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City Council Agenda Packet 03-23-2009AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 23, 2009 - 7 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Call to Order and Pledge of Allegiance. 2A. Approve minutes of March 9, 2009 Budget Workshop 2B. Approve minutes of March 9, 2009 Regular Meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and Parks. B. Consideration of approving three year contract for fireworks for RiverFest celebration. C. Consideration of entering into an agreement with a telecommunication company for the purpose of obtaining reliable access to a fiber transmission line. D. Consideration to adopt a resolution ordering abatement of hazardous building. E. Consideration to authorize funding for required archeological study at the Bertram Chain of Lakes. 6. Consideration of items removed from the consent agenda for discussion. 7. Public Hearing for Municipal Consent of Mn/DOT's staff approved layout for the I-94 Bridge Replacement Project. 8. Public Hearing: Establishment of Business Subsidy Criteria. 9. Consideration of adopting an ordinance amending Title 7, Chapter 1, Public Nuisances. 10. Consideration of approving amendment to Business Subsidy as related to TIF/GMEF/Small cities. 11. Consideration to approve a request for a conditional use permit to allow outdoor sales and service at River city Extreme for an outdoor volleyball area, zoned B-4, Regional Business. Applicant: River City Extreme. 12. Consideration to enter into a listing agreement for the city owned industrial land with Nelson Realty. Agenda Monticello City Council March 23, 2009 Page Two 13. Consideration of approving additional landscape screening for the WWTP. 14. Approve payment of bills for March. 15. Adjourn i ~r ~` a U G L 4 a L .:~ z~, u d R1 Q ~G G R3 ~+ C 3 O d ~ ~ ^" ~ v o ti O ro '. . °' ~L .- r I u /~ r ~ N ~ ~ O y C~ ~ ~ o ° A M N O~ O N O U ~ ~ z U ~~, ~o u U :: °~' ~ ~ 'o U .7 a. 0] b ~ ~ b W W W W W d d d d d O O O N O M O O O O O O O V O O O O ~n O O 01 O~ O~ O _ O O ~--~ O ~ ~ ~ ~ _ ~ O~ O~ O~ N O~ 4J t~ (~ [ ~ l~ l~ ~ N 01 G~ ~ ~ N 7 7 V .-. .-. .-. C M M M V 7 7 U O ~ M d' _ ..~ U C+ V M V' V M 7 V ' ~ V ~ U 7 V' C V ~+ M M M M ~V ~ 7 7 U vi ~. N N ~ 7 V' a G' 0 0 0 a C O ~ ~ d 6" N N N N N N N i CT' N N N N O' t~ l~ V .--~ V O~ V] M GJ N !/] Q1 6) N_ N_ N_ N_ ~ ~ N_ V] ~ N_ .N~+ ~ N_ ~ N ~ .N-~ ~ ~ ~ ' V V v V1 u) V1 V~ to V1 V1 ~t ~t v 'c1' V 7 d' ' V1 V1 V1 Vl 7 U~ V V1 V1 V 7 'V' U d N N X 0 0 0 V N ^C O ~ ~ ~ b ~ ~ ~ ~ ~ ~ N N N N N N N ~ ~ ~ ~ `O ~ ~ N N N N ~ ~ ~ A N N U ~D 'V U U N N N N N N N U N N N N U N N O~ Q~ O~ O~ O~ O~ G~ O~ O~ O~ O~ Q~ 01 Q. Q~ Q~ O~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N ~ N N N N T O~ Qi .-. .-. .--i Qi ... O~ O~ O~ Q~ T O~ O~ ~--i .-. ... ..-~ .--i ~--~ .-. O~ O~ T O~ .--i \ r+ ~--i T O~ ... .. M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O ~ I~ O O~ l~ -y ~ N o0 ~ O O O O O N~ O O O O O O M oo O M oo O N t~ r~~~ O N O 00 V V ~D O~ O~ ^+ O N Vl ~ [~ O o0 r ~ ~ ... O~ Qi OM N N ~ ~ ~ ~~ M V N M N 00 M ~ N N U A h N ~ U ~ y ¢ N N U , ~ ~ ~" . i . i ti ti ti ~ ~ ~ O O O ~ b ~ " 6~ N ~p ¢, V N N ~ N ~ U td C 0 0 0 ~ ~ ~ ~ N N ~ ~ N ~ a N [- V a. c .~ c~ c~ x ~ ~ ~ •~ U ~ ~ ~ N r ~~'" O ~ ~ d .-~ N N . U .. d U . C U d .~+ ~ ~ .U+ o ~ b d ~ y :9 ~ ~ ° o o E"'i ~ O (~ ~"i y N ^ O O b > N L1 U d ~ U d U U d O V N M ~ O O O O O .. p~ ~ v v v v o0 00 00 i.. 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N N v O~ U U O O O O O O O O d' O O U ~ ~ ~ ~ ~ ~ ~ ~, ~ O O N O O~ U ~, N ~ O ~ N ,-. ~ O ~, U -C O ~ ~ U s 0 0 ~ ~ N n: ,-. .~ .~ X 0 0 0 0 0 0 0 0 N ~ O N ~O -- .-. N ~ ~--~ N V •-+ U U b U ~--~ rr U ~--~ ~--~ r+ .-. ~--~ .-. U o, o, rn rn o, a, a o, o, a~ o, rn rn o, rn o. o, o, o, o, o, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O ~n O ~D ~!1 N N E Q~ oo O O O O O O O O O o0 0 0 0 0 0 N 00 00 --~ -~-~ v? ~? o, oo V V' N ~ O O O O O ~ N M ~ O O O O~~ oo ~ . vl t~ r O O T 4\ N ~ h O O O O M m N O O O O V l~ N ~ N er ~--~ ~--~ N 7 7 l~ ~ W W D1 .-• Q1 ~ O O Vl O~ 00 00 .~ N N ^ ^ M d' ~D N M M 7 7 ~n 7 ~O c~ N td cV ti ~ Fem. N !~i ice. ~ U Q\ ~ h ~°'-, i o i i w a C° ~ . ~~ ~ ~ o~ o o ~~ W ~ M v~~ ~ G G ~ ~ N-i F"'i y N ~ V' ~ --~ N ~ ti F C S _ M N N O N M N O N N O O N N ~ ~ ~ ~n V vi vi V vi vi ~ ~`~., b 0 .~. U y ~? y ~ ~ ai ~ ~ ~ ~ ~ F ~ Q, °o N ~ ~ F b 0 0 0 0 0 0 0 0 ~ d a~ ~ .~ w ~ C ~ C ~ ~ 7 C C .t ~^ :+ .C ~ ~ ' .C p U U U U U U U U U u. v7 U i.~. u. V w cCG t~3 t2 ~ t•' 3 3 3 3 3 3 °' °' :: °' U ~ U .y ~ ~ ~ ~ {~. { N M M M M N N U N N N N C C y y; • ~ a a a ~ ° °p °c •~ ~ U ~ U U U U U U U y N ~ .C-i aU+ ~ N N d N d ~' aU+ aU+ ~ .b Cry ~ ~ _ .~ [/J t/~ [/] V] VJ V] V] V C s, bq OA bq bq bA b~q bq bq t° b A ~ O Q Q A A A A A A itl N o F ~ a ,~ o x ~ o 0 0 0 0 0 0 0 0 ~ ~ b , X c~ ~ , ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ N .-. .C y ~ ~ d ~ ~ ~ ~ ~ .~ ~ . U ~ ., w ~ ~ U w cG u: u; a' a: rs' w' w U C7 ~ >, ~ ono a°, ~ rn N N _o 00 '~ ~ ~ ~" ~ l~ N M M 7 M ~/1 M ~ O ~ O ~ C M b y " b M " 'CO ~ N N b N N 'CO ~ ~ .~.. .-. ~ ..~ .-~ ~ 'O . . l~ n r ~ O N N C p C pp C M .-. C o0 00 00 00 00 00 00 0o C ~ ~ ~ ~ O N N ~ ~ ~ ~ ~ ~ ~ ~ r' ~ D\ ~ D\ D, ~ V1 ~ ~ ~ J ` ~~{ V rn 0 0 N O O G T .a y a w 0 0 4 QI U N U N 7 O U d a. • ~~ c L F i v .i '~ Q 6r l4 A G' R Or L' a O a a A w w w w w w w Qi Q Q Q Q Q Q ~ 0 0 0 0 0 0 X 0 0 V O O O O V O V O a' O O ~ O ~ 0 0 0 0 0 0 D1 D1 a, D\ O~ 0\ N N N vl vi O_ O O O 7i N N 0\ 7i ~ ~ ei O O ui M M O_ N N M M M M M M U .-. ti ~+ N N U M M M M C M M M M V .~-i C.,' N U .r C M U M V1 ~'. M N U M C M U C V 7 V V 7 7 X 7 7 ~ R 7 7 V' ~ V' ~ V ~~ V ~ V ~ O O O O V O O' h l~ C 0 0 0 0 C O" O p' 0 0 O" N v' Q, a, ~ Q\ ~ D\ Q\ a\ O D, n O~ U N N V] '. a> O O O O V] N N N N N O V1 N N --~ v7 O a) ~!1 Vi V] r r O N Vj .~ O C/] O. M M N N N N ~ ~ ~ O~ Vl ~ ~ ~ ~ ~ ~ U ~ ~ U ~ ~ ~ ~ U ~ U ~ U ~ ~ U ~ V ~ n [~ n O~ .~. O N A 0 0 N X 0 0 0 0 U -q O N .-. ~ vi U p~ Q\ X 0 0 N ~p ^[ N N ~' N N N N ~D N U U U U ~D U ~D ~O U N U 0\ Q\ ~ Q\ O~ O~ O~ Q~ O~ T ~ D\ ~ Q\ O~ ~ D\ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O i N N N N N N N N N N N N N N N N N Q~ Qi Q~ O~ C~ O~ 01 01 01 01 O~ O+ T ~ T O~ O, M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O 7 V 7 7 ~D V ~ O~ v'1 V' O O O ~D v'1 vi O O 0 0 O O O --~ --~ -~ --~ M ~-+ O D\ r V' ~ ^~ O O b o0 00 O O O O O O O 00 00 00 0o vi oo ~p N vi oo O 7 vi vi C' vi vi O O oo O oo ~O V N N N N O N ~ O~ O O~ ~-+ M 7 7' M ~ 0\ O O ^~ D\ 'V ~O N M ^y -+ N o0 00 p~ V ~ V ~ ~Q b ~~ Q ~ °' a a N ~ a m .a ~ V ~ o 0 ~ >, W h ~ ~ 4J C N ~ U V N U U ~ V V U - . O ~ ~"' ~ H +~. O O V] N N V 7 ' ~ ~ O N Y ~ '~ ~ i c ~ U U ~ U c ~ ~ ~ .o o ~ ~ ~ ~ on 3~ ~ ~ ~ 3 '~ E.., p F ~ ~ F, ~ w F' ~ E" ~ 0 is G y o o J ~ ~ C7 ~' C C 0 . O 0 ~ rn ~ 0 a a i ~ V C . a i t U U ~ b 'd a i .C O C: ~ a i .C ttl N a i .C ~ s. U C7 . . v~ ~ U Q~~~~ U . F a U a: N U C7 C a ~ ° v U `~' ,2i o 0 a ~ o 0 H ~ 'd F U ~ ~ v ~ U a°i on U ~ v, U C7 00 N .--~ V' 00 Q~ ~ W ~ h O O O O C t~ ~ O O N oo ,__, ~ O O ~ .N.. N., .N.. ~ ~ Z O n .-• ~U T O ~ 00 C G O -^ ~ O O ~n l~ O N C ~ .-. 0J ~D t~ N l~ n O O .. .. .-. V ~~~~ .~., ~ O a, p .~~.+ .~~. ~~ ~~ O N N O N O •C M M M M M M b N N b ~ ~~~ . y b~ b b ~ ~--~ ~--~ ~ ~ b 7 V 7 7 V 7 ^ 00 00 G Oq Cq ^ O G' v~ ^ pp pp Q .-. G C 0 0 0 0 0 0 O O O O O O O p O V O O O O ~ ~V ~ ~ ~ R= ~ , oo , , N ~ • • a v U C L 4 a 7 z a ~~ C ^, ' O ' Q e 0 a •V J C z ~O n v -o ~o ti v ^~ ~ ~ ^~ W W W W W U U U U U O O O O O O O O O O O O ° o 0 0 ~n o ~ o vM, O O O ~ O O O O O O O O O O O O O O O O O O O O O O O O O O M M M ~--~ M M M ~--~ M ~--~ M ~-+ M ~/1 M Vl M h M ~ M U1 M U1 U N N d' U 1!1 4'1 V'1 U ~D U .-r U l~ U N N N N N U M M M U M_ N N U .--i .--i M N M N M N M N M N M N ~' N N N ^ N C N ~ M M M L'. N N N 7 7 V' a' 7 d' 'ct V V V' '7 V ' d' V V ~ d' ~ 'ct ~ 7 ~h ~ ~ V V 7 O O O O O O O O O O O O O" 0 0 0 CT' O C O C V1 O C 0 0 0 ~n vi ~ in ~n ~n Vi ~n ~n vi vi Vl t~ n [~ n n [~ [~ [~ n n n [~ U ~ Vi V1 V] n N r ~ ~ v1 V U V V] V ~ .-. N_ -~ [/~ --~ a) O O O C/1 N N N O~ O~ O~ T O~ O~ O~ O~ Qi O~ O~ O~ O~ 01 O~ O~ Q~ M M M N N N ~ ~ ~ ~ ~ ~ ~ ~ O O O O O O O O O O O O ~ o 0 0 ~ o ~ o ~ o 0 0 ~ o 0 0 ~~~~,~~~~~.~~~ ~~~~ ~~ ~~ ~ ~ v~~~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N O~ O~ T O~ O~ O~ 01 O~ O~ O~ O, O~ O~ O~ O~ T O~ O~ O~ O. O\ O~ O~ M M M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O v~ O O O ~n O O v1 vl M ~n ~O N ~n v'1 O O N N O O v1 v1 v'1 v~ ~D O M M l~ ~n ~n V O~ I~ O oo v1 V ~ ~O h 7 O N o0 00 O O O~ ~O O~ vi V1 V ~--~ V ~ V O .-. ...• oo in co 00 00 [~ 01 O~ oo [~ ~ <t O O ~t ~t O~ O~ ~ ~ 7 'V' [~ -+ oo ~' N ~t ~O N [~ I~ O~ O. O O M 7 M M O \O h M "" 7 ~D M M V V N M ^' ^' ~ M ~0 V1 M 7 ~ N N Q N 3 a 3 ~ ~ ~ ~ w ~ '~ R °o b ~ a °' ° ~ U y y ~1 R: bfJ ..~. [/I C VJ q ti U o W . c a~i G ' ~ • v ~ ~ ~ ~ .~ F+ .~ w ~ u ~ p I.n O ~ m ~ ~ F, c F. .., u U a ~ U 3 x ~ U x~ ~ U Feu w o w ~ U x > > h ' C7 x~ .~. cn . .~ N N M 7 N N N N O O O N "" "' y "' "' O O O O~ O~ O O ^+ ~ N N M M N N ~ N N ~ ~' W ~ N ~ ~-' l~ l~ O ~ ~ ~ ~ 0 V V~~~~ 0 0 0 0 0 0 ~ ~ M M 'b N '~ M '~ V V' ~n '~ 0 0 0 b ~ o0 0o co 00 00 00 0, o~ --~ --~ vi vi 7 V V V V V l~ ~ 00 00 .-~ .~ h o, rn A O O O U o C oo U ~ G N N X 0 0 0 U o0 00 00 ~ .-. .-. .-. U 01 O~ O~ O~ O~ O~ O~ O~ O~ Q~ [~ l~ vl ~ vl N ~ V1 V1 v1 0 d ep a r~ ~J U C Y W N L .G E :S z Q O Q C d ~. 3 O Q a .~ U A C z y .O ^o ~ti •ti ~c c c c p ~ ~ ~ R W W W W Q Q Q V1 vl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V ~n O l~ v'1 O bo vl 0 0 0 0 0 0 0 D\ --~ 'n O D\ O O O O D\ 0 0 0 0 0 0 v1 O O O O U M M M lD M M M T V1 ~O M 01 M M V' M O1 ~ M M M M M V' M M U N N N V N N N ~--~ ~--~ N ~--~ N N 7 N --~ d' N N N N N --~ N N N ~D U .~. U .--' V N U U t." N N N N N N N M N N N N N N N N N N N N N. N N N N N O N C N ^ ~ 7 'cl' d' 'V' V V' V' 'V V ~' 7 d' 7 V' V V' V V ~ 7 V' 7 d' 7 ~ 7 ~ d' ~ ~t = N ~ 7 ~ ~ 7 7 7 ~ O O O N ~ O O ~ O ~ O d N ~ O ~ O N_ N_ O N_ ' V N_ ' V _ d ' d ' ' a' O V ' V] V' V' V V' 7 N .-• N V 7 V' 'R N 7 '7 V' d' d' N 7 V' ~ ~--' i O V] V C/~ 0\ M 0\ M D\ D\ 0\ V1 M Vl Q, M O~ D\ M a\ N M Q+ ~ D\ D\ U v1 O~ Q~ ~/1 D\ U ,... ,..~ ,_, ,... ... ,_.~ A O O O O O O O O O O O O O O O O O O O O O O O O O O U ~p ~ N U N ~••~ O U ^G U V' ~--' 'V .-• ~D ~D ~D .-• ~-• .-. ~D ..• ~O ~D .-• ~D --~ -+ ~D ~O rV ~O ~O ~O ~D U N U ~D U O\ ~ ~ ~ 01 ~ Qi O~ 01 T 01 0\ ~ Q\ ~ O~ D\ ~ D\ 0\ 0, ~ Q, ~ T ~ ~ O\ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N O~ O~ O~ C~ ~ 01 O~ O~ O~ O~ O~ Q~ 01 O~ G~ O~ O~ O~ O~ O~ Q~ O~ Q~ O~ O~ O~ O~ T M M M M M M M M M M M M M M M M M M M M M M M M M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0\ 7 n M M [~ D\ O ~ O V'1 N o0 M V1 l~ O ~ Qi N n V O 01 ~ D\ ~ ~ 00 _ ~O 'n V l~ oo O N O V ~ O D\ N ~ D\ ~ O N V M oo M V M O a\ D\ V ~ tV ~--~ ~ h V V' Vr 'n M ~O M Oi O co 0 Oi N N ~D oo M 7 C}' M ^~ O~ O M M ~ h ~ 01 l0 ~ 7 ~ N M l~ N M .~. M ~--' h~ M~~ N M ~--~ h M l~ 'd' ~ O O ~--~ --~ --~ -- r N M ~--~ ' --~ oo V 7 N N N H ~ U O U b A G ~..~ 0. U ~p y rn V U ~ .C ~ U a ~ ~ ~ c ~ V ~ N U O ~ ti b 'O ~ O ~ N N bA b .X. X O ~ W G. M ~ t-: ~ G N 'n M U y _: ~ of 7 b M p V c .n ° i~t to b ~ o a -- N ~ .c ~ .a 'fl ° ' oo ,M ~ '-~ 7 ~o ti U • o o o ~ . . v 3 v, ~ `n U H ~ ~ ~ OU M ^ ~ C ~ ~ > ¢ ~ S ~ ^ o a R F" _ ti .. . ~ ~ u u R h x O y V , vi N ~ U N i ' ~ i i i O 0 ~ P - N H ~ ~ 'L7 ~ 7 ~ O O •'' N 4 ~"' M ~ C Ri Ri ~ Ri R: R: R: CL ~ ~U, ~ ~ G. U C. U E ~ ~"'~ N F Vl U ~ ' H ~ ` `n ~..i ~ ' i 'n ~ E ' Cl, Cq ~p B o .~ ~ ~~ a. N a y ~ " . o o a Y > .. .. .C U ~ O ~ N c A w `° o w ~ ~ b a. ~ ~ 3 o y c o o p d E., a a v >, p ti w_ ~ o o h ~ w w_ _w w_ Q o 0 0 o 3 p, P, F C Fo '~ c c'' o ~" vLo, cxi °~ , C7 ~ ~ ~ C7 ~ N oq z '~ •ta K ~% ~ ^ ~ .b 5 C7 ~ C7 C~ yu y b E ~ U N v ro G v ..a ^ ^ ^ '~ U x rn~ o v x on v w V P: Q, r Q R: N v~ o v U O~ oo O O O O `N `N D\ ~ D\ a, `N , V] Z V .~L U ~D U ~-, M V Vl M 7 V v~ N N l~ N .. 'n .-• ~ o v o rn o ~ _rn o, .-. c~ ~o ~ r oo N v M t~ rn ~ -~ ~ .. vl ~ M Vl 00 00 N N ~--~ V N 00 ~ ~ M V1 l~ O O O M V1 7 '" ^ '^ N O D\ ~ N V ~O o0 CC T l~ ~ M O o0 O o0 0o O_ l~ l~ 00 ~ ~ ~ V1 V M O M O ~ O b --~ M 7 'n ~--~ ~-+ V 'n 'n O_ ~-+ ~ O O V O O_ N V O V 0 7 b b 0 'c7 p N N M N~ N D\ 0\ N D\ ~ --~ N 'n --+ N M N a\ N T G N p 0 G U 0 0 --~ N D\ O O N a, T 0 0 0 O~ a\ O O O O O O N O T O a, U O U O U ... .-. ~. .-• .-• N N N N M 7 ~ 7 V' V'1 ~O ~O V' l~ ~ ~ ~ 00 00 Q\ ~ ~ O~ ~ 01 • • ~o a a Y L 4: .G '~ z Q 67 RI Q s G '~ O C c 0 a .~ v A f L _J C z u_ .O r~ ~o ti b ~ ~ ~ ~ ~ ~ C C C W W W U U U Q Q Q 0 0 o rn v, o o ~c o ~ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O~ O~ U ~ N O O O O O O O O O O O O O O O O O O O O O O O O O O O O 01 T O~ N N N _ U V O V V1 U O _ _ _ _ _ N M M M N M M N M M M~ M M M M M M N M M M M V M ul M h h M~ Vl M Vl M Vl V1 M V1 V'1 h M V1 M V'1 V'1 M ~(1 M ~/1 Vl N N N C M C~ C M N M N N M N N M N M N N M N N N M N M N N M N M N N V V V ~ V ~ ~ V' ~ V~~ V 7 V <P V~ 'd' V tt '~ V V 'cl' V' 7 7 7 d' d' 7~ 7 V' N N N O' [ 6' O O" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N_ N N U N cn •--~ V O cn N V Vl Vl h ~ h h v1 v1 h vl v1 h ~ vl h h h Y1 v1 4'1 V1 V1 V1 V1 V1 ~!1 V1 [n r r r r r r r r r r r r r r r r r r r r r r r r r r r v1 v'1 v1 v'1 N Q~ Q~ O~ O~ U U Q~ U Q~ O~ T Q~ O~ Q~ Q~ O~ U O~ Q~ Q~ O~ Q~ Q. O~ O~ O~ O~ N N N -C N ~ O -C O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N U N U .-. U V ~D ~D ~O ~O ~D V ~D 'V ~D ~O ~O V' ~O V' ~D ~O ~D V' ~O ~O ~O ~D ~O V' 'V V' O~ 01 O~ O~ O~ O~ 01 O~ 01 O~ O~ O~ 01 O~ O~ O~ O~ O~ D1 ~ ~ T O~ O~ O. O~ O~ O~ 01 01 T O~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N O N O N O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N O~ O. 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X O y a~i W ~ S ~ ~ U n a N ^• r ~~ O .b M C ~ 7 ~ a V 0 o o ~ H x ~ U C V ~ U .°, N r r o0 0o rn~~ r o 0 0 0 ~' M M M M M r r r r r r r r r r ~--~ N~ 7 Ol Q~ N ~O ~O Q~ 01 00 ~ V V V V ~t co 00 00 00 0o vi v~ v~ ~n o0 00 .--~ .-. O V' d' 7 7 M b N N N N N V V 7 vl V1 V1 ~ vl r r M M V1 N h ~ ~ 'V `:. W C 0, U O~ Q~ O~ Qi Qi O~ O~ O~ O~ O1 O~ O~ O~ O ~ O_ _O O_ O_ ,-• .-. ..• ,-• .-. ,.-, V vl vl vl v1 vl M ~ vl vl Vl V1 ~ In ~ h O O _N N bq N a • 61 C i v a Y 7 a+ ~ 'i A C T E} a w C O O Q a u A C z y v C ~ ~ ~ ~ ~ d ~ ~ P A ~ N ~ ~ t C c tl W W W W W W W d d d d d d d N M 7 vi `^, l~ o0 ~f. O O V O ~D O ~D O O ~D O ~O O ~D 0 0 0 0 0 0 0 0 0 T O O ~ O O ~ U O a\ O a\ O D, O v1 a\ ei T 7 U .--i O C M M ci N U O C M ii h V ... 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M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O a, M v1 I oo O O I O O O I O ~ ^-' I O '7 M ~n I M O I O O O O I O v'1 ~O ~--~ oo ~ oo ~ O r ~ r N O `:; ~ 7~ oo O O O O O O l~ l~ N ~~ h O o0 m ~ N O M O~~ ~ ~ m O~~ p l~ vl ~ ~ h O l7 O ~fl Vl ~ ^ O N ~--~ N [~ M ~ Vl ~ ~ ~ Vl O N p~ ~/1 --~ V' --~ ^ N --~ N M tt [~ l~ N ~C O~ O O .d b C C 7 W Q aV. w +-' N N _G C ~ N "' '" ~ bA bA G C C a O O ~ ~, 'c ^o G ` '~ ~ o ~ ~ ~ 3 o o a ~ b 4] V C C N cC V ~ ~ V ~' p bq U ~ C V C V ~ P.. a Oq ~+ r3 V U C C ~ ~ ~ N H . ^. v p . C . -1 • y ~ ~ ~ V1 N v, U b ~ V V ~ i G a ~ ~ > C b b ~ y I3~ y m p U ro V •~ •'v ~ U o y 'd ~ o 'd ~ o `~- is o ca X ~ ~ 3 3 ~ o ~ w ~ ?: 3 ~~ a~ o a ~ o U ~ ~ ~ o ~ F. ~ F d ~ xt F ~ H y R' ' F 3 en H ~ o p o H .x ~ .Y o x ' c ~~ x ~ co ~ o ~ A ~, o ~ o ~ 4: x Y U~ U ~ x ~ v ~ d v v ~ ~ o v ~ cra a s ~ R V ~ ~ m ~ cn V ~ q o V ,~ ro V ,, .~ U ~ U ~ U~ U ~ V U U ~. ~..^..~ .~'....~_. 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C a O Q C O a V A c z v u 'c c ti p cd C W U Q N h --~ O .. O~ N T U .--~ ~ N 7 O" O d ~--~ V7 M U ~ .C r U ° rn 0 0 N P1 O ~O N N 7 N _ h _ 7 ~ 0o N N 7 "'~ M Do 00 lD "" .--i M V M N l~ 7 a' GL F. W V a 7 b ~ V1 G v U w `-' ~ o ~ X ~ a a' . o o o U z ro ~ ~ ~ N -~ ~ w o y V U Ly P ^ V N ~ ~ ~ ,~ °' o U U a . U E - H 0 C M °v MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday March 9, 2009 5 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Woj chouski. Members Absent: None 1. Call to Order. Mayor Herbst called the meeting to order at 5 p.m. and declared a quorum present. 2. Discussion of proposed cuts in 2009 budget. Finance Director Tom Kelly updated the Council on the latest budget forecast for the state and its impact on the City. The state's budget deficit has been reduced somewhat by application of the stimulus funds. In order to get the budget issues resolved the state may have to call a special session of the legislature with the possibility of a shut down of state operations if the issue cannot be resolved in July which is the start of the state's budget year. All of the City's market homestead for 2009 in the amount of $263,000 will be cut. This aid is split among the various funds the City levies for. The general fund share of the market homestead aid is $178,000. City staff came up with a list of proposed budget cuts which Tom Kelly reviewed with the Council. Staff is recommending that the Council adopt the cuts proposed in the budget memo. Staff tried to come up with additional sources of revenue and expenditure cuts. Tom Kelly pointed out that some of the proposed cuts may impact the level of service. Brian Stumpf asked about the contribution to Community Education and questioned if the City had not already made a cut to that item. This is something staff will research further. Susie Wojchouski brought up several items proposed in the 2010 capital improvement budget and questioned whether those couldn't be delayed. Clint Herbst responded that those items could be looked at but they would not impact the 2009 budget. Tom Kelly cautioned against pushing back the purchase of equipment items as that will put these items into purchase time of other equipment needs. Clint Herbst asked if Tom Kelly had a chance to discuss the proposed cuts with the department heads. The Council was informed that there were two meetings of department heads where budget cuts were discussed. Brian Stumpf noted that some of the proposed changes such as the straight eight would affect all personnel and he asked when the changes would go into effect. Clint Herbst indicated the changes would not take effect until April. Staff addressed other specific questions raised by the Council relating to the budget and city operations. Clint Herbst asked if the state was proposing any change in the way the power companies were being valued. Jeff O'Neill noted the Coalition of Utility Cities was pursuing changes to the valuation method. Tom Kelly reported that the $355,000 the City is supposed to receive in transition aid (aid the city receives because of the loss in property valuation for the power company) has not yet been cut from the budget but it is a possibility that the state could still do so. The Council discussed whether it would be better to have the old formula back in place or receive the transition aid. Tom Perrault asked about overtime and how that would be monitored. Tom Kelly explained that for the Finance Department their overtime was driven by conversion to the new finance system. He then updated the Council on the progress of the system conversion. Glen Posusta asked about the cell phone policy. Tom Kelly responded that they are looking at how the minutes are divided up and who really needs a cell phone. The City's cell phone contract has been moved to the state contract and the City is realizing some savings by that move. SUSIE WOJCHOUSKI MOVED TO APPROVE THE CUTS PROPOSED AND USE OF CITY RESERVES TO ARRIVE AT THE $263,210 WHICH REFLECTS THE IMPACT ON THE CITY OF THE GOVERNOR'S PROPOSED BUDGET REDUCTIONS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Adiourn. TOM PERRAULT MOVED TO ADJOURN AT 5:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary Council Minutes: March 9, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 9, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of February 9, 2009 Fiber Optics Workshop BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 9, 2009 FIBER OPTICS WORKSHOP. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of February 9, 2009 Regular Meeting. Tom Perrault clarified that on item #8, page 7 relating to the appointment to the Police Commission he had stated that one Council member should be appointed as a voting member and the other as a Council alternate and not as a liaison as noted in the minutes. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 9, 2009 REGULAR MEETING WITH THE CLARIFICATION NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of February 23, 2009 Regular Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 23, 2009 REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf added parking on School Boulevard to the agenda. City Engineer Bruce Westby asked that the Council amend their motion of February 9, 2009 changing the public hearing date for the River Street access closure to the last meeting in May. This will give staff adequate time to get additional traffic data. BRIAN STUMPF MOVED TO AMEND THE COUNCIL MOTION OF FEBRUARY 9, 2009 CHANGING THE DATE OF THE PUBLIC HEARING ON THE RIVER STREET ACCESS CLOSURE TO THE SECOND MEETING IN MAY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes: March 9, 2009 4. Citizen comments, petitions, requests and concerns. Chad Gessler, Director of River Rider Transportation spoke to the Council regarding their program and its operation in the community. The River Rider program is a joint venture between Sherburne County and Wright County to provide transportation. The program is funded by the federal government and MnDOT. However, the counties participate in the funding if there is a shortfall in the operating budget and they also participate in capital purchases providing 20% of the cost of a capital purchase. The program provides two types of service: 1) Dial-A-Ride where the person calls in requesting a ride and 2) Route deviations which are contract routes that River Rider does from a specific industry such as Functional Industries in Buffalo. River Rider has seven full-time drivers and six part-time drivers operating from their facility in Big Lake. At the present time River Rider has 14 buses on the road. Their board is made up of two County Commissioners from Sherburne County and two from Wright County and a representative from one of the cities in the service area. This year that representative is the Mayor of Cokato. Chad Gessler reviewed the level of service and the number of riders served. He noted that the 2009 budget he submitted was just under $1,000,000 but added that MnDOT could cut back on the amount of their funding. The North Star rail service is to suppose to begin operation in November and Chad Gessler was requested to plan feeder routes for the rail service. River Rider looked at the site of the commuter parking lot in Monticello but decided against it as it didn't make sense to have a bus take people to the station when they could get there in their cars just as fast. He stated he would like to see the hours of service extended so River Rider could provide evening and weekend service. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and Parks. Recommendation: Approve the hires and departures as identified. B. Consideration of approving contributions for the Fire Department from Untiedt's Vegetable Farm and an anonymous donor. Recommendation: Approve the contribution and authorize the use of funds as specified. Res. #2009-10. C. Consideration of approving a three year contract for fireworks for RiverFest celebration. Recommendation: Approve entering into a three year agreement with Melrose Pyrotechnics, Inc. for the Riverfest fireworks display in the amount of $8,000 per year. D. Consideration of authorizing advertisement for bids for fiber optic build out. Recommendation: Approve authorizing advertisement for bids seeking contractors interested in constructing the fiber optic network. 2 Council Minutes: March 9, 2009 E. Consideration of approving contribution from Tom Perrault to the general fund. Recommendation: Approve the contribution and authorize use of funds as specified. Res. #2009-11. Jeff O'Neill requested that item #SC be tabled since the City had received a letter from someone who had not been able to submit a bid. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE TABLING OF ITEM #SC, CONTRACT FOR FIREWORKS FOR THE RIVERFEST CELEBRATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of adopting 2009 Monticello Transportation Plan. City Engineer Bruce Westby briefly reviewed the Council agenda report and introduced Wayne Fingalson, Wright County Highway Department Engineer and Terry Humbert from MnDOT. He stated the current transportation plan was adopted in June of 1994. Growth provided the impetus to update the plan and in 2007 the City began the update. Various entities, city boards and commissions, MnDOT, Wright County and Sherburne County have reviewed the plan. In addition there was a public hearing held by the Planning Commission on the Transportation Plan on February 3, 2009. The Monticello/Big Lake Joint Transportation Committee reviewed a portion of the plan as it related to the river crossing and TH 25 improvements. The Council was being asked to adopt the 2009 Monticello Transportation Plan and to amend the Comprehensive Plan to include the adopted Transportation Plan as Chapter 6 of the Comprehensive Plan. Chuck Rickart from WSB & Associates did a presentation outlining the purpose, objectives and issues relating to the Transportation Plan. The Transportation Plan is a planning document for staff and other entities to use but it is also an information resource for residents. The goal of the Transportation Plan is to aid in the growth of the community, provide access to all types of land uses, allow for ease in the movement of traffic both pedestrian and vehicular and to complement the transportation system of state, county, and local entities. In preparing the 2009 Transportation Plan they used the 2005 draft plan as the base and looked at the Comprehensive Plans for Monticello and Big Lake as far as land use designation. Data on traffic was collected and needed improvements were identified. The Transportation Plan also addresses financing for the improvements. TH 25 is a major consideration as it is a very congested corridor. Even with the construction of the Fallon Avenue overpass it is anticipated that traffic will reach 45,000 vehicles per day on this road. Chuck Rickart discussed various improvements proposed which would meet some of the immediate needs and also address some of the long range issues. The improvements considered include changes to the signal timing which is proposed to be done by MnDOT in 2009. Another option is constructing additional lanes and modifying access points such as the modification that was done at River Street. Council Minutes: March 9, 2009 Among the other options reviewed were adding roundabouts, one-way pair, river crossings and additional interchanges. It was noted that the FHWA would require that the Fallon Avenue overpass be completed before any additional interchanges would be approved. An interchange in the general location between County Road 39 and Orchard Road was proposed but no specific location was identified in the plan. Siting an interchange is an item that would require more detailed study. Although an interchange would divert traffic off TH 25 the issues with TH 25 would not improve until there is a second river crossing since all traffic must cross the TH 25 bridge. There are a number of options for a river crossing all of which present certain challenges. One would be to widen TH 25 and construct aone-way pair. The negatives to this would be the acquisition of additional right-of--way and the creation of another high volume barrier in the city. A proposed river crossing at Orchard Road that would connect CSAH 75 to Sherburne CSAH 11 would divert traffic from the TH 25 river crossing but it does not connect future growth areas of Monticello or Big Lake. The extension of Washington Street would connect CSAH 75 to Sherburne CSAH 14 and would connect the future growth areas of Monticello and Big Lake. Another option would be the extension of CSAH 18 to connect with Sherburne CSAH 14. This option also connects the future growth areas of Monticello and Big Lake. Because of the existing interchange at CSAH 18 and I-94 this river crossing could be considered to provide regional benefit. Glen Posusta stated the position of Sherburne County is that the county will not take any land from private citizens for roadway purposes. Chuck Rickart concurred that while condemnation of land for roadway may not happen in Sherburne County at this time, there may be willing sellers through which the right of way could be acquired. The 2009 Monticello Transportation Plan also addressed the collector road system looking at collector streets such as School Boulevard, 7th Street, Chelsea Road, 85th Street and the North Frontage Road. Another area of the plan covered the bike and pathway system and also public transit. It was noted earlier by Chad Gessler of River Rider that there was no feasible way to provide bus service to the Big Lake Commuter rail system. It was also determined after study that community transit service into the metro area was not feasible. Chuck Rickart discussed funding options which included cooperative agreements with MnDOT and/or the county. There maybe local or regional agreements for ventures with cost sharing opportunities. Other options were federal funding including opportunities provided with the stimulus package and assessments by the local entity to cover some of the costs. Chuck Rickart also covered the public input process for the Transportation Plan. As part of the plan review by the public and other entities, there are clarifications that will be made to the Transportation Plan. Chuck Rickart briefly reviewed these clarifications. If the Transportation Plan is adopted at this meeting, the clarifications will be incorporated into the plan and the revised plan would be distributed by the end of March. Items designated in the plan for further study would be done in the spring and summer of 2009. The areas for further study include: 1) TH 25 Improvements; 2) River Crossing and 3) Fallon Avenue Overpass. Clint Herbst commented on the need to make the Fallon Avenue overpass a top priority. In 4 Council Minutes: March 9, 2009 order to identify what needs to happen on TH 25 the City has to know what is going on around TH 25. Clint Herbst said a river crossing is needed but he didn't know if it should be located in the City limit. He believes people would resist using the crossing if they have to snake through the city to access it. He didn't want to rush through improvements on TH 25. He also felt the Washington Street extension was not a good option for a river crossing since it would push traffic through residential property in both Big Lake and Monticello. Glen Posusta agreed that the river crossing should be on either the east side or west side of the city. Brian Stumpf felt the issue should be studied but not at this point in time because nothing will be done for 10-15 years. He felt it would be premature to look at a river crossing especially since MnDOT cannot give any assurance as to funding for the project. Glen Posusta agreed that it was unlikely any crossing would be agreed on for at least 20 years. He felt if the City was going to do something they should try to get an additional lane or two on the TH 25 bridge crossing. Jeff O'Neill stated there is a big area between Monticello and Big Lake where Big Lake is planning for infrastructure improvements to handle the growth. That is where the local crossing idea came up. Brian Stumpf stated he felt Monticello was taking the bull by the horns to take care of a problem created somewhere else. Bruce Westby said the purpose of the study is to start looking at the river crossing because the City realizes it will take considerable time before any crossing is approved. MnDOT plans showed a crossing was needed somewhere between Monticello and TH 101. Bruce Westby said no matter where the crossing is located it will impact people on both sides of the river. Clint Herbst felt the TH 25 river crossing should be the local crossing. Susie Wojchouski said she did not get the feeling that Big Lake or Big Lake Township representatives were interested in looking at a river crossing at this time since they have some growth capacity yet. She felt instead of specifying where the crossing should be located the plan should just specify a general area. Bruce Westby responded that it is the City's Transportation Plan and the plan does not address areas outside the City limits and the orderly annexation area. He added until you indentify a location you cannot address how to finance it or get the wheels in motion to make it. Glen Posusta felt Sherburne County should be saying where they think a crossing should go. Sherburne County does not identify a bridge crossing in this area and is in opposition to taking land for transportation purposes. Brian Stumpf brought up the point that if the City pursues this crossing other entities impacted by the crossing will expect Monticello to pay for it. There was considerable discussion on what the role of the City should be in selecting a crossing. Terry Humbert of MnDOT was asked what the odds were of getting a river crossing. He discussed the river crossing study done in 1995 that looked at a crossing between St. Cloud and Anoka which was just finalized in 2007. The result of the study identified that two additional crossings will be needed to meet demand. A local crossing was identified for the Monticello/Big Lake area and another crossing by Kadler Avenue. Glen Posusta asked about the crossing between Clearwater and Monticello. Terry Humbert indicated that four crossing sites were looked at in that study. The proposed crossing is 1 '/2 miles downstream from the current bridge crossing in Clearwater. Terry Humbert stated in selecting a crossing they looked at state travel and future growth. He said the traffic they looked at was driving from the St. Cloud/Brainerd area. Terry Humbert said Monticello is getting local traffic and not long distance traffic on the TH 25 bridge. 5 Council Minutes: March 9, 2009 Bret Weiss said getting the funding in place for a river crossing takes a long time. He felt it was important to plan for soliciting federal funding. Glen Posusta said he agreed that a decision should be made but it should not be just a city decision but a county one as well. Wayne Fingalson, Wright County Engineer echoed what was said by others as far as the need to do the study and planning. He emphasized the City needs to think about what the situation will look like in 15 years. He said any river crossing would bring challenges. Tom Perrault noted that the Planning Commission and IEDC talked about Fallon Avenue needing some development in the area before it can be labeled a top priority. Clint Herbst asked about the time frame if the City decides to put in Fallon Avenue overpass. Bruce Westby felt it would take 2-3 years and Brett Weiss added that getting the right-of--way would be a big issue on the project. The City told the FHWA it would be done within five years after the interchange was completed. Glen Posusta asked for an estimate for adding two lanes across the bridge. The estimate range from $4,000,000 to $6,000,000. There was additional discussion on the river crossing and what option the Big Lake representatives favored. Bruce Westby said for they next meeting they could come back with what the studies will cover and cost estimates for the items covered. He noted that #17 on the list of comments and revisions which indicated that MBL Joint Transportation Committee preferred the Washington Avenue location for a river crossing was not a required revision but just a comment the City had received. The consensus of the Council was to bring this information back at a workshop session. Bruce Westby said the information could be ready for the April 13th meeting which is the earliest date a workshop could be scheduled. Bruce Westby asked if the Council wanted Sherburne County and Wright County officials and representatives from MnDOT at the workshop. Clint Herbst indicated the workshop should be for to just the local officials since they need some time to digest the information in the plan. Brian Stumpf asked if the meeting with Big Lake, Big Lake Township, Monticello Township and Otsego should take place before the City adopts the Transportation plan. Bruce Westby said MnDOT, Wright County and Sherburne County support a local crossing. Jeff O'Neill felt the local crossing was to handle growth far into the future. Glen Posusta felt it should be the people who cross the bridge to use the freeway that should be paying for the crossing. Susie Wojchouski felt the Council needed more information on this. Staff felt chances were better for getting funding if several entities worked together. Bret Weiss felt the City needs to take the lead on this project because Big Lake cannot control what happens in Monticello. He reiterated that planning has to start early. GLEN POSUSTA MOVED TO TABLE ADOPTION OF THE 2009 TRANSPORTATION PLAN UNTIL THE CITY CAN MEET WITH BIG LAKE, BIG LAKE TOWNSHIP, SHERBURNE COUNTY,WRIGHT COUNTY, MONTICELLO TOWNSHIP AND OTSEGO TO SEE IF THEY CAN REACH A CONSENSUS ON WHERE A RIVER CROSSING SHOULD BE LOCATED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of approving four Public Works employees to attend regenerative air sweeper school and training. Street Superintendent Tom Moores explained that Tyrnco in their bid included the cost of training for four individuals at their site in Texas. The City's cost would be the wages for the four individuals. Tom Moores was requesting that the Council approve four Public Works 6 Council Minutes: March 9, 2009 employees to attend this training with one of the four attendees being the mechanic. BRIAN STUMPF MOVED TO ALLOW FOUR STREET DEPARTMENT EMPLOYEES TO ATTEND THE TYMCO SCHOOLING AND TRAINING SESSION IN WACO, TEXAS FROM APRIL 27-APRIL 30 WITH THE CITY PAYING EACH EMPLOYEE 8 HOURS PAY PER DAY WHILE ATTENDING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of approving appointment of consulting engineer. City Engineer, Bruce Westby reviewed the fee comparison done of the fees charged by the City's current consulting engineer and seven other consulting engineering firms. WSB & Associates is in line with the fees compared. Many of the consulting engineering firms charge for mileage and reproduction costs while WSB & Associates includes them in their hourly rate. Bruce Westby felt it was a good opportunity to review the fees charged and asked that staff be allowed to continue this type of evaluation on a regular basis such as every two years. Clint Herbst noted the value that WSB & Associates has in the person of Bret Weiss who is skilled in negotiating with other entities such as government agencies and property owners. Glen Posusta said the reason he brought this up was that he wanted to make sure the fees were reasonable and that the City was getting good value for their dollar. Susie Wojchouski felt the firm did a good job for the City and Brian Stumpf added that he felt WSB & Associates had Monticello's best interest at heart. GLEN POSUSTA MOVED TO APPOINT WSB AND ASSOCIATES AS THE CITY'S CONSULTING ENGINEER FOR 2009. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of approving appointment of consulting planner. Community Development Director, Angela Schumann reported that the staff had reviewed information received from five consulting planning firms and compared them with Northwest Associated Consultants (NAC). In 2 out of the 3 categories NAC came out with the lower rate. The staff recommendation was to appoint NAC as consulting planner based on quality of service, commitment to the community and factors related to conflict of interest. Staff also realizes the Council may want a fresh look and if that is the case staff would recommend setting up a committee to look at other planning firms. It is also recommended that staff would continue to review the consultant planner every two years and to send out RFP's for any large scale planning projects. Glen Posusta felt because the planning area is not a cut and dried area it is some times the opinion of the planner that sets the direction the City takes. NAC has been here over 15 years. He feels from where the City is standing it would be a good idea to have a different set of eyes looking at things. While he is not saying that NAC didn't do a good job he felt a fresh perspective was needed. Glen Posusta said it is not the price being paid to the consultant but rather it is the things that are being brought up year after year. It seems like the City is spinning its wheels. He felt NAC always did what the City wanted them to do rather than what they thought was right for the City to do. Brian Stumpf had a concern about pulling the pin out from someone who was here for a number of years. He suggested that the City interview a 7 Council Minutes: March 9, 2009 couple of firms to see what is out there before a decision is made on NAC. Angela Schumann suggested when the RFP's come in on the zoning ordinance it would give the City an opportunity to interview several firms. Susie Wojchouski said it seems like there is nothing new or innovative being presented and that is why she would like to talk to other planning firms. Clint Herbst likened the situation to city employees where the City should be providing some response back to the employee on what they should improve upon. Brian Stumpf pointed out that the planner follows the planning documents that are in place. He felt that NAC doesn't seem to have the flexibility to make adjustments. He suggested that perhaps the planner didn't feel they had the right to do anything but interpret the ordinance. Jeff O'Neill said when the evaluation of the planner was done none of the Council participated in the evaluation and he felt it was important that members of the Council be involved as well. Clint Herbst said now that development is slow it is a good time to look at this matter. He suggested the City continue with NAC until the RFP's for the zoning ordinance are in and reviewed. GLEN POSUSTA MOVED TO DO FURTHER STUDY OF THE CONSULTING PLANNER POSITION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: It was noted that with the training being done at Eastview School for the Xcel plant shut down, vehicles were parking on both sides of School Boulevard. Street Superintendent Tom Moores said Xcel is conducting training for the upcoming shut down and asked to be allowed to park along School Boulevard. Originally the training was scheduled to last two weeks. Tom Moores okayed covering the "No Parking" signs and notified the Wright County Sheriff's Department of the change. The City was asked to extend this for another two weeks. Tom Moores noted that originally the "No Parking" signs were put in place so vehicles would not have to worry about children running out between parked cars. The Council suggested that may be the church would allow Xcel to use their parking facility. Tom Moores said if the training goes beyond this week he would talk to the church about parking. Glen Posusta asked what happened to the proposed lights for School Boulevard. Jeff O'Neill responded that would be part of the goal setting workshop. 11. A~proye payment of bills for March. TOM PERRAULT MOVED TO APPROVE PAYMENT OF BILLS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 9:35 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 8 Council Agenda: March 23, 2009 SA. Consideration of approving new hires and departures for MCC and Parks. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC and Parks. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.l BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Curtis Reid P/T Custodian MCC 03/02/09 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Frank Robinson Voluntary Parks 03/06/09 Temp Levi Baker Voluntary Parks 03/03/09 Temp C. James Maanum Voluntary Parks 03/04/09 Temp Mary Jo Gustin Voluntary Parks 03/03/09 Temp Amie Connoy Voluntary Parks 02/28/09 Temp council. employee list.xls: 3/17/2009 Council Agenda: March 23, 2009 SB. Consideration of awarding three year contract for Riverfest fireworks show. (GA, TK) A. REFERENCE AND BACKGROUND: As part of the annual Riverfest celebration, the City of Monticello has been financing the annual fireworks display. The City has used its liquor fund to finance the fireworks displays in the past and the liquor fund's 2009 budget included $8,000 for the 2009 fireworks display. Bids for the 2009, 2010, and 2011 fireworks displays were requested from three companies, Melrose Pyrotechnics, Inc, Kuhn Fireworks, and RES Specialty Pyrotechnics. However no formal bid specifications were drafted or provided to the three firms. Based on the responses of two of the firms a recommendation for awarding the contract was included on the March 9th agenda, however the third firm contacted the City on March 9th stating there was no way to provide a quote with out some guidelines and if they could still provide a quote if guidelines were available. This caused tabling of the approval to awarding the contract. Staff prepared a written request for quotes (see attached) which outlined expectations which vendors could submit quotes and provided them to the three vendors. However due to firework vendors locking up their 2009 dates, staff felt it important to bring this item back to council as quickly as possible, yet provide vendors time to respond to the quote requests. Therefore, the actual computation of price quotes and staff recommendation on which firm to award the bid will be handed out Monday night. The City received three proposals all in the amount of $8,000 as budgeted and for displays lasting 20 to 25 minutes long. Of the three proposals Melrose Pyrotechnics and RES Specialty Pyrotechnics appears to provide the best show and value. Melrose Pyrotechnics has been the show provider in the past. Al. Budget Impact: Funding will come from the City's liquor fund where $8,000 was budgeted for the 2009 fireworks display. A2. Staff Workload Impact: There would be no staff workload impacts for this item. B. ALTERNATIVE ACTIONS Award athree-year contract for the fireworks display for Riverfest to Melrose Pyrotechnics based on past performance and current proposal. 2. Do not award athree-year contract for the fireworks display for Riverfest to Melrose Pyrotechnics. C. STAFF RECOMMENDATION: The City staff supports, Alternative 1. D. SUPPORTING DATA: Copy of quote request. Quote summary. Riverfest Fireworks Display Melrose Kuhn/Zambelli RES Specialty Pyrotechnics Fireworks Pyrotechnics Cost Length of Show $8,000.00 20-25 minutes $8,000.00 20 minutes $8,000.00 20-25 minutes 2-1/2" Shells 90 # 3" Shells 285 304 352 # 4" Shells 90 195 210 # 5" Shells 55 103 105 # 6" Shells 24 32 56 Total Shells 454 724 723 Other: Opening includes: 280 Whistles in Fan shape Main bondy Includes 5 designer segments Public Liability Insurance 5,000,000 Workers Comp Yes Show includes 3 Shell multiple shot Segments volleys of shells 10,000,000 5,000,000 Yes Council Agenda: March 23, 2009 SB. Consideration of awarding three vear contract for Riverfest fireworks show. (GA, TK) A. REFERENCE AND BACKGROUND: As part of the annual Riverfest celebration, the City of Monticello has been financing the annual fireworks display. The City has used its liquor fund to finance the fireworks displays in the past and the liquor fund's 2009 budget included $8,000 for the 2009 fireworks display. Bids for the 2009, 2010, and 2011 fireworks displays were requested from three companies, Melrose Pyrotechnics, Inc, Kuhn Fireworks, and RES Specialty Pyrotechnics. However no formal bid specifications were drafted or provided to the three firms. Based on the responses of two of the firms a recommendation for awarding the contract was included on the March 9th agenda, however the third firm contacted the City on March 9th stating there was no way to provide a quote with out some guidelines and if they could still provide a quote if guidelines were available. This caused tabling of the approval to awarding the contract. Staff prepared a written request for quotes (see attached) which outlined expectations which vendors could submit quotes and provided them to the three vendors. However due to firework vendors locking up their 2009 dates, staff felt it important to bring this item back to council as quickly as possible, yet provide vendors time to respond to the quote requests. Therefore, the actual computation of price quotes and staff recommendation on which firm to award the bid will be handed out Monday night. Al. Budget Impact: Funding will come from the City's liquor fund where $8,000 was budgeted for the 2009 fireworks display. A2. Staff Workload Impact: There would be no staff workload impacts for this item. B. ALTERNATIVE ACTIONS 1. Award athree-year contract for the fireworks display for Riverfest based on lowest responsible bidder. 2. Do not award athree-year contract for the fireworks display for Riverfest based on lowest responsible bidder. C. STAFF RECOMMENDATION: The City staff supports, Alternative 1. D. SUPPORTING DATA: Copy of quote request. Results of quotes will be provided Monday night. March 16, 2009, RES Specialty Pyrotechnics Attn Erv Haman 21595 286th Street Belle Plaine, MN 56011 Dear, Mr. Haman Re: Riverfest Fireworks Quotes The City of Monticello is accepting quotes for the City's Riverfest fireworks display for the years 2009, 2010, and 2011. July 12th 2009 is the date set for this year's fireworks display. The City has a budget of $8,000 and past shows have lasted 20 to 25 minutes. Successful quotes will be judged on the following: 1. Duration of show 2. An itemized list of shells including quantity, size (up to 6" shell) and type of shells. 3. Price quote. 4. Proof of insurance naming City of Monticello as additional insured. 5. Any expectations or items to be provided by the City of Monticello. 6. Company profile. 7. References. 8. Any other pertinent information. Quotes can be emailed to tom.kell~cr,ci.monticello.mn.us or mailed or dropped off at: City of Monticello Attn: Riverfest Fireworks 505 Walnut Street, Suite 1 Monticello, MN 55362 Quotes must be received no later than 1:00 pm, March 23, 2009 at the above address. City Council will consider approval the three year contract to the best responsible bidder on March 23, 2009. The City reserves the right without prejudice to reject any or all proposals. If you have questions or need additional information please contact Tom Kelly at 763.271.3211 or tom.kelly cr,ci.monticello.mn.us or Gary Anderson at 763.271.3212 or gary.anderson@ci.monticello.mn.us. Respectfull, Thomas Kelly Finance Director Council Agenda: March 23,2009 SC. Consideration of entering into an agreement with a Telecommunication ComAany for the purpose of obtaining reliable access to a fiber transmission line. A. REFERENCE AND BACKGROUND: In keeping with direction provided by the City Council workshop held on February 9, 2009 staff has been working with various potential providers of reliable access to a fiber transmission line. This vital connection will enable FiberNet Monticello customers to communicate with the outside world. At the time of preparation of this agenda item there were various options being explored and associated terms that were not completely defined so we will be sending an updated report under separate cover tomorrow or Monday. Other Fiber Updates The head-end building is very close to completion and is looking good! Don Patten will be calling you soon requesting the chance to take members of Council and the press on a tour of the building. It will likely be at least three weeks before we are provided application materials for Economic Stimulus Funds from the NTIA. In the meantime staff continues to work on preparation of materials that are likely to be needed with the application when it comes. As you know, the shape of the project is being adjusted to better fit the goals of the Economic Stimulus legislation in order to improve chances for funding. It is our goal to have grant concepts approved ahead of the date that application material is ready so we can complete the application and send in the request very quickly. It is our understanding that the applications may be reviewed in the order that they are received so we want to be ready when the forms come out. • Meetings and discussions with Health Care Providers, School District and Public Safety organizations are currently being held for the purpose of identifying the many opportunities for working together in providing enhanced services through true fiber to the home. These discussions and documentation will be incorporated into the grant application. • Our Engineering consultant (Scott Bowles, Spectrum) is preparing plan information for submittal to contractors for bidding on a project that fits the goals of the Economic Stimulus legislation. Based on Council's desire to present a highly competitive application, I have authorized Bowles to complete the additional work necessary to meet this objective. Although the timing might be tight, it is our hope to have contracts in place in conjunction with submittal of the grant application thus putting an exclamation point on the statement that the Monticello project is "shovel ready". Council Agenda: March 23,2009 Budget Impact Options for obtaining necessary service level and the speeds at a cost consistent with our financial plan are being assembled. It appears that whatever carrier is selected, the cost will be within the budget amount. Details to follow with an updated report to be provided on Friday or Saturday. B. ALTERNATIVE ACTIONS: 1. Motion to enter into a contract with (TBD) providing access to a fiber optic transmission line. 2. Motion to deny request to enter into a contract C. STAFF RECOMMENDATION: Staff recommends alternative 1. D. SUPPORTING DATA: Copy of Contract to be available at the meeting. Council Agenda: March 23, 2009 SD. Consideration to adopt a resolution ordering abatement of hazardous building. (GA/AS/JJ) A. REFERENCE AND BACKGROUND: The City Council is asked to consider adoption of a resolution ordering abatement of a hazardous building. The building is located at 9127 State Highway 25, Lot 740. On March 2nd, 2009, the City was contacted by Wright County regarding possible health and safety violations at the subject property. The City was asked by Wright County to attend an inspection on the premises. Wright County had been alerted to health and safety issues as a result of Human Service Department contact with residents at the property. The City, along with Wright County Sheriff, Public Health, and Human Service representatives, completed a joint inspection on March 3, 2009. The joint inspection resulted in a number of health, safety and fire hazard findings. The conditions present on the property are of significant nature to warrant a request for the City to declare that the property is unfit for human occupancy and order abatement of the hazardous building. Council has the authority to take such action under Minnesota State Statute 463.16. As the property exists within City limits, the City is the jurisdiction required to take such action, although findings and further action will be made with the cooperation and support of various Wright County Departments. Council should be aware that since the March 3, 2009 inspection, the property's occupants have voluntarily left the premises. The City was also advised by its counsel to post the property as hazardous and unfit for human occupancy. As such, the property was posted on March 13t", 2009. Continuation of this posting will be based on Council's action regarding the resolution. If the resolution is adopted by the City Council and as indicated in the letter to the property owner (Exhibit C), the next step in the process is the property owners. The property owner has twenty (20) days to respond to the Order or to abate the conditions. They may seek to repair the structure consistent with health and safety codes, or they may seek abatement through removal and disposal. Staff will provide subsequent updates to the Council if the property owners apply for a permit to repair or remove the structure, or contest the order. If no action is taken, the City Attorney will proceed to ask the Court for an order to repair or remove the hazardous structure based on the recommendation of city and county inspectors and officers. B. ALTERNATIVE ACTIONS 1. Motion to recommend adoption of a resolution ordering abatement of hazardous building, based on a finding that the building is unfit for human occupancy and contains conditions which constitute a health, safety and fire hazard to the residents of Monticello. Council Agenda: March 23, 2009 2. Motion to deny adoption of a resolution ordering abatement of hazardous building, based on a finding to be made by the City Council. C. STAFF RECOMMENDATION Staff recommends adoption of the resolution. The property represents a clear violation of the City's safety, building and fire codes and poses an immediate hazard to its occupants. Staff will continue to work with the City Attorney and Wright County officials to resolve this matter according to the legal processes outlined by Statute. D. SUPPORTING DATA Exhibit A -Order for Repair or Removal of Hazardous Building Exhibit B -Resolution Ordering Abatement of Hazardous Building Exhibit C -Letter to Property Owner Exhibit D -Notice of Lis Pendens Exhibit E -Minnesota Statutes 463.15 and 463.16 STATE OF MINNESOTA COUNTY OF WRIGHT In Re the Matter of Hazardous Building Located at 9127 State Highway 25, Lot 740, Monticello, Minnesota DISTRICT COURT TENTH JUDICIAL DISTRICT CASE TYPE: Other Civil Court File No. ORDER FOR REPAIR OR REMOVAL OF HAZARDOUS BUILDING TO: ASHLEY PROVO 9127 State Highway 25, Lot 740 Monticello, MN 55362 PLEASE BE ADVISED that by authority of Minnesota Statutes §463.15 et seg and pursuant to direction of the City Council for the City of Monticello, you have twenty (20) days from the date of service of this Order upon you to remedy the hazardous condition of your manufactured home building situated on property at 9127 State Highway 25, lot 740, City of Monticello, County of Wright, State of Minnesota, and legally described as: Lot 740 of Kjellberg's West Park On March 3, 2009 an inspection was completed at this residence by the Monticello Building Department along with Wright County Sheriff s Office, Public Health Department, Human Services Department, and Humane Society. Based on the findings of this inspection, specified below, the City Council by resolution deemed this home a "hazardous building" as defined in Minnesota Statutes §463.15. This structure is unfit for human occupancy and contains conditions which constitute a health, safety and fire hazard to the residents of Monticello. This structure must be vacated within 48 hours of this notice and remain unoccupied until repaired as specified below. Upon vacating the property, the building must be secured pursuant to §463.251. The hazardous and unsanitary conditions, as listed below, must be abated within 20 days to avoid further legal action against this property: 1. The roof system is failing and is not providing adequate weather protection for the structure and occupants. (gasket and metal type roof assembly)ref.• IPMC 304.7 a. Metal sheathing is rusting and leaking severely. 144486v01 JJJ:03/13/2009 b. The roof must be repaired or replaced. The assembly must be weather tight to protect the structure and its occupants. 2. Water is leaking through the roof and damaging the structure of the home as well as affecting the interior environment of the home. a. The roof trusses show evidence of mold and other water damage. b. The water is also damaging the interior surfaces. i. Replace all damaged flooring (to include subflooring, floor coverings, and any damaged flooring support) ii. Repair any damage to walls and ceiling (to include damaged framing and wall/ceiling surface materials) iii. Electrical system: All components of the electrical system that have been exposed to water must be replaced. 3. Exterior doors and frames are in very poor condition and must be repaired or replaced. ref IPMC 304.13 & 304.1 S a. Exterior doors must have locks that tightly secure the door and can be opened from the inside without the use of keys or tools. (main entry door currently has two keyed padlock type locks installed) b. Doors must fit weather tight in their frames. 4. Exterior landings are in disrepair, unsafe, and must be repaired or replaced. ref IPMC 306 a. Any landing more than 30" above the ground must have a secure guardrail installed and securely fastened. The home is kept in an unsanitary condition. The current state of the interior of this home is a health hazard to the occupants and anyone they come in contact with. All health issues must be abated in accordance with Minnesota Department of Health (MDH) and Wright County Public Health Department standards. a. The floors and other surfaces of the home are covered in animal feces. All affected areas must be cleaned and sanitized or removed and disposed of as needed. b. The water leakage has created an ideal environment for the abundance of mold growing throughout the interior and structure. All affected areas must be cleaned and sanitized or removed and disposed of as needed. c. Remove all other garbage and rubbish from the dwelling. All garbage and rubbish removed from the home must be kept in an approved container until lawfully disposed. ORDER The single family home as it presently exists constitutes a health, safety, and fire hazard to residents of the City of Monticello. The condition of the building must be corrected to meet all applicable building codes and City ordinances. If you fail to remedy the situation the City will seek permission from the District Court for the City to do so. Upon enforcement of the Order by the City, the cost will be charged against the property pursuant to Minnesota Statutes §463.21. A motion for summary enforcement of this Order will be made to the District Court of Wright County unless corrective action is undertaken within 20 days, or unless an answer is filed within 20 days of this notice. If you decide to repair the home, you must first apply to City Hall for a building permit. 144486v01 2 JJJ:03/13/2009 Submit a detailed plan of all repairs to be made and a list of materials to be used along with your application. Dated: , 2009. CAMPBELL KNUTSON Professional Association By: Joel J. Jamnik, # 146419 Monticello City Attorneys 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 ACKNOWLEDGMENT The City of Monticello, by and through its undersigned attorneys, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to Minnesota Statutes §549.21, Subd. 2. Dated: , 2009. Joel J. Jamnik, # 146419 144486v01 3 JJJ:03/ 13/2009 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION 2009 - Date Resolution No. Motion By Seconded By RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING WHEREAS, the Chief Building Official for the City of Monticello has inspected certain property at 9127 State Highway 25, Lot 740, City of Monticello, Minnesota, also known as Lot 740 of Kjellberg's West Park; and WHEREAS, the Chief Building Official has prepared an Inspection Report dated March 3, 2009; and WHEREAS, the City Council has reviewed the Inspection Report and has determined that the building on the property constitutes a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: 1. Pursuant to Minn. Stat. § 463.16, et seq., the City hereby adopts and approves the Order for Repair or Removal of Hazardous Building, attached hereto as Exhibit "A". 2. The City of Monticello finds that the condition of the property located at 9127 State Highway 25, Lot 740, City of Monticello, Minnesota, is a health and safety hazard and contains a hazardous building within the meaning of Minn. Stat. § 463.15, subd. 3. 3. The City's legal counsel, Campbell Knutson, P.A., 317 Eagandale Office Center, 1380 Corporate Center Curve, Eagan, Minnesota 55121, is directed to serve the Order for Repair or Removal of a Hazardous Building and to proceed with enforcement in accordance with Minn. Stat. § 463.15, et seq. ADOPTED this day of , 2009, by the City Council of the City of Monticello, Minnesota. CITY OF MONTICELLO By: Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator 144506v01 JJJ:03/13/2009 summary enforcement of the Order for Repair or Removal of Hazardous Building pursuant to Minn. Stat. § 463.15 et. seq. Dated: , 2009. CAMPBELL KNUTSON Professional Association By: Joel J. Jamnik, #146419 Monticello City Attorney 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 Subscribed and sworn to before me this day of , 2009. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 [JJJ: srn] 144513v01 2 JJJ:03/13/2009 (Reserved for Recording Data) STATE OF MINNESOTA COUNTY OF WRIGHT In Re the Matter of Hazardous Building at 9127 State Highway 25, Lot 740, Monticello, Wright County, Minnesota NOTICE OF LIS PENDENS NOTICE IS HEREBY GIVEN, that an action has been commenced in this Court by the Monticello City Council against Ashley Provo, 9127 State Highway 25, Lot 740, Monticello, MN 55362; that the real property affected, involved, and brought in question by said action is the tract of land in the County of Wright, State of Minnesota, legally described as follows: Lot 740, Kjellberg's West Park NOTICE IS FURTHER GIVEN, that the object of said action is: The existing property and building are in a hazardous condition due to inadequate maintenance, dilapidation, physical damage and disrepair. The condition of the property and existing building must be corrected so that it meets applicable building codes and City ordinances. If the condition of the existing building and property is not corrected, the City of Monticello will seek DISTRICT COURT TENTH NDICIAL DISTRICT Court File No. 144513v01 1 JJJ:03/13/2009 March 16, 2009 Ms. Ashley Provo 9127 State Highway 25, Lot 740 Monticello, Minnesota 55362 This letter is in reference to the manufactured home currently located at 9127 State Highway 25, lot 740, Monticello, MN (Also known as lot 740 of Kjellberg's West Park). On March 3, 2009 an inspection was completed at this residence by the Monticello Building Department along with Wright County Sheriff's Office, Public Health Department, Human Services Department, and Humane Society. Based on the findings of this inspection the City hereby deems this home a "hazardous building" as defined in Minnesota Statutes §463.15. This structure is unfit for human occupancy and contains conditions which constitute a health, safety and fire hazard to the residents of Monticello. This structure must be vacated and may not be reoccupied unless or until repaired. Upon vacating the property the building must be secured so not to become an "attractive nuisance" to the neighborhood. The hazardous and unsanitary conditions, as listed below, must be abated within 20 days to avoid further legal action against this property. March 3, 2009 inspection findings: The roof system is failing and is not providing adequate weather protection for the structure and occupants. (gasket and metal type roof assembly)ref IPMC 304.7 a. Metal sheathing is rusting and leaking severely. b. The roof must be repaired or replaced. The assembly must be weather tight to protect the structure and its occupants. 2. Water is leaking through the roof and damaging the structure of the home as well as affecting the interior environment of the home. a. The roof trusses show evidence of mold and other water damage. b. The water is also damaging the interior surfaces. i. Replace all damaged flooring (to include subflooring, floor coverings, and any damaged flooring support) ii. Repair any damage to walls and ceiling (to include damaged framing and walUceiling surface materials) iii. Electrical system: All components of the electrical system that have been exposed to water must be replaced. 3. Exterior doors and frames are in very poor condition. ref IPMC 304.13 & 304.15 a. Exterior doors must have locks that tightly secure the door and can be opened from the inside without the use of keys or tools. (main entry door currently has two keyed padlock type locks installed) b. Doors must fit weather tight in their frames. 4. Exterior landings are in disrepair and are unsafe. ref IPMC 306 a. Any landing more than 30" above the ground must have a secure guardrail installed and securely fastened 5. The home is kept in an unsanitary condition. The current state of the interior of this home is a health hazard to the occupants and anyone they come in contact with. All health issues must be abated in accordance with Minnesota Department of Health (MDH) and Wright County Public Health Department standards. a. The floors and other surfaces of the home are covered in animal feces. All affected areas must be cleaned and sanitized or removed and disposed of as needed. b. The water leakage has created an ideal environment for the abundance of mold growing throughout the interior and structure. All affected areas must be cleaned and sanitized or removed and disposed of as needed. c. Remove all other garbage and rubbish from the dwelling. All garbage and rubbish must be kept in an approved container. Please be advised that a motion for summary enforcement of this order will be made to the district court of Wright County unless corrective action is taken, or unless an answer is filed within 20 days of this notice. If you decide to repair the home you must first apply to city hall for a building permit. Submit a detailed plan of all repairs to be made and a list of materials to be used along with your application. Your prompt attention to this matter will be appreciated and necessary to avoid further legal action. If you have any questions please call the Building Department at 763-295-3060. Thank you, Gary Anderson Chief Building Official City of Monticello Cc: Joel Jamnik, City Attorney Angela Schumann, Community Development Director Detective Julie Eaton, Wright County Sheriff s Office Joel Torkelson, Wright County Department of Public Health Kjellberg's Manufactured Homes/KK Construction, Building Department File Copy djh 463.15, 2008 Minnesota Statutes Page 1 of 1 2008 Minnesota Statutes 463.15 DEFINITIONS. Subdivision 1. Coverage. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. "Building" includes any structure or part of a structure. Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Subd. 3a. Municipality. "Municipality" means a county, city, or town. Subd. 4. Owner, owner of record, and lienholder of record. "Owner," "owner of record," and "lienholder of record" means a person having a right or interest in property described in subdivision 3 and evidence of which is recorded in the office of the county recorder or registrar of titles in the county in which the properly is situated. History: 1965 c 393 s l; 1967 c 324 s 1; 1976 c 181 s 2; 1989 c 328 art 6 s 5, 6; 2004 c 147 s 1; 2005 c o s 113 https://www.revisor.leg.state.mn.us/statutes/?id=463.15 3/18/2009 463.16, 2008 Minnesota Statutes Page 1 of 1 2008 Minnesota Statutes 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. History: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s 7; 2004 c 147 s 4 https://www.revisor.leg.state.mn.us/statutes/?id=463.16 3/19/2009 Council Agenda: March 23, 2009 SE. Consideration to authorize funding for required archeological study at the Bertram Chain of Lakes. (AS) A. REFERENCE AND BACKGROUND: The City is asked to consider authorizing funding a portion of the cost for the required archeological study for the Bertram Chain of Lakes. As Council is aware, in 2008 the City and County received $1 million from the Legislative & Citizens Commission on Minnesota's Resources (LCCMR) toward the first acquisition of property at the Bertram Chain of Lakes. An archeological study is required to be completed on any property included in a purchase utilizing the LCCMR funds. To fulfill this requirement, Wright County requested proposals from qualified firms for the completion of the archeological survey. The RFP required information on two pricing options -the first option including a survey of only the 319 acre first phase acquisition, along with the 80 acres of leased property, and the second pricing option for a full scope survey on the entire 1,200 acre property. Included in the supporting data is a comparison chart illustrating the submitted proposals. Trefoil, Inc, submitted the lowest proposal for both pricing options and is over $15,000 below the closest estimate for the limited-scope study and over $37,000 less for the full scope survey. Trefoil, Inc. has completed other work of this type for Wright County Parks and is highly qualified to complete the study. The Trefoil proposal also allows for the City and County to complete the full survey scope (1,200 acres) at this time, in anticipation of further acquisitions which utilize State funding. Wright County and the Bertram task force are in agreement on contracting with Trefoil, Inc. for the complete scope survey. As a partner in the project acquisition, the City is asked to fund one-half of the proposed cost of the study, or $3,900 of the estimated $7,800 expense for the full scope archeological study. This amount represents lowest bid for entire 1,200 acre area, submitted by Trefoil, Inc. BUDGET IMPACT The City's portion of study cost, $3,900, is proposed to be funded through the Planning & Zoning Miscellaneous Professional Services budget. STAFF IMPACT There is no staff impact involved with completion of this project. Wright County Parks Department staff will be directing the work of Trefoil, Inc. on the archeological study. B. ALTERNATIVE ACTIONS 1. Motion to authorize funding ofone-half of the cost of the required archeological study at Bertram Chain of Lakes, not to exceed $3,900. Council Agenda: March 23, 2009 2. Motion to deny authorization of finding for the required archeological study at Bertram Chain of Lakes. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends alternative 1 above. The archeological study is a requirement for the use of LCCMR funding and as a partner in the purchase, City participation in funding is a fitting measure of support. It should also be noted that any additional State funding for future acquisitions at Bertram will also require completion of an archeological study. Therefore, staff believes that completion of the full scope survey is appropriate, especially given the competitive pricing. D. SUPPORTING DATA Exhibit A: Study Proposal Comparison Chart m m w 3 n m 5' 0 -„ r-- a~ m D n m ro 0 o` cn ~' m '~ 0 a O N cn Council Agenda: 3/23/09 7. Public Hearing for Municipal Consent of Mn/DOT's staff approved layout for the I-94 twin bridge replacement project. (BW) A. REFERENCE AND BACKGROUND: On January 20, 2009 the City was notified that municipal consent of Mn/DOT's staff approved layout for the Interstate 94 (I-94) twin bridge replacement project at East Broadway would be required since Mn/DOT acquired permanent right-of--way from the City for this project. The Council approved the right-of--way acquisition on January 12, 2009 but at the time it was not known the sale would trigger a municipal consent hearing. Mn/DOT's staff approved layout is attached as supporting data. The project consists of complete replacement of the twin I-94 bridges over East Broadway and the BNSF railroad tracks, resurfacing and/or reconstructing approximately one-mile of I-94, and reconstructing about four-tenths of a mile of East Broadway. It should be noted that the City will not be responsible for any of the project costs. Following are some items associated with this project that may be of particular interest to Council: • Westbound I-94 will be relocated west/northwest of its current alignment placing the new WB bridge approximately forty-feet west of its current location. • The new bridges will have dedicated acceleration/deceleration lanes which will remain in place when the third thru-lanes are added along the center median. • Three-cable guardrail will be installed above Freeway Fields Park along the shoulder of the EB I-94 on-ramp. • The City will be responsible for designing and planting the new landscape buffer between WB I-94 and the River Mill development per the agreement we entered into with Mn/DOT when they purchased the temporary easement from us. • Detours will be required during the project due to the need to reconstruct the CSAH 18 on/off ramp connections to I-94. During the detours the old CSAH 75 on/off ramps will be reopened to traffic however, at the end of the project the old ramps will be completely removed (grading and pavement) and closed. • A two-inch mill and overlay treatment will be performed to East Broadway between the east end of the fully reconstructed section and Meadow Oak Drive in anticipation that East Broadway will be turned back to the City following project completion. Per Council direction, staff worked with Mn/DOT to determine if any of the grading for the proposed frontage road could be completed in exchange for the material generated during the grading operations. However, Mn/DOT recently revised their construction limits which prevented them from needing to grade outside their right-of--way. This removed the need to reconstruct part of the River Mill pathway and resulted in their not needing to acquire any fill material from the City. However, Mn/DOT did say that they would incorporate provisions in the project specifications directing the contractor to contact the City if they needed additional fill material and wanted to trade for it. Council Agenda: 3/23/09 City staff, along with representatives from affected private utilities, attended a utility design meeting with Mn/DOT staff earlier today to review proposed impacts to private and public utilities. While the City does have sanitary sewer, watermain and storm sewer within the project limits, our review of the plans indicate our utilities will not be negatively impacted. However, should any issues be brought to light this morning, staff will present those issues to Council this evening before Council entertains a motion. Municipal consent requirements are defined in State Statute 161.164, Subdivision 2, which is attached as supporting data. This Statute states the City must hold a public hearing, and that the City must approve or disapprove Mn/DOT's staff approved layout in writing within 90 days of the public hearing. The current project schedule shows Mn/DOT breaking ground on July 13, 2009 and finishing construction in October of 2010. In order for Mn/DOT to meet this schedule the Council would have to approve the layout by adopting the attached resolution this evening, or very soon thereafter. However, per State Statute 161.164 Council could disapprove of the layout and request that certain changes be made. Mn/DOT then has the option of agreeing to the requested changes and resubmitting a revised layout to the City for approval, or they can refer the final layout to an appeal board for a decision. Or, Mn/DOT could decide not to proceed with the project at this time. A.1 Budget Impact: No budget impacts are anticipated. A.2 Staff Impact: No impacts to staff are anticipated. B. ALTERNATIVE ACTIONS: 1. Motion to approve Mn/DOT's final layout for the I-94 twin bridge replacement project and adopt City Resolution No. 2009-13. 2. Motion to disapprove Mn/DOT's final layout for the I-94 twin bridge replacement project and deny adoption of City Resolution No. 2009-13 pending the following changes being made to the layout; 3. Motion to disapprove Mn/DOT's final layout for the I-94 twin bridge replacement project and deny adoption of City Resolution No. 2009-13. C. STAFF RECOMMENDATION: Based on City staff's review of Mn/DOT's staff approved layout and construction plans, and barring any new information indicating negative impacts to the City's infrastructure between the times this report was prepared and the Council meeting, staff recommends Council approval per Alternative Action No. 1. Council Agenda: 3/23/09 D. SUPPORTING DATA: State Statute 161.164 Mn/DOT staff approved layout #2 dated January 6, 2009 City Resolution No. 2009-13 'I 161.164, 2008 Minnesota Statutes Page 1 of 1 2008 Minnesota Statutes 161.164 FINAL LAYOUT APPROVAL PROCESS. Subdivision 1. Submission of final layout. Before proceeding with the construction, reconstruction, or improvement of any route on the trunk highway system lying within any municipality, the commissioner shall submit to its governing body a final layout and project report covering the purpose, route location, and proposed design of the highway. The final layout must be submitted as part of a report containing any supporting data that the commissioner deems helpful to the governing body in reviewing the final layout submitted. The supporting data must include a good faith cost estimate of all the costs in which the governing body is expected to participate. The final layout must be submitted before final decisions are reached so that meaningful early input can be obtained from the municipality. Subd. 2. Governing body action. (a) Within 1`5 days of receiving a final layout from the commissioner, the governing body shall schedule a public hearing on the final layout. The governing body shall, within 60 days of receiving a final layout from the commissioner, conduct a public hearing at which the Department of Transportation shall present the fmal layout for the project. The governing body shall give at least 30 days' notice of the public hearing. (b) Within 90 days from the date of the public hearing, the governing body shall approve or disapprove the final layout in writing, as follows: (1) If the governing body approves the final layout or does not disapprove the final layout in writing within 90 days, in which case the final layout is deemed to be approved, the commissioner may continue the project development. (2) If the final construction plans contain changes in access, traffic capacity, or acquisition of permanent right-of--way from the final layout approved by the governing body, the commissioner shall resubmit the portion of the final construction plans where changes were made to the governing body. The governing body must approve or disapprove the changes, in writing, within 60 days from the date the commissioner submits them. (3) If the governing body disapproves the final layout, the commissioner may make modifications requested by the municipality, decide not to proceed with the project, or refer the final layout to an appeal board. The appeal board shall consist of one member appointed by the commissioner, one member appointed by the governing body, and a third member agreed upon by both the commissioner and the governing body. If the commissioner and the governing body cannot agree upon the third member, the chief justice of the Supreme Court shall appoint a third member within 14 days of the request of the commissioner to appoint the third member. Subd. 3. Appeal board. Within 30 days after referral of the fmal layout, the appeal board shall hold a hearing at which the commissioner and the governing body may present the case for or against approval of the final layout referred. Not later than 60 days after the hearing, the appeal board shall recommend approval, recommend approval with modifications, or recommend disapproval of the final layout, making additional recommendations consistent with state and federal requirements as it deems appropriate. It shall submit a written report containing its findings and recommendations to the commissioner and the governing body. History: 2001 c 191 s 5 https://www.revisor.leg.state.mn.us/statutes/?id=161.164 3/18/2009 CITY OF MONTICELLO RESOLUTION N0.2009-13 RESOLUTION FOR LAYOUT APPROVAL WHEREAS, THIS RESOLUTION, was made this 23`~ day of March, 2009 by the City of Monticello in Wright County, Minnesota. The Municipal Corporation shall hereinafter be called the "City," WHEREAS, the Commissioner of Transportation has prepared a final layout for the replacement of the Interstate 94 (I-94) bridges over the BNSF railroad tracks and East Broadway within the City of Monticello and seeks the approval thereof, and WHEREAS, said final layout is on file in the Minnesota Department of Transportation office, St. Cloud, Minnesota, being marked, labeled and identified as Layout No. 2, S.P. 8680-142, and WHEREAS, improvements to City streets and appurtenances have been included in the said final layout NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" hereby approves said final layout for the improvements of said Trunk Highway and City streets and appurtenances within the corporate limits. Adopted by the City Council of Monticello this 23`~ day of March, 2009. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator /�Y� 4 i.•y 63 S -. L� •gip S e f i i T ■ iH ..tA:x• K e � s � I t / e l �r fe1511e41T1[.L _ W1fWE CSWS YCfIM SI. IOW WI •' VPWWE gST914L - WIEB 51. IWO•SO W f I.. sY YS —••�a o-: F, CSAH t % h� - - o 8. Public Hearing: Establishment of Business Subsidy Criteria (1VIB): A. REFERENCE AND BACKGROUND: City Staff and Kennedy and Graven held a workshop with the Economic Development Authority (EDA) and City Council on February 11, 2009 to review the proposed Business Subsidy Criteria. The establishment of business subsidy criteria requires a public hearing and approval by the EDA and the City Council. Cities are authorized to provide loans or grants to businesses as long as it meets the criteria and public purpose established within the MN Business Subsidy Statute. Typically business subsidy rules and regulations come into play when granting funds between the amounts of $75,000 - $250,000+. The statute also requires a public purpose to be meet, such as creating jobs and/or increasing tax value. The City has granted business subsidy in the past through TIF and Greater Monticello Enterprise Fund (GMEF) loans. Since the City has granted business subsidy loans in the past through a few different venues (TIF/GMEF). Kennedy and Graven (legal counsel), has stated the City should establish a general Business Subsidy Criteria document to address generally the objectives and public purpose in which the City will grant subsidy. The proposed criteria follows the objectives established in the adopted Comprehensive Plan and regulations established in the MN Business Subsidy State Statute. It should be noted, a majority of the language included in the business subsidy criteria document was included within the TIF and GMEF criteria. Such applicable language was extracted from those documents and included in the attached overall concise City Business Subsidy Criteria document. The EDA met on Wednesday, March 11, 2009, held the required public hearing and reviewed the proposed Business Subsidy Criteria. There was no public comment at the public hearing. A.1 Budget Impact: Approving the Business Subsidy Criteria will have no direct affect on the budget. Budget impacts may occur in the future depending on the requests the city receives from developers and businesses. However, typically these requests will be processed through the Greater Monticello Enterprise Fund and Tax Increment Financing financial tools. B. ALTERNATIVE ACTION: 1. Motion to approve Resolution No. adopting a Business Subsidy Criteria. 1 2. Motion to deny Resolution No. regarding the establishment of a Business Subsidy Criteria. 3. Motion to table action and recommend staff make changes to the criteria. C. RECOMMENDATION: The EDA unanimously recommended the City Council approved the proposed Business Subsidy Criteria. Staff and Kennedy and Graven also support the EDA's recommendation. D. SUPPORTING DATA: 1. Resolution No. Approving Amended Business Subsidy Criteria 2. City of Monticello, City of Monticello Economic Development Authority Business Subsidy Criteria 2 CITY OF MONTICELLO RESOLUTION NO. RESOLUTION APPROVING AMENDED BUSINESS SUBSIDY CRITERIA BE IT RESOLVED By the City Council ("Council") of the City of Monticello ("City") as follows: Section 1. Recitals. 1.01. Before awarding any "business subsidy" as defined in Minnesota Statutes, Section 116J.993 to 116J.994 (the "Business Subsidy Act"), the City is required to adopt criteria regarding such subsidies after holding a public hearing. 1.02. The City previously approved business subsidy criteria (the "Business Subsidy Criteria") and has now determined to amend and restate the Business Subsidy Criteria in accordance with requirements of the Business Subsidy Act, as amended. 1.03. The Council has reviewed the amended and restated Business Subsidy Criteria (the "Amended Criteria") on file in City Hall, and has on this date held a duly noticed public hearing at which all interested persons were given an opportunity to be heard. 1.04. The City of Monticello Economic Development Authority held a duly noticed public hearing on March 11, 2009, and recommended the City approve the Amended Criteria. Section 2. Amended Criteria Approved. 2.01. The City approves the Amended Criteria on file in City Hall, which Amended Criteria supersede any prior business subsidy policy or criteria adopted by the City; 2.02. City staff is authorized to transmit a copy of the Amended Criteria to the Minnesota Department of Employment and Economic Development in accordance with the Business Subsidy Act. Approved by the City Council of the City of Monticello on this 23~ day of March, 2009. Mayor ATTEST: Economic Development Director 347382v1 MNI MN190-1 CITY OF MONTICELLO CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY BUSINESS SUBSIDY CRITERIA I. Purpose This document includes the criteria to be considered by the City of Monticello ("City") and the City of Monticello Economic Development Authority ("EDA") to evaluate the granting of business subsidies. The intent of the City and EDA in adopting these criteria is to comply with Minnesota Statutes, Sec. 116J.993-116J.994 (the "Act"). The City and EDA hereby adopt the definitions contained in the Act for application in the criteria. II. Types of Business Subsidies The EDA shall have the authority to administer the following programs for the granting of business subsidies: 1. Tax Increment Financing (TIF) 2. Greater Monticello Enterprise Fund (GMEF) 3. Small Cities Economic Development Set Aside Fund (ED) The EDA has separately developed guidelines for each of these types of subsidies (the "Guidelines"). To the extent that the Guidelines contain more specific policies for each type of subsidy, those Guidelines control. Notwithstanding anything to the contrary herein, the City (and EDA, subject to City approval) reserve the right to grant any type of business subsidy authorized by law, without limitation. III. Goals and Objectives/Public Purpose It is the City's and EDA's intent to support and comply with the goals and objectives stated in the City of Monticello's Comprehensive Plan in granting business subsidies, and with the public purpose requirements of the Act. The following goals and objectives are general guidelines to assist in determining the granting of a Business Subsidy. The City and EDA recognize that every proposal is unique and nothing in these criteria or in the Business Subsidy policy shall be deemed to be an entitlement. a. Attracting New Businesses & Expanding Tax Base 1. Increase in tax base. (Cannot be the only criteria.) 2. Promote and enhance industrial and commercial diversity b. Attracting New Jobs & Job Retention 1. Jobs and Wages. It is the City's and EDA's goal that the subsidy recipient will create the maximum number of livable wage jobs possible. (The business subsidy agreement must include numbers and wages to be achieved within two years of the benefit date.) 2. Jobs and wages in this context may include jobs to be retained but only if job loss is "imminent and demonstrable". c. Business Retention: Promote and maintain industrial and commercial diversity. d. Enhancing Downtown: Promote revitalization and redevelopment e. Facilitating Redevelopment: Promote redevelopment objectives and removal of blight, including pollution cleanup. f. Housing: Diversify the housing stock available within the community. 2 IV. Subsidy Agreement. In the implementation of any subsidy granted by City or EDA, the parties will be required to enter into a formal agreement which identifies the amount and nature of the subsidy and articulates the goals and objectives which are intended to be implemented. In addition, the agreement must establish the number of full-time or part-time jobs and the wages for those jobs which are to be established (or retained) within two years of the benefit date. The agreement must also contain a penalty for failure to meet those goals. Finally, the agreement will require that the recipient continue operations at the site for at least five years. V. Compliance and Reporting Requirements. It will be necessary for both the recipient and the City or EDA to comply with the reporting and monitoring requirements of the statute. VI. History. Public Hearing held by the EDA on March 11, 2009 approved on March 11, 2009. Public Hearing held by the City Council on March 23, 2009, approved on , 2009. 3 Council Agenda: March 23, 2009 9. Consideration of adopting an ordinance amending Title 7, Chapter 1, Public Nuisances DH/AS A. REFERENCE AND BACKGROUND In September 2008 the Wright County Attorney's office circulated a memorandum for "Operation Clean-up Wright County". This memo stated that "the County Attorney's Office is willing to prosecute criminally those who have violated city and county zoning ordinances involving motor vehicles, junk, and refuse type of nuisance cases. However, in order to do so, the County attorney's Office is asking the respective governmental entities to help lay the foundation for a successful prosecution." Our current Public Nuisance ordinance has been reviewed by City staff and changes have been proposed to meet the requests of the County Attorney. City Council is asked to consider adopting an ordinance to amend Title 7, Chapter 1 "Public Nuisances". This amendment rearranges and changes some of the wording of our current nuisance ordinance to more closely meet the needs of the county attorney for enforcement. This will help staff streamline the initial inspection process when conducting nuisance inspections and eliminate an excessive number of follow-up inspections of a single property in enforcing public nuisance complaints. To help clarify the differences represented by the ordinance amendment, to follow is a contrast between current and proposed ordinance enforcement measures. Example of current enforcement process (abbreviated); 1) A person who has an inoperative vehicle parked on their property receives a notice in writing from the inspector, hand delivered at their residence and a copy of the violation is mailed to the owners address as listed on the Wright County property records. 2) After 7 days, if no response has been received from the homeowner, then staff will mail a "final notice" to comply with the ordinance. 3) After an additional 7 days, if a response has still not been received from the homeowner, then the inspector will conduct afollow-up inspection. 4) If the nuisance has been abated then no further action is needed. If the violation still exists then an "Administrative Citation" for $75 is issued and hand delivered to the occupant. If no one is home or if the owner of record does not occupy the property in violation then a copy of the citation is mailed to the address on the tax records. This was intended to reduce the need for the City Attorneys involvement in enforcing the code. (The option to bring criminal charges against the offender still exists at the leisure of Staff or through Council direction.) 5) A follow-up inspection is completed 10 days after a citation is issued. Multiple violations of the same ordinance in a 12 month period do not require additional notices to be sent. For each re-inspection that fails, a new citation is issued and the fine amount increases by $50 for each progressive failed re-inspection. 6) After multiple citations have been issued (4 to 5 failed re-inspections, equal to $600 to $875 in fines) the issue is then sent to the attorney for prosecution. Getting to this point takes a minimum of two months with a total of five to six inspections and two to eight mailings per property. Council Agenda: March 23, 2009 As Council may recall, the Public Nuisance was amended in 2008 to include the levying of Administrative Fines as an enforcement measure and incentive for compliance. However, this enforcement method has proven to be time consuming as noted above, with numerous trips to the noncompliant property for follow-up inspections and the added mailings and paperwork that need to be filed and tracked in order to manage the administrative fine process. Additionally, the administrative fine process has proven to be only marginally effective as it is difficult to collect fines due and also requires a prosecution process secondary to that relating to the nuisance itself. The proposed ordinance is geared toward timely abatement of the original nuisance, which is the ultimate goal of the ordinance. Example of the proposed enforcement process: 1) The City receives a complaint of a person who has an inoperative vehicle parked on their property. An inspection is completed, pictures taken, and observations noted. The violation notice from the inspector is mailed to the owners address as listed on the Wright County property records. The inspector signs an affidavit of mailing. 2) After 20 days (7 days for grass/weeds violations) the inspector will conduct afollow- up inspection. If the nuisance has been abated then no further action is needed. If the violation still exists then the inspector takes pictures and notes any observations. 3) Within five days of a noncompliant re-inspection a request for criminal prosecution is forwarded to the Wright County Sheriff's Department, including all documentation (copies of letters, pictures, observations, copy of the ordinance, etc). 4) A Sheriff's deputy, after verifying and photographing the violation, will issue a misdemeanor citation for violating the ordinance. The Wright County Attorney's office will prosecute the case. 5) After the defendant appears in court the County Attorney will mail the case disposition to the City Building Department. a. If the defendant pled guilty, the city inspector will verify that the property is brought into compliance by the date on the court order (usually within 30 days). b. If the defendant pled not guilty, then the case proceeds to pre-trial and possibly court or jury trial. i. If they are found guilty the city inspector will verify that the property is brought into compliance by the date on the court order. 6) If the defendant doesn't comply with the court order, the city again notifies the Sheriff's Office. Then an officer will document the noncompliance and forward to the Attorney's Office for further prosecution. If Council approves the proposed ordinance amendment, staff will follow-up with the required amendment (or possible elimination) of the Administrative Fines portion of the ordinance as related to public nuisance. BUDGET IMPACT There is no discernable budget impact for this amendment. The number of administrative Council Agenda: March 23, 2009 fines collected in conjunction with the nuisance ordinance was limited and therefore will not result in a loss of a major revenue source. STAFF IMPACT The proposed ordinance amendment has a positive staffing impact, decreasing the amount of staff inspection and administrative time involved in nuisance enforcement. B. ALTERNATIVE ACTIONS 1) Motion to recommend approval of adoption of ordinance amendments to Title 7, Chapter 1 "Public Nuisance". 2) Motion to deny adoption of ordinance amendments to Title 7, Chapter 1 "Public Nuisance" 3) Motion to table the issue for further research or discussion. C. STAFF RECOMMENDATION City staff recommends alternative 1. This recommendation is based on the finding that adoption of the new language will bring consistency between City requirements and the requirements of Wright County. It will also support the actual abatement of nuisances in a timely manner, which is the overall goal of the ordinance. D. SUPPORTING DATA Exhibit A: Copy of current City Ordinance Title 7, Chapter 1 Exhibit B: Copy of amended City Ordinance Title 7, Chapter 1 Exhibit C: Copy of Wright County Attorney's Memorandum for "Operation Clean-Up Wright County Exhibit D: Copy of "Processing Nuisance Violations" (Internal Staff Process) CHAPTER 1 PUBLIC NUISANCES SECTION: 7-1-1: Activities, Business Prohibited 7-1-2: Exceptions 7-1-3: Public Nuisance 7-1-4: Enforcement 7-1-1: ACTIVITIES, BUSINESS PROHIBITED: Subsequent to the enactment hereof, the following acts, conditions, activities, business or businesses are hereby prohibited except as hereinafter permitted: (A) No unwholesome substance, garbage, refuse, offal, or similar substance shall be brought, deposited, left, dumped, or allowed to accumulate within the city. For purposes of this section of the City ordinances entitled "Public Nuisances," refuse shall include but not be limited to the following or similar items stored or parked outside: 1. Junk Vehicle: A vehicle without a valid current license, or without a valid current registration (if applicable), or which is apparently inoperable located outside an enclosed building in a residential area including, but not limited to, automobiles, trucks, motorcycles, snowmobiles, trailers, all-terrain vehicles and watercraft. (#458,3/12/07) 2. Prohibited Material Storage, Any violation of this section is subject to abatement upon seven days written notice to the owner of private premises on which such material is found or any conditions in violation of this code section exist. The owner of the property will be determined as shown by the records of the office of the County Recorder. The City may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. Additionally, the City may also seek injunctive relief for violation of this section. Owners of private property shall remove and keep removed from all exterior areas of all residential properties the following items: (a) Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. TITLE VIUChapt 1/Page 1 Materials permitted and approved for exterior storage shall be neatly stacked. (b) Trash and debris. (i) All household garbage, offal, dead animals, animal and human waste, and waste materials. (ii) Accumulations of litter, glass, scrap materials {such as wood, metal, paper, and plastics}, junk, combustible materials, stagnant water, plastic bags or trash. (iii) Accumulations of clothing and any other items nat , designed for outdoor storage. (c) Non-trash items. (i) Accumulations of wood pallets. (ii) Accumulations of vehicle parts or tires. (iii) All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous uninterrupted basis. (iv) All appliance or appliance parts. (v) All indoor or upholstered furniture of a type of material which is deteriorated by exposure to outdoor elements. (vi) All other non-trash items which: (1) Are of a type or quantity inconsistent with the normal and usual use; or {2) Are of a type or quantity inconsistent with then intended use of the property; or (3) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. (d) Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any gazbage. Sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous fee fertilizer in the normal course for agriculture or horticulture is permitted. (#458, 3112/07} (B) A public nuisance is a crime against the order and economy of the state and consists of unlawfully doing an act or omitting to perform a duty which an act or omission shall: MONTICELLO CITY ORDINANCE TITLE VIUChapt 1/Page 2 1. Annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons. 2. Offend public decency. 3. Unlawfully interfere with, obstruct or tend to obstruct, or render dangerous for passage a lake, navigable river, bay, stream canal or basin, or a public park, square, street, alley, or highway; or 4. In any way render a considerable number of persons insecure in life or the use of property and as such, nuisances are hereby prohibited. (C) In any area the existence of any noxious or poisonous vegetation such as poison ragweed or other poisonous plants, or any weed, grass, brush, or plants which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (D) In any area within 100 feet of the nearest building, the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. (E) In any area on an occupied lot the existence of weeds or grass in excess of six {6} inches in height or any accumulation of dead weeds, grass, or brush. (F) No person shall hereafter engage within the city in any trade or employment which is hurtful to the inhabitants or dangerous to the public health, or injurious to neighboring property, or from which obnoxious odors arise, or undue noise emanates, and specifically no person shall operate a dump or garbage dumping area or rendering plant or trailer court except such specific activity be authorized by the issuance of a permit as hereinafter provided. (G} It is unlawful for any person to cause or permit garbage, tin cans, or refuse to be thrown or scattered upon any street, alley, highway, parkway, boulevard, or real estate. (H) All detached structures not requiring a building permit that do not conform to the following requirements shall be deemed a public nuisance. 1. Ali such detached structures shall be constructed of uniform building grade material. 2. All sides, roof, and floor shall be securely fastened to the interior frame of said detached structure. 3. All surfaces of such detached structures shall be stained, sealed, or painted. MONTICELLO CITY ORDINANCE TITLE ViUChapt 1/Page 3 4. Exterior metal surfaces shall be treated with materials designed to resist corrosion. S. Structures that do not have slab floors shall have a rodent barrier that extends 8 inches under the surface of the ground along the perimeter of the outside wall of the structure. 6. All such detached structures shall be permanently anchored to the ground. 7. Storage sheds erected after the adoption of the zoning ordinance shall meet district setback requirements. 8. Detached structures shall be erected in the side or rear yard of any residence. (#178, 07/10/89) (#185, 04/09190} 7-1-2: EXCEPTIONS: The provisions of this chapter do not apply to the hauling or accumulation or spreading of manure for the purposes of agriculture, nor to the natural and usual accumulation of rubbish from one residence on the owner's own premises, provided the public health is not adversely affected thereby. (#109, 11/23181} 7-1-3: PUBLIC NUISANCE: (A) Misdemeanors. Whoever. commits any of the following acts is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law: {#358, 1/8/O1) 1. Consumption of intoxicating liquor or non-intoxicating liquor in public or in other places prolu`bited by law except as provided by law. 2. Strewing, scattering, littering, throwing, or disposing of any garbage or refuse onto any premises except into receptacles provided for such purposes. 3. Marking with ink, paint, chalk, or other substance, or posting handbills on, or in any other manner defacing or injuring any public or private building or place within the city, or marking, defacing, or injuring fences, trees, lawns, or fixtures appurtenant to or located on the site of such buildings, or posting handbills on such fences, trees, or fixtures, or place a sign anywhere on any such site except as permitted by the owner thereof MONTICELLO CITY ORDINANCE TITLE VIUChapt 1/Page 4 4. Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence, or pazking area adjacent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. Obstructing pedestrian or vehiculaz traffic or otherwise causing an obstruction or interference with premises or rendering any premise dangerous for passage except in cases of emergency. 6. Failing or refusing to vacate or leave any premises after being requested or ordered, either orally, in writing, or by posted sign, to do so by the owner, agent, manager, or person in chazge thereof, or by any law enforcement agent or official, and also the return at any time thereafter to any such premises after having been so requested or ordered to vacate or leave such premises. (B) Petty Misdemeanors. Whoever commits any of the following acts is guilty of a petty misdemeanor and upon conviction shall be punished not more than the maximum penalty as prescribed by state law: (#358, 118/01) 1. Races the motor of any motor vehicle so as to cause unnecessary and unreasonable noise; 2. Causes, produces, or creates any unnecessary and unreasonable noise by shouting, mechanical means, the blowing of motor vehicle horns, or any other similar noise. 3. Improper or annoying use of spot lights onto persons or premises. 4. Using profane, abusive, indecent, or threatening language in public. 5. Occupies a standing motor vehicle in an azea generally reserved for parking or occupies a standing motor vehicle while the vehicle is double parked. (C) Premises. For purposes of this section, premises shall include any yard, lot, pazcel, sidewalk, boulevard, street, highway, alley, pazk, playground, restaurant, cafe, church, school, any car or other motor vehicle, pazking lot, drive-in, building used for business, commercial, or industrial purposes, washroom or lavatory, apartment hallway or other location whether public or private in the City of Monticello. #166, 10/11/88) MONTICELLO CITY ORDINANCE TITLE VIUChapt 1/Page 5 7-1-4: ENFORCEMENT: (A) Any person owning and/or occupying property within the city where activities described in subsections 7-1-1 (C), (D), and (E) are in violation of this ordinance shall be so notified in writing by the City of the violation by certified mail and given seven (7) days to either correct the violation or appeal to the City Council for a determination that the complained of activity does not violate ordinance. An appeal to the City Council is perfected within the seven (7) day period if the person in violation files with the City Administrator a written request to be placed on the next City Council agenda for purposes of the Council hearing the appeal. No further action shall then be taken by the City until such time as the City Council shall determine that a violation does exist. Any party aggrieved by a decision hereunder by the City Council may appeal the decision to the District Court, Wright County, Minnesota, within thirty (30) days of the Council's decision. If after seven (7) days of the notice of violation the person in violation of this ordinance fails to correct the violation or appeal to the City Council, the City shall either: 1. petition the District Court for civil relief from the violation; or 2. remove and dispose of the material creating the violation and assess the cost of clean up, removal, and disposal against the property where such activity in violation of this ordinance occurred. For purposes of 7-1-1 (C), (D), and (E), the City need only provide the person in violation thereof one notice in any one 12-month period. If after a notice and within 12 months of such notice repeated violations occur, the City, without additional notice, may correct the conditions creating such violations and assess the cost therefore against the property where such activity in violation of 7-1-1 (C), (D), or (E) occurred. (B) PENALTY: Any person who violates any of the provisions of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#458, 3/12/07) MONTICELLO CITY ORDINANCE TITLE VIUChapt 1/Page 6 CHAPTER 1 PUBLIC NUISANCES SECTION: 7-1-1: General Policy 7-1-2: Definitions 7-1-3: Nuisances Unlawful 7-1-4: Public Nuisance 7-1-5: Exception 7-1-6: Abatement 7-1-7: Penalty 7-1-1: GENERAL POLICY: It is determined that the uses, structures, activities and factors described with this chapter, if allowed to exist, will tend to be harmful to the public welfare, safety, and morals. No person shall maintain or permit to be maintained any public nuisance identified within this chapter on property in the city that is owned, leased, rented, occupied, or otherwise in the control of such person. 7-1-2: DEFINITIONS: (A) PREMISES: For purposes of this section, premises shall include any yard, lot, parcel, sidewalk, boulevard, street, highway, alley, park, playground, restaurant, cafe, church, school, any car or other motor vehicle, parking lot, drive-in, building used for business, commercial, or industrial purposes, washroom or lavatory, apartment hallway or other location whether public or private in the City of Monticello. (B) PUBLIC NUISANCE: Whoever by act or failure to act does any of the following is guilty of maintaining a public nuisance: 1. Annoy, injure, or endanger the safety, health, comfort, or repose of the public. 2. Offend public decency. 3. Unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a lake, navigable river, bay, stream, basin, public park, square, street, alley or highway. 4. In any way render a considerable number of persons insecure in life or in use of property. (C) TERMS DEFINED IN OTHER CODES: Where terms are not defined this chapter but are defined in the International Property Maintenance Code (IPMC) or elsewhere in the City Code, such terms shall have the meanings ascribed to them as stated in those codes. 143992v5 7-1-3: PUBLIC NUISANCE UNLAWFUL: It shall be unlawful for any person, firm, corporation, or association to maintain any public nuisance defined in this chapter and it shall further be unlawful to do any act that is defined as a public nuisance in this chapter. 7-1-4: PUBLIC NUISANCE: (A) Misdemeanors: The following nuisances are declared to be misdemeanors: 1. Unwholesome substance that is brought in, deposited, left, dumped, or allowed to accumulate within the city. 2. Junk Vehicles. A "junk vehicle" is a vehicle without a valid current license, or without a valid current registration (if applicable), or which is apparently inoperable located outside an enclosed building in a residential area including, but not limited to, automobiles, trucks, motorcycles, snowmobiles, trailers, all-terrain vehicles and watercraft. 3. Pest harborage. All exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. 4. Garbage and Rubbish. (a) All household garbage, offal, dead animals, animal and human waste, and waste materials. (b) Accumulations of litter, glass, scrap materials (such as wood, metal, paper, and plastics), junk, combustible materials, stagnant water, plastic bags or trash. (c) Accumulations of clothing and any other items not designed for outdoor storage. 5. Non-trash items. (a) Accumulations of wood pallets. (b) Accumulations of vehicle parts or tires. (c) All construction and building materials unless such materials are being used at the time in the construction of a building, in which case such construction must be permitted and on a continuous uninterrupted basis. (d) All appliance or appliance parts. (e) All indoor or upholstered furniture of a type of material which is deteriorated by exposure to outdoor elements. (f) All other non-trash items which: (i) Are of a type or quantity inconsistent with the normal and usual use; or (ii) Are of a type or quantity inconsistent with then intended use of the property; or 143992v5 2 (iii) Are likely to obstruct or impede the necessary passage of fire or other emergency personnel. 6. Fertilizer and burial of waste. No person shall leave, deposit, or cause to be placed on any private ground any garbage. Sewage, waste, debris, carcass, or other substance or matter which is offensive or unhealthy by decomposition unless the same be buried at least three (3) feet under the surface of the ground; provided, that the use of manure and phosphorous fee fertilizer in the normal course for agriculture or horticulture is permitted. 7. Engaging within the city in any trade or employment which is hurtful to the inhabitants or dangerous to the public health, or injurious to neighboring property, or from which obnoxious odors arise, or undue noise emanates, and specifically no person shall operate a dump or garbage dumping area or rendering plant except such specific activity be authorized by the issuance of a permit as hereinafter provided. 8. Causing or permitting garbage, tin cans, or refuse to be thrown or scattered upon any street, alley, highway, parkway, boulevard, or real estate. 9. Causing or permitting detached structures not requiring a building permit that do not conform to the following requirements: (a) All such detached structures shall be constructed of uniform building grade material. (b) All sides, roof, and floor shall be securely fastened to the interior frame of said detached structure. (c) All surfaces of such detached structures shall be stained, sealed, or painted. (d) Exterior metal surfaces shall be treated with materials designed to resist corrosion. (e) Structures that do not have slab floors shall have a rodent barrier that extends eight (8) inches under the surface of the ground along the perimeter of the outside wall of the structure. (fj All such detached structures shall be permanently anchored to the ground. (g) Storage sheds erected after the adoption of the zoning ordinance shall meet district setback requirements. (h) Detached structures shall be erected in the side or rear yard of any residence. 10. Consumption of beer, wine or liquor in public except as provided bylaw. 11. Strewing, scattering, littering, throwing, or disposing of any garbage or refuse onto any premises except into receptacles provided for such purposes. 12. Marking with ink, paint, chalk, or other substance, or posting handbills on, or in any other manner defacing or injuring any 143992v5 3 public or private building or place within the city, or marking, defacing, or injuring fences, trees, lawns, or fixtures appurtenant to or located on the site of such buildings, or posting handbills on such fences, trees, or fixtures, or place a sign anywhere on any such site except as permitted by the owner thereof. 13. Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence, or parking area adjacent to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. 14. Obstructing pedestrian or vehicular traffic or otherwise causing an obstruction or interference with premises or rendering any premise dangerous for passage except in cases of emergency. 15. Failing or refusing to vacate or leave any premises after being requested or ordered, either orally, in writing, or by posted sign, to do so by the owner, agent, manager, or person in charge thereof, or by any law enforcement agent or official, and also the return at any time thereafter to any such premises after having been so requested or ordered to vacate or leave such premises. 16. Maintaining nuisance vegetation as follows: (a) In any area the existence of any noxious or poisonous vegetation such as poison ragweed or other poisonous plants, or any weed, grass, brush, or plants which are a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. (b) In any area within 100 feet of the nearest building, the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. (c) In any area on an occupied lot the existence of weeds or grass in excess of six (6) inches in height or any accumulation of dead weeds, grass, or brush. 17. All other conditions or things that are likely to cause injury to the person or property of anyone. (B) Petty Misdemeanors: The following nuisances are declared to be petty misdemeanors: 1. Racing the motor of any motor vehicle so as to cause unnecessary and unreasonable noise. 2. Causing, producing, or creating any unnecessary and unreasonable notice by shouting, mechanical means, the blowing of motor vehicle horns, or any similar noise. 3. Improper or annoying use of spot lights onto persons or premises. 4. Using profane, abusive, indecent, or threatening language in public. 143992v5 4 5. Occupying a standing motor vehicle in an area generally reserved for parking or occupies a standing motor vehicle while the vehicle is double parked. 7-1-5: EXCEPTION: The provisions of this chapter do not apply to the hauling or accumulation or spreading of manure for the purposes of agriculture provided the public health, safety, and welfare is not adversely affected thereby. 7-1-6: ABATEMENT: (A) Notice. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The owner of the property will be determined as shown by the records of the office of the County Recorder. The notice shall be served in person or by regular mail. If the premises is not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding seven (7) days for any grass or weed nuisance and not exceeding twenty (20) days for all other nuisances, to either correct the violation or appeal to the City Council for a determination that the complained of activity does not violate the ordinance. (B) Accelerated abatement. For second or successive violations concerning grass, weeds and other vegetation in a calendar year, the City will post a notice of violation on the property providing that if the violation is not corrected within 48 hours after such posting, the City will, without additional notice, correct the conditions creating such violations and assess the cost therefore against the property. (C) Recovery of Cost: The owner of the premise on which a nuisance has been abated by the city shall be personally liable for the city's cost of abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk. (D) Assessment. If the nuisance is a public health or safety hazard on private property, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the city clerk shall, on or before September 1 next following abatement of the nuisance list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges 143992v5 $ are attributable. The council may then spread the charges against such property under that statute and other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the council may determine in each case. 7-1-7: PENALTY: Violation of this chapter shall have the penalties provided in Section 7-1-4. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue. Each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. 143992v5 6 JNTY Q/C~ vo ~$ ~ z = m a ~ y~ ~ d '-eae OFFICE DF WRIOHT CD LINTY ATTORNEY Thomas N. Kelly AssistanEs Anne L. Mohaupt Thomas C. Zins Terry D. Frasier Scott M. Sandberg Mark A Sriekson .8lisabeth M. Larson 9rian A Lufea Aaron D. Duffs Lee R Mamie Ifaren L. Wolff Shane S. Simonds Thomera R Haruel Date: September 23, 2008 Wright County Government Center Brian J. Aateson 10 2nd Street NW, Room 400 ChiefDep~ctyAttorney Bu f j°alo, Minnesota 55313-1189 vtcttm~wttnes8 .Assistance Coordinator Jenny Paripouich Phone: (763) 682-7340 Toll Free: Y-800-362-3667 Fax: (7631682-7700 Fnvtstigator Jake Xermansen Legal Asaiatant Michelle Sandquiat Of}'ice Manager Cindy Xoh! Dear City Administrator /Township Supervisor: First, I would like to introduce myself. My name is Karen Wolff and I am the Assistant County Attorney assigned to address the issues of refuse, junk, inoperable and unlicensed vehicle issues in Wright County. If you have properties with these ongoing issues, feel free to contact me directly. My direct line is 763-684-4507. Back in April of .2002, our office circulated a memo outlining the procedure on how to handle or address the junk, refuse, inoperable or unlicensed vehicles problems. The following is an updated memorandum outlining the procedure that we currently use in our office: Memorandum To: City AdministratorfTownship Supervisor From: Tom Kelly, Wright County Attorney Subject: "Operation Clean-Up Wright County" It has come to my attention that various cities .and townships within Wright County have inquired regarding criminal prosecution for violations of zoning ordinances involving motor vehicles, junk and refuse type of nuisance cases. The County Attorney's Office is willing to prosecute criminally those who have violated ci and co zonin ordinances involvin motor vehicles, junk and refuse of nuisance cases. However, in order to do so he County Attorney's Office i sin a respective overnmen entities he p ay a oun hon for a success prosecution. It is imperative at we work together, as we work through ese cases. Wright County Attorney's Office will not be able to rosecute unless the overnmental entities or finance. a essing motor ve is es, ~urik and refuse tune of nuisance cases.. Most owns Those that are not will be covered by their own ordinance. Cities will be covered by their own ordinances. The ordinances must clearly define the objectionable conduct that makes noncompliance a criminal matter. The ordinance must clearly state that ;..~. a~ tdiatiflg, s ordin~.tlci~R ~,gult~ of a nisdeirieatlor and upon. c~nv~c.~tion thereof, shall be purlf ahed by a ~'l~~for 9~U days m jail, ~ If the ordinance does not have specific penalties listed, then it must state that anyone.x~ialatitlg this ordinance shall be ~ililt~`of a fhisdetrl'eshot~ end u~at'I fctrrrt~iction thof;^~h~ll'' 'punished"liyFa'fi~e arid/br by irriprisbi3lidiit`as''sct'fnrth`in~Minnesot~ Stattfte~Se"Ctiot 609;t~3 The County Attorney's Office of rosecute viplations . wherein the _ ,enal is onl a petty ~ ~.. ,. ah•.f nN= a misdemeanor ~ W wv o .~ " ~ g~q';~ s~t~iQr -;~ Also, , ~ .: , ~, t ._.:,t . , . ordinances that do not clearly define the un(a ul conduct should be amended. Due process requ res that citizens know what conduct an their part is considered criminal. Governmental entities (County, City, Township} have drafted ordinances differently depending on the conduct they wish to address. For example, an ordinance could address license versus unlicensed motor vehicles or operable versus inoperable motor vehicles or both. Also, an ordinance could address what they consider to be junk and refuse type of nuisance cases. The governmental entity {City or Township) must ~ez°ify and,dgcument'the alleged vio~~.tio~s: 2. The governmental entity (City or Township) must send'~:a°lette~ to the alleged violator by ,. regular mai'1 using an Affidavit: of M'~ilitlg,~ The letter mast stag' what canduC~' is takirlg place;` 'that violate~'their ordinance. Remember, if this case is eventually sent to the Wright County Sheriff's Department for a criminal investigation, they will rely heavily on the letter, They will use this letter to understand what the case is all about and what. ordinance. ;sectagn ani~. penalty pcovlsioi~; should be li~ted~ if a citation is is~ue~ Be careful that the specific ordinanceq, section and penalty provision that you list applies to the conduct you observed. Tlt~ letE~r rriust include a copy of the ordinance sectori~`s} that make the alleged conduct criminal. The letter must include the .penalty. provision bf the o3'dinande ~o the alleged violator knows noncompliance will subject him/her to a misdemeanor conviction. The letter must also inform the alleged violator ~s~ li~/she scan conta'c~, (along vyitlz,, a phone numbed} if he/she has any questions as to what is necessary in order to bring his/her property into compliance with,:. the ordinance. The letter ~'~ state i~ is necessary They bring htslher pXop~l'tp'intct t;ci~~anic,~ ~~' _ ~,. ~ 1, ~ih thc, ~rlClb3ed~~rdiT1CP 'l~'I~lln tV~~nt~. Cl~ayS D~ Tile NbtY.,~f ~1~$ed ~tAidtt ~lekfer. The ~,,,,. letter imust state failure to bring his/her property into compliance with the enclosed ordinance will leave you (the governmental entity} no choice but to refer the matter to the legal authorities for possible criminal prosecution. The letter should state that you (the governmental entity), along with the County Attorney, sincerely hope that this matter can be resolved without the need to involve the courts with a criminal prosecution. 3. governmental .entity (City or Township) will assign, someone (contact . fl ~a a, ..~~ 3",~~. ~ .. , _ _ .. _ _ _ _ has been brought into compliance, that will end the matter. ~,lhc~ p~ik9j~4i~~'h~~ sE'~t~fi~l~~' ~, brotla~ '~' do~~p~c~ then the governmental entity (City or Township} s} j~~~+ will h~'ve tie ~ottta ~~_ _ :~' rand ft~i~t ;rsti,~d~'''~ : to~ ' ~ The City of Annandale will fo`~~ " r "to "" ~e andale Police Department. eAgovernmental entity (City or Township} .~._,~~u,.. - ----~ 2 ,o,o~ysL~~~s~de~'by tie;, a olncontact any potential witnesse and what they observed, and viii) ~~~~` ~r~e "" letting the Shenff s Department ( applicable, the Annandale Police Department know ~, ~eec~#tdtict ~~~itutes a ~tibla#~on~ of ~f~` t~i141iic N'N ~'r 1 • , r ,> 4. The Sheriff (for Annandale, it will be the Police Chief) will then assign a deputy to verify and photograph the violation and if appropriate, issue a misdemeanor citation for violating the ordinance. The deputy assigned will also write a brief report regarding his/her investigation and what he/she did. The citation will give a court date for some future Wednesday or Friday. The Sheriff (for Annandale, it wilt be the Police Chief) will then forward to the County Attorney's Office a copy of all documentation they received from the governmental entity. They will also forward the deputy's brief report, the photographs taken and a copy of the citation that was issued. 5. The County Attorney's Office will then prosecute the case. When the defendant appears in court, he/she will be required to plead guilty or not guilty. If they choose to plead guilty, our agreement with the defendant will, in most cases, be that their guilty plea will be taken under advisement for a period of one year under what is called a stay of adjudication on conditions that he/she pay $200.00 in court costs and bring his/her property into compliance with the ordinance within thirty days. If the defendant fails to appear on the citation, the County Attorney's Office will draft .and file a Complaint and Summons. If the defendant fails to appear on the Summons, a Warrant will be issued for his/her arrest. 6. After the defendant appears m court, the County Attorney's Office veil ail Ato t~}ew;con#atl# ,~` rson for die overnnienta~ enti` Ci or Townshi ~~ case dis ~ I~'t`~ cue ~, , . g .~ ..4}~ ~. (~_~' ~ .,.., ,. gip).., ~~ ,~~. ,z~ ,Pendant ., pled guilty; it will in Iud ~' 1u ~ the h t~an~ erlxl r e ~ ~,tp„ ~, ~. . ~ plianc"~ ~n`vVhich ,~, ~, ~ .. ~ . If the def ndant pled not e ,~.,.~> .._.~..~~.., ,. _ guilty, th case will proceed to pre-trial and possibly court or jury trial. 7. courE°cost has been paid). paid. On the other hand, governmental entity (Ci (Annandale Police Depar ,~ ~. S~iifi~ t assuming the $200.00 Office will verify if the court cost has been v;; , "~ v, en the contact person for the if applicable) •~ (1 ~,~Q~p° .-tee nortcc~m~± Law enforcement will include a short summary as to the current situation and documenting when they took the current photographs showing noncompliance with the Court's Order. Law enforcement will develop the photographs as soon as possible. They will then send all noncompliance documentation immediately to the County Attorney's Office. The County Attorney's Office will then commence a revocation proceeding so that the defendant's noncompliance with the order of the court can be addressed. When the defendant appears on the revocation and assuming we can prove by clear and convincing evidence that If the defendant pleads guilty, then then " '~ '~ ; "' n dr ° v ` ~~ ent~~~~~' y~^ Ci Township) wl;~r~e to ~ rify,A . thy; . , e~ pl'C~ } ~ ~._w ~,, within the time alYowed. ~G .;~ then the contact,.~e n r the ~. - `! Y ,,fin{ ~~,yT{~,,~ , ~4 4 ~ govenimental en ~^ ,, , ~~ ~~~ he/she has not complied with the Court's Order., then we will ask the court that the defendant's stay of adjudication be revoked and the defendant be sentenced to a fine and jail. We will ask that the jail be stayed if the defendant complies with the original Court Order by bringing his/her property into compliance with the ordinance. We will grant him/her an additional thirty days to comply. Again, the County Attorney's Office will notify the governmental entity (City or Township) regarding the outcome of the revocation proceeding. Again, the contact person for the governmental entity (City or Township) will have to verify that the defendant has brought his/her property into compliance by the agreed upon date. If the defendant has complied, the contact person for the governmental entity (City or Township) will send a letter to the County Attorney's Office and the case will be closed (assuming the fine has been paid}. The County Attorney's Office will verify if the fine has been paid. If the defendant has failed to comply, then again the contact person for the governmental entity (City or Township) will have to notify the Sheriffs Department (Annandale Police Department, if applicable) so they (law enforcement) can document and photograph the noncompliance. Law enforcement will again include a short summary as to the current situation and documenting when they took the current photographs showing noncompliance with the Court's Order. Law enforcement will develop the photographs as soon as possible. They will then send all noncompliance documentation immediately to the County Attorney's Office. The County Attorney's Office will then commence a second revocation proceeding at which tune we will request that the defendant be incarcerated. This will conclude the criminal proceeding. After this hearing the governmental entity (City or Township) will have to commence civil litigation asking for injunctive relief. Legal representation for Townships filing a civil complaint asking far injunctive relief to enforce the Wright County .Zoning Ordinance would be the Wright County Attorney's Office. Cities will have to utilize their own City Attorneys. Townships enforcing their own ordinances will have to utilize their own Township Attorneys. The procedure outlined in this letter is intended for the "typical" case. Please keep in mind that some cases will have tIIiique circumstances requiring deviation from the procedure used in the "typical" case. It is my sincere hope that citizens will choose to cooperate by bringing their property into compliance and avoiding the criminal process all together. Again, if you have any questions or concerns at all, please feel free to give me a call. Sincerely, ~~~ Karen Wolff Assistant Wright County Attorney (763)684-4507 Cc: Sheriff Gary Miller, Wright County Sheriff's Office Chief Jeff Herr, Annandale Police Department 4 CITY OF MONTICELLO INTERNAL PROCESSING OF NUISANCE VIOLATIONS Last Updated: March, 2009 1. Receive complaint from service request. [Permit Technician] 2. Respond to the request. [Permit Technician] - Let them know what steps you will take to resolve the situation. - Document when you responded to the service request. 3. Observe and take pictures of the violation fill out a City of Monticello ordinance violation notice. [Building Official] 4. Send letter to the violator using affidavit of mailing. [Permit Technician] Must include the following: - What the violation is. - Ordinance section it violates. - Penalty provision of the ordinance. - Copy of ordinance section[s]. - Name and phone number of the person writing the violation notice. - State what needs to be done to bring the property into compliance. - State the time frame of when the violation must be in compliance. - Must state failure to bring the property into compliance with enclosed ordinance will leave you [the City of Monticello] no choice but to refer the matter to the legal authorities for possible criminal prosecution. - State that you [the City of Monticello], along with the County Attorney, sincerely hope that this matter can be resolved without the need to involve the courts with a criminal prosecution. - PID number must be included. 5. Follow up with person who filed the service request.[Permit Technician] 6. Put all documentation on spread sheet and in tickler file to follow up on at the appropriate time. Enter follow up inspection on inspections schedule. [Permit Technician] - 7 days for grass or weeds. - 20 days for other nuisances. 7. .Follow up on the nuisance at the appropriate time.[Building Official] - If in compliance; document and enter info into spread sheet. No further action is needed.[Permit Technician] - Grass and weeds-non compliance: Post notice at the front door of the address. For vacant lots, post the notice on a sign in a conspicuous place on the property. Notice must state 48 hours to comply or the City of Monticello will mow the grass and weeds and assess the cost to the property. 8. All other nuisance violations. If not in compliance; Within 5 days of the follow- up date, document the continuing violation and forward a request for criminal prosecution to the Wright County Sheriff's Department. [Permit Technician] Must include the following.[Building Official Report] - If any initial contact with the alleged violator and by whom. - A copy of the original Notice of Alleged Violation letter that was mailed. - A copy of the ordinance that is alleged to have been violated and was sent with the original letter. - The original Affidavit of Mailing. - The name, address and phone number of the person [contact person] who verified that the property was not brought into compliance. - The date the person checked the property for compliance and a brief summary of the observation by the person which substantiates that there is a continuing violation taking place. - The names of any potential witnesses and what they observed. - Include a brief summary letting the Sheriffs Department know why the conduct constitutes a violation of the ordinance. 9. The Sheriffs Department will verify and photograph the violation and if appropriate issue a misdemeanor citation for violating the ordinance. - The citation will give a court date for a future Wednesday or Friday. - The Sheriff's Department will forward to the County Attorney's Office the deputy's brief report, the photographs taken and a copy of the citation that was issued along with all documentation from the City of Monticello. 10. The County Attorney's Office will then prosecute the case. 11. After the defendant appears in court, the County Attorney's Office will mail to our contact person the case disposition. If the defendant pled guilty, it will include the date by which the defendant needs to bring the property into compliance, which will usually be within thirty days. If the defendant pled not guilty, the case will proceed to pre-trial and possibly court or jury. 12. If the defendant pleads guilty, then the city contact person will have to verify that the defendant has brought the property into compliance within the time allowed. If the defendant has complied, then the city contact person will send a letter to the County Attorney's Office stating that the defendant has complied and the case can be dismissed [assuming the $200.00 court cost has been paid]. The County Attorney's Office will verify if the court cost has been paid. If the defendant has failed to comply, then the city contact person will notify the Sheriff s Department so an officer can document and photograph the noncompliance. The officer will complete a short summary of the current situation and document when they took the current photographs showing noncompliance with the Court's Order. Law enforcement will develop the photographs as soon as possible. The officer will then send all noncompliance documentation immediately to the County Attorney's Office. 13. The County Attorney's Office will then commence a revocation proceeding so that the defendant's noncompliance with the order of the court can be addressed. When the defendant appears on the revocation, assuming we can prove by clear and convincing evidence that he/she has not complied with the Court's Order, then the attorney will ask the court that the defendant's stay of adjudication be revoked and the defendant be sentence to a fine and jail. Law enforcement will ask that the jail be stayed if the defendant complies with the original court Order by bringing his/her property into compliance with the ordinance. Law Enforcement will grant him/her an additional thirty days to comply. The County Attorney's Office will notify the City of Monticello regarding the outcome of the revocation proceeding. ('The process will the go back to step 12 above.) 14. If the property is still not brought into compliance after the additional 30 days, the County Attorney's Office will then commence a second revocation proceeding at which time Law Enforcement will request that the defendant be incarcerated. This will conclude the criminal proceeding. After this hearing the City of Monticello will. have to commence civil litigation asking for injunctive relief. City Council 3.23.09 10. Consideration of approving amendments to Business Subsidy Criteria related to: Tax Increment Financing, Greater Monticello Enterprise Fund, and Monticello Small Cities Economic Development Set-aside Revolving Loan Fund (MB) A. REFERENCE AND BACKGROUND: The City Council is being asked to consider three items related to this agenda item. They include: 1. Consideration of approving amended business subsidy criteria related to Tax Increment Financing. 2. Consideration of approving amended business subsidy criteria related to Greater Monticello Enterprise Fund. 3. Consideration of approving business subsidy criteria related to Monticello Small Cities Economic Development Set-aside Revolving Loan Fund. The City currently has criteria in place for the issuance of business subsidies related to Tax Increment Financing (TIF) and the Greater Monticello Enterprise Fund (GMEF). In 2008 the Economic Development Authority (EDA) directed staff to begin looking at how these documents could be revised to be more user friendly. Staff and the EDA spent considerable time modifying criteria in order to provide for clear concise guidelines. On February 11, 2009, Martha Ingram, from Kennedy and Graven, and City staff held a workshop with the EDA and City Council to work through the legal requirements and general policies desired by the policy makers when amending the Tax Increment Financing (TIF), Greater Monticello Enterprise Fund (GMEF), and Monticello Small Cities Economic Development Set-aside Revolving Loan Fund guidelines. The EDA and City Council directed staff to make applicable changes to each document as outlined below. B. BUDGET IMPACT: Approving business subsidy criteria related to TIF/GMEF/and Monticello Small Cities Economic Development Set-Aside Fund will have no direct affect on the budget. Budget impacts may occur in the future depending on the requests the city receives from developers and businesses. 1. TIF: There were no major changes made to this document, only minor word corrections and sentence clarifications. The current criteria and procedures are still intact and follow State Statutes. Alternative Actions: a. Motion to approve amended Business Subsidy Criteria related to Tax Increment Financing. b. Motion to deny amended Business Subsidy Criteria related to Tax Increment Financing. c. Motion to table action and direct staff to revise the criteria based on discussion. 2. GMEF: The Greater Monticello Enterprise Fund (GMEF) went through a lot of general clean up. The document was restructured to provide better organization and several sections were changed to read more clearly. With this said; the overall purpose and criteria for which these loans are issued, remained the same and complies with State Statutes. The EDA and legal counsel did make a few notable changes, which include: a. Job retention was included as one of the public purpose objectives b. Per legal counsel recommendation, the correlation between dollars and number of required jobs to be created was removed c. Federal regulations related to the Small Cities Economic Development Set Aside grant was removed and astand-alone document was created d. A minimum 3% interest rate was added. Previous the GMEF simply stated " 2% below prime." Due to the change in economy, a minimum rate needed to be established due to the fact that interest rates are quite low at this time. Alternative Actions: a. Motion to approve amended Business Subsidy Criteria related to Greater Monticello Enterprise Fund. b. Motion to deny amended Business Subsidy Criteria related to Greater Monticello Enterprise Fund. c. Motion to table action and direct staff to revise the criteria based on discussion. 3. Monticello Small Cities Economic Development Set-aside Revolving Loan Fund: The City received a grant in conjunction with Twin Cities Die Cast in the amount of $500,000 in 2007. The grant has been repaid and the City is able to redistribute these funds to other businesses. However, these funds must be issued under certain federal guidelines. Previously, the federal guidelines were incorporated into the GMEF criteria. In discussions with legal counsel, they advised the City to pull out all criteria related to this grant and create astand-alone document. It should be noted that once these funds have been redistributed one more time, the money can be funneled back into Monticello's GMEF guidelines and then re-distributed. General procedures and public purpose were copied from the GMEF guidelines and incorporated into the small cities guidelines. All applicable and required federal regulations are included. Federal guidelines allow these funds to be utilized for working capital. However, after 2 much discussion at the workshop and in accordance with legal advice, working capital was removed as an eligible use. The consensus of the EDA and Council Members who attended the workshop was it is not good policy for Cities to be issuing working capital loans. Staff would like to further clarify that per State Statute, EDA's are not authorized to issue working capital loans and there is much debate as to whether Cities have the authority to issue loans for working capital purposes. The thought is that the private sector is meant to issue working capital loans and Cities/EDA's are more intended to issue loans for purchasing power that meets a public purpose. Alternative Actions: a. Motion to approve Business Subsidy Criteria related to Monticello Small Cities Economic Development Set Aside fund. b. Motion to deny amended Business Subsidy Criteria related to Monticello Small Cities Economic Development Set Aside Fund. c. Motion to table action and direct staff to revise the criteria based on discussion. C. STAFF RECOMMENDATION: The EDA reviewed the business subsidy criteria related to TIF, GMEF, and Small Cities Set Aside Fund at their March 11, 2009 meeting. The EDA unanimously recommended approval. City Staff and legal counsel conquer with the EDA's recommendation. D. SUPPORTING DATA: 1. Tax Increment Financing Criteria 2. Greater Monticello Enterprise Fund Guidelines 3. Monticello Small Cities Economic Development Set-aside Revolving Loan Fund Guidelines 3 EDA -TIF Criteria M0~"f ICN LLO CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT FINANCING 1. PROJECT EVALUATION CRITERIA 1:01 Tax increment financing proposals must meet a public purpose in addition to increasing tax base; which can include but are not limited to, the creation of livable wage jobs, removal of blight, and environmental clean up. 1:02 The EDA will utilize Tax Increment financing (TIF) to support the community's long-term economic, redevelopment, and housing goals stipulated in the Comprehensive Plan and Zoning Ordinance. TIF proposals will be considered under the Comprehensive Plan and City Code in effect at the time the TIF proposal is received. 1:03 The EDA shall use the following guidelines when evaluating a TIF request. A. All TIF requests shall meet the "but for" test. The "but for" test means that the project would not develop solely on private investment in the reasonable future. The developer shall provide findings for the "but for" test. B. TIF will not be provided to projects that have the financial feasibility to proceed without the benefit of the subsidy. In effect, TIF will not be provided solely to broaden a developer's profit margins on a project. C. TIF requests should create the highest feasible number of jobs on site from date of occupancy where deemed appropriate. D. For manufacturing and warehousing TIF requests, at least 90% of the jobs created must pay at least 160% of the federal minimum wage requirements for individuals over the age of 20 during the term of the assistance. In the case of a recipient with existing jobs, the EDA may determine that the wage goal is satisfied if wages are increased to at least the minimum specified in this paragraph. Annual written reports are required until termination date. Failure to meet the job and wage level goals require partial or full repayment of the assistance with interest. EDA -TIF Criteria E. In the case of a recipient with existing jobs, the EDA may determine that the wage goal is satisfied if wages are increased by a specified amount over the federal minimum wage. Annual written reports are required until termination date. Failure to meet the job and wage level goals require partial or full repayment of the assistance with interest. F. TIF requests should result in a substantial increase in property value and/or property taxes. F. TIF requests should facilitate redevelopment or elimination of "substandard" or "blighted" areas where deemed appropriate. G. TIF requests should facilitate the "clean-up" of environmentally unsound property where deemed appropriate. H. TIF requests should increase housing options for area residents where deemed appropriate. 2. TIF APPROVAL CRITERIA 2:01 All new projects considered by the EDA should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual right on the part of any potential developer or the EDA. 2:02 Prior to approval by the EDA, the developer shall provide any and all applicable and required market and financial documentation, appraisals, soil boring, information provided to private lenders for the project, and other information or data as requested. 2:03 A recipient of TIF must make a commitment to continue operations at the site where the subsidy is used for at least five years after the benefit date. 2:04 The EDA may determine job creation or retention is not a goal of the subsidy. In those cases, the recipient must instead meet at least one of the following minimum requirements (in addition to all other criteria in this document other than those relating to jobs and minimum wages): A. To remove blight and encourage redevelopment in the commercial and industrial areas of the City in order to encourage high levels of property maintenance and private reinvestment in those areas; or B. The proposed subsidy must result in improvements to public infrastructure or public facilities, including without limitations, sewers, storm sewers, streets, parks, recreational facilities, and other City facilities; or C. The proposed subsidy must remove physical impediments to development of land, including without limitations poor soils, bedrock conditions, steep slopes, or similar geotechnical problems. 2 EDA - TIF Criteria 3. PROCEDURES 3:01 Meet with appropriate Staff to discuss the scope of the project, define public assistance requested, identify public participation eligibility, and other information as may be necessary. 3:02 The request shall be reviewed by Staff on a preliminary basis as to the feasibility of the project. 3:03 The project concept shall be placed on the EDA agenda for concept review. The applicant will make a presentation of the project. Staff will present its findings. 3:04 If EDA concept review is positive, Staff will provide the City Council with an informational concept review. 3:05 The City will hold all required public hearings. 3:06 The applicant will execute and submit the Preliminary Development Agreement accompanied by a deposit per approved fee schedule. 3:07 Building and site plans will be required to be submitted to the Community Development Department. 3:08 If Planning and Zoning Commission action is required, it will be necessary for the applicant, at this time, to make application to the Commission. 3:09 Staff will authorize the following steps: A. Preparation for establishment of the Tax Increment Finance District and the Tax Increment Financing Plan if required. B. Preparation of the Purchase and Development Contract or Private Redevelopment Contract (Subsidy Agreement) based upon agreed terms. 3:10 When action is required for the Tax Increment Finance District and Plan, Purchase and Development Contract or Private Redevelopment Contract, or Zoning/Ordinance; the EDA, Planning Commission and City Council shall take appropriate action such as public hearings and consideration of approvals. 3:11 Building permit will be issued after the Tax Increment Finance District and Plan is approved by the City Council, the Purchase and Development Contract or Private Redevelopment Contract is executed by the developer and EDA, and the Building Permit Fees are paid. 3:12 Generally Tax Increment Financing projects take between six to eight weeks from time of authorization to begin drafting plan and contract. History: Public Hearing and Adoption the 8~` of September 1999 Public Haring and Adoption of Amendments the 4a` day of October 2000 Public Hearing and Adoption of Amendments the 5~` of May 2004 3 EDA - TIF Criteria Public Hearing and Adoption of Amendments the 3rd day of May 2006 Public Hearing and Adoption the 12d' day of November 2008 ~x ~u~ icy F i.ci GREATER MONTICELLO ENTERPRISE FUND GUIDELINES 1. PURPOSE The purpose of the Greater Monticello Enterprise Fund (GMEF) is to encourage economic development by supplementing conventional financing sources available to existing and new businesses. This program is administered by the City of Monticello Economic Development Authority (EDA) and participating lending institution(s). GMEF Loans are made to businesses to help them meet a portion of their financing needs. The loans are meant to be a secondary source of financing, provide gaps in private financing, and assist in securing other grants. All loans must meet four or more of the criteria established in the Definition of Public Purpose section. 2. ORGANIZATION The Greater Monticello Enterprise Fund is administered by the EDA. It is the responsibility of the EDA to assure that loans meet the public purpose standard and comply with all other GMEF policies as defined in this document. 3. GMEF GUIDELINE MODIFICATION At a minimum, the EDA shall review the guidelines on an annual basis. Changes to the GMEF guidelines require approval by the City Council. 4. DEFINITION OF PUBLIC PURPOSE GMEF Loans must meet at least one (1) of the following public purposes (if the EDA finds that the public purpose described in b. is met, the EDA must find that the GMEF Loan meets at least one additional public purpose): a. To provide loans for credit-worthy businesses which create new jobs. 1. One job is equivalent to a total of 37.5 hours per week. 2. At least 90% of the jobs created must pay at least 160% of the federal minimum wage, exclusive of benefits, for individuals over the age of 20 during the term of assistance. Annual written reports are required until repayment of the assistance. Failure to meet the job and wage level goals requires partial or full repayment of the assistance with interest. b. To provide loans for credit-worthy businesses that would increase the community tax base. c. To provide loans to credit-worthy industrial or commercial businesses (new or existing) that would allow the ability to improve or expand their operation. Factors including but not limited to the following will be taken into account: 1. Type and size of the business 2. Product or service involved 3. Present availability of the product or service within the City of Monticello 4. Compatibility of the proposed business as it relates to the comprehensive plan and existing zoning policies, 5. Potential for adverse environmental effects of the business, if any. d. In the event job creation is not a viable option, credit-worthy businesses have the ability to demonstrate public purpose by means of job retention. 5. GREATER MONTICELLO ENTERPRISE FUND POLICIES a. Business Eligibility: 1. Industrial and commercial businesses. 2. Businesses currently located or to be located within the City of Monticello. 3. Credit-worthy existing businesses. 4. Start-up businesses with worthy business plan and/or pro forma in a form acceptable to the EDA (historically non credit-worthy businesses will be denied). b. Acceptable Private Financing Methods: 1. Companion Direct Loan: The GMEF is subordinate to the primary lender. 2. Participation Loan: The GMEF participates in a portion of the loan. 3. Guarantee Loans: The GMEF guarantees a portion of the bank loan. a. Interest rate cap is subject to EDA approval c. Use of Proceeds: 1. Real property acquisition, development, & rehabilitation improvement costs including but not limited to the following: a. Land Acquisition b. Engineer/Design Inspection Fees c. Building Permit Fees d. Architect Fees e. Building Materials f. Soil Borings g. Construction Labor h. Appraisal Fees i. Landscaping j. Legal Fees 2 k. Grading 1. Environmental Study m. Curbing/Parking Lot n. Recording Fees o. Title Insurance 2. Machinery and equipment: a. Personal property used as an integral part of the manufacturing or commercial business, with a useful life of at least three years. Acquisition costs would include freight and sales taxes paid. As a general rule, office equipment would not qualify. d. Terms and conditions: 1. Loan Size: Minimum of $25,000 and maximum not to exceed 50% of the remaining GMEF balance 2. Leveraging: Minimum 60% private/public Non-GMEF, Maximum 30% GMEF, Minimum 10% equity. 3. Loan Term: Personal property term not to exceed life of equipment (generally 5-7 years). Real estate property maximum of 5-year maturity amortized up to 30 years. Balloon payment at 5 years. 4. Interest Rate: Fixed rate not less than 2% below prime rate as published in the Wall Street Journal on date of EDA loan approval, with a minimum interest rate of 3.0%. 5. Loan Fee: Minimum of $500 but not to exceed 1.5% of the total loan. Fees are to be documented and no duplication of fees between the lending institution and the GMEF. Loan fee maybe incorporated into project cost. EDA retains the right to reduce or waive loan fee or portion of loan fee. Fee to be paid by applicant to the EDA within 5 working days after City Council approval of GMEF loan. The fee is non-refundable. e. Pre-payment Polio No penalty for pre-payment f. Deferral of Pa m~ ents: 1. Extending a balloon payment will require a verification letter from two lending institutions stating the inability to refinance and is subject to approval by the EDA. 2. Monthly payments may be deferred for a determined period of time upon approval by the EDA. g. Late Payment Polio 1. Failure to pay principal or interest when due may result in the loan being immediately called. In addition to any other amounts due on any loan, and without waiving any right of the Economic Development Authority under any applicable documents, a late fee of $250 will be 3 imposed on any borrower for any payment not received in full by the Authority within 30 calendar days of the date on which it is due. Furthermore, interest will continue to accrue on any amount due until the date on which it is paid to the Authority, and all such interest will be due and payable at the same time as the amount on which it has accrued. h. Assumability of Loan: None i. Business Equity Requirements: Subject to type of loan. The EDA will determine appropriate and applicable business equity requirements on a case by case analysis, utilizing normal lending guidelines. j. Collateral: 1. Liens on real property in project (mortgage deed). 2. Liens on real property in business (mortgage deed). 3. Liens on real property held personally (subject to EDA approval, homestead exempt). 4. Machinery and equipment liens (except equipment exempt from bankruptcy). 5. Personal and/or corporate guarantees (requires unlimited personal guarantees). k. Non-Performance: An approved GMEF loan shall be null and void if funds are not drawn upon or disbursed within 180 days from date of City Council approval. 1. Non-Performance Extension: 1. The 180-day non-performance date can be extended up to an additional 120 days, upon approval by the EDA. 2. A written request must be received 30 days prior to expiration of the 180-day non-performance date. m. Out of Pocket Fees: Responsibility of the GMEF applicant. n. EqualOpportunit~ The Greater Monticello Enterprise Fund is operated as an equal opportunity program. All applicants shall have equal access to GMEF funds regardless of race, sex, age, marital status, or other personal characteristics o. Participating Lending Institution(s): 1. Participating lending institution(s) shall be determined by the GMEF applicant. 4 2. Participating lending institution(s) shall cooperate with the EDA and assist in carrying out the policies of the GMEF as approved by the City Council. 3. Participating lending institution(s) shall analyze the formal application and indicate to the EDA the level at which the lending institution will participate in the finance package. p. Loan Administration: 1. City Staff shall collect applicable GMEF payments. 2. City Staff shall assure City compliance with all applicable terms and conditions of the approved loan. 3. All loan documents shall include the following: a. Definition of loan default, agreements regarding notification of default b. Copy of primary lenders documents c. Provisions allowing the City to inquire on the status of the primary loan 6. LOAN APPLICATION PROCEDURES The EDA desires to make the GMEF loan application process as simple as possible. However, certain procedures must be followed prior to EDA consideration of a loan request. Information regarding the program and procedures for obtaining a loan are as follows: a. City Staff: City Staff shall carry out GMEF operating procedures as approved by the EDA and City Council. Staff is responsible for assisting businesses in the loan application process and will work closely with applicants in developing the necessary information. b. Application Process: 1. Applicant shall complete a preliminary loan application. Staff will review application for consistency with the policies set forth in the Greater Monticello Fund Guidelines. 2. If applicant gains initial support from lending institution and if the preliminary loan application is approved, applicant is then asked to complete a formal application. Formal application shall include a business plan which will include its management structure, market analysis, and financial statement. Like documentation necessary for obtaining the bank loan associated with the proposal is acceptable. Attached with each formal application is a written release of information executed by the loan applicant 3. If the preliminary loan application is not approved by staff, the applicant may request that the EDA consider approval of the preliminary application at the next regularly scheduled meeting of the EDA. 4. City staff shall analyze the formal application and financial statements contained therein to determine if the proposed business and finance plan is viable. City staff shall submit a written recommendation to the EDA. A decision regarding the 5 application shall be made by the EDA within 60 days of the submittal of a completed formal application. 5. The EDA shall have authority to approve or deny loans; however, within 21 days of EDA action, the City Council may reverse a decision by the EDA, if it is determined by the City Council that such loan was denied/approved in violation of GMEF guidelines. 6. Prior to issuance of an approved loan, the EDA Attorney shall review and/or prepare all contracts, legal documents, and inter-creditor agreements. After such review is complete, the City shall issue said loan. 7. REPORTING City Staff shall submit to the EDA and City Council a semiannual report detailing the balance of the Greater Monticello Enterprise Fund. 8. HISTORY Public Hearing and Adoption the 31St day of August, 1999 Public Hearing and Adoption of Amendments the 8th day of November 2000 Public Hearing and Adoption of Amendments the 24th day of Apri12001 Public Hearing and Adoption of Amendments the 13th day of December 2005 Amended and Adoption the day of , 2009 6 ~,t~ ~' MONTICELLO SMALL CITIES ECONOMIC DEVELOPMENT SET- ASIDE REVOLVING LOAN FUND GUIDELINES I. PURPOSE: The City of Monticello ("City") has received a grant through the Community Development Block Grant Economic Development Set Aside program (the "Program") administered through the Department of Employment and Economic Development ("DEED"). The grant may be used to make loans to local businesses as described below. As the recipient of a grant through the Program, the City is authorized to keep all of the principal repayments and interest on the loans it makes. The City is required to use these funds to create a revolving loan fund ("RLF") and to establish policies and procedures for the RLF. The City Council administers the RLF. Once the RLF funds have been re-issued as new loans, RLF loan repayments may be redirected to the Greater Monticello Enterprise Fund ("GMEF") administered by the City of Monticello Economic Development Authority ("EDA"). II. PURPOSE OF THE REVOLVING LOAN FUND Revolving loan funds are to be used for business start ups, expansions, and retention where jobs are created or retained. This maybe accomplished by the following means: 1.) Creation or retention of permanent private-sector jobs in order to create above average economic growth; 2.) Stimulation or leverage of private investment to ensure economic renewal and competitiveness; 3.) Increase to the local tax base; 4.) Improvement of employment and economic opportunity for citizens in the region to create a reasonable standard of living; and 5.) Stimulation of productivity growth through improved manufacturing or new technologies. III. ELIGIBLE EXPENDITURES RLF's maybe used to provide assistance for infrastructure, loans, loan guarantees, interest buy-downs, and other forms of participation with private sources of financing. The RLF assistance can be for no more than one-half of the cost of the project. The RLF is subject to all of the state and federal CDBG requirements, as described in Exhibits A and B attached. However, once the loan funds have cycled through the RLF and are redirected to the GMEF, the funds will no longer be subject to federal CDBG requirements. IV. ELIGIBLE PROJECTS The grant or loan must be based on one or more of the following criteria: 1.) Creation of new jobs or retention of existing jobs; 2.) Increase in the tax base; 3.) Investment of public dollars inducing private investment; 4.) Excessive public infrastructure or improvement cost beyond the means of the affected community and private participants in the project; 5.) Higher wage levels to the community or added value to current workforce skills; 6.) Necessity of assistance to retain existing business; and 7.) Necessity of assistance to attract out-of--state business. The grant or loan cannot be made based solely on a finding that the conditions in clause 2.), 6.) or 7.) exist. A finding must be made that a condition in clause 1.), 3.), 4.), or 5.) also exists. V. ELIGIBLE ACTIVITIES RLF's maybe used for the following activities: 1.) Purchase of land 2.) Construction of a building or other improvements 3.) Renovation of an existing building to accommodate the business 4.) Construction of tenant improvements 5) Purchase of Capital Equipment 6.) Lease or purchase of an existing building 7.) Site improvements 8.) Public improvements and privately owned utilities 9.) Workforce Development including job training and placement: a.) Training low skilled, low-income persons for specific jobs for which they have been hired and which require skill levels beyond what they now have; b.) Training a pool oflow-income prospective employees for specific jobs being created as a result of aCDBG-funded industrial expansion, where the employer agrees to give first consideration to filling the new positions with people from this pool; c.) Re-training existing employees of a business as part of a project which qualifies as retaining jobs. 10.) Microenterprise Assistance: RLF assistance can be provided to persons owning or developing a microenterprise, which is defined as a commercial enterprise that has 5 or fewer employees, one or more of whom owns the enterprise. VI. INELIGIBLE ACTIVITIES RLF assistance may not be used for the following: 1.) Operation or expansion of a casino. 2.) For a project related to a sports facility. "Sports facility" means a building that has a professional sports team as a principal tenant. 3.) General promotion of the community. 4.) Professional sports teams. 5.) Privately owned recreational facilities that serve a predominantly higher income clientele where the benefit to users clearly outweighs the benefit of jobs created or retained. 6.) Acquisition of land for which a specific use has not been identified (i.e. land banking) 7.) Assistance to afor-profit business that is, or its owner is, the subject of unresolved findings of noncompliance related to previous CDBG assistance. 8.) For relocation of an out of state business. 9.) New housing construction. 10.) Planning for economic development projects. 11.) Job training that is not part of a CDBG eligible economic development activity to create or retain permanent jobs. 12.) Working capital. VII. PUBLIC BENEFIT A project using RLF funds must show a minimum level of public benefit. The amount of the assistance must not exceed $50,000 per full-time equivalent, permanent job (created or retained). If the City finds, after a public hearing, that the primary purpose of the project is not job creation, this provision is not applicable. VIII. PROJECT COSTS AND FINANCIAL REQUIREMENTS A. Acceptable Private Financing Methods: 1. Companion Direct Loan: The RLF is subordinate to the primary lender. 2. Participation Loan: The RLF participates in a portion of the loan. 3. Guarantee Loans: The RLF guarantees a portion of the bank loan. a. Interest rate cap is subject to City approval B. Terms and Conditions: 1. Leveraging: Minimum 60% private/public Non-RLF, Maximum 30%RLF, Minimum 10% equity. 2. Loan Term: Personal property term not to exceed life of equipment (generally 5-7 years). Real estate property maximum of 5-year maturity amortized up to 30 years. Balloon payment at 5 years. 3. Interest Rate: Fixed rate not less than 2% below prime rate as published in the Wall Street Journal on date of RLF loan approval, with a minimum interest rate of 3.0%. 4. Loan Fee: Minimum of $500 but not to exceed 1.5% of the total loan. Fees are to be documented and no duplication of fees between the lending institution and the RLF. Loan fee may be incorporated into project cost. City retains the right to reduce or waive loan fee or portion of loan fee. Fee to be paid by applicant to the City within 5 working days after City Council approval of RLF loan. The fee is non-refundable. C. Other: 1. No penalty for prepayment of loan in whole or in part. 2. Extending a balloon payment will require a verification letter from two lending institutions stating the inability to refinance and is subject to approval by the City. 3. Monthly payments may be deferred for a determined period of time upon approval by the City Council. 4. Failure to pay principal or interest when due may result in the loan being immediately called. In addition to any other amounts due on any loan, and without waiving any right of the City under any applicable documents, a late fee of $250 will be imposed on any borrower for any payment not received in full by the City within 30 calendar days of the date on which it is due. Furthermore, interest will continue to accrue on any amount due until the date on which it is paid to the City, and all such interest will be due and payable at the same time as the amount on which it has accrued. 5. RLF Loans are not assumable. 6. The City will determine appropriate and applicable business equity requirements on a case by case analysis, utilizing normal lending guidelines, subject to the type of assistance. 7. Collateral may include: i. Liens on real property in project (mortgage deed). ii. Liens on real property in business (mortgage deed). iii. Liens on real property held personally (subject to City approval, homestead exempt). iv. Machinery and equipment liens (except equipment exempt from bankruptcy). v. Personal and/or corporate guarantees (requires unlimited personal guarantees). 8. An approved RLF loan shall be null and void if funds are not drawn upon or disbursed within 180 days from date of City Council approval. i. The 180-day non-performance date can be extended up to an additional 120 days, upon approval by the City. ii. A written request must be received 30 days prior to expiration of the 180-day non-performance date. 9. Legal fees are the responsibility of the RLF applicant. 10. Participating Lending Institutions: i. shall be determined by the RLF applicant ii. shall cooperate with the City and assist in carrying out the policies of the RLF as approved by the City Council. iii. Shall analyze the formal application and indicate to the City the level at which the lending institution will participate in the finance package. 11. Loan Administration: i. City Staff shall collect applicable RLF payments ii. City Staff shall assure City compliance with all applicable terms and conditions of the approved loan. iii. All loan documents shall include the following: a) Definition of loan default, agreements regarding notification of default b) Copy of primary lenders documents c) Provisions allowing the City to inquire on the status of the primary loan IV. LOAN APPLICATION PROCEDURES The City desires to make the RLF loan application process as simple as possible. However, certain procedures must be followed prior to City consideration of a loan request. Information regarding the program and procedures for obtaining a loan are as follows: a. Cit.. S~taff:_ City Staff shall carry out RLF operating procedures as approved by the EDA and City Council. Staff is responsible for assisting businesses in the loan application process and will work closely with applicants in developing the necessary information. b. Application Process: 1. Applicant shall complete a preliminary loan application. Staff will review application for consistency with the policies set forth in the Guidelines. 2. If applicant gains initial support from lending institution and if the preliminary loan application is approved, applicant is then asked to complete a formal application. Formal application shall include a business plan which will include its management structure, market analysis, and financial statement. Like documentation necessary for obtaining the bank loan associated with the proposal is acceptable. Attached with each formal application is a written release of information executed by the loan applicant 3. If the preliminary loan application is not approved by staff, the applicant may request that the City consider approval of the preliminary application at the next regularly scheduled meeting of the City Council. 4. City staff shall analyze the formal application and financial statements contained therein to determine if the proposed business and finance plan is viable. City staff shall submit a written recommendation to the City Council. A decision regarding the application shall be made by the City Council within 60 days of the submittal of a completed formal application. 5. Prior to issuance of an approved loan, the City Attorney shall review and/or prepare all contracts, legal documents, and inter-creditor agreements. After such review is complete, the City shall issue said loan. Exhibit A STATE REQUIREMENTS 1. MINNESOTA INVESTMENT FUND (MS.116J.8731~ Wage Goals: Businesses receiving RLF assistance must pay each employee total compensation, including benefits not mandated bylaw, that on an annualized basis is equal to at least 110% of the federal poverty level for a family of four. Retail Businesses: are not prohibited from receiving federal ED assistance. 2. MUNICIPAL RIGHTS, POWERS, DUTIES (MS 471.87-471.88 An officer of the city may not have a personal financial interest or personally benefit financially from the business to be assisted. 3. BUSINESS SUBSIDY LAW (MS 116J.993-116J.995~ Any state or local government agency or public entity that provides financial assistance to a business must comply with this statute. 4. FIRST SOURCE AGREEMENT (MS 116L.66) A business that receives grants or loans in an amount greater than $200,000 must list any vacant or new positions with the Department of Employment and Economic Development. 5. SURETY DEPOSITS REQUIRED FOR CONSTRUCTION CONTRACTS (MS 290.9705) When a contract exceeds $100,000 and anon-Minnesota construction contractor has been hired to perform the work, the city must do one of the following: a. Deposit with the Department of Revenue, 8 % of every payment made to the contractor; or b. Have in its possession a Waiver of Withholding from the Department of Revenue. 6. GOVERNMENT DATA PRACTICES (MS 13~ Information contained in the application for assistance will become a matter of public record with the exception of those items protected under the Minnesota Government Data Practices Act. Exhibit B FEDERAL REQUIREMENTS A. The project must meet at least one of two national objectives. These objectives are: Benefit to Low and Moderate Income (LMI) or Prevention or Elimination of Slums or Bli t. Low and Moderate Income Job Creation/Retention. The business to be assisted must commit to the creation and or retention of jobs with 51% of the jobs to be made available to or held by LMI persons. When jobs will be retained, the business must document that the jobs would be lost without the RLF assistance and that one or both of the following applies to at least 51 % of the jobs: a.) The job is held by a LMI person; or b.) The job can reasonably be expected to turn over within the following 2 years and steps will betaken to ensure that the job will be filled by, or made available to, a LMI person. A position is "Available to" LMI persons if the following criteria apply to the position: a.) The job does not require special skills that can only be acquired with substantial training, work experience or education beyond high school. b.) The business agrees to hire unqualified persons and provide training; and c.) The city and the assisted business take actions to ensure that LMI persons receive first consideration for filling such jobs. A job that is "Taken by" an LMI person if his/her household income is within the Section 8 income guidelines. (See attached Job Information form) Retained Jobs In order to consider jobs retained as a result of this assistance, there must be "clear and objective" evidence that permanent jobs will be lost without such assistance. For these purposes "clear and objective" evidence means that jobs will be lost would include: a) Evidence that the business has issued a notice to affected employees or made a public announcement to that effect, or b) Analysis of relevant financial records which clearly and convincingly shows that the business is likely to have to cut back employment in the near future without the planned intervention. To meet the LMI standard, 51 % or more of the retained jobs must be either: a) Known to be held by LMI persons at the time this assistance is provided and/or b) Jobs not known to be held by LMI persons, but which can be reasonably expected to "turn over" to LMI persons within 2 years. (This would involve the grant recipient or business taking actions to ensure that such a job, upon turnover, will be either taken by or made available to a LMI person in a manner similar to that pertained to a newly created job. S1umsBli~ht An economic development project, such as commercial rehab, which aid in the prevention or elimination of slums or blight in a designated area may qualify under the Slum/Blight National Objective. To qualify, the economic development activity must take place in an area that: 1.) Has been designated by the city as meeting a definition of a slum, blighted, deteriorated or deteriorating area under state or local law; and 2.) Has a substantial number of deteriorated or deteriorating buildings, or the public improvements are in a general state of deterioration. The assisted activity must address the conditions that contributed to the deterioration of the delineated area. The city must maintain documentation on the boundaries of the area and the condition which qualified the area when it was designated under state or local law. B. An RLF project must also meet the following federal requirements: 1. FAIR HOUSING AND EQUAL ACCESS a. Title VI of the Civil Rights Act of 1964, as Amended (42 U.S.C. 2000d et seq.~24 CFR Part 1) No person maybe excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color or national origin. b. The Fair Housing Act (42 U.S.C. 3601-36201((24 CFR Part 100-115) Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status. Furthermore, section 104 (b) (2) of the Act requires that each grantee certify to the secretary of HUD that it is affirmatively furthering fair housing. The certification specifically requires grantees to conduct a fair housing analysis, develop a fair housing plan, take appropriate actions to overcome the effects of any impediments identified and maintain records on the analysis, plan and actions in this regard. c. Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order 12259) (24 CFR Part 107) Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds. d. Aye Discrimination Act of 1975, As Amended (42 U.S.C. 6101) (24 CFR Part 146) Prohibits age discrimination in programs receiving Federal financial assistance. e. Section 109 of Title I of the Housing and Community Development Act of 1974 Requires that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin or sex. f. Americans with Disabilities Act (ADA) (42 U.S.C. 12131; 47 U.S.C. 155 201 218 and 225) Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accomodations, state and local government services and telecommunications. The Act also states that discrimination includes the failure to design and construct facilities that are accessible to and usable by persons with disabilities and requites the removal of architectural and communication barriers that are structural in nature in existing facilities. g Section 504 of the Rehabilitation Act of 1973 Prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive Federal funds. h. Architectural Barriers Act of 1968 (942 U.S.C. 4151-4157) Requires certain Federally funded buildings an other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. 2. EQUAL OPPORTUNITY a. Equal Employrnent Opportunity, Executive Order 11246, as amended.. (41 CFR ~~ Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000. b. Section 3 of the Housing and Urban Development Act of 1968 Requires that, to the greatest extent feasible, opportunities for training and employment arising from CDBG will be provided to low-income persons residing in the program service area. Also, to the greatest extent feasible, contracts for work (all types) to be performed in connection with CDBG will be awarded to business concerns that are located in or owned by persons residing in the program service area. c. Minority/Women's Business Enterprise (Executive Orders 11625, 12432, 12138) (24 CFR 85.36 e . City must prescribe procedures for a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, in all contracts. 3. LABOR REQUIREMENTS All contracts for construction and installation of equipment must comply with the following: a. Davis-Bacon and Related Acts (40 USC 276 (A)-7) Ensures that mechanics and laborers employed in construction work under Federally contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. b. Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) Provides that mechanics and laborers employed on Federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and provides for the payment liquidated damages where violations occur. It also addresses safe and healthy working conditions. c. Copeland (Anti-Kickback Act (40 USC 276c) Governs the deductions from paychecks that are allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is entitled, and requires all contractors to submit weekly payrolls and statements of compliance. d. Fair Housing Standards Act of 1938, As Amended (29 USC 201, et.seq~ Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. In accordance with 24 CFR Part 5, CDBG funds may not be used to directly or indirectly employ, award contracts to or otherwise engage the services of any contractor or subrecipient during any period of debarment, suspension or placement of ineligibility status. Grantees should check all contractors, subcontractors, lower tier contractors and subrecipients against the Federal publication that lists debarred, suspended and ineligible contractors. See Internet site at http://www.arnet.gov/epls/. 4. PROCUREMENT The procurement standards of 24 CFR 85.36 apply. 5. CONFLICT-OF-INTEREST For the procurement of property and services, the conflict-of-interest provisions at 24 CFR 85.36 and 24 CFR 84.42 apply. This requires the city to maintain written standards governing the performance of their employees engaged in awarding and administering contracts. At a minimum, these standards must: a. Require that no employee, officer, agent of the city or its sub-recipient shall participate in the selection, award or administration of a contract supported by CDBG if a conflict-of-interest, either real or apparent, would be involved; b. Require that grantee or sub-recipient employees, officers and agents not accept gratuities, favors or anything of monetary value from contractors potential contractors or parties to sub-agreements; and c. Stipulate provisions for penalties, sanctions or other disciplinary actions for violations or standards. A conflict would arise when any of the following has a financial or other interest in a firm for award: a. An employee, agent or officer of the grantee or sub-recipient; b. Any member of an employee's, agent's or officer's immediate family; c. An employee's, agent's or officer's partner; or d. An organization that employs or is about to employ an employee, agent or officer of the grantee or sub-recipient. In cases not covered by the above, the CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply. These provisions cover employees, agents, consultants, officers and elected or appointed officials of the city or sub-recipient. The regulations state that no person covered who exercises or has exercised any functions or responsibilities with respect to CDBG activities or who is in a position to participate in decisions or gain inside information: a. May obtain a financial interest or benefit from a CDBG activity; b. Have an interest in any contract, subcontract or agreement for themselves or for persons with business or family ties. This requirement applies to covered persons during their tenure and for one year after leaving the city or sub-recipient entity. Upon written request, exceptions to these provisions maybe granted by HUD on a case- by-case basis only after the city has: a. Disclosed the full nature of the conflict and submitted proof that the disclosure has been made public, and b. Provided a legal opinion from the city stating that there would be no violation of state or law if the exception were granted. 6. ENVIRONMENTAL REVIEW The city is responsible for undertaking environmental reviews in accordance with the Environmental Handbook. The environmental review must be completed before funds are committed. 7. FLOOD INSURANCE Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106) Requires that CDBG funds shall not be provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards unless: a. The community is participating in the National Flood Insurance Program, or it has been less than a year since the community was designated as having special flood hazards; and b. Flood insurance is obtained. 8. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING Projects involving acquisition, rehabilitation or demolition maybe subject to the provisions of the Uniform Relocation Act. Council Agenda: March 23, 2009 11. Consideration to approve a request for a Conditional Use Permit to allow outdoor sales and service for an outdoor volleyball area, zoned B-4, Regional Business. Applicant: River City Extreme. (NAC) A. REFERENCE & BACKGROUND The Planning Commission reviewed this request during their March 10th, 2009 meeting. It was noted by the City Planner during his review that the applicant has added some constraints from their previous application in order to mitigate potential conflicts that had been noted with their 2009 application. These include exclusive indoor sale of food and beverages, a 12' mesh fencing enclosure which prevents any entrance and exit from the exterior court facility, all lighting will be hooded wall pack lighting and will not include pole lighting for the court facility. The applicant also proposed limiting the hours of operation. The Planning Commission heard public testimony regarding the request, including comments from a neighbor adjacent to the property to the west. The neighbor expressed concerns primarily regarding light and noise. He noted that his home's elevation relative to River City Lanes does not allow the fencing and landscaping to shield his property from the potential light and noise from this type of facility. A representative for River City Lanes was present and described the proposed use in greater detail, noting that the facility would potentially include weekend tournament use, The Planning Commission discussed the conditions of Exhibit Z at length in terms of further buffering the adjacent residential neighborhood from potential conflicts. The Exhibit Z conditions included in Council's report reference the Commission's additions for this purpose. Ina 4-0 vote (Commissioner Spartz was absent), the Planning Commission unanimously recommended approval of the Conditional Use Permit. SUMMARY OF PREVIOUS ACTION In May, 2006, River City Extreme submitted a request for Conditional Use Permit for Outdoor Sales and Service, which came before the Planning Commission and City Council in largely the same layout as now proposed. Several neighbors were in attendance to voice concerns over current operations, and the impacts that the proposed outdoor volleyball activity would have on their neighborhood. Among the issues raised by the neighborhood were: Noise (loud voices, profanity, car doors slamming, etc.) from patrons in the parking lot at closing time. Noise (breaking glass, metallic clanging, etc.) from refuse hauling in early morning hours. Traffic (including cut-through traffic exiting the facility, drag racing, etc.) generated by the bowling center and related facilities. Council Agenda: March 23, 2009 • Pedestrian traffic cutting through neighboring residential property. The neighbors suggested that these issues would be intensified with the addition of outdoor volleyball, and including new concerns that would be generated by the volleyball use itself: • Whistles and cheering generated by officials and crowds in the volleyball area (the applicant indicated that they would not be having organized leagues, and as such, would not expect whistles). • Additional noise from outdoor alcoholic beverage consumption in the volleyball area. • Potential for patrons to use exit gates and depart from the volleyball area with alcoholic beverages and consume them in the parking lot. • Lighting impacts from the volleyball use, which are not currently an issue. • Proposed hours of operation (to 11:00 p.m.), suggesting that 9:00 would be better if the use were to be allowed at all (the applicant indicated that he would be comfortable with a 9:00 or 9:30 closing time. The Planning Commission discussed the options for limiting hours and requiring screening nets as conditions that would be necessary to mitigate the potential negatives created by the outdoor use of the site. In the end, the Planning Commission voted 3-2 to recommend denial of the CUP, based on findings that the outdoor use was not compatible with the neighboring residential area due to the probability that additional noise, lights, traffic and other negative impacts of the use would be added to the current problems encountered by the residents. Those voting to consider approval of the permit felt that a trial period would be justified to test whether the concerns would be realized. The City Council denied the request 3-2, based on these same concerns. As with the Planning Commission, those voting for approval favored the business use of the property and believed that the conditions would control negative impacts. CURRENT APPLICATION ANALYSIS River City Extreme is requesting approval of a Conditional Use Permit for outdoor sales and service to allow the construction of an outdoor volleyball court on their site within the Jefferson Commons subdivision. A 70,120 square foot bowling alley and banquet facility was previously approved for the site. A variety of complimentary uses were also proposed within the principal structure, including a pro shop, arcade, bar, full kitchen, office and banquet hall. The site is zoned B-4, Regional Business. The construction of the building was modified to a phased plan, with the construction of the banquet center to be part of phase II. As summarized above, the volleyball and games area was previously requested during the spring of 2008. The Planning Commission found at that time that there were several concerns over lighting, noise, and other impacts on the adjoining neighborhood. Many of the concerns related to existing issues, and the addition of the outdoor facility would make these concerns worse for the neighboring residential area. The City Council denied the request upon noting that once granted, the Conditional Use Permit would be a permanent condition of the site unless terms were violated, leading to a revocation. The applicant is once again proposing the construction of an outdoor volleyball court in the Council Agenda: March 23, 2009 southwest corner of the building, where the future banquet space is proposed. The volleyball court would remain in this area until such time as construction begins on phase II of the building. The proposed area will contain two volleyball courts in a space 7,315 square feet in area. The courts are designed to have four feet in between and are surrounded by a grass perimeter. In the previous application, the applicant had also mentioned an additional area within the fenced portion that would be available for various games on the existing lawn grass. The applicant's current application does not include this use, but this matter should be clarified during the hearing. ANALYSIS Conditional Use Permit. Open or outdoor service is a permitted Conditional Use in the B-4 District, if the use is connected with the principal use and is limited to thirty percent (30%) of the gross floor area of the principal use. The proposed courts will comprise an area equivalent to approximately twelve (12%) percent of the building. The Conditional Use Permit is also subject to the following conditions: ^ Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3 Section 2 G of this ordinance. Comment: No sales area is proposed for the site. The use is instead an outdoor service use. The applicant has previously noted that there will be no outdoor alcohol sales in the area. The applicant has indicated that all actual sales activity, including alcohol sales, will be confined to the building, although plastic beverage service after sale will be allowed into the court area. ^ All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Chapter 3 Section 2H of this ordinance Comment: The applicant is proposing to light the court area with wall pack lighting, currently mounted on the building, or to be added on the existing building walls. A photometric plan for the area had been submitted, indicating readings up to S. 9 footcandles at the perimeter of the court. Many facilities of this type augment lighting for safety and convenience of the participants. Addition of lighting around the perimeter of the facility would shine toward residential areas in violation of the City's ordinances, so the City and applicant should be certain that the current lighting will be adequate if approval is granted. Any additional lighting beyond the noted shielded wallpacks will require an amendment to the Conditional Use Permit, and must be reviewed by the City. If available light becomes an issue, the applicant should consider shortening the hours of operation where natural light will be adequate. ^ Sales area is grassed or surfaced to control dust Council Agenda: March 23, 2009 Comment: As stated above, no sales area is proposed for the site. The use will be surfaced with sand appropriate for a volleyball court. ^ The provisions of Chapter 22 of this ordinance are considered and satisfactorily met Comment: The applicant has followed required protocol as related to application for conditional use permit. Fencing. As opposed to the vinyl coated chain link previously proposed, the applicant is proposing a 12' high mesh netting around the perimeter of the courts. The net material will provide an effective barrier, while not posing as a significant safety risk. Such material has been used for other recreational facilities within the City. Access Control. The applicant has indicated that no exterior access will be provided to the fenced court area. Access into and out of the court will be through the interior doors on the west side of the building (east side of courts). Parking. The minimum parking requirement for bowling alleys is five parking spaces for each lane, plus the required additional spaces for related uses contained within the principal structure, as outlined in the Zoning Ordinance. A total of 473 stalls were approved with the original site plan. The total parking requirement included stalls for the future banquet space, which will be replaced by the volleyball courts in the interim. As such, no additional parking is required for the use. Landscaping. The approved landscaped plan from the previous application illustrates a row of shrubs and a row of deciduous trees screening the court area from the neighboring properties to the west. An opaque vinyl fence has also been installed around the northern perimeter of the site. The existing building will screen the courts from the residential properties to the north. No additional landscaping is proposed as part of the application, not specified by the ordinance. Signage. The applicant has not proposed any additional signage as part of the application. Any additional signage requested for the court area must be approved by the City, and would require an amendment to the CUP. Hours of Operation. The applicant and City officials have previously discussed hours of operation ending between 9:00 and 11:00. The current application suggests a general end to outdoor activities at 9:30, with a "lights out" requirement of 10:00. The applicant had discussed an expected season of spring through September. The City has also discussed variable hours by season, such as during the school year. B. ALTERNATIVE ACTIONS The Planning Commission unanimously recommends alternative 1 below. 1. Motion to approve the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding that the subject use is consistent with the intent of the B- 4District and as noted in the Findings of Fact, and that the conditions of approval have been met, subject to the conditions outlined in Exhibit Z. Council Agenda: March 23, 2009 2. Motion to deny the request for a Conditional Use Permit for open and outdoor sales and service, based on a finding to be made by the Planning Commission. C. STAFF RECOMMENDATION The applicant is proposing a volleyball court facility on the south side of the bowling alley building, facing School Boulevard. This area is where the future banquet facility will be constructed, and the volleyball courts will essentially be an interim use. This report details previous concerns noted by neighboring property owners. While the applicant has sought to remedy or address many of these issues with the current applicant, potential for incompatibility of uses may still exist. However, the application technically complies with the ordinance requirements for Conditional Use Permit within the B-4 District. The proposed use will be screened from neighboring residential properties by the building itself. Additionally, the applicant and City have exceeded ordinance buffering requirements between the residential and commercial use districts. The applicant has also indicated that as part of the approved CUP they intend to restrict lighting, access, and hours of operation in an effort to mitigate negatively impacting adjacent properties. As such, staff recommends approval, subject to the conditions in Exhibit Z. D. SUPPORTING DATA A. Applicant Narrative B. Proposed Court Site Plan C. Site and Landscape Plan D. Site Images E. Lighting Plan F. Fence Detail G. DRAFT Planning Commission Minutes - 03/10/09 Z. Conditions of Approval ~~ Description of Request River city extreme is requesting a special use permit for the construction of a volleyball court to or facility to create outdoor summer activity for those that play volleyball. 1. The court yard will be located on the south side of our building facing school blvd. with our building acting as a screen for the houses on the north side of us. 2. We would like to light this court with some hooded directional lighting .Below our roof line. 3. ®n the west and north sides of the court we will put up retractable netting as to confine play to that area. 4.landscaping outside of court yard is already in place .Due to original building plan. S.No signage is necessary for the courts 6. Survey, site plan, existing conditions, grading, and utility plan. Are already on file from existing building plan. 7. Hours of operation: 4:00 pm to 10:00. pm Monday thru Saturday based on League demand. 8. Alcoholic beverages are served inside our building and can be taken out only in plastic containers. Seating is on the sidewalk only. 9. fencing in the court yard will be 12' high. Mesh barrier netting Thank you for your time and review on this request. • Respectfully Mark Parnell River city extreme. t; e ~ ~y N~ f ~,: --~. ~~ ,~ 'm >: l ___---- ~ tr, _._ ~~ ~ • ~ °= g ~~~ Z ~~~~ ~a~~9 ~~ U ~ Z ~ a' Z W W ~ z W ~ ~ ~ ~ ~~ ~i~e ~ n J 4 ~~~a ~ ~ ~p~~ a a ~ O F a ~~~ g ~ ~ N e~ a r ~ aC O in ~ ul I 7 {- !'.! ~ ^ ~I °I I I I I I I I I I ~ .~ 8g ~ ,~ 11 B~ ~~ 1 ~ t ~~ ~ ~~~g~ ~ a ~~ ~ ~ ~ ~~ ~ q g 3$~ O & ~. ~ O 3 „ ~ O~ ~~ ~ ~~~ ~N~ ~ ~~ ~ ~ ~~ ~~~ ~~ n~ ~,ri~ ~ ~~~ ~ ~~ ~~ ~ ~ ~~ ~ <~ ~ 3~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~~~ ~~ ~ g a ~~ a ~°a~ ~ ~a ~z ~ W ~ ~~~ ~~ ~~ ~~ ~d ~ ~s ~~ ~ ~~~~ ~~~ a~ ~~~ ~ ~ ~a ~ ~ ~~ ~~ o ~~ ~ e ~ ~ ~ ~ d w ~ ~ ~~ ~~ ~~~ ~ ~ ~~ ~ ~s~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~~ ~ •~ ~ ~g ~~~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~g ~ ~ ~ ~o ~ ~ ~4 ~~~ ~ ~ ~~ ~~ ~ ~ ~~ ~ ~ ~ ~ W ~ ~~ ~ ~ ~~~ ~ ~ ~ no ~ ~ ~ ~~ ~~ ~ ~~ ~ ~~ ~ ~e~ ~~ ~ ~~ ~~ 3~~ S~~ ~ ~~ a~ a~~ ~ ~ ~ 5~ ~~~ ~~~ ~~ 3 ~~ ~~~ ~: d ~5 ~~K ~~ ~~ -~~ ~~~ ~ ~ ~~~~~ ~~ ~a ~~k e~~~ ~ ~ ~ ~ ~ ~~ O ~~ ~ ~~ 5 a Y a 9~~~ ~ ~~ ~~ ~ ~bm ~~ ~~~~~~~ ~~ ~ §G~ ~~ ~~~~~, ~~i ~~~~~> ~~ ~~ ~~ ~~ ~~~ ~~ ~~~~ ~ ~ ~ G ~ ~ ~ ~ ~~ ~ ~~e ~~~~~~ ~~ ~ ~° ~ ~~~ o~~ ~~~ ~ ~ o ~ ~ ~ 3G~~8g ~~ 3 ~ ~8 ~~~ ~~. kd~~ ~~Z~~~ ~~~ ~~~ ~~ ~~~ ~s~~~~~ ~ ~~ a~ 3 ~j~ ~ ~~ ~ ~i o~ ~_~~~~$ ~~~ ~~ ..fix ~~_ ~~~~~. 5 ~ o $ ~~~ ~~ a ~03 ~ ~ <~ ~~~ ~~ 3 ~ ~~a ~~<~ ~~ tl~~ ~ ~~ e ~~ ~ ~ `~ ~ ~~~ p 1 ~~~ ~~ ~~._ ~~, dt ls~~M ~ , ~ ~~~! $a~~~~~~~~~~~f~~8~~~~~~~~~~ ~E@6a~ 0 z 4 U y i Q J ~~ .~ 8 6 ~ Y R a~ F $F ~~~a ~ ~ O 1 2 ~~ - ~~ ~ ~ ~ i ~ ~1 ~- ~ ~~ ~~ ~~~ ~a~~~~~€ ia' _ „,. w 0 z -~ z a J a 0 a ~o m .~ v U d O Y/ tC d N 'D d 'O O H V m v r c m a Z Q a a Q U Z Q J Q ~~ '~ pg Pi P B IW 1 i~l E~~ ~~~~i J • \ ``~~ • ~~ ~ 1 j/ ~ro N F • { ~ ~ ~ R n `~ a t n 88Ft ; ~ ~ ~ Oo• N N• h-`• I-'• I1-' J• N• ~• ~ EP N O W / ' ~ ~ ; N 61 00 J 1 .,` N O 1 ~' ~''~, ~ - H Ij ' f O W _ ~-~- N ~ ~ O~ y 00 0~ W ' In ' \-~ ~ ~ . 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JOB NAME ~~®!I~® 1 ~2a GP Flood Series Floodlighting GP3 ~i~edium) ORO ING INFORMATION Cat810g NUlnbt3C: Example: GP3T2~OMAL5 GP 3 SERIES MOUNTING SOURCE VOLTAGE GP-General T-Trunnion iHA'- 5.480V Purpose Sim (IP65 & UL) WATTAGE CWA MH OPTTONS 8-120V-277v Fbod S•2-3I8° tenon LX t- 3-Medium slipfitler (UL} ' MA (250w, 400w) : LX (250w, 400w) PMA (200w, 254w, 320w, 350w, 400w} ACCESSORIES GP3GS =Visor GP3WG =Wire Guard GP3VS = Vandal Shield TECHNICAL INFORMATION 200.200w HX-HPF or See Below 250.250w CWA HPS for 326.320w piNA ~- Oistrihution 35Q•350w HX-HPF Opliens 400.400w Pulse Start MH 13.94' 6.21' (3Si.9mm} I (157.1mm) ~T tI2~' 167' (3(~5mmi (400mm} ` ~L IP65 Rated UL wet Location Ltsted OPTIONS L = Lamped BLANK =Generai Purpose Optics C = Cutoff Optics PCB = Button Photo Control TLR = Twist Lock Receptacle with Shorting Cad TRP = Twist Lock Receptacle with Photo Control FS = Fusing 1394' 621' (353.9mm) I (1577mm) 12.03' (305.5mrn} 19.06' (464.1mm} ~!]3t~4! ~L! SPECIFICATIONS • The GP Flood combines architecri$at design with on-site versatility and is designed for general purpose floodlighting applications • Appf~ations include security, inadwa~ area, accent, facade, recraational fields, flagpole, and sign lighting • Mountilig apt'pns for pales, walls anti. ground/flood are available • Roflecrors include general purpose and autoH optics • Fixtures available with Vunnion (IPfi5 and U L} and sl{pfltter (UL} mounting • IP65 Rated using trunnion mounting k extra protection against water, dust an detxis (ConsuEt factory for fP65 slipfitteroption} • Keyhole sots on trunnion iacl4tate hands-tree mamting • One piece die cast aluminum door wit clear tempered glass lops is hinged tc the die asst aluminum housing for eas maintenance • Extruded silicone rubber gasket for tang life • Integral heat sink ensures cool operation, • ED281ampsformetalhalideandED1~ lamps for high pressure sodium • Lens screws are aaptive stainless stet fasteners • Duraplex f[ dark bronze polyester powder finish is standard and also available In a variety of designer color • Unit can be waned above ar below horizontal • Available with vandal shields, wire • guards and glare shields • Pubtfshed 5-year IimiEed warranty ~r/'P.~~-'~ll~~fis~n f r] • 1-20 GP Flood Series Floodlighting GP3 Medium PRDTOMETRICS 6P3 Cutoff Optics 400w Metal Halide Haunting Height: 25 ft. -45' Lumens: 36000 idEHA: 7H x BU Conversion Data GP3 General Purpose Optics 400w Metal Halide Haunting Height; 25 ft. - 45 Lumens; 36000 NEMA: 6H x 6U Mounting Height Wattage (MH) 20 1.56 250 0.69 25 1 400 1 30 0.69 r vii~.yvuu iv~.w INDUSTRIAL Industrial Nets Safety Nets Truck Nets INSTALLATIdN Installation Tips Installation Tools ABOUT NETTING About Netting F.A.Q Borders nttp:i/ www.seamar,convnets/volt eyball_net.html !_~ ~' '; 4" mesh will stop deer, predatory birds, volleyballs, flying discs, basketballs and footballs! ~ Size 4" #21 __ ~ ~StOCk Number Ciick to Order ~~ ~ Price UPS SHIPPING J~_ ~~ (Continental US) 10'X 10' L------------- ~ NESAPN10102i -----'L---- - I~ $36.57 ' $9.55 - - i --' -~~ ~ ' _ _ ; 10 X 15- - _ ~ NESAPN101521 _ J, $43.15 JI $9.90 L J - 110 X 20 ___ ~.___ -- - _-J~ NESAPN102021 - ~ __ _ r- - __J~$50.23 I $9.90 10'X 25' ~--- _ _--- _~ NESAPN102521 _ r=- :~ ~ $59.82 i $1 9 r 10'X 30' _ -~ NESAPN103021 J~_ -: ~ $71.57 ~~ $13.40 ~ J~ ~L ----- 10'X_35' _ _ --- _ JLNESAPN103521 -- $84.12 ~ $1410 -' 10'X 40'~~ _- ~I NESAPN10402i -- $98.05~ i $14.80 10'X 50' ----_ _ ___ ~ _ NESAPN105021 I $124.82 $16.60 J ~ -- i 10'X 80'---__ -- _ ~ - NESAPN108021 _ -- ~ --- - - $199.36 $19.50 i~ 10'X 100' ~rNESAPN1010021 $241.57 ~ , ~ I I 10 Foot High, 1-3/4" ~ _3/~fe farrier Nets READY TO USE! ~~ e __ 0~3 1Qx10 Ox~ 10x~ 0x1 Oz2 10x~ ~ yf s~ ~ - Pre made panels UP TO 100 FEET ~ I ~..., WIDE. ~ ~ ~ ? ~ 4 ~~ .•.~lif~h E 1-3/4" square mesh nets in a #21 black polyethylene. 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Consideration to approve the Planning Commission minutes of January 6a`, 2009 and the joint Planning Commission and City Council Sign Workshop minutes of January 6~', 2009. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing -Consideration of a request for a Conditional Use Permit for Outdoor Sales & DisplaX as related to an outdoor volleyball facility in a B-4 (Regional Business) District. Applicant: River City Extreme/Parnell, Mark Planner Grittman reviewed the staff report for the request. He began by summarizing the action that had been taken by the City in 2008 related to a similar application made by River City Extreme. Grittman indicated that in May 2006, River City Extreme submitted a request for Conditional Use Permit for Outdoor Sales and Service for an outdoor volleyball facility. During the hearing, several neighbors were in attendance to voice concerns over current operations, and the impacts that the proposed outdoor volleyball activity would have on their neighborhood, including noise, traffic and lighting. At that time, the Planning Commission recommended denial and City Council ultimately denied the request based on the potential for conflict with the surrounding neighborhood. Currently, Grittman reported that River City Extreme is again requesting approval of a Conditional Use Permit for outdoor sales and service to allow the construction of an outdoor volleyball court on their site within the Jefferson Commons subdivision. The volleyball court would remain in this area until such time as construction begins on phase II of the building. Grittman indicated that the proposed area would contain two volleyball courts in a space 7,315 square feet in area. The courts are designed to have four feet in between and are surrounded by a grass perimeter. • • • • Grittman explained that open or outdoor service is a permitted Conditional Use in the B-4 District, if the use is connected with the principal use and is limited to thirty percent (30%) of the gross floor area of the principal use. Grittman stated that the applicant meets the conditions required by ordinance. No sales area is proposed for the site. The use is instead an outdoor service use. The applicant has previously noted that there will be no outdoor alcohol sales in the area. Grittman noted that the applicant has indicated that all actual sales activity, including alcohol sales, will be confined to the building, although plastic beverage service after sale will be allowed into the court area. The applicant is proposing to light the court area with wall pack lighting, currently mounted on the building, or to be added on the existing building walls. Any additional lighting beyond the noted shielded wallpacks will require an amendment to the Conditional Use Permit, and must be reviewed by the City. If available light becomes an issue, the applicant should consider shortening the hours of operation where natural light will be adequate. Grittman commented that the use will be surfaced with sand appropriate for a volleyball court. The applicant has followed required protocol as related to application for conditional use permit. Grittman noted that as opposed to the vinyl coated chain link previously proposed, the applicant is proposing a 12' high mesh netting around the perimeter of the courts. The net material will provide an effective barrier, while not posing as a significant safety risk. • Such material has been used for other recreational facilities within the City. The applicant has indicated that no exterior access will be provided to the fenced court area. Access into and out of the court will be through the interior doors on the west side of the building (east side of courts). All parking and landscaping requirements have been met. In terms of hours of operation, Grittman stated that the current application suggests a general end to outdoor activities at 9:30, with a "lights out" requirement of 10:00. The applicant had discussed an expected season of spring through September. The City has also discussed variable hours by season, such as during the school year. Grittman reviewed the conditions approval as listed in Exhibit Z and then recommended staff approval of a request, citing the application as consistent with ordinance standards and the applicant's intent to mitigate potential conflicts under the assigned conditions. Commissioner Voight clarified that the applicant is not changing the lighting currently on the building. Grittman stated that is correct. If they do, it will be wall pack lighting as outlined by the conditions. Voight noted that the Commission was divided on the previous application, but had discussed a trial permit. Grittman clarified that a Conditional Use Permit runs with the land. The City cannot list a termination date. If the applicant complies with the terms, the permit continues. However, if they violate the . conditions in Exhibit Z or the basic zoning conditions, then the City can consider enforcement or revocation. Voight asked for clarification of hours of operation. It was confirmed that they requested a start time of 4:00 PM. Commissioner Gabler inquired what the difference between an interim and conditional use permit is. Grittman stated that an interim use permit is a specific class of permit that • would be listed for a specific use within the code. An interim use permit does not currently exist for this type of purpose. The City can limit the hours of operation but cannot limit the term of the CUP. Gabler asked if the City could prohibit parking on the west side of the building as part of the permit. Grittman indicated that the Commission could, but would likely want to talk with the applicants about employee parking to minimize traffic. Gabler asked if the City can do random checks to make sure of compliance. Grittman stated that the City can set up a one-year review period for a formal compliance check. Chairman Dragsten indicated that he was uncertain about the type of fencing proposed. Grittman indicated that the mesh product will be used for screening and fencing purposes. This can be discussed further with the applicant. Chairman Dragsten opened the public hearing. Sean Fogerty, 3608 Redford Lane, addressed the Commission. Fogerty illustrated his property on the northwest side of the River City Lane facility. Fogerty pointed out that much seemed to be the same as the last application. He commented that he enjoys the facility and that they run a nice facility. He explained his concerns are about what River City can't control outside. Fogerty stated that when his family is outside, they can hear normal conversation outside the facility. The issue is not the lighting. He explained that the elevation of his home sits above the level of the fencing. From their home, he • believes they will see and hear this activity. Fogerty noted that there are a lot of young families adjacent to this facility. Fogerty commented that his children go to sleep by 8:00 PM. The 9:30 end time presents a conflict to that time due to the possible light and noise coming from the facility. He inquired if it is possible to have a noise survey completed. While this could be reviewed in a year, there is nothing in the permit that prevents the noise problem. Fogerty stated that he understands that this proposal meets the technical requirements of the ordinance, but this request has the potential to impact the surrounding neighborhood. Fogerty stated that the noise is the biggest issue and asked the Commission to recommend denial of the request. Dan Lemm, 11380 Cameron Avenue NE, asked the Commission if this were a public park, if this would be an issue. The volleyball facility would just be constructed. Lemm also suggested an 8' dirt berm to buffer the noise factor. Craig Walter, a co-owner of River City Extreme, spoke to the Commission on behalf of River City Extreme. He clarified that the is not currently is no parking on the west side, it is just a drive aisle. The parking is illustrated for the phase 2 banquet facility. He stated that there will be a pole and cabling to secure the netting, prohibiting traffic in and out of the court facility, except for through the interior building door. In terms of the noise, Walters stated that he understands the concern. However, he noted that this is part • of a community having different activities within a neighborhood. Walters referenced days and hours, suggesting that they be expanded to 5 PM - l OPM for weekdays, but should also include noon to 10 PM to allow for weekend play. • ' Hilgart inquired whether anyone was familiar with Hawk s hours. Gabler responded that their last game is at 9:30 and the first is at 5:00 or 6:00. Gabler asked what days they are thinking of operating. Walters stated that at this point, they have not yet set a schedule, they are looking to get through this approval first. Walters stated that during the week, the first game wouldn't start unti15:00, with things wrapping up by 10:00. Gabler stated that based on the number of leagues, they should be able to limit weekday hours and times to help work with the neighborhood. Hilgart inquired when the play would start in the spring. Walters stated that depending on weather late April, early May, perhaps a spring, summer and fall league. Dragsten asked how far into fall the leagues would run. Walters responded that these types of leagues tend to wrap up into September, weather and interest permitting. Voight commented that he would not seek to limit days of operation, but would like to start from 9:00 AM until lights out perhaps in conjunction with school hours. Walters indicated that his concern would be with keeping consistency with hours in league play. Voight stated that he is fine with the 9:30 end of play and 10:001ights out, but would recommend extending play earlier. Dragsten inquired if they would run Saturday and Sunday. Walters stated that it would • depend on interest in tournament play. Dragsten asked if there was any interest if the Commission limited play to a certain number of days, they could set the days. Walters stated that could be a possibility. Dragsten inquired if ending play at 9:00 would be an option. Walters stated that would push the allowance for three games; they would prefer the 9:30. Dragsten stated his concern is getting the activity wrapped up by 10:00 PM. Dragsten asked how River City would prevent people from leaving the court facility through the mesh netting. Walters clarified that the netting would be secured to the ground to prevent that occurrence. He noted that with league players familiar with the court rules, it shouldn't be a problem. Chairman Dragsten closed the public hearing no further comments. Gabler asked if a condition could be added related to complaints. Dragsten responded that instead the Commission could add a condition related to a formal review. He also noted that River City has tried to work with the neighborhood to resolve issues since the last application. Dragsten stated that it could be reviewed at the end of the season. Grittman confirmed. Dragsten stated that the biggest concern is the noise. Schumann commented that the City does have a noise ordinance. The Wright County Sheriff is also responsive to complaints about noise. Schumann stated that the applicant is responsible like any other entity to comply with the ordinance. • Voight stated that he would recommend leaving the end time, but pushing start time to 9:00 AM to give the applicant some flexibility. Hilgart indicated that he thought the end time was as late as it should be, but perhaps • should be earlier during the school year weekdays. However, he is okay with it as proposed. Gabler agreed. Gabler stated that she would like to limit the number of days of play. Voight stated that he does not agree with that idea. Hilgart stated that if approved, it should be approved for play on all days. Hilgart asked if the applicant is required to put up the netting to comply with ordinance. Grittman clarified that they meet the ordinance requirements for buffering due to existing landscaping and fencing. The screening provided by the netting further supports visual screening and also containing the activity. The building also serves as a major visual barrier to the north and east. Hilgart inquired if it would be better to have a solid fence for noise purposes. Grittman responded that it would provide more audible screening. However, the elevation of surrounding homes may make a 6' fence ineffective, as well. Walters indicated that River City would prefer to stay with the netting over a solid fence for a variety of reasons. The Commissioners briefly discussed whether the City should limit the days of play in the conditions established. MOTION BY COMMISSIONER VOIGHT TO APPROVE THE CONDITIONAL USE • PERMIT AS PRESENTED WITH CONDITIONS AS NOTED IN EXHIBIT Z AS AMENDED BELOW: 1. All outdoor service activity will occur within an enclosed (fenced) area. 2. The hours of operation shall be limited to Noon (12:00 PM) to 10:00 PM, with a general end to activities around 9:30, and lights out by 10:00 PM. 3. Upon construction of Phase II of the principal building, the volleyball court use shall no longer be permitted. 4. Any additional lighting or signage to accommodate the volleyball use shall require an amendment to the Conditional Use Permit. Alternative hours should be considered if the current/natural light proves to be inadequate. 5. A building permit shall be required for any fence in excess of six feet in height. 6. The applicant is to comply with the stated limitations on access and outdoor sales and service as specified within the staff report of 3/10/09. 7. Applicant is to comply with the City's codes related to noise. (Condition added by t/:e Planning Commission) 8. The Conditional Use Permit is to be reviewed by the City for compliance in November, 2009. • (Condition added by the Planning Commission) MOTION SECONED BY COMMISSIONER HILGART. MOTION CARRIED, 4-0. r~ • • Council Agenda: March 23, 2009 DRAFT FINDINGS OF FACT FOR APPROVAL • 1. The proposed use, pursuant to the conditions attached to the CUP approval, would be in compliance with the terms of the Zoning Ordinance related to Outdoor Sales and Service in the B-4 Zoning District. 2. The limitation on hours is necessary to protect the residential character of the neighboring properties due to lights and noise. 3. Due to the orientation of the building, and the location of the existing lighting, no direct light will impact the adjoining residential neighborhood. 4. There will be no outdoor sales or service of alcoholic beverages in the outdoor area, permitting the applicant to manage the impact of alcohol consumption in the subject area. 5. All activity will occur within an enclosed (fenced) area which will minimize the impact of patrons wandering into the areas that are more exposed to the neighboring property. 6. The facility has adequate parking to facilitate the new activity. 7. Adequate screening exists between the subject site and the neighboring property to accommodate the outdoor use. EXHIBIT Z: CONDITIONS OF APPROVAL River City Extreme 1. All outdoor service activity will occur within an enclosed (fenced) area. 2. The hours of operation shall be limited to Noon (12:00 PM) to 10:00 PM, with a general end to activities around 9:30, and lights out by 10:00 PM. 3. Upon construction of Phase II of the principal building, the volleyball court use shall no longer be permitted. 4. Any additional lighting or signage to accommodate the volleyball use shall require an amendment to the Conditional Use Permit. Alternative hours should be considered if the current/natural light proves to be inadequate. 5. A building permit shall be required for any fence in excess of six feet in height. 6. The applicant is to comply with the stated limitations on access and outdoor sales and service as specified within the staff report of 3/10/09. 7. Applicant is to comply with the City's codes related to noise. (Condition added by the Planning Commission) • 8. The Conditional Use Permit is to be reviewed by the City for compliance in November, 2009. (Condition added by the Planning Commission) City Council 3.23.09 12. Consider entering into a Listing Agreement with a commercial broker for the city owned land located in the Monticello Business Center: A. REFERENCE AND BACKGROUND: The City owned industrial park, Monticello Business Center, contains approximately 30.5 buildable acres available for future development. In the past, City Staff has been charged with marketing the property. However, due lack of leads and the change in the economy, discussions have occurred by the Marketing Committee and the EDA to consider entering into a listing agreement with a qualified commercial broker. It is the Marketing Committee's opinion that at this point in time; the City should explore a variety of marketing venues that will result in as much exposure as possible to commercial brokers and potential industrial/commercial end users. The committee directed staff to contact several commercial brokers and set up "interview" meetings with these brokers. Staff contacted Northmarq, NAI Welsh, Nelson Realty, and CB Richard Ellis. These commercials brokers, with the exception of Nelson Realty, declined to participate. The brokers stated at this time they already have a diverse number of land listings and need to focus on their current inventory. Nelson Realty was interviewed by the Marketing Committee. Nelson Construction, which is associated with Nelson Realty, has completed several construction jobs within the City. Staff is of the opinion that Nelson Realty appears to have a good pulse on the community. City Staff and Andy Larson, with Nelson Realty, have worked in great coordination to draft a fair and reasonable Listing Agreement. The Marketing Committee recommended that the EDA approve and recommend that the City Council enter into a listing agreement with Nelson Realty. The EDA reviewed the proposed listing agreement between the City of Monticello and Nelson Realty at their March 11, 2009 regular meeting. The EDA recommended including a "transaction fee" within the agreement. This fee would cover situations where the City decided to sell the land at zero cost in order to attract a certain business. The EDA understood that the commercial broker in all fairness should still receive some type of compensation for marketing the property, attracting the business, and completing all required paper work. Staff and Nelson Realty believe that $5,000 is a fair and reasonable transaction fee. Subsequent to discussions with Nelson realty, staff received a letter from Wayne Elam, who is a commercial broker for Vantage Point, on Tuesday, March 17, 2009. The letter is formally requesting the City consider listing the city owned industrial land with Vantage Point Realty and includes a proposed listing agreement. Staff would like to note that considerable time was spent between City staff and Mr. Larson from Nelson Realty to craft an agreement that provides for reasonable commission rates, fair terms, flexibility, and a basic marketing outline. Mr. Elam's proposed listing agreement does not exactly match the language included in the proposed listing agreement with Nelson Realty. However, in verbal conversations with Wayne, he stated Vantage Point will match any terms included in the proposed listing agreement with Nelson Realty. B. ALTERNATIVE ACTIONS: 1. Motion to approve entering into a Listing Agreement with Nelson Realty. 2. Motion to approve entering into a Listing Agreement with Vantage Point. 3. Motion to deny entering into a Listing Agreement with a commercial broker and direct City Staff to continue to market city owned land. 4. Table action and direct staff to complete more research and/or allow Vantage Point to present their assets to the EDA. C. STAFF RECOMMENDATION: The Marketing Committee, which consists of members from the IEDC and EDA, and the EDA recommend the City enter into a Listing Agreement with a commercial broker. These two advisory groups believe that at this point in time the more exposure city owned land has to commercial brokers and potential end users the better. Typically commercial brokers are heavily involved in related network groups and associations and they are able to include the land listings within the MN property exchange system (i.e. MLS). Staff conquers with the EDA and Marketing Committee's recommendation to enter into a Listing Agreement with a commercial broker. In deciding how to proceed the City Council should take the following information into consideration: 1. First and foremost does the City Council believe it is in the best interest to list City owned industrial land with a commercial broker. 2. If the answer is yes, the City Council should be aware of the following: a. Staff has been working in close coordination with Nelson Realty for the past several months to present to the City Council a fair and reasonable Listing Agreement. Nelson Realty stepped up to the plate when other brokers were approached and politely declined to work with the City. Andy Larson, from Nelson Realty, has shown great flexibility, along with developing a positive and enthusiastic working relationship with City Staff. Andy Larson took time to attend the EDA meeting to answer any questions raised by the EDA. Nelson Realty also holds the listing for the property immediately adjacent to the City's business center. This will allow for joint marketing ventures. 2 Andy Larson is involved in several related commercial network associations. It could be stated that Nelson Realty deserves the listing due to this history. b. The City Council should also take into consideration Mr. Elam's request. Mr. Elam has completed several real estate transactions within Monticello and therefore knows the community first hand. Wayne is involved in many associations (see attached letter) that provide him direct access and face to face contact with many business leaders. Although, hard to quantify, one could assert that Elam may have deeper connections and thus provide the City a better chance for successful development within the business park. Staff is requesting that the City Council provide direction as to which broker City Staff should continue to work with and enter into a one year Listing Agreement based on the information presented. Staff does not recommend tabling this item although it is listed as one of the alternative actions. Staff believes that the quicker the City can include land within the commercial broker database the ultimate goal of more exposure will be achieved. This exposure could lead to potential construction projects for 2009. D. ATTACHMENTS: 1. Proposed Listing Agreement between Nelson Realty and the City of Monticello 2. Letter from Wayne Elam. 3. Proposed Listing Agreement from Wayne Elam. 3 LISTING AGREEMENT THIS AGREEMENT is made and entered into this 24th day of March, 2009 by and between CITY OF MONTICELLO. (hereinafter referred to as "Owner"), and NELSON REALTY & DEVELOPMENT, LLC., a Minnesota limited liability company (hereinafter referred to as "Agent"). WITNESSETH: WHEREAS, Owner is the fee simple owner of a property located at Section 10, Township 121, Range - 025 Otter Creek Crossing 3`~ Addition Outlots A, B, C, & E (Approximately 43 Acres Combined), County of Wright, State of Minnesota, (the "Property"), The aforesaid land is hereinafter sometimes referred to as the "Subject Property". Refer to Attached "Exhibit B" 2-page Property Survey. WHEREAS, the parties hereto desire to enter into an agreement whereby Owner appoints Agent as Owner's sole and exclusive agent to sell the Property subject to and in accordance with the terms, covenants, conditions and agreements herein contained. NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual terms, covenants, conditions and agreements herein contained, the parties hereto agree as follows: 1. Employment of Agent. Owner hereby retains Agent as its sole and exclusive agent to sell the Property upon the conditions and for the term and compensation hereinafter set forth. Nothing herein shall require Owner to execute any purchase agreement. 2. Term of Agency. The term of this Agreement shall commence on the date hereof and shall terminate on the 24th day of March, 2010. Notwithstanding the foregoing, this Agreement maybe terminated in accordance with the provisions of Paragraph 9 hereof. After the 24th day of March, 2010, this agreement may be cancelled by either Agent or Owner upon 30 days written notice by either party. In the event that Andrew Larson the listing Broker's employment contract is terminated with Nelson Realty & Development, LLC the Owner reserves the right to cancel this agreement. 3. Acceptance of A~ency and Duties of Agent. Agent hereby accepts such agency and agrees to perform all services appropriate and necessary for the sale of the Property. (a) Use its best efforts to procure buyers for such the Property and to assist Owner (to the extent requested by Owner) in the negotiation of all purchase agreements for the Property. Agent shall not have the right to sign any purchase agreement or agreement to sell on behalf of Owner or to cancel or amend any purchase agreement on behalf of Owner; and it is expressly understood that all purchase agreements, amendments to purchase agreements, cancellations of purchase agreements, or other agreements in connection therewith, shall be submitted to Owner for Owner's approval and be executed by Owner. (b) At the expense of Agent to maintain an adequate staff sufficient to satisfy the needs of Owner for the sale of the Property. (c) Advertise and promote the sale of the Property by signs and engaging in other appropriate forms of advertising, all of which shall be subject to the mutual agreement of Owner and Agent as to its extent, form and content, and as to the sharing of the cost of such advertising. (d) Employ the services of other brokers in selling the Property and cooperate with other brokers and Owner. Fees paid to other brokers shall be in accordance with the provisions of paragraph 7 hereof. (e) Assist the Owner with economic incentive package analysis and negotiations with buyers. 4. Sale Price. The Sale Price shall be as determined by Owner. The asking sale price for the Property shall be $2.75 dollars per square foot of developable land as defined in attached exhibit C. Buyers shall pay such other charges as are called for by the form of the purchase agreement adopted by Owner. 5. Exclusiveness of Agency. Owner, during the term of this Agreement or any extension thereof, shall not authorize any other person, firm or corporation to negotiate or act as agent with respect to any sale of the Property. Owner will not permit any person, firm or corporation, other than Agent, to have or maintain any "For Sale" signs in or about the Property and will keep Agent informed concerning inquiries for sale by any person, firm or corporation. 6. Forms. Owner reserves the right to adopt, change or amend purchase agreement forms and such other forms as it may deem appropriate or necessary, and Agent shall use such forms only as authorized by Owner. Such forms shall be modified upon the requirement of Owner. 7. Compensation of Agent. Owner shall pay Agent the following compensation for its services: (a) On purchase agreements accepted and executed by Owner during the term of this Agreement and for which a closing occurs, the commission rate shall be: (4%) of the gross sales price (b) In all co-brokerage situations, where a broker or Agent other than Andrew Larson or Cheree Eggen represents the Buyer and the Buyer and Owner -2- execute a purchase agreement and for which a closing occurs, the co- brokerage commission rate shall be: (6%) of the gross sales price The commissions shall be payable in accordance with the provisions of this Paragraph 7. (c) A transaction fee shall be applied in the amount of $5,000, in situations where the City had made a decision to sell the land at a price of zero dollars and Nelson Realty assists the City with required purchase agreements and closing documents. Commissions shall be due and payable at the time of closing, and are not considered earned until closing occurs. (d) Agent shall negotiate all commissions with co-brokers and shall indemnify, defend and hold harmless Owner with respect to any claim in excess of the amounts payable to such co-broker under the provisions of paragraph 7 hereof. Owner agrees to be responsible to Agent for any loss or expense incurred from claims, demands, suits or other legal proceedings which result from any agreement made or alleged to have been made by Owner with a real estate broker or agent that is contrary to the terms of this Agreement. 8. Registration and Proposals for Prospects. Agent shall register all prospective buyers of Agent or a co-broker with Owner and Owner will be copied immediately on all correspondence with prospective buyers. Agent shall register all prospective buyers by informing Owner (i) the name and address of such prospective buyer, and (ii) the proposed terms and sale price. The registration of a prospective buyer shall be contained in the next quarterly report (as described in Paragraph 10 hereof) filed after Agent's first contact with such prospective buyer. 9. Termination. Notwithstanding any other provision of this Agreement, the agreements herein contained shall be terminated and the rights and obligations of the parties hereto shall thereupon cease, and any accounting shall be made by Agent to Owner upon any of the following circumstances or events: (a) Consummation of a bona fide sale of the Property and delivery of possession of the Property to the new owner. (b) Taking under eminent domain or other like proceedings. (c) Agent is adjudged a bankrupt or Agent makes an assignment for the benefit of its creditors or seeks relief from its creditors under any insolvency act. -3- (d) Mutual agreement of Owner and Agent expressed in writing. (e) Expiration of the term without extension or renewal. 10. Post Termination Ri is of Agent. Agent shall have the right to a commission on any purchase agreement negotiated by Owner with a prospective buyer of Agent registered with Owner during the last one hundred eighty (180) days of this Agreement in accordance with Paragraph 8 hereof, provided that such registered prospective buyer enters into a purchase agreement to buy the Property within sixty (60) days after the expiration of the term of this Agreement, and such agreement is accepted and executed by Owner within forty-five (45) days thereafter, and closing occurs. 11. Notices. Notices hereunder shall be valid if mailed by registered or certified mail, postage prepaid, addressed as follows: If to Owner: City of Monticello Megan Barnett, Economic Development Director 505 Walnut Street, Suite 100 Monticello, MN 55362 Ph: 763-271-3208 Fax:763-295-4404 If to Agent: Nelson Realty & Development, LLC. 2 Division Street E. Suite 201 Buffalo, MN 55313 Attn: Andy Larson Ph: 763-682-1818 Fax: 763-682-3053 or to such other address with respect to the party as such party shall notify the other party hereto, in writing, as above provided. 12. Assignment. Agent shall be prohibited from assigning its interest in this Agreement, or any portion thereof, without the written consent of Owner. Owner may assign its interest in this Agreement without the consent of Agent. 13. Entire Agreement. This Agreement represents the entire agreement of the parties hereto, and supersedes all prior agreements, whether written or oral, between them with respect to the subject matters of this Agreement. This Agreement maybe modified or amended only by a subsequent written agreement executed by each of the parties hereto. 14. Advertising and Promotional Expenses. Owner and Agent agree to advertise and promote the Property according to Exhibit A attached hereto and made a part hereof. -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. City of Monticello (Owner) By Its Mayor By Its Economic Development Director NELSON REALTY & DEVELOPEMNT, LLC. (Agent) By Its Andrew Larson. Broker -5- EXHIBIT A ADVERTISING AND PROMOTIONAL EXPENSES Owner and Agent agree that the expenses arising from advertising and marketing promotion will be borne as follows: 1. Advertising. Agent agrees to list the property on the Minnesota Commercial Association of Realtors commercial property exchange database, Wright County Economic Development Partnership web page and the Nelson Building & Development real estate web page at its sole cost and expense. If Owner and Agent agree additional advertising is required the advertising cost will be cost shared between Owner and Agent. 2. Marketing Materials. Agent will develop a one page colored marketing brochure for the Property, such materials shall be approved by Owner prior to printing and distribution or publication. Owner shall provide Agent with property offering package that includes current demographic information, community profile, and property fact sheet. 3. Signage. Agent will display real estate sign on the subject property in compliance with all applicable City Codes. It is anticipated that Agent, Owner, and Edwin Chadwick will enter into a separate sign agreement in order to maximize advertising opportunities. 4. Periodic Mailings. Agent shall send marketing materials on a regular basis to the brokerage community and shall keep the brokerage community informed of available Property and the asking price. 5. Agent shall distribute at its sole cost and expense the marketing materials and accompanying data as necessary. 6. Agent agrees to participate with the Owner in the MNCAR Expo. 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You and I have a good working relationship and I look forward to working with you to find businesses that will grow and expand in the business park and call Monticello home. I believe that whatever firm you select, that it is vitally important that you select an organization that has a strong network. What you are really hiring is their network and their capabilities and capacity of representing the City of Monticello as well as the Monticello Business Park. I am very active within Wright County, the City of Monticello and various trade organizations for Commercial Real Estate. I serve on the Monticello IEDC and I also serve on the IEDC marketing and transportations committees... I am very active with the Wright County Economic Development partnership. I chair that organization and I also serve on their marketing committee. This allows me an advantage of being aware of anyone looking for commercial property in the area. I represent numerous properties for sale or lease in the area from Rogers to St. Cloud. I am diligent about being knowledgeable of companies and businesses that are looking to expand and / or build in Wright County. I am currently the chairperson of the Wright County Community Health Foundation. We are currently analyzing the feasibility of constructing a Hospice House in Wright County. It appears that the Hospice House project will move forward. and we will have the capital campaign kick-off this fall. Sandy Suchi also serves on that board. I belong to the following trade organizations: Minnesota Shopping Centers Association (MSCA), Minnesota Commercial Realtors Association (MNCAR) and the National Association of Industrial and Office Properties (NAIOP). I am active with both the Twin Cities metro and St. Claud Chapters of MNCAR and I serve on the NAIOP legislative committee.. Megan Barnett March 1 ?, 2009 Page Two I have attached a proposed one -year listing agreement. The commission structure is as follows: 1) 4% if sold exclusively by Vantage Point Partners. 2) 6% if there is a cooperating broker, 3% to Vantage Point Partners, the listing broker and 3% to the broker representing the buyer. We will. supply signage and create a brochure for the property which will also be available in pdf format for emailing. The property will be listed on the MN property exchange system, which is the equivalent of the MLS, the Wright County Economic Development Partnership website, MN PRO which is the website for DEED as well as the City of Monticello's website. We will cooperate with the City regarding marketing opportunities. Please contact me if I can be of any assistance or answer any questions. We appreciate the opportunity of working with you and the City to make this project successfuh I will be at the City Council meeting Monday night to answer any questions. Thank You for considering myself and Vantage Point Partners. Sincerely; Vantage Point Par~tnaers Way~~."'"m Executive Vice President _. _ _ ____ COMMERCIAL EXCLUSIVE LISTING AGREEMENT SALE This form approved by the Minnesota Assocation of REALTORS' and the Minnesota Commercial Association of REALTORS®, which disclaims any Ilabilfty arising out of use or misuse of this form. ® 2008 Minnesota Association of REALTORS, Edina, MN 1. Date March 17, 2009 2. Page 1 3. IN CONSIDERATION OF the Agreement of Vantage Point Partners, LLC 4. (hereinafter referred to as "BROKER") to undertake to sell the property hereinafter described, 5 City of Monticello _ (hereinafter referred to as "SELLER") grants to BROKER the exclusive 6. right to sell or contract to sell the property at Monticello Business Park 7. 8. and legally described as Otter Creek Crossing 3rd Addition, Outlots A, B, C & E. 9. 10. (hereinafter referred to as the "PROPERTY") for the period from the date hereof through and including 11. March 31 ~ 20 10 ,for the sum of $3.00 per square foot 12. upon the following terms cash 13. 14. or at any other price, terms or exchange to which SELLER may consent. 15. SELLER understands that BROKER may list other properties during the term of this Agreement which may compete 16. with SELLER'S PROPERTY for potential buyers. 17. SELLER'S OBLIGATIONS 18. It is agreed that SELLER shall promptly furnish BROKER with complete information concerning any person who 19. during the period of this Agreement makes inquiry to SELLER regarding the sale, exchange or lease of the PROPERTY. 20. If the PROPERTY is sold, SELLER hereby agrees to furnish to buyer an Abstract of Title, a Registered Property Abstract 21. or a Title Insurance Commitment, certified to date, to include proper searches covering bankruptcies and state and 22. federal judgments and liens, and to execute or cause to be executed a deed conveying title to the PROPERTY to the 23. buyer and any further documents as may be required to consummate the sale in accordance with the terms above 24. designated or with the terms to which SELLER may hereafter consent. 25. SELLER further agrees to promptly notify BROKER of any notices pertaining to the PROPERTYwhich are hereafter 26. received during the term of this Agreement. 27. It is further agreed that SELLER shall permit BROKER to erect a "For Sale" sign on the PROPERTY and to remove 28. all other "For Sale" signs from the PROPERTY during the period of this Agreement. It is further agreed that SELLER 29. shall permit BROKER to erect a "Sold" sign on the PROPERTY for a period of thirty (30) days following the sale or 30. exchange of the PROPERTY by BROKER. SELLER shall permit BROKER to place information on the Minnesota 31. Commercial Property Exchange (MCPE) and the Internet concerning the PROPERTY. Broker may notify the MCPE 32. and member REALTORS® of the price and terms of the sale. 33. NOTICE: THE COMPENSATION RATE FORTHE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY 34. SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 35. COMPENSATION 36. It is further agreed that SELLER shall pay BROKER a brokerage fee of 4 ~ 6 percent (%) of the price for which 37. the PROPERTY is sold or exchanged; or $ N• A• ,whichever is greater, upon occurrence of any of 38. the following conditions: 39. 1. The sale, contract for sale, exchange or conveyance of the PROPERTY during the period of this Agreement by 40. BROKER or any other person, including, but not limited to, SELLER, or any other agent or broker not a party to this 41. Agreement, in accordance with the price, terms or exchange as set forth herein or as otherwise consented to by 42. SELLER. Broker commissions are 4~ if Vantage Point B~rtners handles MNC:ELAS•1~h sides of the transaction. If there is a cooperating broker nvolved broker fees will be 6~. All commissions are determined from gross sales price prior to any economic incentives. COMMERCIAL EXCLUSIVE LISTING AGREEMENT SALE 43. Address Monticello Business Park 44. Page 2 45. 2. If a buyer is procured, whether by BROKER, SELLER or anyone else, who is ready, willing and able to purchase 46. the PROPERTY at the price and terms set forth above and SELLER refuses to sell. 47 3. If SELLER agrees to sell the PROPERTY before this contract expires, and SELLER refuses to close the sale. 48. 4. If SELLER removes PROPERTY from the market before expiration of this Listing Agreement. 49. 5. If SELLER grants an option to purchase the PROPERTY, SELLER shall compensate BROKER, as provided herein, 50. based on the price paid for the option and for any extensions thereof. This compensation shall be paid upon receipt 51. by SELLER of any such payments. In the event such option is exercised, whether during the term of this Agreement, 52. or within 6 months thereafter, SELLER shall also compensate BROKER on the gross sales price of the 53. PROPERTY in accordance with the provisions herein. 54. Notwithstandingtha foregoing, to the extent that all or part of the price paid for the option or any extension thereof 55. is applied to the sales price of the PROPERTY, then any compensation previously paid by owner to BROKER on 56. account of such option payments shall be credited against the compensation payable to BROKER on account of 57. the exercise of the option. 58. 6. During the term of this Listing Agreement or within ~ 80 days (not to exceed 180 days, except for the purchase 59. or sale of a business in which case it cannot exceed two (2) years) after the expiration of this Listing Agreement: 60. (i) the PROPERTY is acquired by a public authority; (ii) an agreement to acquire the PROPERTY is reached with a 61. public authority; or (iii) a public authority institutes eminent domain/condemnation proceedings to acquire the 62. PROPERTY. 63. 7. SELLER contributes or conveys the PROPERTY or any interest therein to a partnership, joint venture or other 64, business entity during the term of this Agreement in lieu of a sale of the PROPERTY during the term of this 65. Agreement. 66. 8. SELLER is a partnership or other business entity, and an interest in the partnership or other business entity is 67. transferred, whether by merger, outright purchase or otherwise in lieu of sale of the PROPERTY during the term 68. of this Agreement. 69. 9. If within 180 days (not to exceed 180 days, except for the purchase or sale of a business in which case 70. it cannot exceed two (2) years) after the end of this Agreement, SELLER sells or agrees to sell the PROPERTY to 71. anyone who has made an affirmative showing of interest in the PROPERTY by responding to an advertisement 72. or by contacting the BROKER or salesperson involved or has been physically shown the PROPERTY by the 73. BROKER or salesperson. It is understood that BROKER shall not seek to enforce collection of a compensation 74. under this subparagraph nine (9) unless the name of the prospect is on a written list given to SELLER within 72 75. hours after expiration of this Listing Agreement. 76. SELLER further agrees that in the event a lease of the PROPERTY is entered into (a) during the term of this Listing 77. Agreement, or (b) during the period set forth in subparagraph nine (9) above with a person or entity as described 78. therein, then SELLER shall pay BROKER a leasing commission of 5% ,which shall 79. be due and payable upon execution of the lease or as otherwise agreed in writing. 80. As security for BROKER's compensation, SELLER hereby grants to BROKER a security interest in the proceeds from 81. the sale or lease of the PROPERTY described herein and any title company or other closer who conducts the closing 82. on the sale or lease of the PROPERTY described herein is directed to disburse the BROKER's compensation provided 83. hereunder to the BROKER at the time of closing. 84. SELLER'S REPRESENTATIONS 85. SELLER has full legal right to sell or lease the Property. 86. SELLER certifies that as of the date of execution of this Agreement, SELLER has not received any notice of building, 87. health or fire code violations, nor notice of.hazardous waste on the PROPERTY, nor notice of condemnation pertaining 88. to the PROPERTY, except as herein noted (if none, state "none"): 89. 90. MNC:ELAS-2 (2/08) COMMERCIAL EXCLUSIVE LISTING AGREEMENT SALE 91. Address Monticello Business Park 92. Page 3 93. CERTIFICATION INDIVIDUALTRANSFEROR 94. Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must 95. be notified in writing, and must withhold tax if the transferor (SELLER) is a foreign person and the sale 96. price exceeds $300,000. In the event transferor (SELLER) is a foreign person and the sale price exceeds 97. $300,000, requirements of the 1980 Foreign Investment in Real Property Tax Act (FIRPTA) will be fulfilled. 98. SELLER states and acknowledges the following: 99. I am a citizen of the United States or, if a corporation, partnership or other business entity, duly incorporated in the 100. United States, or, if a partnership or business entity, formed and governed by the laws of the United States: 101. []/ Yes ^ No 102. If "No," please state country of citizenship, incorporation or the like: 103. Under the penalties of perjury, I declare that I have examined this certification and, to the best of my knowledge and 104. belief, it is true, correct and complete. 105. FORFEITURE OF EARNEST MONEY 106. If a buyer of the PROPERTY defaults and as a result forfeits the earnest money, SELLER shall receive 50 107. percent (%) and BROKER shall receive 50 percent (%) of the earnest money. 108. COOPERATING BROKERS 109. SELLER hereby permits BROKER to share part of BROKER'S compensation with other real estate brokers, including 110. brokers only representing the buyer. 111. CLOSING SERVICES 112. After a purchase agreement for the PROPERTY is signed, arrangements must be made to close the transaction. 113. SELLER understands the SELLER may arrange for a qualified closing agent or attorney to conduct the closing, or 114. SELLER may ask BROKER to arrange for the closing. SELLER understands that SELLER may be required to pay 115. certain closing costs which may effectively reduce the proceeds from the sale. SELLER has indicated his/her/its 116. choice for closing services (initial one). 117. SELLER wishes to have BROKER arrange for closing services. (Seller) (Seller) 118. SELLER shall arrange for closing services. (Seller) (Sefler) 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. MISCELLANEOUS 1. This Agreement is binding upon the heirs, successors and assigns of the parties. 2. All of the representations and covenants of this Agreement shall survive and be enforceable after termination of this Agreement. 3. In the event of any litigation instituted by SELLER or BROKER to enforce the provisions of this Agreement, the prevailing parry shall recover reasonable attorneys' fees, costs and expenses from the other parry. 4. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties relative to the provisions herein. No amendment, modification or extension of this Agreement shall be valid or binding unless made in writing and signed by both SELLER and BROKER, 5. This contract shall be governed by the laws of the State of Minnesota. 129. (SELLER) 130. (Date) 131. MNC:ELAS-3 (2/08) Vantage Point Partners, LLC. (BROKER) By: (Agent) March 17, 2009 (Date) Council Agenda: 3/23/09 13. Consideration of approving additional landscape screening for the WWTP. (B.W., B.P.) A. BACKGROUND INFORMATION: On January 26, 2009 Councilmember Posusta directed City staff to review the existing landscape screening at the Wastewater Treatment Plant (WWTP) to determine whether additional landscape plantings could be used to help screen the buildings. Staff has since reviewed the site and prepared the attached layout showing a total of 24 pine trees that could be planted between the WWTP and Broadway/Hart Boulevard using 20-foot spacing to help screen the buildings. Council will note that there is a gap in the existing and proposed screening where a trunk line currently lies and future utility lines will be installed. This space could be planted with this project but the trees would have to be removed when the future SBR tanks and sewer lines are installed. We have, therefore, left them off the plan. We are proposing to use coniferous versus deciduous trees. Conifers provide better screening year-round, let alone the benefits of not having leaves blowing into the SBR tanks in the fall from deciduous trees. Conifers on the City site consist of Scotch Pine and Balsam Fir, other plantings at the WWTP are a Spruce variety mostly Black Hills Spruce. The spade owned by the city is old and is known to be temperamental with breakdowns, so additional unknown costs may include rental of a unit. If the City Council approves the additional plantings per the attached layout, staff will transplant the 3 pine trees west of the SBR tanks and purchase and plant up to 21 additional pine trees using our shade tree fund. The trees will be purchased locally, or taken from other city property. a. Budget Impact: The cost for purchasing and planting 21 pine trees depending on the size of trees chosen ranges from $2,100 to $5,019, plus additional unknown costs. b. Staff Impact: Impacts to staff will be time of spading & transplanting, 3 days for purchased trees, 4 + days for removal & replanting from City site, including time for locating of utilities. B. ALTERNATIVES: The first alternative is to approve the additional landscape screening for the WWTP per the attached layout. 2. The second alternative is to approve the additional landscape screening for the WWTP per the attached layout with additional landscaping per Council direction. 3. The third alternative is to delay the additional landscape screening for the WWTP at this time. C. STAFF RECOMMENDATION: Staff recommends to use coniferous versus deciduous trees if the full amount of trees are requested. Staff further recommends to plant half of the trees in 2009 and the other half in 2010 due to other workload. D. SUPPORTING DATA: Figure A -Additional landscape screening for WWTP; Price quotes for trees. M N co � t o 1 ✓ y 0 0 U p � wa 4 s - g jp ! rY "a� �TI N$ -': F Y p Y t �ATi4 � SUPPORTING DATA PRICE QUOTE WWTP SCREENING Black Hills Spruce trees from commercial nurseries. Prices do not include tax Fairs - Monticello 61- 8' $100 x 21 = $2,100 8' — 10' $135 x 21 = $29835 Wolcyn Tree farm - Cambridge (Supplier referred by Schillewaert's) 6' — 8' $229 x 21 = $49809 81— 12' $239 x 21= $5,019