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City Council Agenda Packet 03-27-2023
AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, March 27, 2023 — 6:30 p.m. Mississippi Room, Monticello Community Center CITY COUNCIL WORKSHOP Monticello Community Center 6:00 p.m. Closed Meeting — Discussion of purchase of property located at 207 River Street East (PID 155-010-066010) —Authorized by Minnesota State Statute 13D.05 Subd. 3 Mayor: Lloyd Hilgart Council Members: Charlotte Gabler, Tracy Hinz, Lee Martie, Sam Murdoff 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Regular Meeting Minutes from March 13, 2023 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, except for referral to staff for future report. E. Public Service Announcements/Updates • Liz Calpas - Introduction of Monticello Royal Ambassadors — Lexi Kothenbeutel, Julie Ziebarth, and Teagan Fisher • City Announcements F. Council Liaison Update • Library Board • CMRP • 1-94 Coalition • Parks, Arts, & Recreation Commission G. Department Update • Animal Control 2. Consent Agenda — All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2023-24 accepting a donation of $1,000 from the Monticello Lions for jackets for Fire Department Consideration of adopting Resolution 2023-25 accepting a grant in the amount of $30,000 from the Central Minnesota Arts Board (CMAB) State Creative Support Grant for MontiArts F. Consideration of confirming the appointment of Councilmember Murdoff as the Council liaison to the Bertram Chain of Lakes Advisory Council and Councilmember Martie as the alternate member G. Consideration of adopting Resolution 2023-26 accepting a grant from the Minnesota Department of Natural Resources in the amount of $30,000 for Ember Ash Borer management H. Consideration of approving an amendment to the Monticello Zoning Ordinance related to Retail Rental Uses including, but not limited to Definition, Zoning Districts and Standards. Applicant: Michelle Rice Consideration of approving Resolution 2023-27 amending Monticello 2040 Vision + Plan (Comprehensive Plan), Chapter 3, "Land Use, Growth and Orderly Annexation", re -guiding certain parcels from their existing Industrial designations to alternative Industrial, Employment, and Commercial categories, and approving Resolution 2023-28 amending the text of the Plan to add flexibility for implementation of the Plan's goals and land use objectives. Applicant: City of Monticello Consideration of approving Resolution 2023-29 amending the Monticello 2040 Vision + Plan (Comprehensive Plan), Chapter 3, "Land Use, Growth and Orderly Annexation" as related to future land use designations and map; and Consideration of rezoning 108 Thomas Circle from 1-1, Light Industrial District to Industrial Business Campus (IBC) District. Applicant: Darrin Juve K. Consideration of approving a contract for professional services with Grittman Consulting, LLC and appointing Grittman Consulting, LLC as the City Planner L. Consideration of adopting Resolution 2023-30 approving an amendment to the Deephaven 3 Development Contract for Development of Lot 2, Block 1, Deephaven 3 M. Consideration of amending funding and construction agreement between Wright County and the City of Monticello N. Consideration of approving a contract with McDowall Company for the replacement of the boilers for the library in the amount of $59,700 O. Consideration of approving appointment of Lisa Bush to the Library Board for a seven-year term ending December 31, 2024 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda A. Consideration of approving Resolution 2023-31 formally commenting to the MOAA relating to a request for rezoning property within the MOAA adjacent to City boundaries. Applicant: City of Monticello S. Adjournment REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, March 13, 2023 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Charlotte Gabler, Tracy Hinz, Lee Martie and Sam Murdoff Absent: None. 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. B. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Murdoff seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Regular Meeting Minutes from February 27, 2023 Councilmember Martie moved approval of the minutes. Councilmember Gabler seconded the motion. Motion carried unanimously. D. Citizen Comments None. E. Public Service Announcements • Haley Foster, Communications Coordinator, gave an update on the following: - School Boulevard Safe Routes to School Project - Riverside Cemetery Cleanup - Spring Hydrant Flushing - Seasonal Employment - Spring Weight Restrictions - Sprint Tree Sale - West Bridge Park closed to events this season - Spring Egg Dive Registration - Walk & Roll registration is now open - Summer Event Sponsorship Opportunities F. Council Liaison Updates City Council Minutes: March 13, 2023 Page 1 1 3 • IEDC — Councilmember Hinz noted that the group heard a presentation on electric vehicle charging stations and was presented with information on childcare challenges in the area. • Planning Commission — Councilmember Gabler gave an update on the meeting held March 7. The commission held four public hearings. • EDA — Councilmember Hinz gave an update on the meeting held March 8. The EDA received a quarterly update from WSB and a new prospect update. G. Department Updates • Legislative Update — Rachel Leonard, City Administrator, provided a legislative update relating to Water Treatment Plant bonding and local option sales tax initiative. 2. Consent Agenda: Councilmember Murdoff move approval of the Consent Agenda. Councilmember Hinz seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $618,697.75. B. Consideration of approving new hires and departures for City departments. Action taken: Approved the hires for MCC and departures for MCC. C. Consideration of approving the sale/disposal of surplus city property. Action taken: No report this cycle. D. Consideration of adopting Resolution 2023-21 accepting donation from Monticello Lions in the amount of $10,000 for The Gathering sculpture at East Bridge Park. Action taken: Resolution accepting the donation was adopted. E. Consideration of approving appointment of Rick Barger to the Economic Development Authority (EDA) for a six-year term ending December 31, 2028. Action taken: Appointment was approved. F. Consideration of approving a contract with Mark Holker for the maintenance of city -owned property. Action taken: Contract was approved. G. Consideration of authorizing Northern Lights Display to refurbish the holiday decorations on State Highway 25 and Broadway Street for a total cost of $30,283. Action taken: Authorized Northern Lights Display to refurbish the holiday decorations. H. Consideration of authorizing HCM Architects to provide architectural services for the repair of the Monticello Community Center entrance and to develop design City Council Minutes: March 13, 2023 Page 2 1 3 alternatives for facility wide hardening for a total cost of $18,775. Action taken: Contract with HCM Architects was approved. Consideration of adopting Resolution 2023-22 authorizing assignment of Development Contract for the Monticello Lakes Planned Unit Development from Monticello Lakes, LLC and approval of PUD amendment for Monticello Lakes PUD District, including related amendments to the Development Contract and Planned Unit Development Agreement. Action taken: Adopted Resolution 2023- 22 authorizing assignment of Development Contract and Planned Unit Development Agreement from Monticello Lake Apartments LLC to Monticello Lakes, LLC, and adopted Ordinance 800 and Resolution 2023-23 amending the Monticello Lakes Planned Unit Development District, amending the approved plans for said PUD contingent on conditions as listed in Exhibit Z of the staff report dated March 7, 2023 and approving related amendments to the Development Contract and Planned Unit Development Agreement. J. Consideration of suspending nuisance enforcement per City Code 91.06 for any violation of City Code 91.04(16)(b) -(c) for May 1-31, 2023 in recognition of "No Mow May". Action taken: Approved the suspension. K. Consideration of approving amendment to the Joint Powers Agreement between Wright County and the City of Monticello and Bertram Chain of Lakes Advisory Board by-laws for management of Bertram Chain of Lakes Regional Park. Action taken: Approved the amendments. Consideration of authorizing upgrading the Parks, Arts & Recreation Department's software to Club Automation for a one-time implementation fee of $500 with annual software license fee of $15,743. Action taken: Approved the upgrade. 3. Public Hearings: 4. Regular Agenda: 5. Adjournment: The meeting was adjourned at 6:44 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Administrator City Council Minutes: March 13, 2023 Page 3 1 3 City Council Agenda: 3/13/2023 2A. Consideration of approving payment of bills Prepared by: Meeting Date: ® Consent Agenda Item Finance Director 3/13/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve the bill and purchase card registers for a total amount of $618,697.75. REFERENCE AND BACKGROUND City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. Budget Impact: N/A II. Staff Workload Impact: No additional work. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of bill and purchase card registers as presented. SUPPORTING DATA • Bill registers and purchase card registers Accounts Payable Computer Check Proof List by Vendor User: Debbie.Gulbrandson Printed: 03/01/2023 - 2:31PM Batch: 00207.02.2023 - 207.02.2023 Xcel Invoice No Description Amount Payment Date Acct Number Moiiii6effo Y Reference Vendor: 1102 CENTERPOINT ENERGY Check Sequence: 1 ACH Enabled: True 02/28/2023 5863599-6 - Animal Shelter 289.77 02/28/2023 101-42700-438100 02/28/2023 5828859-8 - Storage Garage 138.03 02/28/2023 101-41940-438100 02/28/2023 5864452-7 - Library 1,102.39 02/28/2023 101-45501-438100 02/28/2023 5837384-6 - Publc Works 2,935.48 02/28/2023 101-43127-438100 02/28/2023 6401745330-5 - 349 W Broadway 312.02 02/28/2023 101-45204-438100 02/28/2023 5788570-9 - Hi Way Liquor 1,450.24 02/28/2023 609-49754-438100 02/28/2023 5804618-6 - Parks (Fallon) 15.00 02/28/2023 101-45201-438100 02/28/2023 5768542-2 - MCC 12,784.79 02/28/2023 226-45126-438100 02/28/2023 5768542-2 - City Hall 552.86 02/28/2023 101-41940-438100 02/28/2023 5820786-1 - Public Works 411.07 02/28/2023 101-43127-438100 02/28/2023 5799425-3 - Public Works 1,353.05 02/28/2023 101-43127-438100 02/28/2023 5821009-7 - Parks 1,322.61 02/28/2023 101-45201-438100 02/28/2023 5768542-2 - National Guard 276.43 02/28/2023 101-42800-438100 02/28/2023 5768542-2 - Senior Center 207.32 02/28/2023 101-45175-438100 02/28/2023 8000015233-2- WWTP 9,758.16 02/28/2023 602-49480-438100 02/28/2023 5806932-9 - Parks 204.14 02/28/2023 101-45201-438100 02/28/2023 5799427-9 - Public Works 281.30 02/28/2023 101-43127-438100 02/28/2023 11077481-7 - Fire Station 3,021.55 02/28/2023 101-42200-438100 02/28/2023 8235333-5- DMV 169.23 02/28/2023 653-41990-438100 02/28/2023 5843395-4 - Facilities 184.55 02/28/2023 701-00000-438100 02/28/2023 6402462182-9 - Help Center 303.35 02/28/2023 701-00000-438100 02/28/2023 8235331-9- DMV 266.55 02/28/2023 653-41990-438100 02/28/2023 6403095858-7 - 213 W Broadway - JOTL 354.63 02/28/2023 101-45204-438100 Check Total: 37,694.52 Vendor: 2050 DEMVI LLC Check Sequence: 2 ACH Enabled: True 2/25/2023 Parking Lot Maintenance - Feb 2023 213.86 02/28/2023 213-46301-443990 Check Total: 213.86 Vendor: 6041 HEALTHEQUITY INC Check Sequence: 3 ACH Enabled: True AP -Computer Check Proof List by Vendor (03/01/2023 - 2:31 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 16398858 Participant Fee - Feb 2023 41.00 02/28/2023 101-41800-413500 40523860 FSA- Dependent Care 192.30 02/28/2023 101-00000-217200 40523860 FSA -Medical 206.60 02/28/2023 101-00000-217300 Check Total: 439.90 Vendor: 5188 HEALTHY CONTRIBUTIONS Check Sequence: 4 ACH Enabled: True 2/28/2023 AARP Supplement/At Your Best 5.90 02/28/2023 226-45122-430900 Check Total: 5.90 Vendor: 5646 JACK HENRY & ASSOCIATES, INC. Check Sequence: 5 ACH Enabled: True 4223007 Client Account Fees - Feb 2023 48.97 02/28/2023 226-45122-443980 Check Total: 48.97 Vendor: 1593 MN DEPT OF REVENUE - ACH Check Sequence: 6 ACH Enabled: True January Jan Sales Tax - General 108.62 02/28/2023 101-00000-208100 January Jan Sales Tax - General 0.38 02/28/2023 101-41310-443990 January Jan Waste Tax - General 146.62 02/28/2023 101-00000-208120 January Jan Waste Tax - General 0.38 02/28/2023 101-43230-443990 January Jan Sales Tax - DMV -0.48 02/28/2023 653-00000-208100 January Jan Sales Tax - DMV 0.48 02/28/2023 653-41990-443990 January Jan Sales Tax - MCC 9,144.21 02/28/2023 226-00000-208100 January Jan Sales Tax - MCC -0.21 02/28/2023 226-45122-362900 January Jan Sales Tax - Water 944.07 02/28/2023 601-00000-208100 January Jan Sales Tax - Water -0.07 02/28/2023 601-00000-362900 January Jan Sales Tax - Misc Adj 1.00 02/28/2023 101-41310-443990 January Jan Sales Tax - Liquor 45,189.56 02/28/2023 609-00000-208100 January Jan Sales Tax - Liquor 0.44 02/28/2023 609-49750-443990 Check Total: 55,535.00 Vendor: 4174 MN PUBLIC FACILITIES AUTHORITY Check Sequence: 7 ACH Enabled: True 2/21/2023 MPFA Interest Payment 7,892.78 02/28/2023 602-49480-461100 Check Total: 7,892.78 Vendor: 4732 MONEY MOVERS, INC. Check Sequence: 8 ACH Enabled: True 155533 Fitness Rewards - Jan 2023 22.00 02/28/2023 226-45122-430900 Check Total: 22.00 Vendor: 1585 XCEL ENERGY Check Sequence: 9 ACH Enabled: True AP -Computer Check Proof List by Vendor (03/01/2023 - 2:31 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 02/28/23 51-6505911-8- DMV 551.64 02/28/2023 653-41990-438100 02/28/23 51-6505909-4 - Facilities Mgmt 0.00 02/28/2023 701-00000-438100 02/28/23 51-6505915-2 - Parks 1,084.08 02/28/2023 101-45201-438100 02/28/23 51-6505911-8 -MCC 5,787.86 02/28/2023 226-45126-438100 02/28/23 51-6505912-9 - Animal Shelter 157.68 02/28/2023 101-42700-438100 02/28/23 51-4271112-2- Library 0.00 02/28/2023 101-45501-438100 02/28/23 51-6505907-2 - Park Lots- auto 91.98 02/28/2023 101-43160-438100 02/28/23 51-6505907-2 - Parking Lots 240.49 02/28/2023 101-43160-438100 02/28/23 51-6505905-0 - Water 11,328.49 02/28/2023 601-49440-438100 02/28/23 51 -6505915 -2 -Ice Rink 33% 175.25 02/28/2023 601-49440-438100 02/28/23 ZZZNEP-IMPLEM- 51-6505908-3 20.49 02/28/2023 101-42500-438100 02/28/23 51-6505911-8 - City Hall 1,277.84 02/28/2023 101-41940-438100 02/28/23 51-6505914-1 - Shop/Garage 0.00 02/28/2023 101-43127-438100 02/28/23 51-6505913-0 - Fire Station 0.00 02/28/2023 101-42200-438100 02/28/23 51-7780310-4- Bldg.Inspec. G 66.76 02/28/2023 101-41940-438100 02/28/23 51-0623082-8- MontiArts 527.85 02/28/2023 101-45204-438100 02/28/23 51-6505915-2 - NSP- Softball 224.27 02/28/2023 101-45203-438100 02/28/23 51-6505911-8- Liquor Store 1,697.38 02/28/2023 609-49754-438100 02/28/23 51 -6505906 -1 -Sewer 1,861.41 02/28/2023 602-49490-438100 02/28/23 51-0395766-0 - Ramsey Pumphous 0.00 02/28/2023 601-49440-438100 02/28/23 51 -6505911 -8 -Senior Center 300.67 02/28/2023 101-45175-438100 02/28/23 51-6572904-0- WWTP 22,992.53 02/28/2023 602-49480-438100 02/28/23 51-6505915-2 - NSP- consc/sec. 28.13 02/28/2023 101-45203-438100 02/28/23 51-6505916-3 - Street Lights 15,963.53 02/28/2023 101-43160-438100 02/28/23 51-0371645-4 - SwanCam 0.00 02/28/2023 101-45201-438100 02/28/23 51-6505911-8 - National Guard 150.33 02/28/2023 101-42800-438100 02/28/23 51 -6505911 -8 -Parks Bldg 725.96 02/28/2023 101-45201-438100 02/28/23 51-13295413-8-103 Pine St 0.00 02/28/2023 213-46301-438100 02/28/23 51 -13295413 -8 -Parks 0.00 02/28/2023 101-45201-438100 02/28/23 51-13295413-8- Water 0.00 02/28/2023 601-49440-438100 02/28/23 51-13295413-8 -Streets 0.00 02/28/2023 101-43120-438100 02/28/23 51-0013373403-2 - MontiArts 121.37 02/28/2023 101-45204-438100 02/28/23 Solar Reward Credit -6,475.06 02/28/2023 101-41310-362140 02/28/23 amount booked to AR -18,030.31 02/28/2023 101-00000-115030 02/28/23 51-6505911-8 - Fire Station 1,457.48 02/28/2023 101-42200-438100 02/28/23 51-6505911-8 - 211 Cedar St Facilities Mngmt 192.40 02/28/2023 701-00000-438100 02/28/23 51-6505911-8- Library 1,202.94 02/28/2023 101-45501-438100 Check Total: 43,723.44 AP -Computer Check Proof List by Vendor (03/01/2023 - 2:31 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 145,576.37 Total of Number of Checks: The preceding list of bills payable was reviewed and approved for payment. Date: 3/13/2023 Approved By Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (03/01/2023 - 2:31 PM) Page 4 Accounts Payable Moiiiii6effo ITY' OF Computer Check Proof List by Vendor User: Debbie.Gulbrandson Printed: 03/08/2023 - 2:40PM Batch: 00202.03.2023 - 202.03.2023 AP Invoice No Description Amount Payment Date Acct Number Reference Vendor: 2925 1 ST LINE/LEEWES VENTURES LLC Check Sequence: 1 ACH Enabled: False 144675 Flavored Syrups for Concessions 551.00 03/14/2023 226-45125-425410 Check Total: 551.00 Vendor: 4928 AMERICAN LEGAL PUBLISHING CORP Check Sequence: 2 ACH Enabled: False 23569 2023 S-3 Folio/Internet Supplement Pages (491 965.45 03/14/2023 101-41910-431990 Check Total: 965.45 Vendor: 3491 ARTISAN BEER COMPANY Check Sequence: 3 ACH Enabled: False 3588418 Resale - Wine 83.10 03/14/2023 609-49750-425300 Check Total: 83.10 Vendor: 4502 ARVIG Check Sequence: 4 ACH Enabled: True 333536 Feb 2023 - FNM Expenses - Calix 14,256.26 03/14/2023 656-49877-422990 Check Total: 14,256.26 Vendor: 4046 AST SPORTS, INC Check Sequence: 5 ACH Enabled: True 6609 (15) T-shirts w/color crest 216.00 03/14/2023 226-45122-421990 6638 (2) Ladies LS shirts w/embroidery for Parks, Art 73.00 03/14/2023 226-45122-421990 6649 (35) t-shirts w/color crest 504.00 03/14/2023 226-45122-421990 6655 (7) total uniform shirts, jackets, vests, w/embr. - 275.00 03/14/2023 609-49754-421990 Check Total: 1,068.00 Vendor: 1368 AUTO VALUE MONTICELLO Check Sequence: 6 ACH Enabled: False 21208412 Oil Filters (5) 26.45 03/14/2023 101-43127-422120 21208522 Ignition Coil, Spark Plug #113 335.84 03/14/2023 101-43120-422110 21208703 Oil Filters (2) 10.58 03/14/2023 101-43127-422120 21208763 Serpentine Belt 30.99 03/14/2023 101-43120-422110 21208853 24 FT 4 Wire Kit 24.99 03/14/2023 101-43120-422110 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 21208856 4 Wire Flat Car 6.99 03/14/2023 101-43120-422110 21208916 Various Filters (Fuel, Air, Oil) (9) 147.92 03/14/2023 101-43127-422120 21208939 Battery 113.99 03/14/2023 101-43120-422110 Check Total: 697.75 Vendor: 1186 BDG INC Check Sequence: 7 ACH Enabled: True 28484 Sewer Camera Repair Parts: Bearings, Chain, Sp 766.25 03/14/2023 602-49490-422990 Check Total: 766.25 Vendor: 1062 BEAUDRY OIL COMPANY Check Sequence: 8 ACH Enabled: True 2279635 Diesel Fuel (420.6 gals) @ $3.444 1,568.42 03/14/2023 101-43120-421200 2279638 Unleaded Fuel (240.2 gals) @ $2.518 673.28 03/14/2023 101-43120-421200 2281084 Unleaded Fuel (374.1 gals) @ $2.50 1,041.87 03/14/2023 101-43120-421200 2284765 Diesel Fuel (909.4 gals) @ $3.194 3,163.80 03/14/2023 101-43120-421200 2284766 Unleaded Fuel (239.5 gals) @ $2.412 645.93 03/14/2023 101-43120-421200 Check Total: 7,093.30 Vendor: 1065 BELLBOY CORPORATION Check Sequence: 9 ACH Enabled: True 106451600 Freight 0.16 03/14/2023 609-49750-433300 106451600 Resale - Grenadine 36.00 03/14/2023 609-49750-425400 106451700 Resale - Bloody mary mix, gift bags 76.00 03/14/2023 609-49750-425400 106451700 Freight 0.35 03/14/2023 609-49750-433300 98451700 Resale- Liquor -40.92 03/14/2023 609-49750-425100 98501100 Freight 68.89 03/14/2023 609-49750-433300 98501100 Resale- Liquor 6,036.42 03/14/2023 609-49750-425100 98557300 Freight 51.15 03/14/2023 609-49750-433300 98557300 Resale- Liquor 3,589.00 03/14/2023 609-49750-425100 98593400 Resale- Liquor 7,630.45 03/14/2023 609-49750-425100 98593400 Freight 69.73 03/14/2023 609-49750-433300 98642900 Resale- Wine 420.00 03/14/2023 609-49750-425300 98642900 Resale- Liquor 8,856.41 03/14/2023 609-49750-425100 98642900 Freight 98.87 03/14/2023 609-49750-433300 Check Total: 26,892.51 Vendor: 1067 BERNICK'S Check Sequence: 10 ACH Enabled: False 10047561 Resale - Pop, gatorade, juice, club soda, tonic foi 252.16 03/14/2023 226-45125-425410 10047561 Resale - Premix tanks club soda, tonic, pop for c 219.00 03/14/2023 226-45123-421990 10048222 Resale - NA Beer 36.90 03/14/2023 609-49750-425400 10048222 Resale - Beer 1,055.40 03/14/2023 609-49750-425200 10048223 Resale - Pop 86.08 03/14/2023 609-49750-425400 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 10048224 Resale - Beer credit -237.80 03/14/2023 609-49750-425200 10050665 Resale - Beer 1,369.70 03/14/2023 609-49750-425200 10050666 Resale - Pop 38.56 03/14/2023 609-49750-425400 10050667 Resale - Pop, gatorade, juice, propel, bubblr for c 619.92 03/14/2023 226-45125-425410 Check Total: 3,439.92 Vendor: 5025 BEVERAGE LINE SERVICE LLC Check Sequence: 11 ACH Enabled: False 4313 Clean tap beer lines (2) 60.00 03/14/2023 226-45123-431990 Check Total: 60.00 Vendor: 6188 BIG ANIMAL PRODUCTIONS Check Sequence: 12 ACH Enabled: False 1774 Animated luminated Polar Bear & Starman pupp 4,000.00 03/14/2023 101-45204-431990 Check Total: 4,000.00 Vendor: 1079 BOYER TRUCKS ROGERS Check Sequence: 13 ACH Enabled: True OOlFC7606 Finance Charge 1.02 03/14/2023 101-45201-443990 003P35030 Seal O Rings (2) 90.32 03/14/2023 101-43125-422990 Check Total: 91.34 Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPIF Check Sequence: 14 ACH Enabled: False 347968977 Resale- Liquor 3,402.94 03/14/2023 609-49750-425100 347968977 Resale- Wine 105.28 03/14/2023 609-49750-425300 347968977 Resale - Freight 45.40 03/14/2023 609-49750-433300 348060315 Resale - Freight 103.82 03/14/2023 609-49750-433300 348060315 Resale- Liquor 5,769.60 03/14/2023 609-49750-425100 348060315 Resale- Wine 804.00 03/14/2023 609-49750-425300 348060315 Resale - NA Wine, margarita mix, sweet & sour 1 1,136.28 03/14/2023 609-49750-425400 410628548 Resale - wine credit -112.00 03/14/2023 609-49750-425300 410628548 Freight credit -1.65 03/14/2023 609-49750-433300 410632028 Freight credit -0.55 03/14/2023 609-49750-433300 410632028 Resale - Liq credit -451.27 03/14/2023 609-49750-425100 Check Total: 10,801.85 Vendor: 4646 CAPITOL BEVERAGE SALES L.P. Check Sequence: 15 ACH Enabled: True 2799926 Resale - Beer 20,861.60 03/14/2023 609-49750-425200 2799926 Resale - NA beer, tonic 168.85 03/14/2023 609-49750-425400 2799926 Resale -cranberry & orange juice 51.98 03/14/2023 609-49750-425500 2802337 Resale - Beer 7,776.15 03/14/2023 609-49750-425200 2802337 Resale- Liq 81.00 03/14/2023 609-49750-425100 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 2802337 Resale - orange juice 79.47 03/14/2023 609-49750-425500 2802337 Resale - NA beer, sour mix 201.65 03/14/2023 609-49750-425400 2805147 Resale - Beer 13,612.31 03/14/2023 609-49750-425200 2805147 Resale - Club soda, NA beer 87.90 03/14/2023 609-49750-425400 2805147 Resale - cranberry & orange juice 76.47 03/14/2023 609-49750-425500 Utility Light Bracket (1) Check Total: 42,997.38 03/14/2023 101-43120-422110 Vendor: 1106 CENTRAL MCGOWAN INC 2,016.80 Check Sequence: 16 223831 Monthly tank rental (February) 76.00 03/14/2023 701-00000-441500 682095 Bulk Carbon Dioxide (646 LB) 206.41 03/14/2023 701-00000-421600 Check Total: 282.41 Vendor: 5718 COLLINS BROTHERS TOWING OF ST. CLO Check Sequence: 17 23-133432 DBA- Burda's - Tow 2012 Mack #116 345.00 03/14/2023 101-43125-443990 Check Total: 345.00 Vendor: 2080 CRYSTEEL TRUCK EQUIPMENT INC Check Sequence: 18 FP190292 Seat Covers (3) 960.00 03/14/2023 101-43120-422110 FP190293 Lo Side Tool Box, Floor Mats 746.80 03/14/2023 101-43120-422110 FP190410 Back Rack, MTG Kit #555 270.00 03/14/2023 101-43127-422990 FP190524 Utility Light Bracket (1) 40.00 03/14/2023 101-43120-422110 Check Total: 2,016.80 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 19 1844911 Resale - Beer 27,595.79 03/14/2023 609-49750-425200 1844911 Resale - NA Beer 32.00 03/14/2023 609-49750-425400 1844911 Resale - Liq 247.50 03/14/2023 609-49750-425100 1844934 Resale - Beer 304.00 03/14/2023 609-49750-425200 1847018 Resale - Beer 4,652.85 03/14/2023 609-49750-425200 1847018 Resale - NA Beer 104.00 03/14/2023 609-49750-425400 1847067 Resale - Beer 216.40 03/14/2023 609-49750-425200 1848021 Resale - Liquid ice blue 224.00 03/14/2023 609-49750-425400 1848021 Resale - Liq 49.50 03/14/2023 609-49750-425100 1848021 Resale - Beer 16,320.71 03/14/2023 609-49750-425200 1851657 Resale - Beer 1,824.50 03/14/2023 609-49750-425200 1851657 Resale - NA Beer 95.45 03/14/2023 609-49750-425400 1851690 Resale - Beer credit -141.20 03/14/2023 609-49750-425200 1854211 Resale - Beer 19,855.90 03/14/2023 609-49750-425200 1854446 Resale - Beer 248.00 03/14/2023 609-49750-425200 1854751 Resale - Beer credit -66.00 03/14/2023 609-49750-425200 ACH Enabled: True ACH Enabled: False ACH Enabled: True ACH Enabled: True AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 5 Check Total: 71,563.40 Vendor: 5201 DICK FAMILY, INC. Check Sequence: 20 ACH Enabled: True 1582036 Resale - Beer 1,603.60 03/14/2023 609-49750-425200 1582036 Resale - NA Beer 50.80 03/14/2023 609-49750-425400 1582036 Resale- Liq 68.40 03/14/2023 609-49750-425100 1585016 Resale - Beer credit -14.58 03/14/2023 609-49750-425200 1585017 Resale - Beer 583.55 03/14/2023 609-49750-425200 2465000033 Resale - Beer credit -69.00 03/14/2023 609-49750-425200 Check Total: 2,222.77 Vendor: 6126 DREKKAR BREWING CO LLC Check Sequence: 21 ACH Enabled: False 15475 Resale- Beer 645.75 03/14/2023 609-49750-425200 Check Total: 645.75 Vendor: 1153 ECM PUBLISHERS INC Check Sequence: 22 ACH Enabled: True 934228 Advertising for Monti Glow 2023 75.00 03/14/2023 101-45204-421990 934775 202308 - PH 108 Thomas Cir Ad# 1294688 157.25 03/14/2023 101-41910-435100 934776 PH 2040 Vision Plan Amend Ad# 1294690 166.50 03/14/2023 101-41910-435100 934777 202309 - PH Monti Lakes PUD Ad# 1294691 148.00 03/14/2023 101-41910-435100 934778 202307 - PH Rice Zoning Ordinance Ad# 1294E 148.00 03/14/2023 101-41910-435100 935878 Ordinance #796 Ad# 1296459 177.25 03/14/2023 101-41910-435100 Check Total: 872.00 Vendor: 2154 FEDERATED CO-OPS INC Check Sequence: 23 ACH Enabled: True 1583013 (72.50) propane delivered - Parks 137.68 03/14/2023 101-45201-421990 Check Total: 137.68 Vendor: 2561 FERGUSON WATERWORKS Check Sequence: 24 ACH Enabled: False 0507951 5/8" x 3/4" Meters (72) for Change Outs & Stocl 20,916.63 03/14/2023 601-49440-422701 0507951 Resale - 5/8" x 3/4" Meters (72) 20,916.63 03/14/2023 601-49440-422710 Check Total: 41,833.26 Vendor: 1187 FORCE AMERICA INC Check Sequence: 25 ACH Enabled: False 001-1708037 Kit - 6100 - GENS - ARC - Wired 884.07 03/14/2023 101-43125-422100 001-1712185 Ford Pulley Adapter 202.29 03/14/2023 101-43120-422110 Check Total: 1,086.36 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 1413 GOPHER STATE ONE CALL INC Check Sequence: 26 ACH Enabled: True 3020608 Feb 2023 Tickets (51) - 1/2 Water 30.38 03/14/2023 601-49440-432770 3020608 Feb 2023 Tickets (51) - 1/2 Sewer 30.37 03/14/2023 602-49490-432770 Check Total: 60.75 Vendor: 1223 HAWKINS INC Check Sequence: 27 ACH Enabled: True 6407479 Pool chemicals 950.14 03/14/2023 701-00000-421600 Check Total: 950.14 Vendor: 5512 HYDROCORP HYDRO -DESIGNS, INC. Check Sequence: 28 ACH Enabled: True 0071118 -IN Corss Connection Control Program - Insp & Rpt 741.00 03/14/2023 601-49440-431990 Check Total: 741.00 Vendor: 3971 INTL UNION OF OPER ENGINEERS LOCAL Check Sequence: 29 ACH Enabled: False April 2023 Health Insurance - Union - April 2023 21,300.00 03/14/2023 101-00000-217061 Check Total: 21,300.00 Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. Check Sequence: 30 ACH Enabled: False 2241465 Resale - liq 328.00 03/14/2023 609-49750-425100 2241465 Freight 6.61 03/14/2023 609-49750-433300 2241466 Resale - Wine 2,212.88 03/14/2023 609-49750-425300 2241466 Freight 56.07 03/14/2023 609-49750-433300 2242161 Freight 41.25 03/14/2023 609-49750-433300 2242161 Resale - Liquor 2,257.50 03/14/2023 609-49750-425100 2242679 Freight 23.95 03/14/2023 609-49750-433300 2242679 Resale - Liq 1,653.23 03/14/2023 609-49750-425100 2242680 Resale - Wine 3,450.71 03/14/2023 609-49750-425300 2242680 Resale - Sweet & sour mix, simple syrup 95.95 03/14/2023 609-49750-425400 2242680 Freight 92.38 03/14/2023 609-49750-433300 2243742 Freight 55.25 03/14/2023 609-49750-433300 2243742 Resale - liq 5,413.29 03/14/2023 609-49750-425100 2243743 Resale - Ginger beer, NA spirits 120.30 03/14/2023 609-49750-425400 2243743 Freight 24.77 03/14/2023 609-49750-433300 2243743 Resale- Wine 813.69 03/14/2023 609-49750-425300 2246172 Resale - Liq 2,466.04 03/14/2023 609-49750-425100 2246172 Freight 52.79 03/14/2023 609-49750-433300 2246173 Freight 1.65 03/14/2023 609-49750-433300 2246173 Resale- Liq 232.70 03/14/2023 609-49750-425100 2246174 Freight 21.47 03/14/2023 609-49750-433300 2246174 Resale- wine 683.00 03/14/2023 609-49750-425300 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 2246437 Freight 33.00 03/14/2023 609-49750-433300 2246437 Resale - Liquor 1,802.40 03/14/2023 609-49750-425100 2246438 Resale- Wine 142.56 03/14/2023 609-49750-425300 2246438 Freight 4.95 03/14/2023 609-49750-433300 2247012 Resale - liq 3,311.69 03/14/2023 609-49750-425100 2247012 Freight 40.27 03/14/2023 609-49750-433300 2247013 Resale- Wine 3,575.75 03/14/2023 609-49750-425300 2247013 Freight 95.68 03/14/2023 609-49750-433300 2248355 Freight 5.78 03/14/2023 609-49750-433300 2248355 Resale - Wine 219.99 03/14/2023 609-49750-425300 2250484 Resale - Liquor 2,938.26 03/14/2023 609-49750-425100 2250484 Freight 34.10 03/14/2023 609-49750-433300 2250485 Freight 22.37 03/14/2023 609-49750-433300 2250485 Resale- Wine 1,000.11 03/14/2023 609-49750-425300 241499 Resale - liq credit -18.00 03/14/2023 609-49750-425100 241500 Resale - liq credit -19.52 03/14/2023 609-49750-425100 243084 Resale - wine -7.33 03/14/2023 609-49750-425300 Check Total: 33,285.54 Vendor: 5974 JOTL PROPERTIES, LLC Check Sequence: 31 ACH Enabled: False 78 Feb 2023 - 213 West Broadway Rent 1,500.00 03/14/2023 101-45204-441200 Check Total: 1,500.00 Vendor: 5444 JULIA KAROS Check Sequence: 32 ACH Enabled: True 4498 3/2021 Cleaning - Fire Dept 560.00 03/14/2023 701-00000-421990 Check Total: 560.00 Vendor: 1270 KENNEDY AND GRAVEN CHARTERED Check Sequence: 33 ACH Enabled: False MN190-00101 General EDA- Jan 2023 225.50 03/14/2023 213-46301-430400 MN190-00175 Moon Motors Warehouse Development - Jan 20: 50.00 03/14/2023 213-46301-430400 MN325-00040 Business Facade Grant Program - Jan 2023 574.00 03/14/2023 213-46301-430400 MN325-00048 Washburn POS Expansion Land Aquisition - Jan 140.00 03/14/2023 213-46301-430400 Check Total: 989.50 Vendor: 1273 KIWI KAI IMPORTS, INC. Check Sequence: 34 ACH Enabled: True 194191 Resale- Liquor 140.00 03/14/2023 609-49750-425100 194191 Resale- Wine 927.65 03/14/2023 609-49750-425300 194191 Freight 16.50 03/14/2023 609-49750-433300 194843 Resale - Wine 1,554.00 03/14/2023 609-49750-425300 194843 Freight 21.00 03/14/2023 609-49750-433300 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 8 Check Total: 2,659.15 Vendor: 2700 LAMAR COMPANIES Check Sequence: 35 ACH Enabled: False 114503339 Vinyl for billboard 10.6" x 36' 800.00 03/14/2023 609-49754-434990 Check Total: 800.00 Vendor: 3829 STEVE LANGANKI Check Sequence: 36 ACH Enabled: True 1823 Porta Toilet Rental - (1/24-2/20/23) 736.00 03/14/2023 101-45201-431901 Check Total: 736.00 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 37 ACH Enabled: True 357020 Resale - cigarettes, pineapple 1,158.21 03/14/2023 609-49750-425500 357020 Resale - tobacco, bloody mary mix, wine cork sc 220.24 03/14/2023 609-49750-425400 357798 Resale - cigarettes, pineapple 1,334.83 03/14/2023 609-49750-425500 357798 Resale - cigars, pop, marg salt, misc barware 347.44 03/14/2023 609-49750-425400 Check Total: 3,060.72 Vendor: 1306 MAIN STREET DESIGNS INC Check Sequence: 38 ACH Enabled: False 34107 3'x 5' US Flags (24) 827.22 03/14/2023 101-43120-421990 Check Total: 827.22 Vendor: 1726 MARCO TECHNOLOGIES Check Sequence: 39 ACH Enabled: True 495573529 2/24/23 - 3/24/23 - Contract Payment 1,544.06 03/14/2023 702-00000-431900 INV 10920547 2/22/23 - 3/21/23 - Contract Payment 3,517.41 03/14/2023 702-00000-431900 Check Total: 5,061.47 Vendor: 5736 MAVERICK WINE LLC Check Sequence: 40 ACH Enabled: True INV936774 Freight 1.50 03/14/2023 609-49750-433300 INV936774 Resale - Liquor 510.00 03/14/2023 609-49750-425100 INV936808 Resale - Liquor 792.00 03/14/2023 609-49750-425100 INV936808 freight 10.00 03/14/2023 609-49750-433300 Check Total: 1,313.50 Vendor: 1314 MCDOWALL COMPANY Check Sequence: 41 ACH Enabled: False 641040 Qtrly Maintenance Agreement #C0520 - 12/1/22 520.00 03/14/2023 701-00000-431900 Check Total: 520.00 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 2512 MONTICELLO PLBG HTG AC LLC Check Sequence: 42 ACH Enabled: False 26215 Matl's - Furnance/AC Unit @ Animal Shelter 10,300.00 03/14/2023 101-42700-440100 26215 Labor - Replace Fumance/AC Unit @ Animal S] 2,025.00 03/14/2023 101-42700-440100 Check Total: 12,325.00 Vendor: 5586 MOOSE LAKE BREWING CO. Check Sequence: 43 ACH Enabled: True 22123-006 Resale- Beer 240.00 03/14/2023 609-49750-425200 Check Total: 240.00 Vendor: 1913 NEW FRANCE WINE Check Sequence: 44 ACH Enabled: False 200748 Resale- Wine 420.00 03/14/2023 609-49750-425300 200748 Freight 9.00 03/14/2023 609-49750-433300 Check Total: 429.00 Vendor: 5998 SADIE NIELSEN Check Sequence: 45 ACH Enabled: False Jan/Feb 2023 Monti Arts Intern - Jan & Feb 2023 (41.5 hours) 830.00 03/14/2023 101-45204-431990 Check Total: 830.00 Vendor: 1401 NORTHWEST ASSOCIATED CONSULTANTS Check Sequence: 46 ACH Enabled: True 26210 Technical Assistance - City Projects - Feb 2023 6,004.50 03/14/2023 101-41910-431990 26211 202307 - General Rental Amendment - Feb 2023 133.70 03/14/2023 101-00000-220110 26211 202309 - Monti Lakes PUD Amendment - Feb 21 477.50 03/14/2023 101-00000-220110 26211 202308 - 108 Thomas Circle Mtg Prep - Feb 202 286.50 03/14/2023 101-00000-220110 26212 Technical Assistance - Meetings - Feb 2023 150.00 03/14/2023 101-41910-431990 Check Total: 7,052.20 Vendor: 5211 RANDI O'KEEFE KRIER Check Sequence: 47 ACH Enabled: True March 1st Semi Monthly Contract Payment 1,622.25 03/14/2023 101-42700-431200 Check Total: 1,622.25 Vendor: 1411 OLSON & SONS ELECTRIC INC Check Sequence: 48 ACH Enabled: True 20011 Capacitor 17.5uF 370V oval 24.06 03/14/2023 101-45201-422990 Check Total: 24.06 Vendor: 1417 OSC OXYGEN SERVICE COMPANY Check Sequence: 49 ACH Enabled: True 0003548015 Large Cylinder Rentals 30.72 03/14/2023 101-43127-421990 0003548436 Mthly cylinder rentals - 1 LG, 2 MED Parks 46.08 03/14/2023 101-45201-421990 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 10 Check Total: 76.80 Vendor: 4633 PERFORMANCE FOOD GROUP INC Check Sequence: 50 ACH Enabled: True 489947 Resale - concession food 916.49 03/14/2023 226-45125-425410 496310 Resale - concession food 933.98 03/14/2023 226-45125-425410 Check Total: 1,850.47 Vendor: 2783 PERMITWORKS LLC Check Sequence: 51 ACH Enabled: True 2023-0023 2023 Permit & Inspection Software Support Plar 1,495.00 03/14/2023 702-00000-431900 Check Total: 1,495.00 Vendor: 1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 52 ACH Enabled: False 6546763 Resale- Liq 549.20 03/14/2023 609-49750-425100 6546763 Freight 2.19 03/14/2023 609-49750-433300 6546764 Freight 4.95 03/14/2023 609-49750-433300 6546764 Resale- Wine 144.80 03/14/2023 609-49750-425300 6546764 Resale - Black cherry syrup 67.20 03/14/2023 609-49750-425400 6547522 Freight 3.30 03/14/2023 609-49750-433300 6547522 Resale- Liq 203.00 03/14/2023 609-49750-425100 6547523 Freight 46.19 03/14/2023 609-49750-433300 6547523 Resale - NA Wine 160.00 03/14/2023 609-49750-425400 6547523 Resale- Wine 1,425.10 03/14/2023 609-49750-425300 6548403 Freight 26.12 03/14/2023 609-49750-433300 6548403 Resale - Liq 2,364.58 03/14/2023 609-49750-425100 6548404 Freight 15.68 03/14/2023 609-49750-433300 6548404 Resale - Bloody mary mix 52.00 03/14/2023 609-49750-425400 6548404 Resale- Wine 547.45 03/14/2023 609-49750-425300 6550361 Freight 72.58 03/14/2023 609-49750-433300 6550361 Resale - Liq 4,508.38 03/14/2023 609-49750-425100 6550362 Freight 16.63 03/14/2023 609-49750-433300 6550362 Resale- Liq 82.50 03/14/2023 609-49750-425100 6550362 Resale - Margarita mix 122.00 03/14/2023 609-49750-425400 6550362 Resale- Wine 273.50 03/14/2023 609-49750-425300 6550827 Resale- Liq 903.45 03/14/2023 609-49750-425100 6550827 Freight 14.84 03/14/2023 609-49750-433300 6551882 Freight 8.26 03/14/2023 609-49750-433300 6551882 Resale- Liquor 588.80 03/14/2023 609-49750-425100 6551883 Resale- Liq 99.25 03/14/2023 609-49750-425100 6551883 Resale- Wine 1,168.95 03/14/2023 609-49750-425300 6551883 Freight 40.11 03/14/2023 609-49750-433300 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 691301 Resale - Wine credit -15.50 03/14/2023 609-49750-425300 692330 Resale- Wine 40.47 03/14/2023 609-49750-425300 692331 Resale- Wine -6.07 03/14/2023 609-49750-425300 Check Total: 13,529.91 Vendor: 5454 PROFESSIONAL CLEANING SERVICES LLC Check Sequence: 53 ACH Enabled: True 1180 Cleaning Services - Feb 2023 10,670.00 03/14/2023 701-00000-431100 Check Total: 10,670.00 Vendor: 5431 QUADIENT FINANCE USA INC Check Sequence: 54 ACH Enabled: False 3/3/2023 Postage DMV: Titles, Registrations etc. (6) 107.97 03/14/2023 653-41990-432200 3/3/2023 Postage Purchased 2/28/23 1,000.00 03/14/2023 101-00000-155010 Check Total: 1,107.97 Vendor: 4194 JENNIFER SCHREIBER Check Sequence: 55 ACH Enabled: True 3/7/2023 Mileage Reimbursement - Clerk Training (108 rr 70.74 03/14/2023 101-41410-433100 Check Total: 70.74 Vendor: 6186 SEYKORA GROUP INC Check Sequence: 56 ACH Enabled: False 3915 AquaPhalt Pot Hole Patch (36 pails) 1,608.46 03/14/2023 101-43120-422400 Check Total: 1,608.46 Vendor: 4148 SHERWIN WILLIAMS CO. #3442 Check Sequence: 57 ACH Enabled: False 1095-7 Paint for MCC office 47.36 03/14/2023 701-00000-421990 1096--5 Removal of paint recycle fee on inv 1095-7 -0.99 03/14/2023 701-00000-421990 Check Total: 46.37 Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS. Check Sequence: 58 ACH Enabled: False 2317033 Resale - Liquor 3,136.36 03/14/2023 609-49750-425100 2317033 Freight 30.33 03/14/2023 609-49750-433300 2317034 Freight 8.40 03/14/2023 609-49750-433300 2317034 Resale- Wine 520.00 03/14/2023 609-49750-425300 2319309 Resale- Liquor 798.09 03/14/2023 609-49750-425100 2319309 Freight 6.29 03/14/2023 609-49750-433300 2319310 Freight 8.40 03/14/2023 609-49750-433300 2319310 Resale- Wine 467.80 03/14/2023 609-49750-425300 Check Total: 4,975.67 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 5989 SP3,LLC Check Sequence: 59 ACH Enabled: True W-178896 Resale - Beer 351.65 03/14/2023 609-49750-425200 W-180137 Resale - Beer 87.50 03/14/2023 609-49750-425200 Check Total: 439.15 Vendor: 1937 CITY OF ST MICHAEL Check Sequence: 60 ACH Enabled: False 02082023-1 2022 SRU Training 641.00 03/14/2023 101-00000-222005 Check Total: 641.00 Vendor: 1710 ST. CLOUD OVERHEAD DOOR COMPANY Check Sequence: 61 ACH Enabled: False 8493 Temporary repair relays on Fire Dept door 601.25 03/14/2023 701-00000-440100 8682 Labor to replace relays; (1) 24V & (1) 230V rel: 518.50 03/14/2023 701-00000-440100 Check Total: 1,119.75 Vendor: 4832 TIFCO INDUSTRIES, INC. Check Sequence: 62 ACH Enabled: True 71844766 Binder chain assembly (2) 247.82 03/14/2023 101-45201-421990 71846052 Hook & pick set (2), Torque SD set (2), Inferno 1 335.15 03/14/2023 101-45201-421990 Check Total: 582.97 Vendor: 4656 TRUE FABRICATIONS, INC. Check Sequence: 63 ACH Enabled: False 1205831 Resale - cocktail cherries, olives, dill pickles 148.12 03/14/2023 609-49750-425500 1205831 Resale - bareware, mixes, syrup 483.32 03/14/2023 609-49750-425400 Check Total: 631.44 Vendor: 1532 TRUEMAN-WELTERS INC Check Sequence: 64 ACH Enabled: False IE28738 Battery Box Cover, Rear Mirror 318.00 03/14/2023 101-43120-422100 IE28919 Return Rear Minor, Mirror Assembly -85.50 03/14/2023 101-43120-422100 Check Total: 232.50 Vendor: 1537 UHL COMPANY INC Check Sequence: 65 ACH Enabled: True 69928 Pay App #1 AC Unit Replacement @ CH 8,248.75 03/14/2023 226-45126-440990 70487 Pay App #2 AC Unit Replacement @ CH 14,847.75 03/14/2023 226-45126-440990 Check Total: 23,096.50 Vendor: 3783 ULINE Check Sequence: 66 ACH Enabled: False 1 6023 633 1 Coffee, binder clips, toilet cleaner 205.03 03/14/2023 609-49754-421990 160466872 1 -gal all purpose clnr, Ics paper towels, 6 spray 1 117.67 03/14/2023 609-49754-421990 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 13 Check Total: 322.70 Vendor: 1544 US POSTAL SERVICE Check Sequence: 67 ACH Enabled: False 3/7/2023 PI 42 - UB March Billing (3865 pcs) (1/2) 991.38 03/14/2023 601-49440-432200 3/7/2023 PI 42 - UB March Billing (3865 pcs) (1/2) 991.37 03/14/2023 602-49490-432200 Check Total: 1,982.75 Vendor: 1550 VEOLIA WATER N AM OPERATING SERV L. Check Sequence: 68 ACH Enabled: True 9000082202 April 2023 - WWTP Operations & Maintenance 68,637.32 03/14/2023 602-49480-430800 Check Total: 68,637.32 Vendor: 1552 VIKING COCA COLA BOTTLING CO Check Sequence: 69 ACH Enabled: True 3131729 Resale - Club soda, pop, water, tonic 740.30 03/14/2023 609-49750-425400 Check Total: 740.30 Vendor: 1684 VINOCOPIA Check Sequence: 70 ACH Enabled: True 0324427 -IN Resale - Ginger beer 120.00 03/14/2023 609-49750-425400 0324427 -IN Resale- Wine 344.00 03/14/2023 609-49750-425300 0324427 -IN Freight 18.00 03/14/2023 609-49750-433300 0324803 -IN Resale- Wine 176.00 03/14/2023 609-49750-425300 0324803 -IN Resale - Liquor 967.50 03/14/2023 609-49750-425100 0324803 -IN Freight 16.50 03/14/2023 609-49750-433300 Check Total: 1,642.00 Vendor: 1561 WATER LABORATORIES INC Check Sequence: 71 ACH Enabled: True 9420 Water Testing - Feb 2023 216.00 03/14/2023 601-49440-431990 Check Total: 216.00 Vendor: 1567 WES OLSON ELECTRIC LLC Check Sequence: 72 ACH Enabled: True 11024 Labor - Relocate controls for backboards in Gyn 280.00 03/14/2023 701-00000-440100 11024 Parts - Conduit bx, gang cover, switches, wire, a 154.15 03/14/2023 701-00000-440100 11025 MCCENT - Labor - Remove Damaged Wires frc 85.00 03/14/2023 701-00000-440100 Check Total: 519.15 Vendor: 2041 WESTSIDE WHOLESALE TIRE & SUPPLY R Check Sequence: 73 ACH Enabled: False 921600 Hankook Tires, Steel Stem, Mount (2) 718.92 03/14/2023 101-43120-422110 921612 Hankook RF12 Tires & Balance (4) 1,179.48 03/14/2023 101-43120-422110 AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference The preceding list of bills payable was reviewed and approved for payment. Date: 3/13/2023 Approved By Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 14 Check Total: 1,898.40 Vendor: 1572 THE WINE COMPANY Check Sequence: 74 ACH Enabled: True 228794 Resale- Wine 1,056.00 03/14/2023 609-49750-425300 228794 Resale- Liquor 270.67 03/14/2023 609-49750-425100 228794 Freight 33.35 03/14/2023 609-49750-433300 229335 Resale- Liquor 501.00 03/14/2023 609-49750-425100 229335 Freight 15.00 03/14/2023 609-49750-433300 Check Total: 1,876.02 Vendor: 5027 ERICA WITZMANN Check Sequence: 75 ACH Enabled: False 03032023 Jan & Feb 2023 (photo & design) -21.50 Ins @ 430.00 03/14/2023 101-45204-431990 Check Total: 430.00 Vendor: 6187 WITZYWORKZ Check Sequence: 76 ACH Enabled: False 03032023 Drone video shoot- Glowfest Parade 300.00 03/14/2023 101-45204-431990 Check Total: 300.00 Vendor: 5635 WK & ASSOCIATES LLC Check Sequence: 77 ACH Enabled: True March Monthly Storage Rent (1/2) 362.50 03/14/2023 101-43120-443990 March Monthly Storage Rent (1/2) 362.50 03/14/2023 101-43125-443990 Check Total: 725.00 Total for Check Run: 473,121.38 Total of Number of Checks: 77 The preceding list of bills payable was reviewed and approved for payment. Date: 3/13/2023 Approved By Mayor Lloyd Hilgart AP -Computer Check Proof List by Vendor (03/08/2023 - 2:40 PM) Page 14 City Council Agenda: 3/27/2023 2B. Consideration of approving new hires and departures for City departments Prepared by: Meeting Date: Nx Consent Agenda Item Human Resources Manager 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve new hires and departures for city departments. REFERENCE AND BACKGROUND The Council is asked to ratify the attached list of new hires and departures for the City. This listing includes full-time, part-time, seasonal, and temporary employees. The listing may also include status changes and promotions. Budget Impact: Positions are generally included in the budget. II. Staff Workload Impact: If new position, there may be some training involved. If terminated position, existing staff will cover hours as needed, until replacement. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends approval of new hires and departures as identified on the attached list. SUPPORTING DATA • List of new hires and terminated employees. Name Rocco Vasoli Name Bud Schindele Title Lifeguard Reason Voluntary NEW EMPLOYEES Department Hire Date MCC 3/25/23 TERMINATING EMPLOYEES New Hire and Terms City Council 2023: 3/22/2023 Class PT Department Effective Date Class Parks 3/31/23 Seasonal City Council Agenda: 3/27/2023 2C. Consideration of approving the sale or disposal of surplus City property Prepared by: Meeting Date: ® Consent Agenda Item N/A 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A N/A There is no report this City Council Cycle. City Council Agenda: 3/27/2023 2D. Consideration of adopting Resolution 2023-24 accepting a donation of $1,000 from the Monticello Lions for iackets for the Fire Deoartment Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to adopt Resolution 2023-24 accepting the donation from the Monticello Lions. REFERENCE AND BACKGROUND The City Council is asked to approve a donation from the Monticello Lions in the amount of $1,000. The donation will be used to purchase jackets for the Fire Department. As required by State statute, if the City accepts the donation of funds, the City Council is required to adopt a resolution specifying the amount of the donation and its use. Budget Impact: The donation received will help offset the cost of the jackets. II. Staff Workload Impact: Minimal. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff recommends adopting Resolution 2023-24 accepting the donation. SUPPORTING DATA • Resolution 2023-24 CITY OF MONTICELLO RESOLUTION NO. 2023-24 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION/PURPOSE VALUE Monticello Lions Cash/Jackets — Fire Department $1,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the purpose stated above. Adopted by the City Council of Monticello this 27th day of March, 2023. Lloyd Hilgart, Mayor Jennifer Schreiber, City Clerk City Council Agenda: 3/27/2023 2E. Consideration of approving Resolution 2023-25 accepting a grant from the Minnesota State Arts Board in the amount of $30,000 for Creative Support Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Parks & Recreation Director City Administrator ACTION REQUESTED Motion to adopt Resolution 2023-25 accepting a $30,000 grant from the Minnesota State Arts Board. REFERENCE AND BACKGROUND As required by state statute, if the City accepts a grant, the City Council needs to adopt a resolution specifying the amount of the grant and its use. The grant for Creative Support is to be used primarily for MontiArts staffing. This grant was awarded at a critical time as MontiArts builds their team and is offering more programming. The grant allows flexibility to allow for planning projects and additional grant applications. STAFF RECOMMENDED ACTION City staff recommends approval of the resolution accepting the grant. SUPPORTING DATA • Resolution 2023-25 CITY OF MONTICELLO WRIGHT COUNCTY, MINNESOTA RESOLUTION NO. 2023-25 RESOLUTION ACCEPTING GRANT FUNDING FROM THE MINNESOTA STATE ARTS BOARD IN THE AMOUNT OF $30,000 WHEREAS, The City of Monticello was notified by the Minnesota State Arts Board that the City received a grant of $30,000 for Creative Support for MontiArts; and WHEREAS, there is no local match for the grant. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: That the City Council authorizes accepting grant funding of $30,000 from the Minnesota State Arts Board. Adopted by the Monticello City Council this 27th day of March, 2023. Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 3/27/2023 2F. Consideration of confirming the appointment of Councilmember Murdoff as the Council liaison to the Bertram Chain of Lakes Advisory Council and Councilmember Martie as the alternate member Prepared by: Meeting Date: ® Consent Agenda Item Parks & Recreation Director 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: City Clerk City Administrator ACTION REQUESTED Motion to reconfirm Council liaison appointment of Councilmember Murdoff and alternate member as Councilmember Martie. PREVIOUS COUNCIL ACTION March 13, 2023: City Council approved amendments to the Bertram Chain of Lakes Regional Park Joint Powers agreement which reduced City Council membership from two to one voting member. REFERENCE AND BACKGROUND The Bertram Chain of Lakes Regional Park is jointly owned by the City of Monticello and Wright County, with ownership and operations governed by a Joint Powers Agreement between the two entities. The changes to the JPA approved at the City Council meeting on March 13 reduced City Council voting members from two to one member. The requested action tonight adjusts the 2023 appointment of two council liaisons to a primary participant and an alternate. Budget Impact: N/A II. Staff Workload Impact: The Parks, Arts & Recreation Director will be responsible for attending meetings and providing action items. III. Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan includes a commitment to maintain and enhance a park and recreation system, both unilaterally and in partnership with Wright County at the Bertram Chain of Lakes Regional Park. STAFF RECOMMENDED ACTION Staff recommends confirming the appointment of Councilmember Murdoff. SUPPORTING DATA [Line= City Council Agenda: 3/27/2023 2G. Consideration of approving Resolution 2023-26 accepting a grant from the Minnesota Deaartment of Natural Resources in the amount of $30.000 for Emerald Ash Borer management Prepared by: Meeting Date: ® Consent Agenda Item City Clerk 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Parks & Recreation Director City Administrator Motion to adopt Resolution 2023-26 accepting a grant from the Minnesota DNR in the amount of $30,000 for Emerald Ash Borer management. REFERENCE AND BACKGROUND As required by state statute, if the City accepts a grant, the City Council needs to adopt a resolution specifying the amount of the grant and its use. After identifying Emerald Ash Borer (EAB) within the city limits in 2022, city staff have employed an EAB management plan to focused on both response and prevention. Also vital to ongoing efforts will be community outreach and education. Staff applied for the DNR grant to help fund a city-wide inventory of public trees, including those in the rights-of-way. The inventory will include tree size, species, condition, and location. Once the data is collected, staff can determine which trees should be given preventative treatment and which must be removed and replaced. The grant will also help the City conduct community engagement aimed at combating EAB on private property. STAFF RECOMMENDED ACTION City staff recommends approval of the resolution accepting the grant. SUPPORTING DATA • Resolution 2023-26 CITY OF MONTICELLO WRIGHT COUNCTY, MINNESOTA RESOLUTION NO. 2023-26 RESOLUTION ACCEPTING GRANT FUNDING FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT OF $30,000 WHEREAS, The City of Monticello was notified by the Minnesota DNR that the City received a grant of $30,000 for mitigation of Ember Ash Borer; and WHEREAS, there is a $10,000 match for the grant. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: That the City Council authorizes accepting grant funding of $30,000 from the Minnesota Department of Natural Resources. Adopted by the Monticello City Council this 27th day of March, 2023. Lloyd Hilgart, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 03/27/23 2H. Consideration to approve Ordinance No. 801 for Amendment to the Monticello Zoning Ordinance Related to Retail Rental Uses Including, but not Limited to Definition, Zoning Districts and Standards. Applicant: General Rental of Monticello Prepared by: Meeting Date: ® Consent Agenda Item Northwest Associated Consultants, 3/27/23 ❑ Regular Agenda Item Community Development Director Reviewed by: Approved by: Chief Building Official, Community and City Administrator Economic Development Coordinator ACTION REQUESTED Motion to approve Ordinance No. 801 for Amendment to the Monticello Zoning Ordinance Related to Retail Rental Uses, Section 153.012, Definitions, based on findings in Resolution No. PC -2023-07. Planning Commission unanimously recommends approval of the proposed ordinance. REFERENCE AND BACKGROUND Property: Legal Description: NA PID #: NA Planning Case Number: 2023-07 Request(s): Amendment to the Zoning Ordinance relating to rental goods in commercial zoning districts. Deadline for Decision: April 2, 2023 (60 -day deadline) June 1, 2023 (120 -day deadline) Project Description: The applicant is General Rental. The company rents and occasionally sells a variety of equipment to the public, as well as to commercial or industrial customers. At the current location at the corner of Chelsea Road and Highway 25, the property includes an area of indoor merchandise and outdoor display of mostly larger equipment. The applicant's business is seeking an expansion to better accommodate new and future business, which cannot be handled on site. One of the components of the business is the continued City Council Agenda: 03/27/23 rental of goods and materials. Under the current ordinance definitions, rental of goods is not accommodated under the present definitions. General Rental's existing location is therefore existing non -conforming. ANALYSIS: As noted above, due to the current definition for Retail Commercial Uses, rental of goods is not included as an allowable retail use. The only ordinance mention of commercial rental relates to Vehicle Sales and Rental, or rental of goods as an accessory Outdoor Sales use. Under the current ordinance, the applicant's existing commercial rental facility would be a legal non -conformity. It should also be noted that other businesses have, or do, provide rental services in the community now. The applicant has noted that due to business volume, the business needs additional space, but the current location cannot accommodate the necessary increase in size. To resolve this, the applicant is seeking occupancy of a nearby existing building, just south of the current location. Both sites are zoned B-3, Highway Business. To address the applicant's proposed expansion location (and to address the existing location in part), the applicant has requested an amendment to the text of the zoning ordinance adding the ability to provide rental services. Retail uses are currently permitted in the B-3 (Highway Business) District. Under the ordinance definition in place prior to 2011, the definition for Retail uses incorporated an allowance for rental of goods. The current ordinance defines Retail Commercial uses as follows: RETAIL COMMERCIAL USES (OTHER): A commercial land use where the establishment is primarily engaged in the sale of goods and materials to the general public, accepts payment or orders for, and delivers to the end user a good or service. Elements of the retail business include stock -in -trade held on the premises in the case of goods or provides a service to the end user on the premises. Retail businesses may arrange for delivery of a good rather than deliver the good concurrent with the transaction, or may accept payment or orders electronically in advance, for delivery of the good or service in person at a later date. Retail commercial uses do not include those business engaged primarily in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance establishes a City Council Agenda: 03/27/23 separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use. To address the applicant's request there are two potential paths for the City to consider. The preferred path would be to add a rental component to the retail commercial definition cited above. In this way, a retailer could choose to sell or rent its goods. In a general sense, there is no inherent difference between retail sales and retail rental. For indoor retail transactions, there would seem to be little distinction between sales or rental, provided the services are located indoors. Even if outdoor delivery were a component of the transaction such as goods are retrieved from the indoor location and carried out to the customer vehicle. This is already a growing component of many retail facilities already in place. As such, staff recommends an amendment to the Zoning Ordinance definition of Retail Commercial Uses, adding language as noted in redline below: RETAIL COMMERCIAL USES (OTHER): A commercial land use where the establishment is primarily engaged in the sale or rental of goods and materials to the general public, accepts payment or orders for, and delivers to the end user a good or service. Elements of the retail business include stock -in -trade held on the premises in the case of goods or provides a service to the end user on the premises. Retail businesses may arrange for delivery of a good rather than deliver the good concurrent with the transaction, or may accept payment or orders electronically in advance, for delivery of the good or service in person at a later date. Retail commercial uses do not include those business engaged primarily in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use. This use definition would be applicable as a permitted use in the B-3 and B-4 Districts, and no conditional use permit would be required. It is also further important to note that any outdoor sale or rental of goods is already regulated by the Accessory Use ordinances for Open Sales and Outdoor Sidewalk Sales and Display. Therefore, any allowance for outdoor rental of goods would be required to conform to the ordinance standards for that use in any district in which it is allowed. Open Sales as an accessory use currently includes rental of goods in its definition. This accessory use requires a Conditional Use Permit in the B-3 and B-4 Districts and is not allowed in the City's other commercial districts. City Council Agenda: 03/27/23 The applicant is not proposing any outdoor storage for this site. The applicant has indicated that by relocating the party facilities to the new site there would be no outdoor display of these items. The only outdoor activity would be the washing of used goods prior to re -storing them indoors at the new location. There would not appear to be any distinction in this aspect of the business, provided the washing of the goods does not constitute an outdoor display. Thus, if the activity is conducted away from the public right of way, no inconsistency with the zoning district, definition or intent is foreseen. The second path would be to create a new land use category specifically addressing rental of goods or equipment, adding that use to the B-3 District (and perhaps the B-4). Given there is little to no difference in the land use impacts between the sale or rental of goods, staff has not proposed an ordinance alternative for this option. 1. Budget Impact: The applicant has submitted the required fee for the application. For zoning text amendments, the review and preparation of the staff report and ordinance is the City's cost, which will be paid from the Miscellaneous Professional Services item of the Planning and Zoning budget. 2. Staff Workload Impact: Limited to review and preparation of the staff reports and meetings with the application estimated at 4-5 hours. 3. Comprehensive Plan Impact: The intent of the ordinance's amendment is to provide for necessary flexibility in retail activity as supported by the Monticello 2040's Goal for Successful Commercial Corridors, including "Strategy 3.5.2 - Broaden permitted land uses in commercial centers to adapt to changing commercial demand while activating these spaces." PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this item and held a public hearing on the request on March 7, 2023. There was no public present to address the Commission on this item. During their discussion, the Commission inquired whether other rental uses such as vehicle rental, would fall under the proposed ordinance allowance. Staff clarified Vehicles Sales & Rental Uses are a separate and distinct use and subject to ordinance requirements for that use. In addition, the existing definition for Retail Commercial Uses states the following: "Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use." In summary, this statement requires that where a distinct land use classification exists, the user must follow those zoning regulations. City Council Agenda: 03/27/23 Following discussion, the Planning Commission unanimously recommended approval of the ordinance amendment. STAFF RECOMMENDED ACTION Planning staff recommends approval of the proposed ordinance amendment. The rental of goods is a commercial retail activity. As noted, rental uses are common in certain retail sectors and virtually indistinguishable from a sales transaction for retail facilities. The proposed use would continue to meet the intent of the Comprehensive Plan, and the intent of the Zoning Ordinance in implementation of the Plan for commercial districts. SUPPORTING DATA A. Ordinance No. 801, Draft B. Resolution PC -2023-07 C. Applicant Narrative D. Aerial Site Reference Image E. Ordinance Excerpts ORDINANCE NO. 801 AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153, MONTICELLO ZONING ORDINANCE, SECTION 153.012 DEFINITIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. § 153.012 DEFINITIONS is hereby amended to read as follows: RETAIL COMMERCIAL USES (OTHER): A commercial land use where the establishment is primarily engaged in the sale or rental of goods and materials to the general public, accepts payment or orders for, and delivers to the end user a good or service. Elements of the retail business include stock -in -trade held on the premises in the case of goods or provides a service to the end user on the premises. Retail businesses may arrange for delivery of a good rather than deliver the good concurrent with the transaction, or may accept payment or orders electronically in advance, for delivery of the good or service in person at a later date. Retail commercial uses do not include those business engaged primarily in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use. SECTION 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, Title XV, Chapter 153, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. SECTION 3. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hal Lloyd Hilgart, Mayor ATTEST: Rachel Leonard, Administrator AYES: NAYS: Passed by the City Council of the City of _ County, Minnesota, this day of 12 ATTEST: , City Clerk 2 Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-07 RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING THE MONTICELLO CITY CODE CHAPTER 153, MONTICELLO ZONING ORDINANCE, SECTION 153.012 DEFINITIONS RELATED TO THE DEFINITION OF "RETAIL COMMERCIAL USES" WHEREAS, the applicant proposes to occupy and remodel a commercially -zoned property as a rental equipment business; and WHEREAS, the current zoning ordinance defines Retail Commercial Uses as those that relate to "sales" of goods; and WHEREAS, the rental of such goods is indistinguishable from sales when storage, delivery, and transactions occur primarily indoors; and WHEREAS, many existing retail establishments do currently, or have in the past, made both sales and rental of goods a part of their businesses; and WHEREAS, the sales of goods and/or the rental thereof create no unexpected impacts on land uses not otherwise expected and planned for in Business Districts where such activities are allowed; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The zoning amendment provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by accommodating the use of business property for either sales or rental transactions that are important for the local economy. 2. The proposed amendment makes no other changes to the nature of uses that would otherwise provide retail transactions to the general public. 3. The change in zoning language will continue to accommodate future retail growth and expansion, as envisioned by the City's economic development goals. 4. The change in language will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-07 5.. The business uses resulting from rental transactions, in addition to sales transactions, are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the zoning ordinance amendment to include rental uses in the relevant definition of Retail Commercial Uses. ADOPTED this 7t" day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION By: R Paul Konsor, Chair ATTEST: Angela Schur4W 4mmuAly Development Director 2 I, Michelle Rice am the current owner of the General Rental Center (GRC) of Monticello at 216 Sandberg Rd Monticello MN 55362. 1 lease the structure from Ron Chihos along with on offsite storage across Chelsea road. GRC has been in Monticello since 1978 and I purchased it in 2019. General Rental Center rents heavy machinery, small equipment and party supplies to homeowners and contractors. We have been fortunate enough to continue to grow the business in the community and want to expand to separate our Party and Equipment business. I am seeking to lease the space at 1201 Highway 25 S Monticello, MN to relocate our party business into it. This will not only allow us to grow our business but will also help with back ups in the small service drive that leads to other tenants that are in the area. We are upgrading our software to improve efficiencies at the same time and will place a sign in the front that's TBD but likely General Party Center so its simple to train our clients which building to go to. We will lease the showroom in the front of the building along with the warehouse as we sell retail items to go with our party items. Customers will check out their orders at the retail storefront and head to the warehouse for pick up. Handheld devices with our new upgrade will allow for faster return process with the clients as well. Hours of operation are seasonal but we typically operate between 7:30-5:30 in season and 9-3 in the off season. We are closed most Sundays and have shortened hours on Saturdays. We look forward to continuing to grow in the community, filling up a large empty storefront and helping to speed up the process at our other location with equipment helping the flow of traffic in the existing area that we work within. Thankyou Michelle Rice Google Earth Imagery date: 5/12. . . � �� ■ � � . y > . \ � , y 40m , Camera: 521 m 45-17'38"N 93'4K.. Active park facilities P P P P P P P § 153.091(D) (private) (1) Assisted living C I P C 1 C P § 153.091(D) facilities (2) Cemeteries C C C C C C C § 153.091(D) (3) C None Clinics/medical C P P services Essential P P P P P P P P P P P P P P P None services Hospitals C P P C § 153.091(D) (4) Nursing/ See § 153.091(D) convalescent C C C C C C C C C C P Table (5) home 5- 1A C None Passenger C C C terminal Passive parks and open P P P P P P P P P P P P P P P space § 153.091(D) Place of public C C C C CP C assembly (6) 153.091(D) Public buildings or C C C C C C C P C C P P C P P§ (7) uses Public § 153.091(D) warehousing I 1 1 (8) temporary C I I § 153.091(D) Schools, K-12 C C C C C (9) Schools, higher C education Utilities (major) C C C § 153.091(D) (10) TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P, _ Permitted "C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "P" = Permitted «C" _ Conditionally Permitted A R R R T R3 R4 M B B2 B3 B4 CCD I 11 I O A 1 2 N H 1 BC 2 "I" = Interim Permitted Commercial Uses Adult uses P P § 153.046(T) Auction house C § 153.091(E) (2) P P § 153.091(E) Auto repair - C C minor 1(3) Automotive wash P C § 153.091(E) facilities (4) Bed and C C C C C § 153.091(E) breakfasts (5) Brew pub P P § 153.091(E) (6) P P P None Business support P P services Commercial C P P § 153.091(E) lodging (7) P § 153.091(F) Commercial self- C storage See (3) P P P § 153.091(E) Communications/ P Table broadcasting 5- (8) Convenience C P P P 1A § 153.091(E) retail (9) § 153.091(E) Country clubC (10) P C § 153.091(E) Day care centersC C P (11) Entertainment/ recreation, P P C C C§ 153.091(E) indoor (12) commercial Entertainment/ recreation, CC C C § 153.091(E) outdoor (13) commercial Event centerLLHL C C C § T(15) 153.091(E)14) Financial I �F P C P § 153.091(E) institution TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "P„ _ Permitted «C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "7" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements Permitted „C„= Conditionally A R R R T R3 R4 M B B2 B3 B4 CCD 1 11 1 Permitted O A 1 2 N H 1 BC 2 "7” = Interim Permitted Commercial Uses Funeral P P § 153.091(E) services (16) Kennels C § 153.091(E) (commercial) (17) § 153.091(E) Landscaping/ nursery P (18) business Offices, commercial 153.091(E) and P P P P P P P§ (20) professional services Personal C P P P § 153.091(E) services (22) Production brewery or micro- p p § 153.091(F) distillery (12) without taproom See Production brewery or Table § 153.091(E) micro- C C 5 1A C C C (23) distillery with § 153.091(F) taproom or (13) cocktail room Recreational § 153.091(E) vehicle camp C (24) site Repair C P P P P§ 153.091(E) establishment (25) Restaurants C P P C § 153.091(E) (26) Retail commercial uses (other) P P P § 153.091(E) buildings less (27) than 10,000 sq. ft. Retail commercial § 153.091(E) uses (other) C P P (27) buildings over 10,000 sq. ft. TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P„ _ Permitted "C., _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types yp Base Zoning Districts Additional Requirements consumption as growlers. A production brewer may not have an ownership interest in a brewery licensed under Minnesota Statutes. PROFESSIONAL OFFICE - SERVICES. A commercial use involving administrative, clerical, or professional operations, and routinely including direct transactions or consultations with clients for such services. Such uses commonly include legal, financial, insurance, or real estate services, among others, but do not include retail sales of stock -in -trade goods. PUBLIC BUILDING OR USE. Any facility, including but not limited to buildings and property that are leased or otherwise operated or funded by a governmental body or public entity. PUBLIC WAREHOUSING. The indoor storage of equipment and/or materials by a government agency which may, or may not, be related to other principal uses on the same property. PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15, 15a, as it may be amended from time to time. REACH (IN RELATION TO FLOODPLAINS).A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. REAL ESTATE OFFICE/MOBILE SALES HOME. A dwelling temporarily used as a sales office for a residential development under construction for on-site sales. RECREATIONAL VEHICLE CAMP SITE. A lot or parcel of land occupied or intended for occupancy by recreational vehicles for travel, recreational, or vacation usage for short periods of stay subject to the provisions of this chapter. RECYCLING AND SALVAGE CENTER. A facility engaged solely in the storage, processing, resale, or reuse of recyclable and recovered materials. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. REPAIR ESTABLISHMENT. An establishment primarily engaged in the provision of repair services for TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office equipment; including tailor; locksmith; and upholsterer. RESTAURANT. An establishment where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises. Such a facility may include indoor and outdoor seating and/or drive through services. RETAIL COMMERCIAL USES (OTHER). A commercial land use where the establishment is primarily engaged in the sale of goods and materials to the general public, accepts payment or orders for, and delivers to the end user a good or service. Elements of the retail business include stock -in -trade held on the premises in the case of goods or provides a service to the end user on the premises. Retail businesses may arrange for delivery of a good rather than deliver the good concurrent with the transaction, or may accept payment or orders electronically in advance, for delivery of the good or service in person at a later date. Retail commercial uses do not include those business engaged primarily in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use. RETAIL SERVICE. A retail service establishment is a form of retail business that creates a product of value (either good or service) on site and delivers said good or service to the end user on site. Examples of retail services include businesses which fabricate and/or craft creative goods on site and both display and sell such goods to the end user at the retail location such as artist studios, bicycle shops, photography studios or similar uses. Where the Zoning Ordinance establishes a separate class of use for a specific business, such business shall be subject to the specific regulations applicable to such use. RIVER, AGRICULTURAL. Rivers that run through intensively cultivated areas, mainly in the southern and western area of Minnesota. RIVER, FORESTED. Rivers that are in forested, sparsely to moderately populated areas with some roads; typically found in northeast, southwest and north -central Minnesota RIVER, REMOTE. Rivers that are primarily in roadless, forested, sparsely populated areas in northeastern Minnesota. RIVER, TRANSITION. Rivers that are in a mixture of cultivated, pasture and forest lands. RIVER, TRIBUTARY. Rivers in the Protected Public Waters Inventory that are not classified by the DNR as an agricultural, forested, remote or transition river. ROOF. The exterior surface and its supporting structure on the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. City Council Agenda: 3/27/23 21. Consideration to approve Resolution 2023-27 and Resolution 2023-28 for Amendment to the Monticello 2040 Vision + Plan (Comprehensive Plan). Chapter 3. "Land Use. Growth and Orderly Annexation" re -guiding certain parcels from their existing Industrial designations to alternative Industrial and Employment categories and amending the text of the Plan to add flexibility for implementation of the Plan's goals and land use obiectives. Aaalicant: Citv of Monticello. Prepared by: Meeting Date: p Consent Agenda Item Northwest Associated 3/27/23 ❑ Regular Agenda Item Consultants/Community Development Director Reviewed by: Approved by: Chief Building and Zoning Official, City Administrator Economic Development Manager Decision 1: Amendment to the Monticello Comprehensive Plan — Monticello 2040 Vision + Plan Re -guiding Subject Properties from General Industrial to Light Industrial Park and Amending the Light Industrial Park Land Use Designation Text of The Monticello Comprehensive Plan - Monticello 2040 Vision + Plan 1. Motion to adopt Resolution No. 2023-27 approving Amendments to the Comprehensive Plan Land Use map and categories re -guiding certain properties from General Industrial to Light Industrial Park and amending the text of the Plan to add flexibility for implementation of the Plan's goals and land use objectives, based on findings in said resolution. Planning Commission recommends approval of the amendment to the Monticello 2040 Vision + Plan as noted. Decision 2: Amendment to the Monticello Comprehensive Plan — Monticello 2040 Vision + Plan Re -guiding Subject Properties from General Industrial to Regional Commercial 1. Motion to adopt Resolution No. 2023-28 approving Amendments to the Comprehensive Plan Land Use map and categories re -guiding certain properties from General Industrial to Regional Commercial for implementation of the Plan's goals and land use objectives, based on findings in said resolution. Planning Commission recommends approval of the amendment to the Monticello 2040 Vision + Plan as noted. City Council Agenda: 3/27/23 REFERENCE AND BACKGROUND Property: Legal Description: Multiple Properties PID #: Multiple Properties Planning Case Number: 2023-10 Request(s): See attached aerial image Deadline for Decision: NA Land Use Designation: General Industrial Zoning Designation: 1-1 (Light Industrial) and B-4 (Regional Commercial) Districts Overlays/Environmental Regulations Applicable: NA Current Site Uses: Vacant Building Surrounding Land Uses: North: 1-94 East: Office South: Office -Industrial West: School Bus Storage Project Description: The current land use map in the Monticello Comprehensive Plan designates a large area of the City's industrial development for General Industrial, which per Comprehensive Plan text, refers to the 1-2 (Heavy Industrial) District as the companion zoning designation. Consistent with the City's goals for economic development, including tax base and employment in industrial districts, only a portion of this industrial area is intended to be utilized for heavy industrial uses. As such, this General Industrial designation appears to be an error in the original Monticello 2040 Vision + Plan land use map adoption. As such, the City is seeking amendments to the 2040 Plan to re -guide much of this area to be consistent with current and/or revised zoning. The City Council called for a public hearing to be held by the Planning Commission on this item. City Council Agenda: 3/27/23 ANALYSIS: This report addresses land use designations in the Monticello 2040 Vision + Plan for a specific subject area of the community located east of State Trunk Highway 25 and south of Interstate 94. Land use designations are established by the City's adopted comprehensive plan, the Monticello 2040 Vision + Plan. Zoning districts are established through the City's adopted zoning ordinance and Official Zoning map. Land use designations provide the broad guidance and goals for growth and development for the city and its growth area, while the zoning ordinance provides the more specific and detailed regulatory standards intended to support the use and development of land with the Comprehensive Plan's goals. In reviewing a request to establish a commercial daycare facility in a vacant building at 108 Thomas Park Circle, City staff identified an issue relating to the Monticello 2040 Vision + Plan's adopted land use guidance for the subject area. The parcels within the area of Thomas Park Drive, and those north of Chelsea Road extending to the east of Fallon Avenue are nearly all currently zoned 1-1 (Light Industrial) District. However, the area is guided by the Comprehensive Plan for General Industrial land uses. But for a small handful of parcels (two owned by the City, including the Fire Department building, and a few commercial properties), the entire area from 1-94 south through the Oakwood Industrial Park is guided as General Industrial. The Monticello 2040 Plan's text cites that the General Industrial designation is intended to correlate to the 1-2 or Heavy Industrial zoning districts and its allowed uses, such as those that need separation from residential or commercial uses. The text of the 2040 Plan indicates that these areas may have the potential to generate off-site impacts including noise, odors, vibration and truck traffic and that buffering, screening and landscape treatments may be required to enhance public rights-of-way and ensure land use compatibility. The 1-2 (Heavy Industrial) zoning district's permitted and conditional uses are therefore aligned with these types of land uses. Despite the General Industrial land use designation, only the parcels south of Chelsea Road are zoned 1-2, which is the zoning designation that the Comprehensive Plan identifies as being associated with the General Industrial category. Because the subject area proposed for re -guidance is predominately zoned 1-1 (Light Industrial) District and consists of a mix of interior industrial and office spaces not often considered as "heavy industrial" uses, and because much of the area abuts the freeway or other lands designated for commercial uses, staff believes that the appropriate land use designation for this City Council Agenda: 3/27/23 area is Light Industrial Park or Employment Campus. These two land use classifications better align with the types of uses and the surrounding land uses in the area. In addition, the 1-1 (Light Industrial) District zoning designation is inconsistent with the General Industrial comprehensive plan designation's correlating zoning districts, which only lists the 1-2 district. Amending the 2040 Land Use plan to correct this discrepancy would clarify the City's land use goals, as well as the treatment of individual land use permitting in the area. Moreover, it would better coordinate the future land use with the reality of the district — both its existing use pattern and the neighboring land use pattern that serves as context. Within the subject area proposed for re -guidance, there are also a few commercially -zoned parcels. Those commercial parcels are used as an existing daycare site (located on the south side of Thomas Park Drive), and an office building at the southeast corner of Chelsea and Fallon Avenue. The City Council resolutions reflect three issues: 1. Recommend approval of an amendment to the Monticello 2040 Land Use Map to re - guide the majority of parcels noted along Thomas Park Drive and east of Fallon Avenue to Light Industrial Park (LIP) consistent with their current 1-1 (Light Industrial) District zoning. a. In the alternative, the City Council could make a motion to re -guide a portion of the properties along the freeway in the vicinity of Thomas Park Drive to Employment Campus and re -guiding those parcels along the north side of Chelsea and east side of Fallon as Light Industrial Park. 2. Amend the Monticello 2040 Land Use text of the Light Industrial Park (LIP) land use designation to allow correlating zoning districts for both 1-1 (Light Industrial) and IBC (Industrial Business Campus) Districts. This expanded allowance to include IBC zoning provides the flexibility for the City to consider both light industrial uses, as well as a limited number of commercial uses which are compatible with and/or support industrial uses. The amendment also considers the area's proximity to other commercial uses and rights of way, providing for both appropriate transition uses and taking advantage of the city's freeway frontage. In this way, the City is able to determine on a case-by-case basis the precise implementation tool (that is, the zoning district and its regulations) that best meet the intent of the Comprehensive Plan for that area or site. 3. Recommend approval of an amendment to the Monticello 2040 Land Use Map to re - guide two parcels within the subject area to Regional Commercial consistent with their City Council Agenda: 3/27/23 current B-4 (Regional Commercial) zoning. These are PIDs 155131001010 and 155018001011, as shown on Exhibit Z. Budget Impact: The cost for the review of the land use guidance for the subject area will be covered by the Miscellaneous Professional Services line item of the Planning and Zoning budget. II. Staff Workload Impact: Staff and consultant time for the review of these items and preparation of staff report and materials is estimated at 10 hours. III. Comprehensive Plan Impact: The staff report discusses the Monticello 2040 Plan intent and the purpose of the proposed amendments in relationship to the Plan's goals. Specifically, staff believe the proposed re -guidance aligns with the intent of the Monticello 2040 Plan's goals for economic development, specifically guiding areas for continuation and creation of living wage jobs and increased tax base. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing on the proposed amendments to the Monticello 2040 Vision + Plan during the regular meeting on March 7, 2023. The Commission held significant discussion on the proposed amendments. The Commission's discussion first clarified the distinction between what the parcels are currently guided and what the parcels are currently zoned. Staff confirmed that the businesses in these areas are already zoned 1-1, Light Industrial and as such, the Light Industrial Park land use designation is in alignment with their zoning and with the Monticello 2040's statements relating to employment and tax base creation. The Commission then discussed whether the parcels east of Fallon and near the intersection with Chelsea should retain the current General Industrial classification given the current users. The Commission indicated that the 2040 Plan should provide some additional flexibility within and among the land use designations, while still recognizing that industrial land uses may have specific and distinct land use impacts which require some distinction in their land use designation, similar to zoning. The Commission requested a workshop to review each of the industrial land use designations, the correlating zoning districts and the allowable uses within each. The Commission indicated their support for re -guiding the parcels currently used and zoned as commercial consistent with those uses as Regional Commercial. There was no public present to address the Planning Commission on the requests. City Council Agenda: 3/27/23 Following the discussion, the Commission indicated their understanding of the staff recommendation to guide the parcels consistent with their zoning. The Commission voted to recommend both proposed amendments to the Comprehensive Plan unanimously. STAFF RECOMMENDED ACTION Planning staff recommends amendments to the Comprehensive Plan Land Use Map, re -guiding areas north of Chelsea Road and east of Fallon Avenue between Chelsea and Dundas from General Industrial to Light Industrial Park, and modification of the Light Industrial Park Comprehensive Plan text to add the IBC (Industrial Business Campus) District as an eligible zoning designation to its list of paired districts. This recommendation for amendment also incorporates a Community Commercial designation for the two parcels already zoned for commercial uses. Staff's recommendation is based on a finding that the proposed amendments achieve the following: • Corrects what staff believe to be an error in the adopted 2040 Land Use Map. • Creates alignment between existing zoning and land use designations. • Supports the City's Monticello 2040 Vision + Plan land use goals for business and employment areas, increasing opportunity for site utilization and providing for appropriate land uses along the 1-92 freeway frontage. SUPPORTING DATA A. Resolution 2023-27 B. Resolution 2023-28 C. Resolution PC -2023-09 D. Resolution PC -2023-10 E. Aerial Image F. Light Industrial Park—Proposed Parcels G. Regional Commercial — Proposed Parcels H. Excerpts, Monticello 2040 vision + Plan I. Monticello Official Zoning Map Monticello Zoning Ordinance, Excerpts CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-27 ADOPTING AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN REGUIDING SUBJECT PROPERTIES FROM GENERAL INDUSTRIAL TO LIGHT INDUSTRIAL PARK AND AMENDING THE LIGHT INDUSTRIAL PARK LAND USE DESIGNATION TEXT OF THE MONTICELLO COMPREHENSIVE PLAN - MONTICELLO 2040 VISION + PLAN WHEREAS, within the Monticello 2040 Vison + Plan, the city's adopted comprehensive plan, the land use guidance for the subject parcels listed in Exhibit A is General Industrial; and WHEREAS, the General Industrial land use category is not supported by either the existing land uses, nor the existing zoning pattern and district; and WHEREAS, the subject parcels are situated in such a way that the appropriate land uses for the parcels, given surrounding conditions, freeway visibility, and other factors is directly aligned with the Monticello 2040 Vison + Plan's Light Industrial Park (LIP) land use designation; and WHEREAS, reguiding the subject property to Light Industrial Park implements the intent and goals of the Comprehensive Plan; and WHEREAS, in concert with the reguidance of the subject parcels, the Light Industrial Park designation should be expanded to include the IBC (Industrial Business Park) District zoning to further the City's land use goals for industrial districts; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the City Council has considered all of the comments and the staff report and the recommendation of the Planning Commission, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: The change in land use category will continue to accommodate future and surrounding industrial use and development, as envisioned by the City's industrial and economic development goals. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-27 2. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 3. The industrial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Monticello City Council approves the amendment to the Monticello 2040 Vision + Plan's land use map on the subject parcels to Light Industrial Park (LIP), and to amend the text of the Monticello 2030 Vision + Plan to include the addition of IBC (Industrial Business Park) District as a correlating zoning district. ADOPTED this 27th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. ATTEST: Rachel Leonard, City Administrator MONTICELLO CITY COUNCIL JIM 2 Lloyd Hilgart, Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-27 EXHIBIT A - SUBJECT PARCELS REGUIDANCE FROM GENERAL INDUSTRIAL TO LIGHT INDSUTRIAL PARK 1. PID: 155-038-001060 Legal: Lot 6, Block 1, Thomas Park Address: 112 Thomas Park Circle, Monticello, MN 55362 2. PID: 155-038-001070 Legal: Lot 7, Block 1, Thomas Park Address: 114 Thomas Circle, Monticello, MN 55362 3. PID: 155-038-001080 Legal: Lot 8, Block 1, Thomas Park Address: 111 Thomas Park Drive, Monticello, MN 55362 4. PID: 155-038-001090 Legal: Lot 9, Block 1, Thomas Park Address: 113 Thomas Park Drive, Monticello, MN 55362 5. PID: 155-038-001100 Legal: Lot 10, Block 1, Thomas Park, except that part Lying East of the West 20.99 feet of said Lot 10. Address: 113 Thomas Park Drive, Monticello, MN 55362 6. PID: 155-038-001101 Legal: Lot 10, Block 1, Thomas Park, lying East of the West 20.99 feet of said Lot 10. Address: 115 Thomas Park Drive, Monticello, MN 55362. 7. PID: 155-038-001110 Legal: Lot 11, Block 1, Thomas Park Address: No Address 8. PID: 155-015-056000 Legal: Block 56, Lower Monticello, lying Easterly of Thomas Park Address: No Address 9. PID: 155-018-010021 Legal: North Half of Lot 2, Block 1, Oakwood Industrial Park Address: 119 Oakwood Drive East, Monticello, MN 55362 10. PID: 155-018-001031 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-27 Legal: North Half of Lot 3, Block 1, Oakwood Industrial Park Address: 114 Thomas Park Drive, Monticello, MN 55362 11. PID: 155-018-001030 Legal: Lot 3, Block 1, Oakwood Industrial Park, except the North Half of said Lot 3. Address: 113 Chelsea Road, Monticello, MN 55362 12. PID: 155-018-001041 Legal: Lot 4, Block 1, Oakwood Industrial Park Address: 201 Chelsea Road, Monticello, MN 55362 13. PID: 155-018-001050 Legal: Lot 5, Block 1, Oakwood Industrial Park Address: 203 Chelsea Road, Monticello, MN 55362 14. PID: 155-066-001010 Legal: Lot 1, Block 1, Remmele Addition Address: 213 Chelsea Road, Monticello, MN 55362 15. PID: 155-075-001010 Legal: Lot 1, Block 1, Barger Addition Address: 301 Chelsea Road, Monticello, MN 55362 16. PID: 155-085-001010 Legal: Lot 1, Block 1, Monticello Commerce Center 2nd Addition Address: 307 Chelsea Road, Monticello, MN 55362 17. PID: 155-131-001020 Legal: Lot 2, Block 1, Monticello Commerce Center 5t" Addition Address: No Address 18. PID: 155-131-001030 Legal: Lot 3, Block 1, Monticello Commerce Center 5t" Addition Address: 9696 Fallon Avenue NE, Monticello, MN 55362 19. PID: 155-092-002010 Legal: Lot 1, Block 2, Monticello Commerce Center 3rd Addition Address: 9668 Fallon Avenue NE, Monticello, MN 55362 20. PID: 155-092-001010 Legal: Lot 1, Block 1, Monticello Commerce Center Address: 9600 Fallon Avenue NE, Monticello, MN 55362 21. PID: 155-081-001010 C! CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-27 Legal: Lot 1, Block 1, Monticello Commerce Center 1" Addition Address: 9530 Fallon Avenue NE, Monticello, MN 55362 5 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-28 ADOPTING AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN — MONTICELLO 2040 VISION + PLAN REGUIDING SUBJECT PROPERTIES FROM GENERAL INDUSTRIAL TO REGIONAL COMMERCIAL WHEREAS, within the Monticello 2040 Vison + Plan, the city's adopted comprehensive plan, the land use guidance for the subject parcels listed in Exhibit A is General Industrial; and WHEREAS, the General Industrial land use category is not supported by either the existing land uses, nor the existing zoning pattern and district; and WHEREAS, the subject parcels are situated in such a way that the appropriate land uses for the parcels, given surrounding conditions, freeway visibility, and other factors is directly aligned with the Monticello 2040 Vison + Plan's Regional Commercial land use designation; and WHEREAS, reguiding the subject property to Regional Commercial implements the intent and goals of the Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the City Council has considered all of the comments and the staff report and the recommendation of the Planning Commission, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The change in land use category will continue to accommodate existing and future regional commercial land use and development, as envisioned by the City's land use and economic development goals. 2. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 3. The commercial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-28 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the City Council hereby recommends that the Monticello City Council approves the amendment to the Monticello 2040 Vision + Plan's land use map on the subject parcels to Regional Commercial (RC). ADOPTED this 27th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. ATTEST: Rachel Leonard, City Administrator MONTICELLO CITY COUNCIL Z 2 Lloyd Hilgart, Mayor CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-28 EXHIBIT A - SUBJECT PARCELS REGUIDANCE FROM GENERAL INDUSTRIAL TO REGIONAL COMMERCIAL 1. PID: 155-018-001011 Legal: All that part of Lot 1, Block 1, Oakwood Industrial Park, lying northerly of a line distant 300.79 feet southerly of, as measured at a right angle to and parallel with the north line thereof Address: 102 Thomas Park Drive, Monticello, MN 55362 2. PID: 155-131-001010 Legal: Lot 1, Block 1, Monticello Commerce Center 51h Addition Address: 9766 Fallon Avenue NE, Monticello, MN 55362 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-09 RECOMMENDING ADOPTION OF AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN REGUIDING SUBJECT PROPERTIES FROM GENERAL INDUSTRIAL TO LIGHT INDUSTRIAL PARK AND AMENDING THE LIGHT INDUSTRIAL PARK LAND USE DESIGNATION TEXT OF THE MONTICELLO COMPREHENSIVE PLAN - MONTICELLO 2040 VISION + PLAN WHEREAS, within the Monticello 2040 Vison + Plan, the city's adopted comprehensive plan, the land use guidance for the subject parcels listed in Exhibit A is General Industrial; and WHEREAS, the General Industrial land use category is not supported by either the existing land uses, nor the existing zoning pattern and district; and WHEREAS, the subject parcels are situated in such a way that the appropriate land uses for the parcels, given surrounding conditions, freeway visibility, and other factors is directly aligned with the Monticello 2040 Vison + Plan's Light Industrial Park (LIP) land use designation; and WHEREAS, reguiding the subject property to Light Industrial Park implements the intent and goals of the Comprehensive Plan; and WHEREAS, in concert with the reguidance of the subject parcels, the Light Industrial Park designation should be expanded to include the IBC (Industrial Business Park) District zoning to further the City's land use goals for industrial districts; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The change in land use category will continue to accommodate future and surrounding industrial use and development, as envisioned by the City's industrial and economic development goals. 2. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-09 3. The industrial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the amendment to the Monticello 2040 Vision + Plan's land use map on the subject parcels to Light Industrial Park (LIP), and to amend the text of the Monticello 2030 Vision + Plan to include the addition of IBC (Industrial Business Park) District as a correlating zoning district. ADOPTED this 7th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION B { Y� , Paul KO) nsor, Chair ATTEST: Angela Schum�nrt/Corjhmunity Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-09 EXHIBIT A - SUBJECT PARCELS REGUIDANCE FROM GENERAL INDUSTRIAL TO LIGHT INDSUTRIAL PARK 1. PID: 155-038-001060 Legal: Lot 6, Block 1, Thomas Park Address: 112 Thomas Park Circle, Monticello, MN 55362 2. PID: 155-038-001070 Legal: Lot 7, Block 1, Thomas Park Address: 114 Thomas Circle, Monticello, MN 55362 3. PID: 155-038-001080 Legal: Lot 8, Block 1, Thomas Park Address: 111 Thomas Park Drive, Monticello, MN 55362 4. PID: 155-038-001090 Legal: Lot 9, Block 1, Thomas Park Address: 113 Thomas Park Drive, Monticello, MN 55362 5. PID: 155-038-001100 Legal: Lot 10, Block 1, Thomas Park, except that part Lying East of the West 20.99 feet of said Lot 10. Address: 113 Thomas Park Drive, Monticello, MN 55362 6. PID: 155-038-001101 Legal: Lot 10, Block 1, Thomas Park, lying East of the West 20.99 feet of said Lot 10. Address: 115 Thomas Park Drive, Monticello, MN 55362. 7. PID: 155-038-001110 Legal: Lot 11, Block 1, Thomas Park Address: No Address 8. PID: 155-015-056000 Legal: Block 56, Lower Monticello, lying Easterly of Thomas Park Address: No Address 9. PID: 155-018-010021 Legal: North Half of Lot 2, Block 1, Oakwood Industrial Park Address: 119 Oakwood Drive East, Monticello, MN 55362 10. PID: 155-018-001031 Legal: North Half of Lot 3, Block 1, Oakwood Industrial Park Address: 114 Thomas Park Drive, Monticello, MN 55362 I CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-09 11. PID: 155-018-001030 Legal: Lot 3, Block 1, Oakwood Industrial Park, except the North Half of said Lot 3. Address: 113 Chelsea Road, Monticello, MN 55362 12. PID: 155-018-001041 Legal: Lot 4, Block 1, Oakwood Industrial Park Address: 201 Chelsea Road, Monticello, MN 55362 13. PID: 155-018-001050 Legal: Lot 5, Block 1, Oakwood Industrial Park Address: 203 Chelsea Road, Monticello, MN 55362 14. PID: 155-066-001010 Legal: Lot 1, Block 1, Remmele Addition Address: 213 Chelsea Road, Monticello, MN 55362 15. PID: 155-075-001010 Legal: Lot 1, Block 1, Barger Addition Address: 301 Chelsea Road, Monticello, MN 55362 16. PID: 155-085-001010 Legal: Lot 1, Block 1, Monticello Commerce Center 2nd Addition Address: 307 Chelsea Road, Monticello, MN 55362 17. PID: 155-131-001020 Legal: Lot 2, Block 1, Monticello Commerce Center 5t" Addition Address: No Address 18. PID: 155-131-001030 Legal: Lot 3, Block 1, Monticello Commerce Center 5t" Addition Address: 9696 Fallon Avenue NE, Monticello, MN 55362 19. PID: 155-092-002010 Legal: Lot 1, Block 2, Monticello Commerce Center 3rd Addition Address: 9668 Fallon Avenue NE, Monticello, MN 55362 20. PID: 155-092-001010 Legal: Lot 1, Block 1, Monticello Commerce Center Address: 9600 Fallon Avenue NE, Monticello, MN 55362 21. PID: 155-081-001010 Legal: Lot 1, Block 1, Monticello Commerce Center 1" Addition Address: 9530 Fallon Avenue NE, Monticello, MN 55362 11 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-10 RECOMMENDING ADOPTION OF AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN — MONTICELLO 2040 VISION + PLAN REGUIDING SUBJECT PROPERTIES FROM GENERAL INDUSTRIAL TO REGIONAL COMMERCIAL WHEREAS, within the Monticello 2040 Vison + Plan, the city's adopted comprehensive plan, the land use guidance for the subject parcels listed in Exhibit A is General Industrial; and WHEREAS, the General Industrial land use category is not supported by either the existing land uses, nor the existing zoning pattern and district; and WHEREAS, the subject parcels are situated in such a way that the appropriate land uses for the parcels, given surrounding conditions, freeway visibility, and other factors is directly aligned with the Monticello 2040 Vison + Plan's Regional Commercial land use designation; and WHEREAS, reguiding the subject property to Regional Commercial implements the intent and goals of the Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The change in land use category will continue to accommodate existing and future regional commercial land use and development, as envisioned by the City's land use and economic development goals. 2. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 3. The commercial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-10 Council approves the amendment to the Monticello 2040 Vision + Plan's land use map on the subject parcels to Regional Commercial (RC). ADOPTED this 7t" day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION 4 By: Paul Konsor, Chair ATTEST: Angela Schukn)lnUommunity Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-10 EXHIBIT A - SUBJECT PARCELS REGUIDANCE FROM GENERAL INDUSTRIAL TO REGIONAL COMMERCIAL 1. PID: 155-018-001011 Legal: All that part of Lot 1, Block 1, Oakwood Industrial Park, lying northerly of a line distant 300.79 feet southerly of, as measured at a right angle to and parallel with the north line thereof Address: 102 Thomas Park Drive, Monticello, MN 55362 2. PID: 155-131-001010 Legal: Lot 1, Block 1, Monticello Commerce Center 5t" Addition Address: 9766 Fallon Avenue NE, Monticello, MN 55362 3 Light Industrial Park - Proposed Parcels L___; City Boundary 1 in = 665 Ft 0 Parcels N CITY OF A �1 Monticello March 2, 2023 Map Powered By Datafi WS%, 1 w ❑ i fir. ir I/ 1 s•s2 H aytp �r 2 - • � 1•g� :yus _ � - _ i� 94 r 'r - .. - .. GhElSea Rd .. — _ .. •C;llr ti r�i R d - - -- RIJ r ►r 7 PE G66i se _ re Dundas Rd Dun Rd II. Tom IIS — aytp �r 2 - • � 1•g� :yus _ � - _ i� 94 r 'r - .. - .. GhElSea Rd .. — _ .. •C;llr ti r�i R d - - -- RIJ r ►r 7 PE G66i se _ re Dundas Rd Dun Rd i I CHAPTER 3: ND USE .. GROWTH AND ORDERLYANNEXATFON 47 FUTURE LAND USE MAP EMPLOYMENT AND INDUSTRIAL DESIGNATIONS Monticello currently contains approximately 194 acres of land used for industrial and employment purposes. The industrial land in Monticello is generally located in the Otter Creek Business Park, along Chelsea Road between Edmonson Avenue and Fenning Avenue, and the Cargill complex in downtown. The Future Land Use Map includes approximately 1,729 acres of industrial and employment designated land to promote a strong industrial business sector represented by increased jobs and tax revenue generated for Monticello. The goals for developing workforce and tax base are found in the Economic Development Chapter of this plan. Three designations classify industrial and employment generating uses. Light Industrial Park This designation encourages the broadest range of industrial related land uses, including warehousing and distribution. Three large areas of the City are designated as Light Industrial Park. This includes Otter Creek Business Park and parcels located directly to the north on Chelsea Road. Two large portions of the MOAA have also been designated as such, including portions of the Northwest Study Area and a large area just south of the city boundary on the east side of Highway 25. The planning objective for expanding the amount of industrially designated land is to increase the number and types of industrial and employment generating businesses in Monticello. General Industrial The General Industrial designation applies to areas centered along Chelsea and Dundas Roads. These areas include uses that may require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, outdoor storage or parking of commercial service vehicles. Cargill's facility adjacent to the Downtown is also designated as General Industrial. Employment Campus An Employment Campus designation applies to areas of Monticello where a high concentration of jobs is desired. The design character of these areas includes site and building design elements that incorporate landscaping, screening, and building treatments that promote a high-quality visual environment. Open spaces and smaller commercial uses or restaurants may be intermixed to serve the employment base. Other permitted employment uses may include advanced manufacturing, research and development, technology and communications, and professional and corporate office uses. TABLE 3.4: FUTURE LAND USE EMPLOYMENT AND INDUSTRIAL ACREAGES Source: Cargill Kitchen Solutions Inc. Source: WGI Industries MONTICELLO 2040 VISION + PLAN 61 Commercial Designations Downtown Mixed -Use 4 Community Commercial fi Regional Commercial Commercial and Residential Flex 70 Industrial Designations Light Employment Industrial General Campus Park Industrial ■ Other Designations Public and Institutional Xcel Monticello Nuclear Generating Plant 1 sum (9 Commercial Commercial Commercial Commercial Employment Industrial Industrial Public Uses Nuclear Power �bZBZ�Z Cornerstone Cub Cafe and Target NA Foods Catering Co. MONTICELLO 2040 VISION + PLAN Otter Creek NA Polaris Crossing BZW Monticello Great River Xcel Regional Energy Library EMPLOYMENT CAMPUS (EC) This designation primarily applies to areas used for research and development, medical laboratories, advanced manufacturing, green technology, renewable energy, computer technology, professional and corporate offices and industrial engineering facilities. Some commercial uses such as restaurants and hotels are also allowed. Characteristics such as noise, vibration and odor do not occur or do not generate significant impacts. Hazardous materials handling and storage may also occur but must be stored indoors or screened from the public right-of-way. The Employment Campus designation is characterized by a campus -like environment of one and two-story buildings on large parcels. It also provides a high level of amenities including pedestrian connections and architectural and landscape treatment that maintain high standards of visual quality in a campus like environment. Employment Research and Development Advanced Manufacturing Green Technology Renewable Resources • Professional and Corporate Offices • Industrial Engineering Facilities Commercial • Restaurant • Convenience Retail • Corporate Hotel Recreational • Plaza • Public Space Primary Mode Vehicular with access to collectors and arterials �i Transit or shuttle service Secondary Mode Pedestrian -friendly streetscape Bicycle facilities and parking • Floor Area Ratio (FAR) 0.50 to 0.75 • Height - Up to 6 stories • Lot Area - N/A ♦� 2018 Correlating Zoning District IBC Business Campus District 80 t((� LAND USE, GROWTH AND ORDERLY ANNEXATION LIGHT INDUSTRIAL PARK (LIP) The Light Industrial designation accommodates uses such as process and production manufacturing which uses moderate amounts of partially processed materials, warehousing and distribution, research and development, medical laboratories, machine shops, computer technology, professional and corporate offices and industrial engineering facilities. Characteristics such as noise, vibration and odor do not occur or do not generate significant impacts. Hazardous materials handling and storage may also occur but must be stored indoors or screened from the public right-of-way. Activities such as the handling of hazardous materials and outdoor storage are limited. Industrial • Warehousing and Distribution • Manufacturing • Research and Development • Medical Laboratories • Computer Technology • Professional and Corporate Offices Commercial • Office • Service -based Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.50 to 0.75 • Height - Up to 4 stories • Lot Area - N/A ♦\ 2018 Correlating J Zoning District 1-1 Light Industrial District MONTICELLO 2040 VISION + PLAN 81 Primary Mode Vehicular with access to collectors and arterials F� Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.50 to 0.75 • Height - Up to 4 stories • Lot Area - N/A ♦\ 2018 Correlating J Zoning District 1-1 Light Industrial District MONTICELLO 2040 VISION + PLAN 81 GENERAL INDUSTRIAL (GIS This designation includes manufacturing, wholesale trade, production brewing, corporation and contracting yards and other industrial uses that may need separation from residential or commercial uses. This designation also accommodates a variety of local -serving industrial uses which are generally oriented toward local businesses and residents. These include auto repair and servicing, machine shops, artisan, crafts, woodworking and metallurgy, construction and contracting, equipment and vehicle rental, small warehouse and delivery operations, self -storage facilities, small wholesalers, and other small-scale industrial operations. A limited number of offices, commercial uses, and production and assembly uses also occur within these areas. These areas may have the potential to generate off-site impacts including noise, odors, vibration and truck traffic. Buffering, screening and landscape treatments may be required to enhance public rights-of-way and ensure land use compatibility. Industrial • Light Manufacturing • Small warehouse and delivery operations • Recycling Facilities • Production Brewing • Construction and Contracting Yards Commercial • Accessory Uses • Office -AM ■■ LOT PATTERN Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.50 to 0.75 • Height - Up to 2 stories • Lot Area - N/A '♦1 2018 Correlating J Zoning District 1-2 Heavy Industrial District 82 (« LAND USE, GROWTH AND ORDERLY ANNEXATION Primary Mode Vehicular with access to collectors and arterials 1F Transit or shuttle service Secondary Mode Shared bike/ pedestrian facilities • Floor Area Ratio (FAR) 0.50 to 0.75 • Height - Up to 2 stories • Lot Area - N/A '♦1 2018 Correlating J Zoning District 1-2 Heavy Industrial District 82 (« LAND USE, GROWTH AND ORDERLY ANNEXATION § 153.090 USE TABLE. (A) Explanation of use table structure. (1) Organization of Table 5-1. Table 5-1 organizes all principal uses by use classifications and use types. (a) Use classifications. The use classifications are: agricultural uses; residential uses; civic and institutional uses; office use; commercial uses; and industrial uses. The use classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The use classifications then organize land uses and activities into specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. (b) Use types. The specific use types identify the specific uses that are considered to fall within characteristics identified in the use classifications. For example; detached dwellings, parks and recreational areas, and schools are "use types" in the Single-family Residence District. (2) Symbols used in Table 5-1 (a) Permitted Uses= P. A "P" indicates that a use is permitted by right, subject to compliance with all other applicable provisions of this chapter. Uses may be subject to special regulations as referenced in the "additional requirements" column. (b) Conditionally Permitted Uses = C. A "C" indicates that a use is permitted provided the city can establish conditions necessary to ensure the use is compatible to the proposed location and surrounding properties. Inability of the city to establish conditions to adequately control anticipated impacts is justification for denial of a conditionally permitted use. Conditional uses may also be subject to special regulations as referenced in the "additional requirements" column. (c) Interim Permitted Uses= /.An "I" indicates that a use maybe permitted for a brief period of time provided certain conditions are met, and a specific event or date can be established for discontinuance of the use. Inability of the city to establish conditions to adequately control anticipated impacts is justification for denial of an interim permitted use. Interim permitted uses may also be subject to special regulations as referenced in the "additional requirements" column. (d) Prohibited Uses = Shaded cel/s.A shaded cell indicates that the listed use is prohibited in the respective base zoning district. (e) Uses not provided for within zoning districts. In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the Community Development Department shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. If no comparable use determination can be made, the use will be considered prohibited in which case an amendment to the ordinance text would be required to clarify if, where and how a proposed use could be established. TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P„ _ Permitted "C., _ Conditionally A R R R T M B I I I Permitted O A 1 2 N R3 R4 H 1 B2 B3 64 CCD BC 1 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P„ _ Permitted «C„ _ Conditionally A R R R T M B I I I Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 1 2 "I" = Interim Permitted Agricultural Uses § 153.091(B) Agriculture P P P P P P P P P P P P P P P (1) Agricultural P § 153.091(B) Sales (2) Community P P P P P P P P P❑ § 153.091(B) Gardens () § 153.091(B) Stables CE❑ (4) Residential Uses § 153.091(C) (1) Attached Dwelling Types § 153.091(C)(2)(a ) Duplex P C § 153.091(C) See (2)(b ) Townhouse C PEIE E Table § 153.091(C) 5- 1A (2)(c ) Multiple- C P C C § 153.091(C) family (2)(d ) None Detached P P P P P P Dwelling Group residential P P P P P § 153.091(C) facility, single- (3) family Group residential C C C § 153.091(C) facility, multi- (3) family § 153.091(C) Mobile and manufactured C C C P C (4) home park TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "P„ _ Permitted «C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "Pyl Permitted „C„= Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "7” = Interim Permitted Civic and Institutional Uses Active park facilities P P P P P P P P P P P P P P P None (public) Active park facilities P P P P P P P § 153.091(D) (private) (1) Assisted living C I P C 1 C P § 153.091(D) facilities (2) Cemeteries C C C C C C C § 153.091(D) (3) C None Clinics/medical C P P services Essential P P P P P P P P P P P P P P P None services Hospitals C P P C § 153.091(D) (4) Nursing/ See § 153.091(D) convalescent C C C C C C C C C C P Table (5) home 5- 1A C None Passenger C C C terminal Passive parks and open P P P P P P P P P P P P P P P space § 153.091(D) Place of public C C C C CP C assembly (6) 153.091(D) Public buildings or C C C C C C C P C C P P C P P§ (7) uses Public § 153.091(D) warehousing I 1 1 (8) temporary C I I § 153.091(D) Schools, K-12 C C C C C (9) Schools, higher C education Utilities (major) C C C § 153.091(D) (10) TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P, _ Permitted "C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "P" = Permitted «C" _ Conditionally Permitted A R R R T R3 R4 M B B2 B3 B4 CCD I 11 I O A 1 2 N H 1 BC 2 "I" = Interim Permitted Commercial Uses Adult uses P P § 153.046(T) Auction house C § 153.091(E) (2) P P § 153.091(E) Auto repair - C C minor 1(3) Automotive wash P C § 153.091(E) facilities (4) Bed and C C C C C § 153.091(E) breakfasts (5) Brew pub P P § 153.091(E) (6) P P P None Business support P P services Commercial C P P § 153.091(E) lodging (7) P § 153.091(F) Commercial self- C storage See (3) P P P § 153.091(E) Communications/ P Table broadcasting 5- (8) Convenience C P P P 1A § 153.091(E) retail (9) § 153.091(E) Country clubC (10) P C § 153.091(E) Day care centersC C P (11) Entertainment/ recreation, P P C C C§ 153.091(E) indoor (12) commercial Entertainment/ recreation, CC C C § 153.091(E) outdoor (13) commercial Event centerLLHL C C C § T(15) 153.091(E)14) Financial I �F P C P § 153.091(E) institution TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements "P„ _ Permitted «C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "7" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements Permitted „C„= Conditionally A R R R T R3 R4 M B B2 B3 B4 CCD 1 11 1 Permitted O A 1 2 N H 1 BC 2 "7” = Interim Permitted Commercial Uses Funeral P P § 153.091(E) services (16) Kennels C § 153.091(E) (commercial) (17) § 153.091(E) Landscaping/ nursery P (18) business Offices, commercial 153.091(E) and P P P P P P P§ (20) professional services Personal C P P P § 153.091(E) services (22) Production brewery or micro- p p § 153.091(F) distillery (12) without taproom See Production brewery or Table § 153.091(E) micro- C C 5 1A C C C (23) distillery with § 153.091(F) taproom or (13) cocktail room Recreational § 153.091(E) vehicle camp C (24) site Repair C P P P P§ 153.091(E) establishment (25) Restaurants C P P C § 153.091(E) (26) Retail commercial uses (other) P P P § 153.091(E) buildings less (27) than 10,000 sq. ft. Retail commercial § 153.091(E) uses (other) C P P (27) buildings over 10,000 sq. ft. TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements «P„ _ Permitted "C., _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types yp Base Zoning Districts Additional Requirements Permitted "C„ _ Conditionally A R R R T R3 R4 M B B2 B3 B4 CCD 1 11 1 Permitted O A 1 2 N H 1 BC 2 "I" = Interim Permitted Commercial Uses Retail service in the Pointes P P P P § 153.048 at Cedar Specialty § 153.091(E) eating U C P P P (28) establishments I § 153.091(E) Vehicle fuel LIED 1C C C sales (29) § 153.091(E) Vehicle sales C and rental (30) Veterinary C § 153.091(E) facilities (rural) (31) § 153.091(E) Veterinary facilities C C C (31) (neighborhood) P P P None Wholesale EFLLL11 sales See Industrial Uses Auto repair -§ C P P 153.091(F) major Table 5- (1 ) Bulk fuel sales C § 153.091(F) and storage 1A (2) Contractor's § 153.091(F) yard, I I I (4) temporary I I § 153.091(F) Extraction of minerals (5) §) 53.091 (F) General��❑ warehousing C P P 6 §) 53.091 (F) Heavy���❑ manufacturing C 7 Industrial ��❑ C P None services § 153.091 (F) Industrial self- storage C C (8) facilities Land C C C C C C C C C C C C C C C§ 153.091(F) reclamation (9) TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Requirements „P„ _ Permitted „C„ _ Conditionally A R R R T M B 1 1 Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 "I" = Interim Permitted TABLE 5-1: USES BY DISTRICT Use Types Base Zoning Districts Additional Riverfront (A) Broadway (B) Requirements «P„ _ General Notes Permitted Cedar (C) CCD Retail, Office, Entertainment «C„ _ supported large Housing, Use and open supported by by space supported Types space, entertainment; Conditionally A R R R T supported by housing 2nd M B retail and I retail I Permitted O A 1 2 N R3 R4 H 1 B2 B3 B4 CCD BC 11 2 walnut & "7" = Interim General Notes Cedar (C) (D) CCD Office, PermittedLLL Entertainment Retail, large Housing, and open Retail supported space supported Use Types space, supported by Industrial Uses Light by limited supported by entertainment; housing users, retail and retail housing 2nd and P PP § 153.091(F) manufacturing services retail service Additional use requirements applicable per § 153.091 Uses: Residential Uses Single- family (10) Machinery/truck CUP *Upper floors only Multi 3 du or P* CUP* § 153.091(F) repair and *Upper under floors only *Townhous C (11) sales es on Townhouse CUP CUP* CUP P Broadway See Recycling and only C § 153.091(F) salvage center Table 5- 1A (14) Truck or freight C § 153.091(F) 1(15) terminal Waste disposal C § 153.091(F) and incineration (16) Wrecker andP LCI § 153.091(F) towing services ---L (17) TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA Riverfront (A) Broadway (B) walnut & pine (D) General Notes Cedar (C) CCD Retail, Office, Entertainment Retail, supported large Housing, Use and open supported by by space supported Types space, entertainment; housing retail by limited supported by housing 2nd and users, retail and retail and retail services services service TABLE 5-1A: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA Riverfront (A) Broadway (B) walnut & Pine General Notes Cedar (C) (D) CCD Office, Entertainment Retail, large Housing, and open Retail supported space supported Use Types space, supported by by retail by limited supported by entertainment; housing users, retail and retail housing 2nd and and services services retail service Additional use requirements applicable per § 153.091 Uses: Residential Uses Single- family P* CUP *Upper floors only Multi 3 du or P* CUP* P *Upper under floors only *Townhous es on Townhouse CUP CUP* CUP P Broadway east of Pine only Multi 4-12 du CUP CUP CUP CUP Multi 13+ du CUP CUP CUP CUP CUP *Allowed on ground floor for Ground floor CUP* P P townhouses on Broadway east of Pine Commercial Brew Pub P P P P <10,000 sq. ft. Brew Pub CUP P CUP P >10,000 sq. ft. Commercial CUP CUP P Day Care Commercial P CUP CUP P Lodging Uses: Commercial Entertainme nt/Recreation, Indoor CUP* CUP* CUP* CUP <10,000 sq. Commercial ft. only (including theaters) Entertainme nt/Recreation Outdoor Commercial Subject to § Event centers CUP CUP CUP CUP CUP 153.091(F) (14 ) Funeral CUP services Personal P P P P CUP services Places of public CUP CUP CUP CUP CUP assembly Production brewery/ P P P P taproom Micro - distillery/ P P P P cocktail room Professional Upper office — CUP* P P P P floors sere and preferred retail CUP* - not P/CUP* on P/CUP* Upper Commercial allowed on ground on P floors office ground floor floor ground preferred floor Financial P P P P Drive thru by CUP Restaurants, bars <10,000 P P P P CUP sq. ft. Restaurants, bars > 10,000 CUP P CUP P CUP sq. ft. Retail Sales <10,000 sq. ft. P P P P P Retail Sales CUP CUP CUP P CUP >10,000 sq. ft. Retail with CUP P P P P service Specialty Eating P P P P CUP Establishments <10,000 sq. ft. Vehicle fuel CUP sales Veterinary No outdoor facilities < CUP CUP CUP CUP 10,000 sq. ft. I I I I uses I Industrial Uses Industrial PUD PUD Only PUD Only Civic and Institutional Uses Clinics/ medical CUP CUP P P services Public buildings or P CUP P CUP CUP uses (incl. public parks) Schools Pre- CUP CUP CUP K-12 TABLE 544 THE POINTES AT CEDAR DISTRICT (PCD) See § 153.048 (Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022) City Council Agenda: 3/27/2023 21. Consideration to adopt Resolution 2023-29 approving an Amendment to the Monticello 2040 Vision + Plan (Comprehensive Plan). Chapter 3. "Land Use. Growth and Orderly Annexation" as related to Future Land Use Designations and Map; and Consideration to approve Ordinance No. 803 for Rezonine 108 Thomas Circle from I Light Industrial District to Industrial Business Campus (IBC) District. Applicant: Darrin Tuve Prepared by: Meeting Date: ® Consent Agenda Item Northwest Associated Consultants, 3/27/2023 ❑ Regular Agenda Item Community Development Director Reviewed by: Approved by: Economic Development Manager City Administrator Decision 1: Re -guiding 108 Thomas Park Circle to Light Industrial Park (LIP) Motion to adopt Resolution No. 2023-29 approving an Amendment to the Monticello 2040 Vision + Plan (Comprehensive Plan), Chapter 3, "Land Use, Growth and Orderly Annexation" as related to Future Land Use Designations and Map, re -guiding the subject site to Light Industrial Park, based on findings in said resolution. Planning Commission recommends approval of the amendment to Comprehensive Plan. Decision 2: Rezoning 108 Thomas Park Circle to Industrial Business Campus (IBC) Motion to adopt Ordinance No 803, rezoning 108 Thomas Circle from 1-1, Light Industrial District to Industrial Business Campus (IBC), based on findings in Resolution No. PC -2023-012. Planning Commission recommends approval of the rezoning for the subject site. REFERENCE AND BACKGROUND Provide background information about why the item is being brought forward. Property: Legal Description: Lot 5, Block 1, Thomas Park PID #: 155038001050 Planning Case Number: 2023-08 Request(s): 1. Amendment to the Monticello Comprehensive Plan to re -guide the land use designation on the subject property from General Industrial to a category supporting the use of the property for childcare center. City Council Agenda: 3/27/2023 2. Amendment to the Zoning Map to rezone the subject parcel from 1-1 to IBC to establish a zoning district on the subject property supporting the use of the property for childcare center. Deadline for Decision: April 7, 2023 (60 -day deadline) June 6, 2023 (120 -day deadline) Land Use Designation: General Industrial Zoning Designation: 1-1, Light Industrial Overlays/Environmental Regulations Applicable: NA Current Site Uses: Vacant Building Surrounding Land Uses: North: 1-94 East: Office South: Light Industrial/Office West: School Bus Storage Project Description: The applicant seeks amendments to the Comprehensive Plan and Zoning District maps and language to allow the use of the building and subject property as a childcare center. The current zoning limits childcare facilities as accessory uses to larger industrial operations under the 1-1 zoning district. In addition, the current land use designation directs the property to heavy industrial zoning. Modification of these designations would be required to accommodate the use on the property as a principal use, under the proposed Industrial Business Campus (IBC) zoning. ANALYSIS: Discussion about this issue began with the request to establish a commercial daycare facility in a vacant building at 108 Thomas Park Circle. The site is zoned 1-1 (Light Industrial) District, as are nearly all of the properties around Thomas Park, and those north of Chelsea Road extending to the east past Fallon Avenue. The area is guided by the Comprehensive Plan as General Industrial. But for a small handful of parcels (two owned by the City, including the Fire Department building, and a few commercial properties), the entire area from 1-94 south through the Oakwood Industrial Park is currently guided in General Industrial. Despite this land use designation, only the parcels south of Chelsea City Council Agenda: 3/27/2023 Road are zoned 1-2, which is the zoning designation that the Comprehensive Plan identifies as being associated with the General Industrial category. North of Chelsea, the primary zoning is the 1-1 Light Industrial designation as noted above, with a few commercially -zoned parcels. Those commercial parcels include the two City properties, and an existing daycare site on Thomas Park Drive, just a short block south of the subject property. Other uses in the area include a variety of office uses, a portion of the bus sales and bus service business and storage, and a self -storage facility, among other uses. The 108 Thomas Park Circle parcel in question gains its access from the Thomas Park Circle cul- de-sac, and abuts 1-94 on its rear property line, as do other parcels in the district. To accommodate a commercial day care facility in this location, the City needs to consider an amendment to its zoning regulations. As currently written, the 1-1 District allows day care by Conditional Use Permit, but only as an ancillary use to another industrial principal use. The limitation is as follows: (d) In addition to items (a) through (c) above, day care centers in the I-1 district, shall adhere to the following additional requirements: (i) Only be allowed as a secondary combination use which complements a primary business; (ii) Only be conducted in the principal building, and not exceed 20% of the total principal building square footage; (iii) Be physically separated from the other activities occurring in the principal building; (iv) Not have a dedicated entrance (other than emergency exits) from the exterior of the principal building; (v) Not have dedicated off-street parking or signage. Day care uses are currently allowed in the IBC (Industrial Business Campus) zoning district as a permitted use, and in the City's Business zoning districts. The limitations above apply specifically to the 1-1 zoning district. They appear to have been designed to accommodate day care for Industrial users that provide day care as an employment benefit on-site, but not available to other non-employee day care customers. In many ways, a commercial day care use in the proposed location appears to be an appropriate land use. It is in proximity to major employment generators, where day care is a significant need. It has freeway exposure which is valuable to such ventures. Staff believes that the use should be accommodated — it is the interrelated web of zoning district, zoning standards, and land use categories that require some sort of amendment. City Council Agenda: 3/27/2023 In researching the City's response to the request at 108 Thomas Park Circle, a review of the current land use and zoning patterns was undertaken. As noted in the staff report for Item 21 of this agenda, the land use and zoning designations do not match what the Comprehensive Plan envisions. Under the current structure, the 1-1 (Light Industrial) District is intended to be associated with the Light Industrial Park (LIP) land use designation. In this case, the 1-1 zoning dominates the area, but the guide plan calls for General Industrial, and therefore the 1-2 designation. As discussed in the companion City -initiated amendments to the Comprehensive Plan and Zoning regulations, staff believes that the land use and zoning patterns flowing from the prior Comprehensive Plan update project were incorrectly assigned. Rather than the General Industrial designation applied to the area (and the mismatched 1-1 zoning), the Plan should have identified the area as Light Industrial Park, or even Employment Campus. The former would have supported the 1-1 zoning that now exists —the latter would support the IBC zoning sought by the applicant. However, with the amendments as proposed in the City -initiated item, The Light Industrial Park (LIP) could also logically include a correlation to the IBC (Industrial Business Park) zoning district. Resolving the conflict on this particular site implicates a larger area, for reasons that include both the avoidance of a "spot -zoning" land use decision, but also because land use patterns should reflect the neighborhood in which they are located. The IBC zoning is viewed by staff as the appropriate zoning designation for this site, given the mix of office uses in the area, and exposure of many of the parcels to freeway visibility — an aspect of the IBC district that is intended to create a higher -finish presentation to passing traffic. As discussed in the City's application, the staff recommendation is to re -guide the site (and the area) from the current General Industrial land use category to the designation that pairs with the IBC zoning — Light Industrial Park (LIP), and amend the Comprehensive Plan text for this category to add IBC to the current 1-1 zoning as an option for the land use implementation. Alternatively, the City could elect to guide portions of the area as Employment Campus (EC). Depending on the land use plan option chosen, both could lead to the IBC designation for the property in question, resulting in day care center as a permitted use of the existing building and site. Budget Impact: The applicant has provided an application fee and escrow which will cover the review fees and noticed associated with the application. 11. Staff Workload Impact: Including preparation of the report, ordinance and resolution, staff time is estimated at 4-5 hours. III. Comprehensive Plan Impact: As discussed throughout the report and in specific in the Implementation chapter of the 2040 Plan, staff believes the proposed guidance and City Council Agenda: 3/27/2023 zoning support the City's Monticello 2040 objectives relating to providing employment opportunities and the services which support employees and employers, such as childcare. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed and held a public hearing on the requests during their regular meeting on March 7, 2023. During the hearing, the property owner's representative, Dean Williamson of Frauenshuh, was present to address the Commission's questions. The Commission had previously considered a related item immediately prior for the re -guiding of parcels in the vicinity of the subject site. Given the prior discussion, the Commission indicated a clear understanding of the rationale for the re -guiding and rezoning proposed. The Commission clarified that the proposed use is considered childcare and not education. Staff confirmed that the ordinance defines education as K-12 programs. This specific type of use, given the ages served, fits within the childcare definition. The Commission also indicated their strong support for the development and continuation of child care options in the community and stated that the proposed building and use seem suited to that purpose. Following discussion, the Commission voted unanimously for both requests, re -guiding the site to Light Industrial Park and rezoning the site to Industrial Business Campus (IBD). STAFF RECOMMENDED ACTION As noted, staff believes that the childcare use on this site is an appropriate use for its own purposes, as well as in support of other land uses in the immediate area that will benefit from this business use nearby. Staff therefore recommends approval of the rezoning to IBC from its current 1-1 district. The IBC best reflects the combination of factors that this site presents, which is a combined office -industrial land use pattern, with high freeway exposure, and very limited outdoor or heavy industrial activities. Depending on the City's decision related to the land use designation, staff further recommends amendment to the Comprehensive Plan as examined in the companion City -initiated amendment for the surrounding area. The option of re -guiding the area, including the subject parcel to Light Industrial Park and adding the IBC to the Light Industrial Park text as a related zoning district would also accommodate the proposed childcare use. The alternative amendment to Employment Campus designation relates directly to the IBC (Industrial Business Campus) use. The decision for the City would be which land use category best reflects the long- term direction for the area overall. City Council Agenda: 3/27/2023 SUPPORTING DATA A. Resolution 2023-29 B. Ordinance No. 803, Rezoning C. Resolution PC -2023-011, Comprehensive Plan Amendment D. Resolution PC -2023-012, Rezoning E. Aerial Site Image F. Applicant Narrative G. Except, Monticello 2040 Vision + Plan H. Rural Childcare Status Report, 2021 I. First Children's Finance Presentation, Excerpt CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-29 ADOPTING AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN REGUIDING THE SUBJECT PROPERTY GENERAL INDUSTRIAL TO LIGHT INDUSTRIAL PARK Lot 5, Block 1, Thomas Park PID: 155-038-001050 WHEREAS, the applicant proposes to occupy and remodel the existing property for Day Care (child care) use; and WHEREAS, the property is currently zoned 1-1 (Light Industrial) District, in which district Day Care (childcare) is allowed only in limited size as an accessory use; and WHEREAS, the site is guided for General Industrial uses in the City's Comprehensive Plan; and WHEREAS, the site is located in a district accommodates a variety of office and light industrial uses; and WHEREAS, the General Industrial land use category is not supported by either the existing land use, nor the existing zoning pattern; and WHEREAS, the subject property is situated in such a way that Day Care (childcare) is an appropriate land use for the site, given surrounding conditions, parcel site, freeway visibility, and other factors; and WHEREAS, the City's IBC District provides both an industrial use base, and the opportunity for Day Acre (childcare) uses on separate, but nearby, parcels; and WHEREAS, reguiding the subject property to Light Industrial Park, or a similar category that correlates to the IBC Zoning District implements the intent of the Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the City Council has considered all of the comments and the staff report and the recommendation of the Planning Commission, which are incorporated by reference into the resolution; and CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-29 WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The land use plan amendment provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by accommodating the demand for child care services in proximity to major employment generators. 2. The proposed use on the site under the IBC Zoning District would be consistent with the needs of the development in this location and the adjoining surrounding industrial uses. 3. The change in land use category will facilitate the rezoning of the property as desired. 4. The change in land use category will continue to accommodate future and surrounding industrial use and development, as envisioned by the City's industrial and economic development goals. 5. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 6. The industrial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Monticello City Council hereby approves the amendment to the Comprehensive Plan's land use map on the subject property to Light Industrial Park to permit the child care use. ADOPTED this 27th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION MI - ATTEST: Paul Paul Konsor, Chair Angela Schumann, Community Development Director 2 ORDINANCE NO. 803 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE XV OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, AMENDING THE MONTICELLO OFFICAL ZONING MAP BY REZONING THE FOLLOWING PROPERTY FROM 1-1, LIGHT INDUSTRIAL DISTRICT TO IBC, INDUSTRIAL BUSINESS CAMPUS DISTRICT Lot 5, Block 1, Thomas Park PID: 155-038-001050 THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. The Official Zoning Map of the City of Monticello is hereby amended by rezoning of Lot 5, Block 1, Thomas Park (PID: 155-038-001050) from 1-1, Light Industrial District to IBC, Industrial Business Campus Section 2. The City Clerk is hereby directed to mark the official zoning map to reflect this ordinance. The map shall not be republished at this time. Section 3. The City Clerk is hereby directed to make any changes required by this Ordinance as part of the Official Monticello City Code, Chapter XV Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process and map amendment, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety and map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at Monticello City Hall for examination upon request. ADOPTED BYthe Monticello City Council this 27th day of March, 2023. ATTEST: Rachel Leonard, City Administrator Lloyd Hilgart, Mayor 1 ORDINANCE NO. 803 AYES: NAYS: CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-11 RECOMMENDING ADOPTION OF AN AMENDMENT TO THE MONTICELLO COMPREHENSIVE PLAN REGUIDING THE SUBJECT PROPERTY GENERAL INDUSTRIAL TO LIGHT INDUSTRIAL PARK Lot 5, Block 1, Thomas Park PID: 155-038-001050 WHEREAS, the applicant proposes to occupy and remodel the existing property for Day Care (child care) use; and WHEREAS, the property is currently zoned 1-1 (Light Industrial) District, in which district Day Care (childcare) is allowed only in limited size as an accessory use; and WHEREAS, the site is guided for General Industrial uses in the City's Comprehensive Plan; and WHEREAS, the site is located in a district accommodates a variety of office and light industrial uses; and WHEREAS, the General Industrial land use category is not supported by either the existing land use, nor the existing zoning pattern; and WHEREAS, the subject property is situated in such a way that Day Care (childcare) is an appropriate land use for the site, given surrounding conditions, parcel site, freeway visibility, and other factors; and WHEREAS, the City's IBC District provides both an industrial use base, and the opportunity for Day Acre (childcare) uses on separate, but nearby, parcels; and WHEREAS, reguiding the subject property to Light Industrial Park, or a similar category that correlates to the IBC Zoning District implements the intent of the Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-11 1. The land use plan amendment provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by accommodating the demand for child care services in proximity to major employment generators. 2. The proposed use on the site under the IBC Zoning District would be consistent with the needs of the development in this location and the adjoining surrounding industrial uses. 3. The change in land use category will facilitate the rezoning of the property as desired. 4. The change in land use category will continue to accommodate future and surrounding industrial use and development, as envisioned by the City's industrial and economic development goals. 5. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 6. The industrial uses for the project area are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the amendment to the Comprehensive Plan's land use map on the subject property to Light Industrial Park and/or Employment Campus as needed to permit the child care use. ADOPTED this 7th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICELLO PLANNING COMMISSION / ')11 �7 ---------------------------------- By: Paul sor, Chair ATTEST: Angela Sc*r�hbnn) Community Development Director 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-12 RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING THE MONTICELLO ZONING MAP, REZONING THE SUBJECT PROPERTY FROM 1-1, LIGHT INDUSTRIAL DISTRICT TO IBC, INDUSTRIAL BUSINESS CAMPUS: Lot 5, Block 1, Thomas Park PID: 155-038-001050 WHEREAS, the applicant proposes to occupy and remodel the existing property for Day Care (childcare) use; and WHEREAS, the property is currently zoned 1-1 (Light Industrial) District, in which district a Day Care uses (childcare) is allowed only in limited size as an accessory use; and WHEREAS, the site is guided for General Industrial uses in the City's Comprehensive Plan; and WHEREAS, the site is located in a district accommodates a variety of office and light industrial uses; and WHEREAS, the City's IBC District provides both an industrial use base, and the opportunity for Day Care (childcare) uses on separate, but nearby, parcels; and WHEREAS, the Planning Commission held a public hearing on March 7, 2023 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission of the City of Monticello makes the following Findings of Fact in relation to the recommendation of approval: 1. The Rezoning provides an appropriate means of furthering the intent of the Comprehensive Plan for the site by accommodating the demand for Day Care (childcare services) in proximity to major employment generators. 2. The proposed use on the site under the IBC Zoning District would be consistent with the needs of the development in this location and the adjoining surrounding industrial uses. 3. The change in zoning district will continue to accommodate future and surrounding industrial use and development, as envisioned by the City's industrial and economic development goals. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA PLANNING COMMISSION RESOLUTION NO. PC -2023-12 4. The change in use will have expected impacts on public services, including sewer, water, stormwater treatment, and traffic which have been planned to serve the property for the development as proposed. 5.. The industrial uses for the project are consistent with the intent of the City's economic development objectives, as well as with the intent of the proposed zoning regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Monticello, Minnesota, that the Planning Commission hereby recommends that the Monticello City Council approves the rezoning of the subject property to IBC. Industrial Business Campus District. ADOPTED this 7th day of March, 2023, by the Planning Commission of the City of Monticello, Minnesota. MONTICE NING COMMISSION By: _C Paul Konsor, Chair ATTEST: la ScVuftia�rj CorriTr�t Mity Development Director 2 .. -■ter • �T.��, �Ty� �rysr yy. sT E I EQ'A E - 1.55029402DT4 155R 1.555001134Q3 l [oil 101 94 N� 15523740:1020 - 155237001'Q1Q 1555D0114401 � 155038Q01110 _ oy THWMAS PARK�DR moo 155018001050 1550660D1010 fry - VMS CHELSEA R1Q dip 155258 V 1552fi5000Q10 15501800202Q 155418002040 155258DD101D Z a �2 0 z O 155418002080 155230404010 O w ,jffFRAUENSHUH 17 COMMERCIAL REAL ESTATE Narrative for the requested change and the reasons why the Comprehensive Plan should be amended per the request • Whether the proposed amendment corrects an error or addresses the need resulting from some changing condition, trend, or fact arising since the adoption of the Comprehensive Plan; Over time, this area has added various mixed uses within the designated zoning such as Kids Castle Daycare and Great River Soccer Club in nearby former industrial properties. The proposed zoning modification would help facilitate similar uses to further support the industrial companies and workers with childcare opportunities. We have been diligently working with the team from Tri -Valley Monticello Head Start Child & Family Program ("Tri - Valley") over the past five (5) months. Tri -Valley provides comprehensive child development services to children and families with a special emphasis on promoting children's school readiness. The program values parents and encourages them to become advocates for their children and for their community. They have been serving children in the Monticello area for over 20 years, leasing classrooms in the Eastview Education Center. Due to the growth of the Monticello School District, space has become limited for their programming, prompting them to find new space for program operations. The building in reference, 108 Thomas Circle in Monticello, fills that space need but is zoned as 1-1. Under the current zoning stipulations, this use is not allowed which is why we are seeking a rezoning to Business campus District ("IBC"). Whether the proposed amendment is consistent with the guiding principles of the Comprehensive Plan; Goals and Objectives of Comprehensive Plan (Pg.95)-Pertaining to land use and Zoning. 1: GROWTH AND CHANGE: A City that prioritizes growth inward by concentrating development activities within the existing city boundaries and grows or develops into the Orderly Annexation Area only when development is proposed or planned contiguous to city boundaries, sensitive open space lands are protected and thoughtfully incorporated into the development pattern, and the land is serviced by appropriate utility and transportation systems. As Monticello continues to grow, an IBC designation would provide for increased flexibility of supportive uses, like Tri - Valley, in this area. Without rezoning in this circumstance, local organizations like Tri -Valley would be forced to explore other market opportunities to support the needs of the residents in Monticello and the surrounding area. The building at 108 Thomas Circle sits in the heart of Monticello and has easy access to the surrounding roadways that connect it with the community making it an ideal candidate for this type of use; however, the current zoning of 1-1 does not permit this as currently written. If 108 Thomas Circle is rezoned as an IBC, later to become an Employment Campus (EC), it would permit daycare and childhood development centers to continue to operate and support the community. If Tri -Valley is permitted to occupy 108 Thomas Circle, they will continue their long legacy in the community to make sure no child is left behind! 2: COMPLETE NEIGHBORHOODS: A City that prioritizes growth inward by concentrating development activities within the existing city boundaries and grows or develops into the Orderly Annexation Area only when development is proposed or planned contiguous to city boundaries, sensitive open space lands are protected and thoughtfully incorporated into the development pattern, and the land is serviced by appropriate utility and transportation systems. An IBC/EC zoning allows a uses, such as Tri -valley, to further support the community and neighborhood like none other. Tri -Valley fills a tremendous void in the community by providing outstanding childcare for low-income families. This allows the parent(s) to stay within the workforce, while Tri -Care supports the family's needs and development, 952.829.3480 . frauenshuh.com 7101 West 781h Street • Minneapolis, MN 55439 Page 2 of 4 so no child is left behind. By bringing the youth of lower income families up to the education levels of their peers, Tri - Valley is helping to ensure the playing fields are leveled out. 3: SUCCESSFUL COMMERCIAL CORRIDORS AND CENTERS: Successful, vibrant commercial centers and corridors that can adapt over time and provide a place for shopping, services, civic activities, entertainment, and arts and culture. Rezoning 108 Thomas Circle will improve the vibrancy of the area through increased economic activity accompanied by the civic benefit of educated children and access to childcare for working parents. 4: REVITALIZED MIXED-USE DOWNTOWN: A revitalized mixed-use downtown that embraces the river and serves as the heart of the community and focus of civic activity that is lively throughout the day and night consisting of a variety of dining, shopping, recreation, celebrating, gathering, and living opportunities. Not applicable for this site. 5: ACTIVE EMPLOYMENT CENTERS: Monticello as a strong and growing regional employment center including a variety of economic sectors established as the preferred location for manufacturing, technology, research, and development, and home to a diverse mix of businesses and industries. By Rezoning 108 Thomas Circle to IBC, the city of Monticello is allowing uses consistent with the area's needs for regional employment and support for employees. It also will allow for this specific use which enables the continued operation of a non-profit whose role is childcare/early education in the community for free; allowing working parents to obtain employment in the nearby industries. Without Tri -Valley's active participation within the Monticello community many families will be left without attainable childcare and thus must remain home to care for their children and remove them from the workforce. In the last 10 years alone, Tri -Valley has been able to serve 1,123 low-income children and their families in Monticello. They additionally provide job opportunities to over 35 staff each year that includes PTO Accrual, 401 K/Roth IRA Contributions, Voluntary Benefits, and extensive Holiday Pay. They also not only provide care to the community's littlest and neediest learners but work with the parents to set and achieve goals that benefit their children, family and community. 6: NATURAL ENVIRONMENT, PARKS, AND OPEN SPACE: An open space "frame" around and woven through Monticello, complemented by the Mississippi River, Bertram Chain of Lakes Regional Park, other local and regional parks, trails and recreation areas which together protect the City's natural resources, lakes, wetlands and woodlands, and provide opportunities for recreation, enhance visual beauty, and shape the City's character. Rezoning 108 Thomas Circle into the IBC/EC would actively encourage a greener appearance especially with a daycare occupying the facility furthered by the incorporation of outdoor play areas and green spaces. 108 Thomas Circle sits with clear visibility to 1-94 and under its current zoning of 1-1/GI the site will remain a darkened building or an industrial use. • The extent to which the proposed amendment addresses a demonstrated community need; - A need to support and engage Active Employment Centers By Rezoning 108 Thomas Circle to IBC, the city of Monticello is allowing uses consistent with the area's needs for regional employment and support for employees. It also will allow for this specific use which enables the continued operation of a non-profit whose role is childcare/early education in the community for free; allowing working parents to obtain employment in the nearby industries. Without Tri -Valley's active participation within the Monticello Page 3 of 4 community many families will be left without attainable childcare and thus must remain home to care for their children and remove them from the workforce. In the last 10 years alone, Tri -Valley has been able to serve 1,123 low-income children and their families in Monticello. They additionally provide job opportunities to over 35 staff each year that includes PTO Accrual, 401 K/Roth IRA Contributions, Voluntary Benefits, and extensive Holiday Pay. They also not only provide care to the community's littlest and neediest learners, but work with the parents to set and achieve goals that benefit their children, family and community. Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public; Tri -Valley address the mental/educational welfare of the lower income community of Monticello, but also the nutritional well-being of children is a vital component of the Head Start Program as well. Tri -Valley's classrooms implement Farm to Early Care sourcing local products when able to ensure children are provided homemade, nutrition meals while learning about food and nutrition within their classroom. They also recognize that health is at the foundation of school readiness. Their goal is to ensure that all child health and developmental concerns are identified. To help children thrive, health staff ensure that children are up to date on immunizations as well as child checkups, dental exams and learning healthy habits. Families are also linked to an ongoing source of continuous, accessible care in the community to meet their health needs. • The impacts on the natural and built environments, including air, water, noise, stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other engineering design or environmental factors; 108 Thomas Circle sits adjacent to 1-94 making it one of the buildings that tens of thousands drive by each day. Rezoning the site to IBC will allow for more uses than the current zoning of 1-1/GI would permit, allowing for more opportunities to allow for safer, cleaner, and beautiful uses along 1-94 that will further define the city of Monticello. An IBC with a future designation of EC makes logical sense to allow for increased use options that improve the overall environment in Monticello since the use is no longer manufacturing or industrial related. Industrial buildings often are low energy efficiency buildings that do little to promote community engagement. 1-94 connects Monticello with the rest of the state of Minnesota and therefore we propose an IBC/EC zoning to allow more uses to showcase Monticello and its growth from darkened industrial buildings to green and welcoming office/mixed-used engineering feats. • Whether the proposed amendment is compatible with existing and proposed uses surrounding the subject property; whether the proposed design and land uses are appropriate for the land; and whether the proposed amendment will maintain or improve compatibility among uses and ensure efficient development within the City; This immediate area has been trending towards more mixed-use development, including Kids Castle Daycare and Great River Soccer Club in nearby former industrial properties. The proposed zoning modification would help facilitate uses that arise from this trend. One of the adjacent sites is occupied by Hogland Bus Company, an outside storage use, and the other site is occupied by Twin City Staffing, an office use. Both are zoned 1-1. While the Hogland Bus company does represent some of the industrial in the area, the Twin City Staffing building plus the other additional sites around 108 Thomas Circle represent more of a mixed-use trend making an IBC/EC a logical fit as it can accommodate more use types, and thus making it more compatible with its surrounding uses. Whether the proposed amendment will result in a logical, orderly and predictable development pattern; and Page 4 of 4 As the Monticello community continues to grow, especially the industries, the need will arise for more mixed -used development along the 1-94 Corridor. Childcare needs will especially take off as the number of adults in the workforce will increase as the city grows. The current zoning will not allow such uses, as well as many other complimentary/supportive services that are necessary for the attraction and retention of workers. Rezoning is logical to keep many different uses in the community as they are serving a need that comes with the development and growth of a community and its workforce. Whether the proposed amendment is consistent with the purpose of this ordinance. Not Applicable for this site. JffFRAUENSHUH + COMMERCIAL REAL ESTATE See below for the legal description of all real property located at 108 Thomas Circle, Monticello MN 55362: • Sect -11 Twp -121 Range -025 THOMAS PARK Lot -005 Block -001 108 THOMAS CIR MONTICELLO MN 55362 952.829.3480 : frauenshuh.com 7101 West 78t1 Street # Minneapolis, MN 55439 �1 FRAUENS HUH r COMMERCIAL REAL ESTATE The existing and proposed land use and zoning designations for all properties proposed to change Current existing Land Use and Zoning Designation for 108 Thomas Circle, Monticello MN 55362 • Existing Land Use: Office • Existing Zoning: 108 Thomas Circle is currently zoned Light Industrial(I-1) as shown by the Official Zoning Map below: Legend Base Zoning Districts Residential Districts Business and Mixed - RA Use Districts R-1 C &1 r- 62 0 0.2 &3 Water Booies Regional Commercial (RC) �R'3 CCD- I Development Reserve (DR) �fcD' M� Overlay Districts h0 r Paned 0-1.y D� Industrial DWiets O seaelbd D, -- ® a =-: spe>d urc Dela Estate Resioenaal(ER) r -.Y-- pNM1.1,— • 3-2-_, - k pec'k."'b . & F x 5— Sign r Deva PODS Sw, Rlw � Twn pea Mv�lydo Fllph Stlml � lK N6 Fli F— Ebnmroo Rdpe I� Ra0lboetl Ewpr 11 dieon Spa1h IntluIDnl Pnk d.n" *.W E1pnKAo ARndWi. Si -+q" lillils 9"q IRpok MWpe H. -Mu L.11 - R— siM S H.O.W Rus PRrk matt - o M !bd S2 Drpi,, • _------�.�`� C—. aue w 2,d Add,!— City of Monticello Official Zoning .. I • Existing 2040 Zoning: The 2040 Land Use guide has 108 Thomas Circle guided as General Industrial as shown by the Official 2040 Zoning Map below: cels Manufactured Home lMH) I. streets ® Doantorm Mixed USE, (DMU) ++E* Railroad Community Commercial(CCi Water Booies Regional Commercial (RC) I Development Reserve (DR) Commeroa and Resdenl,a' PI Open Space and Resource Conservator CSRC) � Employm"I Campus (ECI r guided J Site IIS guided Gry Parks and Recreation (PR) Light Industrial Para (LIP) -1 Estate Resioenaal(ER) Genera lndusmal(GI) l� Low Density Residential (LDR) public and In5LID0oaal (P) D Traditional Resdential (TRI Xce Mom,el 0 Nuclear Generating Plant 0 North 952.829.3480 frauenshuh.com ' 7101 West 78t1 Street - Minneapolis, MN 55439 Site is currently 1-1 Page 2 of 3 Official breakdown of the Light Industrial District: Section 3.6 1.1 Light Industrial District The purpose of the "i-1," light industrial, district is to provide for the establishment of warehousing and light industrial development. City of Monticello Zoning Ordinance Page 12- Page 3 of 3 Proposed Land Use and Zoning designation for 108 Thomas Circle: • Proposed Land Use: Day Care Centers • Proposed Zoning designation: We propose to change the future Zoning designation for 108 Thomas Circle to Indusrial and Business Campus District: Official breakdown of the Industrial and Business Campus District: Section 3.6 IBCIndustrial and Business Campus District The purpose of the "IBC" industrial business campus district is to provide for the establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses in an environment which provides a high level of amenities, including landscaping, preservation of natural features, architectural controls, and other features. Base Lot Area • Minimum = 8,000 sq ft. Base Lot Width • Minimum = 100 ft. Typid 1K Lot ionfitiaatioa Typi -1 1 := E_ Iz,r„ �F - s FRAUENSHUHTIP COMMERCIAL REAL ESTATE A map of the properties to be modified to a different land use category, showing the address and land uses for adjacent properties. "y of Monticello So.—.,) Monticello Orderly Annexation Area (MORA) Parcels Streets +�+► Railroad Water Bodies ® Development Reserve(DR) Open Space and Resource Conservation (OSRC) City Parks and Recreation (PR) D Estate Residential (ER) Q Low -Density Residential (LDR) ® Traditional Residential (TR) 952.829.3480 + frauenshuh.com + 7101 West 78Ith Street + Minneapolis, MN 55439 Mixed Neighborhood MINI Moved -Density Residential (MDR) Manufactured Home (MH) ® Downtown Mixed-Use(DMUI Community Commercial (CC) Regional Commercial (RC) Commercial and Revilential Flex (CRF) Employment Campus (EC) Light Indusldal Park (LIP) General Industrial (GI) Pubic and Institutional (P) Xcel Monticello Nuclear Generating Plant (MNGP) CITY •�OF Monticello Applicant Name: CITY OF MONTICELLO Community Development 505 Walnut Street, Suite 1 Map or/& Text Ordinance Monticello, MN 55362 (763) 295-2711 . info&ci.monticello.mn.us Application Checklist Thomas Circle LLC Office Use Only Application Date: Application Review Date: APPLICANT APPLICATION SUBMITTAL REQUIREMENTS CITY CHECK-IN CHECK-IN VApplication A completed City of Monticello Land Use form, including full legal description of property V Completed checklist form (this document) with all required items from below Supporting title information establishing interests in the property Vownership (a title commitment and/or signature of fee title property owner) A narrative explaining the requested modification and the reason(s) why the changes are supported by the Comprehensive Plan V The legal description of all real property proposed for change (if applicable) The existing and proposed land use and zoning designations for all properties proposed to change (if applicable) A map of the property or properties to be modified to a different zoning designation, showing the addresses and zoning designations for the subject properties and the adjacent properties, if applicable; The location and text language of the proposed text to be added, amended, or deleted in this ordinance, if applicable. Electronic copies of all written narratives and plan sets required above V Submit electronic sets via flash/jump drive or.ftp only / ation fees and escrow per Land Use E ation form ZONING TDCf OR MAP Revised 11/18/2022 Base Plan Set Requirements One (1) Reduced Plan set —11" x 17" Electronic copies of all Plan sets — submit electronic sets via flash/jump drive or .ftp only *If application is incomplete, full set of revised submittals are required for re -submittal of application. Complete Application Required The review and consideration of an application submitted shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department. Application Submission Schedule Application, required information, and payment must be submitted no later than 28 days prior to the regularly -scheduled Planning Commission meeting, per the submission schedule maintained by the Community Development Department. Application submittals are due by 4 p.m. on the deadline date. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Ordinance Amendment Approval Criteria Recommendations and decisions on Ordinance Amendments shall be based on consideration of the following criteria: • Whether the proposed amendment corrects an error in the original text or map; or • Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. ® Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. Planning Commission Consideration • Applicants will be notified in writing when their application is considered complete. Applicants may be asked to supply additional information beyond required list above. A public hearing will be scheduled only when it has been verified that the application is complete. • A complete application will be scheduled for an Application Review Conference between staff and the applicant, which typically occurs one week prior to the Planning Commission meeting. • Applicant will receive a final copy of staff's recommendation to the Planning Commission on the Friday preceding the meeting. • Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(1) of the Monticello Zoning Ordinance. Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. • Planning Commission meetings are conducted at 6 p.m. on the first Tuesday of each month. City Council Consideration • After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part thereof as it deems advisable. • Approval of an amendment shall require a majority vote of all members of the City Council except for amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial which will require the approval of four-fifths of all the members of the City Council. • Council consideration of Land Use Applications typically occurs on the 4th Monday of each month. Revised 11/18/2022 FRAUENS HUH COMMERCIAL REAL ESTATE Narrative for the requested Zoning Modifications and the reasons why the changes are supported by the Comprehensive Plan. Ordinance Amendment Approval Criteria — Please find our responses in red. • Whether the pmpesed arn8Rdmen+ nnrrents an error in the nrininnl text nr mon• nr c-Propovca Rll IGT'fQTTTGTR ppffGplTGfTT'rif'I�1TT[RCp7'7s77lgiZG7R�fTliQ�r • Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. Over time, this area has added various mixed uses within the designated zoning such as Kids Castle Daycare and Great River Soccer Club in nearby former industrial properties. The proposed zoning modification would help facilitate similar uses to further support the industrial companies and workers with childcare opportunities. We have been diligently working with the team from Tri -Valley Monticello Head Start Child & Family Program ("Tri - Valley") over the past five (5) months. Tri -Valley provides comprehensive child development services to children and families with a special emphasis on promoting children's school readiness. The program values parents and encourages them to become advocates for their children and for their community. They have been serving children in the Monticello area for over 20 years, leasing classrooms in the Eastview Education Center. Due to the growth of the Monticello School District, space has become limited for their programming, prompting them to find new space for program operations. The building in reference, 108 Thomas Circle in Monticello, fills that space need but is zoned as 1-1. Under the current zoning stipulations, this use is not allowed which is why we are seeking a rezoning to Business campus District ("IBC"). Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. Goals and Objectives of Comprehensive Plan (Pg.95) 1: GROWTH AND CHANGE: A City that prioritizes growth inward by concentrating development activities within the existing city boundaries and grows or develops into the Orderly Annexation Area only when development is proposed or planned contiguous to city boundaries, sensitive open space lands are protected and thoughtfully incorporated into the development pattern, and the land is serviced by appropriate utility and transportation systems. As Monticello continues to grow, an IBC designation would provide for increased flexibility of supportive uses, like Tri - Valley, in this area. Without rezoning in this circumstance, local organizations like Tri -Valley would be forced to explore other market opportunities to support the needs of the residents in Monticello and the surrounding area. The building at 108 Thomas Circle sits in the heart of Monticello and has easy access to the surrounding roadways that connect it with the community making it an ideal candidate for this type of use; however, the current zoning of 1-1 does not permit this as currently written. If 108 Thomas Circle is rezoned as an IBC, later to become an Employment Campus (EC), it would permit daycare and childhood development centers to continue to operate and support the community. If Tri -Valley is permitted to occupy 108 Thomas Circle, they will continue their long legacy in the community to make sure no child is left behind! 2: COMPLETE NEIGHBORHOODS: A City that prioritizes growth inward by concentrating development activities within the existing city boundaries and grows or develops into the Orderly Annexation Area only when development is proposed or planned contiguous to city boundaries, sensitive open space lands are protected and thoughtfully incorporated into the development pattern, and the land is serviced by appropriate utility and transportation systems. 952.829.3480 • frauenshuh.com - 7101 West 78`h Street - Minneapolis, MN 55439 Page 2 of 2 An IBC/EC zoning allows uses, such as Tri -Valley, to further support the community and neighborhood like none other. Not only are they helping to provide for low-income families by taking the childcare away so the parent may return to the workforce, but they are engaging youth that would otherwise be left behind. By bringing the youth of lower income families up to education levels of their peers Tri -Valley is helping to ensure the playing fields are leveled out. 3: SUCCESSFUL COMMERCIAL CORRIDORS AND CENTERS: Successful, vibrant commercial centers and corridors that can adapt over time and provide a place for shopping, services, civic activities, entertainment, and arts and culture. Rezoning 108 Thomas Circle will improve the vibrancy of the area through increased economic activity accompanied by the civic benefit of educated children and access to childcare for working parents. 4: REVITALIZED MIXED-USE DOWNTOWN: A revitalized mixed-use downtown that embraces the river and serves as the heart of the community and focus of civic activity that is lively throughout the day and night consisting of a variety of dining, shopping, recreation, celebrating, gathering, and living opportunities. Not applicable for this site. 5: ACTIVE EMPLOYMENT CENTERS: Monticello as a strong and growing regional employment center including a variety of economic sectors established as the preferred location for manufacturing, technology, research, and development, and home to a diverse mix of businesses and industries. By Rezoning 108 Thomas Circle to IBC, the city of Monticello is allowing uses consistent with the area's needs for regional employment and support for employees. It also will allow for this specific use which enables the continued operation of a non-profit whose role is childcare/early education in the community for free; allowing working parents to obtain employment in the nearby industries. Without Tri -Valley's active participation within the Monticello community many families will be left without attainable childcare and thus must remain home to care for their children and removing them from the workforce. In the last 10 years alone, Tri -Valley has been able to serve 1,123 low- income children and their families in Monticello. They additionally provide job opportunities to over 35 staff each year that includes PTO Accrual, 401 K/Roth IRA Contributions, Voluntary Benefits, and extensive Holiday Pay. They also not only provide care to the community's littlest and neediest learners but work with the parents to set and achieve goals that benefit their children, family and community. 6: NATURAL ENVIRONMENT, PARKS, AND OPEN SPACE: An open space "frame" around and woven through Monticello, complemented by the Mississippi River, Bertram Chain of Lakes Regional Park, other local and regional parks, trails and recreation areas which together protect the City's natural resources, lakes, wetlands and woodlands, and provide opportunities for recreation, enhance visual beauty, and shape the City's character. Rezoning 108 Thomas Circle into the IBC/EC would actively encourage a greener appearance especially with a daycare occupying the facility furthered by the incorporation, of outdoor play areas and green spaces. 108 Thomas Circle sits with clear visibility to 1-94 and under its current zoning of I-1/GI the site will remain a darkened building or an industrial use. tmill FRAUENS HUH COMMERCIAL REAL ESTATE See below for the legal description of all real property located at 108 Thomas Circle, Monticello MN 55362: • Sect -11 Twp -121 Range -025 THOMAS PARK Lot -005 Block -001 108 THOMAS CIR MONTICELLO MN 55362 952.829.3480 , frauenshuh.com 7101 West 781h Street Minneapolis, MN 55439 J FRAU ENS HUH COMMERCIAL REAL ESTATE The existing and proposed land use and zoning designations for all properties proposed to change Current existing Land Use and Zoning Designation for 108 Thomas Circle, Monticello MN 55362 • Existing Land Use: Office • Existing Zoning: 108 Thomas Circle is currently zoned Light Industrial(I-1) as shown by the Official Zoning Map below: 952.829.3480 + frauenshuh.com + 7101 West 78th Street + Minneapolis, MN 55439 Page 2 of 3 Official breakdown of the Light Industrial District: Section 3.6 1.1 Light Industrial District The purpose of the "I-1," light industrial. district is to provide for the establishment of warehousing and light industrial development. City of Monticello Zoning Ordinance Page 12? Page 3 of 3 Proposed Land Use and Zoning designation for 108 Thomas Circle: Proposed Land Use: Day Care Centers Proposed Zoning designation: We propose to change the future Zoning designation for 108 Thomas Circle to Indusrial and Business Campus District: Official breakdown of the Industrial and Business Campus District: Section 3.6 (C) IBCIndustrial and Business Campus District The purpose of the "IBC" industrial business campus Typical K Building Types district is to provide for the establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses s in an environment which provides a high level of «t amenities, including landscaping, preservation of natural features, architectural controls, and other features. Base Lot Area • Minimum = 8,000 sq ft. Base Lot Width • Minimum = 100 ft. Typial & Lot CanfilwA6M 1 ��l ji:�FRAUENSHUH Bugnf s and Mixed- -. R -R Use DistrKts + COMMERCIAL REAL ESTATE A map of the properties to be modified to a different zoning designation, showing the address and zoning designations for the subject and adjacent properties. Legend Base Zoning Districts Residential Districts Bugnf s and Mixed- -. R -R Use DistrKts -RRU �a1 �RI E= rFn Overlay Districts � R-0 -. r�.wxnwcc ea.m Industrial Distncts O sna.�na uum•• oa[ so�vY� PUDs HaNRtXo saw z �' Nik Fleef farm � Fdriwmn 0.ttge N[0 Rm� EpYpnnR I.tlaR.a� � spwn rrowa+ai Rwt c—,.v Mtrb SarayWN MaMrClo Lm m Nfe'Eaple 4.aage 4un bent YAa t� � � � wannuao ores li RAatvwn Suva � �b bs Parl. laG NaOreb 0.V � Bbtl. 52 {Qh � CaMry OW Nana' 2nd 952.829.3480 • frauenshuh.com • 7101 West 781h Street • Minneapolis, MN 55439 IMPLEMENTATION CHART: LAND USE, GROWTH AND ORDERLY ANNEXATION SHORT- I LONG- ONGOING THEME TERM TERM MONTICELLO 2040 VISION + PLAN P011cy 5.7. Strategy5.7.1- Encourage businesses which Local Employment Opportunities Support Services support employee needs, such as access to health care, child care and education O ((( ))) and opportunities. Develop opportunities, such as business incubators, for locally owned business whenever possible. Strategy 5.7.2- Allow a small range of non -industrial commercial uses that provide Provide small business support necessary services for workers in industrial or services, business development employment designated areas. Appropriate workshops and other tools to non -industrial uses may include restaurants, encourage Monticello residents to small retail or service area, ATMs, gas stations O establish new business enterprises and similar uses serving the local workforce. Such uses should be clustered in centers In the community. within industrial areas rather than dispersed in numerous locations. Policy 5.8. Xcel Energy Strategy5.8.1- Continue discussions and planning in conjunction with Xcel Energy Continue to support Xcel Energy regarding the location and development of the O and recognize its facility as a unique northwest interchange. use in the City. Buffer their lands from outside development and Strategy 5.8.2- Begin conversations regarding include them in the review of any the company's long-term land use plans O O proposed land use changes in the after decommissioning. vicinity of their facility, and the in the development of an interchange at Strategy5.8.3- Partner with Xcel Energy to Orchard Road. leverage resources for economic development O opportunity and legislative support for transition tools. Strategy 5.8.4- Sustain partnerships with other utility to collectively address the impacts and opportunities associated with hosting large- scale utilities. This includes a continued effort to manage major shifts in property tax for utility facilities. MONTICELLO 2040 VISION + PLAN P.O. Box 3185 center for rural policy Mankato, MN 56002-3185 (507)934-7700 and development riruralmn.org www.ruralmn.org Child care in rural Minnesota after 2020: A unique opportunity February 2021 By Marnie Werner, Director of Research A unique opportunity? After a year of COVID, spiking unemployment, closed schools, and restricted businesses, rural Minnesotans may be looking at a unique opportunity in economic development. Since the Great Recession, rural employers have been dealing with an ever-growing job vacancy rate, which we discussed in our recent report, "The pandemic paints a different employment picture in Greater Minnesota." Now, at the beginning of 2021, we've been presented with a new and rare opportunity: we also have a larger -than -usual pool of unemployed workers. We now have the chance to match workers without job to jobs that need workers. But a few things stand in the way of taking full advantage of this opportunity. The first issue we addressed in last month's report. Most of Minnesota's unemployed workers' skills don't match up with the skills rural employers currently need in health care services and our growing manufacturing sector. Many of the needed skills require training, and therefore, we need to make sure our retraining programs are ready for the challenge. Matching the right people with the right training programs to get them into good jobs would be a boon to young families looking to move to a community for the rural lifestyle. The other piece, though, is much tougher to fix, and that piece is child care. The one thing holding rural Minnesota back from taking a serious leap forward economically is the lack of workers, and there are three things getting in the way of fixing that: a lack of child care, a lack of affordable housing, and a lack of transportation. The biggest of these is child care. The trends Last year finally brought into sharp focus just how important child care is to maintaining a functioning economy. As we noted in our original report on child care, "A Quiet Crisis," in nearly 80% of Minnesota families, all parents work, and child care issues are the primary cause © Center for Rural Policy & Development CKcenter for rural policy and development ruralmn.org of absenteeism among American workers. Child care is indeed the infrastructure that keeps America working, and COVID-19 and 2020 made this painfully clear. Licensed child care comes in two forms: center -based child care (CCC) and family, or in-home, child care (FCC). Because of economies of scale, family child care is far more prevalent in areas of sparse population, while child care centers are much more common in urban and suburban areas. In Minnesota, both types were growing fairly steadily until 2000. Around that time, something happened. The number of licensed centers kept growing, albeit modestly, particularly in urban areas, but the number of licensed family care providers started to plummet (Figure 1 & Table 1). 60% 30% 0% -30% Change in provider licenses and capacity, 2000 - 2019 2005 2010 2015 2020 CCC Capacity CCC Licenses FCC Capacity — FCC Licenses Figure 1: Change in CCC and FCC providers, year-end, 2000-2020. 2 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org Table 1: Change in center and family licenses statewide, 2000-2020. Data source: MN Dept. of Human Services Child Care Type Change in Change in licenses capacity Family child care -50% -47% Center child care 8% 6% In the Twin Cities, growth in center capacity between 2000 and 2019 was almost able to make up for the loss in family -based child care. The metro area ended 2019 with a net of -1,462 spaces (FCC and CCC capacity combined). 2020 set things back further with a net loss of an additional 1,200 spaces. In Greater Minnesota, the net loss of child care capacity was much larger: more than 20,000 space were lost, even though population in most Greater Minnesota counties grew during that time. 2020 was barely a blip in the downward trend in child care capacity (Table 2). 3 © Center for Rural Policy & Development center for rural policy Ir(I nd development uralmn. org Table 2: Net change in child care capacity, 2000-2020. Data source: MN Dept. of Human Services Greater MN Net change Family child care 90,686 55,231 -35,455 Center child care 25,730 40,933 15,203 Twin Q+ioc morn N Family child care 68,845 29,120 -39,725 Center child care 60,779 97,816 37,037 Total Greater MN 116,416 96,164 -20,252 capacity Total Twin Cities capacity 129,624 126,936 -2,688 The loss in family child care is particularly troubling for rural areas. The sparse populations that characterize rural places make it more difficult to open child care centers, which usually require more children to achieve the level of revenue needed to pay for the higher startup and ongoing operating costs of a center. Family providers, who care for children in their homes, don't require the building or the staff that centers do and therefore can operate financially with fewer children. For this reason, family child care has been the foundation of child care in rural Minnesota much more so than centers. While centers have been growing, family child care capacity has been falling faster. While center capacity increased as a share of overall capacity in Greater Minnesota, the number of centers actually fell, from 692 in 2000 to 625 in 2012, back up to 674 in 2019, then back down to 654 at the end of 2020. What this trend overall implies is that on average each center is getting bigger, but we are not necessarily getting more of them. Child care centers in the seven -county metro area are getting bigger on average as well, but while their numbers also dropped for a while between 2000 and 2010, they started increasing again, peaking at 1,104 in 2019, only to drop back to 1,072 in 2020. 4 © Center for Rural Policy & Development 4 center for rural policy and development ruralmn.org In Greater Minnesota, larger but fewer centers means that child care is concentrating in areas that can support them, larger towns and cities with an ample pool of families. That doesn't help families that live outside those centers' range. Adding capacity in Mankato doesn't help a family fifty miles away in rural Mountain Lake unless one of the parents works in or near Mankato. This is the reason we hear so many firsthand experiences of parents driving their child 30 miles to a provider, then 20 miles back in to get to work. Regional loss In 2016, we presented a graphic showing the shortfall in child care capacity for each region of the state. Figure 2 shows that graphic and an updated version. In four of the seven regions, the child care shortage and the amount the region would need to grow its child care capacity stayed fairly steady, not much better and not much worse. In three regions, however—Central, West Central and Northwest, the shortfall truly intensified. Table 3 also illustrates the trend by region between 2000 and 2020. In the Twin Cities area, capacity grew, but so did the region's population of under -6 children. In the West Central region, the estimated number of children needing child care also grew, by more than 1,100, but child care capacity dropped by over 500 spaces. As of 12/31/15 As of 12/31/20 Northeast 54% Northeast 55% 2,538 3,414 7,201 6,087 Northwestern 35% 4,956 Northwestern 56% 4,787 9,139 8,656 1,963 3,628 9,758 9,197 14,055 Central 48% 15,393 Central 56% West Central 20% West Central 39% 29,496 27,534 44,476 50,997 3,016 122,007 3,134 126,936 12,646 Twin Cities 36% 11,845 Twin Cities 40% Southwestern 24% 8,691 Southwestern 27% 7,912 33,819 32,845 Southern 26% Southern 24% Figure 2: Child care capacity, shortfall, and the amount needed to grow capacity to make up for that shortfall, by Minnesota Initiative Foundation region, 2015 and 2020. Licensed child care capacity versus the estimated number of children under 6 with both or al 5 © Center for Rural Policy & Development center for rural policy nd development uralmn. org Table 3: Net change in center and family child care capacity by region, 2000-2020 Wr Change in center Change in family Change in MIF Region capacity child care capacity combined capacity is East Central 60% -35% -13% Northeast 37% -54% -27% Northwest -3% -36% -30% Southern 104% -41% -10% Southwest 34% -40% -25% West Central 16% -32% -22% Twin Cities 61% -58% -2% What happened in 2020? 2020 was a particularly rough year for child care (see Table 4). As businesses and schools shut down, everything suddenly moved to the home. Child care providers found themselves adapting quickly to new rules that would allow them to stay open to care for the children of essential workers, even while they faced a substantial loss in revenue. Table 4: Net change in center and family licenses and capacity between year-end 2019 and year-end 2020. Center child Family child Center child Family child care licenses care licenses care capacity care capacity East Central -6 -61 115 -788 Northeast -7 -29 -141 -345 Northwest 2 -30 117 -363 Southern -3 -62 464 -777 6 0 Center for Rural Policy & Development center for rural policy Ir', nd development uralmn. org Center child 'W Family child Center child Family child care licenses care licenses care capacity care capacity Southwest -5 -27 89 -252 West Central -1 2 144 -54 Twin Cities -32 -138 287 -1,513 Tota 1 -52 -345 1,075 -4,092 Parents kept their children home from child care for a number of reasons: the parent(s) lost their jobs and couldn't afford child care anymore; they were working from home and decided to save on child care costs by keeping the kids home, too; they feared they or their children would be infected; or their child was sick or quarantined due to exposure to COVID and had to stay home. Often, though, the reason their children stayed home was because their child care was no longer available. And COVID added a new quirk to the problem. In normal times, a family that couldn't access child care would often call on friends or family for help. In the pandemic, though, families have become reluctant to ask the grandparents for help because of a fear of infecting them, thus closing off that avenue as well. For child care centers, restrictions on the number of people per room—group limits—had the potential for the largest impact (see Figure 4). Under normal circumstances, state child care quotas limit the number of children per adult in a child care facility, with different numbers for different age groups. For example, the quota for the preschool age group is ten children per adult. Therefore, a typical classroom might have twenty preschoolers and two teachers, a lead teacher and an assistant teacher. Mandating a 10 -persons -per -room limit would have wreaked havoc on centers' revenue and staffing and was therefore strongly recommended but not required by state health officials. Using the preschool classroom above, restricting the number of people in a room to ten would mean the classroom the classroom could have only nine children and one teacher, the lead teacher. If the center has an extra room, another lead teacher (not the assistant teacher) could take another nine children. But that would still leave two children without a classroom and the assistant teacher without a role. If the center didn't have the extra room, the leftover children would be out of luck and have to stay home.' © Center for Rural Policy & Development center for rural policy ir(, nd development uralmn. org Group limits COVID group limit: 10 people per room Classroom loses 11 students and assistant teacher Normal center preschool classroom: 20 children 1 lead teacher 1 assistant teacher C� 0000 QPW 0000 Figure 3: Group limits and their impact on centers. For family providers, group limits weren't as much of an issue since they generally care for fewer than ten children at any one time. They faced other issues, however: children kept home were a big issue, but school closures also created difficulties. Providers were asked to look after school-age children who would normally be in school, and providers often felt obligated to help them with their online classes. School-age children also brought with them higher expenses in food and other supplies needed for this different age group. Anticipating the impact on child care revenue, the state issued emergency child care grants in three rounds to center and family providers using federal CARES Act funds. The Minnesota Initiative Foundations also created a fund and awarded grants. These grants didn't save every provider, but they seem to have limited the damage in Minnesota considerably compared to other states. 8 © Center for Rural Policy & Development o 0 001000 �W J 0 J 0 0 0 0 0000 9k -UN 0000 qkYWN 0000 %VP COVID group limit: 10 people per room Classroom loses 11 students and assistant teacher Normal center preschool classroom: 20 children 1 lead teacher 1 assistant teacher C� 0000 QPW 0000 Figure 3: Group limits and their impact on centers. For family providers, group limits weren't as much of an issue since they generally care for fewer than ten children at any one time. They faced other issues, however: children kept home were a big issue, but school closures also created difficulties. Providers were asked to look after school-age children who would normally be in school, and providers often felt obligated to help them with their online classes. School-age children also brought with them higher expenses in food and other supplies needed for this different age group. Anticipating the impact on child care revenue, the state issued emergency child care grants in three rounds to center and family providers using federal CARES Act funds. The Minnesota Initiative Foundations also created a fund and awarded grants. These grants didn't save every provider, but they seem to have limited the damage in Minnesota considerably compared to other states. 8 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org Moving on from 2020: Quick fixes for 2021 to keep child care intact The tribulations of 2020 aren't over for child care providers. As more people are vaccinated and once unemployment benefits end, there will be a rush of people wanting to get back to work and back to workplaces, but the child care shortage will still be with us. We may also have to deal with intermittent waves of COVID infections as new variants roll through, requiring some restrictions again, albeit on a smaller scale. And Greater Minnesota still sits with thousands of open jobs and shrinking child care capacity. Around the state, thousands of workers will be looking for new and maybe even better jobs than they had before, hopefully in Greater Minnesota. Will the child care providers who closed in 2020 reopen? What will incentivize new providers to step up? Greater Minnesota will need a robust workforce development system to match people with jobs and a robust child care network to make it possible for workers and their families to take the jobs of their choice and live in the community of their choice without the stress of wondering what they will do for child care. So what do we do next? First, we make sure our current child care system stays intact. The emergency child care grants awarded by the state and the Initiative Foundations during 2020 have been a lifeline for providers, said Lynn Haglin, vice president and KIDS PLUS director at the Northland Foundation in Duluth, one of the six Minnesota Initiative Foundations. With very little margin for error, both family and center -based providers needed the monthly infusion of cash to be able to keep the doors open to care for the children of essential workers. Until group limits are lifted and providers can operate at normal enrollments again, continuing these grants will be crucial. Currently the state is counting on another round of COVID emergency money from the federal government to provide dollars for future emergency grants after the current round of grants run out. If those federal funds don't materialize, a priority will be to find funds to keep as many providers as possible in business. The private sector can help. While many businesses around the state are struggling to stay afloat, others are doing well. One suggestion would be for them to form a special child care philanthropy fund, perhaps working with the Initiative Foundations or other community foundations around the state to help disburse grants to child care providers. Also, once restrictions are lifted and unemployment benefits end, there will be a need to match workers with jobs. As our workforce report pointed out, many of those workers may want to explore the vacant jobs waiting for them in Greater Minnesota. Those workers, however, probably don't have the skills needed for those jobs. The state already has a robust system of 9 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org workforce development and training programs around the state that will play a big role in making these matches work. However, workers with families may need help paying for child care while they participate in retraining and other education programs. Programs like the Minnesota Family Investment Program provide subsidies to very low-income families to pay for child care while the parent is retraining. However, the scope of the MFIP subsidy and that of the other CCAP programs may need to be expanded to avoid income cliffs. If a family's income excludes them from using MFIP or the Basic Sliding Fee child care program but they still can't afford child care or can't find it, it could be a major deterrent for them. Usually, a family is tapered off child care subsidies as their income increases, until at some point they are earning enough to not qualify for subsidies at all. However, their income may still not be high enough to afford child care in their area. At that point, they are out of luck and so are the businesses that may have hired these workers. Here is another opportunity for not just the state, but local businesses and even communities to sponsor potential workers by supporting their retraining and the move to their new community by helping them find and pay for child care. Beyond 2020: How do we fix child care for the long term? As we get through 2021 and 2022 and things get back to normal, what then? Is "normal" where child care is concerned where we want to be? Here again we have another opportunity staring us in the face: the opportunity to fix child care altogether. That may sound outrageous—after all, the solution to our child care crisis has eluded not just policy makers in Minnesota but all over the United States. But historically, times of great upheaval can turn out to be times of great opportunity for those who are prepared and looking out for it. After the pandemic, we'll be focusing on fixing our economy, and child care will have to be a part of that. But it can't be an afterthought. Bringing it back to 2019 levels of providers is still far below 2000 levels and below what would be deemed adequate. To fix child care and not just continue to patch it, we may need something akin to a Marshall Plan, which will require concentrated focus, a lot of money, and a great deal of will and commitment to get it done. Right now, we have some breathing space before people need to find jobs and get back to work. Now is a good time to work on the beginnings of a permanent solution instead of once again reaching for the band-aids. Here are some places we recommend starting. 10 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org 1. Decide what child care is. Is it a business? Is it a school? Can it be both? Can it be one or the other? Is child care a highly regulated private business or an underfunded public school? One or the other—or variations in between—might work better for some communities than others, but whatever it is, we need to decide, even if that's deciding to let communities decide. Providers live with a great deal of ambiguity that adds stress to an already stressful job. 2. Continue to monitor child care policy for usefulness and unintended side effects. Our survey of providers taken in 2018 recorded numerous examples of regulations that, though they were well intended, ended up adding levels of hassle to already -stressed providers. In 2019, the Minnesota Legislature passed policy that addressed many of the hassle factors. From making it legal for providers to allow their kids to reuse their own reusable water bottles and sippy cups to determining that a family child care provider's own children who live in the same home with her don't need to have background checks except under very specific circumstances, the responsiveness of the Legislature is to be commended. The changes went a long way in addressing many policies that may have seemed inconsequential to someone not in child care but were adding to both center and family providers' stress. Once the Legislature can move on to non- emergency policies, we recommend regularly monitoring existing policy and screening proposed policy from the perspective of the provider, the child and their family, all while maintaining safety. Click here for a more extensive summary of policy changes made in 2019 and 2020. 3. Remember family providers. Family providers are the backbone of child care in Greater Minnesota, and yet we have half the number today that we had in 2000, leaving most rural regions child care deserts, even though Greater Minnesota's population has increased. Until it becomes more affordable and feasible to start centers in areas of sparse population, family providers will continue to be needed. Another creation of the 2019 legislative session was the Family Child Care Task Force, a legislative task force made up of child care experts, state officials, child care providers and parents. Their task was to discuss the many identified problems contributing to the decrease in family child care numbers and to figure out some solutions. Despite being interrupted by COVID, the FCCTF met on a regular basis and just recently turned in their final report— on time. 4. Don't allow reimbursement rates to stagnate again. The "reimbursement rate" refers to Child Care Assistance Program subsidies that help low-income families pay for child care. Instead of going directly to the family, this subsidy is paid directly to the provider on behalf of the family. It is an important source of revenue, especially in child care deserts, where families tend to be lower income. Since 2003, providers who depend on child care reimbursement rates have had a rocky path. That year, rates were frozen 11 © Center for Rural Policy & Development center for rural policy and development ruralmn.org through 2005 while the Office of the Legislative Auditor investigated suspect practices by state agencies in disbursing CCAP payments. Rates were unfrozen in 2005 and raised slightly in 2006, but then they were reduced by 2.5% in 2011. In 2014, rates were raised back to their 2006 level with a slight increase for some counties. Finally, in 2020, reimbursement rates were given a substantial boost. But rates stayed essentially the same or decreased for providers for 14 years between 2006 and 2020. The legislation also allocated funds for fiscal years 2021, 2022 and 2023. 5. Child care desert premium. Right now, it's difficult to determine the impact the new higher reimbursement rates might be having since the pandemic has been keeping revenue artificially low for many providers. Once things return to normal, though, the new higher rates may still not be enough for providers in child care deserts to survive. To help with the dysfunctional markets that create child care deserts in rural communities and urban neighborhoods, we propose exploring the idea of adding a child care desert premium or differential to the current reimbursement rate, similar to and on top of the premium a provider receives for Parent Aware Star ratings. It would be an additional boost for providers in those areas where child care facilities have particular difficulty developing naturally, and it would not only help existing providers stay in business, it could incentivize new providers to enter the business. 6. Involve all stakeholders in community discussions, especially private -sector businesses. Child care shortages will often need to be solved at the community level, with all stakeholders coming together to discuss the issue and look for solutions. Rarely has one sector been able to solve the problem itself. Employers especially need to be involved. Employers have high stakes in the child care infrastructure. The number of stories are rising of employers who have finally found someone to fill an important, long -vacant position at their company only to have the family leave because they couldn't find child care locally. Child care, along with housing and transportation, are the three biggest barriers to finding workers right now, says Vicki Leaderbrand of the Rural Minnesota Concentrated Employment Program in Detroit Lakes. RMCEP provides services to help match employers with potential employees through retraining, career counseling and other programs. Without child care, workers are cut off from what could be a new career. It also cuts off Greater Minnesota employers, from manufacturers to colleges to clinics and hospitals, from the people they need to grow their businesses. Despite how important child care is to employees, though, employers in general have been slow to step in and get involved with finding solutions. Some of Minnesota's largest companies do help with child care. Taylor Corporation, a major employer in south central Minnesota, has been providing deeply subsidized child care as a benefit to its employees for forty years. The center's staff are Taylor Corporation employees. Harmony Industries in Harmony, MN, built it's own daycare center in 2016, as did 12 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org Gardonville Telecom in Brandon, MN, in 2014. Not every business can afford to open its own center, especially smaller companies, but there are other ways employers can contribute to creating a stable environment for child care providers: "reserving" slots with a local provider, contributing funds or space or other resources to a community project, or providing a child care allowance to employees. 7. Allow for creativity. In an effort to keep children safe and increase learning standards, sometimes policy can become too rigid, as we saw in policy issues that were addressed in 2019. In a situation where regular market forces don't work, however, businesses need to be able to think creatively to come up with ideas that solve problems. For example, child care in or connected to schools and senior living facilities are serving infants to preschoolers by helping reduce expensive overhead, allowing the provider to spend more on staff wages. In some models where the school becomes the child care provider, the child care staffers are also employees of the school district and are eligible for health benefits, a rare thing in child care, while in other models, they are not employees but may still have access to benefits. 8. Allow for flexibility. The pod model is a new type of license for family child care providers that allows multiple providers to operate in one building without operating as a center. Providers run their programs separately, but they share the overhead costs that can make opening and operating a center prohibitively expensive in rural areas. This model could be more attractive to potential providers who don't want to start a center but also don't want to operate their child care business in their homes. This kind of flexibility in policy makes innovation possible, and that leads to solutions. 9. Allow for experimentation. One of the most exciting developments in child care is the partnership that has developed between eight north central Minnesota counties and Sourcewell, a regional service cooperative located in Staples. The idea came out of routine meeting of county social service directors discussing whether they could combine their resources in some way to provide better county licensing services. Most of the five counties in Sourcewell's region could devote only part of a full-time position to county licensing, whose primary role is to help family child care providers become licensed and to conduct inspections. They eventually approached Sourcewell to see if their service coop could help somehow. Regional service coops have been offering bulk purchasing and technical support to school districts and counties throughout Minnesota for decades. Working together with the Minnesota Department of Human Services, the counties and Sourcewell eventually developed a formal partnership. Sourcewell now provides the licensing and inspections, coaching services, and even an annual conference for family providers. The partnership has expanded from the original five counties in Sourcewell's region to include three more counties. While the counties are 13 © Center for Rural Policy & Development enter for rural policy 1r((1 nd development uralmn. org still responsible for the enforcement of any infractions, Sourcewell is able to provide the full attention county licensing requires. Is it time? Child care is no longer a luxury. It is an economic development tool and an indispensable part of our economic infrastructure, especially in Greater Minnesota. We are at a point where with focus, motivation and will, we could have real impact on our child care crisis. ' Grunewald, Rob, "How a COVID-19 10 -person group limit affects Minnesota's child care providers," Federal Reserve Bank of Minneapolis, June 24, 2020. 14 © Center for Rural Policy & Development 2D. Additional Information Data on Child Care Availability in the Monticello Area presented to the Monticello EDA on May 9, 2018 by First Children's Finance Wright County Child Care Demand vs Capacity Wright Saint Howard Michael Lake Waverly Annandale Buffalo Maple Lake Hanover Cokato Clearwater Montrose Delano Rockford Monticello Albertville -12 -44 -100 -75 -80 -84 -102 -102 -200 -167 -181 -185 -208 -300 -274 -400 -500 .11 -700 -736 O -900 -837 1 Potential Need Analysis Monticello Area, Minnesota —1631 y � Breakout by Zip Code Area View Zip Code Plus/Minus/-I 55302 Annandale 2 11 -60 55313 Buffalo 6 37 5 5.5320 Clearwater 0 12 -171 55321 cokato 1 4 -167 55349 Howard Lake 0 5 -44 55358 Maple Lake 0 8 -112 55362 Monticello 1 42 -716 55363 Montrose 0 8 -243 55382 South Haven 0 8 -48 55390 Waverly 0 8 -75 1' Effects of Child Care on Business When child care is unstable for employees, businesses lose out... ❖45% of parents are absent from work at least once due to child care issues, missing an average of 4.3 days ❖65% of parents' work schedules are affected by childcare challenges an average of 7.5 times (Source: "Economic Impact of Child Care" Lets Grow Kids) City Council Agenda: 3/27/23 2K. Consideration to approve a contract for professional planning services with Grittman Consulting, LLC and appoint Grittman Consulting, LLC as City Planner as of May 31, 2023 Prepared by: Meeting Date: ❑x Consent Agenda Item Community Development Director 3/27/23 ❑ Regular Agenda Item Reviewed by: Approved by: Chief Building & Zoning Official, City Administrator Community & Economic Development Coordinator, Finance Manager ACTION REQUESTED Motion to approve a contract for professional planning services with Grittman Consulting, LLC and to appoint Grittman Consulting, LLC as City Planner, with both contract and appointment effective as of May 31, 2023. REFERENCE AND BACKGROUND The City Council is asked to consider continuing its relationship with Steve Grittman as the primary City Planner for the City of Monticello. The City of Monticello has utilized the services of Northwest Associated Consultants since 1990. During that time, the primary and designated planner for Monticello has been NAC Principal partner, Steve Grittman. As of May 31, 2023, NAC will complete a transition in ownership. While NAC as a firm will continue to exist, NAC's two current Principal partners will be leaving NAC. It is understood that one of NAC's current senior planning staff members will assume and acquire NAC as a corporate entity. As part of this transition, NAC's two Principal planners will have the ability to retain their current primary clients. As a Principal, Steve Grittman has indicated his desire to retain Monticello as a primary client, along with a small handful of other municipal clients. Grittman Consulting, LLC has been formed for this purpose. Mr. Grittman has indicated that with this change, he will be able to focus more time and attention on a smaller group of municipal clients. This will allow for concentration on planning matters with less attention to the office and administrative matters and costs associated with operating a firm. A contract for professional services with Grittman Consulting, LLC has been prepared and reviewed by City staff and the City Attorney. City Council Agenda: 3/27/23 The proposed contract would shift the City's current rate structure from an hourly rate basis with NAC to a majority retainer model with Grittman Consulting. City staff has completed a fiscal evaluation of the last five years of services with NAC and has developed the proposed retainer amount based on the average hourly services paid in those five years. The retainer would include coverage for the City's day-to-day planning needs, including regular planning -related meeting attendance, Planning Commission and City Council meeting attendance and day-to-day planning matter consultation. The retainer would also cover consultation on Monticello Orderly Annexation Agreement and other governmental agency matters related to planning and land use. As a reference, the proposed monthly retainer amount is the equivalent of 25 hours per month paid at the hourly rate. The retainer amount is specific to City -related planning assistance. The contract also outlines the scope and hourly rate for private planning assistance, which is billed to the escrows submitted with private land use applications and project review. Currently, the City has adopted NAC's 2023 private and public hourly rate schedule, at $191 and $158, respectively. Under the proposed contract, the rate for private related planning assistance will decrease to $180 per hour. The City's rate for services not covered under the retainer will be billed at $165 per hour. With the exception of additional meetings, City -initiated services not included in the retainer are subject to a request for proposal with scope and cost, and approval by the City. Both the retainer rate and the hourly rates include all mileage, copying and other incidental expenses. These incidental costs are not included in the current $158 hourly rate paid by the City to NAC. In summary, the retainer model offers advantages in terms of consistency in budget expectations month to month and year to year, and the anticipated overall cost of actual services and time commitment for planning services. In regard to level and delivery of service, Mr. Grittman has served the community for over 30 years. He has significant experience with the community and knowledge of the City's land use plans and ordinances and has been involved in important community planning initiatives, including park master planning, The Pointes at Cedar Master Plan and others. Mr. Grittman has been the primary planner in the review and analysis of many of the community's major development projects, from residential subdivisions to large commercial and institutional planned unit developments. It is staff's understanding that Grittman Consulting, LLC will continue to serve municipal clients only at this time. This will provide a continued network for reference in municipal planning trends and information sharing. In addition, Mr. Grittman has indicated that he will maintain his City Council Agenda: 3/27/23 professional and colleague network to benefit his client communities on land use trends and case law. As an alternative to the proposed contract with Grittman Consulting, LLC, Council has the option of directing staff to prepare an RFP for planning services. Budget Impact: The 2023 Planning and Zoning budget has sufficient funding to accommodate the monthly retainer rate of $4,167.00 for the balance of the year. If the contract is approved, the City will need to adopt a fee schedule change for the hourly private and City -planning related expenses per the contract schedule prior to May 31, 2023. II. Staff Workload Impact: Staff time spent in reviewing the proposed transition, the proposed contract and preparing this report is estimated at approximately 8 hours. III. Comprehensive Plan Impact: It is expected that any consulting planning service will continue to utilize the City's current adopted comprehensive plan as a guide for land use assistance. STAFF RECOMMENDED ACTION City staff recommends approval of the contract with Grittman Consulting, LLC based on Mr. Grittman's extensive experience with Monticello and his depth of knowledge in the land use field. Mr. Grittman also brings a background in landscape architecture and law to his land use practice. Planning, Building and Economic Development staff were consulted regarding the transition and have expressed their support for maintaining a professional services contract with Mr. Grittman. In January of 2023, the Planning Commission also noted its support for planning staff's services, including Mr. Grittman specifically. SUPPORTING DATA Proposed Contract, Grittman Consulting, LLC May 31, 2023 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT, entered into by and between the CITY OF MONTICELLO, MINNESOTA, hereinafter referred to as the "Client" or "City" and GRITTMAN CONSULTING, LLC., hereinafter referred to as the "Consultant". WITNESSETH: ARTICLE 1. AREA OF SERVICE That the Client does hereby agree to employ the Consultant to render professional technical planning, zoning, and development assistance services to the extent and kind described in Article 2 below in and for the City of Monticello, Minnesota. ARTICLE 2. SERVICES OF THE CONSULTANT The Consultant hereby agrees to render the professional services as follows after receipt of work authorization by the Community Development Director (the Client's representative), or their designee. A. Technical Planning and Development Assistance 1. CITY -INITIATED TECHNICAL ASSISTANCE: The Consultant shall provide general assistance and consultation to the Client, including: a. Advise, consult, and report regarding the Client's planning, zoning, and development related functions and activities. b. The Consultant will be available to attend routine staff meetings for purposes including, but not limited to, regular site review, pre -design and/or pre -application, application review, post -approval staff meetings, assist and advise the Client on the administration, structure, forms, procedures and processing of the recommendations which are received and accepted by the Client. c. Prepare staff reports, resolutions, ordinances and other documents analyzing and supporting staff or consultant research and recommendations on City -initiated planning items, whether or not scheduled for public review. Such documents may include review and reporting for projects initiated by other government agencies where the Consultant prepares such reviews for use by the City in consideration of the City's participation in, or response to such projects. Examples of such agencies may include, but not be limited to the Monticello Orderly Annexation Area Board, multi -jurisdictional study groups, or similar entities. Direct production of research and materials on behalf of such entities shall be subject to the terms of Paragraph A.3. d. On a monthly basis, attend up to one (1) regularly scheduled Planning Commission meeting, up to one (1) regularly scheduled City Council meeting, and up to one (1) additional evening meeting provided the Consultant's schedule permits. Meetings under this section may include those held by other governmental agencies at which the Consultant is in attendance representing the City's interests. e. Services under the section shall be rendered on an as needed basis to be determined by the Client's representative as noted herein. Any services performed under this Article will be billed on a monthly basis as per Article 4.A. (Retainer) of this Agreement. f. The meetings included in Subp. d. of this section are a general obligation of the Consultant, and meetings missed for pre -scheduled vacation, illness, or unforeseen circumstances shall not impact the fees charged under this section. The Consultant agrees that foreseeable absences, including vacations, will be coordinated with the City in advance, and that the Consultant agrees to make every effort to schedule in such a way as to minimize such absences. 2. PRIVATELY -INITIATED TECHNICAL ASSISTANCE. The Consultant shall provide general assistance and consultation to the Client, including: a. Advise and report regarding the Client's planning, zoning, and development applications, and other related functions and activities initiated through an inquiry and/or formal application from a Non -Client party. b. The Consultant will be available to attend staff meetings chargeable to the Applicant's fee and/or escrow account, assist and advise the Client on the administration, structure, forms, procedures and processing of the recommendations which are received and accepted by the Client. c. Prepare staff reports, resolutions, and other documents analyzing and supporting staff research and recommendations on Privately -initiated planning items, whether or not scheduled for public review. d. Services shall be rendered on an as needed basis to be determined by the Client's representative as noted herein. Any services performed under this Article will be billed on a monthly basis as per Article 4.B. (Hourly Rate) of this Agreement. 3. CITY -INITIATED ASSISTANCE NOT INCLUDED IN RETAINER. From time to time, projects that exceed the routine review and analysis or common city processes for planning and zoning -related issues may be found to be outside the scope of the items identified in 2.A.1. In such matters, the Client may request a specific quote or proposal and scope of services for the identified project, the work for which would be invoiced separately per the Consultant's charge rates found in the Rate Schedule. For such projects, no work shall be commenced, nor compensation owed, until a written approval is granted by the Client and the work is expressly directed. The Consultant hereby agrees that any such work is eligible at all times to be submitted for competitive bid, to the Consultant and/or outside consultants, without obligation of the Client to the Consultant under this Contract. The Consultant hereby agrees to not unreasonably refuse any reasonable work required under the retainer, and the Client hereby agrees to not unreasonably require it. Services shall be rendered on an as needed basis to be determined by the Client's representative as noted herein. Any services performed under this Article will be billed on a monthly basis as per Article 4.13. (Hourly Rate) of this Agreement, and according to the agreed budget. ARTICLE 3. SERVICES OF THE CLIENT The Client hereby agrees to furnish to or make available for examination or use by the Consultant, without charge, the following: A. Agendas for all meetings when attendance of the Consultant is required within a reasonable time to allow for review of each relevant item on the agenda. B. All materials and documents applicable to all agenda items. Such material and documents shall be submitted to the Consultant within a reasonable period of time before any meeting at which time they are to be considered. C. Material and documents, as determined by the Consultant, that are necessary for the services to be performed, including meeting minutes, development regulations, Comprehensive Plan documents, or other related documents. ARTICLE 4. PAYMENT A. Technical Planning and Development Assistance The Client hereby agrees to pay the Consultant for professional services included in Article 2. of this Agreement as follows: RETAINER PAYMENT FOR CITY -INITIATED TECHNICAL ASSISTANCE. The work described in Article 2.A.1 shall be invoiced pursuant to the monthly Retainer in accordance with the rate schedule attached hereto. Said Retainer shall be a fixed monthly amount, invoiced separately from other costs invoiced under Articles 2.A.2 and 2.A.3. At the Client's request, the Consultant may itemize the work done under said Retainer. The rate schedule shall be subject to adjustment each calendar year. 2. PAYMENT FOR PRIVATELY -INITIATED TECHNICAL ASSISTANCE. The work described in Article 2.A.2 shall be invoiced on a time and materials basis in accordance with the rate schedule attached hereto for "Privately - Initiated Rates". The Consultant shall provide an invoice itemizing work completed by project name and number. The rate schedule shall be subject to adjustment each calendar year. 3. PAYMENT FOR CITY -INITIATED ASSISTANCE NOT INCLUDED IN THE RETAINER. The work described in Article 2.A.3 Shall be invoiced on a time and materials basis in accordance with the rate schedule attached hereto for "City -Initiated Rates", if hourly, and/or for the agreed-upon fixed fee if applicable. The rate schedule shall be subject to adjustment each calendar year. This Section includes night meetings in excess of those included in the Retainer when directed by the Client and agreed to by the Consultant. 4. If the Client finds it necessary to abandon requested work, the Client shall notify the Consultant in writing and the Consultant shall be compensated for all work completed and materials expended prior to said notice. 5. The Consultant shall submit a statement of services rendered under Article 2. on a monthly basis payable by the Client. ARTICLE 5. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. The Consultant, at its own discretion, may seek professional assistance with certain aspects of any project. Such work shall at all times be subject to the Client's acceptance as if it were completed wholly by the Consultant, and shall be invoiced as such, under the requirements of Articles 2 and 4 of this agreement and in compliance with Minnesota Statutes §471.425. B. The Consultant's reports and other materials prepared in the performance of this Agreement are instruments of services and remain the property of the Client. However, any further distribution of these reports by the Client must note the Consultant as the source. C. For lawsuits or legal actions brought by a third party against the Client, which also names the consultant, resulting from negligence, reckless, or improper actions of the Client or the consultant, each party shall be liable for its own acts to the extent provided by law, and each party hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants and employees in the execution, performance or failure to adequately perform its obligations pursuant to this Agreement. D. Insurance Requirements. The Consultant agrees that, in order to protect itself, as well as the Client, under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in full force and effect the following insurance protection in amounts not less than the limits specified below, or greater as necessary: Commercial General Liability - $2,000,000.00 per incident, including the following endorsements: a. Automobile coverage - $100,000/$300,000. Any policy obtained and maintained under this clause shall provide that it shall not be canceled, materially changed or not renewed without thirty (30) days prior notice thereof to the Client. E. In the event that the Client consists of two (2) or more municipal or corporate entities, each shall be jointly and severably liable for all payments due the Consultant authorized pursuant to this contract. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party upon thirty (30) days written notice for any reason. B. In the event of termination by the Client, the Client shall pay the Consultant for work completed prior to the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of Client of a final invoice showing work completed and delivery of all materials prepared for the Client for which payment has been made. C. In the event of termination by the Consultant, the Consultant shall forward to the Client on or prior to the termination date any unearned fees or retainers held by the Consultant within thirty (30) days of termination date. ARTICLE 7. OTHER PROVISIONS A. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity if a Court of competent jurisdiction so finds. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant's officers', agents', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. B. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom, but the Consultant shall not be liable for any defense of the City's use of such software, designs, drawings, or specifications when the Consultant has provided written notice of the source of any such materials. C. RECORDS. Consultant shall maintain complete and accurate records of hours worked and expenses involved in the performance of services for a period of no less than thirty six (36) months following said work. D. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. CONDITIONS HEREIN AGREED TO: GRITTMAN CONSULTING, LLC. Stephen W. Grittman, Principal MONTICELLO, MINNESOTA Mayor City Administrator Date Date Date Please Sign and Return One Copy Exhibit A Fee and Rate Schedule Article 2.A.1. -Annual Retainer Amount, billed monthly*: Article 2.A.2. - Private Technical Assistance: Article 2.A.3 - Non -Retainer City Technical Assistance: $50,000.00 $180.00 per hour $165.00 per hour *Retainer inclusive of all direct costs, including routine travel, printing and reproduction, business overhead, or other office expenses related to the attendance at meetings or production of required documents and materials. Other Charges: Expenses related to required travel out of state or overnight (direct cost of travel and hotel, plus per diem). Other routine expenses covered by the Retainer as noted above. • Charges for sub -consultants identified to and approved by the community development/ administration staff beforehand, at a rate to be determined based on personnel -for privately generated work only. (No assignment of projects by consultant to any other personnel may occur without prior approval of the client). • Charges for expert or other testimony arising from legal proceedings involving the community, in which the consultant is called for depositions, witness testimony, general advice, or other purpose, and any related preparation and research - to be invoiced separately at the hourly rate for Privately -initiated Technical Assistance. City Council Agenda: 02/27/23 2L. Consideration to adopt Resolution 2023-30 approving an amendment to the Deephaven 3 Development Contract for development of Lot 2, Block 1, Deephaven 3. Prepared by: Meeting Date: ❑ Consent Agenda Item Community Development Director 3/27/23 ❑ Regular Agenda Item Reviewed by: Approved by: Project Engineer ACTION REQUESTED Motion to approve an amendment to the Deephaven 3 Development Contract for development of Lot 2, Block 1, Deephaven 3. PREVIOUS COUNCIL ACTION January 24, 2022 — Approval of Preliminary Plat, Cross Access Conditional Use Permit (Lots 1, 2, and 3, Block 1 Deephaven 3) February 28, 2022 — Approval of Final Plat and Development Agreement, Cross Access Conditional Use Permit (Lot 4, Block 1, Deephaven and Lot 1, Block 1 Deephaven) February 13, 2023 - Approval of amendment to Development Contract (agreement) for pathway credit and minor amendments REFERENCE AND BACKGROUND The City Council previously approved the Final Plat of Deephaven 3, with corresponding development contract. At this time, the Council is asked to adopt an amended development contract specific to the development of Lot 2, Block 1, Deephaven 3. As a phased commercial plat, the development contract for Deephaven 3 requires that with the development of each of the four individual lots within the plat, a separate development contract amendment be executed. The amended contracts will identify any required land use process and conditions, plans and improvements, and required escrows and securities for each specific lot. At this time, the developer has not yet provided the required landscaping amount for the contract. At the time that is provided, the amount of security will be included in the final document for execution. Lot 2, Block 1 of Deephaven 3 is located at the corner of Cedar Street and Chelsea Road. The amended development contract requires submission of city escrows to cover the review and City Council Agenda: 02/27/23 inspection of the planned public pathway connection along the lot's Cedar Street frontage. Standard grading and landscaping escrows are also required. The developer is proposing a multi -tenant commercial building for the parcel. The parcel is subject to the previously approved Conditional Use Permit for cross -access and the zoning requirements of the B-4 (Regional Business) zoning district. Although located in the overall Pointes at Cedar zoning district, Pointes at Cedar zoning is not applicable to this property if developed prior to February 28, 2024. Budget Impact: Budget impact will be minor and will include expenses in the City Attorney's review of the document. II. Staff Workload Impact: Estimated staff time involved in the preparation and review of the amendment is 3 hours, including discussion with the developer. III. Comprehensive Plan Impact: Not directly applicable. STAFF RECOMMENDED ACTION City staff recommends approval of the amendment to the Deephaven 3 development contract for Lot 2, Block 1. The amended contract is consistent with prior approvals for the plat and Deephaven project area. SUPPORTING DATA A. Resolution 2023-30 B. Amendment to Development Contract, Lott, Block 1 Deephaven 3 C. Finance Plan, Deephaven 3, Lot 2, Block 1, Deephaven 3 CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-30 APPROVING AMENDMENT TO DEVELOPMENT CONTRACT FOR LOT 2, BLOCK 1, DEEPHAVEN 3 WHEREAS, the City had previously approved a final plat of a commercial property, together with a Conditional Use Permit to allow cross access between Deephaven (a residential project), and Deephaven 3 (4 commercial lots); and WHEREAS, the City had previously approved a Development Contract for "Deephaven 3" with assignment of the specific terms and conditions for public improvements and the specific terms and conditions for the plat development; and WHEREAS, on March 27th, 2023 the City Council considered an amendment to the Development Contract for "Deephaven 3" specific to Lot 2, Block 1 Deephaven 3; and WHEREAS, the City Council has considered all of the comments and the staff report, which are incorporated by reference into this resolution, and further makes the following Findings of Fact in relation to the approval: 1. The amendment to the Development Contract supports proposed uses which are consistent with the existing and future land uses in the area in which this parcel is located and the applicable zoning as established under the Deephaven 3 Development Contract. 2. The amendment to the Development Contract continues to support improvements anticipated by the existing and future land uses and which are addressed through standard review and ordinances as adopted. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Monticello City Council approves the amendment to Development Contract for Lot 2, Block 1, Deephaven 3. ADOPTED this 27th day of March 2023, by the City Council of the City of Monticello, Minnesota. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-30 MONTICELLO CITY COUNCIL Z ATTEST: Rachel Leonard, City Administrator Lloyd Hilgart, Mayor AMENDMENT TO DEVELOPMENT CONTRACT LOT 21 BLOCK 1, DEEPHA VEN 3 THIS AMENDMENT TO DEVELOPMENT CONTACT ("Amendment") dated 2023, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City"), and DEEPHAVEN DEVELOPMENT LLC, a Minnesota limited liability company and VALLEY VIEW TOWNHOMES, LLP, a Minnesota limited liability partnership (collectively, the "Developer"). RECITALS A. The City and Developer entered into a Development Contract dated February 21, 2023 and recorded March 3, 2023 with the Wright County Recorder as Document No. A1526718 concerning the platting of Deephaven 3 ("Development Contract") B. The Developer is the fee owner of the property legally described as: Lot 2, Block 1, Deephaven 3, Wright County, Minnesota ("Property"). 225573v1 C. Pursuant to Paragraphs 3 and 4 of the Development Contract, the parties are required to enter into a separate Development Contract for each individually platted lot of Deephaven 3. D. The Developer has requested an amendment to the Development Contract to develop Lot 2, Block 1 of the Property into a multi -tenant commercial building in The Pointes at Cedar District ("Development") E. The City hereby approves the Developer's request for an amendment to the Development Contract subject to the implementation of the recommendations adopted in Resolution No. ; subject to the conditions in said Resolution; subject to the conditions outlined in the Development Contract recorded as Wright County Document No. A1526718; and subject to the Easement and Maintenance Agreement dated March 7, 2023 and recorded March 8, 2023 as Wright County, Minnesota, Document No. A1526994. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEVELOPMENT PLANS. The Property shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may be prepared, subject to City approval, after entering this Contract, but before commencement of any work on the Property. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A — Site Plan Plan B — Final Grading, Drainage, and Erosion Control Plan Plan C — Sanitary Sewer and Watermain Plan Plan D — Civil Details Plan Plan E — Street and Storm Sewer Plan Plan F — Stormwater Management Plan Plan G — Utility Plan Plan H - Street Lighting Plan 225573v1 Plan I - Landscape and Tree Preservation Plans Plan J — Building Plans, fagade elevations and typical architectural design plans Plan K — Sidewalk and Trail Plan Plan L — Sign Plan 2. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets 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 K. Sidewalks and Trails L. Retaining Walls 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 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 or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Council chambers with all parties 225573v1 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 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 § 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 3. DESIGN STANDARDS. The Property shall comply with the applicable Zoning District Regulations set forth in the B-4 Regional Business Zoning District. 4. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Wright County for County Road Access and Work in County Rights -of -Way • Wright County Soil Conservation District • MnDot for State Highway Access • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Monticello for Building Permits 5. TIME OF PERFORMANCE. The Developer shall install all required public improvements by August 30th of the year following the year of recording of this Amendment with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th of the year following installation of improvements, at the direction and in the discretion of the City Engineer. The Developer may, however, request an extension of time 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. Paving of the public streets shall be 225573v1 in conformance with the most current City of Monticello General Specifications and Standard Detail Plans. 6. GRADING PLAN AND CERTIFICATION. The Property shall be graded in accordance with the approved grading plan, stormwater control measures and erosion control plan as set forth in Plan "B". The plan shall conform to City of Monticello specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except as permitted by this agreement or the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. Additionally, the "as constructed" grading plan will include a certification that the grading following construction activities has been undisturbed or has been returned to the state required in the grading plan. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations, and building pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with building footings placed on fill have been monitored and constructed to meet or exceed applicable specifications. 7. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction on the Property, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. The Developer shall pay a penalty of $100.00 a day for each calendar day that the streets are not cleaned in accordance with this paragraph. If the Developer repeatedly fails to clean streets in accordance with this paragraph, the City may, in its discretion, perform the work or contract to have the work completed and bill the costs to the Developer. The City will endeavor to notify 225573v1 the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw down the Irrevocable Letter of Credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Property is in full compliance with the requirements of this paragraph. 8. CITY PLANNING, LEGAL AND ADMINISTRATION. A. The Developer shall submit an escrow deposit for fees for City staff administration and City planning -related expenses associated with processing of the Development and associated administration. Fees for this service shall be at standard hourly rates per the City's adopted fee schedule estimated to be one percent (2.0%) of the estimated construction cost of the Public Improvements and Grading, assuming normal construction and project scheduling. Developer will provide a $2,000.00 escrow, which is separate and in addition to any other escrow funds for this Development. This amount is subject to reconciliation based on actual costs at the completion of the project. B. The Developer shall submit an escrow deposit for fees relating to City legal -related expenses associated with the Development. Fees for this service shall be at standard hourly rates per the City's adopted fee schedule estimated to be one percent (2.0%) of the estimated construction cost of the Public Improvements and Grading, assuming normal construction and project scheduling. Developer will provide a $2,000.00 escrow, which is separate and in addition to any other escrow funds for this Development. This amount is subject to reconciliation based on actual costs at the completion of the Development. C. The fees owed by the Developer to the City under this Section shall be paid from the escrows amounts. Any amounts not utilized from the escrow account shall be returned to the Developer when all the Development has been completed in accordance with this Amendment. If additional escrow amounts are 225573v1 required for such costs incurred beyond the escrow deposit, the Developer shall be billed directly for such costs and there shall be no issuance of occupancy permits until all such obligations have been fully paid. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. A. The Developer shall pay a fee for the City's engineering administration as related to the Public Improvements. City engineering administration will include monitoring of construction observation related to Public Improvements, consultation with Developer and its engineer on status or problems regarding the Development, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be at standard hourly rates per the City's adopted fee schedule estimated to be four percent (4.0%), of the estimated construction cost of the Public Improvements, assuming normal construction and project scheduling. Developer will provide a $2,000.00 escrow, which is separate and in addition to any other escrow funds for this Development, to pay the fees owed to the City under this Section. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full-time inspection of proposed public utilities and will be billed on standard hourly rates per City's adopted fee schedule. The cost of the construction observation is included in the four (4%) estimate. B. The Developer shall pay a fee for the City's engineering administration as related to grading and restoration of the Property. City engineering administration will include monitoring of construction observation related to grading and restoration of the site, consultation with Developer and their engineer on status or problems regarding the Development, coordination for final inspection and acceptance, and processing of requests for reduction in security. Fees for this service shall be at standard hourly rates per the City's adopted fee schedule estimated to be three percent (3.0%), of the estimated construction cost of the subject property grading and restoration cost, assuming normal construction and project scheduling. Developer will provide a $ escrow, which is separate and in addition to any other escrow funds for 225573v1 this Development. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full-time inspection of proposed public utilities and will be billed on standard hourly rates per City's adopted fee schedule. C. The fees owed by the Developer to the City under this Section shall be paid from the escrow amounts. Any amounts not utilized from the escrow account shall be returned to the Developer when all the Development has been completed in accordance with this Amendment. If additional escrow amounts are required for such costs incurred beyond the escrow deposit, the Developer shall be billed directly for such costs and there shall be no issuance of occupancy permits until all such obligations have been fully paid. 10. STORM SEWER TRUNK AREA CHARGE. The Development is subject to a storm sewer area charge of $7,473.20. The area charge is based on the net area of the Property less any area credit for pond area, and is calculated as follows: 1.7 acres x $4,396.00 per acre (Base Fee/Net Acre) _ $7,473.20 The total storm sewer area charge for the Development of $7,473.20 shall be assessed against the Property at prevailing rate if not paid by the Developer in cash at prevailing rate at the time of building permit issuance at Developer's option. If assessed, an interest rate of 1.5% over prime as published in the Wall Street Journal at the time of assessment per annum on the remaining principal balance each year shall apply. 11. SANITARY SEWER TRUNK AREA CHARGE. The Development is subject to a sanitary sewer area charge of $6,995.50. The area charge is based on the gross acres of the Property and is calculated as follows: 1.7 acres x $4,115.00 per acre $6,995.50 The Developer shall be assessed at prevailing rate or shall pay the sanitary sewer area charge at prevailing rate in cash at the time of building permit issuance at Developer's option. If assessed, an interest rate of 225573v1 1.5% over prime as published in the Wall Street Journal at the time of assessment per annum on the remaining principal balance each year shall apply. 12. WATER MAIN AREA TRUNK CHARGE. The Development is subject to a water main area charge of $5,021.80. The area charge is based on the gross acres of the Property and is calculated as follows: 1.7 acres x $2,954.00 per acre = $5,021.80 The Developer shall be assessed at prevailing rate or shall pay the sanitary sewer area charge in cash at prevailing rate at the time of building permit issuance at Developer's option. If assessed, an interest rate of 1.5% over prime as published in the Wall Street Journal at the time of assessment per annum on the remaining principal balance each year shall apply. 13. PARK DEDICATION. Not applicable. Park dedication fees were paid with the platting of Deephaven 3. Park dedication credit as specified within the Development Contract for Deephaven 3 will be paid upon construction of the required 10' sidewalk connection within the Deephaven 3 plat. 14. LANDSCAPING. The Developer shall follow all requirements of the City's Zoning Ordinance requirements and the City approved Landscape Plan. The Developer shall pay a security in the amount of 125% of the estimated landscaping costs for the Development. 15. ADDITIONAL SPECIAL PROVISIONS. The following special provisions shall apply to the Development: A. Implementation of the recommendations listed in the February 23, 2023 engineering report prepared by the City of Monticello. B. Implementation of the recommendations of Resolution No. 2022-001 and 2022- 022for Development approval, including the City Staff recommendation listed in Exhibit Z. C. Developer is required to install a pathway facility consistent with the City's design standards for The Pointes at Cedar District, consistent with the City's Subdivision requirements for collector streets and the Development Contract for Deephaven 3. 225573v1 D. As a condition of the City's final Development approval, Developer will enter into a stormwater easement, a stormwater maintenance agreement, and a cross easement for stormwater purposes satisfactory to the City Engineer. E. The Developer is required to submit all construction record drawings (e.g., grading, utilities, and streets) in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 16. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Amendment which must be furnished to the City prior to the time of final Development approval: Legal (1%) $ 2,000.00* City Administration and Planning (1%) $ 2,000.00* Engineering and Inspection Grading and Restoration (3%) $ 2,500.00* Streets and Utilities (4%) $ 2,000.00* Total Cash Requirements $ 8,000.00* * Fees reconciled to actual expenses at close of project. 17. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ("security") for $X for grading and landscaping. The amount of the security was calculated as follows: Grading $ 5,1 00.00_ Landscaping/Retaining Walls $ X.00 ($X.00 x 125%) TOTAL $ X.00 The bank shall be subject to the approval of the City Administrator. 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 improvements are not completed at least thirty (30) days prior to the renewal of the Security, the City may also draw it down. If 225573v1 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 financial 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 financial 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 financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. 18. DEVELOPMENT CONTRACT. Except as otherwise specifically amended herein, the Development Contract recorded as Wright County Document No. A1526718 shall remain in full force and effect. This Amendment shall be binding on the parties, their heirs, successors and assigns and shall be recorded against the Property in the office of the Wright County Recorder as promptly as possible after it has been executed by the parties. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this day of , 2023. Remainder of page intentionally left blank. Signatures on the following pages. 225573v1 CITY OF MONTICELLO (SEAL) And STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) Lloyd Hilgart, Mayor Rachel Leonard, City Administrator The foregoing instrument was acknowledged before me this day of , 2023, by Lloyd Hilgart and by Rachel Leonard, respectively 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 DRAFTED BY: Campbell Knutson Professional Association Grand oak Office Center I 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 225573vl DEVELOPER: DEEPHAVEN DEVELOPMENT LLC LOW STATE OF MINNESOTA ) ( ss. COUNTY OF ) Mark Buchholz, Its Manager The foregoing instrument was acknowledged before me this day of , 2023, by Mark Buchholz, the Manager of Deephaven Development LLC, a Minnesota limited liability company, on behalf of the entity. Notary Public 225573v1 DEVELOPER: VALLEY VIEW TOWNHOMES, LLP LOW STATE OF MINNESOTA ) ( ss. COUNTY OF ) Its The foregoing instrument was acknowledged before me this 2023, by , the Minnesota limited liability company, on behalf of the entity. Notary Public DRAFTED BY: Campbell Knutson Professional Association Grand oak Office Center I 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JJJ 225573vl day of , of Valley View Townhomes LLP, a MORTGAGE HOLDER CONSENT TO AMENDMENT TO DEVELOPMENT CONTRACT BANK FORWARD, a North Dakota business corporation, which holds the following mortgages on the subject property, the development of which is governed by the foregoing Amendment to Development Contract: (1) Mortgage dated December 11, 2019 and recorded December 12, 2019 with the offices of the Wright County Recorder as Document No. A1413543; (2) Modification of Mortgage recorded February 22, 2022 with the offices of the Wright County Recorder as Document No. A1499335; (3) Construction Mortgage dated June 30, 2020 and recorded July 1, 2020 with the offices of the Wright County Recorder as Document No. A1431672; (4) Assignment of Rents dated June 30, 2020 and recorded July 1, 2020 with the offices of the Wright County Recorder as Document No. A1431673; agrees that the Amendment to Development Contract and the Development Contract shall remain in full force and effect even if it forecloses on its mortgages. Dated this day of , 2023. STATE OF ) ss. COUNTY OF BANK FORWARD, a North Dakota business corporation [print name] Its [title] The foregoing instrument was acknowledged before me this day of , 2023, by the of Bank Forward, a North Dakota business corporation, on behalf of the entity. Notary Public DRAFTED BY: [JJJ] CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000f 225573v1 Deephaven 3 SUMMARY OF EXPENSES/FINANCE PLAN Phased Development Option - Lot 2, Block 1 v2 Total Acres in Plat 6.97 gross 6.97 net Total Lots in Development Total Acres in Phase 1 - Lot 2, Block 1 4 lots 1 outlot 1.7 gross 1.7 net Trunk Area Charges & Assessments 41 Acreage Acres or Credits Net Notes Lot 2, Block 1 Commercial Charge Units Not applicable Assessment Special Assessments Not applicable Storm Sewer VERIFY Sanitary Sewer (gross acres) $4,115 1.7 $6,995.50 Commercial charge/acre paid at prevailing rate at time of permi Watermain (gross acres) $2,954 1.7 Cedar Street Sidewalk $5,021.80 Commercial charge/acre paid at prevailing rate at time of permi Storm Sewer (net acres, base fee) $4,396 1.7 $7,473.20 Commercial charge/acre paid at prevailing rate at time of permi Storm Sewer (net acres, alternate ponding fee) $9,030 NA Not applicable, ponding provided with Deephaven plat Park & Pathway Dedication Park Dedication Required (11%) Park Dedication Expressed as Value Park Dedication Land Area Provided Park Dedication Construction cost credit Not applicable, completed with Deephaven 3 Original Total Park Dedication NA Development Agreement TOTAL E $19,490.50 City Fees/Deposit City Admin & Planning 1.00% $2,000.00 Actual; cost reconciled at project completion, $2,000 min Legal 1.00% $2,000.00 Actual; cost reconciled at project completion, $2,000 min Engineering and Inspection Grading and Restoration 3.00% $2,000.00 Actual; reconciled at project completion; $2,000 min Streets and Utilities 4.00% $2,000.00 Actual; reconciled at project completion; $2,000 min Total City Fees $8,000.00 Improvement Construction Costs (Used to Calculate City Fees/Escrows/Securities) Notes Watermain Not applicable Sanitary Sewer Not applicable Storm Sewer Not applicable Cash escrow provided with Deephaven residential and Cedar Street Sidewalk NA Deephaven 3 Construction total for purpose of calculating other fees $0.00 Lot Corners/Iron Monuments $300 1 lots NA Cash escrow provided with Deephaven 3 Total Construction Cost for the purpose of calculating LOC Maximum allowable reduction prior to acceptance and bond Site Grading (for purpose of calculating escrow) 90.00% Landscaping I Provide estimated cost for lot landscaping x 125% Gradina 1 $3.000 1.7 $5.100 1 City Council Agenda: 3/27/2023 2M. Consideration of approving an amended funding and construction agreement between Wrieht Countv and the Citv of Monticello Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/City Engineer 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve an amended funding and construction agreement between Wright County and the City for Flashing Yellow Arrow (FYA) improvements. PREVIOUS COUNCIL ACTION January 9, 2023: Consideration of authorizing SEH to provide engineering services for the Flashing Yellow Arrow Upgrades project at a total cost of $31,000. February 13, 2023: Consideration of approving a funding and construction agreement between Wright County and the City for Flashing Yellow Arrow (FYA) Improvements. REFERENCE AND BACKGROUND The City of Monticello secured funding from MNDOT's Local Partnership Program (LPP) to upgrade a series of 9 traffic signals to include flashing yellow left turn arrows. The original funding and construction agreement approved by City Council in February included the intersection of Broadway Street at Elm Street; however, the addition of flashing yellow arrows in this location will be completed as part of the Pinewood Elementary Safe Routes to School Project since additional signal modifications are being made as part of that project. Since Broadway & Elm is now part of a different project, Wright County has requested a separate funding and construction agreement for it. The conditions of the agreement remain unchanged. The County will reimburse the City for construction and engineering expenses based on the bid results for the FYA items per the County's latest Cost Participation Policy. Engineering will be reimbursed per the agreement ranging from based on the construction amount. The cost participation for the Elm and Broadway intersection will be made via a right- of-way permit according to the Wright County Cost Participation Policy. Budget Impact: The agreement indicates that Wright County will provide reimbursement in either 2023 or 2024 depending on overall project cost. City Council Agenda: 3/27/2023 II. Staff Workload Impact: Staff time impact will consist of project management. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION Staff recommends approval of the funding and construction agreement. SUPPORTING DATA A. Draft Memo of Understanding B. Wright County Cost Participation Policy Wright County Highway Department 3600 Braddock Ave NE Buffalo, MN 55313 Phone: (763)682-7383 Email: HwyAdmin@co.wright.mn.us VIRGIL HAWKINS, P.E. Highway Engineer CHAD HAUSMANN, P.E. Assistant Highway Engr. PATSY WAYTASHEK Highway Accountant NATE HELGESON Maintenance Superintendent BRIAN JANS Shop Maintenance Superintendent JEREMY CARLSON, P.L.S. Right -of -Way Agent SARA BUERMANN, P.E. Traffic Engineer KEVIN JOHNSON Construction Engineer NICK CARLSON Design Engineer MEMO OF UNDERSTANDING FOR INSTALLATION OF FLASHING YELLOW ARROWS (FYA) AT THE INTERCHANGES OF INTERSTATE HWY 94 AND COUNTY STATE AID HWY (CSAH) 18, INTERSECTIONS OF CSAH 18 AND CSAH 39/75, CSAH 75 AND HOSPITAL/SCHOOL, AND CSAH 75 AND HIGHLAND WAY IN THE CITY OF MONTICELLO, MN Between: the City of Monticello, hereafter called the "City", and the County of Wright, hereafter called the "County", WHEREAS; The City and County are collaborating on a signal improvement project to upgrade the signals at the interchanges of Interstate Hwy 94 and County State Aid Hwy (CSAH) 18, intersections of CSAH 18 and CSAH 39/75, CSAH 75 AND Hospital/School, and CSAH 75 and Highland Way. The City and County desire to upgrade the signal systems to include Flashing Yellow Arrows for the left turn movements at the above referenced locations. The City is the recipient of MnDOT Local Partnership Program (LPP) grant. The grant provides funds to cover a percentage of the eligible signal upgrades and are outlined in Figure 1: Preliminary Cost Estimate. Flashing yellow arrow traffic signals feature a flashing yellow arrow in addition to the standard red, yellow, and green arrows. When illuminated, the flashing yellow arrow allows waiting motorists to make a left-hand turn after yielding to oncoming traffic. The flashing yellow arrow provides more opportunities to make a left turn, decreasing delay. IT IS HEREBY AGREED AND MUTUALLY UNDERSTOOD THAT; The City will provide specifications, obtain cost proposals, inspect and observe the construction of the upgraded signal systems. The City will initiate the coordination & installation of the system after this signed memo of understanding is executed. In accordance with the County's Cost Participation Policy, revised September 20, 2023; the County will share in the initial cost of the material/installation by County leg of the intersections. A preliminary construction cost estimate based on the policy is included. The City will provide engineering services for design and construction administration and inspection. The County will reimburse the City for engineering services for the County's portion of the project based upon the following table. The final reimbursement will be computed using the appropriate % below times the County's portion only of the contract construction cost. From $ 0 Over 50,000 Over 100,000 Over 250,000 thru $50,000 up to 18% thru 100,000 up to 16% thru 250,000 up to 13% thru 500,000 up to 11% An Equal Opportunity Employer—www.co.wright.mn.us/189/Highway of County's Portion of County's Portion of County's Portion of County's Portion Over 500,000 thru Indefinite up to 10% of County's Portion The City Engineer shall prepare a preliminary estimate of construction cost for the project. The preliminary cost estimate shall identify both the City's share and County's share of cost for the project based upon this funding agreement. This preliminary construction cost estimate is shown in Figure 1 of this Agreement. It is intended that the work outlined above is to be done by a contractor on a unit price basis through a contract duly let by the City. When the City awards a contract, the City will prepare a new estimate of the County's share of the construction cost based on the unit prices bid by the City's contractor. A copy of such revised cost estimate will be forwarded to the County Highway Engineer. 4. The City wishes to advance the project to year 2023 for construction/installation. 4. Future maintenance cost will be in accordance with the original signal agreements. 5. No work described herein will begin until this Memo of Understanding has been signed by all parties. For the City: Rachel Leonard City Administrator For the County: Date Wright County Highway Engineer Date Prelimary Cost Estimate Monticello Flashing Yellow Arrows Project Total MNDOT City of Monticello Wright County Description Units Unit Price Quantity Estimated Cost Quantity Estimated Cost Quantity Estimated Cost Quantity Estimated Cost FYATH 25 and School Boulevard Each $60,000 1 $60,000 50% $30,000 50% $30,000 $0 FYA TH 25 and Chelsea Road Each $105,000 1 $105,000 50% $52,500 50% $52,500 $0 FYATH 25 and 1-94 WB Ramp Each $75,000 1 $75,000 100% $75,000 $0 $0 FYA TH 25 and 1-94 EB Ramp Each $80,000 1 $80,000 75% $60,000 25% $20,000 $0 FYA CSAH 18 and 1-94 EB Ramp Each $80,000 1 $80,000 50% $40,000 25% $20,000 25% $20,000 FYA CSAH 18 and 1-94 WB Ramp Each $80,000 1 $80,000 50% $40,000 25% $20,000 25% $20,000 FYA CSAH 18 and CSAH 39/CSAH 75 Each $60,000 1 $60,000 0% $0 25% $15,000 75% $45,000 FYA CSAH 75 and CSAH 39/ Elm Street Each $60,000 1 $60,000 0% $0 25% $15,000 75% $45,000 FYA CSAH 75 and Hospital School Each $60,000 1 $30,000 0% $0 50% $15,000 50% $15,000 FYA CSAH 75 and Highland Way Each $60,000 1 $30,000 0% $0 50% $15,000 50% $15,000 Total $660,000 Total $297,500 Total $202,500 Total $160,000 AMENDED COST PARTICIPATION POLICY (Revised September 20, 2022) Applicable to Cooperative Highway Projects between Wright County and Municipalities. Original Policy adopted by the Wright County Board of Commissioners on March 23, 1993. Adopted by the Wright County Board of Commissioners on May 6, 2014. A. Construction Cost Share — Conventional Project (Projects programmed in the County 5 -year CIP.) Project Items County Share Municipality Share Note Right of Way Based on Scope Based on Scope 1 Retaining Walls/ Retaining Walls in lieu of right of way 50% 50% Clearing and Grubbing 100% 0% Grading 100% 0% 2 Aggregate Base and Surfacing 100% 0% 3 Parking Lanes on 4 -lane or 6 -lane highway 0% 100% 4 Storm Sewer System and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow 5 Culverts 100% 0% Concrete Sidewalk and Pedestrian Ramps 0% 100% 6 Concrete Curb and Gutter 50% 50% 7 Concrete Median and Median Curb 100% 0% 8 Concrete Driveway Entrances (Apron) 100% 0% 9 Municipal Utility Adjustment or Construction 0% 100% Roundabouts By Leg By Leg 10 Traffic Control Signal Systems By Leg By Leg 10 Rural Intersection Street Lighting 100% 0% 11 Decorative/Urban Street Lighting 0% 100% 12 Bridges 100% 0% 13 Trails & Bikeways along county highway 0% 100% 14 Trail/Bikeway Underpass/Overpass 0% 100% 14, 15 Landscaping & Aesthetic Treatments 0% 100% 16 Mailbox Supports (meeting swing -away standards 100% 0% Highway Signs 100% 0% Electronic/Specialty Signs 50% 50% 17 Noise Walls By Negotiation By Negotiation 18 Mobilization Pro -rated by const. share Pro -rated by const. share Erosion Control Pro -rated by const. share Pro -rated by const. share Traffic Control Pro -rated by const. share Pro -rated by const. share Engineering Services Pro -rated by const. share Pro -rated by const. share Federal Cost Sharing Pro -rated Pro -rated 19 Other items By Negotiation By Negotiation Conventional Project Notes 1. Includes permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water treatment basins and wetland mitigation sites. Municipalities are responsible to pay R/W needed for added amenities (parking lane on 4 or 6 lane highways, sidewalk, trails, etc.) 2. Includes grading and removal items. Applies to county highways and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. Applies to county highways and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 4. Parking lane/shoulder on 2 lane highways, per State Aid standards, will be 100% County cost. Includes grading, base and surfacing. Applies to county highways and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 5. Includes catch basins, manholes, storm sewer pipes, outlet structures, grit chambers, and water quality and rate control ponds/basins. The county share is based on the ratio of contributing flow from the right of way to the total contributing flow. After construction of storm sewer system on a county highway, it will be the responsibility of the municipality to maintain the system, ponds/treatment basins. 6. Existing sidewalk/pedestrian ramps impacted by the highway construction will be replaced by the county to meet current ADA standards. Municipality is responsible for ownership and maintenance of sidewalk. Pedestrian ramps that are existing and within the R/W of a highway construction project, but not directly impacted, will be replaced to meet the most current ADA standards, per the Wright County ADA Pedestrian Facilities Transition Plan for County Highway Rights of Way, dated October 2017. The county will participate in funding the pedestrian ramp replacements at 50%. 7. Existing curb and gutter impacted by the highway construction will be replaced in kind by the county. Municipality is responsible for ownership and maintenance of curb & gutter. 8. The county pays for standard median design which is plain concrete. If a municipality requests decorative/landscaped median the municipality pays the additional cost above the cost of a standard median, including future maintenance. 9. Concrete aprons are installed at locations determined by the county. Driveways beyond the apron are constructed in-kind. 10. Applies to new and replacement traffic signal systems/roundabouts. Includes all components that make up a permanent warranted traffic control signal system or roundabout, including Emergency Vehicle Pre-emption (EVP) system (signal system), street lighting, steel poles and mast arms (signal system) installed at an intersection of a county highway and public roadway (including county highway to county highway intersections). The county pays 0% of a signal system or roundabout at a private access/road. The municipality pays 100% of the electrical power costs to the traffic signal/roundabout once construction is complete. 11. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county, and follow the County's current Rural Street Lighting Policy (45 mph or greater). 12. Decorative type and/or corridor lighting along the highway. 13. Applies to Bridges under the County's jurisdiction. Any special/added decorative treatments or amenities above State Aid Standards requested by municipalities will be 100% municipality cost, including any added R/W needed. 14. Applies to trails/bikeways constructed with county highway projects, within county highway right-of-way, only. Stand alone trail/bikeway projects are handled separately. Applies to all costs associated with trail including but not limited to: drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in funding trails/bikeways by covering the cost of grading the trail with the overall grading included in the highway reconstruction project. Additional county funding for regional trails (as identified in the Wright County Trail & Bikeway Plan) may be possible subject to availability of County Park funds (grants, etc.). Existing trails/bikeways impacted by the highway construction will be replaced in kind, at county cost, including any wetland impacts or R/W needed. 15. Underpasses spanning 10 feet or more are considered bridges and will be added to the county bridge safety inspection program. Municipalities owning/maintaining the bridges will be responsible for reimbursing the County for the safety inspection costs. 16. Landscaping & Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. All approved median plantings require irrigation. 17. Design/installation will be subject to approval of the County, and a separate agreement will be needed between the County & Municipality, on a case-by-case basis. Municipality requesting specialty/dynamic signing will be responsible for power costs. Maintenance will be 50% each for County and Municipality. 18. Additional costs for decorative noise walls will be the responsibility of the requesting agency. 19. Federal cost share example: If the municipality's Federally eligible cost participation items amount to 25% (based on county policy) of the overall Federally eligible costs — then available Federal funds would be applied to that cost share at 25%. 2 B. Construction Cost Share — Development Driven Project (Projects not programmed in the County 5 -year CIP) Project Items County Share Municipality Share Note Right of Way 0% 100% 1 Retaining Wall in lieu of right of way 0% 100% 1 Clearing and Grubbing 0% 100% 1 Grading 0% 100% 1 Aggregate Base and Surfacing 0% 100% 1 Parking Lanes on 4 -lane or 6 -lane road 0% 100% 1 Storm Sewer and Ponds/Treatment Basins 0% 100% 1 Culverts 0% 100% 1 Concrete Sidewalk 0% 100% 1 Concrete Curb and Gutter and Pedestrian Ramps 0% 100% 1 Concrete Median and Median Curb 0% 100% 1 Concrete Driveway Entrances (Apron) 0% 100% 1 Municipal Utility Adjustment or Construction 0% 100% 1 Roundabouts 0% 100% 1 Traffic Signals 0% 100% 1 Intersection Lighting 0% 100% 1 Street Lighting 0% 100% 1 Bridges 0% 100% 1 Trails along county highway 0% 100% 1 Pedestrian Underpass/Overpass 0% 100% 1 Landscaping 0% 100% 1 Aesthetic Treatments 0% 100% 1 Highway Signs 0% 100% 1 Electronic/Specialty Signs 0% 100% 1 Noise Walls 0% 100% 1 Mobilization 0% 100% 1 Erosion Control 0% 100% 1 Traffic Control 0% 100% 1 Engineering Services 0% 100% 1 Other items 0% 100% 1 Development Driven Project Note 1. Development Driven Projects are projects that are not currently programmed in the county 5 -Year C.I.P. and due to the nature of the development(s) require improvements to the county highway system are necessary for safety/capacity/access due to imminent development or to stimulate development. Lacking an agreement stating otherwise between the county & municipality, the county would participate in costs to improvements to the county highway system that are necessary for safety/capacity/access due to a development driven project as shown in section B above. Access to the county highway system, due to development, will be based on an Agreement/Access Permit between the county & municipality that spells out the necessary improvements needed to the county highway system (based upon an independent traffic study at no cost to the county). 3 C. Maintenance - Maintenance of county highways constructed under this policy will be as follows unless specified differently in a separate maintenance agreement. This Maintenance Policy will apply to both Conventional Projects and Development Driven Projects. 1. The county is responsible for maintenance of the county highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, pavement markings (excluding crosswalks) and sign replacement. In addition, the county is responsible for routine maintenance outside the edge of shoulder and within the right of way of a rural county highway. The county may enter into agreements with municipalities to perform highway maintenance. 2. The municipality is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, pedestrian ramps, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the right-of-way of an urban county highway. The county is responsible for standard concrete medians. 3. The county is responsible for maintenance of bridges and culverts on the county route. 4. The municipality is responsible for maintenance of its utilities and storm sewer systems including detention/treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. 5. The county is responsible for maintaining roundabouts on the county route with the exception of island landscaping and aesthetic treatments which are the responsibility of the municipality. 6. Unless stipulated by special agreement, the county will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at county highway intersections with local public roadways and private streets. The municipality is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 7. The maintenance responsibility for street lighting shall be in accordance with the current County Rural Street Lighting Policy. 8. The municipality is responsible for the maintenance of decorative/corridor street lights. 9. The municipality is responsible for maintaining municipality owned trails/bikeways within the county highway right-of-way. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation, as governed by the Wright County Trail & Bikeway Plan. 10. The municipality is responsible for maintaining pedestrian underpasses and overpasses. 11. The municipality is responsible for maintaining marked crosswalks along county routes, in accordance with the County's marked crosswalk policy. 12. The county is responsible for maintaining highway signs. 13. The county is responsible for maintaining electronic/specialty signs. The costs of maintenance will be shared at the same percentage as the original installation. 14. Maintenance of noise walls is the responsibility of the agency paying for the initial installation. 12 City Council Agenda: 3/27/2023 2N. Consideration of approving a contract with McDowall Company for the replacement of the boilers at the Monticello Public Library in the amount of $59,700 Prepared by: Meeting Date: ® Consent Agenda Item Public Works Director/City Engineer 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: Facilities Maintenance Manager City Administrator ACTION REQUESTED Motion to approve a contract with McDowall Company for the replacement of the boilers at the Monticello Public Library for a cost of $59,700. REFERENCE AND BACKGROUND The boilers at the library are approximately 30 -years old and have reached the end of their life. The boilers will be replaced with similarly sized, high -efficiency boilers. Staff obtained three quotes for replacing the boilers, and McDowall Company was the lowest bidder at $59,700. A rebate from CenterPoint Energy in the amount of $1,990 is also expected for this project. Budget Impact: The 2023 budget includes $60,000 for this replacement. II. Staff Workload Impact: Facilities staff will be involved throughout this project. III. Comprehensive Plan Impact: The Monticello 2040 Comprehensive Plan includes a chapter specifically addressing maintenance of city facilities. The chapter's intent is to ensure that community facilities maintain existing high standards and continue to serve the public. STAFF RECOMMENDED ACTION City staff recommends approval of a contract with McDowall Company for this boiler replacement. SUPPORTING DATA • Verbal/Written Quote Summary Sheet CITY OF MONTICELLO VERBAL/WRITTEN QUOTE SUMMARY SHEET Minimum 2 verbal or written quotes required for items/ services costing at least $1,000 but less than $2,500. Minimum 3 written quotes required for items/services costing at least $2,500 but less than $10,000. No Quotes are required for items purchased through state cooperative purchasing venture. Use this form to summarize quotes received and to select vendor for award. Name: Jerry Hanson Dept: _Facilities Maintenance Phone: 763-271-7114 Signature of Person Obtaining Quotes: Jerry Item/Service Requested: Library Boiler Note: If you are unable to obtain required number of quotes, provide an explanation below in notes/comments. # Date Vendor Name Contact Person Phone Number Total $ Amount Quoted 1 3/16/23 McDowall Company Terry Bottema 320-309-4993 $59,.700.00 2 3/8/23 Climate Makers Scott David 763-786-5999 $59,900.00 3 2/16/23 UHL Company Jake Lehman 612-807-5374 $60,395.00 4 5 Selected Vendor: McDowall Company (If you are selecting other than low quote, you are required to provide written justification as to why low quote was not selected in the notes/comments section): Notes/comments: Approval Acknowledgement: Date: Attach this form and written quotes obtained to invoice. Questions may be directed to the Finance Department. Quote Summary Sheet 10/27/2015 City Council Agenda: 3/27/2023 20. Consideration of appointing Lisa Bush to the Monticello Library Board for a term expiring on December 31, 2024 Prepared by: Meeting Date: ® Consent Agenda Item Human Resources Manager 3/27/2023 ❑ Regular Agenda Item Reviewed by: Approved by: N/A City Administrator ACTION REQUESTED Motion to approve appointment of Lisa Bush to the Library Board for a term expiring on December 31, 2024. REFERENCE AND BACKGROUND City Council is asked to appoint a representative to the Monticello Library Board to fill the remainder of Julie Spiers' term which was vacated late last year. The Library Board received three applications that were reviewed by the Board at their regular meeting on March 14. Based on the application materials submitted, Lisa Bush was recommended to fill the vacancy. Budget Impact: There is no budgetary impact from appointing new Library Board members. II. Staff Workload Impact: There is minimal staff impact. III. Comprehensive Plan Impact: N/A STAFF RECOMMENDED ACTION City staff and the Monticello Library Board recommend appointing Lisa Bush for the remainder of the term expiring December 31, 2024. SUPPORTING DATA • Lisa Bush Application PREFERENCES ARE YOU WILLING TO RELOCATE? ❑Yes ■No ❑Maybe WHAT TYPE OF JOB ARE YOU LOOKING FOR? TYPES OF WORK YOU WILL ACCEPT: EDUCATION LB Verified No Education History WORK EXPERIENCE LB Verified No Work Experience EMPLOYMENT APPLICATION POSITION TITLE: Library Board Member (Volunteer) City of Monticello Received: 1/23/23 Ciry oe 505 Walnut Street 532 PM For Official Use Monticello, Minnesota - 55362 Only: Monticello httpJ/y .ci.monticello.mn.us (http://w .ci.monticello.mn.us) QUAL miNNFsnrn Bush, Lisa DNQ: HIGHEST LEVEL OF EDUCATION: Doctorate Library Board Member (Volunteer) ❑Experience ❑ Training ❑ Other: PREFERENCES ARE YOU WILLING TO RELOCATE? ❑Yes ■No ❑Maybe WHAT TYPE OF JOB ARE YOU LOOKING FOR? TYPES OF WORK YOU WILL ACCEPT: EDUCATION LB Verified No Education History WORK EXPERIENCE LB Verified No Work Experience PERSONAL INFORMATION POSITION TITLE: Library Board Member (Volunteer) Job Number: 2022-00029 NAME: (Last, First, Middle) Bush, Lisa PERSON ID: 52602202 ADDRESS: (Street, City, State, Zip Code) EMAIL ADDRESS: NOTIFICATION PREFERENCE: Email DRIVER'S LICENSE: Yes State: MN Number: R............7 LEGAL RIGHT TO WORK IN THE UNITED STATES?: ■Yes ❑ No HIGHEST LEVEL OF EDUCATION: Doctorate PREFERENCES ARE YOU WILLING TO RELOCATE? ❑Yes ■No ❑Maybe WHAT TYPE OF JOB ARE YOU LOOKING FOR? TYPES OF WORK YOU WILL ACCEPT: EDUCATION LB Verified No Education History WORK EXPERIENCE LB Verified No Work Experience CERTIFICATES AND LICENSES Nothing Entered For This Section SKILLS OFFICE SKILLS: Nothing Entered For This Section OTHER SKILLS: Nothing Entered For This Section LANGUAGE(S): English ■ Speak ■ Read ■ Write SUPPLEMENTAL INFORMATION Nothing Entered For This Section REFERENCES Nothing Entered For This Section Agency - Wide Questions 1. Are you at least 16 years old? Yes 2. Are you at least 18 years old? Yes 3. How did you hear about this position? City of Monticello Website 4. If you marked "Other" please specify. Job Specific Supplemental Questions 1. Why are you interested in serving on the Library Board? Put another way, perhaps the real question should be why wouldn't a lover of books want to volunteer on their local Library Board? That was certainly the first question I asked myself when I saw the posting on the City of Monticello's Facebook page. As an individual who loves to immerse myself in a different world or experience a different perspective through reading, I am becoming more concerned of late by the increasing number of news articles I'm seeing regarding the banning of books in schools. While school libraries certainly have their own issues to confront and manage that may be different than those of a public library; I recently learned of two pending Bills in the North Dakota State Legislature (HB 1205 and SB 2123) seeking to ban, or at the very least strictly regulate, certain types of books in all public libraries. This was the first time that I had seen or heard of an initiative to potentially ban certain books in all public libraries of a certain area. My book loving heart cringes at the thought. To me, libraries represent hope and provide encouragement for individuals to dare to dream. It is a core service that can allow a community to thrive. For some, it is an escape by immersing oneself into a different place for a while by reading or listening to a good novel. For others it is a chance to learn and grow, by learning something new or delving deeper into an area one is already passionate about. And yet for others, it is the ability to access the internet and technology. A library is also a gathering space for a community to come together and connect through various programming options like story time, game night, a study space, or a meeting space. But most importantly, a library provides everyone in a community (regardless of background, experience or circumstances) access. Libraries provide various forms of access to the community: access to knowledge; access to one's own imagination; access to new experiences or opportunities; access to other members of the community; access to space (to meet or study or read, etc); access to the broader world beyond our own community; and access to a wide variety of content in various formats. The Monticello Library Board, in collaboration with the Great River Regional Library System to which the Monticello Library is a branch of, will need to carefully evaluate and balance various needs and concerns regarding all types of Library access. That access should be protected for everyone and nourished so that individuals, and our community, can continue to thrive by experiencing a wide range of content and opportunities. In order to ensure that Monticello continues to have a thriving library in our community that provides broad, balanced access, individuals who are passionate about what libraries represent and their role in a community, must step-up to participate in overseeing its maintenance and safeguard its access for our community. As a user of various public libraries over the years for various reasons, I am a firm believer in the importance of having access to a thriving library in our own local community and the role it can play in the lives of families and individuals alike. If I am selected as a volunteer member of the Monticello Library Board, I look forward to the opportunity to serve my local community in an area that is near and dear to my heart and ensure our local library continues to provide invaluable access and opportunities to all members of the Monticello Community so we can all thrive together. With that said, I am now off to the favorite part of my day... reading books to my son 2. Please list your qualifications for this volunteer appointment. Please see attached Resume. in addition to that I would point out: 1. 1 am a lover of books. 2. 1 recognize the need of thriving library community in our area 3. 1 have excellent research and analysis skills 4. Great communicator 5. 1 volunteering in my local community is important to me if I can find the right opportunity. 3. Please list all city boards, commissions, or committees you're currently serving on or have served on in the past. None. By clicking on the Accept & Submit' button, I hereby certify that all of the information provided by me in this application (or any other accompanying or required documents) is correct, accurate and complete to the best of my knowledge. 1 understand that the falsification, misrepresentation or omission of any facts in said documents may be cause for denial of employment or immediate termination of employment regardless of the timing or circumstances of discovery. I understand that submission of an application does not guarantee employment. I understand that none of the documents, policies, procedures, actions, statements of the City of Monticello or its representatives used during the employment process is deemed a contract of employment, real or implied. In consideration for employment with the City of Monticello, If employed, I agree to conform to the rules, regulations, policies and procedures of the City of Monticello at all times and understand that such obedience is a condition of employment. I understand that if offered a position with the City of Monticello, I may be required to submit to a drug screening and background check as a condition of employment. I understand that unsatisfactory results from, refusal to cooperate with, or any attempt to affect the results of these pre-employment tests and checks will result in withdrawal of any employment offer or termination of employment if already employed. With my signature below, I am providing the City of Monticello authorization to verify all information I provided within this application, including contacting current or previous employers. However, I understand that if, in the Employment Experience section I have answered "No" to the question, "May we contact your current employer?", contact with my current employer will not be made without my specific authorization. This application was submitted by Bush, Lisa City Council Agenda: 03/27/23 4A. Consideration to adopt Resolution 2023-31 formally commenting to the Monticello Orderly Annexation Area Board related to a request for rezoning of property within the MOAA, adjacent to the City boundaries. Applicant: City of Monticello Prepared by: Meeting Date: ❑ Consent Agenda Item Northwest Associated Consultants 3/27/23 ® Regular Agenda Item (NAC) Reviewed by: Approved by: Community Development Director, City Administrator Chief Building & Zoning Official, Community and Economic Development Coordinator ACTION REQUESTED Motion to adopt Resolution No. 2023-31, a resolution stating formal City comment on an application pending before the Monticello Orderly Annexation Area (MOAA) Board for a rezoning of property within the MOAA, adjacent to City boundaries. REFERENCE AND BACKGROUND Property: PID #: 213-000-183101; 213-000-184203 Planning Case Number: None Request(s): Consideration of a resolution stating an official comment by the City of Monticello related to a request for rezoning of property in the MOAA. Deadline for Decision: Regulated through MOAA staff and application process Land Use Designation: Transition Area (Wright County); Employment Campus (City of Monticello) Zoning Designation: General Agriculture (MOAA Zoning) Overlays/Environmental Regulations Applicable: NA Current Site Uses: Vacant/Storage City Council Agenda: 03/27/23 ANALYSIS: The Monticello Orderly Annexation Area (MOAA) Board has been presented with an application from Mike Schneider for the proposed rezoning of two parcels of land bounded by Interstate 94 on the north/northeast and East Broadway on the West/Southwest. The parcels consist of approximately 8.5 acres of land and abut Monticello city boundaries on the 1-94 and East Broadway sides. A sliver of state-owned property (mostly slope supporting the 1-94 overpass) is currently within Monticello Township boundaries, keeping the parcels in question from being completely surrounded by City lands. The intent of the Orderly Annexation Agreement and the MOAA Board is to specifically facilitate the orderly extension of urban development. Wright County's Northeast Quadrant Land Use Plan guides lands within the Orderly Annexation Area as Transition Area; when land use requests for projects within the MOAA boundary are received, the MOAA board is the authority having jurisdiction per the agreement. City staff's review and recommendation are based on this intent of the agreement. While the City provides two of the five Board members, who are called to represent the City in their best judgement related to MOAA Board decisions, the MOAA Agreement specifically states the right for official City comment when rezonings in the MOAA are proposed. This clause notes that the original zoning is to remain in place, except when the MOAA Board votes by supermajority (at least 4 of 5 members) to rezone property, and further makes specific provision for City (and Township) comment on the rezoning request. The purpose of this clause is to provide assurance to both parties that no changes are made that would conflict with the intent and expectations of the joint MOAA agreement. The current zoning of the property is General Agriculture, consistent with the general expectation of MOAA property until it is ready for development. Under the City's Orderly Annexation Agreement with Monticello Township, lands remain undeveloped in the MOAA until they are ready for services and annexation. The MOAA Agreement uniformly speaks to development as an aspect of the annexation process, and the provision of urban services to annexed property. The applicant's proposal would rezone the property from its current Agriculture designation to B-2, the County's (and MOAA's) "General Business District." The District provides for an array of business uses of property, all by Conditional Use Permit, as well as a few non -business uses, including single-family residential. The applicant's narrative does not include a plan for development or uses at this time; it is only a request for rezoning. The applicant supports his requested rezoning by citing elements of the County's Land Use Plan and document for the Northeast Quadrant. This document notes these areas "... are to be City Council Agenda: 03/27/23 developed in such a way as to provide for future service provision and potential "re -division" in case annexation in the adjoining city takes place in the future." The applicant further supports the request with the claim that the use is consistent with the City's Monticello 2040 Comprehensive Plan, and the applicable land use and zoning recommendations of that document. The applicant contends that the County's B-2 district is consistent with the City's designation of Employment Campus for the site in question. However, there are two primary concerns with this reliance. First, any development in the Transition Area is to accommodate future service provision if annexation occurs. While development in the MOAA's B-2 district would not prohibit extension of utilities, as a practical matter, development would create challenges for efficient future utility extension. The cost of such extensions is borne primarily by the developer of property, paying for the services they receive as a measure of the increase in value and development capacity of the development land. However, if developed without such utility services, the extension becomes much more expensive after the fact, and the incremental increase in development capacity rarely results in a conversion to full utility connections. As a result, while the utilities may be available to be extended, it is unlikely the eventual owners will be willing to absorb the expense of making the extension. Once developed at rural capacity (with private well and septic system), it is only near the end of the useful life of those investments (usually 20 years or more) that most property owners find it economically feasible to completely redevelop and upgrade to City water and sewer— meaning that the property effectively stays developed at a rural level for that period. The second element raised in the contention is that the rezoning would be "consistent with the City's long-term plan". The MOAA's B-2 District allows the following types of uses, summarized for brevity: • Hospitality (Hotel, motel, restaurants, clubs, indoor recreation/entertainment etc.) • Retail (General retailing, liquor, etc.) • Commercial services (day care, auto service, etc.) • Office uses (including medical offices, etc.) • Various Industrial uses (Wholesale business, passenger/freight transportation, industrial uses with retail sales, solar energy farms and systems, etc.) • Single Family Homes. While some aspects of this district are consistent with the City's long-term land use plan, many that are not. The Employment Campus land use pattern is intended to correspond with Industrial districts, that have some very limited commercial crossover uses, but rely much more prominently on office and light manufacturing as the primary use. Since the listed uses are City Council Agenda: 03/27/23 Conditional, there is a legal presumption that they would be allowed if the MOAA's B-2 zoning were applied to the property. In addition, if rezoned, it will be the jurisdiction of the MOAA to review future Conditional Use Permit requests. As such, the rezoning of the property appears to conflict with both the Transition Area and the MOAA directives which are intended to preserve lands in these areas for urban development with urban services; AND, that the proposed land use is required to be consistent with the City's land use planning for the area. Uses incorporated under a rural development zoning, without sewer and water, and which are likely to be inconsistent with the City's plans, are at odds with these purposes. Finally, staff notes that even if the uses proposed by the applicant were found to be consistent with the City's plans, the expectation is that annexation occurs, and utilities are extended. In short, the applicant's final comment in the application narrative is correct, but only in part. That comment is as follows: "In order to develop this Land consistently with the City's long- term Plan and meet the City's economic objectives, the Land will need to be rezoned." Unstated here, but critical to compliance with the plans and agreements, is that the rezoning should be an aspect of annexation, utility extension, and development under City land use regulations. The City would encourage a discussion with the applicant to explore annexation as a consideration in relationship to their land use goals. This item is scheduled for a public hearing and consideration by the MOAA April 12, 2023. I. Budget Impact: The Planning & Zoning Miscellaneous Professional Services line item accommodates the review and preparation of the staff report for this item. II. Staff Workload Impact: Staff and consulting City Planner time spent in review of the application is estimated at 6 hours at this time. Additional time will be spent in review of the MOAA staff report from Wright County Planning and Zoning staff, as well as attendance and any necessary follow-up resulting from the MOAA meeting. Comprehensive Plan Impact: The Monticello 2040 Plan designates the subject property as Employment Campus, which implies a zoning of Industrial Business Campus. This further implies annexation and utility service extensions to properly serve urban development under those districts. The proposed rezoning is inconsistent with the framework of the Transition Area land use and the MOAA agreements, which require that lands in these areas are to be used only in expectation of annexation and full utility extension. Without these, the development as proposed negatively impacts the City's Comprehensive Plan policies and objectives. STAFF RECOMMENDED ACTION City Council Agenda: 03/27/23 Staff recommends adoption of Resolution No.2023-31, requesting that the MOAA Board reject the rezoning of the subject property from its current status to B-2, General Business District. The rezoning is inconsistent with the directives of the Transition Area as stated in the County's land use documents, and further inconsistent with the intent of the Monticello Orderly Annexation Area Agreement. SUPPORTING DATA A. Resolution No. 2023-31 B. Aerial Site Image C. MOAA Application Narrative D. Wright County NE Quadrant Land Use Plan, Excerpts E. Monticello 2040 Land Use Plan F. MOAA Zoning Ordinance, Excerpts G. Monticello Orderly Annexation Agreement CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-31 RECOMMENDATION OF THE CITY OF MONTICELLO TO THE MONTICELLO ORDERLY ANNEXATION BOARD FOR DENIAL OF A REZONING TO B-2, GENERAL BUSINESS OF CERTAIN PROPERTY WITHIN THE MOAA BOUNDARY WHEREAS, the applicant has submitted a request to the Monticello Orderly Annexation Board for a rezoning of the following parcels to B-2, General Business under the County (and thus the MOAA) zoning: PID 213-000-183101; PID 213-000-184203 and; WHEREAS, the site to be rezoned is situated at a location which is largely abutting City of Monticello boundaries; and WHEREAS, the proposed use and development of the area is contemplated and directed by the MOAA Agreement and the Wright County Comprehensive Plan to be eventually annexed and provided with urban utility services; and WHEREAS, the City's land use plan calls for the long-term use of the land as Employment Campus; and WHEREAS, the County's B-2 zoning district accommodates a wide variety of potential uses, many of which are inconsistent with the City's land use plans; and WHEREAS, the uses, if developed prior to annexation and City utilities, will tend to discourage, if not economically prohibit, the extension of said utilities; and WHEREAS, such development would have the impact of countering the plans of the City in this area, and therefore countering the express objectives of both the County's Transition Area and the City and Township's expectations under the MOAA Agreement; and WHEREAS, the City Council has considered all of the various comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the City Council of the City of Monticello makes the following Findings of Fact in relation to the request: 1. The proposed zoning as General Business and the allowable uses within the MOAA General Business zoning district are inconsistent with the existing and future land uses in the area in which they are proposed to be located. CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-31 2. The proposed development of the land without annexation and extension of City utility services will tend to obstruct such extensions for a significant number of years. 3. The purpose of the MOAA Agreement is to preserve land currently in the Township until it is ripe for urban development. 4. Once ready for urban development, the MOAA Agreement expects that City utilities will be extended to the property, the property will be annexed to the City, and the development will occur under City land use regulations. 5. If developed prior to such annexation and utility extension, the rural uses will be out of character, and inconsistent with, both the County Transition Area land use designation and the City and Township's Orderly Annexation Agreement (MOAA). 6. To be consistent with the MOAA Agreement and the Transition Area land use designation, no development should occur that is inconsistent with allowable General Agricultural zoning as long as property is still in the MOAA jurisdiction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, that the Monticello City Council requests that the Monticello Orderly Annexation Area Board votes to deny the application for rezoning on the subject parcels noted herein based on the findings in this resolution, and/or any other findings that the Board shall see fit to adopt. ADOPTED this 27th day of March, 2023, by the City Council of the City of Monticello, Minnesota. ATTEST: Rachel Leonard, City Administrator MONTICELLO CITY COUNCIL Z 2 Lloyd Hilgart, Mayor Subject Parcels Annexation Area i____; City Boundary Parcels ITY OF Monticello 1 in = 854 Ft N A March 22, 2023 Map Powered By Datafi wsb uV Ow;l Monticello Orderly Annexation Area Joint Powers Board APPLICATION Wnticel Return Before _ Tor Hearin n q �'` to ay o Y Wright County Planning & Zoning 3550 Braddock Ave NE, Suite 1600 Buffalo. MN 55313.1185 (763) 682-7338 DATEI—lb7 TAX PARCEL#(s) TOWNSHIP N.ANIE APPLICANT PRESENTZONING DISTRICT Last name. PHONE 1l' ctl 1 " ' zEMAIL, MAILING ADDRESS PROPERTY ONVNER . (If other than Applicant) 411 3 I ila MIMI, Initial Lea ran a First Middle burial PHONE: mm 77 ( 7 c PROPER '1'Y ADDRESS _i_3Z '� street Qty Siula �-iP DESCRIBE NATURE OFREQUEST (attach extra sheets a9 necessary) File 111t)rlinillon In this application is Ime and correclto the beet of my knowledge and ihilily. I undu>t and and agree and even if this application is accepted Its complete. the lammng Cnmmis_.mn or Office of Planning and Zoning may require additional p opem descriptions, property curvets site plans, building plans, and other infonnaliou either hclitr: ur aiier this reques receives a public hearing. I understand Thal the applicalinn may 6c dismLsed or tenet it I do not supplement my application as requested I unAcntand That them o or, refund of fees alter the first public hearing, and only 701,1. or the fees will be refunded after any internal review has taken place or notices here been 5,111 Nt, uppi rcatlot for a Conditional Use Perna shall he resuhnimed for a ported of six months from the date of Said ortler a] denial. Conditional Use Permits 111,111 he valid Thr six months unless otherwise sliQuifled.:W conditions in a Conditional Use Pemn shall be commenced within six months laid shall be complied %van within one ,car unless olhmcrse,,pceificd I have read the application materials ,nil agree to follow the policies mid procedures of fire Wright County Planning Commission and I consent. in the even a site inspection is requested. to the public entering in) property pursuant I,, the Minnesota Open ivleeting Law. APPLICANT SIGNATURE _ DATE PROPERTY OWNER'S SIGNATIIRF._ DATE 3 $` 23 _ _._---..._.._ __ ..__--- (If other than Applicant) '•••oft -ice Use Only"" .Application Number: TYPE OF ZONING REQUEST: (check all that apply) 1. 1 and Alteration Permit 2. _.vlining,( 3. Conditional Use Permit; Type — 4. Rezoning Proposed Zoning District [-+t S. _ Subdivision: Type 6. _Text Amendment 7, Homestead Business R. _ Other -_.__. Has this property been involved in�a request :;ewn obtain a�iance, deed restriction ora conditional use permit? 1K_Yes —,No If yes, pull relevant files listed: b"� !% TOWNSHIP BOARD approvalidenial is required before Planning Commission will act (contacts and meeting dates are enclosed). _ Datc .Approved Date Denied APPLICATION IS COMPLETE (Zoning Administrator must date & initial before it is considered complete)Dateal�- d� APPLICATION FILED DATE ,3/ �3 HEARING DATE 60 DAY EXPIRATION DATE <)T � 120 DAY" EXPIRATION DATE O% FEE S�hecks payable to: Wright County Treasurer RECEIPT # 0i DATE. �f Attachment to Application This is a request to rezone the property from residential to General Business District (B-2). Currently, the Land is located within the Orderly Annexation Agreement between Wright County and the City of Monticello. Wright County designates the Land as lying within the "Transition Area" for land use purposes. Under the County Land Use Plan, it states, "Transition Areas should be developed in such a way as to provide for future service provision and potential "re division" in case annexation into the adjoining city takes place in the future." Wright County Land Use Plan: Northeast Quadrant (NEQ) Land Use Plan Buffalo, Monticello and Rockford Townships, page 52. This request is also consistent with the City's long-term plan, as it lies within the Industrial and Business Campus District ("IBCD"), as designated in the City's 2040 long-term plan. The current zoning district is inconsistent with the City's long-term plan and amending the GBC will be consistent with the City's Plan. The permitted uses under the B-2 General Business District are consistent with the intended purposes of the IBCD, as both permit the development of the land for various business and industrial uses to provide employment opportunities. Moreover, the change will help support the City's intention of expanding and diversifying its community employment, by adding additional commercial property to be developed. In its plan, the City has noted that in order to meet its economic development objectives, more land needs to be dedicated for employment generating uses. As it stands, it cannot be developed for commercial purposes because it is zoned as residential. Furthermore, the Land lies within the City's designation of a primary growth area, as shown the Growth Strategy Map of the City's Land Use, Growth, and Orderly Annexation Plan. In order to develop this Land consistently with the City's long-term Plan and meet the City's economic objectives, the Land will need to be rezoned. Legal Description The North Half of the Southwest Quarter (N %z of SW '/4) and the Southeast Quarter of the Northwest Quarter (SE '/4 of NW '/4) of Section Eighteen (18), Township One Hundred Twenty -One (121), Range Twenty-four (24), lying Northeasterly of the Northeast right of way line of Wright County Highway No. 75, and lying Southwesterly of the Southwesterly right of way line of Interstate No. 94, according to the U.S. Government survey thereof, Wright County, Minnesota. All that part of the West Half of the Southeast Quarter of Section 18, Township 121, Range 24, lying Northeasterly of the Burlington Northern Railway Right of Way and Southeasterly of Interstate 94, Wright County, Minnesota. LESS AND EXCEPT That part of the Northeast Quarter of the Southwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 18, Township 121 North, Range 24 West, Wright County, Minnesota, lying northeasterly of the northeasterly right of way line of Wright County Highway No. 75, and southwesterly of the southwesterly right of way line of Trunk Highway No. 94, as both highways are now located and established; which lies northerly of Line 1 described below: Line I: Commencing at the west quarter corner of said Section 18; thence easterly on an azimuth of 90 degrees 59 minutes 00 seconds along the east and west quarter line thereof for 1834.62 feet; thence on an azimuth of 283 degrees 42 minutes 55 seconds for 269.43 feet; thence on an azimuth of 284 degrees 47 minutes 29 seconds for 155.30 feet to said northeasterly right of way line and the point of beginning of Line I to be described; thence on an azimuth of 104 degrees 47 minutes 29 seconds for 155.30 feet; thence on an azimuth of 103 degrees 42 minutes 55 seconds for 269.43 feet to said east and west quarter line of Section 18; thence continue on an azimuth of 103 degrees 42 minutes 55 seconds for 21.64 feet; thence on an azimuth of 110 degrees 03 minutes 15 seconds for 295.91 feet to said southwesterly right of way line and there terminating. (Current Wright County PID Nos. 213.000.184203 and 213.000.183101) Land Use Plan Northeast Quadrant (NEQ) Land Use Plan Buffalo, Monticello and Rockford Townships July 31, 2007 Shaping NE Wright County's Future Wright County Office of Planning and Zoning 10 Second St. NW Room 140 Buffalo, MN 55313 Recommended on July 12, 2007 by the Wright County Planning Commission As Adopted on July 31, 2007 by the Wright County Board city, but also on surrounding areas and the County as a whole. The County will cooperate with cities whenever possible to ensure adequate levels of public services. The service levels should be maintained at a level that adequately serves the residents. The County and cities should continue to plan jointly in the future to ensure sound planning. Cities Policy 4: Annexation The County will support annexation of land to a municipality if: • The annexation is consistent with the municipal and County Land Use Plans; • The area to be annexed is a logical expansion of the municipality; • It is demonstrated with specific plans that development at urban densities is imminent; • Municipal services (central sewer and water, paved roads), provided by the annexing municipality, will be available at the time of development; • Planning for stormwater runoff and protection of natural resources will be completed prior to development, and; • The annexation of additional land is necessary to accommodate development, and the supply of developable land within the city is limited. Transition Areas The NEQ of Wright County is expecting significant growth over the next 15-20 years. The County has a policy that most growth be directed toward the cities. In order to accommodate this continued growth pressure, cities will need to annex land and provide municipal services to this land. The County is not advocating more annexation than is needed to accommodate a reasonable amount of growth. The purpose in establishing the transition area is to properly manage the land at the urban/rural fringe. Management of these areas consists of identifying and designating areas to economically and efficiently accommodate growth pressures. The proper management of these areas will avoid premature annexation, prohibit large lot residential Wright County Land Use Plan Page 67 development that would make provision of municipal services unnecessarily expensive, and limit the possibility of incompatible future land uses. The cities of the NEQ have already completed or are in the process of developing their comprehensive plans to guide the use of land and the installation of utilities in the future. As part of the comprehensive planning process, the cities have analyzed their land use requirements and public utilities systems needed to serve projected growth. It should be noted that the County has reviewed the cities' comprehensive plans and in some instances notes that the growth plans and projections are overly aggressive based on past trends and availability of sewer capacity without major wastewater treatment plant expansions. In some cases, the annexation areas proposed are significantly larger than land needs described within the same plan. In an attempt to mediate the natural conflict between a Township's natural resistance to losing land to a city, and these city growth projections, this planning process has asked cities to look as close as possible at limiting future growth projections to realistic abilities to service and develop the land. This plan includes areas that result from that process as designated "Transition Areas". Wright County will manage these lands in accordance with the policies set forth in this section. Coordination between the County, townships, and cities is encouraged and can alleviate potential problems and allow efficient urbanization at the proper pace. From the city's perspective, in general, no new development should occur in these transition areas except as part of the annexation process. Alternatively, some limited development may be possible if a plan is submitted and approved by a joint planning board or other appropriate mechanism that includes input from the Township, City and the County. Such a plan would have to show in detail how the larger tract could be re -subdivided into urban - sized lots when sewer and water services become available and if the houses are appropriately located on the smaller, future lots. In order to justify such regulations, cities have an obligation to annex land only when municipal sewer and water services (and all urban services) are ready to be provided soon. Further, cities should be responsible to limit the need for extensive land areas by requiring urban densities such as residential densities of at least two units per acre or higher. Wright County Land Use Plan Page 68 Transition Area Goal: Provide for the efficient urbanization and the economical extension of public services to developing areas. Objectives: • Define realistic areas cities can efficiently service for future expansion within the time frame of this Plan. • Avoid premature annexation. • Manage expansion areas - prohibit large lot residential and land uses not compatible with future use. • Limited opportunities for landowners in the Transition Area who so desire to develop their land in a manner that will not be a detriment to future urban growth and associated municipal utilities. Policy: Designation of Transition Areas Lands that can be demonstrated within a city's comprehensive plan as realistically ready for municipal services and development by 2020 will typically be placed in the Transition Area. The County has reviewed adopted plans, past trends and sewer availability when designating these areas. Policy: Level of Service The level of service in transition areas should remain the same as the rest of the rural area in the Township until such time as the land is annexed into a municipality. Policy: Management The Transition Areas shall be managed to accommodate urbanization in accordance with the comprehensive plan of the affected city. Ideally, the City and affected Township will adopt detailed orderly annexation agreements for these areas that will specify land use policies and plans. The following suggestions are recommended for consideration in the development of such agreements. • Large lot and other rural development patterns should be avoided. If such development is allowed prior to annexation, it should only be allowed subject to a thorough review of specific plans for redevelopment when urban services are available. Wright County Land Use Plan Page 69 • Annexed areas should be developed as soon as possible. New annexations should not be allowed if there is an inventory of annexed land that has not yet been provided with services or developed. • Storm water planning and related water management planning should be completed in Transition Areas prior to the beginning of development. • New animal agriculture operations will be prohibited within Transition Areas and expanded animal agricultural operations will be restricted. • Cities should develop concrete plans to address existing rural subdivisions that will be surrounded by urban expansion, so that residents can gain an insight into the plans and costs for providing urban services as they face eventual annexation. • The County, cities, and townships should look to cooperatively use right-of-way for trunk sewer lines, water lines, etc. • Zoning changes will not be allowed until an orderly annexation agreement is reached. The orderly annexation agreement should designate which type of development will be allowed in the interim. 4.4 Land Use Definitions A major purpose of this Land Use Plan is to provide a guide for future decision-making by County Officials. Most land use decisions deal with incremental changes in zoning and land uses proposed by individual property owners. Often, such decisions seem not to be crucial, nor overly important when viewed in isolation. However, the precedents set, policies established and accumulated effect over time of many such decisions can lead to unexpected and undesirable results. Most, if not all of the land use and environmental problems in Wright County have resulted from decisions, or the absence of decisions made during times past, when little or no effort was made to regulate land use and development. It is often too easy to become overly involved with the details and emotions of individual land use cases, and to lose sight of the overall goals and purposes of regulating land use. The Land Use Plan is meant to serve as the primary framework within which land use decisions should be made. Zoning proposals will be evaluated primarily by their conformance to the Land Use Plan. It is not meant to be totally inflexible, as rare and unusual circumstances may justify occasional departures from the plan maps. However, consistent or simply convenient departures from the Plan without Wright County Land Use Plan Page 70 adequate justification will eventually defeat the purpose and goals of the Plan. Deviations from the Plan should only be made in the public interest, and not to benefit an individual or small group. The following definitions of the districts on the maps shall be used in making future decisions to carry out the Land Use Plan, and to review specific proposals. (incorporated Cities, Public Lands and Lakes are self explanatory). Agricultural Designates those areas appropriate to remain in agricultural use over the long term. Purpose is to both preserve productive farmland for the future and to protect agricultural activity from encroachment by other activities. Existing land types may include productive farmland, pasture, farm woodlots, wetlands and other agricultural or open lands. Appropriate zoning will generally include only the Agricultural District. Rezoning to other districts will be considered only in rare and unique circumstances, or for riparian lots on shorelands especially suited to residential development. Rural/ Residential Designates those areas where a combination of agriculture, hobby farms and very large lot residential areas is deemed appropriate. Purpose is to provide a buffer between agricultural and other uses, and also to provide housing opportunities in a rural environment where large lot sizes and the rural atmosphere will be maintained. Existing land types may include large wooded areas, non prime farmland, pasture and other lands in areas not well suited to long term agricultural uses. Appropriate zoning may include Agricultural, Agricultural/Residential, or, in unique circumstances, R -2(a). Rezoning from Agricultural to Agricultural/Residential will be considered on a case by case basis, and not considered to be automatic, with the need for residential land, effect on nearby agricultural operations, the timing of the proposal in light of land uses in the area and plan policies being prime considerations. Rezoning to R-1 or R-2 will only be considered for riparian lots on shorelands especially suited to residential development. Rezoning to R -2a may be appropriate in unique circumstances such as: infill for areas which are already developed in a similar manner; adjacent to developed areas with smaller lot sizes to serve as a transition, and; other unique situations which do not establish R -2a as a new zoning district in a previously "undeveloped" area. Residential Large Lot Primarily designates those areas that have already been converted to a rural/suburban, residential environment with lot sizes Wright County Land Use Plan Page 71 ranging from two to ten acres due to past decisions. Undeveloped lands that are surrounded or nearly surrounded by such patterns may also be included in this district. Existing land types may include large wooded areas, non- productive farmland near existing developed areas, infill on lands near highly developed lakeshore areas and other areas where large lot development may occur without posing a threat to the environment or long term agricultural uses. Appropriate zoning may include Agricultural, Agricultural/Residential, R -2(a) and, in special cases, R-2. Rezoning from agricultural to residential districts will generally be considered appropriate for large lot (R -2a) proposals and for smaller sizes (R-2) in cases where existing development trends or environmental factors are appropriate. Rezoning to R-1 will only be considered for riparian lots on shorelands especially suited to that type of residential development, or for small areas of "infill" which are predominately R-1 already. Residential Designates existing residential areas that are already characterized by relatively small lots (for an unsewered area) and those limited undeveloped areas deemed appropriate for conversion to similar use. Most areas currently exist as a result of lakeshore development prior to any zoning or environmental regulation, and other isolated areas that developed with small lots historically. In general, due to the environmental and health impacts of developing areas with small lots and on-site sewage treatment, such development will be discouraged. However, in certain limited cases, such as riparian lots on general development and recreation development lakes, or "infill" in areas that are surrounded by similar development, some expansion of residential areas can be allowed. Rezoning from Agricultural to residential districts will generally be considered appropriate in this district, depending on environmental factors. Rezoning to R-1 will only be considered for riparian lakeshore lots, or as "infill" where most surrounding land is already zoned R-1. Multi -family structures are not allowed in areas without municipal sewer and water services. Commercial Designates existing commercial areas and undeveloped land well suited to commercial development that does not require a significant level of urban services. Purpose is to provide for limited commercial development in areas that are especially well suited to such use. Existing land types may include areas near major highway interchanges, existing service centers (unincorporated communities) or adjacent to urban commercial areas. Appropriate zoning may include the B-1 or B-2 district. Wright County Land Use Plan Page 72 Limited Industrial Designates existing industrial areas as well as undeveloped land considered especially well suited to industrial uses which do not require urban services. Purpose is to provide for certain industrial uses which may not be appropriate in urban areas, or are near urban industrial areas or on land especially well suited to industrial use. Existing land types may include areas near major highway interchanges, land with access to rail lines and are otherwise appropriate and land near urban areas with a high suitability to industrial use. Appropriate zoning includes the I-1 district. Transition Areas The NEQ of Wright County is expecting significant growth over the next 15-20 years. The County has a policy that most growth be directed toward the cities. In order to accommodate this continued growth pressure, cities will need to annex land and provide municipal services to this land. The County is not advocating more annexation than is needed to accommodate a reasonable amount of growth. The purpose in establishing the Transition Area is to properly manage the land at the urban/rural fringe. Management of these areas consists of identifying and designating areas to economically and efficiently accommodate growth pressures. The proper management of these areas will avoid premature annexation, prohibit large lot residential development that would make provision of municipal services unnecessarily expensive, and limit the possibility of incompatible future land uses. In an ideal situation, orderly annexation agreements would be developed that would provide more detailed plans for the Transition Areas. Flood Prone Areas Designates areas subject to flooding. Existing land types are generally undeveloped, and vary from agricultural fields to permanent wetlands. In most cases, Flood Plain overlay zoning exists and will not change. Rezoning to residential districts will only be considered in those areas that are not subject to flooding, have public road access routes that do not flood and are adjacent to or surrounded by residential designation in the Land Use Plan Map for the area. Resource Land This land use classification identifies land that has unique environmental or natural resources. The intent of this district is to protect these resource lands as being special and unique. The housing density allowed would be one unit per 40 acres just as it is in the Agricultural District. Agriculture is an appropriate zoning district for this land use Wright County Land Use Plan Page 73 category. Any uses in this district may be subject to special review because of the natural resources in these areas. Aggregate Resources This district is designated for areas that have high concentrations of aggregate resources and active mining operations. The purpose of the district is to identify areas where mining is likely to continue to be a significant use in the future, subject to review and regulation by the County. Existing, legal land uses will not be restricted, and housing will continue to be allowed in this area at agricultural densities (one per 40 acres) pursuant to current zoning. Landowners should consider the placement of any new residential sites, to ensure that the placement does not interfere with potential mining activities or is located such that future mining on nearby lands will not unduly impact the residential site. The review of other development proposals, such as residential clusters or conditional uses other than mining, should also consider potential mining operations. Agricultural zoning would continue to be appropriate for this district. 4.5 Future Land Use Map The following map illustrates graphically the future land uses of the NEQ of Wright County. The definitions in the previous section correspond with the future land use map and should be referenced to determine the definition of each land use category. Wright County Land Use Plan Page 74 i I CHAPTER 3: ND USE .. GROWTH AND ORDERLYANNEXATFON 47 INTRODUCTION The Land Use, Growth and Orderly Annexation Chapter outlines the goals, policies and land use strategy that will guide future land use development and decision- making in the community as well as in the Orderly Annexation Area (MOAA). The MOAA is included in this land use plan to help plan for and ensure orderly and efficient growth, and to protect and maintain the MOAA until that growth occurs. This Chapter also serves to inform other aspects and chapters of the Comprehensive Plan, including transportation and mobility, housing, community facilities and parks and open space. Overall, the Future Land Use Plan will help define the pattern and location of development in the City for the next 20 years. Monticello desires a balanced land use pattern to ensure a stable and growing tax base that promotes economic diversity and resiliency to changes in the local, regional, state and national economy. The Future Land Use Plan describes a strategic, recommended pattern of land uses in the City and MOAA. The strategy also emphasizes the improvement and enhancement of Monticello's downtown and surrounding traditional neighborhood blocks, the repositioning of the City's commercial areas to take advantage of emerging economic opportunities, and the diversification of the tax base through ongoing economic development efforts that promote job growth and expand existing employment centers. The Future Land Use Map (FLUM) illustrates land use planning according to specific land use categories. In addition, this Chapter is an important tool for achieving Monticello's environmental sustainability and public health goals. Specific policies and strategies are included that advance an efficient land use and transportation pattern to reduce greenhouse gases and promote clean air and water, provide new mobility options, support local businesses, and is accessible and inclusive of persons of all ages, races and physical capabilities. This Chapter supports goals for economic sustainability consistent with the Economic Development Chapter. This Chapter also integrates transportation strategies recommended in the Mobility and Connectivity Chapter with an aim toward implementing a complete multi -modal transportation system. This Chapter introduces concepts that reinforce goals and strategies for other chapters of the Monticello 2040 Plan, including Parks, Pathways and Open Space and Community Character. TABLE 31- EXISTING LAND USEACREAGES (WITHIN CITYBOUNDARIES) CategoriesLand Use Acreage Residential (Single -Family, Twin and Townhomes, Multi -Family, Manufactured) 3,479 Agriculture 1,078 Vacant (Only Commercial and Industrial Designated Land) 1,112 Infrastructure (Railway, ROW, Utility) 465 Open Space (Natural Resources, Parks and Open Space) 457 Commercial 425 Industrial 194 Source: City of Monticello Geographic Information System (GIS) 2019 Existing Land Use Data Downtown Monticello Looking East on West Broadway Street 48 LAND USE, GROWTH AND ORDERLY ANNEXATION LAND USE CONTEXT MAP V, PRIMARY GROWTH CITY-WIDE GROWTH AND DOWNTOWN Developing parcels within the City and the Downtown are the primary growth objectives of the 2040 Comprehensive Plan. Monticello will prioritize infill development within the existing municipal boundary and adjacent lands accessible by existing utility infrastructure, with a strong focus on the revitalization and redevelopment of the Downtown. SECONDARY GROWTH STUDY AREAS AND PORTIONS OF THE MOAA The secondary growth objectives of the 2040 Comprehensive Plan include directing growth into the Northwest Study Area, the East Bertram Study Area, specific parcels of land within the MOAA with a future planned land use designation, and other areas that align with City goals and policies. In particular, property outside the Study Areas but with frontage on County Highway (CSAH) 39, Highway 25 and other major transportation corridors, or properties already served by utilities are logical development opportunities and may be considered Primary Growth Areas. The City shall retain discretion when evaluating development proposals in the Secondary Growth Area that are consistent with the Goals and Vision of the Comprehensive Plan. Sunset Ponds Development TERTIARY GROWTH DEVELOPMENT RESERVE OF THE MOAA The third growth objective is to direct growth in the Development Reserve of the MOAA. Property within the MOAA will retain their existing uses until requests for annexation and development under the Orderly Annexation Agreement occurs, and transportation and utility improvements are installed. This includes utility studies to support cost effective and efficient infrastructure into the secondary and tertiary areas. It would be premature to change the land use designations of parcels at the time of this Comprehensive Plan given this Plan's long-term development horizon, and the potential need for future study and development impact assessment. As appropriate, the City may undertake or authorize development studies to respond to Comprehensive Plan amendment proposals or changing circumstances. Since these areas have a longer development horizon and have not been assigned a new future land use designation, they will continue to accommodate the existing single-family, rural residential and agricultural land uses that exist today. Any future change of land use will require a Comprehensive Plan amendment. Residential Development in the City of Monticello MONTICELLO 2040 VISION + PLAN 51 GROWTH STRATEGY MAP FUTURE LAND USE MAP 39 ZONING DISTRICTS AND DISTRICT PROVISIONS § 155.045 ZONING DISTRICTS. (A) The zoning districts shall apply as designated on the zoning map and defined within this chapter and applicable state or federal regulations. Two types of zoning districts are utilized. All lands under jurisdiction of this chapter shall be designated as lying within one, and only one, primary zoning district. In addition, one or more overlay districts may apply. Primary Districts Symbol Code Section Agricultural/Residential (A/R) § 155.047 Commercial Recreation Shorelands (S-3) § 155.057(H) General Agriculture (AG) § 155.048 General Business (B-2) § 155.054 General Industry (I-1) § 155.055 Highway Business (B-1) § 155.053 Multi -Family Urban (R-3) § 155.052 Suburban Residential (R-2) § 155.050 Suburban Residential (a) (R -2a) § 155.051 Urban/Rural Transition (R-1) § 155.049 Wild and Scenic River (W) § 155.058 Overlay Districts Symbol Code Section Adult Uses Overlay District (AU) § 155.135 Floodplain (FP) § 155.056 Planned Unit Development (PUD)* § 155.059 Residential Recreation Shorelands (S-2) § 155.057(G) Special Protection Shorelands (S-1) § 155.057(F) (B) The planned unit development zone is a floating district. The standards of this district may be applied to any residential, commercial or industrial district at the request of the landowner and the discretion of county. In such districts, where PD standards differ from the original district standards, the PD standards apply. 44 Land Usage and Zoning § 155.048 GENERAL AGRICULTURE (AG). (A) Purpose. General agricultural areas are established for the purpose of preserving, promoting, maintaining and enhancing the use of land for commercial agricultural purposes, to prevent scattered and leap -frog non-farm growth, to protect and preserve natural resource areas and to stabilize increases in public expenditures for such public services as roads and road maintenance, police and fire protection and schools. (B) Permitted uses. (1) Agricultural land uses; (2) Livestock feedlots less than 500 animal units subject to all county and state regulations; (3) One single-family dwelling per lot of record; (4) Forestry and nurseries (not to include retail); (5) Small-scale family operated seasonal produce stands; (6) Public recreation; (7) Historic sites and areas; (8) Horticultural use; (9) One division, per eligible quarter -quarter section or eligible lot of record, as defined and regulated in division (G) below; (10) Subdivisions and lot line alterations which are purely for agricultural purposes, and do not increase the density or number of residential building sites; provided that, all lots created contain at least 40 acres and at least one complete quarter -quarter section, with public road frontage; and (11) Solar energy systems. (C) Accessory uses. Any incidental machinery, structure or building customarily incidental to and necessary to the conduct of agricultural operations or other permitted uses. (D) Conditional uses. (1) Land reclamation and alteration; (2) Farm equipment sales; (3) Livestock feedlots in excess of 500 animal units; (4) Kennels; (5) Riding academies; 45 (6) Home occupations; (7) Cemeteries; (8) Wholesale nursery, landscape and garden sales with seasonal retail sales (not to include retail stores); (9) Churches, not to include a school, but may include a residence; (10) Bed and breakfast units in single-family dwellings; (11) Township halls; (12) One farm accessory mobile home or structure per farm operation as a temporary use and subject to annual local township review; (13) Commercial outdoor recreation; (14) Mining and extraction in accordance with § 155.100 of this chapter; (15) Sewage treatment plants; (16) Non-commercial contractors yards; (17) Essential services in accordance with § 155.098 of this chapter; (18) Private airstrip, subject to the following conditions: (a) All applicable regulations of the state and federal government are properly satisfied; (b) There are no existing residential subdivisions, and no areas designated for future residential growth within the land use plan of the County Comprehensive Plan, within a radius of one and one-half miles of the proposed airport; and (c) The airport shall be limited to use exclusively by the property owner. (19) Home extended business in accordance with § 155.103 of this chapter; (20) Retreat center in accordance with § 155.104 of this chapter; (21) Large animal veterinary clinics serving agricultural uses and livestock; (22) Commercial agricultural tourism; (23) Solar energy farms; (24) Public Schools in accordance with §155.110 of this chapter; and (25) Seasonal Storage. 46 Land Usage and Zoning (26) Seasonal Group Assembly with Recreational Facilities. (Ord. Adopted 9/14/2022) (E) Prohibited uses. All other uses not listed as permitted, accessory or conditional shall be prohibited. (F) Performance standards. Parcels in the Agricultural District which are less than ten acres in size shall be subject to residential standards for animals and lot standards that correspond with the zoning district which is closest in lot size to the parcel. R-1 standards apply for less than 2.5 acres, R-2 for lots 2.5 acres to 4.99 acres and R -2a for lots 5 to 9.99 acres. For all parcels 10 acres and over in size, the following standards shall apply. (1) Height regulations. (a) The maximum height of all buildings shall not exceed two and one-half stories or 35 feet. (b) This height limitation shall not apply to grain elevators, silos, windmills, elevator legs, cooling towers, water towers, chimneys and smokestacks, church spires, electric transmission lines or radio or television towers. (2) Front yard regulation. (a) Setbacks: Required Setback Distance From Road Centerline Road Class 130 State Highway 130 County Road and State Aid Highway 65 Local Road 25 From right-of-way of cul-de-sac or approved "T" (b) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner lot. No accessory buildings shall project beyond the front yard of either road. (3) Side yard regulations. There shall be side yard width of not less than 100 feet for buildings which will house livestock or any farm animals, and 30 feet for all other buildings. (4) Rear yard regulations. The rear yard setback depth shall be 50 feet for all non -livestock buildings and no less than 100 feet for buildings that will house livestock. (5) General regulations. Additional requirements for parking, signs, sewage systems and other regulations are set forth in §§ 155.075 through 155.108 of this chapter. (G) Requirements and standards for dwellings and permitted divisions. (1) Limiting definitions. 47 (a) A quarter -quarter section is a parcel of land consisting of approximately 40 acres and constituting the northeast, northwest, southwest or southeast quarter of a quarter section of land in the United States Government survey grid system of land survey. For the purposes of this section, a government lot shall be considered a quarter -quarter section; provided, it contains at least 30 acres of land above ordinary high water. (b) An "eligible quarter -quarter section" shall be any quarter -quarter section which meets all of the following: 1. It is complete and under common ownership; 2. It has frontage on a public road; and 3. It does not include any existing dwelling, commercial use or other non- agricultural development. (c) An "eligible lot of record" shall be a lot of record pursuant to § 155.007 of this chapter which does not include any existing dwelling, commercial use or other non-agricultural use or structure other than accessory uses such as garages, storage sheds and the like and which is greater than ten acres in size, but does not qualify as an eligible quarter -quarter section. (d) An eligible lot of record or quarter -quarter section may be permitted one single family dwelling on the parcel as a whole, or one division as regulated in division (G)(4) below for the purpose of developing the division. This right shall be referenced as the parcel's "entitlement". (2) Existing residences. Legally existing single-family dwelling on a quarter -quarter section or lot of record over ten acres in size may be subdivided out onto a smaller parcel provided: (a) The requirements for a division in division (G)(4) below are met; and (b) The remainder of the property has frontage on a public road. (3) Determining entitlements on large parcels. (a) On a farm or adjoining parcels, including all contiguous land under common ownership, extra entitlements shall be available to the entire parcel; provided, the following conditions are met: The lands involved comprise more than 60 acres; and 2. If the parcel is the result of a division since 8-1-1978, then the number of entitlements shall be determined by using the calculations in division (G)(3)(b) below to all contiguous lands under common ownership as they existed on 8-1-1978. These entitlements shall be allocated to the new parcels by the Zoning Administrator based on acreage and the standards contained herein, and appeals shall be heard by the Board of Adjustment; provided that, no extra entitlements may be created. (b) Entitlements for such parcels shall be determined by the Zoning Administrator as follows. 1. The total acreage of the parcel shall be calculated using the best information available (the administrator or Board of Adjustment may require the applicant to provide a survey of F• Land Usage and Zoning the property in case of dispute over size). 2. Forty acres shall be subtracted from this total for each existing house on the parcel, and for each entitlement division which has occurred since 8-1-1978. 3. The result from divisions (G)(3)(b)l. and (G)(3)(b)2. above shall be divided by 40 acres, and that result rounded to the nearest whole number, which shall be the number of entitlements the entire parcel is allocated. The use of these entitlements shall be subject to all regulations in this chapter, including public road frontage requirements. (c) The purpose of this provision is to provide relief to potentially inequitable situations where large landholdings may be unduly restricted due to the location of substantial acreage without road frontage. The intent is not to increase residential density in the AG Zone above an average of one house per 40 acres. If a large parcel is subdivided into agricultural parcels, the entitlements shall be allocated at the time of sale in accord with the standards contained within (provided that, no new entitlements may be created), unless otherwise specified and appropriately recorded through deed restrictions or action by the Board of Adjustment or Planning Commission. (4) Entitlement divisions. If a landowner chooses to use an entitlement on an eligible lot of record or quarter -quarter section as a division, the division and remainder of the eligible parcel shall be subject to the following requirements. (a) Deed restriction. The owner(s) (including, in all cases, the fee owner) of the eligible parcel must sign and record a deed restriction to apply to the remainder of the parcel. The restriction shall limit any further residences, divisions or non-agricultural development of the remainder in accord with the terms of this section, unless it is rezoned. The restriction shall be on a form provided by the Zoning Administrator. (b) Landlocked parcels prohibited. The remainder must have frontage on a public road, or must be held in common ownership with contiguous lands which have road frontage. No lot, nor parcel, may be created which does not have road frontage in accord with the requirements herein. (c) Lot standards. 1. The minimum lot size shall be one acre. Minimum road frontage, lot width, depth, setback and other standards shall be the same as for the residential zoning district closest to the lot's size. 2. A private access strip with at least 33 feet and not exceeding 66 feet in width, which abuts a public road, may be approved by the Zoning Administrator in lieu of the standard road frontage requirement, if the intent is to provide access to a wooded site, or to otherwise preserve active agricultural land or practices. The strip shall not be an easement, but owned in fee with the division. Maintenance shall be the complete responsibility of the property owner. In no case may such a strip be used to serve more than one residence, unless accepted as a public road by the township. Refusal by the Zoning Administrator to approve such a strip may be appealed to the Board of Adjustment. 3. Maximum lot size shall be: a. Five acres for divisions from eligible lots of record; b. Two and one-half acres for divisions from eligible quarter -quarter sections if the building site is undeveloped cropland classified as prime farmland or farmland of statewide importance as defined in the Land Use Plan; and c. Ten acres in all other instances. (d) Lot status. The division shall remain zoned AG, General Agriculture, but for the application of rules pertaining to livestock, outdoor storage and other general standards, a division ten acres or less in size shall be considered a residential lot. (5) Entitlement transfers; standards. The purpose of allowing transfers is to preserve productive farmlands, and to minimize the effects of the residences on the environment, the surrounding neighborhood and nearby farm operations. In no case shall the use of entitlement transfers be used to increase the potential residential density in the Agricultural or Agricultural/Residential Zones. If a new road is proposed or required to serve a group of lots, a plat will be required and the road must be accepted by the township board. These standards are in addition to those contained in § 155.029 of this chapter. (a) Contiguous common ownership. Entitlements may be transferred to contiguous property under common ownership provided the proposed divisions comply with division (G)(4) above. Said transfers may be approved by the Zoning Administrator if all other regulations are met. Transfers shall require the issuance of a conditional use permit by the Planning Commission if the transfers result in the grouping of three or more homes at one location. (b) Non-contiguous common ownership. Transfers from property under common ownership, but not contiguous, require the issuance of a conditional use permit. Such transfers must be within the boundaries of the township where the entitlement currently exists and common ownership of the parcels must be established and recorded for a minimum of three years before the transfer can take place. (6) Certain conditional uses. An entitlement may be used for a division to allow a conditional use provided a deed restriction is placed on the remainder pursuant to division (G)(4)(a) above and the division size is set by the Planning Commission as part of the conditional use permit process. The requirement for a deed restriction may be waived by the Planning Commission if the division is less than one acre in size and for the sole purpose of utility or public service structures needed to promote public health, safety or welfare. The Planning Commission shall waive the requirement for a deed restriction if the division is solely for the creation of a site for a township hall. (7) Alteration of existing lots. Existing legal lots of record may be altered in size in compliance with these regulations provided an order approving such alteration is signed by the Zoning Administrator and filed with the County Recorder. Said order shall prohibit the creation of any new residential building sites, except in accord with this chapter. (8) General. The intent of these standards shall be to preserve an average density of one dwelling per 40 acres in the AG District, except where legal lots of record are involved. This intent shall be considered when questions regarding interpretation of these regulations may arise. (Ord. passed 7-28-2015; Ord. passed 6-19-18) M Land Usage and Zoning § 155.054 GENERAL BUSINESS DISTRICT (B-2). (A) Purpose. The General Business District is intended to provide a district that will allow general retail and commercial uses to serve existing population. (B) Conditional uses. (1) Commercial recreation; (2) Hospitals; (3) Hotel and motel; (4) Offices and medical centers; (5) Retail trade; (6) Government buildings; (7) Wholesale business; (8) Indoor recreation, such as movie theater; (9) Restaurants, caf6s and supper clubs; (10) Passenger transportation terminal; (11) Drive-in business; (12) Clubs, lodges; (13) Automobile service stations; (14) Subdivisions, minimum lot size of one acre; (15) Landscaping; (16) Parking facilities; (17) Fences; (18) Any incidental repair, processing and storage necessary to conduct a principal use, but not exceeding 30% of the floor space of the principal building; (19) Essential services - telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures; (20) On-off sale liquor establishment; (21) Freight transportation terminals; 67 (22) Industry, such as a printing company, that requires direct contact with the public for sales; (23) Single dwelling units; (24) Commercial day care centers; (25) Solar energy system as regulated under Section 155.108. (C) Performance standards. (1) Height regulations. No building shall hereafter be erected or structurally altered to exceed two and one-half stories or 35 feet in height. (2) Front yard regulations. (a) Setbacks: Required Setback Distance From Road Centerline Road Class 130 State Highway 130 County Road 65 Local Street (TWP Road) (b) Where a lot is located at the intersection of two or more roads or highway side of each corner lot. No building shall project beyond the front yard line of either road. (3) Side yard regulations. (a) Minimum side yard shall be 20 feet. (b) No building shall be located within 50 feet of any side lot line abutting a lot in any Residential or Agricultural District. (4) Rear yard regulations. (a) There shall be a minimum rear yard of 35 feet. (b) No building shall be located within 50 feet of any rear lot line abutting a lot in any Residential or Agricultural District. (5) Lot width and depth regulations. There shall be a minimum lot width and depth of 150 feet. (6) Sewage disposal and water system. The developer shall be required to indicate the proposed water and sewage disposal systems to serve the development. (7) Screening and fencing. The county may require the screening and fencing of commercial uses especially on side and rear yards facing residential and agricultural uses. Land Usage and Zoning (8) General regulations. Requirements for signs, parking, shopping centers and other regulations are set forth in §§ 155.075 through 155.108 of this chapter. (9) Coverage. No more than 50% of the lot ground area shall be covered by buildings. (D) Multiple use buildings. In general, only one principal use may be permitted per lot. Where buildings are proposed which will contain more than one use, each use or change of use shall require a separate conditional use permit. (Ord. passed 7-28-2015) A-6979 Monticello/Monticello Township STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION --------------------------------------------------------------------------------------------------------------------- IN THE MATTER OF THE PETITION FOR ) THE ANNEXATION OF CERTAIN LAND ) JOINT RESOLUTION TO THE CITY OF MONTICELLO PURSUANT ) TO MINNESOTA STATUTES, SECTION 414.031) TIIE AGREEMENT PREVIOUSLY SIGNED BY THE CITY AND TOWNSHIP OF _MONTICELLO ON JUNE 21, 2004 IS HEREBY AMENI)ED BY JOINT ACTION OF BOTH PARTIES AND THE COUNTY OF WRIGHT. ALL CHANGES TO THE PREVIOUS AGREEMENT ARE CONTAINED WIT14IN THIS NEW AGREEMENT. JOINT RESOLUTION FOR ORDERLY ANNEXATION BY AND BETWEEN MONTICELLO TOWNSHIP AND THE CITY OF MONTICELLO IN SETTLEMENT OF MINNESOTA DEPARTMENT OF ADMINISTRATION FILE NO. A-6979 MONTICELLO/MONTICELLO TOWNSHIP WHEREAS, the City of Monticello filed an annexation petition, dated October 13, 2003, with the Minnesota Department of Administration Municipal Boundary Adjustments Office (File No. A-6979 Monticello/Monticello Township) seeking annexation of certain areas located within Monticello Township pursuant to Minnesota Statutes, Section 414.031; and WHEREAS, Monticello Township and the City of Monticello have been working toward settlement of their boundary dispute and have reached a settlement agreement believed to be in the mutual best interests of both parties; and WHEREAS, the City of Monticello (hereinafter the "City") and Monticello Township (hereinafter the "Township") desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minnesota Statutes, Section 414.0325; and WHEREAS, the City and Township are in agreement to the procedures and process for orderly annexation of certain lands described herein for the purpose of orderly, planned growth; and WHEREAS, the City and Township have agreed to work cooperatively to accomplish the orderly annexation of the areas legally described herein; and WHEREAS, the City and Township agree that orderly annexation and extension of municipal services to those areas designated herein that are urban or suburban or about to become so is in the best interests of the City, Township and property owners and would benefit the public health, safety and welfare of the entire community; and WI-IEREAS, for the areas designated herein, the City and the Township desire to accomplish the orderly annexation of said areas in a mutually acceptable and beneficial manner as urban development occurs and without the need for a hearing; and WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly annexation by means of this Joint Resolution in settlement of the above -referenced contested case matter. NOW, Tl IEREFOI2E, BE IT RESOLVED by the City Council of the City of Monticello and the Township Board of Supervisors of the Township of Monticello as follows: Description of Area Designated for Orderly Annexation. The area of the Township located within the area marked on the map attached hereto as Exhibit A is deemed by the parties to be properly subject to orderly annexation under and pursuant to Minnesota Statutes, Section 414.0325. The parties hereby designate this area for orderly annexation as provided by conditions for annexation set forth in this Joint Resolution. The area designated herein for orderly annexation, as shown on Exhibit A, shall be referred to for case of reference as the "Orderly Annexation Area" ("OAA"). The City may annex, at any time after the execution of this Joint Resolution, land located within the OAA, in accordance with the terms and conditions stated herein for annexation and in accordance with Paragraph 13 of this Joint Resolution. The designated area shown on the attached map as Exhibit A is legally described in Exhibit B, both of which exhibits are attached hereto and incorporated herein by reference. 2. Conditions and Triggering Events for Annexations. Notwithstanding Paragraph 3 of this Joint Resolution, any land within the OAA (see Exhibit A and Exhibit B) may be annexed by the City, in accordance with Paragraph 13 of this Joint Resolution, under any of the following circumstances: a. The City receives a petition for annexation from 100% of the property owners of an individual parcel of land contiguous to or abutting the City; b. The area is completely surrounded by the City, except that this provision may not be used to annex the subdivisions named in this subparagraph 2.b. (Devron Green, the Dunes, Glendale, Monticello Acres, Ponderosa, Prairie Acres, O.K. Coral Ranchette, Riverside Acres, Tyler East, Walesch Addition, and Walesch 2nd Addition, as said subdivisions are recorded in the Wright County Recorders Office on the effective date of this Joint Resolution) for a period of ten years following the effective date of this Joint Resolution; c. The City or property owner(s) is ordered by the State Pollution Control Agency or Department of Health to provide sewer or water service to a portion of the 'Township for the protection of the public health and safety and/or because of immediate environmental concerns; 2 d. The City decides to add an arterial or collector road to its Municipal State Aid street system, but only to the extent of the right-of-way needed for the road, and provided, however, that any costs associated with installation of these roads will not be assessed to Township residents by the City, nor deferred until future annexation of the property, unless different arrangements are otherwise agreed to by the City and a property owner; e. The City, with Township approval, determines by resolution that land, right-of- way, or easements are needed for a public works improvement project designed to provide sanitary sewer pumping and conveyance facilities, water supply, water storage or water conveyance facilities, stormwater retention, stormwater detention or stormwater conveyance facilities, but only to the extent needed for said facilities. The City's statutory condemnation authority shall not otherwise be limited by this provision. With respect to Wright County Ditch 33, notwithstanding the foregoing, Township approval shall not be required for a stormwater project under this provision should Wright County otherwise approve the project or convey Ditch 33; f. In the case of platted residential subdivisions, the City receives a petition from a majority of property owners, either in a given contiguous area, or a block in a platted residential subdivision, or from the entire subdivision, for annexation and/or provision of sewer or water services. g. A licensed inspector retained by Wright County determines that at least 30% of the individual sewage treatment systems or individual wells within a platted residential subdivision or neighborhood or block in such a subdivision are failing or are not meeting state drinking water standards; or h. The City and Township otherwise jointly agree in writing. For purposes of this Joint Resolution land shall be considered to be contiguous to, abut, abuts, or abutting the City where the boundaries of said land or area to be annexed at least touch the City boundary at a single point, including areas whose boundaries would touch the City boundary at a single point but for an intervening roadway, railroad, waterway, or parcel of publicly owned land. Further, due to actions pending at the time of this agreement, the proposed residential subdivision known as "Hidden Forest" shall be considered to be contiguous to the City. 3. Zoning and Planning. For any areas of the Township in the OAA that are not annexed pursuant to this Joint Resolution, planning and zoning authority as specified herein within the OAA shall be governed by a 5 -member Joint Planning Board (JPB) described as follows: a. The JPB shall be made up of two members appointed by the Township Board, two members appointed by the City Council, and one member of the Wright County Board appointed by the Wright County Board of Commissioners. 3 b. The Jl'B shall serve as the "governing body" and "board of appeals and adjustments" for purposes of Minnesota Statutes, sections 462.357 and 462.358 within the OAA and shall have all of the powers contained in sections 462.351 to 462.364, except as otherwise provided by this Joint Resolution. The Wright County Planning and Zoning Office shall serve as staff and advisors to the JPB, unless otherwise determined by the JPB. The JPB may, at any time, also consult with City staff as it deems necessary to effectively carry out its duties and responsibilities. The costs of administration of the JPB shall be paid equally by the City and Township. Any remuneration (per diem) paid to members serving on the JPB or retaining consultants to provide services to the JPB shall be approved and equally paid by the city and township. d. The JPB will set the schedules for necessary zoning and planning fees in the OAA. The fees shall be consistent with the fee structure used by Wright County, unless otherwise determined by the JPB. e. Except as otherwise provided, any action of the JPB to exercise its authority as specified herein must be preceded by a majority vote (at least 3 out of the 5 members) of the members of the JPB voting on the prevailing side. f. As soon as practicable after execution of this Joint Resolution, the JPB shall review the area included in the OAA, existing comprehensive plans in the City, Township and County, and determine whether the JPB should develop a joint land use plan for the OAA. If a joint plan is developed, the City and Township shall thereafter review and comment on the plan. The City and Township shall consider incorporating the developed plan or plan elements into the City's and Township's respective comprehensive plans. g. The JPB shall require that the existing Township zoning or Wright County zoning, whichever is applicable and more restrictive, in effect within the OAA on the effective date of this Joint Resolution, remain in full force and effect and unchanged during the term of this Joint Resolution, unless said area or portion thereof is either first annexed or said zoning change is otherwise approved by a supermajority vote (4 out of 5 members) of the JPB. Any decision by the JPB to zone or rezone portions of the OAA shall be subject to review and comment by the City and Township prior to such zoning or rezoning becoming effective. The JPB shall give the City and Township at least 30 days to review and comment before making a zoning or rezoning decision. The City or Township shall waive its right to review and comment if it fails to review and comment within the specified period provided herein. The JPB shall not approve a subdivision within the OAA unless first approved by a supermajority vote (4 out of 5 members) of the JPB. The Township shall not zone, rezone, plat, re -plat, subdivide, or re -subdivide within the OAA between the time of development of this Joint Resolution and the effective date 4 of this Joint Resolution, unless otherwise agreed to in writing by the City. For the purposes of this paragraph, "subdivision" shall not include building entitlement transfers for agricultural lot splits and property transfers between family members under the current Wright County Zoning Ordinance, as adopted by the Township. h. Failure of the JPB to exercise any of its authority as described herein shall not render this Joint Resolution or any other provisions contained herein invalid or unenforceable, and the terms and conditions contained in this Joint Resolution shall otherwise remain in full force and effect and binding upon the parties hereto. i. Each member serving on the JPB shall serve a period of one year ending December 31. A term on the JPB may be extended, by action of a member's respective governing body. The JPB shall meet monthly or as needed as determined by the JPB members. 4. Merger. Notwithstanding the foregoing, the City and Township shall combine in their entirety under the following circumstances: l) at such time as the Township and the City adopt a joint resolution so providing; or 2) at such time as seventy-five percent (75%) of the Township, as the Township exists on the effective date of this Joint Resolution, is annexed to the City, whichever comes first. Annexation by the City of the remainder of the Township shall be accomplished in accordance with Paragraph 13. The City shall hire any remaining Township personnel following the effective date of annexation of the remainder of the Township. As soon as practicable following the effective date of annexation resulting in the merger of the City and Township, the City will hold municipal elections for all of the City Council and Mayor positions. 5. Adopt and Enforce Regulations. The City and Township agree to enact, adopt, and strictly enforce all such resolutions, ordinances, or regulations, as may be or shall be necessary to give full effect to the stipulations contained in this Joint Resolution. 6. Tax Reimbursement. Upon the annexation of land located within the OAA pursuant to Paragraph 13 of this Joint Resolution, the City shall reimburse the Township for the loss of taxes from the property so annexed in accordance with the following: a. In the year when the City could first levy on the annexed area, the City shall make a cash payment to the "Township in an amount equal to four (4) times the property taxes distributed to the Township in regard to the annexed area in the last year that property taxes from the annexed area were payable to the Township. b. Thereafter, the City will no longer reimburse the Township. The City shall make payment as contemplated herein no later than December 31 of the first 5 year following; the year when the City could first levy on the annexed area and for any subsequent years. 7. Provision of Services. After annexation of land located within the OAA, the City shall be responsible for providing municipal governmental services to the annexed area. Sanitary sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed residential development within three (3) years after the effective date of the annexation. Sewer or water services, in the City's discretion, shall be provided to an area annexed with existing or proposed commercial, industrial, governmental or institutional development within five (5) years after the effective date of annexation. In the event that the City extends trunk sewer and/or water lines across a portion of the OAA remaining in the Township in order to serve an area annexed by the City, the individual properties remaining in the Township that abut the City trunk sewer and/or water line extended shall not be charged any trunk sewer or water line charges, fees or assessments by the City for the trunk sewer and/or water line abutting said properties until said properties are annexed by the City and are platted and developed. A failure on the part of the City, not due to circumstances beyond the City's control, to provide either of such sewer or water services within the time period specified following the effective date of annexation may subject the area so annexed to be deemed null and void by resolution of the Township adopted at a regular meeting of the Township, and the Township may thereafter petition the Department of Administration Municipal Boundary Adjustments Office, or its successor agency, for detachment of the area in accordance with Minnesota Statutes, Section 414.06. The City shall not oppose the Township's petition for detachment provided it meets the conditions contained in this Joint Resolution. As an alternative to initiating a detachment proceeding, the Township may elect, by resolution adopted at a Township Board meeting, to have the City reimburse the Township for taxes lost on the applicable property annexed by the City at the Township's tax rate applicable in the year of annexation until the services required under this Paragraph are provided to the annexed property by the City. In order to act under this Paragraph, the Township shall make an election by resolution at a meeting of the "Township Board to either; 1) initiate a detachment proceeding, or Z) seek tax reimbursement as provided in this Paragraph, and provide notice to the City of the election, within ninety (90) days of the City's failure to provide said service as required under this Paragraph, or the Township may only seek tax reimbursement as provided in this Paragraph and waives the election to initiate a detachment proceeding under Section 414.06. For purposes of this Paragraph, the City will be deemed to have met the obligation to provide sanitary sewer or water service to an annexed area if within the timeframes specified herein following an annexation of an area, the City awards a contract to a contractor to construct a sewer or water service project making municipal sanitary sewer or water service available to an area annexed under the terms of this Joint Resolution. 6 Every Arinexation Resolution adopted under Paragraph 13 of this Joint Resolution resulting in the annexation of land located within the OAA shall be treated separately for purposes of compliance with this Paragraph 7. In the event that the City annexes land in accordance with a triggering event contained in this Joint Resolution and said land is identified in the City's comprehensive plan for open space or park preservation, the requirements contained in this Paragraph do not apply to said annexation since the intent is that said areas would remain as open space or park land and would not need City sewer or water service. S. Township Maintenance of Services. The Township agrees that it will be responsible for normal and regular maintenance of all Township roads, streets, bridges, drainage facilities and other public rights-of-way that it is currently maintaining within the designated OAA prior to annexation thereof. Maintenance of Township infrastructure within the designated OAA by the Township shall be consistent with other standard maintenance practices employed by the Township elsewhere in the Township. 9. Line Roads. For any Township roads that become the boundary line for the City and Township as a result of an annexation, the City shall assume responsibility for road maintenance and improvement for the entire section of the Township road that becomes the boundary line adjacent to the City. 10. No Annexation Outside the OAA. The parties agree that the City will not initiate any annexations outside the OAA while this agreement is in effect. Notwithstanding the forgoing, the City may initiate an annexation under Chapter 414 if the City is ordered by the State Pollution Control Agency or the Department of Health to provide sewer or water service to a portion of the Township for the protection of the public health and safety and/or because of environmental concerns. Further, the City will not file any petitions for a contested case annexation within the OAA or the remainder of the Township outside the OAA during the term of this Joint Resolution, provided that the Township does not seek to incorporate during the term of this Joint Resolution. 11. Expansion of OAA. For purposes of expansion of the OAA under this Paragraph, the OAA designated herein shall be divided into five sections shown on Exhibit C. The individual sections of the OAA as designated in and shown on Exhibit C may be expanded at such time as: 1) 75% of the land (excluding wetlands, the named subdivisions reference in Paragraph 2.b. of this Joint Resolution and lakes) within an individual section of the OAA is annexed; or 2) the City and Township jointly agree to expand a section, whichever comes first. In the event that one or more of the above conditions exists, the City and Township agree that the boundary line of the section of the OAA meeting the condition contained herein shall be expanded outward one-half section along the entirety of that section of the OAA boundary line as it exists at that time. Notwithstanding the foregoing, the City and Township may agree in writing to a different expansion area greater than or less than the one-half section expansion area provided for herein. 7 The City shall notify the Township in the event that any of the conditions stated in this Paragraph exist. Thereafter, the City shall file the appropriate adjustments to the OAA or any section thereof, within ninety (90) days of January 1 of each year that ends in a multiple of three (3) (i.e.: 2006, 2009, 2012...), with the Department of Administration, or its successor agency, including a new Amended Exhibit A, Amended Exhibit B, and Amended Exhibit C, which shall replace the Exhibit A, Exhibit B, and Exhibit C filed with this Joint Resolution, along with a letter so providing describing the adjustments to each section of the OAA and referencing this section of this Joint Resolution. 12. Withdraw Contested Case Petition. The City agrees to withdraw its pending annexation petition, Pile No.A-6979, as soon as practicable after execution and filing of this Joint Resolution with the State 13. No l learing Required. All annexations contemplated by this Joint .Resolution in the OAA shall not require a hearing or any consideration by the State Department of Administration, or its successor agency. The City and Township agree that, upon the occurrence of an event triggering annexation as provided herein for any land located within the OAA, the City shall provide written notice of such occurrence to the Township, and upon receipt of a resolution of the City (referred to as the "Annexation Resolution") describing such area along with a copy of this Joint Resolution, the Department of Administration or its successor agency, may review and comment, but shall within thirty (30) days of receipt of the Annexation Resolution and a copy of this Joint Resolution, order the annexation of the area designated in the Annexation Resolution in accordance with the terms and conditions of this Joint Resolution. The City and Township agree that no alteration of the stated boundaries as described in the Annexation Resolution is appropriate, that no consideration by the Department of Administration, or its successor agency, is necessary, and that all terms and conditions for annexation are provided for in this Joint Resolution. Provided that the requisite terms and conditions have been met as contained in this Joint Resolution, the Township shall not object to an annexation initiated by the City filing an Annexation Resolution with the Department of Administration, or its successor agency. As of the effective date of this Joint Resolution, there is no election requirement in the law to effect or accomplish an annexation. No such election shall be required or apply to any annexation provided herein either now or during any period during which this Joint Resolution is in effect. 14. Disputes and Remedies. Subject to Paragraph 3, the City and Township agree as follows: a. Ne otiation. When a disagreement over interpretation of any provision of this Joint Resolution shall arise, the City and the Township will direct staff members, as they deem appropriate, to meet at least one (1) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. b. Mediation/Arbitration. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an 8 interpretation of any provision of this Joint Resolution, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation and/or binding arbitration. Adjudication. When the parties to this Joint Resolution are unable to resolve disputes, claims or counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution or are unable to agree to submit their respective grievances to mediation or binding arbitration, or such action has not otherwise resolved the matter in dispute, either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this Joint Resolution and any other available remedies at law or equity, in the case of a violation, default, or breach of any provision of this Joint Resolution, the non -violating, non -defaulting, or non - breaching party may bring an action for specific performance to compel the performance of this Joint Resolution in accordance with its terms. 15. Termination. This Joint Resolution shall remain in full force and effect until one of the following conditions take place, whichever comes first: a. Termination by mutual written joint resolution of the City and Township; or b. The remainder of the "township is annexed resulting in the merger of the City and Township; or c. January 1, 2025. 16. Governing, Law. This Joint Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota. 17. Modification/Amendment. Except as otherwise provided herein, this Joint Resolution shall not be modified, amended, or altered except upon the written joint resolution of the City and the Township duly executed and adopted by the City Council and the Township Board of Supervisors and filed with the Department of Administration, or its successor agency. 18. Severability. In the event that any provision of this Joint Resolution is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Joint Resolution shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Joint Resolution or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. 19. Headings and Captions. Headings and captions are for convenience only and are not intended to alter any of the provisions of this Joint Resolution. 0 20. Entire Ap_reement. The terms, covenants, conditions and provisions of this Joint Resolution, including the present and all future attachments, shall constitute the entire agreement between the parties hereto, superseding all prior agreements and negotiations. This Joint Resolution shall be binding upon and inure to the benefit of the respective successors and assigns of the City and Township. 21. Notice. Any notices required under the provisions of this Joint Resolution shall be in writing and sufficiently given if delivered in person or sent by U.S. mail, postage prepaid, as follows: If to the City: City Administrator Monticello City Hall 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 10 If to the Township: Township Clerk Monticello Township 8550 Edmonson Ave., NE Monticello, MN 55362 Passed, adopted, and approved by the Township Board of'Supprvisors of the Township of Monticello, Wright. County, Minnesota, this day of VqM , 2005. TOWNSHIP OF MONTICELLO C By::a Franklin Denn, Chair ri ATTEST: Nancy Kopff, Towns ip erk Passed, adopted, and approved by the City Council of the City of'Monticello, Wright County, Minnesota, thi A' - day of , 2005. CITY OF MONTICELLO By: (in't Herbst, ZMayor ATTEST: Rick Wolfsteller, City Administrator Passed, adopted, and approved by the Wright County Board of Commissioners, Wright County, Minnesota, this„ZA day of�, 2005. WRIGHT COUNTY By: /)0,,-, Z' -" — Richard Mattson, Chair ATTEST: r Rich4d W. Norman, Luunty Coordinator 11 EXHIBIT A The municipal boundary map referenced in Paragraph 1 of the attached Joint Resolution showing; the current City of`Monticello and the OAA legally described in Exhibit B, is attached hereto. 1� EXHIBIT B The OAA shown in Exhibit A and referenced in the attached Joint Resolution is legally described as follows: Lands in Township 121, Range 25, Wright County, Minnesota: All of Sections 5, 9, and 16, Township 121, Range 25, Wright County, Minnesota And also that part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 121, Range 25, Wright County, Minnesota, lying southwesterly of Interstate I lighway No.94. And also that part of Section 4, Township 121, Range 25, Wright County, Minnesota, lying southwesterly of Interstate Highway No. 94. And also the Northeast Quarter, the cast -half of the Northeast Quarter of the Northwest Quarter and the north -half of the Southeast Quarter, all in Section 8, Township 121, Range 25, Wright County, Minnesota. And also all that part of Section 10, Township 121, Range 2.5, Wright County, Minnesota lying southwesterly and westerly of the existing City of Monticello corporate limits. And also the east -half of Section 13, Township 121, Range 25, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 15, Township 121, Range 25, Wright County, Minnesota, lying westerly of the existing City of Monticello corporate limits. And also the Northeast Quarter of Section 21, Township 121, Range 25, Wright County, Minnesota. And also all of the north -half of Section 22, Township 121, Range 25, Wright County, Minnesota, and that part of the south -half of said Section 22 lying easterly of Statc "Trunk Highway No. 25. And also that part ol' Section 23, Township 1.21, Range 25, Wright Count, Minnesota lying southerly ofthe existing City of Monticello corporate limits. And also that part of Section 24, Township 121, Range 25, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. And also the north -half of Section 2.5, Township 121, Range 2.5, Wright County, Minnesota. And also the north-hall'of Section 26, Township 121, Range 25, Wright County, Minnesota. 14 And also that part ol'the north -half ol`Section 27, Township 121, Range 25, Wright County, Minnesota, lying easterly of State Trunk 111ghway No. 25. Lands in Township 121, Range 24, Wright County, Minnesota All of Section 7, 'Township 121, Range 24, Wright County, Minnesota. And also that part of the south -half of Section 8, Township 121, Range 24, Wright County, Minnesota, lying westerly of Government Lot 4 in said Section 8. And also all of the west -half, the west -half of the Northeast Quarter, and the west -half of the Southeast Quarter, all in Section 17, Township 121, Range 24, Wright County, Minnesota. And also Section 18, Township 121, Range 24, Wright County, Minnesota, except that part which lies within the existing City of Monticello corporate limits. And also that part of Section 19, Township 121, Range 24, Wright County, Minnesota, lying southerly of the existing City of Monticello corporate limits. And also the Northwest Quarter, the west -half of the Northeast Quarter, the Northwest Quarter of the Southeast Quarter and the north -half of the Southwest Quarter, all in Section 20, Township 121, Range 24, Wright County, Minnesota. And also all of the north -half of section 30, Township 121, Range 24, Wright County, Minnesota, and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30. Lands in Township 122, Range 25, Wright County, Minnesota: 'Fhe east -half of the Southeast Quarter of Section 30, Township 122, Range 25, Wright County, Minnesota. And also the Northeast Quarter of the Southeast Quarter and the east-lhall' of the Northeast Quarter of Section 31, Township 122, Range 25, Wright County, Minnesota. And also that part of Section 32, 'Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City or Monticello corporate limits. And also that part of the Southwest quarter of the Southwest Quarter of Section 33, Township 122, Range 25, Wright County, Minnesota, lying southwesterly of the existing City of Monticello corporate limits. 1.5 EXHIBIT C The OAA section map referenced in Paragraph I I of the attached Joint Resolution, showing the sections of the OAA in the Township for purposes of expansion is attached hereto. 16 Exhibits A, B and C shall be amended to create a straight line as the southern boundary of the Orderly Annexation Area. This change is accomplished by amending the legal descriptions of property included within Exhibit B as follows. For Lands in Township 121, Range 24, Wright County, Minnesota: Alter the final paragraph of this section to eliminate the phrase "and all of Government Lots 3 and 4 of the Southeast Quarter of said Section 30." The new paragraph shall therefore read: And also all of the north -half of Section 30, Township 121, Range 24, Wright County, Minnesota. No other changes to Exhibits A, B and C are proposed or adopted herein, and the prior exhibits as amended are included herein by reference. 12 MONTICELLO 0 2 -500 5 000 10,000 Feet Legend Orderly Annexation Area City of Monticello Monticello Township Boundary A WSB &Associales, Inc. MONTICELLO a '2 5C0 5,CCJ 10,0 0 eet Legend Orderly Annexation Area City of Monticello Section 1 Section 2 Section 3 Section 4 Section 5 1 WSB d _4'swiwes, Inc.