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City Council Agenda Packet 10-11-19884. AGENDA FOR THE MEETING OF THE CITY COUNCIL Z b Tuesday, October 11, 1988 - 7:30 p.m. jz C✓�v i Mayor: Arve A. Grimsmo ' Council Members: Fran Fair, Bill Fair, Warren Smith, Dan Blonigen 1. Call to Order. 2. Approval of Minutes of the Regular Meeting Held September 26, 1988. 3. Citizens Comments/Petitions, Requests, and Complaints. 4. Consideration of Adopting Ordinances Regulating Loitering, Cruising, and Noise Abatement. 5. Public Hearing on Preliminary Plan for Celebrate Minnesota Project. 6. Consideration of Resolution Issuing an Order for Abatement of Dangerous Buildings - Clifford Olson Property. 7. Consideration of Request to be in Non -Compliance with City Ordinances or Request for Second Service at no Charge. 8. Public Hearing on the Proposed Budget for 1989. 9. Consideration of Adopting the 1989 Budget and Certifying the Tax Levy. 10. Consideration of Appeal on Variance Request to Allow 1) a Garage to be Constructed within the Front Yard Setback Requirement; 2) a Garage to be Built with a Siding in Excess of the 12 -inch Siding Width Allowed. Applicant, Viva Jean Abrahamson. 11. Consideration of Conditional Use Request to Allow Minor Auto Repair in a B-3 (Highway Business) Zone. Applicant, Dale Poganski. 12. Consideration of a Preliminary Plat Approval for a Residential Subdivision. Applicant, Tom Holthaus. 13. Consideration of Conditional Use Request to Allow a Cold Storage Building to be Built in a PZM (Performance Zone Mixed) Zone. Applicant, Ruff Auto. 14. Consideration of Simple Subdivision Request to Allow Two Residential Lots to be Split, with Less than the Minimum Lot Area Square Footage. Applicant, Dan Frie. 15. Consideration of Replatting Request to Replat an Existing Unplatted Lot into (8) Townhouse Lots and One Common Area Lot. Applicant, Floyd Markling. t,• b+t sv%S g:11 F„, SL...I! 11,p A. J. bac--%4L � 'A' r` a iw cewK� A41- 14 Jk1: ” Ai- ... Wil 7,,fQ ( if S `�-" � City Council Agenda October 11, 1988 Page 2 16. Consideration of Resolution Accepting Bids and Awarding Contract on 88-7 Improvement Project. 17. Consideration and Review of the Proposed 1989 Budget of the SX4. 18. Adjournment. J t MI:=ES REGULAR MEETING - MdNT:C_LLO CITY COUNC:L Monday, September 26, 1988 - 7:30 p.m. Members Present: Fran Fair, Warren Smith, Dan Blonigen, Bill Fair Members Absent: Arve Grimsmo 2. Approval of Minutes. Motion was made by Dan Blonigen, seconded by Bill Fair, and unanimously carried to approve the minutes of the regular meeting held September 26, 1988. 3. Citizens comments/pet itions, Requests, and Complaints. Teresa Harms presented a petition to City Council and stated that the Petition contains names of individuals requesting that the City develop a Youth Center. Harms went on to explain that a youth center will take care of kids on the streets, it would take care of drinking, and would help kids and teens say no to drugs. Acting Mayor Fran Fair stated that the City Council appreciates the input of young people and went on to report r that the City council has discussed the possibility of a youth center and has researched the citizen attitudes toward development of such a facility. ?; Council membdr Bill Fair reviewed the petition and noted that the petition doesn`t address the issue of a youth center. Bill Fair read the petition to the audience which stated "We need your help to fight for the right to be on the strip to see friends." A general discussion ensued regarding cruising and loitering issues. Eric Harms questioned the legality of a proposed loitering ordinance. City Administrator, Rick woifsteiler, noted that the ordinance will be designed to protect the rights of individuals impacted by littering, noise, loud profanity, and vandalism associated with cruising. It will also conform to requirements of the O.S. Constitution. Harold Pituman announced that he supports the kids attending the meeting and noted that they should not be treated like criminals. He went on to voice support of the development of a youth center that features good dances and fifties cock. Larry Harms voiced his support of a youth center. Donna Grimly reported that the cruising problem is not as bad as it once was and if you take that away then there is nothing for kids in low income families to do. Councilmember Bill Fair stated that problems on Broadway will no longer be tolerated and that a tougher loitering ordinance is something that must be considered along with consideration of development of a youth center. 1 1 7 1 Council Minutes - 9/26/88 4. Public Hearing on Improvements to Floyd varkling Townhouse Development ana Monticello Country Cluo - 88-03 Project. AND 7. Consideration of a Resolution Approving Plans and Specifications and Advertising for Sias on 88-03 Project. A general discussion of the financing of the proposed improvement was discussed. No opposition to the project was voiced by adjoining property owners, and it was the general consensus that the assessment formula would be established after completion of the project. Motion was made by 8111 Fair to adopt a resolution approving plans and specifications and ordering advertisement for bids to serve property of Floyd Markling and Monticello Country Club with city sewer and water main. Motion was seconded by Dan Blonigen and passed unanimously. See Resolution 88-35. 5. Nblic Bearing for Moving and Relocation Expenses Pertaining to Acquisition of Property. Economic Development Director, 011ie Roropchak, reported that the moving and relocation expenses associated with the senior housing project Bite acquisition represent a portion of the housing site purchase price and is not an addition to the negotiated purchase price. Identifying the portion of the purchase price dedicated to moving expenses is a requirement of the HOD -Uniform act which governs acquisition of private land by a government. Public hearing closed. After discussion, motion was made by Bill Fair and seconded by warren Smith to adopt a resolution approving the Monticello Housing and Redevelopment Authority acquisition cost inclusive of moving and relocation expenses pursuant to the HOD-Oni!orm Act. Motion passed unanimously. See Resolution 88-36. 6. public Hearing for Modification 03 of Project Costs for Tax Increment District 42. Fran Fair described the plan modification and asked for public comments. There being no comments from the public, the public hearing was cl)sed. After discussion, Motion was made by Warren Smith and seconded by Dan Bionigen to adopt a resolution adopting Modification 13 of the existing Tax Increment Finance Plan for Redevelopment District #2 pursuant to the provisions of Section 273.71 to 273.78 inclusive of the Minnesota Statute. Motion passed unanimously. See Resolution 88-37. 8. Consideration of a Resolution Issuing an Order for Abatement of Dangerous Buildings — Cllrrora Olson Property. After discussion, Council requested that staff contact the City Attorney for further clarification regarding proposed resolution and strategy for J [E] Council Minutes - 9/26/88 abatement of said dangerous building. Motion made by Bill Fair and seconded by Warren Smith to table consideration of a resolution issuing an order of abatement of dangerous buildings - Clifford Olson Property. Motion passed unanimously. 9. Consideration of Using Streetscape Surplus Funds for Additions to Base Project. Assistant City Administrator O'Neill reviewed the status of the Streetscape budget and reported the recommendation made by streetscape committee members regarding the use of remaining streetscape funds. Warren Smith noted his desire to keep the project within budget and asked for assurance that the contingency remaining will be sufficient to cover any remaining unexpected cost. Staff reported that $3,500 remains in the contigneney fund after the proposed additions to the project are completed. After discussion, motion was made by Warren Smith and seconded by Bill Fair to utilize streetscape contingency funds to purchase one replacement - vao globe light, one replacement - four globe light, replacement bridge railing, replacement of sidewalk along Walnut Avenue in front of Golden valley Furniture, and installation of three ornamental lights on the east side of Walnut Avenue south of Broadway. voting in favor - Fran Fair, Warren Smith, Bill Fair. Opposed - Dan Blonigen. 10. Consideration of resolutions Setting a Public Rearing to Adopt Assessments for 38-013 and 8E-02 Project. Motion made by Hill Fair and seconded by Dan Blonigen to adopt a resolution setting a hearing on the proposed assessment and a resolution declaring costs to be assessed and ordering preparation of proposed assessment. Motion carried unanimously. See Resolution 88-38 and Resolution 88-39. 11. Consideration of Upgrading Streets in Monticello Industrial Park. Public Works Director, John Simola, reviewed the report submitted by Braun Engineering which detailed the load bearing capacity of streets in the industrial park. Simola recotnmended that the City upgrade and overlay only those areas of lower strength this fall as maintenance activity to achieve table 1 ratings and consider further upgrading in 1989. Table 1 Road Designation Spring Axle Wad Cneisea Road 8 tons Dundas Road 8 tons Fallon Avenue J tons Thomas Circle 10 tons Thomas Park Drive 9 tons L Council Minutes - 9/26/88 Smola went on to note that deferring a major project to 1989 will allow us time to develop some additonal cost information and discuss the proposed improvements with more property owners in the Industrial Park prior to making an actual decision or holding a public hearing. Bill Fair noted that approval of staff recommendations assures the City that its present investment in the streets is protected. Motion made by Bill Fair to upgrade and overlay those areas in the industial park of lower strength to achieve table 1 ratings and consider further upgrades in 1989. Motion seconded by Dan Blonigen and carried unanimously. 12. Consideration of Bills for the Month of September. After discussion, motion made by warren Smith, seconded by Bill Fair, to approve payment of bills for the month of September, 1988. Motion passed unanimously. Other Matters. Prior to adjournment, Council briefly discussed the cruising is.^,ue. Fran Fair noted that Council should' listen to complaints regarding a potential loitering ordinance made by individuals present earlier in the meeting but should not be intimidated or bullied by the group. There being no further discussion, meeting was adjourned. Respectfully submitted, 6AU Jeff O'Neill Assistant Administrator. Council Agenda - 10/11/88 Consideration of Adopting Ordinances Regulating Loitering, Cruising, and Noise Abatement. (R.W.) A. REFERENCE AND BACHGROMM: At the direction of the City Council and staff, City Attorney Tom Hayes has prepared three ordinance amendments that he recommends the City Council adopt as additional tools for law enforcement personnel to use in curbing the loitering, noise problem, and cruising within the city of Monticello. As I indicated at the last Council meeting, Mr. Hayes has been consulting with surrounding communities who have dealt with similar problems in regards to cruising and has come up with ordinances that he feels may be helpful to the City to curb this problem. The ordinance amendments proposed are an attempt to curb the 1) cruising by adoption of ordinance amendment Title 9; 2) loitering, littering, and lingering on the public sidewalks, etc., by adoption of Title 7-1 under Public Nuisances, and 3) an additional ordinance that would hopefully curb noise problems between the hours of 10 p.m. and 7 a.m. All of the ordinances do indicate the enforcement procedures and penalties for violation. It should be recognized that even with the adoption of these ordinances, it remains to be seen what effect they will have on a judicial system in prosecution of violators; but the ordinances will give the law enforcement officials a tool to use to hopefully curb the problems we have been experiencing. B. ALTERNATIVE ACTIONS: 1. Adopt three ordinance amendments as proposed. 2. Adopt only one or two of the ordinance amendments. C. STAFF RECOMMENDATION: Since the Sheriff's Department has requested additional tools in the form of ordinances to use in enforcing the cruising and loitering problems in Monticello and because of Mr. Hayes' research in developing these ordinances, it is certainly the staff's recommendation that they be adopted. If any of the ordinances need modifications or amendments in the future, this can be easily accomplished when necasaary. Although the staff recognizes that this is not necessarily a cure-all to our problem, it is certainly a step in the right direction; and the ordinances should provide the necessary tools for the Sheriff's Department to use. D. SUPPORTING DATA: Copy of the three ordinance amendments proposed. )lin.c try I C. IL J n LL 1 .' �t>ti•,�A i� tJlec�J,vQ {� ,� Ike Q�`'' S °Jcv , f c•,.-•�I �a✓ 1 {1� �7 1 �jl,..k W I7, V C1 ,� 1 � {� �y I,) � �-Llo`^ ` �� � Iv+` 1 QLV.4'1^�)i•� PIC M, h j e,m or. d: d SoaL q,.d ... b.t {.� - - G. ✓•.tic I;u I- ,9,..J.,.1 . AN ORDINANCE A?42NDING CHAPTER : OF THE CODE OF THE CITY OF MONTICELLO SECTION 1. Section 7-1-3 of the Code of the City of Monticello is amended to read: SECTION 7-2-3 public Nuisance. (a) Misdemeanors. Whoever commits any of the following acts is guilty of a misdemeanor; punishable by a fine of not more than $700 and by imprisonment in the county.jail of not more than 90 days: 1. Consumption of intoxicating liouar or non-intoxicating liquor in public or in other places prohibited by law except as pro- vided by law. 2. Strewing, scattering, littering, throwing or disposing of any garbage or refuse onto any premises except into receptacles provided for such purposes. 3. Marking with ink, paint, chalk or other substance, or posting handbills on, or in any other manner defacing or injuring any public or private building or place within the City, or marking, defacing or injuring fences, trees, lawns or fixtures appurtenant to or located on the site or such buildings, or posting hand- bills on such fences, trees or fixtures, or place a sign any- where on any such site except as permitted by the owner thereof. q. Lingering about the doorway of any building, or sitting or lingering upon the steps, window sills, railing, fence or or parking area adjacent•to any building in such a manner as to obstruct or partially obstruct ingress to or egress from such building or in such a manner to annoy the owner or occupant. S. Obstructing pedestrian or vehicular traffic or otherwise causing an obstruction or interference with premises or rendering any premise dangerous for passage except in cases of emergency. $. Failing or refusing to vacate or leave any premises after being requested or ordered, either orally,. in writing or by posted sign, to do so by the owner, agent, manager or person in charge thereof, or by any law enforcement agent or official, and also the return at any time thereafter to any such premises after having been so requested or ordered to vacate or leave such premises. ',b) Pette Misdenesnors. 'Whoever Comfits any of the following acts is guilty of a petty misdemeanor punishable by a fine of not more than $100: ) 1. Races the motor of any motor vehicle so as to cause unnecessary / and unreasonable noise; 2. Causes, produces or creates any unnecessary and unreasonable noise by shouting, mechanical means, the blowing of motor vehicle horns, or any other similar noise. 3. improper or annoying use of spot lights onto persons or premises. 4. Using profane, abusive, indecent or threatening language in public. 5. Occupies a standing motor vehicle in an area generally reserved for parking, or occupies a standing motor vehicle while the vehicle is double parked. (c) Premises. For purposes of this section, premises shall include any yard, lot, parcel, sidewalk, boulevard, street*, highway, alley, park, play- ground, restaurant, cafe, church, school, any car or other motor vehicle, parking lot, drive-in, building used for business, commercial or industrial tt purposes, washroom or lavatory, apartment hallway or other location whether I public or private in the City of Monticello. AN ORDANANCE AMENDING TITLE 9 SECTION 9-1-7 OF THE CODE OF THE CITY OF MONTICELLO SECLION 1. Section 9-1-7 of the Code of the City of Monticello is amended to read: 9-1-7: Unreasonable Acceleration, Erratic Driving and Exhibition Driving (A) Same (B) Same (C) Exhibition Driving. No person shall drive or operate a motor vehicle upon any public highway, street, parking lot, alley or other public property within the limits of the City of Monticello which causes unnecessary engine noise or backfire, nor shall anyone between the hours of 7:00 p.m. and 7:00 a.m. parade a motor vehicle upon any public highway, street, parking lot, alley or other public property within the limits of the City of Monticello. Parade a motor vehicle is hereby defined as driving or operating a motor vehicle up, down, or up and down, the same highway, street, parking :ot, alley or other public property more than three times within a thirty minute period. (D) Penalties. violation of this section shall be a petty misdemeanor punishable by a fine of not more than $100, provided that any sub- sequent offense committed within twelve (12) months of a previous conviction under this ordinance shall be a misdemeanor punishable by a fine of not more than $700 and to imprisonment in the county jail not more than 90 days. AN ORDANANCE AY,ENDING TITLE 6 SECTION 6-1-10 OF THE CODE OF THE CIT? OF MONTICELLO SECTION 6-1-10 of the Code of the City of Monticello is amended to read: Subd. 1. Noise. Statement of Purpose. It is recognized that loud unpleasant, raucous or prolonged noise has a harmful debilitating and detrimen- tal effect upon human beings, adversely affecting their mental and physical health, safety and well-being. Such loud, unpleasant, raucous or prolonged noise is hereby declared to be a public nuisance. In an endeavor to provide for the mental and physical health, safety and well-being and for peaceful repose of the citizens and neighborhoods of the City, it is hereby declared to be in the public interest that loud, unpleasant raucous and unnecessary or prolonged noise be abated. Subd. 2.(a) Activity Prohibited. No person 'shall, between the hours of 10:00 P.M. and 7:00 a.m. conduct, permit, congregate at, participate in or be present at any party or gathering or people from which noise emanates of such volume as to be plainly audible at a distance of 50 feet from where such gathering or party is taking place, or from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. Subd. 2.(b) Abating, D13tu"ances. No persons except the owner, tenant or other lawful occupant shall visit, remain or be present at or within any resi- dential dwelling unit, adjacent yard or structures wherein an activity prohi- bited by Subdivision 2 of this Ordinance is taking place except persons who have gone there for the sale purpose of abating the prohibited activity. Subd. 2.(c) Enforcement. A peace officer may order all persons present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said party in lieu of being charged under this Ordinance. Refusal to disperse is a violation of the section. Subd. 2.(d) Penalty. Violation of this subdivision is a misdemeanor, punishable by a fine of not more than $700 and by imprisonment in the county jail of not more than 90 lays. Subd. 3(a) Street noise. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape player or any other mechanical device other than an automobile engine on the highways, streets, parking lots, alleys, sidewalks or other public property,within the City of Monticello which is audible at a distance of 25 feet. Subd. 3(b) Penalty Violation Of this subdivision is a petty misdemeanor punishable by a fine of not more than $100. J u i l SUMMARY OF PETITION - HCME TC4NS/GEV0ER/AVERAGE AGE "HELP US FIGHT FOR THE RIGHT TO BE ON THE STRIP TO SEE OUR FRIENDS" OCTOBER 6. 1988 TOTAL ANNANN BUFFALO BIG BECKER MONT- METRO/ (MALE FEMALE UNK IAVERAGE CLWATER LAKE ICELLO ST MICH EAL ��� mss,} to AGE MAPLE ELK RIVER LAKE UNK 137 '.t 13 9 23 64 17 I 58 65 14 I 17.A I I $ OF TOTAL 8$ 9$ 7$ 17$ 47$ 12$I 420 47$ 10-,l 139; a Council Agenda - 10/11/88 5. Public Rearing on Preliminary Plan for Celebrate Minnesota Project. (J.O.) A. REFERENCE AND BACKGROUND: The purpose of the public hearing is to provide the public with the opportunity to comment on the preliminary plan for Celebrate Minnesota and to determine the level of funding the Celebrate Minnesota program can expect from the City. The Celebrate Minnesota Advisory Committee has met on numerous occasions and submits the following preliminary plan for your review. GENERAL GOAL: The goal of the Monticello Celebrate Minnesota program is to provide projects and activities that celebrate the connection of the rich history, future (youth), and natural resources possessed by our growing, progressive, and cooperative community. CELEBRA^E MINNESOTA FORMAT The Celebrate Minnesota program format as designed by the State is outlined below. 1988 - Program Planning 1989 - Project Activities 1990 - The Celebration PROPOSED PROJECTS: A number of activities and projects have been identified that will contribute to the goals established above. The projects partially funded by the Celebrate Minnesota Program will be completed in 1989. The Robert Leathers Play Structure Development will not be completed until early 1990 and is, therefore, not eligible for Celebrate Minnesota Funding. All activities identified as part of the celebration are scheduled for 1990. Footbridge or Ferry/Island Park Development Projects planned for completion in 1989 include development of bridge or ferry providing access to the island in the Mississippi adjacent to East Bridge Park. Along with this idea is a plan for development of a system of trails and picnic areas on the island. General river bank clean-up is also included with this project. The design of the access is in the planning stages. A self -operated ferry has been discussed as a possible method to move people on and off the island. A tomporary bridge has also been discussed, please see the attached table which outlines expected expenditures associated with this project. Council is asked to consider an expenditure of $19,000 for capital equipment associated with this project, with ;12,000 to be drawn from the Celebrate Minnesota Crant -2- Council Agenda - 10/11/88 Program, and approximately $16,000 in the form of volunteer labor from individuals and community groups. Total cost of this project including value of volunteer labor is $47,000. Landscaping Community Entrances It is proposed that the Celebrate Minnesota program include the cooperative efforts of the City and local organizations such as the Chamber, Lions, and Rotary clubs in development of landscaping and signage at or near City entrance points. Details regarding this project proposal will be refined with the input of participating organizations. It is proposed that the City allocate $25,000 for capital costs associated with this project. Additional resources include $10,000 from the State Grant Program and $5,000 from local organizations in the form of volunteer labor. Total cost of this project is estimated at $40,000. Leathers Play Structure Council is familiar with this proposal. unfortunately, this project is not eligible for State funding because it will not be completed until the early summer of 1990. Despite this fact, the advisory committee decided to include this activity in the Monticello program because the project is vital to achieving one of the major goals of the program, which is to celebrate the youth/future of the community and civic cooperation. It is proposed that the City provide a funding level of $12,500 over a period of two years, which represents 118 of the total cost of this particular project. Please note, however, that if a portion of the project ($5,000) is not funded by the State Program for the Handicapped as hoped, then an increase to the planned 1990 funding requested can be expected. Please see project financing summary for more details regarding the funding of this project. CELEBRATE MINNESOTA ACTIVITIES A number of ideas have been suggested for Celebrate Minnesota celebration activities. Such activities will be conducted in 1990. A preliminary budget has not been established for the activity ideas at this point. Any City funding for Celebrate Minnesota Program Activities will be established during the next budget cycle. Celebration ideas include acctvities listed on attached project outline. B. ALTERNATIVE ACTIONS: 1. Motion to approve preliminary plan as presented and allocate City funds as outlined. 2. Motion to approve preliminary plan as presented with modifications resulting from Council discussion. 7. Motion to reject preliminary plan for participation in Celebrate Minnesota program. 5a Council Agenda - 10/11188 C. STAFF RECOMMENDATION: Staff recommends alternative 1. D. SUPPORTING DATA: Table Outlining Preliminary Plan for City of Monticello Participation in Celebrate Minnesota: Advisory Comittee Membership List; Completed City Application for Participation in Program. i -4- CELEBRATE MINNESOTA ADVISORY COXMITTE NAME: ROGER HEDTKE POSIT: C!0 SNYDER DRUG PHONE: (612) 295-4558 NAME: OPAL STOKES POSIT: LEGION AUXILARY 9260 PHONE: (612) 295-2879 NAME: MARILYN HENNINGSON POSIT: PINEWOOD COMM. PLAYGROUND PHONE: (612) 295-5208 NAME: BARB SCHWINTEK POSIT: MONTI/BIG LAKE HOSPITAL PHONE: (612) 295-2945 NAME: KENNETH VETSCH POSIT: VFW POST 98731 PHONE: (612) 295-2839 NAME: CHERYL FULLER POSIT: PINEWOOD COMM. PLAYGROUND PHONE: (612) 295-4064 :TAME: MARY VA.NDELL POSIT: PINEWOOD COMM. PLAYGROUND PHONE: (612) 295-4403 NAME: JUDY SLONEKER POSIT: PINEWOOD COMM. PLAYGROUND PHONE: (612) 295-5692 NAME: SHIRLEY ANDERSON POSIT: LEGION AUXILARY PHONE: (612) 295-2040 NAME: FRAN FAIR POSIT: COUNCIL MEMBER PHONE: (612) 295-5044 C J Em (This is not a grant application) SEE ATTACHED TABLE OUTL:.%G PROGRAM. Only official member communities will be eligible for special highway entrance signs, use of Celebrate Minnesota 1990 togas and listings in Celebrate Minnesota 1990 publications. To become a member, please provide the following information: Nameof Community Cicv of Monticello Approved by mayor or president of,:itv council: Description of community improvement project or Oct. 11. 1980 activity. (Provide as much detail as possible: please use Signature Date , extra sheets. However, your project does not need to be Mayor n final form. Yourgwl is what is important.) Title Development of foot bridge or ferry to person who should receive mailings from Celebrate io!nnd in :Sianisaiai — Deve!on island Park gwnnesota1990.(include address and zip code.) City Entrance landscaping, Rbrt Leathers Play Structure Development. game and" of celebration planned for 1990, if fifferent fro m above: JEFF O'Neill, Assistant Administrator Historical ualkinit Tour. Arte Festival 150 Ease Broadway, Memeieeite X41 4536 I' River rides, Canoe Race, Plav St. Dedication. domecomng Frtv, Fishing Conteet, Parade, :ame of organtzaeon that will supervise project. (The Mail to: Celebrate Mlnnesota 1990 traject can be undertaken by a service club, school or 900 American Center Building nher organization, but it must have the endorsement of 150 East Kellogg Boulevard vur mayor or city council.) St. Paul, Minnesota 55101 Cicv of Monticello (Charter member communities need not reapply) GOAL: Celebration of History, Future (youth) and Natural Resources. 1-9 V CELE==RATE MINNE:OTA/MCNTICELLO PROJECT PRELIMINARY PLAN SEPTEMBER 27, 1988 IISCURCE OF FUNDS II IPRELIMINARY PLAN IIPROGRAM IISCHOOL ICITY ICELES. ISTATE ILOCAL ICC+M IPLAY ICE'-r3RATE NN IISUDGE S IIOISTRICT IOF IMN IPG4 IORGANI- IVOL'JN- IGnND IP.ROJECTS: II II 1MONT• I IHNCPPED IZATIONS ITE=RS ICCv" I II II I 1 I I I I IPROJECTS: I III II I I I I I I ILANOSCAPING II $10,000 11 EO 1$25.000 1$10,000 I I $5,000 I I ICC+MJNITY II II I I I I (labor I I 1ENTRANCES II II I I I 1 value)( I I II II I ! I I I I I II II I I I I I I (ISLAND PARK 11 $A7,000 II 1$19.000 1$12,000 I I 1516.000 I (TRAIL SYSTEM/ II II I I I I I (labor IEtRIOGE ETC. II II I I I I I value)( I II II I I I I I I I II II I I I I I I ILEATHERS PLAY 11$111.500 II $12,500 1$12.500 1 $0 1 $5,000 I$1s.000 1551,500 1$15.000 ISTRUCTURE- II II (6.250 1 1 1 1 (cash) 1 (labor I (cash) I II II per Yr•)1 I I I 1 value)( ITOTAL OF II II I I I I I I 1PROGRAM BUDGE St1 15198.500 11 $12.500 1556.500 1322,000 1 $5,000 1$20,000 1$67,500 IS15,000 1 II 11 1 1 1 1 1 1 IPER-CENT CF TOTAL I I I I 8%1 29%1 11%1 3%1 10%1 3d%I 8% PLAY STRUCTURE TO BE COMPLETED IN 1990 - ONLY PROJECTS COMPLETED IN 1989 QUALIFY FOR CELEBRATE MINNESOTA MATCHING FUNDS. BUDGET DOES NOT INCLUDE COSTS ASSOCIATED WITH CELEBRATION ACTIVITIES SCHEDULE FOR SUMMER OF 1990. THESE COSTS TO BE DETERMINED IN 1989 AND INCLUDED IN IN 1990 BUDGc1. BELOW ARE SUGGESTIONS FOR CELEBRATION ACITVITIES. .................... ACTIVITY IDEAS - 'THE CELEBRATION' - SUMMER OF 1990 LITTLE MOUNTAIN SE-TLEMENT PROMO ARTS FE3TIVAL FICHIN0 CONTEST RECCG1N:T(CN PROGRAM CANOE RACE DEDICATION OF PLAY STRUCTURE HISTORICAL WALKING TOUR HCMECMNG PARTY PARADE TASTE OF MCNT:CELLO FIRE HYMUNT PAINTING MONTICELLO OLYMPICS OLYMPIC TCRCH RUN OLYMPIC BIKE EVENT RIVER RIOE3 FLOWER BOx/9IRO FcECER PROMOTION 'S3ICNAL LITTLE @E?T ADDLICATIC"N C' C:TY LOGO .AGUE TOURNEY JUNK AMNESTY NEASPAPER RECOGNITION -YARD OF WEE;( ETC. b u 6. Council Agenda - 10/11/88 Consideration of Resolution Issuing an Order for Abatement of Dangerous Bu adinas - Clifford Olson Property. (R.W.) A. REFERENCE AND BACKGROUND: At the previous meeting, the Council tabled any action on a request by the City Attorney for adoption of a resolution issuing an Order for abatement of dangerous buildings pertaining to Clifford Olson's property at 100 East Fourth Street. I have discussed with Mr. Hayes the reasoning for requesting Council action to initiate procedures for abatement of his dangerous building without first obtaining a search warrant to allow our Building Inspector to do further investigation of possible building code violations. Mr. Hayes has indicated that if possible, he would prefer not to seek immediate court action or request a Court Order allowing further inspections, as he feels the City has enough evidence from previous reviews by the Building Inspector to warrant issuing the original Order he prepared. Mr. Hayes noted that although the list of violations and repairs needed may not be all encompassing, item $13 in the Order states that Mr. Olson is required to correct any and all other electrical, plumbing, or building code violations. This statement should be sufficient to notify Mr. Olson that all building code violations must be corrected, not just the specific items listed in the original Order. In addition, if Mr. Olson does attempt to proceed with correction of the ita-z listed in the Order, inspections would be required by our Building Inspector; and at that time, he would be able to point out additional deficiencies, if any. At the previous meeting, it was noted by our Building Official that he was expecting the City Attorney to obtain a Court Order allowing him to do further inspection of the property, but as I noted earlier, the City Attorney would prefer to avoid initiating court procedures until all other remedies are exhausted. Mr. Hayes feels comfortable in the Order as prepared in that the item 813 should cover any future violations of building code that are discovered at a later date. Should the resolution be adopted by the Council, Mr. Olson will have 45 days to complete all building, electrical, and plumbing code violations; and at that time, the City Attorney still has the option to file a motion before District Court for summary enforcement. B. ALTERNATIVE ACTIONS: 1. Adopt the resolution proceeding with the Order for improvements according to Minnesota Statutes 463.15 to 463.261 as recommended by the City Attorney. 2. Do not adopt the resolution issuing the Order. This will essentially stop any action an the City's part to correct the deficiencies in this building. v �� Council Agenda — 10/11/88 C. STAFF RECOMMENDATION: Based on additional conversations with the City Attorney regarding procedures according to Statute, it is recommended that the resolution be adopted and the Order issued by the City Council as presented. Even though every possible defect in the building has not been listed in the Order, any attempt by Mr. Olson to partially correct deficiencies will require all building code violations to be corrected. D. SUPPORTING DATA: Copy of the Order prepared by Tom Bayes; Copy of the resolution; Copy of applicable Statutes pertaining to abatement of dangerous buildings was included with your last agenda supplement. P4 1 �\'Y'L� .J -6- STATE OF MINNESOTA DISTRICT COUNT COUNT: OF WRIGHT TMITH JUOIC:AL DISTRICT CIVIL DIVISION City of Monticello, CASE TYPE: 10 Petitioner, ORDER OF THE CITY COUNCIL UNDER MINN. STAT. SECTIONS 463.15-463.261 and Clifford Lee Olson and Garnet Elizabeth Olson, Respondent. T0: Clifford Lee Olson and Garnet Elizabeth Olson Upon resolution of the City Council, City of Monticello, and pursuant to authority granted under Minn. Stat. Sections 463.15-463.261, you are each jointly and severally ordered to make the following repairs to the structures located on Lot Ten (10), Block Sixteen (16). Townsite of Monticello, County of Wright, State of Minnesota: 1. Vent the gas water heater. , 2. Replace ceiling and wall coverings near and around the stairwell leading to the second level. 3. Repai..- the kitchen sink waste pipe. 4. Repair or replace expoaed wiring to any non -covered, no ground fault electrical wall outlet box. 5. Repair or replace exposed wiring from wall outlet to ceiling receptacle. 6. Cover ceiling hole in kitchen coiling above cooking stove. 7. Caulk around bathroom tub and repair or replace water damaged flooring. 8. Install permanent lavatory fixture support. 9. Replace or repair non -vented, exposed wire exhaust tan. 10. Shore -up or replace sagging beams and timbers. 0 il. Reinforce bue:cling walls. J 12. Eliminate vermin nesting in and about the property. 13. Correct any and all other electrical, plumbing or Building Code violations. 14. Secure exterior roof and siding against further weather -caused deterioration. 15. Secure structures from unauthorized entries. This order is authorized under Minn. Stat. Sections 463.15-463.261 because the structures located on the above-described real estate are hazardous buildings within the meaning of Minn. Stat. Section 463.15, subd. 3. The structures have reached such a state of disrepair as to became uninhabitable, unsanitary, a fire hazard and a hazard to public health and safety. The structures also constitute dangerous buildings under the Uniform Code for the Abatement of Dangerous Buildings as adopted by the City of Monticello (Chapter 5, Section 4-5-1, Ordinances of the City of Monticello). Compliance with this Order must be accomplished within 45 days of the date you are served with the Order. In the alternative, you may comply with this Order by presenting to the City Administrator at 250 Vest Broadway, Monticello, Minnesota, within 30 days of the date you are served with this Order, written and fully executed contracts for the repairs required herewith provided that any contractor you contact with must be bonded and licensed and any contract must be performable in full within 45 days of the contract date. If you do not comply with this Order within the time specified, or you do not file an Answer within the time specified in Minn. Stat. Section 463.18, the City of Monticello will bring a motion before the District Court, Tenth Judicial District, Wright County, Minnesota, for summary enforcement of this 2 C Judicial District, Wright County, Minnesota, for Summary enrorcement of this ' Order. DATED: A2': ESTED TO: :ty Adoinistrator w CIT: OF NO'UTICELLO by its Council: Council Memoer Council Member Council Memoer Council Member Mayor I G RESOLUTION 88 - WHEREAS, a petition was received by the City Council of Monticello requesting action to abate a dangerous building, and WHEREAS, a resolution was adopted by the City Council on July 25, 1988, directing the City Attorney to proceed with the procedures required for the abatement of dangerous buildings. NOW, 79MFORE, BE rT RESOLVED BY THE CITY COUNCIL OF MOK:ICELLO: 1. An order pursuant to authority granted under Minnesota Statute Sections 463.15 - 463.261 prepared by the City Attorney is hereby adopted. 2. Compliance with this order shall be accomplished within 45 days or the City of Monticello will bring a motion before the District Court for summary enforcement. Adopted this lith day of October, 1988. Mayor City Administrator II J Council Agenda - 10/11/88 7. Consideration of Request to be in Non -Compliance with City Ordinances or Request tor Second Service at no Charge. W.S.Y A. REFERENCE AND BACKGROUND: I first met Charles Anderson in the spring of this year. His neighbor to the east, Mr. Eugene Kraus, had indicated that he had seen sewage overflowing on the ground from Mr. Anderson's drain field, and I wished to follow this up and discuss the upcoming utility project with Mr. Anderson. I met Mr. Anderson at his home and asked him if he had been having problems with his septic tank and drain field. He informed me that he did, indeed, have problems with his sewer system and his well was very shallow. I had sent all of the residents along East 39 a map of the proposed improvements and asked them where they wanted their sewer and water services located on the lot. I had also sent all residents a notice of the upcoming April 13 informational meeting at the Junior High School. At the informational meeting, I had an opportunity again to talk to Mr. Anderson. He indicated that his sewer and water service would be best put on the east side of his house. He did indicate, however, that it appeared that his only access at this time to County Road 39 was down a driveway that he shared with his westerly neighbor, Mr. Virgil Michaelis. Mr. Anderson owns the northerly portion of Lot 5 of Manhattan Lots and is situated on the river. Mr. Michaelis owns the south half of Lot 5 which is buildable, and all of Lot 4 which his home rests on. The first option to serve Mr. Anderson's property with sewer and water was down the already existing easement for the driveway he shared with Virgil Michaelis. A second option may be to obtain an easement down the easterly side of Lot 5 through and adjacent to Virgil Michaelis' garden. A third option might be to obtain an easement from the easterly neighbor, Mr. Eugene Kraus, for a portion of Lot 6. I told Mr. Anderson if we could be of any assistance to please gat in touch with us but that he should make a decision as to where he wanted his sewer and water services in the near future so that we could inform the contractor. A few days later in mid-April, Mr. Anderson called ms back and indicated that he did not really get along very well with his neighbors and asked if we would talk to Virgil Michaelis about acquiring an additional easement along the east side of Lot 5 and talk to Mr. Kraus about obtaining an easement along the west side of Lot 6. We informed him that we would. I contacted Rick and briefed him about the situations and he and I made a trip out to Could Brothers Chevrolet to talk to Virgil Michaelis. Virgil was quite adamant about not giving any easement along the east side of his property, as it would be through his garden, and he was very protective of his garden. It also appeared that he shared little concern for his neighbor, Mr. Charles Anderson. He did state that there would be no problem with Mr. Anderson installing the sewer and water services down the driveway, that he had legal access there, and as far as Virgil was concerned that's the best place to put the sewer and water. .7. Council Agenda - 14/11/88 Consideration of Request to be in Non -Compliance with City ordinances or Request for Secono Service at no Charge. W.S.i A. REFERENCE AND BACKGROUND: I first met Charles Anderson in the spring of this year. His neighbor to the east, Mr. Eugene Kraus, had indicated that he had seen sewage overflowing on the ground from Mr. Anderson's drain field, and I wished to follow this up and discuss the upcoming utility project with Mr. Anderson. I met Mr. Anderson at his home and asked him if he had been having problems with his septic tank and drain field. He informed me that he did, indeed, have problems with his sewer system and his well was very shallow. I had sent all of the residents along East 39 a map of the proposed improvements and asked them where they wanted their sewer and water services located on the lot. I had also sent all residents a notice of the upcoming April 13 informational meeting at the Junior High School. At the informational meeting, I had an opportunity again to talk to Mr. Anderson. He indicated that his sewer and water service would be best put on the east aide of his house. He did indicate, however, that it appeared that his only access at this time to County Road 39 was down a driveway that he shared with his westerly neighbor, Mr. Virgil Michaelis. Mr. Anderson ams the northerly portion of Lot 5 of Manhattan Lots and is situated on the river. Mr. Michaelis owns the south half of Lot 5 which is buildable, and all of Lot 4 which his home rests on. The first option to serve Mr. Anderson's property with sewer and water was down the already existing easement for the driveway he shared with Virgil Michaelis. A second option may be to obtain an easement down the easterly side of Lot 5 through and adjacent to Virgil Michaelis' garden. A third option might be to obtain an easement from the easterly neighbor, Mr. Eugene Kraus, for a portion of Lot 6. 1 told Mr. Anderson if we could be of any assistance to please get in touch with us but that he should make a decision as to where he wanted his sewer and water services in the near future so that we could inform the contractor. A few days later in mid-April, Mr. Anderson called me back and indicated that he did not really get along very well with his neighbors and asked if we would talk to Virgil Michaelis about acquiring an additional easement along the east side of Lot 5 and talk to Mr. Kraus about obtaining an easement along the west side of Lot 6. We informed him that we would. I contacted Rick and briefed him about the situation; and he and I made a trip out to Gould Brothers Chevrolet to talk to Virgil Michaelis. Virgil was quite adamant about not giving any easement along the east side of his property, as it would be through his garden, and he was very protective of his garden. It also appeared that he shared little concern for his neighbor, Mr. Charles Anderson. He did state that there would be no problem with Mr. Anderson installing the sewer and water services down the driveway, that he had legal access there, and as far as Virgil was concerned that's the best place to put the sewer and water. -7- Council Agenda - 10/11188 Consideration of Request to be in Non -Compliance with City Ordinances or Request for Second Service at no Charge. U.S.) A. REFERENCE AND BACKGROUND: I first met Charles Anderson in the spring of this year. His neighbor to the east, Mr. Eugene Kraus, had indicated that he had seen sewage overflowing on the ground from Mr. Anderson's drain field, and I wished to follow this up and discuss the upcoming utility project with Mr. Anderson. I met Mr. Anderson at his home and asked him if he had been having problems with his septic tank and drain field. He informed me that he did, indeed, have problems with his sewer system and his well was very shallow. I had sent all of the residents along East 39 a map of the proposed improvements and asked them where they wanted their sewer and water services located on the lot. I had also sent all residents a notice of the upcoming April 13 informational meeting at the Junior High School. At the informational meeting, I had an opportunity again to talk to Mr. Anderson. He indicated that his sewer and water service would be best put on the east side of his house. He did indicate, however, that it appeared that his only access at this time to County Road 39 was down a driveway that he shared with his westerly neighbor, Mr. Virgil Michaelis. Mr. Anderson owns the northerly portion of Lot 5 of Manhattan Lots and is situated on the river. Mr. Michaelis owns the south half of Lot 5 which is buildable, and all of Lot 4 which his home rests on. The first option to serve Mr. Anderson's property with sewer and water was down the already existing easement for the driveway he shared with Virgil Michaelis. A second option may be to obtain an easement down the easterly side of Lot 5 through and adjacent to Virgil Michaelis' garden. A third option might be to obtain an easement from the easterly neighbor, Mr. Eugene Kraus, for a portion of Lot 6. I told Mr. Anderson if we could be of any assistance to please get in touch with us but that he should make a decision as to where he wanted his sewer and water services in the near future so that we could inform the contractor. A few days late: in mid-April, Mr. Anderson called me back and indicated that he did not really get along very well with his neighbors and asked if we would talk to Virgil Michaelis about acquiring an additional easement along the east side of Lot 5 and talk to Mr. Kraus about obtaining an easement along the west side of Lot 6. we informed him that we would. I contacted Rick and briefed flim about the situation; and he and I made a trip out to Could Brothers Chevrolet to talk to Virgil Michaelis. Virgil was quite adamant about not giving any easement along the east side of his property, as it would be through his garden, and he was very protective of his garden. It also appeared that he shared little concern for his neighbor, Mr. Charles Anderson. He did state that there would be no problem with Mr. Anderson installing the sewer and water services down the driveway, that he had legal access there, and as far as Virgil was concerned that's the best place to pit the sewer and water. -7- Council Agenda - 10111/88 7. Consideration of Request to be in Non -Compliance with City Ordinances or Request for Secono Service at no Cnarge. (J.S.) A. REFERENCE AND BACKGROUND: I first met Charles Anderson in the spring of this year. His neighbor to the east, Mr. Eugene Kraus, had indicated that he had seen sewage overflowing on the ground from Mr. Anderson's drain field, and I wished to follow this up and discuss the upcoming utility project with Mr. Anderson. I met Mr. Anderson at his home and asked him if he had been having problems with his septic tank and drain field. He informed me that he did, indeed, have problems with his sewer system and his well was very shallow. I had sent all of the residents along East 39 a map of the proposed improvements and asked them where they wanted their sewer and water services located on the lot. I had also sent all residents a notice of the upcoming April 13 informational meeting at the Junior High School. At the informational meeting, I had an opportunity again to talk to Mr. Anderson. He indicated that his sewer and water service would be best put on the east side of his house. He did indicate, however, that it appeared that his only access at this time to County Road 39 was down a driveway that he shared with his westerly neighbor, Mr. Virgil Michaelis. Mr. Anderson owns the northerly portion of Lot 5 of Manhattan Lots and is situated on the river. Mr. Michaelis owns the south half of Lot 5 which is buildable, and all of Lot 4 which his home rests on. The first option to serve Mr. Anderson's property with sewer and water was down the already existing easement for the driveway he shared with Virgil Michaelis. A second option may be to obtain an easement down the easterly side of Lot 5 through and adjacent to Virgil Michaelis' garden. A third option might be to obtain an easement from the easterly neighbor, Mr. Eugene Kraus, fir a portion of Lot 6. I told Mr. Anderson if we could be of any assistance tn please get in touch with us but that he should make a decision as to where ho wanted his sewer and water services in the near future so that we could informs the contractor. A few days later in mid-April, Mr. Anderson called me oack end indicated that he did not really get along very well with his neighbors anC ackd if we would talk to Virgil Michaelis about acquiring an additional ea ,a along the east side of Lot 5 and talk to Mr. Kraus about obtaining an easement along the west side of Lot 6. We informed him that we would. I contacted Rick and briefed him about the situation; and he and i made a trip out to Gould Brothers Chevrolet to talk to Virgil Michaelis. Virgil was quite adamant about not giving any easement along the east side of his property, as it would be through his garden, and he was very protective of his garden. It also appeared that he shared little concern for his neighbor, Mr. Charles Anderson. He did state that there would be no problem with Mr. Anderson installing the sewer and water services down the driveway, that he had legal access there, and as far as Virgil was concerned that's the best place to put the sewer and water. -7- Council Agenda - 10/11/88 During a discussion with Mr. Eugene Kraus concerning the location of his sewer and water services, I asked him if he would consider granting a 15 -foot utility easement to Mr. Anderson along the west side of Lot 6. Mr. Kraus indicated that he felt that his lots being along the river were extremely valuable and that by giving up a 15 -foot easement, it would limit the size of the house that could be placed on the lots. He indicated that he did not favor granting an easement to Mr. Anderson, as it would significantly devalue the lots, which were very valuable. On April 25 we sent all residents along County Road 39 a letter indicating that the project was to start on or about April 27. We asked everyone to consider running the sewer and water into their homes during the construction project to take advantage of the dewatering operations. I spoke to Mr. Anderson about this personally and asked him if he had made a decision ye: as to where he vented his sewer and water services. It did appear that his only possibility at this time was his legal easement down the driveway. During the first week of May, I again had some conversations with Charles Anderson. He requested that we install his sewer and water services on Mr. Kraus's lot and that he would work out getting an easement from Mr. Kraus later. I told Mr. Anderson we would need more than just his verbal authorization to install his sewer and water services on someone elses lot. Since the contractor was at that location on May 2 on the west side of Lot 6, 1 did authorize LaTour Construction to put in the "WYE" connection as Charles Anderson had requested, but I informed Mr. Anderson that I would not put in any additional service pipe or the water service until we had some type of authorization from Mr. Kraus or assurance that this would be paid for. we could not go by Mr. Anderson's only access, his driveway, without putting sewer and water services for him, as this was his only legal access. During my next conversation with Mr. Anderson -to find out if he had gotten an =Lzehaent ;-oc Mr. KrmK;s; ye indicated he was tired'of the whole mess and I should speak to his attorney, Mr. James Metcalf. I then proceeded to call :'oat Hayes, the City Attorney. Tom advised me to install sewer and water services at the driveway for Mr. Charles Anderson (his only legal access to County Road 39) at this time. He advised me not to proceed with any additional work or additional services without authorization from Mr. Gene Kraus. I then decided to follow up a call to Jim Metcalf to get his opinion. I was unable to reach Jim, but I did get a hold of Brad Larson and explained the situation to him. Brad also suggested the driveway as the location for the sewer and water services. He indicated that if Mr. Michaelis said that the sewer and water services would be allowed down the driveway and that was Mr. Anderson's legal access, that was the proper place to put the sewer and water services. We proceeded to install the sewer and water services at the driveway. WE 4- Council Agenda — 10/11/88 I did not hear from Mr. Anderson again until the third week of May. Mr. Anderson stated that he had not been able to work out a deal with Mr. Kraus, but that he still wanted another city sewer and water service for himself installed on Mr. Kraus's Lot 6. I told him the same thing as I had before, that we needed assurances that Mr. Kraus would allow the second set of services and that they would be paid for. I also informed Mr. Anderson that it now would be costly to hook up the sewer and water services at that lot, as the contractor had completed his work in that area; and the dewatering in that particular location had been shut down. Mr. Anderson asked if I would get in touch with the contractor and at least get a price. I discussed the construction or completion of another set of sewer and water services with LaTour Construction, and they gave me a price of $6,500 for completing the second set of services. On May 26 I called Charles Anderson and gave him the price. Again, I told him I would not proceed with any additional work without written authorization from the property owner, Gene Kraus. I also stated that the price of $6,500 would not be valid for long because LaTour would be pulling out of the area completely and would not remobilize at that price. Mr. Anderson stated that he would not be able to give me anything in writing, that he did not have an easement yet, but might be able to work something out "in the future" with Mr. Kraus. Mr. Anderson then asked me a series of questions relating to his need to hook up. He asked me if he had to hook up. I told him that if there was sewage running on the ground and his system had failed, he had to hook up within 30 days after availability. If his sewer system was working properly, he would have three years to hook up. He asked me what would happen if he didn't hook up. I told him that his sewer system would probably be condemned and the City would have to take some action to abate the possible contamination of the ground water from his sewer system. He asked if his house would be condemned. i stated I don't think his house would be condemned, just his sewer system, and that he would be ordered to correct the problem by hooking up and possibly keep pumping his system until he did hook up. I informed him that it would be best to run the sewer and water services in down the driveway and get it over with. A dewatering well was still located near the entrance to the driveway and that could be utilized to dawater a portion of his connection. I told him to call me back if he had anymore questions. Near the end of May, I again received a call from Charles Anderson. He stated that we had put the sewer and water services on the edge of the driveway and that Virgil Michaelis said that we could not go down the edge of the driveway but we had to be "in the driveway.." I discussed this with Hank wander and, indeed, the services were right on the edge of the driveway. But there did not appear to be a problem, as the services could be extended to the driveway with just touching possibly one or two feet onto Virgil Michaelis' portion of Lot 5. Rick and I decided to go out and talk to Virgil Michaelis to see if Virgil had a problem with encroaching one or two feet on the very corner of his lot so we could get back on the driveway when the services were just hooked up. Rick and I went out and visited Virgil out at Gould Brothers Chevrolet; and again, Virgil shared no concern whatsoever fur hio neighbor, Charles Anderson, -9- Council Agenda - 10/11/88 and said under no circumstances would he allow any work to occur outside the driveway on or near any of his property. We told Virgil that it would be very expensive for the City to move the services over a few feet, and we would be willing to buy a one or two foot easement from him so that this could be accomplished with the hook up. Virgil said no, under no circumstances would he do anything for Mr. Charles Anderson. The City was then forced to have Lalbur Construction come back in and move the services over to the center of the driveway where the hook up remains available today. The sanitary sewer lift station was completed on September 15, and sewer service became available to all those residents along County Road 39. Since we knew of two sanitary sewer systems which were having definite problems, we sent 30 -day hook up notices to Mr. Charles Anderson and Mr. Richard vanorny. We sent official notices of the City Ordinances to everyone regarding hook up. As a further enticement to get these people to hook up so that we would have adequate sewage to run the lift station properly and also abate any further ground water problems from contamination, we offered all those residents who would hook up by November 15 free sewer use until July 1, 1989. i then personally phoned everyone who had indicated some past sewer problems on the questionnaire and found every single resident who had had past sewer problems was going to voluntarily hook up prior to the November 15 deadline. After receipt of the 30 -day notice to hook up, Mr. Anderson called Gary Anderson, the Building Inspector, and then called me in regards to the hook up. Be, again, wanted to know if he had to hook up for sure lt Because he had waited so long, he could not take advantage of the dewatering the City was doing, and it would cost him more money. In addition, Virgil Michaelis would not share in the coat or the driveway replacement, so he would have to replace the driveway on his own. I told Mr. Anderson that he, indeed, did have to hook up and that he would be in violation of City Ordinance if he did not. I informed him that after all, the purpose of this entire project was to abate those individual sewer systems and reduce the possibility of ground water contamination. He wanted to know if he could get a variance from that part of the ordinance. i told him that there are no variances for certain ordinances of the City, but that he could speak to the City Attorney, Tom Bayes. Be said he would do that. He also asked if we would again talk to Virgil Michaelis and see if he could obtain more than the driveway width (12 ft)for installing the sewer and water service. We told Mr. Anderson we would. Rick placed a call to Virgil Michaelis and again asked him if Mr. Anderson could have a few feet extra besides the driveway to put in the sewer and water services for Mr. Charles Anderson. Mr. Anderson had informed us that he had a 25 -foot eaaemant. Mr. Michaelis was quite adamant and stated that Mr. Anderson could only have the blacktop area, approximately 12 feet in width, to install the sewer and water earvicesr and that was it, no ifs, ends, or butstli it appears that Mr. Michaelis and Mr. Andurcun do not get along very well. Supposedly, Mr. Anderson has hired Mr. Bolker •10. Council Agenda - 101111$8 as his attorney, and he has had conversations with our attorney, Tom Hayes. The best all around solution is to get this sewer and water service down the driveway and get Mr. Anderson hooked up. Mr. Anderson has requested to be on the agenda Monday night to ask either not to hook up and continue with his troublesome sewer system, or to have the City taut in additional sewer services on the Eugene Kraus propertpV at no charge. As tar as we know at tnis time, Mr. Ancerson stilt Ls no easement down Mr. Kraus's property. S. ALTERNATIVE ACTIONS: 1. The first alternative is to require Mr. Anderson to hook up to city sewer as mandated by City ordinance. If he does not hook up to city sewer, according to the City Attorney, the City may be forced to hook Mr. Anderson up and place the cost against his property. This may be a solution that Mr. Anderson is looking for, as he does claim a financial hardship would be caused by hooking up. 2. The second alternative would be to allow Mr. Anderson's individual sewer system to remain as is with periodic open sewage flowing into the Mississippi River. 3. A third alternative would be to put in additional sewer and water services at the Eugene Kraus property and not charge anyone for the 'r cost, which could be in the area of $6,000 to 58,000. 4. The fourth alternative would be to place additional sewer and water services at the Eugene Kraus property but to assess Mr. Anderson for them and the first set of services after receipt of an easement from Mr. Kraus and petition for same from Mr. Anderson. C. STAPP RECOMMENDATION: It is the recommendation of the Public Works Director that the City opt for Alternative 91 to require Mr. Anderson to hook up down the driveway, or Alternative 14 if Mr. Anderson can produce an easement from Mr. Eugene Kraus and a petition for same. We will be sending a letter to Virgil Michaelis and Mr. Kraus to invite them to Tuesday evening's Council meeting. D. SUPPORTING DATA: Copy of various letters sent to Mr. Anderson and other residents. elm a City o f Monticello MONTICELLO. MN 55362,9245 -none (812) 29S2711 April 11, 1988 Matto ?ai2> 3335739 Residents Along County Road 39 East Monticello, P4I 55362 A,ve Onmsmo tv Cauneie Re: Monticello City Project i88-018 pe�Paan 8" Trunk Watermain, Sanitary Sewer, Sanitary Lift Station, Wdliam Pau and Appurtenant Mork War,an Smnh Dear Resident: wairst Rw:a waihteuer The Cit of Monticello will hold a neighborhood informational meeting I 9 ,DIM Wo,aa: at the Monticello Junior High School Wednesday evening, April 13, at conn simla 7:00 p.m. Tae meeting will be held in the Junior High Auditorium and am -9 a:on,ng: will be a joint meeting with representatives of Wright county. We G8" A.00t°o" hope that you can attend. :onom,e O"woment: ! Once Kowanax The City portion of the project has been awarded to LaTour Construction of Maple Lake. The contractor expects to begin work in the area placing fencing and dewatering equipment during the reek of April 18. He expects to start blacktop removal on or about Monday, April 25, and begin the deep trench sanitary sewer excavation and road closures on or about Wednesday, April 27. The contractor will be allowed to close the road to all but emergency traffic between the hours of 7:00 a.m. and 5:00 p.m. while he is engaged in the deep sewer excavation. It is anticipated that he will not close the road for the majority of the other work. The contractor's preliminary schedule indicates that he will complete the deep sanitary sewer work along County Road 39 East on or about May 20. He has until June 24 to complete the majority of the pipe work on the project. We would like to have your assistance in locating where you would prefer to have your sewer and water services on your lot. I am enclosing a copy of a map of your lot showing a preliminary location for the sewer and water. The sewer service is shown in red and the water service in blue. Please mark these up in any way you see fit and return them either at the informational meeting or by mailing to City Hall. In addition, we would like to obtain some information in regard to your existing well. The contractor will be responsible for providing water to all residences. If necessary, this would include temporary city water and bottled drinking water. The contractor feels at this time he may be able to control his dewatering in such a fashion as to limit the effect on any nearby wells, We would wish to obtain information from you about your well as to depth and type of pump. If you cannot attend the informational meeting, please contact City Hall at 295.2711 and give your name, lot, and well description if known. :so east aroaa.ev ,wmttao, m—som 55392.9245 (1 \ Residents Along E. County Road 39 April 11, 1988 Page 2 During those times which you do not have access to your hone between the hours of 7:00 a.m, and 5:00 p.m., a parking lot will be provided on the west end of the project near Mississippi Drive. If you have any questions, or if we may be of any additional assistance, please contact us. Respectfully, john E. Simola Public works Director JES/kd Enclosures cc: Muck Lepak, Project Engineer Rick wolfsteller, City Administrator JS Improvement Project File I. 2. 6-11 6®i -'j!T -- . Nl i I - w . au - To 44d FrEco E 5 It IMI AN HAT TON E J>J�CONSTRUCT SILT cr cj\BARMER co !! !!1l11lyt1!!1!illililllttl� 18+00 %I -SAVE 1111 1 l 111111 ! ! 11 `SS / P.P. 100s.0, T r2 100. )AT 3" D.I. P.✓ 2 C. S. A. H. MONTICELLO. MN 5562.9245 'none (6121 195.2711 April 20, 1988 uerto 18111 3355779 - 1 ' , Residents Along County Road 39 East Moi Monticello, Minnesota 55362 ♦rve Canm�nM Ycounn,: Re: Monticello City Project 88-OLB ;ren Ps' Temporary Water Supply for those Individuals with W.nfiam Fwr Shallow Wells 'Warren 5meh Dear Resident: amxwcl ttneue. it appears that many residents along County Road 39 East have shallow DOC works: wells. With the installation of the deep sanitary sewer and lonn$!more underdrain system, the contractor will be dewatering the area as he inning Azonmg: moves along with the construction. 'It is very possible that some of 3arynnaeraon the shallow wells will dry up during this period of time. If the onomrc Oweroomenr, anis Korommae wells dry up unnoticed to the resident, it is possible that pump damage may result. The City of Monticello has, therefore, made arrangements through the contract to build a temporary water supply system from the hydrant at Mississippi Drive. 50 east ero.m.er omxeeo, taemnesoa $5362.9:45 This temporary water system will consist of a 3 -inch plastic watermain laid above the ground near the property line. At driveway crossings it will be buried. Prom this 3 -inch watermain, 1 -inch plastic or garden type hoses will be constructed to each home. A connection will be made at a water spigot on the outside of your home, and the power to your well turned off, as well as the valve at the pressure tank closed. Since the City water is chlorinated, this should be a safe water supply., We are, however, offering anyone who wishes it, a water dispenser and a supply of $-gallon water bottles. if you feel your well is of suf{icient depth that it may not dry up (the City may dewater to a depth of 38 feet in some areas), you may elect not to hook up to the temporary water supply. If you choose not to hook up, however, the Cit} or contractor cannot be responsible for pump failure should it ocatr due to lack of water in the well. There is a signature block at the bottom of this letter for you to sign if you wish to hook up. A self-addressed, stamped envelope is included for your convenience. No response from you by April 25 will be considered negative that you do not wish to hook up. It is expected that after the dewatering operations are completed in late May or early June, that the water table will return to near normal level. An exception to this may be in the area of the underdrain system on the eastern end of th. project. We would expect the water system to be ready for individual hook ups by mid-Tuno, and the sewer system for hook ups by mid-June, but uoago after mid to late August. Residents Along East County Road 39 April 20, 1988 Page 2 If you have any questions, or if we may be of any additional assistance, please feel free to contact us. Respectfully,, John E. Simola Public Works Director JESAd — cc: Bank Wander Chuck Lepak_ is Improvement project Pile In Signature or Resident -' City o f Monticello MONTICELLO. MN S5362-9245 -man* (6121295-2711 April 25, 1988 Ae1@ (672) 333.57" Residents Along County Road 39 East Monticello, MN 55362 $Vcr. Akmo Gnmemo Re: Monticello City Project 88-018 Y Coon: Hook up of individual sanitary sewer and water services ,an sionigen to the new utility system :,an fair ,v.14am Pa" ,.,,on Smell, Dear Resident: This letter is being drafted to clarify questions you may have in M-Wator. regard to hookup to city sewer and water. Our previous lick wonerono` correspondence with you and information presented at the one wont informational meeting at the high school indicated there would be term orbs 4 9 inning a zoning: savings to you if you were able to hook up to city sewer and water iary Anaa@an services at the time the major contractor, La -our Construction, was ,noetic Damiopmonc dewatering. It may still be possible for you to realize a savings by 3nie Konoocnak coordinating your service installation with that of the general contractor. It has, however, become somewhat complicated. The sanitary sewer construction will begin on or about April 27 and continue until complete sometime in mid to late May. This will include all of the large diameter sanitary sewer and the sewer `— services to the property line. It will not, however, include the lift station which will not be complete until late August or on the outside, mid-September. As the contractor moves along with the installation of the deep sewer, he will only dewater that section of sewer under construction; and the overall effect of his dewatering may be "confined to a very limited area." In order for you to take advantage or we general contractor's dewatering, you would have to coordinate your contractor to be on site working just after the general contractor has completed your service to the property line. At that time, the City can place a temporary plug in the clean out provided at the property line, and your contractor may complete the sanitary sewer service up to your home but not make an official connection in the home until the lift station is complete. In some areas while making the sewer connection at the property line, your contractor may be hampered by the dewatering equipment placed in the temporary easement within your property. Although we would expect LaTour Construction to cooperate with any contractor installing a sewer service, it is reasonable to assume that LaTour could not tolerate any significant delays in the progress of his work. In addition, you and your contractor would be responsible for any damage done to the dewatering equipment during sucb a hook up. The water service installation is expected to be cc�leted between Juno 20 and June 24. At that time, the line will have been pressure - tested, bacteriologically tested, and will be ready for hook up with 50 E121 srow..or individual services. ,nncoko, 2g2+S M..Qsou 5 S3a -7o East County Road 39 Residents April 25, 1988 Page 2 in summary, there still is a general consensus that one could save some hook up costs by coordinating your work with the general contractor. But in some cases, it is not without the trade-off of working in and about the dewatering equipment. Whatever sc-nerio you choose, should it be hooking up during construction or after construction, please be advised to get a full understanding of what work your contractor will do for you, what the risks are, and what tae costs are. Construction techniques and costs can vary from contractor to contractor. The City's responsibility for sewer services ends at your property line; and once that portion between your property line and the City's mains has been installed for one year, it also becomes your responsibility for maintenance and repair for the future. We will try to keep each property owner updated as to how the job is progressing. Mr. Hank Wander is the City's representative at the site, and you may confer with him as to the job's progress. one other item property owners in and about lift stations may consider is the installation of a back water valve in the basement of the home. These back water valves, if located properly within the home, are relatively simple to maintain and provide a good insurance against accidental backup of the sewer. These combination plastic and neoprene valves generally cost in the area of $35 to SAO, (excluding installation), and are well worth the money in the long run. if you have any questions or if we may be of any additional assistance, please contact us. Re ectfully, ohn E. Simola Public Works Director JESlkd cc: improvement Project 88-1 Pile is Pyle Excavating Moores Construction Brenteson Construction Schluender Construction LaTour Construction, Attn: Ted LeTour Chuck Lepak, OSI! Hank Wander, 0--i _ Icy City o1 Mntic.& MONTICELLO. MN 55362-9245 Ph9ne (612) 2952711 September 20, 1988 Metro (612) 1115739 Ro-batt Rrautbauer 500 R view Drive Monticello, Md 55362 l' Mayor: Arve Gnmsmo Cdy COUMCLl: RE: Hook-Up to Completed Municipal Sewer and Water Services Can elonigen Project 88-019 Along County Road 39 East. Fran Fair Wllllarn Fair warren Smitn Dear Mr. [(Mtbauer: The sanitary sewer lift station along County Road 39 became Administrator: operational on Thursday, September 15, . 1988. The municipal sanitary Rlcii walateller sewer system as well as the municipal water system are ready for Assistant Administrator) hook-up to those properties served. Many residents have already Plann.nq a zoning: choosen to hook-up to city water and have done so. For those Jen O'Neill residents who have properly located and constructed wells with water PuOtn: worts: Joon simola quality meeting State of Minnesota Health Department safe drinking Suaainq official: water standards, there is no r equ>.remene to hook-up to city water. Gary Anaerson Many residents who do hook-up choose to retain their old shallow Econo—c De•etoorttent: wells for lawn watering and gardening. "hs Koropanas For municipal sewer service however, it is mandatory that you hook-up to the city sewer system. The main purpose of this project after all was to eliminate the individual disposal systems which ultimately contaminate our ground water and drinking water. City Ordinance Chapter 7, Section 2-3-B, requires that you hook-up to city sewer after it becomes available. For those individuals who have had past or current problems causing the systems to function improperly, you have 30 days in which to make a connection. If your system is properly constructed according to city guidelines and continues to operate properly, you have a period of three years from the date of first availability to hook-up to a municipal sewer. It is unlawful to repair or pump the private system after such time that the public sewer system is accessible for the premises without permission of the water and sewer department of the city. ^here are according to our initial research and investigations, several failed or malfunctioning individual sewer systems along East County Road 39. We will be asking these residents to hook-up immediately. If you have any questions concerning the fitness of your sewer system, you may contact Mr. Gary Anderson, the City's Building Official at City Hall, at 295-2711. Mr. Anderson, along with representatives of the Pollution Control Agency and Wright County Health Department will investigate the existing individual systems if required. 250 East 0, o.., ManlK Olio, M�nnlsOle l5Ja 2.62x5 �, Residents of East County Road 39 PAGE 2 In an effort to abate potential ground water and drinking water pollution as soon as possible, and the need to obtain a sufficient amount of sewage for the efficent operation of the new lift station, the city offers to any resident served by the new lift station who hooks up to the municipal city sewer prior to November 15, 1988, free sewer usage until July 1, 1989. That means your first municipal quarterly sewer bill will not come until the end of October 1989. we ask that you take advantage of this free offer and make arrangements to hook-up as soon as possible. we wish to thank all of the residents along County Road 39 for their cooperation during our municipal improvement project. If you have any questions or if we may be of any further assistance, please contact us. Respectfully, John Simola, Public Works Director C: Rick wolfsteller, City Administrator Matt Theisen, Water/Waste Water Collection Superintendent Lynnea Gillam, Utility Billing Department Tom Hayes, City Attorney Chuck Davis, Wright County Health office J LZ CI AFPIDAVIT SHOWING MAILING OP NOTICE UTILITY IXPRCV01M1TS - EAST COUNTY ROAD 39 Rick Wolfsteller, being first duly swiorn, deposes *nd says: on September 20, 1988, acting an.behalf of that said City, I deposited in the United States Post Office at Monticello, Minnesota, copies of the attached letter, enclosed in sealed envelopes, with the postage thereon fully prepaid addressed to the following persons: ALL OF THE FOLLOWING ADDRESSES ARE LOCATED IN MONTICELLO, MN 55362 Robert Krautbauer (.Charles Anderson �uglas Stokes 500 Riverview Drive P.O. Sox 1082 301 Riverview Drive Allen Ward -Daryl Burnham ivirgil Michaelis 305 Riverview Drive 309 Riverview Drive 313 Riverview Drive P.O. Box 395 Eugene Kraus ✓ Elwood Saaland L --Francis E. Lemke 329 Riverview Drive 337 Riverview Drive 341 Riverview Drive P.O. Box 663 VRaymond Erickson Thomas Johnson .1iJoseph Kocon 401 Riverview Drive 405 Riverview Drive 409 Riverview Drive —Richard vancrny Kathryn Middagh w/Barry Pitch 404 Riverview Drive 408 Riverview Drive -.416 Riverview Drive VPatrick Blonigen ✓Gary Boat VJohn Peterson 420 Riverview Drive 424 Riverview Drive SIO Riverview Drive There is a delivery service by the United States mail between the place of mailing and the places so addressed. Subscribed and sworn to before me this 20th day of September, 1988. Notary City Aaminastrato: E __ - ..�-�: City o1 M. &C"A. '� = _ September 20, 1968 MONTICELLO, MN 55362.9245 Charles Anderson Cno), none (512( 295-2711 F.O. Box 1062 aetro �t Z) 73397'9 Monticello, MN 55362 RV: Hook-up to Municipal Sewer Service we Csnmamo Dear Mr. Anderson: Y COurc:t San atomgen The municipal sanitary sewer system is now complete and serves your Fair property known as northerly portion of Lot 5 Manhattan Lots. The van v "rase- Smnn City has determined that your private sewer system does not meet the standards as outlined in Title 12, Sanitary Sewer Disposal of the Monticello Municipal Ordinance, is and or has been operating mnt3strator. improperly and is a source of contamination to regional groundwAT-z(_ tics woristeder resources. srstant •Cm,nratraton inning aZoning: Monticello City Ordinance, Title 7-2-3-8, requires that you hook-up Jeff O'Neill to the municipal sewer system within 30 days. You have 30 days after oec works: receipt of this notice to comply with City Ordinances. Failure to loon 5imae comply will result in further action by the City of monticallo, .doing ot6cram: Minnesota Pollution Control AgeneJ, and the County Health Of-ice. iary Artcerson 'Gnomic Deveuooment 7ms r(oroocnaa Since your sanity sewer service is located within a driveway u yo sanitary Y '� share with Mr. Virgil Michaelis, the City has asked the County to delay restoration of the driveway until such time that you have completed your hook-up, thus you will avoid the cost of replacing that portion of the driveways If you have any questions or if we may be of any assistance concerning this matter, please contact us immediately. Respectfully, Cary Anderson, Building Official GAtvb C: Rick Wolfsteller, City Administrator Tom Bayes, City Attorney Dick Clack, Minnesota Pollution Control Agency, Div. of water Quality Chuck Davis, Wright County Health Officer t !O east eroutasv in nG��1e. Ntnneaeta ss7e;•v:,9 —7. 0 City o f �onEicet�o COPY �tw MONTICFl40, MN 553629245 Ina (e12) 295-i711 September 20, 1988 Jauo (612) 333 -SM Virgil Michaelis 313 Riverview Drive 4" Gnmsmo P.O. BOR 395 MOntieellO, MN 55362 VCWncl: 'an etontgen zran Fan RE: Driveway Restoration/Book-up to Municipal Services for Charles rvaaam Fair Anderson Residence, warren Smith Dear Mr. Michaelis: -In:Ucx woliv ikk waruana neighbor, Mr. Charles Anderson has been notified that he has 30 your net , aslant Aammtstrator7 days in which to hook his residence to municipal sewer service. The etmnga zoning: City of Monticello has determined that his private sewer system has 3Oa o'rrms been and or is not functioning properly and represents a source of see works: potential contamination of the ground water. ,ono Smola ,m+ng Official: City Staff has learned from you and Mr. Anderson, that the only 3W Anderson pathway open for Mr. Anderson's connections to municipal sewer OffidK Owewamern: �tua ttaraacnea services is the driveway easement. The Cit of Monticello has Y Y therefore asked Wright County to delay restoration of the initial portion of your driveway until such time that Mr. Anderson hooks up to City sewer. It does not seem prudent to burden Mr. Anderson with the cost of replacement of the initial portion of the driveway during his hook-up. If you have any questions or if'we may be of any additional assistance, please contact us. Respectfully, Gary Anderson, Building Official GA/vb C: Rick WOlfsteller, City Administrator John Simla, public Works Director Tom Bayes, City Attorney r Dave Montibello, Wright county Highway Eng. so east emaa-er VfnaaiM, Mn`0.0ts 55382.9266 s Council Agenda - 10/11/88 Public Hearing on the Proposed Budget for 1989. AND 9. Consideration of Adopting the 1989 Budget and Certifying the Tax Levy. (R.W.) A. REFERENCE AND BAC(CROOND: It is required that the City Council hold a public hearing prior to the adoption of the annual budget and certifying the annual tax levy. Normally, no one has ever appeared at the budget hearing to make comments, but this option is available since the notice was published. At this time, I know of no one who has requested a copy for inspection; and if there is no one present at the public hearing, the hearing can be officially closed. At the preliminary budget meeting, a number of proposed budget cuts pertaining to the HRA levy and capital expenditures were recommended. I have incorporated these changes into the preliminary budget figures; and the resulting tax levy required per our budget meeting would be $2,198,008. As I noted in the budget memo, the Council may want to consider an additional tax levy to provide a surplus for future needs and to also .—meet the leer limitation set by the State. If it is determined that there will not be any further alterations or amendments to the budget from that proposed, the budget could still be adopted at this meeting and the resolution certifying the tax levy could be adooted. IL Although I had scheduled a final budget document to be presented at the October 24 Council meeting, if there are not to be any changes to the preliminary budget, the Council would not have to review the budget again on October 24. L B. ALTERNATIVE ACTIONS: 1. If the Council is comfortable with the budget as amended during the budget session and as proposed tonight, the resolution certifying the tax levy could be adopted if desired. 2. The Council could alter the tax levy by any amount up to the maximum allowed under the levy limitation and still adopt the budget and tax levy tonight. 3. Changes could to recommended in the budget document for consideration at the next Council meeting. C. STAFF RECOMMENDATION: Based on my previous budget memo, the staff is comfortable with the tax levy of $2,198,008 as proposed; but we are uncertain over what effect this lower levy might have in future years. If the Council did decide to levy to the maximum allowed to protect its future taxing authority, surplus revenue generated this year could be used to reduce future tax -12- Council Agenda - 10/11/88 levies if and when the levy limitations were ever eliminated by the State. The possibility always exists that the legislature may eliminate levy limitations in the future which would allow the City to then feel more comfortable with lowering its tax levy in one year because of the surplus that might be created this year. D. SUPPORTING DATA: Copy of the resolution adopting the 1989 budget and certifying the tax levy; 1989 budget and amended sheets previously delivered. IR -13- Council Agenda - 10/11/88 SUPPLEMEr:AL INFORMATION FOR AGENDA 8A. Consideration of Approving Transfers to Debt Service Funds. A. REFERENCE AND BACKGROUND: With the recommended budget cuts being considered for next years tax levy which would reduce our proposed levy to $2,198,008 I previously noted in a memo to all Council Members the concerns I had over our levy"proposed for general operations not meeting the maximum allowable by the state. Since the agenda item was prepared on adoption of the 1989 Budget, I have had conversations with Jerry Shannon of Springsted Inc., the City's bond consultant on the appropriate method for protecting our future right to a higher levy limitation amount but still trying to reduce the levy for this year. Mr. Shannon noted that once bonds are sold, the City is obligated to certify as a taxable levy each year the amount necessary according to the bond documents to retire the debt. According to our present schedules, $1,067,098 would be the amount necessary for 1989. Mr. Shannon noted the exception to this rule is if a debt service account has sufficient surplus revenue before a levy is certified for the next year, the city would not have to levy taxes for this debt service account. The best method to accomplish this surplus revenue is to transfer from the capital improvement revolving fund or/and the Liquor Store surplus account sufficient revenues to have this surplus in the debt service account thereby allowing the city to levy the additional funds for general operations. The net result would be that the total tax levy proposed would not change but we would be lowering the debt service levy from $1,067,098 by 1� $286,582 and levying an additional amount equal to this in the capital ^1c� revolving improvement funds to repay this fund for Liquor Store money. The result of this would be to protect the City's ability to a higher maximum levy in the future if it was ever needed. i j� B. ALTERNATIVE ACTIONS: �\ 1. If the Council is comfortable with the budget as amended (tax levy of $2,198,008) and the Council plans on adopting the resolution certifying the tax levy at this meeting, Council must approve the transfer from the capital outlay fund and Liquor Storeunin the amount of $286,582 to debt service accounts as recommended under option 2. 2. If the Council does not approve the transfer, and the total budget is still adopted at $2,198,008, the possibility exists that our maximum levy limitation will be reduced in the future. C. STAFF RECOMMENDATION: After consulting with the Department of Revenue and Jerry Shannon of Springsted, Inc., it is my opinion that the best protection for the City is to transfer surplus funds from the Liquor Store and Capital Outlay fund prior to adoption of the budget as proposed and the result would be a lower debt service levy :or 1989, but a higher Capital Outlay levy. Tis will give us the best of + both worlds and allow us to retain our higher levy maximum in the future. RECOMMEND TRANSFER PRIOR TO 1989 BUDGET ADOPTION Purpose: FROM To Debt Service Requirement Capital Outlay 1977 G.O. 1989 Revolving Bond Debt Service Requirement Liquor Fund 1977 G.O. 1989 a 1975 G.O. Bond C, AMOUNT $144,582 $142,000 SUMMARY TAX E09ES TO RETIRE BONDED INDEBTEDNESS (All bonds including water tower issue) Year of Levy Collection Amount 1989 1990 $1,059,874 1990 1991 $1,048,616 1991 1992 $ 986,563 1992 1993 $ 700,233 1993 1994 $ 701,624 1994 1995 $ 608,901 1995 1996 $ 580,564 1996 1997 $ 441,626 1997 1999 $ 449,039 1998 1999 $ 440,297 1999 2000 $ 438,401 2000 2001 $ 445,199 2001 2002 $ 272,625 2002 2003 $ 276,570 RESOLUTION 88 - RESOLUTION ADOPTING 1989 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. 1989, and; WHEREAS, the City Council has reviewed the sane, and has made such changes therein as appeared 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, 1989, 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 on January 1, 1989, and the following sums for the respective purposes indicated therein, upon the taxable property of the City of Monticello, to wit: REVENUE General $1,019,800 Library $ 25,025 OAA S 28,100 ,l HRA $ 16,760 DES' RETIREMENT Debt Service Fund $1,067,098 CAPITAL IMPR0VEMENTS Capital Improvemant Revolving S 41,225 'TOTAL TAX LEVY $2,198,008 The above resolution was introduced by Councilmember I was duly seconded by Councilmamber , witn the toisowing voting in favor thereof: Resolution 88 - pace 2 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. Dated: October, 1988 C17Y OF MONTICELLO Mayor ATTEST: City Administrator RESOLu::ON 88 - RESOLUTION ADOPTING 1989 BUDGET ACID 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, 1989, and; WHEREAS, the City Council has reviewed the same, and has made such changes therein as appeared 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, 1989, 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 on January 1, 1989, and the following sums for the respective purposes indicated therein, upon the taxable property of the City of Monticello, to wit: REVE!= General $1,019,800 Library $ 25,025 OAA $ 28,100 SRA $ 16,780 DEBT RETIREMENT Debt Service Fund S 780,516 CAPITAL IMPROVEMENTS Capital Improvement Revolving $ 327,807 TOTAL TAX LEVY $2.1981008 The above resolution was introduced by Councilmember , was duly seconded by Councilmember , witn trio tolicwing voting in favor thereof: OPTION 4z '- kc4crn,-mu n.aE} 1 Resolution 88 - Page 2 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. Dated: October, 1988 CIT`_` OF MOtF:'_CELLO Mayor ATTEST: City Administrator w RESOLUTION 88 - RESOLUTION ADOPTING 1989 BUDGET AND SETTING THE TAX L., -VY 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, 1989, and; WHEREAS, the City Council has reviewed the same, and has made such changes therein as appeared to be in the best interest of the City of Monticello; NOW, THEREFORE, BE IT RESOLVED BY THE =.CIL 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, 1989, 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 on January 1, 1989, and the following sums for the respective purposes indicated therein, upon the taxable property of the City of Monticello, to wit: REVENUE General 5110191800 Library S 25,025 OAA $ 28,100 HRA S 16,760 DEBT RETIREMENT Debt Service Fund $1,067,098 CAPI^_AL IMPROVEMENTS Capital improvement Revolving S 327,807 TOTAL TAX LEVY $2,484,590 The above resolution was introduced by Councilmember I was duly seconded by Councilmember witn the rollow :ng voting in favor thereof: 1, pp -r -i om) - 3 E Resolution 88 - Page 2 .he 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. Dated: October, 1988 C!T- OF MONTIICEUO Mayor A=EST: city Acministrator IF Council Agenda - 10/11/88 10. Consideration of Appeal on Variance Request to Allow 1) a Garage to be Constructed Within the Front Yard Setback Requirement; 2) a Garage to be Built with a Siding in Excess of the 12 -inch Siding Width Allowed. Applicant, Viva Jean Abrahamson. (G.A.) A. REFERENCE AND BACKGROUND: Mrs. Abrahamson is proposing to build a detached, two -car garage within the front yard setback requirement. Mrs. Abrahamson would like to bring it as close to the front yard property line as possible. The existing street, Linn Street, which runs in front of her place, is a 28 -foot wide blacktop surface. We have an 80 -foot street right-of-way with Linn Street, which means we have 26 feet of boulevard or green area behind the curb. With the placement of the garage on the lot, any maneuvering in and out of the garage will be done on her own property and not on city boulevard or the traveled portion of Linn Street. Mrs. Abrahamson has withdrawn her request for a metal siding width that you see on pole type buildings in excess of the 12 -inch aiding width allowed by ordinance. -" The planning Commission denied her request because of the failure of the applicant to demonstrate the hardship for her request in not cutting down a couple of trees and placing it closer to the existing house. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a garage to be constructed within the front yard setback requirement. 2. Deny the variance request to allow a garage to be constructed within the front yard setback requirement. C. STAFF RECOMMENDATION: In looking at the location of the proposed garage, adequate ingress and egress out of the garage would be done on private property and not on public right-of-way and/or public hard surfaced street. With the house constructed on it, this is probably the best location for a garage to be built. D. SUPPOR^INC DATA: Copy of the location of the proposed variance request) Copy of the site plan for the location of this proposed garage; Copy of the ordinance sections. -14- �. '.�/� ry\',••• `_ J Variance request to el'_ov 1) a garage to be constructed within the front yard setback requirement; and 2) a garage to be built • .If ,.A%. : � _ — � R `� with a siding width in excess of the 12 -inch ind width allowed. _ an Abrahamson. /' • .``�/mat' ./ "V �9�/�'�i-��/, /� ,•� •�� Ai C rel ,Vi7 SJ/ ��, )L,. r/ • ^+�/ J ✓rj. NWAy A Na 166 .v..... • \ ; �", nq••e 1 • � f 1 t--°/L.�./� I�� �% �, t .' . �`'.1 . 7 I • tam I C. i i • � A) IN STREE T 1. Clothes line pole and wire. 2. Recreational equipmant and vehicles. 3. Cmnstraction and landscaping matarial c.:rrently being used on the premises. 6. Off-street parking of passengar vehicles and t:sc'.xa not exceeding a gross capaci:t of nine thousand (9,000) pounds in residantial areas. 5. prtpane tanks. fuel oil tanks, and other similar raeidantial heating fuel stzrage tanks which do not a teed 1,000 gallons is capacity and shall not be located within five (5) fast of any proper:/ lice. 6. Wood piles in which wood is stored for fuel provided that not mora t`.an 10 cords shall be stored on any property. A cord Shall be a' x O' x S'. All wood piles shall be five (5) feet or more from COAX and side yard proper:/ lines and shall be storad behind tie appropriate sat back line in front yards. 7. Soler heating systems - 3 -3: YAP RSy�UZ1{.1'}L*N:s: CA) PUMS8: :his section ide:ttifiae ainieua Yard spaces and•areas to be provided for in each toning district. (3) No lot, yard or other open spats shall be reduced in area or dimension so as to make such lot, yard or opaa space lass than the minimum required by this Ord.'nancs, and if the misting yard or other open space as existing is less than the minimum required it shall not be further reduced. lb required open spats pXavided around any building or stricture shall be includsd as a Dart of any open space requix3d for another st--utters. (Cj All setback distances, as listed in the table below, shall be measured from the appropriate lot line, and shall be required minimum distances. Front Yard Side yard Rear Yard A-0 so 30 s0 Iii 1,I . in) R-2 30 10 50 9-3 30 20 30 + R-3 30 30 30 p: -R Soo Chapter 10 for specific raguistions. FZ-x Sao Chapter 10 for specific regulations. $-1 30 1s 20 3-2 20 10 20 Council Agenda - 10/11/88 SUPPLEMENTAL INFORMATION FOR AGENDA 10A. Consideration of Appeal on Variance Request to Allow 1) a Garage to be Constructed within the Front Yard Setpack Requirement; 2) a Garage to be Build with a Siding in Excess of the 12 -inch Siding Widtn Allowed. Applicant, Viva Jean Abrahamson. A. REFERENCE AND BACKGROUND: The following is information that is supplemental to that which was presented to you by Gary Anderson. The purpose of this supplement is to update you on a modified staff recommendation on this matter and also to provide you with additional perspective on the matter. B. PLAN11ING COMMISSION RECOMMENDATION/STAFF RECOMMENDATION: City Staff concurs with Planning Commission recommendation to deny this request for a variance of 29 feet. Following are the findings of the Planning Commission and reasons for denial. 1. In this case, the applicant failed to demonstrate that a variance is justified because of a unique hardship (trees) associated with her property. The presence of the trees, though unfortunate, does not constitute a hardship. Quite often, trees must be removed prior to development of a new home or prior to construction of an addition in order for the home/addition to meet minimum yard requirements. Therefore, this situation is not unique and a variance is not justifiable. 2. Another reason why the Planning Commission is opposed to granting this variance is because doing so will set a precedent that may reduce the ability of the City to enforce regulations pertaining to yard set -backs. In other words, where will the City draw the line if the presence of trees becomes justifiable grounds demonstrating hardship? Approval of this variance threatens to open "Pandora's Box" in terms of the precedent that would be set by approving this request. 3. Finally, the presence of a structure as proposed may have a negative effect on the value of the adjoining property. C. OTHER CONSIDERATIONS: The fact that vehicle maneuvering associated with exiting and entering 0e garage is possible on private property only is a secondary issue and sho,;ld not be a determining factor in whether or not to approve the variance. The next door neighbor has noted that he does not approve of the varianca request because the presence of the structure will interupt the sight line from his property. D. ALTERNATIVE ACTIONS: Remain the carie as stated in original information delivered to Council. E. STAFF RECOMMENDATION: Staff concurs with Planning Commission recommended denial of the request for a 29' variance. Council Agenda - 10/11/88 11. Consideration of Conditional Use Request to Allow Minor Auto Repair in a B-3 (Highway Business) Zone. Applicant, Dale Poganski. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Poganski is proposing to construct a pole type building next to and immediately north of the existing General Rental business. Mr. Poganski's business is the automotive business specializing in small work repair items. Mr. Poganski's building will be colored metal inside and out with the exception of the front portion of the building which fronts Highway 25 which will be dressed up in a different variety to break up all the colored metal portions of the building. in the site plan as submitted, the building located on this lot would meet the minimum building setback requirements and will also meet or exceed all of the minimum off-street parking spaces as required with a total number of 11 parking spaces. B. ALTERNATIVE ACTIONS: 1. Approve the conditional use request to allow minor auto repair in a B-3 (highway business) zone. 2. Deny the conditional use request to allow minor auto repair in a B-3 (highwy business) zone. 3. Approve the conditional use request to allow minor auto repair in a B-3 (highway business) zone with the following conditions: a. Both front and rear to have a different type of siding than the rest of the building. b. Site plan review by Planning Commission prior to building permit application. C. STAFF RECOMMENDATION: The site pian as submitted by the applicant, Mr. Dale Poganski, does meet or exceed the minimum lot square footage, building setback, and minimum parking space requirements by ordinance. D. SUPPORTING DATA: Copy of the location of the proposed conditional use request; Copy of the site plan for the conditional use, Copy of Ordinance sections. -15- it :` �' ,,��;•,_.:.r„, „- � ,: Iry RAI Al dl i/elg�,. / •, �;= � \��• /.f• //0. r � ,fir/,,,/�../Y,./ ��_y�`l `t.: :7r h/Ckk4Y A con tionai use za s r£�d al�ov� �' / / ' ••�n ;: ' i•'�' .�: /,/'��� �f s minor auto rapair in a w g 1p icypts� aoOt • 1 Dale Pogan"s t 1 I�I •;/ / i.I•�4'� I• , r -�Il�j ��, y�I • 1 . �.1 . '��-1�•-•.i• '�'ij ruoi :V.,ti: � ,,,.,.—: •.. �;. a .. �iy �• „ 1 • �- J �. 1351 �D ROAD S. All lighting shall be hooded and so directed that the light soures is not visible from the public right-of-vay or from an abutting residence and shall be in compliance with Chapter 3. Section 2 (81 of this Ordinance. 9. Vehicular access points shall be limited. shall create a mL'Ai== of conflict with through traffic movement and shall be subject to the approval of the Cir/ Engineer. 10. All signing and informational or visual cc;^'unication devices shall be is compliance with Chapter 3, Section 9 of this Ordinance. 11. provisions are made to control and reduce roles. 12. The provisions of Chapter 22 of this Ordinance are considered and satisfactorily mat. (c1 MOTOR FUE; STATION, MOTOR FUEI. S:A_ION/COWE;12°' ICr STORE.�AUTO RE?AIR-!MINOR` AND TT -AZ AND BATT=Y ' STORES AND SEVIC= ?ROwIDEZ THAT:' 1. Regardless of whether the dispensing, sale or offarinq for sale of motor fuels and/or oil i%cidental to the conduct of the use or business, the standards and requirements Imposed by this ordinance for Motor Fuel Stati0RS shall apply. These standards and requirements are, however, in addition to oL'1er requirements which ars imposed for other uses of the property. 2. The architect -,sial appearance and functional plan of the building and sits shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. Ths entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the city Engineer. 6. A minimum lot area of tvan r/-twa thousand five hundred (22,500) square feet and minims - lot dimensions of one hundred fifty (1301 feet by one hundred thirty (130) fast. S. A drainage system subject to the approval of the City Engineer shall be Lzstailed. 6. A curb not less than six (6) inches above grade shall separate the public sidevaL'c from motor vehicle service areas. 7. The lighting shall be ac==mpl shed in such a way as to have no direct sou:=e of light visible from adjacent land in rasidentia'_ use or from the public right-of-way and shall be in compliance with Chapter 3, Sac ---on 2 (s) of this Ordinance. S. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not Less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, section 7 (G) of this Ordinance. 10. Each light standard landscaped. 11. Park—'%g or car magazine storage space shall be screened from view of abut-.-zq residential districts in compliance w1t.1 Chapter 3, _ Section 2 (GI of this OrdLzance. 12. Vehicular access points shall create a m.Lns-+,^ of conflict with through traffic movement, shall comply with Chapter 3, Section 5 of this Ordinance and shall be subject to the approval of the City Engineer. 13. All signing end informational or visual communication devices ■hall be minimized and shall be in compliance with Chapter 3, Section 9 of this Ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4 of this Ordinance. 16. Sale of pr=ducts other than those specifically mentioned in Chapter 13, Section 4 be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 (Q) of this Ordinance. 0 17. A11 conditions part3lziag to a specific site are subject to change when the Council upon investigation in relation to a for -_al request, finds that the gameral walfaro and public bette-=ant can be served as well or better by codifying notconditions. IS. The provisions of Chapter 22 of this Ordinance are considered and satisfactorily mat. (01 ltew and Used Autmmobila/Light Tr -=k Sales and Display provided that: 1. The enclosed principle use (sales and display office) is A min=s= of 4,:00 square feet, excluding the area used for machanic31 repair and raconditioning. 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R^ Dist:ict in compliance with Chapter 3, Section 2 (G).of this ordinance. 3. All lighting shall be hooded and to directed i that the light source shall not be visible from the public right-of-way or fr:m neighboring residences, and shall be in compliance / with Chapter 3, Sacticn 2 (S1 of this Ordinance. 4. The outside sales and display area shall be hard surfaced. S. The outside sales and display area does not utilize par!ti_zg spaces which are required for confor=aacs with this Ordinance. 6. Vehicular access points shall create a minimus of conflict with through traffic sovecert, shall comply with Chapter 3, Section S of this Orlinancs and shall be subject to the approval of the Cir/ Engineer. 7. There is a minimus lot area of twenty-two thousand five hundred (22,300) square feet and minimum lot dimensions of one hundred fifty (130) feet by one hundred thirty (130) fast. S. A drainage system subject to the approval Of the City Engineer shall be installed. PS 0 Front Yard Side Yard Rear Yard E-3 30.. f 0fl "1 8-i 0 0 O I-1 40 30 40 I-2 s0 30 s0 Ia R-1, R-2, B-1 and B-2 districts, where adjacent atractures excludiag accessory buildings within Baca block have _rant yard setbacks different f=cm those required, the front yard mimi=u- setback snail be the average of the adjacent st=.ic_sres. If theze is only or* (1) adjacent Bt= -c: ---a, the front yard mini-= setback shall be the average of the raq^W-ed smack and the setback of the adjacent st=..ac_=a. In no case shall the miaicL front ya=w set=sc% exceed thin -1 {:6) feet, except as provided is Subsecticn {F1 below. 2. In R-1, R-2, B-1 and S-2 districts. if lot is a corner lot, the 31d*yazd setback shall be not less than twenty (20) fset frac the lot line abutting the et= aet right-of-way line. (01 The, following shall not be toxo iderad as encrcac.=onts an yard setbac» :aqui. a=ants. - 1. Chirneya, flues, belt coursaa, leaders. pilaster, li stale, or..aaental fear -=Os' cors -less, saves, guttars, and the like provided they do not project mora than two (2) feet into a yard. 2. Terraces, steps, or similar taata=es provided they do not extend above the height of the ground floor level of the principal at_ -acture or to a distance loss than two (2) feet frac any lot line. 3. In roar yards: recreational and laundry drying equipment arbors and trelliaas, balconies, breezeways, open porches, dstac:ad outdoor Living rooms, garages, and air conditioning or heating squipsent. 4. Solar systema- (.) Lots of multiple housing unit structures may be divided for the purpose of condominium ownership provided that the principal structure containing the housing units :hail meet the setback distances of the applicable toning district. C/I In addition, each condomizi.um unit shall a have the minimum lot area for the type of housing unit and usable open space as specified In the area and Suilding Size Regulations of this Ordinance. Such lot areas nay be contzolied by an individual or joint ownership. (FI In residential districts, where the adjacent structures exceed the miaimum setbacks established in Su section M' above, the mi,%L= setback shall be thin=-/ (30) faez plus two-thirds (2/3) of the difference. between thirty (30) feet and the setback or average setback of adjacent structures within the sacs block. 3-4: AREA AIM BUIIJING SIZE REGULATIONS: [Aj PURPOSE: This section identities minimum area sad building size requirements to be provided in each zoning district as listed la the table below. 0I5'.4IC: LOT AREA LOT WIDTH BUILDING Rzzaa: A-0 2 acres zoo N/A R -i 12,000 80 24 - R-2 12,000 80 24 R-3 10,000 8o 2 R -a 48,000 200 1 PZ -R 12,000 50 24 PZ -M 12,000 80 2 8.1 8,000 8o 2 5-2 N/A 100 2 i, d-9 N/A Ion 2 a-4 Nva N/A 2 1-1 20,000 100 2 1-2 30,000 IN 2 1. The building height limitation in an R-3, PZ -M, 5-1, 5-2. 5-3, 15-4, 1-1, and I-2 zoning districts shall be two (2) stories. 2. In zoning districts R-3. PZ -M, 2-1, 8-2, 5-3. 8-4, I-1, and 1-2, a (3) three story building may bo allowed as a conditional use contingent upon strict application of a requirasent that fire -extinguishing systems be Installed throughout the building. (Rtqudat6 a ccndZz4anal u6r peuait baatd upon P-%0c9!.ut9i 4Lt 604,.tk to and xtgutztzd by Chapttt 12 ob th46 p4d,(✓LanCtl . II Council Agenda - 10/11/88 12. Consideration of a Preliminary Plat Approval for a Residential Subdivision. Applicant, Tom Holthaus. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Tom Holthaus is before you with a preliminary plat request of an existing unplatted tract of land. The new preliminary plat as presented consists of one block with one lot and one outlot within it. Block 1, Lot 1, consists of the existing house, and the total land area encompasses 13,965 sq ft. The land area which is left has been put into an outlot which is called Outlot A and has a total land square footage of 28,160 sq ft. Both the lot and the outlot square footages meet or exceed the minimum lot area requirement in the PZh( (performance zone mixed) zone. The location of the proposed house on Lot 1, Block 1, meets or exceeds the minimum setback distances also. B. ALTERNATIVE ACTIONS: 1. Approve the preliminary plat request for a proposed new residential subdivision plat. 2. Deny the preliminary plat request for a proposed new residential subdivision plat. C. STAFF RECOMMENDATION: The applicant has so designed his residential plat with one lot and one outlot within it that meets or exceeds the minimum lot square footage, and the house which already exists on Lot 1 meets or exceeds the minimum setback requirements. D. SUPPORTING DATA: Copy of the location of the proposed preliminary plat request; Copy of the preliminary plat; Copy of ordinance sections. -16- gro irate gl l g aiv t a 91. at. sea 4r$iim Dntia =ODid oOd i�plt.•.1D�. 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G- .Tri• a�' `': t�� ~�•'r::'.. ^-1• „1, � ��,,,, •+ t,ve.lr. 1 ».� .� r"1�,' ,��",��«8..�C� �.wx����'x�i �.•� !I A'•^i� � �/riY' •� .3 w'+ ihrarA - Q,•��t-r i ) t n w -- �^-'• � 1.�a ���"'t` r� "� yl�ti 4t:+y rra nlri • ..•�. = e a i �r. ,✓ e. �..�- r�!.� \ � ' �� `t'y.♦ rr.rn.•rr• _� 1.. ! , y : �,p ...•. a wwr z••" (I-"b� V -~` '+ N,164 y m �♦_{=r!T"rt"'"'ir'� i www i:: r_ ( R� / � i.J S `i 0=- j1' J • '. "`i3i �-�--....! f .+ +♦ .�. ♦♦♦♦ '" f Lrtrhr �jil`r� �. 4'�rta. c1-/�//-��. ••r_./��.y.•,,d'. . .-,e.l,,.w /,i,♦ •w♦, w 8r♦♦ aMr: �`i r rY 1 .x.11 \ y4! 1 �V! /� r� �~ / ♦+ nsvw.r c.rx. i { M-• '. T` t.{ ;w' + �„� .+ t '".y4 wii.w.rses .as i �, •.r. ; r;' � JI � 1 r 3 � rs u�'r..r r. r J 1 �\ ♦," gfrsiu•Mnd .,,ir3irtP� n4� i 4 � aarJ-rrrar r. rttt +Its2 74.1 - 1 •�: % t .�' .rr�re»aa a..r Icy ..�.ri..•.>... +. ,.w.....r:.i. � I ry r7lw+.vr.l I,41! n 'w t �,�eri►!-Arrlrt. ice, 1 '. � ! •Vr r•.I.• w 4Hhv r0 •• s�, rlrr.rla.r • Tr:1 r! • r AXLga LAN Y M��i: 'srs'bSt ar xrr�- •In•irrr.�• , n rrl.w.rMr'rl nn - w .. • w t. Clothes Lino pole and wire. 2. Receatioaal equipment and vehicles. 3. constrict -'on and landscaping matariai currently being unad on the premises. a. Off-street parking of Passeagar vehicles and t --=!z3 not exceeding a cross capaci:/ of iiia thousand (9,000) pounds in residential areas. S. Propano tar -,a, fuel oil tanks, aro ot::ar aimilar reaideatiai heating :uel storage taak3 which do not "ceed 1,000 gallons I., capaci:/ and shall not be located within live (5) fact of any property fins. 6. wood piles in which wood is storad for t'ael provided that not mora than 10 cords shall be stored on any property. A card *hail be a' x 41 x 8-. Al: wood piles shall be five (5) teat or more from rear and aide yard property linea and shall be stored behind the appropriate net back line in franc yards. 7. Solar heating systa:a. i 3-3: YALRO RSS,UTR.T..=TTS: CA) PURPOSE: This section identifies minimum yard spaces and areas to be provided los im each zoning district. (a) No lot, yard or other open space shall bo reduced 49 area or dimension so an to make such lot, yard or open space less than the minimum required by this Ordinance, and if the oxiatinq yard or other open $pact as *xistinq is less than the minimus required it shall not be further reduced. kb rsquirsd open space provided arcual any buildiaq or sz.rictura shall be included as a part of any open space reNuir3d for another S=Actura . (c) All setback distances, on listed in the table below, shall be measured from the sppzapriat* lot line, and shall be required minimum distances. Front Yard Sid* yard Raar Yard A-0 5o 30 so R-1 30 10 30 R-2 10 10 30 - wr R-4 30 10 �U Py=yt son chapter id for epec�-•'-c r��laeions• 10 for s¢ecific raqulationa. 15 3-1 s-: 30 10 20 In addition, each condominium unit shall have the miai.-- Iot area for the type of housing unit and usable open space as specified in the area and Building Si:e Regulations of this Ordinance. Such lot areas may be controlled by an individual- or ndividualor joint ownership. Eps in rastdentiai districts, where the adjacent st_ac_uras exceed the minima= settac..ts established in Su -'section (Cl stove, the minimum set:ack avail to thirty (30) feet plus too -thirds ( 2/3) of the difference. betvean thir_y (30) feet and the amt=ack or aversge setbacX of adjacent atruc:=ee withia the same block. 3-4: AREA AND BUILDING SIZE REGULATIONS: (Ai PURPOSE: :his section identifies miaioum area and building aize requirements to be provided in each zoning dia trict as listed in the table below. DISMICT LOT AMA LOT WID:B BU:=I:tG SZ:CHT A-0 2 acres 200 N/A R-1 12.000 80 24 - R-2 12,000 80 24 R-3 16,000 80 2 R-4 48,000 200 1 pZ-g 12,000 ,64 „ 24 �' r•ah w.VVU a 8,000 s0 3 3-2 N/A 100 2 2-3 N/A 100 2 3-4 N/A N/A 2 1-1 20,000 100 2 1-2 30,000 100 2 1. The building height limitation in an R-3, PZ -M, e-1, s-:, 2-3, 5-4, I.1, and I-2 toning districts shall be two (2 ) stories. 2. In toning districts R-3, PZ -.y. 3-I, 3-2, 2-3, 3-4, I-1, and I-2, a (3) three story building may be allowed as a conditional use contingent upon sLict application of a c*quireaent that Eire-extinquishing systems be installed throughout the building. (R¢gtutel a can'".na4 use pcvnU baaed upon p4QCed 'm act Jouh NR and aega"td by Chap -Cat 22 os th.c:e oRd nax.cz). 1- 0 OUSE PAbPCTEp GA 464 LINN STRfET Council Agenda - 10/11/88 13. Consideration of Conditional Use Request to Allow a Cold Storage Building to be Built in a PZM (Performance Zone Mixed) Zone. Applicant, Ruff Auto. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Randy Ruff, son of the owners of Ruff Auto, Harold and Phyllis Ruff, is proposing to construct a cold storage building adjacent to an existing 261x 30' shed to the rear of Harold and Phyllis Ruff's house. As the legal description exists today, the land where this proposed building would go is currently on Ruff Auto property. That's why the public hearing notice was submitted with Ruff Auto's name as the applicant, when in essence Ruff Auto is actually the owner of it and Randy Ruff is the applicant. This building will be used similar to Mr. Chuck Stumpf's building which is used to house Mr. Stumpf's semi -truck tractor, trailers, and additional recreational items. Mr. Randy Ruff would like to utilize this building for potentially the same use as Mr. Stumpf uses his building. At some time in the future, Mr. Randy Ruff would probably house equipment within this building that would be used as part of the Ruff Auto salvage yard business as it exists today. B. ALTERNATIVE ACTIONS: 1. Approve the conditional use request to allow a cold storage building to be built in a PZM (performance zone mixed) zone. 2. Deny the conditional use request to allow a cold storage building to be built in a PZM (performance zone mixed) zone. C. STAFF RECOMMENDATION: Over the past two to three years, the Planning Commission and the City Council have granted two such related uses of a cold storage building to be constructed on a lot. The first one was the example referenced above, which was Mr. Chuck Stumpf's building. The other example is Charlie Ritze's residence where another additional cold storage building was constructed to house Ritze Trucking semi -truck tractors and/or trailers and other items. In driving by both of these above -referenced examples, you will note that the areas have been cleaned up and seem to blend in well with the existing uses around them. D. SUPPORTING DATA: Copy of the location of the proposed conditional use request; Copy of the site plan for the proposed conditional use request. -17- 7r\•- -� ;1 1 Conditional use request to allow a cold t. storage building to be built in PZ+! (performance zone mixed) zone. Ruff Auto. J 3 Ip � 77-77 - •7 t -! • ya3 fit'%•{,, tet,+, •/ f�',�lf\•,V. •ear•.. r I ! �•+�� r// 'ley- _. %-, 3 of .^r 3 *•l. i��!//�� ! i J / J =s . .rte �%.. �'�.�.{� JMl d'• `44`V� (,/'� %,/.�� WA4 •+tel rx !L %� j l i,� �j y �•.'.V�+ •ice l \ �.•• :+,,� �,,�! S. Ile Ile ' \ - -----^�-=`*- ------ -------- ---- -- -- i- 7�1 .� � --'---_�----�r'------- ] - '_/'-��--- � - - ' | ----------'------- - -- � �� ^ � ,-�' ---�r �---- -- ^ � � -------- ----- -��r-- - 71--- | ' --------- '---' - f' ` -- -'^------ --' -/ } ----------'- -'--- -�' - - - i---^------ �- Council Agenda - 10/11/88 14. Consideration of Simple Subdivision Request to Allow ?vo Residential Lots to be Split, with Less than the Minimum Lot area Square Footage. Applicant, Dan Frie. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Dan Frie is before you with the amended simple subdivision request to allow two existing residential lots of record to be replatted the other way. Instead of running as they were platted, north and south, they will be replatted to an east/west direction. As you will note under Parcel A, the existing porch is within 5.14 feet of the proposed new side lot line. The applicant, Mr. Frie, is proposing to take off a portion of this porch to accommodate a minimum 10 -foot sideyard setback in this location. In Parcel B, the existing detached garage will be removed to accommodate a single family dwelling to be built on this site. The variance request which comes into play here is the two parcels. If they are allowed to be subdivided, each parcel would be less than the minimum lot square footage as required by ordinance today, 12,000 sq ft; but they would be in excess of the minimum lot square footage of the lots that were platted when this was platted, 10,890 sq ft. B. ALTERNATIVE ACTIONS: 1. Approve the simple subdivision request to allow two residential lots to be split with the two lots, when subdivided, having less than the minimum lot square footage. 2. Deny the simple subdivision request to allow two residential lots to be split. 3. Approve the simple subdivision request to allow two residential lots to be split with the two lots, when subdivided, having less than the minimum lot square footage with the following conditions: a. The garage on Parcel B be removed prior to building permit application. b. The porch on Parcel A be removed prior to building permit application. C. STAFF RECOMMENDATION: If the two lots, when resubdivided, are allowed to be split, the minimum lot square footage of the two newly created parcels would be in excess of the minimum lot square footage that was required when they were platted but would be less than the minimum lot square footage for lots that are platted today. If a portion of the existing porch on the south side of the house located in Parcel A were to be torn off, we could have a minimum of 10 -foot separation between the south property line of Parcel A --0 *hn nortion of the porch that is left. 1j v _ V Council Agenda - 10/11/88 D. SUPPORTING DATA: Copy of the location of the proposed sidle subdivision request; Copy of the certificate of survey for the proposed simple subdivision request; Copy of ordinance sections. J -19- p,jolt Cc 4uees s0 s wish b0 lays g1mPl is • ...` �'+si orl too sac e Lto sas4osa '0 1olla� lot a '.. .?:...�,,,�'+L.,,�...,.,�t,l !-...iii r`.."•y '. ;.,�.t'i'�+'...v;y? �-j`,•'+�•,,,.,..,"�ti•Itj_ 7F «t•yrj,.1)}. t�... •. :': 1-�.,:j h...,(I4 ' ' r''��+t[J "%' i,i •N• ~7 Piz ,iLt t 'r•,; I %r _r'•'`r '.�;`"":�, - „ 1 1 lit .'.,, ' ! ty ' I t �:`� 1/1 t �ll I it• �t4t y,_,..�y � _ .'1"�r:a..I r f ', `� tr. .. ' ,% '!r ��'��j{,/1;t ;,;;,' r"'� �� �;�,;'•;";r.��' :.,'--•.... :�'1, f.la�,�` �.. ...'i« , /CL'a••�7 �(.(I !J I t .L � t � � ;�.',.�� �� .� �' :.M1"� t � �"•'jltj� �.,, ll.r.�.t•, r~ •�;_ `.:•� . ,............�, �,'�"!v 4'.'.•.:+7% `j--.,.+-y t r�"'..f �tx' / r f g7't „ Irlt) / `^' ."'•�.,MSf "� t V I �+ (rt.,'"�-...,���`."�";�:�,4�y� � /fir`-''w o.:.�< •,.. t '� ".- i �, t r rri ' 1I rr 7 j' + v < � .� ! -'>.:;°,'; ^!'�L.. It�i .,t ....,,,,,,'=`rt ,t�,�y�' �,'••,,.., "^-�•.,,,.`e'^'�st 'r! �� � �%/%",-tom '"""" �.y �`.`�s:�•1>a•�-•,';s'�il •, r:. .�• .r � �. ,,l t �( , r.- f-,� !P fJ"�;L�' x:.11; �\ _- _�: '•'r = '', '7''�\\� i y"�s,.''_ t)'l;,,t, �""^•� .>,i"Oi \' � �•�F�i",{�' �'i:•r t,,,f� i •i. b } ` l i �J"`+t� ����•••'��"" 'll!•' l>'• i tr,y�• 1�4 ' , `! • •��•, ��` 'rte \ MtGHWAY N0. 94Is ,t ' •� , .•� Iq N � �- '1 1 i •• I 1 1 G � 1 G ` � • • e9 ^ '" ,� ,�:gRGEG 1 -� Icy _ ..192.36•- - 3 VNO I . Clothes line pole and wire. 2. Recreational equipment and vehicles. 3. Constriction and landscaping material c::rrantly being used on the premises. 4. Off-street parking of passenger vahiclas and tae:$ not exceeding a gross eapaei;/ of nine thousand (9,000) Pounds in residential areas. S. propane tanks, fuel oil tanks, are- other si_ilar residential heat—' -.q fuel storage tanks which do not e::caad 1,000 gallons in capacity and shall not be located within five (51 feet of any propez-./ line. $. Wood piles in which wood is stared for fuel provided that not more than 10 cards shall be stored on any property. A cord shall be 4' x 41 x V. All wood piles shall be firs (s) feet or more from roar and side yard property lines and $hall be stared bohind the appropriate set back line in front yards. T. Solar heating systaZa. 3-3: Y*D 9SKU33L.9F=' CAI ZMPOSZ. :his section identifies minimum yard spaces and areas to be provided for in each Zoning district. Cal cro lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less r-han the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required it shall not be further reduced. lb required open space pravidod arculd any building or structure shall be included an a part of any open space required for another strlcrUZ4. cc) A" setback distances, as listed in the table below, shall be measured from the appropriate lot line, and shall be required minimum distances. !cont Yard Side yard Maar Yart' A-0 s0 10 so 1-1 30 10 30 ice in 3q) 1-3 30 20 30 a-4 30 30 30 K -R doe Chapter 10 for specific regulations. VZ -'4 tae Chapter 10 for specific regulations. 8-1 30 1s 20 1-2 30 10 20 j„j 3-4: In addition, each condominiu= unit shall have the minimum lot arae for the type of housing unit and usable open space as specified in the Area and Building Sira Regulations of this Ordinance. Such lot areas may be controlled by an individual or joint ownership. (P) In residential distric a, whare the adjacent structures exceed the minimum settacks established in Subsection (C1 aeove, t�.e miniuu3 setback shall be tii ty (30) feet plus two-thirds (2/3) of the difference. between thirty (30) !eat and the setback or average setback of adjacent st:ae:_ es within the sane block. ARIA ALIO BU=tNG SIZE REGULATIONS: (A] PUR?OSE: This saction identifies ¢inial - area and building size requirenents to be provided in each zoning district as listed in the table below. DISM:CT LOT ARIA LOT 'WIDTH BU'=ING BE:G.H: A-0 2 acres 200 N/A R-1 12 000 80 2% 2 12•uuu MU d� R-3 10,660 60 2 R-4 48,000 200 1 PZ -R 12,000 60 2% PZ -H 12,000 60 2 3-1 6,000 60 2 6-2 N/A 100 2 8-3 N/A 100 2 5-4 N/A N/A 2 1-1 20,000 100 2 1-2 30,000 100 2 1. She building height limitation in an R-3, P2 -M, 3-1, 2-2, 8-3, 8-4, I-1, and I-2 coning districts shall be two (2) stories. 2. In zoning districts R-3, PZ -V, 3-1, /-2, 2-3, 6-4. I-1, and 1:-2, a (3) three story building may be allowed as a conditional use contingent upon @=Lot application of a requirement that fire -extinguishing systems be installed throughout the building. (Requktei a cond4zionat u4t ptvnU ba4td upon paoctdua s 6LL 6ouh in y and 4tgu&ud by Chaptat 22 oS thi6 old oAct). 1 �f Council Agenda - 10/11/88 \. 15. Consideration of Reolatting Request to Replat an Existing Unplatted Lot into (8) Townhouse Lots and One Common Area Lot. Applicant, Floyd Markling. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Floyd Markling is before you with a preliminary plat request for his proposed 8—unit townhouse project. Mr. Markling has hired the services of Taylor Land Surveyors to do the preliminary plat for the replat of this unplatted tract of residential land for him. Four of these individual townhouse lots will consist of a 33' x 84' area which encompasses 2,772 sq ft of land area. The land area for each townhouse of the second set of four townhouse buildings will be a 30' x 84' rectangle tract of land encompassing 2,520 eq ft of land area. The total amount of land area within this entire preliminary plat is approximately two acres of land, or 87,120 sq ft of land area. The townhouse lots as situated on this preliminary plat meet or exceed the minimum setback requirements. The total land area for each of the townhouses as required by Ordinance is 5,000 sq ft, of which the ratio of townhouse total land area to the land area provided is just over twice as much land area in excess of the minimum amount of land area required, 40,000 sq ft. B. ALTERNATIVE ACTIONS: 1. Approve the preliminary plat request to replat an existing unplatted lot into eight townhouse lots and one common area lot. 2. Deny the preliminary plat request to replat an existing unplatted lot into eight townhouse lots and one common area lot. C. STAFF RECOMMEMATION: Floyd Markling's proposed preliminary plat of this unplatted tract of land into eight townhouse lots and one common area lot does meet or exceed the minimum land area requirements and building setback requirements. D. SUPPORTING DATA: Copy of the location of the proposed preliminary plat request; Copy of the preliminary plat; Copy of the Ordinance sections. t t4' 2-;- D" "', �js 1 � ����hnN�,��ti� rs� -1�1 �,2rL22v��—i G A replatting request to raplat an existing unplatted lot into eight townhouse lots and one c ---on area lot. Floyd Markling. G CJ ti �•:�;� •'tire= �':i.e.ca x MlL.tO rroe• no.o MJA&Ll*d. MO."CtLI E .- F .� .. ,rv...... 6 1 + 1.-O I. Clothes line pole and vire. 'i 2. Recreational equipment and vehicles. y 3. Contraction and landscaping matarial carxently being usad on the premises. 4. Off-street parking of passenger vehicles and Lac".:a not exceediag a gross capacity of alae t-housand {9,000) pounds in residential - areas - S. esidentialareas- 5. propane tames, fuel oil tanks, and other a'.=filer residont!ai heating fie2 storage tanka which do not exceed 1,000 gallons in capacity and shall not be located within five (5) feet of any property lime. 6. wood piles in vhich wood is stored far fuel provided that not cora than 10 cords sisal) be stored on any property. A cord shall be 4' x 4' x 8'. All wood piles shall be five (5) fest or ars from rear and side yard property lines and shall be stared behind the apprepriate sat back llne in front yards. 9. Solar heating systems. i. 3-3: Y*D RSQUMS17IMS: {Al PURPOSE: This section identifies minimum yard spaces and areas to be provided for in each zoning diatrict. tBJ No lot, yard or other open spats shall be reduced in ares or dimension no as to cake such lot, yard or open space less than the minimus caquirod by this Ordinance, and if the a. -O sting yard or other open spats as existing is less than the miaimua required it shall not be further reduced, Ah raquired open spats provided arcund any buildtag or strarura shall be included as a part of any open space requ-cod for another stracturs. ccs A" setback distances, as listed in trite table below, shall be aeasured from the appropriate lot line, and shall be required minimus distances - front Yard Bids yard Rear Yard A-0 s0 30 so R-1 30 /0 30 e d*' 10 av / R-3 20 20 su R-4 30 30 30 t: -R Sae Chapter 10 for specific raqulations. ?:-x Bae Chapter 10 for specific regulations. 3_1 30 1s 20 /5 3-2 30 t0 20 In addition, each condominium unit shall have the minimum Lot area for the type of housing unit and usable open space as specified in the Area and Building Size Regulations of this Ordinance. Such lot areae may be controlled by an individual or joint ownerahip. (P] Za residential dist icts, where the adjacent stzncturas exceed the mizir= setbacks established in Subsection (C1 atove, the mini== sattack shall be thirty (30) fact plus two-thirds (I/3) of the difference. between thirty (30) feet and tae setback or average setback of adjacent at=lc:lree within the Baca block. 3-4: AR A AND SUIIDIvo SIZE P -'GU A_IONS: (AI PURPOSE: This section identifies minimum arta and building size requirezents to be providad in each zoning district as listed in the table below. DISTRICT IAT AREA 10: WIDTS BU:: 130 RE:GHT A-0 2 acres 200 N/A R-1 12,000 so 2 C—v •'I!,mlu So R-3 . 10,000 80 2 R-4 48,000 200 1 PZ -A 12.000 so 212 PZ M 12,000 so 2 D-1 8.000 s0 2 a-2 N/A foo 2 8-3 N/A too 2 3-4 N/A N/A 2 1-1 -O.000 too 2 1-2 30,000 too 2 1. The building height limitation in an R-3, PZ -:1, 8-1, 5-2, 9-3. 8-4, I-1, and I-2 zoning districts shall be two (2) stories. 2. In zoning districts R-1, PZ -M, 8-1, S-2. 8-3, 8-4, I-1, and I-2, a (3) three story building may be allowed as a conditional use contingent upon strict application of a requirement that fire -extinguishing systems be installed throughout the building. (Riqu.i.tte A condi Gnat uta petau.t ba4ed upon paocfduaci 6LZ JOUR 4A dad atgu cd by Chaptt2 It ad thio ona.ina,lca i . IS IB) LAT AREA PER UNIT: Single Family 12,000 square fast T•.ro-Famil guars feet _ownnousa 5.000 square reeV mobile Home 4,000 square feet Multiple Family 10,000 square feet for f_at unit plus 2,000 sq. ft. for each additional one bedroom unit, plus 3,000 sq. ft. for each additicra/ two bedreom unit. Elderly Housing 1,000 aquare feet (1 ne dot atea pet unit rteou.r.,tement 3oa town+toaae5, condo=Zw.:Pultta and planned unit deve4OPmenta AMU be CaZzaated on the baa.ia o$ the totes amen in the paoject and as contaoZ4zd by an lndivLducL and jou" owne-takip). CC) OT:L:TY TRANS2TLON AREAS. All areas in which sawer is not currently available shall be designated a■ Utility Transition Aress. The min' --um lot area of any platted Sot in such areas shall be two and one-half (ly) acres. Any lot platted ac_or_Sag to the - provisions of this subdivision, may be replotted provided that public sanitary mower will be made available and all conditions and provisions of this Ordinance are met. C0) USEABLE OPEN S2AC:t Each multiple family dwelling site shall contain at least five hundred 1300) square fest of useable open space as defined in Chapter 2 of this Ordinance for each dwelling unit contained thereon. t-) EXC3nT:1NS: The building height limits established herein for districts shall not apply to the fuiloving: t. telfriss 2. Chimneys or flues 3. Church spires 4. Cooling towers 5. Cupolas and domes which do not contain useable space. 6. Elevator penthouses 1, slag poles B. Monuments !. Parapet walls extending not aara than three (3) feat above the limiting height of the building 10. Water toners QD it. Bolas, towers and other structures for essential sarvi 12. N;cessar/ mechanical and electrical appurtenances 13. Television and radio antennas not exeaading twenty (20) feet above roof. 14. Hind electrical generators tri No excluded roof squipnent or structural element extending beyond the li_ited height of a building cey cc=--;-/ ncra than twenty-five (s""°} percent 0! t:.e area of such roof not to exceed ten (10) feet unless otharrise noted. EC1 CiI:1I2..•1 F:00d AREA PE_3 DwE'_L..`IG 1 . ONE AND/OR rd0 F'AMI-Y o n":=3 An TO HOUSES . The aLli= !-Gov area tar auca type buildings shall be as follows: (a) Ons Story Owelling - 980 square fest. �(b) Two Star/ Dwelling • 750 square fast per. (0) EXCEPTION: The VLZAAsun 4qu4ne i 600=9e 06 a one 447ay bu.i.U4q tray be neduazd .to aha 4quate deet t6 a gaAage i.4 added wZ-k at 4ea4t 336 4gUOAC dent. In no Cut. howeve2, 4h -LZ the AiW:m&W duntaw.ian o% that Savage be WA than }a 6eez. 2. MULTIPLE 0W=LZ:7G UNI.S : Except for elderly housing, living units classified as eultipls dwellings shall have the following minim— floor areas per unit: (a) Efficiency Units 500 square fest M one eedr000 Units 600 square fast to) Two Sadroon Unita 720 square fest ld) More Than Two tedraos Units -An additional 100 square feet far each additional bedracs 2. Z=MLY (594ZCR CITIZEN) ECUSI40: Living units classified ra *lastly (senior eituten) housing units shall have the, falloving ainisua floor areas per unit: (a) Mlieieney Units 440 Square fast (b) One ledrace S r M e...,... ♦... I Council Agenda - 10/11/88 16. Consideration of Resolution Accepting Bids and Awarding Cont:act on 88-7 Improvement Project. (R.W.) A. REFERENCE AND BACKGROUND: At the last meeting, the Council approved the plans and specifications and authorized advertising for bids on the 88-7 project to provide sewer and water services to the Floyd Markling parcel and Country Club property. The estimated cost of the project was $62,200. Bids are being received until 11 a.m., Tuesday morning, October 11, at which time they will be opened and tabulated. The tabulation and recommendations for awarding of the project will be presented at Tuesday night's meeting. B. ALTERNATIVE ACTIONS: 1. Assuming the bid prices come in within the estimated project cost and the property owners are agreeable to the project cost, the Council can adopt a resolution awarding the contract to the lower bidder. 2. If the project bids are excessively high or if the property owners together do not wish to continue with the improvement, the project can be terminated. C. STAFF RECOMMENDATION: Thesta ff does not have a recommendation at this time until the tabulation of the bids occurs Tuesday afternoon. D. SUPPORTING DATA: Resolution for Adoption. -21- RESOLUTION 88 - RESOLUTION ACCEPTING BID AND AUTVORIZING CONTRAC77 WHEREAS, pursuant to an advertisement for bids for the improvement of sanitary sewer and waterma in extensions and appurtenant work from Golf Course Road to serve property owners, Floyd Markling and Monticello Gauntry Club, bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement. AND WEE.4EAS, it appears -list is the 1swest responsible bidder. NOW, TSEREFORE, be it resolved by the City Council of the City of Monticello, Minnesota: 1. The Mayor and the City Administrator are hereby authorized and directed to enter into the attached contract with in the name of the City of Monticello for the improvements or Streetscape Landscaping according to the plans and specifications therefore approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposit made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be obtained until a contract has been signed. Adopted by the City Council this 11th day of October, 1988. Mayor City Acministrator Council Agenda - 10/11/88 17. Consideration and Review of the Proposed 1989 Budget of the SWC4. (R.W.) A. REFERENCE AND BACKGROUND: Each year the Cable Commission adopts its own budget for the upcoming year. The primary revenue source for the Commission is the contribution from each of the member cities based upon the weighted vote for each city. As in the past, the City will submit its annual contribution along with an invoice to the Commission requesting reimbursement of franchise cable fees. This process is primarily a pay-out/pay-in. The City is always fully refunded for its cable contribution. Similarly, as cable use within the city grows, our share of the franchise fee will increase. The municipal budget for 1989 shows an expenditure of $6,650 and revenue of S6,650. As noted in Barb Guffey's letter, the Council need not take formal action since their membership in the Joint Powers has delegated the budgeting authority to the Commission. I believe it would be good for record keeping to have a motion ratifying the City's participation and the Commission budget for 1989. B. ALTERNATIVE ACTIONS: 1. Ratify the budget. 2. Withdraw from the Commission. C. STAFF RECO"ENDATION: I recommend that the Council ratify the budget for the upcoming year. D. SUPPORTING DATA: Copy of the Commission budget; Copy of the cover letter from Barb Guffey, Cable Administrator. -22- SHERBURNE/WRIGHT COUNTY CABLE C0(NINIUNICATI0NS C01NINIISSI0N Monticello C;ty wall. 250 East Sroacwoy. Monnceuo. Minnesota 55382 BARBARA GUF-r.-^t CAMs ACm,menaW MMICRANDDK DA ='l September 13, 1988 TO: a�C' ilc'_-s: �acors/Cloaks FRCM: Barb Guffey RE: 1989 Commission Budget Phone (6 t 2) 295-2511 Metra (8 s 2) 333.5739 Enclosed you will find a Capy of the Sherburne/.right County Cable Catnunicaticne Commission 1989 budget. The Commission approved the proposed budget or its reg -alar meeting of August 17, 1988. This budget is being sent to you in accordance with the provisions of the Joine Powers Agreement for the Commission in Article %:. Section 4, which provides for a passive review of the Commission budget by its member cities. Please have you: Cit/ Council raviev the enclosed budgat; hoverer, to formal ac:iam used be taken to approve ic. 'he budget will be deemed approved by your Ciel unless the City gives notice in writing '. sa the Commission prior co October 15 that it is wictdraving from chs Commission. Any city withdrawing after October 15 will sclll be required to ramie its conccibutlon to the 1989 budget. Also enclosed pleas find a listing of each City's 1989 contribution to the Camsaission. The Joint Powers Agreement provides for a change i.n voting sticture attar the second annual report of the nutbar of subscabais in the system, and thus each member City will be, sent Is resolution to amend chs, Agraament prior to January 1. 1989. At than tine, the votes on the Commission will be restructured to reflect each cities' pro- portion of the annual franchise fes, and thus the contributions for the 1989 budget are also proportionally based upon the franchise fat. Thus, please have your City raviev its contribution raquiramants, and remit a check to the Commission prior to January 10, 1989. 11 your check is nec received by January 10, the Cocmissioner !ram your City will be ineli;ible to veto on behalf of your City during the time in is in default on any Contribution or psymenz as the Commission. Your City will receive reimbursement for your 1989 contribution immediately following the receipt of the 1989 franchise fast from Jones Inte:cabie (in early 1990). You will be receiving reimbursement for the 1988 coneributioas of last year in early 1989, following receipt of the 1988 franchise fees. Please remit your City's contribution payable to the Sherburne/Wright Cable Commission to Barbara Guffey. SWC:, 250 Base Broadway. Xonticallo. :t 55362. Thank you, and pleas feel free to give me a call if you have any questions. SWC4: Big Like • Butisb • Catuto • Cassel • Osuna • E.k River Made LAKs • Monticello • ROCRhxn • Watertown PROPOSED 1989 S*.;Cs HDDGci Adai.iscrator Salar7 3 27.500.00 P_3A 1,168.75 F. Z. C. A. 2,065.25 Health. Dan cal. Lifa,AD60,0.Life. Disab. 2.214.84 Office 6 General Supplies 300.00 Equipment 0 Legal. Services 5,000.00 Telephone 300.00 Postage 200.00 Travel, Conferances, b Schools 3,700.00 Printing. Publishing. 6 Advertising 200.00 Insurance 0 Mica Rental 0 Dues 6 Memberships 230.00 Audit of SWC4 Records 400.00 Audit of Cable Operator Racards 2,000.00 Syscam Performance Evaluation 0 Unallocated Contingency 1.900.00 S 47.400.00 With a 1989 SWC4 budget at S47,400, the 1989 cit/ budget - conc.:bucSons would be as follows. 100 voces $47.400.00 «+ Each vote for the 1989 budgec, at $47,400.00, is $474.00. will get back 1989 budget 1988 budget City 9 votes concribucion cone:ibut=on Big Lake ................. 12.............S 5.688.00 S 4,274.00 Buf!alo..................2:............. 10.4:5.00 61411.00 Cokaco................... 5............. 2.370.00 4.274.00 Dasnal................... 3............. 1,422.00 2.137.00 Delano ................... 9............. 4,256.00 4.274.00 Elk Rivar................16........'..... 7,584.00 8,548.00 Maple take............... 4............. 1,896.00 2.137.00 Montical.lo. .........14 ............. 6,636.00 6,411.00 Aoek:ord................. 5............. 2,370.00 4,274.00 Racertown ................10............. 4,740.00 4,274.00 100 voces $47.400.00 «+ Each vote for the 1989 budgec, at $47,400.00, is $474.00. Council Agenda - 10/it/88 SUPPLEMENTAL INFORMATION FOR AGENDA 18. Consideration of Resolution Agreeing with MND(Yf for the Installation of Traffic Signals at the Intersection of Bignway 25 and River Street and the preparation of a Cooperative Agreement. (R.W.) A. REFERENCE AND BACKGROUND: Late Friday afternoon, I received a letter from the District Engineer, Donald Raisanen of MNDOT which noted that MNDOT has concluded that signals are an exceptable solution to the River Street/Sighway 25 traffic problem. As you will note from the copy of the letter attached; MNDM is requesting a resolution from the City Council agreeing with the signal installation and the preparation of a cooperative agreement before they will continue with a design and construction of the signals. Although this item could wait until the October 24th Council meeting, due to the long controversy that has occured over this problem, I thought the Council may want to give immediate direction to MNDOT for proceeding with their design work. As a result, I am asking for the Council to adopt a resolution agreeing with the installation of the lights and the preparation of a cooperative agreement to cover maintenance and cost sharing of the installation. Although the letter does not specify a cost participation amount, my first reaction was that the Council should decide whether MNDOT should be informed immediately of our intention not to participate in the cost of the traffic Q signals. On the other hand, until we know more details, MNDOT always requires a cooperative agreement to cover maintenance since it is the City's responsibility for the electrical charges and light bulb changes etc. for any traffic signal. The cost participation mentioned in the letter may be a very small amount and the Oouncil may not want to jeopardize the designing of the signals at this time until we know exactly what cost we are talking about. I believe the resolution only specifies that we agree with the installation as a safest method as to provide all movements of traffic and that we agree to enter into a cooperative agreement. The cooperative agreement could be for as little as one dollar or as I expect, MNDOT will be asking for a much larger share probably a 50 percent range. Once we know this figure, we can certainly at that point indicate to MNDOT that the design flaw is their mistake and all of the cost should be borne by them. B. ALTERNATIVE AC'T'IONS: 1. Adopt the resolution approving the installation and agreeing to enter into a cooperative agreement. 2. Do not adopt the resolution which may halt any efforts on MNDOT's part to start the design. 3. Table the resolution for two weeks. 4. Get an exact dollar amount that they expect the City to contribute before even considering a resolution. Council Agenda - 10/11/88 C. STAFF RECOMMENDATION: Public Works Director, John Simola and myself have discussed this request for a resolution from the City Council and it is our opinion that since MM= is only asking for a commitment to enter into a cooperative agreement, the cost participation amount can always be another topic in the future. Rather than rock the boat at this time without knowing what, if any amount, ?0= expects us to pay for the installation, MNDOT would be at least starting to prepare the plans for installing the signal system. D. aurrvnaiiw DATA. Copy of the resolution and copy of MNDOT letter. RESOLUTION 88 - Resolution Entering into Traffic Signal Agreement with State of Minnesota WHEREAS, recent improvements to trunk Highway No. 25 by the Minnesota Department of Transportation including the construction of a new bridge and bridge approach have resulted in sight restrictions at the intersection of Highway 25 and River Street, and WHEREAS, the City of Monticello wishes to promote the safe movement of traffic in all directions at this intersection; THEREFORE BE IT RESOLVED by the City Council of Monticello: The City Council of Monticello agrees with the Minnesota Department of Transportation determination to install traffic control signals and signing at the intersection of trunk Highway 25 and River Street and the preparation of a cooperative agreement relating to the installation and maintenance of said signals. Adopted this day of October, 1988. Mayor City Administrator ef`Nr+ESpra y° ;6 a Minnesota Department of Transportation oa raOydo District 3 301 Laurel St., P.O. Box 978 Brainerd, Minnesota 56401 (218) 828.2460 October 4, 1588 Qualify Service Through Individual Commitment Mr. Rick Wolfsteller, City Administrator City of Monticello 250 E. Broadway, Box 83A Monticello, MN 55362 In reply refer to: c.s. 8605 (TH 25) Dear Mr. Wolfsteller: Your letter of September 20 states that the consensus of the city council is that the Trunk Highway 25 and River Street intersection should remain open to all movements of traffic and that signals are the preferred alternative. This intersection presents us a difficult and unique problem due to the sight restriction which was not anticipated during the design stages. We have again reviewed the various alternatives and have concluded that signals are an acceptable solution to solve the problem. We will require a resolution from the city council agreeing with the signal installation and the preparation of a Cooperative Agreement outlining the cost participation and maintenance responsibility between the city and the state. We will then prepare the necessary plans and install the signal system as soon as possible. We will remove the barrels on Trunk Highway 25 to allow left turns for River Street. River Street will remain as a one-way eastbound from 'trunk Highway 25 until such time that the signal construction is completed. I will have Jerry Kreutzer, Assistant District Engineer in Construction, contact you to set up a meeting to work out the specific details. Please contact me if you have any questions or concerns. Sin ely,��� Donald L. Raieanen District Engineer cc: L. F. Mctlaunra/W. 11. Yoerg - 413 Gerald R. Kreutzer/E. W. McCulloch - Brainerd Leonard Eilts - 313 Mayor Arve Grimamo - Monticel •An ooconun,ry fmmov. DLA/sg J 1 �a o 6 Council Agenda — 20I1II88 19. Consideration of Authorizing Setting the Sale of G.O. Improvement Bonds for the Water Tower Bond Issue. (R.W.) A. REFERENCE AND BACKGROUND: With the recent referendum on the Water Tower Bond Issue in the amount of $1,100,000 passed by the voters, it has been anticipated that Springsted Inc., the city's bond consultant would be selling bonds yet this fall. Originally, I had thought about waiting until the actual bids were received for the majority of the work on the water tower so that a better estimate could be used for the bond sale, but if we wait until all of the bids are actually received, the sale of bonds would not occur until probably after the first of the year. In my discussions with Jerry Shannon of Springsted Inc., the latest the city could authorize the sale of G.O. Bonds and receive the money yet this year would be the October 24th Council meeting. The City has already incurred some costs for watermain construction in anticipation of the water tower referendum being approved and will in a few days be purchasing the Shultz property. As part of the budget for 1484, I have already included in the debt service tax levy, $106,268 for the first payment on the bonds which were anticipated to be sold this fall. It is the recommendation of Springsted that the city authorize the sale based on it's previous estimate as soon as possible in the total amount of $1,100,000 and if the city is fortunate to receive lower bids than anticipated, any surplus bond revenue can be used within three years for any type of water related improvement. As a result, if the bonds should produce excess revenue, any excess could be used to reduce a future bond issue amount. Although this issue does not have to be acted upon by the Council at this meeting, the sooner Springsted can prepare the documents and advertise for the bond sale, the better likelyhood of the city receiving the funds yet this year. B. ALTERNATIVE ACTIONS: 1. Approve setting the sale of G.O. improvement bonds in the amount of $1,100,000 for the water tower issue. According to Jerry Shannon, the advertisement for bids would be commenced and it is expected the bids can be returnable November 14th. This would provide the funds by the middle of December for the City. 2, wait until the October 24th meeting for a formal presentation by Nr. Jerry Shannon. 3. Wait until all construction bids are received to know the exact cost of b° the bond issue. C. STAFF RECOMIMENDA^.ION: As I noted previously, it has always been my understanding the bonds would be sold yet this fall as the city has been and will be in the near future incurring additional coats related to this project. Although the Council could consider setting the sale of the bonds at the next Council meeting and still in all likelyhood receive the money at the end of the year, it appears most Council Agenda - 10/11/88 feasible to issue the bonds in the amount of $1,100,000 as planned. Mr. ` Shannon of Springsted has prepared the preliminary estimate of the tax levies J during the length of the bond for my budget purposes and I do not see this changing upon waiting two weeks for a formal presentation. D. SUPPORTING DATA: Preliminary recommendations from Springsted Inc., on the bond sale. ;F® SPRINGSTED -;A RUBUC FINPNCE ADVISORS 85 East Se,entn Place, Surce 100 Sair.1 Paul,'amnesola 55101 21-3 612223 3000 Fa,: 612223 3002 August 15, 1988 Mr. Rick Wolfsteller, Administrator City Hall 250 East Broadway Monticello, MN 55362 R,E: $1,100,000 General Obligation 'Nater System Bonds, Series 1938 Dear Mr. Wolfsteller: Enclosed for your information is a proposed maturity schedule to finance the intended water system improvements to be constructed by the City. We understand a special election for authorization of these bonds will be conducted on September 13. Assuming a successful referendum, the City can establish the terms and conditions of sale at any meeting subsequent to the referendum date. We anticipate these bonds will be sold yet this year, and therefore we have dated the bonds effective November I, 1988. As with most issues of the City which are supported by taxes, we recommend the bonds mature each February 1. We are anticipating these bonds will be amortized over a 15 year period of time with a final maturity in 2004. The estimated average annual levy including the statutorily -required 5% overlevy, is estimated to be $129,648, or 1.13 mills based on the City's current taxable assessed valuation of $114,339,670. We also recommend the City make a levy in 1988 for first collection in 1989 for this program. In the event a levy is not made this year, the Issue could be extended at least one more year and the first payment of interest would have to come from investment earnings and/or other available funds of the City. This will also result in a substantially larger levy for the first year and, due to the delay in payment of principal, a larger overall interest cost. The City may levy taxes for debt service in anticipation of issuing these bonds even though the bonds have not been issued prior to the date of levy certification. In addition to the amortization schedule, we have prepared for you potential tax impact for this program. In view of the fact the issue is going to be entirely paid from tax levies, the debt service levy will go onto the tax rolls against all taxable property within the City. The estimated impact for residential homestead property is set forth in Schedule B. With this program, we have shown what the actual tax is on various properties in the City based on actual tax levies certified in 1987 for collection in 1988. The second part of the schedule shows what the tax would have been on the some parcels of property had a tax levy increase of 1.13 mills been i Ij ,.a,ano once mtcoms once 251 Nona muro,s Sum. Su 10 1510 500 Elm Gro�o Rosa Suno 101 Inmaeaoout 11a,ana 46204.1942 EIm Grave. waconan 53122 0037 317.237-3636 414-782 8222 Fe,317.2373639 Fa, 414.:62.2904 City of Monticello, Minnesota August IS, 1988 Page 2 included in last year's levy. As an example, a residential homestead property with a $70,000 estimated market value (this value is determined by the County assessor) will have a net property tax bill of $573.00. This net tax bill takes into consideration the applicable homestead credit. If the City levied taxes for this issue, that some parcel of property would have a tax payable of $58M% or $7.00 more than that property was paying this year. Due to the many unknown factors surrounding the new Minnesota property tax bill, we have not attempted to forecast the impact of this program on next year's taxes. We have shown the some type of information for commercial property within the community, with values ranging from $50,000 to $400,000. We hope this information will be helpful in your determination of information required to be presented to the voters of the community. We note that in the event the referendum fails and the City still intends to proceed with the program, net revenues of the water system in on approximate amount of $130,000 will be required to be generated. Based on the City's 1987 audited annual financial statements, this will result in a substantial increase in water rates. We note there is no statutory prohibition to the City raising water rates to support any or oil of the debt service for this program now or in the future. Please let us know if you need any further assistance with this program. Sincerely yours, Gerard S. Shannon Vice President dah Enclosures CITY OF MONTICELLO, MINNESOTA PREPARED AUGUST 12, 1988 $1,100,000 GENERAL OBLIGATION BY SPRINGSTED INCORPORATED WATER SYSTEM BONDS TAX BILL IMPACT - Residential Mill Rate: 97.876 Homestead Property Estimated increase: 1.130 Estimated Mill Rate with P:Olect: 99.006 SECTION A - 1988 PROJECTED TAX PAYMENT WITHOUT PROJECT Al Estimated Market Value: 50,000 60,000 70,000 80,000 90,000 100,000 A2 Assessed Value: 8,500 10,200 12,100 14,800 17,500 20,200 A3 Gross Tax: 832 998 1,184 1,449 1,713 11977 A4 Less Homestead Credit: 449 539 611 611 611 611 AS Property Tax Bill: 383 459 573 838 1,102 1,366 SECTION B - 1988 PROJECTED TAX PAYMENT WITH PROJECT 81 Estimated Market Value: 50,000 60,000 70,000 80,000 90,000 100,000 82 Assessed Value: 8,500 10.200 12,100 14,800 17,500 20,200 83 Grass Tax: 842' 1,010 11198 1.465 1.733 2.000 j 84 Less Homestead Credit: 455 545 618 618 618 618 B5 Property Tax Bill: 387 465 580 847 1,115 1.382 ESTIMATED 1998 TAX INCREASE DUE TO PROJECT: $4 46 87 $9 813 816 •The above schedule shows the estimated increase in taxes payable at various market values if the estimated mill rate increase due to the above project were added to the current mill rate for taxes payable in 1988. The schedule does not include the Property Tax Rsfund to which a taxpayer may be entitled based on family income. it does, however, reflect the deduction of homestead credit which is automatically calculated and deductod by the county. Estimated market value is the basis from which assessed value is calculated. This value is not necessarily the price the property would bring it sold. CITY OF MON72CELLO, MINNESOTA PREPARED AUGUST 12, 1998 $1,100,000 GENERAL OBLIGATION BY SPRINGSTED INCORPORATED WATER SYSTEM BONDS TAX BILL IMPACT• Commercial property Milt Rate: 97.876 Estimated Increase: 1.130 Estimated Mill Rate with Project: 99.006 SECTION A - 1988 PROJECTED TAX PAYMENT WITHOUT PROTECT Al Estimated Market Value: $50,000 $100,000 S15O,000 5250,000 $400,000 A2 Assessed value: 14,000 34,000 $5,500 98,500 163,000 A3 Gross Tax: 1,370 3,328 5,432 9,641 15,954 A4 Less Homestead Credit: . 0 0 0 0 0 AS Property Tax Bill: 1,370 3,328 51412 9,641 15,954 SECTION B - 1988 PROJECTED TAX PAYMENT WITH PROJECT at Estimated Market Value: $50,000 $100,000 SISO,000 $250,000 $400,000 82 Assessed value: 14,000 34,000 $5,500 ' 98,500 163,000 83 Gross Tax: 1,386 31366 5,495 91752 16,138 84 Less Homestead Credit: 0 0 0 0 0 83 Property Tax Sill: 11386 31366 5,495 9,752 16.138 ESTIMATEO 1988 TAX INCREASE DUE TO PROJECT: 516 538 063 sill $184 •The above schedule shows the estimated increase in texas payable at various market values it the estimated mill Cate -increase due to the above project vete added to the Current mill rate for taxes payable -In 1988. Estimated market value is the basis from which assessed value is calculated. This value is not necessarily the price the property would bring if sold. City of Monticello, Minnesota Prepared August 12, 1988 $1,100,000 General Obligation By SPRINGSTED Incorporated Water System Bonds Dated: 11- 1-1988 SCHEDULE A Mature: 2- 1 IF Total Year of Year of Principal 105% Levy Mat. Principal Rates Interest fi Interest of Total (1) (2) (3) (4) (5) (6) (7) 1988 1990 30,000 5.851 95,588 125,588 131,867 1989 1991 50,000 6.00% 74,715 124,715 130,951 1990 1992 50,000 6.15% 71,715 121,715 127,801 1991 1993 55,000 6.30% 68,640 123,640 129,822 1992 1994 60,000 6.45% 65,175 125,175 131,434 1993 1995 65,000 6.60% 61,305 126,305 132,620 1994 1996 65,000 6.75% 57,015 122,015 128,116 1995 1997 70,000 6.85% 52,628 122,628 128,759 1996 1998 75,000 6.95% 47,833 122,833 128,975 1997 1999 80,000 7.05% 42,620 122,620 128,751 1998 2000 85,000 7.15% 36,980 121,980 128,079 1999 2001 95,000 7.251 30,903 125,903 132,198 2000 2002 100,000 7.40% 24,015 124,015 130,216 2001 2003 105,000 7.50% 16,615 121,615 127,696 2002 2004 115,000 7.60% 8,740 123,740 129,927 TOTALS: 1,100,000 754,487 1,854,487 1,947,212 Bond Years: 10,525.00 Annual Interest: 754,487 Avg. Maturity: 9.57 Plus Discount: 16,500 Avg. Annual Rate: 7.169% Net Interest: 770,987 N.I.C. Rate: 7.325% Assessed Valuation: 114,339,670 Average Annual Levy Required: 129,648 1.13 Mills (Levy years 1989 thru 2001) Interest rates are estimates: changes may cause significant alterations of this schedule. The actual undo r.+ritor's discount bid may also vary. IF INDIVIDUAL PERMIT ACTIVITY REPORT Month of SEPTEMBER , 19 BB PERMIT I DESCRIPTION ITYPE NAM.-.T..N V-ATION I PCE9 NUMBfA I PERXIT SURCIIARGE I PLUXBI NG SURCIIARGE BB -171: Attached Ge raga RG Craig Va oda [veal/9 Pelrway or. 5 1,000.00 1 10.00 5 2.00 Btl-1219 Bas an t rtnten AD R1gne[d Kolb/1121 Tandy lana 1,500.00 15.00 .50 OB -1750 BU II61 ng Addltlon AC MCL•onal de/101 uat Oekwood Or. 75,000.00 717.00 17.50 OB -1251 Patio Encloeura AD Mlcnasl Lundsford/]1] Moat 3rd St. ,200.00 82.00 7.10 DO -12)6 9l ogle Feml iy D..l l: ng SP Jeff 0•Nalll/111 KavIn bngleY Or. 68,500.00 11?. 9B 31.75 5 25.00 1 .50 BB -1252 Building Addlt Ron AC Monti EdupI.y t7l II dcer0 Center/ 109 Sandberg Road 56,000.00 111.50 28.00 26.00 .50 BB -1717 ovO Nouaa end Geroge "I".01 AD Ployd werkling/1701 Golf Course Road 0.00 10.00 .5D BB -1751 rtdor i Ai tcnen Gbinat Replecemen AD ArvO Grl mam0/675 Eest River 8t. 1,900.00 15.00 7.25 08.1 55 building Addition AC James Eleele/]11 Yaal !an et. 5,000.00 50.00 2.50 88.1256 building Remodel AC Ploor Care Systeme/111 E. Broadway, Ste. B 3,9n0.00 )5.00 1.75 OB -1757 Si ogle Faml ly Dwelling 8P BUI Bulldar✓1100 Need- Oak Dr. 10,900.00 366.67 71.15 23.00 .50 BB -1219 Basement Pl oleo AD Steven NOlthaua/717 Eavin Longley Dr. 1,5011.00 15.00 .50 BB -1260 Ilouse Shingla Replacement AD Ll ea Wlppal/100 Y. Mtn 8t. 1,900.00 15.00 .50 BU -1261 bull di ng Ra.:I AC Action Plua Temporary Oa rvloas/ 111 East 0loadway, Hte. G 1,500.00 15.00 .50 BB -1267 Mouse i Geroge Shingle Replacement AD Stephan Par or Y. OreaOray 2,900.00 75.00 1.75 OB -1267 U.11dl no' 1-da1 AC Bomino•e Pfau/IBB Y. Broadway 25.000.00 252.00 17.50 77:00 .50 88-1761 Single raslly Dwelling 6► __ Dayle vechaa Co Ill. /308 eta -In Elwood Rd. 55,000.00 796.51 27.90 70.00 .50 08-1265 Dingle Pam)ly Dwelllnq OP BLH b.l l6ars/2780 MOeOor Lane 11,900.00 780.71 75.95 23. DO .50 TOTALS 5]77,000.00 12,950.10 8105.90 $11%00 .3.00 PLATT REVIEW BB -1236 Ding10 really Dralling or Jeff O'Na111/111 Kevin Longley D[. 511.60 BB -17,7 Bingle Pas11y Drel ling 8r BL11 13.11601./1100 Msad.r Oak Dr. 76.66 D0-1761 el ogle Pamtly D -I ling or Bayle vee110. Cone t7306 Mervin Elwood Rd. 39.65 88-1265 Bingle really DWelllog or BLIT Uulldale/2780 M000or Lens 38.07 TOTAL PLAN REVIEW 1 3159.18 TOTAL REVENUE 63.112.26 CITY OF MONTICELLO Monthly Building Department Report Month or September , 19 88 PERMITS AND USES Lae[ This Same Month Leet Year Thlo Year PERMITS ISSUED Month Month Leat Yee[ To Dole To Data RESIDENTIAL Numbs[ 14 11 15 82 90 Valuation $]60,700.00 5246,800.00 1 464,400.00 S 4.378. 100.0 4,408,800.00 roes ],677.60 1,968.86 5,59].7] ]8,582.51 37,36].96 Surcharge. 170.90 123.fi5 271.20. 2,186.24 1,196.75 COMMERCIAL number 7 6 1 19 22 valuation 2N,100.00 136,000.00 10,000.00 707, 1]0.00 1,009,100.00 Ferro 2,057.]0 1,110.50 117.00 5,394.77 8,365.12 Surcharges 122.05 62.75 5.00 755.80 544.70 INDUSTRIAL Number 1 2 1 Veluelion 12,100.00 764,100.00 4,600.00 reea 175.90 4,748.47 46.00 Surchergee 6.05 782.05 2.70 PWNDINO number 5 6 7 51 11 Pees 128.00 14400 164.00 1,687.00 995.00 Surcharges 2.50 3..00 3.50 25.50 16.50 OTRER 9 Ilu"", 1 11 1 Vel ua tion O.DO 03,400.00 0.00 roes . 1000 742. .50 1000 Surcharges .50 41.50 .50 TOTAL NO. PERMITS 22 24 24 165 151 ;1 TOTAL VALUATION 604,400.00 772,600.00 486,500.00 5,920,730.00 7,502,500.00 TOTAL FEES 4,863.02 7,253.36 6,010.63 51,055.25 7:,680.20 TOTAL SURCHAROES 307.45 I08.90 345.75 2,991.09 1.760.35 CURRENT MONTH - PEES I Number, to De to PERMIT NATURE Number PERMIT SURCIIAPrR Valuation This Ye er' Lest yea[ Bingle Family 4 S 11,751.06 5 112.55 3 225.100.00 22 32 Duplaa 1 2 Multi -family 1 3 Commerelal 5 7 Induatrlel 1 1 Rae. Oareges 1 40.00 2.00 4,000.00 7 0 Signs 0 0 Public Dulldings 2 0 ALTERATION OR REPAIR Drapings 6 197.00 8.10 17,700.00 55 37 Commercial 6 1,110.50 62.75 126,000.00 15 16 Industrial 0 1 PW 11 1110 All Types 6 144.00 7.00 33 51 ACC ES50RY OTRUCNRED Brl ming Pmol• 0 1 Dacus 8 9 TEMPOIIAAY PERMIT 0 0 r DEMOLITION 1 10.00 .50 1 1 TOTALS 34 1,351.76 180.90 372,000.00 151 184