City Council Agenda Packet 12-12-1994AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, December 12, 1994 - 7 p.m.
Mayor: Brad Fyle
Council Members: Shirley Anderson, Clint Herbst, Warren Smith, Dan Blonigen
1. Call to order.
2. Approval of minutes of the regular meeting held November 28, 1994, and
the special meeting held December 7, 1994.
3. Consideration of adding items to the agenda.
A. Consideration of authorizing the City Engineer to complete an
Environmental Assessment Worksheet (EAW) associated with the
Mein Farms development.
B. Consideration of authorizing feasibility study for public improvements
associated with the Klein Farms subdivision and School Boulevard.
C. Consideration of reviewing application of trunk water main fee
requirement.
4. Citizens comments/petitions, requests, and complaints.
5. Public Hearing --Adoption of 1995 budget and consideration of a resolution
setting the 1995 tax levy.
8. Consideration of simple subdivision allowing the subdivision of the Tom
Brennan property located just north of 1-94 between Minnesota and Elm
Streets. Applicant, Tom and Elraine Brennan.
7. Consideration of a zoning map amendment which would rezone the Eleanor
Malone property ftm R-2 (single and two-family residential) to PS (public
and semi-public uses). Applicant, Eleanor Malone/St. Henry's Church.
8. Consideration of River Mill TIF land use plan consistency with
comprehensive plan.
9. Consideration of amendment to Section 3.9 (E) of the Monticello Zoning
Ordinance regulating signs by allowing one premise identification wall sign
per street frontage and one premise identification pylon sign. Applicant,
Arrow Sign Company.
10. Consideration of salary schedule adjustments for 1995.
11. Consideration of fund transfers for 1994.
Agenda
City Council
December 12, 1994
Page 2
12. Consideration of purchase agreement to acquire land for drainage basin for
Meadow Oak pond outlet project.
13. Consideration of authorization to attempt entering into option for purchase
of land and/or obtaining right of entry.
14. Consideration of rebid of phase II of public works facility expansion.
15. Consideration of scheduling a special meeting for Planning Commission
interviews.
16. Consideration of vacating a portion of a pathway easement. Location is
Lots 7 and 8, Block 2, Cardinal Hills 4th Addition. Applicant, Value Plus
Homes, Inc.
17. Consideration of bills for the first half of December.
18. Adjournment. i ! k! S ° 'r'r ell l/
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, November 28, 1994 - 7 pm.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Warren Smith, Dan
Blonigen
Members Absent: None
2. Atmroval of minutes of the special meeting held November 9. 1994. and the
regular meeting held November 14. 1994.
A motion was made by Warren Smith and seconded by Shirley Anderson to
approve the minutes of the special meeting held November 9, 1994, as
submitted. Voting in favor. Brad Fyle, Shirley Anderson, Warren Smith,
Dan Blonigen. Abstaining: Clint Herbst.
A motion was made by Warren Smith and seconded by Dan Blonigen to
approve the minutes of the regular meeting held November 14, 1994, as
submitted. Motion carried unanimously.
3. Consideration of adding items to the agenda.
A. Consideration of entering into ark aerement with H -Window
qomoanv concerning, futpe acouisition of Lots 1. 2. and 3. Block 1,
Oakwood Industrial Park Second Addition.
It was the consensus of Council to add this item to the agenda.
City Administrator Rick Wolfsteller explained that at the previous
meeting, Council discussed entering into an option agreement with H -
Window for Lots 1, 2, and 3, Block 1, Oakwood Industrial Park
Second Addition; however, since no one Brom H -Window was in
attendance at the meeting, Council decided that these lots would be
put on the market for We. Wolfsteller noted that after informing
Mr. Steve Lemme of H -Window of the Council's action, Lemme
requested that this item again be placed on the agenda and that
either he or a representative of the company would be in attendance
to discuss entering into an option agreement with the City.
Wolfsteller went on to explain that a purchase proposal has been
received from H -Window proposing that the price of the three lots be
revalued at $70,000 rather than stuffs proposed $79,360 due to a gas
line main that runs through one of the lots. In addition, H -Window
proposes that the City offer a 30% discount from the $70,000, which
results in a $49,000 purchase price as the base for an annual option
fee. It is also proposed that the annual option fee be figured using a
Page 1 0
Council Minutes - 11/28/94
fixed 5% annual interest rate for 10 years, and H -Window would
include a $1,150 annual payment for the estimated real estate taxes
for the three lots.
Wolfsteller also noted that tax increment financing would not be
available to writs down the land cost if H -Window purchased the land
at this time; however, if the City enters into an option agreement for
the lots, tax increment financing could be used in the future since H -
Window would not be considered the owner of the property.
Wolfsteller added that if the price of the land is lowered now, Council
may not want to use TIF later when H -Window purchases the
property, as that would lower the price even further.
Councilmember Smith suggested that perhaps a compromise could be
reached if Council agreed to a price in the range of $64,000.
After discussion, a motion was made by Warren Smith and seconded
by Shirley Anderson to approve entering into an option agreement
with H -Window for Lots 1, 2, and 3, Block 1, Oakwood Industrial
Park Second Addition, with a base purchase price of $64,000, a 5%
annual interest rate to determine the annual option fee for 10 years,
and H -Window to include a $1,150 annual payment for the estimated
real estate taxes. Motion carried unanimously.
Citizens comments/petitions. reauests. and complaints.
None.
Public hearing for modification of the redeYelopmenj, plan and boundaries
for Redevelopment Proiect No. 1 and modification of TIF Plan for District
d1-9 (Tapperal.
Mayor Fyle opened the public hearing.
011ie Koropchak, Economic Development Director, explained that Bill and
Barbara Tapper, dba Genereux Fine Wood Products, Inc., are proposing a
$700,000 expansion by adding an 18,000 sq ft production area and second -
floor mezzanine, which is projected to create 15 now jobs. Koropchak noted
that adoption of the proposed resolution would result in modification of the
TIF plan for District 1-9 and would increase its budget by $30,000. Surplus
funds from Districts 1.3, 1-5, and 1-6 would be used for assistance; and
since these districts and District 1.9 were certified before June 1, 1990,
there would be no HACA loss to the City. She also noted that fiends are
expected to be recovered by the end of the district life through taxes
generated.
Page 2 0
Council Minutes - 11/28/94
Koropchak went on to note that the 30 -day notice to the taxing jurisdictions
and the public hearing notice requirements per Minnesota Statutes have
been met.
There being no comment from the public, Mayor Fyle closed the public
hearing.
Mayor Fyle noted that he is opposed to the use of TIF for business
expansion, as it was his view that the project would likely continue without
TIF assistance; however, he did not oppose use of the Greater Monticello
Enterprise Fund for business expansion.
It was the view of Councilmembers Smith and Anderson that another
purpose of tax increment financing is to help solid businesses expand in
Monticello; therefore, they were not opposed to the use of TIF for this
expansion project.
After discussion, a motion was made by Clint Herbst and seconded by
Warren Smith to adopt the resolution modifying the Redevelopment Plan for
Redevelopment Project No. 1 and modification of plans for TIF Districts 1-1
through 1-17, specifically the plan for TIF District No. 1-9 for the proposed
expansion (Tappers). Vuting in fuvur: Clint Herbst, Wurren Su,ith, Shirley
Anderson, Dan Blonigen. Opposed: Brad Fyle.
SEE RESOLUTION 94.36.
Public hearing for adoption of TIF Plan for TIF District q 1-18 (River Mill).
Economic Development Director 011ie Koropchak reported that the proposed
12 -year pay-as-you-go Soils Condition District is being established to assist
with costs associated with reclamation of a mined gravel project in
conjunction with the proposed River Mill residential subdivision. Although
a Soils Condition District has a maximum life of 12 years, it is anticipated
that the district will be decertified in 1999 or upon collection of tax
increment sufficient to cover the $102,000 front-end investment made by the
developer. Koropchak stated that District q1-18 boundaries will encompass
the 72 -acre Krautbauer property, as it is necessary to excavate, grade,
spread, and respread the topsoils of the entire area in order to restore the
mined gravel pit as referenced in the Geotechnical Evaluation prepared by
Braun Intertec.
Koropchak went on to note that the 30 -day notice and public hearing notice
requirements have been met according to Minnesota Statutes. She also
noted that Steve Bubul of Holmes and Graven recommends that the public
hearing be held but that Council table adoption of the resolution until the
December 12 Council meeting to allow for approval of the annexation by the
Minnesota Municipal Board.
Page 3 6)
Council Minutes - 11/28/94
City Attorney Paul Weingarden reported that he talked with Mr. Bubul
regarding the recommendation to table adoption of the resolution. After
explaining that the request for TIF is a necessity in terms of proceeding
with the project and that the annexation will not proceed if TIF is not
available, Bubul indicated he would be agreeable to Council adopting the
resolution at this time to create the district provided it is specified that the
resolution becomes effective only after annexation is granted by the
Minnesota Municipal Board.
Mayor Fyle then opened the public hearing.
Councilmember Herbst questioned why the district boundaries as outlined
included the entire 72 acres rather than only the gravel pit area, and he
also noted that he is opposed to the use of tax increment financing for this
project. It was the view of Herbst and Councilmember Blonigen that the
cost of correcting the gravel pit site should be borne by the owner or the
buyer and should not be financed by TIF as proposed.
Rick Murray of Residential Development, Inc., stated that Braun Intertec
performed a soils investigation of the 72 -acre Bite, which found that unusual
soil conditions exist throughout the entire site. It was also noted that it
would take longer to recover the TIF money from a smaller area and that
the district can be decertified quicker if it covers a larger area. James
Casserly, economic development consultant representing the developer,
added that the long-term impact of the development will be dramatic, as
current taxes on the site are approximately $2,000 but should exceed
$300,000 in the future, with $50,000+ to the City.
Councilmember Herbst noted his concern with the design of the proposed
twinhomes in the development. It was his view that building design should
be varied throughout the site.
Assistant Administrator O'Neill reported that since the R-2 zoning and TIF
were last discussed, the developer and staff have met to discuss building
designs, landscaping, and building elevations that can be implemented via
the developers agreement. Rick Murray went on to outline building and
site design criteria that he has agreed to follow in conjunction with
development of the site.
Rick Murray added that the 21 twinhome buildings proposed in phase II
would be designed as rambler walkouts and not split levels as proposed
with phase I. He noted that he has met with City staff and the City
Planner to design a landscape plan which will provide a better separation
between the freeway exit ramp and the homes adjoining the freeway.
Page 4 D
Council Minutes - 11/28/94
There being no further comments from the public, Mayor Fyle closed the
public hearing.
Councilmember Smith stated that using tax increment financing seems to
be the best way to develop this area as a unit, as the City will gain
significant park land and eliminate the gravel pit. He also noted that the
developers have shown they are willing to work with the City in meeting
development concerns, and it was Smith's hope that the building design,
landscaping, and covenants will be worked out through the developers
agreement.
Councilmember Anderson questioned how residents can deal with covenant
violations.
The City Attorney explained that for the most part, they are private
covenants. Any item of a covenant that is also included in the city
ordinance can be enforced by the City; however, it was Weingarden's
suggestion that violations of private covenants be left as a civil matter.
After further discussion, a motion was made by Warren Smith and seconded
by Shirley Anderson to adopt the resolution adopting the TIF Plan for TIF
District N1-18 (River Mill) with Uie w►derst+u►ding that the resolution will
not take effect until annexation is granted by the Minnesota Municipal
Board. Voting in favor: Brad Fyle, Warren Smith, Shirley Anderson.
Opposed: Clint Herbst, Dan Blonigen. SEE RESOLUTION 94-37.
Consideration of resolgtions suaoortine annexation of the Robert
Krautbauer and Joe Abbot oronerties_in coniunction with final plat of the
River Mill subdivision.
Assistant Administrator O'Neill reported that at the previous Council
meeting, Joe Abbot reinstated his petition for annexation of his property
along with the Krauthauer property. Because the Council vote on the
annexation matter was 2.2, the petitioners requested that this item again
be considered by the full Council. O'Neill also noted that annexation is
contingent on the final plat and developers agreement being approved, in
addition to approval of annexation by the Minnesota Municipal Board.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith to adopt the resolutions supporting annexation of the Robert
Krauthauer and Joe Abbot properties subject to final plat approval,
execution of the developers agreement, and approval of annexation by the
Minnesota Municipal Board. Voting in favor: Shirley Anderson, Warren
Smith, Brad Fyle. Opposed: Clint Herbst, Dan Blonigen.
SEE RESOLUTIONS 94-38 AND 94-39.
Page 5
Council Minutes - 11/28/94
Consideration of recommendations from reevcline committee in reeard to
earbaee containers.
Public Works Director John Simola reported that the recycling committee
recently discussed the possibility of rainwater continuing to enter our
garbage since there are many garbage containers in the city without lids
and not all residents bag their garbage. In order to help lessen the amount
of rainwater entering the garbage, it is the recommendation of the recycling
committee that the City require all new homes constructed in Monticello to
use the garbage cart program, with either a 65 -gallon or 95 -gallon roll -
around cart, effective December 1, 1994. In addition, Simola noted that the
recycling committee also recommends that, effective April 1, 1995, all
garbage cans be required to have lids or require garbage to be bagged.
Notice of this new policy on garbage can lids can be printed in the
December recycling newsletter.
After discussion, a motion was made by Clint Herbst and seconded by
Warren Smith to adopt a policy effective December 1, 1994, that requires all
new homes in Monticello to use the cart program, and to also adopt a policy
effective April 1, 1995, requiring all garbage cans to have lids unless the
garbage is securely placed in plastic bags. Motion carried unanimously.
Consideration of adontine an ordinance reeWatine skateboardine/
rollerbladine in certain areas of the city.
City Administrator Wolfateller reported that the Police Commission has
recently reviewed ordinances from other cities pertaining to regulation of
skateboarding and rollerblading within each community. He noted that
although city hall has not received many complaints directly from business
owners, the City is aware that rollerblading and skateboarding within
business parking lots has been increasing and becoming a problem for some
business owners. Because these activities are not governed by the same
rules as bicycles, etc., technically, the Sheriffs Department cannot issue
citations when it becomes a problem. Adopting an ordinance regulating
these activities would allow the Sheriffs Department to use the ordinance
as a tool if the activity becomes a problem. Wolfsteller explained that the
ordinance as proposed primarily regulates rollerblading and skateboarding
as follows:
Eliminates skateboarding and similar activities from any B-3
(highway business) or B-4 (regional business) zoning area.
This would primarily encompass the downtown area and also
along Highway 25, out to the Mall, and south of I-94 along
Highway 25.
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Council Minutes - 11/28/94
The ordinance would also prohibit skateboarding, etc., on
private property without the express permission of the property
owner.
The ordinance would also prohibit skateboarding, etc., on
Highway 25.
Wolfsteller went on to note that the Parks Commission also reviewed the
ordinance and recommended that the City not prohibit rollerblading and
skateboarding on the new pathway system at this time since this may be an
appropriate area for these activities.
Assistant Administrator O'Neill stated that the ordinance as proposed may
be a little too strict, as many people use rollerblades as a form of
transportation. He noted that perhaps it could be softened a little by
removing language prohibiting rollerblading in the B-3 and B-4 areas and
adding language stating that citations would be issued to people
rollerblading or skateboarding in a reckless manner.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith to adopt the ordinance amendment after deleting language
pruhibiting rollerblading and skateboarding on any public sidewalk, street,
or any public parking lot situated in the Central Business District, and by
adding language making it an offense to rollerblade or skateboard in any
area of the city in a careless, reckless, or negligent manner. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 263.
10. Consideration of fundine a portion of a comprehensive sewer study.
Assistant Administrator ONeill reported that the City has been contacted
by Orrin Thompson Homes regarding potential development of 80-120 acres
in an area near the Oak Ridge development. In addition, Tony Emmerich
has indicated a strong interest in development of a 40 -acre site directly east
of the Oak Ridge development. O'Neill noted that although most of the area
proposed for development is within the Orderly Annexation Area, it is
outside the sanitary sewer service area; therefore, it is proposed that a
comprehensive sanitary sewer study be performed to review the existing
in&astructure and determine the best method and cost for providing sewer
service to the proposed development area as well as other desirable
development areas.
O'Neill went to state that the total cost of the study is $20,000, and it is
proposed that the cost of the study be divided as follows: Orrin Thompson
Homes, $8,000; Tony Emmerich, $7,000; and the City of Monticello, $5,000.
Both Tony Emmerich and Orrin Thompson Homes have agreed to pay their
proposed share prior to initiation of the study.
Page 7 0
Council Minutes - 11/28/94
Councilmember Anderson questioned whether the City will be able to
recover the $5,000 paid by the City for the study. The City Engineer noted
that the cost of the study could be funded through the sanitary sewer access
fees.
After discussion, a motion was made by Shirley Anderson and seconded by
Dan Blonigen to authorize a comprehensive sanitary sewer study at a cost
of $20,000 to be initiated contingent on Orrin Thompson Homes and Tony
Emmerich paying their portions of the study equaling $15,000. Motion
carried unanimously.
11. Consideration of bills for the month of November.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith to approve the bills for the month of November as submitted.
Motion carried unanimously.
There being no further discussion, the meeting was adjourned
Karen Doty
Office Manager
Page 8 02.
MINUM
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Wednesday, December 7, 1994 - 7 pm.
Members Present: Brad Fyle, Shirley Anderson, Warren Smith, Dan Blonigen
Members Absent: Clint Herbst
2. Public hearine on 1995 oronosed budeet.
Mayor Fyle opened the public hearing.
City Administrator Wolfsteller reported that in addition to the budget
changes made at the workshop session held on September 6, 1994, final
valuations have also been received from the County Assessor that resulted
in revisions to the original tax levy increase. He noted that the general
fund levy is proposed at an increase of an additional $6,655 as a result of an
increase of $7,405 for the additional salary requirements for the Mayor and
Council department and a reduction of $750 from the community
education/summer recreation budget. This increase was accomplished by
lowering the capital outlay fund by an equal amount.
Wolfsteller went on to Hutu U,at in the capital uutlay fund, the expenditures
proposed for the Meadow Oak Park improvements were lowered from the
original $89,000 to $45,000. The $44,000 reduction remains in the capital
outlay fund but was added to the $137,098 reserve for future wastewater
treatment plant expansion for a total of $181,098.
In addition, Wolfsteller reported that the final valuations figures received
from the County Assessor lowered our tax capacity value slightly from
$15,651,553 to $15,586,930, which resulted in the proposed 1995 tax levy
increasing by 4.43% rather than the 4% the Council had originally
anticipated. Wolfsteller noted that if Council wants to keep the tax levy
increase at 4%, the levy would need to be reduced by $11,780, which could
be deducted from the wastewater treatment plant expansion reserve, for a
total tax levy of $2,841,185.
Councilmember Blonigen noted that he would like to see the levy increase
remain at 4%. but it was his view that the reserve amount for the
wastewater treatment plant should remain as proposed at $181,098 and the
$11,780 should be deducted from other areas in the budget. Administrator
Wolfsteller suggested that the $11,780 could be deducted from the future
city hall expansion fLnd.
Page 1 0
Special Council Minutes - 12/7/94
Jerry Clement, 112 East 4th Street, questioned how the property valuations
are calculated, as one of his statements showed a 108.6% increase, and the
other a 10.5% increase. Administrator Wolfsteller explained how the tax
statements are computed and noted that Mr. Clement could contact the City
Assessor for a detailed explanation.
Mayor Fyle then closed the public hearing.
After discussion, it was the consensus of Council to deduct $11,780 from the
city hall expansion fund in order to keep the tax levy at the 4% increase.
The 1995 budget will be considered for adoption at the December 12 Council
meeting.
There being no further discussion, the meeting was adjourned
Karen Doty
Office Manager
Page 2 0
Council Agenda - 12/12/94
3A. Consideration of authorizing the City Engineer to complete an
Environmental Assessment Worksheet (EAW) associated with the
Slein Farms development, (J.O.)
A. REFERENCE AND BACKGROUND:
Due to the magnitude of the Mein Farms subdivision, it is necessary to
complete an environmental assessment worksheet which identifies
environmental impacts resulting from the development. The EAW process
requires that notice of the development be published in the Environmental
Quality Board publication (EQB Monitor), and the worksheet must be sent
to numerous agencies interested in environmental issues. After completion
of a comment period, the City Council will be asked to consider making a
"negative declaration" meaning that the Council does not see a need to
complete an environmental impact statement. Also, final plat approval is
contingent on completion of an EAW.
The City Engineer proposes to split the expense of the EAW with the
developer because the extension of the trunk sewer line by the City creates
the need for an EAW. On the other hand, it could be argued that the trunk
sewer line would not be extended if the residential development was not
occurring; therefore, the developer should pay the full share of the expensp
of the study. If the City pays auy aumwrt, it is suggested that the City
portion of the coat be funded via the trunk sewer fund. Please see the letter
from the City Engineer outlining the proposed scope of the EAW.
Motion to authorize completion of EAW as requested contingent on
the developer providing a deposit in an amount equal to one-half of
the estimated cost of the project, with the remainder funded via the
trunk sewer fund.
Motion to authorize completion of the EAW as requested but require
that the developer pay the Bill amount of the study contingent on
developer deposit.
C. STAFF RECOMMENDATION:
Staff recommends that the City pay for the portion that the City Council
believes is equal to the benefit provided to the City. Please note that the
City has never in the past paid any portion of an EAW required as a result
of a development proposal. In the case of Cardinal Hills, the developers
paid the full cost of the EAW; however, in this case, no trunk line was
extended. Bret Weiss will be available to provide additional information.
Letter (from City Engineer outlining scope of EAW.
Ab
DEC 08 '94 14:07 OSM rPLS. M P.2
Dear Jeff:
OSM is pleased to, this letter proposal to the City of Momioetlo for the preparation:
of an 1:'„ •,,.,—.—tal Assessment Wor_ktheat (EAW) for the, proposed Mein Farms
residendal development and associated sew euemsioa Noto*bOSM .,,
the.,,..,,, .,, ,i„• of EAW s, but we are himiliar with this area and the projeu sped8a
OSM has recently prepared PAW& for tae Cb y of Rmoklyn Park the City of Shrimper, and
Ooodbtte Courcy. We are famt w with applicable local and rate smadardi and rego>atiom
and understand how these usua need to be addressed in an EAW.
We are proposing to con&= the .,, .,, —,J raview proem for the City on this project
which will $:$chide preparation of the EAW. the abstract for publication In the FSS
hjQa m the public "oticad the FhMin s of Fact sad Draft Resolution for presentation
i to the City Council for action on the EAW. Our wrAc& to complete this process are
estimated to cost between 510,000 and $15,000. The range is neces&ary due .to the
unimowns associated wits the project, such eu data availability, number of meetingand the
creat of public comment Been the EAW Is triggered byboth the terror Menslcn and
the residendal detrolopn=4 it is proposed that the City share in the cost of this work with
the developer. It is anticipated that the process could be completed within approximately
3 mocha.
We have erdoyed our relwion&bip with the City of Monticello and would welcome the
opporamity to work with you and yaw staff on this project. Please let u& know if yon would
Me any additional information or if you would Mw to meet with us to discup the project
in greater detail.
Slnoaely.
01 N
A ASSOCIAMU6 INC.
Bret A. Weiss
Auodm
oho M. Mentor
vice President
30 - A
Off
.
December $ 1994
SoorR
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• Mr. Jeff Owen
61sd96dr76
City of MOmie0II0
• FAX s9esrt e
P.O. Bca 1147
2SO East StoadwW
Moatfcello, mbnesota S53aam
'
Dear Jeff:
OSM is pleased to, this letter proposal to the City of Momioetlo for the preparation:
of an 1:'„ •,,.,—.—tal Assessment Wor_ktheat (EAW) for the, proposed Mein Farms
residendal development and associated sew euemsioa Noto*bOSM .,,
the.,,..,,, .,, ,i„• of EAW s, but we are himiliar with this area and the projeu sped8a
OSM has recently prepared PAW& for tae Cb y of Rmoklyn Park the City of Shrimper, and
Ooodbtte Courcy. We are famt w with applicable local and rate smadardi and rego>atiom
and understand how these usua need to be addressed in an EAW.
We are proposing to con&= the .,, .,, —,J raview proem for the City on this project
which will $:$chide preparation of the EAW. the abstract for publication In the FSS
hjQa m the public "oticad the FhMin s of Fact sad Draft Resolution for presentation
i to the City Council for action on the EAW. Our wrAc& to complete this process are
estimated to cost between 510,000 and $15,000. The range is neces&ary due .to the
unimowns associated wits the project, such eu data availability, number of meetingand the
creat of public comment Been the EAW Is triggered byboth the terror Menslcn and
the residendal detrolopn=4 it is proposed that the City share in the cost of this work with
the developer. It is anticipated that the process could be completed within approximately
3 mocha.
We have erdoyed our relwion&bip with the City of Monticello and would welcome the
opporamity to work with you and yaw staff on this project. Please let u& know if yon would
Me any additional information or if you would Mw to meet with us to discup the project
in greater detail.
Slnoaely.
01 N
A ASSOCIAMU6 INC.
Bret A. Weiss
Auodm
oho M. Mentor
vice President
30 - A
Council Agenda - 12/12/94
Consideration of authorhdng feasibility studv for public
improyements associated with the Rlein Farms subdivision and
School Boulevard. (J.OJ
A. REFERENCE AND BACKGROUND:
City Council is asked to consider authorizing the City Engineer to complete
a feasibility study which would outline the design and cost of public
improvements supporting the Klein Farms subdivision. The study would
also include an analysis of the cost to complete School Boulevard. Tony
Emmerich requests the feasibility study in anticipation of completing the
project as a City improvement project rather than a private project.
Emmerich has agreed to place funds on deposit with the City in an amount
equal to the cost of the feasibility study.
Residential development projects recently completed on a public
improvement process include all four phases of the Cardinal Hills
development.
B. ALTERNATIVE ACTIONS:
Motion to authorize preparation of feasibility study for public
improvements associated with the Klein Farms subdivision and
School Boulevard contingent on developer deposit.
Under this alternative, the City Engineer will proceed on completion
of the feasibility study, which is the first phase of a public
improvement project. The deposit will be available to the City to pay
the Engineer in the event the project does not proceed past the
feasibility stage.
The public improvement project provides the City with better control
over the installation of utilities because the construction company
installing the utilities is under direct contract with the City. Under
this alternative, the cost of the project would be assessed directly
against the lots developed. A guarantee of at least 605 of the project
cost is provided as collateral to assure the City that assessments are
paid.
Council Agenda - 12/12/94
Motion to deny authorization to complete feasibility study.
Council should select this option if it prefers that the project be
completed on a private basis with the City Engineer and public works
department inspecting improvements completed by the developer's
contractor. This is the process that was used with the Oak Ridge
development.
Under this alternative, the full coat of development is paid directly by
the developer. The City is not involved in financing the project via
the special assessment process.
C. STAFF RECOMMENDATION:
The City has had a history of allowing the developer to choose whether or
not to complete construction of city improvements on a public or private
basis. Although private projects have been completed successfully, staff
prefers the public improvement process over the private process because it
affords better control over the contractor installing the utilities; therefore,
staff recommends alternative #2.
D. SUPPORTING DATA:
None.
Council Agenda - 12/12/94
3c. Consideration of reviewing aunllcation of trunk water main fee
reauirement. (J.O.)
A. REFERENCE AND BACKGROUND:
On November 14, 1994, the City Council authorized preparation of plans
and specifications for the sanitary sewer and water main extension to the
Gould Brothers Chevrolet, and Council approved a finance plan that
included a trunk water main requirement of $625/acre. A major reason for
initiating the trunk water fee in this case was to develop a fund to help pay
for the eventual extension of a water main under the freeway at a future
cost of about $120,000. Council is asked to determine if it was the intent of
Council to apply this fee city-wide and under what circumstances. A better
understanding of Council position on this matter is necessary in order to
complete financial planning and development agreements associated with
residential plats now in process.
Up until the Gould Brothers project, the City has not implemented the
trunk water main fee requirement due to the fact there have been no
significant City trunk water main expenses incurred by the City in
conjunction with recent projects. By in large, expenses associated with
looping, oversizing, or extending water main across undevelopable areas
have been incorporated into each construction project and paid directly by
the developer. Again, the Gould Brothers project was somewhat unique in
that it will result in a very large trunk expense associated with extending
water main across the freeway, which brought to light the need for the
trunk water main fee. Council is asked to review the attached table which
suggests certain trunk water fee criteria and to consider making
modifications to the table as necessary. In addition, Council is asked to
determine if it is appropriate to apply the trunk water main fee
requirement for projects such as River Mill and Eastwood Knoll where
significant financial planning has occurred without the weight of the
additional fee.
REASONS SUPPORTING A TRUNK WATER FEE PROGRAM:
Trunk water main fees also defray expenses associated with well and
water tower development which all developments should share
equally.
The trunk water fee program is simple to implement. Regardless of
the trunk water main expense associated with a project, the
developer pays a flat rate for access to the water system. It's a fee
based on an average cost to develop trunk water main systems on a
city-wide basis. Also, the trunk sewer fee operates on this same
Council Agenda - 12/12/94
principal. The logic supporting trunk sewer fees is very similar to the
logic supporting the trunk water. If you support a trunk sewer fee, it
should follow that you support a trunk water fee.
TRUNK WATER SYSTEM IMPLEMENTATION TIMING
In addition to discussing the application of the trunk water main fee,
Council is asked to consider issues associated with the timing of the
initiation of the fee. As you know, certain projects are deep in process, and
the trunk water main fee represents an unforeseen expense that could
impact project viability. Following is a review of each project in process.
Please review each project and determine if the trunk fee should be
implemented at this time. According to the criteria proposed for applying
the fee as noted in the attached table, Eastwood Knoll, Cardinal Hills, and
the River Mill area now within the city would not pay the trunk water fee
because an assessment for service has been levied against the property
already.
F"twood Knoll
Eastwood Knoll plat has been under development for some time. I do not
believe there are any extraordinary trunk water expenses associated with
development of the site. Implementation of the trunk water fee in this case
would cost the general fund $12,600, which amounts to about $430/lot.
Cardinal Phase V
Although Cardinal Hills Phase V has received preliminary plat approval, no
plans have been submitted for development of phase V. As far as I know,
there are no city trunk water main expenses associated with this phase.
The cost of trunk water with this phase is approximately $18,760 or
$60011ot. It is not known if this additional fee will impact project viability.
River Mill
River Mill plans are being finalized as we speak. Stag' will be meeting with
the developer soon to discuss the details of the development agreement.
Whether or not the trunk water main fee will be charged must be known
prior to entering this discussion.
In the case of River Mill, there are no new city trunk water expenses
associated with development of the plat. The developer will be paying for
all on-site costs associated with oversixing or looping the water main
system. The cost to the development if the trunk water main fee is applied
against all 72 acres is $46,000. If the trunk water fee is applied against the
township property only, the trunk fee would amount to $22,600.
Council Agenda - 12/12/94
The developer is aware that the trunk sewer fee will be required in
conjunction with the development of the township property ($43,000). The
trunk sewer fee is applied only to the township property because this
property paid none of the cost associated with development of the East 39
sewer/water project, whereas the city property was assessed for a share of
the cost.
As noted during the discussion of the use of TIF, the project needed TIF to
be viable. Adding an additional $22,500 - $45,000 to the project may sink
it. Perhaps the project would remain viable if the additional trunk expense
was funded as a surcharge on each building permit.
Klein Farms
The design and cost analysis of the water main system for the Iflein Farms
project is not completed at this time. It is likely, however, that there will be
some significant trunk water main expenses associated with development of
the site. Potential revenue from the site for trunk water main could
amount to $50,000.
B. ALTERNATIVE ACTIONS:
DECISION ONE - APPLICATION OF TRUNK WATER MAIN FEE
1. Motion to adopt criteria for defining which properties pay the trunk
water fee as noted on the attached table.
2. Motion to charge all new developments regardless of whether or not
the development has paid all or a portion of the cost to obtain water
service.
Under this alternative, Council believes that the City should "catch
up" by having existing approved developments pay for earlier
oversizing that had been previously paid by the City when it was the
City's policy to use general funds to pay for oversizing.
3. Motion to table the matter pending further study.
This agenda item was prepared at relatively late notion without the
benefit of organized input from the City Engineer or City Attorney.
Perhaps it is an item that needs further review and discussion.
C. STAFF RECOMMENDATION:
Staff recommends using the approach as outlined in the table.
Council Agenda - 12/12/94
DECISION TWO • APPLICATION OF TRUNK WATER MAIN FEE AS
IT APPLIES TO RIVER MILL:-
The
ILL:
The developers are at the final stages of assembling financing needed to
complete the project. Direction on this aspect of the project may be needed
before the project can proceed. Please note that decisions made in this
matter will be incorporated into the development agreement, which will not
be finalized until after the new Council is seated. It is not known to what
extent the decision on this matter today, by this Council, commits the
future Council.
Motion to require payment of trunk water main fee for the township
and/or the city properties developed in conjunction with the River
Mill subdivision.
Under this alternative, Council would determine that it is
appropriate for the River Mill subdivision to pay a trunk water main
fee. If Council limits the fee to the township property, it would cost
$22,250. If Council includes the city property, the fee would increase
to $45,000. Due to the fact that there ane no new direct city expenses
associated with development of trunk water main at this site,
perhaps it is appropriate that the fee be collected via a surcharge on
the building permit. Under the $45,000 option, the surcharge would
amount to approximately $450/lot.
In support of charging the fee for the city property that has already
paid a water main assessment, it could be argued that although no
new oversizing expenses will be experienced with the new
development, the fee is necessary to pay for oversizing expenses that
the City has absorbed to provide water main access to the site in the
first place.
It is not known what this added cost will do to the viability of the
project. It could be argued that project viability is not relevant.
What is more important is obtaining funds necessary to pay for
oversizing is the overriding goal.
Motion to withhold application of the trunk water main fee due to the
fact that the City will experience no new trunk water expenses
associated with development of the River Mill site.
Under this alternative, Council recognizes that there are no expenses
relating to extending trunk water main in conjunction with the River
Mill site, and significant planning and project development occurred
without this fee in place. Adding this fee at this time to the project
could reduce the viability of the project and associated gravel pit
reclamation. The increase in the water system hookup fees will be
Council Agenda - 12/12/94
used to offset general expenses associated with well and water tower
development, and the additional taxes from the site will also
contribute toward payment of existing City debt associated with
development of wells, water towers, etc.
D. SUPPORTING DATA:
Trunk water main application table; Meeting minutes of November 14,
1994.
TRUNK WATER W APPLICATION TABLE
0 Development areas "
Oakes I � Naas ml- fm I � I E^EM � Cuav DBw Obm Everson
Cdwna 101 prynrrrl • d a arvdapmnn
arete eq of Or mlrrle b@W. trunk water
las dub be pdd.
Loodad lnft wwt%* • w- radon rapulad x x x x x
for davoopmwo te ocar.
Extombn d Maar ws mein to Witmer
upsbaam wvu" ru*ked
In adn for to alte to to daxroepetl x x x x x x x
w1olm to r1b or not
Buskma brand outWb of d4' • amuntlon c x
raputred • no taxes avr ped b ot0•.
U • Oevebpmna meeb o ry d me com
. .. -p V molow won Mbnol
repdred.
RoMly tun abeedy pad an ansatrrrant
fa a mom panbn at M cod at to system x x x x
used Of has kny furl I M Coo tD sxterl0
water envloe to M sal.
Exbrp OubdbV ant wd In plam • x
no a^^_emeor Le4Arm0_dM Osmate
ITrmk Faea Oerwatatl (sawrrae) I 00 I $0 10 81/.7W W MGM I SIMAM 101,M g0.= t117.Q0p U.125 83.1281 W 87,123
/ 1M10r &unk war Intro PWM. CIO' My for N mMvArsthVsutpwraae. Now aevdoVrrerd rltsafrrl aft sow.
P" IN Insrn/ axprusa pbo a bunk MMOM a Ne uNd b pay br upabaon 0 -MMM.
Tnnk lane cwmft d us" devokpme lasape Wnos'M. Ibtw Clow -- to naloomm,
1
T R N K W AT. W K4: 12/09/94
Council Minutes - 11/14/94
10. Consideration of a resolution accenting feasibility stgdv. ordering Public
hearing. and ordering orenaration of plans and specification for sewer and
water utilitv extensions to the southwest area.
Assistant Administrator ONeill reported that a feasibility study was
prepared by the City Engineer in 1992 at the request of Stuart Hoglund and
John Michaelis for a project that proposes development of a lift station and
other trunk sanitary sewer improvements necessary to provide sanitary
sewer access to a large area referred to as the Southwest Area. The study
proposed two preliminary alternatives for providing sewer and water service
to this area. Subsequent to completion of the study, a third alternative was
proposed which allows lateral extension of sewer and water to be run on
property lines rather than on the Oakwood Drive right-of-way.
O'Neill stated that the area benefited directly by the project includes parcels
owned by Gehardt Everson, Milton Olson, Stuart Hoglund, Dean Carlson,
and John Michaelis. The general area that the lift station will be capable of
serving is bounded on the north by 1.94, on the east by Sandberg Road and
Highway 26, on the south by iliellberg West Mobile Home Park, and on the
west by Oakwood Drive as it turns south. The John Michaelis, Stuart
Hoglund, and Dean Carlson properties are located in Monticello Township.
Petitions for the improvement have not yet been received from Stuart
Hoglund and Milton Olson; however, they have expressed an interest in
obtaining access to city sewer and water.
O'Neill went on to report that Gould Brothers Chevrolet has received
approval from the OAA to expand their facility; however, John Michaelis
has indicated that he prefers to develop his facility with access to city water
and sewer. He has also stated, however, that in the event the city project
does not proceed, he will build a private sewer and water system to serve
his needs. O'Neill also noted that D & D Bus has also indicated a need to
access city utilities in order to be in compliance with EPA regulations.
O'Neill then reviewed the preliminary finance plan for the project and noted
that the figures are subject to the assessment hearing process. He noted
the lift station and force main cost is $101,000 and is proposed to be paid
tlu•ough the trunk sanitary sewer fee. It is proposed that the trunk
sanitary sewer fee be assessed at the time of development, which results in
a higher upfront cost for the City but will be recovered over time as the
Southwest Area develops. The total proposed trunk fee assessment from
the five parcels amounts to $64,626, with the City's share at $46,376.
O'Neill went on to review the lateral sewer expense at a total of $28,600.
This cost is proposed to be divided evenly among the five properties. O'Neill
noted that access to city water is immediately available to the area;
however, in the future, it will be necessary to construct a trunk water main
to serve the area at a cost of $120,000.
3C��9
Council Minutes • 11/14/94
Council went on to discuss trunk water fees. Public Works Director John
Simola noted that in the past, the City has picked up some looping and
oversizing cost. He noted that this project is small enough that it may be
easier for the City to absorb the cost of the trunk water expense. It was
noted that the City has an established trunk sewer fee and trunk water fee
of $1,250 per acre; however, the trunk water fee has not been charged in
the past due to the fact that many developers have been paying the entire
cost of extending water service to their development. Simola also stated
that the City has used excess funds from water access fees to fund
oversizing in the past.
Councilmember Herbst expressed his concerns regarding the City paying for
utility extensions to new developments. It was his view that the developers
should be paying their share of the coat associated with obtaining services.
He also noted that there are unique circumstances in this case that may
justify a reduction in the trunk water main charge. Perhaps the fee should
be lowered to half of the present $1,250 per acre charge.
The City Engineer suggested that the trunk water fee be charged to the
property owners at the time they tie into the trunk water service in order to
build up funds necessary for future projects, as it would be very difficult to
collect the fees once properties are tied in to the system. He also s"gested
that the trunk water fee be lowered to approximately $625 per acre, and
Council could review and raise the fee in the future as needed.
Assistant Administrator O'Neill requested guidance from Council on
establishing a policy for charging the trunk water fee for developed and
undeveloped township parcels that petition to be annexed, and also for
developed parcels currently located in the city and now requesting access to
services. He suggested that the trunk water fee charged could be phased in
with phase I of this project. Council could consider increasing the fee at
such time that new development occurs.
Atter discussion, it was the consensus of Council that the Milton Olson
property should not be charged the trunk water fee, as he has been paying
city taxes for many years and yet has no access to utility services.
Lastly, O'Neill noted that the lateral water expense estimated at $30,000 is
also proposed to be split evenly between the five property owners.
Assistant Administrator O'Neill reported that it is his understanding that
John Michaelis is agreeable to paying a deposit of $10,000 for the plana and
specifications in anticipation of the project moving forward; however, O'Neill
noted that he will need to verify this with Michaelis.
3t - C.
Council Minutes - 11/14/94
After further discussion, a motion was made by Clint Herbst to adopt a
resolution accepting the feasibility study, ordering a public hearing, and
ordering preparation of plans and specifications for sewer and water utility
extensions to the southwest area, with City staff implementing a trunk
water fee of $626, excluding the Milton Olson property. Motion is
contingent upon receipt of a $10,000 deposit from Michaelis to cover the coat
of preparation of plans and specifications. Motion was seconded by Dan
Blonigen and unanimously carried, with Shirley Anderson absent.
SEE RESOLUTION 9436.
Council Agenda - 12/12/94
Public Hearing—Adoption of 1998 budget and consideration of a
g
resolution settinthe 1995 tax levy. (R.W.)
REFERENCE AND BACKGROUND:
As part of the Truth in Taxation requirements, the City Council is required
to hold a second public hearing on the adoption of the 1995 budget and the
resulting tax levy. While the second meeting will technically be an
additional public hearing, the purpose of the new requirement delaying the
actual adoption of the budget and tax levy is to provide the Council and the
public with more time to digest the budget requirements proposed in case
additional changes are warranted.
Our original Truth in Taxation hearing was held Wednesday evening,
December 7, at 7 p.m. It was the Council's decision at that time to reduce
our original proposed tax levy by $11,780 to get us back to the 4% increase
that had originally been anticipated. The Council also recommended that
the $11,780 reduction occur from the proposed funds that were to be set
aside for a future city hall expansion project, thus reducing the original
budgeted reserve amount of $90,660 to $78,770. The reduction in the city
hall future expansion fund would allow the wastewater treatment plant
reserve account to remain as originally intended.
To briefly summarize, the original proposed tax levy that was adopted in
September proposed a maximum dollar amount of $2,852,966. The
preliminary tax levy would have amounted to an increase in our dollars
collected by $200,438. The Council's action at the public hearing
Wednesday evening reduced the total tax levy to $2,841,185, which is a
$188,668 increase over 1994's tax levy, or a 4% increase. At Monday night's
meeting, the Council will have one final time to consider any changes that
you may want to make to this budget and tax levy before adoption. As a
reminder, we would not be allowed to increase the tax levy over the
preliminary amount established in September, but you still would have the
latitude to lower it if you so choose. The resolution enclosed for adoption is
prepared under the assumption of the 4% increase with a total levy of
$2,841,186 as discussed at the public hearing Wednesday evening.
H. ALTERNATIVE ACTIONS:
After the close of the public hearing, and assuming no additional
changes have been made to the budget, the Council could adopt the
resolution setting the tax levy requirements for next year at
$2,841,185, a 4% increase over the 1994 level.
Council Agenda - 12/12194
The Council could adopt a final tax levy that is less than the amount
proposed, but in no case can it be higher than the $2,852,965 amount
established in September 1994.
C. STAFF RECOMMENDATION:
It is recommended that the resolution be adopted as proposed using the 4%
increase for a total of $2,841,185.
D. SUPPORTING DATA:-
Tax
ATA:Tax levy summary; Revised 1995 budget summary; Resolution for adoption.
Revised 10/6/94 - Based on a 48 levy increase with updated tax capacity
values from County.
ALTERNATIVE O1
TAX LEVY SUMMARY
1995 BUDGET
ALL FUNDS
• Actual levy collected from taxpayers --balance received from state in
HACA aid payments ($309,109 is est. State Aid for 1995).
•• Did not deduct HACA from library levy, but deducted library portion of
HACA from general fund levy.
NOTE: To keep 1995 levy increase to 40, the preliminary levy adopted
in September would need to be reduced by $11,780.
Net Payable**
Adjusted
Levy Before
1995 Adjusted
Levy
HACA Adj.
Levy After
Fund
Payable 1994 Payable 1995
Deducting RACA
General
$1,726,851
$1,884,015
$1,696,139
Library
29,510
30,735
30,735
Transportation
15,024
16,816
15,178
Shade Tree
18,004
25,960
23,425
OAA
26,401
29,450
26,544
HRA
15,255
17,850
16,088
Debt Service
600,863
706,400
637,098
Capital Imp. Revolving
220,619
439,068
395,978
TOTAL
$2,652,527
$3,150,294
$2,841,185•
Net Certified Levy Increase - $188,658
Payable 1989
Tax Capacity Rate
14.283
Payable 1990
Tax Capacity Rate
16.187
Payable 1991
Tax Capacity Rate
15.511
Payable 1992
Tax Capacity Rate
16.492
Payable 1993
Tax Capacity Rate
16.313
Est. Payable
1994 Tax Capacity
Rate. 17.527
Eat. Payable
1995 Tax Capacity
Rate. 18.228
(4.0• increase)
Tax
Tax
Capacity Value Capacity Rate
Tax Levy
'88/Payable 1989 $
15,405,139
14.283
$2,198,008
189/Payable 1990
15,873,242
16.187
2,568,106
190/Payable 1991
16,161,043
15.511
2,506,132
191/Payable 1992
15,513,574
16.492
2,558,554
192/Payable 1993
15,490,500
16.308
2,526,216
193/Payable 1994
15,154,786
17.527
2,652,527
194/Payable 1995
15,586,930
18.228
2,841,185
• Actual levy collected from taxpayers --balance received from state in
HACA aid payments ($309,109 is est. State Aid for 1995).
•• Did not deduct HACA from library levy, but deducted library portion of
HACA from general fund levy.
NOTE: To keep 1995 levy increase to 40, the preliminary levy adopted
in September would need to be reduced by $11,780.
1995 BUDGET SUMiI4ARY
(Based on 4.0% increase)
• includes $367,750 Depreciation --contributed assets
•• includes $165,930 Depreciation --contributed assets
1994
1995
FUND
REVENUE
EXPENDITURES
REVENUE
EXPENDITURES
General
$2,402,985
$2,402,985
$2,456,785
$2,456,785
Library
31,335
31,335
31,865
31,865
Transportation
70,647
70,547
67,479
67,229
Shade Tree
26,160
26,160
32,960
32,960
UDAG
10,845
85,000
11,695
-0-
OAA
29,800
29,800
29,800
29,800
HRA
352,210
272,035
414,700
321,771
EDA
218,710
2,110
118,770
201,440
SCERG
8,345
-0-
63,100
33,300
CM1F
-0-
-0-
13,320
13,320
Debt Sorvico
1,261,020
1,423,350
1,266,115
1,419,712
Liquor
1,487,125
1,479,495
1,540,900
1,483,625
Water
174,280
332,905••
182,350
411,000••
Sewer
464,785
812,985•
505,900
862,575•
Capital Imp.
278,190
282,195
493,468
493,468
Water Access
15,550
26,000
24,400
-0-
Sewer Access
14,675
35,000
33,550
-0-
TOTAL
$6,844,162
$7,311,402
$7,287,157
$7,859,850
• includes $367,750 Depreciation --contributed assets
•• includes $165,930 Depreciation --contributed assets
RESOLUTION 94-
RESOLUTION
4
RESOLUTION ADOPTING THE 1995 BUDGET AND
SETTING THE TAX LEVY
WHEREAS, the City Administrator has prepared and submitted to the City Council a budget setting
forth therein his estimated needs of the City of Monticello for all operations and the debt service for
the fiscal year commencing January 1, 1995; and
WHEREAS, the City Council has reviewed the same and has made such changes therein as appear
to be in the best interest of the City of Monticello;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO
that the budget so submitted by the City Administrator, together with the changes made therein by
the City Council, be and same hereby is adopted as a budget for the fiscal year commencing
January 1, 1995; and
BE IT FURTHER RESOLVED by the Council of the City of Monticello that there be and hereby is
levied for the fiscal year commencing January 1, 1995, and the following sums for the respective
purposes indicated therein upon the taxable property of the City of Monticello, to wit:
The above resolution was introduced by Councilmember , was duly seconded by
Councilmember , with the following voting in favor thereof:
The following voting in the opposition:
The City Administrator is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Wright County, Minnesota.
Adopted this 12th day of December, 1994.
Mayor
City Administrator
S- G
NET CERTIFIED
REVENUE
I EVSC
HACA
LEY
General
$1,884,015
$187,876
$1,698,139
Library
30,735
-0•
30,735
OAA
29,450
2,906
26,544
HRA
17,850
1,782
18,088
Tree
25,960
2,535
23,425
Transportation
18,816
1,838
15,178
BEBT RETIREMENT
Debt Service Fund
$ 706,400
$ 89,302
$ 637,098
CAPITAL IMPROVEMENTS
Capital Improvement Revolving
$ 439.068
8 43.090
$ 395.978
TOTAL TAX LEVY
$3,150,294
$309,109
$2,841,185
The above resolution was introduced by Councilmember , was duly seconded by
Councilmember , with the following voting in favor thereof:
The following voting in the opposition:
The City Administrator is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Wright County, Minnesota.
Adopted this 12th day of December, 1994.
Mayor
City Administrator
S- G
Council Agenda - 12/12/94
Consideration of simple subdiyision allowing the subdivision of the
Tom Brennan orooerty located lust north of 1-84 between Minnesota
and Elm Streets- Aonlicant. Tom do Elraine Brennan. W.O.)
A. REFERENCE AND BACKGROUND:
Tom and Elraine Brennan request permission from Planning Commission
and City Council to allow their single 25 -acre parcel to be subdivided into
two parcels. According to the subdivision ordinance, this request represents
a simple subdivision which can occur without formal platting. Brennan
proposes that the new property line be placed along the alignment line
previously approved by the City Council as the proposed alignment of 7th
Street as located between Minnesota Street and Elm Street. In accordance
with the general policy governing simple subdivisions, it will be required
that the City be provided a 12 -ft utility easement around three sides of both
properties, and a 12 -ft roadway and utility easement on both properties
along the 7th Street property line. At such time that the property is
platted, the City will obtain the balance of the area needed for the road
alignment. City staff is not suggesting that the City obtain the full right-of-
way for 7th Street at this time hemiise hoth Properties created have access
to a right-of-way at another location. Therefore, the City does not have the
authority to obtain the full right-of-way at this time.
B. ALTERNATIVE ACTIONS:
1. Motion to approve simple subdivision request. Motion is contingent
on Brennan providing roadway and utility easements as requested.
2. Motion to deny the simple subdivision request.
STAFF RECOMMENDATION:
It is the recommendation of City staff that the simple subdivision be
approved as requested. Subdivision of the land matches the proposed
alignment of the 7th Street right-of-way, and the lots created will meet City
standards. At such time as the property is further subdivided and platted,
the City will obtain necessary drainage pond easement areas and full 60 -ft
road right-of-way. Also, if the PZM area develops for residential uses, a
park dedication fee will be required.
D. SUPPORTING DAM -
Copy
Tom:
Copy of area map and survey showing location and roadway alignment.
W,9,7rN,
A
i '
o i/we�iii,, I
SECTION 11)
i
I •7
1 It—
'3F.-,C 1'(ON 1'1 1'
•. • .•� .: y irw•r ■ psr..l
CERTIFICATE OF SURVEY
FOR
TOM BRENNAN
LOT
,.\ NE 114
0.90 Ams
NW
114
\ .•`
\
.�\
OF THE!
_,«..« ».,., ire's.'
OF THE
i
Sw il�r
CERTIFICATE OF SURVEY
FOR
TOM BRENNAN
11-1-5: CONDITIONS FOR RECORDING: No plat of any subdivision shall be
entitled to record in the Wright County Register of Deeds Office
or have any validity until the plat thereof has been prepared, approved,
and acknowledged in the manner prescribed by this ordinance.
11-1-6: BUILDING PERMITS: No building permits will be considered for
Issuance by the City of Monticello for the construction of any
building, structure, or improvement to the land or to any lot in e
subdivision as defined herein until all requirements of this ordinance have
been fully complied with. //-(,- f . 'Po/k_ T?1d. 4&.fnqS
11-1-71 EXCEPTIONS: en requesting a subdivision, if either of the
follo/hrough
conditions exist, the subdivider is required to
present a certof survey, have the subdivision reviewed by the
Planning Commiseviewed and approved by the City Council, and adhere
to the park on requirements spelled out in the ordinance,
Section 11-6-1 11-6-5, and all other subdivision requirements shall
be waive_ "p -i, A-+ Ar_Oi.
-1 P2M Asea 0.. /p
(A) In the case of a request tW divide a lot which is part of an existing
lot of record where the division is to permit the adding of a parcel
of land to an abutting lot or to create two lots and the newly created
property line will not cause the other remaining portion of the lot
to be in violation with this ordinance or the zoning ordinance, except
that no such division of a lot or parcel shall be permitted when said
division shall create a lot or parcel that is in violation of
Chapter 8, Subdivision 11-8-1, of this ordinance.
(9/9/85, •148)
(B) Such division results in parcels having an area of five (5) acres or
more with frontage on a public right-of-way measuring three hundred
(300) feet or more and when such division does not necessitate the
dedication of a public right-of-way; or if a lot which is part of a
plat recorded in the office of the Register of Deeds of Wright County
is to be divided and such division will not cause any structure on the
lot to be in violation of the Zoning Ordinance or said new portions
of lots to be in violation of City Ordinance.
(7/17/77, #33)
11-1-81 SEPARABILITY$ If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of
this ordinance.
11-1-91 CONFLICT: Whenever there is a difference between minimum
standards or dimensions specified herein and those contained in
other official regulations, resolutions, or ordinances of the City, the
highest standards shall apply.
MONTICELLO SUBDIVISION ORDINANCE TITLE XI/Chet 1/Page 1
G - C✓
Council Agenda - 12/12/94
7. Consideration of a tonin¢ man Amendment which would rezone the
Elegnor Malone prooerty from R.2 (single and two-family
residential) to PS (oublic and semi.nubHe uses). Aunticant- Eleanor
Malone/St. Henrv's Church. W.O.)
A. REFERENCE AND BACKGROUND:
For the sake of efficiency, staff provides the supplement provided to the
Planning Commission on this matter. Please note that the Planning
Commission selected alternative #1 with the reasons stated therein.
D. SUPPORTING DATA:
Planning Commission agenda supplement of 1216/94 regarding request to
rezone from R-2 to PS; Planning Commission agenda supplement of 10/4/94
regarding establishment of PS zoning district; September 29 memo from
Steve Grittman regarding establishment of PS zone; Planning Commission
agenda supplement of 10/4/94 regarding St. Henry's previous rezoning
request to rezone from 1-1 to PS; September 1 memo from City Planner
regarding St. Henry's rezoning request from I.1 to PS; Copy of public
hearing notice; Excerpt from comprehensive plan; Maps depicting area of
proposed rezoning request; Copy of proposed ordinance amendment for
adoption.
Planning Commission Agenda - 12/6/94
S. Public Hearine—Consideration of a zoning man amendment which
would rezone the Eleanor Malone property from R•2 (single and
two-family residential)�o PS (nubile and semi-public uses.L
Aonlicant. Eleanor Malone/St. Henrv's Church. W.O.)
A. REFERENCE AND BACKGROUND:
The proposed zoning map amendment is submitted subsequent to a recent
associated request to rezone 30 acres of the Gladys Hoglund property from
industrial uses to public and semi-public uses in conjunction with the
relocation and expansion of St. Henry's Catholic Church. During the
discussion of the Hoglund rezoning, it was noted that the Church had also
established a purchase agreement with Eleanor Malone for acquisition of an
8 -acre parcel, which is located directly north of the Hoglund property and
south of the little Mountain Settlement/Rand Mansion area. When the
approval of the Hoglund rezoning from I-1 to P -S was granted, it was noted
to St. Henry's Church that if they intended to use the Malone property for
church uses, then they would need to get a separate conditional use permit
under the R-2 zoning district designation.
Under the ordinance amendment as proposed, the Malone property would
be designated specifically for public and semi-public uses, which further
limits the uses allowed at this location. Under the proposed ordinance,
public parks, public buildings, cemeteries, and government administrative
offices are allowed as permitted uses. The list of conditional uses in this
zoning district include public and private educational institutions, religious
institutions, and storage of vehicles and equipment accessory to the
allowable uses in that district.
B. ALTERNATIVE ACTIONS:
Motion to amend the zoning ordinance based on the finding that the
proposed amendment is consistent with the geography of the area,
consistent with the character of the area, will not result in a
depreciation of adjoining land values, there is a demonstrated need
for the use, and the use is consistent with the comprehensive plan.
Under a motion to approve the rezoning, Planning Commission could
make a finding similar to the finding used to support the rezoning of
the Hoglund property from I.1 to PS uses. A complete copy of the
staff report relating to the Hoglund rezoning request is attached for
your review. Information contained therein can become a basis for
the finding relating to the Malone rezoning request.
7_4
Planning Commission Agenda - 12/6A.4
The land use guide plan identifies multiple family uses for the area
Designating the area on the zoning map specifically for PS uses in
anticipation of church development could be deemed to be consistent
with the comprehensive plan because church uses are allowed
residential uses. Also, the request could be deemed to be consistent
with the comprehensive plan due to consistency with item 6 of the
Community Facility Plan which states, "Churches should have an
ample site for building, landscaping, potential expansion, and off-
street parking. Parking should be provided on the maximum design
capacity. Churches should be located adjacent to a thoroughfare or
collector street and have easy access to the area served. They should
not be located on minor residential streets and in the midst of
residential neighborhoods."
Under this alternative, the Malone property would no longer be
eligible for single and two-family residential development. A
conditional use permit process would continue to be in place providing
the City some control over site dedevelopment. Under the conditional
use permit process, the site development conditions can be employed
to ensure compatibility between the proposed church uses to the
south with PZM/Uttle Mountain/Rand Mansion uses to the north and
west.
Motion to deny the proposed rezoning request.
This alternative should be selected if the proposal is inconsistent with
the geography or character of the area. Perhaps there is a view that
development of a church facility next to the Little Mountain
Settlement and Rand Mansion area will be a problem as compared to
the existing zoning.
It is the view of City staff that the zoning ordinance amendment should be
approved as proposed. It is our view that PS uses at this location are
preferred to R•2 uses. Under the proposed zoning ordinance amendment,
the City retains control over development of the site through the conditional
use permit process. As a result of the change, the zoning map will more
accurately reflect the intended land use for the area.
Planning Commission Agenda - 12/6/94
D. SUPPORTING DATA:
Excerpts from previous Planning Commission agenda items relating to the
establishment of the PS zoning district and relating to the rezoning of the
Hoglund property from I-1 to PS uses; Copy of public hearing notice; Copy
of site plan showing land purchase by St. Henry's Church including Malone
property; Excerpt from comprehensive plan.
—co
a
Planning Commission Agenda - 10/4/94
Public Hearing—Consideration of amendments to the zoning
Qrdin"noe eslablishina zoning district dpsiffatign gatithjd "Public
and Semi•Publig Uses (PS)". Aonlicant. Monticello Planninq
Commission. (J.0.)
A. REFERENCE ANi) BACKGROUND:
As you recall, the Planning Commission authorized preparation of an
ordinance amendment that would establish a zoning district. specifically
designed to regulate institutional land uses which were previously allowed
as a conditional use in the residential zoning districts (R-1 through R-3).
One of the reasons for establishing this zoning district is to allow a property
to be zoned specifically for an institutional use without the risk of the
property being used for residential uses. The zoning ordinance amendment
proposed would allow a church to be located at the Hoglund site but would
not allow the residential uses under the "R" district designation.
At this time, it is proposed that the PS zoning district designation be
established in conjunction with the St. Henry's Church/Gladys Hoglund
rezoning application. At some point in the future, it may be necessary to
review other existing institutional uses currently in operation and consider
making a zoning map amendment that would place such institutional uses
in the PS zoning district designation. Of course, such uses could include the
Little Mountain/Middle School area, Pinewood School, Hospital District, and
other church uses. Please note that institutional uses now operating in
residential districts under existing conditional use permits would remain as
conforming uses. Establishment of the new zoning district regulations
regulating institutional uses will have no effect on existing schools,
churches, etc. All existing Hiles governing such uses as located remain in
effect.
Please review the memorandum from the City Planner regarding this topic
and study the draft ordinance carefully.
R. ALTERNATIVE ACTIONS:
Motion to approve establishment of the PS (publiclsetri-public) zoning
district based on consistency with one or more of the five factors
below:
7-0
Planning Commission Agenda - 10/4/94
Relationship to comprehensive plan
Geographic area involved in the request
Tendency of proposal to depreciate the area
Character of the surrounding area
A demonstrated need for the use
2. Motion to deny establishment of the PS (publiclsemi-public) zoning
district. Motion to deny the proposal should be based on one or more
of the five factors to consider when analyzing a zoning amendment
request.
STAFF RECOMMENDATION:
According to the City Planner and according to my experience with other
communities, it is very common for cities to have a special zoning district
regulating public and semi-public uses. As noted in Steve Grittman's
memo, institutional uses which are now allowed in a variety of zoning
districts should be regulated separate from other district designations which
have operational characteristics that are distinct from either residential or
commercial land uses. It is our view that it makes sense to establish this
new zoning district designation not solely for the purpose of addressing the
Hoglund/St. Henry's Church situation. Therefore, there is a demonstrated
need to establish this zoning district designation for the benefit of the
community as a whole.
Memo from Steve Grittman; Draft ordinance.
7—C
Nr
08:25 NAC 612 595 9857 P.10i16
rN Northwest Associated Consultants, Inc.
Cj UASA M ►L A MM I Ma • DESIGN • MARK 8T A Ae K A AC M
MEMORANDUM
TO: Jeff O'Neill
FRAM: Stephen Grittman
DATE: 29 September 1994
RE: Monticello - •P -S•, Public/Semi-Public Zoning
District
PILE NO: 191.06 - 94.13
This memorandum forwards a draft of a new zoning district entitled
•P-80, Public/Semi-Public District. This district is proposed to
be established in those areas where institutional land uses are
proposed which were previously addressed by Single Family Zoning.
This district is designed to accommodate the unique needs of
institutional uses which have operational characteristics which are
distinct from either residential or commercial land uses.
Only a few uses were placed in the Permitted Use section of the new
district, reserving moat of the primary uses for the Conditional
Use section. This to to permit the City to consider obucific sites
for institutional uses which seem to be appropriate, t which may
not have strict land use plan support. Zn many cases, the •P -S"
District will appear as a •spot sones on the Zoning bap. However,
if the City considers the required factors for zoning amendments,
and the particular conditions for the proposed use, such 'spot
zoning* should not be considered negatively.
The five factors which the zoning Ordinance lists for Planning
Commission consideration in amendments are summarized as zollows:
1. Relationship to the Camprehansive Plan.
2. Geographic area involved in the request.
3. Tendency of the proposal to depreciate the area.
4. Character of the surrounding area.
5. Demonstrated need for the use.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55418 • (812) 595.9838 -Fax. 595.9837
SEP -29-1994 08:25 NFIC 612 595 98.37 P.11i16
in consideration of the Public/Semi-Public District, we believe
that it permits more effective implementation of the Campreheaaive
Plan Goals and objectives by avoiding the location of institutional
uses in areae vhich are ill suited for the intensity of activity
which such uses can generate. As a result, the Planning Commission
should be able to make a finding of fact that through the adoption
and application of the P-6 Zoning District, each of the five
amendment factors will result in more effective land use regulation
and compatibility.
7,6
C`_
Planning Commission Agenda - 10/4/94
b. Public Hearina—Consideration of amendments to the jofficial z4ninq
map of the city of Monticello. Proposed is a change from I -i (light
industrial) to PS (public and semi-public uses). Aaplicant. St.
Henrds Church/Gladva Hoglund). (10.)
A. REFERENCE AND BACKGROUND:
As you recall, at the previous meeting of the Planning Commission, a public
hearing was held at which time a request was made to rezone 35 acres of
the western portion of the Gladys Hoglund property from I-1 uses to a
residential district designation which would allow future development of a
church campus. As a result of the discussion, it was determined that
perhaps it is not appropriate to rezone the property for residential uses,
thereby opening the door for the possibility that residential uses rather than
a church use would ultimately develop at this location. In an effort to block
this possibility, it was determined that the Planning Commission would look
at establishing a public and semi-public use district and consider zoning the
area under consideration accordingly.
Subsequent to the meeting in September, it is my understanding that
St. Henry's Church was contacted by the Malone family regarding the
potential sale of the Malone property to the church. This is significant
because the Malone property is located directly to the northwest of the
Hoglund property. The Malones own approximately 7.5 acres of land zoned
under the R-2 designation. Purchase of the Malone property by the church
reduces the church's need for industrial land and results in a reduction of
land converted fi-om industrial uses to PS uses from 35 acres to 30 acres.
Please see the map information for detail. For your information, I have
included a copy of Steve Grittman's report relating to the issue from the
previous agenda supplement. As always, review Grittman's document; and
in your motion for approval or denial of the zoning map amendment, relate
your decision to:
Relationship to the comprehensive plan
Geographic area involved
Tendency of proposal to depreciate the area
Character of the surrounding area
Demonstrated need for the use
Motion to approve request to rezone the 30 -acre Gladys Hoglund site
from 1.1 to public and semi-public uses.
Assuming that the Planning Commission amended the comprehensive
plan accordingly as part of the previous agenda item, the Planning
Commission could make its finding of approval of the rezoning
` 7o14
Planning Commission Agenda - 10/4/94
request based on consistency with the comprehensive plan. In terms
of geographic area involved and character of the surrounding area,
the church use would be consistent with the Little Mountain
Settlement area, the Rand Mansion, and would not result in severe
conflicts with the industrial area if the site and internal roadway
systems are configured properly.
In terms of the demonstrated need for the use, as you know, the City
has an abundant supply of industrial land to satisfy development
needs for the next I5-20 years; therefore, the proposed rezoning
should not have a short-term impact on industrial land inventory. At
the same time, however, the City should not remove land from the
industrial land supply without recommitment to the goal of finding a
suitable industrial area at a new location at an isolated location west
of Highway 25. As you recall, the goal of finding an alternative
industrial site was established in conjunction with the decision to
maintain the comprehensive plan as designated with regard to the
Klein farms development.
Motion to deny request to rezone the 30 -acre Gladys Hoglund site
from I-1 to public and semi-public uses.
Under this alternative, the Planning Commission could make a
finding that it is not appropriate to rezone the area for PS uses due
to the fact that the proposal is not consistent with the comprehensive
plan. Arguments could be made that although the proposal is
consistent with the geography and character of the surrounding area,
a demonstrated need for the use has not been established. It could be
argued that there is sufficient residential land inventory throughout
the community that would allow for space necessary for the church
use. Why remove revenue-producing industrial land from the city
inventory when other residential land for church uses is available.
C. STAFF RECOMMENDATION:
It is our view that a good case can be made for each side. From a land use
standpoint, the request is reasonable and workable. From a narrow
economi*Uz base standpoint, it would appear that We best to leave the
property industrial. From a "community development" standpoint, the
development will provide subjective societal benefits that could exceed the
concrete economic benefits that the higher tax base would provide. It's your
call.
D. SUPPORTING DATA:
Copy of previous report Eom City Planner, Copy of church site plan; Copy of
public hearing notice. qy
' O O
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SE08:53 MqC 612 595 9657 P.02iO3 Northwest Associated Consultants, Inc.
Cj URBAN PLANN1 NO • 0151 ON • MARKET RES E A RCN
MEMORA IM
TO: Jeff O'Neill
FROM: Stephen Grittman
DATE: 1 September 1994
RE: Monticello - St. Henry's Church Zoning Amendments
FILE NO: 191.07 - 94.07
This memorandum is intended to summarize our comments regarding the
St. Henry's Church proposal for the rest portion of the Hoglund
property. The reTiest is to rezone a certain portion of the
Industrial acreage to R-1 to accommodate the institutional land
use.
1. One concern relates to the possibility
that the property may be rezoned, but never utilized as a
church facility, after which a developer may attempt to plat
a single family subdivision in accord with the new R -i zoning.
It would be possible for the City to rezone the land back to
I-1 if it believed that the church development were not likely
to take place. in addition, the underlying Comprehensive Plan
land use would not support single family, a possible reason to
deny any single family plat proposal, although the courts have
been trouble for cities whose zoning is too far at odds with
the land use plan.
A second option would be to rezone the land to Planned Unit
Development, rather than R-1. Under PGD zoning, the City
could permit a church facility/codex, but not give up
control to a potential single family plat. in this way, the
underlying land use plan and policies would control any plat
proposal more positively.
2. cep■i teaav milk co�raheaeiw Pia". Another concern relates
to the use of the property by the church facility when the
Comprehensive Plan calls for Industrial. Since the land use
plan does not specifically identify areas for new
institutional use location, it is often left to the policy
5775 Wayzata Blvd - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595.9837
7"Y
SEP -2-199a 08:53 NFC 612 595 9837 P.b.340j
section of the plan to determine when a church proposal is
consistent with the plan. Just as when a church develops on
&-1 land guided in the plan for single family, the permit for
the church should identify Comprehensive Plan policies which
support the decision.
3. industrial/Institutional Land Qsg Comgatibility. The
utilisation of existing industrial land supply for non-
industrial uses is an issue which was discussed as -a part of
the Klein -Emmerich proposal. It is our opinion that the
eastern area of the community is of much higher value as non-
industrial land use, particularly where the transportation
system does not support the truck traffic to be generated. on
the property in question, the eastern portion could reasonably
develop industrially, due to its potential access to the area
of the intersection with County 117 and County 75.
However, the westerly portion is adjacent to residential
neighborhoods, through which some truck traffic may be
encouraged to travel. The location of the church facility on
the west end of the property may mitigate this concern
somewhat. To be recognized is the fact that churches,
particularly large ones, can generate significant levels of
traffic throughout the week.
4. Industrial Laced Uses. Penerally. This proposal again raises
the issue of industrial land supply on a community wide basis.
As we had advocated in the previous Me= rich/Klein proposal,
and as supported in the Chelsea Corridor study, the City would
be well served to proceed to establish an alternative location
for industrial land uses which will not conflict with existing
commercial and residential traffic or land uses.
Since the location of the School complex is a fact,
residential development will continue to follow the school,
and the 25/94 interchange area in already congested with
commercial traffic, our recommended location for future
industrial expansion is to the west of the City. The St.
Henry's proposal would fit well with these plana. If this is
not the intent of the City, and industrial uses are desired
for the easterly and southerly portions of the community, the
City should iamlediately seek alternative areas for commercial
and (especially) residential growth. The current growth areas
will rapidly lose their attractiveness for residential
development as industrial land uses expand in the current
locations.
7-�
TOTFI P.O.
NOTICE or PUBLIC ILFARINO,
Notice is hereby given that public hearings will be held by the City of
Monticello Planning Commission on nJamahm=6rh , 1994 , at
7 p.m., in the Monticello City stall to consider the following matterst
al zoning
p to rezone
PUBLIC HEARING: R°districtotoof amendment to the PS. Applicants: ELeanoriL. Malone ann
d St. Henry's
Catholic Church
Location: See soap below
0
1 ha
Written and oral testimony will be accepted on above subjects, and all
persons desiring to be heard on referenced subjects will be heard at
this meeting.
NOTEt Decisions of the Planning Commission will be subject to the
approval or denial of the City Council and will be heard on
Monday, DeG mber 1A 19JA, at 7 p.m., at the
Monticello City 11all.
tGW R�n;�oonliWAdmin etre o
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COMMUNITY FACILITIES POLICY
1. Presently, the development of land for public facilities such as
parks and playgrounds is considered more important than the
acquisition of such land. However, with respect to acquisition,
land must be purchased before proper sites are usurped by
private developments or high land prices make acquisition
unfeasible. It is a desirable goal of the City to balance
acquisition and development efforts.
2. A11 public facilities are to be developed according to generally
accepted standards and the results of thorough study.
3. Where feasible, private developers will be required to set aside
a portion of their land for public user where this is not
feasible or desirable, developers will be required to contribute
cash in lieu of land, with such money to be utilised for the
purchase and development of recreational facilities.
4. School facilities should be fully utilised by making building
and land available to the public for use when such does not
conflict with normal function of the school facilities.
S. Private developers will not be required to donate land for
school sites.
6. Churches should have an ample site for building, landscaping,
potential expansion, and off -Street parking. Parking should be
provided on the maximum design capacity. Churches should be
located adjacent to a thoroughfare or collector street and have
easy access to the area served. They should not be located on
�d pl t s minor residential streets and in the midst of residential
.�- neighborhoods.
7. The City should not accept substandard lands such as swamps,
power line easements, etc., for the development of park lands.
This shall include lands laid out in subdivision plans.
Ogen Space Policies
I
Before delineating open space policies, a definition of the term is i
necessary. Traditionally, open apace has been primarily defined as
that area which in retained in or restored to a condition where
natural oyotems predominate and which may be used for recreation, or
preservation purposes. Open space was often regarded as a separate
and contained entity usually under the ownership of a governmental
jurisdiction.
Recent trends indicate that open space, like the people it serves, is
becoming more directly integrated with its surroundings. Becoming
more a part of the total urban fabric, open space is being more
closely integrated into the urban living and working environment.
Because of this integrating phenomenon, many of the advantages and
responsibilities of open space are equally applicable to public and
private lands.
I'M
. 1%2 OF SECTION 12
fii
' F.:A,i - Rezoning from R2 to Pg
die may'+
f OT 9 LOT
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am 100 awo.0. 1 I �`
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06
.94
211
COMPREHENSIVE
GUIDE PLAN
•
T
a EXCERP
4
bingle..Fa --------
Church uses are allowed as a CUP in
residental zones, therefore, the hfultiple Y1 mily
rezoning to PS for a church u Be in7
consistent with this designation.
Commercial - i.
,/thdustrial
�PubllcfOuasi—Public
Proposed Perk — ---------
36
.ILL!
. . . . . . . . . . .
i...........
7"'
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, HEREBY ORDAINS
THAT THE OFFICIAL ZONING MAP BE AMENDED AS FOLLOWS:
Rezone approximately 7.5 acres as indicated on map below from R-2 (single
and two-family) zoning designation to PS (public and semi-public uses) zoning
designation.
Adopted this 12th day of December, 1894.
Mayor
City Administrator
7-P
Council Agenda - 12/12/94
e. Consideration of River Mill TIF IlLnd use Dian consistencv pvith
comprehensive nlan (resolution establishine TIF District 1.18). (O.K.)
A. REFERENCE AND BACKGROUND:
The enclosed resolution is substantially the same as Resolution No. 94-37
approved by the City Council on November 28, 1994, with the changes as
outlined in a letter dated December 6, 1994, from HRA Attorney Steve Bubul
to Jeff O'Neill.
The City Council is requested to adopt the revised resolution, which is
essentially a house -keeping matter intended to correct technical deficiencies in
the record.
B. ALTERNATIVE ACTIONS:
1. A motion adopting the revised resolution relating to the modification by
the HRA of the Redevelopment Plan relating to Redevelopment Project
No. 1, the modification of TIF Plans relating to TIF Districts No. 1.1
through 1-17, and the establishment of TIF District No. 1-18, all located
with Redevelopment Project Plan No. 1, and the approval and adoption
of TIF Plan relating to.
2. A motion to deny adoption of the revised resolution.
3. A motion to table any action.
C. STAFF RECOMMENDATION:
Staff recommends alternative N1, as this is a house -keeping matter.
D. SUPPORTING DATA:
Copy of the revised resolution for adoption; Letter 6&om Steve Bubul;
Resolution adopted by the Planning Commission.
CouncitMember introduced the following resolution, the
reading of which was dispensed with by unanimous consent, and moved its adoption:
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 94-
A REVISED RESOLUTION RELATING TO THE
MODIFICATION, BY THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
MONTICELLO, OF THE REDEVELOPMENT PLAN
RELATING TO REDEVELOPMENT PROJECT NO. 1, THE
MODIFICATION OF THE TAX INCREMENT FINANCING
PLANS RELATING TO TAX INCREMENT FINANCING
DISTRICTS NO. 1-1 THROUGH 1-17, AND THE
ESTABLISHMENT OF TAX INCREMENT FINANCING
DISTRICT NO. 1-18, ALL LOCATED WITHIN
REDEVELOPMENT PROJECT NO. 1, AND THE APPROVAL
AND ADOPTION OF THE TAX INCREMENT FINANCING
PLANS RELATING TO.
BE 1T RESOLVED, by the City Council (the "Council") of the City of
Monticello, Minnesota (the "City"), as follows:
Section 1. Recitals.
1.01. It has boon proposed and adopted by the Housing and Redevelopment
Authority (the "Authority") in and for the City that the Authority modify, by
increased Project coats and enlarged geographic area, Redevelopment Project No.
1, pursuant to and in accordance with Minnesota Statutes, Sections 489.001 to
489.047, inclusive, as amended. It has been Turther proposed and adopted by the
Authority that the Authority modify the Tax 11.croment Financing Plane for Tax
Increment Financing Districts No. 1-1 through 1-17, and establish Tax Increment
Financing District No. 1-18, located within Redevelopment Project No. 1, and
approve the Tax Increment Financing Plans rotating thereto, pursuant to and In
accordance with Minnesota Statutes, Sections 489.174 to 489.179, inclusive, as
amended.
1.07. The Authority has caused to be prepared and this Council has
Investigated the facts with respect thereto, a proposed Modified Redevelopment Plan
(the "Modified Redevelopment Plan") for Redevelopment Project No. 1. defining more
precisely the Increased Project costs and enlarged geographic area to be made to
Redevelopment Project No. 1, the proposed Modified Tax Increment Financing Plane
for Tax Increment Financing Districts No. 1-1 through 1-17, and the proposed Tax
Increment Financing Plan (the "Tax Increment Financing Plan") for Tax Increment
Financing District No. 1-18 (collectively referred to as the "Plane").
1.09. The Authority and the City have performed all actions required by law
to be performed prior to the modification of Redevelopment Project No. 1, tho
modification of Tax Increment Financing Districts No. 1-1 through 1-17 and the
establishment of Tax Increment Financing District No. 1-18 and the adoption of the
Plane rotating thereto, including, but not limited to, notification to Wright County,
om9ou4
101/0.4/
9-40
Independent, School District No. 882 and the Monticeno-Big Lake Community
Hospital, having jurisdiction over the property to be included In Tax Increment
Financing District No. 1-18 and the holding of a public hearing upon published and
mailed notice as required by law.
1.04. By Resolution No. 94-37 approved on November 28, 1994, this Council
approved the modification of Redevelopment Project No. 1 and the Tax Increment
Financing Districts Nos. 1-1 through 1-17 and the creation of Tax Increment
Financing District No. 1-18, contingent upon certain events. The City hereby
determines that it is necessary and in the beat interest of the City at this time to
clarify that the actions approved by Resolution No. 94-37 are consistent with the
City's comprehensive plan, and to ratify Resolution No. 94-37 with certain
modifications.
Section 2. Findings for Modification of Redevelonment Prefect No. 1.
Modification of Tax Increment Financing Districts No. 1-1 through I -f7. and the
Establishment of Tax Increment Financing District No. 1-18.
2.01. The Council hereby finds, determines and declares that the modification
of Tax Increment Financing Districts No. 1-1 through 1-17 and the establishment of
Tax Increment Financing District No. 1-18, all located within Redevelopment Project
No. 1, Is intended and, in the judgement of the Council, Its effect will be, to further
provide an impetus for commercial and industrial development, increase employment
and otherwise promote certain public purposes and accomplish certain objectives as
specified in the Modified Tax Increment Financing Plane for Tax Increment Financing
Districts Nos. 1-1 through 1-18.
2.02. The Council hereby finds that Tax Increment Financing District No.
1-18 moots the requirements of a Soils Condition District under Minnesota Statutes,
Section 489.174, Subd. 19 In that it consists of any project, or any portions of a
project which the Authority and City finds to be in the public interest because:
(a) Unusual terrain, the presence of hazardous substances, pollution
or contaminants, or sell deficiencies for 80 percent of the acreage in the
district require substantial filling, grading, removal, or remedial action, or
other physical preparation for use; and
(b) The estimated cost of the physical preparation under clause (1),
but excluding costa directly related to roads as definod in section 180.01 and
local improvements as described In sections 429.021, subdivision 1, clauses
(1) to (7) , (11) , and (12). and 430. 01, exceeds the fair market value of the
land before completion of the preparation.
2.03. The Council finds, determines and declares that the development
proposed in the modified Redevelopment Project No. 1, Tax Increment Financing
District No. 1-18 and the Plans, in the opinion of the Council, would not occur solely
through private Investment within the reasonably foreseeable future and, therefore,
the use of tax Increment financing 1s doomed necessary.
2.04. The Council finds, determines, and declares that the modified
Redevelopment Projoct No. 1, the proposed Tax Increment Financing Plan for Tax
Increment Financing District No. 1-18 and the Plana will afford maximum opportunity
and be consistent with the sound needs of the City as a whole for the development
or redevelopment of Redevelopment Project No. I by private enterprise.
anwu�
2
9-8
2. 05. The Council finds that the modified Redevelopment Project No. 1, the
Tax Increment Financing Plan for Tax Increment Financing District No. 1-18and thi
Plans conform to the general plan for the development or redevelopment of the City
as a whole.
2.08. The Council further finds, determines and declares that the City made
the above findings stated in Section 2 and has set forth the reasons and supporting
facts for each determination in writing, attached hereto as Exhibit A.
2.07. The Council determines and declares that Redevelopment Project
No. 1 is hereby modified, that Tax Increment Financing Districts No. 1-1 through
1-17, are hereby modified and that Tax Increment Financing District No. 1-18 Is
hereby adopted, contingent upon the final approval by the Municipal Board of
annexation of the area within Tax Increment Financing District No. 1-18 into the
City, and upon the execution of a Redevelopment Agreement by and between the
Authority and Residential Development, Inc.
Section 9. Adoption of Respective Plans.
5.01. The respective Plans presented to the Council on this date are hereby
approved, contingent upon final approval by the Municipal Board of annexation of
the area within Tax Increment Financing District No. 1-18 into the City, and uyon
the execution of a Redevelopment Agreement by and between the Authority and
Residential Development, Inc., and the Plans shall be placed on file in the office of
the City Administrator.
Section 4. Implementation of the Modified Redevelopment Plan and Modified Tax
Increment Finandna Plans.
4.01. The officers of the City, the City's financial advisor, underwriter and
the City's legal counsel and bond counsel are authorised and directed to proceed
with the implementation of the respective Plans and for this purpose to negotiate,
draft, prepare and present to this Council for its consideration all further plane,
resolutions, documents and contracts necessary to accomplish this purpose.
aruwr4
MIM -46
8-C
The motion for the adoption of the foregoing resolution was duty
seconded by Councllmember and upon vote being taken
thereon, the following voted in favor thereof:
And the following voted against the same:
Whereupon said resolution was declared duty passed and adopted, and
was signed by the Mayor and attested to by the City
Dated: December _, 1994
Mayor
Attest:
City Administrator
(SEAL)
us000:
NNIOD•��
8.D
WMIBIT A TO RESOLUTION NO. 94 -
The reasons and facts supporting the findings for the establishment of the Tax
Increment Financing Plan for Tax Increment Financing District No. 1-18 as required,
pursuant to Minnesota Statutes, Section 489.175, Subd. 3, are as follows:
Finding that Tax Increment Financing District No. 1-18 to a "Solis
Condition District" as defined in Minnesota Statutes, Section 489.174, ,
Subd. 19.
Tax Increment Financing District No. 1-18 consists of two parcels which
do not meet the requirements of a redevelopment district, mined
underground space development district, housing district or economic
development district. The Authority and the City find Tax Increment
Financing District No. 1-18 to be in the public interest because:
(a) Unusual terrain, the presenceofhazardous substances, pollution
or contaminants, or soil deficiencies for 80 percent of the acreage
in the district require substantial filling, grading, removal, or
remedial action, or other physical preparation for use; and
(b) The estimated cost of the physical preparation under clause (1) ,
but excluding costs directly related to roads as defined in section
180.01 and local Improvements as described in sections 429.071,
subdivision 1, clauses (1) to (7), (11), and (12), and 430.01,
exceeds the fair market value of the land before completion of the
preparation.
Facts supporting these findings can be found in A Geotechnical
Evaluation Report for Residential Development, Inc., Dated August 3,
1994, prepared by Braun Intertec Corporation, on file in City Hall.
Finding that the proposed development, In the opinion of the Council,
would not occur solely through private investment within the reasonable
foreseeable future, and therefore, the use of Tax Increment Financing
Is deemed necessary.
City staff has reviewed the costs for this dovelopment. Duo to the high
cost of sell correction and site preparation, the project would not be
financially feasible without the City's assistance. Soo the Braun
Intortec report, cited above.
3) Findinngg that the Tax Increment Financing Plan for Tax Increment
Finandng District No. 1-18 will afford maximum opportunity, consistent
with the sound needs of the City as a whole, for the development of
Redevelopment Project No. 1 by private enterprise.
The project to be developed, which will be located within Tax Increment
Financing District No. 1-18, consists of the development of 83
sin to family homes, 98 twin -family homes and, 2 commercial lots. This
prop is expected to begin in 1998 and be substantially completed by
January 2, 1999.
en6ou4
W ISD -40
g -E
4) Finding regarding duration of Tax Increment Financing District No.
1-18.
The duration of Tax Increment Financing District No. 1-18 will be
twelve (12) years from the orlginal approval of the Tax Increment
Financing Plan. Pursuant to Minnesota Statutes, Section 489.177,
Subd. S, the City requests 100 percent of�vailable captured tax
capacity for current expenditures.
S) Finding that the modified Redevelopment Project and the Plans are
consistent with the City general plan:
The Council has on this date received a written comment from the
Monticello Planning Commission, finding that the modified
Redevelopment Project and the Plane are consistent with the City
comprehensive plan. Further, the Planning Commission previously
determined that the preliminary plat for the development within Tax
Increment Financing District No. 1-18 was consistent with the
comprehensive plan.
u»ou4
8190.1#
(-F
HOLMES & GRAVEN
CHAR7IRED
STEPHEN J. BusuL PA vMAM c. W, wm
Dim Dial (617) 73747E
December 6, 1994
Jeff O'Neill
Assistant City Administrator
City of Monticello
P.O. Box 1147
Monticello, MN 55362.9245
RE: Residential Development, Inc. TIF
Dear Jeff:
Idwh— (613)1174=
Panora. aw an4316
As we discussed, enclosed is a revised resolution approving modification of Redevelopment
Project No. 1, modifying the existing TIF Plans, and creating TIF District No. 1-18. This
resolution is substantially the same as Resolution No. 9437 approved November 28, 1994, with
the following changes:
• New Section 1.04 describes this resolution as a corrective action.
• In Section 2.02, the findings for a soils district are revised to indicate that both
clauses (a) grrd (b) aro present, as required by Minnesota Statutes. Section
469.174, Subd. 19. (IU original resolution presented these clauses as an "either-
or" finding.)
• New Section 2.04 makes the finding of consistency with the comprehensive plan,
as required by Section 469.028, subd. 2 and Section 469.175, Subd. 3.
• Sections 2.07 and 3.01 clarify that the Plans are approved contingent upon final
approval of the annexation And upon execution of the HRA contract with
Residential Development, Inc.
• In Exhibit A. item (1) has been expanded to include a reference to the Braun
Intertec soils report, and item (5) has been added to explain that the City has
received the planning commission's comment. Also, the original item (4) has
been eliminated. as it does not apply outside the metropolitan area.
LLIDoJH6
Mul�r 66
$- G
Jeff O'Neill
December 6, 1994
Page 2
1 undastattd that this resolution will be considered by the Council at its next meeting. The
resolution is essentially a house -keeping matter, intended to correct technical deficiencies in the
record.
Let me know if you have questions or comments.
Very truly yours,
6
Step J. Bubul
cc: -"011ie Koropchak
L ainie Kirscht
nms_u.
Cl
, IV- 16
d-l�
PLANNING COMMISSION
RESOLUTION NO.
RESOLUTION OF THE MONTICELLO PLANNING COMMISSION
FINDING THE MODIFIED REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT NO. 1, AND TAX INCREMENT
FINANCING PLANS FOR TAX INCREMENT FINANCING
DISTRICTS NO. I THROUGH 18, LOCATED WrMN
REDEVELOPMENT PROJECT NO. 1, TO BE CONSISTENT WITH
THE COMPREHENSIVE PLAN FOR THE CITY.
WHEREAS, the City's Modified Redevelopment Plan for Redevelopment
Project No. 1, and the Modified Taut Increment Financing Plans for Tax Increment
Financing Districts No. 1 through 18 (the "Plans"), located within Redevelopment
Project No. 1, have been submitted to the Monticello Planning Commission, pursuant
to Minnesota Statutes, Section 469.027; and
WHEREAS, the Planning Commission has reviewed said Plan to determine the
consistency of said Plan to the Comprehensive Plan of the City.
NOW, THEREFORE, BE IT RESOLVED, BY THE MONTICELLO
PLANNING COMMISSION, that the Plan is consistent with the Monticello
Comprehensive Plan, and the Commission recommends approval of the Plan to the
Monticello City Council.
Adopt; A2 A11911
Chairman
Attest: Alw«�.,��
9-7.
Council Agenda - 12/12/94
9. Consideration of amendment tq Section 9-8 (E) of the Monticello
Zonigp Ordinance reaulatina sians by allowing one nremise
Identification wall Sian Der street f1rontaee s_nd one premise
identification Dvlon sign. ADnlicanL Arrow Sian Comoawv,. (J.O.)
A. REFERENCE AND BACKGROUND:
Council is asked to review a proposal to amend the sign ordinance in a
manner which would allow a premise identification wall sign for each street
frontage that a business has exposure to and allow a pylon sign. The
current ordinance allows one premise identification sign per street frontage,
including the pylon sign. A premise identification sign identifies the
business name and does not identify a product or service.
The request is submitted by Arrow Sign Company on behalf of the Coast to
Coast store. The present sign system at Coast to Coast includes a pylon
sign and a wall sign, both of which are displayed on the 3rd Street side of
the building. It is requested that an additional wall sign be allowed to be
displayed in the rear of the property facing 4th Street. Under the present
ordinance, this additional sign is not allowed unless either the pylon sign ie
removed or the wall sign in the front is removed.
In reviewing the request, Council should review the purpose of the sign
ordinance and determine whether or not the proposed zoning ordinance
amendment is consistent with the general goals outlined in the purpose
statement. As noted in this statement, the sign ordinance is intended to
ensure the opportunity for effective, orderly communication by reducing
confusion and hazards resulting from unnecessary and/or indiscriminate use
of communication facilities. City Council needs to consider whether or not
allowing both a pylon sign and a wall sign on one street frontage and an
additional sign on another street frontage represents an enhancement to the
sign ordinance by providing improved communication, or will it result in
additional unnecessary signs, thereby adding confusion and hazards
resulting from unnecessary signage.
In terms of sign size controls, the total sign area of both signs cannot exceed
the total sign area allowed for the sign in the front; therefore, although an
additional sign is allowed under the amendment, the total sign area may
not exceed the sign area for one sign allowed under the original ordinance.
In support of the amendment, it could be argued that allowing an additional
sign along the street frontage to the rear of a structure, such as in the case
of Coast to Coast, would allow improved communication of the presence of
the store from the street, thereby reducing confusion through improved use
of signage. Presently, when traveling down 4th Street, it is impossible to
tell that the building across from Sunny Fresh Foods is a Coast to Coast
14
Council Agenda - 12/12/94
store; therefore, perhaps it makes sense to allow signage at this location so
as to make the traveling public aware of the presence of this business at
this location.
On the other hand, it could be argued that allowing a wall and pylon in the
front and a single wall sign in the rear results in unnecessary duplication of
the signs in front and, therefore, adds to clutter and confusion. This is a
fairly weak argument against the amendment because the ordinance
already allows two premise identification signs including the pylon sign for
buildings with a single street frontage.
As you recall some months ago, as a result of the request by Holiday
Stationstores, the City amended the sign ordinance to allow a premise
identification wall sign for each street frontage. It was noted at that time
that Holiday Stationstores, having three sides exposed to a right-of-way,
would be allowed to have three premise identification signs and that the
pylon sign would be counted as one of the premise identification signs.
Unfortunately, Holiday Stationstores installed three wall signs and one
pylon sign, which is one sign in excess of the requirement. Apparently
when the site was developed and when all final site inspections were
completed, staff missed the fact that an extra wall sign had been added to
the approved sign system. In the event that the ordinance is not changed
allow this additional sign, then staff will have to contact Holiday
Stationstores about removing one of the surplus wall signs.
ALTERNATIVE ACTIONS
Motion to approve the ordinance amendment as proposed, which
results in an additional wall sign for businesses with multiple street
frontage but limits JAW sign area for all signs to 10% of the gross
silhouette of the front wall or 100 sq ft, whichever is less.
This is the alternative recommended by the Planning Commission
based on the finding that the additional sign will enhance
identification of businesses from the street without undue clutter.
Under this alternative, City Council should review the request in
terms of its impact on the character of the areae in which the sign
ordinance amendment will be effected. If the Council believes that
the additional sign allowed under the proposed ordinance will reduce
confusion and enhance the ability of the public to better identify
businesses from the public street, then this alternative should be
selected.
Council Agenda - 12/12/94
Motion to deny approval of the ordinance amendment.
If the City Council feels that allowing the additional sign will result
in additional signs that are not necessary, then this alternative
should be selected. In some respects, this alternative does not seem
to make sense because under the present ordinance, a minimum of
two signs, including the pylon sign, are allowed. The proposed
ordinance would simply allow another sign to be displayed on an
opposing side of a structure exposed to a street frontage.
If this alternative is selected, it should be noted that Coast to Coast
does have the opportunity to install an informational/directional sign
that can be no larger than 10 sq ft. Informational/directional signs
can be installed without a sign permit and are intended to give
information to employees, visitors, or delivery vehicles. As noted in
the ordinance, an informational/directional sign may include the
name of a business but must predominantly represent a directional or
informational message. In the Coast to Coast situation, a 10 sq ft
directional sign could be placed on the rear wall of the structure
stating "Coast to Coast Parking in Front." This type of sign, though
relatively small, could possibly accomplish the goal of identifying the
use of the structure from 4th Street.
C. STAFF RECOMMENDATION:
It is our view that the current ordinance allows two premise identification
signs at a minimum for each business, which includes a pylon sign and a
wall sign. Allowing an additional wall sign along a wall exposed to a
separate street frontage does not, in our minds, represent a proliferation of
signago but rather represents an amendment necessary to provide
businesses the ability to identify their structure from streets from which
they gain exposure. In the case of the Coast to Coast store, by allowing
placement of a premise identification sign in the rear of the facility, the
users of 4th Street are benefited by having information regarding the
business use of the structure, thereby improving communication from the
street without adding excessive clutter.
D. SUPPORTING D,A:
Excerpt from ordinance relating to signage; Table showing number of
allowed signs; Proposed zoning ordinance amendment will be presented at
Monday evening's meeting.
one hundred thousand (100,000) square feet of floor
area, one (1) loading berth; for each addit'.onal
one hundred thousand (100,000) square feet of floor
area or fraction thereof, one (1) additional
loading berth.
3-7: LAND RECLAMATION: Under this ordinance, land reclamation is
the reclaiming of land by depositing of materials so as to
elevate the grade. Land reclamation shall be permitted only
by conditional use permit in all districts. Any lot or parcel
upon which four hundred (400) cubic yards or more of fill is
to be deposited shall come under the controls of land
reclamation. The permit shall include as a condition thereof
a finished grade plan which will not adversely affect the
adjacent land, and as conditions thereof shall regulate the
type of fill permitted, program for rodent control, plan for
fire control and general maintenance of the site, controls for
vehicular ingress and egress, and for control of material
disbursed from wind or hauling of material to or from the
site.
3-8: MINING: The extraction of sand, gravel, or other material
from the land in the amount of four hundred (400) cubic yards
or more and removal thereof from the site without processing
shall be defined as mining. In all districts, the conduct of
mining shall be permitted only upon issuance of a conditional
use permit. Such permit shall include as a condition thereof
a plan for a finished grade which will not adversely affect
the surrounding land or the development of the site on which
the mining is being conducted, and route of trucks moving to
and from the site.
3-9: SIGNS:
JA) PURPOSE: This subdivision is established to protect and
promote health, safety, general welfare, and order
within the city of Monticello through the establishment
of a comprehensive and impartial series of standards,
regulations, and procedures governing the type, numbers,
size structure, location, height, lighting, erection,
use and/or display of devices, signs, or symbols serving
as a visual communication media to persons situated
within or upon public right-of-ways or properties.
The provisions of this subdivision are intended to
encourage opportunity for effective, orderly
communication by reducing confusion and hazards
resulting from unnecessary and/or indiscriminate use of
communication facilities.
(B) PERMITTED AND PROHIBITED SIGNS:
PERMITTED SIGNS: The following signs are allowed
without a permit but shall comply with all other
applicable provisions of this subdivision:
MONTICELLO ZONING ORDINANCE 3/37
14
(a) Public signs
(b) Identification signs: There may be one (1)
per premise not to exceed two (2) square feet
in area. If the sign is freestanding, the
total height may not exceed five (5) feet.
(c) Inteural signs
(d) Political campaign signs: Shall not exceed
twelve (12) square feet in all other zoning
districts. Every campaign sign must contain
the name and address of persons responsible
for such sign, and that person Shall be
responsible for its removal. Signs shall
remain in place for no longer than five (5)
days after the election for which they are
intended. All signs shall be confined to
private property. The City shall have the
right to remove and destroy unsightly signs or
remove signs after the five (5) day limit and
assess a fee of five dollars ($5.00) per sign
for removal.
(e) Holiday Signs: Displayed for a period not to
exceed thirty (30) days.
(f) Construction Signs+ Such signs shall be
confined to the Site of the construction,
alteration, or repair, and shall be removed
within two (2) years of the date of issuance
of the first building permit or when the
particular project is completed, whichever is
sooner as determined by the City Building
Inspector or his agent. One (1) sign shall be
permitted for each major street the project
abuts. No Sign may exceed fifty (50) square
feet.
(g) Individual Property Sale or Rental Signs:
Signs must be removed within fourteen (14)
days after sale or rental of property. Signs
may not measure more than four (4) square feet
In "R" districts, nor more than twenty (20)
square feet in all other districts. There
shall be only one (1) sign per premise.
Corner properties, however, may contain two
(2) signs, one (1) per frontage.
(h) Information/Directional Signs: Shall not be
larger then ten (10) square feet and shall
conform to the location provisions of the
specific district.
MONTICELLO ZONING ORDINANCE
3/38
Option A. Under Option A, only wall
signs shall be allowed. The maximum
number of signs on any principal
building shall be six sign boards or
placards, no more than four (4) of which
may be product identification signs,
with only two walls allowed for the
display of the signs. Each wall shall
contain no more than two product
identification signs and two business
identification signs. The total maximum
size of wall signs shall be determined
by taking twenty percent (20%) of the
gross silhouette area of the front of
the building, up to three hundred (300)
square feet, whichever is less. If a
principal building is on a corner lot,
the largest side of the building may be
used to determine the gross silhouette
area.
For purposes of determining the gross
area of the silhouette of the principal
building, the silhouette shall be
defined as that area within an outline
drawing of the principal building as
viewed from the front lot line or from
the related public street(s).
ii. Option H. Under Option B, either wall
signs or pylon signs may be utilized, or
a combination of both. The total number
of business identification signs allowed
(whether wall or pylon) shall be at
least two (2), or equal to the number of
streets upon which the property has
legal frontage, whichever is greater.
In no case, however, shall more than one
pylon sign be allowed. Only two product
identification signs are allowed, and
these wall signs may be only an one
wall. The total maximum allowable sign
area for any wall shall be determined by
taking ten percent (10%) of the groes
silhouette area of the front building up
to one hundred (100) square feet,
Whichever is lose. The method for
determining the groes silhouette area
for wall signs is as indicated in
Option A.
(1247, 3/11/94)
3. Conditional Uses in Commercial and Industrial
Districts: The purpose of this section is to
provide aesthetic control to signage and to prevent
a proliferation of individual signs an buildings
MONTICELLO ZONING ORDINANCE 3/46
9- r"'
NUMBER OF PREMISE IDENTIFICATION SIGNS ALLOWED
STREET FRONTAGES PRESENT ORDINANCE PROPOSED
ORDINANCE
1 1 pylon sign
1 wall sign
2 1 pylon sign
1 wall sign
3 1 pylon sign
2 wall signs
4 1 pylon sign
3 wall signs
SIGN.TAB: 1212194
1 pylon sign
1 wall sign
1 pylon sign
2 wall signs
1 pylon sign
3 wall signs
1 pylon sign
4 wall signs
Council Agenda - 12/12/94
10. Consideration of salary schedule adiustments for 1995. (R.W.)
A. REFERENCE AND BACKGROUND:
As part of the ongoing main'enance of our current salary system in use for
all non-union employees, the City Council should anr•:Zlly review the salary
schedule and make adjustments when warranted in order to retain the
City's pay relationship to the market. With this being the last meeting
before 1996, any adjustments to the salary schedule should be adopted by
the Council at this meeting in order to allow for implementation by
January 1.
As a brief refresher, the City Council adopted in December of 1991 a new
salary administration program to comply with the comparable worth law.
Our new program includes 22 grades with 6 potential steps within each
grade that all City employees fall within. Since our current system already
allows for step increases by employees who may not have yet reached their
maximum step of their grade, the Council does not have to be concerned
with individual merit/performance adjustments per se, but only needs to
address what percentage increase should be considered for the entire salary
pay schedules in general.
In preparation of the 1995 budget, I included a 6% cost of living adjustment
to all salary categories to provide sufficient dollars within our budget
While it was origin ally assumed that a 5% adjustment would be more than
sufficient to cover expected adjustments, this does not obligate the Council
to a 5% increase. It is recommended that the ineraase, as in the past, be
reflective of the cost of living increases that are occurring in our area in an
attempt to keep our system competitive with the market.
As a starting point, the Minneapolia/St. Paul consumer price index indicates
that the current inflation rate is between 2.9% and 3.1% on an annual
basis. The most recent information available for the Minneapolia/St. Paul
area covers the second half of 1993 and the first half of 1994 in determining
the percentages noted. In addition, I also had a brief salary survey
conducted from various communities surrounding Monticello including the
cities of Buffalo, Big Lake, Maple Grove, Plymouth, and Elk River. These
are the same communities we have surveyed in the past and can be useful
for the Council to see what is happening in other areas around us. While
some of the survey information is still proposals by some communities, it
appears the general percentage raise will likely be in the 2% to 3% range.
Council Agenda - 17/12/94
As some of you may recall, the two-year union contract that was approved
in April 1994 for the seven union employees calls for the second year of
their contract to be adjusted by the same percentage increase that is
granted by the Council to non-union employees for 1995. Their effective
date of any increase would be from April 1, 1995, to April 1, 1996. While
this should not necessarily have any bearing on the eventual percentage
established by the Council for the salary schedule adjustments, it is a
noteworthy item in that this will allow us to continue to be in compliance
with the comparable worth law by ensuring that the union personnel do not
receive raises that exceed the non-union adjustments, which could put us
out of compliance.
I believe the following factors should be considered by the Council in
reviewing and discussing the COLA adjustments for non-union personnel in
1995.
When our original comparable worth study was adopted in 1991, our
consultant (League of Minnesota Cities) recommended that the step
and grade system be adopted that included seven steps in each grade.
This was based on average metro/rural steps used by other
communities with similar pay systems. At the time of adoption, the
Council made the decision to drop off the seventh step, which in effect,
reduced the potential salary structure of the City by a little over 4%.
The original salary schedule with the seventh step was intended to be
consistent with the market for our area, and by the elimination of the
seventh step, the Council in effect had immediately made a reduction
in our market study by approximately 4%.
While the use of the Minneapolia/St. Paul consumer price index may
not be perfect, it is a basis that has been used by the City Council in
the past in an attempt to keep our pay structure in line with
inflation. With the latest information indicating that the
Minneapolis/St. Paul inflation factor to be between 2.9% and 3.1%, it
seems appropriate for the City Council to use this as a basis for their
consideration.
Due to the fact that a large number of our employees have been with
the City for more than five years, most of the positions are now at or
will be nearing the top of their step within their present grade. As a
result, many of our employees will be relying on cost of living
adjustments as Cho only increase in their salary unless their job
descriptions change sufficiently to warrant a move to a different step
and grade. While this present comparable worth system does not
Council Agenda - 12112/94
technically provide for performance or merit pay adjustments, this
only means that more importance is placed on providing an adequate
cost of living adjustment to at least keep the employee in pace with
inflation.
For the past few years, the employees have agreed to a reduction in
our health insurance package coverage in an attempt to keep the
monthly health insurance premiums at a reasonable level. With the
Council technically freezing the amount of contribution for health
insurance at the level that was established in 1989, the employees'
share of the health insurance had increased to a level where it was
decided, as a group, that a reduction in the level of benefits would be
necessary to keep the cost affordable. As a result, the City in general
has not had to increase the amount of monthly contribution for
employees' health insurance coverage over what may have been
expected had the City been responsible for all of the health cost
increases.
Overall, I think that you have to agree that the City employees are doing a
good job and deserve to be treated fairly in terms of cost of living
adjustments. The work load and pressures continue to increase with our
community experiencing housing demands and development pressures. I
believe the City has a good, experienced, productive staff that is deserving
of an appropriate cost of living adjustment.
B. ALTERNATIVE ACTION:
Council could establish a cost of living adjustment that would apply
to the entire non-union pay system which equals the current
Minneapolis/SL Paul CPIU or CPIW. According to my current
information, this percentage increase is between 2.9% and 3.1%
annually. The CPIU is 2.9%, which indicates the consumer price
index for all urban consumers, and the 3.1% is the figure for the
consumer price index for all urban wage earners.
Council could adjust the COLA based on some other factor other than
the St. Paul or Minneapolis CPI index.
C. STAFF ECOMMENDATIO19:
As 1 previously noted, the 1998 budget included a 696 allowance for
increases within our salary schedules, which should allow the Council
sufficient latitude in adjusting the pay scales. While the actual or proposed
19
Council Agenda - 12/12/94
adjustments from surrounding communities varies between 2% to 3%, it
does seem appropriate that any cost of living adjustment should continue to
reflect the MinneapoliaSt. Paul consumer price index, as this is the area we
are affected by. This has been the past practice of the Council to utilize this
index when considering increases; therefore, it is my recommendation that
alternative 01 be considered.
Again, as a reminder, any adjustment that is considered for the non-union
personnel will also become effective April 1, 1995, for the union individuals.
At a minimum, the union contract calls for a minimum of 1.5%; so if the
Council did adjust the non-union schedules by less than 1.5%, we would
immediately be out of compliance with the comparable worth law.
D. SUPPORTING DAJA:
Salary survey from surrounding communities.
20
SURVEY OF SURROUNDING CITIES
1895 PROPOSED SALARY ADJUSTNZE M
Big Lake:
1995: 2%
122k. 2%
Buffalo:
1995: 2% +.5% merit
1994: 2.5% total package 1 2% COLA + .5% merit/health ins.
Elk River.
1995-.2.5% - 3%
1994: 3%
Maple
Grove:
12L5: 3% is proposed
122J. 2.5%
Plymouth:
1995: 2.8%
10&: 2.75% + $15/month ins.
Council Agenda - 12/12/94
>>• Consideration of fund biumfers for 1994. (R.W.)
A. REFERENCE AND BACKGROUND:
With the end of the year approaching, a few housekeeping items should be
approved by the Council concerning fund transfers to dose out unneeded
construction funds and/or other transfers to correspond with our budget. In
addition to closing out completed construction fund balances, some of the
transfers recommended will cover deficiencies in specific construction funds
that have occurred during the projects. In most of the deficiency cases,
funds were anticipated to be used from the capital outlay fund but have not
yet been transferred.
Rather than specifically listing a brief explanation for each transfer
recommended, you are asked to review the enclosed supplement summary
that outlines each proposed transfer, dollar amount, and purpose for the
transfer.
B. ALTERNATIVE ACTIONS:
1. Approve the transfers as recommended,
C. STAFF RECOMMENDATION:
I recommend for accounting purposes that the above transfers be approved
prior to the end of 1994. Technically, without official action, some of the
construction funds would show deficit cash balances while other
construction funds will be kept open unnecessarily. The transfers are
basically housekeeping items to more accurately reflect current year-end
financial statements.
D. SUPPORTING DATA:
List of proposed transfers.
SUMMARY OF
TRANSFERS PROPOSED
December 1994
FROM
TO
AMOUNT
PURPOSE
92.02 School Blvd.
92(A) Bond Fund
$60,038.00
To close out completed coast.
Const. Fund
fund to debt service fund
92-06 Public Works Big.
93-04C PW
$303.93
To close out phase I const.
Const. Fund
Big. Phase H
fund to phase II const. fund
Const. Fund
92-07 Cardinal Hills II
93-060 Hart Blvd.
$32,849.62
To close out completed project
Const. Fund
Const. Fund
balance to similar fund
91-2 Briar Oakes
93-10C Briar
$470.89
To cover deficiency in 93 -IOC y
Const. Fund
Oakes/Meadow
project costs
Oak Storm Sew.
Const.
C
91.2 Briar Oakes
91(A) Bond Fund
$3,078.89
To close out remaining balance
Const. Fund
to debt service fund
Capital Outlay Fund
93 -OIC County
$908.64
To cover deficiencies in const.
Road 78 Impr.
project fund
Const. Fund
Capital Outlay Fund
93-13C Monti.
$37,864.47
To cover deficiencies in const.
Ford Storm Sew.
project fund
Project
Capital Outlay Fund
93 -OW Hart Blvd.
$138,283.38
To cover deficiencies in const.
Storm Sewer
-1- 55,7. Y. ,
project fund
Const. Fund
f g o p o u 3Y
Capital Outlay Fund
93-08C Pathway
$80,000.00
To cover deficiencies in const.
Const. Fund
project fund
Liquor Fund
93.04C PW Big.
$38,000.00
To cover deficiency in const.
Phase Il Const.
account
Fund
Sewer Access Fund
93-14C WWTP
$38,000.00
To cover deficiency in fund to
Expansion
date for facility plan report
Const. Fund
HRA
(7) various TIF
$223,828.00
To transfer TIF revenue from
debt service
HRA to debt service fund for
funds
bond payments
General Fund
Debt Services
$91,300.00
To transfer Kmart TIF
Fund
revenue to debt service fund
//-A
SUMMARY OF
TRANSFERS PROPOSED
December 1984
page
PROM TO MOUNT PURPOSE
Capital Outlay Fund General Fund $32,254.48 To cover remodeling of deputy
registrar office not originally
budgeted for
Capital Outlay Fund General Fund $27,184.20 To cover remodeling of sr.
citizens building not originally
budgeted for
Council Agenda - 12/12/94
12• Considergtion of purchase agreement to acauire land for drainage
basin for Meadow Oak oond outlet oroiect. W.S. )
A. REFERENCE AND BACKGROUND:
City Project 93-12C, the Meadow Oak storm sewer outlet to the Mississippi
River, passes through the Lois and Gene Bauer property between 1.94 and
Gillard Avenue. City staff has met with the Bauers to discuss the
acquisition or easements on 4 acres of existing wetlands on the east/
southeast side of their property. The Bauers have questioned their
continued use of the additional acreage on the very southeastern corner of
their site, which is essentially landlocked by the wetland. This property is
elevated slightly above the wetland and has one small knoll on it and also
has a pair of Northern Natural Gas lines running through it diagonally.
After meetings earlier this summer, the Bauers and City staff decided it
would be best to have the property appraised before we could look at
easements, purchase, and/or trade-offs for the property. An appraisal was
completed on September 6, 1994, by Mr. Rodney Dragsten, who appraised
the wetland property at $3,600/acre. With us needing a minimum of 4
acres, the cost would be $14,000. The Bauers requested that we purchase
or obtain enough easement rights to keep the water within our property or
the easements under all reasonable conditions. This would probably require
more than the 4 acres.
After further discussions with the Bauers, they decided to look at how they
could possibly utilize the remaining portions of their property prior to
discussing a land We and/or exchange. They returned in early December
with a concept plan which included developing a 25 -lot subdivision on
approximately 10.9 acres of their 20.4 -acre total. The remaining 9.6 acres,
which included the existing wetland, the natural gasline easement area, and
that remote parcel of property to the very southeast along the freeway,
would be deeded to the City. They requested that the City exchange park
dedication fees and storm sewer assessments against their 10.9 -acre
proposed development for the land and, in addition, develop a purchase
agreement or development agreement centered around the following
requests:
The parcel proposed to be developed and the City's drainage area be
annexed into the city.
The City approve preparation of a preliminary plat based upon the
concept or sketch plan. Approval would require the Bauers to meet
all the requirements of the ordinance in regard to the preliminary
plat and/or final plat.
22
Council Agenda - 12/12/94
3. Once the preliminary plat is approved by the City Council, it could be
automatically renewed each year without additional fees or public
hearings, etc. This is currently the way our ordinance is set up and
does not appear to be a problem.
4. During the grading of the drainage basin and the possible creation of
additional wetlands or drainage area in the southeast corner of the
property, some of that fill material be placed on Lots 3, 4, b, and 6 of
Block 2 at no cost to the Bauers. It is very possible that some of this
material may also be able to be moved along I-94 for creation of a
berm in the future. This would result in lower costs to develop more
extensive wetlands and/or a larger drainage area.
b. If the City ever fenced the wetland, it would screen the fence with
pine trees. We informed the Bauers that typically we mark wetlands
and/or park properties with short sections of split cedar rail fence at
noticeable changes of directions of property lines around our parks or
wetlands and, thus, would not fence the parcel.
6. The Bauers currently have a storage barn located on Lot 1, Block 1,
which is in the proposed roadway. They would like the right to be
able to relocate that storage barn on Lot 1, Block 1, to the proper
setbacks as required in that zone prior to development. We are
currently checking on the size of the barn to see if it meets the
requirements for city ordinance.
7. The last thing they requested was that the purchase agreement or
developers agreement be completed by the City and sent to the
Bauers for review by them and their counsel.
The 10.9 acres of land proposed to be developed by the Bauers would
generate a storm sewer area assessment of $16,895 based on $1,660/acre.
Assuming the 10.9 acres has at least a raw land value of $3,500/acre would
indicate a park dedication fee of 10%, or $3,815. This, and the dollar
amount needed to place some of the material ftnm the southeast corner of
the property to Lots 3, 4, 5, and 6, Block 2 (probably $2,000 to $3,000),
would be the approximate value of the exchange ($23,710).
B. ALTERNATIVE ACTIONS:
1. The first alternative would be to approve the concept plan and
annexation of the entire parcel into the city and enter into a C
developers agreement/purchaso agreement as previously outlined.
Annexation would require approval from the Township prior to it
23
Council Agenda - 12/12/94
occurring. Jeff ONeill informed the Township at their last meeting
that this item may be on one of their future agendas. It is believed
they would be very cooperative because of the ditch 33 impact.
The second alternative would be to enter into a developers agreement/
purchase agreement with the Bauers based upon all of the requisites
but leave the property in the township for the time being until the
Bauers are ready to develop. The deed would be prepared on a metes
and bounds basis, and we would actually own a piece of property
outside of the city limits.
The third alternative would be to do nothing. This does not appear to
be in our best interest, as we feel a very fair offer has been made by
the Bauers for us to obtain this property, and it is needed prior to us
completing our Meadow Oak drainage outlet.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public Works
Director that we pursue alterative #1, that the property can come into the
city, and the simple subdivision can take place once the property is in the
city. Alternative #2 would be our second choice. The Bauers are in no
immediate hurry to plat and/or develop their property. Either method may
be appropriate for them.
Copy of concept plan and topographic plan.
24
Council Agenda - 12/12/84
Consideration of authorization to atJgmot entering into option for
purchase of land and/or obtaining right of entry. (R.W.)
A. REFERENCE AND BACKGROUND:
As part of the operation of our wastewater treatment plant, bio -solids
(sludge) is generated at our facility that must be disposed of. The City of
Monticello currently has a handshake agreement with an area farmer,
Mr. Robert Shierts, allowing us to land -apply bio -solids as fertilizer to his
agricultural property. We are maximizing this property and are in need of
additional sites soon. The sites have been permitted by the PCA.
As some of you may recall, a few years ago Monticello Township adopted an
ordinance which regulated the application of sludge materials to farm land
within the township and transporting sludge over township roads. This
ordinance had effectively cut off the City from new sites and eliminated
renewal of our existing sites. In light of this action by the Township, which
has been recently amended to exclude the City of Monticello from their
prohibition, efforts were undertaken by the City staff to look at the
feasibility of the City acquiring its own property on a state or county
highway within a reasonable distance from the wastewater treatment plant
to be used for bio -solids applications. It was felt that in the long run, it is
extremely important for the City to actually own and control a site to
ensure that we always have access for bio -solids application and can control
the types of crops that should be planted to ensure proper use of the land
and bio -solids.
The Council previously gave authorization for the Public Works Director, in
cooperation with PSG, Inc., to search out farm land to lease or purchase
within a reasonable distance of Monticello that could be possibly used as a
site for bio -solids application. Ideally, we determined the property should
contain between 120 and 160 acres to provide a sufficient area for crop
rotation and buffering from adjacent uses. Also, the property must contain
the right soil configuration uud depth to ground water to meet PCA
requirements and be reasonably flat. Since our cost would ultimately be
lower if we could find one contiguous parcel rather than separate smaller
parcels, we have been focusing on areas within 6 miles of the city meeting
our criteria.
About a month ago, the Council gave approval for obtaining an appraisal on
one or two parcels that the City had tentatively selected as potential sites,
and we have recently received one appraisal for a 145 -acre parcel located
south of Monticello on County Road 106 west of Highway 25. This parcel, in
25
Council Agenda - 12/12/94
our estimation, appears to be suited for our intended use in that it's one
large 145 -acre parcel, fairly flat, and situated on a county road. In order to
do further research on whether this property would be appropriate for our
needs, a soil test will need to be conducted by a testing firm. In order to do
so, we will need to obtain permission from the landowner for right of entry.
The City has had indirect contact with the owner through PSG and a land
consultant. At that time, the owner was not interested in selling at
$225,000 or $1,552/acre. At this time, we are seeking authorization to
directly propose an offer to the property owner contingent on the property
meeting our needs; and if this is not successful in obtaining an option,
attempting to gain right of access for soil sampling. At this time, we do not
feel that the property owner would be willing to sell the property at the
appraised value, so further negotiations are expected.
According to our City Attorney, Paul Weingarden, the City does have the
right to acquire land by eminent domain proceedings if we feel this is the
best site for the City's needs. Naturally, City staff feels it would be most
beneficial to negotiate a purchase price with the property owner rather than
using the eminent domain orecess. If all else fails, it appears condemning
the property is a possibility.
The present owner of this parcel in question is an absentee landowner
residing in another state. If the Council authorizes, stats' would like to
present an option agreement for their consideration using the appraised
value as a starting point. Normally an option agreement to purchase the
property at a set price contains an option fee. We could propose anything
from a few hundred dollars to a few thousand dollars as an option fee with
one of the conditions being that the City be allowed to conduct soil testing
to determine whether the property is suitable for our purposes. If the
property owner is not at all interested in selling at this time, we can
request the right of entry; but in all likelihood, we may have to begin other
legal proceedings if we want to continue pursuing this site.
B. ALTERNATIVE ,ACTIONS
Council could authorize a purchase agreement option being presented
to the property owner for the 145 -acre parcel at the appraised value
noted in the appraisal. Conditions attached to the option agreement
would request right of entry for testing purposes. This alternative
would allow the City to begin contacts with the property owner
regarding the City's interest in purchasing the property.
26
Council Agenda - 12/12/94
Do not authorize a purchase option at this time but direct staff to
continue searching for other sites to be considered.
C. STAFF RECOMMENDATION:
Based on the criteria we had established in-house of trying to find a
contiguous piece of property of approximately 120 to 160 acres with it being
fairly flat, on a county or state highway, and within a reasonable distance
from Monticello, we think this site may be an excellent location for the
City's use. Although it is certainly too early to confirm the soil conditions,
etc., we have had preliminary contact with the MPCA regarding this
property, and it appears that it may be a suitable site for bio -solids
applications. With the appraisal being completed and the value estimated
at $140,000 to $150,000, it appears to be an economical option the City
should consider. The only problem is, naturally, we do not have any
commitment or interest at this time from the property owner to sell. As a
result:, it is our opinion we will have to raise our offer substantially above
the appraised value to even have the property owner consider selling it.
Rather than raising our offer too high, we may find it more beneficial to
proceed with eminent domain proceedings and let the Court system
establish the value. It is my understanding that the appraisal firm, A.A.
Fields & Associates, is a recognized appraiser in this area and should have
credibility if we do need to proceed through legal action. Our City Attorney
may have more advice on the procedures we should be considering in the
future if negotiations do not pan out.
D. SUPPORTING DIM:
None.
27
I
R. A. Field & Associates
Federally Certified Appraisers
520 Northeast 218th Avenue
1 Cedar, Minnesota 55011
StU91AR2 REPORT OF A LIMITED APPRAISAL ASSIOIETT
1 November 30, 1994
Mr. Rick Wolfateller, City Administrator
City of Monticello
250 East Broadway
Monticello, Minnesota 55762
Y REQ Susan A. Nanaford Property
V Cahill Avenue NE and County Road #106
Monticello Township, Minnesota
Dear Mr. Wolfetellers
Pursuant to your requset, we have made a careful inspection of the
captioned property, which is more particularly described as that part of the
Southwest Quarter of Section 21, Township 121 North, Range 25 Weat lying east
Of Cahill Avenue Northeast in Wright County, Minnesota, and have made a study
of the conditions affecting its value.
The estimate of value as stated in this report is predicated upon the
definition of market value containod horoin.
ey virtue of our investigation we have formed the opinion that the
present value of the subject property, as of November 16, 1994, lies within
the following ranges
11 0 140,000 to 0150,000
1� This appraisal is made subject to certain limiting conditions and
assumptions as hereinafter expressed. Such facts and information contained
herein were obtained from sources that we considered reliable and are true to
the beet of our knowledge.
' The following report describes our method of approach, contains data
gathered in our investigation, and demonstrates our analysis in arriving at
the estimation of market value for the subject property.
IRespectfully submitted,
R. A. Feld i %seociatee
ICertified Genera
Real Property Appraiser
License Number 4000115
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Council Agenda - 12/12/94
Consideration of rebid of phase II of the public works facility
expansion. W.S.)
A. REFERENCE AND BACKGROUND:
Phase II of the public works expansion consists of a masonry salt/sand
storage building addition on the north side of the vehicle storage building, a
connection between the existing vehicle storage building and the shop
building to serve as an oil storage and wash/periodic paint bay, and an
addition to the front of the building consisting of a break room, handicapped
accessible restrooms for both male and female, and a meeting/training room.
Original project estimates for phase II were done by the firm of TKDA in
February of 1992 and were estimated at $380,000. Phase II, however, was
changed from the original concept due to the ADA requirements. The
addition to the front of the building was originally a meeting and training
room and storage for small vehicles. Portions of phase III, which included
the restrooms and shower facilities, were moved into phase II.
In April of 1993, OSM prepared a feasibility report for the revised second
phase of the public works expansion. The estimated cost of the project at
that time was $413,100. The Council requested that we delay phase II
bidding until we had determined the cost of repairing the digester cover at
the wastewater treatment plant. It was also suggested by the City Council
and members of the building committee that we look at downsizing the
sand/salt storage addition.
In January of 1994, the City Council authorized preparation of plans and
specs based upon a downsized salt storage facility at an estimated revised
project cost of $379,700. This was based on an estimated construction cost
of $338,000, excluding engineering work, inspection, and other work to be
done by the City.
Bids were received May 19, 1994, at city hall. The lowest construction bid
received was $486,000. This was $148,000 over our estimated construction
cost. The difference between construction cost and project cost is the
design, construction, engineering, and testing work to be done by the City,
which is estimated at about $42,200; therefore, the project cost would be
$828,200. The City Council reviewed the bids and looked at the possibility
of rebidding in August or waiting until the winter of 1994/1995. Council
selected the option of bidding in the winter for an early spring start and
asked staff and the building committee to look at ways to modify the design
to exclude items that could be added or expanded later and to look at other
cost,saving alternatives.
28
Council Agenda - 12/12/94
Over the summer and fall of this year, OSM and staff looked at various
alternatives. The sand/salt storage building was again reduced in size but
with the flexibility to add on in the future. The roof of the structure was
changed to wood, and the lighting system was reduced, as well as the
windows being omitted. This saved approximately $27,500. The sand/salt
building may need to be expanded in the next five or six years depending
upon the growth of the city, or the City will need to replenish its supply of
sand/salt in mid -winter.
Changes to the shop area included the deletion of the lube rack and power
washer from the contract. These could be purchased at a later date without
the general contractor markup and would put off an expenditure of $18,500.
Electrical modifications were made based upon recommendations from a
local electrician, and much of the existing lighting in the old shop was
saved. Some of the work such as relocating an air compressor and changing
windows at the shop building was deleted from the contract to he performed
by local contractors or in-house. Many of the floor coverings and finishes
were changed or deleted from the addition to the front of the building. Half
of the ceramic tile was deleted in the bathrooms, floor the was deleted from
the hallways, and vinyl wall coverings were deleted from hallways and the
meetng/training room. All in all, these savings were expected to be about
$47,000 in addition to the sand/salt building savings.
The new estimated construction cost based upon the low bid received in
May is now $400,449. Adding a $20,000 contingency fund brings us up to
about $420,500. Adding back in our design, construction, engineering,
testing, and soil correction costs brings the total project cost up to about
$462,672. This does not include any parking or paving work on the site
other than the sidewalks and curbing around the building itself.
Funds available for the project can come from several sources but
predominantly from the liquor store flmd. The expected amount available
in the liquor store fund through the end of October 1995 is $820,000. This
is separate from the $100,000 act aside for the EDA revolving loan fund. Of
this money, $400,000 has been earmarked for the project based upon the
1995 budget. In addition, there is $20,300 in the shop and garage fund for
1993 and 1994 that was not spent. This money was budgeted for exterior
paving, a field computer, and a floor -mounted truck hoist. In addition, the
sealcont project for 1994, estimated at $20,000, was deleted and rescheduled
for next year due to the limited size of the 1994 and 1995 sealcoating
projects. Lastly, there is $40,000 in state aid maintenance funds that can
be used for this purpose and any other City needs without strings from the
State.
29
Council Agenda - 12/12/94
In summary, the project has now been reduced in scope to the bare
minimum. All expansions or equipment that can be put off or deleted has
been done. Any further reductions would be a deletion in quality of
construction and would be offset by long-term maintenance increases, or we
would have to downsize again. There are sufficient funds to complete this
project as proposed without any increase in levy or taxpayer dollars. There
is also one further option that we may explore to further reduce costs, and
that is the use of a construction manager. As you may recall, the City
became the construction manager for the Bridge Park warming house/
restroom building. This was the only way that we could bring the cost in
line with the budget allowed by City Council. For the phase Il public works
project, however, we would not propose that the City become the
construction manager due to current work load and the size of the project.
Doug Wild, the architect from OSM, has proposed that he and OSM become
the construction manager of this particular project to bring it closer in line
with the expected budget. To my knowledge, OSM has not done
construction management projects in the past, but Doug Wild has
considerable experience with this technique with his previous employment
and will present a proposal for being the construction manager at Monday
evening's meeting. During the construction management process, OSM will
change the plans and specs so each trade can bid on portions of the project,
hopefully using more local contractors. Since Doug would be able to pick
the lowest price in each one of the trades based upon their ability to do the
work, considerable savings should be able to be realized. A portion of these
savings go to OSM to pay the construction management fee. The Hospital
District has had success using this technique in the past, while the County,
using the same construction manager as the Hospital District, has had
considerable problems.
B. ALTERNATIVE -ACTIONS:
The first alternative is to authorize advertisement for rebid based
upon the changes, modifications, and deletions as previously listed
using the standard general contractor approach.
The second alternative would be to select Doug Wild and OSM as the
construction manager for the project and revise the plans and specs
accordingly and authorize advertisement for bids for the various
portions of the project.
30
Council Agenda - 12/12/94
The third alternative would be to go back to the drawing board, so to
speak, and again reduce the scope of the project, and at a later date
determine whether or not a general contractor or a construction
manager should be used.
4. The fourth alternative would be to do nothing but to continue with
the existing facilities.
C. STAFF RECOMMENDATION:
It is the recommendation of the staff and building committee, consisting of
John Simola, Roger Mack, Mayor Brad Fyle, and Councilmember Clint
Herbst, that we proceed with the project based upon the estimated cost and
that the Council review the proposal from OSM for being the construction
manager. Depending upon the proposal from OSM, this may be the project
for us to try the construction management technique. Also, if there are
some additional savings to be realized, we may be able to look at the
possibility of adding back in some of the finishes and/or delayed portions of
the project.
p. SUPPORTING Dom:
Copy of May 23, 1894, memo from OSM regarding bids received May 19,
1984; Copy of December 5, 1894, memo from OSM regarding changes to the
scope of the project; Building layout.
C
Orr
0ASS& br.
ton Park Ptxc Cema
' 5775 waynda Ivtkwrd
Minrcaim3K MN 55916-1 22 8
612.595.5775
I-8OP757.5775
PA% 595.5771
Engineers
December 12, 1994
Architects
Planners
Surwrws
Mr. John Simola
Public Works Director
City of Monticello
250 Gast Broadway
Monticello, Minnesota 55362-9245
Re: Public Works Department Expansion and Renovation
OSM Proposal 0406.94
John:
Our proposal for AM services to complete the Revisions, Rebidding, and Construction
Management (CM) for the above referenced project is noted within the following.
REVISE AND REDID
OSM will revise the drawings to incorporate the project reductions agreed as per our
report dated December 2, 1994. We propose the following fees per department:
Architcctund $3.000
Structuml $1,000
Mechanical $500
Electrical $2,000
Total Additional Compcnmtion for Basic Services: $6,500
t� rypm,wn7 rmt+�
II. CONSTRUCTION MANAGEMENT
1. In response to your request to proceed with a Construction Management approach, we
propose the following fees:
Effort to Revise Drawings and Specifications to
Delineate Bid Packages and Assign Divisions of Work, Add: $3,600
(This work is in addition to the previously noted.)
Additional Effort During Project Bid Period to Clarify
Process to Bidders, Add: $500
For Construction Management Service through the Construction
Phase of the Project, Add: $22.000
(Predicated on a 20 week construction period with OSM
representation on-site 18 hours per week)
Total Construction Management Services $26,100
John, our previous reports have identified n potential savings of $20,000 possible through the
CM approach. If we consider a total construction cost of $420,000 and a • 10% savings of
542,000, the breakdown is as follows:
Savings from CM bid process $42,000
- less CM Services ($26,100)
Total Savings from CM $15,900
*Analysis of the breakdowns furnished by two of the bidders indicate a savings of
$32,300 immediately available in the project. We note that these breakdowns are
incomplete in that they ideniVy approximately half of all the divisions of work - thus a
savings of $42,000 may be reasonably expected if all divisions of work were available
for review.
Please review the above and call me with any questions. Thank you for your time.
Singe ly,
Dougl s D. Wild, AIA
Architecture
cc: John Simola/r-ile/BAW/WJ7JJAT
Schdal SOD PWk Phe Center 612.5954775
61 6776 B=ar' 1-daa-763- 5
� m� �i664161225 t=nua96-67n Project Report
Date: May 23, 1994
Re: Public Works Department Expansion and Renovation
City of Monticello, MN
OSM Project No. 5088.10
Items:
1. Bid opening: 10:00 a.m., May 19, 1994 at Monticello City Hall.
2. As is evident by the attached bid tab, base bids range from $486,000 to $544.500 and are
higher than the prebid estimated construction cost of $338,000. The recommendation to City
Council shall be the rejection of all bids and the re -bidding of the project at a later date.
3. Please refer to the attached for OSM cubic foot cost development
4. We have reviewed the project with all prig bidders and a few of the subcontractors to
determine the cause of high bids:
a. The bidding climate is currently very busy as is indicated by the relatively few bidders
on the project despite extensive efforts to generate bids. Most bidders indicated that a re-
bid in early August may reveal a 10% - 15% deduction in construction costs.
b. Bidders expressed difficulty in obtaining bids for many portions of wont. Some noted
trades include earthwork, concrete, masonry, roofing, casework. aluminum entrances. and
glazing. General contractors, in many instances, were forced to estimate subcontract costs.
Of these, masonry bids were noted as the most difficult to obtain - this lack of
competitiveness is reflected in the subcontract sums for this trade.
rq..tq
5. Although it appears possible to reduce the cost of the project 10%-15% simply by re-
bidding the work, it is evident additional deductions or alternates will need to be considered.
Candidate modifications and total cost savings include (per=tages are calculated from the
mid-range base bid sum of $511,000):
Rebid the project in August
$50,000
(save 10% - 15%)
Investigate Construction Management approach;
$22,500
(save 5% - 10%)
Remove Lube Rack from construction contract;
$17,000
Reduce quality of floor finish at wash bay;
TBD*
Investigate alternate masonry coating systems;
TBD
Utilize full height CMU veneer in lieu of half height
TBD
Remove selected finishes and accessories;
$5,000
Utilize 45 mil. roofing system in lieu of 60 mil.;
$2,000
Reduce lighting at Salt/Sand storage;
$400
Delete modifications to lighting at maintenance building;
$2,500
Delete modifications to windows at maintenance building;
$600
Remove new metal railing at mezzanine from contract;
$500
Consider new metal stair as alternate bid;
$1,500
Delete refinishing of existing OH doors;
TBD
Include skylights as alternate bid;
$20,000
Delete the eau portion of Salt/Sand
$12,000
Utilize wood fiberboard at deck of Salt/Sand
�QQ
(in lieu of polyisocyanurate)
Estimated total savings to date - to be verified
$134,500
('To Be Determined)
c: WJ7JBAW
File - OSM Project 05088.10
j: %Am hWvheportttmontrprAdw
Iq �3
OAIS)OLOrr
me
300 Pad; sLace amu
5775 Wayzata BMW aN
Mmtrapdd, MN 55116.1328
612395-5775
Memorandum F, -80D-753-5775
Mats
FROM: Douglas D. Wild ( 612) 595-5644
TO: John Simola
DATE: December 5, 1994
SUBJECT: Public Works Department
Expansion and Renovation
OSM Project # 5088.10
John:
1. Per our last phone conversation and a discussion with Brct Weis, please rind enclosed a
revised project estimate reflecting construction cost deductions taken from the low
bidder - GEH Construction.
2. Note that we had initially deducted costs from the mid-range bidder (Gopher State) to
provide a safety margin since the recent bidding climate has been so vnlatile. By using
the low range bids, please be aware that risks are incurred since we are relying more
heavily on effective competition between bidders.
3. I've applied a few revised numbers within the body of the estimate to reflect the
breakdown provided by GEH. The most significant revision is the deduction for the
downsizing of the Salt/Sand shed ($13,000 in lieu of $10,000). GEH's number for this
addition was higher than Gopher States bid - thus the SF cost of dto building is higher.
What I have done to arrive at $13,000 is to calculate this higher SF value, develop it
into a savings for the downsizing, and then use 75% of this to account for the
mobilization and set-up efforts necessary regardless of building size.
Please review and call with any questions - thanks.
rmwolv.M."rr•a— /y . 6
Public Works Department
Expansion and Renovation
City of Monticello, MN
Ropowa Rwhbns and Cost 3avhfgc
Reposed cost KNWV revhbrn from In -frame ravlow and conventions with bidden
Robld the pro)oct h August or Septornba
Downstze Sall/Sond to occomd
oato 500 CY (too attochod)
hope petrrtlf fees by owner
ROOM Q=W nardonor/toolot a fbp of Wahboy h tau of Opoxy
E6rvrato bolads at OI Stoogo OH Door
Masorvy
tle0 (LLA hfthl r:kplI in lou of half-tYgh
[M* -,Oto AUIOCsavo roqutomont to "ovo cornpotltlon
Pravda 4'14 wah of storage roan - oflnbrulu J-A:d
Modify footkfgs at oast wal of Malnt. (at'nvnoto apron rovWons)
M660b
Uw woad ktruatwo arra dock of Sati/Sad
Mftnl7o nlofel 6KWV
EM*xdo replacement of mouan ine raj
Wood and Plastics
DoWto chat cal
nw nco and Moblw" haiwoon
Uinta 45 ml. momdano in sou of 60 nd.
EYNrato Pdylso of SM/Sad dock
Novsdo droo tow of {.—oa of roof I
Ekr*x to nanoucont pants at Solt/Sora (Irfckdhp Masarvy modllfcatlons)
OSM Amoclwos Inc.: IM/94
Pogo I
Project Report
flow Ifld:
AR. I WS SIM.)
En%*onrnent has not eased
$13.000.00
(dwoo3e Iength nam 55' to 44)
' 13,000.00
61,00D.OD
$1,700.00
6500 00
SS000.00
sae std. grey uNls
51,000.00
31.500.00
01,000.00
6SOM.00
6500.00
3500.00
5600A0
6500,00
111600.00
6500.00
115000
Pogo I
Pull,_: Works Department Project R*.fort
Expansion and Renovation
City of Monticello, MN
OSM Associates Inc.: 12/2/W PaOo 7
1
eaw silt AN. 1 (ve slog.)
Doors aria wWOM
Delete moallkatbru to wkxk ws at Maht. Rldp,
81,�0D.o0
Staff entry to be Hollow Metal
.
ROW
Usf ate finlsh of deck and structure in Soil/Sand (al kertber treated)
$250000
E6rNnote vwC
SMOD
EWnksafe corarNc wall No at bortoorns (partially)
01,600.00
Rovkse VCT in You or Quarry too
$1,600.00
Delete r6ftrrdh i g of MOInt. Boy OH doors
MOO
Eflrrynote Darting at Interior of Info portion (except woshboy)
- $76000 (mt. fn r- by ASM)
speciatism
EbrdnWo lo0orf from contract for owner to puchase
81,$00.00
MischaniCal
ElmInoto kt)e rock and power washer hom contract �
blQfi00.00 (deduCt In[kIdOi labor)
Owner to rawcoro consprossof.
660).00
Ekrrynate cabinet hoofer of &oak Room.
8660.00
Itrical
EemInato rov4bns to Iphtfrg 1n Matnl. Bay
s4mo 00
Rovho from 00saso to skgloVoorse
81.500.00
Reduce fhtuo counts of Tfak*V and San/Sand addition
81.600.00
VOTAL 8AVW.5 VU DEDUCTIOWAITERFLATEs:
"7r66000 821.600.00
OSM Associates Inc.: 12/2/W PaOo 7
1
Public Works Department
Expansion and Renovation
City of Monticello, MN
Project Report
RMsed holed Esltmab: TWO
AU bid cosh takon from low bidder - GEH Construction with bid tot the 7wse' project at 538ZOM and the Satt/$oftd Addthon at $90.00O.
Trok*V ACJdltlon Mohtem nce Rarwvotlon W3 Constructor. SM460.00
Now Stat. Sky5ghts
SUBTOTAL
034,450.00;
5% ConttKponcy Fund:
S16,77 M'
TOTAL BASE BID:
{.761,17260
ADD ALT. 1
Saft/Sond Storage Shed (44'X 38' open erd/n0 hons. paneh)
Sa500 OD
SUBTOTAL:
641 &672.60.'
6% Corttponcy Fund AdclIton:
S& 126.00
TOTAL BASE BID AND ALTERNATE NO. 1:
6416,707.50
ADD ALT. 2
16 h. Total Systema RoofkV Warranty (may hctudo 60 mE. rrornarana)
5&606.00
SUBTOTAL:
SQU207.5U
6% Cotnpency Fun] Addltbn:
8176.00
TOTAL BASE BID AND ALTERNATE NO.s 1 & I
$M47250,
The loeow"g Items oro not Included In the abovo:
1. UlWting CM opptoach - approx. 520.0!]0 savhgs.
2. EUtnato to*V for woof wood construction for Trolnhg Room Addilon • opprox. $10000 • S 16.00o sWhgs.
3. Etllmatod KwdXp to oerr*wtlon of mosorwy vorgot and roploco with oxtorlo tgJotbn systom - approxi 514,000 to 01MO00Iwvtngs.
i
OSM Assoclotol Inc.: 12nm
Pago 3
0E
1.DING
w•I•.ct S•n[
a cwt
r�r
CIT. -C-3 0" 1 to
OIL SIM.Ca 7--1
1
OMIT
t
VEHICLE STORAGE
ruf/wIt a.lc[(aulgrl[rr
r.n:`TES. lioC
• tT
•ISr I.0 3•0 fr°r•U SVILCI.0 TO BE SE—E0
�K• r.,l.o I. Is •.E•
PHASE 2A
•s•Lr frol•c[ [•cLosu•[
M Gars •tOwlto a1 /arcs Ex[
Stn -C- LJ.[
refs lilt 10.014 CIRLVL•TIa. .o, :LE M•w[I Cimt
ruTpt vtw, C11 sTWICE Err•sf101
OTIL1:1 [::SSfI G VTW1"C Srt.•CI •ALL
AS
AKf[r[a•TIOY
— PHASE 28
•r•L./r•I.T NAT -KI YEYQTL .•IYTE•••C[ MEL`
-OIL STeI•q
r CO.C.l Ot
t• Sr•VCTV[� ru NrE [TI[•1°r
:.Su•IICI ON
STs I tY i0 tE YR mI•
•ELOO. valnLIN
I. a[It•.1Ri•OD sarL I W r/
•r01i•ALt rf•I0.[ MOlfr IT
C.Q.
I•ar Kra I[tz. sr•n
I
1[t cwt a n..il.c ..[•
Kr r•rirw 1+ sYls aa[•, r+ET' IN tort Cluct'
I
1 I-1 1-1 I-1
[f IST 1.6 NOW KIIMIrt
MATER
OFi'IICE :VEHICLE PAINT. 1[turLlwrt
BLDG. I 1 I— J !_ J
PHASE 2C
—j� IPt, --•2 •yru[ .nolrla. - S .Cts .s S -O" r •0. CO.a•L I.•I aCctss. •ISISO0u1....11G.
C•! Y[[f1.W t. .• tqM 1 •tivltl r•a•1 W. I.rOSCui•4 •s S.0- Ir[a.l
Ta•I.1.6 •III alA •{UL•110Y YR I[0
40 rY•!tE It aY° 1�.Sr1.
a•rt.
I•" -----r--- i--�•----
PARKING I PARKING '
SITE PLAt1�SCHEIIATIG DESIGN 'A2' Y..Y .
I.b. e S 10 10 .0 t0
Dote Comm. No !
Orr Orowing Title
Seltalen VEHICLE STORAGE FACILITY
Meyeron DESIGN 'Al' -MAY 93 5088.00 OAK— Associates, Inc. SCHEMATIC � PHASE 2
[a[Intrrr . ArtalttOtt • ►Itnn... . $ur•tran
We ►.TS ►1... a.t.r . trft Iy As �rd..ua
■I..•. rYll.... t5411•1t7.rll•ttS ans MONTICELLO, MN.
Sheet no.
Council Agenda - 12112J94
rs. CJonsiderntion of scbedalin¢ a special meeting for Planninq
Commission interviews. (J.OJ
A. REFERENCE AND BACKGROUND:
This is to inform Council that the Planning Commission conducted
interviews for filling the two vacant positions on the Planning Commission.
The interviews were conducted at the end of the regular meeting of the
Planning Commission in December. Applicants interviewed included Steve
Andrews, Rod Dragsten, Dick Frie, Earl Smith, Jerry Wells, and Bob
Grieman. The Planning Commission was very impressed with the
applicants. The competition for the two positions was excellent.
Unfortunately, the first meeting of the Planning Commission in 1995 falls
on Tuesday, January 3, which is the first day of work after the New Year's
holiday; therefore, the only way that the two new members of the Planning
Commission can be interviewed and appointed to their new position in time
for the meeting on Tuesday is for Council to conduct a special meeting of
the City Council sometime during the day on Tuesday, the 3rd. In the
event that two members of the Planning Commission cannot be appointed
on that day, it is possible to conduct business with only three members of
the Planning Commission available. If you feel that it is important that the
two positions be filled prior to the Planning Commission's meeting at 7 p.m.
on Tuesday, January 3, I would suggest that you schedule a special meeting
of the City Council for 5 p.m., Tuesday, January 3.
Prior to the special meeting, staff will send you a reminder notice along
with a copy of the applications and the Planning Commission's
recommendation.
32
Council Agenda - 12(12/94
16. Consideration of vacating a uortion of a upthwav easement.
location is Lots T and 8, Block 2. Cardinal Hills 4th Addition.
Anulieant. Value Plus Homes. Inc.. W.O.)
REFERENCE AND BACKGROUND:
Detail regarding this request was not summarized in time for printing of
the agenda material. Staff will provide a verbal report at the meeting on
Monday.
33
RRC FINANCIAL SYSTEM
12/01/94
09:37:47
Disbursement
Journal
`WARRANT
DATE
VENDOR
DESCRIPTION AMOUNT CL
GENERAL CHECKING
37657
11/29/94
ALLISON OPAY
.90373
RECYCLING PRIZE
20.00
37658
11/29/94
MELANIE OPAY
.90374
RECYCLING PRIZE
20.00
37659
11/29/94
VANGI TINGELSTAD
.90375
RECYCLING PRIZE
20.00
37660
11/29/94
SARA WALLIN
.90376
RECYCLING PRIZE
20.00
37661
11/29/94
LORI MAKI
.90377
RECYCLING PRIZE
PO.00
37662
11/29/94
ALEXIS FRISCHMON
.90378
RECYCLING PRIZE
40.00
37663
11/29/94
BO, CALEB, & KIM NEL
.90379
RECYCLING PRIZE
20.00
37664
11/29/94
MN DEPART OF NATURAL
118
WATERCRAFT TITLE
25.00
37665
11/29/94
MN DEPART OF NATURAL
118
WATER & SNOW REG 465.00
37666
11/29/94
RYAN CONTRACTING INC
750
CONST COSTS/C HILL 44,145.14
3166'/
11/29/94
MONIICELLO SCHOOL 01
855
PARK DED1CA11UN FEL 9,400.00
37666
11/29/94
MN DEPART OF NATURAL
118
WATERCRAFT TITLE
46.00
37609
11/29/94
MN DEPART OF NATURAL
118
WATER/SNOW/ATV REG 1,107.00
37670
11/29/94
COAST TO COAST
35
MISC SUPPLIES/C HALL
3.93
2/670
11/29/94
COAST TO COAST
35
SMALL TOOLS/SHOP & GAR
10.61
'37070
11/29/94
COAST TO COAST
35
CLEANING SUP/LIBRARY
20.63
77670
11/29/94
COAST TO COAST
35
MISC SUPPLIES/WATER DEP
5.08
37670
11/29/94
COAST TO COAST
35
MISC SLIP/OEP REG OFF
11.05
37670
11/29/94
COAS1 TO COAST
35
MISC SUP/PARKS DEPT
21.12
7707U
11/29/94
COAST TO COAST
35
MISC SUP/SEWER DEPT
0.36
37670
11/29/94
COAST TO COAST
35
REPAIR SUP/STREET: nEPT
7.22
37670
11/29/94
COAST TO COAST
35
MISC SUP/STREL•T DEPT
33.99
37670
11/29/94
COAST TO COAST
35
SMALL TOOLS/SHOP & GAR
0.06
37610
11/29/94
COAST TO COA5'r
35
BLU RCP tiUP/PARKS DEPT
13.81
J/670
11/29/94
COAST TO COACT
35
MTC OF EQUIP/FIFE OL'P1
21.00
376/0
11/29/94
COAST 1'U COAST
35
MISC SUP/C HILLS IV PR
15.17
177.43 SC1
37671
11/29/94
NORTHWEST MINNC90TA
156
REG FEE/GARY ANDERON
10.OU
37671
11/29/94
NORIHWE;T MINNESOIA
156
MEMBERSHIP DUE;;
10.00
0.00 •CI
^767?
11/29/94
MN BUILDING OFFICIAL
729
REG FEE/GARY ANDERSON
15.00
.37673
11/29/94
II.S. POfITMASTER
210
POSTAL; E/NEW1A.LTTE R ML
309.50
GENERAL
(HFCKING
TOTAL 55,070.07
BRC FINANCIAL SYSTEM
12/02/94 10:28:26 Disbursement .Journal
(,WARRANT WARRANT DATE VENDOR DESCRIPTION AMOUNT CL.
GENERAL CHECKING
37674 12/01/94 MN DEPART OF NATURAL 118 WATER/SNOW/ATV REG 1,868.00
37675 12/04/94 ADVANTAGE PAPER 833 CITY HALL SUPPLIES 17.65
37676 12/04/94 AMERICAN TEST CENTER 856 TESTING/FIRE TRUCK 941.00
37677 12/04/94 ANOKA HENNEPIN TECH .90321 FIRE DEPT TRAINING 800.00
37678 12/04/94 ARAMARK 848 CITY HALL SUPPLIES 114.00
37679 12/04/94 ASSOCIATED VETF.RINAR 683 ANIMAL CONTROL SERVICE 31.79
37680 12/04/94 BIG LAKE MACHINE 495 STEEL/STREET DEPT21.83
37681 12/04/94 BRAUN INTERTEC CNVIO 636 ENG FEES/C HILLS TV 501.50
37682 12/04/94 C J BROWN BUSINESS S 597 CITY NEWSLETTERS 310.87
31683 12/04/94 CELLULAR 2000 OF ST 794 MOBIL PHONE CHGS/WATER 9.34
,7683 12/04/94 CELLULAR 2000 OF ;;T 794 MOGIL PHONE CHGS/FIRE 0.14
37083 12/04/94 CELLULAR 2000 VE bl 184 MUE11L PHONE CHCS/C DE 168.09
.17603 12/04/94 CELLULAR 2000 OF ST 794 MOBIL PHONE CHGS/PW IN 51.17
228.74 *CH
17684 12/04/94 CENTRAL MINN 1NITIAT 822 CMIF GRANT PAYMENT 1,100.21
37685 12/04/94 OINO10 DELI .90219 ELECTION JUDGES STIP 90.53
37606 12/04/04 EMERGENCY APPARATUS 400 FIRE DEPT VEHICLE M 1,018.00
)1607 12/04/94 FRONTLINE PL.U9 FIRE 510 CLOTHING/FIRE DFPT 501.45
37608 12/04/94 GENERAL RENTAL CENTE 64 METAL BLADE/STREET DEP 44.05
37660 17./04/94 GCNERAL RENTAL CENTE 04 TOWABLE SIGN/FIRE DEPT 15.90
60.03 ACH
31689 12/04/1)4 GULLING',. LXC. 624 DIRT MINING/DUNDAS RD 305.00
J7G90 17/04/94 H G L MEf�AfIY 050 LILAD[ S/BOLTf,/SNOW 0 2,724.42
3'1091 12/04/04 HF.RML5/JhkRY B1 LIBRARY CLEANING CONT 7.27.:x0
9lG02 1Y/04/04 HOLIDAY CkEDIT OFFIC O5 GA;/FIRE DEPT 142.25
)'1(j03 12/04/04 INf)U4Tk1AL MAINZ . OU 514 :,NOP & GAR SUPPLIES 115.37
J7694 12/04/94 J M OIL COMPANY 95 OIL/STRECT DEPT 230.40
BRC FINANCIAL SYSTEM
12/02/94 10:28:28
WARRANT DATE VENDOR
GENERAL CHECKING
37695 12/04/94 MARCO BUSINESS PRODU
37696 12/04/94 MID—CON SYSTEMS, INC
37697 12/04/94 MONTICELLO ANIMAL CO
37697 12/04/94 MONTICELLO ANIMAL CO
37898 12/04/94 MONTICELLO SENIOR CI
37699 12/04/94 O'NEILL/JEFF
37700 12/04/94 PETERSEN'S MONT FORD
37701 12/04/94 ROYAL TIRE OF MONTIC
37702 12/04/94 RUFF AUTO PARTS
37702 12/04/94 RUFF AUTO PARTS
37703 12/04/94 SHIERTS/ROBERT
37704 12/04/94 SPECTRUM SUPPLY CO
37704 12/04/94 SPECTRUM SUPPLY CO
37705 12/04/94 STATE OF MINNESOTA
37706 12/04/94 TECHNICAL REPRODUCTI
37707 12/04/94 TRUEMAN—WELTERS. INC
37708 12/04/94 UNITOG RENTAL SERVIC
37706 12/04/94 UNITOG RENTAL SERVIC
37709 12/04/94 UNITOG RENTAL SERVIC
37708 12/04/94 UNITOG RENTAL SERVIC
37709 12/04/94 UNITOG RENTAL SERVIC
37708 12/04/94 UNITOG RENTAL SERVIC
37709 12/04/94 UNIVERSITY OF MINNES
37710 12/04/94 VIKING COCA COLA
37711 12/04/94 VOSS ELECTRIC SUPPLY
37712 12/04/94 WRIGHT COUNTY AUDITO
Disbursement Journal
DESCRIPTION AMOUNT t
106
OFFICE SUPPLIES/C HALL
86.39
857
GEL LUB/STREET DEPT
91.60
185
ANIMAL CONTROL CONT 1,100.00
185
REIMB/DOG FOOD & SUP
103.93
1,203.93
139
MONTHLY CONTRACT PV 2,833.33
161
MILEAGE REIMS
119.84
185
VEHICLE REPAIRS/STR£E
558.47
227
TIRE REPAIR/STREET DEPT
6.50
268
FUEL TANK/STREET DEPT
85.00
268
FRONT BRAKES/SEWER COL
20.00
105.00
881
SLUDE APPLICATION C 1,433.41
498
CLEANING SUP/SHOP & G
131.04
498
GLOVES/STREET DEPT
94.99
216.03
461
1994 MINN STATUTE 800
191.70
854
ENG FEES/PW INSPEC
282.04
207
LINK/SNOW 9 ICE
13.86
211
UNIFORM RENTAL
13.84
211
UNIFORM RENTAL
27.28
211
UNIFORM RENTAL
12.80
211
UNIFORM RENTAL
12.80
211
UNIFORM RENTAL
71.06
211
UNIFORM RENTAL
35.52
173.10
212
REG FEE/G ANDERSON
145.00
770 POP/PARKS/CONCESSIONS
111.80
408 STREET LIGHT BULBS
201.82
219 SCERG GRANT REIMB 2.780.51
37713 ,12/04/04 WRIGHT-HENNEPIN COOP 512 STREET UTILITIES 8.00
GENERAL CHECKING TOTAL 22.057.77
is
*L
*c
* is
ERC FINANCIAL SYSTEM
12/08/94 08:57:55
CARRANT DATE VENDOR
GENERAL CHECKING
37655 12/00/94 WRIGHT WAY SHOPPER
37679 12/08/94 ASSOCIATED VETERINAR
37679 12/06/94 ASSOCIATED VETERINAR
37709 12/08/94 UNIVERSITY OF MINNES
37714 12/08/94 MAROUETTE BANK MONTI
37714 12/08/94 MARQUETTE BANK MONTI
37715 12/09/94 A.E. MICHAELS
37716 12/09/94 ANDERSON/GARY
37717 12/09/94 9 & D PLUMBING & HLA
37718 12/09/94 BIG LAKE LUMBER
37719 12/09/94 BUSINF.SG RECORDS COR
37719 12/09/94 BUSINESS RECORDS COR
97720 12/09/94 COMMONTCATION AUDITO
37721 12/09/94 COPY DUPLCATING PROD
SY722 12/09/94 CULLIGAN
97?13 1?/09/94 OYNA SYSTEMS
37724 12/00/94 ELVIN SAFETY SUPPLY,
;Y7' ?5 12/09/94 FEDERAL E%PRC63 CARP
:i7726 12/09/94 FEEDRITE CONTROLS, I
37738 12./U9/94 FEEDNITE CONTROLS. T
1(17 1I/09/94 FLICKCR" T.V. & AFP
11741 1�1/O9/94 PLIC9Ct,'S T.V. A AVP
-i1?0 12/00/94 GLASS NUT/THE
12/09/74 tiI.A3'1 Htil/7HC
A
Disbursement Journal
DESCRIPTION AMOUNT CI
711
CHECK VOIDED 87.75CR
683
CORRECT CODING 31.79
683
CORRECT CODING 31.79CR
0.00
*C1
212
CHECK VOIDED 145.000R
221
WIRE TO 4M FUND 935,529.37
221
WIRE CHARGES 15.00
935,544.37
*f`
338
PAINT/VEH MTC/STREET 5.99
11
REIMB/MEMBERSHIP DUES 5.00
609
FURNACE REPAIR/:3F.N CI 300.34
316
MTC REPAIR/SEWER COLL 77.45
27
W'2 FORMS & ENVELOPES 92.86
21
LLEL.TIUN bUPPLILS 85-,.95
945.83
*C'
30
PAGER REPAIRS/FIRE DEP 89.61
41
COPY MCH MTC/LIBRARY 54.40
7b3
WATER SOFTNER CHGS 23.11
50
SHOP & GAR MISC OPV 265.55
053
SPOT F1UICC/STREET DEPT 91.14
394
PO,TAGC/RFCY SCANNER) 12.50
tib
MISC CNG/HATER DEPT 72.6U
56
CF.HMICAI.S/WATFR 'IF.P 3,139.17
9,211.17
1'1-
'cGO
60
VEH RLPAIR PARTO/9TRCFl 6.00
00
EQUIP REPAIR/CIRC ULi'l 41.47
47.4!
oC
66
VEHICLE MTt/PARK`1 DEPT 29.94
(,G
1-0f)R ki.PAIR/GF:NIOR LIT D.'i9
JO.t�i
ar
ERC FINANCIAL SYSTEM
12/08/94 08:57:55
cARRANT DATE VENDOR.
GENERAL CHECKING
37729 12/09/94 GOULD BROS. CHEV-OLD
37730 12/09/94 GRANITE CITY IRON WO
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37731 12/09/94 HARRY'S AUTO SUPPLY
37732 12/09/94 HERMES/JERRY
37733 11/09/94 HOGLUND BUS COMPANY
3/733 12/09/94 HOGLUND BUS COMPANY
3Y733 12/09/94 HOGLUNU BUS COMPANY
37734 12/09/94 HOLMEF & GRAVEN
3771'.. 17/09/94 INFOPAC SYSTEMS, INC
37730 1?/09/94 KEN ANDERSON TRUCKIN
77737 12/OC/04 KkAMBER Ct ASt= IATE9
37730 12/09/94 LUKACH/JOHN
97730 12/09/04 LUKACH/JOHN
37700 12./09/94 LUKACH/JOHN
,11/30 1?,IU9/94 LUKACH/JOHN
)7'):,tl12/00/74 MAkTTF "; FAkM SERVIC
077411 1?/09/94 MAID, VOOUIf
91141 12/01/94 MAUS FGO'1G
1140 1 • /09/04 MA11 , F001:4
'•1 'I I10lI 1^/`l 9/94 MA118 FOOE'C
x/740 12/09/94 MA119 r00fi`,
774 1
1.'; !1')/94 MINNLI,AL'la)
"l 141
1 ,09/94 MINNI6A�CCI
C 174 1
1 : /09/04 MINNLGA:)60
114 1
12/00/94 k1INNE1,A'-( 0
31741
1:?!1i')/')4 MINNEGA"
Disbursement Journal
DESCRIPTION A14OUNT C'
70 VEHICLE REPAIRS/FIRE D 35.75
659 AUGER REPAIR/SNOW & I 160.30
78 CORRECT COOING 20.20CR
78 VEH MTC/3TREEET DEPT 47.80
78 MISC SUP/SHOP & GAR 51.20
78 OIL/SEWER COLL 12.65
78 MISC SUP/STREET DEPT 26.57
78 VEH REP PARTS/STREETS 102.63
78 OIL/STREET DEPT 17.00
78 VEH MTC/FIRE DEPT 14.86
78 SMALL TOOLS/SHOP & GAR 79.13
341.64
91 LIBRARY CLEANING CONT 227.50
82 CREOIT/RETURN 59.86CR
82 FIRE DEPT VEH MTC 29.G2
82 VEH REPAIR PARTS/SIRE 209.61
179.37
86 HRA LEGAL FEES 106.00
062 COMPUTER PAGER/CITY H 100.00
697 ANIMAL CONTROL UEP.VTCE 80.95
080 ASSESSING CONTRACT 1,245.83
327 MILEAGE EXPENSE 19.15
327 MILEAGE EXPFNSE 1o.11,
327 MILEAGE: EXPEN:iC 19.15
327 MILEAGE EXPENSE 19.15
70.60
107 SUPPLIEG/PW INSPFCTIRN 11.10
100 ' HOP 8 GARAGE SUPPI. Y :; 16.01
100 ELECTION f�UPPLIE6 25.06
100 SHOP !i00PLIF,3/WATfk 0(_ Si.1`3
100 CITY HAI L C-Ut Pt 1E;1 24 .00
100 L�,,kAWY rUPPLIC:;
124.04
112 UTILITIES 111L.4:
772 :ITIt ITIF;; 110.21
771 1)iILITIt,3 47.3(?
II? UTILITILG ';.�5
771 Ul it i m 700.01rCk
wC
+c
a.
BRC FINANCIAL SYSTEM
12/08/94 08:57:55
.ARRANT DATE VENDOR
GENERAL CHECKING
37741 12/09/94 MINNEGASCO
37741 12/09/94 MINNEGASCO
37741 12/09/94 MINNEGASCO
37742 12/09/94 MONTICELLO ANIMAL CO
37743 12/09/94 MONTICELLO PRINTING
37744 12/09/94 MOON MOTOR. SALES. IN
37745 12/09/94 NATIONAL BUSHING PAR
37745 12/09/94 NATIONAL BUSHING PAR
37745 12/09/94 NATIONAL BUSHING PAR
37745 12/09/94 NATIONAL BASHING PAR
37745 12/09/94 NATIONAI BUSHING PAR
37745 12/08/94 NATIONAL BUSHING PAR
37745 12/09/94 NATIONAL BUGHING PAR
37740 12/09/94 NORTHERN STATES POWE
3774G 12/08/94 NORTHERN STATES POWE
C 37746 12/OH/94 NORTHERN ;TATES POWE
17746 1?/09/94 NORTHERN STATES POWE
37i4G 12/09/94 NORTHERN STATES POWE
37746 12/09/94 NORTHERN ''TATES POWE
3 174 U 12/09/94 NORTHEkN STATES POWE
3774G 12/09/94 NORTHERN STATES POWE
37746 1?./09/94 NORTHERN STATES POWE
�774G 12/09/94 NORTHERN GTATES POWE
;7747 12/07/94 NTC RE:TORATION
17143 12./07/94 0(..3ON & SONS E,LECTRI
17/40 121/09/04 OLGON & CONE ELFCTRI
37740 12/07/94 OL,,QN , :•t)N:; ELEC'iRI
77740 12/00/04 OLSON C, 0ON', IL6CTRI
37140 12/03/94 01.: ,1N h :3ON.'l ELf.CTkT
:7'1140 12/09/94 OL50N b GONG E'LECIRI
11140 1?/00/94 PLUML)EGY Fl1RCELL': P
.3171,13 12/09/94 PkFUd"E '1', CLE'AN1N(, 'i
';71,50 1?/00/04 PRF(':;GE'C CLEANTN6 1•
I
Disbursement Journal
DESCRIPTION AMOUNT C
772 UTILITIES 260.24
772 UTILITIES 1,416.68
772 UTILITIES 28.08
1.367.26
185 ANIMAL CONTROL CONT 1,100.00
137 BUSINESS CAROS/OLLIE K 47.93
142 VEH REPAIR PARTS/PARKS 21.08
144 VEH REPAIR PARTS/STRE 455.19
144 MISC SUP/SNOW & ICE 2.61
144 EQUIP REPAIR PARTS/GTR 44.78
144 EQUIP REP PAkTS/SNOW& 103.17
144 MISC SUP/SHOP & GAR 47.93
144 SMALL TOOLS/SHOP & GA 309.91
144 VEH REPAIR PARTS/SEWER 54.95
1,018.54
148 UTILITIES 2,609.73
148 UTILITIES 206.97
11,8 UTILITIES 4,552.90
140 UTILITIES 707.76
148 UTILITIEG 14.14
140 UTILITIES 412.84
148 UTILITIES 210.75
140 UT'ILIIIES 300.42
14e UTILITIES 677.17
140 RELOCATE TRANSFORMER/ 500.00
10,282.76
052 LAKE TRAILO/C HILLS 1,440.14
IGO WIRING.CTC/DCP REG OF 015.40
160 MTC OF DLO/FIRE DEP 1,401.95
160 DOL110ARK:; 17F.PT 131.02
160 FU;F./5TRETT LIGHTING ')7.40
160 CORD/LIFT t)YATION 7.43
160 6LD REP f,UP/SHOP 6 GAR ;7.12
•1,bO2.00
:". 1 1 LIKNACE (%EP/WWTP RENTA 'Ib.00
173 I'Il.f' HALL CLt ANING CON 50.00
179 CIIY IIAIL CLEANING GO 400.00
450.00
•C
kCl
xC1
4
BRC FINANCIAL SYSTEM
12/08/94 08:57:55
.ARRANT DATE VENDOR
GENERAL CHECKING
37751 12/09/04 PROFESSIONAL SERVICE
37752 12/09/94 RIVERSIDE OIL
37753 12/09/94 SCHARBER & SONS, INC
37754 12/09/94 SCHLUENDER CONSTRUCT
37754 12/09/94 SCHLUENDER CONSTRUCT
37755 12/09%94 SENSIBLE LAND USE CO
37756 12/09/94 SIMONSON LUMBER COMP
)7756 1?/09/94 SIMONSON LUMBER COMP
37756 12/09/94 SIMONSON LUMBER COMP
37756 12/09/94 SIMONSON LUMBER COMP
)7757 12/09/94 UNIVERSITY OF MINNES
31758 12/09/94 UNOCAL
3,7759 12/00/04 VASKO RUBBISH REMOVA
37759 12/09/94 VASKO RUBBISH REMOVA
37759 12/09/94 VASKO RUBBISH REMOVA
37760 12/00/94 WRIGHT COUNTY AUDITO
37761 1?/09/04 WRIGHT COUNTY DEPT 0
37702 12/09/134 WRIGHT-HENNEPIN COOP
37763 1?/09/94 Y.M.C.A. OF MINNEAPO
GENERAL CHECKING
c
Disbursement Journal
DESCRIPTION AMOUNT C
175 WWTP CONTRACT PYMT 31,840.50
496 GAS/STREET DEPT 986.42
229 VEH REPAIR PARTS/PARKS 36.86
167 GRADING CHGS/TOWNHOUS 500.00
187 DIG WATERLINE/RAMSEY 180.00
680.00
863 MEMBERSHIP DUES/JEFF 125.00
193 SUPPLIES/PW INSPECTION 18.11
193 MTC OF BLP/SEWER COLL 275.66
193 VEH REP PARTS/STREETS 60.46
193 MISC SUPPLIES/STREETS 44.62
398.05
212 REG FEE/SEMINAR/GARY 120.00
213 GAS/FIRE DEPT 7.02
524 GARBAGF CONTRACT 8,722.64
524 SALES TA%/GARBAGE• CON 561.10
524 LEAF PICK/OCT 29 000.00
10,083.74
210 95 TAX LISTING CHG 197.95
275 W C MAPS FOR RESALE 79.30
S12 ALARM SYSTEM/DEP REG 373.n4
224 CONTRACT PAYMENT 625.00
TOTAL 1,007,125.79
aC
VC
4C1
ERC FINANCIAL SYSTEM
12/01/94 09:38:29 Disbursement Journal
CwARRANT DATE VENDOR DESCRIPTION AMOUNT CL
LIQUOR FUND
17825 11/30/94 LIEFERT TRUCKING 800025 FREIGHT CHARGES 805.66
17826 11/30/94 GRIGGS, COOPER & COM 800018 WINE CREDIT 6.11CR
17826 11/30/94 GRIGGS, COOPER & COM 800018 LIQUOR PURCHASE 308.80
302.69 *Cf
17927
11/30/94
U S WEST COMMUNICATI
800093
ADVERTISING
26.10
17826
11/30/94
PHILLIPS WINE & SPIR
800180
LIQUOR PURCHASE
1,071.41
17828
11/30/94
PHILLIPS WINE & SPIR
800180
WINE PURCHASE
463.45
1,534.86
17829
11/30/94
MONTICELLO TIMES
800032
ADVERTISING
323.10
17830
11/30/94
QUALITY LAWN MAINTEN
000070
MOWING CHARGES
35.00
17831
11/30/94
DISCOUNT PAPER PRODU
800177
MISC SUPPLIES
151.70
17832
11/30/94
GRIGGS, COOPER & COM
800018
LIQUOR PURCHASE
2,529.,82
17933
11/30/94
EAGLE WINE COMPANY
600012
WINE PURCHASE
1.241.16
17834
11/30/94
GROSSLEIN BEVERAGE 1
000019
DEER PURCHASE
7,001.40
1/835
11/30/84
NORTHWEST CARPET & U
800179
CARPET CLEANING
138.45
17836
11/30/94
HAMILTON/MICHAEL
800089
PAINT LIQUOR STORE
SI 700.00
17837
11/30/94
JOHNSON BROS WHOLEGA
800022
LIQUOR CREDIT
25.96CR
17837
11/30/94
JOHNSON BROS WHOLESA
900022
WINE PURCHASE
4.194.61
4,158.65
17838
11/30/94
PHILLIPS WIVE & SPIR
800180
WINE PURCHASE
1,700.60
17038
11/30/94
PHILLIPS WINE & SPIR
800180
LIQUOR PURCHASE
3,346.26
5,046.86
17039
11/30/94
EAGLE WINE COMPANY
800012
WINE PURCHASE
2,300.93
17839
11/30/94
EAGLE WINE COMPANY
800012
MIXES FOR RESALE
46.39
2,347.32
17040
11/30/94
QUALITY WINE & SPIRT
800040
MIXES FOR RI;SALE
30.75
11040
11/30/g4
QUALITY WINE & ,PIRI
800040
LIQUOR PURCHASE
003.70
17040
11/30/94
QUALITY WINE 8 SPIRT
000040
WINE PURCHASE
330.11
1,164.56
11041 11/30/94 GRIGUS, COOPER 8 COM 600010 LIQUOR PURCHASE 4,925.OG
17041 11/30/04 GRIGGS. COOPER 8 COM 000010 MIXES FOR RESALE 163.12
5,009.00
LIUIIUR FUND TOTAL 32,390.41
*Cr
2,137.24
17853 12/05/94 JUDE CANDY & TOBACCO 800021 CIGS & CIGARS FOR RES 106.00
17053 12/05/94 JUDE, CANDY & TOBACCO 800021 LIQUOR STORE SUPPLIES 80.90
257.50
17954
BRC FINANCIAL SYSTEM
MINNEGACCO
800160
UTILITIES
01.04
12/05/94 10:50:32
17/05/94
Disbursement.
Journal
OFFICE SUPPLIES
43.29
17856
12/05/94
NGkTHEkN GfATES POWE
800035
UTILITIEC
0130.09
WARRANT
DATE
VENDOR
000101
DESCRIPTION
AMOUNT CL
17058
12/05/94
LIQUOR FUND
800040
WINE PURCHASE
651.05
17998
17842
12/05/94
BERNICK'S PEPSI COLA
800001
POP PURCHASE
323.49
17843
12/05/94
COAST TO COAST
800004
BLD MTC SUPPLIES
13.58
kON'0 ICE COMPANY
17844
12/05/94
CONSOLIDATED COMM DI
600163
ADVERTISING
39.25
17845
12/05/94
DICK WHOLESALE CO.,
800011
BEER PURCHASE
2,625.50
17845
12/05/94
DICK WHOLESALE CO.,
800011
LIQUOR STORE SUPPLIES
36.48
2,661.98 *CH
17846
12/05/94
EAGLE WINE COMPANY
800012
WINE PURCHAS
606.50
11847
12/05/94
FLESCH'S PAPER SERVI
800116
PAPER BAGS
215.42
17848
12/05/94
G & K SERVICE
800129
RUGS/MTC OF BLD
77.40
17849
12/05/94
GRIGGS, COOPER & COM
800018
LIQUOR PURCHASE
2.501.15
17850
12/05/94
GROSSLEIN BEVERAGE 1
800019
BEER PURCHASE
10,927.90
17850
12/05/94
GROSSLEIN BEVERAGE 1800019
MUGS FOR RESALE
66.00
10,993.90 *CF
17851
12/05/94
HOME JUICE
800136
JUICE PURCHA;;E
49.35
17852
12/05/94
JOHNSON BROS WHOLESA
800022
LIQUOR PURCHASE
786.51
178'';2
12/05/94
JOHNSON BROS WHOLESA
800022
WINE PURCHASE
1,350.73
2,137.24
17853 12/05/94 JUDE CANDY & TOBACCO 800021 CIGS & CIGARS FOR RES 106.00
17053 12/05/94 JUDE, CANDY & TOBACCO 800021 LIQUOR STORE SUPPLIES 80.90
257.50
17954
12/05/94
MINNEGACCO
800160
UTILITIES
01.04
17855
17/05/94
MONTICELLO OFFICE PR
800031
OFFICE SUPPLIES
43.29
17856
12/05/94
NGkTHEkN GfATES POWE
800035
UTILITIEC
0130.09
17097
1?./05/94
PAUGTIS A `il`%:1
000101
WINE P0RCHA5E
J70.1?
17058
12/05/94
CIUALITV WINE & bPIRI
800040
WINE PURCHASE
651.05
17998
12/011/06
LIUALITV WINL & OPIRI
800040
LIQUOR POkCHA'i.
2.355.34
3.000.39
170'.'1
12/05/14
kON'0 ICE COMPANY
000041
11.E PURCHAOC
150.00
1'/OGD 12/05/94 ST. CLOUO PE'iTAURANI 000045 LIQUOR STORE bUPPIIF-,, 142.17
17060 1?/0 /14 OT. 01000 GF^TAURANT 000045 PAPFk BAG,/-�UPPLII'O 14. i!)
.1060 1?/0`,/!)4 '•1'. CLOUD RESTAURANT 000045 Ml',(' 1TIMO FOR RECALL ?20.20
377. )?.
*CF
o r�
[m
►,'I
BRC FINANCIAL SYSTEM
12/05/94 10:50:32 Disbursement Journal
WARRANT DATE VENDOR DESCRIPTION AMOUNT CLAY
LIQUOR FUND
17061 12/05/94 THORPE DISTRIBUTING 800048 NON ALCOHOLIC BEER 613.05
17861 12/05/94 THORPE DISTRIBUTING 800048 BEER PURCHASE 27,118.80
27,731.85 *CHEC
17862 12/05/94 TOTAL REGISTER SYSTE 800112 LABELS, ETC/SUPPLIES 29.63
17863 12/05/94 TWIN CITIES FLAG SOU 800040 REPAIR FLAG 37.10
17864 12/05/94 VIKING COCA-COLA BOT 800051 POP PURCHASE 426.95
LIQUOR FUND TOTAL $3,003.33
e
COUNCIL UPDATE
December 9, 1994
Comprehensive storm water studv - Trunk Hiehwav 25 & Dundas Road. (J.O.)
Please review the following proposal for completing a comprehensive storm water
study for the area in the vicinity of Trunk Highway 25 and Dundas Road.
Council will be asked to consider authorizing completion of the study when it is
determined what portion of the cost will be funded up -front by benefiting property
owners.
If this information is available by Monday, Council may be asked to act on this
matter.
The information developed by this study will enable the City to determine the
proper design and coat of storm water systems serving the 120 -acre Emmerich
industrial/commercial area and adjoining areas. See attached information for
detail.
DEC 88 '94 1622 OSM NPLS, MPI
December g., 19%
Mr. Jeff O'NeM
City of Mandcallo
P: 0. Baa 1147
250 East Broadway
Monticello, MN 53362.9245
P.2
7m lrlR�oonev
trnr�u�mvd
renq� �w �r.ob
•ususin
wturassar 1101 W. ebk-AM
mom.. aim
II&MIAM
iaadnsers
ructis�wA �
. NmMO
oe.�.
Re C. ,,,� Stornswater Manainmeat Plan for Area in the
Vicinity of T.H. 25 and Dtmdas Road
OSM Proposai No. 0395.94
Dear Mr. O'Ner7L-
Outlined below please find a Scope of Wo{k associated with completing a
C.omprebewive Stormwater Management Plan for an area generally South of I44, west
of Oakwood Drive, north of gSth Street, and east of a line n due north ftom the
intersection of 85th Sonet and TIL 2S. This Stormwater Management Plan is needed to
address water resauee management issum associated with the amlapated platting of the
Monticello Maine Center Property. Thh study area had previously been proposed to
ditebarge to the wast. while maintaining large areas of land for ponding purposes. In
addition, with the extension of Sanitary seSKr and watermain facilities to the Stuart
Hagtaad property. located west of TIL 2S. development of that property Is imminent
This area would aha benefit from the study.
This work plan has been developed to eddies~ a -mber of water resource management
issues. and concerns that have been •ideatiSed within the SU* area. 'These is= and
oomemS deal with providing an adequate outlet for the study area, idetidtling the axed
cad eaten: for rate control and treatatent fbr stortowater tnaeff generated tkom this, area,
and addressing a variety of wetland management Wu s that may be related to Mmm
development in this area.
Specific tasks atsoelated with this work plan are oudined below:
•IIQVPMItY BAC1CCMLTND II4PORMATION
Badtgrotmd hydrologic inflorumdaa iodudim topographic mapping, as built
lnb=tion, land development plans, ad wetland invamory iafatmatlon will be
gathered as part of this aetivtty. PreQminaty cmuscb will be made with property
owners within the study area if necessary to clearly 4efiae their needs regarding
stormwater management It is andtlpated a ojeating Sill be bell with City Staff
and any other interested parties to 4tity dd im the issues that need to be
addressed in this Comprehensive Stormwater Man -mine m Play
DEC BB '94 1623 OSM IRS, Mui
P.3
IL. daENF.RA'IE BASE MAP
A base map will be generated for the study area .that ' .. , r bac rolmd
hydrologic information such as the location of esisdag drainage systetm within the
study area, the location of stormwater storage areas and wetland areal v ubin the
study area, and the location of am flood problem areas that are known at the
III.. 00bG sTE HYDROLOGIC ANALYSIS FOR STUDY AREA
As part of this task subwauraheds will be delineated around all dgntScant
swrmwater storage areas within the study area. Stap4torage rektionsbips for all
depressions and wetlands will be datermlod and a bydrologic model will be
developed to Paft peak dMwp rates, amp rapircments and outlet
capacities necessary to accommodate stormwster runoff generated from this study
area is a reasonable meaner.
IV. DEVELOP DRAB"GE SYSTEM ALTERNATIVES
As part of thft task outlet altanadves will be Identified and briefly anabud to
develop a clear piean of the outlet altemadves that are available for this study
area
V. HOLD PRELEANARY REVIEW MBiwMNO
The information and findings generated based on the activities to date will be
reviewed with the City Staff sad/or other interested parties At this meeting,
preliminary recommendations will be provided to the City' concerning which are
the most effective feasible alternadvaa for maoold stormwatnr eunofi from this
study arca.
VI.. FINALIZE DRAFT 00bO SIMENSM SMRMWATER MANAOEMDM
PLAN
Based on a review of the b 6otmadon completed up to tbii task a final draft
coscoaa� aoramur managemM pbm.will be prepared that will provide
A.• ' A bass map delineating all eliding ad Urate depressions within the study
ars that will be utilized tor aormwater'
L Subwatershed dellaeattoos im each of the deskgoated aormw caw storage
meas.
C Information an the design of esis ft -and well n proposed, trunk drainage
system components within the tidy area
DEC OB 194 16:23 OSM PPLS, MN PA
Mr. Jeff 074em
December 9. IM
Pap 3
A A delineationof wetlands within the study arca'based an wristing
information such as the DNR Wcdmd Inventory at the National. Walaid
Imen=tw
Detailed bydroIC& an each subwamrsbed will be included In
the Appendix which will inch Information on peak discharge
runoff voh=4 stage amp mWW=b4i% stop discharge
and 100 year flood elevations for depressions within the study area.
F. Proposed storzowater —jement policies that will regulate development
within the so* area. Theseipolicies will address how developers within the
study area will need to accommodate stormwam runoff an site in terms of
providing "equate me control and treatment for Ownwater nma
It is a1mcipated• that the work effort associated with the completion of Tab I through V
could be completed by February 4. 119K and 12 copies of this- foal nody Crask VI)
could be provided within 10 dap of the due final commum are received. The atimated
con to complete this =* is $IZ7AI U you have any questions concerning this saw of
wori6 the sdodde or fee, please do not bedsats to emstm either Bret or mWff a 595
ORR-SCHE2 EN-b&AYOLON
& ASSOCIAM INC
Peter R. Willenbring PYL Brat wean, NEI,
M-u-steir. water Resource Department City
Edward L DdAForeK P.B.
Vice President
C John Si -Ma, city of Moutice
Rick WOMUller. City of Moodoello
CITY OF MONMCELLO MONTHLY BUILDING DEPARTMENT REPORT
Montt) of November. 1984
PERMITS $ USES
_
This
tame mom
Low Yew mts Yew
PERMITS ISSUED
Monti Nov
Last Year
TO Date TO Date
RESIDENTIAL
Number
23
14
172 738
Val uatim
$1,138200.00
$1,811,800.00
$8,487300.00 $8,433,800.00
Fees
{7,299.23
$11.212.92
$48,214.97 $61,22821
Sunt--
$588.10
$755.80
$3228.30 $4,188.19
COMMERCIAL
Number
7
1
35 34
Vaiuetlan
$1.577,500.00
$80.1300.00
$1,780,20000 62,388,800.00
Fees
{9,727.81
$988.92
$13.837.65 $17,917.84
Surauum
$78885
$40.00
$883.10 {120255
INDUSTRIAL
Number
2
0
7 18
Valuatbn
138,800.00
$1,111,763.00 {1,804,800.00
Fees
$403.50
$8,911.82 $13.323.14
Suravves
$19.40
$558.88 {902.15
PLUTAS 0
Number
18
13
81 126
Fees
$52800
}695.00
{2,398.00 {3,329.00
Surctlarpoe
$9.00
$8.50
{40M $63.00
OTHERS
Number
0
0
4 5
Valuation
$58.800.00 $IAO
Fees
$759.02 {50.00
Surcbaraae
82920 $2.50
TOTAL 0 PERMITS
50
28
299 417
TOTAL VALUATION
$2,764,600.00
$1,891,800.00
$9,436,163.00$12,877,000.00
V TOTAL FEES
{17,899.34
612,71MIS4
$74,121.66 $96,846.99
TOTAL SURCHARGES
$1,985.25
6802.30
$4,738,08 $6.388.39
CURRENT MONTH
I
FEES I
NUMBER TO DATE 1
PERMIT NATURE
Number
Perms
Sur_r VMWk) t
Yii6 ooef
lass Yaw
Simple Fe"
/6
{7,877,1
$547.5 {1,086.400,0
166
89
Oupbs
0
0
MINI-FamBr
2
5
Commercial
1
4
aldu strlal
4
3
Ree. Gwapaa
9
4
Swe
0
0
ALTERATIONIREPAIR
Dwool ps
8
643B 20
120.40 $42,80000
99
M
Commercial
7
$9,717.61
$788.76 {1,677,5013.00
32
31
bldusuiw
2
MAO
619.40 $36.800,00
12
4
PLUMBING
Aa Types
18
{629013
$9.00
126
$1
ACCESSORY
STRUCTURES
SW4 0 Wig Pude
Dods
{110,00
22
22
TEMPORARY PERNIT
DEMOLITION
I
8
�- TOTALS
50
{18,77674
{1,38526 61,764,60p.00
417
999
MICROFILM TITLE PAGE
CITY OF MONTICELLO
City Council
Agenda Books
1995
1mnl�hy N'afJlsdbxxN� ub qa
MICROFILM TITLE PAGE
CITY OF MONTICELLO
City Council
Updates
1995
4wo�ol�Wn'.M WJlkidlw�Kmfb ANY pp
Y. 13'.9601011 15:41 OLSON/USSET P. A. TEL:612 925 5879 P.001
Jb
OLSON, USSET & WEINGARDEN P.L.L.P.
ArrOP44M AT LAW
evnz 310
asap MRL maa ROAD
PAUL A. WED9GMIDEW UDOMOPUBM. wx IM16 LEGAL ASMANIS
DAVID 1. US= DEBRA L RAS
TFW11A6 a. O{iO\W TELEPB= (612) 92MM PATSY NRSLAND
DENM L DALE1 FAX (612) 9254M Ex FORTTN
+IDA On66 kd hom %.bft Boom TROWNES
'KBIA QUI&S 0,6 Thd r..Mu. ROCGS1m OFFICE
TWAFE M (6i2) 4n4o10
TELECO21ER TRnNSMITTAL 1FTTER
Date of Transmittal: May 13, 1996
PLFn�B DELIVffii THE ACCOMPANYING MA IAT. TO:
NAMES: Mawr and City Council Members
FIRM OR COMPANY: City of Monticello
CITY: Monticello. Minnaaote
TELECOPIER NUMBER:
SENDER'S NAME: Paul A. Weiaaarden
TOTAL NO. OF PAGES (Including this page):
OUR FILE NUMBER: 7975(911 - Richler
FOR PROBLEMS OR QUESTIONS, PLEASE CALL: 995-6868
THE INFORMATION CONTAINED IN THIS FACSIMIILE M8SSA08 18 PRIVILEGED
AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDiA►L
OR ENTITY NAMED. ANY DISSEMINATION OF THIS COMMUNICATION BY ANYONE
ELSE BESIDES THE NAMED RECIPIENT IS STRICTLY PROHIBITED. IF YOU
HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY as TELEPHONE AND RETURN THE ORIGINAL MESSAGE To US BY
MAIL AT THE ABOVE ADDRESS. THANK YOU.
t1A'f. 15'96010\i 155:41 OLSON/USSET P. A. TEL:612 925 5879 P. 002
r,
MEL �.
J
PEENING LAW OFFICES 1 iL
JAS S. FLO04G L,
ATTORNEY AT UW U uVuU ULiL
el l W"Ur BTREET, 8WF 3 �-
P.O. BOX 1613
MON MMLO. MWNMTA SMU
TFLF3 "ONE (m2( Zsa2m
rACWAU (012) 2Hdl@
J" A. NAROPIO
IMLLY Z9"
L40 AWWIb
April 26, 1896
Paul A Weingarden, Esq.
Olson, Uaset & Weingarden
4500 Park Glen Road. Ste. 310
Minneapolis, MN SUi6t,.,
•.. ', � •;, 1,
Re: John Biehlei City f Monticepo ' ��
lea► Mr.
Welnlsr en: '
I have n retain by Mr. John to he and h• a in an
action again the City of cello, see compel city to Issue building
permit for on of a sl le family r+tdonee on downed by the lora in the
Eastwood II Subdhdslon cf llo.l I
�fiom received Information the 8khier have examined
COrasQ LI l B le)
your"X and reprsser atives af:ayrdy. s¢d upon my eimndnadaN it,app" that
the drys baa)e for dental•ot Ihe'-Bidtlar'a �pptleaUon for�abulldlnp�porml��the
determination tRIT11ie' assn employed fdcttle home would vWTMe& provisions of a
restrictive covenant relating to rosf_,pj%okMa)n�-eonstruction.
My Investigation thwdardndicabsJpst1id clloi>ts�tww dompUW with all
requirements for the Issuance of a pemii3 I(la io rr>d�catsi'{haf the dsnlad was based
upon a finding by the 'Architectural Control Committee of Eastwood Kroll SubdMolon'
that a lesser roof pitch was not a'ardtltacWrally significant design fasture'. This was
apparently determined despite the fact that the architect for the home deU mhwd titer
requiring a greater roof pitch would create a design imbalance in fhe resulting
structure. It also appearo that there Is no specific definition of this phrase found in the
covenant or in any otter documentation rslled upon In this decision meting process. It
is also my understanding that various other homes have been allowed In this
subdivision despite the fact that they violate the controlling covenants in one fashion or
another.
MAY.-I5'•96IMOY1 13:42 OLSOY/OSSET ?.A. TEL:612 92S 5879 P. 003
April 26, 1996
Paul A Weingardon. Esp.
1 have reviewed the 111brttlurello Ordinances, together with all aoss-refereneed
materials. Inducting the Mtrnt m to Rules and the Uniform Building Code. I have also
spent time revlewb V the law governing the operation of mmielpalldas. 1 do not find
any evidence of authority for the proposition that city building Inspection oIN Iials may
deny an admvMse proper building pemilt on the basis of a potential violation of a
private restrtWve oovement
In fact, nurnerous case aLdhorttles have held that such a denial constitutes an
arbitrary and capricious word" of po My clients have mlered elgnl cwd
economic W*sry as a result of this of which Is the added brterast
they vWU be forced to pay as a result obtainbtg construction flnanang.
Shoe repeated efforts to resolve this ma proven unsuacesuttul, I have been
requested to Institute o I a 1 Compel Iha Ctpnaf lllo to Issue
ffte building reth alt otttsi 10041"Actim, be pursued to
ownpeneats ffw B for their
U you are lapel authorky would juaw taken by city 1
atfic" in this I Id be happy to rty condus M at this point
Iarn offi�laware of legal for have far been bys to the of , 1
not rem a satisfactory nee r ' oRbe 10
days of ffro of this
ww, I vd ng the ,4 svallable relief for clients.
Enclosure
cc Jahn Bidder
Charles Btohler, EW
X1.41'. -1Y -96(N081 15:42 OLSON/USSET P. A.
TEL�612 925 5879_
_P.004
OLSON, USSET & WONGARDEN P.L.L.P.
ArrOME" AT LAW
SW7l S 10
4900PAAK G EA1 AOAO
/ALL A. W RAGAADFN'
AdA011lArOLLi AM 66818
LEGAL ASSISTANTS
DA VW J. LIM"
Of"A GKKB
1000AI48 O. OLSON•'
rafiPP OW 1812)S2b9882
AMTSYFOAUAA4)
DOW" L OALEN
FAX 1Q 121 920-"79
940 FORM
`MSG Can~ AAtr AWMy AYW —
BCAMPT raamws
--ACG Cr1AW CW rAr So dw
AOCKMW OARCE
T9U9WOW lits) 477.6010
DURRLSNO. 7975 (91) May 13, 1996
Via Facsimile
ATTOMMY / CLIEWT
Honorable Mayor and COIat=C&TION / PRIVZLEM
Members of City Council
City of Monticello
250 East Broadway
Monticello, MN 55362
Re: Biehler vs. City of Monticello
Dear Mayor and City Council Members:
We have been contacted by an attorney for John Eichler
demanding that we issue a building permit and asserting we have
no authority to deny the same (see enclosed letter). We have
undertaken legal research and have reviewed relevant City
ordinances. We advise as follows:
At this point in time, it strikes me that there are two
separate issues at work here. They are,
A. The Propriety of denying a building permit- and
B. The City a action with respect to the architectural
review board.
1. Denial of Permit. with respect to the building permit,
we believe the City in not on solid ground to denyof a
building permit based on an alleged violation of the restr ctive
covenants.
Wo have been unable to find a specific case in Minnesota
which governs the ability of the City to deny a building permit
based upon violation of private restrictive covenants. However,
we have general guidance from 4
21
NW2d 741 (Minn. App: 1988) and ,
178 NW2d 215 (197
Thsoo cases discuss whether or not damages are available for
wrongful denial of a building permit. While each case roots on
its own specific facto, the general rule is that damages are
available if the issuance of a building permit is deemed
ministerial, (if all applicable requirements are met, the
building inspector has no discretion and must issue the permit)
or discretionary, in which case damages are unavailable (if plans
and opecifications clearly violate existing City ordinances which
allow the element of discretion to determine compliance).
MAY.-1T-96(MON) 13:42 OLSON/USSET P.A. TEL:612 925 W9 _ _ P. 005 —
May 13, 1996
Page 2
I find nothing within City ordinances which gives the
building inspector, as a representative of the City, the right to
enforce private covenants. Our ordinances governing building
permits indicate only that applicable zoning ordinances and the
provisions of the Uniform Building Code must be followed.
Foreign jurisdictions have not been much help. We have
identified two older Missouri tames which indicate that the City
has no authority to deny a building permit based on private
restrictive covenants. in one of the cases, St4se va. Eckhardt,
322 SW2d 903 (Missouri 1959) the Court held it improper even
though a City ordinance authorized the City to do so.
It is bible that the fact that the City is also the owner
and develo4er o t1,e royezty in question (and established the
covenants in question) elevates the authority of the building
inspector o exercise discretion in issuing building permits
which he dettermines violate the covenants. This is a risky
ositio, to take. If we are wrong, we are subject to damages for
ailuro to issue the permit if a Court determines that the
building inspector acts in a ministerial manner.
Based upon my research we believe that the City should issue
the building permit. If the City desires to enforce its
covenant, it should bring an action for an injunction to prevent
the construction of the building with the improper pitch. This
is the normal course taken by private owners desiring to enforce
private covenants.
2. Since the City is an owner of the property inqquusetion,
it would have standing to bring an action to enjoin Bichlera from
building in violation of the covenants. There are proof problems
and cost issues which the City should be aware of if we take this
route. They are as follows:
a. At present, Mr. Bichler has presented an argument
from his builder and a drafts person that his lower roof pitch is
"architecturally significant'. In response, we have relied upon
our building inspector and planner. As a practical matter, if we
are to prevail on this issue, 1 would n4ZCaA1Y recommend that we
immediately retain the services of an arc iteet to state that the
lowered root pitch request is not 'architecturally significant•.
I estimate this cost at approximately $1,000.00.
b. We must keep in mind that Courts disfavor
rcotrictions on the use of land. MiuianmL
,W Nei 91 NM1d 0�0 (Minn. B Givan t t t p ass
architecturally hitectura ly significant design" is vague, our Courts have
indicated a desire to construe the covenants against such
restrictions. In other words. if Mr. Bichler's house meets all
other criteria, and can present at least some evidence that the
property is "architecturally significant' a Court is likely to
rule against us.
MAY..-13'-96(MON) 13:43 OLSON/USSET P, A. TEL:612 925 5879 _ _ P. 006
May 13, 1996
Page 3
A further complicating factor is our failure to enforce our
covenants uniformally. I am advised that there is a home that
has been constructed without the necessary 20 percent front
elevation in brick or atone. I understand that an attempt was
made to amend the covenants but that the amendment never occurred
because Mr. Eichler was not provided with the amended covenants
at closing and now refuses to sign them.
If I request an injunction against Mr. Bichler for attempted
violation of the covenants, he will likely point out that we are
permitting a violation of the covenants at the present time. If
we are unwilling to enforce our covenants against the other
party, it is unlikely a Court will sympathise with our decision
to enforce the covenants against Mr. 8iehler.
I must respond to Mr. Sichler's attorney after our meeting.
our options are as follows:
1. Refuse to issue the building permit and wait for him to
sue us. I will assert that the ownership of the
property by the City elevates our building inspector so
as to have discretion on the issuance of building
permits which violate our restrictive covenants. I do
not recommend this approach.
2. Issue the building permit and immediately move to
obtain a restraining order and advance to a temporary
inunction hearing. Such hearing will be held very
quickly. If we are to prepare for this hearing, I
strongly recommend that we utilise the services of bothour planner
fee td ao bevapproximately $1,000.00andipethe
the
remaining costa of litigation through the hearing at an
additional $1,500.00.
3. Work out a settlement with Mr. Bichler to issue hie
permit, allow him to build his house as he desires or
as negotiated, and require that hs sign the amended
covenants to bring everyone into line.
I will be available for discussion at the hearing.
PAW:lld
Enclosure
rIES
MHH
HYD.
Hydrants;— Woterois', +*it v �,Wr ` f, ,.,recoydsf tnt
Corps.'a Curb.Stops t Ford .` ;.�
w
.0
• • to ilt�jk� �: y L 'm
FROM Wt 6" G. V.
10M HYD. d
D.I.P. HYD. LEAD
' f
ND _TIES
MH "`--t
- HYD. TEE
WATER TIES
53.5. - MH 5-5 `
44' HYD. --
ORP. STA. 0+25
ENGTH 30
QT BLK.PHASE II
,
6
T
W
Qr
I TIES WATERMAIN 5' FROM
MH 5-5 PROPERTY CORNER
HYO.
0+_.r 78
44 r 9 STA. 40+25
ILK' 2 i GATE VALVE TIES
_ ze.5' - EX. mm
-A� BORING 53.5'_ HYD.
421
riES 41
T=4 —
—8(EAST)
1 2 M.H. 5-6
1E COORDINATED THROUGH THE CITY
CONNECTION MAY BE REQUIRED
ISE PERIOD.
12 "x6' REC
i
HYD.
A OY!
j INP 6`
I NP 8 ` ^
SAN SMf
GATE VALVE TIES
iL tS� RZ- HYD.
14.5'— MH
12"xi2" CROSS
N. 6 S. ENDS PLUGC
,
1E COORDINATED THROUGH THE CITY
CONNECTION MAY BE REQUIRED
ISE PERIOD.
12 "x6' REC
i
HYD.
A OY!
j INP 6`
I NP 8 ` ^
SAN SMf
GATE VALVE TIES
iL tS� RZ- HYD.
14.5'— MH
12"xi2" CROSS
N. 6 S. ENDS PLUGC
417111 STATUTORY CTTIPS 488
412.791 [Repealed. 1967 c 280 s 181
412801 [Repealed. 1967 c 289 s 181
412.911 [Repealed, 1967 c 289 s 181
412.821 [Repealed, 1967 c 289 s 181
GENERAL AND MISCELLANEOUS
412831 OFFICIAL NEWSPAPER.
The council shall, annually at its first meeting of the year, designate a legal ncwspa-
per of general circulation in the city as its offseial newspaper, in which shall be published
such ordinances and other matters as are required by law to be so published and such
other matters as the council may deem it advisable and in the public interest to have
published in this manner.
History- 1940 c 119 s 100; 1973 r 123 art 2 s 1 tubd 2
412.841 [Repealed, 1976 c 44 s 701
412.851 VACATION OF STREETS.
The council may by resolution vacate any street, alley, public grounds, public way,
or any pan thereof, on its own motion or on petition of a majority of the owners of land
abutting on the street, alley, public grounds, public way, or pan thereof to be vacated.
When there has been no petition, the resolution maybe adopted only by a vote of four-
6fths of all members of the council. No such vacation shall be made unless it appears
in the interest of the public to do so after a hearing preceded by two weeks* published
and posted notice. The council shall cause written notice of the hearing to be mailed
to each property owner affected by the proposed vacation at least ten days before the
hearing. The notice must contain, at minimum, a copy of the petition or proposed reso-
lution as well as the time, place, and date of the hearing. In addition, if the street, alley.
public grounds, public way, or any pan thereof terminates at or abuts upon any public
water, no vacation shall be made unless written notice of the petition or proposed reso-
lution is served by cenified mail upon the commissioner of natural resources at least
30 days before the hearing on the matter. The notice to the commissioner of natural
resources is for notification purposes only and does not create a right of intervention
by the commissioner. Alter a resolution of vacation is adopted, the clerk shall prepare
a notice of completion of the proceedings which shall contain the name of the city, an
identification of the vacation, a statement of the time of completion thereof and a
description of the real estate and lands affected thereby. The notice shall be presented
to the county auditor who shall enter the some in the transfer records and note upon
the instrument, over official signature, the words "entered in the transfer record.- The
notice shall then be filed with the county recorder. Any failure to file the notice shall
not invalidate any such vacation proceedings.
History: 1949 c 119 s 102: 1933 c 733 s 1 1937 c 383 s 1: 1967 r 289 s 15; 1969
c g 185: 1973 c 123 an 2 s 1 subd l 1973 c 494 s 11; 1976 c 181 s 2: 1936 c 444; 1989
e 183 s 4; 1990 r 433 s 2
412961 PROSECUTIONS, VIOLATIONS OF ORDINANCES,
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be
brought in the name of the city upon complaint and warrant as in other criminal cases.
If the accused be arrested without a warrant, a written complaint shall thereafter be
made, to which the accused shall be required to plead. and a warrant shall issue thereon.
The warrant and all other process in such eases shall be directed for service to any police
officer. marshal, process officer, court officer, or constable of any town or city in the
county, to the theriff of the county, or all of them.
Subd. 2. Form and contents of a mplalat. It shall be a sufficient pleading of the ordi-
nances or resolutions of the city to refer to them by section and number or chapter.
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MISC. NON GRID SIDEWALK
ORANGE = NGR - Non Grid Residential
GREEN = NGS, NGBR - Non Grid Business, Non Grid Business Residential
{BLUE = NGC - Non Grid Church
YELLOW = NGSch - Non Grid School
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CITY OF IIONTICELLO PAY SCHEDULE JAIRIARY I, 1995
57EP5
GRADE
1
2
3
4
S
6
BASE
PRCNT
BASE
105.00%
110.00%
115.00%
120.001;
125.00{
1994
COLA
1995
HOURLY RATE
1 15-29
18.20
1.025
11.40
18.82
19.21
19.66
$10.08
110.50
2 30-14
18.69
1.025
11.90
19.35
19.79
110.21
$10.68
$11.13
3 IS -59
19.21
1.025
19.11
19.91
110.38
110.05
111.33
111.80
4 60-74
19.15
1.025
110.00
110.50
111.00
$11.50
112.01
112.51
5 75-89
110.35
1.025
110.60
$11.13
111.67
112.26
112.73
113.26
6 90-104
110.91
1.025
111.19
$11.75
112.31
112.87
113.43
113.98
7 IOS-119
$11.57
1.025
111.66
$12.45
$13.05
$13.64
$14.23
114.82
1 120-134
$12.26
1.025
112.51
113.20
113.11
111.16
115.09
115.71
9 135-149
113.00
1.025
113.32
113.99
114.11
115.32
115.99
116.66
10 150-164
$13.78
1.025
114.12
114.83
115.51
116.21
(16.95
117.66
11 165-179
114.54
1.025
114.90
115.65
116.39
111.14
111.11
118.63
12 110-191
115.41
1.025
113.10
116.59
111.18
111.16
110.15
119.14
13 195-209
$18.33
1.025
115.74
117.56
$11.42
119.25
120.09
120.93
14 210-221
111.31
1.025
117.75
118.63
119.52
120.41
121.30.
122.11
15 225-239
111.35
1.025
MM
119.75
110.69
121.53
122.51 2
15 210-254
119.16
1.025
119.85
120.14
121.13
122.82
�y,123.52
123.12 -
124.81 11,+3 7
17 255-269
120.52
1.025
121.04
122.09
121.11
121.19
125.21
126.10
r
II 210-284
121.76
1.025
122.30
123.41
1;1.53
125.61
126.16
$21.11 '
19 215-299
121.06
1.025
123.64
124.12
121.00
121.18
121.16
129.55
20 300-314
124.11
1.025
125.06
121.31
127.56
128.11
130.07
131.12
21 315-329
125.79
1.025
126.43
$27.75
121.07
130.40
131.12
133.04 S '
22 130.
127.33
1.025
$21.02
121.42
130.12
132.22
113.12
135.02
GROUP HEALTH PLAN
QUOTATION COMPARISON
(Average Monthly Premiums)
HEALTH.COM: 10/18/95
sm"40nn I
Dental
Heahh I
1Insurance
Comm
Llle
D1saW8b I
Shwle
FamiM
Shale
FemBv I
IPncciow Mutual
$021
$0.32
$14.73
$24.16
$135.07
$229.311
Islus Cross
II
$027
$0.71
$20.60
$33.82
$113.26
$208.701
IGuardian
$026
$0.52
$24.10
S33.82
$162.55
$265.071
IGmw Health
WA
WA
$19.31
528.97
$93.70
$193.501
IEmdovers Hem Insurance
$025
$0.96
$16.83
$28.42
596.01
$160.52
IMedica
$0.29
$0.81
WA
WA
$93.62
$161.62
(American Medical Security
$0.39
$.79!.
$15.00
$29.00
$139.74
$235.05
ITIme hwanca Compam
$0.48
$0.851
$21.05
$45.08
$145.00
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JAN 11,1961
Spccial meeting held this day. All members present. Adamson Adams,
Hickman, Baker, Anderson.
Motion bje Adams authorising the mayor and clerk to sell $30,000 in treasury
bills to pay bill due state.' Second by Hickman Carried unanimously.
_Attorney Goggins presented his fee for legal work on the village sewer
condemnation proceedinsg� and stated his juetifcations of the bill. The
bill in the amount of $4,117.71 was for the cost of condemnation
proceedings on the sewerage plant site only as stated by Goggins. The
council discussed the matter and compared the fee with fees presented
in the past by Mr. Sebey.
Motion by Adams to dispense with a village attorney for the time being
and if anything comes before the council needing legal adtice to contact
a attorney at that time. Second by Adamson. Carried unanimously.
Motion by Hickman to purchase filing cabinet from St. Cloud Typewriter shop.
Second by Baker Carried. 292.50
Motion by Adamson to appoint Leona Peshia as deputy clerk to collect
watet bills at salary'of 10.00 per month. Second by Hickman. Carried.
On motion adjourned.
Clerk.
Feb 6, 1961
Regualr-meeting of, the village council held this day. Members present;
Anderson Hickman, Baker Adamson, Absent; Adams. Minutes of previous
regular and special meetings read and approved.
Motion by Adampon to grant bbilding premit to Methodist Church to build
a addition to =hurch per plans persented. Second by Baker Carried.
Motion by Hickman to pay Mr. Ooggmns $1000.00 presently and the balance
of 693.56 as final payment when the clerk receives the recorded deed
and easement for treatment plant site and village legal file. Second
by Baker. Carried.
Motion by Adamson that, the village council back the Hospital Committee
and that the proper resolution be drawn for eatablishment of a Hospital
Board .,Sedond,,bx,� ickamp. Carried.
Hr. Claronce�pK'Anted a complaint on personal peoperty tax. d,•/+
Notion by Hickaan to move for she adoption of an ordinance to amend
ordinance /133- Regulationg the keeping of dogs, The conmon council of the
Village. of Monticello do ordain as follows Sectionl; The First Sectiond
of Ordinance 8 133 is hereby amended to wit; Running at large prohibited_
no dog shall be permitted to run at large within the limits of the village
on Monticello at any tinge during, any month of each year. Section 11.
This ordinance shall take effect end be in force from and after its pass_
age and publication. Second by Baker. Carried. Yes; Baker Hickman Adamson
Anderson.
Motion by Adamson to appoint James Shaffer dog catcher and salary to be
according to ordiance scheduli. Second by Baker. Carried.
Mo Lion by Baker to put up an additional light on pole behind Lee's appliance
3ec.nd Hickman . Carried.
Moti n by Adamson to insure village vehicles in fleet rate as bid foam
H.N.Lungwitz agency. Second Baker. Carried.
Motion by Hickman that bills be paid as read. Second by Baker Carried.
Wm. Jongewaard sworn in as treasurer.
Motion bb Hickman to send Ed.Sorenson to sewer maintence school. Secondby
Baker. Carried.
Following Billo were paid. Verified checks 1 3038 - 3091
General Fund 2,154.56
Mater Fund 1,022.65
Street Imp Fund 551.12
General Imp Fund Transfer- 8.293.35
Sewer Fund. 8,266.41
On Motion adjourned.
Clerk
ccr os .�:: OF r,rahT}' Eiir'I72. WRIGHTCQjrjNTY ="
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STATE OF MINNESOTA --ice --
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ow Y
w pend -2. _ 01:24 4iae mad Wee i• W Cm,4 J Wtir4..%A fbb J Yienrr, A -vow mo/momma, ft-ok
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A11 mat cert of Gov't tate Cne (1) and (2) of section Twelve (12). Twnshlp Ona hundred
twenty-one (121). tanxT Twenty-five `25)- aaarl0ad as f011awat 8eSlnninf a¢ a point on
One Range
;��
the :ou th l:ra o. Section Two va (12,. T tnahip hundred tworty-oro (•211
tr4nty.t'va (2S) and 1478 foot wast of the Sout"mat corner therooft thanae Ing's o the
rltnt SCa a 6tat o"-* or 279 feat alon6 tra atntor line of old State M16tiway Na. 152 (new
t a
ao rv'.4 dr.ve) thanes arig o rldht 12 14' and Blond sold oenterlimr A ilatdnoa or 5 1
toot to ttL t:tusl point of °e=:nn inat :re::ee Conticlue on the loot deedrtt►d lino a
David s.
slaWne. cr '75 feat) thence at rltht anGlaa a d st nce of ill toot% th.nte angle t5'
lett
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laalanl h3veri tMrtCe Seuthooatorl�• alenII maid
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ahcn :trtt to the lntertoct:Or. of a line t::at ie of richt angles ft= tna CO." of
�ltooael.
b: rt; :h4^.Ca $OULtwOatC.^:y :a :nC ;Clnt CC bc�inninl,. $aaapt the Soutnweaterly 33
fns ter r:ad.
(St4:0 "):Cd Tex 95.50)
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STATE OF MINNESOTA --ice --
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