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City Council Agenda Packet 04-27-2009AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday Apri127, 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 April 8, 2009 Board of Review 2B Approve minutes of April 13, 2009 Special Meeting -Capital Improvements Program 2C. Approve minutes of April 13, 2009 Regular Meeting 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. a. Public Service announcements, if any Consent Agenda: A. Consideration of ratifying hires and departures MCC. B. Consideration of review and acceptance of first quarter financial reports. C. Consideration of accepting improvements and authorizing final payment for the WWTP Vehicle Storage Building, City Project No. 2007-19C. D. Consideration of approval of resolution for the Redemption of Telecommunications Revenue Bonds. E. Consideration of adopting a resolution to include the City of Monticello within the borders of the Wright County Multi-Jurisdictional Hazard Mitigation Plan. 6. Consideration of items removed from the consent agenda for discussion. 7. Public Hearing -Consideration of a resolution adopting proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. Consideration of adopting Outstanding Citizen Recognition Award. 9. Consideration of approving an amendment of Chapter 3 of the Monticello Zoning Ordinance relating to signs. 10. Consideration of authorizing preparation and submittal of FHWA Interchange Warrant Report. 11. Consideration of authorizing preparation of signal justification report for School Boulevard and Cedar Street intersection. 12. Consideration of replacement of 1987, 4610 Ford ditch mowing tractor. Agenda Monticello City Council Apri127, 2009 Page 2 13. Consideration of replacing the Parks Department Bobcat skid loader. 14. Consideration of authorizing application for High Priority Project (HPP) funding. 15. Approve payment of bills for April. 16. Adjourn b ~D Y: ~C ~O ~D ~O ~D ~O L: O ~ x x ~' W C' W W W C N ~' O O O O O O O O O O O x x N x ~p N N N O r ' O x x J w N O N N O w O v \ \ O O O N N ~O x N .'~ G1 cn In A x ~O ~O A ~ ' ~ O W p, O ~ N O. N D D\ . 1 0 0 ~O ~O A J J J A ~O J -- N ~ O x w w l.n W O .. 'J~ O .. O O \O ~ Vr p ~ O -t A O O O O _ A _ O ~ ~ ^J O b ~ V] "~ ~D ~ ~ x o z a a ~ ~ a ~ ~ W W ~ N "q '~ a' 7 O =~ y G. ~ N w O N N V' "3 (D n » ~ a c~ w ~ cn w x ~o v - ~ C7 ti ~ O w c .... O ~ A O c1 "0 --~ ~' 'l7 O O' V] O O O ~ i A• O ~ v J \O b ~ C .- d .. ••' O' O x ~ ~ N .y G x 00 ~ ~ ~ y y (~ ?~ .. ~ (~ G .. O O ~p ~ ~ n a f+1 p ~ v, p d ~ N (Tq W N n '03 O ~ ' 'O' C ~ .Wi U "~ TS . y J c ~ d ~ ~ to Q` 00 d 'LS ~ ~' 7 ~ . i O' S 7 J O ~ ~ ` i ti 0 ~ ~ r < --~ G 7 O O O ~ 7J W vNi N ~ ~ V"" W N ~ A ~N.+ ~ O r-1 ~ ~ ~ ~ a o' N ~ v, B o, .~ ~ . 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A A A A A A N N N N N N N N N N N N N N N N N N N W W ~ ~~~ w ~~ W W W ~ W W W W W W N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O ~D ~D ~ O O O O ~ ~ ~ O O O O O O O O C ~O ~O ~O ~O ~O ~O ~O ~O O i0 O ~O O 'V O ~O C1 CA 01 ~ G1 p C GA ('~ OA G1 01 CA Dv U CA 01 ("~ G1 (~ 01 (~ N (] •-• U U to S O O O O 'S 0 0 0 0 0 0 0 0 ~ O "J' O ~ N S O Vi In to A A A ~p ~ ~O ~O i0 iD A A A ~P ry ~- ~O `O ~D ~O ~O iD ~D ~D A A A A A A A A ~p X- iD A ry ~. A ry ~- ~ O ~ X- ~• A ~O ~D ~D 00 00 0o V] ~O ~O ~D ~D ~] J J J V] ~O ~O ~O ~O ~D ~O ~D ~O J J J J J ~] J ~] V] ~D V V] ~O A V1 O O V1 ^' In J ~] J O O O (D .O V~ Vi V~ 4t O O O O (D .O Vi lli lr l.h Vt to Vi Vi C O O O O O O O N .O U O f0 .O A O CD ,O O O (D .O N O A A A ~ A A A A ~ A ~A A A A A A A ry A ~ A tCp N ry A N N W " N N N N ~ N W N W N W N W O N ~ N O ~ w OC 00 ~O f : [D l.n U U t~ N N N N (') [D V~ W tr W 4i W Ui W W W W W W ~-' W n C7 Vi W () (D N J C] CJ N O C1 CD W N N N ~o O O O A O O O O O O O O A 0 0 0 0 0 0 0 0 O O O O O O O O A O O A J O W N O W O O W N ... O ~ ~ ~ n ~ ~ ~ ~ x x x x x x m m m m m m ~ c c ~ c o' a a a c. a a w m ~ w w m i a v N (D w CD CD , (D (9 O A 2 z ~JJ ~J A n Z 3 0 0 O C A~ A n S a A •i b w bq v • • b m oa p ~O 00 ~] J J G1 .~. ,1 A W W W N N ~-- ~-- ~ ~' ~ ~ W ~` W ~' w C O O N O O ~O O O w vi 0 0 0 0 w 0 0 O J ~y O O -- O O O .-. N O N .-. ~ N ~- C\ O .-. ~-- ~- O J N N N N O O w C, N N v 1i w N w 1 0 w 0 ~ 0. ~- w 5 G -- J O 0. ~ Oo O p. O A O 0. ~O A G1 ~D .-• a, ~ w N ~ to to to to w oo .-. O U O a` w O O O U O 0o v~ A w U w N J- v, Oo O A Q` J N O ~O 00 ~O J O 00 ~O Vi O .-• oo .. .. 00 .. w ~O -~ A ~D ti U N N w N ~ N w w v i w A ~ ~ ~ ~ ~° ° W ~ k ° ~'~ o ~~~ x ~ ~ x ~ ~ x n O O Go ~ ~ C ~ U C C ~ ~ (7 'F' U .O. k O O ~ ~ x' n ~ ~. n "~ VJ w d. w ~ v, G~ 9 ~ ~ x ~ K W '.' .. C ^ 00 O ~ n CO .. .i.~ O N ("> d 7f r-j p ~ ~ ~ ...j ~ C .'ti X CG ,~ O w ~ .. ~ ~ ~ y ~ ~ ~ o p R `~ (/~ 0. N 'CS o° .~ ~ 5- a~ cn o O w ~. " co ~ O w O ~ h O w .. ~ = A o N O y a d w .. O '_ .. o v~~ V p ~ '3 A 7 p~ O A A N ~ W ~ N C ~ N C`' N p C1. N k n W O ~ 0. X 4\ ' C7 N G. d ~ \ G~ ~ 7C ~ r' ^~ a N A ~ .-. ~ O ~ ~'; ~ ~ ~7 ~ _ C7 ~ ' w w v ~ " ~ ? ~' P ~ v N w p ~ ~ ~ w ~ ~ T ~. ~ . ' w y ~ X Q ~ C ry O ~ J N '~3 f N (D (p E ' ~ °' `° ~ ~ ~; a n ~ ~ - ~ _ a A ~ n ~ ~ a.. ~ ~ w ~ , m x ~ 0o y v O t 'O n. -. ~ w ~ ~ ~ N ~ ~ ~ Q Vv ~ _ p w x ~ w ~' O p ~' O iG , ~ ~ N ~' 'T, ~ Y T.' O G O ~ O ~ ~ m ~ ~ O ~ a y m d 7 0 G w A ro v, v, N A A i ~ x U A J .~ w J Vi N .-• A w ... N ~-- - w .- ~D .P O O C O A A V i l ii O o N 00 J A Oo A ~D J O\ -~- W A 01 J O J N O ~O ~D J J ~ `O V' ~D ~O Cn 0o Oo J T w in A A ~O 0o O A O ~ O it W ~D ~O ~D ~O IJ N W W .-. D\ J V1 N ~] N O A Oo O N ~ ~-- W Oo .r w J O O G1 0\ ~ W J J O~ O O O O O O O O O O O O O O O O O O O O O ? A A A ~A ~A ? A A A A A A A A A ? A A A A N N N N N N N N N N N N N N N N N N N N N W W W W W W W W W W w W W W W W W W W W W N N N N N N N N N N N N N N N N N N N N 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 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 C1 N (~ N ('] N ('~ (~ C\ (~ A ~A A O A A A ~A A A .P A A .A to O A a N ~ N ~ O ~ O ~ O O O ... O O O 0 0 0 0 0 0 0 U .... O A? A A A A A A A A A A A A A A? ry 'OT,' ~ ~A N X Q1 A ~p F ^-' O ry X- '-' 'P N ~' ~O ~O ~O tr ~O ~O ~O ~O ~O ~O ~O ~O ~O ~O ~O to ~O N N N N N N N N N N N N N N 0o N N C/1 Vi V7 cs ~- C/~ O O V] ~O A V] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J O O to N N N N O O A (D O O O -~ 0 0 0 0 0 0 0 0 0 0 0 -- O A A A A A A A~ A A A A ~A A A A A -~ ry J A .O cco ~ A ,.O ry O N -0 ~ O A .L] ~ Vi Vi lh N t/i In In In lli lA In to ll~ lA N N lh ~ N ',~ N ~ ~-` ~ N ~ w w w .-~ W W W w w w w w w w .- .-- w 0 0 O N C O O 0 0 0 0 0 0 0~~ 0 O O ~ O co A O A ~? ~] ~ O C? N O O ~? _ _ O O O O O O O O O O O O O O O O O A O A O A O ~A O ~P 0o J C\ U A n n n n n x x x x x c c c c c a a. a a a w w w m w rn ~ ~ ~ O O z '~ A n n O O C T et 7 d p~ A ra n C 3 S A 0 c o rn rn ~ a c o c c ~ C ~ p ~ N ~ m ~ ~ ~ ~ o ~ ~ ~ ~ ~ , , ~ ~ c o _ A N N N N 0 0 0 0 p, ~~ p, ~O ~O G, O p, J p, w N G O p, O N N N N A A A A A p W W N N O v' ~ O W O N O A oo t O '~ O O O O, ~ C` ~ .-. -. `. .-. -. .. '~ x x .. V w -~ .. .. r y .. ~' .. ~O x x ~7 v x x x J J U ~ ~ J~ to C\ O N p N N N .-. N O N J N D, 1 to to O ~ ^ A w O ~O w ~O . -. A O ~ 7 ~ ~ S v n ~ ~ ~ n o F 'f ^, o ~' ° c ~ ° CO ~~ ~ N N C y O y i -. 1 b ti ~ ~ ~. ~ O n ~ O m ( ti A N r D . .~ ( °+ '° C c 'J Q O ` ~ - ~ O OC ~ O O -1 Tj d QG a `~° m n ~ '-. ~ ~ Cn Vl . 'S W w ~ o ~' 'C3 b V1 ? O -~ co ~ c ~ ~_ ~_ G7 co . `G F Y ~ X y ~ 7' A n n ~ Q ° `+ 0 o co co o ~ o 0 0 ~ (~ ~ ~' a n d v ~ ~ w ~ O w w O ~ ~ ¢ (] .. Y .'~ .. ~ C '27 'LS ~ , .. G ~ 'O N " S °-~ Cn N A~ _ ~ be C n ~ ~ `G c. ~. tl4 < ~ w ,C', y ~ O D p~ ro O ~ O 00 -, 3 ~' O x `~ ~ b ~ C ~ .6 '~ O ~ D ^ G O aq y N Vi \ _ ~ G O ~ ~ b o ~ 0 ~] O J O w ~O ~~ 0 0 ~ I s O O I N O O I O O I 00 N I x~ J I J ~O ~ W O ~O W O N ~- Q\ x -- J C O O J O O O O O O O O O O A A A A A A A A A A O O A A O O A A O ~P O A O O A A O A N N N N N N N N N N N N N N N N N N N W \ W \ \ W W \ \ w W \ \ W w W W W W N N N N N N N N N N N N N N N N N N 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 O O O O O O O O O O Q\ D\ 01 C\ 1 .1 C\ P Q\ U (~ .f .-. ~ O~ O~ (~ N (~ N (7 ~. ,_. ~ N ~ 0 0 0 0 0 0 0 0 0 0 ~ 0 0 ~y O O O- N ~ N ' .-- O O O- N ~ ~D ~O ~O ~O ~D ~ iD ~O ~O ~O A A A A A A A A .A .A O ~-. •- -• A A m A ~ ~ A ~A O X ~ ,A O h- G ~ ~ o ~ -• -. A A O X C\ A ~ ~ ~D ~D ~D ~O ~D v0 ~O ~O ~D ~O J ~] J J J J J J J ~] V] N N N N V1 ~O ~D J J VJ In V] Vi V1 N N N N Cn In C~ to v, in vi ~n vi v~ cr in in ~ O O a ~ ~ O N - O N n O O O N co O O O O O O O O O O A .A A A A A A A A A ,O n O O A A .O A O O A A .D -ry N A .a rn N A .O n O O A A .O ry N A .O ~ W N W N W N N W N W ~ A A O N W N O w N N N ~ W lh W V~ W l..n lr W ~ W w w w .- w A w w --~ w (~ (~ O O to v, CI m t/~ W N w n co N ~ A O O ~ (] n '~ '--' ~O ~O n m "' ~ (7 ~ O O O O O O 0 0 O O 0 0 0 0 0 0 o c o o v, O O o o v, O O o o v, ~O o v. -' o v, ~O '~O o o v, O o A '~, In A w N ~--~ O ~O ~ n ~ ~ ~ ~ ~ x x x x x x x ~- n a n. n. a n. n. .. . .. .. obi m w m w w w ~ ~ ~ rn m ~ ~ O fC z ~I J A n ~~ O O C d A'+ A 1 C 3 S •i .d w as I• I• C ~ C ~ C b C ~~ ~ C A A A A A ..- ..- .-. ~... .-. .... .... .- O C ' ~ ~ n `G O _ O, ~ O, Q` 1 y Q, ~ ~O ~O U ~+ G In N ~ d ? . ~ O ~ ~ ~O ~O V~ ~ A A cn ~ Q Vi l.n A A O O C\ ~ A U U Cn A A A A A A ~ ~ O J O ~ O .""~ C , C J J 01 O '~O J J O O O O O O .. O .. x .. .. .. 00 0o O O b U ~ ~ ~• ~-• ~-• -~ O O O 0 0 0 0 ~O O .. _ N ~] ~ J N N ~O tr ~ ~ a, d, a, J G1 to n w w ~'"~ n ~ C. n d n 9 ~ C1 v X ~' 7C n A P y 4 ~ n y N f~i ~ ~ ~ ~. J O O n ~ ~ Q7 w ~ -~ oa oo c o o 0 ~ -~ 7y ~ td ~ x -~ ~ !r~ x -~ W N ~ ~ -~ O ~ - k a ~ x. O O ~O ~O , ,~ O , ~ O 4' O A O n ~ _ ~ w b ^J 7 a~ ~1 ' w CC _ a~ 0 ~ P~ w 'O O o~ ti .l. z , ~ ~ , n ~ 0 ~ y ~ .. ~ ,~ ~ o ~a .. ~ ~ o` ~ x ~ y x o~ m to w C y x O ~ a a m ~ ~ ar c ~ ~~ ~ A c n ~ '~' K ~ O S ~ ~ ~' b ~ "' S .. p p ' ~' b ~' O N. O O O 'c3 m .-. O O U w D, 'v+ v oo ~O ~O 'W w i.N A .-. v ..- o, U O U ~ ~ N N _W W Q, .-~ .-~ w N l.n _ ~ ~--- W O ~O N A J T O 01 U Cn ~O ~ ~O ~D A N W ~ ~O ~ ~ C\ N N C\ A A O O O O O ~ ~ A A ~ ~D W W N ~ ~O W O ~7 A oo ~~ J ^ G1 In O O O O O O ~' '- N N Q` W Vi W O ~O O ~O O A G1 In 00 00 00 In V~ J A O O A A O A O A O A O O O O A A A A O O O O O O O O O O O O O A A A .A A A A A A A A A A N N N N N N N N N N N N N N N N N N N N N N W 'W W W W W W W W W W W W W W W W W W W W W 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 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 ('~ d\ ~ ~ 01 C\ U C, G~ G\ G~ G1 ~ ~ O O 7 -- 'S O ~ N 5 ~-- ~-- ~- ~- ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 •r A A (p ~. W A ~p ~- .-• A ~p X ~ A N ~ J J ~] J A A .P .A ~p ~.. ~O ~D ~O ~D ~O ~O ~O ~O ~D ~O ~O ~O ~O ~ .A A A A A .P A A A A A A ~O ~O A N V] Q1 W V] W .f V] U !n ~+ ..r .r b ~ \O ~ V] ~O ~O ~O ~O ~O ~O ~D ~O ~O ~O ~O ~O ~O ~] ~] J ~] ~7 J ~] J J J V ~7 J A A O O fC A O - CD .O N to n .O N N N .fl l0 ~O ~O ~D O O O O fD .O V~ Vi V~ Vl V1 Vi U U (I~ lIi lli (h '.n O O O O O O O O O O O O O ~ w ~ ' N ~ A O A A .A A ~ A A A' A A A A A A A A A A w w n - A W ~ N ~ h N N N N w N N w N N N N W 4\ T N N 0 0 N A O~ O () N N A ~ (1 O V~ O N ~O ~O ~O ~O ~~~~ i c N c v i v i v i v i t ii V i v i l ii V i n ~- W W A ~--' W W N A W N W -' O O O O O O O O O O O O O O O G\ O O U ~O O U 0o O U J O O O O U .'1 O C O O O O O O O O O O O n n n n n x x x x x ~ - o . n. n. c. a m ~ w m w i a cn io n io io i• ro w ac 0 'A C A C A G -- C A N N N C 1 C\ ^ ~' -~ ~' N L' ry A N ~ N N ~ A C\ O ~p O O O ~p O ~p O ~ iW 7 O C ~ N C O J J ~ .• 0o C O p O O ~ p ~ p W O p p N N N ~D ~p ~p Oa p A p O N p .. .. .. W .. .. .. .. w .. W W 00 ~p N w _ W ~ W W W N W _ J _ N W J W N N O O Cx N ~ O W ~ A ~O ~ ~ (7 ~ w m ~ ~ ~ ("l C ~ rn oo ~ ~ C7 n ~ C C n 'T.' O ~ ~ X oo C N C X O p' n X ~ tr n C n X H O . i, ~ - ~ H~ n X ° '~ 0 o ~, c n n ~ o ° o o ~ o o. ~ n ~ rn ~ o .j w m w ' °~ °_y ^ ~ ~ ~ (D ° ~ ~ ~ ~ ~ + ~ x 'D < < < o ~ ~ C C ~ o 'a v O C _ _ ~ ~ C 7 ''~ + C O y O O O ~+ a "C ^J 'U ~, ~ m w ~ c ~ a a s F ~ ~ ~ _ _ N .B 00 O O ~ O ~ n ~ t"' n (-] C" ~ ~ ~ ~ C n ~' X ~ T.' :1 ~ '~ G ~ ° a o ~ o c c o m ~ o ~, -n I ~ _ ~ o ~ - ~ ~ A z N r' r 5' ~ ~? A ~ w C y y N ~ ~ fD y C" O . -. G. 0. n c ~ I ~ O ( O O I O A I ~ O, I O O O O 'A I ~~ O ~ I Ow N I N 0 0 o O o 0 0 0 0 0 0 o C A A ~ A A A A A ~ A A A A N N N N N N N N N N N N N 'W W W W W W W W W W W W W N N N N N N N N N N N N N O O O O 0 0 0 0 0 0 0 O O O ~ O ~ O ~ O ~ 0 0 0 0 ~ ~ ~ ~ 0 0 0 ~ ~ ~ O b O ~ N ("~ D, n N ('~ --~ ('~ N N N N (~ C1 CT C\ (~ N ('~ ('~ ~ O ~y N ? O C- N N N N ~ O O O 7 N 7 O ~ C\ A ~ N X. N A ~ ry jr O .A ~ ry X. -- A ~- ry X O\ C\ C\ G\ ? A A A v vi tn lr ry ~ ~ b \O A A A ~ ~ ~ N X n. A u ry ~ °-~ A ~ C ~ N N (/) lD ..q A 00 O V] N ..C N N V] (D .0 ~D A O V] (D O . - . - . -. . - N N N N N N N N V1 f0 .C ~] J J lIi lIi V~ O O A V] CD .C N J V] (D .G7 N A O V] n .C w c=o A ~ A ry A ry ~~ A A ~ ? A A A A ~ A co ' C A C W ~ W p N w N N ,n N N N N C w a ...> ° N w J ~ (D w .-• n (D -- ~O ~ CD O In O O ~O C, ~ ~ n N is to .-• to A ~O ii N ~--~ J ~ N C\ ~C ~ (n O O .. ~ O O .. ~ O O .. O O .. J ^ ~O O \O ~O O O O O O O ~O O O O .. -, O .. ~ O .. Q, ~ v i A w N ~ n ~ ~ ~ ~ ~ ~ x x x x x x x x c c o- c o- c c c a s a a n. n. a a. a w w w w m m w w co co co cu co ~ m ~ O 2 z ~I J v ~o' O 7 O C C ~I J C d A'+ A n 1 C A A •i ro 00 I• I• i• ~' W W WW C ~ C D G ~ ~ ~ C ~ ~ N N ~ N (D _. U U (~ ~ ry '7 N ~. _. ~. f7 ~ n O O ~ W N to d a 1 O O Y 6 '? 7 ~ ~ .. O O `D 'V O o0 W p O p N . ~O D\ N d p 0. C `: d p W W W w W W d o d ~ ~ y C7, o ~ , p .. ~ N w ~ ?~ .. ~ .. .. 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A ro w as c N b n O T n b ti O O M C C a 0 0 A N N N 0 N W b 'b w as p O ~ J C' N N ~ N ~ A C U U U U U U U U U U U U U J ~' ~p w ~p ~D ~D ~p ~) ry C ~ J J J J J J J J J J J J ry p A O O N J p N N N N N N N N N N p A. 0. 0. 0. , N N N ] J J ~] J J J J J J J J 1 , A ~ A O N N O ~ O •• O ~ ~ W W W W W W W W W W W W W O ~ .. N .. A W .. .. .. W W W .W... r r .W-. W W W .W+ ~ r p v, cn to U U U U to v. cn U in v, o -- -- -- - ~oooooo~ooooo W w A ~ O O W GO 00 00 00 GO GO 00 00 00 00 'JO 00 GO ' ~ ~O J J U N J ~O ~ ~ ~ ~ b V' ~O ~D ~O ~C ~O v U w C1 ~ O C7 > a O (~ ~ O (~ o z ~ ~ w : ~ ~ ~ cZ s ^ fD ~ CZ n ''~' .'3 O n .""i ~ O ~ ~ , . . W W W W W W W W W W W W W , k n C X ~ ~ y y ~ x n J ( N x p. ? ~ A A? ~A A A ~A A? A A A A :P. 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A A A A A ? ~ A 'T' U V7 W .-• Cn U W V1 W •- VI U ` V] \D \p ~D U U W W W W N N N '--' J A A ~' N -- ~' ~] A N U (/] N p N O N N N ~- O N O U ~D A N O N ~--~ ~-- O O O N tc J .O v .O N J .O O .O N .O A O O N -- O U -- O O O O O A A cCO A coo ? A ry A ~ A ~ A A~ A A A A A A ~A A A A cCp N W W n N A ~ W W W W W W W W W W W W W ~ U A_ r to U N n co ~. ~D ~O O O O O ~ ~ (~ p O A A n p N N N N N N N N N N N N N •.• -- -. •~ O O O O O O O O O O O O O (~ p O GO O Oo O O GO O J O J 0 0 0 O O O O O O O O 0 0 J N --~ O ~D oo J x x .~ x x .~. O' C O" C O' p' a. a n. n. a a ~ w ~n w w w m ~ m ~ ~ rn ~ 3 A z v fL 'S ..J O C 7 d W ti a n `L C S `S Z A i• w i• I• i• W W W N N N N N N N N N N N N N N ~ A ~' ~0 00 ~' oo Go ~' A A A J J J J ~] J J J J J J J J ~] N N J J O C O A A A A A A A A w W w IN IN W ~ O y .J-. ~ N N N N .-. ~- ~- ~ ~ W 00 00 00 lh In V I O d ~~ p. ~' ~' d ~ n N N N N J J W W W ~ w w w ~p ~O ~p ~p A A A A ~D ~D N N ~ ~p ~ A A O O A W N ~--~ ~- O O N N ~- .-~ O O O O ~OJ '' A? '' z Z A A N a, v tNii w A X S C ~ S " ' n -~i n .d ~ ~ o n o ~ m ~ • ~ .. ~ ~ .. Re y v, y ~ ~ o n m n ~ O `- w C~ G^, A ~ C7 c ~ 0 O' ~ ^. ~ x v o n ~ n yt- rn m ~ ~ m o ~ .. ~ ~ .. ~ C ~ o ~ n C") y O ~ 0 0 O A O y C\ C O O ~p JO 00 ~ ~ ~ d C '~Ni b () ~: n ~ ~ ~ ~ ~ o ^~=' n N '- '-' N '-' "' -- ~ ~ ~O IJ A A o0 0o w w Q, in AA N O W ~- J G~ 1 N ~ ... ~ W 0a W ~O N A C Ow Q\ U N w N in N A O D\ A -- ~- N ~- w w D\ N x O, a\ oo .- G1 A co p~ N A oo w Oo ~-- N O ~-- to a, W .- ~ A O~ ~-- `-. N A O O ^-` ~O N ~ O W J O ~] N J T ~-- O J O Oo 0o a\ b N O O O A Oo J O O ~ w to W O~ ~ O to 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 A A A A A~ A A A A A A A A A A A .P A A A A A A N N N N N N N N N N N N N N N N N N N N N N N N W W W W W W w W W W W W W w W W W N N N N N N N N N N N N N N N N N W N \ W N N W W N N ~~ N 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 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 v, ~. o o ~ c o w o o ~ A A~ A A A .A A A A A A A A A A A X A ~. A A X A? ~ A A j ~D ~O ~D ~D ~D ~D ~O ~O ~O ~D ~D ~O ~D ~O ~O ~O v7 ~O ~OV N N ~O ~O r J ~] J J J J J ~] J J J ~] ~] J J J J lh Vt Vt to V~ l/~ In lli cn U U Vi 4i to vi l.A to V7 (D O ~-• !l1 (D V J In Vi V] CD A A O O V] fD J J Vt to V1 (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .O O .O O O A O O A O O .O A A A A A A A ? A ? A A A A A A A ry ~ ~ A ? ~ A A ~ A A ~ N N N N W N W N W N w N W N W N W C w ~ N W N N ~ N w ,~ Vi (.Ii V~ ll~ W l.h W V~ W Vi W th W lli W V~ W w w A w w w w~ w w w w w .-~ w n to .- (: co U W w w c~i _ .~- ~ m w w 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 O O O O O C O O 0o O O 0o O O O O 0o ~- O O Oo O O O O ~ J ~ w A w n n n n n x x x x x a a a a a m ~ v w m ~ i a y (D N (4 (p (D f9 .7 t O n' z C 0 O C 7 .~ "~ `< 3 C A+ m a C Z /~ -~ a ro w ao b n n C' n "y O O M r o' O A N O O N w ~ b `. C ._. .f C W ~' N ~' ~p `' GO C W W W W W W W W ~ ~ N N W A A ~ O ~ ~ =~ ~ ~ N ~ O O C O 0 0 0 0 0 0 l n V i d O ~ p J J J J J J J J A d .-. w w U A A W W ~O A- A O U ~ p, oo ~ . _ O J J N N N N N N Vi p W N ?~ T A p O n O Go O ti ~ a` A A A A A w ~~ ~~ ~~ ~ " w w A W N O `O 0 0 0 0 0 O O O O O A N ~ J O ? ~ N W o w .. .~. ° ~, O O ^J O O N °. ~' m T.' ~ o s~ .. m ~ ~ R° ~ ~ ~' ~, ~ c w :. -~ c -' d ~ '~ O < C n ro C 6 _' ~ C 0. n o m .. ° ~ ~ c ~ fp ~ y C R. 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" y ~ n o m n r* cn x o ~ y Q. g .~ rn . ~ ~, n O ~ A ~ n n ~ ~ j d ~ m ~ tlC ~ < ~ ~, N ._. ~ `D .Ni ~ ~ O ~ o w ~ n . ~ ~ 0 N N O .7 ~ C ."+ C) O •°,' a as 'c ~ ~ - ~ In .-. ~O ao W w ~ ~ ~. .• N ~-. ~D O O 0a N J to ~] J ~7 J 1 N N .-• W W In In 0o N O N ~n A N oo In W O O oo co ~- N G~ N O oa x ~O W W N l.n "" O U U J W W O O W W V~ J O J O ~ '1 W N 00 - O ~] oo O ~D W to oo O O N N O to O vi O N N N tr 41 O O O O O O O O O O O O O O O O A A A A A A A A A A A A A A A A N N N N N N N N N N N N N N N N W W W W W W W W W W W W W W ~ W N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O O ~ (~ •-• •-• CJ N N (') ~ (') G~ (~ N G\ ~ N n N C7 n' "' n+ C1 U ;T O O O , ~ N N ~ O ~ U ~. O N S N ~ O O O ~-- A CD k.. .. ... - .A A A ~ ~• Q1 C\ A A ~ X. ~ A ry ~ lh A ~p ~ J ~-- ~I O\ .P A A A ry ~ G\ A ry z. N - N A A A n X h J J J ~ ~ ~ ~ _ ~ A o o J C/] fD O O O f/] [D N N ~ !D ll~ V] (C J V] N ~ ~ .p A ~ N V] N ~-- N ~ (D A -- A ~O N ~O V] (~ O .O O O O .O J v ,~ O .O O ~ O O O N ..O N C O O O .O W ~ A A A ry A A ~ A ~ A ry A A A A ~ A ry ? .A A ~ n ~ w~ ~ N N n N ~ ~ O A N N A ~ ~ O A A A O O W N N ~O N . -~ v i J A N t i~ N N ~O (OD N ~O N .OP N 1 N ~O ~O cn ~ O O O ~O to ~O O A O ~O O A ~- ~O ~c O O -- O O O ~-- O O ~O O V' O ~G O O O C ~O O ~O 0 0 0 ~O O O O ~O x J ~ to A x xi x' x x x x x ~ ~ ~ ~ ~ ~ 7 ~ ~ ~ O" 6' ~ 6' 6' ~ C1 d d G. 0. Q. A. d w w w w w w w w ~ cc ~ ~ ~ iu is io O 2 z O d n 9~ 0 a O C. .7 K .d `< 7 d A~ A C S A 'S A ro d ao a b n C n S ro 0 0 M r n. O O A N N N O O w ro ro w ao `' N N N N N N N N N N N N N L' N N L' ~ --~ ~ ~-' '--' .-. ~-' --' C ~p ~O ~D ~O ~O ~D ~D ~D ~D ~O ~O J J J ~p O O ry A A ~ 00 W 0o Go 00 00 00 ~ ~ to to vi to cn to to vi vi to ~ -• -• ~ O O 5 ? A ~ ~ G\ ~ G1 :7~ ~ G1 ' ~ C l.n A w w W w N N N N W W W d N N ~y, •- •- p„ W W W U s to W ' 0. ~ N oC J -- -- ~O ~O N N N ~ ~ ~ U is ~ ~ ~ In to w w ~ ~. D, C\ ~ Vi U l/i . J ~ C\ WT ~ Vi ~ . -. . -. .A .A A A A??? A A A A A O O O O O O O O O O O O O ~ ~W ~ .p . -. ~ GC oo '.• ~ y ~ W b -~ ~ ~~ n m^ ~ n ~ r~ r~~ ~ n d ~ o o d ~ o o~ ~ .^~ y ~ ~ ow - ~ m o~ ~ m ~ ~ o y ~- ~ ~ ~ ~ `~ x ~ ~~ ~- ~ R x y x y ~. ~. ~ N ti ~ , ti o ~ o D m o ~' cn o ~ ~ o d v°', ~; ~ °; ~ o ti .1~ ~ C _ O ~ r' N -i _ ~ C 'c1 .. 7 '~ N O M N ~ ~ O ~' n `G ... o K A m ~~ ~ a ~ H c c 0 ~. a ~ T ~~ a o ~ < (: rn C w ~ D~ '~ ~ ~, j b a- w ~ " ~ b a o ~ o , ^o ^a ° ~ ~ o °o ~ o =°, ~ ~ o o -~ ' o b 0 0 ~ ~. a. n ~° x i o . ~ ` a c ~ o a m ~ ~ ~ F _ o ~ ~ N n ~ I ~O N ~O J to O~ A in W O 0 0 O I 0 0 ~ I N O~ G1 I O~~ ~+ N w 0 O O O O O O O O C O O O O O O O O O O O O O O O O A A A A A A A A~ A A A A A A A A A A A A .P A A N N N N N N N N N N N N N N N N N N N N N N N N W W W W W \ W W W W W W W W W W W W W W W W W W 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 O O O O O O O O O O O O O O O O O O O O O O O C O O O O O O O O O O ~ b b ~ ~ b ~ ~ ~ ~ ~ ~ ~ O O ~ ~ O O ~ ~ O O O O O O O ~ ~ ~ ~ ~ C ~ (~ D1 ~- ~- fit ... N N N ~ ~ O 01 ('~ a N ('Z 01 D\ (~ N N N N N N ('~ ~ O O O O O O N N ~- O O ~./~ ~ ~- U ~ S O O ~ N N N O N N N ~ ct `~ •- •.• ~• .... •.. Q, a, J -- N to In ~ tr ~! ry ~ ~ ry G1 D, a\ -~ D1 a a1 ~ ~ ? A A A A A A A A A A A .A ~O N N ~D v, w in v, ..- -, ~O ~O ~D ~- A A O .-. A ? A ~ ~ ~ A A A A A A A In cn In to vi to to ~- C/~ N J N J A N .-• •..• ~O ~O A o0 0o U O O A O -- N N ~O A ~D J J C/1 C+ 00 ~D J ~D V) N J J to c~ Vl CD ~- N '- -~ N N N O N N N Vi (L .a A 0 0 0 -- O N N O O O O O A O O .~ O A S J N N ~- N N J .a N A A A A A .P A? A A A A~ ~ ~. A ~ A A A A A A A A A A ~ W W W W W W W W W W W W W ~ N N „`~, A N „ N N N N N N N '„y n [D N N N N N N O N N N N N .- .-~ -• .-• ~O .-~ .-• .-• ~O .-• n (~ ... ... ~D ~O h cu W ~. ~O ~O n cD ~ ~-' O '--~ ~ .P ~O ... a1 .-. ~ A n (c 0 0 0 0 0 0 0 0 0 0 0 ~O O ~ ~O '' ~O ~O ~D O to O~ -- _ O 01 O O O 0 0 O O O O 0 0 0 O _ O l/i O O O A O O '--` O W O O O O C O O r O N n n n n n x x x x x 5 a a a a a w w w m m ~ ~ ~ ~ rn O A z O • ti n ~~ O y O C .~+ ~I J d p7 A a z G Z /~. A a i• I• I• i• Gl C ~ ~ ~ C C N C `^ v, i^ i^ i^ w C 7~ ~ < ? ? ? ? N N ~O l0 ~O y n ~ W p W W W W W f0 [D fi N F- .-. ~. r O O ~ G1 U O O ~ J J T G1 In a, "'~ ~' c ^ W W W w o 0 a 0 x x x Q, 0 A ~, 0 ~o ~ ~, o ~ ~ c ~~ ~ W~ o ~o x a, p o 0 o. o c o 0 0 O .. x x x .. A . : x vi w w N d. d ~O ~O ~O ~O J ~ . . _ _ _ _ _ J to Vi to to J O ~ ~ N J N W N ~ a ~ ~ 7 "] „"] n ~. N '3' ~~~ z ~ O .~" p O 0 O p U N n ~ ~ n X' O w 7.' O ~' ~' w T. l n ~ X < X c o o ~ [17 ~ o ~ ~ o o ~' oc o .. ~ O .. ~ O .. 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N O ,7N,7 N ~ a n O In lV ~ c~ A d O O ~ ro y ~ ,~ ~ ~ .p w p ~ ~ °~ r o ... ~+ O a O C O .~ `~ A 7 d Al A A I C 3 C z A 0 i~ ~ ._ ~ 5ti ~ ~~y'p ,~ r ~~^Y ~~ ~ ~h ` ~ Council Minutes - Apri18, 2009 AGENDA SPECIAL MEETING - MONTICELLO CITY COUNCIL BOARD OF REVIEW Wednesday April 8, 2009 - 6 p.m. Mayor: Clint Herbst Council Members:. Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski. Others: Greg Kramber, Wright County Assessor, Lori Thingvold, Property Appraiser and Tony Rasmussen, Sr. Property Appraiser Mayor Clint Herbst opened the Board of Review. Members of the Council and representatives from the Wright County Assessor's office were introduced. Lori Thingvold explained the changes in residential valuation and submitted a booklet explaining the valuation process which included pictures of the comparable sales used in this study period. The time frame for the market study was from October 2007 through September 2008. The data from this period is used for setting the valuation for 2009 which is the basis for taxes payable in X10: Clint Herbst asked if the Assessor's office sees a point where improvements in technology would change the time frame set for the market study thus allowing the study data would be more current. Greg Kramber responded that it was in late 2008 that the economic problems escalated so most of the time frame for the market data study was during a period of higher values. As far as changes in the time frame of the study he indicated that is set by the state. Lori Thingvold indicated during the study period there were 104 qualified sales which did not include foreclosed properties. Using these sales the median sales ratio was 101.1 %. The State of Minnesota requires that the ratio be between 90%-105%. The median sale price of the sales in the study period was $186,300. She added that there were 67 foreclosure or bank sales which had a median price of $135,000. Lori Thingvold also brought up that there are currently 8 qualified sales that will be used for the 2010 valuation. These sales have a ratio of 98.5% and median sale price of $172,500. Greg Kramber said the Assessor's office has worked hard to meet the requirement which capped at the low 90's. It was noted that residential value decreased 10.04% and the decrease in commercial property was .72%. Clint Herbst asked why there was such a discrepancy between residential property and commercial property. Greg Kramber explained the Department of Revenue breaks their study into different categories of residential, commercial-industrial and agricultural. They are required to be 90%-105% county-wide on each type. Last year on the commercial they were at 88.1 % so they were required to increase the valuation on all commercial property to reach 90%. Tony Rasmussen commented on the trends county wide stating there were 1300-1500 residential sales with 806 of those being qualified sales. This compares to 1361 qualified sales in 2007. There are 1004 properties that are in some form of foreclosure proceedings. New construction valuation is down $100,000,000 county-wide which is a significant decrease. The previous year there was 2,000-3,000 platted lots available and last year that number had dropped considerably. The Department of Revenue did increase Green Acre valuation about 33%. He went on to discuss Council Minutes - Apri18, 2009 commercial property in Monticello. The poor market impacted the commercial property. Unplatted and unimproved lands have seen a reduction in value this past year. Tony Rasmussen said most residential prices are higher than assessed valuation but he believes the list price will come close to the appraised value. He noted that the economic downturn came at the end of the study period used for the 2009 valuation. Ryan Nett, 6304 85a` St NE (155-160-013050) in the plat of Carlisle Village submitted information on the cost of the house and its valuation. The property is currently valued at $326,700 for taxes in 2009 and valued at $203,900 for 2010 taxes. The owner paid $205,000 in September of 2008 for the structure which had some hail damage and was a foreclosed home. The total price of the home with the replacement of the damage was $220,000. The appraisal on the property was $219,000. Lori Thingvold showed pictures of that property and four other comparable sales. The owner indicated he tried to get an appraisal to show a value of $250,000. The bank came up with an appraisal of $255,000. He felt the valuation was higher than it should be. Greg Kramber said if the damage to the structure still existed the valuation could be discounted but according to the owner the damage has been corrected. Lori Thingvold felt the valuation established was valid. Greg Kramber said the motivation of the appraisal can lend to a certain result. Brian Stumpf didn't feel there wasn't enough evidence to warrant changing the valuation. BRIAN STUMPF MOVED THAT NO CHANGE BE MADE IN THE VALUATION FOR 155- 160-013050, 6304 85TH STREET NE. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. It was noted that the next step of the appeal process is with the county. Steve Johnson is the owner of three properties on Block 2 of the original plat of Monticello. The change in valuation for 2010 versus 2009 was significant. He stated the some properties on the street were flat while others were increased by 15%. He felt the valuation of the building should have gone down since the buildings are not occupied or the rent was reduced in order to retain tenants. He stated the whole area is distressed. The valuation went up on the parcel at the corner by 15%. Greg Kramber said the reason for this is the size criteria used in the valuation. They found smaller buildings are hurting the sales ratio. The value of the two buildings went from $200,000 to $230,000. Steve Johnson said he had to take a rent cut in order to get the space occupied. Steve Johnson argued that he is only maintaining the building and not improving it so he didn't feel the valuation should increase. The valuation for parcel 155-010-052031 (westerly building) is $302,700(largest building; formerly Johnson Store). This building is 8,500 square feet. Parcel 155-010-052070 for 2007 and 2008 was valued at $48,400 and for 2009 at $55,300. Parcel 155- 010-052090 for 2007 and 2008 was valued at $152,000 and for 2009 it was valued at $175,000. Glen Posusta noted that was fairly large increase. Tony Rasmussen stated its location was important. It was noted by Department of Revenue standards more than 5% down is a good sale. There are more properties listed for sale and they are listed for more than the assessed value. Clint Herbst noted that there was a 10% increase to commercial property and Wright County had to work to get some of the back down. Monticello dragged the County down especially in small office sales. The sales in Monticello were 50-60% of the assessed valuation. Steve Johnson said the building is a detriment to the value of the lot. There was discussion on the methods of determining value on commercial property such as the Marsh and Smith, replacement cost and income method. Tony Rasmussen and Greg Kramber briefly explained the methods of determining value. Greg 2 Council Minutes - Apri18, 2009 Kramber said the problem is in every down town in the county. Steve Johnson said commercial property is worth the rent you can get out of it. Steve Johnson said adjacent properties had gone down in value and he felt it was an issue of fairness. Greg Kramber said other commercial sales in Wright County were at 90% but Monticello was at 50%-60% so if equity is an issued perhaps Monticello's valuation should have been jumped up a few years ago. Greg Kramber said the County looks at all three approaches on valuing commercial property. Tony Rasmussen said for the older buildings $70/ft is typical. Susie Wojchouski noted Carlson Wagonlit had an apartment and asked how that affected valuation. Greg Kramber said those are handled differently. Clint Herbst said if the City is not in the 90%-105% range on sales everyone is getting hit with an increase. Brian Stumpf felt because for several years there was no increase it is inevitable that at some point there would be an increase. BRIAN STUMPF MOVED NO CHANGE IN THE VALUATION FOR PARCELS 155-010- 052031, 155-010-052070 AND 155-010-052090. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Steve Johnson stated he is reserving his right to appeal the valuation. Mielke Development representative, James McCombs spoke. He stated that cap rates are going up and cited instances. He said cap rate is 6% on the Mielke property. He said the best commercial property sells at 6%. His client felt that they are overvalued compared to similar property in Monticello. He indicated they met with the County Assessor and were told that condo sites were valued more than strip malls. The Mielke retail condominium development has 7 units; two are owner occupied and five are rented. He cited the valuation of the building of Edina Realty in front of the Wal-Mart site. Greg Kramber said the total square footage of the building divided by tax provides you with the cost per foot. Mr. McCombs suggested that the EDA to a study of the commercial property to see what their value is. Glen Posusta questioned why there is such a big swing. Brian Stumpf said there were some reductions in the valuation on this property. Greg Kramber said the cost per square feet is $126 not $140. Other commercial property runs $111 to $115. Greg Kramber said the difference is that this property is not a strip mall but seven condominium units that could be sold separately. Al Loch said the condominium feature landlocks the tenant so they can't expand. Dan Mielke said the condominium feature is a tax burden because it is less marketable. Brian Stumpf said he could not tell one commercial property owner that another commercial property should be reduced again when it has already been reduced. Dan Mielke said there concern is that they are pay $.80/sq ft more than the Edina Realty building which has Highway 25 exposure. Clint Herbst asked what the impact be if the property was changed from condominium to non- condominium. Tony Rasmussen said this building is 10,000 sq feet compared to the other site which 19,000 sq. ft. Greg Kramber said the bigger the building the less the cost per foot. Clint Herbst said he understood the TH 25 exposure making a difference but questioned whether being adjacent to Wal-Mart impacted the valuation. The condominium space sold at $147 and $193. Greg Kramber said there is justification for size adjustment and cited instances of that. Greg Kramber also noted there was a clerical error which when corrected would result in a savings of $800/year for Mielke. Greg Kramber will be going before the County Board to get the error corrected. Glen Posusta asked if a remedy would be to put this property into separate parcels. Greg Council Minutes - Apri18, 2009 Kramber said he doesn't make those kinds of recommendations because he doesn't have all the background information. Greg Kramber said generally multiple units are more valuable than individual units. Dan Mielke said since they don't have TH 25 frontage they have to charge less rent in order to get tenants. Tony Rasmussen asked if an appraisal had been done on this property within the last 6 months. Dan Mielke said they are in the process of refinancing but at this point in time nobody knows the amount of the appraisal on this. If this property is being refinanced and an appraisal is being done the Assessor's office would consider it. Lee Mielke said it appears there is a lot weight placed on the fact that it is a condo unit. Lee Mielke said they realize the condo market is different now than what it was when the property was developed. He said people don't want to be a unit in a bigger project because what it happens if it fails. Also the tenants are landlocked and cannot expand. Tony Rasmussen asked about the original appraisal the site when it was developed. Tony Rasmussen said there is value in that they can sell their units. Dan Mielke asked if it is state law that condominium value is different than a strip mall or is it the assessor's option. Greg Kramber said they look at best and highest use. The parties argued whether being a condominium unit was a plus for valuation. Jim McCombs said retail condominiums are not popular because it does not allow for expansion. He said the reason retailers rent is so that they can adjust size of the space for the growth or decline of the business. As far as difference in valuation the factors to consider are one is a condominium and the other is not; one has TH 25 exposure and the other does not and there is the difference in size between the two buildings. Jim McCombs suggested his client make two unit condos and asked whether that would make any difference in the valuation. Tony Rasmussen said the difference from $126 condo to $110 was based on the site being one parcel. He didn't have what the cost difference would be if it was two units. Dan Mielke said state law does not require the assessor to value condominium units differently. Glen Posusta asked about the space adjacent to the Wild Wings Restaurant. It was noted that was not a fair comparison since the space adjacent to the restaurant was a shell. Dan Mielke said they are paying $70 more per square foot than the people they are competing with who have exposure on TH 25. Tony Rasmussen said it is not an apple to apples comparison when looking at condominium units and strip malls Greg Kramber said the County could adopt %z% sales tax to reduce property taxes. He added that a reduction in one property valuation would have to be picked up by other property because the city, school district, county taxes are still levying the same dollar amount. Brian Stumpf said the value for this property has either stayed the same or has gone down and he didn't feel he could approve a reduction when no one else was getting it. Dan Mielke said they are not asking for a break but that they just don't want to pay more BRIAN STUMPF MOVED NO CHANGE IN THE 2009 VALUATION FOR THE CONDOMINIUM UNITS PID 155-205-000100, 000200, 000300, 000400, 000500, 000600 AND 000700. Glen Posusta said he didn't find it to be worth more because the property doesn't have TH 25 exposure and he can't compare this to downtown. Greg Kramber said there are differences between the sites emphasizing that a condominium unit is a different entity than a strip mall. He said some of the data supplied could give a skewed perception. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 4 Council Minutes - Apri18, 2009 Greg Kramber said while he is not recommending this option he is bringing it to their attention. At the present time one individual owns three units and the other one owns four units. By putting each unit in a separate name it would give them %z% off the first $150,000. Tony Rasmussen said that is what is allowed under current legislation but cautioned that legislation can change. Dan Mielke complimented the County Assessors office for working with them on this. Susie Wojchouski asked Jim McCombs if the vacancies in Monticello were higher than in other communities and if it was because retail are taxed too high. Tony Rasmussen said their office did look at Scott Douglas's building and it does compare with the property around it. The Douglas property is valued $122,000 and is going up to $129,000 or $61/sq. ft. Greg Kramber advised those who had questions to contact their office. He also thanked the Wright County Assessor's staff for their work. Lori Thingvold brought up a couple of additional items. They are proposing to lower the value for the property at 912 West River Street (155-010-044020). The property had a value of $119,200 and it was proposed to be lowered to $85,500. GLEN POSUSTA MOVED TO REDi~CE THE VALULATION FOR 912 RIVER STREET WEST (155-010-04402) TO $85,500. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Lori Thingvold stated they had received a letter from Shawn Weinand who could not be present for this meeting but had requested to meet with the Assessor's office to go over the valuation of their commercial properties. Council stated they would take no action at this time since the meeting with Weinand had not yet taken place. BRIAN STUMPF MOVED THAT NO CHANGE TO VALUATIONS BE TAKEN BY THE COUNCIL AT THIS TIME AND THAT IT BE LEFT TO COUNTY STAFF TO MAKE CHANGES IF THEY DEEM NECESSARY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO ADJOURN AT 8:20 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 5 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL APRIL 13, 2009 - 5 P.M. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order. Mayor Herbst called the meeting to order at 5:00 p.m. and declared a quorum present. 2. Capital Improvements Program. Jeff O'Neill opened discussion explaining the significance of the capital improvements program. Finance Director Tom Kelly proceeded with the CIP review noting that the reason for the CIP was to help finance projects for the future and aid in financial forecasting. The CIP is a five year program but Tom Kelly would prefer to have a ten year plan especially for major purchases. The CIP is a planning tool and can be adjusted as projects change. 2009 capital improvement items are those that the Council is fairly certain will get done this year. Council and staff reviewed the various items contained in the capital improvement program. Brian Stumpf asked about the amount of reserves that were used for fiber optics and what happens if the reserves are not replenished. Tom Kelly replied if that is the case then staff is prepared to start cutting expenses. Brian Stumpf said the City has been use to having the top of the line in equipment and vehicles but may have to scale back if the economy stays weak. Tom Kelly noted that with state bids and state contracts for equipment the purchase prices are very cheap. This makes it questionable whether the City can maintain old equipment as cheaply as they can buy new. Brian Stumpf asked Tom Moores if the City has a maintenance plan they follow for each piece of equipment. Tom Moores indicated the City does and it is followed. Brian Stumpf said when it comes to equipment there is what you want and then there is what you need. Tom Moores discussed the state bids and the savings the City can realize when purchasing off the state bid. Glen Posusta asked about the $100,0001isted for the new bucket truck. It was indicated that staff uses the new price for budget purposes but that does not necessarily mean they would buy the equipment new. Tom Moores explained their in-house replacement policy. Glen Posusta questioned by budgeting at the new price and buying use would staff use the price difference to buy something else. Tom Kelly said he would rather have staff budget high as if they were going to buy the item new. There was discussion on the various pieces of equipment listed in the capital improvements program and the need for each item. Tom Moores noted that some communities utilize abuy-back plan. There was discussion on the merits of buying used -vs- new and also the cost effectiveness of contracting services out. Clint Herbst felt the capital improvements program is just a guideline for staff to follow in planning for equipment purchases.. Bret Weiss, consulting engineer, said if there is a piece of equipment that they know they could buy used they would list the used price otherwise the price listed should be the price for a new model. Bob Paschke, Public Works Director said they look at the life cycle for the various pieces of equipment and there is a point where you pay more for maintenance and upkeep than what it costs to purchase new equipment. Plus there are safety issues that should be taken into consideration. Brian Stumpf asked on Page F3 about the reserve funds and if the figures shown at the end of 2013 is what they expect to have in the reserve fund for the purchase. Brian Stumpf also asked about the bond fund balance. Tom Kelly explained that this amount is what would be assessed against the property. In 2013 there would be reserves of $31,000,000. $17,000,000 of that would be other sources and the rest would new assessments. It was noted that there were funds budgeted for the new Public Works facility ($9,000,000) and the new fire station ($3,000,000). These are items that they want to keep on the list even though they may not be constructed in 2013. Susie Wojchouski asked about the sale of property and where those funds go. Tom Kelly replied if the property was purchased using general fund monies then the sale revenue would go back into the general fund. Glen Posusta asked about the balance of the storm sewer access fund being down. Clint Herbst said the City needs to know what expenditures are out there so they can determine whether the levy needs to be raised. Tom Kelly noted construction projects like well #6 and the 90th Street extension taking place would depend on future development. Clint Herbst said he didn't know if he wanted to pick out the items specifically from the CIP but rather get a general idea of the expenditures for 2009 and the years following. Clint Herbst said he would like to see the department heads have a rating scale for the projects. He felt this add credibility to the projects being proposed. Jeff O'Neill said in coming up with the levy amount the City has a figure that reflects what the City really needs without depleting reserves. Glen Posusta stated that the reserves have been depleted enough. Specific projects were discussed. Glen Posusta questioned the improvements to Cedar Street and School Boulevard for $500,000. It was explained when Wal-Mart was constructed it was thought that another signal would be needed. The idea was that Wal- Mart would pay'h the cost of the signal and Shawn Weinand would pay the other'/2. The agreement was that if the signal was not needed by October 2009 the money would be given back. Bret Weiss reported that a traffic study was done and the intersection meets warrants for a signal. On the CIP the signal shows as being funded $250,000 from special assessments and $250,000 from unspecified funds. Brian Stumpf said he didn't want to get in the position where the City is spending money just because it is there. Tom Perrault said he thought the Shawn Weinand property would have developed sooner. Council directed staff to look into the terms of the agreement as far as the traffic signal. Glen Posusta suggested that maybe a roundabout might make more sense in this area than a signal. Glen Posusta asked about the improvements on School Boulevard for $300,000 for a pedestrian crosswalk. He also asked about the street lights in the area. Jeff O'Neill said 2 that decisions on those projects would be determined at a goal setting session. Brian Stumpf asked about the TH 25 improvements/reconstruction in 2013. Brian Stumpf asked if MnDOT was responsible for that cost. Bret Weiss said MnDOT has 250 years of projects that they need to fund. Bret Weiss said a new transportation bill is coming out which will include high priority projects (HPP). If the bill is approved those high priority projects would have to be submitted to the legislature by June. Bret Weiss felt TH 25 would be good project for these funds. Bret Weiss suggested that the Council discuss looking at doing the TH 25 project. Brian Stumpf asked about the scope of the TH 25 project. Bret Weiss thought it would be from the freeway to County Road 11. Brian Stumpf asked why the City should be putting money aside for what is a state roadway. Tom Moores asked if MnDOT is resurfacing TH 25 this year. Bruce Westby thought it was in 2010. Brian Stumpf asked how the state could do just a mill and overlay when the City has reconstructed streets that are in better shape than TH 25. Bret Weiss responded that the state has decided to do maintenance work only and no reconstruction projects. Tom Perrault asked if the bridge replacement is still going to be done. He was told it will start in July. Jeff O'Neill asked if the City goes after HPP funds what level of project detail is needed. Bret Weiss said the City would need a cost estimate and a letter of support from MnDOT. There was some discussion on the funding process used for the HPP funds. Bret Weiss said it would be 20 years or so before the City would get a new bridge in. Glen Posusta asked about expanding the existing bridge. Glen Posusta felt the intersection of TH 25 and CSAH 75 is the bottleneck. Jeff O'Neill said while the City may not have the necessary detail they could submit a general plan. Bret Weiss suggested Bruce Westby contact MnDOT about a letter of support. Bret Weiss feels strongly that TH 25 is one project that several entities could support. The City can show they have studied several options. There was general discussion about roundabouts and whether truck traffic would use them. It was noted that roundabouts are pedestrian friendly. Susie Wojchouski asked about the $500,000 in 2012 for pathway construction (F-50). Tom Kelly responded that was general pathway construction and was not fully defined in the program but that it was pathway and park improvements. Tom Kelly said when the City does these projects they need to look at the impact it will have on operations. Susie Wojchouski asked on page F58 about $250,000 for recreation addition but up to this point nothing has been said about. Tom Kelly responded it is the MCC's former skate park which is proposed to be used in some other fashion. It was also noted there is a band shell proposed for Pioneer Park. Glen Posusta asked about the $30,000 pool toy. Clint Herbst felt the City has to look at different ways of keeping interest up in the MCC. He didn't feel the MCC was big enough to bring in enough people to pay for the cost of operations Jeff O'Neill summarized the discussion. Clint Herbst discussed the expense with Bolton Menk for stimulus funding for the wastewater treatment plan. Jeff O'Neill said when they applied for the stimulus package funding they were under the impression that they would get a higher percentage of funding for the cost. Now they find that no more than 20% would be covered by stimulus funding. It was questioned if the City has to expend 80% of the total funds to get the 20% grant funds was it worthwhile. The Council was initially under the impression that a lot of the project cost would be covered by grant funds. 3 Brian Stumpf said the Council would still be looking at the individual purchases as they come before the Council so it was felt no other review of the CIP was necessary at this time. Tom Kelly said the CIP would be an annual review done at the beginning of the budget cycle. The workshop shop closed at 6:30 p.m. Recording Secretary 4 Council Minutes: April 13, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday Apri113, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Woj chouski. 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. 2. Approve minutes of March 23, 2009 Regular Meeting. Susie Wojchouski noted in the portion of the minutes dealing with citizen input and Al Nystrom's request to be allowed to use a four wheeler on city streets, the Council had asked Mr. Nystrom if he had a driver's license and had completed driver training courses. Tom Perrault made a correction on Page 10 that Lynn Dahl Fleming and not Wayne Elam is the IEDC chair. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MARCH 23, 2009 REGULAR MEETING WITH THE CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Economic Development Director, Megan Barnett explained that federal guidelines require that the City adopt an ADA (Americans with Disabilities Act) policy in order to distribute the Neighborhood Stabilization grant. She asked that the Council place approval the ADA policy on the consent agenda. Clint Herbst added discussion of settlement in areas where fiber optics has been installed. SUSIE WOJCHOUSKI MOVED TO PLACE ADOPTION OF THE ADA (AMERICANS WITH DISABILITIES ACT) POLICY ON THE CONSENT AGENDA AS ITEM #SL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments, petitions, requests and concerns. a. Proclamation on Children's Mental Health Awareness Day and Children's Mental Health Awareness Week. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PROCLAMATION DESIGNATING THURSDAY, MAY 7, 2009 AS NATIONAL CHILDREN'S MENTAL HEALTH AWARENESS DAY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes: April 13, 2009 No one else spoke under the citizens comments portion of the meeting. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and DMV. Recommendation: Ratify the hires/departures of the employees as identified. B. Consideration of approval of annual liquor licenses renewals. Recommendation: Move to approve the license renewals effective July 1, 2009 contingent upon applicants providing the appropriate certificate of insurance and payment of license fees and to approve the discounted off-sale beer license for Monticello Liquors, Inc. C. Consideration of approving the contribution of $250 from Tom Perrault to the general fund. Recommendation: Approve the contribution and authorize the use of funds as specified. Resolution No. 2009-15. D. Consideration of maintaining Human Resources position working hours at 30 per week. Recommendation: Move to authorize the Human Resources position to work 30 hours per week. The authorization is on-going unless Council or staff haS a need to re-evaluate the hours in the future. E. Consideration of a request for extension of a conditional use permit for an amendment to a Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition. Applicant: Dan Mielke. Recommendation: Move to extend the June 11, 2007 Conditional Use Permit for an amendment to the Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition to June 11, 2010 with the condition that all previously approved conditions be assigned to the extension. F. Consideration of approving contribution of $2,000 from the Friends of the Library for the Parks Department. Recommendation: Approve the contribution and authorize use of funds as specified. Resolution No. 2009-16. G. Consideration of approving a resolution authorizing support for LCCMR grant application for 2010 relating to the Bertram Chain of Lakes Park. Recommendation: Adopt Resolution No. 2009-17 supporting a joint request by the City of Monticello and Wright County for LCCMR appropriations from the Environmental and Natural Resources Trust Fund to support acquisition of the Bertram Chain of Lakes property. H. Consideration of upgrading the sidewalk to a service entrance driveway for the head end building, City Project No. 2006-32C. Recommendation: Approve the upgrade from a sidewalk to a service driveway and to award the bid to KC Companies/Omann Bros. Paving the in the amount of $5,268.01 minus the deduct for the sidewalk of $1,428.00 for a total of $3,840.01. I. Consideration of approving the contribution of $1,000 from Xcel Energy for Bertram Chain of Lakes Activities Day, June 13, 2009. Recommendation: 2 Council Minutes: April 13, 2009 Approve the contribution and utilize the funds as specified. Resolution No. 2009- 18. J. Consideration of approving appointees to the Bertram Chain of Lakes Advisory Council. Recommendation: Move to approve the representative structure of the Bertram Chain of Lakes Advisory Council. K. Consideration of establishing cash box for ballfield concessions. Recommendation: Approve the establishment of a change fund for MCC for the operation of the concessions at the ballfields. L. Consideration of adoption of ADA (Americans with Disabilities Act) Policy. Recommendation: Adopt the proposed ADA policy as presented. Clint Herbst noted that the City had received'contributions from Tom Perrault in the amount of $250; from the Friends of the Library in the amount of $2,000 and from Xcel Energy in the amount of $1,000. Glen Posusta asked to move agenda item #10 to the consent agenda but Tom Perrault stated he had questions on that item. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SD AND #SG. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 6. Consideration of items removed from the consent agenda for discussion. #SD: Consideration of maintaining Human Resources position working hours at 30 per week: Tom Perrault asked if the 30 hours a week was indefinitely or if it was for a specific time period. He would like to see the position get back to 25 hours a week. Tracy Ergen, Human Resources Manager, stated when she was hired she started at 25 hours and a month later it was moved up to 30 hours a week. She questioned whether 25 hours was feasible to handle the work load. It was noted that this position is exempt in that Tracy Ergen is not paid for anything over 40 hours. Tracy Ergen questioned how long they would keep extending her hours. Clint Herbst indicated that in the Personnel Committee meeting discussion they talked about 25 hours being the bare minimum for this position. Tracy Ergen felt 30 hours a week was working out well now but indicated in October when the insurance renewals come up it would be tight. Susie Wojchouski suggested setting the hours at 30 now and in September when it gets busier increase it to 35. BRIAN STUMPF MOVED TO AUTHORIZE THE HUMAN RESOURCES POSITION TO WORK 30 HOURS PER WEEK WITH THE STIPULATION THAT THIS TOPIC WILL BE REVISITED AT THE FIRST MEETING IN SEPTEMBER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SG Resolution supporting a request for LCCMR appropriations from the Environmental and Natural Resources Trust Fund: Tom Perrault indicated that staff had told the Council that the LCCMR was not going to be involved in any further in the funding for the Bertram 3 Council Minutes: April 13, 2009 Chain of Lakes project since the Clean Water Act amendment had been passed. Staff clarified that in 2009 the LCCMR was not funding anything because of the passage of the Clean Water amendment. However funding under the amendment still has not been determined by the legislature. The City will be applying to the LCCMR in 2010 for funds to supplement future acquisitions. GLEN POSUSTA MOVED TO ADOPT RESOLUTION 2009-17 SUPPORTING A JOINT REQUEST BY THE CITY OF MONTICELLO AND WRIGHT COUNTY FOR LCCMR APPROPRIATIONS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND TO SUPPORT ACQUISITION OF THE BERTRAM CHAIN OF LAKES PROPERTY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 10. Consideration of citizen appointments to the Fiber Optic Advisory Committee. This item was moved up because a number of the committee appointees were present in the audience. Tom Perrault asked who would be responsible for bringing the committee members up to speed on what has transpired with fiber optics thus far. Jeff O'Neill responded that he and Don Patten would take on that responsibility. Tom Perrault also asked when the committee would start meeting. Jeff O'Neill indicated the committee would be meeting on a monthly basis. He said the committee would focus on issues relating to policy as well issues on the day to day operation of the system. Tom Perrault asked if the Fiber Optic Advisory Committee meetings were opened to the public and was informed that they would be. Tom Perrault also asked if the appointment of Wayne Mayer to the committee would be as anon-voting member. Staff indicated that although the appointment would be as anon-voting member, Wayne Mayer provides a valuable source of technical information on fiber optics. GLEN POSUSTA MOVED TO APPOINT JON MORPHEW, ROXANNE BAKULA AND WAYNE NEHRENZ TO THE FIBERNET MONTICELLO ADVISORY BOARD AND TO INCLUDE WAYNE MAYER AS ANON-VOTING MEMBER AND TO INCLUDE CLINT HERBST AND GLEN POSUSTA AS THE CITY COUNCIL REPRESENTATIVES TO THE BOARD. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Department Head Report -Randall Johnsen, Liquor Store Manager. Randall Johnsen, manager of Hi-Way Liquors introduced himself and gave a brief summary of his work experience at Byerly's and Haskell and also provided a little personal background. He then went on to review the sales and profits from first quarter of 2008 to first quarter of 2009 noting that sales and profits had increased in wine sales, beer sales and liquor sales. Randall Johnsen explained some of the changes that had taken place in the liquor store in the approximate six months that he has served as manager. Some of the changes include reorganization of the backroom and other areas so that there is less clutter and more of an appearance of openness. There were also changes in merchandising including introduction of new items and closeout of slow moving items. The store has also set up an e-mail list for notifying customers of specials and other things happening at the liquor store. A website for the liquor store has been set up. They have scheduled regular in store tastings, established beer 4 Council Minutes: April 13, 2009 specials and prepared flyers listing specials being offered. Beginning May 1, 2009 Hi-Way Liquors will no longer accept checks and they are in the process of making customers aware of this change. As a convenience to the customer an ATM machine has been added which provides customers with another option for payment. In addition the liquor store makes $.35 on each ATM transaction. The ATM would also serve as a back up for the customer when the credit card system goes off-line. Randall Johnsen discussed the recent wine tasting event, plans for the fall wine tasting and the possibility of an Oktoberfest celebration. He indicated that staff has embraced the changes made in the liquor store operations and the customers have seemed pleased as well. Tom Perrault asked what the inventory turnover rate was. Randell Johnsen responded it was about 6 %2 times a year which is about the average for the industry. He was also asked about the breakdown of sales. Hi-Way Liquors has about 15% wine sales, 60% beer sales and 20%- 25%liquor sales. Randall Johnsen said he would like to see wine sales make up 20%-30% of their overall sales and stated that have brought in some upper end wines. The Council complimented the management and staff at the liquor store for their work. 8. Consideration of appointment of two Council members to serve on the ad hoc committee to review the RFPs for the Zoning Ordinance Update. RFP's for the update to the City's zoning ordinance had been sent out and the City received ten proposals back. Staff would like to proceed with the review of the proposals and try to narrow it down to three firms that would then be interviewed. It is proposed to establish an ad hoc committee consisting of the City Administrator, Community Development Director, Economic Development Director, Deputy City Clerk. two representatives from the Council with one being the Council liaison to the Planning Commission and the full Planning Commission. Brian Stumpf suggested they might have a hard time getting that many people together for the review process. It is proposed that the committee would meet on Tuesday May 5, 2009 from 4:00 p.m. to 6:00 p.m. to review the proposals and narrow the list down. Susie Wojchouski as Council liaison to the Planning Commission stated she would not be in town for the May 5th meeting. Tom Perrault said he would fill in for Susie Wojchouski and Clint Herbst indicated he would fill the other position. BRIAN STUMPF MOVED TO APPOINT CLINT HERBST AND TOM PERRAULT TO SERVE AS COUNCIL REPRESENTATIVES TO THE AD HOC SELECTION COMMITTEE FOR REVIEW OF THE MONTICELLO ZONING ORDINANCE REVISION PROPOSALS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Review progress on DMV remodeling and consider authorizing installation of expanded service counter. Tom Kelly, Finance Director indicated that the Public Works Department has pretty much completed the work at the DMV. The cost to date including the Public Works staff time is just a little over $10,000. Tom Kelly reviewed the work that has been completed thus far and noted that the City had received a letter from Brian Hammill who is a board member of the Monticello Christian Social Services thanking the City for improvements made to their area of the building. It was noted that the Council had authorized a not to exceed price of $10,000 for 5 Council Minutes: April 13, 2009 the work. At this time they are about $100 over that prices and still need to get the flooring and counter work completed. The City has gotten quotes for the flooring work with the low quote being $3,000. The counter work is a significant number with the lowest bid being $7,000 and ranging all the way to $15,125. Tom Kelly thanked the Public Works staff for the tremendous work they did on the remodel job and this sentiment was echoed by the Council. Brian Stumpf stated he didn't feel the Public Works time should be included in the $10,000 price. Clint Herbst agreed stating that while it maybe good to track the number of hours worked by staff it should not be included in the price. Tom Kelly also noted that they didn't anticipate some of the work done in the food shelf/clothing area and that this required moving of electrical equipment such as the electrical boxes. A pull down ladder was purchased to allow the food shelf area to use some available space for storage. Ann Johnson, Deputy Registrar Manager, said they were surprised at the prices on the five quotes they obtained for the counter work. The current counter at the DMV office was obtained from Marquette Bank. Most of the bids that were submitted would remove the old counter and build a new counter. One bid that would utilize the existing counter and build onto it was almost the same in price as building new. Clint Herbst asked if they would wait with laying the carpet until the counter was finished. Staff indicated they would only do that portion of the carpeting not impacted by the counter work at this time and when the counter was finished then complete the carpeting work. Glen Posusta said it would cost more to match the existing counter than starting out with something new. Ann Johnson explained the need for additional counter area is because they need two additional service windows and a handicap area. They also have it designed so that access to the license area is restricted. The bid of $15,125 would be for a new counter done in oak. Brian Stumpf asked why the DMV was not comfortable with the $7,000 bid. Ann Johnson said the vendor is a one person operation and it would take three months to complete the work. In addition he would need the assistance of the Public Works staff to move in the new counter and turn the existing counter. Ann Johnson said this would require several days and would disrupt operations of the DMV and may necessitate closing it for a time. Tom Kelly said he has talked to the Public Works Director if the Public Works staff who worked on the remodeling could build the counter. Although this is the busy time for the Public Works staff it was suggested that the work could be done after hours or on the weekend. Tom Kelly had estimated it would take four Public Works staff 16 hours (or approximately $2,260 in labor costs) and the City would buy the materials. Clint Herbst asked if the Public Works staff at looked at this project. Bob Paschke, Public Works Director, indicated he would like to bring the guys over to look at it and see what could be done. Ann Johnson said they had gotten separate quotes for the carpet in the lobby area and the carpeting in the conference room and managers office. It would be about $600 for the carpeting in the conference room/managers office and $2,450 for the lobby area. Clint Herbst wanted to go ahead with the conference room and office and leave the lobby until a counter decision has been made. There was some discussion on whether the carpet gets done first or the counter. Brian Stumpf asked about Public Works staff building a new counter or adding to what is there. Brian Stumpf expressed concern that they could end up with something piecemeal. The existing counter is formica and maple and is movable with individual work stations. Susie Wojchouski asked if Ann Johnson had checked with some of the banks. Ann Johnson indicated that he had met with a liquidator of office furniture but he didn't have any counters at this time. The Council had differences of opinion as to whether they should hold off on carpeting the entire area or just do the conference room/office manager office at this 6 Council Minutes: April 13, 2009 time. Brian Stumpf said he was concerned that only a portion of the work will get done and the rest will be put on a back burner. Susie Wojchouski said she would check with a couple of contacts that she has about counters. Tom Kelly said staff is asking Council to approve the carpet quote and continue to work to find a resolution for the counter. Ann Johnson clarified that the structure is more than counter. It is a teller station. Glen Posusta felt it might be going beyond the call of duty to have the Public Works staff do the counter work as well. GLEN POSUSTA MOVED TO APPROVE THE CARPET QUOTE OF MONTICELLO CARPETS FOR $3,250 AND TO APPROVE ADDITIONAL FUNDING FOR THE DMV EXPANSION NOT TO EXCEED $12,000. BRIAN STUMPF SECONDED THE MOTION WITH DISCUSSION QUESTIONING WHAT THE MOTION WOULD ACCOMPLISH SINCE THE BID FOR A NEW COUNTER WAS $15,125. MOTION CARRIED UNANIMOUSLY. 10. Consideration of citizen appointments to the Fiber Optic Advisory Committee. Moved up on the agenda. Other Items: Clint Herbst asked the Public Works Director about the sink holes and settlement that is taking place in areas where cable has been installed. Bob Paschke indicated they met with TDS and they are aware of this. With the frost going out the ground is now settling. 11. Approve payment of bills for April. Tom Perrault asked about the bill of $650 for a chair from Parameters. It was noted that this was for Don Patten who works with the fiber optic system. Jeff O'Neill said this typical of the caliber of other furniture purchased for city hall. However he will check into this further. Clint Herbst questioned the payment to Bolton Menk asking whether it covered the work to update the WWTP plan to get on the priority listing for stimulus funding. Staff indicated that it was for the long term WWTP plan which was approved in August. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked whether the service drive approved as SH should be going forward at this time. He thought they should wait a couple of months to see how things work out. Bob Paschke said the sidewalk would have to be put in as far as completing the contract. The contractor has to put the sidewalk in on the north side in order to get the certificate of occupancy for the building. Even if the City does not occupy the head end building and someone else ends up occupying it the work has to be done. Bob Paschke said the bid price is good for 60 days. The service drive was suggested by Don Patten because their equipment has to be brought in and right now they have to walk through dirt which gets tracked into the building. Staff indicated the building will be ready to go soon. Clint Herbst felt there was no reason to push off what needs to be done. Glen Posusta asked if curb and gutter would be 7 Council Minutes: April 13, 2009 going in as well and staff indicated there was no curb and gutter. 12. Adiourn At this time the Council entered into a closed session to discuss the status and topics relating to the TDS lawsuit. The closed session was adjourned at 9:00 p.m. Recording Secretary Council Agenda: Apri123, 2009 SA. Consideration of approving new hires and departures for MCC. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 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: 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 Jeremy Nemeth Ball Field Concession MCC 4/5/09 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Danielle Emmel Voluntary MCC 3/16/09 PT Evan DeMars Voluntary with Issues MCC 3/20/09 PT David Swartwood Voluntary MCC 3/20/09 PT Mamie Vetsch Voluntary MCC 4/3/09 PT Patrick Murnane Involuntary MCC 4/10/09 PT council employee list.xls: 4/13/2009 Council Agenda: Apri127, 2009 SB. Consideration Acceptance of 1St Quarter Financial Report (TK) A. REFERENCE AND BACKGROUND: Attached is the 2009 1St quarter financial status report. The report has little activity so far, as more activity occurs during the 2nd and 3rd quarters of the year. The only concern through the 1St quarter of the year is building permit revenue compared to budget appears to be falling short and will need monitoring over the next few months. All other revenue and expenditures appear to be in-line with budget amounts. A1. Budget Impact: The quarterly reports have very little budget impact other than staff time to prepare the report. A2. Staff Workload Impact: The report takes staff a couple of hours to prepare, but the hope is the new software system will reduce this time in the future. B. ALTERNATIVE ACTIONS Accept the 2009 1St quarter financial status report. 2. Do not accept the 2009 1St quarter financial status report. C. STAFF RECOMMENDATION: The City staff supports Alternative 1. D. SUPPORTING DATA: 2009 1St Quarter Financial Status Report. Year-end Investment Schedule. 2009 1St Quarter Financial Status Report The finance staff continues to work with the City's audit firm to complete the 2008 audited financial report. The goal is to have the report presented to the Council on June 8th in a workshop, similar to last year's presentation. This year's audit process has been much smoother than last year, with many of the issues discussed last year being cleared up. Once the report is completed the finance staff will be importing the data into the City's new financial system to duplicate the report. This will allow us to workout any system setup or programming issues, with the end results being that staff will create the reports in house for the 2009 audit and therefore savings funds on future audit costs. The 1St quarter was our first quarter using the new software. The financial system is working well and staff has been getting adjusted to the new processes verses the old system fairly well. Staff still needs to learn all the reporting features to best provide information to those who need it. In May we plan on implementing a purchase order system so that financial reports will not only show expenditures that have been paid but also expenditures for items ordered but not yet paid for. The payroll systems is also working with some issues which staff is working through. Even with the issues payroll is taking half the time to process on the new system verses the old and when fully implemented it should cut the time in half again. The utility billing system went live with last weeks billing, so we are just beginning to learn and use that system. Finally, in May staff will implement the accounts receivable process of the new system, so we should with some luck be fully integrated into the new system by the end of the second quarter. The City's 2009 1St quarter financial activity is very similar to 2008. Overall The 1St quarter of the year is generally relatively slow, with the largest activity being the February 1 St bond payments and operating transfers related to those bond payments. The City paid debt payment in the amount of $6,813,270 and transferred $2,424,640 to provide funds for those bond payments in the 1St quarter. In addition other fund transfers were made in 2009 to clean up or to move funds based on where past expenditures were spent but funding was provided in other funds. These transfers account for $1,877,316 of the revenues for 1St quarter 2009. Construction expenditures for City projects or building permit activities generally don't start up until the 2nd quarter of the year. The table on the next page compares budget to actual revenue and expenditures for both 2008 and 2009. Revenues: 2008 2008 % 2009 2009 _ Budget 1st QTR YTD Received Bud et 1st QTR YTD Received General Fund 7,479,449 132,711 1.77% 7,157,601 514,907 7.19% Special Revenue Funds 6,719,308 372,490 5.54% 6,632,144 2,308,191 34.80% Debt Service Funds 5,575,499 8,912 0.16% 6,192,140 2,432,519 39.28% Capital Improvement Funds 0 0 0% 4,495,643 0 0.00% Enterprise Funds 6,029,868 800,172 13.27% 6,257,325 924,227 14.77% Total Revenues 25,804,124 1,314,285 5.09% 30,734,853 6,179,844 20.11% Expenditures: 2008 2008 % 2009 2009 _ _ Budget 1st QTR YTD Spent Bud et 1st QTR YTD Spent General Fund 7,421,909 1,187,610 16.00% 7,157,601 1,581,418 22.09% Special Revenue Funds 7,039,100 210,302 2.99% 9,065,958 4,692,314 51.76% Debt Service Funds 5,962,793 5,490,391 92.08% 9,134,080 6,940,458 75.98% Capital Improvement Funds 0 0 0% 4,715,000 57,678 1.22% Enterprise Funds 7,174,908 1,390,006 19.37% 7,960,546 1,626,487 20.43% Total Expenditures 27,598,710 8,278,309 30.00% 38,033,185 14,898,355 39.17% The rest of this report will summarize the activity of each fund type. General Fund General Fund revenues for 2009 are very similar to revenues for 2008. The exception is intergovernmental revenues, miscellaneous revenues and the transfer from other funds. The 2009 intergovernmental revenues include $9,984 for the NRI grant the City received. Miscellaneous revenues include an insurance reimbursement of $13,058 for last year's hail storm damage to city property. The $350,000 transfer is for the land purchase for the possible new public works site. The land purchase in 2007 was paid from the General Fund, but $350,000 was set aside in the Capital Revolving Fund for this project, so the transfer uses those funds and reimburses the General fund for most the land purchase. 2008 2008 % 2009 2009 Budget 1st OTR YTD Received Bud et 1st QTR YTD Received Property Taxes 5,743,929 0 0.00% 5,272,397 0 0.00% Licenses & Permits 592,295 55,708 9.41% 591,900 53,598 9.06% Intergovernmental Revenues 259,790 39,763 15.31% 498,056 64,378 12.93% Charges for Services 469,700 28,898 6.15% 383,950 26,276 6.84% Fines & Forfeits 150 75 50.00% 750 35 4.67% Miscellaneous 367,195 8,267 2.25% 291,452 20,620 7.07% Transfers from Other Funds 46,390 0 0.00% 119,114 350,000 293.84% Total General Fund Revenues 7,479,449 132,711 1.77% 7,157,619 514,907 7.19% The biggest concern right now is building permit revenue. In 2008 the City collected $53,453 for building permits through the 1St quarter. In 2009 the City has collected $52,984. In 2008 the only reason permit revenues exceeded budget was due to the hail storms over Memorial Day weekend. While there are still a number of homes and businesses that still need to pull permits and have work done to them, I believe this revenue source will fall short of the $525,000 budgeted as revenue. Staff will monitor building permit activity over the next couple of months and based on revenues received may request some sort of council action to adjust budgets accordingly. On the expenditure side the City has spent 22% of its budget. While it may seem reasonable to expect the City to have spent 25% of their budget a quarter of the way through the year, the reality is the majority of expenses occur in the summer and fall of the year. There are some accruals that have not been integrated into the new system from the old software system which will reduce the .actual 1St quarter 2009 numbers. These include payroll accruals from 2008. The table below compares 2008 and 2009 budget to actual expenditures by department. 2008 2008 % 2009 2009 Budget 1st QTR YTD Spent Bud et 1st QTR YTD Spent General Government 1,531,524 250,600 16.36% 1,441,244 373,615 25.92% Public Safety 1,960,553 340,339 17.36% 1,977,997 469,185 23.72% Public Works 2,685,593 449,847 16.75% 2,524,089 607,770 24.08% Miscellaneous 384,665 14,140 3.68% 345,601 43,112 12.47% Parks 816,113 77,763 9.53% 793,974 67,700 8.53% Economic Development 43,461 20,470 47.10% 74,714 20,036 26.82% Total General Fd Expenditures 7,421,909 1,153,159 15.54% 7,157,619 1,581,418 22.09% The general government department appears to be slightly over budget amounts (over 26% spent), but this is due to some one time expenditures which took place in the 1St quarter. These one time expenses include the purchase of the large ledger size copier/printer/scanner for $14,000, computer replacement purchases of $9,139, one-third of the budget for newsletters, and an operating transfer of $80,000 to the Capital Revolving Fund for the funds reserved for the DMV building improvements. Over the course of the year these activities will end up close to budgeted amounts. The public safety department has spent 24% of its budget, but this is largely due to an operating transfer of $80,000 from the inspection activity to the Capital Revolving Fund of funds reserved for the garage/storage building. The public works department has also spent 24% of their budget so far. Reasons for this include expenditures for the purchase of the new sweeper ($180,094) and the pay out of severance benefits to the retired public works director ($16,160), both one time expenditures. Again the expectation would be for this department to finish the year at or below budget. The budget for the miscellaneous department and the parks department appear to be considerably below budget, but both of these activities have the majority of their expenses in the spring, summer and early fall. Finally, the economic development department has spent 27% of its budget due to the payment of membership dues to various organizations that were due the first part of the year. In summary I believe the General Fund is on target to end the year at or below budgeted expense amounts. I also believe revenues should also finish the year near budgeted amounts with the exception of possibly building permits, which staff will monitor closely the next few month to see if any adjustment need to be made to City budgets due to revenue shortfalls. Special Revenue Funds Special Revenue Funds are funds which the uses of their revenues are restricted for specific purposes by a governing body. The City currently operates 14 special revenue funds, each with their own budget. Funds such as the Library, Shade Tree, Street Reconstruction and Community Center all depend on a property tax levy to help support their activities. The table below compares each Special Revenue Fund's revenue budget to actual revenues for 2008 and 2009. Special Revenue Funds Library Fund Street Reconstruction Fund Minn Investment Fund EDA Fund Deputy Registrar Fund Shade Tree Fund Community Center Fund Park/Pathway Dedication Fund OAA Fund Capital Projects Revolving Fund Street Light Improvement Fund Water Access Fund Sanitary Sewer Access Fund Storm Sewer Access Fund Total 2008 2008 % 2009 2009 Budget 1st QTR YTD Received Bud et 1st QTR YTD Received 39,100 0 0.00% 38,225 437 1.14% 570,535 2,510 0.44% 541,104 294,972 54.51% 19,795 1,479 7.47% 32,884 0 0.00% 1,261,875 5,914 0.47% 1,261,270 1,369,167 108.55% 275,000 23,847 8.67% 282,460 72,190 25.56% 36,215 2,493 6.88% 50,134 0 0.00% 2,520,150 321,126 12.74% 2,472,716 342,868 13.87% 172,113 1,398 0.81% 286,634 0 0.00% 7,310 0 0.00% 125 0 0.00% 219,105 1,585 0.72% 182,825 161,315 88.23% 280,000 0 0.00% 251,275 67,242 26.76% 212,233 1,385 0.65% 149,007 0 0.00% 793,304 8,802 1.11% 697,455 0 0.00% 312,573 1,948 0.62% 386,030 0 0.00% 6,719,308 372,487 5.54% 6,632,144 2,308,191 34.80% The total revenue budget for all Special Revenue Funds is $2,308,191 of which $1,525,000 is from transfers from other City funds. The Library, Street Reconstruction, and Shade Tree Funds major revenue source is property taxes and the Community Center and EDA also receives property taxes, which will not be received until July. The main revenue source at the DMV is the fees from the sale licenses and permits, which the City has collected 25% of its budgeted revenues. While the Community Center has collected 30% of its membership fees and activity related fees so far. On the Expenditure side all funds have spent 52%, most of which is transfers to Debt Service Funds for their share of the 2009 debt payments. These are one-time transfers made at the beginning of the year for the February debt payments. How the actual expenditures finish the year compared to budget will depend on various capital projects approved by Council during the summer. The chart on the next page shows the Special Revenue Funds budget to expenditures. Budget to Actuals -Expenditures 2,500,000 2,000,000 1,500,000 t,ooo,ooo 500,000 ~°a ~°a o°a o°a o°a o°a °a a oa ca c~' a a ~ F c ~ F c ~ ti ~o ~ ~ o o o o ~ ~J Q Q oc JC Jc~ ~D~ ~~~ e~ ~~P ~`~a c~e ~~ ~~~ P~ ~c e°~ 5~ 5~ ~ o ~o .> ~~ e~ e e v ~ ~ 5 5 o ,o ems ~ ~ ~ y pc , c c ~~ a 5r'° pea JC~1 , G ~ ~P Q~° y~~ `P y ~P ~~ ~c epJ ~a~ ~~ ~e ~ ~ ti e e G~ ~~ `~ z ¢~ O r ~ ~ ~r ~, ~ ~ de 5 ~ G ,~\Q ~ Q c1 a~ ~ti y~ ot~ ~ Q ``~ c ~~ Q a ~ ~ G ~ Budget ^ 1st QTR YTD Debt Service Funds The City has made its debt payment for February, which generally included the principal payment due for the year and only leaves an interest payment in August to be paid. As part of the February payment, the City redeemed the 2003A improvement bonds, thus reducing future property tax levies for debt service. On the revenue side most of the transfers of City funds for the City share of debt payment have been made and first half special assessments collection will take place in July. Overall the City has outstanding debt of $68,610,293, which included the $26,445,000 the City has in escrow for the Telecommunications Revenue Bond. This number is high for a City of our size, but it has a lot to due with the financing of the interchange project, which still has bonds outstanding of $20,415,000 and the Telecommunication Revenue Bonds listed above. I say this because the common tool for comparing debt from one City to another is debt per capita and I often see these ranging from $700 to $1,500, but if we used a population of 12,000 for Monticello, our debt per capita would be over $5,700. But again you can point to the interchange, waste water treatment plant, fiber project, and community center projects as good reasons to be high and does not mean the City is in bad financial health. The City's next debt payment is due August 1St, 2009 in the amount of $1,201,561, of which only $381,000 is for the retirement of bond principal. Capital Project Funds In the past the City did not budget revenues or expenditures for the City's capital projects. The 2009 budget did include revenue and expenditure budgets based on the projected capital improvement plan. However most of these activities take place in the summer months due to Minnesota weather. In fact the only activity was a payment to LaTour Construction for the reconstruction of the Chelsea Road Project in the amount of $57,678. Enterprise Funds The City has five Enterprise Funds that it operates. These are operations that the City runs like a business activity. The City will bill first quarter water and sewer charges in April. This will be the first billing on the City's new software. The Liquor and Cemetery Funds receive their revenues on a pretty consistent basis throughout the year, with December for the Liquor Fund being its busiest period. Finally the FiberNet Monticello Fund is still in the start up phases and has no revenues to really speak of as of yet. Below is the table of budget to actual for the Enterprise Fund revenues for the past two years: 2008 2008 % 2009 2009 Budget 1st QTR YTD Received Bud et 1st QTR YTD Received Water Fund 932,558 0 0.00% 973,375 0 0.00% Sewer Fund 1,395,140 0 0.00% 1,485,950 7,403 0.50% Liquor Fund 3,665,570 817,699 22.31 % 3,742,000 920,041 24.59% Cemetery Fund 36,600 6,775 18.51% 31,000 8,370 27.00% FiberNet Monticello Fund 0 0 0.00% 25,000 1,806 100.00% Total 6,029,868 824,474 13.67% 6,257,325 937,620 14.98% On the expenditure side there are no big surprises either. The Sewer Fund is over 17% spent due to payments for the construction cost of the storage garage and the mixer, which were not budgeted, but the project was approved in late 2007. The FiberNet Monticello Fund has spent $192,504 to construct the head end building, fiber loop projects, and a small amount of administrative expenses for marketing and consulting fees. Below are the expenses for the Enterprise Funds: Water Fund Sewer Fund Liquor Fund Cemetery Fund FiberNet Monticello Fund 2008 2008 % 2009 2009 Budget 1st QTR YTD Spent Bud et 1st QTR YTD Spent 1,195,843 196,423 16.43% 1,165, 368 95, 720 8.21 2,249,437 466,082 20.72% 2,402,754 421,779 17.55% 3,694,016 680,287 18.42% 3,714,926 913,226 24.58% 35,612 3,557 9.99% 35,498 3,258 9.18% 0 43,656 0.00% 642,000 192,504 29.99% Total 7,174,908 1,390,005 19.37% 7,960,546 1,626,487 20.43% All of the City's enterprise funds appear to be on pace to finish the year at or below budgeted expenditures, with revenues covering all of the operations and some of the depreciation of the system assets. The FiberNet Monticello Fund is the one exception, that if funds become available the construction of the entire system could be completed and this fund would exceed its budget accordingly. Investments Finally, the City's investment activity has been relatively minor. At the end of the year the City had $35,523,612 invested at an average interest rate of 4.37% and an average yield of 4.48%. This compares to $26,764,160 at an average interest rate of 4.21 % and average yield of 4.28% at the end of March. The City has not lost any of its investments due to the troubles of the financial markets however the City has had a number of Government Securities called early. All of the City's CDs are covered by FDIC and should not be at risk. The breakdown of the City's investments is below: Investments by Type FHLMC FHL Money Markets CD's FFCB FNMA FHL =Federal Home Loan; Money Markets =Government Security Money Market Funds; CD's = Certificate of Deposits; FNMA =Federal National Mortgage Association; FFCB =Federal Farm Credit Bank; FHLMC =Federal Home Loan Mortgage Corporation. All of these investments meet State and City investment requirements. Attached are the investment holdings of the City as of March 31St Conclusion Collection of revenues through March of 2009 is very similar to collection in 2008. The major difference is the recording of operating transfers into funds from other City funds. Another similarity to 2008 is the revenues received for building permits, which is below anticipated levels again and will need to be monitored over the next couple of months. However based on the first quarter of the year, it does appear there will be a revenue shortfall in building permit revenues. Expenditures are on target through the first quarter of the year to end the year near or below budgeted amounts. However for many departments, expenditure activity picks up over the summer months. The new financial system and available reports should help staff monitor these expenditures better than in the past, so the City is more capable to remain at or below budget over the course of the year. 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N ~ r N M M ~ h N M r M n N M ~ ~ N V M N N O r N M d 0) O h Q) W~ OD tr 47 O O O h 67 p O N T W O 7p 7b h h W rT V (fl b r O O r O O D O O O r = = O O O r ` 0 0 = 0 0 0 0 -O 0 ` 0 0 N 717 !O O M M t= N ~ lf] V V 1U d' M 1f7 ~ M N 1= O~ b CO V r M it7 O h r ~ ` r r ~ N r ~ N M M O r r ~ r M r N N r N O O N r r r M (p M O h fV 1D N r V C V V 1 117 t~ r (~ ~ r M O (fl M M M M M d' ~h ~t [t cY 1(] 7n 1!7 M M tD h M W M b 07 d O O O r N M M M M M f0 to t>Q M aD O O t9 00 1~ O (~ O r a r r r 1!') `- 40 +- W 4 61 r O] r CO r [` r 117 r CO ' r 1~ 1~ r =7 r 47 r ~ r ~ 1` M 1` d" N M C_V to ~V ` LV M C_V r ~V fJ (` 7j) N W NE r (=1 ti N V N r N M ~ 117 ,~ O ~'1 h = N C`~J r l=7 r r r N 1`( N N r ~ V r ~ N N ~ r N ~ M M ~ r r `_' (0 ~-- N N In ~ p r N N r = r M N M M V 10 N r M f~ r T r r r M I~ N M r N M V 40 ~ (~ N C~ 00 0 r N r r 7'7 Q1 (D Council Agenda: 4/27 /2009 SC. Consideration of approval of final payment for Proiect 2007-19C, WWTP vehicle storage building. (B.P.) A. BACKGROUND INFORMATION: City project 2007-19C, Monticello Waste Water Treatment Plant Vehicle Storage Building has been completed. A reduction change order in the amount of $350.00 brings the final total of the project to $266,397.00, including the retainage held in the amount of $12,682.00. Payment of this retainage shall represent the final acceptance of the project, and begin the warranty period. In accordance with the contract documents; based on on-site observations and the data comprising this project, the Architect has certified to the City of Monticello to the best of the architects knowledge of information and belief that the work contracted has been completed as indicated. The quality of the work is in accordance with the contract documents and the contractor is entitled to payment of the retainage held in the amount $12,682.00 certified in the contract documents. a. Budget Impact: $12,682.00 b. Staff Workload Impact: None B. ALTERNATIVES: 1. The first alternative is a motion to approve final payment of project 2007-19C. 2. The second alternative is to not approve final payment. C. STAFF RECOMMENDATION: It is the recommendation of Staff that Council motions to approve final payment of project 2007- 19C. Contractors work has been completed and inspected by staff which meets quality, standards and our expectations. D. SUPPORTING DATA: Copy of Change order #2, Pay request # 7 and IC 134 forms. .! RECEIPT AND l/VAIVER OF MECHANIC'S LIEN RIGHTS Date: 4/2/2009 The undersigned hereby acknowledges receipt of the sum of ~ 12,682.00 CHECK OILY ONE 1) ®as partial payment far labor, skill and material furnished 2) ~as payment for all labor, skill and material furnished or to be furnished (except the sum of retainage or holdback) 3} ®as full and final payment for all labor, skills and material furnished or to be furnished to the following described real property: (legal description, street or project name) Monticello Vehicle Storage Building Monticello, Minnesota and for the value received hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said the real property for labor, skil{ or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all materials furnished by the undersigned has been paid for, and afl subcontractors employed by the undersigned has been paid in full, EXCEPT: NOTE: If this instrument is executed by a corpora- tion, it muss be signed by an officer, and if executed by a partnership, it must be signed by a partner. KUE Contractors Inc By Vi e Preside. t (Title) P. .Box 408 (Address) Watkins, MN 55389 P/ease sign and return to: KUE Contractors Inc. 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 SECTION 00991- CHANGE ORDER (Instructions on reverse side) No. 2 __ PROJECT: Monticello Vehicle Storage Building DATE OF ISSUANCE: April 1, 2009 EFFECTIVE DATE: April 1, 2009 OWNER: City of Monticello, Minnesota ENGINEER'S ProjectNo.: M21.039935 CONTRACTOR: KUE Contractors, Inc. ENGINEER: Bolton & Menk, Inc. You are directed to make the following changes in the Contract Documents. Description: Credit to allow CMT and flexible conduit at approximately 46" above finished floor. Project specifications require rigid conduit below 48" Reason for Change Order: Acceptance of work that meets building code and state electrical code requirements but not project specifications. Attachments: (List documents supporting change) Credit from CR Electric Revised 3/25/09 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion :240 days $ 260647.00 Ready for final payment :300 days Net changes from previous Change Orders No. 0 to No. 1 Net changes from previous Change Orders No. 0 to No. 1 $6100.00 0 days Contract Price Prior to this Change Order Contract Times prior to this Change Order Substantial Completion :240 days $ 266,747.00 Ready for final payment :300 days Net Decrease of this Change Order Net No Change of this Change Order $350.00 0 days Contract Price with all approved Change Orders Contract Times with alt approved Chaoge Orders Substantial Completion :240 days or dates $ 26b.397.00 Ready for final payment 3 00 days or dates RECD APPROVED: By: By: gm Authorized Sigiature) Owner (Authorized Signature) Date: ~ ~ Bate: EJCDC No. 191 OC8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. M21.039935 -Monticello, MN CHANGE ORDER Vehicle Storage Building PAGE 00991-1 CREDIT CR ELECTRIC. INC. P.O. BOX ?A4 WINSTED, MN 66396 1 3Z0-485~31T6 1.886~~4T8 FAX 120-486-4895 TOTAL OF CREDrI' LABOR AND MATERIALS REVISED 31x51 DATE: x20/2009 KUE C~>WT'RACTOR9 NONTICELLO VEHICLE X60.00 CREDIT FOR UfiiNG EMT ON WEST WALL. RECEPTACLES BELOW d8" ALSO HAVING FLEX BY TRANSFORMER BELOW 48" 5~~ •"•NOTE9••• THIS 1S THE J7JFFERENCE TO INSTALL RIGID CONDUJ7 8E7WEEN BOXES 1NS7ALL R1G/D CONDUIT ON TRANSFORMER WHIP /F CRED-T NOT ACCEPTED WILL. REPLACE A TTHESE LOCr4T/ONS 1N1T1~lOUT BtlILDING lNTEGRITYAFFECTED THIS auoraTloN ~ sue,lEaT To CORRECTION I'oR c~.ERtCAL ERRORS. ALL IMATi:R1AL IS ~iUJ1RANTElED Ti0 BE AS SPECIRED. ALL WORK T~0 BE COMPLETED INA WORf(IVIIANLIKE MANIiERACODRDINGTO STANDARD PRACTICES. ANY ALT13tATIDN GR DEVIATION FROM ABOVE SPECI FICATIONS INIAOLVWt3 EXTRA 00a3TS YNLL BE EXECUTED ONLY UPON NRtR7FJ~1 ORDERS, INDUSTRY MATERIAL COSTS ARE E7~TREMELY VOLATILE AT THI6 TI11E, ANY PRICE INCRSASl~ OR DECxiEASES 1MLL BE BILLED TO CUS'T01AER BASED ON COST OF IYMTL'RIAL AND YYlt.l. BECOME AN l9CTRA CFIARGE OVdI AND ABOVE TIi6 6S'11MATE. ALL AC~NTS CON71N(iEJ~IT UPON STRII~B, ACCIDENTS, PRODUCT DELAYS, OR VYEAT11EiCDELi1Y8 BEYOND OUR CONTROL. OWNERTO CARRY FIRE,'l~OMIADO, AND OTHER NEC6SSAR7 INSURANCE. OUR WORKERS ARE FULLY COVERED BY 1AtORidNAIV'S CONPENSATK7N INSURANCE. AOCERTANCE ~ CHANOE ORDER THE PRICES, SPECIFICATIONS AND CONDIT70NS ARE SAT]SFACTORY . AND HERESY A(~CEPTED. YOU ARE AUTHORIZED TO DO THE WORK A$ SPECIFIED. PAYMENT WILL 9E MME AS OU111NED ABOVE SIC31+tATURE 1/1 DATE ~~d 88660 !i0 5Z ~gV+ ~CUST: City of Monticello,lfN 505 Walnut Ave.Suite 1 Monticello, ERd 55362 FAOdf: RIDE CONTRACTORS, INC 130 Central Ave S WATIQNS, 241 55389 JOB DESCRIPTIOtI: JOB;Monticello Vehicle Storage Bld SOS Walnut Ave.Suite 1 Monticello, MN SS362 ARCHITECT:Balton & Menk, Inc. 7533 Sunwood Drv.Suite 206 Ramsey, t~7 55303 APPLICATI0~1 NO: 7 PERIOD El®ING 01/31/09 CONTRACT NO: CONTRACT DATE: 01/29/08 Page: 1 ( CHANGE ORDERS I I--------------------------------- --------------------I I I ADDITIONS I DEDIICTIONS I ORIGINAL CONTRACT At~UNT ............................. $ 260,647.00 I I I I TOTAL c~NGE ORDER AMDIINT ............................ s 57 5 0.00 I PREVIOIIS TOTAL I .00 I .00 I I-----------------------------------------------------I TOTAL CONTRACT INCLUDING CHANGE ORDERS ............... $ 26 639 7.00 I -----cDRRnar----- I I I AMOUNT caMPLETm To HATE ............................. s 266397.00 1-----------------------I I I RETAINAG£ - .004 OF WORK COMPLETED................ s .DO I Number Date I I I .004 OF STORED 24-TERIAL I-----------------------I I 26 63 9 7 00 I . COMPLETED TO DATE LESS RETAINAGE..................... $ t CO #01 01/27/09 I 6,100.00 I I I CO#02 I I 350.00 I PREVIOUS AMOUNT BILLm ............................... S 253715.00 ( I I I SALES TAB ............................................ s .00 I i t I cURRENa' AMOUNT HUE ................................... S 1 2682.00 I i 1 I I----------------------------------------------------- AMOUNT REMAINING ..................................... s .00 I I TOTALS To DATE t 6, loo. oo t 350.00 I -------------------- ---------------------------------I I ~T AMOUNT i 5750.00 I -- -- ------------- ------------------------------------ ARCHITECT'S CERTIFICATE FOR PAYhffidT --------------------------------------------------------------------------- The undersigned Contractor certifies that to the best of the Contractor`s knowledge, information and belief the Work covered In accordance with the Contract Documents, based on by this Application for Payment has been completed in accordance on-site observations and the data comprising this with the Contract Documents, that all amounts have been paid by application, the Architect certifies to the Owner the Contractor for Work for which previous Certificates for that to the best of the Architect's knowledge, Payment were issued and payments received from the Owner, and information and belief the Work has progressed as that current payment shown herein is now due. indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is CONTRACTOR: 3SS7E CONTRACTORS, INC. entitled to payment of the AMOUNT CERTIFIED, r~"+~ AMOUNT CERTIFIID ..................$ J ~ ? ,~:L,J (Attach explanation if amount certified differs from the amount applied for, initial all figures on this Application and on the Continuation Sheet that are changed, confo ` the amount certifie ) ARCHITE~ BY: ~ DATE: 1 G'/ This Certific is not negotiable. The AMO CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Accepted by Date City of Nbnticello sy: ~-~"'-- DATE: 4~2~2009 amen R, c i e State f: Min o a County of: Stearns Subsc ibed and rn to before me this 2 day of April Notary Public: ~~ My Commission expires: January 31, 201D ~~~HEATHER~q{~DN/EHR ~} ~`" ~lotary F'u5fic ~:~, ff •v~` ~Rinn~sof~ My Gorcnnisson expires January 31, 2010 ob Number.: 2804 Monticello Vehicle Storage Bld grojeet M : Application No.: 7 Invoice Number 1078 Period From: 12/01/08 Thru: 01/31/09 ----------------------- ----WORK COMPLETED-^-- ITEM SCHEDULED PREVIOUS THSS STORED NUAffiER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS 01000 General Requirements 45,847.00 45,847.00 .00 .00 02220 Excavation & Backfilinq 8,300.00 8,300.00 .00 .00 02550 Site Utilities w/15000 .00 .00 .00 .00 02600 Roads,Walks & Curbs 10,700.00 10,700.00 .00 .00 03100 Concrete Formwork w/3300 .QO .00 .00 .00 03200 Concrete Reinforce/03300 .00 .00 .00 .00 03300 Cast-in-Place Concrete 35,200.00 35,200.00 .00 .00 04100 Mortar & Grout w/3300 .00 .00 .00 .00 04150 Masonry Aecess. m/3300 .00 .00 .00 .00 04220 Concrete Masonry w/3300 .00 .00 .00 .00 05500 Misc. Metal Work 3,000.00 3,000.00 .00 .00 05520 Handrails & Rail.w/5500 .00 .00 .00 .00 07210 Building Insul.w/13120 .00 .00 .00 .00 07900 Caulking & Sealants 1,100.00 1,100.00 .00 .00 08110 Doors b Frames 4,500.00 4,500.00 .00 .00 08360 Upward Act Sect.Doors 9,400.00 9,400.00 .00 .00 08500 Windows 1,800.00 1,800.00 .00 .00 08700 Hardware w/8110 .00 .00 .00 .00 08800 Glass 6 Glazing m/8500 .00 .00 .00 .00 09900 Painting 1,500.00 1,500.00 .00 .00 10250 Safety Devices s00.00 500.00 .00 .00 10400 Identifying Devices 1,500.00 1,500.00 .00 .00 13120 Pre-Engineer Blding 57,000.00 57,000.00 .00 .00 13121 Pre-Engineer Bld-Labor 17,500.00 17,500.00 .00 .00 15000 Plumbing 25,000.00 25,000.00 .00 .00 15001 BVAC 15,700.00 15,700.00 .00 .00 16000 Electrical 22,100.00 22,100.00 .00 .00 20100 Change Order ~i01 6,100.00 ~ , GiQ .00 6 TlOb-OC' .00 J o b T o t a l s 266,747.00 250..5A1.r68- -6 .J.0&rV0" "~ .00 ~ ~V/b'~~~ Ir~ 1 f~ gyp/ ca Gho,..ayG. ~~ zSE0Z ~35v p°~ /- ~ o~rQ~ /~"ec~- /orsa~ ,~ ZG4~39~-.~ Page Number 2 COMPLETED AND STORED BALANCE TO DATE ~ TO FINISH RETAINAGE as,ea7.oo loo .oo .oo 8,300.00 100 .00 .00 .00 0 .00 .00 10,700.00 100 .00 .00 .00 0 .00 .00 .00 0 .00 .00 35,200.00 100 .00 .00 .00 0 .00 .00 .00 0 .00 .00 .00 0 .00 .00 3,000.00 100 .00 .00 .00 0 .00 .00 .00 0 .00 .00 1,100.00 100 .00 .00 4,500.00 100 .00 .00 9,400.00 100 .00 .00 l,eoo.oo loo .oo .oo .00 0 .00 .00 .00 0 .00 .00 l,soo.oo loo .oo .oo 500.00 100 .00 .00 1,500.00 100 .00 .00 57,000.00 100 .00 .00 17,500.00 100 .00 .00 25,000.00 100 .00 .00 15,700.00 100 .00 .00 22,100.00 100 .00 .00 6,100.00 100 .00 .00 266,747.00 100 .00 .00 DEC ~ ~ ~OQ~ MINNESOTA REVENUE `11VithhOl~ing affidavit far C®ntractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. l~~..~4 Please type or print clearly. This will be your mailing label for returning the completed form. ------------------- rCompany name ` Daytime phone Minnesota tax ID number I KUE Contractors Inc i 320-764-2525 1551976 ' Address ~ Total contract amount 130 Central Avenue South P.O. Box 408 ~ $ 260, 647.00 City State Zip Code Amount still due Watkins, MN 55389 ~ $ 13, 032.00 Month/year work began May 2008 Month/year work ended December 2008 Project number Project location ~ 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 0 ~ ~ Project owner Address City State Zip code 'o ~ City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 ~ o ~ Did you have employees work on this project? QYes~ No If no, who did the work? Check the box that describes your involvement in the project and fill in at! information requested. ^ Sole contractor ^ Subcontractor Name of contractor who hired you Address 0 Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 ~ affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor °; you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, c attach a separate sheet. ~. Business name 4ddress Owner/officer c Dennis Fehn Gravel & Excavating Inc. Albertville, Minnesota U Omann Brothers Paving Inc. Albertville, Minnesota DRSC Concrete Inc. Rice, Minnesota Sunrise Specialty Contracting Big Lake, Minnesota Garage Door Store Waite Park, Minnesota Heartland Glass Waite Park, Minnesota 1 declare that all information 1 have frlled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project. including sending copies of this form, to the prime contractor if i am a subcontractor, and to z any subcontractors if f am a p,•ime contractor, and to the contracting agency. C Title Date Vice President 12/17/2008 Mai o: Min s evenue, Mail Station 6610, St. Paul, MN 55146-6610 Certificate of compliance Based on ords of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Dep , enj~f eveapp 1 ~ Date DEC 2 3 2~OE ~~ Stock No. 5000134 (Rev. ij 07) a Ec ~ s ~oa~ Attachment to KLTE Contractors Inc. IC-134 Additional Subcontractors for Monticello Vehicle Storage Building Business Name Phil G Painting Inc. Jarman Brothers LLC Voss Utility & Plumbing Aric3re~c Cokato, Minnesota Dassel, Minnesota Hanover, Minnesota Precise Refrigeration Heating & A/C Inc. St. Joseph, Minnesota CR Electric Inc. Winsted, Minnesota MINNESOTA• REVENUE ~~ 18 ~00~ ~C~~4~ ~iiithhotd6ng Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. r Company name ~ ^ ~ Daytime phone Dennis Fehn Gravel & Excavating Inc. , ~b'3- ~'I'~17- ,~ ~ a~ Address (',u: C3ox ~,S(o I City Sta Zip Code ~ l F~\ k~-t~v`~~\~e 1~1~ ~ 30 ~ J Total contract amount ~ 1°~~ ~ ao:~3 Amount st II due Minnesota tax ID numb< 3'I 13 t a Month/year work began o~~o~ nth/year work ended `~~og Project number Project location ~ 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 o - ' ~ Project owner Address City State Zip code 'a ~ City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 Q, o C Did you have employees work on this project? Yes^ No If no, ~a~ho did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Soie contractor ~ Subcontractor Name of contractor who hired you KUE Contractors Inc. Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 ^ Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 ~ affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor °; you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, c attach a separate sheet. ~ Business name Address Owner/Officer ~+ C O 1 declare that all information I have frlled in on this form is true and complete to the best of my knowledge and belief. 1 authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to a bcontractors if 1 a prime contractor. and to the contracting agency. .~ Co `rad~ is signatur Title D to ~ / C~ di~/G l'e- V ~ Mail ta: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Certificate of CompEiance based on records of the "~"innesota Department of Revenue, !certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Departm~rN of ~v nue rov ,~'1~ ~ ~ Y ~~~te ~ 3 ^oOp ~. ~ ~ ~ Stock No. 5000134 (Rev. i/07) 1Z-D5-' D8 15; 56 FF30P9-Omann Brothers ~~C ~ ` ~~ ~~~l~r~rt:~c;~~t~~- tzl;:~~~~.~._~~k: Coe~tractor's ~ilit~holding l~fEida~it Confirmation ~~i~4h9~V ~FtfJ~'Q°i~~~ i6'~$C 763-497-8161 T-321 PC~f~1rr©~1 F-76~ !C1 :~6~'1~33 I~ie~se keep this irrl=®rmatiort for yc~i~r reGOrd~. Submit ~ c~p~ ~~ ~hi~ page tc the bu~Ei~e~~ ~h~t hired feu to receive yaur ~ii~a( ~~~lmec~t. ~~~~~e~~~~~~~r~ ~ac,~~b~~ ~r~~~~~ ~~~° ~~-~~~~~ rn~~~~ra ~r~~~t;~ ~~~i~ ~~~~ ~~~~~~t ~r~ ~~~~ ~rc~~~~~ i~~~~~~~ ~3336t~ Sri C}ec a~ 1 ~:5~:~7 ~~T ~Q08 ~I~~ al= !t!i®f~YICELLC~ ?_00?'-~l ~C t~ctc~ber ~0~~ ~ctaber 2t~~g ~t~NTI~ELLC~ ~FEH[~LE ~TQI~'A~~ ~!~[LUiN~, I~JC~l~Y1~ELLG?, I~~ IUo ~ubc~~tracte~r~ liste~l_ hops://«~n~,~.mndor.state.mn.us/vve/action/conftrmatianPzint 12/5/200 c 16 08 04:04p DEAN DEC ~ ~ Zppp ;4~tINi`tES{3TA• RFViF~'UF Contractor's 1~VPithholding Affidavit Confirmaition D R S C CONCRETE INC fD 2473235 320 393 4804 Please keep this information far your records. Submit a copy of this page to the business that hired you to receive your final payment Confirmation number 235412 Tue Dec 1S 14:38:5G CST 2G08 Project owner CITY OF MONTECELLO Protect number 2804 Project begin date August 2008 Project end date November 2008 Project location MONTICELLO MN Subcontractors No subcontractors listed, p.1 k'age 1 of i hops ;l/wtiuu•_mndor.mate.mn.uslwc/action/confirrnationPrint 12/16IZOQ8 MINNESUTA• REVENUE ~~L ~ ~ ~~ iC~~~ l~iifit~holding affidavit for ~OntraCtors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make finai payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. ~ ~ ~ ~ ~ F ~,~ r Company name 1 ~ Daytime p on ~ Minnesota tax Sunrise Specialty Contracting ~, ~ ~ ~~~/~~ IAddress ' ~ tal contract amount \ ~ U Month/ ar w r gan -- ~ tt~et 17060142nd S ~ City p Code ~ 6ig Lake, t 55309 I Amount still due t7 ~ $ ~ Mont / ar ~ ~ rz nded -~~ ---------------- --- /d~~~ (1 G Project number Project location c 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 raj '~ Project owner Address City State Zip code d 'o ~ City of Monticello 505 Walnu~treet-Suite 1 Monticello MN 55362 a c c Did you have employees work on this project? ~+(es^ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Sote contractor 0 Subcontractor Name of contractor who hired you KUE Contractors Inc. Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 ^ Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 ~ affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor .A you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. `o Business name Address Owner/Officer +`+ c O Cd 1 d c re that all information 1 have frlted in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- en o disclose pertinent information relati g to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to ~ any bcontractors if t am ri e c trac r, and to the contracting agency. y~ Con tor's signature Id f~f~ident D to ~ Dennis Nlo, , ~~ ~ y M to: Minnesota Revenue, Mai ation 6610, St. Paul, MN 55146-6610 Certificate of C€~~tpiiance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval Date SEC 2 3 ?~pg ~e ~® E9 l1 _ i! 4 Stock No. 5000134 (Rev. 1jO~) Contractor's Withhatding Affidavit Confirmation Utl, 1 ~ LUUd A P I GARAGE DOOR INC ID 2035079 TWIN CITY GARAGE DfJC}R CU Piease keep this information far your records. Submit a copy of this page to the business that hired you to receive your final payment Confirmation number 230066 Wed Nov 19 10:28:50 CST 2008 Project owner CITY OF MONTICELLO Project number 2804 Project begin date October 2008 Project end date Oatober 2008 MONTICELLO VEHICLE STORAGE BLDG 1401 HART BLVD MONTiCELLO P~iN Project location 55362 Subcontractors No subcontractors listed. rage i or i ~~ ~ ~ ~po~ Contractor's Withholding Affidavit Confirmation HEARTLAND GLASS C® INC ID 1077462 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 230594 Thu Nov 20 16:31:48 CST 2008 CITY OF MONTICELLO 2804 September 2008 September 2008 MONTICELLO VEHICLE STORAGE BUILDING No subcontractors listed. https:l/w-ww.mndor.state.mn.us/wc/action/confirmationPrint 1 (/20/2008 Page 1 of 1 u`e ~ 8 2008 MI~lI*~IESt~TA• EtEVEh~fUE Contractor's Withholding Affidavit Confirmation PHIL G PAINTING INC ID 15$6252 Please keep this information far your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Praject number Project begin date Project end date Praject location Subcontractors 228290 Wed Nov 12 14:21:26 CST 2008 CITY OF MONTICELLO 1 October 2008 Noverrrber 200a MONTICELLO. MINNESOTA No subcontractors listed. https://www.mndor.state.mn.us/wc/action/confirmationPrint 11 /12/2008 MINNESOTA• REVENUE Please type or print clearly. This will be your mailing label for returning the completed form. ------------------- rCompany name ~ ~° yt11ime phone C tvl' n ota to I number Jarman Brothers LLC I Jdd ~ ~S = f ~7 ~ ~ ~ ~?SC Adcy4~ ~ ~ ~ ~ I Total contract amount ~^~ Month/yea or~egan _Y//~C/ ~- (J (City State Zip Code I Amou tilt due Mon h/y ar work ended Withholer~g ~ffida~it far Gor~tractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. c ,,, o U ~ GI O a`w c m a 0 .. v C O U Project number Project location 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 Project owner Address City State Zip code City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 Did you have employees work on this project? ^Yes^ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Sole contractor ~ Subcontractor Name of contractor who hired you KUE Contractors Inc, Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 QEC I S 2008 ~G~~~ ^ Prime contractor-If you subcontracted out any work on this project, al{ of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner/Officer 1 declare that alt information t have filled in on this form is true and complete to the best of my knowledge and belief. !authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if 1 am a prime contractor, and to the contracting agency. ~ Co ract r' signa re Title to Ui Mail to: M' nesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Gertificate of Gompiiartce Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income ta>: from wages paid//////t~~~~~~o em loyees rel~ting to contract services with the state of Minnesota and/or its subdivisions. Dep e~~Reveap r ~ Dat~9EC 2 3 2008 ~ Stock No. 5000134 (Rev. 1/07) ~~~~~ MINNESOTA• REVENUE ~~~ 1~ifithhatd~ag ~tffidav~t far Coatractars This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. @~~34 Please type or print clearly. This will be your mailing label for returning the completed foam. Company name ~ Daytime phone Mi~n4ne~sot-a7tlax, IUD-number Q Voss Utility & Plumbing I `((p3 u-~{7 t-~'s1~ W f W~ ~il d f Address Total contract amount Month/year work began ~ po i~ 2~0 ~ ~ 23 ~~ 0 , 2'.~ City State Zip Code ~ Amount still due Month/year work ended l S~•tM r c..~xcf ~N _ ~~3~-f~l __1 $ Z2~ Z~T('~ ~ (~ I ~ ~ZL~ Project number Project location c 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 0 ' ~ Project owner Address City State Zip code 'o ~ City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 a c c Did you have employees work on this project? ^Yes^ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Sole contractor 0 Subcontractor Name of contractor who hired you KUE Contractors Inc. Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 m a ,~ `o tY,1 R c 0 U ^ Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner/Officer I declare that all information 1 have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- e enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if 1 am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency. Contractor's signature Title Date Mail to: Minnesota P,evenue, Mail Station 6610, St. Paul, MN 55146-6610 pert@ficate cif ~or~aplmac~c~ Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval ~ _ , ` S Da~~ ~ ~ a~~ap 0 ~' w l _ L tD Stock No. 5000134 (Rev. 1/D7) SEC 18 20Q8 MINNESOTA REVENUE Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly. This will be your mailing label for returning the completed form. -- - - - - - - - - - - - - - - - -- / Company name ~ Daytime phone i Lee Scheller Tapping I ' A ress ' Total contract amount ~a a ~ ~a~ X05 City State Zip Code ~ Amount still due IC134 Minnesota tax 11'D'''''nlumT'be1r Mon big-~+- O Month/ye work ended ~~ ~~ Project number Project location ~ 2804 Monticello Vehicle Storage Building, 1401 Hart Blvd, Monticello MN 55362 0 U +. Project owner Address City State Zip code ~ ~ o ~ City of Monticello 505 Walnu reet, Suite 1 Monti Ilo MN 55362 a` o e Did you have employees work on this project? es~ No If no, who did the~w~o~k? ~ 0 Check the box that describes your involvement in the project and fill in all information requested ^ Sole contractor ~ Subcontractor Name of contractor who hired you Voss Utility & Plumbing Address PO Box 240, Hanover MN 55341 ^ Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 ~ affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor a you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, '~ attach a separate sheet. `o ~ Business name Address Owner/Officer :~ c 0 v I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form. to the prime contractor if I am a subcontractor, and to L any subcontractors if I am a prime contractor, and to the contracting agency. ~ C tractor's signature Title Date ~.~»~~ ~'~ ~~~P ;tip l1-1'1- ~~~ Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Departmen Re~ue opal 1°~ • o v Date ``,v~.~~.~J\-i^~~7 , ~. ~E~ ~ ~ 2~a~ Stock No. 5000134 {Rev. 1/07j CONCRETECUTTING&CORING Fax:952-882-0330 Nov 21 2008 01:54pm P001/001 .€~INN~SO~'.~• ~~~~.(~iU~ QEG ~ ~ ~0~~ 11~~thho~da~g A~rf~d~vit for ~ontraoi This affidavit must be approved by the Minnesota Departmen its subdiv'ssiors can make final payment to contraotors- Post-~ Fsx Note 7671 b~e~t~~'I pagea~ / To ,.~'~ r frt~ From ,, i Co.lQ p Co. Phone # Phone # (J FdX #:'' ! ~ f FhX # PleBSe type or print 0!°as!y Ti-~Is wil! be your mai(Ing label 1'or !eturning the completed torm, - - - - - - - - - ~`- - - - Company Hams I - --~ ~ Daytime phorre { C4nCrBt~ CUttin(~ $; COfln9 i m ' 9J~ 8 Z - 0 g 8 a ! oms" ~ Total cgrttrdct amgU>>t 12690 C;~eek Vieuy Avenue _ ~ ~**470.00~~; ~ C%ty state Z!p cope ~ /~mouni sYlll due ~ Savage, MN ^55378 -~--- - ~{ $**OOp.O'0** Mirhesota tax ID numbsr McnYh/ye&r t/year wom ahead 0912008 Rro)ect nunber ~ Pro~ecz ioc-atio~ 2804 ' Monticello Vehicle Storage Building, 94D1 Hart Blvd Monficello MN 55362 Project owner AdGross ., _ Csy _ ~ .,_.- Stets Z.t~.cSd3 City of Monticello 5a5 Walnut Street, Suite 1 Monticello MN 55362 t?id you Lave empSoyees wark on this project? QYes[~ Nq I6 nc, arhq old ttea wort? Cheek the box that describes yaur involvement fn the projecf and r7f! fn atl fnFOrmail'on req~rested. ^ Sofia catTtractor ~ Svt-c~ntractar f~Larrff; c{ contrdcia who hirr~,a you ---~~ Voss Utility & Plumbing PC Box 24p, Hanover MN 55341 +d' ''!"_ ..:~1F~d~~.. t~ ~- ~,4 i ... x~r~ ^ PClnrte contrat:tvP-if ycu Subcontracted out any work on this project, all of your subcontractors must file their ow'n ICi3? affidavits and have them Certified by the Department of Revenue before you can file your ;3ffidavi2. For each suboortractar you had, fi{i in the informatior below and attach a Cos7y of each sub;ontractor's certified IC134. if you need more Spacz;, attach a sepasata sheet. °~sh;e<;s Hama ftiddreS3 Owncr/CFffoEr I de+c}srg that all 1nt4rmatlrn . havE fllfed i . on FRfs form IS true anp vpnhp'er~ ;0 r;~e best Or my kn0wfgd~e and Delief. 1 suthorl7_e the Depertmenf of'et~- enue to disaoSe pertingnt inf0rrratron rel&tin~ to th.($ project, InGvCi,n~ S=.n,-,ing copes of this 10tH, to fha prime contractor if! sm a Subcontrct4l; &nd ro any subcontractors !r t am a prints contrgCtor, end to the aontrffictirg epercy, i1Rai3 Treasurer Cvlinnesota Revenue, Miail Station 6E10, Si- Raul, MN 5514~661J Certi~l~at~ ~f ~orrtpliae~ce Eased on records Gf the ;v!s^nesota Department of Revenue, i certifij that the contractor who Etas signed this certificate has fulfilled all ti-.e requirements of Minnesota Statutes 290.92 and 27pC.E6 concerning the withholding of Minnesota income tax Pram Wages paid to emp,oyees relating to contract Services v~~Etft the state of Minnesota and/or its subdNisions. Department of nEVenve apprat~tl Ost6 ~~ .~ ~! `.~ .~ _ CEC 2 3 2QQ8 11J18/2GOo :;rock No. 8040134 (Hev. SEC ~ 8 2008 MINNESOTA• REVENUE 1~/ithhQlding ~ffidav<t ~~r Ccntractars This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. [c~.~~ Please type or print clearly. This will be your mailing label for returning the completed form. Company name , ~ Daytime phone Minnesota tax ID number Precise Refrigeration Heating & A/C Inc. I ~~y~?~~-_ Address Total contract amount Month/year work began City State Zip Code ( Amount ill due Month/y ar work ended ~ ~ ~, .~ ~,~ m~ s~3 7~-_ ~ ~ ~~i ass, ofl • t I a,oo~ Project number Project location ~ 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 ' ~ Project owner Address City State Zip code 'o ~ City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 a c - ~ Did you have employees work on this project? ~,Yes^ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Sofe contractor ~ Subcontractor Name of contractor who hired you KUE Contractors Inc. Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 Prime contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 m affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor ;, you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, c attach a separate sheet. v Business name Address Owner/Ofricer R .ir C~ E:LaA'ir{ ~ l~t~ L~~, a••'~`~' ~..C~n~~sc,~ c~t~l--~~~5 c~ I declare that aN information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if 1 am a subcontractor, and to ~ any subcontractors if ! am a prime contractor, and to the contracting agency. ~ Contractor's signature Title Date M it to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Bert's€ieate e~f Ccrr:~s€arc~ Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department o~,F~ve~,appr fir ~ Date `~`: t~~~ ~~' ~~.:, ~._~ dEC ~ 3 208 Stock No. 5000134 (Rev. 1/07) ~~~` :~ ~ ~~~8 MINNESOTA• REVENUE IC134 Withholding Affidavit for Contractors Ti~is affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly, Tha will ~ your mailing label for returning the completed form. Compa/y ~'.an-c 1 Uaylim2 phone Address Total contract amount ,. 1 _ Ct . State iK, Gale _ - I amount 6titl due _ l ~.~G~Uzd~ ~l?A1 J 5,3 95 1 s mot? , n v hli~ne_ota tax ID number hlontF.jyear wor'r, began _ ~i~Q~ _ . tvtontt//year work ended -- - -~1/G~' - Protect nuu1~_r ; ~ro'::ct IOG^.tiGx ` _ _-. u ' ~ Prr?'ect owix:r i.ddres; _ --_ ~ - --- Sbcc Zip :.,dc d ~ Y~?inn~r.c~~~ t~~t ._ ..SD S .Gr~r,:~~.~ S~_. ~Lc~~ ~. /~1~y~it.~_ lL~r?1~vsS3C~? ~ Qid you h~ a em yccs wo•i on thi, project? [~`2s r_..J Mo If ro, who did ttro rocd:T w a r r `o .. C O w Cheer the box flat describes year involvement in the proiect and fi!1 i;! a!f information re.Tuested- n Sole contractor ,~ Subcont-actor Name of ortroctorpwho htrr_r, u n ~~ ~~~ ~~~~~ --tin - /9 ~ ~~ .yam ----~~-=-- ~~ ~~ ~v s~ .3 ~~ ~_...- ^ Prlme contractor-If you subcontracted out any work on this };roject, all o{ your subcontractors must fi:e their own IC134 affidavits and Rave them certified by the Department or Revenue before you can fife your affidavit. Fcr eacY. subcontractor you had, fill in the infrsrmatior, Gclo:a and attach ~ copy of each subcontractor's certified tC134. If yo:l need restore space, attach a separate sheet, Businoss na~rx Address Owir,:~yUfhter i declare [hat af! information 1 nave filled in on this form i5 true and complete to tha besf of my :cnowledge and tidier. 1 authorize tfie Uepariment o,` kci~- ~ coot LJ d~scrosr, Pertinent irfon7ietion reia[in;~ to this project, inciudi~ ~g sending cvpieS of rhis form, to the prime conUaCtor rf ! a'n a subcon[rac+o.! and fo L any 5ubccvrtnr.tors if 7 am a prirrre contractor, and to the conlracNng agency. ~ ContracEcr's signature •~ Title - -- - --- ~ _ Dat^ "--_ _ -.... . Mai! to: Minnesota Revenue. Mail Station 6610. St. Paul, PAN 55146-661a Certificate of Compliance Based on records of the Minnesota Departrttent of Reven:.e, I certify that thte contractor who has signed this certificate has fulfilled all the requirements of Ninn°sota Statutes 290.92 and 270C.66 concerning the withttoiding of Minnesota ince+ne tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Ueparlrnen[ ~t ev aC ! ~ Date . ~ QEC 2 3 26~~ >toc : rte.:,ocor~t ti:-v. _run ~'d dZ£~£0 80 8l ^oN QEC 18 2008 MINNESQTA• REVENUE V~othhold~~tg Affidavit for Contrast®rs This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. fC~~4 Please type or print clearly. This will be your mailing label for returning the completed form. -- - - - - - - Company name CR Electric Inc. - - - - - - - ~ Daytime phone 1 ~ 3 %~ -' 7~S ~~'7,6 I Minn~esf to tax ID number "7~ ~~ ~~j Address ~ ~ ~~ y _ . ~'~ ~ ~-~~ Total contract amount ~ ~ as ~o . ~~ Month/year work began 9 ~ (City State Zip Code ~ Amount still due Month/year work ended .- . Project number Project location = 2804 Monticello Vehicle Storage Building 1401 Hart Boulevard Monticello, MN 55362 0 ' ~ Project owner Address City State Zip code 'o ~ City of Monticello 505 Walnut Street-Suite 1 Monticello MN 55362 a a ~ Did you have employees work on this project? Yes^ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ^ Sole contractor ^ Subcontractor Name of contractor who hired you KUE Contractors Inc. Address 130 Central Avenue South P.O. Box 408 Watkins, MN 55389 _ ^ Prlme contractor-If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 ~ affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor ,; you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. 0 v Business name Address Owner/Officer a+ 0 V I declare that a(I information I have flfled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent information relating to this project. including sending copies of this forrn, to the prime contractor if 1 am a subcontractor, and to ,~ any subcontractors if t am a prime contractor, and to the contracting agency. ~ Contract is signature Tile --~ Date Mail to: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Gertificafe of Compliance Based on records of the Minnesota Department of Revehue, I certify that the contractor who tics signed this certificate i-~as fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval 0 Date Stock No. 5000134 (Rev. 1/07) Council Agenda: Apri127, 2009 SD. A. B. C. Consideration of Approval of Resolution for the Redemption of Telecommunications Revenue Bonds. (TK) REFERENCE AND BACKGROUND: In June of 2008 the City issued $26,445,000 in Telecommunications Revenue Bonds to fund the construction of the City's proposed fiber project. Due to litigation filed against this project and the issuance of such debt the proceeds were placed in escrow. However, the Indenture of Trust between the Trustee and the City requires that if the litigation is not dismissed by June 19, 2009 the City would be required to redeem the bonds in full. In order to redeem the bond the City must give the bond holders notice of its intentions to do so prior to redemption. This notice must take place on or before May 5, 2009 in order to redeem by June 19tH The attached resolution would notice the bond holders that it is the City's intention to redeem the bonds if the litigation is not dismissed prior to June 19~'. Should the City receive a favorable ruling prior to June 19~' the City would not redeem the bonds and would have the option to use the proceeds to construct the project. Al. Budget Impact: There is no budget impact of this action at this time. A2. Staff Workload Impact: There would be no staff workload impacts for this item. ALTERNATIVE ACTIONS 1. Approve Resolution for Redemption of Telecommunications Revenue Bonds. 2. Do not Approve Resolution for Redemption of Telecommunications Revenue Bonds. STAFF RECOMMENDATION: The City staff supports, Alternative 1. D. SUPPORTING DATA: Copy of Resolution Relating to the Redemption of Telecommunications Revenue Bonds. RESOLUTION RELATING TO THE REDEMPTION OF TELECOMMUNICATIONS REVENUE BONDS RESOLUTION N0.2009-21 BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota, as follows: 1. The City's outstanding Telecommunications Revenue Bonds (Fibernet Monticello Project), Series 2008 (the "Bonds") are subject to mandatory redemption in the event the existing litigation relating to the Bonds has not been dismissed and the time for appeal expired by June 19, 2009. It is determined that, if the event should occur, it is desirable that the Bonds be redeemed as soon as practicable thereafter. 2. On or prior to May 5, 2009, the City Administrator or Finance Officer are authorized to submit to Wells Fargo Bank, National Association, as Trustee, a conditional direction that the Bonds are to be redeemed on June 20, 2009, pursuant to Section 3.04 of the Indenture of Trust between the City and the Trustee; provided that the notice to bondholders shall specify that the redemption will not occur in the event a Litigation Dismissal (as defined in the Indenture) occurs on or prior to June 19, 2009. fb.us.3909487.01 Council Agenda - 04/27/09 SE. Consideration of Adopting Resolution to include the City of Monticello within the borders of the Wright County Multi-Jurisdictional Hazard Mitigation Plan. (CS) A. REFERENCE AND BACKGROUND: In July of 2008, the City of Monticello became involved with Wright County in defining and developing a Hazard Mitigation Plan to serve the county and the jurisdictions within its borders. Wright County applied for a grant to fund this project and approved development of the Plan starting in January 2008 as a requirement of the Disaster Mitigation Act of 2000. Wright County Public Safety serves as the lead on the project and has invited all jurisdictions of the county to participate. The major responsibility of developing the Hazard Mitigation Plan is being borne by the County with the participating jurisdictions providing data and information that has been incorporated into the Plan. This plan, once approved by the Federal Emergency Management Agency (FEMA), will enable participating jurisdictions to receive mitigation funding from FEMA in the event of a disaster. The City will also receive a copy of the emergency plan for our own use. A draft of the Hazard Mitigation Plan was sent out this week to each participating jurisdiction for review and comments. As part of the process of gaining approval of the Wright County Plan from FEMA, the County is asking each jurisdiction to approve a resolution to include our municipal boundaries as part of the Wright County Hazard Mitigation Plan. The resolutions will be incorporated into the Plan that will be sent to FEMA. City Council is asked to approve the enclosed resolution, which will be forwarded to Wright County upon approval. Budget Impact -There is no cost associated through this point and none indicated for future participation. Costs should be covered through the grant to Wright County. B. ALTERNATIVE ACTIONS: To approve the resolution to include the City of Monticello within the borders of the Wright County Multi-Jurisdictional Hazard Mitigation Plan. This will enable the City to be covered under the County's Hazard Mitigation Plan in the event of a federal disaster declaration. 2. To not approve the resolution to include the City of Monticello within the borders of the Wright County Multi-Jurisdictional Hazard Mitigation Plan. C. STAFF RECOMMENDATION: City staff supports Alternative #1 for the reasons listed above. D. SUPPORTING DATA: Copy of resolution. RESOLUTION N0.2009-20 TO INCLUDE MUNICIPAL BOUNDARIES AS PART OF THE WRIGHT COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the City of Monticello, Minnesota, understands the need to develop amulti- jurisdictional hazard mitigation plan in order for the City to comprehend its vulnerability to natural and man-made hazards, and the actions needed to reduce or eliminate those risks. WHEREAS, the City of Monticello, Minnesota realizes the development of such a plan is vital to the protection, health, safety and welfare of its citizens as well as its visitors. WHEREAS, the City of Monticello, Minnesota, understands that in order for the City to receive mitigation funding from the Federal Emergency Management Agency (FEMA), it must have a mitigation plan in place at the time of submitting a proposal. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINNESOTA, THAT THE CITY WILL WORK WITH WRIGHT COUNTY TO INCLUDE ITS MUNICIPAL BOUNDARIES AS PART OF THE WRIGHT COUNTY'S MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN. PASSED AND ADOPTED, this the 27th day of April, 2009 by the Mayor and Governing Board of Monticello, Minnesota, assembled in regular session. BY: MAYOR ATTEST: BY: Council Agenda: Apri127, 2009 7. Public Hearin-Consideration of a resolution adopting proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. (TK) A. REFERENCE AND BACKGROUND: The City Council is again asked to adopt an assessment roll for utility billing accounts which are delinquent more than 60 days and to certify the assessment roll to the County Auditor for collection on next year's real estate taxes. The delinquent utility accounts that are included with the agenda are accounts that are at least 60 days past due and include all new delinquents from the last time we certified them. In addition to the delinquent amount, the Council also previously approved the establishment of an administrative fee of $50 per account that is added to each delinquent assessment. The amounts shown on the enclosed delinquent utilities list include the additional $50 administration fee for the preparation of the assessment roll. It is recommended that the delinquent accounts be put on an assessment roll for certification at an interest rate of 6% as allowed by state statute. As in the past, if any accounts are paid within 30 days after the adoption of the assessment roll, they can be paid without the additional interest. After 30 days, payments will be charged interest. A.1 Budget Impact: Certification of delinquent utility accounts for fourth quarter 2008 is collection of revenue the City should have received in 2008 but because of the non-payment will not be collected until 2010 when it will appear on the tax rolls. A.2 Staff Workload -The process for collecting delinquent utility amounts is time consuming with preparing and mailing delinquent notices; preparing and mailing notices of the public hearing on the assessment of delinquent notices as well as other clerical work in preparing the amounts for certification. The $50 fee that is added to the delinquent accounts helps defray the cost of staff time and publication expenses. B. ALTERNATIVE ACTIONS: Adopt the assessment roll for the delinquent charges as presented. 2. Based on public hearing input, adjust the assessment roll as required. C. STAFF RECOMMENDATION: It is staff recommendation that the Council adopt the assessment roll as presented. All of the accounts are at least 60 days past due and have been given proper notice of this assessment hearing and ample opportunity to pay the accounts in full. All utility accounts were notified that there would be an additional $50 administrative fee attached to each outstanding balance if the account was not paid by noon on Apri17, 2009. D. SUPPORTING DATA: Copy of resolution adopting assessment roll Complete listing of delinquent accounts to be certified. CITY OF MONTICELLO RESOLUTION N0.2009-19 RESOLUTION ADOPTING ASSESSMENT ROLL DELINQUENT UTILITIES WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that n interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 27th day of April, 2009. 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M fU O O O O O O O 00 O 0 0 0 0 0 0 00 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 0 0 0 O O O O O (U Y r r~ Y Y r Y N r r r Y r r r r r' F+ r r r r r r w r~ ~+ Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y r~ ~+ Y Y n£ H G7 .P N Ol 01 N W N Y O iP 1-` W N N .P N W .P W N 0~ W W N H N Ol T O O J ~P ~P O O N N N W N 0~ J lp N Ol m lli .T \ O b7 O lJi T N J ~D N H In .P N .P O~ N U~ W .P .P N lp iP N N J .P m W i p~ lJi J iP N l0 N J N O lfi N lP ~P W ['~ rt n N N O~ O~ N iP Y W N .P m O m O 4i O~ W Vi J 0~ W O~ O~ m rP N O N N N W ~O J O N iP J N Vt N lfi O lfj rt F' O J ~P lfi W U1 ~p O m T N O~ m In In ~D U~ ~D W N ~p .P N lO W Y W ~P W m ~p A O~ m 0 0 O~ Y m N m J N J W J i N N n O m [~7 r r 0 z d O ro xl t+J ro O 7J H N N N .P .P .P W O O O O o ~P ~ ~ b N ~ N r O ~ V1 J ~O 0 ~D 0 o n n r H ~ 0 0 0 0 0 0 u r r r r r r ~ ~ ~ ~ ~ ~ ro UI UI N VI UI r r r r r r O N J J J VI l!i U1 UI N N r r r 0 0 0 0 0 0 ~t O O O O N W N P 01 ~ O N O ~ N VI N r iP 0 0 0 0 0 0 ro ° v m a .p w m m m ~ m ai a .p a m a r a r .a o ~ ~ a o x ~ m C H H o ro ro r m z z r z~cnzcncn 0 0 z z v ~ m H yy d A~ d O C t a ~7 x yy [ro Cz b H b z H o ~ x h z ~ x+ d d H b .. m o ~ +~ ~z~ov,z z H m - ~ JC N ~ '~O m O R] d [~7 x r r ~o O e~ m m m a c r O~ N ~P ~P ~P trf > r a r a r~ N r rt H O ~ m m p ro ro p z K J J ~ b b o~x~m7~x l0 ~ bm Wr r N m m °~ ro ro a N r N H H d t'~" N m O Gz] z z r n n t~~zmcn m n m n 0 d ro x :~ 71 H H 'J '~] O r ~ [' H H O o H z m r s m i~ w ~ m in as m ~D N lfi ~0 O ~/ y [~] to in J w m r w N r In m J o a o K N n x m p m w o K iP 0 0 0 0 0 0 N d e a O 0 o K O O O O O o 0 N d r w N 0 0 0 0 0 K o O 0 0 0 0 0 0 N r n r ~ ~ a a rt r m 0 0 0 0 0 0 0 l0 0 0 0 0 0 0 0 m a r ro q r r r r r r n c H m J x~ o a m o v G1 m n i t vi ~o a r rt n a a ~n ~ w m r w iq n r ~D N r ll~ m J 0 N N Council Agenda: 4/27/09 8. Consideration of adopting Outstanding Citizen Recognition Award. (BW) A. REFERENCE AND BACKGROUND: In an effort to publicly recognize citizens of Monticello that performed extraordinary public service, the Police Advisory Committee recommends that the City Council adopt an Outstanding Citizen Recognition Award. An award nomination form would be posted on the City's web site, and all nominations submitted would be reviewed by the Police Advisory Commission at their regularly scheduled quarterly meetings. All nominations approved by the Police Advisory Commission would then be recommended for approval to the City Council. If the City Council approves the award, a certificate would be signed by the Mayor, the Wright County Sheriff and the Chair of the Police Advisory Commission, after which the award certificate would be framed and presented to the recipient during a regularly scheduled meeting of the City Council. A.1 Budget Impact: The 2009 budget does include a line item of $300 for the award(s). Since this would be the first year the award is offered it is unknown exactly how many awards maybe issued, and therefore whether the budgeted amount will be adequate. It is estimated that each framed certificate will cost approximately $15, which would allow 20 awards to be issued before exceeding the budgeted amount for 2009. A.2 Staff Impact: Impacts to staff would be minimal. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Outstanding Citizen Recognition Award as outlined herein. 2. Motion to adopt Outstanding Citizen Recognition Award with the following modifications; 3. Motion to deny adoption of Outstanding Citizen Recognition Award. C. STAFF RECOMMENDATION: Staff recommends adoption of the Outstanding Citizen Recognition Award. D. SUPPORTING DATA: Outstanding Citizen Recognition Award Certificate On-line nomination form ® I f illiiifilll:F~'!61 .....itllfl ~ t ~ ' ~ ~ ~ ~ I I ~ ~~ .... _ _..-__.. -. {I 111 ~qq `j is F~ ~. e.~ 0 n~ tp ~• ~~ 0 A l (~ `."~ l 0 ~: ~, ~~ ~ ~. t0 ~ ~N~, MO `~C `~ N , O . ~' `V ~• A~ ~ O~ O ~ ~~ ~ ~. o. ~. ~~ 0 ~. o~ ~~ 0 co n' co, ~~ m 0 0 ~i N ~~ • t m~ Y ~ ~. r N CD ~D n O U~Q ~. 0 n O ~~ o ~ ~ ~. C~ ~D O D ~- I ~ ~ I ~ ~ I i ~ ~ ~ ~ ~ i ~ ~ I ~ ~ 1;1 ~ ? ~ ~ t ~ i ~ I (~!(tt;t'~Ek~~~~:. fttEt~~~~~E~ 1 Award Recipient's Name Award Recipient's Address Reason for Nomination Name of Nominating Person Phone Number Date City Council Agenda - 04/27/09 9. Consideration of an amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs. Applicant: City of Monticello Planning Commission A. REFERENCE AND BACKGROUND The Planning Commission held a public hearing regarding the proposed amendment in March of 2009. The public hearing was the culmination of almost a full year of ordinance development and refinement. As numerous opportunities for public input were provided throughout the development of the ordinance, public comment during the hearing was limited in terms of issues or concerns. The Monticello Chamber of Commerce, with support from local businesses, proposed that the Planning Commission strike the clause relating to the regulation of window signage. (The current code does not regulate signage and the public comment taken supported continuation of this standard.) The Planning Commission agreed and in their motion recommended elimination of restrictions pertaining to window signage. The other primary recommendation of the Commission related to dynamic displays (electronic message boards). The Commission recognized that some regulation of the frequency of message change is needed, although they did not have a fixed idea of what the standard should be. The proposed ordinance sets the timing of a message change at 2 minutes. However, the Commission recommended a temporary "test phase" of 6 months for that clause. Furthermore, their recommendation was to notify all properties with dynamic displays of the new ordinance and the relevant regulations, and to request feedback on this provision during that time and at a public hearing to be held at the 6- month mark. Generally, other public comments during the hearing supported the ordinance as written. Planning Commission recommended adoption of the amended sign ordinance 4-0. The report below outlines the background for the ordinance development itself. Staff will also provide a detailed presentation on the ordinance itself during the Council meeting. In April of 2008, the Planning Commission requested that staff begin working on an amendment to the Sign Ordinance, separate from a potential overall revision to the Zoning Ordinance. The Commission cited the lack of cohesion within the current ordinance language, and the need to review the language for practical application to current sign requests as the impetus for immediate commencement of a revision. In setting the foundation for the amendment, the Planning Commission set goals for the ordinance early in the process. These goals included: • An overall goal of facilitating effective communication with the public while avoiding visual sign clutter and maintaining public safety on the roadways. • Providing incentives for preferred sign types, rather than mandates. • Making the ordinance more "user-friendly". City Council Agenda - 04/27/09 • Clarifying expectations for sign design. • Increasing consistency for sign allowances throughout the community. • Eliminating content-based regulations that will not withstand legal challenge. The Planning Commission and staff incorporated community input as a critical component for producing an effective ordinance. This input provided the basis for an ordinance that is flexible, taking apro-business approach to good sign design and aesthetics. The following opportunities for public comment were undertaken as part of the amendment process. • Two initial public meetings were held to gather input prior to crafting the new ordinance. All business owners were notified directly and neighborhoods directly abutting commercial districts also received mailed notification. • A draft ordinance was prepared after the first round of public meetings and was then reviewed for revision during two consecutive regular Planning Commission meetings. • Staff attended a Chamber of Commerce Government Affairs meeting for the purpose of presenting the draft ordinance and gathering feedback. • Planning Commission and City Council held a joint public workshop for the purpose of reviewing the ordinance in detail and soliciting questions and comments for additional revisions. • A final public workshop was held in February, during which sign case scenarios were illustrated and discussed in detail relating to the draft ordinance. Primary differences between the current and proposed ordinance were also illustrated. The ordinance resulting from the public input process and work of the Planning Commission includes substantial differences in structure and content from the current ordinance. These include: 1. The Ordinance is set up to be a separate chapter in the Zoning Ordinance that would be located after the current general provisions (Chapter " 3") -thus the numbering of the chapter as " 3A". 2. The first section of the draft language states findings, purpose, and intent which is designed to clarify the legal basis for sign regulation. 3. Definitions related specifically to signs are moved to this Chapter so it can stand alone for anyone looking for signage information. 4. A definition for Multiple Tenant Site is included as any building having more than one tenant -this will eliminate the current layers of one-, two-, and three- or more tenant buildings and the issues related to "shopping centers". 5. When a property is for sale, the language has been revised in Permitted Signs to allow one sign per residential property of four square feet or more, with an inclusion that accommodates State Law relating to political campaign signs. The language does not specify "For Sale" signage, only specifies that such signage is allowed when at the time the property is for sale or lease. City Council Agenda - 04/27/09 6. The Permitted Sign section also creates an allowance for other zoning districts, as well as large (10 acre) sites. This language replaces current language which allows such signage up to 200 square feet, and varies the size of such signs depending on size of property and other factors. 7. For temporary signage, the draft repeats the City's regulations, with the explicit note that temporary sign regulations are applied by building instead of per property. Temporary signage has received a significant amount of attention as part of this process. An incentive clause related to message board signage has been added to the commercial/industrial district regulations later in the ordinance. 8. A description of how to measure sign area is proposed. There are numerous ways to address this issue, especially for wall and monument signage. 9. A process for multi-tenant building signage is proposed that would make "Comprehensive Sign Plan" approval an administrative function, provided that the sign plan meets the requirements of the Sign Ordinance. Currently, property owners are required to prepare such plans by Conditional Use Permit, which can be atime- consuming and cumbersome process. For this reason, it is proposed that the CUP provision be dropped unless the Sign Plan is out of conformance with the standard requirements. 10. In Section 3A-9 [W], we have inserted regulations that relate to "dynamic signs" (including electronic message boards, etc.). This language reflects the standards discussed by the Planning Commission for display regeneration, and other requirements. 11. The District Regulations are scaled down considerably from the current ordinance. There is a generic allowance for one sign per property in the R Districts and a streamlined set of regulations for the Business and Industrial Districts. As a part of these standards, the ordinance includes an incentive clause for utilizing a monument sign rather than a pylon sign (this section permits an additional 100 square feet of wall signage when a monument sign is used). It further sets the total allowable sign area at 15% of the silhouette wall area (for up to two sides of a building), and eliminates the number of signs, so long as the area regulations are met. Wall signs may be placed on any commercial building wall, with the exception of a wall that abuts residentially zoned property. In summary, Council is presented with a sign ordinance that has been through a rigorous development and public review process. The sign ordinance presented for Council's review and consideration is intended to be more usable, more applicable to today's sign needs, and ultimately a better tool for the community as a whole. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. City Council Agenda - 04/27/09 1. Motion to adopt an amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs, based on a finding that the proposed ordinance provides adequate means of expression and promotion of the economic viability of the business community, while protecting the health, safety and welfare of the community, with items as noted by the Commission, including: a. Strike language pertaining to the regulation of window signage as noted. b. Institute a 6-month review period for the dynamic display message duration, including business notification and solicitation for input. 2. Motion to recommend further study. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends adoption of the Sign Ordinance amendment as proposed by the Planning Commission. The ordinance represents a marked improvement in clarity over the existing ordinance. It is staff's perspective that it provides needed balance between additional flexibility for property and business signage with the City's goals for overall consistency and fairness in sign regulations. D. SUPPORTING DATA A. Chapter 3A -Signs (Draft) B. Chapter 3, Current Sign Ordinance Regulations CHAPTER 3A SECTION: SIGNS 3A-1: Findings, Purpose and Intent 3A-2: Definitions 3A-3: Severability 3A-4: Permit Required 3A-5: Permit Not Required 3A-6: Prohibited Signs 3A-7: Non-Conforming Signs and Uses 3A-8: Enforcement and Penalties 3A-9: Substitution 3A-10: General Regulations 3A-1 l: Temporary Signs 3A-12: District Regulations 3A-1: FINDINGS, PURPOSE AND INTENT: [A] Findings: The City finds: 1. Exterior signs have a substantial impact on the character and quality of the environment. 2. Signs provide an important medium through which individuals may convey a variety of messages. 3. Signs can create traffic hazards and aesthetic concerns, thereby threatening the public health, safety and welfare. 4. The City's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. [B] Purpose and Intent: It is not the purpose or intent of this Chapter to regulate the message displayed on any sign; nor is it the purpose or intent MONTICELLO ZONING ORDINANCE SIGNS 3A-1 of this Ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this Chapter is to: Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. [C] Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Ordinance. The effect of this Chapter, as more specifically set forth herein, is to: Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this Chapter. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this Chapter. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the administration and enforcement of the provisions of this Chapter. 3A-2: DEFINITIONS: The following words and terms, wherever they occur in this Chapter, shall be interpreted as herein defined. Terms not defined shall have meanings provided in Chapter 2 of the Zoning Ordinance. MONTICELLO ZONING ORDINANCE SIGNS 3A-2 ABANDONED SIGN: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Where a sign has received a special permit or other City approval, such approval shall run with the principal use of the property, and such a sign shall be considered to be abandoned under this definition when it meets the conditions specified in this section, notwithstanding the prior special approval. AWNING SIGN: A building sign or graphic printed on or in some fashion attached directly to the awning material. AREA SIGN: A sign identifying a series of related parcels or uses, rather than a specific parcel or usc. ATTENTION GETTING DEVICE: Any device whose primary purpose is to attract public attention to a use of land (but which is not a building or the use of land itself), whether two or three dimensional, and whether through graphics, light, movement, shapes or other method. Such device maybe either permanent or temporary, and would be regulated as a sign under the appropriate sections of this Chapter. BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. BILLBOARD: See definition of Off Premises Sign. BUILDING SIGN: Any sign attached or supported by any building. MONTICELLO ZONING ORDINANCE SIGNS 3A-3 CANOPY: Aroof--like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. CANOPY SIGN: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and maybe changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graE~hic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment. CONSTRUCTION SIGN: A sign which identifies the parties involved in the design CHANGEAS~E COPY SIGN Changeable Copy Sign MONTICELLO ZONING ORDINANCE SIGNS 3A-4 Canopy Sign and/or construction of a building subject to an active building permit. DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. ELECTRONIC GRAPHIC DISPLAY SIGN: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within. the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. FLASHING SIGN: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. FREESTANDING SIGN: Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. MONTICELLO ZONING ORDINANCE SIGNS 3A-5 FREEWAY CORRIDOR AREA: A special signing area encompassing land located within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas Road, East of Sandberg Road, and West of Cedar Street. (See Exhibit A of this Chapter for the Freeway Corridor Area.) HEIGHT OF SIGN: The height of the sign shall be computed as the vertical distance measured from the crown of the adjacent street surface at centerline to the top of the highest attached component of the sign. ILLUMINATED SIGN: Any sign which contains an element designed to emanate artificial light internally or externally. MARQUEE: Any permanent roof like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. MONUMENT SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding fourteen (14) feet. MULTIPLE-TENANT SITE: Any site which has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. ~ II ~ ~ HEIGHT OF SIGN ~„e~„~ ~~~~ Roe~way Height of Sign Marquee Sign Monument Sign MONTICELLO ZONING ORDINANCE SIGNS 3A-6 Y~ , ~ MULTI-VISION SIGN: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one (1) of two (2) or more images. NON-COMMERCIAL SPEECH: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. OFF PREMISES SIGN: A commercial speech sign which directs the attention of the public to a business, activity conducted; or product sold or offered at a location not on the same lot where such sign is located. For purposes of the Sign Ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. OFFICIAL SIGN: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public off cial or employee in the performance of official duty -See also "Public Sign". POLE SIGN: See definition of Pylon Sign. PORTABLE SIGN: Any sign ~~~hich is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on`~he design of such a sign. MONTICELLO ZONING ORDINANCE SIGNS 3A-7 PROJECTING SIGN: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. PUBLIC SIGN: Any sign posted by a governmental agency of a public, non- commercial nature, to include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs for civic interest groups within the City of Monticello when signs are erected by or on order of a public officer or employee in the performance of official duty -See Also "Official Sign". PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. ROOF: The exterior surface and its supporting structureon the top of a building or structure. The structural makeup of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. ROOF SIGN: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending ~~ertically above the highest portion of the roof. ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. Projecting Sign Pylon Sign(s) MONTICELLO ZONING ORDINANCE SIGNS 3A-8 ROTATING SIGN: A sign or portion of a sign which turns about on an axis. SANDWICH BOARD: A sign placed near the entrance of a business, usually on the public or private sidewalk, advertising particular aspects of the business goods or services. SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols move horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time. Scrolling shall not include flashing or other types of video movement. SHIMMERING SIGN: A sign which reflects an oscillating sometimes distorted visual image. SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. SUSPENDED SIGN: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to such surface. MONTICELLO ZONING ORDINANCE SIGNS 3A-9 Sandwich Board TEMPORARY SIGN: Any sign which is erected or displayed for a specified period or time, including, but not limited to, banners, ~., _ . search lights, portable signs, streamers, ~ ~~. „~~ , pennants, inflatable devices. -~ ° _~~ TIME AND TEMPERATURE SIGN: A sign Window Signage that displays only current time and temperature information. TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a specific lot. VIDEO DISPLAY SIGN: A sig1~ that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL: Any stricture which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. WALL SIGN: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is MONTICELLO ZONING ORDINANCE SIGNS 3A-10 supported by such wall or building, and which displays only one (1) sign surface. WINDOW SIGN: Any building sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. 3A-3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 3A-4: PERMIT REQUIRED: No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a permit from the City: [A] The content of the message or speech displayed on the sign shall not be reviewed or considered in detei7nining whether to approve or deny a sign permit. [B] Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. [C] Application for a permit shall contain the following information unless waived by the City: Names and addresses of the applicant, owners of the sign and lot. 2. The address at which any signs are to be erected. The lot, block and addition at which the signs are to be erected and the street on which they are to front. 4. Type and size of sign (e.g., wall sign, pylon sign). A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. MONTICELLO ZONING ORDINANCE SIGNS 3A-11 6. Plans, location and specifications and method of construction and attachment to the buildings or placement method on the ground. 7. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City, if required. Written consent of the owner or lessee of any site on which the sign is to be erected. 9. Any electrical permit required and issued for the sign. 10. A detailed description of aaiy electronic or electrical components that are proposed to be added to the sign. 11. Other information to demonstrate compliance with this and all other ordinances of the City. [D] The application shall be accompanied by a fee as established by City Council resolution. Applications for amending administrative permits shall be accompanied by a fee as established by ordinance. [E] ,The Zoning Administrator shall notify the applicant, in writing, of an incomplete application within fifteen (1 S) days of the date of submission. [F] The Zoning Admir~istl-ator shall review the application and related materials al~d shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this title within sixty (60) days of submission of a complete application. 3A-5: PERMIT NOT REQUIRED: The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 3A-10 and 3A-11 of this Chapter. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. [A] The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting elsewhere than directly on a building. [B] Signs two (2) square feet or less in size. MONTICELLO ZONING ORDINANCE SIGNS 3A-12 [C] One (1) sign per property in residential districts not to exceed four (4) square feet. [D] All non-commercial signs of any size posted in any number from August 1 in a state general election year until ten (10) days following the general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. [E] Official and Public signs. [F] One (1) sign shall be allowed per street frontage when a property is offered for sale or lease, provided that: Within the "R" zoning districts, no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single-family, two- family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi-family or institutional uses. 2. Within zoning districts other than "R" For parcels in zoning districts other than "R", as well as for any parcel larger than ten (10) acres in any zoning district, signs may be up to ninety six (96) square feet in area or twelve (12) feet in height as defined in this ordinance. One (1) additional such sign shall be allowed for any street frontage which exceeds one thousand (1,000) linear feet. For the purposes of this section, frontage on any right of way, including local streets, County or State Highways, or I-94 shall constitute a "frontage", regardless of access. [G] Sandwich board signs are allowed within commercial zoning districts provided that: 1. Not more than one (1) sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two (2) or more tenants each with an exclusive exterior entrance. 2. The sign shall only be displayed when the business is open to the public. 3. Except in the CCD, Central Community District (See subp. 7. of this Section), the sign shall be placed only on the business property and shall be located within required principal building setbacks, or MONTICELLO ZONING ORDINANCE SIGNS 3A-13 encroaching into required setback areas a maximum of five (5) feet, and shall not be placed on any vehicle. 4. The signs shall be located so as to maintain a minimum five (5) foot pedestrian walkway and so as not to obstruct vehicular traffic. 5. The sign shall be set back a minimum of two (2) feet from the back of curb of a public street or private drive aisle. 6. The sign shall conform to the following height and area requirements: a. Height: Five (5) feet. b. Area: Six (6) square feet. 7. For sandwich board signs within the CCD, Central Community District, such signs may be located in accordance with the provisions of Subp. 3 of this Section. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right- of-way upon the issuance of an annual license in accordance with the provisions and process of Section 3A-4 of this Ordinance. a. In addition to the provisions of Section 3A-4 [C] of this Ordinance, the owner of the sign shall provide a certificate of general liability insurance with minimum coverage of three hundred thousand dollars ($300,000.00) naming the City as an additional insured for the sign to be located upon the public right-of--way within the CCD, Central Community District. 3A-6: PROHIBITED SIGNS: The following signs are prohibited: [A] Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. [B] All off premises signs greater than six (6) square feet in area. [C] Content classified as "obscene" as defined by Minnesota statutes section 617.241. [D] Flashing signs. MONTICELLO ZONING ORDINANCE SIGNS 3A-14 [E] Roof signs. [F] Rotating signs. [G] Shimmering signs. [H] Signs which move or imitate movement, except for dynamic scrolling signs as defined in this ordinance. [I] Signs painted, attached or in any other inaiuier affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. [J] Off Premises Signs: Off premise signs existing as non-conforming structures at the time of adoption of this ordinance greater than six (6) square feet in area shall be considered a principal use of property. 2. Annual permits are required for all. off premises signs. Off premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. 3A-7: NON-CONFORMING SIGNS AND USES: [A] Signs: Anon-conforming sign lawfully existing upon the effective date of this Ordinance shall be regulated in accordance with Section 3-1 of this Chapter. [B] Uses: When the principal use of land is legally non-conforming under Section 3-1 of this Chapter, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. [C] When a sign is considered to benon-conforming due to size, location, or other factor, but represents a conforming use of land, such sign maybe continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this Chapter. When a non- conforming sign has been damaged to an extent of 50% or more of its MONTICELLO ZONING ORDINANCE SIGNS 3A-15 market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage. 3A-8: ENFORCEMENT AND PENALTIES: This Chapter shall be administered and enforced in accordance with the provisions of Chapter 28 of the Zoning Ordinance. 3A-9: SUBSTITUTION: The owner of any sign which is otherwise allowed by this Sign Ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 3A-10: GENERAL REGULATIONS: [A] Accessory Structures Except as provided for by Section 3A-6 [J] of this Chapter, all signs shall be considered accessory structures. [B] Setbacks: All freestanding signs shall be set back fifteen (15) feet from any property line abutting a public right-of--way and five (5) feet from any side or rear property line. No sign maybe located within a drainage and utility easement. [C] Standards Adopted: The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as maybe amended, are hereby adopted. [D] Electrical Signs: The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground. [E] Approval: No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Zoning Administrator. [F] Sign Interference: No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. MONTICELLO ZONING ORDINANCE SIGNS 3A-16 [G] Illuminated Signs: Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. [I] Permit Display: Signs requiring permits shall display in a conspicuous manner the permit sticker or sticker number. [J] Placement: No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. [K] Structure: A freestanding sign ar sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding thirty (30) degrees unless the total area of both sides added together does not exceed the maximum allowable sigm area for that district. [M] Square Footage Calculation (Total Area = A x B): For wall signs, the area of a sign shall be that that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the TOTAL AREA= (A)(B}+(Aj(B) Structure Measurement Wall Sign Area Calculation MONTICELLO ZONING ORDINANCE SIGNS 3A-17 message, figure, or symbol displayed thereon: n ~~n~~ Monument Sign Area Calculation 2. For monument signs, are shall be ~ ~ calculated as for wall signs. Structural members of the sign, including supports or other '~~~n ~~•~~ a decorative features shall not be considered as a part of the measured sign area: For pylon signs, the entire area of Pylon Sign the sign face or cabinet shall be considered as a part of the Area Calculation measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. [N] Height: The top of a wall sign, including its superstructure, if auy, shall be no higher than the roof of the building to which such sign maybe attached. [O] Landscaping: A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. [P] Motor Fuel Facilities: Signs for motor fuel facilities shall be regulated by the sign provisions for the zoning district MONTICELLO ZONING ORDINANCE SIGNS 3A-18 in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non- electronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. [R] Window Signs: ~xr,,,a^.t. ~r.,,ii „^~ ° °°a +Yt °„~., ~. ° ~~c~ r° ° ~ ~ • v uluV vv t,,° *^~~~ °„ ^~~~,° YY ;v,a i,• ,, *,,Jp~ '' Window signs a.v LV LUl ul vu Vl Llav YY Ula1V~-'Z21"VPTiiITl C72 ~I^-Cr.- ~~°°+~^^ +'~~~ „r^~~~~~^„ are not considered a part of the maximum sign area otherwise allowed under this Chapter and do not require a permit. [S] Changeable Copy Signs: Within commercial and industrial districts, one (1) changeable copy sign shall be allowed per site provided that the area of the sign not exceed twenty-five (25) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance with Subp. [H] 2. of this Section in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area. [T] Time and Temperature Signs: Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a fi-eestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. [U] Projecting Signs: Projecting signs maybe allowed in commercial districts provided that: There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. 2. The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of--way. 3. The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall sign in the respective zoning district in Section 3A-11 of this Chapter. [V] Dynamic Displays: Regulations for Dynamic Signs. Based on studies related to the use of dynamic sign displays and driver distraction, the City MONTICELLO ZONING ORDINANCE SIGNS 3A-19 finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming ornon-conforming at the time of adoption of this ordinance. No dynamic sign shall have lettering smaller than ten (10) inches in height. 2. Dynamic signs shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by Subp. 4 of this Section. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance, including the definition of "scrolling signs". 3. Dynamic signs shall not be permitted in any Residential zoning district. 4. No dynamic display shall change more than one time per two (2) minute period, except time and temperature displays which may change once every three (3) seconds. 5. Dynamic signs shall be no brighter than other illuminated signs in the same district. 6. Dynamic displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City'sregulations. Where access to the Minnesota Amber Alert technology is available, all applicants for freestanding sign licenses employing electronic dynamic sign technology shall display such messages as they are made available by the Minnesota Department of Public Safety or other responsible agency. License applicants shall be required to submit information from the State of Minnesota documenting the availability, or non-availability, of such access as part of their license application. MONTICELLO ZONING ORDINANCE SIGNS 3A-20 8. Applicants for a dynamic display shall obtain a specific license for such display from the City of Monticello, and shall sign a form agreeing to operation of the sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection of electrical service to the facility. 9. No Dynamic Display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. [W] Design and Materials Standards for Signs in Commercial, Industrial, CCD, PZ Mixed, and PUD Districts. 1. The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. 3A-11: Temporary Signs: [A] For property in the "B", Business Districts, "I", Industrial Districts, "CCD", Central Community District, or the "PZM", Performance Zone - Mixed District, the use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per building. Not more than one (1) temporary sign de~~ ce per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. [B] For property within the P-S, Public Semi-Public District, the use of temporary sign devices shall not exceed fifty (50) days per calendar year per property. Not more than one (1) temporary sign device per property shall be displayed at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. [C] In cases where properties forego, in writing, temporary signage allowances of Subp. [H] 1. of this Section, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign maybe incorporated into a property's freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. [D] Subject to other provisions of this Section, one (1) additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to forty (40) days beginning on the first day of the business opening to the public. MONTICELLO ZONING ORDINANCE SIGNS 3A-21 3A-12: DISTRICT REGULATIONS: In addition to the signs allowed by Sections 3A-5 and 3A-9 of this Chapter, the following signs shall be allowed within the specific zoning districts: [A] Within A-O, "R", "P-S", and PZ Residential zoning districts, the following additional regulations apply: 1. Except for the uses specified in Section 3A-12 [A] 2. and 3. of this Chapter, one (1) sign shall be allowed provided that: a. The area of the sign shall not exceed four (4) square feet. b. Freestanding signs shall be limited to a maximum height of six (6) feet. 2. In addition to the sign allowed by Section 3A-11 [A].1 of this Chapter, one (1) residential area identification sigm shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. 3. Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy-five (75) square feet in area and eight (8) feet in height. [B] Within the CCD, PZ Mixed, commercial and industrial zoning districts, the following additional regulations shall apply: Total Area of Signs: The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. 2. Freestanding Sign: a. Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty-two (22) feet. MONTICELLO ZONING ORDINANCE SIGNS 3A-22 b. In the Freeway Corridor Area as defined by this Chapter, the area of a freestanding sign may not exceed two hundred (200) square feet each side with a maximum height of thirty two (32) feet. c. If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Subd. [B] 1. above, devoted to wall, canopy or marquee signs shall be granted. d. For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs maybe constructed or, as an alternative, one (1) pylon and one (1) monument sign maybe constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than fifty (50) feet in height and four hundred (400) square feet in area. 3. Wall, Canopy, or Marquee Signs: a. .Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of Section 3A-12 [B] 1 above. b. Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. 4. In addition to the sign allowed by Section 3A-12 [B] 1 of this Chapter, one (1) area identification sign shall be allowed. Such sign shall not exceed one hundred (100) square feet in area and twenty five (25) feet in height. Multiple Occupancy Commercial And Industrial Buildings: When a single principal building is devoted to two (2) or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements: a. The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign MONTICELLO ZONING ORDINANCE SIGNS 3A-23 shall not exceed the maximum provisions in the same zoning district in Section 3A-11 of this Chapter. b. Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 3A-11 of this Chapter. Except as provided by window, changeable copy, or temporary signs in this Ordinance, individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements: i. Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in Section 3A-11 of this Chapter. ii. The sigh shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street. iii. A comprehensive sign plan is submitted that includes all of the following information: a) A sitE plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan. b) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. c) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination(if any). d. No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan. MONTICELLO ZONING ORDINANCE SIGNS 3A-24 [C] In a PUD, Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. MONTICELLO ZONING ORDINANCE SIGNS 3A-25 Subject to the terms of an approved subdivision development agreement or conditional use permit, a grading permit allowing land reclamation shall be issued by the City Engineer and City Building Official. Upon application for a grading permit for land reclamation, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be determined by City Council resolution. (#322, 4/12/99) 3-8: MINING: Under this ordinance, mining is the extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing. Mining shall be allowed only under the terms of a development agreement for subdivision or by the issuance of a conditional use permit in all districts. Such permit shall include as a condition thereof: 1. a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and route of trucks moving to and from the site, 2. shall regulate the type of material mined from the site, 3. a program for rodent control, 4. a plan for fire control and general maintenance of the site, 5. controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site, 6. a calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates, and ~. the submission of a surety by the applicant in an amount determined by the City Engineer to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur .and repairing the degradation of roadways used to transport soils. Subject to the terms of an approved subdivision development agreement or conditional use permit, a grading permit allowing mining shall be issued by the City Engineer and City Building Official. Upon application for a grading permit for mining, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be determined by City Council resolution. (#322, 4/12/99) 3-9: ~ SIGNS: [A] .PURPOSE: This subdivision is established to protect and promote health, safety, general welfare, and order within the city of Monticello through the establishment of a comprehensive and impartial series of standards, regulations, and procedures governing the type, numbers, size structure, location, height, lighting, erection, use and/or display of devices, signs, or symbols serving as a 3/45 visual communication media to persons situated within or upon publicright-of- ways or properties. The provisions of this subdivision aze intended to encourage opportunity for effective, orderly communication by reducing confusion and hazazds resulting from unnecessary and/or indiscriminate use of communication facilities. [B] PERMITTED AND PROHIBITED SIGNS: PERMITTED SIGNS: The following signs aze allowed without a permit but shall comply with all other applicable provisions of this subdivision: (a) Public signs (b) Identification signs: There maybe one (1) per premise not to exceed two (2) squaze feet in azea. If the sign is freestanding, the total height may not exceed five (5) feet. (c) Integral signs (d) Political campaign signs: Shall not exceed twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs shall remain in place for no longer than five (5) days after the election for which they aze intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) day limit and assess a fee of five dollazs ($5.00) per sign for removal. (e) Holiday Signs: Displayed for a period not to exceed thirty (30) days. (f) Construction Signs: Such signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two (2) yeazs of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as determined by the City Building Inspector or his agent. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet. (g) Individual Property Sale or Rental Signs: Signs must be removed within fourteen (14) days after sale or rental of property. Signs may not measure more than four (4) squaze feet in "R" districts, nor more than twenty (20) square feet in all other districts. There shall be only one (1) sign per premise. Corner properties, however, may contain two (2) signs, one (1) per frontage. 3/46 (h) Information/Directional Signs: Shall not be larger than ten (10) square feet and shall conform to the location provisions of the specific district. (i) Portable Signs (as defined in Section 3-9.(B).2.(e).i) Such signs shall be subject to the following requirement: (j) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface maybe erected on the project site. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface maybe erected. For projects over fifty- one (51 acres, one, two, or three signs maybe erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. Such signs shall not remain after ninety-five (95) percent of the project is developed. Such sign permits shall be reviewed annually by the Zoning Administrator. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for business purposes. 1. The signs shall be allowed only within the CCD, Central Community Zoning District. 2. The signs shall occupy the public or private sidewalk area within five (5) feet of the entryway of the business it serves. The placement of the signs shall not impede pedestrian or vehicle circulation. If on the public sidewalk, such signs shall be placed so that no less than six feet of sidewalk is available for passing of pedestrians. 4. The signs shall display messages oriented toward pedestrians. The signs shall not have electrical connections, nor include any lighted or moving component. 6. The display of such signs shall be limited to the hours of the business it serves. 7. The signs shall be constructed of wood or other materials determined acceptable by the City. Color and design shall meet the design guidelines for the CCD zoning district, and shall not be composed of "flourescent" colors. 3/47 8. The maximum size of such signs shall be no greater than five (5) feet in height and six (6) square feet in azea and must comply with all other regulations of this ordinance. 9. Any sign placed under this section shall infer an indemnification of the City of Monticello by the owner of the sign for any liability or claim made involving the sign or sign location. 10. No such sign shall be connected or attached to any public structure, including light poles, traffic control devices, public street furniture, utility equipment, or other such facility. (#403, 11/10/03) 2. PROHIBITED SIGNS: The following signs are specifically prohibited by this paragraph. (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. (b) Any sign. which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs. (c) Any sign which moves or rotates. Exempt are time and temperature information and barber poles. (d) Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or similar devices, except in case of Subsection [C], Paragraph 4. (e) Portable signs as defined in i below and other attention-getting devices as defined in iii-v below, except as allowed in Section 3-9.(B). 1 (i) and as provided for in Subsection [C], Paragraph 4. (#403, 11/10/03) i. Portable signs shall be defined as an advertising device not permanently attached to a building, facade, or pylon. ii. Banners shall be defined as fabric, paper, vinyl, or similar material which carries a specific message and which can be hung on a wall, facade, awning, canopy, suspension cable or wire, etc. iii. Streamers/Pennants shall be defined as flags, triangular pennants, spirals, spinners, etc., attached in series to a single cord or support line which is then strung or suspended from point to point. iv. Inflated devices shall be defined as inflatable devices which may be stationary or airborne (but tethered) which are intended to attract attention to a specific location or site. 3/48 v. Searchlights -self defining. (#150, 5/27/86) (f) Signs which are attached in any manner to trees, fences, utility poles, or other such permanent supports, except for those signs found on fences (inside) of baseball pazks. (g) Advertising signs of 200 square feet or more in place on or before June 23, 1980, and which aze the principal use of the lot of record as of the above date and which have an agreement on file with the Ciry on or before August 23, 1980, in the form so designated by the Ciry Administrator, which is signed by the property owners and the advertising sign owners and all signatures notarized, may continue as a non- conforming use until such time as the lot of record above is developed or improved, in which case, the non-conforming advertising sign must be removed within 60 days after written notice from the Building Official. (h) Advertising signs as defined in Chapter 2 of this ordinance of 199 squaze feet or less in area, except that those signs which were in place on or before 8/15/75 may continue as anon-conforming sign. (i) Except for Electronic Message Board Signs as allowed in Section 3 [E]4.(f). No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempt are time and temperature information and barber poles. All displays shall be shielded to prevent light to be directed at on- coming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. (1/10/00, #340) (j) Roof Signs. (k) Projecting Signs except as hereinafter provided. (#334, 9/I3/99) [C] GENERAL PROVISIONS: 1. All signs shall comply with Maintenance Section 5-305 of the 1970 Edition of Volume V of the Uniform Building Code as promulgated by the International Conference of Building Officials. 2. When electrical signs aze installed, the installation shall be subject to the City's Electrical Code. 3. No signs other than governmental signs shall be erected or temporarily placed within any street right-of--way or upon any public lands or easements or right-of--ways. 4. The temporary use of portable signs, decorative attention-getting devices, and seazchlights shall require an annual or daily permit. 3/49 (a) An annual permit for portable signs, as defined herein, shall be granted for a maximum period of forty (40) days per calendar year. As a condition of the annual permit, applicant shall maintain a daily record of the use of portable signs on a form provided by the City. (#23 8, 6/14/93)(#150, 5/27/86) (b) A permit for decorative attention-getting devices shall be issued for a maximum period often (10) days with a minimum period of one hundred eighty (180) days between consecutive issuance of such permits for any property or parcel. (c) All portable signs and attention-getting devices must be well maintained and kept in good repair at all times. The Building Official shall order the immediate removal of any device considered to be damaged or in poor condition. Non-compliance shall be just cause for revocation of the permit without refund. (d) All portable signs and attention-getting devices shall be allowed only on the property or site where the business or enterprise is situated. No placement shall be allowed on public rights-of--way. (e) All portable signs and attention-getting devices shall be on ground level except that banners and streamers maybe affixed to a building, facade, permanent pylon sign, or other permanent fixture. Airborne inflatable devices shall be tethered on site. (f) Not more than two (2) portable signs shall be displayed at the same time. (g) Not more than two (2) attention-getting devices shall be permitted to be displayed in conjunction with any portable sign. (h) A decorative attention-getting device may bear the name of the business, but shall not bear any service, product, price, etc., advertising message. (i) Permit fees shall be set by the City Council and shall be payable upon application for said permit. (#150, 5/27/86) (j) Public banners maybe hung from city street light fixtures for a period of up to one (1) year. Design and placement of the public banners shall be consistent with the following standards: Design and placement of public sign/decorativebarmers must first be approved by the City Council and annually thereafter. Prior to Council consideration, applicant shall submit a banner placement plan which shows proposed 3/50 banner design, size, pole location/elevation, duration, and proposed manner by which the banners shall be hung. Banner placement plan shall also describe financing sources for purchasing and installing public banners. 2. Public banners may be hung from parking lot light fixtures or from other structures on private property only in conjunction with a City Council approved public banner system. Except for requirements outlined in section 4.(j) of this ordinance, said banners aze exempt from sign regulations. The City shall not participate in financing any portion of the cost of public banners placed on private property. City crews may assist with the installation of public banners placed on private property if compensated at actual cost to install banners. 3. Except for Christmas banners, all banners shall contain an element of the City colors and/or City logo. No private advertising maybe allowed on any banner hung in conjunction with a public banner system. 4. Public banners hung from streetscape fixtures shall be no larger than 14" by 45". Banners hung from standazd street lights shall be no lazger than 28" by 80". 5. Public banners shall not be hung in a position that will cause a substantial obstruction of visibility from the street to advertising, traffic, and directional signs and shall not be hung in a position so as to interrupt corner sight lines. 6. Public banners may be hung only on alternate streetscape fixtures unless otherwise approved by Council. 7. Banners placed on City fixtures shall become the property of the City. If damaged or in need of repair, banners may be removed by City staff. The public banner system maybe discontinued, and all banners, including those on private property, maybe ordered removed at the discretion of the City Council. 8. The bracket system used to hang banners shall be of sufficient strength to withstand strong winds and shall be designed in a manner that allows easy installation and removal of banners. 5. All signs shall display in a conspicuous manner the owner's name, permit number, and date of erection. 6. All height restrictions on signs shall include height of sign structure. 3/51 7. In any district, any portion of any sign exceeding two (2) square feet shall be set back a distance equal to fifty percent (50%) of the required building setback for that district as defined in Section 3-3 [C] of the Monticello Zoning Ordinance, as maybe amended. (#269, 5/8/95) 8. Any sign now or hereafter existing which no longer advertises, or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the sign maybe found within ten (10) days after written notice from the Building Inspector. 9. The City of Monticello or its agent is authorized and required by this ordinance to enter into an agreement with the United States or any of its agencies or departments to the end that the objective stated in Title 23, United States Code, Section 131, Section 319, or any other applicable federal statute to obtain non-conforming signs along the Great River Road within the city of Monticello. However, the City of Monticello or its agent shall not be required, nor allowed, to expend funds for the acquisition ofnon-conforming signs or advertising devices under this chapter until federal funds in the amount of 75% or more to his acquisition cost are made available to the City of Monticello for the purpose of carrying out this ordinance. No sign nor advertising device legal under Laws 1971, Chapter 883, shall be required to be removed or relocated until payment, as provided in Laws 1971, Chapter 883, is tendered by the City of Monticello. 10. Signs maybe located on conforming fuel station pump island canopies. Such signs shall be considered as wall signs, and shall be regulated in the same manner as any other wall signs on the property. (#247, 3/14/94) [D] NON-CONFORMING SIGNS: 1. The following are non-conforming signs: (a) Off-premise signs, .except signs located inside ball parks and on bus benches. (b) Prohibited signs. (c) All other signs not expressly prohibited but which do not conform to the provisions of this subdivision. 2. Anon-conforming sign may not be: (a) Changed to another non-conforming sign. 3/52 (b) Structurally altered except to bring into compliance with the provisions of this subdivision. (c) Expanded. (d) Re-established after its removal for thirty (30) days. (e) Re-established after damage of more than fifty (50) percent of sign replacement cost except to bring into compliance. All non-conforming and prohibited signs shall be removed or brought into conformity with this ordinance after notification in writing within the following time period. (a) Any sign in violation of the prohibited signs as defined in [B] 2: Thirty (30) days (exception: advertising signs, five (5) years). (b) For all other non-conforming signs: five (5) years. 4. Notwithstanding any other requirement in Section 3-9 of this Ordinance to the contrary, off-premise or advertising signs maybe relocated as follows: (a) This section shall apply exclusively to off-premise advertising signs of 200 square feet or greater that have a specific, written, fee or leasehold interest in the property on which they are currently located, and which are required to be removed pursuant to City acquisition as part of a City utility or road project. (b) Such signs maybe relocated to another part of the same parcel on which they were located at the time of the acquisition by City Council resolution. (c) Such signs may be relocated to another vacant parcel subject to the application for and approval of an Interim Use Permit per the requirements of the Monticello Zoning Ordinance. (d) In addition to any other requirements or restrictions deemed appropriate by the City Council, the owner of such relocated sign under (b) or (c) above shall not enter into any lease that extends the duration of such sign beyond the soonest termination date to which the sign is subject at the time of the relocation. Upon such date, the relocated sign shall be removed and shall not be re- established within the City limits of the City of Monticello. (e) The owner of any sign relocated pursuant to this section shall enter into an agreement with the City of Monticello providing for 3/53 the date of removal and the terms of any lease or other contract governing the relocation. (#423, 4/11/05) [E] DISTRICT REGULATIONS: The following sections concern signs which require application and permit. 1. Within the A-O, R-1, R-2, R-3, R-4, PS and PZR districts, signs are subject to the following size and type regulations: (a) Institutional or azea identification signs, provided that the gross squaze footage of sign area does not exceed eighteen (18) squaze feet, and if the sign is freestanding, the height does not exceed eight (8) feet. (b) Public Signs (as defined in Section 2-2[PJ]. Such signs shall be subject to the following requirements: 1. Any public sign for civic interest groups within the City of Monticello shall have a face azea no lazger than 18" x 24". 2. Civic interest groups within the City of Monticello may, at the discretion of the Council, have up to three off-site directional signs. 3. Any public sign for a civic interest group within the City of Monticello shall be green in color with white lettering only. (#460A, 5/29/07) (c) In the PS District two institutional identification signs not exceeding a total of 75 square feet and eight (8) feet in height are allowed in addition to the institutional or azea identification sign identified in Section 3-9[E]la.. (#314, 8/10/98) (#447,5/22/06) 2. Within the PZM, B-1, B-2, B-3, B-4, CCD, I-1, I-lA, and I-2 districts, signs are subject to the following size and type regulations: (#298, 10/13/97) (#334, 9/13/99) (a) Within the PZM and B-1 districts, the maximum allowable square footage of sign area per lot shall not exceed the sum of one (1) square foot per front foot of the building plus one (1) square foot for each front foot of lot not occupied by a building, up to one hundred (100) squaze feet. Each lot will be allowed one (1) pylon or freestanding sign and one (1) wall sign or two (2) wall signs total. (b) For buildings in which there is one (1) or two (2) business uses within the B-2, B-3, B-4, CCD I-1, I-lA, and I-2 districts, and for buildings used for commercial retail activities located within a PZM district and located on property adjacent to B-2, B-3, 3/54 B-4,CCD, I-1, I-lA, or I-2 districts, there shall be two (2) options for permitted signs, as listed below in 2(b)i and 2(b)ii. The property owner shall select one option, which shall control sign development on the property. (#298, 10/13/97) (#334, 9/13/99) i. Option A. Under Option A, only wall signs shall be allowed. The maximum number of signs on any principal building shall be six sign boards or placards, no more than four (4) of which may be product identification signs. Signs maybe displayed on at least two walls, or equal to the number of streets upon which the property has legal frontage, whichever is greater. Each wall shall contain no more than two product identification signs and two business identification signs. The total maximum area of wall signs shall be determined by taking twenty percent (20%) of the gross silhouette azea of the front of the building up to three hundred (300) squaze feet, whichever is less. If a principal building is on a corner lot, the lazgest side of the building maybe used to determine the gross silhouette azea. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that azea within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). ii. Option B. Under Option B, a combination of wall signs and a maximum of one (1) pylon sign maybe utilized. The total number of business identification signs allowed (whether wall or pylon) shall be at least two (2), or equal to the number of streets upon which the property has legal frontage, whichever is greater. Only two product identification signs shall be allowed, and these wall signs maybe only on one wall. The total maximum allowable sign area for any wall shall be determined by taking ten percent (10%) of the gross silhouette azea of the front of the building up to one hundred (100) squaze feet, whichever is less. The method for determining the gross silhouette azea shall be as indicated in Subd. 2.(b)i. Above. Pylon signs shall be regulated as in Subd. 4 below. For single or double occupancy business structures, the total maximum allowable signage on the property shall be three hundred (300) square feet. For multiple occupancy structures, the total maximum allowable signage on the property shall. be as determined under Subd. 3 below. 3/55 (#272, 06/26/95) (#230, 06/22/92) (#247, 03/14/94) (#265, 12/12/94) 3. Conditional Uses in Commercial and Industrial Districts: The purpose of this section is to provide aesthetic control to signage and to prevent a proliferation of individual signs on buildings with three (3) or more business uses. The City shall encourage the use of single sign boards, placards, or building directory signs. (a) In the case of a building where there are three (3) or more business uses, but which, by generally understood and accepted definitions, is not considered a shopping center or shopping mall, a conditional use shall be granted to the entire building in accordance with an overall site plan under the provisions of Option A or Option B (described in 2 (b) i and ii above) provided that: i. The owner of the building files with the Zoning Administrator a detailed plan for signing illustrating location, size in square feet, size in percent of gross silhouette area, and to which business said sign is dedicated. ii. No tenant shall be allowed more than one sign, except that in the case of a building that is situated in the interior of a block and having another building on each side of it, one sign shall be allowed on the front and one sign shall be allowed on the rear provided that the total squaze footage of the two signs does not exceed the maximum allowable square footage under Option A or Option B described in 2(b)i and ii above. iii. No individual business sign boazd/placazd shall exceed twenty-five percent (25%) of the total allowable sign area. iv. An owner of the building desiring any alteration of signs, sign location, sign size, or number of signs shall first submit an application to the Zoning Administrator for an amended sign plan, said application to be reviewed and acted upon by the Zoning Administrator within ten (10) days of application. If the application is denied by the Zoning Administrator, the applicant may go before the Planning Commission at their next regularly scheduled meeting. v. In the event that one tenant of the building does not utilize the full allotment of allowable area, the excess 3/56 may not be granted, traded, sold, or in any other way transferred to another tenant for the purpose of allowing a sign larger than twenty-five percent (25%) of the total allowable azea for signs. vi. Any building identification sign or building directory sign shall be included in the total allowable azea for signs. vii. Any sign that is shazed by or is a combination of two or more tenants shall be considered as sepazate signs for square footage allowance and shall meet the requirements thereof. viii. All signs shall be consistent in design, material, shape, and method of illumination. (b) In the case of a building where there aze two (2) or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit maybe granted to the entire building in accordance to an overall site plan indicating their size, location, and height of all signs presented to the Planning Commission. (#396,7/28/03) A maximum of five percent (5%) of the gross area of the front silhouette shall apply to the principal building(s) where the aggregate allowable sign azea is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one (1) pylon or freestanding sign identifying the building which is in conformance with this ordinance. For purposes of determining the gross azea of the silhouette of the principal building(s), the silhouette shall be defined as that azea within the outline drawing of the principal building(s) as viewed from the front lot line or from the related public street(s). For shopping centers of greater than one hundred fifty thousand (150,000) squaze feet of aggregate building square footage and greater than twenty (20) acres in site area, two freestanding signs may be permitted under this section. The applicant may construct two pylon-style signs in conformance with this ordinance, or in the alternative, may construct one pylon-style and one monument- style sign. When this latter option is chosen, the monument sign shall be no greater than eighteen (18) feet in height nor more than one hundred (100) squaze feet in azea, and the pylon maybe no greater than fifty (50) feet in height and four hundred (400) squaze feet in azea. (#396, 7/28/03) 3/57 4. Pylon Sign: The erection of one (1) pylon sign for any single lot is allowed under the following provisions: (a) Location: No pylon sign shall be located closer to the property line than as allowed in Section 3-9 [C] 7. In the case of a corner lot, both sides fronting on a public right-of--way shall be deemed the front. (#269, 5/8/95) (b) Parking Areas, Driveways: No part of the pylon signs shall be less than five (5) feet from any driveway or parking azea. (c) Area, Height Regulations: SPEED AREA HEIGHT ROAD CLASSIFICATION (MPHL fS0 FT) FEET Collector 30 25 16 35 50 20 40 100 24 Major Thoroughfares 30 50 18 35 100 22 40 125 24 45 150 26 50 175 28 Freeways and Expressways 55 200 32 and above Highway 25 NA 50- 22 100 i. In the case of subject property directly abutting State Highway 25, pylon sign area may range from 50 sq ft to 100 sq ft depending on total lineal feet fronting Highway 25. 3.03 feet of pylon sign azea is allowed per every 10 feet of lineal frontage with the following exceptions: 1) all properties may erect a pylon sign with a sign area of 50 regazdless of front footage abutting Highway 25, and 2) the maximum pylon sign azea shall not exceed 100 sq ft regardless of total lineal footage of property abutting Highway 25. (#173, 4/10/89) 3/58 (d) Definitions: Definitions of road classifications apply as defined by the official comprehensive plan as adopted. (e) Application: The level at which the sign control system applies is determined by the type of road, as defined above, which directly abuts the subject property. i. In the case of subject property directly abutting more than one (1) road, each designated by a different road classification type, the less restrictive classification shall apply in determining sign azea and height. ii. Actual sign height is determined by the grade of the road from which the sign gains its principal exposure. iii. Area as determined by the formula under 3 (c) above, applies to one (1) face of a two (2) faced pylon sign, or two (2) faces of a four (4) faced sign, etc. iv. A bonus allowing "freeway standard signs" (200 sq ft in area and 32' high) in a commercial or industrial area is available to all businesses located within 800 feet of a freeway but do not abut a freeway. (fj Electronic Message Boazds maybe allowed in the B-3 and B-4 Zoning Districts and on those parcels within the CCD Zoning District which have direct frontage on Trunk Highway 25 south of 4"' Street, as a part of the freestanding or pylon sign display provided that: The sign complies in all other respects with the sign regulations of the Zoning Ordinance. ii. The sign does not create a traffic hazard or a nuisance. iii. The sign does not flash its message, although continuous scrolling text is allowed. iv. The sign meets all requirements of the City's Building and Electrical Codes. v. The sign does constitute a separate or additional freestanding sign support structure. The sign must be otherwise allowed under this ordinance as a pylon sign or must be a part of an allowed pylon sign plan as defined herein. 3/59 vi. The electronic message board portion of the sign does not constitute more than fifty percent (50%) of the allowable pylon sign area, or seventy (70) square feet, whichever is less. (#340, 1/10/00) (g) In the B-3 Zoning District only, certain parcels maybe allowed to construct a second freestanding sign on the property when the following conditions are complied with: i. The property directly abuts Interstate 94 and one other collector (or higher) status street. ii. The property in question is no less than two (2) acres in area. iii. The second freestanding sign shall be located no closer than three hundred (300) feet from the first freestanding sign on the same property. iv. Only one of the two freestanding signs maybe located within any yard (front, rear, or side) of the property. This clause shall be interpreted to mean that each sign shall be required to have a separate roadway as its primary exposure. v. Where two freestanding signs are allowed, the sign that fronts on the road which serves as the primary access shall be of a monument design, with a maximum height often (10) feet and a maximum square footage of sixty (60) square feet. vi. Where two freestanding signs are allowed, the sign that fronts on the freeway exposure shall conform to the provisions of Section 3 [E] 4.(c) above. This section shall not be applied to the calculations for signage when an applicant is seeking development design flexibility under the City's Planned Unit Development provisions. viii. Both signs allowed under this subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance. (6/ 11 /01, #361) 5. Address Numbers Sign: DELETED (3/24/08, #476) 6. Projecting Signs: Projecting signs shall be permitted within the CCD District but only in the "Broadway Downtown District" thereof as defined by the Monticello Downtown and Riverfront Revitalization Plan. Only 3/60 one (1) projecting sign maybe erected per business, with no more than two (2) such signs erected per building, subject to the following conditions: Projecting signs: (a) Shall be only business identification signs. (b) Shall be fronting on a public street. (c) Shall not exceed six (6) square feet in azea. (d) Shall be considered a wall sign for the purposes of maximum allowable sign area. (e) The edge of the sign closest to the building must be no farther than 12 inches away from the building. (f) May extend over the public sidewalk, but shall not extend closer to the public street than to within 3 feet from the backside of curb. (g) Shall be at least 8 feet but not more than 12 feet in height above walking surfaces or sidewalks. (h) Shall not be internally illuminated, but maybe externally illuminated. [F] FEES AND LICENSE: (#334, 9/13/99) 1. FEES: (a) Payment Fees: The permit fee and other fees and charges set forth in this ordinance shall be collected by the City before the issuance of any permits, and the City Administrator, Building Inspector, or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this subdivision may not issue a permit until such fee shall have been paid. (b) Double Fees: If a person begins work of any kind for which a permit from the City is required without having secured the necessary permits therefore either previous to or on the date of commencement of such work, he shall, when subsequently securing such permit, pay double the fee provided for such permit or is subject to the penalty provisions of this ordinance. (c) Fees Required: Sign applications and subsequent fees will be required for all signs which do not appear in Chapter 3, Section 9 [B] (permitted and prohibited signs). Fees shall not be required for repairs of signs and sign structures. 3/61 (d) Initial Fee: i. The initial fee shall be determined based upon the cost of the sign from a fee schedule adopted by the City Council. ii. All sign applications must be accompanied by proof of contract and purchase price. (e) Special Permit Fees: Special permit fees shall be assessed for all attention seeking devices as described in Section 9, Subsection [C], paragraph 4 of this chapter. The fee shall be five dollars ($5.00) for each permit. 3-10: ADULT USES: [A] PURPOSE: The purpose of Section 3-10: Adult Uses is to provide the opportunity for operation and establishment of adult land uses while providing controls that limit negative impacts of adult uses on residential and commercial azeas. [B] GENERAL: Adult use as defined in this ordinance shall be subject to the following general provisions: Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. 2. Adult uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. 3. An adult use which does not qualify as an accessory use shall be classified as an adult use/principal. 4. Zoning Controls and District Text Application: a. So as to provide specific opportunity for adult uses to exist within the city of Monticello, an analysis of the existing city ordinance text and map has been conducted. It was determined that the I-2 zoned districts provided the most appropriate zones to accommodate adult uses classified as principal activity. Only amendments to the I-2 text are, therefore, proposed to accommodate adult uses/principal. Principal adult uses are permitted only in the I-2 zoned districts. b. Table 1, as follows, provides an initial basis for determining adult principal use opportunity within the city of Monticello. The I-2 zoned districts have been first evaluated as to area as related to the balance of the city (Table 1) and secondly, the 3/62 Council Agenda: 4/27/09 10. Consideration of authorizing preparation and submittal of FHWA Interchange Warrant Report. (BW) A. REFERENCE AND BACKGROUND: On March 23rd the City Council directed staff to meet with representatives from the Federal Highway Administration (FHWA) to determine what the City needs to do to request that the on-ramp to eastbound Interstate 94 (I-94) from East Broadway/CSAH 75 be reopened to traffic. On April 9th representatives from the City, the FHWA, and the Minnesota Department of Transportation (Mn/DOT) met in Monticello to discuss this issue. At the meeting the FHWA informed the City that they are now allowing local and regional agencies to use a new process for submitting requests for reopening or creating new accesses onto their interstate system. This process no longer requires these agencies to utilize expensive traffic modeling programs to develop projected traffic volume data which considerably reduces costs associated with submitting such requests. During the meeting it was discussed that the City Council is considering making this request because Council considers the old on-ramp to be an easier, safer access to I-94 than the ramp recently constructed as part of the CSAH 18 interchange. This is due to the fact that the old ramp accesses the freeway on tangent and at a relatively flat grade, whereas the eastbound on-ramp at CSAH 18 accesses the freeway within a horizontal curve and vehicles are accelerating while on an incline making it harder for vehicles to achieve merging speed by the time the acceleration lane ends. As Council is aware, the new eastbound I-94 bridge over East Broadway will be constructed with a dedicated acceleration lane thereby extending the length of the acceleration lane by approximately 1,500 feet. This will make it easier for vehicles to reach merging speed by the time they are required to merge. It should also be noted that of this 1,500 feet approximately 1,100 feet will be on a decline, thereby aiding in acceleration. Mn/DOT's I-94 twin bridge replacement project at East Broadway is scheduled to be completed in October of 2010, which means that the old on-ramp to eastbound I-94 will not be obliterated until that time because it is needed for detouring traffic during the project. As such, Council could table their motion until after the new eastbound bridge is constructed and the CSAH 18 eastbound on-ramp with the extended acceleration lane can be evaluated as to its operational effectiveness. There are a couple of issues associated with reopening the old on-ramp to traffic that Council should be made aware of. First, Pfeffer Companies has voiced concern that reopening the old on-ramp could have an impact on the marketability of their property east of CSAH 18 between Meadow Oak Avenue and the new CSAH 18 interchange on-ramp to EB I-94. The developer also noted that his participation in the funding program supporting construction of the CSAH 18 interchange was predicated on shifting of traffic to the area of the interchange. Secondly, residents in the Meadow Oaks and Oak Ridge Estates developments have expressed concerns to staff that reopening the old on-ramp will likely result in an increase in traffic volumes and speeds through their neighborhood as drivers will once again use Oak Council Agenda: 4/27/09 Ridge Drive as acut-through route to the I-94 on-ramp. Before the new CSAH 18 interchange was constructed, while the CSAH 75 access was still open, complaints were received from these neighborhoods from time to time regarding non-local traffic using Oak Ridge Drive as a shortcut from CSAH 18 to the freeway on-ramp. Unfortunately, there is no hard data or traffic modeling information available relating to this decision factor at this time. It is anticipated that several of these residents will attend the Council meeting to present their concerns to the Council in person. A.1 Budget Impact: The estimated cost to prepare and submit the application to the FHWA is $5,500. A.2 Staff Impact: Impacts to City staff will be minimal. WSB and Associates would complete most of the work associated with the application to the FHWA. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation and submittal of FHWA interchange warrant report. 2. Motion to deny preparation and submittal of FHWA interchange warrant report at this time. 3. Motion to table item until after the twin I-94 bridges have been replaced and the new eastbound on-ramp configuration can be evaluated as to its operational effectiveness. C. STAFF RECOMMENDATION: During our meeting with the FHWA they indicated they are not likely to grant the City permission to reopen the old on-ramp to eastbound I-94 at East Broadway. That does not mean that the matter should not be pursued because the cost to process the request is relatively small. However, there are other traffic issues created by the reopening of the access that might offset the potential benefit access. It is our view that the City might be better served by tabling the item at this time to be considered again at such time that the twin I-94 bridges have been replaced and the new eastbound on-ramp configuration has been evaluated as to its operational effectiveness. D. SUPPORTING DATA: FHWA Interchange Warrant Process document Interchange Warrant Process for Proposed New Interchanges Policy New interchanges are only considered after transportation managment strategies, grade separation alternatives or other improvements to adjacent interchanges and the supporting arterial system are found to be unable to provide necessary regional mobility. Interchange Warrant Process In order to make the Interchange Request Process for new interchanges on freeways more efficient and effective, all new interchanges shall meet the following warrants before an Interstate Access Request (or NHS Freeway Access Request) is initiated. All warrants must be met to proceed with a freeway access request. This warrant study shall be submitted to MnDOT for a determination on the need for a new interchange. MnDOT will request advice from the Federal Highway Administration on the study and will issue a response. MnDOT may request a formal response from FHWA. Based the information provided in the warrant study the MnDOT will make a determination on the need for the new interchange. All five warrants shall be met to provide a positive finding on the need for the interchange. If the request is denied no further Interstate Access (or NHS Freeway Access) request documents will be accepted. If the warrants are met a formal Access Request will pursed by MnDOT. Warrant 1 The existing interchanges and/or local road cannot provide necessary regional mobility. Warrant 2 The local roadway system including arterial roadways, collector roadways and local streets cannot be improved to serve existing interchanges, thereby providing necessary access to the freeway system. Warrant 3 Traffic management, transit service, and demand management does not or cannot provide necessary regional mobility. Warrant 4 Demonstration that access provides an appropriate balance between access and regional mobility needs while maintaining the limited access facility operational integrity. Warrant 5 The proposed interchange is consistent with the Regional Transportation Plan, The Metropolitan Council's Long Range Plan and the Statewide Long Range Plan Documentation Requirements Documentation should be of sufficient depth to clearly answer the 5 warrants. This is a preliminary step to determine if the proposed interchanged warrants an interstate access study and therefore is significantly less rigorous and detailed than that process. The needs analysis in warrant 1-4 should include appropriate traffic forecast studies, land use planning information, sketch planning analysis of the transportation system, capacity analysis of freeway facilities and local road systems, and other pertinent information. Council Agenda: 4/27/09 11. Consideration of authorizing preparation of Feasibility Report for signal system at School Boulevard & Cedar Street intersection. (BW/JO) A. REFERENCE AND BACKGROUND: In the Development Contract for Monticello Business Center 3rd Addition, dated October 12, 2004 (attached as supporting data), assessments were agreed upon for a proposed signal system at the intersection of School Boulevard and Cedar Street, as long as the signal is warranted. The total cost of the proposed signal system at the time was $256,000, which included indirect costs. Per the contract, each of the two developers (Ocello and Walmart) were to be assessed an equal share in the amount of $128,000; payable over a 10 year period in 10 equal principal installments. However, the Contract also states that should this signal system not be constructed within 5 years after the date of the agreement then the provisions of this assessment shall be null and void and neither developer shall have any further obligations associated with this signal system. WSB and Associates recently completed a preliminary signal warrant analysis to see if a signal system is warranted at present. Their analysis found that signal system warrants are met at this location. As such, if the City wishes to hold the two developers accountable for constructing this signal system it would need to be constructed by October 12, 2009. Based on what is known about current local contractor and equipment availability, this deadline should not present a problem as long as preparation of the Feasibility Report is authorized by May 11, 2009. This project was discussed briefly during the Council CIP workshop, at which time Council questioned whether this signal system should be constructed now or delayed for a period of several years. Ocello has indicated they would be agreeable to extending the deadline, but the other developer was not able to be reached before this report was written. A.1 Budget Impact: The current estimated cost to design and construct this signal system is roughly $300,000. This means that the City would be responsible for paying about $44,000 of the project costs. However, costs could come in lower than this, but this would not be known until the project is bid. A.2 Staff Impact: Impacts to staff will be minimal. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation of Feasibility Report for signal system at School Boulevard and Cedar Street intersection. 2. Motion to authorize preparation of Feasibility Report for signal system while simultaneously working with the developer and Wal-mart to extend the terms of the contract for a period of years. 3. Motion to deny preparation of Feasibility Report for signal system at School Boulevard and Cedar Street intersection and to work with the developer and Wal-mart to extend the terms of the contract for a period of years. Council Agenda: 4/27/09 4. Motion to deny preparation of Feasibility Report for signal system at School Boulevard and Cedar Street intersection at this time. C. STAFF RECOMMENDATION: Based on the timelines discussed above, as well as the fact that the preliminary warrant analysis performed indicates this intersection already meets signal warrants, staff recommends Alternative Actions #1 or #2. Both options call for moving forward on construction this year. In order to guarantee developer/Walmart funding of the project we must get it constructed this year so we should not delay in authorization. However, if Council so desires, while progress is moving forward on the construction cycle we can see if Walmart prefers to extend the contract (Alt 2). If in the coming weeks we find that Walmart prefers to extend the contract we could put the project on pause to a future date. We would not recommend holding up the project pending input from Walmart because it could take some time to get a decision which could result in our inability to meet the timetables of the agreement. D. SUPPORTING DATA: Pgs 9 & 10 -Monticello Business Center 3rd Development Agreement (10/12/04). obligation to pay any additional amounts to the City if the actual amounts of the costs of the Publ~e improvements exceed the estimated amounts set forth herein. As to the Qcallo Land, gcello shall pay its share ofi the actual costs of the Public Improvements, if the costs of the Public Improvements are less than the amounts deposited with the City by C?cello as described in Section 19 and summarized 'rn this Section 21, the City shall promptly reimburse to Ocello any excess, not later than 3fl days after completion of the Public Improvements. If the costs of the Public improvements are greater #han the amounts deposited with the City by Ocello as described in Section 19 and summarized in this Section 21, Ocello shall pay any additional amounts to the City not later than 3t1 days after completion of the Public Improvements. Ali special fees and charges shall be due and payable as and when set forth in Section 21 below, unless specifically otherwise provided. A. Sraffc Signa(~, 1. Highway 25 artd School Boulevard. Each Developer sha€I be responsible far a port'tan of the costs of traffic signals for the intersection of Highway 25 and School Boulevard based on the Trunk Highway 25 and School Boulevard Traffic Signal Report prepared by 5B Engineers dated .luly 22, 21704 (Table 2) and attached hereto as Exhibit G in the following amounts: l-lwy 25 & School Blvd. Signal Wa[-Mart Lot $23,248.52 (7ceilo Land $37,950.22 2. Cedar Street and School Boulevard: Each Developer shall be responsible for a portion of fhe cost of traffic signals for intersection of Cedar Street {Wa?-Mart entranced and School Boulevard in an amount to be determined by the City based on actual public bids; said amount to be divided equat?y between the Developers in file following amounts: CedarlWai-Mart Entrance & School 81vd Waf-Mart Lot X128,000.00 Oceilo Land $128,000.00 if the signal is warranted under applicable rules for determinsng traffac signal warrants, the City shall promptly construct the signal The Developers' shares o€ the costs of cons#ructing the signa€ shall not 9 exceed S256,(}OQ.00, which shall be apportioned equally betwaen the Wal-Mart Lot and the Ocello Land, with each tot being assigned an assessment of $128,OG13.0~. the assessments shat( be payable over a #en year period, in ten equal principal installments, plus interest at 5.5°fo per annum on the rematning princlpa! balance each year. Interest will begin to accrue an the principal balance corrtmencing on the date of completion of constructon of the improvement. Ti?e assessments shall be deemed adopted on the date this Agreement is signed by the City. The Developers, by signing this Agreement, actinowledge that all procedural and substan#ive ab}actions to the assessment are hereby waived unconditionaiiy, such waiver includes any rights ofi Owner, its successors or assigns to hearing requirements and any claim that the assessments exceed tie benefit to the Subject Property. The Developers further waive any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.1381. l~otwitfistanding the foregoing,. if the traffic signal at Cedar Street. and School Boulevard is not constructed within five years after the date of this Agreement, the provisions of this Section 19(A}(2} shag be null and void and Wane cif the parties shall have any fiurther obligations or rights hereunder. E3. School boulevard_ ~, ~ltesilan lrx~~sravements, Each Developer sfaall be responsible for a portion of the cost of the median improvements to School Boulevard, as further described in the attached Exhibit D: School Bouleuard Median Imrsrovements V1{al-Mart Lot $554,902.00 Ocello Land $204,542.00 2. Ctfher School boulevard lm rovernents. Each Developer shall by responsible for a portion of the costs of the other improvements to School Boulevard, said costs based upon the standard front foot estimates prepared by and consisten#ly used thraughou# the City by the City Engineer. t7ther School Boulevard trnprovements Wai-Mar# Lot Sidewalks (8 foot sicewalks} ~30.721firont foot x 995.10} = ~~~=55~'.~7 Street Lights ($94,56/front font x 995.10} = X34,390.60 1 fl Council Agenda - 04/27/2009 12 .Consideration of Replacement of 1987, 4610 Ford Ditch Mowing Tractor. (T.M.) A. BACKGROUND INFORMATION: The Street Department is requesting replacement of the 1987, 4610 Ford tractor equipped with a rear and side mounted flail mower. This tractor was purchased approximately 10 years ago for $12,000.00. We use this tractor for mowing ditches, outlots, city owned lots, pond areas, and along pathways and ruff areas in certain parks. To give you an idea of the amount of area we cover, we mow 381ane miles of ditches, total of 2 acres at the end of 8 different dead end streets, total of 1 acre around various cul-de-sacs, 3 acres along pathways, 17 acres around varies ponds throughout the city, and 39 acres of various lots and outlots that the city owns. I have included data sheets of areas we maintain in the supporting data. We schedule the mowing of these areas beginning the 1St week of June and takes about 3 weeks. The second phase of our mowing is at the end of July, and this mowing generally takes 1 to 2 weeks. We do not cover all areas at that time as there is a slower growing period. The third phase is mid-September and at that time we mow all areas, which will take about 3 weeks. Mowing of these areas is very important to control weed population, brush over-growth, fire safety and visibility, to name a few. We have researched the possibility of contracting this type of mowing. To this date I have not found a contractor who does this type of mowing. I have checked with other communities in the area and they all do their own mowing. This particular tractor is and can only be used for mowing. We would like to build a tractor that can be used year round. The tractor we are recommending would be set up with a rear and side mounted Diamond flail mower which requires 80hp. Furthermore, we would like to use this tractor for plowing in the winter months, that way it would be a beneficial piece of equipment for the City that we could use all year. My goal with plowing is to get the most efficient equipment and reduce the number of man hours per plow period in an effort to cut over-time and plow the City within 8 hours. With this tractor's visibility it will work excellent in parking lots, even more so in cul-de-sacs where it would cut the time of plowing in half. Safety is a huge factor when it comes to plowing cul-de-sacs as children tend to play more in them than on a regular street. At the start of 2007 we updated our Equipment Maintenance Program. With this program we now keep track of dates, departments, miles and/or hours on the equipment, brief description of repairs, part costs and hours spent on the repair. I have included a copy of the maintenance record of this particular tractor in the supporting data. When you read over the maintenance you will notice only Al's name is listed as the repair tech. These were only repairs that had work orders written. Many of the minor repairs are done by the operators, which no records are kept. Discussing the future of this tractor with Al and our operators I feel it is time for the tractor to be replaced. Council Meeting - 04/27/2009 a. Budget Impact: In preparation for this purchase, the Street Department has budgeted appropriate funds over a two year period, totaling $80,000. 2008 Budget Amount $30,000.00 2009 Budget Amount $50,000.00 We looked at four different tractors, all on the State Bid equipped with Diamond mowers, those being a John Deere 5105 ($69,611.12), New Holland T5070 ($70,060.00), Case 105 ($69,107.00) and Challenger 544B (72,086.00). All four tractors are within a few thousand dollars of each other and we feel that the Challenger is best suited to the needs of the City and the Street Department. All the tractors are very similar in size and horse power. The Challenger is higher in price because it is the only tractor that comes standard with an auto power shift transmission. Information on the transmission is included in the supporting data. Once we decided on the tractor that best suited our needs, I did some research into finding a used Challenger (that would be more cost effective) to mount the new Diamond flail mowers on. Ziegler Cat in St. Cloud has a used 2007 Challenger 544B with 43 hours on the machine. For the past two years this tractor has only been used for demonstrations. We have come to agreement of $68,119 for this used machine with a full two-year warranty (same as new) for this tractor. This would be cost savings of nearly $4000.00 as compared to the new Challenger. With that in mind, this is the tractor we are proposing the Council to consider for approval to purchase. We will upgrade the tires on this tractor to an all terrain tire at a cost of $1,800 and equip it with a Virnig SBV120 V snow plow at a cost of $3,572. To save money we will build and mount all plow components in-house. Ziegler Cat is offering a trade in value of $5,000 for the 1987 Ford 4610 tractor with flail mower. The total cost breakdown is as follows: 2007 Challenger 544B Final price with options: $73,491.00 Less trade-in $ 5,000.00 Sales tax $ 4,451.92 Final Price X72,942.92 b. Staff Workload Impact: The staff workload impact of this tractor will be very positive. The existing tractor does not have a cab so, therefore, the operators are exposed to breathing all the elements that are released into the air as they are mowing. With operating a newer tractor we will be eliminating breakdowns so we will be more efficient with man hours. Being able to use this tractor for plowing operations will also allow us to plow cul-de-sacs faster and much safer. Council Agenda - 04/27/2009 B. ALTERNATIVES: The first alternative would be to authorize the purchase of the used 2007 Challenger 455B with a full two-year warranty with the new Diamond rear and side mounted flail mowers, upgraded Nokian 400/80R24 front and 480/80R34 rear tires and Virnig SBV120 V Snow blade, and to trade in the 1987 Ford 4610 tractor for a total price of $72,942.92 from Zeigler Cat. 2. The second alternative would be to authorize the purchase of a new 2009 Challenger 455B tractor with a new Diamond rear and side mounted flail mower from the State Bid with optional Nokian 400/80R24 front and 480/80/R34 rear tires and Virnig SBV120 V Snow blade, trade in the 1987 Ford 4610 tractor for a total price of $76,629.95 from Zeigler Cat. 3. The third alternative would be to not replace the 1987 Ford 4610 tractor at this time. C. STAFF RECOMMENDATION: It is the recommendation of staff that the City Council authorize the replacement of the 1987 Ford 4610 tractor as outlined in Alternative A at an expected cost to the City of Monticello of $72,629.95. As previously indicated, we have placed an amount of $80,000 over a two year period in our Budget for this purchase. The capabilities of this tractor will be significantly above the older one and will definitely increase the efficiency of the Street Department. D. SUPPORTING DATA: Copy of State Bid for new 2009 Challenger 455B; copy of quote for used 2007 Challenger 455B; Information on AutoPower Shift Transmission; Picture of 2007 Challenger 455B; Picture of Diamond Flail mowers; Picture of 1987 Ford 4610; Data sheets of mowing areas; Data sheets of maintenance records; and Public Works Vehicle Replacement Policy. SUPPORTING DATA STATE BID FOR 2009 CHALLENGER ZIEGLER Date: April 14 , 2008 901 West 94~' Street Minneapolis MN 55420-4299 70• Egu!Lment• .City Of Monticello One New 2009 Cat MT 4558 Tier 111 Tractor 909 Golf Gourse Rd. .Monticello , Mn 55362 ID# SIN Attn: Tom Approx. delivery -August WE PROPOSE TO FtrRNISH IN ACCORDANCE WITH THE FOLlOW1NG SPECIFICATIONS, TERMS AND CONDITIONS: SPECIFICATIQNS MT455B 4WD ,Cab, Tier III 63,482 Auto Power tV 16X16 Semi-pawershift 0 3 Spool Valves 865 Air Suspended Seat 762 Rear Washer Wiper 351 Telescopic Mirror 407 tntemal Mirror 48 Rotating Beacon 279 Engine Block Heater 122 Front 380/85824 0 Rear 460/85834 5,569 List: 71,885 28%: (20,128) Price: $ 51,757 Optional Equipment Nokian 400/80824 Nokian 480/ 80834 $ 1,295 Vimig SBV120 V Snow blade $ 3,572 Diamond DSF075-C side flail mower $ 13,392 Diamond DRF102 rear Flail mower $ 6,537 Freight $ 400 Total optional equipment $ 25,196 Trade in : One used 1987 Ford 4610 tractor with Mott mower Trade value $ 5,000 Final selling price with options $76,953 Less trade in $ 5,000 Sales tax $ 4,676.95 Final setting price $ 76,629.95 Warranty on Cat equipment: 2 years full machine warranty 4 years powertrain warranty ($500 deductible ) TERMS AND CONDITIONS The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attached hen:to, and the purchaser by signing this order acknowledges receipt of the Caterpillar warranties. The Purchaser agrees to pay any and all taxes, assessments, licenses, and govemment charges of every kind and nature whatsoever upon said equipment which may be knposed or assessed against or resulting to the Setter on account of the possession or use of said equipment by Purchaser. All provisions hereof are contingent upon government restrictions, strikes, accidents, delays of carrier and other decays unavoidable and beyond Seller's control. !t is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithstanding delivery or possess~n, until the entire price is paid by cash in tuft. THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY AS SPECIFIED HEREIN: ACCEPTED: Ziegler By Subtect to aoorovai bY;, Its ~le~ter tnC. Approved: MT~•5~~ Tier C!f with Ataw StyEe Hood STANDARD EQUIPMENT F.0.8. PORT OF ENTRY ENGINE SYSTEM • Tier DI K4th tVew Shrle Rood • Engine: CsLT 4.4C Series 4 C7rlinder Diesel Engine 4Vastagato Turbocharged and lntercooted with Common Red Injection and Electronic En ine Management 2t38 Cu. In. ((4.4 L} 85 PTnghe }ip QQ F~ (~i 22fm RI~R,i • Air Cleaner: bual Elernerit Dry tape with Electrical Restrir;tlon Indicator • Exhaust: Vertical Right Sfde E;chausl • Cootlng System: Ar>tifreoze to minus 3QF • Fuet `rank Capacity: 36 Csatbns F t45 Lters} FROAJT AXLE • 2wd, Adjustsbis'PJfdth • 4wd • Heavy Duty Front Axle witlf Etoctro-Hydraullc Ergagement. ~~~ ELECTRICAL • Alternator: tr`0 Amp • One Wet, Mahtenance Free. 775 CC:A Battery • Igmtian Key with Saroly Starl and Engine ShutoFf • Llghtlng: 2 Headlights, 4 4Vorktigfets. 2 Tait Lights. 4 Flashing Safety Lights iNSYRUMEh1T5 • Armiog Instrument Panel • Digital Readout of PTO & Forward travel Spoeds • Tachometer/ tiourMeter • Fuef l's8ugci • Coohnt'Cernperature Gage • 'NaMng / Inrarrnallon Lights `Engaged Diffaranliai Lock indicator • Engine and Transnrssion Sarvtco Urdicstor • Speed Charts htPH P01NER Ti2AtN • Trar~missinn• AutoPovler~° lV 16 X tG Sarni-powerhifl (4 Ranges, 4 Spoeds/Range), Stngb Right Hand Gontsof Lever. Left Multi-func6an Shuttle • Rear Axle: inboard Ptanetarf Axle w! Electrahydrautlc DitTarendal Lock • Brakes: Independent Hydraulic Ot Coolod Disk Brakes vlith P:lecltanical Adjuslrnent • Hand Brake • P'T'0: Independent PTO 540it tlOfl HYDRAULIC SYSTEM ° Hydrostattc Steering • Choic© of Hydraulic Options: Optkm t: Open Cenlar System wth t5 gallmtn f57 limb} at the Remotes bpt[oet 7 Opon Center System wltl~ Combkted Fbvr 2d ai;min (ttlO Vntln) of the Rornotes Option 3; Load Ssneing Cic~ed Cantor System v.~ith 29 alhntn (t t 0 Yrrdn) of the Remotes ccag Modeis onty} • S~~Valveg: 2 Str-gle 1 Uauble rioting Spool Vah~es with • 3-pt Linkago: Electronic Oratt Control (ELC rnouye} ° apt Cat II Felescopic Ltnk Ends • 7.8't 7 Ibs (3548 kg}Lift Capacity OPERATORS ENVIRONMENT- CAB MODEL ' [7olu,ca Cab with Fleeter, Air Conditioner, Tinted Glass, FrontYVindshieidiMpadVVasher, Sunshade, end tmo Nan Teloscoping Extcuior Side F.•1vrors Steering: Ttt, Telescopic • f•.•techanical Sprhg Suspension Beat vrilh Arrn Rem and 5e~ Bet • t\udto Speakers. Antenna snd'Nirhtg for Radb, but Less Radio OPERATORS ENVIRONMENT- PLATFORM MODEL • Foking Rbf'S 2 Post • 5teerirtg: Trit. Telescopic • tutechanlcai Spreig Suspension Seat M15~CELLANEOUS • Toolbox • SMV Sign Section 1 -Page 364 Govemtnental Revision # Ct-109-02 April 1, 2009 SUPPORTING DATA QUOTE FOR 2007 CHALLENGER z~E~L~~ Data: April 14 , 2009 901 West 94w Street Minneapolis MN 55420-4299 To: Eauipment: .City Of Monticello One New 2007 Cat MT 455B Tractor 909 Golf Course Rd. Approx hours 30 Monticello , Mn 55362 ID# 84882 St. Cioud yard Attn: Tom Approx. delivery -Immediate WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS:r SPECIFICATIONS MT4556 4WD ,Cab, Tier III Auto Power IV 16X16 Serni-powershift 3 Spool Valves Air Suspended Seat Rear Washer Wiper Telescopic Mirror Internal Minor Rotating Beacon Engine Block Heater Front 380/85824 Rear 460l85R34 Price: $ 47,790 Optional Equipment Nokian 400/80824 Nokian 480/ 80834 $ 1,800 Virnig SBV120 V Snow blade $ 3,572 Diamond DSF075-C side flail mower $ 13,392 Diamond DRF102 rear Flail mower $ 6,537 Freight $ 400 Total optional equipment S 25,701 Trade in : One used 1987 Ford 4610 tractor with Mott mower Trade value $ 5,000 Final selling price with options $73,491 Less trade in $ 5,000 Sales tax $ 4,451.92 Final setting price $ 72,942.92 Warranty an Cat equipment: 2 years full machine warranty {expires 3-31-2011 ) 4 years powertrain warranty ($500 deductible) (expires 3-31-2013 ) TERMS AND CONDITIONS The prices quoted are current and are subject to change to those in effect at the time of shipment Caterpillar products are sold subject to the terms of the applyable Caterpillar warranty. Copies of the warranties appUcabte to this purchase are attached hereto, and the purchaser by signing this order acknowledges receipt of the Caterpillar wan'anties. The Purchaser agrees to pay any and all taxes, assessments, licenses, and government charges of every kind and nature whatsoever upon said equipment which may be unposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by Purchaser. Ali provisions hereof are contingent upon govemment restrictions, strikes, accidents, delays of carrier and other delays unavoidable and beyond SellePs control. tt is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithstanding delivery or possession, until the entire price is paid by cash to full. THi3 PROPOSAL SUBJECT TO ALL PROVIS[ONS OF THE CONTRACT AND WARRANTY AS SPECIFIED HEREtN: ACCEPTED: RespecttuUy bmitted, DAVE CAROTHERS Ziegler In 1'~~ By By Sublec~~,aooroval bv: Ziegler Inc. Approved: By ~~;;~ ~~~~~~ ~~,~~~_ STANdARQ EQUINM~~tT F.O.B. POf?7 Oi= ENTR1~ L!y!y A'Ei ~f.'i • ENGtNE SYS7'Ei~ll • ^rrtn~ •.:rl!;r,x~47r 7f.5a Sar+as ~ C. Wrtcer 'r'e~:ISEtsjate Tur;OCttarg8d Ds9i4't t`,~ eu. I+t • 45 `•lysse Hp. Sk.c filet; • 5•^ PTC Ht~ ~~ 220G rpnt • A:• tf::aner Dual El2n!ont Drt lye ,vtth (;ieclr•t:ar °sestrt4Gon ind+Gato' • t'.Iufttsr. Lars Spark rltrester. 'r°rtical Gente+ Exhrtu;it on Platform Tr3Ctor5 A-Poll E.~!a.1st or! Cab Tra~tpr5 • cr,ol=ng System: Ar~tifreez~ to AAmus 3G' F • F,+et i.~ta Ca,•sx:ity 39.& Ga+lons (45~ Utersi POWER TRI~fN • T .9rtSr•!s33+Orr: AuWPower"' N 1BFrI8f2 Sesnr-Pw:r!rsturt '4 Posvershift Ranges. 4 5iirevs:Ran~eJ 5i.•x71e Rigl-Q rlars+: ypr?rd LAVal. Left Hand Power shuttle • 7+a~isrn+S3tr)n C.++>Gh- Oil Cwlad, Matti Drsc Cl;rlcl~ • Inboari PlanaGiry final Drna • [ir3ttes Int10aK1. HyYSrguf+r:.4,^.P.rattid O+I Coolec lJuifi-Disc Qrekcra • Etertro-•iyttraur+c A+;iJatBd Gi'ferent!ai LOCK - PTO- 'ndependertl 544.'1QOd r-,7m @LECTRICAL • Cne 12 Yo.t 6att~ry : !~ :=?: • 38ttery tsolatic~ S••rtch • i~ ~nl;, A:'tarnalor • 't-p,n Te:mrnat ASAE Raar EIFrtr~c~++Gutt~t • xjndrOn Key •rnlh Safe[y 5ir~n and Kzy Shutaft • Lr. hta!y 2 Matoc~en Head Lamps vnt~r Utntimar 5rrIE~17, 2 Front anct 2 e~ -ta en Field Fl~~ad Lrgtrls 2 Fertu~er Pail Lrgsrts. 4 Amer Ftast+•ny iu~nts and Tum Sigl~is • iherntostart Cotd'r~teather 3tart+ng Aid OPE{~ATORS ENVIROIVMENT• GAB • Isotaiion Mounted RbP5 Cat: x•:!h two Doors and T+nfer GIas.S • Froctt Wutctstrerd W+par : BMasher • Extorrra2 hiarors • Hvats!g and Atr Cor!t]:t+drt+ng • Digrta} r Anattxl lnst!vment Panel • Rigt•.t S+de ~ DBSh btrp,ret~ Transrn;s,son Scut[ Le•: e' • •iyeJrO.'3L3UC Sloe Ong, Adfust;-tale .`itrarraig Column • Mte~cYk+n+Cat Spnng SUsoeRalon ~;t ws!h Atrnr¢str anC Seat Bear M{YOR:4ULEC SYSTEM • 26.4 T•~ta GPfv1(if?Q Lf'fvl} U~at F•ow System • Toro Sa~>e :Doubts Acting Remote ValvErs. K:cxcut and Foal HITCH AND DRAWF3AR • Cat~~ory II 3-P4~nt Mitch • 5*andard 5AE Swtngmg Dravvhar apTlorvA~ ~EAru~t>`s • hdocha+~cal Shuttle TfanSr!+SfiIA+• (SGerd Sh+ft; • Crettperand Sttper Crrreper Gerars • A:r 5tr3pendEd Seal • Instructor Seat (Cab Onty3 • Rea+ Wipers 4Vashor (Cab Or!tyJ • Atttiihonal Fuel Tank • H yn V:s+brldy Rac:•f (Mrxther.•t 8 Getter Clirnat~ onlyi • Front i Po~nl Hach OP>wFtATORS ENVIROPIMENT- PLATFCIithrl • Fotd+n9 R[.~S 7 Phec • rlydrostal:c Slec3nng. r1d}uz!able Steer+ny Cotumn • R>yht Side & Dash airr.+ntad Transmission Sht4 lwars • O+gitai i r~naiog tns;runatnt Panel • Mfachan::al 5p.~ng Susaerrsi~u! Soat vath Seat Eteu AXLES • 2Wfl • Hea•rv L'Sutr Frvni AxK: • 4WD -Heavy Duty Prsvrer t=ram rltte QTHEi~ STANgARD FEATURE8 • Heavy Dt~y Vanttt;le Fktat Tetr:,crlptc StabrltPrs • Front Waight Frame • Deluxe Toolbox ~t;cbr~n t - p~tgt? 3G•? Gvvt=rnrr:~nta! U S Rey # CH(18-01 Januac~~ ~ .200& SUPPORTING DATA MOWING AREA DATA SHEET TRACTOR FlAll. MOWING STREETS No. STREETS LANE MILES 1 Fenning Ave -School Blvd - 85th St NE 3.0 2 Bakken St - Deer St -Garvey Ct 0,5 3 Fallon Ave -School Blvd - 8th St NE 3.0 4 Schoo! Blvd -Edmonson Ave -Country Ln 0.5 5 CedarSt - Dundas Rd -Schooi Blvd 0.25 6 Edmonson Ave -Chelsea Rd - 85th St NE 5.0 7 85th St NE -Edmonson Ave -Hwy 25 2,5 8 85th St NE -Fallon Ave -Eisele Ave 1.0 9 Thomas Park Dr 2,0 10 Chelsea Rd -Hwy 25 -Edmonson Ave p,g it 95th St NE -South side of Glllard Ave -Haug Ave 0.5 12 Haug Ave from 95th St NE -City limits 2,0 13 Chelsea Rd - Cty Rd 39 W - 90th St NE 2.5 14 90th St NE from Chelsea Rd W -City limits 2.0 15 7th St E from Cedar St -Washington St 1.0 16 7th St E from Fallon Ave - Cty Rd 18 1.5 17 Broadwa E from Hospital -Hart Blvd 1.0 18 Hart Bivd from Liberty Bank - Cty Rd 39 E 0.25 19 Broadway E - Cty Rd 18 -Meadow Oak Dr 3.5 20 Cty Rd 75 W -1000' west of Jerry Liefert Dr 0.25 21 Elm St - 6th St W - I-94 1.0 22 7th St W -Elm St - Cty Rd 39 W 1,5 23 Minnesota St - 7th St W - I-94 0.25 24 Marvin Rd -State Hwy 25 -Chelsea Rd W 0.5 25 Marvin Rd -Chelsea Rd W -Sandberg Rd 0.25 26 Schooi Blvd -Deegan Ave -Redford Ln 2,0 27 Service Rd - 3698 School Bivd p,25 TOTAL LANE MILES -STREETS 38.5 Lane mile =distance on both sides of the street TRACTOR FLAIL MOWING DEAD ENDS No. STREETS ACRES 1 Fallon Dr 0.25 2 Pelican Ln 0.25 3 Bison Ave 0.25 4 Park Dr 0.25 5 Country Ln 0.25 6 Cedar St {Walmart) 0.25 7 Carlisle Villa a 0.25 8 East Oak Dr 0.25 TOTAL ACRES -DEAD ENDS 2.00 CUL-DE-SACS No. STREETS ACRES 1 Garvey Ct. 0.25 2 Bison Ct. 0.25 3 Oakwood Dr. 0.25 4 95th Cir 0.25 TOTAL ACRES - CUl-DE-SACS 1.00 PATHWAYS No. STREETS ACRES 1 Gatewater Dr -Spirit Hills Rd 1.50 2 Meadow Oak -Oak Rid a Cir - Oakview Ct 1.00 3 Meadow Oak - Oakview Ln -Meadow Oak Park 0.50 TOTAL ACRES -PATHWAYS 3.00 PONDS Ho. STREETS ACRES 1 School Blvd - Fenning Ave 0.50 2 E!k Ave 0.50 3 Country Ln 1.00 4 School Blvd (Ponds across from Migh School} 0.50 5 Dee an Ct 3.00 6 Savannah Ave 5.00 7 Hayward Ct 3.00 8 Redford Ln 2.00 9 3698 School Blvd - Fibernet Building 2.00 TOTAL ACRE5 -PONDS 17.50 TRACTOR FLAIL MOWING OUTLOTS Na. STREETS ACRES 1 Farmstead Ave (under Power Lines} 2.00 2 Pioneer Park 1.00 3 Cit Farm - Edmonson Ave 3.00 4 City Farm - Cty Rd 39 W 2.00 5 Featherstone Dev 1.00 6 Hunters Crossing 1,00 7 Chelsea Rd E (Ci Animal Shelter-Water Reservior} 5.p0 8 Cedar St - Dundas Rd 2.00 9 Mississippi Dr - WWTP 0.50 10 City Compost Facility - River St W 0.25 11 River St W - Cty Rd 75 W - Xcel Energy Ball fields 1.00 12 Prairie Rd 0.25 13 River St W -Locust St 0,25 14 Par West Park (220 Kevin Longley Or} 2.50 15 Commutor Lot (9250 Deegan Ave} 0.25 16 Prescott Ave 1.00 17 City lot -Deegan Ave & School Blvd 3.00 18 City lot -Chelsea Rd W & 90th St NE 2.00 19 7th St W & Cty Rd 39 W 5.00 20 Minnesota St & 7th St W 2,00 21 Sunset Ponds 4.00 TOTAL ACRES - OUTE.OTS 39,00 TOTAL LANE MILES = 38.5 E TOTAL ACRES = 62.5 a A W a 0 ~~ N 0 ti °o v a ~, ~ ~C ~ i V .T 7 " 1 1 p ~ v ~ ~ ° v c v is O ~ N A 13 p v O N W N O v r rD-. ~ ~ X D r ~ X ~ r~ ~ m ~ rn v ~ o ~ ~ N ~ N ~ O r ~rn x D_ A ~ m _C n m ~ ~Gm~ 3 -I m~ ~~ ~' z ~ ~ z o ~ m r ~ L3 D m m N D w ~~ 0 0 ~ ~ Oa x m N p a m (DDn Z ~ l7 m rt N O ~ ~ ~ ti Oi ~ O O ° ~ ~ a ~ m N D 0 ~ T r= ~ ~ m u i O O O O O O O O O ~ ~ p O O p O O p O O ~ O N A ~ ~ V N V O 0 N N O ~ (J O O ~ p ~ O O N OQO~ .P A ~ d ~'' N ~ O N ~ W ~ ~ t 4 Mn ~ Of W ~ ~ ~ M C tAD C !D ~ G i y t ~l ~ O ~ '`7 o ,y ~ ~ a ~7 n7 a y h ~7 nb ~ ~ . y~ O z a J y o'O h C 3~ 7 `T~ l +'~ ' ~J s~ ` 'fl D~ ~~ mz z~ `/ mn m n v 0 z N C N O O O n ti ti w N O ~ ~ S ° a ~ ~ ~ D v ~ ~ z ~ ~ ~ ~ m m ~ o n ~ ~ N N OO Qp v O H r'm ~~ O n ~n Z m rn ~ O ~ r D p ~ ~ oe N ~ N O! - O m O ~ N y D ~ r w N - f ~ ~ O o i ~ Z y p1 N W V O ~ ~ ~ ~ ~ ~ 4 T - D ~ ~ A w r O c -I T T ~ ~ ~ ~ ~ ~ ~ m ~ a d' m ~"' 0 0 0 o m us c n W o En 0 W o cr o ~ N A V ,o m a m O O O O O D ~ ~ O O O N N O V A N w ~^ w m ~, N s Q -~" ~ a° o ,y o ~ D r n z x ~ b ~' b m y o h bi A ~~ ~ ~ n A ~ ~~ r ~ o 0 o a O O O N o ,y b0 w ~ O y n ~" y a w 0 c ~~' 1 0 0 0 e 0 ~ N ~ ~ 0 C y O h N o a c ece J °o o r A r 2 x ~ m v ~ ~ -~ O N m m m~ rn~n ~~ m~~ v o ~ `~ ~~ 1 ~ m d 4 2 4. z m 0 rn ~vz v~zs ~~ ~m ~m ~a n ~ C ~ ~ = ~ ~ n y -i m ~ ~ m D ~ n O A ~ ~ ~ ~ ,~ j '9 Z O O O O O O O O C O O O p O N ~ O O O O O O O O pOp O poO P O p O ~ O O O 8 OO O O C O 0 N O O O A 1 0 N N 0 c n c a n O ~ y V O a ~ y e ~ S 1 ~'I y N n~ b~ J 7 y ~o ~c f~ SUPPORTING DATA VEHICLE REPLACE4IEiVT POLICY PROPOSAL PUBLIC ~ti'ORKS DEPART14iEiV1' January 21, ?005 The purpose of tl:e guidelines is to create a means. by which the department can. efficiently evaluate the replacement of the departments equipment. The goal is to maintain all equipment in goodlsafelefficient operating condition and replace equipment before it be~;omes n detriment or safety problem for the :city. PROPOSAL: - ttll equipment ticill be evaluated at least two years before a possil~te replacement year. 'Phis will. allow us to plan ahead for future budgets and will give the city. fhe flexbilityofdelaying replacement of equipmert it nec;e~saey. Pickups ('!: tan, 3!~ ton and 1 tons) and Ight duty tricks are evaluated after S years of service for expected replacement at age t0 to 12 years. This inchcdes a vehicle inspectiott by the city's mechanic or a reliable dealership, a trade in value of the vehicle is determined, and an estimate of haw much longer the vehicle wilt perform efficient service for the city. This will help decide when it will be most cast efficient to replace the vehicle. The vehicle +vill be inspected and evah~ated every two years after the initial eight year inspection. > Other smaller motorized equipment such as tractors, skid ste.°,r.~', lawn rnawers, etc. will be assessed after 5 years and every t~vo years after khe initial inspection, with expected replacement at age 7 to 9 years. > Attachments 4vilt be assessed annualEy as to usage, wear, safety, and pe<°formance. > tf any piece of equipment is found to have possible safety issues or excessive mileslhaur associated with operation, that piece of equipment wilt have first prority for replacement. > Each year at the departmental budget meetings the replacement schedule will be re-evaluated and shared with other departments. The equipment replacement priority list will be determined at that time. - Additional new equipment purchases will be done when it has been Shawn that departmental inefnciencies are occu. ~ lag due to lack o f equipment ar that the cities public service needs are being negatively affected. - Compact 4 s 4 piclcaps commonly used far ofi'rand construction inspection wilt be evaluated after 6 years with possible reptaceru~nt at 8 years. > The city tvili attempt to sell all vehicles and equipment outright through a bid process once trade-in values are known. =~aL+~ ~ex.6 xV~C-:_.:~r:.~~ayamr ~tGCy :~qz+u ;KS ~w - P5L? ~ OF 7 . ('rozcc~d ~ otivtC< ma;~ rewirirz keeping better trad;,-ir:s for bar.3c~p use or transportation service. Large dump tr~ccks: eva1~_~atzd at !0 years of age for reel, Lerlent at c2 cr 14 years. S:naif Loaders (nor: sid stzzr): eva:uatzd at 8 years of aye .virl`u repfacernent at f (3 to 12 years. Large Eoaders: evaluated at !0 years of age with replacement at 12 to 16 years. :4'fotor grader: con:tirue tc buy Late model us;.d; evaluate at f 3 years of agz with replacement at 2E} to 22 years. Al[ trailers: inspect yearly with replacement as needed, Specialized equipment: Inspect yearly with replacement as needed Vac-Con server cleaner: Evaluate yearly avith zstimated replacement at 12 - ib years. Also other wastewater trzatment plant hoa=ry duty roflin; stock such as trueks, trailers and applicators. :•,c~:aF .r~m:x<s~a. aw.~., ~, ~c~.a zw.,, - Page ? e f 2 AutoPower IV Transmission The AutoPower IV transmission is a 16 speed, semi- polvershift transmission. Simple opera- tion and comfortable shifts are key features for this transmission. Range changes can be made on the go without the use of the dutch pedal. When combining 4 clutchless range changes with 4 powershifts, the AutoPower -4 becomes the simplest 16x16 semi- powershift transmission in its class. Three Function Shuttle The familiar three function shuttle lever used on the MT4008, along with the MT5008 and MT6008 series, is mounted on the left hand side of the steering column This feature allows the operator to increase and decrease through the 4 powershifts. Fin- gertip de- clutching and forward /reverse shut- tling can be done with the left hand, freeing up the right hand to operate an implement or loader. Programmable Forward /Reverse Shuttle Speeds Just like other models. preset shuttle speeds Wit add efficiency during operation. SUPPORTING DATA AUTOPOWER SHIFT TRANSMISSION FEATURES AND BENEFITS CHALLENGER` MT400B SERIES 220 -2 T•Handle, Right Hand Controller The operator can change the 4- poavershift speeds by simply bumping the right T- Handle control lever. The 4 range changes are made by bumping the T- Handle controller lever awhile pressing and holding the button on the left side of the handle. The action of clutching in order to change range or speeds is not re- quired, unless the tractor is under load. Adjustable Shuttle Intensity The shuttle intensity, or the strength at which the transmission engages when using the three- function shuttle lever, can be easily ad- justed by turning the knob next to the T- handle controller. The intensity is adjustable from a setting of —5 (least) to +5 (most) in- tense. This allows for individual operators to adjust the shuttle intensity for a more comfort- able ride. FEATURES AND BENEFITS CHALLENGER" MT400B SERIES Control lever •S max= 220 -3 SPECIFICATIONS POWER TRAIN (Cont.) AutoPower 4 Transmission avel Speeds (off Rated Engine rpm (18AR34 Rear Tires Engine Speed 1400 1800 2200 2350 nge /Gear MPH kph MPH kph MPH kph MPH kph 1/A 0.79 1.26 1.01 1.63 1.23 1.99 1.30 2.09 B 0.97 1.55 1.24 2.00 1.52 2.44 1.60 2.58 C 1.18 1.90 1.51 2.44 1.85 2.98 1.95 3.14 D 1.45 2.33 1.86 3.00 2.28 3.67 2.40 3.87 2/A 1.86 3.00 2.40 3.86 2.93 4.71 3.09 4.97 B 2.29 3.69 2.95 4.74 3.60 5.80 3.80 6.11 C 2.80 4.50 3.59 5.78 4.39 7.07 4.63 7.45 D 3.44 5.53 4.42 7.11 5.40 8.70 5.70 9.17 3/A 3.79 6.09 4.87 7.83 5.95 9.57 6.27 10.09 B 4.66 7.49 5.99 9.63 7.32 11.77 7.72 12:42 C 5.68 9.14 7.30 11.75 8.92 14.36 9.41 15.14 D 6.98 11.24 8.98 14.45 10.97 17.66 11.57 18.62 4/A 8.73 14.05 11.22 18.06 13.72 22.08 14.47 23.28 B 10.74 17.28 13.81 22.22 16.87 27.16 17.79 28.64 C LD 13.10 21.07 16.84 27.10 20.58 33.12 21.70 34.92 16.11 25.92 20.71 33.33 25.31 40.73 32 ! . T MIN 0 I 'I .i L V � n. NOTHING CUTS LIKE A DIAMOND dmhNm 11,10 :y M j[rid . I f� L NOTHING CUTS LIKE A DIAMOND dmhNm 11,10 :y M j[rid . I SUPPORTING DATA 1987 FORD DITCH MOWER FOR TRADE -IN Council Agenda - 04/27/2009 13. Consideration of replacing the Parks Department Bobcat skid loader. (T.P.) A. BACKGROUND INFORMATION: The Parks Department has a 2003 Bobcat A300 all-wheel steer skid loader in the fleet that is currently in operating condition; however, after meeting with our shop mechanic about this machine's 1800 hours of use we agreed that with the existing hydraulic pump wear, engine wear and electrical system it is time to replace this machine before we have a costly repair. The Parks staff enjoys using this one-of-a-kind skid loader because of the all-wheel steer and because this machine does little damage to turf as we use it in the park system. The Parks Department received two quotes for a replacement A300 Bobcat, one from Tri State Bobcat and the second from Lano Equipment, Inc. These two dealers differed in their pricing with Lano Equipment offering the City of Monticello the best value. We propose to trade-in our 2003 A300 bobcat all-wheel steer and purchase a new A300 Bobcat from Lano Equipment, Inc. out of Anoka, MN. Lano quoted atrade-in value of $18,500 for our 2003 model while Tri-State quoted $16,500. Both dealers offered a Guaranteed Trade Price Agreement. This agreement allows the City of Monticello to trade the A300 Bobcat in each year for the new-year model at a price of $2,000 per year. Lano offered 450 hours/year on the new machine while Tri State offered only 300 hours/year. We have been averaging 340 hours/year on our current machine. Under the Guaranteed Trade Price Agreement, the City of Monticello would still own the machine. The City is not obligated to trade year to year -however, it is in the best interest for the City to trade in each year because of the deprecation of the machine equals the same cost in the Guaranteed Trade Agreement. This agreement would include a full warranty of the machine each year; the City of Monticello is responsible for regular maintenance. Trading in the equipment each year at the price of $2,000 plus tax ensures the department has reliable and safe equipment without the costly repairs that come as machinery ages. a. Budget Impact: There is $40,000 placed in the 2009 Parks Department Budget for a skid steer. By trading in our Bobcat A300 for $18,500 and purchasing a new A300 Bobcat the cost to the City of Monticello for 2009 would be $21,774.87. The yearly replacement machine will have all new updates and changes in technology included. The Guaranteed Trade Agreement would cost the City of Monticello an additional $2,000 plus tax each year thereafter. This guaranteed trade agreement gives a perpetual warranty and, as long as the City continues on this program, a large capital outlay will not be required. b. Staff Workload Impact: This purchase would improve our efficiency by having a safe updated machine. B. ALTERNATIVES: The first alternative would be to trade in our 2003 A300 Bobcat all wheel steer loader and purchase a new A300 bobcat and enter in to a Guaranteed Trade Agreement from Lano Equipment, Inc. Council Meeting - 04/27/2009 2. The second alternative would be not to proceed with the Bobcat purchase at this time. C. STAFF RECOMMENDATION: It is the recommendation of City staff that the City Council authorizes the trade and purchase of a Bobcat A300 and enter in to a Guaranteed Trade Agreement as outlined in Alternative A. D. SUPPORTING DATA: Copy of the two quotes received; Copy of Guaranteed Trade Agreement, depreciation for next two years, photos of the 2003 Bobcat, and the vehicle replacement proposal. ~ Bohcat. SUPPORTING Product Quotation pATq Quotation Number: ADMIN 00759 Date: 01 /30/2009 Ship to _ Bobcat Dealer Rill Tn City of Monticello Tom Pawelk 505 Walnut St Suite 1 Monticello, MN 55362 Lano Equipment, Inc 6140 Highway IO NW Ramsey MN 55303-4529 Phone: (763) 323-1720 Fax: (763) 422-3949 City of Monticello Tom Pawelk 505 Walnut St Suite 1 Monticello, MN 55362 Contact: Scott Fahey Phone: 763-323-1720 Fax:763-422-3949 Cellular. 612-282-3453 E Mail: scoff f anoequip.com Description A3O0 Bobcat All-Wheel Steer Loader Part No Qty M0029 1 Price Ea. $32,018.00 Total $32,018.00 A9IOptionPackage M0029-PO1-A91 1 $4,687.00 $4,687.00 Cab enclosure with Heat and AC Horn High Flow Hydraulics Backup Alarm Souad Reduction Engine Block Heater Hydranlic Bucket Positioning Attachment Control Kit Power Bobtach Deluxe Instrument Panel 33 X 15.5-16.5, 12 PR, Super Float Tires " Mo029-R09-C06 1 $571 00 $571 00 80 Low Profile Bucket 6731424 1 . $748.00 . $748 00 -- Bolt-On Cutting Edge, 80" 6718008 i $249.00 . $249 00 Description Strobe with switch Part No Qty Price Ea. . Total Dua17/14 pin attachment control kit 1 $175.00 $175.00 1 $450.00 $450.00 Total of Items Quoted Trade-in 2003 A300 sn 52341 1014 Sales total before taxes T~~~ State of M1v Quote Total - US dollars $38,898.00 ($18,500.00) $20,398.00 $1,376.87 $21,774.87 Page 1 of 2 Product Quotation Bobc~t® uotationNumber: WM- 1 fY 0 329 Date: O1/20/2009 Ship to Bobcat Dealer Bill To City of Monticello Tri State Bobcat Inc Attn: Tom Pawelk 1800 West Highway 13 909 Golf Course Rd. Burnsville MN 55337-2214 Monticello, MN 55362 Phone: 651-407-3727 Phone: 783-295-3170 Fax: 651-407-7345 ~ ~L ~ 7~ Contact: Bill Miller (,Cellular. 612-919-1840 E Mail: bilimtra~tristatebobcat.com Description A300 Bobcat All-Wheel Steer Loader A91 Option Package Cab enclosure with Heat and AC High Flow Hydraulics Sound Reduction Hydraulic Bucket Positioning Power Bobtach Deluxe Instrument Panel Part No Qty Price Ea. Total M0029 1 $31,744.44 $31,744.44 Ml>029-PO1-A9[ 1 $4,687.24 $4,687.24 Hom Backup Alarm Engine Block Heater Attachment Control Kit Dealer Installed Whalen 800 DLP Strobe Light Total of Itetns Quoted Trade-in A300 same specs Sales total before taxes Taxes: State of Minnesota Quote Total - US dollars Notes: $250.00 $250.00 $36,681.68 ($16,000.04) $20,681.68 51,344.31 $22,025.99 All prices subject to change without prior notice or obligation. This price quote supercedes all preceeding price quotes. Custonur must exercise his purchase option within 30 days from quote date. Customer Acceptance: Purchase Order: Authorized Signature: Print• Sign: Date• GUARANTEED TRADE PRICE AGREEMENT Subject to terms and conditions of this agreement, LANG EQUIPMENT, INC., seller agrees to trade back from buyer; 1 (qty) Bobcat (make) A300 (model) (s/n)TBA for the sum of $ $2,000 plus applicable taxes, one year later, based on 450 hours or less on equipment. Terms ~ Conditions 1. Payments by buyer. Buyer agrees to pay seller full payment 30 days net upon delivery of equipment. 2. Maintenance. Buyers will keep the equipment in good condition and will make all necessary repairs; will assume that all safety devices are at all times installed on the equipment; will keep the equipment free from liens and encumbrances; will permit seller to inspect the equipment at all reasonable times; will use the equipment solely in the conduct of buyer's business and will permit the equipment to be operated only by competent operators. 3. Miscellaneous. Guaranteed trade price is for equipment with 450 hours or less, anything over 450 hours will incur a surcharge of $12 per each additional hour, plus any applicable tax. 4. Default. If buyer fails to pay any amount due, if buyer faits to keep equipment in good condition, normal wear and tear is expected. 5. Cost quoted are for the same equipment or less. Upgrades or additional equipment will incur additional charges. 6. Both Seller and buyer have the option to unconditionally opt out of this annual agreement at any time. Notice to buyer. Buyer understands and agrrees that the terms and conditions constitute a part of the a~reemerrL Buyers that do not sign this agreement before you read it, and you are entitled to an exact copy of the contract you sign. Buyer and seller have executed this agreement on the contract date. Buyer acknowledges receipt of a true and completely filled In copy of this agreement. Buyer City of Monticello Seller Lano Equipment, Inc Type or print BUYER'S name By Title Date ~~~ ~~a.~~~t~~~z~ws ~-~/ll fit ~t ~~~ +i sr~ot+-.y sow • raoiri, eavssao~ ~ v ~y~a • ~wr ~r,~anaa4o • Tom Pawlek City of Monticello s05 walnut street suite 1 Monticello, MN ss362 RE: A300 Tom, Regarding the additional depreciation on your A300 if you were to keep it an additional two years, assuming 4s0 hours per year, The current trade in value would drop by approximately an additional $4,000, assuming there were no other major items that required reconditioning such as pins and bushings (quite possible at 2,100 + hours), hydraulic pumps or motors, replacement of joystick controls etc. With the current trade in value of $18,s00, that would put your trade value at approximately $14,500 in 2 years. As with everything else, you can count on price increases for the new product in the next couple of years. In the past these increases have ranged from 2% - s% which translates to approximately $ I,s00 to $3,300 in 2 years. This means that if you buy new and trade back every year, the $2,000 we discussed includes $7s0 - $1,6s0 in price increases. And to reiterate, the annual trade program is not a binding contract. The City of Monticello is not contractually obligated to trade each year. Feel free to contact me if you have any questions. Thank you! Scott Fahey Lano Equipment, Inc-Anoka VEHICLE REPLACEMENT POLICY PROPOSAL PUBLIC WORKS DEPARTMENT January 21, 2005 (Revised November 19, 2008} The purpose of the guidelines is to create a means by which the department can efficiently evaluate the replacement of the departrnent's equipment. The goal is to maintain all equipment in good/safe%fficient operating condition and replace equipment before it becomes a detriment or safety problem for the city. PROPOSAL: < All equipment will be evaluated at least two years before a possible replacement year. This will allow us to plan ahead for future budgets and will give the city the flexibility of delaying replacement of equipment if necessary. < Pickups (. ton, 3/4 ton and 1 tons) and light duty trucks are evaluated after 8 years of service for expected replacement at age 10 to 12 years. This includes a vehicle inspection by the city~e mechanic ar a reliable dealership, a trade in value of the vehicle is determined, and an estimate of how much longer the vehicle will perform efficient service for the city. This will help decide when it will be most cost efficient to replace the vehicle. The vehicle will be inspected and evaluated every two years after the initial eight year inspection. < Other smaller motorized equipment such as tractors, skid steers, lawn mowers, etc. will be assessed after 5 years and every two years after the initial inspection, with expected replacement at age ? to 9 years. < Attachments will be assessed annually as to usage, wear, safety, and performance. < If any piece of equipment is found to have possible safety issues or excessive miles/hour associated with operation, that piece of equipment will have first priority for replacement. < Each year at the departmental budget meetings the replacement schedule will be re-evaluated and shared with other departments.. The equipment replacement priority list will be determined at that time. < Additional new equipment purchases will be done when it has been shown that departmental inefficiencies are occurring due to lack of equipment or that the city's public service needs are being negatively affected. < Compact 4 x 4 pickups commonly used for off road construction inspection will be evaluated after 6 years with possible replacement at 8 years. < The city will attempt to sell all vehicles and equipment outright through a bid process once trade-in values are known. a~use~s~ror v~wcuc~KVwr~~~nrxuraaosnwwoows~rm~rowwr avrsaEr ~canerr,amoac~oarr~wcw~ve+~c~ ear aa~cr Paoroa~~ :aos.oocx~ z.,wo~-Page 1 of 2 - < Projected growth may require keeping better trade-ins for backup use or transportation service. < Large dump trucks: evacuated at I O years of age for replacement at 12 or 14 years. < Small loaders (non skid steer) and street sweepers: evaluated at 8 years of age with replacement at 10 to 12 years. < Large loaders: evaluated at 10 years of age with replacement at 12 to 16 years. < Motor grader: continue to buy late model used; evaluate at 18 years of age with replacement at 20 to 22 years. < All trailers: inspect yearly with replacement as needed. < Specialized equipment: Inspect yearly with replacement as needed. < Vac-Con sewer cleaner: Evaluate yearly with estimated replacement at 12 - 16 years as well as other wastewater treatment plant heavy duty rolling stock such as trucks, trailers and applicators. Ct\U>St8\TOLlMM.4R\APPOATAVt%.I~V.YCR030FT\WMDCf/VS\TEMPOMRY INIERNE7 flLE4\CONTENT.OUII.OOK\OGTFIA6i11\VEI~CLS IEPlALE7dBR P04CY PROPOSAL 2005.~000~1L• 7/q/OS- PA~i Z of 2 - .1. �� a Council Agenda: 4/27/09 14. Consideration of authorizing applications for High Priority Project (HPP) funding. (BW) A. REFERENCE AND BACKGROUND: High Priority Project (HPP) funding is available through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Applications for this federal funding source are due to Congresswoman Bachmann's office by the end of the day on Thursday, Apri130~'. Eligible projects must meet the eligibility criteria under Title 49 of the United States Codes, and they must be submitted by the specified deadline. Those projects meeting this criteria will be reviewed for approval by the Committee on Transportation and Infrastructure in Washington D.C. HPP funding covers 80% of the project costs. The City would therefore be responsible for providing 20% of the project funding. Staff is requesting Council authorization to submit applications for two HPP projects: 1. The first project is for intersection and corridor improvements along TH 25 between I-94 and the Mississippi River. The estimated cost of this project as identified in our draft Capital Improvement Plan is $4,455,000. This cost is based on the concept design scenarios outlined in the draft 2009 Transportation Plan. Should HPP funding be awarded for this project the City would then need to complete a final design. Staff would request federal HPP funding for this project in the amount of $3,564,000, or 80% of the total project costs. 2. The second project is a river crossing study. This study would identify the preferred location for a second river crossing as preliminarily identified in our draft 2009 Transportation Plan. The estimated cost for this study is $200,000. Staff would therefore request federal HPP funding in the amount of $160,000, which is 80% of the total project costs. Staffhas requested letters of support for these projects from affected state and regional agencies including the Minnesota Department of Transportation, the Wright County Highway Department, and the Sherburne County Highway Department. These agencies verbally pledged their support for both of these projects and letters of support were forthcoming at the time this report was written. A.1 Budget Impact: The City's cost share as outlined above would be $891,000 for the TH 25 corridor improvements project, and $40,000 for the river crossing study. This totals $931,000 for both projects. A.2 Staff Impact: Impacts to staff will be minimal. Council Agenda: 4/27/09 B. ALTERNATIVE ACTIONS: 1. Motion to authorize applications for HPP funding for both projects identified herein. 2. Motion to authorize application for HPP funding for the project identified herein. 3. Motion to deny applications for HPP funding for both projects identified herein. C. STAFF RECOMMENDATION: During preparation of the draft 2009 Transportation Plan it was made clear that the #1 transportation priority of residents and business owners is improving congestion on TH 25, which includes studying a second river crossing location. Staff is therefore recommending Alternative Action No. 1. D. SUPPORTING DATA: N/A