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City Council Agenda Packet 09-11-2000 . Mayor: AGEND REGIJLAR MEETING - MONTIC 'LLO CITY COIJNCIL Monday, September} ,2000 - 7 p.m. Roger Belsaas Council Members: Roger Carlson, Clint Herbst, rian Stumpf and Bruce Thielen 1. 2A. B. 3. 4. ~ v'pS ~~ Call to Order Approve minutes of August 28, 2000 budg t workshop meeting. Approve minutes of August 28,2000 regul' r council meeting. Consideration of adding items to the agend' . q I ~V ~l2.- I I ~ Citizen comments/petitions, request and co lplaints. . \AI..\' ,JJfI u--(s CI J TX- ~114J j v-'. D,5 . S~ (;-l '74,J Q1-, ~ e ~-;'" /1>1' Consideration of a request for a CD for new and used a~~mobilc\fght truck sales and display in the B-3 District. Ap licant: Jacob Holdings of Monticello LLC (Denny He~ker-~.s-Autemotive Groul). Consent agenda. A. B. Consideration of preliminary and final plat for right~of-way and commercial lots known as the 90th Street Addition ald ajoint City/Township resolution supporting annexation ofland required for the Denny Hecker Auto Sales Facility/90th Street plat and adopt an amendment to zOling ordinance to ret1ect the Planning Commission action of 5/22/00. . 'Vi. \J ril ;\'l ~ <r ~J-f\~&,,-.~ C9 \ ~ 6. 7. 8. 9. 10. . 11. 12. (,\ <:f" 0J Consideration of an ordinance am nding the Monticello Zoning Ordinance, Chapter 3 Section 3-5, lD] 7, by adding subs ctions (a) and (b), establishing regulations for commercial vehicles in residential districts. Applicant: City of Monticello, City Council. Consideration of an amendment to planned unit development in a B-3 District to allow the expansion of an auto sales and -torage lot. Applicant: Dave Peterson's Monticello Ford. ~v,\...\)~~ '\\~ ~#L ~",tM Consideration of items removed from the on sent agenda for discussion. Consideration of resolution adopting preli inary 2001 budget and tax levy. Public Hearing _ Consideration of resoluti 1n authorizing a tax rate increase. Public Hearing - Vacation of easement - :edar Street (Americ1nn) Consideration of accepting revised terms f sale for the former Ferrell Gas site. Review and discussion of options for reb lilding County Road 75 (Broadway). Consideration of counter offer for purchase of Eisle property. . . . 13. Consideration of ordinance establishing a C nnmunity Center ^dvisory Board. 14. Approve paYlnent of bills for September. 15. Adjourn. . MINU I~:S SPECIAL MEETING - MON ICELLO CITY COUNCIl, Monday, August 28 2000 - 5:30 p.m. Members Present: Roger Belsaas, Roger arison, Clint Herbst, Brian Stumpf, and Bruce Thielen. Members Absent: None StalT Present: Rick Wolfsteller, Jeff 'Neill, John Simola, Ollie Koropehak, Roger Mack, Fred Pate, Kitty Baltos Mayor Belsaas called the budget workshop meeting t order. City Administrator, Rick Wolfsteller reviewed the preliminary budget documents submitted to the Council. The proposed budget would result in a levy increase of $585,000. At this time th City is not able to obtain information from the County Assessor on what the tax capacity value is 1'0 the City of Monticello so the City is not able to determine the effect of the proposed levy increase. . The Counci I discussed at length improvements to be looked at for the year 2001, which included the library expansion and the Broadway street improve ent. It was noted that the County had moved up the timetable for the improvements to Broadway. It s estimated that the City's share of this project would be approximately $500,000. John Simola ind cated that the amount ofthe City's share is affected by whether the City allows parking along B oadway. If the City allows parking, the City pays the full cost of the parking lane. Otherwise the COll1ty pays half the cost of the median and all the cost of the road. Since the sewer and water lines in t is area are some of the City's oldest lines, the City may consider replacing them as part of this imp ovement. In order for the City to fund this cost by a bond issue at least 20% of the cost ofthe impro ement must be assessed. Although the design of the project has not been finalized at this point and the City may still have some input on design of the project, the City docs need to plan for the fundin r for the City's share of the cost. The Council discussed using the $700,000 surplus l' om 1999 and park dedication funds to finance some of the proposed improvements. There was SOlle question on how the park dedication funds were designated f(}[ use, whether they were meant for Ian acquisition only or if it was also meant to cover park development. Bruce Thielen asked if funding as set up where they could break out what was available for park dedication funds. It was estimate that there is between $50,000-$75,000 that has been collected for park de ication fees. .leffO' Neill noted that where the park dedication fees have been assessed, the City is ollecting the money over a period often years so the fund is taking longer to build up. There was als discussion whether park dedication funds generated by a specific development should only be used for development of parks in the area of the development. The Council felt that the park dedication funds should be allowed to build up for a year or two before these funds arc used. . Roger Bclsaas asked about the funding to replace th City's core streets. John Simola stated that in the Capital I mprovement Program the cost of replacing the core streets has been spread over 10 years. . . . Special Meeting Council Minutes - 8/28/00 There was discussion on the assessment policy for r placing these streets and whether it was realistic to accomplish this over ten years or try to shorten that time frame. John Simola indicated that to do 1/4 to 1/3 of the core streets each year would require a bu get outlay of $500,000 to $750,000. Some means for decreasing the Icvy amount were d scussed and included: Cut funding for Community Ed/YM ~A Elimination of one position in the PI- nning Department Reduce number of added police hou s from 8/hrs per day to 4/hrs per day. Delay the purchase of the large sere n printer for microfilming. Use surplus from 1999. It was noted that the replacement of the street light for Broadway is not in the capital outlay budget. John Simola felt the street lights should be replaced at the time the street is replaced. It was suggested that maybe $150,000 from the 1999 surplus could e used for the street light replacement. The Community Center operations budget was brie 1y discussed. Roger Belsaas felt that it would take at least another year of operation to come up good Igures for budgeting purposes. Some of the 1999 surplus could be used to olTset the operating cost f( I' 2000 for the Community Center. Roger Mack, Street Superintendent, urged the Com cil to consider the overlay of Th Street from approximately Cedar Street to Washington Street. If the street is not overlaid within the next year or two, the street will likely require more work thanjt st an overlay. Roger Mack indicatecl that this portion of 7th Street does not have curb and gutter. However, the $68,000 estimated cost covers the overlay only and does not include curb and gutter. Rick Wolfsteller stated that although information f om the county would not be available until after September 15, the preliminary information he has ,hows an overall market value increase .of about 7.6%. The increase comes equally from new const uction and overall market value increase due to inflation. The Council indicated that the changes discllssed s ould be incorporated with the information for the next budget meeting which will be held at the first :ouncil meeting in September. The Council is looking to corne up with a levy increase of approxi nately $300,000-$350,000 for the preliminary budget. The budget workshop session closed at 6:45 p.m. Recording Secretary 2 MINlJ ES REG ULAR MEETING - MON lCELLO CITY COlJNClL . Mond~lY, August 2 ,2000 - 7 p.m. Members Present: Roger Belsaas, Roger .arlson, Clint Ilerbst, Brian Stumpf and Bruce 'fhielen. Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. . nd declared a quorum present. CLINT HERBST MOVED TO APPROVE TIE MINUTES OF THE AUGUST 14,2000 REGULAR COUNCIL MEETING AS PRE,ENTED. BRIAN STUMPF SECONDED TIfE MOTION. MOTION CARRIED WITH RO iER CARLSON ABSTAINING. 2. A rove minutes of Au ust 14 2000 re ul r council meetin '. 3. Consideration of addin items to the a en Jeff 0' Neill requested that an update on the coustics problem for the counci I chambers be added to the agenda. Rick Wolfstcller indica ed that item 5C should be taken 011 the consent agenda. . BRIAN STUMPF MOVED TO REMOVE I EM #5C FROM TIlE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTI N. MOTION CARRIED UNANIMOlJSL Y. 4. Citizen comments/ ctitions re uests and om laints. Dustin Aydt came before the Council to ask hat they consider setting money aside in the City's budget for a bike park to be construct d between the existing skate park and the National Guard parking lot. The Council directed sta fto check into the cost of developing a bike park. 5. Consent Agenda A. Consideration of transfer of employee fr m Parks Department to Street Department and advertize for new Park Department positi n. Recommendation: Approve the advertisement for a new park worker and the transfer of Mr. Pawelk to the street department contingent upon the hire date of the newark employee. 13. Consideration of approving new hires m d departures for August for the Monticello Community Center. Recommendation: Approve Community Center new hires and departures. . C. Consideration of ratifying settlement ag eement with Kjellberg's regarding lot line dispute. Recommendation: Approve atification of settlement agreement as set out by legal counsel. . . . Council Minutes - 8/28/00 BRlJCE THIELEN MOVED TO APPROV' TIlE CONSENT AGENDA AS AMENDED. ROGER CARLSON SECONDED TIlE M TION. MOTION CARRIED UNANIMOlJSL Y. 6. Consideration of items removed from the consent a enda for discussion. Item #5C - Scott Landsman from Hoff, Barr and Kuderer, representing the City in tbe legal dispute with Kjellberg's Inc. reviewed with he City Council the proposed settlement on the property line lawsuit. BRIAN STUMPF MOVED TO APPROVE THE PROPOSED SETTLEMENT AGREEMEN'r IN THE IXfIGATION BETWEEN THE CI Y AND KJELLBERG'S INC REGARDING THE PROPERTY LINE DISPUTE AND 'IliA VE THE MAYOR AND CITY ADMINISTRATOR EXECUTE SAID AGEEMEN]'. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIM - LISL Y. 7. City Administrator, Rick Wolfsteller, explai ed the purpose of the public hearing noting that even though the City is not issuing the bond and is not financially obligated in any way, because the equipment financed by the bond issue is located in the City, it is a requirement that the City hold the public hearing. Mayor Belsaas opened the public hearing. '1 here was no one present who spoke for or against the proposed bond issue. Mayor Belsaas the closed the public hearing. CLINT HERBST MOVED TO ADOPT TH' RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF MTLACA FOR THE FINANCING OF HOSPITAL EQUIPMENT. ROGER CAR.SON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearin - Vacation of a Hospital Campus District. art Boulevard within the Monticello-Hi Lake Jeff 0 'N ei II explained the purpose of the he ring for the vacation of a portion of Hart Boulevard. In the approval of the planned u it development for the hospital district the City had agreed to the vacation of a portion of R rt Boulevard provided the Hospital met certain conditions as set out in the development agr ement. He indicated that Hart Boulevard to the east of the hospital entrance was the area pI' posed for vacation. The portion of Hart Boulevard west of the hospital entrance would remain ublie right-of-way. The vacation was reviewed by the City Attorney and he felt the vacation w s appropriate and suggested the City verify that the legal description for the vacation was corree , that the City had a signed development agreement with the hospital and that the City had recei ed the $.61/sq. ft. for the right-of-way that was to be vacated. Brian Stumpf asked if the vacat on of Hart Boulevard would have any impact on . . . Council Minutes - 8/28/00 the wastewater treatment plant. John Simola i dieated the City has a right-of-way agreement for the sludge vehicles. Mayor I3elsaas opened the public hearing. Th re was no one present who spoke for or against the proposed vacation. Mayor Belsaas then cl sed the public hearing. City AdlT\inistrator, Rick Wolfsteller, informed the Council that th City had received the money from the hospital for the right-of-way. CLINT HERBST MOVED TO APPROVED HE VACATION REQUEST BASED ON THE FINDING THAT THE V ACArION IS IN T E PUBLIC INTEREST. BRUCE THIELEN SECONDED THE MOTION. MOTION CA RJED UNANIMOUSLY. 9. Public Hearin _ Vacation of Linn Street fr m 165 feet south of 4th Street to the railroad tracks. The City had received a request from Sunny resh and Little Mountain Feeds to vacate a portion of Linn Street from approximately 16 feet south of 4th Street to the railroad tracks. The proposed vacation would allow an expansion )fthe storage/parking area flW trucks for the two businesses. Both Sunny Fresh and Little Mo ntain Feeds have received concept stage approval for PUD's. Whether or not Linn Street was v cated would impact their design for the development stage PUD. The question was aised whether Linn Street would be utilized in the future as an exit route from the Community . enter parking lot. 'I"he Council was also asked to consider a lease of the right-or-way area to th two firms, if the Council did not favor vacation or the street. Mayor Belsaas opened the public hearing. B 'ian Thon, representing Sunny Fresh, spoke in favor of the vacation emphasizing the truck t affic generated by the two businesses and the impact that has on pedestrian safety and also how the vacated property would be utilized in development of their property. He indicated hat there would be reluctance on the part of Sunny Fresh to make improvements to the property if the City has the right to utilize the right-or-way whenever they decide. JctT Burns from Little Mountain Feeds also 'poke to the Council stating that they recently completed their new building and are now D. cusing on development of the processing area. and would like to see the vacation of Linn S reet which would benefit the development of his property. Mayor Belsaas then elosed the pu lic hearing. Clint Herbst stated he was reluctant to give p dedicated right-of-way when there was uncertainty as to what the City's future need are. Bruce Thielen and Brian Stumpf noted that area has been improved by the development of these two businesses and while the City's future use of this right-of-way is speculative, the h Isinesses use is immediate. The Council was comfortahle with the idea of a lease or I cense agreement fl)r the use of the right-of-way. The business owners indicated that they wo Id like the Council to consider a term of at least ten years. . . . Council Minutes - 8/28/00 BRUCE THIELEN MOVED TO DENY TilE REQUEST TO V ACAI1~ A PORTION or LINN STREET BUT TO AUTHORIZE ST FF TO WORK WITH SUNNY FRESH AND LITTLE MOUNTAIN FEEDS IN I'$IABL SHING TERMS OF A LEASE OR LlCr~NSE FOR THE USE OF THE RIGHT-OF-WAY. CLINT IIERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Presentation on Pro. ect Northland - Allis Public Health Department. Cathy Cerra and Allison Becker presented tl e Council with information on Project Northland, which is a project aimed at reducing alcohol use among the youth of Wright County. Cathy Cerra explained how the components of cO! munity, school and families would be used to effect change in the alcohol use patterns of outh. 11. Consideration of rantin an increase to t e individual ension for Volunteer Fireti hters Relief Association members. The Council reviewed schedules for the pen. ion plan with an increase of $2, 125, $2,150 and $2,175. CLINT' HERBST MOVED TO GRANT A INCREASE IN THE INDIVIDUAL PENSION FOR THE VOLUNTEER FIREFIGHTER 1 ELIEF ASSOCIATION MEMBERS IN THE AMOUNT OF $2,125 PER YEAR. ROGE CARLSON SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STU PF ABSI'AINING. 12. Jeff 0' Neill informed the Council thatSilv r Creek Real Estate Development had officially withdrawn from the Ferrell Gas Site develolment project. The staff was seeking direction from the Council as to what the next step should e. The Council briefly discussed what they would like to see within the development but state that the City must be f1exible in its development goals. Bruce T'hielen stated he felt that it w s unfortunate that for all the time that was spent working on the proposed development, the .ity was now back at square one. The consensus of the Council was that the staff should prepar an RFP for the site that can be given to potential developers. Update on Acoustics - Council Chambers Fred Patch reported that he had talked to Mark Wen zel of Ankeny, Kell & Associates regarding the acoustics in the Council Chambers. It was suggeste that installing Tectum panels could reduce the echo in the room by half. The price for this type 0 material ranged from $2.55/sq. ft. to $8.50/sq. ft. not including installation. Another consideration w s a change in the audio f()r the room. Currently the speakers that are installed arc non-directional speak rs and it was felt that directional speakers might . . . -:ouncil Minutes - 8/28/00 improve the audio. The staff was questioned whethe tbe cost of these remedies had heen discussed with Ankeny, Kell & Associates. Fred Patch indicate tbat they had not. The Council also discussed whether this is something staff should address or whe 1er the City should consider getting an outside firm. The Council felt that improvements needed to ake the acoustics acceptable may he something that would have to be done incrementally. CLINT HERBST MOVED TO AUTHORIZED STA "F TO GET PRICES FOR TFIE PROPOSED I MPROVEMENTS WITH A LIMIT OF UP TO $20, 00 FOR THE FIRST PHASE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Approve payment of bills for Amwst. 2000. BRUCE THIELEN MOVED TO APPROVE A YMENT OF BILLS FOR AUGUS'r. BRIAN STUMPF SECONDED THE MOTION. MO ION CARRIED UNANIMOUSLY. 14. Adjourn. BRIAN STUMPF MOVED TO ADJOURN T 8:30 P. M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNA IMOUSL Y. -"--,._-"'--,-_.,'-'~'_.-.,-- Reeordi ng Secretary 5 . . . City COline i I Agenda- 09-1 1-00 SA. 111 a Consideration of a Conditional Use P B-3 Zonin J Distiet. A lieant: Goldri A. The Goldridge Group has applied for' Conditional Use Permit to establish a new automobile dealership to be known a Monticello Dodge between Interstate 94 and the extension of Chelsea Road est. The property is zoned 8-3, General Business, and guided for comme .cial use in the Comprehensive Plan. Automobile Sales is a Conditional Use in this zoning district. 'I'he conditional use permit section of t le zoning ordinance was recently amended to require that on p,weels of this size ( ,8 acres) a building must be built which is at least 15% of the lot area. In this ea e, a building of at least 40,000 square feet is required, The proposed building a pears to be at least 42,000 square feet, in compliance with the standard. Staff will verify compliance as more detailed building plans are developed. There '. e other requirements as well: . Outside sales area is screened from nei -'-hboring residential districts. The property yvill be surrounded b commercial land or the interstate. . Lighting is to be hooded so that the ight source is not visible from residential areas or the public right of way. The site is brightly lit. Stallwill h working with the developer to ensure that this clause is met. . Outside sales area is hard surfaced. This requirement is met. . Adequate parking is provided apmi from the area utilized by outside sales. The site plan illustrates parkinJ?.fi) - customers of the sales area, the parts and service area, as well as employee p rking area along the western houndary. There are more than adequate parki g areas designated on the site plan. S'tafl would recommend that the customer arking areas he physically separatedfi'om the di.splay areas hya curhed or land.'caped boundary to better distinguish those .spacesfrOln display area. The entire .Javed area is to he surrounded hy concrete curb to control traffic and drainage, in accordance with the zoning ordinance requirements. . Vehicular access points do not creat traffic con11icts, and are approved by the City Engineer. The applicant has been working lith engineering stall to coordinate access points with the construction of'ehelset Road West. . Lot dimensions are at least 22,500 squ re feet. The parcel exceeds all lot dimensi n requirements. . Drainage is subject to the review and pproval of the City Engineer. The engineer is reviewing this is.He with the applicant. . Signs arc consistent with the City's si n regulations. 1 City Council Agenda ... 09-11-00 . A cmnplete sign plan is not yet a ai/able. The applicant has modified the primary bLlilding sign to comply Yl'ith th' prohibition to roojsignage. The applicant has submitted a landscap plan which appears to be in conformance with the City's requirements f(w site an parking lot perimeter landscaping. B. ALTERNATIVE ACTIONS I. Motion to recommend approval of the Conditional Use Permit for Monticello Dodge, subject to th conditions listed in Exhibit Z. This is the alternative recommer ded by the Planning Commission. 2. Motion to recommend denial ofthe Conditional Use Permit, based on findings discussed at the public caring. 3. Motion to table action on the C nditional Use Permit, subject to additional information. C. STAFF RECOMMENDATION . Staff recommends approval of the Con litional Use Permit for Monticello Dodge. The site is zoned appropriately, and the plans submitted appear to comply with the City's requirements for Automobil sales facilities. Exhibit Z includes appropriate conditions of approval as 0 Itl ined in the zoning ordinance. D. SUPPORTING DATA Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Lighting Plan Exhibit D -. Landscape Plan Exhibit Z - Conditions of Approval . 2 City COllllci I Agcnda- 09-11-00 Exhibit Z - Conditions of App oval for Monticello Dodge . 1. Verification of compl iance with the ligh ing provisions ofthe ordinance. 2. Customer parking is delineated by a sep rate curb and landscaped island barrier to distinguish it from sales area. 3. The paved site is surrounded by curbing to control tratlic and drainage. 4. The City Engineer approves of the drain ge plan for the property. 5. The applicant submits a signage plan co lsistent with the regulations for signs in the H-3 zoning district. 6. Final stall review of the building and sie plans. . . 3 ;)\ 'v 104100 104200 ......... ........., / y~ ~. ~ I ",", ~ '~ ~ ~ ......... ~ ."': . ' 104200 Request for conditional use permit for new & used auto/light truck sales & display in the B-3 District. ~ ---" " ----- '----- -------, 9 '~, ------ .. 0.."1 ~_ ~o~ x~'. 104202 , . 4100 .; i ,.. t_ .... '.I I -------- -I~- 4<>0 ~ c..SS,4 OF' 104306 ., ~ S i I ~:: 104301 OF . . .. 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II II II ,I )/ /; : : : : 4t : : : : : : : : : ' : , : : : . - : : : : : : : : : : ' : : : : : : : < 0 ~ ~ ~ : : ~ : : : : ~ :, : ~ : : ~ : ~ : : : : : : ' < ? : : : ; ~" ~" ~" e" ~" ~" ! e" e' ~ ~" e" ~. ~~ ~~~T~~~~~~-~rr;~ , ll. ~ _' -" -" " " ~ ~ e' :.. .. ~- ~" -;: ~" ~ ~. ~" ~" r: e" e" e" :- e" e" 0" e" r: ~" E" E" , :" ~. e" e" e" e" e' " I'.l" b" ~" e' e"e"e't' :"ee' ~.' ( ~e" -" :: - ., &.. ~ ~ ~ · u [?~ g g g JJ ~~ ~" ;:; f :" .' " e" e" E" e. e" ~" :" ,.' f -' ;; -' " ~" ~" E" e" e' t" ~" e' " ~. E' e1- r;" "," ~" ~. e' ~ t e." ~" 0" e" e' f ~" ",' ji" ~" ~. ~" ... " 0' ~. c;," ~. e" ~ ~" ~" o' ~" ~" 0' . 0" EO ~ '! <)" ": ~" :" ~ ~. r ." " -' . "bO :;:- ~. ~ " ~.~~.\~.~~ ~Jj1Wll\lg~~\-~:l~J. '-K b' ~ ~<~ a' ~'n'\TT mTf 11 !mB1a\a~ flSf' 11~~~~ t:" ;;:" ~ o' e" t "-I- ii" ~" ~" ;;" ~' f e' :;:" ~" e" ~. e" e" :. ~" !;; ~" ~ ~ ( r ~ ~ ~ ~ ~. ~ , ~ ~ ~ , ~ ~ ~" c" ,.." .... " ". " ;" e' c," c. c" :.. ;." e' ~" c; ?,." e' .. ~" ~- :" -;," ~" ~" c' ~ r ~ : , ~ ~ ~ ~. ~ ~. ~" 'i." ~. e" c" ~" <>' ~ e"!::"e"E" , ~ ~ ~ r , , ~. r ~ ! r r r ~ : ~. ~" !f :;" :" E" ~" E" o' ~tl;:!l:t= ~ r ~ o ~ II :E n II ~ C II !!l II . II Z II Cl I ~ --- ,;3 GI:DJ ra _ 0 ~ -----~ (:::n::O] C;; /I II -- ------ ~---~-~ r- I I : 1 II ,,-, "TI I I - ~~ 0 i ~i ,'l~ dl (QJ I U'> ~~~_ \ ~i ~ i~ -"- _ M--!;;2- n ~ I I, ---- "1------' -- . .--- ~-~ --.----.-- - "":tDd9!i ru~ fU11 tn \ I C) C) - - \ C) - ~-o l"\ :: Q~ di' =:~ c::) t= ==r= ~ -~~-- ~ ~ ~~ . '\\ J~ ~ _ [!~J t ~Ll~ ~lilJ'" J~~ ,,1-- l. .--- -~~ \2~-Jlll;lld- ~ =--=== "I J ~:Dd \ === -<\ [O~) " ~ -.." " ~~ tn9 O::i'O ~ > ~ . .. . 58. City Council Agenda - 09/11/00 Consideration of a Preliminar cmd final PI t for the 90th Street AdditiOl1' and Ado tion of Joint Resolution su ortin annexation a d a Jrovin T transfer of fonner 90lh Street ROW to ad'oinin T landowners' and Ado ti n of an Ordinance Amendment Establishin B-1 Zoning. (NAC/JO) A. REFERENCE AND BACKGROU The City has finalized acquisition of the 1m d for the construction of Chelsea Road West, including negotiation with the Township a1 d County for the disposition of the former 90th Street right~of-way along Interstate 94 whi h will be transferred to the adjacent private property owners. The terms of the transfer were approved by Council prior to the start of the project and include payment of asse" sments for Chelsea West road improvements. The land transferred to Denny I-lecker Aut along the western boundary of the site is priced at the same rate as the Hoglund sale. price. The funds obtained by the City from Hecker will be used to help pay for acquis' ion of the Chelsea West right-of-way expenses not funded by assessments. A plat of the area is necessary to clarify tit: e and allow the distribution ofthc parcels. The City Engineer has prepared the plat, a tached as an exhibit to this report. [n order to proceed with development in this area, ap' roval of the 90th Street Addition plat is requi red. Also, on a related matter it was discovere that the annexation of the Hoglund land on which the plat is located was only partiall! completed. Only the lloglund land that included the original Groveland Plat was .ncluded in the recent annexation. Thercflwe, a joint resolution supporting the annexationl of the 90th Street Addition needs to be processed via City/Township joint resolu ion. Please note that the MOAA Board and Monticello Township have already appro ed the annexation of the entire Hoglund parcel. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval 0, the preliminary and final plat, based on a finding that it is consistent with t e development plans for the area as described in the Comprehensive Plan. Motion includes adoption of joint resolution and transfer offonner ROW to adjoin'ng land owners. Motion to approve final plat is co tingent on the Municipal Board approval ofthe annexation request. 2. Motion to recommend denial oftle plat. 1- . 3. City Council Agenda - 09/] 1/00 Motion to table action on the plat subject to additional information. C. STAFF RECOMMENDATION Staif recommends approval of the plat. T lis plat and the land distribution has heen a basis Jar the proposed development adjac nt to the extension oFthe Chelsea road West through this area. D. SUPPORTING DATA Exhibit A - Plat Drawing .. . -2- AUG-29-2000 13:47 WSB & ASSOCIATES I C. ~~ II I!~; ~ ,-Ii .." I~i " ,ai , ; -.,...-.-.-.-,-.-...... .......-.-\.-- ^ ~I ,\ _.. I~' ..~.. -~ I i I ~"'...' ~ .. j - I ~ I ! , ' Ii . I 1=: : Ai : ...1 I I I I I . , I I , I I , , , " ll~ I I I.' I ,1- Il' -... . -.- li I JJ ld J. iPll1 I I1II . 0 ,I' I -II: I I , .- '~:Pl ~ ,."...- .";' $I.,.... ~...> '~iei.. .;b , ".~,II. 1:~.. "'--1 .... .. .6''' I! I ..., I .....1 ' I .,. ~411 1\ I 'II! .. \ ,-- e.i i" \ \ ~ 51 I \ li J'"iI / , d. I; ....-...r_;;..-"" I ~: IliI !L J Iii, "l' -. f - ., ~'~a ;1 ..: !,.h II : ""~~ lh. u r: ... I rO-.J-J....,........_- IU tll ~ ill;' i ~ ... ~I' ~ :: oft .. .. .. g o .. ... .. f ! ! i ~ " :l .e o ~' ,/; ;!l. ~ ii 5(3 TOTAL P.02 City Counci I Agenda - 09111/00 . sc. A. REl"ERENCE AND BACKGROUND This Zoning Ordinance amendment coupled ith a proposed amendment to the traffic ordinances of the City of Monticello are intenied to allow enforcement of ordinances restricting commercial vehicles from resident' al districts. The current ordinances intend to disal low commercial vehicles in residential d' stri cts (with some exceptions); however, alone the 9,000 lb. gross vehicle weight restriction s insufficient to enable enforcement. This ordinance amendment along with amen ments to the traffic ordinances (on-street parking ordinances) will help to preserve the character of our residential districts while not limiting necessary commercial vehicle tram serving those districts. B. ALTERNATIVE ACTION 1. Motion to approve Ordinance amen mg Monticello Zoning Ordinance, Chapter 3, Section 3-5, [D] 7, hy adding suhse ions (a) and (h), and estahlishing regulatious for commercial vehicles in residential d stricts. . 2. Motion to deny the Ordinance ame ding Monticello Zoning Ordinance, Chapter 3. Section 3-5, [DJ 7, hy adding suhse tions (a) and (h), and estahlishing regulations for commercial vehicles in residential istricts. c. STAFF RECOMMENDATION Staff recommends Alternative 1. D. SUPPORTING DATA . Copy of proposed Ordinal ce with underlining to show amendments. - \ - . . . . ORDINANCE CITY OF MO TICELLO WRIGHT COUNT , MINNESOTA AN ORDINANCE AMENDING MONTICELLO ZONIN -, ORDINANCE, CHAPTER 3, SECTION 3-5, [OJ 7, BY ADDING SUBSECTIONS (A) AND (8), ESTABLISHING REGULATIONS FOR COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS: THE CITY OF MONTICELLO DOES ORDAIN: Titlc 10, Chapter 3, Section 3-5, [OJ 7 is hcreby amcndedito rcad as follows: 7, Off-strcct parking facilitil s acccssory to residential use may be utilized solely for the parking of icensed and operable passengcr automobiles, no more than one (1) truck I ot to exceed gross capacity of ninc thousand (9,000) pounds, and rccr ational vehicle and equipmcnt, Undcr no circumstances shall requ. 'cd parking facilities accessory to residential structurcs be used for thei storage of commercial vchicles or cquipment or fl.x thc parking of automobil' s belonging to the cmployecs, owners, tcnants, or customers of busincss or Imanufacturing cstabl ishments. {ill iii, An vehicle w'th a uross vehicle weioht in cxcess of9 000 Ibs. (Q} Commercial vehic es shall be sub'cct to all othcr rovisions of this ordinance' howev I' the rohibitions of this Section shall not a I to thc following: i. Commercial ve icles that are actuall unloaded in thc d e course of business. ii. Commercial v hides that are dircctl ancillar to construction and arked within I 0 0 feet of the related construction sitc. iii. Vehicles licen ed with Oisabilit Parkin' Certificat . iv. One-lon asse ucr vans used solei sc This Ordinance shall become effective immedia ely upon its passage and publication . according to law. ADOPTED by the Monticello City Coun il this ATTEST: By: Rick W olfsteller, City Administrator AYES: NAYS: . . day of CITY 0 MONTICELLO By: oger Belsaas, Mayor i ! ,2000. SG City Council Agenda - 09/11/00 . 50. Consideration of an amendment to a Jlann'd unit develo. ment in a B-3 District to allow the ex ansion of an auto sales and stora re lot. A .lieant: Dave Peterson's Monticello Foret (JO) A. REFERENCE AND BACKGROt ND As you recall, at the previous meeting oft e City Council, this item was sent baek to the Planning Commission for further review. The Planning Commission has completed its analysis and is recommending approval, si lbject to conditions noted in Exhibit Z. Please note that additional data regarding site dr. inage is being prepared for review by the City Engineer. This information was not a stril 't information requirement for Planning Commission review. I The site is bordered north by a Day Care ~lcility and empty lot. One the east by Sandberg Road and adjoining Ford faeili . The Life Fitness facility is located along the southern border of the parcel. The prop sed use is acceptable in the district. . Storagc/sales lots and employec parking rcnot allowed by code without the presence of a principal use on site. In this case, theUD is employed to link the Ford Dealership and its operation to the use of the nearby but 'eparate property. Please note that in calculating the ratio of building area to total site arc<, evcn with the additional land, the building is greater than 15% of the total area, thus t e PUD meets code in this regard. The plan calls for development of a pav d area for vehicle inventory and some employec parking and a paved area for vehicle sto'age. Curb and gutter will be placed around the entire perimeter. Trees will be located i the setback area between curb and the adjoining properties. Following is a quick summary ofcertair sitc plan elements and possible concerns. Landscaping/BufTer Yard Screening. The plan shows a wood fence and some landscaping along the boundary between the Day Care and the parking lot. The fencc als wraps around the back of the Day Care property thereby providing a complete screening effect. Lighlim! Plan It is our understanding that the lighting from the original ford Dealership will be reused in the storage area. The intensity ofth light must not exceed maximums defined by code. Thc Building Of1icialneeds to d termine whether or not thc lighting plan will . -1- ~J;;~f~~-:~~~,~~~-::~_'~l"~~~~_71'_~= "'_.~~~'@'p</~---t.......---- ____. --...-;p----~--- . --~.::;;- - n:-_~--~-=:= _ _ u ___ _ _ .__nHU__- - o,~ r=r.Y-S:: ____:2/~~--n~2f';::<i?/P2- D' &ili",,' 0 D"'''''Y 0 RQlurn 0 Call 10' pid<up ...-------..-' .--,....---. . ".,-..---.. ,....-.-....---.... .._.__.-_..~-_._. ...~.....__._~_.- . "....- ...__..._~. 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('7l>3) ...... 1-3990 F...X ("16:;1) 441.tOi<-~lil OFl"ICE: PHON'" (..,610) 2.9:5.2.107 F...X (703) 2.~5.a 1 65 .Cit...TI..-'E:O ...,;;....'- f"1l0"~"'TY LAW SPlLCIAI-15T September 7. 2000 -ItA. ' -s Ie tf G1 Ile &>1/\ 00..01 w /:tfe-1. f,( ~ /lA a. AII........J Afh ~ e......., lAJ(,tt-e-? ~Rt' rV1~~ 10 f./7; f!e!6'71. r/tJ) 5'ltAl'l AJ-<''"1c1 ( '/Zes.f' (G,.1A,.A--'l~ 15 <g/I~~r- rj-La. . Jeff O'Neill Monticello City Hall 505 Walnut Street Monticello. MN 55362 Re: Monticello Ford-Mercury Subject: West Parking Lot Condition 1 Use Permit As you \moW. thi. linn represent. Montioe 10 Ford-Meroury, and tbi. letter concern' it. conditional use pennit application for it. p king lot west of sandberg Road- It i. my V S unde""",ding <hat as a condition ofpemU appro".u. Montioello Ford has been directed 7" to complete topographical survey and eng- cering work. whicb it is currently striving t timely complete- I funber underwmd that tbe City requires tbat tbe lot be paved, whicb I . '. cP Monticello Ford is also seeking to llrTang and timely complete- Mr- Peterson is acting \}.;j01 with all dilig= to comply witb City req est., and he ""pacts to be oble to begin and ." ( hopefully comple", dte required work on he parking lot widtout delay- However, due to - I'" W 0 the uncenainty and unprediotability of Minnesota weather and Contractot delays. Mr_ --'> 1" i< I Peterson cannot guarantee that the work -n be complered this fail. but can guarantee it "" ,I~' !.f will be completed by Joncl, 200'- To' cure this promi.e, Montioello Ford will agree to 1'- yJ- ~ 1 allow the City to retain tbe bond posted irh the City for landscaping work. now " ' T G ~ completed, which by rights sbould ha"e een returned to Monticello Ford some time ago- ''1.0 0 cod J C oJ '-' . \ i\ t Il V,- 'ZThiS request for additional time will cau e no hardsbip to the City. sinee it is my "' ~ f s ,^o~ \ ( v>' \ ". u under$t8lldi"8 tbauhere is nu demon> ble evidence tbat there are any proble"'" wid, 0'" J.9. ,A' ." (; drainage, erosion or soft ground tbatte - re irom""'a" remedY or ",tcation- pl. 0 f IcY Altern"'i"ely, in the eve'" the ground IT ""s bef'ore paving can be completed. it further ('1" ~ ," __ . dimini.hes any risk- Conv....ly, ifMo ticello Ford i. forced to anempt completion of 16 "i '- f A tbe work on a rigid pre-fieczc .chednle, if the work i. not completed becaUse of 1 i{ 0" vVo1 Dear Mr. Neill: ,Qdlty aQ ~iCJ!: git\Ce 1968 SD SEP-OB-2000 14;18 FROM-GREG SMI TH 6122Q55165 T-148 P.OOZ/OOZ F-712 inclement weather or contraCtor delay, Montie, \10 Ford will be unfairly forced to forfeit its bond. I funher undersrand that the question ofthe" sed Cars" and "Used Trucks" directional ,j' 11,1 signs located in the MonticellO Ford parking t was discussed at the September S. 2000 1'^'" 1'"7J Planning Commission meeting, in an attempt 0 tie removal of the signs to approval of -it + I./' ~ ,f, S the conditional use permit application, As y know these are separate properties and} o-~' I" ,,5<Je separate issues. Representing Monticello Fo d on the sign question, I have written to Mr. ~ 'f' , r < i ;' Fred Patch on two occasions and in>li!ed his esponse or the response of the City 1"- f' t' J-'^ V'-' '. .\1';] Attorney, most recently in my letter of Augu t 22,2000, Copies of both letters are ^ p~~ ft') "1 J i\",t enclosed. Any disagreement betWeen the Ci y and Monticello Ford regarding these signs ~"" I"J',1 (o,cl.J' a is an issue completely separatdrom the con itional-use-permit application. ~d any to .' af -.' " e anempt:O tie the twO togelhens mappropn e, as well as an affrontto MontIcello Ford's P v 0 ~ " \A 1 u. ,good faIth effons to seek a mutually agreeab e resolution of the ISSue, as stated In my ",.' J few'! letter of August 22, 2000, For example, M~ ticeUo Ford is certainly willing to replace I'So ,J' t' the current signs with metal, hard plastic or' ood when the CIIrrent signs wear out. Their L 0-'"' I"^' antici paled life span is two years, By copy f this letter, I am again inviting the City ~ t.1 L leA l p'" '.' \' Attorney to contact me if there is any need r further discussion of the City's concerns, -, . Jlt' \ "",. . I.'{;~ I;'" U \ ; ^ "i S C 0 As you know, Monticello Ford is an exemp ary corporate citizen of Monticello, and its recently constlucted world-class dealership facility is a credit to the City ofMomicello and a source of pride to Ford Motor Comp ny that amacts nationalattemion into the City . of Monticello. In return for the good will nd tax dollars it provides to the City, Monticello Ford seeks and ex.pects fair tre ment, along with the consideration, cooperation and willingnesS from City offi ials that benefit both the City and its business and corporate citizens with a win-win envi onment. . Please place the Monticello Ford conditio al use permit application on for consideration aI the next Planning Commission meeting, ifnecessary, and/or the next City Council meeting for approval, using the June 1, 20 I deadline for completion of the paving work, as secured by tbe Monticello Ford bond nds already held by the City. Jfyou have any questions ot' Wish to discuSS any aspect of this letter, please call me. /' -:::> atrick M. o'ponnell PMO/emj File No. 23495 Ene. cc: Mr. Dave PeterSOn Mr. Dennis Dahlen, City Attorney . so . resuJt in a violation of the City ordinanc governing gJare. This may require preparation of a pbotometric plan for tbe site. City Council Agenda _ 09/11/00 Sloraee Area - 5,'creening Fence. As you will note On the plan a significant area is identified as a storage lot. In the past. the City has required that these areas he s reened from view. In the case of OJson Electric, when Jerry's Towing Was givcn Pproval Jar storage, sJats in a chain link Jence were installcd. Planning Commissinn ma wish to discuss the mcthod for screening the stnrage area and determine Whether or not slats need to be added to the fence in addition to tbe landscaping. One the West end of the northern boondary' here is no landscaping which will a/Jow Jun"e expaosion of the facility. The plan d es however sbow curb along the expansion boundary which normally the City would n t require. Drive Access Poin15.. . The pJan shows two access points on Sandhe'g that COntributes to an efficient parking lot Jayout. PJease note that the access points do Jot Jine up with access point across the road which will result in an indirect route Jar the v'hicles moving from one side of Sandberg Road 10 the other. John Simo1a meotioned a oncern that drivers might make diagonal crossings as a resuJt. Planning Commission J lay wish to discuss this matter and deteonine whether or not to require cross stre t access points to line up. Parkin}! Island DelineatOl::J. According to the City Planner, parking island d'lineators arc not necessary because the area is used for inventory primariJy and is not a pUblic/employee parking area. Therefore landscaped island delineators arc not required. 5'ignagg No signage plan has been provided therefore this PUO amendment will not inclUde changes to the sigo plan. The code does allow fo installation of directional signs (ten sq uare feet) Without a permit. In addition, according to staff interpretation of the code, We beJieve that tile dealership is in currentJy in vi lation of the sign ordinance by displaying used car banners on a number of Jight oles. 1t is OUr interpretation that these arc Product identification signs that Were not inclu ed in the original sign program. The operator says that these are directional signs. We aVe referred the matter to the City Attorney. We believe that it is important that this ssue get resolved because We have -2- . been getting pressure from a nearby used. 'ar dealership that want to display similar banners. Failure to enforce the code in th s instance could lead to proliferation of banners. As an alternative to requiring removal, th City Council could amend the PU D to allow the banners as they are now currently dis layed. B. AL'IERNA TIVE ACTION 1. Motion to approve the amendmen to a planned unit development in a B-3 District to allow the expansion of an auto 'ales and storage lot. Motion contingent on completion of items noted in exhi it Z. Motion based on the finding that le proposal is consistent with the comprehensive pian and the Plam ed Unit Development approach results in development of a superior site pl' The Planning Commission reeom lended this alternative. 2. Motion to deny approval of the ar endment to the planned unit development based on the finding that the 011-s te parking/storage area. . C. SI'AFF RECOMMENDATION StatI recommends approval of the amend 11ent to a planned unit development in a R- 3 District to allow the expansion of an auto sales and storage lot subject to conditions noted in Exhibit Z. D. SUPPORTING DATA Exhihit Z + Conditions of approval Site Plan Draft Minutes of the 9/5/00 Planning COIlmission Meeting . . . . Exhiit Z 1. Installation of additional trees and or establishment of a 5' setback between curb and property line adjacent to the day care in ac 'ordance with the bulTer yard requirements. ') L. . Approval of the grading and drainage plan by the City Engineer. 3. Approval of the lighting plan by the Build ng Official. 4. Removal of the used car banners not ident fled in the original sign system. I 5. Installation of screening slats within the cain link fence. This to screen the storage area. 6. Payment of trunk sanitary, water and storn sewer fees as required by City Policy. 7. Completion date of December 1,2000. . . . DRAFT Planning Commission Minutes - 09/05/00 9. Jeff O'Ncill, Dcputy City Administrator, pr vided the stalTreport adding that there was additional information submitted regarding nginecring and that is being rcviewed at this time. lie also notcd that the information W,s not pertinent to the planning commission's decision. O'Neill gave a briefrcview of the planning 'om missions decision to dcny this item and send it on to City Council at which time the Council remandcd it back to planning commission because the necessary site plan data was then available for review. O'Neill also advised that storage/sales lots and empoyee parking at Monticello Ford are not allowed by codc without the presence ofa rincipal use on the site. In this casc, the PUD is employed to link thc Ford Dealership an its operation to the usc of the nearby, but separatc, property. O'Neill advised that the PUD does meet code in regard to the 15% ratio of the total building to area. O'Neill gavc a summary of certain site plm elements and possiblc concerns of stafT and planning commission as follows: Landscap ng/BulIer Yard Screening - did not appear to meet the minimum requirements ofthe cod in terms of creating separation betwecn thc parking arca and the daycare facility. Hc n tcd thc for a 10' buffer yard, according to staff interpretation, whcn located next to a ommercial usc. It was also discussed whether the daycarc was classified as a commercial use or not. Also notcd was thc fence bctwecn the daycare and parking lot which provides a complete screening effcct. -5- sO DRAFT Planning Commission Minutes - 09/05/00 . Lighting Plan _ It was discussed that ligh ing from the original Ford dealership may be used but that the Building 01ficial would have to review and a plan had not yet been submitted by the applicant. It was sugge 'ted that a photometric plan be submitted for this site. Storage Area/Screening Fence - The pial ning commission may wish to discuss the method of screening for this significant tm'age area in addition to the landscaping. Drive Access Points - There was a conc rn by the Public Works Director regarding the two access points not lining up with ace ss point across the road which could result in an indirect route for vehicles moving from ne side of Sandberg Road to the other. It should be determined by the planning com miss on whether or not to require cross street access points to line up. . I Signage _ O'Neill noted there was no siTnage plan submitted and therefore this PlJD amendment will not include changes to he sign plan. There was a great deal of discussion regarding the banners being isplayed on the light poles on the site which staff and the City Attorney feel are in violati m of the City code. However, the applicant believes the banners to be directional si ns. O'Neill and Brixiolls expressed the need for this issue to get resolved as there has b en pressure on staff from a nearby used car dealership who wants to display simila banners. [t was also noted that failure to enforce the code in this instance could lead to <: proliferation of banners. Chair Frie asked staff if the City had b en in receipt of a legal interpretation regarding the banners and it was stated that they had been in contact with the City Attorney, who would also be in contact with the attorney for Peterson Foret Frie also asked Mr. Peterson if he was in receipt of the conditions listed i 1 Exhibit Z and he stated he was not up until tonight's meeting. Chair Frie opened the public hearing. Dave Peterson, Monticello Ford, addressed the commission. Frie asked ifhe had bee in contact with his attorney regarding the banners and he stated there had been discussio 1, but that he did not feel they had anything to do with this particular agenda item. Aga'n it was noted that it is now the time to address the rules that were initially imposed but a e not being followed. Peterson again stated that these were directional signs directing 'ustomers where the used cars and used trucks are located. He also stated that he was n t willing to remove them at this time. . O'Neill stated that the City was sympathetic to Mr. Peterson's situation, however the problem the City faces is the pressure from other dealerships to also install banners and they will proliferate and end up ever where. He stated that possibly staff could work with Mr. Peterson on a solution. Fre Patch, Building Official, advised that the code allows for 10 sq. ft. maximum directi nal signs and also noted that the previous signage that was approved was within that pi' n and these are not. Patch also stated that these -6- ~.JD DRAFT Planning Commission Minutes - 09/05/00 . banners are too large and the material they ar constructed of falls into the definition of banners. It was staffs perspectivc that if app oval was granted on this item, it should include that thc signs on thc existing site neel. to be in compliance. Mr. Peterson asked that this item be continue due to the fact that he did not receive information on the conditions in Exhibit Z pri I' to this meeting. Robbie Smith stated his aggravation regarding continuing this item ag in and felt that the planning commission had already spent too much time on this item. Chair Frie asked Mr. Peterson which conditions, other than the signage that he was uncomfortable with and Peterson stated item I with the additional trees noting he wOlld have to bring this back to his architect to have re-done. Peterson also added that he wa not aware of the fees listed in the conditions. O'Neill address thisissuc stating hat this is a long standing policy for the City and that he had discussed this issuc with Steve Johnson of Monticello ford as well. There was further discussion on the engineeril g data still needed and O'Neill again stated that this was not pertinent to the planning con mission's decision, but that City Council had also addressed this need for the appropria e data to Mr. Johnson. . 'fherc was further discussion regarding the ad itional 5 ft. requested in the conditions and Mr. Rrixius stated that narrowing the drive s1'-l1s could provide this additional 5 f1. and Peterson would not lose any parking stalls. It was again noted that this type of information cannot be determined until a com lete site plan is submitted by applicants. There was also a qucstion by the commission - s to who determines if the daycare site is commercial or institutional and O'Neill advis' d that itis difficult to dctcrmine by looking at the code, but that according to the City Pial ner it would be commercial, although it seems the intent of the code would be instituti na!. D. Mandel, Playhouse Childcare, also asked ho determines the classification of their site how this would affect them. It was noted hat this was really not a concern to them as it was not the height of the fence, but the spac between the properties where the fence would be located. Ms. Mandel also stated the I' concerns with the parking issues and security and that there had been no contact wi h Peterson or Dunlo Motors, the auto dealer on the other side of the childcare, regal' ing these issues. Melody Peterson, Playhouse Childeare, also a dressed the commission stating the lack of communication between Peterson, the Playho se and Dunlo Motors. It was noted that a meeting had taken place with the three parties but that Ms. Peterson was not able to attend. O'Neill advised that he had sent Ms. eterson pictures and notes regarding that meeting and he would get them to her again. . Clint llerbst, Council Liaison, asked the com ission why Peterson Ford would need to abide with a 5 ft. setback only because there is a daycare next to them. This site could be something entirely different from a daycare at some point in time. I Ie did not feel it was the responsibility of the two car dealerships to put up these fences and lose 5 ft. of their -7- [~\) DRAFT . Planning Commission Minutcs - 09/05/00 parking availability. Chair Frie noted tlat Dunlo Motors was an entirely separate issue and would be followed up on by statI. l' ave Pcterson did note, however that thcy and Dunlo Motors would be installing the fe'lcing once Peterson is ready. Melody Peterson asked Dave Pcterson 0 'his time frame on this item and he stated that it was his intcntion to start sometime this all. Patch asked Mr. Peterson to establish a specific date that the work would be Cot plcted and Petcrson said he could not do that. Patch advised that the use is already the and that they are in violation as thcy arc non- conforming. Mr. Peterson stated hc was not prepared to establish a date until his attorney had worked with the City Attorney regal" ling the sign issue, stating it could be June of 200]. Petcrson did statc that this was hi major concern regarding thc conditions of the approval. Chair Frie then closed the public hem'ingl Popilck statcd he concurrcd with Smith in that this issue needed to come to an end and 1at the applicant is not in compliance with City codc. Planning Commission would like date established. Dragsten stated he concurred but that the condition regarding the setb" 'k should remain at 5 ft. A MOTION WAS MADE BY DICK FR E AND SI;:CONDED BY ROBBIE SMITH TO APPROVE TI IE AMENDMENT TO A LANNED UNIT DEVELOPMENT IN A 8-3 DISTRICT TO ALLOW TIlE EXPANSION OF AN AUTO SALES AND STORAGE LOT, CONTINGENT UPON THE COMPLETION OF THE ITEMS LISTED IN EXIUBIT Z, WITH TIlE CHANGE IN I rEM #1 TO A 5' SETBACK, n'EM #4 TO BE DETERMINED AND DECIDED UPON MUTUALLY BY THE CITY AfTORNEY AND THE ATTORNEY FOR PETERS( N FORD, AS WELL AS THE ADDITION or ITEM #7 STATING A COMPLETION I; ATE OF DECEMBER 1,2000. . There was further discussion with Dragst n not being comfortable with the completion date and commissioners not being comfOl able with having the attorneys for both parties decide on thc banncr issuc stating they fel this would set a preccdencc for future issues. Mr. Brixious statcd his opinion regarding the signage/banners would be to concur with staff and remain with conditions listed. CHAIR FRIE AND ROBBIE SMITH TlIEN RESCINDED 'rHEIR MOTIONS. A MOTION WAS MADE BY ROBBIE, MTTH AND SECONDED BY DICK FRIE TO APPROVE THE AMENDMENT TO TH PLANNED UNIT DEVELOPMENT IN A B- 3 DIS'fRICf TO ALLOW TIIE EXPAN, ION OF AN AUTO SALES AND STORAGE LOT, CONTINGENT UPON THE COM LETION OF ITEMS LISTED IN EXHIBIT Z, WITH TIlE CHANGE TO ITEM #1 TO 5' SETBACK AND TI IE ADDITION OF ITEM #7 FOR A COMPLETION DArE F DECEMBER 1, 2000. . -8- ~)\) DRAFT Planning Commission Minutes - 09/05/00 . There was fm1her discussion regarding he completion date regarding landscaping due to weather conditions and perhaps it shoul be stated that the completion date to be December 1, 2000, weather permitting, and that staff and Peterson Ford would work out a satisfactory date. Patch suggested the applicant put up a ond for the landscaping. It was stated to amend the motion to add the language of weat ler perm itting to item #7, but after further discussion on the matter, Mr. Peterson eft the meeting and the motion carried unanimously. . . -9- 'C~D S ::TRICAL NSFORMER 'b s -' w W CONC. APRON S MH W PER CITY REQUIREMe:'N . . S S A S A -t G ,---- - E J __-L--_ $ ~ 1NI1D>~~IR{@, IR{(\)#\ ---- 26'-3" -w --- ~5'-O. W w- <0 E S 'h I ;-.. A 1 Dl en ," """. . \ ) 2 - C -3 - C ( '"- . . . Council Agenda - 9/11/00 7. (RW) A. REFERENCE AND BACKGROUND: By September 15th, the City must notify the - ounty Auditor of our preliminary tax levy needs for the 2001 year budget. I n addition to the t, x levy amount, the Council must set a date f(Jr our public hearing on adoption of a final budget, nd tax levy and a continuation date, if necessary, f()r the public hearing. Based on the discussion at our last budget we rkshop, the Council was in agreement with the suggestion of some possible cuts in the budg t that would total approximately $280,000 and allow us to reduce our propose tax levy incre - se down from $585,000 to about $305,000. This would amount to a little over a 6% increase. Recommendations on possible modifications are summarized on the attached worksheets, but generally consist of the following: REDUCTION Planning Dept. - Combine new plann r position and administrative position $ 30,000 Eliminate funding for Community E and YMCA Detached Worker $ 25,000 Police Dept. - Increase 4 hours per d y of coverage versus 8 hours per day $ 58,400 Administration - Delete large screen printer for microfilm $ 9.500 Additional state aid revenue - PERA $ 6.741 StJB- TOTAL GENERAL FUND SAVIN ;S $ 129,64 1 Capital Outlav Fund Eliminate downtown street light rep acement project $150,000 Reduce 50% of watermain replaccl ent on Broadway $ 75,000 Eliminate flat bed for hook truck - , trect Dept. $ 6,800 +$ 90,000 Add funding for industrial park Ian acquisition ~ 4th year Park Fund Reduced park fund levy by $15,00 by rc-allocating park land acquisition costs to new park cdication fund. $ 15,000 Council Agenda - 9/11/00 . TOTAL TAX LEVY REDUCTIONS $286,441 With the tax levy reductions outlined above, he resulting increase in the tax levy to support the balance of the budget would amount to $ 98,817. This would be a 6.3% increase in dollars over the amount levied last year. At this tin e, it would not be recommended that additional reductions be implemented during the pre1i inary budget process without knowing what our tax capacity value may be next year. If our aluation docs increase, there may be little or no increase in a typical taxpayer's obligation. One of the capital outlay reductions propose 1 is a change in the Broadway watermain replacement budget amount of $150,000 tha was originally proposed in the capital outlay fund. Half ofthe estimated cost ($75,000) is prop( sed now to be taken from the water access fund with the remaining one-half being included i 1 the capital outlay levy. 'fhis would allow the Council to use the $75,000 for additional re erves for industrial park land acquisition. In addition, the $15,000 reduction in the park l' nd levy was also added to the future industrial park land acquisition budget making the tot, llevy in this proposal at $90,000 for next year. . During our last workshop, the Council also . iscussed utilizing all or a portion of our general fund surplus that had accumulated as the res It of additional revenues we generated in 1999. The additional revenue over expenses amou ted to over $790,000, but there arc a number of expenditures that are being proposed for pu chase this year and next year that could easily deplete this surplus and actually could requi e additional use of our general fund reserves. Please refer to the summary attached that outlines some of the anticipated expenditures that will have to come from surplus which could easi y total $390,000 this year and possibly $600,000 or more in future years. While this surplus from 1999 will prove to be beneficial for the City, it by no means is an excessive windfall and ill likely be reduced substantially over the next year or two. Our current fund balance in th general fund is approximately $3,500,000 but with a potential expenditure of $1 ,000,000 or mo e as outlined above from reserve funds, this would lower our fund balance to around $2,500,00 . With most of our revenue corning from taxes in .July and December of each year, we need w rking capital for the first six months of the year equal to about half of our general fund bud et. With our general fund budget exceeding $3,600,000 annually, we should always try to maintain at least $1,800,000 for working capital. In many cases, it would be nice to ave a surplus that is equal to one years expenditures but at a minimum, we should always strive to have a reserve equal to half a year expenditures. " An additional item the Council should be a are of is that the water access fund (trunk fees) are shown to be running heavily in the red if w did all of our expenditures as proposed in future years. The water access fund was intende to provide funding for watermain oversizing and other water projects that are not easily asse. sable to benefitting property owners. For example, projects like new water towers and wells could be funded through our trunk fees, but if we do a new well and water tower project in the ne t year, we would need $750,000 or more for these improvements alone. In addition, some of the expected watermain replacement on Broadway should be funded from this fund. which co ld leave us $400,000 or more in the reel. It is anticipated that over time additional hooku fees and trunk fees will replenish the funds but in the meantime we may have to look at borr wing either through a bond sale or from other funds . Council Agenda - 9/11/00 . internally if we do these projects soon. We lay also need to look at raising our water hookup fees from the $500 we currently charge. I want to also point out that the capital outla fund currently has a large fund balance of about $1,300,000, but again, the proposed uses fi) improvements and projects commit most of the funds and very little is available for other us s unless the Council would re-specify where the Inoney can be used. The following is a qui k summary of the committed projects to be funded by the capital outlay fund: Future Industrial Park Land Acquisi ion ISTEA Bridge/Pathway Project Community Center Construction Pr .iect Year 2000 Revenue to Fund 2001 B l(lget Proposal Sewer I nterceptor Reserve Account North Anchor Land Acquisition Various Park Improvements TOTAL $ $ $ $ $ $ $ 110,000 $1,240,000 175,000 90,000 400,000 130,000 300,000 35,000 . The $300,000 reserve that remains in the ca~ ital outlay fund for the future sewer interceptor should probably be transferred to the sewer ccess fund or possibly it could be re-allocated to the water access fund to cover a portion of t le expected costs for the new well and water tower. This could be determined later, but as you c n see, there isn't a lot of excess funds available in the capital outlay fund that have not already been earmarked. The 2001 budget also proposes to continue epleting thc reserves that had accumulated over the years in the tree fund. The approximate $4J,OOO budget for covcring the removal of diseased elm trees and other projects will bring the r serves down to about $30,000 aftcr next year, less than one year's annual budget. In the futur , we may again have to start levying for this fund if we continue to provide Dutch Elm tree rem val services. . Based on our workshop discussion, I have ecided to set up a completely separate fund for park dedication fees that in the past have been tr cked in our park fund. Even though our reserve fund balances have been separated to desig ate how much funding has been received for park dedication versus othcr park purposes, it ap cars that to avoid future confusion by City staff, Parks Commission members and City COUlcil, a separate park dedication fund that solely accounts for park dedication fees and path ay fee revenue would be appropriate. This way the Parks Commission and Council will be abl to see exactly how much park and pathway fees have been collected and what specific exper ditures are paid from these funds. As part of this separation, I havc also enclosed a workshee that provides a summary of all the park dedication fees and pathway fees we have collected in he last ten years from subdivision projects and also the expenditures that have been made. gainst these accounts. As you can see, the pathway revenues that are available total $12,400 wile the park dedication revenue available is currently $6,345. It is assumed that any fu me pathway projects or land acquisition for parks should be budgeted from the park dedicatio fund and be based on future park dedication fee revenues to support those expenditures. ..._~ -,........... . . . Council Agenda - 9/11/00 Although one of the proposed reductions w s in the police department by reducing the additional hours from 8 hours a day to 4 ho rs a day beginning next year, this is an area that the Council may want to consider discussin further. Last year it was proposed and recommended by the Police Commission th t the City add 4 hours per day more coverage with the idea of adding an additional 4 hours aga n in the year 2001 . This was due to our increased population and growth in the area to be serv'ced by the Sheriff's Department and was also prompted by the statistical data that showed increased calls for service within our community. While the budget revision proposes to only ncrease coverage by 4 hours a day next year, the Council could consider adding four hou s in January and then increasing it by an additional 4 hours in July. This would reduce the orig nal $116,800 cost to $87,600, a savings 01'$29,200 instead of saving $58,400. Since our last w rkshop, I have had concerns expressed by a resident along Gillard Avenue who felt the jty should be increasing patrolling and speed enforcement efforts and I have also again re'eived a request from Chief Deputy Don Lindell requesting serious consideration of addition 1 hours being added next year. With the other cuts that have been recommended, possibly he addition of funding to allow the second four hours to start midway through next year cOlld be attainable if the Council was supportive of the additional $29,000 annual cost. R ALTERNATIVE ACTIONS: Decision #1- Preliminary Levy 1. Council could adopt the preliminary budget and tax levy as modified setting the levy at $5,038,142,6.3% higher than year 2 00. Under this alternative, the modificat ons would be as outlined in revision #1 worksheets, but do not include any [dditional funding for adding four hours more police coverage starting in the middle of n xt year. 2. The Council could adopt the prelimilary budget and tax levy as modified with the addition of $29,200 for additional p lice coverage making the preliminary levy $5,067,342. This would be approxi atcly 6.9% more in dollars compared to last year. 3. The Council could adopt a prelimin< ry tax levy and budget that is higher or lower than the amounts indicated above. Decision #2 - Public Hearing Dates In addition to the adoption of the resolution setting the tax levy, the Council needs to set the date for the public hearing on the final levy doption for carly December. As in the past, it is recommended that the initial hearing be hel on Wednesday before our first Council meeting, since the final adoption cannot occur until a second meeting. In the past, the Council has held the hearing at 5 p.m. on the Wednesday, in his case December 6th, with the final adoption then scheduled for the first meeting in December which would be December 11 tho This information also has to be submitted to the County Audi or by September 15th. . . . Council Agenda - 9/11/00 c. STAFF RECOMMENDATION: It is the recommendation of the City Admin strator that the preliminary tax levy be proposed as outlined under Alternative #2. This alter ative would still provide additional funding for adding additional hours ofpoliee protection coverage in July, but is substantially less than the original proposal at our first w rkshop. Without final tax capacity value information from the County Assessor, the ctual effect of a tax levy cannot be calculated for specific properties. Adopting a levy that is .9(Ycl above last years amount simply provides the Council with the ability to further analyze 0 ir budget needs before December. n. SUPPORTING DATA: · Copy of proposed resolution. · Tax levy summary worksheets. · Law enforcement statistical data. . RESOLOTI( N 2000- RESOLIJTION ADOPTING THE PRELIMINARY 2001 BUDGET AND SETTING A PRELPfIINARY TAX LEVY WHEREAS, the City Administrator has prepared <lld submitted to the City Council a budget setting f(nth therein his estimated needs of the City of Monticello for all operations and the debt service f()r the fiscal year commencing January I, 200 I, and; WHEREAS, the City Council has reviewed the Sa! e and has made such changes therein as appear to be in the best interest of the City of Mont' cello; NOW, THEREFORE, BE IT RESOL VED BY Tl E COUNCIL OF THE CITY OF MONTICELLO that the budget so submitted by tl c City Administrator, together with the changes made therein by the City Council, be and ame hereby is adopted as a preliminary budget for the fiscal year commencing January 1, ~ 001, and; BE IT FURTHER RESOLVED by the Council 0 the City of Monticello that there be and hereby is levied for the fiscal year commencing January 1,2000, the following preliminary sums for the respective purposes indicated therein upon the taxc ble property of the City of Monticello, to wit: REVENlJE LEVY HACA NET CERTIFIED LEVY . Parks $387,165 $0 $387,165 General $2,535,089 $283,426 $2,251,663 Library $"" 790 $0 $33,290 . .J_),~. Transportation $22,740 $0 $22,740 OAA $5,200 $0 $5,200 HRA $17,570 $0 $17,570 Debt Service $1,335,304 $0 $1,335,304 Capital Imp. Revolving $328,200 $0 $328,200 Community Center $657,010 $0 $657,010 TOTAL $5,32 t ,568 $283,426 $5,038,142 . The above resolution was introduced by Counciln ember ____ was duly seconded by Councilmember __.____"___' with tl e following voting in favor thereof: The following voting in opposition: '/ . . . Resolution 2000~ Page Two 'fhe City Administrator is hereby instructed to tran mit a certified copy of this resolution to the County Auditor of Wright County, Minnesota. Dated this 11 th day of September, 2000. ATTEST: -,",. Rick Wolfsteller, City Administrator Roger Belsaas, Mayor I . Monticello Law Enforcement Contract The city of Monticello began contracting law enforce ent services with the Wright County Sheriff's Office in October of 1971. October 2001 will be th 30 year anniversary of the sheriffs contract. During this nearly thirty year span, the city has gro from a population of 1,636 in 1970 to an estimated 7,756 in 1999, nearly five times what it was in 1970. This growth is expected to continue requiring an increased need for services to keep pac with the demand. In 2000 Monticello contracts for a total of 10,664 h urs. Specifically, the city is provided with 28 hours a day law enforcement coverage seven days a eek, plus an additional 8-hour shift on Friday and Saturday nights (416 total hours) from appro xi tely mid April through mid October. The table below summarizes Calls for Service (CFS) and contract hours for Monticello since 1985. Ci of Monticello Calls For Servic & Contract Hours 1985-2000 Year # of Contract Hours 1985 1100 6905 . 1990 2961 6905 1995 5303 9176 1999 5795 10,664 . City of Monticello Calls for Servic 6000.-- .- 3000 - - ( 5000 ----- .. .--- 4000 . --- 2000 1~. 1985 . . . Wri ht County Calls for Service & Population Comparison 1998 Citv/Township Calls for Service POPulation CFS/lJOv. (1998 estimate) Buffalo city 10,304 9,675 1.07 Monticello city 5,983 7,079 0.85 OtsegoCity 2,784 6,570 0042 Rockford city" 2,438 2,877 0.85 Saint Michael city 2,323 7,643 0.30 Delano city 2,018 3,377 0.60 Monticello twsp. 1,999 4,334 0046 Annandale City 1,799 2,472 0.73 Albertville city 1,621 2,893 0.56 Cokato city 1,542 2,480 0.62 Rockford twsp. 1,404 3,655 0.38 Maple Lake city 1,127 1,528 0.74 Ma~lle twsp. 1,120 2,117 0.53 Franklin twsp. 1,119 3,038 0.37 Corinna twsp. 1046 2,339 0045 Howard Lake city 1,013 1,749 0.58 Buffalo twsp. 944 1,635 0.58 Silver Creek twsp. 913 2,239 0041 Maple Lake twsp. 911 2,163 0.42 Montrose city 898 1,054 0.85 Clearwater city 832 781 1.07 Southside twsp. 749 1,390 0.54 Woodland twsp. 585 1,198 0.49 Waverly city 557 665 0.84 Cokato twsp. 547 1,188 0046 Clearwater twsp. 547 1,316 0042 Albion twsp. 418 1,175 0.36 Hanover city. 414 914 0045 Victor twsp. 409 1,154 0.35 Middleville twsp. 363 970 0.37 Chatham twsp. 349 1,070 0.33 French Lake twsp. 347 1,078 0.32 Stockholm twsp. 326 855 0.38 South Haven city 114 201 0.57 *Wright County portion of the city only - -.- - ., Revision #1 . TAX LEVY SU 2001 Bud All Fund Parks $458,171 387,165 $0 $387,165 General $2,266,639 ,535,089 $283,426 $2,251,663 Library $32,790 $33,290 $0 $33,290 Transportation $21,722 $22,740 $0 $22,740 Shade Tree $0 $0 $0 $0 OM $4,425 $5,200 $0 $5,200 HRA $15,790 $17,570 $0 $17,570 Debt Service $1,264,135 $1,335,304 $0 $1,335,304 Capital Imp. Revolving $130,000 328,200 $0 $328,200 Community Center $545,653 657,010 $0 $657,010 . Net Levy Increase to Cover Debt Net Levy Increase for Non-debt Portion of Budget Net Certified Levy Decrease/lncrease Maximum Levy Allowed $33,419 265,398 298,817 NA 6.3% Payable 1995 Tax Capacity Rate Payable 1996 Tax Capacity Rate Payable 1997 Tax Capacity Rate Payable 1998 Tax Capacity Rate Payable 1999 Tax Capacity Rate Payable 2000 Tax Capacity Rate Paybable 2001 Tax Capacity ate 18.228 18.509 19.136 27.001 35.186 36.272 38.559 '94/Payable 1995 $15,586,930 18.228 $2,841,185 '95/Payable 1996 $15,792,922 18.509 $2,922,800 '96/Payable 1997 $15,993,989 19.136 $3,059,880 '97/Payable 1998 $14,413,597 27.001 $3,883,013 '98/Payable 1999 $13,123,681 35186 $4,617,725 99/Payable 2000 $13,066,057 36.272 $4,739,325 2000/Payable 2001 $13,066,057 38559 $5,038,142 COMMENTS: *Community Center budget levy includes $525,000 for debt se vice and $132,010 for operations with a transfer from Liquor Fund of $200,000. (Net Levy Required = $657,010) . 2001 BudWkspRey:Tax Levy Summary-All Funds:8/31/00 I . Revision #1 SUMMARY OF PROJ CTED REVENUES, EXPENDITURES AN FUND BALANCES (Cash & Inv stments) Parks Fund $178,700 $400,265 $430,265 $178,700 Park Dedication fund $40,195 $30,000 $30,000 $40,195 General $3,155,000 $3,621,695 $4,228,695 $2,548,000 Library $1,575 $34,790 $34,790 $1,575 Tree $70,650 $4,800 $44,560 $30,890 OM $7,325 $7,1 00 $7,100 $7,325 Water $615,650 $334,900 $240,425 $710,125 Water Access $329,150 $116,795 $860,000 ($414,055) Sewer $657,200 $761,840 $733,395 $685,645 Sewer Access $1,674,200 $671,050 $633,000 $1,712,250 Transportation $1 ,200 $91,675 $91,675 $1,200 Liquor $1,065,675 $2,575,000 $2,423,180 $1,217,495 Capital Outlay Revolving $1,305,000 $401,500 $531,500 $1,175,000 HRA $646,450 $766,105 $430,440 $982,115 Minn. Investment Fund $100 $17,590 $0 $17,690 UDAG $56,200 $8,500 $0 $64,700 . EDA $610,000 $51,915 $8,000 $653,915 SCERG $86,725 $9,030 $0 $95,755 CMIF $800 $160 $0 $960 Storm Sewer Access $116,050 $124,520 $0 $240,570 Cemetery $16,000 $30,350 $31,500 $14,850 Community Center Fund ($192,750) $1,360,300 $1,360,300 ($192,750) ~. TOTALS $17,136,095 $14,915,900 $16,082,495 $15,999,500 2001 BUDWKSPREV.XLS:Summ of Projected Revenues:8/31/00 l . GENERAL FUND SUMMARY 2001 Budge Revision #1 2000 2001 10131011 $2,266,639 $2,251,663 101.31021 $0 $0 10131031 $0 $0 101.31051 $0 $0 10131920 $0 $0 101.31910 $1,500 $2,000 REVENUE Taxes CURRENT AD VALOREM TAXES DELINQUENT AD VALOREM TAXES MOBILE HOME TAX TIF #1 - KMART FORFEITED TAX SALE APPORT PEN & INT - AD VALOREM TAXES Licenses and Permits - Business LIQUOR LICENSE BEER LICENSE SET UP LICENSE OTHER BUS LICENSES & PERMITS 10132111 101.32112 10132113 10132199 Licenses and Permits - Non-Business BUILDING PERMITS VARIANCES/CONDITIONAL USES GRADING PERMIT PLUMBING CONNECTION PERMITS ANIMAL LICENSES BINGO LICENSES CABLE FRANCHISE FEE .,OTHER NON-BUS L1C & PERMITS 10132211 101.32212 10132215 101.32231 10132241 101.32261 101.32262 10132299 Inter-Governmental FEDERAL GRANTS - CETA LOCAL GOVERNMENT AID HOMESTEAD CREDIT (HACA) MOBILE HOME HOMESTEAD CREDIT PERA INCREASE AID DISASTER AID LOCAL GOVT/ST HWY AID FIRE DEPT AID POLICE DEPT AID STATE GRANTS & AIDS - OTHER COUNTY HIGHWAY GRANTS OTHER COUNTY GRANTS 10133120 101.33401 10133402 101.33403 101.33404 101.33408 101.33410 101.33420 101.33421 10133499 101.33610 101.33620 ~.. 2()01 BudWkspRev:Gen Fund Sunn . Rev:8/31/00 $28,850 $775 $50 $0 $280,000 $3,000 $0 $0 $250 $0 $0 $6,000 $0 $8,162 $272,777 $0 $6,740 $0 $57,000 $47,450 $20,000 $0 $8,700 $0 $28,050 $1,100 $50 $0 $325,000 $2,500 $0 $0 $400 $0 $0 $6,000 $0 $0 $283,426 $0 $6,741 $0 $58,500 $48,750 $24,000 $0 $7,450 $0 1 .' Charges for Services RECYLlNG INCENTIVE ZONING/SUBDIVISION FEES SALE OF MAPS & PUBLICATIONS MV LICENSE SALES/DEPUTY REG ASSESSMENT SEARCHES INSPECTION FEES FIRE PROTECTION TWP CONTRACT STREET,SIDEWALK,CURB REPAIRS SPECIAL GARBAGE PROC/RECYCLE GARBAGE CHG GARBAGE CART RENTAL PARK RENTAL FEES CONSTRUCTION COST (REIMB) OTHER CHARGES FOR SERVICES 101.33621 10134103 101.34105 101.34106 10134107 101.34204 10134206 101.34301 101.34408 101.34409 101.34410 101.34780 101.34960 101.34999 $7,000 $7,000 $350 $120,000 $2,500 $35,000 $71,645 $0 $0 $60,000 $28,000 $0 $0 $300 $5,000 $7,500 $450 $135,000 $4,000 $35,000 $71,580 $0 $0 $60,000 $15,750 $0 $0 $1,000 Miscellaneous Revenue S. A PRINCIPAL - COUNTY 10136101 $0 $0 S A. PRINCIPAL - DIRECT 101.36102 $0 $0 S. A. PENALTIES & INTEREST 10136150 $0 $0 INTEREST EARNINGS 10136210 $102,000 $185,000 INTEREST EARNINGS-SUBURBAN 101.36213 $65 $0 INTEREST EARNINGS-AROPLAX 10136214 $305 $135 RENTAL OF PROPERTY 101.36220 $11,800 $11,800 RENTAL OF EQUIPMENT 10136221 $0 $0 CONTRIBUTIONS - PRIVATE 101.36230 $0 $0 SALE OF CITY PROPERTY 101.36240 $0 $0 MISC ITEMS FOR RESALE 101.36241 $0 $0 LOCK (FIRE) BOXES 101.36242 $150 $600 SIGNS & INSTALL (NEW PLATS) 101.36243 $0 $0 OTHER MISC REVENUE 101.36299 $500 $500 Refunds and Reimbursements REFUNDS/REIMBURSEMENTS 10136290 $45,000 $23,250 IDC CONTRIBUTION (REIMB) 101.36291 $0 $0 HACA REIMBURSEMENT 10136292 $0 $0 DISCOUNT 101.36298 $0 $0 TOTAL GENERAL FUND REVENUE . 2001 BudWI<'pRev:Gen Fund Sum - Rev:8/31/00 $3,518,508 $3,621,695 l Revision #1 . GENERAL FUND SUMMARY 2001 Budget EXPENDITURES 2000 General Government Mayor and Council Administration Finance Audit Legal Planning & Zoning Assessing Deputy Registrar City Hall Data Processing Elections $34,065 $244,460 $157,045 $13,750 $60,425 $275,840 $23,4 75 $119,870 $103,940 $87,555 $8,325 . Public Safety Law Enforcement Fire Building Inspections Civil Defense Animal Control $406,830 $191,000 $169,540 $8,960 $41,075 Public Works Inspections Public Works Administration Streets & Alleys Snow & Ice Street Lighting Parking Lots Shop & Garage Refuse Collection Engineering $119,225 $ $132;245 $ $291,420 $ $118,890 $ $94,500 $ $5,300 $ $108,500 $ $374,565 $ $100,000 $ Health & Welfare Senior Citizens Center YMCA/Community Education Information Center $37,500 $25,000 $1,695 2001 $34,410 $280,780 $141,575 $14,400 $62,375 $247,095 $24,830 $151,175 $113,035 $92,465 $0 $483,840 $202,340 $189,935 $12,635 $45,275 119,665 143,200 326,440 92,995 99,000 5,500 113,875 325,920 100,000 $37,500 $0 $1,695 . 2001 BudWkspRev:Gen Fund Sum - Exp:8/31/00 J Parks & Recreation Parks & Recreation . TOTAL GENERAL FUND EXPENDITURES $3,515,770 $3,621,695 . . 2001 BudWkspRev:Gen Fund Sum - Exp:8/31/00 1 Revision #1 . REVENUE AND EXPENDI URE SUMMARY 2001 Budg t General $3,518,508 $3,515,770 $3,621,695 $3,621,695 Parks $468,171 $468,171 $400,265 $400,265 Park Dedication $0 $0 $30,000 $30,000 Library $34,290 $34,290 $34,790 $34,790 Transportation $89,300 $89,300 $91,675 $91,675 Shade Tree $3,665 $43,120 $4,800 $44,560 Community Center $1,216,710 $1,216,710 $1,360,300 $1,360,300 UDAG $10,130 $0 $8,500 $0 OM $5,700 $5,700 $7,100 $7,1 00 HRA $732,480 $411,630 $766,105 $430,440 Minn. Investment Fund $0 $0 $17,590 $0 . EDA $37,960 $7,000 $51,915 $8,000 SCERG $6,805 $0 $9,030 $0 CMIF $145 $0 $160 $0 Debt Service $3,222,970 $3,852,318 $3,505,271 $3,972,918 Liquor $2,531,225 $2,345,440 $2,575,000 $2,423,180 Water $306,875 $539,935 $334,900 $509,820 " Sewer $737,080 $1,804,475 $761,840 $1,880,995 ' Cemetery $23,090 $31,290 $30,350 $31,500 Capital Improvements $242,030 $130,000 $401,500 $531,500 Water Access $146,000 $25,000 $116,795 $860,000 Storm Sewer Access $174,760 $0 $124,520 $0 Sanitary Sewer Access $698,100 $535,000 $671,050 $633,000 . COMMENTS: 'includes $1,147,600 Depreciation n contributed assets sewer "includes $269,395 Depreciation -- contributed assets water 2001 BudWkspRev:Rev&Exp Summary:8131100 I . . . SUMMARY Debt Service Fund 2001 Budget Foreca t REVENUE 2000 2001 Current ad valorem: Interest: Special asmt--County: Transfer in -Tax Increment: Transfer in--Community Center Fund: Transfer in--Sewer Access Fund (WVVTP note): Transfer in - 93 Fire Hall Refunding Bond $1,264,135 $134,355 $457,858 $103,150 $562,750 $500,000 $200,722 $1,335,304 $213,975 $837,827 $93,165 $525,000 $500,000 $0 -_.-------_...------~------ ----....------...--...------- EXPENDITURES Principal: Interest: Paying agent fees: Interest Exp: $2,407,546 $1,433,598 $7,974 $3,200 $2,423,465 $1,532,620 $7,583 $9,250 2001 BudWkspRev:Debt Service Fund-Forecast:8/31/00 1 Revision #1 PARK FUND SUMn ARY . 2001 BUDGE~ EXPENDITURES 2000 2001 Salaries $195,355 $209,675 Benefits $44,080 $56,310 Supplies - Operating $26,500 $29,900 Bldg/EquipNeh Repair Supplies $9,000 $14,000 Pathway Maint Fund $20,000 $22,000 Misc. Professional Services $5,500 $5,500 Telephone $4,000 $2,500 T rave I/Co n f/Sch 00 I sID ues $1,750 $1,550 Public Info/Advertising $1,500 $1 ,1 00 Utilities $10,800 $8,400 Repair & Maint - Bldg & Equip $7,000 $8,000 Uniform Rental $2,186 $2,180 Misc. & Community Celebration $6,000 $9,150 Capital Outlay - Equipment $49,000 $23,500 Capital Outlay - Improvements $85,500 $6,500 TOTAL PARK EXPENDITURES $468,171 $400,265 REVENUE . Ad Valorem Taxes $458,171 $387,165 *Park Dedication Fees $10,000 $0 Interest Income $0 $11,600 Park Rental Fees $0 $1 ,500 TOTAL PARK REVENUE $468,171 $400,265 Note: Additional capital outlay included in Capit~1 Outlay Fund for various park improvements ::: $194,000 $594,265 * Park Dedication Fee Revenue is now in the "I ark Dedication Fund." . 2001 BudWkspRev:Park Fund Summary:8/31/00 1 I _ . __ CAPITAL OUTI AY ITEMS . DATA PROCESSING. EQUIP (5) PC Computers Duplex for Printer PW ADMIN - EQUIP. Chair, Conf. Plan Table & Chairs Impr: PW Office Remodeling PW - INSPECTIONS GPS Service Locating STREETS - EQUIP. Disc Mower Grapple Bucket for Skid Loader Large Self Propelled Tamper Skid Steer Trailer Impr: Annual Sealcoat Projects Impr: Replace Bdwy. Street Lights 7th Street Overlay ($68,000 less $11,000 from K-Mart TIF) SNOWIICE - EQUIP. 1 Ton 4 x 4 with Dump & Plow . SHOP/GARAGE Waste Oil Furnace Wire Feed Welder REFUSE 200 Garbage Carts PARK - EQUIP. 3-pt Hitch Power Tiller Turf Aerator 28' Trailer Bleachers - Freeway Fields/4th St Rink Edger Seeder . PARK - IMPR. Parkside Park - Picnic Tables & Grill Meadow Oaks Park - Upgrade & Playground Equipment Park Land Acquisition Adopt a Park Pathway Maint NSP Ballfields - Ag lime Tree Plantings AMOUNT $15,000 $700 $15,700 $1,500 $20,500 $22,000 $5,000 Revision #1 SOURCE General General General Capital Outlay Fund General $6,500 Capital Outlay Fund $2,500 Capital Outlay Fund $7,000 General $5,000 General $30,000 Capital Outlay Fund $150,000 General Fund Reserves $57,000 General Fund Reserves $258,000 $35,000 $7,800 $2,000 $9,800 $12,000 $3,000 $4,000 $5,000 $5,000 $2,000 $4,500 $23,500 $25,000 $30,000 $2,500 $22,000 $2,000 $1,000 General General General General Park Fund Park Fund Park Fund Park Fund Park Fund Park Fund Capital Outlay Fund Park Dedication Fund Park Fund Park Fund Park Fund Park Fund .( Soccer Field I mpr $15,000 Capital Outlay Fund Replace Park Structures: Hillcrest-ADA Upgrades at . Parwest, Country Club Manor, Hillcrest, West Bridge $35,000 Capital Outlay Fund West/East Bridge Park Impr. $47,000 Capital Outlay Fund Prairie/Otter Creek Pk - Plantings $1 ,000 Park Fund Pioneer Park Impr's. $47,000 Capital Outlay Fund River Mill Park Impr. $25,000 Capital Outlay Fund (1/2) ISTEA Bridge/Pathway Proj Partial ($300,000 City cost less previous budget levies of $180,000) $60,000 Capital Outlay Fund $312,500 PARKS. CELEBRATIONS Riverfest $5,000 Park Fund Project "Take Pride" $50 Park Fund Walk & Roll $2,800 Park Fund $7,850 WA TER OEPT - EQUIP (1/2) of New Locator $1 ,600 Water Fund Revise Water Alarm System $10,000 Water Access $11,600 WA TER OEPT - IMPR'S Watermain Replacement - Bdwy Reconstruction (1/2) $75,000 Water Access Watermain Replacement - Bdwy . Reconstruction (1/2) $75,000 Capital Outlay Fund Land and New Water Tower $350,000 Water Access Well #5 & Generator $425,000 Water Access $850,000 SEWER OEPT - EQUIP (1/2) of New Locator $1,600 Sewer Fund SEWER OEPT - IMPR'S Chestnut St Lift Station Generator $33,000 Sewer Access Sewer Line Replacement - Bdwy Project $100,000 Sewer Access $133,000 LlBRARY- FURNITURE & FIXTURES Unallocated $2,000 Library Fund Re-carpet Library $18,000 Capital Outlay Fund $20,000 TREE-TREE REPLACEMENTS Mini Community Tree Planting Day $15,000 Tree Fund COMMUNITY CENTER - EQUIP. Unallocated: Furniture/Fixtures $5,000 Comm Ctr Fund Office Equipment $1 ,500 Comm Ctr Fund Computer Equipment $2,500 Comm Ctr Fund .' Other Equipment $4,000 Comm Ctr Fund $13,000 '-{ FIRE DEPT. - OTHER EQUIPMENT Unallocated (1/3) of City Share of New Pumper $15,000 $35,000 $50,000 . ECONOMIC DEVELOPMENT Industrial Park Land Acquisition (4th year) - $175,000 previously allocated $90,000 . . General Capital Outlay Fund Capital Outlay Fund "7 . YEAR 2000 2000 2000 2000 2001 2001 . . NON-BUDGETED PROPOSED/ANTICIPATED USES OF GENEAL FUND REVENUES PURPOSE AMOUNT Community Center Const. Cost Overruns $100,000 Year 2000 Community Center Operation defici ncies $150,000 Council Chamber Acoustical Improvements $10,000-$20,000 Jim Eisle - Property Purchase $130,000 7th Street Overlay ($68,000 less $11,000 from TIF) $57,000 Downtown Broadway Street Light Replacements $150,000 SUB-TOTAL $597,000 Library Expansion (Est) $400,000 TOTAL EXPENDITURES $997,000 2001 BudWkspRev:Non-Budgeted Gen Fund Rev:8/31/00 1 c. PARK DEDICATION FEE UMMARY (AS OF 8/15/00) YEAR SUBDIVISION E PARK DEDICATION FEE 1990 West Prairie Partners $1,720 1994 Cardinal Hills $13,385 1998 River Forest $32,500 1998 Wildwood Ridge $22,350 1999 Klein Farms 5th (11 lots) $2,200 $8,250 1999 (13)New Home Bldg Permits $2,600 2000 Klein Farms 5th (6 lots) $1,200 $4,500 2000 (32) Bldg Permits @ $200/ea $6,400 SUB-TOTAL $12,400 $82,705 Less: Contribution to School District for Park Improvements (Cardinal Hills) ($9,400) Less: 4 acre park land purchase on Monte Hill (Adjacent to Water Tower) ($66,960) . FUND BALANCE AVAILABLE (8/15/00) $12,400 $6,345 . 2001 BudWkspRev:Park Dedication Fee:9/5/00 1 . . . SUMMARY OF PROPOSED B DGET MODIFICATIONS FROM1STBUDGE WORKSHOP General Fund: Planning Dept. Combine new planner position a d administrative assistant position salaries Community Ed/YMCA Detached Worker Eliminate Police Department Reduce additional hours of cove age back to 4 hours per day from 8 hours pe day (1460 x $40/hour) Administration Eliminate used large screen prin er for microfilm SUBOTAL GENERAL FUND REDUCTIONS Additional State Aid Revenue - PERA Aid SUB-TOTAL NET GENERAL FUND REDUCTIONS Capital Outlay Fund Eliminate Downtown Broadway street light replacement (Use General Fund Reserves to fund replacement) Reduced funding for watermain replacements as part of B oadway Improvement Project from Capital Outlay by 50% (1/2 to be taken from Water Access Fund) Added funding for future Industrial Park land acquisition ( th year) Street Department Eliminate flat bed for hook truck (sufficient funds available in 2000 Budget) SUB.TOTAL CAPITAL OUTLAY FUND REDUCTIONS Park Fund Reduced Park Fund levy by $15,000 as a result of re-allo ating park land acquisition cost of $30,000 to Park Dedication Fund TOTAL OVERALL REDUCTIONS IN TAX LEVY 2001 BudWkspRev:Sum Budg Mod:8/31/00 BUDGET INCREASE/DECREASE -$30,000 -$25,000 -$58,400 -$9,500 -$122,900 -$6,741 -$129,641 -$150,000 -$75,000 $90,000 -$6,800 -$141,800 -$15,000 -$286,441 ~( City Council Agenda - 9/11/00 . 8. Public lIearin _ Consideration of a resolution authorizin a tax rate increase. (R.W.) A. REFERENCE AND BACKGROUND: A 1999 law requires that all cities over 500 population I ust pass a resolution ifthe levy for next years taxes will result in a tax rate increase. This provision w s passed by the legislature last year in response to concerns that cities and counties were claiming they we e freezing taxes when, in f~tct, the levy was increasing but being offset by tax base growth. Under the law, the county auditor is required to provide information to all cities that would allow us to calculate what our tax rate would be in the coming year if the levy was held constant. If a city is going to adopt a budget and tax levy that may result in our tax ra e being than last year, this resolution must be passed in order to be able to actually collect additional t x revenue. [t is the recommendation of the League of Minnesota C ties that unless a city is certain that it will not increase its tax rate, regardless of whether it had not pI' nned on collecting more dollars than the previous year, the resolution should he adopted to protect itself fi om market value adjustments that could find a city out of compliance. The city council must adopt this resolution at a public hearing. The city would then file the resolution with its preliminary tax levy hu get resolution and forward this information to the county auditor. Adoption ofthis resolution does not re luire the city to increase its tax rate but it does allow the city to do so if it turns out that our rate has to increase to cover our budget needs. Tn other words, this is simply a housekeeping issue that the cou cil should adopt to protect its ability to raise sul1icient revenue. . B. ALTERNATIVE ACTIONS: 1. After closing the publie hearing, the Co ncil could adopt the resolution which indieates that a tax rate for the 2000 levy, collect'hle in the year 200 I may be higher than the tax rate levied for 2000, 2. Do not adopt the resolution, C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator t at the resolution be adopted to protect the City's ability to adopt a budget that may result in a tax rate increase. lfthe resolution is not adopted, it could require the City to levy even less dollars than we di for 2000, if our tax capacity values, do not equal last years valuation. D. SUPPORTING DATA: . Copy of resolution. . . NO. 2000- RESOLUTION AUTHORIZING A TAX RA E INCREASF: FOR THE 2000 TAX LEVY, COLLECTIB E IN 2001 He it resolved by the Council of the City of Monti ello, County of Wright, Minnesota, that the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to innesota Statutes 204B.135 f()f the City for taxes levied in 1999, collectible in 2000. Adoption of this resolution does not prohibit the ity from certifying a iinallevy that will result in no tax rate increase or a tax rate decr ase. The City Administrator is hereby instructed to tra s111it a certified copy of this resolution to the County Auditor of Wright County, Minnes ta. . Adopted by the Monticello City Council on Septe nber 11, 2000. . ATTEST: Rick Wolfsteller, City Administrator Rog r Belsaas, Mayor ~ . . . Council Agenda - 9/11/00 9. Public Hearin - Vacation of utili (RW) A. REFERENCE AND BACKGROUND: In 1980, the City agreed to vacate the unuse portion of Cedar Street lying betwecn 7lh Street and the frceway. As part of the vacation pro 'ess, the City kept utility easement rights to the vacated street and then sold the westerly hal of the vacated street to the AmericInn Motel and the eastern half to the VFW Club. Thc AmericInn Motcl used approximately 1 feet of the 40 feet they acquired for the building of the motel. The City did not have any utili y lines within the vacated right-of-way but TDS Telecom does have phone lines that are with n the vacated street, but not underneath the building structure area. The Americ1nn has recently been sold and tl e title company has a concern with the City having utility easement rights to the 11 foot area tho t exists underneath the building and is requesting that the City of Monticello vacate easement ights to this area lying underneath the structure. As I noted above, the City does not have an utilities presently within the vacated street and the only other utility, TDS Telecom, has buried'able but it is outside of the area in question. There does not appear to be any reason why the City would need to retain the utility easement rights to that area underneath the structure a there is su11icient room remaining (69 feet) that could be utilized by the City or other utilitie in the future if necessary. TDS Telecom does not have any objection to that portion of the asement being vacated that exists underneath the building. B. ALTERNATIVE ACTIONS: 1. After closing the public hearing, the .ouncil could vacate the utility easement for that portion of Cedar Street that lies unde neath the AmericInn Motel bui Iding. Under this option, the City would ret in utility casement rights to the balance of Cedar Street from 7th Street to 1-94 with the exception of the 11 foot strip that is underneath the motel building. 2. Do not vacate the utility easement. C. STAFF RECOMMENDATION: Although the City kept utility easement righ s to the vacated street in 1980, it did so to preserve the rights in the future to utilize some of the right-of-way for City or other utilities if needed. When the City allowed the AmericInn to bu ld on II feet of the vacated Cedar Street, J do not believe the City ever intended to utilize that II foot area for an casement since we would still have 69 feet of the right-of-way to work wit in. Since TDS Telecom does not have any objection to this area being vacated, it is the recommendation of the City Administrator and Public Works Director that the utility easem nts described for that portion underneath the motel building be vacated. . . . Council Agenda - 9/11/00 D. SUPPORTING DATA: . Copy of letter requesting vacation. Map . Legal Description SHAY LA'W 0 FICE9 LTD@ .AVID T. SHAY ATTORNEY AT LAW 1513 ST. GERMAIN STREET WEST P.O. BOX 9 ST. CLOUD, MINNESOTA 56302-0009 320~251-1007 FAX 320~251-1355 dts@shaylaw.com August 10, 2000 Mr. Rick Wolfsteller City Administrator Monticello City Hall 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 RE: City of Monticello's Easement for Utility Purpo es, Document No. 366005 Our File No. 10,889 Dear Mr. Wolfsteller: Our office represents Willard and Shirley Murphy reg ding their recent sale of the Monticello AmericInn. As part of the sale, a survey of the property was made w 'ch indicates that a portion of the an existing utility easement lies under the motel building. We have enclos d a copy of the survey for your review. Request is . hereby made upon you to schedule a public hearing requ sting the Monticello city council to pass a resolution vacating the portion of the easement which lies unde the motel building. Enclosed please find a legal description prepared by the surveyor for the portion of the easement which lies under the motel building. The survey shows the location of electric, gas and telep one lines and indicates that no actual utility line lies on the portion of the easement which is under the m tel building. It is our understanding that you have verified this with the Monticello office of Public Wor s. It is our further understanding that you will recomme d to the Monticello city council that a resolution be passed vacating the portion of the easement and do not believe that it will be necessary for our office or the owners of the motel to be present at the meeting. In the event you believe it will be necessary to be prese t at the meeting to make a presentation, please advise. Thank you for your consideration in assisting our offi e with this request. Sincerely, ~C~S~ David T. Shay . Enclosures ~ cc: Willard and Shirley Murphy wlo enclosures Dinesh P. Amin, Monticello AmericInn, wlo nclosures q . / 8 BlruMrNOus / PARKING . -". .............. """>"..., ....... ........,.'--. ......, .'-.......:::.......... ....... ..,--~..~>". ........ """. NE CORNER OF ...... \ BLOCK J \ NANT EASEMENT/ \ APPURTE 1"'27871 /'....., \ PER DOC. oJ..... ......... ' r--.. .... ". , .r-- <. '. " ///~;~ i " i / ~~ / ~I ~~ / ';1 $~~ ~:... ... / & i$' /..:... ... · / ~!t /-;'.. .:- ? / cr q; /'" .... / ..g,; gg- /./.'::' / /(J I ffc.. / ;:::',~ / MONTICELLO .:/'? ~"''ff /;) / . f-..... -i.. .., .... / /. ...... ":Y' I :....: / /.... / ....... I / / / / / li&J 0 () J .".'0.... ...........~.~:~ ()Jj/II/lJlJ / 1"1<1 lJll::i7 FAX 7 . / / 6 PARCEL 2 / --- ~ ~ Q,~ TE '--/ I ~ 3 / ~ Ji' "" .. / ~ , ~ 4:?1 ~ ~ 7&\\\\\ ~ Io'~'? ~~/ilo~ / $'~ r/ ?8 i) / ..) G ..... I .....,.....,......... / / "'~ ....>.......lL ",. l ; )... .......... J ~--___ ~ 1- ........ ; ,,'-'qlrrr ..... ..... ~ OoC"..1s. ..... ~ 6'00..1 ~ ..... ./ lev ~' · / AMERICINN / MOTEL I 29-UNrrs 5 BITUMINOUS PARKING .1(.. ./ ./ /' : 1374- 89.09 49 E . N _ r;:: -_. .- Ir-- / - ",;.....--. '--r-' '\ q " llli/ll/llQ FHI 011::i7 FAX . LcaaJ Dacription for PropoICd Eucmont Vacation: All that part olvacatcd Cedar Scree(.lCCOrding 10 the ownaUe of'MoaticcUo, on file in the otBcc otthc County Recorder, Wright County, MIl. described u Co I OWl: Commcocina at the Northc:uIcrly comc:r of'Bloct 3. . Towuitc afMonticcUo. thcocc South 25 cIesna 59 minuta 10 aecODdll WcR 08 lID ......mooct bc8ring. I the Eutcrly line afl8id Block 3,al1o bciq the Westerly line of..ad V8C8lCd Cedar SIrcct, . diltaDcc 1$4.00 1'oct to Ibc poim atbeBinning of the I8Dd 10 be described; thence South 63 ck:gJ'CIIN 56 _In.1ta 36 nd8 Eut. a di..~_ at 11..50 feet; I1Icocc South 26 degrccl 03 minnt... 24 lICl;Onds WClIt. . diltance of )59.00 Ccct; thace North 63 desRa 56 minufa 36 SClCODds Weal. a cli8lanCC 11.30 feet to dac EuterIy liDc. Lot 6. of said Block 3, also being the Wcstc:rly Iinc of said vaca&cd Cedar Strcd,. Towmirc atMontic:c ; tbcncc North 2.5 degrees '9 minuta 10 sccond8 East along said Westerly line olLot 6, a ditIanc:e of 1.5 .00 feet 10 tbc point ofbcginDing. . . --' fi1J 002 q . . . ill City Council ^genda - 09/11/00 Consideration of acce tin.T revised terms of -'ale for the former ferral Gas site. (.10) A. REFERENCE AND BACKGROUND As you recall at the last City Council meeti g, Council was informed that Silver Creek was withdrawing from further negotiations. StalT was then authorized to continue talking with Silver Creek but to get ready to go out or new proposals. After discussing the terms further with Ken Barthel, a new proposal ha' been prepared for your review. The major change from the old to the new terms inelu e a provision that Silver Creek will pay for Yz the cost to build additional parking if neede in the area between the Library Parking lot and the rail road tracks (10,000 sq. ft.). Thi area should be of suiTicient size to support about 30 new parking stalls. This is a valu of about $15,000. Silver Creek also agrees to pay an addition, I $60,000 for site improvements such as cross-walks, lighting and brick pavers. Ori Tinally, it was expected that Silver Creek would pay aU boulevard improvements ass< ciated with dressing up the area. We are not sure how far $60,000 will go but it is likely to cover the majority of the boulevard improvements. Given this budget, the City can gear the level of public improvements adjacent to the site to match the budget or IF dollars could be used to cover a shortfall. following are some reasons why the City Council may wish to accept this oiTer: The price is fair relative to the market and 't is high relative to what the City paid. Although it could be argued that the City s ould reap the monetary value of allowing the site to be over-parked, the developer has pr wided $56,000 in added parking fees and has agreed to pay for one half the construction 'ost of adjacent parking across the tracks in the event the parking is needed. The value ofthe land under the proposal p I' square foot is 7.25. Purchase and relocation expenses paid by the City for the Ferrel G s pOl1ion of the site amounted to about $4.00 per square foot. The City was later reimb rsed the full amount for the land and relocation costs as part of the Clean-up gl\ n1. Obviously - overall, the City is fairing well on this deal. Based on rental rates in the area and the i pact of land cost on necessary rents, staff docs not expect that we will get a better priee if we go back to the market to sell the land. Therefore putting the land back on the ma ket will only delay development and create more administrative work without hopes 0 'tangible return. The actual delay in development will delay placement of the roject on the tax rolls and thus indirectly cost the City money as well. - I __ i___ . e,\\ ~ { . . City Council Agenda - 09111/00 Thc development concept and site plan is su ported by the Planning Commission and DAT, and fits well with the redevelopment esign concepts. The main reason why Council may wish to eject the terms would be in the hopes of finding a developer that would build the sec lI1d floor housing and associated underground parking. As you know, Silver -:reek withdrew this from their plans due to concerns regarding groundwater. Staff is n t sure if this is a bonafide concern and perhaps it is possible to build a mixed-use f cility at this location. B. ALTERNATIVE ACTIONS 1. Motion to approve terms of sale and authorize staff and developer to proceed. h 1,/1/0/ ~ T\~d -To 1>0....'1 ~ Motion to table approval and direct 'taff to conduct morc research on the viability ofthemixed-use option. 2. Under this alternative, staff would c mtact a few developers and/or rcaltor to discuss the viability ofthc mixed-u e concept. This information would be reported as soon as possible. 3. Motion to deny approval ofthe tcn s of sale. Council could take the view that th City is likely to obtain a significantly better price for the land sufficient to cove the costs associated with delaying placement of the property on the tax roles and )JJ-setting additional administrative costs associated with thc continued searc for a developer. C. STAFF RECOMMENDATION The City Administrator recommends alter ative 1. D. SUPPORTING DATA Proposal of September 8, 2000 submitted y Kenneth A. Barthel -2 (FRI) 9. 8' 00 13:01/ST. 13:00/NO. 4261041049 P COMPANIES PHON!: (763) 4286700 . fAX: (763) 428-3574 · www.sllvercreekdevelopment. com Real 6 tate DevelopmeV\t Ltd. LLC Soptombor 8, 2000 Mayor and City Council City of Monticello 505 Walnut Street, Suite # 1 Monticello, MN 55362 Re: Purchase of Ferrellgas Property and Property Adjace t to Existing Liquor Store Dear Mayor and City Council: Silver Creek Real Estate Development proposes an offer of 423,647.50 for the Ferrellgas Property and the Property on Walnut Street adj-U to the Ci~ed liquor store, which is consistent wi1b the appraised value per square foot and includes all parking fees: $7.25/sq. ft. x 50,710 sq. ft. =: $l,OOO/parking stall x 56 deficiency = $3 7,647.50 In addition to this amount, Silver Creek will pay an additio al $60,000 for improvements such as lighting, curb and gutter, brick pavers in the boulevards and crosswalks. . In additinn, Silver Creek agrees to coDStr\ICI a 10,000 sq \I uhlic palIdng 101 beIWOOD the railroad tracks and the library. The parking lot will be completed within Ig moo s ofth. closing date. The City agrees to reimbu...e Silver Creek Development 50% of the cost of this parking 01 and, upon completion, the parking 101 will be under City ownership. The type and cost of the sign will be negolieted betWeen e City and Silver Creek Development at a later date. This offer is consistent with the appraised value, exceeds e comparable values in the area as shown on Exhibit A, and meets all parking requirements as noted in e CeD District Parking Ordinance. The project wi \1 consist of a retail/commercial project in e area known as the Ferrellgas site and the property behind the liquor store. Iloth parcels will have store fron on Walnut Street. Th. underground parking and the secnnd flonr condominiums have been eliminated from th project dne to a recent invesligation indi..ling a high water table. This offer shall be null and void if a purchase agreement s not agreed upon by both parties on or before Wednesday, September 13,2000. Closing would be scb ulcd for l)eCQmber 31.2000. Sincerely, . Kenne A. Barthel Development Manager N:\Silvcr Cro8k\ProjcclllMonti - Bmmi properties.llIff"r 3.()9()800'\tr. wpd Council Agenda - 9/11/2000 . 11. lacement of bituminous surface on CSAH . (J.S.) A. REFERENCE AND BACKGROUND: As previously discussed, the Wright County l-lighw y Department has moved up the time table for replacement oUhe bituminous surface on CSAH 75 from the year 2002 to 2001. Wright County's proposal would include the removal and replacem nt of the entire bituminous surface, including scarifying and re-compacting of the subgrade m d Class 5 materials, and the installation of designated left turn lanes at key intersections along t e 4-lane p011ion ofCSAH 75 from Washington Street on the east to Chestnut Street on the west. A ditionally, Wright County will be replacing the bituminous surbce from Chestnut Street to Otter Cr ek and making safety improvements in the area of Otter Creek Road and Pinewood Elementary Sc 001. The cross streets on CSAH 75 that would be close to cross traffic arc the following: . 1. 2. 3. 4. 5. 6. Hennepin Street Wright Street Palm Street (north of Broadway) Linn Street Minnesota Street Vine Street The safety im provements near Pinewood Elementa y would be the real ignment of Otter Creek Road at a 90-degree angle to CSAII 75. Additionally, saf ty improvements will be made for the turns into Pinewood Elementary, possibly with a left turn 1m e and/or bypass lane. Along with this, Wright County will be looking at the safety concerns with he access to Westside Market. Additionally, the City staff and engineer have had conversations ith the school district regarding closure of the access off ofCSAH 75 to the Pinewood Elementar ballfields. The previous school superintendent had indicated a willingness to close this access and rovide access through the school parking lot to the bal1fields. A bituminous pathway will also be c nstructedon the north side ofCSAH 75 between Otter Creek Road and the existing crosswalk acro s CSAl-I 75 at Pinewood. The design supported by the County Highway Engi eel' is consistent with the concepts reviewed and approved by the city in conjunction with developm nt ofthe 1996 amendment to the comprehensive plan. It is also consistent with the plans resulting om the redevelopment plan completed in 1997. Finally, the plan supported by the county is cons stent with the planning done by the CSAH 75 design task force. As you recall, this task force as put together for the purpose of developing refined designs for CSAI I 75 from Highway 25 t the River Road Plaza area. . As you may recall, the comprehensive plan, redevc opment plan and task force planning efforts were all initiated as a result of consistent and regular pu lic pressure to enhance safety and reduce speed on Broadway. Please see the excerpts from the c mprehensive plan for detail regarding the trallic problem and associated ideas f(x reducing the pro Jlem through improved highway design. Council Agenda - 9/I 1/2000 . The county's cost sharing policy on improvements t CSAH 75 would be as follows: 1. Bituminous surface and subgrade work in th driving lanes . . County = 100%, City = 0% 2. Center medians required for channelization and left turns, including concrete paving of narrower portions of the island .................. County '..-= 750;;), City = 250;;) 3. Concrete or bituminous driveway ...................... County .co 0%, City..'" 100% 4. New concrete or bituminous walk or pathw ............. County = 0%, City == 100(% 5. Street lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County = 0%, City = 100(Yo 6. Storm sewer . . . Cost sharing based upon p rcent of county water going into storm sewer 7. Utilities, sanitary sewer/water, including ca ting adjustments County = 0%, City = 100% 8. Signing and striping. . . . . . . . . . . . . . . . .. .............. County = 100%, City = 0% Although no formal cost estimates have been mad on the project, we can estimate some rough construction costs flH" specific items. Assuming" block length of approximately 410', just the removal of the bituminous surface and its replaceme 1t for a 10' parking lane on both sides would be about $7,000; the city's cost would be about $2,100 for the block. the len turn and channelization medians would be approximately $12,000 per bloc with the city's cost about $3,000 per block. . With the center median widened for left turn design tion, the city will have some additional cost for irrigation of the center islands for future trees and 'hrubs, as well as the grass, and lighting costs should the city use the same theme that was used 0 the eastern end of the community. For preliminary purposes, we have estimated the co" ts for the CSAI 175 improvements at $500,000. This would inelude the median for designated left t lTl1S, as well as the minimum median lighting, irrigation of the medians, and replacement of the 19 0 cobra head lighting system in the downtown area. This number would also include minimum cur replacement, manhole castings and gate valve box adjustments. Without the final design in hand it is difficult to estimate the actual cost of the project at this time. For the utilities we have estimated $100,000 to repace watermain and $150,000 to repair, realign or replace sanitary sewer. Much of the sanitary s wer in the eore area downtown is of the 1924 vintage and hasn't been inspected by closed circuit V sinee the last time we worked on these streets in the mid 80's. We are currently seeking proposals to have these sanitary sewer and storm sewer lines re~inspected. In addition, we are working wi h the City Engineer to look at the replacement of the old cast iron watermain put in in the 1940's long Broadway. B. AL TERNA TIVE ACTIONS: 1. The first alternative would be to inform Wight County that we intend to proceed with the project and sclect tbe channelized left turns and with parking limited to the downtown area, and to instruct City stafTto continue with est mating utility replacement costs and, along with thc county, to hold a public informational lceting prior to the regular council meeting on September 25, 2000, and bring the commen s back to the City Council at the regular meeting that night. . ...___..----:....1._.. . . . ~~ 2. c~ Council Agenda - 9/11/2000 The second alternative would be not to mak a selection as to whether to have designated left turns or not but instruct the City staffand co nty to hold a public informational meeting prior to the council meeting on the 2yh of Septen bel', and bring that information back to the City Council so that they can make a determination as to which design to follow at that meeting. 3, The third alternative would be to inform th county that we are not interested in repairing or replacing our utilities and to repair or repla e the street surfacing as currently designed with minimal cost to the city for manhole and gat" valve adjustments and our share of the parking lanes. C. STAFF RECOMMENDATION: It is the recommendation ofCity staff consisting of he City Administrator, Assistant Administrator, City Engineer, City Planner, and Wright County Assistant Engineer that we move forward as outlined in alternative #1 and select a design that 'ncreases the level of safety for our citizens and travelers through Monticello, and also beautifies t e community, A public informational meeting would then be held before the regular meeting on S ptember 25, 2000, with results discussed at that regular council meeting, D. SlJPPORTING DATA: Copies of excerpts from the comp plan and downt )wn development plan. --"16 ...... ---.....- ......... """"='" .. -. .. .- .- .. .. .. .. . . . . . . . . . ',.. .. . . 4 ~ . . . . . . . . . . . . .. . . ,. a Broadway, Monticello's traditional main street, has littl opportunity for physi- cal change in downtown. The diagonal parking will n t likely return, but the parallel parking that exists today should not be lost. any changes are made, elimination of the "bump outs" at mid.block might be arranted, especially as other areas develop that are more conducive to pedes . ans. In the very long term, streetscape patterns mig~t_ be coordinated with th patterns demonstrated in Walnut Street and River Street. ..... '.J .-...... .-i"< :.. - -- ~ 'jUf -- ~ ,-" '--K -if' ,", . ... . ...... - _.' "- j i i ___ r . i . ,J'.:- ..,~ ! ~, . I I , 'Of-I iJ 15 ..:.i.:......-. - ;n {f....~ 1 . I , T"'- -. 0---"--'- :"~, b'. .' 'J +,""'"~ " '. . . "'~.\:L_ , , \,t......_'~~, : r-- '1'_ ~. Whlle str!eIsGlpe enhancements for Broadway In downtown are encoura~, Broad undergo more slgnlllGlnt dlange. This part of Broadway might be more like a pa planted median, It becomes a mUd! moT\! fitting introduction to the CllITDTIIlI'l/ly. Turn lanes at the intersection of Pine Street and Broad ay might someday be seen as necessary for traffic movement. But the imp ct that the addition of turn lanes will have on the character of the intersectio will be significant - parallel parking will be eliminated at each side of th street, buildings will likely have to be removed, and the presence of the hi toric Monticello cross- roads will be lost forever. The community will likely weigh this decision at some point in the future; this plan advocates for no ch ge to the intersection in the interest of the integrity of the downtown. Outside of downtown, Broadway will evolve to a treet that introduces Monticello to drivers by taking them through neighb rhoods and eventually arriving in downtown. The character of the roadway i more like a parkway, with a wide planted median created by the elimination f the two inside traffic lanes. Protected left turn lanes are provided by the m dian as well, allowing for free flow of traffic in a single through lane in each direction. This configu- ration will allow traffic to better than it does today, and it allows pedestrians to cross a single lane of through-traffic (with a refuge pro ided by the median at the middle of the crossing). The character of the street becomes the character of Monticello - with well-kept older homes and signi lcant community insti- tutions lining the street. Streetscape elements should introduced to "calm" traffic - to keep cars at the currently posted limits. There is no way to prohibit traffic from using Broadwa ; even trucks will con- tinue to use this route. The goal should be to create an nvironment for drivers that keeps them at neighborhood speed levels, to use ti hter turn radii at street intersections that make it more difficult for trucks to rn off of Broadway to other local streets and to introduce elements that dimin sh the perceived width . New Brldge T~ Rmr.1Izl1W Montlm/O's DowmowrIIIId RMdrunt ~ "If 3:13 13> Seventh Street is similar to the cross streets, except that it will have extended turn lanes in each direction that will preclude on-street parking. In tenns of J;'. .' traffic management, Seventh Street complements Broadway by providing for a higher traffic volume roadway at each end of the core of Walnut Street. ' A New Bridge - IlPvIt6J1zJtw Montktno's 0GlmfDwIr .wi Rhietftmt "1' 3:14 -..- J ,. ,. of the street -all of which might encourage some through-traffic to Use Pine ,. Slreet.;< .r River Street, in this plan, is a street that develops much like Walnut Street. It ". will be a two-lane roadway with parallel parking at each side of the street, with ,. streetscape amenities added to match those found at Walnut Street. The impor- tance of parallel parking on River Street (and on Walnut Street north of River Street) cannot be overstated: beyond serving the adjacent and nearby busi- nesses, this parking will serve the parks (allowing all of the limited space in West Bridge Park to be used for people). t.. ,.. f'" f1'" ,. ,. ",. ~ ~ '---- I' . .... .._-~ ; I ~. . -- co -"-t\c.--' ... 4. . "" . ;ir~~,,' ~ . ~:;." . , . .......;,.... . ~..{ ';>.: '" ~. .,..;;>" '".;;~.. ~ ....;~~~ .: ~'~Jf~~ -- Rive' Street provides a great foOls on Brldge Park and surroundIng developml'flt, and the diaracter of the Sln!eI mlglt become mon! like Walnut Street - aeilllng a unllled strl!et pattern Where the new "maIn street" meets the river and par1t. -... ~ Cross streets (Third Street, Fourth Street and Sixth Street) are those that con- nect Pine Street to Walnut Street and allow for local traffic to reach the new main street. In character, they feel more like Walnut Street than Pine Street; in function, they are two-lane roadways with parallel parking. Where needed, left turn lanes are added to facilitate traffic movements. If ] ...... . , -J J Monticello 1 Comprehensive 1 Plan I J i- ~. 1 1 1 1 1 1 '. ~ March 1996 <-J 5 t,Ct,tJSt,Ct,tJ MONTICELLO ~ Northwest Associated Consultants, Inc. } ~ i -." i t I . ;.' Monticello Compr hensive P I an .....: j J J J 1 ~ J 1 1 1 j 1 -. 1 Marc , 1996 il. Brad Fy e, Mayor Shirley derson Clint Herbst Tom errault Brian Stumpf Dick Frie Chairman Jon ogart Riehar Carlson Rod ragsten Riehar Martie Nor t h w est Ass 0 cia t e d Con suI tan t s, Inc. Northeast Monticello . I , 'j \ r'---- I ! The "Northeast" portion of Monticello consists of a mix of the community's older traditional housing, some new development, and large areas of institutional use, including the City's sanitary sewer treatment facility, the hospital campus, and the senior high school. The area is bounded by the barriers of the river and the interstate, and is bisected by County Highway 75, Broadway Street. Broadway is the traditional traffic carrier into the community, and over the years has been widened and improved to handle increasing levels of automobile and truck traffic. . Prior to these improvements, relatively large homes were built along Broadway in the northeast quadrant. However, the traffic has increased to a point where a transition is occurring in land use from single family residential to more intense land uses. As a major collector, direct exposure to residential properties has reduced interest in continued single family use along the street. At issue for the City's land use plan is how this transition in use will be addressed. Options include continuation of the single family pattern, conversion of the existing structures into a higher density residential use, such as duplexes or triplexes, or conversion of the land into a form of commercial use, whether in the existing structures or in new buildings. Each option has its own unique impacts and complementary actions. Retaining the single family pattern would infer some sort of revised transportation system which would reduce the impacts of traffic along Broadway. In this pattern, Broadway would be reduced from a major collector to a minor collector, with a role of local traffic dispersion, rather than carrying of through traffic to inter- regional arterials. As a result, the major collector '. Monticello Comprehensive Plan Development Framework Development Framework Page 1 J route would have to be replaced by another roadway. This option could be accommodated by relocating the major collector traffic to the north frontage road/7th Street route between County Road 118 on the east to Fallon Avenue, and eventually as far as County Road 39 on the west. This option is illustrated in the Northeast Option A graphic on the following page. Option A permits the current land use pattern to remain in place, and has primary impacts for other systems or neighborhoods. The location of the high school (as well as its future re-use) and the hospital campus will assure that Broadway will continue to carry relatively high levels of traffic, although the through traffic would be eliminated. The relocation of the major collector traffic to the freeway frontage area would benefit the downtown redevelopment by removing some of the congestion problems at the intersection of Highway 25 to a point nearer 1-94. This option may have some impact on the commercial development areas near the freeway as well by increasing the gross traffic counts in those areas. Under Option A, a relocation of the major collector traffic to the frontage roadl7th Street route would remove some of the heavy traffic from the single family areas, ease congestion at the BroadwaylHwy. 25 intersection in downtown, and promote traffic nearer to the true center of commercial activity. Traffic congestion at the 7th Street/Hwy. 25 intersection would become a concern, but by splitting the east-west traffic between 7th and Broadway Streets, good management should be able to handle it better than leaving the bulk of the volume on Broadway. Option B would alter the land use pattern only slightly by pem1itting the existing (or replacement) residential buildings to increase their land utilization by remodeling for apartment units : '- ~,.. t 11 i tit t! t 1 t {," ! ~ ! , L,- i Development Framework Page J 2 within the buildings. Some of the buildings could likely accommodate two to four dwelling units if remodeled. This option would continue a reasonable transition to the single family residential neighborhoods, while continuing Broadway Street's role as a major collector transportation route. The pros of this Option would be the least disruption to the existing pattern of the built environment. This environment includes the street improvements which the County has made on Broadway, and the homes and other structures along the roadway. The cons to this option would be the continuation of the heavy traffic through the downtown area, and some concern over the maintenance of the existing structures if merely converted to multiple family structures. Some form of multiple family housing maintenance program may need to be formulated to combat this latter concern. ji ! "; ~ , . Option C would be the eventual or redevelopment or removal of the existing structures, in an effort to effect a transition to commercial use along Broadway Street. This option would allow the property owners to take advantage of the traffic volumes along the street, and would retain the current transportation function of Broadway. possible commercial uses which could be considered in such locations, given the proximity to the residential neighborhoods, would include primarily service related business and office uses. '1 There are advantages to this option in that as with Option B, the street improvements made to Broadway would be utilized to their full capacity by retaining the major collector road function. Moreover, property owners affected by the improvements, and the increase in traffic, woul be able to recoup some investment in their Ian by allowing a conversion to commercial Ian . Monticello Comprehensive Plan Development Framework '-J values. Concerns would relate to three primary issues. First, there is a finite market for commercial real estate in Monticello, and the addition of another potential commercial district would compete with the other planned or established areas, including the downtown, Highway 25, and 7th Street. Second, commercial land uses often require more land than the single tier of residential lots along Broadway would provide. 111US, a conflict would occur when a potential commercial development wished to extend further into the adjacent residential area than the immediate strip along Broadway would otherwise permit. Finally, there would be an inherent tension between the developing commercial strip and the existing residential neighborhoods. Lights, traffic, noise, and other potential conflicts with residential lifestyle could impact the viability of the remaining blocks of single family homes. These three Options are illustrated in the composite maps on the following pages. Whether the 7th Street/frontage road alignment is designated as a minor or major collector, the land use in this area is programmed for commercial office park, due to its high level of freeway exposure, and its positive access upon the construction of the frontage road. It must be noted that there are other potential solutions to the traffic problem in the Downtown and along Broadway. The effect of this section is to highlight the impacts of the growth in trafflC volume, and to permit the City to be directly involved in solving the problem with the County and MoDOT. I I jiS "::J ~ :- :tV, ~ ~ ~~:::: ''':'1( , ..JS:::.-:-' ~~ -j~) 7J '$~!fjjt__ A . 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Northwest Monticello j In some ways, "Northwest Monticello" is a mirror of Northeast Monticello, particularly with respect to Broadway Street and the adjacent single family homes. Instead of the hospital and the high school, large masses of land area consumed by the Monticello Country Club golf course and Montissippi Park, eventually terminating at the NSP nuclear generating facility and its buffer zone property. 1 J 1 --1 J Under the Northeast Monticello Option A, major collector traffic is relocated from Broadway to the 7th Street alignment. The completion of 7th Street between Minnesota and Elm Streets would allow this collector traffic to flow from County Road 39 on the west to County Road 118 on the east without the need to utilize Broadway. Connections to Broadway could still occur, although traffic bound for 1-94 would be able to access the freeway at Highway 25 and County 118. Pursuant to the land use plan and transportation improvements in Southwest Monticello, discussed below, the major collector traffic would be able to continue to parallel the interstate on the south side of the freeway to a new connection at County Road 75/Broadway near the NSP property. j J t ] ] As with the Northeast neighborhood, Broadway serves primarily single family areas and through traffic. The preservation of these single family areas would be addressed by avoiding the likelihood of increasing traffic levels. Attempts to reduce traffic on Broadway could be made through the collector street improvements noted above, as well as speed control, and "traffic calming" efforts within the Broadway Street roadway. These latter steps might include additional street tree planting, and even stretches of landscaped medians which would result in a 1 '1 1 1 -. Monticello Comprehensive Plan Development Framework 1 more attractive "boulevard" look, rather than a wide, higher speed through street. This effect is illustrated on the following page. One of the primary land use issues in the Northwest Monticello neighborhood will be the re-use of the NSP property in the event that the plant loses its license in 2012 and is not recommissioned as either a nuclear or coal-fired facility. The City of Monticello cannot know the outcome of any recommissioning efforts at this time, and regular monitoring of the events will be necessary. However, it is important for the City to consider the possibility that a future re-use of the land in that area, particularly the buffer zone, but possibly the plant site itself, will be developable at some point in the future. The buffer zone land surrounding the plant facility is a high amenity landscape of oak woods and Mississippi River frontage, with direct proximity to the Montissippi Park site. This area could be a prime residential development property, both for single family and higher end townhouse uses. The plant site itself would be an appropriate long-tenn expansion site for industrial use, due to its heavy road and rail access, current infrastructure, and direct access to a future interchange site at 1-94 and County 75. As noted, regular attention to the fate of the NSP property will be needed over time, and adjustments to land use planning in this area are likely. . - "" ~ ~ v.:! i>I" ~ [ C'.:l < [ e; n ,... t~ ClI - III t"" ~ ---- r:n n VI ~ c:: ~ """'" . ~ ~ ~ ,... [ () 0 !~ a .......:J - -- Hj i ~ VI ~ ""d ~ 0 0 a C") ~ . """'" . -.l ~ r:J'). 0 N ~~ (j C'.:l ~ c:: 00 ('D ~. ('D ~ -.l 0- ~ VI 0 ~ .... ~ [ < ~ """'" . - ~. """'" . S t"" ~ (j ~ ClI Vol ~ 'I:l (ll ---- l::l VI ~ ('D i c: 00 ~ r:n 0 ~ [ "0 ('D ........ ~ - n' g. ~ ~ t"" ~ ,; .... ~ c """'" . t'-< 0 c ~ ~ ("') e; ~ C'.:l 00 .... ~ ~ VI ~ ~ .... ~ ~ ~ - 'ti - .::: _. c;;. ("') ~ l::l ~ - ~ ~ . "ti ::::: il~ ~ ;;: ~~ -,...".... go""! ~ ""'t:::': ~ '- '- ~ ~ .'-.l'-...l b:l ~ {I! l'-...l'- 0- r.f 0'0 ("') a !"j 010 ~ d d~ 010 . . . CITY OF MON ICELLO TABULATION OF ROPOSALS SEPTEMBER.11,2000 FOR CLOSED CIRCUIT OF SANITARY AND S ORM SEWERS CSAH 75 FROM WASHINGTON 5 REET TO CESTNUT STREET CITY PROJECT O.2000-13C 1 2 3 INFRATECH VIKING PIPE SERVICES VISU-SEWER $7,936.30 $10,100.25 $2,537.50 $3,552.50 $3,045.00 $10,473.80 $13,652.75 $15,511.55 . ~ 12. City Council Meeting September II, 2000 Consideration to urchase ro er loca ed at street address: 324 - 51h Street owned b Mr. James M. Eisele and Mrs. Ka e A.Eisel Lot 1 Block 12' and Lot 5 Block 11 exce t the Northwesterl 23 ft as measured at a ri t an Ie from Northwesterl line of Lot 5. (FP) BACKGROUND The City Council has directed staff to ncgociate the pur hasc of the subject property. Mr. and Mrs. Eiselc havc agreed to sell the propeliy for $130,000.00 subjec to thcir removal of certain pcrsonal propeliy Ii m itcd to: Paint spray finishing equipment non-es ential to the functioning of the building: Explosion Proof Lighting in the Electric Wall Heaters in the Eas Exhaust Fan Opening in South Air Compressor and Compresse est Service Bay Service Bay all of the West Service Bay Air Piping Twelve (12) trees temporarily stored an planted within the fenced area of Lot 5, Block 11, subject to the terms of the attached AD ENDUM "A". . Mr. Eisele has also requested that the City give him additional time to move out of the building. This will be accomplished according to the terms 0 the attached Lease Agreement that will allow him to occupy the building until November 15,200). In compensation for the Lease, Mr. Eisele will make payment in cash at a rate of $20.00 per d y or in lieu of cash, the City will accept in payment far the Lease the twelve (12) trees temporal' Iy stored and planted within the fenced area. 'The Lease will make Mr. Eisele responsible for maintenance throughout the term of the Lease. . Rick Wolfsteller and Fred Patch toured the building last week. AL TERNATIVES 1. Motion to accept the terms of the Purchase greement fc)r property located at street address: 324 - 51h Street, owned by Mr. James M. Eisele and Mrs. Kaye A. Eisele, and legally described as: Lot 1, Block 12; and Lot 5, Block II, except the Northwesterly 23 ft as measured at a right angle franl Northwesterly line of Lot 5; and further, althorizing the City Administrator to enter into the Lease Agreement with Mr. Eisele according to i. s terms and conditions. 2. Motion to decline the purchase of the proper y located at street address: 324 - 5th Street, owned by Mr. .Janles M. Eisele and Mrs. Kaye . Eisele, and legally described as: Lot 1, Block 12; and Lot 5, Block I I, except the NOIihwester y 23 ft as measured at a right angle from NOlihwcsterly line of Lot 5. .____._.__ ~~',......i.- _"'_'.,., __~_ I ..,"",,--- ..~ . . . STAFF'RECOMMENDATION Staff makes no recommendation. A TT ACHMENTS . Copy of Purchase Agreeme . Copy of I ,case Agreement City Counei I Meeting September 11, 2000 - ""'~ - -............ ~- . . . Date: September) 1,2000 PURCHAS AGREEMENT I. PARTIES: This Purchase Agreement (" greement") is made by and between Mr. James M. Eisele and Mrs. Kaye A. Eisele, married and "esiding at 704 West 4'11 Street, Monticello, Minnesota 55362 ("Seller"), and the City of MOlltieello 505 Walnut Street, Monticello 55362 ("Buyer"). 2. OFFER/ACCEPTANCE. Seller agrees to selland Buyer agrees to purchase a certain parcel of real property located at and adjacent to street address: 324 - 5'11 Street, City of Monticello, County of Wright, State of Minnesota, and legally descr bed as: I _ot I, Block 12; and Lot 5, Block 11, except he NOIthwesterly 23 ft as measured at a right angle from Northwesterly line of Lot 5, together with an hereditaments and appurtenances pertaining hereto (collectively, the "Property"), cxcept the pcrs nal property as hereinafter listed below: Paint spray finishing equipment non- ssential to the functioning of the building: Explosion Proof Lighting in th West Service Ray Electric Wall Heaters in the Ea t Service Bay Exhaust Fan Opening in South Wall of the West Service Ray Air Compressor and Compr'ess d Air Piping Twelve (12) trees temporarily stored a ld planted within the fenced area of Lot 5, I310ck I I, subject to the terms of the attached A DENDUM "A". 3. PRICE AND TERMS. The purchasc price fo the Property included in this sale is One Hundred Thirty Thousand and no/I 00 Dollars ($130,00( .00) which the Buyer shall pay as follows: $2,500.00 by check as carnest money t be deposited upon acceptance of this Agreement by all parties, on or before the next busine 's day after acceptance, in the trust account of Sm ith & Associates, 207 Walnut S1. S, Monticello, Minnesota 55362, but to be returned to Buyer if this Agreement is not accepted by Sell r. Said earnest money is pmt payment for the purchase of the Property. The balance, subject to prorations and djustments as provided by certified bank check or wire transfer or immediately available ,unds at closing. 4. CLOSING/POSSESSION. Subject to the rovisions of this Agreement, the date of closing of this transaction ("Date of Closing") shall be a d lte mutually agreed upon by the parties, but in any event on or before Scptcmber 30,2000. Seller shall deliver possession of the Property to Buyer on Date of Closing. 5. ACCESS/ENTRY. Seller agrees to allow B Iyer reasonable access to the property at Buyer's own risk through the Date of Closing tewthe purpose of performing any desired inquires, examinations, studies, evaluations, and measurements, includii g without limitation "Phase I" environmental studies, prel im inary engineering, soi I tests, and other ne essary inspections or tests. Buyer shall im med iately after each event of entry, restore any and all dan age to the Property caused by its entry, inspections or tests on the Property. Buyer shall not enter the r sidence on the Property without prior authorization ti"om Seller and tenant/s of Seller. 6. CLOSING COSTS. Seller shall pay the state deed tax and recording fees in connection with any documents necessary to place title to the Propert in the condition required by this Agreement. Buyer shall pay the mortgage registration tax, recordin tees, and all other costs and expenses related to Buyer's due diligence and financing of the purch se, if any, and recording fees few recording deed. Buyer shall pay the tees of any closer Buyer eng' ges in connection with the closing and if applicable, the cost of any title insurance commitment and ti Ie insurance premiums. Seller shall pay any 3.b~'tracting cost, J ,I ..c' . year of closing and all prior years. Buyer slnll assume and pay all real estate taxes and all installments of special assessments due and ayable in the year after the year of closing and thereafter. Buyer shall assume special asses ments pending as of the date of this Agreement for improvements that have been ordered by the City Councilor other assessing authorities. Buyer shall pay any assessments which are directly re/at d to Buyer's development of the Property and attributable to only the Property. Buyer shall indemnify and hold Seller harmless from any liability for futurc assessments related to Buyer's dev lopmcnt of the Propel1y. Seller makes no representation conecrning the amount of future real cstate ta es or special assessmcnts. As ofthc date of this Agreement, Seller has n t received a notice of hearing for a new public inIprovenIent project from any govermnental Issessing authority, the costs of which project may be assessed against the Property. If a notice of p nd ing assessment is issued edler the date of th is Agreement, and on or oef<.1re the Date of Clos ng, Buyer shall assume all of any such special assessments and Seller shall provide for none fany such special assessments. 9. SELLER'S REPRESENTATIONS. A. B. C. D. E. . F G. H. I. 1. K. 10. Seller represents that Sdler has a good an marketable fee silllple title to the Property. Seller represents that, as of the date of clo ing, all payments will have been made for all labor or materials furnished to the Property by or 0 1 behalf of Seller. Seller represents that to Seller's knowledg there are no current violations of any public or private restrictions relating to the use or improvement of the Property. Seller hereby represents that to Seller's kn wledge there are no open wells on the Property. Seller hereby represents that there is no individual sewage treatment system on or serving the property. Seller represents that city sewer, water and lectric utilities have been extended to the Property. Seller represents that the property has acce.. s to a public street. Sdler represents that the building was cons ructed on the property before 1978 and likely contains lead paint; however, Seller has no knowledge of lead-based paint and/or lead-based hazards in the housing. Seller represents that Seller does not know f any underground tanks or hazardous waste on the described real property. Seller represents that Seller does not know f any asbestos containing materials on the described real property. Seller's representations contained herein she II be true and correct as of the Date of Closing and shall survive the delivery of the deed ii'om Seller 0 Buyer, provided that any notice of a defect or claim or breach of representation must be in writing HId given by Buyer to Seller within one year of the date of closing or shall be deemed waived. TITLE EVIDENCE. Seller shall within a rea. onable time afler acceptance of this Agreement tllrnish evidence of title to Buyer in the form of ither: A. an abstract of title covering the Property certified to a date subsequent to the date of this Agreement; or B. a eomm itll1ent fell' an Owner's title insuralce policy insuring title to the Property in the amount ~)f the pur~hase. price on a current ^L TA Iform issued by an insurer I icensed to write title lI1surance In Mll1nesota. i Buyer shall be allowed (20) business days after rceipt of the abstract or title insurance commitment for the Property to make any objections thereto. ,'aid objections shall be in writing to Seller or deemed to be waived, except that this shall not operate as waiver of Seller's covenant to deliver marketable title as provided elsewhere herein. . Buyer shall pay the cost of any survey it deems necessary, except that Seller shall pay for any land survey that is necessary to make title marketable as herein represented. J J. TITLE CORRECTIONS AND REMEDIES. S lieI' shall use Seller's best efti)rts to provide marketable title by the date of closing. In the event Seller has not provided marketable title by the Date of Closing, Seller shall have an additional thirty (3 ) days to make title marketable or, in the alternative, Buyer may waive title defects by writt nnotiee to the Seller. In addition to the thirty (30) day extension, Buyer and Seller may by mutual ag eenIent further extend the closing date. If lacking such extension, either party may dl~Jar~ III i.. A ..r., '''.'M< _..11 ~ n' . . . Agreement. 22. BROKERS. Each party represents and wa rants to the other that no broker or finder has been retained by either party for whieh any commission or finder's fee will be payable. Each party shall indemnify and hold the other patty harmless flOm any expense or liability with respect to any such commission or linder's ieee. 23. ACCEPTANCE. in writing. Buyer understands an agrees that this sale is subject to acceptance by Seller SELLER: I accept this Agreement and the sale hereby made. ~,....- Mr. James M. Eisele Mrs. Kaye A. Eisele HlJYER: I agree to purchase the Property fOt. the price and on the terms and conditions set forth above. CITY OF MONTICELLO By: Mr. Richard Wolfsteller, City Administrator . B. The representations and warranties mad by Seller in Section 9 shall he correct as ofthe Condition Date with the saine force and effect as if such representations and warranties were made at such time; Prior to the Condition Date the status aI d marketability of title shall have been established to Buyer's satisfaction in accordance with Section 11; Buyer shall have determ ined that the pI' perty is acceptable to Buyer based on the Seller's Representations herein and on the resul s of such environmental stud ies, prel im inary engineering, and soil tests which Buyer elects to perform or to have performed. A. c. Buyer may make objections to this Agreement ased on any ofthe foregoing Conditions Precedent, only be providing written notice of such objecti ns to Seller on or before the Condition Date. If such notice is given, Buyer, in its sole and absolute d scretion lnay determ ine that the property is unsuitable and this Agreement shall be deemed to be termi lated, the Earnest Money referred to in Section 3 shall be returned to Buyer. Seller and Ruyer shall th reaner be released from any liability or obligation to one another hereunder. Ifno such notice is giv n, this Agreement shall remain in full force and effect, and the parties shall perfortn their respective ob igations hereunder. 13. RISK OF LOSS. If there is any loss or d mage to the property between the date hereof and the Date of Closing, for any reason including vand, I ism, fire, flood, or act of God, the risk of loss shall be on Seller. If the property is destroyed or substal tially damaged, before the closing date, this Agreement shall become null and void, at Buye 's option, and earnest money shall be refunded to Buyer in it entirety; Buyer and Seller shall imm diately sign a cancellation of Purchase Agreement. . 14. CONDITION OF T1lE PROPERTY. The PI' pelty being purchased by Ruyer, including the building, other improvements, fixtures, applian es and personal property not excepted from the Property is not new and is being purchased "AS IS". It is understood that the Ruyer accepts the Property "AS IS". Any warranties of physical 'ondition orthe Propelty contained herein arc void. Subsequent to the Date of Closing, the Seller has no further responsibi I ity or I iahi I ity with respect to the condition of the Property. This provision shall survive the delivery ofthe deed except as limited by State, Federal, County and City laws and regula ions. 15. DEFAULT. If title is marketable or is corre ted within said time, and Ruyer defaults in any of the agreements herein, Seller may tertn inate th is A reement, and on such term ination all payments made hereunder shall be retained by Seller, as liquida ed damages, time being of the essence hereof. This provision shall not deprive either party of the ri rht of enforcing the specific performance of this Agreenlent, provided this Agreement is not tern inated and action to enforce specific performance is cOlnmenced within six months after such right e f action arises. In the event Buyer defaults in his performance ofthe terms of this Agreement, an Notice of Cancellation is served upon the Ruyer pursuant to MSA 559.21, the termination perioe shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. 16. TENANT LEASES AND DEPOSITS. Any tel ant leases and deposits for security, dalnage and cleaning, with interest accrued to the date of cksing are to be turned over to Buyer at the time of closing. . 17. TIME OF ESSENCE. Time is of the essence in this Purchase Agreement. Seller shall notify buyer of acceptance or rejection of this Agre ment witbin twenty four (24) hours from the date of this PUl'chase Agreement or this Purchase Agreement shall become null and void. 18. NOTICES. All notices required herein shal be in writing and delivered personally or mailed to Seller or Ruyer at the addresses shown at Seeti n 1, above and if mailed, are effective as of the date of mailing. 19. MINNESOTA LA W. This Agreement shall b governed by the laws of the State of Minnesota. Any provision which would affect the validity, legalty or enforcement of this Agre~ment~hall he of no . . . ADDENDUM TO PURCH SE AGREEMENT DATED SEPTEMB R 11, 2000 by and etween JAMES. EISELE/KA YE A. EISELE ND THE CITY OF MONTICELLO Buyer agrees to lease that portion of the purchased roperty upon I,ot I, Rlock 12, under the terms of the attached Lease Agreement. Buyer agrees to accept the twelve (12) trees temporal' Iy stored and planted within the fenced area of I,ot 5, Block II in lieu of cash rent to be paid according to hat Lease Agreement. LEASE AGR EMENT .ThiS is a lease.. This Lease !~ dated Septemberl2, 2000 and. is a .Iegal tgreement bet~~en tI~e Ten~U1t and the Landlord to rent the . Property described below. I he word LANDLORD as used III tillS Lea e means the CIty of Monticello, and the Landlord's address IS .... 50S Walnut Street, Monticello, Minnesota 55362. - l The word TENANT as used in this Lease means Mr. .Jamcs M. Eisel, residing at 704 West 4th Street, Monticello, Minnesota 55362. This Lease is a legal contract that can be enl~)rced in court aga'nst the Landlord or the Tenant if either one of them does not comply with this Lease. I. Description of Property to be Leased. The Property to be I ased is the building and land located at the address of 324 _ 5th Street, City of Monticello, County of Wright, State ofMinnes ta, and legally described as: Lot 1, Rlock 12, Original Plat. 2. Term of Lease. 'Ibis Lease shall be by the day, and ending 0] or before November 15,2000, at 12:00 o'clock P.M. .~ 9_ .3. 14. 15. Amount. The rent for the Property shall be $20.00 cash per day, paid in advance, or in lieu of cash rent, Landlord will accept payment according to he Purchase Agreement dated September 11,2000, by and between James .Eisele/ Kaye ^- Eisele and he City of Monticello. Payment. The rent payrnent for each day enant will occupy the property must be in at the Landlord's address as provided above. Tenant underst nds that Landlord will not accept a partial payment of rent. 3. Rent. a. b. 4. Security Deposit. No security deposit shall be required. 5. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant, may use the Property for the term of this Lease. 6. Right of Entry. Landlord and Landlord's agents may enter tI e Property and the building upon the Property at reasonable hours to repair or inspect, and perfonn any work that Landlor decides is necessary. Assignment and Subletting. 'f"enant may not assign this Lea e, lease the Property to anyone else (sublet), sell this Lease or permit any other person to use the Property without the prior ritten consent of the Landlord_ If Tenant does, Landlord may terminate this Lease as described in Paragraph 17 of this Leas. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlo d's permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignmel t or sublease. 8. Utilities. Tenant shall pay for all utilities provided to the Pro. erty. Maintenancc and Repair. Tenant promises, at Tenant's ex ense, to make all repairs and eliminate any violation of health and safety result from the negligent, willful, malicious or irresponsible conduct of the Tenant and Tenant's guests. Tenant shall comply with all the sanitary laws afTecting the cl anliness, occupancy and preservation of the Property, except where the Landlord is required by law to comply with the saniary laws (see Minnesota Statute, Section 504.18). Tenant agrees to perform the following repairs and maintenance: La n Maintenance, trash and snow removal. 10. Alterations. Tenant must obtain Landlord's prior written cowent to make any alterations to the Property Tenant must not change the heating, electrical, plmnbing, ventilation or air con itioning without the prior written consent of the Landlord. 11. Liability. Landlord is not responsible for any damage or injuy that is done to Tenant or his/her property caused by fire, water, explosion or any other cause. Landlord is not responsi -Ie for loss of any of Tenant's property from the propelty or the building by theft or other cause_ 12. I Surrender of Premises. Tenant shall move out of the properl shall leave the Property in as good condition as it was when thl tear. . when this Lease ends. When Tenant moves out, Tenant Lease started, with the exception of reasonable wear and Abandonment. When Landlord recovers possession of the p. operty after Tenant moves out, then Landlord may consider Tenant's property on the Property or on the property to have b en abandoned. Landlord may then dispose of the personal property in any manner that the Landlord thinks is proper. La dlord shall not be liable to Tenant for disposing of the personal property. Damage to Propcrty. If the Property is damaged or destroye , Landlord may terminate this Lease immediately and may decide not to rebuild or repair. Tenant shall be liable for any am age he or his guests may cause to the Property. Default. If Tenant does not pay the rent or other amounts wh n due or if Tenant violates any term of this Lease, Landlord 1'Y\":lI'\1 "':"1"'~~'I"I""""''''' +htc- ,<"lo......,.. ::.!-"'~r,....,-.....:..-.J- .1 _~~.~"_ .-1'.'.-"""" ~..-...= 1_____ __ __,-_..'.:,:.,':-~_---:-:--_-="1~. .,-.....""'T"T"I"'t'i--~ --;". I . .~',. ~~ 13. Consideration of adopting an ordinance esta lishing a Community Center Advisory Board. (KB) . A. REFERENCE AND BACKGROUND: At the last Small Group meeting for the community ce ter on August 31, 2000, the Small Group members agreed to ask the City Council to establish a Communi y Center Advisory Board. At this meeting they spent a great deal of time determining what the scope f the Advisory Board should be and it's make up. I believe that their experience in this group allowed the to establish a set of duties that will positively assist us with the successful operation of the community cen er. Currently, the Small Group's members are Roger Bel aas, Pam Campbell, Harvey Kendall and Bob Murray. They have all expressed an interested in re aining on the Advisory Board once established however, Pam Campbell would not be eligible as she s not a city resident. This Small Group has faithfully met every month to discuss construction issues initiall , then moving on to set up and marketing of the community center and finally advising on the operatio s of the community center. They have been thoughtful in carrying out their responsibility and gen rous in their time. I would like to thank them for their long standing commitment to the community ce er and I'm sure the Council is also grateful to the Small Group. Once the Community Center Advisory Board is estab ished, we would like to advertise for members and have their names ready for City Council approval an then set our first Advisory Board meeting for October 2000. . B. ALTERNATIVE ACTIONS: 1. To adopt the ordinance establishing the Co unity Center Advisory Board. 2. To not adopt the ordinance establishing the C mmunity Center Advisory Board. C. STAFF RECOMMENDATIONS: The City Administrator recommends alternative num er 1. D. SUPPORTING DATA: Draft of the Ordinance. . MONTICELLO COMMUNITY CE TER ADVISORY BOARD . NAME OF THE COMMISSION: AUTHORIZATION: MEMBERSHIP: "" ~-.., )V,.t/ ~~ ~ ~t;'~ ~ ('\ o. cJ.:. y tlU ~ \ \ ~* \"\) .j~:l~ ~: 0' ~ S TERM OF OFFICE: . VACANCY: OFFICERS: . The name of the organizat on shall be the Community Center Advisory Board. The authorization for the stablishment of this advisory board is set forth under MN Statutes, Secti n 412.111. Duties are delegated to the Community Center Advis ry Board by the City Council of Monticello by this ordinance dated Septembe 11, 2000, and power pursuant to MN Statutes, Section 412.111. The Community Center dvisory Board shall consist of five (5) regular members to be appointed y the City Council of Monticello. One member shall be appointed from t e Monticello Senior Center. Either the Mayor or a City Council member sha 1 act as a liaison on the commission. All members shall be residents of the c ty of Monticello and shall have equal rights and privileges. The term of the regular embers shall be for three (3) years and shall be staggered so that no mor than two members' terms expire in a given year, that member may be subj ct to replacement by the City Council. The initial terms of the advisory bo rd will be extended to ensure subsequent terms will run on a calendar basis, ne (1) member's term will expire in 15 months, two (2) member's terms will xpire in 27 months and two (2) member's terms will expire in 39 months Any vacancy in the regu ar or at large membership shall be filled by the City Council, and such appoi tee shall serve for the unexpired term so filled. (A) Elections: The Co unity Center Advisory Board shall elect at its January meeting from it membership a chair, vice chair and secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules 0 said commission. (8) Duties of the Chair: The chair shall preside at all meetings of the Community Center Adv sory Board and shall have the duties normally conferred and parliame tary usage of such officers. C Duties of Vice Chai : The vice chair shall act for the chair in his absence. (D) Duties of Secretary: A secretary may be appointed who is not a member of the Community Cent r Advisory Board but can be employed as a member of City staff. The seer tary shall keep the minutes and records of the commission; and with e assistance of staff as is available shall prepare the age da of the regular an special meetings for commission members, arrange proper and legal notice f hearings when necessary, attend to correspondence of the ommission, and other duties as are normally carried out by a secretary. 13 MEETINGS: (A) Regular meeting shal be held monthly on a date established by the Community Center Advis ry Board, In the event of a conflict with a holiday or special events, a major'ty at any meeting may change the date and location of the meeting. The mee ing shall be open to the general public. . QUORUM: A majority of the total C mmunity Center Advisory Board members shall constitute a quorum for e transaction of business, DUTIES OF THE COMMISSION: Establishment of an advis ry board to work with the Community Center Director to make recomm ndations and / or changes in Community Center policies, review complain s unresolvable through normal channels, review annual budget and to mak recommendations on non-budget purchases and capital improvement item . They would also act in an advisory capacity on programming for and ma eting of the community center, AMENDMENTS: Amendments to this ordi nee may be recommended by the majority vote of the existing membership f the Community Center Advisory Board. The authority to amend any p rtion of the ordinance lies with the City Council and requires a majority v te of the Council. . . J3 . . . 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