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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 Page 1 0 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. Page 2 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 Page 3 9 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 Page 4 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 Page 5 01p, 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. Page 6 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. Page 7 (L J 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 Page 8 C -N-) 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. 0 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. O 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. O 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� ,I% * l6r I CERTIFICATE OF SURVEY rm Al 0 LOr K KOCK A L 0 WR OM r$M L 0. wmcmr c000ry. Ammasom EM 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. -- !"'� oLT►IDL — s•.aaAct Au.� No, h ! �~am:sm cacti-: sm.a Clow —V �. �. � '�' AVENUE ems• �I � . Ttaa �4.w{.w` iwrA4 NNa� !! l+44 atP O�aw 17T�vi� . .SALT 'i Ofd ZI+.� Tlwivwff 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�- M.DIf. So/j' 2Y h, Aar R-bol S"yO� vecymtp sYn •. imonimon {by- Simonson) O T/Ct S 14 l6l t ab. toA I 6" crushed { granite surface • tit ' n (by Simonson) s 4.0. rm p� aLr existing: L�.9 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 exiating' 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