City Council Agenda Packet 09-09-2002
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 9, 2002 - 7 p.m.
. Mayor: Roger Belsaas
Council Members: Clint Ilerbst, Brian Stumpf, Roger Carlson, Bruce Thielen
1 . Call to order and Pledge of Allegiance
2.A Approve minutes of August 26, 2002 regular Council meeting. 13 1" 01
B Approve minutes of August 26, 2002 Budget Workshop
3. Consideration of adding items to the agenda.
A.
B.
4. Citizens comments/petitions, requests, and complaints. W-...<+f I~ ~f..o f -(l~o..eR
-{fH"'.f ~ If''1f R~ 0 r- 1'> c",.s 1 - '1/f., A'<.-{.,.:.
5. Consent agenda.
A.
B.
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C.
W
E.
Consideration of ratifying new hires for the Community Center and Liquor Store.
Consideration of an amendment to a Planned Unit Development allowing expansion of auto
sales and display area on an interim basis. Applicant: Dave Peterson Ford
Consideration to rescind previous motion fi)[ approval of the contract for Private
Redevelopment between the HRA, City and Central Minnesota 1 lousing Partnership and to
approve changes to City Resolution No. 2002-34.
Consideration of west bound CSAH 75 one day bypass to River Street to allow for median
construction.
Consideration of resolution authorizing the issuance of Senior I lousing Refunding Revenue
Bonds (Mississippi Shores Project).
F. Consideration of resolution declaring costs to be assessed f()r th Street East Extension, Project
No. 200 1-07C and Walnut Street Corridor Improvements, Project No. 2000-17C.
G. Consideration of approving plans and specifications and authorizing advertisement fix bids for
Cedar Street from Dundas Road to Kjellberg's East Mobile Home Park, Project
No.2002-06C.
H.
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I.
Review new owner's plan for consistency with original approved PUD. Former Montissippi
Trail Townhomes, now 'fimber Ridge.
Consideration of a request for a zoning map amendment to rezone a parcel from 1-2 (Heavy
Industrial) to one or a combination of the following districts: 8-4, B-3, B-2 and I-IA.
Applicant: Planning Commission, City of Monticello.
City of Monticello
Agenda
September 9, 2002
Page 2
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Consideration of a request to rezone land from R-3, Multiple Family Residential to PUD,
Planned Unit Development to accommodate a recreation center and commercial development.
K. Consideration of replacement of pathway in Mcadow Oaks between Meadow Oak Avenue and
Mcadow Oak Drive. ..
1-.. ~Sl/! J r; "'Q,,5o((A,~'1J1-' ~ '.((11.1\1"4 CorT( -,0 ~e h1t~~. ~Jt., hOAJd fol-<.
6. Consideration of items removed from the consent agenda for discussion.
7. Consideration of adopting prel iminary 2003 budget and tax levy.
8. Consideration of amendment to tattoo parlors/body piercing establishments relating to training
requirement.
9. Consideration of selection of legal counsel.
10. Approve payment of bills for September.
11 Adjourn
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M IN lJTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday August 26, 2002 - 7 p.m.
Members Present:
Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen.
Members Absent:
None.
1. Call to order and Plcd\?e of AlIe\?iance.
Mayor Bclsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of
Allegiance was said.
2A. A rove minutes of Au 'Just 12 2002 re ular Council mcetin .
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 12,2002
REGULAR COUNCIL MEETING AS PRESENTED. BRUCE THIELEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
28.
Approve minutes of August 12.2002 soeeial meetim!:.
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ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 12,2002
SPECIAL MEETING. BRIAN STUMPI: SECONDED THE MOTION. MOTION CARRIED
lJNANIMOUSLY.
3.
Consideration of addinl! items to the al!enda.
BRIAN STUMPF MOVED TO ADD CONSIDERATION OF EXTENDING WORK HOURS
FOR BUfFALO BITUMINOUS ON TI-lE CSAIl75 PROJECT TO CONSENT AGENDA AS
ITEM #5D. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
John Simola asked that a discussion of converting from overhead lighting be added to the agenda.
Brian Stumpf requested that mowing be added.
4.
Citizen comments/petitions. reauests and comolaints.
.
Fire Chief, Scott Douglas, came before the Council with a number of concerns the Fire Department
had: 1) The naming of streets _ The present system is chaotic and they would like some type of logical
pattern used in assigning street names in new developments; 2) They would like to see fewer cul-de-
sacs in the approved plats; 3) They would like to see appropriate street widths maintained. He noted
that the tire trucks are 8 1/2 feet wide and with a 24' street width with parking on the street it is more
difficult for the equipment to get through. The Council discussed the concerns raised by the Fire
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Council Minutes - 8/26/02
Department. Mayor I3elsaas noted that it was important for updated street maps showing the most
recent developments to be in the hands of the Fire Department as soon as possible. He also felt it
was important for the developers early in the platting process to set the street names for their
development. John Simola noted that the ordinance restricts cul~de-sacs unless there is a bona tide
reason. JdfO'Neill stated that the cui-de-sacs help establish higher level housing. He also felt that
broadening the street width would work at crosS purposes with the aim of developing higher level
housing. The wider streets would give the feel of being on a major roadway rather than on a
neighborhood streel. It was noted that there are several developments with 20' street widths and tbat
can be a problem for emergency vehicles or any larger vehicles such as a garbage truck. Roger
Belsaas indicated that perhaps when a preliminary plat or concept plan comes in someone from the
fire Department should look at it. Roger Belsaas asked whether a transmitter on the traffic light for
emergency vchicle use is being planned for the light proposed at Elm Street. John Simola indicated
that he would check on this and get back to Scott Douglas.
5.
Conscnt A2cnda
A.
Consideration to review GMFf Loan No. 022 for compliance with EDA-GMEF I3usiness
Subsidy Criteria. UMC Applicant. Recommcndation: Approving a motion stating that the
City Council has determined the EDA approval of GMEF Loan No. 022 for Ultra Machining
Company was approved without violation of the EDA-GMEF Business Subsidy Criteria;
therefore Council supports the decision by the EDA for loan approval.
B. Consideration of accepting petition, ordering feasibility study, accepting feasibility study,
ordering plans and specifications, accepting quotes and ordering a change order to CSAH 75
project (Project No. 2000-16C) allowing development of utility connections at Maple Street.
Rccommendation: Accept the petition, order the feasibility study, accept feasibility study,
order plans and specifications and accept a change order to CSAH 75 project allowing
MapJe Street service connection to the adjoining property owned by Rick Anderson
contingent upon the property owner signing a waiver of assessment hearing noting that he
agrees to pay the full cost of the extension.
C. Consideration o\' authorizing purchase ofreplacement cooler shelving for liquor store.
Recommendation: Authorize the purchase of replacement cooler shelving in the amount of
$18,271.68 from Britz Store Equipment.
D. Consideration of extending work hours beyond the quitting tilTle of 7:00 p.m. for Buffalo
Bituminous on CSAI-I 75 Rehabilitation Project No. 2000-16C. Recommendation: Move
to allow the contractor to work from 7 a.m. to 9 p.m. Monday through Saturday as outlined.
BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED WITH
THE ADDlTlON OF ITEM #5D. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANlMOUSLY.
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6.
Consideration of items removed from the consent a enda for discussion.
None.
7. Public Hearin _ Consideration to a rove business subsid for lJMC and to authorize
enterin J into the Contract for Private Develo ment amon the HRA the Cit and Terrace
and Mary Tomann Limited Partnership.
Economic Development Director, OJlie Koropchak provided background information on this item. At
the last meeting the City approved establishment of the TIF District for this proposal. This agreement
supplies the amount of the TIF assistance. Ollie Koropchak also added that the ground breaking
ceremony is scheduled for September 13, 2002.
Mayor Helsaas opened the public hearing. No one spoke for or against the proposal. Mayor
l:3e1saas summarized the terms of the business subsidy to UMC which is $395,000 pay-as-you-go
TIF note at an interest rate of 7.25% over 8 years for land write-down. Mayor Bclsaas then e10sed
the public hearing.
BRIAN STUMPF MOVED TO APPROVE THE BUSINESS SUBSIDY FOR UMC AND TO
AUTHORIZE ENTERING INTO TIlE CONTRACT FOR PRIVATE DEVELOPMENT
AMONG THEIIRA, THE CITY, AND TERRACE AND MARY TOMANN FAMILY LIMITED
PARTNERSHIP. ROGER CARLSON SECONDED TlIE MOTION. MOTION CARRIED
llNANIMOUSL Y.
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8.
Public Hearin J _ Consideration to ado t a resolution authorizin J a
Minnesota De artment of Trade and Economic Ilevelo
economic development proiect.
Economic Development Director. Ollie Koropchak noted that the resolution the City is approving is
part of the application to the Minnesota Department o!'Trade and Economic Development for fimding
the UMC economic development project. She then introduced Lenny Kirshct who is working on
behalf of the City on the application to the DTED.
Lenny Kirscht stated that they will be applying for $295,000 of grant funds. The funds are proposed
to be state funds which means that the City wiJl be keeping the first $100,000 of principal plus the
interest. The $295,000 will be loaned to UMC by the City in order to aid in the construction of their
new facility on Chelsea Road which UMC hopes will be ready for occupancy in the spring. The
project cost is estimated at approximately $4.4 million with $1 million for equipment and the remaining
for land acquisition and building construction.
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Councilmembcr Clint Herbst arrived at this time. Mayor Belsaas opened the public hearing. There
was no one present who spoke for or against the issue. Mayor Bclsaas then closed the public
hearing.
BRUCE THIELEN MOVED TO APPROVE THE LOCAL GOVERNMENT RESOLUTION.
ECONOMIC DEVELOPMENT PROGRAM, AUTHORIZING APPLICATION TO THE
MINNESOTA DEPARTMENT Of TRADE AND ECONOMIC DEVELOPMENT FOR
ULTRA MACHINING COMPANY (UMC) BRIAN STUMPF SECONDED TIlE MOTION.
MOTION CARRIED UNANIMOUSLY.
9. Pub lie 1I carin' _ Con sideratiu n ohaeation of easements in 0 utlot F of G roveland A dditio n.
Deputy City Adm i ni strator, J efI 0 'N ei II stated that this vacation request i nvo I ved the development 0 f
the Groveland Ccoter plat and involves the vacating of an easement that is under the building. The
easements that are on Outlot F will be replaced with easements in the Gruveland Center plat. It was
also suggested that the development indemnifying the City from any liability associated with City
maintenance of utility lines lying within the easement. John Simola telt it was important that the City
Attorney review this and make sUfe the indemnification is tied to the land and not to the developer.
Brct Weiss stated that when the sewer and water lines were installed they did not anticipate a building
being placed in that location. However then they looked at the project it seemed that this was the
best place for the building. He didn't feel it made sense to leave the casement under the building but
he agreed that the matter should be reviewed by the City Attorney. Shawn Weinand indicated he bad
no problem with the City Attorney reviewing this but pointed out that he wanted to keep the platting
process moving as he will be requiring a certificate of occupancy in three weeks. The Council
directed the Public Works Director aod the City Administrator to work with the City Attorney on this
matter.
Mayor Belsaas opened the public hearing at this time. There was no one present who spoke for or
against the casement vacation. Mayor Belsaas then closed the public hearing.
CLINT HERBST MOVED TO VACATE THE EASEMENTS IN OUTLOT F OF
GROVELAND ADDITION TO ALLOW RECORDING OF THE FINAL PLAT OF THE
CiROVELAND COMMERCIAL CENTER CONTINGENT UPON REPLACEMENT Of
EASEMENTS WITH NEW EASEMENTS AS IDENTIFIED ON THE GROVELAND
COMMERCIAL CENTER PLAT AND CONTINGENT' UPON TI IE DEVELOPER
RELEASING THE CITY FROM LIABILITY ASSOCIATED WITH DAMAGE RESlJl;flNG
FROM CITY MAINTI~NANCE OF THE UTILITY LINES wrn-nN THE EASEMENT.
BRUCE THIELEN SECONDED THE MOTION. MOTION CARRI ED UN AN IMOUSL Y.
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10.
Consideration of re uest for amendment to Cit Ordinance on T.lttoo Parlors/Bod
Establishments relatim! to training requirements.
City Administrator, Rick Wolfsteller, provided baekgroond information regarding the ordinance and
the specific request for amending the ordinance to allow other training alternatives in lieu of the 311 day
apprenticeship under a licensed tattoo artist. The Council discussed the matter and directed staff to
research with other agencies and the League of Minnesota Cities to see if there were other training
options that could be considered.
BRUCE 'II {JELEN MOVED TO TABLE UNTIL THE NEXT MEETING CONSIDERATION
OF AMENDING THE ORDINANCE ON TATTOO PARLORS/BODY PIERCING
ESTABLlSI IMENTS TO ALLOW FOR STAFF RESEARCH ON TRAINING OPTIONS.
BRIAN STUMPf SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
11.
Consideration of ado tion of amendments to the Com rehensive Plan.
Deputy City Administrator, Jeff O'Neill provided background on the development of the proposed
amendments to the Comprehensive Plan. City Planner, Steve Grittman noted that the proposal was
an addendwn to the land use plan rather than an amendment. The proposal looks at the land use and
infrastructure needs for the extraterritorial area. The plan is to identify to developers the types of land
use and to set up transportation corridors. Discussion of the plan focused on commercial and
industrial development. Steve Grittman noted that commercial land is more sensitive to transportation
needs. Clint Herhst asked ahout accesses and interchanges questioning whether the City puts their
money toward acquiring the land or getting the interchanges. He asked if there was some entity that
could give guidance to the City on this issue. Steve Grittman indicated that the staff had discussed
follow up procedures to he used in making sure the plan is a guide. He felt that a project could be
done that would weigh the pros and cons of infrastructure -vs- land acquisition. Steve Griuman
stated that there are a number of things that would have to be done to help the City accomplish this
plan over the years.
.lohn Simola noted that there are a number of parcels in the study area that could not be serve with the
present infrastructure and there was some discussion on whether properties that could not be served
in the long term should be included. Steve Grittman felt that even though the City may not be able to
serve the area within the developers time frame, they should not be excluded ii'om the rnap or the long
term planning. Clint I Ierbst felt it was important to do the long term planning but also kit it was
equally important to look at this plan every year or so becaose of changes. Roger Carlson asked if it
would be premature to include verbiage about establishing interchange studies, land acquisition and
establishing a task force.
ROGER CARLSON MOVED TO ADOPT AMENDMENTS TO THE COMPRElIENSIVE
PLAN AS RECOMMENDED BY THE PLANNING COMMISSION MOTION BASED ON
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THE FINDINGS IDEN1'IFIFD IN TIIE PLANNER'S REPORT AND TO lIA VE STAFF
PURSUE THE OPTION OF ESTABLISHING A TASK FORCE WITH APPROPRIATE
MEMBERS FROM COUNCIL, PLANNING COMMISSION AND STAFF. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12.
Review new owner devclo ment ro osal for consistenc with Montissi i Trail Planned
tJnit Develo ment Timber Rid e - A Iicant: Mike Schneider Homestead Multi-Famil
Development Corporation.
This area formerly known as Montissippi Trails Development had previously received Planning
Commission and Council approval as a Planned Unit Development. Homestead Multi-Family
Development Corporation has taken over the development and have made some changes in the plan
from what was originally approved. As such the Council could direct that the Planning Commission
review these changes. and Jeff O'Neill noted that members ofthe Planning Commission did request
that this item come back l~)r their review. Clint llerbst felt that since they were proposing something
different and this was a higher density development it should be looked at carefully.
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Mike Schneider of Homestead Multi-Family Development Corporation, introduced himself and
discussed the proposed development. He noted there were no changes to the plat or engineering
items. He did indicate their buildings would be 112 feet larger than those originally proposed.
Approximately lO% of the units would be slab on grade units and would start at $150,000. The
remaining 90% would have basements and would be higher in price. Clint Herbst indicated that he
did not have a problem with the changes but felt that it should be reviewed hy the Planning
Commission. Mayor Belsaas felt the adjacent property owners should be notified. Jeff O'Neill
stated that if a public hearing was required it could not be done until the October Planning
Commission meeting.
BR.UCE THIELEN MOVED TO TABLE THIS MATTER SENDING IT BACK TO THE
PLANNING COMMISSION FOR FURTHER REVIEW FOR CONSISTENCY WITII THE
APPROVED PUD. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSL Y.
Other Items:
Conversion of Overhead Lighting on CSAH 75 - John Simola reported that he had talked to Darrin Lahr
from Xee\ Energy regarding underground crossings along CSAH 75 to see what it will cost. Darrin Lahr will
have the cost inf(mnation to him tomorrow and John Simola will submit it to the contractor. Xeel Energy can
provide the conduit if the City is strongly in t~lVor of going underground. Xeel can provide the conduit and do
the installation or they can provide the conduit and the City's contractor can do the installation. The Council
had earlier discussed how to finance the cost of the conversion to underground wiring which ineluded a
franchise fee. In talking with Darrin Lahr, he now believes it would be prudent tor the City to try to get the
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. underground crossings done oow when the contractor is working in the area. Mayor Belsaas noted that if the
Xeel Energy puts their lines underground TDS and the Charter Cahle would have to do likewise. TDS had
indicated to the City that in this area their lines were already underground so they would not he impacted hy
the conversion but the cable company would.
BRUCETJUELEN MOVED TO AUTHORIZE STAFF TO DO WHAT IS NECESSARY NOW TO
GET TilE CONDUIT IN THE GROUND AND COME BACK TO TilE COUNCIL AT A LATER
DATE WITH INFORMA lION ON EST ABLISllING A FRANCHISE fEE. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
John Simola also asked that the Council authorize the City Administrator and Puhlic Works Director to
negotiate changes orders on this project not to exceed $ I 0,000 with the exception of the conduit.
BRLlCE THIELEN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR AND PUBLIC WORKS
DIRECTOR TO NEGOTIATE CHANGES ORDERS TO THE CSAII 75 PROJECT NOT TO EXCEED
$10,000 WITH THE EXCEPTION Of THE CHANGE ORDER fOR THE CONDUIT. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Mowing _ Briao Stumpf mentioned several sites that needed mowing such as the H- Window site and the
former Ruff s Auto site. .I eff 0 'N ei II stated that the ordinance provides that anythi ng I 00' a way from the
buildiog does not have comply with 6" grass beight provision. Brian Stumpf felt tbat maybe the ordinance
should be reviewed and the City consider making the grass height restriction for the entire lot. Staff was
directed to check the sites mention.
Drainage Prohlem _ Roger Belsaas asked if staff had an opportunity to look at the drainage problem on
Bear Avenue. Bret Weiss stated he had looked at it and they are trying to come op with a solotion. They arc
looking at possihly heeming op the area so that the water stays in the field. He felt the property owoer woold
have some concerns ahout the water being forced back onto his property. Bret Weiss noted that as the
property develops this issoe would be taken care of hut there are not a lot of options to look at right noW.
Roger Belsaas also asked about the undermining of the pathway hy the Bondus property. Mike Nielsen from
WSB & Associates will he checking into this. Bruce Thielen asked when Public Works would be trimming
the trees that were planted a nomber of years ago. John Simola stated that they are in the process of doing
the trimming at the present time. Roger Belsaas asked who is respoosihle for replaciog the dying trees
located on the berm in the Grovelaod development. JcffO' Neill stated it was the responsibility of the
developer.
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13.
Aporove pavment of bills for AU2ust.
CLINT HERBST MOVED TO APPROVE THE PA YMENT OF BILLS FOR AUGUST.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Adjourn.
BRUCE THIELEN MOVED TO ADJOURN AT 8:30 P.M. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Recording Secretary
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MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday August 2(l, 2002 - 5 p.m.
Members Present:
Roger Belsaas, Roger Carlson, Brian Stumpf and Bruce Thielen.
Members Absent:
Cl intHerbst
1. Call the meetine to order.
Mayor Helsaas called the meeting to order at 5 p.m. Staff present included: Rick Wolfsteller, City
Administrator; Jeff O'Neill, Deputy City Administrator; John Simola, Public Works Dircctor; Adam
Hawkinson, Park Superintendent, Ollie Koropchak, Economic Development Director; and Kitty
Baltos, Community Center Director.
2.
Review of Preliminary 20t)3 Budeet and Tax Levy.
City Administrator, Rick Wolfstellcr reviewed the preliminary 2003 hudgct with Council and staff.
He noted that based on levy limits, it was the maximum budget amount allowed. The preliminary
budget does includc $500,000 for the street reconstruction fund and $88,000 in the capital outlay
fund. The proposed levy is $97,000 morc than last years levy. Rick Wolfstellcr also noted that to
the maximum levy amount the City can add the levy necessary for covering the City's bond debt.
The City's levy amount needed for the bond debt is down over $200,000 from last year because of
some bonds being paid off and SOlne bond issues being refinanced. However, Rick Woli'stelle
stated that in the near future the City will be looking at issuing bonds to finance projects such as the
CSAH 75 project, ]lh Street extension, etc. He estimated the bond issue to be approximately
$2,500,000. In discussing the bond issue with Mark Ruff of Ehlers & Associates, Mark Ruff noted
that the City could structure the bond issue so that it would stat1 in 2004 or the City could use an
estimate and start it in 2003. Irthe bond levy was added to the 2003 budget the overall levy
increase would be closer to 4% instead of 1.5%. The City's budget could go to $6,800,000 if this
bond levy is added. The financial consultant thought that since the City's increase was estimated at
1.49% for 2003 it might be easier to add the bond debt levy with this budget. The general feeling of
the Council was to include the bond debt levy for the proposed bond sale as part of the 2003
budget.
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The Council discussed the street core construction project and the extension of 7th Street as well as
other street projects such as the interchange. it was noted that the interchange project has been
pushed back to the year 2007-2008. However, there is nothing in the proposed 2003 budget that
covers these projects.
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Rick W olfsteller stated that the tax capacity rates for the various types of property are not being
changed. Although the City didn't have exact figures it was felt there would be an increase in value
from 40;;)-8%. it was pointed out that the school district will be coming back with a referendum but
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it was uncertain how that would impact the City.
Rick Wolfsteller summarized some of the changes in the general fund budget. These include a 4110
increase in the hourly rate for police protection in addition to adding 4 more hours a day in
coverage. lt is the goal to get to 48 hours of coverage a day. The addition of these four hours
should bring the City to 44 hours a day.
Bruce Thielen asked about the aerial mapping of the City which is estimated at $17,000. He
believed the County had done this just a year ago and asked if this is something that would be
available to the City through the County. Rick Wolfsteller stated he would look into this.
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Bruce Thielen also questioned the increases in the Street Department budget and asked how many
miles of streets the City maintains. John Simola stated that there is approximately 34 miles of streets
that are being maintained. Currently there are four employees in the Street Department and a
mechanic. Bruce Thielen indicated that Coon Rapids had 260 miles of street and 12 employees.
He questioned whether there was need for another employee or if it was more an issue of how work
was being done. John Simola stated that the mechanic is also working on the cracksealing crew
and added that until the street core reconstruction project is done the Street Department staff will
continue to see much of their time spent in patching, cracksealing, etc. The Council discussed
various options such as contracting some of the work out or going with more overtime. John Simola
also pointed out that the maintenance of the additional sidewalks and pathways adds to the work
load of the staff. Rick Wolfsteller said that even if work was contracted out the City would still
need to budget for the contract work.
The vehicles requested were also discussed. John Simola stated that some of the vehicles in use are
88' or 89' models and are in need of replacement. When equipment gets to that age there is usually
higher maintenance expense and he felt with purchasing under the state contract the City was able to
get good prices on new vehicles. There was discussion on how the existing vehicles are used and
where the departments are short as far as equipment. Adam 1 iawkinson added that with some
equipment it is also a safety issue as the older models do not have all the needed safety features.
Also with some of the streets and pathways being narrow it makes it difficult to use the City's
present equipment. The Council discussed leasing equipment or contracting work out as alternatives
to the purchase of additional equipment. The Council also felt a vehicle replacement schedule
should be utilized so that vehicles are replaced in a timely manner. By contracting out the work or
leasing equipment the City nwy find it could save some funds. John Simola will check into the
options discussed.
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The Council discussed the Park Department budget and noted some of the same issues with
vehicles. Adam Hawkinson explained what vehicles were being requested and how they would be
used by the department. Adam llawkinson stated that by having more versatile, multi-use
equipment it would make for more efficiency within the department. Brian Stumpf asked about
land for future athletic complex. Adam Hawkinson stated they have four different associations using
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the fields and there is a demand tl)f more fields. The Parks Commission was looking down the
road to develop more fields to meet the need.
Brian Stumpf questioned the amount under the OAA and it was felt it should be left there. It is
anticipated that even thoughthe hearing before the judge is scheduled in September it is unlikely the
City would get the rul ing prior to setting the 2003 budget.
John Simola stated that the Riverside Cemetery is barely meeting expenses based on the grave sales
and other fees collected. It is at the point where the cemetery is no longer being self sufficient.
Bruce Thielen suggested looking at the fencing at the cemetery and John Simola felt the some paving
work needs to be done in the area as well. Temporary solutions to extend the life of the fence until
such time as it could be replaced were discussed.
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The Council discussed the proposed outlays for the Community Center. Kitty Baltos reviewed the
equipment and capital outlays being requested. Rick Wolfsteller noted that there were no funds set
aside for building replacement items such as carpeting, etc. Last year $12,000 was budgeted and
for 2003 Kitty Baltos would like to see $30,000 set aside. Rick Wolfsteller pointed out that
because the City is at the maximum levy limit they couldn't just add the $30,000 but would have to
take from someplace else instead. Also discussed were parking needs for the MCC. Brian Stumpf
did not feel additional parking was required because the parking in the back is not being utilized. It
was suggested that at year end any surplus within the budget should be brought up to the Council
and they could make a determination where the surplus funds could be utilized.
The Council bric11y discussed the land exchange for the library site. Bruce Thielen questioned
whether a referendum would be needed to fund the library expansion. An architect is currently
working on a feasibility study for the library space. The expansion of the motor vehicle building was
also discussed. The City are looking to take 600-700 feet of the clothing part of the building for
expansion needs.
Rick W olfsteller discussed the reserve funds and their uses. lie noted that whi Ie there is
$1,000,000 in the capital outlay fund, $600,000 is committed which leaves for $400,000 available
f()r use for items such as the library expansion. He also pointed out that a certain level of reserves
in the general fund is needed tl)r operating capital plus 10-150/<) for contingencies but anything in
excess could be use for other purposes. The Council asked whether any oCthe equipment
purchases could be funded from utility fund reserves. For example if vehicle was used 20% of the
time by the sewer department then 20% of the cost of the vehicle could be taken from the sewer
fund reserves.
.
The Council felt that the City should levy the maximum allowed and to add to the 2003 levy for the
proposed bond sale to the 2003 budget. The adoption of the preliminary budget and tax levy
would take place at the September 9, 2002 meeting.
'"'
-)
d-~
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Mayor Bclsaas closed the meeting at 6:45 p.m.
-"_.,-,._,-,-,--,._"~".-_.,._-_._.,-
Recording Secretary
.
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Special Meeting Minutes - 8/26/02
4
d-~
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.
Council Agenda - 9/9/02
SA.
Consideration of a
new hires and de artures for MCC and Li "or Store. (R.W)
A. REFERENCE AND BACKGROlJND:
The Council is asked to ratify the hiring of new employees that have occurred recently at the MCC
and Liquor Store. As you recall, it is recommended that the Council officially ratify the hiring of all
new employees including part-time and seasonal workers.
B. ALTERNATIVE ACTIONS:
1. Ratify the hiring ofthe part-time employees for the MCC and Liquor Store as identified on
the attached list.
C. SUPPORTING DATA:
Lists of new employees.
.
NEW EMPLOYEES
. Name Title Department Hire Date Class
Craig, Ricky Clerk Liquor 8/19/02 P-T
Hopkins, Amy Guest Sv II MCC 8/19/02 P-T
Pavlik, Heather Guest Sv II MCC 8/21/02 P-T
Schmitz, Cheryl Clerk Liquor 8/15/02 P-T
. TERMINATING EMPLOYEES
Name Reason Department Last Day Class
Christian, David E. Voluntary MCC 4/15/02 P-T
Farr, Chandler Voluntary MCC 8/17/02 P-T
Gantner, Elizabeth Voluntary MCC 7/20/01 P-T
Hertwig, Summer Voluntary MCC 5/31 /02 P-T
lano, Danielle S. Voluntary MCC 8/20/02 P-T
Kelly, Paul N. Voluntary MCC 8/1/02 P-T
Mattlow, Joseph Voluntary MCC 5/15/02 poT
Mooridian, Sarah Voluntary MCC 8/10/02 Temporary
Peterson, Amanda Voluntary MCC 5/1/02 P-T
Schultz, Cindy Voluntary MCC 4/1/02 P-T
Weldon, Matthew Voluntary MCC 7/15/02 Temporary
Whitney, Andrew Voluntary MCC 8/19/02 P- T temp seas
.
employee council list: 8/28/02
SA
.
5B.
.
.
City Council Agenda - 09/09/02
REFERENCE AND BACKGROUND
Dave Peterson of Monticello Ford is requesting approval of an Interim Use Perm it and
PUD Amendment to permit the expansion of automobile sales and display area onto thc
vacant lot adjaccnt to the existing parking area and behind the daycare t~l.cility. This lot is
approximately two acres in size, and would be uscd for vchicle parking/storagc only - no
sales. Following is Davc Peterson's proposal:
"The storage area to the west (back) of thc day care property may be
surt~lCed with gravel or crushed concrete base. The cxtent of this arca
shall be no more than 200 feet north of the existing paved storage lot on
Lot 8, Block 3 of Plaza Partners Addition with a row of evergreen trees
plantcd just outside of this area to bettcr scrcen the storage lot from view
of thc freeway. The applicant shall plant a row of 8 to 12 evergreen trees
along the boundary with the rear lot line ofthc day care building to screcn
this area from the neighboring use and the gravel surface shall extend to
no closer than 10 feet from the lot line of the day care center property.
No parking, storage or display shall be allowed in any area ofthe subject
site that is not surfaced with gravel or crushed concrete.
Security lighting will be provided by adding fixtures on the two existing
poles closest to the temporary storage area next to the existing storage lot.
Three years of temporary parking is fine."
The applicant is seeking this allowance to accommodate the introduction of a new
dealership (West Metro Buick) into the old Ford building and the Dunlo parcel, and in
anticipation of a future import dealer on the vacant parcel.
This request raises two primary issues for the City. First is enforcement ofthe temporary
nature of the permit. With an Interim Use Permit, the applicant agrees to a specific date
or condition on which the termination ofthc use will occur. This date is set by contract-
the primary issue comes when the date arrives and the applicant wishes to continue the
use. The City can issue a new permit, or enforce the contract, but enforcement is always
a difficult undertaking.
The second issue relates to the City's provisions for automobile dealership building
ratios. Adding the currently vacant parcel into the mix of automobile building/sales lot
development would leave the area in non-compliance with the requirement for a 15(%
building area ratio for these uses. It is estimated that a bui lding of approximately 20,000
square feet would eventually be necessary to offset the additional sitc area to be used for
City Council Agenda - 09/09/02
.
display and storage. The applicant has suggested a timeline of two to five years to attract
and develop the additional dealership, and has not indicated the huilding expectations for
such a facility.
If this permit is to be approved, planning staff would recommend a period of three years,
at whieh time the applicant should know with more certainty as to the likelihood of the
additional dealership. While the minimal improvements for a temporary facility would
make sense in regard to avoid waste, the permission to use property at substandard
improvement levels also has a tendency to delay hetter development, since the property
owner gets some economic return with little investment. The intent of the zoning
ordinance is to encourage investment in property that has a positive effect on job creation,
economic development for the community, and creation of tax base.
After three years, the City could insist on the removal of the temporary display and
storage. Hopefully, this would be in connection with the permanent development orthe
vacant parcel (as well as the upgrade ofthe West Metro facility - an eventual likelihood
suggested by the applicant). The applicant should plan to provide landscaping plans and
lighting plans for the property, as well as details regarding surfacing materials and
drainage control on the site satisfactory to the City Engineer.
ALTERNATIVE ACTIONS
.
1.
Motion to approve a pun Amendment and Interim Use Permit for Dave Peterson
to accommodate temporary automobile display and storage consistent with the
survey dated April 27, 2000, and consistent with the recommendations of this
report as summarized in Exhibit Z.
2. Motion to deny the pun Amendment/Interim Use Permit based on findings that
the temporary nature of the use will raise enforcement issues, and that the
expansion of sales area is inconsistent with the City's requirements for building to
lot area ratios for automobile dealerships.
STAFF AND PLANNING COMMISSION RECOMMENDATION
Staff and Planning Commission recommend approval on with the conditions stated
Exhibit Z, statT added condition #6. As noted, temporary permits can be problematic
when the termination date arrives and the applicant is not ready to develop the property in
a permanent fashion consistent with the zoning requirements. The interim improvements
discussed in this report are designed to ensure that the site will not hecome an eyesore
during the interim period.
SUPPORTING DATA
.
Property survey
Exhibit Z - Conditions of Approval
2
Exhibit Z _ Conditions of Approval for Interim Use Permit and PUD
. Amendment _ Dave Peterson/Monticello Ford - Approved 9/3/02
1. interim Use Permit will be valid through September 30, 2005, at whieh time it will
terminate and all use of the property will be required to come into full conformance with
the zoning ordinance in effect at that time. The subject site is Lots 9 and 10, Block 3, Lot
I Block I, and Outlots A and B of Plaza Partners addition.
2. The storage area to the west (back) of the day care property may be surfaced with a
gravel or crushed concrete base. The extent of this area shall be no more than 200 feet
north of the existing paved storage lot on Lot 8, Block 3 of Plaza Partners addition. The
applicant shall plant a row of 8 evergreen trees along the boundary with the rear lot line
of the day care building to screen this area from the neighboring use, and the gravel
surface shall extend to no doser than 10 feet from the lot line of the day care center
property.
3. No parking, storage, or display shall be allowed in any area of the subject site that is not
either paved or surfaced with gravel in accordance with the approved plans.
4.
The applicant shall submit a lighting plan for City review and approval, prior to use of
the property for storage, display, or parking.
.
5.
Violation of the terms of the Interim Use Permit shall not affect the original PUl)
approval, but shall be cause for revocation of the Interim Use on the subject site.
6. The site shall be graded in conformance with City standards as determined by the City
Engineer.
EXHIBIT Z
.
58
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35
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sc.
City Council Agenda - 9/9/02
Consideration to rescind previous motion for approval of the Contract for Private
Development between the HRA. the Citv. and the Central Minnesota Housing
Partnership and to approve chanl!es to City Resolution No. 2002-34. (O.K.)
A. Reference and Background:
At the September 4, 2002, HRA meeting, the commissioners approved changes to the
Contract for Private Development between the HRA, the City, and the Central Minnesota
Housing Partnership. The changes include increasing the TIF up-front assistance for
property acquisition from $125,000 N PV to $158,000 NPV associated with the Central
Minnesota Housing Partnership work-force housing/redevelopment project. Please note
attached copy of previous update to the Council for explanation of increase.
'rherefore, now, the l-IRA requests the Council rescind their June 24, 2002, motion
approving the Contract for Private Development between the HRA, the City, and the
Central Minnesota Housing Partnership. Rescinding the previous motion includes
agreeing to increase the amount of the City loan from $125,000 to $158,000 to the HRA
which enables the liRA to provide the up-front assistance. The terms ofthe loan remain
the same at 5%, commencing August 1,2004 and ending the earlier of February 1,2030,
or the date the loan is repaid in full.
The second part of the motion requests the Council to approve changes to Resolution No.
2002-34 reflecting the increase in the principal amount of the loan from $125.000 to
$158,000.
Also attached are the 'fIF Cash-tlow projections. The total amount oftax increment
generated over 25 years is estimated at $181,000 NPV. this supporting the increase in the
up-front assistance.
The CMHP has closed on acquisition of the two city parcels and anticipates demolition of
homes on Monday, September 9 with final plat to be filed and grading and building plans
approved prior to construction. CMHP also anticipates all 11 homes to be pre-sold.
B. Alternative Action:
1. A motion to rescind previous motion for approval of the Contract for Private
Development between the J I RA, the City, and the Central Minnesota I lousing
Partnership and to approve changes to City Resolution No. 2002-34.
City Council Agenda - 9/9/02
.
2.
A motion to deny rescinding the previous motion for approval of the Contract for
Private Development between the HRA, the City, and the Central Minnesota
Housing Partnership and to deny changes to City Resolution No. 2002-34.
3. A motion to table any action.
C. Recommendation:
Recommendation of the City Administrator and Economic Development Director is
Alternative No.1. The HRA agreed to up-front assistance and waived the $5,000 deposit
for a non-profit organization.
D. Supportinl! Data:
Copy of .letTs update to Council, project costs, and TIF Cashtlows, and proposed
changes to the Contract and Resolution.
.
.
2
.
.
.
llpdate on Central Minnc:sota Partnership Affordabk 1.ll)using Proje(t.
This note is \\Titten to inform Council that the Centrall'vlinnesota Housing Project is
3ppro:ximately $66.000 over budget and that the City Administrator is suggesting that the HR."\
provide an additional $33.000 in TIF assistance. Attached you \villlind the revised budget for the
project which shows that the per sales price limit of $126.000 has been exceeded. In order to
save the project. CMHP is seeking additional revenue and or budget cuts necessary to get the per
unit cost back to the $120-12 LOOO range. The infusion oLldditional T1F along would bring the
per unit cost to the $123.000 range.
Staff did not encourage a reduction in site amenities to reduce cost because the restrictive
covenants requirement/association, landscaping and architectural detail are necessary components
of a successful housing development. Currently. the finance plan shows CMHP paying the city
$95,000 for City land. Under Rick's proposal. CMHP would pay $62.000 and TIF would cover
th.e remaining $33,000. It appears that CMHP is supportive of continuing with this project under
Rick"s proposal. The HRA will be presented this request at their next meeting. Staff is confident
that the HRA will accept this proposal. However, in the event the HRA does not want to employ
additional TIF. then the City will need to reduce the price of the land to make the project work.
Unless staff hears otherwise from Council. it is assumed that the City Council will reduce the land
price in the event that the HRA does not approve additional TIF funds for the project.
sc
Revised Monticello Numbers
8/2102
.
Total Cost ,_ j, ,.,
357,520 <'- 7..:, ,. JtJc-e 01 Q(} f1 ~ ~,COO
13,500
1,750
750
12.375
10,000
- fr 000.
42,750
2,750
6,000
500
25,000
6,600
25.000
581,495
ACQu isition/Oemol itio n
5 Properties
Legal at $500 ea.
Title Insurance
Filing Fees
Demolition
Platting & abstracts
Site Preparation
Fees and Permits
Real Estate Taxes
Financing
Insurance
Contingency
seller closing costs
Developer Fee
Subtotal
New Construction 11 homes
Subtotal
Total cost Acquisition/new construction
1,033,659 (Price includes base bid, 2.000 landscaping
1,033,659 2.000 Sprinklers)
1,615,154
Sources
Tax Increment Financing
Employer
eermits & Fees
Deferred Developer Fee
125,000
$60,000
$42,750
$227,750
$25,000
Home cost
126,128
Buver pays 2 points on price
2,500
128,628 (Over guidelines)
Program Sales Price limits
$126,000
.
SG
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5/22/02
.
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Ehlen: ;jInd Anociahr$. Inc,
CITY OF MONTICELLO, MlNNESOT A
T.I.F. CASH FLOW ASSUMPTIONS
Inlerest Rate
Tax.ExtenSlon Rate:
InnaUon Rate:
Innalion on lax rates is not captured by TIF.
PIN
155-010-009030
155-010-009040
155-010-0090SO
155-010-009060
155-010-009061
Total
BASE VALUE INFORMA nON
Percentage Total parcel Pay 2001
of Parcel Market Value Value
100.00"10 39.000 39,000
100.00"10 39,200 39.200
100.00"10 63,000 63,000
100.00"10 20.700 20,700
100.00"10 50,400 50,400
212,300 212.300
7.0000,'0
145859 Pay 02
2.00000,,"
Type of Tax Increment D,stncl:
Type of Development:
Number of Units
PROJEct V ALUE INFORMATION
HOusing
Owner occupied Housing
11
Eslimated Markel Value of New Project:
Class Rate on flrsl 576,000 of Market Value
Class Rate Markel Value> 576,000
Estimated Tax Capacity:
Estimaled Taxes:
AssessO(s Market Value/unit
Taxes/unit
Taxes do not include market value taxes, which are nol captured Dy TIF
ASsumes 5 houses completed construction in 2002 and remainder in 2003
1,320,000
1.00%
1.00%
13,200
19,253
$120,000.00
51,750.31
Pay 04
Pay 04
s
tfu
Page'
sfhousin;,T1F:lO
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CITY OF MONTICELLO, MINNESOTA
mV02
TAX INCREMENT CASH FLOW
Base Project Captured Sem~Annual Admin HIlA Sem~Annual Local Yei3rs
PERIOD BEGINNING Tax Tax Tax Gross Tax at .1 Net Tax Cumul. NPV Match at 01 PERIOD ENDIN"-
Yrs Mth. Yr. Capacity Capacltv Capacity Increment 10.25% 00% Increment 7.00% 0.00% Increment Yr5. Mth
0.0 08.01 2002 2.123 2,123 0 0 0 0 0 0,0 050 02-01
0.50 02-01 2003 2,123 2.123 0 0 0 0 0 0.0 1.00 08-01 ""...~....
1.00 08.01 2003 0 0 0 0 0.0 1.50 02.01 2004
1.50 02-01 2004 2.123 6,600 4,477 3,265 -335 0 2.930 2,554 0 05 200 08-01 2004
2.00 08.01 2004 3,285 -335 0 2,930 5.021 0 10 2.50 02.01 2005
2,50 02.01 2005 2,123 13.200 11,077 6,076 -628 0 7,250 10.919 0 15 3.00 08.01 2005
3.00 08.01 2005 8.078 -826 0 7.250 16,618 0 2.0 350 02-01 2006
3.50 02-01 2006 2,123 13,464 11,341 8.271 -848 0 7.423 22,255 0 25 4.00 08-01 2006
4.00 08-01 2006 B,271 -64B 0 7,423 27,702 0 3.0 4.50 02.01 2007
4.50 02-01 2007 2.123 13.733 11,610 6467 -668 0 7.599 33.089 0 3,5 500 OB.Ol 2007
5,00 08.01 2007 8,467 -668 0 7,599 38,294 0 4,0 5,50 02-01 2008
5.50 02.01 2008 2,123 14,008 11,885 8,668 -688 0 7,779 43.442 0 45 6.00 06-01 2008
6,00 06-01 2008 6,668 .666 a 7,779 46,416 0 5.0 6.50 02-01 2009
6.50 02-01 2009 2,123 14,268 12,165 8,872 -909 0 7,963 53,336 0 5.5 7.00 08-01 2009
7,00 08-01 2009 8,872 -909 a 7,963 58 088 0 60 7.50 02-01 2010
7.50 02-01 2010 2,123 14,574 12,451 9,080 -931 a 8,150 62.788 0 6.5 8.00 08-01 2010
8.00 08-01 2010 9,080 -931 a 8,150 67.329 0 7.0 8.50 02-01 2011
8.50 02-01 2011 2,123 14,865 12,742 9,293 -953 a 8.340 71.819 0 7.5 9.00 08.01 2011
9,00 08-01 2011 9,293 -953 0 8,340 76.158 0 80 950 02.01 2012
9,50 02.01 2012 2,123 15,163 13,040 9,510 -975 a 8,535 80,447 0 8,5 10.00 08-01 2012
10.00 06-01 2012 9.510 -975 a 8,535 84.592 0 9.0 10,50 02-01 2013
10.50 02-01 2013 2,123 15,466 13,343 9,731 -997 a 8,733 68,689 0 9,5 11.00 08.01 2013
11.00 08-01 2013 9,731 -997 a 8.733 92.648 0 100 11.50 02-01 2014
11.50 02-01 2014 2,123 15,775 13,852 9,956 -1.021 0 6.936 96,561 0 10.5 12.00 08-01 2014
12.00 08-01 2014 9,956 -1,021 a 8,936 100,342 0 11,0 1250 02.01 2015
12.50 . 02.01 2015 2,123 16,091 13,968 10,187 -1,044 a 9,142 104,080 0 1 I ,5 13.00 08-01 2015
13.00 08-01 2015 10,187 -1,044 0 9,142 107.692 0 12.0 13.50 02-01 2016
13.50 02-01 2016 2,123 16,413 14,290 10,421 -1,068 0 9.353 111.261 0 12.5 14,00 08-01 2016
14.00 06-01 2016 10,421 -1,066 0 9.353 114,710 0 13.0 14.50 02-01 2017
14,50 02-01 2017 2.123 16,741 14,618 10.661 -1,093 0 9,566 118.119 0 13.5 15,00 08-01 2017
15,00 08-01 2017 10,661 .1,093 0 9.566 121.413 0 14.0 15,50 02-01 2018
1550 02-01 2018 2,123 17,076 14,953 10,905 -1,116 0 9.787 124.668 0 145 1600 08-01 2018
16.00 08.01 2018' 10,905 -1,118 a 9.787 127,813 0 150 16.50 02-01 2019
16.50 02-01 2019 2,123 17,417 15.294 11,154 .1,143 0 10.011 130,921 0 15.5 17.00 08-01 2019
17.00 08-01 2019 11.154 -1.143 0 10,011 133,924 0 16,0 1750 02-01 2020
17,50 02-01 2020 2,123 17,765 15,542 11,408 -1,169 0 10.239 136.891 0 16.5 18.00 08-01 2020
16.00 08-01 2020 11,408 -1,169 0 10,239 139,758 0 17.0 1850 02.01 2021
18.50 02-01 2021 2,123 18,121 15,998 11,667 -1,196 0 10,471 142.592 0 17.5 19.00 08-01 2021
19,00 08.01 2021 11.687 -1,196 0 10.471 145,329 0 18.0 19,50 02.01 202?
19.50 02-01 2022 2,123 18,483 16,360 11,931 -1,223 0 10,708 148,033 0 18.5 20.00 08-01 2'
20.00 08-01 2022 11.931 -1,223 0 10.708 150.647 0 19.0 20.50 02-01 ;;.
2050 02-01 2023 2,123 18,853 16,730 12.201 .1.251 0 10,950 153,229 0 19.5 21,00 08.01 20..
21.00 08-01 2023 12,201 -1,251 0 10,950 155,723 0 20,0 21.50 02-01 2024
21.50 02-01 2024 2,123 19,230 17,107 12,476 -1,279 a 11,197 158,188 0 20,5 22.00 08-01 2024
22.00 08-01 2024 12,476 -1,279 a 11,197 160,569 0 21,0 22.50 02-01 2025
22.50 02-01 2025 2,123 19,615 17 ,492 12,756 -1.308 a 11,449 162,921 0 21.5 23.00 08-01 2025
23.00 08.01 2025 12.756 -1,308 0 11.449 165.194 0 22.0 23.50 02.01 2026
23.50 02.01 2026 2,123 20.007 17,884 13.043 -1,337 0 11.708 187.439 0 22.5 2400 08-01 2026
24.00 08-01 2026 13,043 -1,337 0 11,706 169.609 0 23.0 2450 02-01 2027
24,50 02.01 2027 2,123 20,407 18,284 13,334 -1,367 0 11.968 171.751 0 23.5 25,00 08-01 2027
25.00 08-01 2027 13.334 -1,367 0 11,968 173,822 0 24,0 25,50 02-01 2028
25.50 02-01 2028 2,123 20,815 18.692 13,632 -1,397 a 12,235 175,867 0 245 26.00 08-01 2028
2600 08-01 2028 13,832 .1,397 0 12,235 177,843 0 25,0 2850 02.01 2029
26.50 02-01 2029 2,123 21,231 19,108 13,938 -1.428 a 12.507 179,794 0 255 2700 08-01 2029
2700 08-01 2029 13,936 -1,428 0 12,507 181,680 0 26.0 27. 50 02-01 2030
Totals 545,807 -55,945 0 489,862 0
Present Values 202,429 -20,749 0 181.680
PrOJel;IIQnS ilrl! I!:!i.llmutes Dued upon expeded flrsl yl!t.t of 1nCl"l!!In'utrll, m.~el v.kJes. III), rales. erc., all of whlcn ate sub,~CIIO change.
-,
Sc-,
Enler, itnd A::;soCla1e:s.. lnc
Page 2 ~Jhol..l~ln9 11f30
ARTICLE III
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Acquisition of..!)roperty; Financi~ll Assistance
Section 3.1. 6cguisiti()n and (~Oll~~_y.<;!.!Jse of thf. Development PrQpertv. As of the date of
this Agreement. the Developer has entered into one or more purchase agreements for the acquisition
of the Development Property frOln a third-party. Neither the City nor the Authority shall have any
obligation to acquire any part of the Development Propel1y.
Section 3.2. Soil Conditions. The Developer acknowledges that neither the Authority nor
the City makes any representations or warranties as to the condition of the soils on the Development
Property or its titness for constrLlction of the Minimum Improvements or any other purpose for
which the Developer may make use of sLlch property. The Developer further agrees that it will
indemnify. defend. and hold harmless the Authority. the City. and their governing body members.
officers. agents. servants. and employees. from any claims or actions arising out of the presence. if
any. of hazardous wastes or pollutants on the Development Property. The Developer's obligations
under this Section 3.2 shall survive terminationoCthis Agreement.
.
Section 3.3. PaYl11ent or Admin~strativeCosts. The Authority hereby agrees that it will pay
its own Administrative Costs (as hereafter defined). For the purposes of this Agreement. the term
"Administrati ve Costs" means out-oC-pocket costs incurred by the Authority and attributable to or
incurred in connection wi th the negotiation and preparation of this Agreement and other documents
and agreements in connection \vi th the development contemplated hereunder.
Section 3.4. Land Acquisition. In order to make development of the Minimum
Improvements economically kasible. the~~t-'~oJ'iJ,v will reimburse the Developer. in the manner
and amou~~\ ~~tC!/~rth herein. fl.)!' up to $ _).0001,f the Land Acquisition Costs. hereby defined
as up to $.. _).000 of the De\l:loper's cost of acquiring the Development Property. Any costs in
excess of these respective amounts shall be the responsibility of the Developer. Neither the
Authority nor the City shall have any obligation to the Developer or to any third party with
respect to any defects in the construction of the Minimum Improvements.
Section 3.5. Finan~in!! of .Land A~quisi!ion Costs. The Authority will reimburse the
Developer lor the Land Acquisition Costs in accordance with the following terms and
conditions:
(a) Subject to the terms and conditions of this Agreement. the land Acquisition Costs
\\till be paid by the Authority to the Developer within 30 days of the date on which the Developer
provides the Authority \yith a payment request certificate signed by its duly authorized
representati\\ ~atin!!: (i) that the Dcyeloper has paid land Acquisition Costs in at least the
"''iI. a b
amount of $ 2).800: (ii) that no Event of Debult has occurred and is continuing under this
Agreemcnt: and (iii) that the De\eloper has reccived a Certificate of Completion for at least II
Houses on thc Developmcnt Propcrty pursuant to Section 4.4 of this Agreement. The payment
request ccrtilicatc must be accompanied by evidence satisbctory to the Authority that the Land
Acquisition Costs h.we bccn incurred ami paid by the Developer.
.
I\INllJlI.l)l)
7
sc
DKi-211l337\2
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(b) The 'Authority shall not he obligated to make any payment under this Section if:
(i) there is an bent or Default on the Developer's part under this Agreement that has not been
cured; or (ii) the Ikveluper has raileu to comply with the payment procedures described herein.
Section 3.6, L~_e~aive~~. The City will forgive up to $42.750 of permit application and
other kes (the ""hes"") that would otherwise be uue to the City and borne by the Developer in
connection with development or the Development Property. provided that if the Developer does not
receive a Certilicatc or Completion for the Minimum Improvements pursuant to Section 4.4(a) of
this Agreemcnt. the De\clopershall pay to the City any Fees forgiven pursuantto this Section 3.6.
Section 3.7. 13usiness Sl~~sidy A~ment. The Business Subsidy Act does not apply to this
Agreement because the assistance heing provided hereunder is to promote housing opportunities
within the City.
.
Section 3.X. Ci'-..YJ!!1d Authorit\' Internal Financing Arrangements. (a) In order to enable
the A.~lthority to provide the Lal~d ~~~~i~~bCosts finm~,cing to the Developer described .herein,
the (Ity shall loan the Authonty $~O (the "Loan) on or before the date on \vhlch the
Authority becomes obligated to pay such amount to the Developer. The Authority shall repay
the City for the Loan. with interest thereon at 5.00% per annum commencing to accrue on the
date such loan is made. Repayments \vill he made solely from and to the extent of Available Tax
Increment. hen~hy defined as l)O% of Tax Increment. and will be paid by the Authority to the
City on each February I and August I (each sllch date a "Payment Date"") commencing on
August 1. 2004 and terminating on the earlier of February 1, 2030 or the date the Authority bas
repaid the Loan in full pursuant to this Section 3.8.
(h) The Authority shall additionally reimburse the City for the Fees forgiven by the
City pursuant to Seetion 3.6 of this Agreement (the "Waived AmounC). with no interest accruing
on the Waived Amount. Such reimoursements shall be made from excess tax increment
generated oy one or more or the Authority's other housing tax increment districts in the City to
the extent that such tax increment may lawfully used for such purpose and shall be made no later
than a reasonahlc time after the Developer has received a Certificate of Completion l~)r the
Minimum Improvements.
(c) The Authority shall haw no obligation to pay any portion of the Loan that remains
unpaid after the Termination Date. The Authority may prepay all or part of the Loan or the Waived
Amount at any time.
(d) The provisions of this Section 3.8 arc tl)r the sole benefit of the City and the
Authority and shall not be deemed tn create any right in any person not a party to this Agreement.
Section 3.9. Tax Increment Dcliciencies. (a) If. on the Termination Date. the City has
not been fully reimhursed for the Loan pursuant to Section 3.8 of this Agreement. the Developer
shall pay to the City. \vithin 10 days of demand therefor. an amount equal to the difference
bet\\een the sum of the Lllan (and interest thereon as described in Section 3.8(a)) and the amount
of Available Tax Increment paid to the City by the Authority pursuant to Section 3.8(a).
.
\).I(i-~lh_\J7\2
1\INI<J(I-'l()
8
5c
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CITY OF MONTICELLO
WRIGHT COUNTY
ST ATE OF MINNESOTA
Council member Brian Stumpf
introduced the following resolution and moved its adoption:
RESOLUTION NO. 2002-34
'$~58 ,coO
RESOLUTION APPROVING THE TERMS OF $lli,Q09' INTERNAL LOAN IN
CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-30.
BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the
"City"), as follows:
Section 1.
Backl!round.
1.01. The City has heretofore approved the establishment of Tax Increment Financing District
No. 1-30 (the "TIF District") within Central Monticello Redevelopment Project No.1 (the "Project Area"),
and has adopted a tax increment financing plan (the "Plan) for the purpose of financing certain costs
identified in the TIF Plan within the Project Area (the "Improvements").
.
1.02. The City has determined to pay for the Improvements, conslstmg of land/building
acquisition, site improvements/preparation, public utilities, parking facilities, streets and sidewalks,
interest, and administrative costs (collectively, the "Qualified Costs"), which costs will be financed on a
temporary basis from [identify fund to be borrowed from; or insert: City funds available for such
purposes] .
1.03. Under Minnesota Statutes, Section 469.178, Subdivision 7, the City is authorized to advance
or loan money from the City's general fund or any other fund from which such advances may be legally
made, in order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived f~om
the TIF District [or name other districts that will be source of repayment] in accordance with the terms of
this resolution (which terms are referred to collectively as the "TIF Loan").
Section 2.
Terms of TIF Loan.
2.0 \. The Ci~tJ1.<~lcfoPay to the City fund from which the Qualified Costs are initially paid, the
principal amount of ~together with interest on the principal amount expended accruing from the
date of each initial expenditure, at the greatest of (a) the rate specified under Milmesota Statutes, Section
270.75, or (c) the rate specified under Minnesota Statutes, Section 549.09. The interest rate for each
calendar year during the term of the TIF Loan will be determined as of each January 1, using the
maximum rate under clauses (a) or (b) in effect as of that date.
.
2.02. Principal and interest ("Payments") shall be paid semi~annually on August 1, 2004 and each
August 1 and February 1 thereafter to and including the earlier of (a) the date the principal and accrued interest
of the City Note is paid in full, or (b) the date of last receipt of tax increment from the TIF District ("Payment
s~
.
.
.
Dates") which Payments will be made in the amount and only to the extent of Available Tax Increment as
hereinafter defmed. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest
accruing from the date of each expenditure to the first Payment Date shall be compounded semiannually on
February 1 and August I of each year and added to principal.
2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall
mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with respect
to the property within the TIF District [or name other gistricts] and remitted to the City by Wright County, all
in accordance with Minnesota Statutes, Sections 469.174 to 469.179. Payments on this TIF Loan are
subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available
Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in
part with Available Tax Increment.
2.04. The principal sum and all accrued interest payable under this TIF Loan are pre-payable in
whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the
amount or timing of any other regular payment otherwise required to be made under this TIF Loan.
2.05. This TIF Loan is evidence of an internal borrowing by the City in accordance with Minnesota
Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment
pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed
to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without
limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax
Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political
subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs
incident hereto. The City shall have no obligation to pay any principal amount of the TIF Loan or accrued
interest thereon, which may remain unpaid after the fmal Payment Date.
2.06. The City may amend the terms of this TIF Loan at any time by resolution of the City Council,
including a determination to forgive the outstanding principal amount and accrued interest to the extent
permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
Adopted this 24th day of June
,2002.
~
ATI~, (j)Fi~
City Clerk
SG
Council Agenda - 09/09/2002
.
50.
Consideration of detourin westbound CSAH 75 traffic down River Street for one da to
allow median curb installation. (.I.S.)
A. REFERENCE AND BACKGROlJND:
The county, city, Butfalo Bituminous and its subcontractors are working together cooperatively to complete
the north side ofCSAI175 by the end of September. Water main installation is bogged down a little due
to some problematic service installations. We have, however, found a way to use the in place 6" water
lines flJr temporary service in other areas so have made up some time in those areas.
.
One item of concern is how to complete the southern edge ofthe median with the nOl1h side construction
to allow adequate time for curing ofthe concrete prior to construction on that side and/or winter conditions.
In a recent meeting it was determined that the south side ofthe median could be put in the north side
construction if we could mill an additional 6' and then re-route the westbound traftlc to allow room for the
concrete paver and the cement trucks. It's estimated that the south median line cast of TII 25 to
Washington Strect could be laid in one day iftraftlc were re-routed. The county does not wish to re-route
the traffic on the subgrade or gravel portion of75 on the north so, consequently, we need to use either 3rcl
Street or River Street. Since River Street is the only one with a signal it appears to be the only alternative.
Therefore, the county is requesting that the city council authorize the westbound traffic to be re-routed
down River Street fix aday around the 23rd of September. In addition. the same logic would apply to the
west side of25 to Chestnut Street. Consequently, wc would requcst that the council also allow that bypass
to occur down river Street when and if needed in late September.
n. ALTERNATIVE ACTIONS:
1. The first alternative is to allow River Street to be used for a westbound bypass ofCSAH 75 for
one day on the east side ofTJ-I25 and, ifneeded, an additional day later for the portion west of
TH 25.
2. The second alternative would be not to authorize traffic re-routing on river Street.
C. STAFF RECOMMENDATION:
It is a staff recommendation that the City Council approve the detours as outlined in alternative #1. It is
possible that there may be additional costs on the project for additional mobilization flJr the milling of the
six additional teet of pavement. At this time the city <md the county would share in these costs and they will
be brought back in the form of a ehange order at a later date.
D. SlJPPORTING OAT A:
. Copy ofletter from Wright County.
.
.
.
WRIGHT cOUNrry
DEPARTMENT OF HIGIIWA YS
WAY';;;^- FINGi\.l.SON,P.E
ll:ighwoy1.,,;:inCCI
(1$$) e82 73gg
VlJ?GIL C. f1AWKt'SS, I\E
Mcitltanl U:igl:lWtI,j' Ln!:inccf
17&$) 682-73$7
RlCliARtl E. MARQmrn;
flight dW.y I\t1lm
17$3) ~2"13ea
Wright Coun~'I Public Wurks BJJLlding
1901 Highway 25 North
Buffalo, Minntltota 55313
Jd. TH 25 and C.R. )SH
Tel~phon.e; (763) 682,7383
FAX (763; 582.731:1
1ast?
September 5, 2002
\h John Sunola, Public Works Director
of MontkeDo
90<) Go]( Course Road
MN 55362
Re: (:SA.H i5 Improvements, SAP 8(1-675.14
City of :\1ontkeUo
Dear John:
disclfSsed al a meeting callen by Mike Traut of Buffalo Bituminous, Ine, the
comractor for the above mentioned contract is requesting from the City to use of River
StIcel !()T d one day detour of westbound CSAH 75 traffic.
'Jhe d~li)nr'.Vonld begin most likely early in the week of September 23", and would
Ld ouc only for Ihe westbound lane of traffic, Tl1is detOur of CSAH 75 traffiC will allow
the cenrt'! raisd concrete curb median on the south side of centerline to be poured, which will
aid if: the prOJect completed on schedule.
P![,as,~ let me know li you have imy questions or require further information,
1 ' /\14 /")
11/' /j ;
'C!t41y.k1 . i/f{6<J
G Hawkins, PI::
Coumy Engineer
Kevin Johnson. Senier Construction Technician
Bill Cordell, Senior Traffic Teclmician
Brei Weiss, lne
Mike TrauL. BuffalQ Bimminous, lue:
File
C,1J,;;'HV','V\O>PRC'JEcrs ?5H'WO((! PmlectlCOv\lf lettllr to City r,ver $t detOJr reqwost.wot!
Lqnll Oppqr:u,,;ty.' Aff,rm<lrh. At/ion .Employer
5'[)
.
.
.
Council Agenda - 9/9/02
Si.
Consideration of resolution authorizin the issuance of Senior Housin
Bonds (Mississiopi Shores Project). (R W)
Revenue
A. REFERENCE AND BACKGROlJND:
In July of 1995, the City issued a $3.5 million hond on behalf of Presbyterian Homes Housing and
Assisted Living Incorporated to develop the Mississippi Shores Senior Housing Project next to the
hospital. The City used its tax exempt backing of this project to allow the developer to obtain a
lower interest rate for their project. The Monticello liRA also created a TI F iF 1-19 for the project.
With declining interest rates now availahle, the developer of the project is now requesting approval
to refinance the Mississippi Shores debt with a new $3 million revenue hond. Mr. Steve Bubul of
Kennedy and Graven, has been working with the developer on the preparation of the appropriate
legal documents for the refinancing and has indicated that their should not be any reason why the
City would not continue to support the refinancing efforts of the developer and noted that all cost
associated with this refinancing will be paid hy the housing project. The HRA has also reviewed the
refinancing proposal and has agreed to amend their contract for private redevelopment between the
lIRA, the City and Presbyterian Homes which will actually result in the housing project receiving less
tax increment assistance in the future years because of the lower interest rate they will experience.
B.
ALTERNATIVE ACTIONS:
1. Adopt the resolution approving and authorizing the issuance of Senior Housing Refunding
Revenue Bonds for the Mississippi Shores Project and authorizing the execution of the
related documents.
2. Do not adopt a resolution.
C. STAFF RECOMMENDATIONS:
It is the recommendation of the City Administrator that the resolution be adopted authorizing
Mississippi Shores to refinance their revenue bond. There is no cost to City Cor this approval and as
in the original bond documents, the owner of the Mississippi Shores Project is responsible for all
debt costs with no liability on the City's part should they default.
D. SUPPORTING DATA:
A copy of resolution. City staff has received the halance of the refinancing documents, including
loan agreement. loan guarantee and related closing documents.
.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTICELLO, MINNESOTA APPROVING AND
AUTHORIZING THE ISSUANCE OF ITS SENIOR HOUSING
REFUNDING REVENUE BOND (MISSISSIPPI SHORES
PROJECT), SERIES 2002 (THE "BONDS"), UNDER
MINNESOT A STATUTES, CHAPTER 462C, AS AMENDED;
APPROVING THE FORM AND AUTHORIZING THE
EXECUTION OF THE BOND AND RELATED
DOCUMENTS; AND PROVIDING FOR THE SECURITY,
RIGHTS AND REMEDIES WITH RESPECT TO THE BOND
WHEREAS, the City of Monticello, Minnesota (the "City"), is a statutory city duly
organized and existing under the Constitution and laws of the State of Minnesota; and
.
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out
the public purposes described therein and contemplated thereby by issuing its revenue bonds to
provide funds to finance the cost of refunding bonds previously issued pursuant to the Act, and is
authorized to enter into revenue agreements made in connection therewith and pledge those
agreements as security for the payment of the principal of and interest on any such revenue
bonds; and
WHEREAS, the City desires to assist nonprofit owners and operators of senior housing in
the City lower their borrowing costs; and
WHEREAS, the City is authorized by the Act to enter into a revenue agreement with any
person in such manner that payments required thereby produce income and revenue sufficient to
provide for the prompt payments of principal of, premium, if any, and interest on all bonds
issued under the Act when due, and the revenue agreement shall also provide that the borrower
shall be required to pay all expenses of the operation and maintenance of the project including:
but without limitation, adequate insurance thereon and insurance against all liability for injury to
persons or property arising from the operations thereof, and all taxes and special assessments
levied upon or with respect to the project and payable funding the term of the revenue
agreement; and
.
WHEREAS, the City received on behalf of Wedum!PHM Affordable Housing, Inc., a
Minnesota nonprofit corporation (the "Borrower"), a proposal that the City finance a project for
purposes consistent with the Act, consisting of redemption and prepayment of the remaining
outstanding principal amount of City's Senior Housing Revenue Bond (Mississippi Shores
Project) Series 1995 originally issued by the City to finance the acquisition, construction and
equipping of a 48-unit multifamily rental facility intended primarily for elderly persons and
commonly referred to as Mississippi Shores and owned by the Borrower and located in the City
(the "Proj ect"). The proj ect is located at 1215 Hart Boulevard in the City and will is owned and
operated by the Borrower; and
Sf
.
WHEREAS, the City has proposed to issue the Bond, as hereinafter defined, and loan the
proceeds derived from the issuance of the Bond to the Borrower to finance the Project; and
WHEREAS, the Bond is proposed to be purchased by American Bank (the "Bank") and
the proceeds derived from the sale of the Bond will be loaned to the Borrower pursuant to the
terms of a Loan Agreement, dated as of September 1, 2002 (the "Loan Agreement"), by and
between the City and the Borrower; and
WHERAS, the City will assign its rights in the Loan Agreement, except for the rights to
certain fees and expenses and indemnification, to Bank pursuant to an Assignment of Loan
Agreement, dated as of September 1, 2002 (the "Assignment"), by and between the City, the
Bank and the Borrower; and
WHEREAS, the payment of the principal of, premium, if any, and interest on the Bond
will be secured by: (i) the revenues derived from the Loan Agreement; (ii) a Mortgage, Security
Agreement, Assignment of Leases and Rents, and Financing Statement dated as of September
_,2002 (the "Mortgage") from the Borrower to the City, assigned by the City to the Bank by an
Assignment of Mortgage dated as of September _, 2002 (the "Assignment of Mortgage"), and
(iii) a Guaranty Agreement dated as of September 1, 2002 (the "Guaranty") from Presbyterian
Homes and Services, Inc. (the "Guarantor") to the Bank.
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MONTICELLO, MINNESOTA, AS FOLLOWS:
1. The City acknowledges, finds, determines, and declares that the issuance of the
Bond is authorized by the Act and is consistent with the purposes of the Act and that the issuance
of the Bond and the other actions of the City under the Agreements and this resolution constitute
a public purpose and are in the best interests of the City.
2. For the purposes set forth above, there is hereby authorized the issuance, sale and
delivery of the Bond in the aggregate principal amount not to exceed $3,000,000. The Bond
shall bear interest, shall be numbered, shall be dated, shall mature, shall be in such form, and
shall have such other terms, details, and provisions as are prescribed in substantially the form of
the Bond attached to the Loan Agreement now on file with the City. The City hereby authorizes
the execution of the Bond with the manual or facsimile signatures of the Mayor and the
Administrator. The City hereby authorizes the Bond to be issued as a "tax-exempt bond" the
interest on which is not includable in gross income for federal and State of Minnesota income tax
purposes for individuals, trusts and estates.
.
Without limiting the generality of the foregoing, the Mayor is authorized to approve
changes in the original aggregate principal amount of the Bond, the terms of redemption, the
principal amounts subject to redemption, and the dates of redemption of the Bond, and the other
terms of the Bond. The issuance and delivery of the Bond shall be conclusive evidence that the
Mayor has approved any changes to the forms of the Bond on file with the City on the date
hereof. The proceeds derived from the sale of the Bond shall be held, transferred, expended, and
invested in accordance with the terms of the Bond and the Loan Agreement and the earnings
SJB-219891 v I
MN190-104
2
~t.
.
from all investments of the proceeds of the Bond shall be held, transferred, expended, and
invested in accordance with the terms of the Bond and the Loan Agreement.
3. The proceeds derived from the sale of the Bond shall be loaned to the Borrower
pursuant to the terms and conditions of the Loan Agreement. Pursuant to the terms of the Loan
Agreement, the Borrower shall apply the proceeds derived from the loan under the Loan
Agreement (the "Loan") to the costs of refinancing the outstanding indebtedness with respect to
the Project. The Loan repayments to be made by the Borrower under the Loan Agreement are
fixed so as to produce revenue sufficient to pay the principal of and interest on the Bond when
due. Pursuant to the terms of the Assignment, the City shall assign its rights to the Loan
repayments and certain other rights under the Loan Agreement to the Bank as security for
payment of the Bond. Payment of the Bond shall be additionally secured by the Mortgage. The
Mortgage shall grant a first mortgage lien on the Project to secure the payment of the principal of
and interest on the Bond, and shall also assign all leases and rents for the Project to the
mortgagee. Payment of the Bond is additionally secured by the Guaranty.
.
4. Substantially final forms of the following documents have been submitted to the
City for approval and are on file with the City: (a) the Loan Agreement; (b) the Assignment; (c)
the Mortgage; (d) the Assignment of Mortgage; and (e) the Guaranty (referred to collectively
herein as the "Loan Documents"). The Loan Agreement, the Assignment, and the Assignment of
Mortgage are directed to be executed in the name and on behalf of the City by the signatures of
the Mayor and the City Administrator. The Loan Documents are approved in substantially the
forms now on file with the City, subject to such changes that are approved by the Mayor and that
are not inconsistent with this Resolution and applicable law. The execution and delivery of the
Loan Documents by the City shall be conclusive evidence that the Mayor has approved any
changes to the forms of the Bonds on file with the City on the date hereof.
5. The Mayor and City Administrator of the City are hereby authorized to execute
and deliver, on behalf of the City, such other documents as are necessary or appropriate in
connection with the issuance, sale, and delivery of the Bond, including the Information Return
for Tax-Exempt Private Activity Bond Issues, and all other documents and certificates as shall be
necessary and appropriate in connection with the issuance, sale, and delivery of the Bond. The
City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare,
execute, and deliver its approving legal opinion with respect to the Bond.
6. All covenants, stipulations, obligations, and agreements of the City contained in
this resolution and the aforementioned documents shall be deemed to be the covenants,
stipulations, obligations, and agreements of the City to the full extent authorized or permitted by
law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the
City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred
and duties and liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by the City or by
such members of the City Council, or such officers, board, body or agency thereof as may be
required or authorized by law to exercise such powers and to perform such duties.
.
SJB-219891 vi
MN190-104
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No covenant,- stipulation, obligation or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation or
agreement of any member of the City Council of the City, or any officer, agent or employee of
the City in that person's individual capacity, and neither the City Council of the City nor any
officer or employee executing the Bond shall be liable personally on the Bond or be subject to
any personal liability or accountability by reason of the issuance thereof.
The Bond shall not constitute a general or moral obligation of the City, and no provision,
covenant or agreement contained in the aforementioned documents, the Bond or in any other
document relating to the Bond, and no obligation therein or herein imposed upon the City or the
breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge
upon its general credit or taxing powers. In making the agreements, provisions, covenants and
representations set forth in such documents, the City has not obligated itself to payor remit any
funds or revenues, other than funds and revenues derived from the Agreements which are to be
applied to the payment of the Bond.
7. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon
any person or firm, other than the City or any holder of the Bond issued under the provisions of
this resolution, any right, remedy or claim, legal or equitable, under and by reason of this
resolution or any provisions hereof, this resolution, the aforementioned documents and all of
their provisions being intended to be and being for the sole and exclusive benefit of the City and
any holder from time to time of the Bond issued under the provisions ofthis resolution.
8. In case anyone or more of the provisions of this resolution, or of the
aforementioned documents, or of the Bond issued hereunder shall for any reason be held to be
illegal or invalid, such illegality or invalidity shall not affect any other provision of this
resolution, or of the aforementioned documents, or of the Bond, but this resolution, the
aforementioned documents, and the Bond shall be construed and endorsed as if such illegal or
invalid provisions had not been contained therein.
9. The Loan Agreement and the Bond, when executed and delivered, shall contain <l-
recital that the Bond is issued pursuant to the Act, and such recital shall be conclusive evidence
of the validity of the Bond and the regularity ofthe issuance thereof, and that all acts, conditions,
and things required by the laws of the State of Minnesota relating to the adoption of this
resolution, to the issuance of the Bond, and to the execution ofthe aforementioned documents to
happen, exist and be performed precedent to the execution of the aforementioned documents
have happened, exist and have been performed as so required by law.
10. The officers of the City, bond counsel, other attorneys, engineers, and other
agents or employees of the City are hereby authorized to do all acts and things required of them
by or in connection with this resolution, the aforementioned documents, and the Bond for the
full, punctual and complete performance of all the terms, covenants and agreements contained in
the Bond, the aforementioned documents and this resolution. In the event that for any reason the
Mayor of the City is unable to carry out the execution of any of the documents or other acts
provided herein, any other member of the City Council of the City shall be authorized to act in
SJB~219891 vi
MN190-\04
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his capacity and undertake such execution or acts on behalf of the City with full force and effect,
which execution or acts shall be valid and binding on the City. If for any reason the
Administrator of the City is unable to execute and deliver the documents referred to in this
Resolution, such documents may be executed by any member of the City Councilor any officer
of the City delegated the duties of the Administrator, with the same force and effect as if such
documents were executed and delivered by the Administrator.
10. The Bond is hereby designated as a "qualified tax-exempt obligation" for
purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. The aggregate
amount of tax-exempt obligations, other than private activity bonds that are not qualified
50l(c)(3) bonds, to be issued by the City during 2002 is not expected to exceed $10,000,000, and
no more than $10,000,000 of bonds have been designated by the City as "qualified tax-exempt
obligations" during 2002.
11. This resolution shall be in full force and effect from and after its passage.
518-219891 v I
MN190-I04
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Adopted by the City Council of the City of Monticello, Minnesota on the 9th day of
September, 2002.
Mayor
Attest:
City Administrator
5JB-219891 vi
MN190-I04
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Council Agenda - 9/9/02
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Consideration of resolution dcclarin costs to be assessed and re aration for assessment
roll. (RW)
A.
REFERENCE AND BACKGROUND:
The Walnut Street Corridor Improvements, Project No. 2000-17C and the 7th Street East
Improvement Project No. 200 1-07C have been or arc nearing completion and ready for preparation
of assessment rolls against benefitting properties. [n order to keep on schedule to have a public
hearing on adoption ofthe assessment rolls to meet the time line for certification on next years taxes,
the Council is asked to adopt a resolution declaring the cost to be assessed for each project and
authorizing the City Engineer to prepare assessment rolls for each.
The 7th Street East Improvement Project consisted of widening of?lh Street to an urban standard
including installation of storm sewer improvements along with curb and gutter and the replacement of
the bituminous surfacing. This project was completed earlier this year with the final bituminous lift
and is now ready for assessment. The total project cost is estimated $523,717 and it is proposed
that $395,000 of this amount be asscssed to bcnefitting property owners. This assessment ratio
assumes that 100% of the new improvements such as storm sewer, curb and gutter and extra street
width will be assessed along with 20% of the cost of reconstruction of the street surface.
.
The Walnut Street Improvement Project consisted of sidewalk improvements along 4\11 Street and
Walnut Street and also pathway improvements between Walnut Street and Linn Street adjacent to
the railroad tracks. Additional improvements along Walnut Strcet included installation of decorative
street lights and crosswalk pavers between the Towne Centre development and Community Centcr
building.
Total projected project costs, including indirect costs are estimated at $520,468, and in accordance
with the feasibility report for this project, it is estimated that up to $226,924 would be assessable.
B. ALTERNATIVE ACTIONS:
I. Adopt resolutions declaring costs to be assessed and ordering preparation of proposed
assessment rolls for Project No. 2000-17C, Walnut Street Corridor Improvements, and
Project No. 200 1-(nC, 7lh Street East Improvement Project.
2. Do not adopt resolutions at this time.
c.
STAFF RECOMMENDATIONS:
.
It is the recommendation of the City Administrator and City Engineer that the resolutions be adopted
authorizing preparation of assessment rolls so that the projects can sti II be assessed yet this fall. It is
anticipated that the Council will be asked to set a public hearing date for adoption of the assessment
rolls at the next Council meeting, September 23,2002.
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Council Agenda - 9/9/02
D.
SlJPPORTING DATA:
Copy of Resolutions
~ -.-"".---:.-'
- "------~-~-----.=" ..........-,'- .- ~~-,.
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RF:SOLlJTION NO. 2002-58
RF:SOLlJTION DECLARING COST TO BE ASSESSED, ORDERING
PREPARATION OF PROPOSF:D ASSF:SSMF:NT AND
ORDERING PRF:PARATION OF PROPOSED ASSESSMENT
W ALNlJT STREET CORRIDOR IMPROVEMENTS
PROJECT NO. 2000-17C
WHF:REAS, costs have been determined for the improvement of a nine bloek area bounded on the north by
4th Street, on the south by 7th Street, on the east by TH 25 and on the west by Walnut Street by the
installation of concrete sidewalks, bituminous pathway, street lighting, boulevard improvements and other
appurtenant work and the contract price for such improvement is $430,675 and the expenses incurred or to
be incurred in the making of such improvement an10unt to $89,793 so that the total cost of the improvement
will be $520.468,
NOW THEREFORE, BE IT RESOLVI'~D BY THI'~ CITY COUNCIL OF MONTICF:LLO,
MINNESOT A:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$293,544 and the portion of the cost to be assessed against benefitted property owners is
declared to be $226,924.
2.
Assessnlents shall be payable in equal annual installments extending over a period of ten
years, the first of the installments to be payable on or before the lirst Monday in January. 2003
and shall bear interest at the rate of 6.S.0uil) per annum fronl the date of the adoption of the
assessment resolution.
3. The City Administrator with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law,
and the City Administrator shall file a copy of such proposed assessment in his oi1ice for
public inspection.
4. The City Administrator upon the completion of such proposed assessment, notify the City
Council thereof.
Adopted by the Monticello City Council this 9th day of September, 2002.
Roger Belsaas, Mayor
ATTEST:
Rick Wolfsteller, City Adlninistrator
t, ,- t-'.-
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RESOLlJTION NO. 2002-59
RI~SOLUTION DECLARING COST TO BE ASSESSED, ORDERING
PREPARATION OF PROPOSED ASSESSMENT AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
7th STREET IMPROVEMENTS
PRO.JECT NO. 2001-07C
WHEREAS, costs have been determined for the improvement of 7th Street East between Washington Street
and Cedar Street by street reconstruction, installation of curb and gutter, sidewalk improvements and other
appurtenant work and the contract price for such improvement is $415,393.86 and the expenses incurred or
to be incurred in the making of such improvement amount to $110,323.19 so that the total cost of the
improvement will be $525,717.05
NOW THEREFORE, BE IT RESOLVED BY THE CITY COlJNCIL OF MONTICELLO,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$130,717.05 and the portion of the cost to be assessed against benefitted property owners is
declared to be $395,000.00.
2.
Assessments shall be payable in equal annual installments extending over a period often
years, the first of the installments to be payable on or before the first Monday in January, 2003
and shall bear interest at the rate of6.5.0% per annum from the date of the adoption of the
assessment resolution.
3. 'fhe City Administrator with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law,
and the City Administrator shalliilc a copy of such proposed assessment in his office for
public inspection.
4. The City Administrator upon the completion of such proposed assessment notify the City
Council thereof.
Adopted by the Monticello City Council this 9th day of September, 2002.
_.~-~~-"-"_..._"-"..~..-
Roger Bclsaas, Mayor
ATTEST:
--.,.-."'.-.-.,.----.-."'.-."'-.--.".--.'.-
Rick Wolfsteller, City Administrator
s-r
Council Agenda - 9/9/02
. SG. Consideration of approving plans and specifications and authorizing advertisement for bids
for Ccdar Street from Dundas Road to Kiellhen!'s East Mobile Home Park.
Proiect #2002-06C. (WSB)
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A. REFERENCE AND BACKGROUND:
At the August 12th, City Council meeting, the City Council accepted the feasihility report for Cedar
Street from Kjellherg's East Mobile I-Iome Park to Chelsea Road and Dundas Road from Cedar
Street to County Road 117.
At the request of the developer of the Monticello business Center, we have split the project into two
phases. This phase would address the Cedar Street construction within the Business center plat, both
north and south of School Boulevard. The remaining Cedar Street and Dundas Road construction
plans will he designed in 2002 and bid in 2003.
This project requires State Aid review and must be approved subject to State Aid comments. We
are proposing an Octoher 11,2002 bid opening and an Octoher 14,2002 project award. The plans
have been provided to City staff for review.
B. ALTERNATIVE ACTIONS:
1.
The first alternative would he to authorize the City Engineer to advertise for bids for the
construction of Cedar Street within the Monticello Business Center plat subject to State Aid
comments.
2. The second alternative would he not to advertise for bids.
C. STAFF RECOMMENDATION:
The City Engineer recommends Alternative # 1.
D. SUPPORTING DATA:
None.
City Council Agenda - 09/09/02
. 5 B. Review new owners plan for consistency with original approved planned unit
development. Former Montissippi Trail Townhomes. now Timber Ridge.
Applicant: Mike Schneider. Homestead Multi-family Development Corporation.
(.TO)
REFERENCE AND BACKGROUND
The Planning Commission reviewed the status of the project now under the helm of
Mike Schneider and was satisfied that the new owners plans comply with
requirements identified in the original PUD. Therefore, the Planning commission
recommended that the project move forward without the need for a new PlJD
application. If Council concurs with the Planning Commission position, then this
project can commence upon completion of development agreement, landscaping
plan, etc.
City Council is asked to review the enclosed proposal for consistency with the Planned
Unit Development proposal previously approved for the Montissippi Trails project and
consider authorizing staff to proceed to final PUD stage.
.
At the previous meeting you received a packet of information suhll1itted by Mike
Schneider who is the "new developer" of the Montissippi Trails project. As you recall,
the Montissippi 'frail Planned Unit Development with Forest Ilarstad as developer was
approved some months ago. The new developer proposes to change the development
name from Montissippi Trails to "Timber Ridge" but otherwise proposes no changes to
the plat, utilities or required landscaping. However, the building style and base price
proposed varies from the original plan. Last year at the PUD review stage, Ilarstad said
the homes would exceed $150,000. On another occasion, Harstad indicated that the base
price of the Montissippi Trail homes would be in the neighborhood of $170,000 -
$200,000. The home proposed by Schneider was marketed in May 2001 at the price of
$144,900. Schneider notes in his summary that the last home sold at Orchard Ilill sold
for $176,900.
It was my recollection that building design and value played a role in the Planning
Commission decision to recommend approval of the PUD therefore I thought it would be
important fix you to review this information prior to moving forward on this project.
ALTERNATIVE ACflONS
1. Motion to deny acceptance of the building plan as being consistent with original
PUD and require that the development proposal be reviewed via the planned unit
development process.
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City Council Agenda - 09/09/02
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If the City Council finds that the plans arc not sufficiently consistent with the
original approved pun then the applicant would need to submit a new
concept/development stage pun application for review at the October meeting of
the Planning Commission. Under this alternative the public would have an
opportunity to review the plan again.
2. Motion to accept the plans as consistent with the original approved pun.
Under this alternative the project would move forward to final stage pun which
includes execution of the development agreement and placerllent of signatures on
the final plat and initiation of public storm sewer improvement necessary to
support the project.
This is the alternative recommended by the Planning Commission.
STAFF RECOMMENDATION
Planning Commission and staff are comfortable with recommending alternative #2.
SUPPORTING DATA
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Pictures taken by City staff of Ilomestead Development in Ramsey.
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51.
City Council Agenda - 09/09/02
Consideration of a reQuest for a zonin!! maD amendment re-zoning a parcel from 1-
2. heavy industrial. to one or a combination of the following districts: B-4. B-3. B-2.
and I-IA. Applicant: Planning Commission. (10)
REFERENCE AND BACKGROUND
City Council is asked to consider rezoning the 16 acre portion of the John Lundsten
property from 1-2 to one or a combination of the I-lA, B-4, B-3 or B-2 zoning districts.
This request was initiated by the Planning Commission at a meeting held a few months
ago. Coincidentally, the property owner requests that the property be rezoned for
commercial use. [,undsten also owns an additional 23 acres of land contiguous to the
subject site that is currently zoned for commercial use.
The 1-2 district list of permitted uses include heavy industrial uses including:
"the mamt/clclurinK. compoundinK, assemhly, packaging. treatment, or storage of
products or materials including: Brnveries. cement, stone cul/ing. hrick. glass,
hatteries (wet cell), ceramic products, 111ill workinK, metal polishing and plal/ing,
paint, vineKar H'orks, ruhher products, plastics, meat packing, flour, ,feedgrain
111illing, milling, coal or tar asphalt distillation, rendering H'orks, distillation ()l
hones, snwmill, lime, gypsunl, plaster of paris, glue, size, cloth and similar uses ",
Clearly sOlne of the permitted uses noted above are not compatible with the neighboring
commercial area. The zoning of this land for [-2 uses occurred years ago at a time when
the Lundsten parcel was somewhat removed from the developed portions or the City.
With the expansion of 1 lighway 25 and growth of commercial development in the area,
the land may be more suitable for commercial uses or for industrial uses identified in the
I-l/I-IA district.
The 16 acre parcel is located in the area of Dundas Road and II ighway 25. It is bordered
on the south by a B-4 and 1-1 A District (Monticello Commerce Center). 'The property to
the north is zoned for commercial uses while the property to the east (Oakwood Industrial
Park) is zoned 1-2. In summary, this 1-2 parcel is wedged between two growing
commercial areas, which makes it a candidate for rezoning.
As with every request for rezoning, the Planning Commission and City Council shall
consider possible adverse effects of the proposed amendment. Its judgement shall be
based upon (but not limited to) the following factors:
I.
2.
Relationship to municipal comprehensive plan.
The geographic area involved.
Whether sllch use will tend to or actually depreciate the area in which it is
proposed.
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City Council Agenda - 09/09/02
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4.
5.
The Character of the surrounding area.
The demonstrated need for such use.
Three main factors propelled the Planning Commission to recommend rezoning to
B-4 which included:
1. The requested came from the property owner.
2. Impending development of large scale commercial uses in this area.
3. The City can re-zone back to I-IA if necessary.
The Planning Commission believed that re-zoning to any other commercial district (such
as B-3) or combination was inappropriate at this location. Although the IDC has not
reviewed this request specifically, it has been noted by some members of this group when
reviewing the Chadwick PlJD that land use designations should be established to support
economic development and which could mean rezoning from industrial use to
commercial use where appropriate.
AT ,TERNA TIVE ACTIONS
1.
Motion to approve request to rezone from 1-2 to I-lA, based on the finding that
the land uses proposed help to maintain a supply of industrial land without the
potential of intensei ndustrialuses identi fied in the 1-2 district regulation.
.
Under this alternative the City Council would take the view that the parcel,
though located well for commercial uses, should remain industrial thus
maintaining industrial land use supply.
2. Motion to approve a request to rezone from 1-2 to \-3-4, hased on the finding that
the amendment is consistent with the comprehensive plan, compatible with the
geographic area and character of the surrounding area, will not result in the
depreciation of adjoining land values, and the need for the use is suHiciently
demonstrated.
This alternati ve recognizes the emergence of the Highway 25/194 area as a
regional commercial center brought about by the residential growth in the
194/llighway 10 corridor. The land use change supports to estahlish Monticello
as a regional commercial center.
STAFFRECOMMENDA TION
.
The City Administrator and Planning Commission recommend alternative 2. It is evident
that Monticello is becoming more attractive each day to large scale commercial
development. The proposed rezoning will support this trend and thus encourage
2
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City Council Agenda - 09/09/02
economic development and expansion of tax base. In the event that the commercial
development docs come to fruition, or if this site becomes attractive to a desirable
industrial prospect, then the site could be rezoned to an industrial use accordingly"
SUPPORTING DATA
District regulations f(l/" the following districts: 1-2, I-I a, and 8-4
Letter fl'om John Lundsten
Zoning/area map
Aerial photo
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CHAPTER 14
"B-4" REGIONAL BUSINESS DISTRICT
SECTION:
14-1: Purpose
14-2: Permitted Uses
14-3: Permitted Accessory Uses
14-4: Conditional Uses
14-1: PURPOSE: The purpose of the "B-4," regional business, district is to provide for the
establishment of commercial and service activities which draw from and serve customers
from the entire community or region.
14-2: PERMITTED USES: The following are permitted uses in a "B-4" district:
[A] All permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district.
[B] Antique or gift shop.
[C] Amusement places (such as dance halls or roller rinks).
[D]
Auto accessory stores.
[E] Enclosed boat and marine sales.
[F] Books, office supplies, or stationery stores.
[G] Bowling alleys.
[H] Carpet, rugs, and tile.
[1] Coin and philatelic stores.
[1] Copy service but not including press or newspaper.
[K] Costume, clothes rental.
[L] Department and discount stores.
[M] Dry cleaning, including plant accessory thereto, pressing, and repairs.
[N] Dry goods store.
[0]
Electrical appliance stores, including incidental repair and assembly but not
fabricating or manufacturing. .5 I
--.zm-
MONTICELLO ZONING ORDINANCE
[P] Employment agencies.
[QJ
Finance companies.
[R] Furniture stores.
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[0] Haberdasheries and ladies ready-ta-wear.
[V] Insurance sales, claims and branch offices.
['W] Jewelry stores and watch repair.
[X] Leather goods and luggage stores.
[Y] Record - music shops.
[2] Restaurants, tea rooms, cafes, taverns, and off-sales liquor stores.
[M] Sewing machine sales and service.
[BB] Shoe stores.
[CC] Tailor shops.
[DD] Theatres not of the outdoor drive-in type.
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[EE] Toy stores.
[FF] Travel bureaus, transportation ticket offices.
[GG] Variety stores, 5 & 10 stores, and stores of similar nature.
[HH] Wearing apparel.
[II] Government and public utility buildings.
[JJ] Mortuaries
[KK] Body Piercing Establishments
[LL]
Tattoo Parlors
(#286,2/10/97)(#330,9/13/99)
14-3: PERMITTED ACCESSORY USES: The fOllowing are permitted accessory uses in a
"B-4" district:
[A]
All permitted accessory uses in a "B-3" district.
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MONTICELLO ZONING ORDINANCE
14/2
[P] Employment agencies.
.
rQl . Finance companies.
[R] Furniture stores.
[U] . Haberdasheries and ladies read)'Mto.wear.
['I] Insurance sales, claims and branch offices.
~
[\V] Jewelry stores and" watch repair.
[X] Leather goods and luggage stores.
M Record - music shops.
[l] Rcsta.wants, tea rooms, cafes, taverns, and offMsales liquor stores.
[M] Sewing machine sales and service.
(BB] Shoe stores.
[CC] Tailor shops.
.
[DO] Theatres not of the outdoor drive-in type.
..........
[EE] T,oy stores.
[FF] Travel bureaus, transponation ticket offices.
(GO] Variety stores, S & 10 stores, and Stores ofsiInilar nature.
[HHJ Wearing apparel.
[II] Govermnent and public utility buildings.
[JJ] MortUaries
(KKJ Body Piereina Establishments
[LLJ Tattoo Parlors
(#286, 2/10/97)(#330,9/13/99)
14-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a
"BM4" district:
[A)
All,permined accessory USes in a 'IBM)" district.
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MONTICELLO ZONING ORDINANCe
14/2
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[A] Open and outdoor storage as an accessory use provided that:
1.
The area is fenced and screened from view of neighboring residential uses
or if abutting a residential district in compliance with Chapter 3, Section 2
[G], of this ordinance.
2. Storage is screened from view from the public right-of-way in compliance
with Chapter 3, Section 2 [G], of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. AU lighting shall be hooded and so directed that the light source shall not
be visible from the public right-of-way or from neighboring residences and
shall be in compliance with Chapter 3, Section 2 [H], of this ordinance.
5. The privisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[B] Open or outdoor service, sale, and rental as a principal and accessory use and
including sales in or from motorized vehicles, trailers, or wagons, provided that:
1.
Outside service, sales, and equipment rental connected with the principal
use is limited to thirty percent (30%) of the gross floor area of the
principal use. This percentage may be increased as a condition of the
conditional use permit.
2.
Outside sales areas are fenced or screened from view of the neighboring
residential uses or an abutting residential district in compliance with
Chapter 3, Section 2 [G], of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right-of-way or from neighboring residences and
shall be in compliance with Chapter 3, Section 2 [H], of this ordinance.
4. Sales area is grassed or surfaced to control dust.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C] Custom manufacturing, restricted production and repair limited to the following:
Art, needlework, jewelry from precious metals, watches, dentures, and optical
lenses, provided that:
1. Such use is accessory as defined in Chapter 2, Section 2, of this ordinance
to the principal use of the property.
MONTICELLO ZONING ORDINANCE
14/3
2. Does not conflict with the character of development intended for this
district.
3.
.
The provisions of Chapter 22 of this ordinance are considered
satisfactorily met.
[D] Motor fuel station, auto repair-minor, and tire and battery stores and service.
provided that:
1.
Regardless of whether the dispensing, sale, or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are, however, in
addition to other requirements which are imposed for other uses of the
property .
2.
The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
3.
The entire site other than that taken up by a building, structure, or
plantings shall be surfaced with a material to control dust and drainage
which is subject to the approval of the City Engineer. .
A minimum lot area of twenty-two thousand five hundred (22,500) square
feet and minimum lot dimensions of one hundred fifty (150) feet by one
hundred thirty (130) feet.
4.
5.
A drainage system subject to the approval of the City Engineer shall be
installed.
6.
A curb not less than six (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
7.
The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right-of-way and shall be in compliance with Chapter 3, Section 2
[H], of this ordinance.
8.
Wherever fuel pumps are to be installed, pump islands shall be installed.
9.
At the boundaries of a residential district, a strip of not less than five (5)
feet shall be landscaped and screened in compliance with Chapter 3,
Section 2 [G], of this ordinance.
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MONTICELLO ZONING ORDINANCE
14/4
2. Does nor conflict with the character of development intended for this
district.
.
3. The provisions ofCbaptcr 22 of this ordinance are considered
satisfactorily met.
,----
[D] Motor fuel station, auto repair-minor, and tire and battery stores and servjce~
provided that:
1. Regardless of whether the dispcnsinJ, sale, Or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the
standards and requirements imposed by this ordinance for motOr fuel
stations shall apply. These standards and requirements are, however, in
addition to other requirements which are imposed for other uses of the
property.
~.. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
irnpainnent in property values or constitute a blighting influence within a
reasonable distance of the lot
.
3 ~ The entire site other than that taken up by a bUilding, Structure, or
plantings shall be surfaced with a material to control dust and drainage
which is subject to the approval of the City Engineer. ,..-...,
4. A minimwn lot area oftwenty..two thousand five hundred (22,500) square
feet and minimum lot .:iimensions of one hundred fifty (150) feet by one
hundred thirty (I 30) feet.
s. A drainage system subject to the approval of the City Engineer shall be
installed.
6. A curb not less than six (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
7. The lighting shall be accomplished in such a 'Way a.s to have no direct
Source of light visible from adjacent land in residential use or from the
public right"of~way and shall be in compliance with Chapter 3, Section 2
[H]. of this ordinance.
8. Wherever fuel pumps are to be installed, pump islands shall be installed.
9. At the boundaries ofa residential district, a strip of not less than five (5)
feet shall be landscaped and screened in cornpliance with Chapter 3,
Section 2 [0], of this ordinanee.
,..........,
.
MONTICELLO ZONING OROINANCE
14/4
.
.
.
10. Each light standard landscaped.
11. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3, Section 2 [G],
of this ordinance.
12. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Chapter 3, Section 5, of this
ordinance, and shall be subject to the approval of the City Engineer.
13. All signing and informational or visual conununication devices shall be
minimized and shall be in compliance with Chapter 3, Section 9, of this
ordinance.
1'4. Provisions are made to control and reduce noise.
15. No outside storage except as allowed in compliance with Chapter 13,
Section 4, of this ordinance.
16. Sale of products other than those specifically mentioned in Chapter 13,
Section 4, be subject to a conditional use permit and be in compliance with
Chapter 13, Section 4 [F], of this ordinance.
17. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
18. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[E] Machinery sales.
[F] Commercial planned unit development as regulated by Chapter 20 of this
ordinance.
[G] Boarding House, provided that:
1. The building/structure is found to be substandard and/or blighted or
contributing to blight and in need of substantial rehabilitation.
a. The applicant must provide an overall development concept plan.
b.
The applicant must demonstrate that said rehabilitation is the most
feasible use alternative and that said rehabilitation is not
remodeling or simple structural alterations to accommodate a
change in use.
MONTICELLO ZONING ORDINANCE
14/5
2.
There shall be no less than ten (10) units nor more than 18 units, and each
unit shall be of a design considered to be an efficiency apartment.
.
3.
At least one unit shall be on the ground floor fully accessible to
handicapped persons.
4.
At least 50% of the floor area on the ground floor shall be developed as
complete restaurant facilities with a minimum seating capacity of two
seats per dwelling unit but in no case less than 25 seats.
a. Restaurant shall not be eligible for licenses regulating the sale of
intoxicating liquors, non-intoxicating malt liquors, wine, or the
display and consumption of liquors.
b. The restaurant shall be so equipped to provide food service to the
dwelling units if required.
5. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
6. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the.
general welfare and public betterment can be served as well or better by
modifying the conditions.
(#138, 7/23/84)
.
MONTICELLO ZONING ORDINANCE
14/6
.
.
.
, 2.
There shall be no less than ten (10) units nor more than 18 units, and each
unit shall be of a design considered. to be an efficiency apartment.
--.,
3. At least one unit shaJI be on the ground floor fully accessible to
handicappcci persons.
4. At least 50% of the floor area on the ground floor shall be developed as
complete restaurant facilities with a minimum seating capacity of two
seats per dwellina unit but in no case less than 2S seats.
a. ReStaurant shall not be eligible for licenses regulating the sale of
intoxicating liquors, non-intoxicating malt liquors, wine, or the
display and consumption of liquors.
b. The restaurant shall be so equipped to provide food service to the
dwelling units if required.
; s. The architectural appearance and functional plan of the bUilding and site
shall not be SO dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
6. All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the '--...
general welfare and public benennent can be served as weU or better by
mOdifying the conditions.
(#138, 7/23/84)
,...........,
MONTICELLO ZONING ORDINANCE
14/6
.
.
.
SECTION:
15A-l:
15A-2:
15A-3:
15A-4:
15A-5:
15A-l:
15A-2:
CHAPTER 15A
"I-IA" LIGHT INDUSTRIAL DISTRICT
Purpose
Permitted Uses
Permitted Accessory Uses
Conditional Uses
"I-IA" Design and Site Plan Standards
PURPOSE: The purpose of the I-lA, Light Industrial District is to provide for the
establislunent of limited light industrial business offices, limited light manufacturing,
wholesale showrooms and related uses in an environment which provides a high level of
amenities, including landscaping, perservation of natural features, architectural controls,
and other features.
(#298, 10/13/97)
PERMITTED USES: The following are permitted uses in a I-IA District:
(#298, 10/13/97)
[A]
[B)
[C]
[D]
[E]
[F]
[G]
[H]
[I]
[1]
[K]
[L]
[M]
[N]
[0]
[P]
[Q]
[R]
[S]
[T]
[U]
[V]
Radio and television
Research laboratories
Trade school
Machine shops
Paint mixing
Bus terminals and maintenance garage
Warehouses
Laboratories
Essential Services
Governmental and public utility buildings
Manufacturing, compounding, assembly, or treatment of articles or merchandise
Manufacture of musical instruments, novelties, and molded rubber products
Manufacture or assembly of electrical appliances, instruments, and devices
Manufacture of pottery or other similar ceramic products using only previously
pulverized clay and kilns fired only by electricity or natural gas
Manufacture and repair of electrical signs, advertising structure, light sheet
metal products, including heating and ventilation equipment
Blacksmith, welding, or other metal shop
Laundries, carpet, and rug cleaning
Bottling establislunents
Building material sales and storage
Broadcasting antennae, television, and radio
Camera and photographic supplies manufacturing
Cartage and express facilities
51-
MONTICELLO ZONING ORDINANCE
-. . ,.
15N1
15A-3:
15A-4:
[X]
[Y]
[Z]
[AA]
[BB]
[CC]
[DO]
[EE]
[FF]
[GG]
[HH]
[W]
Stationery, bookbinding, and other types ofmanufacttrring of paper and related
products but not processing of raw materials for paper production
Dry cleaning establishments and laundries .
Electric light or power generating stations, electrical and electronic products
manufacture, electrical service shops
Engraving, printing, and publishing
Jewelry manufacturing
Medical, dental, and optical laboratories
Storage or warehousing
Wholesale business and office establishments
CommerciaVprofessional offices
Wholesale showrooms
Conference centers
Commercial printing establishments
PERMITTED ACCESSORY USES: The following are permitted accessory uses in a
"I-lA" District:
(#298, 10/13/97) .
[A] Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty (30) percent of the gross floor
space of the principal use:
1.
The parking requirements of Chapter 3, Section 5, are complied with in .
full.
2. The off-street loading requirements of Chapter 3, Section 6, are complied
with in full.
CONDITIONAL USES: The following are conditional uses in a "I-IA" District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Chapter 22 of this ordinance.)
(#298, 10/13/97)
[A] Open and outdoor storage as an accessory use provided that:
1. The area is fenced and screened from view of neighboring residential uses
or, if abutting a residential district, in compliance with Chapter 3, Section
2 [G], of this ordinance.
2. Storage is screened from view from the public right-of-way in compliance
with Chapter 3, Section 2 [G], of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall not .
be visible from the public right-of-way or from neighboring residences and
shall be in compliance with Chapter 3, Section 2 [H], of this ordinance.
MONTICELLO ZONING ORDINANCE
15A12
.
[WJ
(Xl
[Y]
el]
[M]
[BB]
[ee]
[DO]
[EE]
[FF]
[GG]
(HH]
15A~3;
Stationery, bookbinding, and other types of manufacturing of paper and related
products but not processing of raw materials for paper production
Dry cleaning establishments and laundries
Electric light Or power generating stationst electrical and electronic products
manufacturet electrical service shops
Engraving, printing, and publishing
Jewelry manufacturing
Medical, denral, and optical laboratories
Storage or warehousing
, Wholesale business and office establisbments
Commercial/professional offices
Wholesale showrooms
Conference centers
Commercial printing establishments
..-.....,
PERMITTED ACCESSORY USES: The followini are pennitted accessory USes in a
"I~lA" District:
(#298t 10/13/97) .
fA] 'Commercial or business buildings and structures for a use accessory to the
principal use bu.t such use shan not exceed thirty (30) percent of the gross floor
space of the principal Use:
.
15A~4:
1. The parking requirements of Chapter 3, Section 5, are complied with in ....-...
full.
2. The off-street loading requirements of Chapter 3, Section 6, are complied
with in full.
CONDITIONAL USES: The following are conditiOnal uses in a "I-IAn District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Chapter 22 of this ordinance.)
[A] Open and Ou.tdoor storaie as an aceeslol')' use provided that:
(#298, 10/13/97)
.
1. The area is f=ced and screened from view of neighboring residential uses
or, if abuttiag a residential district, in cOlUpliance with Chapter 3, Section
2 [0), of this ordinance.
2. Storage is screened from view from the public right-of-way in compliance
with Chapter 3, Section 2 [01. of this ordinance.
3. Storaie area is grassed or surfaced to control dust.
4.
AIlliihting shall be hooded and so directed that the light Source shall not
be visible from the public right-of away or from neighboring residences and
shall be in compliance with Chapter 3, Section 2 [H]t of this ordinance.
~
MONTICELLO ZONING ORDINANCE
15A12
.
.
.
15A-5:
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[BJ
Industrial planned unit development as regulated by Chapter 20 of this
ordinance.
[C] Indoor limited retail sales accessory to office/manufacturing uses provided that:
1. Location:
(a) All sales are conducted in a clearly defined area of the principal
building reserved exclusively for retail sales. Said sales area must
be physically segregated from other principal activities in the
building.
(b) The retail sales area must be located on the ground floor of the
principal building.
2. Sales Area. The retail sales activity shall not occupy more than fifteen
(15) percent of the gross floor area of the building.
3. Access. The building where such use is located is one having direct access
to a collector or arterial level street without the necessity of using
residential streets.
4.
Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The
provisions of this section are considered and satisfactorily met.
"I-IA" DESIGN AND SITE PLAN STANDARDS: The following minimum
requirements shall be observed in the "I-IA" District subject to additional requirements,
exceptions, and modifications set forth in this chapter:
(#298, 10/13/97)
[A] Lot Coverage. There shall be no minimum or maximum lot coverage
requirements in this district.
(#298, IO/13/97)
[B] Building Type and Construction and Roof Slope
1. Any exposed metal or fiberglass finish on all buildings shall be limited to
no more than fifty (50) percent of anyone wall if it is coordinated into the
architectural design. Any metal finish utilized in the building shall be
aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to
a maximum of one (1) in twelve (12) slope.
MONTICELLO ZONING ORDINANCE
15A13
2. In the "1- I A" District, all buildings constructed of curtain wall panels of
finished steel, aluminum, or fiberglass shall be required to be faced with
brick, wood, stone, architectural concrete case in place or pre-case panel.
on all wall surfaces.
(#298, 10/13/97)
[C] Parking. Detailed parking plans in compliance with Chapter 3, Section 5, shall
be submitted for City review and approved before a building permit may be
obtained.
[D] Loading. A detailed off-street loading plan, including berths, area, and access
shall be submitted to the City in confonnance with the provisions of Chapter 3,
Section 6, for review and approval prior to issuance of a building pennit.
[E] Landscaping. A detailed landscaping plan in confonnance with Chapter 3,
Section 2 [G], shall be submitted to the Council and approved before a building
permit may be obtained.
In addition to the requirements of Chapter 3, Section 2 [G], all parcels developed
along the boundary between the I-IA zone and a residential zone shall include
planting of evergreens as a screen between I-I A and R -1 uses. The evergreens
planted shall be planted every 15 feet along the property boundary.
(#298, 10/13/97)
[F]
Usable Open Space. Every effort shall be made to preserve natural ponding
areas and features of the land to create passive open space.
.
[G] Signage. A comprehensive sign plan must be submitted in conformance with
Chapter 3, Section 9.
Lot Requirements:
Lot Area -
Lot Width -
30,000 sq ft
100 feet
Setbacks:
Front Yard -
Side Yard -
Rear Yard -
50 feet
30 feet
40 feet
(#221,2/24/92)
.
MONTICELLO ZONING ORDINANCE
15A14
.
.
.
2. In the 1l1-IA" District, aU buildings constnlctcd of curtain wall panels of
finished steel. aluminum, Or fiberglass shall be required to be faced with
brick, wood, stone, architecn.&ra.l concrete case in place or pre-case paneIr'-"'"
on all wall surfaces.
(#298, 10/13/97)
[el ,ParkinS. Detailed parking plans in compliance with Chapter 3, SeClion S, shall
be submitted for City review and approved before a building permit may be
obtained.
[0] 'Loadina. A detailed off-street loading plan.. including berths. area, and access
: shall be submitted to the City in confonnance with the provisions of Chapter 3.
: Section 6, for review and approval prior to issuance of a building permit
(E] i Landscaping. A detailed landscaping plan in confonnance with Chapter 3,
: Section 2 [OJ, shall be submitted to the Council and approved before a building
. pennie may be obtained.
(F]
In addition to the requirements of Chapter 3, Section 2 [0], all parcels developed
along the boW1dary between the I-IA zone and a residential zone shall include
i planting of evergreens as a screen between 1..1 A and R-l uses. The evergreens
: planted shall be planted every IS feet along the property boundary.
(#298. 10/13/97)
~
; Usable Open Space. Every effort shall be made to preserve natural ponding
j&reas and features of the land to create passive open space.
[0] 'Sianage. A comprehensive sian plan must be submitted in confonnance with
'chapter 3. Section 9.
Lot RequiTements:
Lot Area .
Lot Width -
30,000 sq ft
100 feet
Setbacks:
Front Yard -
Side Yard -
Rear Yard ..
SO feet
30 feet
40 feet
(#221,2/24/92)
............
MONTICELLO ZONING ORDINANCE
,5AJ4
.
.
.
CHAPTER 16
"1-2" HEAVY INDUSTRIAL DISTRICT
SECTION:
16-1 : Purpose
16-2: Permitted Uses
16-3: Permitted Accessory Uses
16-4: Conditional Uses
16-5: Interim Uses
16-1: PURPOSE: The purpose of the "1-2," heavy industrial, district is to provide for the
establishment of heavy industrial and manufacturing development and use which because
of the nature of the product or character of activity requires isolation from residential or
commercial use.
16-2: PERMITTED USES: The following are permitted uses in an "1-2" district:
[A] Any use permitted in the "1-1," light industrial, district.
[B]
The manufacturing, compounding, assembly, packaging, treatment, or storage of
products or materials including: Breweries, cement, stone cutting, brick, glass,
batteries (wet cell), ceramic procucts, mill working, metal polishing and platting,
paint (pigment mfg.), vinegar works, rubber products, plastics, meat packing,
flour, feed grain milling, milling, coal or tar asphalt distillation, rendering
works, distillation of bones, sawmill, lime, gypsum, plaster of paris, glue, size,
cloth, and similar uses.
[C] Automobile assembly and major repair.
[D] Creamery and bottling plant.
[E] Adult UselPrincipal.
(#217,1/13/92)
[F] Foundry.
16-3: ACCESSORY USES:
[A] Permitted Accessory Uses: The following are permitted accessory uses in an
"1-2" district:
1. All permitted accessory uses allowed in an I-I (light Industrial) district.
MONTICELLO ZONING ORDINANCE
S:L
,
16/1
[B] Interim Accessory Uses: The following are interim accessory uses in an 1-2
district:
1.
One temporary structure as an interim accessory use, subject to the
following conditions:
.
(a) The interim accessory structure is not to exceed 700 sq ft.
(b) The property owner(s) sign a development agreement with the City
controlling site development and use, including a date upon which
the interim use is to terminate.
(c) The termination date is established at a point not longer than two
(2) years following City Council approval.
(d) The property owner supply adequate security to ensure removal of
the interim structure and use upon reaching the termination date.
(e) All other standards of the Monticello Zoning Ordinance are met.
(f) Any Interim Accessory Use or Structure approved under this
section will not be considered to constitute an expansion of a pre-
existing legal non-conforming use where applicable.
(#241,10/11/93)
.
16-4:
CONDITIONAL USES: The following are conditional uses in an "1-2" district:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Chapter 22 of this ordinance).
[A] All conditional uses allowed in an "I-I," light industrial, district.
[B] The following uses provided they meet all requirements of Chapter 3, Section 2,
of this ordinance are considered and satisfactorily met.
1. Auto wrecking, junk yard, used auto parts (open storage), and similar uses.
2. Incineration or reduction or waste material other than customarily
incidental to a principal use.
3. Poison, fertilizer, fuel briquettes.
4. Kilns or other heat processes fired by means other than electricity.
5. Creosote plant.
6.
Acid manufacture.
.
7.
Storage, utilization, or manufacture of materials or products which could
decompose by detonation.
MONTICELLO ZONING ORDINANCE
16/2
.
.
.
[8] Interim Accessory Uses: The following are interim accessory USes in an 1-2
district:
1. One temporary sUUcture as an interim accessory use, subject to the
following cO,nditions:
,...........
(a) The interim accessory stIuctW'e is not to exceed 700 sq ft.
(b) The property owner(s) sign a development agreement with the City
controlling site development and use, including a date upon which
the interim USe is to terminate.
(c) The termination date is established at a point not longer than two
(2) years following City Council approval.
Cd) The property owner supply adequate security to ensure removal of
the interim structure and use upon reaching the tennination date.
(e) All other standards of the Monticello Zonina Ordinance are met.
(t)
Any Interim Accessory Use or Structure approved under this
section will not be considered to constitute an expansion of a pre-
existing legal non-confonning use where applicable.
(#241, 10/11/93)
~
16-4:
CONDmONAL USES: The following are conditional uses in an "1-2" district:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Chapter 22 of this ordinance).
[A] All conditional uses allowed in an "I-I,ll light industrial, district.
[B] The followini uses provided they meet all requirements of Chapter 3, Section 2a
of this. ordinance are considered and satisfactorily met.
1. Auto wrecking, junk yard., used auto parts (open storagc)~ and similar uses.
2. Incineration or reduction Or waste material other than customarily
incidental to a principal use.
3. Poison, fertilizer, fuel briquettes.
4. Kilns or other heat processes fired by means other than electricity.
5.' Creosote plant.
6. Acid manufacture.
..-....,
7. Storage, utilization, or manufacture of materials or products which could
decompose by detonation.
MONTICEL.LO ZONING ORDINANCE
16/2
.
.
,
8. Refuse and garbage disposal.
9. Commercial stock yards and slaughtering of animals.
10. Crude oil, gasoline, or other liquid storage tanks.
16-5: INTERIM USES: The following are interim uses in an "1-2" District (requires an interim
use permit based on the procedures set forth in and regulated by Chapter 22 of this
ordinance):
[A] Outdoor storage of trucks and trucking equipment as an accessory use, provided
that:
1. A specified termination date is documented.
2. The applicable requirements of Chapter 3, Section 2, General Building and
Performance Requirements, are met.
3. The permit prohibits the parking of automobiles.
4. The permit specifies a gravel surface, suitable for the parking of trucks.
5. The permit specifies that the intensity of visual screening shall be related
to the location and nature of the storage and the duration of the interim
use.
6.
The permit specifies that appropriate setback of necessary fencing and/or
setback of storage shall be related to the location and nature of the storage
and the duration of the interim use.
(#268,5/8/95)
MONTICELLO ZONING ORDINANCE
16/3
John M. Lundsten
1804 Hillside Lane
Buffalo, MN 55313
l~r;~itfu~~lr\1
![\'\\' AUG 19 2002 \\IJj.
U U\ [l:0'
.
August 17,2002
Mr. Jeff O'Neill
Assistant City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Dear Mr. O'Neill:
Please accept this letter as our statement of support for rezoning by the City of
Monticello of a parcel of land owned by us. The parcel is approximately 16 acres
bounded on the north by Dundas Road, the east by Oakwood Drive, the south by land
owned by Pfeffer Development, and the west by the east line of the Amax storage land
extended south. It is currently wned I ~ 1.
.
It appears to us that the City of Monticello is growing to the south along the Highway 25
corridor, as well as to the east and west along the south side of 1-94. We believe that our
land to the north of Dundas Road if combined with land owned by others to the north of
that parcel would be very desirable for typical "big box" retail uses commonly seen in
nearby suburban and ex-urban locations. When and if that occurs it seems likely that the
highest and best use of our land south of Dundas road would be for business rather than
industrial purposes.
Of the four business zoning classifications, B-4 seems most appropriate in that it will
allow for uses typically found in higher end retail developments typical for this growing
region. It appears that Monticello will become a major retail center between S1. Cloud
and the northwest suburbs. In that case, the B-4 classification would allow for higher-end
retail developments similar to what has recently been completed at the northwest and
northeast comers of Vicksburg Lane and Highway 55 in Plymouth.
We encourage you to pursue this rezoning as soon as possible. Please call if you wish to
discuss any matters pertaining to this letter.
Sincerely Yours,
!thn~n~~n~
~ lll,,----, ~.J_*vJ
Mary Ellen Lundsten
.
51
s~
.olo
.lo
.lo
8-4
~L
portion Of Lundsten Property
In 1-2 District
Approximately 16 Acres
1..2
Rezone Area
1-1A
EE
EE
cc
S 11,/
_........:.~,_. - ----------..- ..-.- -.. -
City Council Agenda - 09/09/02
.
SJ. Consideration of.1 reQuest to rezone a parcel from R-3. Multiple Familv Residential to
PlJD. Planned tJnit Development to accommodate the construction ofa Hockey/Soccer
complex and future commercial development. Applicant: Silver Creek Development.
The Point Group. City of Monticello. (NAC)
REFERENCE AND BACKGROUND
The Planning Commission conducted the public hearing then tabled the item at the
meeting held in August pending additional information. Much of the added information
requested stemmed from concerns raised by neighbors. After reviewing the supplemental
information, the Planning Commission acted to recommend approval of the request as
proposed. Following is the report provided to the Planning Commission along with
supplemental information. Also provided is a copy of the report presented at the August
meeting, along with the meeting minutes.
ALTERNATIVE ACTIONS
1. Motion to approve the concept PUD rezoning, based on findings identified by the
Planning Commission.
.
2.
Motion to deny the concept PUD rezoning.
S"fAFF RECOMMENDATION
Staff recommends approval of the rezoning, based on the general concept sketches
provided at this time. Because the neighborhood across 71h Street does not utilize that
street for direct access, the traffic issues are greatly reduced. By focusing on screening of
the site (particularly the parking lot areas) from the residential area, the overall impact of
the project should be reduced, even from that of a multiple family residential project (as
the site is currently zoned). Follow-up review will require more complete site and
bui Iding plans of both the recreation and commercial portions of the project before a final
PUD permit can be considered. As noted in this report, while there are some legitimate
concerns to the project, the PUD zoning should provide adequate protection for the City's
planning process and the neighborhood.
SUPPORTING DATA
Report provided to the Planning Commission as submitted by The Pointe Group
Agenda items from 9/3/02 and 8/6102
Meeting minutes from 8/6/02
.
Planning Commission Agenda - 09/03/02
.
8. Consideration of a request to rezone a parcel from R-3. Multiple Family Residential to
pun. Planned Unit Development to accommodate the construction of a Hockev/Soccer
comolex and future commercial development. Applicant: Silver Creek Development.
The Point Group. City of Monticello. (NAC)
REFERENCE AND BACKGROUND
The Planning Commission continued review of the proposed rezoning of the property
along West ]lh Street to permit staff and the applicant to address concerns raised hy the
neighhors to the north and cast of]lh Street, across from the proposed project. From a site
planning standpoint, stall had made a number of recommendations related to tree planting,
benning, and huffering that should provide a reasonahly dense screen between the project
and the single family neighborhood. These included berming and tree/shrub planting
along the parking lot in front of the project, tree planting and (potentially) fencing along
the north/cast side of West 7th Street to create more of a parkway environment to the street,
and further thicken the buller to the neighbors, and management of site lighting design to
ensure no visihle spillover of light from the night activities.
.
The residents had also questioned the R-3 zoning, suggesting that an R-2 standard would
be a better gauge for comparison. I [owever, recent proposals for R-2 development
(townhouses) have all been for subsidized development - the lower densities in the R-2
district have not yielded any credible market-rate proposals for the property.
One orthe primary concerns related to traffic along West 7th Street. It was noted that the
site could accommodate up to approximately 300 residential units if developed under the
current zoning. Traffic generation standards for multiple family residential in similar
areas estimate approximately 8 trips per day, an approximate total 01'2,400 daily vehicle
trip ends from a development on this site.
For arenas, there are a number of possible standards. Institute of Transportation Engineers
data lists estimates based on square footage and seats. Peak trip generation for such uses
based on a square footage variable would estimate a total of less than 200 trips during an
average day (not including peak game nights). On game nights, this number would be
added to the trip generation of a game - and estimated 450-600 trip ends, for a total range
of 650 to 800 trips for the arena facility. Based on the numher of seats, the ITE data
would estimate a total of approximately 700 trips per day for the complex. This is
consistent with the square footage estimate, and should provide a reasonable expectation
for the project. Compared to the residential project, traffic generation should be expected
to be approximately one third or less, even on the peak game days.
.
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Planning Commission Agenda - 09/03/02
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Finally, planning statTwould emphasize the criteria for considering rezoning of property.
The zoning ordinance lists the following factors to consider when a rezoning request is
proposed:
1. Relationship to the Comprehensive Plan.
2. Geographical area involved.
3. Whether such use would tend to or actually depreciate the area.
4. Character of the surrounding area.
5. Demonstrated need for the use.
Planning staff believes that these tests support the use, particularly compared to
alternatives for the property. The value of a PlIO zoning district is the ability of the City
to enforce any additional conditions it may find necessary to ensure that the surrounding
area and the City's infrastructure are properly addressed.
ALTERNATIVE ACTIONS
1. Motion to recommend approval of the concept PUD rezoning.
.
2.
Motion to recommend denial ofthe concept PUD rezoning.
STAFF RECOMMENDATION
Staff recommends approval ofthe rezoning, based on the general concept sketches
provided at this time. Tkcause the neighborhood across Th Street docs not utilize that
street for direct access, the traffic issues are greatly reduced. By focusing on screening of
the site (particularly the parking lot areas) from the residential area, the overall ilnpact of
the project should be reduced, even fi:om that of a multiple family residential project (as
the site is currently zoned). Follow-up review will require more complete site and
building plans of both the recreation and commercial portions of the project bef(lre a final
PU D permit can be considered. As noted in this report while there are some legitimate
concerns to the project the PUD zoning should provide adequate protection for the City's
planning process and the neighborhood.
SUPPORTING DATA
None
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Planning Commission Agenda - 08/06/02
6.
Public Hearing: Consideration of a request to rezone land from R-3. Multiple Familv
Residential to POD. Planned Unit Development to accommodate a recreation center
and commercial development. Applicant: Silver Creek Development. (NAC)
A. Reference and Background.
Silver Creek Development is seeking a Planned Unit Development rezoning on vacant
land hetween West Th Street and 1-94 to accommodate the development ofa recreation
center and commercial development. The land is currently zoned R-3, Multiple Family
Residential, and is owned by the City of Monticello. The recreation center would consist
of a "huhble" covered soccer field and an indoor ice arena with approximately (iOO scats.
Future development of a second ice sheet is also planned fi.)r in the concept. The City
Council has endorsed the idea of working with the developers toward this ohjective.
The second component or the project would be conversion of the remainder of the parcel
from planned residential to a commercial use. The applicant has talked ahout a restaurant
as the primary commercial user. The concept plan accompanying the rezoning request
shows the recreation center along the west side of the site, abutting County Highway 39,
and the commercial portion oecupying the east 1/3 or the property. The City has also
planned to construct a stormwater pond on the easterly 2 acres (:t) of this parcel.
The primary land use issue presented by the proposal is the impact of the uses on the
single 1~1mily residential neighborhood to the north of the site. This neighborhood does
not utilize 7th Street 1'01' access, hut the deep hack yards of several homes would be
exposed to the project area. Beeause these types of uses can have different impacts than
multiple family residential, the City will need to consider how those impacts might he
mitigated.
West 71h Street is proposed to he a collector street that will carry traffic between County
Ilighway 39 on the wcst, through this area to Trunk Highway 25, and eventually all the
way to County Ilighway 18 on the east. Moreover, the planned land use of multiple
family residential would add a significant level of traffic to the road, and activity to the
currently vacant site. The proposed uses would also add traffic, although peak activity
periods would he during high school hockey games or weekend tournaments. Practice
times or other activities are likely to create less tratlic.
The commercial site could add signifieant traffic to the east end of the property. In the
case of both commercial and recreational uses, parking lot lighting and headlights may
create the greatest annoyance to the neighbors. It would he possible to screen thcse
impacts if properly designed. Although landscape screening on the development side of
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Planning Commission Agenda - 08/06/02
.
the project is the most common application, berming is effective as well. In addition, the
City may wish to consider some screening along the north side of?h Street to mitigate
the increased traffic levels along the roadway.
The applicant has discussed the additional screening, and is working on an updated
concept plan for presentation at the Planning Commission meeting. No specific site
planning has been done for the commercial portion at this time.
B. Alternative Actions.
I. Motion to recommend approval of the rezoning from R-3 to PUD, based on a
finding that with appropriate screening, the proposed uses (recreation and
commercial) can be made to be compatible with the residential neighborhood.
2. Motion to recommend denial of the rezoning, based on a finding that the current
designation of R-3 would provide the most appropriate land use for this area.
C. Staff Recommendation.
.
Staff recommends approval of the rezoning, based on the general concept sketches
provided at this time. Because the neighborhood across Th Street does not utilize that
street for direct access, the traffic issues are greatly reduced. By focusing on screening of
the site (particularly the parking lot areas) from the residential area, the overall impact of
the project should be reduced, even from that of a multiple family residential project (as
the site is currently zoned). Follow-up review will require more complete site and
bui Iding plans of both the recreation and commercial portions of the project beJi)re a final
PUD permit can be considered.
D.
Supporting Data.
1.
Concept pun Site Plan
.
2
oJ
.
.
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Planning Commission Minutes - 08/06/02
6.
Public Hearinu - Consideration of an amendment to the zoning map to re-zone from R-3
to a PUD district allowing a mix of sports hleilities and commercial facility: and
Consideration of a concept stage planned unit development. Applicant: Si Iver Creek Real
1':state Development Ltd, !oLC and The City of Monticello
Steve Grittman, City Planner, provided the staff report regarding the applicant's request
for rezoning of this site to accommodate a mixed use development consisting ofa
recreation center and a future commercial site. Grittman advised the site would consist of
a "bubble" covered soccer field and an indoor ice arena with approximately 600 seats and
advised or parking patterns for this site. The City has also planned to construct a storm
water holding pond on the easterly 2 acres. Primary impacts on the neighborhood would
be at peek use times during varsity highschool hockey games or weekend tournaments,
stating the majority would be low impact as teams are coming and going from practices.
Grittman advised that the City would need to consider how the impacts on the
neighborhood might be mitigated. He stated increased landscape density would help with
screening, stating parking lot lighting and headlights may create the most annoyance.
Grittman advised that the architect has relayed some comments to address this as well.
He also told the commissioners that he docs not believe that Co. Rd 39 would be
allowable by the County as an access and they also relayed this to the architect. Grittman
stated the main traffic would be along Th Street, exposure would be to the freeway, and
there may not be a lot ofroom to do expansive greenspaee so they would have to work
within the narrow spaces to create a bulTer zone. It was also advised that 7th Street is a
collector street.
It was noted that statI does not have a site plan for the commercial area at this time and
that the developer had talked about putting the commercial site at the corner of Co. Rd.
39 and Th Street initially. Dragsten asked what would be allowable on this site if it
remained R-3 and Grittman advised it could be a 3 story, multiple dwelling with up to
250 to 300 units. Smith asked O'Neill if there was a time line for the extension of 7th
Street and he stated he believed the City Council felt this was a priority and had asked for
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Planning Commission Minutes - 08/06/02
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a feasibility study. O'Neill added that this could possibly be over a 3 year time period.
Smith also asked about access in and out on Co. Rd. 39 and had it heen looked at by the
County. Grittman stated it had not. Smith also asked about the speed of traffic on Co.
Rd. 39 being a problem and would this create more, and if so could it be reduced.
Grittman stated that the County would have to handle that issue and they possibly would
conduct a speed study.
.
Chair Frie opened the public hearing. Joan Larson, 11 Sandtrap Circle, stated after
speaking with her neighbors she had started a petition opposing the rezoning. She
questioned what happens to the zoning if the project does not move forward. Grittman
advised her that zoning action is an ordinance, but that the City Council could choose to
change it at any time. lie also explained PUO zoning, and advised that any development
would have to get specific Council approval with a PUD. Larson then asked if the
project does not go forward, would the developer then be able to do whatever they
wanted on that site. O'Neill stated the final terms and arrangements have not been done
and the City will hold the land until the project is actually going to be what the developer
said it was to he. [rie advised that only the request for re-zoning would go to the City
Council on August 12th, stating that this is just the first step of the process. It was also
advised that there would be a public hearing for future steps. Herbst again advised of
PUD zoning and if this project went forward they would look at commercial zoning at
that time. lIe also stated that if the project did not go forward a new developer could
come in with a residential proposal. Grittman stated that residential is allowahle in a
PUD, and stated that the advantage is that the City owns the property and will have the
ultimate power to review whatever development comes in. Larson also commented that
she felt that the lIigh School would be a better site for the project and it doesn't seem
feasible to try to fit that much property onto that small of a piece of land. She added they
were not opposed to hockey or soccer, only where it goes.
Kara Alhrecht, 23 Fairway Dr., stated she had issues such as lighting, traffic, noise, and
that she is concerned ahout resale of housing in that area if this were built. She also
asked ahout hours of operation and on-street parking, which she felt would cause littering
and loitering. Albrecht added a concern that there would be no buffer between the
commercial and residential and felt that R-3 is more appropriate. She asked about the
initial construction process being most likely in several phases and what would the time
line he, stating that housing typically goes up fairly quickly and is not as disruptive. She
also felt there was not enough area for adequate screening.
.
Cindy Nelson, 8 Center Circle, also stated she is against the placement of the facility at
this site, hut not against the facility itself, and also felt it would be better located hy the
schools. She states her children are involved in hockey and parking is an issue at these
types of facilities. She added that practices can start as early as 5 a.m. and go as late as 11
p.m. on week nights and weekends, and also stated that they have never driven into
neighborhoods to park at any of the other facilities. Nelson also felt the facility would be
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Planning COlnmission Minutes - 08/06/02
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better placed either in a commercial area or school district area. She strongly supports this
f~lcility, but not in this area. Frie asked Mrs. Nelson ifshe was a member of the Hockey
Association and she stated she has been in the past. Frie explained that the Hockey
Association had decided on this site, even with the possible detriments.
Herbst asked Grittman about headlight concerns if the site remained R-3 and Grittman
stated it would be the same issue and would have to be addressed. Crrittman also advised
that the previous concept plan was the one issued in the paper and that the applicant has
now flipped their proposal and that is why it is different than what was in the paper.
Resident 7 Sandtrap Circle, stated she is pro hlcility, but not at this site. Noise and
parking will be an issue, especially parking on the street in the winter. She also pointed
out the drainage field and the future water needs for the facility, noting that we currently
have a watering ban. She questioned if the City would need a new tower and I-Ierbst
stated they are studying that.
.
Brad Klatt, 13 Sandtrap Circle, stated he had concerns with increased tratlic on Th Street
also and felt that this should be addressed first. Also stated here are a number of small
children and traffic speed is a concern. lIe noted this area consists of a group of cul-de-
sacs with little traffic and that was a main consideration when he purchased in that area.
He asked [()t" an explanation of R-l and R-2 zoning and Grittman advised. Klatt had a
concern why this site hadn't been lotted out into an R-l or R-2 in the past. He also asked
about taxes increasing due to this Llcility.
Bill Grigsby, 9 Sandtrap Circle, stated that this proposal would be right in his back yard.
Docs not think this is the appropriate site for this facility, traffic is a concern already and
also questioned the drainage area that is necessary.
Jack Nelson, 8 Center Circle, stated he thought that when the High School was planned
that there was an arca set aside for an ice arena. lie is also concerned with traffic and
safety concerns when turning off Co. Rd. 39.
Randy Paumen, 15 Sandtrap Circle, stated hc has a concern regarding noise. They picked
this area also because of the cui-de-sacs. Feels also the school would be a better site,
bettcr parking as wcll, and felt that they should look at other communities to see what they
are doing. He asked Frie about the completion of Th Street and Frie advised that was a
City Council dccision and that they have had a lot of dialogue on the subject and would be
better able to answer that question.
.
Chuck Friberg, RSVP Architecture, representing the hockey association, advised that therc
is not a developer involved in this project at this time. Silver Creek Real Estate camc in
and offered to build and lease back the facility to the lIockey Association. He also
advised the reason why the Association was asked to come up with $400,000, and that
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Planning Commission Minutes - 08/06/02
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along with other dollars from sponsors, ice time rentals, etc., would ensure payback. He
added that this is being looked at as a business. The site location was chosen because the
City oiTered the property at no cost to the Hockey Association, and later the Soccer
Association came in and wanted land, which is when Silver Creek became involved. He
added that an advantage to having a t~lcility in Monticello would be eliminating drive time
for parents, and the players can play at home. lie stated they have worked with Grittman
on interior sidewalks, berms, access, and screening. lie stated there would be 600 seats in
the arena and approximately 200 cars on any given weekend for a game, but also felt that
if residences were built on that site, the traffic would increase greatly.
Chair Frie then closed the public hearing. O'Neill clarified that this type of facility was
allowed by conditional use permit in the R-3 zone, and if a commercial site was not part of
the plan it would still be allowed by conditional use permit. The idea of a PU D was to
accommodate the commercial site. Also, regarding the drainage area he stated there is
about 3/4 of an acre needed on that site for drainage. He also advised that 71h Street has
always been in the comp plan to connect with Co. Rd. 39 allowing circulation across the
freeway and that eventually it would become a busy road regardless.
.
Hilgart asked what land is available at the High School and O'Neill stated none that is
under the control of the City, but docs not know how much the school district has. Hilgart
stated that possibly if the City wanted to give land up they could sell the land and use the
money to purchase land by the school, adding that he also felt it should be by the schools.
Dragsten added that the thought that the hockey arena would add traffic issues with
approximately 200 cars would actually be less than if an apartment unit were placed there
as that could be up to 500 cars everyday with an average of 5 trips to and from per day.
lie also felt that regardless if the hockey arena goes forward, 7th Street will go through and
there could be a commercial site as well. He felt this was a good use of the land. Exiting
onto Co. Rd. 39 would give an additional exit; and in regard to on-street parking, Dragsten
felt the plan would not be approved if it did not accommodate for parking.
Carlson reiterated that 71h Street wi II go through regardless. In regard to current zoning,
the hours of operation t()f a hockey arena would be set, and there are no set hours for
apartments, with traffic 24 hours a day. He is leaning toward investigating other possible
sites, whether it's by the school or another site, he would like to make an effort to see
other options and make a recommendation based on that.
.
Smith asked if I ,arson initiated the petition and she stated yes, but only after talking with
neighbors. lIe asked her if she had also talked to the neighbors about the alternative of
what could go on that site and she stated she had. She also stated they do not want low
income housing or apartments. Smith then asked the residents if they felt it would be
better to have an apartment on that site. Smith added that he felt this is a great concept for
the City but he also understands the concerns of the neighbors in this location. He also
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Planning Commission Minutes ~ 08/06/02
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felt that it was great that the City was otTering land.
Frie stated that initially they had looked at approximately three other sites and asked
O'Neill how they ended up at this location, other than the land at no cost. O'Neill stated a
number of factors. With regard to R-3 zoning, it was felt that this would be less impact on
the neighborhood than R-3 uses; there would be extensive screening and buffering; they
would have direct access to ]lh Street since it will be a busy street anyway, and the
tradeoff's were neutral. The visibility of an arena at that location also was a positi ve
ref1ection on the community, as well as self advertising. With the presence of Chelsea
Road on the south side, this would allow people to bypass the downtown area and would
mitigate some of the traffic on 71h Street. They also felt that closeness to the downtown
area may help in redevelopment of that area, with traffic being fl1rced to come past those
businesses.
O'Neill also stated there had been meetings with the school but there did not seem to be as
much support. There is also a 5 acre piece of City owned property, but this may no longer
be available. He noted several other sites but these did not seem to support the
redevelopment efforts of the City and their goal to keep them closer to the downtown area.
.
Herbst added that he felt that this proposal would be less of an impact than R-3 zoning.
Frie also stated that they do not support spot zoning and that this property is already zoned
residential. He advised that the residents on 6\h Street and Minnesota Street are upset
about traffic in that area as well and agreed that the City, possibly along with Silver Creek
Real Estate and the Country Club, would need to propose how they would alleviate the
traflic in that area.
O'Neill addressed spot zoning and stated that the commercial side of this proposal would
really be an extension of this site. The public uses would be allowable and he did not
agree that this would be spot zoning, but rather a blending of zoning from commercial into
public use. Frie also advised that this site has not been a great site in that it has not
brought anyone in to develop it, adding it has not been a lucrative opportunity. It was also
stated that there has not been interest in single family or 2 family development, but there
has been significant interest in multiple family, high density housing which the City has
not accepted. Carlson also added that R-l or R~2 would not be supported. The City has
actively pursued development of this property, but proposals have only been for high
density, subsidized housing. The City does market this site and hear from interested
developers. There was no further discussion.
.
A M(JfION WAS MADE I3Y DICK FRIE TO TAI3LE ACTION AND PURSUE
OPPOKITJNITIES FOR OTHER A V AILAI3LE SITES, WITH CONTINUED
SUPPORT TO PROCEED WITH THE PROPOSAL AS INTENDED, BASED ON 'fHE
CONCERNS BY ABUTTING RESIDENTS REGARDING TIlE ISSUES STATED
ABOVE. RICHARD CARLSON SECONDED THE MOTION.
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Planning C0l1llnission Minutes - 08/06/02
.
The Planning Commission agreed to looking into other options, but also stressed the
alternative which may not be as desirable. It was also advised that if this project proceeds
there would be another public hearing held.
THERE BEING NO FURTHER DISCUSSION, MOTION CARRIED UNANIMOUSL Y.
.
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Dear Members of the Planning Commission,
Per your request. I am submitting this package as a response to our selection of the th
Street site for our project. Monticello Hockey, Monticello Soccer, Silver Creek and
myself, The Point Group will be in attendance next Tuesday the 3rd to answer any
questions and provide any additional information.
On August 6th 2002, the Planning Commission was asked to consider the rezoning of
City owned property between Seventh Street and Interstate Highway 94 on the corner of
County Road 39. The property in question is approximately a 17 acre track of
undeveloped land the City acquired sometime ago over an issue of unpaid taxes. It is
understood the property is currently zoned R-3 and that the City has waited to pursue
opportunities for development until the completion of 7th Street. When the Monticello
Youth Hockey Association (MYHA) came to the City asking if there was any City
property available for the development of an ice arena City staff encouraged MYHA to
consider the ih Street property (see attached letter from City staff).
MYHA proceeded to have a preliminary site design completed showing a single sheet
facility with parking with the option for a second sheet to be added. That preliminary Site
was shown at a subsequent City Council meeting and the property was offered to the
Association to build the Ice Arena if funding could be secured. This was MYHA's first
step towards the development of the th Street site. It should be noted this particular
development was allowed in the R-3 zoning as a conditional use. No rezoning would
have been required.
After the project started to gain momentum the Monticello Soccer Club (MSC)
approached MYHA on joining in the development by adding a domed soccer field for
multiple use. Financing projects of this type is difficult at best so MYHA and MSC
approached Silver Creek Development. a developer from Rogers, MN with local projects
including Town Centre, Sixth Street Annex and Silver Crest Apartments to join in the
project as a partner to provide financial assistance. Silver Creek offered to guarantee the
tax-exempt bonds for the construction of the Sports Complex if the property could be
rezoned allowing them to develop the remaining 5 to 6 acres as a retail project. City staff
suggested rezoning to a Planned Unit Development (PUD), which would allow for the
mixed use of the sports facilities and the retail. A PUD requires a site planning process
that will ensure the development and design will compliment the neighborhood.
MYHA had been unsuccessful for a number of years in establishing a home based Ice
Arena for the youth of Monticello. They have weathered numerous failed referendum
efforts, lacked the alternatives to financing, or didn't have a business model to get the
project completed. Their efforts to date have left the community without an important
recreational opportunity. This has also led to families traveling miles from home for a
simple practice hour of ice and spending hundreds of thousands of dollars at other
communities businesses. At this time we have an opportunity to complete a vision the
community has had for a number of years with a unique team.
.
During the Commis~ion meeting on August 6, 2002, the commissioners heard the
concerns of the neighborhood over the development on the property. Following the open
floor discussion the Commission decided to table the issue for a month and gave the
Hockey/Soccer Associations the charge to come back and show they had done their due
diligence in looking at alternative sites for the facility. This package represents a recap
of the numerous sites evaluated for the Monticello Sports Complex project.
After meetings with City officials from Monticello, Becker, Clear Water and Big Lake a
number of sites were identified that potentially could support the program of the ice
arena and several that could support the newly defined program of ice, soccer and retail.
Those pieces of property are detailed in the following pages.
During the August 6th meeting the neighborhood residence brought several points of
concern to the table. High points of those concerns and our design response are as
follows.
.
. Concern the Sports Complex will bring unwanted numbers of traffic to the area:
Based on Steve Grittman, City Planner's report, compared to a residential project,
traffic generation should be expected to be approximately one third or less even at
peak times. It was noted that the site could accommodate up to approximately 300
residential units if developed under the current zoning. Traffic generation standards
for multiple family residential in similar areas estimate approximately 8 trips per day,
an approximate total of 2,400 daily vehicle trip ends from a development on this site.
For arenas, trip generation would be less than 200 trips on an average day and 650-
800 trips on peak game nights. An average of 700 trips per day for the Complex
would be estimated.
. The arena has 600 seats but you don't provide 600 parking spaces: On game days
the arena has 600 seats with parking determined at one space for every 3 seats or
200 cars. During a tournament turnover in the parking lots would happen every 2.5
hours of 400 cars. Four games per day would still have the load level at 1,200 trips.
The PUD will allow the Planning of appropriate parking per nationally agreed to
ratios.
. Concern the development will create traffic problems in the neighborhood: The
Commission pointed out extension of th Street to the downtown will increase traffic
in the area. Creating a PUD will assist in the development of a specific end user
development (skaters, soccer players, and dinners). Speed levels will be established,
stop signs employed and no parking on the shoulders enforcing all parking will be
contained on the site.
"
. The arena will create a noise problem: Hours of operations will be agreed to as part
of the PUD. Sound levels can be agreed to as part of the PUD.
. Concerned the development will be phased construction: It is the intent of all parties
to be open and completed by November of 2003.
.
. Concerned the site lighting will keep me awake: The PUD can regulate the site
lighting. All lights will be perimeter mounted throwing their light into the site with
back flood protectors allowing no light to filter to the neighboring properties.
. '
.
.
.
. Concerned headlights will be going through my house: The site will be designed with
a perimeter berm landscaped to block off headlights. Entry into the site can be
designed so adjacent properties don't have to live with headlights in the house.
. Concerned during tournaments people will park on my lawn: The site will easily hold
over 650 parking spaces including those for the retail where a cross over parking
agreement will exist.
. Concern that soccer and hockey games will be going at the same time: This is a
scheduling issue as well as understanding both hockey and soccer are participator
sports where small audiences are seen with the exception of major events and those
events would need to be scheduled not to run concurrent.
In summary, this use has the potential of creating less of an impact on the
neighborhood than the use allowed under the current district regulations and will result
in additional commercial activity in downtown redevelopment areas thus supporting the
economic development of the community.
Th071~
AI Gagnon
President
The Point Group
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Possible Hockey Arena
Site Locations
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7th Street site
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i ./..';~\'~ After evaluation of a number of potentIal site~: it 'became clear that 7th Street was
.:~:'::i'f#;,~f~fJ4~:~,h.~.p,p~y s.!te"that.~,lI~p()~19q..~~~...ftf)~i~~i~e~~~4i~!rn;~!~~ ~~~.cill~~..'~..~it~.,M.qhtic.~.llo
'.. ~., ....... ..' City staff and Council supported. The site 'supports.the needs of the Hockey"
,.:,~ir,J.\~';:"AssoCiation~-S()ccerClub and Silver"Creek. s'keyteam member that has agreed . . c" "'.'
.";;":?l~'~':5e',,'J/, ""'fi""""" ,-".... ..; ,C""." .' h'--'"'''' -'.' '.' .....;;11:;;.~-:;:...,I.l..~iP.'&';7 '.. ,. "'.i,~.., .-",.;' "r."-""'". .... .' "." ',. '., . .... ':
. . ".l'".",to Inanclally back t e project~~...'l'~"'~".,~';~"~~,,;'_,r';'Etff.:.':j'i'&.~r;~,,~;~j:....~.J.:,t:..,:';;;l..." """".
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'(I('~~m:?:'<'The.J"i\,~~r~~~ slte",~e,~~"vt~ltB~~~,~~,.;!b~.<~~19.r:t~~nd D()~e_ u~es__.~e~~.already' "... . ".' _.'
"X.:, "';':;:: allowed In an R-3 zone by condltlonalus~ permlt.,~ccordlng to the,Clty Planner,-, ,"' .... .
.~.', <. ',' ':~:iahe - proposed:use wilt generatesignifieantly less traffic than ,a Multi-family ;.cj""";^"i,.4"+,.:oJ":'~"~;"'-i;;'";,;,,,,,,,:
'Ki~;;l:.:,-I )~jr:J;-1';<'d""e""v'-:-"e:I"o"""'m1te'n~~o"'+Ur'. o;;;-t"':h';".e~~o't-e"''''''n' :t'l;a<'r-u;"'se""s"'''i.o?t'h'~e'''~~r- o""p-''''''''e''~~'''a.-''''I' iowedliYrlti~r'R~3:'
due"t''o'-;~~:~~::~!.::;r:;<{:0??IJ;:J{.-~~;;.;. .
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...y . -', rr"" ~ ..':...;~ '.'.,'.':;'1".,",: 1",....~. ',~ ." , .".: : .' ....c.<'.. " .,;":.;. .~::':~'. '.'" \' :..,...:.~, '~',",,',~ '~,~:\,. _~...-T:1
, .. ""i"-". ... freeway 'proximity, the'site hasprove'n to' btfundesirable for developers 'of single . .... .' <,' ';:-'; .
:r'i:.;,i;;~:;';~ .... and two, family ~ousing ~rac~s and i::;abig factor in why t~e City has offered the .
';;;:';:;:;,~#~::1 ~~(I~ ra'n'd 'fot this' deveiopment;:?1~~;~,.'.;;:aV;:i{~~~~~~w\'r~':ib2:;:'ff'<';:,':_;;",~,;;,.i\.;/. ;,:/......r,r ' '. .
.' '. "'. ""'~ ;:::;:: '~.. ';-,",i:;':\:" : ;;:;. ').;,~.; ;~!,~".;;;~:i .t;~,;~~..; ;.i~:)'~':(::- ,}' ;:,:;,;i'.:2f~',,:;., ",.::':., ',>.. .... ....... ",}:':..' .:~":~ .'. i:.','"
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". .....:' ":The site will have 'direct' access to 'ac()lIector road that has long been planned to
...;~:. ;).i,)it~k:,,;'; pro"id~~loopecJ"acce.ssbetweenJr~e~ay pridges..F:ro,msputl1 of the freeway ; .
.~c}"')/~=i:~~e.~~~:~~~~~;;~~~h~~~~~D'~n~7~,Stre1it ~'cOinpreted .
'. ,,' ~" ",:;~. .,: ,.~ ~ :.- . <~"'\''-:'::::\~'~ ,'" '~'.;-~~~.:;:~:'/~,':?:~.;7t;l:,~"~ ~," '::",:r.~;':~"?'}~'~"'~"I,.t~.1'-'?~\;:~~>L.~lt;,.',::,",'~'~~~f/,l~,\:..."I/;:~(-,~~:..?:>~:;/~
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Additionally, it is very common to find Arena's in or adjacent to residential
neighborhoods. Just a few examples include:
\,....."
". .
. Blake Arena, Hopkins
. Minnetonka Ice Arena
. Grand Rapids Civic Arena
· " Fryberger Arena: r;>uluth ',..'.
. . . Hopkins Pavilion' c' ';' _..:,
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. · .' New Hope Ice Arena-....:
. Pond Arena, Mound :.
e':' Hutctiin;son Arena'i';;;~'.\:\ .
. St Louis Park Arena
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In summary, the project at the proposed location will result in additional
commercial activity in downtown redevelopment areas thus supporting the
economic development of the community.
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BeckerCrifumunlty Center
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,'Meetings'were held\.~ith Becker CitY Council and Staff. A site for an
.'~r~nahad be.~nidentifiedjustVVestof the community center. This site
". was"not pursued due to the revei' of hlterest and support from the City,
of Monticello. It is a viable option if we decide to look outside of the
City of Monticello,.
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Becker ~~g~~"~ite
A site near the current Softball pinwheel had previously been site
planned for an Arena. Parking utilities and access were all currently
available. It is a viable option if we decide to look outside of the City of
Monticello.,
Monticello Community Center
A site for an Arena had previouslybeen identified on the parking lot
west of the Community Center' (see' attached draft site plan). This site ',' '"
was designed for a single sheet and is not viable to support two sheets
plus dome project. Additional issues including parking, purchasing
additional acreage and the Fire Department building would impact this
site.' . . .... .,,,. ,"'" -. ",,',". ,"', ," .' '
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,<:/,I,:'l~iAsite.nea(thepark &Ride,South'of~4 andjust,West of Highway 25,.
":./~:''-l::;\y~~tid;entifi~d'.';fhis-sfte''aliho'Ugt{iaigel~hough'aoes not support the '
,'-, '{f,'retail compoHe'hfoftheprojeCt and may' not allow for proper planning
",and developm~~t o,f afl overall master plan for the site. This is also a
;: -<'~::sitec.:;ity' ~taff would prefer 'riotto"gift at this time. '
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Cedar Street&- Dumas
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,,7 acre's were available for consideration..A. Ithough this site could
potentially support the Ice Arena 'alone it is not large enough for the
current program including the'SO~qer pohle.,- "
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, ",,: ';:."i^",,' -';'" '" "':;I'M ; ",.,; "''';t' · ",,,?, 11""15, H. 'H'-'WiKS""'i1.'; h"I'- <<1'1'" ::, ,,"'
~/~o>),;;,c,!':,.,...\"..'[)~tf,.~~i\v'ill.j.~ ::1-.. _.... .. "".1".~J",,'::..
': '\., ,"~:' ~"':---:,1'_,,- on Ice 0" It) .. C 00 "'''''''', ,
-- :':~f-;.;,,' >:,"_ A--YJ~: ",;i:(- ''', '" ,<',;''-:' ;"',::" ,,<,:>.' .-.,,',' '~I/,,~' >T;\:t:',., ~~:..: "j: t\", )\i~;; iF","! '" > <:o'" --
"i";",;::.:"'?" MeetJngswere held With Byron Olson, Athletic qlrector and MIke
' Benedetto, Superintel1dent,'to discus's two potential sites on the High
School campu~. A tour of the Pagel Activity Center in Minnetonka
'showcased an'example of a High School site project.. The High School
- 'site" offers 'a nl.Jmher of positives to a sports Complex project. The
..~~d~n~ d~d~r;'l~~~'I,Ui~tdJ:~tfa1\v~;ra~l~e6~::~~~~r~~::nd
sheetof ice. The ,site also does notofferany commercial opportunity
which would eliminate our financial p"artner.
. ., ': '. - ~ . ~ . ,-,
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Council Agenda - 09/09/2002
5K. Consideration of replacement of pathwav in Meadow Oaks between Meadow Oak
Avenue and Mcadow Oak Drive. (.I.S.)
A. REFERENCE AND BACKGROUND:
The pathways in the old portions of Meadow Oak are badly in need of repair. There is a 557' stretch of
6' pathway that runs from Mcadow Oak Avenue to the new 10' pathway coming off of Oak l.ane. This
section runs through the trees and hugs the railroad right of way fence and is in extremely poor condition.
The easterly 962' ofthe 6' pathway is also in need of replacement from the trail leading to Oak Lane on
the west end to the play structures near Meadow Oak Drive. We've been talking about getting this section
of pathway completed for several years and never seemed to quite get it done. Once when it was budgeted
for the money was used for other park improvements. There arc sufficient funds in the pathway
maintenance fund to make these improvements. We would like the first stretch of pathway widened to 8'
on the west end and the second stretch of pathway widened out to our current standard of 10'. The
estimated cost of replacement of this pathway is between $30,000 - $35,000. We have obtained a price
from the contractor doing the Gi lIard A venue pathway and we're obtaining one other price from Buffalo
Bituminous ,md will have those prices available for Monday evening's meeting. It would not be prudent
to reveal the price from the contractor on the Gillard A venue project until we have obtained the second
quote fi'om Buffalo Bituminous.
B. ALTERNATIVE ACTIONS:
1. The tirst alternative would be to replace the section of pathway between Mcadow Oak Avenue
and Meadow Oak Drive based upon the low quote provided at Monday evening's meeting.
2. The second alternative would be not to replace the pathway at this time.
C. STAFF RI!:C~OMMF:NDATION:
It is the recommendation that the City Council approve the replacement of this section ofpathway based
upon the lowest quote provided at Monday evening's meeting and authorize the work to proceed and be
completed this fall.
D. SlJPPORTING DATA:
None. Quotes will be provided at the meeting.
r;'EP-~~-2002
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13:06
WSB & ASSOCIATES INC.
7635411700 P.03/03
B (,( F PI-/ L.O ~ ~~ Jtl , NI.''-4 S
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.... TMJL'ImCOnD~)WCl'ION
~..:.I~.o.~OTA
InM 1JlGT .
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1 ~iIIJI1'- blId1tI~ 1t010 51' ~~ ~??? -!!-
BL.u~ '"' TIll
~~WMdI.~ I
2 ilfam 64acJtm a.faad1Oofld WIdIa 200 CY JS.~ goDO ~
fartbl J,ep1lh~ -<i1f W
3 61nch CIua 5 60) TON I' C. 99 00 ~
.& Subpklaa-.. IJ1'LP ~c. ~7"'7 C
.5' '2AD;h w. CaalIc.)lIbIa 190 TON .5'S~ ,,+,SO ~
6 TopIoilJamwr 'IS a ..:JO-" J-"- !!
I
7 SaIl 700SY V~ ~ go" ~
"tOTAL ~ If a:il S'!J.
~
1f1he e:d.qlrlll.....,.. ts~ tho 0lIl S qumUtJ an be _aced. 1M
quadty pa:mdeCI ~ ftlIIMWal Df_I!IId~ bilUlltllloul tad. bile with Ibe ~ 1....
The IICIdd1nZ'" two fEet OIl cadllidD of ihe ,.m.
__ lWlr_ '..-
"f'O'TflL ".1iD
TOTAL P.03
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SEP-05-2002 08:09
WSB & ASSOCIATES INC.
~
SUNRAM CONSTRUCTION.lNC.
20010 15TH AVENUE NORTH
CORCORAN, ~ 55340
(763) 420.2140 PHONE
(763) 4~3951 FAX
7635411700 P.02/02
DATE: AUGUST 28. 2002
COMPANY: WSB a. ASSOCIATES
DEUVIm TO: BUT WlDJS, CITY EIfGINEER
FROM: LEI w. SUNRAM
NUMBER OF PAGES INCLUDING tHIS COVER SHEET: 1
RB: GILLARD AVlDBUB TRAIL - mxTItA WORK
TO RBtlIOVE TIIB a:l8TDlG 6' WIDE ASPHALT TU1L AffD mSTALL
Alf 8' WJDB ASPBALT TRAIL
1. 1'0 RBKOVB (RBCLADI) BXI8'I'ING TRAIL
1010 S.Y. @ ~.9S S.Y. = . :1,979.50
2. TO 'EXCAVATE I'OR 6" or CLASS " ON SIDE o:r THE TR-AnJil
"ZOO .a-I C.Y. @$28.35 C.Y. · . ,ait~...o ~ 'S~70
3. TO IlI.TALL CLA.lI *5 .-/ 09JtD
('oc:O ~TOR tA '18.00 TOR - . ~
4. TO FIIfB GRADE/COMPACT TRAIL
~ID~ H4'S.Y. @ '1.00 S.Y. ..~ J'5fo L(
S. TO PLACE A 2" LAYER @ 2341 WEAR
110 .J$8"TOlf@t72.20TO. = l1P.110.0Q t 31''8
6. TOP SOIL BORllOW
,e; ..we.Y. @ '11.00 C.Y. ·
$ 1.,Q18.ad
1. SODDING
,00 69"3 S.Y. @ $3.1S a.y. l='
TOTAL
.-~., '.ArfS
tie, 16!.ao
l 35'0
"'Z'1..05'_
-
~3f6"CO~
TOTAL P.02
.
.
.
SL.
Council Agenda - 9/9102
Consideration of Resolution Declaring intent to Reimburse Project Costs through Bond Sale
Proceeds. (R W)
A. RI~FERENCE AND BACKGROUND:
c.
IRS regulations now require that before a city can issue bonds to reimburse itself for expenses it has
already paid through a bond sale, a resolution needs to be passed indicating which projects the city
will likely sell bonds for in the future. This resolution is simply a technical requirement of the bond
counsel. The resolution being proposed covers the CSAH 75 project which currently under
construction. This resolution will allow the city to finance the improvement in the future by selling
bonds. Adoption of the resolution is not authorizing a bond sale at this time.
B. ALTERNATIVE ACTIONS:
1. Adopt a resolution declaring intent to reimburse expenditures to the proceeds of bond
covering the project outlined.
2. Do not authorize the resolution.
STAFF RECOMMENDATION:
It is the reeoll1rnendation of the City Administrator that the resolution be adopted as proposed, thus
enabling the City to sell bonds to finance the project listed.
D.
SUPPORTING DATA:
Copy of resolution.
.
.
.
RESOLUTION NO. 2002-61
RESOLUTION DECLARING THE OFFICIAL INTENT OF THE
CITY OF MONTICELLO TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS. the Internal Revenue Service has issued Treas. Reg. 9 1.150-2 providing that proceeds of
tax-exempt honds used to reimburse prior expenditures will not be deemed spent unless certain
requirements are met; and
WHEREAS, the City expects to incur certain expenditures which may be financed temporarily from
sources other than bonds. and reimbursed from the proceeds of a bond;
NOW. THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF DIE CITY OF
MONTICELLO (THE "CrrY") AS FOLLOWS:
1. The City reasonably intends to make expenditures for the projects described in Exhibit A (the
"Projects"), and reasonably intends to reimburse itself for such expenditures from the proceeds
of debt to be issued by the City in the maximum principal amount described in Exhibit A.
2.
The City Administrator is authorized to designate appropriate additions to Exhibit A in
circumstances 'vvhere time is of the essence, and any such designation shall be reported to the
Council at the earliest practicable date and shall be filed with the official books and records of
the City as provided in Section 3.
3. This resolution is intended to constitute a declaration of otIicial intent for purposes of Treas.
Reg. ~ 1.150-2 and any successor law, regulation, or ruling.
Adopted by the City Council of the City this 9th day of September, 2002.
Mayor Roger Belsaas
ATTEST:
City Administrator. Rick Wolfsteller
Resolution No. 2002-61
Page 2
.
EXHIBIT A
TO OFFICIAL INTENT RESOLUTION
ADOPTED SEPTEMBER 9, 2002
MAXIMUM
DATE OF PRINCIP AL
DECLARA TION DESCRIPTION OF PRO.JECT AMOUNT OF DEBT
FOR PRO.JECT
9-9-0 I CSAH 75 - Washington Street to Otter Creek $1,568,000
.
.
.
.
...
Council Agenda - 9/9/02
7.
Consideration of adoptinl! oreliminarv 2003 budl!et and tax levy. (RW)
A. REFERENCE AND BACKGROUND:
Based on the direction provided by the Council at our first budget workshop two weeks ago, I
have prepared some additional summary budget worksheets that incorporate some of the
recommendations made by the Council in the workshop. Primarily, the revisions to the budget
include the additional levy needed to cover the first year debt payment on the new 2002 G.O.
bond debt, an additional levy for the Community Center facility to cover a reserve account for
building improvements and equipment replacement, a reduction in the Street Department levy
for part of an additional employee that had been budgeted, and a reduction in the Street
Department levy for a portion of a new loader that is proposed to be funded partially with sewer
and water trunk fees.
The following summarizes the changes being proposed in the preliminary budget levy:
Additional Levy Requirements:
Purpose
G.O. Bond Debt
$186,765
First year debt payment on 2002
G.O. Bond
Community Center Fund
Set aside funds for building reserve
and equipment replacement.
$ 30,000
Parks Fund
$ 40.000
Re-allocate 1/4 of the cost of the
new loader to Parks Department.
Total Levy Increases Required
$256,765
Reduction in Levv Reauirements:
Street Department
$ 20,000
Originally budgeted $40,000 for an
additional employee, reduced by 12
with $20,000 added to contracted to
services and/or overtime salaries.
Street Department
Levy reduced by 3/4 of the cost of a
new loader ($160,000) with 1/4
being allocated to Park Fund and
1/4 each to Sewer and Water
Access Funds.
$120.000
Total Tax Levy Reductions
Proposed:
$140,000
Net Change in tax levy
$116,765
1
Council Agenda - 9/9/02
.
As I noted during the workshop, the maximum allowed levy increase that had been originally
proposed was $97,174 or 1.49% increase over last years levy. This amount did Dot include the
amount of levy needed to cover the new bond debt that we will soon be issuing covering the
improvement projects that have taken place or are under construction. The actual amount
estimated for the new bond debt levy is $186,765, which means that we could actually increase
our overall levy amount by $283,939 or a 4.37% increase over last year. This would be the
maximum allowed by state statutes and is shown as Option II on one of the tax levy summary
sheets. Under this alternative, the entire new debt levy is added to the preliminary levy amount
that was discussed at the first budget workshop and the reductions in the Street Department levy
along with the increases needed in the Parks and Community Center levies would not
necessarily be cut from the overall levy, but are proposed to be added to both the Street
Reconstruction Fund and the Capital Outlay Improvement Fund. This amounts to a proposed
increase in both of these funds by $35,000 to be used for future street construction projects and
provide additional funds for library expansion purposes.
.
If the Council decides to actually cut the preliminary levy by the amount of reductions
summarized above, but also add the new debt requirement to the levy, the total increase would
be $213,939 over last year or a 3.29% increase in dollars to be collected. This is shown as
Option I as a reference. Under Option III, I simply picked out a percentage increase of 3.75%
which would amount to a $243,675 increase. After making the changes within the Street
Department, Parks and Community Center levies as noted above, there would still be an
additional $29,736 that could be added to the Street Reconstruction Fund. The bottom line is,
the maximum levy allowed is shown under Option II and would amount to a 4.3 7% increase in
dollars to be collected.
Hopefully, by Monday evening, I will have additional information on what the City's overall
tax capacity rate might be for next year. As I mentioned during our budget workshop, overall
City market values have increased about 11.7% during the past year, but this does not
necessarily mean that our tax capacity values will increase by a similar amount. According to
the County Assessor's office, our gross tax capacity value has increased by approximately 7.5%
from $10,141,000 to $10,918,000. If our tax increment financing district valuations remain
similar to the past year, this would result in a 7.5% increase in property values to help pay for
any levy increases needed. In other words, it appears that we may have a 7% increase in the
property values to help pay for the maximum 4.3% increase we would be allowed to levy. As a
result, property owners should not see an increase in the City's share of their taxes, even if the
Council adopted the maximum levy allowed.
.
The Council is required to adopt a preliminary tax levy and budget for 2003 by September 13th.
As always, the Council can still reduce the preliminary levy later on during additional
workshops or before the final Truth in Taxation Hearing, but can never increase it above what
we adopt Monday night. Since it appears that the adoption of the maximum levy allowed
(Option II) should not result in an increase to taxpayers next year, it is recommended that the
maximum levy be adopted at this time. Although the recommended option does provide for an
increase in our levy of$116,765 over the amount that was discussed at the last workshop, the
levy would include the first years debt obligation on the new G.O. bond debt, provide for
setting up a building reserve fund for the Community Center, and still allow for purchase of the
2
.
.
.
Council Agenda - 9/9/02
new loader within the Street, Parks, Sewer and Water Departments as originally requested.
Even after adoption of the preliminary levy, it is assumed that the Council may want to have an
additional workshop session to review the budget in more detail and to possibly look at other
revisions or re-allocations of the budget before final adoption in December.
As a final note, the City Council should also set the date for the Truth in Taxation hearing and
if necessary, an alternate date for a continuation hearing in early December. Since the City
Council cannot adopt the actual levy at the original Truth in Taxation hearing, we have
normally tried to schedule the Truth in Taxation hearing prior to the regularly scheduled first
meeting of the Council in December so that the final levy can be adopted at that first meeting.
In the past number of years, the Council has held the budget hearing at 5 p.m. on the
Wednesday prior to the first Council meeting which would place this meeting on December 4,
2002. The continuation date would have to be December 11 th but it is anticipated that an
additional hearing date would not be necessary and the final adoption could be accomplished at
its regular meeting on December 9,2002.
B. ALTERNATIVE ACTIONS:
1.
Adopt a resolution setting the preliminary budget and tax levy at the maximum allowed
of$6,782,018 and setting the date for the Truth in Taxation hearing at 5 p.m.
Wednesday, December 4, 2002 with a continuation date, if necessary, of December 11 th
at 5 p.m.
2. Adopt a 2003 budget and resulting tax levy at an amount lower than the maximum
allowed.
C. STAFF RECOMMENDATION:
Although I have not received final confirmation of our preliminary tax capacity rate for next
year, I anticipate our market values will result in an increase of approximately 7% + in the tax
capacity values to more than offset the increases that could be adopted by the Council. As a
result, it is recommended that since we can never go higher than the preliminary number
adopted by the September 13th, that the Council select Alternative #1.
D. SUPPORTING DATA:
Copy of revised budget worksheets.
3
.
.
.
MAXIMUM LEVY COMPARISONS
2002
2003
CHANGE (+ or -)
Maximum General Levy Allowed $4,578,420 $4,939,980 + 361,560
Allowable Additions:
GO Debt Levy $1,394,659 $1,268,813 -$125,846
Community Center Debt $ 525.000 $ 573.225 +$ 48.225
MAXIMUM LEVY $6,498,079 $6,782,018 +$283,939
Word/Dawn/Budget/Levy Comparison: 9/5/02
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TAX LEVY SUMMARY
2003 Budget
All Funds
Option # 1
Net Payable 2002 Net Payable 2003
Adjusted Levy Adjusted Levy
After Deducting After Deducting
Fund HACA HACA
Parks $560,735 $709,525
General $2,975,679 $3,167,330
Library $33,790 $33,790
Transportation $24,950 $0
Shade Tree $0 $28,785
OAA $0 $0
HRA $19,790 $20,820
Debt Service $1,394,659 $1,268,813
Capital Imp. Revolving $92,600 $88,010
Community Center $808,150 $894,945
Street Reconstruction $587,726 $500,000
TOTAL $6,498,079 $6,712,018
Net Certified Levy Decrease/lncrease
Maximum Levy Allowed
$213,939
$6,712,018
329%
Payable 1998 Tax Capacity Rate
Payable 1999 Tax Capacity Rate
Payable 2000 Tax Capacity Rate
Payable 2001 Tax Capacity Rate
Payable 2002 Tax Capacity Rate
Estimated: Payable 2003 Tax Capacity Rate
27.001
35186
36.272
37.146
67.645
64.872
Tax Capacity Tax Capacity
Value Rate Tax Levv
'97/Payable 1998 $14,413,597 27.001 $3,883,013
'98/Payable 1999 $13,123,681 35 186 $4,617,725
99/Payable 2000 $13,066,057 36.272 $4,739,325
2000/Payable 2001 $13,641,431 37.146 $5,067,342
2001/Payable 2002 $9,606,212 67.645 $6,498,079
2002/Payable 2003 $10,346,505 64.872 $6,712,018
COMMENTS:
*Community Center budget levy includes $573,225 for debt service and $321,720 for operations
2003 BUDGETXLS:Tax Levy Sum-All Funds:9/6/2002
--J
.
.
.
TAX LEVY SUMMARY
2003 Budget
All Funds
Option # 2
Maximum Levy
Allowed
Net payable 2002 Net Payable 2003
Adjusted levy Adjusted levy
After Deducting After Deducting
Fund HACA HACA
Parks $560,735 $709,525
General $2,975,679 $3,167,330
Library $33,790 $33,790
Transportation $24,950 $0
Shade Tree $0 $28,785
OM $0 $0
HRA $19,790 $20,820
Debt Service $1,394,659 $1,268,813
Capital Imp. Revolving $92,600 $123,010
Community Center $808,150 $894,945
Street Reconstruction $587,726 $535,000
TOTAL $6,498,079 $6,782,018
Net Certified Levy Decrease/Increase
Maximum Lev Allowed
$283,939
$6,782,018
4.37%
Payable 1998 Tax Capacity Rate
Payable 1999 Tax Capacity Rate
Payable 2000 Tax Capacity Rate
Payable 2001 Tax Capacity Rate
Payable 2002 Tax Capacity Rate
Estimated: Payable 2003 Tax Capacity Rate
27.001
35.186
36.272
37146
67.645
65.549
Tax Capacity Tax Capacity
Value Rate Tax levy
'97/Payable 1998 $14,413,597 27.001 $3,883,013
'98/Payable 1999 $13,123,681 35.186 $4,617,725
99/Pavable 2000 $13,066,057 36.272 $4,739,325
2000/Payable 2001 $13,641,431 37.146 $5,067,342
2001/Payable 2002 $9,606,212 67.645 $6,498,079
2002/Payable 2003 $10,346,505 65 549 $6,782,018
COMMENTS:
*Community Center budget levy includes $573,225 for debt service and $321,720 for operations
2003Budget.xls:Tax Levy Sum.-Opt#2:9/6/2002
~I
.
.
.
TAX LEVY SUMMARY
2003 Budget
All Funds
Option # 3
Net Payable 2002 Net Payable 2003
Adjusted Levy Adjusted Levy
AfterDeducting After Deducting
Fund HACA HACA
Parks $560,735 $709,525
General $2,975,679 $3,167,330
Library $33,790 $33,790
Transportation $24,950 $0
Shade Tree $0 $28,785
OM $0 $0
HRA $19,790 $20,820
Debt Service $1,394,659 $1,268,813
Capital Imp Revolving $92,600 $88,010
Community Center $808,150 $894,945
Street Reconstruction $587,726 $529,736
TOTAL $6,498,079 $6,741,754
Net Certified Levy Decrease/lncrease
Maximum Lev Allowed
$243,675
$6,741,754
3.75%
Payable 1998 Tax Capacity Rate
Payable 1999 Tax Capacity Rate
Payable 2000 Tax Capacity Rate
Payable 2001 Tax Capacity Rate
Payable 2002 Tax Capacity Rate
Estimated: Payable 2003 Tax Capacity Rate
27.001
35.186
36.272
37.146
67.645
65159
Tax Capacity Tax Capacity
Value Rate Tax Levv
'97/Payable 1998 $14,413,597 27001 $3,883,013
'98/Payable 1999 $13,123,681 35.186 $4,617,725
99/Payable 2000 $13,066,057 36.272 $4,739,325
2000/Payable 2001 $13,641,431 37.146 $5,067,342
2001/Payable 2002 $9,606,212 67645 $6,498,079
2002/Payable 2003 $10,346,505 65 159 $6,741 ,7 54
COMMENTS:
*Community Center budget levy includes $573,225 for debt service and $321,720 for operations
2003Budget.xls:Tax Levy Sum-Opt#3:9/6/2002
-r
.
.
.
SUMMARY
Debt Service Funds
2003 Budget Forecast
REVENUE
2002
2003
Current ad valorem: $1,394,659 $1,268,813
Interest: $170,765 $156,510
Special asmt--County $486,135 $397,037
Transfer in -Tax Increment: $132,250 $142,800
Transfer in--Liquor Fund (community center bond): $525,000 $0
Transfer in--Community Center Fund: $0 $573,225
Transfer in--Sewer Access Fund (VWVTP note): $500,000 $500,000
TOTAL REVENUE $3,208,809 $3,038,385
EXPENDITURES
2002
2003
Principal: $2,423,465 $2,237,925
Interest: $1,532,620 $1,411,924
Paying agent fees: $7,583 $7,069
Interest exp: $8,800 $0
TOTAL EXPENDITURES $3,972,468 $3,656,918
2003 BUDGET,XLS:Debl Service Fund-Forecast:9/5/2002
.
.
.
OPTION #2
REVENUE AND EXPENDITURE SUMMARY
2003 Budget
~ > BI;VENU~ 2003
~'e:'V'SIllI;:O$ E~I?I;WDITURES
General $4,145,470 $4,145,470 $4,677,980 $4,677,980
Parks $549,235 $549,235 $709,525 $709,525
Park Dedication $25,350 $20,000 $43,400 $60,000
Library $34,790 $34,790 $35,190 $35,190
Transportation $103,600 $103,600 $87,780 $87,780
Shade Tree $2,250 $44,810 $30,285 $45,775
Community Center $1,663,300 $1,663,300 $1,822,395 $1,822,395
UDAG $0 $0 $0 $0
OAA $1,220 $4,440 $375 $5,000
HRA $575,335 $342,415 $683,070 $481,560
Minn. Investment Fund $46,775 $0 $18,745 $0
EDA $44,915 $8,500 $50,800 $7,000
SCERG $480 $0 $480 $0
CMIF $150 $0 $150 $0
Debt Service $3,212,469 $4,253,543 $3,204,985 $3,728,793
Liquor $2,829,625 $2,722,940 $3,326,650 $3,132,305
Water $383,000 $654,235 ** $420,850 $701,270
Sewer $813,900 $1,980,910 . $867,050 $2,008,425
Cemetery $28,200 $33,115 $30,210 $30,685
Capital Improvements $167,000 $167,000 $219,840 $670,000
Water Access $160,885 $0 $234,000 $194,000
Storm Sewer Access $173,900 $0 $181,790 $0
Sanitary Sewer Access $659,200 $0 $850,200 $100,000
Streeet Reconstruction Fund $587,726 $0 $552,700 $0
TOTAL $16,208,775 $16,728,303 $18,048,450 $18,497,683
COMMENTS:
'includes $1,214,635 Depreciation -- contributed assets sewer
**includes $312,940 Depreciation -- contributed assets water
OPTION #2
SPECIAL REVENUE FUND
2003 Budget
Community Center
.
REVENUE
2002
2003
CURRENT AD VALOREM TAXES 22631011 $808,150 $894,945
DELINQUENT AD VALOREM TAXES 226.31021 $0 $0
MOBILE HOME TAX 226.31031 $0 $0
PEN & INT - AD VALOREM TAXES 22631910 $0 $0
HOMESTEAD CREDIT 226.33402 $0 $0
STATE GRANTS & AIDS - OTHER 226.33429 $0 $0
ROOM/SPACE RENTAL 22634101 $107,000 $107,000
KITCHEN RENTAL 226.34102 $2,400 $0
CONCESSIONS 226.34740 $48,200 $70,000
USER FEES 226.34790 $70,500 $70,500
MEMBERSHIPS 22634791 $350,000 $400,000
PROGRAM ACTIVITY FEES 22634792 $40,000 $52,000
OTHER CHARGES FOR SERVICES 226.34999 $25,000 $17,000
INTEREST EARNINGS 226.36210 $3,000 $1,950
RENTAL OF EQUIPMENT 226.36221 $6,000 $4,000
CONTRIBUTIONS - PRIVATE 226.36230 $1,050 $3,000
OTHER MISC REVENUE 226.36299 $2, 000 $2,000
TRANSFER FROM GENERAL FUND 226.39201 $0 $0
TRANSFER FROM LIQUOR 226.39207 $200,000 $200,000
TOTAL REVEI'4:lI!.!'E<:':':::i': '.,:""": $1,663,300 $1,822,395
.
EXPENDITURES
Personal Services
SALARIES, FULL TIME - REG
SALARIES, FULL TIME - OT
SALARIES, PART-TIME - REG
SALARIES, PART-TIME - OT
SALARIES, TEMPORARY - REG
SALARIES, TEMPORARY - OT
SALARIES, OTHER
SEVERANCE PAY
PERA CONTRIBUTIONS
FICA CONTRIBUTIONS
MEDICARE CONTRIBUTIONS
HEAL TH/DENTAlILlFE INSURANCE
U. C. BENEFIT PAYMENTS
WORKER'S COMP BENEFIT PAYMT
TOTAL PERSONAL SERVICES
226.45122.1010
226.45122.1020
226.451221030
226.45122.1031
226.45122.1040
226.45122.1050
226.45122.1090
226.45122.1110
226.45122.1210
226.45122.1220
226.45122.1250
226.45122.1310
226.45122.1420
226.451221520
$228,800
$2,000
$265,000
$0
$0
$0
$0
$0
$16,000
$38,400
$7,300
$35,000
$4,000
$3,000
$247,500
$2,000
$278,000
$1. 000
$10,000
$0
$0
$0
$21,000
$38,400
$7,300
$30,930
$4,000
$6,500
Supplies
PRINTED FORMS & PAPER 226.45122.2030 $0 $750
PROGRAM OPERATING COSTS 226.451222065 $0 $0
MISC OFFICE SUPPLIES 226.45122.2099 $6,400 $7,500
CLEANING SUPPLIES 226.45122.2110 $6,500 $9,500
CLOTHING SUPPLIES 226.45122.2111 $7,000 $7,000
MOTOR FUELS 226.45122.2120 $0 $0
LUBRICANTS & ADDITIVES 226.45122.2130 $0 $0
CHEMICAL PRODUCTS 226.45122.2160 $18,000 $12,000
.
.
.
.
MISC OPERATING SUPPLIES
EQUIPMENT REPAIR PARTS
VEHICLE REPAIR PARTS
TIRES
BUILDING REPAIR SUPPLIES
LANDSCAPING MATERIALS
MISC REPAIR & MTC SUPPLIES
SMALL TOOLS & EQUIPMENT
COST OF GOODS SOLD
TO"f~'12 Sl,U?Pl..,ll!'S
226451222199
22645122.2210
22645122.2211
22645122.2220
226451222230
226451222250
226451222299
226451222410
226451222998
$10,500
$0
$0
$0
$2,500
$0
$8,000
$5,000
$0
$~~,900
$18,000
$3,400
$0
$2,500
$9,100
$0
$5,000
$4,000
$0
~78,Z~!.1
Services & Charges
PROFSRV-MANAGEMENTFEE 226451223070 $700 $700
PROF SRV - DATA PROCESSING 22645122.3090 $0 $4,000
PROF SRV - WEBSITE/EMAIL 226451223092 $400 $400
PROF SRV - CUSTODIAL 226451223110 $500 $500
PROF SVC - LAUNDRY 226451223111 $3,000 $3,000
PROF SRV - BLOG/EQUIP 22645122.3112 $0 $5,000
MAINTENANCE AGREEMENTS 226451223190 $15,000 $10,000
PROF SRV - NEWSLETTER 226451223195 $0 $0
MISC PROFESSIONAL SERVICES 226451223199 $700 $9,000
TELEPHONE 226451223210 $17,000 $12,000
POSTAGE 22645122.3220 $1,200 $1 ,000
CABLE/NETWORK SERVICES 226451223250 $2,200 $2,200
TRAVEL EXPENSE 226451223310 $600 $600
CONFERENCE & SCHOOLS 22645122.3320 $2,000 $5,000
FREIGHT 226451223330 $300 $300
ADVERTISING 226451223499 $15,000 $28,000
GENERAL PUBLIC INFORMATION 22645122.3520 $6,000 $2,000
BROCHURES 226451223560 $10,000 $15,000
GENERAL LIABILITY INSURANCE 226451223610 $26,300 $20,000
PROPERTY INSURANCE 226451223620 $7,000 $5,420
MISC GEN INSURANCE (WORK COMP) 226451223699 $0 $12,120
ELECTRIC 226451223810 $70,000 $70,000
GAS 226451223830 $76,000 $62,000
REPAIR & MTC - BUILOINGS 226451224010 $5,000 $5,000
REPAIR & MTC - MACH & EQUIP 226451224044 $5,000 $5,000
REPAIR & MTC - VEHICLES 226451224050 $0 $0
REPAIR & MTC - OTHER 226451224099 $0 $0
EQUIPMENT RENTAL 226451224150 $15,000 $15,000
UNIFORM RENTAL 226451224170 $1 ,500 $1,800
TOWEL RENTAL 226451224171 $0 $750
DUES, MEMBERSHIP & SUBSCRIP 226451224330 $500 $500
TOWING CHARGES 226451224360 $0 $0
LICENSES & PERMITS 226451224370 $700 $700
CUSTOMER DISCOUNTS 226451224379 $0 $0
BANK CHARGES 226451224398 $2,600 $4,000
MISC OTHER EXPENSE 226451224399 $1 ,500 $1 ,500
OPENING CELEBRATION EXP 226451224429 $0 $0
TOT.A:L SEi,VICE;S& CHARGES './//. ////'/ ...,.................. /""',/" . "'.... 1/. ",/ $'285,70'0 "'/'" ." ............ $ 3():.i!'~!490
. 226451225301 $42,000 $29,000
22645122.5501 $0 $0
226451225601 $4,000 $6,000
22645122.5701 $2,000 $2,000
226451225702 $3,000 $2,500
22645122.5801 $70,500 $55,000
$0 $30,000
Debt Service
LEASE PYMT TO HRA - PRINC
LEASE PYMT TO HRA - INT
TRANSFER TO DEBT SERVICE FD
JOTi,!;,DEa'1'''SE~MICE
$0
$0
$573,225
$57!:~:~225
C 't C t P
.
ommunlty en er rogrammmg
RENTAL ROOM SUPPLIES 22645127.2075 $1 ,000 $1 ,000
OFFICE SUPPLIES - PROGRAMMING 226451272099 $0 $500
OPER SUPPLIES - CONCESSIONS 22645127.2145 $1 ,000 $1, 000
PARTY ROOM SUPPLIES 226451272146 $6,000 $7,000
CLIMBING WALL SUPPLIES 226451272171 $1 ,000 $500
FITNESS AREA SUPPLIES 226451272172 $6,000 $5,000
GYMNASIUM SUPPLIES 226451272173 $1, 000 $500
INDOOR PLAY SUPPLIES 22645127.2174 $500 $500
POOL SUPPLIES 226451272175 $6,500 $2,200
"THE WAREHOUSE" SUPPLIES 22645127.2176 $500 $500
WHEEL PARK SUPPLIES 226451272177 $500 $700
GEN PROGRAMMING - OP. COSTS 226451272198 $0 $5,500
CONCESSION FOOD PRODUCTS 22645127.2541 $38,000 $50,000
PRIZES 226451274390 $0 $0
PROF SVC - FITNESS 22645127.3012 $3,700 $3,000
PROF SVC - PROGRAM INSTR 226451273013 $0 $3,000
PROF SVC - GENERAL PROGRAMMING 2264512.3199 $0 $4,500
ADVERTISING - PROGRAMMING 226451273499 $0 $7,000
EQUIP RENTAL - PROGRAMMING 226451274150 $0 $3,400
PRIZES 22645127.5805 $2,000 $1,000
TOTI(!;,'::;:COMMUNIT'("CENl;IIi::R RE<;;:s:gA TIOt'J .;:IIIII;:....~ ....". .'..'.'"'' ...'I;:I;:;: $96,BOq
$"'~663,~,QQ
$~'~822,395
.
.
.
OPTION #2
SUMMARY OF PROJECTED REVENUES,
EXPENDITURES AND FUND BALANCES
(Cash & Investments)
.
GENERAL FUND SUMMARY
2003 Budget
REVENUE
Taxes
CURRENT AD VALOREM TAXES
DELINQUENT AD VALOREM TAXES
MOBILE HOME TAX
TIF #1 - KMART
FORFEITED TAX SALE APPORT
PEN & INT - AD VALOREM TAXES
TOTAL_-J~~lIil
101.31011
101.31021
101.31031
101.31051
101.31920
101.31910
Licenses and Permits - Business
LIQUOR LICENSE
BEER LICENSE
SET UP LICENSE
OTHER BUS LICENSES & PERMITS
mdT~LLICENSES.liiiiiiill\\i:E!'RMITS ~__ BI,;,!"S:lit!l'E!'SS
$29,050
$850
$50
$0
jll:!9,95Q
Licenses and Permits - Non-Business
2003
$3,167,330
$0
$0
$0
$0
$3,000
$,;lI~il~il:~i~;330
$29,050
$1 , 1 00
$50
$300
$30,~Q,Q
BUILDING PERMITS 101.32211 $400,000 $505,000
VARIANCES/CON DITIONAL USES 101.32212 $2,200 $2,650
GRADING PERMIT 10132215 $0 $0
PLUMBING CONNECTION PERMITS 10132231 $0 $0
AN I MAL LICENSES 101.32241 $200 $225
BINGO LICENSES 101.32261 $0 $0
CABLE FRANCHISE FEE 101.32262 $0 $0
OTHER NON-BUS L1C & PERMITS 101.32299 $6,200 $7,000
Tdtr.6.L,Lliiiit)lSES&P'I!!::Rifl,llIJ,Si::~NON St!J:liJit!l,IISS :: I-:::::iiiiiiiii_ $'11'8,600 :---, $~14,875
.
Inter-Governmental
FEDERALGRANTS-CETA
LOCAL GOVERNMENT AID
HOMESTEAD CREDIT (HACA)
MOBILE HOME HOMESTEAD CREDIT
PERA INCREASE AID
DISASTER AID
LOCAL GOVT/ST HWY AID
FIRE DEPT AID
POLICE DEPT AID
STATE GRANTS & AIDS - OTHER
COUNTY HIGHWAY GRANTS
OTHER COUNTY GRANTS
TOlt.6.t It!lTER~GOVER.t!lMI!!NT AL
101.33120
101.33401
101.33402
101.33403
101.33404
101.33408
101.33410
101.33420
101.33421
101.33499
101.33610
101.33620
.
Char es for Services
RECYLlNG INCENTIVE
ZONING/SUBDIVISION FEES
101.33621
101.34103
$13,500
$5,000
$0
$18,194
$0
$0
$6,7 41
$0
$65,000
$53,345
$28,000
$0
$11,750
$5,000
$18a::'O~O
$13,000
$5,000
-I
.
.
.
SALE OF MAPS & PUBLICATIONS 101.34105 $400 $200
MV LICENSE SALESIDEPUTY REG 1 01341 06 $170,000 $205,000
ASSESSMENT SEARCHES 10134107 $6,500 $8,500
INSPECTION FEES 10134204 $40,000 $160,000
FIRE PROTECTION TWP CONTRACT 101.34206 $80,620 $82,760
FIRE EMERGENCY RESPONSE CALLS 101.34207 $0 $2,500
BLIGHT MOWING FEES 101.34210 $0 $300
STREET,SIDEWALK,CURB REPAIRS 101.34301 $0 $0
SPECIAL GARBAGE PROC/RECYCLE 101.34408 $0 $3,000
GARBAGE CHG 101.34409 $53,650 $55,000
GARBAGE CART RENTAL 1 013441 0 $20,000 $26,000
PARK RENTAL FEES 10134780 $0 $0
CONSTRUCTION COST (REIMB) 10134960 $0 $40,000
OTHER CHARGES FOR SERVICES 10134999 $1 ,000 $1,200
TOTALCHABG,ES.fiQR SEBMICE,S '. ............... $t~90iail0li~ ]I"" .1I:"n~ Jlt:n
.............
Fines
ANIMAL IMPOUNDMENT
m,mimPaL'FINES
$21,000
$21,000
Miscellaneous Revenue
S A PRINCIPAL - COUNTY 101.36101 $0 $0
S. A PRINCIPAL - DIRECT 101.36102 $0 $0
S. A PENAL TIES & INTEREST 101.36150 $126,000 $128,000
INTEREST EARNINGS 10136210 $0 $0
INTEREST EARNINGS-ANDERSON 101.36215 $0 $6,785
INTEREST EARNINGS-AROPLAX 101.36214 $0 $0
RENTAL OF PROPERTY 10136220 $11,800 $1,500
RENTAL OF EQUIPMENT 10136221 $0 $0
CONTRIBUTIONS - PRIVATE 10136230 $0 $0
SALE OF CITY PROPERTY 101.36240 $0 $0
MISC ITEMS FOR RESALE 101.36241 $0 $0
LOCK (FIRE) BOXES 10136242 $450 $500
SIGNS & INSTALL (NEW PLATS) 10136243 $0 $0
OTHER MISC REVENUE 101.36299 $3,700 $4,000
TOiTAL M1Sice;LLA~Emgi'Siii,'iiR.EVENUE }<. . $141";950 1""'Ii'ii,Ii'ii','.', .,. $140,785
Refunds and Reimbursements
R EFU N DS/R EI M BU RSEMENTS 101.36290 $16,865 $10,000
IDC CONTRIBUTION (REIMB) 101.36291 $0 $0
HACA REIMBURSEMENT 10136292 $0 $0
DISCOUNT 101.36298 $0 $0
TOTALREEV~DS&RE.IMaVRSEMENTS .... .......", $16,~a65 . "......,.,....... $10,000
Transfers from Other Funds
Transfer
tIi1(Z)TAL TBAN$El,~i$fiOM....Omm'&';ii"IPUND$
IrOmAL GENERAL FUND REVENUE
10139203
$,f\iI1~Q,1320 I
$4;67t;9fJlll
"1
.
OPTION #2
GENERAL FUND SUMMARY
2003 Budget
EXPENDITURES
2002
2003
General Government
Mayor and Council $34,380 $34,520
Administration $291,220 $268,500
Finance $164,565 $186,585
Audit $17,000 $21,500
Leqal $64,175 $71,880
Planning & Zoninq $184,560 $202,530
Assessing $27,100 $29,925
Deputy Registrar $176,255 $207,365
City Hall $1 1 1,215 $132,000
Data Processing $94,490 $99,750
Elections $7,100 $0
National Guard $17,875 $21,870
TOlij'IIII:IGENERAIIIIIIGIIII!RNME~ ... ..~,t;~89,931'5Ji1[ . ,i"i'ii..: .... $1 ,21'~:~il~i
Public Safety
Law Enforcement $626,925 $716,710
Fire $206,520 $216,855
Building Inspections $196,685 $21 1 ,790
Civil Defense $13,040 $15,665
Animal Control $46,175 $42,250
TOliAU'PUBLIC SIFi,Ii!lII1~ -:}I'l:: I ~~ilg~9,345 .i"i.... $1 ,2Q~'~:2~()
.
Health & Welfare
Senior Citizens Center
YMCA/Community Education
Information Center
'1l'C9T AL HEAL""""':&i"I~fLFIRE
$125,105
$194,930
$468,880
$113,920
$99,000
$13,300
$127,895
$351,315
$120,000
$,~I;IIII~il~,345
$144,470
$181,760
$644,055
$70,490
$100,500
$18,600
$125,940
$324,325
$300,000
$1~,i'I;91 0, 11;1;P
$75,575
$18,200
$4,000
$9:'i:~liiiIiii,~
$78,465
$18,200
$4,000
$1QQ,G65
.
20038 udget. x Is: Ge n Fund Sum-Ex p#2: 9/5/2002
$11,800
$i1ii~I800
..-/
.
.
.
Economic Development
Economic Development
1111i~L EC'I''''OMIC''''':''q'':BWELd~:1
Miscellaneous
Misc. -- Severence Benefits
Insurance
lOT ALM1SCELL~NEOUS
11~l~L GE;.,fIoIERALFf,m''ll'.l'iEXP!3lf101,ll'.lI~ 11
20038 udget. x Is: Ge n Fund S u m-Exp#2: 9/5/2002
$18,500
$78,370
$9Q":I'i'O
:'''':'':11:$1:1, 15Qill~O I
$32,000
$84,505
$'111Ig"j505
$4,67''7:lil~801
'/
OPTION #2
SPECIAL REVENUE FUND
2003 Budget
Park Fund
.
REVENUE
2002
2003
CURRENT AD VALOREM TAXES 225.31011 $540,735 $699,825
DELINQUENT AD VALOREM TAXES 22531021 $0 $0
MOBILE HOME TAX 22531031 $0 $0
PEN & INT - AD VALOREM TAXES 225.31910 $0 $0
HOMESTEAD CREDIT 225.33402 $0 $0
TEAM FEES 225.34770 $0 $5,000
PARK RENTAL FEES 22534780 $1,600 $2,000
PARK DEDICATION FEES 225.34950 $0 $0
OTHER CHARGES FOR SERVICES 225.34999 $0 $0
INTEREST EARNINGS 22536210 $6,350 $2,700
REFUNDS/REIMBURSEMENTS IN 225.36290 $0 $0
OTHER MISC REVENUE 22536299 $0 $0
TRANSFER FROM GENERAL FUND 22539201 $0 $0
TRANSFER FROM OTHER FUNDS 225.39203 $0 $0
Tm!F~L REliEll\IUE "," j''' I'ii"'i'" ,",'iiiii"" "" liil8,6gi $7Qi9ii"'il~5
-..-----------------------------------
.
EXPENDITURES
Personal Services
SALARIES, FULL TIME - REG 225.45201.1010 $180,600 $199,550
SALARIES, FULL TIME - OT 22545201.1020 $2,500 $2,550
SALARIES, PART-TIME - REG 225.45201.1030 $0 $0
SALARIES, PART-TIME - OT 225.45201.1031 $0 $0
SALARIES, TEMPORARY - REG 225.45201.1040 $30,000 $35,000
SALARIES, TEMPORARY - OT 225.45201.1050 $0 $0
SALARIES, OTHER 225.45201.1090 $0 $0
SEVERANCE PAY 225.45201.1110 $0 $0
PERA CONTRIBUTIONS 225.45201.1210 $11,785 $13,115
FICA CONTRIBUTIONS 225.45201.1220 $13,215 $14,700
MEDICARE CONTRIBUTIONS 225.45201.1250 $3,090 $3,440
HEAL TH/DENTAL/L1FE INSURANCE 225.45201.1310 $38,665 $33,820
U. C. BENEFIT PAYMENTS 225.45201.1420 $0 $0
WORKER'S COMP BENEFIT PAYMT 225.45201.1520 $0 $0
tlil'TAL PEB.i,ON~(S'ERVICSii ',,,,,,,,,,,,,,,,,,,,,,,,"'ii"""''',,i hi"""""'''''''''' ""","""""'''''''''''i'''' "':"i:"""""""",i"", l"iZ9,S'11 ""'''i $3Q'ii175
Supplies
PRINTED FORMS & PAPER 225.45201.2030 $0 $0
SAFETY SUPPLIES 225.45201.2065 $0 $2,000
MISC OFFICE SUPPLIES 225.45201.2099 $200 $200
.
2003Budgetxls' SpecRevFu ndParks #2:9/5/2002
.
CLEANING SUPPLIES 225.45201.2110 $600 $700
CLOTHING SUPPLIES 225.45201.2111 $500 $650
MOTOR FUELS 225.45201.2120 $5,000 $5,500
LUBRICANTS & ADDITIVES 225.45201.2130 $1 ,400 $1 ,400
CHEMICAL PRODUCTS 225.452012160 $5,000 $7,500
MISC OPERATING SUPPLIES 225.452012199 $20,000 $21,500
EQUIPMENT REPAIR PARTS 225.452012210 $3,000 $3,600
VEHICLE REPAIR PARTS 225.45201.2211 $3,000 $3,000
TIRES 225.452012220 $1 ,000 $1,000
BUILDING REPAIR SUPPLIES 225.45201.2230 $3,700 $3,500
LANDSCAPING MATERIALS 225.45201.2250 $2,000 $4,000
MISC REPAIR & MTC SUPPLIES 225.45201.2299 $5,500 $11,000
SMALL TOOLS & EQUIPMENT 225.45201.2410 $1,000 $1 ,500
T~il1(l\L SUPPLI.i::S .i:iiiIIi ....IiI. Iii.' ]IIi;:: ........:.....i.I.Ii:I... ...........iiiii:i. $5t,~OO ...~.... $iQiZ,050
Services & Charges
.
PROF SRV - CUSTODIAL 225.45201.3110 $0 $0
MAINTENANCE AGREEMENTS 225452013190 $0 $0
MISC PROFESSIONAL SERVICES 225.45201.3199 $5,000 $5,500
TELEPHONE 225.45201.3210 $2,500 $2,300
TRAVEL EXPENSE 225.45201.3310 $200 $250
CONFERENCE & SCHOOLS 225.45201.3320 $1,000 $1,200
FREIGHT 22545201.3330 $0 $0
ADVERTISING 225.45201.3499 $600 $650
GENERAL PUBLIC INFORMATION 225.45201.3520 $500 $500
VEHICLE INSURANCE 225.45201.3630 $0 $0
ELECTRIC 225.452013810 $8,000 $9,000
GAS 225.452013830 $500 $650
REPAIR & MTC - BUILDINGS 225.45201.4010 $3,000 $3,000
REPAIR & MTC - MACH & EQUIP 225.452014044 $2,000 $2,000
REPAIR & MTC - VEHICLES 225.45201.4050 $1,500 $1,700
REPAIR & MTC - OTHER 225.45201.4099 $2,000 $2,000
EQUIPMENT RENTAL 22545201.4150 $300 $500
UNIFORM RENTAL 225.45201.4170 $2,180 $2,800
MISC RENTALS 225.45201.4199 $0 $0
DUES, MEMBERSHIP & SUBSCRIP 225.45201.4330 $700 $400
BOOKS & PAMPHLETS 225.45201.4350 $150 $150
TOWING CHARGES 225.452014360 $0 $0
LICENSES & PERMITS 225.45201.4370 $0 $0
PRIZES 225.45201.4390 $0 $0
TREE REPLACEMENT 22545201.4391 $0 $0
MISC OTHER EXPENSE 225.45201.4399 $1 ,300 $1,500
T~J AL SERYICES&"CIflARGES .iiiI' ..........':.'..I.. . Iiiii' i'iiiiii liiiiiiiiI. 11,430 '..i,Ii. $34,100
Ca ital Outla
IMPROVEMENTS
MOTOR VEHICLES
FURNITURE & FIXTURES
OTHER EQUIPMENT
JOTALCAPITAL OI!JTLAY
$0
$57,000
$0
$103,500
$1S0,~oO
.
2003Budgetxls: SpecRevFu ndParks #2:9/5/2002
.. \
. IT~iiiAl G"EII'IiERAl 81ilK
i,i,i~ 13i"I~liil~ I
$5~~i8~51
.
.
Parks/Improvements
ADOPT-A-PARK MAINT/EXP 225.45202.4090 $2,500 $3,200
PATHWAY MAINTENANCE 22545202.4091 $0 $1 ,000
PARKS/TREE REPLACEMENT 225.452024391 $0 $1 ,500
PARK LAND 225.45202.5102 $0 $0
CITY BALLFIELDS/NSP IMPR 225.45202.5305 $2,000 $15,000
SOCCER FIELDS IMPR 225452025306 $0 $0
PARK ADA/STRUCTURE IMPR 225.45202.5311 $5,000 $10,000
WEST/EAST BRIDGE PARK IMPR 225.452025312 $33,000 $25,000
PRAIRIE/OTTER CREEK PARK IMP 225.45202.5321 $0 $0
CARDINAL HILLS TOT LOT IMPR 225.45202.5322 $0 $0
PIONEER PARK IMPR 225.45202.5323 $47,000 $20,000
RIVER MILL PARK IMPR 225.45202.5324 $0 $0
4th STREET RINK IMPROVEMENT 225.45202.5326 $9,000 $0
WILDWOOD RIDGE PARK 225.45202.5327 $0
1. Playground Equipment $15,000 $0
2. Landscaping & Grading $7,000 $0
3. Picnic Tables, Benches & Garbaqe cans $2,000 $0
4. Open Air Shelter $9,000 $0
5 Trees $4,000 $0
GROVELAND PARK IMPROVEMENT $60,000
TOWER PARKIVALLEY VIEW IMPROVEMENT $10,000
J;~7Jl';b.l PA~I<:IMPR~VEMENm$ ...<"",. """"<""<'1" .". ,..,.. ..,,11""" . $13&,liiPO .",..,'<'. $145,700
IGRANo"m0J;Al 8',11<:5
$'~1~,685'1
$709:5251
2003Budget.xls:SpecRevFundParks #2:9/5/2002
-\.
.
.
.
CAPITAL OUTLAY ITEMS
2003 Budget
Data Processin
(6) PC's
Server,backup,UPS, misc.
CCO Multimedia Projector
Info Center
Landscaping Improvements - Pavers (1/2)
AL IllU:::,~CENTE.~
L1S~'ARY
PW Administration
Office Equipment - Laser Printer
Office Furniture & Fixtures Front Office Remodel
T L PW,,!AOMINIS'I'RATION
Water Access Fund
Improvements Refurbish Well #1 $13,000 Water Access
Watermain Replacement (1/4 core city project) $100,000 Water Access
Buildings: (1/2) New Bldg for Water/Collections Oept $30,000 Water Access
New Reservoir Roof $11,000 Water Access
WAi'Ji:EB DERABJMEl'4t1l
Streets
Motor Vehicles: (1/2) Bucket Truck
New 1/2 ton pickup (Replace 88 Ford)
Replace 88 Ford Plow Truck
Replace 89 - 1 ton dump truck
Equipment: Add'lloader w/plow & wing (1/4)
Replace Rollerr
Knuckle boom for post driver
Improvements: Sealcoating Program
General
General
General
General
General
General
General
General
2003 BUDGET.XLSCapital Outlay Items:9/5/2002
-)
.
.
.
CAPITAL OUTLAY ITEMS
2003 Budget
AL Se:IIE:R
Sewer Access Fund
Improvements: Sewer line replacement (1/4) of core city project
Buildings: (1/2) of new pole bldg for Sewer/Water Dept.
Equipment: (1/4) New Loader
WER>A.lZCESS>r.UND
Fire Department
Unallocated
Community Center
Improvments: Replace Iron Filter & Shower Motion Sensors
Furniture & Fixtures: Replace Mississippi Room Tables (10)
Office Equipment: Unallocated
Computer Equipment: Unallocated
Other Equipment: Kaivac machine for restroom cleaning
Pressure washer
Pool vacuum
Ceiling Fans
Gym Divider Curtain
Large Tropical Tree (Pool)
Lily Pad Walk (Pool)
Floatable toy (Pool)
Bldg_ & Equipment Replacement Reserve
$29,000 Community Ctr Fund
$6,000 Community Ctr Fund
$2,000 Community Ctr Fund
$2,500 Communit Ctr Fund
$3,500 Communit Ctr Fund
$1,000 Communit Ctr Fund
$4,000 Communit Ctr Fund
$5,000 Communit Ctr Fund
$12,000 Community Ctr Fund
$2,500 Communit Ctr Fund
$25,000 Communit Ctr Fund
$2,000 Communit Ctr Fund
$30,000 Community Ctr Fund
TOTAl.. COMMUNITYCS:E::NTER
1;OT AI3>StrREET....~E:CONSTRLJCTIil!:1N
TOTAL.. HRA
2003 BUDGETXLSCapltal Outlay Items 9/5/2002
-1
.
.
.
CAPITAL OUTLAY ITEMS
2003 Budget
Parking Lots
Improvements: Balance of Blk 35 Parking Lot resurfacing
($30,000 previousl
T<lTlIlL,'lii1l1lRKING LOTS
Public Works Inspections
Motor Vehicle: New 4x4 compact ex!. cab pickup
Furniture & Fixtures Mylar Hanging Files
pl:.,UaLlC WORKS INSPEQTIONS
Parks
Motor Vehicles: (1/2) Replacement Bucket Truck
3/4 ton pickup w/plow
Replace 83 van
Equipment: New Holland tractor attachments
Box & tommy lift for 1 ton truck
Skid Steer
(1/4) New Loader
Improvements: County Road 18 Pathway
ADA/Park Structure Improvements
Pioneer Park Improvement
West & East Bridge Park Impr. - Steps
City Ballfields Fence
Land for future athletic complex
Groveland Park Development
Tower Park/Valley View Park Development
PARKS
$15,000
$15,OQQ
$18,500
$1,600
$12,000
$23,000
$22,000
$15,500
$12,000
$36,000
$40,000
$30,000
$10,000
$20,000
$25,000
$15,000
$30,000
$60,000
$10,000
General
General
General
Parks
Parks
Parks
Parks
Parks
Parks
Parks
Park Dedication
Parks
Parks
Parks
Parks
Park Dedication
Parks
Parks
2003 BUDGET.XLS.Capital Outlay Items 9/5/2002
~l
.
CAPITAL OUTLAY ITEMS
2003 Budget
;ro;r',t{Lpt~!J!fY)i~t~IS li~,t{ij
General
General
General
General
General
General
General
General
Deput Registrar
Office Equipment: (3) Calculators
Vacuum Cleaner
Furniture & Fixtures: (5) Office Chairs
Floor mats
Customer Chairs
Buildings: Bldg. Remodeling-Expansion
Bldg. Maintenance: Exterior Painting
New Front/Rear Doors
10;r,&L l3'OMJllIul'iIl;rYi€E(,;,!;BR'A lilt>NS
Capital Outlay Fund
Land: Industrial Park Land Acquisition - 5th year
(Previously Budgeted $265,000)
Motor Vehicles: Reseve for future fire truck
Buildings: Library Expansion - Phase I
;rOli,t{L c:API;rAL",~u;r'C:A"l',":
$100,000 Capital Outla
$35,000 Capital Outlay
$500,000 Capital Outla Reserves
.
.
2003 BUDGETXLSCapital Outlay Items 9/5/2002
\
"
.
CAPITAL OUTLAY FUNDS
(Items Budgeted For Or Committed, But Not Yet Spent)
Estimated Capital Outlay Reserve Balance
as of 12/32/02
2002
Annual Sealcotaing program
(1/3) of City share of new fire truck (2nd year)
(1/2) of ISTEA Bridge Funding Gap
2001
(1/3) of City share of new fire truck (1 st year)
Industrial Park Land Acquisition (4th year)
Watermain Replacement - Broadway
1999
Industrial Park Land Acquisition - (3rd year)
1998
Industrial Park Land Acquisition (2nd year)
River Front Park Reimbursement to HRA
1997
Industrial Park Land Acquisition (1st year)
Concession Bldg - Meadow Oak Park
.
ESTIMATED 12-31-02 UNCOMMITTED FUNDS
2003 Budgeted Revenues:
Taxes and Assessments
2003 Budget Expenditures:
Industrial Park Land Acquisition (5th year)
Fire Truck Purchase Reserve (3rd year)
Library Expansion - Phase I
12-32-03 PROJECTED FUND BALANCE
.
$990,000
$35,000
$35,000
$87,500
$35,000
$90,000
$75,000
$25,000
$75,000
$35,000
$75,000
$12,000
$410,500
$215,000
($100,000)
($35,000)
($500,000)
($4,500)
Special Meeting - 8/26/02
.
Park Fund _ + $121,000
Park fund increases related to additional equipment/vehicle purchases of
$70,500 and additional $10,000 for park development with balance for
general operational increases.
Community Center +$129,000
Operations budget requires additional levy of $9,000 over last year for a
total of $292,000 after deducting for the $200,000 transferred from the
liquor fund. Debt payment has also increased by $48,000 for a total levy
increase 01'$57,000. The additional $72,000 in operating costs would be covered
by additional operating revenue.
Debt Service Funds - Levy requirements were reduced for 2003 by
$264J)00as some debt issues were retired early or paid off.
-$264.000
.
Salary and Benefits - The budget for salaries was increased by 5% for
the purpose of providing cost of living adjustments and to provide funding for
the increase in overall salary schedule if warranted. I have normally included 5%
\vithin the budget to provide a little cushion for any salary increases or any new
employees that may be added that \vere not anticipated earlier. This does not obligate
the Counci I to a 5olt) increase which would be considered later at a separate meeting.
As a reference, I have again enclosed a summary of our capital outlay fund reserves and the
anticipated uses that have been earmarked from this fund over the past several years. For example.
$165,000 has been budgeted in the past for an industrial park land acquisition fund and \vhen we
account for some of the other committed uses. it is estimated that we would have $400.000 remaining
at the end of this year. Next years budgeted revenue and proposed expenditures would pretty much
deplete the capital outlay fund reserves as proposed. As you will note, I included in the budget an
expenditure from the capital outlay fund of $500.000 for expansion of the library. This may not be
sufficient to cover the entire cost. but it is assumed that the capital outlay fund would be the primary
source of revenue to pay for the library expansion. unless the Council \-vanted to have a referendum to
issue a bond tl)r the expansion. Actually the fund may not even have a $500,000 available, but it
would be fairly close.
Some other items the Councils should be aware of that this budget still docs not have covered include:
.
Fallon Avenue/I-94 Bridge
Country Road 18/1-94 Interchange costs
Community Center Building Reserve Fund for such items as locker replacements. resurfacing
the pooL resurfacing parking lot. replacing roof carpet replacement or other building
improvements.
.,
,)
.
. B.
.
Special Meeting - 8/26/02
Funding for the Fallon A venue bridge or [-94 interchange costs will need to be addressed some time
in the future, although there may not be many options available since we can not issue bonds for these
improvements unless we assess at least 20% of the cost. There certainly seems to be merit in the
idea of assessing surrounding property near an interchange for at least part of the cost since their
property will certainly benefit in value increases. In regards to the Community Center building
reserve. if we add funding today, it will have to be done through a levy increase which then has to
come from some other department since we are under levy limits.
The shade tree fund proposes a levy of $28,785 to support the Dutch elm disease program. The last
few years we were able to eliminate a tax levy to fund the program by using up the tree fund reserves,
but it is estimated there will only be $15,000 available at the end of this year so a $28,000 levy is
needed to support the $45,000 annual budget.
While this will be our first workshop session, the Council will ultimately need to establish a preliminary
tax levy and budget by September 13th even though we will not be required to have an actual truth in
taxation hearing until later this fall. As always, the preliminary levy cannot be increased once we
establish it, but we can always lower it later. Since we are only allowed to increase the levy by
$97,000 (1.5%), the Council may just want to adopt the maximum levy allowed and use future
workshops to decide if funding would be reallocated among departments, etc.
SUPPORTING DATA:
Budget worksheet documents
4
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.
.
Council Agenda - 9/9/02
8.
Consideration of amendment to tattoo parlors/body oiercing establishments relatill1! to
traininl! req uirements. (R W)
A. REFERENCE AND BACKGROUND:
At the last meeting, the Council discussed a request by an individual who had applied for a
tattoo parlor/body piercing license to have our ordinance amended or modified to eliminate the
requirement of a 30 day apprenticeship fi)f an individual to obtain a tattoo license. Currently
the City Ordinance Section 3-14-1 O(G) requires that each operator at the establishment must
submit evidence of having served an apprenticeship of at least 30 days under a licensed tattoo
artist.
The applicant, Mr. David Distel of Crystal, Minnesota felt that his medical training that he has
received as a nurse would meet or exceed the training provided in a 30 day apprenticeship.
Council tabled action on amendments to the ordinance to allow City staff the opportunity to
investigate what the State Health Department requirements were and to review ordinances of
other cities.
Research conducted by City Clerk, Dawn Grossinger, has found that the State of Minnesota
does not license tattoo parlors/body piercing establishments and that individual cities or counties
can establish their own licensing requirements. The City also received sample ordinances from
the League of Minnesota for cities of Moorhead, Mounds View, Oakdale and Brooklyn
Center, all of which have some varying degrees of training requirements and/or specific licensing
requirements. In many cases, specific training requirements were not noted but there were
usually registration requirements and/or procedures that had to be followed.
In addition to the sample ordinances received, it also came to our attention that Wright County
has recently adopted a tattoo and body piercing ordinance (Effective July 1, 2002) that was not
available a few years ago when the City adopted our ordinance. Wright County's ordinance
does apply to all cities and townships in Wright County, although each individual jurisdiction
can have more restrictive ordinances than the County's. In many cases, we are finding that
cities and townships arc simply referring jurisdiction to the County's ordinance rather than trying
to establish their own. In reviewing Wright County's ordinance, they do not have a specific
training requirement or apprenticeship requirement under another licensed tattoo artist, but they
do require applicants to have successfully completed a Wright County Public Health
Department approved health and safety class that contains a curriculum regarding knowledge of
blood borne pathogens, CPR and first aid. The County also requires that the applicant
demonstrate by examination, basic knowledge of tattooing, permanent cosmetic and/or body
piercing techniques, sterilization and sanitation techniques and general health and safety
.
.
.
Council Agenda - 9/9/02
precautions. Applicants must also provide current proof of CPR, 11rst aid and annual blood
borne pathogen training when their licenses are renewed each year.
from what we can determine, requiring all operators to have a 30 day apprenticeship is not
unreasonable, but not necessarily common in all the ordinances we have reviewed. Since this
our first applicant for a tattoo or body piercing license, the City has not had to set up or
determine who is actually going to do the inspection of the establishments and monitor the
facilities as noted in our ordinance. Now that the County has established an ordinance that the
City of Monticello could refer to, it would be my suggestion that the Counci I consider deletion
of our tattoo ordinance and simply refer to licensing requirements of the County ordinance to
take its place. The only regulation the City would have to be concerned with is the proper
zoning district lor such a use, but all licensing requirements would be handled by Wright County
and would have to meet their regulations. This would eliminate the City's responsibility fl.)r
enforcement, including the inspection of facilities and would certainly eliminate any liability
associated with issuing such a license.
B. ALTERNATIVE ACTIONS:
1.
The Council could determine that the ordinance as established with the 30 day
apprenticeship requirement is appropriate and not amend the ordinance allowing for a
waiver of this provision.
2. The Council could amend Section 3-14-10(0) allowing a licensed nurse as meeting the
apprenticeship requirement.
Under this alternative, it would be assumed that a licensed nurse would have sufficient
medical training and background to meet the CPR, first aid, blood borne pathogen
requirements that arc outlined in the Wright County ordinance.
3. The Council could decide to delete the City's ordinance relating to tattoo and/or body
piercing establishments, Chapter 14, and replace it with the Wright County ordinance.
Under this alternative. all licensing and enforcement procedures related to tattoo and/or
body piercing establishments would be handled by Wright County in accordance with
their ordinance. The City would continue to require that any establishment be in the
proper zoning district only.
2
.
.
.
Council Agenda - 9/9/02
c.
ST AFF RECOMM~:NDATION:
When this ordinance was adopted in August of 1999, Wright County did not have an ordinance
that the City of Monticello could rely on and there were concerns by city staff that the City
should have some type of ordinance to regulate tattoo parlors and where they are located.
Since the County has now adopted an ordinance that can be used by all cities and townships,
similar to the county wide cigarette ordinance, it may be a lot easier for the City to simply delete
its Chapter 14 regulations and replace it with the County ordinance. This would relieve the City
of any enforcement licensing and liability associated with this type of establ ishment and lets the
County have an uniform ordinance to manage. As a result, it is my recommendation that
Alternative #3 utilizing the County's ordinance be selected.
D. SUPPORTING DATA:
Section of Tattoo/Body Piercing ordinance and copy of Wright County ordinance.
.,
.J
.
3-14-1
3-14-2
3 -14- 3
3 -14-4
3-14-5
3-14-6
3-14-7
3-14-8
3-14-9
3-14-10
3-14-11
3-14-12
3-14-13
3-14-14
3-14-1
.
3 -14- 2
.
CHAPTER 14
TATTOO AND/OR BODY PIERCING ESTABLISHMENTS
Purpose
Definitions
License Required
Application Content-License Application
Application Execution
Application Verification
Fees
Persons Ineligible for a License
Locations Ineligible for a License
General License Requirements
Health and Sanitation Requirements
Sanctions for License Violations
Penalty
Severability
PURPOSE: The purpose of this section is to regulate the business of tattooing
and/or body piercing in order to protect the health, safety and welfare of the
general public. The City Council finds that the experience of other cities indicates
that there is a connection between tattooinglbody piercing and hepatitis and other
problems. The City Council finds that the stringent regulations governing
tattooing and body piercing can minimize the hepatitis and disease risk, and
therefore protects the general health and welfare of the community.
DEFINITIONS: The following words and terms, when used in this Chapter
shall have the following meanings unless the context clearly indicates otherwise.
BODY PIERCING:
Penetrating or making a hole in or through the
human body to place jewelry or objects of metal or
plastic on any area for cosmetic purposes.
CERTIFICATE OF
INSPECTION:
Written approval from the designated City
representative or agency that the tattooing
and/or body piercing establishment has been
inspected and meets all the requirements of the
chapter relating to physical facilities, equipment
and layout for the operation of the establishment.
CLEAN:
The absence of dirt, grease, rubbish, garbage, and
other offensive, unsightly or extraneous matter.
EMPLOYEE:
Any person over eighteen (18) years of age other
than an operator who renders any service in
connection with the operation of a tattoo and/or
body piercing establishment and receives
compensation from the operator of the business or
its patrons.
MONTICELLO CITY ORDINANCE
TITLE IIl/Chpt 14/page 1
~
.
3-14-3
.
3-14-4
.
GOOD REPAIR:
Free of corrosion, breaks, cracks, chips, pitting,
excessive wear and tear, leaks, obstructions, and
similar defects so as to constitute a good and sound
condition.
ISSUING AUTHORITY: The City Administrator or his/her designee.
OPERA TOR: Any individual, firm, company, corporation or
association that owns or operates an establishment
where tattooing and/or body piercing is performed
and any individual who performs or practices the art
of tattooing/body piercing on another person.
TATTOO, TATTOOING: Any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon, under or
in the skin with ink or any other substance resulting
the coloration of the skin by the aid of needles or
any other instruments which puncture any portion of
the skin to any degree.
LICENSE REQUIRED: No person shall operate any establishment where
tattooing and/or body piercing is practiced, nor engage in the practice of tattooing
and/or body piercing without being licensed pursuant to this Chapter. All licenses
issued pursuant to this Chapter shall expire on December 31 sl of the year in which
the license is issued. Renewal of an expired license shall be administered
pursuant to application for a new license as set forth in this Chapter. A state
licensed physician who engages in the practice of tattooing and/or body piercing
shall be exempt from the license requirement. Jewelry stores and accessory stores
that provide exclusively ear piercing services using piercing guns shall be exempt
from this license requirement.
APPLICATION CONTENT-LICENSE APPLICATION: Every application
for a license under this Chapter shall be made on a form supplied by the Issuing
Authority and shall request the following information:
(A) If the applicant is a natural person:
1. The name, place and date of birth, street residence address, and
phone number of the applicant.
2. Whether the applicant is a citizen of the United States, a resident
alien, or is able to legally be employed in the United States.
3. Whether the applicant has ever used or has been known by a name
other than the applicant's name, and if so, the name or names used
and information concerning dates and places where used.
4.
The name of the business if it is to be conducted under a
designating name, or style other than the name of the applicant and
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 2
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.
.
.
a certified copy of the certificate as required by Minnesota
Statutes, Section 333.01.
5.
The street addresses at which the applicant has lived during the
preceding five (5) years.
6. The type, name and location of every business or occupation in
which the applicant has been engaged during the preceding five (5)
years, and the name(s) and addresses(s) of the applicant's
employer(s) and partners(s), if any, for the preceding five (5) years.
7. Whether the applicant has ever been convicted of a felony, crime
or violation of any ordinance other than a petty misdemeanor. If so,
the applicant shall furnish information as to the time, place and
offense for which convictions were had.
(B) If the applicant is a partnership:
1. The name(s) and address( es) of all general and limited partners
and all information concerning each general partner required in
sub-part A of this section.
2. The name( s) of the managing partner( s) and the interest of each
partner in the tattooing establishment.
3.
A true copy of the partnership agreement shall be submitted with
the application. If the partnership is required to file a certificate as
to a trade name pursuant to Minnesota Statutes, Section 333.01, a
certified copy of such certificate shall be attached to the resolution.
(C) If the applicant is a corporation or other business:
1. The name of the corporation or business formed, and if
incorporated, the state of incorporation.
2. A true copy of the Certificate of Incorporation. Articles of
incorporation or association agreement, and bylaws shall be
attached to the application.
3. The name of the manager(s), proprietor(s), or other agent(s) in
charge of the business and all information concerning each
manager, proprietor, or agent required in sub-part A of this section.
(D) For all applicants:
1. Whether the applicant holds a current tattooing and/or body
piercing license from any other governmental unit.
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 3
o
.
3 -14- 5
.
3-14-6
.
2. Whether the applicant has previously been denied a tattooing
and/or body piercing license from any other governmental unit.
3.
The location of the business premises and the legal description
thereof.
4. Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not
paid. the years and amounts that are unpaid.
5. Whenever the applications for premises either planned or under
construction or undergoing substantial alterations, the application
shall be accompanied by a set of preliminary site and building
plans, if not already on file with the City, showing the design of
the proposed premises to be licensed.
6. Such other information the City Councilor the Issuing Authority
may require.
APPLICATION EXECUTION: All applications for a license under this
Chapter shall be signed and sworn to. If the application is that of a natural person,
it shall be signed and sworn to by such person; if that of a corporation, by an
officer thereof; if that of a partnership, by one of the general partners; and if that
of an unincorporated association, by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
APPLICATION VERIFICATION: All applications shall be referred to the
Issuing Authority for verification and investigation of the facts set forth in the
application, including any necessary criminal background checks to assure
compliance with this Chapter. The application shall be issued or denied by the
Issuing Authority in accordance with Sections 8 and 9 of this Chapter. The City
Administrator shall issue a tattoo and/or body piercing establishment permit
within thirty (30) days of receipt of the application, unless the Administrator finds
that:
(A) The correct license fee has not been tendered to the City and, in the case
of a check or bank draft, honored with payment upon presentation.
(B) The operation, as proposed by the applicant, if permitted, would not
comply with all applicable laws, including, but not limited to, the City's
business, zoning and health regulations.
(C) The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the application for the permit or in any document
required by the City in connection therewith.
(D)
The applicant has operated a tattoo establishment and has had a license
denied. revoked or suspended for any of the above cases by the City or any
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 4
1)
.
.
.
other state or local agency within two (2) years prior to the date of the
application.
(E) _ The applicant if an individual, or any of the officers and directors if the
applicant is a corporation, or any of the partners, including limited
partners, if the applicant is a partnership, and the manager or other person
principally in charge of the operation of the business is not over the age
of twenty-one (21) years.
3-14-7
FEES:
(A) Application Fee:
1. The application fee shall be set by resolution of the City Council.
2. The license application fee shall be paid in full before the
application for a license shall be accepted. Upon rejection of any
application, the license fee shall be refunded in full to the applicant
except where rejection is for a willful misstatement in the license
application.
3. Separate application fees shall be paid for establishments providing
both tattooing and body piercing services.
(B)
Investigation Fee: An applicant for any license under this Chapter shall
pay the City at the time an original application is submitted, a
nonrefundable fee at a rate set by the City Council resolution to cover the
costs involved in verifying the license application and to cover the expense
of any investigation by the City's designated representative or agency
needed to assure compliance with this Chapter. In the event an
establishment is adding more than one service at a different time,
additional investigation fees shall be paid for investigation needed to
assure compliance with this Chapter.
(C) License Fee:
1. Separate license fees shall be paid for each process of tattooing and
body piercing service. This fee shall be paid annually with the
license expiring on December 31 of the year in which the license
is issued.
2. The annual license fee shall be set by City Council resolution.
3-14-8
PERSONS INELIGIBLE FOR LICENSE:
(A)
No license under this Chapter shall be issued to an applicant who is
a natural person if such applicant:
1. Is a minor at the time the application is filed.
MONTICELLO CITY ORDINANCE
TITLE IIl/Chpt 14/Page 5 D
.
.
.
2.
Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes Section 364.03,
Subd. 2, and has not shown competent evident of sufficient
rehabilitation and present fitness to perform the duties of the
licensed occupation as prescribed by Minnesota Statutes,
Section 364.03, Subd. 3.
3. Is not a citizen of the United States, a resident alien, or does not
have a the legal authority to be employed in the United States.
4. Is not of good moral character or repute.
(B) No license under this Chapter shall be issued to a partnership if such
partnership has any general partner or managing partner:
1. Who is a minor at the time the application is filed.
2. Who has been convicted of any crime directly related to the
occupation license as prescribed by Minnesota Statutes,
Section 364.03, Subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed by Minnesota
Statutes, Section 364.03, Subd. 3.
3.
Who is not a citizen of the United States, a resident alien, or does
not have the legal authority to be employed in the United States.
4. Is not of good moral character or repute.
(C) No license under this Chapter shall be issued to a corporation or other
organization if such applicant has any manager, proprietor, or agent in
charge of the business to be licensed:
1. Who is a minor at the time the application is filed.
2. Who has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes,
Section 364.03, Subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed by Minnesota
Statutes, Section 364.03, Subd. 3.
3. Who is not a citizen of the United States, a resident alien, or
does not have the legal authority to be employed in the United
States.
4.
Is not of good moral character or repute.
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 6
<6
3-14-9
LOCA TIONS INELIGIBLE FOR A LICENSE: The following locations shall
be ineligible for a license under this Chapter.
.
(A) _ Taxes Due on Property. No license shall be granted or renewed for
operation on any property on which taxes, assessments, or other financial
claims of the state, county, school district, or City are due, delinquent or
unpaid. In the event a suit has been commenced under Minnesota
Statutes, Section 278.01-278.03, questioning the amount or validity of
taxes, the City Council may on application waive strict compliance with
the provision; no waiver may be granted, however, for taxes or any portion
thereof which remain unpaid for a period exceeding one (1) year after
becoming due.
(B) Improper Zoning. No license shall be granted or renewed if the property
is not properly zoned or does not qualify as a legal nonconforming use for
tattooing and/or body piercing establishments under Title 10 of this Code.
(C) Premises Licensed for Alcoholic Beverages. No license shall be granted
or renewed if the license for the furnishing of alcoholic beverages pursuant
to Title 3, Chapter 2 of this Code or is license as a sexually-oriented
business pursuant to Title 3, Chapter 13 of this Code.
3 14-1 0
GENERAL LICENSE REQUIREMENTS:
(A)
Tattoos on Minors. No person shall tattoo any person under the age of
eighteen (18) except in the presence of, and with the written permission of,
the parent or legal guardian of such minor. The consent must include both
the custodial and non-custodial parents where applicable.
.
(B) Prohibition on License Transfer. The license granted under this Chapter
is for the operator and the premises named on the approved license
application. No transfer of a license shall be permitted from place-to-place
or from person-to-person without first complying with the requirements of
an original application, except in the case in which an existing
non-corporate licensee is incorporated and incorporation does not affect
the ownership, control, and interest of the existing licensed establishment.
(C) Hours of Operation. A licensee under this Chapter shall not be open for
business for tattooing and/or body piercing before 7:00 AM nor after
11:00 PM.
(D)
Licensed Premises. The tattoo and/or body piercing establishment license
is only effective for the compact and contiguous space specified in the
approved license application. If the licensed premises is enlarged, altered,
or extended, the licensee shall inform the Issuing authority. No person
shall engage in the practice of tattooing at any place other than the place or
location named or described in the application and license. A separate
.
ef-
t..J
MONTICELLO CITY ORDINANCE
TITLE IlI/Chpt 14/Page 7
room shall be required for body piercing and tattooing services. The
applicant shall submit a drawing to scale of the tattoolbody piercing
facilities.
.
(E)
Effect of License Suspension or Revocation. No person shall solicit
businesses or offer to perform tattooing services while under license
suspension or revocation by the City.
(F) Maintenance of Order. The licensee shall be responsible for the conduct
of the business being operated and shall at all times maintain conditions of
order.
(G) Employee Lists. The licensee shall provide to the Issuing Authority a list
of employees including operators who perform tattooing at the licensed
establishment and shall verify that each employee has received a copy of
Sections 10 and 11 of this Chapter. Each operator shall submit evidence
of apprenticeship of at least thirty days under a licensed tattoo artist.
(H)
Liability Insurance. All licensees shall have at all times a valid certificate
of insurance issued by an insurance company licensed to do business in
the State of Minnesota indicating that the licensee is currently covered in
the tattoo business by a liability insurance policy. Such insurance shall be
kept in force during the term of the license and shall provide for
notification to the City prior to terminating or cancellation. A certificate
of insurance shall be filed with the City. The minimum limits of coverage
for such insurance shall be:
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1. Each claim, at least two hundred thousand dollars ($200,000).
2. Each group of claims, at least five hundred thousand dollars
($500,000).
3-14-11
HEALTH AND SANITATION REQUIREMENTS: No person shall engage in
the practice of tattooing and/or body piercing at any place in the City without
complying with the following regulations:
(A) Lavatory Requirement. Every place where tattooing and/or body piercing
is practice shall be equipped with an adequate and conveniently located
toilet room and hand lavatory for the accommodation of employees and
patrons. The hand lavatory shall be supplied with hot and cold running
water under pressure; shall be maintained in good repair at all times; and
shall be kept in a clean and sanitary condition. Toilet fixtures and seats
shall be of a sanitary open front design and readily cleanable. Easily
cleanable, covered receptacles shall be provided for waste materials.
Every lavatory facility shall be provided with an adequate supply of hand
cleansing compound and single service sanitary towels or hand drying
devices.
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MONTICELLO CITY ORDINANCE
TITLE IIl/Chpt 14/page 8
(B) Skin Infection. No person having any skin infection or other diseases
of the skin shall be tattooed or body pierced.
(C)
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Sterilization and Disposal of Bio-Hazardous Materials. All needles, razor
blades, sharps or other equipment utilized for penetrating the skin shall be
individually pre-packaged, pre-sterilized and disposable. No such
equipment shall be used on more than one customer. All bio-hazardous
waste shall be disposed of in accordance with law, and disposal procedures
shall be approved by the Issuing Authority. Sterilizing solutions and
methods may be used for the purpose of sterilizing instruments other than
needles, razor blades, sharps or other equipment utilized for penetrating
the skin when such sterilizing solutions and methods are approved by the
Issuing Authority and Wright County Public Health Department.
(D) Skin Preparation Procedures. The following procedures shall be used for
skin preparation:
.
1. Each operator shall wash his or her hands throughly with soap and
water and then dry them with a clean towel before and after each
tattoo and/or body piercing. Operators with skin infections of the
hand shall not perform any tattooing and/or body piercing services.
2. Whenever it is necessary to shave the skin, pre-packaged,
pre-sterilized, disposable, razor blades shall be used.
3.
The skin area to be tattooed and/or body pierced shall be
thoroughly cleaned with germicidal soap, rinsed thoroughly with
water, and sterilized with an antiseptic solution approved by the
issuing authority. Only single service towels and wipes shall be
used in the skin cleaning process.
(E) Operating Furniture. All tables, chairs, furniture, or area on which a
patron receives a tattoo and/or body pierce shall be covered by single
service disposal paper or clean linens, or in the alternative, the table, chair
or furniture on which the patron receives a tattoo and/or body pierce shall
be impervious to moisture and shall be properly sanitized after each tattoo
and/or body pierce.
(F) Towels. Every operator shall provide single service towels or wipes for
each customer or person and such towels or wipes shall be stored and
disposed of in a manner acceptable to the issuing authority.
(G)
.
Garments of Operator. Every operator shall wear clean, washable
garments when engaged in the practice of tattooing and/or body piercing.
If garments are contaminated with blood or body fluids, such garment
shall be removed and changed.
MONTICELLO CITY ORDINANCE
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TITLE III/Chpt 14/Page 9
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3-14-12
(H) Pigments. Pigments used in tattooing shall be sterile and free from
bacteria and noxious agents and substance including mercury. The
pigments used from stock solutions for each customer shall be placed in
a single service receptacle, and such receptacle and remaining solution
shall be discarded after use on each customer in accordance with
procedures approved by the issuing authority.
(I) Jewelry. Jewelry for the other parts of the body shall be made of implant
grade, high-quality stainless steel (300 series), solid 14K or 18K gold,
niobium, titanium, platinum, or a dense, low-porosity plastic such as
monofilament nylon, acrylic, or Lucite. Ear studs or other jewelry
designed for earlobe piercing are not appropriate jewelry for other body
parts. Jewelry shall have no nicks, scratches, or irregular surfaces which
might endanger the tissues.
(J) Minimum Floor Space. there shall not be less than one hundred fifty
(150) square feet of floor space at the place where the practice of tattooing
and/or body piercing is conducted, and said place shall be so lighted and
ventilated as to comply with the standards approved by the Issuing
Authority.
(K) Influence of Alcohol and Drugs. No person shall practice tattooing and/or
body piercing while under the influence of alcoholic beverages or illicit
drugs. No customer shall be tattooed and/or body pierced while under the
influence of alcoholic beverages or illicit drugs.
(L)
Written Instructions. The operator shall provide the person tattooed and/or
body pierced with printed instructions on the approved care of the tattoo
and/or body pierce during the healing process.
(M) Living Quarters. No place licensed as a tattoo and/or body piercing
establishment shall be used or occupied as living or sleeping quarters.
(N) Other. The operator shall comply with any and all other regulations or
conditions of operation determined to be necessary by the Issuing
Authority, Wright County Public Health Department or the State of
Minnesota for the protection of the public health, safety and general
welfare.
SANCTIONS FOR LICENSE VIOLATIONS:
(A) The City Council may revoke the license or suspend the license for a
violation of:
1. Any provision of this Chapter or any other local law governing
the same activity during the license period.
a
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 10
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3-14-13
3-14-14
2. Any criminal law during the license period which adversely
affects the ability to honestly, safely, or lawfully conduct a
tattooing and/or body piercing business.
(B) . The City Council may, upon ten (10) days written notice to the operator
and following a public hearing, revoke the license or suspend the license
if the licensee submitted false information or omitted material information
in the license process required by this Chapter.
PENALTY: A violation of this Chapter shall be a misdemeanor under
Minnesota law.
SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this
Chapter is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Chapter. The City Council hereby
declares that it would have adopted the Chapter in each section, subsection,
sentence, clause, or phrase thereof, or phrases be declared invalid.
(#329, 9/13/99)
'T5
MONTICELLO CITY ORDINANCE
TITLE III/Chpt 14/Page 11
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WRIGHT COUNTY
TATTOO AND BODY PIERCING ORDINANCE
AN ORDINANCE REGULATING AND PROVIDING STERILIZATION, SANITATION,
AND SAFETY STANDARDS FOR
TATTOOING, PERMANENT COSMETICS AND BODY PIERCING
THE WRIGHT COUNTY BOARD OF COMMISSIONERS ORDAINS AS FOLLOWS:
SECTION 1 TITLE
This Ordinance shall be known, cited and referred to as the Wright County Tattoo And Body
Piercing Ordinance.
SECTION 2 STATUTORY AUTHORITY
This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statutes, Section 145A.01 - 145A.17, the Local Public Health Act.
SECTION 3 FINDINGS AND PURPOSE
The purpose of this ordinance is to regulate the businesses of tattooing, permanent cosmetics and
body piercing in order to protect the general health, safety and welfare of the community. The
County finds that there is a connection between the activities regulated and the spread of
bloodborne pathogens. The County finds that stringent regulations governing these activities can
minimize the risk of the spread of disease, and therefore, protect the general health safety and
welfare of the community. It is not the intent to prohibit tattoo, permanent cosmetics or body
piercing establishments from locating or doing business in the County.
SECTION 4 GENERAL PROVISIONS
4.01 Jurisdiction
The jurisdiction of this Ordinance shall apply to all of Wright County, although cities and
towns may choose to have their own Ordinance governing these activities. Any such
local ordinances must not conflict with or be less restrictive than this Ordinance.
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4.02 Application
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A. In their interpretation and application, the provisions ofthis Ordinance shall be held to
be the minimum requirements for the protection of the public health, safety and welfare.
B. Where the conditions imposed by any provision of this Ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other applicable
law, ordinance, statute, resolution, or regulation of any kind, the regulations which are
more restrictive or impose higher standards shall prevaiL
SECTION 5 DEFINITIONS
5.01 For the purpose of this Ordinance, certain terms or words used herein shall be
interpreted as follows:
A. The word "shall" is mandatory, and not discretionary; the word "may" is
permissive; the word "person" shall include, but not be limited to individuals,
businesses and corporations.
B.
Words used in the present tense shall include the future; and words used in the
singular shall include the plural, and the plural the singular.
.
c.
Words shall be given their common usage if not defined.
D. The masculine gender shall include the feminine and the neuter and vice-versa.
E. The word "Board" includes the "County Commissioners", the "Board of County
Commissioners" or any other word or words meaning the "Wright County Board
of Commissioners".
5.02 "Approved" means acceptable to the Director of the Wright County Public Health.
5.03 "Bloodbome Pathogens" means pathogenic microorganisms that are present in
human blood and can cause disease in humans. These pathogens include, but are
not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human
immunodeficiency virus (IllV).
5.04 "Blood Exposure Incident" means piercing the skin through such events as
needlesticks, cuts and abrasions from material contaminated with blood from a
client, or eye, mouth, other mucous membrane, or non-intact skin contact with
blood or blood-contaminated material from a client.
5.05 "Body Piercing" means the creation of an opening in the human body for the .
purpose of inserting jewelry or other decoration. This includes but is not limited
to, piercing of an ear, lip, tongue, nose or eyebrow. Body piercing does not, for
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5.06
5.07
5.08
5.09
5.10
the purpose of this Ordinance, include piercing the leading edge or earlobe of the
ear with a sterile, disposable, single-use stud or solid needle that is applied using a
mechanical devise to force the needle or stud through the ear.
"Body Piercer" means any person who is registered by Wright County Public
Health to perform body piercing.
"Branding" means the use of heat, cold, or any chemical compound to imprint
permanent markings on hwnan skin by any means other than tattooing.
"Business Owner" means any person, cOIl'oration, partnership, limited liability
company, association, trust or unincorporated organization which owns or
partially owns the business conducting tattooing, body piercing or permanent
cosmetics.
"Contaminated" means the presence or reasonably anticipated presence of blood,
body fluid or other potentially infectious materials in or on the surface of an item.
"Contaminated Waste" means any contamillated material used in tattooing,
permanent cosmetics or body piercing that is to be disposed of.
.
5.11 "Enforcement Officer" means the Director orhis/her designees of Wright County
Public Health.
5.12 "Exposure Control PIGJ.ll" means a written plan, applying to all those who perform
tattooing, application of permanent cosmetics, or body piercing within a facility,
describing how the applicable requirements of this standard will be implemented.
It is designed to eliminate or minimize employee and client exposure to
bloodbome pathogens and other communicable diseases.
5.13 "Facility" means any room, shop, space or vehicle where tattooing, application of
permanent cosmetics or body piercing is performed.
5.14 "Instrument" means tattooing, permanent cosmetics or body piercing equipment.
Such equipment includes, but is not limited to needles, needle bars, needle tubes,
forceps, hemostats, tweezers, pliers, or other implements used to insert pigment,
pierce, puncture, or be inserted into any part ofthehwnan body for the intended
purpose of making a tattoo or permanent hole. Such equipment also includes
studs, hoops, rings, or other decorative jewelry, materials or apparatuses inserted
into any part of the body for the intended purpose of placement in a hole resulting
from piercing.
5.15 "Minor" means any person under the age of 18 (eighteen) years.
.
5.16 "Owner" means and includes every person having ownership, control or custody
of any place of business or employment.
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5.17 "Permanent Cosmetics" means the application of pigments to or under the skin of
a human being for the purpose of permanently changing the color or other
appearance of the skin. This includes, but is not limited to, permanent eyeliner,
eye shadow, or lip color and semi-permanent cosmetic make-up application.
.
5.18 "Permanent Cosmetics Technician" means a person who is registered with Wright
County Public Health to apply permanent cosmetics.
5.19 "Permanent Hole" means a hole produced by piercing or puncturing any part of
the body, with instruments intended to leave an opening in body tissue(s) into
which anappropriate device or apparatus may be inserted. Permanent hole would
include any body part newly pierced or punctured which is undergoing a healing
process; and, any piercing whether or not removal of a device or apparatus from
the perforation would result in fusing or healing of the tissue or skin structures.
5.20 "Pemit" means written approval by Wright County Public Health to operate a
tattoo, permanent cosmetics or body piercing facility. Approval is given in
accordance with this Ordinance and is separate from any other licensing
requirements that may exist within the local jurisdiction.
5.21 "Piercing Device" means any device used for the creation of an opening in the
human body for the purpose of inserting jewelry or other decoration.
.
5.22 "Piercing Gun" means a handheld tool that shall be used exclusively for piercing
the ear, . into which single-use pre-sterilized studs and clutches are placed and
inserted into the ear by hand squeezed or spring loaded action to create a
permanent hole. The tool must be made of plastic, stainless steel or other material
that is able to be disinfected.
5.23 "Procedure Area" means the immediate area where instruments and supplies are
placed during a procedure.
5.24 "Purchase Pre-sterilized" means instruments or procedure set-ups that are sold
individually packaged and sterilized. Each package shall have a sterilization lot
number from a sterilization facility to facilitate audits.
5.25 "Registration" means the applicant has complied with all the requirements of
Wright County Public Health and has received a Certificate of Registration.
5.26 "Sanitization" means effective bactericidal and virucidal treatment of clean
equipment surfaces by a process that has been approved by Wright County Public
Health as being effective in destroying pathogens. It is not the same as
sterilization.
5.26 "Scarification" means the cutting or tearing of human skin for the purpose of
creating a permanent mark or design on the skin.
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5.27 "Sterilization" means the destruction of all living organisms including spores.
5.28 "Tattooing" means inserting pigment under the surface of the skin by pricking
with a needle or otherwise, to permanently change the color or appearance of the
skin or to produce an indelible mark or figure visible through the skin. This
includes, but is not limited to, eyeliner, lip color, camouflage, stencil designs and
free hand designs.
5.29 "Tattooisf'means any person who is registered with Wright County Public Health
to apply tattoos.
5.30 "Workstation" means an area that is set up to perform tattooing, permanent
cosmetics or body piercing. A workstation can be a separate room or an area that
can be screened to insure privacy when performing nipple, genital or other
discretionary area tattooing or piercing.
5.31 "Wright County Public Health" or "WCPH" means the Public Health Division of
Wright County Human Services Agency.
SECTION 6 ENFORCEMENT OFFICERS
Enforcement Officers are charged with the enforcement of all provisions ofthis Ordinance and
all standards adopted pursuant to it. The Enforcement Officer may enter, inspect, issue notices of
violation, impound, copy records, and secure any samples, photographs, or other evidence from
any tattoo, permanent cosmetic or body piercing shop, or any facility suspected of being a tattoo,
permanent cosmetic or body piercing shop, for the purpose of enforcing these standards.
The Enforcement Officer shall be a Public Health Nurse or Registered Environmental Health
Specialist (REHS) and have a minimum of the following training:
(1) A health and safety class with a curriculum that includes all ofthe sections
included in the Exposure Control Plan, and
(2) Basic knowledge of vocabulary, instruments and equipment used in tattooing,
permanent cosmetics, and body piercing.
SECTION 7 CERTIFICATE OF REGISTRATION
No person shall perform tattooing, application of permanent cosmetics, or body piercing unless
such a person is registered with Wright County Public Health to perform tattooing, permanent
cosmetics, or body piercing. Upon completion of all the requirements of registration, the
candidate will receive a Tattooist, Body Piercer, or Permanent Cosmetics Technician Certificate
5
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of Registration. The Certificate of Registration shall require renewal one (1) year from the date
of issuance. A licensed physician or surgeon or a person engaged in the piercing of the leading
edge or earlobe of the ears only is exempt from registration requirements.
.
SECTION 8 REGISTRA nON REQUIREMENTS AND PROCEDURES
Applicant~ must be at least eighteen (18) years of age at the time of application, and shall:
8.01 Obtain a copy of the WCPH standards and commit to comply with the standards.
Sign acknowledgment of the receipt of the standards.
8.02 Complete all WCPH application forms and pay required registration, permit and
inspection fees where required.
8.03 Registration information shall include the full name of applicant, home address of
applicant and a full description of the procedures to be performed by applicant.
8.04 Provide the name, business address and hours of operation of the facility at which
the registrant will perform any activity covered by these standards.
8.05 Provide proof of successful completion of an WCPH approved health and safety
class that has a curriculum that contains all of the section of the Exposure Control
Plan (Bloodbome Pathogens, CPR and First Aid).
8.06 Demonstrate by examination, knowledge of basic tattooing, permanent cosmetic
and/or body piercing techniques, Universal Precautions, health and safety
precautions, sanitation and sterilization techniques designed to prevent cross .
contamination.
8.07 Forrenewal of registration, applicant must have current proof of CPR, First Aid
Certificate and complete annual Bloodbome Pathogens training.
8.08 RegistratiOn is not transferable from one person to another. The Certificate of
Registration must be prominently displayed to the public, at the registrant's
workstation, in every shop where the registrant practices.
8.09 Certificate of Registration may be revoked at any time. after due process.
Registration may be suspended by the WCPH after failure to correct violations on
an official notice of violation, or failure to comply with the conditions set forth at
an administrative hearing. If the registrant shows ar1 inability or unwillingness to
correct violations and comply with the standards, his or her Certificate of
Registration may be revoked.
8.10 Notwithstanding the other provisions of these standards, if the Enforcement
Officer or any other duly authorized representative fmds any unsafe practices or
unsanitary conditions in the operation of a tattoo, permanent cosmetic, or body
piercing shop which constitute an imminent danger to the public health, the
Enforcement Officer may serve an order upon the registrant, owner or manager
citing such conditions and specifying the corrective action(s) to be taken within a
period of fifteen (15) days or less as designated by the Enforcement Officer. Such
order may state that the registrant's registration is immediately suspended and all
tattooing, permanent cosmetics, and/or body piercing procedures are to be
discontl1lUed forthwith and such tattoo, permanent cosmetic, or body piercing .
operations are to be closed. Any person to whom such an order is issued shall
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SECTION 9
comply immediately. As promptly as possible thereafter and within fifteen (15)
days, the Enforcement Officer shall provide such a person an opportunity to be
heard.
CLIENTS AND CLIENT RECORDS
9.01 No tattoo or permanent cosmetic application shall be applied to any person under
eighteen (18) years of age, regardless of parental consent.
9.02 Persons under the age of eighteen (18) years of age may receive body piercing
provided that the body piercing is performed in the presence of the person's parent
or guardian. The minor shall have a valid identification and the parent or guardian
shall have a valid picture identification. Nipple and genital piercing is prohibited
on minors regardless of parental consent.
9.03 Before administering a tattoo or permanent cosmetic, the client must be advised
that permanent cosmetics or any other tattoo should be considered permanent; that
there is potential for adverse healing such as keloid formation and hypertrophic
scarring; that it can only be removed with a surgical procedure; and that any
effective removal may leave scarring. Written information to this effect shall be
included on the consent form to apply a tattoo.
9.04 Tattooing, permanent cosmetics, or body piercing shall not be performed on skin
surfaces which have sunburn, rash, pimples, infection, open lesions, mole, or
manifest any evidence of unhealthful conditions without medical clearance.
9.05 Tattooing, permanent cosmetics and body piercing may not be performed on any
person who is impaired by drugs or alcohol.
9.06 The business shall maintain proper records for each customer. The records of the
procedure shall be kept for three (3) years and shall be available for inspection by
the Enforcement Officer. The records shall include the following:
.
.
A.
B.
The date of the procedure.
Record of information on the picture identification showing name, date of
birth, gender and current address of client.
The design and location of the tattoo, permanent cosmetics, or body
pIercmg.
The name and registration number of the tattooist, permanent cosmetic
technician or body piercer.
Copy of the signed client information and consent form to perform the
tattoo, permanent cosmetic or body piercing procedure. Consent form
must include, but is not limited to health questionnaire to include status of:
Diabetes;
History of hemophilia (bleeding);
History of skin diseases, skin lesions or skin sensitivities to
soaps, disinfectants, etc.;
History of allergies or adverse reactions to pigments, dyes
or other skin sensitivities;
History of epilepsy, seizures, fainting or narcolepsy;
C.
D.
E.
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F.
Taking medications such as anticoagulants which thin the
blood and/or interferes with blood clotting;
History ofHIV/AIDS;
History of Hepatitis B or C;
If presently under the influence of drugs and/or alcohol.
Statement acknowledging receipt of proper care of tattoo and/or body
pIercmg.
Statement informing client of permanency of tattoo, and that removal is
expensive, painful, and will leave a scar.
G.
SECTION 10 HEPATITIS
10.01 In accordance with OSHA standards 1910.1030 (f) pp 668-669 the owner must
provide free of charge, the Hepatitis B vaccination series to all tattoo, body
piercing, and permanent cosmetic technicians.
10.02 All registrants must either:
A. Document protection against hepatitis B in the form of certification of
completed vaccination for all technicians.
B.
File a certificate.ofvaccination declination for HBV for all technicians.
The declination for vaccination shall be kept on file in the shop and made
available during inspection.
SECTION 11 FACILITY PERMIT REQUIREMENTS
.
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11.01 A facility must get all necessary approvals and permits from the local land use
authority .
11.02 It shall be unlawful for any person to operate a tattoo, permanent cosmetics or
piercing facility without first obtaining a permit from WCPH. A physician,
performing tattoo or piercing procedures in the physician's office or clinic, is
exempt from this requirement.
11.03 Only a person who complies with the requirements of this Ordinance shall be
entitled to receive and retain such a permit. Permits shall not be transferable from
one person to another, from one place to another. The permit must be
prominently displayed to the public. The permit shall expire (1) one year from the
date of issuance.
11.04 The following information will be required for the permit application:
A. Name of applicant.
B. Residence of applicant.
C. If a partnership, the names and residence addresses of each of the .
partners.
D. If a corporation, the names and addresses of a designated corporate
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officer and an onsite facility representative.
E. The location of the proposed establishment, building plans and
scope of operation.
F. A complete description of all tattoo, permanent cosmetics or
piercing services to be provided.
11.05 No permit shall be issued under this Ordinance until the initial application and
plan review charge and permit fee are paid in full. These charges and fees shall be
established or modified by resolution of the County Board.
11.06 Only those activities expressly permitted under this Ordinance are allowed in a
permitted facility. Other forms of body art or modification, including, but not
limited to, branding, scarification and implants under the skin are strictly
prohibited.
SECTION 12 BUSINESS OWNER RESPONSIBILITIES
The business owner or operator of any tattoo, permanent cosmetics or piercing facility shall:
.
12.01 Allow the Enforcement Officer or any duly authorized representative, after proper
identification, to enter during business hours, any tattoo, permanent cosmetic, or
body piercing shop within his/her jurisdiction, to iIlspect, and make as many
additional inspections or re-inspections as are necessary for the enforcement of
these standards.
12.02 Be responsible for all facility registrants complying with all health, safety,
sanitation and sterilization rules and standards of WCPH.
12.03 Require each individual within the Jacility providing tattooing, permanent
cosmetics or body piercing services to be registered with WCPH.
12.04 Maintain a list of facility registrants providing services at the facility for review by
the Enforcement Officer during inspections.
12.05 Develop and ensure compliance with the Exposure Control Plan as specified. A
copy of the plan must be available at all times for use and inspection.
12.06 Have at all times a valid certificate of insurance issued by an insurance company
licensed to do business in Minnesota indicating that the business owner is
currently covered in the tattoo, body piercing or permanent cosmetic business by a
liability insurance policy. The minimum limits of coverage for such insurance
shall be:
A. Each claim, at least Three Hundred Thousand Dollars ($300,000).
B. Each group of claims or occurrence, at least Six Hundred Thousand Dollars
($600,000).
.
Such insurance shall be kept in force during the term of the facility permit and
shall provide for notification to the County of termination or cancellation. A
certificate of insurance shall be filed with the County.
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SECTION 13 FACILITY REQUIREMENTS
.
13.01 All floors, walls and ceilings shall be made of smooth, non-absorbent and non-
porous material that is easily cleanable. Concrete blocks or other masonry used in
wall construction shall be covered or made smooth and sealed for a washable
surface.
13.02 Adequate toilet facilities shall be provided in accordance with the specifications
of the Uniform Plumbing Code and any other local ordinances. Hand sink must
be located inside the restroom facility and shall be supplied with liquid hand
cleanser and single use paper towels or other approved hand-drying device.
13.03 The walls and ceilings in the cleaning room or cleaning area and restrooms shall
be light colored.
13.04 The premises shall be constructed and maintained in a state of good repair at all
times to prevent insect and rodent infestation.
13.05 The establishment shall be well ventilated and be provided with an artificial light
source equivalent to at least twenty (20) foot-candles.
13.06 At least fifty (50) foot-candles of artificial light shall be provided at the level
where the tattoo, permanent cosmetics or body piercing procedure is being
performed.
13.07 All surfaces, including but not limited to, counters, tables, equipment, chairs,
recliners, shelving, cabinets in the service areas and cleaning room shall be made
of smooth, non-"absorbent and non-porous materials to allow for easy cleaning.
13.08 Hand sinks with hot and cold running water operated by wrist or knee action shall .
be located in each work area. Hand sinks shall be supplied with liquid soap and
single-use paper towels from sanitary dispensers. If there are tWo or more work
stations within a room, all may share the hand sink. A work station in a separate
room shall include a hand sink.
13 .09 The cleaning room or area shall have a separate sink reserved for instrument clean
up activities only.
13.10 There shall be access to a telephone in order to make paramedical services
available in case of need, i.e., access to 911.
13 .11 No permit shall be issued to a moveable place of business. Only fixed places of
business shall be eligible to receive a permit under this Ordinance.
SECTION 14 HOUSEKEEPING STANDARDS
All tattoo, permanent cosmetic, or body piercing facilities shall meet the following criteria:
14.01 All areas shall be kept neat, clean and in good repair.
14.02 All surfaces and equipment (chairs, work stations, counters, client recliners or
chairs, dispensers) in the procedure area shall be made of smooth, non-absorbent
and non-porous materials that can withstand repeated disinfection.
14.03 An Environmental Protection Agency (EPA) registered hard surface disinfectant .
product (iodophor, chlorine, phenolic, or alcohol containing germicide used
according to manufacturer's instructions, or a 1 :100 dilution of household bleach
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and water (two (2)tablespoons of bleach in one (1) quart of water) shall be used
after cleaning to disinfect any surface contaminated with blood or body fluids.
14.04 All facilities shall have the waiting area separated from the workstations and the
cleaning room or area. A public restroom shall be available to clients during all
business hours.
14.05 Tattooing, permanent cosmetic or body piercing activities shall be separated from
nail and hair activities by a solid barrier in such a manner as to prevent contact
with irritants including but not limited to hair spray and nail dust.
14.06 The cleaning room or area shall be set up in a manner to provide distinct, separate
areas for cleaning equipment, and for the handling and storage of sterilized
equipment. The cleaning area.sink cannot be .used asajanitorial sink.
14.07 Large capacity ultrasonic cleaning units shall be clearly labeled biohazardous and
placed away from the sterilizer and workstations. All ultrasonic cleaners shall be
used, cleaned and maintained according to manufacturer's specifications.
14.08 Adequate foot-operated receptacles shall be provided in each workstation for
disposal of trash and debris.
14.09 Each work station shall have a WCPH-approved sharps container that is rigid,
puncture proof, leakproof and color for disposal of sharp objects that come into
contact with blood or body fluids.
14.10 The procedure area and client chair/table must be wiped down with an EP A
registered disinfectant or germicide using a single-use paper towel before and
after serving each client.
14.11 Immediately before the procedure, the procedure area must be wiped down with
an EP A registered hard. surface disinfectant Product (iodophor, chlorine, phenolic,
or alcohol containing germicide used according to manufacturer's instructions, or
a 1: 100 dilution of household bleach and water (two (2) tablespoons of bleach in
one (1) quart of water) using a single-use wipe.
14.12 All germicides and disinfectants must be used according to manufacturer's
recommendations.
14.13 All chemicals shall be properly labeled and stored.
14.14 Pets or other animals shall not be permitted in the facility. Trained guide or
assistance animals for the disabled and fish in aquariums in the waiting area are
exempted.
.
SECTION 15 EXPOSURE CONTROL PLAN
15.01 The owner of every tattoo, permanent cosmetics, and body piercing facility shall
establish a written Exposure Control Plan applying to all those who perform
tattooing, application of permanent cosmetics, or body piercing within a facility,
describing how the applicable requirements ofthis standard will be implemented.
15.02 The Exposure Control Plan shall contain at least the following elements:
.
The method of implementation for each of the following applicable sections of
this Ordinance.
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Clients, Facility Requirements, Housekeeping Standards, Approved Sterilization .
Equipment and Monitoring Methods, Instrument Sterilization and Set-Up,
Contaminated Wastes, Tattooing, Permanent Cosmetics, and Body Piercing.
15.03 Exposure Control Training Requirements
A. All persons registered with the WCPH to perform tattooing, application of
permanent cosmetics, ot body pierCing must receive exposure control training.
B. Training shall be completed within one year oithe effective date of this
Ordinance and :must be updated at least every three (3) years thereafter.
Additional training must be completed when changes such as modification of
procedures or institution of new procedures affect the practitioner's or client's
exposure. The additional training may be limited to addressing the new exposures
created.
15.04 Approved Sterilization Equipment and Monitoring Methods
Instruments used in tattoo, permanent cosmetics, and body piercing shall be
properly cleaned and packaged in sterilizer bags with a color change indicator and
then sterilized in a sterilizer that meets the Jollowing requirements:
A. Is sold as sterilizing equipment for medical instruments.
B. Has been approved by WCPH.
C. Is used;deaned and maintained to manufacturer's specifications. .
D. Is tested at leastnlonthly (unless otherwise specified by manufacturer) by
using a commercial biological monitoring (spore) system to assure that all
microorganisms, including spores, have been destroyed. Biological indicator test
results must be available for inspection at all times.
15.05 Instrument Sterilization and Set-Up
A. Contaminated non-disposable equipment including, but not limited to,
needles, needle bars,. needle tubes, needle caps, body piercing tubes or other
instruments that are contaminated shall be immersed in liquid in the. cleaning area
or room until cleaned and sterilized.
B. Before being sterilized, all instruments shall be thoroughly cleaned in an
ultrasonic cleaner following manufacturer's instructions.
C. After cleaning, non-disposable instruments shall be packaged into procedure
set-ups with color change indicators or packaged individually in peel-packs with
color change indicators. All packages shall be dated arid initialed by the preparer.
If a sterilized package has beeh breached or allowed to get wet, the instrument( s)
shall be re-packaged and re-sterilizedbefore use.
D. After sterilization, the instruments shall be stored in a dry, clean cabinet or
other tightly covered container reserved for storage of sterile instruments.
E. A record of sterilization procedures should be maintained.
F. Wearing neW clean disposable examination gloves, the tattooist, permanent .
cosmetics technician, or body piercer shall use proper technique to assemble,
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without contamination, all instruments anci supplies to be used in the procedure.
All sterilized instruments shall remain in sterile packages until opened in front of
the client. If a glove is pierced, tom or contaminated by contact with any non-
clean surface, both gloves must be properly removed and discarded. The gloves
shall be discarded after the completion of each procedure on an individual client,
and hands shall be washed prior to donning the next pair of gloves. Under no
circumstances shall a single pair of gloves be used on more thanone person. The
use of disposable examination gloves does not preclude or substitute for hand
washing procedures as a part of a good personal hygiene program.
15.06 Contaminated Wastes
Disposal of contaminated wastes generated by a tattoo, permanent cosmetics or body
piercing facility must be by contract with a medical waste hauler.
SECTION 16 TATTOOING
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16.01 Before the procedure is started, the tattooist shall discuss all the topics on the
WCPH-approved information form and the consent fOrmfor application ofa
tattoo. The client shall fill out and sign tb,e forms. One copy of each form shall
be retained by the shop; the other copy shall be givel1 to the client. The tattooist
must also explain all aftercare instructions and h~vethe client initial the box on
the consent form to indicate that he or she has received written aftercare
instructions.
16.02 The tattooist shall not smoke, eat or drink at the workstation or cleaning room
during or between procedures.
16.03 The tattooist shall thoroughly wash hands and forearms with soap and warm water
before and after serving each client, to prevent cross contamination and/or
transmission of body fluids, infections or exposure to service related chemicals or
wastes. Following thorough washing, hands shall be dried using clean, single-use
paper towels.
16.04 The tattooist shall wear new clean disposable examination gloves for every client
during the procedure. If a glove is pierced, tom or contaminated by coming into
contact with any other person or non-clean surface, both gloves must be properly
removed and discarded. Gloves shall be discarded after the completion of each
procedure on an individual client, and hands shall be washed prior to donning a
new pair of disposable examination gloves. Under no circumstances shall a single
pair of gloves be used on more than one person. The. use of disposable
examination gloves does not preclude or substitute for hand washing procedures
as part of a good personal hygiene program.
16.05 The tattooist shall use freshly laundered linens or new disposable drapes, lap
cloths, or aprons for each client. All drapes, lap clothes, aprons and linens shall
be stored in a closed cabinet or container. Used disposaple items shall be placed
into a closed container that is lined with a plastic bag for disposal at the end of the
day. Used linens shall be placed into a laundry hamper lined with a plastic bag.
.
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16.06
16.07
16.08
16.09
16.10
16.11
16.12
16.13
16.14
16.15
16.16
16.17
16.18
16.19
16.20
16.21
All substances used in the procedures shall be dispensed from containers in a
manner to prevent contamination of the unused portion.
When a work station rinse cup is used alone or in an ultrasonic cleaner, the cup
and solution must be changed after each client.
If spray bottles are used to dispense liquids, the liquid shall be sprayed onto a
single-use wipe rather than directly onto the client.
Single-use ointment tubes, applicators and supplies shall be discarded after the
tattoo procedure.
All pre-sterilized instruments to be used in the tattooing procedure shall be
opened in front of the client.
The use of hectographic or single-service tissue stencils shall be required for
applying a tattoo outline to the skin. The use of acetate or other multi-use stencils
is prohibited.
When the design is drawn free hand, non-toxic markers or other devices shall be
used.
Individual portions of inks, dyes or pigments in single-use containers shall be used
for each client. Any remaining unused dye or pigment shall be discarded
immediately following the tattoo procedure.
If inks, dyes orpigments ate prepared by the tattooist, only non-toxic, non.
contaminated materials shall be used.
Excess ink, dye elr pigment applied to the skin during tattooing shall be removed
with a clean single-use paperproduct. . .... . . .... .. .
Immediately, before the procedure is begun, the procedure area shall be wiped
down with an EP A registered germicide or disinfectant or a solution of two (2)
tablespoons of bleach in one (1) quart of water and the procedure atea covered
with an uncontaminated paper towel or tray cover. All instruments and supplies
needed for the procedure shall then be arranged on the paper.
Before placing the design on the skin, the tattooist shall cleaIl any area other than
the face with germicidal soap, and if necessary, shave off any hair with a new
disposable, single-use safety razor, then apply the stencil. The area shall be
cleaned during and after the procedure with an antimicrobial soap that has been
applied with a single-use wipe. Following shaving, the skin and surrounding area
shall be washed with an antimicrobial soap and water or an EP A-approved
antiseptic solution applied With a clean, single-use wipe.
The stencil shall be applied with the antimicrobial soap or some other approved
product dispensed from a container in a manner that does not contaminate the
unused portion.
If, while performing a tattoo procedure, the technician's glove is pierced, tom, or
otherwise contaminated, the contaminated gloves shall be immediately discarded
and the hands washed thoroughly before a fresh pair of gloves are applied. Any
item or instrument which is contaminated during the procedure shall be discarded
and replaced immediately with a new disposable item or a new sterilized
instrument or item before the procedure resumes.
The tattooed area shall then be covered with clean gauze that is held in place with
a suitable skin tape.
Upon completion of the procedure, aftercare instructiol1s shall be reviewed with
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the client. Aftercare shall consist of both verbal and written instructions
concerning proper .care of the tattooed skin. Instructions shall specify:
A. Responsibilities and care following the tattoo procedure.
B. Possible side effects.
C. Restrictions.
D. Signs and symptoms of an infection.
E. Instructions to call a physician if infection occurs.
SECTION 17 PERMANENT COSMETICS
.
17.01 Before the procedure is started, the permanent cosmetics teclmician shall discuss
all topics on the WCPH-approved client information form and the consent form
for application of a permanent cosmetic procedure. The client shall fill out and
sign the forms. One copy of each formshall be retained by the shop; the other
copy shall be given to the client. The permanent cosmetic.s teclmician must also
discuss. all aftercare instructions and have the client initial the box on the consent
form to indicate that he or she has received written aftercare instructions.
17.02 The permanent cosmetics technician shall not smoke, eat or drink at the work
station or cleaning room during or between procedures.
17.03 The permanent cosmetics technician shall thoroughly wash hands and forearms
with soap anci Wann water before and. after serving each client, to prevent cross
contamination and/or transmission of body fluids, infection or exposure to service
related chemicals or wastes. Following thorough washing, hands shall be dried
using clean, single use paper towels.
17.04 The permanent cosmetics teclmician shall wear new clean disposable examination
gloves for every client during the procedure. If a glove is pierced, tom or
contaminated by coming into contact with any other person or non.,.clean surface,
both gloves must be properly removed and discarded. Gloves shall be discarded
after the completion of each procedure on an individual client, and hands shall be
washed prior to donning a new pair of disposable examination gloves. Under no
circumstances shall a single pair of gloves be used on more than one person. The
use of disposable examination gloves does not preclude or substitute for hand
washing procedures as part of agood personal hygiene program,
17.05 The permanent cosmetics technician shall use freshly laundered linens or new
disposable drapes, lap cloths, or aprons for each client. All drapes, lap clothes,
aprons and linens shall be stored in a closed cabinet or container. Used disposable
items shall be placed into a closed container that is lined with a plastic bag for
disposal at the end of the day. Used linens shall be placed into a laundry hamper
lined with aplastic bag.
17.06 All substances, including but not limited to pigments and dyes, used in the
procedures shall be dispensed from containers in a manner to prevent
contamination of the unused portion.
17.07 If spray bottles are used to dispense liquids, the liquid shall be sprayed onto a
single-use wipe rather than directly onto the client.
17.08 lfthe permanent cosmetic technician uses only purchased, pre-sterilized
.
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individually packaged, single-use, needles, needle chambers, machine tips,
machine casings, ahd combo couplers, then an ultrasonic cleaner and a hospital .
grade sterilizer shall not be required. If any non-disposable components of a
manual devise, rotary pen, or traditional coil machine are re-used, they must be
cleaned in an ultrasonic cleaner and sterilized in a hospital grade sterilizer
following the manufacturer's instruction. Liquid sterilants shall not be used for
sterilizing any re-usable instruments or components.
17.09 If a manual device is used, it shall be single use and disposable. The device shall
be sterilized before use, and discarded in a sharps container at the end of the
procedure.
17.10 The use of some rotary pens (also called cosmetic machines) is permitted. Any
rotary pen that uses a sponge atthe opening of chamber to stop the pigment or
body fluids frOl11 getting into the machineor designed in a manner that doesn't
allow it to be properly cleaned arid sterilized shall not be permitted.
17.11 Only rotary pens that have detachable, disposable, sterile combo couplers and
detachable, disposable or autoclavable casings that can be cleaned and sterilized
caribe used. Pre~sterilized needles shall be used in all procedures.
17.12 The use of any traditional coil machine shall be permitted providing the
permanent cosmetic techniciah has a shop with an ultrasonic cleaner and hospital
grade sterilizer to clean and sterilize the needles and needle bars, and the needle
tubes.
17.13 Disposable sterile machine tips, combo couplers, needles, needle chambers, and
casings shall riot be re-used. .~
17.14 Fresh pigment and disposable pigment containers shall be used for each client.
Used pigment and pigment containers shall be discarded after each client.
17.15 lminediate1y, before the procedure is begun, the procedure areashall be wiped
doWn: with an EP A registered germicide or disinfectant or a solution of two (2)
tablespoons of bleach in one (1) quart of water and the procedure area covered
with an uricontaminated paper towel or tray cover. All instruments and supplies
needed for the procedure shall then be arranged on the paper.
17.16 Before application ofpermahent cosmetics, where feasible, the il11111ediate and
surrouriding area of the skin where the cosl11etics are to be applied shall be washed
with an antimicrobial soap and Water or an EPA-approved antiseptic solution
applied with a clean, single-use wipe. If shaving is necessary', a new single-use
disposable razor shall be used and discarded after each use. Following shaving,
the skin and surrounding area shall be washed with an antimicrobial soap and
water or an EP A-approved antiseptic solution applied with a clean, single-use
WIpe.
17.17 If, while performing a permanent cosmetics procedure, the technician's glove is
pierced, torn, or otherwise contaminated, the contaminated gloves shall be
immediately discarded and the hands washed thoroughly befOre a fresh pair of
gloves are applied. Any item or instrurrient which is contatrlinatedduring the
procedure shall be discarded and replaced il11111ediately with a new disposable
itel11 or a new sterilized instrument or item before the procedure resumes.e17.18 All disposable iteinssuch as cotton balls, Q-tips,tissue, water cups, new or used .
that have come into contact with the procedure table/chair, or work area shall be
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discarded into a closed container lined with a plastic bag and removed at the end
of the day.
17.19 After the procedure II thin coat of antibiotic cream or sterile petroleum jelly may
be applied using a fresh Q-tip, cotton ball or sterile applicator.
17.20 Upon completion of the procedure, aftercare instructions shall be reviewed with
the client. Aftercare.shall consist of both verbal and written instructions
concerning proper care of the skin. Instructions. shall specify:
A. Responsibilities and care following a permanent cosmetic procedure.
B. Possible side effects.
C. Restrictions.
D. Signs and symptoms of an infection.
E. Instructions to call a physician if infection occurs.
SECTION 18 BODY PIERCING
.
18.01 Before beginning any body piercing procedure, the body piercer shall discuss the
risks and responsibilities required in the particular piercing with the client. The
client shall fill out and sign a WCPH-approved information form and a consent
fOnn for body piercing. One copy of each form shall be retained by the facility,
and the other copy shall be given to the client. The body piercer must also explain
all aftercare instructions and have the client initial the box on the consent form to
indicate that he or she has received written aftercare instructions.
18.02 The body piercershall not smoke, eat or drinkatthe work station or cleaning
room during or between procedures. The client may consume a pre-packaged
beverage or candy.
18.03 The body piercer shall thoroughly wash hands and forearms with soap and warm
water before and after serving each client, to prevent cross contamination and/or
transmission of body fluids, infection or exposure to service related chemicals or
wastes. Following thorough washing, hands shall be dried using clean, single-use
paper towels.
18.04 The body piercer shall wear new clean disposable examination gloves for every
client during the procedure. If a glove is pierced, tom or contaminated by coming
into contact with any other person or non-clean surface, both gloves must be
properly removed and discarded. Gloves shall be discarded after the completion
of each procedure on an individual client, and hands shall be washed prior to
donning a new pair of disposable examination gloves. Under no circumstances
shall a single pair of gloves be used on more than one person. The use of
disposable examination gloves does not preclude or substitute for hand washing
procedures as part of a good personal hygiene program.
18.05 The body piercer shall use freshly laundered linens or new disposable dental bibs
or drapes for each client. All drapes, dental bibs, and linens shall be stored in a
closed cabinet or container. Used disposable items shall be placed into a closed
container that is lined with a plastic bag for disposal at the end of the day. Used
linens shall be placed into a laundry hamper lined with a plastic bag.
18.06 All body piercing needles shall be single use, sterilized disposable piercing
.
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needles slightly larger or of the same gauge as the jewelry or ornaments to be .
inserted, and disposed of immediately after use in a sharps container.
18.07 All instruments, as defined in Section 5.14, shall be properly cleaned and
sterilized in bags with color indicator strips. Each bag shall be dated and initialed
by the person preparing the instruments.
18.08 All forceps, hemostats, tubes, etc. shall be properly cleaned and sterilized in
individual bags using a Department approved sterilizer.
18.09 All non-sterilizable implements such as calipers shall be nonporous and
disinfected after each use with an appropriate disinfectant.
18.10 Only pre-sterilized jewelry or ornaments in new or good condition shall be used
for piercing. Ear studs or other jewelry designed for ears shall not be used in
other parts of the body.
18.11 Only jewelry made of implant grade, ASTM F138 and ISO 5832-1 implant grade
stainless steel, solid l4K through 24K gold, niobium, titanium, platinum or other
materials found in the future to be equally bio-compatible; shall be used in newly
pierced skin.
18.12 Immediately, before the procedure isbegun, the procedure area shall be wiped
down with an EPA registered germicide or disinfectant or a solution of two (2)
tablespoons of bleach in one (1) quart of water and the procedure area covered
With an uncontaminated paper towel or tray cover. All instruments and supplies
needed for the procedure shall then be arranged on the paper.
18.13 Individuals shall perform bodypiercing services only on normal, healthy skin
surfaces. No procedures shall be done on scar tissue. .
18.14 The individual performing the procedureshall use povidone-iodine to thoroughly
clean the area of skin to be pierced; or in the case of an iodine..sensitive patron,
an antibacterial soap shall be used with a single gauze square, or individual
cottonball or square. The area shall then be rinsed With a solution such as
benzalkonium chloride. While seventy percent isopropyl alcohol may be used to
swab the areato be pierced prior to cleaning, it shall not beused as a cleaning
agent. In the case of oral piercings, the operator sha.ll provide a patron with
antibacterial mouthwash in a single use cup and shall ensure that the patron
utilizes the mouthwash provided. Inthe case oflip, labret, or cheek piercing,
procedures described in this paragraph for both skin and oral piercings shall be
followed.
18.15 If, while performing a body piercing procedure, the technician's glove is pierced,
tom, or otherwise contaminated, the contaminated gloves shall be immediately
discarded and the hands washed thoroughly before a fresh pair of gloves are
applied. Any item or instrument which is contaminated during the procedure shall
be discarded and replaced immediately with a new disposable item or a new
sterilized instrument or item before the procedure resumes.
18.16 Upon completion of the piercing, the body piercer shall review verbal and printed
instructions to the client on the care of the body opening created by the piercing to
minimize the likelihood of infection. Aftercare instructions shall specify:
A. Care specific to the site of the piercing.
B. InforIIlation regarding tightness to prevent accidental ingestion or imbedding .
of certain jewelry if appropriate.
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body piercing shop is not in compliance with the requirements of this Ordinance..
a written notice to comply shall be issued to the permit holder and/or registrant.
B. If there is a failure to comply, the Enforcement Officer shall issue to the
license holder and/or the registrant, a notice of violations and inform him/her of
the right to a hearing.
C. A written request for a hearing shall be made by the license holder or
registrant within fifteen (15) calendar days after receipt of the notice. A failure to
request a hearing within fifteen (15) calendar days after receipt of the notice shall
be deemed a waiver of the right to a hearing.
20.02 Hearing
The hearing shall be held by the County Board within 15 calendar days of the
receipt of a request for a hearing. Upon written request of the license holder, the
County Board may postpone any hearing date.
20.03 Duration
A Any permit may be suspended or revoked by the Enforcement Officer for a
violation of this Ordinance.
B. Any tattoo, permanent cosmetic, or body piercing shop for which the permit
has been suspended shall close and remain closed until the permit has been
reinstated by the County Board.
C. Any person whose registration has been suspended or revoked shall refrain
from performing any tattoo, permanent cosmetic, or body piercing services until
their registration has been reinstated or reissued by the. County Board.
D. Any shop for which the permit has been revoked shall close and remain closed
until a new permit has been issued.
20.04 Temporary Suspension as a Result ofImminent Public Health Threat
A Imminent danger to the public health and safety means any condition, based
upon inspection findings or other evidence, that can cause infection, disease
transmission, or hazardous conditions, including but not limited to, improper
sterilization procedures, cross contamination of inks, dyes, instruments and
implements with blood or body fluids, or improper sanitation that can cause
disease transmission.
B. If any imminent threat to the public health or safety is found, unless the threat
is immediately corrected, the Enforcement Officer may temporarily suspend the
permit and order the tattoo, permanent cosmetics or body piercing shop
immediately closed.
C. Whenever a permit or registration is suspended as a result of any imminent
danger to the public health or safety, the Enforcement Officershall issue to the
permit holder or registrant, a notice setting forth the acts or omissions with which
the person is charged, specifying the pertinent Ordinance section, and informing
the permit holder of the right to a hearing.
D. At any time within 15 calendar days after the service of a notice pursuant to
subdivision C the permit holder or registrant may request in writing a hearing
before the County Board to show cause why the suspension is not warranted. The
hearing shall be held within 15 calendar days of receipt of the request for a
hearing. A failure to request a hearing within 15 calendar days shall be deemed a
waiver of the right to a hearing.
.
.
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C. Restrictions.
D. Signs and symptoms of an infection.
E. Instructions to call a physician if infection occurs.
.
SECTION 19 ENFORCEMENT AND VIOLATIONS
19.01 Impoundment of Equipment, Instruments, Pigments.
A. Any ready-to-use dye, ink, instrument, implement or found to be, or suspected
of being toxic, unsanitary or contaminated, shall be impounded or discarded.
B. Such impounded materials shall have an impound notice attached that can be
removed only by the Enforcement Officer.
C. No dyes, inks, instrument, implement or equipment shall be used unless the
impoundment has been released.
D. Within thirty (30) days, Wright County Public Health shall commence
proceedings to release the impounded materials or to seek administrative
or legal remedy for its disposition.
19.02 Violations; Punishment
Any person who violates any provision of this Ordinance is guilty of a
I1;1isdemeanor. Each offense shall be punished by a fine of up to $1,000.. by
imprisonment in the county jail for a term not to exceed 90 days, or by both fine
and imprisonment.
19.03 Violations By Employees; Separate Offense
A. The owner, manager, or operator of any tattoo, permanent cosmetic, or body .
piercing shop is responsible for any violation by an employee of any provision of
these standards.
B. Each day the violation occurs shall be a separate and distinct offense.
19.04 Violations in Shared Shops
A violation of any provision of these standards relating to establishments held in
common or shared by more than one tattoo, permanent cosmetic, or body piercing
shop shall be deemed in violation for which the owner, manager, or operator of
each shop is responsible.
19.05 Injunctive Relief and Other Remedies
In the event of a violation of this Ordinance, Wright County Public health may
request that the County Attorney institute appropriate actions or proceedings,
including the seeking of injunctive relief, to prevent, restrain, correct or abate such
violations. All costs incurred for such enforcement actions may be recovered by
the County in a civil action in any court of competent jurisdiction. These
remedies may be imposed upon the owner or permit holder in addition to or
separate from other enforcement actions.
SECTION 20 LICENSE SUSPENSION, REVOCATION, REINSTATEMENT
20.01 Notice To Comply
A. Whenever the Enforcement Officer finds that a tattoo, permanent cosmetics or
.
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SECTION 21 OSHA
Where tattooing, application of permanent cosmetics, or body piercing involves an employer-
employee relationship, the OSHA Bloodbome Pathogens Standard, General Industry Safety
Orders apply. Nothing in this Ordinance is intended to conflict with or preclude the application
of or compliance with that standard.
SECTION 22 SEVERABILITY
In the event any particular clause or section of this Ordinance should be declared invalid or
unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in
full force and effect. Toward that end, the provisions ofthese standards are declared to be
severable.
SECTION 23 EFFECTIVE DATE
This ordinance shall be in full force and effect on July 1,2002.
Passed and approved by the Wright County Board of Commissioners this 14th day of May, 2002.
Od.- ~~-/
By:j6hn Russek
Chairperson, County Board
J4JjJ.~.
Atte t: Richard W. Norman
County Coordinator
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Council Agenda - 9/9/02
9.
Consideration of selection of legal counsel. (R W)
A. REFERENC~= AND BACKGROUND:
A few weeks ago, the City Council conducted a brief interview session with three law lirms who
expressed interest in serving as legal counsel fi)f the City of Monticello. The lirms included Kennedy
& Graven, Flaherty & Hood, and Campbell Knutson, all from the Twin City area. It is the staffs
understanding from that workshop session that the City Council felt all of the firms would be capable
of providing legal services for the City but wanted staff to check on references provided and possibly
make a recommendation for Counei I consideration. That is the purpose of this agenda item tonight.
As you may know, Dennis Dalen, who has served as our city attorney for a number of years, has left
the law linn of Olson, Weingarden & Usset to start his own law office. This has provided the
Council with the opportunity to consider law lirms, in addition to Dennis Dalen.
My recollection from the workshop was that with Kennedy & Graven already serving as counsel for
the lIRA, the Council was interested in the proposals from either Campbell Knutson, who would have
Mr. Matt Brokl as the primary representative to be the City Attorney or Flaherty & Hood, who
would utilize Mr. Chris Ilood as the primary contact. As you may recall. Campbell Knutson is legal
counsel for a nwnher of municipalities, including the City of Big Lake. Campbell Knutson also
provides services to Lakevillc, Plymouth, Roseville, St. Louis Park, Falcon Heights and a number of
other cities throughout the metropolitan area. It appears that they have excellent background in basic
municipal law, as that is their primary li)Cus of the finn.
Flaherty & Hood, represented by Mr. Tim Flaherty and Chris Hood are more known for their
lobbying expertise and are utilized by the Coalition of Utility Cities as our lobbyist. Mr. Hood is also
well known throughout the state as having extensive experience in annexation law and environmental
issues regarding wastewater permitting. The law firm's experience in being city attorneys fl.lr other
municipalities is somewhat limited, although are they are interested in expanding in this area.
City stair would feel comfortable with utilizing either Campbell Knutson or Flaherty & Hood but can
see benefits in general municipal background that Matt Brokl and Campbell Knutson could provide to
the City. It is the stairs recommendation that an agreement be negotiated with Campbell Knutson
and specifically Matt Brokl for the general city attorney issues, but we also use the services of Mr.
Chris Hood of Flaherty & Hood for issues that we may encounter in the future regarding annexation
issues and/or wastewater permitting issues. This \vould allow the City to utilize the talents of both
finns when necessary but would focus on general municipal issues with the primary attorney,
Campbell Knutson.
B. ALTERNATIVE ACTIONS:
1.
If the Council concurs with the stalTreeommendation, authorization could be given to appoint
.
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Council Agenda - 9/9/02
Mr. Matt Brokl or Campbell Knutson as the new city attorney with the understanding that the
City would also utilize the services of Mr. Chris I lood of Flaherty & Hood for specialized
issues relating to annexation or other special legal issues determined by staff.
2.
Council could select Mr. Chris I lood as primary city attorney from the finn of Flaherty &
I load.
..,
-, .
Council could continue with the services of Dennis Dalen.
C. STAFF RECOMMENDATION:
Stafr basically feels comfortable with either Chris Hood or Matt Brokl as the city attorney and feels
either firm could provide adequate service for the City. The recommendation of staff is to appoint
Mr. Matt Brokl of Campbell Knutson as the city attorney because of their general municipal
background. The appointment can be on a trial basis, and as always up to the discretion of the
Council to make changes whenever it desires. I think this will be a win-win f()r both the City and each
oCthe law finns by allowing the City to utilize the services of specialists when necessary.
D.
SUPPORTING DATA:
None. (RFP's previously provided)
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