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City Council Agenda Packet 10-09-1990AGENDA FOR THE MEETING OF THE CITY COUNCIL Tuesday, October 9, 1990 - 7:00 p.m. Mayor: Ken Maus Council Members: Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen 1. Call to order. 2. Approval of minutes 3. Citizens comments/petitions, requests, and complaints. 4. Public hearing on proposed assessment roll for delinquent charges, and consideration of adopting an assessment roll for the certification with the County Auditor covering delinquent charges. 5. Public hearing on proposed assessment roll for Project 90-03 - Meadows Second Addition Phase II, and consideration of adopting an assessment roll for the certification to the County Auditor. 6. Consideration of resolution declaring costs to be assessed and setting public hearing date on assessment roll - 90SW-1 Sidewalk Project. 7. Consideration of resolution declaring costs to be assessed and setting public hearing date on assessment roll - 7th Street Project - 90-2 Improvement. 8. Consideration of selecting a premium refund option on workmen's compensation premiums through the League of MN Cities Trust. 9. Consideration of approval of Monticello Heartland Express system operation specification and authorize advertisement for bids. 10. Consideration of a request to amend Section 3-1 (I) of the zoning ordinance. 11. Request to amend Section 3-5 [D] 9 (Q) to all driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culverts shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diamotor. Applicant, City of Monticello. 12. Consideration to review Greater Monticello Enterprise Fund (GMEF) approval. 13. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 24, 1990 - 7:00 p.m. Members Present: Hen Maus, Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen Members Absent: None 2. Approval of minutes. Assistant Administrator O'Neill amended item #6, condition #1, to read as follows: The boulevard areas must be maintained in a manner acceptable to City staff, which could require mowing in the boulevard trees and establishment of plants that grow no higher than 15 inches. O'Neill alio amended item #7 as follows: Motion was made by Shirley Anderson, seconded by Dan Blonigen, cancelling Corrow Sanitation's contract upon six months' notice. Motion carried unanimously. Motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the minutes of the September 10, 1990, meeting as amended. 3. Citizens comments/petitions, requests, and complaints. A petition requesting Council action to control traffic speed in front of the public schools was received and reviewed. Shirley Anderson mentioned the need to address the traffic concerns noted by the petitioners. 4. Consideration of a resolution oursuinq acquisition of Outlot A, Country Club Manor. in liou of delinquent taxes and assessments. Administrator Wolfsteller explained that as part of the 1978-1 Improvement project, Outlot A of Country Club Manor received an assessment for street improvements along with sower and water extensions in the original amount of $280,228. The parcel owned by Marvin George has not paid any taxes or special assessments in the last ton years; and with penalties and interest accumulating, the balance owing is approximately $550,000. Since the property is delinquent in its taxes, the county may be including this parcel under its tax forfeiture procedures in the future. It would appear that if the City is Page 1 Council Minutes - 9/24/90 willing to wait long enough, we would be able to obtain title to the property through the tax forfeiture procedures in another year or so. Wolfsteller explained that there is another method by which the City could acquire title to this property in lieu of delinquent taxes and assessments. Under Minnesota Statutes, Chapter 282, the City has the authority to petition to the County Board of Commissioners requesting that the property be turned over to the City as long as the City is willing to use the property for public purpose. The only drawback to this procedure is that if the City obtains title to the property, it is the City's responsibility to pay real estate taxes owing to the other taxing jurisdictions such as the school and the county. Approximately $4,500 of the $550,000 is actual real estate taxes; and unless the school or county agree to abate their portion of the taxes, the City would have to pay this amount to obtain title. City Attorney, Tom Hayes, noted that the county auditor hopes to complete the tax forfeiture sale in 1991; however, the auditor would not commit to doing so in writing. Fran Fair asked Hayes to describe what is meant by "public purpose". Tom Hayes responded by saying that the public purpose requirement would be satisfied simply by selling the property to a developer for the purpose of development of housing. Ken Maus asked Tom Hayes if the county may have been negligent in not assisting the City in obtaining title to this property through the tax forfeiture procedures. Tom Hayes noted that by law, the county could have initiated the tax forfeiture procedures some time ago; however, the county has been reluctant to act on properties with delinquent assessments and taxes on a case-by-case basis, which, in this situation, has created a significant costly delay. Tom Hayes went on to note that Council approval of the resolution pursuing acquisition of Outlet A through the Minnesota Statutes, Chapter 282, will set the wheels in motion that will enable the City to obtain title to this property. Ken Maus noted that this is a good opportunity to explore this method of recovering delinquent taxes and assessments. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to adopt a resolution petitioning the County Board to sell the property to tho City for the unpaid taxes and assessments. Motion carried unanimously. SEE RESOLUTION 90-37. Page 2 Council Minutes - 9/24/90 Consideration of adoption of a ioint resolution accepting petition for annexation submitted by Joanne Halliqer. The Assistant Administrator reported that Joanne Halliger expressed interest in development of her property when she submitted a request for a conditional use permit to the OAA. This conditional use permit would have allowed her to develop four 1 -acre lots on her property at the corner of Gillard and County Road 39. Now that it has been determined that utilities will be extended in front of her property, Mrs. Halliger has elected to request annexation to the city of Monticello. O'Neill noted that this request is consistent with the unsigned joint resolution between the Town of Monticello and the City of Monticello concerning the OAA. This item has been discussed at OAA meetings and has been the topic of discussion at Township Board meetings. O'Neill informed Council that it was his understanding that the Township supports the petition for annexation. Fran Fair asked about the status of the joint agreement between the City and the Township. Assistant Administrator O'Neill informed Council that the Township Board will be placing the joint resolution on an upcoming agenda for further review. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to adopt a joint resolution accepting petition for annexation submitted by Joanne Halliger and directing staff to request placement of the joint resolution between the Town of Monticello and the City of Monticello concerning the OAA on the next Township Board agenda. Motion carried unanimously. SEE RESOLUTION 90-38. Consideration of resolution declaring costs to be assessed and, setting a public hearinq date on assessment roll --Meadows Phase II. Administrator Wolfsteller informed Council that the final project cost has been finaled out at $98,583; therefore, staff recommends the public hearing on adoption of the assessment roll be scheduled for October 9 in order to certify the assessments for the county auditor yet this year. Motion was made by Warren Smith, seconded by Fran Fair, to adopt a resolution declaring costa to be assossed and set the public hearing data for October 9, 1990, for Meadows Phase II, Project 90-03. SEE RESOLUTION 90-39. Pago 3 Council Minutes - 9/24/90 Consideration of extending a moratorium of burninq of certain waste types by use of incinerators in the city of Monticello. Assistant Administrator O'Neill informed Council that September 4, 1990, the State of Minnesota adopted waste management rules affecting the operation of medical and hazardous waste incinerators. Staff is now in a position to develop local regulations that are consistent and complement the regulations that have been prepared by the State of Minnesota; however, staff will not be able to prepare those regulations prior to the expiration of the moratorium on hazardous waste incinerators which will expire in October 1990. Council was asked to extend the moratorium for a period not to exceed 18 months for the purpose of providing time to prepare proper studies needed to protect the planning process and the health, safety, and welfare of Monticello citizens. After discussion, motion was made by Shirley Anderson, seconded by Fran Fair, to adopt an interim ordinance placing a moratorium on burning of certain waste types by incinerators In the city of Monticello. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 197. Consideration of street name change for Laurinq Lane, 7th Street and/or Country Club Road. Public Works Superintendent, John Simola, reported that the City should look into the possibility of changing Lauring Lane, 7th Street, and Country Club Road to one common name as it is essentially the same road. Ultimately, these segments of roadway will be connected and run all the way from County Road 39 on the west to County Road 18 on the east. It is possible that we could define this street as a state aid route upon reaching a population of 5,000. The current configuration utilizing three names does cause some confusion and it may be best for the future to have a single name for this entire route. Shirley Anderson noted that 7th Street in her mind is the beet name for the street as it is easier to find a numbered street than a street labeled with a name. Fran Fair was concerned that people living on Lauring Lane would be negatively impact by being required to change their address; therefore, she supported calling all three segments Lauring Lane. Warren Smith noted his concern that the business owners on 7th Street would prefer the 7th Street address as 7th Street as it Is easier to locate than a Lauring Lane address. Dan Blonigen concurred that street numbers rather than labels are better. During the discussion Kon Maus suggested that the street retain both names one official and possibly one unofficial name. He thought it possible that the page 4 Council Minutes - 9/24/90 post office would deliver mail to both the official and unoffical addresses. After discussion, a motion was made by Shirley Anderson, seconded by Dan Blonigen, to rename Lauring Lane and Country Club Road to 7th Street and direct staff to research the possibility of allowing continued use the Lauring Lane address for those that reside the renamed roadway. Voting in favor of the motion was Dan Blonigen, Shirley Anderson, and Ken Maus. Opposed, Fran Fair. Abstained, Warren Smith. Warren Smith abstained from voting as he currently owns a business located on 7th Street. 9. Consideration of resolution adoptinq a records retention schedule. Karen Doty reported in her staff memo that the City has reached the point were accumulation of records has become a problem as the basement at City Hall has reached its capacity for storage. Doty went on to describe a proposed records retention schedule which if adopted would allow the City to destroy records that the City is not obligated by State Law to maintain. Staff recommended that even though some of the financial records are important to retain for long periods of time and may never be destroyed, most of the liquor store records are not referred to by staff and are not necessary to keep any longer than noted on the retention schedule required by the State of Minnesota and because the basement storage area has reached its capacity, staff recommends that Council adopt the liquor store section of the general records retention schedule as formulated by the Department of Administration and League of Minnesota Cities. Ken Maus noted that the liquor store is a business and there Is no reason to keep records if we don't need them; however, at the same time he noted that the City should got a letter from the City's accounting firm and the City Attorney which varifies the legality of destroying the liquor store records as proposed. After discussion, a motion was made by warren Smith, seconded by Fran Fair, to adopt the resolution adopting the liquor store section of the general records retention schedule as formulated by the Department of Administration and the League of Minnesota Cities and direct staff to obtain a letter from the City's accounting firm and attorney which varifies the ability of the City to destroy said records. Motion carried unanimously. Page 5 Council Minutes - 9/24/90 10. Consideration of review of the proposed 1991 budget of the SWC4. Administrator Wolfsteller reported that each year the SWC4 Cable Commission of which Monticello is a member adopts its own budget for the upcoming year. The joint powers agreement of the SWC4 provides that the annual budget shall be deemed approved by a member community unless that community gives notice in writing that it intends to withdraw from the commission membership. The City Council does not have to necessarily approve the budget. Wolfsteller went on to note that in the budget it is proposed to incorporate funding for government access pilot program for one of its member cities which would provide for cable casting of City Council meetings to subscribers in the City. TWENTY-FVE THOUSAND DOLLARS was earmarked for the purchase of equipment for such purposes and also for staff necessary to operate the equipment during governmental meetings. Shirley Anderson noted that she believed telecasting of Council meetings is coming in the future and she supports the concept. After discussion, a motion was made by Shirley Anderson, seconded by Dan Blonigen, to ratify the proposed 1991 budget of the SWC4. Motion carried unanimously. 11. Consideration of proclaiming Wednesdav, September 26th as Toastmasters Day. Ray Dinius of the Toastmasters Club In Monticello requested that the City Council proclaim September 26th through 29th as Toastmaster's Week in Minnesota. Dinius requested that the Council show its support of this organization via the proclaimation. After discussion, a motion was made by Shirley Anderson, seconded by Fran Fair to proclaim September 26-29 Toastmaster's Week in Monticello. Motioncarriod unanimously. 12. Considoration of final oaymont of Improvement 90SW-1 - Concrete sidewalk and appurtenant work. John Simola reported that the sidewalk construction is complete the bid was based upon the replacement or repair of 9,850 square foot of sidewalk and appurtenant work with a proposed cost of $21,725.00 actual quantity of sidewalk roplacod was 11,351 square feet at a total cost including appurtenant work of $24,459.00. A contractor is paid $13,653.00 with the first partial payment leaving a balanco duo of $10,806.00. Simola recommended that tho Council Pago 6 Council Minutes - 9/24/90 authorize final payment to Witco in the amount of $10,806.00 as the concrete work has been of excellent quality. The few small problems we had with siding are being rectified by the City to the property owners satisfaction. Motion was made by Warren Smith, seconded by Shirley Anderson. Motion carried unanimously. 13. Consideration of purchasing streetscape banners in conjunction with Chamber of Commerce Marketinq Communications Plan. Assistant Administrator, Jeff O'Neill, informed Council that the Chamber of Commerce is in the process of establishing a unified marketing and communications plan for the business community. Part of this plan includes development of a city wide banner system. O'Neill noted that an intregal part of this streetscape design includes development of banners to be hung from the banner arms located on each decorative light and it just so happens that staff was in the process of developing cost estimates for banners when it was discovered that the Chamber of Commerce was considering the same thing. O'Neill went on to ask if Council is Interested in considering development of a banner system in conjuction with the Chamber of Commerce plans. Ken Maus and Warren Smith reviewed the concept behind the Chamber of Commerce efforts to create a unified marketing plan. Warren Smith reported that the unified marketing plan is designed to create a positive shopping image for the City and will assist local businesses as they compete against shopping opportunities outside of Monticello. Shirley Anderson noted that she supported the development of banners and that 508 of the cost should be derived from the Chamber of Commerce. Warren Smith noted that the banner system should also promote the entire business district. Ken Maus reiterated that an atractivo banner system reflects pride in the community; therefore, the entire community benefits from the banners. Shirley Anderson suggested that the funds for the banners should be derived from the liquor store revenue since this item is not in the General Fund Budget. This suggestion was met possitively by other Council members. Warren Smith noted that the businoss community and the City need to promote the City as a whole. We need to compete as a City rather than competing as individual businesses against other businesses outside of the City. The unified marketing program and development of the banner system has grown out of this concept. Fran Fair stated that all sectors, residential and commercial, must work together to remain competitive with other communities. It was the consensus of Council to support Page 7 Council Minutes - 9/24/90 the concept of development of a banner system with the final decision regarding City funding of the project to be established at such time that a refined proposal for development of the banner system is submitted to City Council. Staff was directed to work with the Chamber toward development of a proposal. 14. Consideration of bill for the month of September. A motion was made Shirley Anderson, seconded by Dan Blonigen, to approve the bills as submitted. Motion carried unanimously. 15. Other matters. Ken Maus reviewed a petition requesting slow traffic zones in front of school facilities. Maus suggested that development of slow traffic zones be established at the request of the school. We should inquire as to the school districts opinion regarding the traffic problems in front of both the Pinewood Elementary School and the high school. John Simola noted that he had contacted the Sheriff's Department regarding truck traffic on Highway 75 heading east from the river bridge. He was informed by the Sheriff's Department that trucks are obeying speed limits and that in order for the City to patrol this area consistently in the morning, the City will have to pay additional patrol coverage as part of the contract with the Sheriff's Department. Ken Maus brought up the idea of hiring a single officer that would be deputized to do nothing but inforce traffic laws. He noted that the City's ability to direct traffic onforcement efforts would be increased greatly if we hired a porson for that specific purpose. Council also discussed development of a pilot program for Sunday bus service. Assistant Administrator, O'Neill, Informed Council that the Monticello Transportation Advisory Committee is recommending the Council begin a pilot program for Sunday service which would call for Heartland Express service to run from approximately 8:00 in the morning until 12:30 afternoon on Sunday. The total cost of this program to be run between November 1 - December 31 is $400.00. O'Neill went on to inform Council that the City recently received a grant of $3,000.00 to operate transit programs that benefit the elderly. This pilot program could be financed by this particular grant. In addition, the City received $1,000.00 from the Lion's Club for transit programs. This is an additional source of revenue for a Sunday transportation service. Page 8 Council Minutes - 9/24/90 After discussion, a motion was made by Fran Fair, seconded by Warren Smith, to initiate a pilot program for the provision of transportation service on Sunday mornings from 8:00 - 12:30. Motion carried unanimously. There being no further discussion, the meeting adjourned. P;5r AW Jeff O'Neill Assistant Administrator l Pago 9 Counc11 Agenda - 10/9/90 4. Public hearing on proposed assessment roll for delinquent charges. AND Consideration of adopting an assessment roll for the certification with the County Auditor c overinq delinquent. charges. (R.W.) A. REFERENCE AND BACKGROUND: Annually, the City Council is asked to adopt an assessment roll for those accounts which are delinquent (amount is over 60 days past due) on the assessment roll to be certified to the County Auditor for collection the following year with the real estate taxes. Minnesota statutes allow for special assessments to be collected for various types of current services that are delinquent. Those people whose accounts are delinquent have been notified of the public hearing tonight and are given an opportunity to present input if they so desire. It is recommended that the delinquent accounts be put on an assessment roll for certification in 1991 at an interest rate of 8%. As in the past, if any of the accounts are paid by the time the assessment roll has to be delivered to the County Auditor, they will be removed from the assessment roll. B. ALTERNATIVE ACTIONS: 1. Adopt the assessment roll for delinquent charges as prosonted. 2. Do not adopt the assessment roll. C. STAFF RECOMMENDATION: It is recommended that any individual who has not paid their account in full by November 1, 1990, be certified to the County Auditor for collection with next year's taxes. Numberous bills have been sent to these individuals and a public hearing notice has been issued advising them of this last opportunity. D. SUPPORTING DATA: Copy of resolution adopting assessment roll and complete listing of delinquent sewer and water accounts and other service charge accounts. RESOLUTION 90 - RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent sewer and water billings and other service charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefited by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January, 1992, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. 3. The owner of the property so assessed, may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with Interest accrued to the date of payment, to the City Treasurer, except that no Interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax list of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 9th day of October, 1990. Mayor City Administrator NAME Delinquent City Servicee: Kramer, Marvin Graham, Robert Olson, Brian O. Gildersleeve, Dick McCarty, Clarence Monticello Auto Body (John Johneon) Wilder, Michael (Jamos Fritz) Ultra Homoe J IAT BLR 6 B 10 5 1 3 4 3 4 6 12 14 2 3 s 6 7 B B 5 5 2 `i 1990 DELINQUENT AOMBSKMff FOIS DESCRIPTION AMOUNT PID# ADDITION #2690 Bawer hookup 359.70 155-500-113207 02629 mowing 33.00 155-014-003060 Nog Lund Addn 33.00 155-014-003080 " 32.00 155-014-003100 " #2720 fire hydrant 116.48 155-031-002090 damage #2705 water valve 37.80 155-013-002110 #2639 tree removal 196.00 155-015-005130 # 2 6 7 4 v a r i x nc o 192.50 155-027-002040 requoat 6 ordinance amendment 02645 mowing 117.60 155-045-002050 Meadow Oako 2nd #2627 mowing 14.77 155-044-001010 Meadow Oak Ent 14.77 155-044-002030 " 14.77 155-044-002040 " 14.77 155-044-003030 '• 14.77 155-044-003040 14.77 155-044-003060 14.77 155-044-003120 " 14.77 155-044-003140 14.77 155-044-004020 " 14.77 155-044-004030 " 14.77 155-044-004050 '• 14.77 155-044-004060 '• 14.77 155-044-004070 " 14.77 155-044-004080 " 14.77 155-045-002060 Meadow Oaks 2nd 14.77 155-045-004050 " 14.77 155-045-006050 IAT BLR 6 B 10 5 1 3 4 3 4 6 12 14 2 3 s 6 7 B B 5 5 2 :k) NAME DESCRIPTION AMOUNT PID• ADDITION LOT BLR Ultra Homes (cont.) 14.77 155-057-001040 Meadow Oaks 3rd 4 1 14.77 155-057-002010 1 2 14.77 155-057-002020 2 2 14.77 155-057-002060 6 2 14.77 155-057-002070 7 2 14.77 155-057-002080 8 2 14.77 155-059-002060 Meadow Oaks 4th 6 2 14.77 155-059-002070 7 2 14.77 155-059-002090 9 2 14.77 155-059-002100 10 2 14.77 155-059-002120 12 2 14.77 155-059-003030 3 3 14.77 155-059-003060 6 3 14.77 155-059-003070 '• 7 3 14.77 155-059-003080 8 3 Delinquent City Utilities Kruse, Ed A00900A 32.74 155-010-054090 Haan, Tom A020000 93.45 155-010-055090 Past Photo Imago Cantor A076000 72.47 155-010-053100 (Paula Holkor) Sonstaby, Randy A120000 190.03 155-030-045010 Walters, Sondra A136000 38.90 155-010-040080 Halvorson, Mary A144000 321.33 155-030-038060 Loch, Alan A162008 75.60 155-010-035130 Hildobrandt Investors A170000 219.87 155-010-034140 (Marland Hildebrandt) Pearson, John A17100A 127.31 155-010-034130 Hammer, Gary i Kristina A175000 603.24 155-010-034060 Movi000n, David 8012008 51.23 155-010-038050 (Ed Damara) :k) NAME Mengeltoch, Lawrence Ludders, Earle Rowan, Kathleen GMAC Mortgage Corp (T. Reimer 6 S. Myers) Veit, Vaughn (The Grainory) Allen, Donne Langer, Al Hanson, Robert Munson, Gerald Seig, Guy Whaylon, Daniel (Bileon Riebol) Pocklington, Arlan (Brands Wheat) Amoric-Inn W. J. Murphy Proelia, Michael 6 Kathleen Pribyl, Roger Topol, Dick Alfano, Richard (Daniol Peterson) McCarty, Clarence J �.J DESCRIPTION AMOUNT PID# ADDITION 8019000 31.61 155-010-039020 8023000 36.85 155-010-040020 8054000 493.46 155-010-029060 8127000 262.84 155-010-020070 B12900A 22.40 155-010-020081 8154000 97.47 155-010-011040 8156000 45.17 155-010-011020 8159000 45.08 155-010-010060 8161000 143.59 155-010-010011 B189000 190.08 155-010-081070 B19200A 91.52 155-010-081031 8195000 77.36 155-010-080030 8217000 1211.04 155-010-003040 622100A 34.11 155-010-005090 CO25000 65.58 155-015-010011 0026000 82.07 155-015-010010 C04100A 69.82 155-015-001031 C057000 216.95 155-015-005110 J LOT BLK ADDITION LOT BLK NAME DESCRIPTION AMOUNT PID• Gilles, David 6 Barb C058000 45.08 155-015-005120 (Cindy Olson) B -Clean Laundry C077000 950.11 155-015-005010 Wayne 6 Heidi Bachler Finley, Julia C101000 178.80 155-015-025040 (Kevin Harper) Greeninger, George 6 C12200A 54.77 155-015-013080 Diana Tanner (James Johnson) Wright County State Bank C13800A 162.01 155-010-069020 Agosto, James C145000 298.82 155-040-003030 Sonateby, Gerald C184000 176.19 155-010-070100 Pederson, Robert C218000 80.35 155-015-038031 Maas, Christopher C220000 243.06 155-015-043060 Knoaalla, Mary 0248000 61.52 155-019-005060 Cox, Wayne C251000 248.00 155-019-008020 Hanavalt, James 6 Lynott D016000 47.77 155-500-034305 James, Duane 6 Cynthia D10200A 20.12 155-023-001020 (Mark Farnum) Hoikoo, Don D10500D 66.80 155-500-034200 (Donnie Robertson) Hoikoe, Don D109000 112.38 155-500-034200 (Cheryl Gabhart) Hoikoe, Don D13800A 39.23 155-500-034200 (David Stromssn) Hahn, Earl D132000 270.38 155-021-001040 ADDITION LOT BLK ADDITION LOT BLR NAME DESCRIPTION AMOUNT PIDI Ferguson, Mark D138O0A 20.42 155-021-0020 30 (John Johnson) Piatt, Gerald D14OOOO 119.09 155-021-002050 Larson, Leland D144O0A 116.71 155-021-002090 (Michael Woodward/VA) Damara, Paul D149OOO 142.63 155-021-002230 Farmer's Home Admin D172OOO 342.17 155-024-001020 (Burnette Chriotophov eon) LFS Nationwide D174OOO 179.95 155-024-001040 (Dan Schumacher) Conroy, Steve D191OOO 73.85 155-024-001110 Cochran, John D195OOO 65.30 155-024-002030 Mitchell, Rent 3008000 253.81 155-030-001100 Wright County State Bank EOO9OOO 245.58 155-030-001020 (Kimberly Fieotto) Daniolo, Tod 6017000 62.63 155-033-003030 Anderson, Joyce 3019000 119.51 155-033-002140 (Donnie Rose) Haugoto, Ricky 6065000 356.98 155-033-001350 Skinner, Michael 9O65AOO 183.71 155-033-004010 Palmieano, Peter FO16OOO 84.09 155-026-003090 Goordt, Jlllian FO1BOOO 106.04 155-026-003 110 Drahota, Margaret PO24OOO 561.26 155-031-003030 Olson, Brian PO29OOO 60.32 155-031-007090 Reynolds, Linda PO33OOO 214.35 155-031-002050 ADDITION LOT BLR J ADDITION LOT BLR NAME DESCRIPTION AMOUNT PID# Chandler, Michael P034000 154.36 155-031-002040 Miller, Sandra F036000 59.45 155-031-002020 (Rueeell Andereon) Haee, Lorrell P038000 59.38 155-031-001010 Collette, James P041000 319.39 155-031-001070 VanMoveren, Jamoe P042008 243.52 155-031-001060 (Joel Havkine) Roaeberg, Kenneth F043000 77.32 155-031-004010 Opay, Verona P047000 24.50 155-031-004050 Prouoeo, James P051000 83.04 155-026-001070 Torell, Luke P054000 368.75 155-026-001040 Holthauo, Tom P07500A 130.12 155-035-004120 (Ed Mary) Shelby, Doloroo 6 Earl F078000 92.58 155-035-004100 Domko (Mark Oilloo) Holthauo, Randy P082000 43.01 155-035-001020 (Biloon Martineon) Holthaue, Randy P083000 32.67 155-035-001020 (Richard Walborg) Holthaue, Randy F08300C 20.98 155-035-001020 (Kenneth Mueller) Holthaue, Stove P09400A 74.45 155-035-001090 (Wayne Helcon) Koranda, Lloyd P09600C 101.02 155-035-001100 (Kara Herron) Dencor, Joyce P092N00 9.12 155-035-002030 Schmitz, Jack P098000 268.75 155-035-001110 J ADDITION LOT BLR J ADDITION LOT BLR NAM DESCRIPTION AMOUNT PID# Carter, Larry 0009008 30.60 155-037-010030 (Vic Bout, Jr.) Nelson, Roselle G023000 59.60 155-037-008040 Haaland, Elwood G063000 2.04 155-016-000100 Blonigon, Patric G071000 8.14 155-017-002050 Weiebrod, William 6103000 158.50 155-044-003070 Herter, Michael G115000 356.28 155-045-002010 Poikert, Robin O11BO0o 76.69 155-045-002040 Kraft, Gary G128000 45.08 155-045-005050 Rising, Michael 6130000 200.88 155-045-006020 Ven Schaick, Donald G133000 321.96 155-045-006060 Paulue, Annette G146000 .29 155-045-003020 Pareone, Bruce O15100A 101.11 155-057-002030 (Michael Cyr) (Richard Oilgan) Pareono, Bruce 0151000 116.21 155-057-002030 (Michael Cyr) (Prancie Rajkowokl) Silver Pox Inn 0400000 2213.28 155-500-142103 Dragaton 6 Dregotorf Vanco'o Stannard G412000 1026.92 155-034-001030 Langley, William RO83UO0 8.15 155-035-003010 Ertel, Olen R085A30 8.36 155-015-003010 Muncon, Gerald R161D00 46.84 155-010-010011 J ADDITION LOT BLR 0 ADDITION LOT BLK NAME DESCRIPTION AMOUNT PID# Hickey, James R230BOA 23.63 155-041-001050 Proveeco, Inc (Joseph) Hickey, James R23000A 9.12 155-041-001050 Proveeco, Inc (Gilles) Eidenechink, Joseph R232C00 15.72 155-041-001030 Proveeco, Inc (Schwartz) Eidonschink, Joseph R232D00 15.28 155-041-001030 Provooco, Inc (Johnna Nelson) Eidonschink, Josoph R232DOA 21.84 155-041-001030 Provooco, Inc (Stanton) Provoeco, Inc R237A00 31.64 155-047-000030 (Elko Klatt) Proveeco, Inc 8237800 8.36 155-047-000030 (Rachel Rasmussen) Provoeco, Inc R239A00 30.66 155-047-000040 Provesco, Inc R240B00 24.40 155-047-000020 (D. Anderson) Kramer, Marvin R513BOA 9.12 155-500-113207 (Richard Roster) Gills, Fred 9510000 45.47 155-500-033401 L 6 W Associates 951400A 4.56 155-500-142401 0 ADDITION LOT BLK NAME DESCRIPTION AMOUNT River Terrace Lot 30 2310000 24.82 Lot 13 931300A 45.47 Lot 14 9314000 9.12 Lot 19 9319000 32.96 Lot 21 9321000 45.47 Lot 28 232800A 40.31 •Lot 29 932900A 16.12 Lot 30 9330000 45.47 Lot 36 9336000 23.42 Lot 40 9340000 9.12 Lot 53 9353000 22.42 Lot 65 936500A 9.12 Rjollborq'o. Inc Lot 1 9100100 9.12 Lot 2 9100200 45.50 Lot 4 910040A 9.12 Lot 6 9100600 9.12 Lot 7 9100700 17.47 Lot 14 9101400 47.24 Lot 15 9101500 40.10 •Lot 16 9101600 30.98 Lot 17 910170A 17.26 Lot 18 9101800 22.42 Lot 100 9110000 25.61 Lot 104 9110400 30.77 Lot 106 9130600 8.14 Lot 110 9111000 9.12 Lot 113 9111300 22.42 Lot 203 9120300 9.12 Lot 204 1120400 40.30 Lot 205 9120500 45.47 Lot 206 8120600 9.12 Lot 208 1120800 45.47 Lot 211 1121100 24.40 Lot 213 91213 00 45.47 Lot 216 9121600 45.47 Lot 223 912230A 4.56 Lot 305 81305 OA 24.82 Lot 309 1130900 45.47 Lot 310 8131000 23.84 Lot 316 1131600 45.47 Lot 317 1131700 35.54 J PID• 155-500-031300 155-500-155403 ADDITION LOT BLR L. NAME VES Rjellberg's (coni.) Lot 401 £140100 Lot 404 2140400 Lot 405 2140500 Lot 407 214070A Lot 410 2141000 •Heisick, Terry 0061000 (Bidal Duran) -Veit, Vaughn 8129000 (Loland Boed) •Lundblad, Karen D081000 •Heikee, Don D105800 (Lanny Metcalf) •Hoikoo, Don D10800C (Tom Barry) (Chris Burgoyne) •Hoikoo, Don D10800D (Tom Barry) -Burkholder, Doug P040000 •Haaland, Elwood C063000 -Converse, Ravin G Brenda C12400A (Robinson, Joan) -Paulus, Annette 0148000 CRIYTI oN AMOUNT PID# 155-500-155403 9.70 9.12 13.12 9.12 9.12 127.53 155-010-030070 101.06 155-010-020081 54.19 155-020-003011 43.89 155-500-034200 37.39 155-500-034200 20.03 155-500-034200 56.74 155-031-001080 50.36 155-016-000100 166.26 155-045-005010 122.00 155-045-003020 ADDITION LOT SLK Council Agenda - 10/9/90 5. Public hearing on proposed assessment roll for Project 90-03 - Meadows Second Addition Phase II. AND Consideration of adopting an assessment roll for the certification to the County Auditor. (R.W.) REFERENCE AND BACKGROUND: Recently, final payment to Redstone Construction on the Meadows Second Addition Phase II improvement project was approved by the Council and the staff has developed an assessment roll totaling $98,583.40 for the 13 lots within this development. Each of the lots has a total cost of $7,583.34. Matt and Steve Holker, along with Tom Holthaus are the owners of the property involved and originally petitioned f=or the improvements and also entered into a developers agreement with the City for this project. The developers agreement ca11s for the assessments to be spread over the entire project as a whole for the 13 lots and indicates that double assessments would be payable for each lot when an occupancy permit is granted. The City has already received payment for two lots (=15,166.67) and is expecting payment on two more lots within the next week or so. As a result, by the time the assessment roll is adopted, the balance will already have been reduced from $98,000 to approximately $68,000. The developers expect to close on an additional home within the next month leaving the assessments outstanding at approximately $53,000 by the end of the year. It is anticipated that the City will receive its entire assessments for this improvement project by next spring. Normally, when an assessment roll is adopted and certified to the County Auditor for collection, interest is charged on the assessment balance for the entire year (in this case t ho year 1991) regardless of when the assessments are paid. I in light of the fact the developers have a seporato agreement w ith the City requiring two assessments to be paid for each occupancy and it Is expected that the assessments will be paid In full early next year. If the assessment roll is certified to the County by November 1, the developers would be paying i ntorest for the entire year regardless of when the assossmornte are paid. Originally the City had planned on financing this improvement In-house rather than through a bond sale, and it is suggested that the assessment roll be adopted but that the first Installment not be certified until the year 1992 , since it is expected that the assessments will be paid in ful 1 prior to this date. This would avoid the developers being charged for additional interest cost if the assessments aro paid early. The City would still receive its normal interest Council Agenda - 10/9/90 \- charge on the assessments but would eliminate certifying the assessment roll and then removing them upon payment which is expected early. The assessmenL rull would un officially adopted Tuesday night, but all assessment payoffs would be received directly by the City rather than through the County during 1991. B. ALTERNATIVE ACTIONS: 1. Adopt the resolution adopting the assessment roll of $98,583.40 with the first installment due in the year 1992. 2. Adopt the assessment roll with the first installment due in the year 1991. This will probably result in the developers being responsible for an entire year's interest for 1991 even though the assessments are expected to be paid earlier in the year. C. STAFF RECOMMENDATION: Since the developers have entered into an agreement that requires double assessments to be paid for each occupancy and considering that approximately half of the assessments will be paid by the end of the year in full, it is recommended that the assessment roll under alternative N1 be adopted which would require the first installment to be payable on any balances during the year 1992. Our original bond sale for this improvement project anticipated an assessment roll over 10 years and since the City will have collected approximately half of the money in advance, there is no need for us to certify the first year's installment immediately. D. SUPPORTING DATA: Copy of resolution. RESOLUTION 90 - RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passes upon all objections to the proposed assessment for the improvement of Crocus Lane and Crocus Circic within, the Meadows 2nd Addition with sanitary sewer, water main, curb and gutter, bituminous paving, and appurtenant. work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included and hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of five years, the first of the Installments to be payable on or before the first Monday In January 1993 and shall bear interest at the rate of 8.1258 annum from the date of the adoption of this assessment resolution. To the first Installment shall be added Interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent Installment when due shall be added interest for one year on all unpaid installments. 1 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with Interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next euccooding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax ].lets of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of October, 1990. Mayor City Administrator Council Agenda - 10/9/90 Consideration of resolution declarinq costs to be assessed and setting public hearing date on assessment roll - 90SW-1 Sidewalk Project. (R.W.) REFERENCE AND BACKGROUND: The final payment to Witco, Inc., sidewalk contractor for the City was recently approved by the Council and the staff has been putting together the entire cost of the project for developing an assessment roll. Tom Bose has gone through the project cost and allocated each property owner's share within the grid system based on the Council's previous policy of assessing 25% of the project cost. The total construction cost to Witco was $24,442.79 with an additional $9,352.13 being added to the construction cost for the City's removal of the sidewalks based on our bid price of $.90 per square foot. This makes a total project cost of $33,794.92. The assessment roll has been calculated by Mr. Bose and using the policy established, $7,257.53 of the project cost would be assessable to benefiting property owners. In order to proceed with the public hearing on adoption of the assessment roll, the resolution setting the public hearing should be adopted. Two weeks publication along with two weeks notice to the affected property owners is required and the public hearing would be scheduled for Tuesday, November 13, 1990. ALTERNATIVE ACTIONS: Adopt the resolution declaring the costs to be assessed and setting the public hearing for November 13, 1990. STAFF RECOMMENDATION: Since the project has been finalized and the assessment roll has been prepared, all that remains is to set a public hearing date to officially adopt the assessment roll. If the Council wishes to change the 25% assessment ratio, this must be done now in order for the staff to develop a now assessment roll for the public hearing notice. D. SUPPORTING DATA: Copy of resolution required. RESOLUTION 90 - RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND SET'T'ING A HEARING ON PROPOSED ASSESSMENT WHEREAS, a contract has been let and the coetR determined for the improvement of various sidewalks within the city of Monticello's grid system, and the contract price for such improvements Is $24,442.79, and ti -ie expenses incurred or to be incurred In the making of such improvements amount to $9,352.13, so that the total costs of the improvement will be $33,794.92. NOW, THEREFORE, BE IT RESOLVED BY -THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby estimated to be $26,537.39, and the portion of the cost to be assessed against benefitted property owners is estimated to be $7 , 257. 53. 2. The City Administrator shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. A hearing aha 11 be hold on the 13th day of November., 1990, In the City Ha11 at 7:00 p.m. to pass upon such proposed assessment, and at such time and place all persons owning property aff ectod by such improvement will be given an opportunity Lo be heard with reference to such assessment. 4. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once In the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement, lie shall also cause mailed assessment roll not lees then two weeks prior to the hearings. Adopted by the Co►ancil this 9th day of October, 1990. Mayor City Adminietrato� 62) Council Agenda - 10/9/90 Consideration of resolution declaring costs to be assessed and setting a public hearinq date on assessment roll - 7th Street P ojact - 20-2 Improvamc.t. (n. w.� A. REFERENCE AND BACKGROUND: With the 7th Street Improvement Project nearing completion, the staff is compiling the cost of the project for preparation of an assessment roll. The City has been working with Brett of OSM in developing the final cost of the project that would be assessable to the benefiting property owners including Lincoln Properties. This improvement project was in conjunction with the tax increment financing district established for the K -Mart store and TSF revenue is anticipated to cover some of the cost associated with land acquisition for the 7th Street Improvement. The estimated construction cost of 7th Street will be $261,523.00 with an additional $75,083.00 for engineering and other indirect costs. The total project costs for the improvement and all TIF related costs are estimated at $576,365.00, which includes the acquisition and costs associated with the Pratt and Holthaus properties. In order to develop the assessment roll, the Council should set a public hearing date on the adoption of the assessment rolls to those affected property owners. Two weeks publication is required and as a result it Is suggested that a public hearing be scheduled for Tuesday, November 13, 1990, Council meeting. B. ALTERNATIVE ACTIONS: 1. Adopt the resolution declaring the costa to be assessed and set the public hearing for November 13, 1990. 2. Do not set the public hearing at this time. The staff will be able to develop the assessment roll prior to the hearing and there is no reason to wait until next year to establish the assessments. C. STAFF RECOMMENDATION: It is recommended that the resolution be adopted and staff be authorized to prepare the final assessment roll for the public hearing. D. SUPPORTING DATA: Copy of resolution. V� ll RESOLUTION 90 - RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND SETTING A HEARING ON PROPOSED ASSESSMENT WHEREAS, a contract has been let and the costs determined for the improvement of 7th Street from Locust Street to Minnesota Street, and Minnesota Street from the existing bituminous south of 6th Street to 7th Street, with bituminous overlay, curb and gutter, and improvements to Minnesota Street and 7th Street with extensions of sanitary sewer, water main, storm sewer drainage facilities, and appurtenant work, and the contract price for such improvements is $ 1 and the expenses incurred or to be incurred in the making of such improvements amount to S , so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby estimated to be $ , and the portion of the cost to be assessed against benefited property owners Is estimated to be E 2. The City Administrator shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public Inspection. 3. A hearing shall be hold on the 13th day of November, 1990, In the City ilall, at 7:00 p.m. to pass upon such proposed assessment, and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assossment. 4. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once In the official newspaper at least two weeks prior to the hearing, and he shall state In the notice the total cost of the improvement. lie shall also cause mailed assessment roll not lose than two weeks prior to the hearings. Adopted by the Council this 9th day of October, 1990. Mayor City Administrator n) Council Agenda - 10/9/90 Consideration of selecting a premium refund option on workmen's compensation premiums throuqh the Leaque of MN Cities Trust. ,R.-.;) REFERENCE AND BACKGROUND: For the past five years, the City has had its workmen's comp. insurance coverage through the League of MN City's Insurance Trust Program. Up until this year, the City has not had an option to establish our premium based on our own claims experience but were considered part of the group of all Minnesota cities insured by the League. They have changed the policy and are now allowing cities such as Monticello with premiums in the $25,000 - $50,000 range to select a premium refund option that determines our actual premium for a year based on our own loss experience. Our insurance period begins October 10, 1990, and will run until October 10, 1991. The estimated annual premium based on our employee's payroll is estimated at $32,059.00. Under the normal option that we have had in effect for the past five years, this premium is considered a guaranteed amount and only fluctuates based on our actual payroll cost at the end of the year. Starting with this policy period, the City can elect this new premium refund option which determines our actual premium cost based on a minimum premium plus 120 percent of our losses incurred during the year with a maximum premium of 115 percent. In other words, our $32,000.00 premium could be as low as $22,400.00 or as high as $40,135.00 if we select this option. In a nut shell, the City could save $9,600.00 on its premium or it could pay an additional $8,000.00. If the City was to select this new option, we are in effect gambling on the hopes that our safety record is good and that workmen's comp. claims are not excessive by the City employees. In reviewing the formula used, before the City would exceed its normal premium cost of $32,000.00 for next year, we would have to file and the insurance company would have to pay claims for at least $8,000.00. While past history is not necessarily a good indication of future claims, I reviewed the past five years to see what dollar amount of claims have boon paid on workmen's comp. In all of the past five years, had we had this option available, it appears that the City would have received a refund of varying amount each year. Attached is a schedule indicating what the dollar amount of claims were and the projected refund had this boon In effect for those policy years. For example in this last policy year which expires October 10, 1990, the City has only had one claim costing $35.00. During prior years, we have had as many as six workmen's comp. claims with total cost varying between $3,600.00 to $6,100.00 in losses. Council Agenda - 10/9/90 Politically, I'm not sure whether the Council wishes to take a gamble as you may be criticized if we experience large losscc for an injury and the City has to pay an addition $8,000.00 more than it had to. On the other hand, we would all like to save insurance premiums if is feasible. No matter which option is selected, the employees of the City are really the determining factor on our premium cost. It is the intent of the staff to get more involvtad with safety programs for all the employees including safety workshops, training films, and other procedures recommended by both our Insurance carriers and the Minnesota Safety Council. The staff intends to promote safety amongst the work place regardless of which option the Council wants to select, but hopefully more safety programs will result in less workmen's comp. claims. Another factor that could help reduce workmen's comp. claims and promote safety is if the employees were able to share in the premium savings if their safe=ty record was reasonable. For example, if the employees were able to receive a credit on their health insurance contributions for half of the premiums we were able to save on our workmen's comp. coverage because of their safety record, the employees may be more safety conscious. I'm not saying that the employees have to be rewarded to be safety conscious but it may help. This would be setting a new trend by the Council in indicating that if the employees safety record is excellent, they would receive some of the City's savings in insurance cost. On the other side, if high loss claims resulted in the City spending more for insurance premiums then were originally estimated, the Council could indicate that until the City recoups its extra premium cost, no additional credits would be given to the employees for health insurance coat. ALTERNATIVE ACTIONS: 1. Continue to stay with the present program and possibly share In any regular distribution of surplus funds if there aro any through the League Insurance Policy. This would establish our premium for next year at approximately $32,000.00 and if a refund is issued on a group basis, the City would participate at that time. The insurance trust has not issued any refunds under this option for tho past five years. 2. Select the alternative refund option which bases our actual promium cost at the end of the policy on our loss record. This could result in the City's premium cost being as low as 322,441.00 or as high as $40,135.00 depending on actual losses next year. Council Agenda - 10/9/90 3. Select the alternative refund option and encourage employee safety in the work place by offering to share Any premlpm refunds with thnpicya_e It i^ ..,.. ..w that any sharing of a refund be through a credit against the employees present health insurance monthly contribution rather than as a direct payment. C. STAFF RECOMMENDATION: While this is something the Council has not had to address in the past, it really boils down to whether the City is willing to gamble on its insurance premium. Politically, I certainly understand where you may be criticized for not taking a guaranteed premium amount when you are not able to control the employees safety record. Accidents can happen and we can be subject to a workmen's comp. claim at any point in time. While our past five years history has indicated we would have received some type of refund had we had this option available to us, there is no guarantee that our next claim would not be a major one. The City can elect this option on an annual basis and is not committed to more than one year at a time. While I feel the employees may be more safety conscious if there is an incentive, it is only theory. The staff does not have a firm recommendation one way or the other. D. SUPPORTING DATA: League of Minnesota Cities Premium Option Letter. League of Minnesota Cities Insurance Trust Workeri Compeasation and Employers Liability Agreement Administrator Employee Benefit Administration Co. P.O. Box 59143, Minneapolis, MN 55459-0143 Phone (612) 544-0311 NOTICE OF PREMIUM REFUND OPTION At the end of each year (January 1) of the League of Minnesota Cities Insurance Trust Self - Insured Workers' Compensation Program a distribution of excess surplus funds, if any, will be returned to participants under a formula taking into account the earnings and claims experi- ence of the Trust, as well as the loss records of individual participants. As an alternative, participating cities with a discounted standard premium in oxcess of $25,000 may elect to have their distribution made to them in an amount determined by their individual loss experience and premium size. Final net cost to an electing participant will be discounted standard premium times minimum factor, plus losses times loss multiplier, not to exceed standard premium times maximum factor. Payroll amounts audited after the close of the year will be used in the determination of final net cost. For cities with a discounted slandard uremium of 25.000 - 50.000 Over 50.000 Minimum = Discounted Standard Premium x 70% 471% Loss Multiplier 120% 120% Maximum = Standard Premium x 115% 130% If this election Is made, the final net cost of your workers' compensation insurance for the coming agreement year, based on estimated pnyrutl, would be between a mirtimur n of $ 22.441.00 and a maximum of $ 40,135.00 depending upon your losses. Adjust- ments will be made six months after the close of your agreement year and annually thereafter. Please return a signed copy of this notice to the administrator with your application for cover- age If you wish to elect this option. If this election is not made you will share In the regular distribution of surplus funds, if any. Yes, we wish to select the Alternative Refund Option. Agreement Period: Name of City: 01.y of Mon L i ce l l o 10-10-90 to 10-10-91 By: Title: Date: This election connot be accepted unless received In the offices of the plan administrator by the beginning of your agreement period. ERA 450 (121" Workmen's Compensation Claim History �- Policy Actually Amounts Total # of Year Paid In Reserve Cost Claims 10/89 to 10/90 $ 35 $200 $ 235 1 10/88 to 10/89 3,631 0 3,631 6 10/87 to 10/88 4,404 0 4,404 3 10/86 to 10/87 6,143 0 6,143 2 10/85 to 10/86 871 0 871 6 Council Agenda - 10/9/90 Consideration of approval of Monticello Heartland Express system operation specification and authorize advertisement for REFERENCE AND BACKGROUND: Council is asked to consider approval of the attached bid specification and is asked to authorize advertisement for bids. As you recall, the 1990 contract with Hogland Transportation was not established as a result of a formal bidding process. This was allowed by the State of Minnesota Department of Transportation because first year system operation is difficult to predict; therefore, it is difficult to design a bid spec for providing service during the first year of operation. After almost one year of service, the Heartland Express is now in a position to execute a proper bidding process for service operation in 1990. As you will note in the bid specification, there is an alternate which asks bidders to outline service charges with the City owning the bus. At this time, it is not expected that this alternative will be chosen, as it appears from preliminary investigations that owning the bus may not bring significant savings. Staff will present options for purchase of a bus if it is found that we can reap significant savings from such a purpose. The bid specification has been reviewed, and it has received tentative approval from MNDOT. Advertising for bids will not take place until final approval of the specification is received in writing. ALTERNATIVE ACTIONS: Motion to approve proposod Monticello Heartland Express system operation specification and authorize advertisement for bide. If Council remains comfortable with contributing financially toward operation of this service in the manner that it is now being delivered, this option should be selected. Motion to deny approval of proposed system operation specifications and deny authorization to advertizo for bids. If Council desires to withdraw financial support of the operation or if Council desires to make significant changes to the method of operation, this alternative should be selected. Council Agenda - 10/9/90 C. STAFF RECOMMENDATION: Staff recommends alternative 1. D. SUPPORTING DATA: Copy of proposed bid specification. SPECIFICATIONS MONTICELLO HEARTLAND EXPRESS DIAL -A -RIDE HUS SYSTEM CITY OF MONTICELLO MRIGHT COUNTY, MINNESOTA Date: AuquSt 27, 1990 BUS SPECIFICATIONS: 8/27/90 Page 1 ADVERTISEMENT FOR BIDS MONTICELLO HEARTLAND EXPRESS 1991-1992 NOTICE IS HEREBY GIVEN that sealed Dr000sals will be received by the City Council of the City of Monticello, Minnesota, up to on the day of , 1990. The operation of the City of Monticello Heartland Express dial -a - ride system for the years 1991 and 1992 as per specifications are on file in the office of Jeff O'Neill, Assistant Administrator, City Hall, 250 East Broadway, Monticello, Minnesota. Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of five percent (58) of the total amount of such proposal, and such certified check, cashier's check, or bid bond is to be made payable to the order of the City of Monticello. Each proposal shall be signed, sealed, and endorsed on the outside of the envelope with the notation "Proposal for the Operation of Monticello Heartland Express Dial -a -Ride Service," addressed to Jeff O'Neill, Assistant Administrator, and mailed or delivered to his office in the City Hall, 250 East Broadway, PO Box 1147, Monticello, Minnesota 55362. No bids will be received after the specified hour and date. Any such bid received will be returned unopened. The City Council of the City of Monticello, Minnesota, reserves the right to reject any or all bids and to waive any informalities and to award the contract to the best interest of the City. Jeff O'Neill Assistant Administrator City of Monticello BUS SPECIFICATIONS: 8/27/90 Page 2 BID SPECIFICATION MONTICELLO HEARTLAND EXPRESS 1990-1991 T. rF..NF..RAT. nRQl,RTVTT0N A. ORGANIZATION The Heartland Express is organized and monitored by the City of Monticello under a contractual arrangement with a private transportation service provider. The Heartland Express was operated through 1990 as a "demonstration project." Selection of the service provider for budget year 1991 will be the result of a formal bidding process and in keeping with state requirements. The private transportation service provider selected will be responsible for the day-to-day operation of the transit program. The transportation system provider is responsible for hiring, establishing wages, and terminating all employees working in conjunction with the Heartland Express. The City of Monticello' s Assistant Administrator will represent the City of Monticello in establishing a contract with a service provider and with the state of Minnesota. The Assistant Administrator, with the assistance of the Senior Center Director, will be responsit:e for monitoring the ongoing operation of the system and will assist the Monticello Transportation Advisory Committee and the City Council in development of the Monticello transportation system operation policy. In addition, the Monticello Transportation Advisory Committee will provide marketing and operations support for the program in the form of in-kind contributions of time. B. PROJECT GOALS AND OBJECTIVES The transportation service provider will work cooperatively with tho City toward successful completion of goals and objectives noted below. The goals and objectives listed are Identified by the City of Monticello in its 1991 transportation system management plan. GOALS: The main goal for 1991 is to maintain a client base through delivery of an efficient and effective transportation service. BUS SPECIFICATIONS: 8/27/90 Page 3 1. Cost Efficiency ( Establish a service level designed to encourage ` ridership while maintaining reasonable operating costs through efficient use of employees and a cinnle 75-nwccenner vehicle, 1990 Projected Estimated miles: 25,000 1990 Projected Cost per mile: $2.85 1990 Projected Hours per employee: 1,250 2. Service Effectiveness Target elderly and handicapped markets with a variety of marketing campaigns to attract initial ridership. Achieve a ratio of .65 passengers per mile. 3. Cost Effectiveness Make efficient use of transit dollars by establishing cost per passenger at $4.39. Establish revenue to cost ratio of .13. C. LEVELS OF SERVICE 1. Service Area and Population The Monticello Heartland Express service area includes areas within the city of Monticello, areas Immediately adjacent to the city known as the Orderly Annexation Area, and a portion of Big Lake and Becker Townships, which are populated areas lying adjacent to Monticello across the Mississippi River and within the Monticello School District boundaries. The population of the city of Monticello is estimated at 4,500. The Orderly Annexation Area and township area population is estimated to be 4,000. These areas are outlined on Exhibit A. At this time, service to areas outlying the city limits is provided on a limited basis as outlined below. BUS SPECIFICATIONS: 8/27/90 Pago 4 Transportation to the Big Lake Nutrition Center from points in Monticello will be provided once or twice a day during the noon hours. Transporta tion to and from KJellbergs west Mobile Home Park, which is outside the city limits, is now being offered. Also, transportation to crnurches arta ousine saes located in the township but directly adjacent to the city is provided at no added charge. The cost per ride to KJellbergs west is $2.00. No other transportation outside the areas mentioned is anticipated. Extension of transportation service to areas outside the Monticello city limits and within the Orderly Annexation Area will be phased in as the service demand and concurrent impact on service delivery becomes better understood. Extension of service level beyond city limits will be considered by the City Council when it can be demonstrated that service expansion will not diminish capability of the system tc offer a desirable service level to Monticello citizens. In addition, it must be demonstrated that the City portion of the cost to deliver service to the outlying areas can be recovered through a combination of user fees and through added cost efficiency created by new ridership. At such time that the bus service is expanded into outlying areas, the City Councll of Monticello will establish bus fares that reflect the added cost of servicing outlying areas that do not contribute to the local share revenue generated by taxation. Typo of Service to be Operated The service provider will operate "dial -a -ride" service. Days of Operation 2,500 hours of transportation service shall be provided annually for each year starting January 1, 1991, and ending December 31, 1992, which is equal to 10 -hour a day service, five days per week, not including holidays. At this time, 10 -hour a day service is planned for Monday through Friday. Initially, days of operation do not include Saturday and Sunday; however, days and hours of operation may be adjusted to reflect service demand experioncod. For instance, if it does not appear BUS SPECIFICATIONS: 8/27/90 Page 5 O C cost justifiable to operate on Tuesday between 4:00 p.m. and 6:00 p.m., those hours might be transferred to Saturday or Sunday morning. Saturday or Sunday service might also be possible in the event that additional funding becomes dVO11GU1C. In addition, if additional revenue becomes available, such funds could be used to expand transportation hours. 4. Hours of Operation Service will be provided between the hours of 8:45 a.m. and 6:00 p.m., which is equal to 9.25 hours of public transportation service per day. Of the 45 minutes of unused service, 30 minutes will be shifted to the appropriate day and time as service demand is identified, and 15 minutes shall be credited to the service provider as bus preparation time. Also, unused hours may be used In conjunction with providing extra transportation during a community event. Service provider must be capable of operating 5 buses simultaneously during a special event. II. OPERATING REQUIREMENTS A. FARES The fare structure calls for a base fare of $1.00 per one-way ride. This fare will apply to all city of Monticello riders, including elderly, children over the age of 6, and able-bodied adults. Children under 6 years of age may ride free with a parent or guardian. Reduced fares will be available to all potential users of the system through the purchase of ticket books. Reduced fares can be obtained when tickets are purchased in bulk through ticket books per the following table: Base rate: 5 1.00 10 -ride ticket book $ 7.50 ($.75 ride) 50 -ride ticket book $75.00 (5.50 ride) Drivers will be expected to collect individual $1.00 fares via a collection box but will not be required to make change. Drivers will be required to sell ticket BUS SPECIFICATIONS: 8/27/90 Page 6 books and will report sales and earnings daily to the Sr. Citizens Center Director. Ticket books will also be sold at other retail locations ir. the community. MARKETING The City staff working MTRAC shall provide program publicity, and the City shall pay for publicity costs. The Operator agrees to cooperate with transit system publicity. This may include, but is not limited to, vehicle markings, ads on the inside or outside of the vehicles , employee badges, and distributing flyers at regular stop sites and to passengers. 2. The City of Monticello will strive toward development of a clean and efficient transportation service which contributes to positive word-of-mouth advertising. The service provider will cooperate with this effort by maintaining a clean and attractive bus. Service image will focus on providing "coach" service rather than bus service. C. COORDINATION WITH EXISTING TRANSIT OPERATIONS The transportation service provider will be required to cooperate with two nearby transportation systems. There will be rare occasions when service delivery provided by the Monticello, Sherburne County, and Annandale Heartland Express can be improved through coordination of service. D. OFFICE AND DISPATCHING The Operator shall provide necessary office spare for routine business and dispatching activities. Telephone 11ne(s) for rider information end reservations shall be manned durinq regular service hours. The Operator shall provide a telephone answering machine for after hours messages to __.:ars. The Operator may take after hours messages fr,)r: riders at his discretion. DRIVER UNIFORMS The Operator shall provido or require employees to provide and woar clean, seasonably appropriate clothing. This may include, but is not l imited to, shirts of a standard color and dark colored long pants. Any public transit badges or further uniforms required by the City shall be provided by the City. BUS SPECIFICATIONS: 8/27/90 Pago 7 DRIVERS The Operator shall employ qualified drivers sufficient in number to operate the service for the hours contracted. Drivers shall be trained by the Operator to ensure proper attitude. __ rtes_!. and safety passengers. Drivers shall be trained in the operation of vehicles and wheelchair lifts and be familiar with the geographic area served. Drivers must maintain at least a commercial drivers license including a passenger endorsement. Drivers must provide proof of a physical exam as required by state statute and complete any other required MN/DOT testing. T`e City shall require driver attendance at periodic training on passenger assistance. All drivers must be screened by the City and Operator for accident history and driving violations. To the extent possible, drivers shall be screened for criminal history and investigations of reported abuse or neglect involving minors or vulnerable adults. OTHER PERSONNEL The Operator agrees to employ other needed support personnel including, but not limited to, administrative, clerical, and dispatch as good business judgment may deem necessary to comply with this agreement. Training shall be provided by the Operator. H. PERSONNEL EVALUATION The Operator agrees to discuss expectationb and performance frequently with employees. In the event of public complaints to the City regarding Operator employees, the City shall provide the Operator a written summary of complaints received. The City shall require the Operator to discuss performance expectations and any unsatisfactory performance with employees and to sign and have employees sign to document these discussions. BUS/VAN SERVICE Operator agrees to provide a minimum of 2,500 hours of transportation service utilizing an Operator -owned bus and/or van. City agrees to contract for a minimum of 2,500 hours annually. BUS SPECIFICATIONS: 8/27/90 Pago 8 It is understood that the bus is the primary transportation vehicle and that transportation should be provided exclusively by this vehicle if possible. It is recognized that from time to time service demand . --the ca-pa.-ty cf .. ciny2.c tuz. During rcah demand' periods, the Operator agrees to operate a supplemental van. The hourly rate and mileage rates shall be charged as a fixed rate. Please see the attached bid form for detail. It is understood that revenue necessary to operate the van will be derived from a concurrent reduction in budgeted funds necessary for 2,500 annual hours of bus operation. Hours of van operation shall be established under the following sceneries. Reqular Van Service The City may establish regular van hours and establish a concurrent reduction in bus service hours . Operator -Directed Van Service Operator has the latitude to provide van service when service demand exceeds the capacity of the bus; however, Operator -direct. ed van use must be reported to the City on a weekly basis to assist the City in determining necessary reductions in bus operation hours. VEHICLES The operator shall provide: One new or year old ( 1990 or 1991) twenty-five foot bus with wheelchair lift and secured seating for two passengers in a whoelchair. Bus shall have a minimum seating capacity of 20 passengers, including wheelchair passenger. Bus must be of "coach" quality and include the following features: Air conditioning, AM/FM radio and cassette dock, coach lighting, fabric covered seating, and tinted windows. Operator bid shall include a detailed description of the bus proposed for oporation. Bids will be evaluated in terms of vehicle proposed for operation. Bids proposing operation of a bus that does not meet "coach" standards will be rejected. BUS SPECIFICATIONS: 8/27/90 Pago 9 n Operator shall finance and coordinate application of paint and stylizeu markings identifying the bus. Paint and marking design shall be established and approved by the City. in uL:dce Lu wolsiLaiu pruyram and Lu5 iuC„LiLy, Lira transit program bus shall not be used for private purposes without prior approval from City staff. Private use of the transit bus shall be limited to after hour or weekend out-of-town trips that originate from a common point. 2. Operator shall provide one van intended to supplement bus service. Special painting of the supplemental van as a public transit vehicle is not required; however, a magnetic identification strip placed on the van while in operation as a transportation vehicle is required. RADIO COMMUNICATION EQUIPMENT AND LICENSE The City will provide and maintain a mobile phone for use in the bus as the primary means for dispatching. The hourly service charge under bus service includes ongoing communication cost to operate the mobile phone, including all toll calls. The Operator will provide vehicle and office radios. Radio equipment purchases, licensing, maintenance, ongoing costs, and toll calls for Operator -owned vehicles shall be the Operator's responsibility. The Operator agrees to apply for and maintain required communication licenses for the Monticello Heartland Express. Both parties agree to comply with applicable laws and policies and to cooperate in submitting required licensing, documents, and reports. MAINTENANCE, FUEL, AND LUBRICANTS The Operator agrees to provide for all routine maintenance of vehicles, including lubricants, supplies, and tools. Vehicle maintenance shall be done following the manufacturer's suggested guidelines provided with each vehicle and must be verified by signed reports. Drivers shall complete daily inspection forms and vehicle defect forms. The Operator agrees to maintain a clean interior and exterior vehicle appearance as determined reasonable by City staff. BUS SPECIFICATIONS: 8/27/90 Pago 10 Maintenance, fuel, and lubricant and maintenance related expenses shall be paid by the City at a fixed rate of per mile. An annual report shall be provided which shows maintenance completed during the year. Please note that qas tax expenses associated with operation of the Monticello Heartland Express are exempt. REPAIRS The Operator shall be responsible for making or arranging for needed repairs to City and Operator -owned equipment, including warranty work and replacement tires. The Operator shall utilize revenue created by the mileage charge for repairs to the bus and for replacement of tires. All repair costs in excess of the revenue created by the mileage charge shall be the responsibility of the Operator. EMPLOYEES OF OPERATOR No employees retained by the Operator shall be considered employees of the City. FARES, BILLINGS, AND REPORTS The driver shall sell and collect passenger tickets and collect fares under the fare schedules and contracts of the City and account for riders and fares daily. Drivers shall not make change for ticket book or fare related transactions. Driver accounting of ridership ticket book sales and fares shall be accoun tod for and verified daily by a City employee. Drivers shall complete daily forms provided by the Operator indicating total number of passengers, number of elderly, wheelchair passengers, children, and free rides. Bills shall be submitted monthly to the City, including documentation required by MN/DOT. Monthly bills shall be based on hours of service provided that month at the agreed upon hourly rate plus mileage. The Operator shall complete a monthly report and submit it with their bill, including miles and hours of transit service per vehicle. MONTICELLO TRANSPORTATION ADVISORY COMMITTEE (MTRAC) Tho Operator and the City staff shall meet regularly with MTRAC appointed by the City Council to serve as an advisory group to the transit service. The City Council shall define the roles and authority of the committee regarding mayor policies, contracts, and changes. BUS SPECIFICATIONS: 8/27/90 Pago 11 Q. REVENUE CONTRACTS The City will retain sole authority to contract with private and public organizations to secure additional transit revenues. TERMS OF AGREEMENT The bid specification calls for a contract period extending from January 1, 1991, and may be extended annually through December 31, 1992, with the agreement of both parties. Contract agreements will be contingent on availability of federal, state, ;nd lccal funds and ongoing demands for service. Contract amendments may be made at any time with the agreement of both parties. All contracts and amendments are subjecz. to approval by MN/DOT. TERMINATION OF AGREEMENT In the event the Operator breaches the terms or violates the conditions of the bid specification/contract and does not, within thirty (30) days thereafter, cure such breach or violation, the City may terminate the contract immediately. In the event the City breaches the terms or violates the conditions of the contract and does not, within thirty (30) days thereafter, cure such breach or violation, the Operator may terminate the contract immediately. III. COMPLIANCE REQUIREMENTS The Operator will agree to comply with all applicable federal, state, and county laws, regulations, and policies including: Fair labor laws, civil rights laws, workers' compensation, unemployment compensation, sexual harrassment, affirmative action, and special Chapter 13C warranty protecting individual employees against a worsening of their positions. Tho Operator will agree to cooperate with any monitoring or audit visits of the city, state, or federal government, including on-site inspections, disclosure of records, and surveys of passengers. The Operator will agree to maintain financial books and records in accordance with generally accepted auditing standards. BUS SPECIFICATIONS: 8/27/90 Pago 12 VIOLATIONS OF PUBLIC CONTRACTS The Operator must certify that they are not included on the United States Comptroller General's list of persons or firms currently deharred for violations of various public contracts incorporating labor standard provisions. PRICE COLLUSION, DISCLOSURE The Operator will be required to certify that the prices in this contract have been arrived at independently without collusion or consultation for the purpose of restricting competition, prices have not knowingly been disclosed to any competitor, and no attempt has been made or will be made to induce others to submit or not to sumbit a bid in the future for the purpose of restricting competition. CONFLICT OF INTEREST The Operator will agree to certify that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the performance of services required in this agreement and agrees that no person having such interest shall be employed. EQUAL EMPLOYMENT OPPORTUNITY In connection with the operation of the Monticello Heartland Express, the Operator will agree that it shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. Operatorwill take affirmative actions to Insure that applicants are employed and that employees are treated during employment without regard to race, color, sex, or national origin. Such actions shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selections for training. including apprenticeship. SERVICES Services performed by the Operator under this contract shall be performed in a diligent and competent manner, and their performance shall be subject to review and inspection by MN/DOT through its designated agents at all reasonable times. BUS SPECIFICATIONS: 8/27/90 Pago 13 INSURANCE The operator shall be required to provide liability insurance in the amounts of at least $1,000,000 per claim for injury, death, or property damage by wrongful act or omission, and $i,000,000 for any number of ciaiw6 ati5iuy out of a single occurrence. Insurance coverage shall be provided to protect the recipient and MN/DOT from any loss arising out of the furnishing of the service. The City will agree to furnish all appropriate certificates of insurance and to carry higher limits of insurance if required by MN/DOT. INDEMNITY The Operator will be required to indemnify and hold harmless City and MN/DOT from and against all claims or demands, including reasonable attorneys fees in defense thereof, of every nature on account of injury to or death of persons or damage to or loss of property caused by or resulting in any manner from any acts or omissions of the Operator, its subcontractors, or its agents or employees in performing or failing to perform any of the service, duties, or operations to be performed by the contractor and its subcontractor under this contact. It will be understood and agreed that any and all employees of the Operator and all other persons employed by the Operator in the performance of any of the services required or provided for under this contract shall not be considered employees of either the City or the State, and any and all claims that may arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims by third parties as a consequence of any act or omission on the part of said Operator's employees while so engaged in any of the services to be rendered under this contract by the recipient shall in no way be the obligation or responsibility of the City or the State. BUS SPECIFICATIONS: 8/27/90 Page 14 B- FORM MONTICELLO HEART --AD EXPRESS 1991-1992 Blddbr must fill In unit prices in numbers. 1991 1992 I. ITEM NO. DESCRIPTION QUANTITIES BID AMOUNTS BID AMOUNTS 1 Provide dial -a -ride service 2500 hrs Cost per Cost per Including vehicles, full hour hour maint. , 6 vehicle storage fact l l ties 2 Provide dial -a -ride service Any hours Cost per Cost per including vehicles, full contracted hour hour maint. , 6 vehicle storage in excess facl l l ties of item 1 3 Mileage expense for N/A Coat per Cost per estimated 25,000 miles mile mile II. ALTERNATE: Alternate calls for bid based on City ownership of bus. All other specifications remain the same with the following exceptions. City pays actual painting, maintenance, and fuol/lubrication costs, said expenses to be paid directly to the Operator. City reserves the right to select gasoline purchase point of sale. 1991 1992 II. ITEM NO. DESCRIPTION QUANTITIES BID AMOUNTS BID AMOUNTS 1 Provide dial-a-rido service 2500 hrs Cost per Coat per including full maint. 6 hour hour vehicle storage facilities 2 Provide diel-a-rido service Any hours Cost per Cost per including full maint. 6 contracted hour hour vehicle storage facilltles In excess of Item 1 3 Mileage expense for N/A Cost per Cost per estimated 25,000 miles Milo Milo 4. Hourly rate - Bus Maintenance N/A V1J BUS SPECIFICATIONS: 8/27/90 Page 15 Council Agenda - 10/9/90 10. Consideration of a request to amend Section 3-1 (I) of the zoning ordinance. (J.O.) A. REFERENCE AND BACKGROUND: The Planning Commission requests that Council amend sections of the zoning ordinance governing maintenance of non- conforming structures. Under the current ordinance, the City is unable to enforce the provision of the ordinance that prohibits "changing" of non -conforming signs because of contradictory language within the ordinance. In response to this information, staff was directed by the Planning Commission to develop an ordinance amendment that would eliminate the contradiction and thus allow the City to enforce the provision of the ordinance that prohibits changes to non- conforming signs. Such an amendment has been created and is attached for your review. The City Attorney has reviewed the amendment and has indicated that the amendment will close the loophole in the ordinance. The ordinance amendment closes the loophole by providing language that specifies or defines allowable maintenance to a non -conforming sign. Anything done to a lawful non -conforming sign that is not consistent with maintenance as defined in the amendment would be considered a "change" which is not allowed by ordinance. Please read the attached information written to the Planning Commission which will provide you with additional important background Information. B. ALTERNATIVE ACTIONS: 1. Motion to approve amendment to zoning ordinance as proposed. If the Planning Commission is comfortable with the notion that lawful non -conforming signs or sign systems should not be allowed to "change" without conforming to the ordinance, then this amendment should be approved. 2. Motion to deny amendment to zoning ordinance as proposed. C. STAFF RECOMMENDATION: If the Council wishes to close the loophole that now allows non -conforming signs to be changed, then this amendment should be adopted. D. SUPPORTING DATA: Copy of proposed ordinance amendment. 3-1 [ DI EXIStii f Ord ir)anC6, (D) No non -conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this Ordinance adoption unless such movement mall oring the non-conformance inr0 cumpiiduce with the requirements of this Ordinance. (EJ when any lawful non -conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non -conforming use. [F) A lawful non -conforming use of a structure or parcel of land may be changed to lessen. the non -conformity of use. Once a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non -conformity. [C] If at any time a non -conforming building, structure or use shall be destroyed to the extant of more than fifty (50)' percent of its estimated market value, said vsluo to be determined by the City or County Assosoor, then without further action by the Council, the building and the land on which such building wan located or maintained shall, from and after the data of said destruction, be subject to all the rogulationo specified by these zoning regulations for the diatrict in which such land and buildings are located. Any building which is damaged to an extent of leas than fifty (50) percent of its value may be restored to its former extant. Estimate of the extant of damage or destruction shall be made by the Building Inspector. (H) whenever a lawful non -conforming use of a structure or land is diocontinuad for a period of six (6) montho, any future use of said structure or land shall be made to conform with the provisions of this Ordinance. (11 Normal maintenance of a building or other structure containing or related to a lawful non -conforming use to permitted, including necessary non-atructural repairs and incidental alteration which do not physically extend or Intensify the non -conforming use. 3-1 [I) n10 Pr ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT ORDINANCE SECTION 3-1 (I) OF THE ZONING ORDINANCE BE AMENDED TO READ AS FOLLOWS: 3-1: NON -CONFORMING BUILDINGS, STRUCTURES, AND USES: (I) Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non- structural repairs and incidental alteration which do not physically extend or intensify the non- conforming use. Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non- conforming sign includes repair or maintenance of existing lettering done without changing the subject, form, color, or design of the lawful non- conforming sign. D Adopted this day of October, 1990. Mayor City Administrator n INFORMATION ITEM August 30, 1990 To: Planning Commission From: Jeff O'Neill, Asslatant Administrator Re: Changes to the non -conforming Maxwell Realty sign system. As you may have noticed, the property that once housed Maxwell Realty on the northwest corner of Highway 25 and Broadway is now the home of Century 21. The sign system that was in place advertising Maxwell Realty and now advertising Century 21 is non- conforming- The following aspects of the sign system are non- conforming= 1. Flashing lights are not allowed on signs. 2. The total sign area, including the pylon sign and wall algns, exceeds the total area allowed by about 100%. In addition, the total number of signs per wall exceed the maximum. i Since the sign system was established prior to the inception of the ordinance, the signs are allowed to operate as a legal non- conforming use. The question is to what extent can the signs be "changed" before they are required to be altered so as to be In compliance with the sign ordlnance7 Unfortunately, the zoning ordinance is not clear on this matter. On one hand, It appears that changes to nonconforming signs is not allowed, as the sign section of the ordinance states that: "A non -conforming sign may not be changed to another non- conforming sign." On the other hand, maintenance/ incidental alterations of structures aro allowed: "Normal maintenance of a building or other 'structure' (sign) conta ming or related to a lawful non -conforming use is pormlttod, including necessary non-structural ropairs and incidental alterations which do not physically extend or lntonsify Lho non -conforming use." Information Item August 30, 1990 Page 2 In the case of the Maxwell Realty/Century 21 sign change, the City Attorney recommended Lhat Cine siyu be allu.ed Co Cnango bacause h- vlewed the change as an incidental alteration which is allowed by ordinance. City staff would like to eliminate the apparent contradiction in the ordinance. Prior to drafting an ordinance amendment, staff would like the Planning Commission to review this matter and Indicate if the City should strictly limit changes to non- conforming signs, or should the ordinance allow incidental or surface changes to non -conforming signs. /o '5'1^r 3-1 111 LU) 110 non -conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time I� of this Ordinance adoption unless such movement shall bring the non-conformance into compliance with the requirements of this Ordinance. LEI when any lawful non -conforming use of any structure or land in any district has been changed to 11c onforming use, it shall not thereafter be changsd to any non -conforming use. IFI A lawful non -conforming use of a structure or parcel of land may be changed to leseerc_ the non—conformity of use. Once a non-conrorming structure or parcol of land has been changed, it ahall not thereafter be so altered to Increase the non -conformity. (6) If atany time a non -conforming buildln- , structure or use shall be destroyed to the extent of more than fifty (50) ' percent of its estimated market value, said value to be determined by the City or County !Assessor, then w(thonl. further action by the Council, the building slid the land on which such building wag located or maintained shall, from and after the date of said destruction, ., be subject to all the regulations apocif led by these zoning regulations for the district in which such land and buildingo are located. Any building which is damaged to an extent of lose than fifty (50) percent of Ito value may be restored to its former extent. 7.atimata of Clio extent of damage or doo Lruction shall be made by the 0uildlny Lnapoutor. 1111 whenever a lawful non -con form ny use of a ntruc Lure or land is discontinued for a period of mix (G) mon the, nny futuro use of said atructurs or land shall be made to conform with Lho provlolonra of this Ordinance. l 11 Normal maintenance of a buildiny or ocher sLructura . con twining or related to a lawful non -conforming uao In pormltLod, including necessary non-structural ropolrs end iiicidontol alteration which do not phyalcally extand or intensify the non -conforming usa . 2 9. The City of Monticello, or its agent, is authorized and required by this ordinance to enter into an agreement with the United States, or any of its agencies, or departments, to the end that the objective stated in Title 2 unita� SLatou Code, Section 131, Sections 319, or any other applieabie Fetiorel Statute to obtain non -conforming signs along the Great River Road within the City of Monticello. However, the City of Monticello, or its agent, shall not be required, nor allowed, to expend funds for the acquisition of non -conforming signs or advertising devices under this chapter until Federal funds in the amount of 75• or more to his acquisition cost are made available to the City of Monticello for the purpose of carrying out this ordinance. No sign nor advertising device legal under Laws 1971, Chapter 883, shall be required to be removed or relocated until payment, as provided in Laws 1971, Chapter 883, is tendered by the City of Monticello. (Dj NON -CONFORMING SIGNS: 1. The following are non -conforming signs: ' (a) Off-promiso signs, except signs located inside ball parka and on bus benches. (b) Prohibited signs. (c) All other signs not expressly prohibited but which do not conform to the provisions of this subdivision. 2. A non -conforming sign may not be: (a) Changed to another non -conforming sign. (b) Structurally altered except to bring into compliance with the provisions of this subdivision. (e) expanded. Id) Re-establlahad after its removal for thirty (30) days. (a) Re-establishad after damage of more than fifty (50) portant of sign replacement cost except to bring into compliance. Council Agenda - 10/9/90 11. Request to amend Section 3-5 fDj 9 (0) to all driveway access openings shall require a culvert unless the lot is served by steirm (power nr iA dotprmiinad iinnecpaaa" by the A01dlnq Inspector. Size of culverts shall be determined by the Building Inspector but shall be a minimum of fifteen j15) inches in diameter. Applicant, City of Monticello. (G.A.) A. REFERENCE AND BACKGROUND: The proposed ordinance amendment would increase the minimum size of the culverts under driveways from twelve (12 ) inches in diameter to a minimum of fifteen (15) inches in diameter. This matter comes before you as a housekeeping matter needed to update the ordinance to meet our new minimum requirements. Over the past five to severs years we have been requiring a minimum size culvert to be fifteen (15) inches in diameter, now we would like to amend the ordinance to state that this is the minimum in diameter allowed. B. ALTERNATIVE ACTIONS: 1. Approve the ordinance amendment to increase the minimum culvert size to fifteen (15) inches in diameter, 2. Deny the ordinance amendment to increase the minimum culvert size to fifteen (15) inches in diameter. C. STAFF RECOMMENDATION: Staff recommends approval of the ordinance amendment to Increase the minimum culvert size of twelve (12) inches in diameter to fifteen (15) inches in diameter. As development occurs and culverts are needed for driveways, we feel the minimum size needed to handle a minimal typo of drainage will be the fifteen (15) inch in diametor culvert. SUPPORTING DATA: A copy of the ordinance section to be amended. I 3-5 (D]9(q) 3-5 (D]9(s) (q) ALL DRIVEWAY ACCESS OPENINGS shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culvert shall be determined by Building Inspector but shall be A minimum of twelve 112) tnrh es to di.Am?t?r. (r) CURBING: I. All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six (6) inch nonsurmountable continuous concrete curb around the perimeter of the parking area and driveways. ii. All off-street parking in the I-1 and I-2 districts shall have an insurmountable curb barrier which, if not constructed of six (6) inch continuous concrete curbing, shall require prior approval from the Planning Commission and City Council. Driveways in the I-1 and I-2 districts shall have a six (6) inch insurmountable continuous concrete curb along its perimeter. iii. All curb designs and materials shall be approved by the City Engineer. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (0192, 7/9/90) (s) STALL AISLE AND DRIVEWAY DESIGN CONDITIONAL USE PERMIT: Stall aisle and driveway design requirements as noted in (k) Surfacing, (o) Curbing and Landscaping, and (r) Curbing, may be lessened subject to the following conditions: I. Any reduction in requirements requires completion of the conditional use permit process outlined in Chapter 22 of this ordinance. ii. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Engineering expenses greater than portion of building pe -1: fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. 0 Council Agenda - 10/9/90 12. Consideration to review Greater Monticello Enterprise Fund (GMEF) approval. (0. K.) REFERENCE AND BACKGROUND: On September 28, 1990, the Economic Development Authority (EDA) met with the four members present and reviewed the GMEF loan application from Mike Muller for the Muller Theatre expansion. Mr. Muller explained the theatre expansion plans to the EDA and responded to questions. Mr. Muller expects the demolition of the Stoke's property and the beginning theatre const ruction to occur simultaneously. The planned parking lot to the west of the theatre expansion will not receive hard surfacing until the frost is out of the ground in the spring. Mike hopes to open the new addition in the spring. Kevin Doty, Commercial Lending Officer for the Muller project, determined and so stated that Mike and Bob Muller, an informal partnership, to be acredit worthy partnership. Jack Maxwell, Century 21, appraised the total new expanded facility at $900,000. The anticipated loan structure would consist of.: Wright County State Bank, $360,000; Another Bank, $35,000; GMEF, $50,000; and the family, $112,000. Mr. Muller has already invested $110,000 for theatre seats, projectors, etc. EDA Attorney, Tom Hayes, viewed the expansion as a good GMEF project as It meets the criteria of our loan policies, and agreed with Mr. Doty on the difficulty for businesses to obtain adequate c ommorcial funding at this time. Barb Schwientok made a motion to approve the GME F loan application for Michael and Robert Muller, an informal partnership. The loan amount is $50,000 at 81 interest, amortized over 20—years, with a balloon payment in five years. The GMEF will be in second position on real estate and M 6 E. Loan fee not to exceed $500. Mr. Hayes is to draft appropriate documents and a commitment letter with terms and conditions. The motion was seconded by Harvey Kendall. With no further discussion, the motion passed unanimously. The loan was approved because the Muller loan application mot the GMEF public purpose policies, the partnership was dot erminod to be credit worth by the lending officer, the project creates six new full-time jobs, assists in maintaining a more vibrant downtown, supports strectscape, increases utilization of the proporty, adds aesthotic value to the downtown, increases the local tax base (project not gain approximately $8,350 annually), assts is a non-compotitivo commercial business within the City 1 1mlts, and will assist an existing business expansion. Council Agenda - 10/9/90 ` With the approval of two GMEF loans to Tappers, Inc. and Michael Muller, $88,000 and $50,000 respectively, the remalnlnn halance of the loan fund 1R S62,0nn. Th1.R means the maximum we can consider for our next loan applicant is $31,000. In accordance with the GMEF policy, "The EDA shall have authority to approve or deny loans; however, within 21 days of. EDA approval, the City Council may reverse a decision by the EDA to approve a loan if it is determined by Council that such loan was issued in violation of GMEF guidlines". Therefore, unless the Council determines the EDA approval for Michael and Robert Muller to be in violation of the GMEF guidelines, no action is necessary. B. ALTERNATIVE ACTIONS: 1. The Council determines the Michael and Robert Muller loan to be in violation of the GMEF guidelines; therefore, reverses the EDA loan approval. 2. The Council determines the Michael and Robert Muller loan , not to be in violation of the GMEF guidelines; therefore, no action is necessary. C. STAFF RECOMMENDATION: Staff supports the EDA approval; however, gives no recommendation. D. SUPPORTING DATA: None. 14 Council Update MONTICELLO WINS ONE OF THE STAR CITY MARKETING AWARDS,. (O.K .} After Monticello received Star City Recertification last April, the City qualified as a candidate for one of the All-Star City Awards. Thirty-tive Star Cities out of one hundred three quaiiiied a s a candidate. Awards were presented at the Annual Star City Banquet held in late September which was attended by Jeff O'Neill anti myself. I was disappointed Monticello didn't win one of the All- Star City Awards because people worked so hard. We accomplis hed many great projects. The communities awarded All-Star City Awards were Champlin, Two Harbors, Hallock, Windom, and Plainsview. Monticello's marketing program was also submitted for state competition. The good news is that Monticello shared first place for its overall marketing program. The City's stationery, business cards, teaser/mailer, and brochure were submitted along with the Chamber's T-shirt, sweatshirt, stationery, and note cards. A short paragraph or two explained Monticello's logo concept and explained how Monticello's total marketing materials are being use. Included In the explanation was the Chamber's proposed media marketing program using the City logo. Monticello received 282 points out of a possible 330. Comments: Overall a very strong, well thought out campaign. The repeat appearance of the logo re -enforces the Monticello image and is easy to identify. Also, neatly ties in all of the various elements used in a strong marketing campaign. Excellent materials - very well coordinate. Unfortunately, I do not got any sense of the town itself. The consistency and attractiveness makes this program work. Brochure was tasteful - not over done - great piece. Other winners were Litchfield and New Brighton. Honorable ment ions went to Burnsville, Northfield, Fairmont, and Fairbault County. Video awards were presented to Lakeville and Windom. CONGRATULATIONS Hats off to Monticello. Council Update 1991 Budqet Update. (R.W.) The staff is currently in the process of preparing the proposed 1991 budget which I am proposing to have the Council review at its November 13, 1990, Council meeting. The actual public hearing on adoption of next year's budget will not take place until our meeting on Decemoer 10, 1990. I have asked all of the department heads to prepare a list of capital outlay type items and costs of any large or new projects that we plan on incorporating into next year's budget. I will be sending this information to each Council member in the next week for your review and comments. Prior to assembling the proposed budget for the November meeting, if the Council would like to see any new projects or items added to the budget for our consideration, the Council may want to set a special meeting for an hour or so to review these items and to direct staff on what the Council would like to see included in next year's budget. This would allow staff sufficient time to incorporate these items into the budget. If the Council feels this is unnecessary at this time, the budget can be reviewed at our first meeting in November and any adjustments can still be made before the actual public hearing on December 10, 1990. C Council Update Renaminq Laurinq Lane to 7th Street. (J.S.) After the last Council meeting, I spoke with Jack Hutchinson, the - Lane to East 7th Street. Mr. Hutchinson was in favor of the change and indicated that it should have been done years ago. He was totally In favor of the continuity of 7th Street throughout, from County Road 39 all the way over to County Road 118. He indicated that most residents are given 90-days in which to change their addresses and sometimes six months on the outside. In this case he would have no problem with giving residents up to twelve months to make their address change from Lauring Lane to East 7th Street. He did say, however, that under no circumstances should we have a dual street such as Lauring Lane/East 7th Street. This would only complicate matters. He thought that it would be beat if the City of Monticello drafted a let ter to those residents on Lauring Lane to utilize East 7th Street as soon as possible, indicating that the post office would continue delivering mail with the Lauring Lane address for the next twelve months. Jack went on to mention that. conceivably mail that is still labeled Lauring Lane after twelve months would still get to the address on East 7th Street. Keeping this information in mind, it appears that no further action is needed by the City Council and we will order the replacement signs and draft the letters to residents as soon as possible. k— C