City Council Agenda Packet 11-08-1993AGENDA FOR THE MEETING OF THE CITY COUNCEL
Monday, November 8, 1993 - 7 p.m.
Mayor: Ken Maus
Council Members: Shirley Anderson, Brad Fyle, Clint Herbst, Patty Olsen
1. Call to order.
2. Approval of minutes of the regular meeting held October 25, 1993.
3. Citizens comments/petitions, requests, and complaints.
4. Consideration of an update on the development of the Economic
Development Partnership of Wright County.
5. Public hearing on the adoption of an assessment roll for the Briar Oakes
Pond Outlet - Project 93 -IOC.
6. Consideration of a resolution authorizing for the issuance and sale of
$980,000 in G.O. Refunding Bonds.
7. Consideration of a request for a 2 -ll variance to the 10 -ft side yard setback
requirement. Request is in conjunction with construction of an addition to a
single family dwelling. Location: Illock 5, Lot 14, Lower Monticello.
Applicant, Kevin and Mary Hook.
8. Consideration of a request for a conditional use permit allowing outside
storage. Applicant, Custom Canopy.
9. Consideration of a request for a conditional use permit which would allow
outside sales, outside storage, and consideration of a parking and drive aisle
conditional use permit. Location: Lot 1, Block 2, Oakwood Industrial Park.
Applicant, Simonson Lumber.
10. Consideration of adopting the undeveloped right-of-way fencing policy.
11. Consideration of purchasing n replacement personal computer for Deputy
Registrar.
12. Consideration of reviewing status of Oak Ridge subdivision project --Tony
Emmerich.
13. Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 28, 1893 - 7 p.m.
Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Patty
Olsen
Members Absent: None
1. Call to order.
Consideration of approval of minutes of the regular meeting held
October 11. 1993, and special meeting held October 20, 1993.
Brad Fyle requested that the vote on item #8 of the minutes be amended to
show that he voted in opposition of the motion.
Clint Herbst requested that item #15B, Other Matters, final paragraph,
should be amended as follows as requested by Clint Herbst:
"After discussion, a motion was made by Clint Herbst to direct the
City Administrator to deny any employee's request for use of comp
time until such time that the City Council has been provided a report
on the policy governing use of comp time. Motion died for lack of a
second.
Ager discussion, a motion was made by Shirley Anderson and
seconded by Patty Olsen to direct City staff to provide a report on the
comp time policy to be provided at the next meeting of the City
Council. Voting in favor: Shirley Anderson, Patty Olsen, Ken Maus,
Clint Herbst. Abstaining: Brad Fyle."
After discussion, a motion was made by Brad Fyle and seconded by Clint
Herbst to approve the meeting minutes with corrections.
Citizens comments/vetitions. reouens, and complaints.
None forthcoming.
4. Public hearing on proposed assessment roll for delinouent chareeg. and,
consideration of a resolution adopting an assessment roll for certification
with the Countv Auditor covering delinouent charges.
Mayor Maus opened the public hearing.
Clint Herbst noted that a number of property owners with delinquent
charges have been on this list before. He wondered at what point does the
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Council Minutes - 10/25/93
City act to collect on bills that are long overdue. Rick Wolfsteller responded
by saying that taxes overdue for a period of seven years can result in
initiation of the tax forfeiture process. Under this process, the property
owner with the delinquent bill could lose his land to the County, whereupon
the County would sell the land and use the proceeds to pay off delinquent
taxes and assessments.
Brad Fyle was concerned about delinquent bills for certain businesses that
use a substantial amount of water. He suggested that the City keep a
tighter control on such businesses. Perhaps the City should set up another
tier or additional penalty if a delinquent water bill over a specified amount
is not paid by a certain time.
Ken Maus closed the public hearing.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to adopt the assessment roll for delinquent charges as
presented and direct City staff to prepare an updated city policy for
collecting delinquent charges that would establish two separate processes
for collecting delinquent charges. One process to be applied to residential
uses, the other process to be applied to commercial users of water and sewer
services. Motion carried unanimously. SEE RESOLUTION 93-40.
5. Consideration of a variance reouest which would allow construction of an
addition onto a non-conformine structure. Aoolicant. Gene Jestus.
Assistant Administrator O'Neill reported that at the previous meeting of the
City Council, the item was tabled pending additional staff research. Staff
was asked to discuss this matter with the Planner and City Attorney and
survey the city for similar circumstances to assist Council in determining
the impact of the potential precedent that could he created by granting the
variance. O'Neill reported that the City Planner reviewed the site and
indicated that it is very difficult to justify a variance. There is ample room
on the property to accommodate the garage at a proper location.
O'Neill also provided a letter from the City Attorney which outlined three
reasons why the variance should be denied, which he summarized as
follows:
1. The City should never expand a non -conforming use with a
variance except in extremely limited circumstances. Approval
of this particular request would legitimize a use in violation of
the present setback requirements. If the City permits
expansion here, it establishes a precedent which could apply
city-wide.
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Council Minutes - 10/25/93
2. The applicant's request does not comply with the statutory
criteria for a variance in any respect. The property can still be
economically used for the purpose for which it is intended.
There is nothing unique about the property which is
substantially different than numerous other properties within
the city.
3. The garage was in place at the time Mr. Jestus purchased the
property. He knew or should have known that our zoning
ordinance would classify this garage as a non -conforming
structure. Court cases have determined that when a party
purchases a property knowing or having reason to know that
the zoning ordinance would restrict the use of the property in
some respect, a variance is unwarranted.
Brad Fyle noted that he would have been supportive of the request if there
was no other room on the property to allow construction of a garage within
the setback. Gene Jestus explained that he was not aware of the ordinance
limiting expansion of the garage at this location. He requested that Council
take this into consideration. Ken Maus responded by saying that it's the
responsibility of the property owner to know the laws affecting the property
when he purchases it.
Brad Fyle reiterated that the City will not take any action whatsoever to
remove an existing garage that does not meet setback requirements. The
property owner can keep it as is; however, Fyle indicated that he does not
support expansion.
After discussion, a motion was made by Brad Fyle and seconded by Patty
Olsen to deny approval of the variance based on the finding that a sufficient
hardship has not been demonstrated. There is sufficient land on which to
relocate the accessory structure; therefore, the applicant has not been
denied reasonable use of his property through denial of the variance.
Motion carried unanimously.
Consideration of establishment of a winter parks operation plan.
Assistant Administrator O'Neill presented a winter parks operation plan as
prepared by the Parks Commission and public works department. O Neill
reported that the need for a formal plan for operating and maintaining
winter skating/sliding facilities at Bridge Park and 4th Street Park stems
from survey data that shows general citizen dissatisfaction with winter
recreation facilities. In addition to the survey data, specific complaints from
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Council Minutes - 10/25/93
citizens have been registered regarding the quality of the ice surface and
the level of supervision provided by warming house attendants. O'Neill
went on to review the plan in detail.
After discussion, a motion was made by Clint Herbst and seconded by Patty
Olsen to approve the winter parks operation plan with the following
amendments:
1. Snow Removal: City crews will continue to make streets the
number one priority. As an additional priority, City crews will
strive to remove snow from skating areas in a timely manner.
2. Attendant/Concessions: If the Hockey Association so chooses, it
is authorized to provide concessions at the 4th Street Park with
the proceeds to be dedicated toward replacement of the hockey
boards at the facility.
Motion carried unanimously.
Consideration of award of contract for installation of chlorination and
dechlorination eouipment at the Citv's wastewater treatment slant.
John Simola reported that three bids were received for the chlorination/
dechlorination project. The bids ranged from a low of $50,800 to a high of
$78,400. The lowest bidder was Northwest Mechanical. Simola went on to
report that it's the recommendation of the City Engineer and the Public
Works Director that Council award the project to Northwest Mechanical.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to award the chlorination/dechlorination project to
Northwest Mechanical in the amount of $50,800 contingent upon approval
of the plans and specifications by the Minnesota PCA. Motion carried
unanimously.
8. Consideration of approving the 1994/95 contract for police protection with
Wright Countv Sheriffs Department.
Rick Wolfsteller reported that Wright County has recently prepared a new
two-year law enforcement contract for police protection. Currently, the City
is receiving 9,176 hours of coverage for 1993, which breaks into 24 hours
per day, with an additional 416 hours that is to be used for Fridays and
Saturdays 6 months of the year. The present hourly rate for 1993 is $28.50
per hour for a total contract fee of $261,516. For 1994, the proposed
contract has increased to $30.50 per hour, which results in an estimated
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Council Minutes - 10/25/93
total annual contract amount of $279,868. The second year of the two-year
contract is proposed at $32 per hour with an expected annual contract cost
of $293,632.
Shirley Anderson asked if the City should start investigating whether or not
we should have our own police force. Maybe we should start checking into
the potential cost. Ken Maus mentioned that studies have shown that for
cities like Monticello, it is considerably more expensive to operate your own
police force when taking all of the costs involved, including overhead for
expanded facilities and additional clerical and administrative staff.
Lieutenant Don Lindell reviewed the hourly rates charged by neighboring
counties in the vicinity and noted that the cost as proposed by the Wright
County Sheriffs Department on an hourly basis is less expensive than the
rate charged by other counties for the same service.
Clint Herbst stated that he was against 24-hour coverage and that we
should consider reducing the double coverage during summer months. If we
reduce or eliminate our double coverage, we can avoid an increase in cost.
Lieutenant Lindell of the Sheriffs Department indicated that it was his
view that reducing hours would be a mistake. Monticello's location on the
intersection of Highway 25 and I.94 makes it a very busy place at all hours,
especially in the summer months on Fridays and Saturdays. It was his
view that reducing patrol hours at these times would not be in the best
interest of the community.
Patty Olsen expressed her concern regarding investigation of crines. She
mentioned that she had received input from citizens concerned that crimes
are not thoroughly and completely investigated. Ken Maus mentioned that
perhaps the Sheriffs Department could provide the City with a summary
report of crimes occurred and identify investigation activity by the Sheriffs
Department.
After discussion, it was the consensus of Council to adopt the proposed
contract and to further investigate the possibility of establishing a local
police department prior to establishment of a future contract. Motion
carried unanimously.
9. Consideration of an ordinance amendment reeulatine cemetery visitine
hours.
Rick Wolfsteller reported that, prompted by concerns by the Wright County
Sheriffs Department, the City Council is asked to adopt an ordinance
amendment that would establish hours that a cemetery would be closed to
the public. Recently, vandalism has occurred in the nighttime hours at
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Council Minutes - 10/25/93
local cemeteries. The ordinance as proposed would provide the Sheriff's
Department with the authority to order visitors to leave the cemetery
during the nighttime hours.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to adopt an ordinance amendment which would establish
cemetery visiting hours from 7 a.m. to 1/2 hour after sunset. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 244.
10. Consideration of final navment for phase I of the public works expansion.
Proiect 92-06. Vehicle Storage Facilitv and Anourtenant Work.
After discussion, a motion was made by Brad Fyle and seconded by Patty
Olsen to make final payment to Rochon Corporation in the amount of
$32,430.13 upon receipt of the warranties and lien waivers, with the
exception of the lien waiver from Wasche Interiors. Motion carried
unanimously.
11. Consideration of reviewing current comp time nolicv for exempt salaried
emnlovees.
Rick Wolfsteller reported that as requested by Council, the purpose of the
agenda item is to review the present comp time policy stated within our
personnel policy, and to also review administrative policies that have been
implemented regarding comp time usage by exempt salaried supervisors/
department head employees. In addition to the review of the current policy,
suggested amendments were proposed by Wolfsteller.
Wolfsteller recommended that the personnel policy be amended to further
clarify the definition of exempt employees which would also limit, under
normal circumstances, comp time usage to less than full-day increments.
The amendment would provide an exception for employees who may have to
work excessive hours on a seasonal basis or for those that already had met
the normal work week. This alternative would further clarify the fact that
exempt salaried employees have the freedom to plan and schedule their own
work week but also limits their comp time to normally less than a full day
at a time. In order to eliminate any potential liability on the City's part, it
is recommended that we eliminate comp time reference from time sheets
and from our payroll system.
After discussion, a motion was made by Clint Herbst and seconded by Patty
Olsen to eliminate the reference to comp time accumulation on both the
payroll system and time sheets and direct the City Administrator to use his
discretion in granting time off to exempt employees with the total hours of
time off per pay period not to exceed 8 hours. Motion carried unanimously.
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Council Minutes - 10/25/93
12. Consideration of bills for the month of October.
After discussion, a motion was made by Patty Olsen and seconded by
Shirley Anderson to approve payment of the bills as submitted. Motion
carried unanimously.
13. Other matters.
A. Assistant Administrator ONeill informed Council that City staff
allowed the Oak Ridge projct to commence in anticipation of
obtaining the necessary letter of credit as defined in the development
agreement signed by Tony Emmerich. He reported that Emmerich
would prefer that the City defer the letter of credit requirement until
the property is platted. He also noted that Emmerich is supportive of
the concept of paying all out-of-pocket City expenses as the project
progresses and that the system of expenses and credits as outlined in
the development agreement would not be applicable until such time
that the letter of credit is provided.
Discussion among Council members led to the following consensus:
The City continues to require that Emmerich provide the letter of
credit as originally proposed under the development agreement. It is
requested that this letter of credit be provided to the City in time for
the next Council meeting, which is scheduled for Monday,
November 8, 1993. In the event the letter of credit is not provided by
that date, the City Council will review the matter in detail. At that
time, the City Council will consider whether or not to allow the
project to continue or to require that the project be halted until the
letter of credit is provided.
B. John Simola requested that the City Council continue a public
hearing on the Briar Oakes long pond, Project 93.10C, assessment
roll. Simola indicated that the public hearing notice was not placed
in the paper as required; therefore, it needs to be continued to the
next meeting of the City Council.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to continue the public hearing on the
assessment roll for Project 93-10C to the Council meeting of
November 8, 1993. Motion carried unanimously.
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Council Minutes - 10/25/93
Ed Kruse was present to indicate his concern that the City had
mowed his property and then billed him when the mowing was not
justified.
After discussion of the details, Council agreed to make arrangements
to mow his property one additional time this year at no additional
charge.
Jeff O'Neill
Assistant Administrator
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Council Agenda - 11/8/93
4. Consideration of an update on the development of the Economic
Development Partnership of Wright County. (O.K.)
A. REFERENCE AND BACKGROUND:
It is my understanding that Second District Commissioner, Pat Sawatzke,
and Fourth District Commissioner, Judie Rose, of Wright County will be in
attendance at the Monticello City Council meeting to updatr Cuuucil
members as to the development of the County's Economic Development
Partnership.
Enclosed is a copy of the Partnership's Articles of Incorporation, Bylaws,
Officers of the Board of Directors, minutes of the September 28 meeting,
and proposed 1993/94 budget for your review.
You might note the membership/fee schedule as adopted at the
September 28 meeting. Additionally, you might want to inquire as to the
benefits of membership and if those who pay a larger fee, such as the City
of Monticello, are entitled to more than one vote.
This is meant to be an informational item only, and no formal action is
required. At a future date, the City of Monticello may want to consider
membership.
D. SUPPORTING DATA:
Articles of Incorporation; Bylaws; List of officers of the Board of Directors;
Minutes from 9/28/93 meeting; Proposed 1993/94 budget.
Adopted: 8-28-93
ARTICLES OF INCORPORATION
OF
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIOHT COUNTY
A MINNESOTA CORPORATION
The undersigned, for the purpose of forming a corporation
pursuant to the provisions of the Minnesota Non -Profit Corporation
Act, Minnesota Statutes, Chapter 311A, adopt the following Articles
of Incorporation:
ARTICLE I
The name of the corporation is Economic Development Partnership
of Wright County, a Minnesota Corporation, hereinafter called the
Corporation.
ARTICLE II
The Corporation is organized exclusively for the promotion of
economic development within Wright County. The main functions of
the Corporation shall be to plan, coordinate, promote, stimulate,
and assist with economic development activities for new and existing
businesses, and to enhance educational job opportunities within
Wright County, Minnesota.
ARTICLE III
Notwithstanding any other provision of these articles, the
Corporation shall not carry on any activities not permitted by a
corporation that is exempt from federal income tax under the Section
501(c)(8) of the Internal Revenue Code of 1988 as amended from time
to time including any corresponding future provision of the United
States Internal Revenue Law.
ARTICLE IV
The Corporation is formed for the above -stated purposes, and
not for pecuniary or financial gain. No part of the net earnings of
the Corporation shall inure to the benefit of any member, officer,
director, contributor, or other individual. No member, officer,
director, or contributor either upon the dissolution of the
Corporation or in any othur event, shall be considered to be the
owner of or be entitled to any of the assets, funds, proceeds
or property of the Corporation, all of which shall be exclusively
and perpetually devoted to the purposes set forth in these Articles.
LE
0
This provision shall not, however, prevent the payment by the
Corporation of its reasonable and necessary expense of operation.
ARTICLE V
The duration of the Corporation shall be perpetual.
ARTICLE VI
In the event of dissolution, liquidation, or winding up of the
Corporation, whether voluntary or involuntary, the Corporation
shall, after paying or making provision for the payment of all
liabilities of the Corporation, dispose of the remaining property or
assets of the Corporation exclusively for the aforesaid purposes.
Upon dissolution of the Corporation, other than incident to merger
or consolidation, the assets of the Corporation shall be
distributed, granted, conveyed and assigned to an organization which
itself has established an appropriate tax-exempt status under
Section 501(c) of the Internal Revenue Code of 1986, as amended, or
any amendments to such Sections or substitutes thereof effective on
the date of such payment, or to one or more appropriate public
organizations, and in no event shall any of the assets and property
of the Corporation vest in or be distributed or inure to any private
member or individual.
ARTICLE VII
The location of the Corporations' registered office shall be:
10 N. W. 2nd Street, Buffalo, Minnesota 55313.
ARTICLE VIII
The names and addresses of the incorporators are as follows:
f:i•T',1
Sherry J. Berning
John M. Bishop
Sandra L. Halbleib
Garrison L. Hate
Neil D. McMillian
Carl H. Montzka
Irene S. Niedzielski
Judie A. Rose
Christine I. Rudnicki
Larry J. Schwahn
Melvin A. Swendra
Susan L. Vergin
James J. Vrchota
Karen E. Young
David L. Zyletra
Address
12239 42nd St NE, St. Michael, MN 55376
558 Lakeshore Circle, Annandale, MN 56302
1476 10th St SW, Buffalo, MN 55313
P O Box 757, Annandale, MN 55302
11132 97th Place, Maple Grove, MN 55369
204 Fourth Ave NW, Buffalo, MN 55313
P O Box 267, Maple Lake, MN 55358
703 NW 4th Ave, Buffalo, MN 55313
6216 105th St, Clear Lake, NN 55319
404 Greenbrior Lane, Buffalo, MN 55313
P 0 Box 788, Cokato, MN 55321
5300 Ash St, Rockford, MN 55373
411 Oak Ave N, Maple Lake, MN 55358
5195 62nd Ave NE, Sauk Rapids, MN 56379
9571 Endicott Ave NW, Maple Lake, MN 55358
2.
O
ARTICLE IX
The officers of the Corporation shall be governed by a board of
not more than fifteen (15) directors.
The names and addresses of the persons who are to act in the
capacity of directors until their successors are duly elected are as
follows:
ygg@g Address
Sharry J. Berning 12239 42nd St NE, St. Michael, MN 55378
John M. Bishop 558 Lakeshore Circle, Annandale, MN 55302
Sandra L. Halbleib 1476 10th St SW, Buffalo, MN 56313
Garrison L. Hale P O Box 757, Annandale, MN 55302
Neil D. McMillian 11132 97th Place, Maple Grove, MN 55369
Carl H. Montzka 204 Fourth Ave NW, Buffalo, MN 65313
Irene S. Niedzielski P O Box 267, Maple Lake, MN 56358
Judie A. Rose 703 NW 4th Ave, Buffalo, MN 55313
Christine I. Rudnicki 6218 108th St, Clear Lake, MN 56319
Larry J. Schwahn 404 Greenbrier Lane, Buffalo, MN 55313
Melvin A. Swendra P O Box 788, Cokato, MN 55321
Susan L. Vergin 6300 Ash St, Rockford, MN 55373
James J. Vrchota 411 Oak Ave N, Maple Lake, MN 55358
Karen E. Young 5195 82nd Ave NE, Sauk Rapids, MN 66379
David L. 2ylstra 9871 Endicott Ave NW, Maple Lake, MN 55358
ARTICLE X
Members, directors, and officers of this Corporation shall not be
personally liable to any extent whatsoever for obligations of the
Corporation.
ARTICLE XI
The Corporation shall have no capital stock.
IN TESTIMONY WHEREOF, the undersigned incorporator, who is a person of
full age, has hereunder subscribed these Article of Incorporation this
day of , 19_, at Buffalo, Minnesota.
Incorporator/Chair of Board
3.
0
STATE OF MINNESOTA
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me on this
day of , 19_ by
Notary Public
04(
Adopted: 8/25/93
BY -LAMS
OF
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY
A MINNESOTA CORPORATION
ARTICLE I. Office
The registered office of the corporation in the State of
Minnesota, to be maintained in the County of Wright is at 10 N.M.
2nd Street, Buffalo, Minnesota, 55313, as provided in the Articles
of Incorporation. The Board of Directors of the corporation may,
from time to time, change the location of the registered office. On
or before the day that such change is to become effective, a
certificate of such change and of the location and post office
address of the new registered office shall be filed with the
Secretary of the State of Minnesota, as required by the Minnesota
Non -Profit Corporation Act.
ARTICLE I1. Purpose
The Economic Development Partnership of Wright County is
organized as a non-profit corporation for the purpose of creating a
healthy and diverse environment for new and existing businesses and
to enhance quality job opportunities within Wright County,
Minnesota. In order to achieve this purpose, the corporation may
plan, implement, coordinate, and assist such activities which
further the purpose of the corporation as determined by the Board of
Directors and as permitted by a corporation that is exempt from
federal income tax under the Section 801(c)(8) of the Internal
Revenue Code of 1988 as amended from time to time.
ARTICLE 11I. Membership
Section 1. Members and meetings. All government subdiviaione
within Wright County including the county, cities, townships, school
districts, public organizations, associations, and private
corporations, businesses, Chambers of Commerce and individuals with
an interest in promoting economic development in Wright County, are
hereby empowered to participate in the corporation of the Economic
Development Partnership of Wright County and to become members
thereof.
Section 2. Classes of members. The general membership shall
consist of three classes: members of the Board of Directors,
Supporting Members, and Honorary Members. The By-laws may be
amended to establish additional classes of members and may set forth
the qualifications, rights powers and duties of the other members
and matters relative to their membership.
ov-
Section 3. Members of the Board of Directors. Qualified
individuals having an interest in promoting the purposes of the
corporation and those of its supporting members, may become members
of the Board of Directors upon their nomination and election as
herein provided. The Executive Director (if any) shall be an
ex -officio (non-voting) member of the Board of Directors.
Section 4. Supporting Members. Any organization or individual
which meets the definition of membership in the corporation and pays
the amount of dues for such membership as may be determined by the
Board of Directors, from Lime -to -time, shall be eligible to be a
Supporting Member.
Section 5. Honorary Members. Any other public agency,
organization, or individual, approved by the Board of Directors,
which subscribes to and supports the purpose of the corporation, and
who is interested in its field of activity shall be designated
Honorary Members and appointed by the Board of Directors.
Section 8. Annual Dues. The members of the Board of Directors
shall not pay dues. The dues for cities classified as Supporting
Members shall be structured on the most recent population figures
provided by the Metropolitan Council and/or Office of the State
Demographer with a fee schedule established by the Board of
Directors. Dues for Supporting Members which are not cities shall
be a flat fee determined by the Board of Directors, or as otherwise
agreed between the contributing supporting member and the Board of
Directors. Honorary Members shall participate without dues
assessment. Each membership shall continue automatically on a
calendar year basis from year to year, with annual dues payable by
March 1 of each year. All dues shall be paid in advance for at least
one annual calendar year period. Biannual payments may be accepted
under certain circumstances, as determined by the Board of
Directors.
Section 7. Rights and Privileges. Supporting members shall be
entitled to serve on the Management Committee or any other committee
or task force, as selected by the Board of Directors. All members
of the corporation shall be entitled to all due rights and
privileges of the corporation, except that Honorary Members shall
not have the right to vote on matters of the corporation. The Board
of Directors and Supporting members of this corporation shall be the
only voting bodies of this corporation.
Section 8. Property Rights. No member shall have any right,
title, or interest in, or to any property of this corporation.
Section 8. Meetings. There shall be regular meetings of the
membership not less than quarterly or as determined by the Board of
Directors with one meeting per year serving as the annual meeting of
the membership and election of the board of directors.
Section 10. Special Meetings. Special meetings of the membership
may be called, from time -to -time, as determined by the Board of
Directors as provided in Section 11 of this Article.
2.
04-
Section 11. Place and Notice of Meeting. The Board of Directors
shall provide, by resolution, the time and place, for holding any
regular or special meetings of the membership. Notice of any
meeting shall be given at least three (3) days previously thereto by
written notice mailed to the members describing in the notice the
proposed agenda of activities.
ARTICLE IV. Board of Directors
Section 1. General Powers. The property, business and affairs of
the corporation shall be managed by the Board of Directors. The
Board of Directors shall set policy and overall objectives of the
Partnership; review and approve the annual budget, and annual work
pian.
Section 2. Number and Tenure. The number of directors shall be
not less than nine (9), nor more than fifteen (15). Each director
shall be a natural person of full age and shall hold office until
the annual meeting of the directors next following his or her
,election and until his or her death, resignation, or removal as
hereinafter provided.
Section 3. Appointment, Qualifications, Representation and Term
of Office. The Board of Directors of the corporation shall be
elected from the Supporting Members at the annual meeting. Insofar
as possible, a nominating committee of three (3) shall be
established annually by the Chair of the Board of Directors to seek
qualified supporting members to serve on the Board. Every effort
will be made to seek representation as established in this section.
Qualified individuals to serve on the Board of Directors will be
based on the following number: Cities and townships, four (4)
individuals; County of Wright, one (1) individual; Private Industry
Council -5, one (1) individual; School Districts and Technical
Colleges, one (1) individual; utility companies, two (2)
individuals; private finance, investment, and banking institutions,
two (2) individuals; and private businesses and corporations, three
(3) individuals, and Chamber of Commerce/Commercial Clubs member one
(1) individual. Terms of office for members of the Board shall be
for three years with an opportunity to seek re-election for a second
three year term of office. No board member shall hold office for
longer than two consecutive terms without at least a one full
calendar year break in service.
Section 4. Organization. At each meeting the Board of
Directors, the Chair of the corporation or, in his or her absence,
the Vice Chair shall preside. The Secretary of the corporation or,
in his or her absence, any person whom Board of Directors shall
appoint, shall act as Secretary of the meeting and the Treasurer
shall provide for the financial treasury requirements of the
corporation.
Section 5. Place of Meetings. The Board of Directors may
provide, by resolution, the time and place for holding any regular
or special meetings of the board. Notice of any meeting shall be
3.
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Posted in a conspicous place as prescribed herein by resolution of
the board.
Section 8. Annual Meeting. The annual meetings of the Board of
Directors shall be held each year for the purpose of electing the
directors and officers of the corporation and for the transaction of
such other business as shall come before the meeting. Notice of
such meeting shall be given as provided in Section 8 hereof for
special meetings of the Board of Directors. Absences excused in
accordance with Section 9 hereof. The annual meeting shall be held
within the territorial limits of Wright County.
Section 7. Special Meetings. Special meetings of the Board of
Directors shall be held whenever called by the Chair or by any two
(2) of the other directors. The person or persons authorized to
call special meetings of the Board of Directors shall use the usual
Place of meeting, as the place for holding any such meetings as
prescribed by the Board of Directors.
Section S. Notice. Notice of any regular or special meeting
shall be given at least three (3) days previously thereto by written
notice mailed to each director at his or her residence or usual
place of business; or delivered to him or her personally or by
telephone, not less than three (3) days before the day on which the
meeting is to be held. Each such notice shall state the time and
Place of the meeting, and shall state the purposes thereof and be
posted in a public place as prescribed in Article IV., Section 5.
Section 9. Notices Excused. Notice of any meeting of the Board
of Directors need not be given to any director who shall be present
at such meeting; and any meeting of the Board of Directors shall be
a legal meeting without any notice thereof having been given if all
of the directors of this corporation then in office shall be present
thereat or waive such notice in writing before, at, or after such
meeting.
Section 10. Quorum. Except as otherwise provided by statute or
by these By-laws, a majority of the total number of directors shall
be required for the transaction of business at any meeting. In the
absence of a quorum, a majority of the directors present may adjourn
any meeting from time to time until a quorum be had. Notice of any
adjourned meeting need not be given other than by announcement at
the meeting at which adjournment is taken.
Section 11. Manner of Acting. The act of a majority of the
directors present at any meeting at which a quorum is present shall
be the act of the Board of Directors.
Section 12. Action Without a Meeting. Any action required or
permitted to be taken by the Board of Directors at a meeting must be
taken at a meeting.
4.
04
Section 13. Resignation. Any director of this corporation may
resign at any time by giving written notice to the Board of
Directors, Chair or to the Secretary of the corporation. The
resignation of any director shall take effect at the time, if any
specified therein or, if no time is specified therein, upon receipt
thereof by the officer of the corporation to whom such written
notice is given; and, unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 14. Vacancies. A vacancy occurring in the Board of
Directors shall be filled by the affirmative vote of a majority of
the remaining directors though less than a quorum of the Board of
Directors. A director elected to fill a vacancy caused by death,
resignation, or removal, shall be elected for the unexpired term of
his predecessor in office. Any directorship to be filled by reason
of an increase in the number of director shall be filled by election
by the Board of Directors for a term of office continuing only until
the next election of directors. Any vacancy filled by election by
the Board of Directors shall maintain the balance of representation
in accordance with Section 3 hereof.
Section 18. Removal of Directors. Any director may be removed,
either with or without cause, at any time, by vote of a majority of
the total number of directors, and the vacancy in the Board of
Directors caused by such a removal shall be filled in the manner
specified in Section 14 hereof.
Section 16. Compensation. The Board of Directors of the
corporation may at any time and from time to time, by resolution
adopted by two-thirds (2/3) of the total number of directors,
provide for the payment of compensation to, and for the payment or
reimbursement of expenses, if any, incurred by any director for
personal services rendered to the corporation, including attendance
at each meeting of the Board of Directors, but only to the extent
that the performance of such service or the incurrence of such
expenses is directly in furtherance of the purposes of the
corporation and the compensation or the amount of expenses paid or
reimbursed, as the case may be, is reasonable and not excessive.
ARTICLE V. Officers
Section I. Number. The officers of the corporation shall be a
Chair, a Secretary, a Treasurer, and if the Board of Directors shall
so elect, one (1) or more Vice Chairs and ouch other officers as may
be appointed by the Board of Directors.
Section 2. Election and Term of Office. The officers of the
corporation shall be elected annually by the Board of Directors,
and, except in the case of officers appointed in accordance with the
provisions of Section 10 hereof, each shall hold office until the
next annual election of officers and until his or her successor
shall have been duly elected and qualified, or until his or her
death, or until he or she shall resign, or until he or she shall
6.
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have been removed in the manner herinafter provided. All officers
of the corporation shall be elected from among the directors of the
corporation.
Section 3. Resignation. Any officer may resign at any time by
giving written notice of his or her resignation to the Board of
Directors, the Chair, or to the Secretary of the corporation. Any
such resignation shall take effect at the time, if any, Specified
therein or, if no time is specified therein, upon receipt thereof by
the Board of Directors, Chair or Secretary of the corporation; and,
unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
Section 4. Removal. Any officer may be removed, either with or
without cause, by a vote of a majority of the total number of
directors, and such purpose shall be stated in the notice or waiver
of notice of such meeting unless all the directors of the
corporation shall be present thereat.
Section 5. Vacancies. A vacancy in any office because of death,
resignation, removal, or any other cause shall be filled for the
unexpired portion of the term in the manner prescribed in these
By-laws for election or appointment to such office.
Section 6. Chair. The Chair shall on behalf of the Board of
Directors, provide the corporation with general oversight and,
subject to the control of the Board of Directors shall have general
management of the business of this corporation working with the
Executive Director (if any); shall. when present, preside at all
meetings of the Board of Directors and at all meetings of the
Management Committee, if any; and shall see that all orders and
resolutions of the Board of Directors are carried into effect. The
Chair may execute and deliver, in the name of the corporation
(except in cases in which such execution and delivery shall be
expressly delegated by the directors or by these By-laws to some
other officer or agent of the corporation or shall be required by
law to be otherwise executed and delivered) any deeds, mortgages,
bonds, contracts, or other instruments pertaining to the business of
the corporation, including, without limitation, any instruments
necessary or appropriate to enable the corporation to donate income
or principal or the corporation to or for the account of such
corporations, associations, trusts, foundations, and institutions as
are referred to or described in the Articles of Incorporation of the
corporation and as may from time to time be prescribed by the Board
of Directors; and, in general, shall perform all duties usually
incident to the office of the Chair. The Chair shall serve as the
Chief Executive Officer in the event the Board of Directors does not
employ an Executive Director.
Section 7. Vice Chair. Each vice Chair, if any, shall be
elected by the Board of Directors, shall have such powers and shall
perform such duties as may be prescribed by the Board of Directors.
8.
H
In the event of absence or disability of the Chair, Vice Chairs
shall succeed to his or her powers and duties in the order
designated by the Board of Directors.
Section 8. Secretary. The Secretary shall: (a) be Secretary of,
and when present, shall record proceedings of all meetings of the
Board of Directors and of all meetings of the Management Committee,
if any; (b) keep a register of the names and addresses of all
members of the corporation; (c) at all times keep on file a complete
copy of the Articles of Incorporation and all amendments and
restatements thereof and a complete copy of these By-laws and all
amendments and restatements hereof; (d) when directed to do so, give
proper notice of meetings of the Board of Directors and meetings of
the Management Committee, if any; (e) perform such other duties as
may from time to time be prescribed by the Board of Directors; and
(f) in general, perform all duties usually incident to the office of
the Secretary.
Section 9. Treasurer. The Treasurer shall: (a) keep accurate
accounts of all monies of this corporation received or disbursed;
(b) deposit all monies, drafts, and checks in the name of, and to
the credit of, this corporation in such banks and depositaries as a
majority of the board of directors shall from time to time
designate; (c) have power to endorse for deposit all notes, checks
and drafts received by this corporation; (d) disburse the funds of
the corporation as ordered by the Board of Directors, making proper
vouchers therefore, (e) render to the Chair and the directors,
whenever required, an account of all his or her transactions as
Treasurer and of the financial condition of the corporation; (f)
perform such other duties as may from time to time be prescribed by
the Board of Directors; and (g) in general, perform all duties
usually incident to the office of the Treasurer.
Section 10. Other Officers. The corporation may have such other
officers as may be deemed necessary by the Board of Directors. Such
other officers shall be appointed in such manner, have such duties,
and hold their offices for such terms as may be determined by
reoolution of the Board of Directors.
ARTICLE VI. Management Committee
Section 1. Number, Qualification, Term of Office. The Board of
Directors may, by resolution adopted by two-thirds (2/3) vote of the
total number of directors, establish a Management Committee of the
Board of Directors of the corporation and appoint three (3)
directors to serve on ouch Management Committee, at least one of
whom shall be the Chair. Members of the Management Committee shall
be members of the Board of Directors of the corporation. Tho
Executive Director of the Economic Development Partnership of Wright
County shall be an ex -officio (non-voting) member of the Management
Committee. Each member of the Management Committee shall remain a
member until the next annual meeting of the Board of Directors
following his or her appointment.
7.
9
Section 2. Powers. Except for the power to amend the Articles
of Incorporation and by By-laws of the corporation, which power is
expressly reserved solely to the Board of Directors of the
corporation as hereinafter provided, the Management Committee shall
have all the powers and authority of the Board of Directors in
regards to the day-to-day activities of the corporation, subject
always to the direction and control of the Board of Directors. The
Management Committee shall have the power to retain and hire staff
under provisions by the Board of Directors.
Section 3. Meetings. If a Management Committee is established,
it shall hold such regular or other periodic meetings, at such times
and places and upon such notice, if any, as may from time to time be
fixed by resolution adopted by a majority of the members of the
Management Committee. In addition, special meetings of the
Management Committee shall be held whenever called by the Chair or
by any two (2) other members of the Management Committee, upon the
same notice as provided for in Article IV, Section B for special
meetings of the Board of Directors, unless excused in accordance
with Article IV, Section 9.
Section 4. Quorum. A majority of the total number of members of
the Management Committee (but not leas than two (2) shall be
required to constitute a quorum for the transaction of business at
any meeting.
Section 5. Actions. The act of the majority of the members of
the Management Committee present at any meeting at which a quorum is
present shall be the act of the Management Committee. In the
absence of a quorum, a majority of the members of the Management
Committee present may adjourn any meeting from time to time until a
quorum be had. Notice of any adjourned meeting need not be given
other than by announcement at the meeting at which adjournment is
taken.
Section 5. Actions Without a Meeting. Any action required or
permitted to be taken by the Management Committee at a meeting must
be taken at a meeting.
ARTICLE VII. Task Forces.
Section I. Number, Qualification, Term of Office. The Board of
Directors may, by resolution of two thirds (2/3) vote of the total
number of members of the Board of Directors, temporarily establish
any number of Task Forces as working groups of the corporation, and
appoint at least one (1) member of the Board of Directors to preside
over each Task Force. Other members of each Tack Force shall be
appointed, and may, but need not be, a director, agent, or employee
of the corporation, but must be committed to furthering the purposes
of the corporation. The term of aorvico of Task Force members shall
be determined by the Board of Directors, or until resignation, or
until removal, either with or without cause, by a vote of a majority
of the total number of members of the Board of Directors.
e.
Section 2. Powers and Duties. The Task Forces shall have such
powers and shall perform such duties as may be prescribed by the
Board of Directors of the corporation.
Section 3. Meetings. If Task Forces are established, each Task
Force shall hold such regular or other periodic meetings, at such
times and places and upon such notice, if any, as may from time to
time be fixed by resolution adopted by a majority of the members of
each Task Force. In addition, special meetings of each Task Force
shall be held whenever called by the presiding Board of Director
member or by any two (2) other members of the Task Force, upon the
same notice as provided for in Article IV, Section 8 for special
meetings of the Board of Directors, unless excused in accordance
with Article IV, Section 9.
ARTICLE VIII. Agents and Employees
Section 1. The Executive Director. The Executive Director (if
any) of the Economic Development Partnership of Wright County, as
.directed by the Board of Directors and the Management Committee,
shall be responsible for general management of the business and
affairs of the corporation and serve as the Chief Executive Officer.
The Executive Director shall: (a) see that all orders and
resolutions of the Board of Directors and the Management Committee
are carried into effect; and (b) perform such other duties as may
from time to time be prescribed by the Board of Directors, the
Management Committee, or the Chair of the corporation.
Section 2. Appointment, Term of Position. The Executive
Director shall be appointed by the Board of Directors, and shall
hold office until he or she shall resign, or until he or she shall
have been removed in the manner herein provided.
Section 3. Resignation. The Executive Director may resign at
any time by giving written notice of his or her resignation to the
Board of Directors, Chair, or to the Secretary of the corporation.
Any such resignation shall take effect at the time, if any,
specified therein or, if no time is specified therein, upon receipt
thereof by the Board of Directors, Chair, or Secretary of the
corporation; and unless specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
Section 4. Removal. The Executive Director may be removed,
either with or without cause, by a two-thirds (2/3) vote ofthe total
number of directors, and such purpose shall be stated in the notice
or waiver of notice of such meeting unless all the directors of the
corporation Shall be present thereat.
Section S. Assistant to the Executive Director. The Assistant
(if any) shall be responsible to the Executive Director, Board of
Directors and the Chair and shall: (a) perform general services and
9.
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duties associated with the business and affairs of the corporation;
and (b) perform such other duties as may from time to time be
prescribed by the Board of Directors, Chair, or by the Executive
Director of the corporation. The Assistant may be hired or services
contracted by the Board of Directors.
Section 6. Other Agents and Employees. The corporation may have
such other agents and employees as may be deemed necessary by the
Board of Directors. Such other agents and employees shall be
appointed in such manner, have such duties, and hold their offices
for such terms as may be determined by resolution of the Board of
Directors.
Section 7. Compensation. The Board of Directors of the
corporation may at any time and from time to time, by resolution
adopted by two-thirds (2/3) vote of the total number of directors,
provide for the payment of compensation to, and for the payment or
reimbursement of expenses incurred by, any agent or employee of the
corporation for personal services rendered to the corporation by, or
for any expense necessarily paid or incurred by, any such agent or
employee, but only if and to the extent that the performance of such
service or the incurrence of such expenses is directly in
furtherance of the purposes of this corporation and the compensation
or the amount of expenses paid or reimbursed, as the case may be, is
reasonable and not excessive.
ARTICLE IX. Financial Matters
Section 1. Books and Records. The Board of Directors of the
corporation shall cause to be kept:
(a) Records of all proceedings of the Board of Directors and
Management Committee, if any; and
(b) Such other records and books of account as shall be
necessary and appropriate to the conduct of the corporate
business.
Section 2. Documents Kept at Registered Office. The Board of
Directors shall cause to be kept at the registered office of the
corporation originals or copies of:
(a) Records of all proceedings of the Board of Directors and
the Management Committee, if any; and
(b) All financial statements of the corporation; and
(c) Articles of Incorporation, By-laws of the Corporation and
all amendments and restatements thereof to include Internal
Revenue Tax Status.
10.
ARTICLE XII. Dissolution
Upon the dissolution of the corporation, the Board of Directors
shall, after paying or making provision for the payment of the
assets of the corporation exclusively for the purposes of the
corporation in such manner, as a business league operated to promote
economic development and qualifying as an exempt organization under
Section 501 (c) (B) of the Internal Revenue Code of 1954 and as
amended (or the corresponding provision of any future United States
Internal Revenue Law), as the Board of Directors shall determine or
to the laws of the State of Minnesota, or to any other lawfully
organized Minnesota municipal corporation. Any of such assets not
so disposed of shall be disposed of by the District Court of the
county in which the principal office of the corporation is then
located, exclusively for such purposes or to such organization or
organizations, as said court shall determine, which are organized
and operated exclusively for such purposes.
ARTICLE XIII. Amendments
The Board of Directors may amend this corporation's Articles of
Incorporation, as from time to time amended or restated, and these
By-laws, as from time to time amended or restated, to include or
omit any provision which could lawfully be included or omitted at
the time such amendment or restatement is adopted. Any number of
amendments, or an entire revision or restatement of the Articles of
Incorporation or By-laws, either (1) may be submitted and voted
after a first and second reading scheduled at two meetings no sooner
than thirty (30) days and no later than sixty (90) days between the
first and second readings of the Board of Directors and be adopted
at such second meeting, upon receiving the affirmative vote of not
leas than two-thirds (2/3) of the total number of directors of the
corporation at a meeting called in accordance with Article IV.
DATED: This _ day of , 1993
ATTEST: Chair
Secretary
Economic Development Partnership
of Wright County, Inc. &,a,,10M naw,a 5073-„93
A non-profit prfvataQwblk partnership Plane: (812)882-7382
OFFICERS OF THE BOARD OF DIRECTORS
JIM VRCHOTA - CHAIRPERSON
DAVE 2YLSTRA - VICE CHAIR
JOHN BISHOP - SECOND VICE CHAIR
SHARRY BERNING - SECRETARY
NEIL MCMILLIN - TREASURER
0-V
OCT 20 '93 09 10 FRANKFORT TOWNSHIP 497-49M P. 3/5
MINUTES
ECI)SIMIC DEIIE;IiMU PARTMGRStIP
of
BRIGHT CMKrV
September 2% 1"3
Rockford Lions Park Shelter Building 2200 P.m.
Members presents Jia Vrchota, Mail McMillin, Ruth David, Carl Monttka, Bill
Grabski, Judie Rose, Gary Male, Den Levens,Irene Nisdaielski, Sandy Halbleib,
Cliff Simon, Davo Zylatra, Mike Potter, Bill ....... and Sherry Burning.
Motion by Malo to approve the agenda. Seconded by Montaka. All voted aye.
Minutes of August 25, 1993 were corrected to state Jim Vrchota as chairperson for
the Menageeent l4emittee... The motion to appra��, the uanded,6}jnutas nes �aQs._by
Yrchota and a second by Male. All voted aye.
. Reports from the committees were as follows:
FINAMM Submitted material referencing to sources of funding. The committee
bias unable to give status for budgeting, goals and accountability until funding
could be established. At present, 62500 was donated by Minnesota Technology by
the efforts of Bill Grabski. Discussion consisted of annual membership fee
structure and voting classes. The station was made by Male and seconded by
Zylstra, with all voting aye, to adopt the following annual Membership/Foe
Schedule.
Municipalities Population Under MM ....$500
Population 2300 - 5M0....6500 PLUB to cents per Capita
Population 5000 plus ...... $IWO PLUS 10 cents per capita
Townships ...........................$100 PLUS l0 cents par capita
Utility Companies ...................61000 PLUS 10 cents per in-place service
Banks and Landing Institutions ...... SIM
Associate ...........................$So
Buaimess with 1-e Employees (F.T.G.).............675
5-10 Employees (F.T.E.)............ $too
11-20 Employees (F.T.E.)........... $150
21 or more Employees tF.T.E.)...... SM
Full Time Equivalent (F.T.E.) would be two half-time employees equal one
full-time.
Newspaper........................................In Kind
Honorary (non-voting)..............................$25
1 40
OCT 20 '93 09;10 FRPt*TORT TOW SHIP 497-4970 P. 4/13
9/26/93 Page 2
Zylstra will make a presentation at the quarterly seating of the Association of
Townships in Wright County on Thursday, October 7, informing then of the
incorporation and seeking support of the Economic Partnership of Wright County.
Rose stated that the County at this time will contribute to the mailings and
postage until a preliminary budget can be established.
"ARMETIIB. Niedtielski as spokesperson for the committee reviewed goals as
follows, with the an objective of the introduction of the incorportation to the
publics 11 Establish network of contacts for site location/availability
information. 2) Develop Press release. 3) Membership. 4) Railing List. S)
Develop presentation for speakers bureau.
At this time, a sample of the what the partnership's stationary could/would be
was circulated for review and eomaants. The industrial picture seemed the most
reIavant 1aga. .. ._ ....
Rose stated that Brian Neck's telephone extension at the Wright County Government
Center would serve, at this time, as our communication line.
NANAGE"I. Chairperson Vrchota gave the following report. Security State Bank
of Maple Lake will be the banking institute for the partnership. The office
location for the partnership/ Incorporation will continue at present at the County
Government Center with B.Heek distributing to the proper parties. Vrehate
reviewed the In Kind contributions, County Attorney Wyaan Nelson, filing of
articles of Incorporation) Mail Mdlillin of Wright Hennepin, gathering samples
of stationary) DeVere Winter, assisting in filing for tax exemption for the
incorporation{ Frankfort Township, providing xeroxing and mailings. Board terms
were established by the *draw" procsas with the first year established from
August 1993 to Decesbar 1994. Terms of board @@abort as followsh
On• Year Tarin Two Year Term jbrwm Year Term
Mel Swendre Gary Hale Sherry Berning
Dave Zylstra Judie Rose Christine Rudnicki
Carl Montaka Neil McMillin Marin Young
Larry Schwann Jim Vrehota John Bishop
Irene Niedsielski Sue Vergin Sandra Halbleib
UPDATE GF NAYDRB QG=IRTIGN. It was established that each mayor within the
Wright County boundaries will be added to the incorporation's mailing list.
J. Rose stated that the city of Monticello had recently acquired a now business
with the revolving loan fund established through Wright County. The suggestion
was submitted to review the possibility of a Loan Committee for the partnership.
D. Grabski stated the 62509 donation from Minnesota Technology has been accepted
by the its board and that the partnership should receive ib within one week.
0
OCT 20 '93 0911 F ZWTORT TOW6iIP 447-4970 P."
28/93 Page 3
LIRIM CdMITiEF_ Male stated that thi9/
s coomittas set earlier this day with
throe other CDCs and Sherburne County. Two of the CDCs appear to be goad
prospects for Wright County. ]fare information will be submitted to us attar a
datersination of language from the State's rulings of overlapping CDCs.
'O.—t,.. Ste.
MM CMXTT. Sherburne, Wright, Monampin and Caroor counties sate sp the Quad
County area. Brief discussion of O®P and Metro Council.
SOVENIMIS BLA PRIMT. The partnership/incorporation moved to hold the public
hearing on Wednesday, Weber P7, 1993, at the Wright County Government Canter
in the Commissioner's Meeting Roos.
NEETDML The next three monthly setting dates were established, October 28,
9300 a.m. Board Matting, ISs00 am. Partnership, at Delano City Hall. November
189 at Howard Lake and December 16 at City of Albertville.
Motion _by_Ilale asul. secosded by. _Ras_saadjourm..the. _gsting.-at-3:38-p. m. All
voted aye.
Respectfully Submitted,
arry ]y 9_9, Bg
eretar
0
... .. .......... ........... .......
P 03
Economic Development Partnership
SVwO
of Wright County, Inc. Buffab, Mkift"off 5"13-1193
A non-AvfdPrWft(Nr kPnbraah1P Phone: (612) 682.7382
pang; October 27, 1993
TO; Board of Directors
fJ10TSL Neil McMillin
gusnm: Finance committee Update
Dat Levees and I met today to discuss a proposed budget for the Partnership's first year of
Operation. We believe that the figures used in detetming incomo are conservative and
apeases are a realistic projection for FY 1993. 1994. Assumptions have been made in
tams of in4cind contributions such as mailing expenses, photo copying and associated labor
by Wright County stag, Wright - Hennepin and othertt. Further details should be developed
aloe funding oommitments have been secured and a geals.worlr program developed and
llnaliml.
nOJ=RD IRMSI PROJECTHD I1"ENBE
CONTRTBUTIONS
Banb and Lending Institutions $12,000.00 Corporate Filing $500.00
Utilities 10,000.00 Brochures, Marketing 4,000.00
TOWNWps 1500.00 Advettiaing 1000.00
Munidpalltid 10,000.00 Telephone 1000.00
Minnesota Technology Grant 2,500.00 Supplies 600.00
Memberships and Dues 500.00
MHMBZ2SHIPS Social Meetings 3,000.00
Consultants 2,000.00
Bum 1,000.00 Commium Meetings 500.00
Chambers and Associates 500.00 Legal and Audit 1000.00
Realtors, Builders, Developers i-000.flQ
TOM z5arost>! 842, 500.00 TOTAL L>Mtisfga 814,100.00
CD
Council Agenda - 11/8/93
S. Public hearing on the adoption of an assessment roll for the Briar
Oakes Pond Outlet - Protect 93-10C. (R.W.)
A. REFERENCE AND BACKGROUND:
As part of the Briar Oakes residential development, three ponds located in
that subdivision were to be developed, with one of the ponds ultimately
being connected to the large Meadow Oak pond. It was anticipated that the
connection between the two ponds would occur when phase 11 of Briar
Oakes was developed; but with the Oak Ridge development occurring and
with the unusually high amount of rain we have experienced this year, the
City decided to construct the pond outlet now.
The construction of the pond was completed in early September, and the
final costs have been determined. The total project cost, including
engineering fees, amounted to $8,471.82, and it was proposed that 1001/'x, of
this project cost be assessed to those properties the City Engineer felt
benefited from this improvement.
The following general areas and their percentage of the project cost are
shown below as proposed assessments. The property owners have been
notified of the assessment hearing.
Proposed
Benefited Area 'h of Benefit Assessment
Briar Oakes 61.9417 $ 5,247.42
Meadow Oak 4th Add. 9.62'7. $ 814.99
Oak Ridge development 20.651/,, $ 1,749.42
City Lots C & 1) 7.79'7, $ 659.94
The assessments as proposed would be levied against parcels that have not
yet been developed and are still owned by the original developer. In the
case of Meadow Oak 4th Addition, the $814.99 would he spread amongst
platted lots that have not yet been sold. For Briar Oakes, the assessment
would be levied against the second phase of the development., as that is
when the developer would have been required to annplete the storm water
improvements. In the case of Oak Ridge development, Mr. Tony Emmerich
has indicated previously that he would be pitying this amount prior to the
platting of Oak Ridge.
Council Agenda • 11/8/93
B. ALTERNATIVE ACTIONS:
1. After receiving any comments from the public hearing, the first
alternative would be to adopt the resolution and assessment roll as
proposed. The assessments would be spread over 6 years at an
interest rate of 7%. The 6 -year term will coincide with the balance of
the assessments in Briar Oakes. s', ",e 8 (� `
2. Do not adopt the resolution at this time. This does not appear to be a
feasible alternative since the project has been completed, and the
benefiting property owners have been identified.
C. STAFF RECOMMENDATION:
It is recommended that alternative lit be adopted establishing the
assessment roll as proposed. Adoption at this time will allow the City to
certify the assessment roll with the County Auditor for collection with the
property taxes starting in 1994.
D. SUPPORTING DATA:
Copy of resolution; Copy of assessment roll.
f
L
1'110J ECT 413-10C
BRIAtt OAKES POND OUTLET
FINAL COSTS
8/10/93
1. Fuel Wst for pumping pond and anise site work
$ 100.00
2. Restoration, including seed
$ 160.00
3. Concrete pipe, aprons, and manhole
$3,174.86
4. Gate valve and operating haadle
$ 402.67
6. Manhole casting
$ 200.00
6. rrush guards
$ 264.15
7. Installation, including rip rat) & Insulation materials
$2.1W.20
TMAL CONS'I'itucr1UN LUST
$6,471.78
Engineering 1:stinatc;
$2.000.00
'r(YPAI. PROJECT ('1 )SA'
$8,471.78
110NDC091'.11RI: 9/10/93
RESOLUTION 93 -
RESOLUTION ADOPTING ASSESSMENT ROLL
PROJECT 93 -IOC
(BRIAR OAKES/MEADOW OAK STORM WATER POND CONNECTION)
WHEREAS, pursuant to proper notice fully given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment of the
improvements of a storm sewer pond connection between Briar Oakes Estates and
Meadow Oak Estates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MONTICELLO. MINNESOTA:
1. Such proposed assessments, a copy of which is attached hereto and made a
part hereof, is hereby accepted and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is
hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
2. Such assessments against improved property shall be payable in equal annual
installments extending over a period of 6 years, the first of the installments to
be payable on or before the first Monday in January, 1995, and shall bear the
interest rate of 7% per annum from the date of the adoption of this assessment
resolution. To each subsequent installment when due shall be added interest
for one year on all unpaid assessments.
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 succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to
the county auditor to be extended on the property tax lists of the county. Such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this 8th day of November, 1993.
Mayor
City Administrator
PROJECT 93 -IOC ASSESSMENT ROLL
(Briar Oakes/Meadow Oaks Pond)
Annual Installments: 6 years
Method:
Equal principal, declining interest
Interest Rate:
7%
Interest Due From:
November 9, 1993
1st Installment Due:
1994
Purpose:
Construction of storm sewer outlet from long pond
in Briar Oakes to large pond in Meadow Oaks
Financing Source:
1991 (A) G.O. Bond 11326
Ad Valorem:
-0-
Assessed:
$8,471.82
0
J
EVIPROVEMENT PROJECT 93 -IOC
(Briar Oakes/Meadow Oaks Pond)
PID #
Name
Descrintion
Assessment Amt.
155-043-000300
City of Monticello
Outlot C, Meadow Oaks
$
329.97
155-043-000400
City of Monticello
Oudot D, Meadow Oaks
$
329.97
155-059-001010
Ultra Homes
Lot 1, Block 1, Meadow Oaks 4th Addition
$
67.92
155-059-001020
Ultra Homes
Lot 2, Block 1, Meadow Oaks 4th Addition
$
67.92
155.059-001030
Ultra Homes
Lot 3, Block 1, Meadow Oaks 4th Addition
$
67.92
155.059-001040
Ultra Homes
Lot 4, Block 1, Meadow Oaks 4th Addition
$
67.92
155.059-001050
Ultra Homes
Lot 5, Block 1, Meadow Oaks 4th Addition
$
67.92
155-059-001060
Ultra Homes
Lot 6, Block 1, Meadow Oaks 4th Addition
$
67.92
155-059-001070
Ultra Homes
Lot 7, Block 1, Meadow Oaks 4th Addition
$
67.92
155.059-001080
Ultra Homes
Lot 8, Block 1, Meadow Oaks 4th Addition
$
67.92
155-059-002010
Ultra Homes
Lot 1, Block 2, Meadow Oaks 4th Addition
$
67.92
155.059-002020
Ultra Homes
Lot 2, Block 2, Meadow Oaks 4th Addition
$
67.92
155-059-002030
Ultra Homes
Lot 3, Block 2, Meadow Oaks 4th Addition
$
67.92
155-059-002040
Ultra Homes
Lot 4, Block 2, Meadow Oaks 4th Addition
$
67.92
155.043-001000
Tony Emmerich
Outlot J, Meadow Oaks
$1,749.42
Construction Inc.
155-070-000010
C & S of St. Cloud
Oudot A, Briar Oakes Estate
$5,247.42
0"1
Council Agenda - 11/8/93
6. Consideration of a resolution authorizing for the issuance and sale
of $980.000 in G.O. Refunding Bonds. (R.W. )
A. REFERENCE AND BACKGROUND
Recently, Mr. Jerry Shannon of Springsted, Inc., our bund consultant, has
been reviewing our outstanding debt to see if there are any bond issues we
currently have that could he refinanced to save us interest cost. As you
may recall, a year ago we refinanced $535,000 in G.O. debt because of the
lower interest rates, and it is recommended that the City again consider
refinancing our 1988 (A) G.U. bond issue that was originally issued for
financing improvements to East County Road 39, construction of wells #3
and #4, improvements to Dundas Circle in the industrial park, and the
streetscape project.
The refunding bond as proposed by Springsted is it little different from what
we have done in the past when refinancing bond issues. Normally, a
refunding bond issue immediately pays off the entire remaining balance
from the old bond issue. The bund issue proposed here by Springsted is
called a cross-over refunding bond issue, and this means that we are not
allowed to pay off the remaining balance until February 1, 1997j -as this is
the first call date for the bonds we currently have. fly selling it refunding
bond Issue today, we ore able to lock in the lower interest rates; but an
escrow account is established at a major hank which really hangs onto our
money until February 1, 1997, at which time the original bond is retired.
Because we have to wait a few years, we won't realize tiny immediate
savings from the lower interest rate; but overall, it is projected that by
refinancing today, well save it net of over $130,0011 in total interest expense.
Mr. Jerry Shannon will he at the meeting to further explain their
recommendation to the Council. If the Council approves issuing the
refunding bonds. Springsted would like to request the Council hold it special
meeting un Monday, December G, at 5 p.m., fur the purpose of awarding
bids on this bond. Due to the timing of this sale and in order to complete
the transaction by the end of the year, Mr. Shannon feels that the City
should ask for the hills to be returnable December 6 rather than waiting for
our regular meeting December 13. if there is it conflict with this date or
time, there may he other alternatives that will work also.
ALTERNATIVE ACTIONS
Adopt the resolution authorizing for the issuance and sale of it
$980,000 C.O. Improvement Refunding Bond, Series 1994 (A).
!') - Pi' 4-A,
Council Agenda - 11/8/93
Do not adopt the resolution.
C. STAFF RECOMMENDATION:
It is my recommendation that the Council authorize the issuance of the
refunding bonds as recommended by Springsted. With the lower interest
rate environment we are now in, there really is no reason why the City
shouldn't capitalize on these rates and lock in a potential savings of over
$130,000 in interest cost. In the future, it may be economical for other bund
issues to also be refinanced, and we will continue to look at these in the
months ahead.
SUPPORTING: DATA:
Copy of proposed resolution from bond counsel; Recommendations from
Springsted.
Extract of Minutes of Meeting
of the City Council of the City
of Monticello, Wright County, Minnesota
Pursuant to due call and notice thereof a regular meeting of the City Council
of the City of Monticello, Wright County, Minnesota, was held at the City Hall in the
City on Monday, November 8, 1993, commencing at 7:00 P.M.
The following members of the Council were present:
and the following were absent:
•�� •*• rte•
The following resolution was presented by Counciimember who
moved its adoption:
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE ISSUANCE
AND SALE OF APPROXIMATELY $980,000 GENERAL OBLIGATION
IMPROVEMENT REFUNDING BONDS, SERIES 1994A
HE IT RESOLVED By the City Council of the City of Monticello, Wright
County, Minnesota (City) as follows:
It is hereby determined that:
(a) the City is authorized by the provisions of Minnesota Statutes,
Chapter 475 (Act) and Section 475.87, Subdivision 13 of the Act to issue and
sell its generalobligation bonds to refund outatanding bonds when determined
by the City Council to be necessary and desirable;
67361046
101100.43
0
M it is necessary and desirable that the City issue approximately
$980,000 General Obligation Improvement Refunding Bonds, Series 1994A
(Bonds) to refund in advance of maturity and at their redemption date,
certain outstanding general obligations of the City;
(c) the outstanding bonds to be refunded ( Refunded Bonds) consist
of the $1,625,000 General Obligation Improvement Bonds, Series 1988A, dated
June 1, 1988, of which $1,035,000 in principal amount is callable on February
1, 1998.
2. To provide moneys to refund in advance of maturity the Refunded
Bonds, the City will therefore issue and sell Bonds in the approximate amount of
$971,180. In order to provide in part the additional interest required to market the
Bonds at this time, additional Bonds will be issued In the amount of $8,820. The
excess of the purchase price of the Bonds over the sum of $971,180 will be credited
to the debt service fund for the Bonds for the purpose of paying interest first
coming due on such additional Bonds. The Bonds shall be issued, sold and delivered
in accordance with the terms and conditions of the following Terms of Proposal:
ane1a6
P0190 .43
D
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$990,000•
CITY OF MONTICELLO, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1994A
Proposals for the Bonds will be received by the City Administrator on Monday, December 6,
1993, until 1:00 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh
Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated.
Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of
the same day.
DETAILS OF THE BONDS
The Bonds will be dated January 1, 1994, as the date of original Issue, and will bear interest
payable on February 1 and August 1 of each year, commencing August 1, 1994. Interest will
be computed on the basis of a 360 -day year of twelve 30_day months. The Bonds will be
Issued In the denomination of $5,000 each, or in integral muftiples thereof, as requested by the
purchaser, and fully registered as to principal and Interest. Principal will be payable at the main
corporate office of the registrar and interest on each Bond will be payable by check or draft of
the registrar mailed to the registered holder thereof at the holder's address as it appears on the
books of the registrar as of the close of business on the 15th day of the immediately preceding
month.
The Bonds will mature February 1 in the years and amounts as follows:
1997 $115,000 2000 $120,000 2003 $130,000
1998 $115,000 2001 $120,000 2004 $135,000
1999 $120,000 2002 $125,000
• The City reserves the right, after proposals are opened and prior to award, to increase or reduce dro
principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total
amount not to exceed $25,000 and will be made in multiples of $5,000 in any of the maturities. In the
event the principal amount of the Bonds is Increased or reduced, any premium offered or ary
discount taken will be increased or reduced by a percentage equal to the percentage by which the
principal amount of the Bonds is increased or reduced.
OPTIONAL REDEMPTION
The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or
after February 1, 2003. Redemption may be in whole or in part and if in part, at the option of
the City and in such order as the City shall determine and within a maturity by lot as selected
by the registrar. All prepayments shall be at a price of par plus accrued Interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will plodgo its full faith and
credit and power to ;evy direct gonoral ad valorem taxes. In addition the City will pledge
special assessments against benefited property. The proceeds will be used to rotund in
0
advance of maturity the 1997 through 2004 maturities of the City's $1,625,000 General
Obligation Improvement Bonds, Series 1988, dated June 1, 1968.
TYPE OF PROPOSALS
Proposals shall be for not less than $971,180 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ('Deposit*} in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $9,800,
payable to the order of the City. tf a check is used, it must accompany each proposal. it a
Financial Surety Bond Is used, it must be from an insurance company licensed to Issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond
must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. II
the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form M a certified or cashier's
check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.,
Central Time, on the next business day following the award. If such Deposit is not received by
that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit
requirement The City will deposit the check of the purchaser, the amount of which will be
deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser
'fails to comply with the accepted proposal, said amount will be retained by the City. No
proposal can be withdrawn or amended after the time set for receiving proposals unless the
meeting of the City scheduled for award of the Bonds Is adjourned, recessed, or continued to
another date without award of the Bonds having been made. Rates shall be in integral
multiples of 51100 or 118 of 1%. Rates must be in ascending order. Bonds of the same
maturity shall bear a single rate from the date of the Bonds to the date of maturity. No
conditional proposals will be accepted.
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
Interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of
matters rotating to the receipt of proposals and award of the Bonds, (u) reject all proposals
without cause, and, (Ili) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTION
If the Bonds quality for Issuance of any policy of municipal bond Insurance or commitment
therefor at the option of the underwriter, the purchase of any such Insurance policy or the
Issuance of any such commitment shell be at the solo option and oxponso of the purchasor of
the Bonds. Any Increased costs of issuance of the Bonds resulting from such purchase of
Insurance shall be paid by the purchaser, excopt that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating foo. Any other rating
agency foes shall be the responsibility of the purchaser.
Failure of the municipal bond Insurer to Issue the policy after Bonds have been awarded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
(00
REGISTRAR
The City will name the registrar which shall be subject to applicable SEC regulations. The City
will pay for the services of the registrar.
CUSIP NUMBERS
If the Bonds quality for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any error with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser.
SETTLEMENT
Within 40 days following the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven,
Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of
customary closing papers, including a no-iitigatlon certificate. On the date of settlement
payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at
the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as
compliance with the terms of payment for the Bonds shall have been made impossible by
action of the City, or Its agents, the purchaser shall be liable to the City for any loss suffered by
the City by reason of the purchaser's non-compliance with said terms for payment.
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly -final Official
Statement within the meaning of Rule 15c2.12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000.
The Official Statement, when further supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shalt constitute a 'Final Official Statement' of the City with respect
to the Bonds, as that term Is defined In Rule 15c2.12. By awarding the Bonds to any
underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no
more than seven business days after the data of such award, it shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded copies of
the Official Statomonl and the addendum or addenda described above. The City designates
the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent
for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such dosignation and (Ii) it shall
enter into a contractual relationship with all Participating Underwriters of the Bonds for
purposes of assuring the rocolpt by each such Participating Undorwritor of the Final Official
Statement.
Dated November 8, 1993 BY ORDER OF THE CITY COUNCIL
IS/ Rick Wolistollor
Administrator
3. Springsted Incorporated is authorized and directed to negotiate the
Bonds in accordance with the foregoing Terms of Proposal. The City Council will
meet at 7:00 p.m. on Monday, December 6, 1993, to consider proposals on the Bonds
and take any other appropriate action with respect to the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember , and upon vote being taken thereon the following
members voted in favor of the motion:
and the following voted against:
whereupon the resolution was declared duly passed and adopted.
uuiou
'ntto•43
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF MONTICELLO
I, the undersigned, being the duly qualified and acting City Administrator of
the City of Monticello, Minnesota, hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council
of the City held on Monday, November 8, 1993, with the original minutes on file In
my office and the extract is a full, true and correct copy of the minutes, insofar as
they relate to the issuance and sale of approximately $980,000 General Obligation
Improvement Refunding Bonds, Series 1994A of the City.
WITNESS My hand as City Administrator and the corporate seal of the City this
_ day of November, 1993.
(SEAL)
W"I"$
01W.0
City Administrator
City of Monticello, Minnesota
0
on
Council Agenda - 11/8/93
7. Consideration of a reauest for a 2 -ft variance to the 10 -ft side vard
setback requirement. Reauest is in coniunction with construction
of an addition to a single family dwelling. Location: Block 5.
Lot 14. Lower Monticello. Aoalicant. Kevin and Mary Hook. (J.O.)
REFERENCE AND BACKGROUND:
The Planning Commission recommended denial of the variance request
under alternative q2. Following is the information on the request as
provided to the Planning Commission.
D. SUPPORTING DATA:
Copy of Planning Commission agenda item; Copy of site plan; Excerpt from
ordinance defining criteria for granting variances.
ch�
Planning Commission Agenda - 11/3/93
4. Public Hearing --Consideration of a request for a 2 -ft variance to the
10 -ft side yard setback requirement. Request is in coniunction with
construction of an addition to a single family dwelling. Location:
Block 5. Lot 14. Lower Monticello. Aanlicant. Kevin and Mary Hook.
W.O. )
A. REFERENCE AND BACKGROUND
Kevin and Mary Hook request a variance to the side yard setback
requirement to allow construction of an addition to their home within a
portion of the side yard setback. Their request is for a 2 -ft variance to the
10 -ft side yard setback requirement. It is possible to build the addition
without a variance. However, Mrs. Hook has explained that the additional
2 ft is needed to enlarge an existing room on the east side of the structure.
If the variance is not granted, then they will need to move an interior wall
to the west in order to make this particular room larger.
Planning Commission needs to determine whether or not the request
complies with the requirements for granting a variance as outlined in the
ordinance. It appears that the request does not comply with the statutory
criteria for a variance. There is sufficient room for an addition to he
constructed without encroaching on the side yard setbacks. The property
can still he economically used for the purpose for which it is intended.
There is nothing unique nor is there any hardship that would justify
granting of the variance. Mrs. Hook indicates that denial of the variance
will create a problem in that they will need to move an interior wall of their
structure in order to gain more useful space on the cast side of the home.
This particular justification for a variance is economic in nature and,
therefore, does not appear to be sufficient grounds for granting a variance.
Finally, to reiterate, a variance should only be granted in those
circumstances where a true hardship is presented by a unique factor,
generally topographical in nature and not self-created whereby the property
cannot he put into a reasonable use without deviating from the ordinance.
According to the City Attorney, a hardship cannot be based on economic
criteria, and arguments concerning "better use of the property" are
generally immaterial. Finally, a variance should never be granted on the
theory that no one is opposed to it or that the variance will not hurt
anybody.
8
Planning Commission Agenda - 1 V3/93
B. ALTERNATIVE ACTIONS:
1. Motion to approve the variance request.
2. Motion to deny granting a variance request based on a finding that a
hardship has not been demonstrated, and the property can still be
economically used for the purpose for which it is intended.
C. STAFF RECOMMENDATION:
Staff recommends denial of the variance request based on the discussion
outlined above.
D. SUPPORTING DATA:
Excerpt from ordinance defining criteria for granting variances; Copy of site
plan to be provided at meeting.
0
-i�
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I
CERTIFICATE OF SURVEY
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fact that the proposed action will not:
4
[A) Impair an adequate supply of light and air to adjacent
[1
property.
[B] Unreasonably increase the congestion in the public
street.
(C) Increase the danger of fire or endanger the public
safety.
(D) Unreasonably diminish or impair established property
values within the neighborhood or in any other way be
contrary to the intent of this ordinance.
23-4:
NON -ECONOMIC HARDSHIP: The Planning Commission, serving as
the Board of Adjustment and Appeals, shall, after receiving
the written reports and recommendations of the City staff,
make a finding of fact and decide upon requests for a variance
by approving or denying the same, in part or in whole, where
it is alleged by the applicant that a non -economic hardship in
/L
the reasonable use of a specific parcel of property exists.
��.
A hardship that by some reason of narrowness, shallowness, or
�^
Y
shape of a specific parcel of property or lot existing and of
MONTICEL
ZONING ORDINANCE 23/1
tP
V
record upon the effective date of this ordinance or that by
reason of exceptional topographic or water conditions of a
specific parcel of land or lot, the strict application of the
terms of this ordinance would result in exceptional
difficulties when utilizing the parcel or lot in a manner
customary and legally permissible within the district in which
said lot or parcel is located, or would create undue hardship
upon the onwer of such lot or parcel that the owner of another
lot or parcel within the same district would not have if he
were to develop his lot or parcel in a manner proposed by the
applicant. Should the Planning Commission find that the
conditions outlined heretofore apply to the proposed lot or
parcel, the Planning Commission may grant a variance from the
strict application of this ordinance so as to relieve such
difficulties or hardships to the degree considered reasonable,
providing such relief may be granted without impairing the
ntent of this zoning ordinance.
23-4:
APPEALS: The Planning Commission, serving as the Board of
Adjustment and Appeals, shall, after receiving the written
report and recommendation of the City staff, make a finding of
fact and make a decision on appeals where it is alleged by the
applicant that error has occurred in any order, requirement,
decision, or determination made by the Building Inspector in
the enforcement of this ordinance. However, said appeal shall
be filed no later than ninety (90) days after the applicant
has received a written notice from the Building IssZectn= or
said appeal shall be considered void. / _1
Council Agenda - 11/8/93
a. Consideration of a reauest for a conditional use Dermit allowing
outside storage. ADnlicant. Custom CanoDV. W.O. )
A. REFERENCE AND BACKGROUND
Planning Commission recommended approval of the conditional use permit
under alternative #I.
Custom Canopy requests a conditional use permit allowing outside storage
in conjunction with the recent development of their new facility at the
intersection of Dundas Road and Fallon Avenue. The request for the
conditional use permit is somewhat after the fact because the original site
plan did not include any reference to outside storage. It was our original
understanding when the building permit was issued that all storage of
materials would occur inside of the structure. Now that City staff has a
better understanding of the method of operation, it appears that the
development will need to obtain a conditional use permit.
OUTSIDE STORAGE CONDITIONAL USE PERMIT
On October 25, 1993, I met with Steve Birkeland, President of Custom
Canopy, regarding his request for a conditional use permit request.
Following is a summary of the discussion which outlines steps or conditions
associated with meeting the minimum requirements fir obtaining a
conditional use permit allowing outside storage.
Proposed Conditions
The area directly north of the paved area is considered to he a storage
area rather than a parking area. This area is used primarily for
storage of materials to be used in future projects and also is used for
short-term storage of semi -trailer trucks that carry materials to and
from work sites.
It was determined that this area will he screened from view through
the use of an 8 -ft high screening fence that will extend from the
northeast corner of the structure along the curb line to 10 IL from the
Fallon Avenue right-of-way. The screening fence would Dien he
extended northerly along Fallon Avenue to a distance of about 100 ft
from the driveway access point on Fallon Avenue then extended
across the property along the rear property line to a point
approximately even with the northwest corner of the existing
Council Agenda - 11/8/93
structure. The intent of this screen is to shroud the view of the
storage from the Fallon Avenue right of way. The fence would also be
extended along the western edge of the storage area to screen the
view of the storage area from Dundas (see site plan).
Materials stored onsite shall not be stacked to an elevation higher
than the screening fence.
2. The storage area will be graded so as to allow drainage to the Fallon
Avenue ditch line at an elevation approximately level with the
existing paved surface. The storage area will be surfaced with a
crushed concrete material. The entire area enclosed by the fence will
be covered with this material.
3. It was also determined that the landscaping plan would be modified
per the ordinance requirements to incorporate the presence of the
screening fence, and the tree planting requirements would be
modified to include a larger development area. It was determined the
tree plantings would he established at 25 -ft to 30-R intervals along
the Fallon Avenue side of the screening fence.
4. No storage of materials shall be allowed in areas designated on the
site plan for parking.
5. The grading plan and screening fence setback and design will he
subject to review and approval by City Planner and City staff.
In addition to agreeing to the criteria noted alwve, Birkeland mentioned
that he will he developing a paint hooth which will be placed along the
northwest side of the existing structure. He will also he installing a crane
to assist in loading and unloading materials from trucks inside the building.
These two developments will improve his ability to store materials inside
rather than outside. Proper execution of items 1, 2, :3, 4, and 5 above
should assure the City that the development will meet the minimum
requirements of the zoning ordinance with regard to screening of materials
stored outside.
B. ALTERNATIVE ACTIONS:
Motion (a) approve conditional use permit contingent on execution of
items 1, 2, :1, 4, and 5 above as described in the attached site plan.
Council Agenda - 11/8/93
Under this alternative, City Council is satisfied that the plan as
proposed sufficiently meets the requirements of the zoning ordinance,
which requires that materials stored outside be screened from view
from the public right-of-way. In meeting the requirements, the plan
is consistent with the character and geography of the area and is
consistent with the comprehensive plan.
Motion to deny approval of the cunditivaal use permit allowing
outside storage.
Under this alternative, City Council could make a finding that the
plan for screening the outside storage area is insufficient and needs
further enhancement or modification in order to accomplish its goal.
Council should take this position if it is concerned that the method of
operation as proposed will create a negative impact on the adjoining
area.
C. STAFF RECOMMENDATION:
The city ordinance clearly allows outside storage in an 1-2 zone; however,
said storage areas need to be screened from view from the public right of
way. It is our view that the plan as proposed will accomplish this goal;
however, we aro concerned about the possibility of the use of the trucks to
store items. The height of material stored on the trucks may exceed the
height of the screening fence; therefore, we could have a problem in
obtaining the desired screening effect with an 8 It fence. A possible
amendment to the conditions would require that the screening fence be of
sufficient height to screen the view of the vehicles and associated materials
stored on the beds of the trucks. The Council could also require that the
storage area he set hack more from the public right-of-way in order to
accommodate landscape plantings along the fence line. Perhaps 10 R as
proposed is not sufficient to allow sufficient room for trees to thrive.
1), SUPPORTING DATA:
Copy of site plan; Copy of excerpt from zoning ordinance.
mop
TraAfpoLt ,
J
T
STAACARQ Z ReN
TWO AC=l TDUM A=C= U*M LIISIIAC GO=
OPZMCS AUAM. ISSUMCIEfT nmrUT Av&UA LL
TD2 T= ACCESS TOM.
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Ttaa �4.w{.w` iwrA4 NNa� !! l+44 atP O�aw 17T�vi� . .SALT 'i
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96,00 die (�.le Aas�sd �iW
y�p�u accessory uses in im i -:-L <<....
Go Ao� v (A) <All permitted accessory uses as allowed in the "B-4"
LPX gU�'idistrlct.
15kw :Ji CONDITIONAL USES: The following are conditional uses in an
"I-1" district: (Requires a conditional use permit based upon
procedures set forth In and regulated by Chapter 22 of this
ordinance).
(A) Open and outdoor storage as an accessory use provided
that:
1. The area is fenced and screened from view of
neighboring residential uses or, if abutting a
residential district, in compliance with Chapter 3,
Section 2 (G), of this ordinance.
2. Storage is screened from view from the public
right-of-way in compliance with Chapter 3,
Section 2 (G), of this ordinance.
MONTICELLO ZONING ORDINANCE 158/2
3. Storage area is grassed or surfaced to control
dust.
4.
All lighting shall be hooded and so directed that
the light source shall not be visible from the
public right-of-way or from neighboring residences
and shall be in compliance with Chapter 3,
Section 2 (11), of this ordinance.
S.
The provisions of Chapter 22 of this ordinance are
considered and satisfactorily met.
-V
(B) Open or outdoor service, sale, and rental as a principal
1 or
an accessory use and including sales in or from
motorized vehicles, trailers, or wagons provided that:
1.
Accessory outside service, sales, and equipment i5
(•J��
rental connected with a principal use to limited to£.,.��'
thirty (30) percent of the gross floor area of the
principal use.
2.
Outside sales areas are fenced or screened from
view of neighboring residential uses or an abutting("'P
residential district in compliance with Chapter 3,
Section 2 (G), of this ordinance.
1 3.
!
All lighting shall be hooded and so directed that
the light source shall not be visible from the r f
public right-of-way or from neighboring residences
and shall be In compliance with Chapter 3,
Section 2 (11), of this ordinance.
4.
Sales area In greased or surfaced to control duet.
�5.
The provisions of Chapter 22 of this ordinance are
/ u J
Council Agenda - 11/8/93
9. Consideration of a reauest for a conditional use Permit which
would allow outside sales, outside storage, and consideration of a
parking and drive aisle conditional use Permit. Location: Lot 1,
Block 2. Oakwood Industrial Park. Applicant. Simonson Lumber.
(J.O.)
A. REFERENCE AND BACKGROUND
The request for the various conditional use permits stems from requests
made by Simonson Lumber to construct a 56' x 112' shed on the southeast
corner of their property. In order to expand the use of the property as
proposed, it is the requirement of the city ordinance that the site be
upgraded into conformance with city ordinance.
You may recall that some time ago Simonson's constructed an 88'x 104'
shed on the west side of the property. City staff allowed this expansion to
occur without compliance to the outside storage conditional use
requirements because, prior to issuing the building permit, we were
informed that the items that were stored outside at the location of the shed
would all be put inside; therefore, it was our view that development of this
structure did not constitute an expansion of the facility and, therefore, did
not create the need to bring the site into total compliance. Subsequent to
development of the structure, staff discovered that most of the items that
we were told would he stored inside were stored somewhere else, outside in
areas where there hadn't been any outside storage previous to construction
of the new building. Therefore, in reality, the enlargement of the structure
did create an intensification of the non -conforming use.
Now that Simonson Lumber requests an additional building for outside
storage, it is an opportunity to correct the mistake made previously by now
requiring that Simonson's comply with the existing ordinance. Following is
a review of the conditional use permits requested along with conditions
associated with each request. The decisions for the City Council are broken
down into four separate actions.
For your reference, two site plans have been provided, one showing
Simonson's proposal and the other showing the Planning Commission
recommendation.
CONDITIONAL USE PERMIT ALLOWING OUTSIDE BALES
As you can see on the two site plans, there is a relatively small area
dedicated for outside sales near the main gate of the lumber yard. This
area has been used in years past for display of items such as storage
buildings and discounted lumber. Practical experience has shown that this
paved area has not boon needed for parking; therefore, it appears
reasonable to allow this area to be used for outside sales. On the other
10
Council Agenda - 11/8/93
hand, on occasion we have witnessed this area used as a site for
manufacturing the storage buildings that are later displayed on site. City
Council could take the view that manufacturing activity which results in
short-term storage of equipment, materials, etc., is not appropriate in a
sales area; therefore, any manufacturing needs to be conducted within the
lumber yard in a well -screened area. As a condition of allowing the area to
be used for outside sales, Council may wish to require that the area cannot
be used for manufacturing.
It does not appear that parking is a problem on site, nor does it appear that
the additional storage building will create the need for additional parking
spaces. However, in the event that parking becomes a problem, the outside
sales area could be converted to an area for vehicle parking. Perhaps as an
additional condition, use of the area for outside sales may continue so long
as the need for the area for parking is not present and that said area would
need to revert to an area for parking at such time as the need becomes
evident as determined by the City.
CONDITIONAL USE PERMIT ALLOWING otl'1' im sTORA(;E
The present city ordinance requires that all outside storage be screened
from view from the public right-of-way. The plan as proposed by
Simonson's would utilize the existing fence on the west side of the property
in combination with plastic slats to screen materials stored along the
western edge of the property. The fence as proposed is clearly marked on
the alternative site plans. Unfortunately, the county right-of-way that
extends along the west side of the property is higher than the Simonson's
storage yard; therefore, even a 7-8 R high screening fence will not
adequately screen materials stored toward the center of the property. 'fhe
manager from Simonson's indicated that he will store materials along the
western boundary of the property and not toward the center of the property
in order to achieve the greatest benefit from the screening fence.
The area directly east of the parking lot and adjacent to Chelsea Road is
currently used for short-term storage and display of lumber and other
materials. Simonson's requests that this area he deemed as an outside
sales area, which would then allow the materials to be displayed without
being screened from view from Chelsea Road. City Council needs to
determine whether or not this area qualifies as an outside sales or outside
storage area. If it is deemed outside sales, then it need not be screened. If
it is deemed as an outside storage area, a screening fence will need to he
put in place along the perimeter of this area. There are also items stored
along the eastern boundary of the property line that are stored some
distance from the Chelsea Road right-of-way. Council should visit the site
and determine if this area also needs to be screened from view from Chelsea
Road. Is it the intent of the ordinance to require that all outside storage be
if
Council Agenda - 11/8/93
screened even if placed some distance from the right-of-way and not in
obvious or direct view? In summary, Council needs to determine what type
of screening or level of screening constitutes "screened from view from the
public right-of-way."
PARKING LOT AND DRIVE AISLE CONDITIONAL USE PERMIT
The parking lot serving Simonson Lumber and the driving areas serving the
lumber yard were all designed prior to the inception of the zoning
ordinance. The parking lot features a paved area without curb and gutter.
As you know, all new development must have curb and gutter. The existing
system works well with the existing ditch system and provides an adequate
storm water drainage. It might be unrealistic to expect that the parking lot
be retrofitted with curb and gutter after being designed to be integrated
with the ditch system. You might recall that the maintenance building was
allowed to expand without placement of curb and gutter on the perimeter of
the employee parking area.
The plan as proposed by Simonson's shows the parking lot remaining the
same with the exception that a cedar split -rail fence will be placed along the
western boundary of the parking lot. This fence will help frame the parking
area and discourage people from exiting the parking lot onto County Road
117. In addition, it is proposed that the entire surface used by the public
and by trucks entering the lumber yard will be surfaced with a 6" crushed
granite surface. This surface should adequately control dust., which brings
it into compliance with the requirements of the conditional use permit.
In summary, the reduction in standard requirements requested by
Simonson's includes elimination of curb around the parking lot and use of
crushed granite versus pavement in the warehouse area.
LANDSCAPING
According to ordinance, the site should contain a minimum of 43 overstory
trees. According to the site plan, only 33 trees are provided. The Planning
Commission recommended that the full complement of trees be planted.
You will note on the site plan, Simonson's plans to plant trees primarily on
the southwest corner of the site as well as in the area between the parking
lot and the outside storage area. Perhaps additional trees could be planted
along the eastern boundary of the property line and in an area on the
western side of the property line. On the Planning Commission site plan,
you will note additional tree planting locations as suggested by the Planning
Commission.
12
Council Agenda - 11/8/93
B. ALTERNATIVE ACTIONS:
DECISION #1 - Request for outside sales conditional use permit - Planning
Commission recommended alternative #1.
Motion to grant approval of the conditional use permit allowing
outside sales contingent on the following:
a. No construction of articles sold in the outside sales area is
allowed. Construction activities must occur within the
screened -in area of the facility.
b. If the need for additional parking arises, the outside sales area
must be converted to a parking area at the discretion of the
City of Monticello.
C. Completion of the landscaping plan as required by ordinance.
2. Motion to deny conditional use permit. allowing outside sales.
DECISION i2 - Request for outside storpge conditional use permit - Planning
Commission recommended alternative N1.
Motion to grant conditional use permit allowing outside storage as
recommended by the Planning Commission contingent on the
following:
a. The area containing lumber and other items for sale along
Chelsea Road is considered an area for outside storaee and
thus should be screened appropriately.
Under this alternative, Council takes the view that the plan as
proposed by Simonson's will not adequately screen the
materials stored outside along Chelsea Road. (See site plan for
specifics on location of screening fence as proposed by the
Planning Commission.)
Completion of the landscaping plan as required by the City.
2. Motion to approve conditional use permit plan as proposed by
Simonson's allowing outside sales and deem the area along Chelsea
as an outside sales area.
Council should select this option if it is interpreted that the area
along Chelsea is for outside sales and, therefore, does not need to he
screened.
13
Council Agenda - 11/8/93
3. Motion to deny conditional use permit allowing outside storage.
This alternative should be selected if Simonson Lumber rejects the
City's screening requirement and is not willing to screen outside
stored materials as requested by the City Council. According to
Simonson Lumber representatives, they are willing to comply with
the City requirements; therefore, it does not appear that this
alternative will even occur, as I believe they will be willing to abide
by the City's interpretation of the ordinance with regard to the
screening requirement.
DECISION t}S - Parking lot and drive aisle conditional use request.
Motion to approve a parking lot and drive aisle conditional use permit
without curb and gutter.
Under this alternative, the City Council is satisfied that the concept
of installing a 6" crushed granite surface over the lumber yard area is
sufficient to maintain dust control in the area and that there is not
an overriding need to pave the area. In addition, practical experience
has shown that the parking lot already provided on site is sufficient
and that a conditional use permit allowing expansion without
upgrading the parking lot to require curb and gutter is reasonable
and appropriate. This alternative is also subject to review and
approval of the landscaping plan.
Motion to approve parking lot and drive aisle conditional use permit
with the exception that curbing must be provided around the parking
lot perimeter.
This is the alternative selected by the Planning Commission. It was
their view that it would not be unreasonable to require construction
of curb around the parking lot and that this requirement is necessary
to maintain fair and consistent application of the ordinance. It was
also mentioned that the expansion will maximize the site. This will
he the last chance for the City to bring Simonson's into full
compliance.
3. Motion to deny a parking lot and drive aisle conditional use permit.
Under this alternative, the Council believes that the entire parking
lot and drive aisles within the lumber yard need to be upgraded to a
paved surface and that this is the opportunity to require such an
improvement.
14
Council Agenda - 11/8/93
DECISION #4 - Reduction in landscaping/tree requirement.
1. Motion to approve landscaping plan as proposed.
Under this alternative, City Council is satisfied that the proposal to
plant trees as proposed is sufficient to comply with the spirit of the
ordinance governing landscaping. Approval of this alternative would
result in a development that is approximately 9 trees short of the
minimum requirement.
2. Motion to approve landscaping plan contingent upon placement of 9
additional trees on the site as noted by the City Council.
Under this alternative, Council sees the opportunity to require
additional tree plantings to come into compliance with the zoning
ordinance.
3. Motion to deny approval of landscaping plan.
This alternative should be selected if the applicant expresses an
unwillingness to comply with the requirements made by the Council
with respect to alternative k2 above.
C. STAFF RECOMMENDATION:
With regard to outside sales, staff recommends approval with conditions as
noted.
With regard to outside storage, staff recommends approval of the
conditional use permit subject to placing the area east of the parking lot
into the area defined as outside storage, which would require that this area
be screened. Let's call a spade a spade: this area is used for sales, but it is
predominantly an outside storage area and should he screened from the
right-of-way in order to be in compliance with the city ordinance.
City staff requests that the Council take a close look at. whether or not a
screening fence needs to be extended along the eastern boundary line of the
property to screen outside storage internal to the site. It is the view of City
staff that a screening fence should be extended at least part way down the
east property line as extended from Chelsea Road as proposed by the
Planning Commission.
With regard to the parking lot and drive aisle conditional use permit, staff
recommends that the permit be issued as requested by Simonson's. It's
hard to justify requiring Simonson's to retrofit curb when the City did not
require it with expansion of the public works facility.
15
Council Agenda - I V8/93
With regard to the landscaping requirement, in the past the City has
required that expanding businesses update their landscaping. As you may
recall, not too long ago the City required that Joyner's plant additional trees
in conjunction with the development of a proposed volleyball court. It is our
recommendation that the additional 9 trees be planted as required by the
zoning ordinance.
In summary, Simonson Lumber has been very rnoperat.ive in working with
City staff toward development of a site plan that represents an
improvement over the existing site plan. It is very difficult to bring a
grandfathered site into complete compliance; however, the plan as proposed
makes great strides in that direction and will definitely result in an
improved site over what exists today. We appreciate the time and energy
that Simonson Lumber has put into preparing this plan, and we expect that
they will support interpretations made by the Council in areas where there
is some dispute.
D. SUPPORTING DATA:
Copy of site plan proposed by Simonson Lumber; Copy of site plan as
recommended by Planning Commission; Copy of excerpt from zoning
ordinance.
,1 I i
7777�-
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Aar R-bol
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vecymtp sYn •.
imonimon
{by- Simonson)
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ab. toA
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{ granite surface
•
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(by Simonson)
s
4.0. rm
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aLr
existing:
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trees, -
.S�ttaH♦
.p y
- s . .
tewtt
04WO l+ ay++¢ moans
'��, �i'• OUtn lde�T•XaX.U4 trn
salen {
I
.
HG �',�•,••
� L:;A`✓Qi;7T`' .:err'.
i► w7i�.
VNC ,pANovM.issfo t+ `Iecoj%4MG�IC�4T4'O✓1
— : a"
(by Simonson)
• 10... ye• r,-
t �(ftt,wtA
Tree P644iNt � 3
J rnm.r, en•,d�L�wGt
M;A,'Mr s
Re�r�i4eI cx,�Tuc v•it additional
0 6" crushed trees as
diG�iAOn� granite surface suggested
by Qic. f
� ppn
I [[A
i
fig/)
as
/.�, P ..•his
• - �ti- U•-�- (by Simonson)
• w co
e 1 fthc[ Luj
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Scj"*tw�t Ov.�S aril 1•• `L= E.1o �.�....� } trees -
J�anct
Area
(/s� U eUlea
u
,;�p/f accessury uses 1.11 all "♦-
Cry
Pnp�� (A) A<All permitted accessory uses as allowed in the "B-4"
G `/ O�50 JJdistrict.
i9 }1 CONDITIONAL USES: The following are conditional uses in an
"I -i" district: (Requires a conditional use permit based upon
procedures set forth in and regulated by Chapter 22 of this
ordinance).
(A) Open and outdoor storage as an accessory use provided
that:
1. The area is fenced and screened from view of
neighboring residential uses or, if abutting a
residential district, in compliance with Chapter 3,
Section 2 (G), of this ordinance.
2. Storage is screened from view from the public
right-of-way in compliance with Chapter 3,
Section 2 (G), of this ordinance.
MONTICELLO ZONING ORDINANCE 15812
3. Storage area is grassed or surfaced to control
V dust.
I
e
4. All lighting shall be hooded and so directed that
the light source shall not be visible from the
public right-of-way or from neighboring residences
and shall be in compliance with Chapter 3,
Section 2 (H), of this ordinance.
S. The provisions of Chapter 22 of this ordinance are
considered and satisfactorily met.
Open or outdoor service, sale, and rental as a principal
or an accessory use and including sales in or from
motorized vehicles, trailers, or wagons provided thats
1. Accessory outside service, sales, and equipment ri
rental connected with a principal use is limited to
thirty (30) percent of the gross floor area of the
principal use.
2. Outside sales areae aro fenced or screened from
view of neighboring residential uses or an abuttingC•"C
residential district in compliance with Chapter 3,
Section 2 (G), of this ordinance.
3. All lighting shall be hooded and so directed that r r.
the light source shall not be visible from the
public right-of-way or from neighboring residences
and shall be in compliance with Chapter 3,
Section 2 (H), of this ordinance.
4. Sales area is grassed or surfaced to control dust.(:-','
D
S. The provisions of Chapter 22 of this
ordinance are
Council Agenda - 11/8/93
to. Consideration of adouting the undeveloped right-of-wav fencing
Policy. (R. W. )
A. REFERENCE AND BACKGROUND:
About a month ago, Mr. Jim Eisele had appeared before the Council
ragnest.ing permission to fence in a portion of undeveloped 4th Street
located adjacent to property he owned. The Council granted Mr. Eisele
permission but also requested that the City staff develop a policy that can
be utilized city-wide in the future for similar requests.
A policy which outlined the City staffs concerns when allowing right-of-
ways to be fenced was prepared and forwarded to the City Attorney, Paul
Weingarden, for his review. The policy to be considered tonight has been
reviewed and redrafted where necessary by the City Attorney. It is the City
Attorney's opinion that if the City Council wants to allow fencing of public
right-of-ways, this policy should help limit the City's liability.
If the policy as presented is adopted, the text of the policy would be
included in an agreement form that would be required to be executed by
property owners requesting fencing authority. The document would remain
on file in city hall for future reference.
B. ALTERNATIVE ACTIONS:
1. Council can adopt the policy as proposed and reviewed by the City
Attorney. The policy guidelines should adequately protect the City in
those cases where individuals are given permission to fence in
undeveloped right-of-ways.
2. The second alternative would be to adopt the policy with any changes
desired by the Council.
C. STAFF RECOMMENDATION:
Since the City is allowing abutting property owners to utilize portions of
city right-of-way, the staff recommends that the policy be adopted as
proposed. In discussions with the City Attorney, he noted that he was not
necessarily in favor of the City allowing property owners to construct a
fence on city right-of-way; but if the City wants to allow this, a policy as
proposed should be adopted to provide sonic protection for the City.
D. SUPPORTING DATA:
Copy of proposed right-of-way policy.
17
CITY OF MONTICELLO
UNDEVELOPED AIGH:T-OF-WAY FENCING POLICY
The City of Monticello ("City") upon application may allow
the owner(s) of real property ("Owner") abutting a City
unimproved public street right-of-way ("Area") to construct a
fence enclosing all or a portion of the Area provided the
following conditions are met to the satisfaction of the City
Council:
1. The Owner may enclose all of the Area which directly
abuts their property if the Owner obtains written
permission from all other persons who own or have an
ownership interest in real property abutting the Area.
If the Owner cannot obtain written permission from all
of such persons, Owner may only fence one-half (k) of
the Area measured by the property line of Owner to the
centerline of the Area. In cases where this line is
unclear, the decision of City staff will control.
2. In the event any of the abutting property owners or
their successors or assigns rescind their permission to
fence the entire Area, Owner shall be required to
relocate the fence so as to enclose only one-half ()
of the area, in accordance with paragraph 1, as if
written permission from all other abutting owners had
not been obtained.
3. Any fence enclosure shall be of a low maintenance chain
link type material and shall be fitted with a top rail.
The fence construction shall not contain any sharp
edges, barbed wire, or be constructed in such a manner
as to pose a hazard to the general public in the
opinion of City staff.
4. The Owner shall not use the Area for storage of any
item or place any permanent or temporary structure
within the Area.
3. The Area must be maintained as "green space". Any
landscaping, plantings or other improvements to the
Area shall be at the expense of Owner and shall become
the property of City upon the termination of the
license granted herein and removal of the fence.
6. Owner shall maintain liability insurance covering the
fence and the fenced Area against damages tc persons or
property in an amount not less than $t06,tAo, = Owner
shall name the City as an additional insured under said
policy and shall provide evidence of continuing
insurance coverage upon demand by City no long as the
Area remains fenced.
Owner agrees to hold City harmless from any damages
suffered by any person or to any property arising out
of the use or control of the Area by Owner or the fence
placement or design, and agrees to defend City against
any claims arising therefrom.
Maintenance and repairs to the fence shall be the
responsibility of Owner. If the fence is damaged, not
properly maintained or in disrepair, City may, upon ten
(10) days written notice to the Owner's last known
address by United States mail, have the right to
repair, maintain or remove the fence.
Any cost incurred by the City for the repair,
maintenance or removal of the fence shall be assessed
to Owner. Failure to pay the assessment within thirty
(30) days written notice shall entitle City to certify
the unpaid assessment to the abutting real estate of
Owner to be collected together with county real estate
taxes.
10. City retains the right to require Owner to remove the
fence without compensation at any time. Failure by the
Owner to remove the fence after 10 days' written notice
shall allow the City the right to remove the fence and
assess all costs of removal to the property owner in
the same manner as in paragraph 9.
11. In the event City receives notice, either actual or
constructive, that a mechanic lien has been filed
against the Area arising out of the construction of the
fence and/or improvement to the Area, Owner agrees to
promptly pay said mechanic lien and discharge the
notice of the same from public records. If the Owner
fails to do so, City may, upon ten (10) days written
notice to Owner, pay the mechanic lien claimant and
obtain a discharge of the lien and thereafter assess
the cost to the Owner and Owner's abutting real
property in accordance with paragraph 9.
12. The aliowanco by City to enclose all or a portion of
the Area constitutes a license only and does not confer
upon Owner any ownership or encumbrance interest in the
Area whatsoever.
13. The property owner requesting permission to fence the
right of way must agree to all of the above conditions
outlined by entering into a formal written agreement
with the City.
14. Upon roaeonable notice and demand by the City, the owner ahall
provide authorized City paroonnol acceen to the fenced right -of -ray
when nocosaary for City to conduct maintenance and ropaira an axioting
utilitiae located within right-of-way or for any other lawful public
purp000.
City Council Agenda - I V8/93
11. Consideration of ourchasin¢ a replacement personal computer for
Deputy Reaistrar. (J.O., C.S.)
A. REFERENCE AND BACKGROUND
City Council is asked to consider purchasing a personal computer to replace
the current Deputy Registrar system. In May, 1991, our Deputy Registrar
department began utilizing a computerized entry and reporting system to track
motor vehicle and DNR transactions. The MVR software package was
purchased from Russ Reetz, an independent vendor who maintained and
supported the programs for approximately 25 cities in the state. The personal
computer purchased by the city was an IBM-compatible computer with a 286
processor, a 40 megabyte hard drive, and 1 megabyte of memory. At the time,
this was considered more than adequate to handle our needs and the cost also
fit into the budget.
As the number of MVR users grew and the state began to make changes in
their requirements, Mr. Reetz sold out his interest to a company called DMS,
Dynamic Management Systems. The new company works directly with the
State Department of Public Safety in maintaining and updating the programs
to keep up with changes imposed through the legislature and the audit
department of the Driver & Vehicle Division.
Due to the complexity of the programs and the many fixes that have been
made over the years, DMS has found it will be necessary to completely
overhaul the motor vehicle programs to meet certain changes mandated to
begin January 1, 1994. In the course of updating the programs, more system
resources will he required to operate the programs on a personal computer.
This means that our present personal computer will not be powerful enough
to meet the requirements of the new software.
We have checked with Computer Parts and Service about the possibility of
replacing and upgrading parts to enable the Deputy Registrar clerks to
continue using the same personal computer. Updating the current computer
would require drastic changes to the components and Computer Parts and
Service felt it probably would not he feasible logistically or economically. They
also stated they probably would not not he able to warranty the upgraded parts
and it would cost much more for a maintenance contract than a new machine.
They recommended the purchase of n new personal computer.
The new motor vehicle software from DMS will not cost the city additional
money because we carry a software support agreement which covers all
support and maintenance of the Deputy Registrar software. If we do not
18
City Council Agenda - 11/8/93
upgrade our hardware to meet the needs of the new software, DMS would
continue to provide telephone support for the current software but will not
make any program updates. This means that after January 1, 1994, we would
no longer be current with the state requirements for reporting of motor vehicle
transactions. Eventually, the state would probably quit accepting our
computer reports because the report format would not meet their
requirements. Most likely, the city would have to return to manual reporting
methods which would almost certainly require additional staff for the Deputy
Registrar department.
It is staffs opinion that the cost of a personal computer to replace the current
one could easily be justified in lieu of having to return to manual reporting
methods. In addition, the new motor vehicle software will provide more speed,
better efficiency, and on-line history of past years' transactions. The latter is
an excellent advantage over the old system as there are many times when it
is necessary to do a "look up" on a previous transaction that has been purged
off the system onto a storage diskette.
The computer that is currently being used by the deputy registrar department
could be used by the Monticello Fire Department. The fire chief had requested
consideration of an addition to his budget for a personal computer and printer.
Due to the amount of data that the fire department tracks and the reports they
need to generate, they feel the time is right to transfer their manual records
to computer.
B. ALTERNATIVE ACTIONS:
1. Approve the purchase of a new personal computer for the Deputy
Registrar department at a cost of approximately $3,000. (There is
$3,500 available in the capital outlay portion of the data processing
budget originally allotted for an additional laser printer which is not
needed at this time.)
This option should be selected if City Council agrees that the city should
update their computer hardware and stay current with the proposed
software updates to ensure the continuation of computerized reporting
for deputy registrar.
'l. Deny the purchase of a new computer for the Deputy Registrar
department.
This option should be selected if City Council finds that they do not feel
it is necessary to stay current with the proposed software updates.
19
City Council Agenda - 11/8/93
C. STAFF RECOMMENDATION
City staff recommends alternative til to purchase a new computer for Deputy
Registrar use. The computerization of Deputy Registrar reporting has proven
to be quicker and more efficient over the previous method of manual reporting.
It possibly has saved the city from hiring additional help in the Deputy
Registrar area. Staff feels that the city should continue using a computerized
system for Deputy Registrar reporting and supports the upgrade of programs
as necessary. This would include purchasing a new personal computer to meet
the requirements of the upgraded software.
If Council approves the purchase of a new computer for Deputy Registrar use,
city staff recommends that the older computer and a small extra printer be
given to the Monticello Fire Department for their use.
D. SUPPORTING DATA:
Copy of excerpts from DMS user group handout
20
III. Future Software Direction
♦ Although existing MVR software is functional, the software is
outdated and does not take advantage of available technology
♦ DMS is in process of developing a new state-of-the-art software
system which will be fully implemented in all installations by
January 1, 1994
♦ Formed a design committee of users to assist in the development
of the new software
♦ Software - designed to be easier to use, faster, and ultimately
allow users to be more efficient — thus more profitable
IV. New Software Capabilities and Features
♦ New pull down menuing system
♦ On-line help
♦ User defined transaction screens
♦ Improved plate and sticker inventory system
♦ Improved inquiry capabilities
♦ Full printer library with over 300+ printers
♦ F1n8 report
0
(software features cont)
♦ More speed
♦ Pop up miscellaneous keys
♦ Easier and faster data entry
♦ New reports
♦ Improved end of year procedures
V. Demonstration of the Software
♦ See view screen
VI. Hardware Requirements
♦ 386SX processor or higher
♦ 2 MB of memory or higher
♦ MS-DOS 3.3 or higher a.�-
W' nee d
0,bic
c♦ 40 MB hard disk drive or higher (depending on Inventory) Leask
C) If yoApurchasing new hardware — recommend purchasing 486
computers - 4 MB Memory, 100 MS Hard Disk Space
//
Council Agenda - 11/8/93
14, Consideration of reviewing status of Oak Ridge subdivision oroiect--
Tonv Emmerich. (R.W.)
A. REFERENCE AND BACKGROUND:
At the previous Council meeting, the Council was provided with an update
on the status of the Oak Ridge utility construction project. The Council was
informed that City staff had allowed Mr. Emmerich to start construction of
the private utilities within the development without the letter of credit
being available in the amount of 25% of the estimated project cost.
Mr. Emmerich had requested that the City defer requiring the letter of
credit until the property is platted, as he felt this would be adequate
protection to ensure that lots could not be sold without the utilities being
constructed.
The Council consensus at the last meeting was that City staff should inform
Mr. Emmerich that the letter of credit would still be required if the utility
construction was going to continue this fidl. Council noted that if the letter
of credit was not provided by the next meeting, Monday night,
Mr. Emmerich would be requested to appear before the Council to provide
more detailed information as to why the City Council should not halt the
project. As of Thursday evening, the letter of credit has not yet been
provided, but a letter has been received from Mr. Emmerich noting that he
will provide the letter of credit as soon as the bank gets it processed.
Based on the Council's previous action, Mr. Emmerich has been advised
that this item is being placed on the agenda for Council consideration if the
letter of credit is not available by Monday evening, November 8. If the
Council is comfortable with the explanation provided by Mr. Emmerich s
November 1 letter, this item can he deleted from the agenda.
13. ALTERNATIVE ACTIONS:
1. If the letter of credit. is not available by Monday night, the Council
could require the project to be stopped.
2. Council could allow the project t.o continue without the letter of credit
based on the letter supplied by Mr. Emmerich of November 1
indicating that the delay was due to the bank processing.
3. Council could allow the project to continue, even without the letter of
credit, as long as the City does not allow the subdivision to be
recorded.
21
Council Agenda - 11/8/93
Under this option, it is assumed that individual lots would not he
able to be sold to third parties since the plat has not been signed nor
recorded; therefore, the City's liability is limited.
C. STAFF RECOMMENDATION
The staff certainly recognizes that. this has not been an ideal year for
developers and that there have been many delays in this and other projects
throughout the city. By not signing the Oak Ridge plat nor allowing it to he
recorded, we are limiting the potential liability of an unsuspecting third
party purchasing lots without public improvements yet installed. Likewise,
we can always control the issuance of building permits and occupancy
permits without the letter of credit, and the staff certainly recognizes that
our out-of-pocket expenses are being covered by Emmerich Construction,
even without a letter of credit being provided.
On the other hand, Mr. Emmerich has been well aware of the requirement
that a 25% letter of credit will be needed prior to construction commencing.
Recognizing that there are only a few good construction days left this fall,
the City staff did allow Mr. Emmerich to start the utility construction
without the letter of credit assuming that the letter of credit would be
provided shortly. Although I am not aware of banking procedures, it should
not take very long for a creditworthy person to obtain a letter of credit if
one is requested. Since there does appear t) he delays by Mr. Emmerich, it.
may be well to question him as to why the letter of credit is taking so long.
The Council may wish to discuss other issues brought up by Mr. Emmerich
in his November I letter regarding certificates of occupancy and building
permit requests without the utilities being completed. Typically, the City
may allow some building permits to be issued, but certificates of occupancy
are normally not granted without all utilities being completed.
1). SUPPORTING DATA:
Copy of letter to Tony Emmerich advising him of letter of credit
requirements; Copy of letter from Mr. Emmerich advising of his status on
the project.
22
250 East Broadwav October 26, 1993
P. O. Box 1147
Nlnnrinrllo, MN
55362-9245
Phone: (612) 295.2711
Metro: (612) 333.5739
Fax: (612) 295-4404
Mr. Tony Emmerich
2619 Coon Rapids Boulevard
Coon Rapids, MN 554:1:3
Dear Tony:
This is to let you know that at the Council meeting on October 25, 1993, City staff
provided an update to Council on the status of the Oak Ridge project. As part of our
update, we informed Council that City staff allowed the project to commence despite not
having the letter of credit in hand. We also informed Council that you would prefer that
the City defer the letter of credit requirement until the property is platted.
Discussion among Council members led to the following consensus: The City continues to
request that you provide the letter of credit as orig6nally proposed under the development
agreement. It is requested that this letter of credit he provided to the City in time for
the next Council meeting, which is scheduled for Monday, November 8, 1993. The project
will he allowed to continue under the present arrangement until November 8, 1993. In
the event the letter of credit is not provided by that date, the City Council would like to
review the mutter in detail with you at the Council meeting scheduled for the 8th. At
that time, the City Council will consider whether or not to allow the project to continue
or to require that the project he halted until the letter of credit is provided.
I also informed Council that you are supportive of the concept of paying all out-of-pocket
City expenses as the project progresses and that the system of expenses and credits as
outlined in the development agreement would not he applicable until such time that the
letter of credit is provided. In addition, the City will need additional security to
9
Mr. Tony Emmerich
October 26, 1993
Page 2
guarantee restoration and completion of the wetland mitigation activity. In the next few
days I will follow up with a request for additional funds to cover any City expenses and
wetland restoration expenses that may not be covered by deposits that you have already
made.
If you should have any questions, please give me a call.
Sincerely,
CITY OF MONTICELLO
Jeff O'Neill
Assistant Administrator
JO/kd
cc: Rick Wolfsteller, City Administrator
John Simola, Public Works Director
Bret Weiss, City Engineer
File
(0
7356311 P.01
ff--TONY EMMERICH HOMES -
November 1, 1993
Jeff O'Neill, City Administrator
City of Monticello
Pont Office Bos 1147
Monticello, Mil 54362-9245
Dear Jeff:
My understanding was that the Council was concerned about people
living in Oak Ridge without utilities, we're not requesting that,
we will provide a letter of credit as requested as Boon as the bank
gets it processed.
we also don't expect the City to pay any out of pocket expenses, as
I recall we have a $16,000.00 deposit with the city, should that
not cover expenses we will pay them as they become due.
We met with Brett Weiss at Oak Ridge today to discuss a plan and
the decision was made to try to get as much as possible ready for
building and hold back on curbs and blacktop until spring to allow
time for settlement to occur.
We will make arrangements to plow our own &now if the City does not
want to do it, but would expect the City to issue Certificates of
occupancy in the areas that are ready.
As we are all aware the project was delayed until late in the year
through no fault of anyone's, so we hope we can work together to at
least hit our mid February Spring Preview dates for Model Homes.
8 •sly,
1
Ton rich
PRS QNT
TONT R OIERICH HOMES, INC.
•**PLZASB CIRCULATE TO ALL COUNCIL MEMBERS.
0
CI T Y Of MON I
CELLO MON I I ILY RUR DING OEPAIITMENT
nLl"FIT
Monln .10-1.
1993
Pf R7A1S 6 USES
Ll
rhis
S.-Mon1A
I-YpI
IN. Year
PERMITS ISSUED M.11
SEPT Mon111
OCT
Lag Y09I
I. Dam
TO Dale
RESIDENTIAL
Numop
21
11
to
138
159
V/lu/ilon
$932.10000
$153.70000
8461.50000
{7,1,0,000 00
84.975.700 OD
F—
$8,68681
$5.25673
►3,65068
$27,841/t
$37.002.05
Su,[N/10100
846355
$37190
$231.10
$1,69625
$2.172.50
COMMERCIAL
Num2M2
2
2
2,
31
Valw0on
$226.50000
$3.00000
$3.00000
111.008,900 OD
$1.700.20000
1'—
$1,792.05
$3000
$3000
$13,719
$12.84693
S-h.,0ee
$11700
$1.00
$,.00
$502.70
$61310
INUU51 MAL
N..w
1
32
/
V.IV.IIon
$8020000
$760,00000
$897,20000
$ 00 ,,281,900
$1,111,763.00
1—
$75966
$5.9220,
96,051.01
$9.09899
98.911.82
Su7CN.rpee
$3010
$38000
841960
1&0 95
9555,98
PLUMBING
Numbw11
,0
9
58
68
rep
018000
$21600
$262.00
$1.53700
$1,843.00
SVlcn/r0e9
$7,00
95,00
84.50
$2900
931.00
O1nERS
Numbs!5
1
V/Mallon
9000
$86.900.00
f 04104
95000
9759 07
6urcn/,Oo/
9250
92920
O
TOTAL. PERMITS
11
32
31
221
271
TOTAL VALUATION
$1.216.80000
41.516,300 00
$1.365,00000
95,708,80000
$7.811,567,00
TOTAL FEES
99.50655
61,!".M
$10,19569
615.24189
$81.304.62
TOTAL SURCIMRGES
86,365
970090
106550
$2,07110
93.031.66
CURRENT MONTI/
FEES
NUMBER TO9ATC
PLRMT NAIURE
Numon
PMm11
&,C..,0.
V.,..Iw
this YWl
Lag Yes,
SInp1. l".—V
10
95,151 r3
$37110
9712,66000
59
.1
nuPl..
0
0
Mulls-F.mlh
7
t
Cllmmm6.1
3
3
Imuprl.l
2
81
$20000
$50000000
II
11.04 G., 'um
1
r
wog.
01
TSIU11c Mao.
7
0
At. FRA T I0NAlEPAIn
OM0lnp2
1
$6,0500
:3 50
$1050000
r1
m
Cam —1.l
1
63000
{1.00
{3.00000
31
18
Inouctn.I
I
aI,7376r
$,0000
$200,00000
1
1
M ITMFUNO
All 1Ypp
to
9240 CID
$500
$000
6$
68
ACCESSORY
9TPUCTUnI 6
i ln0 Pod.
Til
0
0
Dol
22
1►
IT M11O11AnY Pf Rul T
0
0
IM: MOLI11011
2
D
IOIALO
J7
611,1"11
$IPA00
91.510,30000
271
724
CITY OF MONTICELLO INDIVIDUAL PERMIT ACTIVITY REPORT
Month of October. 1993
PERMIT
I
'EES
NUMBER
DESCRIPTION
TYPE
NAMEJLOCATION
SURCHARGE,
Bwlding retool
AC
Or Gropy DunN207 Pine St.
193-2155
93-2156
House retool
AD
Lvnn 8 Marproi SmnrV707 E. River St.
HouSe 8 garage
SF
Value Plus Homes/5430 Falcon Ave.
193-2157
93-2158
House reroot
AD
Dan OtWN225 E 310 St
193-2159
House 6 pampa
ISF
0ougA Kathy NikalsONl 170 Ha.1110 ne Place S.
193-2160
House resWeo
IAD
Earl 3r 8 Deborah Domke/431 E. BroaCwav
1
House A Garage
ISF
Howard A Lynn Lenzom2760 Maplewood Cir
193-2162
House A pr go
ISF
Value Plus HOmewS399 Falcon Ave.
193-2163
Mouse A parage
ISF
Value Plus HomeW5391 Falcon Ave.
193-2164
1Bmlang lootngs
U
Slendaro Iron A Wire Worka Inc 1207,Dunaas Ro.
193-2165
Delacnod accossory budding
IAD
Joe A Karl Kounke01O05 Got Couree Rd.
193-2166
Basement Immh
� AD
Daryl A Charlene Lwnfy5130 Starling OF
193-2t 67
House A garage
SF
Value Plus Homes/5351 Starting or
193-2168
House A par apo
SF
Heid ConslmclionI2523 Briar Oakes Blvd.
193-2169
Building ertorlor weIINr001
At
NAWCO Mmnesols Inc./1324 E. Oakwood Dr.
193-2170
Bu ding 9.10n0r wally] ool
1
Standard Iron A Wire Works Inc 1207 Dunces Rd.
193-2171
Hwie A garage
SF
Value Plus HOMOSIS380 Starling or
193-2172
Delacned accoesory building
5422.46$31
AO
MIcnael A Donna Watiams/7 Sanotrap Cu.
193-2173
House A porago
$60799
ISF
Voluo Plus Homes/9331 Canvasback Coun
193-2174
Unaergiound tank removal
$1,08950
AC
Vance's SlandanVl09 E Oakwood Dr
193-2175
Fireplace
$1,759 50
AD
Timotnv Churcm111905 Meadow Oak or
193-2176
I
I
House A Gong.
I
SF
Value Plus HOM0515500 FulrAn Avo
I
'EES
I
VALUATION
PERMIT
SURCHARGE,
PLUMBING
SURCHARGE;
-
51,500.00
515.00
so 50 I
51.500.00
515.00
SO SO
$55.900.00
S396.94
S27.95
52300
SO 501
$7,500.00_
$15.1010
5050
S123.50000
5649 57
S61 75
$31 00
SO 50
S1,500.00
$1500
$0.50
$69.10000
S45040
(34.55
$2400
$0.50 1
$60.300.00
S414 76
530.15
S2300
SO 50
S58.500.00
$40747
$29 25 1
$2300
50 50;
S140.00000
$779.50
S7000
$1,500.00
$1500
$050
$1,50000
$75.00
$050
$62.200 00 1
5422.46$31
10
$23 00
SO 50 1
$110.300 00
$60799
S55 15
$30,00
SO 50 11
5200,00000
$1,08950
S1oo 00
5420,000 00
$1,759 50
521000
$60,60000
H 15.98
S3030
$2300
f0 So 1
SI Soo00
515.00
So 50
583.900 00
SS70 34
541 95
52300
1050
$1,50000
$1500
$05o
1
$1,50000
$1500
$050
S58.50000
S40747
S29 25
$23 00
$050
TOTALS $1,516,300.00
58.446 U
S75590
$246,00 !
6500 1
PERMIT
NUMBER _ DESCRIPTION
PUN REVIEW
93-2157 Houle 6 garage
93-2159 House 6 9arege
93-2161 HoumAgaraga
93-2162 Houle 6 gar800
193-2t 63 House Agarage
193-2164 Btukllna tooling.
193-2167 House 8 981.00
193-2166 Houle 8 parag0
193-2169 IBmkang ekIW101 lu9/100f
193-2170 Build lgevtenor walls/root
193-2171 Houle 6 pare9a
3-2 73 House 6 pampa
93-2176 House A garage
I
I
I
I
TOTAL REVENUE $12,21561
CITY OF MONTICELLO INDIVIDUAL PERMIT ACTIVITY REPORT
Mmtn of October, 1993
Pape 2 of 2
FEES
TYPE_
NAME/LOCATION _
_VALUATION-
PERMIT SURCHARGEI PLUMBING_ SURCHARGEI
11
SF
Value Plus HOrnea15430 Falcon Ave.
539.69
I
I
I
SF
Doug 6 Natny Nikalson/ 1 170 Hewfrlorne Piece S.
$61.96
SF
Howard 8 Lynn Lenzen/2760 Maplewood Cir.
545.04
SF
Value Plue Homes/5390 Falcon Ave
$41.46
SF
Va . Plus Homus/5391 Falcon Ave.
$40.75
1
I
Slander, Iron 8 Wlre Works Inc./207 Dundee Rd,
650667
I
SF
Value Plus Ho"515351 SlarlmQ Dr.
$42.25
SF
Meq ConstrucaorV2523 Briar Oakes BIW
$So 6o
At
NAWCO Minnesota Inc,/1324 E. Oakwood N.
$643.17
1
Standard Iron A Wire Works Inc/207 Dundee Rd.
$1,143.67
SF
Value PWs Homea/5380 Swung Dr.
541.60
j
SF
Valve Pu Homes/9331 Canvasback Court
$51.03
SF
Value Plus Homes/55U0 Falcon Ave.
$40.75
TOTAL PLAN REVIEW
$2,761 8e
TOTAL REVENUE $12,21561