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City Council Agenda Packet 07-09-2007 AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 9, 2007 - 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski I. Call to Order and Pledge of Allegiance 2A. Approve minutes of June 25, 2007 Regular Council Meeting. 2B. Approve minutes of June 25, 2007 Special Council Meeting - Rental Housing 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of ratifying hires and departures for MCC, Water and Liquor Store. B. Consideration of approving appointment to fill vacancy on Parks Commission. C. Consideration of authorizing appraisal on the Jameson parcel. D. Consideration of renewal of charitable gambling license for VFW Post #8731. E. Consideration of offering Finance Director position to Tom Kelly. F. Consideration of a request for appeal of denial of variance to signage height and area requirements. Applicant: Set. Benedict's Senior Care Facility/CentraCare. G. Consideration ofa request for Simple Subdivision, Rezoning from B-4 (Regional Business) to PS (Public/Semi-Public), Amendment to Planned Unit Development.. Applicant: St. Benedict's Senior Care Facility/CentraCare, St. Henry's Catholic Church and Home Depot, Inc. H. Consideration of placement of noise ordinance enforcement signs at all entrances to the City of Monticello. I. Consideration of approving plans, specifications and bid for Hillcrest Park Play Structure. J. Consideration of modifying composition of the Fiber Optic Committee. 6. Consideration of items removed from the consent agenda for discussion. 7. Update on Stormwater Pond Issues and Public Information Meetings. 8. Consideration to waive costs related to planning application review - AST Sports Agenda Monticello City Council July 9,2007 Page Two 9. Review of 2007 annual sidewalk inspection report and authorization of repair work. 10. Consideration of approving payment of bills for July, 2007. II. Adjourn. City Council Minutes: 6/25/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday June 25, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledl!:e of AlIel!:iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of June 11, 2007 Rel!:ular Council Meetinl!:. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 11,2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!: items to the al!:enda. The following items were added to the agenda: I) Update on group homes; 2) Resolution supporting special session for passing tax bill; 3) Striping on a public street and 4) Bids for 2007 sealcoating work. 4. Citizen comments. petitions, reauests and concerns. None. 5. Consent Al!:enda: A. Consideration of ratifying hires and departures for Parks, Water and MCC. Recommendation: Ratify the hires and departures as identified. B. Consideration of monthly renewal of pawn shop license for Walt's Pawn Shop. Recommendation: Approve the renewal of the pawn shop license for Walt's Pawn Shop for another month. C. Consideration of an amendment to the development agreement for Carlisle Village 5th Addition. Recommendation: Approve the amendment to the development contract for Carlisle Village 5th Addition, based on a finding that the amendment is consistent with the previous approvals for development. D. Consideration of accepting proposal for Human Resources Consulting Services. Recommendation: Rescind the previous Council motion to hire a Personnel Director on a part-time basis and instead authorize entering into a contract with Sherrie Le for I City Council Minutes: 6/25/07 personnel services and authorize preparation of a revised job description establishing a full-time position in the area of Human Resource development. E. Consideration of approving a reduction in retainage from 5% to 1 % on the contract for the interchange project, City Project No. 2004-01 C. Recommendation: Approve the reduction of the 5% retainage amount ($461,289.24) to 1 % ($92,257.85) on Project No. 2004-01, CSAH 18/1-94 Interchange and authorize payment to R.L. Larson in the amount of$369,031.39. F. Consideration of accepting feasibility report for Tower Drive Improvements, City Project No. 2007 -08C. Recommendation: Accept the feasibility report and authorize the preparation of plans and specifications for City Project No. 2007-08C. G. Consideration of approving a request for concept stage planned unit development for a proposed commercial development. Applicant: 251 Partnership/Mike Schneider. Recommendation: Approve the request for concept stage approval, subject to conditions listed in exhibit Z listed below, based on the finding that the proposed commercial development is consistent with the intent and performance standards of the B-3, Regional Business District lj1ld meets the review elements of a General Concept Plan. 1) The applicant comply with the recommendations of the Planning Commission on 6/5/07 and contained within the 6/5/007 staff report as related to: a) Parking b) Streets c) Tree Preservation d) Open Space e) Signs f) Grading and Drainage g) Easements h) Sanitary Sewer i) Curbing Barrier j) Provide detailed building schematics k) setbacks and 1) Circulation and 2) The applicant comply with the recommendations of the City Engineer s detailed in the letters dated 4/23/07 and the letters from the consulting engineer dated 4/23/07 and 5/23/07. H. Consideration of approving a request for amendment to Planned Unit Development for expansion of open and outdoor storage. Applicant: Sunny Fresh Foods. Recommendation: Approve the amendment to a Planned Unit Development for expansion of open and outdoor storage based on a finding that the proposed expansion is consistent with the original terms of the Planned Unit Development for Sunny Fresh Foods subject to the following conditions: 1) Applicant shall verify the actual height of the proposed silos and 2) All lighting proposed for the site shall be in compliance with the standards of the Zoning Ordinance. 1. Consideration of approving an amendment to a conditional use permit for open and outdoor storage, open and outdoor sales and display and automobile repair-light in a B-4 (Regional Business) District. Applicant: Moon Motorsports. Recommendation: Approve the amended Conditional Use Permit for Moon Motorsports to allow for open and outdoor storage, outdoor sales and display and light auto repair, based on a finding that the proposed use is consistent with the performance standards of the B-4 District and the conditions of approval, subject to the following conditions: 1) The landscape plan shall be modified to illustrate that each individual lighting standard is landscaped; 2) The applicant shall provide additional plantings on the south side of the east-west access drive and adjacent to the fence surrounding the outdoor storage area; 3) The applicant shall provide landscaping within the Chelsea Road boulevard; 4) The photometric plan shall be revised to verify that readings at the property line will not 2 City Council Minutes: 6/25/07 exceed one footcandle; 5) All wall pack lighting shall be comprised of full cutoff fixtures to mitigate any glare; 6) The property owner shall be responsible for any future construction of a 5-foot wide concrete sidewalk along the entire south edge of the site within Chelsea Road right-of-way with back of walk 1 foot from property line; 7) The applicant shall add additional aesthetic features to the back side of the building facing Chelsea. Said features include, but are not limited to, additional glass coverage and vertical details; 8) The applicant shall comply with all recommendations ofthe City Engineer as outlined in the memo dated 5/21/07 prepared by Bruce Westby and the consulting engineer as outlined in the memo from WSB dated 5/22/07; 9) A building permit shall be required for the proposed fence and 10) Wherever fuel pumps are to be installed pump islands shall also be installed. J. Consideration of adoption of resolution supporting State of Minnesota bonding request relating to acquisition of the YMCA property. Recommendation: Adopt the resolution supporting placement of purchase of the YMCA in the State Bonding Bill. K. Consideration of accepting Kampa Estates Drainage Improvements, City Project No. 2006-21 C and approving request for final payment. Recommendation: Accept the work done under the Kampa Estates Drainage Improvement Project, City Project No. 2006-21 C and approve final payment to Fyle's Excavating in the amount of $278.00. L. Consideration of approving appointment of Terry Berg to the Finance Director position. Recommendation: Appoint Terry Berg to the Finance Director position. M. Consideration of approval of Riverside Cemetery Fence Donation program. Recommendation: Approve all current and future contributions through the Riverside Cemetery fence donation program and authorize use funds for cemetery improvements. N. Consideration of authorization to proceed on process for establishing a Stormwater Utility Fee program. Recommendation: Authorize WSB & Associates, Inc. to prepare the report which will outline recommendations toward preparing the process and establishing a Storm Water Utility. O. Consideration of amendment to City ordinance regulating traveling shows. Recommendation: Adopt the revisions to the City Ordinance regulating traveling shows. P. Consideration to prepare change ordes for Dalton Avenue, Dalton Court, and Dalton Way Street and Utilities and Appurtenant Work, City Project No. 2006-15C. Recommendation: Approve Change Order #1 to City Project No. 2006-15C, Dalton Avenue, Dalton Way and Dalton Court Improvements to R.L. Larson Excavating in the amount of $40,000. Items #5B, #5D,#5F, #5J,#5N and #50 were pulled form the consent agenda. WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #5A, #5C, #5E,#5G, #5H, #51, #5K, #5L, #5M, AND #5P. SUSIE WOJCHOUSKl 3 City Council Minutes: 6/25/07 SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5B License for Walt's Pawn Shop: Clint Herbst said he is assuming the City is giving a month to month license to the pawn shop so that if items came up that were not addressed, the City could consider suspension or revocation of the license. It was noted at the last renewal that there were a number of violations of the conditional use permit such as the parking of boats and vehicles on the site. The property owner was sent a certified letter regarding the violations but has not picked the letter up. Clint Herbst felt the license should be pulled. Legal counsel, Tom Scott said the license holder does have the opportunity to be heard before the City takes that step. Tom Scott suggested the Council direct staff that at the next meeting to consider non-renewal of the license and to inform the license holder that would be his opportunity to speak to the Council on the issue. Clint Herbst stated the City had tried to work with the license holder to get all the issues resolved and to get the property into compliance with the ordinances. BRIAN STUMPF MOVED TO RENEW THE PAWN SHOP LICENSE FOR WALT'S PAWN SHOP FOR THE MONTH OF JULY AND TO DIRECT STAFF TO INITIATE THE PROCESS FOR REVOCATION OF THE P AWN SHOP LICENSE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5D Human Resources Consulting Services: Tom Perrault felt it should be discussed further as to what option the City wants to pursue. Jeff O'Neill outlined what had transpired thus far in the City's effort to fill their Human Resources need. Up to this point it was proposed that the Human Resources person would be a part-time position (25 hours a week) at a salary range of $29-$3 8/hour. A number of candidates were interviewed for the position. The Personnel Committee looked at the position again and felt a consultant could be put on to do the main projects such as rewriting the job descriptions and updating the pay equity system. At that point the City would bring in a lesser qualified person to handle the rest ofthe work for Human Resources. Sheri Le submitted a proposal for consulting services estimated at $17,000. Jeff O'Neill said he would prefer to have Sheri Le for a part-time position for two years and then at the end of two years they could evaluate the Human Resources position again. Susie W ojchouski stated that the hourly rate for Sheri Le as a part-time employee would be $37-$38/hour and she wondered what her rate as a consultant would run. Jeff O'Neill indicated that as a consultant Sheri Le would make more than the hourly rate proposed for a part-time Human Resources person. Her hourly consultant rate is $95/hour. Wayne Mayer asked why it would take Sheri Le longer to do the proposed projects if she was hired as a consultant than it would if she was hired as a part-time employee. Wayne Mayer said that as a member of the Personnel Committee when he learned that Sheri Le was going to be charging $50,000-$55,000 a year for a part-time position he suggested advertising for the position. Susie Wojchouski asked about the candidates interviewed and was informed they were all good candidates. Wayne Mayer asked what the minimum amount of time would be needed in order to transition into a full time Human Resources position and what would be the minimum time frame on a consulting basis for Sheri Le. Jeff O'Neill indicated he did 4 City Council Minutes: 6/25/07 not have that specific information. He felt in the next 18 months they would be able to get a great deal of it done. The primary duties would be the pay equity and rewriting of the job descriptions and she may also be involved with the reorganization of city staff Wayne Mayer suggested that staff approach some the local industrial and commercial companies in Monticello and find out what their criteria were in establishing a Human Resources Department. Jeff O'Neill said most human resources people would be okay with handling the day to day stuff but the pay equity, job descriptions and succession planning were beyond the day to day scope. Wayne Mayer would like to see some type of feedback from the businesses on how they addressed the Human Resources positions. He felt getting some guidelines is what the City is looking for. Jeff O'Neill felt going out to the business firms would only prolong the process. Clint Herbst asked if staff knew for sure that the City's pay equity system is out ofline. He suggested selecting a few positions to determine if the system did require major changes. Wayne Mayer felt a fresh look at the pay equity system may be good using someone else other than Sheri Le. Since Sheri Le had worked on the original pay equity program the City would only have one person's perspective if she was to work on it again. Clint Herbst felt this should go back to the Personnel Committee. Brian Stumpf asked that the Personnel Committee look at the amount of time (18 months) and see ifit could be done sooner than that. SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE HUMAN RESOURCES POSITION UNTIL THE NEXT MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5F Feasibility Reportfor Tower Drive: Tom Perrault noted that there would be two projects going on in this area at the same time, the street and storm sewer work and the painting of the water tower. He questioned I whether that would create any problems. Bruce Westby verified that the projects would be qverlapping and that the main issue would be the dust generated by the road project. John Slmola stated that contractor painting the water tower is doing full containment. If it is a problem the Tower Drive road project could be pulled back to a later date. Wayne Mayer noted the reference in the feasibility report about the fiber optic line and asked that the Council recommend that the project provide conduit for the incumbent line and future City fiber optic lines. WAYNE MAYER MOVED TO ACCEPT THE FEASIBILITY REPORT FOR THE TOWER DRIVE IMPROVEMENTS, CITY PROJECT NO. 2007 -08C AND AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS WITH THE ADDITION OF PROVIDING FOR CONDUIT AS NEEDED ALONG THE EASTERLY ROW OF PARKING STALLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5J Resolution supporting State of Minnesota bonding request relating to acquisition of YMCA property: Tom Perrault felt the request for funding for this project is not appropriate since it benefits only those who use it. 5 City Council Minutes: 6/25/07 BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION SUPPORTING PLACEMENT OF PURCHASE OF THE YMCA PROPERTY IN THE STATE BONDING BILL. WAYNE MAYER SECONDED THE MOTION. M0TION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Susie W ojchouski asked if this obligates the City to 1/3 of the cost and Jeff O'Neill indicated it did not. #5N Authorization to proceed on a process for establishing a storm water utility fee program: Tom Perrault requested more information on this item. Clint Herbst felt until the City gets the report back the City won't know whether or not to proceed with establishing it. The estimated cost for the report is $2,500. City Engineer, Bruce Westby said this program would generate revenues that would go towards the maintenance of existing and future storm sewer systems. Susie Wojchouski asked if the report would cover what surrounding communities charge. Wayne Mayer asked who was going to be preparing the report. Bret Weiss said while their office has done these programs they will be working with City Engineer Bruce Westby in the preparation of the report. WAYNE MAYER MOVED TO AUTHORIZE WSB & ASSOCIATES, INC. TO PREPARE THE REPORT WHICH WILL OUTLINE RECOMMENDATIONS TOWARD PREPARING THE PROCESS AND ESTABLISHING A STORM WATER UTILITY. #50 Ordinance amendment regulating traveling shows: Wayne Mayer had two concems one dealing with the length of time for the permit and the other with the hours of operation. The ordinance had a permit time of seven days. Allowing three days for set up and inspection would only allow operation for four days. He felt the permit should be extended to eight days which would allow an extra day for operation and take down. In Section 3-3-9(F) which deals with hours of operation he felt it should be stated that the hours of operation are from 10 a.m. to 10 p.m. unless modified by Council. Brian Stumpf questioned the need to extend the length of time for the permit. WAYNE MAYER MOVED TO ADOPT THE AMENDMENT TO THE ORDINANCE REGULATING TRAVELING SHOWS WITH THE REVISIONS TO SECTION 3-9-6 EXTENDING THE LICENSE PERIOD TO EIGHT DAYS AND SECTION 3-9-9(F) STATING HOURS OF OPERATION ARE FROM 10 A.M. TO 10 P.M. UNLESS MODIFIED BY COUNCIL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 7. Consideration of adoptinl!: rental properlY licensinl!: ordinance. property maintenance code and fee schedule thereof. Clint Herbst stated a workshop had been held prior to the regular meeting to discuss and address issues relating to the proposed rental property licensing ordinance. Brian Stumpf didn't feel all of the issues had been adequately discussed. He felt there was too much potential for trouble and he would like to see some revisions based on what was discussed in the workshop. Clint Herbst asked if the Building Department staff would go through the inspection information from HUD and MHFA and get back to the Council if these agencies' 6 City Council Minutes: 6/25/07 inspections are lacking in certain areas and ~Iso look at the fee changes suggested. This information can be considered at the next meeting if all the information is obtained. Gary Anderson asked if there were any other concerns the Council wanted to address at this time so that everything could be dealt with at the next meeting and not have to be brought back again. This will come back as a regular agenda item. Tom Scott indicated that the staff and legal counsel should be able to do the research and make the changes for the next meeting. SUSIE WOJCHOUSKl MOVED TO TABLE ADOPTION OF THE RENTAL PROPERTY LICENSING ORDINANCE, PROPERTY MAINTENANCE CODE AND FEE SCHEDULE UNTIL THE NEXT MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of a declaration of nel!:ative EA W impact - Applicant: Mills Properties. Inc. Consulting Engineer, Bret Weiss noted that the 30 day comment period for the Environmental Assessment Worksheet for Mills Fleet Farm had passed and to date no comments had been received from any agencies. Therefore they were recommending the City issue a Negative Declaration of need for an EIS for Mills Fleet Farm. TOM PERRAULT MOVED TO ISSUE A NEGATIVE DECLARATION OF NEED FOR AN EIS FOR MILLS FLEET FARM DEVELOPMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of a request for Comprehensive Plan Amendment for a chanl!:e in land use desil!:Dation from industrial to commercial and a request for rezoninl!: from I-tA (Lil!:ht Industrial) to B-3 (Limited Business) North side of East Chelsea Road. Applicant: Mills Properties. Inc. Consulting Planner, Steve Grittman provided the background information for agenda items #9 and #10 relating to rezoning issues for the Mills Fleet Farm site. The property on the north side of Chelsea Road is a 2.3 acre site. The applicant is requesting a comp plan amendment to change the use from industrial to commercial and a rezoning of the property from I -I A to B-3 or B-4. The Planning Commission met on this item on June 5, 2007 and met on the parcel on the south side of Chelsea Road in May and again in June. Both sites are guided as industrial and are requested to be changed to commercial. The south site is the location for the main store and the north parcel would be the site of the convenience store/gas station. Brian Stumpf pointed out that at the meeting in May only three of the Planning Commission members were present and in June four of the members were present. The Planning Commission recommended 2-1 against any change to the comp plan and rezoning for the property on the south side of Chelsea Road but recommended 2-1 in favor of the rezoning and comp plan amendment for the property on the north side. The staff report laid out the pros and cons which Steve Grittman briefly summarized. Factors supporting the rezoning included: 1) Location of industrial with current transportation facilities and development pattern. There are new conditions in this area since the comprehensive plan was 7 City Council Minutes: 6/25/07 adopted. With the interchange in place, this area would be considered a strong commercial site; 2) Site is consistent with commercial land use traits because of the freeway exposure; 3) Adjacent land uses are not exclusively industrial. The current land use pattern is industrial land to the east and west, commercial land to the south and to the northeast and vacant land to the north so it is a mixed use area. Factors to consider in not rezoning the site include an increase of traffic on Chelsea Road and different types of traffic use. Incompatible interest of commercial site could affect the value of industrial property. It was noted the opposition was not to the Mills Fleet Farm but the location proposed for the facility. Brian Stumpf noted under the alternatives there was an option for rezoning the site to a PUD district. He asked if there were other areas in the community that work for a PUD district or would this type of district create havoc. Steve Grittman respond that a PUD district would allow the City to look at it site by site. It could be transition zoning or site specific zoning. Clint Herbst said when you go with a PUD district it seems to say that the City is not comfortable with the zoning ordinance. Perhaps rather than covering all developments as a PUD the City should be looking at changing the zoning ordinance. He felt since the City knows what is going in on this site there is no need for a special zoning designation. Brian Stumpf would prefer not to see another zoning designation established. Clint Herbst asked how the proposed development on the north side of Chelsea Road differed from the Moon Motorsports development on the other end of town. Steve Grittman responded that it did not differ a whole lot. He noted the B-3 district contains essentially auto type facilities such as those for sales, service and repairs. The B-4 is a broader designation so if the Council is going to rezone they should consider the B-4 zoning. Wayne Mayer asked what the ramifications were if the Council made this B-3 and everything else B-4. Steve Grittman didn't feel either rezoning would be a problem. Spot zoning is if you zone something that would be incompatible with future uses. B-3 or B-4 would be compatible. Susie Wojchouski said that she had been opposed to the location of the Mills Fleet Farm because she felt it was necessary for the City to recruit industry. With the economic situation making recruiting of industries less likely it may not be possible to get an industry to this site. The opportunity to get a facility that would make Monticello a regional shopping area is hard to pass up. Wayne Mayer felt the question is whether the zoning should be B-3 or B-4. He would like to see the B-4 zoning be adopted. WAYNE MAYER MOVED TO APPROVE THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING TO B-4 TO ACCOMMODATE THE MILLS FLEET FARM MOTOR FUEL STATION AND ACCESSORY USES BASED ON FINDINGS INCLUDED AS EXHIBIT V DATED JUNE 20, 2007 AS FOLLOWS: 1) THE SUBJECT SITE IS CONSISTENT WITH CLASSIC COMMERCIAL LAND USE CHARACTERISTICS; 2) THE EXISTING SURROUNDING LAND USES ARE NOT EXCLUSIVELY INDUSTRIAL 3) THE REQUESTED ACTION WOULD NOT RESULT IN SPOT ZONING; 4) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL AS THE CITY HAS A LIMITED AMOUNT OF LAND AVAILABLE WITH DIRECT FREEWAY EXPOSURE; 5) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL DUE TO THE FACT THAT THE CONSTRUCTION OF THE CSAH 18 INTERCHANGE HAS CHANGED THE NATURE OF THE AREA ADDING 8 City Council Minutes: 6/25/07 FREEWAY ACCESS AND HIGHER TRAFFIC VOLUMES; 6) THE INCREASED TRAFFIC ON CHELSEA ROAD WILL NOT HAVE A DETRIMENTAL EFFECT ON EXISTING PROPERTIES; AND 7) THE REQUEST WILL NOT CAUSE LAND IN THE AREA IN WHICH IT IS PROPOSED TO DEPRECIATE. TOM PERRAULT SECONDED THE MOTION. Tom Scott wanted verification that findings listed for the rezoning to B-3 would apply to B-4 zoning as well. Steve Gritiman indicated it would. MOTION CARRIED UNANIMOUSLY. 10. Consideration of a request for Comprehensive Plan Amendment for a chanl!.e in land use desimation from industrial to commercial and a request for rezoninl!. from I-IA (Lil!.ht Industrial) to B-4 (Rel!.ional Business) - South side of East Chelsea Road. Applicant: Mills Properties. Inc. Steve Grittman indicated there was no additional background information to be provided and he would address any questions the Council may have. This site would be the location for the main building. Tom Perrault stated that another location had been looked at in the area of Chelsea Road/Dundas RoadlEdmonson Avenue and he wondered why that site would not work for Mills Fleet Farm. Bruce Buxton stated that although the site was similar in size it was not visible from 1-94. The site was surrounded by four streets so there would be four street assessments. There would be multiple landowners involved so negotiation for the acquisition of the site would be more difficult. The site was some distance back from TH 25 and didn't offer any visibility to the public. Lastly the cost for the site was not feasible. Susie Wojchouski asked ifthere were any other sites they had considered. Mr. Buxton stated they looked at a site to the south which had power lines running through it which would keep them from placing a facility of their size on the site. They had looked four sites but they were narrow and didn't allow placement of the building on the site as well as meeting the parking and setback requirements of the ordinance. Wayne Mayer asked when there would be a ground breaking for the facility. Ron Brezinski, CFO for Mills Fleet Farm said that was not known at this time. They try to do one new facility a year. When the planning process is completed they can then do the calculations to determine when the site should be developed. WAYNE MAYER MOVED TO APPROVE THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING TO B-4 , REGIONAL BUSINESS TO ACCOMMODATE MILLS FLEET FARM RETAIL STORE BASED ON THE FINDINGS FOR APPROVAL INCLUDED AS EXHIBIT V OF THE JUNE 25, 2007 COUNCIL REPORT AS FOLLOWS: 1) THE SUBJECT SITE IS SURROUNDED BY A MIX OF LAND USES AND THE AREA IS NOT EXCLUSIVELY INDUSTRIAL; 2) THE REQUESTED ACTION WOULD NOT RESULT IN SPOT ZONING; 3) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL DUE TO THE LIMITED AMOUNT OFLAND WITH THE CITY WITH FREEWAY EXPOSURE; 4) THE HIGHEST AND BEST USE OF THE LAND IS COMMERCIAL AS THE CONSTRUCTION OF THE CSAH 18 INTERCHANGE HAS CHANGED THE NATURE OF THE AREA ADDING FREEWAY ACCESS AND HIGHER TRAFFIC VOLUMES; 5) THE INCREASE 9 City Council Minutes: 6/25/07 TRAFFIC ON CHELSEA ROAD WILL NOT HAVE A DETRIMENTAL EFFECT ON EXISTING PROPERTIES AND 6) THE REQUEST WILL NOT CAUSE LAND IN THE AREA IN WHICH IT IS PROPOSED TO DEPRECIATE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie W ojchouski commented that the City needs to remain truthful to the industrial users and that if anything comes about the City will make sure to act on any questions of incompatible uses to ensure that issues are worked out. It is a partnership between the businesses, industries and the City. Brian Stumpf thanked those who offered comments on the issue and stated that he felt industry and commercial can be compatible uses. 11. Consideration of a request for a Conditional Use Permit for Concept Stae:e and Development Stae:e Planned Unit Development approval for a multi-tenant shoppine: center. a Conditional Use Permit for Outdoor Storae:e. a Conditional Use Permit for a car wash. a Conditional Use Permit for a motor fuel station/convenience store. a Conditional Use Permit for minor auto repair. and preliminary plat approval. Applicant: Mills Fleet Farm. Steve Grittman reviewed the agenda item and the site plan which was reviewed by the Planning Commission on June 12, 2007. The CUP is for concept and development stage POO. Eighteen conditions were proposed to be applied if the Council approved the comp plan amendment and rezoning. Ofthe eighteen conditions, nine were agreed to by the applicant and four were stricken by the Planning Commission. The remaining five would be considered as part of the Council approval. The items deleted by the Planning Commission related to 1) Allowing only one access on Chelsea Road; 2) The use of pavers in the pedestrian crossing and handicap accessible areas of the parking lot; 3) Showing the entrance to a lot that is proposed for future development and 4) The cap of the silo shall be cream or white in color rather than orange. The Planning Commission voted 3-1 in favor of approving the CUP for the PUD, the CUP for outdoor storage, the CUP for car wash, motor fuel station/convenience store, and minor auto repair and the preliminary plat. The conditions remaining to be resolved include: 1) Size of the pylon sign; 2) Temporary cul- de-sac at the east end of Dundas Road; 3) Location of fuel pumps; 4) Revisions of the elevations to the retail store and 5) Revisions to the car wash design. The applicant was requesting a pylon sign 50 feet in height and 400 sq ft of area while staff was recommending 32' in height and 200 sq ft in area. While the Planning Commission had recommended a compromise between the two they did not specify what size they felt would be acceptable. The condition calling for the temporary cul-de-sac at the east end of Dundas road west of the Mill Fleet Farm site to become a permanent cul-de-sac was discussed but the Planning Commission was not sure these improvements should be part of Mills Fleet Farms cost. Clint Herbst asked what reason the City wanted to keep that part of Dundas Road. He felt the property could be vacated and go back to the original property owners. John Simola said as long as they have the proper site distance and snow storage the City is okay. Bret Weiss said they have to get the property owners to agree to work out the access issues. The City would keep any easements they have. Bret Weiss said there is no reason the City would want to 10 City Council Minutes: 6/25/07 keep the right-of-way but he questioned whether the property owners could resolve the issues. Clint Herbst asked where the cul-de-sac would be located. Bret Weiss said it would not all go within the right-of-way but would encroach onto the Mills Fleet Farm site. Wayne Mayer agreed that it would be nice to be able to vacate the street. He questioned the value of having a stub road. Susie Wojchouski asked if any promises had been made to anyone relating to Dundas Road. John Simola felt you have to involve those property owners in the decision Clint Herbst felt this item needed further investigation. The reorientiation ofthe gas pumps was recommended based on one access to the north site. If the City allows the two accesses the relocation of the pumps would not be necessary. The Council felt the convenience store site needed two accesses for movement oftraffic and safety considerations. The Planning Commission felt additional fai;:ade improvements to the building should be made and those improvements should be specified in continued discussions with Mills Fleet Farm. Fai;:ade improvements to the rear exposure of the car wash facility was recommended. The Planning Commission felt as a commercial site with the exposure it has to the freeway there should be some additional improvements made but did not specify what. Bruce Buxton addressed the five items. The car wash site has an 85' easement on the north side adjacent to the freeway. That land is being used for stacking for cars entering the carwash. He noted that the carwash is a harsh environments and the design of the building was meant to withstand those conditions. Clint Herbst stated they weren't suggesting drastic change in design merely dressing up what is there. Bruce Buxton felt because the ordinance required that they landscape so that the building is 60% opaque to the freeway the design dressing was not necessary. The building is 14' high and with the landscaping most people won't even see the carwash from the freeway. As far as architectural changes to the building, Mills Fleet Farm offered to take the Council, Planning Commission and staff down to see their facility in Rochester which is currently under construction. Wayne Mayer asked if the pylon sign being used at Rochester was the same one they were proposing for Monticello. The City of Rochester allowed them to place the 400 square foot sign that they had originally asked for here. Bruce Buxton stated that the 400 sq. ft. sign is allowed by conditional use permit under city ordinance. Wayne Mayer asked why staff wanted the sign area reduced. Jeff O'Neill said there was no other sign competition so stafffelt it could be smaller. Steve Grittman said the sign of that size is allowed specifically for shopping centers where there are multiple tenants. Mills Fleet Farm felt they were a shopping center even though they are the only tenant in the facility. Wayne Mayer stated he did not understand why the City was trying to impede their strategy. He felt if it was within City ordinance why not give it to them. Steve Grittman responded that this is a single tenant use not a shopping center. Wayne Mayer felt if you want to limit signs you achieve it by changing the sign ordinance. Otherwise the City should permit the signage allowed by ordinance. Staff indicated that 32' x 200' is what the ordinance would allow. Rod Dragsten, Planning Commission Chair noted that in looking at the sign, they looked at the size ofthe building proposed. It was noted that the silo with the colored dome which is the Mills Fleet Farm trademark is more of their signature than the sign on the interstate which 11 City Council Minutes: 6/25/07 is why they left the sign area at 200 square feet. Brian Stumpf felt because of the size of the building the larger sign could be justified. Bruce Buxton reviewed the store design and how they tried to break up the big box appearance. Susie Wojchouski asked about the pavers on the pedestrian walkway. Bruce Buxton said the pavers create depressions for ice and are slippery. The truncated domes alert pedestrians that they are going into traffic. Tom Perrault asked what the width of the entrances would be. He is concerned with the increased amount of traffic on the road that there is adequate width for trucks. Bruce Buxton stated Mills Fleet Farm has agreed to install turn lanes which could be added as part ofthe Chelsea Road project. He noted the extra entrance would have a larger radius for truck traffic. Bruce Buxton brought up the issue of storm water from the gas station site. They were of the understanding that the runoff would be directed to what is known as the Fallon pond. They were informed that the runoff needs to be going to the School pond. The Fallon pond is closer and they would prefer that be where the runoff is directed. He added that they are required to have a spill prevention plan in place for their operation. Bruce Westby stated the Fallon pond was not sized to accommodate the runoff from the north site. John Simola stated if the Fallon pond receives a spill it would go right into the wellhead system. If the spill occurs at the School pond it goes through a series of ponds before it goes to the Mississippi. John Simola said they could review with Mills Fleet Farm how to get the water to the School pond and what to do if there is not enough elevation. Staff felt redirecting the flow to the School pond was the way to go. The engineer felt changes in elevation or increase in pipe size would allow the runoff to be directed to the School pond. Bruce Buxton stated he was not prepared to discuss increases in the pipe size. He asked if the Fallon pond had an oil skimmer or any kind discharge preventer at the outlet. Bret Weiss felt directing the flow to School pond could be more costly. John Simola stated he had been prepared to make an objection to the EA W but because he was told that the runoff was going to go to the School pond he didn't write the letter of objection. Had he known the flow was not going to School pond that letter would have been sent. Jeff O'Neill asked the staff to discuss more about going from 2 accesses to I access for the gas station site. Bruce Westby reviewed the reasons they had requested only one access to the property. The traffic volumes and speed on the roadway (45 mph) indicate this is a minor arterial, On a minor arterial you try to limit private driveways to one to every 140' of space. He felt they could redo the site design and realign the pumps so there would be sufficient room for trucks to dump their fuel and leave making only one access necessary. Clint Herbst felt because ofthe nature of what is happening out there it would be in the best interest to have to two accesses. BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR CONCEPT STAGE AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT APPROVAL FOR A MULTI-TENANT SHOPPING CENTER, A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, A CONDITIONAL USE PERMIT FOR A CAR WASH, A CONDITIONAL USE PERMIT FOR A MOTOR FUEL STATION/CONVENIENCE STORE, A CONDITIONAL USE PERMIT FOR MINOR AUTOR REPAIR AND PRELIMINARY PLAT APPROVAL FOR MILLS FLEET FARM WITH THE CONDITIONS OF EXHIBIT Z AS MODIFIED: I) TWO ACCESSES WILL 12 City Council Minutes: 6125107 BE ALLOWED FOR THE CONVENIENCE STORE SITE THUS ELIMINATING CONDITION #13; 2) THE PL YLON SIGN APPROVED AS REQUESTED BY APPLICANT 50 FEET IN HEIGHT AND 400 SQUARE FEET OF AREA; 3) CONDITIONS #9, #14 AND #15 SHALL BE LOOKED AT FURTHER. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Stewart Mills thanked the Council and staff for the courtesy extended to them and gave a history of their firm. He pointed out that they did not request any assistance from the City such as TIF to locate in Monticello. 12. Consideration of award of bids for Chelsea Road Improvement Proiect. City Proiect No. 2006-31C. The City received 13 bids for the project with Latour Construction submitting the low bid. The base bids ranged from $1,291,907 to $1,639,891. As part of this project four alternates were bid: I) Concrete pipe, 2) HDPE pipe; 3) Pathway with concrete pipe or 4) Pathway with HDPE pipe. The bid was less than the engineer's estimate. WSB recommended moving forward with the bid using the concrete pipe. If the City decided to proceed with the pathway it would add approximately $64,000 to the project cost. Once the Council determines what alternatives they would approve the assessments would be recalculated and brought back to the Council. Brian Stumpf asked why they felt the City should go with concrete pipe even though it is more costly. Bret Weiss responded that concrete pipe is part of the City design standards. This road would carry a lot of traffic and they feel concrete would hold up better. RCP is more stable and less likely to crush. Brian Stumpf stated he is not in favor of the trail that is being proposed and Susie Wojchouski concurred. Jeff O'Neill responded that the City is putting a lot oftraffic on the road. He felt this segment of pathway would have a lot of use because of the school and residential areas. Wayne Mayer felt for the price it would be worth it to have this pathway in place. Susie Wojchouski stated the industries didn't want a lot of pedestrian traffic going through an industrial area. Clint Herbst asked if the City would be picking up the cost for the pathway. Bret Weiss said the other option is to have the property owners construct the pathway as development occurs. Shawn Weinand stated when they committed to the project they supported a pathway on Chelsea Road. Their assessment includes the pathway. Wayne Mayer wanted to emphasize the Fallon Avenue overpass safety issues and that is a reason for the pathway. With the bid coming in less than the engineer's estimate that cost savings could be utilized for installation of the pathway. The original feasibility report covered expanding the pond at the reservoir site but that was pulled out of the project. The wellhead protection group wanted the pond lined but that was not included in the project. The pond issue will be something that will be coming back at a future date. Brian Stumpf asked how much money had been set aside for assessment. Bret Weiss responded $844,000 for this project which included the pathway and lighting. The agreement with Weinand is that the road would be constructed with a pathway. Susie Wojchouski asked 13 City Council Minutes: 6/25/07 for verification that the industries were not being assessed for the pathway and lighting. Bret Weiss indicated that was his understanding. Tom Perrault stated when the Fallon Avenue overpass comes in he would look at the pathway but at this time he does not support it. WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR CHELSEA ROAD IMPROVEMENTS, CITY PROJECT NO. 2006-31 C TO LATOUR CONSTRUCTION BASED ON THE TOTAL BID ALTERNATE #3 WITH RCP PIPE AND PAVING A BITUMINOUS TRAIL FOR A TOTAL OF $1,793,671.98. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 13. Consideration ot rieht-ot-wav issues includine sale of excess rieht-ot-wav and acquisition ot needed rieht-of-wav on the Chelsea Road Improvement Proiect No. 2006- 31C. This item is tied to the Chelsea Road improvement project. The project includes changes to the intersection of Chelsea Road and Fallon Avenue with Fallon Avenue being moved to the east. This realignment will create about 10,000 square feet of excess right-of-way. In order to add a right turn lane and eliminate a curve on Chelsea Road 2,800 square feet of right- of- way will need to be acquired from WCG Building Partners. Bret Weiss stated that WCG has been working with City on relocation of the entrances to their facility. WCG is looking at expanding their facility and could use the excess right-of- way for parking needs. They are requesting that they receive the excess Fallon Avenue right- of-way in exchange for the right-of-way needed for Chelsea Road. Clint Herbst felt improvements to the site and the building expansion would be valid reason to consider the right of way exchange but he would like to see some plans from the property owner before making that decision. TOM PERRAULT MOVED TO TABLE ACTION ON THE RIGHT -WAY ACQUISITION AND DISPOSITION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added items: Group Homes: Residents have expressed some concern about the process of approving group homes. Jeff O'Neill stated group homes are regulated by state and county and does not allow for City to regulate where they should be placed. It is felt that group homes provide a service. State legislature is being asked to adjust regulations so that group homes couldn't be concentrated in one area. Resolution on Special Session: The Council was being asked to support a special session of the Legislature to get the tax bill passed. Because of the veto of the tax bill, the City of Monticello is looking at 10% loss of revenue. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION SUPPORTING A SPECIAL SESSION TO ADOPT THE TAX BILL. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14 City Council Minutes: 6/25/07 Striping: Brian Stumpf stated Sandberg Road south of Chelsea Road has a lot of on street parking and he was wondering if staff could look into striping the parking spaces. John Simola indicated in the past the City had marked crosses to show the parking area but he would look into it and bring it back at the next meeting. Jeff O'Neill noted that General Rental is using their parking for outside sales and storage which is in violation of their conditional use permit. Clint Herbst asked about the erosion problem on Sandberg Road. Bruce Westby reported that they have looked at the problem but have not come up with a solution as to what to do about it. The City has a lift station in the area that they need to access so the City needs the road for that purpose. John Simola also pointed out that there is an area of developable property along the edge of the pond. Clint Herbst asked the staff to look into that. 2007 Sealcoating Bids: John Simola reported that three bids were received for the 2007 sealcoating work with the low bidder being Allied Blacktop of Maple Grove with a bid of $39,201.05. The area proposed for sealcoating is the Cardinal Hills area covering Eider Lane, Falcon Drive and Mallard Lane. Wayne Mayer asked if the City had any history with this vendor. John Simola indicated that the firm had done other work in the City. WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR THE 2007 SEALCOATING WORK TO ALLIED BLACKTOP COMPANY OF MAPLE GROVE, MINNESOTA IN THE AMOUNT OF $39,201.05 WITH THE PROJECT TO BE COMPLETED PRIOR TO THE START OF THE SCHOOL SEASON ON AUGUST 24,2007. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Biosolids: Tom Perrault asked John Simola for an update on the biosolids proposal. John Simola said the City has received a letter from Sunny Fresh outlining what they are willing to do which includes construction of additional treatment facilities. The City is also talking to the City of Otsego about a joint venture. Information will be brought back to the Council in 3-4 weeks. 14. Consideration of approvine: payment of bills for June. 2007. WAYNE MAYER MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adiourn. The meeting was adjourned at 10:20 p.m. Recording Secretary 15 Speci.l Council Meeting Minutes: 6/25/07 I MIN"UTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday June 25, 2007 - 6 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order. The workshop session began at 6 p.m. The purpose of the workshop was to address issues raised at a previous Council meeting relating to the rental property licensing ordinance. Temporary Landlords - Examples of these would be banks that had foreclosed on properties or executors of estates where the property was being rented until it could be sold. It was noted that in a foreclosure the borrower retains possession for a six month redemption period. An exemption could be given for that six month period but if the continues beyond the six month period then a license would be required. Bad Tenants - This issue was raised by a landlord who said he could not evict his tenant during the winter months. Legal counsel, Tom Scott said he is not aware of any statute or regulation that states a tenant cannot be evicted in the winter. Clint Herbst said the tool for the landlord is the letter of non-compliance from the City. The landlord can then take the tenant who is in non-compliance to court. Brian Stumpf said it was not the City's goal to physically stop tenants from bad their behavior but to give the landlord the means to take care of it. Ifthe landlord is working with the City to correct non-compliance no adverse license action goes against their permit. Tom Scott stated the landlord needs to have in their lease the provisions outlined in the ordinance. Brian Stumpf expressed concern about the need to send out three notices. DJ Hennessey stated the three notices covered three different occurrences. Brian Stumpf also questioned the revocation of the license ifthere are three violations in a three month period. He felt it should be a longer period of time such as three violations in a twelve month period. He also felt it should be three notices per tenant. Staff stated in that situation then it would be necessary for staff to track tenants rather than the property owner. Susie Wojchouski felt the three strikes is per unit rather than three strike applying against all the units in the complex. Staff concurred. Susie Wojchouski questioned the complaint process. The tenant has to notify the property owner of the non-compliance prior to the City going out there to inspect the site. If the violation does not exist the tenant pays the inspection fee. Susie Wojchouski asked about tenant complaints and what fees are charged. DJ Hennessey stated if the landlord has been notified by the tenant ofthe non-compliance but has not corrected the tenant is not charged for the inspection. Otherwise inspection fees are $50/hour with a minimum of one hour. I Special Council Meeting Minutes: 6/25107 Inspection from other entities such as HUDI or MHF A were also discussed. In developments financed by HUD or MHFA there are required inspections. Owners of those types of units question the need for an additional inspection by the City as it just adds to the cost of inspections that the landlord must pay. Clint Herbst felt the most intensive inspection list of the various agencies involved is what should be followed. John Bergstad representing Cedar Crest Apartments submitted some examples ofHUD inspection documents. Clint Herbst believes that initiating the rental housing licensing ordinance will be a big undertaking that will have to be handled by existing staff as more personnel will not be added. Allowing inspections by other entities such as HUD or MHF A to be used as inspection for the rental property license would ease some of the work load of staff as well as reduce duplication of services. He suggested that staff look at the inspection reports ofHUD and MHFA and see what is being covered. If the inspections cover the essentially the same items the City's licensing inspection would cover, the Council felt a HUD or MHF A inspection could be accepted in lieu of the City having to do the inspection. The HUD or MHF A inspection would have to be done within six months of the licensing process. The City's inspections should being focusing on those properties not inspected by other agencies. Clint Herbst felt those inspections done by other agencies and the information they contained should be passed along to the City. The City should be working with other inspecting agencies to eliminate duplication but yet assuring all items are covered in the inspection process. Tom Scott asked about the HUD inspectors and was told they are federal or state employees (depending on what agency did the funding). There was some discussion whether the inspections of the other agencies could be done so as to coincide with the licensing time frame of the City. Gary Anderson cautioned saying there are residential units that government financed and these units are some of the worse problem areas. Jeff O'Neill agreed that in lieu ofa City inspection the City could accept a written inspection from HUD as long as it was done within six months of the City's licensing period. The fees proposed to be charged under this ordinance were reviewed. Clint Herbst felt the fees were too high. DJ Hennessey talked about the Star Program which gives a reduced rate to those landlords who meet certain criteria set forth in the program. Brian Stumpf asked ifthere liability issues if something occurs after an inspection has been done. Tom Scott stated generally there is not any City liability. Clint Herbst said getting the ordinance up and going will a huge undertaking and staff should focus on that. If after a period oftime staff finds they need to re-inspect HUD inspected homes it can be done. John Bergstad said that in HUD inspections each year a random number of units and the common area is inspected. The landlords cannot tell the HUD inspectors what to inspect or which units to inspect. John Bergstad said if the landlord doesn't respond to the issues listed in the inspection report, they could lose funding. He also said the manager for the complex inspects the units every six months so they do in-house inspections as well. Clint Herbst felt that non-homestead property should be the focus of staff. Tom Scott asked if homestead property would be exempt from the licensing procedure. Clint Herbst suggested having everyone who is a renting a home sign up with the City and if the property is 2 Special Council Meeting Minutes: 6/25/07 homesteaded there would be no charge. Should the homestead property status change and the City is not notified the property owner should be highly penalized. Clint Herbst felt it was important to get this process started as soon as possible with the realization that the ordinance may change once it has been in operation. The initial inspections required by the ordinance will take considerable staff time. Clint Herbst asked how this was going to be scheduled. Do they start in one area and then work through another area? Is there a late fee established if the property owner doesn't apply for a license. The fee proposed was $60 but Council felt it was high. Susie Wojchouski asked about bonding of employees. Gary Anderson said city staff would ask the owner or manager to make arrangements with the City to have a representative ofthe landlord with the city inspector when the inspection is done. John Bergstad said the landlord has to give tenant written notice of an inspection. Gary Anderson indicated the Council will periodically get a green sheet report on the licensing activities. Tom Scott asked about the August 1st license application deadline and whether it should be moved back to September I st. John Bergstad asked how much lead time the City would give them on inspection notices. Workshop closed at 6:45. Recording Secretary 3 Council Agenda: 7/9/07 I I I SA. Consideration of approvin2 new hires and departures for MCC. Water and LiQuor Store. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Water Department and Liquor Store. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: 1. Ratify the hiring/departures of the employees as identified on the attached list. C. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Linda Goodwin CashierlStocker Liq Store 6112107 PT Jay Kovich W & S Coli Asst Water 6111107 Seasonal Lori Blake Slide Attendant MCC 6114107 PT Daniel Gallagher Climbing Wall Attendant MCC 6115107 PT Jonathan "JJ" O'Brien Climbing Wall Attendant MCC 6118107 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Darian Riley voluntary MCC 6/1/07 PT Alicia Solorz voluntary MCC 1131107 PT Sandra Hindermann voluntary MCC 6/1107 PT Corey Johnson voluntary MCC 6/1/07 PT employee councillist.xls: 612612007 Council Agenda: 7/9/07 5B. Consideration of aDDrovinl!: aDDointmentl for Parks Commission vacancy. (JO) I A. REFERENCE AND BACKGROUND: The Parks Commission has been actively look for applicants to fill the vacancy created when Fran Fair submitted her resignation. At the meeting on June 28, 2007 the Parks Commission talked to Gene Emanuel about his interest in the position. Gene Emanuel has been involved in the community since he has lived here most recently serving on the Task Force for the Comprehensive Plan Update. In addition he has worked with youth football, girls softball, girls basketball and youth softball. The Parks Commission recommends that the City Council approve the appointment of Gene Emanuel to fill the vacancy on the Parks Commission. B. ALTERNATIVE ACTIONS: 1. The Council appoint Gene Emanuel to fill the vacancy on the Parks Commission. His term would run through December 2009. 2. Do not approve the appointment. C. STAFF RECOMMENDATION: The Parks Commission has spent some time trying to find candidates for the Parks Commission. The Parks Commission wanted an individual who represented the east side of the City which Gene Emanuel does. The Parks Commission also looks to have people who provide different perspectives on the park system. Gene Emanuel's involvement in the various sports association was an asset that the Parks Commission felt would be very useful. The Parks Commission and City Administrator recommend the appointment of Gene Emanuel to fill the position held by Fran Fair. D. SUPPORTING DATA: None. Council Agenda: 7/9/07 5C. Consideration of Authorizinl!: an appraisal on the Jamison Parcel. (10) A. REFERENCE AND BACKGROUND: City Council is asked to consider obtaining information on the value of the Jamison parcel with the thought that purchase of the site and potential resale for development may be the best way to address access issues to the site. Following is a quick summary ofthe reasons supporting potential purchase ofthe site. As you may know, the limited access crossing at Territorial Road will be eliminated in June of2008 per an agreement with Burlington Northern. It was agreed to close the Territorial Road crossing in exchange for opening the crossing at Highland Wat. For a number of months, the City has been working with Duffy and Merill Busch in an effort to establish access to the Jamison parcel. At best, the City will likely be able to get agreement from Busch to allow a simple driveway to cross the Busch property. Such a driveway would provide access roughly equivalent to the potential level of access that Jamison's had via the former Territorial Road access. This limited level of access though equal to the limited level of access originally available (due to RR restrictions) does not alleviate the semi "landlocked" situation where the 7 acre site possesses drive access that can support a few homes at the most. Following are alternatives for providing full access to the Jamison site that have been explored. 1. Cooperation between property owners. For a number of months, it has been hoped that the Jamison and Busch families could get together developing a joint plan for developing the area. It is not expected that this approach will work. Jamison's do not wish to negotiate with Busch under circumstances where they have limited access and have asked the City to condemn for the necessary roadway through the Busch property which would provide them the opportunity to develop their parcel independent from the Busch parcel. 2. Condemnation of land for the Roadway. As noted above, the Busch family will support allowing a driveway across the site, but they do not support road development that would be needed for independent development of the Jamison site. The Busch family would like to see the two sites assembled into one parcel which would enhance the potential for creating a quality development area and protect the integrity of the Rand site. The City could select this option but it would be at a significant cost. 3. City Acquisition of the Jamison Parcel. Under this option, the problem of providing access would be solved through purchase of the Jamison parcel followed by efforts to work cooperatively with Busch toward development of a superior development proposal in this area. The concept includes resale of the Jamison parcel to a developer at which time the City would recover the costs of acquisition. This option does have some risk as it presumes that the Busch family will work with the City in assembling a development site and will thus provide access to the site freely. B. ALTERNATIVE ACTIONS: I. Motion to authorize ordering an appraisal for determining the value of the Jamison Parcel Council Agenda: 719107 This option should be selected for the purpose of identifying potential offering price on the parcel. City staff would obtain quotes from qualified Appraisers and authorize the work accordingly. 2. Motion to deny request for authorization to purchase the Jamison parcel. C. STAFF RECOMMENDATION: The City Administrator recommends alternative I for reasons noted above. This option would provide information necessary to make an offer on the property. Given the various options for providing full access to the Jamison site, it appears that purchasing the property at fair market value, then reselling in the future is the best plan at this time. Merrill and Duffy Busch have been in close communication with City staff over the past few months and we believe that they will work with the City cooperatively toward development of a superior plan for the area that will result in full access to the parcel. D. SUPPORTING DATA: Aerial Photo - Jamison/Busch Parcels Council Agenda: 7/9/07 5D. Consideration of resolution approvinl!: charitable l!:amblinl!: license for VFW Post #8731. (JO) A. REFERENCE AND BACKGROUND: The VFW Post 8731 is requesting approval to conduct charitable gambling operations at 713 Cedar Street. Prior to the State Gambling Control Board issuing a license, the City Council must pass a resolution approving or denying tbe application. Staff is not aware of any reason why Council would not allow the state to issue this license. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution authorizing tbe State Gambling Control Board to approve the charitable gambling license to the VFW Post 8731 to conduct charitable gambling activities at 713 Cedar Street. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: City Administrator recommends the resolution autborizing the issuance oftbe charitable gambling license be adopted. D. SUPPORTING DATA: Resolution Financiallnformation CITY OF MONTICELLO RESOLUTION NO. 2007-52 RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, VFW Post 8731 has submitted an application to the City Council of Monticello for renewal of a charitable gambling license to conduct gambling activities at the VFW Club located at 713 Cedar Street; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board. 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() ;;:J J) r:. lJi 0 .c l\ ~S' r- < ..n tJ ()l 0 r -..lj en " J .J \ ~, -l '\ ~ CHARITABLE GAMBLING lICENSE VFW POST 8731 Name Monticello Youth Football Friends of Monticello Library Monticello-Big lake Hospital VFW National Home for Children Functional Industries Nick Wirtz Ryan Daleiden Monticello Sr. Citizens Center Monticello Graduation Party Monticello Sr. Citizens Center VFW National Home for Children Monticello Youth Baseball Tim Connors Monticello Food Shelf Monticello Percussion Theatre City of SI. Cloud Vets Plaza SI. Cloud VA Medical Center Monticell Sr. Citizens Center MH II Skills MHF Girls Team Booster Club Montivello VFW Youth Baseball Premier Bank - Monticello Monticello Sr. Citizens Center Spectrum High School J.O.Y. Center City of SI. Cloud Vets Plaza Kristie Sawatzke Johanna Christenson K-Mart Curt Fischer Monticello Sr. Citizens Center SI. Cloud VA Medical Center The Secret Closet Allen Carter Nathan Graen Friends of Monticello Library Sams Club Cub Foods Wal-Mart Nancy Brown Denise Adams Rivers of Hope Veterans on the lake Monticello Sr. Citizens Center North Memorial Ambulance Service Cub Foods VFW Supply Dept Monticello Sr. Citizens Center Mn Military Family Foundation Nat'1 Fire Safety Council Moose Sherritt Ice Arena Muscular Distrophy Assn. Daniei Rakenbrodt NWC River Hawks Hockey Salvation Army Date 512112007 512112007 512112007 512112007 512112007 512112007 512112007 512112007 412312007 412312007 412312007 412312007 412312007 4123/2007 412312007 312112007 312112007 3121/2007 3/26/2007 3126/2007 3126/2007 3/26/2007 2/22/2007 2/2212007 2/22/2007 2/2212007 2/2212007 2/2212007 2123/2007 1122/2007 1/29/2007 1/29/2007 1/29/2007 1/29/2007 1/29/2007 1/30/2007 1212/2006 1212/2006 1212/2006 1213/2006 1214/2006 1212812006 1212812006 1212812006 1111812006 11120/2006 1112212006 1112412006 1112412006 1112712006 1112712006 11/2712006 1113012006 1113012006 1012412006 Amount $800.00 $1,000.00 $200.00 $100.00 $200.00 $500.00 $500.00 $300.00 $500.00 $300.00 $100.00 $1,500.00 $500.00 $250.00 $500.00 $100.00 $200.00 $300.00 $100.00 $639.96 $1,500.00 $200.00 $300.00 $100.00 $200.00 $200.00 $500.00 $79.20 $102.20 $330.00 $300.00 $200.00 $250.00 $500.00 $500.00 $500.00 $427.25 $300.00 $300.00 $350.00 $240.00 $100.00 $200.00 $300.00 $136.35 $300.00 $665.00 $300.00 $200.00 $180.00 $1,425.00 $100.00 $300.00 $1,000.00 $100.00 DescriDtion of donation Football Jerseys Sculpture Fund Bike Helmets Help homeless children Support the disabled School scholarship School scholarship Recreation and activities Chemical Free Party Recreation and activities Help homeless children Sponsorship of team School scholarship Help the poor Help High School Students Veteran's picnic Vietnam Moving Wall Recreation and activities Matt Salo Truck Tech Scholarship Training Drivers Sponsorship of team Ashley Goodwin Fund Recreation and activities Postage for troop packages to Iraq Help Troubled Teens Flowers and Supplies School scholarship Taking Vets to Vets Hospital Phone cards for Iraq veteran Relieving the effects of poverty Recreation and activities Hospice Project High School Prom Day Wheel Chair Ramp School scholarship Come Read with Me Project Food for VFW Membership Dinner Gift Cards for Membership Dinner Gift Cards for Membership Dinner Entertainment-VFW Membership Dinner Cater VFW Membership Dinner Support Support handicapped veterans Recreation and activities Transport Vetran from Hospital Big lake Food Shelf Honor Guard Uniform Shirts Recreation and activities Delta Battery 216 Christmas Party Fire Safety Education Program Purchase Official Game Timer Support Winner of Voice of Democracy Girls Youth Hockey Thanksgiving Donation for Meal CHARITABLE GAMBLING LICENSE VFW POST 8731 Name Wings of Mercy Great River Regional Library Monticello Sr. Citizens Center Christine Joy DeMars Moose Sherrill Ice Arena Jim Heger Monticello-Big lake Nursing Home VFW Supply Dept Monticello Sr. Citizens Center Rink Links Hockey Dept of MN VFW Girl Scouts Troop 348 SI. Cloud VA Medical Center Kristina Westerhous Cub Foods Monticello High School Sarah Zieman Monticello Sr. Citizens Center Hospital Recreation Fund Monticello VFW Youth Baseball Monticello Sr. Citizens Center Monticello Youth Football Monticello VFW Youth Baseball Monticello Sr. Citizens Center Operation Uplink MHS Football Booster Club MDA Girl Scouts Erin Mapes Brandon Johnson Monticello Food Shelf Monticello Public Schools Monticello Sr. Citizens Center Moose Sherrill Ice Arena Fort Snelling Military Museum MBlH Bike Rodeo Great River Regional Library Rink Links Hockey Monticello Fire Department Veterans on the lake Friendship Ventures Cub Foods Monticello Sr. Citizens Center Monticello-Big lake Nursing Home Because We Care Benefit Nancy Pederson Benefit Monticello High School Catherine Bollig Maus Foods Cub Foods MHS Girls Golf Team Operation Uplink Mn St Veterans Memorial Ass'n City of SI. Cloud Vets Plaza Special Olympics Monticello Sr. Citizens' Center Date 10/24/2006 10/24/2006 10/24/2006 10/24/2006 10/24/2006 10/24/2006 10/24/2006 10/19/2006 9/28/2006 9/28/2006 9/28/2006 9/28/2006 9/28/2006 9/28/2006 8/9/2006 8/23/2006 8/23/2006 8/23/2006 8/23/2006 8/23/2006 7/26/2006 7/26/2006 7/31/2006 6/21/2006 6/21/2006 6/21/2006 6/21/2006 6/21/2006 6/21/2006 6/21/2006 6/21/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/24/2006 5/26/2006 4/25/2005 4/25/2006 4/26/2006 4/26/2006 4/26/2006 4/26/2006 4/26/2006 4/26/2006 4/29/2006 3/20/2006 3/20/2006 3/20/2006 3/20/2006 3/20/2006 3/20/2006 3/20/2006 3/20/2006 Amount $200.00 $100.00 $300.00 $500.00 $400.00 $27.20 $1,000.00 $640.00 $300.00 $800.00 $300.00 $125.00 $500.00 $500.00 $199.43 $100.00 $500.00 $300.00 $50.00 $2,000.00 $300.00 $700.00 $2,000.00 $300.00 $200.00 $500.00 $100.00 $200.00 $500.00 $500.00 $2,500.00 $200.00 $300.00 $1,000.00 $100.00 $200.00 $250.00 $500.00 $200.00 $200.00 $200.00 $150.00 $300.00 $1,000.00 $300.00 $300.00 $50.00 $500.00 $200.00 $200.00 $820.00 $500.00 $100.00 $200.00 $200.00 $2,000.00 Descriotion of donation Medical Air Transport for Needy Children's Books Recreation and activities School schoiarship Skate Sharpener Drive Vet to VA Hospital Christmas party for Residents Uniform Shirts Recreation and activities High School Hockey Veterans Pheasant Dinner Sponsor Holiday Fund School scholarship Youth Baseball Banquet Wall of Fame School scholarship Recreation and activities VA Hospital Sponsorship of team Recreation and activities Sponsorship of team Sponsorship of team Recreation and activities Phone cards for veterans Bus for summer football camp Support Support School scholarship School scholarship Food for Needy Gifted Talented Programs Recreation and activities Ice Time Support Bike Helmets Help Kids Read Program Support School Hockey Relief Association Assistance Assist Disabled Monticello Food Shelf Recreation and activities Donation towards handicapped van Assistance - groman Moraas Financial Assistance Academic Date Book Program School scholarship Monticello Food Shelf Big lake Food Shelf Tournament Expenses & Golf Mats Phone cards Support Planting Flowers & Maintenance Support Recreation and activities CHARITABLE GAMBLING LICENSE VFW POST 8731 Name leslie Stork Fund US Naval Sea Cadet Corps Ted Farnam Monticello Sr. Citizens Center Monticello High School Band Cory R Stenburg Jacqueline Crass Muscular Distrophy Assn. Make A Wish Foundation Operation Uplink Anok Ramsey Community College Big lake Graduation Party Kevin P Mattson Diana Cacus Monticello Sr. Citizens Center Cub Foods Maus Foods Wal-Mart leona's Catering Nancy Brown Operation Uplink Prodigal House Inc Rivers of Hope Vinland Center Monticello Sr. Citizens Center Friendship Ventures Amanda Holker Cub Foods Toys for Tots Stephanie Helm Monticello Sr. Citizens Center Norwegian Exchkange Fund National Home for Children William Braun St. Cloud VA Medical Center Monticello-Big lake Nursing Home Mn Owls Hockey Girl Scouts land of lakes Council Monticello Sr. Citizens Center St. Cloud Standdown David Anselment Familly Monticello/ Annandale/MapleLake TOTAL Date 3/20/2006 3/20/2006 3/2020/06 2/23/2006 2/24/2006 2/24/2006 2/24/2006 2/24/2006 1/24/2006 1/24/2006 1/24/2006 1/24/2006 1/24/2006 1/24/2006 1/24/2006 12/220/05 12/2/2005 12/2/2005 12/2/2005 12/24/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 12/28/2005 11/18/2005 11/23/2005 11/23/2005 11/23/2005 11/23/2005 11/23/2005 11/17/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 10/26/2005 Amount $150.00 $470.00 $66.00 $200.00 $500.00 $500.00 $500.00 $100.00 $500.00 $200.00 $1,000.00 $200.00 $500.00 $150.00 $200.00 $200.00 $200.00 $200.00 $952.00 $250.00 $500.00 $200.00 $150.00 $300.00 $200.00 $200.00 $500.00 $250.00 $200.00 $500.00 $300.00 $200.00 $200.00 $100.00 $500.00 $1,000.00 $1,000.00 $125.00 $200.00 $200.00 $200.00 $1,000.00 $62,949.59 DescriDtion of donation Family Tragedy Cadet Training Program Transport veteran to VA Hospital Recreation and activities Support Schooi scholarship School scholarship Support Support Phone cards Veterans Scholarship Chemical Free Party School scholarship Take Vets to VA Hospital Recreation and activities VFW Membership Dinner VFW Membership Dinner VFW Membership Dinner VFW Membership Dinner Entertainment- VFW Membership Dinner Phone cards for veterans Support Support Support Recreation and activities Support School scholarship Food Shelf Books Assist needy Recreation and activities National Guard Banquet Support Homeless Children Americanism Essay Holiday Fund Residents Christmas Party Sponsor Sponsor Troop 348 Recreation and activities Support Family Assistance Ice Time 5E. Consideration of Offerinl!: Finance Direc~or Position to Tom Kelly, (JO) A. REFERENCE AND BACKGROUND: City Council is asked to consider offering the Finance Director position to Tom Kelly. Some weeks ago Kelly interviewed with the City Council at a special meeting. Although Kelly was second behind Berg in terms of qualifications, it is my recollection that Council response to his interview was favorable. Please note that throughout the process Kelly has maintained contact with me and has expressed an ongoing, enthusiastic attitude while waiting in the wmgs. As you may recall, Kelly is the longstanding Finance Director for White Bear Township. As you may know, White Bear Township is a semi-urban township with a population over 13,000. Unlike many townships, White Bear Township has a number ofTIF districts, provides water service and operates like a City in many respects. The experience gained by Kelly in this setting will serve him well in Monticello. Most of Kelly's references have been checked and other sources have been contacted regarding Kelly's background. The reports have been favorable in two respects. Kelly is known as a capable Finance Director and he is enjoyable to work with. Staff is continuing to check various sources for information on Kelly. There is also a positive relationship already in place between Cathy Shuman and Kelly. Cathy knows Tom through her work with the Government Finance Officers Association as both served on the Board of Directors at the same time. B. ALTERNATIVE ACTIONS: 1. Motion to authorize staff to offer the Finance Director position to Tom Kelly, current Finance Director for White Bear Township and direct staff to offer a starting salary. Kelly has informed me that his current benefit package includes a salary of $82,300 which includes base wages, goal pay and longevity pay. Kelly is eligible for additional merit pay in an amount ranging from $1,650 to $5,000. He is hoping for a starting pay at the top end of the advertised range $85,000. As you may recall, the top end of the formal salary range for this position is $81,000. Due to market conditions, Council found it necessary to set a salary outside the pay equity range in order to attract a qualified candidate. According to Human Resource Consultant, Sherrie Le, hiring Kelly outside of this pay equity range will not necessarily cause our pay equity program to go out of compliance, but it will move it in that direction. This situation is another reason for Monticello to proceed with hiring a consultant or part time HR person for the purpose of updating our plan. 2. Motion to interview Tom Kelly a second time. 3. Motion to re-advertise the position. C. STAFF RECOMMENDATION: The City Administrator recommends alternative 1. Kelly is a seasoned veteran with energy to face the challenges of a new position. He also has a demonstrated capacity to work well with others. He is going to fit well into the organization. D. SUPPORTING DATA: None. City Council Agenda- 06/25/07 SF. Public Hearin2 - Consideration of a reauest for appeal of Denial of Variance to si2na2e hei2ht and area reauirements. Applicant: St. Benedict's Senior Care Facilitv/CentraCare (AS). A. REFERENCE AND BACKGROUND St. Benedict's has chosen not to proceed with an appeal of the variance denial for sign height and area. The sign application submitted by St. Benedict's meets the requirements ofthe PS District. The sign submittal has been attached for reference. B. SUPPORTING DATA A. 06/22/07 Sign Permit Application 0- h 'iOr:S CAH. S:z~ SQH. Oil. CClO~- ;:>QL~C8LO,( 5'6" + St. Benedict's Senior Community CiENTRACARE Health Syste-m +- Town Centre Guest Services +- Senior Apartments The Village Retirement living The Court Assisted Living Memory Care - 9' X 5'6" STEEL SQ. TUBE CABINET. 12' OAH 6' Gi'l.A.~I1ICS 5,.),LES1vl;l.}J: 3R:';C~ <t~fl.lE":i~ ;lE ~M~_ mE~IE.JiCT.S:-:jlCt(C:JMM(j:-'ITY.IC;::R L()CATION: MONTICELLO. "IN seAL:: 3/5' = " ;)(31 CF 1 DATE: 06.22.07 ~ ~ ~ 'GenIc S/GiV CORP .lO>ll61'i1_C'..o.)"'~JC:;l:'Cl.::l2'.ICll City Council Agenda- 06/25/07 5G. Consideration of a reQuest for Simple Subdivision, Rezoninl! from B-4 (Rel!ional Business) to PS (Public/Semi-Public), Amendment to Planned Unit Development. Applicant: St. Benedict's Senior Care Facilitv/CentraCare, St. Henry's Catholic Church and Home Depot. Inc. (NAC). The Planning Commission heard this item at their June 5, 2007 meeting and recommended approval of the Amendment to PUD, Rezoning, and the Variance to sign setback to accommodate the freestanding sign. The Commission felt that a sign was necessary to identify the entrance to the site. The Commission clarified the reason for displacement of the original sign, as well as the size of the original sign. As discussed in the previous item, St. Benedict's has chosen not to proceed with an appeal of the variance denial for sign height and area. The sign application submitted meets the requirements of the PS District. The Planning Commission acts as the Board of Appeals on Variances. As the Commission approved the variance to sign setback requiremtnts, no Council action on this item is required. A. REFERENCE AND BACKGROUND: The St. Benedict's Senior Community has submitted an application for an off-premise sign to be located at the northeast comer of the intersection of 7th Street and the St. Benedict's Senior Community driveway. The subject site is located at 1301 7th Street. The underlying zoning of the St. Benedict's property is PZM, Performance Mixed Use. The site of the proposed sign is zoned B-4, Regional Business and the neighboring St. Henry's property is zoned PS, Public/Semi-Public. A previous sign identifYing St. Benedict's was displaced with the re-alignment of 7th Street. The proposed sign location is on the Home Depot property, on the east side of the St. Benedict's driveway. Required approvals to accommodate the sign include the following: I. Simple subdivision to separate the subject site from the Home Depot property. 2. An amendment to a Conditional Use Permit for Planned Unit Development to add the property to the existing St. Henry's/St. Benedict's PUD. 3. Rezoning of the parcel from B-4, Regional Business to PS, Public/Semi-Public. 4. A variance for the area of the sign. (No longer needed.) 5. A variance for the required sign setback. Comvrehensive Plan: Monticello's Comprehensive Plan designates this area for performance zoning of mixed uses. Zonini!: The subject site is zoned PZM, Performance Zoned Mixed Use District, which allows for development flexibility and special design control within sensitive areas of the city due to environmental or physical limitations. CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. It is the applicant's responsibility to design the development with significant benefits and communicate those benefits to the City for allowing a CUPIPUD. ANALYSIS St. Benedict's Senior Community is requesting a sign to be located on the east side of their driveway, on the Home Depot property. The subject site currently owned by Home Depot is 623 square feet in area and is platted as Lot 1, Block 2 of Union Crossings. The applicant has stated that this parcel may be as large as 767 square feet in area, but the 623 square foot parcel is the most likely alternative. St. Henry's Catholic Church owns the land on the west side ofthe driveway. A large drainage pond exists on the church property, next to the driveway. A narrative submitted by the applicant states the subject site on the east side of the driveway was chosen due to placement space and safety issues. The St. Benedict's Senior Community is currently part of a Planned Unit Development with St. Henry's Catholic Church. The existing St. Benedict's Senior Community driveway is located partially on the St. Henry's property, and partially on property owned by Home Depot. The applicant has an easement from St. Henry's Catholic Church accordingly. However, no such easement is in place for the Home Depot property. The parcel ofland proposed to be subdivided from the Home Depot property and added to the St. Henry's/St. Benedict's PUD would place the entire driveway on the St. Henry's property. A Memorandum of Understanding to resolve the issue of sign placement has been prepared for all required approvals, and has been attached for reference. Sign. The applicant is proposing an internally lit sign identifying the entrance to the St. Benedict's site. Said sign is blue and white in color, and directs guests to the various services on the St. Benedict's property. The proposed sign is a monument sign 14 feet in height with a face area of 98 square feet. Area and height regulations for freestanding signs are determined based on the speed limit and road classification of the road on which the building is located. The subject site is located on 7th Street, a collector street with a speed limit of35 miles per hour. As such, the applicant is entitled to a sign no greater than 50 square feet in area and 20 feet in height. The newly proposed sign is 50 square feet and 12' in height. Lot Requirements and Setbacks. The neighboring St. Henry's site is zoned PS, Public/Semi-Public. The subject site is to be added to the St. Henry's parcel, and therefore must be rezoned to PS. Signs in any district are required to meet a setback equal to one half of the required setback for the district. As such, the required setbacks for the proposed sign in the PS District, as well as what is proposed, are as follows: Setbacks Front Yard Side Yard Rear Yard Required Proposed 20 feet 5 feet 15 feet 20 feet 3 feet 20 feet 2 The proposed sign is located three feet from the eastern boundary of the parcel proposed to be subdivided from the Home Depot property. A variance is therefore necessary for the applicant to encroach into the required side yard setback. Simple Subdivision. A person may request an administrative subdivision of property described by metes and bounds under the following conditions: a. The purpose of the subdivision is to combine two or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district. b. The purpose of the subdivision is to divide one previously platted parcel into no more than two buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. The applicant is working with Home Depot to subdivide a 623 square foot parcel ofland from Lot 1, Block 2 of Union Crossings, property owned by Home Depot. That parcel will then be combined with the St. Henry's property. Both actions may be processed as a simple subdivision. A metes and bounds legal description ofthe property will be prepared by the City and provided to Home Depot for review. The applicant has indicated that, for tax purposes, the requested subdivision will not be recorded until October of2007. Recording of this subdivision with the Wright County Recorder's office by that date shall be required as a condition of approval. pun Amendment. Adding the 623 square foot sign parcel to the existing St. Henry's property requires an amendment to a Conditional Use Permit for Planned Unit Development for the PUD previously approved for St. Henry's/St. Benedict's. Amending the PUD will accommodate the addition of the land, as well as the addition of the proposed sign. The sign is generally consistent with the existing PUD. Rezone. The neighboring St. Henry's site is zoned PS, Public/Semi-Public. The subject site is to be added to the St. Henry's parcel, as the 623 square foot is contiguous with the St. Henry's property, but not the St. Benedict's property. Therefore, the subject parcel must be rezoned to PS to be consistent with the existing zoning of the St. Henry's property. The proposed land use designation ofPS, Public/Semi-Public is a less intense designation than the existing 8-4 zoning. The proposed rezoning will affect a very small area, and is not expected to have a negative impact on surrounding properties. The change from a B-4 land use designation to a PS land use designation will simply extend the existing PS zoning and St. Henry's property further east, maintaining a contiguous PS designation. As such, the requested rezoning may be appropriate for the site. Variance. Variance requests are considered where it is alleged by the applicant that a non-economic hardship in the reasonable use of a specific parcel of property exists. A hardship that by some reason of narrowness, shallowness, or shape of a specific parcel of property or lot existing and of record upon the effective date of this ordinance or that by reason of exceptional topographic or water conditions of 3 a specific parcel ofland or lot, the strict application ofthe terms of this ordinance would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create undue hardship upon the owner of such lot or parcel that the owner of another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the applicant. In this case, a hardship was created for the applicant with the realignment of 7th Street. As part of this project, the St. Benedict's driveway was extended and the existing sign was displaced. St. Benedict's does not have frontage on 7th Street, and an easement is in place to accommodate the driveway. As such, an on-premise sign would not be visible from 7th Street. The applicant is requesting the approvals detailed above to accommodate a sign near the entrance to the site, on the existing Home Depot property. Planning Commission granted the variance request to setback requirements.. B. ALTERNATIVE ACTIONS: Regarding the request for a Simple Subdivision, Rezoning, and Amended Conditional Use Permit for Planned Unit Development to accommodate an identification sign for St. Benedict's Senior Community, the City has the following options: 1. Motion to approve the request for a Simple Subdivision, Rezoning, and Amended Planned Unit Development, based on a finding that the proposed use is consistent with the intent of the PS District and the existing PUD. 2. Motion to deny the Concept Stage PUD and CUP, based on a finding that the project fails to demonstrate tangible amenity-based or other benefits that justify the flexibility granted by the PUD zoning regulations and is not consistent with the intent of the PS District. C. STAFF RECOMMENDATION: Regarding the items requested above, staff recommends approval of the rezoning, simple subdivision, and Amended PUD, subject to the condition outlined in Exhibit Z. The previously existing identification sign for the St. Benedict's Senior Community was displaced due to the realignment of 7th Street. The approvals listed above are all necessary to accommodate a new identification sign on the east side of the St. Benedict's driveway, on properly currently owned by Home Depot. The requested action will allow the applicant to construct an identification sign and will allow the St. Benedict's driveway to be located entirely on property in the St. Henry's/St. Benedict's PUD, as opposed to crossing onto Home Depot property. It should be noted that all parties must sign each application as appropriate in order for the process to move forward. D. SUPPORTING DATA: Exhibit A: Exhibit B: Exhibit C: Exhibit Z: Applicant Narrative Parcel Sketch Memorandum of Understanding Conditions of Approval 4 .. St. BenedictS Senior Community CENTRACARE Health System 1810 Minnesota Boulevard SE I St. Cloud, MN 56304-24-16 (320) 252-0010 phone! (3201 654-2351 fax Executive Office Narrative Description of Sign Request St. Benedict's Senior Community in Monticello is requesting that a sign be located at the end of its driveway entrance off of 7th Street per the attached specifications. The driveway into St. Benedict's Senior Community was extended to accommodate the mall addition and community growth. The proposed sign is consistent in appearance with all CentraCare signage. Sign lettering and size was determined for the readability of the senior population. St. Benedict's Senior Community is located behind the Church of St. Henry and currently difficult to locate with the addition of Home Depot and the extended driveway. A sign that is both lighted and visible is necessary to give direction into St. Benedict's Senior Community for potential tenants and visitors. Due to the extension of the driveway to accommodate the mall development, St. Benedict's Senior Community is requesting the approval of the proposed sign to restore its customer friendly and easily approachable entrance. The size of the proposed sign is essential to alert customers to the location of St. Benedict's Senior Community given the extended length of the drive and its need to be visually noticed among the surroundings and activity of a malL Thank you for consideration of our request. St. Benedict's Senior Community operates under the auspices of the local Catholic Church of St. Cloud . 5G.-A. I I I I I I I I CONsrrRUC~~D CITY OF MONTICELLO ,sANITARY AND WATER~AIN ifRUNK LINES I I I I \ \ \ \ \ \ I , I I I I I I I I I I I I I ~ I I ^ \ I \ CONSTRUCTED Sn BENEDICT'S SENIOR COMtv\UNITY DRIVEWAY \ \ \ ",~\ \,.-- '~, .' 'I ., '~ ., , .' , ..~\ \t. ~\ \tt to' \' ., , ., ., .' ., ., .' .' ., ., .' .' ., .' " .' ., ., .' ., BACK OF '" \~I I CURB \\ 13.0' \ ~ t'lD CURB \\ TO', EXISTING\~~ F'\'lOPERTY \1, . 'I PROPOSED SUBDIVIDED \\ \~ PROPERTY AREA .,,\ 623 SF I I ^ PROPOSED ST. BENEDICT'S SENIOR COMMUNITY SIGN /' Project Name/Location: Union Crossings Monticello, Mlnne.ota Date: 5/14/07 SC:,-<:> ~ ~ - -~ < I \ I \ \ \ EXISTI INAG EA ED TI L1TY O' ----~ ---- ---------------. Qs-- _____~!Qf,;WA - ~ -----~;3~ __~ -~--~li~~~-------- --- -............ -.- -.......::'".:::-..:.:.:.:...:.:. n w~' 1 1 ISh... ",. : Parcel Sketch Sheet: h 1..50' 5 G- c.. ., MEMORANDUM OF UNDERSTANDING Regarding the Resolution of Placement of the St. Benedict's Sign In an effort to resolve the matter of the placement of a monument sign for the St. Benedict's Senior Care Facility, the City of Monticello sets forth the following items of understanding: PURPOSE AND BACKGROUND As a result of the re-alignment of7'h Street, St. Benedict's has understood that a directional monument sign would be allowed at the entrance to their facility. For maximum visibility, St. Benedict's desires this sign at the northeast comer of the intersection of the private access drive to their facility and 7th Street. It is understood that actions as described in this memorandum cannot occur until such time that St. Henry's Catholic Church has recorded the plat of ST. HENRY'S CHURCH I s1 ADDITION. The private access drive to St. Benedict's as shown on the ST. HENRY'S CHURCH 1 s1 ADDITION is owned by St. Henry's Catholic Church. Execution of an amended easement agreement with St. Henry's Catholic Church will allow St. Benedict's to use the drive for access purposes. The desired placement location for the proposed St. Benedict's sign is currently included within Lot 1, Block 2 of Union Crossings, which is currently owned by Home Depot U.S.A., Inc. (See Exhibit A.) There is a Conditional Use Permit for Planned Unit Development for Union Crossings. Lot I, Block 2, Union Crossings is included within that Planned Unit Development. APPLICA nONS In order to accomplish placement of the sign in the desired location, the following City of Monticello planning processes will be required: simple subdivision, rezoning, amendment to planned unit development and variance to sign height, area and location. The City of Monticello will prepare all required applications for signature by the appropriate parties as indicated and outlined below. SIMPLE SUBDIVISION Home Depot U.S.A., Inc., has agreed to a subdivision ofland from Lot 1, Block 2 of Union Crossings, thereby creating a new parcel of land. The parcel to be subdivided incorporates the desired location for the proposed sign and includes a portion of the private access drive not currently within the property boundaries of St. Henry's Catholic Church. An illustration of the proposed parcel is attached to this memorandum as Exhibit A. I The City of Monticello will prepare the legal description for the parcel ofland to be subdivided to accommodate the placement of the St. Benedict's sign. The legal description will be a metes and bounds description. The City of Monticello will fund the preparation of this document and provide the property description to Home Depot U.S.A., Inc. for review. If the parcel's legal description is agreeable to Home Depot U.S.A., Inc., application for subdivision may proceed. Subdivision may be accomplished under City ordinance by simple subdivision. Home Depot U.S.A., Inc. and St. Henry's Catholic Church will be required to co-sign an application for simple subdivision. Home Depot U.S.A., Inc. will sign as fee title property owner. Application fees and deposits related to the simple subdivision application will be waived by the City of Monticello. Under Minnesota Statute 15.99, the City of Monticello will have 60 days to act on a completed written application for subdivision. The subdivision will be reviewed in a public hearing by the Monticello Planning Commission, and reviewed for final action by the Monticello City Council. Upon approval of the subdivision, the newly subdivided parcel is released from all responsibilities under the existing Conditional Use Permit for Planned Unit Development for Union Crossings. The subdivision of this parcel in no way impacts any previous rights or approvals granted specifically to Home Depot U.S.A., Inc. by the approved Conditional Use Permit for Planned Unit Development for Union Crossings, and Home Depot's improvements, if constructed as previously approved by the City of Monticello: (i) are in full compliance with all approvals and permits previously granted by the City of Monticello; and (ii) following such subdivision and the transfer of such subdivided parcel as described herein will remain in full compliance with all approvals and permits previously granted by the City of Monticello. All requirements and responsibilities under the Planned Unit Development for Union Crossings are still applicable to Lot 1, Block 2, Union Crossings. The City of Monticello will send a letter re-stating the same to Home Depot U.S.A., Inc. As a condition of subdivision and land transfer for the subdivided parcel, Home Depot U.S.A., Inc., requires that St. Henry's Catholic Church enter into an agreement regarding the terms and conditions for the use of the subdivided parcel. Home Depot U.S.A., Inc. will prepare this agreement and provide the agreement to St. Henry's Catholic Church for review and signature. The document shall be executed prior to the transfer of land from Home Depot U.S.A., Inc. to St. Henry's Catholic Church. Alternatively, if acceptable to Home Depot U.S.A., Inc. such conditions may be set forth in the deed transferring such land from Home Depot U.S.A., Inc. to St. Henry's Catholic Church The newly subdivided parcel shall be incorporated into the Planned Unit Development for St. Henry's Catholic Church. 2 LAND TRANSFER/PURCHASE Ryan Companies, developer of the plat of Union Crossings and holder of the Conditional Use Permit for Planned Unit Development for Union Crossings, will be responsible for the purchase price of the subdivided parcel and shall reimburse Home Depot U.S.A., Inc. accordingly. Home Depot U.S.A., Inc., is not requesting any additional direct, monetary compensation or considerations beyond the purchase price for the subdivided parcel. Home Depot U.S.A., Inc. is requiring that certain limitations and restrictions be imposed upon the signage that may be constructed and installed upon the subdivided parcel, and is requiring a right of reverter along with other legal and equitable remedies in the event the limitations and restrictions are violated. The purchase and transfer of the parcel to be subdivided shall be executed only upon approval of the simple subdivision, rezoning, amendment to PUD and variances, required to place the proposed sign on the subdivided parcel. The City of Monticello has verified with Wright County that it will accept the subdivision by metes and bounds. The City of Monticello has verified with Wright County that the balance of2007 property taxes for Lot 1, Block 2, Union Crossings will be payable upon recording ofthe simple subdivision and the recording of the warranty deed. As such, the subdivision and warranty deed will not be recorded until October of 2007, when the balance of annual property taxes is due. St. Henry's Catholic Church shall record the warranty deed for the subdivided parcel. Ryan Companies will be responsible for payment of fees for the recording of the warranty deed and for the deed taxes for the subdivided parcel. In order for the simple subdivision to be recorded properly at WriFt County, St. Henry's Catholic Church will need to record the plat of ST. HENRY'S IS ADDITION. The City of Monticello shall record the simple subdivision. The City of Monticello will be responsible for the recording fees for the simple subdivision. Special assessments for Lot 1, Block 2, Union Crossings will not be adjusted or redistributed, but shall remain as assigned via the executed development agreement for the Plat and Planned Unit Development of Union Crossings, and/or the Operation and Easement Agreement between Home Depot U.S.A., Inc. and Ryan Companies and Target Corporation (the nOEAn). 3 REZONING The parcel to be subdivided is zoned B-4 (Regional Business), consistent with the zoning for the plat and Planned Unit Development of Union Crossings. The parcel will be required to be rezoned to PS (Public/Semi-Public), consistent with the plat and Planned Unit Development of St. Henry's Catholic Church. An application for rezoning will need to be made by St. Henry's Catholic Church. St. Henry's Catholic Church and Home Depot U.S.A., Inc. will need to sign the application. Home Depot U.S.A., Inc. will sign the application as current fee title property owner. The City of Monticello waives the application and deposit fee for the rezoning application. The application for rezoning will be reviewed consecutively and immediately after the application for subdivision for the parcel. Under Minnesota Statute 15.99, the City of Monticello will have 60 days to act on a completed written application for rezoning of the subdivided parcel. The rezoning will be reviewed in a public hearing by the Monticello Planning Commission, and reviewed for final action by the Monticello City Council. AMENDMENT TO PLANNED UNIT DEVELOPMENT As the newly subdivided parcel will be released from the Union Crossings Planned Unit Development, the City requires that the Conditional Use Permit for Planned Unit Development for St. Henry's Catholic Church be amended to incorporate the subdivided parcel into the property owned by St. Henry's Catholic Church. The amendment to PUD requires an application, which shall be signed by St. Henry's Catholic Church and St. Benedict's, as the primary use of this parcel shall be for the placement ofthe proposed sign. Home Depot U.S.A., Inc. will also sign the application as current fee title property owner. Application fees and deposits related to the amendment to planned unit development application will be waived by the City of Monticello. Under Minnesota Statute 15.99, the City of Monticello will have 60 days to act on a completed written application for amendment to the Conditional Use Permit for Planned Unit Development. The amendment will be reviewed in a public hearing by the Monticello Planning Commission, and reviewed for final action by the Monticello City Council. The Conditional Use Permit for Planned Unit Development for Union Crossings is not impacted by the subdivision and therefore does not require amendment. VARIANCES St. Benedict's is proposing to place a sign on the newly subdivided parcel in the location as shown on Exhibit A. The proposed location is approximately less than _ feet off of the property line. The location of the proposed sign on the newly subdivided parcel requires a setback variance based on the requirements of the Zoning Ordinance of the City of Monticello. According to 4 Section 3-9[C]7, "In any district, any portion of any sign exceeding two (2) square feet shall be set back a distance equal to fifty percent (50%) of the required building setback for the district, as defined in Section 3-3[C] of the Monticello Zoning Ordinance, as amended.". As such, within the PS (Public/Semi-Public District), the minimum setback for a sign would be 20 feet. The variance to setback requires an application, which shall be signed by St. Henry's Catholic Church and St. Benedict's. Home Depot U.S.A., Inc. will also sign the application as current fee title property owner. Application fees and deposits related to the variance to setback application will be waived by the City of Monticello. Under Minnesota Statute 15.99, the City of Monticello will have 60 days to act on a completed written application for amendment to the Conditional Use Permit for Planned Unit Development. The variance will be reviewed in a public hearing by the Monticello Planning Commission, and reviewed for final action by the Monticello Planning Commission, as the Planning Commission acts as the Board of Adjustment and Appeals for variance requests. St. Benedict's is proposing a sign of a dimension larger than that allowed by Section 39[E] of the Monticello Zoning Ordinance. The proposed sign is shown in Exhibit B. The variance to sign height and area requires an application, which shall be signed by St. Henry's and St. Benedict's. Home Depot U.S.A., Inc. will also sign the application as current fee title property owner. The application fee and deposit are required and are the responsibility of St. Benedict's. Under Minnesota Statute 15.99, the City of Monticello will have 60 days to act on a completed written application for amendment to the Conditional Use Permit for Planned Unit Development. The variance will be reviewed in a public hearing by the Monticello Planning Commission, and reviewed for final action by the Monticello Planning Commission, as the Planning Commission acts as the Board of Adjustment and Appeals for variance requests. OTHER St. Benedict's and St. Henry's shall be responsible for amending and executing any existing joint agreement between these two organizations as related to the easements required for the access drive and subdivided parcel. All parties assume the payment of the individual legal fees incurred in the process described above, regardless of the outcome of any decision or final action by the Monticello Planning Commission or City Council. As a condition to the transfer of such subdivided property, the parties acknowledge that Home Depot U.S.A., Inc. and Ryan Companies will need to execute and deliver an amendment to the OEA releasing the land from the restrictions, etc. set forth in the OEA and amending the Site Plan attached thereto. Such amendment of the OEA will not be effective unless and until also executed and delivered on behalf of Target Corporation. Memo of Understanding - TAS 050707.doc 5 Exhibit Z Conditions of Approval 1. The requested simple subdivision shall be recorded with the Wright County Recorder's Office in October 2007. 5 Council Meeting - 07/09/2007 5H. Consideration of Dlacement of noise ordinance enforcement silms at aU entrances to the City of MonticeUo. (J.S.) A. REFERENCE AND BACKGROUND: At a previous council meeting the City Council requested information as to the cost of installing noise ordinance enforcement signs at the entrances to the community. This request was prompted by Mr. Dave Stromberg a Monticello resident who leaves at the comer of Cedar and East River Street. The majority of noise complaints are usually loud vehicles that can be on the street, highways or on a construction site. The City already places parking ordinance notification signs at all entrances to the community. Upon reviewing the request for these signs we noticed we now have 13 areas where we would need to place these signs due to new street and highway construction. A map showing the locations is enclosed for your reVIew. The existing signs for parking ordinance notification are 30" x 30" and in most instances it will be possible to place the noise ordinance signs on the same posts. I received a quotation from MR Signs of Fergus Falls, MN where the City buys some of its traffic signs. The cost for 15 signs (2 for spares) along with six sets of 7' posts for mounting additional new signs and replacement of three older ones, the cost comes to $820.25. All of the labor would be performed by the City of Monticello Public Works Department. Prior to the actual placement of the signs we will have to verify that two of the new locations on county roads are okay. We may want to review the City's noise ordinance in the near future as well. I have included copies of sections of the City's noise ordinance as well as some applicable state statutes regarding noise. In addition to work on the ordinances we will also have to ask for additional enforcement in regard to noise from the Wright County Sheriffs Department. This could be discussed at a Police Commission Meeting. B. ALTERNATIVE ACTIONS: 1. The first alternative is to authorize the purchase of signs and materials to erect 13 signs indicating "noise ordinance enforced" at the entrances to the City of Monticello. The estimated cost including freight is $820.25. Funding would come from the existing public works budget. 2. The second alternative would be not to install noise enforcement signs at this time. C. STAFF RECOMMENDATION: It is the recommendation of the Site Review Committee that the City Council approve the installation of the noise ordinance enforcement signs as outlined in alternative #1 and that we look at beefing up our noise ordinances during a review of the entire ordinance package in the future. Council Agenda - 07/09/2007 D. SUPPORTING DATA: Copy of quote from MR Signs of Fergus Falls, MN; Copy of sign location map; Copy of ''noise ordinance enforced" sign artwork; Copy of various city ordinances and state statutes regarding noise. 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"" ~ ~ ~ l;,l~t' t' C '!'-" ---.. 1706 1ST AVENUE NORTH FERGUS FALLS, MN 56537 PHONE 218-736-5681 FAX 218-736-4070 Quole To: MONTICEllO, CITY OF OFFICE OF PUBLIC WORKS 909 GOLF COURSE ROAD MONTICEllO, MN. 55362 Attention: J otiJ PhDne No: Fax No: 763-271-3277 763-271-3272 QUOTATION Quote No: 3278 Date: 07/03/07 Quoted By: BRYAN .,C~(;ii~H'f#cifiSlii\i'cbbi.imk@i;i;~~~~~\@'w:i~;mn!:!;;i.;:W'ff':";;.:i;igig;Uij;;:!i~7!m'i'!;i:!.;;::;Wlf>"Q0,?;Vf;im!i~i:ijrg!!,,@:~;!'g~l~~~ii,.iJ;;i 15 900.992251 SS30'X24'RECHIROaOBBL-RED REO COpy & BORDER ON WHITE HI 33.57 503.55 u15 EA. NOISE .' ORDINANCE ,- ENFORCED ""Reo CDPY18ROR ON WHITE HI" 12. GV07.2501 GAL POST TX 2.60/llFT 31a- 1 GALV U CHANNEL POST APt) que-sho I'd I !'e,q'5e... CtJJ.... ---r7ttU1/L S BJaM.-- 17.22 206.64 Il~~~ll~~~;r;~;~(03ii:g!]1!i;i:'.;:1!!.":!]!~L!~~;?~.!' Page 1 of 1 . . I\) · +::0. . . rt1 ~ z z ,.. - ~ z 0 J:- ~ n rt1 z rt1 n rt1 Monticello, Minnesota -- Noise Page 1 ofl City Code 6-1-10: NOISE State of Purpose. It is recognized that loud, unPIJasant, raucous, or prolonged noise has a harmful, debilitating, and detrimental effect upon human beings, adversely affecting their mental and physical health, safety, and well-being. Such loud, unpleasant, raucous, or prolonged noise is hereby declared to be a public nuisance. In an endeavor to provide for the mental and physical health, safety, and well-being and for peaceful repose of the citizens and neighborhoods ofthe city, it is hereby declared to be in the public interest that loud, unpleasant, raucous, and unnecessary or prolonged noise be abated. 1. Activitv Prohibited. No person shall, between the hours of 10:00 p.m. and 7:00 a.m. conduct, permit, congregate at, participate in, or be present at any party or gathering of people from which noise emanates of such volume as to be plainly audible at a distance of SO feet from where such gathering or party is taking place, or from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. 2. Abatina Disturbances. No persons except the owner, tenant, or other lawful occupant shall visit, remain, or be present at or within any residential dwelling unit, adjacent yard, or structures wherein an activity prohibited by Section (B) of this ordinance is taking place except persons who have gone there for the sole purpose of abating the prohibited activity. 3. Enforcement. A peace officer may order all persons present in any such group or gathering from which such noise emanates or other than the owners or tenants of a dwelling unit to immediately disperse from said party in lieu of being charged under this ordinance. Refusal to disperse is a violation of the section. 4. Penalty. Any person violating any provision of t~is ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. 1. Street Noise. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape piayer, or any other mechanical device other than an automobile engine on the highways, streets, parking lots, alleys, sidewalks, or other public property within the city of Monticello which is audible at a distance of 25 feet. 2. Penalty violation of this subdivision is a petty misdemeanor punishable by not more than the maximum penalty as prescribed by state law. httn'i/www ci monticello mn ll.,/i nci ex ",n?Tvne=R RASlf'&SFf'=iIiORR?HlO-FF A F-4f'FS-A 7~F- 711 !? 007 SECTION: 9-1-1: 9-1-2: 9-1-3: 9-1-4: 9-1-5: 9-1-6: 9-1-7: 9-1-8: 9-1-1: 9-1-2: CHAPTER I TRAFFIC Act Adopted, Penalties Parking and Stopping Removal of Vehicles Owner Protection and Preservation of City Streets Street Names Unreasonable Acceleration & Erratic Driving Parking in Regard to Snow Plowing and/or Removal ACT ADOPTED; PENALTIES: The regulatory provisions of Minnesota Statutes 1961, Chapter 169, as amended are hereby adopted as a traffic ordinance regulating the use of highways, streets, and alleys within the city of Monticello and are hereby incorporated in and made a part of this ordinance as complete as if set out here in full. Any violation of the statutes adopted by reference in Section 9-1-1 is a violation of the ordinance when it occurs within the city of Monticello. Any person thus violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.. If a minimum fine or imprisonment is prescribed by the State Highway Traffic Act for the offense or if such offense be classified as a petty misdemeanor, such penalty and/or classification shall apply to a person convicted of the same offense under this ordinance. (#358, 1/8/01) PARKING AND STOPPING: Except for the City of Monticello or Wright County on its own right of ways, no person shall utilize any portion of any local public right of way, including the traveled street, boulevard or public parking lot for the storage or parking of any object or material which is not a licensed, operable motor vehicle, passenger vehicle or motorcycle as defmed by Minnesota Statutes Chapter 169.01, Subd. 3, 3a and 4, except as may be explicitly permitted on a temporary period oftime by the City Council or its designated representative. Properly licensed, operable motor vehicles, passenger vehicles and motorcycles may be parked in the public street where permitted but not on the boulevard portion of the public right of way subject to the further requirements of local parking regulations and applicable Minnesota Statutes. A trailer of any type properly licensed or not is not considered a motor vehicle or part thereof when disconnected from its tow vehicle. (#449, 8/28/06) (A) On a sidewalk or boulevard between sidewalk and roadway. (B) On a crosswalk. MONTICELLO CITY ORDINANCE TITLE IX/Chapt I/Page 1 9-1-3: 9-1-4: (C) Within an intersection. (D) Within twenty (20) feet of a crosswalk at any intersection. (E) Within ten (10) feet ofa fire hydrant. (F) Within thirty (30) feet of any arterial stop sign or sign indicating the direction for travel. (0) On the roadway side of any vehicle stopped or parked at the edge or curb of a street or highway. (H) At any place where official signs prohibit stopping, standing, or parking. (1) In any manner on any street or highway so as to interfere with or interrupt the passage of other vehicles. (J) Along the curb adjacent to any school property from eight o'clock (8:00) a.m. to four o'clock (4:00) p.m. on days when school is in session. (K) On any street or roadway between the hours of two o'clock (2:00) a.m. and six o'clock (6:00) a.m. from November 15 through April 15, except physicians on emergency calls. (#65, 3/12/79) (L) On any city street for more than 72 consecutive hours. (M) On any city street for more than the posted time limit as established by the City Council. (#193,5114/90) REMOVAL OF VEHICLES: Whenever any police officer finds a motor vehicle has been parked or stopped in violation of any regulation contained herein, such officer is hereby authorized to move such vehicle, provide for the removal of such vehicle and the impounding of the same, or require the driver or other person in charge of the vehicle to move the same. Any such removal and/or impounding ofthe said vehicle shall be at the expense of the owner. OWNER: For the purposes of this section, the term "owner" shall mean the person, firm, or corporation who holds legal title on the date of any alleged violation as evidenced by the official records of the Minnesota Secretary of State. Copies of any of the files or records of the Secretary of State certified as being true copies shall be received in evidence with the same force and effect as the originals, shall be admissible without further foundation, and shall be prima facie evidence as to the ownership of the said vehicle, but nothing herein contained shall exclude or prohibit the introduction of other evidence bearing on the issue of ownership. MONTICELLO CITY ORDINANCE TITLE IXIChapt llPage 2 9-1-5: PROTECTION AND PRESERVATION OF CITY STREETS: (A) TRACTORS OR OTHER TYPES OF VEHICLES WITH LUGS: Tractors or other vehicles with lugs thereon or any other type of farm machinery that is not equipped with rubber tires are hereby prohibited from using said bituminous treated streets or parking lots in said city; and whoever drives such a vehicle upon said streets whereby said streets or parking lots shall be damaged shall be guilty of a misdemeanor. (B) LOAD LIMITS ON CITY STREETS OR PARKING LOTS: It shall also be unlawful for any person or persons, firm or corporation to drive any vehicle over said streets or parking lots having an axle weight load in excess of five (5) tons during periods of the year when county road restrictions are not in effect. During periods of county road restriction or on streets designed for more than five tons, the current city street design map adopted by the City Council shall take precedence over the five (5) ton limit and can be more or less restrictive. That any person, firm or corporation wishing to drive such vehicles in excess of above mentioned weight over any of the streets of Monticello shall first apply to the City Administrator for his permission. That the City Council may designate certain streets to be used regularly by such persons, firm, or corporation in the operation of their business, outlining certain routes that said vehicles are to follow and that no deviation from such routes will be permissible. (#146,4/8/85) (C) TRUCKS OPERATING ON RESIDENTIAL STREETS: It will be unlawful for any person or persons, firms or corporations to operate a truck of over 9,000 pounds gross weight on residential streets except those trucks that are actually engaged in making deliveries or pickups at residential dwellings. Further, they will utilize state highways or designated truck routes wherever possible when making these deliveries or pickups. All other truck traffic not making deliveries or pickups will utilize only state highways or designated truck routes. Trucks making deliveries or pickups on residential streets will adhere to the provisions of paragraph 9-1-5 (B). (O) PENALTY: Any person violating any provision of this ordinance is guilty ofa misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#358, U8/01) 9-1-6: STREET NAMES: Street names have been adopted according to the official city map on file at City Hall. (#26, 12/27/76) 9-1-7: UNREASONABLE ACCELERATION, ERRATIC DRIVING, AND EXHIBITION DRIVING MONTICELLO CITY ORDINANCE TITLE lXIChapt IlPage 3 (A) Unreasonable acceleration by any motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello, except when an emergency creates the necessity for such operation, is prohibited. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing a squealing or screeching sound by the tire or tires or the unnecessary throwing of sand or gravel by the tire or tires or both. (B) Erratic Driving - No person shall drive a vehicle on a public highway, street, parking lot, alley, or other public property at erratic or irregular and changing speeds so as to create a hazard to himself or other persons or property or so interfere with other traffic in the area. (#42, 10/10177) (C) Exhibition Driving - No person shall drive or operate a motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello which causes unnecessary engine noise or backfire, nor shall anyone between the hours of7:00 p.m. and 7:00 a.m. parade a motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello. Parade a motor vehicle is hereby defmed as driving or operating a motor vehicle up, down, or up and down, the same highway, street, parking lot, alley, or other public property more than three times within a thirty-minute period. (D) Penalties -Any person violating any provision of this ordinance is guilty of a petty misdemeanor and upon conviction shall be punished not more than the maximum penalty as prescribed by state law. (#164, 10/11188) (#358,118/01) 9-1-8: PARKING IN REGARD TO SNOW PLOWING AND/OR REMOVAL: After a snowfall, all streets in the city of Monticello shall be cleared of all motor vehicles and parts thereof for the purposes of snow plowing and/or removal until all streets are plowed. Any motor vehicle or parts thereof left on any street or boulevard in the city of Monticello in such a way as to impede the performance of the city and/or state snowplow shall be dealt with under the Penalty Code No. 1-4-1. (#155,4/13/87) MONTICELLO CITY ORDINANCE TITLE LX/Chapt [/Page 4 Noise Mn!x 2006 Page 1 of 1 i.II............i.,~V'"'''".'.'t.'.'.'.''' ~..,'~'.lt:'i..'. ........ .......,' .,. .,- . ,. '. '. . . ' ,.' . . . . "_'0 . ,"__'. .'. _ ,'.. _ " _ _ ;. '. . ,~ '.- ~'. '^ ,~ .~... "'.~ ... _.~ ,_ ....~.~. ,..~ ._.~o" _~_ MINNESOTA STATUTE INDEX 2006 !3:ll:l\t!lmllinind~x pllg~ Minne~ota Statutes NOISE Aircraft Abatement, PJ .i)Q~ Northwest Airlines maintenance and engine repair facilities, lL9K'uO_L; Unnecessary noises, JQQ~97~ Definitions, Pollution Control Agency, 11R~Q9 Highways Pollution standards, exemption, llQ~_Q7 Reduction, p.~6, 4?~.Q1L 1Z2,Q2J Iron-producing industries, 8QA~Z~ Manufactured home parks, ~27~~Q~ Motor vehicles Races, exemption from standards, 116.07 Rulernaking, noise limits, lQ9,-Q9~, ~.9::J!_~71 Motorboats (see Noise under ~Q1QR~QAr$1 Noise horns, CFC products, salest ~?~~~~g Noise pollution Pollution Control Agency t duties t l16 ..QQ, 116~J Property llsed for abatement or control, tQ~!.l.?J Off-highway motorcycles, 84,789 Railroads, quiet zones, ordinances, ?1_~:tgQ Shooting ranges, $7A.Q5 Snowmobiles, mufflers, $.3. ~_g7! Sports clubs, skeet, trapt shooting, !!6~Q7 Standards Maximum levels, shooti~g ranges, q]~~Q~ ?ollution Control Agency, t~6.QQ, l.L9.!Q7 Statutory cities, city cOl,;ncil powers, ~~8,2Z~ htto:l /ros, I elLmn/ data/revisor/statutes index/currentINiNO/noi se, htm I 71112007 84.871, Minnesota Statutes 2006 . .t( Minnesota ;-I'~. Office of the Revisor of Statutes House I Senat;,;; i Joint Oepa(tm~nts and Commissiofls i Bill Searcn and Status i Statutes La'N3 dnd Rul.es Minnesota Sta1lJ.@!> IQ.Q~ Qf Q!:1..iJ.giers Chag1eL8.4 Iab@.QLQQutents Page l of 1 I. ";'Jj'~i<lt:J(e Hcmg I Un;~s te l!\<:, \Nor!d h"ip A,j'J"dnCg.j S-;;.;u'd; 84.871, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 84.871 EQUIPMENT REQUIREMENTS. Subdivision I. Mufflers. Except as provided in this section, every snowmobile shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on (1) private lands, with the permission of the owner, [essee, or custodian of the land; (2) public lands and water under the jurisdiction of the commissioner of natural resources, with the commissioners permission; or (3) other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the specifications required by the rules of the commissioner after the effective date of the rules. Subd. 2.[Repealed, 1999 c 4 s 5] History: /969 c 695 s 9; /969 c //29 arllO s 2; /985 c 248 s 70; /998 c 40/ s 23 Please direct all comments concerning issues or legislation to your H9.use M.ember or StiljgJ;.?I@jQ[. For Legislative Staff or for directions to the Capitol, visit the Contact U~ page. Ge.M[C~l_~BJ~_~tiQ_ns or..CQnunents~ httn-//urUlUl n'.v;<;;nr Ipa c;:tMp mn It<;.:/hinlaf"tmlh nhn')tvnf":=O;;:&VF':~r=(,l11Tf':nt&nllm=R4 g71 7i".i?007 116.07, Minnesota Statutes 2006 , .. . Minnesota /I~~~ Office of the Revisor of Statutes HC\Js~ i S~ndt'2 JO!(H Dnpartrmmts dr.d Commissiofl$ Bili Search and Status: Statute:;, Laws. and Rules MLonesota ~laJ\l!Sl::; T~Qle QJ CbgQlefJ; ChaR-~r 116 Table. of Contents Page 1 of 13 U"qi';)iHura- Home: linKs :~j til'.' '1'/0(") H'~!;J i ,C\d'/i.l!1'.:~d S,~"fch 116.07, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 116.07 POWERS AND DUTIES. Subdivision 1. Generally. [n addition to any powers or duties otherwise prescribed by law and without limiting the same, the Pollution Control Agency shall have the powers and duties hereinafter specified. Subd. 2. Adoption of standards. The Pollution Control Agency shall improve air quality by promoting, in the most practicable way possible, the use of energy sources and waste disposal methods which produce or emit the least air contaminants consistent with the agency's overall goal of reducing all forms of pollution. The agency shall also adopt standards of air quality, including maximum allowable standards of emission of air contaminants from motor vehicles, recognizing that due to variable factors, no single standard of purity of air is applicable to all areas of the state. In adopting standards the Pollution Control Agency shall give due recognition to the fact that the quantity or characteristics of air contaminants or the duration of their presence in the atmosphere, which may cause air pollution in one area of the state, may cause less or not cause any air pollution in another area of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, zoning classifications, topography, prevailing wind directions and velocities, and the fact that a standard of air quality which may be proper as to an essentially residential area of the state, may not be proper as to a highly developed industrial area of the state. Such standards of air quality shall be premised upon scientific knowledge of causes as well as effects based on technically substantiated criteria and commonly accepted practices. No local government unit shall set standards of air quality which are more stringent than those set by the Pollution Control Agency. The Pollution Control Agency shall promote solid waste disposal control by encouraging the updating of collection systems, elimination of open dumps, and improvements in incinerator practices. The agency shall also adopt standards for the control of the collection, transportation, storage, processing, and disposal of solid waste and sewage sludge for the preveotion and abatement of water, air, and land pollution, recognizing that due to variable factors, no single standard of control is applicable to all areas of the state. In adopting standards, the Pollution Control Agency shall give due recognition to the fact that elements of control which may be reasonable and proper in densely populated areas of the state may be unreasonable and improper in sparsely populated or remote areas of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, topography, soils and geology, climate, transportation, and land use. Such standards of control shall be premised on technical criteria and commonly accepted practices. The Pollution Control Agency shall also adopt standards describing the maximum levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing that due to variable factors no single standard of sound pressure is applicable to all areas of the state. Such standards shall give dne consideration to such factors as the intensity of noises, the types of noises, the frequency with which noises recur, the tinne period for which noises continue, the times of day during which noises occur, and such other factors as could affect the extent to which noises may be injurious to human health or welfare, animal or plant life, or property, or could interfere unreasonably with the enjoyment oflife or property. In adopting standards, the Pollution Control Agency shall give due recognition to the fact that the quantity hHn.f/u!UnH rp."nl::r\T' Ipo ct~tp mn lHdh-in/optnl1h nhn?tvnp=QX'TVP':lr=f"llT1",:>nt.Rrnllrn=ll h. n'7 7nnn()'7 116.07, Minnesota Statutes 2006 Page 2 of 13 or characteristics of noise or the duration of its presence in the outdoor atmosphere, which may cause noise pollution in one area of the state, may cause less or not cause any noise pollution in another area of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, zoning classifications, topography, meteorological conditions and the fact that a standard which may be proper in an essentially residential area of the state, may not be proper as to a highly developed industrial area of the state. Such noise standards shall be premised upon scientific knowledge as well as effects based on technically substantiated criteria and commonly accepted practices. No local governing unit shall set standards describing the maximum levels of sound pressure which are more stringent than those set by the Pollution Control Agency. The Pollution Control Agency shall adopt standards for the identification of hazardous waste and for the management, identification, labeling, classification, storage, collection, transportation, processing, and disposal of hazardous waste, recognizing that due to variable factors, a single standard of hazardous waste control may not be applicable to all areas of the state. In adopting standards, the Pollution Control Agency shall recognize that elements of control which may be reasonable and proper in densely populated areas of the state may be unreasonable and improper in sparsely populated or remote areas of the state. The agency shall consider existing physical conditions, topography, soils, and geology, climate, transportation and land use. Standards of hazardous waste control shall be premised on technical knowledg~, and commonly accepted practices. Hazardous waste generator licenses may be issued for a term not to exceed five years. No local government unit shall set standards of hazardous waste control which are in conflict or inconsistent with those set by the Pollution Control Agency. A person who generates less than 100 kilograms of hazardous waste per month is exempt from the following agency hazardous waste rules: (I) rules relating to transportation, manifesting, storage, and labeling for photographic fixer and X-ray negative wastes that are hazardous solely because of silver content; and (2) any rule requiring the generator to send to the agency or commissioner a copy of each manifest for the transportation of hazardous waste for off-site treatment, storage, or disposal, except that counties within the metropolitan area may require generators to provide manifests. Nothing in this paragraph exempts the generator from the agency's rules relating to on-site accumulation or outdoor storage. A political subdivision or other local unit of government may not adopt management requirements that are more restrictive than this paragraph. Subd. 2a. Exemptions from standards. No standards adopted by any state agency for limiting levels of noise in terms of sound pressure which may occur in the outdoor atmosphere shall apply to (1) segments of trunk highways constructed with federal interstate substitution money, provided that all reasonably available noise mitigation measures are employed to abate noise, (2) an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures. as approved by the commissioners of the Department of Transportation and Pollution Control Agency, are employed to abate noise, (3) except for the cities of Minneapolis and SI. Paul, an existing or newly constructed segment of a road, street, or highway under the jurisdiction ofa road authority of a town, statutory or home rule charter city, or county, except for roadways for which full control of access has been acquired, (4) skeet, trap or shooting sports clubs, or (5) motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July I, 1983. Nothing herein shall prohibit a local unit of government or a public corporation with the power to make rules for the government of its real property from regulating the location and operation of skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility specifically designed for that purpose that was in operation on or before July I, 1983. Subd. 2b. PCB waste; oll-filled electric equipment. (a) A person who generates waste containing greater than 50 parts per million PCB which is subject to the federal requirements for the management of waste under Code of Federal Regulations, title 40, part 761, is also subject to state hazardous waste requirements for proper disposal, licensing, and fees. PCB small capacitors 116.07, Minnesota Statutes 2006 Page 3 of 13 and lighting ballasts are also subject to state on-site accumulation requirements. (b) PCB waste associated with oil-filled electric equipment voluntarily disposed of or retrofilled prior to the end of its service life is eligible for a waiver from annual hazardous waste fees. To be eligible for the waiver, a generator and the commissioner must execute a voluntary PCB phase-out agreement, and before relic ensing, the generator must demonstrate performance of the agreement. The PCB phase-out agreement must include a description of specific goals, activities to be performed to achieve the goals, phase-out criteria, and a schedule for implementation. (c) For the purpose of this subdivision, "PCB" has the meaning given in section U6.36. Subd. 3. Administrative rules. Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution Control Agency may adopt, amend, and rescind rules governing its own administration and procedure and its staff and employees. Subd. 4. Rules and standards. Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind rules and standards having the force of law relating to any purpose within the provisions of Laws 1967, chapter 882, for the prevention, abatement, or controi of air pollution. Any such rule or standard may be of general application throughout the state, or may be limited as to times, places, circumstances, or conditions in order to make due allowance for variations therein. Without limitation, rules or standards may relate to sources or emissions of air contamination or air pollution, to the quality or composition of such emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or to any other matter relevant to the prevention, abatement, or control of air pollution. Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution Control Agency may adopt, amend, and rescind rules and standards having the force oflaw relating to any purpose within the provisions of Laws 1969, chapter 1046, for the collection, transportation, storage, processing, and disposal of solid waste and the prevention, abatement, or control of water, air, and land pollution which may be related thereto, and the deposit in or on land of any other material that may tend to cause pollution. The agency shall adopt such rules and standards for sewage sludge, addressing the intrinsic suitability of land, the volume and rate of application of sewage sludge of various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites. Any such rule or standard may be of general application throughout the state or may be limited as to times, places, circumstances, or conditions in order to make due allowance for variations therein. Without limitation, rules or standards may relate to collection, transportation. processing, disposal, equipment, location, procedures, methods, systems or techniques or to any other matter relevant to the prevention, abatement or control of water, air, and land pollution which may be advised through the control of collection, transportation, processing, and disposal of solid waste and sewage sludge, and the deposit in or on land of any other material that may tend to cause pollution. By January I, 1983, the rules for the management of sewage sludge shall include an analysis of the sewage sludge determined by the commissioner of agriculture to be necessary to meet the soil amendment labeling requirements of section l8C.2l5. Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind rules and standards having .the force of law relating to any purpose within the provisions of Laws 1971, chapter 727, for the pre"'el1tion, abatement, or control of noise pollution. Any such rule or standard may be of general application throughout the state, or may be limited as to times, places, circumstances or conditions in order to make due allowances for variations therein. Without limitation, rules or standards may relate to sources or emissions of noise or noise pollution, to the quality or composition of noises in the natural environment, or to any other matter relevant to the prevention, abatement, or control of noise pollution. As to any matters subject to this chapter, local units of government may set emission regulations with respect to stationary sources which are more stringent than those set by the Pollution Control Agency. Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind rules httn.//ululur rflovilO:nr !PCT lO:t~tp mn 1II:l/hin/optnl1h nhn?t"np=~..,'nIP~r=f'11lTP'Y'ltR"'T'\11TY1=11 r:. {)'7 il'li'1{)lli 116.07, Minnesota Statutes 2006 Page 4 of 13 and standards having the force of law relating to any purpose within the provisions of this chapter for generators of hazardous waste, the management, identification, labeling, classification, storage, collection, treatment, transportation, processing, and disposal of hazardous waste and the location of hazardous waste facilities. A rule or standard may be of general application throughout the state or may be limited as to time, places, circumstances, or conditions. In implementing its hazardous waste rules, the Pollution Control Agency shall give high priority to providing planning and technical assistance to hazardous waste generators. The agency shall assist generators in investigating the availability and feasibility of both interim and long-term hazardous waste management methods. The methods shall include waste reduction, waste separation, waste processing, resource recovery, and temporary storage. The Pollution Control Agency shall give highest priority in the consideration of permits to authorize disposal of diseased shade trees by open burning at designated sites to evidence concerning economic costs of transportation and disposal of diseased shade trees by alternative methods. Subd. 4a. Permits. (a) The Pollution Control Agency may issue, continue in effect or deny permits, under such conditions as it may prescribe for the prevention of pollution, for the emission of air contaminants, or for the installation or operation of any emission facility, air contaminant treatment facility, treatment facility, potential air contaminant storage facility, or storage facility, or any part thereof, or for the sources or emissions of noise pollution. The Pollution Control Agency may also issue, continue in effect or deny permits, under such conditions as it may prescribe for the prevention of pollution, for the storage, collection, transportation, processing, or disposal of waste, or for the installation or operation of any system or facility, or any part thereof, related to the storage, collection, transportation, processing, or disposal of waste. The Pollntion Control Agency may revoke or modify any pennit issued under this subdivision and section! l!i.OS 1 whenever it is necessary, in the opinion of the ~gency, to prevent or abate pollution. (b) The Pollution Control Agency has the authority for approval over the siting, expansion, or operation of a solid waste facility with regard to environmental issues. However, the agency's issuance of a permit does not release the permittee from any liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or shall be construed to preclude, a county from enforcing land use controls, regulations, and ordinances existing at the time of the permit application and adopted pursuant to sections 366.10 to ;tQ6"lSl. ~2'l~! to ~9'lJl, or 46;U~ 1 to 4!i~J62, with regard to the siting, expansion, or operation of a solid waste facility. Subd. 4b. Permits; hazardons waste facilities. (a) Except as otherwise provided in sections U5"",JS to 1I 5A.3Q, the agency shall commence any environmental review required under chapter 116D within 120 days of its acceptance of a completed permit application. The agency shall respond to a permit application for a hazardous waste facility within 120 days following a decision not to prepare environmental documents or following the acceptance of a negative declaration notice or an environmental impact statement. Except as otherwise provided in sections ! !2A~8 to! 12AJ(), within 60 days following the submission ofa final permit application for a hazardous waste facility, unless a time extension is agreed to by the applicant, the agency shall issue or deny all permits needed for the construction of the proposed facility. (b) The agency shall promulgate rules pursuant to chapter 14 for all hazardous waste facilities. The rules shall require: (I) contingency plans for all hazardous waste facilities which provide for effective containment and control in any emergency condition; (2) the establishment of a mechanism to assure that money to cover the costs of closure and postclosure monitoring and maintenance of hazardous waste facilities will be available~ (3) the maintenance of liability insurance by the owner or operator of hazardous waste facilities during the operating life of the facility. 116.07, Minnesota Statutes 2006 Page 5 of 13 Subd. 4c.[Repealed, 1983 c 373 s 72] , Subd. 4d. Permit fees. (a) The agency may collect permit fees inlamounts not greater than those necessary to cover the reasonable costs of developing, reviewing, and acting upon applications for agency permits and implementing and enforcihg the conditions of the permits pursuant to agency rules. Permit fees shall not include the cpsts oflitigation. The fee schedule must reflect reasonable and routine direct and indirect cosls associated with permitting, implementation. and enforcement. The agency may impose an additional enforcement fee to be collected for a period of up to two years to cover the reasonable costs of implementing and enforcing the conditions of a permit under the rules of the agency. Any money collected under this paragraph shall be deposited in the environmental fund. (b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner or operator of all stationary sources, emission facilities, emissions units, air contaminant treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage facilities subject to the requirement to obtain a permit under subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or section 116.08!. The annual fee shall be used to pay for all direct and indirect reasonable costs, including attorney general costs, required to develop and administer the permit program requirements of subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., and sections of this chapter and the , rules adopted under this chapter related to air contamination and noife. Those costs include the reasonable costs of reviewing and acting upon an application for' a permit; implementing and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally applicable regulations; responding to federal guidance; modeling, analyses, and demonstrations; preparing inventories and tracking emissions; and providing information to the public about these activities. (c) The agency shall set fees that: (I) will result in the collection, in the aggregate, from the sources listed in paragraph (b), of an amount not less than $25 per ton of each volatile organic compound; pollutant regulated under United States Code, title 42, section 7411 or 7412 (section III or 112 of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national primary ambient air quality standard has been promulgated; (2) may result in the collection, in the aggregate, from the sources listed in paragraph (b), of an amount not less than $25 per ton of each pollutant not listed in clause (I) that is regulated under this chapter or air quality rules adopted under this chapter; and (3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount needed to match grant funds received by the state under United States Code, title 42, section 7405 (section 105 of the federal Clean Air Act). The agency must not include in the calculation of the aggregate amount to be collected under clauses (I) and (2) any amount in excess of 4,000 Ions per year of each air pollutant from a source. The increase in air permit fees to match federal grant funds shall be a surcharge on existing fees. The commissioner may not collect the surcharge after the grant funds become unavailable. In addition, the commissioner shall use nonfee funds to the extent practical to match the grant funds so that the fee surcharge is minimized. (d) To cover the reasonable costs described in paragraph (b), the agency shall provide in the rules promulgated under paragraph (c) for an increase in the fee colldcted in each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of the year the fee is collected exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year. The revision of the Consumer Price Index that is most consistent with the Consumer Price Index for calendar year 1989 shall be used. (e) Any money collected under paragraphs (b) to (d) must be deposited in the environmental http://www.revisor.leg.state.mn.uslbinl getpub. php?tvoe=s&vear=current&num= 116.07 7/3/2007 J 16.07, Minnesota Statutes 2006 Page 6 of 13 fund and must be used solely for the activities listed in paragraph (b). (t) Persons who wish to construct or expand a facility may offer to reimburse the agency for the costs of staff overtime or consultant services needed to expedite permit review. The reimbursement shall be in addition to fees imposed by law. When the agency determines that it needs additional resources to review the permit application in an expedited manner, and that expediting the review would not disrupt permitting program priorities, the agency may accept the reimbursement. Reimbursements accepted by the agency are appropriated to the agency for the purpose of reviewing the permit application. Reimbursement by a permit applicant shall precede and not be contingent upon issuance of a permit and shall not affect the agency's decision on whether to issue or deny a permit, what conditions are included in a permit, or the application of state and federal statutes and rules governing permit determinations. (g) The fees under this subdivision are exempt from section 16A.1285. Subd. 4e. Hazardous waste processing facilities; agreements; financial responsibility. When the agency issues a permit for a facility for the processing of hazardous waste, the agency may approve as a condition of the permit an agreement by which the permittee indemnifies the generators of hazardous waste accepted by the facility for part or all of any liability which may accrue to the generators as a result of a release or threatened release of a hazardous waste from the facility. The agency may approve an agreement under this subdivision only if the agency determines that the permittee has demonstrated financial responsibility to carry out the agreement during the term of the permit. If a generator of hazardous waste accepted by a permitted processing facility is held liable for costs or damages arising out of a release of a hazardous waste from the facility, and the permittee is subject to an agreement approved under this subdivision, the generator is liable to the extent that the costs or damages were not paid under this agreement. Snbd. 4f. Closure and postclosure responsibility and liability. An operator or owner of a facility is responsible for closure of the facility and postclosure care relating to the facility. If an owner or operator has failed to provide the required closure or postclosure care of the facility the agency may take the actions. The owner or operator is liable for the costs of the required closure and postclosure care taken by the agency. Subd. 4g. Closure and postclosure rules. The agency shall adopt rules establishing requirements for the closure of solid waste disposal facilities and for the postclosure care of closed facilities. The rules apply to all solid waste disposal facilities in operation at the time the rules are effective. The rules must provide standards and procedures for closing disposal facilities and for the care, maintenance, and monitoring of the facilities after closure that will prevent, mitigate, or minimize the threat to public health and the environment posed by closed disposal facilities. Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring the operator or owner of a solid waste disposal facility to submit to the agency proof of the operator's or owner's financial capability to provide reasonable and necessary response during the operating life of the facility and for 30 years after closure for a mixed municipal solid waste disposal facility or for a minimum of 20 years after closure, as determined by agency rules, for any other solid waste disposal facility, and to provide for the closure of the facility and postclosure care required under agency rules. Proof of financial responsibility is required of the operator or owner of a facility receiving an original permit or a permit for expansion after adoption of the rules. Within 180 days of the effective date of the rules or by July 1, 1987, whichever is later, proof of financial responsibility is required of an operator or owner of a facility with a remaining capacity of more than five years or 500,000 cubic yards that is in operation at the time the rules are adopted. Compliance with the rules and the requirements of paragraph (b) is a condition of obtaining or retaining a permit to operate the facility. (b) A municipality, as defined in section 47~5 L ~1Jbdiyisio1l2, including a sanitary district, that owns or operates a soiid waste disposal facility that was in operation on May IS, 1989, may meet its financial responsibility for all or a portion of the contingency action portion of the reasonable and necessary response costs at the facility by pledging its full faith and credit to meet its responsibility. t...w.-. I i_______. ".__ _~ _ _ _" I _ ". , 116.07, Minnesota Statutes 2006 Page 7 of 13 The pledge must be made in accordance with the requirements in chapter 475 for issuing bonds of the municipality, and the following additional requirements: (1) The governing body of the municipality shall enact an ordinance that clearly accepts responsibility for the costs of contingency action at the facility and that reserves, during the operating life of the facility and for the time period required in paragraph (a) after closure, a portion of the debt limit of the municipality, as established under section '1}5.53 or other law, that is equal to the total contingency action costs. (2) The municipality shall require that all collectors that haul to the facility implement a plan for reducing solid waste by using volume-based pricing, recycling incentives, or other means. (3) When a municipality opts to meet a portion of its fmancial responsibility by relying on its authority to issue bonds, it shall also begin setting aside in a dedicated long-term care trust fund money that will cover a portion of the potential contingency action costs at the facility, the amount to be determined by the agency for each facility based on at least the amount of waste deposited in the disposal facility each year, and the likelihood and potential timing of conditions arising at the facility that will necessitate response action. The agency may not require a municipality to set aside more than five percent of the total cost in a single year. (4) A municipality shall have and consistently maintain an investment grade bond rating as a condition of using bonding authority to meet fmandal responsibility under this section. (5) The municipality shall file with the commissioner of revenue its consent to have the amount of its contingency action costs deducted from state aid payments otherwise due the municipality and paid instead to the remediation fund created in section 116.155, if the municipality fails to conduct the contingency action at the facility when ordered by the agency. If the agency notifies the commissioner that the municipality has failed to conduct contingency action when ordered by the agency, the commissioner shall deduct the amounts indicated by the agency from the state aids in accordance with the consent filed with the commissioner. , (6) The municipality shall file with the agency written proof that it has complied with the requirements of paragraph (b). (c) The method for proving financial responsibility under paragraph (b) may not be applied to a new solid waste disposal facility or to expansion of an existing faci1ity~ unless the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities carmot be permitted for a duration of longer than three years. Subd. 4i. Civil penalties. The civil penalties of sections l!sJ17.! aIjld !!Q"Q72 apply to any person in violation of the rules adopted under subdivision 4g or 4h. I Subd. 4j. Permits; solid waste facilities. (a) The agency may not issue a permit for new or additional capacity for a mixed municipal solid waste resource recovery or disposal facility as defined in section UsA,QJ unless each county using or projected in the permit to use the facility has in place a solid waste management plan approved under section 115A.46 or 473.803 and amended as required by section U5A.26,J;J!lli:livisiQI! 6. The agency shall issue the permit only if the capacity of the facility is consistent with the needs for resource recovery or disposal capacity identified in the approved plan or plans. Consistency must be determined by the Pollution Control Agency. Plans approved before January 1, 1990, need not be revised if the capacity sought in the permit is consistent with the approved plan or plans. (b) The agency shall require as part of the permit application for a waste incinetation facility identification of preliminary plans for ash management and ash leachate treatment or ash utilization. The permit issued by the agency must include requirements for ash management and ash leachate treatment. (c) Within 30 days of receipt by the agency of a permit application for a solid waste facility, the commissioner shall notify the applicant in writing whether the application is complete and if not, what items are needed to make it complete, and shall give an estimate of the time it will take to process the application. Within 180 days of receipt of a completed application, the agency shall approve, disapprove, or delay decision on the application, with reasons for the delay, in writing. Subd. 4k. Household hazardous waste aud other problem materials management. (a) httn'//urWUf rp'vl","nr Jpo <.::tMp mn 1T","lhln/crf":tnlln nhn?hrnp:=<'::~VP::lr=(,11rrpnt~nllm=11 A ('17 7/'],/')()(n 116.07, Minnesota Statutes 2006 Page 8 of 13 The agency shall adopt rules to require the owner or operator of a solid waste disposal facility or resource recovery facility to submit to the agency and to each county using or projected to use the facility a management plan for the separation of household hazardous waste and other problem materials from solid waste prior to disposal or processing and for the proper management of the waste. The rules must require that the plan be developed in coordination witb each county using, or projected to use, the facility. The plan must not be inconsistent with the plan developed under section 115A.956.~ubdivisionl, and must include: (I) identification of materials that are problem materials, as defmed in section II5A.D3, subdivision 24a , for the facility; (2) participation in public education activities on management of household hazardous waste and other problem materials in the facility's service area; (3) a strategy for reduction of household hazardous waste and other problem materials entering the facility; and (4) a plan for the storage and proper management of separated household hazardous waste and other problem materials. (b) By September 3D, 1992, the owner or operator of a facility shall implement the elements of the plan required in paragraph (a) relating to household hazardous waste management. After that date, the agency may not grant or renew a permit for a facility until the agency has: (I) reviewed the elements ofthe facility's plan relating to household hazardous waste management; (2) directed the applicant or permittee to make changes to these elements as necessary to comply with the plan requirements under paragraph (a); and (3) included a requirement to implement the elements as a condition of the issued or renewed permit. (c) By September 30, 1993, the owner or operator of a facility shall implement the elements of the plan required in paragraph (a) relating to problem materials management. After that date, the agency may not grant or renew a permit for a facility until the agency has: (I) reviewed the elements of the facility's plan relating to problem materials management; (2) directed the applicant or permittee to make changes to these elements as necessary to comply with the plan requirements under paragraph (a); and (3) included a requirement to implement the elements as a condition of the issued or renewed permit. Subd. 5. Variances. The Pollution Control Agency may grant variances from its rules as provided in section -'~_,_Qj,_ :;HLb_d!visjQ--.n.4.. in order to avoid undue hardship and to promote the effective and reasonable application and enforcement of laws, rules:, and standards for prevention, abatement and control of water, air, noise, and land pollution. The variance rules shall provide for notice and opportunity for hearing before a variance is granted. A local government unit authorized by contract with the Pollution Control Agency pursuant to section t16.0j to exercise administrative powers under this chapter may grant variances after notice and public hearing from any ordinance, rule, or standard for prevention, abatement, or control of water. air, noise and land pollution, adopted pursuant to said administrative powers and under the provisions of this chapter. Subd. 6. Pollution Control Agency; exercise of powers. [n exercising all its powers the Pollution Control Agency shall give due consideration to the establishment, maintenance, operation and expansion of business, commerce, trade, industry, traffic, and other economic factors and other material matters affecting the feasibility and practicability of any proposed action, including, but not limited to, the burden on a municipality of any tax which may result therefrom, and shall take or provide for such action as may be reasonable, feasible, and practical under the circumstances. Subd. 7. Counties; processing of applications for animal lot permits. Any Minnesota county board may, by resolution, with approval of the Pollution Control Agency, assume responsibility for processing applications for permits required by the Pollution Control Agency 116.07, Minnesota Statutes 2006 Page 9 of 13 under this section for livestock feedlots, poultry lots or other animal lots. The responsibility for permit application processing, if assumed by a county, may be delegated by the county board to any appropriate county officer or employee. (a) For the purposes of this subdivision, the term "processing" includes: (1) the distribution to applicants offorms provided by the Pollution Control Agency; (2) the receipt and examination of completed application forms, and the certification, in writing, to the Pollution Control Agency either that the animal lot facility for which a permit is sought by an applicant will comply with applicable rules and standards, or, if the facility will not comply, the respects in which a variance wonld be required for the issuance of a permit; and (3) rendering to applicants, upon request, assistance necessary for the proper completion of an application. (b) For the purposes of this subdivision, the term "processing" may include, at the option of the county board, issuing, denying, modifying, imposing conditions upon, or revoking permits pursuant to the provisions of this section or rules promulgated pursuant to it, subject to review, suspension, and reversal by the Pollution Control Agency. The Pollution Control Agency shall, after written notification, have IS days to review, suspend, modify, or reverse the issuance of the permit. After this period, the action of the county board is fmal, subject to appeal as provided in chapter 14. For permit applications filed after October 1,200 I, section )5.99 applies to feedlot permits issued by the agency or a county pursuant to this subdivision. (e) For the purpose of administration of rules adopted under this subdivision, the commissioner and the agency may provide exceptions for cases where the owner of a feedlot has specific written plans to close the feedlot within five years. These exceptions include waiving requirements for major capital improvements. (d) For purposes of this subdivision, a discharge caused by an extraordinary natural event such as a precipitation event of greater magnitude than the 25-year, 24-hour event, tornado, or flood in excess of the I DO-year flood is not a "direct discharge of pollutants." (e) In adopting and enforcing rules under this subdivision, the commissioner shall cooperate closely with other governmental agencies. (I) The Pollution Control Agency shall work with the Minnesota Extension Service, the Department of Agriculture, the Board of Water and Soil Resources, producer groups, local units of government, as well as with appropriate federal agencies such as the Natural Resources Conservation Service and the Farm Service Agency, to notify and educate producers of rules under this subdivision at the time the rules are being developed and adopted and at least every two years thereafter. (g) The Pollution Control Agency shall adopt rules governing the issuance and denial of permits for livestock feedlots, poultry lots or other animal lots pursuant to this section. Pastures are exempt from the rules authorized under this paragraph. A feedlot permit is not required for livestock feedlots with more than ten but less than 50 animal units; provided they are not in shoreland areas. A livestock feedlot permit does not become required solely because of a change in the ownership of the buildings, grounds, or feedlot These rules apply both to permits issued by counties and to permits issued by the Pollution Control Agency directly. (h) The Pollution Control Agency shall exercise supervising authority with respect to the processing of animal lot permit applications by a county. (i) Any new rules or amendments to existing rules proposed under the authority granted in this subdivision, or to implement new fees on animal feedlots, must be submitted to the members of legislative policy and fmance committees with jurisdiction over agriculture and the environment prior to fmal adoption. The rules must not become effective until 90 days after the proposed rules are submitted to the members. (j) Until new rules are adopted that provide for plans for manure storage structures, any plans for a liquid manure storage structure must be prepared or approved by a registered professional engineer or a United States Department of Agriculture, Natural Resources Conservation Service employee. httn'//www r"vi.nr I"" .tM" mnmlhin/""tnllh nhn?tvn,,=.& "Rr=c.llIT"nt&nllm=111i 07 7n1?007 116.07, Minnesota Statutes 2006 Page I 0 0 f t 3 (k) A county may adopt by ordinance standards for animal feedlots that are more stringent than standards in Pollution Control Agency rules. (1) After January 1,2001, a county that has not accepted delegation of the feedlot permit program must hold a public meeting prior to the agency issuing a feedlot permit for a feedlot facility with 300 or more animal units, unless another public meeting has been held with regard to the feedlot facility to be permitted. (m) After the proposed rules published in the State Register, volume 24, number 25, are finally adopted, the agency may not impose additional conditions as a part of a feedlot permit, unless specifically required by law or agreed to by the feedlot operator. (n) For the purposes offeedlot permitting, a discharge from land-applied manure or a manure stockpile that is managed according to agency rule must not be subject to a fme for a discharge violation. (0) For the purposes of feedlot permitting, manure that is land applied, or a manure stockpile that is managed according to agency rule, must not be considered a discharge into waters of the state, unless the discharge is to waters of the state, as defined by section 103G.005, subdivision 17 , except type I or type 2 wetlands, as defined in section !QJG .005, subdivisiQ!! 1 Th, and does not meet discharge standards established for feedlots under agency rule. (p) Unless the upgrade is needed to correct an immediate public health threat under section l45AJH,subdivision]l, or the facility is determined to be a concentrated animal feeding operation under Code of Federal Regulations, title 40, section LZ2,I:\, in effect on April 15, 2003, the agency may not require a feedlot operator: (1) to spend more than $3,000 to upgrade an existing feedlot with less than 300 animal units nnless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade; or (2) to spend more than $10,000 to upgrade an existing feedlot with between 300 and 500 animal units, unless cost-share money is available to the feedlot operator for 75 percent of the cost of the upgrade or $50,000, whichever is less. (q) For the purposes of this section, "pastures" means areas, including winter feeding areas as part of a grazing area, where grass or other growing plants are used for grazing and where the concentration of animals allows a vegetative cover to be maintained during the growing season except that vegetative cover is not required: (1) in the immediate vicinity of supplemental feeding or watering devices; (2) in associated corrals and chutes where livestock are gathered for the purpose of sorting, veterinary services, loading and unloading trucks and trailers, and other necessary activities related to good animal husbandry practices; and (3) in associated livestock access lanes used to convey livestock to and from areas of the pasture. Subd. 7a. Notice of application for livestock feedlot permit. (a) A person who applies to the Pollution Control Agency or a county board for a permit to construct or expand a feedlot with a capacity of 500 animal units or more shall, not less than 20 business days before the date on which a permit is issued, provide notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed feedlot. The notice may be delivered by ftrst class mail, in person, or by the publication in a newspaper of general circulation within the affected area and must include information on the type of livestock and the proposed capacity of the feedlot. Notification under this subdivision is satisfied under an equal or greater notification requirement of a county or town permit process. A person must also send a copy of the notice by ftrst class mail to the clerk of the town in which the feedlot is proposed not less than 20 business days before the date on which a permit is issued. (b) The agency or a county board must verify that notice was provided as required under paragraph (a) prior to issuing a permit. Subd. 7b. Feedlot inventory notification and public meeting requirements. (a) Any state agency or local government unit conducting an inventory or survey of livestock feedlots under its 116.07, Minnesota Statutes 2006 Page 11 of 13 jurisdiction must publicize notice of the inventory in a newspaper of general circulation in the affected area and in other media as appropriate. The notice must state the dates the inventory will be conducted, the information that will be requested in the inventory, and how the information collected will be provided to the public. The notice must also specify the date for a public meeting to provide information regarding the inventory. (b) A local government unit conducting an inventory or survey of livestock feedlots under its jurisdiction must hold at least one public meeting within the boundaries of the jurisdiction of the local unit of government, prior to beginning the inventory. A state agency conducting a survey of livestock feedlots must hold at least four public meetings outside of the seven-counry Twin Cities metropolitan area, prior to beginning the inventory. The public meeting must provide information concerning the dates the inventory will be conducted, the procedure the agency or local unit of government will use to request the information to be included in the inventory, and how the information collected wiIl be provided to the public. Subd. 7c. NPDES permitting requirements, (a) The agency must issue national pollutant discharge elimination system permits for feedlots with 1,000 animal units or more and that meet the definition ofa "concentrated animal feeding operation" in Code of Federal Regulations, title 40, section 122.23, based on the following: (1) a permit for a newly constructed or expanded animal feedlot that is identified as a priority by the commissioner, using criteria established under paragraph (d), must be issued as an individual permit; (2) after January 1,2001, an existing feedlot that is identified as a priority by the commissioner, using criteria established under paragraph (e) must be issued as an individual permit; and (3) the agency must issue a general national pollutant discharge elimination system permit for animal feedlots that are not identified under clause (I) or (2). (h) Prior to the issuance of a general national pollutant discharge elimination system permit for a category of animal feedlot facility permittees, the agency must hold at least one public hearing on the permit issuance. (c) To the extent practicable, the agency must include a public notice and comment period for an individual national pollutant discharge elimination system permit concurrent with any public notice and comment for: (1) the purpose of environmental review of the same facility under chapter I 16D; or (2) the purpose of obtaining a conditional use permit from a local unit of government where the local govenunent unit is the responsible governmental unit for purposes of environmental review under chapter 116D. (d) The commissioner, in consultation with the Feedlot and Manure Management Advisory Committee, created under section 17 .136, and other interested parties must develop criteria for determining whether an individual national pollutant discharge elimination system permit is required under paragraph (a), clause (I). The criteria must be based on proximity to waters of the state, facility design, and other site-specific environmental factors. (e) The commissioner, in consultation with the Feedlot and Manure Management Advisory Committee, created under section 17011Q, and other interested parties must develop criteria for determining whether an individual national pollutant discharge elimination system permit is required for an existing animal feedlot, under paragraph (a), clause (2). The criteria must be based on violations and other compliance problems at the facility. (D The commissioner, in consultation with the Feedlot and Manure Management Advisory Committee, created under section 17,122, and other interested parties must develop criteria for determining when an individual national pollutant discharge elimination system permit is transferred from individual to general permit status. (g) Notwithstanding the provisions in paragraph (a), until January 1, 2001, the commissioner may issue an individual national pollutant discharge elimination system permit for an animal feedlot. After the general permit is issued and the criteria under paragraphs (d) and (e) are hth'\"//nrnfU! rpU1cnr Ipo- ct-::.tp. t'nn 11...lhln/{J"ph~Tlh nhn?hrnp=...-RnfP<;lr=,"'lrl"pnt.Rrtlllrn= 1 I h f'r7 7l1i'1nn7 116.07, Minnesota Statutes 2006 Page 12 of 13 developed, individual permits issued pursuant to this paragrapb that do not fit the criteria for an individual permit under the applicable provisions ofparagrapb (d) or (e) must be transferred to general permit status. (h) The commissioner, in consultation with the Feedlot and Manure Management Advisory Committee, created under section ll.136, and other interested parties must develop criteria for determining which feedlots are required to apply for and obtain a national pollutant discharge elimination system permit and which feedlots are required to apply for and obtain a state disposal system permit based upon the actual or potential to discbarge. Subd. 7d. Exemption. Notwithstanding subdivision 7 or Minnesota Rules, cbapter 7020, to the contrary, and notwithstanding the proximity to public or private waters, an owner or resident of agricultural land on wbicb livestock have been allowed to pasture as defmed by Minnesota Rules, chapter 7020, at any time during the ten-year period beginning January I, 1990, is permanently exempt from requirements related to feedlot or manure management on that land for so long as the property remains in pasture. Subd. 8. Public information. The agency may publish, broadcast, or distribute information pertaining to agency activities, laws, rules, and standards. Subd. 9. Orders; investigations. The agency shall have the following powers and duties for the enforcement of any provision of this chapter and chapter 114C, relating to air contamination or waste: (a) to adopt, issue, reissue, modify, deny, revoke, enter into or enforce reasonable orders, schedules of compliance and stipulation agreements; (b) to require the owner or operator of any emission facility, air contaminant treatment facility, potential air contaminant storage facility, or any system or facility related to the storage, collection, transportation, processing, or disposal of waste to establish and maintain records; to make reports; to install, use, and maintain monitoring equipment or methods; and to make tests, including testing for odor where a nuisance may exist, in accordance with methods, at locations, at intervals, and in a marmer as the agency shall prescribe; and to provide other information as the agency may reasonably require; (c) to conduct investigations, issue notices, public and otherwise, and order heatings as it may deem necessary or advisabie for the discharge of its duties under this chapter and chapter 114C, including but not limited to the issuance of permits; and to authorize any member, employee, or agent appointed by it to conduct the investigations and issue the notices. Subd. 1O.[Repealed, 1997 c 231 art 13 s 20] Subd. II. Permits; landfarming contaminated soil. (a) If the agency receives an application for a permit to spread soil contaminated by a harmful substance as defmed in section 115B.25, subdivision 7a , on land in an organized or unorganized township other than the township of origin of the soil, the agency must notify the board of the organized township, or the county board of the unorganized township where the spreading would occur at least 60 days prior to issuing the permit. (b) The agency must not issue a permit to spread contaminated soil on land outside the township of origin if, by resolution, the township board of the organized township, or the county board of the unorganized township where the soil is to be spread requests that the agency not issue a permit. Subd. 12. Fire training ash disposal. The ash from a legitimate fire training exercise involving the live burning of a structure is classified as demolition debris and may be disposed in any permit-by-rule land disposal facility authorized under agency rules or any permitted demolition land disposal facility, with the consent of the disposal facility operator, if a person certified by a Minnesota state college or university fire safety center certifies in writing in advance to the commissioner that the structure has been adequately prepared for such a training exercise, taking into account all applicable safety concerns and regulations, including Pollution Control Agency guidelines regarding the removal of hazardous materials from training-bum structures before the training event. History: /967c8825 7: 1969c/04655-7, 197I c 72753-5: 197/c9045 I: /973c4/25 116.07, Minnesota Stahltes 2006 Page 13 of 13 13; 1973 c573 s I: 1973 c 733 s I; 1974 c 346 s 2-4: 1974 c 483 d-7: 1976 c 76 s 4; 1977 c 90 s 10; 1979 c 304 s I; 1980 c 564 arlI! s 5-10; 1980 c 614 s 123; 1980 c 615 s 60; 1981 d52 s 27,28, 1982 c 424 s 130; 1982 c 425 s 17: 1982 c 458 s 2; 1982 c 569 s 19; 1983 c 247 s 51: 1983 dOl s 112-I!4; 1983 d73 s 44,45; 1984 c 640 s 32; 1984 c 644 s 49; 1985 c 248 s 70; 1985 c 274 s 14; ISp1985 c 13 s 233; 1986 c 425 s 28; 1987 c 348 s 30; 1989 c 131 s 7; 1989 c 276 s I; 1989 c 325 s 48; 1989 c 335 art I s 269; ISp1989 c I art 20 s 19; 1990 c 426 arl2 s I; 1990 c 604 arl/O s 6; 1991 c 199 art 2 s I; 1991 c 254 arl2 s 37: 1991 c 291 art 21 s 3; 1991 c 303 s 4,5; 1991 c 337 s 55; 1991 c 347 arlI s 8,18; 1992 c 546 s 2: 1992 c 593 arlI s 31; 1993 c 172 s 77: 1994 c 585 s 32; 1994 c 619 s 8; 1994 c 632 art 2 s 31; 1994 c 637 s I; 1994 c 639 art 3 s 3; 1995 c III s I: 1995 c 220 s 104,/30; 1995 c 233 art I s 7,8; art 2 s 49; 1995 c 247 art I s 37,38: art 2 s 54; 1995 c 250 s I; 1995 c 265 art 2 s 14; 1996 c 305 art Is 28; art 2 s 25; 1996 c 437 s 20; 1996 c 470 s 19; 1997 c 7 art 1 s 36; 1997 c 143 s I; 1997 c 158 s I: 1997 c 216 s 113,1l4; 1998 c 401 s 41-43; 1999 c 231 s 146; 1999 c 250 art 3 s 18: 2000 c 435 s 4,5; 2001 c 67 s I: 2001 c 116 s I; 2001 c 128 s I; ISp2001 c 2 s 137; 2003 c 107 s 29: 2003 c 128 art 2 s 37,38; art 3 s 39; 2004 c 176 s I; ISp2005 c 1 art 1 s 78: art 2 s 161 Please direct all comments concerning issues or legislation to your !iQuse k!&IJlJ)\2[ or :2@i~~,,-n.fltQ[. For Legislative Staff or for directions to the Capitol, visll lhe Cont<J!;LUs page. Gener..alQ.!,L8stions_ or. cOJl1meots. httn'//www revisor.leg.state.mn.lls,i],in/getnllh.nhn?tvne=s&vear=cllrrent&nllm=111i.07 711/2007 169.974, Minnesota Statutes 2006 Page] of 3 i ,':'y~i;j~:;;e Home i [.inks (:1 t.n~""'!'Jrtd ' 'F:;r; Advanced Si:~ili"-;;h ii, Minnesota ~~. Office of the Revisor of Statutes House S~r1at-s I Joint Departments and CommissIOns i Bill Search and StJtU5 i Statut<'!s Minnesotai3tatutes IaQ!<Lm ChaQter$. Cllal2ter 169 TableQf Conteots Laws. and Rq!?s 169.974, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 169.974 MOTORCYCLE, MOTOR SCOOTER, MOTOR BIKE. Subdivision 1. Definition. Motorcycles as used herein shall mean the vehicles defined in section 129cQl,~Jlbdiyisi(m4. Subd. 2. License endorsement and permit requirements. (a) No person shall operate a motorcycle on any street or highway without having a valid standard driver's license with a two-wheeled vehicle endorsement as provided by law. The commissioner of public safety shall issue a two-wheeled vehicle endorsement only if the applicant (I) has in possession a valid two-wheeled vehicle instruction permit as provided in paragraph (b), (2) has passed a written examination and road test administered by the Department of Public Safety for the endorsement, and (3) in the case of applicants under 18 years of age, presents a certificate or other evidence of having successfully completed an approved two-wheeled vehicle driver's safety course in this or another state, in accordance with rules adopted by the commissioner of public safety for courses offered by a public, private, or commercial school or institute. The commissioner of public safety may waive the road test for any applicant on determining that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable road test for license issuance. (b) The commissioner of public safety shall issue a two-wheeled vehicle instruction permit to any person over 16 years of age who (1) is in possession of a valid driver's license, (2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed a written examination for the permit and paid a fee prescribed by the commissioner of public safety. A two-wheeled vehicle instruction permit is effective for one year and may be renewed under rules prescribed by the commissioner of public safety. (c) No person who is operating by virtue of a two-wheeled vehicle instruction permit shall: (I) carry any passengers on the streets and highways of this state on the motorcycle while the person is operating the motorcycle; (2) drive the motorcycle at night; (3) drive the motorcycle on any highway marked as an interstate high~ay pursuant to title 23 of the United States Code; or (4) drive the motorcycle without wearing protective headgear that complies with standards established by the commissioner of public safety. (d) Notwithstanding paragraph (a), (b), or (c), the commissioner of public safety may issue a special motorcycle permit, restricted or qualified as the commissioner of public safety deems proper, to any person demonstrating a need for the permit and unable to qualify for a standard driver's license. Subd. 3. Vehicle equipment. (a) Any motorcycle with a seat designed or suited for use by a passenger shall be equipped with footrests for the passenger. No person shall operate any motorcycle on the streets and highways after January I, 1971, unless such motorcycle is equipped with at least one rear view mirror so attached and adjusted as to reflect to the operator a view of the roadway for a distance of at least 200 feet to the rear of the motorcycle and is equipped with not less than one horn which shall be audible at a distance of at least 200 feet under normal conditions. (b) All other applicable provisions of this chapter pertaining to motorcycle and other motor vehicle equipment shall apply to motorcycles, except those which by their nature have httn'llwww rp\f;~nr Ipa .;;:t~tf" mn 11~/h1n/aF'tnllh nhn')t"np=Q.R,.."p.~r=r'lTrrp.T'tt.Rn"Hn,.,=l';O 07,1 '7/1 t'"'){)()'7 169.974, Minnesota Statutes 2006 Page 2 of3 no application. Subd. 4. Equipment for operator and passenger. (al No person under the age of 18 shall operate or ride a motorcycle on the streets and highways of this state without wearing protective headgear that complies with standards established by the commissioner of public safety; and no person shall operate a motorcycle without wearing an eye-protective device, (b) The provisions of this subdivision shall not apply to persons during their participation in a parade for which parade a permit or other official authorization has been granted by a local governing body or other governmental authority or to persons riding within an enclosed cab. Subd. 5. Driving rules. (a) An operator of a motorcycle shall ride only upon a permanent and regular seat which is attached to the vehicle for that purpose. No other person shall ride on a motorcycle; except that passengers may ride upon a permanent and regular operators seat if designed for two persons, or upon additional seats attached to the vehicle to the rear of the operator's seat, or in a sidecar attached to the vehicle; provided, however, that the operator of a motorcycle shall not carry passengers in a number in excess of the designed capacity of the motorcycle or sidecar attached to it. No passenger shall be carried in a position that will interfere with the safe operation of the motorcycle or the view of the operator. (b) No person shaIl ride upon a motorcycle as a passenger unless, when sitting astride the seat, the person can reach the footrests with both feet. (c) No person, except passengers of sidecars or drivers and passengers of three-wheeled motorcycles, shall operate or ride upon a motorcycle except while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (d) No person shall operate a motorcycle while carrying animals, packages, bundles, or other cargo which prevent the person from keeping both hands on the handlebars. (e) No person shall operate a motorcycle between lanes of moving or stationary vehicles headed in the same direction, nor shall any person drive a motorcycle abreast of or overtake or pass another vehicle within the same traffic lane, except that motorcycles may, with the consent of both drivers, be operated not more than two abreast in a single traffic lane. (!) Motor vehicles including motorcycles are entitled to the fuIl use of a traffic lane and no motor vehicle may be driven or operated in a manner so as to deprive a motorcycle of the full use of a traffic lane. (g) A person operating a motorcycle upon a roadway must be granted the rights and is subject to the duties applicable to a motor vehicle as provided by law, except as to those provisions which by their nature can have no application. (h) Paragraph (e) of this subdivision does not apply to police officers in the performance of their official duties. (i) No person shall operate a motorcycle on a street or highway unless the headlight or headlights are lighted at all times the motorcycle is so operated. (j) A person parking a motorcycle on the roadway of a street or highway must: (1) if parking in a marked parking space, park the motorcycle completely within the marked space; and (2) park the motorcycle in such a way that the front of the motorcycle is pointed or angled toward the nearest lane of traffic to the extent practicable and necessary to allow the operator to (i) view any traffic in both directions of the street or highway without having to move the motorcycle into a lane of traffic and without losing balance or control of the motorcycle, and (Ii) ride the motorcycle forward and directly into a lane of traffic when the lane is sufficiently clear of traffic. Subd. 6. [Repealed, 1999 c 230 s 46] Subd. 7. Noise limits. After December 31, 1978, noise rules adopted by the Pollution Control Agency for motor vehicles pursuant to section 169.693 shaIl also apply to motorcycles. History: 1967 c 875 s 1-5; 1969 c 1123 s 1-3; 1969 c 1129 art I s 18; 1971 c 226 s I; 1971 c 491 s 35; 1974 c 133 s I; 1975 c 29 s 3-5; 1976 c 295 s 1. 1977 c 17 s 1-4; 1977 c 134 s I; 1981 c 357 s 63; 1982 c 548 art 4 s 13; 1983 c 216 art 1 s 29.30; 1983 c 345 s 8; 1984 c 549 s 32,33; 1985 c 248 s 70; 1986 c 444; 1995 c 40 s 1; 1997 c 159 art 2 531; 1998 c 398 art 5 s 55; 2000 c 169.974, Minnesota Statutes 2006 Page 3 of 3 489 art 6 s 30; 2001 c 60 s I; 2002 c 364 s 18: 2002 c 37/ art Is 49 Please direct all comments concerning issues or legislation to your t:!Q\!sgli!M:1ber or SJ.te~eJl~tor. For Legislative Staff or for directions to the Capitol, visit the Conli!G1I"J~ page. G~[1eralguestio!J$.Qr comrnent.~, httn-f/www rpvl"nr lpo .;;:.t::ltP. mn Il~!hin/ap'tnllh nhn?tvnp=~x.-vp~r=l"llrrpntx.-nllm=l AO 074. 7/""lOnn7 Council Agenda: 7/9/07 51. Consideration of Approvinl!: Plans, Specifications and Bid for Hillcrest Park Plav Structure. (S.N.) A. REFERENCE AND BACKGROUND: Hillcrest Park is located on the west side of Monticello offC.S.A.H. 75. This park has been receiving more and more use every year with the growing city and newly refurbished ball field. Hillcrest Park is an active recreation park with a ball field and play structure. The park is in need of a new play structure that will provide for several children. The old structure is a wood play system that still remains but is in need of replacement. The current structure was installed in the early 80's and has served its purpose. The 6x6 posts are rotting off at the bases and providing an unsafe structure for the children to play. The Parks Department has already removed the swings from the structure due to their support post rotting and breaking off. It is not only a safety concern as it stands now but also the duty of the city to provide a safe place for the children to play. The Parks Department would like to provide a play structure that is safe and adequate for the use that the park receives. The play structure chosen by the Parks Commission and Parks Superintendent was selected from a few different play structures and we felt that this particular structure provided the best quality and equipment for the price. The play structure provides use for ages 5-12 and also includes a tot swing with an ADA seat included and will be ADA accessible. The installation of the play structure will be an Eagle Scout Project and has allowed for a larger play structure with more play opportunities due to the cost savings of the installation. The placement of the play structure will be located in place of the current structure. This location allows parents watching the ball game to also see the play structure and their children using the structure. The structure will be very visible from CSAH 75 and River Street to attract passers by. Funding for this project is in the park budget in an amount of $40,000.00 for park improvements. B. ALTERNATIVE ACTIONS: 1. The first alternative action would be to approve the Plans, Specifications and Bid for the Midwest Plays capes Playground System. 2. The second alternative would be to not approve Plans, Specifications and Bid for the Midwest Playscapes Playground System. C. STAFF RECOMMENDATION: The Parks Superintendent, Parks Commission, and Eagle Scouts recommend approving plans, specifications and Bid for the Midwest Playscapes Playground System as outlined in alternative #1. D. 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"e e ,5 "'5g..", i!~I"'~'" Hill:8I!?:c:",IO.e" .".~:!l,~B.9!"hi ;~R~:!~~ ~~~;~CI~~~il~1 ~~;I~lrIIW IJ~IPi~1~,;i;~j~~!!I!ee~~~~~II!I~1 Ii> i ~ ~ iil ~ ~ ~ 11 ~ ~ II '" C.! ill 0,5 " .. il c.,. gti ~ ill E 0..2>"0 <= ~ i~I~~~e ~INll~il~~I;~~:'r~~~~.~~~~.~~I~~ ~ 'D ~ c: '- -- -- -- 0.... ~ 0 fIJ 2>::J U).9 8. Q) II') >0"0 i= ~ ~ ~ ~ cG.D d -cl ai ~ ~ .&~ ~ ~ l.~ ~ ~ M ~ LO ~ ~ -0 ~ i[ fij ~ - N M~ ;:n 1O F:'iiD Oi" hm:~ i!nn~ ffi. 'hh~ li1 . " . . g 11I-......... !e ;;: ,,~~ Z11jll ~"g "'~ll L~ "'''". (30... ~1-.t5 "'~ ~ ~ !:: iO-1 ~l.. ,{~:ai .. "' ~8 ,.',": So:: ~ iiil!l ~iil ~ ~*tr ~ 9 9 ~ ~~~~i~ ~ ~ -' ~ ~ ~ ~ !; ~ ~ t- o ., z :s ll. w I- (j) !? In o ~ o z'<!" -0 (/)~--co WQl~ o..~M <(::3U') o(J)U') (J)-z >-$::;;; :5.b - ll.(J)]! I-Qlw (J).5'" wll.6 :S:8 aU') ::;;; o --I --I W () - I- Z o ~ z ::;;; Council Agenda: 7/9/07 5J. Consideration of Modifvinl!: Composition of the Fiber Optic Committee (JO) A. REFERENCE AND BACKGROUND: As you know, a few weeks ago the City Council established a Committee for the purpose of assisting the City Council in implementing the Fiber Optic development program. This Committee includes certain members of staff, Mayor Herbst, Councilmember Mayer and Lynn Dahl. None of the paid consultants working on this project are members of this committee. In reviewing this situation, it was found that Lynn Dahl was included as a member of the Committee which results in a conflict of interest in the event we wish to utilize Dahl's services for public relations and marketing. In response to this situation, staff and Lynn Dahl request that Lynn be allowed to step offthe Committee and instead be available to serve the Committee as a paid consultant in assisting with program implementation as the need arises. B. AL TERNA TlVE ACTIONS: 1. Motion to accept proposal requesting that Lynn Dahl step-off the Fiber Optic Committee. This alternative will allow the City to obtain services from Lynn Dahl without problems relating to conflict of interest. Please note that based on her special understanding of the Fiber Optic project and to her performance as a member of the task force, the Committee is likely to lean on Dahl for local marketing and public relations assistance. The Committee will oversee her work accordingly. 2. Motion to deny request. C. STAFF RECOMMENDATION: The City Administrator recommends alternative 1. At this stage in the development of the system, it is not fair to expect that Lynn Dahl would provide marketing assistance completely as a volunteer and at no charge. Therefore, it is recommended that Council select alternative 1 which would allow Dahl to be compensated for efforts relating to development of information campaigns. Under this alternative, the City would contract with Dahl like any other consultant, provide direction and monitor her work accordingly. Council Agenda: 7/9/07 7. Update on Stormwater Pond Issues and Public Information Meetinl!:s. (BW) A. REFERENCE AND BACKGROUND: Residents living next to stormwater ponds often contact City staff seeking information on the design and maintenance of these ponds. The information most commonly sought after ranges from pond maintenance procedures to questions on why there is standing water on their lot following heavy rains. As the City grows we anticipate that the number of people with questions related to stormwater ponds will also increase, therefore staff is planning on holding several public informational meetings for stormwater ponds this fall. Residents most commonly request information pertaining to the maintenance of stormwater ponds, especially in regards to the removal of debris and vegetation. Residents often want to know ifthey can trim or remove vegetation in and around the pond, but once we explain that this vegetation serves to clean the water and prevent young children and pets from entering the pond they usually withdraw their request. Residents also ask if the City picks up loose debris and trash in the pond or whether the homeowner is responsible for doing so. Staff has also noticed a recent increase in the amount offencing, landscaping, irrigation systems, manicured lawns and structures located within conservation and drainage easement areas. This can become an issue when standing water encroaches upon or covers these elements for several days at a time. Residents also often ask why they have standing water in their yard following a heavy rain. When staff explains that a portion of the lot is covered by a drainage easement to allow for such standing water the homeowners are typically unaware that such an easement existed on their property and ask why they were never made aware of this. To address the issues outlined above, City staff plans on holding several public information meetings this fall to help educate the public on the design and maintenance of stormwater ponds and their associated conservation and/or drainage easements. These meetings are intended to allow residents to better understand the design and maintenance of stormwater ponds and easements to help prevent further misunderstandings in the future. Staff also plans on holding separate meetings with local realtors this winter to request that they better communicate stormwater ponding and easement issues with their buyers prior to them purchasing the property. B. ALTERNATIVE ACTIONS: No action is required by Council at this time. This is an informational item only. C. STAFF RECOMMENDATION: N/A. D. SUPPORTING DATA: None. Council Agenda: 7/9/07 8. Consideration of a request bv Gerald and Jamie Paulson (AST SDortS) to waive Dlanninl! aDDlication eXDenses invoiced bv the City of Monticello. (AS) A. REFERENCE AND BACKGROUND: Mr. Gerald Paulson has requested that the City Council waive the payment of fees associated with the development of the AST Sports Building on Hart Boulevard. Mr. Paulson has indicated that the City should consider waiving these fees because of a lack of clarity in the City's process in requiring "plan review deposits". To summarize events and discussion on this item to date: . In September of2004, AST Sports, through contractor Structural Buildings, applied for a conditional use permit for a proposed building at Hart Boulevard. . At the time of application, it was required that the applicant pay a $125 non-refundable fee (for cost of public hearing publication and notifications) and "all necessary consultant expenses". As such, a follow-up letter regarding the application was sent, which among other items, requested a "plan review deposit" of $1 000. The letter specifically cites that the amount is a deposit to cover the expenses incurred during review of the submitted plans. To re-state, the letter cites the application was for conditional use permit and associated plan review. . Subsequently, the Paulson's were granted approval of their planning application in October of 2004. . After approval, the Paulson's, again through their contractor Structural Buildings, applied for a building permit. The date of building permit application was December 20, 2004. As part of the building permit review, applicants are charged a "plan review" fee. You will note that the building permit application does not refer to a deposit. . The building permit's "plan review" fee is based on the estimated value of the building and is a fee for review, not a deposit. The fee is directly related to the Building Department's review of the building permit application as related to the structure itself and the building site. Although the Building Department will require conformance to any planning application approval, this review (and the fee) is not related to the planning application. . At the time of building permit application, there was no question or discussion with Community Development staff regarding fees paid with the permit in relationship to earlier fees and deposits. . On June 29th, 2006, following implementation of reconciliation measures regarding planning application deposits, the Paulson's were mailed an invoice relating to their original planning application deposit. You will note that the cover letter indicates that the reconciliation refers to the "recent planning application and/or project". In short, the Paulson's planning application generated expenses of $2300.45, or $1300.45 above the deposit supplied to cover "all necessary consultant expenses". These expenses were only consultant expenses and did not include any staff time involved with the review ofthe planning application. Council Agenda: 7/9/07 · The first request for further information on the invoice was made by Mr. Paulson in October of 2006. At that time, Mr. Paulson was provided with a detailed financial project history, as well as copies of all consultant invoices. After that time, both Finance and Community Development staff had discussions with Mr. Paulson regarding the nature of fees and deposits for his project. The separate review processes involved with both the "plan review deposit" and "plan review" fee were described in detail during those conversations. · Mr. Paulson did not pay the invoice and was subsequently sent notification that should he choose not to pay the invoice, the amount due would be assessed, with interest, to his property. This is standard City policy regarding unpaid invoices. Mr. Paulson had the option of appearing before the City Council to contest. He has exercised that right, which brings us to today's discussion. Essentially, Mr. Paulson has indicated that the City was unclear in the language regarding the deposits and fees. As such, he is requesting the City waive the overage in expenses incurred during the review of the planning application. B. ALTERNATIVE ACTIONS: 1. Motion to deny the request for waiver of city expenses as invoiced on June 29, 2006 related to the AST Sports planning application, with the provision that no interest be charged. 2. Motion to approve the request for waiver of city expenses as invoiced on June 29, 2006 related to the AST Sports planning application. 3. Motion of other. C. STAFF RECOMMENDATION: Staff has made every effort to provide Mr. Paulson with detailed information at each step of the development process. Initial application materials and communications seem to present clearly what the deposits were for. When Mr. Paulson inquired about the nature of the invoice, staff provided detailed information and explanations. We have also had an opportunity to sit down with Mr. Paulson and the Mayor to discuss the issue. To-date, staff has not received any comments from other applicants relating similar confusion about the separate plan reviews. It should be noted that there was a significant lapse in the time between approval of the application and the reconciliation of deposits against expense. The reconciliation process took longer than is currently the case. This is due to the initiation of and changes made in the reconciliation process (which were in process at that time). These changes have made the accounting of development projects more streamlined. It is staff's recommendation that the invoice be paid, with waiver of any interest due. In regard to any lack of clarity in relationship to fees and deposits, staff has and continues to make improvements in the development process; some of which address the fee and deposit structure, which may help to eliminate confusion. These include pre-design meetings with the applicant, a development handbook, and the development of a detailed fee and deposit summary (which was provided to the City Council in June.) Council Agenda: 7/9/07 In the event that Council does request payment, should the invoice go unpaid, it will be certified to the County Auditor as an assessment for 2008 payable taxes. D. SUPPORTING DATA: A. Application Review Letter dated 09/14/04 B. Public Hearing Application C. 06/29/06 Invoice and Cover Letter D. Assessment Notification E. Detailed History and Cover Letter dated 10/23/06 F. Building Permit Council Agenda - 7/9/2007 C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director, Street Superintendent and Construction Observer Karen Ludvigson that the City Council review the report and accept it as outlined in alternative #1. City staff will then move forward with correcting the problems noted in the report. D. SUPPORTING DATA: Copy of 2007 Annual Sidewalk Inspection Report. Council Meeting - 07/09/2007 9. Review of 2007 Annual Sidewalk Inspection Report and authorization of repair work. (1.S.) A. REFERENCE AND BACKGROUND: Each year the City inspects the condition of the boulevard sidewalks and those sidewalks located on our property throughout the community. This is usually completed during the summer months so that adequate time is made available for the City and/or property owners to take care of the needed repair of the sidewalks. For sidewalks located on the "grid" the City will repair or replace up to 2 sidewalk panels per property at no cost to the property owner. The "grid" sidewalk is recognized as an area serving more than just the local neighborhood. Additions and subtractions to the "grid" are approved by City Council. Many of the sidewalks on the "grid" were constructed using 75% City money and 25% assessment to the property owner. If any major sections of the sidewalk on the "grid" are in need of total replacement the City would again share in the cost to replace those sidewalks at the 75% /25% rate. This year we had 10 panels that need replacement and approximately 59 panels needing maintenance or repairs and many that need monitoring for the future as they could become candidates for repair or replacement. In addition, we have 7 areas that need curb/pedestrian ramp replacement. Most of the sidewalk panels needing repair are for sidewalk on the "grid" and are 2 panels or less and the City is taking steps to replace these panels. There is one replacement location that City staff will be dealing with the property owner to have them pay for replacement of 4 panels or make those necessary repairs themselves. Should those repairs not be made by the property owners or they do not pay us, we will bring that item back to you at a later date to set a public hearing to order the repairs. The sidewalk grinder purchased in 2005 has worked well in reducing trip hazards and it will be put to work this summer on many of the vertical rises and trip hazards shown in the report. We have added to the inspection criteria under II B.1. "in the inspector's opinion" and "repair or" to allow some discussion on the part of the inspector and to grind/repair some sections rather than replace them. B. ALTERNATIVE ACTIONS: I. The first alternative would be to review the report and accept it as drafted and to authorize repair work. Changes are proposed to the standard specification for which the inspection, maintenance and replacements are done under II B.1. as outlined above. 2. The second alternative would be to review the report and request changes pnor to the acceptance by the City Council. 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'" t< C '" "' H 0 ro " OJ " 0 "' Ul 0 0 '" H H '" W W Ul W H Ul OJ '" w w OJ w wen "'''' '" OJ ~- '" '" '" e '" Nof:>oCJ\...... f-'.t> Lnl-'NI-' co C H H '" .................. ... '" H '" .. .. Ul .. NO'l\DOO-...J W NO\N\DOWI-'O Ul m " en en '" m ONO~NNOO~NO~Wa\DCOm '" '" '" '" :;: '" NO\I-'OCO~O~CJ\ON~OWO\~ :;: '" 0 '" - . ,.,. . "' ~ .. .. Z .. N-...]~~COO-...]OOO\WNO~O\O " '< ~ '" '" el '" ~1-'-"']OOWOLnOOO\-"']~OOI-'\D el ~ Ul Ul t1 n H '" ro " '0 '" '" 0 '" "' 0 '" 0 '" '0 " ~ "' Z el 00 C'C' mo ..'" 00 "'Uln 'H ,"el 0", '" -0 -J'" .. :;: "'0 "''' nel "H 'On '0", "t< Ot< "'0 Council Updates Assembled By City Administrator, Jeff O'Neill 07/09/07 Finance Assistant Position - Elevated from Grade 5 to Grade 8. The position currently held by Annie Zimmerman was reviewed last week with new tasks inventoried and estimated adjustments to points made in accordance with the City's pay equity plan. This analysis was completed by the City Administrator with assistance from Cathy Shuman and review by the Personnel Committee. As you may know, the position has evolved in response to external demands and taken on new responsibilities in 2006 and 2007. Please contact me for more information as to the basis for the adjustment in points. In January 2007 Zimmerman had requested respectfully requested reevaluation of her position and was told that that her position would be reviewed in conjunction with a City-wide study to be completed as soon as possible. At that time, it was hoped that the study would be completed by April 1. As you know, due to a variety of circumstances, the study has not gotten off the ground. Late last week Zimmerman informed us that she had been offered a position with the City of Maple Grove and respectfully requested that the City review her position in terms of the pay equity before she made her decision to take the position. Zimmerman is a well trained and key employee in a department that is already working past capacity so it was very important to review her position immediately. As a result of this review it was determined that it was appropriate to move the position to an estimated grade 8 level. Zimmerman understands that this is an estimate and the points could shift again depending on the results ofthe upcoming pay equity study. As a result of the shift in grade, Zimmerman elected to stay with the City of Monticello. We are grateful that she provided the opportunity to address her unique circumstances prior to making a decision to change jobs. This situation points out the continuing need to get our job descriptions updated and pay equity plan established accordingly. Personnel Director Versus Hiring Part Time HR person. This item was discussed at the previous meeting of the City Council with action tabled pending gathering of the Personnel Committee for further review. Unfortunately, schedules have not allowed for the Committee to convene so this item must wait another three weeks until the next City Council meeting. At issue here was whether or not to hire Sherrie Le for two years working 25 hours per week or hire her as a consultant to work on the job description/pay equity study and provide other assistance as needed as a consultant. Budget Development - Response Plan Relating to Drop in Tax Capacity. Due to the reduction in tax capacity resulting from the drop in market value of the utility company facilities, it is important that that City staff obtain input from the City Council on priorities. This information is very important to the budget setting process. It is hoped that a workshop can be set-up soon for the purpose of reviewing the impact of the situation on revenue along with a discussion on the budget. At the moment, staff is working on the budget with the knowledge that cuts in operational spending/services might be necessary in the face of the revenue reduction. BIO Science - Eden Prairie Visit Potential goals and implementation steps relating to this initiative are being incorporated for review in conjunction with the comprehensive plan. More to follow. Site Review Meetings - Attendance Welcome. This is an open invitation to all Council Members interested in learning about the detail relating to various projects and initiatives in play via attendance at our Tuesday AM (8:30) site review meetings. Attendance from time to time at this meeting will provide you with a comprehensive view of the scope and variety of work in progress. I think you will find attendance both interesting and productive thus helping you in your decision making. Please let me know in advance when you wish to attend. I am hoping that I can get each member of Council to attend at least once per quarter. Update Provided by Building Department - Rental Housing Licensing Ordinance. 1. Fee Schedule: The proposed fee schedule has been updated. The cost per structure has been changed from $60.00 to $45.00 per structure. The per unit cost of$15.00 remains unchanged. The license transfer fee is reduced from $45.00 to $35.00 and the late application fee is changed from $60 to "double the standard license fee". 2. HUD and MHFA inspections: Deb Ward spoke with Gayle Rusco (MHFA Housing Management Officer) over the phone. MHF A does the HUD inspections. Ms. Rusco said that apartment buildings that score 60 points or more (60 point system is required by HUD) are inspected every three years. If a building receives a score below 60 then it is inspected every year until it scores 60 or more. MHFA only inspects 10% of the dwelling units per building unless they find multiple violations then they may request to inspect more. Ms. Rusco also stated that MHF A and HUD would accept city inspections in lieu of their own. MHF A and HUD inspectors are not required to be certified. 3. Frequencvof inspections: Staffis looking into a rotating schedule of inspections to ease some of the burden on the manpower ofthe Building Department. The proposed inspections would be; initial license period = all residential rental buildings receive a full inspection, there after (2009 license cycle) inspections would be on an every other year basis. On odd years (2009, 2011,. . .) the Building Department will conduct full inspections on odd addresses and inspect only the common areas on buildings with even addresses. The process would be reversed in even years. Full inspections of rental dwellings in the off year (even address in an odd year or odd address in even year) can still be conducted at the discretion of the Building Official based on multiple violations in the common areas, blight violations, complaints from tenants, sheriff calls, etc. . . 4. Meetin!! with Mavor Herbst: A tentative meeting date of July 11, at II :00 has been set to discuss the concepts above further with Mayor Herbst. City Council Members interested in discussing this prior to the next review by the full Council should give me a call or attend the meeting on the 11th. Let me know if you plan on attending the meeting on the 11th so I can determine in advance if more that two wish to attend. If so we will need to stagger attendance to avoid violation of the open meeting law. Carlisle Village Tree Preservation The developer provided $64,000 for t he purpose of funding additional tree planting in the City of Monticello as required in the development agreement governing Carlisle Village. In addition a replanting plan for replacing trees has been provided and is currently under study. River City Lanes / Neighborhood Buffer Yard In the next few weeks staff hopes to have a planting plan for the residential side of the buffer yard in place and will be presenting such to neighboring property owners for individual input. In essence, the plan calls for development of a "mirror" level on the residential side, as proposed on the River City Lanes side. Residents will have the option oflocating trees as desired and may opt out if desired. It is our plan on granting some flexibility as to location of plantings. Funds for this project to be derived from original developer and from funds provided via the Carlisle Village settlement. Tree Planting at 3rd and Walnut Trees have been planted as requested along the boundary between the municipal parking lot and the 3rd street curbs. Territorial Road/Jamison ParcellBusch property. (see agenda item) AST Sports - Review Billing Questions (see agenda item). Personnel Policy/Personnel Handbook Development First Draft is close to completion. BIOSOLIDS PROJECT UPDATE J.S. Bids for the biosolids project were received on February 28, 2007. The lowest bid was received from John T. Jones of Fargo, ND in the amount of $8,900,00.00 which was $325,000 less than the engineers estimate. The bid included a vehicle storage building and mixers with heat exchangers in the sludge storage tank in addition to the biosolids dryer building and equipment. The biosolids committee and City staff as well as Mark Rolfe and Brett Weis have investigated funding alternatives for joint ventures and mutual aide in regard to biosolids with the cities of Big Lake, Buffalo and Otsego. The City of Buffalo, as you know, is building a Kruger dryer with incineration. The City of Buffalo has no excess capacity for other communities but it is possible they may assist another community when they can and visa versa. The City of Big Lake expects to be under design for a biosolids dryer before the end of the year. They indicated a willingness to enter in to some type of mutual aide agreement in the future and wanted updated optional costs as welL The City of Otsego is running out of storage at their wastewater treatment for biosolids. They are currently hauling their liquid biosolids all the way to Lester Prairie and their consultants are actively looking in to alternatives for them. Their consultants have requested the City of Monticello provide some cost information for debt service and for processing liquid boisolids from the City of Otsego on a short term or long term basis. The ball is currently in the consultants with the City of Otsego's hands in regard to their level of interest in having the City of Monticello process their boisolids. After 2 workshops on the biosolids project, one on April 9, 2007 and another on April 23, 2007, the council reviewed action relating to the bids for the biosolids at the regular meeting on April 23, 2007. Options were presented I. awarding the contract to the lowest bidder, 2. rejecting the bids and rebidding the project after a short time and 3. rejecting the bids and delaying the project for I to 3 years. Alternatives 2 and 3 were estimated to result in increased costs in the project. Action taken at the meeting was to reject the bids and to table the project for discussion for 60 days while the City worked out funding alternatives especially with Sunny Fresh Foods. Several meetings were held with Sunny Fresh Foods and the City presented all available information including engineering data on the past 2 years of intensive research on biosolids alternatives for drying. Our last meeting with Sunny Fresh was held on June 18,2007 at which time Sunny Fresh presented their thoughts on the biosolids dryer project, their future activities in regard to wastewater and their preferred method for funding the biosolids project. The letter was delivered a few days later. I received my copy on June 25, 2007. A copy of their letter is enclosed for your review. The wet land work at the wastewater treatment plant is underway with the approval of change order #1 to the school and Glorious Church pond project. In a nut shell, Sunny Fresh Foods is going to research over the next few months the possibility of separating their food processing waste from the domestic waste and building a treatment facility on site that would reduce approximately 30% of their biosolids loading coming from the food processing side. If it were to be successful they would then try to dispose of the thicker waste through some alternative means sending the waste water again to be mixed with domestic wastewater from Sunny Fresh and delivered to the City of Monticello. They further indicated that their preferred method of financing the biosolids project would be through the rate structure. This all took longer than the 60 days requested by council. Since the last meeting with Sunny Fresh the biosolids committee has been researching agreements with municipalities and industries for funding wastewater improvement debt service projects through rates. We have a draft agreement put together and it should be in final draft form shortly. We are also updating alternatives for proceeding with the biosolids project or continuing to delay it. We are also working on another interim agreement with Sunny Fresh Foods to extend their permit long enough for them to conclude their studies on a treatment facility at their site. Weare also continuing to work with the City of Otsego and their consultants on the possibility of processing biosolids from the City of Otsego on a long term or short term basis. We are hoping to present this information to the City council in the form of a workshop to be held just prior to the July 23, 2007 meeting or the August 13, 2007 meeting. No new information on the topics below. TH 25 Traffic Study 4-way stop at School Boulevard and Deegan Avenue Pedestrian Facility Improvements related to new School District Bus Route Restrictions River Street Pedestrian Facility Improvement Project 6th Street Pedestrian Facility Improvement Project City Right-of-Way Ordinance. Update on CSAH 18 Roundabout Landscaping (City of Monticello Project No. Snowmobile Ordinance Erosion Control/Conservation Easements 6th Street Pedestrian Facility Improvement Project fall. Administrator/City Staff Goal Setting Development of Comprehensive Lighting Plan - Prioritization - Capital Improvement City of Monticello/City of Big Lake/Big Lake Township/Sherburne County PUD Standards - Next Step - Schedule series of joint meetings. Customer Service Requests - Process for recording, completion and follow-up. Danner Trucking Site Monti Hill/Spirit Hills Combo... Potential residential development GIS Business Retention Meeting - Presentation of Development Handbook Water Tower Park Design approval and authorized Tower Drive/park parking feasibility study. Zoning Ordinance Revision Outside Storage Temporary Signs Discussion Old River City Lanes Re-Development Performance Evaluation System Erosion Control Fee and Deposit Policy YMCA Property Update on Fiber Optics Network project HRA/EDA merger Fleet Farm Kjellberg West Storage Building Built Without a Permit Wright County Land Use Plan TH 25 Improvements School Boulevard Pedestrian Facility Improvements