City Council Agenda Packet 10-28-2002AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 28, 2002 - 7 p.m.
Mayor: Roger Belsaas
Roger
Council Members: Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen
I Call to Order and Pledge of Allegiance.
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2. Approve minutes of October 14, 2002 regular Council meeting.
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3. Consideration of adding items I �1. C�,,l � /
_o the a.�Ind /— Aj
`A�0,j Q,,f ad C,
4. Citizen comments/petitions, request and complaints.
5. Consent agenda.`
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A. Consideration ot'Cham4e Order No. I - Front Street Improvements,, Project No. 2001-06C
B. Consideration to approve authorizing entering into grant ap-cement between the City of
Monticello and Dept. of "Trade and Economic:. Development.
C. Consideration ofagreeing to future turnback of vacated Highway 25 right-of-way. John
Lundsten.
D. Consideration of four (4) Personnel Committee items as follows:
1. Consideration of participation in Minnesota State Retirement System Health Care
Savings Plan.
2. Consideration of adoptint, g formal policies regardingemployee and council
reimbursement for meal expenditures, funding for employee social events and city
membership in Chamber of Commerce.
3. Consideration of establishing a pre-tax flexible spending account.
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Consideration of expanding City Hall operation hours and developing a flexible work
schedule for employees.
E. Consideration of authorizing eminent domain proceedings f*or acquiring, permanent right of'waN
as pail of CSAR 75 Project.
6. Consideration of items removed from the consent agenda for discussion.
Agenda
-Monticello City Council
October 28, 2002
Page Two
7. Public licarin--Consideration of a resolution adopting proposed assessment roll for 7"' Street East,
Project No. 2001-07C.
8. public hearing -Consideration ofa resolution adopting proposed assessment roll for N\Valnut Street
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Corridor Improvements, Project No. 2000-17C:.
9. Public hearing -Consideration ofa resolution adopting, proposed assessment roll for dclincluent utility
bills.
10. Public hearing -Consideration of a resolution adopting proposed assessment roll for delinquent
miscellaneous accounts receivable (MARS).
01. Consideration of amendment to conditional use permit for planned unit development allowing .for
expansion of truck parking, bulk LI' storage, service bay additions; paging for bulk waste product
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transport. sidewalks and landscaping. Applicant: Sunny Fresh Foods
12. Consideration of resolutimi authorizing use of condemnation for acquisition Of CLISIOIII Sheet Metal.
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13. Approve payment of bills for October.
14. Adjourn.
MINUTES
REGt.1LAR MEETING - MONTICELLO crry COLJNCIL
Monday, October 4, 2002 - 7 p.m.
Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and BrUCCThiclen.
IN/ternbers Absent: None
1. Call to Order and Pledue of Alle2iance
Mayor Belsaas called the meeting, to order at 7 p.m. and declared a quorum present. The Pledge of
Allegiance was said.
2. Approve minutes of September 23, 2002 regular Council meeting.
BRIAN STLjMPF 1VIOVED -1-0 APPROVE THE MINLYFES OF THE SEPTEMBER 23, 2002
REGUI.,ARCOUNCIL T\/IEE'FliNGASPIZESEN'I'El). CUNT IIERBSTSECONDED THE
MOTION. MOTION CARRIED WITH BRUCE THIFLEN ABSTAINING.
3. Consideration of addim! items to the agenda.
Clint Herbst added fencing oalong the pathway on Gillard Avenue and landscaping, in the Klein Farms
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develops -hent to the aaenda and Roger Belsaas added directional signing for the nursing home.
4. Citizens commentskoetitions, re(juests and complaints.
Randy Ruff and 'Tammy Sutton spoke to the Council re-arding the development proposed for the
former Ruff's Auto site. Randy Ruff informed the Council that pinnacle Enginecrino is doing Phase
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11 of the environmental data. Although it is not known what type of residential development will take
place on the site, they will be working with city staff to make that determination.
5. Consent Aacnda
A. Consideration of ratifying new hires for the Community Center, Recommendation: Ratify
new hires as identified.
B. Consideration of a request for preliminary plat approval for a three lot commercial
subdivision known as the Amax Addition - Applicant: Glen Posusta. Recommendation:
Approve the preliminary plat contingent upon the following:
City aorees to convey required land to the applicant to complete the plat,
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The plat is redrawn to include the required easements per City Engineer recommendation.
Council Minutcs - 10114/02
3. The applicant submits-rading .and drainage playas to the City f;Mineer for approval. This to
allcnv coordination of'site development with the Cedar Street project.
4. 'file applicant coordinates site development with utility planning done by the City via the
Cedar Street improvement project.
5. The applicant submits street and sidewalk plans to the City [;n-gincer tear approval. or the
applicant petitions for Cedar Street and utility improvements, and enters into an assessment
agreement relating} to funding of C"edar Street project.
6. The applicant brings signage and rental truck parking into compliance with the City's zonin<o
ordinance.
C. Consideration of a request to rezone property from R -I to R -2A to accommodate in eight
unit detached residential development. Applicant: 'Porn Holthaus. Recon mendatioll:
Approve the R -2A rezoning only if the project meets the goals as vvi-itten in the
Comprehensive Plan.
D. Consideration of a request for a conditional use permit and variance allowing an accessory
structure in excess of 1500 sq. ft. Applicant: Randy Ruff. Reco;s' men(lation: Approve the
conditional use permit based on the finding that the four criteria required by code Im the
granting of a conditional use permit have been met and conditioned upon:
Accessory structure must not exceed 1,500 square icer which includes attached garage and
detached accessory buildings combined.
Detached accessory building is required to have vinyl siding and it must not exceed buildin{o
height standards.
E. Consideration of a request for an amendment to the sign regulations of the Zoning
Ordinance. Applicant: Denny I lecker. Recommendation.- Move to deny a sign regulation
amendment Based on a finding that the existing ordinance permits adequate business
identification.
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Consideration to adopt a resolution providing for the sale of general obligation improvement
bonds.
BRUCE TI-IIFLEN MOVED TO HAVE #5C REMOVED FROM'FI*- CONSENT
AGENDA FOR DISCI.TS.` SON. CLINT HERBST SECONDED'ITIE MOTION. MOTION
CARRIED UNANIMOUSLY.
Roger Carlson asked for clarification on Itern 95E verify if the Council approves the item, they are
approving the denial of the request for an amendment to the siron ordinance.
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Council Minutes - 10/14/02
ROGER C.AR-11SON MOVED TO APPROVE THE CONSENT AGENDA WITH TI 11'
REMOVAL 01"ITEM 445C. BRIAN STUMPF SECONDEDTHE MOTION. MOTION
CARRIED UNANIMOUSLY.
6. Consideration of items retnoved from the consent agenda for discussion.
Bruce Thiclen stated lie would like to see a project
ject that met the goats and standards of the zoning
district prior to doing the rezoning. He felt this was putting the cart before the horse. Jeff O'Neill
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stated the developer Is requesting a change in zoning from R- I to R -2A. The Planning Commission
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didn't support the single level units and felt the units should have more architectural design and
detailing in order to better suit the Comprehensive Plan's goals for the Broadway area. JeffO'Ne.111
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stated that residents had expressed their concern about the proposed densit3, of this development
and other design issues were discussed as,,vell.
BRUCE THIELEN MOVED TOTABLE CONSIDERATION oj-,THE REZONING
RI-7QUI::ST OF TOM I-IOLTHAUS IOR REZONING, FROM R-1 TO R -2A CONTINGENT
UPON PLANNING COMMISSION REVIEW OF REVISED DRAWINGS. ROGER
CARLSON SECONDED THIS. MOTION. MOTION CARRIED UNANIMOUSLY.
Brian Stumpf asked if the applicant understood the changes the planning Commission was looking
for regarding his development, Mr. Holthaus indicated lie understood but it Was his hope that they
would be able to eget this project started fairly soon. He added that they were never told what land
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is available at the County Road 75/Otter Creek intersection and this is information affectation that 'A,
whether 7 or 8 Units Could be built Oil the site.
7. Consideration of purchase of four welcome signs for the Citv of Monticello entrances.
Public Works Director, John Simola, gave a brief explanation of the changes in the sign design that
had occurred since the Council first looked at this. I Ic then introduced Larry Nolan and Nancy
McCaffrey from the Parks Commission �vho made the presentation on the four proposed entrance
signs to the City of Monticello. The proposed signs are approximately 5' in height and 1.0' across.
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The signs are made of coated high density polystyrene and weighweighapproximately 400 pounds. The
s] -ns are ]i -ht weight nova
ble. The estimated cost for the signs is $19,70' ($4,625 per sign
plus sales tax) which is the price if all fiour signs were ordered at one time. The location of the
entrance signs was reviewed and it was noted that the sign design has changed but the sign locations
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have not.
BRIAN STUMPF MOVED '1'0 Ati't'llORIZII'Fll:,.PL,JRCIIASE OF THE' FOUR SIGNS ATA
COST' OF $19.703 DELfNIEREDTO THE CITY OF MONTICELLO WITH PLACEMENT,
LANDSCAPING AND LIGATING TO BE HANDLED BY THE, CITY. BRUCE Ti IIELE,N
SECONDED "I MOTION. MOTION CARRIED UNANIMOUSLY.
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COLHICil Minutes - 10/14/02
8. Moved to the consent auenda as item #5F.
Approved with consent agenda.
9. Pulled from agenda.
10. Summary of Fair Housin2 Discussion - HRA
011ie Koropcliak, Economic Development Director, provided a summary of the I -IRA's discussion
regarding fair housing for Council review but no Council action was required.
11. Summary of the EDA nieetina of October 8, 2002 and request to direct city staff to
temporarily not enforce the sign/sidewalk ordinance alonu Broadwav (County Road 75)
during the neriod of the planned Grand Ovenina Event.
011ie Koropchak provided the summary ofthe 1,,DA discussion of options for the Broadway
business owners affected by the County Road 75 construction. It was noted that the FDA was
going to provide one time assistance of toward a special Broadway -rand opening event.
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The EDA requested that the City not enforce the sign/sidewalk ordinance along Broadway dUri11()
the period of the planned Grand Opening event.
BRUCE T1111-11EN IVIOVED THATCITY STAFF TEMPORARILY NOT ENFORCE THE
SIGN/SIDI11WALK ORDINANCE ALONG 13RO1.DWAY (COUNTY ROAD 75) DURING
TI 1E PERIOD OF THE PLANNED GRAND OPENING EVENT. CLINTHFRBST
SECONDI-D THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Consideration of allowine a 36' t)vlon sign to be incorporated into an approved Manned unit
development. Ai)pficant: Dave Peterson Ford/,Jeff Sell, West Metro.
Deputy City Administrator, Jeff O'Neill, informed the Council that Jeff Sell Nvas present at a special
meeting of the saying Planning Commission and presented a statement from Ford that the sign that is
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being replaced was 36'. Since the sign is being replaced with a sign
of the same size it does not
require any amendment to the planned unit development and therefore no Council action is required
on this Item. Initially the size of the sign being replaced was not knovm which was why the Planning
Commission was asked to consider this item. When the planned unit development was approved the
signs were approved so any change from that signage would have had to be approved by the
Planning Commission
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Council I'VIinutes - 10/14/02
13. Consideration of amendment to conditional use pertnit for planned unit development
allowine, for eximnsion of truck, Parking, bulk LP storaue, service bay= additions, pavina for
bulk waste product transport, sidewalks and landscaping. Applicant: Sunny Fresh Foods
Deputy City Administrator, Jeff O'Neill stated that information received irons the Steve Grittman,
Citv Planner. had been reviewed by the Plannin(�, Commission and a public hearing was held on this
item at the special inecting, of the Planning Commission. He noted there are 9-1 I items that need to
be updated on the site plan for it to be acceptable to the Planning Commission. Mr. Dennis Darnell
f-'rom Sunny Fresh was present at the special Planning Commission meeting and indicated that they
would be able to make the changes and get it back to another special meeting of the Planning
Commission scheduled for October 28, 2002 prior to the Council meeting. Sunny Fresh stated that
because of weather constraints they would like to start construction on the expansion. The Planning
Commission fell they should be allowed to start construction on the expansion of the loading dock
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area,
BRIAN STUMPF MOVED TO CONCUR WITH Tf IE PLANNING COMMISSION'S
RECOMMENDATIONTOALLOW ISSUANCE OFA PERMIT FOR CONSTRUCTION
ON THE EXPANSION OF TI fE LOADING DOCK AREA FOR SUNNY FRESH FOODS.
CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOt-ISLY.
Klein Farnt.v Development - Clint I lerbst stated he been contacted by a resident in the development about
landscaping for the de\,clolimcrit that was not put in. The City required changes in the landscaping plan
initially submitted by the developer. The landscaping was installed as per the revised plan which was
different from what was in the plan the residents were shown initially. The Council discussed a number of
options, including having residents purchase the trees at cost through the City. The City does have all
opportunity to remove trees from a property at no cost. These trees could then be planted in the
developnient. The Council directed staff to check out the options avaitable.
Fewchi- aloe- GillardAvenue Pathiviq - City Engineer, Bret Weiss was asked about fencing along the
pathway constructed on Gi I lard Avenue. Bret Weiss indicated that MnD0Thas a guideline where
evervthim-, over a ]'drop needs to have a rail. There is a drop between the pathway and the retaining Nvalls
but no fencing was bid as part of the project. Bruce Thlelen asked if there were other options that could be
looked at. In the letter sent Out from the City Engineer residents were told that the City would not install
decorative fencing unless the residents agreed to maintain it. Otherwise chain link fencing would be
installed. Bret Weiss indicated that except for one resident. no one else wanted the Jencin- installed. Bret
Weiss has contacted the League of Minnesota Cities concerning signage that could be used along the
pathway.
CLINT HERBST MOVIJ.) TO INSTALL THE ONE SECTION OFFENCE AT THE PRESENT TIME
AND MONITOR IT TO SEE HOW IT WORKS OUT. BRUCE THIFLEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOTJSLY.
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Council MjuL1tCS - 10/14/02
Dii-ectioit(ilSi(,,ii.foriVi,ii-siii-Morrie - Roger Belsaas was contacted about whether a directional sign
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could be erected for the nursing ]ionic. Presently traffic meant for the nursing home is coming into
Mississippi Shores. Public Works Director, John Simola noted that this a county road so the City would
have to get their approval to place any signs. Bret Weiss asked who would pay for the sign. The Council
indicated that if it was a nominal amount perhaps Mississippi Shores would be willin,, to pick LIP the cost or
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the City could. This item will be brought up with the county at their next mectin Q. At this time Wet Weiss
also gave all Update on the progress on the CSAR 75 construction project.
14. At)t)ro-,,e t)avment of bills for October.
CLINT HERBST MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. ROGER
CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
15. Adiourn
BRUCE THIE."LEN MOVED "TO ADJOURN AT 7:55 P.M. CLINT HERBSTSECONDL"D
TI IF MOTION, MOTION CARRII?D UNANITOOUSLY.
Recording Secretary
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Council Agenda - 10/28/022
5A. Consideration of Chane Order No. I - Front Street Improvements, Proiect No. 2001-06C.
(R'w)
A. REFERENCE AND BACKGROUND:
The Front Street Reconstruction Project, street and utility improvement project was recently
completed, During the construction the following iterns were ruodified from the original contract:
18" Storm Sewer - The proposed storm sewer was increased from the proposed 15" to
accommodate a potential drainage issue. This storm severer is to be assessed to the
developer.
2. Remove Sanitary Sewer Service -This relates to the removal of the home located north of
Front Street that the H.A. purchased.
A gate valve was added to accommodate connection to the existing water
6" Gate Valve L-t:�
main in Locust Street.
4. 12" Grate - This was a replacement casting for an existing catch basin.
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5. Bike 'Frail Grading - Once the ]ionic was removed north of Front Street, it was requested by
the Parks Department to move the path closer to the river. This involved some additional
grading costs.
1. Approve Change Order No. I on the Front Street Improvement Project No. 2001-06C
increasing the contract amount by $11.948.50,
2. Do not approve the change order.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Engineer to approve Change Order No. I to Front Street
Improvement Project No. 2001-06C increasing the contract amount with Schluender Construction by
$12,948.50.
M SUPPORTINC DATA:
Copy of Change Order No. 1
CHANGE ORDER NO. I
OCTOBER 23, 2002
FRONT STREET
STREET RECONSTRUCTION, UTILITIES, AND APPURTENANT IMPROVEMENTS
OF MONTICELLO PROJECT NO, 2001-06C
WSB PROJECT NO, 1160-46
OWNER:
CITY OF MONTICELLO
505 WALNUT STREET, SUITE 1
MONTICELLO, MN 55362
CONTRACTOR:
SCHLUENDER CONSTRUCTION, INC.
3331 - 90TH STREET NE
MONTICELLO, MN 55362
YOU ARE DIRECTED TO MAKE THE FOLLOWING MODIFICATIONS IN THE CONTRACT DOCUMENT DESCRIPTION:
THE FOLLOWING CONTRACT QUANTITIES ARE MODIFIED AS SHOWN ON THE ATTACHED DETAIL.
IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE,
OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE.
ORIGINAL CONTRACT PRICE:
$197,987.80
ORIGINAL CONTRACT TIME:
9/20/2002
'IOUS CHANGE ORDERS: NO. _ TO
$0.00
NET CHANGE FROM PREVIOUS CHANGE ORDERS:
NONE
CONTRACT PRICE PRIOR TO THIS CHANGE ORDER:
$197,987.80
CONTRACT TIME PRIOR TO THIS CHANGE ORDER:
9/20/2002
NET INCREASE/DECREASE OF THIS CHANGE ORDER:
$12,948.50
NET INCREASE OF CHANGE ORDER:
NONE
CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS:
$210,936.30
CONTRACT TIME WITH APPROVED CHANGE ORDERS
9/20/2002
RECOMMENDED BY,
BRET A. WEISS, P.E., PROJECT MANAGER
FTT-J-2-0*. 'r�
WSB & ASSOCIATES, INC.
ENGINEER
CITY ENGINEER
CITY ADMINISTRATOR
IT71Tii>�rI ;'F
CONTRACTOR SIGNATURE
SCHLUENDER CONSTRUCTION, INC.
CONTRACTOR
MAYOR
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FRONT STREET October 23, 2002
STREET RECONSTRUCTION, UTILITIES, AND APPURTENANT IMPROVEMENTS
CITY OF MONTICELLO PROJECT NO. 2001-06C
MSB PROJECT NO. 1160-46
ADDED QUANTITIES
ITEM NO.
DESCRIPTION
OTY
UNIT
PRICE
TOTAL
77
18" RIC PIPE SEWER DESIGN 3006 CL 5
142.00
78
LF
$38.00
$5,396.00
REMOVE SANITARY SEWER SERVICE
1.00
79
LS
$1,275.00
$1,275.00
6" GATE VALVE
1.00
EA
$1,150.00
$1,150.00
80
12" RCP GRATE
81
1.00
EA
$220.00
$220.00
BIKE TRAIL GRADING
1.00
LS
$4,907.50
$4,907.50
TOTAL ADDED QUANTITIES
SA
F-'lWPWlNlExCellll60-4t5lFr0nt Street Recon CO-11COl Detail
City Council Agenda - 10/28/02
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513. Consideration to approve authorization to enter into a Grant A(areement between
the State of Minnesota and the City of Monticello for the UTNIC project. (O.K.)
A. Reference and backuound:
At the Ultra Machining Company (UMC) groundbreaking celebration, Carol Pressley -
Olson, MN Dept of rade and F'conornic Development, presented Mayor Belsaas and
Terrace Torriann with an Award Letter from the State of Minnesota to the City of
Monticello for a $290.000 grant for the UMC project. Lenny Kirscht, prepared the grant
application on behalf of the City of Monticello.
Attached Grant Agreement R-CDAP-02-01 35-11-FY03) prepared by the State outlines the
general and special conditions between the City and State. Conditions such as release of
funds, $290,000 real estate loan, amortization over 20 years with a five year balloon
payment. shared second lien position (with the FDA loan) on the building. job creation
requirements- etc. Yet to be determined by the Council is the interest rate for this
orant/loan to UMC. Within the proposal to UNIC and as part of the recruitin,,,, process.
the interest rate was proposed at 2.75% consistent with the FDA $200.000 loan. Lenders
suggest a 4% interest rate.
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This $290,000 (,rant to the City will be State dollars which means the City will retain the
first $100,000 principal and interest repayment and the remaining $190,000 and interest
repayment will be returned to the State. State dollars require less monitoring than
Federal dollars which were used for theTCDC project.
On October 22, 2002, Pressley -Olson and Koropchak met to re-\,,ieA, the Implementation
Manual. Upon authorizing to enter into the Grant Agreement with the State, the FDA
Attorney will begin drafting the loan documents for the City and FDA loans. Thereafter,
the Council will hold a public hearing relative to the business subsidy criteria and to
approve the Loan Agreement between the City and UMC. The EDA loan of $200,000
was previously approved by the FDA and ratified by the Council.
B. Alternative Action:
A motion to approve authorization to cater into Grant Agreement #CDAP-02-
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0 1 35-H-FY03 ) between the State of N/I innesota and the City of Monticello and to
approve an interest rate of 2.75% for the loan to t JIN4C (,the Borrow-cr).
uer i -ant Agreement _4'CDAP-02-
2. A niotion to approve authorization to ent into Gi t�
01 35-f-1-FY03 between the State of Minnesota and the CANT of Monticello and to
City
approve an interest rate of % for the loan to UMC (the Borrower).
City Council Agenda - 10/28/02
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3. A motion to deny approval for authorization to enter into Grant Agreement
#CDAII-02-01 35-14-FY03. Z--
4. A motion to table any action.
C. Recommendation:
For consistency with the Monticello Proposal, the City Administrator and Economic
Development Director recommend Alternative No. 1.
D. SUDporting Data:
Copy of the Grant Agreement, award letter., bank commitment, and excerpt from the
proposal.
STATE OF MINNESOTA
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPME
BUSINESS AND COMMUNITY DEVELOPMENT DIVISIO11J
This Agreement is made on September 23, 2002, between the State of Minnesota, acting
through the Department OfTrade and Economic Development (hereinafter the Gr@DkJh.and
the City of Monticello (hereinafter the Grantee), 505 Walnut Street, 8t' 8Uit8 1, Monticello, MN
55382-0076.
The Grantor has been authorized to administer funds pursuant to Minnesota Statute
116J.8731.
The Grantee has made application to the Grantor for a portion of the allocation for the purpose
Oyconducting the project ent0edUb[a Machining Company inthe manner described iO
Grantee's 'y\pp/iCebOn.#CDAP-O2-0135-H-FYO3" (herein the Application) which is
incorporated into this agreement by reference.
The recitals Bre an integral part of this Grant Agreement.
In consideration of mutual promises set forth be|Ovv, the parties agree as follows:
The Grantor shall grant to the Grantee the total Sun1 of TWO HUNDRED NINETY THOUSAND
DOLLARS ($290,000), which shall be state funds appropriated under the Minnesota
Investment Fund Program bythe State Legislature. The Grantee shall perform the activities
that are proposed in the Application and are further specified under Special Conditions during
the period from September 23, 2002 through April 30, 200� in accordance with all other
applicable State and Federal |avvS.
Grantee agrees tVcomplete the project iO8CCordanC8vvbhthe approved budoE�@Odvv�hinhhe
UDle�8nn8SSpeCUGrantees Any - ha|change lD
the scope of the project, budget, or completion date must be approved in writing by the
Grantor.
Funds made available pursuant to this Agreement shall be used only for expenses incurred in
performing and accomplishing such purposes and activities during the grant period described
above.
Where provisions of the Grantee's Application are inconsistent with other provisions of this
Agreement, the other provisions of this Agreement shall take precedence over the provisions
Ofthe Application.
AcoountinO, For all expenditures of funds made pursuant to this Agreement, Grantee shall
keep financial nsCOrdG, including invoiCeG. contracts, receipts, vouchers, and other documents
sufficient to evidence in proper detail the nature and propriety of the expenditure.
LoonRetDGyrnBOt. Grantee will comply with the repayment provisions ofthis Agreement until
the loan to Ultra Machining Company is repaid and payments due from Grantee to the State
are rn8de.
Reporting. Grantee shall submit reports iOGrantor iDaccordance with the reporting
requirements set forth inMinnesota Rule 43OO.32OO. Grantee shall use the forms found inthe
Implementation Manual provided by the Grantor and submit progress reports on a yearly basis
ending December 31. PnOgn2SS reports are due January 25. The Grantor, 8tits discretion,
may require the submittal of additional progress reports during the grant period,
Audit and Inspection. Accounts and records related to the funds provided under this
Agreement shall be accessible to authorized representatives of the Grantor for the purposes of
examination and audit. In addition, Grantee will give the State of Minnesota, Department of
Trade and Economic Development, Legislative Auditor, and State Auditor's (]Mjce` through any
authorized repreSentadveS, eoceoS to and the right to examine all [eCordS, books, p8p8rS. Or
documents related to the grant for inspection and 8Udit, for n1ini[nunl of six years from the
end ofthis Grant Agreement.
PayrnenVOiSbursenlentSchedu|e. Grantor shall disburse funds tVthe Grantee pursuant tOthis
Agreement, based upon 8 payment request submitted by the Grantee and reviewed and
approved bythe Grantor. The Grantor iSrequired tOdisburse the funds for this pr
June 3O.2OO4asrequired by_Minnesota Statute 18A.28,,SubdivisionO
Affirmative Action. Grantee is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the disabled and submit the plan to the
Commissioner 0fHuman Rights as required by Minnesota Statutes 363.073 Subdivision 1.
Notice for Contract and Subcontract Grantee shall |DdUde in any ooDt[@Ct or subcontract, in
addition tothe provisions to define asound and complete agreement, such provisions astO
assure contractor Orsubcontractor compliance with applicable state and federal laws.
Antitrust, The Grantee hereby assigns tothe State OfMinnesota any and all claims for
overcharges as to goods and/or services provided in connection with this contract resulting
from antitrust violations which arise under the antitrust laws of the United States and the
8Odt[uSL |avvS of the State of Minnesota.
Termination byfh8 State, The State orcommissioner OfAdministration may c8DC8| this Grant
at any time, with or without naue8. upon 30 days' written OOdC8 to the Grantee. Upon
termination, the Grantee will beentitled to payment, determined OD 8 pro rata basis, for
services 5afiSfGCtO[i|y performed.
Termination for Insufficient FundiOO.Th8 State may immediately terminate this Grant if it does
not Obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot
becontinued mt@level sufficient toallow for the payment ofthe services covered here.
Termination must tebvwritten orfax notice to the Grantor. The State iSnot obligated to pay
for any services that are provided after notice and effective date of termination. However, the
Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed tOthe extent that funds are available. The State will not beassessed any penalty if
the Grant is terminated because of the decision of the Minnesota Legislature, or other funding
soUrce. not to appropriate funds. The State must provide the Grantee n0UC8 of the lack of
funding within a reasonable time ofthe State's receiving that notice,
Amendments. Any amendment k]this Agreement shall be inwriting, and shall be executed by
either the same persons who executed the original agreement, their successor in office, or by
those persons authorized bythe Grantee through aformal resolution ofits governing body.
Government Data Practices. The Grantee shall comply with the Minnesota Government Data
Practices /\Ct' Chapter 13 and the Conflict Of Interest provisions of Minnesota Statutes,
Sections 471.87-471.88,
Successors and ASsiqDees. This Agreement shall bBbinding upon any successors o[
assignees of the parties,
AuthV[izedAqeni The State's authorized agent and contact person responsible for
administration of this Agreement is Carol Pressley -Olson (or successor) of the Department of
Trade and Economic Development.
Liability. Grantee agrees h]indemnify and save and hold Grantor, its agents and employees
harmless from any and all claims Orcauses ofaction arising from the performance ofthe Grant
byGrantee VrGrantee's agents o[employees, This clause shall not beconstrued tobar any
legal remedies Grantee may have for the Grantor's failure to fulfill its obligations pursuant to
this Agreement.
FOR: Grant Number: CDAP-U2-0135-H-FYQ3
Project Title: U|tra Machining Company
Funds will not be released until the following is submitted to the Grantor and approved:
a) Grantee's Revolving Loan Fund (RLF) policies and procedures incorporating
OTE[)'G Guidelines.
b) Construction Contract.
` Closing documents on the Greater Monticello Enterprise Fund.
d) Documentation OfEquity injection.
e) Closing documents nDthe loan with Twin City Federal.
2. The Grantee may not request funds from the Grantor for disbursement to Ultra
Machining Company until the Grantee has received invoices for construction costs, The
Grantee must request funds for construction costs from the Grantor based on a cost-
sharing ratio of percent grant funds to 81 percent other funds.
3. The leveraged funds described inthe approved Application must beused for the same
purposes and under the same terrns, rateo, and cODdidoOS. an specified in the
approved appHcadon, unless prior written concurrence is received from the Grantor,
4. Grantee must secure from Ultra Machining Company the necessary documentation that
all project fuOdshsvebeenuoedfDrth8itennaandpu[pOsesStatedinth8GF8nt
App|ioEkiOn, prior to requesting grant closeout from the Grantor,
5. The Grantee shall enter into a Loan Agreement with Ultra Machining Company
(hereafter "Bor[oxver'\for TvVoHundred Y�inetvlFhqusmOddollars ($29U.00O).tobR
oedfn[thepu[pOSeS conditions and terms @Sstated inthe approved Application, and
may not bemodified without prior written approval from the Grantor. The loan will b8
amortized over 2Oyears with a five year balloon. The interest rate will bSestablished
prior to the release of funds. Collateral shall be in the form Of shared 2nd lien position
Onthe building and the personal guarantees ofTerrance and Mary TOnlanA.
& Grantee's attorney must review Loan Agreements, promissory notes, security
agreements, mortgages, guaranty orother documents, if any, considered necessary b«
the Grantee tnsecure the|O8ntoensuF8thatth8y8nev2did.biDdiOg8nd8nfOroB@b|B.
Special conditions 1 b.C'd.e. 2. 3, 4` 8.10.11. 12' 13. 14, 15 included inthis Agreement
must beincorporated into the Loan Agreement. Acopy Ofthe Loan Agreement,
promissory note, and amortization schedule, and evidence Ofsecurity filings, must be
submitted tothe Grantor for review prior tDrequesting funds.
7. Principal and interest payments from the loan to Ub/e Machining Company must be
used toestablish and maintain a revolving loan fund. The Grantee [Duet retain financial
control and decision-making authority regarding the use of the repayments from the
loan. However, the Grantee may |O@D or grant money from its revolving loan fund to a
regional development organization ortOastate community-based development
organization for capitalization of regional Or statewide revolving loan fund. The
Grantee must notify the Grantor, in vv[iting, prior to the [8|B88e of funds to an
organization. The revolving loan fund policies and procedures must beconsistent with
the Minnesota Investment Fund Program requirements to further economic
development in the community thereby creating or retaining permanent positions,
8. The Grantee may retain the repayment Ofthe first $1OO.0000fprincipal plus interest.
After $100,000 principal has been repaid, all subsequent p8YOl8DtS of principal and
interest received by the Grantee are to be submitted to the Grantor. The status of
payments shall b8reported Onthe progress reports. In the event the loan is not paid -
in -full, the $100,000 principal and interest the Grantee retains will b8reduced
proportionally.
S. The Grantee must include job creation information in each progress report. This
information must include:
-peOnaneOtjobScnBated -hourly wage -dateBnl (s) hired
- job title per job -hourly value of benefits - benefits
10. The Grantee must report onpermanent job creation until the 28FTE jobs are craGbyd.
all paying $12.O0per hour ormore iOwages, exclusive Ofbenefits, |fUltra Machining
Company fails tOmeet the job creation goal and wage level commitment bythe end
date 0fthe grant period, which is two years after the expected benefit d@te/\ph/3O.
2OO�. the Grantee will be required to return to the Grantor all or proportional Share Of
the grant. Ultra Machining Company identified abase employment Df7OFT/FTE
enOp|Oy8eS in the Grant Application, which must be maintained through the end date Of
the grant period, in addition tDthe 29 FT/FTE new jobs created.
11. Minnesota Statutes 11OJ.883-11GJ.984(Business Subsidies Law) applies 0Dthis
project. In accordance with these statutes, G business that h3i|S to meet the terms of this
grant agreement, may not receive financial assistance from any grantor for a period of
five years from the date of failure or until the business satisfies its repayment obligation
under this grant agreement. These statutes also require that abusiness receiving
financial assistance continue operations gtthe site until April 3O.2OO8.which is three
years after the expected benefit date, The loan made under this grant agreement iS
payable iOfull ifthe business does not continue operations at the site.
12. Ultra Machining Company must list any vacant or new positions with the Commissioner
Of Economic Security or |oC8| service unit operated by @ county or counties operating
under joint powers @gr8BrDeOt. one Or more Cities of the first d@Gs Operating under a
joint powers agreement, or 8 city of the first C|aSS. Ultra Machining Company must sign
a First Source Employment Referral Agreement with Economic Security, Minnesota
Statute 268.66 requires that a business receiving in eXC8Ss of $200,000 from the State
enter into 8 First Source Agreement,
13. The Grantee must comply with Minnesota Statutes, 2SO.87O5bveither:
al Depositing with the State 8percent Cf every payment made tOnon-Minnesota
construction contractors where the contract exceeds $100,000; or
b) Receiving an exemption from this requirement from the Minnesota Department of
14. Minnesota SH@tufeS, Section 110J,871 applies LOthis project. This statute requires Of
recipients of state assistance to pay the prevailing wage rate to |atNnBns and rneChaO)Cs
at the project site. The recipient or person benefiting from the financial assistance must
certify to the Commissioner of Labor and Industry that laborers and mechanics assigned
prevailing wage rate isamisdemeanor and iSpunishable bya fine ofnot more than
$700. or imprisonment for not more than SD days or both, Each day @ ViD!adOn of this
subdivision continues iS8separate offense. If sUbr8cipieDtiSiOnoncompliance with
prevailing wage rate requirements, the Grantee must withhold payment of grant/loan
funds to subrecipient until the Minnesota Commissioner of Labor and Industry indicates
that the subrecipient is in compliance with the prevailing wage requirements,
15. The Grantor may not authorize disbursement offunds if there has been any adverse
change inthe company's financial condition, organization, operations or their ability to
repay the project hnoncing.
Grant Number: CO4P-02-0135-H-FY0
Project Title: Ultra Machining Company
Notice to Grantee
You are required by Minnesota Statutes, Section 270.66, to provide your Minnesota tax identification
number ifyou dobusiness with the State ofMinnesota. This information may beused inthe
enforcement offederal and state tax laws. Supplying these numbers could result inaction torequire you
to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless
these numbers are provided. These numbers will beavailable tofederal and state tax authorities and
state personnel involved in the payment ofstate obligations.
Minnesota Tax ID: 8023$98
Federal Employer ID: 41~6005385
The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its
terms through their signatures entered below.
GRANTEE: / have read and |agree
toall ofthe above provisions
of this agreement.
By
Title
Date
By
Title
Dabs
STATE DFMINNESOTA byand
through the Department of
Trade and Economic Development
By
Title Commissioner
Date
Department ofTrade and Economic
Development
By
Date Encumbered
[Individual signing certifies that funds have been
encumbered asrequired by Minnesota Statute
September 26, 2002
The Honorable Roger Belsaas
Mayor of the City of Monticello
505 Walnut Street, Suite I
Monticello, MN 55362-0676
Dear Mayor Belsaas:
I am pleased to inform you that the City of Monticello's application for a
Minnesota Investment Fund grant was approved on September 23, 2002. As
outlined in the approved application, the City of Monticello will make a loan of
$290,000 to Ultra Machining Company.
A grant agreement is being prepared by the Business and Community
Development Division staff. They will also provide you with additional
information about your grant award to help you achieve your economic
development goals.
Also, please note that your approved application becomes part of the grant
agreement. For additional information, contact Paul A. Moe, Director of
Business Finance, at 651-297-1391.
Finally, let me extend my congratulations to you and your staff for developing a
successful project application to help address your community and economic
development needs.
Sincerely,
Rebecca Yanisch
Commissioner
500 Metro Square m 121 7th Place Fast m St. Paul, Minnesota 55101-2146 m USA
wwwAted,statemn.us 651-297-1291 m 800-657-,3858 m 1AX 651,296-4772 m TTY/TDD 800-627-3529
10/11/02 FRI 12:21 FAX 76347816483-1--l- --UMC,,,-INC.
Dick Salonek
UMC, Inc.
a"
IfookiLi�10,
bl�bblHb04
This letter is to inform you of TCF National Bank's approval of the partnership's
2ni 7e:
industrial building. The approval is conditioned, among other things, upon the
commitment of $395,000 in Tax Increment Financing and S200,000 in subordinated
loans from the City of Monticello and $290,000 in subordinatod loats ftorn the
Minnesota DepaTtment of Trade & Economic Development.
An offer to lend will be prepared aad sent to you which will detail all the terms
conditions of the proposed credit facility.
Sincerely,
Kurt A, Schrup
Senior Vice President
gill )kd)',) e1<4 Y)
U013
P - 02./02
TOTAL P.02
The City of Monticello is prepared to waive or forgive $55,560 of
the sanitary and storm sewer and water trunk fees for 6 acres.
Trunk fees based on per acre charge.
The remainina sanitary and storm sewer and water trunk fees
L"
can be assessed over 10 years at an interest rate of 6.5% of-imid
The City of Monticello is prepared to lend UNIC $200,000 at an
interest rate of 2% below prime rate. Loan$200.
The City of Monticello is prepared to submit- an application to the
Minnesota Department of Trade and Economic Development for
a grant in the amount of $290,000 on behalf of UNIC. The City
would then lend the $290,000 to UNIC at an interest rate of
Funding subject to eligibility.
The City of Monticello suggests submitting an application to th-�
Central Minnesota Initiative Fund for a loan to UNIC in the
amount of $250,000. Interest rate between 6 to 7%. Funding
cubject to eligibility. Application fee 1% of loan amount.
For qualifying manufacturing businesses, the City offers grant
application assistance for State and Initiative Funding Programs
at no cost. Value between $4,250 to S6,000.
The City of Monticello is willing, to issue Industrial Revenue
Bonds on behalf of UMC and suggests using Kennedy & Graven
tn'
T he City of Monticello offers the option to install a separate wate fil
meter for the purpose of irrigation to reduce sanitary sewer costj
For industrial development, there is no park dedication or park
fee required.
MIA
Council Agendii - 1().!28/()2
5C. Consideration of <a(jreein2 to future turnback apt'vacated 114!hii av 25) ri(2ht of vvcay. Meilen
Lundsten. (RW)
A. REFERENCE RENCE ANIS BACKGROUND:
Recently the City Council approved the vacation Of that portion of Cedar Street lying south of Dundas
Road to where it intersected with highway 25 and agreed to sell this portion of the right of way along
with a remnant triangular parcel the City obtained from 11,1cl Wolters to the adjacent property owner,
Glen Posusta.
The vacation of Cedar Street covered all of the right of vvay that N1nD0_1` had originally turned back
to the County who then turned it back to the City but there is an additional triangular parcel that
continues on to the south of old Cedar Street that y-InDOT continued to have as part ofthe Highway
25 right of w°ay. It is unknown as to why MriDOT had kept this particular piece of property within
the right of way. but TIVIr. PosttSta had contacted MnD0T representatives who indicated they would
be a(recabie to turnback the unneeded rioht of way to Wright County, w -ho will then likely turn it over
to the City of Monticello as it is not. needed for l li4�llway 25 Purposes. The majority of this property
abuts a parcel of land that is owned by John Lundsten of Buffalo, with a smaller portion abutting the
property owned by Mr. Posusta. Mr. Lundsten has indicated lie (eels this property shot7ld be turned
over to him v\,,hen it is gig en back by MnDO'F in exchange fill• providing a deed to the new Cedar
Street alignment that the City_ will need in order to extend Cedar Street to School Boulevard. .,�s you
may recall. Mr. Postista was required to provide this new Ceder Street alignment as part of the.
transfer from the City of the old right ofvvay to hien as lie was purchasing property from y,fr. Lundsten
and replatting the entire area. Since Mr. Lundsten is still actually the oNvner of the property. he has
indicated a willingness to deed over to the City the new right of way provided we aurce to give him
this small triangular parcel when MnDOT actually turns it. over to the County and the City in the
future. Since we have no guarantee when this will occur, Mr. Lundsten is acceptable to a Council
action indicating that ifand when the City actually gets title to the property we would be agreeable to
turning- it over to him for the exchange.
Staff would be supportive of this request contingent upon Mr. Lundsten also agre.cing to petition for
public improvements along the new Cedar Street right of w -ay and agreeing to waive any objection to
future assessments for the, improvements. This would bein addition to providing the appropriate right
of way exchange. If Mr. Lundsten is agreeable to this provision, it is recommended that the excess
right of way that is turned back by NInD0J' to the City be transferred over to the adjacent property
owner. Cllr. Lundsten.
13. ALTERNATIVE ACTIONS:
Assuming, the City obtains ownership of the excess right of way south of Cedar Street,
Council would aoi,ee to turn over the property to adiacent property owner. ,John Lundsten.
I
Council Agenda - 10/28/02
contingent upon obtaining a petition for Cedar Street extension and agreeing to waive the
public hearino requirements for the improvement and assessments.
2. Do not approve transfer.
C. STAFF RECOMMENDATION:
it is the recommendation of the City Administrator that to expedite the City receiving the new Cedar
Street right of -way aligrnment that any additional excess right of way turned back by MnDOT to the
City he transferred to the adjacent property owner, John Lundsten, with the provisions noted.
D. SUPPORTING DATA:
Copy of MnDOT letter approving turnback request.
Map outlining property in question.
110 Minnesota Department of Transportation
District 3
OF TR 1991 Industrial Park Road
Baxter, IVIN 56425
September 11, 2002
Glen Poususta, President
Amax Self Storage
36 Dundas Road
Monticello, MN 55362
Dear Mr. Poususta:
Tel: 218/828-2460
Fax: 218/828-2210
Toll Free: 1/800/657-3971
I am pleased to inform you that our Entrance Committee approved your request, although not
exactly as on your map. A small triangular tract will be retained by Mn/DOT as shown on the
enclosed map. We will be recommending that our orders be amended. This area will revert back
ZD
to the County once the orders are amended.
If you have any questions or concerns please contact Mary Martin in our Right -of -Way Office at
(218) 828-2477.
Sgklerely'
Bob Busch
Transportation District Engineer
Enclosure:
Map
cc:
Mary Martin - Mn/DOT Baxter
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Council A,Ycnda - 10/28/02
-51). Consideration of Personnel Committee Recommendations. (RIA7)
The Personnel Committee (Roger Belsaas and Bruce Thielen) recently met with the CAN
Administrator to review four items for consideration of adoption by the Council. Background
information on the four topics discussed is enclosed with the agenda and has been previously
submitted to the Council for review.
The following is a brief summary of the Personnel Committee's recorin-nendation and discussion
concernino each of the items that were outlined.
5DI. Consideration of -Darticii)ation in Minnesota State Retirement Svstem Health Care
Savinas Plan.
This new program that is available to all cities will allow the City of Monticello the ability to
have the State Retirement System administer a provision we now have in our personnel
policy that allows employees the ability to use a portion of their unused sick days upon
termination for continuation of health insurance benefits. The City has never established
how the use of this benefit will be administered and how it Nvill be implemented if an
employee retired or terminated and wanted to continue health Insurance benefits, but this
new state program would solve that problem by turning over all administration of the
I
program to the retirement association.
The Personnel Committee members recommended that the personnel policy be amended to
require that all employees ees who select the option of receiving some of their unused
Z__ I
sick leave benefits for continuation of health insurance to have this money paid directly to the
State Retirement Health System plan on their behalf. If an employee selected a cash
option for a portion of their unused sick leave, this provision would not apply and an
employee would not be required to participate with the state plan.
There is no cost to the City for joining this health care plan, but the Council cannot make it
mandator), for employees covered by union contracts, which have to be negotiated
separately.
Please refer to the agenda item and brochure for more detai Is on the plan features and
benefits for both the employer and employee. The recommendation of the Personnel
Committee was that this would be an ideal benefit to both the employee and the employer
and will provide tax savings for not only the City, but also the employee in the Iom, run.
'While initially approval of city participation would only have to deal with sick leave
severance benefits when somebody leaves employment, the Council could also consider
Council 2enda - 10/28/02
allowing some of the sick leave that has accumulated above the normal inaxiniUrn
accumulation (100 days) be placed into the state system before termination on behalf of the
ernployce. For example, anyone who has accumulated more than 100 Linused sick days
could be allowed to put excess hours above this into the account today which \A"OLild
eliminate this liability from appearing on the City's financial reports in the future. The City
could be paying the severance benefits at a lower hourly rate today than what it would cost
in future years. If someone had a catastrophic illness to where they needed additional sick
days above the maximum they had accrued, the employee could withdraw funds from the
medical savings account after the),, were off work for six months or more. For those
employees v, -ho have excess sick days that are being accumulated, this would allow the City
to slowly over time reduce the amount of sick days that are shown on our financial reports if
we allowed., for example, a reduction of 100 hours per year to be put away into their own
account. 'this would be similar to "That we are now doing with accumulated vacation leave
that exceeds a maximurn amount. The Personnel Committee did not discuss this particular
aspect of the health care savings plan, but did recommend that the participation be approved
by the Council.
B. ALTERNATIVE ACTION
The Council could amend the personnel policy provisions regarding
severance benefits for unpaid sick leave to indicate that any ernploylee who
request severance beric.fits for health insurance or medical purposes be
required to participate in the Minnesota State Retirement flealth System
Care Savings Plan.
Under alternative #1, the policy would also allow individuals who have
accumulated over the 100 day maximum be allowed to contribute up to 100
I
hours annually into the health care savings plan until they reach the maximurn
allowed under our present policy.
1 If the Council does not wish to allow a reduction of accumulated sick leave
until an employee terminates or retires, the personnel policy could be
amended to require participation in the State Health Care Savings Plan with
benefits to be paid only upon termination of employment.
C. RECOMMENDATION:
It is the recommendation of the Personnel Committee that participation in the State
Retirement Health Care System plan be approved. It Is the recommendation of the
City Administrator that in addition to participation by the City, a provision be added
to red -Lice the City's liability by allowing employees wholla-,7e accumulated in excess
� I —
of the 100 day maximum to be allowed to contribute up to 100 hours each year to
the plan until they reach the i-naxiniurn as Outlined under option # 1.
Council Agenda - 10/28/02
5D2. Consideration of ad€ trim formal policies neem -dines), emplovee and council
x-cimbursement for meal emicilditui-es, funding- for employee social events and
city membei-shin in the Chamber of Commerce.
The Personnel Committee revieNved and recommended that three policies be approved
by the City Council that outline procedures Nvhen employees and council members
would be eligible for reimbursement of meals and expenditures as part of their
employment. A policy -vas also reviewed that VVOLIld establish why the City of
Monticello is a member of the Chamber of`Cornmerce. and finally a policy that the
Council could consider for expenditures related to employee social events, i.e. summer
picnics or Christmas Lgatheria7as.
Detailed back4(Iround oil the specific policies discussed is outlined in the agenda
suppleanent attached and are the result of informati�>n the City received fioln the
l,eaOne of Minnesota Cities suQ(;estiotas on how local governments earl
address these issues thaat were previously criticized by the State Auditor in regards to
the City of BrooMyn Park. As you will note in the lea(—Iuc brochurc. there is not
always a clear line between 5n -hat may be considered a Ie=_�aal cXpcaaditurc for }public
purposes and what is not. The league staff has recommended that if cities are L-oing to
provide funds for social events such as Christmas paa-ties or saarnmer picnics. these earl
be considered legitimate expenditures for public I)urposes ifthe C:"ouncil adopts
policies relating to each and indicates that it is part of the overall compensation
package for all city employees. Likewise. it was recommended that if meals and
expenditures for iterns incurred by employees in the course of their business were to be
rciitabursed. a general policy was recommended which has becaa prepared.
The Personnel Committee recommends that the policies be adopted as presented. As
an additional note. sonic fundin, has been included in the city council bald ;et for the
year 200; that Would allow for funding of social events that have been Outlined in one
of the policies. This can be discussed further by the Council at a fature budget
Nvorkshop and the adoption of the policy does not require the Couneil to expend money
for these purposes, but only outlines under the conditions the Council may consider
these expenditures.
B. AurERNATIVE AC li ONS:
Adopt the formal policies regarding employce and council reimbursement for
meal expenditures, funding for employee social events and city membership in
the Chamber of the. Conlnlcr-ce as outlined.
?. Do not adopt some or all of the policies proposed.
Council Agenda - 10/28/02
zn
C_ RE.COMMENDATION:
It is the recommendation of the Personnel Committee and City Administrator that the
policies be formally adopted as outlined. ',hese policies will clarify conditions that
have currently existed in some areas such as meal reimbursement for employees and
chamber cities. but establishes a new policy relat.ino to city expenditures for social
events of employees. Recommendation Would be for alternative 91.
5D3. Consideration of estaablishinia a pre-tax flexible s e dine! account,,
Pre-tax flexible spencling accounts for employees to use to cover unreimbUrsed
medical expenses and,'or child care expenditures have become veru popular with manv
employers throughout tile country. The basic idea is that employees set aside a certain
amount of inoney from their pay that is Used to cover ln1rcimburscd medical
expenditures and it is clone so on a pre-tax basis. 'file City (employer) saves the
7.65'//o social security tax and the employee also saves the social security tax and
income tax on any amounts used for medical purposes.
While some employers actually administer the program by handling reimbursements to
cmplovees, it is su4(.trestcd that the City participate in a pre-tax flexible spending
account by hiring a. third party to administer the prograin for annual lee. The 17limhea•
of emplom ecs that have expressed interest ill participating would wake the cost to the
Citv very small, and hopefully if enough c uplovecs joie. there would be not. cost to the
City with the City actually saving, money by eliminating social security tax..
'File Personnel Committee recommended the Council allow this pre-tax flexible
spending account to be established and recomn
meded that a limit be set of $2.500 per
employee that could be set aside each year and that the benefit would only be available
to full-time and/or permanent part-time employees who have been employed for at
least six months. Again, please review- the agenda background that was included to
the Personnel Committee for further information on the program.
B. ALTERNATIVE ACTIONS:
Author_ize the establishment of pre-tax flexible spending account l -or city
employees that sets a limit of 52.500 per year and for employees tvho are
permanent full-time or permanent part-time emplovecs with at least six months
employment.
Under this option., staff would contract with an appropriate third party vendor
Nvllo can provide the service to the City at the lowest cost per year.
I Do not adopt a pre-tax flexible spending account at this time.
4
Council Agenda - 10/28/02
It is the recommendation of the Personnel Committee and the City Administrator that
the pre-tax flexible spending account program be established. This particular benefit
has become very popular with many employers in recent years and I believe that once
it is established. the City will actually see a savings in its employment taxes as a result
of this program.
51)=1. Consideration of exnandinL, C:itt- [fall onerzation lusters and del-elol)irr<a a flexible
Nvork schedule for employees.
The Personnel Committee discussed the idea of expanding the hours of operation at
city Mill and also allowing city staff to develop a flexible work schedule for city hall
employees. Implementation of flexible work schedule could be accomplished by
expanding the hours city ball is open Monday through Thursday with shorter hours cna
Friday or a flexible schedule might work to allow for some expanded hours N-tonday
throut.-111 Thursday, u%ith regular off ice hours oir Friday, Staff has noted for some time
now that many activities that the public uses city hall for could be accomplished earlier
in the mornings or later in the afternoons over what our office hours are currently. For
example, citizens applying for- building perniits oi- picking up buildings permits would
likely occur- before 8 a.m. if we were open or after 4:30 p.m. daily. Many people have
to leave for work before city hall opens and/or return after city hall closes. It appears
t-rom some <L)eneral discussion with city hall employees that there may be enough
interest by employees it, hai int flexible work schedules that would allow us increase
the hours of'operation at city hall without addim, additional staff. Iu other words,
there are individuals who could cover the earlier hours and maybe leave, earlier in the
afternoon v\,bile there are some who Lire able to stay later in the evenings to cover
expanded hours. This becomes a little more difficult to implement if we are simply,
just expanding hours Nlonday througll Thursday with regular hours on Friday as we
now have more time to cover with the, same amount of employees, but it is possible
that it could be accomplished.
The Personnel Committee \vas veru supportive. of allowing' the staff to see if flexible
work hours and schedules coutd be established that would expand the hours of
operation but Was uncertain whether the; City should consider closing early on Friday
afternoons at this point. It was suggested by the Personnel Committee that attempt be
made to see if a flexible work schedule could be established by administration and to
imptement it on a trial basis for six months or so. tf it was later determined that
expanded hours Monday through "Thursday seemed to be acceptable to the public, the
Council could then revisit the idea of possibly closing earlier on I'riday to make up for
this extra time.
At this point, the Council is bcing asked foe authorization to allow administration to
mvcstigate. further the idea of flexible work schedules to see if v, can actually expand
5
Corrncil Benda - 10/28/02
the hours y londav through Thursday for the benefit of the p€€blic. In establishing. a
flexible schedule for° employees. the office ]lours oil Friday would still ren -rain 8-4;30
dt€rine; the trial period.
B. ALTERNATIVE ACTIONS:
AL1thOrize staff to establish a flexible N,cork Flan for employees that tivould also
expand the office hours Monday through Thursday for city hall.
2. Do not authorize a flexible work schedule at this time.
C. RECOININIENDATION:
As noted above. it is the recommendation of the Personnel Committee that staffbe
6ven the authorization to develop a flexible work schedule for city- ball employees on
a six 1,11011th trial basis. If the administrator finds that a flexible work schedule is €x>t
feasible \,with the current employee makeup. city hall hours of operation WOUld remain
at 8-4; 30 Monday through friday.
D. SUPPORTING tm,rA:
Background Information that was submitted to Personnel Committee.
6
Consideration of participating in Minnesota State Retirement System Health Care Savings Plan.
In 2001, the State legislature authorized the Minnesota State Retirement System to establish and administer a
health care savings plan whereby public employees through their employers may save to cover post retirement
health care expenses. The City of Monticello would be eligible to participate in this program by a simple
amendment to our personnel policy.
Some of the plan features are:
Employees can build a tax free savings account. Contributions going into the program will be
tax free and since the payouts are used for medical expenses, they will remain tax free.
The money in the account can be used to reimburse employee medical expenses and those of
the employee's spouse and dependents, including health insurance premiums.
Employees can make their own investment choices from seven different options provided by
the State Board of Investment. Investment returns are added to or subtracted from each
employee's account.
Employees can draw from their account. of regardless
Z:� acre, Linder any of the following
conditions:
I . Upon termination of employment (Retirement or termination)
2. While collectin- a disability benefit from the employer.
3. While on a medical leave that exceeds six months.
4. While on a leave of absence that exceeds one year.
A brochure outlining the general plan features is attached for the committee's review, but the main reason I am
bringing this tip for discussion is that it may be the ideal solution for the City of Monticello in figuring out how
to handle severance benefits that we have already set tip in our personnel policy regarding sick leave
severance benefits when an employee retires or leaves city employment.
Recognizing that health insurance would be a major issue for any employee who retired or left city
Z:1
employment after years of service. the City Council in 1996 amended the personnel policy and set up a
provision that allowed any employee who had accumulated more than 100 days of sick leave to receive credit
for any days over 100 as a severance benefit on1j,, if an election was made by the employee to use this
money for continuation of health insurance benefits. This additional severance benefit was in addition to the
provision that allowed terminating employees to receive up to '/'2of their unused sick leave, not to exceed 50
days. as acash payment upon termination or retirement. The new provision the Council added for those days
accumulated over 100 would only be made if the employee took all of the sick leave severance benefits
allowed and set it aside for continuation of health insurance benefits rather than receiving any type of cash
payment. The idea behind this policy was to encOLirage employees to provide for a means of paying for health
111SUraricc or medical costs after they leave city employment and to seriously think about setting aside funds for
this purpose rather than simply taking the smaller cash payment.
AlthOL11111 this policy has been in effect for six years now, no one has retired or terminated employment that
qualified by having more than 100 days of sick leave accumulated, so the city has not had to figure Out how to
deal with administering this new benefit. It has never been established as to how the funds would be
accounted for if an employee selected this option and whether the monies Would be held in escrow by the City
to be paid for continuation of the city's health insurance premiums or whether the employee could pick their
own health insurance company and have the city pay the premiums directly. In addition. no one has
investigated the tax consequences of this type of severance benefit, i.e. is the amount taxable to the employee
if it is set aside and held by the city'? Or is it a tax free payment?
With the city having the ability to belong to the new health care savings plan, it appears that this would be an
easy solution for the city to participate in that Would relieve the city of any obligation to administer the
distribution of severance benefits for health insurance purposes and would allow the employee to use these
severance benefits for not only health insurance premiums but any other medical expense. Since the
program has been approved by the IRS, it clarifies that the employee could receive the severance benefits as
a tax free distribution when the money is distributed to them for medical purposes. In addition, the employer
er
also benefits in eliminating a 7.65% social security contribution. City participation in this program would
open tip additional opportunities for the city to provide additional contributions above severance benefits to
the program or require employees to set aside a certain percentage of their income for this purpose or it Could
be used as a negotiating item in any union contract renewal or simply be part of any benefit or salary
adjustment package the council looks at each year. This isn't a requirement of the prograrn, but it does allow
the city to structure many different options as a benefit. For example, some cities have provided a longevity
benefit that is paid for by city based on length of service, with the money being put into this health care savings
plan only. Some cities and school districts have done it on a matching basis with the employee setting aside 'a
certain amount of money and the employee matching it. The whole idea is that the employer and employee
recognize that health insurance and medical cost after leaving city employment are a big concern of everyone
and forcin- or making it attractive for employees to set aside money for this purpose only benefits everyone.
The city saves employment taxes on the amounts that are contributed and the employee also saves
employment and income taxes on the funds received.
The main idea at this time NVOUld be to have the city approve participation in the program and to allow
employees to fund it themselves only through the use of severance benefits. The city's only obligation is to
I - -- it -a
make it part Of Our personnel policy that states all employees are treated the same and that any one who can
collect benefits under the severance provision for accumulated days over 100 sick days Would have to set the
money aside in the state health plan. The city Could leave the same provision that exists now that says if
someone only wants a cash payment. those funds could be paid directly to the employee. The city could also
set the policy allowing employees to set aside some of their vacation benefits into this program if we choose.
If the city were to participate in this program, we Could allow the employees to continue Z:�
Z:� accumulating sick
days as they are now and only worry about paying it into this health plan when they actually terminate or
retire. Another option to allow employees who already have accumulated above 100 sick days to commit to
the health care savings plan and the city could pay all or a portion of the days accumulated over 100 annually
into the program on behalf of the employee. The advantage to the city is that iat we start to reduce the amount Of
severance liability that «e carry on our books and the amounts are paid at the: Current hourly wages of the
employee rather than accumulating as they wages accumulate. For the employee, the benefit is that they start
to see some funds bein,_, accumulated in their account for medical purposes prior to retirement and the
employee would be responsible for investing those funds until they are withdrawn. Regardless of how we set
LIP the distributions of the severance benefits, I believe it is a great opportunity for the city to avoid setting up
and administration plan for how to deal with accounting for severance benefits if anyone does select the option
to continue health insurance benefits. This is a win-win situation for both the employee and the city and it
would accomplish the goal of helping the employee to provide for their own medical cost after retirement or
termination.
Attachment: Personnel Policy Section - Page 17
Brochure
MRS
Minnesota State Retirement System
60 Empire Drive, Suite 300
St. Paul, MN 55103-1855
Telephone: (651) 296-2761
Toll Free: (800) 657-5757, Fax: (651) 297-5238
E -Mail: msrs@state.mn.us
Web site: www.msrs.state.mn.us
February 2002 IVISRS 2201
SP
POST RETIREMENT
HEALTH CARE SAVINGS PLAN ,
'T'Vhat You Need to Know
About the Post Retirement Health Care
Savings Plan
Administered by the Minnesota State Retirement System
The post retirement health care savings plan is an
employer-sponsored program that allows employees to
save money into an account to pay medical expenses
and/or health insurance premiums after termination of
public service.
Employees will be able to choose among seven different
investment options provided by the State Board of
Investment. Assets in the account will accumulate tax-free,
and since payouts are used for medical expenses, they will
remain tax-free.
Laws of Minnesota 2001, Chapter 352.98, authorizes MSRS
to offer this program to state employees, as well as all other
governmental subdivisions.
The Internal Revenue Service (IRS) authorizes government
bodies to establish "funds" which are deemed to be an
"integral part" of the organization. IRS rulings state that
providing employee welfare benefits to retirees is an
"essential function" of state or local government's activities.
The IRS also deemed that providing retiree health benefits
is an "essential function." Therefore, it is considered an
integral part of the government's activities and, as a result,
it enjoys the entity's tax exempt status. (In Treasury
Regulation Section 301.7701-1(a)(3))
Employees covered by a bargaining unit:
Amounts to be put into the account must be negotiated or
agreed to by both the bargaining unit and employer.
Employees not covered by a bargaining unit:
Amounts to be put into the account must be included in a
personnel policy and must cover all employees covered
under the personnel arrangement.
Employer Contributions: For example, an employer could
elect to put a specific dollar amount into employees'
accounts, or set aside a percentage of employees' salaries
into the accounts.
Mandatory Employee Contributions: For example, a
portion of the next salary increase could be required to be
set aside in a plan.
Severance Pay: For example, many public employers pay
unused vacation or sick leave as severance pay at the time
of termination. All or a portion of the severance pay may be
required to be put into the plan.
the"
Y �1,1nig
The post retirement health care savings plan allows
employees to set aside money to cover the ever-increasing
costs of health insurance and medical expenses after
termination of public service. While deferred compensation
plans or retirement accounts provide a tax-deferred benefit,
amounts paid out are considered taxable income. Under the
post retirement health care savings plan, amounts
contributed are tax-free and no taxes are paid on amounts
to pay health and dental insurance premiums and to cover
out-of-pocket medical expenses.
This tax advantage could result in significant savings to you
and your family. For example, let's say you are eligible for
$5,000 in severance. If paid in cash, after subtracting
federal, state, and FICA (,social security and medicare) taxes,
the net amount of the payment would be approximately
$3,000. If that same amount was transferred into your pOSL
retirement health care savings plan, the entire amount of
$5,000 would be available to provide health care coverage.
The employee's spouse and dependents must use the
account for medical expenses which will be tax-free. If no
spouse or dependents, the account balance will be paid to a
designated beneficiary or to the estate. At this point, the
payment is subject to state and federal taxes; however, it is
still exempt from FICA (7.65%).
0
NMI'
The post retirement health care savings plan allows your
employer an opportunity to offer a benefit that you can use
to cover the rising cost of health care. Employers are not
required to pay FICA (7.65%) taxes on amounts
contributed to this plan.
What" 'r""' il' . . ... p6ni'si i: i ies, does
MYempTciyer
have regarding i e:a, thiftistratib-fin of le,',
post retirement heaItli care sautr►gs plan?'
The'main responsibility is to determine how contributions
will be made to the plan and making contributions to the
plan on behalf of eligible employees. MSRS will provide
your employer with employee enrollment kits to get
you started.
. ... ... ....
7w do I yet sfarter
Your employer will provide you with an enrollment kit.
Complete the forms and return them to your employer.
These forms are forwarded to MSRS. The forms ask for
data such as name and address as well as beneficiary
designations.
We will then send you a welcome letter and provide you with
a personal identification number (PIN) to be used to access
account information and change investment allocations.
Investment allocations can be made on the MSRS Web site at
(www.msrs,state.mn.us) or on a paper document.
7
How wi11 my assets b""
irivested� ""
You will be able to choose
among seven different
investment options. You
may change your investment
selections once per month.
You can contribute to as man)
the seven available investment
as you wish.
3
The chart below shows the investment options, and the
annual investment fee charge for each investment option:
Account Name
Annual Fee*
Fixed Interest
0.13%
Money Market
0.01%
Bond Market
0,09%
Income Share
0.01%
Common Stock index
0.02%
Growth Share
0.26%
International
0.32%
* Fees are subject to change.
Yes. You will receive an account statement every six
months. It will be mailed directly to your residence.
MEMENINNONIOM
The administrative fees to administer the plan are deducted
from your account. You will be charged 0.15% of your
account balance each quarter (0.60% per year). For
example, if you have an account value of $10,000,
$15 per quarter will be deducted from your account.
The maximum annual fee charged on an account will be
$140 or $35 per quarter. All fees are subject to change.
You are eligible to draw from your account under any of the
following circumstances:
• If you leave employment
• If you retire
• If you are collecting a disability bencht from one of the
public pension plans
• If you are on a medical leave tsix nwilths or longer)
• If you are on a leave of absence (one year or longer)
4
D Dim I
MSRS will reimburse you directly for your out-of-pocket
medical expenses. Payments will be made to plan
participants who submit proper claims every week,
However, there is a $75 minimum reimbursement*
requirement. Do not submit a claim until you have
collected $75, or more worth of receipts.
* The minimum reimbursement is subject to change.
Reimbursements paid from the post retirement health care
savings plan to cover health insurance and medical expenses
will never be taxed. No income tax withholding or reporting
is required.
However, it is important that you understand that this
money can only be used to offset health care costs or the
Cost of health insurance, and at no time can be accessed for
other purposes.
N
1=2MMINNOMEM
Eligible medical/dental expense account expenses are those
expenses which are deductible for federal income tax
purposes. These include expenses related to the diagnosis,
care, treatment or prevention of disease (see examples below).
For more examples, see IRS Publication 502 which is
available from your local IRS office.
Your HCSP account may be used to cover the cost of health
and dental insurance, long-term care insurance, and
monthly Medicare B premiums. In addition, a list of costs
that can be reimbursed is shown below:
• Acupuncture and acupressure
• Air filter prescribed for treatment of allergies
• Alcoholism or drug dependency treatment and
treatment centers
• Ambulance
• Artificial limbs and teeth
• Birth control devices (with prescription)
• Birth control pills
• Braille books and magazines (to the extent prices exceed
prices for regular books and magazines)
• Car (special medical equipment within)
• Childbirth preparation classes for mother, excluding
portion for mother's coach
• Condoms (with prescription)
• Contact lenses
• Contact lens solution
• Dental treatment, including dentures, and orthodontia
(braces and retainers)
• Diathermy
• Drugs which require a prescription to be purchased
• Operations and related treatment
• Eye examination
• Eyeglasses
• Fees to doctors, hospitals, etc. for:
Anesthesiologist
Chiropodists
Chiropractor
Christian Science Practitioners
Clinic
Dentist
Dermatologist
Gynecologist
Midwife
Neurologist
Obstetrician
Ophthalmologist
Optometrist
Osteopath, licensed
Pediatrician
Physical examination
Podiatrist
Practical nurse
Psychiatrist
Psychoanalyst (medical care only)
Psychologist (medical care only)
Sex therapist
Surgeon
• Guide dog and its upkeep
• Hearing aids and batteries
- Home modification to accommodate handicapped person
• Iron lung
•Laboratory fees
• Lip-reading lessons
• Lodging for medical care ($50 per night)
• Massage therapy if accompanied by doctor's prescription
indicating length of time needed and number of
treatments needed
- Medical supplies
• Medications which require a prescription to be purchased
• Mental institution care (mentally ill person unsafe when
left alone)
N
• Mentally handicapped, special home for
• Nurses' expenses and board
o Nursing care
• Nursing home (if for medical reasons)
• Obstetrical expenses
• Organ donation, organ transplants
• Orthopedic shoes, excess of costs over normal shoes
• Oxygen equipment
• Radial keratotomy
• Rental of medical equipment
(see IRS Pub. 502 for guidelines)
- Sanitarium
• Special schooling for physically or mentally handicapped
• Speech therapy
• Spousal or personal insurance premiums
• Sterilization, legal
• Support or corrective devices (such as orthopedic shoes)
• Swimming pool, for treatment of severe emphysema,
bronchitis osteoarthritis, degenerative spinal problems
• Telephone for the deaf
• Television closed caption decoder equipment which
displays the audio part of TV programs for the deaf
• Therapy received as medical treatment
• Transplant, medical expenses of donor or
prospective donor
• Transportation expenses for essential medical care
(A0 per mile plus parking)
• Tuition at special school for the handicapped
- Vaccinations
• Vasectomy
• Visual alert system for deaf person
• Vitamins which require a prescription to be purchased
• Wheelchair
- X-rays
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Consideration of adopting formal nolicies reuardinfy emplovee and council reimbursement for meal
exnenditures, fundin2 for emplovee social events and cit -v membership in Chamber of Commerce.,
As you are aware. the State Auditor recently released an investigative report on the city spending
I --
practices in the City of Brooklyn Park relating to a number of areas, primarily concentrating on city
expenditures for meals and food under all different types of scenarios. The State Auditor also
questioned expenditures by the city for participation in the local Chamber of Commerce and
criticized expenditures for employee social events and recognition gatherings.
Navin- reviewed the report, it appears that some formal policies may be appropriate for the city to
adopt regarding some of the activities that were noted in the Brooklyn Park investigation that have
also occurred in the City of Monticello in the past. I have prepared three simple policies that I
would like the Personnel Committee to review and discuss that relate to the following:
Spending on employee social events, such as summer picnics or holiday parties.
2. Spendino for employee and council meals and/or food as part of employee meetincys.
3. Spending on Chamber of Commerce dues.
Until I reviewed the auditor's investigation of Brooklyn Park. some of the thin -s they criticized in
that report relating to employee meal reimbursements were a surprise to me, as it has been the
general policy of the city here that reimbursement for lunches or meals that employees may have
outside of city hall durino their regular business hours were (,eneral1v reimbursable expenditures. I
still believe that to be the case and try to outline what I think is a reasonable policy for the city to
have regarding employee meal reimbursements when they are required to be away from their work
place on a city function. The same can be said for council or other committee members who attend
special meeting
,s, especially before our regular Council meeting when both staff and council members
are unable to ()o home for dinner between meetings.
1-1
An interestim, memo came from the League of Minnesota Cities (copy enclosed) that discussed
some of the issues of the State Auditor's report and made a recommendations to cities on how the-\,
could adopt policies and use local discretion re0arding, some of these expenditures. The league
4=1 Z=
memo, although not legal opinion, seems to indicate that a lot of discretion is given to local policy
C—
makers on what is construed to be a public purpose expenditure and the three separate policies I
have tried to Outline I believe can be approved by the Council.
I even find it interesting that the league memo seems to say that cities can appropriate funds each
1, summer picnics Christmas parties. as it is now recognized
year for employee social events. i.e. surni icn*cs or Christi I I
that this is simply another form of compensation and it is becoming more widely accepted as being
necessary to attract and retain employees in the work environment. As you may know. in the past
27 vears. the Citv of Monticello has never paid for any employee social event gathering such as a
picnic or Christmas party. and any such events have been entirely funded by employee contributions.
While the policy I drafted is not necessarily intended to start a bio controversy_ I find it interesting
that the Council Could make a determination that by indicating that these types of events are
considered part of an employee's overall compensation package and as long as it is included in the
budget each year or specifically addressed during the budget process. it appears to be a legitimate
expenditure. For the record, I have included an extra $1.000 in the Mayor and Council's budget
document that could be used for this purpose. if the council desired and it is simply possible to note
It at Our next budget workshop as beint, available for this purpose. If the council is uncomfortable
with that. life will go on as it has In the past with social gatherings by city employees being conducted
with their own funds.
Although it seems to indicate in the State AUditor*s report that even meal reimbursements to
employees is questionable. again I think the council has the latitude to adopt the policy that outlines
under v, -hat conditions the city will reimburse an employee for meal expenses. I tried to note the
areas where I think it appears appropriate for employee reimbursements. such as attending -1
meetingOut of the city where the employee does not have the opportunity to go home to eat or bring
their own lunch to work. and also those cases where they are attending a meeting over the lunch
hour conducting business for the city. Naturally, attendance at a conference out of town Would
seem appropriate for reimbursement, if the meals are not covered already in the registration fee. As
we have done in the past, providing a quick snack before or during a special council meeting that is
scheduled before the regular meeting seems appropriate as it certainly can be construed as the
individual serving the public during a time when they are unable to go home for a meal, etc.
Another issue raised by the auditor's report concerned city participation in local chamber of
commerce. The City of Monticello has been a member of the Monticello Chamber of Commerce
for years. and annually appropriates membership dues to this organization. I am in agreement with
the leauc*s memo that says city participation in a chamber of commerce meets the intent of
Minnesota Statutes 469.191 which indicates that the city can spend money from the general revenue
fund for any incorporated development society or organization of the state for promoting
advertising. Improving. or developing and economic and agricultural resources of the city. I think- it
zIn z:1 developing
Would be easy for the council to adopt the policy that says they are contributing membership dues
annually to the local chamber of commerce because of this provision and that they feel the
expenditure is promoting the City of Monticello per this statute.
In addition to these policies attached. the department heads are working on additional policies that
tvlll clarify such issues as city employee use of city equipment or facilities and in such areas as
expendino city funds for items that may be used personally by a city employee. Our personnel
policy is very direct and states that an employee is not allowed to use city equipment for personal
gain which can be cause for termination should cover as a policy, I think it Would be beneficial to
have more specific identification of types of activities that might be considered use Of public property
and v. -hat is prohibited and what is allowed. The staff will be working on developing and identiAYing
those areas for the Personnel Committee and the City Council to consider in the future in addition to
those I have addressed here.
Attachment: Policies (3)
CITY OF MONTICELLO
POLICY FOR EXPENDITURES RELATED TO
CITY OF MONTICELLO EMPLOYEE SOCIAL EVENTS
Whereas the City Council of Monticello recognizes the importance of employee satisfaction in their jobs and
I 4n
understands that it is a reasonable employment practice to promote an environment that creates a happy and
productive workforce through promotion of comradery type social events. the Council has determined that the
use of city funds for annual employee picnics and/or Christmas gatherings serves a public purpose that benefits
the city through increased employee productivity and shall be considered an additional form of compensation
for all city employees and considered part of the overall city employee benefit package.
The City Council shall consider annually an allocation of funds for such gatherings as part of the city budget
process.
CITY OF MONTICELLO
REIMBURSEMENT POLICY
FOR EMPLOYEE MEALS AND EXP T
The City of Monticello recognizes that occasions may exist where an employee may incur expenditures for
meals that are necessary in the performance of their job duties. There is a need to identify when such meals
are in the opinion of the City Council. legitimate expenditures related to a public purpose and can be seen as a
natural incident of a municipal function.
The following guidelines establish under what conditions an employee. committee member or council member
z:-
will be eligible for meal reimbursements.
1. Employees, committee members or Council members attending a conference, training session
or other seminar requiring the individual to be away from his/her normal work location during
the meal time. This includes overnight stays of one day or more as part of the seminar.
Employees. committee members or council members
I attending an employer sponsored
meeting of which the primary purpose is to discuss planning or operations of the City that
extends through a meal time.
Z�
3. Council members. staff members and/or committee inerribers who are required to attend a
special meeting that is scheduled after a normal work day (4:30 p.m. or later) that extends
beyond the normal dimer hour arid/or is scheduled after 4:30 p.rn. and before the regular
scheduled meeting time Of the City Council is considered to be a public purpose expenditure
for meal reimbursements.
4. Employee, council. or committee member meetings scheduled prior to a 8 a.m. for the
purpose of planning, or discussing city operations, including economic de\'elopment activities
are considered by the Council to be eligible for city reimbursement of expend itures'for coffee,
muffins, rolls. juices normally associated with the term continental food.
Employee attended meetings to meet federal or state required mandates. Such as 0SHA safety meetings or
training sessions on employee safety issues, includinghazardous material identification s, council sub-
committees
ineeting
committees such as Personnel Committee meetings. or other required meetings set by the Council would be
considered eligible for the incidental reimbursement of food or refreshment items and are considered to be
In
integral to the operations of the city and are considered a integral Pail of city -governmerit operations meeting
the public purpose definition for expenditures.
CITY OF MONTICELLO
POLICY RELATING TO CITY MEMBERSHIP IN
MONTICELLO CHAMBER OF Off.MMERCE
As the City Council is allowed to appropriate funds annually for any incorporated development society or
organization for promoting. advertising. improving or developing the economic and agricultural resources of
tr - -- zr
the city. the City Council hereby determines that membership in the Monticello Chamber of Commerce by
contribution of dues is consistent with this state authority for promoting and advertising the city as stated in
Minnesota Statutes 469.191.
The City Council will consider allocation of funds from the general revenue funds of the city as part of the
annual budget process.
145 University Avenue West, St. Paul, MN 55103-2044
LMC Phone: (651) 281-1200 0 (800) 925-1122
TDD (651) 281-1290
League ofMinnesota Cities IJMC Fax: (651) 281-1299 - LIMCIT Fax: (651) 281-1298
Cities promoting excehance
--- I Web Site: http-//www.Imnc.org
August 1, 2002
TO: City Managers, Administrators, and Clerks
FROM: Tom Grundboefer, LMC General Counsel
RE: Issues arising out of July 17, 2002 State Auditor Investigative Report
to the City of Brooklyn Park
The Office of the State Auditor (OSA) recently issued a report "questioning" various
spending practices of the City of Brooklyn Park. Since the report was issued, the League
has had a number of calls from city officials asking our reaction to some of the issues
discussed in the report. It is our sense that some of the practices addressed by the OSA
may be common in other cities. Accordingly, we thought it might be helpful for the
League to put in writing some of our thoughts regarding certain issued addressed by the
OSA.
At the outset, we want to make clear that this memo does not deal with all of the matters
raised by the OSA, nor should it be taken as an encouragement or a recommendation by
the League to disregard the observations made by the OSA. As always, decisions about
city spending policies and practices are largely a matter of local concern and ought to be
thoughtfully discussed and analyzed at the city council level. In addition, because many
of the issues fall into what might be considered the "gray area," we encourage you to
consult with your city attorney about this topic.
As an initial matter, it may be useful to make a comment on the legal effect of the
auditor's opinion on Brooklyn Park and other cities. Under Minn. Stat. § § 6.49 and 6.50,
the OSA has the responsibility to supervise the financial accounts of Minnesota cities and
to conduct an examination of city accounts and records as the "State Auditor may deem
the public interest to demand." Pursuant to these powers, the OSA investigated
complaints about Brooklyn Park's expenditure practices, and issued a report finding that
a number of the city's expenditures were "questionable." As it stands, the report is an
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Public purpose
The Minnesota Supreme Court has emphasized that public purpose is an evolving concept
that should be interpreted liberally to effectively deal with the wide-ranging changes
transforming society. The court has also stated "We have also recognized that public
purpose should be broadly construed to comport with the changing conditions of modem
life." R.E. Short Co. v. Citv of Minneapolis. 269 N.W.2d at 337 (citing City of Pipestone
v. Madsen, 287 Minn. 155, 210 N.W.2d 298 (1973)). It is significant that the court has
accorded great deference to a local governing body's determination that an expenditure is
for a public purpose. The Court has said that a strong presumption exists that public
officials are acting appropriately when making spending decisions. In fact, the Court has
made clear that "this presumption necessarily makes the scope of review of such
governmental decision-making extremely narrow and a reviewing court should overrule a
legislative determination that a particular expenditure is made for a public purpose only if
that determination is manifestly arbitrary and capricious." Accordingly, as discussed
above, the question of what constitutes a public purpose is largely a matter of city council
discretion.
City authority
With regard to the "authority test," a Minnesota municipal corporation has only such
powers as are expressly conferred upon it by statute or its charter, or necessarily implied
there from. In looking at the question of city authority, a distinction exists between
charter cities and statutory cities. Many home rule charter cities have an "all powers"
provision, which reads something like "A city shall have all powers which may now or
hereafter be possible for a municipal corporation in this state to exercise in harmony with
the constitution of this state and of the United States." This broad grant of power under
city charters has been interpreted as including "all those powers which are generally
recognized as powers which may properly be given to and be exercised by, municipal
corporations." State ex rel Zien v. Citv of Duluth. 134 Minn. 355, 159 N.W. 792 (1916).
In construing municipal charter authority, the Minnesota Supreme Court in City of St.
Paul v. Whidbv. 295 Minn. 129, 136 203 N.W.2d 823, 827 (1972) (citing Park v. City of
Duluth 134 Minn. 296, 298, 159 N.W. 627, 628 (1916)), enunciated the parameters of
such authority:
"Municipal corporations are created by state law ... their legislative authority is
conferred upon them by the constitution and the laws of the state and, as to matters
of municipal concern, they have all the legislative power possessed by the
Legislature of the state, save as such power is expressly or implicitly withheld
Accordingly, for a charter city with an "all powers" clause, the scope of municipal
authority is probably greater than that allowed for statutory cities.
With regard to statutory cities, municipal authority has to be found in the statutes or be
necessarily implied from that statutory authority. The question of what constitutes a valid
3
purpose and recommended that the city discontinue expending public funds for
employees' social events. The OSA's report relied on an Attorney General's opinion
from 1966, finding that "Any public benefit that might result from the proposed social
event is too remote and speculative to justify this expenditure as being one for a public
purpose."
With regard to both the Auditor and Attorney General's view, we offer a couple of
observations. First, as discussed above, the question of whether a public purpose is
served by expenditure of this nature, is largely a matter properly left to the discretion of
individual city councils. As discussed at the beginning of this memo, the concept of
public purpose is an evolving concept that can change over time. Perhaps in 1966 the
idea of expending city resources on events designed to promote a happy and productive
work force, was not seen as a reasonable employment practice. However, in today's
work environment, most human resource professionals would agree that employee job
satisfaction, and ultimately productivity, depends on more than just the salary an
employee receives from their employer. All employee benefits are basically a form of
employee compensation that, like all other forms, are designed to attract, retain and
motivate employees. In the past, employee benefits meant group health, life and
disability insurance. In recent years, most private and public sector organizations have
expanded their compensation and benefit programs to include things such as: service and
achievement awards; "camaraderie -type" events like annual banquets, employee picnics
and holiday parties; on-site daycare or daycare referral services; flex -time and work/life
policies; payroll -deducted car and homeowner's insurance; medical and daycare expense
accounts; and assistance with carpooling, transportation or parking.
One reason for this expansion of benefit programs is that today's workforce is diverse and
offering a wide range of benefits allows employees to choose the ones that are most
important for them. For example, employees in families where both parents work
sometimes prefer time off above other benefits. A single parent, however, may require
family health insurance. Younger employees may value events where they can socialize
with other employees.
Another reason for expansion of employee benefits is the fact that studies continue to
show that nearly all employees rank "recognition" as a key factor in a good work
environment. Since "recognition" means different things for different people, employers
who want to meet diverse needs offer a variety of formal and informal recognition
programs. Researchers in intergenerational issues advise employers that each generation
of employees value different types of recognition programs and no single effort will be
valued by all of the generations present in the workforce.
Finally, in addition to the important goals of employee satisfaction and retention, many
employers recognize the value of benefits that promote positive social interaction among
employees. Employees who interact together develop a "synergy" which often allows for
better ideas, better cooperation, and higher productivity. On the opposite end of the
continuum, a dysfunctional workforce with high interpersonal conflict may experience
The Attorney General's Opinion goes on to say that the "inquiry should focus on the
questions of whether the primary purpose of the luncheon was in fact to discuss planning
and operations of the new branch library, and whether that discussion is properly
incidental to the Library Board's chartered function." The Opinion states, "Our courts
are disposed to defer decision on these questions unless the facts show a serious abuse of
discretion."
"it rests within the discretion of the city council, in the exercise of its sound and
honest judgment, to determine whether or not the above $10.00 item was incurred
for a public purpose. . . "
Moreover, in another opinion from 1958, regarding the reimbursement of expenses in
attending a convention, the Attorney General stated:
"Matters of this kind involve questions of fact and of policy. Our courts have
indicated it is wisest to leave such matters to the reasonable discretion of those
who represent the interest of the city, i.e., its governing body."
Accordingly, as with many of the other issues addressed by the OSA, the question of the
validity of business luncheon expenses incurred by city officials is one for the city
council to evaluate, looking at whether the expense furthers a public purpose and whether
it can logically be seen as a natural incident of a municipal function. In this regard, we
would urge cities to set policies and establish guidelines describing under what
circumstance the city will reimburse for employee lunches.
Relying on a 1997 Attorney General letter Opinion to the City of Staples, the OSA
questioned the legality of paying dues to the local Chamber of Commerce. The Attorney
General's Opinion, upon which the OSA relies, offers a very narrow interpretation of
three statutes that arguably support authority to pay chamber dues.
In particular, Minn. Stat. § 469.187 - § 469.189 gives various categories of cities, the
authority to expend city funds to advertise the "resources and advantages" of the
community. While there is no explicit statutory authority to pay dues to a Chamber of
Commerce, it can be argued that the purpose of a Chamber of Commerce is to promote
the city's resources and advantages. In effect, the membership in the Chamber of
Commerce could be viewed as a contract between the city and the chamber to promote
the city. To buttress this argument, at the time of approving chamber membership, the
city council may want to make explicit findings about what it intends to receive from its
chamber membership and why participation in the chamber promotes an important city
Consideration of establishing a acre -tax flexible sr)endin(j account
About a year ago, I brought to the Personnel Committee the idea of the City creating a pre-tax flexible
oy
spending account for employees to use to cover UnreimbUrsed medical expenses and/or child care
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expenditures on a pre-tax basis. A number of city employees have been inquiring as to whether the Citv
Could set up this program and the Personnel Committee last year had wanted me to try to (yet more
information on the number of employees that Would be participating before a decision was made.
Again the interest from some employees is very high so I recently sent another memo to all city employees
asking for their input on whether they would be interested in participating in a flexible spending account if one
was established. The basic advantage for employees is that they would be able to set aside each year a
certain amount of money from their earnings that could be used to pay for uninsured medical costs such as
eyeglasses, eye exams. medical bill deductibles, prescriptions and other related medical costs. In effect. they
would be paying for these costs with pre-tax dollars. The advantage to the City in establishing this type of a
program is that the City NA -01.11d not have to pay the social security cost on any wages that are set aside by the
employees which is currently 7.65%. There is a cost to the City to have someone administer this program
and set up the legal documents to meet the IRS regulations, and that varies depending on wlio we would
utilize for this service.
I have prepared a summary of the cost to the City to set up this program from three different vendors and I
have also compared the annual cost after the first year. For the City to completely offset the annual
administrative fees of the program, including the set up costs for the first year, total salaries set aside would
have to be approximately $14.000 or more the first year, but could be as lo�v as $7.000 or $8.000 thereafter.
At this point time, there were 13 responses to my inquiry of the employees and six individuals estimated they
would set aside a total of about $5,000. 1 really think that once the program is established and everybody
understands the benefits, more people will participate and more salary will be set aside, but at $5.000, there
Would still be some cost to the City for this benefit. althOW-111 fairly minimal. For example. under the program
administered by Flex System, an independent company that services these cafeteria plans, the first year
charge to set LIP the program and enroll up to 15 employees Would be $1,000. Thereafter. if there were ere 15
employees or less participating, the total annual cost to the City would be about $600. This Would require
approximately $7,800 to be set aside by all employees to have this benefit be no cost to the Citv. As I
noted. I believe if a plan was established, the ongoing cost to the City of providing this benefit for those who
wish to participate should be minimal or no cost. When looking at the overall cost of fringe benefits for all
employees. a few hundred dollars per year is a small cost that could be very beneficial for employee retention
and recruitment in the future.
Attachment: Memo to Employee
Pro -rain Administration Costs
Consideration of expanding- Citv Hall operation hours and develoDine a flexible work schedule
for emplovees.
For a number of months now. city staff has been toying with how we can expand office hours at city hall
and also provide an opportunity for offering a flexible work schedule for employees. Recognizing that
many citizens Who use city hall services may not be able to get into city hall between the hours of 8 a.m.
and 4:30 p.m. Monday through Friday. there appears to be a lot of merit in the idea of expanding the daily
hours city hall is open, and at the same time develop a program that would allow employees some
flexibility in their work week. which Could result in longer daily work schedules but allowing city hall to
close all or a portion of Fridays.
With flexible schedules being used more and more by all employers as a means to attract and retain
employees, some ideas on a flexible schedule have been prepared by Dawn that could be used under
either option of city hall being open Monday through Thursday or Tuesday through Friday or city hall being
open 4 '/ days per week. Please review the memo dated July 16, 2002 that Dawn had prepared for me
that outlines some of the pros and cons to a flexible schedule for both the employees and city hall
operations.
As a reference, I believe city hall is open 4 V2 days a week in St. Michael and the City of Otsego city hall
is open Monday through Thursday. with Fridays closed. Although a proposal to close at noon on Fridays
Would seem to be simply a benefit for employees, the fact that hours would be expanded the other days
both earlier in the morning and later in the evening should outweigh the inconvenience citizens may have
with city hall being closed on a Friday afternoon. I believe once the word got out to the public that we
were closed Friday afternoon, most people would adjust their schedules accordingly to conduct business
at city hall within the expanded hours that Would be available.
I am bi-irIoing this idea LIP to the Personnel Committee to (let your reaction to both the development of a
flexible schedule idea for city hall employees and also to consider the idea of expanding hours Monday
throuoh Thursday but with the idea of closing earlier on Fridays. Althou(yh development of a flexible
schedule prograrn Would not have to include a change in city hall hours of operation. I think both can be
accomplished very easily Linder one program. Something to think about would be the idea of truing it on a
trial basis say for six months to see how it works and what type of reaction or comments we would get
from the public. If it didn't appear to be a workable program, either of the options could be reconsidered
by the Council in the future. Flopeftilly the Personnel Committee agrees that instituting such a program
would not only benefit employees. by providing a morale booster but also can be seen as a benefit to the
public with expanded city hall hours.
Attachment: Memo of July 16. 2002
TO: Rick Wolfsteller, City Administrator
FROM: Dawn Grossin(rer, Deputy City Clerk
DATE: July 16, 2002
RE: Flexible Work Schedules
At various times the subject of changing the work schedule has been bandied about. There are a number of
positive aspects to consider with flexible work schedules which include: 1) Extended service hours for the
public Without added labor costs and 2) Flexibility for employees and better employee morale.
Since a -ood portion of the city residents C0111111LIte to the metropolitan area. they are generally not able to
conduct their business with the city during the hours city hall is open unless they take time offof �,�ork to do
so. By extending the hours from say 7 a.m. to in., there is a greater
Z:� P_ I opportunity for residents to stop
by city hall either before or on their way ]ionic from work. With staff working different hours, city hall can
be open more hours VN ithOUt increasim, labor costs. This also allows some flexibility for employees. Those
ainom, the staff who are morning people would most likely opt to take the early shift (7 a.m. to
:30 p.m. or
7:30 a.m. to 4:00 p.m) while those among the staff who don't start functioning until later in the morning-, could
select the later shift (8:30 a.m. to 5 p.m. or 9:00 a.m. to 5:30 p.m.)
One option Would be to staff the office from 7 a.m. to 5:30 p.m. Monday through Thursday and on Friday
from 7-12. The offices wOUILI be closed on Friday afternoon. Another option is to have the staff,working
four 10 hour days, either Monday -Thursday or Tuesday -Friday. A schedule is attached showin(, both
options.
With any proposal there are always the negatives. These include:
I The employees who because of children or whatever that even now have to leave early for a hundred
different reasons v,7111 have a hard time under either option proposed. If they leave early from their
shift, it will mean the staff will be spread fairly thin. It will be imperative that they have someone to
back LIP for them if the-,, do have to leave early. It will also require a little extra planning as far as
scheduling vacation.
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2) Department heads - Since the schedules of the department heads are much more erratic, they have
not been included in the work schedule,
Agendas - Under either option. there would have to be some changes on the timin(, for getting the
t� getting
Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 ® (763) 295-2711 ® Fax: (763) 295-4404
Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 ® (763) 295-3 t70 - Fax: (763) 271-3272
agenda Out. If City offices were closed at noon on Friday, the agenda should be delivered on
Thursday. If the staff is going on four 10 hour days, the clerk would have to be there on Friday to
oet the agenda out and on Monday for the meeting. Again if the agenda was done on Thursday, then
Z:�
Friday could be the off day. Another alternative if you didn't want to change the agenda day from
Friday is that the clerk would work Friday -Monday on agenda week and take Friday -Monday off on
non -agenda weeks.
4) Building Inspector - There might be some concerns about closing city hall on Friday at noon and
�1_ z:1 11.� I
builders not being able to schedule inspections for the afternoon. Likewise, if Gary worked four ten
hour days, that Would mean Fred would have to do the inspections one day.
5) Accountability - As is the case now, if the supervisors come in after the start of the work day, they
have no way of knowin,, which employees were at work at the designated times and which weren't.
Likewise if the supervisor leaves before the end of the day, they don't know who puts in a full day. It
is quite likely that those who abuse the current work hours, will continue to do so regardless of what
schedule is put in place. It would seem unfair not to try a system just because there are those who are
misusing the existing system.
A,-ain, since the department heads are not changing their work schedules, they mi,ht be more amenable to
this change. In addition it is likely that most residents who will Z:)
Z:) be takinc, advantage of the extended hours are
those people who will be paying utility bills, applying for building permits or getting dog licenses, activities
applying z:1 z:1
which the clerical staff normally handles. I also believe that if the employees have some say in establishing the
hours they work, they will make an effort to schedule personal appointments, etc. on Friday afternoon, or on
the off day if the City would go to a four day work week.
At this time there has been no discussions with employees as far as work hours other than of a general nature.
However, in these general discussions, there seems to be support for the concept of flexible scheduling.
a)
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F-
COMPARISON
PRE-TAX FLEXIBLE SPENDING ACCOUNTS
COMPARISON IF ONLY
OVEJAZIMAkids� 111111 11
Insurance Company
CPA
Flex
Insurance Company
CPA
Flex
AFLAC
Gruys Borden
System
AFLAC
Gruys Borden
System
First year setup costs/fees $200.00
$250
$500
$200
$250
$400
(Estimate 20 Employees Participating) No Charge
$100
No Charge
No Charge
$75
No Charge
Monthly Admin. Fees (Annual Cost) $1,440.00
$900
$1,080
$1,080
($5 per employee)
$900
($6 ea. X 20 x 12 mo)
($75/mo. Min. x 12)
($4.50ea x 20x12 mo)
($6 ea x 15 x12 mo)
($2.50 ea or $75 mo. min)
$600
Legal Document Preparation No Charge
$300
No Charge
No Charge
$300
No Charge
(By City Attorney)
(By City Attorney)
Form 5500 IRS Filing No Charge
$150
No Charge
No Charge
$150
No Charge
TOTAL ESTIMATED IST YEAR COST TO CITY $1,640
$1,700
$1,580
$1,280
$1,675
$1,000
FOR PROGRAM WITH (20) EMPLOYEES
PARTICIPATING
-------------------------------------------------------------------------------------------
ESTIMATE OF ANNUAL COSTS TO CITY
ANNUAL
COST FOR (15) EMPLOYEES
AFTER 1ST YEAR (20 EMPLOYEES)
AFTER 1ST YEAR
Administrative Fees $1,440
$900
$1,080
$1,080
$900
$600_
5500 IRS Form Filing $0
$150
-0-
-0-
-0
TOTAL $1,440
$1,050
$1 080
$1,080
$900
$600
----------------------------------------
ESTIMATED TAX SAVINGS FOR CITY ANNUALLY
If 20 employees each set aside $400 annually for pre-tax medical reimbursement, the City would save
20 x $400 = $8,000
x7.65% (Soc. Sec. Rate)
$612
To completely offset the annual administrative fees of the program, employees would have to set aside
approximately $14.000. While it is uncertain how much would be set aside initially, child care
expenses are also eligible for pre-tax reimbursement and this may help the City reach the
"Break even" point much easier.
Regardless, Pre -Tax Spending Accounts is a benefit that could be added for all permanent
employees that would be relatively inexpensive for the City.
DAWN/EXCE UF LEXS PENDING 911 612 00 2
------------------------ ----------
ESTIMATED TAX SAVINGS FOR CITY ANNUALLY
If (15) employee each set aside $400 annually, city saves payroll taxes of:
15 x $400 = $6,000
x7.65% (Social Security Rate)
$459
_ Monti
P.I.D.u
Pa,u�[���r
Front -Footage
993
155-VTb-'b3lD8D''
VV���l���-----
150
1038
155-010-031040
Walnut Plaze!
70
1155
155-010-018010
Sunny Fresh Foods. Inc.— '
08_
1110
155-010-010880
Sunny Fresh Foods, Inc.
587
1080
155-010-018080
'Sunny Fresh Foods, Inc.
238
1054
155-010-019000
8unnyFresh Foods, Inc,
832
1056
155-010-031041
Jones, Alvin r&Shirley A'
_
110
1232
$1' 27O�e0
CuynfMontioe|lo-CmnmunhyCenuar
| 390
1282
155-0/0-007060
Bvege.B|iseALiv Trust
` 1O5
1290
155-01U-00010O/Menlue�*Bank
Monticello
_
i OO
_
155-010-006060)Manquette
Bank, Monticello
16�
..
155-010-005090
Komarek, John E.
0
1357
155-010-000040
The Walnut Seven
165
$31.270.51
$4,235.00
Silver CreokD*v (Towne Centre)
! $7.00
$1.108.20 | �
City vfMonticello General Fund
! $7.08
,HRA
-
|
2820
Sidewalk Project
Monticello, MN
WSB Project No. 1315-002
Sidewo|kAsse7s-sment
I~--r~�-����
O;vorBhck
- -
� Assessment Rate
Assessment | AsseunmemoAosessmentRate
I
»/.o»
y495.60
$1�2
$7O8
$467.28
| $1307
%3.52890
$1,2$7.08
$2,810.76 |
! $1107
$1�44O/W'
$1' 27O�e0
$$2,5*7�08
i �
$1'885O4 �
|
/ $TUO |
$5.890.58
' $7.08
$77880 i |
/ $7.08
$2.80358
$13.07
$31.270.51
$4,235.00
! $7.00
$1.108.20 | �
! $7.08
$48728
|
� $7.08
$1,168.20
$13.07
$17,448.45
$2,5
! $7.00
$0.08
$1107
$10,28009�
82�
/ $7.08
$1.160.20
$6,485.60 $13.07
��727.57
- �0989O0 $20,582.40
' ~ ./ »
$93,148J7 $20.582.40 $110,402.29
NOTE: SUNNY FRESH HAS AGREED TDPAY FOR THE SIDEWALK ASSESSMENT FOR PARCELS No. 875,883.837970968,S79&S92
THE TOTAL ADDITIONAL FOOTAGE T0SUNNY FRESH 080OLF.@$7.O8=$4.072.8OAND HAS BEEN ADDDEDTOPARCEL 156-01O-01sO0O
Council Agciida - 10/28/02
51C_. Consideration of authoi-izina eminent domain Droccedings for acquiring vermanent riallit of
way as..tart of CSAH 75 Proiect. (RW)
As part of the CSAH 75 improvements.
1provements. a traffic control signal system Evill be installed at Elm Street
(CSA14 19) and West Broadway (CSA1l75). The design also called for a dedicated right turn
lane from CSAH 75 onto Elm Street that will require an increased curb radius that will take tip more
of the right of way at this intersection. The result is that the location of the traffic control signal will
be in the location where the sidewalk currently exists and that if we are to continue Nvith the sidewalk
connecting frorn Elm Street to Broadway, additional right of way will be needed from the property
owner, James Fuller. The total square footage will amount to 50 square feet.
Z:)
Wright County Highway Department personnel along with city staff have met oi- discussed acquiring
this additional casement from Mr. Fidler nine or ten tunes since July 11 ". The County has been
unable to acquire the permanent right of way to relocate the sidewalk and since it is the City's
responsibility to acquire any additional right of way needed for this project in accordance with our
cooperative agreement, the Council is now being asked to begin condemnation process to allow its
to complete acquisition by next spring. Once the process is started, the City will continue
discussions with Mr. Fuller in an attempt to arrive at a negotiated settlement, but should negotiations
fall, condemnation will be our only recourse if we want to continue with this sidewalk connection.
B. ALTERNATIVE ACTIONS:
Authorize city attorney to begin process of eminent domain for acquisition of 50 square feet
of permanent right of way for the CSAIJ 75 project at the southwest corner of West
Broadway and Flin Street.
? Do not authorize condemnation at this time.
C. STAFF RECOMMENDATION:
County and city personnel have spent numerous hours attempting to arrive at negotiated settlement
with the property owner to acquire the 50 square foot triangular easement. With the south half of
CSAH 75 project now being delayed until next spring, there is sufficient time for the City to acquire
this casement through the condemnation process which may be Our only recourse at this time.
Although staff hopes that a negotiated settlement can be reached with the property owner, we are
recommending that the condemnation process be authorized at this time.
Z=
D. SUPPORTING DATA:
Wright County letter
FAX: (763) 682-7313
October 18, 2002
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite No. 1
Monticello, MN 55362-9245
Re: CSAH 75 Improvements, SAP 86-675-14
City of Monticello
Dear Rick:
Enclosed please find a summary of our department's efforts in acquiring permanent right-of-
way at the SW corner of the intersection of West Broadway Street and Elm Street from Mr.
James Fuller, for the benefit of the City's concrete pathway.
It is our opinion that the acquisition process is at an impasse and are forwarding to you this
summary, along with a description of the easement needed, for the City to acquire the needed
right-of-way. The City is responsible to acquire additional right of way needed for the
project, in accordance with Article 2 of cooperative agreement 02-01.
It is anticipated that the curb radius work at CSAR 75 and Elm Street will be completed next
spring and the new easement is needed for the City's concrete pathway to be relocated and
remain in the CSAR 75 right of way. Please call me or Wayne Fingalson if you have any
questions or require further information.
Sincerely,
Virgil G. Hawkins, P.E.
Assistant County Engineer
enclosures
cc: Wayne Fingalson, County Engineer
John Simola, Monticello Public Works (w/enclosure)
Bret Weiss, WSB, lnc.(wilenclosure)
Project File (w/enclosure)
F:\data\HWYN4O-PROJECTS\7514NWord Perfect\Cover letter for city fuller rw issue .wpd
Equal Opportunity / Affirmative Action Employer
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
WAYNE A. FINGALSON, P.E.
Highway Engineer
(763) 682-7388
M
Wright County Public Works Building
VIRGIL G. HAWKINS, P.E.
1901 Highway 25 North
Assistant Highway Engineer
Buffalo, Minnesota 55313
(763) 682-7387
78515
Jet. TH. 25 and C.R. 138
RICHARD E. MARQUETTE
Telephone: (763) 682-7383
Right of Way Agent
(763) 682-7386
FAX: (763) 682-7313
October 18, 2002
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite No. 1
Monticello, MN 55362-9245
Re: CSAH 75 Improvements, SAP 86-675-14
City of Monticello
Dear Rick:
Enclosed please find a summary of our department's efforts in acquiring permanent right-of-
way at the SW corner of the intersection of West Broadway Street and Elm Street from Mr.
James Fuller, for the benefit of the City's concrete pathway.
It is our opinion that the acquisition process is at an impasse and are forwarding to you this
summary, along with a description of the easement needed, for the City to acquire the needed
right-of-way. The City is responsible to acquire additional right of way needed for the
project, in accordance with Article 2 of cooperative agreement 02-01.
It is anticipated that the curb radius work at CSAR 75 and Elm Street will be completed next
spring and the new easement is needed for the City's concrete pathway to be relocated and
remain in the CSAR 75 right of way. Please call me or Wayne Fingalson if you have any
questions or require further information.
Sincerely,
Virgil G. Hawkins, P.E.
Assistant County Engineer
enclosures
cc: Wayne Fingalson, County Engineer
John Simola, Monticello Public Works (w/enclosure)
Bret Weiss, WSB, lnc.(wilenclosure)
Project File (w/enclosure)
F:\data\HWYN4O-PROJECTS\7514NWord Perfect\Cover letter for city fuller rw issue .wpd
Equal Opportunity / Affirmative Action Employer
Citv Council Aoenda - 10/28/02
5F. Consideration to approve changing the Conti -act for Private Develonment by and
among the City. the HRA, and the Central Minnesota Single Fancily Housin . g, LLC.
(O.K.)
A. Reference and background:
As you recall, this is the TIF Contract for the redevelopment and workforce housing
project located on Minnesota Street between 5"' and 6"' Street.
The Council is requested to approved changing the Contract for Private Development.
The original contact states that -the land acquisition costs ($158,000) will be paid by the
Authority to the Developer within 30 0 days of the date on which the Developer provides
the Authority with a payment request certificate signed by its duly authorized
representative stating: (i) that the Developer has paid Land Acquisition Costs in at least
the amount of $158.000; (ii) that no Event of Default has occurred and is continuing
under this Agreement; and (iii) that the Developer has received a Certificate of
Completion for at least I I houses on the Development Property ..............
The request is to change the single payment of the $158.000 LIP -front TIF financing to
three payments or (iii) to read: f7 -,V1 PC11)7nent ol'S53,0001)cticl zij)on the cleveloj)er htwh?g
7-6'Ceil,ecl ct CC7-17fiMle 01'Cony3letionfor tit least 3 houses, seC070pu) -ine171 (1f52,500
1.2aid upon the develol)er having 7-eceived a Cerlficwe ofC(Impletionfir ca least un
additionul 4 houses (total (?f'7), rind third cindfinal 1)(tvineW ol'S.52.500 1)aicl zij)oI7 the
developer hcti,ing received a CCYI�ficule qfCon7j)1e1ion.fi)7' at least un udclitional 4 houses
(101cil qf] I). All I I homes shall to completed by December 31, 200' ). per the Contract.
At a breakfast meeting this morning, Sunny Fresh Foods and Cargill presented the
Central Minnesota Single Family Housing LLC with a check for $60,000. The HRA will
be requested to approve changing the contract at their regular meeting of November 6,
2002
A motion to approve changing the Contract for Private Development by and
C�
among the City, the HRA_ and the Central Minnesota Single Family Housing,
LLC. as stated above.
2. A motion to deny approval to change the Contract for Private Development by
and among
,, the City. the HRA, and the Central Minnesota Single Family Housing
LLC, as stated above.
City COL11161 Agenda - 10/28/02
Z:!
Consideration of adontine resolution authorizinLy submittal of a Contamination
Investivation and Remediation Action Plan (RAP) Development Aonlication.
REFERENCE AND BACKGROUND
City Council is asked to consider submitting a request for State of Minnesota grant funds
necessary to pay for 75% of the cost to study the Ruff Auto site. The study will provide
information necessary to define the scope of clean-up and would become the basis for a
remediation action plan and pave the way for a future grant application which would fund
a portion of the actual clean-up. At this time however, the application is for assistance in
funding the study only.
According to the grant program, the total amount for the study/project shall not exceed
$50,000. The local share is set at 25% ($12,500). Randy Ruff will fund the cost to
prepare the application ($1.500) and he also has indicated that he will provide the funds
necessary to cover the local share in the event the grant is awarded. Therefore. there is
no cost to the City to submit this application. The information is truly necessary for
redevelopment to occur.
ALTERNATIVE ACTIONS
Motion to adopt resolution supporting submittal of said resolution contingent on
the property owner providing funds or guarantees necessary to fund the local
share.
? Motion to deny adopting resolution.
STAFF RECOMMENDATION
The City Administrator recommends alternative 1.
SUPPORTING DATA
None
Council Agenda - 10/28/02
7. Public Hcarin2 - Consideration of a resolution adoWinu vroi)osed assessment roll for 7"'
Street East, Project No. 2001-07C. (RW)
A. REFERENCE AND BACKGROUND:
An assessment roll for the 7"' Street East Reconstruction project has been prepared by IAISB &
Associates that proposes an assessment of approximately $357,000 to abutting property owners
between Highway 25 and Washington Street. Total project costs will be $525,717.
The assessment roll for this protect has been prepared under the assumption that 100` o of the rteNA,
improvements. Such as curb and gutter, storm sewer improvements in the widening ol'7"' Street
Would be 100% assessed to the benefitting property owners and that only 20% of the bituminous
reconStl'LlCtiOrl would be assessed. The balance oftlie project would be proposed to be picked up
through ad valorem taxes by the City.
City I"naineer, Bret Weiss. will be reviewing the project costs and assessment methods with the
Council Monday night. If the amount of assessments for any particular property are increased
because of a formula change or Council action, the property owners Would have to be re -notified of
new liearin-Z--
date wtucli would delay adoption of an assessment roll for those properties until the
secoiidniectiii(�'iiNovei)il)er. lfan assessment is altered but not increased over wliat NN as originally
used in the notification to each property owner, the Council can still adopt the assessment roll
Monday night.
B. ALTERNATIVE ACTIONS:
Council can adopt an assessment roll for the 7"' Street project as recommended by the City
Engineer.
2. Council could adopt an assessment roll after making adjustments the Council feels is
Nvarranted to al I or some of the assessments.
C. STAFF RECOMMENDATION:
It is recorni-nended that the assessment roll for the 7"' Street Project be adopted so that certification
can be completed yet this fall for collection on taxes payable in 2003. Ifadjustments 'L0the
assessments are necessary. the public hearing can be continued until the second meeting in
November, still allowing the City to certify for collection next year.
D. SUPPORTING DATA:
Copy of Resolution Adopting Assessment Roll
Assessment Roll
RESOLUTION 2002-67
RESOLUTION ADOPTING ASSESSMENT
7"' STREET EAST IMPROVEMENTS PROJECT NO. 200t -07C
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and
passed upon all objections to the proposed assessment for the improvement of 7"' Street East between
Washington Street and Cedar Street by street reconstruction, installation of curb and outtcr, sidewalk
improvements and other necessary appurtenant work,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO
MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part hereof. is hereby
accepted and shall Constitute the special assessment against the lands named therein, and each tract
of therein included is hereby found to be benefitted by the proposed improvement in the amount
of the assessment levied against it.
1 Such assessment shall be payable in equal annual installments extending, over a period of ten years,
theefirst of the installments to be payable on or before the -first Monday in January, 2003 and shall
bear interest at the rate of 5.5% percent per annum from the date of the adoption of this assessment
resolution. To the First installment shall be added interest on the entire assessment from the date of
this resolution until December 31. 2003. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessnient to
the county auditor, pay the whole of the assessment on Such property, with interest accrued to the
date of payment. to the City Treasurer. except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution, and lie may. at any time
thereafter, pay to the City Treasurer the entire amount of the assessment remaining Unpaid, with
interest accrued to December 3) 1 of the year in which such payment is made. Such payment must
be made before November 15 or interest will be charoed through December 'I of the next
succeeding year,
4The clerk shall -forthwith transmit a certified duplicate of this assessment to the county auditor
to be extended on the property tax lists of the county. Such assessments shall be collected and
paid over in the same manner as other municipal taxes.
Adopted by the Monticello City Council this 28' day of October, 2002.
ATTEST:
Roger Belsaas, _N/layor
Rick Wolt'steller., City Administrator
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Council Agenda - 10/218/02
8. Public Hearin(—Y - Consideration of a resolution adopthw proy)osed assessment roll for
Walnut Street Corridor Improvement. Proiect No. 2000-17. (RW)
A. REFERENCE AND BACKGROUND:
WS13 & Associates has prepared an assessment roll for the NVaInut Street Corridor Improvement
Project that included the installation of sidewalk along Walnut Street and 4"' Street, a pathway
ZD
adJacent to the railroad tracks between Walnut and Linn Street, brick pavers and decorative street
lit"ol-iting at a cost of $520.468. The proposed assessments for this project total $275,022.08, with
the balance of the improvement to be paid by the City through ad valorem taxes.
Bret Weiss or Mike Nielsen of WSB will be reviewing the assessment roll procedures with the
Council Monday night.
B. ALTERNATtVE ACTIONS:
After closing the public hearing, Council could adopt the assessment roll as outlined by the
City Engineer.
2. Council could adopt an amended assessment roll.
C. STAFF RECOMMENDATION:
It is recommended that an assessment roll be adopted as prepared by the City Engineer for
certification on taxes payable 2003.
D. SUPPORTING DATA:
Copy of resolution adopting assessment roll.
t�
Breakdown of the assessments.
RE,SOLUTION 2002-68
RESOLUTION ADOPTING ASSESSMENT
WALNUT STREET CORRIDOR
IMPROVEMENTS PRO.IECTNO. 2000470
WHEREAS, pursuant to proper notice doily given as required by law. the Council has net and heard and
passed upon all objections to the proposed assessment for the improvement of nine block area bounded
on the north by 4"' Street on the south by 7"' Street, on the east by til 25 and on the west by NN'alnut Street
by the installation of concrete sidewalks, bituminous pathway, street lioliting, boulevard improvernents and
other appurtenant work
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein. and each tract
of" land therein included is hereby found to be benefitted by the proposed improvement in the amount
of the assessment levied against it.
2. Stich assessment shall be payable in equal annual installments extending over a period of ten years,
the first of the installments to be payable on or before the first Monday in January, 2003 and shall
bear interest at the rate of 5.5% percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31. 2003. To each Subsequent installment when due shall be added
interest for one year on all unpaid installments.
The owner of any property so assessed may. at any, time prior to certification of the assessment to
the county auditor, . pay/ the whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer, except that no interest shall be charged if tile entire
assessment is paid within 30 days from the adoption of this resolution: and he may, at any time
thereafter. pay to the City Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor
to be extended on the property tax lists of the county. Stich assessments shall be collected and
paid over in the same manner as other municipal taxes.
Adopted by the M011tiCC110 City C01-11-161 this 28"' day of'Oetober, 2002.
ATTEST:
Roger Belsaas, Mayor
Rick Wollsteller, City Administrator
CITY OF MONTICELLO
RESOLUTION NO. 2002-69
RESOLUTION ADOPTING ASSESSMENT ROLL
FOR DELINQUENT UTILITY ACCOUNTS
1,171-JERE11S, pursuant to proper notice duly given as required by law. the Council has met and heard
and passed upon all ob iectioris to the proposed assessment for delinquent utility account
charges.
VOW,, THEREFORE, BE IT R ESOL VE D B)7 THE CITY " CO LA'CIL OT' A 11ONTICEL L Q
A /fIVV E,"07A:
Such proposed assessment., a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessments against the parcels named
herein, and each tract of land therein included is hereby found to be benefitted by the
assessment levied against it.
2. Such assessment shall be payable in one (1) annual installment payable on or before the
first Monday in January 2003 and shall bear interest at the rate of 6 percent per annum
from the date of the adoption of this assessment resolution. To the first installment
shall be added interest on the entire assessment from the date of this resolution until
December 3 ) 1. 2003.
The owner of the property so assessed may, at any time prior to certification ofthe
aSSCSSruerlt to the County auditor. pay the whole of the assessment on such property
with interest accrued to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption
Of this resolution.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment
roll to the county auditor to be extended on the proper tax list of the county, and such
assessment shall be collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council this 28th day of October, 2002.
ATTEST:
Roger Belsaas, Mayor
Rick Wolfsteller, City Administrator
a
Council Agenda - 10/28/02
9. Public Hearing -Consideration of a resolution adopting provosed assessment roll for
delinquent utility bills and certification of assessment roll to Countv Auditor. (RW)
A. REFERENCE AND BACKGROUND:
The City Council is again asked to adopt an assessment roll for utility billing accounts
Z__ I Y I t�,
which are delinquent more than 60 days and to certify the assessment roll to the County
Auditor for collection on next year's real estate taxes.
The delinquent utility accounts that are included with the agenda are accounts that are at
least 60 days past due and include all new delinquents from the last time we certified
them. In addition to the delinquent amount, the Council also previously approved the
establishment of an administrative fee of $50 per account that is added to each delinquent
assessment. The amounts shown on the enclosed delinquent utilities list include the
additional $50 administration fee for the preparation of the assessment roll.
It is recommended that the delinquent accounts be put on an assessment roll for
certification at an interest rate of 6% as allowed by state statute. As in the past. if any
accounts are paid within 30 days after the adoption of the assessment roll, they can be
paid without the additional interest. After 30 days, payments will be charged interest.
Adopt the assessment roll for the delinquent charges as presented.
2. Based on public hearing input.. adjust the assessment roll as required.
It is staff recommendation that the Council adopt the assessment roil as presented. All of
the accounts are at least 60 days past due and have been given proper notice of this
assessment hearing and ample opportunity to pay the accounts in full. All utility accounts
were notified that there would be an additional $50 administrative fee attached to each
outstanding balance if the account was not paid by 4:30 p.m. on October 9. 2002.
Copy of resolution adopting assessment roll
ID
Complete listing of delinquent accounts to be certified.
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Council A!,enda - 10/28/02
10. Public hearina—Adontion of prormsed assessment roll for delinauent accounts
receivable bills and certification of assessment roll to County Auditor.. (C.S.)
A. REFERENCE AND BACKGROUND:
The City Council is asked to adopt an assessment roll for accounts receivable bills which are
delinquent more than 60 days and to certify the assessment roll to the County Auditor as of'
November 30. 2002. for collection on next Year's real estate taxes if not paid within 30 days of
this public hearing.
is recorrin-icrided that the delinquent accounts be put on an assessment roll for certification III
2002 at an interest rate of 6% as allowed by state statute. As in the past, if any accounts are
paid within 30 days after the adoption of the assessment roll. they can be paid without any
additional interest.
Adopt the assessment roll for the delinquent charges as presented.
2. Based on public hearing input., adiust the assessment roll as required.
C. STAFF RECOMMENDATION:
It is staff recommendation that the Council adopt the assessment roll as presented. All of the
accounts are at least 60 days past due and have been given proper notice of this assessment
hearing and ample Opportunity to pay the accounts in full.
COPY Of resolution adopting assessment roll
Complete listing of delinquent accounts to be certified.
CITY OF MONTICELLO
RESOLUTION 2002 -70
RESOLUTION ADOPTING ASSESSMENT ROLL
FOR DELINQUENT ACCOUNTS RECEIVABLE
WHEREAS. P111-Stlant to proper notice duly given as required by law. the Council has met and heard
and passed upon all objections to the proposed assessment for delinquent accounts receivable charges
NOW, 771EREFORE, BE ITRESOLVED BY 7'TJJ,- CITY CO(jT,,N'('IL OF MONTICELLO,
AHAWESOT4:
Such proposed assessment, a copy of which is attached hereto and made a part hereof is
hereby accepted and shall constitute the special assessments against the parcels named herein.
and each tract of land therein included is hereby found to be benefitted by the assessment levied
against it.
2. Such assessment shall be payable in one (1) annual installment payable on or before the first
Monday in January 2003 and shall bear interest at the rate of 6 percent per annum frorn the
date of the adoption of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until December 31, 200' ).
The owner of the propert3, so assessed may, at any time prior to certification of the assessment
to the county auditor, pay the whole of the assessment on such property with interest accrued
to the date of payment, to the city 'rreaSUrer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this resolution.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the
county auditor to be extended on the proper tax list of the county. and such assessment shall be
collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council this 28th day of October, 2002.
ATTEST:
Rick Wol fsteller.City Administrator
Belsaas, Mayor
RogerZ-
E
Jessie & Jon Amos
9820 Park Place Dr
Monticello MN 55362
PID #: 155-125-005190
Amount to be certified: $36.42
USA Rural Housing Service
306B Brighton Av IS
Buffalo MN 55313
PID #: 155-031-002080(11OBalboulCir)
Amount to be certified: $212.47
Kelly & Mary Sinclair
6545 East Oak Dr
Monticello MN 55362
PID #: 155-121-003020
Amount to be certified: $45.53
Tony Emmerich Homes
1875 Commercial Blvd NW #1
Andover MN 55304
PID #: 155-132 (Groveland 2nd Addn)
Amount to be certified: $1957.80
Dan Anderson
9769 River Forest Dr
Monticello MN 55362
PID #: 155-114-001050
Amount to be certified: $91.06
Steven De Los Reyes
6146 Deer St
Monticello MN 55362
PID #: 155-123-003070
Amount to be certified: $127.49
Washington Mutual
650 Algonquin Rd E #105
Shaumberg'IL 60173
j; 11,11p
111111111111i.13m1i IN 111 6
Amount to be certified: $163.91
Mark Woolston
G.P. Land Corporation
1200 Northdale Blvd
Minneapolis MN 55448
PID #: 155-134 (Rolling Woods 2nd)
Amount to be certified: $918.10
10
Dairy Queen
Attn Dennis Schlick
PO Box 573
Monticello MN 55362
PID #: 155-010-005060 (100 W 6th St)
Amount to be certified: $27.25
Gary Scharber
River Terrace Pk
PO Box 366
Monticello MN 55362
Amount to be certified: $14.04
Keith Kjellberg
PO Box 478
Monticello MN 55362
PID, #: 155-010-041030 (713 W 3rd St)
Amount to be certified: $76.14
Gould Brothers Chevrolet
PO Box 368
Monticello MN 55362
PID #: 155-500-104401 (3939 Chelsea Rd W)
Amount to be certified: $4894.50
/0
City COLHIC11 Ageiida - 10/28/02
Z7
Consideration of amendment to conditional use permit for planned unit
development allowing for expansion of truck parking, bulk LP storage, service bav
additions, paving for bulk waste product transport, sidewalks and landscaping..
Applicant: Sunny Fresh Foods. (JO)
REFERENCE AND BACKGROUND
At the Previous meeting Of the Planning Commission this item was reviewed but tabled
pending collection of additional information and refinement of the site plan. A special
meeting of the Planning Commission has been scheduled immediately prior to the City
Council meeting. A report on the Planning Commission thoughts will be provided at the
City Council meeting.
Subsequent to the Planning Commission meeting Fred Patch, 011ie Koropchak and Steve
Grittinan met With representatives of Sunny Fresh to review the items of concern
discussed at the October meeting of the Planning Commission. The attached memo from
Steve Grittri-tan is a written summary of the staff/Sunny Fresh meeting from city staff
standpoint. The site plan presented represents the Sunny Fresh meeting summary. It
appears that the two documents match.
Followin- are a few items that the Planning Commission and Council may wish to pay
special attention to. The item numbers below correspond to the memo prepared by Steve
Griltman,
Parkinu lot and curb setback south boundary line. 2. Screening of trailer area. The
setback along the south property line is minimal. It appears that this setback
provides for space necessary for three rows of parking, which makes sense given
the limited parking availability in the area. Should the setback be increased a few
feet in the area of the Outside storage to provide for two rows of pine plantings?
Keep in mind that storage area setbacks are typically much greater than parking
lot set -backs. A few additional fleet would not greatly reduce the storage area size
and allow for two rows of pine plantings.
Z__
6. Drainai-,e issue,, due to storm water.. The City Engineer has reviewed the
stormwater calculation and proposed design and has noted that the storm water
plan does not meet the city standard for providing storm water management for a
10year event. in addition. the overflow from the site enters the Fifth Street right
of way. Also, the plan does not include development of a sedimentation basin or
stormcepter" to improve water quality prior to discharge to the stormsewer.
With additional pipe size, the system could be upgraded to meet city standards for
C�l
water VOIU1nC management. Water quality management through installation of
City COLHICH Agenda - 10/28/02
sedimentation ponds or storincepter improvements have not been required by the
City in the past. Please note however that Federal and State rules regarding storm
water quality may someday force the City to provide treatment to stormNxatcr
prior to discharge intoe the river.
Gravel Surface of Linn Street.. The plan shows pavement over Linn Street as
identil'ied in Gritti-rian's summary. Parking lot delineators are shown on the west
side of the parking rows but not on fl-te cast side. Also. each delineator needs an
over -story tree Plailtill('
Other items, Staff has not received employee counts at each shift for the purpose of
revie-vvinc, the parking demand and capacity gained by this expansion.
ALTERNATIVE ACTIONS
Motion -- approving the Sunny Fresh PUD request subJ ect to the following)
conditions as follows, or as modified by planning Commission and City Council.
a. Amendment to the site plan e storag
providing for additional curb setback along
z:1- t�'
area which would allow planting of two rows of pine plantings.
t"
b. Provide for additional parking island clelineators and landscaped plantings at
the eastern end of each parking isle.
c. Stormwater plan Should be designed to meet stormwater design standards in
terms of volume control.
d. Storrriwater plan should be designed to provide treatment to storm water run-
off prior to discharge IntoI system.
e. Documentation regarding parking stall demand to be provided by Sunny Fresh.
Sunny Fresh to cornplN. with minimum standards for parking or provide funds to
Cit), in accordance with the City Code.
f. Establishment of a License agreement allowing Sunny Fresh to have use of the
Linn Street Right of Way.
Motion based on the finding that the expansion ofthe Sunny Fresh PU)D in the CCD
Z:�
district with conditions noted above is consistent with the character of the neighborhood
and consistent with the Comprehensive Plan Ior the City.
City Council Agenda - 10/28/02
2. Motion to deny approval of said request.
STAFF RECOMMENDATION.
City Administrator recommends alternative 1.
SUPPORTING DATA
Memo from Steve Grittman
Copy of site plan
m -5
57*7,-.'5 \Alay�a!'-D Suiicll 3515, SiC, Lo,,iis Pack, MN 5-341(3
1- 2,5015.983"1
TO: Jeff O'Neill
FROM: Stephen Grittman
DATE: October 21, 2002
RE: Monticello — Sunny Fresh Foods PUD
FILE NO: 191.07
Fred Patch, 011ie Koropchak, and I met with representatives of Sunny Fresh on Wednesday
afternoon, October 16, 2002 to discuss issues raised by the staff's review of their proposed
expansion. It is my understanding that Sunny Fresh expects to present their site plan again to
the Planning Commission at a special meeting on October 28. We discussed the nine items in
my e-mail correspondence dated October 14. Following is a summary of those items, and our
discussion on each.
1 Parkinq lot and curb setback south boundary line. The plan shows zero setback,
and the code requires five feet. The applicants indicated that the five foot setback
would eliminate a row of parking due to the dimension between the parking south
boundary and the Excel substation. This appears to be the case. Given that
parking is at a premium, we agreed that this arrangement was acceptable. With
regard to the setback along the trailer storage area, the applicants indicated that
they would be willing to intensify the screening to keep the curb along the boundary.
Additional evergreen trees should be planted to create this screen. Typically, the
City would look for Spruce at 12 feet on center.
2. Screening of trailer area. See comments in paragraph 1.
3. Crushed aranite surfacing for trailer storaae area. The applicants indicated that this
material performed the best in their other applications. Staff pointed out that
crushed concrete would be dusty, and recommended crushed granite if the area was
not to be paved.
4. Curbinq around parking area. The applicants indicated that the entire parking area,
as well as the storage area, would be contained by curb.
5. Landscapinq adiacent to north property line. The applicants indicated that they
would be rebuilding the 8 foot tall screening fence along the north property line, and
would add shrub plantings to the south side of the fence. They also noted that the
neighboring owner has large trees on his side of the property line.
6. Drainaqe issues due to storm sewer., The applicant's engineer indicated that they
are preparing a stormwater management study for the site. City staff noted that the
City Engineer had expressed concern over the capacity of the 12" line that runs
along the south side of Sunny Fresh's property to the east. City staff raised the
possibility of running the stormwater to Maple Street on the east. The applicant's
engineer indicated that he will be contacting the City Engineer to discuss these
plans.
7. Gravel surface of Linn Street. City staff stated that the Linn Street area should be
paved since it provides a connection to the parking lot adjacent to the building. A
sketch was done that showed paving of Linn Street with curb along the east side of
the street and a paved approach to the power substation, then creating a curbed
island at the west end of the northernmost row of the new parking lot. Another
island was included at the end of the center parking rows. City staff agreed that the
west side of the Linn Street paving adjacent to the granite storage area would not
need to be curbed.
8. Liahtina Plan. The applicants indicated that they would have a lighting contractor
provide a photometric plan for staff review, and would choose lighting fixtures tha I
will not glare onto adjacent property.
9. Wastewater pumping station along 4t" Street. Applicants indicated that the
containment area could not be moved due to underground electric service and other
utilities that would be affected by a different location. The applicant indicated that
they will be contacting John Simola to discuss removing the "temporary" shed, and
will be improving (or replacing) the permanent building with brick and other
materials. Staff would recommend creating a screen wall of attractive materials
along the truck area to separate it from the sidewalk.
We also discussed the LP Gas tank — the applicant indicated that they will be constructing a
screening fence around the tank area. We did not discuss a date for the revisions to the site
plan. Via this memorandum, we would suggest revisions submitted to the City by Thursday,
morning, October 24 to permit staff review and agenda preparation for the following Planning
Commission and City Council meetings.
C Fred Patch
Dewey Gunnarson —
TimSarracco—IIMI
Luminaire Schedule Luminaire Location Summary
Project: All Projects Project: All Projects
Symbol Qt), Label Arran%ement Lumens LLF Description S&QNo Label X Y
Z Orient 'it
50000 0.80 Lumark HPNKX-76-400 3 A 1 7&25 12,5 160 T
11 A SiNGLE 1 27.5.5 .665155
4 A 1275.5 1 7&25 25 215.4631 55 1
15 A -13-5 -20 -j5-135 55 1
I6 A 135 -20 25 45 55 1
7 A 255*5 -20 25 135 55
Stistia A 2555 -20 25 45 55
Projatect: All Projects cal Area Summary ULSE 1 12 A 51 98 20 0 55
1 11 A 51 6.5 20 0 55
Lobel Avg. Max f Min I AvqJMin Max/Mini Lp �1 -3 A 276Z 78 25 336.251 55
Trailer Storage 3.20 16.5 0.4 18.00 41.25 1 8130 Slue CkcW or Sw 100. Mkmwr**. wi 5WQ 9 A 437 7 20 so 55
Auto parking 13.94 21.3 10.6 16.57 135.50 1 Ph 962-217--0400 - F- 952-W-6000 1 10 1 11
-pUwp1x-*-ft1vx" A 437 60 20 80 155
0.0 0.0 0,11 O'l 0.1 O.2 0.2 0.2 0.2 0.2 O.2 0.2 0,2 0.2 0.2 0.2 0.2 0.2 0.2 O'l 0.1 3.1 0.1 0.; 0.1 OJ O'l OJ 0.0 0'0
0.0 OA OJ 0.1 OJ 0,3 0,3 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0-2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 O'l O'l O'i 0.1 O.i 0'0
0.0 0'0 OJ 0.1 n 0.4 04 0.3 0.3 0.3 0.3 0.3 0.3 0-3 0.3 0.4 OJ 0-0
0.0 0.0 0.1 O. �.O 0.7 0.6 0.4. 0.4 0,4 .5 0.6 0.6 0.6 06 0.6 0.1
XCEL ENCERY
0.0 0.0 0.0 2.9 2.4 1.6 1.1 0.3 0.6 0.5 0.6 O.6 (_3 l'O 1.3 1,4 1,2 1.1 SUBSTATION 0.3 0,11
0 r) n o 00 I2.6 9.4 4,0 1.9 1. 0.8 0.7 0.7 0.8 1.1 1.6 2.4 31.7 4.2 2.6O.6 :
EX=No UVVTY POLE
11x i
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GAS WK -UP
SYSMW UNN STREET
1.5 1.5 1.4 1,2 IJ 1.0 1-0 1.1 1.2 1.5 2.0 3.4 6,9 13.3 14, 10.9 8. 4.9 -5 1.d 1.4 1 .8 3.4
8.2 21-7 4&.5 SUNNY FRESH
SUNNY FRESH FOODS SUILDW
FOODS 9UtLDtNG TULER SIVRAGE AREA AUTO PARKINC AREA
1,5 1.6 1.6 1.6 1.4 1.3 1.4 1,5 1.6 1.3 2.3 3.3 4,7 519 5.3 4.6 17 19 2,1 1-5 1,4 1.7 2-5 4.7 7.3 6 7
3.1 3.0 2.8 2.8 2.5 2.3 2.31 2.4 11.1 2.7 13 3.6 15 3.4 5.3 2,1 12 !.5 1-3 1.2 .5 2.; 1 4.1 4 T
109 9.1 5. 5 5.5 5.4 4.6 5.1 4.3 2.6 2.2 'q
4.7 54 4.8 5.4 F.6 2.3 1,6 1 1.2 .6 2.3 6.2 11.8 98
4E
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11.1 9 2,7 6.1 10,9 1 ').5
117 &2 7.5 13.6 13.0 6�0 2.7 ).9 OA 1 0 .6 2.3 6.9 15.3
'�3 0 6
0.1
3 /)9 O�\\
0.1 O'l --,.5 2,0 11 5 2.0 4,2 116 "-,4 13 43 1.8 /1.0 0.7 101.6 CO. 7 11'.'a, 1.5 2.4 3
3.2 5. 0 3.4 12.7 4-2,
6 2�2 7.1
0.1 0.1 Q. 1 (12 �-4 1.4 1.6 -.4 4.9 2.6 4L.8 1 2,1 4.7 4,7 - 0.1 .5 0.5 0.5 0.6 0.7 0.9
O. ). : Q.1 0.2 0.6 'D. 0. 0.-
0.9 ".3 0�6 0.3 0,6 0�9 1),7 0.8 1,2 0.6 0.2 0.6 1 .2 0.7 0. 5 0.4 0.4 0.4 0.5
EXISTM4 UTZUTY POLE
REWS)ONS
q1V qL- I hereby certify that this plan, spdoXxotion, or report
PM an PL41WJW. OAr 7E4M & AOMW CO-ENTS .0, prepared by me w under my direct supe and
10(i1(d2 PER SuWr IRMH ~97AV -CkW4M that I am a duly Licensed Professional Engineer �dar
MC =WW LM DAM2 1=1,= the lam of the State of MlMwota,
4 stgnaft" Jd% WA=.k
I Data Rdq.10*
a47r 09127102 Rwoma PLAw cAm. SUNNy FRESH &fpROVEMENTS 1runa. 02383
MEYER-ROHLIN, INC.
BOOK PACs
PARKJNG, SIDEWALK, AND BUILDING IMPROVEMENTS
E1q4q1N_-ER6 - LAAlD SURVEYORS alum ay DRG =-
1111 H.y. 25N., Buffalo, MN 5531J DESOMM BY DRG HMMUL S"f or
Kw?) t. SCAE
Ph. (783) 682-1731 Fax (763) 682-9492 CNWAID OY rPA4 V sheet is other than 22x34, use bw=tt PHOTOMEMC PLAN (BY PULSE PRODUCTS)
r
c) \ `
QyuSCALE ANDaCALE
\ CA \
HOUSE TO REA14tD(,. \ y
Q a 4 0% r6, �\
TANKS AND
FENCE 7D BE
PROPANE _
REMOVED
° A \ \
EST VIEW ELEVAT70N
o� PR N o��® ���/Tv�Btnt �oR-'
(NO SCALE) TRtK:fC. GRCUtAT7QN - _ \
yU
' \\ TREES 70 8f
PRQPOSED ROOF UNE ;/\. - `dye RELOCA7Ep
PRONCR POSED 12' x e8 '
COPAD
7SftNC ROOF UNE'�\WAS7EV✓ATER LOADINGHOR MOUSE ION
, \
/ p
o�y A �� BUILDt TO BE
O efts.. �- \\\\ RETAODELED W17H \\\
MAT= CO
WITH PRIMARY STRUCTU
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CT's RA�SF�FR n�EMfCA1[ ADDtTNE --
TO BE0%
E ODOR �t'A BUILDING REQUIRED 8Y
... .... - �°i 70 8E /ROVED
TO WEST SIDE
\/ y
COAStSTAN, MA=R/MARY
ERW.S 70 Be PROPOSED 8612
STRUCTURE r' CURB BCUTTER
J (SETBACK 0
FEET FROM
TO PROPERTY LINE)
PROPOSED TO" ADDfnON
THE WEST (SEE LEFT FOR
ELEVATIONS)
PROPOSED EMERGENCY E� GRASS
WASTEWATER SPILL j) 1
J COLLECTION //>•� \�
/ \ SYSYEM WRH PROPOSED 3'\\
I INFLOW SHUT-OFF VALVE •� .� \
/ SIDEWALK
+�® VA �0N CP PR®P03ED �CD1T/Ci PROPOSED ROOF
(NO SCALE) J\ AccEss
PROPOSED ROOF /t G { i
0 20 40 60T ` U
GRAPHIC SCALE IN J o
FEET' „C UC UC \ trs
o r
o,
y
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10' PROPOSED
ADD7170N
lQ y<
SUNNY FRESH FOODS �
EXISTING BUILDING j
SUNNY FRESH DING
FFE=937.26
EXISTING BUILDING
F.F.E. =9„6.50
REVISIONS
_.M1 f heresy c
ro/Ds/o2 'ER
gyri 2p� that this Pkn, spacifkation, ar rypart
to%il/o2 vER suNNr fR�SH vavK/Ac CFNNCES ADMW CoeN.PNIs - roa3 y me or under my d� t -t suPetvision and $
aaAc02 ,p ,yw, rnw that / om a duly Licensed Praf0leiona/ Fngineer under MEYER/ , INC. CM7E D9/2i�02 R=RD PDMS a47E ^_— —
"`M` the 10-0 of the state of Mrnneaata. � �, FRESH IMPROVEMENTS PROVE T
FN�IN�ER3 - L�Np 3L/RV�YG7R DR - Dv BDA PAGESUIVIru Na 02383 j
Datevg�we a DRG. PABR'C'Na SIDEWALK, � 1
.Jan N4kzek 7717 Nwy, 82N., Buffalo, MN SS373 B�/1L�,7/N(� (�/PAG7 d'Ea�NTS ,511E'£f
Dote Re�No Ph. (763) 682-1787R71C& DEs h" ' DRG t+n , SCAL4(-1 , .;a» goto
Fax (763) 682-9492 sr:A,£ 7 ssn m 5 ter ,
'� TPM .g sheet •s other than 22x34. use carsccM. NORTH A0--jT/ON & or
CONCRETE 1 PROV- --IV7-3
v+ea7s
PROPOSED ROCK'
MATCH EXISTING
LANDSCAPE PLAN
OVERSTORY CONIFEROUS TREES SIZE 6' HEIGHT
BLACK HILLS SPRUCE
OR
COLORADO SPRUCE
OVERSTORY DECIDUOUS 7REES, SIZE 2.5' BB
0 AMERICAN LINDEN
MARSHALL'S SEEDLESS ASH
HACKBERRY
EMERALD LUSTRE MAPLE
F'OUND477ON DECIDUOUS SHRUBS, SIZE 24-30' 8B
AMERICAN CRAMBERRYBUSH
CARDINAL DOGWOOD
ARROWWOOD VIBURNUM
GOLDFL4A-fE' SPIRS4
PROPOSED
DECORATIVE
SHRUBS
PROPOSED
DECORATIVE S'
SHRUBS / / 7
PROPOSED OVERSTORY
CONIFEROUS TREES
OC) & FOR
DECORATIVE GREEN
SCREENING
PROPOSED OVERSTORY
DECIDUOUS TREES
GRASSS FOR DECof
S
GREEN SCREENING
0 50 100 150
wp-llffimmbl�wi
GRAPHIC SCALE IN FEET
'Ayr 4 NS
10109102 PER C- MANNER MEW d, COiait'MY - wa9 PtsPored by ma or under my direct supervision and
i0lfl/02 Q SUAWr FRESH PARKRZ CX0CES
the 1 0- - duty Li—Sed Prvf�ionj En91n— -d,,
9mLal=—,9z2=L— the laws of the State of Minnesota.
Signature wk,.*
DaM Req.14a
,4-
(D
DPOSED
"DRY TREES
PROPOSED
DECOP477VE
SHRUBS
"Xi
TREES
SNOW REMOVAL PLAN
SNOW IN WEST PARKING AREA TO BE
REMOVED OFFsrrE
MEYER-ROHLiN, m -
c. IS 09127102 RECORD PLAW a4
BOOK PAGE.
FPARKIN0, UNNY FRESH IMPROVEMENTS FILE ma 02-383
ENGINEERS - LAND _-URVM
EyORS DRABY DRG SIDEWALK, AND BUM -DING JMpROV,-"EfVTS
stgEr
-211 1- M-
-
SUffO10, MN 3531-3 DfSr,�W �?Y DRG HOR=HIAL SC4LE r kmt .
7111 Hwy, 25N., _ &vt Mandcaft, AtThnosots 4
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TIN HYDRANT NW QUADRANT
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IV
PARKING 0PnVIqlnNS
EXISTING OFF-STREET PARKING SPACES - 148
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TOTAL OFF-STREET PARKING SPACES - 192
SIDEWALK SWROVEMF?a
_(SEE SHEET 3)
LEGEND
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the laws of the State of Minnesota.
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1111 Hwy. 25N., Buffalo, MN 5531.3
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REVISIONS t heraby certify that this plan, spec•--cation, or rsaart DATE 09/27/02 RECORD PLANS DATE' SUNNY i� �e ag IMPRO
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Date Reg.Nc.
City COLHICH A(Yejida - 10/28/02
zn
12. Motion to adopt resolution of condemnation resultinu in acquisition of the Custom
Sheet Metal property. (JO)
REFERENCE AND BACKGROUND
For the past few months, Birchland Development Company has been working at
assembling parcels necessary to support a high quality retail project of over 300,000
square feet with aproject cost of $26,000,000. The area encompasses approximately 30
acres. The property boundaries include Chelsea Road to the North, Cedar Street to the
West, Edmundson Road to the East and Dundas Road to the South. During the planning
phase, city staff has been assisting the developer with collection of information necessary
to put the project together. Although certain financial details are yet to be resolved, it
appears that the most significant uncertainty is with regards to acquisition of the property
under ownership by Custom Sheet Metal. negotiations otiations oil the purchase of
Z-- zn
Custom Sheet Metal have made significant progress lately, site control has not been
achieved. Therefore, the City Council is asked to consider adopting a "resolution of
condemnation" authorizing City Staff to negotiate a settlement. Please note that the
Attorney representing Custom Sheet Metal has also suggested adopting this resolution
t-- zn�-- Z=
because it provides an opportunity for Custom Sheet Metal to defer payment of capital
gains tax with the land sale.
Adoption of the resolution will begin the clock on the 90 day quick take period and staff
will work toward completion of the negotiations with Custom Sheet Metal. Simultaneous
to this activity, the final details of the project finance plan and the potential need for a city
contribution of land will be further defined. Decisions relating to acquisition of Custom
Sheet Metal and possible contribution of city land are scheduled for the next meetings of
the City Council.
ALTERNATIVE ACTIONS
Motion to adopt resolution of condemnation to result in acquisition of the Custom
Sheet Metal property.
Under this alternative the 90 day clock starts ticking on acquisition which provides the
developer with the confidence necessary to pursue the project. In the next few days staff
will be negotiating with Custom Sheet Metal and the Developer in establishing a Finance
plan and the potential need for a city, contribution of land. Decisions in this regard are
scheduled for the next meetlii(-) of the City Council.
In I
2. Motion to deny resolution of condemnation as requested.
City C01-111CH Ager-ida - 10/28/02
STAFF RECOMMENDATION
The City Administrator recommends alternative 1.
SUPPORTING DATA
Letter to City from The Birchland Group and draft site plan
Letter from Brad Larson on behalf Of CLIStOrn Sheet Metal
Copy of Resolution
10/25/2002 11:50 9522490790 1 BIRCHLAND DEV. CO. PAGE 02
Mr. Jeff O'Neill
Deputy Administrator
City of Monticello
505 Walnut Street, Suite I
Monticello, MN 55362-8831
As you know, we have been working with your staff for over a year to put together a retail project
of over 300,000 s.f. on the site South of Chelsea Road and East of Cedar Street (see attached).
The project will be a high quality center, anchored by national retail stores and greatly expand the
critical retail mass for the City of Monticello. This project continues and expands on the exciting
developments and retail upgrades that have occurred in the past couple of years as a result of the
City's improvement of Chelsea Road. It is anticipated that the first phase of this shopping center
will have a project cost exceeding $26,000,000 and break ground in Spring, 2003.
This project has been challenging to put together with the existing fragmented ownership patterns
and the need for upgrades and reconstruction on three of the surrounding roadways (approx.
$900,000), however, we believe that our project is very close to being viable. Unfortunately, we
have run into a significant problem in our attempt to acquire a 0.95 acre redevelopment parcel
and would Re to ask the City if it can assist in the acquisition process. As a private party, we do
not have the capabilities that the City does at its disposal and there is also preferential tax
treatment for the party that is being acquired if done under the threat of condemnation. We
believe that we are on the edge of creating a very exciting project for the City of Monticello and
hope that we will be able to bring it to fruition in partnership with the City.
I would also like to thank you, Rick, 011ie, Bret and the rest of your staff for all the assistance
over the past year. Without your assistance and quick responses throughout, we would never
have been able to get to this point in the project. You've really gone that extra mile. We look
forward to continuing to work with all of you in the months ahead as we complete this project.
nee
Paul Bilotta
Metcalf, Larson, Muth & Fleming, PC
ATTORNEYS AT LAW
313 West Broadway
IradleyV. Larson P.O. Box 446 Sally B. Nelson — Paralegal
Steven J. Muth Monticello, MN 55362-0446 Ray O.Vrolson — Paralegal
James B. Fleming* Telephone: (763) 295-3232
James G. Metcalf of Counsel Fax: (763) 295-3132
(1975-1995) Email: LawOffice@MLMF.com
A
-,mum
- 3=11IN
Jeff O'Neill
City of Monticello
Monticello Community Center
505 Walnut Street
Monticello, MN 55362
Re: Custom Sheet Metal
Pursuant to our conversation, I have met with Custom Sheet Metal since the tender
to them by you of the proposed project cost estimates regarding their business
displacement. In our discussions, Custom Sheet Metal has indicated the willingness to be
cooperative and move quickly. It would be their desire to have a 9,000 square foot metal
building constructed on the site that you have proposed. Toward that end, they have been
working with Mike Cyr and he is in the process of putting together proposed construction
documents for a "turnkey" replacement facility. It is the desire of Custom Sheet Metal to
have a 9,000 square foot facility as the increased size will act to compensate them for
their loss of separate residential property on the existing project site. The proposed
contract number that Mike Cyr generates will be a number that Custom Sheet Metal will
.
be willing to enter into a contract for.
In order to facilitate a timely transition, I would suggest that the council pass a
"resolution of condemnation" authorizing city staff to negotiate a settlement. Once the
resolution is passed, Custom Sheet Metal can enter into a purchase agreement with the
city for the sale of their site to the city which can be executed "under threat of
condemnation" which will allow them tax deferral of the purchase price provided there is
100% reinvestment in their replacement property. I would anticipate that the city would
not be anticipating a 90 -day quick take in that I would anticipate that there would be a
pre-existing agreement that the resolution would back up.
Custom Sheet Metal is in the process of acquiring proposed plans and firm
construction contract documents from Mike Cyr within the next week, which will include
Admitted to practice in Minnesota and Nebraska.
hard numbers for building permits, etc. We will need to talk in terms of a timeline,
whether or not the city perceives temporary displacements is necessary (hopefully not),
etc.
As soon as we have the documents from Mike Cyr, I think it prudent for us to sit
down together and potentially map out a course that makes sense to everyone. Custom
Sheet Metal realizes that the ultimate leverage is with the city in a 90 -day quick take
condemnation resolution, yet I know the city is sensitive with regard to economic
condemnation.
I would look forward to working with you on this manner in an improvement that
will benefit both the city and Custom Sheet Metal.
METCALF, LARSON, MUTH & FLEMING, P.C.
By:
bradle y . V. Larson
WM
cc: Custom Sheet Metal
Cl-l�'OF iNIONTICELLO
WRIGITF COUNTY, MINNESOTA
RESOLUTION
Date Resolution No.
Motion By Seconded By
NEW 1, 11, 1! M, I] It a 11
WHEREAS, the City Council of the City of I'VIonticello does hereby determine that it is
necessary and for a public use and purpose to acquire the property legally described on the
attached Exhibit "A", Subject to enpineering modifications, if any; and
WHEREAS. City staffand consultants have and will continue to work with the property
owner(s) to acquire the easements-, and
WHEREAS, the City Council finds that development and construction conditions related
to the area make it necessary to acquire title to, and possession of, the property as soon as
possible in order for the project to proceed in an efficient, cost effective and expeditions manner;
NOW, THEREFORE, be it resolved by the City Council of the City of Monticello,
Minnesota:
I That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statutes Chapter 117 to acquire public trail and temporary construction
easements legally described on the attached Exhibit "A", subject to enaineerino modifications, if
needed.
2That the City Attorney is authorized to acquire the necessary property interests
pursuant to the *'quick take" provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and the City Administrator are authorized to execute all
documents necessary, in the opinion of the City Attorney, to effect the acquisition of the
necessary property interests.
,DOPTVD this day of October. 2002, by the City Council of the City of
Monticello.
Mayor
ATTEST:
Rick Wolf.steller. City Administrator
EXHIBIT "A"
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Ms. Dana Vanderbosch
Ma,i 24,2002,
Page 2
for Laka Pepi;n and a number of otliez lakes and reservoir--,. Meyer and Schelihazi�s, for the
.Metropolitan CouncTs stadies regarding phQsphcrLLs and its impacts found that phc*Phores
'loadings from the TJpper Mississippi are relatively similaz to those'in the Nfinnesota River for
�-Z-MiTWTUAIU --c nd
mtpar�e
5tCro�x 'A'Kivera), is the lar -gest source of algal -associated bion-tass in the river system during
-most years. The report points out the need tD addrcss aill sources fr= all rivers sooner. rather
than Laier if gains art to be made in rechacirig negative effecis to Spring Lake and Lake Pepin,
Meyer, Micahel L., and Scott-54wUhaass, "Sources of Pho�horus, CHorophyll, and Sediment, t
o *.e Mississippi Mwer Upstream of Lake Pepin:, 1976-1996', Report f or Environmental Studies
of Phosphorus, Metxopolitan Council EiivironrnientAl Services (Draft, ApiiL 2002),
rl.*j--kw�' IVE MiLaIr
for high phosphorz at th6 point of intake and must trcat Sucker and Vadnaii Likes. St. P
residents have for years, complairwd of taste axLd odov.problems associated with high
phosphorus and the attendant a4ae growth IfTom it in the s.ummer months..
Monticello must remove -nutrients to the fullest practie2ble extent
Rule 7050.0211 also requires drmt Montkello remove nul-rients, including phospliorus, from its
discharge to:V-�e faRest practcable extent" It is uncleax that Monticello has demonstratcd d -ds
level oiremovalto theWtA. Our,understanding,is tbatMontjcellot currently tweatinS,
forphosphorw.atall. It is further MCF -A's understanding that Monticello can practicably add
chernical treatment. Our undmtan4ing is, that the plant has sufficier�t sludZe handling capacity
to handle any resulting increased sludge. load., FiraRy, ..,ould the city not pmI ona sigruhi
amount ofthe, cost of dheudcal treatment -,to Sunny Fresh Foods and sprg�A-the remaining�eoot
over its increasing tax base?
A it 0 A
MCEA is vezy interested in tt.o IVTCA's response.to 'r.ese coa=enii. . We Would be happy to
meet with you at your earliest convenience, In light of i he WCA Board's longsfandingmiterest
in iddressing the critical phosphorus *sues lacing rface waters and fhe signcant bf
Monticello's high pho�ph=5 concentratibns, MCEA re -quests that issuance of the -Monticello
wastewater INMES permit come before the fliE MPCA Board.
t gal Adv cavy D' for
BRE VISIT
SCHEDULE AND WRITTEN SUMMARY FORM
IDC NIEMBER INDUSTRY
Name Van Alle(�rovch Name Sunnv Fresh Foods. Inc.
Phone
FAX
E -Mail
Mailin,, Address
Summary of Visit:
Primary Contact Mike Luker. President
Phond 76' )-271-5600
E -Mail 'www.usaegas.com
Location 206 West 4"' Street
Monticello. NEN 55362
FAX 763-271-5714
i.,
Also in attendance was Don Roberts and Dennis Darnell Of Sunny Fresh Foods.
1. Agreed to a two-way web site linkage with the city.
2. Somewhat interested in the Fallon Avenue building (60,000 sq ft on 4 acres) for expansion.
They asked. would City financial programs be available? If it's intended use is manufacturing'
and/or ware 110 LISi nu. the Citv's revolving loan program would apply. The amount of funding is
based on job creation with a not -to -exceed amount. Also available may be State and Recional
funding programs. Koropchak reminded Sunny Fresh an added benefit to purchasing this
existing bUildim, is the water. se-vver, and storm sewer trunk fees have been paid. Up -front TIF
was Cliven to the oriuinal owner.
Z� -
3. Sunriv Fresh noted its (-,ro\N-th in I'v onticello and its three other facilities. Within the past few
years. they Purchased the previous i'vIethodist Church and Veit Feed Process sites. The
discussion centered on its existing site and the difficulties of expanding at a landlocked site. As
a vvet industry, wastewater remains an issue in Monticello.
3. President Luker talked about the philosophy of Sunny Fresh Foods and the importance of
beim-a ,00d corporate citizen. Koropeliak complimented Sunny Fresh and its organizations on
//»cNJEM8FR
Numc—PickYuoAUrd
Phone
FAX
e-mail
Mailing Address 206 W 4"' ST
Monticello, M N 5_5362
BRE VISIT
SCHEDULE AND WRITTEN 5UMINIARYFORM
—�----------lNDUSTQY
Nume_Michacl_A'Luker, president,
/
Don Rohrrts—Gcncru|muougrr
Primary Contact _ Don Roberts
___
Phone 763-271-5626
e-mail /Dike-�kdel�tcar,_JUznm
Location
FAX
Date of Visit —2 October 2002 Time of Visit 11:00 am
Summary nfVisit:
= 011ie Kpresentation of what's happening inMonticello and planned that will affect the company and the town
around.
° General discussion that included Sunnyfresh is land locked, expanding across the tracks (primarily parking
area to relieve on street parking congestion.
• 8unov fresh hein-landlocked turned into ugood discussion:
The third Suunyfrchperson u,the mcchnghad been the guest speaker ot the Rotary Club of 11VInndmUo`smccdng
30September addressing the general topic nfsecurity and what had been done since September ]).
One (wraphic illustration was the darnaae done to the Sunnvfresh plant in July of 98?. The plant lost
production for three days and vxs back on line in large part due to contingency plan.
Sunny fresh customers were not ipcovicoirnrcdbecause INMnohccUoisnow one n[four plants thoru�hou(the country
making hxsixxU} the same product and extra shipments were made form the other p|uoM without ioicmphon.
° pvIonhcd|"bthe home of Suoo!fresh corporate offices.
° Mason City Iowa and another location underwent expansion during the last two years due tnthe NlondccUn
heio" landlocked.
• Sunny[nshasked the logical question. lothere anything that the city can dobecause `°ednhave interest inthe
Rite Choice /?
• Kmoil 4ocoso[land.
° bhas about 48-6U,080square feet o[manufacturing space. (Dick`»guea)
= The existing offices along the front *oo|docrrexsSonoyfnshcupora/eoffices very well.
Dick's immediate answer "uu Yes. there has to be.
Notes from Dick's personal experience:
= Once there is a need to build it plant, nio`e equipment and operations, several miles is not a whole lot more
trouble than Wmmiles.
• CousNoUNIC—mo,ing toMootkzlkx—hbhrickyundLoud,somenherc .
° It would be -,in injustace to the residents of Monticello and surrounding, community to have 1-50 — 200 jobs move
away. Disrupted |i,cs, flood o[homus on ,he market, lost rohnn| children and rc,euucotz. a/c
l/kimpo,(xutm,cogubznhxtcxnvirhiuuUruxsonhednncundubooarloosenurperspori`cs.
Dick Van Allen — IDC Chair 6 October 2002.
BRE VISIT
SCHEDULE AND WRITTEN SUMMARY FORM
IDC MEINIBER INDUSTRY
Name Van AlleKoronchak Name Genereux Fine Wood
t� Products/Westlund Distributine
Phone
FAX
E -Mail
Mailing Address
Summary of Visit:
Primary Contact Bill and Barb Tant)er
Phone 763-295-4222
E -Mail v,-v,.-w.west I Lin ddis tri buti ni-). com
Location 212 Chelsea Road
Monticello. MN
FAX 763-295-6379
Time of Visit 1:30 n.m.
Arrived - 1:50 p.m.
I Agreed to link to )vlonticello website. Suggested a Monticello map showing the location
of industries or find through the use of vellow pages.
I -
2. Suggested a visit and adding Kaltec of Minnesota. Inc. to the manufacturers directory.
The company is leasing a portion of the Fay -Mar building. The company, at the
Monticello facility. produces a forster fork lift attachment. Corporate facility in
Plymouth.
3. Discussed the pros and cons of TIF from the prospective of a business owner. An
example: Up -front TIF considered equity by the lender makes the project doable.
Flo�vever. with up -front TIF there is a tax increment guarantee deficiency penalty CICILISe.
Z� -
4. Van Allen noted the efforts of the IDC are to continue to lobby for a different business
attitude or an aggressive business attitude.
SCHEDULE AND WRITTEN SUMMARY FORM
IDC MEMBER INDUSTRY
Name Dick Van AlleC�KoroDchak Name Standard Iron & Wire Works. Inc.
Phone
FAX
E -Mail
Mailing Address
EM fflurr-319HRII
Summan, of Visit:
Primary Contact Rich Demeules/Bill
Derneules
Phone 763-295-8700
E -Mail rich.demeules�std-iron.com
Location 207 Dundas Road
Monticello. MN 55362
FAX 763-295-8701
Web Site Nvzvvv.std-iron,corn
Time of Visit 8:30 a.m.
Concluded 9:3 0 a.m.
I. When a plan is adopted. follow the plan. Example: Need for step -Lip housing for
professionals - city continues to create starter housing. Business/property owners do not live in
Monticello - no step-up housing. Local commitment and involvement decreases with absentee
ownership.
2. City budget growing faster than city growth (tax base). Rich DeMeLfles. a resident of Buffalo.
saw a property tax reduction of 40%.
3. When will Dundas Road from Cty 117 to High-vvay 25 be hard Surfaced?
4. Rich and Bill talked about the attitude of the City of Monticello toward existing business. In
the last few years. Standard Iron expanded their Alexandria facility three times and their Sauk,
Centre facility twice. Their property taxes in both communities were reduced as intended with
the classification rate reduction enacted by the Legislators. The local officials didn't play games
with the proposed tax reduction which creates or enhances a relationship of trust between the
businesses and the city. The same is true about assessments and assessment policies. The
BRE VISIT
SCHEDULE AND WRITTEN SUMMARY FOVM
I IDC=1 ER
Name –pli–ck fanA
Phone 195-5,53
I FAX
e-mail
Mailing Address
Z!,
INDUSTRY
Name Standard Iron & Wireworks
Primary Contact –Bill & Rich Demules
Phone 763-295-8700
e-mail
Location –207 Dundas Road–
Monticello, IVIN 55362
FAX
Date of Visit _I I June 2002 Time of Visit —8:30am
Summary of Visit: Discussion.
Standard Iron has expanded in size during the five years of the existence of the
Monticello plant
a) 3 X (tripling) of size in Sauc Center manufacturing site
b) 2X (Doubling in Size of the Alexandria Manufacturing site
Z!, Z!,
Why? MONTICELLO plays games with taxes and the city has an attitude.
• Storm water fees were almost negligible, not 55,000 when we decided to
expand there.
® Other development fees are less.
• Monticello waffles with assessments, who to charge and then defers them
to the general fund.
® Property taxes at the other two sites have gone down since property tax
reform was passed.
• It's easier to do business with the other two cities.
Comments by the interviewed parties, The I'vlonticello attitude;
0 6 roNvth of the city budget has been I OX the rate of inflation
0 No property tax reduction
0 Look at the city tax levy rate
0 There is no place for business to live in the community. If a business is
sold there is no tie-in of the seller to the community.
® The city zones land and then caves in to the first developer that comes
along. We need a mixture of residential development.
0 Why doesn't the city finish Dundas Road to Highway 25?
Note: The meeting lasted about 75 minutes
Submitted by:
Dick Van Allen – IDC Chair 2002
Mondav,.June 17, 2042
BRE VISIT
SCHEDULE AND WRITTEN SUMMARY FORM
IDC MEMBER
Name Dick Van Allen/0Cie Eofroocha)
Phone
FAX
E -Mail
Mailing Address
Date of Visit Mav 3, 2002
Summary of Visit:
INDUSTRY
Name Electro Industries. Inc.
Primary Contact Bill and Merrlvn Seefeldt
Phone 763-295-4138
E -Mail wis!u,,.electrornn.com
Location 2150 West River Street
Monticello. MN 55362
FAX 763-295-4434
Web site w-�\;,,v,clectroni-nn.corn
Time of Visit 1:30 n.m.
A,yreed to a two-wav �%eb site linka�xe with the city.
2. Noted to change the description of Electro in the manufacturer directory to read: established
in 1974 rather than a 26 year old company as this becomes outdated annually.
3. City lackinu in family restaurants such as Applebee*s or Chilli.
I
4. Sold remaining 1-2 5 acres to Craia Schberer.
Z�
5. In the future the IDC may be contacted to lobbvim, on behalf of Electro Industries.
Confidential at this time.
To: Monticello City Council
From: Randy Ruff
Tammy Jo Sutton, Edina Realty
Re: Ruff Auto Parts, Inc. land
800 Elm Street, Monticello
Phase 1: complete
Phase 11: Environmental Site Assessment by Pinnacle Engineering currently
in progress
Pinnacle Engineering is also currently working with the Jeff O'Neal and tht.
City of Monticello in regards to preparing what is necessary in applying for
funding for clean-up, redevelopment of the site.
Property proposed for development consists of 4 parcels, see survey;
Ruff Auto 'Parts, Inc., approx. 7 acres - Randy Ruff
Lot 2 & 3, Block T, approx. .5 acres - Kevin Stumpf
"Pie shaped" parcel at SE comer, approx. .39 acres — Ronald Ruff
Riarts land, currently listed with Edina Realty, to be marketed tI
Builders/Developers proposing development for townhomes and/or singl
family residential housing.
8 L 0 C�K
GRIER W GRIEFNOW
ADD.1 PIN# 101417 ADDITION
0
-1-CERTIFICA TE OF SURVEY1
FOR
0
RUFFAUTO FARTS, -'-
(BOUNDARY) PIN# 101401'
PIN# 101404 T,
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PIN# 101400 4,0 IcIr
PIN# 101412
HAROL DI RUFF'S ADDITION
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40' D 40' 101414
SCALE iN FEET ,/I
SCALE: 1" 40' 4,
PIN# 101402
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City of Monticello E— DWO FILE: ruff. 71 iWright County, MN Mi 1147-1 0. Fed.—, RLE NO, 10215"()
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Council Meeting - 10/14/2002
Phost)horous Removal Equipment at the City's Wastewater Treatment Plant
Our new five-year NPDES permit for the operation of the City of Monticello Wastewater Treatment
Facility is up for renewal. At the end of the 30 -day public comment period on the last day (May 24th)
at 3 32 p.m., the Pollution Control Agency received a faxed letter from the Minnesota Center for
Environmental Advocacy requesting that our wastewater NPDES permit come before the full
Minnesota Pollution Control Agency Board because ofthe phosphorous discharges to the Mississippi
River. Our new permit would have us test and manage phosphorous but would not impose a limit
at this time. A copy of their letter is enclosed for your review. There are several parts of the letter
that contain inaccuracies and the City of Monticello and USFilter have been working with the MPCA
and is Sigford of the Minnesota Center for Environmental Advocacy to inform them of the actual
situation in Monticello in regard to phosphorous levels coming into our wastewater plant and the
levels being discharged into the Mississippi River.
Our wastewater facility currently removes 57% of the phosphorous it receives. Although we have
haddisch coe levels of, hosvhorous as bi has 6.11
years, our overall average is 4.04 Mg/L. Should we be required to meet the I part per million or I
Mg/L, we could spend a couple hundred thousand dollars or more in the installation of equipment
and start up chemicals. We could also see increases in sewer rates some place between 15% and
20%. This is due to the additional chemical which must be added to our wastewater and the disposal
and treatment costs of the additional sludge generated from this process. We could also quickly lose
the excess storage capacity for sludge that the gravity belt thickener installation bought us.
We are currently evaluating sources of phosphorous in our wastewater and trying to schedule a
meeting between the MPCA and the Minnesota Center for Enmlitftiavam 'W
boar MPCA Board heating. We will keep you updated as to the results of our efforts. Nocouncil
action is required at this time.
By: John E. Simola
Public Works Direct]
"S -24-2002 3:32PM FROM
Minnesota Center for
Environmental Ad-voc�clv'. -
Foundift. Oift,-to, -
Sigurd 1r, ('Alwn
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Dana Vanderbosch
Maimn. Land and Water S-.c'cn
n nt�ro . w
520 4fa�ette Read North
stPaul, nq 55155-4194
Re: Monticello Wastewater Treamtent "IF-adility-, Droft Proposed Reissud
NPDESISDS Permit No. MN 00.2.0567
This letter is -to corp-1z'='Cate the -Mirmesota Center for Environmental A&ocacy's
(IvICEA) pr U-='-dnazy co==ents regardhig the Y6nesota Follution Contr6i Agenc�y
QvTCA' staffs drafttproposalto reissue,� pbove-mentioned facility',
MCEA is dismayed to se e,ftt Monticello plant is d!scharginr a v
ery- high
concentratkm of phosphorus (5-8.mg/L) to azi Outstarmffing Resourc� Value Water.
10espite this alarming�yhigh concentration, �he draft pem-dt does rtor impose a
phospho=s li=dt, nor even zequim a,pht.-)SPhorus i�ducti6AThe city has a rapidly,
growmg popuktion,,whichw.'ill continue to add to the totalphosphor.u3 load-
MonticelloI15 disch-arge requires a phosphorus limit of 1 mg/L or les&
Mknesotals, applicablexater quality rW es� zreq�dre, a discharge limitation of orte
nailligzam per liter (I mg/L) oz- les,s for -the Monti.cello wastewat�r tmatment iaciUty
perrrdt.
Water Quallity Rule:�_00.0127li req=es tiat "wthere tkniJ6 discharge... affects a lakeor
Tagervoir, phosvho=s removal to one w Migram per liter shafll be required;" As
discussed below, Montibello's discharge-aHects lal�es and reservoirs, induding the
Coon Rapids Dam Reservoir, the Vadxw is Chain of Lakes, Spring* Lake and Lake
Pepin. Therefore., a I zig/ L li-mit is i*Ted.
The "effece'oiwater pollation on NQiaesota's lakes, s,,aeaxns, and re$emoirs t7pically
is measured at "low,Row". In this CIM/ e, i he �enchmarR is the phos�hor'us -Oolluti=
level behind die Coonn_IR 'da d=i�durktg; the sun=er I of 198& --the generally
awledged most reciaht low 110 w ye;i r. One r-Mical measurement of the
phosphorus pollution problern iiL the Reservoir at ftqt time was the �dgh level of
algae preseiit in the water colu=, which was measured at concentrations of .054
mg/L for clUorophyil-a. This 2`9 al7out the same levei of algae measured at the time. in
1. ake Pepin, wl-dch the NOCA describes as having "experienced severe huisan�e algae
bloo= and -ckxyg� depletioit" Tn addizian',' ihis algae level measured in the
N!Awit fly MN Cr W Marv, u n,; 4A +.ft W patYgge wm-,:an.jawr rNYCId paper,