City Council Agenda Packet 04-24-2006
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday April 24, 2006 - 7 p.m.
Mayor: Clint Herbst
Council Members: Wayne Mayer, Torn Perrault, Glen Posusta and Brian Stumpf
1. Call to Order and Pledge of Allegiance
2A. Approve minutes of April 10, 2006 regular Council meeting
B. Approve minutes of April 10, 2006 YMCA Workshop.
C. Approve minutes of March 20,2006 special Council meeting.
3. Consideration of adding items to the agenda.
4. Citizen comments, petitions, requests and complaints.
S. Consent Agenda:
A. Consideration of approving hires and departures.
B. Consideration of approving temporary 3/2 beer license for Monticello Lions Club for
River Fest celebration.
C. Consideration of approving Change Order No.2 for the Chelsea Road and School
Boulevard Extension Project, City Project No. 200S-llC.
D. Consideration of authorizing the preparation of plans to extend sanitary sewer and
watermain past the proposed Karlsburger Foods site,
E. Consideration of approving Change Order No.3 for the Meadow Oak Avenue and
CSAH 18/39 Project.
F. Consideration to authorize the preparation of plans and specifications for grading and
drainage improvements at the Monticello Middle School and A Glorious Church, City
Project No. 2006-09C.
G. Consideration of adopting the final AUAR for Jefferson at Monticello.
H. Consideration of resolution adopting the National Incident Management System and
Resolution Promoting Intrastate Mutual Aid Agreements.
1. Consideration of approval of plans and specifications for 2006 Core Street
Reconstruction Project No. 2006-0lC.
J. Consideration ofWamert Retail Development final plat.
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K. Consideration to adopt a resolution approving a Business Subsidy Agreement between
the HRA in and for the City of Monticello and SL Real Estate Holdings, LLC.
L. REMOVED FROM AGENDA.
M. Consideration of creating separate Director of Finance position and approving
transition agreement with Administrator.
N. Consideration of approving purchase of Permit Works building permit and inspection
software.
o. Consideration of appointments to the Design Advisory Team.
P. Consideration of a request for rezoning from B-3 (Highway Business) to B-4
(Regional Business) - Applicant: Miller Architects & Builders.
Q. Consideration of rezoning ofWarnert Retail Development.
6. Consideration of items removed from the consent agenda for discussion.
7. Public Hearing on the proposed adoption of a modification to the redevelopment plan for
Central Monticello Redevelopment Project No.1 and the proposed establishment of Tax
Increment District No. 1-37 therein and the adoption of a Tax Increment Financing Plan
therefor - Karlsburger Foods
8. Public Hearing on delinquent utility charges and certification of assessment to the County
Auditor.
9. Public Hearing on vacation of easements in a portion of the Commercial Plaza 25 and
Commercial Courts Addition.
10. Consideration of rejecting bids, revising the project and authorizing the advertisement for bids
to extend utilities to the Hidden Forest and Niagara Falls Developments, Proj. No. 2005-03C.
11. REMOVED FOR FURTHER STUDY.
12. Consideration of a request for a conditional use permit and amendment to the planned unit
development for open and outdoor storage and for outdoor sales and display in a B-3 District
and for additional use automobile/light truck sales & display. Applicant: WaIt's Pawn and
Bargain Center.
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13. Consideration of selecting design for CSAH 18/Meadow Oak Avenue Intersection
14. Consideration of amendment to the Monticello Zoning Ordinance regulating open and outdoor
storage in the I-I, I-IA and 1-2 Districts.
15. Consideration of establishing mix of participants on Comprehensive Plan Update Task
Force.
16. Consideration of amending subdivision ordinance establishing 18% standard for park
dedication.
17. Consideration of concept stage approval for a PUD for Tom Rollings based on revised plans.
18. Consideration of issuing letter of intent to negotiate on purchase of YMCA property.
19. Consideration of approving bills for April.
20. Adjourn.
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MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday April 10, 2006 -7 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent:
None
1. Call to Order and Plede:e of Alle~iance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present The Pledge
of Allegiance was said.
2A. Approve minutes of March 27. 2006 ree:ular Council meetine.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 27, 2006
REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
28. Approve minutes of March 20. 2006 special Council meetine:.
Since no minutes were submitted, the Council tabled approval of the minutes.
3. Consideration of addin~ items to the aeenda.
The following items were added to the agenda: 1) Update on Cory Kingbay land purchase;
2) Update on ordinance for public utility use in right-of-way; 3) Trash/litter on streets;
4) Parking signs; 5) Drainage issue at 401 Front Street; and 6) Authorization to proceed with
appraisal on YMCA property.
4. Citizen comments. petitions. reauests and complaints.
Linda Obrycki, 401 Front Street spoke to the Council concerning the lost of her property
because on flooding of Linn Street and River Street She has been working with State
Representative Bruce Anderson and the Soil and Water Conservation office to get the problem
resolved. Linda Obrycki provided a history ofthe problem and her attempts to resolve it. She
stated she was told four years ago that the storm sewer pipe in the street would be replaced.
That has not happened and now she is being told that it is not certain when the storm sewer pipe
would be replaced. She did not want to destabilize the river bank which is why she sought
Council approval on the placement of her garage. She stated that since she has owned the
property 25'-30' of river bank has been lost to the erosion. She stated the storm sewer is not big
enough so runoff water is directed over her driveway (her driveway is the lowest point in the
street) and around her house. In dealing with the Soil and Water Conservation office they told
her the problem was the City's fault because the City had not planned for growth and the means
to handle it.
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The City has come up with a plan that would provide a temporary fix until such time as the
storm sewer in the street is replaced. Linda Obrycki stated that when the drainage issue first
came up the City had indicated they would participate up to 50% of the cost and now they are
limiting their participation to 25% of the cost. She reiterated that she was told by several
parties that the storm sewer pipe was not adequate and should be replaced
City Engineer Bruce Westby stated that the problem is caused by the river water, ground water
and springs located in the area. Clint Herbst asked if there was someway the driveway could
be raised or the curb cut changed that would help reduce the problem. Bruce Westby stated
that a 5 year rain event would occur before the water runs over the driveway. He stated that
the City's plan calls for improvements to be made to city owned property adjacent to 401 Front
Street. If these improvements are made it should take care ofa considerable amount of the
runoff problem. He added this would be a temporary solution to the problem until such time as
the street in the area is reconstructed and the storm sewer pipe is replaced. The City's
improvement would reduce the amount of water running onto her property but the proposed
improvements would not correct the damage to the river bank. Staff felt the City could
contribute up to 25% of the cost of the work on her property in addition to covering the entire
cost ofthe improvements on the city owned property.
Linda Obrycki stated that initially the City said they would participate up to 50%. She felt the
City was responsible for the damage to the river bank and she did not want to put any money
into improvements on her property if the temporary fix wasn't going to work.
Clint Herbst stated he, John Simola and Bruce Westby would set up a time to review the site
and the proposed plan for correcting the problem. Wayne Mayer sought clarification on the
Soil and Water Conservation office's participation. Linda Obrycki said that once it was
determined that it was a City problem the Soil and Water Conservation office indicated they
would not participate in any cost.
State Representative, Bruce Anderson indicated he was concerned that in a letter dated early
December it stated that a plan to correct the problem would be drawn up. It is now April and
there still is no plan nor is there any firm determination on how much the City will be paying.
City Administrator, Rick Wolfsteller stated the City does have a plan and that Linda Obrycki
had gotten cost estimates based on that plan. There is legal implications for the City relating to
doing improvements on private property. The City will be doing the improvements on the city
owned parcel and ifthe Council wants the City could contribute up to 25% for improvements
on the Obrycki site.
5. Consent A~enda:
A. Consideration of approving hires and departures. Recommendation: Ratify the hires
and departures for the liquor store as identified.
B. Consideration to approve a resolution calling for a public hearing by the City Council on
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the proposed adoption of a modification to the TIF Plan for TlF District 1-2 (Metcalf-
Larson) and a modification to the TlF Plan for TIF District No. 1-24 (St. Benedict's).
Recommendation: Adopt a resolution calling for a public hearing by the City Council
on the proposed modification to the TlF Plan for TlF District No. 1-2 and the
modification to the TIF Plan for TIF District No. 1-24. Res. No. 2006-24
C. Consideration to authorize conveyance of Lot I, Block I, Otter Creek Crossing 2nd
Addition from the City to the HRA. Recommendation: Approve a resolution
authorizing conveyance of city property to the Housing and Redevelopment Authority in
and for the City of Monticello. Res. No. 2006-25.
D. Consideration of approving one-day charitable gambling license for the Monticello Girls
Fastpitch Association. Recommendation: Adopt a resolution authorizing the State
Gambling Control Board to issue the temporary charitable gambling license to the
Monticello Girls Fastpitch Association for a raffle at the High School Ballfields on July
11,2006. Res. No. 2006-23.
E, Consideration of a request for a conditional use permit for a professional office in a B-1
District. Applicant: Don Hickman. Recommendation: Approve the conditional use
permit for a professional and commercial office at 355 East Broadway with the
conditions as noted below based on a finding that the low intensity commercial use
proposed meets the conditions required by code, is compatible with the area and si
consistent with the purpose of the B-1 district:
1. Signage for the site is consistent with the requirements of the applicable zoning district.
2. The applicant provide the noted information regarding parking space dimensions and
availability. A parking layout consistent with standard dimensional requirements for angled
parking will be required.
3. Parking lot signage to direct traffic as to the one-way nature of the traffic flow.
4. The applicant verify or provide additional tall shrub plantings to mitigate the impact of the
building wall on the west, and the lighting on the east, relative to the neighboring residential
uses.
F. Consideration of a request for a conditional use permit to allow a drive-in and
convenience fast food establishment in a B-3 District. Applicant: Tom Holthaus.
Recommendation: Approve the conditional use permit for Taco Johns subject to the
conditions noted below:
1. The wall sign on the west side of the building shall be removed.
2. The landscape plan shall be revised to provide additional screening in the northwest comer of the
site. Said screening may be accomplished through dense vegetation, a solid fence, or any
combination thereof. Proposed sod shall be removed and replaced with shrubs and/or mulch at
the northwest comer of the site. Irrigated sod is acceptable in the locations around the building.
3. The applicant shall submit sample colors or building photos and verify that materials of the trash
enclosure will match those of the principal structure.
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4. The volume of the drive-through communication systems shall not be audible from the nearby
residential area. A sound! decibel qualification may be required at the time of the building
permit.
5. Photometric plan is subject to approval by the City Building Official.
6. Site plans shall be revised to include a concrete sidewalk along Deegan Avenue.
G. Consideration of an amendment to the conditional use pennit for a development stage
pun for an expansion to the Muller Theater. Applicant: AMCON. Recommendation:
Approve the development stage pun amendment for AMCONlMuller Theatre based on
a finding that the proposed addition is consistent with the requirements ofthe zoning
ordinance and the conditions required of the original pun. The recommendation is
conditioned on:
A. The applicant's continuation to work with staff on the westerly driveway design.
B. Review of the City Engineer for final engineering detail
C. Final lighting plan subject to the review of the Building Official.
H. Consideration of a request for an interim use pennit for the relocation of a billboard
within Outlot A, Country Club Manor. Applicant: City of Monticello.
Recommendation: Approve the interim use pennit allowing relocation of a sign from
the A VR site to Outlot A of Country Club Manor with the tenn of the interim use
pennit to match the time frame identified in the original lease agreement.
I. Consideration of approving plans and specifications and authorizing the advertisement
of bids for the Meadow Oaks and CSAH 39 Lift Stations and Forcemain Improvements.
Recommendation: Approve the plans and specifications and authorize the
advertisement of bids for Meadow Oaks and CSAH 39 Lift Stations and Forcemain
Improvements.
J. Consideration of approving addendum to funding participation agreement between City
and Wright County - Project No. 2004-01 C CSAH 18/1-94 Interchange Project.
Recommendation: Approve the addendum to the funding and construction agreement
as proposed identifYing the tenns for the County's repayment of their $2,000,00 share of
1-94/CSAH 18 Interchange Project.
K. Consideration of approving final plat of Prairie Ponds Third Addition.
Recommendation: Approve the final plat of Prairie Ponds 3rd Addition based on a
finding that the plat is best suited for the specific development needs of the property and
that all lots in the plat will continue to meet the City's zoning requirements and
conditioned upon the execution of an amended development agreement relating to the
Prairie Ponds 3rd Addition.
L. Consideration to reconsider denial of concept stage approval for a pun for Tom
Rollings. Recommendation: 1) Move to reconsider previous Council action denying
the conditional use pennit for concept stage and call for a new vote on the request for a
conditional use pennit for concept stage PUD based on a revised site plan addressing
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Council's basis for denial. 2) Move to table action the conditional use permit for
concept stage PUD in order to allow sufficient review time regarding the revised plan.
Items #5F and #51 were removed from the consent agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5F
AND #51 BEING REMOVED AND WITH HIMSELF ABSTAINING FROM VOTING ON
ITEM #5L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY
6. Consideration of items removed from the consent al:enda for discussion.
#5F Conditional Use Permit for Taco Johns/Tom Holthaus: Tom Perrault had a concern
about the entrances to the site. Bruce Westby said staff in their review of the plans did not see a
problem with the entrances. Clint Herbst asked if there would be a berm placed as a buffer
between the site and the residential area and also asked about noise and light from the drive-
through area. Jeff O'Neill stated that the Planning Commission was assured that this would
not be a problem. Tom Perrault asked if only 2-3 car lengths was room enough for the stacking
area and Jeff O'Neill replied that it met design standards.
BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR TACO
JOHNS SUBJECT TO THE FOLLOWING CONDITIONS:
1. The wall sign on the west side of the building shall be removed.
2. The landscape plan shall be revised to provide additional screening in the northwest comer of the site. Said
screening may be accomplished through dense vegetation, a solid fence, or any combination thereof.
Proposed sod shall be removed and replaced with shrubs and/or mulch at the northwest comer of the site.
Irrigated sod is acceptable in the locations around the building.
3. The applicant shall submit sample colors or building photos and verify that materials of the trash enclosure
will match those of the principal structure.
4. The volume of the drive-through communication systems shall not be audible from the nearby
residential area. A sound/decibel qualification may be required at the time of the building permit.
5. Photometric plan is subject to approval by the City Building Official.
6. Site plans shall be revised to include a concrete sidewalk along Deegan Avenue.
#51 Approve Plans and Specifications for Meadow Oaks & CSAH 39 Lift Stations and
Forcemain, City Project No. 2003-02C: Joe Doyle, 9894 Gilbert Avenue NE questioned the
location of the work as it appeared from the plans he saw that they would be coming through
his property. He wanted to know specifically how his property would be impacted by the
proposed construction. Shibani Bisson stated in that area of the project they would be doing
directional boring of the line. The area of excavation would be at the boring pits and those
boring pits would be located within the right-of-way.
Mr. Doyle expressed concern about the cost ofthe project because of the directional boring
rather than open cutting. Shibani Bisson stated that while generally open cutting is the less
costly method there are instances, like this project where a number of utilities are located in the
right of way, where it is more cost effective to go with directional boring. Mr. Doyle also
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questioned the size of the line that was being installed Wayne Mayer stated that when the
Council had first looked at this project the Council too had questioned why an 8" line instead of
12" line was being installed. They had been informed by the engineers that there was not
sufficient volume of flows for a 12" line. Mr. Doyle asked about service to the Tyler East
development. Shibani Bisson informed him that if Tyler East is provided with sanitary sewer it
would be separate line that would tie in at Gillard A venue as they could not tie in to the
forcemain.
GLEN POSUST A MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND
AUTHORIZE ADVERTISEMENT OF BIDS FOR THE MEADOW OAKS AND CSAH 39
LIFT STATIONS AND FORCEMAIN IMPROVEMENT, PROJECT N0.2003-2C. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Review of RFP for exoansion or relocation of a portion or all of the Public Works Facility
and consideration of distribution or advertisements of the RFP
John Simola, Public Works Director, reviewed the proposed RFP to do a needs study for the
Public Works Facilities which would include the review of three sites for possible expansion of
existing facilities or relocation of all or a portion of the Public Works Facilities. John Simola
reviewed the three sites. The present site at 9011909 Golf Course Road will be looked at as far
as expansion. They will also look at the needs the Public Works Department will have for the
next 20 years and if the present site can accommodate them and any expansion beyond the 20
year needs. Another site that would be considered would be the water reservoir site adjacent to
the animal shelter on Chelsea Road. This will also be the area for a future water treatment
facility with a footprint for a facility that could treat the water supply for a population of
34,000. The east side of this site will be used for ponding. The remaining site to be considered
is Well #4 which is located on Dundas Road adjacent to the Xcel Energy facility. This site
would be looked at for outside storage. There is a gas line located on this site which somewhat
limits the use of the site. The site could be used to construct a building for storage of materials
and equipment or an enclosed area for storage. John Simola was asking for authorization to
distribute the RFP to ten firms.
Glen Posusta stated he was somewhat confused by what was being requested. Initially the
Public Works Department was just asking for a building for the Water Department now it
apparently is a full blown study of everything. He was under the impression that sale of the lot
across from the present Public Works site would finance the construction of the building for the
Water Department but he did not envision the City abandoning the present Public Works site
John Simola responded that there is only 3 12 acres of developable land at the site. They are
looking long term (30-40 years) ifth site would be adequate for the Public Works facility. The
study will show what capacity this site would hold for future expansion.
It was noted that currently theW ater Department shares equipment, staff and mapping with the
Street and Parks Departments. Another issue that would be looked at would be the impact that
splitting the Water Department from the rest of the departments would have on the shared uses.
This study would give a lot of options for the City to look at and would be a comprehensive
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plan of the Public Works facilities. Glen Posusta felt there was conflicting information in
whether there should be a separate building for the Water Department or keep them as part of
the Public Works facility. John Simola said the study would show how long they can remain at
the present Public Works site and how it can be expanded.
Glen Posusta brought up the question of outside storage and why the City is not required to
comply with the provisions of the ordinance.
BRIAN STUMPF MOVED TO APPROVE THE RFP AS WRITTEN AND DISTRIBUTE
THE RFP TO APPROXIMATELY 10 CONSULTING FIRMS WITH THEIR PROPOSALS
DUE BACK BY MAY 2, 2006. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION.
8. Consideration of recommendation of Fiber Optic Task Force Committee on firm to
conduct fiber optic feasibility study
Milda Hedblom who worked as a consultant with the Fiber Optic Task Force Committee
discussed the recommendation ofthe Fiber Optic Task Force. The Task Force narrowed the list
from ten firms to three firms and the three firms were interviewed on March 29th and 30th. They
are recommending the firm of CCG Consulting LLC out of Maryland to conduct the feasibility
study for a fiber optics system. Although the firm is not from Minnesota, they have
considerable experience with fiber projects of all kinds.
The study will look at four options: 1) The City builds, owns and operates the fiber to the
premise network as a city utility providing triple pay broadband voice/data/video services;
2) City builds, owns and operates the fiber network but leases network access to providers who
will supply triple play broadband voice/data/video services on an "open access' basis with
providers sharing revenues with the City; 3) City builds and owns fiber network to curb and
contracts with one or more providers to install electronics and provide triple play broadband
voice/data/video services with the providers sharing revenue with the City and 4) City offers
incentives to private providers as partners to build and operate a fiber network providing triple
play broadband voice/data/video services with provider sharing revenue with the City.
Milda Hedblom noted this study will be occurring at the same time the City will updating their
Comprehensive Plan. The information from the fiber optic study should be taken into
consideration in the updating of the Comprehensive Plan. The fiber optic feasibility study
should begin May 1,2006 and be completed in late August or early September.
The Council asked if Milda Hedblom had worked with CCG Consulting before. She indicated
that while she had not worked with them specifically she was familiar with projects that firm
had done. She added that the Fiber Optics Task Force had unanimously selected this firm for
the study.
TOM PERRAULT MOVED TO APPROVE A FIBER OPTIC FEASIBILITY STUDY TO BE
CONDUCTED BY THE FIRM OF CCG CONSULTING LLC WITH MILDA HEDBLOM
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SERVING AS TECHNICAL CONSULTANT AT A TOTAL COST OF $65,000. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of options to minimize the use of the leaf and ~rass comDostin~ facility.
Public Works Director, John Simola showed pictures of the present compost facility. He noted
there are 3-4 compost piles out there and that it requires 18-24 month to takes the leaves to a
finished product. The piles are turned a couple of times a year. John Simola explained how the
facility has been operated. With the City receiving complaints from nearby residents about the
operation of the facility, John Simola had prepared some options for the Council to consider.
These options include: 1) Offering curbside pickup of yard waste at a cost of$13.25 which is
contingent upon the City being able to dump yard waste at the County's compost facility free of
charge; 2) Have a drop off site for yard waste at the Public Works facility. This would be a 30
yard roll off box. The cost if dumped at the Wright County facility would be $50 per box or $75
per box plus $91yd if disposed of elsewhere; 3) A compactor for yard waste to be located at the
Public Works facility. A compactor would be supplied free of charge for a trial period so the
only cost would be the dumping charges which would be the same charges noted in Option #3
and 4) limit the use of the city site by contractors.
Daryl Tindle, 1707 West Street stated he was told that the compost site would not produce odors
and access would be limited. Initially traffic to the site was light and the odor problem was
minor but that has changed. His complaints about the facility included the odor, debris flying
from unenclosed trucks and increased traffic. He felt as a resident he deserved to have fresh air
and felt the site should be relocated.
John Simola stated that with the roll off container or compactor at the Public Works site they
might be better able to control it. The long term plan dictates looking for another site. The
present site is not owned by the City but by the County. Clint Herbst asked if there were other
sites around Montissippi Park that could be utilized. Wayne Mayer was concerned about
dumping of junk and felt the further the site was moved away the greater the dumping problem.
Wayne Mayer asked since there has been full access to the compost site whether the compost
material has gotten worse. The Council discussed the various options and the advantages and
disadvantages of each. John Simola suggested any option that was selected could be done on a
trial basis and then evaluated.
Daryl Tindle spoke again for the need to have the facility relocated to another site. He also cited
concerns with the runoff from the compost site containing yard pesticides.
The consensus of the Council was to table this item until the next meeting.
10. Consideration of color selection for new water tower.
Mark Rolfs of Bon est roo, Rosene and Anderlik was present to review with the Council the work
schedule for completion of the tower, the signage and the paint color for the tower. Clint Herbst
suggested that instead of the Monticello logo they consider placing a picture of a swan instead.
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Clint Herbst asked if the other tower would get painted this year. Mark Rolfs said when the
water tower site was changed that made it impossible to get the other tower painted this year.
It was proposed that the Monticello logo be placed on both sides of the tower.
GLEN POSUST A MOVED TO SELECT THE BARE BEIGE COLOR FOR THE NEW
WATER TOWER TANK USING THE CITY'S STANDARD LOGO AND LETTERING AS
PER THE BASE BID IN THE CONTRACT. CLINT HERBST SECONDED THE MOTION.
MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION.
11. Consideration of providine: temporary sedimentation pond and erosion control for Spirit
HillslWildwood Rid~e area.
Shibani Bisson explained that the temporary sedimentation pond would address an erosion
control problem within the development. She noted that the Spirit Hills area had previously been
farmed and no vegetation had been established to control runoff. The pond is proposed to be
located at the southeast corner of the Spirit Hills development. A berm will be constructed along
the easterly boundary that will direct drainage to the temporary pond. The existing storm sewer
in the Hillside Farms development will be extended to the temporary pond to provide an outlet.
The storm sewer improvements were planned to be constructed with the development of the
Spirit Hills South plat but since that plat is not moving forward at this time it is necessary for the
City to construct these improvements. Shibani Bisson stated at this time they have received one
quote from a contractor and will be getting more. They expect the cost of these improvements
not to exceed $25,000. These improvements will provide a temporary fix until the Spirit Hills
development proceeds.
CLINT HERBST MOVED TO AUTHORIZE THE CONSTRUCTION OF A TEMPORARY
SEDIMENTATION POND AND BERM TO PROVIDE STORMW A TER MANAGEMENT
FOR THE SPIRIT HILLS SOUTHIWILDWOOD RIDGE 2ND ADDITION AREA AT A COST
NOT TO EXCEED $25,000. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Added Items:
Cory Kingbay Land Acquisition Update: At the last meeting the Council had indicated that they felt
the land prices in the Jefferson Commons development should be reviewed. It was also suggested that
only a portion of the 7 acre site be sold to Cory Kingbay. When informed of the Council's discussion,
Mr. Kingbay was not pleased with the options. Rick Wolfsteller indicated he had talked to Mr.
Kingbay about the cost of adding assessments for School Boulevard ($375,000) to the land price which
would add approximately $1.25/sq. ft. to the cost. All the other terms of the agreement would remain
the same. The School Boulevard assessments could be levied over ten years like other assessments.
Mr. Kingbay indicated that this would be a possibility.
Rick Wolfsteller stated that Cory Kingbay needs to have a firm land price so he can determine ifhe can
complete the deal. The general feeling of the Council was to proceed along the line of adding the
assessments to the land cost for the property being considered by Mr. Kingbay.
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Public Utility Right of Way Ordinance: John Simola stated they have some sample ordinances that
they can draft an ordinance from and suggested a task force be set up for this project which he
estimated would take 3-4 meetings to draft and another 1-2 meetings with the utility companies.
Wayne Mayer will work with John Simola and Bruce Westby on this ordinance.
John Simola also reported he had talked to Darrin Lahr from Xcel Energy and he is working with their
attorney on getting negotiations going with the City on the franchise agreement.
Trash/Litter: Council members Glen Posusta and Brian Stumpfboth expressed concern about trash and
litter along the streets and ditches. It was suggested to bring the summer workers on a little bit earlier
or have STS (Sentence to Serve) crews work on it. Brian Stumpf also suggested contacting MnDOT
about the trash along that section of the freeway lying between the two Monticello exits. Bruce Westby
indicated he would contact MnDOT on this.
Parking: Clint Herbst brought up the problem with parking at the Towne Centre site where tenants are
parking in other tenants spaces. They would like to have 30 minute parking signs installed. John
Simola felt this should be discussed with the Sheriffs Department to see ifit is enforceable. John
Simola will look into this further.
YMCA: At the workshop held earlier in the evening, the general consensus of the Council was to move
forward on this. The next step would be to authorize an appraisal on the YMCA property so that the
City could negotiate a purchase price.
GLEN POSUST A MOVED TO AUTHORIZE AN APPRAISAL BEING DONE OF THE YMCA
PROPERTY AT A COST NOT TO EXCEED $7,1000. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION.
Tom Perrault noted his opposition was because he felt portions of the YMCA should be developed.
12. Consideration of approvin\: bills for April.
GLEN POSUST A APPROVED PAYMENT OF THE BILLS. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adjourn.
The meeting was adjourned at 9:35 p.m.
Recording Secretary
10
$,",-
,)
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
YMCA WORKSHOP
Monday April 10, 2006 - 5 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf.
Members Absent:
None
Others Present:
Wright County Commissioners Pat Sawatzke and Karla Heeter, Park
Commission Members Larry Nolan and Nancy McCaffrey; Planning
Commission Members Rod Dragsten, Sandy Suchy and William Spartz, City
Administrator Rick Wolfsteller, Public Works Director John Simola, Parks
Superintendent Seth Nelson, Parks Maintenance Tom Pawelk, Stacie Kvilvang
and Todd Hagen from Ehlers and Associates, Mark Mattice, Wright County
Parks Superintendent, Deputy City Administrator Jeff O'Neill, Steve Grittman
from Northwest Associated Consultants.
The workshop meeting came to order at 5 p.m. After a short delay due to technical difficulties a
presentation was made on the YMCA property. The site consists of approximately 1100 acres
encompassing four lakes, First Lake, Mud Lake, Long Lake and Bertram Lake and Otter Creek. It is a
pristine undeveloped area that the City and County are looking at possibly acquiring in order to
develop the area as a regional park.
Tom Pawelk from the Monticello Parks Department who spent 20 years around the YMCA area
explained the features within the site and some of the history on how the land for the YMCA site was
acquired.
The YMCA contacted the City about a year ago indicating they had an interest in selling their property
and recently had an appraisal completed on the site. The City and County in an effort to preserve this
natural site have gotten together to see if this property could be acquired and developed into a regional
park. A task force of city and county officials and citizens have conducted preliminary discussions on
the regional park development. Some of the positive aspects of having a regional park in the
Monticello area were discussed. In addition to preserving an unique natural area, there is an economic
benefit to the area as well.
Mark Mattice, Wright County Park Superintendent stated the County's park system started out with
Albright Park and has grown considerably since that time. He talked about the YMCA site and the
features it has including 30 miles of trail, 17 miles of cross country skiing trails, canoeing, fishing and
camping. Mark Mattice said you can't just look at it for today but you need to envision it for 50 years
from now. Where is Monticello going to be? In this joint venture the County would primarily be
looking at the operations of the park with the City being responsible for the ballfield complex area
which is approximately 150 acres.
Steve Grittman discussed how the site was broken into areas for different recreational uses. He talked
about what kind of activities it would be realistic to consider for the area and discussed options for
keeping the passive use areas separate from the active use areas.
"',
One issue he noted is getting and maintaining access to the property. There are presently three access
points. One is on the west side along Briarwood which would be in the area of the athletic complex.
There is sufficient land area here to provide for 8 soccer fields and 8 baseball/softball fields at a
minimum. The area of the athletic complex is presently being farmed. Other activities in this area
would include a campsite and a swimming beach. The second access on the south end of the property
off 90th Street This is the access to the horse stable area. The third access is along 90th Street on the
east side of the property. This would be the access to the more passive area of the facility. It is a
potential location for a tree nursery and arboretum. The City wants to take School Boulevard from
90th Street to County Road 39 which would impact this property but the alignment of the street has not
been determined yet. There was some additional discussion on the existing and proposed trails. The
existing chalet and how that could possibly be used for programs and retreats was mentioned.
Development scenarios were discussed. If it was developed at rural standards there would be a 1-40
because of the agricultural zoning. There is limited ability by the City or County to prevent this tyupe
of development. Scattered lot development would 1-10 and would require rezoning by the MOAA
board and would result in large estate type lots. Public access and some park development could be
required. Development could be at city standards which would require annexation. 18% of the area
excluding wetlands, etc. could be designated for park use. R -1 A standards would require a 16,000
square foot lot. Pat Sawatzke noted that 1-40 has minimum standards of300' of frontage and access
on public streets. Pat Sawatzke felt the 1-10 would be denied by the MOAA board under the
provisions of the MOAA agreement The YMCA is treating the city/county the same as any other
developer. Bret Weiss from WSB and Associates noted that many developers in the area are aware of
the YMCA plans to sell the property and are looking at the site.
Stacie Kvilvang and Todd Hagen from Ehlers and Associates discussed some of the financial options
and noted not only the cost of the land had to be considered but capital improvements that are needed
as well. Also impacting any financial decision are the terms of a city/county agreement and other
improvements the City is committed to such as the interchange, WWTP expansion, fiber optics system,
etc.
Options that would be considered is a 429 assessment process. Under that option it would be proposed
to assess 20% of the cost to the benefiting property owners. Since all properties in the city would
benefit all could be assessed. Lease revenue bonds were also discussed but this would be a more
complex and more costly financing method. In addition there would be a higher interest rate and
would be subject to the City's net debt limit. They would look at special assessments, cost
participation by the County, grant sources and park dedication fees. They also talked about the
appraisal and how the value of the land would be determined. It is not development land but it is not
just park land.
Brian Stumpf asked at what point would the City consider a referendum. They noted with GO bonds
a referendum would be required if less than 20% of the cost is assessed. Brian Stumpf asked if the
City residents wouldn't be getting a doubly whammy with getting both a city and county tax increase.
Stacie Kvilvang said technically the answer is yes but it would depend on the options selected.
In summarizing what had been discussed, the County representatives stated that the County's
participation was with the understanding that the entire site would be park. The next step would be to
have an appraisal done so there is financial information to negotiate with the YMCA.
l~
I ,.)
The ballfield complex was discussed and while the fields are desperately needed, Wayne Mayer
expressed concern about trying to do something with that in 2006 especially considering the site was
outside the annexation area.
Workshop closed at 6:35
Recording Secretary.
\0
/
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday March 20, 2006 - 5 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf.
Members Absent:
None
The special meeting for the purpose of interviewing candidates for the Building Official and Park
Superintendent positions came to order at 5 p.m.
Duildin!!: Official Position
The Council interviewed Gary Anderson and Erik Norass for the Building Official position.
GLEN POSUSTA MOVED TO OFFER THE POSITION OF BUILDING OFFICIAL TO GARY
ANDERSON BASED ON HIS KNOWLEDGE OF THE COMMUNITY AND DUE TO GOOD
SUPPORT FOR GARY ANDERSON AMONG CITY STAFF. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Park Superintendent Position
Deputy City Administrator Jeff O'Neill noted that six individuals were initially interviewed for the
position. Ofthis group two were selected as finalists for the position. One of the two finalists was
eliminated as a result of reference checking. Mayor Herbst and Glen Posusta suggested that the
remaining finalist, Seth Nelson from International Falls, MN. be offered the position. Clint
Herbst and Jeff O'Neill described the candidate's experience that includes a bachelor's degree in
park management and supervisory experience at Voyageurs National Park. A copy of Seth
Nelson's application was provided to Council at the meeting for review. Councilmember Mayer
preferred to be provided with background information on the finalist prior to the meeting.
BRIAN STUMPF MOVED TO OFFER THE PARK SUPERINTENDENT POSITION TO SETH
NELSON. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH
WAYNE MA YER VOTING IN OPPOSITION.
There being no further discussion, the meeting was adjourned.
Recording Secretary
11
Council Agenda - 4/24/06
SA. Consideration of approvine: new hires and departures for Parks and MCC. (RW)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at the MCC and Parks Department As you recall, it is recommended that the
Council officially ratify the hiring of all new employees including part-time and seasonal
workers.
B. ALTERNATIVE ACTIONS:
1. Ratify the hiring/departures of the employees as identified on the attached list.
C. SUPPORTING DATA:
Lists of new employees.
I'd
NEW EMPLOYEES
Name
Nelson, Seth
Title Department
Parks Superintend. Parks
Hire Date Class
4/10/2006 FT
TERMINATING EMPLOYEES
Name Reason Department Last Day Class
Wiley, Jason Involuntary MCC 3/31 /2006 PT
Addy, Amy Voluntary MCC 3/30/2006 FT
Witschen, Nathan Temporary Parks 1/27/2006 Temp
Neese, Chris Temporary Parks 1/27/2006 Temp
McAlpine, Ted Temporary Parks 1/27/2006 Temp
McAlpine, Randy Temporary Parks 1/27/2006 Temp
Hook, Katie Temporary Parks 1/27/2006 Temp
Hertwig, Summer Temporary Parks 1/27/2006 Temp
Farnick, Derek Temporary Parks 1/27/2006 Temp
Binette, Yvonne Temporary Parks 1/27/2006 Temp
Frie, Richard Voluntary Planning Commiss 1/6/2006 PT
employee councillist.xls: 4/18/2006
'CJ
I
Council Agenda: 4/24/06
5B. Consideration of Amwovin&: a temporary liQuor license for 3/2 beer for the
Monticello Lions Club. (RW)
A. REFERENCE AND BACKGROUND:
The City has received a request for a temporary liquor license for 3/2 beer from the Monticello
Lions Club for River Fest celebration on July 8-9, 2006. The temporary license fee is the same
as last year ($lO/day).
B. ALTERNATIVE ACTIONS:
1. Approve issuance of the temporary liquor license for 3/2 beer to the Monticello Lions
Club for the River Fest celebration on July 8-9, 2006.
2. Do not approve the license.
C. STAFF RECOMMENDATION:
The City Administrator recommends approval of the license as outlined.
D. SUPPORTING DATA:
A copy of the application.
d-,O
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6
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133, St. Paul MN 55101-5133
(651) 215-6209 Fax (651) 297-5259 TTY (651) 282-6555
WWW.DPS.STATE.MN.US
APPLICA nON AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZATION
/Vl 0 n I ~~ e// CJ i; ;~, /) <
STREET ADDRESS
": CJ .
C/v b
DA TE ORGANIZED
061, 75-
CITY
TAX EXEMPT NUMBER
STATE
ZIP CODE
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t:' /'
NAME OF PERSON MAKING APPLICA nON
A Y"' +-
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BUSINESS PHONE
( )
/VI A/ ~M:Y ) 62-
HOME PHONE
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ORGANIZA TION OFFICER'S NAME
/(,ver
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Jf"l4/
T;;;'I/1 G' r L! ':,<, ilk I e~
ORGAN!ZA TION OFFICER'S NAME
e;-
Location lic nse will be used. If an outdoor area, describe
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.:::.: ./ ... ..' ,.... - ,,~ - - -- .~ ~
Will the ap licant contract tor intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
Will the applicant carry liquor liability insurance? Ifso, please provide the carrier's name and amount of coverage.
C r.\ r ,<) {.." Y' ~LFc tI-; 11 I C' (1.. C' (.1 ..:'
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APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING
ENFORCEMENT
CITY/COUNTY
DA TE APPROVED
CITY FEE AMOUNT
LICENSE DA TES
DA TE FEE PAID
.,
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event
PS.09079 (02/05)
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Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133, S1. Paul MN 5510 1-5133
(651) 215-6209 Fax (651) 297-5259 TTY (651) 282-6555
WWW.DPS.STATE.MN.US
APPLICA TION AND PERMIT
FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
NAME OF ORGANIZA TlON
'~.r
nse will be used. If an outdoor area, describe
DATE ORGANIZED
C!(::i' 75 ..
CITY
pt1 ,-' '1f:r.:.' e-Ili)
BUSINESS PHONE
( )
TAX EXEMPT NUMBER
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STREET ADDRESS
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STATE
ZIP CODE
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HOME PHONE
(7j}) ;t. 7j-~.- 43 l-ftl
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NAME OF PERSON MAKING APPLICATION
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ORGANIZA nON OFFICER'S NAME
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Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
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Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage.
/' " /' j;;j C' V' lOe f-t'. if tII / c." t:' c~ c t:'
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APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING
ENFORCEMENT
CITY/COUNTY
DA TE APPROVED
CITY FEE AMOUNT
LICENSE DATES
DA TE FEE PAID
,
SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event
PS-09079 (02/05)
.y,Q
/
Council Agenda: 4/24/06
SC. Approve Chane:e Order No.2 for the Chelsea Road Extension (90th Street to CSAH
39) and School Boulevard (Chelsea Road to 1.330 Feet South) Proiect (City of
Monticello Proiect No. 200S-11C) (WSB)
A. REFERENCE AND BACKGROUND:
This change order relates to modifications made to the Otter Creek lift station, which was
constructed as part of the Chelsea Road and School Boulevard extension project.
Modifications to the lift station are described below:
1. Valve Manhole: The valve manhole for the lift station was reduced to a
shallower depth, as requested by Public Works, to allow for easier maintenance
and access, increased safety and reduced groundwater infiltration. The deeper
manhole was included with the lump sum bid for the lift station. As a result, a
deduct for the shallower manhole has been accounted for in the lift station unit bid
pnce.
2. Air Release Manhole: With the reduced depth in the valve manhole, a high
point was created in the forcemain exiting the valve manhole, creating a need for
an air release manhole to be constructed. This manhole will allow air to be
released from the forcemain system, which could cause increased pumping
headloss if trapped.
3. Bypass Manhole: The lift station included a bypass pipe system to be used for
temporarily bypassing flows as a back-up system to the lift station pumps. This
system was originally designed with an auxiliary connection that did not include a
manhole. Public Works requested including this system in a manhole, resulting in
easier maintenance, access and increased safety.
4. Lift Station Piping Modifications: With the addition of the air release manhole
and bypass manhole, additional piping and valving was needed to connect these
manholes to the lift station.
The contractor did not provide the additional cost information to us until this winter and
we have since been negotiating the amounts with them.
These costs will be funded from the City Trunk Sanitary Sewer Fund.
B. ALTERNATIVE ACTIONS:
1. Approve Change Order No.1 in the amount of$33,159.60 for R. L. Larson
Excavating, Inc.
C. STAFF RECOMMENDATION:
The City Administrator, Deputy City Administrator, Public Works Director, and City
Engineer recommend selecting Alternative No.1.
C: '11)o(:unltlf.is and $euJ'*tslda'IMI.grosstlf.ger\J..ocal &tting.fITemporary Internet Files\OLK3\AGN ITM-Cheb;eaRdApproveC02..042406.duc
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Council Agenda: 4/24/06
D. SUPPORTING DATA:
Change Order No.2
Letter from WSB & Associates, Inc.
(:: IDQCUltlent.f aftd Setting..,lda"".gro.fsillf{erlLocal Sett;ngs\T~mporory internel FI/esIOLK3\.A(jN rrM-.('hel.fti!aRdApproveC02-042406.doc
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APR-18-2006 03:49 PM
~-1a-2B06 14:09
P.02
P .1i!J2/93
CHANG! ORDER NO.2
CHILlIA "DAD IlTEN8ION (10TH ITftRT TO ClaM II) ANI)
SCHOO," IOUI.IV"RD (CMILlIA !tOAD TO 1,1111 '!IT JOU1'H)
"'''ee-r. UTlLI"I', AND AP'URTINANT WORIC
CITY 0' MONT1CtllO 'R~ICT NO. IOGS.He
WII PAo.Il~ NO. '111-11
411 MOOt
ADDID WO"IC
CONT"ACT~:
... L. L""ION IXCAYAnNG,INC.
IISS . , ITH ITREET IE
IT.Cl.OUD, UN 1130.
C:ITY OF MONTICa.LO
50s WALNUT ""UT, IUITI 1
MONTlOEl.LO, MN 'UG
'fOU ARE DIRECTED TO MAKE THE' FOLLOWING CHANGES IN THE CONTAAcr DOOUMENT DESO,.rFTION:
CON'TMCT OUANTlTIES AAE MOOlPII!D AS SHOWN ON 'T111!! ATTACHED DETAIL
IT IS UNO!Fl$TOOO THAT THIS CHANGE ORO!~ INeLUOU ALl ADOITIONAI. OOIT' ANO TIME mENSION8 WHICH Alii! IN ANY WAY, SHAPE, OR
F!OAM AlSOCIATEO WITH THE WORK ELeMENTS OIilCRIBEO ABOvE;.
OELeTED WORt<
CHANDE IN CONTRACT PAlCI.
DHIINQIIN CONTRACT TIMi:
ORIGINAl CONTRACT PRICE:
PREVIOUS CHANGE OACE" NO.1
CONTRACT "RICE PRIOR TO TI-I18 Ot1ANQIj OFlDER:
NET CONTMCT INCAI"IE WITH THIS CHANQ E ORDER;
CONTAACT f'RICE WITH ALL APPROVED CHANGE OFlDE/ilS:
t2.11lla.381.11 ORIGINAl, CONT~AeT TIME:
1&1,170.00 NET CHANDE mOM PAEVlOU8 CHAND! ORDERS:
la,721,38U8 CONTRACT 'l'IM! ""'01ll TO THIS CHANGIi OAl)EA;
133,15t.10 NfT INCl'U!4S! WITH CHANQE OACEA:
12,78.,12'." CONTRACT TIME wrn~ APPROVeO CHANGE OAOERS:
1IllaOot
NONE
7/11200e
NONE
7I1J2001
wall" AlSOCIATES, INC.
ENGINE!"
A. L. !.AASON EXCA""TlNQ. INC.
OONTRACTOA
APPRQVI!D BY:
CITY ENGINII,.
CrTY ADMINISTRATOA
C~TI
DATE
1r,1t'_'N~/I'rv,""" _111""1." Cll..... ",., I.*H
~~_) G
APR-18-2006 03:50 PM
APR-18-2006 14: 09
P.03
P,0J/03
CHANG! O"D!JII NO.2 DliTAlL.
CMll.el.. "OAD IIXTINIION (10TH ."'IIT Tg C1IAH HJ MD
SCHOOl. 'OUI.IVMD (CMILllA ROAD TIg 1,S10 RET IOUTtf)
'11tIIT, UT1UTI", AND AJlPUmNANT WORK
CITY or MONTlGlLLO ""0...1;1' NO. JOGIot1C
W" '''G.lICT NO.1 S".11
41111JOOt
ADDI!D WORI(
I,,", No. Dttarlllllon Qay Vi'll' ,,,. lll1entflll ~o""t
130 AIR "ELEA8Ii MANHOlE LUMP SU~ '15.120.00 "5.820.00
131 BYPASS MANHOLE ~UM" SUM .'7,.sOO.00 $17,10'.00
U2 LIFT STATION PIPINQ MODIFIOATIONS LUMP SUM S1 1,817.80 " 1,817.80
TOTAL ADDED WOAI< CHANQ! OADEA NO.2 844,748.80
DI!LeT!D WORK
IWl'I No. DMottptlon a" unit 'rlcl !xtIndlld Amount
133 VALV! MANHOll! LUMFI SUM (S1 1,!l7.0Q) 1111,517.00)
TOTAL DELETED WORK CHANGE OAD!R NO, 2 (111,U7.00)
TOTAL ADJUIT"'ENT TO ORIGINAL CONTRACT AMOUNT US, 1 ,..eo
...__.... ..' iIII' ... . ., .., .___ _._.
i'ofti.-P:03
:; ,0
.A
WSB
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
& Associates. Inc.
April 19,2006
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
AUn: Dawn Grossinger, Deputy City Clerk
Re: Change Order No.2
Chelsea Road Extension (90th Street to CSAH 39) and
School Boulevard (Chelsea Road to 1,330 Feet South)
Street, Utilities, and Appurtenant Work
City of Monticello Project No. 2005-11C
WSB Project No. 1338-13
Dear Mr. Wolfstellcr:
Please find enclosed Change Order No.2 (in triplicate) for the above-referenced project for your
review and approval. The increase to the revised contract amount is $33,159.60, resulting in a
new revised contract total of $2,754,527.98. This change order amount will be included with the
next construction pay voucher processed. We hereby recommend that the City of Monticello
approve Change Order No.2 for R. L. Larson Excavating, Inc.
If you have any questions regarding the above, please do not hesitate to contact me at 763-287-
7162.
Sincerely,
WSB & Associates, Inc.
Shi1JJ~P.~ f%~
Project Manager
Enclosures
cc: Doug Moen, R.L. Larson Excavating, Inc.
srb
K.'I.tJI.Ux., :rv.,J/;wr'\("il/WTI/4'I/llf1IItI,,,,,,VJ1R ('02 r M,.'iI{':\'r('lfl'r-j)"l!)O~,jkl('
Minneapolis I St. Cloud
Equal Opportunity Employer
.)1
Council Agenda: 4/24/06
5D. Consideration of Authorizim! Preparation of Plans to Extend Trunk Sanitary Sewer and
Watermain past the Proposed Karlsbure:er Foods Development Site as part of the Chelsea
Road Extension (90th Street to CSAH 39). School Boulevard (Chelsea Road to 1.330 Feet
South). and Northwest Lift Station and Force Main Proiect (City of Monticello Proiect
No. 2005-11C) (WSB)
A. REFERENCE AND BACKGROUND:
City staff is in the process of entering into a purchase agreement with Karlsburger Foods for
development of a site that was recently platted as the Otter Creek Crossing 2nd Addition plat.
The proposed site is located along Chelsea Road between CSAH 39 and School Boulevard
(renamed Dalton Avenue), adjacent to the Otter Creek lift station site. A 36-inch trunk sanitary
sewer stub was extended from the lift station for future extension to the west through the
adjacent YMCA property. This trunk sanitary sewer will need to be extended from the stub
past the proposed Karlsburger Foods site, approximately 350 feet prior to development of the
site to avoid impacting the site since the sewer is approximately 40 feet deep and will require
excavating a large area that will encroach upon the site. It is anticipated that a purchase
agreement with Karlsburger Foods will be complete in May and it is recommended that the
trunk sanitary sewer and watermain be extended past the site within the City's current property
as soon as possible.
As an option, the utilities could be extended further past the Karlsburger site an additional 70
feet to the City's property line; however, it is not anticipated that development of the remaining
areas of the Industrial Campus will be impacted by the utility extension. In addition, the trunk
line will only need to be extended to the west at the time areas outside of the Industrial Campus
develop.
The area platted for the Karlsburger Foods site included a permanent drainage and utility
easement to extend the trunk sanitary sewer and watermain through the plat. A temporary
construction easement will be obtained also as part of the purchase agreement.
Funding for the project will be derived from City trunk funds. It is anticipated that the sanitary
sewer and watermain extension can be included as a change order to the contract with R. L
Larson Excavating for the Chelsea Road Extension project constructed last year.
B. AL TERNA TIVE ACTIONS:
1. Authorize preparation of plans to extend trunk sanitary sewer and watermain past the
proposed Karlsburger Foods site.
2. Authorize preparation of plans to extend trunk sanitary sewer and watermain past the
proposed Karlsburger Foods site to the City's property line.
3. Do not authorize the preparation of plans at this time.
<d-~
c., llJocumt!nts and &ttingsldawn.gro,wnger\Local SettinKs\TempDrary Internet Files\OLK3\AGN ITM-Chelsea fload SaJlilaryWaterExtension...(J42406.doc
Council Agenda: 4/24/06
c. STAFF RECOMMENDATION:
There is a need to extend the trunk: sanitary sewer now past the Karlsburger Foods site in order
to avoid impacts to the site prior to development. The sewer could be extended further
approximately 70 feet; however, it does not appear that it will impact future development
within the Industrial Campus and extension of the line will be needed as the areas to the west
develop. Therefore, the City Administrator, Public Works Director, and City Engineer
recommend Alternative No.1.
D. SUPPORTING DATA:
Preliminary plat
~-q
C:\1Jocuments and SettingsldalWl.grossinger\Local &trings\Tempoltlry Internet Fl/es\OIX3lA(jN /TM...(.'hel.fea Road .'"'io.nitaryWaterExtens;on-041406.do("
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5E. Approve ChaDfze Order No.3 for the Extension of Meadow Oak Avenue from the
Current Termini to CSAH 18 (City of Monticello Project No. 2005-05C) and the
Reconstruction of a Se2l11ent of CSAH 18 and CSAH 39 for the CSAH 18/1-94
InterchaDfze Project (City Project No. 2004.1C) (WSB)
A. REFERENCE AND BACKGROUND:
During construction of Meadow Oak Avenue and CSAH 18, it was determined that the site was
short of topsoil and that additional topsoil was needed for placement in the boulevards along
these roadways. The contractor was given permission to haul excess topsoil generated from the
Chelsea Road extension project to the site. The contractor had salvaged and re-spread existing
topsoil generated from grading operations to the greatest extent possible prior to hauling in new
topsoil borrow. Due to the sandy soils on site and the lack of adequate topsoil, the topsoil
borrow was needed to finish the boulevard areas. It should be noted that the design of Meadow
Oak Avenue was occurring simultaneously to the grading of the street by the adjoining
developers. Approximately 1,380 cubic yards of topsoil borrow was hauled to the site and
placed along the boulevards adjacent to Meadow Oak Avenue and CSAH 18. This change
order includes payment for the labor and equipment to load, haul, and place the topsoil borrow
in the boulevard areas.
B. ALTERNATIVE ACTIONS:
1. Approve Change Order No.3 in the amount of$18,315.00 for R. L. Larson Excavating,
Inc.
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No. 1.
D. SUPPORTING DATA:
Change Order No.3
Letter from WSB & Associates, Inc.
') .1
_J
F: \da\U!g\wmJproc 120t)(S Council Agenda.s\4-24-06 cc agenda\5EMeadov.Oat..(veCSAH lSCSAHJi)(,03-042406.doc
APR-18-06 TUE 01:17 PM RL LARSON EXC INC
~~k-l~-~~ 09:53
FAX NO. 320 654 1021
P. 03
P. 02.-'e3
CHANGEORDEANO.3
CSAift8 (SC".HOOl. BOUlEVARD TO MEADOw O.-K AVl!NlIE). .
es.u. U(CSAH 7$ TO HART .OULEVAIID), AND
MiACow ~ A~NUE (CSAH 18. TO CSAH75)
STA!ETAND UTlUTY lMPIWVlMIHTS. AND APPUAT!NANT WORK
c..Wt 1a:, COUNTY ....OJ!CT NO. 116-110061
CSAH 3S:. COUN'I'Y "AOvECT HO.~,
cSAH 'S1CSAH 31: . CITY PROJECT' NO. 2004-01 C
MEADOW OAt( AV!.:NUE: CI11' PRO.lEC'i NO. 2OO,~OSC
; Ws8 PRO"'ECT NO. '62'7-03
." 11I2OOfj
O....,.eR:
-..-. '-
CONTJW:TOR:
.6n. OF MONncEW.O
5OSWAI.N!1T STAEE'I', SUITe 1
J.fONTlCF.(lO. MN 5.'>S&2
ft. L ~SON exCAVATING. INC. .
225$ . , mt. STRtET SE
ST. Ct..OUD. MN ~
--_.-
. YOU ARE O!ReCTED TO MAKE THE FOLLOWING CI-lANGES IN TI-lE OONTRACT OOCUMENT OESC!'llPTIOIII:
CONi~CT aUANTrnes ARE MODIFIED I\S S!10WN ON THe AT'rACHEO.OETAII..
IT is UNOERSTcOD THAT THIS CHANGe OReER INCWDES ALL ADDiTIONAL COSTS ANO TIM= EX"r=NSIONS WHlCI1 AF~E IN ANY WAY, SHAPE. OF!
FORM ASSocrAT~n WF;I-j TIolE WORK El.eP.lENTS OesCRIBEO ABOVE.
CH.A.Nc1E IIIl CONTRACT PRttE:
. .~'GINN. CONn~ACi PRICE:
.. ?,Atv:OL.l$ CHANGE OROERS 1 ANO 2:
CONTR'.cr PR.lCJi PRIOA TO THIS CHANGE OFlOiA:
.. . NET CONH~ACT ~II/CABASE Wi.... THIS CHANGEORDfR:
OONTRAOT PFilce WI11, A.LL APPF\OVEO CHANGE ORDms:
CH.lHGf! IN COHTAACT TIME: .
S1,913,0!9.40
$21,SSI5.80 .
SI~,755::ZO
$13,315,00
S',9$9;070.20
oRIGINAl. CONTRACT TIMe:
NET CHANGE FMM PREViOUS CHANGE OFl[)ER&,
. CONTRACT TiME PRIOI'! TO TIolFS C~ANGE ORDER:
NET INCREASI; wm.f CiolAIIIAi ORDER:
. CONTRACT TIME' WfTloi APPROVED CHANGE DROPERS:
911/200,5 .
36 DAYS
101712005 .
N/A
1017120CS
"2'0
~
/~-=--- .
co CTOIHIIGNATURE --...:;:.;::
was & ASSOCIATe;s~ INC.
/i'lGINEEA
R. L.LAASON EXCAVATlNG,INC.
CONTRACTOR -
APPROVED 9Y:
CITy ENGINeER
CITY ADMlNISTFlA.TOR
--
. DAn::
DATE
fl'X"127'1b'.4l11l1lnll....;,4, CIo~.. 0rW '.mC0-3
~ ~
APR-18-06 rUE 01:16 P~ , RL LARSON EXC INC
""I-""_-.l.o-~ Id':l.:)...~
FAX NO. 320 854 1021
P. 02
P.83/03
CHANGE O,RDER NO. 3 ~ET AIL ,
C$AH ,. ($CHOOl.. BOULIiVAAD TO MEAQOW OAK AVENUE).
CSAH 3t (CSAH 7S,TO HART BOULENAAO). ~D
MEADow (),lI( AVENue (CSAH 1. TO CSAH 7'S)
$TREET ANa UTlLnY IMJ'FlOVEMEHTS AND APPUFlTENANT WOAl<
CSAM ,.: COUNTY PAo.JECT NQ.llG-111-aS1
CSAH as: CCUNTY PROJECT NO.1C49-OS1
CSAH 111CSAH H: CITY "I'lOJECT NO. 200&-01C
MEAooW OAK AVENUE; CITY PROJE'CT NO. 2OClS-05C
WSB PROJECT NO.1 &27..Q3
4/1Il2Oo&
ADDED rrEMs
------
J18m No. D.ClIJtflon
---..--
Q~
Unit
JlIrlce
ExtO"dod .MIDU1lt
'7'1
TOPSOIL BORROW
LUMP SUM '16.315.00
$18,315,00
TOTAL ADDED ITENlS CHANGE ORDER NO.3
$18.315.00
DELETED ITEMS
....------
---
Item No. De$cription
Qty
Unit
PrIce
E.ztencled AmoUnt ,
- ...:....-
TOTAl DELETED ITEMS CHANG!: ORDER NO.3
TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT
......
so.OO
$18.315.00
kilm..U".tJI1....,"'1'~ '='A.__ nl9f.r,'.Ift"",.I\ar...,
TOTAL p. 03
3 ') ~
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A
WSB
& Associates. Inc_
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis. MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
April 19, 2006
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Attn: Dawn Grossinger, Deputy City Clerk
Re: Change Order 1\0.3
CSAH 18 (School Boulevard to Meadow Oak Avenue),
CSAH 39 (CSAH 75 to Hart Boulevard), and
Meadow Oak Avenue (CSAH 18 to CSAH 75)
Street and Utility Improvements and Appurtenant Work
CSAH 18: County Project No. 86-18-061
CSAH 39: County Project No. 86-39-061
CSAH 18/CSAH 39: City Project No. 20Q4-0IC
Meadow Oak A venue: City Project No. 2005-05C
City of Monticello, Minnesota
WSB Project No. 1627-03
Dear Mr. W olfsteller:
Please find enclosed Change Order No.3 (in triplicate) for the above-referenced project for your
review and approval. The increase to the revised contract amount is $18,315.00, resulting in a
new revised contract total of $1,959,070.20. This change order amount will be included with the
next construction pay voucher processed. We hereby recommend that the City of Monticello
approve Change Order No.3 for R. L. Larson Excavating, Inc.
If you have any questions regarding the above, please do not hesitate to contact me at 763-287-
7162.
Sincerely,
WSB & Associates, Inc.
/lwlAw. /1. &~
Shitiani K. Bisson, P.E.
Project Manager
Enclosures
cc: Doug Moen, R.I.... Larson Excavating, Inc.
Nancy Hanzlik, WSB & Associates, Inc.
Doug Hackman, WSB & Associates, Inc.
srb
Minneapolis I S1. Cloud
Equal Opportunity Employer
K:\lJUl27.fJ.MiJ",iIlV,Hif,',tV.IR ('0 3.,. wo//r",IIt<T.fJ4/I)(J(1.I1i1("
/3l{
Council Agenda: 4/24/06
SF. Consideration of Authorizin2 the Preparation of Plans and Specifications for Gradin2
and Draina2e Improvements at the Monticello Middle School and A Glorious Church
(WSB)
A. REFERENCE AND BACKGROUND:
As part of the interchange improvements to 1-94 and CSAH 18 as well as the adjacent
commercial development, the City of Monticello has made significant improvements to the
storm sewer pipe system under 1-94 into the City's storm sewer system. These improvements
will affect the runoff rates and the runoff volume into the existing City storm sewer and
ponding system. In response to these changes, two ponding projects have been recommended
to manage the new runoff rates and solve existing drainage issues.
The installation of new storm sewer systems under Interstate 94 has replaced older, poor, or
non-functioning storm sewer pipes and has improved the drainage of approximately 500 acres
on the south side of the interstate. While these new developments all provide on site ponding,
the improved storm sewer lines will result in a significant increase in storm flow north to the
City's storm sewer system. In response to these changes, it has been recommended that the
City increase the size and capacity of two receiving storm water ponds.
These pond improvements have been previously identified by the City's Surface Water
Management Plan and with the improvements upstream, the projects take on greater
importance in the City's overall surface water management.
The first project is located at the Monticello Middle School on property east of the school and
running track, adjacent to County Road 75 on the south side. The current pond will be
expanded to increase the storage capacity and alleviate temporary flooding in the area. It is
anticipated that the excavated soils will be deposited on site. This project will also be
coordinated with the Middle School science staff so it will create a "wetland lab" for use by the
school.
The second site expands an existing storm sewer pond south of County Road 39 and east of A
Glorious Church in the northeast corner of Monticello. In addition to expansion of the existing
pond, the project will also correct erosion problems found in the existing drainage swale along
the south church property line. Currently, outfall from the Hart Boulevard trunk storm sewer
line on the south side ofthe church is in need of some erosion control and it may be necessary
to do some grading to direct the runoff to the new culverts under the entrance to the proposed
lift station at the CSAH 75 and CSAH 39 intersection. It is anticipated that this project will
also utilize neighboring properties to deposit excavated soils.
Conversations with both adjoining property owners will occur during the design phase with a
resolution to the issue brought back to the Council with the plans for approval.
C:\Docwnents and !kttingsldawn.grossingerlLocal Settings I Temparary Internet Fi/eslOLK3IAGN ITM-MiddleSchooIPolUl.,'..'1106.doc
~ SJ
Council Agenda: 4/24/06
B. AL TERNA TIVE ACTIONS:
1. Authorize plans and specifications for grading, site work, and drainage improvements at
the Monticello Middle School and A Glorious Church sites.
2. Do not authorize the preparation of plans and specifications at this time.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Engineer and Public Works Director to select Alternative
No.1.
D. SUPPORTING DATA:
Location Map
C:lDocuments and Serringsldawn.grossingerlLocal Settings I Temporary Internet FileslOLK3\AGN ITM-MiddleSchooIPond-042406.doc
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PROPOSED
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MONTICELLO MIDDLE SCHOOL
POND SITE
A GLORIOUS CHURCH
PROPOSED POND SITE
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TT' ~ .11: "~:" :!: - .~~ ~-~ .~E;::t:: ...,. ~ ~..
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April 20, 2006
WSB Project No.01627.50
~
WSB
701 Xenia Avenua South, Suite 300
Minneapolis, MN 55416
www_wsbeng.com
Location Map
Proposed Pond Sites for
Monticello Middle School and A Glorious Church
*
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FIGURE
1
A
_3 '-,7
ct Aa-sociaters. Inc.
CITY OF MONTICEL
:my."-....' ~'~I
~,
DTlIE.,l,D. ~I/fIE!!ilIT~
163-541-4800 - Fax 163-541-1100
~NFRASTRUCTURE . ENGINEERING . PLANNING' CONSTRUCTION
~;\OI617-50\cad\E,~IOIt$\Propo<O<l Pond S... Figu,"l.dwg, 4/19/2006 12:34:29 PM
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No. 1.
D. SUPPORTING DATA:
· Final AUAR (submitted at the March 27,2006 City Council meeting)
· Draft Resolution
:2 (;
:) :~
{j: \CQuncilReporl$\2006\Apri/\24thIAGN nM~AUAR Adoptwn ~041406.dQ(:
CITY OF MONTICELLO
RESOLUTION NO. 2006-33
A RESOLUTION ADOPTING THE FINAL ALTERNATIVE URBAN
AREAWIDE REVIEW (AUAR) FOR THE JEFFERSON AT MONTICELLO
DEVELOPMENT
WHEREAS, an AUAR has been completed for the project pursuant to Minnesota Rules
4410 and identifies and assesses the environmental impacts and mitigation
measures associated with the Jefferson at Monticello development area;
WHEREAS, the Jefferson at Monticello development area is located on approximately
890 acres southwest ofI-94, north ofCSAH 39, and south of 120th Street
NE in Wright County;
WHEREAS, two proposed development scenarios and the existing conditions have
been evaluated by the Planning Commission and City Council as part of
the AUAR process as follows:
Scenario 1: Existing Conditions
Scenario 2: Guided Land Use Plan (170 acres residential; 280 acres
industrial; 440 acres golf course/open space)
Scenario 3: Developer Concept Plan (504 acres residential; 73
acres commercial/light industrial; 313 acres golf
course/open space)
WHEREAS, the Jefferson at Monticello AUAR was distributed for a 30-day and a 10-
day comment period;
WHEREAS, comments received on the AUAR have generated information adequate to
determine mitigation measures associated with the potential development
in this area;
WHEREAS, the comments received during the comment period are included in the
public record for the AUAR;
WHEREAS, development in the Jefferson at Monticello area is expected to comply
with all the City and review agency standards as well as the mitigation
measures outlined in the AUAR.
yo
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MONTICELLO, MN:
That the March 2006 Final AUAR for the Jefferson at Monticello development area be
adopted.
Adopted this 24th day of April, 2006.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
L~t (
Council Agenda: 4/24/06
5H. Consideration of resolution adoptine: the National Incident Manaeement System and
Resolution Promotine Intrastate Mutual Aid Ae:reements.. (RW)
A. REFERENCE AND BACKGROUND:
In 2005, the President of the United States passed two homeland security directives with
specific impact on state and local jurisdictions. In Minnesota, the Division of Homeland
Security and Emergency Management is responsible for implementing the President's
directives through its administration of grant programs. This agency has identified mandatory
NIMS (National Incident Management System) compliance requirements for the following
disciplines including emergency management, law enforcement, fire protection services and
other public safety departments administered through local governments.
City Councils must formally adopt by resolution NIMS as the community response standard
and forward this resolution to the State of Minnesota if we want to ever be eligible for any
type of federal or state grant funding for preparedness issues. The state had originally wanted
all cities to formally adopt a resolution supporting NIMS by December 30, 2005, but since we
had missed that date, we can still adopt a resolution and forward a copy to the state. While
there may not be any immediate grant requests that are in jeopardy, the Fire Department may
be attempting to apply for grant funds that would fall under this requirement, so it is beneficial
for the City to eventually adopt this resolution.
In addition to adopting NIMS as the community response standard, it is also recommended
that the Council adopt a resolution promoting the use of intrastate mutual aid agreements
whereby the City would agree to give and/or receive aid from other government agencies from
within the state for an emergency disaster. While the City of Monticello has responded to
this type of mutual aid assistance in the past when neighboring communities have suffered a
disaster, formally adopting the resolution is recommended by the State Department of
Emergency Management and Homeland Security.
B. ALTERNATIVE ACTIONS:
1. Adopt the resolutions designating NIMS as the basis for all incident management in
Monticello and a resolution promoting intrastate mutual aid agreements.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and the Fire Chief that the resolutions be
adopted as outlined.
D. SUPPORTING DATA:
Copy of proposed resolutions.
l-\ ~
CITY OF MONTICELLO
RESOLUTION NO. 2006-30
PROMOTING THE USE OF INTRASTATE MUTUAL-AID AGREEMENTS
WHEREAS, Chapter 12, Section 12.331 allows for Intrastate Mutual Aid, and direct, timely assistance between
jurisdictions is critical; and
WHEREAS, the possibility of the occurrence of natural and other disasters of major size and destructiveness
exists and is increasing; and
WHEREAS, there is a need to ensure that preparations of the City of Monticello will be adequate to deal with
disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the
people of the state; and
WHEREAS, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the
state and to cooperate with the federal government with respect to carrying out emergency management
functions; and
WHEREAS, it is the policy of Minnesota that all emergency response functions of this state be coordinated to
the maximum extent with the comparable functions of the state government, including its various departments
and agencies, of other states and localities, and of private agencies of every type, to the end that the most
effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with
any disaster that may occur; and
WHEREAS, the director of each local organization for emergency management may, in collaboration with
other public and private agencies within this state, develop or cause to be developed mutual~aid arrangements
for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with
unassisted. These arrangements must be consistent with the local emergency operations plan and, in time of
emergency, each local organization for emergency management and its members shall render assistance in
accordance with the provisions of the mutual~aid arrangements; and
NOW, THEREFORE, be it resolved that the City of Monticello promotes the efficiency and effectiveness of
intrastate mutual aid by designating a City of Monticello administrator, manager, public safety director, police
chief, sheriff (if applicable), fire chief, public works director, or other officer who, exercising discretion and
considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as
considered necessary if a danger of fire, hazard, casualty, or another similar occurrence exists outside the
political subdivision and by its suddenness it would be impractical for the governing body ofthe City of
Monticello itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster.
Adopted by the Monticello City Council on this 24th day of April, 2006.
ATTEST:
Clint Herbst, Mayor
Rick Wolfsteller, City Administrator
ql
DESIGNATION OF THE
NATIONAL INCIDENT MANAGEMENT SYSTEM
AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN
THE CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2006-29
WHEREAS, the President of the United States of America issued Homeland Security Presidential Directive 5 to
enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive
national incident management system; and
WHEREAS, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S.
Department of Homeland Security to develop and administer a National Incident Management System; and
WHEREAS, the secretary of the U.S. Department of Homeland Security developed and administered the
National Incident Management System (NIMS) to provide for interoperability and compatibility among federal,
state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and
technologies covering the incident command system; multi-agency coordination systems; unified command;
training; identification and management of resources (including systems for classifying types of resources);
qualifications and certification; and the collection, tracking, and reporting of incident information and incident
resources; and
WHEREAS, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: DESIGNATION OF THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN THE ST ATE OF MINNESOTA; and
WHEREAS, the collective input and guidance from all federal, state, local, and tribal homeland security
partners has been, and will continue to be, vital to the development, effective implementation, and utilization of
a comprehensive NIMS; and
WHEREAS, it is necessary and desirable that all City of Monticello agencies and personnel coordinate their
efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and
resources will improve the ability of City of Monticello to utilize federal funding to enhance local and state
agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of the NIMS are already an integral part of various
incident management activities throughout the City of Monticello, including current emergency management
training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption ofa
standardized Incident Command System; and
NOW, THEREFORE, we do hereby establish the National Incident Management System (NIMS) as the City of
Monticello standard for incident management.
Adopted by the Monticello City Council on this 24th day of April, 2006
4y
ATTEST:
Rick W olfsteller, City Administrator
Mayor Clint Herbst
I \ t,:"
V">\v
Council Agenda: 4/24/06
51. Consideration of Approval of Plans and Specifications and Authorize Advertisement for
Bids for the 2006 Street Reconstruction Prol!ram (Citv of Monticello Proiect
No. 2006-01 C) (WSB)
A. REFERENCE AND BACKGROUND:
The original feasibility study prepared for the 2006 Street Reconstruction Project initially
presented the completion of the streets in Area 3 of the City's Overall Street Reconstruction
Program. Council direction for the project was to initially construct a portion ofthe project
with the available funds for the street project without having to assess for the project. That
project initially included the reconstruction and realignment of Otter Creek Road from CSAH
75 to River Street, River Street from Otter Creek Road to the east curb line of Kenneth Lane
and Riverside Drive. The project also included the construction of a bituminous trail along
Otter Creek Road and River Street. The estimated cost from the feasibility study for this
alternate was approximately $800,000.
The public hearing for the project was held by the City Council at the January 9,2006 meeting.
Many ofthe comments from residents within the project area addressed the proposed width of
the streets, the inclusion of a trail/sidewalk, and the overall size and scope ofthe project. The
final project that was approved by the City Council as a result ofthe public hearing included
the following:
· Reconstruction of River Street at 32 feet wide from Otter Creek Road to the west limits
of the Ritze property.
· Reconstruction of Otter Creek Road at 32 feet wide from CSAH 75 to River Street
including realignment of the intersection with CSAH 75.
· Reconstruction of Sandy Lane at 28 feet wide from Otter Creek Road to CSAH 75.
· Reconstruction ofwatermain and the street surface on Oakview Lane to correct
freezing issues.
· Reconstruction of Riverside Drive to its existing width with repair to the sanitary
sewer.
· Mill and overlay of Craig Lane.
· Sealcoat Kenneth Lane.
· Construction of a concrete sidewalk along Otter Creek Road from CSAH 75 to River
Street and westerly along the north side of River Street to the west end of the project
limits.
· It is also proposed to bid the construction of an off-street parking area and subsurface
drainage improvements in Mississippi Drive Park. This project would create 21
parking stalls, including 4 handicap stalls, and would include the installation of a drain
tile, grading, aggregate base construction, concrete curb and gutter and bituminous
paving. This project is being re-bid due to high prices received in the fall of2005 for
the project. It is anticipated the City will realize some savings due to economy of scale
by adding to a larger project. This project is proposed to be bid as an alternate with the
street reconstruction project.
L.J1o
F:\da\.lltl~hlf.mlproclJ()06 Cm./f/cil Agellda.~\4-U,()(j cc agel1da\5/-1(X)(; Slreel Reco" Pllltl Approval and APR ,(}4J406.d()(;
Council Agenda: 4/24/06
The Engineer's Opinion of Probable cost for the construction ofthe project as presented is
approximately $1,460,000. The estimated cost of the project as presented represents the
following features, which were either added at the public hearing or developed through the
course of the final design process.
· The reconstruction of River Street was lengthened approximately 600 feet at the public
hearing. The additional street work crossed a low point in the street, which required
the redirection of some of the storm sewer on River Street. The storm sewer from this
low point was initially designed to drain west. The revised construction limits forced
the pipe construction back to the east, which increased the size of the
retention/detention structure at Otter Creek.
· The proposed grading on River Street due to the widening and boulevard requirements
will require the construction of a 200- foot retaining wall at the west end of the
cemetery. The trail was originally designed to be behind the curb through this area.
This is an addition from the feasibility study.
· The change of the trail from bituminous surfacing to concrete also represents a cost
increase for the overall project.
· The construction of the proposed sidewalk and street construction across Otter Creek
required a second wall to be constructed on the west side of River Street to minimize
impacts to private property. The original design had included a headwall to be
constructed on the east side of the roadway. In addition, an ornamental railing will be
constructed on the wall adjacent to the sidewalk crossing to protect cyclists and
pedestrians.
· The pavement surfaces on Craig Lane and Kenneth Lane have been re-evaluated by
Public Works. Conditions on these streets have worsened since the original pavement
ratings were completed and they are recommending replacing the pavement surfaces on
each ofthese cul-de-sacs with spot curb repairs as opposed to sealcoating and mill and
overlaying these respective streets.
The City's policy for street projects less than 32 feet wide has included the designation of one
side of the street to be signed as "No Parking." This year's project would include the
designation of Sandy Lane as "No Parking" on one side of the street, which does require a
resolution from the City Council.
The assessments proposed for this project represent a combination of commercial front foot
assessments as well as per lot assessments for the street and sidewalk improvements. It is
anticipated that final assessment values will be established at the assessment hearing planned
for October 2006.
Should the Council approve the final plans and specifications and authorize the Advertisement
for Bids, it is anticipated that the bids will be received and presented to the City Council for
consideration of contract award at the May 26, 2006 Council meeting.
L\l
C:\l)ocument.~ ana .'\ellillg.vld(1\1"I.gM.~sltlg(!"\I.(I(;(11 &//ing:$\1bmporary Inlemel File,{\OLK3\A(;N ITM-lfJ06 Street llecvt/ Plcm Approvell and Al'B-04:!4()6.d(J(~
B. ALTERNATIVE ACTIONS:
Council Agenda: 4/24/06
1. Approve the plans and specifications as presented and authorize the submittal of the
Advertisement for Bids for publication.
2. Adopt a "No Parking" resolution for one side of Sandy Lane between Otter Creek Road and
CSAH 75.
3. Do not approve the plans and specifications.
c. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator, Public Works Director, and City Engineer
that the Council approve the plans and specifications and authorize the publication of the
Advertisement for Bids on the project. The project as proposed is consistent with the feasibility
study and overall program undertaken by the City in prior street reconstruction projects.
D. SUPPORTING DATA:
None
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C:IDucumellls (mil Setfillll.f\4(f1'I""gm.~.{inger\L(}c{lJ Settillg.l'\Temporal)! /llIenlel FiI(!.\'IOIX3L1l1N ITM.)()()6 Slrt:.:'(~' R(!(.:(}n Plall Apl'r(lV(l/ and A"-Il. ()424U6.
do(:
Council Agenda - 4/24/06
SJ. Consideration of a request for a final plat for Warnert Retail. a two lot commercial
subdivision. Applicant: Miller Architects & Builders (JO/ AS)
A. REFERENCE AND BACKGROUND
The applicants are seeking a final plat for Warnert Retail, which is essentially a replat of 3 lots
ofthe Commercial Court plat and 3 lots within the Commercial Plaza 25 plat. The rep]at is
intended to accommodate redevelopment on the two newly created lots. The City Council
previously reviewed and approved a Conditional Use Permit request for those proposed uses.
Both of the newly created lots meet the City's commercia] zoning requirements.
In a public hearing later on this agenda, the Council will be asked to vacate existing easements
related to the previously platted lots. Approval of this final plat, contingent on that vacation,
re-establishes new easements as shown on the submitted final plat.
The developer will be responsible for trunk fees only for the previously undeveloped portion of
the plat. The undeveloped acreage is approximately .87 acres lying at the northerly edge of the
plat. For commercial projects, trunk fees are typically required to be paid at the time of
building permit. The development agreement in this case requires them to be paid at execution
ofthe agreement, as the amount is relatively minor and does not necessarily apply to each new
lot specifically.
The applicant will be asked to execute a development agreement for this addition. A draft of
the development agreement has been included for reference. The development agreement
includes a waiver of appeal on the Cedar Street reconstruction project assessment. Based on
the project feasibility report, this plat is estimated to be assessed $149,684.86 for the Cedar
Street reconstruction. That amount will be broken out between the two lots based on acreage.
The final assessment will be based on actual costs.
B. ALTERNATIVE ACTIONS
Decision 1: Final Plat for Wamert Retail
1. Motion to approve the final plat, based on a finding that the plat is best suited for the
specific development needs of the property, and that all lots in the plat will continue to
meet the City's zoning requirements. This approval is conditioned on the execution of a
development agreement and the vacation of existing easements for the lots to be
replatted.
2. Motion to deny the final plat, based on findings to be developed by the City Council.
c. STAFF RECOMMENDATION
Staff recommends approval of the final plat. The plat only affects the shape and number ofthe
lots, not the use of the property. As noted, all lots would continue to conform to the City's
zoning regulations.
4q
Council Agenda ~ 4/24/06
D. SUPPORTING DATA
A. Final Plat
B. Draft Development Agreement
50
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WARNERT RETAIL
AGREEMENT dated
,2006, by and between the CITY OF MONTICELLO, a
1innesota municipal corporation ("City"), and
, a Minnesota
(the "Developer"),
1.
REQUEST FOR PLAT APPRO V AL. On
, 2_, the City approved a plat and
:onditional Use Permit for WARNERT RETAIL (referred to in this Contract as the "plat" and the "Development").
he land is situated in the County of Wright, State of Minnesota, and is legally described on the attached Exhibit "A",
2. CONDITIONS OF PLA T APPROVAL. The City approved the plat on condition that the
'eveloper enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or
egistrar of Titles within 100 days of the date the plat is approved.
3. RIGHT TO PROCEED. Within the plat, the Developer may not grade or otherwise disturb the
lrth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any
Jildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both
trties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has been
'3767
S~
ubmitted to the Wright County Recorder's Office, and 4) the City has issued a letter that all conditions have been
atisfied and that the Developer may proceed.
4. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans.
'he plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may be prepared,
ubject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans
'ary from the written terms of this Contract, the written terms shall control. The plans are:
Plan A-Plat
Plan B-Final Grading, Development, and Erosion Control Plan
Plan C- Final Utility Plans
Plan D - Final Lighting Plans
Plan E - Final Landscaping Plans
5. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a
icense to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction
",ith plat development.
6. EROSION CONTROL, STORMWATER CONTROL AND STREET CLEANUP. Prior to
initiating site grading, the erosion control plan, Plan B, shal1 be implemented by the Developer and inspected and
approved by the City. The Developer shall clean dirt and debris from streets that has resulted from site and
construction work in the plat by the Developer or any other person or entity. Prior to any site work or construction
in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street
cleaning, and street sweeping. The Developer shall pay an escrow deposit in the amount of $1000.00 for erosion
control and street cleaning purposes. The parties recognize that time is of the essence in control1ing erosion. If the
Developer does not comply with the erosion control plan and schedule or supplementary instructions received from
the City, or repeatedly fails to clean and sweep streets, the City may take such action as it deems appropriate,
including the performance of the necessary work by City staff or contracting to have it performed. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect
the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost
123767
2
s\.\
ie City incurred for such work within ten (10) days, the City may withdraw money from the escrow account or
raw down the letter of credit to the extent necessary to pay any costs. No site and construction work will be
110wed and no building permits will be issued unless the plat is in full compliance with the approved erosion
ontrol plan and storm water control measures are in place. Any unused escrow deposit will be released to
Jevelopcr upon completion ofthe development.
7. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required
,y this Contract, the improvements lying within public easements shall become City property without further notice or
,ction.
8. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area charge in
he amount of $6,087.39. The area charge is based on the gross area of the any previously undeveloped land
~ontained within the final plat, and is calculated as follows:
$6,997 per acre x .87 acres = $6,087.39
The storm sewer area charge for the Development shall be paid in full prior to the issuance of a building
permit for any lot.
9. SANITARY SEWER AREA CHARGE. The Development is subject to a sanitary sewer area
charge in the total amount of $2,462.10. The area charge is based on the gross area of any previously undeveloped
land contained within the plat and is calculated as follows:
$2,830 per acre x .87 acres = $2,462.10
The total sanitary sewer area charge for each lot in the Development shall be paid in ful1 prior to the issuance
of a building permit for any lot.
10. WATER MAIN AREA CHARGE. The Development is subject to a water main area charge in the
total amount of $1,896.60. The area charge is based on the gross area of any previously undeveloped land contained
within the final plat and is calculated as follows:
$2,180 per acre x .87 acres = $1,896.60
123767
3
s~)
The total watermain area charge for the Development shall be paid prior to the time of the issuance of a
uilding permit for any lot.
11. SPECIAL ASSESSMENT - CEDAR STREET RECONSTRUCTION.
A. Developer acknowledges that the Plat benefits from the following improvement project: Cedar Street
_econstruction ("Project").
B. The lots in the plat are hereby assessed by the City for the Project in the following amounts:
Lot 1, Block 1 ~ $74,101.41 ($49,400.94 per acre x 1.50 acres)
Lot 2, Block 1 ~ $75,583.44 ($49,400.94 per acre x 1.53 acres)
"he assessment amount is calculated on an acreage basis, based on a total estimated project cost of$149,684.86. The
rojcct cost includes concrete curb and gutter, bituminous street construction, storm sewer, 5' concrete sidewalk,
Itersection improvement (median), street lights, and driveway apron. These amounts shall be assessed against the
Its over a ten (10) year period accruing interest at the rate of five and one~halfpercent (5.5%) per annum with interest
ammencing upon adoption of the assessments and the first installment payable as part of the payable 2007 taxes.
EFERENCE THAT THE ASSESSMENT WILL BE PAID AT ACTUAL COST.
D. The assessments shall be deemed adopted on the date this Contract is signed by the City. The
leveloper, by signing this Contract, acknowledges that all procedural and substantive objections to the assessments
re hereby waived unconditionally, such waiver includes any rights of Developer, its successors or assigns to hearing
:quirements and any claim that the assessments exceed the benefit to the property. The Developer further waives any
ppeal rights otherwise available pursuant to Minnesota Statutes Section 429.081.
12. CEDAR STREET RECONSTRUCTION PROJECT EASEMENTS. Developer will convey to
le City at no cost contemporaneously with the execution of this Contract, the temporary and permanent easements
ecessary for the Project. All or any portion of the permanent easements granted herein shall be released upon the
edication of a corresponding easement on any future plat. The easements shall include the necessary consents from
ny mortgagee or other party having an interest in the easement area.
13. SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract,
lcluding the construction of the Developer Installed Public Improvements, the Developer shall furnish the City with a
JJ767
4
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etter of credit, in the form attached hereto, from a bank ("security") for $
alculated as follows:
Site Grading and Restoration
Landscaping
Lot Comers/Iron Monuments
TOTAL COSTS
TOTAL SECURITIES: Total Costs X 125%
, The amount of the security is
$ 9090.00
$ ???????
$ 600,00
$
$
his breakdown is for historical reference; it is not a restriction on the use of the security, The bank shall be subject to
he approval of the City Administrator. The security shall be for a term ending
. Individual
ecurity instruments may be for shorter terms provided they are automatically renewed on an annual basis until
xpiration. The City may draw down the security, with 30 days written notice to Developer, for any violation of the
:rms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public
nprovements are not completed at least thirty (30) days prior to the renewal of the security, the City may also draw it
own. If the security is drawn down, the proceeds shall be used to cure the default. Except for the landscaping
ecurity, upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the
:ity have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of
-Ie financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's
ngineer shall be retained as security until all improvements have been completed, all financial obligations to the City
atisfied, any required "as constructed" plans have been received by the City, any required warranty security is
rovided, and the public improvements are accepted by the City. The City standard specifications for utilities and
ireet construction outline procedures for security reductions. The landscaping security shall be retained until all
nprovements are completed and trees and other vegetation have been shown to survive for one year.
14. RESPONSIBILITY FOR COSTS.
A. The Developer shall pay all actual costs incurred by it or the City in conjunction with the
evelopment of the plat for legal and planning expenses incurred in connection with approval and acceptance of the
lat and preparation of this Contract.
)-3767
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B. The Developer shall hold the City and its officers, employees, and agents harmless from
laims made by it and third parties for damages sustained or costs incurred resulting from plat approval and
evelopment. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or
xpenses which the City may payor incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
:ontract, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
roder this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat
ievelopment and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest
,t the rate of eighteen percent (18%) per year.
E. In addition to the charges and special assessments referred to herein, other charges and
;pecial assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water
~onnection charges, City sewer connection charges, and building permit fees.
15. EXISTING SPECIAL ASSESSMENTS. Developer shall pay the balance of all existing special
lSSeSsments levied against the Development prior to the release of the final plat.
16. PARKING CROSS EASEMENTS. The parking cross easements shall be approved by the City
.A.ttorney prior to the release of the final plat.
17. DEVEI~OPER'S DEFAULT. In the event of default by the Developer as to any ofthe work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse
the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the
City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the
land. When the City does any such work, the City may, in addition to its other remedies, asseSS the cost in whole or in
part.
18. MISCELLANEOUS.
123767
6
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A. The Developer represents to the City that the plat complies with all city, county,
1etropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning
rdinances, and environmental regulations. If the plat ceases to comply with county, metropolitan, state, and federal
1WS and regulations, the City may, at its option, refuse to allow construction or development work in the plat until the
Jeveloper does comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
Jermits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is
'or any reason held invalid, such decision shall not affect the validity ofthe remaining portion of this Contract.
E. If building permits are issued prior to the acceptance of public improvements, the Developer
1ssumes all liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or
third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a
building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved
with a bituminous surface and the utilities are accepted by the City Engineer.
F. The action or inaction of the City shall not constitute a Waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this
Contract shall not be a waiver or release.
G. This Contract shall run with the land and may be recorded against the title to the property.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties
who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants.
123767
7
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H. Developer<shall. take out and maintain or. cause to be taken out and maintained. until six (6)
10nthsafterthe<City has accepted thepublicimprovements,pllblic liability and property damage insUrance covering
ersonal injury, including death, and claims forptopertydamage which may arise out of Developer's work or the work
f its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall
e not less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits forpropertydatnageshall
e not less than $200,000.00 for each occurrence; ora combination single limit policy of$l,OOO,OOO.OOormore.The
:ity shall be named as an additional insured on the policy, and the < Developer shall file with the City a certificate
videncing coverage prior to the Citysigning the plat. The certificate shallpr(}vide thattheCitymust be given ten
10) days advance written notice of the cancellation of the insurance.
I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
very other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity,
r under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing
lay be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not
.e a waiver of the right to exercise at any time thereafter any other right, power or remedy.
J. The Developer may not assign this Contract without the written permission of the City. The
)eveloper's obligation hereunder shall continue in full force and effect even if the Developer sells a part or parts of the
,latted land.
19. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered
o the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
. Notices to the City shall be in
vriting and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of
he City Administrator at the following address: Monticello City Hall, 505 Walnut Street, Monticello, Minnesota
,5362.
CITY OF MONTICELLO
BY:
Clint Herbst, Mayor
23767
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(SEAL)
AND
Rick W olfsteller, City Administrator
T ATE OF MINNESOTA)
( ss.
:OUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of , 2006, by
: lint Herbst and by Rick Wolfsteller, the Mayor and City Administrator of the City of Monticello, a Minnesota
1Unicipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
DEVELOPER:
BY:
Its:
123767
9
\0\
lATE OF MINNESOTA )
( ss.
OUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
the
, a Minnesota
day of
of
, on its behalf.
, 2006, by
NOTARY PUBLIC
JRAFTED BY:
:AMPBELL, KNUTSON
Jrofessional Association
17 Eagandale Office Center
380 Corporate Center Curve
<:agan, MN 55121
'e1ephone: 651-452~5000
MS
123767
10
lod
EXHIBIT A
TO
DEVELOPMENT CONTRACT
'<JSERT LEGAL]
3767
11
lo3
IRREVOCABLE LETTER OF CREDIT
No.
Date:
:::>: City of Monticello
505 Walnut Street
Monticello, Minnesota 55362
ear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter
f Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
f
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
, dated
,2_,
b) Be signed by the Mayor or City Administrator of the City of Monticello.
c)
Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30,
007.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
lays prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
lotice to the Monticello City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit.
Nritten notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five
45) days prior to the next annual renewal date addressed as follows: Monticello City Administrator, Monticello City
Iall, 505 Walnut Street, Monticello, MN 55362, and is actually received by the City Administrator at least thirty (30)
lays prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
lmplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, lnternational Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
123767
12
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CERTIFICATE OF INSURANCE
{OJECT:
KRTIFICATE HOLDER: City of Monticello
505 Walnut Street
Monticello, Minnesota 55362
~"SURED:
DDITIONAL INSURED:
City of Monticello
GENT:
/ORKERS' COMPENSATION:
olicy No.
:ffective Date:
Expiration Date:
lsurance Company:
;OVERAGE - Workers' Compensation, Statutory.
:ENERAL LIABILITY:
.olicy No.
:ffective Date:
Expiration Date:
nsurance Company:
) Claims Made
( ) Occurrence
.IMITS: [Minimuml
lodily Injury and Death:
$500,000 for one person
$1,000,000 for each occurrence
'roperty Damage:
$200,000 for each occurrence
OR-
:::ombination Single Limit Policy$1 ,000,000 or more
i23767
13
\oS
OVERAGE PROVIDED:
perations of Contractor: YES
perations of Sub-Contractor (Contingent): YES
oes Personal Injury Include Claims Related to Employment? YES
Jmpleted Operations/Products: YES
Jntractual Liability (Broad Form): YES
::lVernmental Immunity is Waived: YES
-operty Damage Liability Includes:
Oamage Due to Blasting YES
Damage Due to Collapse YES
Oamage Due to Underground Facilities YES
Kroad Form Property Damage YES
UTOMOBILE LIABILITY:
llicy No.
Tective Date:
Expiration Date:
surance Company:
') Any Auto
MITS: [Minimum]
ldily Injury:
$500,000 each person
$1,000,000 each occurrence
operty Damage:
$500,000 each occurrence
IR~
1mbined Single Limit Policy: $1,000,000 each occurrence
{E ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF
IE ABOVE COVERAGES:
so, list:
Amount: $
[Not to exceed $1,000,00]
>767
14
l,(o
:HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
lATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE
ARTIES TO WHOM TillS CERTIFICATE IS ISSUED.
ated at
On
BY;
Authorized Insurance Representative
15
(o-{
City Council Agenda - 04/24/06
5K. Consideration to adopt a resolution approvin2 a Business Subsidy A2reement between
the Housin~ and Redevelopment Authority in and for the City of Monticello and SL
Real Estate Holdin~s. LLC (O.K.)
A. Reference and back2round:
Per the Minnesota Statutes Sections 116J.993 to 116J.994, prior to granting a business
subsidy that exceeds $100,000 for a local government grantor, the grantor must provide public
notice and hold a hearing on the subsidy. The law outlines eight elements that must be included
in the business subsidy agreement plus job and wage level goals. The HRA public hearing
notice appeared in the Monticello Times on March 30, 2006. The HRA held the public
hearing on April 12, 2006, with no comments or questions from the public.
Additionally, the city government must approve the Business Subsidy Agreement, therefore, this
item appears on the agenda. The Business Subsidy Agreement, a section of the Purchase and
Redevelopment Contract, was prepared by HRA Attorney Steve Bubul is attached for your
reVIew.
The HRA approved the Purchase and Redevelopment Contract including the Business Subsidy
Agreement on April 12, 2006. The redeveloper agrees to bring 16 full-time permanent jobs at
an average wage of $21.37 per hour without benefits from its existing facility in Dayton, MN,
and create an additional 4 full-time permanent jobs at an average wage of $18.00 per hour
without benefits within two years. The redeveloper will pay the HRA $101,433.82 for 2.124
acres ofland plus $1,635 in trunk fees at closing. An additional 1.621 acres shall be conveyed
to the redeveloper at no additional consideration, but subject to an easement in favor of the City
for drainage and utility purposes.
The HRA adopted a resolution authorizing an Interfund Loan in the amount of $142, 113 at 6%
interest rate to reimburse itself from the tax increment generated by District No. 1-37. The
reimbursement is for acquisition and public improvement costs associated with development of
the Monticello Business Center.
With the TIF assistance to exceed $100,000, the City Council is requested to approve the
Business Subsidy Agreement between the HRA and SL Real Estate Holdings LLC.
1
\at
City Council Agenda - 04/24/06
B. Alternative Action:
1. A motion to adopt a resolution approving a business subsidy agreement between the
Housing and Redevelopment Authority in and for the City of Monticello and SL Real
Estate Holdings LLC.
2. A motion to deny adoption of a resolution approving a business subsidy agreement
between the Housing and Redevelopment Authority in and for the City of Monticello
and SL Real Estate Holdings LLC.
3. A motion to table any action.
C. Recommendation:
The City Administrator and Economic Development Director recommend Alternative No. 1 for
consistency with the HRA and for compliance with the Business Subsidy Law.
D. Supportint! Data:
Resolution for adoption and Business Subsidy Agreement, a section of the Purchase and
Redevelopment Contract.
2
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CITY OF MONTICELLO
RESOLUTION NO.
RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT
BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF MONTICELLO AND SL REAL EST A TE HOLDINGS, LLC
BE IT RESOLVED By the City Council ("Council") of the City of Monticello ("City") as
follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Monticello
("Authority") currently administers Central Monticello Redevelopment Project No. 1 (the
"Project"); and the Authority and City have created Tax Increment Financing District No. 1-37 (the
"TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.001 to 469.047
and Sections 469.174 to 469.] 79.
1.02. To facilitate redevelopment of celtain property in the TIF District, the Authority
proposes to enter into a Purchase and Redevelopment Contract (the "Contract") between the
Authority and SL Real Estate Holdings LLC (the "Redeveloper"), under which anlong other things
the Authority will convey certain property described as Lot 1, Block 1, Otter Creek Crossing 2nd
Addition (the "Redevelopment Property") to Redeveloper.
1.03. The City currently owns the Redevelopment Property and has previously authorized
the conveyance of that property to the Authority in order to promote the development of the Otter
Creek Crossing industrial park.
1.04. The assistance under the Contract constitutes a "business subsidy" exceeding
$100,000 within the meaning of Minnesota Statutes, Section] 161.993 to ]] 6J.995 (the "Business
Subsidy Act").
1.05. The "business subsidy agreement" as required under the Business Subsidy Act is
included as one section of the Contract. The Authority duly noticed a public hearing regarding the
business subsidy agreement, held such a hearing on AprilS, 2006, and adopted a resolution
approving the business subsidy agreement on that date.
1.06. Under the Business Subsidy Act this Council is required to approve any business
subsidy agreement.
1.07. The Council finds that the execution of the Contract, including the business subsidy
agreement, by the Authority and perfoilllance of the Authority's obligations thereunder are in the
best interest of the City and its residents.
Section 2. City Approval; Further Proceedings.
2.01. 1be Council approves the business subsidy agreement within the Contract as
283422v\ MNI MN190-123
10
presented to the Council, subject to modifications that do not alter the substance of the transaction
and that are approved by the Mayor and City Administrator, provided that execution of the
documents by the those officials shall be conclusive evidence of their approval.
2.02. City staff and officials are authorized to take all actions necessary to assist the
Authority in perfoD11ing its obligations under the business subsidy agreement and the Contract as a
whole, including without limitation execution of any deed or other documents necessary to convey
the Redevelopment Property from the City to Authority and from Authority to Redeveloper.
Approved by the City Council of the City of Monticello this 24th day of April, 2006.
Mayor
ATTEST:
City Administrator
283422vl MNI MNI90-123
2
II
Section 3.7. Advance of Land and other Costs; Tax Increment Interfund Loan. (a) The
Authority has determined that the fair market price of the Redevelopment Property is
$245,181.82, or $2.65 per square foot. This price represents the total invested or to be invested
by the Authority or City in making the Redevelopment Property available for commercial
development, including the value of the raw land and all costs of special assessments for
infrastructure, City trunk fees (except those paid by Redeveloper under Section 3.3), general
grading, platting, administrative and holding costs. As described in Section 3.2 hereof, the
purchase price for conveyance of the Redevelopment Property represents a reduction from the
fair market price from $2.65 per square foot to $1.00 per square foot for a two-acre portion of the
Redevelopment Property. Therefore, at Closing the Authority will forgo receipt of the full
market price of the Redevelopment Property, which represents an advance of Authority funds in
the amount of $143,748.00, less the amount paid by Redeveloper for City trunk fees in the
amount of$1,635.00, for a net advance of$142,113.00.
(b) The Authority will treat the advance described in paragraph (a) as an interfund
loan (the "Interfund Loan") within the meaning of Section 469.178, Subdivision 7 of the TIF
Act. The total original principal amount of the Interfund Loan is $142,113. The terms of the
Interfund Loan are described in the resolution attached as Schedule C (the "Loan Resolution").
The Authority will pledge Available Tax Increment, as defined in the Loan Resolution, to
payment of the Interfund Loan. The Redeveloper has no rights or interest in any Tax Increment.
-*' Section 3.8. Business Subsidv Agreement. The provisions of this Section constitute the ,,--V
"business subsidy agreement" for the purposes of the Business Subsidy Act. --,:-
(a) General Terms. The parties agree and represent to each other as follows:
(1) The subsidy provided to the Redeveloper consists of the principal amount of the
Interfund Loan described in Section 3.7. The Interfund Loan is payable from a portion of
the Tax Increments from the TIF District, an economic development tax increment
financing district.
(2) The public purposes of the subsidy are to facilitate development of the
Authority's industrial park, increase net jobs in the City and the State, and increase the tax
base of the City and the State.
(3) The goals for the subsidy are: to secure development of the Minimum
Improvements on the Redevelopment Property; to maintain such improvements as a
distribution facility for the time period described in clause (6) below; and to create the jobs
and wage levels in accordance with Section 3.8(b) hereof.
(4) If the goals described in clause (3) are not met, the Redeveloper must make the
payments to the Authority described in Section 3.8(c).
10
\d
2814l5v2 MNI MN190-123
(5) The subsidy is needed to induce Redeveloper to locate its business at this site,
and to mitigate the cost of assessments for public infrastructure, all as determined by the
Authority upon approval of the TIF Plan.
(6) The Redeveloper must continue operation of the MinimlUll Improvements as a
"Qualified Facility" for at least five years after the Benefit Date (defined hereinafter),
subject to the continuing obligation described in Section 10.3 of this Agreement. For the
purposes of this Section, the term Qualified Facility means a distribution, warehouse or
manufacturing facility, including office space necessary for and related to those activities, all
within the meaning of Section 469.176, subd. 4c of the TIF Act. The improvements will be
a Qualified Facility as long as the Minimum Improvements are operated by Redeveloper or
a tenant for the aforementioned qualified uses. During any period when the Minimum
Improvements are vacant and not operated for the aforementioned qualified uses, the
Minimum Improvements will not constitute a Qualifi~d Facility.
(7) The Redeveloper does not have a parent corporation.
(8) The Redeveloper has not received, and does not expect to receive, financial
assistance from any other "grantor" as defined in the Business Subsidy Act, in connection
with the Development Property or the Minimum Improvements.
(b) Job and Wage Goals. The "Benefit Date" of the assistance provided in this Agreement
is the earlier of the date of issuance of completion of the Minimum Improvements or the date the
Minimum Improvements are occupied by Redeveloper or a tenant of Redeveloper. Within two
years after the Benefit Date (the "Compliance Date"), the Redeveloper shall (i) retain at least 16
full-time permanent jobs permanent to the Redevelopment Property from another location outside
the City, (ii) cause the average hourly wage of the 16 retained jobs to be at least $21.37 per hour,
exclusive of benefits; (iii) cause to be created at least four new full-time permanent jobs on the
Redevelopment Property (above and beyond the 16 retained jobs); and (iv) cause the average hourly
wage of the four new jobs to be $18.00 per hour, exclusive of benefits. Jobs created by any tenants
within the Minimum Improvements will count toward the requirements of this Section.
Notwithstanding anything to the contrary herein, if the wage and job goals described in this
paragraph are met by the Compliance Date, those goals are deemed satisfied despite the
Developer's continuing obligations under Sections 3.8(a)(6) and 3.8(d). The Authority may, after a
public hearing, extend the Compliance Date by up to one year, provided that nothing in this section
will be construed to limit the Authority's legislative discretion regarding this matter.
(c) Remedies. If the Redeveloper fails to meet the goals described in Section 3.8(a)(3), the
Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share"
of the outstanding principal amount of the Interfund Loan together with interest on that amount at
the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from
the date of substantial completion of the Minimum Improvements to the date of payment. The term
"pro rata share" means percentages calculated as follows:
(i) if the failure relates to the number of jobs, the jobs required less the jobs created,
divided by the jobs required;
281415v2 MNI MN190-123
11
,3
(ii) if the failure relates to wages, the number of jobs required less the number of
jobs that meet the required wages, divided by the number of jobs required;
(iii) if the failure relates to maintenance of the facility as a Qualified Facility in
accordance with Section 3 .8( a)( 6), 60 less the number of months of operation as a Qualified
Facility (where any month in which the Qualified Facility is in operation for at least 15 days
constitutes a month of operation), commencing on the Benefit Date and ending with the date
the Qualified Facility ceases operation as determined by the Authority Representative,
divided by 60; and
(iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable
percentages, not to exceed 100%.
Nothing in this Section shall be construed to limit the Authority's remedies under Article IX
hereof. In addition to the remedy described in this Section and any other remedy available to the
Authority for failure to meet the goals stated in Section 3.8(a)(3), the Redeveloper agrees and
lmderstands that it may not a receive a business subsidy from the Authority or any grantor (as
defined in the Business Subsidy Act) for a period of five years from the date of the failure or until
the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first.
(d) Reports. The Redeveloper must submit to the Authority a written report regarding
business subsidy goals and results by no later than February 1 of each year, commencing February
1, 2007 and continuing until the later of (i) the date the goals stated Section 3.8(a)(3) are met; (ii) 30
days after expiration of the period described in Section 3.8(a)(6); or (iii) if the goals are not met, the
date the subsidy is repaid in accordance with Section 3.8(c). The report must comply with Section
1161.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the
Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required
under this Section, the Authority will mail the Redeveloper a warning within one week after the
required filing date. If, after 14 days of the postmarked date ofthe warning, the Redeveloper fails to
provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent
day until the report is filed. The maximum aggregate penalty payable under this Section $1,000.
Section 3.9. Payment of Administrative Costs. The Authority acknowledges that upon
execution of the Preliminary Agreement, Redeveloper has deposited with the Authority $10,000.
~;ne Authority will use such deposit to pay "Administrative Costs," which term means out of pocket
costs incurred by the Authority and City together with staff costs of the Authority and City, all
attributable to or incurred in connection with the negotiation and preparation of the Preliminary
Agreement, this Agreement, the TIF Plan, and other documents and agreements in connection with
the development of the Redevelopment Property. At Redeveloper's request, but no more often
than monthly, the Authority will provide Redeveloper with a written report including invoices,
time sheets or other comparable evidence of expenditures for Administrative Costs and the
outstanding balance of funds deposited. If at any time the Authority determines that the deposit is
insufficient to pay Administrative Costs, the Redeveloper is obligated to pay such shortfall within
] 5 days after receipt of a written notice from the Authority containing evidence of the unpaid costs.
If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant
2'l1415v2 MNI MN190-123
12
"lLf
I
- --, -- - - -..... 4.JI:.t
JBUC MEE:TING
'lic hearing will be held by the City of
' April 4th, 2006 at 6 p.m., In the
-'lIowlng matter:
1 of ~Uest for ~riance from the
19 Wall and pylon slgnage and Con-
rom B-3 (Highway Business) to 8-4
'Vamert Retail plat.
;rt Retail.. Monticello
ion aVailable at Monticello City Hall.
Iders
-'Cepted on above SUbjects, and all
ICed SUbjects will be heard at this
Jmmlssion will be Subject to the
,d will be Considered on Monday,
he Monticello City Half.
t Director
~
aring will be held by the City of
14th, 2006 at 6 P.m., in the
.g matter:
, request for Conditional Use
ghborhood Business) District.
110
10nticello City Halt
~d on above SUbjects, and alt
~Ubjects will be heard at this
=slon will be Subject to the
' be considered on Monday,
Jnticello City Hal
ctor
State of Minnesota
SECRETARY OF STATE
CERTIFICATE OF ASSUMED NAME
Minnesota Statutes Chapter 333
Tho fill'g 0' an -",,,, _, _ oot -Ide . ose, With _u,""
nghto to thai """"'. Th, "'og i, ,""u",", fo, COn"""" Pmtoctlo, i, 0",,,
to OoabI, ""'""''"' to he abl, to ldeolify /he """ OW,... of. """-.
,. Stata the '"''''' ,""Umad -, u""" Wh"" /he """_ i, '" wm he
_u_ (0,," b_", nama "'" appl'calloo), OJ H"'~n 8",,",,.
2. SI", lh. add_ 0' lh, """Opa, plOCo of """,,,,. A ""'pI", __
"''''''' '" '"'" co.., and "'"' co"", box '""""" i, '""U'''''' 'he """'"
"''''0' b,. PO. Box, 7598 Co""ty Rd. 39 NE, MOOfico/to, MN S5362, .
3. U" the "ma """ ""'pI", "'''f _" of .U _on, """u'"og
""",,,, """'" the abo" -",'" Nam. "'" fh, buoi_ ~ . _
lien, "-d, /he Iog~ - "n" """ ...,".... offiCe '- of fhe
"""''''on, Atta", -on" "-('), " -'Y, o,"d J. Heskl', 7598
COUnty Rd. 39 NE, MO,,""I/o, MN 55362, ""'id J, H"~n, Je, 1975
Hansack AVe. NE, St. MiChael, MN 55362.
4, I """,, that I .", ,uth,,,,,,,,, fo .go lhl, _ """ I forth... Certl/y
th" f ""-and fhat by '.ning thi, """"le, I am aubj,,, fo 'he """"_
1I", of p"u,> ... '" - i, Mlo,,,,,,. Sf~_ """'n609,," .. If I h'd
signed this Certificate under oath: ,
Date:2/27/06
-David J. Heskin, Partner
(March 23, 30, 2006)
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NOTICE OF PUBLIC HEARING
No,,, ~ ltemby 9ivon that · 0Ub1l, h_og.." he h~d by 'he CI/y of
M""",,,b City Couoo" 00 Mo"".y, Apnl 24, 2006 at 7 p''''.. in th,
Monticello City Hall to cOnsider the following Matter:
COnsideration of adoption of an assessment roll 'on delin-
quent aCCOUnts Pursuant to Monticello Ordinance, Sections
7-2-21, 7-3-3 (C) and 7-6-9 (8), and Minnesota Statute,
Sections 429.101,443.015 and 444.075. A COpy of the
assessment roll is on file at the Monticello City Hall and
may be reviewed dUring normal bUSiness hours.
Wntfan "'" ,,~ !eatl",,,,,,, WIll he acc"Pled on lh. abo,. aub)ec" and
aD -- doslrin. to b, h_ on "_",, aubi"" w/II he h_ at 'hi,
meeting.
-Rick Wo/fstel/er; City Administrator
(March 30, April 6, 2006)
~ <u'"'nCE OF "'aUe ht'ARfNa-
MoNnCElL~fNG ANO AEDEVEloPMeNT AUllfoAITY
CITY OF MONTICELL.O
WRIGHT COUNTY
STAre OF MINNESOTA
NOnCE fS HEREBY GIVEN fhat the "- of Com",""oo,", of the
M-..o Houaiog """ R_~o""'onf Authonty (/he 'HRA'), Wrigh,
CoUnty, S"", 0/ MI"-ot., Wlllhold. Publlo _'. on """~y, April
12,2006, at 'PP""i",~.ty 6 P,,,,. .f /he Monticello CO"'munity ""'f", 505
Wal""f s,_, Monlice/lo, Mino""'la, """"'ing two ",....., *
" Bua"", 'ubaldy, Th. HRA W/II ""'''''' . pco"",," bu",,,, 'ubakty to ,
he !Panted to Karl","_ _, Inc. "" ""'led onllly (/he 'R""Plenf')
UnO" Mi'''''''1a Statuf"" S.,,,,"',, 11OJ..., fhco""" 11OJ,995, Th. Pro-
pO"'d aubaiity """"'''' tax i_f '''''0'. -Iao" fo fOCi"."
"'''fo'''"",,f by the R""plonf of on 'Pomxi_1y 20,000 "l, ft. manufac_
tun'g "fd -hou", build"g " /he 0"" C_ C_"" """""" Pari< io
/he City 01 Mon,oeJ/o. fof"""."", about the __ """_ 'ubaldy,
'oc"","g · "'nn",,> 0/ fM f_ of 'he aubaiity and . _ of thed...
bua;_ 'ubaidy ag-onf ... ''''''b/, fo, I",-"on at City H~I dUriog
regUlar bUSiness hours.
Any "'""'" WiIh ""'<fence in the City, " /he 0_ 0/ f"""", P"'Party
" the City, may ,~ · """on "''''Pleinf WIIh fh, HRA " th. HRA lalla to 'om-
ply With th, Buaio", Subaiity Act, "'" no """, ""y he "'" ag~"'f th,
HRA foe th, 'ail"", fo Oompll Unl", . """On "Unpl,,,, ~ ",""
2, land Sa~, Th. HRA W,,, "'" "'duct. public he'ring to """'''''' 'h,
-", ,~, of ",,",0 fend" th, Ott... C_ C_ "dua,,~ Pari< to
the """- -Idy R"/pi",, deacribod abo", Tho 'Ubieot Jand "
- to he pI.tted ... Lot " Block 1, Ott", "- C_ 2nd
Addition. Tho City I, '"'Poct", fo COn'"" fhe iand to th, HflA. f", """'_
""'an" to /he R""plonf '0 """'_", of th. HRA' goa. m, '" """'"
MOntioolb R...",OJ>ment Pcoiocf No, 1. A _ of .11 d<>c-.~ "'atlog
'0 fh. Pcopo- ..~ of Jand ..,,, he 00 m, and "ail"". foe """'_ at
City Han dUri"" "''''at bu"_ hou~.
All "'-led pe",,,,, may ""_ at /he h_og """ _, """..""
on /he ma""", to he "no"""" o""y '" pn", to 'he m..."" " ""ling,
ey ORDER OF THE BOARD OF COMMISSIONERS OF THE MONTI_
CELLO HOUSING ANO REDEVELOPMENT AlITHORITY, MINNESOTA
--Olive Koropchak , Executive Director
(March 30, 2006)
-ETlNG
Will be held by the City of
2006 at 6 P.m., in the
tter:
t for an interim use permit
.nt/celto
! abOVe SUbjects, and all
cts will be heard at this
will be SUbject to the
'Onsidered on Monday,
'Ita City Hall.
:G
'e held by the City of
]6 at 6 P.m., in the
-It to Conditional Use
'ment for an eXpan_
Ie SUbjects, and all
'iII be heard at this
"e subject to the
iered On Monday,
;ry Hall.
, n~
rn __
lS
Council Agenda: 4/24106
5M. Consideration of creatine separate Director of Finance position and approvine transition
ae:reement with Administrator. (RW)
A. REFERENCE AND BACKGROUND:
At a previous meeting, Council authorized the Personnel Committee members to meet with
City Administrator to discuss developing a transition plan to cover the planned future
retirement of the administrator in 2007. The focus of the plan would be to separate the finance
duties from the job description of the administrator and develop a job description for the new
positions. A job description has been prepared for this change of duties related to the Director
of Finance, which is enclosed with this agenda item. A revised job description for the City
Administrator position would be brought back to the Personnel Committee and City Council for
approval at a future date.
In order for the transition to occur prior to the administrator's actual retirement in mid-2007,
Council approval is needed authorizing the transition agreement which would take place when a
new administrator is appointed.
The transition agreement outlines the revised duties and expectations of the Director of Finance
position and lays out the terms and conditions under which the administrator would accept the
changes being proposed. The agreement identifies the revised salary schedule that would be in
effect with the transition and clarifies how various severance payments would be handled upon
termination. As you will note, the retirement of the current administrator would take place on
July 31, 2007 or earlier if agreed to by both parties.
This arrangement negotiated with the administrator will allow the City to prepare for the change
that will occur because of the retirement and allow the administrator to focus his final year on
financial matters for the City.
B. ALTERNATIVE ACTIONS:
1. Approve the transition agreement as outlined along with the job description for the
Director of Finance.
2. Do not approve the transition agreement or change in job responsibilities at this time for
the City Administrator's position.
C. STAFF RECOMMENDATION:
It is the recommendation of the Personnel Committee that the agreement be approved and that
the City begin the process for appointing a new administrator. Acknowledging that the
positions of Finance Director and City Administrator need to be separated as finding a
replacement for a combined position would be difficult, developing this transition plan early
would be in the best interest of both the City and the current administrator. A transition
agreement as presented would be an acceptable arrangement with the current administrator.
11
Council Agenda: 4/24/06
D. SUPPORTING DATA:
Transition Agreement
Proposed Job Description for New Position of Director of Finance.
I~
TRANSITION AGREEMENT
Create a job title of" Director of Finance and Administrative Services" position
(ie: responsible for all Finance Dept functions, but also
position would keep working on NSP tax issues, coalition of utilities
cities issues, cable administration issues, LMC policy committees,
negotiation ofland sales at Jefferson Commons) ( could also continue as liaison
with EDA and HRA, along with Police Commission if council desires
Position would also cover Risk Management (Insurance) issues,Budget
Preparation, Investments of city funds etco
Position reports to City Council (later change to reporting to city administrator
after title and job description is changed on retirement back to Finance
Director or equivalent position)
___ Responsible for special projects as assigned by council
___ All current benefits to remain as they are now with the salary for the position to
revert to the 2005 year end rate ($85,477)
___ Position would not expect any adjustments that that were established to the salary
schedule based on recent salary survey, except for consideration of any cost ofliving
adjustment that may be given to all employees in 2007
Less requirements to attend all council meetings and more flexibility in scheduling
use of vacation (as long as work is done)
---Transition to retirement in approximately 1 1/4 years (7-31-07 at the latest)
___ 100 hours of accumulated vacation would not be required to be paid in 2006, but
would be allowed to be used in 2007 as normal vacationo
___ Intention would be to use balance of accumulated vacation beginning January 2007
until eliminated (4 to 6 months) and return to work for a few weeks to clear up any
remaining issues before retiring, , effective 7-31-07, or other mutually agreeded upon
date.
___ Allows city to retain knowledgelhistory of individual to help in transitions
(especially important due to administrators knowledge of the cities financial history
along with administrative issues)
___ Gives Deputy Administrator opportunity to make transition into City Administrator
\q
Role over next 6 months (if that's the choice of council), or if decision is to advertise
and hire new administrator at a later date, transition would occur on the date of new
appointment
--- Allows council to focus on a positive transition plan after administrators 31 plus years
with city.
--- Financial management of the cities resources has become more important as a result of
our continued growth. This will allow administrator to focus more on financial issues on
a day to day basis and allow the finance dept. to prepare for retirement of administrator.
The new audit requirements, large amount of investments, increasing number of
hnprovement projects to monitor are requiring more and more time to manage.
--- I look at this as a win-win for both the city and current administrator with a transition
plan that prepares for the future and would put the city council in a positive light.
Approved by the City Council of Monticello this _ day of
, 2006
Clint Herbst, Mayor
Attest:
~o
City of Monticello
DIRECTOR OF FINANCE & ADMINISTRATIVE SERVICE
Effective Date: April 2006
Primary Objective of Position:
To plan, direct & coordinate all activities relating to finance, including accounting,
financial reporting and budgeting, debt management, investments and risk management.
Works closely with City council on all financial matters related to long range planning,
policy, investments, including special projects as assigned.
Supervision Received:
Works under the administrative oversite of the City Council
Supervision Exercised:
Exercises general and administrative supervison over all finance department staff,
including accounts receivable, accounts payable & utility billing functions.
Typical Duties Performed:
Prepares, presents, and administers the annual budget to the City Council; keeps the
council informed of the financial condition ofthe City; coordinates capital improvement
plans with department heads and presents to Council for approval.
Oversees and invests City funds in accordance with sound financial practices; oversees
the preparation of a variety of financial reports.
Oversees establishment of procedures and determines priorities for community
development programs including tax increment financing, revolving loan fund in
conjunction with Economic Development Director. May serve as treasurer for the EDA
and/or HRA as needed.
Oversees and manages financial and accounting matters including short and long term
financial planning, monitoring revenues and expenditures, recommending financing
alternatives; overseeing preparation of reports and working with the auditors.
Indentifies risks to the City and implements insurance programs and policies.
~\
Coordinates and monitors development of federal and/or state legislation that may relate
to financial matters concerning the City. Represents City on policy committees at state
and metro levels; may participate in lobbying efforts as needed.
Evaluates current processes and recommends changes to increase efficiency and
productivity.
Reviews, designs and implements accounting procedures to maintain compliance with
GAAP and GASB pronouncements.
Directs the investment and debt management programs to provide infrastructure
financing and liquidity for daily operations.
Participates as an active and productive member of the City's management team; works
toward attainment of the City's overall goals, objectives and mission.
Participates as the City's representative on the 10 cities regional Cable commission.
Maintains the City's fixed assets system, inventory and compliance with proper controls.
Keeps City Council, City administrator and Citizens informed on all financial matters as
needed.
Performs other duties as assigned
KNOWLEDGE, SKILLS & ABILITES
Considerable knowledge of budgeting, accounting and government financing.
Thorough ability to prepare, present and administer budgets, to invest funds and manage
finances.
Comprehensive knowledge of investment practices, and ability to apply municipal and
Minnesota statutes as they relate to municipal finance.
Thorough ability to communicate effectively and establish effective working
relationships with elected officials, staff, other public officials, and the public including
making formal presentations.
Considerable ability to supervise staff and delegate work as needed.
Considerable ability to plan and analyze City operations; develop alternatives; and
determine the costs, advantages and disadvantages of various alternatives.
Considerable ability to research and prepare accurate and thorough reports.
<6d
Considerable ability to perform mathematical calculations and to analyze data.
Considerable ability to prioritize City needs, to coordinate City departmental finance
operations and services, and to allocate resources effectively.
MINUMUM QUALIFICATION
Bachelors Degree in accounting, business administration, finance or public
administration or related field, and 5 years of public sector administrative experience,
preferable in a municipal operation.
A Masters Degree in one of the above fields may substitute for two years of the required
expenence.
<63
Council Agenda - 04/24106
5N. Consideration of approval of purchase of PermitW orks buildine: permit and
inspection software. (C.S., lO.)
A. REFERENCE AND BACKGROUND:
The City of Monticello has computerized operations in many of its departments and
now wishes to bring electronic processing to the building department. It is our goal to
have a computerized system operational in six months with Council authorization. We
were looking for a system that would be based on parcel data so that it could be cross-
checked against the property ill numbers assigned by the county. We wanted a system
that would integrate with current and future city software and that could be utilized with
building inspections as well as planning and other permitting functions. We also
wanted to produce the necessary building reports required by the state. The system
selected by many Minnesota cities that provides this functionality is PermitWorks. This
system was developed in the early 1990's by Tautges-Redpath accounting firm. It is
easy to install and use, provides security and integrity, allows the city to process
standard building permits more efficiently, streamlines the inspection process, and
produces reports quickly.
Some other advantages of the building permits and inspection module are a common
parcel database which can be shared among all users in the city including public works
and the ability to process other parcel-based permits (ex. excavation permits).
PermitW orks can also offer future links with other departments through a financial
interface, a geobase and planning module to integrate with Planning and Zoning, and a
business license module for administrative permits and licenses.
Staff conducted an online survey, which reached over 100 Minnesota cities, and
PermitW orks received glowing recommendations from many communities currently
using the system. Based on those recommendations, staff did an onsite visit at Otsego
and met with Sharon Taylor from PermitW orks. Although limited research was done on
other systems, the PermitWorks system fits our needs and is reasonably priced;
therefore, it is proposed that the City expedite the selection process by dealing directly
with PermitW orks.
B. ALTERNATIVE ACTIONS:
1. Approve the purchase of PermitW orks building permit and inspection software
at a cost of $1 0,000, which includes software license, annual support agreement,
and implementation costs.
2. Do not approve the purchase of building permit software or direct staff to
research other alternatives.
l5'\
Council Agenda - 04/24/06
C. RECOMMENDATION:
It is the recommendation of Deputy City Administrator, Chief Building Official and
Cathy Shuman (MIS Coordinator) that we purchase PermitWorks building permit and
inspection software. With a slight slow-down in building permit activity, this is an
opportune time to move to electronic processing of building permits and inspections.
We hope to enter Building Permit data going back to January 2006. The sooner we get
the system up and running, the less we will have to duplicate recording of building
permit data.
There are sufficient building permit funds available for this purchase. Staff is excited to
get going. Although preparation and processing of permits will still require staff time
and attention, data retrieval and report development will be enhanced greatly.
D. SUPPORTING DATA:
. Proposal from PermitWorks.
1;[~
April 10,2006
Deb Ward
City of Monticello
505 Walnut Street
Monticello, MN 55362
Dear Deb:
Following is a proposal for the implementation of PermitWorks™ Permits & Inspections.
application at the City of Monticello. The proposal describes the application, outlines the
implementation process, documents the tasks involved, and provides our estimated fees.
AboutPermu1Vorks™
PermitWorks™ is an integrated portfolio of specialized software applications designed to
simplify and manage the processes within building, community development and other municipal
departments. Its modular nature allows each application to function completely on its own
allowing the City to implement PermitWorks™ according to its objectives and budget. However,
implementing the modules simultaneously (or over time) produces an integrated system that
allows for the sharing of data and functionality without unnecessary duplication.
· Permits & Inspections. Permits & Inspections automates the pennitting and inspection processes.
It stores permit records, calculates fees, and generates standard reports, including the MN State
Surcharge Report. It provides a method for managing inspections by allowing inspectors the
ability to schedule inspections and record results. It produces numerous inspection status reports
as well as inspection tickets and Certificate of Occupancies.
· Property Database. PermitWorksTM is a parcel-based system. Property information is stored in a
central database for all other modules to access. Records are linked to the property identification
number allowing a user to view all permits that exists on a given property.
TRCS, LLC introduced its PermitWorks™ suite of applications in 1994. The software products
were designed by combining the in-depth knowledge of numerous public sector professionals and
governmental auditors with the technical skill of in-house programmers. Today, PermitWorks™
continues to be a customer~driven application.
t\o
SCOPE OF SERVICES
Data Conversion
Before PermitWorks™ can be rendered operational, the parcel database must be populated with
client property information. Typically, converting an existing database is the most effective
method to achieve this task. The data source must include PIN, short legal description (Le. plat
name, block and lot), the property address number and street name and owner last name (or
company name). Optional fields include long legal description, zoning district and owner mailing
address. The County is a common source for property data.
Data conversion takes place prior to the installation of the software. The time required for data
conversion greatly depends on the format and quality of the data source. Ideally, the data should
be submitted in an MS Access or .db! file format with the required data stored in separate fields.
ASCII (either comma delimited or fixed field length) file format is also acceptable.
There are two steps in the data conversion process. The first step is the initial data import.
Queries are created to convert data from the third-party database structure to the PermitWorks™
database structure. After the queries have been created and tested, the data is imported into
PermitWorks™.
The second step is standardization of the imported data. Following the initial conversion, the
PermitWorks™ property table is populated with unmodified data. Standardization involves
running queries against street and subdivision data to clean up inconsistent records.
Standardization reduces the possibility of lengthy, unsuccessful searches which often result in the
entry of duplicate records.
Installation
TRCS installs the PermitWorks™ MSDE database and server application software on the
network server, installs the client software on the workstations, and verifies user access to the
application. Application forms are configured with default application settings. Data files are be
empty and ready for population. The number of workstations requiring access to the software and
any unforeseen hardware incompatibilities can directly effect the amount of time required to
install the program. If your network administrator is not present at the time of installation, TRCS
personnel will need administrator-level access to the network in order to create the required
directories. Installation ofthe software requires powering down the server. TRCS will work with
you to schedule a time that is most convenient for staff.
Implementation & Configuration
The implementation of PermitWorks™ takes a coordinated effort from TRCS and City staffs.
TRCS uses a dedicated and experienced staff to manage a system implementation. Our staff
works closely with you through all phases of implementation, from planning, to post-installation
support, so that you can achieve a greater level of productivity quickly and efficiently. The City's
level of participation during the configuration process and the amount of time the City dedicates
to training has a direct impact on the total cost and success of implementation. The City chooses
how much they want to invest in internal resources (City staff) and outside resources (TRCS).
Utilizing TRCS implementation services significantly shortens the implementation cycle resulting
in an operational system more quickly.
TRCS, LLC - 4/10106
Page 2 of5
<31
Training
Any type of change impacts the current level of productivity. A new system can only enhance
productivity beyond its current status if a user knows how to use it. Therefore, training is an
essential component of the successful implementation of a new system. With proper training,
staff can quickly benefit from the new tools and realize an efficiency gain sooner.
Application training is tailored to the needs and objectives of the City. TRCS works with the City
to establish a training schedule that is conducive with its workload and staffing requirements.
Our goal is to ease the transition to the new system by educating and providing staff with the
necessary skills to give them more confidence in our application as well as in their performance
abilities. At the conclusion of training, the user will be capable of using PennitWorks™ in an
efficient manner to accomplish the various activities within the system.
End~user training focuses on the features and functions of the application used to perform routine
transactions and activities such as issuing permits, recording inspections, creating cases and
generating reports.
ON-SITE TRAINING. End~user training is available on-site at our standard rate of$100 per hour or
portion thereof In addition, one-way travel time will be billed for any on.site visits.
ON~GOING TRAINING. As the functionality of PermitWorks™ continues to grow and expand in
response to feedback from the user base, on-going training may be beneficial. It is important that
the users learn the new techniques and features that are incorporated into PermitWorks™ through
routine updates so that the users are able to maintain their level of proficiency in the operation of
the system. Update training is available from TRCS on an "as need" basis at the standard hourly
rate of $1 00 (plus one-way travel for anyon-site training).
TRCS, LLC - 4/1 0106
Page30fS
1)'6
PermitW orks™ Pricing Information
- ~~-~-_._-- ~ _ __I.M~1. 1111 -,,*IIl'iI<W'-~._
PermitWorks Software Modules
Permits & Inspections
Software Total
Annual
Software
License Support
Fee Program
$ 4,995 $ 995
$ 4,995 $ 995
Quoted software prices are guaranteed for 120 days. Applicable sales tax appears in the Cost
Summary on page 5 of this proposal. License fees are based on a server license fonnat.
Purchasing PermitWorks™ software requires compliance with the Software License Agreement.
A copy of the license agreement is enclosed for your review. (Please see Attachment B.)
Upon installation of PermitWorks™, TRCS will issue invoices for the Software License and the
annual Software Support Program (SSP) fees. Software License and SSP invoices are payable
within 30 days of invoice date. SSP fees are pro-rated to year-end. Annual SSP fees for
subsequent years are automatically invoiced in December of each calendar year and are payable
within 30 days. A copy ofthe SSP is included for your review. (Please see Attachment C.)
Implementation Services Est Hours Rate Fee
Installation of applications and client software $ 4.00 100 $ 400
Permitsllnspections Implementation & Training 32.00 100 3,200
Parcel Data Conversion'" '" 100 '"
Implementation Services Estimate $ 36.00 $ 100 $ 3,600
"To be determined. Typically between $500 - $1,500
TRCS estimates the time involved in implementation and training based on its experience with
previous PermitWorks™ installations. These estimates are subject to modification as the City
determines the amount of time and resources available to complete the project. (Please see
Attachment A for a detailed description of the proposed implementation costs.)
TRCS services are billed at an hourly rate of $100 in minimum increments of 15 minutes.
Service fees are are payable within 30 days of the date of invoice. TRCS bills for all one-way
travel.
TRCS, LLC - 4/10/06
Page 4 of 5
~q
Below is a summary of the proposed products and services:
Implementation & Training Cost Summary
Software License Fees
2006 Software Support Fees
Minnesota State Sales Tax (6.5%)
Implementation Estimate
Data Conversion
One-Way Travel
Total Estimated Project Costs
"to be determined
Annual Recurring Costs
Software Support Program (SSP)
Permits & Inspections
Total Annual Recurring Costs
Total
$ 4.995.00
995.00
337.61
3.600.00
"
*
9,927.61
Annual Cost
$ 995.00
$ 995.00
Thank you for the opportunity to provide this proposal for PermitWorksTM. If you should have
any questions regarding it, please call me at 651-329-6406. We look forward to the possibility of
working with you and the staff at the City of Monticello in the near future.
Sincerely,
TRCS, LLC
Sharon Taylor
TR Computer Sales, LLC
651-407~5888
TRCS, LLC - 4/10/06
Page 5 of5
90
THERE IS NO PAGE #91 OR #92, I MISCOUNTED.
Council Agenda: 4/24/06
50. Consideration of appointments to the Desien Advisory Team. (OK)
A. REFERENCE AND BACKGROUND:
Because of vacancies on the Design Advisory Team, this board has been operating with less
than the full contingent of members allowed by the by~laws. Recently the Design Advisory
Team made a concerted effort to recruit new members and have selected the following
candidates to serve on the Design Advisory Team for staggered two year term
Charlotte Gabler
Patty Pratt
Carey Tidblom
Carey Tidblom and Charlotte Gabler were applicants for the vacancy on the Planning
Commission. The provisions of the by-laws require that the Council approve the appointment
of members to the Design Advisory Team.
B. ALTERNATIVE ACTIONS:
1. Appoint Charlotte Gabler, Patty Pratt and Carey Tidblom to the Design Advisory
Team.
2. Do not approve the appointments to the Design Advisory Team.
C. STAFF RECOMMENDATION:
City staff feels it is important to have full membership on the commissions and boards set up
by the city and recommends the appointment of these individuals to serve on the Design
Advisory Team.
93
SQ. Consideration of a request for rezonine from B-3 (Hiehwav Business) to B-4 (Reeional
Business). Applicant: Miller Architects & Builders. (NAC)
A. REFERENCE AND BACKGROUND
Miller Architects & Builders has applied for rezoning from B-3, Highway Business, to B-4,
Regional Business for the proposed Wamert Retail plat. The subject site is a commercial PUD,
located at 728 8th Ave. S. and is a commercial development with potential for a variety of retail
uses. The north portion ofthe site is proposed to contain a retail pharmacy, while the south
portion of the site has potential for 6 retail businesses.
The applicant has already received a conditional use permit, so further review of site plan is not
requested or necessary at this time. The proposed uses approved via CUP are allowable in both
the B-3 and B-4 districts.
Rezoning. The applicant is requesting rezoning of the subject site from B-3 to B-4. The B-3,
Highway Business and B-4, Regional Business, both offer a mix of retail and services as
permitted uses. The purpose of the B-4 regional business district is to provide for the
establishment of commercial and service activities which draw from and serve customers from
the entire community or region. Rezoning the property to B-4 would ensure greater compliance
for assorted retail uses in Building B. The proposed rezoning is consistent with the goals and
objectives set forth in the Monticello Comprehensive Plan.
A companion sign variance request was withdrawn prior to the Planning Commission meeting.
The variance request or a modification of it may be submitted in the future.
B. ALTERNATIVE ACTIONS
Decision 1: Rezoning of the property from B-3 to B-4
1. Motion to approve the rezoning for the proposed plat of Wamert Retail, based on a
finding that the B-4 district best reflects the long term land use for this property and is
most consistent with the comprehensive plan.
2. Motion to deny the rezoning for the proposed plat ofWamert Retail, based on a finding
that the B-3 district best reflects the long term land use for this property.
C. STAFF RECOMMENDATION
Staffrecommends approval of the rezoning. The B-4 district serves as the City's
primary retailing zoning district and fits this site, consistent with the uses along the Highway 25
corridor. The rezoning is consistent with the City's long range land use plan.
D. SUPPORTING DATA
A. Zoning Image
B. Application Request
1
C'tL\
C. B-3 Zoning District Regulations
D. B-4 Zoning District Regulations
2
'-\5
WARNERT RETAIL ZONING ILLUSTRATION
'."
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"~"'- "",,. __I ,/
q~
9B
o
,HNG: (CHECK APPROPRIATE BOX & CIRCLE APPROPRIATE DISTRICT)
,cultural/Open Space AO
didential RI RIA R2 R2A R3 R4 R-PUD PZR
Business PZM 81 B2 C!!!) B4 CCD
Industrial 1-1 I-IA 1-2
R ZONING MAP AMEN DMENT Proposed Zoning: ~\4"} ~ -e...a...A ~'i.
-..-. .-.
R SIMPLE SUBDIVISION Size of Parcel to Be Divided:
_.__n....._ .--- ..- -.
SUBDIVISION PLAT ONLY Proposed Name of Plat: LVO'l'I\&o....+. ~.J...... \
___mo...._ n_"...
al Acres in Parcel to be Platted:
e of Firm Prep aring Subd ivision Plat:
.-- .-.
ress:
... ____.n ..-.- ..... ---.--.- -.-----...-----.-..
: State: Zip Code:
---".... n ___.. n__ --.-..- ...-......
ary Contact Name: E-Mail Address:
--..--.... . -.---.. ---. ...- u__..____....'._.__n___ --...-
Phone No.: FAX No.:
.._.____n_.______
CRIBE REQUEST:
-..-... .-
~ ~o.".,e.~~_...JN~--~~~~--t_--4--~.Jb~!!1.~~.t:I&--.L.~~...~-/~--~--~---~--i3:.'2'::'--~~'=--~'"_1-
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--------~~~----------------------------------~~,.~-"'~._'._-----------~~-_._--~-~~,~'~"'~,_..~.~-------_..~--_._--------~~~~~~~--
_____________________'~,,,.~.~_.,~,.'.~''',_,~,,,.~,~'~,~.~'.'"',.,.~,__,.~""~.,~____________~~_.""__~_"_________..~_.~""._.~_________~,.,~.~~__________~~_._v_~______
--------------_.__._.~~.~."~~-,-,-_.~~----------------------~
VARIANCE ONLY; Please identify the unique property conditions or hardships that justify granting of a variance.
- . . . . -...~--_."J_4-- ~~-L C . 1 _ =~~~~:=;r-;Il'7. A~,~_~!~-"L_ t L~!1!.1~~__
--.-.---
. ~Cl...l"~_""~ --. '-:I'~-';;.~,:;;:;; =,"-"1~ ".. ~ J L ~- -JA I ......111 ~ j "..
... .r,l.~. _. . - ..
r" . ,~. - ~r1 \a...a r:~ S?~. -~,.,~,~.,~~~---------~.~~,_.~~-------~~~'-,.~,..=.,~~---------;-~~-_.~-~----~~~----"
______________~_..~~.~.___._~~______________________~~...m~___~______~~__,__._~_______~~_~~~____~~~_u_~~~~__-~~
_____________________~~~_~,~~_._~,_M~_~_~~~_.~~~~__________~~___~_____~_~__,_~_______~~~_~_____~~~~~___~~~
-----~~---~-~~-~-- ---------------~~~ - --------
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City
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APPLICATIONS WILL ONLY BE ACCEPTED WITH ALL REQUIRED SUPPORTING DOCUMENTS
:l'lt.'] ~ ~ l. .11..' .']~I"-
DEADLINE FOR AGENCY ACTION
--I MAR - 6 2006
DATE APPLICATION RECEIVED:
i {-,j I (' ! ~. !:, :"'''",,.,'~~~,...i ~
~.~.__.::.:...:";.;-- ...,.......-.-,
60 Days:
.J
FEE RECEIPT NUM BER:
120 Days:
APPLICATION DEEMED COMPLETE
Waiver Received:
BY:
DATE:
NOTICE SENT:
CASE ASSIGNMENT:
C\l
CHAPTER 13
9'ft
"B-3" 1-IlGHW ^ Y BUSINESS DISTRICT
SECTION:
13-1: Purpose
13-2: Permitted Uses
13-3: Permitted Accessory lJses
13-4: Conditional Uses
13-5: Interim Uses
13-1: PURPOSE: The purpose of the "B-3." highway business, district is to provide for and limit
the establishment of motor vehicle oriented or dependent commercial and service activities.
13-2: PERMITTED USES: The following are permitted uses in a "B-3" district:
[A] All permitted uses as allowed in a 8-1 and B-2 district.
[13] Auto accessory store.
fc] Commercial recreational uses.
[01 Motels. motor motels. and hotels provided that the lot area contains not less than
five hundred (500) square leet of/ot area per unit.
IE) Restaurants. eal'cs. tea rooms. taverns. and off-sale liquor. provided that the use is
not located within ]00 n ora residential zone.
(#158.09/26/94)
[FJ Private clubs or lodges serving food and beverages with use being restricted to
members and their guests. Adequate dining room. kitchen, and bar space must be
provided according to standards imposed upon similar unrestricted customer
operations. The serving of alcoholic beverages to members and their guests shall
be allowed. providing that such service is in compliance with applicable federal.
state. and municipal regulations. Offices of such use shall be limited to no more
than twenty (20) percent of the gross tloor area of the building.
[G] Taxi terminals. stand. and oftiees.
[HJ Small printi ng or publ ishing busi ness employing six (6) or less persons.
l'vl0NTICELLO ZONING ORDINANCE
] 3/1
C\~
13~3; PERMITTED ACCESSORY USES: The following arc permitted accessory uses in a
"8-3" district:
fA] All permitted accessory uses as allowed in a "B~2." limited business. district.
fS]
Adult Use/Accessory
(#217.0]/13/92)
13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requin
a conditional use permit based upon procedures set forth in and regulated by Chapter 22
of this ordinance.)
[A] Drive~in and convenience food establishments provided that:
1. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting intluence within a
reasonable distance of lot.
2. At the boundaries of a residential district, a strip of not less than five (5)
feel shall be landscaped and screened in compliance with Chapter 3.
Section:2 ICi]. or this ordinance.
3. Each light standard island and all islands in the parking lot landscaped or
covered.
4. Parkin~ an:as shall he screencd from view 01' abutting residential districts
compliancc \vith Ch:lplcr 3. Section 2 IG]. of this ordinance.
5. Parkin~ arC:1S and drivcvvays shall be curbed with continuous curb not Ics~
than si'\ (C)) inches high above the parking lot or drive\vay grade.
6. Vehicular access points shall be limited. shall create a minimul11 of contlie
\\ith through traffic movements, shall comply with Chapter 3. Section 5. c
this lmlinallcc. and shall be subject to the approval of the City Engineer.
7. Alllightin~ sho.ll be hooded and so directed that the light source is not
\'isibk frol11 the public right-or-way or from an abutting residence and sha
b(' in cl)I11pliane(' \\'ith Chapter 3, Section 2 [1-1]. of this orJinance.
8. The entire arca Sh.lll have a drainage system \-\hich is subject to the
apprn\'al of the City' Engineer.
9. The cntire area other than that occupied by buildings or structure or
plantings shall be surfaced with a material which will control dust and
draina~e and \"hieh is subject to the approval ofth(' City Engineer.
1\iIONTICELLO ZONING ORDIN:-\NCE
13/2
Q..~
10. All signing and informational or visual communication devices shall be in
compliance with Chapter 3. Sl.:ction 9. of this ordinance.
I I. The provisions of Chapter 22 of this ordinance are considered and
satisbctorily met.
lBI CAR WASHES (DRIVE THROUGI-L MECHANICAL AND SELF~
SER VICE) PROVIDED THAT:
I. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
2. Magazining or stacking space is constructed to accommodate that number
of vehicles which can be washed during a maximum thirty (30) minute
period and shall be subject to the approval of the City Engineer.
3. At the boundaries ofa residential district. a strip of not less than five (5)
feet shall be landscaped and screened in compliance with Chapter 3.
Section 2 IG]. or this ordinance.
4. I':ach light standard island and all islands in the parking 101 landscaped or
cO\l.:red.
5. Parking or car Illagazinl.: storage space shall be screened from view of
abutting rl.:sidcntial districts in compliance with Chapter 3. Section 2 fG].
of this ordinance.
6. The entire area othlT than occupied by the buildings or plantings shall be
surlllCcd with material which \vill control dust and drainage v"hich is subject
to the approval of the City Engineer.
7. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
8. All lighting shall be hooded and so directed that the light source is not
\isibk from the public right-of-\vay or from an abutting residence and shall
be in compliance with Chapter 3. Section 2 [H]. of this ordinance.
9. Vehicular access points shall be limited. shall create a minimum of conflict
\\i th through traftic movement and shall be su bject to the approval of the
City Engineer.
10. All signing and infl1l"l1lJ.tional or visual communication devices shall be in
compliance with Chapter 3. Section 9. o{ this ordinance.
MONTICELLO ZONING ORDIN:\\lCE
13/3
\00
II. Provisions are made to control and reduce noise.
12. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C] MOTOR FUEL STATION, MOTOR FUEL STATION/CONVENIENCE
STORE, AUTO REPAIR-MINOR, AND TIRE AND BATTERY STORES
AND SERVICE PROVIDED THAT:
1. Regardless of whether the dispensing, sale, or offering for sale of motor
fuels and/or oil incidental to the conduct of the use or business, the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are, however, in
addition to other requirements which are imposed for other uses of the
property.
2. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting innuence \vithin a
reasonable distance of the lot.
3. The entire site other than that taken up by a building, structure. or plunting
shall be surfaced 'vvith a matcriul to control dust and drainage which is
subject to the approval of the City Engineer.
4. A minimum lot area oft\\"enty~t\Vo thousand live hundred (21.500) square
feet and minimum lot dimensions of one hundred tifty (150) feet by one
hundred thirty (130) feet.
5. A drainage system subject to the approval of the City Engineer shal j be
installed.
6. A curb not less than six (6) inches above grade shall separate the publ ic
sidewalk from motor vehicle service areas.
7. The lighting shall be accomplished in such a way as to haw no direct
source of light visible from adjacent land in residential use or f,'om the
public right-of-way and shall be in compliance with Chapter 3. Section
2 [H]. of this ordinance.
8. Wherever fuel pumps are to be installed. pump islands shall be installed.
9. At the boundaries of a residential district. a strip of not less than llvc (5)
feet shall be landscaped and screened in compliance with Chapter 3.
Section 7 [0]. of this ordinance.
!\IONTICELLO ZONING ORDINANCE
13/4
\ 0 \
10. Each light standard landscaped.
11. Parking or cur magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3. Section 2 [G],
or this onJiJlam:e.
] 2. Vehicular access points shall create a minimum of conflict with through
traffic movement, shall comply with Chapter 3, Section 5, of this
ordinance. and shall he suhject to the approval of the City Engineer.
13. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 3, Section 9, of this
ordinance.
14. Provisions are made to control and reduce noise.
15. No outside storage except as allowed in compliance vvith Chapter 13,
Section 4, of this ordinance.
16. Sale of products other than those specifically mentioned in Chapter] 3,
Section 4. be subject to a conditional use permit and be in compliance with
Chapter 13, Section 4 IF], of this ordinance.
17. All conditions pertaining to a speci1~c site art;" subject to change when the
Council. upon investigation in relation to a formal request. finds that the
general welf~lrc and public betterment can be served as well or better by
modifying the conditions.
18. The provisions of Chapter 22 of this ordinance are considered and
satisj-~lCtoriIy met.
[DJ New and used automobile/light truck sales and display provided that:
1. The minimum building size for any auto sales use shall comply \vith the
following standards:
Parcel Size Lot Coverage Percent* IVlinimum Building SiZc*
Up to 2 acres 5% 2.500 square feet
More than 2 acres to 4 acres 1 o (Yo 10.000 square feet
More than 4 acres 15% 40.000 square feet
*Whichever requires the larger building.
(#351, 8/14/00)
MONTICELLO ZONING ORDINANCE
13/5
, D d-
2. Outsid~ saks and display areas are fenced or screened from vic\',. of
neighboring residential uses or an abutting "R" district in compliance with
Chapter 3, Section :2 [G], of this ordinance.
3. i\lIliuhlin!! shall bl.: humId and so direclL:J lhallhe li!2.hl suurcc shall not
~ ~ ~
be visible from the public right-of-way or from neighboring residences, an.
shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance.
4. The outside sales and display area shall be hard surfaced.
5. The outside sales and display area does not utilize parking spaces which
are required for conformance with this ordinance.
6. Vehicular access points shall create a minimum of conflict with through
traffic movement shall comply with Chapter 3, Section 5, of this
ordinance. and shall be subject to the approval of the City Engineer.
7. There is a minimum lot area of twenty-two thousand five hundred (22,500
square feet and minimum lot dimensions of one hundred tifty (150) feet by
one hundred thirty (130) feet.
8. A drainage system subject to the approval of the City Engineer shall be
installed.
9. All signing shall be in compliance vvith Chapler 3. Section 9. of this
ordinance.
10. The pnnisions or Chapter 22 or this ordinance are considered and
satis t:1Ctori I: 111('1.
[EJ Open and outdoor storage as a principal or accessory use provided that:
I. The area is fenced and screened from view of neighboring residential uses
or if abutting an "R" district in compliance \vith Chapter 3. Section 2 [G].
of this ordinance.
7 SWrage is screened from view from the public right-of-way in compliance
\\ith Clwpt('r~. Section 2 [G], of this ordinance.
3. Stnragt? ar~a is grasse<.:l or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall not
b~ \isibk rrnm the right-or-way or from neighboring residences and shall
he in compliance with Chapter 3. Section 2 [H]. of this ordinance.
MONTICELLO ZONING ORDIN.-\~CE
13/6
103
5. Docs not take LIP parking span: as required for confomlity to this
ordinance.
6. The provisions of Chapter 22 of this ordinance are considered and
sali~l~lLlorily Illet.
I F] Open or outd()or service, sale, and rental as a principal or accessory use and
including sales in or from motorized vehicles, trailers, or wagons provided that:
) . Outside services, sales and equipment rental connected with the principal
uses is limited to thirty (30) percent of the gross floor area of the principal
use. This percentage may be increased as a condition of the conditional
use permit.
2. 'Outside sales areas are fenced or screened from view of neighboring
residential L1ses or abutting "R"district in compliance with Chapter 3,
Section 2 [G], of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right-of-way or from neighboring residences and
shall be in compliance with Chapter 3. Section 2 P-I], of this ordinance.
4. Sales area is grassed or surl~\(.:ed to control dust.
5. Does not take up parking space as required for conformity to this
ordinance.
6. The provisions of Chapter 22 of this ordinance are considered and
satis l~lctori I y met.
I G I Accessory. enclosed retail, rental. or service activity other than that allowed as a
permitted use or conditional use within this section provided that:
I.
Such use is allowed as ~1 permitted lIse in a "B~ 1" or "B-2" district.
/
Such use does not constitute more than thirty (30) percent of the lot area
and not more than fi tiy (50) percent of the gross tloor area of the principal
lIse.
3.
Adequate oIT-stn:et p~lrking and off-street loading in compliance ,vith the
requirements of Chapter 3. Sections 5 and 6. of this ordinance is provided.
-+.
All signing and inf(1I'mational or \'isual communication devices shall be in
compliance with Chaptl..'r 3. Section 9. of this ordinance.
MONTICELLO ZONI;\iG ORDINANCE
13/7
I () \.\
5. The provisions of Chapter 22 of this ordinance are considered and
satisf~lctori Iy met.
[H] Shopping Center.
[I] Animal Pet Clinics.
1. Annual inspection by City's health officer at owner's expense.
2. All pets must be leashed.
3. Treatment to be limited to household pets.
[J] Pet hospitals with the following condition:
I. No outside pens or kennels.
2. Annual inspection by City Health Officer at owner's expense.
3. All animals must be leashed.
4. Treatmcnt would be limited to small domesticated animals.
5.
No outside storage of carcasses.
(#364.9/10/01)
[K] Commcrcial storage contained entirely within a building.
[L] Commercial planned unit development as regulated by Chapter 20 of this
ordinance.
[MJ Consignment auction sales and/or auction sales.
I. The architectural appearance and function plan of the building and site sha
not be so dissimilar to the existing buildings or area as to cause impairmen
in property values or constitute a blighting influence \vithin a reasonable
distance of the lot.
') At the boundaries of residential districts. a strip of not less than 5 feet shal
be landscaped and screened in compliance \-vith Chapter 3. Section 2 [GJ,
of this ordinance.
3. Any light standard islands and all islands in the parking lot shall be
landscaped or coyered.
MONTICELLO ZONING ORDINANCE
13/8
)oS
4. Parking areas shall be screened from view of abutting residential districts
in compliance with Chapter 3. Section 5 [GJ, of this ordinance.
5. Parking areas and driveways shall comply with Chapter 3. Section 5 [0].
6. Vehicular access points shall be limited, shall create a minimum of conflict
through traffic movements. shall comply with Chapter 3. Section 5, of this
ordinance, and shall be subject to the approval of the City Engineer.
7. All lighting shall be hooded and so directed that the light source is not
visible from the public right-of-way or from an abutting residence and
shall be in compliance with Chapter 3, Section 2 [I-1], of this ordinance.
8. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
9. All signing and intlJrmation or visual communication devices shall be in
compliance with Chapter 3. Section 9.
10. ThL' provisions uf Chapter 22 of this ordinance are considered and
satisfactorily 11lL't.
II. All conditions pertaining to a specific site arc subject to change \vhen the
CoullciL upon investigation in relation to a formal request tinds that the
general vvelltlrt:": and public betterment can be served as well or better by
mod i fying the conditions.
12. Outside sales areas arc renced or screened from view of neighboring
residential uses or abutting residential districts in compliance with
Chapter 3. Section :2 [OJ. of this ordinance.
13. Outside sales connected \vith the principal use is limited to 30% of the
gross noor area of the principal building. This percentage may be
increased as a condition of the conditional use permit.
14. Outside sales may not take up parking space as required for conformity to
the ordinance requirement.
15. No pets or livestock may be sold at this auction sales f:'1Cility'.
16. Provisions must be made to control and reduce noise when adjacent to a
residential zoning district.
17. All outsidl..' storage shall be effectively screened from public \'ie\v in
,lccordance \\ith Chapter 3. Section 2 [0]. and limited to 10%, of the
gross nth)r area t)fthL' principal use building.
i'vIONTICELLO ZONING ORDINANCE
13/9
(OvY
[N] Outdoor go-kart tracks provided that:
1. The proposed use must meet all conditions of Chapter 3. Section 4 [A].
2. The <.:unditiollal use permit \\ill be reviem:d yearly tu detenninl.: whether
not it is compatible with neighboring properties and in conformance with
conditions of the conditional use.
3. A solid wood. six-foot high fence must be pm1 of the screening required
when the adjacent property is residential.
4. For dust and noise (70013 at residential property line) mllst be controlled
at all times to the satisfaction of the City.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[0] Day-care centers provided that:
1. No overnight racilitics arc provided for children served and that said
children arc delivered and removed daily.
2. An outdoor recreational facility shall be appropriately separated Ihm1 the
parking lot and driving areas by a wood fence not less than 4 fed in heigh
or Council approved substitute. and shall be located continuous to the
day-care bcility. and shall not be located in any yard abutting a major
thoroughl~In~. and shall not have an imperviolls surface fur more than one-
hal r or the playground area. and shall extend at least 60 feet from the wall
of the building or to an adjacent property line. whichever is less. or shall b
bound Oil not 1110re than two sides by parking and driving areas. A
minimum size or the outside recreational facility shall be 2,000 sq. fL or i
the alternative 75 sq. ft. per child at licensed capacity. whichever is the
greater figure.
3. The regulations and conditions of the Minnesota Department oflluman
Services and Department of Health, Public Welfare Manual] 1 "31-30 as
adopted, amended. and/or changed, are satisfactorily met.
4. A written indication of preliminary. pending. or final license approval fror
the regulatory agencies is supplied to the City of Monticello.
(#152.9/22/86)
[PI Auto body shop repair provided that:
1. Door opening to service area garage must not face street /J'ontage.
MONTICELLO ZONING ORDINANCE
13/10
lol
2. Vehicle storage area limited to 50% of floor space of the structure housing
the auto body shop.
3. All vehicles being serviced and all vehicle parts must be stored inside or in
vchick storagc area.
4. Vehicle storage area shall he enclosed by enclosure intended to screen the
view of vehicles in storage from the outside. Enclosure shall consist of a
six-foot high. 100% opaque fence designed to blend with the auto body
shop structure and consisting of materials treated to resist discoloration.
5. The floor of the vehicle storage area shall consist of asphalt or concrete
pavmg.
6. No work on vehicles or vehicle parts shall be conducted outside the
confines of the auto body shop.
7. The advertising \vall hlcing the puhlic right-of-way shall consist of no more
than 50% metal material.
8. The secondary or non-advertising wull facing a puhlic right-of-\vay shall
utilize a combination of colors or materials that serve to break up the
monotony of a single color flat surt~lce.
9. The development shall conform to minimum parking and landscaping
rcquin:ments of the zoning ordinance.
10. No conditional use permit shall he granted for an auto body shop \vithin
600 feet of a residential or PZM zone existing at the time the conditional
use permit is granted. (#175,4/24/89)
[Q] Restaurants, cafes. tea rooms. taverns. and off-sale liquor located within 300 ft of
a residential zone provided that:
1. Primary access must not he through residential street(s).
(#258,9/26/94)
[R] (/overIlmenlal and public utility buildings and structures necessary for the health,
safety, and general welfare of the community provided that;
I. Conformity \vith the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met.
2. Adequate screening from neighboring uses and landscaping is provided in
accordance \vith Chapter 3. Section 2, of this ordinance.
tvlONTICELLO ZONING ORDINANCE
13/11
/OY)
CHAPTER 14
"B-4" REGIONAL BUSINESS DISTRICT
SECTION:
14-1: Purpose
14-2: Permitted Uses
14-3: Permitted Accessory Uses
14-4: Conditional Uses
0~
14-1: PURPOSE: The purpose of the "8-4," regional business, district is to provide for the
establishment of commercial and service activities which draw from and serve customers
from the entire community or region.
14-2: PERMITTED USES: The following are permitted uses in a "B-4" district:
[A] All permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district.
[8] Antique or gift shop.
[C] Amusement places (such as dance halls or roller rinks).
l D J Auto accessory stores.
[EI Enclosed boat and marine sales.
I.F] Books, office supplies, or stationery stores.
I.GI Bmvling alleys.
[H) Carpet, rugs, and tile.
[I] Coin and philatelic stores.
[.I] Copy service but not including press or newspaper.
[K] Costume. clothes rental.
[L] Department and discount stores.
[M] Dry cleaning. including plant accessory thereto, pressing. and repairs.
[N] Dry goods store.
rvlONTICELLO ZONING ORDINANCE
14/1
,oq
[0 I Electrical appliance stores, including incidental repair and assembly but not
fabricating or manufacturing.
[PI Employment agencies.
[01 Finance companies.
[Rl Furniture stores.
[U J Haberdasheries and ladies ready-to-wear.
[V] Insurance sales, claims and branch offices.
[WI Jewelry stores and watch repair.
[X] Leather goods and luggage stores.
[VI Record - music shops.
IZ I Restaurants, tea rooms. cafes, taverns. and off-sales liquor stores.
[^A] Sewing machine sales and service.
[1313 J Shoe stores.
If.'.C'.1 I I I
\.. . "ai or SlOpS.
IUD] Theatres not of the outdoor drive-in type.
lEI:] Toy slores.
[FFJ Travel bureaus, transportation ticket offices.
[GGJ Varid)" stores. 5 & 10 stores. and stores of similar nature.
[IIH] Wearing apparel.
IIIJ (jovernment and public utility buildings.
[.I.1J Mortuaries
[KK] Body Piercing Establishments
ILL] Tattoo Parlors
(#286, 2/1 0/97)(#330,9/13/99)
MONTICELLO ZONING ORDINA:-JCE
14/2
II 0
] 4-3: PERMITTED ACCESSOR Y USES: The following are permitted accessory uses in a
" 8-4" district:
[A] All permitted accessory uses in a "B-3" district.
14-4: CONDITIONAL USES: The following are conditional uses in a "B-4" district: (Requires
a conditional use permit based upon procedures set forth in and regulated by Chapter 22
of this ordinance.)
[A] Open and outdoor storage as an accessory use provided that:
1. The area is fenced and screened from view of neighboring residential uses
or if abutting a residential district in compliance with Chapter 3, Section 2
[G], of this ordinance.
2. Storage is screened from vievv from the public right-of-way in compliance
with Chapter 3. Section 2 [G], of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right-of--way or from neighboring residences and
shall be in compliance \vith Chapter 3, Section 2 [H]. of this ordinance.
5. The provisions of Chapter 22 of this ordinance are considered and
satisl~lctorily met.
[B] Open or outdoor service. sale, and rental as a principal and accessory use and
including saks in or 1I'om motorized vehicles, trailers. or \vagons. provided that:
I. Outside service. sales. and equipment rental connected \\ith the principal
use is limited to thirty percent (30%) of the gross floor area of the principal
use. This percentage may be increased as a condition of the conditional
use permit.
2. Outside sales areas are fenced or screened hom view of the neighboring
residential uses or an abutting residential district in compliance with
Chapter 3, Section 2 [G], of this ordinance.
3. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right.of--way or from neighboring residences and
shall be in compliance with Chapter 3. Section 2 [H], of this ordinance.
4. Sales area is grassed or surfaced to control dust.
MONTICELLO ZONING ORDINANCE
14/3
) l ,
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[C] Custom manufacturing, restricted production and repair limited to the following:
Art, needlework, jew.:lry ti'OI11 precious metals, watches, dentures, and optical
lenses, provided that:
1. Such use is accessory as defined in Chapter 2, Section 2, of this ordinance
to the principal use of the property.
2. Does not conflict with the character of development intended for this
district.
3. The provisions of Chapter 22 of this ordinance are considered
satisfactorily met.
[0] Motor fuel station. auto repair-minor, and tire and battery stores and service,
provided that:
1. Regardless of whether the dispensing, sale. or offering fix sale of motor
fuels and/or oil is incidental to the conduct of the use or business. the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are, however. in
addition to other requirements which are imposed for other uses of the
pro pert y.
2. The arehitectural appearance and functional plan ufthe building and sik
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
3. The entire site other than that taken up by a building, structure. or planting
shall be surl~lced with a material to control dust and drainage which is
subject to the approval of the City Engineer.
4. A minimum lot area of twenty-two thousand five hundred (22.500) square
feet and minimum lot dimensions of one hundred tifty (150) feet by one
hundred thirty (130) feet.
5. A drainage systcm subject to the approval of the City Engineer shall be
installed.
6. A curh not lcss than six (6) inches above grade shalI separate the public
sidewalk li'om motor vehicle service areas.
~IONTICELLO ZONING ORDINANCE
14/4
It ~
7. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
puhlic right-of-\\ay and shall be in compliance with Chapter 3. Section.2
[H]. of this ordinance.
8. Wherever fuel pumps are to be installed. pllmp islands shalIbe installed.
9. At the boundaries of a residential district, a strip of not less than five (5)
feet shall he landscaped and screened in compliance \vith Chapter 3.
Section 2 [G], of this ordinance.
10. Each light standard landscaped.
1 I. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3. Section 2 [G], of
this ordinance.
J.2. Vehicular access points shall create a minimum of contlict with through
traffic movement. shall comply with Chapter 3. Section 5. of this ordinance.
and shall he subject to the approval of the City Engineer.
J 3. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 3. Section 9. of this
ordinance.
I-I-. Pro\'isions are mack to control and reduce noise.
15. No outside storage except as alloweel in compliance with Chapter 13.
Section 4. of this ordinance.
J 6. Sale of products other than those specifically mentioned in Chapter] 3,
Section 4. be subject to a conditional use permit and be in compliance with
Chapter 13. Section 4 [F], of this ordinance.
17. All conditions pertaining to a specific site are subject to change when the
Counci I. upon investigation in relation to a formal requt:st. tinds that the
general \VeILIn.? and public betterment cun be served as \yell or better by
modi t)ing thl.? I.?onditions.
18. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
[E] Machinerv saks.
iF] COlllmercial plannL'd unit development as regulated by Chapter ~O ol"this
ordinancL' .
MONT/CELLO ZONING ORDIN.--\NCE
14/5
1 ( 3
I G] Boarding House. provided that:
I. The building/structure is Cnund to be substandard and/or blighted or
contributing to blight and in need of substantial rehabilitation.
a. The applicant must provide an overall development concept plan.
b. The applicant must demonstrate that said rehabilitation is the most
feasible use alternative and that said rehabilitation is not remodelint
or simple structural alterations to accommodate a change in use.
2. There shall be no less than ten ( I 0) units nor more than 18 units, and each
unit shall be of a design considered to be an efficiency apartment.
3. At least one unit shall be on the ground tloor fullyaccessib\e to handicapp(
persons.
4. At least 50(10 of the !loor area on the ground floor shall be developed as
complete restaurant facilities \vith a minimum seating capacity of two seat
per dwelling unit but in no case less than 25 scats.
a. Restaurant shall not be eligible for licenses regulating the sale of
intoxicating liquors. non-intoxicating malt liquors. wine. or the
display and consumption of liquors.
b. The restaurant shall be so equipped to provide food service to the
dwelling units ifrequin:d.
5. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting in1luence w-ithin a
reasonable distance of the lot.
6. All conditions pertaining w a specific site are subject to change \vhen the
Council. upon investigation in relation to a formal request. finds that the
general well~lrc and public betterment can be served as well or better by
modit~'ing the conditions.
(# 138. 7/23/8'+)
t\IONl'ICELLO ZONING ORDINANCE
1-1-/6
ll'-l
City Council Agenda - 04/24/06
7. Public "earine: - Consideration to approve a resolution adoptin~ a modification to the
Redevelopment Plan for Central Monticello Redevelooment Project No.1 and
establishine TIF District No. 1-37 therein and the adoptine a TIF Plan therefor.
Applicant: Karlsbure:er Foods. Inc. (O.K.)
A. Reference and Backeround:
OPEN PUBLIC HEARING
Mike Maher, President and CEO, and Paul Cserpes, Director and Operations, of Karlsburger
Foods, Inc. plan to attend the Council meeting.
The public hearing should be opened for public comment or questions relative to the proposed
modification to the Redevelopment Plan and proposed establishment ofTIF District No. 1-37.
The public hearing noticed appeared in the local newspaper on April 13, 2006, satisfying the
requirements ofthe Minnesota Statutes.
TIF District No. 1-37, an Economic District, is being created to assist with land and public
improvement costs associated with development and purchase of the Monticello Business
Center. SL Real Estate Holding's LLC, dba Karlsburger Foods, Inc., plans to construct a
20,000 sq ft office/production/warehouse facility in the city-owned industrial park. The
proposed project will bring 16 full-time permanent jobs at an average total wage-level of
$21.37 per hour without benefits and create an additional four full-time permanent jobs at an
average total wage-level of $18.00 per hour without benefits. The company manufactures food
bases, sauces, and seasonings. According to John Simola, Public Works Director, the
production process places no adverse or very little effect on the waste water treatment plant.
On March 13,2006, the City Council called for a public hearing date of April 24, 2006, and
on March 27,2006, the City Council approved the final plat for Lot 1, Block 1, Otter Creek
Crossing 2nd Addition. On April 4, the Planning Commission approved a resolution finding the
proposed TIP District project conformed with the redevelopment and development goals for
the city of Monticello.
The proposed TIF Plan was distributed to the County and School District on March 24, 2006,
in order to meet the 30-day notice for comment prior to the public hearing of the Council on
April 24, 2006. It is anticipated the land closing will take place no later than May 31, 2006.
The attached resolution for approval states the findings and public purpose for establishment of
TIF District No. 1-37.
I
1\5
City Council Agenda - 04/24/06
TIF District 1-37, an Economic District, has a life duration of 11 years and collects tax
increment over 9 years. An Economic District must create new jobs and can be used to assist
manufacturing, warehousing, and distribution centers.
The attached maps show the boundaries of the Redevelopment Project No.1 and proposed
TIF District 1-37. Based on the TIP Cashflow ran by Ehlers & Associates using a market
value of$50 per square foot and a 6.5% interest rate, the project is estimated to generate
approximately $173,400 oftax increment over the life ofthe district.
CLOSE PUBLIC HEARING
Please close the public hearing and then consider adoption of the resolution.
B. Alternative Action:
1. A motion to approve a resolution adopting the modification to the Redevelopment Plan
for Central Monticello Redevelopment Project No.1 and establishing TIF District No.
1-37 therein and the adoption of the TIF Plan therefor.
2. A motion to deny approval of the resolution adopting the modification.......................
3. A motion to table any action.
C. Recommendation:
The City Administrator and HRA Executive Director recommend alternative no. 1. The
proposed new wage-levels and building size meet the criteria and the project has no adverse
effect of the treatment plant.
D. SUDDortin~ Data:
Resolution for adoption, maps and TIF Plan.
2
\ \ ~
" are nereby notified to appear
such assessment corrected.
:sessed too low will be acted
agent, shall have been notified
:bruary, 2006.
.1onticello
;105
,e 2006 Monticello Schools
1 by the Independent School
m. on Tuesday, May 2, 2006 at
In Monticello, Minn., in accor-
-.repared by Architects Rego-
3t. Louis Park, Minn. 55416.
ud at the above time and place.
nopened.
-,wing divisions of the Contract:
, Monticello Middle School and
::;hool Bus Loop Pavement
chool East Parking Lot Remove
led, marked on the lower left-
o name and address of the bid-
,d addressed to:
sal with a Cashier's Check, Bid
,mount of the Proposal payable
-outlon of the Contract in accor-
'ments, and that he will furnish
iorrnance of the Contract.
'1nd other Contract Documents
o following offices:
Paul Builders Exchange
Farmington Street
Paul, Minn. 55103
~-Minnesota Builders Exchange
'4 East Highway 12
mar, Minn. 56201
,erlntendent of Schools
::pendent School District 882
Washington Street
"ticello, Minn. 55362
gct documents upon deposit of
o all bidders upon return of the
'S after receipt of bids.
II receive refund of one half of
'It are returned within ten days
'ise the entire set of plans and
the contract, for a non-refund-
ling.
individual plan sheets or speci-
efundable cost of reproduction
'lS and Specification Deposit of
'0.00
days after the scheduled clos-
School District 882, Monticello,
,Ids and to waive any irregulari-
_'ntlcello, Minn.
APPOINTMENT OF PERSONAL
REPRESENTATIVE IN
UNSUPERVISED
ADMINISTRATION
. AND NOTICE TO CREDITORS
TO ALL INTERESTED PERSONS AND CREDITORS:
It is Ordered and Notice is hereby given that on the 5th day of May, 2006,
at 9 a.m., a hearing will be held in the above-named Court at the Wright
County Courthouse, 10 NW 2nd Street, Buffalo, Minnesota, for the formal
probate of an instrument purporting to be the Will of the above-named
decedent, dated September 8, 1992, and for the appointment of DEBRA A
RATHBONE, whose address is 8479 Oak Lane, Becker, MN 55308, a per-
sonal representative of the estate of the above-named decedent in unsu-
pervised administration, and that any objections thereto must be flied with
the Court. That, if proper and no objections are filed, said personal repre-
sentative will be appointed to administer the estate, to collect all assets,
pay all legal debts, claims, taxes and expenses, and sell real and personal
property, and do all necessary acts for th estate. Upon completion of the
administration, the representative shall file a final account for the allowance
and shall distribute the estate to the persons thereunto entitled as ordered
by the Court and close the estate.
Notice is further given that ALL CREDITORS having claims against said
estate are required to present the same to said personal representative or
to the Court Administration within four (4) months after the date of this
notice or said claims will be barred.
DATED: 3/28/06
-Farah R. Locke, Deputy Court Administrator
GREGORY V. SMITH, #102453, Smith, Paulson, O'Donnell & Associates,
PLC, 207 South Walnut Street, P.O. Box 668, Monticello, Minnesota 55362.
763-295-2107
(April 6, 13, 2006)
Ol./"\I'III",MI:: H. (.;AKLt>UN,
Deceased
NOTICE OF PUBLIC HEARING
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of
Monticello, Wright County, State of Minnesota, will hold a public hearing on
April 24, 2006, at approximately 7 p.m. at the City Council Chambers in City
Hall, 505 Walnut Street, Monticello, Minnesota, relating to the proposed
adoption of a Modification to the Redevelopment Plan for Central
Monticello Redevelopment Project NO.1 (the "Redevelopment Plan
Modification"), the proposed establishment of Tax Increment Financing
District No. 1-37 (an economic development tax increment financing dis-
trict) within Central Monticello Redevelopment Project No.1, and the pro-
posed adoption of a Tax Increment Financing Plan (the 'TIF Plan") therefore
(collectively, the "Plans"), pursuant to Minnesota Statutes, 469.001 to
469.047 and Sections 469.174 to 469.1799, all inclusive, as amended.
Copies of the Plans are on file, and available for public inspection at the
office of the City Administrator at City Hall.
The property to be included in Tax Increment Financing District No. 1-
37 is located within Central Monticello Redevelopment Project No. 1 and
the City of Monticello. A map of Central Monticello Redevelopment Project
No. 1 and Tax Increment Financing District No. 1-37 therein is set forth
below. Subject to certain limitations, tax increment from Tax Increment
Financing District No. 1-37 may be spent on eligible uses within the bound-
aries of Central Monticello Redevelopment Project No.1.
TA.'III'<<.'ItEMHNT Pl)'ll!A1'lUNt; m:rlnt.~:-t:'N,...""
t"1tN'nt~L M()N11t.~
UDl!VFJ..OPMENT P'l:OJUT N& I
CIn' Of MO~EJ...f)
WIUC,.tIT C~JNTV. MntNEIOTA
I!J!L~
J..
All interested persons may appear at the hearing and present their views
orally or prior to the meeting in writing.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF MONTICELLO,
MINNESOTA
-Rick Wolfsteller, City Administrator
(April 13, 20, 2006)
\1
\ll
CITY OF MONTICELLO
WRIGHT COUNTY
ST ATE OF MINNESOTA
Council member
introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1; AND
ESTABLISIDNG TAX INCREMENT FINANCING DISTRICT NO. 1-37 THEREIN
AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the
"City"), as follows:
Section 1.
Recitals.
1.01. The Board of Commissioners (the "Board") of the Monticello Housing and Redevelopment
Authority (the "HRA") has heretofore established Central Monticello Redevelopment Project No.1 and
adopted the Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a
Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 (the
"Redevelopment Plan Modification") and establish Tax Increment Financing District No. 1.37 (the "District")
therein and adopt a Tax Increment Financing Plan (the "TIP Plan") therefor (the Redevelopment Plan
Modification and the TIP Plan are referred to collectively herein as the "Plans"); all pursuant to and in
conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections
469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the
Council's consideration.
1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans
to be prepared.
1.03. The HRA and City have performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to,
notification of Wright County and Independent School District No. 882 having taxing jurisdiction over the
property to be included in the District, a review of and written comment on the Plans by the City Planning
Commission, approval ofthe Plans by the HRA on April 5, 2006, and the holding of a public hearing upon
published notice as required by law.
1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated
therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part
of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation
constituting or relating to the basis for the other fmdings and determinations made in this resolution. The
Council hereby confmns, ratifies and adopts the Reports, which are hereby incorporated into and made as fully
a part of this resolution to the same extent as if set forth in full herein.
1.06. The City is not modifying the boundaries of Central Monticello Redevelopment Project No. I,
but is, however, modifying the Redevelopment Plan therefor.
\\<()
Section 2.
Findimzs for the Adoption and Approval of the Plans.
2.01. The Council hereby fmds that the Plans are intended and, in the judgment of this Council, the
effect of such actions will be, to provide an impetus for development in the public interest and accomplish
certain objectives as specified in the Plans, which are hereby incorporated herein.
Section 3.
Finding:s for the Establishment of Tax Increment FinancinlZ District No. 1-37.
3.01. The Council hereby fmds that the District is in the public interest and meets the requirements
for an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12.
3.02. The Council further fmds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax increment fmancing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment
Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as
a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a
whole, for the redevelopment or development of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above fmdings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
Section 4.
Public purpose
4.01. The adoption of the Plans conforms in all respects to the requirements of the BRA Act and
TIP Act and will result in increased employment in the state and in the preservation and enhancement of the
tax base of the State because it will facilitate the development of a warehouse and distribution facility on
underutilized land and will create new employment opportunities. The Council expressly fmds that any private
benefit to be received by developers is incidental, as the assistance is provided only to write-down the high
industrial park development costs incurred by the HRA and only in the amount necessary to carry out that
purpose. That is, the tax increment assistance is necessary to provide the public benefits described above.
Therefore, the Council fmds that the public benefits of the Plans exceed any private benefits.
Section 5.
Approval and Adoption of the Plans.
5.01. The Plans, as presented to the Council on this date, including without limitation the fmdings
and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and
shall be placed on file in the office of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
5.03 The Auditor of Wright County is requested to certify the original net tax capacity of the
District, as described in the Plans, and to certify in each year thereafter the amount by which the original net
tax capacity has increased or decreased; and the Monticello Housing and Redevelopment Authority is
authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the
l\~
Auditor may specify, together with a list of all properties within the District, for which building permits have
been issued during the 18 months immediately preceding the adoption of this resolution.
5.04. The City Administrator is further authorized and directed to file a copy of the Plans with the
Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd.
4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: April 24, 2006
ATTEST:
Mayor
City Administrator
(Seal)
\~o
EXHIBIT A
RESOLUTION NO.
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment
Financing District No. 1-37 as required pursuant to M.s., Section 469.175. Subd. 3 are as follows:
I. Finding that Tax Increment Financing District No. 1-37 is an economic development district as defined in
M.S.. Section 469.174, Subd. 12.
Tax Increment Financing District No. 1-37 is a contiguous geographic area within the City's Central
Monticello Redevelopment Project No.1, delineated in the TIP Plan, for the purpose off1l1ancing economic
development in the City through the use of tax increment. The District is in the public interest because it will
increase employment in the state, and preserve and enhance the tax base of the state.
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and that the increased
market value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
Tax Increment Financing District No. 1-37 permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: The development proposed in this plan
is a production and warehouse facility that meets the City's objectives for economic development. The
business is moving from another city for a better location and has looked at other cities. The cost of land
acquisition, site and public improvements and utilities makes development of the facility in this location
infeasible without City assistance. The HRA is the land developer and is charging only enough to cover its
costs plus interest to build the infrastructure to support this development.
The increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in market value estimated to resultfrom the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the TIF District permitted by the TIF Plan: This site is part of a new industrial park, with high start-up costs
incurred by the HRA to acquire and grade land and install infrastructure. If the HRA sold the land at its true
value, it would be unlikely to fmd willing buyers. The first parcel sold in this industrial park also required
tax increment assistance, and the City expects that future sales will require similar incentives. Therefore, the
City reasonably determines that no other development of similar scope is anticipated on this site without
substantially similar assistance being provided for development.
Therefore, the Council concludes as follows:
a. The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is $0, other than minimal appreciation.
b. If all development which is proposed to be assisted with tax increment were to occur in the
District, the total increase in market value would be up to $890,000.
c. The present value oftax increments from the District is estimated to be $118,756.
d. If the City and HRA did not assume the role of land developer, the property would not
ld-.\
develop in the near term. Even if some development other than the proposed development were to
occur, the Council fmds that no development with a market value of greater than $771,244 (the
amount in clause b less the amount in clause c) would occur without tax increment assistance in this
district within 9 years.
3. Finding that the TIF Plan for Tax Increment Financing District No. 1-37 conforms to the generalplanfor
the development or redevelopment of the municipality as a whole.
The Plarming Commission reviewed the TIP Plan and found that the TIP Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 1-37 will afford
maximum opportunity, consistent with the sound needs of the City as a wholeJor the development ofCentral
Monticello Redevelopment Project No. 1 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State of
Minnesota, increased tax base of the State, and add high-quality development to the City.
, d-~
Ehlers & Associates, Inc.
Tax Increment Financing District Overview
City of Monticello
Tax Increment Financing District No. 1-37
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for
TIP District No. 1-37. More detailed information on each of these topics can be found in the complete TIP
Plan.
Proposed action:
Establishment of Tax Increment Financing District No. 1-37 (District)
and the adoption of a Tax Increment Financing Plan (TIP Plan).
Adoption of a Redevelopment Plan Modification for the Central
Monticello Redevelopment Project No.1. (The Modification is to
include the project activities anticipated in the District.)
Type of TIP District:
An economic development district
Parcel Numbers:
Proposed Development:
155-181-000020
The District is being created to facilitate the construction of an
approximately 20,000 sq. ft. production/warehouse facility in the City
of Monticello.
The duration of the District will be 8 years after receipt of the first
increment by the HRA or City (9 years total). The date of receipt by
the City of the first tax increment is expected to be 2008. Thus, it is
estimated that the District, including any modifications of the TIP Plan
for subsequent phases or other changes, would terminate after 2016, or
when the TIP Plan is satisfied.
Up to $19,412
Maximum duration:
Estimated annual tax
increment:
Proposed uses:
The TIP Plan contains a budget that authorizes the maximum amount
that may be expended:
Land/Building Acquisition................................................. $94,000
Site Improvements/Preparation ... ... .......... ............................ $5,000
Public Utilities...................................................................... $5,000
Streets and Sidewalks.......................... ...... ........... ................ $5,000
Interest....... ................................................ .. .. .' ................... $50,000
Administrative Costs (up to 10%) ...................................... $16.000
TOTAL PROJECT COSTS .......................................... $175.000
See Subsection 2-10, page 2.5 of the TIP Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter-fund loans and transfers and bonded indebtedness.
Form of financing:
Interfund Loans
I O<~
TIF District Overview
Administrative fee:
Up to 10% of annual increment, if costs are justified.
4 Year Activity Rule
($ 469.176 Subd 6)
After four years from the date of certification of the District one of the
following activities must have been commenced on each parcel in the
District:
. Demolition
. Rehabilitation
. Renovation
. Other site preparation (not including utility services such as
sewer and water)
· If the activity has not been started by the approximately April
20 I 0, no additional tax increment may be taken from that
parcel until the commencement of a qualifying activity.
5 Year Rule
($ 469.1763 Subd 3)
Within 5 years of certification revenues derived from tax increments
must be expended or obligated to be expended. Tax increments are
considered to have been expended on an activity within the District if
one of the following occurs:
. The revenues are actually paid to a third party with respect to
the activity
· Bonds, the proceeds of which must be used to finance the
activity, are issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds either
are reasonably expected to be spent before the end of the later
of (i) the five year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under~. I 48(c)(1) of
the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund
· Binding contracts with a third party are entered into for
performance of the activity and the revenues are spent under
the contractual obligation
· Costs with respect to the activity are paid and the revenues are
spent to reimburse for payment of the costs, including interest
on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately April, 2011, will not be eligible for repayment from tax
increments.
The reasons and facts supporting the findings for the adoption of the TIP Plan for the District, as
required pursuant to MS., Section 469.175, Subd. 3, are included in Exhibit A of the City Council
Adopting Resolution.
Page 2
ld.-'-j
TIF District Overview
MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
AND TAX INCREMENT FINANCING DISTRICT NO. 1-37
-1
TAX INCREMENT FINANCING DISTRICT No. 1.37
CENTRAL MONTICELLO
REDEVELOPMENT PROJECT No.1
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
~.. ..---.-
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Page 3
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Council Agenda - 4/24106
8. Public Hearin~-Consideration of a resolution adoptin~.proposed assessment roll for
delinQuent utilitv bills and certification of assessment roll to County Auditor. (RW)
A. REFERENCE AND BACKGROUND:
The City Council is again asked to adopt an assessment roll for utility billing accounts
which are delinquent more than 60 days and to certify the assessment roll to the County
Auditor for collection on next year's real estate taxes.
The delinquent utility accounts that are included with the agenda are accounts that are at
least 60 days past due and include all new delinquents from the last time we certified
them. In addition to the delinquent amount, the Council also previously approved the
establishment of an administrative fee of $50 per account that is added to each delinquent
assessment. The amounts shown on the enclosed delinquent utilities list include the
additional $50 administration fee for the preparation ofthe assessment roll.
It is recommended that the delinquent accounts be put on an assessment roll for
certification at an interest rate of 6% as allowed by state statute. As in the past, if any
accounts are paid within 30 days after the adoption of the assessment roll, they can be
paid without the additional interest. After 30 days, payments will be charged interest.
B. ALTERNATIVE ACTIONS:
1. Adopt the assessment roll for the delinquent charges as presented.
2. Based on public hearing input, adjust the assessment roll as required.
C. ST AFF RECOMMENDATION:
It is staff recommendation that the Council adopt the assessment roll as presented. All of
the accounts are at least 60 days past due and have been given proper notice of this
assessment hearing and ample opportunity to pay the accounts in full. All utility accounts
were notified that there would be an additional $50 administrative fee attached to each
outstanding balance if the account was not paid by 4:30 p.m. on April 4,2006.
D. SUPPORTING DATA:
. Copy of resolution adopting assessment roll
. Complete listing of delinquent accounts to be certified.
Idlo
I
,
CITY OF MONTICELLO
RESOLUTION NO. 2006-28
RESOLUTION ADOPTING ASSESSMENT ROLL
FOR DELINQUENT UTILITY ACCOUNTS
FOURTH QUARTER 2005
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessment for delinquent utility account
charges,
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessments against the parcels named
herein, and each tract of land therein included is hereby found to be benefitted by the
assessment levied against it.
2. Such assessment shall be payable in one (1) annual installment payable on or before the
first Monday in January 2007 and shall bear interest at the rate of 6 percent per annum
from the date of the adoption of this assessment resolution. To the first installment
shall be added interest on the entire assessment from the date of this resolution until
December 31, 2007.
3. The owner of the property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property
with interest accrued to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption
of this resolution.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment
roll to the county auditor to be extended on the proper tax list of the county, and such
assessment shall be collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council this 24th day of April, 2006.
ATTEST:
Clint Herbst, Mayor
Rick Wolfsteller, City Administrator
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Council Agenda: 4/24/06
9. Public Rearin!! on vacation of easements in a portion of the Commercial Plaza 25 and
Commercial Courts Addition.
A. REFERENCE AND BACKGROUND:
This public hearing is a result of a request for the Warnert Retail Development to vacate the
existing street, drainage and utility easements over the property comprising their development
which consists oflots within the Commercial Court and Commercial Plaza 25 plats. Since
these lots are proposed to be replatted, replacement easements will be contained within the new
plat. The hearing was originally noticed for February 27,2006 however the Council tabled
the public hearing until a final plat was submitted. The final plat is for Warnert Retail
Development is item #5J on the agenda.
The City is required to conduct a public hearing prior to the vacation of any easements.
B. ALTERNATIVE ACTIONS:
1. After conducting the public hearing, the Council may determine to vacate the existing
street, drainage and utility easements as described on the attached document contingent
upon replacement easements being part of the approved final plat for the Warnert
Development.
2. The Council could determine not to vacate the easements.
C. STAFF RECOMMENDATION:
Since the city will be receiving replacement easements with the replat of these lots, it would
seem logical that the existing easement be vacated so that the property owner can proceed with
the replatting of the property.
D. SUPPORTING DATA:
Legal description of easements to be vacated.
\3Y
LEGAL DESCRIPTION PER TITLE COMMITMENT
Lots Two (2) and Three (3), Block One (1), COMMERCIAL PLAZA 25, according to
the plat and survey thereof on file and of record in the office of the County Recorder in
and for Wright County, Minnesota.
Together with a non-exclusive easement for ingress and egress from the subject property
over and across that portion of Lot One (I), Block One (1), COMMERCIAL PLAZA 25,
on which there is presently constructed a hard surface access road from U.S. Highway 25
to the subject property, and defined in Document Number 490586.
AND
Lot One (1), Block One (1), COMMERCIAL PLAZA 25, according to the plat and
survey thereof on file and of record in the office of the County Recorder in and for
Wright County, Minnesota.
ALSO:
Lot One (1), Block One (1), COMMERCIAL COURT
AND
Lot Two (2), Block One (1), less that part of Lot 2, Block 1, COMMERCIAL COURT,
according to the recorded plat thereof, Wright County, Minnesota, lying northeasterly of
a line drawn southeasterly from a point on the westerly linc of said Lot 2, distant 6.34
feet southwesterly from the northwesterly comer of said Lot 2 to a point on the easterly
line of said Lot 2 distant 71.96 feet southwesterly from the most easterly corner of said
Lot 2.
AND
Lot Five (5), Block One (1), COMMERCIAL COURT, according to the recorded plat
thereof, Wright County, Minnesota, except that part of Lot 5, Block 1, lying northerly of
a line drawn southeasterly from a point on the westerly line of said Lot 5 distant 71.96
feet southwesterly from the northwesterly corner of said Lot 5 to a point on the southerly
line of said Lot 5 distant 63.67 feet westerly of the southeast comer of said Lot 5.
AND
Lot Six (6), Block One (1), COMMERCIAL COURT, according to the recorded plat
thereof, Wright County, Minnesota, except that part of Lot 6, Block 1, lying northeasterly
of a line drawn nOlihwesterly from a point on the easterly line of said Lot 6 distant 26.72
feet southwesterly fi'om the most easterly comer of said Lot 6 to a point on the northerly
line of said Lot 6 distant 63.11 feet west from said most easter! y corner of Lot 6.
-
.\ 3S
Council Agenda: 4/24106
10. Consideration of Rejectine Bids. Revisine the Project. and Authorizine the
Advertisement for Bids to Extend Utilities to the Hidden Forest and Niaeara Falls
Developments (Citv of Monticello Project No. 2005-03C) (WSB)
A. REFERENCE AND BACKGROUND:
The City received bids for the above-referenced project on March 30,2006. Because the bids
were higher than anticipated due to recent economic conditions, the developer requested the
ability to bid a portion of the project (the Hidden Forest and Niagara Falls lift stations and the
storm sewer outlet) with their private project for the development.
Since the developer has chosen to assume those project elements with their private project,
this leaves the force main and water main extension along CSAH 39 to be re-bid by the City.
Therefore, we are asking to reject all bids and call for a new Advertisement for Bids to
include only the force main and water main extension.
B. AL TERNA TIVE ACTIONS:
1. Reject bids and authorize the Advertisement for Bids for the force main and water
main extension.
2. Table to a future meeting.
C. ST AFF RECOMMENDATION:
A recommendation will be provided at the City Council meeting on Monday, April 24, 2006.
D. SUPPORTING DATA:
None
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City Council Agenda - 03/27/06
12. Consideration of a Consideration of a request for a Conditional Use Permit for an
Amendment to Planned Unit Development for Open and Outdoor Storat;!e and for Outdoor
Sales and Display in a B-3 (Hit;!hway Business) District and for Additional Used
Automobile/Li2ht Truck Sales & Display. Applicant: Walt's Pawn and Bart;!ain Center
(NAC)
A. REFERENCE AND BACKGROUND
Due to statutory requirements for action on conditional use permit requests, the Council
is required to take action on this request during the April 24th meeting, either approving
or denying this request.
Consideration of licensing requirements related to the pawn/sale of second-hand goods
should be considered as a separate item.
The applicant is seeking Conditional Use Permit approval to amend an existing PUD for
outdoor storage and outdoor display related to the operation of a retail facility that includes
Second Hand Goods, Pawn, and Automobile Sales. The site is approximately 1.2 acres in area,
and includes an existing building of approximately 4,130 square feet offioor area. Of that
building, the applicant indicates that only a portion of the building (1,156 square feet) is
utilized for retail sales area, with the remainder being used for storage. The applicant's request
has been amended from the original application to reflect the requirements ofthe ordinances,
including the following:
. 1,080 square feet of Outdoor Display of garden and lawn equipment, contractor
equipment, and motor sports toys in front of the building, adjacent to Highway 25.
· Outdoor display of vehicles, boats, and trailers and machinery, for up to 21 items,
according to the site plan.
. 2,750 square feet of Outdoor Storage, in back of the building, adjacent to the Marvin
Road right of way.
The zoning ordinance makes the following requirements for the proposed uses:
a. Retail store parking (Section 3-5 [H] 17): 1 parking space per 200 square feet of building
floor area.
b. Landscaping (Section 3-2 [G]: The ordinance requires at least one tree per 50 feet of site
perimeter, and that all spaces not utilized for building or required parking be landscaped in
accordance with this section.
c. Automobile Sales (Section 13-4 [D]): Building of 5% of lot area; Sales area is paved;
lighting is not directly visible from the street; Display area does not take up required
parking space; Signing, Drainage, other requirements consistent with Zoning Ordinance
regulations.
d. Outdoor Storage (Section 13-4 [E]): Does not take up area for required parking; Sales area
1
\":,1
City Council Agenda - 03/27/06
is grassed or surfaced; Lighting is not directly visible from street.
e. Outdoor Display (Section 13-4 [F]): Maximum 30% of floor area of principal building;
does not take up area for required parking; Sales area is grassed or surfaced; lighting is not
directly visible from street.
The site plan has been modified to comply with these requirements. These are summarized as
follows:
Parking. The building requires a minimum of9 parking spaces. The site plan shows 9, spaces,
all of which have been located to comply with the required parking setback of 5 feet. In
addition, a portion of the paved area adjacent to Marvin Road extends onto the right of way.
Landscaving. The site complies with the landscaping requirement of the zoning ordinance. At
least 15 trees are required by the landscaping ordinance. As now drawn, 16 trees have been
provided.
Automobile Sales. The building appears to meet the requirements for this section. However,
sales area is not permitted to occupy required parking. The applicant will need to ensure that
the designated parking spaces are reserved for parking and not display.
Outdoor Storage. The storage area appears to meet the requirements of the CUP standards.
The applicant has proposed chain link fencing with slats to serve as the required screening. In
other applications in the area (e.g. Monticello Auto Body; Enterprise Car Rental) the City has
required a wood fence to screen the storage area, rather than chain link with slats. A full
landscape screen could possibly serve to mitigate a chain link fence for this purpose. As with
the Automobile Sales note, some ofthis area may be necessary for required parking.
Outdoor Displav. The ordinance limits display area to 30% of the building size. This requires
that no more than 1,230 square feet of display area may be permitted. The site plan has been
revised to comply with the requirements for display area.
The site is a part of an existing pun that was most recently affected by the occupation of the
adjoining building by Gould's Body Shop and Automobile Sales. At that time, the property
owner submitted a plan which shows a "lease line" allowing Gould's to occupy a portion ofthe
parcel on which Walt's Pawn is located. As a result ofthis lease, and the PUD granted for it,
the Walt's property has limited area on which to park vehicles. Previously, the Walt's site was
occupied by indoor activities, primarily office and retail.
B. AL TERNA TIVE ACTIONS
Decision 1: Conditional Use Permit for an Amendment to Planned Unit Development for
Open and Outdoor Storage and for Outdoor Sales and Display and for Additional Used
Automobile/Light Truck Sales & Display for Walt's Pawn and Bargain Center
1. Motion to approve the Conditional Use Permit pun, based on a finding that the
applicant has complied with each of the applicable requirements for the use as specified
in the zoning ordinance.
2
\ 3 '8
City Council Agenda - 03/27/06
2. Motion to deny the Conditional Use Permit PUD, based on a finding that the application
fails to comply with ordinance requirements related to parking, setbacks, landscaping,
and Outdoor Display area.
C. STAFF RECOMMENDATION
For PUD, the City must find, and the applicant must show, that the flexibility granted from
zoning regulations is justified by higher design and site amenities. While this site does not
comply with the common understanding ofPUD, due to building quality and the use of the site,
utilization of the site as shown provides for reasonable use until the property is redeveloped.
It is expected that in the near future, this site will become a desired location for new
development, which will upgrade the development quality of the site.
The applicant has modified the proposal to comply with the basic requirements of the zoning
ordinance, without numerous changes to the general site improvements. The property should
be made to conform to the standard minimum zoning regulations if a more intense use is to be
made of it, consistent with the standards routinely applied to other commercial development in
the City.
D. SUPPORTING DATA
A. Aerial Image
B. Applicant Request Narrative - Revised
C. Site Plan - Revised
D. Interior Retail Floor Area Calculation
E. Item Minutes from 217106 Planning Commission
Z. Exhibit Z - Conditions of Approval
3
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Page 1 of 2
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Walt's Monticello Pawn, Gun, and Bargain Center is requesting to use portions of the
propeliy located at 1219 s Hwy. 25 Monticello MN
1. Outside sales and display of vehicles, boats, trailers and machinery. It is
proposed that no more than 25 of these in any combination would be for sale at one time.
These would primarily be displayed along the curb-facing highway 25 and also on the
northwest side of the building and the south side of the property using 4140 sq. Ft.
2. Walt's Monticello Pawn, gun and Bargain Center is also requesting to use
3082 sq. ft. For outside display and sales of garden and lawn equipment, contractor
equipment and motor sports toys for sale. 85% of our business is derived from sales of
such type of new and used equipment. These types of items are put out in the moming
and brought back inside in the evening. We have been selling these types of items at
this location for about a year under the apparent misunderstanding that the current
conditional use pennit is still in effect.
3. Outside fenced storage: It is our intention to include outside storage as an
accessory use. Walt's proposes to erect a chain link fence at height of7 ft. 6 in around
the western perimeter of building to store items too large for indoor storage. The chain
link fence would contain slats for screening and be encompassing approximately 2750 sq.
Ft.
Walt's Monticello Pawn and Bargain Center is seeking the conditional use pennit for
new and used automobile, light truck and motor sports sales as is consistent with the b-3
zoning district. The sales and display are consistent with prior approvals and appears to
meet all requirements of the zoning ordinance.
The following are the dimensions of square footage of each area for clarification:
6 \\1- 9x20 Display slots; total ,~ Sq. Ft- Bituminous i 010 5' '1,;' Fr
4- 9x20 Display slots; Total 720 Sq. Ft. Bituminous
4- 9x20 Display slots; Total 720 Sq. Ft. Grass
'7 J- 9x20 Display Slots; Total ~Sq. Ft. Concrete 1')....(,0 S'i{,.f'1
19..2vR4Equaling ~Tota1 Sq. Ft. Bituminous 12-'/0 :>ti. ff"
g.v.,SS r:~r ,li11t ':;;'''In Tr\tRl ~iJ1....Pt ~i. y
9 ~-9x20 Parking Spaces Totaling ~ Sq. Ft. Concrete /(;:20 "S 9.", fT
Nonparallel outside storage Totaling 2750 Sq. Ft.
Building 4008 Total Sq. Ft.
Entire parcel equals 40,246.3436 Sq. Ft. In which Gould Bros. Occupies
Walt's Pawn, Gun, and Bargain Center Occupies 51,647.4336 Total Sq. Ft.
REtAIL <SA LE5
I !)' b 5' ~ . (-r
Thank you in advance,
Walt's Monticello Pawn and Bargain Center
Cc mclu
MAR ~ ;i 2006
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Planning Commission Minutes 02/07/06
11. Public Hearing - Consideration of a request for a Conditional Use Permit for and
Amendment to Planned Unit Development for Open and Outdoor Storage and for Outdoor
Sales and Display in a B-3 (Hil!hway Business) District and for Additional Used
Automobile/Light Truck Sales & Display. Applicant: Walt's Pawn and Bargain Center
.
Grittman reviewed the staff report relating to the request, explaining that the Commission had
most recently reviewed an amendment to PUD for the Gould Auto facility. In this request, the
applicant is seeking an amendment to address activities relating to the southern building,
formerly occupied by Fastenal. Grittman referred to the applicant's site plan, stating that it
includes a number of elements. He stated that the applicant is requesting an outdoor display
area over 2500 square feet, to be used for the display of lawn and garden equipment,
contractor equipment and motorsport items. The applicant is also requesting 25 spaces for the
outdoor display of vehicles, boats, trailers and machinery. Additionally, the applicant has
requested approximately 3975 square feet of Outdoor Storage area in the rear ofthe building.
Grittman stated that the property is subject to a number of requirements in relationship to these
requests. Parking requirements identified by code require I space per 200 square feet of
building area. Grittman relayed that Auto Sales is limited to 5%, of the lot area, with a paved
sales area. Additionally, the sales and storage areas cannot take up the required parking space.
Grittman noted that outdoor storage areas are required to be surfaced or grassed, with no
lighting directly visible from the street. Grittman explained that Outdoor Sales uses are
allowed for up to 30% of the square footage of the principal building, subject to required
parking area.
Grittman stated that because ofthe number of proposed uses, the site plan doesn't comply
with a number ofthe noted requirements. Based on calculations for the building size, the
applicant is required to supply 19 parking spaces. Grittman stated that the plan shows only 8
spaces. Grittman stated that the remainder of what would be parking area is occupied by
display space. He also noted that there is a lack of landscaping on site. He indicated that
while the Auto Sales use as noted is allowed, and appears the size meets requirements, the
applicant is still short of parking. Essentially, the applicant needs to reconcile the sales areas
with the parking supply on the site. In regards to the Outdoor Storage use, Grittman stated
that there is a screening issue. The applicant is proposing a chain link fence with slats.
Grittman noted that for commercial areas, the City has often required wood as part of the
screening component ofthe CUP. Finally, Grittman reported that the Outdoor Storage use is
limited to 30% of the gross floor area of the principal use. In this case, the applicant would be
allowed 1200 square feet maximum.
In considering the PUD, Grittman stated the past uses of the site were retail and office uses.
With the additional outdoor uses, it appears that site cannot comply with the ordinance relating
to the additional uses. Therefore, Grittman stated that staff is not recommending approval at
this time.
Suchy asked about the parking requirement based on building size. She inquired whether the
calculation could be based on what the uses within the building are. Grittman stated that if
staff could look at floor plan, the calculation would differentiate between retail space versus
mechanical or storage spaces.
Hilgart inquired who the POO was granted to. Grittman stated that it was granted to the
140 D
City Council Agenda - 03/27/06
Exhibit Z
Conditions of Approval
Walt's Pawn & Bargain Center
3/27/06
· A maximum of 1,080 square feet of Outdoor Display area for garden and lawn
equipment, contractor equipment, and motor sports equipment in front of the building,
adjacent to Highway 25, is allowed as shown of the site plan submitted March 13,2006.
· Outdoor display of vehicles, boats, and trailers and machinery, for a maximum of 21
items is allowed as shown on the site plan submitted March 13th, 2006.
· 2,750 square feet of Outdoor Storage, in back of the building, adjacent to the Marvin
Road right of way be allowed as shown on the site plan submitted March 13th, 2006.
· The applicant will sign the designated parking spaces for reserved customer and
employee parking.
· No outdoor sales or display is to occur in the 9 required customer/employee parking
areas.
· Other conditions as recommended by the City Council during the meeting of April 24th,
2006.
4
\ '-\ <) t:-
Council Agenda: 4/24/06
13. Consideration of Intersection Options for Meadow Oak Avenue and CSAH 18 (Citv
Proiect No. 2004-01C) (WSB)
A. REFERENCE AND BACKGROUND:
The development of the CSAH 18 interchange included the construction of Meadow Oak
Avenue. This street is located north of Resurrection Church and connects between CSAH 75 to
CSAH 18 midway between School Boulevard and Chelsea Road. The interchange proj ect
design provided for a three-movement intersection by restricting the southbound left turning
movement from westbound Meadow Oak Avenue onto CSAH 18. The three-movement
intersection was a compromise solution by Wright County Highway Department. Their current
spacing guidelines would provide for only a right in/right out movement.
Issues:
The three-movement intersection has created a concern by the Council since it was first
revealed due to the lack of southbound access for the neighborhood and the proposed
commercial development. The Council has expressed concerns for the residents in the area
accessing southbound CSAH 18, which, with the current design, would occur by completing a
U-turn at the Chelsea Road intersection. There is also concern that the possible future
development of the property north of Resurrection Church could create a large demand for the
southbound movement. The Church has also expressed a concern that their parking lot will be
used as a cut-through to CSAH 18 for the southbound traffic. We have attempted to address
their concern with a restriction to enter their parking lot from Meadow Oak A venue. Recently,
the School District also expressed their concern with an inability to access northbound CSAH
18 from their existing access. It is further likely that the school access on School Boulevard
will need to be closed and a new access drive constructed on the south side of the school to
their west driveway. If this happens, the school will likely lose their soccer field in that area.
Options:
Since the project design was completed, Mn/DOT has begun accepting two-lane roundabouts
as an intersection control. The City Council has authorized a preliminary analysis of this
option and requested that staff present it to the School District and Wright County. The School
District fully embraced the concept, which included relocating their CSAH 18 access to the
proposed roundabout intersection with Meadow Oak Avenue.
Wright County Transportation Department denied the City's request on the basis of access
spacing and delay to travelers on CSAH 18, among other items.
City staff and WSB were requested to present the roundabout to the Wright County
Transportation Committee of the Whole. At this meeting, and the subsequent County Board
meeting, the Board recommended that the City be allowed to construct a roundabout or leave
the intersection open as a full-movement intersection. It is our understanding that the County
would put some restrictions on allowing the intersection to remain open and could at some
point in the future restrict the access to a two or three-movement intersection.
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Council Agenda: 4/24/06
Analvsis:
We have reviewed three options for Council consideration and have included drawings of each.
The options include:
1. full access intersection without a School District access relocation.
2. full access intersection with a relocated School District access.
3. two-lane roundabout with a relocated School District access.
A description of each option is noted as follows:
1. Full Access with Existing School Access: This option would involve the least street
construction and would simply provide the missing southbound access movement. The
School District access would still be impeded to northbound CSAH 18 and the access
on School Boulevard would need to be removed in the future. This would likely result
in the loss ofthe existing soccer field.
Operationally, the intersection will perform acceptably until approximately 2016, at
which time the southbound left turn stacking and significant delays would be significant
and could result in accidents for the intersection. The 2016 data assumes a 20-year
linear growth in traffic on CSAH 18 and Meadow Oak Avenue. Depending on the
speed of development activity, this operational issue could occur sooner.
This option would result in an increased construction cost of $0.00 for CSAH 18 and an
estimated $71 ,000.00 plus right-of-way for the relocated School Boulevard street access
in the future.
2. Full Access with a Relocated School Access: This option would involve a revision to
CSAH 18 and Meadow Oak Avenue to allow for raising the profile of CSAH 18 to
provide for access into the school parking lot at an acceptable slope. This option would
temporarily eliminate the school access issues to northbound CSAH 18, but would be in
danger of being closed in the future resulting in the same access concern. The school
may be able to close the School Boulevard access; however, the likely closing or
restriction of the CSAH 18 full access may still require the new road construction. This
option would result in an estimated increased construction cost of$385,000.00 for
CSAH 18 plus the $71,000.00 if northbound access is removed in the future. If this
option were selected, the City should negotiate with the County to allow a future
roundabout or signal to be constructed at this location in the future when the
southbound access becomes restricted. This could likely be a difficult negotiation. The
cost is similar to the estimated roundabout construction cost.
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Council Agenda: 4/24/06
3. Two-lane Roundabout with a Relocated School District Access: This option would
involve the construction of a roundabout and would relocate the school access. This
plan would provide for permanent southbound access and school access. The school
would not lose their soccer field. The estimated increased construction cost for this
option is $389,000.00. This intersection control will work with a future signal or
roundabout at School Boulevard and is operationally acceptable. Jfthis option is
selected, the City would have to provide snow removal. The County would reimburse
the City for the snow removal as currently occurs on the other streets in Monticello.
The estimated costs are still subject to negotiation with the contractor. The recent gas increases
could have some impact on any change order. The contract would also need to be extended to
allow for this area to be constructed after the detour is lifted on Meadow Oak Avenue and
would likely extend the completion date beyond the projected September 1, 2006 opening of
the interchange.
It is important that the City Council decide on an alternative at this meeting. The contractor is
installing storm sewer and needs to understand the change so that we can minimize any
unnecessary work.
B. ALTERNATIVE ACTIONS:
1. Select development of a full access intersection without the School District access
relocation.
2. Select development of a full access intersection with a relocated School District access
and authorize plan preparation and change order negotiation.
3. Select development of two-lane roundabout with a relocated School District access and
authorize plan preparation and change order negotiation.
C. STAFF RECOMMENDATION:
The County Board has provided the City Council with the ability to select a preferred option. If
the Council wants to preserve the southbound access, then the roundabout option should be
selected. If the concern is temporary, then the full access without a relocated school access
would be the most cost-effective. The City would need to negotiate terms with the County
Engineer related to when the access could be altered. The School District prefers the
roundabout as does the adjoining developer. The developer has agreed to pay for an as yet
undetermined amount of the roundabout construction.
D. SUPPORTING DATA:
Drawing of each alternative
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The following figures show the turning and through volumes for the CSAH 18 corridor
from School Blvd to north ofCSAH 75. The three years represented in the figures are for
the build year, 2007, the year where queuing problems begin on the WB Meadow Oak
Ave. approach, 2016 and twenty years out, 2027.
Traffic operations were analyzed using the Synchro/Simtraffic 6 software package which
uses the methodology contained in the 2000 Highwav Capacity Manual.
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City Council Agenda - 04/24/06
14. Consideration of a request for an amendment to the Monticello Zonin!! Ordinance
re!!ulation Open and Outdoor Stora!!e in the 1-1. 1-2. and I-IA Districts. Applicant:
City of Monticello. (NAC)
A. REFERENCE AND BACKGROUND:.
Attached is a re-draft of an ordinance regulating outdoor storage in the Industrial districts. This
ordinance reflects discussion at the most recent Planning Commission meeting, following a series of
meetings with a small group of interested property owners, and addresses five primary changes
from previous drafts. The first four have been reviewed and approved by the Planning Commission.
In addition, the Planning Commission added item number 5, directing staff to develop conditions
for allowing outdoor storage in the front yard ofI-2 parcels by Conditional Use Permit.
Two members of the IDC have objected to the Planning Commission's recommendation for
conditions for front yard storage, suggesting that front yard storage in the 1-2 District should be
allowed without additional performance standards or review. This opposition was not adopted by
the full IDC due to that group's concerns that they were not in a position to gauge the impacts of
this type of zoning regulation.
The particular changes are as follows:
1. Redefines screening as an "effective visual interference", rather than "completely opaque",
and encourages the use of berms and plant materials, or decorative fencing, but not chain
link fencing with slats.
2. Redefines screening as being six feet in height above the natural grade, regardless of the
height of the storage.
3. Allows for outdoor storage in the front yard - up to the building setback line in the I-I
District and 1-2 Districts, with storage in the front setback area in the 1-2 District by
CUP.
4. Changes the treatment of trash handling equipment, requiring that it meet the requirements
for outdoor storage only, instead of the other code requirements for trash enclosure
areas.
5. Establishes conditions for allowing outdoor storage in the front setback area ofI-2 parcels,
including a requirement for screening of the storage area, paving of the area to avoid
dust and stormwater drainage concerns, as well as dragging mud out into the public
street during wet seasons.
B. ALTERNATIVE ACTIONS:
Decision 1: Zoning Ordinance Amendment for Open and Outdoor Storage
1. Motion to approve the ordinance as submitted.
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City Council Agenda - 04/24/06
2. Motion to approve an ordinance amendment, altered from the draft as recommend by the
Commission.
3. Motion to deny the ordinance amendment.
C. STAFF RECOMMENDATION:
Staffrecommends adoption of the ordinance based on the significant amount of discussion that has
gone into the draft. As we have noted in the past, staff does not favor storage in the front yards as
allowed by the draft ordinance. We would note that we continue to be concerned about the
allowance of outdoor storage generally as a use which is counter to the City's general industrial
development goals of high employment and high property and building values.
The allowance of outdoor storage typically discourages the investment in buildings, and as we have
raised in previous correspondence, is one of the areas of code enforcement that is most time-
consuming and problematic for the City. Nevertheless, the proffered draft reflects a compromise
with industrial development interests who believe that relaxation of outdoor storage regulation is
important to business operation and development.
Finally, as stated above, there continues to be opposition to the requirement for regulation of
outdoor storage in the front yard of 1-2 zoned parcels. It is staffs understanding that this is the
primary (or only) remaining area of disagreement. The Planning Commission was comfortable
recommending storage in the front yard, with the oversight provided by the Conditional Use Permit
process and a set list of minimum standards. Those promoting front yard storage suggest that there
should be no CUP or performance standards attached to that use.
D. SUPPORTING DATA:
1. Draft Ordinance Amendment
\ 5 \
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 2005-
AN ORDINANCE AMENDING ORDINANCE SECTION 2-2 OF THE ZONING
ORDINANCE RELATED TO OUT DOOR STORAGE WITHIN THE CITY OF
MONTICELLO
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA ORDAINS:
Section 1. Section 2-2 Definitions of Title 10 Zoning Ordinance-City of
Monticello is hereby amended to include the following definition related to Outdoor
Storage:
Outdoor Storage: The keeping of materials or equipment on a parcel of land
for the purpose of transporting, using or employing such materials or equipment at a
future date at another location, either on- or off-site. The keeping of motorized vehicles
that are not licensed for operation on the public roadways, or other equipment that is not
capable of self-powered movement (such as trailers), shall be included in this definition.
Screening: A structure or other object, consisting of either fencing, landscaping,
buildings, berms, or other material, which creates effective visual interference between
materials or activities on private property and a viewer on adjacent property, public or
private. Gated areas for access and circulation shall not be included in the requirement
for screening. The height of screening shall be measured from the natural grade at the
base of the screening
Section 2. Section 3-11 B OUTDOOR STORAGE, shall hereby be inserted
into the Zoning Ordinance as follows:
fA] The following activities shall not be considered outdoor storage for the
purposes of these regulations:
a. Parking of passenger vehicles and light trucks, parked in compliance
with the City of Monticello zoning regulations.
b. Parking of company vehicles, including trucks, vans, and other similar
vehicles, with the exception of semi-truck rigs which shall be subject to
separate regulations.
c. Semi-truck tractors and tractor-trailer rigs (not including detached
trailers), when such tractors and tractor-trailer rigs are parked in the
rear yard.
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d. Semi-truck trailers located in designated loading docks, or otherwise in
the active process of loading or unloading, for a period of not more
than 72 hours.
e. Trash handling equipment, provided such equipment is located within
an enclosure in compliance with the City of Monticello zoning
regulations. In the 1-1, 1-1A, and 1-2 zoning districts, trash handling
equipment and/or areas shall be treated as outdoor storage for the
purposes of location and screening in those districts.
[B] The following table details the processing requirements within the 1-1A, 1_
1, 1-2 District:
DISTRICT 1-1 A 1-1 1-2
Processing CUP for accessory CUP for accessory Permitted as an
Requirements use use accesso_ry use
Front Setback, and Rear line of building Equal to the Equal to the
Side Setback facing required building required buildinq
a Street setback closest to setback closest to
the public street on the public street on
front or side front or side. By
CUP, storaqe may
be located in the
front yard. subject to
the provisions of
Section 3-11 rOt
Internal Side Equal to building Zero feet setback Zero feet setback
property line requirement permitted in rear permitted in rear
Setback and side yard and side yard
behind building behind buildinQ
Rear Setback Equal to setback Zero feet setback Zero feet setback
requirement permitted in rear permitted in rear
and side yard and side yard
behind building behind building
Area Limitation 20% of building floor 50% of lot area, No limitation as an
area, maximum maximum accessory use
Screening from Screening Screening Screening
Street and consistent with consistent with consistent with
Residential and ordinance ordinance ordinance
Commercial Uses or requirements via requirements via requirements via
Zoning landscaping and lor landscaping and/or landscaping and/or
decorative fencing decorative fencing decorative fencing
required required from required from
residential, residential,
commercial or 1-1 A commercial or 1-1 A
property, but not property, but not
streets where streets where
adjoining zoning is adjoining zoning is
\ 5 3
Industrial Industrial
Screening from Screening No screening No screening
Industrial Uses consistent with required if abutting required if abutting
ordinance 1-1 or 1-2 zoned 1-1 or 1-2 zoned
requirements via property property
landscaping and/or
decorative fencing
required
Occupation of Not permitted Permitted, with Permitted, with
drainage and utility signed, recorded signed, recorded
easements acknowledgement acknowledgement
of owner's of owner's
restoration restoration
requirements, requirements,
except as noted in except as noted in
yards adjoining yards adjoining
streets streets
[C] For the purposes of this section, screening should consist primarily of berms and
landscaping in accordance with Sections 3-2 [G] and 3-3 [G], and may include
decorative fencing. Where screening is required, chain link fencing with slats shall not
be permitted, unless the fencing is itself screened with landscaping. All screening
required by this section shall be at least six (6) feet in height, as measured from the
natural grade. Screening of storage areas, where required, shall be designed to screen
from the view of the public right of way or an abutting property line. Storage areas
within front yard areas shall be screened, at a minimum, from views perpendicular to the
property line. The City Council may impose additional screening if deemed necessary.
o B Conditional Use Permit outdoor stora
yard in the 1-2 District, provided that:
1. Front yard storaqe is screened from view of the public riqht of way and
residential property in compliance with Section 3-11 rq.
2. Storaqe areas in the required front yard are paved to control dust and
drainaqe. manaqe circulation. and avoid soil beinq deposited on the public
street.
3. Storaqe areas in the front yard do not take up required parkinq, loadinq, or
circulation space.
Section 3. Enactment. This ordinance shall be in full force and effect upon its
passage and publication.
ADOPTED this
day of
2005.
I S~,)
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
By:
Rick Wolfsteller, City Administrator
\SS
Community Development Coordinator
Angel Schumann
Monticello City HaH
505 Walnut Street Suite I
Monticello, MN 55362
4/10/2006
Re: Written Comment concerning FROT YARD STORAGE and use of
CONDITIONAL USE PERMITS.
ALLOW FRONT YARD STORAGE;
· Allows owner full use of investment.
· Allows storage of materials that may not be an integral part of the factory
process or require protection from the elements.
· Provides added benefit to city if a property is vacated and a new venture
contemplates occupancy.
· Use denial tells the investor to go somewhere else.
NO CUP (Conditional Use Permit) is discouraged altogether,
· CUP in abeyance leaves industrial owner / developer not knowing final
conditions of CUP and not being able to fully evaluate costs.
· Provide zoning defining and allowing Front Yard Storage.
Rie ard Van Allen
6448 River Mill Drive
Monticello, MN 55362
Ph. 763-295-5553
p::.) lp
Council Agenda: 4/24/06
15. Consideration of Establishin2 Mix of Participants on Comprehensive Plan Task Force
(JO)
A. REFERENCE AND BACKGROUND:
City Council is asked to consider establishing a preliminary mix of participants to serve on the
citizen task force guiding the update to the comprehensive plan. As you know, some days ago,
at the end of the interview process, the selection committee voted strongly in favor of
Hoisington Koegler. Subsequently, reference checks were made. Elk River, Ramsey,
Lakeville and St Michael all reported a positive experience with this firm. Also subsequent to
the interview, we met with the three principal planners to review the RFP, discuss the proposal
and refine the scope of services/project budget. From this discussion, a contract is being
prepared which will spell out expectations for the city and consultant. Please note that at this
time the budget identified in the proposal will follow in the contract. However, as a side note
we may want to consider authorizing a Natural Resource Inventory in addition to the Comp
Plan update in the event we fail to get the grant recently applied for. It is our goal to have the
draft contract available for Council decision making at the May 8th meeting of the City Council
In the meantime, presuming that the City will want to appoint a citizen task force, we can begin
the process of lining up people that will provide input on plan process and content.
The task force will on average be meeting once a month for 14 months starting in June.
Meetings are tentatively scheduled for the first Thursday of the month at 2:00 PM.
Please note that I reviewed with the Planning Commission the concept of using a task force to
develop an amendment to the comprehensive plan versus utilizing the Planning Commission.
The Planning Commission was comfortable with the concept knowing that the update to the
Comp Plan must pass through the Planning Commission on the way to the City Council thus
the Planning Commission will have opportunity to provide input both through a representative
and through the public hearing portion ofthe process.
Following is a proposed first run at the proposed "line-up" for the Comp Plan Task Force. It is
up to Council to add or subtract. The main goal is to assemble a group of people that represent
a cross section of the community. Please take a close look at this line-up. The line-up below
results in a task for of20which is the maximum amount.
City Council- 2
Planning Commission - 2
Parks Commission - 2
HRAlEDAlIDC - 3
Chamber of Commerce - 1
School District - 1
County - 1
Monticello Township - 2
Hospital District - 1
Citizen at Large City - 3
Citizen at Large Township - 1
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Council Agenda: 4/24/06
B. ALTERNATIVE ACTIONS:
1. Provide staff direction with regards to desired mix of task force participants.
If Council selects this option, Staffwill send out requests for volunteers with the final line-
up ready for Council review at the second CC meeting in May. The first meeting of the
task force scheduled for June 1st at 2:00 PM.
2. Do not establish a task force. Assign the work to the Planning Commission.
C. STAFF RECOMMENDATION:
It is recommended that the total participation on the task force be limited to 20. It is up to
Council to determine the proper mix of participants. The list above is a starting point for
discussion only.
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Council Agenda: 4/24/06
16. Consideration of a request for an amendment to the Subdivision Ordinance relatine: to Park
Dedication. Applicant: City of Monticello. (JOINAC)
A. REFERENCE AND BACKGROUND
With the City's intent to acquire the YMCA property as a part of its park and open space system, the need
to address park dedication requirements is raised. The current formula it based on the Park and Open
Space plan element of the Comprehensive Plan, but does not include the acquisition of the YMCA parcel.
To accomplish this goal, the city's park dedication requirement must be increased by approximately 80
percent over current levels. Thus, the attached ordinance increases the basic park dedication requirements
from 10% to 18%, or in the alternative, one acre per 40 people, rather than one acre per 75 people. The
City has already set its park dedication fee at $3,500 per housing unit by separate ordinance. The
proposed land dedication change is intended to bring the land dedication requirement into consistency
with the fee.
The Planning Commission tabled a recommendation on the designation of the YMCA property as
parkland under the comprehensive plan to allow the group to first attend the YMCA workshop.
The Commission did recommend approval of the subdivision ordinance, believing that acquisition
of additional open space, whether it is the YMCA property or other area, is important to the future
of the community.
B. ALTERNATIVE ACTIONS
Decision 1: Subdivision Ordinance Amendment relating to Park Dedication
1. Motion to approve the amendment to the Subdivision Ordinance, raising the park dedication
requirements to incorporate the YMCA property or other similar natural area, based on a fmding
that the YMCA property, or other open space, would be an integral part ofthe City's park and
open space system, and that the proposed dedication requirement accounts for fair division of the
contribution to acquisition of said property from future development and existing development.
2. Motion to deny the amendment, based on a finding that the acquisition should not be funded by
park dedication contributions.
C. STAFF RECOMMENDATION
Staff recommends the amendment. Without the amendment, the City's park dedication land requirement
would not be consistent with the fee set by ordinance. Because the YMCA is considered an integral part
of the City's park system, it may be acquired with proceeds from the City's park dedication fund. The
land dedication amount has been set based on a future service population of approximately 30,000 people,
induding the current population of the City. As such, it is expected that taxpayer contributions to the
acquisition would be combined with park dedication funds at a ratio of approximately 1:2.
Please note that at the next City Council meeting, the Council will be asked to consider amending
the comprehensive plan by changing the YMCA area from "Open SpacelR-1A" to a "Park Use"
designation.
D. SUPPORTING DATA
A. Draft Ordinance Language
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Council Agenda: 4/24/06
City of Monticello, Minnesota
Wright County
Ordinance No.
AN ORDINANCE AMENDING SECTION 11-6-1 OF THE MONTICELLO CITY CODE,
KNOWN AS THE SUBDIVISION ORDINANCE, BY PROVIDING FOR AMENDED PARK
DEDICATION REQUIREMENTS.
The City Council of the City of Monticello hereby ordains:
Section 11-6-1 is hereby amended to read as follows:
11-6-1: DEDICATION REQUIREMENT:
(A) Pursuant to Minnesota Statutes 462.358, Subdivision 2, the City
Council of Monticello shall require all developers requesting
platting or replatting of land in the City of Monticello to
contribute an amount of land for public park and
trail purposes. The location of said land shall be at the discretion
of the City Council. The amount of said land shall be reasonably
commensurate with demand that the platting or replatting places on
the City park system, as described in the Comprehensive Plan. For
purposes of this section, an amount
of land equal to teft eighteen percent (~ (18%)of the total gross
land area of the plat shallbe presumptively defined as "reasonably
commensurate." In the event that the subdivider objects to the~
eighteen percent (10%) (18%) standard, the City shall, at the
developer's request and expense, conduct a specific dedication study
of the park system and the demand placed on the system by the
proposed plat. (Alt:For purposes of this Section, an amount of land
equal to one (1) acre for each ~ ~persons in the subdivision shall
be presumptively defined as "reasonably commensurate." To estimate
the population of the subdivision, a household size of 3.5 persons
per unit for single family homes and 2.5 persons per unit for
attached housing shall be used.] Prior to conducting the study, the
City shall obtain a waiver of statutory time lines for plat approval
during the conduct of the study. No approval of final plats, nor
construction of any improvements, shall occur until the park
dedication study is completed. In lieu of land dedication, the City
Council may require a cash contribution in accordance with Minnesota
Statutes, or a combination of both. The City Council's decision on
land and/or cash shall be made following recommendations from the
City's Park Commission and staff, in accordance with the
Comprehensive Plan. (#412, 8/23/04)
Section 2.
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Council Agenda: 4/24/06
This Ordinance shall take effect and be in full force from and after
its passage and publication.
, Mayor
ATTEST:
, Administrator
AYES:
NAYS:
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City Council Agenda - 4/24/06
17. Reconsideration of a reauest for a Concept StaQe Planned Unit Development
for a 114 unit residential proiect. Applicant: UP Development. (NAC)
A. REFERENCE AND BACKGROUND:
UP Development is seeking a Concept Stage PUD approval for two phases of a
development project on the former Ruff Auto property. The applicant has submitted a
revised concept plan for of the project, received April 20, 2006. Both phases are located on
sites that are zoned PZ-M, Performance Zone Mixed Use. Permitted uses and standards of
the R-3 Medium Density Residential are generally applied to the PZM district.
The intent of the PZM/PUD district is to encourage a creative and innovative design
approach to commercial and housing developments. The district provides flexibility from
standard controls to allow the creation of common open space, wetlands and recreational
facilities as well as mix of housing types and styles and commercial uses where feasible.
Due to the flexibility of performance standards, a PUD is required to be held to higher
standards of design and site amenities.
At the previous City Council meeting, the Council rejected the applicant's concept PUD plan,
based in part on concerns over parking in the project. The applicant revised the plan to
increase parking, although the parking as proposed has significantly reduced the area,
aesthetics, and utility of the open space in the project.
Comprehensive Plan: Monticello's Comprehensive Plan designates this area for
performance zoning of mixed uses.
Zonina: The subject site is zoned PZM, Performance Zoned Mixed Use District, which
allows for development flexibility and special design control within sensitive areas of the city
due to environmental or physica/limitations.
CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with
the understanding that the development will be held to higher standards of site and building
design than would ordinarily be required. It is the applicant's responsibility to design the
development with significant benefits and communicate those benefits to the City for
allowing a CUP/PUD.
PHASE I
The concept plan for Phase I has been modified to show 43 attached townhome units on a
6.8 acre site. The number of units has been reduced from 45 in the original plan. The
applicant has further modified the concept plan by removing an area of usable open space
and adding two parking bays.
Design Overview. 43 attached town home units are proposed on a 6.8 acre site, for a gross
density of 6.3 units per acre. The town homes are proposed through a mixture of six 4-unit
and seven 3-unit structures. The applicant has removed three units from the eastern side
of Street C. One of these units has been relocated to create a 4-unit structure on the north
side of 6 ~ Street. These two units have been eliminated in an effort to provide additional
guest parking.
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City Council Agenda - 4/24/06
Lot Requirements and Standards: The following table illustrates the applicable performance
requirements for the revised plan in the PZM/R-3 district:
R-3 Re uirements
5,000 s . ft./unit
30 feet
20 feet
30 feet
24,000 sq. ft.
Pro osed
5,815 s . ft./unit
25 feet
1 7 feet
25 feet
46,175 sq. ft.
The applicant will require flexibility from all setback requirements. The applicant is
proposing a front yard setback of 25 feet and a rear yard setback of 25 feet, both 5 feet
short of the minimum requirement. The applicant is also proposing a 17 foot side yard
setback, as opposed to the 20 foot requirement. The proposed variances may be
addressed through PUD.
Parking. The Ordinance requires two off-street parking spaces for each unit. Each unit has
a two-stall garage to satisfy this requirement. In addition, the City typically requires one
space of guest for every three townhome units. For Phase I, 15 guest parking stalls are
required. As noted previously, additional overflow parking to accommodate visitors is
commonly available either in driveways, on-street, or both.
The applicant has revised the plan to provide additional parking bays, at the request of the
City Council. Three units have been removed from the east side of Street C to provide a 6-
stall parking bay. One of these units has been relocated to create a 4-unit structure on the
north side of 6 Y:z Street. A second 6-stall parking bay has been located to the west of this
units, directly off 6 Y:z Street. The applicant has also retained the 5-stall parking bay located
in the southwest corner of the site for a total of 17guest parking stalls.
Locations of potential on-street guest parking have been identified, indicating space for a
minimum of 15 vehicles. Each unit also has the ability to provide one off-street parking stall
in the driveway.
Staff is concerned with the location of the parking bay adjacent to 6 Y:z Street, as this is a
pUblic street. Staff recommends that this bay be removed, as sufficient guest parking
appears to be provided both on-street and in driveways.
Open Space. In the revised plan presented by the developer, only one area of usable open
space has been provided. A second area of open space in the southeast corner of the site
has been removed to provide a drainage and utility easement.
The remaining open space is a 46,175 acre area located on the eastern portion of the site.
The total area of open space has been greatly reduced from the 84,000 square feet
proposed in the previous plan.
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City Council Agenda - 4/24/06
Staff is concerned with the location of this open space. The open space is located in an
area that only provides direct access to 12 of the 43 units. The remaining units have limited
views and must cross the street to physically access the space. Staff recommends that the
applicant remove a unit from Block 47 and remove the parking bay on the south side of the
open space. Doing so will open up the area to the units in the southeast corner of the site
and provided a larger open space.
PHASE II
Design Overview. The second phase of development is 14.48 acre site located in the
northwest quadrant of West ih Street and Elm Street. 26 attached and 28 detached
townhome units are proposed for this phase, as well as 17 single family lots. Gross density
in Phase II is 4.9 units per acre. Density in the combined project is 5.35 units per acre. The
applicant has redesigned Phase II by shifting Blocks 35 and 36 to the northern edge of the
section and removed two units. This has been done in an effort to create usable open
space.
The applicant has also relocated one of the detached townhome units from the south side of
6th Street to west side of Street A, in the center of the development. The detached units
have been modified by adding 15 foot wide driveways to each unit. These driveways will
serve as additional off-street parking.
A significant amount of additional guest parking has been provided on the west side of
Street A, adjacent to the central open space area.
Usable Open Space. The concept plan includes two areas of usable open space. The
larger of these two areas is a 1.22 acre space located in the center of the development,
surrounded by detached townhome units. This open space has been reduced by over
7,800 square feet from the previous concept plan. This is due to the relocation of one
detached unit and 9 additional off-street parking stalls. The applicant has also removed a
1.1 acre area of open space inn the southwest corner of the site, as this area will now be
covered by a drainage and utility easement. This open space area has been replaced by a
.33 acre space, located in the center of the attached townhomes. The total amount of
usable open space for Phase II of the development has been reduced from 108,900 to
67,518 square feet.
Lot Requirements and Setbacks.
The following table illustrates the applicable performance requirements for the Phase II
town home units in the PZM/R-3 district. Since the layout for each unit is slightly different,
the proposed setbacks reflect the minimum for the site.
R~3 Requirements Proposed
Lot Area Per Unit 5,000 sq. ft./unit 5,053 sq. ft.
Front Yard Setback 30 feet detached:25 feet
attached: 25 feet
Side Yard Setback 20 feet detached: 5 feet
attached: 8 feet
Rear Yard Setback 30 feet detached: 20 feet
attached: 25 feet
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City Council Agenda - 4/24/06
Usable Open Space (500 sq. ft. of 27,000 sq. ft. 67,518 sq. ft.
usable open space per dwelling unit)
The proposed site for the townhome units provides an adequate amount of lot area per unit.
However, the amount of usable open space has been greatly reduced from what was
previously proposed. Both the detached and attached townhome units require variance
from all setback requirements. The proposed variances may be addressed through PUD.
The applicant has addressed staff's concern regarding the front yard setbacks for the
detached units, and has added driveways to these units to create a more substantial
setback, as recommended by staff. However, by doing so the applicant has created an
issue for the side yard setback of unit 24. By shifting this unit back 20 feet, the applicant
has pushed the northeast corner of the lot into a proposed trail easement.
Parking. The applicant has submitted a concept plan, detailing locations of all proposed
parking stalls. The Ordinance requires two off-street parking spaces for each unit, as well
as one space of guest for every three townhome units. For the 54 units proposed, the
applicant is required to provide 18 guest parking spaces.
In response to City concerns, the applicant has provided additional off-street parking stalls
in the center of the development. One 15-stall parking bay is proposed near the detached
units, on the western edge of the open space. Nine stalls have been added to this parking
bay over the previous plan. Another 9-stall parking bay is proposed south of units 34 and
35 for a total of 24 guest parking spaces. The applicant has also indicated potential areas
for on-street parking, primarily along 6th Street and Street A, both 28-feet wide. Overall
parking has been increased to more than 5 spaces per unit, significantly higher than that
which has been required in other development. Based on previous experience in many
other projects (both in and outside of Monticello), this parking supply is well in excess of the
actual demand.
The applicant has also added 15-foot wide driveways for each of the detached units,
allowing one additional off-street parking space for each unit.
In summary, the applicant has revised the concept plan to provide additional off-street
parking for guests, as directed by the City Council. Modifying the plan to create additional
parking has resulted in a reduced amount of usable open space and created a need for
additional flexibility from setback requirements. Staff believes that the proposed number of
off-street parking stalls may be excessive, and that the net result is a project that would be
less desirable overall than the previous version. Staff believes that the amount of guest
parking provided in the previous application was more than sufficient, based on significant
experience with projects of this type.
The main issue for consideration is whether or not either Phase would meet the City's
requirements for PUD approval. Planned Unit Development allows for flexibility in
performance standards with the understanding that the development will be held to higher
standards of site and building design than would ordinarily be required.
\ 65
City Council Agenda - 4/24/06
B. ALTERNATIVE ACTIONS:
Decision 1: Concept Stage Planned Unit Development for UP Development
1. Motion to approve the Concept Stage PUD as proposed, based on a finding that the
revisions made to the plan reflect a superior project design and a suitable
development of the subject property.
2. Motion to deny the Concept Stage PUD as proposed, based on a finding that the
plan does not meet the zoning ordinance standard for PUD design.
C. STAFF RECOMMENDATION:
Staff believes that the changes, while they have increased the parking supply in the project,
have resulted in other changes that have reduced the quality of the site planning. The
increases to parking in this proposed project have increased the level of pavement and
impervious surface, and significantly reduced the amount of usable open space. It is the
addition of open space that most communities seek in consideration of PUD design. The
parking supply provided in the previous version of the plan would be more than adequate,
based on significant experience with projects of this type.
D. SUPPORTING DATA:
1. Site Plan
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Council Agenda: 4/24106
18. Consideration of authorization to prepare a letter of intent to enter property purchase
nellotiations with the YMCA and to authorize staff to work with Countv to prepare a
ioint powers allreement.
A. REFERENCE AND BACKGROUND:
The Bertram Lake Regional Park task force requests that the City Council consider authorizing
City and County staff to prepare documentation for submittal to the YMCA identifying joint
interest in purchasing the YMCA property. It is proposed that an agreement or letter of intent
be prepared that identifies this joint interest in negotiating in good faith for the purchase of the
property. The agreement would provide the City and County with exclusive rights to negotiate
for a limited period of time. It is our hope that the YMCA will respond positively to this
overture and would be willing to focus efforts to sell to the City/County.
Presuming that the City Council supports the concept above, on April 25th, the County Board of
Commissioners will be asked to consider joining the City in preparation and execution of the
letter of intent.
If the Council and County desire to proceed, the task force will be working with the City
Planner and an appraiser to develop the information necessary to establish a fair price for the
property. Once a recommendation on price is established, the task force will request a join
closed session of the County and City boards to review the recommendation and take formal
action. The recommendation will also include a plan for funding the purchase.
The task force is also asking that City staff receive authorization to work with County staff
toward the development of a joint powers agreement. Although the need for a joint powers
agreement is not immediate at this time, it could be useful to have it in place soon. Such an
agreement might be necessary to support financing, identify ownership, maintain facilities, and
establish rules of operation etc. Joint powers agreements currently in place between Wright
County and certain cities could provide a template for a City of MonticellolWright County joint
powers agreement.
B. ALTERNATIVE ACTIONS:
1. Motion to authorize staff to prepare and execute documentation supporting the City's
desire to enter into good faith negotiations to purchase the YMCA property and to
authorize exploration of the development of a joint powers agreement with Wright
County governing acquisition, use and maintenance of the future park.
2. Motion to deny said request
C. STAFF RECOMMENDATION:
The task force, and City and County staff support alternative 1. If the Council believes that
working jointly with the County toward acquisition of this resource is important to the long
term benefit of the City, then alternative 1 should be selected.
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