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City Council Agenda Packet 04-13-1981t, - AGENDA REGULAR MEETING - MONTIC ELLO CITY COUNCIL April 13, 1981 - 7:30 P.M. Mayor: Arve A. Crimsmo Council Members: Dan Blonigen, Fran Fair, Ken Maus, Phil White. Meeting to be taped. Citizens Comments - 1. Consideration of Possible Sale of Municipal Liquor Store. 2. Consideration of Acquisition of Kermit Lindberg Residence Adjacent to the Wastewater Treatment Plant. 3. Consideration of Authorizing Removal of Former Bob Dowling Home and Garage. 4. Consideration of Change Order 46 on the Wastewater Treatment Plant Contract with Paul A. Laurence Company. 5. Consideration of Adoption of Ordinance to Establish Library Board. 6. Consideration of Adoption of Ordinance Regulating Peddlers, Solicitors and Transient Merchants. 7. Quarterly Department Head Meeting. 8. Approval of Minutes - Special Meeting Held March 17, 1981 at 5:00 P.M. and Regular Meeting of March 23, 1981 . Unfinished Business - New Business - Council - 4/13/81 AGENDA SUPPLEMENT 1. Consideration of Possible Sale of Municipal Liquor Store. PURPOSE: Enclosed, please find a letter from Mel Worth indicating his interest in purchasing the City of Monticello's Liquor Store. It should be pointed out that Mr. Worth has reviewed the City of Monticello's appraisal of the liquor store operation that was done in September of 1978. Mr. Worth has done some very preliminary investigation into the possible offer to the City of Monticello for its liquor store operation. He has indicated that this offer would be very commensurate with the appraisal done in September 1978, with allowance made for inflation since that time. I indicated to Mr. Worth that the City, on previous occasions, had talked about the possibility of the sale of the municipal liquor store, but no action was taken. As a result, I suggested to him that he first of all determine if there is any interest among the Council to consider such a sale prior to working out an elaborate financial projection, etc. If there is any consideration at all, the Council may want to appoint a committee to review the matter further and report back to the City Council as a whole relative to the possible sale of the municipal liquor operation, including discussions with Mel Worth and the other details on the procedures to be taken. It should be pointed out that if the Council feels there is no way the City should sell the municipal liquor operation, the appointment of a committee, etc., would be just a spinning of wheels so to speak. However, if there is consideration, this may be one way to proceed. My own recommendation is that the City should consider this matter further. However, unless the offer far exceeds the appraisal, on a purely financial basis, the City will continue to be better off owning the municipal liquor operation as opposed to selling it. Of course, there are other considerations such as philisophical viewpoint whether a City should be involved in liquor operations, or whether this operation could be controlled just as adequately through the issuance of a license. POSSIBLE ACTION: Consideration of appointing a committee to consider the sale of the City's off -sale municipal liquor operation. REFERENCES: Enclosed March 30, 1981 letter from Mel Worth. y�.A p-rall� low C � Council Agenda - 4/13/81 2. Consideration of Acquisition of Kermit Lindberg Residence Adjacent to the Wastewater Treatment Plant. PURPOSE: To consider the acquisition of the Kermit Lindberg residence immediately east of the present Wastewater Treatment Plant to allow for future expansion. Appraisals have been received from Maxwell Realty and Realty Station on the Kermit Lindberg residence and adjoining property next to the Waste- water Treatment Plant. The total land area including the homesite, con- sists of 4.2 acres, and the appraisals were as follows: APPRAISER HOWSITE REMAINING LAND TOTAL Jack Maxwell 2/19/81 $55,330 $32,670 $ 88,000 Realty Station 3/9/81 $55,500 $45,000 $100,500 I met with Mr. b Mrs. Kermit Lindberg, and they felt both appraisals were low and were asking $120,000. One of the reasons why the Lindbergs were asking more than the appraisal done by Realty Station was that they felt the lots on the River, which were valued by Realty Station at $15,000 each for the three lots , were worth considerably more. Although the asking price by the Lindbergs is $20,000 higher than their own appraisal, I feel that the Council should very definitely pursue the acquisi- tion of this property. One possible way to proceed would be to authorize {` the drawing up of a purchase agreement, which could either include the asking price of the Lindberge, or the possibility of a counter-offer. it should be pointed out that it appears down the line additional land will have to be purchased for expanding the existing Wastewater Treatment Plant or building an entirely new plant. As you may recall, at one time the City did look at the possible purchase of land owned by Cary Pringle, Greg Smith and John Sandberg for which they were asking in the neighborhood of $425,000. However, this particular parcel was 89.7 acres and did include sufficient land for sludge application. It appears that the sludge application process can be handled by delivering the sludge to farm land not owned by the City rather than to have the City awn sufficient land for sludge application itself. POSSIBLE ACTION: Consideration of motion to authorize the formation of n purchase agreement to be approved by the City Council, along with an indica- tion ndica- tion of accepting the purchase price as set by Lindberge or making a counter offer. REFERENCES: (Copies of both appraisals are available for review at City Hall.) OPM Council Agenda - 4/13/81 3. Consideration of Authorizing Removal of Former Bob Dowling Home and Garage. PURPOSE: To consider the authorization of the removal of the former Bob Dowling home and garage which will become the site of the parking lot for the new library. This matter has been reviewed on previous occasions and by the City Council, the most recent at our last meeting. Following are proposals that the City has received thus far: A. Quotation from S 6 L Excavating to remove the house for $2,500 (a verbal quotation was initially received for $3,000, and later on a written quota- tion was submitted). B. Quotation from Brenteson Construction to remove the house for $2,650. C. Proposal has been received by another individual to remove both the house and garage at no cost to the City, but requiring that the City fill in the basement, haul the debris, provide insurance. As a result, 't. the City would incur costs for these items. l D. Proposal was reviewed at the last Council meeting submitted by Mr. Severson. Mr. Severson proposed either to relocate the home and garage, or remove it similar to the proposal indicated above, that is, the City would still be required to fill in the basement, haul the debris, provide the insurance. V W * If the City contracted the work to be done, it is estimated there would be Y the possibility of selling the garage for $550, and other various items for approximately $200. Furthermore, at this time Mr. Severson has not found a suitable site to move the house and garage to. It would be a staff recommendation to have the City of Monticello hire Brenteson Construction for $2,650 to remove the home, unless Mr. Severson found another site. It should be pointed out that although Brenteson Construction is $150 higher than S 6 L Excavating, the quotation from S 6 L Excavating was not received in writing until there was an indication that there was a lower bid from another contractor. POSSIBLE ACTION: Consideration of a motion to authorize the removal of the former Bob Dowling dome and Garage. - 3 - C Council Agenda - 4/13/81 4. Consideration of Chanke Order 06 on the Wastewater Treatment Plant Contract with Paul A. Laurence Company. PURPOSE: To consider change order 06 for an additional $275 to replace erroneously specified translucent fiberglass tank siding panels with corrosion resistent Opaque fiberglass panels. Further documentation is enclosed. POSSIBLE ACTION: Consideration of a motion to approve change order 06 with the Paul A. Laurence Company for $275. REFERENCES: Enclosures relating to change order. - 4 . Council Agenda - 4/13)81 5. Consideration of Adoption of Ordinance to Establish Library Board. PURPOSE: State Law (Minnesota Statutes 134.09) requires the appointment of a Library Board upon the establishment of a library. One of the ways that this can be established is through the adoption of an ordinance by the Council. Enclosed, please find a proposed ordinance relative to the establishment of a library board. I drafted this ordinance, which was modeled after three or four other library board ordinances I received through the League of Minnesota Cities. Our attorney, Cary Pringle, has reviewed and approved it. It should be noted that according to State Law, the Library Board itself shall have exclusive control of the expenditure of all monies credited to the Library Fund. However, in order to have accountability back to the City Council, the provisions of a financial report, budget and reserve fund have been included in the ordinance. Prior to August 1st of each year, the Board of Directors shall recommend a budget for library purposes and submit this for approval to the City Council. As part of the overall budget for the City, the City Council will adopt the budget of the library board with any revisions. Although the Council does not have any direct control of the monies spent, it has indirect control through the establishment of this budget. Should expenditures exceed revenues by the amount of the reserve fund es- tablished, it will be necessary for the library board to come back to the P City Council for additional monies, This reserve fund can be set up at the l time the 1982 budget is established. It should be noted there is a possibility that the library board may need some funds in 1981, and if this is the case, the Council can so authorize this at the time it may be necessary. Essentially, the expenditures that will be controlled by the Library Board will be building and maintenance coats of the now library. In addition to the ordinance itself establishing the Library Board, it would be necessary for the Mayor, with the approval of the City Council, to appoint the following Board Members: 2 Members to hold office until December 31, 1981 2 Members to hold office until December 31, 1982 1 Member to hold office until December 31, 1983 Annually thereafter, appointments shall be made for s term of three years. It should be further pointed out that the Minnesota Statutes authorize five, seven or nine members to be appointed. if seven members are appointed, three shall hold office for one year, two for two years and two for three years; and if nine members are appointed, three shall hold office for one year, three for two years and three for three years. The reason for including five members in the proposed ordinance was the feeling that a smaller committee can keep the process simpler and probably act faster than a larger group of people. Additionally, the size of Monticello is relatively small compared - 5 - Council Agenda Supplement - 4/13/81 to other cities with Library Boards. However, the actual number can be changed at the meeting on Monday night. It should be noted that there are no residency requirements and also, one provi- sion of the ordinance would allow up to one member of the City Council to be appointed to the Library Board. POSSIBLE ACTION: Two motions would be in order, one to adopt an ordinance establishing a Library Board, and another motion by the Council to approve the appointments to the Library Board by the Mayor. (council may want to discuss possible appointments and make decision at next meeting.) REFERENCES: Copy of the proposed ordinance enclosed. - 6 - Council Agenda - 4/13/81 6. Consideration of Adoption of Ordinance Regulating Peddlers, Solicitors, and Transient Merchants. PURPOSE: To consider an ordinance that would require a permit of solicitors, peddlers, hawkers and transient merchants. Following are definitions of each category: SOLICITOR - Individual who goes from door-to-door soliciting orders or requests for merchandise to be delivered in the future. PEDDLER OR HAWKER - Individual who travels from place -to -place with no fixed place of business, carries with him merchandise he offers for sale, sells merchandise at the time he offers it for sale, delivers his merchan- dise at the time he consummates the sale, and sells to the ultimate con- sumer, not to retail dealers. TRANSIENT MERCHANT - Individual or firm who leases or uses a building, structure, vacant lot or railroad for the exhibition and sale of mer- chandise in the course of transacting a temporary and transient busi- ness either in one locality from time -to -time, or in traveling about from one place to another. Primary reason this has come up at this time is due to the Hockey Association once again selling fertilizer in the City of Monticello. This also occurred last year, and since the City of Monticello previously allowed this type of activity, there was no real basis to deny such a use to one organization and allow it for another. However, technically, our ordinance does not really allow an organization to engage in transient business, and as a result, an ordinance to that effect should be considered. You will note that the ordinance, copy of which is enclosed, addresses in addition to transient merchants, peddlers, hawkers and solicitors. First of all, it would be my recommendation that the City only regulate transient merchants. Reason for this is that if a peddler or solicitor goes from door- to-door, each individual property owner has an upportunity to post a no - soliciting sign. On the other hand, some individual property owners appre- ciate this opportunity to purchase items that arc sold such as - girl scout cookies, etc. Following are the options available to the City and effect of each option: A. No Action -soliciting peddling, hawking would be allowed, but there would be some question on transient merchants. B. Council could adopt ordinance regulating all types of uses. C. Council could adopt ordinance only regulating transient merchants. D. Council could adopt ordinance prohibiting transient merchants. If the particular ordinance did not regulate soliciting, peddling and hawking, these uses could continue as in the past. E. Some other variation. mm Council Agenda - 4/13/81 Currently, there is some question on allowing transient merchants to conduct their business since there is no provision currently in the ordinance for this type of activity. Although it may seem somewhat inapplicable, transient merchants technically do not comply with the zoning ordinance relative to landscaping, hardsurfac ed parking, curb and gutter, etc. As a result, 1 think it would be better for the City of Monticello either to regulate transient merchants or prohibit them in order that the issue may not be so vague. In the case of solicitors, peddlers, hawkers, etc., these are allowed because they are not in violation of any existing ordinance that I am aware of. You will note that within the ordinance proposed, that non-profit organiza- tions would be exempt from the permit fee. This would actually be another option of the City Council if they felt that such a fee should be applicable to all types of organizations, whether for profit or not. You may ask - why not just exempt non-profit organizations from the necessity of a permit altogether if the City does not require a fee7 There are some provisions of the ordinance that would seem applicable if adopted. For example, you will note in the ordinance that a transient merchant, although he may not have to comply with landscaping, curb d gutter, etc., would still have to be in the proper zoning district and have adequate parking provided. in this fashion, the City would avoid a situation where a merchant sets up in a res?d entisl zone, or obtains a site that is inadequate for transient business conducted. Additionally, you will note within the ordinance proposed that transient merchants are limited to a period of five days. This would discourage a transient merchant from competing on a permanent basis with merchants who pay real estate taxes, assessments, etc. Probably the most inquiries the City of Monticello receives relating to this type of ordinance is from religious organizations that go door-to-door, such as the Moonies. However, many cities have attempted to restrict these type of organizations by an ordinance which prohibits solicitation, and these ordinances have been struck doom by the Courts as an infringement upon religious freedom. The actual ordinance suggested has bean provided by the League of Minnesota Cities as a model ordinance that could be modified in some shape or form by the individual cities. POSSIBLE ACTION: Consideration of adoption of ordinance that would regulate transient merchants and the possible consideration of an ordinance that would also further regulate solicitor, peddlers and hawkers. REFERENCES: Copy of possible ordinance enclosed. - 8 - Council Agenda - 4/13/81 7. Quarterly Department Head Meeting. rl PURPOSE: Monday night is the first meeting of the new quarter, and as a result, is the quarterly department head meeting. Following department heads have been sent notice: Public Works Director - John Simola Building Inspector - Loren Klein Senior Citizens Director - Karen Hanson Fire Chief - Paul Klein Wright County Sheriff's Representative - Buddy Gay Among some of the items that the Council may want to discuss in the following areas are: FIRE DEPARTMENT: . Fire fighting capabilities - 3 -story building (See enclosed letter to Paul Klein in this regard). 94,L6, 0, 0:"t FM w j, Update on the pager system. Securing a recommendation from the fire department and joint fire board as to the acquisition of a tank truck and whether this should be mounted on a new or used chassis. I�_ / r PUBLIC WORKS DEPARTMENT: �� VIjOU, W. l Development of overall park plan for Balboul, The Meadows. llillcrest 2, Ritze Manor and Hoglund Addition parks. C CITY ADMINISTRATOR Possibility of the establishment of a quarterly City newsletter (sample newsletter is enclosed). REFERENCES: 2/3/81 Letter to Paul Klein re: Fire Protection in High -Rise Buildings, and Sample newsletter enclosed. - 9 - Monticello City Council March 30, 1981 Monticello City hall Monticello, Minn., 55362 Dear Council Members: I am requesting the oppertunity to attend the April 13, 1981 council meeting to discuss the possibility of purchasing the IliWay Liquor Store land, building, fixtures and inventory. Sincerely, Mclvcrn L. Worth 2-5-1 2-5-5 CHAPTER 5 LIBRARY BOARD SECTION: 2-5-1: Appointment 2-5-2: Terms 2-5-3: Removal of Directors 2-5-4: Vacancies 2-5-5: Organization of Board and Rules 2-5-6: Treasurer 2-5-7: Financial Report 2-5-8: Budget 2-5-9: Reserve Fund 2-5-10: Additional Power 2-5-1: APPOINTMENT: There is hereby created and established a Library Board pursuant to Minnesota Statutos, Chapter 134, and laws amenda- tory thereof or supplemental thereto. Said Board shall consist of five (5) A members appointed by the Mayor with the appy o City Council. Sal 60A, -1 3 '014 11 VNj, ah o/ Ni &JiB•me AOr N• r✓19 iJ 090C q rw1:da. 0 rs Old. Cmp. /IVd Nr #"Oi t %4A.�j vive 2-5-2: TERMS: Two members shall hold office until December 31, 1981, p,, - /A -two members shall hold off ico until December 31, 1982, and one D' AL. member shall hold office until December 31, 1983. Annually thereafter, appointments shall be for Cho tarn of throe (3) years 2-5-3: REMOVAL OF DIRECTORS: The Mayor, with the approval of the City Council, may removu any member of the library Board for misconduct or neglect of duty. 2-5-4: VACANCIES: Vacancies in said Board shall be filled by an appoint- mrnt by the Mayor with Council approval. Any Board member, so appointed, shall serve the remaining term of the vacated Board member. 2-5-5: ORGANIZATION OF BOARD AND RULES: I:mmsdiatoly after appointment, such hoard shall organize by electing one of its number os preoi- dant and one as secretary, and from time to time it may appoint ouch other offlcera and employees as it doema necessary. The Secretary, before entering upon his or her duties, shall give bond to the municipality in an amount fixed by the Directors, conditioned for the faithful discharge of his offi- cial dutiso. The board shall adopt ouch bylaws and regulations for the govern- mont of the Library, community room and reading room and for the conduct of its husinaao.au may be expedient and conformable to law. It shall have S 2-5-5 2-5-10 exclusive control of the expenditure of moneys collected for or placed to the J credit of the Library fund, of the construction of library buildings, and of the grounds, rooms and buildings provided for library purposes. All moneys received for such library shall be paid into the city treasury, credited to the library fund, kept separate from other moneys of the municipality, and paid out only upon itemized vouchers approved by the Board. With the approval of the Council, the Board ma purchase grounds and erect a library building thereon. 2-5-6: TREASURER: The City Clerk -Treasurer shall be the Treasurer for the Library Board, but shall not be a member thereof. 2-5-7: FINANCIAL REPORT: At the first regular meeting of the Board follow- ing the end of each calendar year, the Board shall report to the governing body of the municipality all amounts received during the preceding year and the sources thereof, the amounts expended and for what purposes, the number of books on hand, the number purchased and loaned, and such other information as it deems advisable. A copy of such report shall be filed with the Library Division, State Department of Education. 2-5-8: BUDGET: Prior to August,kst of each year, the Board of Directors shall adopt a budget for library purposes and submit this budget to the City Council by this date. City Council shall review budget and revise an deemed necessary and include necessary levy for library purposes to be certified to the County Auditor. 2-5-9: RESERVE FUND: The City Council may establish a reaervo fund in case expenditures exceed revenues and also duo to the timing of expenditures and revenues. Any expenditure of monies in excess of the Lib- rary's oporating and reserve funds requires approval by the City Council. 2-5-10: ADDITIONAL POWERS: Said Board shall havo such additional powers as commansurato with Minnesota Statutes, Chapter 114 and laws amendatory thereof or supplemunt.al thereto. J AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF The City Council of Monticello, Minnesota, ordains: Section 1. Definitions. When used in this ordinance, the foL laving terms have the following meanings: (A) "Peddler" means any person who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or oftering or exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes. (B) "Solicitor" means any person who goes from house to house, from place LO place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodi- cals, or personal property of any nature whatsoever for future delivery, or for ( service to be performed in the future, whether or not such individual has,. carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or other place within the city for the primary purpone of exhibiting samples and laking ordera for future delivery. (C) "Transient Merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee, who ongages in a temporary business (five (5) days or leas per calendar year) of selling and delivering goods, wares and merchandise. Within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room.in hotels, lodging houses, apartments, ayhops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise., either privately or at public auction, provided that such definition does not include any person, firm or corporation who, while occupy- ing such temporary location, does not loll from stock, but exhibits samples for the purpose of securing orders for future delivery only. Location ut ilited by transient merchants shall be consistent with uses identified as permitted in particular zoning district, and adequate off-street parking is availabl,:. Section 2. Permit Required. It is unlawful for any peddler, solicitor or transient merchant to engage in any such business within the City of Monticello without first obtaining a permit therefor in compliance with the provisions of this ordinance. Section 3. Exemptions. The terms of this ordinance do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this ordinance prohibits any sale required by statute or by order of any court, or prevent:: any person conducting a bona fide auction sale pursuant to law. Section 4. Application. Applicants for a permit under this ordinance shall file with the City Clerk a sworn application in writing on o form to be furnished by the City Clerk. The application shall give the following information: (A) Name and physical description of applicant. (S) Complete permanent home and local address of the applicant and, in the case of transient merchants,, the local address from which proposed sales will be made; (C) A brief description of the nature of the business and the goods to be sold; (D) The name and address of the employer, principal or supplier of the appli- cant, together with credentials therefrom establishing the exact relationship; (E) The length of time for which the right to do business is desired; (f) Ceneral description of items to be sold; (C) The names of at least two property owners of Wright County, Minnesota, Who will certify no to the applicant's good character and business respectability, or, in lieu of the nnmeo of references, such other available evidence as to the good character and business reoponsibility, of the applicant as will unable an investigator to property evaluate such character and business responsibility; (11) The loot municipolities, not to exceed three, where applicant carried on business immedintely preceding date of application and the addresses from which such business was conducted in those municipalities; (1) At the time of filing the application, a fee of $2.00 shall be paid to the City Clark to cover the cost of investigation of the facts stated therein, Plus a uaeage fee of $50.00 per day. Usoage fee shall be returned if permit to denied. y - 2 - Section 5. Religious and Charitable Organizations, Exemption. Any organiza- tion, society, association or corporation desiring to solicit or to have solicited in its name, money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic or philanthro- pic purpose shall be exempt from the provisions of Section 4 of this ordinance provided there is filed a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information: (A) Name and purpose of the cause for which permit is sought; (B) Names and addresses of the officers and directors of the organization; (C) Period during which solicitation is to be carried on; (D) Whether or not any commission, fee, wages or emoluments are to be expended in connection with such solicitation and the amount thereof. Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the Clerk shall issue a permit without charge to such organization, assuciation or corporation to solicit in the City. Such organization, association or corporation shall furnish all of its members, agents, or representatives conducting solicitation credentials in writing stating the name of the organization, name of agent and purpose of ao;icitation. Section 6. Investigation and Issuance. (A) Upon receipt of each application, it shall be referred to the City Administrator, who will immediately institute such investigation of the appli- cant's business and moral character as he deems necessary for the protection of the peal is good and shall endorse the application in the manner prescribed in this section within 72 hours after it has been filed by the applicant with the City. (B) If, as a result of such investigation, the applicant's character or busi- nesn responsibility is found to be unsatisfactory, the City Administrator shall endorse on such application his disapproval and reasons for the some., and notify the applicant that his application is disapproved and that no permit will be issued. (C) If, an a result of such investigation, the character and business respon- sibility of the applicant aro found to be satisfactory, the City Administrator shall endorse on the application his approval and deliver to the applicant his permit. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permittee, the class of permit issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal permit. No permit shall be used at any time by any person other than the one to whom it is issued. The clerk shall keep a permanent record of all permits issued: Section 7. Duty of City Administrator to Enforce. It shall be the duty of the City Administrator to require any person seen peddling, soliciting or canvassing and who is not known by such City Administrator to have obtained a permit here- under, to produce his permit and to enforce the provisions of this ordinance against any person found to be violating the same. Section 8. Revocation of License. (A) Permits issued under the provisions of this ordinance may be revoked by the City Administrator for any of the following causes: (1) Fraud, misrepresentation, or incorrect statement contained in the application for permit; j (2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; (1) Any violation of this ordinance; (4) Conviction of any crime or misdemeanor; (5) Conducting the business of peddler, eanvasaer, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare Of the public. Section 9. Appal. Any person aggrieved by the action of the City Adminis- trator or the City Clerk in the denial of a permit or revocation may appeal to the Council. Such appeal shall be taken by filing with the Council within four- teen days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to t the appoilant. 4 A Section 10. Reapplication. No permittee whose permit has been revoked shall make further application until at least six months have elapsed since the last previous revocation. Section 11. Exoiration of Permit. All annual permits issued under the pro- visions of this ordinance shall expire at midnight the 71st day of December in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. Section 12. Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding S500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. ATTEST: City Administrator Adopted by the City Council this day, of 1981. Mayor - 5 - C COUNCIL UPDATE April 13, 1981 Meeting COUNTRY CLUB LIOUOR LICENSE As you recall, at our last meeting Roman Brauch, President of the Monticello Country Club, inquired as to the possibility of obtaining a liquor license for the Monticello Country Club. I have talked to Mr. Brauch, and he indicated he would be coming in shortly to apply for such a liquor license. It should be pointed out that, according to our ordinance, a public hearing would have to be held on the consideration of any on -sale intoxicating liquor license. GREAT RIVER REGIONAL LIBRARY - EQUALIZED MILL LEVY Enclosed, please find a memorandum from Joe Hoover, President of the Board of Trustees for the Great River Regional Library System, explaining that the attempt to equalize the mill levy has been put "on hold" until fall pending further study. COMMUTER PARKING LOT John Simola is in the process of developing plans and specifications for the completion of the hardsurfaeing and curbing for the commuter parking lot. GW/ns March 20, 1981 TO: CITY COUNCILS COUNTY COMMISSIONS FROM: JOE HOOVER, PRESIDENT BOARD OF TRUSTEES GREAT RIVER REGIONAL LIBRARY I'm sure you are all painfully aware that we cannot discuss public issues without press coverage. And sometimes the press doesn't convey the message we intend! 1 presented a proposal for an equalized mill levy to a meeting of the League of Women Voters and to the Finance Committee of our board. It was intended as a proposal for discussion and was one possible proposal for increasing badly needed library funding. You know that such a proposal could not be adopted without the approval of all seven signatories to the contract. Therefore, if even one of the County Boards disapproves, there is no proposal. The problem of financing the library is "on hold" until fall, pending further study. cc GRRL Board of Trustees MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 23, 1981 - 7:30 F.M. Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Members Absent: None Citizens Comments - Mr. Romey Brauch, representing the Monticello Country Club, informed the City Council that the Country Club is considering applying for.an on -sale liquor license for the Country Club. Mr. Brauch indicated that an on - sale liquor license would be used primarily during the golfing season, or from spring until fall, although it would be used occasionally during the winter months also. Mr. Brauch requested that the Council favorably consider this request at its next regular meeting, at which time a formal request will be made for the issuance of a liquor license. Public Nearing on Cedar Street Storm Sewer and Street Paving from Burlington Northern Railroad Tracks to Termination Point Abutting 1-94. John Badalich, City Engineer, reviewed with the Council the feasibility report for improving Cedar Street from Lauring Lane north to Burlington Northern Railroad Tracks with both storm sewer and bituminous surfacing. Mr. Badalich indicated that the primary purpose of the project was for storm sewer improvement required because of the increnning development in the area of Cedar Street rind Lauring Lane, which is now seeing the Jevelopment of a 36 -unit apartment complex and a possible proposed motel. In addition, the feasibility report indicated that storm sewer improvements could be extended from the Intersection of Lauring Lone and Cedar SLre.eL southerly to serve the VFW parking lot at an additional cost of $17,400. If this portion of the project was not necessary, the proposed storm sewer improvements to the benefitting properly would total $120,240 With the entire cost being assessed. The public hearing was open for comments, and Lhe following were heard: Stuart Hoglund asked if the storm sewor improvement project for this nrea was really needed now, and also indicated that the VFW Club line solved its drainage problem by draining their runoff water to the intersection of Lauring Lane and Cedar Street. John Badalich, City Engineer, stated that With the apartment complex being developed and with the proposed motel developing, the increased water runoff would be creating a problem down Cedar Street near the Railroad Tracks. Ne, indicated that with this development and othors in the future, flooding problems would occur. Council Minutes - 3/23/81 Cam. Ilolthaus , also speaking for the VFW Club, asked why the proposed motel site property would benefit just as much from the storm sewer exten- sion, but not have to pay as much. Mr. Hoglund was informed that the storm sewer assessment was based on square footage, and possibly the VFW Club has more square footage than the proposed motel site. Mr. Tim Yogerst, of Cy Reinert Construction Co., developers of the apart- ment complex at the corner of Laurin& Lane and Cedar Street, stated that he felt storm sewer improvements may be necessary as more property in this area develops, but felt that at the present time, with only 20% of the area developed, the storm sewer improvements could be delayed for a year or two. Mr. Wilbur Eck informed the Council that he does have a problem with flooding and drainage during the spring and during heavy rainfalls, and he would be in favor of storm sever to alleviate these problems, but at the proposed assessments, he can't afford the $10,600 to solve his problems. Mr. Eck indicated that in the post, he has been able to divert the water runoff from flooding his basement at his home by forcing the water to cross over Cedar Street to the west. Mr. Eck felt that with additional develop- ments that have paved parking lots, the potential flooding problems will be increased in his area, but he is caught in a situation of being unable to afford the large proposed assessments. After hearing no other comments, the public hearing was closed, and a motion was made by Phil Whitc,seconded by Fran Fair to adopt a resolution ordering the City Engineer to prepare plans and specifications for the Cedar Street `J storm sewer to extend from the Burlington Northern Railroad Tracks to the intersection of Lnuring Lane without the extension intu the VFW Club pro- perty, and without bituminous surfacing on Cedar Street. Abstaining: Arve Crimsmo; Opposed: Dan Blonigen; In Favor: Phil White, Fran Fair, Ken Maus. It was noted that plans and specifications can be prepared without a 4/5's vote of the City Council, but the actual project to proceed will need a 4/5's vote before construction can take place. (See Resolution 1981 412). 2. Public Hearing on Imnrovemonts to The Meadows Subdivision Plot and West River Street. A petition was received on phase 1 of this project, which called for a portion of 'file Meadows Subdivision Plat to be serviced with sanitary sewer, watermain, bituminous surfacing, curb 8 gutter, and storm sewer. The second phase of this project, which Was a petition filed by NSP, would call for the improvement of additional portion of 'Ilia Meadows Subdivision Plat, along with a portion of West River Street, with sanitary uawer, watermain, bituminous surfacing, storm sewer and curb and gutter. John Badalich, City Engineer, reviewed with the Council the fenaibility report for improving both The Meadows Subdivision with sever, water, strr_ats, curb 6 gutter and storm Hewer, and also West River Street with sewer and water and bituminous paving. included in the feasibility study were costa 1 - 2 - Council Minutes - 3/23/81 for looping the watermain, and by extending the water service across County Road 75 along West River Street and also the extension of the water - main from West River Street through The Meadows Subdivision Plat to complete the looping. if Lite entire project was completed, the total oust of Lite improvements was estimted at $399,100. Of this amount, $21,690 would be for the watermain extension across County Road 75 with the proposed assessments broken down as follows against abutting property owners, either for the entire cost of the project and with Lite watermain crossing over County Road 75 being put on nd valorem: IF TOTAL PROJECT IF WATERMAIN LOOPING PROPERTY OWNER ASSESSED PUT Oil AD VALOREM TAXES Northern States Power $ 77,676 $ 67,146 Edgar Klucas 47,800 41,320 Rill Seefeldt 22,022 19,036 Alano Society 12,500 10,806 Met Wolters 239,102 230,102 TOTAL . . . . . . . . . . . . . $399,100 $377,410 The following comments were heard from Lite affected property owners con- cerning the improvements: Mr. Albert Meyer, speaking for the Alone Society, indicated that they would be against the proposed improvements, basically because they could not afford the cost of the improvements. Mr. Meyer also indicated that they had recently installed a new septic tank and well, and would not need sewer and water services in the near future. Mr. Ward King, speaking for NSP, explained that they recently petitioned for sewer, water and street improvements because of their proposed train- ing facility that will be located along West River Street. Mr. King indicated that the proposed assessments for the improvements, as indicated in the feasibility report, would be agreeable to NSP and they are in favor of the project. Marilyn S,:efeldt, of Electro Industries, indicated lhoy would also be in favor of Sewer and Water and Street improvements to their property, but would like to see a deferrment of the sewer and water assessment if possible. Twi other members of the Alone Society also indicated that the sewer and water and street improvements as proposed would be a financial hardship for Lite Alnno Society and that they would not be able to pay the assessments with their limited membership. it was noted that although Ldgar Klucas, an abutting proparly owner along Went River Street, and Mel Wolters, developer of The Meadows subdivision plat, warn not present at the Council Meeting, Mr. Klucne previously indicnted that he was not necessarily opposed to the sewer and water improvements, but would like the assessments deferred until his property is developed. Mr. Wolters originally petitioned for sewer and water and 3- Council Minutes - 3/23/81 street improvements to a portion of his Meadows Subdivision, and has previously indicated that if the entire Marvin Elwood (toad is improved with sewer, water, curb 6 gutter and storm sewer, that possibly a portion of his assessments be deferred for approximately one year until lie would develop his residential lots. It was noted that if the watermain looping is developed as proposed, an easement would be necessary for the watermain extension from The Meadows Subdivision to West River Street, either from The Meadows property or abutting property owner, Edgar Klucas. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to adopt a resolution ordering the City Engineer to prepare plans said specifications for the 1981-1 and 1981-2 Improvement Projects, contin- gent upon the necessary casements being obtained first. (See Resolution 1981 013). 3. Consideration of Approval of Final Plans and SDetlfications for the Library. Representatives of the architectural firm of McEnary, Krafft, Birch and Kilgore, reviewed the final plans and specifications for the new library with that. Council Members. items discussed included the energy efficiency of the proposed new lib- rary, and it was noted by the architects that the present plans call for walls to have more insulating value than the ceiling does. It was the consensus of the Council that the architects change the plans and specifications for the library to require that the ceiling insulation obtain approximately a 30R factor, which would be equal or more than the proposed R factor in the walls. Councilman Blonigen indicated he still was not satisfied with the design, size and energy efficiency of the proposed library. Motion was made by Phil White, seconded by Ken Maus to approve the final plans and specifications as presented, provided the R factor in the ceiling can be increased, and to advr_rtiso for bids returnable April 23, 1981. Voting in favor: Arvo Crimsmo, Fran Fair, Ken Maus, Phil White. opposed : Dan Blonigan. 4. Consideration of a Proposed Ordinance Amendment Anpointing the Planning Commission, Instead of the City Council, as the Board of Adiustment and Appeals on Variances. In an effort to simplify the variance procedures, a proposed ordinance amendment was considered to have the Planning Commission act no the Board of Adjustment and Appeals on Variance Requests. ` - 4 - Council Minutes - 3/23/81 As a result of a joint meeting held between the Planning Commission and tine Citv Council members, it was the consensus of both commissions to consider an ordinance amendment that would have the following provisions: A. Planning Commission to act as Board of Adjustment and Appeals. B. Public Hearing held at Planning Commission level. C. 4/5's vote of the Planning Commission necessary for approval. D. Appeal could be filed by anyone within five days after the decision of the Planning Commission. E. If the decision of the Planning Commission is appealed, a hearing would be held at the Council level. F. Notice of all public hearings on variances to be held at Planning Commission level would indicate the appeal process and the possi- bility of a public hearing if appealed at tine Council level. It was recommended by the City Staff that Item D be changed to allow an appeal to be considered within six (G) days rather than five (5) days, since the Planning Commission usually meets on a Tuesday and fourth and fifth days of an appeal wmild fall on Saturday and Sunday. This extra day would allow a person until Monday to appeal Elie variance decision held by the Planning Commission. One concern of Elie Council was that if a quorum of the Planning Commission is not available at a Planning Commission meeting, additional delays fur Lite applicant could result if the variance request has to come back to Elie Plnnning Commission to receive n 4/5's vote. As a result, it was rocommended that the Ordinance Amendment include the provision that if a quorum is not present at a Planning Commission meeting, the applicant has Lite option to bring Lite variance requcat directly to Elie neXL Council meeting for approval in order to avoid further delays. Motion was made by Ken Maus, aeconded by Phil WltiEu and unanimously carried to adopt an ordinance amendment appointing the Planning Commission, instead of the City Council, as the Board of Adjustment and Appeals with the above six mentioned provisions, and also to include an additional provision con- cerning Council approvnl if a quorum is not available at the Planning Commission Meeting. (Sao Ordinance Amendment 3/23/81 095) 5. Consideration of AuLhoriminp, Removal of Former Bob Dowling Rome and Garage. Public Works Diructor, John Simola, reviewed with the City Council tine two offers to data that lie has reeeivud for the removal of the Bob Dowling home and garage at the future site of Lite public library. - 5 - Council Minutes - 3/23/81 l Mr. Simola indicated that two quotations had been received for the demo- lition and removal of the existing house and garage, one being from S 6 L Excavating in the amount of $2,500, and another from Brenteson Construction Company in the amount of $2,650. if the City were to demo- lish and remove the home, it was noted that the garage could be sold for approximately $550 with other miscellaneous items in the house being sold for approximately $200, resulting in a new cost to the City of approxi- mately $1,750. The second proposal received has been by an individual to remove the house and garage, at no cost to the City , but requiring that the City fill in the basement, haul the debris, provide insurance, etc. As a result, the City would incur costs for these items in the amount of approximately $650 - $1,000. Mr. Dave Sieverson spoke with the City Council on his offer to purchase the home for $1.00 with the City being responsible for fil ling in the basement. Mr. Sieverson indicated that himself and a group of people are interested in moving the home to another lot if a suitable site can be located. lie indicated that this is their intent at the present time, but if all efforts fail, they would still like to be able to tear down the house for salvage value. Questions were raised by the Council as to whether insurance would his pro- vided for liability coverage by Mr. Sieverson, or whether the City would 1 be responsible for insurance protection, and whether a bond of some tort J would be necessary should the City offer the property to Mr. Sieverson. In an effort to provide Mr. Sieverson and his group with more time to locate n suitable site for moving the home to, and to check out insurance costs, etc., this item was tabled until the next regular council meeting. 6. Cons ideration of Change Order 05 on the Wastewater Treatment Contract with Poul A. Laurence Company. The purpose of this item wau to consider a change order for an additional $819 for replacing unsuitable soil at the relocated Maintenance. Building site near the Wastewater Treatment plant. 'thin Change Order was caused by the fact that the Soil boring; dune in this nrea did not reflect the unstable material in Lilo area of the newly relocated maintenance building. Motion was made by Phil Whito, seconded by Fran Fair to approve Change Order N5 with the Paul A. Laurence Company on the Wastewater Treatment Plant project in the amount of $819 for replacing unsuitable soil in the area of the relOCnLed mnintenancu building. In Favor: Fran Fair, Phil White, Arve Crimamo, Kan Maus. Opposed: Dan Blonigen. - 6 - Council Minutes - 3/23/81 7. Approval of Bills and Minutes for March, 1981. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the bills for March 1981, as presented, and the Minutes of the Special Joint Meeting held March 9th and the regular council meeting of March 9th, 1981. 8. Consideration of Installation of Street Light at the intersection of Washington Street and Territorial Road. John Simola, Public Works Director, informed the Council that a street light at the intersection of Territorial Road and Washington Street could be installed at a monthly cost of $7.10. This street light would help light the intersection of Territorial Road and also provide addi- tional light near the Nursing Home property. Motion was made by Ken Maus, seconded by Fran Fair and unanimously carried to authorize the installation of a street light at Washington SErcet and Territorial Road at a monthly cost of $7.10. 9. Consideration of Resolution Supporting Legislative Action to Place. the Minnesota Department of Emergency Services under Direct Control of the Covernor's Office. Loren Klein, Civil Defense Director, requested that the Council adopt a resolution supporting legislative action that would again place the Department of Emergency Services under the direct control of the Governor's Office, rather than under the Department of Public Safety as it exists presently. Mr. Klein noted that the Minnesota Assucintion of Civil Defense Director❑ unanimously voted at their annual conference to sponsor legislation to re -place Elie Department of Emergency Services back under the Co%urnor's direct control in an effort to eliminnte any lag time that may occur if an nctunl emergency should occur. The Civil Defense Association felt that the Department of Ilublic Safety is primarily a law enforcement, regulatory, or licensing agency, while Elie Division of Emergency Services is a coordinating, planning and service-oriented agency, and should be under direct control of the govarnur's office. Motion was made by Dan Blonillen, seconded by Ken Maus and unanimously carried to adopt a resolution no supporting Senate File 4541 and the companion bill in the 1101100 of Itepreeentativos that would place the Department of Emergency Services back under the control of the Governor's office. (Sue Resolution 1981 414.) Mout ing� Adjourned. / I 42Fffll Rick Wolfat0�lur, Admin. Aeoiatnnt MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL March 17, 1981 - 5:00 P.M. Council Members Present: Arve Crimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Library Project Members Present: Loren Klein, Caroline Ellison, Marge Bauer, Bud Schrupp. Also in Attendance: Bob Kilgore and Merrill Birch, Architects, Tedine Roos, Mona Carmack, Margeuritc Pringle , Gary Wieber. Purpose of this meeting was to review the plans and specifications for the pro- posed new library in Monticello. Merrill Birch discussed the following items: 1. Garden wall area - this was an area adjacent to Walnut Street which would have n wall around it approximntnly 2'4" to 2'6" high. Purpose of this semi -enclosed area would be to discourage parking on Walnut. Street and encourage use of the parking lot to the south of the building itself. An exposed concrete surface is being considered for this area, and the remaining portion of the sidewalk would be smooth concrete. 2. Itlacktop vs. concrete purking lut - Merrill Birch indicated he would be surprised if blacktop did not prove to be more economical than concrete. However, there was a feeling among Council members that the parking lot should be bid with a blacktop surface, but provid ing concrete surfacing as an alternate. Furthermore, it was decided to separate the parking lot from the prime contract. This additional contract would then involve the parking lot along with the sidewalk up to the exposed concrete Within the so-called garden area. 3. Vestibule - Merrill Birch indicated a rubber floor vas being proposed. lie furthermore indicated that maintenance can be accomplished through the use of a damp mop and it was not a big item. 4. Activity Room - Plans currently provide up to ace omnodating 60 people. 5. Additional electrical roeepticles - Both Loren K1ein and a representative of the Creat River Regional Library indicated additional electrical recepticlas are necessary. Addit ional areas for consideration were given to Merrill Birch. 6. Telephone jack in vestibule - It was decided it would be a good idea to pro- vide a telephone jack in the vestibule. Details of whether this would be a pay telephone or other system could be worked out later. Special Council Meeting Minutes - 3/17/81 7. Sprinkler System - It was decided that it would be a good idea to incorporate J underground sprinkler system. It was decided that this could be a part of the landscaping contract which would be separate from the prime contract. B. Oversized waterheater - Currently -40 gallons, and Merrill Birch will look into the possibility of reducing this size. 9. Water softener or iron filter - Both items were discussed for the water system, but no definitive decision was reached. 10. Signs - Merrill Birch indicated no signs were included with the prime con- tract. lie indicated this could be reviewed with the Council at the time the general prime contract bids were received, At this time, he would have information relative to separate contracts for the remaining portion of the building including landscaping, furnishings, etc. 11. Damage Clause for Trees - This was mentioned as a possibility by Loren Klein. 12. Water-cooled vs. Air-cooled heating system - This was mentioned as a possi- ble e,nr.r,y saving device, and it was felt that it could be included as an alternate. Schedule calls for final approval of plans and specifications at the City Council's March 23, 1981 meeting, at which time the architects will bring information rela- tive to energy computations to arrive at the "it" values. Meeting adjourned.. f�CLV� CUr/Wicbhf, Secretary CW/na