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EDA Agenda 06-08-2016AGENDA REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, June 8th, 2016 — 6:00 p.m. Mississippi Room, Monticello Community Center Commissioners: President Bill Demeules, Vice President Bill Tapper, Treasurer Steve Johnson, Tracy Hinz, James Davidson, and Council members Tom Perrault and Lloyd Hilgart Staff: Jeff O'Neill, Angela Schumann, EDA Executive Director Jim Thares, Wayne Oberg 1. Call to Order 2. Roll Call 3. Approve Meeting Minutes: a. Special Meeting b. Regular Meeting c. Special Meeting d. Regular Meeting e. Special Meeting f. Regular Meeting March 9t', 2016 March 9t', 2016 April 13th, 2016 (To Be Provided at Meeting) April 13th, 2016 April 18th, 2016 (to Be Provided at Meeting) May l lt', 2016 4. Consideration of additional agenda items 5. Consideration of approving payment of bills 6. Consideration of amendment to Bylaws of the Economic Development Authority. 7. Consideration of appointment of EDA Executive Director. 8. Consideration of discussion regarding protective covenants for Outlots E and F, Otter Creek Crossing as related to outdoor storage. 9. Consideration of Director's Report 10. Consideration of recessing to closed session to develop or consider offers or counteroffers for the purchase or sale of real of personal property pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(3) 11. Adjourn closed session 12. Adj ourn MINUTES SPECIAL MEETING - ECONOMIC DEVELOPMENT AUTHORITY Wednesday, March 91h 2016 - Academy Room, Monticello Community Center Present: Bill Tapper, Jim Davidson, Steve Johnson, Tom Perrault, Lloyd Hilgart Absent: Bill Demeules, Tracy Hinz Others: Angela Schumann, Jeff O'Neill, Wayne Oberg, Keller Williams Commercial Representatives 1. Call to Order Bill Tapper called the meeting to order at 4:30 p.m. 2. Roll Call Tapper called the roll. Bill Demeules and Tracy Hinz were not in attendance. 3. Presentation — Keller Williams Commercial The EDA heard from Bill Gorton, Keller Williams Commercial Realty, on the various options for commercial brokerage & representation in the downtown area or other EDA owned land. 4. Adjourn TAPPER MOVED TO ADJOURN THE SPECIAL MEETING AT 5:48 PM. JOHNSON SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burri Approved: Attest: Angela Schumann, Community Development Director MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, March 9th, 2016 - Mississippi Room, Monticello Community Center Present: Bill Tapper, Jim Davidson, Steve Johnson, Tom Perrault, Lloyd Hilgart Absent: Bill Demeules, Tracy Hinz Others: Angela Schumann, Jeff O’Neill, Wayne Oberg, John Uphoff (WSB), Terri Sweet (Monticello Times), Tim Hennagir (Monticello Times), Tammy Omdahl (Northland Securities), Barry Fluth, Lisa Hiltz, Brad Hiltz 1. Call to Order Bill Tapper called the meeting to order at 6:00 p.m. 2. Roll Call Tapper called the roll. Bill Demeules and Tracy Hinz were in attendance. 3. Consideration of Election of Officers LLOYD HILGART MOVED TO APPOINT COMMISSIONER DEMEULES AS EDA PRESIDENT, COMMISSIONER TAPPER AS EDA VICE-PRESIDENT, COMMISSIONER JOHNSON AS EDA TREASURER AND COMMISSIONER DAVIDSON AS EDA ASSISTANT TREASURER. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED 5-0. 4. Approval of Minutes STEVE JOHNSON MOVED TO APPROVE THE FEBRUARY 10TH, 2016 REGULAR EDA MEETING MINUTES. TOM PERRAULT SECONDED THE MOTION AS CORRECTED. MOTION CARRIED 4-0. (Bill Tapper noted that he would not vote as he was not present at the meeting.) 5. Consideration of adding items to the agenda None 6. Consideration of approving payment of bills LLOYD HILGART MOVED TO APPROVE PAYMENT OF BILLS THROUGH FEBRUARY 2016. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 5-0. 7. Consideration of Market Matching report WSB’s John Uphoff provided an update related to Market Matching activities since December. 8. Consideration of marketing partnership with Monticello Times for 2016 Manufacturing Magazine Angela Schumann summarized that the EDA had requested additional information and tabled EDA Agenda: 03/09/16 2 action related to a proposal to partner with the Monticello Times to develop a publication to market Monticello to manufacturing industry prospects. She noted that 2015 marketing expenditure information had been included in the agenda packet for consideration as requested. Schumann recommended that the EDA appoint a task force to develop an overall marketing plan and consider the proposal within that framework. Monticello Times representatives Tim Hennigar and Terri Sweet provided details related to options and estimated costs involved in developing and distributing the proposed publication. Commissioner discussion included comments noting concern about the limited value in utilizing printed materials as a primary marketing strategy. There were also some comments about the need to update information as change occurs within the community and to clearly identify the target market for distributing materials. Hennigar pointed to the importance of telling Monticello’s story and asked for the opportunity to revise the proposal to emphasize an online publication in response to EDA feedback. BILL TAPPER MOVED TO TABLE ACTION ON THIS ITEM PENDING PRESENTATION OF A REVISED PROPOSAL. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. 9. Consideration to Adopt Resolution EDA-2016-001 Authorizing Interfund Loan for Advance of Certain Costs in Connection with Tax Increment Financing District No. 1-34 Angela Schumann explained that the interfund loan resolution would authorize the advance of up to $500,000 to pay the debt service and interest payable on bonds associated with TIF District 1-34. Northland Securities consultant Tammy Omdahl clarified that approving the interfund loan resolution would create an opportunity for the EDA to capture tax increment to reimburse itself in the future. STEVE JOHNSON MOVED TO ADOPT RESOLUTION EDA-2016-001 AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-34. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. Tom Perrault left the meeting to attend to other City business at this time. 10. Consideration to request that City Council call for a public hearing for Amendment to the Contract for Private Redevelopment between Masters 5th Avenue and the Monticello EDA and modification of Tax Increment Financing Plan for Tax Increment Financing District 1-35 Angela Schumann provided background information related to TIF District 1-35 and explained the purpose of the current request. She noted that the developer has submitted land use applications related to a proposed 23-unit residential apartment project on a single parcel EDA Minutes: 3/09/16 3 at the corner of Locust and 3rd Street and requested an opportunity to generate additional tax increment within the district related to increased project costs. She indicated that staff had worked with the EDA’s attorney and financial consultant to outline the process associated with the request to amend the contract and modify the TIF Plan and described the initial steps involved in the process. Property owner Barry Fluth, of Masters 5th Avenue, suggested that development trends include a mix of residential, retail and commercial uses in the downtown area. He noted that the apartment building is proposed to serve the 55 and older housing market. Commissioners expressed support for adding a new residential housing option for seniors in the downtown area and a willingness to allow ground floor units. Comments also noted concerns related to the proposed intensity and scale of use on the parcel as well as concern that the site plan layout does not align with the EDA’s vision for downtown development. It was also suggested that the EDA consider updating the Embracing Downtown report based on current economic realities and evolving goals. Fluth pointed out that the project design accommodates parking in excess of requirements for the unit density proposed. He indicated that underground parking is not an option due to the size of the parcel. LLOYD HILGART MOVED TO REQUEST THAT CITY COUNCIL CALL FOR A PUBLIC HEARING FOR AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN MASTERS 5TH AVENUE AND THE MONTICELLO EDA AND MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-35. JIM DAVIDSON SECONDED THE MOTION. MOTION FAILED 2-2 WITH STEVE JOHNSON AND BILL TAPPER VOTING IN OPPOSITION. 11. Consideration to approve a Financial Planning Agreement with Northland Securities for 2016 Update of the City/EDA TIF Management Plan LLOYD HILGART MOVED TO APPROVE A FINANCIAL SERVICES AGREEMENT WITH NORTHLAND SECURITIES FOR 2016 UPDATE OF THE CITY/EDA TIF MANAGEMENT PLAN. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED 4-0. Bill Tapper noted that Bill Demeules had suggested that the update include a special emphasis on TIF Districts which are not generating necessary increment. 12. Consideration of a recommendation on a monthly stipend for non-council members of the Economic Development Authority EDA Minutes: 3/09/16 4 STEVE JOHNSON MOVED TO RECOMMEND NO MONTHLY STIPEND FOR NON- COUNCIL MEMBERS OF THE ECONOMIC DEVELOPMENT AUTHORITY. BILL TAPPER SECONDED THE MOTION. MOTION CARRIED 4-0. 13. Consideration of Director’s Report Angela Schumann reported on the status of the Economic Development Manager position and environmental study findings involving Block 34 and 349 West Broadway. Steve Johnson and Bill Tapper volunteered to participate in a subcommittee to provide staff direction related to developing an overall EDA marketing plan. 14. Consideration of recessing to closed session to determine the asking price for real or personal property to be sold by the City pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(1) Bill Tapper stated that the EDA would be recessing to a closed session pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(1) to determine the asking price for real or personal property to be sold by the EDA. Tapper stated that the subject properties are Outlot E and Outlot H, Otter Creek Crossing, Outlot A, Otter Creek Crossing First Addition, and Outlot C, Otter Creek Crossing Third Addition. 15. Adjourn closed session STEVE JOHNSON MOVED TO ADJOURN THE CLOSED SESSION. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 4-0. 16. Adjourn STEVE JOHNSON MOVED TO ADJOURN THE REGULAR MEETING. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 4-0. Recorder: Kerry Burri ___ Approved: Attest: ____________________________________________ Angela Schumann, Community Development Director MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, March 9"', 2016 - Mississippi Room, Monticello Community Center Present: Bill Tapper, Jim Davidson, Steve Johnson, Tom Perrault, Lloyd Hilgart Absent: Bill Demeules, Tracy Hinz Others: Angela Schumann, Jeff O'Neill, Wayne Oberg, John Uphoff (WSB), Terri Sweet (Monticello Times), Tim Hennagir (Monticello Times), Tammy Omdahl (Northland Securities), Barry Fluth, Lisa Hiltz, Brad Hiltz 1. Call to Order Bill Tapper called the meeting to order at 6:00 p.m. 2. Roll Call Tapper called the roll. Bill Demeules and Tracy Hinz were in attendance. 3. Consideration of Election of Officers LLOYD HILGART MOVED TO APPOINT COMMISSIONER DEMEULES AS EDA PRESIDENT, COMMISSIONER TAPPER AS EDA VICE - PRESIDENT, COMMISSIONER JOHNSON AS EDA TREASURER AND COMMISSIONER DAVIDSON AS EDA ASSISTANT TREASURER. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED 5 -0. 4. Approval of Minutes STEVE JOHNSON MOVED TO APPROVE THE FEBRUARY 10TH, 2016 REGULAR EDA MEETING MINUTES. TOM PERRAULT SECONDED THE MOTION AS CORRECTED. MOTION CARRIED 4 -0. (Bill Tapper noted that he would not vote as he was not present at the meeting.) 5. Consideration of addins items to the agenda None 6. Consideration of approving payment of bills LLOYD HILGART MOVED TO APPROVE PAYMENT OF BILLS THROUGH FEBRUARY 2016. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Consideration of Market Matching report WSB's John Uphoff provided an update related to Market Matching activities since December. 8. Consideration of marketing partnership with Monticello Times for 2016 Manufacturing Magazine EDA Agenda: 03/09/16 Angela Schumann summarized that the EDA had requested additional information and tabled action related to a proposal to partner with the Monticello Times to develop a publication to market Monticello to manufacturing industry prospects. She noted that 2015 marketing expenditure information had been included in the agenda packet for consideration as requested. Schumann recommended that the EDA appoint a task force to develop an overall marketing plan and consider the proposal within that framework. Monticello Times representatives Tim Hennigar and Terri Sweet provided details related to options and estimated costs involved in developing and distributing the proposed publication. Commissioner discussion included comments noting concern about the limited value in utilizing printed materials as a primary marketing strategy. There were also some comments about the need to update information as change occurs within the community and to clearly identify the target market for distributing materials. Hennigar pointed to the importance of telling Monticello's story and asked for the opportunity to revise the proposal to emphasize an online publication in response to EDA feedback. BILL TAPPER MOVED TO TABLE ACTION ON THIS ITEM PENDING PRESENTATION OF A REVISED PROPOSAL. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration to Adopt Resolution EDA- 2016 -001 Authorizing Interfund Loan for Advance of Certain Costs in Connection with Tax Increment Financing District No. 1 -34 Angela Schumann explained that the interfund loan resolution would authorize the advance of up to $500,000 to pay the debt service and interest payable on bonds associated with TIF District 1- 34. Northland Securities consultant Tammy Omdahl clarified that approving the interfund loan resolution would create an opportunity for the EDA to capture tax increment to reimburse itself in the future. STEVE JOHNSON MOVED TO ADOPT RESOLUTION EDA- 2016 -001 AUTHORIZING 1NTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1 -34. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault left the meeting to attend to other City business at this time. 10. Consideration to request that City Council call for a public hearing for Amendment to the Contract for Private Redevelopment between Masters _5`° Avenue and the Monticello EDA and modification of Tax Increment Financing Plan for Tax Increment Financing District 1- 35 EDA Agenda: 03/09/16 Angela Schumann provided background information related to TIF District 1 -35 and explained the purpose of the current request. She noted that the developer has submitted land use applications related to a proposed 23 -unit residential apartment project on a single parcel at the corner of Locust and 3rd Street and requested an opportunity to generate additional tax increment within the district related to increased project costs. She indicated that staff had worked with the EDA's attorney and financial consultant to outline the process associated with the request to amend the contract and modify the TIF Plan and described the initial steps involved in the process. Property owner Barry Fluth, of Masters 5t' Avenue, suggested that development trends include a mix of residential, retail and commercial uses in the downtown area. He noted that the apartment building is proposed to serve the 55 and older housing market. Commissioners expressed support for adding a new residential housing option for seniors in the downtown area and a willingness to allow ground floor units. Comments also noted concerns related to the proposed intensity and scale of use on the parcel as well as concern that the site plan layout does not align with the EDA's vision for downtown development. It was also suggested that the EDA consider updating the Embracing Downtown report based on current economic realities and evolving goals. Fluth pointed out that the project design accommodates parking in excess of requirements for the unit density proposed. He indicated that underground parking is not an option due to the size of the parcel. LLOYD HILGART MOVED TO REQUEST THAT CITY COUNCIL CALL FOR A PUBLIC HEARING FOR AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN MASTERS 5TH AVENUE AND THE MONTICELLO EDA AND MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1 -35. JIM DAVIDSON SECONDED THE MOTION. MOTION FAILED 2 -2 WITH STEVE JOHNSON AND BILL TAPPER VOTING IN OPPOSITION. 11. Consideration to approve a Financial Planning Agreement with Northland Securities for 2016 Update of the City /EDA TIF Management Plan LLOYD HILGART MOVED TO APPROVE A FINANCIAL SERVICES AGREEMENT WITH NORTHLAND SECURITIES FOR 2016 UPDATE OF THE CITY /EDA TIF MANAGEMENT PLAN. STEVE JOHNSON SECONDED THE MOTION. MOTION CARRIED 4 -0. Bill Tapper noted that Bill Demeules had suggested that the update include a special emphasis on TIF Districts which are not generating necessary increment. 12. Consideration of a recommendation on a monthly stipend for non - council members of the Economic Development Authority EDA Minutes: 3/09/16 STEVE JOHNSON MOVED TO RECOMMEND NO MONTHLY STIPEND FOR NON - COUNCIL MEMBERS OF THE ECONOMIC DEVELOPMENT AUTHORITY. BILL TAPPER SECONDED THE MOTION. MOTION CARRIED 4 -0. 13. Consideration of Director's Report Angela Schumann reported on the status of the Economic Development Manager position and environmental study findings involving Block 34 and 349 West Broadway. Steve Johnson and Bill Tapper volunteered to participate in a subcommittee to provide staff direction related to developing an overall EDA marketing plan. 14. Consideration of recessing to closed session to determine the asking price for real or personal property to be sold by the City pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(1) Bill Tapper stated that the EDA would be recessing to a closed session pursuant to Minnesota Statute 13D.05, Subdivision 3(c)(1) to determine the asking price for real or personal property to be sold by the EDA. Tapper stated that the subject properties are Outlot E and Outlot H, Otter Creek Crossing, Outlot A, Otter Creek Crossing First Addition, and Outlot C, Otter Creek Crossing Third Addition. 15. Adjourn closed session STEVE JOHNSON MOVED TO ADJOURN THE CLOSED SESSION. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 4 -0. 16. Adjourn STEVE JOHNSON MOVED TO ADJOURN THE REGULAR MEETING. JIM DAVIDSON SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Kerry Burri Approved: Attest: Angela Schumann, Community Development Director MINUTES I!�EGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, April 13, 2016, Mississippi Room, Monticello Community Center Present: Bill Demeules, Bill Tapper, Tracy Hinz, Jim Davidson, Steve Johnson, Tom Perrault, Lloyd Hilgart Absent: None Others: Angela Schumann, Jeff O'Neill, Wayne Oberg, Jim Gromberg, WSB, Martha Ingram, Kennedy and Graven 1. Call to Order Bill Demeules called the meeting to order at 6:00 p.m. 2. Roll Call 3. Approval of Minutes IT WAS REPORTED THAT THE MINUTES FOR MARCH 9TH, 2016 SPECIAL AND REGULAR MEETINGS ARE NOT YET COMPLETED. NO ACTION REQUIRED. 4. Consideration of adding items to the agenda None 5. Consideration of approving payment of bills TAPPER MOVED TO APPROVE PAYMENT OF BILLS THROUGH MARCH 2016. HINZ SECONDED THE MOTION. MOTION CARRIED 7 -0. 6. Consideration of Marketing Partnership with Monticello Times for 2016 Manufacturing Magazine Discussion regarding the timing and the applicability of the proposed marketing effort. The Monticello Times is committed to this partnership and will make it work including negotiating on the price quote. HINZ MOVED TO APPROVE THE MARKETING PARTNERSHIP WITH THE MONTICELLO TIMES FOR THE 2016 MANUFACTURING MAGAZINE IN THE AMOUNT OF $2,500. HILGART SECONDED THE MOTION. MOTION CARRIED 6 -1. 7. Consideration of Resolution EDA- 2016 -002 approving an Assignment and the Monticello EDA for Tax Increment Financing District 1 -22 as related to the Landmark I project EDA Minutes: 4/13/16 Discussion regarding the assignment impacts on the proposed real estate transaction. Martha Ingram, EDA legal counsel, clarified that while this approval is not required under the contract because the developer has already received a certificate of occupancy, if the EDA withholding its assignment consent could cause some problems for the lender(s) involved in the proposed real estate transaction. TAPPER MOVED TO ADOPT RESOLUTION EDA- 2016 -002 APPROVING AN ASSIGNMENT OF CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN MASTERS 5TH AVENUE AND THE MONTICELLO EDA FOR TAX INCREMENT FINANCING DISTRICT 1 -22. HILGART SECONDED THE MOTION. MOTION CARRIED 7 -0. 8. Consideration to direct preparation of an Amendment to the Contract for Private Development between Masters 5th Avenue and the Monticello EDA and modification of Tax Increment Financing Plan for Tax Increment Financing District 1 -35 Angela Schumann explained the proposed adjustment to the contract as a desire by the developer to pursue a multi- family residential only development. It was noted that the City Council will be reviewing a concept PUD residential only proposal for the site at an upcoming meeting and it might be reasonable to have the EDA defer acting on this until after the Council review and comment is completed. JOHNSON MOVED TO TABLE THE PREPARATION OF AN AMENDMENT TO THE CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN MASTERS 5TH AVENUE AND THE MONTICELLO EDA AND MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT 1 -35. TAPPER SECONDED THE MOTION. MOTION CARRIED 7 -0. 9. Consideration of contract notice for Market Matching services with WSB Discussion ensued regarding an optimal contract termination date for Market Matching Services. Further comments regarding the outcomes and how to measure the effectiveness of the relationship. Jim Gromberg noted that the Market Matching is a relatively new service offered by WSB and measurement tools while helpful may not be the sole indicator of success of the relationship. Once the contract is terminated, it may be prudent and reasonable to form a new relationship with different service levels between the City and WSB. JOHNSON MOVED TO TERMINATE THE CONTRACT WITH MARKET MATCHING SERVICES WITH WSB EFFECTIVE JUNE 1, 2016. TAPPER SECONDED THE MOTION. MOTION CARRIED 4 -3. 10. Consideration of Director's Report 11. Adjournment 2 EDA Minutes: 4/13/16 TAPPER MOVED TO ADJOURN THE MEETING AT 6:45 PM. HINZ SECONDED THE MOTION. MOTION CARRIED 7 -0. Recorder: Kerry Burri Approved: Attest: Jim Thares, EDA Manager MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, May 11, 2016, Mississippi Room, Monticello Community Center Present: Bill Demeules, Bill Tapper, Jim Davidson, Tom Perrault, Lloyd Hilgart Absent: Steve Johnson, Tracy Hinz Others: Jim Thares, Angela Schumann, Jeff O'Neill 1. Call to Order Bill Demeules called the meeting to order at 6:00 p.m. 2. Roll Call City Administrator Jeff O'Neill introduced Jim Thares as the newly hired Economic Development Manager. 3. Approval of Minutes TAPPER MOVED TO TABLE THE EDA MEETING MINUTES FOR THE SPECIAL AND REGULAR MEETINGS AS FOLLOWS: SPECIAL MEETING MARCH 9,2016; THE REGULAR MEETING MARCH 9,2016; THE SPECIAL MEETING APRIL 13, 2016; THE REGULAR MEETING APRIL 13, 2016; THE SPECIAL MEETING APRIL 18, 2016. PARRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 4. Consideration of adding items to the agenda Angela Schumann, Community Development Director requested that the EDA Authorization for the Land Use Application associated with the Dahlheimer expansion in Otter Creek Business Park be added to the Agenda. 5. Consideration of approving payment of bills Commissioner Tapper suggested staff provide more detail for the Kennedy & Graven invoices in the future. TAPPER MOVED TO APPROVE PAYMENT OF BILLS THROUGH APRIL 2016. DAVIDSON SECONDED THE MOTION. MOTION CARRIED 5 -0. Commissioner Johnson arrived at 6:12 p.m. 6. Consideration of review for comment on the Declaration of Covenants for Otter Creek Crossing Third Addition EDA Minutes: 5/11/16 Angela presented the information regarding the covenant language restricting the orienting of loading docks to Dalton Way and Dalton Avenue in the Business Park. The issue with the Dahlheimer request is that for safety and efficiency reasons, their architect is designing the loading docks toward the rear of the building which faces Dalton Way. They also envision another future expansion to the east side of the current building to maximize their footprint on this property. Discussion by Commissioners that the covenants may be a bit too restrictive and as long docks are thoroughly screened with landscaping elements, it would probably be acceptable. TAPPER MOVED TO AUTHORIZE STAFF TO PREPARE A COVENANT AMENDMENT INSTRUMENT FOR CONSIDERATION AT THE NEXT EDA MEETING. HILGART SECONDED THE MOTION. MOTION CARRIED 6 -0. 7. PUBLIC HEARING - Consideration of Adopting Resolution EDA 2016 -003 approving a purchase and development agreement between Monticello EDA and Clear Creek Land Company, LLC for Outlot A, Otter Creek Crossing First Addition and Outlot C, Otter Creek Crossing Third Addition Angela Schumann reviewed the proposed sale of 6.20 acres +/- to Clear Creek Land Company, LLC for the 97,215 sq. ft. expansion of the Dahlheimer distribution facility. The sketch plan was reviewed showing the building footprint and the landscaping elements screening the new loading docks from the public streets. The sale price is $649,654. There is no business subsidy involved in the sale. Although there are numerous land use review and approval steps to complete, the closing date for the sale is anticipated as June 30, 2016. There is flexibility in the purchase agreement allowing an adjustment of that date by mutual agreement of both parties. President Demeules opened the Public Hearing at 6:16 p.m. There was no one present to speak. President Demeules closed the Public Hearing 6:17 p.m. TAPPER MOVED TO ADOPT RESOLUTION EDA 2016 -003 APPROVING THE PURCHASE AND DEVELOPMENT AGREEMENT BETWEEN THE MONTICELLO EDA AND CLEAR CREEK LAND COMPANY, LLC FOR OUTLOT_A, OTTER CREEK CROSSING FIRST ADDITION AND OUTLOT C OTTER CREEK CROSSING THIRD ADDITION. DAVIDSON SECONDED THE MOTION. MOTION CARRIED 6 -0. 8. Consideration of directing preparation of an Amendment to the Contract for Private Development between Master's 5th Avenue and the Monticello EDA and modification of the Tax Increment Financing Plan for Tax Increment Financing District 1 -35. Angela Schumann explained the request by Master's 5th Avenue as a desire to modify the Contract language accommodating "commercial, residential or multi -use buildings ". The City Council recently reviewed and approved a development stage PUD for 23 units of EDA Minutes: 5/11/16 residential. Mr. Barry Fluth, Masters 5a' Avenue, informed the EDA members that would he would be unable to accept any modification that eliminates residential as an option. TAPPER MOVED TO DENY THE PROPOSED AMENDMENT TO ALLOW "RESIDENTIAL" TO BE ADDED TO THE CONTRACT LANGUAGE. JOHNSON SECONDED THE MOTION. MOTION FAILED 3 -3. HILGART MOVED TO APPROVE THE PROPOSED AMENDMENT LANGUAGE ALLOWING "COMMERCIAL, RESIDENTIAL OR MULTI -USE BUILDING" TO BE ADDED TO CONTRACT LANUUAGE. SECONDED BY PARRAULT. MOTION FAILED 3 -3. 9. Consideration of approving a 2016 Farm Lease Agreement for Outlot F, Otter Creek Crossing Members asked if it would be possible to forgo leasing the land to avoid a property tax bill in the future. Angela explained that the taxes are just a couple hundred dollars more than the lease proceeds this year. Ordinance regulations require a cover crop to be placed on it, so the goal is to hopefully offset the taxes each year through the lease. TAPPER MOVED TO APPROVE THE 2016 FARM LEASE AGREEMENT FOR OTTER CREEK CROSSING IN THE AMOUNT OF $1,100. SECONDED BY PARRAULT. MOTION CARRIED 6 -0. 10. Consideration of discussion regarding protective covenants for Outlots E and F, Otter Creek Crossing Angela Schumann explained that there are local business prospects who've made recent Inquiries about lots in Otter Creek Business Park but do not currently meet the standards due to their need for outdoor storage. She further stated that the when the Business Park was created, covenants were put in place with the idea that the entire park would probably be restrictive as to outside storage. EDA members stated that it may be possible to flex a little bit on the outside storage. They asked staff to research formats of outside storage standards that would still support quality overall development and discuss with current property owners and prospects and bring back for further review and consideration. 11. Consideration of Director's Report Economic Development Manager Jim Thares provided an update on the Minnesota Medical Manufacturing Partnership. Monticello is positioned to benefit by staying involved in this group. The Partnership has access to funding from 11 federal agencies that may be able to help with infrastructure and employee training for local precision machining firms. EDA Minutes: 5/11/16 12. Consideration of Authorizing Land Use Application Submittal for Dahlheimer Expansion TAPPER MOVED TO AUTHORIZE THE EDA TO SIGN OFF ON THE LAND USE APPLICATION SUBMITTAL FOR THE DAHLHEIMER EXPANSION. SECONDED BY HILGART. MOTION CARRIED 6 -0. Commissioner Tom Parrault left the meeting to attend to other City Business. 13. Closed Meeting to discuss Real Estate Offer (meeting closed pursusant to Minnesota State Statute 13D.05, Subdivision 3(c)(1) TAPPER MOVED TO ADJOURN THE CLOSED SESSION. JOHNSON SECONDED THE MOTION. MOTION CARRIED 5 -0. 14. Adiournment TAPPER MOVED TO ADJOURN THE MEETING AT 7:38 PM. JOHNSON SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry Burn Approved: Attest: Jim Thares, EDA Manager 4 EDA Agenda – 06/08/16 4. Consideration of Adopting Resolution EDA-2016-005 approving a First Amendment to the Purchase and Development Contract between the City of Monticello EDA and Clear Creek Land Company, LLC (JT) A.REFERENCE AND BACKGROUND: An issue has arisen regarding the Dahlheimer expansion project land subdivision (platting) steps. Wright County is objecting to the current configuration of the proposed plat and in doing so is requiring several adjustments in the platting steps. Due to this issue, the attorney for Clear Creek (Dahlheimer) is requesting an extension of the closing date for the contract. The requested change would place the closing date at the end of August versus June 30, 2016. It’s possible that the changes and closing may be completed well before then. Dahlheimer’s engineer is already working on making the requested changes to the Plat. Resolution EDA 2016-005 regarding A First Amendment to the Purchase and Development Contract between the City of Monticello EDA and Clear Creek Land Company is attached for EDA review and consideration. A1. STAFF IMPACT:There is minimal staff impact in considering amending the Purchase and Development Contract. The staff impact is primarily in drafting this report and in presenting the Resolution approving the Amendment to the EDA for consideration. The EDA attorney was involved in discussing the issue with the Dahlheimer’s attorney and drafted the Resolution and the Amendment document. A2. BUDGET IMPACT:There is a modest cost to amend the Purchase and Development Contract. The EDA attorney has a small amount of time involved in discussing this issue with Dahlheimer’s legal counsel and some additional time in drafting the Resolution and the Amendment document. This expense will be paid from the EDA general fund. B.ALTERNATIVE ACTIONS: 1.Motion to adopt Resolution EDA-2016-005 approving a First Amendment to the Purchase and Development Contract between the City of Monticello EDA and Clear Creek Land Company, LLC extending the closing date until August 31, 2016. 2.Motion to Deny Resolution EDA-2016-005 approving a First Amendment to the Purchase and Development Contract between the City of Monticello EDA and Clear Creek Land Company, LLC extending the closing date until August 31, 2016. C.STAFF RECOMMENDATION: Staff recommends the EDA adopt Resolution EDA-2016-005 approving a First Amendment to the Purchase and Development contract between the City of Monticello EDA and Clear Creek Land Company, LLC extending the closing date until August 31, 2016. 2 D.SUPPORTING DATA: A.First Amendment to the Purchase and Development Contract between the City of Monticello and Clear Creek Land Company, LLC. B.Resolution EDA-2016-005 EDA Agenda: 6/8/16 5. Consideration of approving payment of bills (WO) A. REFERENCE AND BACKGROUND: Accounts Payable summary statements listing bills submitted during the previous month are included for review. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of bills through May 2016. 2. Motion to approve payment of bills through May 2016 with changes as directed by the EDA. C. STAFF RECOMMENDATION: Staff recommends Alternative 91. D. SUPPORTING DATA: Accounts Payable Summary Statements Theprecedinglistofbillspayablewasreviewedandapprovedforpayment.Date:6/8/2016Approvedby______________________________________SteveJohnson-Treasurer Theprecedinglistofbillspayablewasreviewedandapprovedforpayment.Date:6/8/2016Approvedby_____________________________________SteveJohnson-Treasurer Theprecedinglistofbillspayablewasreviewedandapprovedforpayment.Date:6/8/2016Approvedby______________________________________SteveJohnson-Treasurer Theprecedinglistofbillspayablewasreviewedandapprovedforpayment.Date:6/8/2016Approvedby______________________________________SteveJohnson-Treasurer EDA Agenda — 06/08/16 6. Consideration of an amendment to Bylaws of the Economic Development Authoritv (JT) A. REFERENCE AND BACKGROUND: The newly filled Economic Development Manager position was created with the intent of it being the Executive Director of the Economic Development Authority. As the Bylaws of the EDA now read, the City Administrator is appointed to serve as the Executive Director. The EDA enabling resolution contains language (Section 4.01) that allows an appointee of the City Administrator to serve as the Executive Director. The Economic Development Authority then is required to ratify the appointee. Staff proposes to amend the bylaws to the same. The benefits of having the Economic Development Manager act as the Executive Director is in minimizing bureaucratic process and allowing more efficient use of staff time. It also serves to spread the EDA administrative tasks and responsibilities more effectively among existing staff. The goal is to be consistent and thereby amend the Bylaws, Article IV, so the language will match the Enabling Resolution and be consistent with the intent of the Economic Development Manager's job description. Al. STAFF IMPACT: There is a positive staff impact by aligning the Economic Development Manager job description and the Bylaws of the EDA. It is further beneficial to match the Bylaw language with wording that is already contained in the EDA Enabling Resolution. A2. BUDGET IMPACT: There is a minimal budgetary impact consisting of the EDA attorney reviewing the proposed language change and drafting a resolution for action by the EDA. The resolution is required to make the language adjustments in the Bylaws. B. ALTERNATIVE ACTIONS: 1. Motion to adopt EDA resolution 2016 -004 approving the changes to the Bylaws allowing an appointee of the City Administrator to serve as the Executive Director of the EDA. 2. Motion to Table or Deny adoption of EDA resolution 2016 -004 approving the changes to the Bylaws allowing an appointee of the City Administrator to serve as the Executive Director of the EDA. C. STAFF RECOMMENDATION: Staff recommends approval of the proposed Bylaws amendment allowing the City Administrator to appoint an individual to be the Executive Director of the EDA. D. SUPPORTING DATA: A. EDA Bylaws current language B. EDA Bylaws proposed language changes C. EDA Enabling Resolution D. Economic Development Manger Job Description E. Resolution EDA 2016 -004 approving proposed changes to Bylaws BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "City of Monticello Economic Development Authority." Section 2. Office of Authority. The office of the Authority shall be at the City Hall in the City of Monticello, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. Section 3. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 4. Establishment. The City of Monticello Economic Development Authority is established pursuant to Minnesota Statutes, Section 469.090 to 469.108 1, as amended. ARTICLE II - THE COMMISSIONERS Section 1. Appointment, Terms, Vacancies, Pay, and Removal. Shall be in accordance with the Amended and Restated Resolution Enabling the Creation of the City of Monticello Economic Development Authority dated October 22, 2007 and as it may be amended (the "Enabling Resolution ") and Section 2 -3 -1 of Ordinance Amendment No. 172, Chapter 3, City of Monticello, Wright County, Minnesota. ARTICLE III - THE OFFICERS Section 1. Officers. The Authority shall elect a president, a vice president, a treasurer, a secretary, and an assistant treasurer at the annual meeting. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Section 2. President. The President shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Board of Commissioners, the President and the Executive Director (the Assistant Treasurer, in the Executive Director's absence or incapacity) shall sign all contracts, deeds, and other instruments made or executed by the Authority, except that all checks of the Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice President. The Vice President shall perform the duties of the President in the absence or incapacity of the President, including signing all contracts, deeds, and other instruments executed by the Authority; and in the case of the resignation or death of the 1 325599v6 MNI MN 190-130 President, the Vice President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and shall maintain all records of the Authority. The office of Secretary may be held by the Executive Director upon approval thereof by the Authority. Section 5. Treasurer's Duties. The treasurer: (1) shall receive and is responsible for Authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse Authority money by any Authority- approved method, including without limitation check, wire transfer, or credit card; (4) shall keep an account of the source of all receipts and the nature, purpose, and authority of all disbursements; (5) shall file the Authority's detailed financial statement with its secretary at least once a year at times set by the Authority; and (6) shall prepare and submit an annual report describing the Authority's activities and providing an accurate statement of its financial condition to the City of Monticello by no later than one month following the annual meeting of the Authority. Section 6. Assistant Treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or incapacitated. Section 7. Public Money. Authority money is public money. ARTICLE IV - EXECUTIVE DIRECTOR The City Administrator shall be designated as Executive Director of the Authority. Section 1. Duties. The Executive Director shall have general supervision over the administration of the Authority's business and affairs subject to the direction of the Authority. The Executive Director in his or her own name and title shall keep the records of the Authority, shall act as recorder of the meetings of the Authority and record all votes, and shall keep record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Executive Director shall, with the President, sign all contracts, deeds, and other instruments executed by the Authority, and shall keep in sole custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. 2 325599v6 MNI MN 190-130 Any person appointed to fill the office of Executive Director, or any vacancy herein, shall have such terms as the Authority fixes, but no commissioner of the Authority shall be eligible to serve as the Executive Director. ARTICLE V - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the 2nd Wednesday of each month. Section 2. Annual Meeting. The annual meeting of the Authority shall be held in conjunction with the regular February meeting at the regular meeting place of the Authority. The August regular meeting shall include final fund balances reviewed at the Annual Meeting. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, two members of the Authority, or the Executive Director for the purpose of transacting any business designated in the call. All commissioners of the Authority shall be notified. Section 4. Quorum. At any meeting of the Authority, the presence of four commissioners shall constitute a quorum. If a quorum is not present at any meeting, those present shall have power to adjourn the meeting from time to time without notice other than announcement at such meeting until the requisite number of votes shall be present to constitute a quorum. At any such adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called. Any resolution, election, or other formal action of the Authority shall be adopted upon the affirmative vote of a majority of the Authority membership. Section 5. Rules of Procedure. Unless otherwise specified in the Enabling Resolution or in these bylaws, all meetings of the Authority shall be conducted in accordance with Roberts' Rules of Order revised. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be voice unless the President calls for a roll call vote. The yeas and nays shall be entered upon the minutes of such meetings. ARTICLE VI - EMPLOYEES; SERVICES; SUPPLIES Section 1. Employ. Subject to limits set by the appropriations or other funds made available, the Authority may employ such staff, technicians, and experts as may be deemed proper and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 2. Contract for Services. The Authority may contract for services of consultants, agents, public accountants, and other persons needed to perform its duties and exercise its powers. Section 3. Legal Services. The Authority may use the services of the city attorney or hire a general counsel for its legal needs. The city attorney or general counsel, as determined by 3 325599v6 MNI MN 190-130 the Authority, is its chief legal advisor. Section 4. Supplies. The Authority may purchase the supplies and materials it needs to carry out its function pursuant to Minnesota Statutes, Sections 469.090 to 469.1081. Section 5. City Purchasing. The Authority may use the facilities of its city's purchasing department in connection with construction work and to purchase equipment, supplies, or materials. Section 6. City Facilities, Services. The City may furnish offices, structures and space, and stenographic, clerical, engineering, or other assistance to the Authority. Section 7. Delegation Power. The Authority may delegate to one or more of its agents or employees powers or duties as it may deem proper. ARTICLE VII - POWERS Section 1. Functions, Powers, and Duties. Shall be in accordance with the Enabling Resolution. Section 2 Resolution. Limitations of Power. Shall be in accordance with the Enabling ARTICLE VIII - AMENDMENTS Section 1. Amendment to Bylaws. The bylaws of the Authority shall be amended by a majority vote of the Authority membership at a regular or special meeting. The amendments must be in written form. Section 2. Conflicts. In any instance where these bylaws are in conflict with the Enabling Resolution, the Enabling Resolution shall control. Section 3. Effective Date. These bylaws are effective upon their adoption by the Authority. Dated: )2014. Signed: President (Seal) Executive Director 4 325599v6 MNI MN 190-130 BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "City of Monticello Economic Development Authority." Section 2. Office of Authority. The office of the Authority shall be at the City Hall in the City of Monticello, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. Section 3. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 4. Establishment. The City of Monticello Economic Development Authority is established pursuant to Minnesota Statutes, Section 469.090 to 469.108 1, as amended. ARTICLE II - THE COMMISSIONERS Section 1. Appointment, Terms, Vacancies, Pay, and Removal. Shall be in accordance with the Amended and Restated Resolution Enabling the Creation of the City of Monticello Economic Development Authority dated October 22, 2007 and as it may be amended (the "Enabling Resolution ") and Section 2 -3 -1 of Ordinance Amendment No. 172, Chapter 3, City of Monticello, Wright County, Minnesota. ARTICLE III - THE OFFICERS Section 1. Officers. The Authority shall elect a president, a vice president, a treasurer, a secretary, and an assistant treasurer at the annual meeting. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Section 2. President. The President shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Board of Commissioners, the President and the Executive Director (the Assistant Treasurer, in the Executive Director's absence or incapacity) shall sign all contracts, deeds, and other instruments made or executed by the Authority, except that all checks of the Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice President. The Vice President shall perform the duties of the President in the absence or incapacity of the President, including signing all contracts, deeds, and other instruments executed by the Authority; and in the case of the resignation or death of the 1 325599v6 MNI MN 190-130 President, the Vice President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and shall maintain all records of the Authority. The office of Secretary may be held by the Executive Director upon approval thereof by the Authority. Section 5. Treasurer's Duties. The treasurer: (1) shall receive and is responsible for Authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse Authority money by any Authority- approved method, including without limitation check, wire transfer, or credit card; (4) shall keep an account of the source of all receipts and the nature, purpose, and authority of all disbursements; (5) shall file the Authority's detailed financial statement with its secretary at least once a year at times set by the Authority; and (6) shall prepare and submit an annual report describing the Authority's activities and providing an accurate statement of its financial condition to the City of Monticello by no later than one month following the annual meeting of the Authority. Section 6. Assistant Treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or incapacitated. Section 7. Public Money. Authority money is public money. ARTICLE IV - EXECUTIVE DIRECTOR The City Administrator, or any other person designated in writing by the City Administrator and approved by a majority of the EDA commissioners, shall be designated as Executive Director of the EDA. Section 1. Duties. The Executive Director shall have general supervision over the administration of the Authority's business and affairs subject to the direction of the Authority. The Executive Director in his or her own name and title shall keep the records of the Authority, shall act as recorder of the meetings of the Authority and record all votes, and shall keep record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Executive Director shall, with the President, sign all contracts, deeds, and other instruments executed by the Authority, and shall keep in sole 2 325599v6 MNI MN 190-130 custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Any person appointed to fill the office of Executive Director, or any vacancy herein, shall have such terms as the Authority fixes, but no commissioner of the Authority shall be eligible to serve as the Executive Director. ARTICLE V - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the 2nd Wednesday of each month. Section 2. Annual Meeting. The annual meeting of the Authority shall be held in conjunction with the regular February meeting at the regular meeting place of the Authority. The August regular meeting shall include final fund balances reviewed at the Annual Meeting. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, two members of the Authority, or the Executive Director for the purpose of transacting any business designated in the call. All commissioners of the Authority shall be notified. Section 4. Quorum. At any meeting of the Authority, the presence of four commissioners shall constitute a quorum. If a quorum is not present at any meeting, those present shall have power to adjourn the meeting from time to time without notice other than announcement at such meeting until the requisite number of votes shall be present to constitute a quorum. At any such adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called. Any resolution, election, or other formal action of the Authority shall be adopted upon the affirmative vote of a majority of the Authority membership. Section 5. Rules of Procedure. Unless otherwise specified in the Enabling Resolution or in these bylaws, all meetings of the Authority shall be conducted in accordance with Roberts' Rules of Order revised. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be voice unless the President calls for a roll call vote. The yeas and nays shall be entered upon the minutes of such meetings. ARTICLE VI - EMPLOYEES; SERVICES; SUPPLIES Section 1. Employ. Subject to limits set by the appropriations or other funds made available, the Authority may employ such staff, technicians, and experts as may be deemed proper and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 2. Contract for Services. The Authority may contract for services of consultants, agents, public accountants, and other persons needed to perform its duties and exercise its powers. 3 325599v6 MNI MN 190-130 Section 3. Legal Services. The Authority may use the services of the city attorney or hire a general counsel for its legal needs. The city attorney or general counsel, as determined by the Authority, is its chief legal advisor. Section 4. Supplies. The Authority may purchase the supplies and materials it needs to carry out its function pursuant to Minnesota Statutes, Sections 469.090 to 469.1081. Section 5. City Purchasing. The Authority may use the facilities of its city's purchasing department in connection with construction work and to purchase equipment, supplies, or materials. Section 6. City Facilities, Services. The City may furnish offices, structures and space, and stenographic, clerical, engineering, or other assistance to the Authority. Section 7. Delegation Power. The Authority may delegate to one or more of its agents or employees powers or duties as it may deem proper. ARTICLE VII - POWERS Section 1. Functions, Powers, and Duties. Shall be in accordance with the Enabling Resolution. Section 2. Limitations of Power. Resolution. Shall be in accordance with the Enabling ARTICLE VIII - AMENDMENTS Section 1. Amendment to Bylaws. The bylaws of the Authority shall be amended by a majority vote of the Authority membership at a regular or special meeting. The amendments must be in written form. Section 2. Conflicts. In any instance where these bylaws are in conflict with the Enabling Resolution, the Enabling Resolution shall control. Section 3. Effective Date. These bylaws are effective upon their adoption by the Authority. Dated: )2014. Signed: President (Seal) 4 325599v6 MNI MN 190-130 Executive Director 325599v6 MNI MN 190-130 Economic Devellopment Manager City of Monticello Exempt Title of Class: Economic Development Manager Effective Date: November 15, 1991 Revised Date: October 13, 2008 February 11, 2011 October 27th, 2015 DESCRIPTION OF DUTIES General Statement of Duties: Performs responsible professional work, planning, promoting, developing and implementing economic development and redevelopment goals for the City; performs related duties as required. Generates business leads, promotes business retention and expansion, creates a positive attitude for development and raises supportive public awareness for strategic economic planning and development. Supervision Received: Works under the general supervision of the Community Development Director with additional work direction provided by the City Administrator. Supervision Exercised: None. TYPICAL, DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. ADMINISTRATION *Provides administrative and professional support to the EDA as the EDA Executive Director, managing business affairs, agenda and minutes, and acting as the staff liaison for the City. In conjunction with the Finance Director, oversees the Authority's budget, financial and fund reports. *Plans, develops, presents for approval, and implements long range goals and strategies which support the City Council and EDA goals as reflected in the Monticello Comprehensive Plan and Monticello Redevelopment Project No. 1 Plan. *Oversees, develops, markets, administers, and evaluates financial funding strategies and business subsidy and incentive programs which support the City's goals *Ensures compliance and performs required reporting in accordance with the MN Business Subsidy Act, State Auditor's requirements and applicable federal regulations. *Provides city staff with reports and recommendations on development proposals and assists in identifying site development issues for economic development projects. Maintains all business records and reporting requirements for the Economic Development Department and EDA. *Primary staff liaison to the Industrial and Economic Development Committee, Chamber of Commerce, Wright County Economic Development Partnership, Economic Development Association of MN and MN Department of Employment & Economic Development. Prepares annual business report for the EDA, completes required forms and publishes notices. Assists in preparing and updating economic development and redevelopment portions of the Economic Development Manager City of Monticello Exempt City's comprehensive plan in cooperation with Community Development Department and provides input on other aspects of the plan. *Facilitates and prepares the annual Economic Development Work Plan in conjunction with the Community Development Director and assists in the development and monitoring of the annual budget. Monitors legislative initiatives related to economic development and redevelopment which may impact the EDA and City. Coordinates the work of City consultants as related to economic development initiatives, including legal and financial services. May assist in preparation of grant applications. Performs other duties as needed or assigned. BUSINESS & DEVELOPMENT RELATIONS *Maintains regular contact with business and property owners, developers, real estate agents, lending institutions, and related organizations to facilitate achievement of economic development goals and business retention and expansion efforts. *Assists developers with preliminary and formal business subsidy applications, analyzes formal application and financial information and prepares written recommendation for EDA and Council approval. *Negotiates terms and conditions for TIF Districts, purchase agreements, development contracts, loan agreements, land acquisitions and sales, assessment agreements, and other related documents with assistance from the EDA's attorney and as directed by the EDA. MARKETING & SALES *Prepares, organizes and implements a coordinated marketing program to generate business and industry leads which are consistent with the City's economic development goals. *Serves as primary City liaison at prospect stage, assisting in developing, preparing and presenting individualized project financing proposals in cooperation with City consultants to meet prospects' financing requirements. *Participates in the citywide marketingibranding effort. *Maintains and distributes updated marketing and sales information pertaining to economic development including: community profile, demographic and employment data, building and land inventories and contacts, City/EDA property information and sales sheets, and prospect databases. *Plans and oversees marketing for City -owned business center and other EDA/City properties. Participates in exhibitions, seminars, media events, trade shows and conferences to attract businesses to the City. Organizes events, meetings and activities supporting economic development initiatives, including trainings, industry recognitions, and familiarization tours. KNOWLEDGE, SKILLS AND ABILITIES *Considerable knowledge of government processes and services, economic research and marketing related to economic development and redevelopment. *Considerable knowledge of city planning, project development, financing, land acquisition and related areas. Economic Development Manager City of Monticello Exempt *Working knowledge of laws, rules and regulations related to development and related financing and ability to communicate such to industrial project developers. *Considerable skill to operate office equipment including personal computer with Internet, word processing, spreadsheet, Power Point and database management applications. *Considerable ability to communicate effectively both orally and in writing and maintain effective working relationships with state and federal agencies, property and businesses owners, elected and appointed officials, committee members, potential developers and the general public. *Considerable ability to develop alternatives and determine costs, advantages and disadvantages of various alternatives. *Considerable ability to analyze financial statements including balance sheets, profit and loss sheets and cash flow statements. Working ability to read and interpret building plans, site plans and city service maps. MINIMUM QUALIFICATIONS Bachelor's degree with major course work in economic development, local and urban affairs, planning or a related field and three (3) years of experience in economic or community development. Certification from the National Development Council preferred. Must possess and maintain a valid MN Class D Driver's license. *Asterisked items are essential to the job CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2013-010 AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council of the City of Monticello, Minnesota ( "City") as follows: Section 1. Background and Findings 1.01. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act ") to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs for the City. 1.02. By Ordinance No. 172, approved April 10, 1989 and codified in the City Code as Title II, Chapter 3 (the "Enabling Ordinance "), the City established the City of Monticello Economic Development Authority ("EDA"), for the purpose of coordinating and administering economic development activities in and for the City. 1.03. By resolutions approved on October 22, 2007 and January 14, 2008, the City transferred to the EDA the control, authority and operation of all projects administered by the Housing and Redevelopment Authority in and for the City of Monticello and adopted an Amended and Restated Enabling Resolution (the "Enabling Resolution"), which superceded the Enabling Ordinance in all respects. 1.04. The City Council further amended the Enabling Resolution after a duly noticed public hearing on February 27, 2012. 1.05. The City Council has now determined to revise and clarify certain provisions of the Enabling Resolution by the adoption of this resolution. 1.06. The City Council has, in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on the date hereof, at which all persons wishing to be heard were given an opportunity to express their views, concerning the proposed modifications to the Enabling Resolution. 1.07. This resolution constitutes an amendment and restatement of the Enabling Resolution of February 27, 2012, and supersedes such Enabling Resolution in all respects. Section 2. Enabling Authority_. 2.01. The EDA was established pursuant to the EDA Act under the Enabling Ordinance as adopted April 10, 1989 and codified as Title II, Chapter 3 of the City Code, as amended and restated by this resolution. 2.02. The EDA shall be composed of 7 commissioners to be appointed by the Mayor and confirmed by the City Council. 2.03. Two of the commissioners shall be members of the City Council, The terms of office of the two members of the City Council shall coincide with their terms of office as members of the City Council. The remaining five (5) commissioners shall be initially appointed for terms of one, two, three, four, and five years respectively. Thereafter, all non - Council commissioners shall be appointed for six -year terms. 2.O4, A vacancy is created in the membership of the EDA when a City Council member of the board of commissioners ends Council membership, when any commissioner ends EDA membership prior to expiration of his or her term of office, on the day following the expiration of a commissioner's term of office, or when a commissioner is removed by the City Council subject to the terms of Section 2.07 hereof . A vacancy for this or any other reason must be filled for a new term or the balance of the unexpired term, as applicable, in the manner in which the original appointment was made, 2.05. All of the commissioners who are not members of the City Council must be either residents of the City, business - owners in the City, or property - owners in the City. 2.06. All commissioners shall serve at the pleasure of the City Council, subject to the terms of Section 2.07 hereof. Vacancies shall be filled by appointment by the Mayor with the confirmation of the City Council. 2.07. A commissioner may be removed by the City Council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least 10 days before the hearing. The commissioner must be given an opportunity to be heard in person or by the counsel at the hearing. When written charges have been submitted against the commissioner, the City Council may temporarily suspend the commissioner. If the City Council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings together with the charges and findings shall be filed in the office of the City Administrator. 2.08. The City Council shall make available to the EDA such appropriations as it deems fit for salaries, fees, and expenses necessary in the conduct of its work, The EDA shall have authority to expend all budgeted sums so appropriated and recommend the expenditures of other sums made available for its use from grants, gifts, and other sources for the purposes and activities authorized by this resolution. Section 3. Officers and Meetings, 3.01. The EDA shall elect a president, vice president, treasurer, assistant treasurer, and secretary annually. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The other offices of the secretary and assistant treasurer need not be held by a commissioner. 3.02. The EDA shall adopt rules and procedures not inconsistent with the provisions of this Enabling Resolution or as provided in Minnesota Statutes, Section 469.096, and as may be necessary for the proper execution and conduct of its business. The EDA shall adopt bylaws and rules to govern its procedures and for the transaction of its business and shall keep a record of attendance at its meetings and/or resolutions, transactions, findings, and determinations showing the vote of each commissioner on each question requiring a vote, or if absent or abstaining from voting, indicating such fact. The records of the EDA shall be a public record, except for those items classified by law as nonpublic data. 3.03. The EDA shall meet at least quarterly. Special meetings may be called by the president as needed. 3.04. All administrative procedures, including contract for services, purchases of supplies, and financial transactions and duties shall be outlined in the bylaws of the EDA. Section 4. Staff. 4.01. The City Administrator, or any other person designated in writing by the City Administrator and approved by a majority of the EDA commissioners, shall be designated as Executive Director of the EDA. 4.02. Subject to limits set by the appropriations or other funds made available, the EDA may employ such staff, technicians, and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 5. Functions, Powers, and Duties. 5.01. Except as specifically limited by the provisions of Section 6 of this Enabling Resolution, the EDA shall have the authority granted it pursuant to the EDA Act. 5.02. The EDA shall manage the Greater Monticello Enterprise Fund (the "Fund ") the purpose of which is to encourage economic development by making loans to private businesses. The EDA shall make loans to eligible businesses, and such loan(s) shall serve a public purpose as defined in the Greater Monticello Enterprise Fund Guidelines (Fund Guidelines). The Fund Guidelines are hereby adopted by reference and included in the bylaws of the EDA. No changes to the fund Guidelines shall be made without approval of the City Council. 5.03. The EDA may be a limited partner in a partnership whose purpose is consistent with the EDA's purpose. 5.04. The EDA may issue general obligation bonds and revenue bonds when authorized by the City Council and pledge as security for the bonds the full faith, credit, and resources of the City or such revenues as may be generated by projects undertaken by the EDA. 5.05. The EDA may cooperate with or act as agent for the federal or state government or a state public body, or an agency or instrumentality of a government or other public body to carry out the powers granted it by the FDA Act or any other related federal, state, or local law in the area of economic development district improvement. 5.06. The FDA may annually develop and present an economic development strategy and present it to the City Council for consideration and approval. 5.07. The EDA may join an official, industrial, commercial, or trade association or other organization concerned with such purposes, hold reception of officials who may contribute to advancing the City and its economic development, and carry out other appropriate public relations activities to promote the city and its economic development. 5.08. The EDA may perform such other duties which may be lawfully assigned to it by the City. All city employees shall, upon request and within a reasonable time, furnish the EDA or its employees or agents such available records or information as may be required in its work. The EDA or its employees or agents may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this resolution. Section 6. Limitations of Power, 6.01. The following limits apply to the EDA and its operation: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the EDA must be in conformity to the City comprehensive plan and official controls implementing the comprehensive plan. (d) The FDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) Except when previously pledged by the EDA, the City Council may, by resolution, require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines are not necessary for the successful operation of the EDA to the debt service funds of the city to be used solely to reduce tax levies for bonded indebtedness of the City. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. (g) The EDA shall submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval. 6.02. The EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (a) all powers under the HRA Act. (b) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (c) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (d) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited partner in a partnership whose purpose is consistent with the EDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public parking facilities. (e) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (f) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the HRA Act), subject to approval by the City Council in accordance with Section 469.033, subdivision 6. (g) all powers under Minnesota Statutes, Sections 469.474 to 469.179. 6.03. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the EDA are to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City, the EDA or the HRA. Section 7. Implementation. 7.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this resolution. 7.02. The Mayor, the City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 7.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution to impose new or different limitations on the EDA as authorized by the EDA Act. ADOPTED BY the City Council of the City of Monticello on this 25th day of March, 2013. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: r/ Jeff,0XV11, City Administrator CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2016-004 RESOLUTION APPROVING AMENDMENT OF BYLAWS WHEREAS, the Board of Commissioners (the `Board ") of the City of Monticello Economic Development Authority (the "Authority ") has considered a proposed amendment to its Bylaws; and WHEREAS, the Board has determined that it is reasonable, expedient and in the best interest of the public to amend the Bylaws of the Authority to authorize the City Administrator to designate the Executive Director of the Authority, subject to approval of a majority of the Board; and WHEREAS, Article VIII, Section 1 of the Bylaws provides for amendments to the Bylaws by majority vote of the Board at any regular or special meeting of the Authority. NOW, THEREFORE, BE IT RESOLVED, by the City of Monticello Economic Development Authority as follows: 1. The Authority's Bylaws are amended in the form attached to this Resolution. 2. The Board hereby approves the amended Bylaws. Adopted by the Board of Commissioners of the City of Monticello Economic Development Authority this 8th day of June, 2016. President ATTEST: Executive Director 480740A MNI MN325 -6 EDA Agenda — 06/08/16 7. Consideration of appointment of EDA Executive Director (JO /AS) A. REFERENCE AND BACKGROUND: The EDA is asked to consider the appointment of Economic Development Manager Jim Thares as the EDA Executive Director. As noted in the prior agenda item, the Economic Development Manager position was created with the intent of the position serving as the Executive Director of the Economic Development Authority. Pending the amendment of the EDA Bylaws as proposed, the City Administrator recommends Economic Development Manager Jim Thares to serve as the EDA Executive Director. The EDA will need to ratify the appointment by simple majority per the Enabling Resolution and proposed bylaws. Al. STAFF IMPACT: The intent of the Economic Development Manager position is to support the day -to -day operations of the EDA at a managerial level. Appointment of the Manager as the EDA Executive Director is consistent with that intent. The City Administrator, Community Development Director and Finance Director will remain part of the EDA's on -going support staff and will provide assistance to the Economic Development Director. A2. BUDGET IMPACT: None. B. ALTERNATIVE ACTIONS: 1. Motion to appoint Economic Development Manager Jim Thares as the EDA Executive Director. 2. Motion to Table or Deny appointment of Economic Development Manager Jim Thares as the EDA Executive Director. C. STAFF RECOMMENDATION: The City Administrator recommends appointment of Economic Development Manager Jim Thares as the EDA Executive Director. Mr. Thares has an extensive background in Economic Development which will support his efforts in managing the EDA's operations. D. SUPPORTING DATA: A. See Item 6 for supporting data references EDA Agenda — 06/08/16 8. Consideration of discussion of protective covenants for Outlots E and F, Otter Creek Crossing as related to outdoor storage (JT) A. REFERENCE AND BACKGROUND: Per the EDA's direction to staff at the May meeting to further research possible standards for allowing outdoor storage in Otter Creek Business Park, staff has gathered information for additional discussion and review. The discussion regarding flexing on the outdoor storage restrictions was generated by a recent request from a local business looking for a suitable expansion site. Key issues in the discussion are size or volume of land area devoted to outdoor storage, location relative to the principal structure and proper screening so the Business Park retains its high quality elements and its visual attractiveness. Al. STAFF IMPACT: There is minimal staff impact in considering amending the covenants and researching possible outdoor storage standards. Staff has a relatively small amount of time committed to this research to date. There may be additional time committed to this effort based on the EDA's discussion and direction. The consultant planner assisted by providing the sample ordinance from another City in the region. A2. BUDGET IMPACT: There is a low budgetary impact due to the EDA's discussion of outdoor storage standards. There has been a very small cost to involve the consultant planner in the discussion. This expense will be paid from the EDA general fund. B. ALTERNATIVE ACTIONS: 1. Motion to direct further research of outdoor storage standards related to a possible amendment of the Protective Covenants in Otter Creek Crossing. 2. Motion to Table further discussion/research of outdoor storage standards related to a possible amendment of the Protective Covenants in Otter Creek Crossing. C. STAFF RECOMMENDATION: Staff recommends the EDA authorize the "Next Steps" consisting of "Illustration example" and "Discussion with property owners ". D. SUPPORTING DATA: A. Outdoor Storage Discussion — Possible Standards B. Sample Outdoor Storage Ordinance (e- mailed from Steve Grittman, NAC) Otter Creek — Outlots E and F Outdoor Storage Discussion Open and Outdoor Storage as an accessory use under covenants, provided that: • Outdoor storage shall be limited to 30% of the gross square footage of the principal building. • The storage area shall not occupy any portion of the yard between the front building line and the adjoining public street, or the side building line and public street on a corner lot. • Outdoor storage areas must be 10' from all property lines and when adjacent to properties zoned other than industrial, shall be located a minimum of 50' feet from the adjacent property line. • The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. • Outdoor storage areas must be kept in an orderly condition, permitting vehicular access to all materials or equipment. Lanes at least twenty (20) feet in width shall be required to meet this standard. No portion of the outdoor storage shall be more than fifty (50) feet from any access lane or other drive aisle, nor shall it block access to hydrants, fire sprinklers, or other fire - fighting equipment. • All outdoor storage must be screened completely from any right of way and adjacent property. Screening shall consist of masonry walls or fencing constructed of wood or vinyl and shall provide for 100% opacity. Gates shall be an exception to this requirement. Additional landscaping of one evergreen tree per 6' of linear fenceline required to be planted on exterior of outdoor storage area. Fences shall meet the height requirements of this ordinance. Metal fencing may be used where landscaping provides a complete year -round screen and is irrigated to ensure survivability in compliance. • Outdoor storage shall be allowed only on improved surface of asphalt or concrete. • Storage in shipping containers shall be prohibited. • There shall be no storage of hazardous materials, as defined by the Minnesota Pollution Control Agency. • Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure per the requirements of this ordinance. • The property, including buildings and exterior site areas, shall comply with all applicable fire codes. • All lighting and noise shall be in compliance with this Ordinance. NEXT STEPS Illustration example Discussion with property owners Vicki Leerhoff From: Stephen Grittman <sgrittman @nacplanning.com> Sent: Thursday, May 26, 2016 12:39 PM To: Angela Schumann Subject: RE: Outdoor Storage Language Thanks for the reminder — here are the two clauses, both for Conditional Use Permits, one for the lesser standard industrial district (1 -1), and one for the higher standard district (I -P). Let me know if you have any questions. -sg 1 -1, Light Industrial (lower standards): G. Open and Outdoor Storage as an accessory use, provided that: 1. The activity of outdoor storage shall require a separate business license issued by the City of Little Canada. 2. The storage area in question occupies an area no greater than sixty (60) percent of the gross square footage of the subject parcel. 3. The storage area shall not occupy any portion of the yard between the front building line and the adjoining public street, or the side building line and public street on a corner lot. 4. The storage is utilized solely by those tenants of the principal building in an amount proportionate to each tenant's occupancy of said principal building. 5. The outdoor storage of equipment or materials, as defined by this Ordinance, must be capable of moving under its own power, stored on a trailer, stored within weather -proof containers, or other storage arrangements as approved by the City Council. Storage of any material directly on the ground when the dimensions of such item are less than three (3) feet in width, length, and height, shall be prohibited wherever the City Council determines that reasonable alternatives exist consistent with this section. 6. When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and /or shipping materials. b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each seven thousand five hundred (7,500) square feet of lot area. d. Containers shall not be stacked or arranged to exceed the eight and onehalf (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. f. There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container. 7. Outdoor storage areas must be kept in an orderly condition, permitting vehicular access to all materials or equipment. Lanes at least twenty (20) feet in width shall be required to meet this standard. No portion of the outdoor storage shall be more than fifty (50) feet from any access lane or other drive aisle, nor shall it block access to hydrants, fire sprinklers, or other fire - fighting equipment. Except for construction equipment which is stored or parked in its most compact condition, outdoor storage may not exceed eight (8) feet in height as measured from the ground on which it is located. 8. The storage area shall be fenced and fully screened from adjoining non - industrial property, park and trail areas, and public right of way. Where properly fenced and screened, outdoor storage may encroach into the required side or rear yard setback area. Gates may be excluded from this screening requirement as provided for in Section 903.020.0.6. 9. Screening shall consist of masonry walls or fencing constructed of wood or vinyl, as well as landscaping. Metal fencing may be used where landscaping provides a complete year -round screen and is irrigated to ensure survivability in compliance with Section 903.020.F (Fences) of this Ordinance. 10. Waste or recyclable material shall be contained in a refuse container. All such containers shall be stored within a screened enclosure within the rear yard of the property. 11. The storage area shall be paved with asphalt, concrete, or other material approved by the City Council. 12. The storage area shall not occupy any space required for conformity to the parking regulations of the Zoning Ordinance. 13. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. 14. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residential uses, and shall be in compliance with Section 903.020.1 of the Zoning Ordinance. 15. All other provisions and requirements as deemed necessary by the City Council. I -P, Industrial Park District (higher standards): A. Open and outdoor storage as an accessory use, provided that: 1. Storage area, in combination with semi -truck or trailer parking as defined in Section 918.040.6 of this Ordinance does not exceed twenty -five (25) percent of the gross floor area of the principal structure or ten (10) percent of the lot area, whichever is less. 2. The area is fenced and screened from view of neighboring residential uses and districts in compliance with Section 903.020.G of this Ordinance. Depending on the height of the equipment and /or materials to be stored, additional screening may be required. 3. Storage is screened from view of the public right -of -way in compliance with Section 903.020.G of this Ordinance. Depending on the height of the equipment and /or materials to be stored, additional screening may be required. Gates may be excluded from this screening requirement as provided for in Section 903.020.0.6. 4. Storage area is black top or concrete. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Sections 902.020.1 of this Ordinance. 6. Area does not take up parking space as required for conformity to this Ordinance. 7. The provisions of Section 921.010.0 of this Ordinance are considered and satisfactorily met. 2 8. No outdoor storage area shall include storage of materials that are considered hazardous materials by the Minnesota Pollution Control Agency. 9. No outdoor storage shall be permitted in any yard except the rear yard of the property. In any yard, no outdoor storage area in the I -P, Industrial Park District, shall be closer to any property line than ten (10) feet. 10. When storage or shipping containers are utilized, the following regulations shall apply: a. Containers shall be those manufactured expressly for the purpose of storing and /or shipping materials. b. No container, for the purpose of this ordinance, shall be greater than forty (40) feet in length, eight (8) feet in width, or eight and one half (8.5) feet in height. c. No more than one (1) such container may be allowed for each fifteen thousand (15,000) square feet of lot area, but shall in no case exceed the provisions for outdoor storage in the I -P zoning district generally. d. Containers shall not be stacked or arranged to exceed the eight and onehalf (8.5) foot height. e. Containers shall be painted to match or be complementary in color to the principal building, and shall be maintained to avoid rusting or other visible deterioration of the container. f. There shall be no storage of hazardous materials, as defined by the zoning ordinance Section 902 of this Ordinance, within any such container. From: Angela Schumann [mailto:Angela .Schumann @ci.monticello.mn.us] Sent: Thursday, May 26, 2016 12:29 PM To: Stephen Grittman <sgrittman @nacplanning.com> Subject: Outdoor Storage Language Steve, Can you send me the outdoor storage language you referenced Tuesday? Angela Schumann, AICP Community Development Director City of Monticello www.ci.monticello.mn.us 763 - 271 -3224 Email correspondence to and from the City of Monticello government office is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 3 EDA Agenda: 06/08/16 9. Consideration of Director's Report (JT /AS) Community & Economic Development Technician Kerry Burri has resigned her position as Community & Economic Development Technician to pursue other opportunities. We wish her the best! The City will be interviewing candidates over the next few weeks and hope to have the position filled by the end of June. Clear Creek Land Project At the May meeting, the EDA directed staff to prepare the necessary document for amendment to the Otter Creek Covenants pertaining to loading docks facing Dalton Way. This discussion related to the proposed Dahlheimer /Clear Creek expansion. The EDA's attorney indicated that as the City which drafted and is the landowner party to the covenant documents, it was the City which was required to consent to the amendment to the covenants. As such, the City Council reviewed this item on May 23rd and approved the item on the consent agenda. The private landowner subject to the covenants also consented to the amendment. The Council item can be viewed here. Clear Creek Land Company, LLC has applied for the various land use approvals necessary to support the expansion project. The requests will be before the Planning Commission on June 7th, 2016. Staff has recommended approval of the various land use applications. Pending the outcome of the Planning Commission review, the applications will be forwarded to the City Council on June 27th. It should be noted that staff and the developer are working through storm water management issues related to the expansion. In reviewing storm water conditions for the Otter Creek area, the City Engineer may have recommendations relating to the larger Otter Creek business park in the future. Meeting with Monticello Workforce Center Staff — Exploring Labor Supportive Training Programs Since the May meeting, I had an opportunity to meet with the staff from Monticello Workforce Center to explore various workforce support programs that can be used in assisting existing firms and possible new companies relocating to the community. This is a learning process. I will report more to you as additional information is made available to me. Meeting with Xcel Energy on a Preferred Partner Marketing program In late May, a meeting was held with Xcel Energy on a new initiative preferred partner site marketing program. This effort is related to Xcel's recent identification of excess load capacity in their Monticello service area. They would like to feature available certified sites in Monticello on their website. The certification process is similar to the MN- DEED'S Shovel Ready site program. More information will be forthcoming from Xcel and I will share it with you as I receive it/learn more about it. EDA Agenda: 06/08/16 Reminder of the Volunteer Picnic on June 23, 2016, 6:00 p.m. to 7:30 p.m. at Ellison Park All EDA Commissioners and their families are invited to attend the Picnic. 2