian Stumpf questioned information on page 38 relating to the Firemen's Relief Association benefits as it did not show that the benefits were changes from $3,950 to $3,450. Jim Eichten explained that this was based on the audit of the relief association which is a year behind. 3. Adiourn. SUSIE WOJCHOUSKI MOVED TO ADJOURN AT 6:50 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 2 Council Minutes: June 8, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL June 8, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of Mav 26, 2009 Special Meeting SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B Approve minutes of Mav 26, 2009 Regular Meeting Tom Perrault had two corrections: 1) Page 4 - On the matter relating to Marvin Road, he clarified that the piles of dirt were shoved into two areas going towards the ponds and not piled and; 2) On the River Street closure item he noted that the February 29, 2009 date was incorrect. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009 REGULAR MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Tree trimming at Elm Street and Country Road 39; 2) School Boulevard speed limits and signage; 3) Disc golf at Par West Park; and 4) Blights 4. Citizen comments, petitions. requests and concerns. a. Public Service Announcements, if any: No Public Service Announcements. Steve Conroy, a business owner at 261 East Broadway came before the Council regarding a sewer backup at his place of business. The blockage occurred where the service line joins the main line. In this case the main line was on the other side of the street from his business. The line was snaked and the blockage removed. Matt Theisen, the Sewer/Water Superintendent informed Mr. Conroy of the City's ordinance which states that the property owner is responsible for the sewer line up to the main. He is asking Council to take a look at this provision to determine if it is still warranted. Council Minutes: June 8, 2009 Glen Posusta stated he did not believe this was a good provision and felt some kind of amends should be made to Mr. Conroy for the cost he incurred. The City Administrator and Public Works Director will look into this. b. Marshall Smith and Dr. Joseph Mahoney -New River Medical Center: Annual Report. Marshall Smith, CEO of New River Medical Center introduced himself and Dr. Joseph Mahoney, the City of Monticello's representative on the hospital board. Marshall Smith stated the facility is a critical access facility. To be designated as a critical access facility, the facility must be at least 35 mile from the metro area and offthe freeway and be a 25 bed facility. On June 1, 2009 the Monticello Big Lake Hospital and Nursing Home became the New River Medical Center. He discussed the entities New River Medical Center works with which include North Memorial Hospital, Centra Care Health System, and Rehab Care among others. Statistics from 2007 and 2008 were compared as far as number of births, number of outpatient visits and total days in the hospital. He noted there is an increase in emergency room activity. With the slow economy and an increasing number of unemployed and uninsured people, the emergency room is where many people come for primary health care. New River Medical Center also owns their own ambulance service with one ambulance located in Big Lake and one in Monticello. New River Medical Center receives 3% of their revenue from taxes, 4% from other revenue including investments, 11 % from the nursing home and 82% from the hospital. Marshall Smith talked about the benefits to the community from the presence of New River Medical Center. Besides providing medical care they employ 375 people and have made a number of capital improvements that have added to the tax value of their facility. He talked about the quality care their facility provides and their compliance to federal mandated standards. New services provided by the facility include the cancer treatment center, in-patient rehab, expanding the Big Lake ambulance service hours and upgrading the CT scanner. He stated they are continuing to provide access to quality medical care. Clint Herbst responded that a quality of life issue is the quality of medical care that is available and he felt Monticello was fortunate to have a facility like New River Medical Center within the city. Tom Perrault asked about the possibility of VA services being provided in Monticello. Marshall Smith gave an update on this possibility but stated they are still waiting to hear from the Veteran Administration. He did add that the VA service is a federal designation and that the VA plans to have a designated facility in the northwest quadrant of Minneapolis. However, if New River Medical Center is not the selected site there are alternative uses for the space they have available. 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, Streets, Parks and Sewer/Water. Recommendation: Ratify the hires/departures for MCC, Streets, Parks and Sewer/Water as identified. 2 Council Minutes: June 8, 2009 B. Consideration to ratify the April 1, 2009-March 31, 2011 negotiated labor agreement between the City of Monticello and International Union of Operating Engineers, Local 49. Recommendation: Ratify the 2009-2011 union contract. C. Consideration to approve a request for an extension of an interim use permit for the Alternative Learning Program located in an I-1 (Light Industrial) District. Recommendation: Approve the interim use permit for the Alternative Learning Program for a three year period based on a finding that the use continues to raise no issues with the surrounding users and continues to comply with the following conditions: 1) A short term termination date is established to ensure that the City's industrial development objectives were not affected by the location of the school facility in industrial areas; 2) The building was remodeled only to the extent that convenient re-use by office or industrial users would still be possible and 3) The parking was judged to be adequate for the school use of the property. D. Consideration to approve a request for extension of a conditional use permit for a Planned Unit Development for Mills Fleet Farm Addition. Applicant: Mills Properties, Inc. Recommendation: Approve an extension of the June 25, 2007 conditional use permit for concept and development t stage planned unit development and preliminary plat for the proposed Mills Fleet Farm fora period of one year with the condition that all previously approved conditions be assigned to the extension. E. Consideration to approve a request for extension of a conditional use permit for a drive-through facility in the CCD. Applicant: Masters 5th Avenue. Recommendation: Approve an extension of the September 12, 2005 conditional use permit for joint parking and drives and adrive-through facility for Masters 5th Avenue through August 1, 2011 with the condition that all previously approved conditions be assigned to the extension. F. Consideration of accepting a donation of $325 from Cargill Kitchen Solutions for Flowers on Broadway $100 from Goldberg Bonding for National Night Out. Recommendation: Approve the contribution and authorize use of funds as specified. G. Consideration of approving 2008 Storm Water Pollution Prevention Program (SWPPP) Annual Report. Recommendation: Approve the 2008 SWPPP Annual Report and authorize submittal of the report to the Minnesota Pollution Control Agency. H. Consideration of accepting donation from Ras Glass (formerly Glass Hut) of 2 windows 48" x 32" for Monticello DMV. Recommendation: Accept the donation from Ras Glass and approve the bids for creating the openings and installation of windows. I. Consideration of approving an increase in the monthly payment for services performed by the Animal Control Officer. Recommendation: Approve an increase of 1 % to the payment amount for Monticello Animal Control for a total of $30.10 per month. J. Consideration of accepting donation of a metal sculpture from Linda Smith in remembrance of John Komarek. Recommendation: Accept the donation and location of the sculpture for Otter Creek Park. Council Minutes: June 8, 2009 Glen Posusta requested that items #SA and #SE be removed from the consent agenda. Mayor Herbst noted that the Ciry received a donation of a sculpture from Linda Smith in honor of John Komarek. This sculpture which was designed by Parker McDonald will be placed in Otter Creek Park. The City also received a donation of two windows for the DMV building from Dean Rasmussen. In addition the City received financial contributions from Cargill Kitchen Solutions for flowers on Broadway and from Goldberg Bonding for National Night Out. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SA AND #SE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SA Ratifying Hires/Departures for MCC, Streets, Parks and Sewer/Water: Glen Posusta questioned the addition of seasonal employees for the Street, Parks and Water and Sewer Departments. At the last Council meeting it was indicated that staff had cut the number of seasonal employees but with this meeting five more seasonal employees were being added in addition to those approved at the last meeting. He questioned whether the department heads really got the message about cutting back. Glen Posusta emphasized if the City doesn't cut back now they may end up laying off full time employees. Clint Herbst felt the Council needed a report on this since they were told that the number of seasonal employees was being cut back. Public Works Director, Bob Paschke stated he would check into this and report back. Tracy Ergen, Human Resources informed the Council that the Parks Department had hired five seasonal workers instead of seven and only four of the seasonal workers are full time. The Sewer and Water Department only hired two seasonal workers and the Street Department did cut back one position. Clint Herbst felt this was not what was represented to them at the last meeting. Glen Posusta said people should not be hired until they are approved by the Council and felt there should be a better procedure for handling this. Brian Stumpf said the only problem with Glen Posusta's suggestion is there are situations where somebody leaves and the position needs to be filled as soon as possible so he felt the City should be careful in how they handle any changes in hiring procedures. There was some discussion how many hours the seasonal employees worked and what it cost. BRIAN STUMPF MOVED TO RATIFY THE HIRES AND DEPARTURES FOR THE MCC, STREET, PARKS AND SEWER AND WATER DEPARTMENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. #SE Extension of conditional use permit for Masters S`h Avenue: Glen Posusta wanted to add a condition to the approval of the extension of the conditional use permit. He felt if the area was going to remain vacant for any length of time, the property should be graded, seeded, mowed and maintained. This is part of the downtown area and it should be maintained so that it leaves a good impression. GLEN POSUSTA MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR JOINT PARKING AND DRIVES AND A DRIVE THROUGH FACILITY FOR MASTERS 5TH AVENUE THROUGH AUGUST 1, 2011 WITH 4 Council Minutes: June 8, 2009 THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION AND WITH THE ADDED CONDITION THAT THE PROPERTY BE GRADED, SEEDED, MOWED AND MAINTAINED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of accenting audit report for the year ending December 31, 2008. Jim Eichten from MMKR, the City's audit firm gave a brief presentation on the City's annual audit. Earlier in the evening the City conducted a workshop to go over the audit report in detail so at this time he was just summarizing some of the highlights of the audit report. State law requires the City to prepare an annual financial report and to have the report audited. Jim Eichten reviewed the Special Purpose Audit Report, the Management Report and the Annual Financial Report. The reports look at the City's legal compliance with laws and regulations and internal controls. The Management Report is broken into two areas the compliance area and the financial results. The audit report contained four findings relating to internal controls and two findings relating to compliance with Minnesota laws and regulations. The findings in the internal control area were: 1) Recorded audit adjusting journal entries; 2) Recorded prior period adjustments; 3) Inadequate documentation of the components of internal controls and 4) Deficiencies in internal controls over IT (information technology). The two compliance findings were 1) Omission in some contracts of language relating to the payment of subcontractors and 2) Lack of a budget for capital improvements and lack of a parks and open space comprehensive plans. The Auditor explained that most of these findings will be eliminated by the next audit and that staff was in the process or correcting them now or would be in the near future. The auditor then reviewed the financials, highlighting that the general fund balance improved by $617,000 and most of this increase was from cuts in capital asset expenditures. He noted many cities are seeing a decline in the general fund balance because of cuts in state aid. He also reviewed the enterprise fund which showed the liquor fund increasing at a consistent rate. He stated the audit went smoothly and the Council can be assured that financial information they are receiving can be used to make sound financial decision. Tom Kelly, Finance Director, thanked the staff for their work with the auditors. BRIAN STUMPF MOVED TO ACCEPT THE 2008 AUDIT REPORT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of Electric Distribution and Transmission Franchise Ordinance and Franchise Fee Ordinance with Wright-Hennepin Cooperative Electric Association. The Council moved this item up on the agenda. Public Works Director, Bob Paschke reviewed the information on the proposed franchise agreement with Wright-Hennepin Electric noting the agreement is similar to the agreement the City has with Excel Energy. The franchise agreement is based on the model franchise ordinance from the League of Minnesota Cities and is intended to work in conjunction with the City's Right-of--Way Management ordinance. The City is also proposing an ordinance that will establish a fee that will be applied to all user 5 Council Minutes: June 8, 2009 accounts. The City will use this fee, which is estimated at $3,951.75 a quarter, to pay for street lighting projects and street light replacements. With the adoption of the franchise fee, the company will not pay ongoing fees for permits. Clint Herbst explained that the franchise fee is one way a city can generate funds for needed improvements such as street lighting. Brian Stumpf asked how many people would be affected by this. Bob Paschke indicated that Wright-Hennepin's service area was primarily on the east end of town. Brian Stumpf asked if there were any commercial users in the area and Bob Paschke indicated that the City, because of the lift stations they have in the area, is probably the larger user. Brian Stumpf asked how much revenue the permit fees generated in previous years and how that would compare with the franchise fee that would be collected. Jeff O'Neill stated these fees are identical to Excel Energy fees. If the City is not comfortable with the proposed fee rate, they would need to go back and adjust the fee rate in the franchise agreement with Excel Energy. Brian Stumpf asked how much was in the franchise fee fund and Tom Kelly indicated approximately $272,000. Brian Stumpf asked if any funds were being put aside for putting overhead lights underground. Clint Herbst indicated the funds could be used for that purpose. Brian Stumpf said he really questions the $190 fee for the commercial user. Susie Wojchouski said in checking on the Internet some of the cities had fees in the range of $74 for commercial users which made her feel the $190 was high. Glen Posusta said the landowner was getting hit for the cost of the street lights and that was why he brought up the franchise fee. He said many people enjoy the lighted streets even though they have paid nothing for them. Clint Herbst felt it was less of an impact on businesses to pay a monthly fee than be assessed for the cost of the light. Glen Posusta agreed that the franchise fee would be more agreeable than being assessed the cost for street lights. Lance Hoffinan, Vice-President of Wright-Hennepin Electric, stated they have 305 residential customers that will be affected fee and 7of them are small commercial users. He stated Wright-Hennepin Electric has a good working relationship with the City but that they are not in favor of the ordinance establishing the franchise fee. He said they are working hard to keep their rates low for their customer and the impact of the franchise fee will be a 3 '/% increase in residential electric bills. Wright-Hennepin Electric would prefer to see the City raise the revenue from the general taxes rather than utilizing utility companies to generate the funds. He asked that the Council approve alternative #2 which would approve the franchise agreement but not approve the ordinance establishing a franchise fee. Clint Herbst noted that Wright-Hennepin Electric runs a good operation. While he understands their position, he did not feel generating the revenue through taxes was appropriate since there are a lot of facilities such as schools and churches that utilize the lights but would not be contributing towards the cost of installing them since they are tax exempt. For that reason he felt a user fee was more equitable. He stated that the City has the franchise fee in place with Excel Energy which serves approximately 95% of the City and to be consistent is should be applied to the remaining 5% of the community. Clint Herbst said that the City could look at this again after a year or so to determine if the fee is doing what it is intended to. Bob Paschke said the franchise fee for Wright-Hennepin Electric would terminate at the same time as the Excel Energy franchise. Jay Morrell spoke saying he thought it was a good discussion on the franchise fees. He stated 6 Council Minutes: June 8, 2009 there are two commercial user areas, the Oakwood Industrial Park area and those users along Chelsea Road. These businesses use a considerable amount of energy and the franchise fee would greatly increase their bills resulting in the business user paying more towards the street lights. Glen Posusta felt the City should be doing something with the money from the franchise fee and not sit on it. GLEN POSUSTA MOVED TO APPROVE FRANCHISE ORDINANCE #498 AND FRANCHISE FEE ORDINANCE #499 WITH WRIGHT-HENNEPIN ELECTRIC WITH THE CAVEAT THAT THERE WOULD BE SOME MECHANISM iN PLACE SO THAT THE COUNCIL IS AWARE OF WHAT IS GOING ON WITH THE FEE AND WHAT THE FEES ARE SO THAT COSTS DO NOT GET OUT OF HAND. Brian Stumpf asked what mechanism would be used and Clint Herbst suggested a periodic review of the matter. Tom Perrault felt the revenue should be coming from general taxes rather the electric bill. Clint Herbst said this should be remembered when the budget comes up for consideration because you can't continue to cut the budget without coming up with other sources of revenue. Susie Wojchouski said a periodic review is really necessary. Clint Herbst questioned what is the City intended to accomplish with these revenues. The City needs to set up a plan and come up with goals or the franchise fee should be eliminated. Clint Herbst felt the first review should be sitting down, setting goals and getting an idea of cost and how long it will take to accumulate the funds for the projects. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING 1N OPPOSITION. 11. Consideration to review the application of trunk water and sanitary sewer charges as related to a building permit for JME Companies. This item was moved up on the agenda because there the property owner was present to speak on the matter. The item relates to how the City's charges for trunk water, sewer and storm sewer are to be applied against property at 1401 Fallon Avenue. Angela Schumann noted that the property owner, Jay Morrell did not receive a copy of the agenda item until today. Angela Schumann reviewed the history relating to the permit and the fees established for this permit. The property owner is disputing some of the fees charged. Staff and a representative from the Council met with Jay Morrell to go over the fees. The fees that are still in question are the charges for trunk sanitary sewer, water and storm sewer. The property owner indicated that the industrial properties were excluded from collection of these fees. Staff indicated that they had reviewed City records and found nothing indicating that this property was excluded. When the City's trunk storm sewer policy went into effect in 1997, if a property was 85% developed at that time, there would be no additional trunk charges. If it was less than 85%, trunk fees would be applied only to the area being developed. The fees for the property in question were calculated based on .82 acres but a review of the property indicates the property area maybe less than that. The City has two options: 1) Waive application of trunk fees and consider this property as fully developed or 2) Apply the trunk fee charges in a manner consistent with the 1997 policy. 7 Council Minutes: June 8, 2009 Jay Morrell spoke stating that back when the property was developed the utilities were installed by a private developed. They paid for all the services that were put in then and they did not have to pay for any more. Jay Morrell said the building that he is putting up is not connected to sewer and water so he is wondering why he is paying a trunk fee. He said the building is not putting any demand on the sanitary sewer system. His feeling is he is not using any sewer or water and therefore there should be no charges for it. Glen Posusta said he believes what Jay Morrell is being charged for is trunk storm sewer. Trunk storm water charges pay for storm sewer improvements downstream. Jay Morrell thought he was not being charged because all the runoff water was going to a retaining pond on his property. Bret Weiss responded that in 1997 the storm water trunk fee was put into place. At that time there was uproar from the industrial park area because they felt they had paid previously. There was a lot of discussion on how to pay for the storm water improvements. The area of .82 acres was used as the area being developed by JME but a portion of that lies within the area that was considered developed in 1997 when the trunk fees were established so the fee should have been calculated on something less than .82 acre. The pond on the JME property is a private pond and the City has no easement over it. Originally the trunk storm water fee was set up as an overall fee and later the City split it out between a ponding fee and the storm water portion. Bret Weiss explained the trunk fee is a charge, based on area, for the right to connect the City's utility system. SAC and WAC charges are collected when the property actually connects to the system. Trunk charges are collected because even though the property is not developed the City is reserving capacity in the system for full development of the site. Bret Weiss said the reason the City should not waive the trunk fees is so all properties are treated consistently. Jay Morrell said the point that the Council and Bret Weiss are missing is that the private people paid for the sewer and water to go in. The City did not pay anything for that improvement. Jay Morrell said there was no improvement done as far as sewer and water on Dundas. Bret Weiss said that the City has done street reconstruction which JME was not charged for. Prior to 1997 anything that was developed did not pay trunk fees since they were paying taxes all along. After 1997 if property was developed trunk charges were collected. Brian Stumpf asked about the deep trunk sewer line along Fallon Avenue. Bret Weiss said there would be no lateral charge because JME gets their sewer and water service off of Dundas Road and if he has paid trunk charges he would not be charged again. Jay Morrell contended that the development was accepted by the City so he questions why there would be fees 20 years later. The Industrial Development. Committee agreed that the area designated in the map supplied in the agenda packet was the area that was developed. Jay Morrell said no one the Industrial Development Committee spoke for him. Jeff O'Neill said the City had infrastructure that was needed and downstream improvements to be made so the City set up the trunk fees as a means to pay for this. Glen Posusta asked how Bill Tapper was handled when he added on to the Genereux building. Angela Schumann said the application of trunk charges in this case would be consistent with what happened to other sites. Jay Morrell said the City is burdening newly developed property with these charges. Brian Stumpf suggested that may Jay Morrell, staff and maybe someone from the Council should meet again. 8 Council Minutes: June 8, 2009 Jay Morrell had indicated to staff he was in agreement with all fees except the trunk fees. The only fee that would be removed from his permit cost would be the excavation fee of $30. The only fees still in question are the three trunk charges. It is proposed that trunk water and sewer fee and only the basic storm trunk fee would be applied and the charges would be applied to something less than the .82 acres originally used. This would reduce the fees from $16,660.64 to $7,181.68. Jeff O'Neill said what the Council needs to act on is how the policy is applied. Glen Posusta said he is willing to do whatever the City did with Bill Tapper's expansion. Bruce Westby said the current area to be used for calculating trunk fees would be .5 acres. Clint Herbst said it is difficult for the City to deviate from what the policy that was applied to other properties. Jay Morrell said the adopted lot line and plan was approved in the 1980's and now the City comes backs and tacks on storm water and other trunk fees. Jeff O'Neill said because an approval was given years ago doesn't change how the policy should be applied. Jay Morrell said in 1988 it was considered developed property for the full 10 acres and the reason that was done was because of the parking lot. Bret Weiss said the map shows what property was developed. Jay Morrell said it was a matter of semantics. Bret Weiss said if there was grass on the property it was considered as undeveloped and this interpretation was applied to all properties in the area. Clint Herbst said it is very difficult to treat someone else differently. Based on .5 acres the storm water fee would be $1,622.50; trunk water fee $1,133.50 and trunk sanitary sewer $1,532.50. The trunk fees plus the other building fees totals $7,181.58. Jay Morrell questioned paying over $7,000 in fees for a building valued at $200,000. He didn't think that would attract any business to Monticello. Jay Morrell said the building cost him $126,000. Brian Stumpf asked if there was documentation of the $126,000 value why are they paying on a building value of $200,000. Clint Herbst said the City would be looking at the building permit fees in the near future. Brian Stumpf agreed the City should go through the fee structure and if any changes are made to the to the fee structure the City should reimburse JME. BRIAN STUMPF MOVED TO APPLY THE REDUCED FEE AMOUNT OF $7,181.58 FOR FEES FOR THE BUILDING PERMIT FOR 1401 FALCON AVENUE AND IF THERE ARE ANY CHANGES TO THE FEE SCHEDULE AFTER COUNCIL REVIEW OF THE SAME THE CITY WOULD REIMBURSE JME THE DIFFERENCE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of auulyins the deferred assessment for Lots 1, Block 1 River View Square to the lots in the newly created River View Square Second Addition. Tom Kelly explained what the assessment was for and how the assessment was going to be applied to the newly created lots. The sale of the property was a condition that released the deferment of the assessment. The assessment will be appear on the 2010 taxes running for a period of 10 years at 4% interest as set forth in the assessment agreement. BRIAN STUMPF MOVED TO APPROVE CERTIFYING THE ASSESSMENTS FOR THE CSAH 18/I-94 INTERCHANGE PROJECT FOR LOT 1 AND LOT 2, BLOCK 1 RIVER VIEW SQUARE SECOND ADDITION UNDER THE TERMS OF THE ASSESSMENT 9 Council Minutes: June 8, 2009 AGREEMENT AND IN THE FOLLOWING AMOUNTS: LOT 1 $18,838.14 AND LOT 2 $45,013.36. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of adopting an ordinance amendment establishing a franchise agreement with CenterPoint Energy. It was explained that this is a housekeeping matter since the previous franchise agreement had expired. The proposed franchise ordinance was merely reinstating the franchise agreement. Jeff O'Neill indicated that at a future meeting the Council maybe asked to consider establishing a franchise fee. CenterPoint Energy is in agreement with the terms of the franchise ordinance. Clint Herbst stated he would not like to see a fee coming forward with this franchise agreement. He did feel the discussion at the meeting about hidden fees was good for the Council to have. GLEN POSUSTA MOVED ADOPT ORDINANCE #500 GRANTING CENTER POINT ENERGY ANON-EXCLUSIVE FRANCHISE TO USE THE RIGHT OF WAY. TOM PERRAULT SECONDED THE MOTION NOTING THE ORDINANCE DID NOT INCLUDE ANY FRANCHISE FEE. MOTION CARRIED UNANIMOUSLY. 12. Department Head Report -Community Development: Development Listening Sessions. Community Development Director, Angela Schumann reported on the listening sessions held between staff and developers. Staff felt the sessions turned out well. The City is trying to improve the development process. Staff realizes that development in 2009 is different from previous years and that the City must be flexible and adjusts to the changing reality. Brian Stumpf felt the one-on-one sessions were good for the developers as it was a more relaxed and informal setting. Tom Perrault asked about input from Trison, the developer of Hillside Farms and about possible changes in housing size and design within the development. Angela Schumann indicated that the developer of the Featherstone Addition maybe considering adjustments in the sizes of lots and building but Trison has not indicated what changes, if any, he would be making in the development. Clint Herbst said the City has to be considerate of carrying out the terms of the development as it impacts those residents already living there but he didn't feel the residents should be blind to what is going on in the markets. Although homes maybe smaller amenities are still important. Added Items: Tree Trimming -Susie Wojchouski brought up the need to trim some pine trees at Elm Street and County Road 39. These trees impair visibility of traffic on the roadway. Bob Paschke will look into this and determine if the trees can be relocated. School Boulevard: A resident commented to Tom Perrault about the speed limit sign being placed on the road. The resident felt 40 mph was fast especially with children present. The question was raised whether the speed limit for when children were present could be applied all the way down School Boulevard or just in the area of the school. It was noted School Boulevard is a wide street, 44' curb to curb and was meant to carry significant traffic. Glen Posusta felt the stop sign at Pioneer Park slowed 10 Council Minutes: June 8, 2009 traffic down considerably. Clint Herbst didn't agree with placing additional speed limits signs on the street as the road was designed to carry traffic. Bruce Westby said the stipulation for use of a different speed limit when children are present is limited to area adjacent to school property or if you have a designated school crossing with advanced warning sign in the area. Clint Herbst said there is a need for more enforcement. Bruce Westby informed the Council that Sheriff Miller will be present at the June 22, 2009 meeting to address the annual report for the Sheriff s Department and other issues. He also added that Sgt. Anderson read through the minutes relating to traffic and speed on River Street and has personally visited with some of the residents who had comment on traffic conditions. Disc Golf A resident complained about disc golf at the Par West Park. The discs often land in the residents' yards. People are trespassing on property in order to retrieve the discs. Jeff O'Neill said he has talked to Tom Pawelk the Park Superintendent about the possibility of re-aligning the baskets. Blights: Clint Herbst received a call about parking of recreational vehicles and revisiting the ordinance relating to this. He thought when they adopted the present ordinance the City was going after junk cars and was not trying to become the recreational vehicles Gestapo. He felt people need to be able to store their belongings where there home is. Angela Schumann reported that because of the volume of citations issued this item was going to be brought back before the Planning Commission. They are looking at conducting a workshop to review the present ordinance which was adopted in 2007. Ordinance: Jeff O'Neill reported that the City Attorney has prepared an ordinance relating to use of four wheelers on City streets for Council review. Clint Herbst said the parties interested should take time to determine if they are can and are willing to comply with the provisions of any ordinance. 13. A~proye payment of bills for June. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 9:55 P.M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 11 Monticello Library Report dune 2009 • We've been busy, circulation statistics (number of items checked out) for March, April & May were 53,073. Wireless users (patrons bringing in their own laptops) averaged 96 connections per month, in addition our 6 Internet stations have been constantly busy from open to close. • Branch staff in March attend ECFE Family Day. Over 250 families visited their craft table and received information about GRRL and Monticello Library services. • Branch staff in April visited over 400 second graders at Little Mountain Elementary, Pinewood Elementary and Swan River Montessori with stories and handouts promoting the Summer Library program, Be Creative @ Your Library. • Branch staff in June will participate in Monticello's" Walk n' Roll," distributing monkey bookmarks and library information. • We have over 400 children participating in the Summer Library program and it only started last week! We have a great group of teen volunteer helping us work with the children going through the program. We are offering 2 sessions of the Artsy Smartsy Club, a preschool story time running weekly through August. The Picasso Gang, for older kids, will be starting weekly in July. Magician Brodini, sponsored by GRRL, was here last week and entertained over 140 kids. Forthcoming summer events are the Wonder Weavers, Johnny Pineapple, Mad Science of Minnesota, Stampin' Up, Magician Matt Dunn, Creature Encounters and St. John's Arboretum, Art in Nature. • The Friends received the Minnesota Book Awards author event funding. This will allow us to host an award winning Minnesota author at no cost! • Lighting situation has been resolved. Budget constraints put signage on hold. • GRRL's website has been redesigned. Monticello has our own webpage with location, hours, & activities. • GRRL restructure update. Mic Golden Debra Luken Branch Manager Council Agenda: June 22, 2009 SA. Consideration of approving new hires and departures for MCC, Liquor Store and City Hall. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Liquor Store and City Hall. It is recommended that the Council officially ratify the hiring/departure ofall new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Krysta Mitchell WSI/Life Guard MCC 05/27/09 PT Shelley Makovec Liquor Store Clerk Liquor 06/02/09 PT Vicki Leerhoff Receptionist City Hall 06/04/09 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Kayla Brown Voluntary MCC 06/04/09 PT Irina Lindahl Involuntary MCC 06/02/09 PT council employee list.xls: 6/10/2009 City Counci16.22.2009 B. Consideration to appoint Chris Kruse to the Industrial and Economic Development Committee (IEDC): Background: Staff was contacted by Chris Kruse requesting to be considered as a new member to the IEDC. Chris has an economics background and owns Edward Jones business located in downtown. He lives in St. Michael with his family and moved his financial business to Monticello in 2006. According to the IEDC Organizational and Membership guidelines, membership is limited to 16-18 members. Current membership consists of 12 voting members. Membership guidelines also stipulate newly appointed members shall serve an initial three year term. Alternate Actions: 1. Motion to approve the appointment of Chris Kruse for a three year term starting August 1, 2009 and terminating December 31, 2012. 2. Motion to deny the appointment of Chris Kruse. 3. Motion to table item for further information. Recommendation: The IEDC reviewed the request at their June 2, 2009 meeting. The committee recommended the City Council approve the appointment of Mr. Kruse to the Industrial and Economic Development Committee (IEDC). Supporting Data: None. Council Agenda - 06/22/2009 5C. Consideration of approval of final payment for City Proiect #2006-32C, Construction of Monticello FiberNet Head End Building. (B.P.) A. BACKGROUND INFORMATION: City Project #2006-32C, Monticello FiberNet Head End Building has been completed. The final total of the project is $584,145.45, including the retainage held in the amount of $86,055.30. Payment of this retainage shall represent final acceptance of the project, and begin the warranty period. In accordance with the contract documents, based on on-site observations and the data comprising this project, the architect has certified to the City of Monticello that to the best of the architect's knowledge of information and belief that the work contracted has been completed as indicated, the quality of the work is in accordance with the contract documents and the contractor is entitled to payment of the retainage held in the amount $86,055.30 certified in the contract documents. a. Budget Impact: $86,055.30. b. Staff Workload Impact: None. B. ALTERNATIVES: 1. The first alternative is to approve final payment for City Project #2006-32C, Monticello FiberNet Head End Building. 2. The second alternative would be to not approve final payment. C. STAFF RECOMMENDATION: It is the recommendation of City Staff that the Council approve final payment for City Project #2006-32C as outlined in Alternative A. The contractor's work has been completed and inspected by the architect and staff which meets quality, standards and our expectations. D. SUPPORTING DATA: Copy of Pay Application #7. ~ M a~ O V ~~ W V -a ~~-!~ ll~~'~~ ipA~ ~~ Iti Iz .O . ..~ ^ a z 0 ~ 0 9 F- ~ ~ x a ~ d ~ U rn 0 ~~ N ~ o C} g ~ dI en v ,~ e rv r ., ~ 'v' ~ o ~t •y ~ a © ~ ~ ~ u ui ~ O o ~ o ~ ~ z p.. Q U a ~ Z ~ O a ~ ~ a w ~ ~',~~. C o~ o ar~.~ 4 ~fOr yam. ~_ ,ar V ~ g~ M ~ ov~~ ~ u~ ~ '~~~ V u~i a 3 0 ~ ~~`~~ Q ooWG Q tvn p ~U+°~ u F.: ~ ~~, 0 w s-~,~ i ~~~ UQ?~ a„o w y ~=~ n O Ld' ~ M Q~Q ~~~ F•° u~ z ~' ~ Q G~ 1x... 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This person will use Matt's comprehensive knowledge to ensure that consistency and accuracy are maintained, including sending reports to the state PCA and Health Departments, and to supervise the Water & Sewer Department in Matt's absence. Matt is extremely busy performing his duties and many times assists in the duties of his subordinates. If someone is on leave or if something needs to be done, he will do it himself due to being short staffed in the Water & Sewer Department but he still has management responsibilities and stays until everything is complete. However, when Matt is on a fire call, personal leave or medical leave as he had been for a sports injury; there is no back up and/or no responsible Sewer & Water Department representative. The department will function for a period of time but a foreman can bring the crew to congruency, as the Street Department currently does. Matt also takes a weekend duty every month and carries the pager every working weekday/ evening. The weekday pager duty would be rotated with the foreman to free up Matt every other week so Matt can have some personal free time which will prevent employee "burn out". Matt is approaching retirement which responsible planning on management's end should prepare for the inevitable, whenever that might occur, we should have an available, knowledgeable and experienced on-staff candidate for the superintendent position. Being on the Fire Department poses risks as well, for instance, if a call of duty occurs during an important occasion, Matt's absence could adversely cripple the department's ability to perform, and god forbid if injured in the line of fire duty we would have a loss of monumental knowledge. The Personnel Committee has been approached and approves the Water & Sewer Department Foreman position. Internal interest is shown to occupy this title. a. Budget Impact: This position would be funded through the City's Water and Sewer Utility Funds. However, this position was not included in the 2009 Budget for these two funds. Current water and sewer rates cover expenses for operations of these systems and part of the depreciation. By creating this position less of the depreciation would be covered by the current rates and it would have a minor effect on future rates. In addition, the rotation of the pager could increase the amount of overtime based on the frequency of the new position being paged out on evenings and weekends, but again the current rates could absorb this expense. As directed by the Personnel Committee the person promoted to the new Water & Sewer Department Foreman position would be a Grade 10 position. Based on all three of Water & Sewer Department employees, with a current hourly rate of $23.79, Grade 9 -Step 8, and the new position at Grade 10 -Step 7 with a rate of Council Meeting - 06/22/2008 $24.52, this would result in an increase of $1,518 per year (2080*$0.73). If the start date was July 1, 2009 it would cost the City approximately $875.00 for the remainder of this year (including wage increase, PERA and FICA/Medicare). b. Staff Workload Impact: Internal training of responsibilities will be an ongoing task which will not impact performance of the department. B. ALTERNATIVES: 1. The first alternative is to approve the establishment of Utility Department Foreman, and authorize appointment of an internal employee to this new position 2. The second alternative is to not establish a Utility Department Foreman at this time. C. STAFF RECOMMENDATION: It is the recommendation of staff to establish a Utility Department Foreman and to promote an internal employee to this position. D. SUPPORTING DATA: Copy of Water & Sewer Department Foreman Job Description. Water/Sewer Collection Foreman City of Monticello Title of Class: Water/Sewer Collection Foreman Effective Date: June 3, 1996 Revised: May 22, 2009 DESCRIPTION OF WORK General Statement of Duties: Performs routine supervisory and skilled maintenance and equipment operations work involving the water distribution and wastewater collection systems for the City; performs related duties as required. Supervision Received: Works under the general supervision of the Water & Sewer Collection Su}~erintendent and general direction of the Public Works Director. Supervision Exercised: Provide technical work direction to Water/Sewer Collection Operators and seasonal and summer help. TYPICAL DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Assigns work to Water/Sewer Collection Division personnel and establishes priorities within general work priorities established by the Superintendent. * Plans job requirements (equipment, materials and personnel) in concert with the Superintendent; makes field decisions as appropriate. *Evaluates facilities and equipment and makes recommendation to the Superintendent concerning changes, cost savings or improvements. *Ensures staff are abiding by City and Department policies and procedures; provides some training and coaching and recommends skills development. *Ensures personnel are working productively and safely and equipment is properly operated and maintained. *Oversees and participates in the work of Water/Sewer Collection Operators, seasonal and summer employees. WATER: *Inspects and monitors city wells; computes daily pumpage and sets reservoir and water tower pumping levels, takes draw downs and collects and tests water samples. *Monitors and adjusts chemical feed pumps; maintains fluoride, chlorine, and polyphosphate levels in city water system. *Responds to water leaks, determines who is responsible and repairs those in which the City is responsible. *Maintains and repairs fire hydrants including moving, painting, raising and lowering hydrants and preparing hydrants for winter. *Performs general maintenance to water tower and pump house buildings. Water/Sewer Collection Foreman City of Monticello *Installs and calibrates water meters on new and existing structures; cleans and repairs water meters; reads water meters. *Performs water main connections and turns water on and off as needed. *Inspects, locates and pressure tests residential, commercial and industrial water services and water mains. *Establishes temporary residential, commercial and industrial water services. *Drain and clean reservoir and water towers periodically. *Operates control panel to switch wells and set proper sequence as directed. SEWER: *Inspects and locates sanitary sewer lines, sewer mains and service connections including pressure testing, cleaning and televising sewer services. *Inspects. locates and televises storm sewers. *Maintains sanitary sewer mains, including jetting and mechanical rodding, removing roots and applying odor control chemicals. *Inspects and monitors lift stations, calibrates pumpage. *Performs maintenance on lift station and lift pumps including inspection of floats, alarms and dialers, valves, seals, changing oil on pumps and cleaning lift stations. *Removes and changes pumps as needed, cleans and unplugs pumps. GENERAL: *Raises and lowers utility gate valves, including: exercising valves, patching around utility hole and gate valves, removing debris from catch basins, placing cones or barricades around hazards, etc. *Repairs utilities as needed including sewer lines, water lines, sprinkler lines, standpipes, gate valves utility holes, etc. *Locates utilities for commercial businesses and assists with locations for residential property as needed. *Performs sidewalk repair, removes cement and preps area for sidewalk, curb and street. *Irspects, performs preventative maintenance and minor repair of department vehicles. *Operates front-end loader, pickups and dump trucks to remove snow from city streets, municipal parking lots, and alleys during winter; operates sander and applies salt to roadways, sidewalks, and municipal parking lots. *Operates a variety of light and heavy equipment, power tools and hand tools to perform the work. *Trims and waters trees, plants and removes trees and shrubs, uses a chainsaw to cut logs and removes brush. *Establishes and maintains designate turf areas by seeding or laying sod, mowing and weed removal and pruning shrubs; applies fertilizer and weed killer as needed. *Performs miscellaneous maintenance, construction and repair work as needed on city buildings and property including carpentry, plumbing, pouring concrete and concrete block, welding, minor electrical maintenance, painting and staining, sheetrock and taping, etc. *Notifies Superintendent when inventory is running low and purchases miscellaneous parts, supplies and materials as needed; provides input on equipment purchases. *Assists in proofing maps and filing TV reports. *Installs and repairs proper informational, directional, regulatory and warning signs. *Performs miscellaneous cleaning, maintenance and repair work as needed. *Winterizes buildings and sprinklers to keep pipes from bursting. Water/Sewer Collection Foreman City of Monticello *Keeps accurate records of maintenance and repairs. *Recommends costs savings or operational improvements to the supervisor. *Responds to emergencies during off-duty hours and works on-call as needed on weekends. *Assists other city departments as directed. Performs other duties as needed or assigned. KNOWLEDGE, SKILLS AND ABILITIES *Considerable knowledge of equipment, tools, operations and standard practices used in water and sewer collection operations. *Considerable knowledge of the occupational hazards and safety precautions necessary to perform manual and maintenance work with water and sewer collection systems. *Working knowledge of the traffic laws, ordinances, and regulations involved in equipment operations. *Working knowledge of the operation of a Class C water facility. *Working knowledge of federal and state laws, municipal ordinances and regulatory requirements for water facilities and collection systems. *Working knowledge of the repair and maintenance of bituminous and concrete surfaces. *Considerable skill in the operation of light to heavy equipment, power tools and hand tools used in the work. *Considerable skill in the repair and maintenance of water and sewer collection systems and facilities. *Working skill in building and grounds maintenance, including carpentry, plumbing, pouring concrete and concrete block work, welding, basic electrical, painting and staining, sheet rocking and taping. *Considerable ability to analyze repair and/or maintenance problems and determine appropriate solutions. *Considerable ability to assign and prioritize work and motivate employees to work productively as part of a team to accomplish the work. *Considerable ability to enforce policies and procedures. *Considerable ability to establish and maintain good working relationships and communicate effectively with City staff and the general public. *Considerable ability to follow oral and written instruction, prioritize work and perform duties independently. *Considerable ability to use large motor skills to perform manual and maintenance work, involving regular bending, moderately heavy to heavy lifting and carrying, digging, twisting, turning, climbing and maintaining balance, crouching, standing, walking, reaching, working at heights or depths of over 10 feet and pushing and pulling. *Working ability to regularly work outside including in inclement weather and temperature extremes. *Working ability to work with and around chemicals and fumes. *Working ability to read, interpret and follow construction plans and blueprints. *Working ability to use stationary and hand power tools for cutting, drilling and planing of wood or metal. Water/Sewer Collection Foreman City of Monticello MINIMUM QUALIFICATIONS Must possess a valid Minnesota Class B Driver's license with a tanker endorsement and have two years of water distribution and/or or sewer utility collection system maintenance experience including light or heavy equipment operation.. Education in a related field can substitute for up to one year of required experience. Class C Water and Sewer license required. *Asterisked duties are essential to the job. Council Agenda: June 22, 2009 SE. Consideration of approving appointment of Beth Metzger to fill vacancy on Library Board. (JO) A. REFERENCE AND BACKGROUND: With the resignation of Claudia Tollefson there is a vacancy on the Library Board. The Library Board has been recruiting for applicants and has selected an individual they feel will work well. The Library Board is asking the Council to approve the appointment of Beth Metzger, 3611 Brentwood Drive to fill Claudia Tollefson's position. B. ALTERNATIVE ACTIONS: Approve the appointment of Beth Metzger to fill the position vacated by Claudia Tollefson. 2. Do not approve the appointment. C. STAFF RECOMMENDATION: Staff feels it is important for all of the City's commissions to have the full complement of members and therefore recommends the appointment of Beth Metzger. D. SUPPORTING DATA: None Council Meeting - 06/22/2009 SF. Consideration of approving quotes for stucco surface improvement, replacement of three doors and one window at the Monticello DMV/Food & Clothing Shelves. (B.P.) A. BACKGROUND INFORMATION: The DMV building is constructed of 12" non-insulated block. The exterior has had improvements attempted in the past by parting and replacement of almost all of the windows. Removal of garage doorways and blocking up of openings has left an inconsistent appearance. Some nitrification of the block and joint work is evident. The best solution to seal cracks and regain composition would be to stucco the exterior. The Building Department has inspected the doors and suggests the replacement of three (3) doors and frames. One remaining window is a single pane, non-insulated low efficiency with casing that is not consistent with all other finishes, and it should be replaced. Energy savings will be realized within a few years. Four contractors were contacted for quotes on stucco, to date two contractors have returned quotes and one returned a letter declining to quote. The lowest stucco quote is for $29,950.00, including decorative borders imitating the city logo of the bridge fence imposed into the stucco, similar to the exterior entrance to city hall on Walnut Street. This is listed below as two deducts in the alternatives which are for the choices Progressive Stucco offers. The next stucco quote was from Dr. Stucco in the amount of $41,000.00 with an additional fee for the decorative border. The low quote for window and door replacement is from Ras Glass in the amount of $4,921.00 versus Structural Glass Products quote in the amount of $7,800.00. This is for replacement of three (3) doors with the jamb and one (1) window all aluminum clad to match existing on the building. If council would approve the removal and replacement of the remaining single door on the Clothing Shelf north side all single doors that are commonly used would be updated and uniform. Ras Glass could install this for an additional $1,210.00; this amount is not included in any bids or the alternatives of this agenda. Remaining exterior improvements are an air lock entrance, minor sanding, painting, maintenance of remaining doors and a canopy the Public Works Department salvaged from the old bowling alley for the back door of the DMV. Replacement of the DMV sign will be by Public Works this winter when our skilled personnel have time available to create something suitable. a. Budget Impact: The exterior budget of $80,000 is currently at +$77,892.48 due to the installation of donated windows. The exterior improvement quotes range from $34,871.00 to $32,171.00 depending on decorative border, with the higher range used, the exterior budget will be approximately +$43,021.48 to complete the remaining exterior improvements. For the interior remodel so far we have spent $6,899.21, that does not include the counter (bid was $10,800) or the carpet and the that was recently installed this week (bid was $3,050). So we have about $20,749.00 spent so far not including staff time on the interior budget. b. Staff Workload Impact: 4 hours to re-frame and tape the interior donated windows. Council Meeting - 06/22/2008 B. ALTERNATIVES: 1. The first alternative is to accept the lowest stucco quote of $29,950.00 from Progressive Stucco which includes a decorative border on all west and south walls. Secondly the lowest quote of $4,921.00 from RAS Glass for three (3) doors and jambs and one (1) window all aluminum clad to match existing. 2. The second alternative is to accept the lowest stucco quote of $28,726.00 which deducts the decorative border on the west and south walls of the Food Shelf. Secondly, the lowest quote of $4,921.00 from Ras Glass for three (3) doors and jambs and one (1) window all aluminum clad to match existing. 3. The third alternative is to accept the lowest stucco quote of $27,250.00 which deducts all of the decorative borders. Secondly the lowest quote of $4,921.00 from Ras Glass for three (3) doors and jambs and one (1) window all aluminum clad to match existing. 4. The Fourth alternative is to leave the DMV exterior as is. C. STAFF RECOMMENDATION: It is the recommendation of staff to accept the first alternative to accept the lowest stucco quote of $29,950.00 from Progressive Stucco which includes the decorative border on the west and south walls, and the lowest quote of $4,921.00 from Ras Glass for three (3) doors and jambs and one (1) window all aluminum clad to match existing. D. SUPPORTING DATA: Copy of quotes from stucco contractors; Copy of letter declining opportunity to quote; Copy of quotes from window contractors. a(~ah PROGRESSIVE STUCCO 1NC. 17610 , 229`h Avc. Big Lake, Mn 55309 7632636212 612329948 ATT: Robert Paschke Public Works Director JOB: DMV Building Monticello DATA u - ~ 2o~~y Mineral Stucco :.....................Lath over blocks ,expansion eight feet apart, weep serer Synthetic Finnish ; four inches above ground,IIowever my opinion,weep is Stone & Pillars: not pessary on block su6straight,Apply brown coat. Change order: Finish to be synthetic ,color by owner Extra Stone: Misc: .................................C,reen Fence decor by door 82 ft........$l476.00 Green Fence decor street side,,,,,,,,,,,,,,,$l224.00 TOTAL:Stucco cost ................................$29.950.00 Draws: To be agreed upon if bid is accepted TOTAL DUl/: ~. , ~~cRESS1VE STUCCO tNC.-------------- -----------=~-----------~-------- l /l d ZLZ~I LZE9l « l bDZE9ZE9L N9S2134N3H El 50 10-90-6002 SUh'F'UHI INIi DATA 6223 Clinton Ave South Proposal Richfield, iV[N »423 612-869-2243 Fax 800-878-7139 w~vw.drstucco.com MN Lic #20323087 ~~~,~I,,~f~jgSal~~ubrrlFttedt0 '`~ 1~'. .~ ~~.~ ~ b~',Mx~st• Dace: r.;. , . ,., ~ ~ ', -:.~~~-> -~_~. ~a.~. 613/09 Name: City of Monticello Minnesota lob name: DMV building Street: Street 119E 3rd St same Cary Monticello MN 55362 Phone: 763-271-3271 Ciry,State Email address: Fax Zip bob.paschke@ci.monticello.mn.us we Hereby submit speciscations ~,d estimates for: installation ofcode-compliant weepscreed perimeter base of DMV building. Install wall top flashing to provide void large enough to accept new stucco (basic roof flashing extension for top of wall). Install 3.4 psf self furring, galvanized, expanded metal lath. Installation of expansion joints, cosmetically designed. Application of acrylic-enhanced fiber reinforced stucco basecoat. Application of acrylic stucco finish. Decorative rail to be estimated separately. 'No winter provisions included, unless stated. c612-559-9908 Contract. This Proposal constitutes an otter to enter into a contract for the labor and materials described herein. This Proposal is revoked if not accepted in writing within 30 days ofabove date. This Proposal, to be accepted, must be signed under the Acceptance clause. We will not be bound by an oral acceptance. (f property accepted, this Proposal will be a binding contract ("Contract") between you and us ("the parties") consisting of the terms contained herein. We hereby propose to furnish tabor and materials -complete in accordance with the above specifications, for the sum of: fourty-one thousand ------------------------------------ 41,000.00 ---- dollars ($ )(`'Contract Amount") Payments scheduled as follows: 25% upon acceptance 2 progress pmts. PAYNIE~iT TERMS - Payment of work completed as billed Proposal authorized by : Dr. Stucco, Inc. is due within IS days of invoice date. Balance after 15 days °,...,.,,.,,,,,,,o,,, are subject to a service char;e of LS% per month. Brad Ot)ert K =^~ ~a«~ 6/3/09 Estimator: ~ date F HAVE READ AND FULLY UNDERSTAND THE TERiVIS OF THE PROPOSAL, INCLUDING TFIE TER~[S ON THE [ZEVERSE SIDE OF THIS PACE, AND ACCEPT THE PROPOSAL. FURTHER, F ACIGYOWLEDGE THAT [ H:~VE RECEIVED A COPY OFTFIIS PROPOSAL. 13YS[GNING [iELOW, I FURTHER REPRESENT AND WARR~~NT TF[AT [ AM THE OWNER OF THE A130VGREFERENCED REAL PROPERTY; AND [FURTHER WARRANT THAT IF I A~[ PURCH.iSING THE A[30V'E-REFERENCED REAL PROPERTY ON A CONTRACT FOR DEED,1'HE NAME, ADDRESS, AND PHONE NUM6ER OF THE C_ONTRAfT vFUnnR ~ nc curni;u .c r.rnrn. Tom., ..... ,,.., I - - - I rent name: City of Monticello Minnesota acceptance s~;nature• Address e: 119E3rdSt 763-271-3271 SUPPORTING Bob Paschke From: Robert Kunz [bob@kunzstucco.com] Sent: Tuesday, June 02, 2009 8:58 PM To: Bob Paschke Subject: RE: Meet at Sam Monday June 1 Bob, It was a pleasure to meet you. Thank you for the chance to bid your work. At this time I would like to pass on bidding. Thank You, Robert Kunz -----Original Message----- From: Bob Paschke [mailto:Bob.Paschke@ci.monticello.mn.us] Sent: Friday, May 29, 2009 8:28 AM To: Robert Kunz Subject: RE: Meet at Sam Monday June 1 That works forme, see you then. ReG"z A. Public Works Director City of Monticello 909 Golf Course Road, 55362 bob.paschke anci.monticello mn us Office 763-271-3271 Fax 763-271-3272 From: Robert Kunz [mailto:bob@kunzstucco.com] Sent: Thursday, May 28, 2009 8:23 PM To: Bob Paschke Subject: RE: Meet at Sam Monday June 1 Bob, May I make the meeting on Tuesday June 2 @ 8A.M. Bob -----Original Message----- From: Bob Paschke [mailto:Bob.Paschke@ci.monticello.mn.us) sent: Thursday, May 28, 2009 3:45 PM 'Co: bob@kunzstucco.com Subject: Meet at Sam Monday June 1 Bob the DMV address is 119 east 3~d street Monticello. See you at Sam on JUNE !s~ RaG~z P. Public Works Director City of Monticello RAS GLASS, LLC 101 W BROADWAY ST P, 0. BOX 73 MONTIGELLO, MN 55362-9352 PH:(763) 295-3152 FAX:fi763j 295-3154 Cult State Tax ID: Lust Fed Tax ID; Ship Ya Adv. Code PION; Taken By: Installer. SalesRep:. Biil To: MOB MONTICELLO CITY OF 505 WALNUT STREET SUITE 1 MONTICELLO, MN 55362 763-271-3289 rv141 1 V. NIVIr f I~.r1 1 1 BOB PASCHKE DMV REMODEL 1 COIVIM-Sect 8810 Glas.{2) NARR01rV STYLE DOORS & FRAMES - 391l2 X 82 SPECIAL HEfGHT 1 COti1M-Sect 8810 Gias{1) NARROW SME DOOR 8< FRAME - 39 1!2 X 85 3/4 STD HEIGHT 1 COMM-Sent 8810 GtasSTANDARD LOCKING -- 1 if2 6UTTS -- 10" BOTTOM RAIL --NORTON CLOSERS - DROP PLATES -SWEEPS t COMM-Sect 8810 GIas.LOW E 1" OA TEMREREO INSULATED GLASS -BRONZE FINISH - t DOOR TO BE INSULATED PANEL (NO GLASS) 1 COMM-Sect 8810 Gias**ADD ON PER DOOR FOR PADDt_E 1 COMM-Seca 8810 GtasREAR DOOR (DMV NORTH) ONE WAY TEMPERED SAFETY GLASS 1 COMAA-Sect 8810 GIas9& X 48 3l4" FLUSH GLAZED FIXED WINDOW (FOODSHELF WINDOW EAST] Note; CENTER MULLION 2 LITES 1 OF WHICH lS TEMPERED AS REQUIRED t3Y CODE LOW E GLASS 1' ""MAT E R tAL/TAX!(NSTALL $9985.00 0 S398b.00 S3ta85,OQ $0-Q0 0 $0.00 ~Q.Oa so.oo a $a.oo so-oa Saoo a ~o.ov so.oo $o.oo o ~o.ao ao.oo $256,Ot7 0 $256.00 $256.00 $680.OU 0 $880.00 $880.00 Sub Totaf: Tax: ~~~~ ECOPY Federal Troc 19: 27-015,9:i8Q QuoEe: 0003586 Date: Sf18l20t)9 Time; 11:57 AM $4921.00 ~a. o0 Dua on recei Total: $4921.00 Ras class, LLc 101 W BROADWAY ST P.O. BOX 73 IIAONTIGELLO, MN 55362-9352 °H:(763} 295-3152 FAX:(7&3j 295-3154 r~~~: Cust State Tajc II3: Taken By: Cust Fed Tax (d: Quote: 0003645 Installer. Ship ~a Date: 6/1 812 0 0 9 SalesRep; ___ _ Adv, Code Time: 11:58 AM BiR To. MONTICITY _ .~„ V ~~~-~-~ 3oid To: MOMTICtTY _ '" MONTtCEtt_O CITY OF DMV REAAOdEI ,_ 505 WALNUT STREET SUITE 1 MON7ICELLO, MN 55362 783-271-3289 ~ ra,s ivumver D9-3Cl?ptf011 1 COMM-Sect 6810 Glas'*;OPTION"`'" DOOP, FOR FOODSE~ELF X1210.00 0 $1210,00 $1210.00 Sub Total: $1210.00 Due on receii Tot81: Tax: $0.00 $1210.00 DATE: 6/16/09 TO: CITY OF MONTICELLO ATiN: BOB (763) 2713271 PHONE (763} 271-3272 IrAX • lu~- SGP STRUCTURAL GLA55 PRODUCTS, INC PROPOSAL PROTECT: MONTICELLO - DMV BUII,,DING BASE BID: $7.600 rs><vnv 7'1iOL1gAND cnr RinvnRFU DOLLAR.4.1 1. F[JRNLSH ANb IlVSTALL THE FOLLOWING: a. QTY, (1) EN'T'RANCE ELEVATION EXTERIOR i. SOUTH DMV -'/ GLASS b. QTY. (I) ENTRANCE ELEVATION EXTERIOR L NORTH DMV -'fa GLASS a QTY. (1} ENTRANCE ELEVATION EXTERIOR i. EAST -FOOD SHELF - Y: GLASS d. QTY. (1) WINDOW ELEVATION EXTERIOR SUPPORTING DATA i APPX: 96" X 48-3/4" Z• WIlVDO'R' SYSTEMS 'WILL BE USING YKK AP DARK BRONZE ANODIZED FTNISF>: EXTERIOR WINDOW SYSTEM WILL BE YKK AP YES 45 TU 2^ X 4-1R" THERMALLY BROKEN CENTER GLAZED SYSTEM. 3. DOORS WILL BE MEDIIIM STILE YKK AP DOORS WITH 10" BOTTOM RAIL AND 5TD. HARDWARE PACKAGE (LCN CLOSERS, DOROMATIC EXIT DEVICES, STD. WF.ATHERSTRIPPiNG,SblEEPS, THRESHOLD) 4. GLA55 Wll,l; BE 'O5ING OLD CASTLE GLASS ALBERTVILLE, PPG PRODUCTS. L GLASS WILL BE 1" O.A. CLEAR LG. W/LOW 'E' f~3 SURFACE -(TEMPERED WHERE REQUIItED) 5: CAULKING AT EXTERIOR WINDOWS WILL BE DARK BRONZE DYMONIC FC (AT ALY7biIN'i7M FRAMIl~fG ONLY) 6. 'DEMOLITION AND TEAROUT OF EXLSTING WINDOWS DURING NOR:i~IAL BIISINESS HOURS -SEE THE ''I "'' 'FOLIOWIl~1G DESCRIPTION: a , WE~ARE NOT RE5PON5IBLE FOR ANY FINLSH WORK ON THE INTERIOR OF THE BUILDING DUE TO . IM ! plf all II'. I~r. ly >DAMAG& MADE :BY REMOVING EXISTING WINDOWS b THIS DEMOLTTION~EXCLUDES PROVIDING DUMPSTERS ON SITE FOR REMOVAL OF MATERIAL ~i ~I ii.l~-,: ' t!I:~~~~Yflf W4-I~I~IIf ADD/ALTERNATES. ~. ~!I{ ~I ~. I i~~, iYii~a[l.'~i ii~~(i!:I~~~~i~F~ y ~; 5200 ADD ' TU.PROVIDE SPANDREL GLASS AT NORTH DMV ENTRY ~.:~ ~ ~ Ipy;,,,.,, 507 2nd Av©. N.E., Buffolo, Minnesota 55313 ,, P (703)682-5430 / F (763) 684-1951 wwwstructuroteiassproduds.com Council Agenda: June 22, 2009 SG. Consideration of approving contribution of $7000 from Land of Lakes Choirboys for Fire Department equipment. (TK) A. REFERENCE AND BACKGROUND: The City has received donation of $7,000 from the Land of Lake Choirboys to be used to help defray the cost of an infrared camera for the Fire Department As required by state statute, if the City accepts the donation of funds, the City Council needs to adopt a resolution specifying the amount of the donation and its use. B. ALTERNATIVE ACTIONS: Approve the contribution and authorize use of funds as specified. 2. Do not approve the contributions and return the funds to the donors. C. STAFF RECOMMENDATION: Staff recommendation is to adopt the resolution accepting the contributions. D. SUPPORTING DATA: Resolution No. 2009-36 City of Monticello RESOLUTION N0.2009-36 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Land of Lakes Choirbo s Cash Contribution $7,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed bylaw; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Land of Lakes Choirboys Cit of Monticello Fire De artment E ui ment Adopted by the City Council of Monticello this 22nd day of June, 2009. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator Council Agenda: 6/22/09 Consideration of adoption of a letter of support for 2009 Department of Natural Resources Metro Greenways Grant request as related to acquisition of Bertram Chain of Lakes property. (AS) REFERENCE AND BACKGROUND The City of Monticello and Wright County continue to actively pursue all available State funding options for the phased acquisition of the Bertram Chain of Lakes Regional Park. As the Council is aware, future land purchases at Bertram depend on a model that includes a third of the acquisition cost coming from State of Minnesota sources. As another component of a coordinated State financing approach, Council is asked to consider approving a letter of support for the City's application to the Department of Natural Resources Metro Greenways program. In 2008, the Bertram Chain of Lakes project was awarded $200,000 in funding from this program, which was used to purchase the first 319 acres of property at Bertram. Please note that entering a request for funding via the grant program does not obligate the City to accept the grant, but does indicate an intent to contribute a 50% in-kind or cash match if accepted. The City's funding of this match would be coordinated in tandem with Wright County, consistent with the approved Memorandum of Understanding and agreement with Wright County. Approval of this resolution would be consistent with previous action of Council to support working cooperatively with the County in funding this purchase. STAFF IMPACT The City of Monticello is applying for the 2009 grant on behalf of Wright County and the City of Monticello. The Community Development Department is completing this application. BUDGET IMPACT If the request for 2009-2010 State appropriations is successful, the City and County would then consider moving forward with a second purchase. The size of the acquisition would depend on the funding allocation amount. If the appropriations include all or part of the remaining State share of the purchase cost, the City's share of the match would be fulfilled under the existing partnership with Wright County. This partnership allows the City to continue making annual payments to the County in an amount not to exceed $475,000 until the acquisition cost is paid in full. ALTERNATIVE ACTIONS Motion to adopt a letter of support for application to the Department of Natural Resources Metro Greenways Grant program for the Bertram Chain of Lakes project. Council Agenda: 6/22/09 2. Motion to deny adoption of a letter of support for application to the Department of Natural Resources Metro Greenways Grant program for the Bertram Chain of Lakes project. 3. Motion to table the matter. STAFF RECOMMENDATION Staff supports adoption of the resolution. Participation by the State is critical to the financial package for acquisition of the Bertram property. Each grant application and potential award is critical to additional acquisitions. SUPPORTING DATA Proposed Letter of Support June 22nd, 2009 Marybeth Block, Metro Greenways Program Coordinator Minnesota DNR 1200 Warner Road St. Paul, MN 55106 Dear Ms. Block: The City of Monticello is supportive of the grant application submitted by the Wright County Parks Department to the Department of Natural Resources Metro Greenways Program for the proposed acquisition of the Bertram Chain of Lakes Regional Park. The City of Monticello is also participating in this proposed acquisition not only in verbal support but also in financial support. Due to the regional significance of this project, it is our hope to receive significant state funding thru the Metro Greenways Program as well as state financial assistance through the 2010 legislative session. It is recognized that Wright County will remain one of the fastest growing counties in the State. This growth in population and the loss of natural resources associated with development make the acquisition of the Bertram Chain of Lakes area aone-in-a-lifetime opportunity. The County and City have the chance to improve the community's quality of life by preserving this irreplaceable natural area through the creation of a regional public park for active and passive recreation. With no development along the shore land, riparian areas, or within the proposed acquisition boundaries, the importance of this acquisition is a high priority in the St. Cloud to Twin Cities' growth corridor. The proposed acquisition is a joint project between Wright County and the City of Monticello and will enhance outdoor recreation and resource protection in this regionally significant area for all community members, visitors, and future generations. Sincerely: Clint Herbst City of Monticello; Mayor City Council Agenda: 6/22/09 7a/b. Review of request for City action relating to Downtown Block Party on July 8, 2009 by Monticello Downtown Business Association. (AS) The City Council is asked to consider approval of the closure of a portion of Walnut Street for the purpose of a Downtown Block Party. The request has three associated considerations: a) Approval of street closure b) Use of municipal parking lots c) Approval of temporary liquor license The Monticello Downtown Business Association is requesting the closure in order to coordinate a downtown Monticello block party, which will be promoted and held in cooperation with the downtown businesses. This public community event is proposed to occur Wednesday, July 8th, during the week of Riverfest. The event will require the closing of Walnut Street between Broadway West and Third Street. The Downtown Business Association would like the street to be closed between 9 AM and 11 PM to accommodate volunteer set-up and take-down before and after the event. The event itself will occur from 5:30 PM to 9:30 PM. A site map illustrating the proposed configuration of activities, including closure points, is included with the supporting data. As illustrated, the event will utilize the entire right of way, including portions of the boulevard in front of Walnut Street businesses in that area. The Public Works Department will take responsibility for putting up and taking down the barricades. Public Works has also contacted the Wright County Sheriff's Department. The Sheriff's Department does not have an objection to closing city streets. They have been notified of the date and time of this event so that they are able to monitor the activity. The City Engineer has also notified Wright County of this closure, as it is closed at the intersection of County Highway 75. Temporary signage signaling this closure will be placed along West Broadway/County Highway 75 during the event. The MDBA is also requesting Council approval for use of the municipal parking lots along 3rd Street for participant parking. As part of the street closure and parking lot use, the group is also seeking City assistance for providing and placing barricades, picnic tables and garbage cans for the event. The Streets and Parks Departments have been made aware of this request and have indicated that they are able and willing to comply. The MDBA has indicated that they will be obtaining insurance to cover the event and its activities with the City named as second insured. Cornerstone Cafe & Catering Co. will also have insurance coverage as they will be catering the food and serving beverages including beer. As part of the request, MDBA is also seeking Council's approval to move forward an application for permit from the State of Minnesota for a temporary one day liquor license. That request is covered in a subsequent item. The property and business owners along this section of Walnut Street have been contacted about the Block Party and support the effort. The Block Party was developed as a way to promote Downtown Monticello as a community destination for a local event that can bring people out of their homes and into the core City Council Agenda: 6/22/09 downtown of the city, sponsored by the business community and orientated to family social activities for local fellowship and gathering. Currently, City Ordinance does not address closing streets for this type of request. However, in most circumstances block party ordinances still require the closing of major internal routes (such as Walnut) to be considered by the City Council on a case-by-case basis. B. ALTERNATIVE ACTIONS 1. Motion to approve the temporary closing of Walnut Street from 9 AM until 11 PM on Wednesday, July 8th, 2009, including the use of public parking facilities and amenities, as described contingent on proper proof of insurance coverage. 2. Motion to deny temporary closure of Walnut Street. C. STAFF RECOMMENDATION: City staff supports the Downtown Association's efforts and does not object to the temporary closure. D. SUPPORTING DATA: A. Monticello Downtown Business Association Block Party Narrative B. Monticello Downtown Business Association Block Party Site Plan Topic: MDBA sponsored Downtown Monticello Block Party Date: Wednesday, .7uly 8, 2009 (5:30-9:30 p.m.) SUMMARY of EVENT: It was the intent of the MDBA (Monticello Downtown Business Association) to sponsor and coordinate a downtown Monticello block party in co-operation with the downtown businesses. This will be a community event open to the general public the week of Riverfest and will be held on Wednesday evening, July 8 from 5:30 to 9:30 p.m. The event will require the closing of Walnut Street (between Broadway West and Third Street) and the MDBA is requesting Council's approval for this. MDBA will be obtaining insurance to cover the event and its activities with the City named as second insured. Cornerstone Cafe & Catering Co. will also have insurance coverage as they will be catering the food and serving beverages including beer. MDBA will be applying for a permit from the State of Minnesota for a temporary one day liquor license if the Council elects to approve the Block Party event and the closure of Walnut Street. The property and business owners along Walnut Street have been contacted about the Block Party and support the effort. ACTIVITIES The Block Party was designed to occur during the hours of 5:30 to 9:30 p.m. so that the many commuters who reside in the Monticello area who are not available during the day can participate once they arrive home from work in the evening. Activities that will occur at the Block Part include: serving of food, pop and beer; live music with band, dunk tank, kids Moon Walk, Caricature drawings, balloons. We've also asked the Monticello Volunteer Fire Department to have a firetruck on site parked in the municipal parking lot so kids can tour it. The Block Party was developed as way to promote Downtown Monticello as a community destination for a local event that can bring people out of their homes and into the core downtown of the city, sponsored by the business community and orientated to family social activities for local fellowship and gathering. Contact Person: MDBA Board Member, Lynne Dahl-Fleming Phone: 763-295-8100; Email: LynneC~DowntownMonticello.com `~ #rt „£} u ~~ ~:, , ~~1. ~, r~.:~. ~~.~~t .. ~- ~ `, -~ ~~ c ~ ~' ~i S Ism ~ ~ Lk~I ~L.. ~. ~ qy ~ - € ~ ~. ~~ ~'~ wa m o ~ ~ ~' ~ ~, ° ~' ~~~ ~~'. ~A~ ; ~'``~ ~° i ~ `~. ~ ~ ~& ,~, r ~ :~~ r' -~,,~ h~; !T 41 Y e4 y.' ,/mow ~1. !4e ~'" { 4,;,. j!Y ~ ~ j''~ ~,, N~ } ?~ 7~, , ~' s ~~, ..£ ~~ ~~ r 2 r; ar >a ,,~ ~ ` ~~ t; ~ ICGX~„. "::. Q-i"t3aC~Wc'~~' ~ ~ v 0 O O ~, ~r ~~ O ~. O "0 .~. fD • iA~' i V 1~~ v N 0 CU 7C. Consideration of approving temporary liquor license for Cornerstone Cafe & Catering for the Downtown Block Party. (JO) A. REFERENCE AND BACKGROUND: Cornerstone Cafe & Catering is requesting a temporary liquor license covering activities at the Downtown Block Party on July 8, 2009. B. ALTERNATIVE ACTIONS: 1. Approve a temporary liquor license for Cornerstone Cafe & Catering for the Downtown Block Party being sponsored by the Downtown Business Association on July 8, 2009. 2. Do not approve license. C. STAFF RECOMMENDATION: It is recommended the City Council approve the temporary license to Cornerstone Cafe & Catering for the Downtown Block Party on July 8, 2009. D. SUPPORTING DATA: None. Council Agenda: June 22, 2009 8. Consideration of How to Use Cable Franchise Fee. (TK) A. REFERENCE AND BACKGROUND: The City has received $24,575.43 for 1St quarter cable franchise fees. Later this year the City will receive a second payment of approximately $24,575.00 for franchise fees. These funds were not included as a revenue source in the City's 2009 budget, so these funds could be used as the City Council sees fit. It could be used to help fund City operations in 2009 and absorb some of the State budget cuts. Since the Governor did not reduce the City's transition aid and only reduced our market value homestead credit, which council already approved budget reductions to account for this revenue loss, we would not need to use the funds in this manner. Also, these are one time funds and will not be available in the future to help pay operational expenses, so it would not advisable to use this revenue to fund operations. One time funds such as this provides an opportunity for the City to uses these funds or part of the funds to fund a special projects or the set the funds aside for a future projects. Part of the reason behind the cable franchise fee was for communities to use the funds to improve communications. For this reason staff you suggest placing the cable franchise fees in the City's Capital Revolving Fund as a reserve for future communication improvements. 'These improvements could include, but not limited to, improvements to the audio or video in the Mississippi Room, computer upgrades to the smart podium, improvements to City web site and/or newsletter, or purchase of electronic reader boards around the City. By setting aside the funds now it will allow staff to research possible improvements and make proper recommendation to Council for approval, which will get the City the best value for its money. Al. Budget Impact: Again this revenue source was not included in the 2009 budget and could be used to offset budget cuts from the State or to finance special projects that would not be funded in 2009 without the use of these funds. A2. Staff Workload Impact: There is no staff impact for this item. B. ALTERNATIVE ACTIONS 1. Approve the reserving for communication improvements of cable franchise fees in the Capital Revolving Fund. 2: Approve the use of cable franchise fees for offsetting State budget reductions for funding 2009 operations. 3. Approve the use of cable franchise fees for some other City project. C. STAFF RECOMMENDATION: The City staff supports, Alternative 1. D. SUPPORTING DATA: There is no supporting data for this agenda item. Council Agenda: 6/22/09 9a. Consideration of Ordinance Amendment relating to Excavation/Obstruction Permit for Public Right-of-Way and Easements. (BW) A. REFERENCE AND BACKGROUND: Currently the Excavation/Obstruction Permit for public right-of--way and easements consists of a single $50 fee for all excavation and/or obstruction permit applications, regardless of the level of impact to our right-of--way or easements. Private utilities have been requesting that the City adopt a tiered permit fee schedule allowing for multiple utility service drops on a single permit. This is because utility service drops are typically less than 200-feet in length and connect to the trunk utility within the right-of--way but extend to private property in a relatively short distance. In contrast, trunk utility lines can be hundreds or thousands of feet in length and are often fully contained within public right-of--way or easements. As such, installing service drops typically takes much less time and effort than installing trunk lines, and the time needed to review permit applications for drops is often much less too. City staff is therefore asking Council to consider approving a tiered rate for permitting multiple utility service drops through a single permit application. The tiered rate being proposed is as follows: Excavation/Obstruction Permit (lt/W & Easements) Obstruction/Trunk Utility Excavations $50 Utility Service Drops: 1 Drop $50 2 -13 Drops $75 14 - 25 Drops $100 A.1 .Budget Impact: Approval of the tiered rate above will result in a small decline in revenue for the City, but for the reasons stated above staff feels the use of a tiered rate for permitting service drops is appropriate. A.2 Staff Impact: The revised fee structure will not impact staff any differently than they are already impacted by the existing fee structure. B. ALTERNATIVE ACTIONS: 1. Motion to adopt the amendment to Ordinance for Fee Schedule as related to the Excavation/Obstruction Permit for public right-of--way and easements. 2. Motion to deny adopting the amendment to Ordinance for Fee Schedule as proposed. C. STAFF RECOMMENDATION: Staff recommends that the Council approve Alternative Action No. 1. Council Agenda: 6/22/09 D. SUPPORTING DATA: None City Council Agenda - 06/22/09 9B. Consideration of ordinance amendment and public hearing on the revisions to 2009 Fee Schedule as related to Variances (AS) A. REFERENCE AND BACKGROUND At the request of a City Council member, staff has completed a review of deposits as related to applications for variances. As Council is aware, all land development requests require review by city staff and consultants. Land development requests maybe simple building permit applications, or require a planning application. Planning application requests include items such as Conditional Use Permits, Plats, Rezonings and Variances. An application is required for these formal requests. A review is completed for all applications to determine a request's relationship to City ordinances and policies. The review is also completed in order to prepare a written report to the Planning Commission and City Council. Planning applications require anon-refundable application fee, which covers the cost of publishing and mailing the public hearing notices. A planning application deposit is also required to cover the staff and consultant time to review the application and application materials. Review costs are billed at an hourly rate and are the same for City staff and consultants. The review costs are the applicant's responsibility and are charged against the planning application deposit. Both the application fee and deposit are required at the time of application. Both are set by ordinance in the fee schedule. In setting the fee schedule, staff completes an annual analysis of review costs in comparison to deposits for various sample planning cases. Until late 2005, planning application deposits were not required for variances. In 2008, the fee schedule was adjusted to include two different rate structures for variances, one for single-family properties, and a rate for all others. The rationale for this structure was to account for the typical costs for non-residential variances and to allow for a more reasonable rate for resident application. It should be noted that variances are somewhat rare in comparison to other planning application requests. Over the last three years, there were 13 total variances requests, representing less than 10% of all applications. This may be due in part to the statutory requirements for granting variances, which may dissuade many potential applicants. The low number of requests also makes developing an average or baseline for deposits levels difficult. This difficulty is further compounded by the fact that each variance case in unique. In looking at the review cost analysis, Council may seek to raise the planning application deposit for variances, based on the fact that in many circumstances, the review costs exceeded the deposit. This is particularly true for non-residential variance requests, where the review costs consistently exceeded the deposit. It would appear that raising the deposit for single-family residential requests is somewhat more nuanced. The costs over expense are somewhat varied. Council will want to again 1 City Council Agenda - 06/22/09 weigh any potential increase against the ability for asingle-family resident to reasonably apply for variance. City Council may also choose to consider subsidizing a portion of the review cost for one or both application circumstances, essentially providing a portion of the review as a service provided by the City. In doing so, the Council could elect to not make it completely a pass through expense. STAFF IMPACT This decision has no staff impact. BUDGET IMPACT Unless the Council elects to apportion some of the review costs as a City expense, this decision has no budget impact, as all planning application costs are the applicant's responsibility. B. ALTERNATIVE ACTIONS 1. Motion to adopt the amendment to Ordinance for Fee Schedule as related to Variances to include a $200 fee with a $500 deposit for single-family residential applications and $200 fee and $1000 deposit for all other applications. 2. Motion of other. C. STAFF RECOMMENDATION Staff would recommend that the Council consider raising the non-single family residential variance application deposit from $500 to $1000. This seems to be sufficient to cover planning review costs associated with this type of request. For single-family residential variance applications, staff would propose an adjustment from $300 to $500. While this increase would not cover the costs incurred with a particularly specialized variance case, it would be sufficient to cover many requests and still provide a balance of affordability for residents to make a request. Staff is proposing no change to the application fee, which is currently $200 for both types of applications. D. SUPPORTING DATA A. Planning and Public Hearing Application - 2008/2009 B. Variance Review Cost Analysis 2005-2008 C. 2009 City Fee Schedule - Planning/Zoning 2 PLANNING AND PUBLIC HEARING APPLICATION DEVELOPMENT SERVICES 505 WALNUT STREET, SUITE 1 PLANNING CASE NO. MONTICELLO, MN 55362 I~~' City Hall: (763) 295-2711 Fax: (763) 295-4404 MONTICELLO E-Mail: Commdev(cdci.monticello.mn.us • ^ VARIANCE REQUEST $500 for single family/$200 + $500 deposit for all others ^ CONDITIONAL USE $200 per application + review deposit ^ Conditional Use P ermit ^ Planned Unit Development -Concept Stage Final stage PUD requires no application fee/deposit. ^ Planned Unit Development -Develop. Stage ^ Planned Unit Development -Final Stage ^ SUBDIVISION PLAT ^ Sketch Plans Sketch Plan: $50 + review deposit ^ Preliminary Plat Preliminary Plat: $300 + review deposit ^ Final Plat Final Plat: $50+deposit ^ SIMPLE SUBDIVISION $200 + de osit Based on number of resultin lots ^ REZONING /MAP /TEXT AMENDMENT $200 + deposit ^ COMPREHENSIVE PLAN AMENDMENT $200 + deposit ^ SPECIAL MEETING $350 ^ VACATIONS/OTHER $125 DEPOSIT FROM BELOW $ TOTAL FEE & DEPOSIT TO BE PAID Deposits are estimates only, based on expenses involved in reviewing application materials by City Staff and consultants; they are subject to modification. Consultant services are necessary as determined by City staff for Planner, Engineer, Attorney & other consultants. Applicant is responsible for all exp enses related to application reivew. Deposits required as follows. 0-3 acres $2,000 1 - 5 units $1000 4-10 acres $6,000 6 + units $150 per unit 11+ acres $10,000 TION: • ~ PROPERTY LEGAL DESCRIPTION: ~ CURRENT ZONING: ^ Agricultural/Open Space ^ Residential ^ Business ^ Industrial (CHECS APPROPRLATE BOX & CIRCLE APPROPRIATE DISTRICT) AO R1 R1A R2 R2A R3 R4 R-PUD PZR PZM B1 B2 B3 B4 CCD I -1 I -lA I -2 DESCRIBE REQUEST: • • FOR ZONING MAP AMENDMENT - Proposed Zoning: FOR SIMPLE SUBDIVISION - Size of Parcel to Be Divided: FOR SUBDIVISION PLAT ONLY - Proposed Name of Plat: Total Plat Acres: Name o f Firm Prep aring Subdivision Plat: Address: Primary Contact Name: E-Mail Address: Day Phone No.: FAX N o.: _ FOR VARIANCE ONLY - Please identify the unique property conditions or hardships that justify granting of a variance. FEE TITLE PROPERTY OWNER NAME: APPLICANT /BUSINESS NAME: Address: FEE PROPERTY OWNER SIGNATURE Date Information provided by the applicant on this form is true and correct. APPLICANT SIGNATURE Date By signing, applicant agrees that all information provided is true and correct, that the applicant has provided all required checklist information, and that the applicant has read and understands al applicable Monticello City Codes. APPLICATIONS WILL ONLY BE ACCEPTED WITH ALL REQUIRED SUPPORTING DOCUMENTS. • ^ DEADLINE FOR AGENCY ACTION 60 Days:. 120 Days: Waiver Received: NOTICE SENT: DATE APPLICATION RECEIVED: FEE RECEIPT NUMBER: APPLICATION DEEMED COMPLETE BY: __ DATE: - CASE ASSIGNMENT: W O O N N Y / a z Q v W V z N_Q li } W Y fC l0 ~-+ ~L C }r CJ H ~_ •~ ~ ~ ~ f0 ~U L c~ CC C ° U . ~ Q1 ~, O O O I~ O ;© . O O , ~ ~ O 0 .:p O ,, p : { ~D x O , <i' ' _ ~ ~ ~ri o 'b ~c _ ,~ . of x0 ~ O 00 ., C:S ~ tri rcV r O ~ cci l0 'r d' . N ~ ~ 00 ;m 0o sh ~ ~ ui ~t, of ~ m O ~ :~ ~ 06 ~ ,~ to ,~ rn ~-+ u U s1~t ~ K ~~i ~~ _ Y i fir,; . { a y f0 `'~ `y ` ~ o ~;,. '' r "--~~' ~,~~. r~ r , t ~ } ~T ~ { w ~ ,ul w w w o f o ~~ o f ~ 4. .~7 Q t~ ~ Q ~ ~ ,d 0 "Q Q ~~ . i' r}~ 2 y ~ , ~ ;;, V n ~~ a w ^t_ . ~ v, ~ ra ' ~ ra ~ ~ ,y r ;~ ~'~ -r .o. ~ ro ;' ~~~ . , =f~~si ~~~. o ~ v ~~~~~ ~ ~,. cQ r m m ~, ~''g ¢~'N y"Yr~~ i; ~ ~ ~ ~ S ~ ~ ' ~, " ° a~ ', ~ L ;a ~ ; N ~ ~ y O ' . ~ .~ ?~s ~~.' { ~ ~~ W; io v :,~ ca ~: ~~, ~ ~' a ~" °~, ~n 0 ' O u~ 0 O ~n 0 O _ in 0 O ~n 0 O ~ 0 O ~o 0 O u pp O' ~ O r~ , ;s © ' ~ ' o0 p, 00 0 00 0 O S eC O; O O N N N N N N N N N '?~:' N N N N U C f4 .~ ° ~r- GJ .~ a o~ 3 O o. v -~ 0 c vi C ° U .Q Q N 0 E a~ t Q O Z ik ~Y ~ ~ h , ' c 4 0 ; jy : ~ ' ,~ ~~ s ' N e-1 N ~` ~ -w~,- ~ w r&~; ~~~ ~ "'Gd ti. ~,r ~~ ~: G„ Ct e-i r-t c-i ~' ' ~ '~ ~-, C , I : a _ . o U ~ m ~ ~ ~= O O O O ;~ N N N N v W W U Z Q J Q `Q r Entire set of ordinances $40 plus tac individual Ordinance Sections: Zoning Ordinance $20 plus tax Subdivision Ordinance $8 plus tax Ciry Code $20 plus tax Sanitary Sewer $5 plus tax Assessment Policy $2.50 plus tax PLAYIYINGIZQNING Administrative Zoning Permits $50 Conditional Use Permit $200 + Deposit (See plauPUD Deposit Chart) Driveway Permit $25 Special Home Occupation Permits: $200 + Deposit (See platlPUD Deposit Chart) Interim Use Permit: $200 + Deposit (See p1aUPUD deposit Chart) Park Dedication (residential) An amount of land equal to ten percent (10%) of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate." (n the event that the subdivider objects to the ten percent (10%) standard, the City shall, at the developers request and expense, conduct a specific dedication study of the park system and the demand placed on the system by the proposed plat. (Alt: For purposes of this Section, an amount of land equal to one (1) acre for each75 persons in the subdivision shall be presumptively defined as "reasonably commensurate." To estimate the population of the subdivision, a household size of 3.5 persons per unit for single familyhomes and Z.5 persons per unit for attached housing shall be used. Cash: $3,500 per unit. Pazking Fund (CCD District} $4,500 per stall Plat $ubdlvtsions: 5300 + dennsit a¢ fnllnwr PUD's: Rezoning Request: Seasonal Outdoor Sales License: Simple Subdivision Special Planning Commission Meeting Street Vacation: Trail Fund: Variance: Setback Variance Atl Other Variances ttiinPrci7 0-3 acres $2,000 ., 1-5 units $1,000 4-10 acres $6,000 6+units $I50 erunit Il+ acres $10,000 Planned [ fnit nev R~00 + denncit ac fnllnwc• CBht -.. ,r , . °, 0-3 acres $2,000 1-5 units $1,000 4-10 acres $6,000 6+ units $150 er unit t l+ acres $10,000 $200 + Deposit (See pladPUD Deposit Chart) $ 150 per 60 day license $200 + Deposit (See pladPUD Deposit Chart) $350 $200 + Deposit (See pladPUD Deposit Chart) $248/per unit $500 for single residential requests $200 + Deposit (See pIaUPUD Deposit Chart) 5 City Council Agenda - 06/22/09 9C. Consideration of amendment to Chapter 6 of the Monticello Subdivision Code as related to Parks, Open Space and Public Use. Applicant: City of Monticello (NAC/AS) A. REFERENCE AND BACKGROUND As the City Council is aware, with every new development, the City has the option of either requiring a land dedication for park or the City can collect park dedication fees for purchase of park land at another location. This allocation for park purposes is permitted and regulated by State Statute 462.358. From time to time, the City needs to adjust the park dedication requirement, as statutory regulations for dedication change and the City's park plans evolve to meet the needs of the community. First, general "exactions" law requires that the City exact property based on the proportionate share of demand placed on a system by the development in question. That is, if a development project constitutes 1% of the overall demand on a public service, the City may expect to recoup 1% of its costs from that development. Second, the state law permits the City to take some of its exactions in cash, but it is important that cash takings are generally equivalent to the value of land takings. There has also been a change to the statute that no longer allows the City to include the cost of developing its park system in the calculation basis for the dedication. Therefore, the current per unit cash dedication ($3,500 which was established immediately prior to the economic downturn and has never been employed) that is currently set by fee schedule is no longer a statutorily valid number. Finally, it is important to apportion the costs of a system to both future and existing development - a City cannot ascribe all of its costs of a public service to future development when some of the demand for that service is attributable to current property owners. This is especially true as related to the acquisition of property at Bertram Lakes. In considering an amendment to the City's park dedication requirements and fee ordinance in response to recent statute and park plan changes, staff offers the following analysis and information. Land Dedication Based on a detailed analysis of the City's current park system (including school properties), the current City population is served by park land that represents 9.0% of total land use. The current City boundaries encompass approximately 4,900 acres. Current park and trail acreage is approximately 437 acres. That is to say, to satisfy the majority of current demand, 9.0% of the City's land is occupied by park and open space uses. 1 City Council Agenda - 06/22/09 The orderly annexation area is approximately 11,800 acres. The current City area and annexation area total approximately 16,700 acres. Assuming that the future growth area will also require 9% of its land area to provide local and community parks, this will add about 1,062 acres (11,800 x 9%) to the City's park system, resulting in a local and community park supply of about 1,500 acres, rounded. Additionally, it has been determined based on needs assessments being completed by the Parks Department and MCC, that the City is currently underserved in terms of athletic field and active recreational space. As such, the City is actively working to acquire property at the Bertram Chain of Lakes for a large athletic complex, in order to satisfy current and future demand. The adopted 2008 Comprehensive Plan further supports this acquisition as a critical piece of the City's park planning efforts. Adding the City's share of Bertram Chain of Lakes to the mix, an additional 400 acres is being acquired by the City to serve current and future demand. As such, it needs to be added to the 9.0% park dedication requirement to permit the City to recoup dedication funds adequate to provide for both local and regional park needs. As illustrated in the supporting data calculations, the existing developed area of the City, at 4908 acres, is 29.3% of the total future park service territory, at 16,700 acres. As such, that percentage of Bertram Chain of Lakes is the responsibility of existing property owners. The remaining 70.7% can be attributed to future development. This means that 283 acres (400 acres x 70.7%) of the Bertram Chain of Lakes Park is being acquired to serve the needs of future growth. Adding that acreage to the 1,062 acres necessary for local park use in the growth area results in a total acquisition of 1,345 acres of park land to be acquired for new development. Spreading the amount of needed park dedication over the 11,800 acres of future development results in a park dedication amount of 11 %, rounded to the nearest whole number. (1345 acres park land needed in the growth area/11,800 acreage of growth area). This is to say, by requiring every developer to provide 11 % of their land for park dedication, the City would acquire, through dedication, the number of acres needed to serve the expected population. So, if a developer is proposing a subdivision, the City can require a dedication of 11 % of the land as the proportionate share of park land owed by the developer as a result of his development project. The ordinance amendment presented reflects language adjustments relative to the analysis and calculations made above. Land Requirement: 11 % of gross land area dedication 2 City Council Agenda - 06/22/09 Fee in Lieu -Cash Requirement In many cases, development will not occur in precisely the right location to provide for the park system that meets the City park plans and objectives. As such, the statute allows the City to require a cash fee lieu of land dedication to use for purchase of land that is located according to the City's plan, such as Bertram Chain of Lakes. Under Minnesota statutes, the City may set this fee to be equal to the value of raw land no later than at the time of final plat -this is the value of raw land that is immediately developable, but is not yet actually developed. An example of such land would be land that has utilities, streets, and all other services extended right up the edge of the property, but which has not yet been actually developed. In conjunction with the amendment to the subdivision ordinance, the City Council is asked to amend its annual fee schedule (which requires a public hearing) to adopt a fee in lieu of land. For the purpose of this amendment, that City has estimated the current value of raw land at $15,000 per acre, based on data from the most recent available land sale data. It should be noted that recent land sale comparable data is very difficult to obtain. Only one recent land sale was available at the time of this report. However, the City should review the raw land valuation data annually and adjust the park dedication cash fee accordingly. As such, a new analysis will be completed for the January 2010 fee schedule. As an example as a fee application, if a developer is proposing an 88 acre subdivision, the City can require a dedication of 11 % of the land (approximately 10 acres), or in lieu of that acreage, the City may require that the developer provide a cash payment instead - in this case, $150,000 (the value of 10 acres of land). The result that comes from this on a per acre basis is $1,704 of cash payment in lieu of each acre of the development area. Requiring a payment from the developer at the time of final plat (or allowing by development contract apro-rated payment schedule) is the simplest formula, and it is most consistent with the language of the statute. However, Monticello has been in the practice of permitting the park dedication fee to be paid on a per-unit fee basis. It is important to note that this approach best approximates the impact of a development on the park system, since a denser project would create a greater park usage and demand. The City estimates the net density of residential development to be 2.25 units per acre. This estimate accounts for road right of way, wetlands, and other deductions from the gross developable land area. For the 88 acre development example discussed above, this would translate to an expected unit count of 198 units. Thus, rather than the $150,000 in lump sum cash, the City would pro-rate that over the unit count, resulting in a per-unit park dedication fee of $757 per unit. 3 City Council Agenda - 06/22/09 Cash Requirement: $1,704 of cash payment per gross acre of development area $757 of cash payment per unit In amending the Ordinance for Fee Schedule as related to park dedication, the City Council is also asked to eliminate the "Trail Surcharge" item. By statute, the City is not authorized to assess a separate fee for trails. The costs for acquisition of trails must be included within the overall dedication. As Council will note, trails were accounted for in the current land system and would be accounted for under the proposed land and cash dedication requirements, as well. Typically, trails are acquired through the platting process as either easements or outlots. Summary The analysis and calculations above provide Monticello with the nexus required by State statute for the application of park dedication requirements for both land and cash. They also provide the City with the proper tools to achieve the City's park planning goals. B. ALTERNATIVE ACTIONS Decision 1: Amendment to the Monticello Subdivision Ordinance The Planning Commission recommends alternative 1 below. 1. Motion to adopt the amendment to Chapter 6 of the Monticello Subdivision Code as related to Parks, Open Space and Public Use, based on a finding the amendment represents a clear nexus between the dedication requirements and the need for parkland as illustrated by past and future park planning efforts. 2. Motion to table for further review and discussion. 3. Motion of other. Decision 2: Amendment to the Monticello Fee Schedule for Park Dedication Motion to adopt an amendment to the Ordinance for Fee Schedule for Park Dedication, setting a 2009 rate of $1,704/acre and $757/unit, and to strike the Trail Surcharge. 2. Motion to table for further review and discussion. 3. Motion of other. C. STAFF RECOMMENDATION 4 City Council Agenda - 06/22/09 Staff recommends adoption of the amendment. After careful review of the City's current park system and analysis of comprehensive plan guidance for future park planning, staff believes the amendment represents an accurate and reasonable calculation of dedication requirements. D. SUPPORTING DATA A. Proposed Ordinance Amendment B. Current Ordinance Language C. State Statute D. Park Dedication Data Analysis E. 2008 Comprehensive Plan Excerpt F. Fee Schedule - Planning/Zoning City of Monticello, Minnesota Wright County Ordinance No. AN ORDINANCE AMENDING CHAPTER 11 OF THE MONTICELLO CITY CODE, KNOWN AS THE SUBDIVISION ORDINANCE, BY PROVIDING FOR PARK DEDICATION REQUIREMENTS. The City Council of the City of Monticello hereby ordains: Section 1. Section 11-6-1 is hereby amended to read as follows: 11-6-1: DEDICATION REQUIREMENT: (A) Pursuant to Minnesota Statutes 462.358, Subdivision 2b, the City Council of Monticello shall require all developers requesting platting or replatting of land in the City of Monticello to contribute an amount of land for public park and trail purposes. The location of said land shall be at the discretion of the City Council. The amount of said land shall be reasonably commensurate with demand that the platting or replatting places on the City park system, as described in the Comprehensive Plan. For purposes of this section, an amount of land equal to ten-eleven percent 0811 %) of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate." In the event that the subdivider objects to the terreleven percent (~-811%) standard, the City shall, at the developer's request and expense, conduct a specific dedication study of the park system and the demand placed on the system by the proposed plat. (A 1 ___t~=--.-=--- _i__it t_ ------------`~--_i-- ~_r___-~ -- cc__---~_L1__ __W~_______~_ » T.~. ~,.4~.Y._4._ LL ._ u ''.~ ~~~~=*~ru ~ ~°~'~n-~g-sb~°'~~e~Prior to conducting the study, the City shall obtain a waiver of statutory time lines for plat approval during the conduct of the study. No approval of final plats, nor construction of any improvements, shall occur until the park dedication study is completed. In lieu of land dedication, the City Council may require a cash contribution in accordance with Minnesota Statutes, or a combination of both. The City Council's decision on land and/or cash shall be made following recommendations from the City's Park Commission and staff, in accordance with the Comprehensive Plan. (B) In accordance with Minnesota Statutes, where the City Council determines that the park dedication requirements shall be paid in a cash contribution, the amount of said contribution shall be based on the market value of the raw land not later than at the time of final plat. The City may require that the subdivider provide an appraisal to determine the market value. In the alternative, the city may, by Ordinance, establish a fee per residential unit that will meet the cash dedication requirement. The determination of the appropriate fee calculation_shall be made by the City Council. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Clint Herbst, Mayor ATTEST: Jeff O'Neill, Administrator AYES: NAYS: CHAPTER 6 PARKS, OPEN SPACE AND PUBLIC USE SECTION: 11-6-1: Dedication Requirement 11-6-2: Cash Contribution 11-6-3 : Delayed Dedication Payment 11-6-4: Purchase or Condemnation of Lands 11-6-5: Location and Configuration of Dedication 11-6-1: DEDICATION REQUIREMENT: (A) Pursuant to Minnesota Statutes 462.358, Subdivision 2, the City Council of Monticello shall require all developers requesting platting or replatting of land in the City of Monticello to contribute an amount of land for public park and trail purposes. The location of said land shall be at the discretion of the City Council. The amount of said land shall be reasonably commensurate with demand that the platting or replatting places on the City park system, as described in the Comprehensive Plan. For purposes of this section, an amount of land equal to ten percent (10%) of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate." In the event that the subdivider objects to the ten percent (10%) standard, the City shall, at the developer's request and expense, conduct a specific dedication study of the park system and the demand placed on the system by the proposed plat. (Alt: For purposes of this Section, an amount of land equal to one (1) acre for each 75 persons in the subdivision shall be presumptively defined as "reasonably commensurate." To estimate the population of the subdivision, a household size of 3.5 persons per unit for single family homes and 2.5 persons per unit for attached housing shall be used.] Prior to conducting the study, the City shall obtain a waiver of statutory time lines for plat approval during the conduct of the study. No approval of final plats, nor construction of any improvements, shall occur until the park dedication study is completed. In lieu of land dedication, the City Council may require a cash contribution in accordance with Minnesota Statutes, or a combination of both. The City Council's decision on land and/or cash shall be made following recommendations from the City's Parlc Commission and staff, in accordance with the Comprehensive Plan. (#412, 8/23/04) (B) In accordance with Minnesota Statutes, where the City Council determines that the park dedication requirements shall be paid in a cash contribution, the amount of said contribution shall be based on the market value of the land not later than at the time of final plat. The City may require that the subdivider MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chaps 6/Page 1 provide an appraisal to determine the market value. In the alternative, the city may, by Ordinance, establish a fee per residential unit that will meet the cash " dedication requirement. The determination of the appropriate fee calculation shall be made by the City Council (#412, 8/23/04) (C) The City Council shall not accept for credit against a subdivider's park dedication requirement any of the following: 1. Delineated wetlands. 2. Land within a designated flood plain. 3. Land encumbered by a utility easement such as a petroleum or electric power transmission line (except where such easement is a standard platting requirement of the City of Monticello pursuant to Section 11-5- 4 of this Chapter, and where the City determines that the land within the easement will be usable for park, trail or open space purposes). 4. Land within a drainage easement or other land required for stormwater treatment. The City may, at its discretion, accept lands in the above categories for park dedication purposes if it deems the dedication to be of public benefit. No credit shall be given against the subdivider's park dedication requirement, however, unless the City determines that the land will be used for a specific public park, trail or open space purpose. (#412, 8/23/04) (D) Land dedicated for park purposes shall be transferred to the City of Monticello by warranty deed. The transfer of said land shall occur at the time of recording of the final plat. For multiple-phased developments, all of the park dedication land shown on the approved Preliminary Plat shall be transferred to the City upon recording of the first final plat, in the form of Outlot(s) and shall not be shown as "Park" on the plat. The Development Agreement may permit the phasing of said land transfer. In addition, the Development Agreement shall grant the subdivider a license to enter the park dedication land for the purposes of required grading, seeding or other work approved by the City Council. (#412, 8/23/04) (E) In addition to the park dedication requirements listed above, each newly subdivided lot shall pay a surcharge for park and trail development purposes. The surcharge will be at a prevailing rate as determined by the City Council. (#412, 8/23/04) 11-6-2: CASH CONTRIBUTION: All monies collected from cash contributions shall be placed in a special fund from which only those public uses as listed in (1) above may be constructed or improved or land for those same uses may be acquired. 11-6-3 : DELAYED DEDICATION PAYMENT: Upon petition by the developer, the Council may approve a delay in the actual dedication of the cash required in lieu of land until MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 6/Page 2 such time as development occurs on the property being platted provided that a proper legal agreement is executed guaranteeing such dedication. Delayed dedication payment shall include eight percent (8%) interest per year. 11-6-4: PURCHASE OR CONDEMNATION OF LANDS: Where a proposed park, playground or other recreational area, proposed school site, or other public ground that has been indicated in the official snap and/or master plan is located in whole or in part within a proposed subdivision, such proposed public site shall be designated as such and should be dedicated to the City, School District, or other proper governmental unit. If the subdivider chooses not to dedicate an area in excess of the land required under this section hereof for such proposed public site, the Council shall be required to act to approve or disapprove the plat of the subdivision for a period of ninety (90) days after the subdivider meets all the provisions of the subdivision title in order to permit the Council, School Board, or other appropriate governmental unit to consider the proposed plat and to take the necessary steps to acquire, through purchase or condemnation, all or part of the public site proposed under the official map or master plan. 11-6-5: LOCATION AND CONFIGURATION OF DEDICATION: In such cases where the developer is required to dedicate land area, the City Council of the City of Monticello shall have the right to determine the geographic location and configuration of said dedication. MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chapt 6/Page 3 2 MINNESOTA STATUTES 2008 462.358 check, irrevocable letter of credit, bond, or other financial security in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. A municipality may require that an applicant establish an escrow account or other financial security for the purpose of reimbursing the municipality for direct costs relating to professional services provided during the review, approval and inspection of the project. A municipality may only charge the applicant a rate equal to the value of the service to the municipality. Services provided by municipal staff or contract professionals must be billed at an established rate. When the applicant vouches, by certified letter to the municipality, that the conditions required by the municipality for approval under this subdivision have been satisfied, the municipality has 30 days to release and return to the applicant any and all financial securities tied to the requirements. If the municipality fails to release and return the letters of credit within the 30-day period, any interest accrued will be paid to the applicant. If the municipality determines that the conditions required for approval under this subdivision have not been satisfied, the municipality must send written notice within seven business days upon receipt of the certified letter indicating to the applicant which specific conditions have not been met. The municipality shall require a maintenance or performance bond from any subcontractor that has not yet completed all remaining requirements of the municipality. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. (b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan subject to the terms and conditions in this paragraph and paragraphs (c) to (i). Copyright ©2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2008 462.358 (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid that is, no later than at the time of final approval or under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water service or community septic and private well as authorized by state law. For purposes of redevelopment on developed land, the municipality may choose to accept a cash fee based on fair market value of the land no later than the time of final approval. (d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. (e) The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. (f) Cash payments received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. (h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. (i) Previously subdivided property from which a park dedication has been received, being resubdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. Subd. 2c. Nexus. (a) There must be an essential nexus between the fees or dedication imposed under subdivision 2b and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. (b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. Copyright ©2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4 MINNESOTA STATUTES 2008 462.358 (c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. Subd. 3. [Repealed, 1980 c 566 s 35] Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. Subdivisions including lands abutting upon any existing or proposed trunk highway, county road or highway, or county state-aid highway shall also be subject to review. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning and subdivision regulations unless the municipality adopts written findings based on a record from the public proceedings why the application shall not be approved. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the offiicial newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division Copyright ©2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2009 Monticello Park Dedication Calculation Summary . ', STING PARK SYSTEM Mini Parks Park Total Classification Acres B Iboul MP 2.9 Fallon Avenue MP 0.5 Otter Creek Park & Path MP 0.4 Mississippi Drive MP 0.5 suatotais Neighborhood Parks 4.3 Cardinal Hills Tot Lot NP 1.0 ' Count Club NP 1`7 Hillerest _ NP 2:1 .Meadow Oaks , NP .; 6.4 Parkside _ NP 11 Par'Wesf ,NP 42 River Mill NP 7.1 'Roiling Woods NP 1.5 ~uoioiais Community Parks Z5.1 Ba [ elds~=~~Ccel ~ A S a e"R a ids ~ ,~ ~ _ ~ ~ ~~ C;,;` xµf,1:5; ~ t n R ''.*,~~t~ C Cast Y~RX s!,_l yi k7 'h`~ ~ .rl._~~'._ =„i~ ~ ` t'.+7~5~ ns! /~,'i:~f R~ - ~:YY eYt~ ~`{fT .. ~~r ~~'~) - .Y"~ J '.'S~~..,LJ'':~~t S ft~~~~ a!d ~Ral,.. ils_~:~ .~5_; -0..5~+1 .~4f'~^ #`5 ~'~'tv Pt~my ,,7yCJ) `1 ~oA'c t 7 t ~llf ~~ i'4 y1 f- ..~li .k ~, ._J~~`~. ~ :iF ~...rt.-~~ -e'+~;-e~+'i 7,./ if ~. ~.. ,v y.~e?,'~fJl~ ~` ": v c ~ t " treet ~t~ t A , , .~« ~ t r ~ C ~~, ~~ti 7 i'= 1~ .~ ~~ f r : eParid F~, ~~x~ih,~t<~ ~; ,~ ~},.~ ; : ,u, ,~ ~~W- ~.- ,C> .~.. ~ ,. ~~, , 'Fields v~~ ~,~ ~ ~ ?! ~f ~ ~ ., ~:~~~. ~~ ,o T- ,N er'S'~~rossm ~t a~~2 tz :~ ' ~ r' ' r.~~.~'~...G{. ~: ~' Pio ' SU` `et.Podds :_~ti~`~„`'?` -,~ r .r;5 _;,,~, <~~,_ .r ,r,. auozoza~s School 8~ Ceunty Park 91.Z Field Space 110 Little Mountain SD 3.0 Ma is Kin dom SD 1.0 :Middle School SD 3.0 Montissi i Cown Park CTY 170.0 Pin$wood School SD 4.0 Senior Hi h SD 8.0 auototais Total Park Acres Total Trail Acres TOTAL EXISTING PARK & TRAIL ACREAGE Current City Acreage Annexation Area (Est.) Total Park Service Area Bertram Chain Regional Park 299.0 419.6 17 (16.5 mi = 749.760 sq. ft., 8ft trail) 436.6 4908.0 Estimated Tota! Acreage 11,786 Estimated Total Acreage 16,700 Current municipal acreage + annexation area 1200 Total Acreage 400 City Acre Share (1/3) easements and other impediments to intended park uses. 4. Parks should be connected by trails and sidewalks to provide walking and biking access for both neigh- borhoods and the broader community. 5. the development, improvement and maintenance of the park system requires careful financial planning. With park dedication providing a key resource, this planning must be tied to ongoing projections of future growth. This planning should work to ensure that funding plans for the acquisi- tion and development of the regional park do not deplete funding for the rest of the system. 6. Timely development of neighborhood parks is es- sential. Funding of the park system should provide for both acquisition and timely development of neighborhood parks. This objective may require new financial strategies. Finance tools such as special assessments and housing improvement areas would allow a park to be built at the outset of residential construction. 7. Planning for neighborhood parks should also con- siderthe needs of rural residential subdivisions. A less dense development pattern does not remove the need for neighborhood parks, but may alter the service area and location. Community Parks The acquisition and development of YMCA Camp Manitou is the sole new community park initiative pro- posed in this update of the Comprehensive Plan. The illustration in Figure 4-3 shows a preliminary concept for the development of this regional park. This initiative meets a wide range of community needs. - Acquisition of this property protects and preserves critical natural areas. As Monticello grows, it is important to preserve these areas for future gen- erations. - The recent and future growth of Monticello creates the need for more community recreation facilities. The regional park provides the space to meet these needs. - The park provides a wide range of amenities that will attract new development to Monticello. The 2008 Comprehensive Plan Parks ~ 5-7 park brings community-scale assets that benefits new development and enhances the quality of life across the community. These amenities create the setting that should be a catalyst for the quality of neighborhood and housing stock desired by the City. These factors help to create the nexus between de- velopment and this regional park initiative. The City anticipates using a portion of monies received from payments in lieu of park land dedication to pay for the acquisition and improvement of the regional park. The Park Plan identifies two types of parks designed to meet the needs of the broader community. The Land Use chapter describes how the park will relate to adjacent development and connected to the broader community. Community Greenway The Parks chapter reinforces the concept of a greenway introduced in Land Use. As Monticello continues to grow to the west and south., it has the opportunity to establish a community greenway. Monticello has a his- tory ofprotecting natural features as growth occurs. A greenway builds on this commitment to create acon- nectedsystem of natural areas that ring the community. The intent of this initiative is: - The corridors are a tool for preserving important el- ements of the natural environment in Monticello. - The corridors provide public access and use to these areas. - The corridors connect community parks. - Greenway corridors become part of the defining characteristics and identity of Monticello. - The corridors provide routes for the trail system and a means of linking parks, community facilities and neighborhoods. - These areas provide habitat for wildlife. The map in Figure 4-4 shows a potential layout of a community greenway system. This illustration is not intended to show a specific plan, but rather the critical elements of a community greenway. These elements include: 2A08 Comprehensive Plan Parks ~ 5-9 Entire set of ordinances $40 plus tax Individual Ordinance Sections: Zoning Ordinance $20 plus tax Subdivision Ordinance $8 plus tax City Code $20 plus tax Sanitary Sewer $5 plus tax Assessment Policy $2.50 plus tax PLANNING/ZONING Administrative Zoning Permits $50 Conditional Use Permit $200 + Deposit (See plat/PUD Deposit Chart) Driveway Permit Special Home Occupation Permits: Interim Use Permit: Pazk Dedication (residential) Pazking Fund (CCD District) Plat Subdivisions: PUD's: Rezoning Request: Seasonal Outdoor Sales License: Simple Subdivision Special Planning Commission Meeting Street Vacation: Trail Fund: Variance: Setback Variance All Other Variances $25 $200 + Deposit (See plat/PUD Deposit Chart) $200 + Deposit (See plat/PUD Deposit Chart) An amount of land equal to ten percent (10%) of the total gross land area of the plat shall be presumptively defined as "reasonably commensurate." In the event that the subdivider objects to the ten percent (10%) standard, the City shall, at the developer's request and expense, conduct a specific dedication study of the pazk system and the demand placed on the system by the proposed plat. (Alt: For purposes of this Section, an amount of land equal to one (1) acre for each75 persons in the subdivision shall be presumptively defined as "reasonably commensurate." To estimate the population of the subdivision, a household size of 3.5 persons per unit for single familyhomes and 2.5 persons per unit for attached housing shall be used. Cash: $3,500 per unit. $4,500 per stall e•snn + rtrnncit a~ f n~..,~• _ .. e ~.-. 0-3 acres $2,000 1-5 units $1,000 4-10 acres $6,000 6+ units $150 er unit 11+acres $10,000 Planned Unit Dev. $200 + denosit as follows' 0-3 acres $2,000 1-5 units $1,000 4-10 acres $6,000 6+ units $I50 er unit 11+acres $10,000 $200 + Deposit (See plat/PUD Deposit Chart) $150 per 60 day license $200 + Deposit (See plat/PUD Deposit Chart) $350 $200 + Deposit (See plat/PUD Deposit Chart) $248/per unit $500 for single residential requests $200 + Deposit (See plat/PUD Deposit Chart) s