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City Council Agenda Packet 09-25-1978� AGIIJDA Lo `�� ;.} REGULAR MEETING - MONTICmw CITY COUNCIL September 25, 1978 - 7:30 P.M. Mayor: C. 0. Johnson Councilmen: Dan Blonigen, Arve Grimsmo, Gene Walters, Philip White. Meeting to be taped. i� •� Citizens comments. ` 1. Public Hearing for Proposed Assessments on Delinquent Accounts. V 2. Public Hearing on Proposed 1979 Budget including Appropriation of Federal Revenue Sharing Funds. 3. Consideration of the Award of the Sale of $19475,000 in General Obligation Improvement Bonds for the 1978-1 Improvement Project. 4. Consideration of Recommendations on Ellison Park. 5. Consideration of Conditional Use Permit for a Tri -flex Apartment House - Tom Chock. 6. Consideration of Approval of Subdivision of Land. 7. Consideration of Extension of Variance for River Meadows Apartments. 8. Consideration of Improvement to Hart Boulevard. 9. Consideration of Resolution Relative to Initiating Eminent Domain Pro- ceedings on Easements Necessary for the 1978-1 Improvement Project. 10. Approval of Bills for September, 1978. 11. Approval of Minutes for September 11, 1978 meeting. Unfinished business - Reminder - October 2, 1978 Public Hearing on 1977-1. A 1977-2 Assessments. Change of meeting date for regular meeting - October 9, 1978 (Holiday). New business/r. �. •�..' H l J"�) `. CY Ji� 1 9/25/78 Agenda Supp. AGENDA SUPPLEMENT 1. Public Hearing for Proposed Assessments on Delinquent Accounts. Minnesota Statute 429.101 allows for special assessments to be collected for various types of current services including tree removal. This statute requires that a public hearing be held before the assessments are levied against the individual property. Following is a delinquent bill for tree removal, and this account is delinquent as of the date of this agenda: James Voll - Lots 1, 2 & W -i of 3, Block 48 - $226.82 It should be pointed out that additionally there is another statute, vti Minnesota Statute 444.075 that allows certain other types of current �v services such as sewer and water service to be assessed against the property. \�t However, a public hearing is not required unless requested for according to our City Ordinance. Monticello Recreation Cafe owes $765.80 in delinquent �e sewer & water bills, and they may be at Monday night's meeting also. j It is recommended that these delinquent accounts be put on the assessment roll for a period of one year at the interest rate of 8% (the interest rate of 8% is the highest amount that is allowable by a City government). POSSIBLE ACTION: Consideration of adopting above assessment roll for delinquent tree removal charges. 2. Public Hearing on Proposed 1979 Budget including Anvroo,iation of Federal Revenue Sharing Funds. As previously indicated in past meetings, Federal Revenue Sharing low requires that a public hearing be held on the appropriation of Federal Revenue Sharing funds and also on the municipality's entire budget. Previously sent out with the last agenda was a preliminary budget, and as you may recall, there were no revisions made at that meeting. It should be pointed out that upon acceptance of a final budget, I will be getting a bound copy of the budget to each individual Council member. It is expected that in 1979 the City of Monticello will receive $89,036.00 1� in Federal Revenue Sharing funds. It should be pointed out that these monies r V have to be appropriated within two years. Some of the possible allocations of this money includes building up a reserve for the City's portion of the new Wastewater Treatment Plant and interceptor facilitiea, which will total $3,000,000 of which the City's share is $1,000,000. Other possible uses of 1,. the Federal Revenue Sharing funds would include a street sweeper and a mini - V \ pumper truck for the fire department. Enclosed, please find budget requests �1 from the Fire Department and Public Works Director relative to the mini - pumper and street sweeper. The estimated cost of those two items are $309000 to $35,250 and $40,000 respectively. According to Federal Revenue Shnr:ng law, once a public hearing is hold on the appropriation of funds, this cannot be changed without another public hearing unless the allocation of funds is leas than a 10% difference from the appropriation made at the 9/25/78 Agenda Supp. public hearing. For your information, the total budget for 1979 is $2,020,954, which is exclusive of construction funds. i One item that should be mentioned is that within the fire fund itself, you will note that the salaries are considerably more than the 1978 projected figure, and this is a result of the fire department's recommendation to go from an hourly scale of $5.00 for the first hour and $3.00 for every addi- tional hour thereafter, to the scale of $7.00 for the first hour and $5.00 i for every hour thereafter. It would seem to me also at the time of adopting the final budget, you should consider the approval of the increase in salaries. These salaries have been at their current level for almost ten years. POSSIBL�ACTION: Consideration of appropriation of Federal Revenue Sharing funds, consideration of increasing firemen's wage scale as indicated above, and approval, with any revisions, of i A ��� `X jm 1979 Budget. 0 �Y REFERENCES: 1979 Proposed Budget sent out with the last agenda. Enclosed recommendations from Fire Department and Public Works Director. �N 3. Consideration of the Award of the Sale of $1,4751000 in General Obligation Improvement Bonds for the 1978-1 Imorovement Proiect. Bids are to be received Monday night for the above referenced improvement bonds to finance the 1978-1 Improvement Project which includes servicing the following areas with utilities: Sandberg South Country Club Manor Riverside Plat Holker's Hillside Addition ►/ Kamp: Estates Lots 4 & 5 of Block 2, Oakwood Industrial Park A representative from Springeted, Inc. will be at Monday night's meeting to open the bids and give his recommendation on the awarding of the sale of the bonds. The net interest rate estimated by King Forness is 51q%. and the bonds will be payable over an eight-year period. t P06SIBLE ACTION: Consideration of awarding sola of General Obligation Bonds. 4. Consideration of Recommendations on Ellison Park., At our last mooting, the City Council received a list of recommendations from the neighborhood residents in the Ellison Park area. Following is a list of these recommendations followed by nor own comments: A. Recommendation - Install an additional deadend sign at the corner of Dayton and River Streets and a barricade sign at the East and of River Street at the Hospital property line. Guumirr�i - This will be done by the Public Works Department. y -2- 9/25/78 Agenda Supp. B. Recommendation - Install Yield signs at the foot of Dayton and Washington Streets where they intersect River Street. Comment - This will be done by the Public Works Department. C. Recommendation - Specify the closing the park during the nighttime hours of 10:00 P.M. to 7:00 A.M. Comment - Vq own recommendation would be against closing of the parks during any particular time, since the City has a great invest- ment in these parks and they should be made available to the public at all hours if possible, and there are other methods to control nuisances that may be created after certain hours within a park. If these other control measures do not work, obviously the possibility of closing the parks during certain times could be reviewed. D. Recommendation - Trim the trees around the existing lights and consider at least one additional light to the east of the center road. Comment - The trees will be trimmed around the existing lights by the Public Works Department; however, I would rather see other control measures take their course as opposed to putting additional light in the east side of the park. By installing a light this could tend to attract as many people as it might intend to deter from coming to the area. E. Recommendation - Expend and surface the west and center parking areas, including curbing. Include speed control berms as appropriate. Reassess road utilization and traffic patterns of the entire park. Comment - A figure will be available at Monday night's meeting for the hardsurfacing of the park area. It would be m0' recom- mendation that other appropriate measures such as closer traffic control and the possibility of speed control berms should be considered prior to surfacing the entire area. This could be a precedent leading to hardsurfacing of other park areas which might bo a costly procedure. Additionally, there seems to be some question whether to close a portion of the loop road in Ellison Park that exists in the eastern portion of the park itself. Again, it may be best to monitor some of the procedures that are initiated as a result of this agenda item before closing this loop road. F. Recommendation - Advise the County Police of the problems as outlined here and the sollutions adopted, and direct special emphasis for this area. Comment - This is already being done in that tho Wright County Sheriff's Office has been notified of the problem and have assured me that the area will be monitored. Additionally, the Wright County Sheriff's Office has suggested that the park rules and regulations that are posted in the parks be also adopted by means of an ordinance and then violators of this ordinance could be taggod citing a specific ordinance number that was - 3 - 9/25/78 Agenda Supp. violated. Enclosed, please find a proposed ordinance that would accomplish this purpose. POSSIBLE ACTION: Consideration of closing park during certain hours, one additional light to the east of the center road, surfacing the west and center park areas, pursuing possibility of speed control berms, closing the eastern portion of the loop road in Ellison Park, adopting Park ordinance. REFERENCES: Proposed ordinance enclosed relative to Park Regulations. 5. Consideration of Conditional Use Permit for a Tri-Plex Apartment House - Tom Chock. Mr. Tom Chock has applied for a conditional use permit to allow him to make a third apartment in his existing duplex at 801 West 3rd Street. This property is currently zoned as R-2, Single and Two -Family Residential Dwelling, end the legal description is Lot 5, Block 42. It should be noted that the apartment house has just been recently built and initially it was the intention of Mr. Chock to have a large area downstairs devoted to a laundry room and storage room. After occupancy of this building, Mr. Chock realizes there is adequate room for storage and he would do some remodeling downstairs to turn another area into a laundry room and he would like to turn the existing laundry and storage room into an efficiency apartment. It should be noted that according to our Ordinance, it is necessary to have 12,500 square feet for a three unit apartment house, and the lot currently is only 10,890 square feet. As a result of this provision, in addition to the conditional use, a variance would be necessary. At their Planning Commission meeting, at which the public hearing on this item was hold, there were no objections to the proposed Tri-Plex apartment house. Members of the Planning Commission unanimously voted to recommend the approval of this conditional use permit based on the fact that Mr. Chock presently owns a four-plex that is just adjoining this property to the west and there is sufficient land on the two parcels together to allow up to seven (7) units. In other words, the Planning Commission felt that if Mr. Chock were going to make a proposal to put a total of seven units on the two parcels together, he would have adequate plat size according to the requirements of the Cityts ordinance and they felt this was a premise for recommendation of granting the variance and conditional use permit. POSSIBLE ACTION: Consideration of approval or denial of the conditional use permit including a variance. Note: since the variance (� is included, a 4/5's vote of the Council is necossary for approval. REFERENCES: Map indicating area. 6. Consideration of Approval of Subdivision of Land. James Metcalf and Bradley Larson are proposing a subdivision of land whereby they will subdivide a portion of the lot they own and Bell this portion to an abutting property owner, Viva Jean Abrahamson. Enclosed, p1e8BO find a map indicating the general area of the subdivision, and also, a copy of a `- certificate of survey. - 4 - 9/25/78 Agenda Supp. According to Monticello ordinances relative to subdivisions, Section 11-1-7, a request to divide a lot which is part of an existing lot of record where a division is to permit the adding of a parcel of land to an abutting lot or to create two lots and a newly created property line will not cause the other remaining portion of lot to be in violation of the ordinance or the zoning ordinance, a subdivision request can merely be approved by the Planning Commission upon receipt of a certificate of survey and upon the final approval by the City Council. It should be noted that this subdivision of land does meet the criteria set above. At their last meeting, the Planning Commission unanimously recommended approval of this subdivision of land contingent upon the sub- division being recorded and the parcel of land being described as one legal description for Viva Jean Abrahamson in order that the lot that was deducted from Metcalf &Larson and added to Viva Jeer Abrahamson's lot would not be construed as a parcel by itself. POSSIBLE ACTION: Consideration of approval of subdivision of land contingent upon the description of the parcel added to Viva Jean Abrahamson's lot be added to her present legal description. REFERENCES: Enclosed map indicating general area of subdivision and certificate of survey. 7. Consideration of Ektension of Variance for River Meadows Apartments. On September 26, 1977, the Council approved a variance request by River Meadows partnership to allow a variance for the constriction of up to a `— 30 -unit apartmant along Fast County Road 039. Ordinance section 10-23-7 indicates that whenever, within one year after granting a variance or appeal, the work permitted by the variance or appeal shall not have been completed, then such a variance or appeal shall become null and void unless a petition for the extension of time in which to complete the work has been granted by the City Council. Such an extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration date of the original variance or appeal. Such a petition for an extension has been filed by the partnership requesting tho extension of the variance for another year. Reason for the request for kin extension is that the developers of this project are currently in the 'process of lining up the financial commitment in order to allow construction to begin in the spring of 1979. Tentative commitment hos been granted by the Knutson Mortgage Company, and the developer is looking at the possibility of this loan commitment and also aro looking at the possibility of commercial ^n revenue bonds. At their last mooting, the Planning Commission unanimously voted to approve of ` the extension of the variance. POSSIBLE ACTION: Consideration of recommendation of extension of variance request. — 5 — 0 9/25/78 Agenda Supp. 8. Consideration of Improvement to Hart Boulevard. At our last meeting, a request was made by Dr. Kasper that the Council consider improving Hart Boulevard with at least a bituminous surface beyond the proposed termination point on the 1977-3 project, which is now at the Hospital's east property line. Action of the Council was to get some cost figures on this improvement and recommendations. Enclosed, you will find a cost estimate for this project of $10,100 to $109800 ` p for a 1J" bituminous overlay as recommended by tike Rajala, the Public Works VY Director. It shwld be noted that if the area were to be curb and guttered C and a permanent type of street put in along with the necessary storm sewer, the cost would be in the area of $62,300 to $64,000. These estimates are based on the unit prices received for the 1977-3 improvement project, and Qp are subject to approval from Arcon Construction. Should be noted that according to the estimates on the 1977-3 project, it would appear that the City will have a balance of approximately $170,000 h left in the 1977-3 improvement project fund balance. However, when taken p� in light of the total contract and if there were to be a quantity overrun 1 in some of the more costly areas, this amount could be easily dissolved. p.0 However, it does appear that there certainly would be enough funds to Y authorize the improvement of the 17k' bituminous overlay if the Council so desired. 1L POSSIBLE ACTION: Consideration of street improvement and type of street p improvement for the remaining portion of Hart Boulevard not initially contemplated on our 1977-3 improvement project. REFERENCES: Enclosed cost estimate by Mike Rajala. 9. Consideration of Resolution Relative to Initiating, Eminent Domain Proceedings on Easements Necessary for the 1978-1 Improvement Proiect. Previously, the City Council has approved of appraisal values for the easements to be obtained on the 1978-1 Improvement Project. As you may recall, the appraisals for easements were for $4,600 for Mr. Tim Genung's property and $1,500 for Mr. Harold Ruff's property. These offers have been conveyed to both parties for their consideration. At this point, I have received a written letter from Mr. Ruff's attorney that he will not accept the City's offer and no counter-offer was made as suggested in the letter and it does appear that regardless of the price, Mr. Ruff is not interested in conveying the casement. Additionally, I have talked to Mr. Tim Ganung relative to his casement, and he indicated that he felt that the price was not adequate and I indicated to him that 1 would need a counter-offer by September 20, 1978 and he has never got back in touch with me. I am reviewing this matter with Gary Pringle and have prepared the enclosed resolution which is one of the first steps in initiating eminent domain proceedings. It should be noted that I have prepared the resolution and have submitted it to Gary Pringle who has approved it. Procedure at this point would be to adopt the resolution and the matter would be turned over - 6 - 9/25/78 Agenda Supp. to District Court. The City would be allowed to go on the property within �., 90 days if it deposited the necessary appraised value with the Court. Normally, the Court would decide if the easement was for public purpose, which it is, and then determine the amount that the City would have to pay the property owners for their easements. It should be further mentioned that the (hurt's do not look upon the matter of whether it is feasible to serve the particular property without going through someone's land, they only look at the question of whether the use of the land is for a public purpose. \0 i 1BLE ACTION: Consideration of adoption of resolution enclosed. REFERENCES: Enclosed Resolution. �y C - 7 - C', Sept. 20, 1978 Monticello Councilmen-, The folowinq is an approximate cost of a Mini Pumper Wire Truck nuoted to us from the General Fire & Safety Equipment Co. The truck is a 1 -ton dodoe with a W400 enaine, and 11,000 cross vehicle weight. Approximate cost of truck and miscellaneous equipment follows: Mini Pumper. .527.500 11.0ra�' 2 -Way Radio. 1,000 '#3sts0 Two Smoke Masks. 1,150 0 7 Hertz Rescue Tool. 5,600 Additional equipment on the above truck would be grass fire fiehtina equipment, resctiie equipment, foam for gas or oll fire equipment and a resuscitator. The Hertz Rescue Tool. could be an optional piece of equipment if the budget won't allow the purchase of it at this time. The main objective of the Mint Pumper is quick response to a fire or rescue, which we feel we need to respond to a freeway accident, grass fire, etc. Sincerely, Monticello Fire Dept. Paul Klein, Chief IX 1���' ;�" � ,..� L� G /.',H,,r � w,,G� � .�`� � VTC � ! � ��'� Yrs ��� /���'�� Submitted by Mike Rajala - Public Works Director SWEEPER RECOMMENDATION 1. City presently owns a J wheel 1964 Mobil Sweeper•, purchased in 1973 for $7,250. Tradc-in value of $1,5Uo - $3,000. Expenditure Parts Labor Total 1977 $657 $693 $1,344 1978 (to date) 800 282 1,082 Total operating costa- - $2.48/mile 2. A.) Vacuum Type Sweeper: Offer a degree of versatility in that they can be used to clean out light debris from catch basins. 1978 Vac -All - $68,000 - $72,Uoo 1978 lilgin - $SS,000 $62,000 Used 1971 Elgin - $IS,UO 1074 Elgin - $35,00"+ B.) 3 Wheel Mechanical Broom 'T'y'pe Sweeper: I97S Elgin Pul icon - $33,0011 - $411,0110 (capable of unloading into a truck) 1975 Elgin White Wing - $25,000 $314,1100 (ground unloading) Used 19n8 Pelican - $15,000 1974 Pelican - $20,10U+ C. 1 Rental Units - $WI - $70/hr x 80 hvs/yr e $4, SM) - $S, WNJ 3. PPVJ"" L sweeper has limited mobility required for sweeping parking Int., etv. old, warped running gear causes an unusual amount of wcur on brooms. Consequently, brooms costing $200 - $300 are replayed quite frequently. Also the sweeper has an inherent. defivienry in that it, does not sweep a street clean. A I" - '=" ridgy of heavier debris is always left: along side, Llo: rear broom. J. 1077-3 Permanent Street Improvement Project.: liffective, scheduled maintenance of the new street system should be of top priority if the 20 year design life it: to he vuailzed. tZ Sweep'n• Recommendation Page ! 5. Growth; Present and future growth has and will continue to expand the Street Department's sweeping responsibilities. Reliable equipment that is capable of keeping pace with these added responsibilities is a necessity. Based upon these facts, regarding costs, equipment condition and sweeping responsibilities, I recommend that the city purchase a new 3 wheel mechanical broom type sweeper that has truck loading capabilities. The condition of our present sweeper is, at best, dubious. Planned rather than crisis maintenance is imperative if we are going to continue to provide effecient and effective street sweeping services. c Submitted by Mike Rajala - Public Works Director Estimated Cost to Construct Bituminous Surface in Ellison Park (Bituminous) 19940 ft2 x 115#/2000#/ton x 2" = 254 T x $5.80/Ton = 9 (Oil) 254 T x 6.5% = 16. 5T x $85/ton = (Excavation) IQS40 ft2 . .3' = 220 cy x $2.85/eY = 27 (Class #.i) 19S411 i t.2 x .3' -7 C. = 220 (,y x I.6 '1'/ x $3. 31)/T = cy Indirect cont Al $ 1,473 1,403 627 $ 4,t'h4 x 1.17 5,457 \CM i - Wa9• vs • tcvC-A lw T5 n " jo[- \ l j ,,.'@ .1 ..;I. '\'.J�'6 .'J R.. r V. �v �r t,t •a '♦ l ♦♦ + `r•� '�,f, (tt-, 7j rtt .+, � r ".r ; � Y 1 i rl,� a .I . ♦ •r �1 ♦ y ,•' . 7-4N l GM WAY CERTIFICATE OF SURVEY Te -AI i 1 i y I I X65 i0• I � . 1! �\ I ffQvf/u�Eo %int<./ To Be i � ... ""J�� ADCa��''•" , . AD��'o ,u , s A y Dtro cTcc F,4" e rcAa F • ^4 g �.! an�Jw� ^.Lre� i 1 SSS F/�� -11 w i eme i! sa- b i 1 1]MSF r" �`♦ �dS D .r�• rt—f of 0 0. ._ .� — _;grit -4 ol Submitted by Mike? Rajala - Public Works, Director ,! IP HART BOULEVARD RECOMMENDATION I„ The existing bituminous surface on Hart Boulevard varies in i depth from 3/4" to 2 1/2" and has numerous patches, cracks and several small potholes. Most of these defects are the result of inadequate drainage. The street is not crowned which con- n sequently allows water to pond on the surface and eventually erode and infiltrate the bituminous mot. This is especially evident, in the lower area went of the treatment plant entrnime. However, the strength of the supporting baso appearsadequate. On this bases, plus the fact that future extensions of sanitary and storm sewer are anticipated forthis area, I recommend that the remaining length of Hart Boulevard bei^ erlaid with a 1 1/2" bituminous surface. The estimated costS� this construction is $10,100 - $10,800. Cost of constructing a permanent type street with full depth bituminous, curb and gutter and storm sewer would be $62,300 - $64,000. Both of these estimates are based upon the unit bid prices recieved for the 1977-3 Improvement Project. ^raj The breakdown of these costs aro as follows: ? r Ill C ° J Recommended 1 1/2"Bituminous Overlay. (Bituminous) "I; 2201) 1.. F4. x 24 Ft. x I 1 S ,x 1 . 5" 550 tons x $5.80/ton $ 3,190 �Ir y 2000 ton (01 1) 550 tons a 6.5% nil - 35.7 tons x $85/1.on 3;1134 " r (Excavate Shoulders to drain to ditch) I 600 IN . x 20' x .S' 220 cy. x $2.8SAY 630 t7 (Rest—oration - Sod) 600 x 20 — 1333.3 yd x 1.36 yd - 1 613 g g8,667.00 Ci Indirect coats x 1.17 $10,140.00 Start. Buolevard Recommendation Page 2 Permanent Street Alternative (Excavation) 2200 it x 36 x .S, = 2346 cy x $2.85/cy - $ 6,685 27 (Bituminous & 011) 2200 x j2 x 115# x 2.5 = 1159 tons x $5.20/ton = 6,029 9 2000 1159 tons x 4% a 46.36 x $85/ton = 3,940 2200 x y; x IIS# x 2 = 927.7 tons x $S.80/tan 5,380 9 2000 927.7 x 6.5% — 60.3 T x $85/ton= 5,125 (Curb, Gutter) 4200 1.. F. x $3. 36/ft. = 14, 1 12 2Ut1 x $9.74 ., driveways 1.945 (SI.orm Sower) 4 catch bal'ins in low wren $445 x 4 = 1,08o (5()} (:ulveri., 2 flared end sections) 50' x $23.40/1't. of 30" CMP 1 , 171J 2 I' l ared ends Sod) 420o x 51.36 yd. .,i sod a 5,712 $53,254 Indirect. Costs a 1.17% $62,342 $02.342/22(( l isu.al feet, - ($23.33 i.f•) RESOLUTION DEfERtUNTNG THE NECESSITf FOR AND AUTHORIZING THE AOQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN FOR 1978-1 IMPROVEMENT PROJECT WHEREAS, the City Council of Monticello has heretofore determined that the City of Monticello should construct road improvements, sanitary sewer and water main extensions to service the Country Club Manor subdivision plat in Monticello, Minnesota, and also has identified and approved of a major proposed thoroughfare in its Comprehensive Guide Plan that services the above referenced plat; NOW, THERd;FM, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, KDOMOTA, AS FOLLOWS: 1. Acquisition by the City of the following described easements are necessary for the above stated purposes: PARCEL NO: 101402 DESCRIPTION OF EASEMENT: A permanent easement for roadway and utility purposes over, under, and across that part of the South 659.00 feet of the East 30 acres of the Southeast Quarter of the Northeast Quarter of Section 10, Township 121, Range 25, Wright County, Minnesota, described as follows: Beginning at the southwest corner of said East 30 acres of the southeast Quarter of the Northeast Quarter; thence North 3 degrees 05 mutes 44 seconds East, assumed bearing, along the west line of said East 30 acres a distance of 107.64 feet; thence South 44 degrees 50 minutes 16 seconds East 160.27 feet to the south line of said Southeast Quarter of the Northeast Quarter; thence North 87 degrees 05 minutes 46 seconds West, along said south line, a distance of 119.10 feet to the point of beginning. Said permanent easement contains 6,410 square feet more or less. PARCEL NO: 104100 DESCRIPTION OF PARCEL: Commencing at the northeast corner of the Southeast Quarter of Section 10, Township 121, Range 25, Wright County, Mirmesota; thence West on the East—West Quarter line of said Section 10 a distance of 535.8 feet to the point of beginning; thence continuing West 700 feet along said line to s point; thence southeasterly deflecting to the left 117 degrees 09 minutes n distance of 527.2 feet to a point; thence northeasterly deflecting to the left 108 degrees 27 minutes a distance of 657.5 feet to the point of beginning. DESCRIPTION OF EASOM: A permanent easement for roadway and utility purposes over, under, and across that part of the above described parcel lying northeasterly of the following described line: Beginning at the southwest corner of the Fast 30 acres of the Southeast Quarter of the Northeast Quarter of said Section 10; thence South 47 degrees 48 minutes 30 seconds Eaet 250.00 feet more or leas to the Sou'.heasterly line of the above described parcel and said line there terminating. For the purpose -3f this description, the south line of said East 30 acres is assumed to boar Fest. Said permanent easement contains 20,000 square feet more or less. C 2. The City Attorney is authorized and directed on behalf of the City to acquire the easements above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take pos- session pursuant to Minnesota Statutes, Section 117.042. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted by the City Council this 25th day of September, 1978. Voting in favor: Opposed: Gary Wieber City Administrator DELINQUENT ACCOUNTS Tree Fund Doug Pitt -- $163-00 Kcv.i.n Olson 162.56 511t I,e Ruby (lass 150-34 sk /.e, - James ;James Voi 1 226.82 Water Fund K. Rossberg $ 76.50 S. Gregoire. 12.88 Mona Tracy 12.88 Sewer Fund K. Rossberg $ 6.011 C IFheneighborhood residents +>f I..)Iison-Palk would IIke. to ad},Ct4c, ;hr room:ll nt iilv�eascd problems regarding irrespenaihlc acd reoklvsc driving and suspicious alcuh 1. and drug retateari�t„ygiii.�t Cn and around the park. We havt: met with Cary Yicber and Mike Rapala of the city at;-ff. and offer the [allowing recommendations. Install an additional "Dead End" sign at the corner of Dayton and River streets, and a barricade sign at the east end or River Street at the hospital property line. —� Install "Yield" signs at the foot of Dayton and Washingt•�n streets where they Intersect River street. n%O('30 Spp:ify the closing of the park during the nightime 114+11r5 of 10 PM to T AM. 4.Trim the trees around the existing lights, and consider at one additional light to the east of the center road. W' %. Expand and surface the west and center parking areas Including curbing. include "speed control hurms" as appropriate. Re' -assess i the road urilisatton and traffic patterns of the entire ;ark. "I 6. Advise the county police of the problems as outlined her, and the solutions adopted. 'and direct special emphasis for t.,his area. 8 5-1 8-5-7 CHAPTER 4 PARKS SECTION: 8-5-1: PURPOSE 8-5-2: OBSERVATION OF POSTED RULES 8-C_3• PARKINS 8-�j-II: REFUSE 8_5_5 FIRES 8-5-b: SNOWIIOBILES .' 5-7: SPEED LIMIT o-5-1: PURPOSE: IT IS THE PURPOSE OF THIS CHAPTER TO PROTECT AND PROMOTE THE PUBLIC HCALTH, BAFETY WD GENERAL WELFARE 01 THE CITY 0/ MONTICELLO BY REGULATING TMC U]. OF CITY ►ARKS. 8-5-2: OBSERVATION OF POSTED RULES: ALL POSTED RULE] AND REGULATION] B. THE CITY or MONTICELLO MUST BE OBSERVED IN ADDITION TO THOSE CONTAINED IN THIS ORDINANCE. 8-5-3: PARKING: PARKING IS ALLOWED ONLY IN DEFINED AREAS. PARKING IS PROHIBITED ON GRAS] OR WALK PAINS. 8-5.4: REFUSE: REFUSE -UST BE DISPOSED OF PROPERLY. 8-5-5: FIRES: r1RC0 AR[ ONLY ALLOWED IN OARBEGUE PITS OR IIREPLACCS AND ALL OTHER FIRE] ARE PROHIBITED. 8-5.6: SNOWMOBILES: SNOWNOBILCB ARE NOT ALLOWED IN THE WEST RIVERSIDE PAPK. 01-7-7: SPEED LIMITS: ALL VEHICULAR TRAFFIC IN CITY PARKS IS LIWITro TO A SP[ro or 10 M.P.M. REGULAR MEETING MO14TICMrn CITY COUNCIL September 25, 1978 - 7:30 P.M. Members present: Gene Walters, Arve Grimsmo, Phil White, Dan Blonigen. Member absent: C. 0. Johnson Citizens Comments: Larry Flake, owner of Monticello Ford, requested a variance from the Certi- ficate of Occupancy requirements that all landscaping be completed prior to occupancy of the new building. Mir. Flake indicated that he would like to rove from his downtown location to the new building by October 1, 1978, and requested an additional 30 days to have the landscaping completed. Motion was made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to approve the landscaping variance on the Certificate of Occu- pancy requirement for up to 30 days provided a bond is posted with the City of Monticello. 1. Public Hearing for Proposed Assessments on Delinquent Accounts. A public hearing was held by the City Council for the purpose of collecting 1 delinquent accounts for various types of current services provided by the City through a special assessment method. Motion was made by D. Blonigen, seconded by A. Grimsmo and unanimously carried to place a delinquent tree removal assessment against Lots 19 2 and the West � of 3, Block 48, in the amount of $226.82 on the tax rolls for 1979. Motion was also made by P. White, seconded by A. Grimsmo and unanimously carried to place a delinquent sewer and water bill in the amount of $765.80 on a special assessment for 1979 against the Monticello Recreation Cafe. 2. Public Hearing on Proposed 1979 Budget including AnDronriation of Federal Revenue Sharing Funds. Federal Revenue Sharing laws require that a public hearing be held by the City Oil the appropriation of Federal Revenue Sharing funds for 1979 along with a public hearing on the municipality's entire budget. Tlip 1979 Hudget presented to the City Council proposed an $847,734 levy for 1979, which would amount to a City mill rate of 21.35 mills. The 1979 Budget !; spprcyimately $22,000 less than the 1978 levy. A request was made by the Community School Director, Duane Cates, along with the Superintendent, Shelly Johnson, asking that the Council, consider increasing its share of the funding for the Joint Recreation Program from the proposed $31000 budget amount to approximatuly $6,225. This request was booed on a q Minutes - 9/25/78 report presented by Mr. Gates indicating that 43% of those involved in the j Summer Recreation Program were from within the City limits, and thus, the City's share should be an additional $39225._ After discussion by the Council on which taxing district should be responsible to raise the funds, a motion was made by D. Blonigen, seconded by G. Walters to leave the City's share of the Joint Recreation Program budget at $3,000 per proposed budget. Voting in favor - D. Blonigen, G. Walters. Opposed - A. Grimsmo, P. White. Because of the tie vote, motion was defeated. Notion was then made by A. Grimsmo, seconded by P. White to authorize that the 1979 Joint Recreation Budget be placed at $69225. Voting in favor - A. Grimsmo, P. White. Opposed: D. Blonigen, G. Walters. Again, due to the tie vote, motion was denied. As part of the Fire Fund budget for 1979, a request was made by the firemen to increase the hourly pay scale of $5.00 for the first hour and $3.00 for each additional hour thereafter, to a new scale of $7.00 for the first hour and $5.00 for every hour thereafter. Motion was made by G. Walters, seconded by D. Blonigen and unanimously carried to approve the increase in the fire- men's hourly salary from $5.00 and $3.00 to $7.00 and $5.00 respectively. The Council also received a request from the Public Works Department for a new street sweeper and from the fire department for a mini -pumper rescue truck for possible inclusion in the 1979 Budget figures. It was the consensus of the Council to not include any money in the 1979 Budget for these items as the Capital Outlay Revolving Fund could be used for these items if purchased in 1979. In resards to the Federal Revenue Sharing funds expected by the City in 1979, a motion was made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to desiEnate the approximately $69,000 In Federal Revenue Sharing funds towards the City's portion of the expected $1,000,000 cost for upgrading the Wastewater Treatment Plant. In regards to the entire budget for 1979, motion was made by D. Blonigen, seconded by A. Grimsmo and unanimously carried to adopt the 1979 Budget as proposed in the amount of $847,734.00. 3. Consideration of the Award of Sale of $1,47�,ODO in General Obligation Improvement Bonds for the 1978-1 Improvement Project. King Porro as, of our bonding consultont Springsted, Inc., opened five bids on tho sale of $1,475,000 General Obligation Improvement Bonds for the 1978-1 sewer and water project. The bids received were as follows: Net Intereut Net Interest Firm Dollar Cost Rate Continental Bank of Illinois $452,101.47 5.341621% 1st Nat'l of Chicago $449,480.04 5.310649% Bancllorthwest $451,585.00 5.3355% C Dain, Kalman & Quail, Inc. $450,592.42 5.3237% 1st St. Paul $445,179.38 5.259% —2— Q —/ Pbnutes - 9/25/78 A recommendation was made by King Forness, bonding consultant, that the City accept and award the sale of the bonds to the low bidder, the 1st National A Bank of St. Paul. t•btion was made by P. White, seconded D. Blonigen and unanimously carried to adopt a resolution awarding the sale of the general obligation bonds to the low bidder, the 1st National Bank of St. Paul in the amount of $1,475,000. 4. Consideration of Recommendations on Ellison Park. At the last City Council meeting, the Council received a list.of recommendations from the neighborhood residents in the Ellison Park area to help curb some of the traffic and juvenile problems. The City Administrator indicated to the Council that the following recommenda- tions of the neighborhood residents have or will be implemented: 1. L:stallation of a Dead End sign at the corner of Dayton and River Streets and a barricade sign at the east end of River Street at the Hospital property line. 2. Installation of Yield signs at the foot of Dayton and Washington Streets where they intersect with River Street. 3. Trimming of trees around the existing lights in Ellison Park. 4. The Wright County Police have been advised of problems in the Park area and will be monitoring the Park more regularly. The Council also discussed the closing of the Park during the nighttime hours from 10:00 P.M. to 7:00 A.M. along with the installation of additional lighting in the area, but by consensus of the Council, these items will not be implo- mented wr:.il these other control measures are reviewed. The ',;right County Sheriff's office also recommended that the Park rules and regulations that are posted in the Parks be adopted by means of an ordinance so that violators could be togged and cited by a specific ordinance number. Potion was made by D. Blonigan, seconded by P. White and unanimously carried to adopt a new ordinance entitled Chapter 4 - Parks, Sections 8-5-1 thru 7. (See ordinance amendment 9-25-78 N60). Additionally, the Council will be, in the future, reviewing the feasibility of the othor requests made by the naig),Wrhood residents In regards Lu the possibility of closing the eastern portion of the loop road in the Park, along with possible speed control berme. etc. 5. Considerntion of Conditional Use Permit for a Tri -flex Apartment House by Tom Chock. Pyr. Tom Chock applied for a conditional use permit to allow him to make a third apartment in his existing duplex at 801 W. 3rd Street. The apartment house was just recently built and was the original intention of Mr. Chock to have a large area downstairs devoted to a laundry room and storage room, but after the building was occupied, Mr. Chock felt the area would be better put to use as an efficiency apartment. -3- q Minutes - 9/25/78 According to the City ordinances, a three unit apartment house would have to - have a lot size of 12,500 square feet, while Mr. Chock's lot size is currently - only 109890 square feet. As a result of this provision, in addition to the conditional use, a variance would be necessary. The Planning Commission at their previous meeting recommended approval of the conditional use permit based on the fact that Mr. Chock presently owns a four- plex that is adjoining his duplex property and when the two parcels are com- bined, there is sufficient land to allow seven units on both parcels. Motion was made by A. Grimsmo, seconded by P. White and unanimously carried to approve the conditional use permit for the three -unit apartment to Mr. Chock, and the necessary variance from the 12,500 square foot provision to a 10,890 square feet. 6. Consideration of Approval of Subdivision of Land., Jim Metcalf and Brad Larson requested a subdivision of land whereby they would subdivide a portion of the lot they own and sell this portion to the abutting property owner, Viva Jean Abrahamson. The proposed mibdivision would result in the original lot remaining at approximately 129700 square feet with a second parcel consisting of 7,700 square feet being divided and sold to Mrs. Abrahamson. This subdivision of land does meet the criteria of the City ordinances in that the newly created property lines will not cause the existing house to be in vi lation of the minimum lot size requirements, and therefore, a motiot. was made by P. White, seconded by A. Grimsmo and unanimously carried to approve the subdivision contained in the certificate of survey submitted provided that the parcel of land added to Mrs. Abrahamson's lot be added to her present legal description also. 7. Consideration of Extension of Variance for River Meadows Apartments. On September 26, 1977, the City Council approved a variance request by River Meadows Partnership to allow a variance for the construction of up to a 3C -unit apartment along East County Road 39. Since this variance request will expire on September 26, 1978, the Partnership requested an extension of time in which to complete the work on the proposed apartment building. The primary reason for the request of an extension is that the developers are currently in the process of lining up financial commitments in order to allow construction to begin in the spring of 1979. Motion woo made by A. Grimsmo, seconded by P. White and unanimously carried to approve the extension of the variance for the River Meadow Apartments. This variance extension will be for one year. S. Consideration of Improvement to Hart Boulevard., A', the last council meeting, a request was made by Dr. Kasper that the Council cc,:isider improving Hart Boulevard with at least a bituminous surface beyond the proposed termination point on the 177-3 project which is now at the Hospital's east property line. -4- I Minutes - 9/25/78 The Public Works Director, Mike Rajala, has reviewed this portion of the road along with the City Engineer and has come up with a cost estimate for this project of $10,100 to $10,800 for a 1}" bituminous overlay. The Council was also informed that if a permanent type of street along with curb and gutter were installed, the cost would be in the neighborhood of $63,000. City Engineer, John Badalich, informed the Council that this section of road may have to be torn up in a few years for possible sewer improvement, and would not recommend a permanent type of street being installed at the present time. After discussing the necessity of a bituminous overlay versus repairing and maintenance, it was the Council consensus to proceed on Hart Boulevard with a maintenance type program only during 1978 and also suggested that a main- tenance program for all unimproved streets in Monticello be made up dividing the City into sections where improvements could be made in various years. 9. Consideration of Resolution Relative to Initiating Eminent Domain Proceedings on Easements necessary for the 1978-1 Improvement Project. Appraisal values for the easements necessary on the 1978-1 Improvement Project have been previously submitted to property owners Tim Genung and Harold Ruff for their consideration. A letter was received from Mr. Ruff's attorney indicating that they would not accept the City's offer and also they made no other counteroffer on the appraisal. �- Mr. Tim Genung presented a letter to the Council from his attorney indicating that he would not accept the City's appraisal offer and also requested that an exact certificate of survey be prepared showing the exact square footage of the necessary easement. The Council informed the property owners that negotiations could continue with a hope of a settlement being reached between the property owners and the City, but a motion was made by P. White, seconded by A. Grimsmo to adopt the resolution authorizing the City Attorney on behalf of the City to proceed with the acquisition of the easements through eminent domain procedures. Voting in favor were: G. Walters, P. White, A. Grimsmo. Opposed: D. Blonigen. (See Resolution 1978 - 12.) 10. Approval of Bills. Motion was made by D. Blonigen „ seconded by A. Grimsmo and unanimously carried to approve the bills for September 1978 as prosonted. (See Supplement 9-25-78 bl). 11. Approval of Minutes. The Minutes of the City Council mooting held September 11, 1978 were approved as presented. Min Minutes - 9/25/78 12. Miscellaneous. The meeting date for the regular Council meeting scheduled for October 9, 1978 was rescheduled to October 10, 1978, due to the Holiday. Meeting adjourned. Ri and Wolfsreller Assistant Administrator RW/ns — 6 — �Cp vz TO: City Council FROM: Gary Wieber /JAC-17 SUBJECT: Special Meeting - Public Hearing for Assessment in 1977-1 and 1977-2 improvement Projects This memorandum is to serve as a reminder that a Public Hearing is to be held by the City Council on Monday, October 2, 1978, at 7:30 PM, relative to the proposed Assessment Rolls on the above Improvement Projects. Handouts at the last meeting, September 25, 1978, were letters of September 11 and September 12, 1978, from OSM relative to the preparation of the Assessment Rolls. Additionally enclosed, please find a recap of the assessments proposed on these projects. It should be noted a entire copy of the Assessment Roll is on file at the City Hall. Of the 1977-1 Improvement Project, approximately 64.71% is proposed to be assessed, and of the 1977-2 Improvement Project, approximately 78.58% is proposed to be assessed. Possible Action {` After the public hearing is held, any adjustments should be made by the council and a resolution adopted ordering the assessments to be put on the Assessment Rolls over a 20 year period of time. The rate of interest should be indicated in the resolution. It should be noted that the bonds for this Improvement project were sold at 5.21% and normally the City would charge about 1�% greater than the interest it is paying on the bonds to cover it's administrative charge in collecting assessments and to account for delinquent taxes, etc. This would result in an interest rate of 6.75% for example. It also should be pointed out that the sale of the General obligation Improvement Bonds were based on an interest rate to be charged on the assessments of 7b%. Any deviation from the 7b% would be in effect an amendment to the original resolution calling for the sale of bonds.