City Council Agenda Packet 10-08-2007
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday October 8, 2007 - 7 p.m.
NOTE: Special meeting on HRA/EDA scheduled for 5:30 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 September 24, 2007 Regular Council Meeting.
2B. Approve minutes of September 24, 2007 Special Council Meeting - HRA/EDA Workshop
2C. Approve minutes of September 24, 2007 Special Council Meeting - Public Works Facilities
Needs Workshop
3. Consideration of adding items to the agenda.
A. XceI Energy presentation regarding dry cask delivery by rail.
4. Citizen comments, petitions, requests and concerns.
5. Consent Agenda:
A. Consideration of ratifying hires and departures.
B. Consideration of approving charitable gambling license application for Monticello
Youth Hockey at Cornerstone Cafe.
C. Consideration of approving a request for a conditional use permit for a comprehensive
sign plan for a commerciaVretail complex in the Central Community District.
Applicant: Seluemed, LLC.
D. Consideration of appointment of Deputy Registrar 002 for City of Monticello.
E. Consideration of approving final plat for Monticello Business Center 5th Addition.
F. Consideration of setting workshop date in November for review of City of Monticello
Snow Plow/Removal Policy (focusing on pathways) and consideration of changes for
the 20007/2008 season.
6. Consideration of items removed from the consent agenda for discussion.
7. Consideration of ratification of union contract.
8. Consideration of approving an RFP for Engineer Design/Build services for the fiber optics
network and authorize sending out the RFP for bids.
Agenda
Monticello City Council
October 8, 2007
Page 2
9. Consideration of appointing Council representative to sit in on interviews of applicants responding
to City's RFP for audit services
10. Consideration of approving payment of bills for October, 2007.
11. Adjourn.
Council Minutes: 9/24/07
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday. September 24. 2007 - 7 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent:
None
1. Call to Order.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of September 10. 2007 Relmlar Council Meetinl!:.
SUSIE W01CHOUSKl MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER
10,2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
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2B. Approve minutes of September 10. 2007 Special Council Meetinl!: - BiosoIids Workshop
Tom Perrault noted a correction on page 1 stating that delaying the project 3-4 years could
result in an increase of$3,000,000 not $2,000,000.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 10,
2007 SPECIAL MEETING ON BIOSOLIDS WITH THE CORRECTION NOTED.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of September 12. 2007 Special Council Meetinl!: - Budl!:et Workshop.
Tom Perrault noted his motion was to set the levy at $7,600,000 and the amount of difference
that the City would have to make up between the proposed levy and the adopted levy is
$200,000.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 12,
2007 SPECIAL COUNCIL MEETING ON THE BUDGET WITH THE CORRECTION
NOTED. SUSIE W01CHOUSKI SECONDED THE MOTION. MOTION CARRIED
WITH WAYNE MAYER ABSTAINING.
3. Consideration of addinl!: items to the al!:enda.
The following items were added to the agenda: 1) Council representative to attend Xcel
Emergency Exercise at Buffalo on November 6,2007; 2) Calling for a hearing on the
consolidation of the EDA and HRA; advertising for members for the newly created board and
appointing Sandy Suchy to the HRA on an interim basis; 3) Weeds on the east end of7th
Street; 4) Use of Monte Club site and former bowling alley site; 5) Pedestrian traffic on
School Boulevard; and 6) Update on fiber optics.
Council Minutes: 9/24/07
4. Citizen comments. petitions. requests and concerns.
LeRoy Miller, outgoing Chairman of the Riverfest Committee expressed his appreciation for
the work the Streets, Parks and Water Department did to help prepare for Riverfest and for the
clean up work after the event. He also thanked the Council for their support of the
celebration.
Pat Holthaus spoke regarding the recently adopted rental housing ordinance. She stated that
the notice given regarding the informational meetings and public hearings didn't allow
sufficient time for someone out of the area to be able to attend. She stated that inspection fees
are taxes so the fees set by the ordinance increases her taxes but she is most concerned about
the required inspections. Her opposition to the inspections is based on I) Rental property is
considered private property and the required inspection is a violation ofthe 4th amendment in
the Bill of Rights; 2) The inspection is ofliving conditions and not structural issues therefore
treating renters as second class citizens since single family homes are not inspected; 3) There
is a duplication of inspections and felt that taxpayers should not be subsidizing HUD
inspections; 4) These inspections could open the City up to lengthy litigation. She felt that
City employees should not be doing the inspections but that the City should contract with
outside firms for this work and 5) It does not focus on the problem rentals. Instead of
applying this to all rental properties she felt it would be more efficient if it was applied to
those properties that had problems such as having a certain number of police calls to the site.
Pat Holthaus offered the following amendments for the Council to consider:
I) Inspections not be done by city staff; 2) The basis for inspections should be reasonable
cause for suspicion or if there are excessive police calls to the site; 3) Grandfather in and
exclude from inspections those properties that have not had excessive police calls or other
problems and 4) Instead of annual inspections have the inspections every five years with the
first inspections to start in three years. Three years is adequate time to inform the tenant that
they are open to public inspection. She stated that the October I deadline of the ordinance is
fast approaching and she is asking that the Council take action on her request prior to that
time.
Gary Anderson, Chief Building Official responded that city staff has had discussions with Pat
Holthaus regarding the ordinance. If Pat Holthaus wishes to leave a copy of the letter he will
address her concerns one by one. Clint Herbst said it was unfortunate that the City had to put
this ordinance in place but it was necessary in order for the city to deal with problems relating
to rental properties. Pat Holthaus stated the focus should only be the problem housing. Joel
Jarnnik, legal counsel, said the City needs their ordinance to apply to all properties that are
rental housing and setting the ordinance up to only focus on "problem housing" would open
the City up to legal challenges. Clint Herbst felt that contracting the inspection work would
be more expensive than having city staff do it.
Pat Holthaus reiterated that she is opposed to blanket inspections of property. Wayne Mayer
asked if she had expressed her comments at any of the public meetings on the ordinance. She
stated that being out of town she did not receive notice of the meetings far enough in advance
to allow her to attend. Gary Anderson stated that he would address the concerns raised by
Pat Holthaus by letter rather than attempting to do so at this meeting.
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Council Minutes: 9/24/07
5. Consent Al!:enda
A. Consideration of ratifying hires/departures for MCC, Liquor Store and Parks.
Recommendation: Ratify the hires/departures as identified.
B. Consideration of approving 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 approving temporary liquor license for Hi-Way Liquors wine tasting
event. Recommendation: Approve a temporary liquor license for Hi-Way Liquors
for their wine tasting event to be held on November 16, 2007 from 7 p.m. to 9 p.m.
D. Consideration of resolution declaring costs to be assessed, ordering preparation of
assessment rolls and setting date for public hearing to adopt assessments for Public
Improvement No. 2007-0IC, 2007 Street Reconstruction Program.
Recommendation: Adopt the resolution for the improvement project declaring the
costs to be assessed and setting the assessment hearing for October 22, 2007.
E. Consideration of resolution declaring costs to be assessed, accepting assessment roll,
and setting date for public hearing to adopt assessments for Public Improvement
Project No. 2006-31 C for the Reconstruction of Chelsea Road (Fallon Avenue to
CSAH 18). Recommendation: Adopt the resolution for the improvement project
declaring the costs to be assessed and setting the assessment hearing for October 22,
2007.
F. Consideration of resolution declaring costs to be assessed, accepting assessment roll
and setting date for public hearing to adopt assessments for Public Improvement No.
2006-02C for the reconstruction of Cedar Street (Chelsea Road to Dundas Road) and
the construction of Dundas Road (Cedar Street to Edmonson Avenue).
Recommendation: Adopt the resolution for the improvement project declaring the
costs to be assessed and setting the assessment hearing for October 22, 2007.
G. Consideration of adopting a resolution supporting a request for grant funds for the
ADA improvements to the Monticello Community Center. Recommendation: Adopt
the resolution supporting the request for EAID grant funds for ADA improvements.
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H. Consideration of approving a request for a conditional use permit for a comprehensive
sign plan for a commercial/retail center in the Central Community District. Applicant:
Seluemed, LLC. Recommendation: Approve the request for a conditional use
permit for a comprehensive sign plan as presented, based on a finding that the
proposed signage is within the allowed parameters of the ordinance and consistent
with the conditions for approval.
I. Consideration of approving a conditional use permit for a joint parking arrangement
for a restaurant facility located at 242 West Broadway. Applicant: Master's Fifth
Avenue, Inc. Recommendation: Approve the request for a conditional use permit
Council Minutes: 9/24/07
for off-site parking for Landmark Square, based on a finding that the proposed
arrangement is consistent with the conditions of approval and will not have an adverse
affect on the surrounding area, subject to the following conditions: 1) The applicant
shall provide information on the hours of operation for all interested parties; 2) A
properly drawn legal instrument executed by the parties concemed for joint use of
off-street parking facilities shall be provided. Said legal instrument shall be approved
by the City Attorney, filed with the City Administrator and recorded with the County
Recorder at Wright County and 3) The applicant shall comply with all conditions of
previously approved permits as they relate to the site.
J. Consideration of approving a request for final plat for First Minnesota Bank
Commercial, a two lot commercial subdivision in the CCD. Applicant: First
Minnesota Bank: Recommendation: Approve the final plat for First Minnesota Bank
based on a finding that the plat is suited for the specific development needs of the
property and that all lots in the plat will continue to meet the City's zoning
requirements with approval conditioned on the following: a) Compliance with any and
all comments from MnDOT regarding the plat and b) Revision of easement to comply
with City ordinance.
K. Consideration of review of proposals for mill and overlay for the 4th Street Park
Parking Lot, City Project No. 2007-14C. Recommendation: Award the mill and
overlay project to the low proposal from Hardrives, Inc. of Rogers, MN in the amount
of$12,215.64 and move forward with the project for completion this year.
L. Consideration of accepting quotations and approving the purchase and installation of
an open air shelter in West Bridge Park. Recommendation: Proceed with the
original proposal brought to Council on August 27, 2007 of a 16' x 16' steel structure
installed by Flanagan Sales with the Parks Department responsible for the construction
of the concrete slab. The total cost would be $12,638.87 and the project would be
completed within 10-12 weeks from order with funds coming from the 2007 Parks
Budget.
M. Consideration of a request to amend Section 3-9[E] as related to the regulation of
signage in the Central Community District. Recommendation: Adopt the amendment
to Section 3-9[E] as related to the regulation of signage in the Central Community
District.
N. Consideration of canvass of special election results of September 18, 2007.
Recommendation: Adopt Resolution No. 2007-72 canvassing the election and
declaring the results of the September 18, 2007 special election.
O. Consideration of replacement of 1997Ford Ranger 4 x 4 pickup for the Construction
Inspection Department. Recommendation: Authorize the replacement of the 1997
Ford Ranger with a new pickup purchased from Polar Chevrolet on the state bid in the
amount of $20,000, with an outright sale of the Ford Ranger to the general public to be
determined at a later date.
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Council Minutes: 9/24/07
P. Consideration of adding parking stalls and switching to angle parking adjoining the
north side of City Hall. Recommendation: Authorize the additional parking and
switching to much safer angled parking on the north side of City Hall at an estimated
cost of $5,440.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF
ITEMS #5A, #5B, #5C. #5D, #5F, #5G, #51, #5J AND #5N. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent al!:enda for discussion.
#5E Declaring costs to be assessed and setting hearing for Chelsea Road Reconstruction
Project, City Project No. 2006-31C: Bret Weiss talked about the two assessment options
presented in the agenda item. Option 1 used the cost of$70/front foot plus the cost of curb
making a total cost per front foot of$80.70. However since the bids came in below the
engineer's estimate, a second option is being proposed which would reduce the street cost
from $70/front foot to $60/front foot. Including the cost of the curb, the rate under this
second option would be $71/front foot. Bret Weiss recommended going with $71/front foot
rate.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE CHELSEA ROAD
IMPROVEMENT, CITY PROJECT NO. 2006-31 C DECLARING THE COSTS TO BE
ASSESSED, USING THE ASSESSMENT RATE OF $71/FRONT FOOT AND SETTING
THE ASSESSMENT HEARING FOR OCTOBER 22, 2007. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
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#5H Conditional Use Permit for a Comprehensive Sign Plan for a commercial/retail center
in the CCD District: Wayne Mayer asked Steve Grittrnan whether the applicant has finalized
or clarified what type of message board was going to be utilized. Wayne Mayer wanted to
make sure he is not giving preliminary approval to some kind of video board. Steve Grittrnan
responded that that 30 square feet of 100 square feet of signage is message board but it was
not clarified as to what kind of technology it would be. The final plan has not been submitted.
Steve Grittman noted the current code does not prohibit or regulate digital display. The only
regulation relates to flashing signs. Wayne Mayer stated he doesn't have a problem with the
reader board but he has concerns about having a definition of a video board. Wayne Mayer
suggested tabling this until it is known exactly what is being presented. Steve Grittrnan said it
could be tabled or it could be approved with the condition that it is not a video board. Steve
Grittrnan said the technology Wayne Mayer is concerned about was not place when the
ordinance language was written. Joel Jarnnik, legal counsel, asked when the application had
been submitted. Steve Grittrnan said he would check this and if necessary they would issue a
60 day extension.
WAYNE MAYER MOVED TO TABLE ACTION ON THE REQUEST FOR A
CONDITIONAL USE PERMIT FOR A COMPREHENSIVE SIGN PLAN FOR
SELUEMED, LLC UNTIL THE TYPE OF ELECTRONIC MESSAGE BOARD THAT IS
BEING USED IS CONFIRMED. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Council Minutes: 9/24/07
#SKConsiderations of proposals for mill and overlay of,fh Street Park Parking Lot, City
Project No. 2007-14C: John Simola provided clarification on the scope of the project.
CLINT HERBST MOVED TO AWARD THE MILL AND OVERLAY PROEJCT TO THE
LOW PROPOSAL FROM HARD RIVES, INC. OF ROGERS, MN IN THE AMOUNT OF
$12,215.64 AND TO MOVE FORWARD WITH THE PROJECT IN ORDER TO
COMPLETE IT THIS YEAR. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
#SL Open air shelter at West Bridge Park: Wayne Mayer asked about the costs involved
with Alternative #3. Tom Pawelk indicated #3 had the cost of materials from a local lumber
yard. Tom Pawelk estimated costs, including labor and equipment, to be $10,000-$12,000.
It was noted that the cost of materials for the 18' x 18' shelter would be approximately $1,700
but if you had the cost of the concrete slab it would bring it up to $2,500. This price does not
include labor. Tom Pawelk noted if the parks staff does the construction, they will be taken
away from their other duties.
Susie Wojchouski questioned the purpose of the open air shelter especially since there is
already a gazebo and shelter at the park. Because this shelter is proposed to be located closer
to the playground equipment it was felt it would be used more. Tom Pawelk added that this
shelter could also be rented out. Wayne Mayer asked if the 16' x 16' steel structure would
be installed by the contractor or park staff. Tom Pawelk indicated the installation would be
done by the contractor. Wayne Mayer noted that there are probably a lot of contractors who
would be eager to build the shelter and it was suggested that the staff go out for bids on the
construction of an 18' x 18' wooden shelter. Tom Pawelk will get quotes from some of the
local contractors and bring it back to the Council.
SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE INSTALLATION OF AN
OPEN AIR SHELTER AT WEST BRIDGE PARK AND TO DIRECT TOM P A WELK TO
COME BACK TO THE COUNCIL WITH QUOTES FROM LOCAL CONTRACTORS TO
DO THE WORK. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
SM Ordinance amendment relating to Section 3-9[E] regulating signage in the Central
Community District: Tom Perrault questioned provision #h in the existing ordinance which
states that signs shall not be internally illuminated but may be externally illuminated. Steve
Grittman said the intention is that these signs be lit externally by flood lights. The Design
Advisory Team felt externally lit signs were more in keeping with the guidelines of the
Downtown Revitalization Plan. Clint Herbst said the downtown redevelopment is not
working that well and felt that there are some very attractive signs that are lit internally.
Brian Stumpf noted that the provision applies only for the signs that come out over the
sidewalk. Jeff O'Neill explained the signs are for pedestrians using the sidewalks and need
to be seen only for a short distance. Clint Herbst asked if there was anything in the ordinance
that prohibited the sign from extending out over the right-of-way. Susie Wojchouski asked if
the ordinance prohibited projecting signs along the TH 25 corridor. Steve Grittrnan
responded that there was some question whether the City could authorize extensions of signs
into MnDOT right-of-way.
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Council Minutes: 9/24/07
Steve Grittman pointed out that the amendment is removing the restriction that allowed
projecting signs only in the Broadway Downtown District and would allow them anywhere in
the CC District. Susie Wojchouski questioned the 6 square foot area for the signs as she felt
the signs should be bigger. Jeff O'Neill said the area of the sign and the height the sign is
placed at is not meant to be attract vehicle traffic but pedestrian traffic. Wayne Mayer
expressed concern about there being a proliferation of signs. Clint Herbst pointed out that has
not been the case in the past. The projecting signs have always been allowed but the
restriction is that they can't be lit intemally.
BRIAN STUMPF MOVED TO APPROVE THE ORDINANCE AMENDMENT FOR
SECTION 3-9[E] AS RELATED TO THE REGULATION OF SIGNAGE IN THE
CENTRAL COMMUNITY DISTRICT. SUSIE WOJCHOUSKl SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT AND CLINT HERBST VOTING
IN OPPOSITION.
Wayne Mayer clarified that the amendment allows projecting signs in all of the CCD district.
#50 Replacement of 1997 Ford Ranger 4 x 4 pickup truck: Tom Perrault questioned
whether the City had looked at used vehicles. John Simola stated they had checked with
Ryan's in Buffalo, Gould's in Monticello and a dealership in Foley. The prices for used
vehicles ranged from $16,000 to $19,000. At those prices staff didn't think it paid to buy a
used vehicle. The City would be saving a little less than $2,000 by going with a smaller
vehicle. The vehicle they are looking at is an extended cab with a door that opens in the back.
The new vehicle would be Y, ton or another smaller pick up. Brian Stumpf questioned if a
smaller truck would meet the needs for what the truck is used for. He asked about the price
difference between the 2007 and 2008 models. John Simola indicated there was very little
price difference. John Simola said when they go on the state bid they take that bid to the local
dealers to see if they can match it. John Simola said they spent a good deal of time coming
up with quotes and price comparisons. The motor in the old truck is not repairable and staff
felt they might get $ I ,000 for the vehicle if sold to the public.
TOM PERRAULT MOVED TO AUTHORIZE THE REPLACEMENT OF THE 1997 FORD
RANGER WITH A NEW PICKUP PURCHASED FROM POLAR CHEVROLET ON THE
STATE BID IN THE AMOUNT OF $20,000 WITH THE OUTRIGHT SALE OF THE
FORD RANGER TO THE GENERAL PUBLIC AT A DATE TO BE DETERMINED
LATER. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED
WITH WAYNE MAYER VOTING IN OPPOSITION.
#5P Consideration of adding parking stalls and switching to angle parking adjoining the
north side of City Hall: Tom Perrault questioned the cost ($5,440) for adding just five more
stalls. He wanted to know who used this parking. John Simola said the spaces would be used
by the Sheriff's Department and Public Works employees who come to City Hall for
meetings, etc. Community Center employees park on the pavement before and after the
loading zone. Brian Stumpf said he agreed with Tom Perrault about the cost and suggested
that the people who would be utilizing the proposed new stalls use the parking space at the
fire hall instead especially if it was short time parking. There was discussion on the problem
with parking spaces. There is limited parking area and limited space making entering and
exiting parking spaces difficult.
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Council Minutes: 9/24/07
WAYNE MAYER MOVED TO MAKE NO CHANGE TO THE PARKING AT THE CITY
HALL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
7. Consideration of vacatinl!: a portion of Fallon Avenue ril!:ht-of-wav located iust south of
Chelsea Road and authorize associated land exchanl!:e to accommodate road
realil!:nment.. City Proiect No. 2006-31C.
Bret Weiss explained that at a previous meeting the Council conducted a public hearing on the
vacation of a portion of Fallon A venue right-of-way. At that time the approval ofthe vacation
was tabled to allow the City attorney to research ownership of the underlying property. The
City Attorney in his review has indicated the City is the fee owner of the property and can
transfer the right-of-way to WCG Building Partners, LLC. In exchange for the Fallon Avenue
right-of-way WCG Building Partners will give the City 2,793 square feet of right-of-way for
Chelsea Road. WCG is also making improvement to their building and parking lot. Bret
Weiss was asking that the Council complete the action vacating a portion of Fallon Avenue
right-of-way.
BRIAN STUMPF MOVED TO VACATE THE PORTION OF F ALLON AVENUE
RIGHT -OF-WAY AS SHOWN ON THE EXHIBIT FROM WSB DATED 6121/07 AND
AUTHORIZE THE LAND EXCHANGE NECESSARY TO ACCOMMODATE ROAD
REALIGNMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Consideration of discussion on direction for a proposed amendment to the Monticello
city Ordinance rel!:ulatinl!: snowmobilinl!:.
Brian Stumpf stated he had received a number of phone calls from people who wanted to
comment on the snowmobile issue but were not able to attend the meeting tonight and he
would like the Council after discussion of the item table it so that these individuals would
have an opportunity to speak.
Tom Moores, Street Superintendent reviewed the contents of the City's existing ordinance.
Currently snowmobiles are prohibited in the following areas: I) Boulevards within public
right of way; 2) Private property without the owner's consent; 3) School property; 4) Public
property including parks; 5) Sidewalks or pathways; 6) Roadway, shoulder, or inside bank or
slope of any city trunk, county state aid or county highway; 7) Highway directly abutting a
public sidewalk or walkway and 8) Interstate highway or freeway. Basically snowmobile use
in the City is limited to traveling from a residence to a trail connection. Additional
snowmobile restrictions include no operation between II :00 p.m. and 7 :00 a.m. within 300
feet of a residence and at a speed not greater than 15 mph.
In reviewing ordinances from other communities, it was noted that most communities allow
snowmobile use within the city but with restrictions. Since MnDOT has a designated river
crossing in this area, stafffelt the City's ordinance should allow access to that crossing.
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Council Minutes: 9/24/07
Brian Stumpf asked how many snowmobilers know if a road is a County State Aid Highway?
Tom Moores said the average snowmobiler is not aware of that. Brian Stumpf asked ifthere
is a designated snowmobile route, would it be signed. Clint Herbst felt it was unfair that a
few snowmobilers who chose to ignore the regulations and operate their vehicle without
concern for the property and welfare of others should wreck it for those who are responsible
operators. Clint Herbst felt the question was how the City could enforce their existing
ordinance. Tom Moores said they have discussed this with the Sheriffs Department and the
Sheriff's Department indicated they are willing to do more patrols within the City. Susie
Wojchouski asked how severe the problem was. Tom Moores said last year 6 complaints
were sent to the Sheriffs Department and the previous year 14 complaints were forwarded.
Wayne Mayer noted that a lot of people won't complain although there is a problem. He felt
that perhaps the problems are created by the younger drivers who don't know the ordinance
regulations
Dane Hasbrouck, 12108 Aetna Avenue North, is a member of the snowmobile club and trail
administrator for the Wright County Club. He noted there is currently a designated trail that
is signed that goes through Monticello. He added that the next closest river crossing is in
Royalton. He indicated Martha Reger from the DNR would be willing to meet with the City
and the snowmobile club on this issue since this is a regional corridor.
Clint Herbst asked what the City could to take care of the violators adding that residents
whose yards and plantings are tom up by snowmobiles want to see something done to stop
that activity. Dane Hasbrouck stated there is some conflict involved because you have to
confront the violators and make them accountable for their actions. He said he has personally
tracked a violator down to get the snowmobile registration number so it can be reported. He
also felt education was important. The word needs to get out where trails are and what
activities are allowed.
Clint Herbst questioned whether they could get a list of snowmobile licensees and send a
letter and map out to them as means of getting the information out to the people who are
snowmobilers. He felt it was important for the City to work on this aspect of it. He felt it
should be brought up at a Police Commission meeting. Tom Moores indicated it had come
before the Police Commission and the Sheriffs Department indicated their willingness to do
some extra patrols.
Kelly Sinclair, 6545 East Oak Drive stated the snowmobile club he belonged to at Circle
Pines worked with the Police Department to patrol the trails. They were given phones to
contact the Police when they observed violations. Brian Stumpf noted that Circle Pines had
their own police department but felt this was something that should be brought up to Wright
County. They felt extra patrols during holiday breaks and weekends might help curb the
problem.
It was noted all children from the age of 12 and up have to go through snowmobile training.
Chris Tarvestad, 6701 East Oak Drive noted that in1977 the laws affecting snowmobiles
changed. He indicated that on the trail in Zimmerman there was a bright orange sign that said
"No Snowmobiling" and then an arrow directing the snowmobilers where to go. Clint Herbst
suggested that Tom Moores attend one of the meetings of the snowmobile clubs. It was felt
by those present that the existing route is not clear or well signed.
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Council Minutes: 9/24/07
Martie Posthumus, 9985 Aetna Avenue is secretary of the Wright County Snowmobile
Association. He stated the snowmobile club has in the past worked with the City. They have
signs at the entrances to the City and at the river crossing. They do this on a volunteer basis.
He felt more and bigger signs would be help the situation. He also felt there should be a route
that is more permanent and not subject to frequent changes.
SUSIE WOJCHOUSKI MOVED TO NOT CHANGE THE CURRENT ORDINANCE
REGULATING SNOWMOBILE USE AND ENCOURAGE TOM MOORES AND JOHN
SIMOLA TO WORK WITH THE SNOWMOBILES CLUB ON ADDITIONAL SIGNAGE
AND GET INFORMATION OUT ABOUT THE DESIGNATED SNOWMOBILE ROUTE.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
There was additional discussion about getting information out. It was suggested having
something in the newsletter. It was also suggested that Tom Moores follow up with the
snowmobile clubs on enforcements measures.
9. Consideration of makin!! an interim appointment to the Housin!! and Redevelopment
Authoritv.
It was noted that in addition to making an interim appointment to the HRA, the Council
should also call for a public hearing on October 22, 2007 for the consolidation of the
HRAlEDA.
BRIAN STUMPF MOVED TO CALL FOR A PUBLIC HEARING ON OCTOBER 22, 2007
FOR THE CONSOLIDATION OF THE HRAlEDA AND TO APPOINT SANDY SUCHY
TO SERVE ON THE HRA BOARD IN THE INTERIM. SUSIE WOJCHOUSKI
SECONDED THE MOTION CARRIED UNANIMOUSLY.
Jeff O'Neill asked if the Council wanted to advertise for commissioners to serve on the
merged board. The Council felt it would be better to wait with that until after the merger has
taken place.
10. Consideration to review a report on the Groveland buffer vard and to consider
authorization of the fundin!! pro!!ram for the Groveland buffer yard plantin!!.
Jeff O'Neill reported that city staff and Northwest Associated Consultants had worked hard to
come up with a planting plan to complement what the bowling alley had done. The plantings
are half on the developer's side and half on the residential development side. The buffer yard
for the residential area was not put in when the residential area was developed. Hindsight
shows the trees should have been put in at that time. Instead of requiring the developer to put
in the plantings, the City took money. The City is proposing to use those funds to pay for the
plantings now. Staffis in the process of getting right-of-entry forms from the residents for the
planting. Jeff O'Neill noted that most of the property owners are agreeable to the plan the
City is trying to execute. Staff is asking to proceed with those property owners who indicate
they want the trees planted. Staff will be taking funds from a developer deposit to supplement
the Groveland planting. Bruce Westby noted that are some drainage issues in the area of Taco
Johns and the bowling alley that the City is working on with the developer. Wayne Mayer
10
Council Minutes: 9/24107
asked about the funds being taken from another developer's deposit. Jeff O'Neill said those
were penalty dollars and could be used any place within the City.
Sean Fogarty, 3608 Redford Lane said he has not met anybody who felt it was a great
solution. He said Bruce Westby stated he would be contacting him after the stakes were
placed but he has not heard back from him. He stated that the information he received from
Community Development about the right-of-entry form indicated that the form must be
returned by Wednesday. He said he doesn't want to sign either ofthe forms since he doesn't
know whether he will accept the trees being placed as marked. In addition since there is
potential that trees could die he was reluctant to accept the responsibility for them. John
Simola said there is a one year warranty on the trees planted. John Simola said the bowling
alley is going to seed and sod their site next week and the City doesn't want to access through
the front yard of the residents for tree planting. Sean Fogarty questioned how this information
was distributed and the limited amount of time the homeowner had to respond. Jeff O'Neill
said he didn't review the letter before it went out but he felt that if someone couldn't respond
within the time frame, the City would allow some flexibility on this. Bruce Westby stated he
hadn't reviewed the letter either but agreed the City has the discretion to make exceptions to
the time frame noted. He added he would be meeting with the property owners in the area on
Tuesday regarding the staking.
Wayne Mayer asked if the planting plan in the agenda packet was an exact depiction of what
was going on the lot. John Simola said it was and added that some of the lots will have four
trees and others three.
Sean Fogarty also had concerns about the buffer yard because it abuts a commercial use. He
questioned the difference between a buffer yard and required screening yard. He was
informed that because this was commercial and not industrial the screening yard was not
required. Sean Fogarty quoted a section the ordinance that he felt indicated otherwise. He
was also told that at maturity the screening would provide 90% opaquity. He noted there was
no time line offered in the ordinance but was told the maturity of these trees would meet the
requirements. He felt the zoning ordinance should be followed and in this case following the
ordinance means more would need to be done. He felt looking at the backside the bowling
alley structure was an eyesore. He stated he knew the use of the site would be commercial but
his realtor told him there would be a barrier separating the uses. He was also concerned that
there was nothing to prevent access to his property from behind the bowling alley.
Wayne Mayer asked what does Sean Fogarty expect the City or property owner to put in that
would appease him. Sean Fogarty said he expected a barrier and fence or trees that are big
enough to form a barrier. He was told nothing could be done and he was told he could put up
his own fence. He felt a 6' high fence would be sufficient. He noted there are a lot of safety
concerns about access to his property and there is also the garbage and debris from the
bowling alley site coming onto his property. Wayne Mayer asked Steve Grittman about the
bowling alley parking up against the residential lot and if it was typical to put a parking lot
this close to residential property. Steve Grittrnan said it was not atypical but the question was
how to create separation between uses which is why the buffer yard is in the ordinance. He
noted that a 6' evergreen is the standard planting size. Since there was no conditional use
permit, staff could not place any additional requirements as far as landscaping or screening.
11
Council Minutes: 9/24/07
Sean Fogarty asked ifbuffer yard and required screening are the same thing. Steve Grittman
said the buffer yard specifies what screening means. Wayne Mayer asked about the size of
the berm. Bruce Westby indicated there is no berm. There is however a slope from the edge
ofthe parking lot to the back yards of about 2-3 feet.
Sean Fogarty said the people living close to the main entrance will have headlights that will
come into their windows. Wayne Mayer said this issue needs to be looked at again especially
with the headlights. Sean Fogarty said at the informational meeting there was discussion of a
berm and 2 rows of8'-IO' trees and that is not what is being put in. leffO'Neill asked about
adding a fence at the end of the parking lot to cut off the headlights with the idea of cutting
off the headlights before the lights get out ofthe parking lot. leffO'Neill suggested going
ahead with the tree planting and look at options to resolve the headlight glare. Susie
Wojchouski asked if the City would be putting the fence in. She did not feel the fence was
the City's responsibility.
BRIAN STUMPF MOVED TO AUTHORIZE USE OF $8,300 FROM TREE PLANTING
ESCROW TO FUND GROVELAND BUFFER YARD PLANTINGS AS A MINIMUM
AND TO LOOK AT OPTIONS TO ADDRESS THE GLARE FROM HEADLIGHTS
COMING FROM THE PARKING LOT. WAYNE MAYER SECONDED THE MOTION
EMPHASIZING BRIAN STUMPF'S STATEMENT THAT THIS IS WHAT THE CITY
DOES AS A MINIMUM. MOTION CARRIED UNANIMOUSLY.
II. Consideration of action re2ardin2 the proposed New Public Works Facility. City Proiect
No. 2006-14C resultin2 from the earlier workshop.
This item was addressed at the workshop held prior to the meeting. It was reported that
signage on one of the properties in question had been removed.
Added Items:
Xcel Emergency Exercise: Tom Perrault will be attending the exercise being held Tuesday,
November 6, 2007 at Buffalo. Susie Wojchouski would be an alternate if Tom is unable to attend.
Weeds: Susie Wojchouski brought up the issue of weeds in the area of 7th Street by St. Benedict's,
the Catholic Church and Home Depot. John Simola will check into this.
Monte Club site/old bowling alley site: Tom Perrault questioned whether the City had come up with
any proposed use for either ofthese facilities. leffO'Neill indicated that the Monte Club site would
be looked at when the comprehensive plan update was completed. John Simola said the old bowling
alley site has limited use for equipment storage. Clint Herbst felt the bowling alley site might be
looked at as a redevelopment project.
Pedestrian Traffic on School Boulevard: Tom Perrault had observed the pedestrian traffic on
School Boulevard. He noted there were no children crossing the sidewalk down by the houses
directly across from the high school on Friday and only child crossing there today. Only half
of the kids walk in the designated crosswalk. He didn't feel the bumpout should be placed there since
they are not serving that many kids. Clint Herbst suggested getting the school involved in watching
the pedestrian traffic patterns in that area. Bruce Westby responded that WSB & Associates had
12
Council Minutes: 9/24/07
done a study on pedestrian activity and pedestrian improvements in that area. It was pointed out that
pedestrian numbers fluctuate. In further discussion of the area it was noted that Chelsea Road is
expected to open at the end of October. Tom Perrault asked about making turn lanes into the school
and into the Cardinal Hills development. Bruce Westby felt there could be left turn lanes by Eider
and the school between the bumpouts. Council felt this was something that could be looked at by
staff over the winter.
Fiber Optics: Wayne Mayer thanked ail those residents who got to vote on the referendum. The
Fiber Optics committee has received a lot of congratulatory notes from the other cities, the county
And the state. The Fiber Optics committee is going out to the public to come up with a new name for
the municipal fiber optics enterprise. The deadline for submitting a name is October 8, 2007. For
more information residents can contact: www.monticeIlofiberoptics.com
Parking: Brian Stumpf asked if the parking was going to be restricted to just one side of the street
on Hillcrest Road. John Simola indicated that is the case.
12. Consideration of approvinl! payment of bills for September. 2007.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adiourn.
The meeting was adjourned at 9:35 p.m.
Recording Secretary
13
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
HRAlEDA CONSOLIDATION WORKSHOP
Monday, September 24, 2007 - 5 p.rn.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent:
None
1. Call to Order:
Clint Herbst called the meeting to order at 5 p.m.
2. Review of HRAlEDA consolidation:
Jeff O'Neill noted over the past few years the City has at various times looked at merging the
HRA and EDA for the purpose of creating a board with more power and efficiency.
With the recent turnover of commission members, merger ofthese two organizations was
brought up again. It is hoped that the City, by this merger, can create an entity best equipped
for job creation in the City.
The EDA at their last meeting came up with a number of recommendations which Ollie
Koropchak, Economic Development Director presented. The recommendations are as
follows: 1) The HRA powers and assets are to be transferred to the EDA; 2) The EDA shall
consist of seven members; 3) EDA Commission is to be made up of two members from the
City Council and five non-Council members; 4) Three of the non-Council members must be
residents of the City and not more than two members may be non-residents. The non-resident
members however, must operate a business and own property in the City; 5) The EDA be
granted power to authorize expenditures for TIP and approve redevelopment contracts and
6) Place a minimum of$I,OOO,OOO plus inflation value in the EDA funds for the continuation
of GMEF revolving loan fund.
Martha Ingram from Ehlers & Associates noted that the statute governing the Economic
Development Authority doesn't address residency requirements. The HRA Commission does
require residency. She indicated the residency issue could be addressed either by the enabling
resolution, in the by-laws or by ordinance. Martha Ingram said if the City thinks the
residency requirement would change then it should be contained in a policy. Otherwise it
should be part of the ordinance or enabling resolution. She indicated if you put it in the
enabling resolution and then decide to change it, the City would have to hold a public hearing.
Brian Stumpf asked if it was common to have the Council act as the EDA and whether that
was an option that the City should explore. Joel Jamnik stated where the Council does not act
as the EDA, budget, bonding, and acquisition of property would have to come before the
Council but other EDA activities would not. Clint Herbst felt if there were people who were
experienced in the activities of an economic development authority, the Council felt it would
be better to have them on a commission serving with Council representatives. It was noted in
the enabling resolution the Council can set out the amount of oversight that they want to have
over the EDA. Clint Herbst said it is important that they are all on the same page and share a
common VISIOn. Ollie Koropchak pointed out that if the City contributes anything to a
development contract, then the contract must come before the Council for approval.
Clint Herbst asked about EDA funds. Ollie Koropchak replied there is $1,500,000 in reserves
but only about $500,000 in cash. Ollie Koropchak also noted the HRA has committed to pay
the costs for the Chadwick property ifTIF financing is eliminated. Susie Wojchouski asked
who the Chief Officer is if the two commissions merge. She was informed it could be the
City Administrator, Chief Finance Officer or Economic Development Director. Martha
Ingram noted that the EDA also appoints a treasurer. Wayne Mayer asked ifit would be
beneficial to have someone from the Finance Department sit in as a non-voting member.
Martha Ingram said it is common practice to have the Finance Director involved in the
running ofthe EDA noted that the former City Finance Director, Rick Wolfsteller was
appointed treasurer, which is a non-voting position.
Clint Herbst noted in order for the HRA to transfer power from the HRA to the EDA, an
appointment would have to be made to the HRA since there are currently only two members
remaining on the board. Martha Ingram stated the Council could appoint whomever they
wished on an interim basis and it was suggested that the Council liaison to the HRA be
appointed.
Martha Ingram said draft the enabling resolution and setting the public hearing would require
Council action. Since the public hearing notice has to be published twice, the process would
take about three weeks. Ollie Koropchak stated the next HRA meeting is scheduled for
October 3, 2007 but they will need to have three members in order to effect the transfer to the
EDA. The Council again discussed whether to appoint the Council liaison to the HRA to
serve on an interim basis or to appoint Sandy Suchy who had volunteered to serve. Ollie
Koropchak stated the Council needs to look at the selection of commission members on the
merger takes place. Brian Stumpf questioned the seven member board. Wayne Mayer felt
with seven members on the board including two Council members, it would be less likely that
Council members could wield excessive influence. Ollie Koropchak pointed out that the
statute states the board can have three, five or seven members. Martha Ingram said the
decision of the number of members would have to be made before the enabling resolution was
adopted. It was pointed out that a seven member board would allow for establishment of
sub-committees and would keep more people involved in the decision making process.
Council determined that the public hearing will be set for October 22, 2007 and conducted as
part of the regular meeting.
3. Adiourn:
BRIAN STUMPF MOVED TO ADJOURN AT 5:40 P.M. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
PUBLIC WORKS FACILITIES NEEDS STUDY
Monday September 24, 2007 - 5:30 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski.
Members Absent:
None
I. Call to Order.
The meeting was called to order at 5:30 p.m. The purpose of the meeting was to review the
details of the Public Works Facilities Needs Study prepared by Kodet Architectural Group.
2. Review of Public Works Facilities Needs Studv.
A committee comprised of John Simola, Beth Green, Bruce Westby, Tom Moores, Matt Theisen,
Tom Pawlek, Gary Anderson, Jeff O'Neill, Al Gapinski and Tom Perrault worked with the firm
ofKodet Architectural Group to produce the needs study. If this project moves forward Tom
Kelly or someone else from the Finance Department should be appointed to this committee.
The study defines the space that is required for present needs (20-30 acres) and expanded needs
(25-35 acres). Ed Kodet reviewed the existing Public Works site and the proposed needs. He
stated that Monticello is unique in that they have highly talented individuals in the Public Works
Department capable of performing construction activities not necessarily related to their position.
Because the Public Works Department is spread over a number of facilities, it makes for certain
inefficiencies in work flow. A new site for the Public Works Department should be flat and
preferably rectangular or square. He explained that the closeness of activities at the existing
facility makes for some difficulties, such as not having enough room for trucks or equipment to
maneuver in. Ed Kodet said Public Work facilities tend to be the warehouse for the city.
Facility areas that were looked at include: I) Yard; 2) Fueling area; 3) Storage; 4) Future
expansion area; 5) Open space and 6) Public access. In calculating building needs they looked at
1) Open area; 2) Vehicle maintenance area, which is a critical area; 3) Shop; 4) Vehicle storage;
5) Wash area and 6) Department facilities for sewer, water, streets and parks. Ed Kodet noted
that storing equipment outside cuts the life of equipment in half. Clint Herbst said the Council's
main concern is where this facility should be located and how much does it cost.
Ed Kodet stated initially they are requiring 133,079 square feet; a 20 year expansion would take
them to 202,742 square feet and a 40 year expansion would bring them up to 270,756 square
feet. The 133,079 square feet includes warm and cold storage. Tom Moores explained that
currently the city equipment is stored in six different buildings at various sites. Brian Stumpf
asked if this building would include any of the vehicles that would be stored at the new vehicle
building proposed for the wastewater treatment plant. John Simola indicated it did not. At the
present time the wet nurse is stored in the shop at the wastewater treatment plan so the shop is
unavailable for maintenance use.
Ed Kodet stated that with a smaller initial project, the project costs goes up when the expansion
is needed. The base level cost is $11,754,450; Level #2 is $13,361,290 and Level #3 is
$14,958,000. Ed Kodet explained that level #2 and level #3 have more energy efficiency
features and that these figures are strictly construction costs and does not include land costs.
Brian Stumpf felt the key is to find the right site for the facility. The committee members
discussed some of the other facilities they had visited. Lakeville's facility was discussed and it
was noted that Lakeville's facility was twice the size of Monticello even though it did not
include the Sewer and Water Department.
Location was again discussed emphasizing the need to have a level site with sewer and water
availability as well as good road access. Based on the City's growth pattern it appears likely the
facility will be located on the west side of the community. Clint Herbst asked about the sludge
application site. John Simola responded that if the sludge dryer project happens simultaneously
with the Public Works facility, then the site would be feasible. John Simola added that putting a
facility out there would require a 600' buffer zone and there is also the question of the
availability of sewer and water. Brian Stumpf said you have to picture the area 20 years from
now as far as what is surrounding it and then try to determine if it is an appropriate site. Brian
Stumpf suggested locating the facility in the industrial park. John Simola pointed out that there
were very few buildable acres left in the industrial park. The Council mentioned the Spike
property which is 120 acres and could be used for a bioscience park. The site has good access
and sewer and water availability. Other sites such as the Chadwick property and the 20 acre site
at the intersection of 85th Street and Edmonson Avenue were also discussed. Clint Herbst felt
the key was to locate a property that City could live with as a useable site and could afford.
Additional sites that were discussed were the former Ruff's Auto site, Country Club Manor,
KMOM site, Schluender property and the Weinand property west of the mobile home park. It
was thought that the Weinand parcel could be combined with the remaining land in the water
tower area. Susie Wojchouski asked ifit was feasible to locate the facility on two sites rather
than one larger site. Ed Kodet said it would be more expensive and less efficient to locate on
two sites.
The Council directed staff to check out the sites discussed. John Simola clarified that the 20 acre
minimum is buildable area and does not include any buffer areas.
SUSIE WOJCHOUSKI MOVED TO HAVE STAFF TO WORK WITH KODET
ARCHITECTURAL GROUP TO INVESTIGATE THE SITES DISCUSSED AT THIS
MEETING AND COME BACK WITH PRICES AS WELL AS SQUARE FOOTAGES FOR
THE PARCELS AND RECOMMENDATIONS AS TO THE SUITABILITY, FEASlliILTY
AND USEABILITY OF EACH OF THE PARCELS FOR THE PURPOSE OF A PUBLIC
WORKS FACILITY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Ed Kodet briefly explained the process they would follow in evaluating potential sites.
3. Adiourn.
The workshop meeting closed at 7:50 p.m.
Recording Secretary
Council Agenda; 10/8/07
SA. Consideration of aoorovinl! new hires and deoartures for MCC. Deouty Rel!istrar. and
Water Deoartment. (JO)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at the MCC, Deputy Registrar, and Water Department. 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 Ciass
Johnson, Josh Climbing wall Attendant MCC 9/25/2007 PT
Mitchell, Thomas Side Attendant MCC 10/02/2007 PT
Chavez-Rivas, Alejandra Guest Services 2 MCC 9/15/2007 PT
Hagedon, Rebecca Ass!. Dep.Reg. Clerk Deputy Registrar 9/20/2007 PT
Kaskinen, Pam Lead Guest Service MCC 9/14/2007 PT
TERMINATING EMPLOYEES
Name
DeMarais, Jaymon
Kovich, Jay
Reason
season ended
season ended
Department
Water
Water
Last Day Class
8/31/2007 Temp
8/24/2007 Temp
employee councillis!.xls: 10/1/2007
Council Agenda: 10108107
5B. Consideration of approvinl! a charitable l!amblinl! license for Monticello Youth
Hockev Prol!ram at Cornerstone Cafe & CaterindJO)
A. REFERENCE AND BACKGROUND:
The Monticello Youth Hockey Program has applied for a permit for a charitable gambling
license to conduct gambling activities at Cornerstone Cafe & Catering located at 154 West
Broadway. In order for the State Gambling Control Board to issue this temporary
gambling license, a resolution by the City either approving or denying the application
needs to be submitted with their application. Currently the Monticello Youth Hockey
Program has a license at Hawk's Bar. Since the license at Cornerstone Cafe is a new
location for the group, they have no financial data on gambling activities at the 154
Broadway location. The new gambling manager said he would submit the financial
information for their permit at Hawk's Bar.
In the past the City has not opposed these gambling licenses.
B. ALTERNATIVE ACTIONS:
I. Adopt a resolution authorizing the State Gambling Control Board to issue the
charitable gambling license to Monticello Youth Hockey Program to conduct
gambling activities at Cornerstone Cafe & Catering Co. at 154 West Broadway.
2. Do not approve the charitable gambling license request.
C. STAFF RECOMMENDATION:
Staff is not aware of any reason why the Council would not allow the State to issue this
gambling license.
D. SUPPORTING DATA:
Resolution approving charitable gambling license.
Financial Data (some will not be available until Friday afternoon - this information will be
given to you Monday evening.)
CITY OF MONTICELLO
RESOLUTION NO. 2007-77
RESOLUTION AUTHORIZING THE ISSUANCE
OF A CHARITABLE GAMBLING LICENSE
WHEREAS, Monticello Youth Hockey Program Inc. has submitted an application to the City
Council of Monticello for a charitable gambling license to conduct gambling activities at Cornerstone
Cafe & Catering at 154 West Broadway,
WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling
Control Board,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by
Monticello Youth Hockey Program Inc. for a charitable gambling license to conduct gambling
activities at the Cornerstone Cafe & Catering Co. located at 154 West Broadway is hereby approved
and the State Gambling Control Board is authorized to process the application.
Adopted by the Monticello City Council this 8th day of October, 2007.
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, City Administrator
10/03/2007 13:24 FAX 3202928078 SCWH 141003
Montic~llo Youth Program
STATEMENT OF REVENUE & EXPENSES.
GAMBLING FUND - REGULATORY BASIS
FOR. THE MONTH & FIVE MONTHS ENDING AUGUST 31, 2007
MONTH TO DATE YEAR TO DATE
ACTUAL % ACTUAL %
REVENUE:
GROSS INCOME. P ADDLEWHEELS 750.00 4,740.00
. PRIZES. PADDLEWHEELS . (500.00) (3,160.00)
NET PADDLEWHEEL REVENUE 250.00 1.7 1,580.00 2.3
GROSS INCOME - PULLTABS 100,502.00 494,246.00
PRIZES - PUll.TABS (85,977.00) (426,608.00)
NET PULL-TAB REVENUE 14,525.00 97.6 67,638.00 '97.7
NET:RAFFLE REVENUE .00 .00
INTEREST INCOME .00 118.92
SHORT AND OVERS - PULLTABS 105.00 (109.00)
TOTAL OTHER REVENUE 105.00 .7 9.92 .0
NET REVENUE 14,880.00 100.0 69,227.92 100.0
STATE GAMBLING TAXES:
PULL-TAB TAX 1,523.88 10.2 )),163.89 16.1
GAMBLING TAX 21.25 .1 134.30 .2
COMBINED RECEIPTS TAX .00 .0 14,854.77 21.5
BOARD FEE 101.25 .7 499.11 .7
TOTAL STATE TAXES 1,646.38 11.1 26,652.07 38.5.
GROSS PROFlT 13 ,233.62 88.9 42,575.85 61.5
COST OF GOODS USED:
SUPPLIES - PULLTABS 1,120.10 7.5 5,585.55 8.1
SUPPLIES - P ADDLEWHEELS 15.99 .1 86.27 .1
TOTAL COST OF GOODS USED 1,136.09 7.6 5,671.82 8.2
ALLOW ABLE EXPENSES:
SUPPLIES - OFFICE I MlSC 20.00 .1 684.26 1.0
COMPENSA TJON & RELATED EX}> 4,528.04 30.4 20,987.18 30.3
ACCTG & LEGAL FEES 1,412.97 9.5 4,674.98 6.8
RENT 1,102.50 7.4 5,754.10 8.3
TOTAL ALLOW & COST OF GOODS 8,199.60 55.1 37,772.34. 54.6
NET REVENUE AFTER EXPENSES 5,034.02 33.8 4,803.51 6.9
LAWFUL PURPOSE:
See accompanyiJJg accountants' compilation report.
10/03/2007 13:24 FAX 3202928078
SCWH
Monticello Y oum Program
STATEMENT OF ASSETS, LIABILITIES AND
FUND BALANCE -GAMBLING. REGULATORY BASIS
AUGUST 31, 2007
ASSETS'
ASSETS: .
CASH ON HAND.PT.HA WKS SpORTS
CASH IN BANK - CHECK1NG
INVENTORY.PT-HAWKS SPORTS BAR
INVENTORY-RAFFLE 11CKETS
INVENTORY PADDLEWHEEL
MERCHANDISE PRIZES ON HAND
. RAFFLE PRIZES ON HAND
FUND LOSS
5,400.00
47,563.57
942.23
189.50
15.01
20.00
5,100.00
1,457.00
60,687.31
TOTAL OTHER ASSETS
TOTAL ASSETS
60,68731
LlABTI.lTIES AND FUND BALANCE
LIABTI.ITIES:
ACCOUNTS PAyABLE
ACCRUED GAMING TAXES
MERCHANDISE PRIZES PAYABLE
ACCRUED RAFFLE PRIZES
1,121.03
122.50
(20.00)
5,170.00
6,393.53
TOTAL LlABTI.ITIES
FUND BALANCE:
RETAINED EARNINGS. PRIOR
CONTRIBUTED CAPITAL
FUND BALANCE. CURRENT yEAR
42,894.18
20,996.09
(9,596.49)
54,293.78
TOTAL FUND BALANCE
Tor AL LIABILITIES Al'lD FUND BALANCE
60,687.31
See accompanying accountants' compilation report.
I4i 004
10/03/2007 13:24 FAX 3202928078
SCWH
~005
Monticeno Youth Program
STATEMENT OF REvENUE & EXPENSES -
GAMBLING FUND. REGULATORY BASIS
FOR THE MONTH & FIVE MONTHS ENDING AUGUST 31, 2007
MONTH TO DATE YEAR TO D ATE
ACTUAL % ACTUAL %
LAWFUL PURPOSE .00 .0 16,650.00 24.1
UBI TAXES .00 .0 (2,250.00) (3.3)
TOTAL LAWFUL PURPOSE .00 .0 14,400.00 20.8
NET REVENUE 5,034.02 33.8 (9,596.49) (13.9)
See accompanying accountants' compilation report.
10/03/2007 13:23 FAX 3202928078
SCWH
Monticello Youth Hockey Program, Inc.
D/b/a Stars Youth Hockey
October 1, 2007
City of Monticello
Monticello,MN
RE: Cbartable Gambling
To Whom It May Concern:
This letter is an explanation of how the charitable gambling proceeds are used to benefit
the Monticello community as a whole.
Disbursements from the gambling operations are used mainly to puchase ice time at the
Moose Sherritt Ice Arena for the 240 plus cl1ildren that are skaters in our program. The
youth hOckey program is the major .;ontributor to the ice arena which makes ice time
available to the community in gener.u. The program is also able to sponsor tournaments
which draw in teams and families from other communities across he state to visit, shop
and eat in Monticello.
Charitable gambling proceeds are also used to purchase jerseys and other equipment from
mainly local outlets for the youth teams. Safety equipment has alSCI been purchased and
made available to our youngest skaters.
The charitable gambling proceeds in general allow us to control the cost to the members
in order to allow a larger portion of the community to participate in the program. An
increase to our charitable gambling proceeds would increase our ability to invest in our
community's youth and the community in general.
Sincerely,
Thomas Frederick
Treasurer
Stars Youth Hockey
141002
''"
City Council Agenda - 10/8/07
5C. Consideration of a reQuest for a Conditional Use Permit for a Comprehensive Sien Plan
for a commercial/retain center in the Central Communitv District. Applicant:
Seluemed, LLC (NAC)
A. REFERENCE AND BACKGROUND
The City Council reviewed this item on September 2.f1', 2007 and requestedfurther clarification
regarding the message center proposedfor the project'sfree-standing sign.
The applicant has provided further detail for the proposed message center, which has been
included as supporting data. The message board will be incorporated into the redesign of the
existingfree-standing sign, and will be located within the space as noted in the submitted sign
plan. Thefinal dimensions for the message board have been specified by the applicant as 24" x
80". At this size, the message center fits within the applicant's signage requirements.
In relationship to the sign detail, it will be a four color electronic message board, which is allowed
for properties within the CCD having direct frontage on Highway 25, and which are located south
of 4th Street.
In summary, the electronic message board proposed meets sign size allowances, is permitted in the
CCD as part of the conditional use permitfor comprehensive sign plan, and will be required to
meet all other code requirements as specified
PREVIOUS REPORT:
The Planning Commission heard this item at their September 4, 2007 meeting and
recommended approval of the Comprehensive Sign Plan as proposed. The Commission
clarified that a CUP for a Comprehensive Sign Plan was the only planning application under
consideration.
The Commission clarified the use ofthe temporary message center, and inquired as to whether
it would be a manual message board or an electronic message board. The applicant stated that
a decision has not been finalized in that regard. Staff clarified that the message board would
not count against the 40 days allotted to the site for temporary signage.
BACKGROUND
Seluemed, LLC is requesting a Conditional Use Permit for a Comprehensive Sign Plan for a multi-
tenant retail/office building. Said building is designed with seven tenant spaces. The subject site is
located at 508 State Highway 25 S and is zoned CCD, Central Community District. The site was
formerly occupied by Maus Foods.
ANALYSIS
In the case of a building where there are two or more uses and which, by generally understood and
accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit
may be granted to the entire building in accordance to an overall site plan indicating their size,
location, and height of all signs presented to the Planning Commission.
In determining the amount of allowed signage, a maximum of 5 percent of the gross area of the front
silhouette shall apply to the principal building where the aggregate allowable sign area is equitably
distributed among the several businesses. In the case of applying this conditional use permit to a
building, the building may have one pylon or freestanding sign identifying the building which is in
conformance with this ordinance. The gross area of the silhouette of the principal building is defined
as that area within the outline drawing of the principal building as viewed from the front lot line or
from the related public streets.
Wall Signage. The proposed site has frontage on both Highway 25 and Sixth Street. Therefore, both
the northwest and south elevations have been taken into account when determining the silhouette of
the building. Based on the elevations provided, the silhouette of these elevations has been calculated
at 7,264 square feet. Thus, the allowable wall signage for the site is 364 square feet. The applicant is
proposing 358 square feet of wall signage, within the parameters of the Ordinance. The proposed
wall signage is broken down as follows:
Tenant 1
Tenant 2
Tenant 3
Tenant 4
TenantS
Tenant 6
Tenant 7
TOTAL
Proposed Sien Area
40 square feet
19 square feet
19 square feet
160 square feet
30 square feet
30 square feet
60 square feet
358 square feet
Pylon Sign. A pylon sign currently exists on the site. The applicant is proposing to retain the
existing pylons, and replace the face of the sign. The existing sign is located in the southwest comer
of the site, at the intersection of Highway 25 and Sixth Street. The sign is setback approximately 19
feet from the property line.
The City has a unique calculation for pylon signs along Highway 25. The Ordinance allows 3.03
square feet of area for each 10 feet of lineal footage, not to exceed 100 square feet. The site has just
over 330 feet of frontage on Highway 25. Therefore, a sign up to 100 square feet is allowed. The
height limit for pylon signs along Highway 25 is 22 feet. The proposed sign is 22 feet in height and
100 square feet in area. As such, the proposed pylon sign is also within the parameters of the
Ordinance. The sign has placards for up to nine tenants.
In addition to the tenant identification placards, the applicant is proposing a message area on the
bottom of the sign, approximately 30 square feet in area. This message board has been figured in to
the total area of the sign. The Zoning Ordinance allows temporary portable signs with an annual
permit for a maximum period of 40 days per calendar year. The 40-day limitation applies to the entire
building, not each individual tenant. In that regard, the message area is expected to provide an
opportunity for temporary messages without exhausting these 40 days.
B. ALTERNATIVE ACTIONS
Regarding the request for a Conditional Use Permit for a Comprehensive Sign Plan, the City has the
following options:
2
3
1. Approve the request for a Conditional Use Permit for a Comprehensive Sign Plan as
presented, based on a finding that the proposed signage is within the allowed parameters of
the Ordinance and consistent with the conditions for approval.
2. Deny the request for a Conditional Use Permit for the Comprehensive Sign Plan as presented,
based on a finding that the proposed signage is not consistent with the Ordinance.
C. STAFF RECOMMENDATION
Regarding the proposed Comprehensive Sign Plan, staff recommends approval of the Conditional
Use Permit. The plan presented is within the parameters of the ordinance, meeting all height and area
requirements. The Zoning Ordinance contains a provision to allow such uses, and the proposed plan
is consistent with the terms for approval.
D. SUPPORTING DATA
A. Sign Plan
B. Message Board Specifications
C. Applicable Ordinance - Chapter 3, Monticello Zoning Ordinance
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(d) Definitions: Definitions of road classifications apply as defined by
the official comprehensive plan as adopted.
(e) Application: The level at which the sign control system applies is
determined by the type of road, as defined above, which directly
abuts the subject property.
i. In the case of subject property directly abutting more
than one (1) road, each designated by a different road
classification type, the less restrictive classification shall
apply in determining sign area and height.
ii. Actual sign height is determined by the grade of the road
from which the sign gains its principal exposure.
iii. Area as determined by the formula under 3 (c) above,
applies to one (1) face of a two (2) faced pylon sign, or
two (2) faces of a four (4) faced sign, etc.
iv. A bonus allowing "freeway standard signs" (200 sq ft in
area and 32' high) in a commercial or industrial area is
available to all businesses located within 800 feet of a
freeway but do not abut a freeway.
(1) Electronic Message Boards may be allowed in the B-3 and B-4
Zoning Districts and on those parcels within the CCD Zoning
District which have direct frontage on Trunk Highway 25 south of
4th Street, as a part of the freestanding or pylon sign display
provided that:
i. The sign complies in all other respects with the sign
regulations of the Zoning Ordinance.
ii. The sign does not create a traffic hazard or a nuisance.
iii. The sign does not flash its message, although continuous
scrolling text is allowed.
IV. The sign meets all requirements of the City's Building
and Electrical Codes.
v. The sign does constitute a separate or additional
freestanding sign support structure. The sign must be
otherwise allowed under this ordinance as a pylon sign or
must be a part of an allowed pylon sign plan as defined
herein.
vi. The electronic message board portion of the sign does
MONTICELLO ZOl'<1NG ORDINANCE
3/60
not
constitute more than fifty percent (50%) of the allowable
pylon sign area, or seventy (70) square feet, whichever is
less. (#340, 1/10/00)
(g)
In the B-3 Zoning District only, certain parcels may be allowed to
construct a second freestanding sign on the property when the
following conditions are complied with:
1. The property directly abuts Interstate 94 and one other
collector (or higher) status street.
11. The property in question is no less than two (2) acres in
area.
111. The second freestanding sign shall be located no closer
than three hundred (300) feet from the first freestanding
sign on the same property.
iv. Only one of the two freestanding signs may be located
within any yard (front, rear, or side) of the property.
This clause shall be interpreted to mean that each sign
shall be required to have a separate roadway as its
primary exposure.
v. Where two freestanding signs are allowed, the sign that
fronts on the road which serves as the primary access
shall be of a monument design, with a maximum height
often (10) feet and a maximum square footage of sixty
(60) square feet.
v\. Where two freestanding signs are allowed, the sign that
fronts on the freeway exposure shall conform to the
provisions of Section 3 [E] 4.(c) above.
vii. This section shall not be applied to the calculations for
signage when an applicant is seeking development
design flexibility under the City's Planned Unit
Development provisions.
Vlll. Both signs allowed under this subsection shall meet all
other applicable provisions of the Monticello Zoning
Ordinance.
(6/11101, #361)
5. Address Numbers Sign: A minimum of one (I) address number sign
shall be required on each building in all zoning districts.
(a) Location: The address numbers shall be so placed to be easily
MONTICELLO ZO"NlNG ORDINANCE
3/61
Council Agenda: 10/8/07
5D. Consideration of appointinl! Tom Kellv as Monticello Deputy Rel!istrar 002 subiect to
approval bv the State of Minnesota. (JO, CS)
A. REFERENCE AND BACKGROUND:
Rick Wolfsteller is currently appointed by the State of Minnesota as Deputy Registrar 002 for
the City of Monticello. He was appointed to this position when the City began offering motor
vehicle licensing services in the community. When Rick retired, Jeff accepted the
responsibility for management of the operation which he has done with assistance from others
at City Hall, however he was never formally appointed as required by the State. The action
requested in this agenda item would identify Tom Kelly as the official Deputy Registrar 002.
To recap recent events activity at the Deputy Registrar Office, in response to various issues
dating back a number of years, the organization structure was altered with the development of
the Deputy Registrar Manager position. In addition there has been a shifting of staff from full
time staff to more part time staff. Recently, in contrast to trends from last year, the workload
has increased with new dealership business coming to Monticello from outside ofthe City.
Things are going well right now.
Ann Johnson is currently working on a number of initiatives to continue to boost business and
improve service which includes opening doors on Saturday morning. More to follow in the
near future.
It is suggested, however, at this time that general supervision of the operation be shifted from
the City Administrator to the Finance Director. Simply put, the Finance Director has more
capacity to provide direct supervision with two staffers reporting to him. On the other hand,
the City Administrator position currently has 10 that directly report to him. Tom Kelly does
have sufficient experience to be successful in this capacity. At some point in the near future,
it may be suggested that Kelly take over general supervision of the Liquor Store operation as
well, as he does have previous experience with Liquor Store operations.
Also, since the Finance Director provides financial oversight for the deputy registrar office, it
seems appropriate to appoint Tom Kelly, our new finance director, to this position.
If the Council approves the appointment, City staff will forward a copy of the minutes and an
application from Tom Kelly to the State of Minnesota, Department of Public Safety
requesting that the State approve the appointment of Tom Kelly as Deputy Registrar 002. The
State will notify us when the appointment becomes official.
B. ALTERNATIVE ACTIONS
I. Appoint Tom Kelly as Deputy Registrar 002 subject to approval by the State.
2. Appoint the City Administrator to the position.
Council Agenda: 10/8/07
C. STAFF RECOMMENDATION:
The City Administrator and Finance Director support the appointment of Finance Director
Tom Kelly to serve as the City's Deputy Registrar 002 for reasons noted above
D. SUPPORTING DATA:
Copy of application for Deputy Registrar.
Copy ofMN Statutes Section 168.33.
- ,
"
-- _.~- _ ~,---- -- -- - - - - -. >-~.
Application for DCjlUty Registrar
O-eputy Office Information
DeputyNumber
(to be assigned)-
Location
A p po i n tee
Phone Number
Fax Number
E-Mail Address
(}en~ral Information:
1. Minnesota Rules & Statutes: You are respOllsible to comply with Minnesota Rules Chapter 7406,
and Minnesota-statute 168.33.- Please read them carefully before filing this application.
2. Please sign the back of this form when submitting this application.
Return completed application to: Drive.r and Vehicle Services
- beputy Registrar Section Suite 185
445 Minnesota St.
St. Paul, MN 55101
I
I
I
I
"
.,
II
For Office Use' Only
II
- - -Deputy Registrar Office Information
CONTACT PERSON
A change of contact person requires a written notice to
the registrar at least 10 days before the change.
Refereuce: Minnesota Rule 7406.0500 Subp.1
HOURS OF OPERA TJON
Hours of operation cannot be less than 40 'hours a week.
A change. in hours requires a written notice to the
registrar at least 10 days before the. change becomes
effective.
Rcfctence: MinncsotaRuIe 7406.0500 Subp.2
CJ,OSE OF RECORDS
A change requries written ntoification to the registrar at
least 15 days prior to the change
Ref=nce: Minnesota Rule 7406.0450 Subp.l
IMPRES'l: CASH
The amount of start-up funds must not be changed
without prior written notification of the registrar.
Reference: Minnesota Rule 7406.500 Subp.7
~E RF.CJEPT SYSTEM
If you are considering combining funds from other
sources in your cash register or receptacle you must
first obtain written approval from the registrar.
Refco:cnce: Minnesota RUle 7406.0500 Subp.6
UNCOU,ECTED WORK
A deputy mayproce.ss uncollected work (e.g.
transactions dropped off for completetion at a later
time, such as dealer work), you must supply a floor plan
of your office space.
Reference: Minnesota Rule 7406.0400 Subp.2
MATI, ORDER TRANSACTIONS
A deputy registrar may mail out inventory to customers
providing a record of inventory is maintained.
Refcrcnce:Minensota Rule 1406.0500 Subp. 9
. Name of New Contact Penon
Thomas Kelly (or Ann Johnson)
no change
New Hours
New Time of Close of Records
no change.
Impred Cash
Dollar Amount S:'300...Q.Q.
NA
Combining Funds
You must attach to this form a written explanation of
how you differentiate these funds from
motor vehicle funds.
Processing Area
no change
Uncollected Work accepted effective:
Date: (since 1970' s)
Attach a floor plan of your office space, including the
area and dimensions of the space allocated for the
processing area, pnblic service area, and storage area.
Mail Transactions
Mail Transactions accepted effective;
Date: NA
"
For Office Use Only
II
PLEASE TYPE OR PRINT CLEARLY
0' CHECK ONE
APPLICANT IS:
_INDIVIDUAIJS
~PUBLIC ENTITY _CORPORATION
NAME OF l'UBUC ENTITY OR CORPORATION:
City of MOnticello
IF YOU CHECKED CORPORATION, PLEASE Sl!:PPL Y THE FOLLOWING INFORMATION,.
. An trade and busineSs names nsed by tbe corporation.
. The nature of !be corporatebasfness operation for the past live years.
. The name of each director, oflicer, and live percmt sbareholder.
. . Copies of Artioles of Incorporation med with the Secretary of State. .
This application must be completed by the individual(s) applying for appointment as a deputy
regIstrar or by the individual(s) responsible for the corporation or public entity. Applicant
JDJW be ~8 years ofage or older. . . .
NAME Kelly
LAST
DATE OF BffiTH: I I
Me DAY YO
ADDRESS
CITY,
COUNTY OF RESIDENCE:
NAME
LAST
DATE OF BIRTH: I I
Me D<Y n
ADDRESS
CITY:
COUNTY OF RESIDENCE:
Thomas
flRST MIDOU:
PHONE, ( \
STRSBl' ADDlSSS
STATE: ZIP:
.FlasT &lIDOLi
PHONE: ( )
stRBln" ADDUSS
STATE: ZIP:
.
v LIST MOST RECENT EXPERIENCE FIRST
v LIST EACH DIFFERENT PosmON SEPARATELY EVEN IN THE SAJlIIE ORGANIZATION
v BE COMPLETE AND ACCURATE
v IF YOU NEED MORE SP ACE. PLEASE ATTACH A SEPARATE SHEET
f:\~:~~I~"~ "lf~~_ ~ _-_ _' ___ _ _ _ _ ~ _ _ _ _ _ __ . _ __ ~ _b
Name of Ore:aolzallon:
Lo.allon:
Sunervlsor:
Your Job Title:
Emplovment Dates From:
1rtOA.YR.
T,,:
MOil:Y'R
Major Acllvllles:
1.
z.
Name of Ore:anlzallon:
LGcallon:
Sunervisor:
Your Job Title:
EmDlovment :gates From:
MOa:n.
TD: ,
M>>... VR
Major Activities:
1.
2.
3.
LISTSTATESUFRESIDENCYFORTHIrPASTFIVEYEARS- - -- -- - - - -
~-~-~ ~- ~~~~~~~~',\'iI~--~_---~---~-~--=- -----:-~; I&J-~:r~""~:VI:~;-;~~.bi.n:''<1T~-----:-
1.
Z
3.-
4..
:
Do you own or are you a partner,. officer or tive percent shareholder in a financial institution, motor vehicle
dealership, or auto insurance business?
o No 0 Yes, please specifY:
. ..
Have you ever applied for a deputy registrar appointment or have held the position of deputy registrar in the past?
o No 0 Yes, please specify:
OfFICE INfORMATION
PROPOSED OFFICE LOCATION: same as current in City of Monticello
ADDRESS:
119 Bast 3rd Street
STRm AOCasss
CITY:
MonticeUo
STATE: MN
.ZIP: 55362
If known, please proVide the name, date of birth, and telephone number of the person who will be
responsible for the day-t()-day operation of the proposed ofllee.
NAME:
Johnson
WT
Ann
Mae
"'lIST
MIDDlE;
DATROFBIRTH 4 I 12 163
MO DAY YR.
ADDRESS: 119 E 3rd Street
PHONE: ( 763\ 271-3241
STlE6T ADDRESS
CITY:. Monticello
STATE: MN
ZIP: 55362
SIGNATURE Ai\TDi\"OTARIZATION _ _H ._ ___ ___..
1 CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE.
x
Subscribed & SWOrD before me:
. Date:
SIGNATURE .
NOTARY SIGNATURE
nate:
Comity:
Date my comml.sion expires:
x
Subscribed & sworn- before me:
SIGNA TORE
NOTARY SrONATIJRB
nate:.
Date:
Connty:
Date.my commis.ion expires:
I
I
I
f
,
I
I
I.
I
168.33, Minnesota Statutes 2006
Page 1 of3
A Minnesota
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Minnesota Statutes Table of Chaoters Chaoter 168 Table of Contents
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168.33, Minnesota Statutes 2006
Copyright@2006bytheOfflce of Revisor of Statutes, State of Minnesota.
168.33 COMMISSIONER AS REGISTRAR OF VEHICLES; DEPUTY REGISTRARS.
Subdivision 1. Commissioner's duties and powers, generally. The commissioner of
public safety is the registrar ofvehicles of the state of Minnesota, and shall exercise all the
powers granted to and perfoon all the duties imposed by this chapter. The commissioner of
public safety is authorized to obtain information about all vehicles subject to taxation under
this chapter upon which the tax has not been paid, and to present suitable complaints to courts
of competent jurisdiction.
Subd. 2. Deputy registrars. (a) The commissioner may appoin4 and for cause discontinue. a
deputy registrar for any statutory or home rule charter city as the public interest and convenience
may require. without regard to whether the county auditor of the county in which the city is
situated has been appointed as the deputy registrar for the county or has been discontinued as
the deputy registrar fur the county, and without regard to whether the county in which the city is
situated has established a county license bureau that issues motor vehicle licenses as provided in
section 373.3~.
(b) The commissioner may appoint. and for cause discontinue, a deputy registrar for any
statutory or home rule charter city as the public interest and convenience may require. if the
auditor for the county in which the city is situated chooses not to accept appointment as the deputy
registrar for the county or is discontinued as a deputy registrar, or if the county in which the city is
situated has not established a county license bureau that issues motor vehicle licenses as provided
in section 373.32. The individual appointed by the commissioner as a deputy registrar for any
statutory or home rule charter city must be a resident of the county in which the city is situated.
(c) The commissioner may appoint, and for causo d,scontinuc. the county auditor of each
county as a deputy registrar.
(d) Despite any other provision. a person other than a county auditor or a director of a county
license bureau, who was appointed by the registrar before August 1. 1976, as a deputy registrar
for any statutory or home rule charter city, may continue to serve as deputy registrar and may be
discontinued for cause only by the commissioner. The county auditor who appointed the deputy
registrars is responsible for tbe acts of deputy registrars appointed by the auditor.
(e) Each deputy, before entering upon the discharge of duties, shall take and subscribe an
oath to faithfully discharge the duties and to uphold the laws of the state.
(I) If a deputy registrar appointed under this subdivision is not an officer 0< employee ofa
county or statutory or borne rule charter city, the deputy shall in addition give bond to the state in
the sum of$10,000, or a larger sum as may be required by the commissioner, conditioned upon
the faithful discharge of duties 3S deputy registrar.
(g) Until January I, 2012,. corporation governed by chapter 302A may be appointed a
deputy registrar. Upon application by an individual serving as a deputy registrar and the giving
of the requisite bond as provided in this subdivision, personally assured by the individual or
another individual approved by the commissioner. a corporation named in an application then
becomes the duly appointed and qualified successor to the deputy registrar. The appointment of
any corporation as a deputy registrar expires January I, 2012. The commissioner shall appoint an
individual as successor to the corporation as a deputy registrar. The commissioner shall appoint as
the successor agent to a corporation whose appointment expires under this paragraph an officer of
the corporation if the officer applies for appointment before July 1j 2012.
http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_ CHAP _SEC&year=cu... 10/3/2007
168.33, Minnesota Statutes 2006
Page 2 00
(h) Each deputy registrar appointed under this subdivision shall keep and maintain office
locations approved by the commissioner for the registration of vehicles and the collection of
taxes and fees on vehicles.
(i) The deputy registrar shall keep records and make reports to the commissioner as the
commissioner requires. The records must be maintained at the offices of the deputy registrar. The
records and offices of the deputy registrar must at all times be open to the inspection of the
commissioner or the commissioner's agents. The deputy registrar shall report to the commissioner
hy the next working day following receipt all registrations made and taxes and fees collected by
the deputy registrar.
CD The filing fee imposed under subdivision 7 must he deposited in the treasury of the
place for which appointed or, ifnot a public official, a deputy shall retain the filing fee, but the
registration tax and any additional fees for delayed regimation the deputy registrar has collected
the deputy registrar shall deposit by the next working day following receipt in an approved state
depository to dlC credit of the state through the commissioner of finance. The place for which the
deputy registrar is appointed through its governing body must provide the deputy registrar with
facilities and personnel to carry out the duties imposed by this subdivision if the deputy is a public
official. In all other cases, the deputy shaU maintain a suitable facility for serving the public.
Subd. 2a. Deputy registrars, continuation in office. Persons serving as deputy registrars on
July 1, 1970, shall continue to hold office until a successor is duly appointed and qualifies.
Subd. 2b. Deputy registrars, employment.latus. (a) Deputy registrars, and their
employees, who retain the filing fee in lieu of a saJary, shall, after July 1, 1971, be considered
as independent contractors for pension purposes, and ineligible because of such service for
coverage under the Minnesota State Retirement System or membership in the Pub!ic Employees
Retirement Association.
(b) Those deputy registrars as defined in this subdivision who are covered by the Minnesota
State Retirement System on June 30, 1971, may terminate coverage on July 1~ 1971, or continue
coverage until termination of state servLce. The form of this option and the time for filing must
be as prescribed by the board of diredors of the system. Those choosing to continue coverage
shall provide from the filing fees retained the employee and employer contributions as required
by chapter 352.
Subd. 3.[Reoumbered J~8.0 1851
Subd. 4.[Repealed, 1996 c 435 s 18]
Subd. 5.[Rcpcalcd, 1996 c 435 s 18]
Subd. 6. Application. Every deputy registrar shall use application forms or formats as
prescribed by or approved by the commissioner.
Subd. 7. flUng fees; allocations. (a) In addition to all other statutory feos and taxes, a
tiling feo of:
(1) $4.50 is imposed on every vehicle registration renewal. excluding pro rate transactions;
and
(2) $8.50 is imposed on every other type of verne Ie transaction, including pro rate
transactions;
except that a filing fee may not be charged for a document returned for a refund or for a correction
ofan error made by the Depllltment of Public Safety, a dealer, or a deputy registrar. The filing fee
must be shown as a separate item on all registration renewal notices sent out by the commissioner.
No filing fee or other fee may be charged for the permaneot surrender ofa title for a vehicle.
(b) All of the fees collected under paragraph (a), clause (1), by the departmeot, must be paid
into the vehicle services operating account in the special revenue fund under section 299A 705.
Of the fee coliected under paragraph (a), clause (2), by the dcpartmeot, $3.50 must be paid into
the general fund with the remainder deposited into the vehicle services operating account in the
special revenue fund under section 299A.705.
Subd. 8. Disability certificates. The commissioner shall allow deputy registrars to
implement and follow procedures for processing applications and accepting and remitting fee
payments for disability certificates issued under section 169.345. subdivision 3c. that are i denti cal
http://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=ST AT_CHAP _SEC&year=cu." 1 0/3/2007
168.33, Minnesota Statutes 2006
Page 3 of3
or substantially similar to the procedures required by law or rule for vehicle registration and
titling transactions.
Subd. 8a. Electronic transmission.. If the commissioner accepts electronic transmission of a
motor vehicle transfer and registration by a new Ot used motor vehicle dealerl a deputy registrar
who is equipped with electronic transmission technology and trained in its use shall receive the
filing fee provided for in subdivision 7 and review the transfer of eacb new or used motor vehicle
to determine its genuineness and regularity before issuance of a certificate of title, and shall
receive and retain the filing fee under subdivision 7, paragraph (a), clause (Ii).
Subd. 9. Rules. The commissioner may adopt rules for administering and enforcing section
168 0185 and this section.
History: (2693) 1921 c 461522; 1923 c 418.22; 1927 c 340 5 I; 1939 c 259. I; 1949 c
1315 I; 1949 el32. I; 1951 0384 5 I; 1957 c 82 5 I; 1965 c 4559; 1969 c540 5 9; 1969 c 1129
arll s 15-17; 1971 c 58. I; 1971 c 62551,3: 1971 c 853.13; 1973 c 123 art 5.7; 1973 c 3755
I; 1975 c 146. I; 1976 c 181 5 2; 1976 c 281 5 1,2; 1977 c 32752,3; 19790329.3: 1981 0357
sS9; 1984 c 549.24; 1984 c 62953; 1984 c 654 art 3 s 61; 1985 c 248, 70; 1985 c 291.17;
1986c444; 1988c 4965 ll; 1988c 647.10; 1989 c209 arl I 5 16; 1989 c269540.41: 1990c
426arlI .22; 1990c565 .28; 1991 c565 I; 1996 c435. ll; 1996c455 art45 II; 1997 c250
53; 2000c426. 12; ISp2001 C8ar12536; 20020371 arlI 5 Il,I2; 2003 c Il2arl25 50; 2005
c 10 art 1 . 28; 2005 c 45 . 2,3; 2005 c 645 6; ISp2005 c 6 arl 2 . 26,47; 2006 c 212 arlI . 8
Please direct all comments concerning Issues or legislation
to your .HoLJse Member or State Senator.
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http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP _ SEC&year=cu... 10/3/2007
Council Agenda - 10/08/07
SE. Consideration of a request for Final Plat approval for Monticello Business Center 5th
Addition. Applicant: Ouad Development (NAC/AS)
A. REFERENCE AND BACKGROUND
Quad Development is seeking final plat approval for Monticello Business Center 5th Addition,
which is Phase I of a multi-tenant office complex. The preliminary plat and development
stage PUD for Phase I were approved by the City in August, 2007. A concept stage approval
was also given to the entire site at that time.
The subject site is located on Outlot A of the Monticello Business Center 3'd Addition. The
entire site, including Phase II, is 4.5 acres in size. The underlying zoning is B-4, Regional
Business.
The subject site is currently platted as Outlot A of the Monticello Business Center 3rd
Addition. At this time, the aPElicant is proposing to plat the site as Lot 1, Block I of the
Monticello Business Center 5 Addition. The proposed final plat for Phase I includes the
construction of Building Five, 54 parking stalls, and accessory drive aisles.
The proposed final plat is consistent with the preliminary plat previously approved by the
City. The applicant has slightly modified the plans by revising the drive aisle width between
the northernmost parking stalls and the proposed "feature" from 50 feet to approximately 30
feet. This modification meets the recommendation of staff per the preliminary plat and
development stage PUD review.
Council will note that all of Outlot A is drainage and utility easement. As a commercial plat,
the developer is proposing a common area around each of the five buildings proposed. Each
of the five buildings will sit on a separate lot. The entire area surrounding these lots will
remain drainage and utility easement, satisfying the 6' and 12' perimeter lot and plat
requirements.
Staff recommends no revisions, with the exception of correction to the minor typographical
errors in the signature information.
Staff and the applicant have reviewed utility services for the property, which will include
public water and sanitary sewer (no public streets). The draft development agreement
requires deposits for the review and inspection of all public improvements.
Please note that the development agreement references both 5th and 6th Additions. Since
approval of preliminary plat and PUD for Phase I, the applicant has applied for preliminary
plat and development stage PUD for Phase II. Those items, along with the final plat for the
6th Addition (phase II), will come before the Council on October 22nd. In the interest of
clarity, the City has pr<;rared a draft development agreement which incorporates the entire
PUD, including both 5' and 6th Additions.
B. ALTERNATIVE ACTIONS
1. Motion to approve the final plat and development agreement for Monticello Business
Center 5th Addition, based on a finding that it is consistent with the preliminary plat
Council Agenda - 10/08/07
and the performance standards of the B-4, Regional Business, District, subject to the
correction of plat signature information.
2. Motion to deny the final plat and development agreement for Monticello Business
Center 5th Addition. based on a finding that the plat is not consistent with the
preliminary plat and the performance standards of the B-4, Regional Business,
District.
3. Motion of other.
C. STAFF RECOMMENDATION
The City Administrator recommends alternative I above, based on staffs finding that the plat
is consistent with the preliminary plat and the standards of the B-4 District.
D. SUPPORTING DATA
A. Final Plat
B. Draft Development Agreement
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(reservedfor recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT
(Developer Installed Improvements)
MONTICELLO BUSINESS CENTER Sh ADDITION AND
MONTICELLO BUSINESS CENTER (/h ADDITION
AGREEMENT dated
,2007, by and between the CITY OF MONTICELLO,
a Minnesota municipal cOlporation ("City"), and SCOTT BUILDERS, INC., a Minnesota COlporation or its
assigns (the "Developer").
1. REQUEST FOR PLA T APPROVAL. The Developer has asked the City to approve a plat for
MONTICELLO BUSINESS CENTER 5TH ADDITION AND MONTICELLO BUSINESS CENTER 6TH ADDITION
(referred to in this Contract as the "plats" and the "Development'') consisting of 4.5 acres and five (5) commercial lots.
The land is situated in the County of Wright, State of Minnesota, and is legally described on the attached Exhibit "A".
2. CONDITIONS OF APPROVAL. The City hereby approves the development on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plats with the County
Recorder or Registrar of Titles within 365 days after the City Council approves the final plats or the execution of this
Contract, whichever occurs later.
3. CONDITION FOR SUBSEQUENT APPROVALS. No final plat for changes or amendments
to this Development Agreement shall be approved, nor shall construction commence for such additiona1land uses, until
an amendment of the Development Agreement is processed and approved, subject to the requirements of the Monticello
Zoning and Subdivision Ordinances.
4. RIGHT TO PROCEED. Within the plats or land to be platted, the Developer may not construct
sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following
103404.07
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1
conditions have been satisfied: I) this agreement has been fully executed by both parties and filed with the City Clerk,
2) the necessary security has been received by the City, 3) the plat has been submitted to the Wright County
Recorder's Office, and 4) the City has issued a letter that all conditions have been satisfied and that the Developer may
proceed.
5. PHASED DEVELOPMENT. The development is a multi-phased preliminary plat, and the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has
not been remedied. Development of subsequent phases may not proceed until the City approves Development
Contracts for such phases.
6. CHANGES IN OFFICIAL CONTROLS, For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development
density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full
extent pennitted by state law, the City may require compliance with any amendments to the City's Comprehensive
Plan.
7. ZONING. Except as otherwise provided herein, the subject property shall be subject to the zoning
regulations for the Planned Unit Development District and the requirements and standards of the commercial district in
effect at the time the final plat is approved, as they apply to commercial buildings. If there is a conflict among these
regulations, the conflict shall be resolved in the order listed below with item number one being primary:
(1) Planned Unit Development Agreement [this document].
(2) Planned Unit Development Zoning District Regulations
(3) B-4 Zoning District Regulations
8. DESIGN STANDARDS. The applicable Zoning District Regulations are equal to those set forth
in the B-4 Zoning District Regulation, except as modified herein.
9. DEVELOPMENT PLANS. The Development shall be developed in accordance with the plans
submitted for conditional use pennit review and approved ("Approved Development Plans") as follows:
Preliminary Plat - Monticello Business Center 5th Addition
Approved 8/27/07
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2
Preliminary Plat - Monticello Business Center 6th Addition Approved
Planned Unit Development - Monticello Business Center 5th Addition Approved 8/27/07
Planned Unit Development - Monticello Business Center 6th Addition Approved
10. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Pathways and Sidewalks
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Ponding, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications
for utilities and street construction; and any other ordinances. The Developer shall submit plans and specifications
which have been prepared by a competent registered professional engineer to the City for approval by the City
Engineer. The City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and
a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall
follow all written instructions received from the City's inspectors subject to Developer's plans and specifications. The
Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design
changes and contract administration between the Developer and the Developer's contractor. The Developer or his
engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all
parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days
after the completion of the improvements and before the security is released, the Developer shall supply the City with
a complete set of reproducible "as constructed" plans, an electronic file of the "as constructed" plans in an auto
103404.07
10109103
3
CAD.DWG file or a .DXF file, and two complete sets of blue line "as constructed" plans, all prepared in accordance
with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must
be completed before the applicable security is released. The Developer's surveyor sball also submit a written notice to
the City certifying that the monuments have been installed.
12. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all
necessary pennits, including but not limited to:
. Wright County for County Road Access and Work in County Rights-of-Way
. Wright County Soil Conservation District
. Minnesota Department of Health for Watermains
. NPDES Pennit for Stormwater Connections
. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
. DNR for Dewatering
. City of Monticello for Building Pennits
13. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will
be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with
regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules
and regulations. DNR regulations regarding appropriations pennits sball also be strictly followed.
14. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
August 30th of the year following the year of recording of the final plat. The Developer may, however, request an
extension oftime from the City. If an extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date.
15. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction
with plat development.
16. EROSION CONTROL, STORMWATERCONTROL AND STREET CLEANUP.
Prior to initiating site grading, an erosion control plan shall be implemented by the Developer and inspected and
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approved by the City. The Developer shall clean dirt and debris from streets that has resulted from site and
construction work in the Development by the Developer or any other person or entity. The Developer shall comply
with all City ordinances and policies as related to erosion control and prevention. The parties recognize that time is
of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule
or supplementary instructions received from the City, or repeatedly fails to clean and sweep streets, and such
noncompliance or failure is not cured after ten (10) business days' notice to Developer, the City may take such
action as it deems appropriate, including the performance of the necessary work by City staff or contracting to have
it performed. Charges incurred with the enforcement of erosion control are the responsibility of the developer. No
site and construction work will be allowed and no building permits will be issued unless the development is in full
compliance with the approved erosion control plan and storm water control measures are in place.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract, the improvements lying within public easements shall become City property without further
notice or action.
18. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work
required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen,
or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of
credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon
such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to
the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine
attorneys' fees pursuant to this Contract.
19. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area charge.
The storm sewer area charge shall be paid on a per unit basis at the time of the issuance of building permits. The
total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit.
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5
20. SANITARY SEWER AREA CHARGE. The Development is subject to a sanitary sewer area
charge. The total sanitary sewer area charge shall be paid on a per unit basis at the time of the issuance of building
permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each
building permit.
21. WATER MAIN AREA CHARGE. The Development is subject to a water main area charge.
The total water main area charge shall be paid on a per unit basis at the time of the issuance of building pennits. The
total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit.
22. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms
of this agreement. payment of the costs of all public improvements, construction of all public improvements, and
completion of landscaping per the planned unit development, the Developer shall furnish the City with a letter of
credit, in the form attached hereto, from a bank ("security") for $. The amount of the security was calculated as
follows:
CONSTRUCTION COSTS:
Sanitary Sewer
W aterrnain
$
$
$ 23,164.00
$
$ 1.500.00
$
$
Landscaping
CONSTRUCTION SUB-TOTAL
OTHER COSTS:
Lot Comers/Iron Monuments ($300.00 x 5)
TOTAL COSTS
TOTAL SECURITIES: Total Costs X 125%
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to
the approval of the City Administrator. The security shall be for an automatically renewing term. Individual security
instruments may be for shorter terms provided they are automatically renewed on an annual basis until expiration.
The City may draw down the security, with 30 days written notice to Developer, for any violation of the terms of this
Contract or if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the renewal of the security, the City may also draw it
103404.07
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6
down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory
to the City that work has been completed and fmancial obligations to the City have been satisfied, with City approval
the security may be reduced from time to time by ninety percent (90%) of the fmancial obligations that have been
satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all
improvements have been completed, all fmancial obligations to the City satisfied, the required "as constructed" plans
have been received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City standard specifications for utilities and street construction outline procedures for security
reductions. A.
Prior to City Council approval of the fmal plat, the Developer shall furnish a boundary survey of the proposed
property to be platted with all property comer monumentation in place and marked with lath and a flag. Any
encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a security for the
final placement of interior subdivision iron monuments at property comers. The security will be held by the City until
the Developer's land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have
either been found or set prior to the issuance of a building permit for that lot.
The landscaping security shall be retained as security to assure that all trees and other vegetation have been
shown to survive for one year after the date on which a certificate of occupancy for the last lot of the Development has
been issued, and shall terminate one (1) year after the date of issuance of such certificate of occupancy.
A separate letter of credit or cash security in the amount of $13,500.00 is required to secure grading and
restoration efforts. This amount is calculated at follows:
$3000/acre x 4.5 acres = $13,500.00
23. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the time of fmal plat approval. These
are escrow deposits only and are based on 2% of estimated public improvement costs. The erosion control escrow
deposit is set at $500 per lot. These amounts are subject to reconciliation at the time of project completion.
Legal and Planning
$
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7
Engineering Review and Inspection
Administrative Review
Erosion Control Escrow
$
$
$ 2,500.00
Total Cash Requirements
* Fees reconciled to actual expenses at close ofproject.
$
24. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All as-built construction record drawings (e.g., grading, utilities,
and streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also
submit one complete set of reproducible construction plans on Mylar.
25. RESPONSmILITY FOR COSTS.
A. The Developer has provided a deposit for the review and inspection of the Development.
The Developer shall pay all actual documented costs in excess of the deposit incurred by it or the City in conjunction
with the development for City administration, legal, engineering and planning expenses incurred in connection with
approval and acceptance of the development and preparation of this Contract. All expenses over the deposit will be
billed at project completion.
B. The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by it and third parties for damages sustained or costs incurred resulting from development, with the
exception of any damages or costs resulting from the negligence or intentional acts of the City or its employees, agents
or contractors. The Developer shall indemnitY the City and its officers, employees, and agents for all costs, damages,
or expenses which the City may payor incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for all reasonable costs incurred in the enforcement
ofthis Contract, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations due under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and
construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
eight percent (8%) per year.
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8
E. In addition to the charges referred to herein, other customary fees may be imposed, such as
but not limited to, building permit fees and sewer and water access charges.
26. DEVELOPER'S DEF AUL T. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse
the City for any expense incurred by the City, provided the Developer, except in an emergency as reasonably
determined by the City, is first given notice of the work in default and the opportunity to cure, not less than thirty (30
days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court
order for permission to enter the land. When the City does any such work, the City may, in addition to its other
remedies, assess the cost in whole or in part.
27. MISCELLANEOUS.
A. The Developer represents to the City that, to the best of Developer's knowledge, the
development complies with all county, metropolitan, state, and federal laws and regulations, including but not limited
to: subdivision ordinances, zoning ordinances, and environmental regulations. If the plat ceases to comply with
county, metropolitan, state, and federal laws and regulations, the City may, at its option, after thirty (30) days notice
and opportunity to cure to Developer refuse to allow construction or development work until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City or Developer under this Contract.
C. Breach of the terms of this Contract by the Developer, after thirty (30) days notice and
opportunity to cure, shall be grounds for denial of building permits and a certificate of occupancy.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is
for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract.
E. The action or inaction of the City or Developer shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and
103404.07
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9
approved by written resolution of the City Council. The City's or Developer's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
F. This Contract shall run with the land and may be recorded against the title to the property.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the
property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties
who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants.
G. The Developer may not assign this Contract without the written permission of the City
Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells -a
part or parts of the platted land.
H. Developer shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of Developer's work or the work
of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall
be not less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall
be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1 ,000,000.00 or more. The
City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten
(10) days advance written notice of the cancellation of the insurance
I. Each right, power or remedy herein conferred upon the City is cumulative and in addition
to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in
equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so
existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy.
28. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered
to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Quad
Development c/o Scott Builders, 12 Division Street, Buffalo, MN 55313. Notices to the City shall be in writing and
shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City
103404.07
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10
Administrator at the following address: Monticello City Hall, 505 Walnut Street, Monticello, Minnesota 55362.
Notices shall be effective upon delivery, if hand delivered, or one (I) business day after the date of mailing, if mailed.
Either party may change its address for notice purposes by notice to the other party given in the manner provided in
this Paragraph.
CITY OF MONTICELLO
BY:
Clint Herbst, Mayor
(SEAL)
AND
Jeff O'Neill, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTYOF~GHT )
The foregoing instrument was acknowledged before me this day of , 2007, by
Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
DEVELOPER:
SCOTT BUILDERS, INC.
BY:
Its:
103404.07
10/09/03
11
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2007, by
the of Scott Builders, Inc., a limited liability
company under the laws of Minnesota, on behalf of the limited liability company.
NOTARY PUBLIC
DRAFTED BY:
CITY OF MONTICELLO
505 WALNUT STREET, STE I
MONTICELLO, MN 55362
AMS
103404.07
10109103
12
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Monticello
505 Walnut Street
Monticello, Minnesota 55362
Dear Sir or Madam:
We hereby issue, for the account of (Name ofDevelooer) and in your favor, our Irrevocable Letter of Credit in
the amount of$ ,available to you by your draft drawn on sight on the undersigned bank.
The draft must:
Bank)
a) Bear the clanse, "Drawn under Letter of Credit No.
".
,
, dated
,2-,of
(Name of
b) Be signed by the Mayor or City Administrator of the City of Monticello.
c) Be presented for payment at
(Address of Bank)
, on or before 4:00 p.m. on November 30, 2007.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to
the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Monticello City
Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified
mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed
as follows: Monticello City Administrator, Monticello City Hall, 505 Walnut Street, Monticello, MN 55362, and is actnally
received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or
limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under
this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon
presentation.
BY:
Its
103404.07
10/09103
I3
PROJECT:
CERTIFICATE HOLDER:
INSURED:
ADDITIONAL INSURED:
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Insurance Company:
CERTIFICATE OF INSURANCE
City of Monticello
505 Walnut Street
Monticello, Minnesota 55362
City of Monticello
Expiration Date:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Insurance Company:
( ) Claims Made
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Lintit Policy
103404.07
10/09/03
Expiration Date:
( ) Occurrence
$1,000,000 for each occurrence
$1,000,000 or more
14
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting
Damage Due to Collapse
Damage Due to Underground Facilities
Broad Form Property Damage
YES
YES
YES
YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500.000 each person
$1,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
ARE ANY DEDUCTmLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE
ABOVE COVERAGES:
Ifso, list:
Amount: $
[Not to exceed $1,000.00]
103404.07
10/09/03
15
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO
WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
103404.07
10/09/03
16
Council Agenda - 10/08/2007
SF. Consideration of settilll! workshop date in November for review of City of
Monticello Snow PlowlRemoval Policv (focusinl!: on pathwavs) and consideration of
chanl!:es for the 2007/2008 Season. (J.s.)
A. REFERENCE AND BACKGROUND:
Each year just before the snow season, usually in late October or early November, the Public
Works Director and Street Superintendent review the current Snow PlowingIRemoval Policy
with the entire Public Works Department. This occurs after all of the routes have been checked
by the appropriate personnel. We will have this work completed so that a workshop can be held
prior to the Council Meeting of the 13th of November. Since this year we have been asked to
focus on pathways by the City Administrator, special attention will be given to that area of the
policy and the Council will be asked to focus on that topic.
During this discussion we will also be reviewing contracts we have with Wright County for
maintaining certain county roads within our community and outside our community.
B. ALTERNATIVE ACTIONS:
1. The first altemative is to set a workshop for the purpose of reviewing the Monticello
Snow Plowing/Removal Policy with special focus on pathways and consideration of
changes for the 2007/2008 season for 5:30 p.m. just prior to the Council Meeting on the
evening of the 13th of November, 2007.
2. The second alternative would be to set the workshop at a different date and time.
3. The third alternative would be to forego the workshop and have the review during the
regularly scheduled meeting after 7 p.m. on the evening of November 13,2007.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator, Public Works Director and Street
Superintendent that the City Council hold the workshop at 5:30 p.m. on the evening of
November 13, 2007 for the purpose of discussing the Snow Plowing/Removal Policy as outlined
in alternative #1 above.
D. SUPPORTING DATA:
None. All data will be provided after the Public Works review of the policy by all departments
and will be available for the workshop or regular meeting on November 13, 2007.
Council Agenda: 10/8/07
7. Consideration ofratification ofnnion contract. (RW)
A. REFERENCE AND BACKGROUND:
The current two year contract with LO.U.E. Local 49 covering the Public Works Department
employees expired April I, 2007. A number of meetings have been held with the union
representative, union steward and the Personnel Committee since March and an agreement
has been reached on a new two year agreement that the Council is now asked to ratify.
The original contract amendments proposed by the union included:
. Language changes to make 7 a.m. to 3:30 p.m. as the normal work day (now 7:30 a.m.
to 4 p.m.)
. Deletion of reference to taking breaks at job sites rather than at Public Works
Building.
. Requested shift differential pay of an additional $1.OO/per hour (example
snowplowing at night)
. Requested two additional holidays.
. Requested call back pay be at I Y, times base rate rather than straight time for the first
two hours.
. Requested additional 40 hours of vacation per year (one week).
. Requested a 6% salary increase for each of the next two years.
. Requested the addition of a step 8 (similar to non-union wage scale).
Although some of the items would be hard to put a dollar cost on, the additional holidays,
vacation, and salary increases alone would exceed a 10% per year increase.
After a number of meetings that were held from May through August, the City's final contract
proposal came down to the following:
. Leave work schedule as it at 7:30 a.m. to 4 p.m. (With City retaining rights to change
if necessary).
. No shift differential wage increase.
. No additional holidays.
. No change to current call back language.
. No additional vacation granted.
. Salary schedule adjustments of 2% during the first year of the contract and a minimum
of I % for the second year (or whatever the non-union is granted in 2008).
As you will note, the basic proposal by the Personnel Committee was to grant a similar
increase in wages of2% that was given to the non-union with no other major changes to the
contract language that currently existed. Union membership did not originally accept this
proposal and had concerns about being able to have a step eight in their salary schedule like
non-union currently had.
The Personnel Committee modified their last proposal indicating that they would propose to
the City Council that they would be willing to look at the possibility of adding a step eight for
the second year of the contract (4-1-08) after the job evaluations and salary recommendations
Council Agenda: 10/8/07
are completed by our consultant, Sherie Le. It is anticipated this review will be completed by
April 1 st of next year and a memorandum of understanding is included with the contract
indicating Council would consider reviewing the salary schedule at that time.
B. ALTERNATIVE ACTIONS:
1. The Council could ratify the new two year agreement with Local 49 as outlined in the
City's August 30, 2007 proposal that would grant a 2% increase in the salary schedule
effective April 1, 2007.
This alternative would include a memorandum of understanding indicating the City
Council would look at a possible addition of a step eight in April of 2008 depending
on the job evaluation and salary recommendations from the study being currently
conducted.
2. Do not approve the contract renewal at this time.
C. STAFF RECOMMENDATION:
It is the recommendation of the Personnel Committee to approve the new two year contract as
outlined including the memorandum of understanding. This proposal would basically grant
the union a 2% salary increase effective April 1 , 2007 and it has been accepted by the union
membership.
D. SUPPORTING DATA:
Copy of August 30, 2007 Union Contract Proposal
Memorandum of Understanding
Union Contract (if completed by agenda deadline)
August 30, 2007
Mr. Kent Kormen
Local 49
2829 Anthony Lane South
Minneapolis, MN 55418-3285
Re: Union Contract Renewal Proposal
Dear Mr. Kormen:
Recently you indicated that the City of Monticello's proposal dated June 11,2007 concerning
modifications to the new two year contract have been rejected by the membership. Prior to scheduling
any future meetings or negotiating sessions, the City of Monticello is prepared to submit to the City
Council for approval the following revised union contract for the Public Works employees covering the
period April 1, 2007 through March 31, 2009.
ARTICLE 9 - Work Schedules:
Change Section 9.02 to read: "Service to the public may require the establishment of regular shifts or
work weeks for some employees on a daily, weekly, seasonal or annual basis other than the current 7:30
a.m. to 4:00 p.m., Monday through Friday, workday. Assignment ofregularly scheduled hours
different than above will only be made with three days advance notice. At the employer's discretion, the
employer may change the normal 7:30 a.m. - 4:00 p.m., Monday through Friday workday to 7:30 a.m. -
4:30 p.m. with an hour lunch.
ARTICLE 9 - New Section (9.05):
The City is not agreeable in establishment of a shift differential wage at this time as Section 10.07
regarding call backs already provides compensation for hours that may be worked outside of normal
work schedule and by the overtime provisions of the contract covering hours worked over 40 in a week.
ARTICLE 19 - Holidavs n9.01):
The City would not be agreeable to adding any additional holidays above the current 10 Yz days
provided.
ARTICLE 10 - Overtime Pav nO.05):
The City would be agreeable to amending this section to allow comp time to be earned for overtime and
call backs.
Mr. Kent Konnen
August 30, 2007
Page Two
Section 10.07: The City is not agreeable to any changes to the current contract language regarding
minimum call back compensation.
Additionallanl!ual!e clarification - Overtime Pav nO.04): Add the following sentence: "For
purposes of computing overtime on a weekly basis, comp time will not be considered actual time
worked for determining eligibility for overtime pay.
ARTICLE 20 - Vacation Leave:
The City is not agreeable to any changes to the current vacation schedules.
APPENDIX #1 - Salary Schedule for years 2007 and 2008: The City proposes to increase and
establish all wage classifications by an additional.2.% effective April 1, 2007 and to increase wages
effective April I , 2008 for all classifications by a minimum of 1 % or by whatever the
non-union salary is adjusted for the year 2008, whichever is greater.
Operator Current - 4/1/06
First 6 months $16.64
6-12 months $17.47
12-24 months $18.31
24-36 months $19.12
36-48 months $19.96
48-96 months $21.03
Top Rate $21.88
Shop/Mechanic Current - 4/1/06
First 6 months $17.62
6-12 months $18.51
12-24 months $19.40
24-36 months $20.28
36-48 months $21.15
48-96 months $22.28
Top Rate $23.19
Foreman II Current - 4/1/06
First 6 months $18.93
6-12 months $19.78
12-24 months $20.61
24-36 months $21.43
First 6 months
6-12 months
12-24 months
24-36 months
36-48 months
48-96 months
Top Rate
First 6 months
6-12 months
12-24 months
24-36 months
36-48 months
48-96 months
Top Rate
First 6 months
6-12 months
12-24 months
24-36 months
Proposal- 4/1/07
$16.97
$17.82
$18.68
$19.50
$20.36
$21.45
$22.31
Proposal- 4/1/07
$17.97
$18.88
$19.79
$20.69
$21.57
$22.73
$23.65
Proposal- 4/1/07
$19.31
$20.18
$21.02
$21.86
Mr. Kent Kormen
August 30, 2007
Page 3
Foreman II
Current - 4/1106
Proposal- 4/1107
36-48 months
48-96 months
Top Rate
$22.26
$23.35
$24.27
36-48 months
48-96 months
Top Rate
$22.71
$23.82
$24.76
lOVE Central Pension Fund (CPF)
The City of Monticello would not be agreeable to allow union employees to participate in the IOUE
Central Pension Fund. At this time since the City already contributes to PERA and allows employees to
participate in a 457 Deferred Comp Plan.
The proposal as outlined above should be considered by the union membership as a package proposal
for a new two year agreement. The wage proposals and benefits outlined are similar to the current
structure of wages and benefits for non-union employees of the city.
In addition to the modifications proposed, the City of Monticello is agreeable to continuing it current
health insurance benefits as outlined in the previous contract. Likewise, if the City experiences
increases in its annual cost, the union membership would participate in those cost increases similar to
those imposed on non-union membership.
As you may be aware, with the recent Govemor's veto of the Omnibus Tax Bill, the City of Monticello
will be faced with potential property tax increases of up to 10% and more in the next few years to
compensate for loss ofXcel Energy tax base. Councilmembers and staff will be soon analyzing each
department's equipment needs, facilities and personnel issues to determine the most
cost effective way of reducing expenditures due to this potential loss of revenue, which would include
analyzing services that could be contracted privately. The union contract renewal as proposed could be
considered generous in light of the recent expected revenue shortfalls. If the proposal is acceptable to
the membership, it would still be recommended to the City Council to ratify the contract amendments
retroactive to April 1, 2007.
Yours truly,
CITY OF MONTICELLO
Rick Wolfsteller
Finance Director
RW/dg
Cc: Union Contract File
Personnel Committee Members - Clint Herbst and Wayne Mayer
..
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MONTICELLO AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL NO. 49
This Memorandum of Understanding is entered into between the City of Monticello and
the International Union of Operating Engineers, Local No. 49, AFL-CIO and sets forth
the respective parties agreement to continue discussions relating to the salary schedule for
the 2nd year of the labor contract for period 4-1-08 to 4-1-09.
IT IS HEREBY UNDERSTOOD AND MUTUALLY AGREED TO BETWEEN THE
PARTIES THAT:
I)
The City of Monticello has authorized and contracted for an updated Comparable
Worth Study relating to all city position job descriptions and recommendations on
future salary schedule adjustments.
2)
The report and recommendations are expected to be completed and reviewed by
the City prior to 4-1-08.
3)
The City Council would be agreeable to revisit salary schedule proposed for the
second year of the contract to consider the addition of an 8th step if warranted by
the Comparable Worth Study.
FOR THE CITY OF MONTICELLO
FOR LU.O.E. LOCAL NO. 49
Dated:
Dated:
Council Agenda: 1018107
8. Consideration of approvin2 an RFP for En2ineerin2 Desi2n/Build services for the fiber
optics network and authorize sendin2 out the RFP for bids. (JO, CS)
A. REFERENCE AND BACKGROUND:
Following the referendum, with a favorable outcome of74% approval, the City Fiber Optics
Committee is continuing the next steps in bringing a city-wide fiber optics network to the
community. In order to ensure best possible terms associated with the bond sale, there are a
number of items that should be prepared prior to the actual bond sale. These items that are
best completed prior to the bond sale include engineering specifications for the designlbuild;
determination of construction costs; operations management; service agreements related to
telephone and cable TV programming; and initial development of a marketing plan. A
financing meeting this week with Oppenheimer, the underwriter for the bonds, confirmed our
role in completing these items prior to the bond sale.
The City has contracted with Doug Dawson from CCG and Milda Hedblom from Dain
International to provide ongoing consulting services related to the city fiber optics project. At
this time, Doug has prepared a Request for Proposal for Engineering Design services from
which to build the fiber optic network. This RFP lays out the detail for an engineering firm
to define the specifications of our fiber optics system. Tonight, we are asking Council to
approve the RFP and authorize sending out the RFP for bids. The consulting work on the
RFP is covered in the 2007 budget (and is reimbursable from bond proceeds). The cost of
advertising and funding the engineering work as defined in the RFP is an upfront cost that
will be reimbursable from bond proceeds. It is proposed to cover these costs from reserves
until we receive the bond money. Estimated costs $235,000.
The specifications defined by the engineers in the designlbuild process will be used to
develop requests for proposal for construction equipment, fiber installation and other aspects
of the overall project. These contracts and related activities are reflected in the items below.
The estimated cost for these items is at $245,000.
Engineering of the outside plant network, per the RFP
Development of detailed timeline and GANTT chart
Design of the head end building
Survey & initiate construction of the head end building in 07
RFP to select the FTTH equipment vendor
RFP to select a voice switch
RFP to select a construction contractor for the network
Regulatory filings including interconnection
Selecting an operations partner (BHC or BVU)
General Manager selection & begin contract
Consulting work to secure the bond
Work space & equipment for initial employees
Rights-of-way for fiber construction
Council Agenda: 10/8/07
It is common to cover preliminary proj ect costs in advance of receiving bond proceeds.
Adopting a reimbursement resolution is a provision for recapturing costs associated with a
specified project. Such a resolution was adopted by Council in April of 2007 for the city fiber
optics project. The anticipated bond sale in spring of 2008 will provide the City with the
means of recovering reimbursable costs and replacing the reserves from which we would
borrow.
Our financial advisors on the project, Springsted Inc, recommend that the City follow this
process for maximizing our opportunities when the revenue bonds are sold. Quality
information and concrete data that we provide to the investors will result in better rates for the
City and less risk to the investors.
B. ALTERNATIVE ACTIONS
I. Approve the RFP for Engineering Designlbid/build services for the fiber optics network
and authorize distribution of the RFP. In addition, authorize use of reserves to cover
design costs to be reimbursed with interest from bond proceeds.
Under this alternative the request for proposal can be distributed to engineering firms with
the assurance that the design portion of the proj ect is moving forward. A team of city
representative derived from the Task Force will be brought together to review the
proposals.
2. Do not approve the RFP for Engineering DesignlBuild services for the fiber optics
network at this time.
3. Do not authorize sending out the RFP for bids at this time.
C. STAFF RECOMMENDATION:
The City Administrator and Fiber Optics Committee support alternative 1.
D. SUPPORTING DATA:
RFP
Council Agenda: I 0/8/07
9. Consideration of appointinl! a Council representative to an audit review team to select
an audit firm for 2007. 2008. and 2009 audits. (TK, CS)
A. REFERENCE AND BACKGROUND:
The City of Monticello recently sent out a Request for Proposal for audit services to nine
firms including LarsonAllen, who performed the annual audit for the City the past four years.
Prior to that, the firm of Gruys, Borden, Carlson provided audit services to the city for many
years. In 2003-2004, Gruys, Borden, Carlson merged with LarsonAllen, LLP and, from that
time forward, LarsonAllen has performed the audit.
Cities were required to convert to a new reporting method under GASB 34 requirements; our
starting year was 2003, which was audited in 2004. This added significant cost and time to
our audit, almost doubling in fees from 2003 to 2004 and resulting in the need for deadline
extensions from the state for several years. We did negotiate a contract with LarsonAllen for
2005 and 2006 audit years, which helped control costs plus we completed the audit by the
state deadline.
There are several reasons that we chose to send out an RFP for audit services. First, no RFP
for audit services has been done in over 20 years - in fact, we are not sure if and when an RFP
was ever done. We were not sure if the City was getting the best value it could because we
had never compared costs. Second, one of the best ways to control audit costs is through an
RFP process. Firms must provide a competitive bid and state their services in order to be
considered for a contract. You can compare what you get for your money, and when you
spread costs out over three to five years, you can realize additional savings. Third, we had
experienced dissatisfaction with stafftumover and inexperienced personnel with the current
audit firm during the last two audit seasons. We felt that it might be time to consider a change
in audit firms.
In the Request for Proposal, we identified a number of criteria that we were looking for in
terms of service and professional assistance to conduct the required annual audit. In addition
to asking firms to identify information about their company and staff, we wanted to know the
approach they would take with the audit process. Each firm was asked to provide pricing for
2007,2008 and 2009 audit years for the base audit, preparation of the financial statements,
preparation of the Comprehensive Annual Financial Report (CAFR), and some miscellaneous
items. We compared the pricing and the overall criteria that the firms included in their
proposals.
Six of the nine firms sent proposals to the City. We have narrowed the search down to three
firms that we feel offer superior professional services and competitive rates. We plan to
interview these firms and would like a Council representative to sit on the search team with
several finance department employees. Following the interviews, the search team will select a
firm and make a recommendation to Council at the October 22 meeting. After approval, we
will award the contract prior to October 31, which keeps us on the schedule defined in the
RFP.
Council Agenda: 10/8/07
B. ALTERNATIVE ACTIONS
1. Appoint as the Council representative to serve on the
search team for reviewing audit proposals for 2007,2008, and 2009.
2. Do not appoint a representative from Council.
C. STAFF RECOMMENDATION:
The City Administrator and Finance Director support the appointment of a Council
representative to review the proposals for audit services and assist in the selection of an audit
firm for 2007, 2008, and 2009.
D. SUPPORTING DATA:
List of audit firms receiving RFP for audit services.
Audit RFP comparison worksheet.
AUDIT FIRMS - SENT RFP TO THESE CaMP ANTES - 8/28/07:
MMKR & Company
Attn Jim Eichten
5353 Wayzata Blvd
Suite 410
Minneapolis MN 55416
Larson Allen Weishair & Company
Attn Doug Host
PO Box 648
Brainerd MN 56401-0648
Abdo Eick & Meyers LLP
Attn Steve McDonald
5201 Eden Av, #370
Edian MN 55436
Deloitte & Touche, Public Accountants
120 S 6th Street, #400
Minneapolis MN 55402
Eide Bailly LLP
5601 Green Valley Drive, #700
Bloomington MN 55437-1145
HLB Tautges Redpath Ltd
4810 White Bear Parkway
WhiteBearLakeMN 55110
Kern DeWenter Viere Ltd
220 Park Avenue South
PO Box 1304
St Cloud MN 56302
KPMG, Public Accountants
90 S 7th Street
Minneapolis MN 55402
Virchow Krause & Company
7900 Xerxes Ave S, #2400
Minneapolis MN 55431
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