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City Council Agenda Packet 05-22-2006 . . . Mayor: AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 22, 2006 - ? P'J11' Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf 1. Call to Order and Pledge of Allegiance 2A. Approve minutes of May 8,2006 regular Council meeting. 28. Approve minutes of May 9,2006 reconvened Board of Review 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and complaints. 5. Consent Agenda: (To be read by City Administrator) (H. A. Consideration of approving hires and departures for Parks, MCC and Liquor Store. B. Consideration of approving a request by Crostini Grille for an on-sale and Sunday liquor license. C. Consideration of approving an additional change order for library expansion project- service desk counter top installation. D. Consideration of adopting an ordinance amendment rezoning Sunset Ponds 2nd Addition from R-l to R-2 and R-2A. E. Consideration of approving a request for amendment to the Monticello Zoning Ordinance regulating directional signage or identification signs for institutional uses in the PS (Public Semi-Public District) Applicant: Resurrection Lutheran Church. F. Consideration of adopting a resolution accepting a donation from the Land of Lakes Choirboys for Riverfest and Fire Department and a donation from the Monticello Lions Club towards the War Memorial Lighting. G. Consideration of a request for final plat approval for four single family lots in an R-l (Single Family Residential) District. Applicant: West Side Market. Consideration of approval of preliminary plat for Niagara Falls residential development. Applicant: GP Land Corporation...J\,'\t)~ -.oz.. R~.' l\ 1. Consideration of approving vacant land purchase agreement - Muller Theater. 6. Consideration of items removed from the consent agenda for discussion. / 1 Agenda Monticello City Council May 22, 2006 Page Two 7. Public Hearing on proposed assessment for street light improvements School Boulevard/Deegan Avenue, Project No. 2005-22C. 8. Consideration to approve plans and specifications for the Cedar Street (Dundas Road to Chelsea Road) and Dundas Road (Cedar Street to Edmonson Avenue) Improvement Project No. 2006-02C. 9. Consideration of approving land exchange involving the Monte Club site and River City Lanes site in exchange for land in the Jefferson Commons development. 10. Consideration of approving bills for May. 11. Adjourn. . . . 2 . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 8, 2006 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order and Pled~e of Allel!iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of April 24. 2006 rel!ular Council meetin~. Glen Posusta clarified on the discussion relating to Walt's Pawn Shop that he had asked if the City had bond or letter of credit to cover the landscaping work. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE APRIL 24, 2006 REGULAR COUNCIL MEETING AS CORRECTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of A{>ril 25. 2006 Board of Review Glen Posusta noted that the Board of Review meeting was not adjourned but recessed until May 9, 2006. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 25, 2006 BOARD OF REVIEW MEETING AS AMENDED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND CLINT HERBST ABSTAINING. 3. Consideration of addin~ items to the a~enda. Tom Perrault asked that agenda item #10. Rejection of bids on the Hidden Forest/Niagara Falls Utility Project No. 2005-03C be moved to the consent agenda. 4. Citizen comments. petitions. reouests and complaints. None. 5. Consent Al!enda: A. Consideration of approving hires and departures for Parks, MCC and Liquor Store. Recommendation: Ratify the hires and departures as identified. 3 Council Agenda - 5/806 B. Consideration to review and accept the Year-End EDA Financial Statements, Activity Report and 2006 Proposed Budget. Recommendation: Move to accept the 2005 Year- End EDA Balance Sheet; Statement of Revenues, Expenditures and Changes in Fund Balance; Activity Report; and 2006 Cash Flow Projections as presented. C. Consideration of approving a temporary liquor license for St. Henry's Catholic Church for June 23,2006. Recommendation: Approve a temporary on-sale liquor license for St. Henry's Catholic Church for June 23,2006. D. Consideration of renewals of annual liquor licenses. Recommendation: Approve annual liquor licenses as noted below contingent upon approval of the application by the state and submission of proper insurance coverage: Intoxicatin~ Liauor. On-Sale (fee $3.750) 1. Monticello Liquor, Inc. 2. Blue 360 (Formerly Silver Fox) 3. Duane Lindenfelser dba River City Lanes 4. J.P.s Annex 5. Hawks Sports Bar 6. Monticello Country Club 7. Applebee's Neighborhood Grill & Bar 8. Guadalajara, Inc. 9. Rancho Grande Intoxicating: Liquor. On-Sale. Sunday (fee $200 - set bv statute) 1. Monticello Liquor, Inc. 2. Blue 360 (Formerly Silver Fox) 3. River City Lanes 4. VFW Club 5. American Legion Club 6. J.P.'s Annex 7. Hawks Sports Bar 8. Monticello Country Club 9. Applebee's Neighborhood Grill & Bar 10. Guadalaraja Inc. 11. Rancho Grande Non-Intoxicatine Malt. On-Sale (fee $275) 1. Monticello Men's Softball Association 2. China Buffet 3. Pizza Factory Non-Intoxicatine Malt. Off-Sale (fee $75) 1. Monticello Liquor, Inc. 2. Ri ver Terrace 3. Cruiser's Gas N Goods 4. Cub Foods 5. Maus Foods (D&C and Associates) 6. Wal-Mart . . . 4 . Council Agenda - 5/806 Club License {fee - set bvstatute based on membership 1. VFW - $500 2. American Legion - $500 Wine/Strom! Beer Combination License ($1.200) 1. Crostini's Grille 2. DeAngelo's Pizza & Pasta E. Consideration of approving City drainage improvements and cost-sharing in a river bank stabilization project at 401 Front Street. Recommendation: Approve the construction of drainage improvements on the adjacent City property and pay for 50% of the project on private property up to a maximum of $12,000. F. Consideration of a request for a conditional use permit for open and outdoor storage, open and outdoor sales and display and minor automobile repair in a B-4 District. Applicant: Jeffs Dream, LLClMoon Motors. Recommendation: Approve the conditional use permit for Moon Motorsports to allow for Open and Outdoor Storage, Outdoor Sales and Display and Light Auto Repair based on a finding that the proposed uses meet the requirement of the B-4 District, subject to the conditions listed below: l. 2. . 3. 4. 5. 6. 7. 8. 9. The applicant shall provide design details of proposed fencing. Applicant shall verify the turning radius for trucks entering and exiting the loading dock. The applicant shall provide at least one additional space for handicapped parking. The outdoor storage area shall be covered with a Class V surface - curbing is not required. The landscape plan shall be modified to illustrate that each individual lighting standard is landscaped. The total area of the five individual product identification signs and one wall business identification sign shall equal 100 square feet or less. Grading, drainage, erosion control and utility plans are subject to review and comment by the City Engineer. Wherever fuel pumps are to be installed, the applicants shall comply with safety installations in accordance with the City Building Official and Fire Department. The applicant revise parking calculations to be consistent with the revisions to the building square footage. G. Consideration of accepting quotes and authorize contract for extension of sewer and water to Kevin Tracy site in Jefferson Commons development. Recommendation: Authorize the extension of utilities to the Kevin Tracy site as a change order to the School Boulevard Project, City Project No. 2005-02C or to an alternate contractor as a separate project. H. Consideration of adopting a resolution accepting donation for Walk and Roll. Recommendation: Adopt a resolution approving the contribution and authorizing use of funds as specified by the donor. L . Consideration of adopting investment policy for management of public funds. Recommendation: Adopt a formal investment policy as outlined effective January I, 2005. 5 Council Agenda - 5/806 J. Consideration of approving Change Order No. 3 to extend sanitary sewer and watermain . past the proposed Karlsburger Foocls Site as part of the Chelsea Road (90th Street to CSAH 39) and School Boulevard Project No. 2005-11C. Recommendation: While the agenda item originally proposed that this work be done as a change order to a project that R.L. Larson was the contractor on, WSB also obtained a quote from another contractor, Barbarossa and Sons. The revised recommendation was to have this work done as a change order to one of the contracts that Barbarossa and Sons has in the City of Monticello at a cost of$195,289.50. K. Consideration of resolution ordering preparation of proposed assessment roll and calling for a public hearing on adoption of the assessment roll for School Boulevard/Deegan Avenue Street Lighting, Project No. 2005-22C. Recommendation: Adopt a resolution declaring the cost to be assessed as $364,227 and setting a public hearing on the proposed assessment for May 22,2006. L. Consideration of hiring Building Inspector. Recommendation: Move to offer the position of Building Inspector to Ron Hackenmueller. M. Consideration of allowing of encroachment into right-of-way to accommodate canopy overhang. Crostini's Grille. Recommendation: Move to authorize a license agreement between the City of Monticello and Crostini Grille for the use of public right of way for the purpose of a seasonal seating enclosure with the license agreement to run for a period of time as specified by the Council. . N. Consideration of rejecting bids, revising the project and authorizing the advertisement of bids for the forcemain and watermain extension along CSAH 39 as part ofthe Hidden ForestlNiagara Falls Utility Extension Project No. 2005-03C. Recommendation: Reject the bids and authorize advertisement for bids for the forcemain and watermain extension. Items #5E, #51, #5L and #5M were removed from the consent agenda and #10 was added to the consent agenda as item #5N. GLEN POSUST A MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E, #51, #5L AND #5M AND THE ADDITION OF #10 AS ITEM #5N. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a2enda for discussion. #5E River Bank Stabilization Project at 401 Front Street: City Engineer, Bruce Westby noted this item had been discussed by the Council at previous meetings and City staff has met with the property owner, the Wright County Soil and Water Conservation District and the DNR regarding this issue. There are varying opinions on what level of support the City should provide in stabilization of the river bank. Clint Herbst stated the property owner had pictures showing the . water running over the curb. Wayne Mayer said since a lot of the damage was on the west side it would indicate that the water was coming down the hill from the neighbors and not necessarily from the city street so he questioned whether the City should participate at 50% of the cost since it 6 Council Agenda - 5/806 . did not appear the City contributed that much to the problem. Clint Herbst felt since the City could not with certainty know the amount of runoff the City contributed, it would be hard to determine what percentage the City should participate in. He stated that property owners along the river have to take certain steps to prevent erosion of the river bank. Bruce Westby indicated that the City had moved the driveway apron and increased the pitch of the slope. The cost for doing this work and the cost of improvements to be made on the City owned property would be costs in addition to the 50% cost participation for the work on the Obyricki property. Wayne Mayer asked if $12,000 was the total cost to correct the problem or just the City's share of the cost. Bruce Westby clarified that the $12,000 was the cost for the work on the City property only. It was estimated that the total cost for the improvements on the City owned land, the relocation of the driveway apron and cost participation in the improvements on the Obryricki property would total approximately $25,000. Bruce Westby stated that the property owner had used plans prepared by WSB & Associates for the purpose of getting prices for the work to be done. The Soil and Water District will recreate the WSB plan and handle design and contracting considerations for the property owner. The City would pay up to 50% of the cost or a maximum of$12,000. City Attorney, Tom Scott indicated that the City will be preparing contract to reflect what was in the staff report. Brian Stumpf stated he had a concern that by the City participating in this project the City would be setting a precedent. . TOM PERRAULT MOVED TO APPROVE THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON THE ADJACENT CITY PROPERTY AND PAY FOR 50% OF THE PROJECT ON PRIVATE PROPERTY UP TO A MAXIMUM OF $12,000. CLINT HERBST SECONDED THE MOTION. THE MOTION CARRIED WITH WAYNE MAYER AND BRIAN STUMPF VOTING IN OPPOSITION. Wayne Mayer stated that while he thought something should be done, he did not agree with the 50% level of participation by the City. #51 Investment Policy: Tom Perrault questioned making this policy retroactive to January 1, 2005 and Wayne Mayer also questioned if it would be prudent for the Council to make a motion to go back to 2005 when it is already May of2006. City Administrator, Rick Wolfsteller stated the City has always followed the provisions contained in this policy but had never adopted a written investment policy. WAYNE MAYER MOVED TO ADOPT A FORMAL INVESTMENT POLICY TO BE EFFECTIVE AS OF MAY 8, 2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L Building Inspector: The Personnel Committee and staff interviewed five candidates for the Building Inspector position and recommended the City hire Ron Hackenmueller for the position. It was noted that Gary Anderson, Building Official agreed with the recommendation of the Personnel Committee. . TOM PERRAULT MOVED TO HIRE RON HACKENMUELLER FOR THE BUILDING INSPECTOR POSITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Agenda - 5/806 #5M Encroachment into right-of.way for Crostini's Grille: Crostini' s Grille is proposing an . enclosed patio to be located on Locust Street right-of-way. Tom Perrault questioned the time frame for allowing the encroachment to exist stating that right-of-way is normally used for snow storage and questioned whether having the structure in the right.of-way would complicate the snowplowing operations in that area. Wayne Mayer agreed and stated that while he did not mind having the tables set up he did question whether the structure should be in place before mid-May and up any longer than the end of October. Bob Hillman owner ofCrostini's Grille stated they are proposing to erect an aluminum structure in early April. After October they would remove the canvas skirting and leave only the aluminum structure. This structure would be decorated for the holidays and they are looking at making it a focal point for the downtown area over the holidays. Glen Posusta asked if the City would be held harmless for any damage that they may suffer as a result of their encroachment into the right-of-way. Wayne Mayer said while he encouraged happenings in the down town area, he didn't like the time frame that was proposed. Tom Perrault suggested that itbe tried one year and then evaluated. The Council questioned if the sidewalk on Locust Street was on the grid system and who was responsible for snow removal. John Simola, Public Works Director indicated the property owner is responsible. Glen Posusta was concerned about the City being held harmless if the structure collapsed or there was other damage. It was indicated the property owner has the responsibility to insure the structure. Wayne Mayer noted that the sidewalk on Locust street is wider so the encroachment might not be as bad of a problem. However, he noted other locations along Broadway where tables, etc. are being placed in the right-of-way. City Attorney Tom Scott said this case involves a structure which is somewhat unique and that is why the City is looking at an agreement. Most cities have something in their ordinance that allows placement of tables in the right-of.way area so long as pedestrian traffic is not impeded. For something like tables, an ordinance would be a more effective means of handling that than an encroachment agreement. Jeff O'Neill stated the City's ordinance does not allow encroachment into the right-of-way unless there is some kind of agreement. . BRIAN STUMPF MOVED TO ENTER INTO A LICENSE AGREEMENT WITH CROSTINI GRILLE FOR THE USE OF THE PUBLIC RIGHT OF WAY OF LOCUST STREET FOR THE PURPOSE OF A SEASONAL SEATING ENCLOSURE FOR THE PERIOD OF APRIL 15TH THROUGH OCTOBER 15TH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND TOM PERRAULT VOTING IN OPPOSITION. Clint Herbst stated he felt the City should allow more leeway with the time frame. Tom Perrault felt it should be approved for a one year period and then reevaluated. 7. Consideration of authorizin2: ne~otiations for the purchase of property at 413 West 6th Street. City Administrator, Rick Wolfsteller informed the Council that the City had been approached by the property owner west of the Kevin Tracy property near the National Guard storage area to see if 8 . Council Agenda - 5/806 they want to contribute to this proj ect. BRIAN STUMPF MOVED TO DENY THE PREP ARA TION OF A FEASIBILITY REPORT FOR THE PEDESTRIAN FACILITY IMPROVEMENTS REQUESTED BY THE SWAN RNER MONTESSORI CHARTER SCHOOL AND HAVE STAFF WORK WITH THE SCHOOL ON THE IMPROVEMENTS AND COME BACK TO THE COUNCIL WITH A RECOMMENDATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of award the Meadow Oaks and CSAH 39 Lift Stations and Forcemain Improvements. Project No. 2003-02C. Consulting Engineer, Bret Weiss reviewed the bids received. This project has been discussed for some time and is needed to improve the'capacity on the south side of the city and serve the property developing in that area. He explained that the estimated project costs have increased because the lift stations are also being replaced not just the pumps. The bid prices came in higher because of the increases in price for gasoline, concrete and pipe. The project will be funded by a special sanitary sewer trunk charge imposed on all the developments in the southeast area. Clint Herbst asked about Alternate # 1. Bret Weiss explained that the base bid covered the reconstruction of the Meadow Oaks Lift station and utilities along CSAH 75 and CSAH 39 and Alternate #1 was the reconstruction of the CSAH 39 lift station. Wayne Mayer stated that the bids were opened on May 4, 2006 and questioned whether there was sufficient time to get the bid result information to the Council earlier than on meeting night. He asked if there was a process where the Council could get this information earlier. Bret Weiss indicated they would both mail and e-mail this information to the Council once the bid tabulation was completed. The standby generators for the lift station will be bid separately. BRIAN STUMPF MOVED TO AWARD THE PROJECT FOR THE MEADOW OAKS AND CSAH 39 LIFT STATION AND FORCEMAIN IMPROVEMENTS, CITY PROJECT NO. 2003-02C TO BARBAROSSA AND SONS IN THE AMOUNT OF $1,480,493.20. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of rejectine bids. revising: the proiect and authorizine the advertisement of bids for the forcemain and watermain extension along: CSAH 39 as part of the Hidden Forest/Niag:ara Falls Utility Extension Proiect No. 2005-03C. Add to the consent agenda as item #5N and approved. 11. Consideration of Chanee Order No.2 relatine to CSAH 18/1-94 Interchanee. City Proiect No.2004-01C. The proposed change order in the amount of $424,402.50 resulted from the need to remove a large amount of concrete material. Although soil borings taken indicated that there was some concrete material washed out of trucks located on the site, the contractor encountered a much greater quantity of the concrete material. Since the material was a solid concrete block, standard . . . 10 . . . Council Agenda ~ 5/806 equipment was not able to handle the removal of the material. The contractor also uncovered other buried debris such as tires. TIle issue of the buried debris is something that should be addressed in current negotiations with the property owner. Clint Herbst questioned how such a large amount of material could be missed in the soil borings and felt this issue should be pursued with MnDOT. MnDOT's participation in the project was based on a lump sum amount and they will not pay anything in addition to that. Bret Weiss said they would go back to MnDOT regarding this item but he did not believe they would contribute anything more. Bret Weiss indicated the interchange project is on schedule. BRIAN STUMPF MOVED TO APPROVE CHANGE ORDER NO.2 IN THE AMOUNT OF $424,402.50 FOR R.L. LARSON EXCA VA TING, INe. FOR THE CSAH 18/I~94 INTERCHANGE PROJECT, CITY PROJECT NO. 2004-01 C AND SEE IF THERE IS ANY RECOURSE WITH MNDOT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of estabIishin2 a orocess for review of RFP's for Public Works Needs and Exoansion Study. As directed by previous Council action, Public Works Director, John Simola had sent out RFP's to ten firms. Seven of the ten firms responded back. John Simola was asking that a small group consisting of one member of the Council, the City Administrator, the Building Official, the City Engineer and himself be set up to narrow the field down to 3-4 firms for the Council to interview. Clint Herbst said ultimately the City would need to put a plan in place but he didn't know if this was the time. Brian Stumpf felt that something should be about the Public Works working space. John Simola explained the how the current facility is set up noting the that they are hurting for office space and work space. He felt this study would determine a plan that could be utilized for the next 20-30 years. Clint Herbst felt the concern was more with the space needed by the Water Department. The long term study is something to consider at later time but right now they should just address the immediate needs. Brian Stumpf cautioned that this long term planning should not get pushed back too far on the back burner. He felt the cost the study was a small amount for 20-30 year investment. Wayne Mayer agreed it was something that should be looked at but didn't feel now was the time. WAYNE MAYER MOVED NOT TO PROCEED WITH THE PUBLIC WORKS EXPANSION STUDY AT THIS TIME. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION. , Tom Perrault questioned why the Council even authorized sending out the RFP's and the time John Simola spent preparing the RFP. John Simola stated the prices received were in line with what was budgeted. He felt the Council should look closely at relocating the Water Department as far the impact it would have on shared equipment and shared staff. Glen Posusta questioned why the RFP's were needed and felt it was premature. He didn't see anything wrong with the 11 . . . Council Agenda - 5/806 Carrie & Lee McDo'llgall, .~Ol Hillcrest Cir~le, arein cl9se proximity to the co~post facilitY'. and didn't feel the operation created any major problems. Mr. Tindle stated the odor is noticeable when the compost material is turned. John Simola pointed out that with the trees removal by the utility company the screening of residences from the compost facility is gone. WAYNE MAYER MOVED TO HAVE THE COMPACTOR SET UP AT THE PUBLIC WORKS FACILITY AND LOOK IN THE LONG TERM AT RELOCATING THE COMPOST FACILITY TO ANOTHER SITE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. 14. Consideration of a request for a conditional use permit for a concept staee planned unit development for Rosewood Hei2hts. an 8-unit townhome development in a R-2 District. Applicant: Minnesota Development Aeencv. LLC. Jeff 0 'Neill provided a summary of what the Planning Commission approved for this proposed development. Two 4-unit single level senior housing townhomes are being proposed for the area located at the intersection of Palm Street and 4th Street. The proposed development meets minimum standards for permitted setbacks, open space and density. The Planning Commission felt the garage size should be increased to meet minimum standards. It is proposed that Palm Street be vacated and the vacated right-of-way will become part ofthe development. Prior to the vacation of Palm Street a cross easement will be needed to provide an adjacent property owner with access. The street is proposed for 28' with parking on one side. There was some discussion whether the street width was adequate for emergency equipment. Wayne Mayer stated that the proposals that have come before the Council all have 28' streets and he wants to know what kind of hassle this creates for the Fire Department. Clint Herbst stated his concern is having multi-family structures on lots that were formerly single family homes. Glen Posusta felt the proposal was better than what was there now. Brian Stumpf asked about the right-of-way for Vine street and the utilities in the area. John Simola indicated extension of the storm sewer would be the biggest problem and would require that the building be set back further. Clint Herbst reiterated his beIiefthat it was the wrong move to convert single family lots to multiple dwellings. The Council asked what the residents in the area felt about the proposed development. Staff indicated no one spoke at the public hearing held by the Planning Commission. Tom Perrault stated a resident had talked to him about concerns with this development. Wayne Mayer asked how the right of way issue would be handled. Jeff O'Neill stated the right of way could be sold to the developer or if the Council felt there were amenities in the development the vacated right-of- way could be given to the developer. Tom Perrault also stated he had concerns with the driveway off 4th Street. Staff indicated that could be addressed at development stage. BRIAN STUMPF MOVED TO APPROVE THE CONCEPT PUD FOR ROSEWOOD HEIGHTS BASED ON A FINDING THAT WITH COMMENTS MADE BY THE PLANNING COMMISSION AND CITY COUNCIL THE PROJECT WILL MEET THE CITY'S INTENT FOR PUD DESIGN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND WAYNE MAYER VOTING IN OPPOSITION. 13 Council Agenda - 5/806 15. Cons ide_ration of_ defiJ1in~ Comprehensiye }>lan ~pd~te p~ocess.. ."" '" '" ' """ '" "'"'''''' "",,""" "".. . The Council was asked to take two actions; 1) Determine what approach they want to use to get the public input for the update of the Comprehensive Plan and 2) Authorize staff to prepare contract documents with Hoisington Koegler. Rusty Fifield addressed the approaches that could be used to obtain public input. The traditional process would create a steering committed that works with staff and consultants throughout the process. The committee is the voice of the community in the process. The neighborhood focus which would be a number of public meetings focused on various locations throughout the community. The annexation area, industrial area or downtown area are examples oflocations that could be considered. The last process was the issue focus which are meetings held to focus on specific issues for the community. Clint Herbst stated he would prefer to use something other than the traditional approach to get the input needed. GLEN POSUST A MOVED TO SELECT THE NEIGHBORHOOD MEETING FOCUS AS THE PROCESS FOR THE COMPREHENSIVE PLAN UPDATE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO AWARD SAID PLANNING PROJECT TO HKG, INC. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. . Rusty Fifield said with the neighborhood focus it would be not be necessary to convene the task force early on in the process. The task force will function more as jury on the issues brought up. This condenses the role of the task force making it a four month commitment rather than a twelve month commitment. Rusty Fifield felt they would wait with appointing a task force until about the third or fourth quarter of the year. Clint Herbst suggested that the various boards and commission have people attend the neighborhood focus meetings Rusty Fifield said the Council should start thinking about what the neighborhoods should be. 16. Department Activity Report (Verbal) - Tom Moores. Street Department Tom Moores, Street Superintendent gave a verbal report on activities in the Street Department. There are seven employees in the street department and 53 miles of streets in the City that they maintain. In addition to the duties of snow removal, street sweeping and street repair, they have set up a boulevard tree trimming program and the compost facility is maintained by the Street Department. Besides working at Junk Amnesty Day, they have schedule other clean up days for staff. The Street Department does the maintenance on all the vehicles and equipment; 27 vehicles and 55 pieces of equipment. They have their sign inventory and vehicle maintenance records on the computer and are working on get their parts inventory computerized. Added Items: . Glen Posusta asked about trench on Meadow Oak Avenue. John Simola stated he met with 14 . . . Council Agenda - 5/806 n::presentatives form Xcel E~~rgy. 1:b~y indicated they~~d dug in.._ ~a!_Iocat!_o!lI<?_o~ing fo~ pipe ,md _ --. ,.-., , " , ,,'. ---.. stated they will not come back to fill in the trench and do restoration. Glen Posusta asked if the sod contractor would be responsible for that. John Simola indicated the contractor would be responsible for the dead sod except for the part covered up with sand. Glen Posusta asked about slow periods for office and public works staff and having the staff take time off without pay during these slow periods. John Simola stated he has not seen a slow time in the Public Works area. As the City continues to grow the work load increases as well. The Council asked that the change order on the library project be added to the next Council agenda. 17. Consideration of approvin2 bills for May. Wayne Mayor asked about the telephone equipment that was purchased for the Deputy City Administrator. Jeff O'Neill stated this equipment allows him to take pictures as well as store documents on it. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Adjourn. Brian Stumpf reminded the Council of the Board of Review meeting Tuesday, May 9, 2006 at 7 p.m. The meeting adjourned at 9:55 p.m. Recording Secretary 15 . MINUTES SPECIAL MEETING - BOARD OF REVIEW Tuesday, Ma,y 9, 200(i ~ 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault and Brian Stumpf Members Absent: Glen Posusta 1. Call to order. Mayor Herbst reconvened the Board of Review at 7 p.m. Lori Thingvold from the Wright County Assessor's Office was present. 2. Board of Review. At the April 25, 2006 Board of Review, the Council directed the assessor to meet with Shawn Weinand who Owns a number of commercial and industrial parcels to review the valuation of his property. Lori Thingvold submitted the recommendations of the assessor as follows; 155-011-000101 Reduce the value from $729,700 to $695,400. 155-011-000171 Reduce the value from $5,065,400 to $4,905,000. · 155-098-000020 and 155-098-000030 Change the classification of the parcels from commercial (233 & 243) to agricultural (101-0). 155-169-000010 Reduce the value from $784,100 to $686,100. BRlAN STUMPF MOVED TO APPROVE THE CHANGES TO PARCELS IDENTIFIED ABOVE AS RECOMMENDED BY THE COUNTY ASSESSOR. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Adjourn BRIAN STUMPF MOVED TO ADJOURN THE BOARD OF REVIEW AT 7:10 P.M TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary . 16 . . . Council Agenda - 5/22/06 SA. Consideration of approving new hires and de"artnres for MCC.(RW) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, As you recall, it is recommended that the Council officially ratifY the hiring of all new employees including Part-time and seasonal workers. In addition the Community Center has also hired an individual to fill the position vacated by Amy Dean Addy. A total of 40 applications for the position were received which were narrowed down to eight applicants which Kitty Baltos, MCC Director and representatives from the MCC Advisory Board interviewed. The interviewing group recOmmends the hiring of Sara Cahill. Sara is a resident of Monti celIo is currently working as the Director of Operations at Black Woods Banquet Center. It is expected that Sara will begin her new position as Operation/Programs Coordinator at the community center after Memorial Day and will be an excellent addition to the Current team. B. ALTERNATIVE ACTIONS: 1. RatifY the hiring/departures of the employees as identified on the attached list. c. SUPPORTING DATA: Lists of new employees. 17 NEW EMPLOYEES . Name Scharenbroich, Laura Lawrenz, Crystal Title Slide Attendant Slide Attendant Department MCC MCC Hire Date Class 4/29/2006 PT 5/8/2006 PT TERMINATING EMPLOYEES Name Pogotchnik, Derek Reason Voluntary Department MCC Last Day Class 5/4/2006 PT . . employee councillist.xls; 5/16/2006 18 Council Agenda: 5/22/06 . SB. . . Consideration of a ...... - -'. --.. license. (R W) Crostini Grille for an on-sale and Sunda li uor A. REFERENCE AND BACKGROUND: At the last meeting the Council approved the renewing the liquor licenses for 2006-2007. As part of that process a wine/strong beer license was renewed for Crostini Grille. The owner of Crostini Grille has since indicated he wants to change from a wine/strong beer license to a full on-sale liquor license. B. ALTERNATIVE ACTIONS: 1. Approved the change in the liquor license for Crostini Grille from a wine/strong beer license to a full on-sale liquor license contingent upon submittal of the certificate of insurance and payment of fee. 2. Do not approve the liquor license change for Crostini Grille. c. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the change in license be granted contingent upon submittal of the certificate ofIiquor liability insurance and payment of the license fee. D. SUPPORTING DATA: License application 19 . . . Council Agenda: 5/22/06 sc. . . C:'?ll~~_~~~~~.i_,?n.ofa~ditioll_~I~ltan_~eQrc!er for li~r3:ry ex~all_~ioll,_ Pl'olec!:::s~~il:~ d~sk counter top installation. (R W) A. REFERENCE AND BACKGROUND: One of the final items that needs to be completed so that the library project can be finalized out relates to installation of a new counter top surface for the service desk area. There is currently a dispute amongst the general contractor and the supplier of the A vonite Counter top. To briefly summarize, the Council approved a change order last fall that included $21,000 in change orders for the library project. Included in this amount was $6,636 for millwork modifications primarily to the service desk area to correct problems with seating and desk areas. As part of this modification, new A vonite counter tops were to be replaced since the original counter tops were scratched or cracked and should have been replaced. A month or so ago the architect had inquired as to whether the City would accept formica counter tops instead of the A vonite in order to get this issue resolved as there was a dispute between the millwork supplier, the counter top supplier and the general contractor as to who should be responsible for the replacement cost. Last fall Mr. David Steen of A vonite Counter Tops indicated they would take care of the problem. Recently this individual is no longer employed by A vonite and the company does not want to stand behind what their employee previously promised. A vonite will provide the counter top material free of charge to the general contractor but would not provide any labor for making the Counter top fit to our desk area. The general contractor, Greystone Construction Company, had never agreed to be responsible for installing or creating the counter top by A vonite in their change order and the cost to do so r estimated is at $2,500-$3,000. The original Avonite counter top is similar to a granite or sile stone counter top and would have an approximate $7,000-$8,000 material cost with another $2,000-$3,000 in labor if we were to just simply order a new counter top. While Avonite will provide the counter top worth $7,000-$8,000, Greystone will not hire someone to do the work of installing unless they are paid for the additional labor. Although normally one would expect the general contractor to be responsible for replacing defective material, this is a little unique in that the millwork modifications we requested revamped the service desk and Counter top area so that the original counter top no longer fits appropriately. As a result, we would have had to replace the counter top and would have likely been responsible for the cost of a new piece, but since the old one was scratched and defective, we expected it to be replaced at no charge. So while the material is being provided, Avonite is not willing to provide the labor to cut and install the Counter top, and that is the question Council is asked to address. B. ALTERNATIVE ACTIONS: 1. Council could authorize an additional change order of$2,500-$3,000 for the cutting, modification and installation of new A vonite counter top at the library. 21 Council Agenda: 5/22/06 2. Council could il1struct architect to continue negotiatiol1s wit~g~l1~!a}_~o~!r~~t~.r ap.d co"uiifer-top.suppHer-in hopes ofrescilvhlg the Issue without additional cost. 3. Council could ask the architect to cover the labor cost as it was their design ofthe service desk that needed to be rebuilt. C. STAFF RECOMMENDATION: Library staff has been waiting patiently for months in hopes of getting the counter top issue resolved and although we thought we had it accomplished last fall, there is still this dispute of the labor issue. Normally this would be a general contractor responsibility, but since we did make modifications to the service counter, it may be hard to expect the counter top supplier to be responsible for all of the replacement cost. The architect does not feel it should be their responsibility as the original design ofthe work stations were agreed to by library staff before bidding. In an effort to finally get the library project completed, it may be in the best interest of the City to authorize a change order for the additional labor to install the counter top as specified. D. SUPPORTING DATA: Copy of proposal by millwork supplier dated October 19, 2005 Greystone Construction change order dated October 20,2005. e.. e e 22 ",~,.--' ~ ,- . I' . . 1e/l~~~~~:~3 1218&812343 NORTHERN WOODWORK PAGE B1 NWI For Office Use. Onlv Fx: 10 (III/ "s.' 1/iI/SA /Yl ATC:------l"~i=- -~ Mfg; -/-/--- ---~ ---:Northern Woodwork,-Inc; 10/19/2005 CHANGE PROPOSAL - TO: Greystone Construction Company AnN: Ste.....e Chuba FAX: 952445-4191 FROM: Neil Peterson. Estimator ~: Monticello Library. Expansion - Monticello, M:n MODlFICA TION NUMBER: Front Desk Modific:3oons ADD: $4,220.00 Includ~ng sales tax, delivered jobsite, not im;talled, prefinished Items lncluded: At cabinet A2. we provide matecial only for raising cabinet height by 3"; at cabinets Cl & Cz, we wiH provide two complete new cabinets (removing lower shelf and dividers would be very difficult); at cabinets B I &'B2, we provide :filler material, new base and new finished end panels as needed to accommodate relocation of these two units; new countertop edges (prefinished ash lumber) where required to lI.CcoD.1IDodate the installation of new Avonite tops (tops soppIied by others); wire IID" hangers (OT possibly wire manago1nent trays); prefinisbed ash plywood panels at 3 sink locations, drawing 8D15; prennishing of all asb ite11.'ls, deHvery to the jobsite; sales tax., Items Excluded: Removal of drawer assembly at two units, cabinets Al & A2j to-uting of 4" x 6" slot in top side wall of cabinet at two units, cabinets Al & A2; relocation of two units. cabinets B 1 & B2. These mentioned excluded items need to be done at the site by your installers. Also c,.:;cluded arc: replacement topS (furnished by Avonite); data rings under all cabinets _ every 1 '.0'" typical (not sure what data rings are)j gate and gate jambs shown on detail SD 16 (no longer required per current floor plan). NO WORK WILL-BE PERFORMED ON THIS PROPOSED CHANGE UNTIL A SIGNED ANP DATED AUTHO]UZATJON IS REcEIVED BY FAX OR:MAlL (excopt &5 noted in "lU~MARKS") ACCEPTED BY: DA TE:_ 15&1 Hwy..S9 S.E. P.O, Bo:<. 654 Thief River Falls, MJ.~ 56701 phone 218.6Bl.2.305 Fax 218-681-23.13 W\'I-"\l! .!1wionl ine,coIl], 23 J:"""I. "llI"'Ilo. '1lt'"'(T Tr-.nrl"'-"" T""--' ti~:r~lUl'\Jn CONSTRUCTION COMPANY October 20, 2005 Kodet Architectural Group, Ltd. 15 Groveland Terrace Mpls., MN 55403-1154 Attn: Bruce Hassig RE: Monticello Library modified millwork proposal Dear Bruce: Per your request, we offer to provide the millwork modifications as required per the sketches provided by you; SD12R dated 9-26-05, SD13R dated 9-26-05, SD14R dated 9~ 26-05, SD15 dated 7-6-05 and SD 16 dated 7~6-05. Please see the following breakdown of costs for the modifications: Labor (32 manhours @ $45.00 / hr) Material by Northern Woodwork, Inc. Misc. material Sub-Total: 10% overhead & profit Total $1440.00 $4220.00 . $100.00 $5760.00 $576.00 $6336.00 I have contacted David Steen at Avonite regarding the replacement of the Avonite tops that have scratched and he plans to have a representative visit the library to inspect the tops and proceed with a resolution. This item will be handled separately. We have not included any labor to remove or reinstall the A vonite tops or material costs for the tops. Thank you for your cooperation. Sincerely, (\At (1 ! ll1~ O. (L StVJn A. Chuba Project Manager Copy - file 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 wwv..' .greyston econstruction. com Equal Opportunity Employer/Contractor Phone: (952) 496-2227 Fa.'\:: (952) <145-4191 . . . I 24 . . . 5D. Consideration of ado tin an ordinance amendment rezonio Sunset Ponds 2"' Addition lion; 1{:rfOR- ran-dR:i4;Uor-- _______ __ _____ _ _ . .. .. ___ __ _ Council Agenda: 5/22/06 A. REFERENCE AND BACKGROUN.I21 When the Wild Meadows development Was approved the entire development was rezoned from A -0 to R -I. SUbsequently the development Was renamed Sunset Ponds and when the first addition of Sunset Pouds Was platted Specific lots Were rezoned from R -1 to R -2. The outlots that Were Part of the plat remaiUed as R -I. Sunset Ponds Second Addition Was created from Outlots E, H and 1 of Sunset Ponds First Addition. AlthoUgh the plat of Sunset Ponds Second Addition Was approved by the City Council there was never a rezoning action by the City. The attached ordinance amendment changes the Zoning from R -1 (the Zoning of the outlots) to R-2 and R-2A to reflect the design standards of Sunset Ponds Second Addition. B. .aLTERNATIVE ACTION~ 1. Adopt Ordinance No. 445 which changes the zoning for the lots in Sunset Ponds Second Addition from R-l to R-2 and R-2A. C. 2. Do not adopt the ordinance amendment. STAFF RECOMMENDA TI01Y.;. D. Adoption of the ordinance amendment would correct the zoning of Sunset Ponds Second Addition to reflect the design standards that Werc approved when the final plat Was approved. Staff considers this a housekeeping matter and recOl111nends approval of the ordinance amendment. ~UPPORTING DA T 1\1 Ordinance Amendment No. 445 25 .... . . CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA -... .--.- QRnLNANCKNO.-445__ ......___. AN ORDINANCE REZONING PROPERTY FROM R-l TO R-2 AND R-2A SUNSET PONDS SECOND ADDITION THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: The Official Zoning Map of the City of Monticello is hereby amended to rezone Sunset Ponds 2nd Addition from R-l to R~2 and R~2A as follows: R-1A: Lots I -2, Block I Lots 1-13, Block 2 Lots 1-20, Block 3 R-l: Lots 1-4, Block 4 Lots 1-50, Block 5 Lots 1-8, Block 6 This ordinance is effective upon its passage and publication. Adopted by the Monticello City Council this 22nd day of May, 2006. ATTEST: Clint Herbst, Mayor Rick W olfsteller, City Administrator 26 Council Agenda: 5/22/06 B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. Decision 1: Zoning Ordinance amendment allowing two additional 36 square foot signs for institutional uses in the P-S zoning district. 1. Motion to recommend approval of an amendment, allowing an increase in the number and size of institutional identification signage to allow 2 additional signs at a maximum of 75 square feet total, in addition to existing institutional identification signage.~ \'jS 5.Ct _ 2. Motion to deny the amendment, based on a finding that the current ordinance provides for adequate communication of such properties. 3. Motion of other C. STAFF RECOMMENDATION As noted above, staff would not recommend an increase in the size of directional signage such as that requested by the applicant, although a larger identification sign allowance would be common as compared to regulations in other communities. If the City decides to approve an amendment, alternative number 1 above is most appropriate to the type of signage requested by the applicant. D. SUPPORTING DATA A. Sign Ordinance B. Applicant Sign/Site Images ~&.. .~ C 2 . . . 28 . . . , 3-8: MINING: Under this ordinance, mining is the extraction of sand, gravel, or other material from the land in the amount of four hundred (400) cubic yards or more and removal thereof from the site without processing. Mining shall be allowed only under the tem1S of a development agreement for subdivision or by the issuance of a conditional use pem1it in all districts. Such pennit shall include as a condition thereof: ., I. a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and route of trucks moving to and from the site, 2 shall regulate the type of material mined from the site, 3. a program for rodent con trol, 4. a plan for fire control and general maintenance of the site, 5. controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site, 6. a calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates, and 7. the submission of a surety by the applicant in an amount determined by the City Engineer to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur and repairing the degradation of roadways Llsed to transport soils. Subject to the terms of an approved subdivision development agreement or conditional lIse penn it, a grading permit allowing mining shall be issued by the City Engineer and City Building Official. Upon application for a grading permit for mining, a fee for grading permit shall be paid to the City by the applicant. Such fee shall be detem1ined by City Council resolution. (#322,4/12/99) 3-9: SIGNS: [A] PURPOSE: This subdivision is established to protect and promote health, safety, general welfare, and order within the city of Monticello through the establishment of a comprehensive and impartial series of standards, regulations, and procedures governing the type, numbers, size structure, location, height, lighting, erection, use and/or display of devices, signs, or symbols serving as a visual communication media to persons situated within or upon public right-of- ways or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate Llse of communication facilities. MONTICELLO ZONING ORDINANCE ]146 29 I [B] PERMITTED AND PROHIBITED SIGNS: 1. PERMITTED SIGNS: The following signs are allowed without a pennit but shall comply with all other applicable provisions of this subdivision: ., (a) Public signs "'" (b) Identification signs: There may be one (I) per premise not to exceed two (2) square feet in area. If the sign is freestanding, the total height may not exceed five (5) feet. (c) Integral signs (d) Political campaign signs: Shall not exceed twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that person shall be responsible for its removal. Signs shall remain in place for no longer than five (5) days after the election for which they are intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) day limit and assess a fee of five dollars ($5.00) per sign for removal. (e) Holiday Signs: Displayed for a period not to exceed thirty (30) days. (f) Construction Signs: Such signs shall be confined to the site of the construction, alteration, or repair, and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner as detennined by the City Building Inspector or his agent. One (I) sign shall be permitted for each major street the project abuts. No sign may exceed fifty (50) square feet. (g) Individual Property Sale or Rental Signs: Signs must be removed within fourteen (14) days after sale or rental of property_ Signs may not measure more than four (4) square feet in "R" districts, nor more than twenty (20) square feet in all other districts. There shall be only one (I ) sign per premise. Corner properties, however, may contain two (2) signs, one (I) per frontage. r (h) Information/Directional Signs: Shall not be larger than ten (10) square feet and shall conform to the location provisions of the speci fie district. (i) Portable Signs (as defined j Section 3-9.(B).2.(e).i) Such signs shall be subject to the following requirement: MONTICELLO ZON ING ORDINANCE 3/47 . . . 30 I . . . I The signs shall be allowed only within the CCD, Central Community Zoning District. 2. The signs shall occupy the public or private sidewalk area within five (5) feet of the entryway of the business it serves. 3. The placement of the signs shall not impede pedestrian or vehicle circulation. If on the public sidewalk, such signs shall be placed so that no less than six feet of sidewalk is available for passing of pedestrians. 4. The signs shall display messages oriented toward pedestrians. 5. The signs shall not have electrical connections, nor include any lighted or moving component. 6. The display of such signs shall be limited to the hours of the business it serves. 7. The signs shall be constructed of wood or other matcl-ials detennined acceptable by the City. Color ancl design shall meet the design guidelines for the CCD zoning district, and shall not be composed of "fiourescent" colors. The maximum size of such signs shall be no greater than five (5) feet in height and six (6) square feet in area and must comply with all other regulations of th is ordinance. 8. 9. Any sign placed under this section shall infer an indemnification of the City of Monticello by the owner of the sign for any liability or claim made involving the sign or sign location. 10. No such sign shall be connected or attached to any public structure, includmg light poles, traffic control devices, public street furniture, utility equipment, or other such facility. (#403,11/10/03) 2. PROHIBITED SIGNS: The following signs are specifically prohibited by this paragraph. (a) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. (b) Any sign which contains or imitates an official traffic sign or signal, except for pri vate, on-premises directional signs. (e) Any sign which moves or rotates. Exempt are time and temperature infon11ation and barber poles. MONTICELLO ZONING ORDINANCE 3/48 31 I (el) Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or similar devices, except in case of Subsection [C], Paragraph 4, (e) Portable signs as defined in i belo\v and other attention-getting devices as , defined in iii-v below, except as allowed in Section 3-9.(B). I (i) and as provided for in Subsection [C], Paragraph 4 (#403, 11/10/03) 1. Portable signs shall be defined as an adveI1ising device not pennanently attached to a building, facade, or pylon. 11. Banners shall be defined as fabric, paper, vinyl, or similar material which carries a specific message and which can be hung on a wall, facade, awning, canopy, sllspension cable or wire, etc. lIt. Streamers/Pennants shall be defined as f1ags, triangular pennants, spirals, spinners, etc., attached in series to a single cord or support line which is then strung or suspended from point to point. IV. Inf1ated devices shall be defined as inf1atable devices which may be stationary or airborne (but tethered) which are intended to attract attention to a specific location or site. v. Searchlights - self defining. (#150,5/27/86) (f) Signs which are attached in any manner to trees, fences, utility poles, or other such pem1anent supports, except for those signs found on fences (inside) of baseball parks. (g) Advel1ising signs of 200 square feet or more in place on or before June 23, 1980, and which are the principal use of the lot of record as of the above date and which have an agreement on file with the City on or before August 23, 1980, in the form so designated by the City Administrator, which is signed by the propel1y owners and the advertising sign owners and all signatures notarized, may continue as a non- confol1ning use until sucb time as the lot of record above is developed or improved, in which case, the non-conforming adveI1ising sign must be removed within 60 days after written notice from tbe Building Official. (h) Advertising signs as defined in Chapter 2 of this ordinance of 199 square feet or less in area, except that those signs which were in place on or before 8/I 5/75 may continue as a non-conforming sign. (i) Except for Electronic Message Board Signs as allowed in Section 3 [E]4.(f). No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempt are time and temperature infonnation and barber !'vIONTICELLO ZONING ORDINANCE 3 W) . . . 32 . . . I poles. All displays shall be shielded to prevent light to be directed at on- coming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. (1110/00, #340) , U) Roof Signs. (k) Projecting Signs except as hereinafter provided. (#334,9113/99) [C] GENERAL PROVISIONS: I. All signs shall comply with Maintenance Section 5-305 of the 1970 Edition of Volume V of the Uniform Building Code as promulgated by the International Conference of Building Officials. 2. When electrical signs are installed, the installation shall be subject to the City's Electrical Code. 3. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon any public lands or easements or right-of-ways. 4. The temporary use of portable signs, decorative attention-getting devices, and searchlights shall require an annual or daily pem1it. (a) An annual permit for portable signs, as defined herein, shall be granted for a maximum period of forty (40) days per calendar year. As a condition of the annual permit, applicant shall maintain a daily record of the use of portable signs on a fon11 provided by the City. (#238,6114/93)(#150,5/27/86) (b) A pennit for decorative attention-getting devices shall be issued for a maximum period often (10) days with a minimulll period of one hundred eighty (180) days between consecLltive issuance of such permits for any property or parcel. (c) All portable signs and attention-getting devices must be well maintained and kept in good repair at all times. The Building Official shall order the immediate removal of any device considered to be damaged or in poor condition. Non-compliance sball be just cause for revocation of the pennit without refund. (d) All portable signs and attention-getting devices shall be allowed only on the property or site where the business or enterprise is situated. No placement shall be allowed on public rights-of-way. (e) All pOl1able signs and attention-getting devices shall be on ground MONTICELLO ZONING ORDINANCE 3.150 33 I level except that banners and streamers may be affixed to a building, facade, permanent pylon sign, or other pemlanent fixture. Airborne inflatable devices shall be tethered on site. ;, (f) Not more than two (2) pOl1able signs shall be displayed at the same time. (g) Not more than two (2) attention-getting devices shall be pemlitted to be displayed in conjunction with any portable sign. (b) A decorative attention~getting device may bear the name of the business, but shall not bear any service, product, price, etc., advertising message. (i) Permit fees shall be set by the City Council and shall be payable upon application for said permit. (# 150,5/27/86) (j) Public banners may be hung from city street light fixtures for a period of up to one (I) year. Design and placement of the pubIlc banners shall be consistent with the following standards: I. Design and placement of public sign/decorative banners must first be approved by the City Counci I and annually thereafter. Prior to Counci I consideration, appl i can t shall submit a banner placement plan which shows proposed banner design, size, pole location/elevation, duration, and proposed manner by which the banners shall be hung. Banner placement plan shall also describe financing sources for purchasing and installing public banners. 2. Public banners may be hung from parking lot light fixtures or from other structures on private property only in conjunction with a City Council approved public banner system. Except for requirements outlined in section 4.(j) of this ordinance, said banners are exempt from sign regulations. The City shall not participate in financing any p0l1ion of the cost of publ ic banners placed on private property. City crews may assist with the installation of public banners placed on private property if compensated at actual cost to install banners. 3. Except for Christmas banners, all banners shall contain an element of the City colors and/or City logo. No private advertiSing may be allowed on any banner hung in conjunction with a public banner system. 4 Public banners hung from streetscape fixtures shall be no larger IvIONTICELLO ZONING ORDINANCE 3/51 . . . 34 . . . I than 14" by 45". Banners hung from standard street lights shall be no larger than 28" by 80". 5. Public banners shall not be hung in a position that will cause a substantial obstruction of visibility from the stree~ to advertising, traffic, and directional signs and shall not be hung in a position so as to interrupt corner sight lines. 6. Public banners may be hung only on alternate streetscape fixtures unless otherwise approved by Council. 7. Banners placed on City fixtures shall become the prope11y of the City. If damaged or in need of repair, banners may be removed by City staff. The public banner system may be discontinued, and all banners, including those on private propel1y, may be ordered removed at the discretion of the City Council. 8. The bracket system used to hang banners shall be of sufficient strength to withstand strong winds and shall be designed in a manner that allows easy installation and removal of banners. 5. All signs shall display in a conspicuoLls manner the owner's name, permit number, and date of erection. 6 All height restrictions on signs shall include height of sign structure. <\( 7. In any district, any portion of any sign exceeding two (2) square feet shall be set back a distance equal to fifty percent (50(1'0) of the required building setback for that district as defined in Section 3-3 [C] of the Monticello Zoning Ordinance, as may be amended. (#269,5/8/95) 8. Any sign now or hereafter existing which no longer advertises, or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the benefIcial use and/or control of the building or structure upon which the sign may be found WIthin ten (10) days after written notice from the Building Inspector. 9. The City of Monticello or its agent is authorized and required by this ordinance to enter into an agreement with the United States or any of its agencies or departments to the end that the objective stated in Title 23, United States Code, Section 131, Section 319, or any other app licable federal statute to obtain non-conforming signs along the Great River Road within the city of Monticello. However, the City of Monticello or its agent shall not be required. nor allowed, to expend funds for the acquisition of non-conforming signs or advertising devices under this chapler until federal funds in the amount of 75% or more to his ~IONTICELLO ZONING ORDINANCE 3/.52 35 acquisition cost are made available to the City of Monticello for the purpose of carrying out this ordinance. No sign nor advel1ising device legal under Laws 1971, Chapter 883, shall be required to be removed or relocated until payment, as provided in Laws 1971, Chapter 883, is tendered by the City ofMonticellci. 10. Signs may be located on conforming fuel station pump island canopies_ Such signs shall be considered as wall signs, and shall be regulated in the same manner as any other wall signs on the property. (#247,3114/94) [D] NON-CONFORMING SIGNS: I. The following are non-conforming signs: (a) Offpremise signs, except signs located inside ball parks and on bus benches. (b) Prohibited signs. (c) All other signs not expressly prohibited but which do not confonn to the provisions of this subdivision. 2. A non-conforming sign may not be: (a) Changed to another non-confolming sign. (b) Structurally altered except to bring into compliance with the provisions of this subdivision. (c) Expanded. (d) Re-established after its removal for thit1y (30) days. (e) Re-established after damage of more than fifty (50) percent of sign replacement cost except to bring into compliance. 3. All non~conforming and prohibited signs shall be removed or brought into confonnity with this ordinance after notification in writing within the following time period. (a) Any sign in violation of the prohibited signs as defined in [8] 2: Thirty (30) days (exception: advertising signs, five (5) years) (b) For all other non-conforming signs: five (5) years. 4, Notwithstanding any other requirement in Section 3-9 of this Ordinance to the contrary, off-premise or adveJ1ising signs lllay be relocated as MONTICEllO ZONING ORDINANCE ""'I '-... ,)/).1 . . . 36 . . '3 q [~) c . follows: (a) This section shall apply exclusively to off-premise advertising signs of200 square feet or greater that have a specific, written, fee or leasehold interest in the property on which they are currently , located, and which are required to be removed pursuant to City acquisition as part of a City utility or road project. (b) Such signs may be relocated to another part of the same parcel on which they were located at the time of the acquisition by City Council resolution. (c) Such signs may be relocated to another vacant parcel subject to the application for and approval of an Interim Use Pennit per the requirements of the Monticello Zoning Ordinance. (d) In addition to any other requirements or restrictions deemed appropriate by the City Council, the owner of such relocated sign under (b) or (c) above shall not enter into any lease that extends the duration of such sign beyond the soonest termination date to which the sign is subject at the time of the relocation. Upon such date, the relocated sign shall be removed and shall not be re- established within the City limits of the City of Monticello. ( e) The owner of any sign relocated pursuant to this section shall enter into an agreement with the City of Monticello providing for the date of removal and the terms of any lease or other contract goveming the relocation. (#423,4/11/05) [E] DISTRICT REGULATIONS: The following sections concern signs whIch require application and permit. ...---.- 1. "~ \l5 Within the A-O, R-l, R-2, R-3, R-4, and PZR districts, signs are subject to the following size and type regulations: << (a) Institutional or area identification signs, provided that the gross square footage of sign area does not exceed eighteen (18) square feet, and if the sign is freestanding, the height does not exceed ei gh t (8) feet. (b) Public signs, including public signs that display infonnation electronically, provided that the gross square footage of sign area does not exceed sign height and size requirements identified in Section 3-9[E]4c of the Monticello Zoning Ordinance (#314,8/10/98) c) I Within the PZM, 8-1, B-2, 8-3, 8-4, C:CD, 1-1, I-lA, and 1-2 districts, MONTICELLO ZONING ORDINANCE 3/54 I 37 I signs are subject to the following size and type regulations: (#298, ] 0/13/97) (#334,9/13/99) , (a) Within the PZM and B-1 districts, the maximum allowable square footage of si!:,'11 area per lot shall not exceed the sum of one (]) square foot per front foot of the building plus one (1) square foot for each front foot of lot not occupied by a building, up to one hundred (100) square feet. Each lot wil! be allowed one (I) pylon or freestanding sign and one (I) wall sign or two (2) wall signs totaL (b) F or buildings in which there is one (I) or two (2) business uses within the B-2, B-3, B-4, CCO 1-], I-I A, and ]-2 districts, and for buildings used for commercial retail activities located within a PZM district and located on property adjacent to B-2, B-3, B- 4,CCD, I-I, ]-] A, or 1~2 districts, there shall be two (2) options for permitted signs, as listed below in 2(b)i and 2(b)ii. The property owner shall select one option, which shall control sign development on the property. (#298, 101l3/97) (#334,9/13/99) I. Option A. Under Option A, only wall signs shall be allowed. The maximum number of signs on any principal building shall be six sign boards or placards, no more than four (4) of which may be product identification signs. Signs may be displayed on at least two walls, or equal to the number of streets upon which the property has legal frontage, whichever is greater. Each wall shall contain no more than two product identification signs and two business identification signs. The total maximum area of wall signs shall be determined by taking twenty percent (20%) of the gross silhouette area of the front of the building up to three hundred (300) square feet, whichever is less. Ifn principal building is on a corner lot, the largest side of the building may be used to determine the gross silhouette area. For purposes of determining the gross area of the silhouette of the principal building, the silhouette shall be defined as that area within an outline drawing of the principal building as viewed from the front lot line or from the related public street(s). 11. Option B. Under Option B, a combination of \vall signs ane! a maximum of one (I) pylon sign may be utilized. The total number of business identification signs ivlONTICELLO ZONING ORDINANCE ..., /- ~ J)) . . . 38 . . . I allowed (whether wall or pylon) shall be at least two (2), or equal to the number of streets upon which the property has legal frontage, whichever is greater. Only two product identification signs shall be allowed, and thesewall signs may be only on one walL The total maximum allowable sign area"'for any wall shall be determined by taking ten percent (10%) of the gross silhouette area of the front of the building up to one hundred (100) square feet, whichever is less. The method for detemlining the gross silhouette area shall be as indicated in Subd. 2.(b)i. Above. Pylon signs shall be regulated as in Subd. 4 below. For single or double occupancy business structures, the total maximum allowable signage on the propeJiy shall be three hundred (300) square feet. For multiple occupancy structures, the total maximum allowable signage on the property shall be as detel1llined under Subd. 3 below. (#272,06/26/95) (#230, 06/22/92) (#247,03/14/94) (#265, 12/12/94) 3. Conditional Uses in Commercial and industrial Districts: The purpose of this section is to provide aesthetic control to signage and to prevent a proliferation of individual signs on buildings with three (3) or more business uses. The City shall encourage the use of single sign boards, placards, or building directory signs. (a) In the case of a building where there are three (3) or more business uses, but which, by generally understood and accepted definitions, is not considered a shopping center or shopping mall, a conditional use shall be granted to the entire building in accordance with an overall site plan under the provisions of Option A or Option B (described in 2 (b) i and ii above) provided that: 1. The owner of the building files with the Zoning Administrator a detailed plan for signing illustrating location, size in square feet, size in percent of gross silhouette area, and to which business said sign is dee! i cated. 11. No tenant shall be allowed more than one sign, except that in the case of a building that is situated in the interior of a block and having another building on each side of it, one sign shall be allowed on the front and one sign shall be allowed on the rear provided that the total square footage of the two signs does not exceed th:.> maximum MONTICEllO ZONING ORDINANCE 3/56 39 allowable square footage under Option A or Option B described in 2(b)i and ii above. !II. No individual business sign board/placard shall exceed twentifive 'percent (25%) of the total allowable sign area. IV. An owner of the building desiring any alteration of signs, sign location, sign size, or number of signs shall first submit an application to the Zoning Administrator for an amended sign plan, said application to be reviewed and acted upon by the Zoning Administrator within ten ( 10) days of application. If the application is denied by the Zoning Administrator, the applicant may go before the Planning Commission at their next regularly scheduled meeting. v. In the event that one tenant of the building does not utilize the full allotment of allowable area, the excess may not be granted, traded, sold, or in any other way transfen"ed to another tenant for the purpose of allowing a sign larger than twenty-five percent (25%) of the total a]!mvable area for signs. VI. Any building identification sign or building directory sign shall be included in the total allowable area for signs. VI!. Any sign that is shared by or is a combination of two or more tenants shall be considered as separate signs for square footage allowance and shall meet the requirements thereof. VIII.. All signs shall be consistent in design, material, shape, and method of illumination. (b) In the case of a building where there are two (2) or more uses and \.-vhich, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit may be granted to the entire building in accordance to an overall site plan indicatIng their size, location, and height of all signs presentee! to the Planning Commission, (#396,7/28/03) A maximum of five percent (5%) of the gross area of the front silhouette shall apply to the principal building(s) where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use M01"TICEllO ZONING ORDINANCE V-'7 ~ ) f . . . 40 . . . I pennit to abuilding, the building may have one (I) pylon or freestand~'ng sign identifying the building which is in confonnance with this ordinance. For purposes of determining the gross area of the silhouette of the principal building(s), the silhouette shall be defined as that area within the outline drawing of the principal , building(s) as viewed from the front lot line or from the related public street(s). For shopping centers of greater than one hundred fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two freestanding signs may be permitted tInder this section. The applicant may construct t\\'o pylon-style signs in conformance with this ordinance, or in the alternative, may constmct one pylon-style and one monument- style sign. When this latter option is chosen, the monument sign shalJ be no greater than eighteen (18) feet in height nor more than one hundred (100) square feet in area, and the pylon may be no greater than fifty (50) feet in height and four hundred (400) square feet in area. (#396,7/28/03) (c) Signs for promoting and/or selling a development project: For the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of adve11ising surface may be erected on the project site. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty- one (51) acres, one, two, or three signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of Supp0l1ing structures. Such signs shall not remain after ninety-five (95) percent of the projeCl is developed. Such sign permits shall be reviewed and renewed annually by the City Council. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for bus i ness purposes. 4. Pylon Sign: The erection of one (I) pylon sign for any single lot is al lowed under the following provisions: (a) Location: No pylon sign shall be located closer to the property line than as allowed in Section 3-9 [C] 7. In the case of a corner lot, both sides fronting on a public nght-of-way shall be deemed the front. (#269, 5/8/951 MONTICELLO ZONING ORDINANCE 3'58 41 I (b) Parking Areas, Driveways: No part of the pylon sib1JlS shall be less than five (5) feet from any driveway or parking area. (c) Area, Height Regulations: ., SPEED AREA HEIGHT ROAD CLASSIFICATION (MPH) (SO FT) FEET Collector 30 25 16 35 50 20 40 100 24 Major Thoroughfares 30 50 18 35 100 22 40 125 24 45 150 26 50 175 28 Freeways and Expressways 55 200 and above NA 50- 100 32 Highway 25 22 1. In the case of subject property directly abutting State Highway 25, pylon sign area may range from 50 sq ft to 100 sq ft depending on total I ineal feet fronting Highway 25. 3.03 feet of pylon sign area is allowed per every 10 feet of lineal frontage with the following exceptions: I) all properties may erect a pylon sign with a sign area of 50 regardless affront footage abutting Highway 25, and 2) the maximum pylon sign area shall not exceed 100 sq ft regardless of total lineal footage of property abutting Highway 25. (#173,4/10/89) (d) Definitions: Definitions of road classifications apply as defined by the official comprehensive plan as adopted. (e) Application: The level at which the sign control system applies is determined by the type of road, as defined above, which directly abuts the subject property. 1. In the case of subject property directly abutting more than one (I) road, each designated by a different road classification type, the less restnctive classification shall MONTICELLO ZO\,JING ORDINANCE 3/59 . . . 42 . . . , I apply in detennining sign area and height. Ii. Actual sign height is detennined by the grade of the road from which the sign gains its principal exposure. IIi. Area as detennined by the fonnula under 3 (c) above, applies to one (I) face of a two (2) faced pylon sign, or two (2) faces of a four (4) faced sign, etc. IV. A bonus allowing "freeway standard signs" (200 sq ft in area and 32' high) in a commercial or industrial area is available to all businesses located within 800 feet of a freeway but do not abut a freeway. (f) Electronic Message Boards may be allowed in the B~3 and B-4 Zoning Districts and on those parcels within the CCD Zoning District which have direct frontage on Trunk Highway 25 south of 4th Street, as a part of the freestanding or pylon sign display provided that: i. The sign complies in all other respects with the sign regulations of the Zoning Ordinance. Ii. The sign cloes not create a traffic hazard or a nuisance. IIi. The sign does not flash its message, although continuous scrolling text is allowed. IV. The sign meets all requirements of the City's Building and Electrical Codes. v. The sign does constitute a separate or additional freestanding sign support structure. The sign must be otherwise allowed under this ordinance as a pylon sign or must be a part of an allowed pylon sign plan as defined herein. Vi. The electronic message board portion of the sign does not constitute more than fifty percent (50%) of the allmvable pylon sign area, or seventy (70) square feet, whichever is less. ( #340, 1110/00) (g) In the B-3 Zoning District only, certain parcels may be allowed to construct a second freestanding sign on the property when the following conditions are complied with: MONTICELLO ZONING ORDINANCE 3/60 43 I 1. The property directly abuts Interstate 94 and one other collector (or higher) status street. . 11. The property in question is no less than t\VO (2) acres in area. , Ill. The second freestanding sign shall be located no closer than three hundred (300) feet from the first freestanding sign on the same property. IV. Only one of the two freestanding signs may be located within any yard (front, rear, or side) of the property_ This clause shall be interpreted to mean that each sign shall be required to have a separate roadway as its primary exposure. v. Where two freestanding signs are allowed, the sign that fronts on the road which serves as the primary access shall be of a monument design, with a maximum height of ten (10) feet and a maximum square footage of sixty (60) square feet. VI. Where two freestanding signs are allowed, the sign that fronts on the freeway exposure shall confoll11 to the provisions of Section 3 [E] 4. (c) above. . This section shall not be applied to the calculations for VII. signage when an applicant is seeking development design flexibility uncler the City's Planned Unit Development proVisions. VIII. Both signs allowed under th is subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance. (6/1 1/01, #36]) 5. Address Numbers Sign: A minimum of one (1) address number sign shall be required on each building in all zoning districts. (a) Location: The address numbers shall be so placed to be easily seen from the public street. (b) Size Regulations: The address numbers shall not be less than three and one-half(3-1/2) inches in heIght. (el Material Regulation: The address numbers shall be metal, plastic, or wood. ivl ONTICELlO ZO N I NG ORD IN A NeE . 3/61 44 . I (d) CQlor Regulation: The address numbers shall be in a contrasting color to the color of the building/dwelling. (~) EI1fo[Celnel}t Regulati on: Ib~ B )Jijd.!l1g_ Official. or Zon ing Adn1inistrator or their authorized representative shall: 1. Assign all new building/dwelling address numbers. 11. Approve type of material and color of all building/dwelling address numbers. (#158, 9/] 4/87) 6. Projecting Signs: Projecting signs shall be permitted within the CCD District but only in the "Broadway Downtown District" thereof as defined by the Monticello Downtown and Riverfront Revitalization Plan. Only one (I) projecting sign may be erected per business, With no more than two (2) such signs erected per building, subject to the following conditions: Projecting signs: ( a) (b) (c) . ( cl) (e) (f) (g) (h) Shall be only business identification signs. Shall be fronting on a public street. Shall not exceed six (6) square feet in area. Shall be considered a wall sign for the purposes of maximum allowable sign area. The edge of the sign closest to the building must be no farther than 12 inches away from the building. May extend over the public sidewalk, but shall not extend closer to the public street than to within 3 feet from the backside of curb. Shall be at least 8 feet but not more than 12 feet in height above walking surfaces or sidewalks. Shall not be internally illuminated, but may be externally illuminated. [F] FEES AND LICENSE: (#334,9/13/99) 1. FEES: (a) Payment Fees: The permit fee and other fees and charges set fOl1h in this ordinance shall be collected by the City before the issuance of any permits. and the City Administrator, Building Inspector, or . MONTICEllO ZONING ORDINANCE 3/62 45 . . . 46 . . . 47 . . D. . Council Agenda: 5/22/06 SF. Consideration of adoptin2' a resolution acceptine a donations from the Land of Lakes Choirbovsand the-Monticello Lions Club. {RW} A. REFERENCE AND BACKGROUND: The City has received a donation from the Land of Lakes Choirboys to be used towards the Riverfest celebration and to the Fire Department. The City has also received a contribution from the Lions Club to go towards the lighting of the war memorial at Ellison Park. B. ALTERNATIVE ACTIONS: 1. Approve the contribution and authorize use of funds as specified by donor. 2. Do not approve the contribution and return the funds to the donor. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and the Finance Department to approve accepting the contribution. SUPPORTING DATA: Resolution. 48 City of Monticello RESOLUTION NO. 2006-41 . RESOLUTION APPROVING CONTRIBUTIONS .. .... ..._.u_...... WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONORJENTITY DESCRIPTION VALUE Monticello Lions Club Cash contribution $1,000.00 Land of Lakes Choirboys Cash contribution $2000.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. . NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Land of Lakes Choirboys Monticello Fire Department Cutting Tool Land of Lakes Choirboys Riverfest Bands Monticello Lions Club City Lighting War Memorial Adopted by the City Council of Monticello this 22nd day of May, 2006. Clint Herbst, Mayor ATTEST: . Rick W olfsteller, City Administrator 49 contributions LOL resolution.doc: 5/16/2006 City Council Agenda - OS/22/06 5G. Consideration of a reQuest for Final Plat for four single familv lots in an R~1 . (Single Familv Residential) District. Applicant: West Side Market. (NAC) A. REFERENCE AND BACKGROUND: West Side Market has submitted plans for Final Plat of Pine View, a residential subdivision located north of CSAH 75, east of Otter Creek Road and south of the River Terrace 2nd Addition. The site is zoned R~1 and is surrounded by single family homes to the north, east, and west, and the Monticello Public School District Offices to the south. The applicant is proposing four single family lots, each approximately 12, 400 square feet, and one 7,478 square foot outlot. All lots front on CSAH 75 and are non-conforming, as they do not meet the 80 foot minimum requirement for lot width. As a part of the Preliminary Plat review, variances for lot width on each of the lots in the plat were approved. Also during Preliminary Plat review, Wright County authorized two accesses onto CSAH 75. The applicant proposed two shared driveways on the Preliminary Plat with access onto CSAH 75 . to limit the total number of curb cuts. The City Engineer has completed a review of the final plat and found two small modifications to the plat, which do not affect the ultimate layout of the configuration of the plat. Those items require the correct labeling of Otter Creek Road and inclusion of the easement line on the SE corner of lot 8 of block 2 of Creek-Side Terrace. . B. ALTERNATIVE ACTIONS: 1. Approve the Final Plat for Pine View, subject to the recommendations of the City Engineer, based on a finding that the proposed plat is consistent with the approved Preliminary Plat. 2. Deny the Final Plat for Pine View, based on a finding that the proposed plat requires revisions prior to final plat approval. C. STAFF RECOMMENDATION The applicant has not made any modifications from the approved Preliminary Plat. Therefore, staff recommends approval of the Final Plat subject to the recommendations of the City Engineer, based on the finding that it is consistent with the approved Preliminary Plat, dated August 11, 2004. D. SUPPORTING DATA Exhibit A Pine View Final Plat . 50 ~~...~. ......." w ~. ;II -...../ .~ ..1,- < I v~-:;.~ f_, .__' II , I ..'~ /'~./ LJ) / ;~J {<) " ;::- I '-'",-, / " / / I '" '"", ", ....'--............, '" .""'..........., '---." :...~ ,-..., t 'J I ~,:l." .:~,- / ,( / / / ....,. " -', ~"- I. I I...~.J .; ~.'\ ... ~..J -....-........................... :~: , , \.,",1 ,-, '_J I ~.--1 '" '.. ~~ m ~ ~ " IE fi "~. 'O,p~.. -~...'"-......,.......,' C' ) (..-. , -, < . , .,~:., ............... , ,- '. - ~.- IL. -~ _.~ 1It.' _...~~....__~... '",m.~"_,~ ...... _~"m'. _w_~_~_ r ~"1'~"' "~"'''.n.._.~ - ~ ~ ~ a g,n m 8~ '" 1-". Q 8l~ i5~ :.tll:: = ~g h "'-I i -lJi :.'" \';i~l i'J", S !€ <0 ~~~ '" I I ~ID .. ~L i' d >". 2 .: l' ~ <[ g;!~ r ''S: '; I 0'8 I, ~x , ,= b~ !1l 15 is ' ~~ t. ""'~ ~ ~Sl# -. ,,-:5 ~ ~:f; ~~ :C >-F '0 15 mgj ~~ ~ lI)~. liil:; .0 ! ~I "'", F< " ""- -, ',.'................. 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" ' - '.~~,: / ),,_ I ,::~'-" / .......) / () I / I I ( ':,...\ ..... ,,~ '~l~w.. ~"fl. ~1!l!..iIIIiiiiI1iIIlIi~ '" " r.: i ~ (;j ~ I il--_', I ~ ._Lt.1 ~L ~~ ~rr: '. t~ , ll' ..-, I L:'J "'- '" ~ " ~ " / i I (-!s> i / I /' I / , / I ('!$~ , / / / I / , I i I , I I . . . 5H. Consideration of a request for Preliminary Plat and RezoninQ for a 75 lot sinQle family residential development in an A-O (AQricultural) District. Applicant: GP Land Corporation. (NAC) A REFERENCE AND BACKGROUND GP Land Corporation is requesting preliminary plat approval for the single family development, to be known as Niagara Falls. The subject site is 79.64 acres in area and is located south of 95th Street and north of 90th Street, east of Haug Avenue. Revised plans were submitted May 5, 2005 which also include a request for rezoning from the site's current A-Q designation to R-1 A, residential single family. Rezoninqs Rezonings are regulated by the zoning ordinance process, requiring consistency with the Comprehensive Plan, compatibility with surrounding existing and future land uses, and the ability to serve the proposed development with adequate public services. In this case, adjoining land uses include the Sunset Ponds subdivision to the west, the proposed Hidden Forest subdivisions to the north and east, and agricultural and rural residential land to the south. The proposed application would appear to meet each of the requirements for rezoning. Land Use The proposed land use for the Niagara Falls development is consistent with the City's Comprehensive Land Use Plan. The developer is proposing 75 single family lots on 79.64 acres for a gross density of 1.08 units/acre. The applicant is requesting that the site be rezoned to R-1A, residential single family. The purpose of the R-1 A district is to provide for low density, single family, detached residential dwelling units and directly related complementary uses. The R-1A District is distinguished from the R-1 District in that is has more extensive development standards and is to be located in areas of higher natural residential amenities, including such conditions as woodlands, wetlands, and significant views. The east side of the development site is covered by a 35.47 acre existing delineated wetland. The proposed development will preserve this wetland area, with all residential development to the west. Lot Requirements and Setbacks. The following are the applicable performance standards for the R-1 A District: Lot Area Lots larger than 15,000 sq. ft. Lot Width Lots wider than 90 feet Rear Yard Setback Required 16,000 sq. ft. 40% 90 feet 40% 30 feet Proposed 18,423 sq. ft. * 100% 104.16 feet* 97% 36.68 feet* 51 Front Yard Setback 35 feet 35.7 feet* . Side Yard Setback: Interior dwelling 1 0 feet 1 0 feet Interior garage 6 feet 1 0 feet Corner lot to roadside 20 feet 20 feet The applicant has revised the front yard setbacks for each lot to meet the 35 foot minimum requirement. All other performance standards have been satisfied. Trail System. The applicant is proposing an 8 foot wide bituminous trail along the western perimeter of the wetland. The trail connects to the development at four access points. A second trail runs along the northeast side of Hamline Avenue, extending west to the Hidden Forest development and south to Haug Avenue. All trail easements are 30 feet wide. During concept stage review, staff recommended that the applicant realign the trail on the eastern perimeter of the wetland to avoid all single family lots. This trail has been modified to run perpendicular to the perimeter of the wetland. The minimum setback from individual lots has been increased to 10 feet. Landscape Plan. The applicant is proposing a total of 108 deciduous trees, 66 Sugar Maple and 42 Thund.erchild Crab, and 17 coniferous trees throughout the site. Each individual lot will . contain two Sugar Maples along the front lot line. A single row of Colorado Spruce is proposed through vacated portion of Haug Avenue. The majority of the Thunderchild Crab trees are proposed along the outer perimeter of the delineated wetland, along with four Sugar Maples. Staff is concerned with the location of these four Sugar Maples. Sugar Maples will only thrive in fertile, moist, well drained soils. The close proximity to the wetland may produce challenges for these trees, depending on the amount of overflow from the wetland. Staff recommends replacing the Sugar Maples along the wetland with a hardier species. Staff also recommends landscaped islands for all cul-de-sacs to match the two proposed on 91st Circle and Hance Avenue N. During concept stage review, staff recommended that ground covers or grasses be implemented to achieve naturalized areas around the stormwater ponds and wetland. No additional plantings are shown surrounding the wetland or stormwater ponds. Staff still encourages the applicant to explore the option of providing additional landscaping in these areas. Staff also recommended during concept review that the off-street parking lot be properly landscaped to screen from all single family homes. The revised preliminary plat has removed all off-street parking. Therefore, no additional landscaping will be required at this time. Circulation/Access: The single family homes in this development will be served by seven different streets. . 52 . . . The majority of the homes in the northern portion will be served by Hamline Avenue. The remaining homes will be accessible from Harvey Avenue and 94th Street, which are both dead-end cul-de-sacs. The southern portion of the site will be served by Haug Avenue, as well as Haladay Avenue, 915t Circle, and Hance Avenue NE. Haladay Avenue, 915t Circle, and Hance Avenue NE are also dead end cul-de-sacs. Hamline Avenue and Haug Avenue are both 36 foot wide urban streets with curb and gutter. Per the City Engineer's request, the preliminary plat also shows the connection between Hamline Avenue and the Hidden Forest development to the northwest. The applicant also previously submitted a ghost plat extending the Haliday Avenue cul-de-sac through the Moore property. The City Engineer has expressed concern regarding encroachment upon the adjacent pond. The feasibility of this ghost plat is subject to further review by the City Engineer. Wetland: As stated above, a large portion of the development site is covered by an existing wetland basin, identified as an outlot. A drainage and utility easements has been added over this outlot. Staff recommends that the City consider requiring the applicant to also apply a conservation easement to the entire wetland so that it may be preserved in perpetuity. All other issues related to wetland are subject to the review and comment of the City Engineer. Grading, Drainage, and Utilities. The applicant has revised plans to address engineering comments from April 10, 2006. Any further issues related to the wetland area are subject to the review and comment of the City Engineer. The grading, drainage, erosion control and utility plans are also subject to further review and approval of the City Engineer. B. ALTERNATIVE ACTIONS Rezoning 1. Motion to recommend approval of the rezoning from A-O to R-1 A as proposed in the preliminary plat, based on a finding that the proposed zoning would reflect the intent of the City's Comprehensive Plan. 2. Motion to recommend denial of the rezoning from A-O to R-1A as proposed in the preliminary plat, based on a finding that the proposed zoning is not consistent with the intent of the City's Comprehensive Plan. 3. Motion to table the request for further study. Preliminary Plat 1. Motion to recommend approval of the preliminary plat based on a finding that the plat meets the requirements of the Zoning Ordinance, subject to the applicable conditions listed below. 53 2. Motion to recommend denial of the preliminary plat based on a finding that the plat Is premature and does not meet the requirements of the Zoning Ordinance. . C. STAFF RECOMMENDATIONS Staff recommends approval of the rezoning and preliminary plat applications subject to the conditions outlined herein: 1. The final street plans shall be subject to the review and comment of the City Engineer 2. The landscape plan shall be revised to provide an alternate species of tree near the perimeter of the wetland in lieu of the Sugar Maples, and to show additional groundcovers an/or grasses surrounding the stormwater ponds and wetland. 3. Issues related to the wetland area are subject to the review and comment of the City Engineer. 4. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. 5. The applicant complies with the park dedication requirement as set by the City Council. . . 54 'ON 'b"M ~OO~~-'I!lt UO!lOJOdJoJ pUOl dO , <) NV'l 'oIICl:J!luoV'l ,lO" ^l!J ~ SllOj OJo5o!N ~ .,..,.,... . 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Consideration of approvin~ vacant land purchase a!!reement _ Muller Theater. (RW) A. REFERENCE AND BACKGROUND: In December of2005, the general consensus of the Council was to sell approximately 15,000 square feet of what was known as Outlot C, Jefferson Commons, to Mr. Mike Muller so that he could construct a 500 seat theater addition to his facility. This discussion took place when Mr. COl}' Kingbay was requesting an extension on his purchase agreement for Outlot C that this area was originally part of. During that discussion, it was noted that the sale price would be the same amount of$6.00/sq. ft. that had been originally proposed to Mr. Kingbay on his original purchase agreement and a purchase agreement was prepared that Mr. Muller signed allowing him to begin construction of his new addition prior to the platting of the property being completed. In order to complete the closing on this property, the final plat is currently being reviewed by the County Recorder and should be ready to be filed in a matter of days. It is recommended by our City Attorney that formal action be taken by the Council by approving the purchase agreement enclosed to support the general consensus that had been discussed back in December. The terms remain the same at $6.00/sq. ft. with Mr. Muller being responsible for the normal trunk fees for sewer, water and storm sewer charges. Closing is expected to occur within the next week to ten days. . B. AL TERNA TIVE ACTIONS: 1. Approve the purchase agreement selling 15,245 sq. ft. of former Outlot C Jefferson Commons to Mike Muller at a total price of$91,470 plus area trunk charges. C. STAFF RECOMMENDATION: It is the recommendation of the City Attorney and City Administrator that formal action be taken approving the purchase agreement as outlined above to enable the closing to be completed. D. SUPPORTING DATA: Copy of purchase agreement. . 55 . . . . . . VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on the _ day of 2006, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation, located at 505 Walnut Street, Suite 1, Monticello, MN 55362 ("Seller"), and MULLER FAMILY THEATRES OF MONTICELLO, LLC, a Minnesota limited liability company, located at 4940 54th Street NW, Maple Lake, MN 55358 ("Buyer"). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located in the City of Monticello, County of Wright, State of Minnesota, as legally described on the attached Exhibit "A" (the "Property"). 3. PRICE AND TERMS. The price for the real property included under this Purchase Agreement is based upon Six and no/l00 Dollars ($6.00) per square foot. Assuming 15,245 square feet of Property, the total purchase price would be $91,470.00. Buyer shall deposit earnest money of $ , by check, payable to Seller, receipt of which is hereby acknowledged, and the balance at closing. The actual square footage of the Property shall be determined by the Seller's survey used to plat the Property. 4. DEED/MARKET ABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Limited Warranty Deed, conveying good and marketable title of record, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Easements of record; and C. Exceptions to title which constitute encumbrances, restrictions, or easements of record. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Seller shall pay all general real estate taxes and installments of special assessments due and payable in the year prior to the Date of Closing and in years prior thereto. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing; B. Seller shall pay on or before the Date of Closing all levied and pending special assessments; C. Seller shall pay on date of closing any deferred real estate taxes (including "Green Acres" taxes under MINN. STAT. g273.111) or special assessments payment of which is required as a result ofthe closing of this Ab'Teement; D. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. E. Buyer shall pay Seller, for City trunk sewer, water and storm sewer charges as identified under Paragraph 18A. 56 6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that, to Seller's knowledge, without investigation, buildings on adjoining real property, if any, are entirely outside of the boundary lines of the property. Seller warrants that, to Seller's knowledge, without investigation, there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for Seller for which payment has not been made. Seller warrants that, to Seller's knowledge, without investigation, there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the Deed or Contract for Deed for a period of six (6) months. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Property in order to make, at Buyer's expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any such surveys, measurements, soil tests or other tests within five (5) days after receipt. 8. POSSESSION. Seller shall deliver possession of the property not later than the actual date of closing. 9. TITLE INSURANCE BY SELLER. Seller shall, within a reasonable time after acceptance of this Agreement, furnish a title insurance commitment certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Buyer agrees to accept an owner's title policy in lieu of an abstract of title. Seller shall pay all costs associated with the issuance of such commitment. Buyer shall pay the premium for the owner's and mortgagee's policy of title insurance. The commitment for title insurance shall be issued in the full amount of the Purchase Price by a title insurance company reasonably satisfactory to Buyer ("title insurer"). Buyer shall be allowed twenty (20) business days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall have ten (10) business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within one hundred twenty (120) days from Seller's receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perfOlm this Agreement according to its tenns. If no such notice is given or if notice is given but title is not corrected within the . . . 57 . . . time provided for, this Agreement shall be null and void. Neither party shall be liable for damages hereunder to the other and the earnest money, if any, shall be refunded by Seller. Buyer and Seller agree to sign a cancellation of this Agreement. 10. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1., above and if mailed, are effective as of the date of mailing. 11. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 12. WELL DISCLOSURE. [Check one ofthefollowing:} XX Seller certifies that Seller does not know of any wells on the property. - Wells on the property are disclosed by Seller on the attached Well Disclosure form. 13. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check one of the following: } XX Seller certifies that Seller does not know of any individual on-site sewage treatment systems on the property. - Individual on-site sewage treatment systems on the property are disclosed by Seller on the attached Disclosure form. 14. CONDITION OF PROPERTY. A. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation of any law, nor of any above ground storage tanks or underground storage tanks having been located on the Property at any time. Seller warrants and represents to Buyer that to Seller's knowledge there have been no acts or occurrences upon the Property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the Property or other property in the area. Seller represents and warrants to Buyer that to Seller's knowledge the Property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. Seller shall indemnify and hold Buyer harmless from any and all claims, causes of action, damages, losses, or costs (including lawyer's fees) relating to hazardous substances or petroleum products in the subsoil or ground water of the Property which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession. These warranties and indemnifications shall survive the delivery of the Deed and Contract for a 58 period of one year. C. Seller knows of no wetlands, flood plain, or shoreland on or affecting the Property, except as shown on plans delivered to Buyer. . D. Seller's warranties and representations contained in this Section shall survive the delivery of the Deed and Contract, provided that any notice of a defect or claim of breach of warranty must be in writing, and must be given by Buyer to Seller within one year of the actual Date of Closing or be deemed waived. E. Buyer shall have the right to have inspections of the Property conducted prior to closing. Seller does not plan to have the Property inspected. Other than the representations made in this Section, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions or fitness for any particular purpose. 15. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. l16-M, l17-M, or l18-M] Affidavit of Seller. 16. CLOSING. The closing (the "Closing") shall be at a location designated by Buyer, and shall occur the earlier of the following: (a) simultaneous with the filing of the plat for Jefferson Commons Second Addition, occur or , 2006 ("Closing Date"). At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. . 17. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute andlor deliver to Buyer the following (collectively the "Closing Documents"): (l) Limited Warranty Deed. A Limited Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: "Seller certifies that the Seller does not know of any wells on the described Property." (2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. (3) Non-Foreig:n Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be . 59 . required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Seller is not a "foreign person" as defined in S l445(f)(3) of such Code and such regulations. (4) Stora2e Tanks. Ifrequired, an affidavit with respect to storage tanks pursuant to Minn. Stat. S 116.48. (5) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording. (6) Certification. A certification that the representations and/or warranties made by Seller are materially the same as were in existence on the date of this Agreement or noting any changes thereto; and (7) Other Documents. All other documents reasonably determined by either party and the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Buyer shall execute and deliver to Seller the following: (1) All documents reasonably determined by either party and the title insurance company to be necessary to provide title insurance for the Property; and (2) Payment of the Purchase Price. 18. CLOSING COSTS. The costs relating to the closing ofthis transaction shall be paid as follows: . A. Buyer shall pay: (1) Recording fee for the Limited Warranty Deed; (2) The closing fee; (3) The premium for owner's title insurance, including survey coverage; (4) State deed tax; and (5) Conservation fee attributable to said deed; (6) City sewer trunk charge in the amount of$2,830.00/acre; (7) City storm sewer trunk charge in the amount of$6,997/acre; (8) City water trunk charge in the amount of $2, 180.00/acre. B. Seller shall pay all costs oHitle insurance commitment. 19. ADDITIONAL TERMS. Buyer agrees to adopt a resolution authorizing acceptance of Seller's donation, provide a certified copy of such resolution to the Seller and execute the appropriate IRS Form 8283 regarding such donation. 20. ADDENDA. No addenda are attached or made a part of this Purchase Agreement. 21. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. . 60 22. MUL TIPLE ORIGINALS. Seller and Buyer have signed [number] originals of this Purchase Agreement. I agree 10 buy the property for the price and leons and conditions set forth above. Dated: BUYER: _, 2006 By: And: . . . 61 . . . I agree to sell the property for the price and terms and conditions set forth above. Dated: ,2006 SELLER: CITY OF MONTICELLO By: And: 62 EXHIBIT "A" Legal description of Property: That part of Oulot C, JEFFERSON COMMONS, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, described as follows: Beginning at the northwesterly corner of Lot 1, Block 2, said JEFFERSON COMMONS, thence South 82 degrees 36 minutes 28 seconds West, assumed bearing along the southwesterly extension of the northerly line of said Lot 1, 146.00 feet; thence South 27 degrees 24 minutes 12 seconds West, 87.67 feet, to the southwesterly line of said Oulot C; thence South 64 degrees 39 minutes 57 seconds East, along said southwesterly line of Outlot c, 119.97 feet, to the most southerly corner of said Outlot C; thence North 27 degrees 24 minutes 12 seconds East, along the southeasterly line of said Outlot c, 166.65 feet, to the point of beginning. The foregoing property shall be combined with Lot 1, Block 2 and, JEFFERSON COMMONS and replatted as Lot 1, Block 1, JEFFERSON COMMONS SECOND ADDITION, Wright County, Minnesota. . . . 63 . 7. Council Agenda: 5/22/06 Public Hearin~ on proposed assessment for street li~ht improvements School Boulevard/ Dee2an Avenue. Project no. 2005-22C. A. REFERENCE AND BACKGROUND: . . The City has recently completed the street lighting improvement project to School Boulevard from Edmonson Avenue on the east to the termination of School Boulevard through Jefferson Commons plat. The improvement also completed street lighting along Deegan Avenue within the Jefferson Commons plat into the Prairie Ponds development. Project No. 2005-22C was contracted separately from the other improvements in this area through an agreement with Wright-Hennepin Electric. The total cost for the street lighting projects on both the east and west side of Highway 25 totaled $364,227, including indirect costs. The project is actually separated between the east side ofTH 25 covering property owned by WalMart, Ocello, Mike Krutzig and Bn~ndsel Properties. Property owners benefitting from the street lighting on the west side ofTH 25 includes Culvers, Muller Theater, Applebee's Mike Krutzig and the Prairie Ponds development. Enclosed with the agenda is a copy of the proposed assessment roll that was mailed to all benefitting property owners indicating the front footage for each parcel and the total assessment amount. As far as the east side project is concerned, Wal-Mart and Ocello provided prepayments for a majority ofthe cost related to their properties. The other two property owners receiving benefit on the east side ofTH 25 include the Shell Super Express Station and Mike Krutzig's retail center. A map showing the area affected by the improvement is also enclosed with the agenda. B. ALTERNATIVE ACTIONS: 1. After close of the public hearing, Council could adopt the assessment roll for Proj ect No. 2005-22C Street Lighting in the amount of $364,227. 2. Do not adopt assessment roll at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the assessment roll be adopted as proposed. The normal procedure has been to assess street lighting cost to new developments at 100%, and the proposed assessment roll allocates the cost of the project on a front basis to those properties directly benefitting. D. SUPPORTING DATA: Copy of resolution Assessment Roll Map of area 64 . . . . . . Rick Wolfsteller, City Administrator RESOLUTION 2006~42 RESOLUTION ADOPTING ASSESSMENT STREET LIGHTING IMPROVEMENTS PROJECT NO. 2005-22C WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of School Boulevard from Edmonson Avenue East through the Jefferson Commons plat and along Deegan Avenue within the Jefferson Commons and Prairie Ponds development by the installation of street lights and other appurtenant work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract ofland therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 6% percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 22nd day of May, 2006. ATTEST: Clint Herbst, Mayor 63 ~ STREET LIGHTING ASSESSMENT FOR 2007 TAXES PROJECT NO. 200S-22C STREET LIGHTING SCHOOL BOULEVARD/DEEGAN AVE iiiyIiYPi:lrclitIINUlTiber!rF' EAST SIDE :/i~\iIFrc:mtIFoclta e "'%1 <'i$!:!!:GomrnentS:Wif' lAssessmentJ'AlTit\: 155-148-001010 Lot 1, Block 1 $7,694.00 Monti Bus Ctr 2nd SB 224 LLC 303.75 155-169-001010 Lot 1, Block 1 Monti Bus Ctr 3rd Walmart Real Est Bus 995.1 $24,599.00 155-169-000010 Out/at A Monti Bus Ctr 3rd Ocello LLC 232.11 $5,738.00 155-170-002010 Lot 1, Block 2 Autumn Ridge 3rd Ocello LLC 763.87 $18,883.00 155-098-000030 OutlotC Monti Bus Ctr Ocello LLC 1255.87 $31,045.00 155-098-000020 Out/otB Monti Bus Ctr Ocello LLC 705.42 $17,43800 155-150-001010 Lot 1, Block 1 Monti Marketplace RM Super Express LL 332.31 $8,417.00 TOTAL EAST SIDE 4588.43 $113,814.00 WEST SIDE 155-164-000020 Out/otB Jefferson Commons City of Monticello 491.39 $13,415.00 155-164-000030 Out/otC Jefferson Commons City of Monticello 1768.97 $48,29300 155-164-000040 Out/olD Jefferson Commons City of Monticello 326.76 $8,921.00 155-164-000050 Out/at E Jefferson Commons City of Monticello 155-164-000060 Outlot F Jefferson Commons City of Monticello 1356.22 $37,025.00 155-164-000070 Out/otG Jefferson Commons Muller Theater 131.87 $3,600.00 155-164-001010 Lot 1, Block 1 Jefferson Commons Bouvan LLC/Culvers 498.39 $13,606.00 155-164-002020 Lot 2, Block 2 Jefferson Commons Muller Theater 94.24 $2,573.00 155-164-002010 Lot 1, Block 2 Jefferson Commons Muller Theater 779.01 $21,267.00 155-176-001010 Lot 1, Block 1 Jeffferson Comm 1 st Apple American LP of 213.50 $5,82900 155-176-001020 Lot 2, Block 1 Jefferson Comm 1 st City of Monticello 383.26 $10,463.00 155-176-002010 Lot 1, Block 1 Jefferson Comm 1 st City of Monticello 100.21 $2,736.00 155-157-001010 Lot 1, Block 1 Prairie Ponds 70,941 sq. ft $14,055.00 155-157-001020 Lot 2, Block 1 Prairie Ponds Arma Property LLC 72,770 sq ft $14,418.00 155-174-001010 Lot I, Block 1 Prairie Ponds 2nd Larson & Muth 40,129 sq. ft. $7,95000 155-189-001010 Lot 1, Block 1 Replatted from Lots Prairie Ponds 3rd 30,000 sq ft. 3,4 and 5, Block 1 $5,94300 155-189-001020 Lot 2, Block 1 Prairie Ponds Prairie Ponds 3rd 100,297 sq. ft. $19,871.00 213-100-151400 Township - Sec. 15 Ocello LLC 74900 $20,448.00 TOTAL WEST SIDE TOTAL BOTH SIDES $250,413.00 $364,227.00 DAWN/XCELlASSMTS:STREET LIGHTING 5/17/2006 . . . 66 ... .....-- r---~~--~-~' - - I.... ...... 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'" ..... 2100 - -- ,,\: ~ . \.t ~..~ l'!ii '" ~~:i ~;~, '" a mQ~ :;;~.. ~ "'Ill,a o Y..a: ~ ~ 213.... " I \ _.~.I .-~ : ".. -...- - ~ I i H ~ -....... -.- : 'II ",,"2101 "'" - ,,-, ,"-, .q ,--- ,-:7 ~ " ~ .. ,~' ~ ,~; . ~~- ,f ,,," ~ ,~': J /... .., :r. .f {if ~ .~. ~ {.r ~' f I r' <14 .: l..:,:, ~ 'v .. # ~~ , . ... ~ 1- \ " . " __ ' - ~ '...:ot.' ..~:.:.:~'. r ;..:_.\1 or"" .....- I ..' ~~~ : -~~.c,t.~ \ .. ~i! .,"1. ~tf-I--"'-_'_. . ~ _'i.__ :-..... ~ ,~. ;' ~ ''v:fJ..<J'" -' , , -r ,.~, Q,l\i0 \ OZ":Ot. M..t.S:.90.69N . . . ~'",'~- : ' ~ i" \ .'.~ :'.':',:", ,.' 8. Consider Approvine the Plans and Specifications and Authorize the Advertisement for Bids for the Reconstruction of Cedar Street (Chelsea Road to Dundas Road) and the Construction of Dundas Road (Cedar Street to Edmonson Avenue) (City of Monticello Proiect No. 2006-02C) (WSB) A. REFERENCE AND BACKGROUND: The proposed project includes the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from the improved segment, east of Cedar Street, to Edmonson Avenue. The improvements to Cedar Street were initiated by a petition from the proposed Warnert redevelopment located at the southwest comer of Chelsea Road and Cedar Street. The unimproved segment of Dundas Road is proposed to be constructed to an urban section to accommodate increased traffic volumes on the roadway and because of its importance to the connection to the City's overall transportation network. A Feasibility Report addressing the improvements was accepted at the March 13, 2006 Council meeting and a Public Hearing was held on March 27,2006. The proposed improvements include constructing the roadways to a three-lane, 44wfoot width with concrete curb and gutter within the existing rightwof-way. Cedar Street will be realigned along the City-owned property on the east to align with the segment of Cedar Street south of Dundas Road. The project also includes construction ofthe right-turn lane along Chelsea Road to serve the Wamert development. Sidewalk and street lighting is proposed along the west side of Cedar Street and on the north side of Dundas Road from Cedar Street west to the trail along TH 25. Sidewalk and street lighting along the east side of Cedar Street and along both sides of Dundas Road, between Cedar Street and Edmonson Avenue, would be constructed as the adjacent properties develop. Storm sewer is proposed to be constructed within the roadways and connect into the TH 25 storm sewer system. Storm sewer stubs will be provided to accommodate drainage from adjacent properties as development occurs. Sanitary sewer and watermain exist along the roadways. Service stubs will be extended along Dundas Road to accommodate future development adjacent to the roadway. Public Works is in the process of putting together a bid package for street lighting along Cedar Street to be bid concurrently with the project. The proposed improvements also include construction of a segment of the dual forcemain along Chelsea Road for the future extension of the system from the Otter Creek Lift Station to the trunk sanitary sewer at Chelsea Road and Fallon A venue. The dual forcemain would extend along the south side of Chelsea Road from Cedar Street across TH 25 to the north side of Chelsea Road. A diagonal crossing for the forcemain at TH 25 has been approved by MnDOT. The estimated project cost totals $1,252,090. The project is proposed to be funded through special assessments to the adjacent benefiting properties, City funds, and State Aid funds. City funding would consist of the reconstruction costs to the City-owned property on the east side of Cedar Street, general utility adjustments, forcemain construction and storm sewer upsizing costs along Dundas Road. C. \Docllments and SetringsldaH.1I.gros$ingl!rlLocal Setting;;',Temporary In.temet Filt!s\OLKJUGN ln4-CedarDul1dasApprovePlans~052206.doc 71 "'.'''I!lIll~~~'''' Two options were analyzed for assessing the non-City funded project costs for Cedar Street to the adjacent benefiting properties, as described below: . Option 1 (Cedar Street): Assess a portion of the improvements at a rate of approximately $102 per front foot to the adjacent benefiting properties. This option includes utilizing the standard commercial property reconstruction rate of $ 55/front foot that was established with the Area 1 Core Street Reconstruction program. This rate was developed based on reconstructing a roadway from a 24-foot width to a 32-foot width with a portion of this cost to be funded by the City. Costs to widen the roadway from a 32-foot to a 44-foot wide street is proposed to be assessed 100%. Sidewalk, street lighting, and storm sewer is proposed to be assessed 100% at front foot rate. Driveway and utility stubs would be assessed 100% to each property it serves. Option 2_ (Cedar Street): Assess 100% of the improvements to the adjacent benefiting properties. This option includes assessing 100% of the improvements to the adjacent benefiting properties. A detailed funding breakdown and preliminary assessment roll document for these two options was attached to the Feasibility Report. We would ask that the Council decide which assessment option to utilize for the project. Dundas Road would be assessed 100% to the adjacent benefiting property with storm sewer upsizing costs for off-road drainage to be funded by the City. Both Cedar Street and Dundas Road are designated as Municipal State Aid roadways and are eligible for State Aid funding for street and storm sewer improvements. The Lundsten property along Dundas Road can be considered "Green Acres," in which case assessments would be deferred with interest until the property develops. The City could utilize State Aid funds to fund the improvements to Dundas Road as well as Cedar Street. . At the Public Hearing, the Council authorized the project with developing the plans to allow for bidding the Dundas Road construction as an Alternate Bid, since the adjacent property owner (Lundsten) was not in favor of the project. In addition, we will be scheduling a meeting with Mr. Danner to discuss his driveway locations (two driveways off of Cedar Street have been included with the plans) and code enforcement items. The plans have been submitted to State Aid for review and approval and we anticipate receiving their comments and the eligible funding amounts in the next 1-2 weeks. In the meantime, we would request approval to advertise the project and will incorporate their comments prior to the project bidding. B. ALTERNATIVE ACTIONS: 1. Approve the plans and specifications and authorize the advertisement of bids for the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from Cedar Street to Edmonson Avenue with assessing the Cedar Street improvements to adjacent benefiting properties at a rate of . approximatel y $102 per front foot (Option 1) and assessing the Dundas Road improvements to adjacent benefiting properties at 100% of the improvement cost. . C.'\Documems and Seffingjlda\~n.grossjnger\Local Seftings!Temporary Internet Filt!sIOLK3\.AGN 1T.\4-CedarDtlndaJApprov€'Pla1tS_OJ220tJ.d()~ 72 2. Approve the plans and specifications and authorize the advertisement of bids for the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from Cedar Street to Edmonson Avenue with assessing the Cedar Street and Dundas Road improvements to adjacent benefiting properties at 100% of the improvement cost (Option 2). . 3. Do not approve the plans and specifications at this time. C. STAFF RECOMMENDATION: The City has typically contributed to residential and commercial street reconstruction costs where there are existing properties already benefiting from the existing roadway. Such was the case for the reconstruction of Cedar Street from Chelsea Road to Oakwood Drive. Therefore, it is the recommendation of the City Administrator, Deputy City Administrator, City Engineer and Public Works Director to select Alternative No.1. D. SUPPORTING DATA: Preliminary Assessment Roll . . c: i,Document5 lli1d SeUltfg:iidawn.grossinger\Local Settings I Temparary Internet FilesIOl.K3\AGN ITA"~CedarDulldas.A.pprovePian.s, 052206.do( 73 . . . . El~:~l I ~/, ~")'" / "", f' / 'ml , . '- ,,~, u u .' '! "; ~"" 6 'f (,]. S~..", ~ S' ~~ I': ' , . ' . ,0:: ~_ cr '-5:"~" .,' Q~"&;" ~--.., ()' '~f/)~' l" ,,~r."~" ,.- "', !/) ---.. ' , 2: n:: 0:: ~l' ' r; ,f",. '-,,' "~,,,, J..... , ," ",,:, . .""--.;. 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WSB Cedar Street and Dundas Road Improvements WSB PrOject No 0162746 City Project No 2006,02C Dale: March 13,2006 701 Xenia Avenue South SUite 300 Minneapolis, MN 55416 & .1. ~(Jc/(lI~s.lnc. 76',(;4 1 -4800 FAA '6'.541,1'00 Figure 1 Project Location Map Ilill:l;.t~"""'.:llrll"l:t:::lll""'iII.'letli.' I:I=- N...... ":iI~.:.'~I~I:I:+"'" Monticello, Minnesota 74 Project Funding Break Down CALCULATED BY: J. MESSNER DA TE: MARCH 8, 2006 OPTION 1 CEDAR STREET. CITY RECONSTRUCTION ASSESSMENT RATE INCLUDING STREET WIDENING _ $102.34 STREET RATE A street assessment rate of $102.34 per front foot was used to calculate this preliminary assessment role option. This rate includes the commercial property front foot assessment from the Area 1 core street reconstruction of $55 per front foot as a basis for the street rate, multiplied by 10% for an estimated Construction Cost Index increase since 2004. The $55 per front foot street assessment rate is based on reconstructing a 24-foot wide road to a 32-foot wide road. The $102.34 assessment rate inclUdes an additional $29.33 per front foot added to the street improvement rate for the widening of the road from a 32-feet wide road to a 44-foot wide road. Also included into this rate is 100% of the cost to construct curb and gutter. The assessment rate is calculated as follows... [Rate = $55ttr10%inflation + (curb'10%contingency'28%indirect + Widening'10%contingency"28%indirect) = $102.341ff] The cost to construct the right tum lane on Chelsea Road is assessed at 100% to the benefiting property. Sidewalk is assessed to the benefiting property at 100% of the front foot cost to construct a 5-foot wide concrete sidewalk. Intersection improvements are assessed at a rate of $1.10 per front foot whiCh is covers 100% of the cost to construct median at the intersection of Chelsea Road and Cedar Street. Driveway improvements are assessed at 100% to the benefiting property. Storm sewer is assessed at 100% of the total improvement cost minus the storm sewer stub costs, which are assessed at 100% to the benefiting property. Water main and sanitary sewer adjustments are to be paid by the City minus the service stubs which are assessed at 100% to the benefiting property. The preliminary assessment for street lighting is $40 per front foot. The entire cost of the force main improvements will be paid for using City sanitary sewer trunk funds. ."~~"~~'~~I~'.~~-~E_=-~' , '~'G1ktdiltj . >:-".;(,. I ',J"W~~ I::' '< ",'I': i' , >f!tl~i~~~~~,':, ~ 1U2"- l/"" , ~~~~- ~~<~~~~~~ ,~~-~, A - Street Improvements $317,208.19 " $116.328.74 $433,536.93 $433.536.93 (100%) B - Storm Sewer Improvements $95,915.78 $0.00 $95,915.78 $52.753.68 (55% min.) C - Water Main Improvements $0.00 $17,248.00 $17,248.00 $0.00 D - Sanitary Sewer Improvements $0.00 $1.999.36 $1,999.36 $0.00 E - Force Main Improvements $0.00 $191,720.32/ (Alt #1) $191,720.32/ (Alt #1) $0.00 $240,014.72 / (Alt #2) $240,014.72/ (Alt #2) F - Street Lighting $108,672.00 $0.00 $108,672.00 $0.00 G - Chelsea Rd Right Turn Lane $21.504.38 $0.00 $21,504.38 $0.00 Total $543,300.35 $327,296.42/ (AIt#1) $870.596.77 / (Alt #1) $486,290.60 $375,590.82 I (Alt #2) $918,891.17 I (Alt #2) · The total street assessment includes an assessment to the city owned properties totaling $105,376.97. OPTION 2 CEDAR STREET - 100% ASSESSED This scenario assesses 100% of the project construction cost minus the water main, sanitary sewer, and force main improvements. which are considered City expenses. A - Street Improvements $433,536.93 . $0.00 $433,536.93 $433,536.93 (100%) B - Storm Sewer Improvements $95,915.78 $0.00 $95,915.78 $52,753.68 (55% min.) C - Water Main Improvements $0.00 $17,248.00 $17,248.00 $0.00 D - Sanitary Sewer Improvements $0.00 $1,999.36 $1,999,36 $0.00 E - Force Main Improvements $0.00 $191.720.32/ (AJt#1) $191.720.32/ (Alt #1) $0.00 $240.014.72 / (Alt #2) $240.014.72/ (Alt #2) F - Street Lighting $108,672.00 $0.00 $108,672.00 $0.00 G - Chelsea Rd Right Tum Lane $21.504.38 $0.00 $21,504.38 $0.00 Total $659,629,09 $210,967.68/ (Alt #1) $870,596.77 / (Alt #1) $486,290.60 $259,262.08 I (Alt #2) $918,891.17 I (Alt #2) · The total street assessment includes an assessment to the city owned properties totaling $130,310.06 . . . 75 . . . PrOject Funding Break Down CALCULATED BY: J. MESSNER DA TE: MARCH 8, 2006 DUNDAS ROAD. 100% ASSESSED This includes assessing 100% of the project construction cost minus the storm sewer upsizing fee and hydrant adjustment, which are considered City expenses. ~"1W~I.~'~~;~~1T~~~~~~rr~_~~~. ~l~tmJttltt~I!""k:ll. ~t1t~ ',.j;' I'hcl~l);lrok~i'~I''''I:':1 ~!II,~ ~I~ ~: " ('l'.I~\\,{~,\:ll!1 'J'I~l ~ \!~~I,'lIJ.!r\lrl!-; Ii lltl~ ; ~ ~ .'il/~L.to:.~.o.u.!I..l ..~:....~. 1Ul...l.;La.l1U.:...!.. ~._.Ol.'.HOai ..1~L IJ... A - Street Improvements $220.209.44 $0.00 $220,209.44 $220,209.44 (100%) B . Storm Sewer Improvements $109,157.94 $1,570.00 $110,727.94 $60,900.36 (55% min.) C - Water Main Improvements $17,881.60 $844.80 $18,726.40 $0.00 o - Sanitary Sewer Improvements $31,785.60 $0.00 $31,785.60 $0.00 Total $379,034.58 $2,414.80 $381,449.38 $281,109.80 .Note: Street lighting and sidewalk construction will be completed at the time of development. 76 . . . c ! 3-] fl '" ~ on '" ,', C" i') C'- s;: '" '" "0 ,- - "'" "'" ~ '" : g r::' :;: ~ ~ ,.; - 00 g ,c ~ ~ 0 ~ - - - ~ :;;: C{ '" ;;;; '" '" '" '" "- ~ -= ~ ~ .... go ~ "- '" ~ or. ~ ~ "! '>; ~ -0 "- '1 '" <:> ;:; :;: or> ~ g ~ ~ -= ~ ~ ~ 0 '1 ~ <r, ..., '1 ~ i;i ~ ~ ~ ,r; &l ~ ... ~ ~ ~ '" ~ '" ;l; ;;;; '" '" <" ~ 00 '" c <.a' ~ ~ 00 - ~ ",. c is :5 ~ 6 ",. ",. '" ..; ~ <:> r--i ~ :7( :r. 0 ~ g g g 06 - :;j --: (,"".l ,.; S; Vi '" - g; S; ~ '" '" '" ,-- CO <:> '" 0 ,- "1 - CO 0 ~ <:> 00 ." 6 6 ;:; '" ,., ::: ~ ;:; ",. - - .- - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <" ,.. 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'" ~I ~ ~ ~ ;! ~, on ~ "'" '" :: 0 '" -0 5 ~ 0 0 '" on "; ~ ~ ~ '" ~ ~ " d 'n ", 3 00 ~ ~~ ~ ~ M 0 "'" ": ~ . [ 0 . u. " u. co " 8 = .,- Q. rt I :,: 1l ~ ,'-' :>;I u. "'. g ~ -, '" ~ r" Q. " ~ , ~ p. " ("J t " a '" ~. ~ ~ Q. .. ~ ~. ., g" CIl ~: 0 0 ;j '''' .., ;I: ~ [ a' z ::: .... <>" Q t} Ii> i:'l ;;- ::: Q. " )> a g :>0 " i '" '" '" 1!> = ... "' ,., ~ ~ 8 "" '" '" '" '" ;:; '" '" ~ ~ '" 1s ~ ~ ,., ,., '" u. g ~ '" 8 8 ~ ~ t: ;.> Q <:> . '" '" .... u. :. "t ... ... t t ... ~ .... -> -> : "" ~ 8; '" '" := w ;"J ~ .... '" '" <:> '" '" "" g y; '" ". 0 ... E '" <:> IS 8 b .... '" <:> 8 ... '" <:> '" ~ Q . . . Council Agenda: 5/22/06 9. Consideration of a Lanes site in exchan A. REFERENCE AND BACKGROUND: The City Council is asked to consider approving a land exchange with Butch Lindenfelser and Mark Parnell (The Partners) as follows: The City is to provide 12.9 acres ofland at Jefferson Commons in exchange for both the 10 acre Monte Club site and the five acre River City Lanes property. In addition, the City is asked to work with the Partners in development of a Jefferson Commons area sign visible from the intersection of School Boulevard and Highway 25 and located near the entrance to the Jefferson Commons development. The proposed 12.9 acre site is located north of Chelsea Road and south ofthe Groveland area. See attachment for detail of property to be conveyed to The Partners. The sign could be located on the most easterly comer of property formerly under contract with Kingbay. The City would provide the land and work with The Partners to establish a POO governing joint use. The Partners would fund construction of the sign. The development proposal submitted by The Partners includes a lounge, large banquet facility seating over 350 and abowling area containing 40 lanes. The concept includes development of a facility with size and services sufficient to attract large amateur tournaments and also become a stop on the professional bowling circuit. Similarly, the banquet facility will attract eVents from the region because there are few other facilities with the capacity to serve large events. This proposal fits well with the commercial/entertainment community that has evolved at the Jefferson Commons area. The site is adjacent to restaurants, a movie theater, and not far removed from motels and will add to the synergy of the commercial neighborhood. In addition, development of the facility will contribute to increasing the value of the land that the City has remaining at Jefferson Commons. Gfthe 12.9 acres traded to The Partners, 9 acres will be utilized by the banquetlbowling facility and 3.9 acres will be available for future development. In addition, it is proposed that certain utility easement areas that are not needed would be vacated and that the SAC fee be reduced by 40% to reflect projected primarily weekend Use of the banquet facility. Finally, The Partners are sensitive to the fact that the facility, though developed on land that is zoned properly for the use, is adjacent to a residential area. The landscaping, lighting and operation of the site will be designed to establish a good separation between the uses thus buffering potential negative affects. The Partners have indicated that they plan on conducting a neighborhood meeting to review the site design and assure the neighborhood that they want to be good neighbors. The Partners have been looking to relocate their business for a number of months searching for sites in Monticello and other cities in the area. This proposal results from a series of meetings between The Partners and the Deputy City Administrator supported by Clint Herbst and Glenn Posusta. It is projected that the existing restaurant and bowling facility would be demolished by the City utilizing TIF as part of a future redevelopment project. Interim Use concepts have not been explored. This trade would result in the City acquiring the north slope and top of the Little Mountain which is the "signature" landmark of the City. The existing Monte Club structure is viable and provides Some potential for future re~use. Potential future Use of the property will be an important topic for future discussion. 77 Council Agenda: 5/22/06 The total value of the Monte Club Hill property including building and land as identified by .' appraisal is $361,870. After subtracting the value ofthe River City Lanes building, the total value of two properties is $2,993,070 or $4.49 per square foot. If one matches this value for the City site, the City property would be exchanged at a rate of $5.33 per square foot. Although this rate is not as high as the City might obtain if it were to sell the land off in small increments, the community and other economic benefits (tax base, job creation, regional draw) of the trade could serve to make up any difference. Following is a summary of the advantages of the exchange. . Expanded, modernized state of art bowling, banquet and entertainment area stays in Monticello. . Enhancement to tax base and job creation. . Banquets, tournaments and regular play drawing people (dollars) from outside of the community pumping new dollars into the local economy. . Location within an entertainment area adds to the vitality of the commercial neighborhood, which also adds value to the remaining City land. · City obtains signature landmark and obtains ability to control use and appearance of hillside. . City obtains relatively large parcel ,"River City Lanes" along important transportation corridor. Potential key parcel in future redevelopment area. B. AL TERNTIVE ACTIONS: . 1. Motion to grant concept approval of proposed exchange of 12.9 acres Jefferson Commons site for the Monte Hill site and the River City Lanes site and authorize the City Attorney to draft documents accordingly. Transfer contingent on agreements assuring actual constmction of facility as proposed. With this motion Council may wish to discuss process for identifying future uses for the Monte Hill site. 2. Motion to modify or deny approval of proposed land exchange. C. STAFF RECOMMENDATION: The Deputy City Administrator recommends Alternative #1 for reasons stated above. This is a "landmark" proposal that accomplishes a number of important goals for the City and The Partners. It is important however that investments be made in site design and landscaping necessary to establish a buffer yard protecting the neighborhood to the north. D. . SUPPORTING DATA: Preliminary site plan, Groveland Plat, Plat showing bowling alley site, Monte Hill site, Spreadsheet outlining details of exchange. . 78 Uli ~ffi z z ~ ~ ! ~ l'l ~il ! -I- a :S :g ;::;o;:js Uz ...J a... ~ -::I If O:::w ...J w ~~l'" w w !;;: :iA. wo U l- e ll~ > F 0::: z CJ) .. 0 :i '" .... ~ 11 .. "' J j .! 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I 1'0;0;; ---....::j <DO .....J: (J)m -"Z Qj Q <0> mcO> 5' c;;:m ^ ^ ?"~ V ,~ rI\1 ~ 1\ ~ ~ I T L...- _ TOIL~ r ., ;- .~'-T' -- ~ I g ['lTOILETS ill ~ I o o Z o o c: ;0 (J) m lr ~ ~B_LlI 011 o~B- II oll ~ ogB- II oJ. I ~B- II 011 ~ ogB_11 tj 011 \O~B...III (J 0" " I L ,'P] v .-/ :> ":> ,.7 -:v I . _ [7' v P 17 f - . .[7' "- RECEPTION HALL J: 9'"Uf:OJ c';;m'> 016Cl5 (J)r-;Oc "T1m~~ o I ) ?~ ;> -,. T .~~ I ~1 m ~ .!il ~ · m ~~;:: ~~2 .~~ ~~ ~;d~ .~a liri -" 0 0 ~ > > r-c I I t!;() 00 (J)~ "T1(J) I r.n-1 g~ (J)(J) "T1J: ~'1 Chelsea Road O. Box 1585 jonticellor MN 55362 tG\~ . ~l M/1iIn~,.),_ _,L~~ ...... ~~;,~~~>,.,., Phone 763.295.3390 Fax 763.295.6422 . River City Lanes will expand from 24 to 42 Lanes to handle League & Customers Request . Employment Opportunities for Monticello Residents, 80-90 Employees . Entertainment Center for Jefferson Commons . After School Activities for Youths . Family Entertainment Facility with Birthday Parties, Banquets, Bowling, & Arcade . Larger Tournament Events Examples; MIps Men's City, MN State Couples, Pro Bowlers Association Stop o Increase Overnight Stays for Local Business . Full Banquet Facility Located in the City o Lions, Rotary, K of C & Other Local Organizations o Weddings, Retirement, Anniversaries, & Other Such Events o Holiday Parties for other local Businesses o Trade Shows ~/h{!/nlc ;}ICYtu ro/Yf?/ allo!JuJ, at2li{;?j.gJ( fiiq; J;~unej ((1J;cUJc ~~'nte1Ct:zin'ment f8entmc I 79 mcR CITY LA....~ES 'vThTAGE GRlLL REST-\, ~~'~:'_A:;; · FOCL LJj'-T::: SPOrTS BAF- · RCL PRO SHOP o 0 o() ~:r al. ~ <;co (1) (1) ~~ ~, () roqr '8 (1) " ~ ~O> " 0 (Qeft, iii'o (1) .." .."Ill o " ~[ (D, '<"" ~iil <t- orE' ~@ 5' iil "" (1) Q, ::!> " !!!. 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