City Council Agenda Packet 11-28-2005
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AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday November 28, 2005 - 7 p.m.
NOTE: 6 P.M. CLOSED MEETING - PERFORMANCE EVALUATION
FOR CITY ADMINISTRATOR
Mayor:
Clint Herbst
Council Members:
Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stumpf.
I. Call to Order and Pledge of Allegiance.
2A. Approve minutes November 14,2005 regular Council meeting.
2B. Approve minutes of the November 14,2005 AUAR Review.
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3. IL ~onsideration of adding items to the agenda. ./ 1.1 d /'-- I +- Ie rh, f /.L.-' p-.z(lJ) ~\
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4. Citi,Beh' comI!i'e~, pe1'4ti~s, requests and complaints. d <). ~
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5. Consent agenda: '1/1/ 70 - c [~ ur W-e...-
A.
Consideration of approving hires and departures.
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Consideration of approval to open Redford Lane to traffic.
C. REMOVED FROM AGENDA
D. Consideration of approving Change Order #1 to Hillside Farms Storm Sewer Outlet,
City Project No. 2004-7C.
E. Consideration of approving transfer of on-sale intoxicating liquor and Sunday liquor
license to TDDC. LLC dba lala Penos.
F. Consideration of approving Supplemental Agreement #1 for CSAH 18/1-94
Interchange Project No. 2004-1C.
6.
Consideration of items removed from the consent agenda for discussion.
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7.
Public Hearing on the issuance of Revenue Notes - Monticello Ice Arena
8. Consideration of amendment #2 to the recreational agreement - Monticello Ice Arena
9.
Public Hearing _ Continued hearing on appeal of a variance for a secondary driveway in an
R-1 zoning district.
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Agenda
Monticello City Council
November 28, 2005
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Consideration of approving a conditional use permit for 896 sq. ft. detached accessory
structure in an R-l Zoning District. Applicant; Richard Bastien Central Masonry and
Concrete.
Consideration of a request for rezoning from AO to R-IA for the plat of Carlisle Village 4'h
Addition.
Consideration of amendment to the Monticello Zoning Ordinance regarding the regulation and
outdoor storage of commercial vehicles. Applicant: City of Monticello.
Consideration of request by Swan River Charter School for City payment for general public
use of playground.
Consideration of approving bills for November.
Adjourn
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MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday November 14, 2005 - 7 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent:
None
1. Call to Order and Pledl!:e of Allel!: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 October 24, 2005 rel!:ular Council meetinl!:.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 24, 2005
REGULAR COUNCIL MEETING WITH TYPOGRAPHICAL CORRECTIONS. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2B.
Approve minutes of the October 27. 2005 ioint meetinl!: with Police Commission..
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 27. 2005
JOINT MEETING WITH THE POLICE COMMISSION WITH A SPELLING
CORRECTION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
WITH BRIAN STUMPF ABSTAINING.
3.
Consideration of addinl!: items to the al!:enda.
The following items were added to the agenda: I) Discussion of letter from 1ME regarding
snow plowing; 2) Crosswalk on TH 25; 3) City Engineer; 4) Ordinance relating to outdoor
storage of vehicles; and 5) Update on Front Street riverbank erosion problem.
4. Citizen comments. netitions. reQuests and comnlaints.
Isabelle Olson from the Swan River Montessori School came before the Council to announce
that she would be on the agenda at the November 28, 2005 Council meeting regarding the
installation of the playground at the Swan River Charter School. She stated that they would
like the playground to be publie but the cost of insurance is prohibitive for them. They will be
asking that the City pick up the cost of insurance and some maintenance cost. City
Administrator, Riek Wolfsteller stated that according to the City's insurance carrier. the City
cannot insure what the City does not physically own.
5. Consent al!:enda:
A.
Consideration of approving hires and departures. Recommendation: Ratify the hires
and departures as identified.
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Consideration of appointment of election judges for special general election on
November 22, 2005. Recommendation: Appoint e!ectionjudges as follows to serve
for the 2005 General Election: Adair Alexander, Fred Anderson, Gregory Ashfeld,
Joan Brandon, Donna Brauch, Ron Broekmeier, Janet Bromberg, Lucille Clausen,
Edith Custer, Rosemary Dahl, Mary Daniels, Kristi DeMarais, Jan Doucette, Jamie
Fisher, Kaye Gauthier, Judy Holley, Jeanette Holt, Jan Irvine, Lori Kraemer, Wanda
Kraemer, Arlene McIntire, Judy Moody, Robert Nelson, Merrijo Nesland, Richard
Quick, Randy Smith, Rita Soltau, Patricia Sonju- Thielman, Opal Stokes, Sandy Suchy,
Diane Wefe! and Lorraine Wolff.
Consideration of a request for rezoning from AO (Agriculture Open Space) to R-IA
(Single Family Residential) Carlisle Village Fourth Addition. Applicant: Shadow
Creek Corporation. Recommendation: Approve the rezoning from A-O to R-lA for
Carlisle Village 4th Addition based on the finding that the rezoning meets the intent of
the City's Comprehensive Land Use Plan for the area.
Consideration of approving the 2006-2007 contract with Wright County for police
protection services. Recommendation: Approve the renewal of the 2006-2007
contract with Wright County for police protection services.
E.
Consideration of increasing the fees for weekend burials. Recommendation:
Approve a $25.00 increase in fees for weekend burials.
F. Consideration to ratify second amendment to license agreement between the HRA, the
City and Rocky Mountain Group. Recommendation: Approve ratifying the Second
Amendment and Third Amendment to the License Agreement between the HRA, the
City and Rocky Mtn Group LLC.
G. Consideration of accepting work and approving final payment for Storm Sewer Outlet
at Mcadow Oaks and 1-94 Watermain Crossing, City Project Nos. 2004-9C and
2004-10C. Recommendation: Accept the improvements and approve the final
payment of $22.672.42 to Volk Sewer & Water, lnc. Subject to receipt of the final
paperwork.
II. Consideration of approving tlnal plat Hillside Farms 3'" and 4th Addition.
Recommendation: I) Approve the final plat and development agreement for Hillside
Farms 3'd Addition with revisions of the plat document; 2) Approve the final plat and
development agreement for Hillside Farms 4th Addition subject to revisions of the plat
document.
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Consideration of authorizing submittal of draft AUAR for Heritage development.
Recommendation: Authorize submitting the Draft AUAR for the 30 day public
review and comment period.
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1.
REMOVED FROM THE AGENDA.
On item 5C Brian Stumpf questioned why the City was considering rezoning Carlisle Village
4th Addition without the 3'" Addition being finalized and vvith all the problems remaining
unresolved within the development. It was explained that this is a zoning issue on a plat that
is already approved. Brian Stumpf stated that at a previous meeting the Council had talked
about sending a message to the developer about getting problems resolved before allowing
further development and for that reason he felt this item should be pulled from the consent
agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM #5C. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED L~ANIMOUSL Y.
6. Consideration of items removed from the consent ae:enda for discussion.
#5C-Rezoning for Carlisle Village 4th Addition: Clint Herbst said with all of the development
pressure the City is facing if the problems relating to erosion control aren't taken care ofth
problem is only going to get worse. The developers have to take care of the problems they
have created during the course of their development.
BRIAN STUMPF MOVED TO DENY THE REQUEST FOR REZONING FROM AO TO
R-1A FOR CARLISLE VILLAGE FOURTH ADDITION UNTIL SUCH TIME AS THE
REMAINDER OF THE PROJECT IS CLEANED UP AND AT THAT POINT THE
REZONING CAN COME BACK TO THE COUNCIL FOR CONSlDERA TION.
After additional discussion on whether denying the rezoning because of other problems in the
development was the appropriate response, Brian Stumpf amended his motion.
BRIAN STUMPF MOVED TO TABLE THE REZONING REQUEST FROM AO TO R-1A
FOR CARLISLE VILLAGE 4rH ADDITION. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
In further discussion, Glen Posusta stated that stalfneeds to make the developer aware of the
Council's concerns and not bring anything else forward until these problems are rectified.
JefT O'Neill stated the staff is putting together a policy on erosion control. Clint
Herbst said if falls on the developer's shoulders if they want this to move forward. Glen
Posusta felt the City was not being vigilant in this area and he cited another development
where debris has been piled up for over a year.
7.
Public Hearine: on orooosed assessment and possible adoption of the assessment roll for
the 2005 Core Street Reconstruction. City Proiect No. 2005-1C.
Consulting Engineer, Bret Weiss gave a brief presentation on the project and the proposed
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assessment. He noted that the project area covered River Street from Chestnut Street to
Otter Creek Road and included improvements to Sandy Lane, Willow Street and Oak Street as
well. The project included street widening, reconstruction of the road surface, curb and gutter
and storm sewer installation. The final wear course has been placed and only some minor
restoration work remains.
The project cost came to $920,038.30. Of that cost $175,152.56 is proposed to be assessed to
the benefitting properties which comes to $2,871.35 per unit. Bret Weiss noted that this was
the first area in the core street program where new curb and gutter was installed as well as
storm sewer. Clint Herbst emphasized that this was an area that did not have curb and gutter
and storm sewer before this. It was felt that the cost for these new improvements was a
bargain. Bret Weiss added that since bonds were issued to cover the project, the City was
required to assess 20% of the cost.
Mayor Herbst opened the public hearing. No one spoke for or against the proposed
assessment. Mayor Herbst then closed the public hearing.
Bret Weiss stated that this was the third year of the core street reconstruction program and
throughout the three years Public Works staff has worked with the engineer, contractor and
residents to make the project go smoothly. He commended the work that Matt Theisen and
Tom Bose have done on the core street project.
GLEN POSUSTA MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CORE
STREET RECONSTRUCTION PROJECT NO. 2005-1 C AS PROPOSED USING THE 20%
ASSESSMENT RATE OF $2,871.35/ASSESSABLE UNIT. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED lJNANn10USLY.
Wayne Mayer stated that based on the comments of Bret Weiss, he would like to something
placed in the personnel file of Matt Theisen and Tom Bose to reflect the positive comments.
8. Public Hearin~ - Continued hearinl! on appeal of a variance for a secondarY drivewav in
an R-I zoninl! district.
TOM PERRAULT MOVED TO CONTINUE THE PUBLIC HEARING ON THE APPEAL
OF A VARIANCE FOR A SECONDARY DRIVEWAY IN AN R-l ZONING DISTRICT
UNTIL THE NEXT MEETING. BRIAN STUMPF SECONDED THE MOTION.
:VIOTION CARRIED UNANIMOUSLY.
9.
Consideration of approvinl! a conditional use permit for a 896 SQ. ft. detached accessorY
structure in an R-l Zoninl! District.. Applicant; Richard Bastien Central Masonrv and
Concrete.
TOM PERRAULT MOVED TO TABLE ACTION ON THE CONDITIONAL USE PERMIT
FOR RICHARD BASTIEN CENTRAL MASONRY AND CONCRETE UNTIL THE TIME
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A SURVEY IS PROVIDED, REVIEWED AND A RECOMMENDATION ON THE
CONDITIONAL USE PERMIT CAN BE MADE, WAYNE MAYER SECONDED THE
MOTION, MOTION CARRIED UNANIMOUSLY.
10. Consideration of a request to obtain an option for purchase of city owned Darcel of land
on Cedar Street - Visicom (Bruce Hammond).
City Administrator, Rick Wolfsteller provided background on thc proposed sale of the City
owned five acre parcel at the northeast corner of Cedar Street and Dundas Road, The City
originally acquired this property through tax forfeiture. The City has not actively marketed
this parcel as they felt they should hold on to it until they know how the property around it
will develop. Mr. Hammond has expressed an interest in the parcel for the purpose of
constructing some type of strip mall. The Council must determine if they want to sell the
parcel and if they are interested in entering into an option agreement with Mr. Hammond.
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Rick Wolfsteller stated thcre is a lot of interest by developers in the TH 25 area, Clint Herbst
statcd the City's parcel is a piece of a larger overall area and he didn't know if the City should
take this piecc out of the puzzle. Glen Posusta added that there was a mecting held with the
property owner to the north of the site. He was looking at developing the property into a
number of smaller commercial lots. Wayne Mayer said until that property owner declares
what he is going to do with his property, the City should hold off on any marketing of the
property. Wayne Mayer added that he didn't like thc idea of tying up the property for just
$1,000. Bruce Hammond responded that the $1,000 is just to start the next step which would
be to get an appraisal of the property.
Mr. Hammond stated they looked at the five acre site on Cedar Street because it was
equivalent in size to the site they are working with in Albertville. Clint Herbst said he would
still like to see a general plan of how the whole area would develop. Bruce Hammond stated
there was a contingency in the option agreement that if the City receive another offer he has
30 days to match it.
Glen Posusta brought up the value of the land as he thought the City Administrator's
estimate S; 1,000,000 plus was on the low side. He agreed with the Mayor that the City should
see how the area around develops and he suggested that the Rick Wolfsteller do some further
analysis of the property or possibly get an appraisal done. Brian Stumpf felt because the
development activity in the area the land value would be changing constantly and he didn't
think an appraisal at this timc would be appropriate unless the City was ready to sell now,
Clint Herbst felt based on the use of the land Mr. Hammond was proposing that there were
other sites better suited than this five acre parcel.
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The consensus of the Council was that the City should hold onto this site until it was known
how the area around it will develop. Bruce Hammond suggested the City Attorney look at
how thc option agreement was written to see ifthc agrcement gives the City enough flexibility
and added that option agreement was just a prelude to a purchase agreement. It was also
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noted that there would be an assessment on this property. Wayne Mayer stated that if Mr.
Hammond wanted to get an appraisal on the property that did not requirc the property be tied
up with an option agreement. Mr. Hammond stated that ifthere wcre other sites that would be
suitable he would likc to get information on those sites.
WAYNE MAYER MOVED TO NOT ENTER INTO AN OPTION AGREEMENT AT THIS
TIME. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH
GLEN POSUSTA VOTING IN OPPOSITION.
A representative from the Wright County Sheriffs Department was present to answer any
questions if the Council had any. There were no questions for the officer.
The Council took a short recess and then reconvened at 8:05 p.m.. Because Mr. Hammond
was present, the Council moved up the agenda item relating to the sale of the lot on River
Street.
12.
Consideration of process for sellin!! city owned residential lot - River Terrace Addition.
City Administrator, Rick Wolfsteller provided background on this item noting it was similar
to the previous item in that Mr. Hammond was requesting an option agreement on a parcel of
City owned land. In this case the parcel was a residential lot across the strcet from Mr.
Hammond's property. The City had originally acquired the property for storm water ponding
purposes. With the installation of storm sewer under thc 2005 Core Street Projcct. the lot
was no longer needed for that purpose. The City Administrator had gotten price estimates
from three realtors which established a price range from $44,900 to $75,000 for the lot. The
City Administrator felt that the $57,000-$62,000 was a realistic range but added that if the
City wanted to spend the time marketing the lot they may get a higher price.
The City could look at a number of options on the sale of the land. They could sell the land
by bid; they could list the property with a realtor or they could consider Mr. Hammond's
option. Mr. Hammond stated that if the City could determine the sale price for the lot the
option agreement would not be needed and he would go directly to a purchase agreement. He
added that his home is currently being appraised so that should give him an idea on the value
of the land.
Brian Stumpf stated he didn't have any concerns about selling the lot but he did want
something in the agreemcnt specifying what is constructed on the lot and the time frame for
construction to take place. Glen Posusta agreed but felt to be fair to all the City should
advertize the property for sale. He suggested a sale price of ~70,000 with a provision that a
home would have to be constructed on the site within one year of closing.
GLEN POSUSTA MOVED TO ADVERTISE THE LOT FOR SALE AND TO ESTABLISH
$70.000 AS THE MINIMUM PRICE FOR THE LOT WITH CONSTRUCTION OF A
HOME ON THE SITE TAKING PLACE WITHIN ONE YEAR. TOM PERRAULT
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SECONDED THE MOnON. MOTION CARRIED UNANIMOUSLY.
Bruce Hammond commented on the construction on River Street complimenting Tom Bose
on doing a good job of communicating with residents and he also complimented Buffalo
Bituminous, the contractor on the job, for the good job they had done.
11. Consideration of amendments to Durehase a!!:reement for sale of Dronertv to Mike
Krutzi!!: - Jefferson Commons.
City Administrator, Rick Wolfsteller, stated this item was similar to the two previous items.
The Council had agreed to sell a 2.78 acre parcel in the Jefferson Commons development
which included a provision that construction was to occur within a specified time frame.
Mr. Kmtiz did not meet the 180 day requirement for closing nor has he provided any
development plans but Mr. Krutzig has indicated that he nceds to close on the property
shortly in order to meet the deadline for a 1031 tax exchange process. The Council was asked
whether they want to proceed with the closing or make modifications to the agreement.
The Council discussed when the agreement had been signed and what date the 18 months
should be calculated from. Rick Wolfsteller stated although the agreement was initially given
to the City in November. the City did an addendum which took awhile and it was not signed
until March 2005. The City has a similar situation with Kingbay agreement and it was noted
that it is diflicult for developer to close on a property if they don't have a tenant lined up.
Glen Posusta said his concern with the original agreement with Krutzig was that the City had
another party who would commit (0 building within six months which the City didn't accept
and now the City has nothing. Glen Posusta said if this moves forward the City must make
sure Mr. Krutzig understands that by June 1, 2006 something has to happen.
After discussion it was recommended that the March 6th date be used for calculation of the 18
months.
BRIAN STUMPF MOVED TO AUTHORIZE THE CITY ATTORNEY TO PREP ARE AN
AMENDMENT TO THE PURCHASE AGREEMENT TO EXTEND THE CLOSING DATE
TO NOVEMBER 30, 2005 AND THE DATE THAT CONSTRUCTION ON THE SITE
MUST COMMENCE TO SEPTEMBER 9, 2006. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
13.
Consideration of a request for snow removal from Dublie sidewalk on Chelsea Road
from Sandber!!: Road to TH 25.
It was notcd (hat Ron ChillOS, General Rental had requested snow removal from the sidewalk
area John Simola will be prcparing a proposal that will be considered at the next Council
mceting.
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Consideration of authorizinl!: to advertise for the Street Superintendent position from
within existinl!: staff of emplovees.
This mattcr had been discussed by the Personnel Committee.
BRIAN STUMPF MOVED TO AUTHORIZE CITY STAFF TO ADVERTISE FOR THE
POSITlON OF STREET SUPERINTENDENT WITHIN THE EXISTING CITY
WORKFORCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
15. Consideration of a reouest for a conditional use permit for a detached accessory
structure in an R-4 residential district. Applicant: Kiellberl!:'s Inc.
City staff did not receive any additional information on this item.
BRIAN STUMPF MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE
PERMIT FOR A DETACHED ACCESSORY STRUCTURE IN AN R-4 RESIDENTIAL
DISTRICT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
CNANIMOUSLY.
16.
Consideration of approval of final plat - Carlisle Villal!:e Third Addition.
At the last Council meeting, the Council tabled action on the final plat for this 9 lot
development becausc of problems relating to erosion control elscwhcre in the devclopmcnt.
The dcvelopcr was notified of the problems and while some itcms were corrected some remain
unresolved. leffO'Neill said the staff has prepared a process for enforcing erosion control
procedures. He added that this area has heavy clay soils and thc heavy rains the arca
expcrienced compounded the crosion problems. The erosion problems are both builder
related and developer related. Glen Posusta suggested that if the City has to spend cxtra time
enforcing thc erosion control measures, this time and expcnse should be calculated in the
reconciliation of the developer's deposits. leffO'Neill said the new policy does include a re-
inspection fee. He stated that even if the Council approves the plat, the City would not let
construction occur this late in thc year as a many contractors will not warranty work put in late
in the year. Wayne Maycr asked what the ramifications were for the City ifthe contractor
does not warrant the work.
GLEN POSUTA MOVED TO APPROVE THE CARLISLE VILLAGE 3RD ADDITION
FINAL PLAT SUBJECT TO THE CONDITlONS FOR BUILDING PERMIT, EROSION
CONTROL AND STREET AND CURB REPAIR AS NOTED IN THE STAFF REPORT
AND TO APPROVE THE DEVELOPMENT AGREEMENT FOR CARLISLE VILLAGE
3RD ADDITION. BRIAN STUMPF SECONDED THE MOTI01\. MOTION CARRIED
UNANIMOUSLY.
StatTwill make surc that no building permits are issucd until the erosion problems arc rectified..
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Consideration of approvinl! final plat and development al!reement - Emerald Heil!hts.
Jeff O'Neill provided background information on the 26 unit townhome development. As part
of the development of this site, the developer will be taking down the trees on the site and
removing 90,000+ yards of compacted soil. The lowering and reshaping of the hill will have a
dramatic effect on this site. There are several other issues that also need to be addressed
including the landscaping plan, the retaining walls and Fenning Avenue. It was noted park
dedication funds generated from this plat will be used to construct pathways in the Water Tower
Park.
The practice has been to have the developer fund the cost of upgrading/reconstructing roads
as development takes place. It is proposed that Emerald Heights share of the cost to upgrade
Fenning A venue would be approximately 541,211. The developcr is requesting that this amount
be assessed against the existing lots at the time the road is actually reconstructed. The City
prefers not to assess the individual homeowners as there is a greater likelihood of the assessment
being challenged.
Brian Stumpf stated that the names on the site plan do not conform with the County's grid
system. Hc cited the similarity between Stone ledge Court in the Emerald Heights plat and
Stoneridge in another development which is why he felt the County's grid system needcd to be
followcd. Jon Bogart stated that the private streets will be renamed 156th Street and 157'h Street
which complies with the County's grid system and has been approved by Gary Anderson the
building official.
Jon Bogart also addressed the amount offill material being rcmoved stating that the 90,000
cubic yard figure was for compacted soil on site. When the material is removed and loaded onto
trucks it is no longer compacted so the figure for the hauled material was higher. Jon Bogart
stated they had met with staff on Wednesday and were trying to incorporate the changes that
were recommended. The developer is agreeable to installing two turn lanes or whatcver the
City determines is required.
Skip Sorenson discussed the retaining wall and landscaping plan and presented a drawing
showing what the finished site will look like whcn it is landscaped. The developer is trying to
cover at least 30% of the rctaining wall with landscaping. In addition the developer is putting
approximately $4,000 a lot for landscaping on the individual lot plus another $3,500 per lot for
irrigation. The developer is also covering the cost of landscaping for the outlots and common
area estimated at $89,000. He noted that it would take approximately three years for the
landscaping to mature. The developer is also placing a colored chain link fence on the retaining
wall in the back yards of the homeowner as a safety feature. J:'v1E and Fyle's Excavating will be
doing the work on the retaining walls. Glen Posusta felt the landscaping was going to be an
important aspect to this development noting that the public perception will likely be unfavorable
to the drastic change to the site unless they can see that the landscaping modifies the change.
For that reason he recommended increasing the size and number of trees on the site.
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Brian Stumpf said he had talked to Dick Frie, Planning Commission Chair and Mr. Frie felt this
was a significant change from what was presented to the Planning Commission and felt this
should have come back beforc the Planning Commission.
Glen Posusta asked where the elevation of the entrance on Fenning Avenue will be in relation to
Fenning Avenue. Bret Weiss indicated it would be about a 10% slope from Fenning Avenue up
the driveway. Glen Posusta felt that this was a good project and with a good landscaping plan
he didn't feel the public would have a problem with it.
Brian Stumpf felt in addition to good landscaping plan be required, the City should also require
the developer to pay the reconstruction fee for Fenning A venue. Clint Herbst stated that this is a
redevelopment project and in most other redevelopment projects the City has offered TIF or
other assistance. He didn't feel the City should assess for a project unless the work was done.
Since Fenning Avenue is thc only access for this development. unlike the Hillcrest and Spirit
Hills developmcnts which have alternate accesses, the development directly benefits from any
improvement to the road and for that reason the developer should pick up that cost.
Glen Posusta asked about the taxable value of the project. Skip Sorenson indictaed that the
taxable value would be about $12,000,000. The individual units would sell between $300,000
and $450,000 and the floor plans for the units can be customized.
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Brian Stumpf askcd about the second entrance to Fenning Avenue. He felt the second entrance
created a safety issue. Bret Weiss said the second entrance was located where it was because of
traffic safety. A right turn lane was planned for the second driveway so that vehicles turning
into the entrance would be out of the way of vehicles coming over the hill.
The location of the retaining walls were reviewed. In working with the developer's engineer,
the retaining wall, except for one, have been relocated outside the easement area. The one
retaining wall is in an easement area where no utilities are located.. Wayne Mayer asked is
there was any1hing in the design that would impede fiber optic installation.
Wayne Mayer asked that it be pointed out where the pathway connection would be to the
Water Tower Parle The pathway would be along the side of the SOUtll cui-dc-sac road. Wayne
Mayer asked how the pathway would linc up with elevation as far as the Water Tower Park.
Jon Bogart said he met with Parks Superintendent, Adam Hawkinson to layout a pathway. Jon
Bogart said the intent is to make the trail access to the park handicap accessible. Glen Posusta
felt even with the change to the Monte Club Hill the Water Tower Park would still provide a
good viewing area.
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GLE;,\) POSUST A MOVED TO APPROVE THE FTI\fAL PLAT AND ASSOCIATED
FINANCE PLAN FOR THE EMERALD HEIGHTS DEVELOPMENT AND TO AUTHORIZE
PLACEMENT or SIGNATURES ON THE PLAT SUBJECT TO THE COMPLETION OF
ITEMS IDENTIFIED IN EXHIBIT Z.
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Brian Stumpf asked that Glen Posusta amend his motion to add that the streets in the
development are named according to the County's grid system.
GLEN POSUST A AMENDED HIS MOTION TO ADD THAT THE STREET NAMES IN
THE EMERALD HEIGHTS DEVELOPMENT CONFORM TO THE COUNTY'S GRID
SYSTEM. MOTION DIED FOR A LACK OF SECOND.
WA YNE MAYER MOVED TO TABLE ACTION ON THE FINAL PLAT OF EMERALD
HEIGHTS UNTIL THE ITEMS LISTED ON EXHIBIT Z WERE COMPLETED. TOM
PERRl\ULT SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST
VOTING IN OPPOSITION.
18. Consideration to install all-wav stop sil!.ns at the intersection of School Boulevard and
Cedar Street.
BRIAN STUMPF MOVED TO AUTHORIZE CITY CREWS TO INSTALL ALL-WA Y STOP
SIGNS AT SCHOOL BOULEVARD AND CEDAR STREET INCLUDING ADVANCED
STOP AHEAD SIGNS. GLEN POSUSTA SECONDED THE MOTION.
Brian Stumpf stated he felt the four way stop was a good idea at this point as traffic doesn't
warrant a signal. Bret Weiss said they would like to talk further with MnDOT but at some point
MnDOT will require that signal. The traffic signal does allow thc traffic to move through the
intersection more smoothly. 'I' om Perrault askcd about the time frame for construction of a
signal and was told it was 4-6 months. John Simola asked that Brian Stumpf amend his motion
to add placement of "Traffic Change Ahead" signs.
BRIAr', STUMPF AMENDED HIS MOTION TO ADD THAT THE CITY PLACE TRAFFIC
CHANGE AHEAD SIGNS. GLEN POSUST A SECONDED THE AMENDED MOTION.
MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE HE
FELT TIlE CITY SHOULD BE GOING WITH A SIGNAL AT THIS INTERSECTION.
Added Items:
Snowplowing: The Council had received a letter from JME regarding snow plowing service. They
provide backup service to the City. They would like the City to consider expanding that service. Brian
Stumpf suggested that the City look at using JME in some of the area such as cuI-dc-sacs in residcntial
developments. Clint Herbst felt with the continued growth of the City and the need to purchase
additional equipment this an option the City could look at further.
Crosswalk 011 TH 25:The Council received a letter requesting a crosswalk be installed on TII 25
somewhere between 7th Street and Broadway. The existing crosswalk is located by Hillside Cemetcry.
Bret Weiss statcd hc would check further but indicated that MnDOT does not favor putting in another
crosswalk. Wayne Mayer felt the traffic is backed up enough on TH 25 and he didn't think a crosswalk
would help the situation.
II
\~
Council Minutes: 11/14/05
.
City Engineer: Glen Posusta noted that on the bill from the consulting engineer there were a nwnber of
smaller items that he felt could be handled by the city engineer. He was concerned that even though the
City has added an engineer to staff it hasn't rcduced the amount offees paid to the consulting engineer.
The Council requested that the staff update the Council on what projects the City Engineer is working
on.
Ordinance Parking o/vehicles in residential districts: Glen Posusta noted that thc ordinance was
discussed by the Council some time ago and he wanted to know where the City Attorney was on the
ordinance. Tome Scott stated that the current document was discussed with staff and the idea was to
expand the portion dealing with recreational vehicles. The plan is to come up with additional language
and then bring it back to the Planning Commission and City council. Glen Posusta suggested that
instead of expanding the definitions of the ordinance they look at allowing race cars as long as they are
stored in an enclosed trailer. He also questioned why it was necessary to bring the ordinance back to
the Planning Commission. Tom Scott stated that he was under the understanding that the Council
wantcd them 10 look at the ordinance covering recreational vehicles bcsides race cars. Brian Stwnpf
felt that language relating to enclosed trailers might create problems sincc some of the cnclosed trailers
could run up to forty feet and residents could complain that they are unsightly.
Glen Posusta asked if thc Council could vote on the ordinance amendment as it stands now. Tom Scott
said sincc the public hearing has bcen conducted, the Council could vote on the ordinance.
. GLEN POSUST A MOVED TO APPROVE THE ORDINANCE AMENDING RELATING TO
PARKING OF VEHICLES IN RESIDENTIAL DISTRICT AMENDING CHAPTERS 2. 3 AND 6 OF
THE MONTICELLO ZONING ORDINANCE. CLINT HERBST SECONDED THE MOTION.
Brian Stumpf said that since therc were a numbcr of people who had spoken on this ordinance he
didn't fecl it was fair to vote on it without giving tbem a cbance to speak. Glen Posusta statcd that they
bave bad sufflcient opportunity to speak to the ordinance. Wayne Ylayer said there is a lot of confusion
as to wbat is and is not going to be allowed as outside storage. He too felt the residents should have
anothcr opportunity to respond. Brian Stumpf was also concerncd about the vaguencss of thc ordinance
language.
lJPON VOTE BEING TAKEN THE MOTION FAILED.
Staff was directed to have ordinance amendment on tbe ncxt agenda.
Front Street Riverbank Erosion Problem: Bruce Westby had updated the Council on tbe action taken
on thc problem thus far. The property owner had received a copy of the cost estimate and plans and
was reviewing them witb her attorney. The Council indicated tbat they were a little dismayed that tbe
property owner bad not talked to them directly about tbe problem. It was noted that the property owner
was seeking assistance from the Wrigbt County Soils & Water Conservation District to resolve the
problem.
.
City Administrator Review: Clint Herbst suggested tbat the Council set a specialmceting for 6 p.m. on
12
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.
.
Council Minutes: 11114/05
November 28, 2005 to conduct the performance rcview for the City Administrator.
19. Consideration of aoorovine: bills for November.
Wayne Mayer asked if staff could provide a list of all the maintenance agreements the City has
for various equipment.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
20. Consideration of counteroffer on A VR relocation (Closed meetine: with City Attornev to
discuss oendine: litie:ation relatine: to A VR condemnation)
The Council went into closed session at this time to discuss pending litigation relating to the
A VR condemnation.
21. Adiourn
Upon cnding the closcd session at 10:45 p.m. the Council mceting was adjourncd.
Recording Sccretary
13
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.
.
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, November 14, 2005 - 4:30 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent:
None
Others Present:
Dick Frie, Planning Commission Chair, Rod Dragsten and Sandy Suchy,
Planning Commission members;
Deputy City Administrator Jeff O'Neill explained the purpose of the meeting citing the draft AUAR
was the culmination of many hours of work by staff, consultants and representatives from the
developer.
Andrea Moffatt from WSB and Associates then proceeded with the review of the draft AUAR
(Alternative Urban Areawide Review). Because ofthe size of the proposed Jefferson at Monticello
Development an environmental study was required. The City could have done either an EA W or
an AUAR. The AUAR process seemed to work the best for the project. The AUAR was ordered in
August and at the November 14, 2005 Council meeting, the Council will be asked to authorize
distribution ofthe AUAR to approximately 25 agencies for a 30 day review and comment period.
Once comments are received the City responds to the comments. Unlike an EA W, the AUAR
document is actually revised and sent out for another 10 day review period.
The AUAR does not outline costs but rather states what has to happen. In the executive summary
of the draft AUAR a number of areas of interest were listed which Andrea Moffatt briefly reviewed.
Fish and Wildlife: Because of past uses, i.e. farming, golf course, etc. wildlife activity has
been somewhat restricted on the site. Andrea Moffatt noted the corridor of wildlife travel
which is along the ditch north of the golf course, through the golf course and in the field east of
the golf course.
Water Supply: Trunk water mains as well as sanitary sewer lines will need to be extended
along County Road 39 and through the development. Consulting engineer, Bret Weiss
explained the proposed alignment for the trunk lines to serve this area.
Sanitary Sewer: It was noted that trunk lines will be extended and expansion ofthe lift station
will also be required. It is anticipated that the City's wastewater treatment plan can
accommodate the development. The City is currently working on an option to handle disposal
of the biosolids generated in the wastewater treatment process.
Storm Water Management: Based on the proposed uses a storm water model has been
developed for the site. The ponding areas and wetland areas were identified. Storm water
runoff will be to Otter Creek.
Traffic: The traffic analysis shows that the TH 25 corridor will not be adequate to handle the
anticipated traffic. Improvements that the City may undertake to relieve this problem would
1
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.
include the extension of7'h Street from CSAH 39 to CSAH 18; new interchange at 1-94 and
CSAH 18; extension of Chelsea Road from 90th Street to connect with CSAH 39; Fallon
Avenue overpass and an interchange at 1-94 and Orchard Road. Bret Weiss said at this time
the City has had conversations with the federal, state and county highway departments on some
of these transportation issues.
Clint Herbst asked who was paying for the AUAR and it was indicated that the developer was
paying the cost of the study and any updates to the AUAR would also be the responsibility of
the developers.
The developer talked about the commercial use that would be included in the development. The
commercial activity would be more of a neighborhood activity and is not intended to pull in
traffic from the freeway. The freeway traffic would be directed to TH 25 corridor.
The AUAR is intended to find out what the environmental impact is because of the
development and how the impact can be mitigated. Andrea Moffatt noted that because the City
has planned well for their infrastructure needs it has put then in a good position as far as being
able to carry through on some of the mitigation proposals.
.
Dick Frie stated that Otter Creek is very important to the Country Club and asked what impact
the development would have on Otter Creek. Mike Moriarity said storm water runoff will be
treated on site and what runoff is discharged to Otter Creek will be of good quality. Dick Frie
asked if there were any changes to the phasing plan for the development. Mike Moriarity
indicated that the phasing plan remains the same and any changes would come back before the
Planning Commission. Dan Lemm asked about water backing up into the township. Bret
Weiss stated the ponding area will be large enough to take care of the runoff water.
Based on traffic volume the noise would be over the allowed standards but it would not be cost
effective to construct noise walls and MnDOT does not pay for noise walls.
The meeting closed at 6:30 p.m.
Recording Secretary
.
2
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.
.
Council Agenda - 11/28/05
5A.
Consideration of approvim! new hires and departures for MCC. (R W )
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at the MCC 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 of the employees as identified on the attached list.
C. SUPPORTING DATA:
Lists of new employees.
\~
. NEW EMPLOYEES
Name Title Department Hire Date Class
Williams, Angeia Slide Attendant MCC 11/1/2005 Part Time
Coulthart, Brent Climbing Wall Allen MCC 10/24/2005 Part Time
Jenson, Joseph Climbing Wall Allen MCC 10/27/2005 Part Time
Van Dorp, Jordan Lifeguard MCC 10/31/2005 Part Time
.
TERMINATING EMPLOYEES
Name
Reason
Department
Last Day
Class
.
employee councillist.xls: 11/15/2005
S\\-\C\
.
Council Agenda: I II28/05
5B.
Consideration of approval to open Redford Lane to traffic. (BW)
A. REFERENCE AND BACKGROUND:
The following recommendation from City staff pertains to opening the newly
constructed portion of Redford Lane and its intersection \vith School Boulevard.
Redford Lane previously terminated at a cul-de-sac west of Hayward Court. As
part of City Project #2005-02C, Redford Lane was extended to intersect with the
newly constructed extension of School Boulevard west of Deegan A venue. In
order for school busses to pick students up on Redford Lane it must be opened to
traffic between Hayward Court and School Boulevard, which will rcquire that the
City maintain Redford Lane and its intersection with School Boulevard.
School Boulevard will continue to remain closed to traftic between Deegan
Avenue and Redford Lane throughout the winter.
B. AL TERNA TIVE ACTIONS:
.
I. Motion to accept the recommendation of statl to open Redford Lane to
traffic.
2.
Motion to deny the recommendation of staff to open Redford Lane to
traffic.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Engineer and the Public Works Director that
Redford Lane be opened to traffic.
D. SUPPORTING DATA:
.
None.
Page] of I
dO
.
.
.
50.
Council Agenda: 11/28/05
Approve Chanl!e Order No.1 for the Hillside Farms Storm Sewer Outlet (City of
Monticello Proiect No. 2004-07C) (WSB)
A. REFERENCE AND BACKGROUND:
B.
This item involves a change in construction requirements ofthe outlet pipe connecting
the storm sewer ponds in the Hillside Farms development to the regional pond within the
Rolling Woods development.
During the construction, the City experienced a number of substantial consecutive rainfall
events, which raised the water level of the Hillside Farms pond to a point in which
construction ofthe outlet was not possible. Due to the height of the water ofthe Hillside
Farms pond, it became necessary for the contractor to drain the pond by means of a
pump. This item was not included in the original scope of work because the pond had
been pumped prior to construction by the developer.
The contractor has submitted a payment request of $ 4,211.19, which covers the rental
cost of the pump, not labor and fuel costs. Initially, the engineering opinion was that
there were delays in the field due to contractor error, which would have prevented the
need for pumping. The contractor feels this is a justified expense due to the delays in the
project from the time of bidding to the Council's approval to proceed. In an effort to
resolve this issue, we are recommending that the City reimburse the contractor for half of
the cost of the pump rental, or $ 2,105.60.
While this change increased the cost of the project, the overall construction costs will be
below the awarded contract amount due to planned street and utility removals, which
were avoided during construction. The project is complete and the storm sewer pipe is
functioning as planned.
ALTERNATIVE ACTIONS:
1. Approve Change Order No. I in the amount of $ 2,105.60 for Schluender
Construction, Inc.
C. ST AFF RECOMMENDATION:
It is the recommendation of the City Administrator that Change Order No.1 in the
amount of $ 2, I 05 .60 be approved for payment.
D. SUPPORTING DATA:
Copy of Change Order No. I
Letter from WSB & Associates, Inc.
(Will be available at meeting)
0\
F:'(./("":"}'(''''''''/f'IlK"I_'1!1I5 ('ollllciIAX"lIlld.\'''''-lli-Oj',j("('O IIN/.lid" /-""""",\"'",m S"',",-".I./,,(
.
.
A
WSB
---
& Associates, inc
!nira:::t'-lJf',tur:, I t.il9ineGn"~g I f-':"rm!r:g I ;_>)W~i::'ur::i[;,:
701 X8'1ia A.venue South
Suite 300
Minneapolis, Mr,J 554Hi
Tel 763-54H8DO
Fax: 763-541-1700
November 23, 2005
Mr. Rick Wolfsteller. City Administrator
City of Monticcllo
50S Walnut Street. Suite 1
Monticello, MN 55362
Attn: Dawn Grossinger, Deputy City Clerk
Re: Changc Order ]\io, 1
Hillside Farms Storm Sewer Outlet
City of Monticello Project No, 2004-07C
WSB Project No, 1488-43
Dear Ml'. W olfsteller:
Please find enclosed Change Order 1\0, I for the above-referenced project for your review and
approval. The increase to the original contract amount is $2,105,60, resulting in a new contract
lotal of $J64,562,3(), This change ordcr amount will he included with thc next construction pay
vouchcr processed, We hereby recommend that thc City of Monticello approve Change Order
No, I for Schluender Construction, 1nc.
11' you have any questions regarding the above, please do not hesitate to contact me at 763-287-
8313.
Sincerely,
Associates, Inc.
Phillip A, Elkin, PE
Project Manager
Enclosures
cc: Robert Scblucndcr, ScblucncJer Construction, lnc.
pe/kw
'":\\VPH",I(\\j.JS.'i-h\/1N.R,"'iw',;Cr;,1Clr_lllflO_\.d",
PJlinneapolis I St Clolld
Eql.'al OpportuniD/ Emplo'{er
.
.
Change Order No.1 Detail
HILLSIDE FARMS STORM SEWER OUTLET
CITY OF MONTICELLO. MN
WSB PROJECT NUMBER 1488-43
DELETED ITEMS
Item No. Description
TOTAL DECREASE CHANGE ORDER NO.1
ADDED ITEMS
Item No. Description
2105.601 Added excavation, de-watering, and misc.
TOTAL INCREASE CHANGE ORDER NO.1
ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT
Qty
Dty
Unit
Unit
LS
Price
Price
$2.105.60
October 31, 200S
Extended Amount
$0.00
$0.00
Extended Amount
$2,105.60
$2,105.60
$2,105.60
F:',WPWIM1488"43iEXCELiClJange Order 1.)(ls
.
.
.
Council Agenda - 11/28/05
5E.
Consideration of transfer of on-sale intoxicatinl! and Sunday liQuor license for Jala
Pen os. (R W)
A. REFERENCE AND BACKGROUND:
Jala Penos has been purchased by TDDC, LLC and they are requesting that the on-sale
intoxicating liquor and Sunday liquor license be transferred in their name.
B. ALTERNATIVE ACTIONS:
1. Approve the transfer of the off sale non-intoxicating liquor license for 530 Cedar
Street to TDDC, LLC dba Jala Penos contingent upon payment of fees and
submittal of certificate of liquor liability insurance.
2. Not to approve the transfer of the license.
C. STAFF RECOMMENDATION:
It is recommended that the license be transferred to TDDC, LLC dba Jala Penos.
D.
SUPPORTING DATA:
Application
.;ld-
.
Minnesota Department of Public Safety
Alcohol and Gamhling Enforcement Division (AGED)
444 Cedar Street, Suite J33, S1. Paul, MN 55]0]-5]33
Telephone 65] -296-6979 Fax 65] -297-5259 TTV 65] -282-6555
Alr,uh,l&. (;~",bl",~ r,M""""",,"
Certification of an On Sale Liquor License. 3.2%. LiQuorlicensc. or Sunday Liquor License
Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor
jicense types: 1) City issued on sale intoxicating and Sunday liquor licenses
2) City and County issued 3.2% 011 and off sale malt liquor licenses
Name of City or County Issuing Ljgu . icense \\\ o.'\. \\ C-e. \ \-0 License Period From: i I 1.j,)../0<:., To: ~ LA >('> { SO ZLxD("
Circle One: New License ~ense Trans~ r lJ 0.. I.~-A e SeV"\.: 0 r Suspension Revocation Cancel
-_,______~ (forlner licensee name) (Give dales)
/,.........--.... ,...._-.__.._-'~............... -"~"----
(OuS,,]e Intoxicating ~'~~nday Liq;;or) 3.2% On sale
----------- "-~---------
Fee(s): On Sale License fee:$ Sunday License fee: $_ 3.2% On Sale fee: $_3.2% Off Sale fee: $_
Licensee Name: ! (:)'0 c.. L, L- . C . DaB Social Security #
(coivoratiol1, partnership, ~C, or Individual)
Business Trade Name~\(A ~-i''0-0 S Business Address 53'0 Wo.' S-\-
Zip Code fD N County wr, 'jlt\ \ Business Phone 7 b 3 - if "15 - to SS 0 Home Phone
Home Address City Licensee's MN Tax ID #
Licensee's Federal'Tax ID #Jd ::> ~ d 001 l 8" 3 0
.If above named Ii,censee is a corporation, partnership, or LLC, complete the following for each partner/officer:
'\:)sO~-CA. <Sv..e Uo'>C i-<;5-le'5 '--\.15-'6'6'-10'1<;1 \10qo-\",~1hS"SG;'
Partner/Officer Name (First Middle Last) DOB Social Security # Home Address
------.- .
EtJ-"'N (){'A.f+
(Palt er/Officer Name (First Middle Last)
License type: (circle all that apply)
3.2% OffSa]e
City \1\\)/,- ~Ce. \ \ 0
Xlllll (, t..f
(?:>'f)
(PI'{ t~,;
]):;8
I~^; ~t!)J&J (LBtRl-JIft
BomeAddress MN ~
. ~--'5d<,
Partner/Officer Name (First Middle Last)
DOB
Social Security #
Home Address
Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate
must contain all of the following:
]) Sho\\' the exact licensee name (corporation, partnership, LLC, etc) and business address as shovm on the license.
2) Cover completely the license period set by the local city or county licensing authority as shown on the license.
Circle One: (Y es~ During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law?
'J'.,'orkers Compensation Insurance is also required by all licensees: Please complete the follo\ving:
Workers Compensation Insurance Company Name:st-c.1- f' ~.....~ ""~ 1000 Policy # ~. ~ : "" -
6
1 Cel1ify that this licensees) has been approved in an official meeting by the governing body of the city or county.
City Clerk or County Auditor Signature Date
(tit]e)
On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the
application for the Buyers Card, please call 651-215-6209, or visit our website at WWW.dlls.slatc.J1In.us.
. (Fonn 90It-2004)
5C - 9- 3
.
SF.
Approve Supplemental Al!:reement No.1 for the CSAH 18/1-94 Interchanl!:e Proiect
(Citv Proiect No. 2004-1C) (WSB)
A. REFERENCE AND BACKGROUND:
.
The following supplemental agreement items are described below:
1. Revised Completion Date for Storm Water Outlet Construction: The Special
Provisions S-23.2 and S-24.6 provide for the complete construction of Pond 5 on
or before November 30,2005. The Contractor has chosen to stockpile all of the
concrete to be crushed in one location to better facilitate that operation. This does
impact the pond construction, but does not affect the drainage system negatively.
The verbiage in the supplemental agreement is updated to allow more land for the
crushing operation and maintaining the required storm water outlet construction
with a revised completion date. We are recommending this extension in the spirit
of cooperation.
2.
Revised Completion Date for Complete Installation and Testinl!: of Water
Main: The Special Provisions S-23.2 and S-24.6 provide for the complete
installation and testing of water main on or before December I, 2005. The
Contractor has requested a change in the construction sequence to allow Chelsea
Road to remain open to traffic for the winter of 2005. The verbiage is updated to
allow for the construction of the new water main in two phases.
B. ALTERNATIVE ACTIONS:
I. Approve Supplemental Agreement No.1 with revised provisions for Special
Provisions S-23.2 and S-24.6.
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative NO.1.
D. SUPPORTING DATA:
.
Supplemental Agreement No. 1
.;) \..(
C:',n.Jc~",c"I,' mId Selllnlt.,Ir1n""_gr{~"ingd,L"cal Se!lingx',Tomrxmjry !menwr FildOLK3'iACN rTM-CSAH!~SAI-1118(jj do"
MNIDOT TP-02134-04(2199)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT NO.1
Supp. To Contract No.
Page 1 of 3
TRACTOR;
R L Larson Excavating, Inc.
ADDRESS: 2255 - 1th Street SE
St. Cloud, MN 56304
GROUP NO.
APPR.
FEDERAL PROJECT NO.
NA
LOCATION OF WORK
CSAH 18 at 1-94 in Monticello, Wri ht Count
STATE PROJECT NO.
S.P. 8680-138
AMOUNT
AMOUNT
GROUP NO.
APPR.
AMOUNT
GROUP NO.
APPR.
DATE ENCUMBERED ORIGINAL ENCUMBRANCE:
BY:
Individual signing certifies that funds have been encumbered as
re uired b Minn. Stat. 16A.15 $ ENCUMBERED TO DATE:
This Contract is between the State of Minnesota, acting through its Commissioner of Transportation, and Contractor as follows:
WHEREAS:
WHEREAS:
WHEREAS:
.
WHEREAS:
WHEREAS:
.
SA TOTAL
The Contract provides for, among other things, grading, bridge construction, stonn sewer, aggregate base, bituminous surfacing,
bituminous shoulders, concrete curb and gutter, and turf establishment; and
The Special Provision 8-23.2 provides that:
"All work required under this Contract, except maintenance work and Final Clean Up shall be completed on or before the dates listed
below.
A
and
B
Complete Pond 5;, Drainage System Structure No. 5603 to Structure No. 5600;
Drainage System Structure No. 5508 to Structure No. 5500; Drainage System
Structure No. 5509 to Structure No. 5506
Com lete installation and testin of water main
December I, 2005
November 30, 2005
The Contractor has requested a modification to the Special Provision S~23.2 as follows:
"All work required under this Contract, except maintenance work and Final Clean Up shall be completed on or before the dates listed
below.
A
B
BI
Complete Pond 5 construction to adequately allow for storm water management
from the abutting parcel east of the project site; Drainage System Structure No. 5603
to Structure No. 5600; Drainage System Structure No. 5508 to Structure No. 5500;
Draina eStern Structure No. 5509 to Structure No. 5506
Com lete installation and testin of water main north of Chelsea Road
Com lete installation and testin of water main
December 1, 2005
Ma 30, 2006
and
November 30, 2005
The Special Provision S-24.6 provides that:
Liquidated Damages will be assessed in accordance with the provisions of Mn/DOT 1807, except that in lieu of charges shown in the
Schedule of Deductions the State will deduct from any monies due or coming due to the Contractor an amount as specified below per
Calendar Day for failure to complete all the work under the Contract in the time specified therefore, until that work is, in all things,
completed to the satisfaction of the Engineer.
and
A
Complete Pond 5; Drainage System Structure No. 5603 to Structure No. 5600;
Drainage System Structure No. 5508 to Structure No. 5500; Drainage System
Structure No. 5509 to Structure No. 5506
Com lete installation and testin of water main
Provisions of Mn/DOT
1807.1 using original
total contact value
$500/ Da
B
The Contractor has requested a modification for the Special Provision S~24.6 as follows:
Liquidated Damages will be assessed in accordance with the provisions of Mn/DOT 1807, except that in lieu of charges shown in the
Schedule of Deductions the State will deduct from any monies due or coming due to the Contractor an amount as specified below per
Calendar Day for failure to complete all the work under the Contract in the time specified therefore, until that work is, in all things,
completed to the satisfaction of the Engineer.
A
Complete Pond 5 construction to adequately allow for stann water management
from the abutting parcel east of the project site; Drainage System Structure No. 5603
to Structure No. 5600; Drainage System Structure No. 5508 to Structure No. 5500;
Draina e S stem Structure No. 5509 to Structure No. 5506
Com lete installation and testin of water main north of Chelsea Road
Com lete installation and testin of water main
Provisions of Mn/DOT
t 807.1 using original
total contact value
and
B
BI
$500/Da
$500/ Da
C:\Documents and Settings\dawn.grossinger\Local Settings\Temporary Internet
Files\OLK3\SA TP~02134-04 l.doc
5)=-';;5
Page 2 of 3
MN/DOT TP-02134-04(2/99)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT NO.1
Supp. To Contract No.
.EAS:
During construction of the project, the unsuitable material uncovered at the A VR site is being stockpiled on site for processing and the
area required for processing was greater than originally estimated; and
WHEREAS:
Material for the construction of the water main was not readily available because of limited supplies; and
WHEREAS:
The Engineer has determined that the Contractor is entitled to a modification to the Special Provisions S-23 .2, S-24.6 as requested.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1. The Contractor shall complete the Contract as modified above.
2. All other work will be completed in accordance with the original contract documents and completion schedule.
3. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which
he may hereafter incur in performing the work and furnishing and installing the materials required by this Agreement.
4. Any additional costs associated with the construction of the incomplete construction of Pond 5 on or before November 30, 2005 shall be bome by
the Contract at no additional cost to the City, County or Mn/DOT.
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ESTIMATE OF COST
Increase Items
Schedule A
Item No.
Item Deseri tion
Units
Quanti
Unit Price
Amount
Net Contract Increase in Items
$0
[temNo.
Decrease Items
Item Descri tion
Units
Quantit
Unit Price
Amount
Net Contract Decrease in Items
$0
TOTAL CONTRACT INCREASE AMOUNT
$0
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C:\Documents and Settings\dawn.grossinger\Local Settings\Temporary Internet
Files\OLK3\SA TP402134-Q4 l.doc
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Project Engineer Monticello City Engineer
Dated: Dated:
Contractor Mn/DOT DSAE Approval
Dated: Dated:
Page 3 of 3
MN/DOT TP-02134-04(2/99)
STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION
SUPPLEMENTAL AGREEMENT NO.1
Supp. To Contract No.
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Council Agenda: 11/28/05
7.
Public Hearinl! on the issuance of Revenue Notes - Monticello Ice Arena
A. REFERENCE AND BACKGROUND:
Attached is the information relating to the public hearing on the issuance ofrevenue notes for
the Monticello Ice Arena. Julie Eddington from Kennedy and Graven will be present to
answer questions from the Council.
B. SUPPORTING DATA:
Letter
Resolution
d.'6
:)C{
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470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
&
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
CHARTERED
November 22, 2005
Mr. Rick Wolfsteller
City Administrator
City of Monticello
505 W alnut Ave.. Suite I
Monticello, MN 55362-8822
VIA E-MAIL
Re: $1,380,000
City of Monticello, Minnesota
Revenue Note (Community Ice Arena Project), Series 2006A
$490,000
City of Monticcllo. Minnesota
Revenue Nore (Community Ice Arena Project), Series 2006B
. Dear Rick,
Enclosed please find the note resolution (the "Resolution") proposed to be considered by the City
Council (the "City Council") of the City of Monticello (the "City") at its regularly scheduled meeting on
Monday, November 28, 2005, in connection with the above-referenced note issucs (the "Notes"). The
Rcsolution approves the issuance, delivery, and sale of the Notes in an aggregate principal amount not to
exceed $1,870,000 and approves the form of the Notes and related documents. A brief explanation of the
financing follo\vs.
The Notes are proposed to be issued pursuant to a Loan Agreement, dated on or after
January 1,2006 (the "Loan Agreement"), between the City and Monticello Youth Hockey Association,
Inc., (the "Borrower"). The proceeds derived from the sale of the Notcs are proposed to be loancd by the
City to Borrower pursuant to the terms of the Loan Agreement. The Borrower will apply the proceeds of
the loan made pursuant to the Loan Agreement to finance the acquisition, construction, and equipping of
the 425 seat ice arena located on land leased from Independent School District No. 882 (the "School
District") at 302 Washington Street in the City (the "Project"). The Project was originally acquired,
constructed, and equipped with proceeds derived from a short-term construction loan obtained from a
bank. If the City Council adopts the Resolution, thc proceeds of the Notes will be applied to refinance the
sholi-term construction loan.
.
It is proposed that the Notes will be purchased by First National Bank of Elk River (the
"Purchaser"). The payment of the principal of and interest on the Notes will be secured by a MOIigage
and Security Agreement, dated on or after January I, 2006 (the "Mortgage"), from the Borrower to the
Purchaser, and consented to by the City and the School District and an Assignment of the Loan
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Agreement, dated on or after January I 2006 (the "Assignment of Loan Agreement"), from the City to the
Purchaser,
The Notes will bc issued pursuant to Minnesota Statutes, Sections 469.152 through 469.1651, as
amended, which authorizes the City to issue revenue obligations to finance or refinance the acquisition,
construction, and equipping of a revenue producing enterprise. The Notes will be speciaL limited
obligations of the City secured solely hy the revenues expressly pledged to the payment of the Notes
under the terms of the Loan Agreement and Mortgage. The Notes will not be a general or moral
obligation of the City and will not be secured by or payable from any assets, revenues, or other property
of the City and willuot be secured by or payable from any revenues derived from any application of the
taxing powcrs of the City.
Pursuant to Minnesota Statutes, Section 469.154, Subdivision 4 and Section 1 47(f) of the Internal
Revenue Code of 1986, as amended, a public hearing with respect to the Project and the issuance ofthe
Notcs is required prior to consideration of the Resolution.
Please contact me if you have any questions regarding the Notes or this financing.
KENNEDY & GRAVEN, CHARTERED
Julie Eddington
i\ft\190-112 (JAL:)
27\436,,_1
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THE CITY OF MONTICELLO, MINNESOTA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTICELLO,
MINNESOTA (THE "CITY") AUTHORIZING THE ISSUANCE, SALE, AND
DELIVERY OF THE CITY'S REVENUE NOTE (ICE ARENA PROJECT)
SERIES 200M AND REVENUE NOTE (ICE ARENA PROJECT) SERIES 2006B,
WHICH NOTES AND THE INTEREST AND ANY PREMIUM THEREON
SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO;
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT AND AN ASSIGNMENT OF LOAN
AGREEMENT, AND CONSENT TO A MORTGAGE AND SECURITY
AGREEMENT; AND APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE NOTES
WHEREAS, the City of Monticello, Minnesota (the "City") is a statutory city duly organized and
existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Sections 469,152-469.1651, as amended (the "Act"), the City is authorized to carry
out the public purposes described therein and contemplated thereby by issuing its Notes to finance or
refinance the cost of the acquisition, renovation, construction, improving and equipping of certain revenue
producing facilities to be located within its corporate boundaries, and is authorized to enter into revenue
agreements made in connection there\;vith and pledge those agreements as security for the payment of the
principal of and interest on any such Notes; and
WHEREAS, Monticello Youth Hockey Program, Inc., a Minnesota nonprofit corporation (the
"Borrower") has proposed that the City issue its Revenue Note (lce A,'ena Project), Series 2006A (the
"Series 2006A Note) and its Revenue Note (lee Arena Project), Series 2006B (the "Series 2006B Note,"
and collectively with the Series 2006A Note, the "Notes") in an original principal amount not to exceed
$1.870,000 and loan the procccds derived from the sale of the Notes to the Borrower to finance the costs
of construction, acquisition and equipping of a 425-seat ice arena facility, located at 302 \Vashillgton
Street in the City (the "ProjecC): and
WHEREAS, the Notes are proposed to be purchased by First National Bank of Elk River (the
"Lender") and the proceeds derived from the sale of the Notes will be loaned to the Borrower pursuant to
the terms of a Loan Agreement, dated on or after January I, 2006 (the "Loan Agreement") between the City
and the Borrower: and
WHEREAS, the payment of the principal of, preminm, if any, and interest on the Notes will be
secured by: (i) the revenues derived from the Loan Agreement to be assigned to the Lender pursuant to the
terms of the Assignment of Loan Agreement, dated on or aner January 1, 2006 (the "Assignmcllf'), from
the City to the Lender: (ii) thc Mortgage and Security Agreement, dated on or after January I, 2006 (the
3\
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"'Mortgage"), executed by the [3orrO\vcr to convey its leasehold interests in the Project to the Lender and
consentcd to by thc School District and thc City: and (iii) celtain othcr security granted by the Borrower;
and
WHEREAS, the principal and interest on said Notes shall be payable solely from the revenues
pledged therefor and the Notes shall not constitute a general or moral obligation or a debt of the City
yvithin the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary
liability of the City or a charge against its general credit or taxing powers and shall not constitute a
charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's
interest in the Project; and
WHEREAS, the City has been requested to authorize the execution of a consent to the Mortgage
(the "Consent to Mortgage") in order to permit the Borrower to deliver the leasehold Mortgage as
security for the Borrower's obligations pursuant to the Loan Agreement and the Notes; and
WHEREAS, pursuant to Section 469,154, subdivision 4, of the Act, prior to submitting an
application to the Minnesota Depaltment of Employment and Economic Development for approval of the
Project, the City Council of the City (the "City Council") must conduct a public hearing on the proposal
to undertake and finance the Project and notice of the time and place of the hearing, stating the general
nature of the Project and an estimate of the principal amount of the Notes to be issued to finance the
Project must be published at least once not less than fourteen (14) days, nor more than thirty (30) days
prior to the date fixed for the hearing in the official newspaper and a newspaper of general circulation of
the City; and
WHEREAS, Section I 47(t') of the lnternal Revenue Code of 1986, as amended (the "Code"), and
regulations promulgated thereunder, requires that prior to the issuance of the Notes, this City Council
approve the Notes after conducting a public hearing thereon preceded by publication of a notice of public
hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of
general circulation at least fourteen (14) days prior to the public hearing date: and
WHEREAS, pursuant to the Act and the Code, a notice of public hearing was published in the
Monlicello Times on Thursday, November 10,2005; and
NOW, THEREFORE, BE IT RESOLVED BY THE C1TY COUNCil OF THE CITY OF
MONTICELLO, MINNESOTA, AS FOllOWS:
I, For the purposes set fGlih above, there are hereby authorized the issuance, sale, and
delivery oC the Notes in a principal amount of $1 ,870,000, The Notes shall be numbered, shall be dated,
shall bear interest. shall mature, shall be subject to redemption prior to maturity, shall bc in such form,
and shall have such other details and provisions as arc prescribed as arc prescribed in the form of the
Notes now on file with the City and in the form of the Loan Agreement no" on file with the City (or as
amended in accordance with the terms of this Resolution),
2, The Notes shall be special obligations of the City payable solely from the revenues
provided pursuant to the Loan Agreement and other funds and revenues pledged pursuant 10 the Loan
Agreement. The City Council of the City hereby authorizes the Mayor and the City Administrator of the
2
3d
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City (together, the "Officials") in their discrction, at such time (if any) as they Illay deem appropriate, to
execute and deliver the Notes, the Loan Agreement. and the Assignment of Loan Agreement. 'fhe Notes,
the Loan Agreement and the Assignment of Loan Agreement shall be substantially ill the form on file
with the City, with slIch variations, omissions and insertions thereto as the OH'icials, in their discretion,
may determine, as evidenced by their execution thereof
3. The Officials are hereby authorized to execute and deliver the Consent to Mortgage. The
Consent to Mortgage shall be substantially in the form on file with the City, with such omissions and
insertions as do not materially change the substance thereof, or as the Officials, in their discretion, shall
determine, and the execution thereof by the Officials shall be conclusive evidence of such determination.
4. The Notes shall be special limited obligations ofthe City payable by the City solely from
the revenues derived by the City from the Loan Agreement, assigned to the Lender pursuant to the
Assignment and the M0l1gage.
.
5. The Officials are hereby authorized to execute and deliver, on behalf of the City. such
other documents, instruments, and cCltificates as are necessary or appropriate in connection \\/ith the
issuance, sale, and delivery of the Notes, including the City's Certificate, the City's Tax Certificate, the
Information Return for Tax-Exempt Private Activity Bond [ssues, and all other documents, instruments,
and certificates as shall be necessary and appropriate in connection with the issuance. sale, and delivery of
the Notes. The City hereby authorizes Kennedy & Graven. ChaJiered, as bond counsel, of the City, to
prepare, execute, and deliver its approving legal opinion \vith respect to the Notes.
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6. All covenants, stipulations, obligations, and agreements of the City contained in this
resolution and the aforementioned documents shall be deemed to be the covenants, stipulations,
obligations, and agreements of the City to the full extent authorized or permitted by law, and a[1 such
covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise
provided in this resolution, all rights. powers, and privileges confelTed and duties and liabilities imposed
upon the City or the City Council by the provisions of this resolution or of the aforementioned documents
shall be exercised or performed by the City or by such members of the City Council, or such officers,
board, body or agency thereof as may be required or authorized by law to exercise such powers and to
perform such duties.
No covenant. stipulation, obligation or agreement herein contained or contained in the
aforementioned doclIments shall be deemed to be a covenant, stipulation, obligation or agreement of any
member of the City Council, or any officer, agent or employee of the City in that person's individual
capacity, and neither the City Council nor any officer or employee executing the Notes shall be liable
personally on the Notes or be subject to any personal liability or accountability by reason of the issuance
thereof.
.
No provision, covenant or agi'ecl11ent contained in the aforementioned docl/Illents, the Notes or in
any other document relating to the Notes. and IlO obligation therein or herein imposed upon tile City or the
breach thereof, shall constitute or give rise 10 311.Y peclIniar,y liability of the City or any charge upon its
general credit or taxing powers. In making the agreements, provisions. covenants and representations set
forth in such documents. the City has not obligated itself to payor remit any funds or revenues, other than
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funds and revenues derived f)'OIll the Loan Agreement and M0l1gage which arc to be applied to the payment
of the Notes, as provided therein and in the Loan Agreement.
7. The Notes, whcn executed and delivered, shall contain a recital that they are issued
pursuant to the Act, and such recital shall be conclusive cvidence of the validity of the Notes and the
regularity of the issuance thercof, and that all acts, conditions, and things required by the laws of the State
of Minnesota relating to the adoption of this resolution, to the issuance of the Notes, and to the execution
of the aforementioned documents to happen, exist and be performed precedent to the execution of the
arorcmentioned documents have happened, exist and have been pcrformed as so required by law.
8. In the evcnt that for any reason the Mayor ofthe City is unable to carry out the execution
of any of the doeumenls or other acts provided herein, any other member of the City Council of the City
shall be authorized to act in his capacity and undertake such exccution or acts on behalf of the City with
full force and effect, which executions or acts shall be valid and binding on the City. Iffor any reason the
City Administrator of the City is unable to execute and deliver the documents referred to in this
Resolution, such documents may be executed by a member of the City Councilor the City Clerk with the
same force and effect as if such documents were executed and delivered by the City Administrator of the
City.
9. As requested by the Borrower, the City hereby designates the Notes as "qualified tax-
exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the "Code"), and makes the following factual statements and representations: (i) the
reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are
not qualified 501(c)(3) Bonds) that will be issued by the City (and all subordinate entities of the City)
during calendar year 2006 will not exceed $10,000,000: and (ii) nOI more than $10,000,000 of obligations
issued by the City during calendar year 2006 have been designated for purposes of Section 265(b)(3) of
the Code.
10. The Lender is hereby appointed as Paying Agent and Bond Registrar for the Notes.
11. The Borrower will pay the administrative fees of the City and pay, or upon demand,
reimburse the City for payment of, any and all costs incurred by the City (including reasonable attorney's
fees) in connection with the Project and the issuance ofthe Notes, whether or not the Notes are issued.
12.
of the City.
This resolution shall be effective fi'om and after the date of adoption by the City Council
(Remainder of this page is intentionally left blank.)
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2005
AUOPTI:D by the City COllllcil o\'the City of Monticello, Minnesota, this 28th day of November,
THE CITY OF MONTICELLO, MINNESOTA
Clint Herbst, Mayor
Attest:
Rick Wolfsteller, City Administrator
MN1911-112 (.1M:)
260g92 vI
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Council Agenda: 11128/05
8.
Consideration of amendment #2 to the recreational al!reement - Monticello Ice Arena.
(RW)
A. REFERENCE AND BACKGROUND:
As part ofthe permanent financing arrangement the Monticello Youth Hockey Association is
obtaining for the ice arena project, some changes to the language in the recreational agreement
are necessary to indicate that the Hockey Association may be using bank for the financing of
their project. In addition, the amendment also clarifies that the MYHA may not mortgage its
leasehold interest in the property.
Since the City of Monticello is one of the parties to this recreational agreement, the City is
asked to approve this amendment and provide the appropriate signature on the document. The
changes in amendment #2 have no affect for any of the provisions applicable to the City of
Monticello, it is only affecting the school district's terms and conditions.
B. ALTEfu~ATIVE ACTIONS:
1. Approve the amendment #2 to the recreational agreement between the school, city and
MYHA as proposed.
.
c.
STAFF RECOMMENDATION:
Since the amendment has no affect on any provisions applicable to the City of Monticello
within this agreement, there is no reason not to approve this amendment.
D. SUPPORTING DATA:
Copy of proposed amendment #2 to the recreational agreement..
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AMENDMENT NO.2 TO
RECREATION AGREEMENT
THIS AMENDMENT NO.2 (the "Amendment") is made as of this _ of
2005, by and between the Independent School District No. 882 (the "District"), the City of
Monticello (the "City"), and the Monticello Youth Program, Inc., a Minnesota non-profit
corporation (doing business as Monticello Youth Program and Monticello Youth Hockey
Program, Inc.) ("MYHA")
RECITALS
A. The District, the City, and MYRA are parties to that certain Recreation
Agreement dated July 1, 2004, and amended by the Amendment No. 1 to Recreation Agreement,
dated June 7, 2005 ("the Recreation Agreement), relating to the Monticello Ice Arena
constructed and located at 302 Washington Street, Monticello, Minnesota (the "Arena"); and
B. The parties have agreed to amend a certain term of the Recreation Agreement as
set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged by each ofthe parties, it is agreed as follows:
1. Recitals.
Amendment.
The above recitals are true and correct and constitute a part of this
2. Terms. All capitalized terms used herein shall have the meaning ascribed
to them in the Recreation Agreement unless otherwise specifically defined herein.
3. AmeRBmeHt.Amendments.
(a) Article VI. Section 2(b) of the Recreation Al'reement is hereby amended to Drovide
as follows:
Pay. on behalf of MYRA. semi-annnal Davments sent directlv to Bremer
~~~e~d~;tional Association or any snccessor first leasehold mortl'a!!e lender
"1 "). suhiect to the nrovisions herein. necessarv to nrovide for total
~oavments of the snms dne nnder the Constrnction Loan and any snccessor
an as and when dne. The District's oblil'ations to fnnd the Constrnction
Loan shall be in the maximnm amonnt of $100.000 annnallv commendn!!
~~: ~~~ C:o~t~tiO~ of t~e Arena.. For Dnrnoses of this Sect~on. the le~der or
e n dlnp Interim financlnp and nermanent financlnp follow.up the
~~t~;itv of the Constrnction Loan are snccessor first leasehold mort!!al'e
lenders.
M Article VIII, Section 3 of the Recreation Agreement is hereby amended to provide as
follows:
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Unless otherwise authorized by this Agreement, MYRA may not mortgage its
leasehold interests in the Leased Premises, any fixtures, furnishings, equipment
or other personal property in or upon the Leased Premises obtained Dursuant to
the Ground Lease. dated Januarv 20. 2004. between the District. as landlord.
and MYHA. as tenant. as amended bv the Amendment No. 1 to Ground
I.ease. dated June 7. 2005 or offer it as collateral for any debt, with the exception
of the ice-surfacing machinery. MYRA is specifically allowed to mortgage its
leasehold interests in the Leased Premises to secure the Bremer Loan (for
construction financing), interim financing with First National Bank of Elk River
or another lender to replace the Bremer Loan, and permanent financing with First
National Bank of Elk River or another lender to replace the interim financing.
4. Governing Law.
parties hereto shall be construed
Minnesota.
This Amendment and the rights and obligations of the
and enforced in accordance with the laws of the State of
5. Entire Agreement: Amendment. The Recreation Agreement, as amended by
this Amendment, reflects the full and complete agreement of the parties hereto and supersedes
any and all previous agreements, oral or written. This Amendment may be amended only by a
writing signed by all parties.
6.
Time of the Essence. Time shall be of the essence for this Amendment.
7. Construction. Each party hereto hereby acknowledges that all parties hereto
participated equally in drafting of this Amendment and that, accordingly, no court constructing
this Amendment shall construe it more stringently against one party than another.
8. Counterparts. This Amendment may be signed in any number of counterparts
each of which shall be deemed to be an original and all of which taken together shall constitute
one and the same instrument.
[Remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day and year first above written.
MONTICELLO YOUTH HOCKEY PROGRAM,
INC.
By:
Its:
INDEPENDENT SCHOOL DISTRICT NO. 882
By:
Its:
CITY OF MONTICELLO, MINNESOTA
By:
Its:
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10.
Council Agenda: 11/28/05
Consideration of approvine a conditional use permit for 896 SQ. ft. detached accessory
structure in an R-1 Zonine District. Applicant: Richard Bastien Central Masonrv
and Concrete.
A. REFERENCE AND BACKGROUND:
As noted in the staff report for the previous item, a site survey is forthcoming from
the applicant. Staff will review and provide a report for the next regular Council
meeting. Therefore, staff request that the City Council continue this item until the
next meeting.
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Council Agenda: 11/28/05
9.
Public Hearin!!: _ Continued Hearin!!: on Appeal of a Variance for a Secondarv Drivewav
in an R-l Zonin!!: District. (JO)
A. REFERENCE AND BACKGROUND:
At the request ofthe applicant, staffis asking once again to continue this item to the next
meeting of the Council. The site survey has been completed but as of November 23,2005,
staff was not yet in receipt of the survey. It is staffs understanding after speaking with the
applicant that a copy of the survey will be available for final review and report in relationship
to both the CUP and variance prior to the next regular Council meeting.
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Council Agenda: 11/28/05
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11.
Consideration of a reauest for rezonin!! from AO to R-l A for the plat of Carlisle
ViIla!!e 4'h. (10)
A.
REFERENCE AND BACKGROUND:
At the previous meeting of the City CounciL the Council tabled action due to concerns over
erosion control in the subdivision. These concerns, though valid, are better off enforced via
other mechanisms at our disposaL
City Council is considering this item due to a minor flaw in the rezoning process relating to
legal descriptions used to identify the area for rezoning.. It is a housekeeping matter that is
intended to clean-up the record.
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Why is this action requested with the plat already approved, a development agreement in
place and construction of utilities supporting the housing development underway? It is
simply to elean up the record. The precise legal description of the 80 acre plat area reviewcd
for rezoning by the Planning Commission with the original application was not found to bc
inaccurate. It did not complctely match the area identitied on the plat. However, the good
news is that the public hearing notice that was sent was correct and was based on the area
intended to be under consideration for rezoning. Thus, everyone that wanted input on the
original rezoning request, was provided adequate noticc .
The process is now being eleaned up by providing the precise legal description of the area
proposed for rezoning. According to Steve Grittman, due to the fact that provisions of the
public hearing requirement have been met and because of commitment to platting,
development agreement and infrastructure development are in place, this correction could
have also been handled administratively.
B. ALTERNATIVE ACTIONS:
I. Motion to approve a requcst for rezoning from AO to R-I A for the plat of Carlisle
Village 4'h
C. STAFF RECOMMENDATION:
This is truly a housekeeping matter with no other alternative but to approve.
D. SUPPORTING DATA:
(Exhibits from previous item last CC meeting)
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Council Minutes: 11114/05
J.
REMOVED FROM THE AGENDA.
On item 5C Brian Stumpf questioned why the City was considering rezoning Carlisle Village
4'h Addition without the 3cd Addition being finalized and with all the problems remaining
unresolved within the development. It was explained that this is a zoning issue on a plat that
is already approved. Brian Stumpf stated that at a previous meeting the Council had talked
about sending a message to the developer about getting problems resolved before allowing
further development and for that reason he felt this item should be pulled from the consent
agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM #5C. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Consideration of items removed from the consent al!enda for discussion.
#5C-Rezoning for Carlisle Village 4th Addition: Clint Herbst said with all of the development
pressure the City is facing if the problems relating to erosion control aren't taken care ofth
problem is only going to get worse. The developers have to take care of the problems they
have created during the course of their development.
BRIAN STUMPF MOVED TO DENY THE REQUEST FOR REZONING FROM AO TO
R-IA FOR CARLISLE VILLAGE FOURTH ADDITION UNTIL SUCH TIME AS THE
REMAINDER OF THE PROJECT IS CLEANED UP AND AT THAT POINT THE
REZONING CAN COME BACK TO THE COUNCIL FOR CONSIDERATION.
After additional discussion on whether denying the rezoning because of other problems in the
development was the appropriate response, Brian Stumpf amended his motion.
BRIAN STUMPF MOVED TO TABLE THE REZONING REQUEST FROM AO TO R-IA
FOR CARLISLE VILLAGE 4TH ADDITION. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
In further discussion, Glen Posusta stated that staff needs to make the developer aware of the
Council's concerns and not bring anything else forward until these problems are rcctified.
Jeti' O'Neill stated the staff is putting together a policy on erosion control. Clint
Herbst said if falls on the developer's shoulders if they want this to move forward. Glen
Posusta felt the City was not being vigilant in this area and he cited another development
where debris has been piled up for over a year.
7.
Public Hearinl! on proposed assessment and possible adoption of the assessment roll for
the 2005 Core Street Reconstruction. City Proiect No. 2005-1C.
Consulting Engineer, Bret Weiss gave a brief presentation on the project and the proposed
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12.
Council Agenda: 11/28/05
Consideration of a request for amendment to the Monticello Zonin!! Ordinance relatin!! to
the re!!ulation and outdoor stora!!e of commercial vehicles. (JO/FP)
A. REFERENCE AND BACKGROUND
The Planning Commission reviewed this item on September 6th, 2005, unanimously
recommending approval of the amendment. Please note that the proposed amendment is
the same amendment reviewed by the Planning Commission, without addition or deletion.
The Commission did hear public comment from those opposing the proposed amendment.
However, the Commissioners indicated their recommendation was based on the belief
that the ordinance amendment would assist in maintaining property values, provide for
an aesthetic improvement to residential neighborhoods, and support general safety in
residential areas.
A similar zoning ordinance amendment restricting commercial vehicles from residential
properties was considered by the Planning Commission and City Council in the Fall of 2000.
The Planning Commission recommended that the City Council adopt such an ordinance to
preserve the character of Monticello 's residential neighborhoods. In a split decision, the
Council did not adopt an ordinance amendment regulating commercial vehicles in residential
neighborhoods, but tabled the item indefinitely.
This ordinance amendment was recommended by staff because the Wright County Sheriff
determined that in part, the existing ordinance was vague and unenforceable. A consequence of
the current law is that many commercial vehicles have taken up residence in Monticello's
neighborhoods. Not changing the existing ordinance to provide for enforcement may result in
"Grandfathering" or existing lawful non-conforming commercial truck parking uses on
residential properties. Even though the suggested ordinance may now be adopted by City
Council, the character of Monticello neighborhoods will likely remain compromised by many
existing lawful non-conforming commercial vehicle uses.
A conflict on Hillcrest Circle involving the race cars and the parking of large commercial
trucks has renewed interest in amending the current ordinances. It is expected that the parties
involved in this conflict will appear at the public hearing and present differing opinions.
This ordinance amendment along with on-street parking ordinances will help to preserve the
character of our residential districts while not limiting necessary commercial vehicle traffic
serving those districts.
B. ALTERNATIVE ACTIONS
Decision 1: Amendment of Zoning Ordinance
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1.
Council Agenda: 11/28/05
Motion to adopt the ordinance restricting the parking of certain vehicles in residential
districts, amending Chapters 2,3, and 6 of the Monticello Zoning Ordinance,
establishing regulations for race cars and commercial vehicles in residential districts.
2. Motion to deny the ordinance restricting the parking of certain vehicles in residential
districts, amending Chapters 2, 3, and 6 of the Monticello Zoning Ordinance,
establishing regulations for race cars and commercial vehicles in residential districts.
3. Motion of other action as may be determined by the City Council.
C. STAFF RECOMMENDATION
Staff recommends Alternative I as recommended by the Planning Commission.
D. SUPPORTING DATA
Exhibit A:
Exhibit B:
Exhibit C:
Copy of proposed Ordinance with underlining to show amendments.
Copy of the City Council Minutes and suggested ordinance from November 11, 2000
Copy of the Planning Commission minutes of September 6, 2005
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ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE RESTRICTING THE PARKING OF CERTAIN
VEHICLES IN RESIDENTIAL DISTRICTS, AMENDING
CHAPTERS 2,3, AND 6 OF THE MONTICELLO ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
Section 1. Section 2-2 of the Monticello Zoning Ordinance is amended by adding the
following definitions: _ I 1
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e": A vehicle used for commercial u oses hat is either reater
than ei ht feet 8' in hei ht or reater than twent -two feet in len th includin but
not limited to: boom trucks. car~o trucks. dumn trucks. farm imolements. fire trucks.
ambulances. limousines. busses. hearses. semi-tractors. semi-tractor trailers. tank trucks
and tow trucks.
"Gross Vehicle Wei~ht Ratin~ (GVWR)": The maximum allowable total weight of the
vehicle that mav not be exceeded. as desi gnated bv the vehicle manufacturer.
"Licensed and Onerable Vehicle": A ear or truck which has current licenses olates. is
mechanicallv onerable and is designed and eauiooed in a manner which will allow it to
be legallv onerated on a nublie street.
"Race Car": A vehicle. includin!! a vehicle olaced on a trailer. used nnmanlv for racin!!
which does not meet the definition of a Licensed and Onerable Vehicle.
Section 2.
as follows:
Section 3-2[N] the Monticello Zoning Ordinance is amended to read in its entirety
[N]
EXTERIOR STORAGE: All materials and equipment except as provided for in
Chapters 5 through 19 of this ordinance shall be stored within a building or fully
screened so as not to be visible from adjoining properties and oubJic streets.
except for the following:
1. Clothes line pole and wire.
2. Recreational equipment and vehicles. Race cars are not considered
recreational eauioment or vehicles.
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4. ooOn Dronertv used for residential Dumoses off-street parking of
pl:ssen;er licensed and onerable. non-commercial vehicles lffid tr8cks not
exceeding a gross capacityGross Vehicle Weil!ht Ratinl! (GVWRl of nine
thousand (9,000) pounds in resilieA'jal GfeaSa aara2:e. drivewav or off-
street arkin facilit meetin the re uirements of this Zonin rdinance.
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3.
Construction and landscaping material currently being used on the
premises.
5. Propane tanks, fuel oil tanks, and other similar residential heating fuel
storage tanks which do not exceed 1,000 gallons in capacity and shall not
be located within five (5) feet of any property line.
6. Wood piles in which wood is stored for fuel provided that not more than
10 cords shall be stored on any property. A cord shall be 4'x4'x8'.
All wood piles shall be five (5) feet or more from the rear and side yard
property lines and shall be stored behind the appropriate setback line in
front yards.
7. Solar hearing systems.
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Section 3. Section 3-5[D]7 of the Monticello Zoning Ordinance is amended to read in its
entirety as follows:
7. OODrivewavs and exterior off-street parking facilities accessory to residential
w;euses may be utilized solely for the parking of licensed and operable passeR;er
aucofHebilec;. Ae more tRllA non-commercial ehicles, one (I) truck not to e;:ceed
;rof.s capacityexceedin a Gross Vehicle Wei ht Ratin GVWR of nine
thousand (9,000) pounds, and recreational "oRiele vehicles and equipment. Race
cars are not considered recreational vehicles and e ui ment. Under no
circumstances shall requireddrivewavs or exterior off street parking facilities
accessory to residential structures be used for the :;toraGenarkinl! of either
commercial vehicles ef equipment, or for the parking of l:utomel3i lesvehicles
belonging to the employees, owners, tenants, or customers of business or
manufacturing establishments which are not bein2 used bv a resident of the
remises exce t for deliver re air and other vehicles rovidin tern orar
services benefitin the ro ert . Passen er cars and trucks shall not be arked in
ards or an other areas of the ro ert other than the ara e drivewa or off-
street Darkin2 facilitv comDlvinl! with the reauirements of this Zonina Ordinance.
Section 4. Section 6-3[A] and [B] of the Monticello Zoning Ordinance are amended to read
in their entirety as follows:
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6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses
in an "R-I" district:
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[A] Private garages, parkin; space" and oarpsrts for liceRsed aRd operaBle j3assoRger
CGrs aRd truck;; Rot t8 e1lceed a gross Cnflacity of Rine thoasaRd (9,000) pmlAss GS
regulated by Chc:pter 3, SectiGR 5, of this ordimmce. Private gal'ages are iRtended
for use to shure the private pa:J;;enger veBicle" of the farnily or fGmilies resisent
UpOR the premi,;es aRd iR "" hicA no 8u,;iRess, ser'lice, or indHstry is carried on.
Such space can mav be rented to Ron-residents of the property for private
passenger vehicles and/or non-commercial vehicles, trailers, or equipment if
sufficient off-street parking in full compliance with this ordinance is provided
elsewhere on the property. &Hffill, garage shall not be used for the storage of
more than one (1) commercial vehicle, owned or operated by a resident, per
dwelling unit.
[B] RecreationGlExterior stora2:e of recreational vehicles and equipment. exceut race
cars.
Section 5. Effective Date. This Ordinance shall be effective immediately upon its passage
and publication according to law,
Adopted by the City Council of Monticello, Minnesota on the _ day of
,2005.
Clint Herbst, Mayor
ATTEST:
Rick Wolfsteller, City Administrator
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Council Minutes - ] 2/11/00
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..., Consideration of an ordinance amendin" the Monticello Zonin" Ordinance Cha ter 3
Section 3-5, rDl 7, hv addinl? subsections (a) and (b), establishinl? re!!ulations for
commercial vehicles in residential districts. Aoolicant: City of Monticello,
Fred Patch provided background information on the proposed ordinance amendment. The City
had received complaints about commercial vehicles parked in residential area. The Sheriffs
Depanment indicated that the present wording of the City's ordinance made it difficult to
enforce. The proposed amendment was an attempt to clarify what type of vehicle could not be
parked in residential areas thus making this portion of the ordinance enforceable. Brian
Stumpf asked if staff had checked out what other communities had before coming up with this
proposed language. Fred Patch indicated they had not but the staff did submit this to the
Sheriffs Depmiment to determine if they felt it was enforceable.
There was considerable discussion on the ordinance amendment. It was questioned
whetber the amendment was too restrictive and it was suggested tbat instead of eliminating
commercial vehicles they should be limited. such as allowing one commercial vehicle not
exceeding one ton. The discussion focused on tbe one ton vehicle and wbether that should be
restricted. Brian Stumpf felt that since most of the complaints dealt with larger vehicles that
should be the type of vehicle targeted by tbe ordinance amendment.
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The Planning Commission had conducted two public hcarings on the proposed amendment.
Roy Popi\ek. a Planning Commission membcr. indicated tbat there was no one in attendance at
the public hearings who spoke for or against the proposed ordinance amendment. The
Planning Commission felt the proposed amendment would protect the residential areas from tbe
presence of largc commercial vehicles. Clint Herbst asked if tbe Planning Commission bad a
concern about one ton trucks. Roy Popilek stated tbe Planning Commission didn -t specifically
address size when they reviewed this issue.
Bruce Thielen expressed his concern that creating a document that was ambiguous migbt be
worse than doing nothing at all and the Council did not feel the matter should be sent back to
the Planning Commission again since they had already reviewed it twice.
BRUCE THIELEN MOVED TO DENY THE AMENDMENT TO MONTICELLO ZONING
ORDlNANCE CHAPTER 3. ESTABLISHING REGULATIONS FOR COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS. BRIAN STUMPF SECONDED THE
MOTION.
Roger Carlson voiced his opposition stating that a lot of work had gone into the ordinance
amendment. There was furtber discussion by the Council on the ordinance amendment.
Bruce Thielen withdrew his motion to deny the ordinance amendment.
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BRUCE THIELEN MOVED TO TABLE THIS ORDINANCE AMENDMENT AND ]-1 A VE
STAFF DO FURTHER RESEARCH TO RESOLVE THE ISSUE OF VEHICLE SIZE
BRIAN STI:MPF SECONDED THE MOTION MOTION CARRIED WITH ROGER
CARLSON VOTING IN OPPOSITlON
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ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING MONTICELLO ZONING ORDINANCE. CHAPTER 3. SECTION 3-5. [0]
7, BY ADDING SUBSECTIONS (Al AND (B), ESTABLISHING REGULATIONS FOR COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS:
THE CITY OF MONTICELLO DOES ORDAIN:
Title 10. Chapter 3, Section 3-5, [0] 7 is hereby amended to read as follows:
7. Off-street parking facilities accessory to residential use may be utilized
solely for the parking of licensed and operable passenger automobiles, no
more than one (I) truck not to exceed gross capacity of nine thousand
(9,000) pounds, and recreational vehicle and equipment. Under no
circumstances shall required parking facilities accessory to residential
structures be used for the storage of commercial vehicles or equipment or for
the parking ofautomobiles belonging to the employees. owners. tenants. or
clIstomers of business or manufacturing establishments.
(ill
For the Durpose of this section. a commercial vehicles or equipment (buses.
trucks. truck-tractors. vans. and the like).shall be defined as.
i. Anv vehicle with Minnesota license plates earn'in!! a desiunation of
"BY" (bus. e\:cept as provided belo\vL "(2" (commercial zone truck): or
ii. Anv vehicle with Minnesota license plates carrvini! a desiunation of"Y"
(truck \vith Minnesota base plate) or "T" (farm truckL and disolavin!! on the
lower ri!!ht corner of the license alate an\' !!ross vehicle \veicrht desi!!nation,
of "F" through "T': or
iii. An\! vehicle with a !!ross vehicle \veight in e\cess of 9.000 Ibs.
ill Commercial vehicles. shall be subiect to all other provisions of this
ordinance: however. the orahibitians of this Section shall not applv to the
folloviin!!:
i. Commercial vehicles that are actuall\' in the process of bein!:! loaded or
unloaded in the due course of business.
ii. Commercial vehicles that are direct)\' ancillarv to construction and
parked within 1.000 feet of the related construction site
iii. Vehicles licensed with Disabilitv Plmes. or diso]avin!.! a Disabilitv
Parkin!.! Certificate.
IV. One-ton oassenger vans used solely for transporting oersons.
v. Vehicles owned and/or onerated by a 2"overnmental a2'enC\'.
vi. Pub/ii.' ant! orh'ate emer!!eflC\' vehicle.'! StIcha.'! those lIsed hI' Dolice.
.fire, seclIritr, vehicle IOwinr. Duhlic lint! orimte IItilitr companies;
however. .\'lIch vehicles mllst disDllIl' the IIl1me orthe COIU/Jfllll' DrmJidill!!
tI,e .\'ervice (/1Ii1 he ellllioDed witll etlllinment 'hat lUll I' he ll.\ed in (/11
enren.!el1C1'situatio/l.
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Planning Commission Minutes 9/6/05
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CONDITION THAT THE BUILDING IS CONSTRUCTED WITH MATERIALS AND
COLORS SIMILAR TO THAT OF THE PRINCIPAL BUILDING, AND THAT THE
BUILDING IS CONSTRUCTED TO FACE SANDY LANE.
MOTION SECONDED BY COMMISSIONER DRAGSTEN.
Spartz stated that he is not comfortable with that setback, but does consider the request to
present a hardship. Spartz indicated that the Commission needs to be careful as to where we
allow him to place it. Frie stated he is comfortable with the 20' setback. Spartz stated he is
not. Frie asked what he comfortable with. Spartz stated he doesn't know without more
information.
MOTION CARRIED 4-1, WITH COMMISSIONER SPARTZ IN DISSENT.
Patch noted that a survey is automatically required as part of building permit.
MOTION BY COMMISSIONER SUCHY TO APPROVE THE VARIANCE WITH
DRIVEWAY FACING SANDY LANE AND A SETBACK OF 20 FEET, BASED ON A
FINDING THAT THE APPLICANT HAS SHOWN A HARDSHIP IN PUTTING THE
PROPERTY TO REASONABLE USE AND REQUIRES THE VARIANCE.
MOTION SECONDED BY COMMISSIONER DRAGTSEN.
MOTION CARRIED 4-1, WITH COMMISSIONER SPARTZ IN DISSENT.
. 1< 13. Public Hearing - Consideration of a request for amendment to the Monticello Zoning
Ordinance regarding the regulation and outdoor storage of commercial vehicles.
Applicant: City of Monticello
Patch presented the staff report for the item, stating that a similar amendment was considered
in 2000. Currently, the ordinance only regulates vehicles over a specified gross weight. In
2000, staff suggested an ordinance change that would classify commercial vehicles based on
a sticker on a license plate. At that time, the Planning Commission agreed on the basis of
preserving the residential character of neighborhoods. However, the Council struggled with
the proposed amendment and tabled it.
Patch reported that currently, there are approximately 37 commercial vehicle violations or
undefined uses in residential areas. He stated that a specific case on Hillcrest Circle has
brought forward the amendment. The City Attorney has crafted an ordinance that specifically
addresses commercial vehicles and racecars. Patch noted that the proposed ordinance
amendment first defines commercial vehicles and racecars in terms of description, length and
height. The attorney also reviewed licensed and operable vehicle definitions, including non-
street legal vehicles.
Patch stated that as noted in the report, staff recommends adoption of the amendment.
Chairman Frie opened the public hearing.
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Lee McDougal, 101 Hillcrest Circle, addressed the Commission and asked who wrote the
ordinance amendment. Patch stated that the City Attorney had drafted the proposed
amendment. McDougal asked how a racecar is not a recreational vehicle. Carrie McDougal,
stated that she had called the State, Sheriffs Office, and Department of Motor Vehicles to
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Planning Commission Minutes 9/6/05
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find out how to license a racecar. In every case, it is classified as a recreational vehicle.
McDougal stated that he can put tabs and lights on the car and it will be street legal, but
stated that he doesn't want to. Frie asked if McDougal's concern is over the definition.
McDougal stated that banning racecars from the city is unfair. Carrie McDougal indicated
that there are about 80 other racecars in the city currently.
Frie commented that it is his understanding that the issue had come forward because a
neighbor is trying to sell her home, but has received negative feedback because of a semi and
racecar parked in the neighborhood. Frie asked if the McDougal's racecar could be put in the
garage. The McDougals agreed that it could be. Frie re-stated for the record that the car
could be kept in the garage,
Frie asked Patch if commercial vehicles or racecars were taken into account in the proposed
outdoor storage amendment. Patch explained that the current outdoor storage amendment
addresses only industrial areas. Frie noted that the Commission had tried to address the
storage issue in allowing larger accessory structures. Frie asked McDougal where the car is
stored in the winter. McDougal responded that it is covered with a tarp in the rear yard
during the winter and is screened by a garden shed.
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Posusta asked how demolition derby cars would be affected. Posusta suggested they be
added, because obviously what one racecar looks like is different from another. Patch stated
that the definition oflicensed and operable extends beyond racecars to public nuisance. It
works together in prohibiting a demolition vehicle that is not licensed. Patch also noted that
moving a vehicle in a back yard for storage is not legal, as they nee to be parked on had
surfaces, Posusta stated that he thinks the ordinance amendment should be more specific.
Patch stated that the demolition vehicles would be included within the definition as presented,
but could include a laundry list which states "included but not limited to",
Carrie McDougal stated that "inoperable vehicle", to her is something that doesn't move, but
their racecar is something that just needs lights and a license. She restated her belief that it is
a recreational vehicle. She indicated that if the vehicle is on a licensed and insured trailer,
there's nothing the sheriff can do. McDougal pointed out that there are large businesses in
town that sponsor cars.
Posusta stated that isn't what the ordinance is trying to eliminate. It is simply stating that
they don't belong in a residential area. Posusta stated that there are appropriate places for
each use.
Jessica Bechtold, 103 Hillcrest Circle, spoke to the Commission. Bechtold indicated that her
husband drives a semi. She commented that when he comes home, it's no longer commercial
vehicle, it's residential. She inquired why if the DOT says it's not hurting the roads, why
can't he drive it home. Bechtold stated that it is her opinion that this ordinance amendment
was started because of the way something looks.
Beth Larson, 1702 West River Street, indicated to the Commission that her husband drives a
dump truck. By not allowing him to drive his work vehicle home, they are requiring
unnecessary driving back and forth by the owner of the vehicles.
Bechtold noted that the trucks are licensed, operable and insured.
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Paulette Conroy, Aetna Avenue NE, addressed the Commission. Conroy stated that although
she and her husband now live in the township, they still have a home in Monticello. Conroy
stated that she went to her neighbors with the realtor's comments, who had told her that they
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had three potential sales lost due these issues. Conroy stated that she had asked the neighbors
to work with them on this. She noted that the realtors had indicated that when you buy a
house, you buy a neighborhood. Conroy noted that there is only one racecar, but it really
doesn't look like the picture presented by the McDougals. Conroy asked the Commission to
consider the amendment and to think about the development of residential character. She
noted that Monticello is in competition with other cities for residents and asked the
Commission to consider what the City wants neighborhoods to look like.
Bechtold indicated that she had spoken to the Conroy's realtor, who had stated that the house
wasn't selling because the house was priced too high.
Hearing no further comment, Chairman Frie closed the public hearing.
Hilgart commented that he didn't think commercial vehicles add to the ambience of
neighborhoods. He noted that the race car could be stored in the garage. Hilgart stated that
he is in favor of the ordinance.
Dragsten commented on the look of neighborhoods and concerns for safety in terms of large
commercial vehicles. Dragsten noted that he does development in other communities where
this kind of ordinance is commonplace.
Spartz stated that beauty is in the eye of the beholder. He suggested that the ordinance might
say if a vehicle isn't licensed properly, it shouldn't be on the streets. Patch confirmed that
ordinance is already in place, but that racecars fell into a gray area.
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Suchy stated that in residential areas, large commercial vehicles are a huge concern. Suchy
stated she is concerned about the way neighborhoods looks in relationship to this ordinance.
Suchy addressed the residents who commented, stating that she doesn't think this ordinance
is picking you out specifically. Suchy stated that she thinks there is a bigger problem in
Monticello and that the Commission should move forward. She agreed that these types of
vehicles belong in storage.
Bechtold began to comment, but was informed by Chariman Frie that no further public
comments would be taken, as the public hearing was closed.
Frie stated that having this ordinance on the record will create prevention. If this ordinance
were in place before, the issues addressed during the public hearing wouldn't be present. Frie
inquired if this ordinance goes into effect, is the character of neighborhoods compromised by
existing non-conforming uses via grand-fathering. Frie noted that he totally support the
ordinance and further stated his opposition to some of the large campers and motorhomes
kept in residential areas.
Patch stated that staff will need to speak with the City attorney related to the question of
grandfathering rights. He stated that Grittman had indicated these types of uses would not be
grandfathered in. However, the City and County Attorney would need to provide opinion on
these items.
Frie asked those who addressed the Commission to research their own cases individually.
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Patch raised the issue of what this does to business uses. For example, if someone operates a
business use out of their home, the use can be allowable to a certain point as long as the use
doesn't intensify. It can continue as an existing non-conforming use.
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Planning Commission Minutes 9/6/05
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Posusta has problem with the grandfathering logic. He noted that the City just approved a
peddler ordinance, under which grandfathering isn't allowed. He noted that this issue had
also come up in 2000.
MOTION BY COMMISSIONER SPARTZ RECOMMEND THAT THE CITY COUNCIL
ADOPT THE ORDINANCE RESTRICTING THE PARKING OF CERTAIN VEHICLES
IN RESIDENTIAL DISTRICTS, AMENDING CHAPTERS 2, 3, AND 6 OF THE
MONTICELLO ZONING ORDINANCE, ESTABLISHING REGULATIONS FOR RACE
CARS AND COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS.
MOTION SECONDED BY COMMISSIONER SUCHY.
MOTION CARRIED UNANIMOUSLY.
Chairman Frie requested that item 16 be moved for consideration as item 14.
14. Consideration to review for approval the Monticello Highlands landscape plan.
Applicant: L & G, LLC
o 'Neill introduced the item, noting that a new plan will be presented by the applicant. He
noted that staff have not had an opportunity to review the plan.
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Skip Sorenson, project architect, presented the Emerald Heights (formerly Monticello
Highlands) landscape plan and described the proposed townhome development. Sorenson
indicated that they will making sure that the retaining walls are adequately landscaped on
both walls lifts. Sorenson eXplained that a 42" high fence will be erected on the top of each
retaining wall. The site landscaping will also include 57 overstory trees, which will be
oversized trees and coniferous trees in the back yards. All landscaping will be irrigated.
Sorenson also presented a visual image of the hill after development of the homes and walls.
Frie asked how they will differentiate the cost between units. Sorenson responded that the
cost will be based on the amenities, floor plan and size. Frie asked if the developers would
make the Council meeting on Monday. Sorenson stated they would not be going to Council
on the 12ft'. Sorenson also noted that they would be holding a public input session. Frie
asked if they would break ground this fall. Sorenson stated that they hope to.
IS. Public Hearing - Consideration of a request for amendment to the Monticello Zoning
Ordinance relating to the regulation ofpvlon simage. Applicant: City of Monticello
In light of the length ofthe meeting, Patch and O'Neill recommended continuation ot the
signage item to the October meeting of the Commission.
Chairman Frie opened the public hearing.
MOTION BY COMMISSIONER SPARTZ TO CONTINUE THE PUBLIC HEARING
REGARDING A REQUEST FOR AMENDMENT TO THE MONTICELLO ZONING
ORDINANCE RELATING TO THE REGULATION OF PYLON SIGNAGE.
.
MOTION SECONDED BY COMMISSIONER SUCHY.
MOTION CARRIED UNANIMOUSLY.
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Council Minutes: 11114/05
City Engineer: Glen Posusta noted that on the bill from the consulting engineer there were a number of
smaller itcms that he felt could be handled by the city engineer. He was concerned that even though the
City has added an engineer to staff it hasn't reduced the amount of fees paid to the consulting engineer.
The Council requested that the staff update the Council on what projects the City Engineer is working
on.
* Ordinance Parking ofvehicles in residential districts: Glen Posusta noted that the ordinance was
discussed by the Council some time ago and he wanted to know where the City Attorney was on the
ordinance. Tome Scott stated that the current document was discussed with staff and the idea was to
expand the portion dealing with recreational vehicles. The plan is to come up with additional language
and then bring it back to the Planning Commission and City council. Glen Posusta suggested that
instead of expanding the definitions of the ordinance they look at allowing race cars as long as they are
stored in an enclosed trailer. He also questioned why it was necessary to bring the ordinance back to
the Planning Commission. Tom Scott stated that he was under the understanding that the Council
wanted them to look at the ordinance covering recreational vehicles besides race cars. Brian Stumpf
felt that language relating to enclosed trailers might create problems since some ofthe enclosed trailers
could run up to forty feet and residents could complain that they are unsightly.
Glen Posusta asked if the Council could vote on the ordinance amendment as it stands now. Tom Scott
said since the public hearing has been conducted, the Council could vote on the ordinance.
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GLEN POSCSTA MOVED TO APPROVE THE ORDINANCE AMENDING RELATING TO
PARKING OF VEHICLES IN RESIDENTIAL DISTRICT AMENDING CHAPTERS 2, 3 AND 6 OF
THE MONTICELLO ZONING ORDINANCE. CLINT HERBST SECONDED THE MOTION.
Brian Stumpf said that since there were a nmber of people who had spoken on this ordinance he
didn't feel it was fair to vote on it without giving them a chance to speak. Glen Posusta stated that they
have had sufficient opportunity to speak to the ordinance. Wayne Mayer said there is a lot of confusion
as to what is and is not going to be allowed as outside storage. He too felt the residents should have
another opportunity to respond. Brian Stumpf was also concerned about the vagueness of the ordinance
language.
UPON VOTE BEING TAKEN THE MOTION FAILED.
Staff was directed to have ordinance amendment on the next agenda.
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Front Street Riverbank Erosion Problem: Bruce Westby had updatcd the Council on the action taken
on the problem thus far. The property owner had received a copy of the cost estimate and plans and
was reviewing them with her attorney. The Council indicated that they were a little dismayed that the
property owner had not talked to them directly about the problem. It was noted that the property owner
was seeking assistance from the Wright County Soils & Water Conservation District to resolve the
problem.
City Administrator Review: Clint Herbst suggested that the Council set a special meeting for 6 p.m. on
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13.
Consideration of a request by Swan River Charter School for City pavment for
!!eneral public use of Swan River play!!round. (10)
A. REFERENCE AND BACKGROUND:
At the previous meeting of the City Council, Isabelle Olson was present to request that the
City pay for added insurance costs relating to keeping the charter school playground open for
public use during weekends and after school hours. She estimated that the added cost for
insurance is about $2,000 per year.
The time that the playground would be open has not been negotiated but it is expected that it
would be available for public use after 4:00 p.m. on weekdays and during the weekends.
Unfortunately, this playground would not be open during the day when families with pre-
school children are likely to want to use it.
According to the City Attorney, the City can not include Swan River School or any other
organization under the umbrella of the City's insurance. Also, the City can not legally make a
payment to Swan River school to cover the extra cost of insurance. However, the City can
enter into an agreement with Swan River School to pay for public access to the
playground.
.
It is not known if the Monticello School District pays "additional" insurance to allow public
use of the many playgrounds and athletic fields that are open to the public after school hours.
As far I know, the School District has never requested that the City pay a fec to thc School
District to allow public use of school facilities.
B.
ALTERNATIVE ACTIONS:
I. Motion to direct staff and City Attorney to develop an agrcement outlining terms and
conditions associated with city payment of a fee in exchange for Swan River School
allowing public use of the playground. The amount of the annual fee to be roughly
equal to Swan River cost to provide insurance relating to public use of the playgrolmd.
Reasons that could be cited to approve development of the agreement are as follows.
. The playground is in close proximity to a sizeable ncighborhood and it is likely
to get used by the public if available.
. The armual cost for allowing public access is relatively small.
Under this alternative, the City Staff and Attorney will prepare a simple agreement
establishing terms associatcd with City payment for public use of the playground. This
alternative could result in the Monticello School District making a similar request.
.
2.
Motion to deny request to develop and agreement outlining terms and conditions
associated with city payment of a fee in exchange for Swan River Charter School
allowing public use ofthe playground.
Under this alternative it is determined that paying for public use of a charter school
55
.
.
.
playground is not appropriate. It is presumed that Swan River School would not pay
for the liability insurance and would take steps to restrict public use of the playground.
Following are some reason that could be cited for not paying for public use ofthe
playground.
. Council could take the view that Swan River School is funded to a large extent
by public dollars which could also be used to pay for insurance relating to
public use of the playground.
. Payment of a fee for use of the Swan River playground could set a precedent
for paying the School District for public use of school park facilities.
. A great playground is located at Pinewood School that is not too far away.
There is no fee to the City for allowing the public to use the Pinewood School
playground.
c.
STAFF RECOMMENDA nON:
It is the view of the Deputy City Administrator that the City should deny this request. If this
playground is to remain open, the added cost should be paid by Swan River Charter School.
The cost is relatively small and the organization does receive some benefit from opening the
facility to the public. For instance, by funding the liability insurance, Swan River Charter
School does not have the cost and the apprehension associated with keeping kids off the
playground. They .will not need to lock gates and put up signs saying "Keep Out". Also, the
Swan River students/families would benefit from the school paying for the added insurance
because the students themselves could use the playground during after hours and on weekends.
Ultimately of course, it is up to Swan Rive Charter School to determine whether or not
funding this expense reaps sufficient return.
By denying this request, the City would avoid setting a precedent for paying for public use of
school/park facilities.
Early in the process of establishment of the Swan River School, the charter school was
described by its advocates as being a "public" school just like Monticello School District 882.
It would then seem to follow that Swan River as a public school would provide the same
access to playground facilities as provided by the other public school system in to',',l1.
Although it would be great to have public use of the playground, if Swan River Charter School
docs not elect to allow public use of the facility, there is school playground a few blocks to the
west that welcomes the public at no extra charge.
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