City Council Agenda Packet 08-24-2015
AGENDA
REGULAR MEETING – MONTICELLO CITY COUNCIL
Monday, August 24, 2015 – 6:30 p.m.
Mississippi Room, Monticello Community Center
Mayor: Brian Stumpf
Council Members: Charlotte Gabler, Lloyd Hilgart, Tom Perrault and Glen Posusta
1. General Business
A. Call to Order & Pledge of Allegiance
B. Approval of Meeting Minutes
Special Meeting Minutes from August 10, 2015
Regular Meeting Minutes from August 10, 2015
C. Consideration of Adding Items to the Agenda
D. Citizen Comments
E. Public Service Announcements
Blazin Thru Bertram Phillip LaVallee Memorial Run/Walk
Open House on BCOL Athletic Park Plan – Sept. 17, 2015, 6-8 PM
F. Council Liaison Updates
Personnel Committee (BS, CG)
FiberNet Monticello Advisory Board (BS, CG)
EDA (LH, TP)
Monticello Community Center Advisory Board (BS)
Fire Relief (BS)
G. Department Updates
Workshop/Special Meeting Review (Stumpf)
Monti-Shuttle (Joel Kounkel)
Moosefest Follow-Up (MAML Hockey)
City Administrator (O’Neill)
2. Consent Agenda
A. Consideration of approving the payment of bills (WO)
B. Consideration of approving new hires/departures (TE)
SPECIAL MEETINGS/WORKSHOPS
4:30 p.m. Budget Workshop
5:30 p.m. 2015 G.O. Bond, Series B - $2,605,000
Improvement/Street Reconstruction Bonds
5:45 p.m. EDA/HRA Budget and Levy
C. Consideration of approving the sale/disposal of surplus city property (WO)
D. Consideration of approving a Special Event Permit for use of City resources on
Saturday, September 27, 2015. Applicant: Monticello Paws for Parks Committee
(AS)
E. Consideration of adopting Ordinance No. 619 for Amendment to the Monticello
Zoning Ordinance Chapter 3, Section 4(F) – Single and Two-Family Residential,
Chapter 4, Section 11 – Building Materials, Chapter 5, Section 2(C) – Standards
for Residential Uses and Chapter 8, Section 4 – Definitions, for ordinance
regulating minimum residential standards in the R-2 District (AS)
F. Consideration of approving pathway microsurfacing improvements along CSAH
75/CSAH 18 (TP/SB)
G. Consideration for approval to renew contract with Jakes Excavating for
excavations and burials at Riverside Cemetery (TP)
H. Consideration of adopting Resolution 2015-063 approving an amendment to the
Development Contract for Monticello Business Center 8th Addition for Phase II of
the Monticello Crossings Project. Applicant: IRET Properties, a North Dakota
Limited Partnership (AS)
2A. Consideration of items removed from the consent agenda for discussion
3. Public Hearings
4. Regular Agenda
A. Consideration of adopting Ordinance No. 620 amending to the Monticello
Zoning Ordinance, Chapter 5, Section 1 – Use Table, Section 2 – Use-Specific
Standards and Section 3 – Accessory Use Standards and Chapter 8, Section 4 –
Definitions as related to regulations for Solar Energy Systems. Applicant: City of
Monticello (AS)
B. Consideration of adopting Resolution 2015-064 accepting bids and awarding
contract contingent on MNDOT approval and project start date of no later than
9/14/15 for the TH25/CSAH75 Improvements, City Project No. 10C009 (SB)
C. Consideration of approving a contract for video services through Yondoo (RL) –
Item will remain on agenda if report is ready and provided to you by Friday
afternoon.
5. Added Items
6. Adjournment
CityCouncilSpecialMeetingMinutes–August10,2015 Page1|
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MINUTES
SPECIALMEETING–MONTICELLOCITYCOUNCIL
Monday,August10,2015–5:00p.m.
NorthMississippiRoom,MonticelloCommunityCenter
Present:BrianStumpf,CharlotteGabler,LloydHilgart,TomPerrault,GlenPosusta
Absent:None
Others:JeffO’Neill,WayneOberg,Citydepartmentheads:AngelaSchumann,Shibani
Bisson,JohnRued,TomPawelk,TracyErgen,RachelLeonard,MattTheisen
1.CalltoOrder
MayorBrianStumpfcalledthespecialmeetingtoorderat5p.m.intheNorthMississippi
Room.
2.PurposeofMeeting:PresentationsofDepartmentBudgets
WayneObergintroducedthebudgetpresentations.Thefollowingdepartments
presented:
•AngelaSchumann–Community&EconomicDevelopmentDepartmentof
BuildingSafety&CodeEnforcement
AngelaSchumannpresentedanoverviewoftheCommunityDevelopment
Departmentwhichincludedtheintroductionofstaffandtheworkload
accomplishedsofarin2015.Sheproceededtopresentherproposedbudgetfor
2016forCommunityDevelopment(Planning&Zoning)whichhasanoverall
increaseof8%.Thisincludesbothanincreasetomiscellaneousprofessional
services(interchangeplanningandsolarordinances)andstaff-relateditems(step
increase,healthins.,etc.).
ThepresentationcontinuedtoprovideanoverviewoftheEDA.Angelaprovided
alistofEDAactivitiesandintroducedtheproposed2016budget.While
discussingthebudget,shementionedthatthereisnolong-termrecurringsource
ofrevenueoutsideofinterestincome.AnEDA/HRALevyhasbeendiscussedto
replaceallocation.TheEDA’s2016budgetdemonstratesa21%increaseover
2015.ThisisduetothefactthatadedicatedEconomicDevelopment
Professionalisincludedinthebudget.
TherewassomediscussiononTIFDistricts.CharlotteGablerquestionedthe
processofTIFDistrictsandwhathappenstoanyexcessincrement.Currentlyany
excessincrementisallocatedbackintothegeneralfund.TheEDAhasexpressed
interestthattheexcessincrementshouldbeallocatedbacktotheEDA.Thisisa
policydecision.FinanceDirectorWayneObergcommentedthattheexcess
incrementdollarsshouldcontinuetogobackintothegeneralFund.
•JohnRued–BuildingDepartment
CityCouncilSpecialMeetingMinutes–August10,2015 Page2|
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JohnRued,ChiefBuildingOfficial,presentedanoverviewoftheservices
providedbytheBuildingDepartment.HenotedthattheRadiologicalEmergency
Preparedness(REP)hasitsownseparatebudgetbutisaservicethattheyinclude.
Inreviewingthebudget,Johncommunicatedthatthebuildingdepartment
currentlyemploysapart-timeinspectorwhosepositionendsinNovember.Itis
anticipatedthatthenumberofinspectionswillincreasesignificantlybecauseof
currentmulti-familyhousingprojects.Aprioritybudgetitemforthedepartment
istofillthispart-timeInspectorpositionthroughendofthisyearandobtain
approvalforafull-timepermanentInspectorpositioninthe2016.Thishasbeen
drivenbytheIRETprojectandtheincreaseinnumberofpermits/inspections.He
alsonotedthatthereisaneedforanewinspectionvehicle.Thishasbeeninthe
departmentbudgetsince2010buthasyettobeapproved.Thecurrentvehicle
thatthiswouldreplaceisa1997vehicle.
JohnRuedtouchedontotalpermitsbyyearandvalueofconstructionforthelast
fewyears.Thenumberofbuildingpermitsisincreasing.Atthesametimerental
licensingshouldleveloffandperhapsstartdecreasing.
TherewasdiscussioninregardtohavingtheFireInspectordosomeofthe
inspections.Johncommentedthattheydoinspectsomeexistingbuildingsfor
certainfirecodeissues.However,thereisstillaneedforaninspectortodonew
constructionandplanreviewandtimeistheissue.GlenPosustacommentedthat
itwouldmakesensetohimiftheCitylookedathiringanewFireChief/Building
Inspectortoserveinbothcapacities.BrianStumpfdisagreedandnotedthatafull
timeFireChiefwouldfindhisdutiesbeingwiththatoftheFireDepartment.
Johnspoketothispositionandcommentedthatitwouldbenicetohavethis
positioncombinedbutwhetheritwouldworkornotwoulddependontheclimate
ofthecommunity.
•TomPawelk–ParksDepartment
TomPawelk,ParksSuperintendent,presentedthe2016ParkDepartmentbudget.
Hereviewedtheorganizationalstructureofthedepartmentandtheresponsibility
ofeachdivision.Tomstatedthatthedemandforserviceshasbeenincreasing
overthelastfewyearswithanincreaseinrentals,acresofparklandmaintained,
winterskatingdays,etc.
Tomisproposinga6.8%budgetincreasefrom2015.Someoftheprojects
contributingtothisincreaseinclude:ReconstructEllisonMemorial;WBmusical
playequipment;Ellisonboardingdock;OtterCreekgazeboconstruction;and
Pathways.Healsomentionedthathewouldliketoaddanotherfull-timepark
maintenanceemployeetothe2016budget.Tombrieflytouchedonthefollowing
areasoftheParkDepartment:ShadeTreeFund;BallFieldFund;CemeteryFund;
thePark/PathwayFund;andtheParkImprovementFund.ThePark/PathwayFund
includestheBCOLAthleticImprovementswhichhaveanexpensetotheCityof
approximately$200,000.
CityCouncilSpecialMeetingMinutes–August10,2015 Page3|
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Thereiscurrentlyafundraisingeffortunderwaytoraisemoneyforadogpark
whichhasanestimatedcostof$15,000.TomPerraultquestionedwhatthe
$15,000wouldinclude.TomPawelkcommentedthatthecostincludessuch
itemsasthefencing,gates,signage,waterconnection,etc.
Therewasdiscussionabouttrails(existingandproposed)andthemaintenanceof
them.GlenPosustacommentedthattheCityshouldlookatusingconcrete
insteadofasphaltwhenconstructingatrailbypass.Thereisahighercostupfront
butlessmaintenance.BrianStumpfagreedthatthisshouldbelookedinto.
ShibaniBisson,Engineer,notedthattypicallytrailsaremadeofasphaltand
sidewalksaregenerallyconcretebutthiscanbereviewed.
•DarylGilles–FireDepartment
DarylGillespresentedhisbudgetrequestfor2016.ThisisthefirstyeartheFire
Departmenthasmadeabudgetpresentation.Hegaveanoverviewofallactivities
conductedbytheFireDepartmentthisyeartodate.
TheFireDepartment2016budgetincludesarequesttoincreasepayforthepaid
on-callfirefightersof$2/hour.Darylnotedthatheresearchedsimilarsizecities
anddepartmentsandthis$2/hr.raiseiscomparable.FinanceDirectorWayne
Obergsuggestedthatduringthebudgetprocesstheincreasecouldpossiblybe
phasedinovertime.
Darylalsomentionedthereisaneedforanewgeneratoratacostof$15,000.It
issooldthatitwouldcostmoretofixthantobuyanewone.Thedepartment
alsoneedsnewtiresonaladdertruckandanexpansionoftheFireStationoftwo
additionalbays.Rightnowtheyhavemorefirevehiclesthantheyhaveparking
space.TheyarelookingatdoingaconceptstudyonaFireStationaddition.
Otheradditionalbudgetitemsincludenewhoses,aparkingpadforthefiretrailer,
maintenanceonbuildingandgaragedoors,andmaintenanceontrucks.
TherewillbeadditionaldepartmentbudgetpresentationsonAugust24,2015.
3.Adjournment
TOMPERRAULTMOVEDTOADJOURNTHESPECIALMEETINGAT6:24P.M.
LLOYDHILGARTSECONDEDTHEMOTION.MOTIONCARRIED5-0.
Recorder:JenniferSchreiber____
Approved:
Attest:________________________
CityAdministrator
CityCouncilMinutes–August10,2015 Page1|9
MINUTES
REGULARMEETING–MONTICELLOCITYCOUNCIL
Monday,August10,2015–6:30p.m.
MississippiRoom,MonticelloCommunityCenter
Present:BrianStumpf,CharlotteGabler,LloydHilgart,TomPerraultandGlenPosusta
Absent:None
1.GeneralBusiness
A.CalltoOrder&PledgeofAllegiance
MayorBrianStumpfcalledthemeetingtoorderat6:30p.m.withaquorum
present.Thepledgeofallegiancewasrecited.
B.ApprovalofMeetingMinutes
•SpecialMeetingMinutesfromJuly27,2015(budget)
TOMPERRAULTMOVEDTOAPPROVETHEJULY27,2015
SPECIALMEETINGMINUTESFORTHEBUDGETWORKSHOPAS
PRESENTED.LLOYDHILGARTSECONDEDTHEMOTION.
MOTIONCARRIED5-0.
•RegularMeetingMinutesfromJuly27,2015
LLOYDHILGARTMOVEDTOAPPROVETHEJULY27,2015
REGULARMEETINGMINUTESWITHSEVERALCORRECTIONS.
TOMPERRAULTSECONDEDTHEMOTION.MOTIONCARRIED
5-0.
C.ConsiderationofAddingItemstotheAgenda
•UseofCityWebsite–CityServicesSection(CharlotteGabler)
•CurrentEvents/Projectsaroundtown–UpdatefromAngelaSchumannat
beginningofmeeting(GlenPosusta)
•Compensation(BrianStumpf)
•DataRequests(BrianStumpf)
D.CitizenComments
•MarkPultuskercameforwardtocomment.BrianStumpfnotifiedMr.
Pultuskerthathewasnotallowedtospeakbutcouldprovidehis
commentsinwriting.
E.PublicServiceAnnouncements
•MovieinthePark(8/8)–KittyBaltosannouncedthatthemovie
scheduledforAugust8wascancelledduetotheweather.Thiswill
hopefullybebroughtbackinSeptemberorOctober.Thenextmoviewill
bePaddingtontobeplayedonAugust21atPioneerPark.Thismovieis
sponsoredbyApolloInsuranceandthegirlscoutswillbethereselling
refreshments.
CityCouncilMinutes–August10,2015 Page2|9
•BlazinThruBertramPhillipLaValleeRun–KittyBaltosannouncedthat
theeventisSeptember5andregistrationisopen.Therunis3.1miles
throughtheparkandthewalkis2.5mileswithaslightlydifferentcourse.
Shealsothankedsponsors.
•Community&EconomicDevelopmentDirectorAngelaSchumann
providedanupdateoncurrentprojectsinMonticello.Theprojects
referencedwere:XcelEnergyisconstructinganewelectricalsubstation
southoftheCity’sindustrialpark;anewMattressFire/At&tRetailCenter
(UnionCrossings)neartheintersectionofCSAH18andI94;thenew
IRETDevelopment–MonticelloCrossings-multi-familyhousing
structurethatwasapprovedbytheCityCouncillastyear;andtheformer
O’RyansandVonHansonspropertyisconvertingintoaKwikTrip
retail/gasstation(September10istheiropeningdate).
•EngineerShibaniBissonprovidedanupdateontheHighway25expansion
justsouthofSchoolBlvd.Theprojectisslatedforcompletioninearly
September.CharlotteGableraskedwhethertherewouldbeanewlight
fixtureatHighway25and7th Street.ShibaniBissonnotedthatthis
sectionwasscheduledforconstructionnextyear.TomPerrault
questionedwhethertheywerebehindschedulewiththeHighway25
project.ShibaniBissonnotedthattheprojectisbehindbyacoupleof
weeksbutisattemptingtomakeuptime.
F.CouncilLiaisonUpdates
•IEDC –BrianStumpfnotedthattherewasconversationontheboard’s
twovacanciesandtherediscussiononhowtofillthem.
•BCOL –BrianStumpfandGlenPosustaattendedalengthymeeting.
TherewererepresentativesfromWSBpresenttoconductastakeholder
interviewwiththeboardonthesubjectoftheparkandtheparksystemas
awhole.
-Theboardsecuredaneaglescouttostartaprojectrelatedtothe
amphitheaterupgradesandrepairs.
-Theboarddiscussedthe2016rentalfacilitiesandwhereanyexcess
fundingshouldbeallocated.Therewasamotionbytheboardtoallocate
thefundsbacktothecountyformaintenanceonthefacilities.
-Therewasdialogueatthemeetinginregardtoparcel12,whichisinthe
SWcornerofBCOL,whichrelatedtopossibleworkingwithalocal
farmertotilltheproperty.
-TheboarddiscussedtheAthleticComplexand,morespecifically,the
waterslide(whichtheYMCAbuilt).Itwasmentionedthatthewaterslide
willbeopentothepubliconoffhoursoftheYMCA.
-Itwasnotedthatcertaintrailswerenotconsideredwagonorstroller
friendlyandhavebeenupgraded.
•PlanningCommission–CharlotteGablercommentedthattherewasone
majoritematthePlanningCommissionmeeting.Thisitemwasinregard
totherezoningoftheGouldAdditionfromaB3toaB2.ThePlanning
Commissiondeniedthiszoningrequest.However,theytabledtheitem
CityCouncilMinutes–August10,2015 Page3|9
andcontinuedthepublichearingonatextamendmentthatwouldadd
“placesofassembly”aseithera‘conditional’or‘permitted’useunderB3.
ThiswillgotothePlanningCommissiononSeptember1,2015.
•EDA–TomPerraultannouncedthattherewillbeaspecialmeetingofthe
EDAonthelevyonWednesday,August12,2015.Healsomentionedhe
attendedtheopenhouseonthenewbridgeinClearwater.Uponattending
theopenhouse,itwasdeterminedthatthenewbridgeshouldn’thaveany
realimpactonMonticellotrafficinregardtoclosures.
G.DepartmentUpdates
•BrianStumpfnotedthattherewasabudgetworkshopoverviewbeforethe
CityCouncilmeeting.Therewaspresentationsconductedbythe
CommunityandEconomicDevelopmentDepartment,theEDA,the
BuildingDepartment,theFireDepartment,andtheParksDepartment.
•CityAdministratorJeffO’Neillprovidedanupdateonthefollowing
items:
1.IntroducedJenniferSchreiberasthenewCityClerk.
2.GaveanupdateontheDataPrivacyActanddatarequests.Henoted
thattherehasbeenprogressonsortingthroughallofthedata
requestsforemails.TheCitywillbeworkingwiththeCityAttorney
whenreviewingtheemailstomakesurethatwhatissentoutdoesn’t
includeanyprivatedata.TheCitywillalsobeconducting
departmentheadtraininginregardtotheDataPrivacypolicy.
3.HementionedthattheCityisstillintheprocessofputtingtogethera
contractwithYondooforvideoservices.
4.TherearecurrentlythreecandidatesfortheBusinessManager
Position.TheirinterviewsarescheduledforThursday,August13.
5.TheFireDepartmenthasissuedarequesttoburndownthe“pink
house.”Currentlythepropertyisonhold.TheCitywillneedtoget
thepermitidentifiedsotheCitycanidentifywhatthecostwillbe.If
itstaysintheCountytheywouldberesponsible.IftheCitywantsit
goneinaquickerfashion,andthecostisnominal,Monticellomay
wantdecidetotakeitover.BrianStumpfquestionedwhetherornot
theCitycouldassessthefeeofburningitdowntotheproperty.Jeff
O’NeillsaidprobablynotbecauseitistheCounty’sproperty.Glen
Posustaquestionedifwewouldbepayingforapermittoburn.Jeff
O’Neillresponded‘no’–butthereneedstobeaplaninplaceforthe
burn.
6.JeffnotedthatlocatesarebeinginstalledontheChelseaCorridor.
ShibaniBissonprovidedabriefoverviewandstatedthatthosearein
regardtotheXcelsubstationproject.
7.JeffexpressedkudostothecitizensonEastSidewhoreportedcar
prowls.Therehavebeensomearrestsmade.
CityCouncilMinutes–August10,2015 Page4|9
2.ConsentAgenda
TOMPERRAULTMOVEDTOAPPROVETHECONSENTAGENDAAS
PRESENTED.CHARLOTTEGABLERSECONDEDTHEMOTION.MOTION
CARRIED5-0.
A.Considerationofapprovingthepaymentofbills.Recommendation:Approved
paymentofbillsintotalamountof$322,545.98.
B.Considerationofapprovingnewhires/departures.Recommendation:Ratify
newhiresforMCCandterminationforDMV.
C.Considerationofapprovingthesale/disposalofsurpluscityproperty–(not
applicablethismeeting)NoreportthisCityCouncilcycler.
D.ConsiderationofadoptingResolution#2015-061toacceptcontributionsfrom
SchlennerWenner&CompanyandtheMonticelloTimesforsponsorshipsof
MovieintheParkandfromUptownEyecarefortheFarmer’sMarket.
Recommendation:AdoptResolution#2015-061acceptingcontributions
fromSchlennerWennerCompanyandtheMonticelloTimesfor
sponsorshipsofMovieintheParkandfromUptownEyecareforthe
Farmer’sMarket.
E.Considerationofapprovinganapplicationfora1-daytemporaryon-saleliquor
licenseforaneventtobeheldonAugust29,2015intheLegionparkinglot.
Recommendation:Approvetheapplicationfora1-daytemporaryon-sale
liquorlicenseforaneventtobeheldonAugust29,2015intheLegion
Parkinglot.
F.ConsiderationofapprovinganapplicationforanOff-Sale3.2Beer/MaltLiquor
licenseforKwikTrip#177at9855HartBoulevard.Recommendation:
ApprovetheapplicationforanOff-Sale3.2Beer/MaltLiquorlicensefor
KwikTrip#177at9855HartBoulevard.
G.Considerationofapprovinganapplicationforacharitablegamblingpermitfora
raffletobeconductedbyWrightCounty/WestMetroWhitetailsonSeptember13,
2015.Recommendation:Approveanapplicationforacharitablegambling
permitforaraffletobeconductedbyWrightCounty/WestMetroWhitetails
onSeptember13,2015.
2A.Considerationofitemsremovedfromtheconsentagendafordiscussion
None.
3.PublicHearings
None.
CityCouncilMinutes–August10,2015 Page5|9
4.RegularAgenda
A.ConsiderationofapprovingaSpecialEventPermitallowinguseofCityresources
inconjunctionwithaneventonAugust29,2015.Applicant:MonticelloLegion
Club
CommunityandEconomicDevelopmentDirectorAngelaSchumannpresented
thespecialeventpermit.Therearetwopartsoftherequest:Anexemptionfrom
thenoiseordinancetoextendafter10p.m.;andapermitforastreetright-of-way
closure.Theapplicant’srequestwasfortheeventtotakeplacefrom4-11p.m.
Citystaffrecommendsthattheeventendat10p.m.inaccordancewiththezoning
ordinanceandthatallpropertyownerswithin350ft.benotified.Staffalso
recommendsthatthestreetclosingoccurfrom2:30–10:30p.m.Itwasnoted
thattheWrightCountySheriff’sofficecanhandletheeventwithcurrenton-duty
personnel.Noadditionalstaffisneeded.
BrianStumpfrequestedanupdateontheRiverCityExtremeeventandwhether
ornottherewereanycomplaintsinregardtonoise.AngelaSchumannnotedthat
therehavebeencomplaintsonthesetypesofevents.Brianrequestedthatan
updateontheseeventsbegivenatafuturemeeting.
RoseannDuran,oneoftheeventorganizers,waspresentforcommentsand
questions.Shestatedthatshewillbesendingoutnotificationstothe
neighborhoodandthatshehasn’thadanynegativefeedbackinregardtothe
event.Shealsonotedthatthepaperworkwasincorrectandaddressshouldread
304ElmStreet.Theorganizerswouldliketostartsettingupbynoonsowould
likethestreetclosedsoonerthan2:30p.m.
TomPerraultcommentedthathethinkstheeventshouldendat10p.m.sinceitis
inaresidentialarea.
BRIANSTUMPFMOVEDAPPROVALOFALTERNATIVE1WITHTHE
AMENDMENTSOFa)THATTHEEVENTENDAT11P.M.ANDc)
CLOSUREOF3RD STREETWESTSHALLBEPERMITTEDFROM12:00PM
–11:30PM.GLENPOSUSTASECONDEDTHEMOTION.MOTION
CARRIED4-1;TOMPERRAULTVOTEDINOPPOSITION.
B.ConsiderationofauthorizingpurchaseofCalixCompasssoftwaresuitefortrial
periodofthreemonth[tabledfrom7/27/15]
BryanRabe,FiberNetTech,addressedtheCouncilonthesoftwaresuite.He
confirmedthatFiberNetcompletedatrialafewyearsagoandchosenotto
purchasetheproductfurtheratthattime.Duetothetimeandeffortneededto
installtheprogram,Calixprefersnottoofferthesoftwareatnochargeduringthis
trialperiod.BrianStumpfquestionedwhatwouldhappeniftheCitychosenotto
CityCouncilMinutes–August10,2015 Page6|9
gowiththemafterthreemonths.Willtherebeacharge?BryanRabestatedthat
thishasn’tbeenconfirmedwithCalixbuthedidn’tthinktherewouldbeacharge.
BrianStumpfquestionedwhetherthereweresufficientfundsavailableinthe
budget.FinanceDirectorWayneObergnotedthatthereisfundingavailable.
GlenPosustaquestionedwhethertheCitycouldaskMarkPultusker,whowas
withFiberNetatthetimeofthefirsttrialperiod,whytheydidn’tproceedwith
Calix.BrianStumpfnoteditwouldhavebeenadecisionmadebytheadvisory
board.CityAdministratorJeffO’Neillnotedthattheequipmentisdifferentnow,
thateventhoughitwouldn’tworkin2012-2013itmayactuallyworknow.Glen
Posustaquestionedwhatserviceswewouldbegettingfromthissystemandifit
wasjusttracking.BryanRabecommentedthattheuserswouldbeabletosee
trendsanddomorein-depthtroubleshootingoncustomercallsandissues.Glen
Posustaquestionedwhetherareportwillbeprovidedonwhatwasaccomplished
duringthistrialperiod.BryanRabeconfirmedthattherewillbeupdates.Brian
StumpfsuggestedthatmonthlyupdatesbegiventoboththeFiberNetAdvisory
BoardandtheCityCouncil.
LLOYDHILGARTMOVEDTOACCEPTALTERNATIVE1AUTHORIZING
THEPURCHASEOFCALIXCOMPASSSOFTWARESUITEFORATRIAL
PERIODOFTHREEMONTHS.CHARLOTTGABLERSECONDEDTHE
MOTION.MOTIONCARRIED5-0.
C.ConsiderationofadoptingResolution2015-062approvingaPUDadjustmentand
amendmenttodevelopmentcontractfortheSwanRiverPUD.
AngelaSchumannpresentedtheitemandprovidedanupdate.WhenthePUD
wasoriginallyapprovedthelocationofthecrosswalkwasatMapleSt.and5½
St.SwanRiverisrequestingthatthecrosswalkbemovedmidblockwhichwould
provideamoredirectaccessbetweentheirtwobuildings.Aplanning
subcommitteewascreatedtoaddressthis.Thecommitteemetthreetimesand
includedCouncilmembersTomPerraultandCharlotteGabler.Thecommittee
cameupwithalistofconditionswhichincluded:1)theexisting‘bump-in’onthe
eastsideofMapleStreetwouldneedtoberemoved;2)theDevelopershall
provideanin-streetportablecrossingmarker;3)theDevelopershallprovide
schoolcrossingguards;4)theDevelopershallprovideaflaggerattheintersection
of5½andMapletowarnnorthboundvehicles;5)theDevelopershallprovidea
coloredthermoplasticcrosswalk;and6)theDevelopershallmarkthecrosswalk
withablinkingpush-buttonsignvisibletobothdirections.Thedeveloper,or
SwanRiver,agreedtotheseconditions.
AngelaSchumanncontinuedthediscussionwithasecondconsiderationforthe
CityCouncil.Thisitemwasinregardtothepotentialestablishmentofaschool
speedzoneinthisarea.Ifthespeedzoneisdesiredaschoolspeedzoneanalysis
needstobecompleted.AccordingtoCityEngineerShibaniBisson,thistraffic
CityCouncilMinutes–August10,2015 Page7|9
countstudyisneededbytheStatefordocumentation.SwanRiverissupportive
ofthisspeedzoneanalysisandwouldcontributetoitscost.
KatieCurtis,SwanRiverRepresentative–500MapleSt.,waspresentfor
questions.BrianStumpfaskedMs.Curtisthatifthe‘bumpin’isremoved,would
dropoffs,pickups,ordeliveriesbemadeinthatlocation.KatieCurtis
commentedthatalldeliveriesaremadeatthesouthdoor(sideofbuilding)–not
offofMapleStreetandnotedthatthemidblockcrosswalkwouldnotbeusedto
dropofforpickup.Inaddition,parkingbeallowedinthisarea.
GlenPosustaquestionedwhethertherewouldbeahandicapaccessibleentry.
KatieCurtiscommendyes.GlenPosustaalsoquestionedthelocationofthe
blinkinglight.ShibaniBissonnotedthatitwouldgowherethenewmidblock
crosswalkwouldbelocated.Aftercontinueddiscussion,itwasalsodetermined
thatthecurrentcrosswalkwouldremaininitspresentlocation.
TomPerraultquestionedthetimethecrossingguardswouldbeutilized.Isit9
a.m.–3p.m.?KatieCurtisnotedthatschoolisinsessionuntil3:20p.m.soshe
wouldlikethecrossingguardstobeinplacefrom9a.m.–3:20p.m.
LloydHilgartquestionedhowmuchaspeedstudywas.Accordingtostaff,the
studyis$500.TomPerraultquestionedwhethertheCitythoughtthespeedstudy
wouldbeapproved.ShibaniBissoncommentedthatbecauseofsiteconditions,
sitefactors,andtrafficnumbers,itwouldmostlikelybeapproved.KatieCurtis,
SwanRiver,notedthatalltheseimprovementsarebeingpaidoutoftheSchool’s
buildingcompany’sfund,nottheschoolfund.
GlenPosustacommentedthathethinksthecrosswalkshouldbealittlewiderthan
similarsidewalks–liketheoneoutsideoftheCommunityCenter.Shibani
Bissonnotedthatcrosswalksaretypically8ft.wide.
(DECISION1)GLENPOSUSTAMOVEDTOACCEPTALTERNATIVE1
WITHTHEAMENDMENTTHATTHECROSSWALKBEWIDENEDTOBE
A10FT.CROSSWALK.CHARLOTTEGABLERSECONDEDTHE
MOTION.MOTIONCARRIED5-0.
TomPerraultaddedduringthemotionthatthecrosswalkshouldbemidblock.
AngelaSchumannnotedthatsuchfindingswillbeincludedintheresolution.
(DECISION2)GLENPOSUSTAMOVEDTOACCEPTALTERNATIVE1.
CHARLOTTEGABLERSECONDEDTHEMOTION.MOTIONCARRIED5-
0.
5.AddedItems
•CharlotteGablerquestionedwhetherweshouldallowotherbusinessestoliston
theCity’sUtilitieswebsitepage.Isthereapolicyofwhatcangoonthewebsite?
CityCouncilMinutes–August10,2015 Page8|9
WayneObergstatedthatwedon’tallowbusinessestopost.Whateverisonthe
utilitiespageiswherethereisonlycertainchoices?AftersomeCityCouncil
discussionitwasaconsensusthattheCityshouldnotallowotherbusinessesto
advertiseonCity’swebsite.ThecontentofthesiteisatthediscretionoftheCity
andtheCityCouncil.
•BrianStumpfcommentedonthelargenumberofdatarequeststhatCitystaffis
receiving.Hefeelsthatsomeoftherequestsareratherharassinganddemeaning.
HequestionedwhetherstaffshouldforwardtherequeststotheCityAttorneyand
iftherewouldbeanymeritininitiatingtheprocessofobtainingarestraining
order.JoelJamnik,CampbellKnutson,PA(CityAttorney),commentedthatthe
Cityisobligatedtorespondtodatarequests.GlenPosustaquestionedwhatthe
currentpolicyis.JoelJamnikcommentedthataccordingtoStatestatutethatif
therequestsareburdensome,andhaveanintenttoharass,aCitycanignorethe
request.Headdedthattherequestsarealotmoredetailedthanoriginally
thought.TheCityhasnotreachedaconclusiontodenyanycertainrequest.Both
theCitypolicyandStateStatuteallowstheCitytohaveaninterchangewiththe
requestortonarrowtherequestssotheydon’tbecomeburdensome.Lloyd
HilgartquestionedwhethertheCitywastrackingthetimespentontheserequests.
JeffO’NeillmentionedthattheCity’spolicywasadoptedaftermanyrequests
werealreadyreceived.However,goingforwardtheCitycandocumenttimeand
resourcesandcanchargeafeeonnewrequestsreceived.Oneoftherequeststhat
istakingalongtimeisprovidingemailsforthelasttwoyearsfrommultiple
sources.JeffcommentedthattheCitywantstobecarefulingivingout
informationbecausetheycouldpossiblyviolatetheDataPrivacyActifanyofthe
emailscontainprivateorconfidentialinformation.Therefore,eachoneneedsto
bereviewed.LloydHilgartquestionedhowmanyrequestshavebeencompleted
andhowmanyareoutstanding.JeffO’Neillcommentedthatwehavecompleted
about¼ofthem.Thetotalnumberwasn’treadilyavailable.
RachelLeonard,Communications/FiberNet,commentedthatthereasonitishard
totrackrequestsisbecausetheoldformcouldcontainmultiplerequests.The
newupdatedformnowrequiresfortherequestortoputonerequestperform.
Thiswillbetterhelpstafftracktherequest.CharlotteGablerquestionedwhether
theCityCouncilshouldrespondtoarequestonemail.Itwasaconsensusthatthe
CityClerkandAdministrationwouldberespondingtotherequests.
BRIAMSTUMPTMOVEDTHATTHECITYMOVEFORWARDWITH
PROCESSINGTHEDATAREQUESTSANDDECIDEWHETHERORNOT
THEREQUESTSAREBECOMINGHARASSINGANDTHENDECIDEHOW
TORESPONDORPROCEED.CHARLOTTERAGLERSECONDEDTHE
MOTION.MOTIONCARRIED4-1;GLENPOSUSTAVOTEDIN
OPPOSITION.
JeffO’Neillcommentedinregardtotheabovemotion.Hewantedclarification
thattheAdministrationwouldbringbackarecommendationforCityCouncil’s
CityCouncilMinutes–August10,2015 Page9|9
review.BrianStumpfremarkedthatitshouldgotothePersonnelCommitteeand
thenthePersonnelCommitteewouldbringtotheCityCouncil.
•BrianStumpfcommentedthathehasvisitedeverydepartmentinthelastseven
monthandtheCityemployeesworkhard.
BRIANSTUMPFMOVEDTOGIVEALLCITYSTAFFA1%WAGE
INCREASEEFFECTIVESEPTEMBER1,2015.Themotiondiedwithouta
second.GlenPosustaquestionedthetotalbudgetamountofthisincrease.He
notedthathedoesn’tthinkthatCityemployeesareunderpaid.CharlotteRagler
expressedherconcernthemotionisn’tfollowingpolicyandprocedure.She
addedthatawageincreaseshouldfirsthavewenttothePersonnelCommittee.
LloydHilgartcouldagreewithawageincrease,however,hefeelsthatitshould
beinthe2016budgetandnotimplementedSeptember1ofthisyear.Tom
Perraultagreedthatthedecisiontograntawageincreaseshouldproceedthrough
thebudgetprocess.Furtherdiscussionwilltakeplaceduringbudgetdiscussions.
6.Adjournment
Astherewasnofurtherbusiness,MayorBrianStumpfadjournedthemeetingat8:02
p.m.
Recorder:JenniferBurrowsSchreiber_____
Approved:
Attest:_________________________
CityAdministrator
CityCouncilAgenda:08/24/15
1
2A.Considerationofapprovingpaymentofbills (WO)
A.REFERENCEANDBACKGROUND:
Citystaffsubmitstheattachedbillregistersandpurchasingcardregistersforapprovalby
Council.Thebillregisterscontainallinvoicesprocessedandthepurchasingcard
registerscontainallcardpurchasesmadesincethelastCouncilmeeting.SubjecttoMN
Statutes,mostinvoicesrequireCouncilapprovalpriortoreleasingchecksforpayment.
ThedayfollowingCouncilapproval,paymentswillbereleasedunlessdirected
otherwise.AcreditpurchasingagreementandpolicywasapprovedbyCouncilinitially
andcardpurchasesmustcomplywiththepolicy.
IfCouncilhasnoquestionsorcommentsonthebillandpurchasecardregisters,thesecan
beapprovedwiththeconsentagenda.Ifrequested,thisitemcanberemovedfrom
consentanddiscussedpriortomakingamotionforapproval.
A1.BudgetImpact:None
A2.StaffWorkloadImpact:Noadditionalworkrequired
B.ALTERNATIVEACTIONS:
1.Motiontoapprovethebillandpurchasecardregistersforatotalamountof
$1,096,560,76.
2.MotiontoapprovetheregisterswithchangesdirectedbyCouncil.
C.STAFFRECOMMENDATION:
CitystaffrecommendsAlternative#1or#2,perdirectionofCouncil.
D.SUPPORTINGDATA:
Billregisters
PurchaseCardregisters
CityCouncilAgenda:08/24/15
1
2B.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments (TE)
A.REFERENCEANDBACKGROUND:
TheCouncilisaskedtoratifythehiringanddeparturesofemployeesthathaveoccurred
recentlyinthedepartmentslisted.ItisrecommendedthattheCouncilofficiallyratifythe
hiring/departureofalllistedemployeesincludingpart-timeandseasonalworkers.
A1.BudgetImpact:(positionsaregenerallyincludedinbudget)
A2.StaffWorkLoadImpact:Ifnewpositions,theremaybesometraining
involved.Ifterminatedpositions,existingstaffwouldpickupthosehours,as
needed,untilreplaced.
B.ALTERNATIVEACTIONS:
1.Motiontoratifythehire/departuresoftheemployeesasidentifiedontheattached
list.
2.Motiontodenytherecommendedhiresanddepartures.
C.RECOMMENDATION:
BystatutetheCityCouncilhastheauthoritytoapproveallhires/departures.Citystaff
recommendsAlternative#1,fortheCounciltoapprovethehiresand/ordeparturesas
listed.
D.SUPPORTINGDATA:
Listofnew/terminatedemployees
Name Title Department Hire Date Class
Emily Fenske Slide Attendant MCC 8/14/2015 PT
Emma Denzen Slide Attendant MCC 8/14/2015 PT
Chad Hadley Parks Worker Parks 8/17/2015 Seasonal
Kaylee Fyle Slide Attendant MCC 8/17/2015 PT
Name Reason Department Last Day Class
Natasha Bryant Voluntary MCC 7/31/15 PT
Gary Schmitz Voluntary MCC 8/3/15 PT
Drew Seibert Voluntary Parks 8/12/15 Seasonal
Kramer Voll Voluntary Parks 8/14/15 Seasonal
NEW EMPLOYEES
TERMINATING EMPLOYEES
New Hire and Terms City Council 2015: 8/18/2015
CityCouncilAgenda:08/24/15
1
2C.Considerationofapprovingthesaleordisposalofsurpluscityproperty (WO)
ThereisnoreportthisCityCouncilcycle.
CityCouncilAgenda:08/24/15
1
2D.ConsiderationofapprovingaSpecialEventPermitforuseofCityresourcesonSaturday,
September27th,2015;Applicant:MonticelloPawsforParksCommittee.(AS)
A.REFERENCEANDBACKGROUND:
TheCityhasreceivedaSpecialEventpermitapplicationrequestingCityassistanceforthe
WagandWalkFestival,tobeheldonSaturday,September27th,2015asafundraiserforthe
proposedMonticellodogpark.
SpecialEventpermitsarebroughttotheCityCouncilifanyCityresourcesarerequiredfor
theevent.Inthiscase,theMonticelloPawsforParksCommitteehasrequestedthattheCity
allowlocalvendorsinitsMeadowOakspark,andthattheParksDepartmentprovide
additionalpicnictables,trashreceptacles,wateringstations,androutecoordinationforthe
event.PawsforParksisasub-committeeoftheMonticelloParksCommission.
Activitiesareproposedtobeginat12:00PMwithwalkregistrationatthepark.Thewalk
routewilltakeshortandlong-courseroutesonpathwaysintheMeadowOaksarea.Afterthe
walk,otherassociatedeventactivitieswilloccurinthepark.Eventswillconcludeby4:00
PM.VendorswillbedonatingaportionoftheirproceedstothePawsforParksCommittee.
CouncilwillnotethatMeadowOakParkdoesnothaveaparkreservationfee.Theparkwill
stillbeopentothepublicduringtheevent;noexclusiveuseoftheparkforthiseventis
consideredaspartofthispermit.
AsaconditionofthepermitandinaccordancewithCityordinance,dogswillberequiredto
beleashedthroughouttheevent.
TheWrightCountySheriff’sOfficehasreviewedthepermitandindicatedthattheywill
handlethiseventwithexistingon-dutyofficers.Theanimalcontrolofficerwasalso
contactedandhasnoissueswiththepermit,althoughshewillnotbeabletoattendtheevent.
Thecommitteeanticipates50-100attendees.Parkingfortheeventshouldbedirectedtothe
existingparkinglotonOakRidgeDr.Northandtoexistingavailableon-streetlocations.No
separatecertificateofliabilitycoverageisrequestedasthisisaneventprogrammedbyaCity
committee.
A1.BudgetImpact:None.
A2.StaffWorkloadImpact:Minimalstafftimewasnecessarytoreviewtherequestand
preparethisreport.AdditionalstafftimeonthepartoftheParksDepartmentfor
continuedassistanceinsiteplanningandroutingdetailsisestimatedat4hoursis
anticipatedforthisrequest.
CityCouncilAgenda:08/24/15
2
B.ALTERNATIVEACTIONS:
1.MotiontoapprovetheSpecialEventPermitfortheWag&WalkFestivalbythe
MonticelloPawsforParksCommitteeonSeptember27th,2015includingallowance
forvendorsinMeadowOaksParkanduseofCityresourcesasdescribedinthestaff
report,subjecttothefollowingconditions:
a.AlldogsmustbeleashedthroughouttheeventinaccordancewithCity
Ordinance,Title6,Chapter2–DogsandOtherDomesticAnimals.
b.VendorsapplyforandreceivepermitsasrequiredthroughtheCityClerk’s
office.
c.ContinuedcoordinationwithParksSuperintendentandcompliancewith
therecommendationsoftheParksSuperintendentregardingtheevent.
2.MotiontodenytheSpecialEventPermitfortheMonticelloPawsforParksCommittee
onSeptember27th,2015.
C.STAFFRECOMMENDATION:
Staffrecommendsalternative1above.
D.SUPPORTINGDATA:
EventMap
Narrative
CityOrdinance,Title6,Chapter2,-Dogs&DomesticAnimals
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 1
CHAPTER 2
DOGS AND OTHER DOMESTIC ANIMALS
SECTION:
6-2-1: Definitions
6-2-2: Enforcement
6-2-3: Right of Entry
6-2-4: Records
6-2-5: Running at Large Prohibited
6-2-6: Wild or Vicious Animals Prohibited
6-2-7: Animal Control Officer; Animal Wardens
6-2-8: Interfering with Animal Wardens
6-2-9: Vaccination of Dogs Required
6-2-10: Vaccination of Cats Required
6-2-11: Impoundment of Rabies Suspects
6-2-12: Confinement of Animals with History of Biting
6-2-13: Abandonment of Animals
6-2-14: Dog License Required
6-2-15: Dog License Fee and Application
6-2-16: Unauthorized Use of Dog License Receipts, Tags of Inoculation Certificates
6-2-17: Dog Tags
6-2-18: Impounding Dogs
6-2-19: Impounding Stray Dogs
6-2-20: Disposition of Certain Diseased or Dangerous Dogs or Other Animals
6-2-21: Redemption of Dogs and Other Animals
6-2-22: Possession of Nuisance Animals
6-2-23: Dogs: Disturbing the Peace; Enforcement
6-2-24: Cleaning up Litter
6-2-25: Dangerous or Potentially Dangerous Dogs
6-2-26: Permits for Commercial Dog Kennels; Permits for Keeping More than Three Dogs
over the Age of Six Months
6-2-27: [deleted]
6-2-28: [deleted]
6-2-1: DEFINITIONS: Unless the context clearly indicates otherwise, the words,
combination of words, terms, and phrases as used in this section et seq. shall have
the meanings set forth in the following paragraphs:
(A) "Person" shall mean any individual, firm, partnership, or corporation.
(B) "Animal Warden" shall mean the person contracted with by the City Council,
designated as such by them, to perform the duties prescribed by this
ordinance as an independent contractor.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 2
(C) "Commercial Kennel" shall mean a place where more than three (3) dogs of
over six (6) months age are kept for purposes of breeding, sale, or boarding.
(D) "Citation" shall mean a notice or complaint issue by the Animal Warden to
the owner of any animal apprising said owner of one or more violations of
this ordinance.
(E) "At Large" - A dog is at large when it is off the property of the person
owning, harboring, or keeping said dog and it is not under restraint.
(F) "Veterinary Hospital" shall mean place for the treatment, hospitalization,
surgery, care, and boarding of animals or birds, which place is owned and
operated by a licensed veterinarian.
(G) "Under Restraint" - A dog is under restraint if it is on the premises of the
person harboring or keeping the dog; if it is within a private motor vehicle of
a person owning, harboring, or keeping the dog; or if it is controlled by a
leash not exceeding six (6) feet in length.
(H) "Dog Kennel" shall mean any place, building, tract of land, boat, or vehicle
wherein or whereupon dogs are kept, congregated, or confined, such dogs
having been obtained from municipalities, dog pounds, dog auction, or by
advertising for unwanted dogs, or dogs abandoned or stolen.
(I) "Owner" shall mean any person owning, keeping, harboring, or acting as
custodian of a dog or other domesticated animal.
(J) "Premises" shall mean any building, structure, shelter, or land whereon dogs
or other animals are kept or confined.
(K) "Public Nuisance Animal or Animals" shall mean any animal or animals
which:
1. If dog or dogs is/are repeatedly found at large;
2. Damages the property of anyone other than its owner;
3. Is/are vicious animal(s);
4. Causes fouling of the air by odor;
5. Causes unsanitary conditions of enclosures or surroundings;
6. By virtue of number of types of animals maintained are offensive or
dangerous to the public health, safety, or welfare;
7. Excessively makes disturbing noises;
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 3
8. Molests passer(s)by or passing vehicles;
9. Attacks other domestic animals;
(L) "Vicious Animal or Animals" shall mean any animal or animals which
constitute a physical threat to human beings or other animals by virtue of one
or more attacks of such severity as to cause property damage or physical
injury, however slight.
6-2-2: ENFORCEMENT: The provisions of this ordinance shall be enforced by the Animal
Warden and those officers designated in this ordinance. The Animal Warden may
issue citations for violations of this ordinance.
6-2-3: RIGHT OF ENTRY: The Animal Warden shall have the right to enter upon any
premises at all reasonable times for the purpose of discharging the duties imposed by
this ordinance where there is a reasonable belief that a violation of this ordinance has
been committed.
6-2-4: RECORDS: It shall be the duty of the Animal Warden to keep the following records
subject to inspection by the Council, City Administrator, or their designated agents
as set forth in the following paragraphs:
(A) Accurate and detailed records of the licensing, impoundment, and disposition
of all animals coming into custody.
(B) Accurate and detailed records of all reported bite cases and investigations for
a period of three (3) years.
(C) Accurate records of all citations issued for violations of this ordinance.
(D) Accurate and detailed records of all money collected and expended in the
operation of the functions of his office.
6-2-5: RUNNING AT LARGE PROHIBITED: No dog shall be allowed by its owner to
run at large, and every owner of a dog shall cause the same to be:
(A) Confined to the owner's property by training, fencing, or leashing, and
females in heat shall be confined in an enclosure and so kept and confined
therein during such entire period and until such dogs shall not attract other
dogs on account thereof.
(B) While in any public place as a school, playground, or a park to be on a leash,
chain, or cord of not more than six (6) feet in length and in the custody of a
person of sufficient age to adequately control the dog at all times.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 4
(C) While in all other areas such as on a public street or in an automobile, to be in
the custody of a person of sufficient age to adequately control the dog at all
times and to have and keep said dog under control.
6-2-6: WILD OR VICIOUS ANIMALS PROHIBITED: No person shall keep or allow to
be kept any place in the city an animal of a ferocious or vicious character, habit, or
disposition, or any animal which is wild by nature.
6-2-7: ANIMAL CONTROL OFFICER; ANIMAL WARDENS: The City Council may
appoint or designate an Animal Control Officer to enforce the provisions of this
ordinance and to perform such duties in connection with the enforcement thereof as
the City Administrator or the code of ordinances may direct. The City Administrator
may authorize, at such times as he or she may deem necessary, persons to be
designated as Animal Wardens and to purchase equipment for the purpose of
capturing and conveying to an animal pound all animals in violation of this code.
Such Animal Wardens shall be under the supervision of the Animal Control Officer
and the City Administrator. Such Animal Wardens are authorized to issue violation
tags and to carry and display appropriate badges or identification.
6-2-8: INTERFERING WITH ANIMAL WARDENS: No person shall in any manner
molest, hinder, or interfere with the Animal Warden employed directly or by contract
with the City to capture animals and convey them to the animal pound while such
person is engaged in such occupation. Whoever violates this section shall be guilty
of a misdemeanor.
6-2-9: VACCINATION OF DOGS REQUIRED: No person shall keep, harbor, or maintain
care, custody, or control over any dog over four (4) months of age unless said dog
has been vaccinated in accordance with the terms of this section. After three (3)
months of age and before four (4) months of age, the dog shall be first vaccinated
with an approved rabies vaccine. Within twelve (12) months after its original
vaccination, the dog shall receive a booster vaccination with an approved rabies
vaccine. Thereafter, the dog shall receive booster vaccinations every twelve (12) to
thirty-six (36) months, depending on the prescribed frequency of booster
vaccinations in the manufacturer's specifications for the vaccine previously used. All
rabies vaccinations shall be performed by or under the direct supervision of a
licensed veterinarian, and the dog owner shall obtain a certificate of vaccination.
6-2-10: VACCINATION OF CATS REQUIRED: No person shall keep, harbor, or maintain
care, custody, or control over any cat over four (4) months of age unless said cat has
been vaccinated in accordance with the terms of this section. After three (3) months
of age and before four (4) months of age, the cat shall be first vaccinated with an
approved rabies vaccine. Within twelve (12) months after its original vaccination,
the cat shall receive a booster vaccination with an approved rabies vaccine.
Thereafter, the cat shall receive booster vaccinations every twelve (12) to thirty-six
(36) months, depending on the prescribed frequency of booster vaccinations in the
manufacturer's specifications for the vaccine previously used. All rabies
vaccinations shall be performed by or under the direct supervision of a licensed
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 5
veterinarian, and the cat owner shall obtain a certificate of vaccination.
6-2-11: IMPOUNDMENT OF RABIES SUSPECTS:
(A) Any dog or cat not vaccinated in accordance with Sections 6-2-9 and 6-2-10
which has bitten any person and caused an abrasion or puncture of the skin of
such person shall be seized and impounded under the supervision of a
licensed veterinarian or at the city contract kennel facility for a period of not
less than ten (10) days. If, after a complete examination by a veterinarian the
dog or cat has no clinical sign of rabies, it may be released to the owner upon
the condition that the owner have the animal vaccinated as required by
Sections 6-2-9 and 6-2-10 and licensed as required by Section 6-2-13. In the
case of a stray, the animal shall be disposed of in accordance with applicable
laws. It shall be unlawful for any owner or person having custody or control
of any dog or cat not vaccinated in accordance and which has bitten any
person to refuse to release such dog or cat and make it immediately available
to the Animal Warden for the purpose of quarantine.
(B) Any dog or cat vaccinated in accordance which has bitten any person shall be
confined by the owner or other responsible person in such manner as the
Animal Warden may direct and for a period of not less than ten (10) days.
The Animal Warden or authorized representative shall conduct a mid-term
and terminal examination of the animal. If no signs of rabies are observed by
the Animal Warden, the domestic animal may be released from confinement.
It shall be unlawful for any owner or person in custody or control of any
vaccinated dog or cat which has bitten any person to refuse or fail to
quarantine such dog or cat as required by this subsection. The Animal
Warden or his agent shall seize any dog or cat not quarantined in accordance
with this subsection.
(C) Any other animal which has bitten any person and caused an abrasion or
puncture of the skin of such person shall be seized and impounded under the
supervision of a licensed veterinarian or at the city contract kennel facility for
a period of not less than ten (10) days. If after a complete examination by a
veterinarian the animal has no clinical signs of rabies, the animal may, with
the approval of the Animal Warden, be released to the owner. In the case of
an unclaimed animal, it shall be disposed of in accordance with applicable
laws. It shall be unlawful for any owner or person in custody or control of
any animal which has bitten any person to refuse to release such animal and
make it immediately available to the Animal Warden for the purpose of
quarantine.
(D) Any rabies suspect impounded or confined under this section which is found
to be sick or diseased shall be reported immediately in writing to the Animal
Warden by the attending veterinarian or operator of the quarantine facility.
The Animal Warden shall then take possession of such animal for the
purposes of determining if it is suffering from rabies.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 6
6-2-12: CONFINEMENT OF ANIMALS WITH HISTORY OF BITING: Every fierce,
dangerous, or vicious animal, including dogs, that has a history of biting a human or
any domestic animal, shall be confined by the owner within a building or secure,
covered enclosure. Such animal shall not be taken out of such building or secure,
covered enclosure unless muzzled and on a leash.
6-2-13: ABANDONMENT OF ANIMALS: It shall be unlawful to abandon any dog or other
animal within this city.
6-2-14: DOG LICENSE REQUIRED:
(A) No person shall own, harbor, or keep a dog over six (6) months of age within
the city unless a current license for such dog has been obtained. The license
shall be issued for a two (2) year period and shall expire on December 31 of
the last year of the license issued. A late payment charge, in the amount set
by the Council from time to time, shall be assessed for failure to apply for a
renewal license by March 1 of the year of expiration of the current license.
The City Administrator may pro-rate the amount of the license fee of one
who owns, harbors, or keeps a dog over six (6) months of age for less than a
full two-year period.
(B) The license fee for the keeping of a dog over six (6) months of age may be
waived on application by a person who shall certify that he or she is over the
age of sixty-five (65) years and has an annual income not in excess of Five
Thousand Dollars ($5,000).
6-2-15: DOG LICENSE FEE AND APPLICATION: It shall be required of each person
owning, keeping, or harboring a dog to pay a license fee to the City Administrator or
Animal Warden as imposed by this section, except as provided in Section 6-2-13
herein. The license fee for any dog shall be computed at the rate duly set by the
Council from time to time. Each application for such license shall include a
statement, signed by the person applying for the license, which certifies that the dog
has been inoculated for rabies not more than twenty-four (24) months preceding the
date of application. Upon receipt of the license fee and the signed application, the
City Administrator shall execute the receipt in triplicate, the original of which shall
be given to the person who pays the fee. The duplicate shall be given to the Animal
Warden, and the third copy shall be retained in the records of the City Administrator.
This receipt shall describe the dog as to color, breed, age, sex, and weight. Any
owner shall produce for inspection the license receipt upon the request of the Animal
Warden.
6-2-16: UNAUTHORIZED USE OF DOG LICENSE RECEIPTS, TAGS OF
INOCULATION CERTIFICATES: It shall be unlawful for any person to use for
any dog a license receipt, license tag, or a rabies inoculation certificate issued to
another person or dog.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 7
6-2-17: DOG TAGS: The City Administrator shall procure a sufficient number of metallic
tags for delivery of one such tag to the person paying the license fee. It shall be the
responsibility of the owner of the dog for which said tag was obtained to
permanently attach the tag to the collar of the dog in such manner that the tag may be
readily seen. The tag is not transferrable to any other dog or to a new owner of the
dog. If a tag is lost or stolen, the owner may obtain a new tag by surrendering the
license receipt for the first tag and by paying an additional fee as duly set by the City
Council from time to time.
6-2-18: IMPOUNDING DOGS: The Animal Warden shall seize and impound any dogs
found in the city without the tag provided for by this ordinance or dogs running at
large. To enforce this ordinance, said Animal Warden may enter upon any private
premises in pursuit of a dog running at large. It shall be unlawful for any person or
persons to interfere with the Animal Warden engaged in taking a dog hereunder for
impounding or to refuse to surrender a dog to the Animal Warden for confinement as
required. Whoever violates this section shall be guilty of a misdemeanor.
6-2-19: IMPOUNDING STRAY DOGS:
(A) The Animal Warden may seize or impound any dog found estray on public
property or claimed to be estray by the owner of the premises upon which
such animal may be found, provided that the owner of the premises demands
such seizure or impoundment and agrees in writing to indemnify and hold
harmless the City from any claim for damages by the owner of said dog.
(B) Disposition of such impounded stray shall thereafter be pursuant to the
provisions.
6-2-20: DISPOSITION OF CERTAIN DISEASED OR DANGEROUS DOGS OR OTHER
ANIMALS:
(A) Any dog or other animal displaying symptoms of being rabid may be seized
at any place or time and shall be confined in the city dog pound or other
appropriate place designated for such purpose by the Council from time to
time at the expense of the owner until found to be free from rabies.
(B) If any dog or other animal appears to be diseased, vicious, dangerous, rabid,
or has been exposed to rabies, and such dog or other animal cannot be taken
up and impounded without serious risk, such dog or other animal my be
killed if reasonably necessary for the safety of any person or persons.
(C) When any dog or other animal has bitten any person wherein the skin has
been punctured or the services of a doctor are required, a report of the
incident shall be made to the police department and Animal Warden by the
owner or custodian of the biting dog or animal or the person bitten or his
parent or guardian within twenty-four (24) hours of the bite.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 8
6-2-21: REDEMPTION OF DOGS AND OTHER ANIMALS:
(A) The City, upon the impounding of any dog or other animal, may condition
redemption of said dog from impounding upon payment of the required
impounding fee as duly set by the City Council from time to time, plus the
cost of boarding for each day of said dog or other animal that has been
confined in said pound, together with the payment for a current license for
said dog if no current license has been issued. The pound keeper shall issue a
receipt in triplicate pursuant to the requirements of this section, the original
of which shall be given to the person paying the required impounding fee, the
duplicate to be furnished to the City Administrator, and the triplicate to be
retained by the pound keeper.
(B) If at the end of six (6) days after said impounding the dog or other animal has
not been redeemed, it may be sold at private sale, or the keeper of the pound
may dispose of the dog or other animal in a humane manner or pursuant to
the terms of Minnesota Statutes, Section 35.71.
6-2-22: POSSESSION OF NUISANCE ANIMALS: No person shall keep, own, harbor, or
otherwise possess within the city an animal which is a public nuisance animal or
vicious animal.
6-2-23: DOGS: DISTURBING THE PEACE; ENFORCEMENT: It shall be unlawful for
any person to own, keep, have in possession, or harbor any canine which howls,
yelps, or barks to the reasonable annoyance of another person or persons. Any
person violating this section who, upon first requested by an Animal Warden or any
duly authorized assistant to stop or prevent the annoyance and refuses to comply
with the request, will be issued a citation and, if the officer deems it necessary to
stop the annoyance, may have the canine taken to the city animal pound. Any canine
placed in the pound may be reclaimed by the owner upon payment of the fee
prescribed. If not reclaimed, it may be disposed of in the proper manner.
6-2-24: CLEANING UP LITTER: The owner of any dog or any person having the custody
or control of any dog shall be responsible for cleaning up any feces of the animal and
disposing of such feces in a sanitary manner. More than six (6) piles of feces in the
yard may result in a violation tag being issued.
It is unlawful for any person owning, keeping, or harboring a dog to cause or permit
said dog to be on property, public or private, not owned or possessed by such person
without having in his/her immediate possession a device for the removal of feces and
depository for the transmission of excrement to a proper receptacle located on the
property owned or possessed by such person.
It is unlawful for any person in control of, causing, or permitting any dog to be on
any property, public or private, not owned or possessed by such person, to fail to
remove feces left by such dog to a proper receptacle located on property owned or
possessed by such person.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 9
The provisions of this section shall not apply to the ownership or use of seeing eye
dogs by blind persons, dogs when used in police activities by the City, or tracking
dogs when used by or with the permission of the City.
Any Animal Control Warden or any duly authorized officer or agent authorized by
the City Administrator may issue citations.
6-2-25: DANGEROUS AND POTENTIALLY DANGEROUS DOGS:
(A) Adoption by Reference of State Law and County Ordinance. The provisions
of Minnesota State Statutes Chapter 347 (§347.50-347.565) and Wright
County Ordinance No. 10-01, as they may be amended from time to time, are
hereby adopted by reference as fully as if set out herein, and shall be
administered and enforced by the City’s Animal Warden and other Animal
Control Authorities identified and designated pursuant to that law and
ordinance.
1. Conflict of Laws. When any provisions of this ordinance, county
ordinance or state laws applicable to dangerous or potentially
dangerous dogs are in conflict, the provisions that impose the greater
restrictions or protections shall apply.
2. Penalty. Any person who violates this ordinance, county ordinance or
state law applicable to dangerous and potentially dangerous dogs shall
be guilty of a misdemeanor.
(#511, 4/12/10)
6-2-26: LICENSING FOR COMMERCIAL DOG KENNELS:
(A) Definitions: For the purpose of this chapter, the following definitions shall
apply:
“Commercial Kennel” means a place where more than three dogs thereof are
kept for the business of selling, boarding for a fee, breeding for sale, or some
other enterprise intended primarily for profit-making purposes. The term
“commercial kennel” shall not include pet stores, pet grooming shops, or
animal hospitals.
(B) License Required: No person shall own, harbor, or keep upon a premises
more than three (3) dogs over the age of six (6) months unless in a
commercial kennel duly licensed under this section.
No person shall keep or maintain a commercial kennel in the city except upon
obtaining a permit from the City Council. Commercial kennel licenses shall
only be granted in an agricultural zoning district as a conditional use.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 10
(C) Applications: The application shall be made to the City Zoning Administrator
and shall contain the following:
1. The location of the premises of the kennel along with the home and
work telephone numbers of the licensee and one other person who
could be contacted in the absence of the licensee.
2. The maximum number and species of adult dogs to be kept on the
premises. The term “adult” as used herein shall include any animal
over six months of age.
3. A site plan showing the location, size, and type of all structures for
housing, fencing, and runs for dogs. Separate housing and runs for
dogs shall be a minimum of 50 feet from any neighboring habitable
dwelling and a minimum of ten (10) feet from any property line. If
dogs are kept primarily within a building, the applicant shall so state.
4. Whether the applicant anticipates breeding the animals and, if so, how
often and the expected size of the litters.
5. The method to be used to keep the premises in a sanitary condition.
6. The method used to keep the animals quiet.
7. An agreement by the applicant that the premises may be inspected by
the animal warden at all reasonable times. An inspection of the
premises prior to licensing and during the licensing period shall be
required.
(D) Issuance and Conditions: The City Zoning Administrator shall refer the
application to the animal warden for review and recommendation to the
Planning Commission and Council prior to Council and Planning
Commission action. The Planning Commission shall conduct a public
hearing. The issuance of a license shall take into consideration the following:
adequacy of housing and runs for the animals; the methods to be used for
sanitation and to maintain quiet; the quality and height of the fencing; and,
with particularity, any violations during the previous license period, if
applicable. The Council and Planning Commission may impose such
conditions as it shall deem necessary and appropriate to carry out the intent of
this Chapter.
(E) Design:
1. Kennels or shelter floors and walls shall be constructed of impervious
and easily cleanable materials and all structures, areas, and
appurtenances so designed as to facilitate frequent and easy cleaning.
With regard to private kennels where dogs are kept indoors, this shall
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 11
apply to the portions of the principal structure to which the dogs are
confined, fed, and cleaned.
2. All areas shall be adequately and properly ventilated and have ample
light and heat, either natural or artificial.
3. Every kennel or shelter shall be suitably enclosed or fenced in such a
manner as to prevent the running at large or escape of the animals
confined therein. No dogs may be tethered.
4. Doors, windows, and other openings shall be screened.
5. The premises shall be provided with adequate, safe, and approved
sewer, water, and plumbing facilities.
6. Enclosure shall be of sufficient size to allow each dog to turn around
fully and stand, sit, and lie in a comfortable, normal position. The
floors of the enclosure shall be constructed so as to prevent injury to
the dog’s legs and feet.
7. Disposal facilities shall be provided to minimize vermin, infestation,
odors, and disease hazards.
8. Adequate storage and refrigeration shall be provided to protect food
supplies against contamination and deterioration.
(F) Operation and Conditions: All kennels and shelters shall be maintained in a
clean, healthful, sanitary, and safe condition so as not to create a health
hazard or public nuisance. Kennels shall be operated in a humane manner.
(G) Revocation: If a license fails to comply with the statements made in the
application or with any reasonable conditions imposed by the Council, or
violates any other provision of this Chapter, the licensee shall be notified by
mail and given ten (10) days to remedy any defects or defaults. If such
condition be not remedied in said ten (10) days, the Council may revoke the
license.
(H) Tags: Licensees shall affix an identification tag to all dogs owned by or under
the control of the license. Such identification tags shall at a minimum
contain the name, address, and telephone number of the licensee.
(I) Rabies Vaccination: A licensee shall cause every dog in the kennel to be
vaccinated by a licensed veterinarian with anti-rabies vaccine. Puppies shall
be so vaccinated at or before the age of sixteen weeks and again at the age of
one year. Adult animals shall be so vaccinated at least once in every 24-
month period or as often as needed under the type of vaccine used to ensure
immunity.
MONTICELLO CITY ORDINANCE
TITLE VI/Chapt 2/Page 12
(J) License Fees: The license is non-transferable. The fee for kennel license
shall be at a rate as set by the City Council.
(#494, 1/26/09)
(K) Penalties: Any person who maintains a kennel without first obtaining a
license therefore shall be guilty of a misdemeanor; and upon conviction
thereof, shall be punished not more than the maximum penalty for a
misdemeanor as prescribed by
state law.
(#169, 3/13/89),(#277, 3/25/96), (#358, 1/8/01)
6-2-27 DELETED (#277, 3/25/96)
6-2-28 DELETED (#277, 3/25/96)
CityCouncilAgenda–08/24/15
1
2E.ConsiderationofadoptingOrdinanceNo.#619forAmendmenttotheMonticello
ZoningOrdinanceChapter3,Section4(F)-SingleandTwo-FamilyResidential,
Chapter4,Section11-BuildingMaterials,Chapter5,Section2(C)-Standardsfor
ResidentialUsesandChapter8,Section4-Definitions,forordinanceregulating
minimumresidentialstandardsintheR-2District (AS)
PlanningCaseNumber:2015-023
A.REFERENCE&BACKGROUND
Request(s):AmendmentstothetextoftheMonticelloZoning
Ordinance
DeadlineforDecision:NA
LandUseDesignation:NA
ZoningDesignation:R-2(SingleandTwoFamilyResidence)District
ANALYSIS
TheCityCouncilisaskedconsideramendmentstotheMonticelloZoningOrdinanceasit
relatestotheR-2District’sperformancestandardsforminimumfloorareasquarefootage
byunittype.Theproposedamendmentsalsoaddressthedefinitionsforvarious
residentialdwellingunittypes.
Theproposedamendmentsarenecessarytoprovideclarityintheapplicationofthe
ordinanceforresidentialusesintheR-2Districtandweredevelopedinresponsetothe
zoningcode’sdailyuseandapplication.
Tosummarizetheproposedamendments:
•Clarificationofrequiredminimumfloorareasquarefootagebyunittypeforthe
R-2District.Atpresent,theordinanceincludestwosectionswhichcouldleadto
differinginterpretationsforrequiredsquirefootageintheR-2District.In Table
3-6:R-2DevelopmentStandards,therequiredminimumfloorareais2,000
squarefeetfinishable“ifapplicable”.Table5-2:MinimumFloorAreaByUnit
Type thenprovidesminimumsquarefootageperbedroom.Assuch,the“if
applicable”textinTable3-6couldleadtodifferinginterpretationonwhichisthe
requiredminimumsquarefootageforfinishablesquarefeetintheR-2Districtif
pairedwithTable5-2.
CityCouncilAgenda–08/24/15
2
•Theproposedstandardsgraduatethesquarefootagerequirementforthevarious
R-2dwellingunittypeswithinthedistrictitself.
•TheproposedstandardsalsoplacetheR-2minimumfloorareastandardsbetween
requirementsforminimumfloorareafortheR-1(Single-FamilyResidence)and
R-3(MediumDensityResidence)districts.Currently,theR-1Districtrequires
2,000squarefeetoffinishablesquarefootage.TheR-3District,whichwas
establishedtoprovideformediumdensityresidentialproducts,requires1,000
squarefeetperdwellingunit.
•Table3-6fortheR-2Districtasproposedforamendmentwouldrequireanew
“finished”squarefootagestandardequivalenttothefoundationsize.
•Table5-2:MinimumFloorAreaByType isrecommendedfordeletioninits
entirety.Thetableisnolongerrelevantgiventhatminimumsquarefootage
standardsforunitsize,asfoundationsizeand/orfinishedorfinishablesquare
footageareestablishedwithineveryresidentialzoningdistrict.Additionally,
regulatingbybedroomdoesnotaddressthecoreissueofminimumfinishable
squarefootagewhenconsideringhomedesignsforlife-cyclehousing.
•Minorchangestotheordinancelanguageforaccessorystructureterminology.
•Amendmentstolanguagetocreateconsistencybetweendefinitionsandthe
regulationswithinChapters3and5.
•AmendmentstoChapter4.11forbuildingmaterialsstandardstofurther
strengthentherequiredbuildingstandardsforresidentialunitsinthedistrict.At
present,thereisnoR-2requirementforfacedtreatment.TheCommission
recommendedtheadditionofarequired15%facedtreatmentconsistentwiththe
R-1ResidenceDistrict.
•Clarificationtothedefinitionsforsingle-family,townhouseandduplexunits.
TheseproposeddefinitionsareconsistentwiththeInternationalResidentialCode,
theCity’sadoptedbuildingcodeforresidentialstructures.Theamendedduplex
definitionalsospecifiesthatthedwellingsexistonasinglelot.Two-unitattached
dwellingstructureswhichexistonseparatelotswouldthereforenowbe
consideredatownhomedwelling.
PlanningCommissionRecommendation
ThePlanningCommissiondiscussedthisitemduringtheirJulyregularmeeting,tabling
actionontheitem.TheCommissionrequestedadditionalinformationtosupport
decision-makingrelatedtothesquarefootageminimumrequirementsfortheR-2District.
TheCommissionsubsequentlyheldaworkshoponAugust7th ontheissue.Duringthat
workshop,thePlanningCommissionreviewedtherationaleforthesquarefootage
standardsascurrentlyproposedforamendment,referringtoinformationfromtheCity’s
adoptedComprehensivePlanandfromthe2009zoningordinanceredraftingprocess.
CityCouncilAgenda–08/24/15
3
ThisinformationprovidedperspectiveontheCity’sadoptedgoalsandobjectivesrelated
to“move-uphousing”forthecommunity.Itwasnotedthatinworkingthroughthe
revisionsofthezoningordinance,thePlanningCommissionandCityCouncilgave
specificattentiontolotareasizesandhomesquarefootagesinordertobettersupportthe
comprehensiveplangoals.TheCommissionalsoreviewedvariousexistinghome
designsandsquarefootageswithinthedistrict.
Asaresultoftheworkshop,thePlanningCommissionvotedunanimouslytoadoptthe
recommendedamendments.
B.ALTERNATIVEACTIONS
1.MotiontoadoptOrdinanceNo.619forAmendmenttotheMonticelloZoning
OrdinanceChapter3,Section4(F)-SingleandTwo-FamilyResidential,Chapter4,
Section11-BuildingMaterials,Chapter5,Section2(C)-StandardsforResidential
UsesandChapter8,Section4-Definitions,forordinancesregulatingminimum
residentialstandardsintheR-2District,basedonafindingthattheordinance
amendmentsasproposedcontinuetosupporttheComprehensivePlan,serveto
clarifyexistingordinanceregulationsfortheR-2District,andsupportconsistency
withcurrentCityreviewprocess.
2.Motionofother.
C.STAFFRECOMMENDATION
Staffsupportstheproposedamendments,astheywillprovideneededclarityand
consistencyintheapplicationoftheordinance.Inaddition,theordinanceamendments
asproposedcontinuetosupporttheCity’sgoalsforstep-uphousingwithinthe
communityandprovideforagraduatedsquarefootagerequirementfortheCity’s
residentialhousingdistricts.
D.SUPPORTINGDATA
DraftOrdinanceNo.619
Chapter3,Section4(D-H)–ResidenceDistricts,excerpt
Chapter4,Section11–BuildingMaterials
Chapter5,Section1–UseTable,Table5-1,UsesbyDistrict,excerpt
Chapter5,Section2(C)–RegulationsforResidentialUses
Chapter8,Section4–Definitions,excerpt
MonticelloOfficialZoningMap
ORDINANCE NO. 619
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR THE FOLLOWING SECTIONS:
CHAPTER 3, SECTION 3.4(F) – SINGLE AND TWO-FAMILY RESIDENTIAL,
CHAPER 4, SECTION 11(C)– RESIDENTIAL DISTRICT STANDARDS AND –
CHAPTER 5, SECTION 2(C) - STANDARDS FOR RESIDENTIAL USES AND
CHAPTER 8, SECTION 4 – DEFINITIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS:
Section 1. Section 3.4(F) – Table 3-6: R-2 Development Standards, Title 10 – Zoning
Ordinance is hereby amended as follows:
TABLE 3-6: R-2 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet)
Max Height
(stories /
feet)
Minimum
Floor Areas
(sq ft)
[3]
Minimum
Finished
Floor Areas
(sq ft)
[3]
Minimum
Building
Width
(ft)
Minimum
Roof Pitch
& Soffit
(vertical
rise/
horizontal
run)
Front
[1]
Interior
Side
Street
Side Rear
Single Family /
Duplex
Building
30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation
2,0001,800
finishable
(per unit if
applicable)
[3]
Minimum
finished
square
footage
must be
equivalent
to the
principal
use unit
foundation
size.
24
5” / 12”
No
minimum
soffit Duplex 30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation/
1,400
finishable
24
Townhouse/
Multi Family
Building
30 10 20 30 2.5 stories
35 feet
1,050
foundation
2,0001,400
finishable
24
[1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding
accessory buildings within same block) have front yard setbacks different from those required,
the front yard minimum setback shall be the average of the adjacent structures. If there is only
one (1) adjacent structure, the front yard minimum setback shall be the average of the
required setback and the setback of the adjacent structure.
[2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or
less in the Original Plat of Monticello and Lower Monticello shall be at least six (6) feet.
[3]: Finishable and finished square footage is exclusive of attached accessory garage space
ORDINANCE NO. 619
Accessory
Structures
An attached garage shall be included with all principal residential structures in the R-2
district.
See Section 5.3(B) for all general standards and limitations on accessory structures.
The minimum floor area for all attached accessory structures garages shall be 450 sq. ft.
No portion of any attached accessory structure garage may be more than 10 feet closer
to the street that the principal structure.
Except for single family buildings, any driveway leading directly to an attached accessory
structure garage may not exceed 18’ in width at the front yard property line
Other
Regulations to
Consult (not
all inclusive)
Section 3.3, Common District Requirements
Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Section 4.11, Building Materials
Section 4.8, Off-Street Parking
Section 4.1, Landscaping and Screening Standards
Section 2. Section 4.11(C) – Residential District Standards, Title 10 – Zoning Ordinance is
hereby amended as follows:
(2) R-1 and R-2 District
A minimum of 15% of the front building façade of any structure in the R-1 and R-2
District, less the square footage area of the garage doors, shall be covered with brick or
stone. Any attached or major detached accessory building that can be seen from the street
shall meet this same standard. Structures with front facades covered by at least 70%
stucco or real wood may reduce the brick or stone coverage to 5%. The Community
Development Department may approve optional facade treatments when additional
architectural detailing so warrants. Such detailing may include usable front porches,
extraordinary roof pitch or other features.
Section 3. Section 5.2(C) – Standards for Residential Districts, Title 10 – Zoning Ordinance
is hereby amended as follows:
5.2(C)(1)(g) Except for dwellings classified as elderly (senior citizen) housing or the
minimum floor area per dwelling unit shall be as prescribed in individual
zoning district regulations, the minimum floor area per dwelling unit shall
be in accordance with table 5-2.
Table 5-2: Table 5-2: Minimum Floor Area By Type is deleted in its entirety.
5.2(C)(2) -Townhouse
(c) No building shall contain more than eightsix (86) dwelling units.
Section 4. Section 8.4 – Definitions, Title 10 – Zoning Ordinance is hereby amended as
follows:
ORDINANCE NO. 619
DWELLING, SINGLE FAMILY DETACHED: A dwelling unit designed
exclusively for occupancy Any building that contains one dwelling unit used,
intended, or designed to be built, used, rented, leased, let or hired out to be
occupied, or occupied for living purposes by one (1) family.
DWELLING, DUPLEX OR TWO-FAMILY: A building designed as a single
structure, containing two separate dwelling units, each of which is designed to be
occupied as a separate permanent residence for one family. Any building that
contains two separate dwelling units with separation either horizontal or
vertical on one lot that is used, intended, or designed to be built, used, rented,
leased, let or hired out to be occupied, or occupied for living purposes.
TOWNHOUSES: Structures housing three (3) or more dwelling units of not
more than two (2) stories each and contiguous to each other only by the sharing of
one (1) common wall, such structures to be of the town or row house type as
contrasted to multiple family dwellings or apartments/condominiums. A single-
family dwelling unit constructed in a group of two or more attached units in
which each unit extends from the foundation to the roof and having open space
on at least two sides of each unit. Each single-family dwelling unit shall be
considered to be a separate building. No single structure shall contain in excess
of eight (8) dwelling units, and each dwelling unit shall have separate and
individual front and rear entrance.
Section 5. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 6. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this 24th day of August, 2015.
CITY OF MONTICELLO
__________________________________
Brian Stumpf, Mayor
ATTEST:
ORDINANCE NO. 619
___________________________________
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (F) R-2: Single and Two Family Residence District
City of Monticello Zoning Ordinance Page 91
Typical R-2 Lot Configuration
(F) R-2: Single and Two Family Residence District
Section 3.4 (F)
R-2 Single and Two-Family Residence District
The purpose of the "R-2" single and two-family residential district is to provide for low to moderate
density one and two unit dwellings and directly related complementary uses.
Maximum Density through PUD or Performance Standards = 5,445 sq. ft. per unit (8.0 units per
gross acre)
Base Density
Unit Type
Minimum Lot
Area/Unit Base Density
Single Family 10,000 square feet 4.3 units/acre
Duplex/Two-Family 7,000 square feet 6.2 units/acre
Townhome * 7,000 square feet 6.2 units/acre
Multi-Family
(3-4 units) *
10,000 sq ft for 1st
unit + 4,000 sq ft for
each additional unit
5.9 – 6.7
units/acre
* By Conditional Use Permit Only
Minimum Lot Width
R-2 District Original Plat
Lot Width 80 feet 66 feet
Typical R-2 Building Types
CHAPTER 3: ZONING DISTRICTS
Section 3.4 Residential Base Zoning Districts
Subsection (F) R-2: Single and Two Family Residence District
Page 92 City of Monticello Zoning Ordinance
TABLE 3-6: R-2 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet) Max Height
(stories /
feet)
Minimum Floor
Areas
(sq ft)
Minimum
Building
Width (ft)
Minimum Roof Pitch &
Soffit (vertical rise/
horizontal run)
Front
[1]
Interior
Side
Street
Side Rear
Single Family /
Duplex
Building
30 10
[2] 20 30 2.5 stories
35 feet
1,050
foundation
2,000 finishable
(per unit if
applicable)
[3]
24
5” / 12”
No minimum soffit
Townhouse/
Multi Family
Building
30 10 20 30 2.5 stories
35 feet 24
[1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding accessory
buildings within same block) have front yard setbacks different from those required, the front yard minimum
setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front
yard minimum setback shall be the average of the required setback and the setback of the adjacent structure.
[2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the
Original Plat of Monticello and Lower Monticello shall be at least six (6) feet.
[3]: Finishable square footage is exclusive of attached accessory space
Accessory
Structures
An attached garage shall be included with all principal residential structures in the R-2 district.
See Section 5.3(B) for all general standards and limitations on accessory structures.
The minimum floor area for all attached accessory structures shall be 450 sq. ft.
No portion of any attached accessory structure may be more than 10 feet closer to the street that the
principal structure.
Except for single family buildings, any driveway leading directly to an attached accessory structure may not
exceed 18’ in width at the front yard property line
Other
Regulations to
Consult (not
all inclusive)
Section 3.3, Common District Requirements
Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts
Section 4.11, Building Materials
Section 4.8, Off-Street Parking
Section 4.1, Landscaping and Screening Standards
CHAPTER 4: FINISHING STANDARDS
Section 4.11 Building Materials
Subsection (C) Residential District Requirements
City of Monticello Zoning Ordinance Page 295
(2) New materials
In recognition of the ever-changing marketplace for new finishing materials, the
Community Development Department may authorize the use of materials not
listed herein if it is determined that such a material is substantially similar or
superior to one or more of the approved building materials.
(C) Residential District Requirements
(1) All Residence Districts
No metal siding shall be permitted wider than 12 inches or without a one-half
(1/2) inch or more overlap and relief.
(2) R-1 District
A minimum of 15% of the front building façade of any structure in the R-1
District, less the square footage area of the garage doors, shall be covered with
brick or stone. Any attached or major detached accessory building that can be
seen from the street shall meet this same standard. Structures with front facades
covered by at least 70% stucco or real wood may reduce the brick or stone
coverage to 5%. The Community Development Department may approve
optional facade treatments when additional architectural detailing so warrants.
Such detailing may include usable front porches, extraordinary roof pitch or other
features.
(3) R-A and T-N Districts
A minimum of 20% of the front building façade of any structure in the R-A or T-
N zoning district, less the square footage area of the garage doors, shall be
covered with brick or stone. Any attached or major detached accessory building
that can be seen from the street shall meet this same standard. Structures with
front facades covered by at least 70% stucco or real wood may reduce the brick or
stone coverage to 10%.
(4) R-3 District and other Districts with Multiple Family Housing
A R-3 District and other districts with multiple family housing shall be subject to
building material standards as follows: all building walls facing a public street
shall be covered with stone, brick, cultured masonry simulating brick or stone, or
other enhanced materials acceptable to the City Council to an extent not less than
20% of the exposed wall silhouette area. In addition, multiple family structures of
thirteen (13) or more units shall, when lap horizontal siding, be constructed of
heavy gauge steel or cement-board, with no use of vinyl or aluminum permitted.
CHAPTER 4: FINISHING STANDARDS
Section 4.11 Building Materials
Subsection (D) Business District Requirements
Page 296 City of Monticello Zoning Ordinance
Natural wood or species that is resistant to decay may be permitted where
approved by the City Council.
(D) Business District Requirements
In all Business Zoning Districts (see table 3-1), the following building materials
standards shall apply.
(1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings,
except those specifically designed to have a corrosive designed finish such
as“corten” steel, shall be permitted in the districts listed herein.
(2) Buildings in these zoning districts shall maintain a high standard of architectural
and aesthetic compatibility with conforming surrounding properties to ensure that
they will not adversely impact the property values of the abutting properties and
shall have a positive impact on the public health, safety, and general welfare,
insofar as practicable.
(3) Exterior building finishes in the districts subject to this Section shall consist of
materials compatible in grade and quality to the following:
(a) Brick
(b) Natural Stone
(c) Decorative rock face or concrete block
(d) Cast-in-place concrete or pre-cast concrete panels
(e) Wood, provided that the surfaces are finished for exterior use and wood of
proven exterior durability is used, such as cedar, redwood, or cypress
(f) Glass
(g) Exterior Insulated Finish systems, where said system is manufactured to
replicate the look of one of the approved building materials in this section
(h) Stucco
(4) Metal exterior finishes shall be permitted only where coordinated into the overall
architectural design of the structure, such as in window and door frames, mansard
roofs or parapets, and other similar features, and in no case shall constitute more
than 15% of the total exterior finish of the building.
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 317
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P C
*SE
E
T
A
B
L
E
5-1A
5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C C 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential
Facility, Single Family P P P P P 5.2(C)(3)
Group Residential
Facility, Multi-Family C C C 5.2(C)(3)
Mobile & Manufactured
Home / Home Park C C C P C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities
(public) P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5-1A
P P P None
Active Park Facilities
(private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C 5.2(D)(2)
Cemeteries C C C C C C C 5.2(D)(3)
Clinics/Medical Services C P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P C 5.2(D)(4)
Nursing/Convalescent
Home C C C C C C C C C P P 5.2(D)(5)
Passenger Terminal C C C C None
Passive Parks and Open
Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6)
Schools, K-12 C C C C C C I I 5.2(D)(7)
Schools, Higher
Education C None
Place of Public Assembly C C C C C P 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
Office Uses
Offices P P C P * P P P 5.2(E)
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 324 City of Monticello Zoning Ordinance
(c) All applicable requirements of the State Pollution Control Agency are
complied with.
(C) Regulations for Residential Uses
(1) General Regulations for All Dwellings
All dwellings located in any residence district shall conform to the following
minimum requirements in addition to the specific requirements applicable to the
individual residence districts:
(a) Except for in the M-H zoning district, all dwellings shall be placed on a
permanent foundation which complies with the Minnesota State Building
Code, and which are solid for the complete circumference of the dwelling.
(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of
porches, entryways, or attached storage sheds.
(c) All dwellings shall be served by public sanitary sewer and water.
(d) Direct vehicular access to residential units from arterial or collector roadways
shall be prohibited unless no other reasonable alternative exists as determined
by the Community Development Department.
(e) In addition to standards applicable to all houses in residential districts,
manufactured homes, as defined by Minnesota Statutes, shall be built in
compliance with the Minnesota Manufactured Homes Building Code and all
statutory requirements.
(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building
shall at any time be used as an independent residence or dwelling unit, either
temporarily or permanently. Tents, play houses or similar structures may be
used for play or recreational purposes.
(g) Except for dwellings classified as elderly (senior citizen) housing or as
prescribed in individual zoning district regulations, the minimum floor area
per dwelling unit shall be in accordance with table 5-2.
MN Statutes on
Manufactured Homes
(327.31 –327.35)
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 325
TABLE 5-2: MINIMUM FLOOR AREA BY UNIT TYPE
Single Family
Detached Dwelling
Duplex &
Townhouse
Attached Dwellings
Multiple-Family
Attached Dwellings
Apartment or
Condominium
Attached Dwellings
[1]
Efficiency Apartment [2] na na na 440 sq ft
One Bedroom 720 sq ft 720 sq ft 600 sq ft 520 sq ft
Two Bedrooms 820 sq ft 820 sq ft 800 sq ft 750 sq ft
Three Bedrooms 920 sq ft 920 sq ft 900 sq ft 850 sq ft
Four + Bedrooms [3] 1050 sq ft 1050 sq ft 1000 sq ft 1000 sq ft
[1]: For purposes of measurement, the net floor area of an individual dwelling unit in an apartment or condominium
shall mean the gross floor area as defined in Section 8.2(B)(4) less areas devoted to other individual units,
public stairways, public entries, public foyers, public balconies or unenclosed porches, separate utility rooms,
garages, furnace areas or rooms, or storage areas not within the dwelling unit.
[2]: The number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number
of apartments.
[3]: For every additional bedroom over four, add 120 square feet to the required four -bedroom minimum.
na = not applicable
(h) Apartment and condominium dwelling units shall only be located in multiple-
family buildings or in buildings within the CCD district as regulated by this
ordinance.
(2) Attached Dwelling
(a) Regulations applicable to all Attached Dwelling Types
(i) Trash Handling and Recycling
Multiple-family structures with more than four dwelling units shall adhere
to the accessory use standards for large trash handling and recycling areas
as outlined in Section 5.3.
(ii) Size of Development
All attached dwelling developments that contain more than two (2)
structures with dwelling units and/or having a structure containing more
than ten (10) dwelling units shall require a conditional use permit.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 433
DUMPSTER: A container that has a hooking mechanism that permits it to be raised and
dumped into a sanitation truck or be hauled away for emptying.
DUPLEX: A building designed as a single structure, containing two separate dwelling units,
each of which is designed to be occupied as a separate permanent residence for one family.
DWELLING: A building or portion thereof designated exclusively for residential occupancy,
including one-family, two-family, and multiple family dwellings, but not including hotels,
motels, and boarding houses.
DWELLING, ACCESSORY UNIT: A dwelling unit, either within the same building as the
single-family dwelling unit or in a detached building. Accessory dwelling units shall be
developed in accordance with the standards set forth in this ordinance and only in those zoning
districts where permitted.
DWELLING, ATTACHED: A structure intended for occupancy by more than one family,
including duplexes, townhomes, multi-family dwellings, apartments, and condominiums.
Accessory dwelling units as defined and permitted by this ordinance are incidental to a
principal dwelling unit and are not considered to be attached dwellings.
DWELLING, DETACHED: A dwelling unit designed exclusively for occupancy by one (1)
family.
DWELLING, MULTIPLE FAMILY: A building designed with three (3) or more dwelling
units exclusively for occupancy by three (3) or more families living independently of each
other but sharing hallways and main entrances and exits.
DWELLING UNIT: An area within a structure designed and constructed to be occupied by
one family which includes permanent provisions for living, cooking, and sanitation. Dwelling
unit does not include hotels, motels, group residential facilities, correctional facilities,
nursing/convalescent home, rehabilitation centers, or other structures designed for transient
residence.
EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal room exclusive
of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking
(kitchenette).
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 437
FINISHING STANDARD: Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings. The term “finishing standard” shall be
synonymous with “performance standard.”
FLAG: Any fabric or similar lightweight material attached at one end of the material, usually
to a staff or pole, so as to allow movement of the material by atmospheric changes and which
contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of
Monticello.
FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse
which have been or hereafter may be covered by the regional flood.
FLOOD PROFILE: A graph or a longitudinal plot of water surface elevations of a flood event
along a reach of a stream or river.
FLOOD-PROOFING: A combination of structural provisions, changes, or adjustment to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
FLOODWAY: The bed of wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge.
FLOOR AREA [see section 8.2(B)(4)]
FLOOR AREA - FININSHABLE: Area within a building—exclusive of mechanical, garage,
or unfinished storage space—that could meet all requirements of “finished floor area” after
improvements are completed.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 438 City of Monticello Zoning Ordinance
FLOOR AREA - FINISHED: To qualify as finished floor area, the space shall be at or above
the finished exterior grade, or in the case of lower levels, no less than 42 inches below such
grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor
covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained,
painted or covered with other residential wall/ceiling covering prior to occupancy. Basements
that are neither “look out” or “walk out” levels may be finished, but shall not be counted
towards a minimum finished square footage calculation.
FOREST LAND CONVERSION: The clear cutting of forested lands to prepare for a new
land use other than reestablishment of a subsequent forest stand.
FREEWAY CORRIDOR (SIGN) AREA: A special signing area encompassing land located
within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in
addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas
Road, East of Sandberg Road, and West of Cedar Street as shown on the City’s official
Freeway Bonus Sign District Map.
FUNERAL SERVICES: An establishment that provides human funeral services, including
embalming and memorial services. Crematories are accessory uses to a funeral home.
GARAGE: An attached or detached accessory structure for the purpose of parking vehicles.
GARAGE SALE: The sale of miscellaneous used items commonly associated with residential
use. Garage sales shall not be for the sale of primarily a single commodity. The term “garage
sale” includes “sidewalk sale,” “yard sale,” “basement sale,” and “estate sale.”
GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where
there is no sale of items to retailers or the general public unless permitted as an accessory use
to the warehouse.
GRADING: Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT : A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and
structures for the control of erosion, runoff, and grading. Herein after referred to as “Grading
Permit”.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 461
TEMPORARY EROSION PROTECTION: Short term methods employed to prevent
erosion. Examples of these methods include: straw, wood fiber blanket, wood chips
and erosion netting.
TEMPORARY MOBILE CELL SITE: Any mobile tower, pole, or structure located on a
trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an
antenna or similar apparatus for personal wireless services, also commonly referred to as
cellular on wheels (COW).
TOE OF BLUFF: The lower point of a 50-foot segment with an average slope exceeding
18 percent.
TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding
18 percent.
TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a
specific lot.
TOWNHOUSES: Structures housing three (3) or more dwelling units of not more than two
(2) stories each and contiguous to each other only by the sharing of one (1) common wall,
such structures to be of the town or row house type as contrasted to multiple family dwellings
or apartments/condominiums. No single structure shall contain in excess of eight (8) dwelling
units, and each dwelling unit shall have separate and individual front and rear entrance.
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
County Hwy 75
Chelsea Rd
State Hwy 25
85th St NE
9 0th St N E
Linn St
Pine St
7th St
School Blvd
Riverview Dr
Cedar St
W River St
M
a
r
v
i
n
R
d
Jason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country La
Haug Ave NE
Elm St
W 4th St
Fenning Ave NE
Oakwook Dr
Ma ll a r d L a
95th St NE
Fallon Ave NE
Edmonson Ave NE
Mississippi Dr
5th St
Country Club Rd
Sandberg Rd
P
e
l
i
c
a
n
L
a
F a l c o n D r
Fenning Ave
Walnut St
Oak Ridge Dr
Oriole La
Club View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
M
i
l
l
T
r
a
i
l
L
a
Falcon Ave NE
Wright StBenton St
Elwood Rd
Ramsey St
6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V i e w L a
Farmstead Ave
Martin Dr
4th St E
3rd St E
Red Rock La
Gillard Ave NE
Maple St
Fallon Dr
Willow St
View La E
Grey Stone Ave
Marvin Elwood Rd
Fieldcrest Cir
Fairway Dr
Jason Ave NE
Vine St
M e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling Dr
Palm St
Un
kn
ow
n
o
r N
o
S
tree
tn
ame
Fallon Ave
Golf Course Rd
Falcon Ave
Kevin Longley Dr
Craig La
R
e
d
O
a
k
L
a
Front St
5th St W
Thomas Park D r
Locust St
M o c k i n g b i r d L a
W 3rd St
Ea
s
two
o
d
C
i
r
Bri ar Oa ks Bl v d
F
a
r
m
s
t
e
a
d
D
r
Henipin St
E
i
d
e
r
L
a
Dayton St
Oak La
River Forest Dr
Meadow Oak Ave
Kampa Cir
O
a
k
R
i
d
g
e
C
i
r
M i l l C t
R i v e r R i d ge L a
Garrison Ave
Oakview Ct
Dundas Cir
Kenneth La
Otter Creek Rd
Minnesota St
Eagle Cir
Crocus La
Meadow Oak La
Stone Ridge Dr
Chestnut St
1 2 0 t h S t N E
Darrow Ave NE
Diamond Dr
Pebble Brook Dr
Widgeon La
Washington St
Bunker Cir
Homestead Dr
Thomas Cir
E
n
d
i
c
o
t
t
T
r
Center Cir
Oak View Cir
Sandtrap Cir
Countr y Cir
Cheyen Ct
Old Territoral Rd
Tanager Cir
Hillcrest Cir
Os prey Ct
Acorn Cir
Balboul Cir
S
w
allo
w
C
ir
R iv e r si d e C ir
Meadow Oak Ct
Matthew Cir
E Oak Dr
S t o n e R i d g e C ir
Oakwood Dr
Meadow Oak Ave NE County Hwy 75
Hart Blvd
Marvin Rd
Marvin Rd
Wright St
90th St NE
Cedar St
Minnesota St
01
City of MonticelloOfficial Zoning Map
10-10-14
:Legend
BASE ZONING DISTRICTS
Residential Districts
-- Low Residential Densities
-- Medium Residential Densities
-- High Residential De nsities
Business Districts
Industrial Districts
OTHER
Water
A-O
R-A
R-1
T-N
R-2
R-PUD
R-3
R-4
B-1
B-2
B-3
B-4
CCD
IBC
I-1
I-2
M-H
Mississippi Wild, Scenic & Rec Overlay District
OVERLAY DISTRICTS
Performance Based Overlay District
!
!
!
!!!!
!
!
!!!!!
Shoreland District
Special Use Overlay District
!
!
!
!!!!
!
!
!!!!!
Freeway Bonus Sign District
PUDs
Swan River01
CityCouncilAgenda–08/24/15
1
2F.ConsiderationofapprovingpathwaymicrosurfacingimprovementsalongCSAH75and
CSAH18 (TP/SB)
A.REFERENCEANDBACKGROUND
TheParksdepartmentisrecommendingapplyingamicro-surfacing(T-Mat)producton
thepathwayalongCountyRoad75betweenWashingtonAvenueandMeadowOak
AvenueandalongCountyRoad18betweenCSAH75andI-94asapreventative
maintenancemethodtopreservingandextendingthelifeofthepathway.Thepathway
segmentstotalapproximately9,000feet.Enclosedisamapoftheprojectarea.
Specificationsweredevelopedandquotesweresolicitedforthisworkfrom5contractors.
Onequotewasreceivedtotaling$31,281.90fromAsphaltContractors,Inc.(ACI).Three
ofthecontractorsnotifiedoftheprojectdeclinedtoprovideaquotebecauseofthe
specialapplicationmethodsrequiredwiththeT-Matproduct.Oneothereligible
contractornotifiedoftheprojectdeclinedtoprovideaquoteduetotimeconstraints.By
statutetheCitymustobtaintwoquotesforprojectsunder$100,000.Sinceonlyonequote
wasreceived,theCityattorneywasadvised.Sinceagoodfaitheffortwasmadetoobtain
multiplequotes,theCityattorneyindicateditwouldbeacceptabletoapprovetheproject
basedononlyquoteandalsoindicatedthatthenamesandcorrespondencefromall
contractorssolicitedforquotesshouldbeplacedintheprojectfilesfortheauditorsto
review.
In2014,ACIsuccessfullycompletedthemicro-surfacingprojectalongtheCSAH75
pathwaybetweenWestRiverStreetandChestnutAvenueatacostof$31,678.00for
8,300feetofpathway.Thecurrent2015quoteiscompetitivewithACI’s2014quote.
TheParksSuperintendentwashighlysatisfiedwithACI’sperformanceandresulting
outcomeofthemicro-surfacingproductandisrecommendingapprovalofACI’scurrent
quote.
Theprojectisproposedtoincludecrackfilling,infraredpatching,andinstallationofthe
T-Matmicro-surfacingproduct,similartowhatwascompletedin2014.
Thesepathwayssegmentshaveexperiencedsurfacedeficienciesovertimeprimarilyin
theformofsurfacecrackingandminortomajorraveling.
TheParksDepartmenthasinspectedandratedtheCity’spathwaysystemannuallysince
2009andhavedevelopedaprogramtotrack,manageandperformmaintenanceofthe
pathwaysystem.TheCitycurrentlyhasover18milesofpathwayswithapproximately7
milesthatareplowedeachyear.TheParksdepartmenthasusedthePACERmethodto
inspectandratethepathways(seeenclosedinformation).Inaddition,whendetermining
methodstomaintainthepathways,theParksdepartmentusesthefollowingcriteria:
•Pavementstructureconditionandage
•Drainageissues
•Constructabilityofmaintenancemethod
•Considerationforpathwaysthatareplowedversusnon-plowed
CityCouncilAgenda–08/24/15
2
•Frequencyofuse
Thepathwaysproposedformicro-surfacingthisyearalongCSAH75andCSAH18
consistofthefollowing:
•8-10feetwidebituminouspathways
•Constructedin1995with2”ofbituminouspavementover6”ofaggregatebase
•Chipsealcompletedin1998
•Higherusepathway-estimated2,000pedestrians,bicyclistsannually
TheprojectisanticipatedtobecompletedinSeptember.Themicro-surfacingproduct
willbeappliedwhentemperaturesareaminimum70degreesasspecified.
A1.BudgetImpact:Approximately$40,000wasbudgetedintheParkandPathway
fundfortrailmaintenancefor2015.Theestimatedcostforthepathway
improvementsis$31,281.90.
A2.StaffWorkloadImpact:Parksdepartmentstafftimewillbeutilizedtomanage
theproject.
B.ALTERNATIVEACTIONS
1.MotiontoacceptquotefromAsphaltContractors,Inc.forpathway
microsurfacingimprovementsalongCSAH75andCSAH18intheamountof
$31,281.90
2.Motiondenyingauthorizationatthistime.
C.STAFFRECOMMENDATION
StaffrecommendsAlternateNo.1.TheCity’spathwaysystemisavitalassettothe
community,similartotheCity’sstreetsystem.Whensurveyed,residentsinthe
communitystatedthatparksandpathwayswereoneofthetop3reasonswhyresidents
aredrawntoMonticello,thereforeitiscriticaltokeepuponthepreservationofthe
pathwaysystem.Theparkscommissionalsoreviewedandmadearecommendationto
approvethepathwayrepairs.
Inaddition,theParksSuperintendentwashighlysatisfiedwithACI’sperformanceand
resultingoutcomeofthemicro-surfacingproductcompletedin2014andis
recommendingapprovalofACI’scurrentquote.
D.SUPPORTINGDATA
CityCouncilAgenda–08/24/15
3
PathwayMap
ContractorQuote
PathwayPictures
Proposal # 2015-2305
Date:Wednesday, August 12, 2015
10285 89th Ave. N. • Maple Grove, MN 55369
Ph. (763) 424-9191 • Fax (763) 424-9190
Qty Proposed Service(s) & Description(s)Depth
Site Description: # S120393
Various Trails in Monticello
909 Golf Course Rd.
Monticello, MN 55362
Site Contact:
Site Phone:
Site Email:
Prepared By:
David Johnson
Contact Information:
Mobile: 612-251-7360
Office: 763-424-9191
E-mail: davidj@aciasphalt.com
Project Manager:
Chad Kayser
Mobile: 763-688-5532
Submitted To:
Tom Pawelk
City Of Monticello
909 Golf Course Rd.
Monticello, MN 55362
Contact Information:
Phone: (763) 271-3276
Mobile:
E-mail: Tom.Pawelk@ci.monticello.mn.us
Traffic Control
Service Description
Install type III barricades at the end of trail at all street locations. Install 20 feet of 4
foot orange saftey fencing at each barricade. These items will be removed at the set
time and date that has been discussed with the owner or owners agent.
$1,304.291Lump Sum
Asphalt Thermal Bond Infrared Patching
Service Description
Sweep away any loose soil or standing water from the area to be repaired. Heat area
as specified using infrared thermal bond patch machine. Position the infrared panel
(either 5’ x 7’ or 5’ x 3.5’) over the repair area. Allow infrared heat to penetrate for 5
to 9 minutes depending on depth, season, and aggregate. Rake softened in place
material and remove failed material as needed. Spray asphalt rejuvenator onto the
heated area. This will replace some of the light oils that have oxidized over time. Add
new asphalt hot mix as necessary to meet the proper grade. Rake and level the
patch area to the correct grade and compact with a vibratory roller.
$3,064.3226Heats
Cracksealing - Rout and Seal
Service Description
Cracks 1/4" or larger are mechanically routed out approximately 3/4" by 3/4". Cracks
are cleaned of dirt and debris prior to placing hot rubberized crack sealer. Crack
sealer will be placed with crack sealing bander, which leaves a 3" band on pavement.
Crack sealer sets up in 5-20 minutes it all depends on the air temp. NOTE: As
material cools it will settle and shrink slightly into the reservoir. Previously sealed
cracks can not be routed. (Vehicles need to be cleared and irrigation systems need
to be turned off.)
$4,966.154,810 Lr. Ft.
T-Mat Asphalt Resurfacer
Service Description
T-Mat surface treatment is a high performance mineral and fiber reinforced asphalt
emulsion blended with polymers for superior adhesion, flexibility and durability. T-
Mat replenishes the pavement binder that is lost through oxidation and weathering
while providing a slip-resistant durable surface treatment. Clean asphalt with power
blowers and sweeper if needed. Apply T-Mat in two coats at a rate of .50 gallon per
square yard. (Vehicles need to be cleared and irrigation systems need to be turned
off for 24 hours.)
$21,947.147,108 Sq. Yds.
Professional People, Progressive Solutions
www.aciasphalt.com
Accepted Authorized Signature
Pavement Consultant David Johnson
This proposal may be withdrawn at our option if not accepted within 7 days of Aug 12, 2015
PAYMENT TERMS 0 Down, Balance Net 30 Project Total: $31,281.90
SERVICE TERMS Landscape restoration not included in scope of work unless specifically noted. ACI is not responsible for
damage to irrigation systems when not properly marked by client. Customer will be notified when work is to be performed. It is the
customer's responsibility to make sure the irrigation systems are shut off as to not cause damage to the work performed.
Professional People, Progressive Solutions
www.aciasphalt.com
T-MAT ASPHALT RESURFACER
As MANUFACTURED BY CRIUS CORP.
TECHNICAL SPECIFICATIONS
Material Specification:
1.1 Material Description; T-MAT as manufactured by Crius Corp. T-MAT is a highly
polymerized asphalt emulsion fortified with fibers and fillers specifically designed to
enhance and stabilize the emulsion, blended with a specific gradation of aggregate as
listed in table 1.
1.2 Designed Application; for use on asphalt pavement at least 3 years in age.
T-MAT will encapsulate the pavement providing an additional wear coarse designed to
prevent further degradation caused by the elements and maximize the pavement’s
lifecycle.
Aggregate Specifications:
1.1 Aggregate shall consist of a durable manufactured sand, crushed stone or fines or a
combination thereof. The material should be dry; not to exceed 7% moisture and should
be free of all plant or organic matter.
The aggregate shall meet the gradation shown in Table 1 when tested in accordance with
ASTM C 136.
Currently approved suppliers:
Dresser Trap Rock-- 100% Manufactured Sand.
TABLE 1 GRADATION OF AGGREGATES
Sieve Size % Passing
3/8 100.0
#4 100.0
#8 100.0
#16 99.0
#30 91.0
#50 56.0
#100 30.0
Jobsite Mix
Rate of 9-11 Pounds of Aggregate per gallon
T-MAT 100 gallons
Aggregate 900-1100 lbs.
Qualifications:
ACI is a certified applicator of T-MAT as authorized by Crius Corp. Certified
Applicators have been pre-qualified to ensure that they have the necessary equipment and
personal training necessary to install T-MAT.
Preparation:
2.1 Entire Trail should be swept clean of all dirt, dust and debris prior to T-MAT
installation. Contractor must use steel brooms and air blowers on tough embedded
dirt areas. Any heavily shades areas should be prepped by applying Acrylic Adhesion
Promoter to insure proper performance of T-MAT. All cracks 1/4 inch and larger
should be cleaned of all vegetation, routed to a width and depth of 3/4 by 3/4 and
flush filled with hot Pourable crackfiller of a 3405 type material. Any areas of
damaged asphalt or potholes should be patched at least 2 weeks prior to the
installation of T-MAT.
Application Procedure:
2.1 Apply 2 coats of T-MAT using certified equipment as specified by Crius Corp. of St.
Paul. The T-MAT must have a coverage rate of approximately .50 gallons per yard.
Coats must be applied in a slow speed to ensure best adhesion of product.
2.2 After installation of the T-MAT should be closed off to traffic for at least 24 hours
depending on weather conditions.
Application Restrictions:
3.1 T-MAT shall be applied only when temperatures are at least 60 degrees and rising for
a 24 hour period after application.
TERMS, CONDITIONS & GUARANTEE
ACI Asphalt & Concrete, Inc. hereafter referred to as “ACI”
Asphalt Guarantee
Fully covering labor, and materials against breakup for a period of year(s).
Any request made to “ACI” by the owner, general contractor or their respective authorized supervisory employees to overlook the
standard practices and procedures previously stated in these conditions will automatically negate any guarantee of material or
workmanship whether such guarantee is written, implied or orally stated. Guarantee does not cover markings from sharp pointed objects,
power steering created tire marks, or drippings from solvents and gas. Guarantee does not cover heaving of asphalt, subgrade failure,
settling or expansion cracks due to freeze thaw weather cycle or tree roots. Asphalt is a machine laid surface which has seams that are
sometimes noticeable. The surface texture of hand laid areas may not be uniform to machine laid areas, due to hand raking. “ACI” shall
not be liable for water ponding or retention in surrounding areas of patching due to current grades or construction method chosen.
Guarantee does not cover damage caused by acts of third parties.
Sealcoat Guarantee
“ACI” will guarantee sealers(Asphalt emulsions and Blended sealers) from chipping and peeling for a period of 1 year. This guarantee
does not include wearing of sealer and adherence of sealer to oil spots, hydraulic spots and tree sap. Guarantee does not cover damage
caused by acts of third parties.
Terms: Terms are as stated above. If payment is not made in accordance with the above terms, the customer agrees to pay any
collection, legal fees and interest for any unpaid balances. Interest will accrue at a rate of .66% per month from the date of completion.
Terms of guarantee are contingent upon receipt of final payment.
PRICE is based on specifications and estimates as shown on the “Proposal & Agreement”. Field measurements may be made when the
job is completed and any changes of specifications, areas, tonnage, or gallonages will correspondingly change the completed price. One
mobilization charge is included in price, unless stated on the “Proposal & Agreement”. Additional mobilization charges will be at the rate
set forth in agreed upon change order which is made part and parcel of these conditions and “Proposal & Agreement”.
ADDITIONAL CHARGES may become necessary if permit(s), extra equipment time, extra materials, or extra labor would become
necessary to complete this job, if subgrade is not up to acceptable specifications or requirements or if extra services and/or materials are
requested in writing by the owner or general contractor of their respective authorized supervisory employees. “ACI” shall not be held
liable for damage to surrounding areas of driveway or parking lot due to poor subgrade, moisture, or other unforeseen circumstance.
Additional charges would be in accordance with the agreed upon change order which is made part and parcel of these conditions and
“Proposal & Agreement”. “ACI” reserves the right to refuse additional equipment time, extra materials or extra labor if it would interfere
with advanced scheduling with other customers with whom previous commitments had already been extended.
Conditions: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are contracted to do the work
as specified and the stated payment terms are acceptable. All material is guaranteed to be as specified. All work is to be completed in a
workmanlike manner in accordance to standard construction practices. Any deviation from this proposal or extra work will be executed
only upon owner or owners agent orders and may become an extra charge over and above this agreement. All agreements are
contingent upon delays beyond our control. Property owner to carry fire, tornado and any other necessary insurance. We do not
guarantee against pavement cracking from weather cycles and water ponding or retention due to pre-existing grade conditions. We
cannot guarantee drainage or against water ponding on new asphalt without adequate slope. In flat areas water will not drain unless
there is more than 1-1/2” of fall per 10 feet. “ACI” shall not be liable for damage to adjoining concrete flat work by asphalt installation
equipment during standard construction procedures. Proposal excludes the following unless otherwise stated in the proposal: Permits,
Excavation, Staking, Material Testing, Sod Restoration & Landscaping, Manhole/Catch Basin/Gate Valve Adjustments or Repairs,
Vegetation Removal, SAC/WAC Charges, Dewatering. You authorize ACI to perform a credit investigation and /or obtain credit reports
from credit reporting agencies.
Notice Of Lien: A) Any person or company supplying labor or materials for this improvement to your property
may file a lien against your property if that person or company is not paid for the contributions. B) Under
Minnesota Law, you may have the right to pay persons who supplied labor or materials for this improvement
directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days
after completion of the improvement unless we give you a Lien Waiver signed by persons who supplied any Labor
and Material for the improvement and who gave you timely notice.
Customer Initial ______Date ___________
Professional People, Progressive Solutions
www.aciasphalt.com
Proposal # 2015-2305
CityCouncilAgenda:-08/24/2015
2G.ConsiderationforapprovaltorenewcontractwithJakesExcavatingforexcavationsand
burialsatRiversideCemetery.(T.P)
A.REFERENCEANDBACKGROUND:
TheCityofMonticelloParksDepartmentmanagesalloperationsofRiversideCemetery.
WecurrentlycontractwithJakesExcavatingforexcavationsandburialsatthecemetery.
Jakeshasbeenveryefficientthroughoutthecontractperiodforthepastthreeyears.Withthe
contractupinNovember,weplacedanRFPontheCity’swebsiteandalsocontactedlocal
excavationcontractorswithinformationabouttheproposalrequest.Thequotesweredueon
August14,2015,andwereceivedonequotefromJakesExcavating.Thepricesquoted
remainthesameasthepreviouscontractwiththeonlyexceptionofaddinganextensionof
onemonthtothefrostfee.Thenewcontractwillremainineffectforthreeyearsbeginning
onDecember1,2015,withaone-yearcontractextension.
A1 BudgetImpact:Thereisnobudgetimpactasthecostsarepass-thrucosts.The
burialfeeswillbe$400(Monday-Friday),$450(Saturday-Sunday),and$100for
thefrostcharge(December-March).
A2 StaffWorkloadImpact:Noadditionalstafftimeisneededandstaffwillcontinue
toworkwithfuneralhomesandindividualsrequestingburials.
B.ALTERNATIVEACTIONS:
1.Motiontoapproveathreeyearcontractwithaoneyearextensionbeginning
December1,2015,withJakesExcavationofBuffalo,Minnesota,forexcavations
andburialsatRiversideCemetery.
2.MotiontodenythecontractwithJakesExcavating
C.STAFFRECOMMENDATION:
CitystaffrecommendsAlternative#1.StaffhasagoodworkingrelationshipwithJakes
ExcavatingandthecompanyhasbeenveryefficientandreliablewithburialsatRiverside
Cemeteryforthepastthreeyears.
D.SUPPORTINGDATA:
•QuotefromJakesExcavating
•Specificationsavailableatcityhalluponrequest.
1
CityCouncilAgenda–08/24/2015
1
2H.ConsiderationofadoptingResolution2015-063approvinganamendmenttothe
DevelopmentContractforMonticelloBusinessCenter8th AdditionforPhaseII
oftheMonticelloCrossingsProject.Applicant:IRETProperties,aNorth
DakotaLimitedPartnership (AS)
A.REFERENCE&BACKGROUND:
TheCityCouncilisaskedtoadoptanamendmenttothedevelopmentcontractfor
MonticelloCommerceCenter8th Addition.PerSection4(B)oftheoriginal
developmentcontract,anamendmenttodevelopmentcontractisrequiredforthe
applicanttocontinuetothesecondphaseoftheirpreviouslyapprovedproject,known
asMonticelloCrossings.
Assuch,anamendedcontractforthesecondphaseoftheprojecthasbeenpreparedat
therequestoftheapplicantforCouncilreviewandapproval.Thecontractoutlines
theapplicabletrunkandparkdedicationschargesassociatedwiththesecondphaseof
theproject.Thefirstphaseconsistedof136units,thesecondphaseconsistsof66
units.Theamendedcontractalsoprovidesfortherequiredprojectescrowsbeyond
thoserequiredandpaidwiththefirstphase.Allothertermsoftheoriginalcontract
remainunchangedandapplicable.
Therezoning,platting,andconditionalusepermitforthefull202unitmulti-family
project(includingbothfirstandsecondphases)wasapprovedbytheCityCouncilon
August25th,2014.Noadditionallanduseapprovalsarethereforenecessaryforthe
secondphase.
Theamendmenttodevelopmentcontractandtheoriginalcontractareincludedfor
Council’sreference.
B.ALTERNATIVEACTIONS:
a)MotiontoapproveResolution2015-063approvingtheAmendmenttothe
DevelopmentContractfortheMonticelloCommerceCenterEighthAddition,
basedonfindingsinsaidresolution.
b)MotiontodenyResolution2014-04approvingtheAmendmenttothe
DevelopmentContractfortheMonticelloCommerceCenterEighthAddition.
FindingsfordenialbytheCityCouncilwouldneedtobeaddedasapartof
thismotion.
C.STAFFRECOMMENDATION:
StaffrecommendsAlternative1above.Theamendedcontractisarequirementofthe
originaldevelopmentcontractforthesecondphase.Alltermsnotmodifiedbythe
amendedcontractremaininforceandallconditionsofpriorcontinuetoapprovals
apply.
CityCouncilAgenda–08/24/2015
2
D.SUPPORTINGDATA:
Resolution2015-063
AmendmenttoDevelopmentContract,MonticelloCommerceCenter8th Addition
DevelopmentContract,MonticelloCommerceCenter8th Addition
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2015-063
APPROVING AN AMENDED DEVELOPMENT CONTRACT FOR MONTICELLO
COMMERCE CENTER EIGHTH ADDITION
WHEREAS, the City Council approved a development contract for the Monticello Commerce
Center Eighth Addition on August 25th, 2014.
WHEREAS, the development contract provides for the assignment of the specific terms and
conditions for public improvements and the specific terms and conditions for plat development,
WHEREAS, the applicant has requested an amendment in the contract as related to the second
phase of development and as required within the original development contract.
WHEREAS, the City Council has reviewed the proposed amended development contract and
finds it consistent with City ordinance and policy, and with the original development approvals.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Monticello, Minnesota, that
the Development Contract for Monticello Commerce Eighth Addition, as amended, with
assignment of the specific terms and conditions for public improvements and the specific terms
and conditions for plat development, is hereby approved.
ADOPTED BY the City Council of the City of Monticello, Minnesota, this 24th day of August,
2015.
CITY OF MONTICELLO
_______________________________
Brian Stumpf, Mayor
ATTEST:
______________________________
Jeff O’Neill, City Administrator
1
182982v1
(reserved for recording information)
AMENDMENT TO DEVELOPMENT CONTRACT
MONTICELLO COMMERCE CENTER EIGHTH ADDITION
THIS AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this
________ day of ____________________, 2015, by and between the CITY OF MONTICELLO,
a Minnesota municipal corporation (“City”), and IRET PROPERTIES, a North Dakota Limited
Partnership (the “Developer”).
RECITALS
A. The City and Developer entered into a Development Contract dated November 26,
2014, and filed for record with the Wright County Recorder on November 26, 2014, as
Document No. A1276189 for the plat of Monticello Commerce Center Eighth Addition (the
“Development Contract”) which included one (1) residential lot to be developed as a 202 unit
multi-family residential building.
B. Developer proposed development of the plat with a three story multi-family
residential building to be constructed in two phases. Developer constructed the first phase
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consisting of 136 units (“Phase I”) and now desires to con struct the second phase consisting of
66 units (“Phase II”).
C. Paragraph 4B of the Development Contract required an amendment of the
Development Contract prior to construction of Phase II.
D. Developer seeks approval to amend the Development Contract t o provide for the
construction of Phase II.
NOW, THEREFORE, the City and the Developer have agreed to the following:
1. Amendment of Paragraph 4B of the Development Contract. Paragraph 4B of
the Development Contract is hereby amended to read as follows:
B. Monticello Commerce Center Eighth Addition consists of a single three-story
multi-family residential building, to be constructed in two phases. The first phase shall consist of
136 units. The second phase of development shall consist of 66 units.
2. Amendment of Paragraph 15 of the Development Contract. Paragraph 15 of
the Development Contract is hereby amended to read as follows:
15. CITY PLANNING AND LEGAL EXPENSES, CITY ENGINEERING
ADMINISTRATION AND CONSTRUCTION OBSERVATION. Fees for City staff administration
relating to processing of the plat and associated administration, planning and legal costs shall
be $2,000 for Phase I and $2,000 for Phase II. A deposit of $2,000.00 for Phase I and
$2,000.00 for Phase II is required to cover the cost of engineering services provided by the
City’s consultants. This amount covers the following: Street and utility plan review and project
administration, monitoring of construction observation, consultation with Developer and his
engineer on status or problems regarding the project, coordination for final inspection and
acceptance, project monitoring during the warranty period, and processing of requests for
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reduction in security Also included in the 7% deposit is the cost of construction observation
performed by the City’s in-house engineering staff or consulting engineer. Construction
observation will be billed on hourly rates. Upon completion of the project this amount shall be
reconciled against actual City costs. This amount also covers Grading pl an review and project
administration, monitoring of construction observation, consultation with Developer and his
engineer on status or problems regarding the project, coordination for final inspection and
acceptance, and processing of requests for reduction in security. Upon completion of the
project this amount shall be reconciled against the actual City costs.
The cash deposits for Phase II shall be paid prior to release of this Amendment for
recording and construction of Phase II.
3. Amendment of Paragraph 18 of the Development Contract. Paragraph 18 of
the Development Contract is hereby amended to read as follows:
18. SANITARY SEWER AREA CHARGE.
A. The Development is subject to a sanitary sewer area charge of
$1,223.00/residential unit for Phase I. The area charge is based on the total number of
residential units in the final plat and is calculated as follows:
136 residential units x $1,223.00 = $166,328.00
The total sanitary sewer area charge of $166,328.00 for Phase I of development (136
units) shall be paid by Developer in cash prior to issuance of a building permit for Phase I. If
Developer fails to pay the sanitary sewer area charge prior to September 21, 2015, Developer
shall pay the sanitary sewer area charge at the rate in effect at the time of payment.
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182982v1
B. The Development is subject to a sanitary sewer area charge of
$1,272.00/residential unit for Phase II. The area charge is based on the total number of
residential units in Phase II and is calculated as follows:
66 residential units x $1,223.00 = $83,952.00
The total sanitary sewer area charge of $83,952.00 for Phase II of development (66 units)
shall be paid by Developer in cash prior to issuance of a building permit for Phase II. If Developer
fails to pay the sanitary sewer area charge prior to September 21, 2016, Developer shall pay the
sanitary sewer area charge at the rate in effect at the time of payment.
4. Amendment of Paragraph 19 of the Development Contract. Paragraph 19 of
the Development Contract is hereby amended to read as follows:
19. WATER MAIN AREA CHARGE.
A. The Development is subject to a water main area charge of $907.00 per residential
unit for Phase I. The area charge is based on the number of residential units in the final plat and
is calculated as follows:
136 residential units x $907.00/residential unit = $123,352.00
The total watermain area charge of $123,352.00 for Phase I of development (136 units)
shall be paid by Developer in cash prior to issuance of a building permit for Phase I. If Developer
fails to pay the watermain area charge prior to September 21, 2015, Developer shall pay the
watermain area charge at the rate in effect at the time of payment.
B. The Development is subject to a water main area charge of $943.00 per
residential unit for Phase II. The area charge is based on the number of residential units in the
final plat and is calculated as follows:
66 residential units x $943.00/residential unit = $62,238.00
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The total watermain area charge of $62,238.00 for Phase II of development (136 units)
shall be paid by Developer in cash prior to issuance of a building permit for Phase II. If Developer
fails to pay the watermain area charge prior to September 21, 2016, Developer shall pay the
watermain area charge at the rate in effect at the time of payment.
5. Amendment of Paragraph 20 of the Development Contract. Paragraph 20 of
the Development Contract is hereby amended to read as follows:
20. PARK DEDICATION.
A. Prior to issuance of a building permit for Phase I, the Developer shall pay a cash
contribution of $69,554.48 in satisfaction of the City’s park dedication requirements for 136
units. The share is calculated as follows:
Acreage (11% of 12.695 AC) Value (11% of
$1,248,900 value)
Park Dedication Required 1.39 AC $137,379.00
Calculation of Parking and
Access Easement under
Paragraph 22.
.43 AC (18,789 SF, including
access drive, parking
magazine drive aisle, stalls
and perimeter green space)
31%
$42,587.49
Park Dedication Credit .43 AC
80% credit provided for cross
easement area
$34,070
Balance of Park Dedication
Required
.96 AC $103,309
Number of Units, Phase 1 136
Total Unit Charge/Unit $511.43/unit
Total Park Dedication
Charge, Phase 1, 136 units
$69,554.48
If the park dedication charge for Phase I of the Development is not paid prior to September 21,
2015, Developer shall pay the park dedication charge for Phase I in effect at the time of
payment.
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B. Prior to issuance of a building permit for construction of Phase II, the Developer shall
pay a cash contribution of $33,726.00 in satisfaction of the City’s park dedication requirements
for 66 units. The share is calculated as follows:
66 residential units x $511.00/residential unit = $33,726.00
If the park dedication charge for Phase I of the Development is not paid pri or to September 21,
2016, Developer shall pay the park dedication charge for Phase I in effect at the time of
payment.
6. Amendment of Paragraph 24 of the Development Contract. Paragraph 24 of
the Development Contract is hereby amended to read as follows:
24. SUMMARY OF CASH REQUIREMENTS.
A. To guarantee compliance with the terms of this agreement, the Developer shall
furnish the City with a cash escrow of $44,100.00 for City planning and legal fees, and
engineering expenses and administration upon issuance of a building permit for Phase I. If
Developer fails to provide the cash escrow prior to September 21, 2015, the amount of the cash
escrow will be based on the City’s cost estimates for the items identified below at the time of
submittal of the cash escrow. The following is a summary of the cash requirements under this
Contract for Phase I which must be furnished to the City prior to the time of final plat approval:
Legal & Planning $ 2,000.00
Engineering $ 2,000.00
Re-Striping, Meadow Oak Avenue $ 2,000.00
Grading $ 38,100.00
Total Cash Requirements Phase I: $ 44,100.00
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B. To guarantee compliance with the terms of this agreement, the Developer shall
furnish the City with a cash escrow of $4,000.00 for City planning and legal fees, and engineering
expenses and administration upon issuance of a building permit for Phase II. If Developer fails to
provide the cash escrow prior to September 21, 2016, the amount of the cash escrow will be
based on the City’s cost estimates for the items identified below at the time of submittal of the
cash escrow. The following is a summary of the cash requirements under this Contract which
must be furnished to the City prior to the time of final plat approval:
Legal & Planning $ 2,000.00
Engineering $ 2,000.00
Total Cash Requirements: $ 4,000.00
C. Fees shall be reconciled to actual expenses upon completion of the development
and shall be paid per Section 25A.
7. Amendment of Paragraph 25D of the Development Contract. Paragraph 25D of
the Development Contract is hereby amended to read as follows:
D. The Developer shall pay, or cause to be paid when due, and in any event
before any penalty is attached, all special assessments and charges referred to in this Contract.
This is an obligation of the Developer and shall continue in full force and effect even if the
Developer sells a part or parts of the platted land. The charges set forth in Paragraphs 17, 18, 19,
and 20, supra., are summarized as follows:
Phase I
Storm Sewer $ 85,534.50
Sanitary Sewer $ 166,328.00
Water Main Area $ 123,352.00
Park Dedication $ 33,726.00
8
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Total for Phase I $ 444,768.98
Phase II
Sanitary Sewer $ 83,952.00
Water Main Area $ 62,238.00
Park Dedication $ 69,554.00
Total for Phase II $ 215,744.00
The $444,768.98 for Phase I shall be paid in cash prior to issuance of a building permit for
Phase I. The $215,744.00 for Phase II shall be paid in cash prior to issuance of a building
permit for Phase II. In lieu of a cash payment, Developer may elect to have the charge s, which
shall be at prevailing rate, assessed against the lots (not outlots) in the plat over a five (5) year
period with interest on the unpaid balance calculated at Prime Rate of interest plus 1.5% per
annum, by entering into a special assessment agreement for the assessment prior to issuance
of a building permit. Prime Rate shall be the prime rate announced daily in the Wall Street
Journal (“Prime Rate”). If the Wall Street Journal ceases to publish the prime rate, then the
Prime Rate shall be the rate of interest quoted in the Federal Reserve Statistical Release,
selected Interest Rates (H.R. 15). If a range is shown for the Prime Rate, then the highest
number in the range shall be used. The assessments may be assumed or prepaid at any time.
8. DEVELOPMENT CONTRACT. The Development Contract between Developer
and the City, as previously amended, shall remain in full force and effect exc ept as specifically
amended herein.
[remainder of page intentionally left blank]
[signature pages to follow]
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182982v1
CITY OF MONTICELLO
BY:_________________________________________
Brian Stumpf, Mayor
(SEAL)
AND _______________________________________
Jeff O’Neill, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2015, by Brian Stumpf and by Jeff O’Neill, the Mayor and City
Administrator, respectively, of the City of Monticello, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
__________________________________________
NOTARY PUBLIC
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182982v1
DEVELOPER:
By: Andrew Martin
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this ________ day of ___________,
2015, by Andrew Martin, the Senior Vice President of IRET, Inc., a North Dakota corporation,
the General Partner of IRET Properties, a North Dakota Limited Partnership.
__________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
CityCouncilAgenda–08/24/2015
1
4A.ConsiderationtoadoptOrdinanceNo.#620forAmendmenttotheMonticello
ZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-Specific
StandardsandSection3–AccessoryUseStandardsandChapter8,Section4–
DefinitionsasrelatedtoregulationsforSolarEnergySystems.Applicant:City
ofMonticello(NAC)
PlanningCaseNumber:2014-054
A.REFERENCE&BACKGROUND
Request(s):AmendmentstotheZoningOrdinanceaddressingSolarEnergy
productionasprincipaloraccessoryuses,anddefinitionsofEssentialServicesand
Utilitiesasusesinvariouszoningdistricts.
DeadlineforDecision:November,2015
LandUseDesignation:Varies
UPDATEANDSTATUS
AttheJulymeetingofthePlanningCommission,theCommissiontookactionto
unanimouslyrecommendadoptionofproposedordinancelanguagerelatedtosolar
energysystemsasanaccessoryuseofproperty,withprincipalusesolarenergy
systemslimitedtoplannedunitdevelopments.TheCommission’srecommendation
followedmonthsofanalysisanddiscussionbytheCommission.Theordinance
effectingtheCommission’srecommendationcontainsaseriesofdisparate
components,includingthefollowing:
ReviseChapter5,Table5-1,usesbydistrictrelatingtoUtilities-Major
ReviseChapter5,Table5-4,AccessoryUses
ReviseChapter5,Section2(d)(9)relatingtoUtilities
ReviseChapter5,Section3(d)(29)relatingtoSolarEnergySystemsas
AccessoryUses
Revisechapter8,section4,definitionsrelatingtoEssentialServices,Solar
EnergySystems,andUtilities
Forreference,theentirestaffreportandexhibitsfromtheJanuarymeetingare
includedwiththisreport,astheyprovideafullbackgroundontheordinance
developmentandcurrentordinancelanguage.
TheCommission’sreviewprocessincludedapublichearinginJanuary,whichwas
continuedforcommentsthroughtotheFebruary,March,April,MayandJuly
Commissionmeetings.
Throughtheprocess,staffprovidedtheCommissionwithdraftsoftheordinance,
ultimatelyaddinglanguagespecifyingthatsolargenerationfacilitiesasaprincipal
CityCouncilAgenda–08/24/2015
2
useofpropertyarenotallowedinanyzoningdistrict,butthatanapplicantcouldseek
approvalthrougharezoningtoPlannedUnitDevelopment(PUD).TheCommission
approvedtheordinancewiththisclarification.
ANALYSIS
InNovemberof2014,theCityenactedaninterimordinance,ormoratorium,onthe
considerationofnewsolarenergyinstallationsthatwouldcomprisetheprincipaluse
ofpropertyintheCity.ThemoratoriumwasadoptedtoallowtheCitytoconsider
adequateregulationsforsolarenergyproductionasproposalsforsuchfacilitieswere
increasingintheareaandaroundthestate.
Afterreviewingtheoptions,Citystaffforwardedaproposedordinancetothe
PlanningCommissionrecommendingthatprincipalusesolarinstallationsnotbe
includedinthezoningordinance,butthataccessoryusesolarinstallations(roof-
mountedand/orground-mounted)beallowed,mostaspermitteduses,withsome
installationsrequiringaConditionalUsePermit.Atpresent,theCityallowssolar
energysystemsaspermittedaccessoryusesinalldistricts.Theproposedordinance
alsocreatedregulationswhichdefinehowaccessorysolarinstallationscouldbe
developed.TheJanuarystaffreportprovidedassupportingdataoffersthe
backgroundandanalysisfortheproposedordinance.
ThePlanningCommissionheardtestimonyfromsolardevelopersduringtheJanuary
meetingrequestingthattheCityconsiderallowingprincipalusesolaronacase-by-
casebasisthroughanoverlaydistrict.
Itshouldbenotedthattheregulationsasdraftedintheproposedordinance
amendmentwouldnotprecludeasolargardendeveloperfromapproachingtheCity
andseekingarezoningtoPlannedUnitDevelopment(PUD),inwhicha“custom”
zoningdistrictiswrittenfortheproposedPUDuser.Inthisway,theCitywouldhave
theabilitytoconsiderprincipalusesolar(includingfacilitiesuptothe5megawatt
threshold)ifitweretofindthatauniquedevelopmentandlocationjustifiedthis
approach.ThePUDzoningwouldallowtheCitytodevelopstandardsspecifictothe
projectproposed,includingtheprojectsize,sitecharacteristics,andcompatibilityof
theprojectwithsurroundinguses.
Assuch,theproposedordinanceisstructuredtoallowaccessorysolarfacilitiesin
mostdistricts,andestablishesaseriesofperformancestandardsforthatallowance.
Toensurethatsolarpanelinstallationsaretrulyaccessory,therearespecific
limitationsonsizeandextent,andtheordinanceprovidesthatground-mountedsolar
panelsincommercialandindustrialdistrictsrequireaConditionalUsePermit.
Otherchangesmadeasapartoftheordinanceareincorporatedtoclarifydefinitions
andrelatedportionsofthecodetoensurethateachsectionproperlyaddressesutility
usesaccordingtotheordinanceintent.
CityCouncilAgenda–08/24/2015
3
UpdatesonthesolarordinancewereprovidedtotheIndustrialandEconomic
DevelopmentCommittee,whichdidnotelecttomakeaformalrecommendationon
theissue.
RELATEDLEGISLATIVEANDSOLARDEVELOPMENTACTIVITY
PriortothePlanningCommission’saction,onJune25th,theMinnesotaPublic
UtilitiesCommissionapprovedasettlementbetweenXcelEnergy,thestate'slargest
utility,andanumberofcommunitysolargardendeveloperswhichcapstheXcel
Energycommunitysolarprogram,knownasSolarRewards,at5megawatts.A5
megawattfacilitywouldconsumeapproximately40acresofland.Projectsat5
megawattswouldcomeunderlocalreviewundercurrentstatutes.Therefore,itis
staff’sunderstandingatthistimethatMonticello’szoningordinanceswouldapplyto
anySolarRewardsprojectproposedwithintheCity.
Morerecently,WrightCountyadoptednewordinanceregulationsallowingsolar
energygenerationinagriculturalareasforprojectsupto10megawatts(about80
acres).ThisregulationisnoteffectiveinthecitiesofWrightCounty,norinthe
MonticelloOrderlyAnnexationarea.TheMOAAordinancecontinuestoprohibit
solarenergygenerationasaprincipaluseofproperty.
Atthesametime,theMinnesotaLegislaturewasconsideringanumberoflegislative
proposalsdealingwithlocalgovernmentversusstate-levelcontroloflargesolar
arrays.
Theoriginalframeworkestablishedbypreviouslegislaturescreatedasetof
incentivesandprogramswherebysmallerprincipalusesolarinstallationswouldbe
regulatedbythestatePublicUtilitiesCommission(PUC)throughvariouscommunity
gardenprograms.Thesesolarfacilitieswouldstillbesubjecttoreviewand
permittingprocessesasguidedbylocalzoningauthorities.
Becauseseveralofthefacilitiesbeingproposedwereaggregationsofthe1MW
facilitiescovering,insomecases,hundredsofacres,locallegislatorsintroducedthe
issueofwhethersuchprojectsshouldbereviewedbysomeleveloflocalgovernment.
Undercurrentlegislation,solarfacilitiesabove50MWrequireonlyPUCreview,
althoughlocalreviewisoptional.Thenewlegislationdiscussedthissessionwould
havepotentiallyamendedtheseregulations.However,attheendofthelegislative
session,theseproposalsdonotappeartohavepassedandthereforethe50MW
thresholdforPUCreviewisstillapplicable.
Inaddition,aspreviouslynoted,thePublicUtilitiesCommissionwasaskedto
addressthesizeofsolarenergyfarmsinrelationshiptotheXcelEnergySolar
Rewardsprogramspecifically.
AstheCouncilisaware,paralleltothisprocess,theCitywasdiscussingwithasolar
developertheirconceptofalargesolardevelopmentontheformerSilverSprings
CityCouncilAgenda–08/24/2015
4
GolfCourseproperty.Atthispoint,thosediscussionsareonholdastheCityhas
indicatedthatthesolardevelopmentwouldbetreatedjustlikeanyotherwithregard
tolanduse,infrastructure,anddevelopmentfees.
B.ALTERNATIVEACTIONS
1.MotiontoadoptOrdinanceNo.620,basedonthefindingsadoptedbythe
PlanningCommissionintheResolutionNo.PC-2015-003.
2.MotiontodenyadoptionamendmentstotheZoningOrdinanceasproposedin
OrdinanceNo.620,basedonfindingstobemadebytheCityCouncil.
3.MotiontotableactionontheOrdinance,pendingadditionalinformation.
C.STAFFRECOMMENDATION
Planningstaffrecommendsadoptionoftheordinance.Asnoted,theordinance
specificallycreatesopportunitiesforindividualresidentsandpropertyownersto
constructsolarenergygenerationfacilitiesasaccessoryusestotheircurrentlanduse,
andmakesreasonableaccommodationstopermitsolarenergyproductioninthatway.
Becauselarger,utility-scalesolarprojectshaveahighlikelihoodofinterferingwith
thetypicalurbandevelopmentpattern,principalusesolarprojectsarenotallowed,
subjecttoarequestforaPlannedUnitDevelopmentzoningdistrict,alongwiththe
significantlevelofnegotiationandinvestigationrequiredbythatprocess.Inthis
way,theCitycanbeassuredthatitsinvestmentsininfrastructureandotherplanning
processesarenotdisruptedbyunanticipatedsolarinstallationsinimportantgrowth
areas.
D.SUPPORTINGDATA
DraftOrdinanceNo.620
PlanningCommissionResolution2015-003
January14,2015PlanningCommissionStaffReport
PlanningCommissionMinutes,January14th,2015
DraftPlanningCommissionMinutes,July7th,2015
MonticelloZoningOrdinance,Excerpts:
•Chapter5,Sections1–UseTable
•Chapter5,Section2–Use-SpecificStandards
•Chapter5,Section3–AccessoryUseStandards
•Chapter8,Section4–Definitions
1
CITY OF MONTICELLO, MINNESOTA
WRIGHT COUNTY
ORDINANCE NO. 620
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE,
KNOWN AS THE ZONING ORDINANCE, ADDRESSING THE FOLLOWING:
REVISE CHAPTER 5, TABLE 5-1, USES BY DISTRICT RELATING TO
UTILITIES-MAJOR
REVISE CHAPTER 5, TABLE 5-4, ACCESSORY USES BY DISTRICT
REVISE CHAPTER 5, SECTION 2(D)(9) RELATING TO UTILITIES
REVISE CHAPTER 5, SECTION 3(D)(29) RELATING TO SOLAR ENERGY
SYSTEMS AS ACCESSORY USES
REVISE CHAPTER 8, SECTION 4, DEFINITIONS RELATING TO
ESSENTIAL SERVICES, SOLAR ENERGY SYSTEMS, AND UTILITIES
The City Council of the City of Monticello hereby ordains:
Section 1. Chapter 5, Table 5-1, Civic and Institutional Uses is hereby amended as follows:
Utilities (major) shall be a Conditional Use (C) in the B-2, I-1, and I-2 Districts. In all other
Districts, Utilities (major) shall be deleted as an allowable use.
Section 2. Chapter 5, Table 5-4, Solar Energy System, is hereby amended as follows:
Solar Energy System shall be a Permitted Accessory Use (P) in all zoning districts, with
Additional Requirements found in 5.3(D)(29)(a) and 5.3(D)(29)(b)
Section 3. Chapter 5, Section 2(D)(9) is hereby amended to read as follows:
(9) Utilities (major)
(a) An electrical power facility, substation, or transmission station as a principal use of
property shall be set back at least 100 feet from all lot lines. Service or storage yards shall
be prohibited.
(b) All commercial WECS systems shall adhere to the requirements of Section 4.12 in
this ordinance.
Section 4. Chapter 5, Section 3(D)(29) is hereby amended to read as follows:
(29) Solar Energy Systems
(a) Solar Energy Systems
2
(i) All solar energy systems shall be operable and maintained in good repair.
(ii) Solar energy systems shall meet all required setbacks and height requirements
of the underlying zoning district.
(iii) Solar energy systems shall be an integral part of the structure to which they
are attached.
(iv) As a means of evidencing existing solar access conditions prior to installation,
the owner of a solar energy system may file notarized photographs of the
subject area with the Community Development Department prior to
installation of said system.
(v) Solar energy systems shall be allowed on roofs of principal and accessory
buildings, provided other requirements of this section are met.
(vi) Solar energy systems shall be designed to minimize glare with adequate
screening and/or coatings, as appropriate.
(vii) Solar energy systems shall be located in such a way as to be screened from
visibility of the public right of way, or shall be integrated into the architecture
of the structure so as to be visually inconspicuous.
(viii) Ground-mounted solar energy systems shall be located only in the rear yard of
residential property, and shall not occupy an area more than 20% of the size of
the perimeter foundation of the principal building.
(b) Solar Energy Systems in Business (B) and Industrial (I) districts and the CCD
District.
(i) Solar Energy Systems in the B, I, and CCD Districts shall comply with the
provisions of Section 5.3(D)(29)(a) (i) through (vi).
(ii) Roof-mounted Solar Energy Systems in these districts shall be allowed as
permitted accessory uses on principal and accessory buildings, provided such
systems do not extend more than six (6) feet above the height of the roof
where they are mounted.
(iii) Ground mounted Solar Energy Systems in these districts shall be allowed by
Conditional Use Permit, and together with accessory buildings, shall not
exceed an area of any parcel greater than that allowed for accessory buildings
in the applicable zone.
(iv) Ground mounted Solar Energy Systems in these districts shall be allowed only
when the property owner can show that roof-mounted systems are not feasible
due to building structural issues.
Section 5. Chapter 8, Section 4 (Definitions) is hereby amended to include the following terms
as defined, or redefined:
ESSENTIAL SERVICES: Public or private utility systems for gas, electricity,
steam, sewer and water; voice, television, and digital communications systems; and
waste disposal and recycling services. These services include underground, surface,
and overhead systems and all accessories thereto such as poles, towers, wires, mains,
drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks,
conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift
stations, hydrants, and other similar features necessary for the function of the
essential service. Wireless radio frequency reception and transmission antennas and
support structures shall not be considered an essential service. Essential Services do
3
not include buildings or uses that include human occupancy or activity beyond
occasional service or maintenance.
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect
solar energy and convert and store it for useful purposes including heating and
cooling buildings or other energy-using processes, or to produce generated power by
means of any combination of collecting, transferring, or converting solar-generated
energy. Solar Energy Systems are allowed only as accessory structures in any
zoning district other than Planned Unit Development Districts, subject to the
requirements of Chapter 5.3 of this Ordinance.
UTILITIES – MAJOR: Major utilities shall include the following:
(A) Public infrastructure services providing regional or community-wide service that
have regular employees on site during common working hours, and entail the
construction of new buildings or structures such as waste treatment plants, potable
water treatment plants, and solid waste facilities, and electrical substations.
(B) Commercial wind energy conversion systems (public or private).
(C) Electrical substations.
Section 6. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 7. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this 24th day of August, 2015.
CITY OF MONTICELLO
__________________________________
Brian Stumpf, Mayor
ATTEST:
___________________________________
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-003
1
ADOPTING AMENDMENTS TO THE MONTICELLO ZONING ORDINANCE,
CHAPTER 5, SECTIONS 1 – USE TABLE, SECTION 2 – USE-SPECIFIC
STANDARDS AND SECTION 3 – ACCESSORY USE STANDARDS AND CHAPTER
8, SECTION 4 – DEFINITIONS AS RELATED TO REGULATIONS
FOR SOLAR ENERGY SYSTEMS
WHEREAS, the City of Monticello has been presented with an interest in the development
of Solar Energy Systems as stand-alone uses of property; and
WHEREAS, interest in such development has occurred both within City boundaries and
within the Monticello Orderly Annexation Area (MOAA); and
WHEREAS, the City, and the surrounding MOAA, has been planned for urban development,
including the generation of employment, housing, and other urban uses; and
WHEREAS, urban development both generates costs for services, as well as taxes and fees
that are designed to pay for said services; and
WHEREAS, the long-term planning for the City and the MOAA has been undertaken to
ensure that the City’s growth can be accomplished in a fiscally sound manner; and
WHEREAS, the City conducts said planning pursuant to Minnesota Statutes Chapter 462,
which identifies economic development and fiscal planning as important goals of managing
land use and growth; and
WHEREAS, the City finds that large areas of land which may not generate urban
development or impacts is inconsistent with the long-term land use and infrastructure
planning of the City; and
WHEREAS, Solar Energy Systems, as a stand-alone use of property does not constitute an
urban use nor generate urban impacts; and
WHEREAS, Solar Energy Systems developed as sole uses of property interfere with the
City’s planning for urban development; and
WHEREAS, Solar Energy Systems are beneficial in meeting the State’s energy needs; and
WHEREAS, Solar Energy Systems can compatibly co-exist with other urban development
when constructed as accessory structures; and
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-003
2
WHEREAS, the Planning Commission held a public hearing on January 13th, 2015, February
3rd, 2015, March 3rd, 2015, June 2nd, 2015 and July 7th, 2015 on the application and members
of the public were provided the opportunity to present information to the Planning
Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff
report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval:
1. Solar Energy Systems are best developed in the urban area of Monticello, or in the
future urban area of the MOAA, as accessory structures to other principal uses of
property.
2. Solar Energy Systems, as stand-alone land uses, are more typical of rural uses in that
they generate low rates of property tax, and little or no trunk infrastructure fees,
traffic, housing, or employment.
3. Solar Energy Systems are designed to stand as long-term uses of land – typically 25
years or more.
4. Such uses are inconsistent with the City’s planning for urban growth, and threaten the
financial feasibility of long-term infrastructure investments.
5. Such uses, if located in urban areas, result in the spreading of infrastructure costs over
other land uses and property owners.
6. Such uses, if located in urban areas, have the effect of increasing sprawl, spreading
development over a larger geographic region.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, Minnesota, that the Planning Commission recommends that the City Council
adopts Ordinance No. 613:
ADOPTED this 7th day of July, 2015, by the Planning Commission of the City of
Monticello, Minnesota.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC-2015-003
3
MONTICELLO PLANNING COMMISSION
By: _______________________________
Brad Fyle, Chair
ATTEST:
____________________________________________
Angela Schumann, Community Development Director
PlanningCommissionAgenda:1/14/15
1
6.PublicHearing–ConsiderationofarequestforAmendmenttotheMonticello
ZoningOrdinance,Chapter5,Sections1–UseTable,Section2–Use-Specific
StandardsandSection3–AccessoryUseStandardsandChapter8,Section4–
DefinitionsasrelatedtoregulationsforSolarEnergySystems.(NAC)
Property:Legal:NA
Address:NA
PlanningCaseNumber:2014-054
A.REFERENCE&BACKGROUND:
Request(s):AmendmentstotheZoningOrdinanceaddressingSolar
Energyproductionasprincipaloraccessoryuses,and
definitionsofEssentialServicesandUtilitiesasusesin
variouszoningdistricts.
DeadlineforDecision:November,2015
LandUseDesignation:Varies
ANALYSISANDSTUDY
Thematerialbelowispresentedtoprovidebackgroundandrecommendationstothe
CityofMonticelloinconsiderationofpotentialamendmentstoitszoningordinance
relatedtosolarenergyproduction,andrelatedaspectsoftheordinancetoutilitiesand
essentialservicesinthecommunity.
I.SolarEnergyProduction
a.Backgroundandintroduction
Overthepastseveralmonths,theCityhasbeenapproachedwithexploratory
questionsabouttheestablishmentoffacilitiesthatwouldgenerateelectrical
powerthroughanextensivearrayofsolarpanels.Thesearraysaresometimes
referredtoas“solarfarms”,andcanconstituteeitherthesoleuseofproperty,
complementanexistinguse,orco-existside-by-sidewithanexistinguse.
Althoughthequestionssofarhavebeenpreliminaryandrelatedmoreto
generalregulations,ratherthanspecifictocertainproperty,staffbecame
concernedthatthecurrentzoningregulationsarenotclearregardingthe
classificationofthistypeofuse.
Tobetteraddressthesequestions,staffrequestedtheCityCouncilestablisha
landusemoratoriumonprincipalsolarenergyuses,givingtheCitytimeto
PlanningCommissionAgenda:1/14/15
2
studythevariousaspectsofthisuse,andaddresssomeoftheconcernsrelated
tothecurrentzoningordinancelanguage.Thatmoratoriumwasadoptedby
theCityCouncilonNovember24th,2014.Undertheplanninglawsin
Minnesota,theCityhas12monthstostudytheissueandconsiderchangesto
itsdevelopmentregulations.
AlternativeenergyproductionhasgrowninMinnesota,inpartduetoaseries
ofstatemandatestothelargestpowerproducerstomeetvariousthresholdsin
energyfromrenewablesources.Accompanyingthemandateshavebeena
varietyofsubsidiesandincentivestobothproducersandconsumersthatabate
ordeferdifferenttaxes,dependingontheprogram.
Recently,theinterestinestablishing“solarfarms”asaprincipaluseof
propertyhasbecomeanurbanissue.Previously,mosturbansolarenergy
productionoccurredasaccessorysolarpanelsattachedtoindividualbuildings.
Inmostofthosecases,thepropertyownerconsumedtheenergyproducedon-
site,andinsomesituations,fedasmallamountofenergybacktothegrid,
whichtheutilitycompanywiththedistributionterritoryisobligatedto
purchase.Thehighpriceofurbanland–relativetoruralland–meantthat
largesolararrayswereunlikelytobeproposedinurbanareas.
Withtherealestatemarketcrashandslowrecovery,thosepricedisparities
wereminimized,atleasttemporarily.Assuch,urbanlocationshavebegunto
surfaceaspotentialsolarfarmproductionsites,particularlygiventheir
proximitytopowersubstationsthatresultinreducedtransmissioncostsfor
theproducer.
Finally,likeanytechnology,continuedadvancementsinefficiencyand
productioncosthavemadesolarenergymoreappealingtoallparties,
includingboththecommercialproducersandconsumers.Asthecostgaps
narrow,theenvironmentalappealofalternativeenergyisincreasingits
potentialtocreatenewlanduseissuesforlocalgovernment.Allofthese
factors–mandates,taxincentives,realestateprices,technologicaladvances,
andenvironmentalappeal-havecombinedtopushthisissuetotheforefront.
ThisreportisintendedtoprovideabaselineofinformationfortheCityto
considerhowitslanduseregulationscanaddresspotentialissuesraisedbythe
growthinsolarenergyproduction.
b.Accessorysolarinstallations
Mostofthesolarinstallationstothispoint,particularlywithinurbanareas,
havebeenaccessoryuses–oneormorepanels(usually)attachedtoan
existingbuilding,andproducingelectricalpowerthatisconsumedbythe
PlanningCommissionAgenda:1/14/15
3
occupantoftheproperty.Historically,theseinstallationshavebeenlimitedto
roof-mountedpanelsoroccasionally,afewground-mountedpanelswithinthe
openyardspacesondevelopedproperty.Withtheimprovementsinthis
technology,itisconceivablethat“accessory”installationswouldgrow
beyondthehistoricallimits,andraiseissuesformunicipallanduseregulation.
c.Principal(commercial)solarinstallations
Theprospectofsolarfarmsasaprincipalorsoleuseofurbanpropertyisthe
issuewhichgeneratedthemoratoriumdiscussion.Intheseinstallations,solar
energyproductionwouldconstitutetheprimaryuse.Formanyofthetypical
installationsofthissort,aparcelofbetween15and25acresisdevotedto
solarpanelarrays.Suchfacilitiesneedfew,ifany,urbanservices,createlittle
ornoon-siteemployment,andgeneratenotraffic.
Someelectricgeneratingordistributionorganizations(Wright-Hennepin
ElectricCooperativeisoneexample)areintheprocessofestablishingsolar
farmarraysthatshareholdersmaybuyinto.Wright-Hennepinhastwosuch
arraysonitscorporatepropertyinRockford.Inthisexample,alargesolar
arraywouldnotnecessarilyneedtobethesoleuseofproperty.Anyparcel
withasignificantamountofunusedlandcouldconsidersolarenergy
productionforcommercialpurposesasanunrelatedancillaryuse.
II.Political/Environmental/RegulatoryAspects/Objectives
a.Energyproductionobjectives
Asnotedpreviously,thereisbothamarket-basedandregulatory-based
movementtowardalternativeorrenewableenergygeneration.Oneofthe
incentivesforenergyproducerstonowbeseekingnewlocationsrelatestothe
requirementoflargeutilities(suchasXcel)tosellathresholdamountof
powerfromrenewablegenerationsources.
Environmentalinterestshavedriventherenewablemarkets,andhavebeen
primarilyresponsiblefortranslatingthoseinterestsintoregulatorymandates.
Thedemandforrenewableenergyproductionisnotlocationspecific.As
such,thequestionofwhethersolarfarmsareanappropriateurbanlanduseis
oneoflandusecompatibilityandlandusepolicy,notoneofenvironmentalor
politicalpolicyfortheCity.
b.LocalGovernmentauthority
PlanningCommissionAgenda:1/14/15
4
Municipalitieshavetheauthoritytoregulatelanduses,withcertainlimitations
thatareimposedbythestate.Provisionofaccesstosunlightforthepurposes
ofutilizingsolarenergyisprotectedbythezoningenablinglegislationin
Minnesotalaw.However,localgovernmentmaystillregulatelandusesto
ensurethatitsplanningobjectivesaremet,infurtheranceofthemunicipal
roleofprotectionofpublichealth,safety,andwelfare.
Assuch,theCitycanuseitsdevelopmentregulationstomanagelocation,
size,extentandintensityofvariouslanduses,andrelegatecertainlandusesto
specificdistricts.Inmostcases,theCitycanprohibitlanduseswhentheyare
incompatiblewiththeCity’slanduseobjectives.ProvidedthattheCity’s
regulationspromotealegitimatepublicinterest,andareareasonablemeansto
furtherthatinterest,thelanduseregulationsaretypicallyvalid.
Certainlargeutilityinstallationsaresubjecttostateregulatoryauthoritythat
canpreemptlocalzoningcontrol.However,onecurrentproject,knownasthe
AuroraprojectbyGeronimoEnergy,isworkingonamulti-sitedistributed
solarenergydevelopmentwhichincludesatleastonesiteinWrightCounty,
amongseveralothersaroundthestate.GeronimoexpectstoseekCounty
and/orTownshipzoningapprovalsforthoseinstallations.
III.LandUseRegulation/Objectives
a.Potentiallanduseissues
i.Neighboringpropertyimpacts.Oneofthemostcommonissues
addressedbylanduseregulationsarepotentialimpactsofauseon
neighboringlanduses.Ofpotentialconcernwithsolarfarmswouldbe
visualglarereflectingfromthesolarpanels,particularlyinalarge
array.Formostofthelargerprojects,itappearsthatthetechnology
includesananti-reflectivecoatingonthepanelsthatminimize
reflectiveglare.Thepanelinstallationsthemselves,whenground-
mounted,aretypicallydesignedtorotateforsunangle,andare
between6and10feettall.Thesearrayswouldtypicallybevisibleto
adjoiningproperty.
ii.Publicsafetyandinfrastructureimpacts.Thefacilitiesgeneratealmost
noon-sitetrafficafterconstructioniscomplete.Occasional
maintenancevisitsoccur,includingwashingactivity.Apartfromthis,
thereisnoothersanitarysewerorwaterusefromthetypicalfacility.
iii.Trafficandutilityinvestment.Becausetheygeneratenotrafficor
municipalutilityuse,thesefacilitieshavethecapacitytoconsume
privatelandthathas,formostareasoftheCityorthenearby
MonticelloOrderlyAnnexationArea,beenplannedforurban
development.BecausetheCity’sinfrastructureinvestments,along
PlanningCommissionAgenda:1/14/15
5
withitseconomicdevelopmentobjectives,arebasedontaxbaseand
employmentgeneration,largeareasoflanddevotedtousesthatsupply
neitheroftheseraisequestionsastotheirsuitabilityforurban
locations.TheCitycouldalsoexpectincreasesinutilityinfrastructure
costsifitwerenecessarytoextenditsutilitylinesandstreetspastsuch
areastocontinueitsdevelopmentpattern.
iv.Employmentgeneration.Asnoted,facilitiesofthistypegenerateno
permanentemploymentforthesiteitself.Insomecases,theCityis
willingtoforgoaportionofitspropertytaxrevenuewhen
employmentgeneratedbyanewprojectmeetstheeconomic
developmentobjectivesofthecommunity.Thisbenefitwouldnotbe
availablefromasolarfarmuse.
b.AccessoryUse.AnAccessoryUse,accordingtothezoningordinance,isone
thatis“subordinateandincidental”tothemainactivityorstructureonthesite
–usuallyreferredtoasthe“principal”useorstructure.Suchausecanbe
subordinateorincidentalinsize,scope,orimpactsonadjoiningproperty.In
mostcases,anaccessoryuseisconsideredanactivitythatisinsupportofand
directlyrelatedtotheoperationoftheprincipalactivityonthesite.
i.Size,Location,Design,etc.Monticellocurrentlypermitssolarenergy
installationsasaccessorystructureswhenattachedtootherprincipal
usesofproperty.Thecoderequiressuchfacilitiestomeetsetbacks
andheightstandardsapplicabletotheprimarybuildingsonthesite.
ii.Building-mountorGround-mount.Currentzoningrequirements
addresssolarfacilitiesthatarean“integralpart”ofthestructureto
whichtheyareattached,withtheimplicationthatground-mounted
solararraysarenotpermissibleundertheaccessoryuseregulations.
iii.Proportionality.Thezoningordinancedoesnotaddressthespecific
amountorproportionofastructureorsitethatcanbeoccupiedby
solarfacilitiesandstillqualifyasanaccessoryuse,althoughthe
ordinancestatesthataccessoryusesshallbesubordinateissizeand
scopetotheprincipaluse.Itisconceivablethatgoingforward,adding
definitiontothisallowancewouldensurethatnewsolarinstallations
intendedtobe“accessory”willindeedbe“incidental”totheprincipal
useofproperty.
c.PrincipalUse.ThePrincipalUseofpropertyisthemain,orprimary,purpose
forwhichlandisintendedanddeveloped.Principalusesareusually
distinguishedbysizeorextent,andalmostcertainlybyimpact,from
accessoryuses.
i.Landuseregulationgoals.Whenlanduseplansarepreparedand
regulationsareestablished,principalusesarethosethatarethefocus
oftheplans.TheCity’slandusegoalsaredesignedtoprovidefor
PlanningCommissionAgenda:1/14/15
6
high-returnlandusesintermsofqualityoflifetotheCity’sresidents.
TheCityhasdevelopedaseriesofeconomicdevelopmentgoals,
supportedbytheComprehensivePlan,thatincorporateanexpectation
forgooddesign,diverselifestyleopportunities,andefficiencyin
providinggovernmentalservices.Landusesthatcannotmeetthese
objectivesareincompatiblewithurbandevelopmentinMonticello.
TheCityacknowledgesthatvariouseconomicactivitiesarenecessary
tosupporturbangrowth,butwhichmaynotbecompatiblewithurban
development.Theseusesaremorelikelytobelocatedinruralareas,
andincludeagricultureandsimilarusesthatdonotuseurbanservices.
ii.Tax/serviceimpacts.ImplicitintheCity’surbandevelopment
objectivesistheneedtogeneratepropertytaxes,onwhichtheCity
reliestodeliverservices,andtheneedtoregulatelandusesinaway
thatpermitstheCitytodeliverthoseservicesasefficientlyaspossible
tokeeppropertytaxratesaslowaspossible.Variousscenarioscan
interferewiththesegoals.Oneexamplewouldbealandusethat
consumesservicesatgreaterratesthanothers,butwhichgenerates
taxablevalueatdisproportionatelylowrates.Thiswouldresultin
spreadingtheburdenofpublicservicestoothertaxpayersintheCity.
Whileasolarfarmusedoesnotgenerateademandforservices,italso
createsarelativelylowpropertytaxcapacity,comparedtootherland
uses.Inaddition,withoutusinganyservices,butinalocationinthe
midstofacurrentorfuturegrowingurbanarea,anunproductiveuse
suchasasolarfarmrequiresadditionalexpendituresofCitycapitalto
extendservicespasttheunproductivelandtofartherdevelopment.
Thiscreatesasprawlimpactthatraisescostsforothertaxpayers.
IV.RegulationOptions.
TheCityhasanumberofpotentialoptionsinregulatingsolarenergyproduction.
Asnotedabove,thecurrentregulationsspecificallypermitaccessorysolar
facilities,withlimiteddefinitionastohowthosefacilitiescanbeinstalledona
property.Thezoningregulationsaresilentonsolarenergyproductionasa
principaluse,butvariouscategoriesofusetouchonelectricalgeneration.
Inallzoningdistricts,thezoningordinanceallows“Utilities(major)”asa
conditionaluse(Utilitiesdonotspecificallyincludeelectricalpowergeneration,
butincluderegionalorcommunity-wideservicesthatentailtheconstructionof
buildingand“electricalsubstations”).Theprovisionsrelatedtothisclassofuse
statethat“Anelectricalpowerfacility...shallbesetbackatleast100feetfrom
alllotlines.Serviceorstorageyardsshallbeprohibited.”
PlanningCommissionAgenda:1/14/15
7
EssentialServicesareidentifiedintheordinanceasthestructuresand
appurtenancesthatarenecessaryto(usually)distributeutilityservicestothe
community.Examplesarepipelines,poles,wires,cableboxes,andsimilar
structures.Theseareallowedinallzoningdistrictsaspermitteduses.Theyare
definedintheMonticellozoningordinanceatChapter8.4.
Staffbelievesthatcreatingbetterdefinitionsrelatedto“utilities”,aswellas
“essentialservices”willaddclaritytotheordinance,inadditiontolanguagethat
addressessolarenergyproductionasaseparateuse.
ThePlanningCommissionisaskedtoprovidestaffwithdirectionasrelatedtothe
regulationoptionsoutlinedbelow.
a.AllowasBothPrincipalandAccessoryUses
i.Permitted/ConditionalUsealternatives.TheCity’szoningregulations
cantreatsolarenergyproductionasapermittedorconditionaluse,
regardlessofwhethertheactivityistheprincipaloraccessoryuseof
land.Asnotedabove,thecurrentlanguageallowssolarinstallations
aspermittedaccessoryuses–thispatternisappropriate,butwould
benefitfromaddedclarificationastothelimitsofwhatconstitutesan
“accessory”useinthecaseofsolarpowerfacilities.
Asaprincipaluse,theactivityisnotcurrentlyallowed,althoughthe
codelanguageisnotclearasitappliestothetypesoffacilities
currentlybeingplannedaroundthestate.IftheCitydoespreferto
allowsolarenergygenerationasaprincipaluseofland,itwouldlikely
requireanumberofspecificstandardstobecompatiblewith
neighboringurbandevelopment,includinglocationandscope.Ifthis
approachisconsidered,itwouldbebesttospecifytheuseasa
ConditionalUseinspecificzoningdistricts,andidentifyaminimum
setofconditionsforconsideration.
ii.Limitsofauthority.ItisimportanttonotethatasaConditionalUse,a
specificuseispresumedtobeacceptableinagivenzoningdistrict,
subjecttocompliancewithreasonableandapplicableconditions
designedtomitigatespecificimpactscreatedbytheuse.Assuch,a
ConditionalUsePermitisnot“deniable”whentheapplicantcanmeet
theconditionsthattheCityplacesonthepermit.ConditionalUse
Permitsrunwiththeland,andarenottime-limited.Itispossibleto
considerthisuseasan“interim”use,buttheCityshouldbecautiousin
knowingthatfacilitieswithsuchextensivecapitalcostsarenotlikely
toterminateintheforeseeablefuture.
PlanningCommissionAgenda:1/14/15
8
b.AllowasAccessoryUseOnly.AsecondoptionfortheCitywouldbeto
incorporatetheclarificationchangestothecodenotedaboveregarding
essentialservices,solarenergysystemsasaccessoryuses,andutilities,and
prohibittheprincipaluseofpropertyforsolarenergyproduction.Staff
believesthatthisistheintentofthecurrentzoninglanguage,butthecurrent
proposalsinthemarketraiseconcernsthattheCity’szoningregulationsdo
notadequatelyaddressthisuseintheintendedmanner.
i.Pros/Cons–relativetocompetingobjectives.
Theadvantagesofthe“accessoryuseonly”approachareasfollows:
1.Solarenergyproductionisallowed,butinwaysthatminimize
theirimpactstoadjoiningproperty.
2.Solarenergyfarmswouldnotbeallowed,thustheissues
relatedtopropertytaxandmunicipalserviceextensionswould
beeliminated.
3.Intheeventthatauserdevelopsamoreuniquemethodof
creatingasolararrayasaprincipaluse,thatpartycould
approachtheCitytoproposeanamendment,andshowhow
thatmethodwouldoffsettheCity’sconcernsnotedabove.
Thedisadvantagesofprohibitingsolararraysasprincipaluseslargely
relatetothepoliticaldiscussioninthatsomemaysuggestthattheCity
isinterferingintheabilityofconsumerstopurchase,orutilitiestosell,
electricalpowerfromalternativegenerationsources.TheCitywould
notbeprohibitingsolarenergyproduction,butwouldbeidentifying
solar“farms”asaruraluse,ratherthananurbanone.
ii.Potentiallimitationsonsize/location/impacts.TheCitycanconsidera
widevarietyoflimitationstosolarenergyarraysasaccessoryuses,
dependingonuseandzoningdistrict.Thesemayincludethe
following:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
PlanningCommissionAgenda:1/14/15
9
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
V.Conclusion/Recommendation
Theprospectof“solarfarm”installationsof5acresormorehasraisedanissue
fortheCityinhowitregulatessolarinstallationsgenerally,andparticularly,in
thetreatmentofsolarenergyproductionasapotentialprincipaluseofproperty.
ThisreportnotesthattheintentoftheCity’szoninghasbeentoallowsolar
energyfacilitiesasaccessoryusestructures,butwithanassumptionthatelectrical
generationasaprincipalusewouldbemoresimilartotheXcelgenerationplant–
ataxbaseandemployment-generatingfacility.
Toaddressthisconcern,theCityenactedadevelopmentmoratoriumonsolar
energyasapermitteduselastNovember,withtheunderstandingthattheCity
wouldfurtherinvestigatetheissuesrelatedtothisuseandconsideramendments
toitszoningregulations.
Basedontheanalysisandstudy,staffisrecommendingthefollowing
amendments:
A.RetainthecurrentrequirementsforSolarEnergySystemsintheZoningCode,
Chapter5.3(D)(29)foraccessoryuse
B.Amendthelanguageinthatsectiontoaddtherequirementssuggestedinthis
report,asfollows:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
PlanningCommissionAgenda:1/14/15
10
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
C.ClarifythedefinitionofEssentialServicestospecifythattheidentifieditems
aresupportfacilitiesandstructures,butnotbuildingsforhumanuseor
occupancy.
D.ClarifythedefinitionofUtilities-Majortospecifythattheidentifieduses
listedat(A)Publicinfrastructureservicesincludebuildingsorstructuresthat
areintendedtohousehumanactivity.Byexample,staffwouldsuggestthat
thedefinitionofthisusespecificallyincludeareferencetoemploymentanda
needforurbanservices.
E.Clarifythatsolarenergygenerationisnotallowedasastand-alone,principal
useofproperty,includingwithindefinitions.
F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Majorare
allowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2,HeavyIndustrial
DistrictandtheB-2,LimitedBusinessDistrict.
B.ALTERNATIVEACTIONS:
1.Motiontocontinuethepublichearinganddirectstafftoprepareamendmentsto
theZoningOrdinanceasrecommendedinthestaffreportof1/14/15for
considerationatthePlanningCommission’snextregularmeeting.
2.Motiontotableactionontheissue,pendingadditionalinformation.
C.STAFFRECOMMENDATION:
PlanningCommissionAgenda:1/14/15
11
Asnotedabove,staffisrecommendingaseriesofamendmentstothezoning
ordinance,summarizedbelow.WithcommentsanddirectionfromthePlanning
Commission,staffwillpreparethoseamendmentsforconsiderationatthenext
regularmeeting.
A.RetainthecurrentrequirementsforSolarEnergySystemsinthe
ZoningCode,Chapter5.3(D)(29)foraccessoryuse.
B.Amendthelanguageinthatsectiontoaddtherequirementssuggested
inthisreport,asfollows:
1.Generallyallowsolararraysasroof-mountedsystems,and
createamaximumheightextension.
2.Ensurethatsolararraysaredevelopedtominimizeglare,
includingadequateprotectivescreeningorcoatingsas
appropriate.
3.Limitsolararraystolocationsthatarenotvisiblefromthe
publicrightofwayinresidentialareas,orrequirethattheyare
integratedintothedesignandarchitectureofthehome.
4.Allowground-mountedsolararraysintherearyardswhen
sucharrayscompriseanaggregateareanomorethan20%of
thesizeoftheprincipalstructure.
5.Allowground-mountedsolararraysonbusinessandindustrial
propertybyConditionalUsePermit,withsizelimitations
relatedtocurrentaccessorybuildingallowances,andinsucha
waythatwouldnotimpedeprincipalbuildingorsiteuse
expansion.
6.Requirethatbusiness/industrialground-mountedsystemsbe
allowedonlywhereapplicantsshowthatroof-mountedsystems
arenotpracticalduetobuildingstrength/support.
7.Requirethataccessorybuildingsrelatedtosolararrays
constitute,orareincludedin,theallowedaccessorybuilding
constructiononthesubjectproperty.
8.IncludetheexistingrequirementsoftheCity’scode,including
arequirementthatallinstallationsmeetheightandsetback
requirementsapplicabletoaccessoryusesintheunderlying
zoningdistrict.
C.ClarifythedefinitionofEssentialServicestospecifythattheidentified
itemsaresupportfacilitiesandstructures,butnotbuildingsforhuman
useoroccupancy.
D.ClarifythedefinitionofUtilities-Majortospecifythattheidentified
useslistedat(A)Publicinfrastructureservicesincludebuildingsor
structuresthatareintendedtohousehumanactivity.
PlanningCommissionAgenda:1/14/15
12
E.Clarifythatsolarenergygenerationisnotallowedasastand-alone,
principaluseofproperty.
F.Amendthezoningusetable(Table5.1)tospecifythatUtilities-Major
areallowedbyCUPonlyintheI-1,LightIndustrialDistrict,I-2,
HeavyIndustrialDistrictandtheB-2,LimitedBusinessDistrict.
D.SUPPORTINGDATA:
A.MonticelloZoningOrdinance,Chapter5,Sections1–UseTable,excerpt
B.MonticelloZoningOrdinance,Chapter5,Section2–Use-SpecificStandards,
excerpt
C.MonticelloZoningOrdinance,Section3–AccessoryUseStandards,excerpt
D.MonticelloZoningOrdinance,Chapter8,Section4–Definitions,excerpt
E.SelectedDataandBackgroundResources
PlanningCommissionAgenda:1/14/15
13
EXHIBITE
SelectedDataandBackgroundResources:
LeagueofMinnesotaCities
MinnesotaStatutesChapter216(PublicUtilitiesCommission)
MinnesotaStatuesChapter462.357(PlanningandLandUse/Zoning)
XcelEnergy(http://www.xcelenergy.com/Environment/Renewable_Energy)
Wright-HennepinElectricCooperative(http://www.whe.org/for-my-home/products-
services/wh-solar.html)
http://stmedia.startribune.com/documents/Geronimo+solar+proposal.pdf
http://www.herald-journal.com/farmhorizons/2014-farm/solar-project.html
http://www.icleiusa.org/blog/get-does-updated-solar-guidebook-for-local-governments
http://www.energy.ca.gov/2009publications/DOE-1000-2009-032/DOE-1000-2009-032.PDF
http://www.lawofrenewableenergy.com/2014/09/articles/solar/mn-community-solar-garden-
program-approved/
http://www.mprnews.org/story/2014/12/17/ground-level-solar-garden
http://ilsr.org/community-solar-gardens-sprouting-minnesota/
http://mncommunitysolar.com/
http://icma.org/en/icma/knowledge_network/documents/kn/Document/305385/Solar_Poweri
ng_Your_Community_Workshop_Minneapolis__St_Paul
http://icma.org/Documents/Document/Document/305385
http://greenstep.pca.state.mn.us/modelOrdinances.cfm
http://www.revenue.state.mn.us/local_gov/prop_tax_admin/Pages/ptamanual.aspx
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 308 City of Monticello Zoning Ordinance
(c) Interim Permitted Uses = I
An “I” indicates that a use may be permitted for a brief period of time
provided certain conditions are met, and a specific event or date can be
established for discontinuance of the use. Inability of the City ]o establish
conditions to adequately control anticipated impacts is justification for denial
of an interim permitted use. Interim Permitted Uses may also be subject to
special regulations as referenced in the “Additional Requirements” column.
(d) Prohibited Uses = Shaded Cells
A shaded cell indicates that the listed use is prohibited in the respective base
zoning district.
(e) Unlisted Uses
If an application is submitted for a use that is not listed in Table 5-1, the
Community Development Department is authorized to classify the new or
unlisted use into an existing Use Type that most closely fits the new or
unlisted use. If no similar use determination can be made, the use will be
considered prohibited in which case an amendment to the ordinance text
would need to be initiated to clarify if, where, and how a proposed use could
be established.
TABLE 5-1: USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Agricultural Uses
Agriculture P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5
-1A
P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 309
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P C
*SE
E
T
A
B
L
E
5-1A
5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C C 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential
Facility, Single Family P P P P P 5.2(C)(3)
Group Residential
Facility, Multi-Family C C C 5.2(C)(3)
Mobile & Manufactured
Home / Home Park C C C P C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities
(public) P P P P P P P P P P P P
*SE
E
T
A
B
L
E
5-1A
P P P None
Active Park Facilities
(private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C 5.2(D)(2)
Cemeteries C C C C C C C 5.2(D)(3)
Clinics/Medical Services C P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P C 5.2(D)(4)
Nursing/Convalescent
Home C C C C C C C C C P P 5.2(D)(5)
Passenger Terminal C C C C None
Passive Parks and Open
Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C C P C C P P C P P 5.2(D)(6)
Schools, K-12 C C C C C C I I 5.2(D)(7)
Schools, Higher
Education C None
Place of Public Assembly C C C C C P 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
Office Uses
Offices P P C P * P P P 5.2(E)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 310 City of Monticello Zoning Ordinance
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Commercial Uses
Adult Uses
*SE
E
T
A
B
L
E
5-1A
P P 3.7(K)
Auction House C 5.2(F)(2)
Auto Repair – Minor C C P P 5.2(F)(3)
Automotive Wash Facilities P C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P None
Commercial Lodging C P P 5.2(F)(7)
Communications/Broadcasting P P P P 5.2(F)(8)
Convenience Retail C P P P 5.2(F)(9)
Country Club C 5.2(F)(10)
Day Care Centers C C P P C 5.2(F)(11)
Entertainment/Recreation,
Indoor Commercial P C C C 5.2(F)(12)
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(13)
Financial Institution P C P 5.2(F)(14)
Funeral Services P P 5.2(F)(15)
Kennels (commercial) C 5.2(F)(16)
Landscaping / Nursery
Business P 5.2(F)(17)
Personal Services C P P P P P 5.2(F)(21)
Recreational Vehicle Camp
Site C C 5.2(F)(23)
Repair Establishment C P P 5.2(F)(24)
Restaurants C P P 5.2(F)(25)
Retail Commercial Uses
(other) P P P 5.2(F)(26)
Specialty Eating
Establishments C P P P 5.2(F)(27)
Vehicle Fuel Sales C C C 5.2(F)(28)
Vehicle Sales and Rental C C 5.2(F)(29)
Veterinary Facilities (Rural) C 5.2(F)(30)
Veterinary Facilities
(Neighborhood) C C C 5.2(F)(30)
Wholesale Sales P P P None
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 311
TABLE 5-1: USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Industrial Uses
Auto Repair – Major C
*SE
E
T
A
B
L
E
5-1A
P P 5.2(G)(1)
Bulk Fuel Sales and
Storage P P 5.2(G)(2)
Contractor's Yard,
Temporary I I I 5.2(G)(3)
Extraction of Materials I I I 5.2(G)(4)
General Warehousing C C P P 5.2(G)(5)
Heavy Manufacturing C 5.2(G)(6)
Industrial Services C P None
Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(7)
Light Manufacturing P P P 5.2(G)(8)
Machinery/Truck Repair
& Sales P P 5.2(G)(9)
Recycling and Salvage
Center C C 5.2(G)(10)
Self-Storage Facilities P C P 5.2(G)(11)
Truck or Freight
Terminal C P P 5.2(G)(12)
Waste Disposal &
Incineration C 5.2(G)(13)
Wrecker Services C P 5.2(G)(14)
TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Sub-Districts
Exceptions Additional
Requirements F-1 F-2 F-3 L
Commercial Day Care C C C C none 5.2(F)(11)
Commercial Lodging P P C none 5.2(F)(7)
Commercial Offices – Principal C P P C L-2: NA first floor,
CUP upper floors 5.2(F)(19)
Commercial Recreation: Indoor P P C C none 5.2(F)(12)
Commercial Recreation:
Outdoor C C none 5.2(F)(13)
Convenience Retail C P* C C *F-2 Drive Through by CUP 5.2(F)(9)
Funeral Services C C none 5.2(F)(15)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 312 City of Monticello Zoning Ordinance
TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES (cont.)
Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
Sub-Districts
Exceptions Additional
Requirements F-1 F-2 F-3 L
Medical / Clinical Services C P P P L-2: NA first floor,
CUP upper floors 5.2(F)(18)
Personal Services P P P P
L-2: NA first floor,
CUP upper floors
L-3: CUP
5.2(F)(21)
Places of Public Assembly C C C C none 5.2(F)(22)
Professional Office-Services
Including Financial Institutions P P P C L-2: NA first floor,
CUP upper floors
5.2(F)(14)
5.2(F)(20)
Restaurants, Bars < 10,000 SF P P C C none 5.2(F)(25)
Restaurants, Bars > 10,000 SF P C C none 5.2(F)(25)
Retail Sales < 10,000 SF P P C C none 5.2(F)(26)
Retail Sales > 10,000 SF P C C none 5.2(F)(26)
Retail with Service P C C L-2: NA first floor,
CUP upper floors 5.2(F)(26)
Specialty Eating Establishments
< 10,000 SF P* P* C* P* *Drive Through by CUP 5.2(F)(27)
Vehicle Fuel Sales C C C 5.2(F)(28)
Veterinary Facilities C P C C none 5.2(F)(30)
Residential – Upper Floors P P P P L-2: NA
Residential – Street Level C C L-2: NA
Residential – Multiple Family C C L-2: NA
Residential – Townhouse C none
Residential – Single Family C none
Industrial PUD L-3: PUD Only
Public Buildings or Uses C C C P none
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 326 City of Monticello Zoning Ordinance
(9) Utilities (major)
(a) An electrical power facility, substation, or transmission station shall be set
back at least 100 feet from all lot lines. Service or storage yards shall be
prohibited.
(b) All commercial WECS systems shall adhere to the requirements of Section
4.12 in this ordinance.
(E) Regulations for Office Uses
(1) Outdoor storage shall be prohibited.
(2) Buildings or structures with less than 51 percent of office space shall not be
classified as an office use and shall be regulated by the other use of the structure.
(3) If in the B-1 district, the following shall apply:
(a) The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding area.
(b) The architectural appearance of the building housing the office use shall
reflect the building character of the area and shall not be so dissimilar as to
cause impairment of property values or constitute a blighting influence within
the neighborhood.
(c) The provisions of this ordinance are considered and satisfactorily met.
(d) The site shall conform to signage requirements provided under Section 4.5 of
this Code.
(e) The site shall conform to lighting requirements as provided in this ordinance.
The lighting shall be restricted to be consistent with the hours of operation,
within one half hour of open and close times.
(F) Regulations for Commercial Uses
(1) Reserved
(2) Auction House
(a) The architectural appearance and function 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.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
City of Monticello Zoning Ordinance Page 355
(C) Table of Permitted Accessory Uses
(1) Listed Accessory Uses
Table 5-4, lists the allowed types of accessory uses and structures within each
zoning district. If a specific accessory use is allowed in a district, the column
underneath the district is marked with a "P." If a specific accessory use is
conditionally permitted in a district, the column underneath the district is marked
with a "C." If the accessory use or structure is not allowed in a district, the
column is shaded. If there is a reference contained in the column entitled
"Additional Requirements", refer to the cited section(s) for additional standards
that apply to the specific accessory use.
(2) Interpretation of Unidentified Accessory Uses
(a) The Community Development Department shall evaluate applications for
accessory uses that are not identified in Table 5-4 on a case-by-case basis
using the following standards:
(i) The definition of “accessory use” (see Section 8.4 – Definitions) and the
general accessory use standards and limitations established in Section
5.3(B);
(ii) The additional regulations for specific accessory uses established in
Section 5.3(D), Specific Standards for Certain Accessory uses;
(iii) The purpose and intent of the base and overlay districts in which the
accessory use or structure is located;
(iv) Any potential adverse impacts the accessory use or structure may have on
other lands in the area as compared to other accessory uses permitted in
the district; and
(v) The compatibility of the accessory use or structure, including the structure
in which it is housed (if applicable), with other principal and accessory
uses permitted in the district.
(b) The decision of the Community Development Department to permit or deny
an unlisted use or structure is final, but may be appealed pursuant to Section
2.4(H).
Section 8.4:
Definition of
“accessory”
Section 8.4:
Definition of “use”
Section 5.3(B):
General Standards
and Limitations for
Accessory Uses and
Structures
Section 5.3(D):
Specific Standards
for Certain
Accessory Uses
Section 2.4(H):
Appeal of
Administrative
Decisions
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
Page 356 City of Monticello Zoning Ordinance
(3) Table of Permitted Accessory Uses and Structures
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Accessory Dwelling Unit P P P P P 5.3(D)(1)
Accessory Building –
minor (≤ 120 square feet) P P P P P P P P P P P P P P P P 5.3(D)(2)
Accessory Building –
major (> 120 square feet) P P P P P P P C P P P P P P P P 5.3(D)(3)
Adult Use – accessory C 5.3(D)(4)
Agricultural Buildings P 5.3(D)(5)
Automated Teller
Machines (ATMs) P P P P P P P P 5.3(D)(6)
Automobile Repair –
Major C 5.3(D)(7)
Automobile Repair –
Minor C 5.3(D)(8)
Boarder(s) P P P 5.3(D)(9)
Co-located Wireless
Telecommunications
Antennae
C C C C C C C C C C C C C C C C
4.13(E)
Commercial Canopies P P P P P P P P 5.3(D)(10)
Commercial Transmission/
Reception Antennae/
Structures
C C C C C C
4.13(D)
Donation Drop-off
Containers P P 5.3(D)(11)
Drive-Through Services P P P C P P P 5.3(D)(12)
Entertainment/Recreation
– Outdoor Commercial C C C C 5.3(D)(13)
Fences or Walls P P P P P P P P P P P P P P P P 4.3
Greenhouse/Conservatory
(non-commercial) P P P P P P P P P P P P P P P P 5.3(D)(14)
Heliports C C C C C 5.3(D)(15)
Home Occupations P P P P P P P P P P 5.3(D)(16)
Indoor Food /
Convenience Sales P P P P P P P P 5.3(D)(17)
Indoor Storage P P P P P P 5.3(D)(18)
Incidental Light
Manufacturing P P P P P P P P 5.3(D)(19)
Machinery/Trucking
Repair & Sales C 5.3(D)(20)
Office P P P P P P none
Off-street Loading Space P P C P P P P P P P 4.9
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 357
TABLE 5-4: ACCESSORY USES BY DISTRICT (cont.)
Use Types
“P” = Permitted
“C” = Conditionally
Permitted
“I” = Interim Permitted
Base Zoning Districts
Additional
Requirements A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Off-street Parking P P P P P P P P P P P P P P P P 4.8
Open Sales P P P P P P P C C C 5.3(D)(21)
Operation and storage of
agricultural vehicles,
equipment, and machinery
P 5.3(D)(22)
Outdoor Sidewalk Sales &
Display (businesses) P P P P P P P P 5.3(D)(23)
Outdoor Storage P P P P P P P P P P C C C P P 5.3(D)(24)
Park Facility Buildings &
Structures (public) P P P P P P P P P P P P P P P P 5.3(D)(25)
Private Amateur Radio P P P P P P P P P P P P P P P P 4.13(B)
Private Receiving
Antennae and Antenna
Support Structures
P P P P P P P P P P P P P P P P 4.13(C)
Retail Sales of Goods (as
part of an office or
industrial use)
P P P P P P C C 5.3(D)(26)
Shelters (Storm or
Fallout) P P P P P P P P P P P P P P P P 5.3(D)(27)
Sign(s) P P P P P P P P P P P P P P P P 5.3(D)(28)
Solar Energy System P P P P P P P P P P P P P P P P 5.3(D)(29)
Swimming Pool P P P P P P P P P P P P P P P P 5.3(D)(30)
Large Trash Handling and
Recycling Collection Area P P P P P P P P P P P P 5.3(D)(31)
Wind Energy Conversion
System, Commercial C C C C C 5.3(D)(32)
Wind Energy Conversion
System, Non-commercial C C C C C C C C C C C C C C C C 5.3(D)(33)
Wireless
Telecommunications
Support Structures
C C C C C C C 4.3(E)
4.3(F)
(D) Additional Specific Standards for Certain Accessory Uses
(1) Accessory Dwelling
(a) Accessory dwelling units are permitted only on lots with single-family
detached dwellings.
(b) No more than one accessory dwelling unit per lot is permitted.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 374 City of Monticello Zoning Ordinance
(c) 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.
(d) 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.
(27) Shelters (Storm or Fallout)
Storm and fallout shelters shall not alter the character of the premises with respect
to the primary use as permitted in the district.
(28) Sign(s)
All signs within the City shall comply with the finishing standards contained in
Section 4.5, Signs.
(29) Solar Energy Systems
(a) All solar energy systems shall be operable and maintained in good repair.
(b) Solar energy systems shall meet all required setbacks and height requirements
of the underlying zoning district.
(c) Solar energy systems shall be an integral part of the structure to which they
are attached.
(d) As a means of evidencing existing solar access conditions prior to installation,
the owner of a solar energy system may file notarized photographs of the
subject area with the Community Development Department prior to
installation of said system.
(30) Swimming Pools
(a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24
inches in depth must be fenced in accordance with the provisions of Section
5.3(D)(29)(b) below.
(b) Residential swimming pool fences shall be constructed as follows:
(i) Residential swimming pool fences must be at least 48 inches in height.
The fence must not permit the passage of a 4-inch sphere through
openings in the fence. Fences must be constructed of durable, corrosion-
and decay- resistive materials. Openings below the fence to grade must
not exceed 4 inches.
Section 4.5: Signs
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 426 City of Monticello Zoning Ordinance
ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation
or entertainment activities primarily occurring outdoors. Accessory uses may include the
preparation and serving of food, the sale of equipment related to the outdoor uses, and
complementary indoor entertainment facilities. Examples of outdoor commercial
entertainment businesses include, but are not limited to, a golf driving range, sand volleyball
courts, go-carts, or a miniature golf course. This use does not include projectile weapon
ranges (archery or shooting),a stadium or a drive-in movie theater.
ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing or any other way of bringing into being or establishing.
EROSION CONTROL: A measure that prevents erosion including but not limited to: soil
stabilization practices, limited grading, mulch, temporary or permanent cover, and
construction phasing.
EROSION CONTROL INSPECTOR: A designated agent given authority by the City of
Monticello to inspect and maintain erosion and sediment control practices.
ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer
and water; voice, television, and digital communications systems; and waste disposal and
recycling services. These services include underground, surface, and overhead systems and all
accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for
the function of the essential service. Wireless radio frequency reception and transmission
antennas and support structures shall not be considered an essential service.
EXTRACTION OF MATERIALS: the development or extraction of a natural resource in
excess of four hundred (400) cubic yards from its natural occurrences on affected land without
processing.
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota
Statutes, sections 93.44 to 93.51.
EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the
year.
EXISTING TREE CANOPY: The crowns of all healthy self-supporting canopy trees with a
diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper
size of four inches or greater at breast height.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 449
SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than
100 persons at any one time such as cultural events, musical events, celebrations, festivals,
fairs, carnivals, etc.
SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or
entertainment.
SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial
speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are
placed on a development site to soften built edges and provide transitions. [See Section
4.1(H)]
SHOPPING CENTER: An integrated grouping of commercial stores under single ownership
or control. See also “RETAIL COMMERCIAL USES”
SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in
percent or degrees.
SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar
energy and convert and store it for useful purposes including heating and cooling buildings or
other energy-using processes, or to produce generated power by means of any combination of
collecting, transferring, or converting solar-generated energy.
SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items
that normally do not constitute a full meal, including but not limited to: ice cream parlors,
dessert cafes, snack shops, juice and coffee houses, and bakeries.
STABILIZATION / STABILIZED: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material
that prevents erosion from occurring. Grass seeding is not stabilization.
STABLE: A building in which horses are sheltered; may be accessory to a residential or other
use or a freestanding principal use.
START OF CONSTRUCTION: The first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, excavation and filling;
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 452 City of Monticello Zoning Ordinance
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30
feet.
TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the
tree’s dripline.
TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large
dumpsters or compactors used to temporarily store trash and recycling materials prior to a
regularly scheduled pick up. Such facilities are typically associated with multi-family
buildings of more than four units, commercial operations and industrial sites.
TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where
loading and unloading is carried on regularly, and where minor maintenance of these types of
vehicles is performed.
UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30
feet.
UPLAND: Means all lands at an elevation above the ordinary high water mark.
USE: The purpose or activity for which the land or building thereon is designated, arranged,
or intended, or for which it is occupied, utilized, or maintained, and shall include the
performance of such activity as defined by the performance standards of this ordinance.
City CouncilAgenda:08/24/15
4B.ConsiderationofadoptingResolution#2015-064acceptingbidsandawarding
contract,contingentonMnDOTapproval andprojectstartdateofnolaterthan
9/14/15,fortheTH25/CSAH75Improvements,CityProjectNo.10C009(SB)
A.REFERENCEANDBACKGROUND:
TheCityCouncilisaskedtoconsiderawardingacontract,contingentonMnDOT
approval,fortheTH25/CSAH75Improvements,CityProjectNo.10C009.Bidswere
receivedfortheabove-referencedprojectonTuesday,August18,2015,andwereopened
andreadaloud.Threebidswerereceived.Thebidswerecheckedformathematical
accuracyandtabulated.ThelowbidwassubmittedbyLandwehrConstruction,Inc.,St.
Cloud,MNintheamountof$1,453,179.18.TheEngineer’sEstimatewas
$1,194,837.80.
Asummaryofthebidresultsareasfollows:
LandwehrConstruction,Inc.$1,453,179.18
R.L.LarsonExcavating,Inc.$1,594,409.80
NewLookContracting,Inc.$1,627,644.00
Engineer’sEstimate $1,194,837.80
Abidtabulationsummaryandbidabstractareattachedforcouncilreview.
Thebidis21.6%higherorapproximately$258,341thantheengineer’sestimate.After
reviewofthebids,severalfactorshavebeenidentifiedthatcontributedtothedifference
betweentheEngineer’sEstimateandthelowbid asdescribedintheenclosedletterto
MnDOT.
Asummaryoftheitemsthatinfluencedthemajorityofthecostdifferencebetweenthe
Engineer’sEstimateandlowbidareshownbelow.
BidItems CostDifference
Mobilization $110,000
MillBituminousSurface(2.0”)$23,275
BituminousPavement $25,195
ConcreteCurb&GutterDesignB624 $21,888
TrafficControlSignalSystemA $57,846
PavementMarkingSpecial $23,665
Total $261,869
Uponfurtherexaminationoftheapparentlowbid,thebidprovidedbyLandwehr
Construction,Inc.wasfoundtoberesponsiveandnotmateriallyunbalanced.
City CouncilAgenda:08/24/15
TheCityCouncilandMnDOTwillneedtoconsiderthesefactorsforproceedingto
awardthebidtothelowbidder.AnothermajorfactorthatMnDOT’sCivilRightsOffice
willneedtoreviewistheDisadvantagedBusinessEnterprise(DBE)7.8%goal
determinedbyMnDOTfortheproject.Thecontractorhascommittedtoa1%DBEgoal.
Thecontractorwillneedtodemonstratethattheyhavemadeagoodfaitheffortwiththeir
proposedDBEgoalforMnDOTapproval.ItisunknownatthistimeifMnDOTwill
approvethecontractorsDBEgoalwhichwouldtheninfluenceifMnDOTwillapprove
theproject.Thisprocesstypicallytakes2-4weeks,howeverMnDOThasindicatedthey
willtrytoexpeditetheprocess.
Inlightoftheabovefactors,theCouncilmaywanttoconsiderre-biddingtheprojectnext
springbasedonthefollowingfactors:
•Morecontractorsandsubcontractorscouldbidtheproject,creatinglower
competitivepricinginthespringof2016.
•Constructioncostincreases(i.e.fuel,oil,laborwages,inflation,etc.)couldresult
inhigherbidsin2016.
•Additionaladministrativeandengineeringcoststore-bidin2016.
•Moreflexibletimelineandlikelyfavorableweatherconditionsiftheprojectis
constructedin2016vs.2015.
•Fallconstruction,withastartdateofnolaterthanSeptember14,2015,maybe
idealinsteadofsummerconstructionduetoincreasedtrafficinthesummerdueto
cabintrafficontheweekends.
•Delayingtheprojectstarttothesummer2016vs.fall2015willdelaythesafety
andtrafficoperationalimprovementsneededfortheintersectionby
approximately9months.
•Federalfunds,CIMSgrantandWrightCountyfundswouldstillbeavailableif
theprojectstartsin2016.
A.1BudgetImpact:Thefollowingaretheestimatedfundingamountsfortheproject.
MnDOTstillneedstodeterminethefundingbreakdown:
FederalFunds:$749,512*
CIMSGrant:$616,000
WrightCounty:$90,000
StateAid/City:$367,000
Total:$1,822,512
*Includesstatefurnishedsignalcabinetintheamountof$25,363.00.
Duetothehigherbids,theCity’sconstructioncostshareincreasedbyanestimated
$52,000(fromoriginally$7,000)sincethefederalfundscover80%oftheprojectwitha
20%Citymatch.TheCIMSgrantandWrightCountyfundscovertheremaining20%
share,howevertheCIMSgrantdoesnotcoverthe20%CityshareonCSAH75,thereby
creatingaCityshareconstructioncostcomponent.Engineeringfeesarenotcoveredby
thefederalfunds,however$66,631iscoveredbytheCIMSgrantforconstruction
engineering.StateAidfundscanbedrawndowntofundtheCity’sshareofthecosts.
City CouncilAgenda:08/24/15
A.2StaffImpact:WSBstafftimewillbeinvolvedwithconstructionmanagement,
environmentalconsultation,constructionobservation,surveyingandsub-consultingfor
materialtestingduringtheconstructionphaseoftheproject.
B.ALTERNATIVEACTIONS:
1.MotiontoadoptCityResolution#2015-064acceptingbidsandawardingcontract,
contingentonMnDOTapprovalandprojectstartdateofnolaterthan9/14/15,forthe
TH25/CSAH75Improvements,CityProjectNo.10C009.
2.MotiontodenyadoptionofCityResolution#2015-064atthistime.
3.Motionofother.
C.STAFFRECOMMENDATION:
StaffrecommendsCouncilapprovalofAlternative#1contingentonMnDOTapprovalof
thebidsandlowbidderDBEcommitmentandiftheprojectstartdateatthelatestis
9/14/15.Thereareseveralunknownstotheawardprocessandinanidealsituationitwill
allcometogethertoallowthecontractortocompletetheprojectthisyear.Thisisatime
sensitiveprojectandgiventhetimingoftheCouncilmeetings,staffisrequesting
CounciltomakeamotionforAlternative#1atthistimeinordertoconstructtheproject
in2015.Delayingactiontothe9/14/15Councilmeetingwhentheseunknownscouldbe
resolved,wouldjeopardizeconstructionoftheprojectthisyear.
Staffplanstohavemoreinformationonthecontractor’sscheduleandconfirmationfrom
MnDOTonthefundingbreakdownattheCouncilmeeting.
D.SUPPORTINGDATA:
Resolution#2015-064
BidSummaryandTabulation
LettertoMnDOTregardingbidresultcostjustification
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2015-064
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE FOR THE TH25/CSAH
75 IMPROVEMENTS, CITY PROJECT NO. 10C009
WHEREAS, pursuant to an advertisement for bids, three bids were received, opened, and
tabulated, and the following bids were found to comply with the advertisement for bids:
Contractor Bid
Landwehr Construction, Inc $1,453,179.18
R.L. Larson Excavating $1,594,409.80
New Look Contracing, Inc. $1,627,644.00
Engineer’s Estimate $1,194,837.80
WHEREAS, the bid by Landwehr Construction Inc., in accordance with the approved plans and
specifications and advertisement for bids, is the lowest responsible bidder and shall be and
hereby is accepted contingent on approval by the Minnesota Department of Transportation and a
project start date no later than September 14, 2015.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MONTICELLO:
1. The Mayor and City Administrator are hereby authorized and directed to enter into a
contract with said bidder for the construction of said improvements for and on behalf of
the City of Monticello contingent on approval by the Minnesota Department of
Transportation and a project start date of no later than September 14, 2015.
2. The City Administrator is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the successful bidder
and the next lowest bidder shall be retained until a contract has been executed.
ADOPTED BY the Monticello City Council this 24th day of August, 2015.
CITY OF MONTICELLO
____________________________________
ATTEST: Brian Stumpf, Mayor
_______________________________
Jeff O’Neill, City Administrator
PROJECT:
LOCATION:
Wright County, Monticello, MN
WSB PROJECT NO.: 1494-80
C.P. No. 10C009
S.P. 8605-52, S.P. 222-010-003
S.P. 086-675-019, S.P. 222-020-002
Bids Opened: Tuesday, August 18, 2015 at 2:00 p.m.
Contractor
Bid Security
(5%)
Addendum
No. 1
Addendum
No. 2
DBE
GoalBase Bid
1Landwehr Construction, Inc.XXX1.0%$1,453,179.18
2R.L. Larson Excavating, Inc.XXX0.0%$1,594,409.80
3New Look Contracting, Inc.XXX7.8%$1,627,644.00
Engineer's Opinion of Cost: $1,194,837.80
Denotes corrected figure
Nicholas Hentges, PE
TH 25 & CSAH 75 Intersection Improvements
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on August 18, 2015.
K:\01494-800\Admin\Construction Admin\1494-800 Bid Tab Summary-081815
TH 25 and CSAH 75
Intersection Improvements
City Project No. 10C009
Award Project
August 24, 2015
Project Improvements
Bid Results:
CONTRACTOR BID TOTAL DBE %
1 Landwehr Construction, Inc.$ 1,453,179.18*1.0%
2 R.L. Larson Excavating, Inc.$ 1,594,409.80 0.0%
3 New Look Contracting, Inc.$ 1,627,644.00 7.8%
ENGINEER’S ESTIMATE $ 1,194,837.80 7.8%
(MnDOT goal)
* The low bid is 21.6% higher or approximately $258,341 more
than the Engineer’s Estimate.
Bid Items:
A summary of the items that influenced the majority of the cost difference between
the Engineer’s Estimate and the Low Bid are shown below.
BID ITEMS COST
DIFFERENCE
Mobilization $ 110,000
Mill Bituminous Surface (2”)$ 23,000
Bituminous Pavement $ 25,195
Concrete Curb & Gutter Design B624 $ 21,888
Traffic Control Signal System A $ 57,846
Pavement Marking Special $ 23,665
TOTAL $ 261,869
Factors for Higher Bid Prices:
Estimate was adjusted for non-typical items, however bids were unexpectedly higher
Low availability of subcontractors driving price up
Mobilization was 11% of bid, typically is 5%
Confined area, lack of space to work/mobilize
Construction under traffic and staged lengthens timeline/efforts
Smaller quantities drives up costs
Late season concern for concrete and pavement marking installation
Funding Summary:
*
* Includes state furnished signal cabinet in the amount of $25,363
** City share reduced from $52,000 to $37,000, but still an increase of $30,000 due to high bid amount
FUNDING SOURCE AMOUNT
Federal Funds * $ 801,512
CIMS Grant $ 616,000
Wright County $ 90,000
State Aid/City **$ 345,000
TOTAL FUNDING $1,852,512
Estimated 2015 Construction Schedule:
DESCRIPTION DATE
Anticipated MnDOT Approval (unknown)Week of Sept 7, 2015
Preconstruction Meeting Week of Sept 7, 2015
Begin Construction Week of Sept 14, 2015
Final Completion with Temporary Signal November 15, 2015
Final Signal Completion December,2015
•Several uncertainties affect the schedule including contractor DBE clearance, weather, scheduling,
etc.
2016 vs 2015 Construction:
More contractors and subcontractors could bid the project, creating
lower competitive pricing for spring 2016 construction if re-bid early.
Construction cost increases (i.e., fuel, oil, labor wages, inflation, etc.)
could result in higher bids in 2016.
More flexible timeline and likely favorable weather conditions if the
project is constructed in 2016 vs. 2015.
Signal could be pre-ordered in 2016 to reduce delay time
Additional administrative and engineering costs to re-bid in 2016.
Delaying the project start to the summer of 2016 vs. fall of 2015 will delay
the safety and traffic operational improvements needed for the intersection
by approximately nine months.
Federal funds, CIMS grant and Wright County funds would still be
available if the project starts in 2016.
Council Action:
City attorney and MnDOT recommends to not award contingent until Contractor
clearance is obtained
1.TABLE motion to adopt City Resolution #2015-064 accepting bids and awarding
contract for the TH 25/CSAH 75 Improvements,
City Project No. 10C009 to the September 14, 2015 City Council meeting or at an
earlier special meeting date.
2.Motion to adopt City Resolution #2015-064 rejecting all bids and re-bid for 2016
construction.
3.Motion of other.
Communication Plan:
DESCRIPTION
Individual Business Meetings
Open House-Date to be Determined
Brochure
Business Liaison During Construction
Social Media Updates:
•City Facebook Page
•Website Scroller
•E News
•Link from MnDOT Website
•Press Release
•Twitter
Council Updates