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City Council Agenda Packet 03-27-2006 AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 27, 2006 - 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. 1. Call to Order and Pledge of Allegiance 2. Approve minutes of March 13,2006 regular Council meeting. Approve minutes of March 20, 2006 special Council meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and complaints. 5. Consent Agenda A. Consideration of ratifying hires and departures at MCC. B. Consideration of authorizing the distribution and ten day comment period for the final AUAR for Jefferson at Monticello. C. Consideration of approving charitable gambling license for Monticello Lions Club at Hawk's Sports Bar and Grill and River City Lanes. D. Consideration of approving concept stage for a planned unit development. Applicant: Rollings/Ruff E. Consideration of approval of final plat of Otter Creek Crossing 2nd Addition - Karlsburger. F. Consideration of approval of final plat for Jefferson Commons 2nd Addition. Kevin Tracy and Muller Theater site. G. Consideration of establishing budget for fiber optic study consultant's fees. H. Consideration of calling special meeting of City Council for April 10, 2006 at 5 :30 p.m. to conduct workshop on YMCA property. 1. Consideration of Resolution Declaring intent to Reimburse Project Costs through Bond Sale Proceeds for Cedar Street/Dundas Road Improvements. J. Consideration of deny rezoning request for Kean of Monticello to rezone property from PZM to B-3. y Agenda Monticello City Council March 27, 2006 Page 2 K. REMOVED - Small group not able to meet before Council meeting. L. Consideration of authorizing staff and/or Council attendance an Perfonnance Measures Conference - June 7-8, 2006. M. Consideration of a request for a conditional Use pennit and amendment to planned unit development for open and outdoor storage and for outdoor sales and display iu a B-3 District and for additional used automobile/light truck sales & display. Applicant: Walt's Pawn and Bargain Center. N. Consideration of approving contribution made to Monticello Fire Department. O. Consideration of approving Purchase agreement with Cory Kingbay _ Oullot C in Jefferson Commons. 6. Consideration of items remOved from the consent agenda for discussion. 7. PUblic Hearing on Ordinance to change the street name in the plat of Otter Creek Crossing 1" Addition from School Boulevard to Dalton Avenue. 8. Public Hearing on vacation of drainage and utility easement in the plat of Otter Creek Crossing 1st Addition 9. Public Hearing on improvement to Cedar Street from Chelsea Road to Dundas Road and Dundas Road from Cedar Street to Edmonson A venue and consideration of authorizing plans and specifications for the project. 10. Public Hearing to consider a rezoning request for 0 'Ryan' s site (155-117-001020) from PZM to B-3. 11. Update on Hidden F ores!/Niagara Falls Welland. 12. Report On Department Activities - Engineering (Verbal Report) 13. Consideration of approving bills for March. 14. ClOsed meeting to discuss pending A VR litigation with the City Attomey. 15. Adjourn ? MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 13, 2006 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf Members Absent: None 1. Call to Order and Pledee of AlIel!iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. A rove minutes of Februar BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 27, 2006 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MA YER ABSTAINING. 3. Consideration of addinl! items to the al!enda. The following items were added to the agenda: I) Xcel Power Plant compliance with ordinance section 7-2-3; 2) Budget considerations for fiber optics study and consultant work; 3) Update on signage for County Road 75; 4) Update on complaint procedure; 5) Update on DMV building needs; 6) Update on water tower; 7) Outside storage for a business at Maple Street and Broadway; and 8) Updates on setting meeting times to interview Park Superintendent applicants; Building Official applicants and to review RFP's for Comprehensive Plan Update. 4. Citizen comments. petitions. requests and complaints. None. s. Consent Al!enda A. Consideration of approving Spring Load Restriction Map for City Streets. Recommendation: Approve the map for spring load restrictions and order the appropriate signing. B. Consideration of approval of2006 Highway Maintenance Agreement with Wright County. Recommendation: Approve the 2006 Maintenance Agreement with Wright County at a reimbursement of$ll,466.37 I 3 Council Minutes: 3/13/06 C. Consideration of accepting feasibility report and calling for public hearing for Cedar Street from Chelsea Road to Dundas Road, and Dundas Road from Cedar Street to Edmonson Avenue City Project No. 2006-2C. Recommendation: Accept the feasibility report and order the public hearing for March 27, 2006. D. Consideration of adoption of a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-37 therein and the adoption of a Tax Increment Finance Plan - Karlsberger. Recommendation: Approve a resolution calling for a public hearing by the City Council on the proposed adoption ofthe modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment of TIP District No. 1-37 therein and the adoption ofthe TIP Plan therefor. E. Consideration of approving contribution made to MCC. Recommendation: Approve the contribution to the Monticello Community Center and allowing the Advisory Board to determine the best use for it. F. Consideration of two-year lease for biosolids fann land. Recommendation: Approve a farm lease with Ewing Spring Brook Farms for 150 acres of the bilosolids farm for $2 1,000 per year commencing on April 1, 2006. G. Consideration of approving a one day charitable gambling license for a raffle for Open Trails A TV Club. Recommendation: Approve a resolution authorizing the State Gambling Control Board to issue a one day charitable gambling license to the Open Trails A TV Club for a raffle at the American Legion Club on October 21, 2006. H. Consideration of accepting final draft of Jefferson AUAR. _ REMOVED 1. Consideration of adopting a resolution annexing the proposed Hidden Forest Development. Recommendation: Approve the resolution annexing the property comprising the Hidden Forest Development into the City. J. Consideration of adopting a resolution annexing the proposed Niagara Falls Development. Recommendation: Approve the resolution annexing the property comprising the Niagara Falls Development into the City. K. Consideration of approving concept stage for a planned unit development. Applicant: RollingslRuff Recommendation: Approve the concept stage PUD based on a finding that the proposed mixed-residential design establishes a high quality residential project 2 l-\ Council Minutes: 3/13/06 that meets the City's intent for POO consideration subject to the conditions below: 1. The applicant remove one unit from building number 38 of the east portion of the project to provide a greater side yard setback between structures. 2. The central private drive shown on the west side of the project be revised to a 28" private street as measured from street face to face. 3. Subject to submission of all applicable development stage POO plans. 4. Grading, street and utility plans are subject to review ofthe City Engineer. 5. Other conditions as recommended by City Council. Items #5A, #5C and #5K were removed from the consent agenda. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5A, #5C AND #5K. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a~enda for discussion. #5A: Spring Load Restriction Map: Brian Stumpf asked about the posting of Chelsea Road by Dahlheimer Distributing at 7 tons and how that would impact the Dahlheimer operations. City Engineer, Bruce Westby informed the Council that Dahlheimers was requesting a portion of Chelsea Road lying westerly of County Road 39 and easterly of their business entrance from Chelsea Road be posted at 9 tons. Since the wear course has not been put down the street was posted for 7 tons. With the placement of the wear course the normal posting would be 9 tons. BRIAN STUMPF MOVED TO APPROVE THE SPRING LOAD RESTRICTION MAP AND ORDER THE APPROPRIATE SIGNING FOR POSTING LIMITS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5C Feasibility Report/or Cedar Street and Dundas Road: The Council noted the storm sewer improvements were designed for a 10 year rainfall and they questioned whether that was enough. Bruce Westby stated that the standard design is for the ten year event. The Council also questioned the location and size of the sidewalk. Bret Weiss, consulting engineer, said the sidewalk would be closer to the edge ofthe right-of-way as they would like to keep the boulevard area at 8-10'. He noted that if the City was maintaining the sidewalk it would be constructed to a 6' width. Since the City will not be maintaining the sidewalk it can be constructed to the 5' width. Tom Perrault asked if the Council felt this was the appropriate time to improve Dundas Road or ifthe City should wait until the property was ready to develop. Bret Weiss informed the Council that they had met with the property owner and the property owner does not want to see any improvement to the road. Glen Posusta noted that this is the only gravel road in the City 3 s Council Minutes: 3/13/06 and is a considerable maintenance concern for the Street Department. WAYNE MAYER MOVED TO ACCEPT THE FEASIBILITY REPORT FOR CEDAR STREET AND DUNDAS ROAD AND TO ORDER THE PUBLIC HEARING FOR MARCH 27,2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. #5K: Concept stage PUD approvalfor 128-unit residential development: Jeff O'Neill provided a review ofthe development which is being proposed for the former Ruff Auto site. The development consists of two phases; one south of 6th Street and east of Elm street which consists of attached townhomes and the other south of 6th Street and west of Elm Street which consists of attached and detached townhomes and single family homes on small lots. He noted that more detail will come with development stage approval ofthe Pun. Jeff O'Neill stated the developer was told that for the City to get involved in the clean up of the site the developer would have to construct homes of a certain dollar value. The area the Council was concerned with dealt with the street layout for the development. Brian Stumpfwas concerned about the private street accesses on to the 6th Street and 6 1'2 Street being so close to the intersection with Elm Street. Bret Weiss stated this a revision to the original street. He felt that with Chelsea Road connecting on the other side of the freeway it would lessen the traffic on 6th Street. Wayner Mayer asked about parking on the streets. With a street width of 28 feet no on-street parking would be allowed. Wayne Mayer asked where the guest parking for the 30-40 units would be located. Jeff O'Neill said it has been the standard to have one parking space for every three units. Wayne Mayer stated he did not understand why the units should come with no parking. Elm Street has parking only on one side and 6 1'2 Street has parking 0 both sides. Wayne Mayer felt that since this was a PUD they should be held to a higher standard and he did not feel this met a higher standard. He stated that based on the ordinance requirements 110 off-street parking spaces are required but the developer is providing less than that. Brian Stumpf questioned whether they should even consider Elm Street as a parking area for this development. Clint Herbst felt that once the development was labeled PUD the City has to demand higher standards for the development. He stated that before the City gives approval for no driveways, they would like to see what is going in. Jeff O'Neill stated the Planning Commission had approved the concept stage plan. Wayne Mayer reiterated his concerns with street size, street layout and parking spaces. He felt the developer should reduce the number of units and increase the number of parking stalls and that the Planning Commission should review the revised plan. Jeff O'Neill questioned whether the parking standard was sufficient.. It was pointed out that one tier oftownhomes has driveways for parking and in the area where there is no parking in 4 lo Council Minutes: 3/13/06 front is where the one-in-three standard would apply. The Council pointed out that in the agenda item it states two off-street parking spaces per unit are required. The Council felt the development should supply the parking spaces required and that they be located where they would be usable. Wayne Mayer questioned why the developer should utilize parking on the public streets rather than accommodate within the development. Clint Herbst felt the developer could come back with a better plan. The Council discussed options such as having the private street ending in a cul-de-sac rather than accessing onto the street or having the streets designed as one-way streets. Bret Weiss felt the one-way streets would be a better option than the cul- de-sac. Wayne Mayer felt the City had to be steadfast with their standards and if the developer could not meet the standards the development should not come before the Council. He felt it was a waste of Council time to review something that was not in compliance with City standards. There was further discussion on the street sizes in adjacent developments. Clint Herbst felt the developer should go with 28' wide streets with the streets being one way and to put additional parking stalls. WAYNE MAYER MOVED TO DENY THE CONCEPT STAGE PUD BASED ON A FINDING THAT THE PROJECT FAILS TO DEMONSTRATE TANGIBLE AMENITY- BASED OR OTHER BENEFITS THAT JUSTIFY THE FLEXIBILITY GRANTED BY THE PUD ZONING REGULATIONS. GLEN POSUSTA SECONDED THE MOTION. Jeff O'Neill stated that denying the concept stage approval would require the applicant to come back before the Planning Commission and there is a restriction in the ordinance on how soon after denial a of pI an the applicant can re-apply for Planning Commission consideration. He suggested that the Council table the item. Tom Rollings, 4550 Weston Lane North, Plymouth, the developer stated that he would prefer that the Council table the item rather than deny it. He felt he met the parking requirements of the ordinance. Wayne Mayer asked if the street width is 28' with parking on one side how would the association enforce the "No Parking" on the street. Mr. Rollings indicated the association would have to police themselves. Wayne Mayer asked if there was any reason why they could not Come up with more parking for this development. The developer stated he would consider the suggestions made. WAYNE MAYER AMENDED HIS MOTION ON THE CONCEPT STAGE APPROVAL FOR THE POO TO MOVE THAT ITEM BE TABLED UNTIL THE NEXT MEETING. GLEN POSUST A SECONDED THE AMENDED MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 5 l 7. Reviewof ro osals from Bolton & Menk to rovide desi n services for two different t es of biosolid dr ers incJudin a buiJdin and all anciJJar e ui ment and consideration of movin!! forward with desien. Council Minutes: 3/13/06 This item was considered after item #8. The Council was informed that the City had reviewed the proposal for design services from Bolton Menk for the design of two types ofbiosolids dryers. WAYNE MAYER MOVED TO ORDER THE DESIGN WORK AS OUTLINED IN THE PROPOSAL TO BID THE KRUGER DRYER AND THE KOMLINE-SANDERSON DRYER ALONG WITH THE BUILDING AND ALL ANCILLARY EQUIPMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Review of biosoJid dr er research and consideration of movin forward to John S imo la and Bob Brown of Bolton Menk reviewed the various types of drying systems that were studied in their six plant tour which included Kruger, Komline-Sanderson and the Dragon Dryer from US Filter. After their study, it was felt that the Dragon Dryer was the least desirable design for a number of reasons which included complexity of the system, noise level and large size. The committee was recommending that study and design continue on the two remaining drying systems. In addition it was suggested that further study be done on the use of hot oil versus steam heat or natural gas. Additional study needs to be done on pre-thickening of the biosoIids with the target being 16%-20%. Discussions need to be conducted with the Pollution Control Agency on the ability of the two drying systems being studied to meet 503 Class A EPA regulations. John Simola also mentioned that the exterior design of the bnilding housing the drying unit would have to be looked at. Bob Brown had a power point presentation which covered the criteria used to evaluate the systems, pictures of the systems and facilities that were toured and the pros and cons for each system. BRIAN STUMPF MOVED TO NARROW THE FIELD OF BIOSOLIDS MANUFACTURERS TO THE KRUGER AND KOMUNE-SANDERSON AND PROCEED WITH THE DESIGN PHASE WHILE STAFF AND REVIEW COMMITTEE WILL CONTINUE WORKING WITH THE MPCA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of or anizational shift for finance and administration and anthorization to advertise for position of citv administrator. Clint Herbst stated the Council had discussed this issue in the pas. In addition the Personnel Committee had discussed with Rick Wolfsteller the needs of the City. Clint Herbst wants the Council's authorization to have the Personnel Committee negotiate items such as what the job descriptions should be for the Finance Director and City Administrator and whether an interim 6 '6 Council Minutes: 3/13/06 administrator should be appointed. Brian Stumpf felt that any negotiations should be brought back to the full Council for review and approval. Glen Posusta asked Rick Wolfsteller ifhe felt an interim administrator should be appointed. Rick Wolfsteller indicated that ifthe city administrator position was split, he could continue to carry out his present duties until such time as the City could advertise the city administrator position and select a candidate. BRIAN STUMPF MOVED TO AUTHORIZE THE PERSONNEL COMMITTEE TO MEET WITH RICK WOLFSTELLER REGARDING THE FINANCE DIRECTOR/CITY ADMINISTRA TOR POSITION AND TO BRING IT BACK TO THE FULL COUNCIL. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: RFP's Comp Plan/Building Official/Park Superintendent Update: Staffwas requesting the Council find a date to meet with the Planning Commission to interview the firms being considered for the Comprehensive Plan Update. RFP's were receive from seven firms and it is expected that two or three firms would be interviewed. Monday, March 27, 2006 at 4:00 p.m. was the date selected. Candidates for the Park Superintendent position had been interviewed. Staff questioned if the full Council wanted to interview the selected candidates. This meeting was scheduled for March 20, 2006 before 7 p.m. Nuclear Power Plant: Bruce Westby informed the Council that Xcel Energy had submitted plans for the construction of a warehouse building on their site. City Ordinance, Title 7, Chapter 2, Section 3 deals with the installation of private wells. Staffwas seeking clarification of the ordinance in order to determine ifXcel could dig another well or if they would be required to connect to the City's system. At the present time there is a private well for the administration building and Xcel draws from the river for their other water needs. Council felt before a determination could be made the City would need to know how much water they would be using and whether the well would be located in the same aquifer as the City's water supply. At the present time there is no municipal water supply to the site. The Council directed Bruce Westby to get additional information from Xcel concerning their proposed water usage and well location. Fiber Optics: Wayne Mayer stated the Fiber Optics Committee had received ten proposals which they are in the process of reviewing. He indicated that their recommendations would be forthcoming in the near future. He noted that the consultant for the fiber optics group is incurring expenses which are expected to run $10,000-$15,000. Wayne Mayer wanted to make the Council aware of this budget issue. He added that in the RFP local providers were given an opportunity to respond. Signage County Road 75: Glen Posusta stated he felt the "End of Road Work" sign should be replaced with 45 mph speed limit sign. Brian Stumpf suggested checking with Wright County to see ifthe speed trailer would be available for a couple of weeks to use in that area. 7 C\ Complaint ProcedureIDMV Building Needs: Jeff O'Neill updated the Council on the "Request for lnfonnationlService" the City is using and how they are trying to make sure that the response to a request is followed up on. Bruce Westby stated is he trying to locate the infonnation on the DMV bUilding needs. Ifhe cannot locate it, he will do another assessment of the needs. Council Minutes: 3/13/06 Water Tower: John Sim01a stated that the contractor had not been working on the tower OVer the winter months and had just recently Come back on site. Their intent is to finish on schedule but it is now a tighter time frame since they Were not working in the winter months. Business: Brian Stumpf brought up the outside storage at a business located at Maple Street and Broadway. Staff will check into it. Signs: Clint Herbst talked about off premise signs. He noted the number of signs located off-site advertising certain developments as well as the "Rent to Own" sings. W ayoe Mayer noted a discrepancy in the speed limit sign on County Road 18 past the Monte Club. John Simo!a, Bruce Westby and Bret Weiss wiH check the site distance for stopping to see what speed would be suitable. Building Official: Two-three candidates wi II be interviewed for the Chief Building Official position and staff questioned if the Council wanted to review these candidates on March 20. when they interview the Park Superintendent applicants. 10. Consideration of annrovinl! bills for March. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adiourn The meeting was adjourned at 9:50 p.m. Recording Secretary 8 10 Minutes of the March 20,2006 special Council meeting were not completed for this agenda. I l SA. Consideration of annrovin~ new hires and denartor.. for MCC, (RW ) Council Agenda - 3/27/06 A. REFERENCE AND BACKGROUND: The Council is asked to ratity the hiring and departures of employees that have occurred recently iu the MCC. As you recall, it is recommended that the Couuci] officially ratif'y the hiring of all new employees inclUding part-time and seasonal workers. B. ALTERNATIVE ACTIONS: ] . Ratif'y the hiring/departures of the employees as identified on the attached list. C. SUPPORTING DAT1\i Lists of new employees. /d, NEW EMPLOYEES Name Title Department Hire Date Class !lray, Tim L TS Instructor MCC 3/11/2006 PT ..9/son, Grace Lifeguard MCC 3/9/2006 PT SChibonski, Craig .!:Ianning Commiss Plan Commission 2/27/2006 PT Name TERMINATING EMPLOYEES - Reason Department Last Day Class = employee Councillist.xls: 3/21/2006 ,S \-\- \ 3 Council Agenda: 3/27/06 SB. A. REFERENCE AND BACKGROUND: - - The proposed Jefferson at Monticello (Heritage development) site includes development and redevelopmeut of an 890-acre site into a residential, commercial, and golf COUrse area. This site is located between 1-94 and County Road 39 in the northwestern POrtion of the future annexation area. As per Minnesota Rules 4410.4400, subpart 14, the proposed magn;tnde of the development area requires an environmental review. The City is the Responsible Government Unit (RGU) charged with Completing the environmental review. The City determined in December 2004 that an AUAR should be completed for the site. The Draft AUAR was completed and distributed for the first 30-day COmment period in Novernber 2005. The 30-day COmment Period ended January 4, 2006. COmments Were received during the comment period from Wright County Planning and Zoning, Minnesota Department of Transportation, Minnesota Department ofNatnraJ Resources, Minnesota Pollution Control Agency, and the US Corps of Engineers. Comments Were receiVed after the COmment Period from Xcel Energy. Responses to COmments Were developed by City Staff and consultants via discussions at recent meetings, he results of which have been prepared and are attached. Based on these comments and additional review by City staff, the Final AUAR has been develOPed. Once authorization to distribute the Final AUAR has been received, the Final AUAR will be submitted to the agencies for the 'mal I O-day review Period. Upon Completion of this comment Period, if there are no agency Objections, the AUAR can be adopted by the City Council. It is anticipated that the City Council will consider adoption of the AU AR at an April or May 2006 City Council meeting. B. AL TERNATIVE ACTIONfu I. Authorize distributiun of the Final AU AR for the I O-day comment Period 2. Do authorize distribution of the Final AUAR C. STAFF RECOMMENDATION: - - The City Administratur and Deputy City Administrator/Community Development Director, City Engineer and Public Works Director recommend selecting Alternative No. 1. D. SUPPORTING DATi\: · Final AUAR · Draft Memo dated March 20, 2006 responding to agency COmments · Draft Resolution '.'---~~'-""'"'-'-"-"~.M"".~<<M'_~_.".~ \ L\ CITY OF MONTICELLO RESOLUTION 2006-18 A RESOLUTION ORDERING DISTRIBUTION OF THE FINAL AL TERNA TIVE URBAN AREAWIDE REVIEW (AUAR) FOR THE JEFFERSON AT MONTICELLO DEVELOPMENT WHEREAS, a Final AUAR has been completed for the project pursuant to Minnesota Rules 4410 and identifies and assesses the environmental impacts and mitigation measures associated with the development area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MN: That the AUAR for the Jefferson at Monticello Development be distributed for the final 1 O-day public comment period. Adopted this 27th day of March, 2006. ATTEST: City Clerk Mayor Reviewed for administration: City Manager SS~3l .A' WSB - - . & Associates, fllc. Infrastructure . Engineering . Planning . Construction Chuck Dav;" Wright County Planning and Zoning Claudia Dumont, Minnesota Department of Transportation Matt Langan, Department of Natural Resources Jessica Ebert?, Minnesota Pollution COntrol Agency Tim Fe/I, US Corps of Engineers Charles Bomberger, Xee/ Energy 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: From: Date: Re: Andrea Moffatt, WSB & Associates, Inc. March 20, 2006 Responses to Comments Jefferson at Monticello Development A UAR WSB Project No. 1494-07 The public comment period for the Draft Jefferson at Monticello Development Area AUAR ended January 4, 2006. Comments Were received from the Wright County Planning and Zoning Office, Minnesota Department 0 f Transportation, Department ofN a!ural Resources, Minnesota Pollution Control Agency, and the US Corps of Engineers. Comments Were received after the COmment period from Xcel Energy. Outlined below, please find the comments from each agency followed by responses to these comments. The comment letters are also attached for YOur infonnation. .- - COMMENTS FROM WRIGHT COUNTY PLANNING AND ZONING Comment #1: ill reviewing the JefferSon at Monticello Development Area AUAR, 1 have a concern that when the Mississippi River is at flood stage it backs up into Otter Creek and causes flooding of yards adjacent to Otter Creek along West River Street and Riverside Circle. Obviously the creek Wouldn't be able to drain properly and will possibly cause additional flooding to the above mentioned properties. 1 think additional study should address the lower Otter Creek properties. Response: The neighborhood at West River Street and Riverside Circle is located east of the AUAR study area across 1-94. A hYdrologic/hYdraulic model has been completed for the City and includes the area in question in two subwatersheds. Otter Creek flows from subwatershed MR 18 to MR 19 via two 84" RCP Arch pipes. The Overflow elevationDf MR 18 is 9 IS. Upstream of MR 18, MR 17 Overflows at elevation 924. Since the change in elevation from the West River Street/Riverside Circle to the AUAR study area is at least I 0 feet, a tail water effect On Otter Creek from the River is not anticipated to have an impact On the AUAR area. This discussion has been added to the AUAR. Minneapolis.st. ClOud Equal Opportunity Employer s \2:,- \ ('~ . March 20, 2006 Page 2 of 10 COMMENTS FROM Mil/DOT Comment # I: The document references expanding TIf25 to a six -lane facility if the Orchard Road Interchange is not constructed. MnlDOT District 3 recently completed a long range transportation plan covering 2008-2030. The plan identifies funding to expand TH25 to a four- lane expressway between Monticello and Buffalo. MoIDOrs plan does not identity funding a six-lane project in Monticello, or improvements to the five intersections on TH25 that will be increasingly congested as a result of new development in Monticello. Response: The City realizes that a six-lane road on TIf 25 would be cost prohibitive. The City will continue to work towards projects such as the Fallon Avenue overpass of!- 94 and the interchange at Orchard Road to provide relief to TIf 25. Comment #2: Please be advised that if an interchange is constructed at 1-94 and Orchard Road, the project will be locally (non-MnlDOT) funded. . Response: It is the City's understanding that MnlDOT Would Participate in the cost of replacing the bridge based on its useable expectancy, similar to the CSAH 18 bridge. Any other State or Federal funds would be applied for through the nomal application process. COMMENTS FROM DNR Comment I: The DNR recommends that more of the higher quality forest areas be preserved and that a concept wetland replacement site plan be developed. Scenario 3 represents a loss of 127 acres of open space from the City's COmprehensive Plan and a loss of82 acres of open space from the existing condi tions. Preservation of more of the forest would reduce the loss of open space. Comment 2: Figure 20 shows a map of the City of Monticello 's concept greenway conidor. This corresponds fairly closely with the developer's concept plans presented in Figures lOa and ] Ob, with the exception of some proposed developments in the extreme northwest 40-acre comer. The DNR endorses the City's concept greenway conidor with the caveat that more high quality forest should be included. In the northwest 40-acre area, this should include all of the bur oak, pin oak, and red oak areas identified as healthy stands in Figure 19, and all poplar stands that are adjacent to wetlands. The proposed woodlands that the developer proposes to remove, and that We propose should remain, show up in yellow in Figure lOa. The DNR recommends that in this northwest 40-acre area that the developer's concept plan be modified to ]) fully incorporate the City's greenway conidor concept, and 2) retain the forested upland that acts as a buffer to the wetlands. Response: See specific responses regarding trees and wetlands below. Response: A more detailed tree preservation plan figure has been added to the Final K:\OJ494-07IAdlllinlDocstMEMO - 032006 _ CRlIlelllo.doc S P~-\\p . March 20, 2006 Page 3 olIO AUAR as Figure 17b. This area shows the oak stand in the northwest quadrant as remaining. This figure is included for general information purposes only and should not be construed as a specific mitigation measure as part of the Final AUAR. However, it is offered for general infonnation. In addition, as specific development plans are submitted to the City, the City will review these plans based on the AUAR and the DNR's comments. The City will work with the developer through the platting process to preserve as many trees as feasible. Comment 3: Figure 19 shows a tract of higher quality bur, red, and pin oak along the western boundary of the southern half of the property. The DNR recommends that this forest area be retained in its entirety. In the north-central part of the property, Fi!,'1lre 19 shows two large forested areas that contain higher quality red and pin oak. The developer's concept plan and the City's green way corridor plan propose to retain most of these forest areas, but not all. The DNR recommends that these forest areas be retained in their entirety. . Response: As indicated in the response to Comment 2, the City has noted the higher quality wooded areas in the AUAR. As the project moves forward, the City will work with the developer to preserve as many trees as feasible, paying particular attention to the higher quality wooded areas. Comment 4: Figure I 7 shows twenty-one wetland impacts. Most of the impacts are relatively small and we cannot judge the potential for impact avoidance or minimization based on the materials presented in the AUAR. However, the larger impacts are likely to get the most scrutiny, such as the 0.978-acre and 0.525 acre impacts. It appears the larger of these two impacts is for lots and the other is for a storm water pond. Both of these types of impacts are usually avoidable. Fills for roads and small isolated wetlands for which the hydrology cannot be maintained are the most likely impacts to be allowed. The AUAR indicates that 2: lon-site replacement for about 3 acres of impacts will be required. The DNR recommends that the concept wetland replacement sites be indicated on maps and made part of the final AUAR. However, we would like to review and comment on the proposed wetland replacement sites before they are made part of the Final AUAR. Response: A specific plan detailing out the exact locations and amounts of wetland impact is not available at this stage of the review. The impacts shown in the AUAR are estimates only for planning purposes. The City will review wetland impacts as part of the wetland permitting process. A voidance and minimization will be required. Consideration of the quality of the wetlands will also be taken into account as part of this process. ~ ..... Because no specific development plan has been submitted, there are no known specific K:\01494-07IAdminIDocsIMEMO - 032006 - CRmenw.doc 5 ~ -T, . . . March 20, 2006 Page 4 of 10 wetland mitigation plans that have been developed to date. These also will be reviewed as part of the permitting process. The City prefers that mitigation be completed by restoring or creating larger tracts of wetland rather than excavating out smaller individual mitigation sites - this language has been added to the plan. A map has been added as Figure 17b that shows potential mitigation areas and this potential mitigation is discussed in the AUAR. This map is provided for information only and should not be construed as showing the final, specific wetland mitigation areas. These mitigation areas are potential areas for mitigation. Comment 6: Mitigation Item 13 - Page 9. Trumpeter swans are unlikely to nest in the development area. The significance of the greater Monticello area for trumpeter swans is an overwinter roosting and foraging habitat. Response: As indicated in Item II b in the main text of the study, it is noted that the study area does not contain suitable nesting area for Trumpeter swans. The City has noted in this item that open areas in the City are likely to provide roosting and foraging habitat for bird species. No change has been made to the AUAR. Comment 7: Mitigation Items 26 and 27, Page II. The DNR recommends that one or both of these items should be modified to reflect that stormwater ponds should not be designed and constructed in a manner that results in draining any adjacent wetlands, pursuant to the Wetland Conservation Act. This concept should also be included in mitigation measures listed on page 32 of the AUAR. Response: This language has been added to the final AUAR. Comment 8: The removal of 55 acres of trees has the potential to result in the taking of a substantial number of migratory bird nests iftree removal occurs during the nesting season. The DNR recommends an additional mitigation measure be added which requires that tree removal occur outside the migratory bird-nesting season (after August 1 and before April 15). Response: A mitigation measure has been added to the AUAR that prohibits removal of wood lots between August 1 and April 15. Comment 9: The DNR recommends a minimum and average buffer width around wetlands, rather than placing wetlands and ponds "within easements up to the high water level." Creating buffers around wetlands would reduce impacts to higher quality habitats, such as riparian woodlots. Response: The City has reviewed this comment and weighed this infonnation with respect to other development issues. The City recently developed the standard of easements up to the high water level and has developed a native vegetation planting K:\OJ494-07\Adl1linIDocsIMEMO - 032006 - CRl1lel1lo.doc S ~ .~. \ D . March 20, 2006 Page 50f10 requirement in these areas, if disturbed. The City intends to maintain their existing policy for development in this area. Buffers may be implemented as part of the wetland mitigation plan; these buffers would be reviewed as part of the wetland pennitting process. No change has been made to the AUAR. . COMMENTS FROM THE MPCA Comment 1: Sanitary Sewer and WWTF. Three scenarios were evaluated in the AUAR, two of which involve development that would necessitate changes to the current sanitary system.. ..[see original letter for additional background]... The two development scenarios would result in an increase flow to the WWTF and require the expansion and/or construction of interceptors, trunk sewers and lift stations. Please note that separate EA Wand NPDES Permit modifications will be required for any expansion of the WWTF. Recent court decision impacting discharges to the Mississippi River freeze the current facility loading and significantly impact the permit requirements. Any new or expanded interceptors, trunk sewer, or lift stations may also require a separate EA W, ifnot already completed. The final AUAR should address the aforementioned EA Wand NPDES permits issues. We also recommend that Item 18.c of the AUAR attempt to more clearly identifY all of the different sewers and their capacities in average wet weather flow, including a table to differentiate the capacity allocated to each of the different sewer areas. Response: Discussions with PCA staff have occurred regarding these comments since the end of the comment period. The City prefers to have the AUAR cover any needed EA W's for trunk system or lift station improvements. Based on these discussions, the City has an understanding of the additional information the PCA would like included in the AUAR in order to have the AUAR cover the trunk sewer and lift stations. Item 18 has been revised to include the additional infonnation and fOIwarded to the PCA for reVIew. The NPDES Permit modifications and discussion of a separate EA W for any expansion of the WWTF have been added to Item 8 (Permits) of the final AUAR. Comment 2: Noise. Regarding the noise issues associated with this project, there have been some misinterpretations in the draft AUAR of the applicable state statutes. The project does not qualifY for an exemption under MS 116.07, subd. 2a (2), which references a process that the Minnesota Department of Transportation (MnDOT) and the MPCA use to address roadway noise issues. MR 7030.0030 is the applicable rule that defInes the noise control requirements of municipalities and states that the municipality must take all reasonable measures within its jurisdiction to prevent violations of the state noise rules immediately upon the establishment of the land use. The final AUAR should address the noise issues using the applicable rule. . Response: The statement "The state noise standards apply only to Interstate 94 because County and City roads are exempt from state noise standards" has been removed from the document. K:1O/494-07IAdmin\DocsIMEMO ~ 032006 - CRmemo.doc 0 ) q 5D- . March 20, 2006 Page 6 of 10 Comment 3: The draft AUAR indicates in several areas that stonn water management will be required to meet City standards. The document should also indicate that the stonn water management system must meet specific requirements of the MPCA NPDES Construction Stormwater Pcnnit both during construction and for the post-construction Operation. Response: This requirement has been added to the final ADAR. Comment 4: Table 8 indicates the types of pennits and approvals required for the development and that an US Anny Corps of Engineers Section 404 pennit is require for this project. This table should also indicate that an MPCA Section 401 certification will be required for the issuance of the USACE Section 404 permit. Since the MPCA is waiving 401 certifications, we recommend the following language be included in the final AUAR to accurately infonn any reviewers of the status of the MPCA's 401 reviews and determinations. . ''The MPCA is waiving many Section 401 certification applications with some limited exceptions. Applications for 401 certification must still be sent to the MPCA as they have been in the past. In most cases, MPCA's decision will be to issue a waiver, but the MPCA reserves the right and authority to proceed differenlly if extreme or unique circumstances merit a different approach. The waiver of 40 I certification means that the MPCA has not reviewed the proposed federal pennit application for confonnanee with state water quality standards nor has the MPCA made a detennination of the proposal's compliance with water quality standards. This waiver action does not exempt the applicant from the responsibility of complying with all applicable water quality standards and requirements as contained in Minn. R 7050 and all other applicable state rules regarding water quality. In the eVent of water quality violations caused by the applicant's project, enforcement action may be taken by the MPCA. Response: Changes to Table 8 have been made and this text has been added to the final ADAR. Comment 5: The draft AUAR docs not identify any specific or potential areas for stonnwater basins to be built in the system or where on-site wetland compensatory mitigation might potentially be located. The final document should include some discussion regarding these issues, including an evaluation of potential site impacts and mitigation measures that might be taken to offset those impacts. The final detennination of wetland impact and mitigation will be conducted during permitting phase. Without infonnation regarding the specific location proposed for stonnwater ponds, it should be noted that, if any existing wetlands are proposed to be used as stonnwater detention ponds, Minn. R. 7050 requires the protcetion of all wetlands that are considered "waters of the state" as defined in Minn. Stat. I 15.Q], subd. 22. It should be noted that wetland impacts that may be considered non-jurisdictioual or exempted from the Clean Water Act 404 program, the DNR Public Waters Program, or the Wetland Conservatiou Act, may still bc regulated by the MPCA. For example, K:I01494-07IAdminIDocsIMEMO - 032006 - CRmcmo.doc C'~-- ;}G ~ . March 20, 2006 Page 7 of 10 any existing wetlands that are altered by excavation, fill, draining, or inundation to function as stonnwater retention basins should be considered to be adversely impacted and evaluated under the sequence mitigation requirements of water quality standards in Minn. R 7050.0186 and the NPDES permit. The requirement in water quality standards to avoid, minimize, and mitigate wetland impacts must be satisfied in all MPCA NPDES Pennits, including the issuance of the General Construction StOlmwater (CSW) NPDES Permit. If a project involves altering a wetland by draining, filling, excavation, or inundation and that impact is not addressed (mitigated) by either the USACE Section 404 program, DNR, or the state of Minnesota Wetland Conservation Act permits, or other determinations, then the proposed proposer must demonstrate compliance with the mitigation requirements of Minn. R 7050.0186. For the pUI)Joses of the MPCA CSW NPDES Permit, de minimis determinations by another permitting agency that address the project impacts are recognized by the MPCA and no additional mitigation is required. However, a non-jurisdiction detennination by another pennitting agency does not address project impacts and therefore does require the project proposer to demonstrate mitigation to meet NPDES Pennit conditions and Minn. R 7050.0186. . Response: The purpose of an AUAR is to evaluate the environmental impacts of different development scenarios when the exact details of a development scenario are not known. The City does not know where stonn water ponds will be placed or where wetland mitigation will occur. As stated in the comment, these will be addressed during platting and pennitting process. The stann water management system will be constructed to meet City and MPCA NPDES requirements. Ifwetlands are used for storm water basins, mitigation will be required. Possible wetland mitigation areas have been included in the final AUAR per DNR's comments. Please refer to the response to DNR Comment 4. Comment 6: The draft AUAR indicates that wetlands will be placed within easements for protection but does not discuss other possible protections to the wetlands such as buffers. The MPCA supports a requirement that adequate buffers be included surrounding wetlands. At a minimum, these buffers should be in the 20-50 foot range with more buffer dependant on the protection goals. The buffer of native vegetation needs to be perpetually maintained around the wetlands, and we recommend for those wetlands that are not in public ownership that the city prohibit the alteration of the natural vegetation within the buffer strip. Conservation easements, covenants, recorded deed restriction or other permanent restriction have been used to prohibit lot OWners from filling or altering wetlands and buffers on their lots; however, enforcing the buffer restriction on each of the individual lot OWners can be burdensome and difficult iflot owners desire to mow these areas to expand their backyard. We recommend the wetland boundary and an appropriate buffer also be included in the easements under the city's management to assure the maintenance of the buffer and to avoid the difficulties of enforcing these restrictions on individual lot OWners in the future. Response: See response to DNR Comment 9. K.'IOJ494-07IAdmiolDo"IMEMO_ 032006. CRm'mo.dOS~_ d' . March 20, 2006 Page 8 of 10 Comment 7: The draft AUAR notes that a golf course is currently in operation and will apparently be either developed or reconfigured as part of the Scope of this project. Further information is needed to clarifY the size (including greens) of the golf COurses in the two expansions scenarios. As you move forward with this portion of the project, it is important to reco,!,'11ize that traditional golf course management consumes substantial amounts of water resources and requires the use of turf management chemicals to maintain the roughs and greens. To alleviate some of the potential environmental impacts of the golf course, please consider integrating the Audobon International's Cooperative Sanctuary Pro,!,'1"ams in the development and operation of the golf Course. Response: As part of the redevelopment of the golf course, the developer has indicated that they will be working with Audubon International's Cooperative Sanctuary Program for Golf Courses. The ACSP for Golf Courses seeks to address golf's environmental concerns while maximizing golf course opportunities to provide open space benefits. . COMMENTS FROM THE US CORPS OF ENGINEERS Comment 1: [See actual letter for introductory comments]. If the proposal involves deposition of dredged or tIll material into water of the United States, including discharges associated with mechanical land clearing, it may be subject to COE jurisdiction under Section 404 of the Clean Water Act. .... CW A prohibits discharges of dredged or fill material into waters of the Unites States, unless the work has been authorized by a Department of the Army permit under Section 404.. ...Also, the applicant will need to develop a compensatory wetland mitigation plan to offset any unavoidable wetland impacts. Often, the COE will require mitigation at a 1.5 to 1 ratio. Prior to commencing detailed planning of a project, the proper should have a wetland delineation conducted to determine the extent of wetlands on the parcel.. ...If it appears substantial impacts (either filling, excavating, or draining) would OCcur in wetlands it would be advisable to coordinate a pre-application meeting... Response: The project proposed will be required to obtain all necessary permits from the regulatory agencies, including the US Corps of Engineers. The COE wetland replacement ratio is noted in the AUAR. Additionally, the wetlands on site have been delineated and approved by the City as the Local Government Unit (LGU) for the Wetland Conservation Act. The City may convene a Technical Evaluation Panel meeting during the permitting phase of the project. No changes have been made to the AUAR. COMMENTS FROM XCEL Comment 1: I will reiterate Xcel Energy's position on the proposed I-94 Interchange at 120th Street, referencing my previous letter to Mayor Herbst, dated October 5,2005. Xcel Energy is not in favor of selling its undeveloped buffer property in the immediate vicinity of the Monticello nuclear plant to the City of Monticello, as it might result in a loss of buffer property that could compromise the security of our plant. Development of a major interstate interchange as this site may require the approval of key government agencies, including the US Nuclear Regulatory Commission and the Department of Homeland Security. As such, we recommend removing K:101494-07IAdmil1\DocsWE'MO - 032006 ~ CRmemo.do~ ~ _ d-d . ~ . March 20, 2006 Page 9 of 10 reference of the proposed interchange from your plans. Response: The City is aware ofXcel's position on the proposed interchange. The City will continue to work with Xcel and other agencies on the development of an interchange at this location. Comment 2: P.8 of 69. In the section describing possible approvals, assistance and permitting, the United States Nuclear Regulatory Commission should be added under the Federal area, as they would need to analyze any proposed modifications in the immediate vicinity of the Monticello Nuclear Generating Plant. Response: The City of Monticello will keep Xcel Energy infonned on any development proposals for the area south ofI94. Additionally, any interchange in this area would be subject to the Federal Highway Administration's (FHWA) review and approval. It is our understanding from FHW A that they will secure any other Federal agency reviews that are necessary for the interstate access. The US Nuclear Regulatory Commission and the Department of Homeland Security would be two of the agencies that will have an opportunity to review the permit. . If Xcel is aWare of any pennits that the Nuclear Regulatory Commission would issue, we request that you forward this infonnation to the City at your earliest convenience. Comment 3: P.II of69, para 2. The section describing Existing and Surrounding Land Use should be clarified to state that Xcel Energy did not provide any specific requirements based on the infonnation presented in this report, however as stated above the 1-94 Interchange location could impact MNGP security, with Xcel Energy and US NRC approval required. Response: As stated in response to Comment I, the City will continue to work with Xcel regarding this issue. Comment 4: P.51 of69, Table 21-9. The final item of concern occurs in the table that identifies affected roadways and potential areas of congestion. With the addition of the 1-94 Interchange at Orchard Road, the 120lh Street and CSAH 39 intersection is projected to become congested. This could significantly impact travel times to our plants, and the federally approved Emergency Plan for the site. . Response: A correction has been made in the AUAR to show the facility type to be a 3 lane rather than a 2 lane. This brings the LOS to Uncongested. Additionally, by adding the interchange, travel times will be lowered to the plant since vehicles will not have to drive through town to get to the plant. This concludes the responses to the draft AUAR. Revisions based on these comments have been K:\O/494-07IAdminIDocsIMEMO - 032006 - CRmemo.doc '"\ '). S B --r::J- ~ . . . March 20, 2006 Page 10 of 10 made to the final AUAR. If you have questions, please feel free to call me at (763)287-7 I 96. c. Honorable Mayor and City Council Jeff O'Neill, City of Monticello Angela Schumann, City of Monticello Michael Moriarty, Heritage Development Michael Buelow, Heritage Development K:\O/494-07\Admin\DocsIMEMO - 032006 - CRmemo.doc. D - \..l \:~O,,J , . . . vt--1TY Qk ,,0 ~ 1- J... z ~ m ~ g ~ .ody 7856 November 30, 2005 V PLANNINi/~e;;D ZONINfOP'f WRlOli'l' COUNTY GOVERNMRNT CENTh'R I (J /";"colld S'lri'et NI},,', Hili ] '10, lJII/lido, M N ,'55:1 13.11 f:;(j (7(;:J) 682. 7:ni,' Fax # (76::) 682-7872 Mr. Jeff O'Neill City of Monticello 505 Walnut Street Suite I Monticello MN 55362 Re: !~ I/- o ~ C'\('~ f.. ,."". "j 1.':--, Alternative Urban Areawide Review Dear Mr. O'Neill: () ,. ,'r. " ~ .~ '.,. _.) (?:"~>,~...... In reviewing the Jefferson at Monticello Development Area AUAR,jhAve,~ concefu that when the Mississippi River is at flood stage it backs up into Otter Creek and causes tIooding?fyards adjacent to Otter Creek along West River Street and Riverside Circle. Obviously the creek w6u.ldni.t-,be able to drain properly and will possibly cause additional flooding to the above mentioned properties-: I think additional study should address the lower Otter Creek properties. Sincerely, f~~ Chuck Davis Enviromnental Health Officer CD/jsk Printed on recycled paper. Equal Opportunity / Affirmative Action Employer S ~-)5 . . .. JAN-04-2006 10:12 JAN 04 '06 10:25AM WSB & ASSOCIATES 7635411700 P.02/02 P.2/2 ~\\~tlESOr.v Minnesota Department of Transportation !(f.\' . TranSP~rtation District 3 'i "i 372512" Street North '\"'0 ....~ St. CJoud, MN 56303-2130 'P Tl'\.- Telephone: (320) 654-5134 Fax: (320) 255-2178 December 22, 2005 Mr. Jeff O'Neill City of Monticello 505 Walnut Street, Suite 1 Monticello,!MN 55362 In reply refer to: Draft AUAR for the Jefferson at Monticello Development Dear Mr. O'Neill: The Minnesota Department ofTransportation - District 3 office has reviewed the Draft AUAR for the Jefferson at Monticello Development for impacts to the trunk highway s~stem, and offers the following comments: The document references expanding TH 2, to a six-lane facility if the Orchard Road Intel\Ohange is not constructed. Mn/DOT District 3 recently compieted a iong range transportation plan covering years 2008 - 2030. The plan identilies funding to expand TH 25 to a four-lane expressway between Monticello and Buffalo. Mn/DOT's plan does not identify fUnding a six-lane project In Monticello, or improvements to the five intersections on TH 25 that will be increasingiy congested as a result of new development in Monticello. Please be advised that if an interchange is constructed at 1-94 & Orchard Road, the projectWi/l be locally (non-Mn/DOT) funded. Thank you for the opportunity to comment on this AUAR. Feel free to give me a call jf you have any questions. Sincerely, ' Ci4#dt~' !j~~+ Claudia Dumont Senior Transportation Planner CC: CS 8605 CS 8680 An equal opportunity employer \:) D -dJo TOTAL P. 02 ~HN-~5-2006 06:37 JAN 05 '06 06:50AM WSB & ASSOCIATES . Minnesota Department of NatUra] Resources 7635411700 P.08/09 P.8/9 soo L:d'~)'ett= R,o(\d Sr. P21ul, Mirtllo;Sotn S5155-4(J 2S January '4, 2006 leffO'Neil4 Community Development Director City of Monticello 505 Walnut Street" Suite #1 MonlicelJo, MN 55362 RE: Jofferson at MontitoUo Dovolop_t """ Alttmarivo Urban Areawide Royle" Dear Mr. O'NeiJI; The Depamnent ofNamtol Roso...... CDNR) has .....wed the Jetre..on at Monticello Dev.lopmeo, Dnft AItemativ, Url>.. Anowide Revi.w (AUAIl.) fur tbe _ ..ix<d.... d.o>eloptu"" in Wright COUDty, MN. We offer the fOllowing \;ommcnts for YOUr consideration. G~neral CoIDments Th. DNk recom~ thet more of the lUg/><r quality forest...... be -mod, """ that 0 coDeep! wetland replece_ aite plan be developed. Sc._o J represonjs a loss of 127 acres of open...... &om lb, city'a Comprehenslv. PIan, Md a 10'" of 82 -. of open 'p""" &om lb. ""ioting conditi..... Preservation of more of the forest would reduce the Joss of open space. · Figure 20 shows · map of tho City ofMobticoUo'a concept gt<enway cooridor. This cotrespo.... fairly .Ioeely with tlte d,velopers concept plans prescmcd in Figures lOa llIld J Ob, wffil the -prion of_. Proposed deveinpmenta in tbo extreme n_w.., 4O-a"", co_. The DNIl. _.. the City', conoept grccnway corridor with the ....., that more high quality mrest .hould be iocludcd. 10 the oorthw." 40 acre area, this should include ell of the bur oak, pin oak, """ red oak ..... id..lifi<d .. h.a!tllY _<Is in Figure 19, and all of the poplar -ds that ate a4jac... to wetlands. Tho P"'posod Woodland, that lh, d.""lop<r )lroposes to -, and that w. propose .hould tom.... show op In y.llow in Figur. 10.. The DNIl. =ommcnds tita, in this north""" 40-. .... that the developers concept plan be modified to I) Jidly incorporate the City'. gt<enWilY eonidor concepr, and 2) n:tBio the fun:ated upland that...... a buffer to the wetlands. Figuro 19 .hows a r,"", of bighc,. quality bur. red and pm oak along tItc ....tom bo1l1ldaJy of the 801lIbcm baJf of tit, prQpcrty. Tho DNa -end. tits! this mrest.... be """',d in I.. cntir"J'. In the nonh_ parr of tit, property. Figu<e 19 shows two Iargc fotestcd a= """ conraio bigher quality red and pin oak The developers COncept plan """ 111. City', grecnw.,y corridor pi.. propo.. to "'Iaio most of these fo_ ar.... but nor aU. Th, DNlI. -ends that tltes. forest ..... be retained in their entirety. Fiaure 17 show. lWenty-on, proposed wetland ~ta. Most of tho im_ STo. rcl4tiveJy amall, Md ... cannot judge the ,potential for impact avoidance or minimitation based on the materials preseor.ed in the AUAIt Ho........ the larger impaeu arc liIlolY to get tItc 010" 8<rU1iny. snob as !be 0.978-aore and 0525- ..'" im"""ta. It - the larger of tIteae two lmpao18 is fur Jots, and the othar is for a .tonnwatcr_ Both 'fthe", types ofim"""" areu.uaUy avoi~ Fill. for roads and small isolated IVOdands fur wbich rhe hydroloeY """"Of h. maintained are th. mo" likely im;>ac18 to be allOWed. Tho AUAA DNR 1nformllti\)n~ 651-2':16-6151 · 1-II~fi.646--6367 . TrY; 651-296-5484 . 1-800-657-3929 All CqIJ(,' OPlluI1un;l)" ~l\lplnYl:r A />rimc" U/l R"'9'IiJ"1l P-,JPI$l' (.....U~injn!' u ~., Minll11Uhl ur /()'K "'l<'-Cnll~UIlI"I' \V:IIl\1: E9/(;9 39\1d ~3 W3 S b-d-l eBS!L6Z't99 (;t:9! 9GBllpB/!G . . - JAN-05-2006 06:37 JAN 05 '06 06:51AM WSB & ASSOCIATES 7635411700 P.09/09 P.9/9 Page 2 Mr. O'Neill January 4, 2006 indicates that 2:] Qn-Site replacemC/nt for about 3 acres ofiropacts will be required. The DNR re~ommends that concept wetland repJacement site$ be indicated on maps and made. part of the Final AUAR. However, we would like to review and comment OD. the proposed wetland rcplacemen.t sites before they ar~ made part oCme Final ADM. . . E'Ke.cutive SummliQ' (Item 13. pa~e 9) Trumpeter swanl; are Wllikely to nC51 in th~ development area. The significance of the greater Monticello area for trumpeter SWans is as overwinter TOOSting and fora.ging habit<rt. Bxecuti'\le Summvv (Ttem~ :26 and 27, p.l t) 1'he DNR reoommends that one Or borb of these items should be modified to reflect that stormwater ponds should not be designed and constructed in a mann~r that resullS in draining any adjacent wetlands. pu.n;uant to the Wetlands Conservation Act. This concept sholodd also be includ~d in mitigation measlolleS listed on page 32 of the AUA'R. Fish Wildli d Ecolo . Sensitiv Resources M-' o.tion m 11 The removal of 55 ac:res of trees has the potential to result in the taking of a substantial number of migratory bird nests if tree removal occurs dllring the 1'lesting, season. 'I11e DNR recommends an additional mitigation measure be added which requires that tree removal occur outside of the migratory bird-nt!sting season (Le., after August ]~' a1'ld before April 1 S~. Physical Imnacts on Watm' Re5our~s (Item 12. pal!e 2Q) The DNR recommends a minimwn and average buffer width around wetlands, ratber tban placing wetlands and ponds ''within easements \.Ip to the high water levet" Creating buffers around wetlands would reduce impacts to higher quaJity habitats, such as riparian woodlot>. Thank you for the opportunity to ('eview this document We look forward to receiving your Final AUAR. and Mitigation PIau. Please contact me with any '1~estions regarding this letter. SJl~ I.~ ~:tt~~g~mentul Planner Environtne:ntal ~view Unit Division of EcolQgical Services (65 J) 259~511 S c: Tom BaJcom. Jo. KurcJnka. Mike Nol'Th. Wayne Barstad, Pan Stinnett-USFWS, Jon I..ar!en-EQB ERDfI"'20ClSOSSJ-DOO2 D:\AA_ OMBS\c:om~~ JetttJli\O I ~06_DraftAUAR._Jcft1:n;allllcMollti~cllo.doc 15b-d0 e:e/EB 39t1d ~m3 0eStL61':t!;i9 Ze::9! 900G/~0/t~ TOTAL P. 09 . JAN-05-2006 06:37 WSB & ASSOCIATES Ol104/btAN g5: ':P~.Jl6_:_4.8RI't86B3 MPCA 7635411700 P.03/09 r:n ""A", P.3/9 . . . ,. , '., I r' . '. ..- .. " . .'. \. Minnesota Pollution Control Agency ''- ~.....IT" --a -- January 4, 2006 Mr. Jeff O'Neill City of Monticello 505 WaJnut Street, Suite 1 Monticello. MN 55362 Re: Jefferson at Monticello Development Draft Alternative Urban .Areawide Review Dear Mr. O'Neill; ThaDk you for the opportunity to review and comment on the ] effersoo. at Monticello draft Altemative Urban Areawide Review (AUAR). Based on the informatiOIl. contained in the, AUAR. and regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility and other interests, the MPCA EnvironmCJltal Review Unit staffh.as the followiDg comments. Sanitary Sewer and Wastewater TteatmenJ Three scenarios were evaluated in the AUAR, two of which involve development that would necessitate changes to the current sanitary system. The development' scenarios (Comprehensive Plan and Developer Concept Plan) estimate flows of 0.527 million gallons pet day (mgd) and 0.611 mgd, which appear to be based 00. typical per unit flow values that we would expect to see. The City of Monticello Wastewater Treatment Pacility (WWTp) has an average wet weather design !low capacity of 2.4 mgd and is expandable to 5 mgd, according to the AUAR. The actual.t1ow in 2095 was 1.19 mgd. The two development sceriarios would result in an increased flow to the WWTF and require the expansion and/or construction of interceptors, trunk sewers 8I1d lift stations. Please note that a separate Environmental Assessment Wozksheet (EA W) and NatiOnal Pollutant DiScharge Elimination System <.NPDES) Permit modificatioos will be required for any ex.pansion of the WWTF. Recent court decisions impacting discharges to the Mississippi River freeze the CUIrent facility lOading and signi.ficantly impact the Pennit . requirements fOJ: an expanded facility. Any new or expanded interceptors. trunk sewers or lift stations may also require a separate EA W, if not already completed. The final AUAR should address the aforementioned EA Wand NPDES Permit issues. We also recommend that Item 18.c. of the AUAR attempt to more clearly identify all of the different sewers and their capacities in aver.age wet weather :flow, including a table to differentiate the capacity allocated to each of the different service areas. Your 2vfilCA contact for sewer and wastewater treatment issues is Mr. David Sahli~ at (651) 296-8722. . 520 Lafayette Rd. N.; Saiot Paul, MN 55155-4194; (651) 291)..6300 (Voice); (651) 28Ni332 (Try); WWw-pca.state.mn,UG Sf. Paul · 6rainen:l · Detroit Lakes · Duluth · Mankato . Marshall. Rochester. Willrnat Equal OPpOrtunity Employer' Printed on recycled paper OOnta.nlnll III 10&120 ~rcllfllllbl~IG fl'Om paper rncyclGd by eon!ll.lmers. Sb-~~ JAN-05-2006 06:37 WSB & ASSOCIATES Ol104llJAN 05 '06 06: 49AI'18683 MPeA 7635411700 P.04/09 '''''^,,~ P.4/9 . Mr. Jeff O'Neill JaIUlMY4, 2006 Page 2 Noise Regarding the noise issues associated with this project, there have been some misinterpretations in the draft AUAR of the applicable state statutes. The project does not qualify for an exemption UDder Minn. Stat.: 9 116.07, Bubd. 2a (2), which references a process that the Minnesota Department of Transportation '(MNDOT) and the MPCA use to address roadway noise issues. Minn. R. 7030.0030 is the applicable role that defines the noise control requirements of municipalities and states that the mtmicipality must take all reasonable measures within its jurisdiction to prevent violations of the state noise rules immediately upon the establishment of the land use. The final AUAR. should address the noise issues using the applicable rule. Your MPCA contact for questions about the state noise rules or statutes is Mr. Brian TimersoD, at (651) 296-7898. : Surface Water/Stol'mwa.ter The draft AUAR'indicatesin several areas that lStormwater management will be required to meet city standards. The document should also indicate that the stormwater management system. must meet the specific requirements of the MPCA NPDES Construction Stormwater Permit both during construction and for the post-constructiou operation. . Table 8 iD.dicate~ the types of pennits and approvals required for the development and that an U.S. Army COIpS of Engineers (USACE) Section 404 Permit is required for this project. This table should also' indicate that an MPCA 401 certification will be required for the issuance of the USACE Section 404 Pennit. Since the MPCA is wliiving 401 certifications, we recommend the fOllowing lan~ge be included in the final A:UAR to' accurately inform any reviewers of the status of:MPCA~s 401 reviews anddetenninations: The MPeA is waiving many Section 401 certification applications with some limited exceptions. Applications for 401 certification must still ,be sent to the MPCA as they have been in the past. In most cases, MPCA's deciSion will be to issue a waiver, but th~ MPCA reserves the right and authority to proceed differently if extreme or Ul1ique circumstances merit a different approach. The waiver of 401 certification means that the MPCA b3s not reviewed the proposed federal permit application for conformance with state watet quality standards nor has the MPCA made a determin.ation of the proposal's compliance with water quality stanilllrds. This waiver action does not exempt the appIican~ from the responsibility of complying with all applicable water quality standards and requirements as contained in MiDn. R. 7050 and all other applicable state roles regarding water quality. In the event of water quality violations caused by the applicant's project, enforcement action may be taken by the MPCA. The draft AUAR does not identity any specific or potential areas for stormwater basinB to be . built in the system or where on~site wetland compensatory mitigation might potentially be located. The.firial document should include some discussion regarding these issues, including an evaluation ofpoteotial site impacts and mitigation measures that might be taken to offset those impacts. The opal determination of wetland impact and mitigation will be conducted. during permitting phase. s 8.,,] () . . . JAN-05-2006 06:37 WSB & ASSOCIATES Ol/04/IJAN 05 '06 06: 49AM7868J MPeA 7635411700 P.05/09 IAlonAl P.5/9 Mr. Jeff O'Neill Janumy 4,2006 Page 3 Without information rega.rding the spc:cifil; location proposed for stormwater ponds, it should be noted that, if any existing wetlands are proposed to be used as stoIDlwater detention ponds, Minn. R. ch. 7050 requires the protection of all wetlands that are considered "waters of the, state"_ as defined in Minn. Stat.S 115.01, subd.22. It should also pe noted that weiland impacts that may be considered non.jUrlsdictional or exempted from the Clean Water Act 404 program, the DNR Public Waters Program, or the Wet1and Conservation Act, may still be regulated by the MPCA. For example, any existing wetlands that are altered by excavation. .fill, draining or inundation to function WI stonnwater retClltlon basins should be considered to be adversely impacted and evaluated under the sequence mitigation requirements of water quality standards in Minn. R. 7050.0186 and the NPDES Pennit. The requirement in water quality standards to avoid, minimi~e and mitigate wetland impacts must be satis.fi€:d in all MPCA NPDES Pemrits, including the issuance of the General Construction Stormwater (CSW) NPDES Permit. If a project involves altering a wetland by draiDing, .:filling. excav~tiOn or inundating and that impact is not addressed (mitigated) by either the USACE. Section 404 program, DNR, or the state of MirIIlesota Wetland Conservation Act permits, or other determinations, then the proj ect propose!. must demonstrate compliance with the mitigation requirements ofMiIm. R. 7050.0186. For the purposes of the MPCA CSW NPDES Pen:n.it, de minimis determinations by another permittin,g agency that address the project impacts are recognized by the MPCA and no additional mitigation is requited. However, a non-jurisdiction determination by another peIIDitting agency does not address project impacts and therefore does require the ,Project proposer to demonstra.te mitigation to meet NDPES Permit conditions and Minn. R. 7050.0186. The draft AUAR. indicates that wetlands will be placed within easomenb for protection. but does not discuss other possible protections to the wetlands such as buffers. The MPCA supports a requirement that adequate buffers be included surrounding wetlands. At a minimum, these bufIers should be iD. the 20 - 50 foot range with more buffer dependant on the protection goals. The buffer of na.tive vegetation needs to be perpe:tually maintained around the wetlands, and. we recoromend for those wetlands that are not in public ownership that the city proht'bit the alteration of the natural vegetation within the buffer strip. Conservation easemen.ts. COVellaI1ts, recorded deed. rC6triction or other pertnanent restriction have been used to prohibit lot owners from filling 01' altering wetllulds and buffers an thel1' lots; however, enforcing the buffer restriction on each of the individua110t owners can be burdensome and difficult illot owners desire to mow these areas to expand their ba<:k yard. We recommend the wetland boundary aud an appropriate buffer also be included in the easements under the city's management to assure the maintenance afthe buffer and to avoid the difficulties of enforcing these restrictions on individua110t owners in the fUture; Your MPCA contact for sto:rmwater issues is Mr. Lawr~cc Zdon, at (651) 297-8219. s ~- ~ \ JAN~05-2006 06:37 WSB & ASSOCIATES Q].IO~/,,JflN 0S '06 06:S0A/'VB683 lI;PCA 7635411700 P.06/09 1-," "n~ P.6/9 . Mr. Jeff O'Neill J 8D.uaty 4, ;2.006 Page 4 Other Tii'e"diaft AUAR notes that a golf cOurse is cwrently in operation and will apparently be either developed or reconfigured as part of the scope of this project Further infonnation is needed to clarify the size (including greens) of the golf courses in the two expansion scenarios. As you move forward with this portion of the projeot) it is important to recognize that traditional golf course manage~t consumes substantial amounts of water resources and requires th.e use of tIlrf management cheorlcals to maintain the roughs and greens. To alleviate some of the potential enviroDmental impacts of the golf course, ple4Se consider integrating the Audubon International's Cooperative Sanctuary Programs intO the development and operation of the golf CO'UlSe for this project The infonnation on this program Can be found at http://www.aWiubonintematiOnal.orM>IOgramB(acsslgolf.htm. .' . Disclaimer This comment letter addresses matters of concern to MPCA staff reviewing the draft AUAR and is submitted for consideration by the city ofMontice1lo, the responsible governmental unit, in preparing the final AUAR on the project It does not'constitute approval by the MPCA of any or all elements of the project for the pwpose of pendi:n.g or future pemtit action(s) by the MPCA. We have attempted to identify and consult with interested program staff to identify the MPCA permits that may be required. Additional comments or requests for infoImation may be submitted in the future to address specific issues related. to the development of such pennit(s). Ultimately, it is the respoJJBibility oftbe project proposer to secure any required permits and to comply with any requisite pennit conditions. We look forw~d to receiving the required responses to our comments, arid your decision on the need for an Environmental ImpaCt Statement. If you have any questions regarding our comment letter, please contact me at (651) 29(j..8011. Sincerely, CZ::::5~ Planner Principal Environmental Review and Operations Section , Regional Division lE;mbo cc: Andrea Moffatt:. WSB & Associates. Minneapolis David Sahli, MPCA Brian Timerson, MPCA Larry Zdon, MPCA ...-.. ..,. ~~ b- 3 ~ DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS ARMY CORPS OF ENGINEERS CENTRE 190 FIFTH STREET EAST ST. PAUL MN 55101-1638 REPLY TO A rrENTION December 27, 2005 Operations Regulatory Branch (2005-7509-TJF) Ms. Andrea Moffatt WSB and Associates 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Dear Ms. Moffatt: . We have received the document entitled Draft Alternative Urban Areawide Review (AUAR) for the Jefferson at Monticello Development Area. The approximately 890-acre project site is primarily in Sections 4 and 5, T121N, R25W, Wright County, Minnesota. The AUAR indicates that some wetland impacts could occur during development in this area. It also correctly indicates that the US Ar~ Corps of Engineers (CaE) may have regulatory jurisdiction under Section 404 of the Clean Water Act rCWA) for impacts within some or all of these wetlands. It appears many of the wetlands on the site would be considered adjacent to an unnamed tributary that flows southeastward to Otter Creek, and then into the Mississippi River. In lieu of a specific response at this time, please consider the following general information concerning OUr regulatory program that may apply to the proposed project. If the proposal invOlves deposition of dredged or fill material into waters of the United States, including discharges associated with mechanical land clearing, it may be subject to CaE jurisdiction under Section 404 of the Clean Water Act. Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR 5 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized by a Department of the Army permit under Section 404. Printed On * Recycled Paper 5b-.3'3 -2- Information about the Corps permitting process can be obtained 4It online at http://www.mvp.usace.army.mil/regulatory. The Corps' evaluation of a Section 404 permit application involves multiple analyses, including (1) evaluating the proposal's impacts in accordance with the National Environmental Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFR ~ 320.4), and (3) determining whether the proposal complies with the Section 404 (b) (1) Guidelines (Guidelines) (40 CFR part 230) . . If the proposal requires a Section 404 permit, the Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR ~ 230.10(a)). Time and money spent on the proposal prior to applying for a Section 404 permit cannot be factored into the Corps' decision whether there is a less damaging practicable alternative to the proposal. The applicant must demonstrate what alternatives were considered that would avoid and minimize impacts to wetlands. Also, the applicant will need to develop a compensatory wetland mitigation plan to offset any unavoidable wetland impacts. Often, the COE will require mitigation at a 1.5 to 1 ratio. Prior to commencing detailed planning of a project, the proposer should have a wetland delineation conducted to determine the extent of wetlands on the parcel. This will likely be required also under the Minnesota Wetland Conservation Act. If it appears substantial impacts (either filling, excavating or draining) would occur in wetlands it would advisable to coordinate a pre-application meeting with the local, State and Federal resource agencies. For further information, please contact Tim Fell at (651) 290-5360. Sincerely, ~dl (7-!~1!f Robert J~ ~iting Chief, Regulatory Branch 4It CF: Jeff O'Neill C b - 3 '--\ "::) . . . II Xcel Energy'. 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 February 3, 2006 Jeff 0 'Neill City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Dear Mr. O'Neill: We have reviewed the AUAR draft submitted by WSB & Associates for the city of Monticello. After review by the NMC regulatory, security and eniergency planning groups, we feel that this represents a good plan for the city of Monticello. However, I will reiterate Xcel Energy's position on the proposed 1-94 Interchange at 120th Street, referencing my previous letter to Mayor Herbst, dated October 5,2005. Xcel Energy is not in favor of selling its undeveloped buffer property in the immediate vicinity of the Monticello nuclear plant to the City of Monticello, as it might result in a loss of buffer property that could compromise the security of our plant. Development of a major interstate interchange at this site may require the approval of key government agencies, including the U.S. Nuclear Regulatory Commission and the Department of Homeland Security. As such, we recommend removing reference of the proposed interchange from your plans. The following are our specific comments on the report: · P. 8 of 69: In the section describing possible approvals, assistance and permitting, the United States Nuclear Regulatory Commission should be added under the Federal area, as they would need to analyze any proposed modifications in the immediate vicinity of the Monticello Nuclear Generating Plant. · P. 11 of 69, para. 2: The section describing Existing and Surrounding Land Use should be clarified to state that Xcel Energy did not provide any specific requirements based on the information presented in this report, however as stated above the 1-94 Interchange location could impact MNGP security, with Xcel Energy and US NRC approval required. · P. 51 of 69, Table 21-9: The final item of concern occurs in the table that identifies affected roadways and potential areas of congestion. With the addition of the 1-94 Interchange at Orchard Road, the 120th Street and CSAH 39 intersection is projected to become congested. This could significantly impact travel times to our plants, and the federally approved Emergency Plan for the site. As previously stated, we feel that the overall plan is good, and Xcel Energy supports the City of Monticello's planned development. We look forward to participating in any future discussions/planning sessions on this matter. Please contact me at (612) 337-2183 if you have any questions. "Sb -.'~5 . . . -2- February 3,2006 Sincerely, at!{!--0a / ~ &-LtjV' Charles Bomberger General Manager, Nuclear Asset Management Xcel Energy cc: An~rea Moffat, WSB & Associates, Inc. Damn Lahr, Xcel Energy John Conway, NMC AI Williams, NMC s ~- '3 b Council Agenda: 3/27/06 sc. Consideration of resolution approvine renewal of eambline license for Monticello Lions Club to conduct charitable ~amblin~ at Hawks Sports Bar and Grill and River City Lanes. (RW) A. REFERENCE AND BACKGROUND: The Monticello Lions Club is requesting renewal of their permit to conduct charitable gambling operations at Hawks Sports Bar and Grill and at River City Lanes. Attached to the agenda is a financial report submitted by the Lions Club for the gambling operations. Prior to the State Gambling Control Board issuing a license, the City Council must pass a resolution approving or denying the application. The staff is not aware of any reason why the Council would not allow the state to issue this license. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution authorizing the State Gambling Control Board to renew the charitable gambling license to the Monticello Lions Club for charitable gambling activities at Hawks Sports Bar and Grill and River City Lanes. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: The City Administrator recommends the resolution being adopted authorizing the issuance of the license. The City is not aware of any reason why the license should be denied. D. SUPPORTING DATA: · Copy of resolution · Financial Report ~~~ CITY OF MONTICELLO RESOLUTION 2006-16 RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, the Monticello Lions Club has submitted an application to the City Council of Monticello for the issuance of a gambling license to conduct charitable gambling activities and Hawk's Sports Bar and Grill and River City Lanes; and WHEREAS, upon review of the organization's activities, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NO W THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL that the application of the Monticello Lions Club for charitable gambling license for operations at Hawk's Sports Bar and Grill and River City Lanes is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 27th day of March, 2006. Clint Herbst, Mayor ATTEST: Rick WolfsteIler, City Administrator 5C~ 3q ~=l':'-2l':'-2rJ:i == =t ~ =: t'D ~ ~ = ~ : ~;3.g~ ~=-t'D:f"'j ~~~a:f o...gg.t'D=- ~ ~ l':'-2 = ~ (t) =: =: :: t'D (";l =. t'D =- t'D 0(1.) ~~ "O=S' ~ -. = ., ~ - (t) __ ., CZl ~ ;- ~ Q" o ~ f"'j Q ;: ~:e"'= t=l':'-2t'D~~ ""1 t'D... ~ f"II. ~=-~~= Ro==~ =t~ ~ ~ n = = = ~ ~=tl':'-2=~ ~~~~~ ~er<c~; a!~"2' CZl""""'n~... ~ - ,... ~ -- ~ ~ ~ ""1 = =- Q :r~~ a..a (t) ~ = = = - ~ Q" (J'Q ~ -. ~ Q l':'-2 '... 8Q<~~ ::s = t'D l':'-2 ~ ?'6 =t;ga g -g -ot')C;:;;l= (t) 2. f"II ""1 _ ;: ;- =: o. Q l:IJ = = 0..===., . .,.,.... ft) t'D t'D r... l:IJ = ""..- · ~ ft) ~;~ =~ =.....=- = = ~- < ~ t'D (I.) ~ ... '-' ~ t'D ~:2:~~~:2:>2:00 ~t'Dt'D~=t'D=t'DS' "= ..... l:IJ ~ ..... ..... Q ...... ..... t'D~l':'-2t'D~~~~t'D a~~a~a~a~ _. 'OI!!:: =' _. = ... ..., ... = ..... ~ ........e... - .., ~ = = ~= 'OI!!:: ~ft) ~t'D ., -t'D" 2'= ~= l:IJ ~ ~ =~ ~ - =-- ~ :=: .. .. = · · .... t'D "= t'D ..a a ,=w., ~ :. Q .:! ~ l:IJ = 1;1.2..., ~ t'D ~ t'D = "= · · ft) l:IJ l:IJ 1;1.2 t'D. .. ~ ..... = ..... ... .... N = . = N ~ .....:I Ut ... Ut Ut QCl . N C'\ GI9 ..... .....:I C'\ ... \C ~ ~ QCl . v.. 0'\ 2:~ t'D ., .....= ~ l:IJ = 1;1.2 n ~ = ., e Q t'D :; .. ...... .. .,J:::.. -:J \0 . W -:J 0'\ w -:J ~ -:J . -:J \0 . 0\0 ~ .,J:::.. ~ v.. -:J WO'\ .,J:::.. ~ -:J 0\ W ~ 0'\ ~~ = ., ~ = Nc=., =t'D ==- Ut ~~ = ~ ., t-f'j = N=- Qt'D ==- c='\ ~ Q ...... = - 1;1.2 - :,Y IC'....z:: t"'4 _. n t'D = l:I:l t'D ~ t'D ., -- Q c.. .. ~ = :.~ N= == =:1 ....~ ~~ =--- ., = = ~ ~ 5. = = rI.l Ci = a =- -- ... = (JQ o ~ ~ -c = filii+.. _. = = 5c- ~o 9:51 AM 03/19/06 Cash Basis MONTICELLO LIONS CLUB Profit & Loss June 2004 through May 2005 Ordinary Income/Expense Income 2A.Raffle Income 2B-RaffJe Prizes 9-Pulltab deposits Total Income Cost of Goods Sold 13..comblned receipts 14.19 Gambling Inv. pur. 18-21 Inventory adj. Total COGS Gross Profit Expense 23..compensation Insurance. W.C. Payroll Expenses Payroll Llab. offset 23-Compensation - Other Total 23-CompenSation 27-Misc. (supplies, sIc, etc.) 28-Equlp pur. & repairs 29.Rent . gam. sites 32-License/permlts 34-reimbursement leash 39-Approved Adjustments Total Expense Net Ordinary Income Other Income/Expense Other Expense 41-Contr/butlons Comm. Servo - BL Comm. Servo - Monti HearIng & Vision Lions Foundations School Districts. BL School Districts - Monti Youth Act. . BL Youth Act. . Monti Total 41-Contrlbutlons 41.Lawful Purpose. Other Audit Licensing & Site Fees Taxes. Income TRCA Refund Total 41.Lawful Purpose. Other Total Other Expense Net Other Income Net InCOme Jun '04 - May 05 -"',.-- - -. -""-..,.--,- 5,500.00 -2,789.67 571,559.00 --',-. --,"-" .-... .-. -- 574,269,33 144,474.86 155,239.22 .1,365.85 .-'..-.. .--. -.. ,.-- ,,_. -,- 298,348.23 275,921.10 1,388.00 9,704.90 1,019.57 113,696.61 125,809.08 14,478.96 4,470.75 44,358.20 250.00 -460.00 668.00 189,574.99 -. -.. -. .- --.. ..-',--. ,,- 86,346.11 5,000.00 20,797.29 1,625.86 1,650.00 14,000.00 48,887.37 800.00 4,972.50 -. --,-- .-", -., - 97,733.02 2,250.00 1,200.00 237.00 .30,059.35 -., .-., --"',.-. "-.',.- -26,372.35 ~""'_."-' .-., -"',- -..- 71,360.67 .--., , -" '-.''''-'.'. ..-.., ,,_. -- -71,360.67 -."-"._"n_._..._ '_""'._ 14,985.44 " 5C~y) Page 1 Monticello Lions Donations For June 1, 2004 thru May 31, 2005 Monticello Senior Center Meals For Needy & programs '. $1294.52 Monticello School Dist. Turning Point Ad Learning, Athletic Camperships, Student Projects, Band Trailer, FCCLA program & Deaf & hard of Hearing project, Baseball Field Lignts. $21771.06 Monticello Scholarship Found. Scholarships $27000.00 Select Eye Care Student Glasses & Exams. $1486.86 Uptown Eye Care Student Glasses & Exam. $139.00 Connie Holker Troop # 1 0 New Brownie Troop $200.00 Simonson Lumber Ramp for Needy Resident $773.60 Boy Scout Troop 270 Ellison Park Project $1000.00 Menards SOS Project for Delta Battery Gloves, Mats & Chargers $4164.95 Lions Quest Program Monti. Schools - Q-Bears $272.50 Monticello Grad Party Donation $1000.00 Maus Foods Holiday Food Baskets $6214.22 8.M.A.R.T. Youth Bowling Scholarships $1000.00 Monticello Food Shelf Donation $3000.00 Cub Scout Pack 272 Donation $1500.00 Total Donations To MonticeIlo Area Total Donations made for license year Percent of donations made to Monticello Area $70,816.71 $98,916.71 71.6% Sc -'-t ') Contribution Report Monticello Lions Club For All Sites From 6/1/2004 to 5/31/2005 Page 1 Date Written Check Number -....-..- .----.-. - -'-. -'-'-. --'-.. --'.- .-.----.-..-.-. "--'-.- -"-'-. -'..-. ...--.---- Payee Description -... .-. .-.. -- -'---. -'-'-.- .-.. .-. -.--. .-- ---- "-'-"-"-',.-, --'-. '-'- '-'- - - ..-- "-'.- -. ..-. -'- For 6/7/2004 22771 6/7/2004 227BO 6/7/2004 22772 6/7/2004 22773 6/30/2004 22827 7/19/2004 22850 8/16/2004 22B97 9/9/2004 22957 9/9/2004 2295B 9/9/2004 22959 9/9/2004 22960 9/15/2004 22962 10/5/2004 23025 10/9/2004 23027 10/9/2004 23026 10/18/2004 23029 11/1/2004 23060 11/1/2004 23060 11/112004 23059 11/1/2004 23059 11/2/2004 23067 11/2/2004 23066 11/2/2004 23066 11/15/2004 230B9 11/15/2004 230B8 12/6/2004 23123 12/6/2004 23124 12/7/2004 23174 12/7/2004 23175 1/4/2005 23217 1/17/2005 23253 1/17/2005 23254 1/17/2005 23265 1/17/2005 23256 1/17/2005 23257 1/17/2005 2325B 1/17/2005 23259 2/21/2005 23315 2/21/2005 23321 2/28/2005 UNSOLD 3/712005 23347 3/11/2005 23360 3/11/2005 2335B 3/11/2005 23359 3/2B/2005 23385 4/4/2005 23415 4/5/2005 23416 4/6/2005 23419 4/6/2005 23418 4/6/2005 23417 5/9/2005 234 78 5/10/2005 23480 5/10/2005 234B1 5/1 012005 234B2 Monticello Senior Center Big Lake School Dist. #727 Monticllo School District #8 Friendship Ventures Monticello Scholarship Found American Cancer Society Select Eyecare Maus Foods Connie Holker Troop #10 Monticllo School District #B Monticllo School District #8 Monticello Senior Center Simonson Lumber Minnesota Dept. of Rvenue Wells Fargo Bank Lions 5M Hearing Foundation Monticllo School District #8 Monticllo School District #8 James and Gruber James and Gruber B.SA Troop 270 Menards Menards Lions Quest Programs Mosford. Barthel & Co.. PIc Lions 5M Hearing Foundation 5M Lions Eye Bank Monticllo School District #8 Monticello Graduation Party Maus Foods 5M Lions Eye Bank 5M 7 Wellnes Van Leader Dogs for the Blind Hearing and Service Dog Of M Lions 5M Hearing Foundation Childrens Eye Clinic 5M Lions Eye Bank Lions Clubs International Fo Select Eyecare Tax Credit/Refund from Form Select Eyecare Big Lake TWP Big Lake Scholarship Foundat S.MAR.T. Monticello Food Shelf Select Eyecare Select Eyecare Monticllo Scholarahip Founda Monticllo School District #8 Boy Scout Troop 93 State of Minnesota Monticllo School District #B Monticllo Graduation Party Boy Scout Troop 93 donation 2005 Middle School Planners Turning Point ALP Donation Camperships Scholarships Donat/onlrelay for life Glasses and EXam. Lunch for training teachers New Brownie Troop #10 athletic camperships (5) 4 student programs meals for needy Material for handicap ramp 2003/2004 income tax 200312004 income tax Donation/memorial Dullinger band trailer band trailer 2003 /2004 Audit 2003 /2004 Audit Park Project SOS Project Gloves, Mats & Chargers SOS Project Gloves. Mats & Chargers Q = Bears tax prep 990- T 2004 Donation/memorial Hoglund donation/gov roden Athletic Camperships donation 2004 Food Baskets MAC 05 POG 05 POG 05 POG 05 POG 05 POG 05 POG MAC 05 POG / memorial B Strand Memorial Donation Elanor Zimmerman Glasses and Exam. Glasses and Exam. park maint. 10 - $1000.00 ScholarShips SChOlarships for youth bowlers donation Exam & Glasses for student Exam Scholarships for 2005/2006 FCCLA program & Deaf & Hard of Hearing prog Campers hips 2005 = 2006 License & Permits FCCLA program donation Camperships Total 544.52 4000.00 4000.00 5000.00 17000.00 150.00 394.44 116.31 200.00 375.00 2400.00 750.00 773.60 3.00 4.00 130.00 5407.61 2663.45 1350.00 900.00 1000.00 2000.00 2164.95 272.50 230.00 130.00 130.00 375.00 500.00 6214.22 140.00 140.00 140.00 140.00 140.00 140.00 140.00 140.00 376.38 -30059.35 337.62 5000.00 10000.00 1000.00 3000.00 317.22 61.20 10000.00 550.00 300.00 1200.00 1000.00 500.00 500.00 18; 15; 16 3/1812006 Minneaoll'l Gambler SC-L{3 Contribution Report Monticello Lions Club Pag~ 2 For All Sites From 61112004 to 5/3112005 Date Written -.,. -- ,.--. .-., '---.- --. .--. .--- ..-", -- ..-.., ".-. -.'0_"' ,._". _. '._""',,_ ___ .__ .._.. ._ .._.., .,_. __. '__"".__ _.., .__. Check Number Payee Description Total - .-. -"".--',.-- .-.,. -".,.--." -- - ,.-..., ',-- -." ._,. ..-., -. _on. --. -. ,.-., ..__..,.__. __ _., ._.'.',u_. ._.. .__. ..__ 5/10/2005 23483 5/10/2005 23484 5/1012005 23486 5/1012005 23485 5/1612005 23503 Cub Scout Pack 272 Uptown Eye Care Tuberous Sclerosis Alliance 5M Lions Eye Bank Monticllo School District #8 donation glasses for needy students Donation Memorial Robert Nelson father of Lion Dave Ball field lights 1500.00 139.00 200.00 140.00 5000.00 Total of -."'-..--."'.-.."'--. -'.'...-."., ,,_., '-""-" -".",.- .-.. .-. .- ,.-.. .-- -.. ---. ,..-.. ,..- -- .,_. ..-... 71360.67 Total of Organization --.. "-.'.,.-.." '.-." '---',.-., ,,_., ..-.. "..-"""--".__... _n_.".,.._., ._. ._. '.__""..__. ,._., _ _."._._., ._.., 71360.67 18:15:24 3111112006 Minnesota Gamblar ,5c-yL\ 12:32 PM 03/19/06 Cash Basis MONTICELLO LIONS CLUB Profit & Loss June 2005 through February 2006 Ordinary Income/Expense IncOme 1-8lngo 2A-Rattle Income 2B-Raffle Prizes 9-Pulltsb deposita Totsllncome Cost of GOOds Sold 13-Comblned receipts 14-19 Gambling Inv. pur. 18-21 Inventory adj. Total COGS Gross Profit Expense 23-Compenaatlon Insurance - W.C. Payroll Expenaq Payroll L1ab. offset 23-Compensation - Other Total 23-Compensation 24-Pena'ty & interest 26-AcCounting 27-Misc. (Supplies, sic, etc.' 28-EqUip pUr. & repairs 29-Rent - 98m. sites 34-relmbursement leash Totsl Expense Net Ordinary 'ncome Other IncomelExpense Other Expense 41-Contrlbut/ons Comm. Servo - BL Comm. Serv, - Monti Hearing & Vision Lions Foundations SChoOl Districts _ BL School Districts - Monti Youth Act. - BL Youth Act. - Monti Total 41-Contrlbutions 41-Lawful Purpose - Other Audit Licensing & Site Fees TRCA Refund Tota' 41-Lawtul Purpose. Other Total Other Expense Net Other Income Net Income Jun '05 - Feb 06 -'-'.---"- -".- - -'-"-'-""- .- 7,203.02 2,325.00 - 1,264.71 434,329.00 - -'-,-"- -'-',,-. .------.,.-- 442,592.31 102.682.47 114.340.50 872.66 - .- - -" -. .-. ".-. - 217,895.63 .. -..-.,.-.-...-..-.-..-...- -,--- 224,696.68 1,603.00 9.174.15 1,458.41 103,750.61 ._",~., -'-"-"_0',-._,-.- 1 15.986.17 106.50 250.00 10,825.57 3,677.16 37,430.43 -1,137.28 -"-"- --.,- -. - -'-'.- '--'- 167.138.55 - - -.-.-.'-.-,-.---.-.-.- 57.558.13 5,922.96 11,863.51 310.30 13,756.00 5,877.00 29.083.69 2.000.00 4.194.80 - ,-. '_.-.~. -"-..-.-"- 73,008.26 2.400.00 1 50.00 -31,062.21 -'-'~'-"- -_.",- --- -28.512.21 -,,-- -'''.-.. -'- -. -,,_. -- '-",-- 44,496_05 -'-'0_',- _',_,_ _._.'__'_"_ -44,496.05 ---"-'_.,,-,---,-, --"-,-- 13.062.08 - -'.- - -- -,._,.- -. -'._, _._",- 5c-- Lf S I Page 1 Monticello Lions Donations For I June 1,2005 thru May 31,2006 Monticello Senior Center Computer $1000.00 Monticello School Dist. Turning Point Atl Learning, Project $8000.00 4 Teens, Wright County Peer Helpers, Students Summer Projects, Audiometer Monticello Scholarship Found. Scholarships $22100.00 Select Eye Care Student Glasses & Exams. $100.98 Uptown Eye Care Student Glasses & Exam. $209.32 Connie Holker Troop #930 New Brownie Troops $500.00 Boy Scout Troop 270 Dock Project $1000.00 Monticello Grad Party Donation $600.00 Maus Foods Holiday Food Baskets $5643.11 Monticello Food Shelf Donation $2000.00 Cub Scout Pack 272 3 Camperships $194.80 Buffalo Eye Clinic Repair students glasses $20.40 Total Don3tions To Monticello Area Total Donations made for license year todate Percent of donations made to Monticello Area $41,368.61 $73,124.56 56.6% 1/ . .' ~ aJ- Nt/L.: C-~ ~'Vi C~t-~ ;;- Ct, y- fVl ftUJ % Lu-d/A~~..... ~I 5C~-.~ ~ Contribution Report Monticello Lions Club Page 1, For All Sites From 6/1/2005 ; to 5/31/2006 Date Written Check Number --.. .--., -... .--'.""..-." .-." -- .-- ..-- .-- .,.-." -'.'..'-"'.-. - -.". ".-'.,...-..", --.'--".'.-."."'--. Payee --., ".-'.-'..--.. -. ,.- .--.... .-.- - -. ...._ n_... __. ,._. .'_.', .__." ,._.. _".._'__ Description Total For 6/6/2005 23529 Monticllo School District #8 Turning Point Alt School 4000.00 6/6/2005 23530 Big Lake School Dist. #727 2005/06 Quest Training 5877.00 6/6/2005 23531 Big Lake Community Ed Summer Rec Program 2000.00 616/2005 23532 Monticello Food Shelf Donation 1000.00 6/6/2005 23534 Timber Bay Camperships 1000.00 6/6/2005 23535 Friendship Ventures Donation Camperships 2000.00 6/6/2005 23536 Rivers Of Hope Donation 1000.00 6/6/2005 23537 Camp Needlepoint Camperships 1200.00 6/20/2005 23561 Leader Dogs for the Blind Donation 1000.00 6/20/2005 23562 Hearing and Service Dog Of M Donaton 1000.00 6/20/2005 23563 5M Lions Eye Bank Donation 1000.00 6/20/2005 23564 Childrens Eye Clinic Donation 1000.00 6/20/2005 23565 Lions 5M Hearing Foundation Donation (Childrens hearing) 2000.00 6/2012005 23566 Lions 5M Hearing Foundation Donation 1000.00 6/20/2005 23567 5M7 Wellness Van donation 1000.00 6/20/2005 23568 Monticello Senior Center Donation (computors) 1000.00 6/30/2005 23603 Monticello Scholarship Found Scholarships 12100.00 7/18/2005 23632 Monticllo School District #8 Proj 4 Teens, Wright County Peer Helpers, C 2650.00 7/18/2005 23631 Cornerstones 3 Students Summer program 900.00 8/15/2005 23692 Monticello Food Shelf Donation 1000.00 9/15/2005 23746 Connie Holker Troop #930 Startup for new troops 500.00 9/15/2005 23747 L.C.I.F. DONATION 2000.00 9/15/2005 23748 Camp Freindship paint for cabins 200.00 9/15/2005 23749 Boy Scout Troop 270 Simondet Dock Project 1000.00 10/4/2005 23806 Cub Scout Pack 272 2 Camperships 130.00 10/4/2005 23807 L.C.I.F. DONATION Sight First 500.00 10/4/2005 23807 L.C.I.F. DONATION Sight First 500.00 10/17/2005 23813 Schlenner Wenner & Co. 2004 & 2005 Audit 800.00 10/17/2005 23813 Schlenner Wenner & Co. 2004 & 2005 Audit 800.00 10/1712005 23813 Schlenner Wenner & Co. 2004 & 2005 Audit 800.00 11/1412005 23873 Monticello Graduation Party donation 600.00 11/1412005 23873 Leader Dogs for the Blind Memorial Basil Schillewaert 144.00 12/5/2005 23906 Hearing and Service Dog Of M Donaton (Gov Night) 100.00 12/19/2005 23950 Select Eyecare Exam & Glasses for student 100.98 12/19/2005 23951 Uptown Eye Care glasses for needy students 209.32 12/19/2005 23952 Cub Scout Pack 272 1 Camperships 64.80 1/1612006 24006 5M Lions Eye Bank Donation 144.00 1/16/2006 24007 5M Lions Eye Bank Donation 146.00 1/16/2006 24008 Childrens Eye Clinic Donation 146.00 1/16/2006 24009 Lions 5M Hearing Foundation Donation 146.00 1/16/2006 24010 Lions 5M Hearing Foundation Donation 146.00 1/16/2006 24011 5M7 Wellness Van donation 146.00 1/16/2006 24012 Hearing and Service Dog Of M Donaton 146.00 1/16/2006 24013 Monticello Scholarship Found Scholarships 2005/2006 7500.00 1/16/2006 24013 Monticello Scholarship Found Scholarships 2005/2006 2500.00 1/16/2006 24014 Buffalo Eye Clinic glasses repair for needy student 20 AO 2/6/2006 24065 Coborn's Inc Holiday food baskets Big Lake area 5922.96 2/8/2006 24091 Lions 5M Hearing Foundation Donation 146.00 2/8/2006 24092 5M Lions Eye Bank Donation 146.00 2/10/2006 24075 Maus Foods 2006 Holiday Food Baskets 5643.11 2/2012006 24097 Minnesota Revenue Nwe site license 150.00 2/20/2006 24095 Monticllo School District #8 Audiometer 450.00 2/21/2006 2202 Maus Foods Reimburse from Activity Acct Check #2202 .116.31 2/28/2006 UNSOLD Tax Credit/Refund from Form -31062.21 .---.-., '''..--.'''.. Total of 44496.05 -."'.-..'.__"n_. ,.._. ..__""'.___."."___. _._.. "_.'_._. _ .__. '_""_."'..__. .__.""."'_."".' __. '_"'._.." __ ,.._....,...._. ..__ '_...',..___. .__ Total of Organization 44496,05 18:16:18311812006 Minneso18 Gambler Sc~- 4l en ciS " Dl C iil F~ 1';;~.1 1"., I^ '<.-- 0-.::"., .,I-~ ri ~.' '-=--I i~ : I \ I o Dl it , ~, .......- 1 \ t=~'~ 'c; ~ I C I I () m o cn ciS' " Dl C ii \,J .. ._-, '---." ------.--- ...._~~--_. '.en ,~> ,> ,CIl I> I> > > CIl 'e: 10"' '-. 0) c -. ~ ...... co C 0- ..... 1<0 ~ ;1'0- Ol ..... I\J cr I..... 10 r;;; ~""'I"'" .... ..... I'~ j!!I I~ ~ ~ ~ ~ & ~ [ S!. 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II." ~. ~ ~ I ~ ~ ~ I~ J~' o .... ~ 0 g: '" 0 ,Co> ,Co> I ;0 8 f\) :,.' , "" 0 I '6 I '~ :u: 8 [ C CI':-:~ lom ~ l;l - ~ ~ ~ a: 0 I!? o N ~ 0 ~ ~ ~ I~ I~ ~ I~ 8. ~- :g,,81~L_,~ ,S'i8-iS- ;~ <Q I~ I' I..... Ie;; :~ I~ I~ 6f N.:' I t; t COO.... t:; ~ ~'" I....~ (11 ! ~ I g ~ '" 0 .., ~ ,... 10 I' I 1 ON :r8 err: ';";'~'6"" ~ ~ CD m ~ ..... ~ <Q ro OCD ~ ~ ~ ~ ~ ~ ~ ,~ I~ 6:" 8 CD Co> ~ f\) 0 I ~ Q f\) :11 r Ci....-II:i:-~ Ii I[ ~ ~ ~ ~ ;j ~ ~ 16 1-0 10 P ~ .." P ..... CD ~ I'" I~ I~ ,'3 I~ o 0 <Q 8 m 0 8 0 ,0 '" Q-- Q..-'~---rll'r tf:l:"i~ i~ :~ l<l ~ '" ~ Co> I;;; II", 16" I~ i~ .....0 (Dc:ncn.....,~r fIJ:t o ::J R; P ~ ~ ~ I~ I~ jU1 :, la 8;.8_ $..;U-,~;8~8...+8. ..! I \ Iii; II I I", 1f\)11~ 1.-1 I:~ l! ~ ~ m. ~ 8 ~ IS ,~ o ~ ! 0 ~ ~ ~ ~!~:~ I~'~ 81~ I~ 8 ~_~_~ :~.:g I~g ~ ~ .., N o o UI 5c..-y~ City Council Agenda - 03/27/06 5D. Consideration of a reauest for a Conditional Use Permit for a Concept Staee Planned Unit Development for a 12S-unit residential development in a PZM (Performance Zone- Mixed) District. Applicant: UP Development. (NAC) A. REFERENCE AND BACKGROUND The City Council first considered the Concept Stage PUD at its March 13,2006 meeting. concerns were raised by the Council members related to parking supply in the project, traffic patterns and access to 6th Street, density, and proposed building design. The applicant has provided updated information for each ofthese issues as follows: Parking. The City's zoning ordinance provides that each residential unit must have no less than 2 parking spaces per unit off-street. Each of the units in this project provides the minimum in an attached garage. For areas where private streets are allowed by the City, staff has had the practice of requiring that adequate visitor parking is available, both in quantity and location. For most units, some visitor parking is available in the driveways for each unit - usually at least for two additional vehicles. Finally, other visitor parking has been required, at a rate of one additional space per three units. This supply provides for larger gatherings that may occur at individual units that can not be accommodated in the typical driveway. As a result, while the ordinance requires 2 spaces per unit, we are usually asking for a total of 4.3 spaces per unit to account for conditions noted above. The applicant's proposal includes two garage spaces, plus two driveway spaces for all but 11 of the 117 units in the project. In addition, the applicant has provided 71 spaces of visitor parking, including on- and off-street parking locations, consistent with City practice. This results in a parking ratio of 4.5 parking spaces per unit, more than the common standard applied to similar projects. In fact, the project may provide more than this, given the fact that single family homes often have 3-car garages or more driveway parking space. 6th Street. The plan has been update to reflect a south-bound one-way private street serving the townhouses on the east side of the project. This change reflects the Council's concern that access to 6th Street may raise traffic conflicts. Density. There was some confusion about the density calculation for the proposal. The project shows a total of 117 units on 21.3 acres (not including the right of way areas of 6 Y2 Street or Elm Street). This results in a net density of 5.45 units per acre, similar to the density in the adjoining townhouse project. Housing Design. For most PUD projects, housing design is of critical importance in gaining City approval. The applicant has provided some information in this regard through previous submissions. To supplement that, he has also provided sample single family drawings. Staff would offer the following comments: a. For the detached townhouse units proposed on the west side ofthe project, the applicant's primary design relies on alley access, with the "front" of the unit facing the open space. Most of the units on this side of the project actually will face the street, however. The yq City Council Agenda - 03/27/06 applicant should be prepared to illustrate how the garage-side fayade ofthese units will enhance the streetscape facing the single family areas. b. For the attached townhouse units in the project, the applicant has proposed to divide what were previously shown as back-to-back 8-plexes. This change reflects staff direction to delete the back-to-back unit style. However, the City will want to see how the revised building plans will include windows and doors, as well as articulation in the wall construction, where the original design previously has common walls. c. The applicant has provided sample designs for the single family parcels, dominated by look-out homes with garage-forward layouts. The elevations include three different designs, all for split-entry homes with protruding three-stall garages. Staff has expressed concern with the submitted elevations and recommends that the City require the applicant to comply with the standards of the R2-A District. The purpose of the R-2A District is to provide for medium density, single family, detached residential dwelling units and directly related complementary uses. The R-2A District is distinguished from the R-2 District in that it has more extensive development standards and is intended to accommodate small lot residential development in traditional neighborhood arrangements with high levels of amenities. Specific design standards of the R-2A District include the following: · Each single-family home shall be at least 1,200 square feet in finished floor area, exclusive of mechanical, garage, or unfinished storage space. All such finished space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade. · No less than 20% ofthe front building facade of any structure in the R-IA District shall be covered with brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. · A garage of at least 450 square feet, attached or detached, shall be provided for each single-family home. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. · Within front yards, no less than 60 ofthe yard shall be landscaped garden area. Conclusion The revised plan as presented has addressed many of staffs concerns related to previous concepts presented for this site. The applicant has provided a greater amount of accessible, usable open space, created better circulation throughout the site, and reduced density to a more acceptable ratio. The main issue for consideration is whether or not either Phase would meet the City's requirements for PUD approval. Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. 2 C(J ,,) City Council Agenda - 03/27/06 Staff believes that the project has been redesigned to a project that is more reflective ofthe City's PUD standards. In general, the new plan is closer to the desired density and open space needed and presents a good unit mix with a variety of housing. Previous design comments should continue to be carried forward for the applicant's Development Stage POO planning. B. ALTERNATIVE ACTIONS Decision 1; Concept Stage Planned Unit Development for UP Development 1. Motion to approve the Concept Stage PUD, based on a finding that the proposed mixed- residential design establishes a high quality residential project that meets the City's intent for PUD consideration, subject to the conditions listed in Exhibit Z. 2. Motion to deny the Concept Stage POO, based on a finding that the project fails to demonstrate tangible amenity-based or other benefits that justify the flexibility granted by the POO zoning regulations. C. STAFF RECOMMENDATION Staff recommends approval of the Concept Stage POO at this time. As noted, the applicant has made significant changes to the original concept plan presented, resulting in a variety of units in an arrangement that maximizes accessibility to open spaces. The applicant has proposed a plan that is acceptable, from a density perspective, for the PZM district. The density is similar to that of the adjacent Vine Place development. Staffs recommendation is contingent on the further support ofthe City's POO objectives at development stage application. The design of the units and landscaping plans will be essential considerations in weighing the flexibility granted in setback, lot area, parking and street standards. D. SUPPORTING DATA A. Aerial Image B. Applicant Narrative C. Concept Plan - 2/27/06 3 5/ Sd-. '/156.99.28. 84/serv leVcom.esri . esri map.Esri map ?ServiceN am"",CustomParcel&ClientV ersion=3 .1 &F... 21 I/200li ~ Statement Describing the Proposed PUD (14 Acre Site) for u.P. Development Monticello, Minnesota JAN 0 9 2006 The proposed PUD for U.P. Development is located in the Northwest Quadrant of West th Street and Elm Street and consists of 16 single family units, 32 detached townhome units and 32 attached townhome units on a 14.48 acre site. U.P. Development will be developing this site along with 7 acres lying east of Elm Street was previously submitted which includes 48 attached townhome units in 2006. The attached townhome units on the west side of Elm Street will consist of four unit row houses with maintenance free vinyl siding along with decorative stone and other high quality materials. Driveways with a width of 18 feet and a minimum length of 25 feet will provide two parking stalls for each townhome. The detached townhome units will also have maintenance free vinyl siding. No driveways are proposed for the detached units. However, each unit will have a two stall garage. The single family lots average over 11,000 square feet each and will provide a buffer between the townhomes and the existing single family development to the west and north. The costs of the townhome units will start in the $200,000 area and the single family homes will start at $250,000. The market for the units will consist of singles, young families, young professionals and semors. The proposed development will fit into the City's overall Comprehensive Plan by providing a transition area between the single-family residential housing to both the north and west. The proposed density of the Townhome Units is one unit per 7100 square feet or 2100 square feet greater than the minimum required area per townhome. Both the usable open space and the green space requirements have been met and landscaping will be completed to provide for an attractive neighborhood. Two ponding areas are proposed for the project to meet the water quality standards. The exact size of the ponds will be determined during the development stages of the project. 3188-04Statement 53 c; z: i!: ei ~! ~il~~i olliil~~~~ i~~~~~ I c!!;",~~<o J I ~ i ~ .............r<)~I")...."'tfo")- " ...."'I")........,"".l"t"'}....Io}....lo);:: ..." <::i ~N~I~I. ~~ >:: ~~ 1;j ~~l!i ill i;j- 11 ~ h :2'~i '" l~g '" ~,,>. " " ~ fI)~ .. ~ ~i~ " ...... 5l!~ 0; i;:; <::i ~~~ '" Is 13~~ i "~ ;;! ,::sCl::j;:;, ~~~ "g~ ,!,"- ",,-I!! "- ~V)~ "< 0'" ,,\1;... ll! ~~lii ~~If) "< ~"tli ~I ~"'''' "<ll!~ ~~~I ~~~ c M~ "'", ~ '" "- ~ in % .., ~ ~U Ii ;~:g~bIT (3 ~ I-- I-- a --.J ~ ... 9 ~ in ) \~ " B' ~ ~ in ~ .' } 09 in ~ ~ Og ~ ~ i2 ~ ~ Og " ~ :io .' ~/ ~ :';~::, ~\~ u II~ ll"'(()~ ~ 1-~1o-.1l 1111 Q ;i~i!~!iii; l e"'iS ;J: ~~ ll! ~ ~ " ~ '" tr ...frfr..... t' ~~ W'lll "c~ ~'" ----'t:li &:~-- :;OR-'o Ii o~8 > ~Q:<2&j "~\ 1-"" ..... (1 "'i 1 !li :!,i d~ ~- ~~ ~: \ ". \ \ ~?,~y/(...-,' =-'A /1.1 O. -JI VI; I :>' :;:> Ii; :!.~ III ~ Il" e: . !:!. r.I) I~ ::4 ..\II '" ~e.JS &{;6'9 L_H ( r \ u , I I ~ 8 I ! 88 0000 DODD DODO DODD I 8 DODD I I DODD DODD B 0000 1/ DODD nnnn Q E3 ;:.. u ~ o 0'. 0..'0 ~~U B D E3 I~ Ii " \"'~ :;? 'A1) ~~~/ DODD DODD j I~ IHHHHHH DODD DODD DODD DODD DODD HHH~l'D ODD DODD WlIlllUU W · ~ !'." r--. ffffi I~I ) 111118 11111c::::J h~ [d I I ~ E3 U B I- t- r I , j- [] ~ c::J [] c:::J c:::J ;-, f-' . . t: Cr(-- -).) . . t")C\ . . 6e . . C{. \ . I ,', \', (,:..1." ~,,; 1. ..'t:,.~'~~Ol 'l ),~, ' I~I:.!~' :::J' ~ -'l " . ,,; ~.'f ~ ,,~\ \\~ " j ..w"....... ,. I ~ ~~~ ~. . . Ii . _r:' ,.4' 'I ,J 6'"""' , \.Y ~.r .i/.....fl ....~ ~r ".!~. 1m! I' " j ,.".jl.- ! '~dlc'-...," ~. ~ :.4- 1"{< ....~>.~ t':11~~: [~ ", """,. ,\ '\-:? ~... - I " .', . f"" , .~. . '"1 . . ~ .../ ( ~ ~ ('tl ~ ('tl - o "C 8 ('tl ::I t"+- I ~ ~ ~ - ('tl CIl o ...., rJ1 ..... ciS - ('tl I ~ S. q ~ a ~ r') :r ('tl ~ ~ o ~ = r') l"'I- Council Agenda: 3/27/06 SE. Consideration to Adopt a Resolution to Approve the Otter Creek Crossine 2nd Addition Plat for the Proposed Karlsbureer Site (Citv of Monticello Plannine Proiect No. 2006-007) (JO/WSB) A. REFERENCE AND BACKGROUND: City staff is in the process of entering into a purchase agreement with Karlsburger Foods for development of a site within the Otter Creek Crossing plat. A preliminary Developer's Agreement has been executed. The proposed site is located along Chelsea Road between CSAH 39 and School Boulevard (to be renamed Dalton Avenue), adjacent to the Otter Creek lift station site. The plat is required to be recorded with the County prior to closing on the property. The developer wishes to close on the property by May 1, 2006. The plat includes a drainage and utility easement to extend trunk sanitary sewer and watermain for future developments to the west. A trail easement is proposed to be provided along Otter Creek for a future trail corridor to be extended into the YMCA property at some point in the future. The trail will lead from Chelsea Road near the lift station along Otter Creek and where it will eventually intersect with the YMCA property. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution approving the final plat of the Otter Creek Crossing 2nd Addition. 2. Deny adoption of a resolution approving the final plat ofthe Otter Creek Crossing 2nd Addition. c. STAFF RECOMMENDATION: The City Administrator recommends selecting Alternative No.1. D. SUPPORTING DATA: Copy of Proposed Preliminary Plat. Pictures of Otter Creek in the vicinity of the proposed plat. &:'~~ F: \dmmgll'."(Jrdp1'()(':\:!()06 Cuuncil AgelldtJ..'1\3-::7_06 cc {lgellda\5Rf)fM{'n~kJndPlat-()j~7()6. doc /1] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~" ' ., ' .......b. ,J1. '. _'" f",J '<" ~~ ~il'~" ~ ,', / \ -;,>" :/ ./ I II "\ l \'\ \ ~ \\ \ .t~ \~~::.~ ';1_ 9w~ ~ _'" ~~~ IE e; "",~ .,: lii9 ~~. >- 1-..... ::Izo 0 o~ 4-;i::l .... ....0 o~l:j !'5 :5:5 j':..,F "-, Iii "'''' o:illi zlQ ~ ~~ ci:: :I :5~ o ::i:::l W 0...1- Z ~~ ~ ~~ V><D , , , , , , , , , L,lo ~.llIIkiPil.811lnv.1MJ ns\!lNZ9Lm;~ ~ ~ ~ ~ ~ ~ ~ ~ ~ IJ ~ ~ ~ ~ ~ .s " .0 11; H ~~ ~L B.~ ~ ~~~ ,,>2 ~:!l ~" ;;;~ ~o 550 ~ ffi~i ~ 5~ I ~ O:'~ ~ ~E~ u og~ i! '5U~ :i {.6 g' 5 .~ ~ l! ... ~lL~ : '21;- ~i~ ~(H> lts! Us ~j ~ >- .. 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"/ '\ \\ \. ,\ , , , , I , , , , , I , I I , , , , , , , , , , , , I I , I I I , , I , , , , , , , , , , , , , , , , , I , , , , I~ ~ ~ " ~ ~ I , I , , , , , , , , , , to8 ~'~pPy pu:/: OuI8l1OJO 1!1IIa1~ .lD\IO~ijIf\jnS\!jrll9~0\;)t Council Agenda: 3/27/06 5F. Consideration to Adopt a Resolution to Approve the Jefferson Commons 2nd Addition for the Proposed Expansion to Muller Theater and Kevin Tracv office buildine:/land exchane:e. (JO) A. REFERENCE AND BACKGROUND: City Council is asked to approve a final plat establishing new property lines that would allow the sale of land to Mike Muller necessary to support the expansion of the theater. The plat also establishes a commercial lot to be provided by the City to Kevin Tracy in exchange for the parcel west of Linn Street. A copy of the agreement governing this exchange is attached. It should be noted that in accordance with previous action/direction by the City Council, the City would be installing utility lines and road improvements necessary to support the Tracy development. The road improvements were also necessary to serve the water tower site. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution approving the final plat of the Jefferson Commons 2nd Addition. Motion contingent on execution of necessary agreements pertaining to sale of the land for the Muller Theater site and contingent on execution ofterms relating to Tracy/City land exchange. 2. Deny adoption of a resolution approving the final plat ofthe Jefferson Commons 2nd Addition. C. STAFF RECOMMENDATION: The City Administrator recommends selecting Alternative No.1. D. SUPPORTING DATA: Copy of Proposed Preliminary and Final Plat. Copy of Draft Agreement. 10 C: ILJOClJnlenf.f aNd Sc"i'lgsldawngro.ui"g~,.\r.()CClI SeW"gsl Tempmrtt')i ff1l/:mel hles\ULK3V("ff~rsunJflJaddi'i(jn. dot =:~ ~I ~~. ~ . ~ , 'l I. ! 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I \ ~ /i~ f.. g I \ .~~ I :;;O~ ;;: " I ~~~~I I~~ ... ~ \ 6 1'\ M \! ~:~l( ---' .....,.- I ...... , ...... I 1 I I I .......~. I ;..............1 '1 I , ....... '--i I I 1 1 I I I I 1 1 T"'" ~ I I I I I , I I I I I I...... I , I I I I I I I I I I I I ~~ ~~ ~~ )i!./ ....... I ....... " , /........ I , . I """~J.Hr ;10 :iNl1 1'5:~~ SNQI'MQ:;I ~ 1Il.:,~__ ____ 1 Ui" ~; I '-i' is I hi'l. ." , !'J II -i' ~ ;l~i ~~ i i: ~ !gi. ~I I II ~ h~i W~ I ~ i ~iii f~i ~ ~. , .~,. l~i ~ 111 I hU ~:= I ~X . " . 'l3 VACANT LAND EXCHANGE AGREEMENT This Vacant Land Exchange Agreement ("Agreement") is made on this ~ day of March, 2006 by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City") and KEVIN TRACY, a person ("Tracy"). REcrr ALS WHEREAS, the City is the fee owner of certain real property located in the City of Monticello, Wright County, Minnesota which is to be platted as Jefferson Commons Second Addition, according to the proposed plat attached hereto as Exhibit A; WHEREAS, Tracy is the owner of certain property located in the City of Monticello, Wright County, Minnesota legally described in Exhibit A ("Tracy Land"); WHEREAS, the City desires to acquire the Tracy Land for future public use; WHEREAS, Tracy is agreeable to exchanging the Tracy Land for the real estate owned by the City marked as Lot I, Block 2, ofthe "Preliminary Plat of Jefferson Commons Second Addition" shown on Exhibit B ("City Land"); WHEREAS, the City and Tracy agree that the value of the Tracy Land and the City Land are of approximately equal value. NOW, THEREFORE, the parties for One Dollar and other good and valuable consideration hereby agree as follows: I. Plat of City Land. The City agrees at its sole cost and expense to plat the City Land and other land shown on Exhibit B as Jefferson Commons Second Addition. 2. Conveyance of City Land. The City agrees to convey to "rracy by Warranty Deed the City Land in accordance with the terms of this Agreement. 3. Conveyance of Tracy Land. Tracy agrees to convey to the City by Warranty Deed the Tracy Land in accordance with the terms of this Agreement. 4. City and Tracy's Contingencies. The City and Tracy's obligations under this Agreement are contingent upon all of the contingencies relating to the City and/or Tracy hereinafter set forth being satisfied or waived by the respective party. 5. Environmental Assessment. As soon as possible after the execution hereof, the City and Tracy shall have the right, if they desire, at their own expense to inspect the respective properties of the other party being exchanged for the purpose of determining whether or not there are any environmental conditions that affect the City Land or the Tracy Land. If the 124098 "\ '-\ environmental inspection reveals any environmental conditions that are unsatisfactory to the respective party, said party may elect either of the following options: (a) Terminate this Agreement as provided by statute; or (b) Proceed with the terms of this Agreement by waiving the contingency relating to the environmental condition. 6. Physical Inspection. The City and Tracy shall each have the right from time to time prior to the Closing, to enter upon the respective property being exchanged, to examine the same and the condition thereof and to conduct such surveys and to make such engineering and other inspections, tests and studies as they determine to be reasonably necessary for their use of the property. All physical inspections shall be at the sole cost and expense of the party making the same. The City and Tracy will conduct all examinations and surveys of the respective properties in a manner that will not harm or damage the respective properties so that it cannot be restored to its prior condition or cause any claim adverse to either party, and will restore the respective properties to the condition they were in prior to any such examination, immediately after conducting said exanlination. Tracy and the City shall indemnify, defend, and hold harmless each other from any and all claims for injury or death to persons, damage to property or other losses or damages or claims, induding, in each instance, reasonable attorneys fees and litigation costs, arising out of the action of any person or firm entering upon the respective properties, which indemnity will survey the Closing and the termination of this Agreement without the Closing having occurred. 7. Governmental Approvals. Tracy shall be satisfied in his sole discretion that any and all necessary governmental approvals have been obtained or can be obtained by Tracy in order to permit Tracy to usc the City Land for Tracy's intended purpose. Tracy agrees that he shall promptly proceed to obtain such approvals. 8. Closing of Tracy Land and City Land. The Closing of this transaction contemplated by this Agreement between the parties for the exchange of the City Land and the Tracy Land shall occur simultaneously. 9. Closing. The scheduled date of closing will be April_, 2006 ("Date of Closing") unless the parties agree to an earlier date. The Closing will take place at the Monticello City Hall in Monticello, Minnesota, or at such other place as may be agreed to by the parties. Each party will deliver possession of the respective properties to the other on the Date of Closing. 10. City's Closing Documents. On the Date of Closing, City will execute and/or deliver to Tracy the following (collectively, "City's Closing Documents"), all in form and content reasonably satisfactory to Tracy. (a) Deed. A Warranty Deed conveying the City Land to Tracy, free and clear of all encumbrances, except the Permitted Title Exceptions as hereinafter defincd, and stating there are no wclls on the City Land. ]24098 2 ~IS (b) Title Policy. A pro forma Title Policy, or a suitably marked up Title Commitment initialed by the Title Company obligating the Title Company to issue the Title Policy to Tracy, in the form required by this Agreement. (c) Seller's Affidavit. A Minnesota Uniforn1 Conveyancing Blank Form No. 117-M Affidavit of Seller. (d) Non-Foreign Certificate. A non-foreign certificate, properly executed, containing such information as is required by Internal Revenue Code Section 1 445(b)(2) and its regulations. (e) IRS Form. A Designation Agreement designating the Title Company as the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. (f) Other Documents. All other documents reasonably determined by Tracy or the Title Company to be necessary to transfer the City Land to Tracy free and clear of all encumbrances. 11. Tracy's Closing Documents. On the Date of Closing, Tracy will execute and/or deliver to City the following (collectively, "Tracy's Closing Documents"), all in form and content reasonably satisfactory to City: (a) Deed. A Warranty Deed conveying the Tracy Land to the City, free of all encumbrances, except the Permitted Title Exceptions as hereinafter defined, and stating there are no wells on the Tracy Land. (b) IRS Form. A Designation Agreement designating the Title Company as the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. (c) Title Documents. Such aHidavits of Tracy, certificates ofreal estate value or other documents as may be reasonably required by Title Company (as hereinafter defined) in order to record the Deed and issue the Title Policy required by this Agreement. 12. Prorations. City and Tracy agree to the following prorations and allocations of costs regarding this Agreement: (a) Title Insurance and Closin!2: Fee. City and Tracy will each pay all costs of the Title Commitment for their respective properties. Tracy and the City will each pay the premium for a Title Policy and any additional premiums required for the issuance of any title policy that they may desire to obtain. City and Tracy will each pay Y2 of any reasonable and customary closing fee, escrow fee or charge imposed by the Title Company. 124098 " _J '-1 \0 (b) Deed Tax, City and Tracy will each pay all state deed tax, and the agricultural preservation deed tax, if any, for recording their respective Warranty Deeds to be delivered under this Agreement. (c) Recording Costs, City and Tracy will pay the cost of recording all documents necessary to place record title in the condition warranted by the City and Tracy in this Agreement. Each party will pay the cost of recording their respective Warranty Deeds and all other documents, (d) Real Estate Taxes and Special Assessments, (i) Prior Vears' Delinquent Real Estate Taxes and Delinquent Special Assessments, Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by the respective party for their property being transfer under this Agreement not later than the Date of Closing. (ii) Real Estate Taxes Pavable in the Vear of Closing. Real estate taxes for the City Land and Tracy Land payable in the year of Closing shall be prorated between the City and Tracy on a calendar year basis to the Date of Closing for their respective properties being transferred, Each party shall pay penalty, interest and costs on any delinquent installment oftaxes and special assessments payable in the year of Closing for their respective properties being transferred. (iii) Tax Statements. If tax statements for taxes payable in the year of Closing are not available on the Date of Closi ng, the an10unt to be used for Closing purposes shall be the prior year's taxes, (iv) Deferred Real Estate Taxes. Each party shall pay on Date of Closing or provide for payment of any deferred real estate taxes (including "Green Acres" taxes under Minn, Stat. S 273.111) payment of which is required as a result of the Closing and the recording of the respective Warranty Deeds. Provision for payment shall be by payment into escrow of 1.5 times the estimated payoff amount of the deferred taxes. (v) Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of Closing shall be prorated by the City and Tracy at Closing. (vi) Pending Special Assessments, The City and Tracy shall provide for payment of special assessments pending as of the date of this Agreement for improvements that have been ordered by the City or other 124098 4 \\ ]24098 governmental authorities for their respecti ve property being transferred except as provided herein. (vii) Deferrcd Special Assessments. The City and Tracy shall pay on the Date of Closing or provide for payment of any deferred special assessments on their respective property being transferred, payment of which is required as a result of the Closing of this Agreement and the recording of the respecti ve Warranty Decds. (viii) All Other Lcvied Special Assessments. The City and Tracy shall pay on the Datc of Closing all other special assessments levied on their rcspective property being transferred, as of the date of this Agreement subject to the tcrms of this Agreement. (ix) Taxes and Special Assessments in the Years Following Closing. Eaeh party shall pay real estate taxes payable in the years following Closing and thereafter and special assessments payable thercwith, the payment of which is not otherwise provided herein. (e) Attorneys' Fees. Each of the parties will pay its own attorneys' fees, cxcept that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the non-defaulting party in enforcing its rights regarding such default. 13. Title Examination. Title Exanlination will be conducted as follows: (a) Title Evidence. The City and Tracy will, as soon as possible after thc date of this Agreement, furnish the following (collectively, "Title Evidcnce") to thc other party for the property being transfcrred by them under this Agreement: (i) Title Commitment. A Commitment for Title Insurmlce issued by Title Company ("Title Company") including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending spccial assessments. (b) Title Objections. The City and Tracy shall have 10 business days after receipt of the Title Commitment from the other party to provide the other party with a copy of the Commitment and written objections. The City and Tracy shall be deemed to have waived any title objections not made within the 10-day period above, except that this shall not operate as a waiver of either party's covenant to deliver a Warranty Deed under this Agreement. (c) Title Corrections and Title Remedies. The City and Tracy shall have 60 days from receipt of written title objections by the other party to make title marketable for their rcspective property. Upon receipt of title objections, each party shall, 5 l~ within ten (10) business days, to notify the other of their intcntion to makc title marketable within the 60-day period. Liens or encumbrances for liquidated amounts that can bc released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by either party shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. (d) If notice is given and either party makes title marketable, then upon presentation to the other party of documentation establishing that title has been made marketable, and ifnot objected to in the same time and manner as the original title objections, the closing shall take place within tcn (10) business days or on the scheduled Closing Date, whichever is later. (e) If notice is given and either party proceeds in good faith to make title marketable but the 60 day period expires without title being made marketable, the other party may declare this Agreement void by notice, neither party shall be liable for damages hereunder to the other. (t) If either party does not give notice of intention to make title marketable, or if notice is given but the 60 day period expires without title being made marketable due to the other party's failure to proceed in good faith, the cxclusive remedy is rescission of this Agreement by notice as provided herein. (g) If title is marketable, or is made marketable as provided herein, and either party defaults in any of the agreements herein, the other party's exclusive remedy is to cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. 14. Condition of Property and Improvements. Other than the warranties and representations made in this Agreement, the City Land and Tracy Land are being sold "AS IS" and "WHERE IS" with no express or implied representations or warranties by either party as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. 15. Representations and Warranties. As of the date of this Agreement, the City and Tracy represent and warrant respectively as follows: (a) Authority. The City is duly formed and is in good standing under the laws of the State of Minnesota; the City has the requisite power and authority to enter into and perform this Agreement and the City's Closing Documents to be signed by it; this Agreement and such documents have been duly authorized by all necessary action on the part of the City and have been or will be as of the Closing Date, as applicable, duly executed and delivered; such execution, delivery and performance by the City of such documents do not cont1ict with or result in a violation of the City's governing documents, or any judgment, order, or decree of any court or arbiter to which the City is a party; such documents are valid and 124098 6 l~ 12409'1 binding obligations of the City, and are enforceable m accordance with their terms. (b) Title to I__and and Improvements. The City owns the City Land, free and clear of all encumbrances except the Permitted Title Exceptions. (c) Utilities. To the best of the City's knowledge, all water, sewer, and drainage facilities, and other utilities required for the use of the City Land by Tracy arc installed or will be installed, as hereinafter provided to the City Land. Tracy shall provide at his cost and expense all other utilities including, gas, electric and communication. To the best of City's knowledge, all utility lines serving the City Land are located within the boundaries of the City Land, within lands dedicated to public use, or within recorded easements for such purpose immediately adjacent to the City Land. (d) Taxes and Assessments. The City has not made any commitment to any governmental authority, utility company, school board, church or other religious body, homeowner or homeowner's association or any other organization, group or individual relating to the City Land which would impose an obligation upon Tracy or its successors or assigns to make any contributions or dedications of money or land, or to construct, install or maintain any improvements of a public or private nature as part of the City Land. No federal, state or local taxing authority has asserted any tax deficiency, lien, interest or penalty, special assessment or other assessment against the City Land or the City which has not been paid; and there is no pending audit or inquiry from any federal, state or local taxing authority or other matter relating to the City Land or the City of which the City has received notice which reasonably may be expected to result in a tax deficiency, lien, interest, penalty, special assessment or other assessment against the City Land or the City. (e) Hazardous Substances. To the best of City's knowledge, there have been no acts or occurrences upon the City Land that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the City Land. To the best of City's knowledge, the City I,and is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the City Land. (f) City's Defaults. To the best knowledge of City, City is not in default concerning any of its obligations or liabilities regarding the City Land. (g) Non-Foreign Status. The City is not a "foreign person," "foreign partnership," "foreign trust" or foreign estate" as those terms arc defined in Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereto. 7 ~o 124098 (h) Wells. The City does not know of any "Wells" on the described City Land within the meaning of Minn. Stat. S 1031. This representation is intended to satisfy the requirements of that statute. (i) Storage Tanks. To the best of City's knowledge, no "above ground storage tanks" or "underground tanks" within the meaning of Minn. Stat. S 116.46 are located in or about the City Land, or have been located under, in or about the City Land and havc subsequently been removed or filled. (j) Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. S 115.55, there is no "individual sewage treatment system" within the meaning of that statute on or serving the City Land. (k) No Litigation. The City has not received notice of (i) any actual or pending litigation or proceeding by any organization, person, individual or governmental agency against the City with respect to the City Land or against the City Land, (ii) any violation of the City Land's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, laws, rules or regulations, (iii) any condition, defect or inadequacy which, if not corrected, would result in the termination of: or increase in the cost of: insurance coverage, (iv) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legal requirements applicable to the City Land or any part thereof: or (v) any pending or threatened condemnation proceeding that would affect the City Land. (I) Boundary Line, Access, Restrictions and Lien Warranties. The City warrants that buildings on adjoining real property, if any, are entirely outside the boundary lines of the City Land. The City warrants that there is a right of access to the City Land from a public right or way. The City warrants that there has been no labor or material furnished to the City Land for which payment has not been made. Thc City warrants that there arc no present violations of any restrictions relating to the use or improvement of the City Land. (m) Miscellaneous. It is a condition of Closing that the representations and warranties contained in this Section 10 are true and correct at Closing. In the event that the City or Tracy learns that any of said representations or warranties becomes inaccurate between the date of this Agreement and the Closing Date, the City or 'I'racy will immediately notify the other party in writing of such change. If such change is adverse to Tracy, the City will then use its good faith efforts to cure such change after giving or receiving notice thereof as required herein. The Closing Date will be automatically extended in order to allow either party to cure such change. In the event the City and/or Tracy so cures such change, this Agreement will remain in full force and eflect. If either party is unable to cure such change, the other party may either (i) terminate this Agreement by written notice to the other and the parties will have no further rights or obligations 8 c~ , hereunder, except for those which expressly survive such termination, or (ii) waive such right to terminate and proceed with the transaction pursuant to the remaining terms and conditions of this Agreement. In the event either party elects option (ii) in the preceding sentence or in the event either party elects to close with the knowledge that a representation or warranty of the other party herein which was the subject of a notice pursuant to this Section IO(m) is untrue or incorrect, such representation and warranty will be deemed to be automatically amended to reflect said change. The representations and warranties contained in this Section 10 will survive the Closing, but terminate one year after the Closing Date, unless either party serves notice of a claim on the other party on or before the expiration of said one year period. The City and/or Tracy will indemnify each other, their successors and assigns, against, and will hold each other, their successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees and remediation costs, that the City and/or Tracy incur because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. (n) Authority. Tracy is a person; Tracy has the authority to enter into and perform this Agreement and Tracy's Closing Documents to be signed by him; this Agreement and such documents have been or will be as of the Closing Date, duly executed and delivered; such execution, delivery and performance by Tracy of such documents does not cont1ict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Tracy is a party; such documents are valid and binding obligations of Tracy, and are enforceable in accordance with their terms. (0) Title to Land and Improvements. Tracy owns the Tracy Land, free and clear of all encumbrances except the Permitted Title Exceptions. (p) Taxes and Assessments. Tracy has not made any commitment to any governmental authority, utility company, school board, church or other religious body, homeowner or homeowner's association or any other organization, group or individual relating to the Tracy Land which would impose an obligation upon the City or its successors or assigns to make any contributions or dedications of money or land, or to construct, install or maintain any improvements of a public or private nature as part of the Tracy Land. No federal, state or local taxing authority has asserted any tax deficiency, lien, interest or penalty, special assessment or other assessment against the Tracy Land or Tracy which has not been paid; and there is no pending audit or inquiry from any federal, state or local taxing authority or other matter relating to the Tracy Land or Tracy of which Tracy has received notice which reasonably may be expected to result in a tax deficiency, lien, interest, penalty, special assessment or other assessment against the Tracy Land or Tracy. (q) Hazardous Substances. To the best of Tracy's knowledge, there have been no acts or occurrences upon the Tracy Land that have caused or could cause 124098 9 '6d 124098 hazardous substanccs or petroleum products to be released or discharged into the subsoil or ground water of the Tracy Land. To the best of Tracy's knowledge, the Tracy Land is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencics or third parties arising from the release or threatened rclease of hazardous substances in, on, or about the Tracy Land. (r) Tracy's Defaults. To the best knowledge of Tracy, Tracy is not in default concerning any of its obligations or liabilities regarding the Tracy Land. (s) Non-Foreign Status. Tracy is not a "foreign person," "foreign partnership," "foreign trust" or foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended and the regulations promulgated thereto. (t) Wells. Tracy does not know of any "Wells" on the described Tracy Land within the meaning of Minn. Stat. 9 1031. This representation is intended to satisfy the requirements of that statute. (u) Storage Tanks. To the best of Tracy's knowledge, no "above ground storage tanks" or "underground tanks" within the meaning of Minn. Stat. 9 116.46 are located in or about the "rracy Land, or have been located under, in or about the Tracy Land and have subsequently been removed or filled. (v) Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. 9 115.55, there is no "individual sewage treatment system" within the meaning of that statute on or serving the Tracy Land. (w) No Litigation. Tracy has not received notice of (i) any actual or pending litigation or proceeding by any organization, person, individual or governmental agency against Tracy with respect to the Tracy Land or against Tracy, (ii) any violation of the Tracy Land's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, laws, rules or regulations, (iii) any condition, defect or inadequacy which, if not corrected, would result in the termination of, or increase in the cost of: insurance coverage, (iv) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legal requirements applicable to the Tracy Land or any part thereol~ or (v) any pending or threatened condemnation proceeding that would affect the Tracy Land. (x) Boundary Line. Access, Restrictions and Lien Warranties. Tracy warrants that buildings on adjoining real property, if any, are entirely outside the boundary lines of the Tracy Land. Tracy warrants that there is a right of access to the Tracy Land from a public right or way. Tracy warrants that there has been no labor or material furnished to the Tracy Land for which payment has not been made. 10 <63 Tracy warrants that there are no present violations of any restrictions relating to the use or improvement of the Tracy Land. (y) Miscellaneous. It is a condition of Closing that the representations and warranties contained in this Section 10 are true and correct at Closing. In the event that Tracy or the City learns that any of said representations or warranties becomes inaccurate between the date of this Agreement and the Closing Date, Tracy or the City will immediately notify the other party in writing of such change. If such change is adverse to the City. Tracy will then use his good faith efforts to cure such change after giving or receiving notice thereof as required herein. The Closing Date will be automatically extended in order to allow either party to cure such change. In the event Tracy and/or the City so cures such change, this Agreement will rcmain in full force and effect. If cither party is unable to cure such change, the other party may either (i) terminate this Agreement by written notice to the other and the parties will have no further rights or obligations hereunder, except for those which expressly survive such termination, or (ii) waive such right to terminate and proceed with the transaction pursuant to the remaining terms and conditions of this Agreement. In the event either party elects option (ii) in the preceding sentence or in the event either party elects to close with the knowledge that a representation or warranty of the other party herein which was the subject of a notice pursuant to this Section IO(m) is untrue or incorrcct, such representation and warranty will be deemed to be automatically amended to reflect said change. The representations and warranties contained in this Section 10 will survive the Closing, but terminate one year after the Closing Date, unless either party serves notice of a claim on the other party on or before the expiration of said one year period. Tracy and/or the City will indemnify each other, their successors and assigns, against, and will hold each other, their successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees and remediation costs, that Tracy and/or the City incur because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. 16. Conditions Precedent to Closing. The City and Tracy's obligations to proceed to Closing under this Agreement are subject to the following conditions precedent: (a) The City and Tracy will have performed and satisfied each and all of their respective obligations under this Agreement; (b) Each and all of the City and Tracy's representations and warranties set forth in this Agreement will be true and correct on the Closing Date; (c) Each party will deliver to the other the respective Warranty Deed and other necessary documents in a condition that enables the Title Company to deliver a Title Policy in accordance with this Agreement; and (d) All contingencies set forth in this Agreement are satisfied. 124098 11 q~ In the event any of the foregoing conditions are not satisfied on the Closing Date, neither the City nor Tracy will have an obligation to proceed to Closing and, unless the respective party delivers written notice to the other that they have waived any unsatisficd condition and will proceed to Closing, this Agreement, upon notice from either party to the other, will cease and terminate. 17. Additional Terms and Conditions. The City and Tracy agreed that this Agreement is further contingent upon the following terms and conditions: (a) City Sewer and Water. The City extending at no cost or expense to Tracy, City water and scwer to the City Land as shown on the attached Exhibit C ("Site Plan"). Tracy shall be responsible for all hookup Lees to the City along with the cost of installation from the City's water and sewer lines to the proposed building on the City Land. The City sewer and water lines will be installed by the City on or beforc the _ day of , 2006. (b) City Street. The City will install the City street from School Boulevard to the City water site as shown on Exhibit B at no cost to Tracy. The City will maintain the City street as a public street. (c) The City will provide Tracy with the option of being included in an area sign located near the intersection of School Boulevard and the drive serving the City Land when and if the City in the future allows a monument sign to be erected. Tracy would be obligatcd to pay a portion of the cost of the monument sign if and when erected. This commitment subject to city planning review via the Planned Unit Development process governing erection of off premis signs. (d) Tracy agrees to grade the City Land according to the grading plan attached hereto as Exhibit D at his sole cost and expense and to construct a building on the City Land according to the Plans and SpecifIcation prepared by and submitted to the City on the __ day of March, 2006. (e) Tracy shall not be charged any assessment relating to development of lateral utility and road improvements serving the City Land, However, Tracy shall be liable for all other standard costs and permits of the City relating to the development of the City Land and the construction of the proposed building. This to include trunk sanitary, water and storm sewer fees. 18. Mutual IndemnifIcation. The City will indemnify and hold Tracy harmless from all liabilities (including reasonable attorneys' fees in defending against claims) arising out of claims by third parties relating to acts or occurrences on, at or with respect to the City Land which occur prior to the Closing, unless such claims relate to acts by Tracy or his agents. Tracy will indemnify and hold the City harmless from all liabilities (including reasonable attorneys' fees in defending against claims) arising out of claims by third parties relating to acts or 124098 12 <(5S occurrences on, at or with respect to the Tracy Land which occur prior to the Closing unless such claims relate to acts by the City or its agents. 19. Restriction On Assignment I No Succession In Interest. Neither party may sell, assign, or convey, or enter into an agreement to sell, assign or convey that party's rights in this Agreement without the express written consent of the other party. Unless the express written consent is obtained, this Agreement is not binding upon the assigns of either party. 20. Survival. The warranties and representations contained herein will survive and be enforceable after the Closing. All ofthe other terms of this Agreement will survive the Closing. 21. Notices. Any notice required or permitted hereunder will be given if delivered by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, upon receipt requested, postage prepaid; or if transmitted by facsimile copy followcd by mailed notice; or if deposited cost paid with a nationally recognized overnight courier, properly addressed as follows: If to City: City of Monticello Attn: Rick Wolfsteller, City Administrator 505 Walnut Street, Suite I Monticello, MN 55362-8831 Telephone: 763-295-2711 Fax: 763-295-4404 With Copy to: Matthew K. Brokl, Esq. Campbell Knutson, P A 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Email: mbrokl(CVck-law.com Telephone: 651-452-5000 Fax: 651-452-5550 If to Tracy: Kevin Tracy Telephone: 763- Email: Fax: 763- Notices will be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party will start running one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten days before the effective date of such change. 124098 13 ~lo 124098 22. Miscellaneous. (a) CaPtions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agrcement and are not to be considered in interpreting this Agreement. (b) Entire Agreement Modification. This written Agreement constitutes the complete agreemcnt between the parties and supersedes any prior oral or written agreements between the parties regarding the City Land or Tracy Land. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. (c) Controlling Law. 'fhis Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. (d) No Waiver. Neither the failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder, nor any custom or practices of the parties at variance with the terms hereof constitutes a waiver of either party's right to demand exact compliance with the terms hereof ( e) Amendments. No amendment to this Agreement will be binding on either of the parties hereto unless such amendment is in writing and is executed by the party against whom enforcement of such amendment is sought. (1) Date for Performance. If the time period by which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal or bank holiday, then such time period will be automatically extended through the elose of business on the next regularly scheduled business day. (g) Recording. Neither party will record this Agreement or a short-form of this Agreement without the consent of the other party. (h) Counterparts. This Agreement may be executed in counterparts, in which case all such counterparts will constitute one and the same agreement; however, this Agreement shall not become binding upon any party unless and until executed (whether or not in counterpart) by all the parties. Telecopy or facsimile signatures by the parties will be regarded as valid and binding signatures of the parties, (i) Time of the Essence. Time is of the essence of this Agreement and every term and condition hereof. (j) Severability. This Agreement is intended to be performed in accordance with, and only to the extend permitted by, all applicable laws, ordinances, rules and 14 '67 regulations, and is intended, and will for all purposes be deemed to be, a single, integrated document setting forth all of the agreements and understandings of the parties hereto, and superseding all prior negotiations, understandings and agreements of such parties. If any term or provision of this Agreement or the application thereof to any person or circumstance is, for any reason and to any extent, held to be invalid or unenforceable, then such term or provision will bc ignored, and to the maximum extent possible, this Agreement will continue in full force and effect, but without giving effect to such term or provision. CITY OF MONTICELLO By: Clint Herbst, Mayor By: Rick Wolfsteller, City Administrator Kevin Tracy 124098 15 <6ts EXHIBIT A TRACY LAND (Legal Description) Real Property situated in the City of Monticello, County of Wright, State of Minnesota, and legally described as follows: 124098 16 1) (~ EXHIBIT B CITY LAND (Preliminary Plat of Jefferson Commons Second Addition) 124098 17 go EXHIBIT C Site Plan 124098 18 0.\ EXHIBIT 0 Site Grading Plan 124098 19 q'd, Council Agenda - 03/27/06 5G. Consideration of approval of bude:et for fiber optic consultant fees. (C.S., O.K.) A. REFERENCE AND BACKGROUND: In December, 2005, the Fiber Optic Task Force was authorized by City Council to prepare a Request for Proposal (RFP) for a feasibility study on fiber optics. As part of this process, Milda Hedb10m ofDain International Services has been serving as a technical consultant to the Task Force. Her expertise has proven to be invaluable in assisting the Task Force in researching and preparing the RFP and reviewing the responses. With her background and leadership in the telecommunications industry, Mi1da was the link that enabled the Task Force to produce a quality RFP for the feasibility study. The RFP was sent to about 30 companies and we received ten complete submissions. Member of the Task Force and city staffwilI be interviewing three companies the last week of March and will submit a recommendation to Council on April 10. When the budget was approved for 2006, it included $65,000 for the fiber optic feasibility study. However, there should have been an additional request for funding for professional services provided by Milda Hedb10m in assisting the Task Force with preparation of the RFP. We are asking that Council approve up to $ 10,000 for consultant fees for the three phases of the process. A copy ofthe estimated costs for the three phases is included with the supporting documentati on. B. ALTERNATIVE ACTIONS: 1. Approve a budget of up to $10,000 for consultant fees, which includes developing an RFP for a fiber optic study, reviewing submissions and serving on the interview team. 2. Do not approve a budget for consultant fees. C. RECOMMENDATION: It is the recommendation ofthe Fiber Optic Task Force and city staff to approve a budget of up to $10,000 for consultant fees for the fiber optic RFP. D. SUPPORTING DATA: · Estimate for services from Mi1da Hedblom, Dain International Services q3 Fiber Optics RFP Review Process The Monticello fiber optics project released its RFP in December, 2005. It Was expected that I would assist the project in the following ways during the RFP process. The assistance to the RFP process is separate and different from the work to be done within the terms of the Feasibility Study Project. The work to be done assisting the RFP Process is described below. Phase One: · Respond to applicant questions prior to their submissions to the City (9 hours) · Assist with scheduling of review process (1 hour) · Assist with face review of the proposals to help identify viable applicants (4 hours) Total hours: 14 @ $175 per hour :i>as50 This work Was completed from January 2 to March 1 and is invoiced. ********* ************** ******** Phase Two: Id- · Review RFPs prior to Review Team evaluation meeting ()O::. hours) · Assist with the meeting to review RFP proposals to identify interviewees (3 hours) · Assist with meeting to select interviewees (2 hours) · Prepare documents for interview process (1 hour) · Assist with interviews and contract award decision (9 hours) ;'7 ~ @ $175 per hour Total hours: 1> 'f7J.;- ~~.~eJ- q'i Phase Three: Contingent hours if needed. · Assist to negotiate contract with winning applicant (4 hours) · Act as liaison with winning applicant for contract work (4 hours) Total hours: 8 @ $175 per hour :?ltOD euh~~ Submitted by: Milda K. Hedblom Dain International Services q~ Council Agenda: 3/27/06 5H. Consideration to call for a special meetin2 of the Monticello City Council for April 10th, 2006 at 5:30 PM to review information relatine to the YMCA property. (JO) A. REFERENCE AND BACKGROUND Some months ago, a task force was asked by the City Council to explore options for working with the YMCA to preserve its approximately 1,100 acre Monticello property as a natural area for future public enjoyment and recreation. The task force members include Mayor Clint Herbst, Council member Wayne Mayer, and Wright County Commissioner Pat Sawatzke, supported by Monticello City and Wright County staff Subsequent to this authorization, the task force met on a few occasions, but progress in defining the future of the property paused, pending completion of an appraisal by the YMCA. Now that the appraisal is complete, the YMCA has expressed a desire to restart the discussion related to City acquisition ofthe property. The task force, led by staff and consultants, are in the process of compiling information and alternatives related to the purchase of the property for City Council review. It is proposed that this review occur at a special workshop tentatively planned for 5:30 PM on April 10th, 2006. The content or general outline of the workshop agenda can generally be found in the attached meeting minutes of a recent planning session conducted by City staff. During a recent task force meeting, members identified nine primary City goals in relationship to the potential acquisition of the YMCA property, which are intended to be the foundation of acquisition planning efforts. CITY GOALS 1. Provide a variety of recreational experiences 2. Preserve wilderness-style experience in pristine areas 3. Provide community sport field space 4. Preserve all water and shoreline areas, along with view to and from these areas 5. Create and environmental education space 6. Restore historical land cover where appropriate 7. Capitalize on City edge spaces adjacent to the acquisition area to create superior upper-end residential spaces 8. Analyze and provide appropriate access to use areas (motorized or non-motorized) 9. Connect facility to local and regional assets q~ Council Agenda: 3/27/06 The goals outlined by the task force will provide the direction for the development of workshop information and discussion of the following areas. · Concept Plans · Finance Program · Funding Sources · YMCA Coordination · Operation and Maintenance Research · Public Information Plan · Implementation Plan All of the task force members are looking forward to this important meeting and the opportunity to present research related to these topics. B. ALTERNATIVE ACTIONS: 1. Motion to call for a special workshop for 5 :30 PM on April 10th, 2006 for the pUrpose of reviewing information and options relating to preservation ofthe YMCA property for public use. 2. Motion to deny the request for a special meeting. C. STAFF RECOMMENDATION The task force and staff recommend alternative 1. The task force is striving to provide information for discussion on April 10th with the goal of submitting a letter of intent to enter negotiations with the YMCA for consideration at the regular meeting of the City Council on April 24th, 2006. D. SUPPORTING DATA YMCA Acquisition Task Force Minutes - 3/12/06 <1l MINUTES YMCA ACQUISITION KICKOFF MEETING MARCH 14,2006 Attendance Jeff O'Neill, City of Monticello Rick W olfsteller, City of Monticello Angela Schumann, City of Monticello Wayne Mayer, City Councilor Clint Herbst, Mayor Todd Hagen, Ehlers & Associates Stacie K vilvang, Ehlers & Associates Steve Grittman, NAC Anne Rexine, NAC Cassie Schumacher-Georgopoulos, NAC Marc Mattice, Wright County Parks Department Bret Weiss, WSB & Associates 1. Meeting Purpose O'Neill outlined the purpose of meeting, which was to set a plan for preparing information for the City Council in order to determine direction in regards to the potential acquisition ofthe YMCA property. 2. Background O'Neill provided a brief background on the project which included: · City Council is in strong support of preservation of the property for public use. · YMCA goals o YMCA needs cash from the sale of the property to finance important improvements or development of other facilities. o The YMCA day camp appears to be important to retain, however there have been mixed messages on this topic from the YMCA. I <10 . City goals for preserving the property: 1. Provide a variety of recreational experiences 2. Preserve Wilderness-style experience in pristine areas 3. Provide Community Ballfield Space 4. Preserve all water and shoreline areas - views to and from 5. Create Environmental Education space 6. Restore historical land cover where appropriate 7. Capitalize on City edge spaces adjacent to acquisition area to create superior upper end residential spaces 8. Analyze and provide appropriate access to use areas (motorized or non-motorized) 9. Connect facility to local and regional assets Mayer indicated that his position is that the City begin from the perspective that no development occur within the YMCA property. At the time that development becomes an issue in terms of funding, that goal could be redefined. Grittman clarified that the goal was intended to indicate that higher-end development on the adjacent edges of the YMCA property (not YMCA property itself) would be encouraged by the park preservation. Goal number 7 above has been modified to reflect that adjustment. O'Neill then provided the group with copies of a detailed outline of activities/concept issues that had been prepared at a previous meeting for attendees to review. 3. Deliverables and Plan Preparation O'Neill noted that the main purpose of the meeting is to define the items needed by the City Council to assist in their decision making. O'Neill explained that the items needed have been broken down into general assignments. . Concept Plans - Steve Grittman will lead the effort to develop concept plans. Such planning will include, and not be limited to, the summary of natural features, uses, encumbrances, infrastructure, access, trail & road improvements, recreation areas, adjoining land uses etc. . Finance Program - Rick Wolfsteller, Stacie Kvilvang and Todd Hagen will be responsible for providing options for funding the purchase. o This group will also be responsible for coordinating lease agreements and arrangements · O'Neill noted that the YMCA has offered to make a portion of the site available for development of ball fields ifthe City provides cash in an 2 QC\ amount equal to rental paid by farmer. It is estimated that the cost to preserve an area of the site as unplanted would cost approximately $2,000. Herbst noted that we should be able to establish the footprint for the active play area and complete site prep work in 2006 so fields could be playable in 2007. It was determined that O'Neill should contact Brian Kirk and indicate that the City would like to block planting of crops by paying the payment otherwise paid by the farmer. o YMCA Day camp · Negotiations on use of the park will need to consider YMCA wishes with regards to long term use of the facility as a day camp. · Other Funding Sources - O'Neill and Mattice will be doing additional research on potential Sources of funds for park acquisition. Such sources to include and are not limited to: · Park dedication fees · Trusts · Grants · County · Property sale · YMCA Coordination - A meeting will be set to gather further information. Members of the group to attend this meeting to include Clint Herbst, Wayne Mayer, Bret Weiss, Stacie Kilvang, Rick W olfsteller and Jeff O'Neill. It was noted that development of a financing plan will require additional information regarding YMCA needs. Group will refine monetary requirements/timing etc., based on information provided by the YMCA. It was determined that O'Neill will send a letter to the YMCA with pertinent questions as a precursor to a meeting to be scheduled in the near future with YMCA representatives. · Operation & Maintenance Research - Mattice will be responsible for collecting operations and budget information on similar facilities operated by Wright County and/or other park agencies. Mattice will be contacting Larry Nolan to assist in this effort. The goal of the effort is to provide general information regarding potential budget implications for various types of uses and to identify possible management/operations arrangements. The information collection effort will be focused on assisting with establishment of the organizational structure for operating the combination of uses proposed at this facility. O'Neill will be obtaining budget information for operating the park at the current level of use and activity. · Public Information Plan - O'Neill and Schumann to put together information regarding the proposed acquisition to keep policy makers and citizens in touch with accurate and timely information on the project. 3 \00 · Implementation Plan - Coordinated by O'Neill, the final section of the material provided to the City Council should include the road map identifying important milestones that must be achieved in the effort to acquire a the property and operate as a regional park. 4. Schedule O'Neill provided an updated schedule relating to the project. March 9th March 14th March 2ih March 2ih March 29th April 5th April 10th April 24th Site Visit (COMPLETED) Kick Off Meeting & Assignment of tasks (COMPLETED) County Board Meeting (O'Neill and Mattice) Tentative: YMCA meeting to refine monetary needs/timing Progress meeting Deliver materials to Jeff Joint Council/Park Commission Council consideration of authorization formal negotiations/ memo of understanding Other meetings to be determined by team leaders. 4 )0 I 51. Consideration of Resolution Declarinl! intent to Reimburse Proiect Costs through Bond Sale Proceeds. (R. W.) Council Agenda - 3/27/06 A. REFERENCE AND BACKGROUND IRS regulations now require that before a city can issue bonds to reimburse itsclf for expenses it has already paid through a bond sale, a resolution needs to be passed indicating which projects the city will likely sell bonds for in the future. This resolution is simply a technical requirement required by the bond counsel. The resolution being proposed covers the improvement project for Cedar Street and Dundas Road that are currently underway or will be started in the near future. This resolution will allow the City to finance any of these improvements in the future by selling bonds. Adoption of the resolution is not authorizing a bond sale at this time. B. ALTERNATIVE ACTION 1. Adopt a resolution declaring intent to reimburse expenditures to the proceeds of bond covering the various projects outlined. 2. Do not authorize the resolution. c. STAFF RECOMMENDA TION It is the recommendation of the City Administrator that the resolution be adopted as proposed, thus enabling the City to sell bonds to finance the various improvement projects listed, if desired, in the future. D. SUPPORTING DATA Copy of resolution. 10d. RESOLUTION 2006-19 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF MONTICELLO TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. S 1.150-2 providing that proceeds oftax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO (THE "CITY'~ AS FOLLOWS: 1. The City reasonably intends to make expenditures for the projects described in Exhibit A (the "Projects"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Administrator is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the Council at the earliest practicable date and shall be filed with the official books and records ofthe City as provided in Section 3. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. S 1.150-2 and any successor law, regulation, or ruling. Adopted by the City Council this 27th day of March, 2006 Clint Herbst, Mayor ATTEST: Rick W olfsteller, City Administrator \0) Resolution No. 2006-19 Page 2 DATE OF DECLARATION 3/27/06 EXHIBIT A TO OFFICIAL INTENT RESOLUTION ADOPTED MARCH 27, 2006 Cedar Street from Chelsea Road to Dundas Road and Dundas Road from Cedar Street to Edmonson Avenue MAXIMUM PRINCIPAL AMOUNTOF DEBT FOR-PROJECT $1,300,380 I 0 \,~ Council Agenda: 3/27/06 5J. Consideration of a request for a Rezonine: from PZM to B-3 and consideration of a re uest for a Zonin Text Amendment to allow a Tie Sales and Service as a Conditional Use Permit in the PZM District. Applicant: Kean of Monticello. A. REFERENCE AND BACKGROUND The applicants have asked the City Council to consider tabling of this item for an additional length of time due to potential client negotiations. B. ALTERNATIVE ACTIONS Decision: Rezoning from PZM to B-3 Zoning Amendment allowing Minor Auto Repair in the PZM District by Conditional Use Permit. 1. Motion to table action on the request for rezoning from PZM to B-3 and action on the request for a zoning text amendment for Kean of Monticello, at the request of the applicants. 2. Motion of other c. STAFF RECOMMENDATION Staff recommends alternative I above, under the condition that the applicant provide a formal letter of application withdrawal or notice of intent to proceed with request by April 10th, 2006. 1 J 0 5 Council Agenda: 3/27/06 SL. Consideration of Sendine Representatives to Conference on Establishment of Performance Measurements and Reportine. A. REFERENCE AND BACKGROUND: Development of methods for measuring service and establishing performance standards is key to operation of an organization that is achievement driven and dedicated to providing the public with an ongoing and consistent system for accounting for the cost to provide services. Developing a systematic method for measuring service and cost will provide the City Council and citizens important information necessary for making budget and operation decisions. City Council is asked to consider authorizing the Personnel Committee to send one or more representatives to a two day conference in Mason City Iowa on June ih and 8th. The conference features three themes; · Developing a performance measurement system. · Methods of involving citizens/clientele in performance measurement. . U sing performance measurement in decision making. The cost of the conference is relatively inexpensive. There is no registration fee because the cost to put on the conference is funded by a grant from the Sloan Foundation. Cost will involve travel, motel and meals for participants. The goal for City representatives will be to identify a few communities of similar size to Monticello that have established performance measures and get first hand information regarding these programs for possible implementation by city staff in conjunction with the 2007 budget setting process. The hope is that we can develop an efficient administrative process for measuring output and cost.. B. ALTERNATIVE ACTIONS: 1~ Motion to authorize the Personnel Committee to send one or more representatives to the Conference on performance measurement and reporting. 2. Motion to deny authorization to send one or more representatives to the Conference on performance measurement and reporting. C. STAFF RECOMMENDATION: The City Administrator and Deputy Administrator recommend alternative 1. Attendance at this conference could provide a great first step in development of a system for establishing performance measurements so that the City can track performance over time. .. The information is critical to determine degree of improvements or degradation in /0 lc Council Agenda: 3/27/06 efficiency over time by service provided. Performance measures are also crucial for goal setting and for improved accountability and thus enhancing public trust. D. SUPPORTING DATA: Meeting notice. \0--' DEVELOPING A NETWORK OF REGIONAL PERFORMANCE MEASUREMENT & REPORTING PROFESSIONALS AND CITIZENS As expectations for performance measurement and results have swept the nation, many state and local employees are faced with the task of reporting performance and results and are required to do sowith little or no prior training or Support from their colleagues. There is no professional association for state and local performance measurement officials. As perfonnance measurement becomes the basis for government accountability and in many cas~s public budgeting, an ongoing information and support mechanism has become more crucial. Some cities and states have strongly advocated citizen involvement in choosing their per- formance measures; other professionals can learn from these eff(lrts and implement such initiatives within theirown organizations. Non-governmental organizations and citizens will play an integral part in this process as they connect with performance measurement andreporting professionals to share their ideas and concerns about performance measure- ment and reporting. The goal of this event is to encourage and establish a professional net- work between performance measurement and reporting professionals and citizens where an exchapge of ideas and experiences can take place. EXPECTA nONS: Professionals will be asked to come prepared to share their successes aDd lessons learned in performance measurement and reporting, as well as their experiences in engaging citizen input when choosing specific measures and reporting results. Profes- sionals willalso be asked to bring examples of their measures, data, and reports to share with colleagues and citizens. We ask citizens to come prepared to share their experiences and what isimpOliant to them concerning performance measurement and reporting. A~El'lDA: An evening networking reception will kick ofT the event, introduced by an agenda..settingpresentation. The next day will offer roundtable sessions and luncheon key- note sp~aker Barbara Cohn of the National Center for Civic Innovation. There will be three themesfortheroundtable discussions; developing a performance measurement system, methods of involving citizens/clientele in performance measurement and reporting, and usingperformanee measurement in decision making. COSl'::There is no registration fee, hotel and some meals are included (on your own for June 7dinner).Additional charges to hotel rooms will be at your own expense. REGISTRA TION: Please return your registration form as soon as possible. The State of Iowa will be making hotel reservations as registrations are received. DO NOT MAKE YOlJROWN HOTEL RE'SERVATIQN. There are limited seats, a waiting list will be av<\i1able. PA~:rNERS: IowaDepartment of Management, State of Minnesota, Iowa League ofCit- ies, Leiilbweof Minnesota Cities, Iowa State Association of Counties, Association of Mil1nesota Counties, and the Public Policy and Administration Program at Iowa State Univ(;tSity. THE COST OF THIS INAUGURAL EVENT IS SUPPORTED BY A GRANT FROM THE SLOAN FOUNDATION. WHERE: Mason City Holiday Inn 210 14th St. SW Mason City, IA WHEN: .JUNE 7-8 (Wedncsday- Thursday) LODGING ARRANGEMENTS WILL BE MADE BY THE IOWA DEPT. OF MANAGEMENT REGISTRA TION DEADLINE: APRIL 2 J , 2006 LIMITED SEATING A WAITING LIST WJLLBE AVAILABLE DIRECT QUESTIONS TO: SARAH SCHILLERSTROM 515-281-5201 schilI29@iastate.edu /D g DEVELOPING A NETWORK OF REGIONAL PERFORMANCE MEASUREMENT & REPORTING PROFESSIONALS AND CITIZENS Registration Information (please print) Name Title ,g~Q~Q.i~~~ion <:;i.ty . State Code Telephone (business) E:-Mail (Required for~pnfirmation) Registration Deadline: April 21, 2006 Cancellation Deadline: May J 2,2006 Attendance Indicate the days you will be attending this event: ----' Wednesday June 7 (Reception 5-7 pm) _ Thursday June 8 (All Day) _ Wednesday and Thursday (June 7 and 8) Hotel Reservations _I am requesting a hotel reservation be made under my name for June 7. I understand that if I am unable to attend I must notify Sarah Schiller- strom (schiU29@iastate.edu) of my cancellation before May 12, or I will be charged a $45 fee. ------'-'-- [will notbe staying overnight and do not require a hotel reservation. Send This Form To: Jowa Dep~rtment ofMallilgcment StateCapitollloom 12 1007 E. Grand Attn. Sllrllh Sdlillcrstnml Des ~1()ines,.lA 50319 Ph.> (515) 281-5201 OR Fax '1'0: AUII: Sarah Sdlillcl'strom (515) 2/H-4001 THE COST OF THIS INAUGURAL EVENT IS SUPPORTED BY A GRANT FROM THE SLOAN FOUNDATION. WHERE: Mason City JloIiday Inn 2 I 01 4th St. SW Mason City, IA WHEN: .HJNE 7-8 (Wcdncsdav- Thursday) LODGING ARRANGEMl:NTS WILL BE MADE BY THE IOWA DEPT. OF MANAGEMENT REGISTRA TION DEADLINE: APRIL 21, 2006 LIMITED SEATING A WAITING LIST WILL BE AVAILABLE DIRECT QUESTIONS TO: SARAH SCHILLERSTROM 515-281-5201 schill29@iastate.cdu )OC\ City Council Agenda - 03/27/06 SM. Consideration of a Consideration of a request for a Conditional Use Permit for an Amendment to Planned Unit Development for Open and Outdoor Storae:e and for Outdoor Sales and Display in a B-3 (Hie:hwav Business) District and for Additional Used AutomobiJe/Lie:ht Truck Sales & Displav. Applicant: Walt's Pawn and Bare:ain Center (NAC) A. REFERENCE AND BACKGROUND The applicant is seeking Conditional Use Pennit approval to amend an existing PUD for outdoor storage and outdoor display related to the operation of a retail facility that includes Second Hand Goods, Pawn, and Automobile Sales. The site is approximately 1.2 acres in area, and includes an existing building of approximately 4,130 square feet of floor area. Of that building, the applicant indicates that only a portion of the building (1,156 square feet) is utilized for retail sales area, with the remainder being used for storage. The applicant's request has been amended from the original application to reflect the requirements of the ordinances, including the following; · 1,080 square feet of Outdoor Display of garden and lawn equipment, contractor equipment, and motor sports toys in front of the building, adjacent to Highway 25. · Outdoor display of vehicles, boats, and trailers and machinery, for up to 21 items, according to the site plan. · 2,750 square feet of Outdoor Storage, in back of the building, adjacent to the Marvin Road right of way. The zoning ordinance makes the following requirements for the proposed uses; a. Retail store parking (Section 3-5 [H] 17); 1 parking space per 200 square feet of building floor area. b. Landscaping (Section 3-2 [G]: The ordinance requires at least one tree per 50 feet of site perimeter, and that all spaces not utilized for building or required parking be landscaped in accordance with this section. c. Automobile Sales (Section 13-4 [D]): Building of 5% of lot area; Sales area is paved; Lighting is not directly visible from the street; Display area does not take up required parking space; Signing, Drainage, other requirements consistent with Zoning Ordinance regulations. d. Outdoor Storage (Section 13-4 [E]): Does not take up area for required parking; Sales area is grassed or surfaced; Lighting is not directly visible from street. e. Outdoor Display (Section 13-4 [F]): Maximum 30% of floor area of principal building; Does not take up area for required parking; Sales area is grassed or surfaced; Lighting is not directly visible from street. 1 \ \0 City Council Agenda - 03/27/06 The site plan has been modified to comply with these requirements. These are summarized as follows: Parking. The building requires a minimum of9 parking spaces. The site plan shows 9, spaces, all of which have been located to comply with the required parking setback of 5 feet. In addition, a portion of the paved area adjacent to Marvin Road extends onto the right of way. Landscaping. The site complies with the landscaping requirement of the zoning ordinance. At least 15 trees are required by the landscaping ordinance. As now drawn, 16 trees have been provided. Automobile Sales. The building appears to meet the requirements for this section. However, sales area is not permitted to occupy required parking. The applicant will need to ensure that the designated parking spaces are reserved for parking and not display. Outdoor Storage. The storage area appears to meet the requirements of the CUP standards. The applicant has proposed chain link fencing with slats to serve as the required screening. In other applications in the area (e.g. Monticello Auto Body; Enterprise Car Rental) the City has required a wood fence to screen the storage area, rather than chain link with slats. A full landscape screen could possibly serve to mitigate a chain link fence for this purpose. As with the Automobile Sales note, some ofthis area may be necessary for required parking. Outdoor Disolav. The ordinance limits display area to 30% of the building size. This requires that no more than 1,230 square feet of display area may be permitted. The site plan has been revised to comply with the requirements for display area. The site is a part of an existing PUD that was most recently affected by the occupation of the adjoining building by Gould's Body Shop and Automobile Sales. At that time, the property owner submitted a plan which shows a "lease line" allowing Gould's to occupy a portion of the parcel on which Walt's Pawn is located. As a result of this lease, and the PUD granted for it, the Walt's property has limited area on which to park vehicles. Previously, the Walt's site was occupied by indoor activities, primarily office and retail. B. ALTERNATIVE ACTIONS Decision 1: Conditional Use Permit for an Amendment to Planned Unit Development for Open and Outdoor Storage and for Outdoor Sales and Display and for Additional Used Automobile/Light Truck Sales & Display for Walt's Pawn and Bargain Center 1. Motion to approve the Conditional Use Permit PUD, based on a finding that the applicant has complied with each of the applicable requirements for the use as specified in the zoning ordinance. 2. Motion to deny the Conditional Use Permit PUD, based on a finding that the application fails to comply with ordinance requirements related to parking, setbacks, landscaping, and Outdoor Display area. 2 \ \ \ City Council Agenda - 03/27/06 3. Motion to table action of the CUPIPUD, pending submission ofa revised site plan demonstrating compliance with zoning regulations. C. STAFF RECOMMENDATION Staff recommends the CUPIPUD as now proposed. For PUD, the City must find, and the applicant must show, that the flexibility granted from zoning regulations is justified by higher design and site amenities. While this site does not comply with the common understanding of PUD, due to building quality and the use of the site, staff recommends the project as shown, to provide for reasonable use until the property is redeveloped. The Hwy. 25 corridor is the City's most intense commercial area, and has been the focus of a significant amount of commercial development and investment in the past two years. Some of this commercial development is occurring directly across Highway 25 from the subject site The City has enforced its parking standard and setbacks, landscaping requirements, and Conditional Use Permit requirements for several new commercial developments along Highway 25, as well as for the automobile dealers along Chelsea Road. It is expected that in the near future, this site will become a desired location for new development, which will upgrade the development quality of the site. The applicant has modified the proposal to comply with the basic requirements of the zoning ordinance, without numerous changes to the general site improvements. The property should be made to conform to the standard minimum zoning regulations if a more intense use is to be made of it, consistent with the standards routinely applied to other commercial development in the City. D. SUPPORTING DATA A. Aerial Image B. Applicant Request Narrative - Revised C. Site Plan - Revised D. Interior Retail Floor Area Calculation E. Item Minutes from 2/7/06 Planning Commission Z. Exhibit Z - Conditions of Approval \ \ ~ 3 1: 2: 3: 4: J-D): b1.5: ,~: 7: 8: 9: 10: 11: Co () Walt's Monticello Pawn, Gun, and Bargain Center is requesting to use portions of the property located at 1219 s Hwy. 25 Monticello MN 1. Outside sales and display of vehicles, boats, trailers and machinery. It is proposed that no more than 25 of these in any combination would be for sale at one time. These would primarily be displayed along the curb-facing highway 25 and also on the northwest side of the building and the south side of the property using 4140 sq. Ft. 2. Walt's Monticello Pawn, gun and Bargain Center is also requesting to use 3082 sq. ft. For outside display and sales of garden and lawn equipment, contractor equipment and motor sports toys for sale. 85% of our business is derived from sales of such type of new and used equipment. These types of items are put out in the moming and brought back inside in the evening. We have been selling these types of items at this location for about a year under the apparent misunderstanding that the current conditional use permit is still in effect. 3. Outside fenced storage: It is our intention to include outside storage as an accessory use. Walt's proposes to erect a chain link fence at height of7 ft. 6 in around the wcstem perimeter of building to store items too large for indoor storage. The chain link fence would contain slats for screening and be encompassing approximately 2750 sq. Ft. Walt's MonticeIlo Pawn and Bargain Center is seeking the conditional use permit for new and used automobile, light truck and motor sports sales as is consistent with the b-3 zoning district. The sales and display are consistent with prior approvals and appears to meet al1 requirements of the zoning ordinance. The fol1owing are the dimensions of square footage of each area for clarification: 6 ~- 9x20 Display slots; total .~ Sq. Ft- Bituminous i tJ "? 0 f 'f; F l' 4- 9x20 Display slots; Total 720 Sq. Ft. Bituminous 4- 9x20 Display slots; Total 720 Sq. Ft. Grass '7 J- 9x20 Display Slots; Total J-.il.4&Sq. Ft. Concrete 73..Qv~Equaling ~Total Sq. Ft. Bituminous -g:~M E'lu~Jill~ ~?.11 TntH] Sq--Pt. ~i.,. 9 ~-9x20 Parking Spaces Totaling l.4..:JJJ, Sq. Pt. Concrete Nonparallel outside storage Totaling 2750 Sq. Ft. Building 4008 Total Sq. Ft. Entire parcel equals 40,246.3436 Sq. Pt. In which Gould Bros. Occupies WaIt's Pawn, Gun, and Bargain Center Occupies 51,647.4336 Total Sq. Pt. /2.. (;O st-rT /2-'10 5>Cp fT It, ).. 0 S' q,. fT /7- I R ErA. I L <.) A L E5 / / ') (; 5" 9,. · fT. Thank you in advance, WaIt's Monticello Pawn and Bargain Center Cc mclu f~'~"'.'" .. MAR i ~ 2006 H~ \ CJ\ \ \ \ / / 9G '88 \ \ \ I / , , M '\ ...... . ') 2005 , , hhM i) , I / \ ~~ I" . ...... , I ...q- , / - \ 0 ...... I -"' , / , \ / , , ~ \ I / ~ <., C, I ~ OC \ [d fJ , , \ ~ ~ \ \ \ ~ ~ \ \ -----.-" \ , ..... \ .:::' / ~\ .'i I. ',I f/ .~i VVHWnln~ rr1S0dO~d > " , , i , '>0 M ~ \):l t~ \J .... '~ ' - " , ~ L, R.. ~-t.. \r) \n '-!) ~ \.n, ........... --- ~ .-...--.... l-.... l.U <"J l'.. ~ ~ ::;-": ............. ~ ,.I \ .---"~--_."'"-- '~q- t\,~AR "'I '.' 7006 ~'J'I B . tJ - I \ ~ Planning Commission Minutes 02/07106 11. Public Hearing - Consideration of a request for a Conditional Use Permit for and Amendment to Planned Unit Development for Open and Outdoor Storal!e and for Outdoor Sales and Displav in a B-3 (Hi?:hwav Business) District and for Additional Used Automobile/Lil!ht Truck Sales & Display. Applicant: Walt's Pawn and Bargain Center Grittman reviewed the staffreport relating to the request, explaining that the Commission had most recently reviewed an amendment to PUD for the Gould Auto facility. ill this request, the applicant is seeking an amendment to address activities relating to the southern building, formerly occupied by Fastenal. Grittman referred to the applicant's site plan, stating that it includes a number of elements. He stated that the applicant is requesting an outdoor display area over 2500 square feet, to be used for the display of lawn and garden equipment, contractor equipment and motorsport items. The applicant is also requesting 25 spaces for the outdoor display of vehicles, boats, trailers and machinery. Additionally, the applicant has requested approximately 3975 square feet of Outdoor Storage area in the rear of the building. Gritiman stated that the property is subject to a number ofrequirements in relationship to these requests. Parking requirements identified by code require 1 space per 200 square feet of building area. Grittman relayed that Auto Sales is limited to 5%, of the lot area, with a paved sales area. Additionally, the sales and storage areas cannot take up the required parking space. Grittman noted that outdoor storage areas are required to be surfaced or grassed, with no lighting directly visible from the street. Grittman explained that Outdoor Sales uses are allowed for up to 30% of the square footage of the principal building, subject to required parking area. Grittman stated that because of the number of proposed uses, the site plan doesn't comply with a number of the noted requirements. Based on calculations for the building size, the applicant is required to supply 19 parking spaces. Grittman stated that the plan shows only 8 spaces. Grittman stated that the remainder of what would be parking area is occupied by display space. He also noted that there is a lack oflandscaping on site. He indicated that while the Auto Sales use as noted is allowed, and appears the size meets requirements, the applicant is still short of parking. Essentially, the applicant needs to reconcile the sales areas with the parking supply on the site. ill regards to the Outdoor Storage use, Grittman stated that there is a screening issue. The applicant is proposing a chain link fence with slats. Grittman noted that for commercial areas, the City has often required wood as part of the screening component of the CUP. Finally, Grittman reported that the Outdoor Storage use is limited to 30% of the gross floor area of the principal use. In this case, the applicant would be allowed 1200 square feet maximum. In considering the PUD, Grittman stated the past uses of the site were retail and office uses. With the additional outdoor uses, it appears that site cannot comply with the ordinance relating to the additional uses. Therefore, Grittman stated that staff is not recommending approval at this time. Suchy asked about the parking requirement based on building size. She inquired whether the calculation could be based on what the uses within the building are. Grittman stated that if staff could look at floor plan, the calculation would differentiate between retail space versus mechanical or storage spaces. Hilgart inquired who the PUD was granted to. Grittman stated that it was granted to the \\ '\ Planning Commission Minutes 02/07106 property owner and most recently reviewed through the Gould request. This applicant occupies property included within the existing PUD. Dragsten explained that car sales were not approved for this building under that PUD. A PUD was used because of shared parking and access between the two lots. Hilgart asked if the PUD was approved based on having cars outside. Grittman stated that original PUD allowed indoor uses for this lot, with required customer and employee parking as applicable to each lot within the PUD. Dragsten asked whether the Gould's PUD amendment covered only changes made to the northern half. Grittman confirmed that the Gould PUD items related specifically to their portion of the site. Suchy asked if the outdoor storage issue is different as it applies to General Rental or Moon Motors in terms of zoning. O'Neill stated that they have both of those site have a CUP for Open and Outdoor Storage, but to the extent that they are complying is a separate enforcement issue. Suchy stated that when approving Gould, the City approved the PUD based on 25 spaces. She stated that when she visited the site, there were many more. O'Neill commented staff would try to review that, but noted that enforcement resources were somewhat limited at this point. Chairman Dragsten opened the public hearing. Tim Bell addressed the Commission as the representative for Walt's Pawn & Gun. Bell stated that they had worked with the City to try to find out what they were doing wrong, and what needs to be changed. He stated that Mr. Thompson has been working on this application for a year and keeps getting turned down. Bell stated that they would like this to be approved, within the conditions outlined within the zoning ordinances. Bell responded to staffs comments, stating that Gould was supposed to be taking care ofa portion ofthe landscaping. He noted that there are some existing trees and that bushes will be placed along chain link fence area. Bell indicated that the biggest concern seems to be the parking. He commented that the applicant is currently only using a 37' x 50' area of the building for display. Based on that calculation, they only need 8-9 spaces. Dragsten asked if the 8 spaces are along the Highway 25 side of the building. Bell replied that they are along the south side of the building. Bell noted that they may need to be shifted to meet the 5' spacing requirement. He stated that they could also add parking along the north side of building. Dragsten inquired about the use of the area along Highway 25. Bell replied that the area is proposed to be the display area for new and used 4-wheeler and lawn equipment. Bell stated that in terms of asking them to scale down the display area, they can do that now with the information from the staff report. He stated that they could bring the display area down to 1240', or 30%. Bell stated that apparently they meet the other outdoor storage requirements, except for the chain link fence. He commented that wood requires a lot of maintenance and repair and isn't secure. Dragsten asked if they would be willing to install screening. Bell stated that the only part that wouldn't be screened would be what faces Gould. Bell commented that they have 1600 of building display area; the rest of the area is storage within the building. So, in his view, the only thing they aren't in compliance with, with just a few \ \ t Planning Commission Minutes 02/07/06 minor changes, would be landscaping. Dragsten asked for clarification on parking. Grittman stated that if a floor plan is provided, staff can rerun the parking calculation. Dragsten inquired if they are willing to comply with landscaping requirements. Bell asked if shrubbery can qualify for meeting landscaping requirements. Dragsten stated that staff would give credit for what applies within the code. Dragsten asked if they are willing to comply with the additional recommended items. Bell stated that they do need the highway frontage exposure for their display area. Dragsten stated that the while the Commission doesn't want to obstruct allowable outdoor sales, it has to meet code requirements. Dragsten stated that the automobile sales discussion may be moot, pending parking calculations. Randal Thompson, owner of Walt's Pawn and Gun, addressed the Commission, stating that in addition to these parking spaces, there are other parking areas. Bell noted that the City is looking for designated customer and employee parking. Bell stated that they could turn in a floor plan as requested and that with a few minor changes, he stated that he feels they could meet requirements. Thompson stated that realistically, he is looking to be able to put goods out for sale. He stated that most of the building is used for storage. Dragsten indicated that staff and the applicant would need to review the square footage of sales area, the additional and existing landscaping additional and existing, the parking calculations, and the outdoor storage area. Thompson stated that they are asking for exemption to keep the chain link fence without landscaping on north, and that they have no problem reducing down to 1200 square feet on display area. O'Neill stated that there should be no parking on grassy areas. Bell stated that they are not proposing to have cars in the grassy area. He indicated that area would be for boats, and trailers. Grittman stated that in that case, all of those display areas would go against the 1200' of allowable storage. Thompson asked if he took out the automobile sales area, if they would be allowed to store items in the grassy area. Grittman answered that the trailers still can't be on the grassy area. Dragsten stated that perhaps they applicants should come back once the adjustments are made. Bell stated that they have had trouble getting answers from staff. Dragsten stated that the Commission wants to move this forward. O'Neill commented that we have a good start and that this is the best level of information, received so far, so staff can zero in on what would be allowable. O'Neill stated that the Commission can table the item, or give stafflatitude to go forward to City Council after resolving some of these issues with the applicant. Dragsten replied that he would like to see it come back. Thompson asked for temporary approval. Bell commented that the main issue is to work with ordinance in terms of what's proposed. Drasgten stated if it moved forward, it wouldn't be a final approval, it would just be a recommendation with direction to work with staff. Grittman confirmed it would have to go to Council. O'Neill stated that any existing outdoor storage is in violation of the ordinance at this point. Thompson stated that he believes they could have this ironed out within a few days. O'Neill stated the critical point will be the amount of sales area. . Suchy stated that she would like to see the applicant work with staff. Bell confirmed that they \ \ C\ Planning Commission Minutes 02107/06 could have up to 1200 square feet of storage area in various locations without a variance. Tim Buster, representative for Walt's Pawn & Gun, inquired whether the automobile area is separate from outdoor display area and the vehicles and licensed automotive. Grittman stated that staff would need to look at the ordinance. O'Neill noted that if automotive, it needs to be paved. Bell re-stated that they would need a variance to go beyond the allowable square footage. Grittman noted that a hardship finding would be required for a variance. Hearing no further comment, Chairman Dragsten closed the public hearing. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROY AL OF THE CONDITIONAL USE PERMIT FOR AMENDMENT TO PUD, BASED ON A FINDING THAT THE APPLICANT WILL COMPLY WITH EACH OF THE APPLICABLE REQUIREMENTS FOR THE USE AS SPECIFIED IN THE ZONING ORDINANCE AND TO DETERMINE WHAT AREAS CONSTITUTE AUTOMOBILE SALES AND THE CONDITION THAT THEY APPLICANT WILL NOT GO OVER 1280 SQUARE FEET OF DISPLAY AREA. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 4~0. Dragsten directed the applicant to work with staff to move forward to the City Council. \'d-O City Council Agenda - 03/27/06 Exhibit Z Conditions of Approval Walt's Pawn & Bargain Center 3/27/06 · A maximum of 1,080 square feet of Outdoor Display area for garden and lawn equipment, contractor equipment, and motor sports equipment in front of the building, adjacent to Highway 25, is allowed as shown of the site plan submitted March 13,2006. · Outdoor display of vehicles, boats, and trailers and machinery, for a maximum of21 items is allowed as shown on the site plan submitted March 13th, 2006. · 2,750 square feet of Outdoor Storage, in back of the building, adjacent to the Marvin Road right of way be allowed as shown on the site plan submitted March 13th, 2006. · The applicant will sign the designated parking spaces for reserved customer and employee parking. · No outdoor sales or display is to occur in the 9 required customer/employee parking areas. · Other conditions as recommended by the City Council during the meeting of March 2i\ 2006. 4 \ d- \ Council Agenda: 3/27/06 5N. Consideration of approvine contributions made to the Monticello Fire Department. (R W) A. REFERENCE AND BACKGROUND: The Land of Lakes Choirboys has made a $1,000 contribution to the Monticello Fire Department to go towards the purchase of a larger cutting tool for the jaws of life. B. AL TERNATIVE ACTIONS: 1. Approve the contribution and authorize use of funds as specified by donor. 2. Do not approve the contribution and return the funds to the donor. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and the Finance Department to approve accepting the contribution. D. SUPPORTING DATA: None. \ d,':;}- Council Agenda? 3/27/06 50. Consideration of approvin~ purchase a~reement with Cory Kinebav - Outlot C in Jefferson Commons. (RW) A. REFERENCE AND BACKGROUND: With the recent action by the Council to extend the time frames for Cory Kingbay to purchase Outlot C of Jefferson Commons, the Council is now asked to approve the development agreement and purchase agreement that outlines the minimum requirements for the first building and sets the date for the sale of the property. This item was tabled at the February 27, 2006 meeting to allow Mr. Kingbay an opportunity to review and comment on some of the language in the purchase agreement. The agreement has been prepared by our City Attorney and the following are the basic conditions and time frames that are recommended for this sale. . Mr. Kingbay will be required to purchase the entire parcel at an estimated cost of $2,122,121 or $7.00/squarc foot. The exact final price will depend on final square footage of the parceL . Closing must occur by August 13,2006. . By August 1, 2006, the developer has to submit plans for construction of a retail center consisting of at least a 14,000 square foot building meeting our building construction standards which include brick, stone or stucco exterior. . Developer must obtain a building permit by September 13, 2006 for construction ofthe minimum improvements. . In addition to the purchase price of the property, the buyer will be responsible for the construction of a sidewalk along School Boulevard the entire length of their property as the property develops and will also be responsible for assessments for decorative street lights in the amount of $27.09 per front foot and construction of a sidewalk or be assessed for the sidewalk at the $24 per front foot and will assume a traffic signal assessment in the amount of $9,600.00. . The agreement also specifies that if the developer defaults in not purchasing the property by August 13th or does not obtain a building permit by September 13,2006, or does not submit construction plans by August 1,2006, the City can terminate the agreement and the buyer loses his escrow funds of $20,000. Provisions are not included in this agreement that require the developer to construct any other buildings on the property by a specific time, other than the initial retail center must begin construction by September 13, 2006. Other than the initial requirement to build a retail center once the sale is closed and the property is purchased, the City would have difficulty in not allowing portions of the property to be sold \d-? Council Agenda? 3/27/06 to other parties. We always have authority over conditional use permits and types of construction that are allowed, but controlling who owns the property once it is sold is hard to enforce. B. ALTERNATIVE ACTIONS: 1. Council could approve entering into the purchase agreement extension and development agreement as outlined. 2. Modify agreement terms and conditions. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the development agreement and purchase agreement be approved as modified and prepared by our City Attorney. The property needed by Muller Theater for their expansion has been deleted from this purchase agreement and will be sold separately to Mike Muller in the near future. The agreement provides for reasonable time frames for Mr. Kingbay to complete the purchase and begin construction or the Council can terminate the agreement. D. SUPPORTING DATA: Copy of development agreement. * *Have not received a response from the City Attorney on the status of the agreement. If the development agreement is not received by the agenda deadline, the Council may wish to table the item \ ~ '--\ CONTRACT FOR PRIVATE DEVELOPMENT MONTICELLO, MINNESOTA THIS AGREEMENT, made on or as of the _day of ,2006, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation (the "City") and CKP DEVELOPMENT GROUP, LLC, a Minnesota limited liability corporation, (the "Developer"). WITNESSETH: WHEREAS, as of the date of this Agreement there has been a proposal that the City approve the sale to the Developer of a portion of Outlot C, Jefferson Commons, Wright County, Minnesota, which property is legally described in Exhibit "A" attached hereto (the "Property"), consisting of approximately 6.97 acres; WHEREAS, Developer has agreed to immediately develop the most easterly portion of the lot for at least a 6,000 square foot one level steel and masonry restaurant, with fourteen to sixteen feet clear interior height (the "Project"). Fifty percent of the facade of the building will consist of brick, block, and/or cultured stone; and WHEREAS, the City believes that the Project and fulfillment generally of this Agreement is in the best interest of the City and the health, safety, morals and welfare of the residents of the City of Monticello. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: \ dS ARTICLE I. DEFINITIONS In this Agreement, unless a different meaning clearly appears from the context: "Agreement" [or "Contract"] means this Contract for Private Development by and between the City and the Developer, as the same may be from time to time modified, amended or supplemented. "Articles and Sections" mentioned by number only are the respective Articles and Sections of this Agreement so numbered. "City" means the City of Monticello, Minnesota. "County" means the County of Wright, Minnesota. "Deed" means the Limited Warranty Deed to be executed by the City conveying the Property to the Developer. "Developer" means CPK Development Group, L.L.C., or any assigns that have received prior written approval from the City. "Event of Default" means an action by the Developer listed in Article VII of this Agreement. "Minimum Improvements" means at least a 14,000 square foot retail strip center, with an exterior fac;ade consisting of fifty percent brick, block, and/or cultured stone, and a fourteen to sixteen feet clear interior and appurtenant improvements thereto constructed on the Property. "Minimum improvements" includes sidewalk, driveways, walks and parking fixtures and equipment to be installed by the Developer, in accordance with all applicable local, state and federal regulations governing such facilities, and in conformance with site plans as the same have been submitted to the City. "On-Site Public Improvements" means the public improvements to be completed by the Developer with respect to the Property pursuant to Section 4.2 of this Agreement. "Parties" means the Developer and the City. "Party" means either the Developer or the City. "Project" means the Property and the completed Minimum Improvements thereon. "Property" means that portion of Outlot C, Jefferson Commons consisting of approximately 6.97acres legally described on the attached Exhibit "A" attached hereto. "Purchase Price" means the sum of Seven and nolI 00 Dollars ($7.00) per square foot as 123612.02 2/22/06 2 Id-~ governed by the survey, which, assuming the Subject Property consists of 303,613.20 square feet, the Purchase Price would be an amount equal to Two Million One Hundred Twenty-five Thousand Two Hundred Ninety-two and 40/100 Dollars ($2,125,292.40) which the Developer shall pay the City for the Property. "State" means the State of Minnesota. "Unavoidable Delays" means delays outside the control ofthe Party claiming its occurrence which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, Acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. Unavoidable delays shall not include delays in the Developer's obtaining permits or governmental approvals necessary directly to enable construction of the Minimum Improvements. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties by the City. The City represents and warrants that: (a) (b) (c) (d) (e) 123612.02 2/22/06 The City is a public body corporate and politic duly organized and existing under the laws of the State. Under the provisions of the Act and the laws of the State, the City has the power to enter into this Agreement and carry out its obligations hereunder. Except as otherwise provided in this Agreement, the City makes no representation or warranty, either express or implied, as to the Property or its condition or soil conditions thereon, or that the Property is suitable for the Developer's needs except as specifically set forth in this Agreement. Subject to satisfaction of the terms and conditions of this Agreement, the City will convey the Property to the Developer for development in accordance with the terms of this Agreement. The City has not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the Property. The City has no knowledge that the Property has any conditions that are protected by federal or state law such as American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical structures or materials, or archeological sites. The City knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation neither of any law, nor of any above ground storage tanks or underground storage tanks having been located on the Property at any time. 3 l (?)-f (f) The City warrants and represents to Developer that to the City's knowledge there have been no acts or occurrences upon the Property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the Property or other property in the area. The City represents and warrants to Developer that to City's knowledge the Property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. City shall indemnify and hold Developer harmless from any and all claims, causes of action, damages, losses, or costs (including lawyer's fees) relating to hazardous substances or petroleum products in the subsoil or ground water of the Property which arise from or are caused by acts or occurrences upon the Property prior to Developer taking possession. These warranties and indemnifications shall survive the delivery of the Deeds for a period of one year following the delivery of the Deed. (g) City knows of no wetlands, flood plain, or shoreland on or affecting the Property, except as shown on plans delivered to Developer. (h) City's warranties and representations contained in this Section shall survive the delivery of the Deeds, provided that any notice of a defect or claim of breach of warranty must be in writing, and must be given by Developer to City within one year of the actual Date of Closing or be deemed waived. (i) Developer shall have the right to have inspections of the Property conducted prior to closing. City does not plan to have the Property inspected. Other than the representations made in this Section, the property is being sold "AS IS" with no express or implied representations or warranties by City as to physical conditions or fitness for any particular purpose. Section 2.2. Representations and Warranties by the Developer. The Developer represents and warrants that: (a) Developer is a Minnesota limited liability company duly organized and in good standing under the laws of the State, is not in violation of its organizational documents, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its officers. (b) When the Property is conveyed to the Developer, the Developer will construct, operate and maintain the Minimum Improvements upon the Property in accordance with the terms of this Agreement, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Minimum Improvements will be constructed by the Developer, at its sole expense, in such manner, and at such expense as are necessary to make the Property usable by the Developer, including all such improvements as are 4 123612.02 2/22/06 1 ;)-0 (e) (1) 123612.02 2/22/06 necessary to make said facility comply with all applicable federal, state and local rules, regulations, ordinances and laws. The Developer will use its best efforts to obtain, in a timely manner, all required permits, licenses and approvals and to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. The City will cooperate to expedite the processing of any application filed with the City by the Developer. The City does not hereby warrant or represent that it will approve an application filed by Developer, except as expressly provided in this Agreement. The Developer will cooperate with the City, and the City will cooperate with the Developer with respect to any litigation commenced with respect to the Property or the Minimum Improvements. (g) The Developer will construct the Minimum Improvements on the Property in accordance with the plans approved by the City. (h) Neither the execution and delivery ofthis Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with, or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound or constitutes a default under any of the foregoing. (i) Developer has the ability to pay for or to obtain financing for the construction of the Minimum Improvements and the public improvements it is obligated to construct pursuant to this Agreement. G) Whenever any Event of Default occurs and if the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten (10) days of written demand by the City, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. (k) The Developer will indemnify, defend, and hold harmless the City, its officers, employees, contractors, and agents from and against any and all claims or causes of action arising or purportedly arising out of the actions of the Developer, its employees, contractors or agents in connection with the construction, installation, ownership or operation of the Minimum Improvements, including costs and reasonable attorneys fees, except for claims or causes of action which arise by reason ofthe gross negligence or intentional misconduct of the City, its officers, employees, contractors and/or agents. 5 \ifC{ ARTICLE III. CONVEYANCE OF PROPERTY Section 3.1. Status of Property. Subject to the satisfaction of the terms and conditions ofthis Agreement, the City agrees to sell the Property to the Developer and the Developer agrees to purchase the Property from the City in "as-is" condition. The City agrees to convey the Property to the Developer by limited warranty deeds. Section 3.2. Conditions Precedent to Conveyance of the Property. (a) The City's obligation to convey the Property shall be subject to the satisfaction of, or waiver in writing by the City of, all of the following conditions precedent: (i) Prior to Closing, the City obtaining a lot split of Outlot C or replatting the portion of Outlot C, Jefferson Commons to be conveyed to the abutting theater property; (ii) The Developer not being in default under the terms of this Agreement; and (iii) The Developer shall have submitted to the City and the City shall have approved Construction Plans for the Minimum Improvements pursuant to Article IV of this Agreement In the event contingencies the City's contingencies are not performed, satisfied or waived prior to closing, then the City, at its option, by notice given to Buyer, may terminate this Agreement. (b) The Developer shall be obligated to accept title to the Property subject to satisfaction, or waiver in writing by the Developer, of the following conditions precedent: (i) The City obtaining a lot split or replatting of the portion of Outlot C, Jefferson Commons to be conveyed to the abutting theater property for the newly created Property substantially as graphically depicted on the attached Exhibit "A" prior to Closing. (ii) The City not being in default under the terms of this Agreement; (iii) Developer's approval of the environmental condition of the Property; (iv) Developer's approval of the condition of the soil for the construction of the Minimum Improvement; and (v) Developer determining that City water and sewer are available to the Property and that the water pressure is adequate to sprinkler the 123612.02 6 2/22/06 130 building( s); (vi) Substantial construction of School Boulevard abutting the Property, providing adequate access to the Property from Deegan Avenue. In the event that Buyer's contingencies are not performed, satisfied or waived prior to Closing, then Buyer, at its option, by notice given to the City, may terminate this Agreement. For purposes ofthis subsection, upon termination, Buyer shall be entitled to refund of its Earnest Money, only if the City failed to satisfactorily perform or satisfy contingencies 3.2(b)(i), (ii). Section 3.3. Purchase Price. The purchase price for the Property shall be the sum of Seven and no/l 00 Dollars ($7.00) per square foot and shall be payable by Developer to City as follows: (a) Twenty Thousand Dollars ($20,000.00) earnest money ("Earnest Money"), previously deposited with City, to be applied against the Purchase Price. The Earnest Money shall be returned to the Developer in the event of refusal of the City to perform its obligations under this Agreement. Developer's sole remedy if City refuses to perform its obligations shall be to have the Earnest Money returned. (b) The Purchase Price for the Subject Property on the Closing Date, subject to the adjustment set forth in Subsection (c) below. (c) The actual square footage of the Property shall be determined by the City's survey used for the lot split or to plat the Property. Section 3.4. Closing. (a) The Closing (the "Closing") shall be at a location designated by the City, and shall occur on August 13,2006 ("Closing Date"). At Closing, the City shall convey Property to the Developer through the execution and delivery of the Deed and all other documents reasonably required by Developer and the Title Company. (b) The Developer shall take possession of the Property upon execution and delivery of the Deed by the City at closing. (c) At the closing, the City shall execute, acknowledge and deliver a Limited Warranty Deed ("Deed") for the applicable portion of the Property conveying marketable title of record, subject to: (I) Building and zoning laws, ordinances, state and federal regulations; (2) Restrictions relating to use or improvement of the Property without 123612.02 2/22/06 7 13) effective forfeiture provision. (3) Reservation of any minerals or mineral rights to the State of Minnesota. (4) Easements, covenants, restrictions and reservations of record; (5) Terms of the Agreement between the City and Muller Family Theatres, LLC dated July 13, 2004. (6) The terms of this Agreement, including the right of reverter; (7) Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Developer and accepted by Developer. (8) Exceptions to title approved by Developer in writing. (9) Conditions or restrictions required by the City for approval of the lot split re-plat of Outlot C, Jefferson Commons creating the Property. (e) At closing, closing costs shall be paid as follows: (1) City's Costs: City shall pay the following at closing: (i) Document preparation costs, recording fees, and deed taxes for documents necessary to establish good and marketable title in Seller. (ii) Document preparation costs for City's Deed, Contract, Certificate of Real Estate Value, Seller's affidavit, Well Disclosure Certificate (if required), and any other documents necessary to transfer good and marketable title by City's deeds. (iii) Deed tax on City's deed. (iv) One-half ofthe closer's fee. (2) Developer's Costs: Developer shall pay the following at closing: (i) Document filing fee for a Well Disclosure Certificate, if applicable. (ii) Recording fee for Deed, Contract or other instrument of conveyance where Buyer is the grantee. If a mortgage is filed, any recording fee for filing the mortgage, the mortgage registration tax and the conservation fee attributable to said mortgage; (iii) Pending City fees, if applicable (iv) One-half ofthe closer's fee. (v) Title insurance premiums. (vi) Road costs required under Section 3.6(c). 123612.02 8 2/22/06 I~d Section 3.5. Title. (a) Title Commitment. To demonstrate that City's title is good and marketable of record, within twenty days after acceptance of this Agreement, City shall furnish Developer with a Commitment for an Owner's Policy of Title Insurance including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Developer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide City with written objections. Developer shall be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of City's covenant to deliver a statutory Deed and Contract. If Developer obtains title insurance, Developer is not waiving the right to obtain a good and marketable title of record from City. (b) Title Corrections and Remedies. City shall have 120 days from receipt of Developer's written title objections to make title marketable. Upon receipt of Developer's title objections, City shall, within ten (10) business days, notify Developer of City's intention to make title marketable within the 120-day period. Liens or encumbrances for liquidated amounts that can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by City shall be reasonable, diligent and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. (1) (2) (3) (4) (5) 123612.02 2/22/06 If notice is given and City makes title marketable, then upon presentation to Developer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. If notice is given and City proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Developer may declare this Agreement void by notice to City, neither party shall be liable for damages hereunder to the other, and all Earnest Money shall be refunded to Developer. If City does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to City's failure to proceed in good faith, Developer's exclusive remedy is rescission of this Agreement by notice as provided herein, in which case all Earnest Money paid shall be refunded to Developer. If title is marketable, or is made marketable as provided herein, and Developer defaults in any of the agreements herein, City's exclusive remedy is to cancel this Agreement as provided by statute and retain all payments made hereunder as liquidated damages. If title is marketable, or is made marketable as provided herein, and City defaults in any of the agreements herein, Developer's exclusive remedy is rescission of 9 I ~ 3 this Agreement by notice as provided herein, in which case all Earnest Money paid shall be refunded to Developer. (c) The City certifies that it does not know of any wells on the property. (d) The City certifies that it does not know of any individual on-site sewage treatment systems on the property. (e) At closing, the City shall supplement the warranties and representations in this Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Seller. The City's Affidavit shall include the City's representation that no encumbrances have been placed on the property since the date of this Agreement, except any encumbrance contemplated hereunder. Section 3.6. Charges and Assessments to be Paid by Developer. (a) The Developer shall be responsible for payment, at closing, of all City trunk fees to be assessed against that portion of the Property acquired by Developer in connection with the platting process. (b) The Developer shall be responsible to pay, prior to obtaining a building permit for the Minimum Improvements, all charges and fees identified herein, and other charges and assessments as may be imposed, such as (but not limited to) the following: (i) water and sewer connection charges; (ii) building permit fees; and (iii) erosion control fees. (c) One-half of the road costs paid by Muller Family Theatres of Monticello, LLC ("Muller"), for the road constructed along the boundary common to Outlot C and Outlot G, Jefferson Commons, pursuant to the July 13,2004 Agreement between Muller and the City. ARTICLE IV. CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements on the Property in accordance with construction plans approved by the City, (the "Construction Plans") and will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof in good repair and condition. 123612.02 2/22/06 10 1311 (a) Construction Plans. (1) On or before the August 1,2006, the Developer shall submit to the City a site plan for the Property and the Construction Plans for the Minimum Improvements on the Property. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Site Plan, and all applicable state and local laws and regulations. The City and/or the City Engineer shall approve the Construction Plans in writing if, in the reasonable discretion ofthe City and/or City Engineer: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, state and local law, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for the construction ofthe subject Minimum Improvements; (iv) the Construction Plans do not provide for expenditures in excess ofthe funds which will be available to the Developer for the construction of the Minimum Improvements; and (v) no Event of Default has occurred and is continuing. No approval by the City and/or City Engineer under this Section 4.2 shall relieve the Developer ofthe obligation to comply with the terms ofthis Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. No approval by the City and/or City Engineer shall constitute a waiver of an Event of Default. The City and/or City Engineer shall review the Construction Plans within thirty (30) days of submission of a complete set of Construction Plans and either approve the same or provide Developer with a list of specific required changes to be made to the Construction Plans. Upon making the specific changes to the Construction Plans as required by the City and/or City Engineer, the Developer shall submit the Construction Plans with the required changes to the City Engineer for approval and if Developer made the required changes, the Construction Plans shall be approved. (2) If the Developer desires to make any material change in any Construction Plans after their approval by the City and/or City Engineer, the Developer shall submit the proposed change to the City Engineer for the City Engineer's approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 ofthis Agreement with respect to such previously approved Construction Plans, the City and/or City Engineer shall approve the proposed change and notify the Developer in writing of its approval. (b) Time for Construction of Minimum Improvements. The Developer shall obtain a building permit and commence construction of the Minimum Improvements on the Property on or before September 13, 2006, subject to Unavoidable Delays, the Developer shall substantially complete construction ofthe Minimum Improvements, except for landscaping; exterior matters such as final lift of asphalt, striping, etc.; and minor "punch list items", on or before March 1, 2006 for Minimum Improvements. (c) Construction Requirements. In constructing the Minimum Improvements, the Developer shall comply with all federal, state and local laws and regulations. 123612.02 2/22/06 11 ) 3~) ARTICLE VI REAL EST ATE TAXES AND SPECIAL ASSESSMENTS 5.1. Payment. At closing, taxes shall be paid as follows: (a) Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. There are no delinquent real estate taxes payable in years prior to the year of Closing on delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing. (b) Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of Closing shall be prorated between City and Developer on a calendar year basis to the Date of Closing and Developer shall assume installments not paid at Closing. (c) Deferred Real Estate Taxes. City shall pay on Date of Closing or provide for payment of any deferred real estate taxes (including "Green Acres" taxes under Minn. Stat. ~ 273.111) payment of which is required as a result of the Closing of this sale and the recording of the Deed and the Contract. (d) Assessments. The following assessments shall be assumed and paid by the Developer at the time of closing on the Lot to be platted from the Property: Trunk Highway 25 signal assessments $9,600.00 Sidewalk on School Boulevard $24.00/per front foot Street Lights on School Boulevard $27.09/front foot ( e) Pending Special Assessments. Deferred Special Assessments or Other Levied Special Assessments. Except as otherwise identified under this Agreement, there are no other pending special assessments as of the date of this agreement. (f) Taxes and S ecial Assessments in the Years Followin Closin . Developer shall pay real estate taxes payable in the years following Closing and thereafter and special assessments payable therewith, the payment of which is not otherwise provided herein for the Property. ARTICLE VI Events of Default Section 6.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: (a) Failure by the Developer to pay when due any payments required to be paid under this Agreement or to pay when due ad valorem taxes on the Property. 12 123612.02 2/22/06 (b) Failure by the Developer to commence, diligently pursue and complete construction of the Minimum Improvements, or portions thereof, pursuant to the terms, conditions and limitations of this Agreement. (c) Failure by Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (d) The Developer does any of the following: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under United States Bankruptcy Laws or any similar federal or state laws; or (ii) make an assignment for the benefit of its creditors; or (iii) admit, in writing, its inability to pay its debts generally as they become due; or (iv) be adjudicated, bankrupt or insolvent. ( e) If any warranty or representation by the Developer in this Agreement is untrue in any material respect. Section 6.2. City's Remedies on Default. Whenever any Event of Default by Developer referred to in Section 6.1 of this Agreement occurs, the City may take anyone or more of the following actions and unless otherwise provided such actions may be taken only after providing thirty (30) days written notice to the Developer of the Event of Default and the Event of Default has not been cured within said thirty (30) days or, if the Event of Default is by its nature incurable within thirty (30) days, the Developer does not provide assurances to the City reasonably satisfactory to the City that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. (b) Terminate this Agreement; (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to the City to collect any payments due or damages arising under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 6.3. Revesting Title in City Upon Happening of Event Subsequent to Conveyance to Developer. In the Event that subsequent to the execution and delivery of a Deed the Developer shall fail to complete construction of the Minimum Improvements in conformity with this Agreement and obtain a Certificate of Completion and such failure shall not be cured within thirty (30) days after written notice to do so, or within a reasonable amount of time thereafter if Developer is diligently proceeding with the construction of the Minimum Improvements, then the City shall have the right to immediately re-enter and take possession of the Property and terminate (and revest in the City) the estate conveyed by the Deed to the Developer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to 123612.02 2/22/06 13 I''?lu the Developer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Developer and failure on the part of the Developer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor the City of the title, and all of the rights and interests in and to the Property conveyed to the Developer, and that such title and all rights and interests of the Developer, and any assigns or successors in interest to and in the Property, shall revert to the City. Section 6.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 6.5. Attorneys' Fees. Whenever any Event of Default occurs and either the City shall employ attorneys or incur expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, the Developer agrees that it shall, within ten (10) days of written demand by the City pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City; provided, that the Developer shall only be obligated to make such reimbursement if the other party prevails in such collection or enforcement action. ARTICLE VII. ADDITIONAL PROVISIONS Prohibitions Ae:ainst Assienment and Transfer: Indemnification Section 7.1 Representation as to Redevelopment. Developer represents and agrees that the Property will be used for the construction of the Minimumhnprovements and not for speculation in land holding. Section 7.2 Prohibition Aeainst Transfer of Ownership Interests: Bindine: Upon Developer. Developer represents and agrees that prior to the City's Issuance ofthe Certificate of Completion ofthe On-Site Public hnprovements Developer has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form with respect to this Agreement or the Property or any part thereof or any interest herein or therein, without the prior written approval of the City. Section 7.3 Release and Indemnification Covenants. (a) Except for any misrepresentations or any negligent conduct ofthe following named parties, Developer releases from and covenants and agrees that the City and its respective governing body members, officers, agents, servants and employees thereof shall not be liable for 123612.02 2/22/06 14 .-) )3 and agrees to indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Construction Plans, Minimum hnprovements, and On-Site Public hnprovements. (b) Except for any willful misrepresentation or any willful misconduct of the following named parties, Developer agrees to protect and defend the City, and their governing body members, officers, agents, servants and employees thereof, now or forever, and' further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever, excluding Developer, arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum hnprovements or On-Site Public Improvements. (c) The City and its governing body members, officers, agents, servants and employees thereof, shall not be liable for any damage or injury to the persons or property of the company or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum hnprovements due to any act of negligence of any person other than the City or the governing body members, officers, agents, servants or employees thereof. (d) All covenants, stipulations, promises, agreements and obligations ofthe City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Section 7.4. Restrictions on Use. The Developer agrees for itself and its successors and assigns and every successor in interest to the Property, or any part thereof, that the Developer and such successors and assigns shall devote the Property to, and only to, and in accordance with, the uses specified in the City Code. Section 7.5. Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Project or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested. No member, official or employee of the City shall be personally liable to the Developer or any successors in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 7.6. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 7.7 Notices and Demands. Except as otherwise expressly provided in this 123612.02 2/22/06 15 )37$ Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally; and (a) In the case of the Developer, is addressed or delivered personally to: (b) In the case of the City, is addressed or delivered personally to: City Administrator City of Monticello 505 Walnut St. Suite #1 Monticello, MN 55362 Telephone: (763) 295-2711 with a copy to the City Attorney at: Andrea McDowell Poehler CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 (c) Either Party may, upon written notice to the other Party, change the address to which such notices and demands are made. Section 7.8. Time is of the Essence. Time is of the essence for all provisions of this Agreement. Section 7.9. Disclaimer of Relationship. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner or joint venture between the City and the Developer. Section 7.10. Covenants Running with the Land. The terms and provisions of this Agreement shall be deemed to be covenants running with the Property and shall be binding upon any successors or assigns of the Developer and any future owners or encumbrancers of the Property. Section 7.11. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 7.12. Law Governing. This Agreement will be governed and construed in 16 ) ':) C~ 123612.02 2/22/06 accordance with the laws of Minnesota. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf, and the Developer has caused this Agreement to be duly executed in its name and behalf, on or as ofthe date first above written. CITY OF MONTICELLO By: Its Mayor By: Its City Administrator CPK DEVELOPMENT GROUP, LLC By: , President ] 23612.02 2/22/06 17 I L\ C) STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of , 2006, by and , the Mayor and City Administrator, respectively, of the City of Monticello, Minnesota, a Minnesota municipal corporation, on its behalf. Notary Public STATEOFMINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of , 2006, by , the President of CPK Development Group, LLC, a Minnesota limited liability company, on behalf of the corporation. Notary Public DRAFTED BY: CAMPBELL KNUTSON, P.A. 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 123612.02 2/22/06 18 \ ~ \ EXHIBIT" A" LEGAL DESCRIPTION OF PROPERTY: Outlot C, Jefferson Commons, Sherbourne County, Minnesota, according to the plat thereof, Except that portion of Outlot C to be included in the plat of Jefferson Commons Second Addition as depicted in the Preliminary Plat of Jefferson Commons Second Addition. Legal to govern. \ 4"~ Council Agenda: 3/27/06 7. Public Hearin~ on adoptin!! an ordinance chanein~ the street name in the plat of Otter Creek Crossin!! 1 sl Addition.(R W) A. REFERENCE AND BACKGROUND: In February the Council approved a modification to the transportation system plan that would have a future alignment of School Boulevard through the YMCA property as shown on the attached drawing. As a result of this modification that portion of School Boulevard in the plat of Otter Creek Crossing 1 SI Addition needs to be changed from School Boulevard to Dalton Avenue. As part of the process, a public hearing has been called for so that the Council can address any concerns the property owners may have. Mailed and published notice has been given as required by statute. B. AL TERNATIVE ACTIONS: 1. Move to adopt an ordinance changing the street name in the plat of Otter Creek Crossing 1 sl Addition from School Boulevard to Dalton A venue as shown on the attached map. 2. Move not to adopt the ordinance effecting the street name change. C. STAFF RECOMMENDATION: The City Administrator and Building Official recommend Alternative #1 as it will bring the streets in the Otter Creek Crossing 1 st Addition into conformance with the County's grid system. D. SUPPORTING DATA: Map \ l\'; " ... ,,~ \ ... ..l'"'" /\ 4..'.'.....'.':". ~. ......'.:'.....:.~... . . .'.. \ : ' ;:' , .;: if . .. 'I" ',.,,' _'f ~ 701 Xenia Avenue SOuIlI, Suite 300 'D Mllmeapofls, MN 56416 g _.wsbeng,com SCHOOL BLVD. ALIGNMENT * ~A;)N ;1::> : : ~ WS8 Pfojocl Na,l<leH2 FEBRUARY 15,2008 .. 7U$I'_, r.. /'83.6a1,'1OO INFRASllIUCTIJRE ENGlNEERI<<l F'lANIlING CONS~ Figure Number \ "-\ "--~ K'101488.92\Cad\ExhibitsIAG _8X 11.dwg 'SM,-s5 Council Agenda: 3/27/06 8. Public Hearine on vacation of a portion of the draina~e and utility easement in the plat of Otter Creek Crossin~ 1st Addition. (R W) A. REFERENCE AND BACKGROUND: Earlier in the agenda, the Council considered the approval of the plat of Otter Creek Crossing 2nd Addition. There is a drainage and utility easement in the portion of Otter Creek Crossing 1 st Addition that is being platted as Otter Creek Crossing 2nd Addition. To keep things clean for the title company, the City generally vacates existing easements and acquires any needed easements with the new plat. The City is required to conduct a public hearing prior to the vacation of any easements. The City has provided mailed and published notice of the proposed vacation. B. AL TERNATIVE ACTIONS: 1. After conducting the public hearing, the Council may determine to vacate the existing drainage and utility easements as described on the attached document contingent upon any needed easements being part of the approved final plat for Otter Creek Crossing 2nd Addition. 2. The Council could determine not to vacate the easements. C. ST AFF RECOMMENDATION: Since the city will be receiving replacement easements with the replat of the property, it would seem logical that the existing easement be vacated so that the City can proceed with the replatting of the property. D. SUPPORTING DATA: Map of easement area to be vacated. \ '--l S .-- -- \ SURVEY LINE ........ ~ -1-~~ ~~. O. .~~ ~(j) V".. '3 v-g...ro cP.. 0 0 .. ,.... tJl .z. THREAD OF - OTTER CREEK 24:t \ 3 15 -~ - " ~ -~,........ " 16"E ',:.....S... , "- " 2388--::- \ . " ',\ '53' 44"E -- ,," 255.87 N85.45' 24"E \ \ \ ----- ------,-'\--- '... " --- ~ _::: ---;;7 DRAINAGE AND UTILITY EASEMENT en ()l i ..'.'."". 3l: mO (DO '0 :!O NO o Z OUTLOT B l (,) t I \. "- S'o 01' v); ); IX A, ('-1' It-~ . V 5t 5t S C 0"); \9. 7 /;J ^ f:' ^ .;:> f"'I ...? '> ORAPIDC SCALE .~ ~ EX DRAINAGE AND UTILITY TO BE VACATED SQFT=13,472 A WSB _~fi.:' 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 vvww. wsbeng.com 1627-24 3/9/2006 Drainage and Utility Easement Vacation Otter Creek Crossing 1 st Addition Parcel 1 &- AS$ociate/s, Inc. .,,' 763.541481lO.F"763-541-1700 INFRASTRUCTURE' ENGINEERING PLANNING f CONSTRUCTION Monticello,Minnesota \ '*~ Council Agenda: 3/27/06 9. Conduct the Public Hearine and Authorize the Preparation of Plans and Specifications for the Reconstruction of Cedar Street (Chelsea Road to Dundas Road) and the Construction of Dundas Road (Cedar Street to Edmonson Avenue) (Citv of Monticello Proiect No. 2006-02C) (WSB) A. REFERENCE AND BACKGROUND: The proposed project includes the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from the improved segment, east of Cedar Street, to Edmonson Avenue. The improvements to Cedar Street were initiated by a petition from the proposed Warnert redevelopment located at the southwest comer of Chelsea Road and Cedar Street. The unimproved segment of Dundas Road is proposed to be constructed to an urban section to accommodate increased traffic volumes on the roadway and because of its importance to the connection to the City's overall transportation network. A Feasibility Report addressing the improvements was accepted at the March 13,2006 Council meeting. The proposed improvements include constructing the roadways to a three-lane, 44-foot width with concrete curb and gutter within the existing right-ofwway. Cedar Street will be realigned along the City-owned property on the east to align with the segment of Cedar Street south of Dundas Road. The project also includes construction of the right-turn lane along Chelsea Road to serve the Warnert development. Sidewalk and street lighting is proposed along the west side of Cedar Street and on the north side of Dundas Road from Cedar Street west to the trail along TH 25. Sidewalk and street lighting along the east side of Cedar Street and along both sides of Dundas Road, between Cedar Street and Edmonson Avenue, would be constructed as the adjacent properties develop. Storm sewer is proposed to be constructed within the roadways and connect into the TH 25 storm sewer system. Storm sewer stubs will be provided to accommodate drainage from adjacent properties as development occurs. Sanitary sewer and watermain exist along the roadways. Service stubs will be extended along Dundas Road to accommodate future development adjacent to the roadway. The proposed improvements also include construction of a segment ofthe dual forcemain along Chelsea Road for the future extension of the system from the Otter Creek Lift Station to the trunk sanitary sewer at Chelsea Road and Fallon Avenue. The dual forcemain would extend along the south side of Chelsea Road from Cedar Street across TH 25 to the north side of Chelsea Road. Two alternates were evaluated to cross TH 25. Alternate No. 1 includes crossing TH 25 diagonally and Alternate No.2 includes crossing TH 25 perpendicularly. Alternate No. 1 is preferred as it poses fewer conflicts, but would need Mn/DOT approval as an exception to Alternate No.2. The estimated project cost totals $1,252,090 for Alternate No. land $1,300,380 for Alternate No.2. The project is proposed to be funded through special assessments to the adjacent benefiting properties, City funds, and State Aid funds. City funding would consist of the reconstruction costs to the City-owned property on the east side of Cedar Street, general utility adjustments, forcemain construction and storm sewer upsizing costs along Dundas Road. Two options were analyzed for assessing the non-City funded project costs for Cedar Street to C:\Docume'lts m"J Seltil1gs\daWfJ,grossiflgerILoclll St;!ttblg,t I Temporary Internet Files\OIJK3L4(;N ITM-CedarDwuJasAuthPhms-032706.doc . l~.-l Council Agenda: 3/27/06 the adjacent benefiting properties, as described below: Option 1 (Cedar Street): Assess the standard $55/front foot commercial property reconstruction rate plus 100% of street widening costs. This option includes utilizing the standard commercial property reconstruction rate of$55/front foot that was established with the Area 1 Core Street Reconstruction program. This rate was developed based on reconstructing a roadway from a 24-foot width to a 32-foot width with a portion of this cost to be funded by the City. Costs to widen the roadway from a 32-foot to a 44-foot wide street is proposed to be assessed 100%. Sidewalk, street lighting, and storm sewer is proposed to be assessed lOO% at front foot rate. Driveway and utility stubs would be assessed 100% to each property it serves. Option 2 (Cedar Street): Assess 100% of the improvements to the adjacent benefiting properties. This option includes assessing 100% of the improvements to the adjacent benefiting properties. A detailed funding breakdown and preliminary assessment roll document for these two options was attached to the Feasibility Report. Dundas Road would be assessed 100% to the adjacent benefiting property with storm sewer upsizing costs for off-road drainage to be funded by the City. Both Cedar Street and Dundas Road are designated as Municipal State Aid roadways and are eligible for State Aid funding for street and storm sewer improvements. The Lundsten property along Dundas Road can be considered "Green Acres," in which case assessments would be deferred with interest until the property develops. The City could utilize State Aid funds to fund the improvements to Dundas Road as well as Cedar Street. Weare recommending that the Council conduct the public hearing and then consider authorizing the plans and specifications. In some cases a developer is required to deposit funds for the completion of plans and specifications when the project is developer driven. This was the case for the Home Depot site, formerly proposed to be located along Cedar Street and Dundas Road. Since the project was initiated by the Wamert development and they deposited a fee for completion ofthe Feasibility Study, the developer could be required to submit a deposit for completion of the plans and specifications. However, since the project involves assessing several properties along Cedar Street and Dundas Road improvements were added by Council, City staff is recommending that the Council waive the deposit to complete the plans and specifications. It should be noted that the 28% indirect cost included with the project cost includes engineering fees to develop the plans and specifications, so these costs will be assessed to the adjacent properties. If the project does not move forward, the fees to develop the plans and specifications would be a City cost. These plans would have some value at such time in the future that the project is completed. The project is proposed to be constructed this summer if authorized. B. ALTERNATIVE ACTIONS: 1. Authorize the preparation of plans and specifications for the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from C;\Oocuments alld Seltillgsldawn.grossillgerlLoCflI SettillgslTemporary Illter"" FilesIOLK3\AGN ITM_CedarO"ndaSA"thPlalls-032706;J~ ~ Council Agenda: 3/27/06 Cedar Street to Edmonson Avenue. 2. Do not authorize the preparation of plans and specifications at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Deputy City Adminstrator, City Engineer and Public Works Director to select Alternative No.1. D. SUPPORTING DATA: None CIDacuments and Settingslda....."grassingerILocal SmingslT<mporary Intertlet FileslDLK3\AGN ITM-C<dtlrDtlntlllsA.thPlanS-031706,dOC\ ~ "9 Council Agenda: 3/27/06 10. Public Hearin!!: Consideration of a rezonine request for O'Rvan site (155-117-001020) from PZM to B-4. Applicant: MMC/Citv of Monticello. (10) A. REFERENCE AND BACKGROUND Earlier this year, MMC requested rezoning of a number of the commercial parcels in the area of the O'Ryan's convenience store from PZM to B-4. The City Council acted to rezone the parcel directly west of the store as requested, but left the remainder, including the existing convenience store, under the PZM designation. During the discussion pertaining to the convenience store zoning designation, it was suggested that the convenience store zoning designation could "go either way". In hindsight, it would have been best at that time to place the O'Ryan's store in the B-4, as that district's sign regulations are more appropriate than the PZM district's sign regulations when applied to a convenience store operation. Rezoning of the parcel on its own merit does seem appropriate, given the type of use and location. Rezoning would also bring the site into compliance with the sign ordinance. The reader board now in place is not allowable in the PZM district. City Council is asked to conduct a public hearing on this matter to remain in compliance with procedures relating to rezoning. The Planning Commission was not requested to consider this matter because the Commission reviewed the request and recommended that the item be reviewed for final decision by the City Council. B. ALTERNATIVE ACTIONS: 1. Motion to rezone O'Ryan site (155-117-001020) from PZM to B-4 based on the finding that B-4 designation for this parcel is consistent with the character of the area and will not result in the depreciation of adjoining land values. Furthermore, the rezoning as proposed is consistent with the Comprehensive Plan of the City. 2. Motion to deny said request. C. STAFF RECOMMENDATION Staff recommends alternative 1. D. SUPPORTING DATA Proposed zoning map for the area (including proposed rezoning from PZM to B-4) \1.:.....1"..... .,) \..' Page 1 of 2 IS) http://156.99.28.84/servlet/com.esri.esri map.Esrimap ?ServiceN ame;;:;CustomParcel&Client V ersion;;:;3.1 &... 3/23/2006 Council Agenda: 3/27/06 11. Upd,ate on the Proposed Hidden Forest/Niaeara Falls Wetland Modifications (City of Monticello Plannine: Proiect Nos. 2003-055 and 2003-057) (JOIWSB) A. REFERENCE AND BACKGROUND: This item is an update to the City Council on the proposed Hidden ForestlNiagara Falls developments, specifically concerning changes to the characteristics of the large wetland complex featured in these projects. When these developments were originally proposed to the City staff, Parks Commission and Council, the applicant presented a conceptual drawing of a wetland complex with a large open water feature. This open water wetland, featuring a boardwalk was integral to the approved park plan and associated park dedication agreement. Under the original design, all park dedication requirements associated with the proposed Hidden Forest and Niagara Falls developments were met through provision ofthe wetland, upland trail along the edge of the wetland and through provision of a small park. The original wetland park plan was based on establishing a normal water level elevation of926 and a high water level of928, which would inundate a large portion of the low area with 4 feet of open water. As the site plans were developed, the elevations of the southwest corner of the Niagara Falls development did not support these elevations, as the area was too low. The wetland plan was modified establishing a normal water level of 924 with a high water level of 926, which does not provide a large inundated area. At the time this lower elevation was established, the applicant's plan was to create open water areas by excavation. It was not until February of this year that the City received the wetland permit for this site without any wetland excavation. A subsequent meeting with the developer revealed that they had determined that excavation was impractical and no longer part of the wetland plan. It was also determined that State and Federal wetland regulations would prevent the extensive excavation planned. The proposed change represents a change in wetland characteristics, which represents a significant change in the overall look of the residential neighborhood. Without long-term inundation of 4 or more feet of water, the wetland area will most likely be covered with vegetation, primarily cattails. From an environmental standpoint, both plans are viewed as improvements to the existing site. The 2-foot change in water elevation is used to create an optimal environment for wetland vegetation as well as function and value credits from State regulatory agencies. To achieve the wetland described in the original wetland exhibit, the normal water level needs to be increased to 926, from the proposed 924. This would create a high water elevation of928 and require the southwest corner of the Niagara Falls development to raise the lowest floor openings to an elevation of 930 or 2 feet above the high water level of the pond. Creating open water by excavation would be limited to small areas, which would not resemble the original wetland concept plan. l S:L C:IDocuments a.d Selli.gslda.......grossi.gerILocal S<IIi.gslTemporary Intertlet FilesIOLK3\RevisedAGN ITM.Wetla.d Updllle.0327063.doc Council Agenda: 3/27/06 In addition to aesthetic value to the parkland, this wetland provides needed storm water management to the County Ditch 33 Watershed. Two new outlet structures will be installed with these projects, which will establish a higher water level, control the runoff through the existing ditch outlet and a new outlet will provide flood prevention and additional storm water capacity to the system. The storm water management improvements are not affected by either wetland plan. B. AL TERNATIVE ACTIONS: 1. Accept the revised conceptual wetland plan (from February 2006) establishing a normal water level of 924, which will create a wetland area as illustrated in the attached exhibit. 2. Direct the applicants to revise their grading plans to establish a normal water level of926 and create a wetland, which follows the original conceptual plans (from 2004) of large open water areas. The Parks Commission will be reviewing this information at their meeting on Thursday March 23, 2006 and will present its recommendation accordingly. IS~ C:\Docume1lts and Settillgsldawn,grOlsjngerlLocal SettingslTcmporary Interne.t Files\OLK3\Rev/sedAGN lTM-Wetland CJpdale~OJ]7063.doc Council Agenda: 3/27/06 C. STAFF RECOMMENDATION: Both plans provide an improvement to the storm water management, wetland complex and overall drainage of CD 33. From storm water management, environmental and ecological standpoints, both plans are acceptable. The difference is in the visual appeal ofthe wetland complex. Council needs to determine if it is important to maintain the site aesthetics as originally proposed and determine if agreements relating to park dedication need to change given the change in the nature of the wetland. D. SUPPORTING DATA: . Wetland concept plan from 2004 Revised wetland plan February 2006 . \ ~~ L\ C:\Documellts and Seltl"gil,}awtt.grossillgerILocal SettingslTemporary ["'ernet FileslOLKJIRevisedAGN tTM-Wctland Update-0327063.doc Council Agenda: 3/27106 \ r:: J-C~ ClDocumenl3 and Selling3Idawn.gro33;ngerILacal Selling31Temporary Internet Fi/"IOLK3\ReV;3<dAGN ITM-Welland Updale-0317063.doc . . . ,s~ . -------- p- . . NatiJe Wet Prairie Seed BWSR W-6 (4.50 acres) Nati! EmergentlWetland Fringe Seed BW R W-1 (18.35 acres) Per anent 1-ft of Water with emergent vegetation (22.93 acres) Pem,anent 2-ft of water with eme;gent vegetation (1.32 acres) Gre ter then 2-ft of Wat r (0.64 acres) Trailbs~O:::sseed Mix (1.0 )--_ I 61 p" p.~. I I -y-yy--y.--yyy~ . . . . . ~ ~.. ~ ~~...A.A_~^..J.. -" . G.P. 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