City Council Agenda Packet 01-13-1992AGENDA FOR THE MEETING OF THE CITY COUNCIL
Monday, January 13, 1992 - 7:00 p.m.
Mayor: Ken Maus
Council Members: Shirley Anderson, Brad Fyle, Clint Herbst, Dan
Blonigen
1. Call to order.
2. Approval of minutes of the special meeting held December 5,
1991, and the regular meeting held December 9, 1991.
3. Citizens comments/petitions, requests, and complaints.
4. Consideration of adopting an ordinance amendment governing
adult land uses.
5. Consideration of adopting an ordinance amendment establishing
a license requirement for adult uses/principal and adult uses/
accessory.
6. Consideration of adopting an ordinance establishing a Police
Advisory Commission.
7. Consideration of approving 1992/1993 contract for police
protection with Wright County Sheriff.
8. Consideration of authorizing preparation of aquatic center
feasibility study andconsidor establishment of Aquatic Center
Development Task Force.
9. Consideration of adopting a resolution ordering preparation of
School Boulevard feasibility study.
10. Consideration of approving the Monticello Joint Fire
Department entering into a contract with the City of Otsego.
ll. Consideration of a changes in Scope of services provided by
Professional Services Group at the City,s wastewater treatment
plant due to increased flows and loadings.
12. Consideration of making annual appointments.
13. Consideration of repairs to sanitary sewers on River Street
and Linn Street.
14. Consideration of purchase of chlorine leak detection equipment
for pump houses 01 and 12 and a chlorine scale for pump house
rl.
15. Consideration of liquor license ownership trans for- -Mont icollo
Liquor, Inc.
16. Consideration of bills for the last half of December and first
part of January.
17. Adjournment.
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Thursday, December 5, 1991 - 4:30 p.m.
Members Present: Ken Maus, Shirley Anderson, Dan Blonigen, Brad
Fyle, Clint Herbst
Members Absent: None
2. Consideration of accepting final report on comparable worth
study and job evaluation system results completed by the
Leaque of Minnesota Cities.
In his report, Rick Wolfsteller stated that Sherrie Le of the
League of Minnesota Cities recently completed a detailed study
of our present organizational structure, all city positions,
and has recommended a plan for implementation that will result
In the City of Monticello complying with state laws regarding
pay equity. The deadline for compliance with the Local Pay
Equity Act is December 31. Compensation changes necessary for
compliance must be effective by that data.
In his report, Wolfsteller summarized the services performed
by the League of Minnesota Cities:
1. Complete job descriptions were prepared based on
input received from City employees and supervisory
personnel.
2. Using the new job descriptions, the League
developed a job evaluation system which utilized
five areas to determine a point value for each
particular job. The five factors included 1)
knowledge and experience; 2) accountability for
actions; 3) planning; 4) supervision; and 5)
working conditions.
3. The League conducted a market study of metro and
non -metro cities with populations ranging from
3,000 to 7,500 and developed a recommended salary
schedule for each job class. Salary ranges were
prepared for 22 possible grades. Each salary grade
has seven stops from the minimum to the maximum
salary for each grade. The League also recommended
that in order to initiate the step program, each
position's salary needs to be moved to the nearest
highest step. The rationale utilized was that
employees should be placed in their respective
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Special Council Meeting - 12/5/91
salary grades at the salary closest to but not
below their current salary. No one should receive
a pay cut when adopting a new system.
In addition to the items noted above, the League recommended
that the position of Office Manager be established, and the
position of Computer Support Analyst should be established as
well.
In his report, Wolfsteller went on to recommend that the City
take the advice of the report and develop the position of
Office Manager and develop the position of Computer Analyst.
It was his view that making these changes will enhance work
flow and coordination within City Hall. Wolfsteller also
remarked that the establishment of the salary system based on
a structured step system is long overdue. The salary ranges
provide each employee with an opportunity to grow in the
position over time provided their performance is acceptable.
It should also ease the burden of the City Council in the
future in that the only concern the Council has to address is
the cost of living adjustments annually.
LMC Personnel Analyst, Sherrie Le, then reviewed the League of
Minnesota Cities report in detail. Questions were raised by
some employees regarding the scoring system used in
establishing point totals that determine the grade for each
position. Le noted that if there is a question regarding a
position point total, this question should be brought forward
through an appeal process. She stated that many other cities
have established appoal processes whereby employees are
allowed to present concerns in writing. The appeal would then
be reviewed by herself and ultimately acted upon by the City
Council. She also noted that the City also has the latitude
to reduce points as tho result of an appeal.
Le went on to review the reasons why she suggested development
of the Office Manager position. She noted that the City
Administrator, under the current organization, has an
excessive number of people that report to him and does not
have the time necessary to devote to the day -today office
operation and that it makes sense to appoint an Individual
responsible for making sure that work flow is completed
efficiently. Establishment of the Office Manager position
should result in mora efficiency and less duplication of
efforts.
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Special Council Meeting - 12/5/91
Council reviewed individual positions and asked questions
regarding the step program. Shirley Anderson stated that she
likes the concept of improving office efficiency by adding the
position of Office Manager.
After discussion, a motion was made by Clint Herbst and
seconded by Shirley Anderson to adopt the job descriptions and
associated grade and point values and establish an appeal
process. Employees wishing to submit questions regarding the
pay equity study may do so in the next two weeks with all
appeals being completed in writing. Motion does not include
City approval of Appendix G (salary schedule) of the study at
this time. Motion carried unanimously.
A motion was made by Shirley Anderson and seconded by Clint
Herbst to change the current Executive Secretary position to
the position of Office Manager. Motion carried unanimously.
A motion was made by Shirley Anderson and seconded by Dan
Slonigen to table consideration of a cost of living increase
at this time. It was the consensus of Council to adopt the
salary schedule (Appendix G) and the cost of living increases
at the next regular meeting of the City Council.
There being no further business, the meeting was adjourned.
Jeff O'Neill
Assistant Administrator
r
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9
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, December 9, 1991 - 7:00 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad
Fyle, Dan Blonigen
Members Absent: None
Approval of minutes.
A motion was made by Brad Fyle and seconded by Shirley
Anderson to approve the minutes of the regular meeting held
November 25, 1991, as submitted. Motion carried unanimously.
Citizens comments/petitions, requests, and complaints.
None forthcoming.
Consideration of a resolution designatinq the municipal state
aid street system for the city of Monticello. AND
5. Consideration of a motion to accept C SAH 58 and 59 from Wriaht
County. O
Jeff O'Neill reported that in order for the City to qualify
for $170,000 in state aid to highways funding, the City
Council must pass a resolution designating a municipal state
aid street system for the city of Monticello.
Bret Weiss reviewed the MSA street system as proposed.
John Sim ola reported that since our municipal state aid system
incorporates two county state aid roads, CSAH 58 and 59, which
are actually parts of Locust, 4th Street, Walnut, and 7th
Street, the Council must accept these streets from the County
by a motion.
Dan Blo nigen asked if the City is taking on added street
mileage. Bret Weiss reported that we are taking on added
mileage; however, we are getting reimbursed for the expense
associatod with maintaining the stroets added to the city
system.
After discussion, a motion was made by Shirley Anderson and
socondecl by Dan Blonigon to adopt a resolution designating a
municipal state aid street system for the city of Monticello
and to accept County State Aid Highway 58 and 59 from Wright
County into the Monticello Municipal State Aid system.
SEE RESOLUTION 91-39.
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Council Minutes - 12/9/91
Consideration of continuing participation in the Chamber's
"Monticello --Your Kind of Place" promotion.
011ie Koropchak Informed Council that the Chamber of Commerce
has requested that the City of Monticello continue to
participate in the "Monticello- -Your Kind of Place" program by
contributing $4,000 to the program marketing efforts. She
noted that the committee's promotional efforts have so far
created a great deal of awareness of Monticello. Efforts
include development of a lighted billboard along Interstate
94, city banners, mailing pieces, a magazine, and logo
buttons, t -shirts, etc. She noted that the $4,000
contribution would be combined with contributions made by
other businesses to be used to continue the programs initiated
in 1991. It is also possible that the funds would be used to
conduct a professional marketing study that would encompass
the entire city business sectors.
Dan Blonigen noted that the "Monticello --Your Kind of Place"
program is strictly business advertising. He did not believe
that we should be using taxpayer's money to help business
advertise.
Assistant Administrator O'Neill noted that previous City
participation consisted of paying a portion of the cost to
Install the "Your Kind of Place" banners. In addition, the
City has been contributing by installing and replacing banners
when they are damaged.
Dan Blonigen noted that he does not have a problem with City
participation by replacing damaged banners.
Clint Herbst stated that the City is also working with the
Chamber by working cooperatively toward refurbishing of the
building that will be used by the Chamber of Commerce.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to continue to support the
"Monticollo--Your Kind of Place" program by providing
maintenance to the "Your Kind of Place" banner system.
Participation does not include the purchase of now banners.
Motion passed unanimously.
Consideration of retainago reduction on Proiocts 91-01, Fallon
Avenue; 91-02, Briar Oakes Estate; and 91-03, Cardinal Hills.
John Simola reported that LaTour Construction of Maple Lake
has agreed to hold current prices on all of the projects and
complete the work as soon as weather conditions permit in
1992. Because of this and the fact that the contractor was
$90,000 lower than any other bid on this project, LaTour
Construction would like some consideration in reducing the
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Council Minutes - 12/9/91
retainage held on the project. The current retainage being
held is 58 of the work completed on all of the projects, or,
$20,624. City staff requests that Council consider reducing
the retainage from 58 to 2.58. This would drop the retainage
to $10,312.46 with approximately $100,000 of the work left.
This gives the City a 108 cushion for the remaining work. In
addition, we still have performance bonds for all of the work,
so the City is not at risk.
Simola reported that this request is reasonable considering
the fact that the contractor may not have had sufficient time-
to
imeto complete all of the work in the time allowed due to delays
beyond his control associated with the grading of the Briar'
Oakes project. Simola recommended that the City Council
reduce the retainage on the three projects to 2.58. The City
has an excellent working relationship with LaTour
Construction. LaTour has performed well on the project and
has guaranteed his prices until next spring. The reduction in
retainage does not increase the risk of not completing the
projects and actually demonstrates our willingness to be
cooperative with contractors on completing projects.
Brad Fyle noted that LaTour has worked in town before, and he
supports maintaining a good working relationship with LaTour.
It was his view that the unique situation associated with the
early winter storm and the problems and delays associated with
the Briar Oakes development make this situation unique;
therefore, he supports reducing the retainage to 2.5%.
Dan Blonige n agreed that LaTour has worked well with the City
in the past, and the situation merits a reduction in the
retainage.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to reduce the retainage on Projects 91-01 ,
91-02, and 91-03 from 5% to 2.5% upon completion of the lift
station. The reduction is deemed acceptable due to the
unexpected experience of delays associated with the Briar
Oakes development and due to the early winter snow storm that
shortened the 1991 construction season. Motion carried
unanimously.
Consideration of authorizinq,pureheso of replacement furnace
for Senior Citizen Center bulldinq.
The City Council reviewed quotations from B 6 D Plumbing and
Custom Sheet Metal for replacement of the furnace for the
Senior Citizen Center building.
Rick Wolfstoller reported that the quotation received from
Custom Shoot Metal was for a 120,000 BTU furnace with 80%
efficiency at a cost of $2,300. Custom Shoot Metal proposed
a 4 -ton air conditioning unit at $2,225, including wiring, for
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Council Minutes - 1219/91
a total cost of $4,525. Wolfsteller reported that quotations
from each contractor included different ideas on the heating
requirements of the building.
Council reviewed the approaches submitted by the two firms
that provided quotes.
After discussion, a motion was made by Brad Fyle and seconded
by Clint Herbst to authorize City staff to re -bid the project
using a design most acceptable to the City Engineer and award
the project under the condition that the cost does not exceed
$2,900. In addition, if air conditioning is included, staff
should obtain a letter of intent from the Senior Center
indicating that the Senior Center will pay added costs
associated with installing air conditioning. Motion carried
unanimously.
Public Hear Inq--Consideration of vacatino a 12 -foot section of
the 20 -foot easement alonq the northern boundary of Lot 1,'
Block 1, Sandberg East. Applicant, Clint Herbst.
Mayor Ken Maus opened the public hearing.
O'Neill informed Council that on October 15, 1991, the City
Council acted to vacate a portion of the drainage and utility
easement along the northern boundary of Lot 1, Block 1,
Sandberg East, contingent on acquisition of an additional 10 -
foot easement along the southern boundary of nearby Lot 2,
Block 1, Sandberg East subdivision. Acquisition of the
additional easement area in exchange for the easement vacation
was seen as necessary in order to preserve one of the
potential routes for the Meadow Oak storm sewer outlet. It
was expected that the party (Rod Noroll) that sold Lot 1,
Block 1, to Herbst, who is also the owner of Lot 2, Block 1,
would be willing to grant the easement rights as requested.
The item is before Council because Norell did not desire to
grant the easement area in exchange for the easement vacation
requested by Herbst.
in response to the situation, a now proposal for vacating a
smaller portion of the 20 -foot easement has been prepared.
Instead of vacating a 14 -foot easement area and requiring an
easement in exchange, the City Council is asked to consider
vacating a 12 -foot easement area without any easement
exchange. Under this alternative, the 20 -foot drainage and
utility easement will exist between the Herbst property and
the property to the north. According to the City Enginoor and
the Public works Director, the 20 -foot easement area will be
sufficient for construction of the potential storm sewor that
might need to be installed along this property line.
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Council Minutes - 1219/91
Dan Blonigen concurred that it would be very unlikely that
there would be any problem with a storm sewer installation, if
a 20 -foot easement is available.
Ken Maus closed the public hearing.
After discussion, a motion was made by Dan Blonigen and
seconded by Brad Fyle to adopt a resolution vacating a portion
of the drainage and utility easement along the northern border
of Lot 1, Block 1, Sandberg East. Voting in favor of the
motion: Dan Blonigen, Ken Maus, Shirley Anderson, Brad Fy 1e.
Abstaining: Clint Herbst.
SEE RESOLUTION 91-40.
10. Consideration of estabiishinq a salary administration program
and salary schedules for City employees and adjustments to the
salary schedules for 1992.
Rick Wolfsteller reported that at the special meeting of the
Council Thursday evening, Council was presented with a
personnel services report prepared by the League of Minnesota
Cities' staff that addressed the development of new job
descriptions for all new employees, a job evaluation system
for each class, along with a recommended plan for placement of
employees into a salary schedule system that utilizes a step
program. After presentation of the report, Council adopted
the now job descriptions as presented, authorized creation of
the Office Manager position, and established a method for
employees to appeal their job evaluation results.
Items that need to be addressed at this meeting include
1) establishment of a salary schedule for each class and grade
along with adoption of the salary administration program which
outlines the method for individuals to move within the grades;
2) upon adoption of the salary schedule, the Initial placement
of employees Into the appropriate step based upon their job
evaluation and resulting grade; and 3) consideration of a 1992
cost of living adjustment for salary schedules.
Council discussed the salary administration program. Ken Maus
noted that one of the dangers of a defined stop program Is
that unless you can demonstrate why an employee shouldn't get
a step increase, they usually got it. He noted a positive
aspect of it is that although there is potential for higher
steps, we have better justification for starting staff at a
lower starting pay.
Clint Herbst asked how unfair administration of this program
might affect our comparable worth compliance. Rick
wolfateller noted that the step system is designed to allow
all employees, regardless of sox, to advance at the same rate.
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Council Minutes - 12/9/91
He noted that if female employees were consistently denied
advancement, then the program would fail to comply with
comparable worth standards.
Brad Fyle noted that the League of Minnesota Cities provided
the personnel report and pay equity program as requested.
They are an independent organization and were requested to
design a program to meet the City's needs. It was Fyle's view
that the program is acceptable and should be adopted.
Council reviewed the step system. It was noted by Mayor Maus
that the seven -step system was based on market data from the
metropolitan area and the rural communities. The market data
was weighted toward the metro area because the city of
Monticello is more similar to the metro area communities than
to the outstate communities. Maus did not necessarily agree
that this is the proper formula that should be used to
establish the Monticello step system.
Dan Blonigen suggested that the City develop six steps instead
of seven by simply eliminating the top step. John Simola
suggested that removal of step seven could cause staff morale
to suffer.
After continued discussion, the meeting was recessed.
Council reconvened. Ken Maus polled the Council regarding the
stop system. Shirley Anderson, Brad Fyle, and Clint Herbst
agreed that step seven should be dropped from the system.
Clint Herbst stated that step seven could be removed at this
time; however, it could always be added at some time in the
future.
After discussion, a motion was made by Dan Blonigen and
seconded by Brad Fyle to adopt the pay equity pay step system
and ranges outlined in Exhibit C with the exclusion of step
seven based on the finding that six stops are more appropriate
given the market conditions in Monticello. Motion carried
unanimously.
Kon Maus then asked Council to consider making a motion to
move employees to the next highest stop from their existing
salary.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to move employees to their next
highest immediate step from their existing salary. voting in
favor: Dan Blonigen, Clint Herbst, Brad Fylo, Ken Maus,
Opposed: Shirley Anderson.
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Council Minutes - 12/9/91
Council discussed cost of living increases. It was noted by
wolfsteller that in most other cities cost of living increases
have been 2% to 4%. The Kiplinger letter noted that the cost
of living index shows an increase of 3.4%.
After discussion, a motion was made by Brad Fyle and seconded
by Ken Maus to approve a cost of living increase of 3%.
Voting in favor of the motion: Shirley Anderson, Brad Fyle,
Ken Maus. opposed: Dan Blonigen and Clint Herbst.
11. Consideration of bills for the last part of November and first
Dart of December.
A motion was made by Dan Blonigen and seconded by Brad Fyle to
approve payment of the bills as submitted. Motion carried
unanimously.
12. Other matters.
Ken Maus requested that 011ie Koropchak provide City Council
with a packet of information on IDC goals.
John Simola reported that Polka Dot recycling company has
ceased its operation and the City must quickly contract with
another recycling company. He noted that the bonding company
associated with the Polka Dot contract will pay any difference
in cost betwoon what we would have paid Polka Dot and a new
provider; therefore, there will be no cost increases to the
program in the short term. City staff will be moving forward
to find a new recycling company.
There being no further discussion, the meeting was adjourned.
Jeff O'Noill
Assistant Administrator
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Council Agenda - 1/13/92
4. Consideration of adoptinq an ordinance amendment coverninq
adult land uses. (J.O.)
A. REFERENCE AND BACKGROUND:
At their meeting held January 7, 1992, Planning Commission
recommended adoption of the ordinance amendment governing
adult land uses.
(Council members: Please insert here the packet of adult land
use information you received earlier this week. Exhibit B is
the ordinance amendment to be considered with this item.)
Planning Commission Agenda - 1/7/92
TABLE OF CONTENTS FOR ITEM 03
I. Staff Report
H. Exhibit A. Studies conducted by other cities on adult uses
and their impact
- Listing
- Summary of studies taken from City of
Rochester report on the impact of adult land
uses
III. Exhibit B.
IV. Exhibit C.
V. Exhibit D
VI. Exhibit E
VII. Exhibit F.
- Indianapolis
- St. Paul - 1978
- St. Paul - 1987
- Phoenix
- Report of the Attorney General's working
group on the regulation of sexually oriented
businesses
Proposed ordinance amendment
Map - Areas of opportunity, Adult use/
principal
Ordinance requiring licensing of adult use
businesses
Resolution adopting findings and conclusions
supporting establishment of zoning ordinance
amendments governing adult land uses
Planning reports submitted by NAC
0
STAFF REPORT
Planning Commission Agenda - 1/7/92
3. Consideration of a resolution adopting findings and
conclusions supportinq establishment of zoning ordinance
amendments governinq adult land uses. (J.O., NAC)
REFERENCE AND BACKGROUND:
The following report is modeled after a similar report
provided by NAC (Northwest Associated Consultants, Inc.) for
the City of Buffalo, Minnesota. Much of the language
contained within this report is direct from NAC. Portions
have been revised and updated by City staff to fit the
Monticello situation. City use of the Buffalo report has been
approved by Steve Grittman of NAC.
Early during the summer of 1990, several news stories surfaced
in metropolitan area newspapers which described adult
entertainment type uses being introduced into communities
which were unprepared for such events. Basically, zoning and
licensing provisions in these cities were found to be
inadequate to properly regulate these type of adult
activities. So as not to encounter similar situations in the
Monticello community, on January 14, 1991, the City Council
adopted an ordinance establishing a one-year moratorium on
development of adult land uses and directed that appropriate
zoning and licensing protections be pursued.
In April of 1991 the Planning Commission held a public hearing
on this matter and elected to table further consideration of
regulations being proposed at that time because the proposed
regulations did not address commercial establishments that
currently sell adult-oriented materials as a secondary or
accessory use. Such establishments typically include video
stores that dedicate a certain portion of their inventory to
adult videos and convenience stores that sell adult-oriented
magazines. This report addresses these matters, and proposed
regulations are suggested which will provide controls which
are presently lacking.
PARAMETERS OF REGULATION
Exhibit A of this report contains a detailed listing of
regional, state, and national studies which have been
conducted on adult uses and their impact. These studies
provide a basis for actions which the City of Monticello can
take in the regulation of such matters. In summary, those
background resources have established the following:
1. Activities defined as adult uses are protected by the
First Amendment to the United States Constitution.
Planning Commission Agenda - 1/7/92
2. A community must provide reasonable opportunity for adult
uses to exist. The Renton, Washington Supreme Court case
provides a primary guideline in this regard.
3. Adult uses may produce a secondary impact or effect which
is judged as negative to the health, safety, and general
welfare of the community; and as a result, these
secondary impacts or effects can be controlled.
4. A community, due to the secondary impact of adult uses,
can regulate such activities and restrict their proximity
to sensitive activity sites which are typically oriented
toward minors.
5. Due also to secondary impacts, a community can maintain
the separation of adult uses from one another.
6. A community has the right to police adult uses to insure
they are operating in a fashion where the secondary
impacts or effects are mitigated to the extent possible.
Based upon these findings and conclusions from the afore-
mentioned studies, an analysis and application of controls has
been formulated for the City of Monticello.
ZONING CONTROLS
Definition and General Provisions:
In organizing land use regulations within the bounds allowed
by law, there is a need to define the topic which is being
addressed. Pages 1 through 5 of Exhibit B of this report
provide such a reference. This material is founded upon
previously established regulations, a primary source being the
City of St. Paul. The proposed definition section of the
zoning ordinance does, however, take a somewhat unique
approach in that principal and accessory adult uses are
distinguished as difforing types of activities. This also
sots the format for subsequent zoning as well as licensing
approaches.
The definition section is intended only to identify the types
of activities being addrossod. It does not by design provide
regulatory controls. A general provisions section text
amendment is proposed to provide the first element of the use
directives. Those provisions are applicable to all adult uses
regardless of the specific district in which they are lncatod.
This material Is also cited in Exhibit B, beginning on page 5,
and should be reforencod for specific details. Of note is the
Planning Commission Agenda - 1/7/92
fact that it is this section which establishes separation
limits between adult uses as well as between adult uses and
other uses where secondary effects cause concern for
compatibility.
District Text Application:
So as to provide required specific opportunity for adult uses
to exist within the city of Monticello, an analysis of the
existing City of Monticello Zoning Ordinance text and map was
conducted. It was determined that the I-2 district provided
the most appropriate zone to accommodate adult uses classified
as principal activity. Only amendments to the I-2 text are,
therefore, proposed to accommodate adult uses/principal.
The present PZM, B-1, B-2, B-3, and B-4 districts were also
evaluated as a possible means to provide opportunity for adult
uses. The possible utilization of the zones noted above as
the basis for neighborhood type commercial use throughout the
community makes the desirability as well as applicability of
these zones accommodating adult uses, which are classified as
principal, auestionable. As a result, adult uses within the
B-3 and B-4 districts are suggested to be only the accessory
type.
The I-1 (light industrial) district was also evaluated as a
possible means to provide opportunity for adult uses. The
close proximity of I-1 zones to neighborhood commercial,
residential areas, and school property makes the I-1 zone a
less than desirable zoning district for adult use/principal.
Opportunity Analysis:
Having once defined the zones in which adult uses are allowed
and subsequently having established their geographic
application, an Investigation can be conducted as to the area
and opportunity provided for adult uses. This in essence is
a test to determine whether the Supreme Court guidelines for
necessary opportunity is being provided. Moreover, this
provides the basis of evaluation for the separation provisions
which aro outlined in the provisions for adult uses contained
in Exhibit B. To reiterate, those separation concerns aro
only applicable to adult uses classified as principal uses.
Table 1, which follows, provides an initial basis for
determining adult use/principal opportunity within the city of
MontlCello. Pursuant to concepts previously stated, the I-2
Planning Commission Agenda - 1/7/92
district has been first evaluated as to area as related to the
balance of the city and secondly, the allowed opportunity area
as related to the size of I-2 zoned property.
TABLE 1
CITY OF MONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
Total•
I-2•
Percent
Developable
Zoned
of
Acres
Acres
City
2,511
137
5%
• Area calculations do not include undevelopable
property owned by NSP, City, Golf Club, School
District.
In general terms, the I-2 district area provides adequate
potential for adult uses.
The general provisions of the proposed zoning ordinance text
amendment which are contained in Exhibit B do, however,
provide limitations on adult uses being located in proximity
to one another (400 feet) as well as between adult uses and
activities judged as sensitive to the secondary effects of
adult use operations (700 feet). The map contained in
Exhibit C identifies adult use opportunity areas with the
restricted distance from residentially zoned areas. This
separation factor is considered to be the fundamental
parameter defining the adult use opportunity within
Monticello.
Carrying the analysis one step further, all the adult use
general provision limitations of the proposed zoning ordinance
need to be addressed. The map contained in Exhibit C adds
"protected" uses to the base map outlining distances from
residentially zoned areas. Table 2, which follows, outlines
the opportunity land available for adult uses and calculations
of this land in relationship to the city as a whole after
subtracting protected areas within the I-2 zone.
Planning Commission Agenda - 1/7/92
TABLE 2
CITY OF MONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
1-2 Percent
Separation Zoned Acres of City
700 feet 59 2.358
From an analysis of information provided by the map in
Exhibit C and Table 2, it has been concluded that the
separation of 700 feet is the minimum distance judged
acceptable. While a distance of 700 feet provides a degree of
protection, an even larger separation would probably be
preferred. Going beyond 700 feet, however, is seen as
potentially jeopardizing what would possibly be viewed as an
acceptable location or sufficiently -sized opportunity area.
The 700 -foot spacing is, therefore, recommended as a
compromise which balances all factors to be considered.
Furthermore, by establishing a separation distance of 400 feet
between adult uses, the opportunity area can be indirectly
enlarged by providing the potential for more adult
establishments within the opportunity area. This added
opportunity will help by assuring the City that sufficient
opportunity for adult uses has been provided.
It should be noted that there is a slight risk in adopting the
I-2 zone as the only area that adult uses as a principal use
can occur. Arguments have been made by adult use
establishments that limiting adult uses to industrial areas or
areas not typically suited for commercial use effectively
eliminates the business viability of the adult use. Or put
another way, the adult use establishments would argue that by
limiting adult uses to the I-2 zone, the City is unfairly
violating the first amendment rights of the adult use
establishments by limiting the adult uses to those areas where
it would be difficult for the adult use to thrive duo to poor
location from a commercial retail traffic standpoint.
Currently, court cases involving this issue related to
regulating adult land uses are in progress. If it is found
that land must be available for adult uses principal in
commercial areas, then the proposed ordinance regulating adult
land uses will need to be amended accordingly.
On the other hand, the City could argue that the I-2 location
provides sufficient commercial opportunity because the
district is near Highway 25 and excellent roadway access to
Planning Commission Agenda - 1/7/92
the site is available. Furthermore, other businesses are now
located in the I-2 zone that do successfully conduct retail
business; namely, Simonson's Lumber and Martie's Feed Store.
LICENSING
A final mechanism available to the City of Monticello which
will assist in assuring adult uses are properly operated is
licensing of such establishments. The primary concerns in
this regard are restricted access to minors, the character of
the business operators, and the prevention of criminal
activities. In response to these concerns, a new licensing
section has been drafted as a proposed amendment to the City
Code as Section 13 of Chapter 3. The content of this section
is intended to focus upon assuring proper adult use operation.
These licensing provisions are found in Exhibit D of this
report and again require detailed review. Exhibit D also
contains a proposed license application form.
You will note that the licensing requirement includes a fee of
$250 for adult use principal and a fee of $50 for adult use
accessory. The licensing process also requires a public
hearing for both principal and accessory adult uses.
Following is a list of businesses that sell magazines or rent
videos that would meet the definition of adult entertainment
and would thus need to acquire a license to allow the sale of
such materials as an accessory use. Based upon initial
observation, it appears that all of the businesses noted above
as currently operated would be in compliance with rules
governing operation of adult uses/ac eossory.
VIDEO STORES
A-V Room
Adult video inventory is in a 4' by 4' room
that encompasses less than 108 of the total
floor area dedicated to video sales. The room
Is completely separate from general floor
area; however, the door into this room is
always open. Current adult video inventory is
730, which is 13.58 of the total inventory
(5,400 videos). "No one under 18" sign is in
prominent position over doorway.
Planning Commission Agenda - 1/7/92
2. Third Street Video
Adult video inventory is in a 12' by 4' room
that encompasses less than 108 of the total
floor area dedicated to video sales. The room
Is completely separate from the general floor
area, and a swinging door separates the adult
video room from the general floor area.
Current adult video inventory is 100 videos,
which is 4.38 of the total inventory (2,300
videos).
ADULT MAGAZINES
Tom Thumb Store - South Hwy 25.
A 2' by 8' magazine rack, along with a small stand,
Is dedicated for sales of adult magazines,
including Playboy, Penthouse, Hustler, Oui, and
Genesis. All magazines are in an opaque wrapper.
The adult magazine sales area is less than 108 of
the total floor area. No adult videos noted.
2. Holiday Station - West 7th Street
A 2' by 4' magazine rack contains adult magazines,
including Penthouse, Penthouse Forum, and Playboy.
All magazines are In an opaque wrapper. The adult
magazine sales area is less than 108 of the total
floor area. No adult videos noted. Playboy
calendar display is also present.
OTHER
All other convenience stores and video stores currently
operating in town were visited. No adult videos or
magazines were discovered in any other establishment than
those noted above.
CONCLUSION
Based upon the background study conducted of adult uses in the
city, state, and from throughout the nation, there is an
evident need to regulate the secondary effects of activities
classified as adult uses. Applying those needs as well as the
legal limitations of control to the city of Monticello has
produced several code amendment proposals which are intended
7
Planning Commission Agenda - 1/7/92
to provide the community with the ability to maintain land use
harmony and protect the general health, safety, and welfare of
the community.
Beyond the general context of the subject and regulations
proposed, specific policy issues related to the following
matters need to be discussed and resolved:
Accessory Uses. Should they be controlled to the extent
suggested?
2. Are there other uses and/or areas which require
protection from secondary effects?
3. Is the separation distance recommended seen as adequate?
4. Is the licensing necessary for adult uses:
a. Principal?
b. Accessory?
B. ALTERNATIVE ACTIONS:
1. Motion to adopt a resolution (Exhibit E) adopting
findings and conclusions supporting establishment of
zoning ordinance amendments governing adult land uses.
The City Plannor and the City Attorney have both reviewed
the proposed ordinance. Steve Grittman of NAC noted the
slight risk associated with confining adult uses to the
I-2 zone, and he also noted the importance of reviewing
documents prepared by other cities that have measured the
Impact of the secondary effects of adult land uses. The
record must show that this information is the basis for
the need to regulate the secondary effects of adult uses.
Attached for your review is such documentation.
The City Attorney reviewed the zoning ordinance text and
ordinance establishing license requirements for principal
and accessory adult uses. He recommended that tho
license fee for adult use principal be loworod from
$1,000 to $250. This is because it has boon found by t ho
court that foos higher than the actual cost to process
the license have boon deemed to be unconstitutional, as
high fees set arbitrarily can be used to discourage adult
uses and, thereby, violate first amendment rights.
8
Planning Commission Agenda - 1/7/92
Adoption of this resolution would result in placement of
the item on the City Council agenda.
2. Motion to deny adoption of the resolution.
If Planning Corgi ission does not agree with the findings
and conclusions outlined in the resolution, then this
alternative should be selected.
C. STAFF RECOMMENDATION:
Staff recommends that the Planning Commission select
alternative #I.
D. SUPPORTING DATA:
Exhibits A through E; NAC Planning Report.
9
EXHIBIT A
Y EXHIBIT A 1
BACKGROUND RESOURCES
In analyzing and evaluating adult uses, the primary information
sources involved numerous studies and background materials from
throughout Minnesota and the nation as a whole. These references
which are on file at Northwest's office are:
Report of the Attorney General's Working Group on the Regulation
of Sexually Oriented Businesses, June 6, 1989
Rochester/Olmsted Planning Department Adult Enterta inment
Research Report, March 2, 1988
ASPO Planning Advisory Service Report #327: Regulating Sex
Businesses by William Toner, May 1977
Adult Entertainment Businesses in Indianapolis, An Analysis,
February 1984
Relation of Criminal Activity and Adult Businesses; Prepared by
the City of Phoenix Planning Department, May 1979
American Law of Zoning: 17.01
{ American Law of Zoning: 17.02
Application of Miller's Test by Jury
Surveys of X -Rated Pornographic Activity in Dakota County 1986-
1989, May 20, 1989
Law Enforcement Cooperation; National Coalition Against
Pornography; Inc.
Pornography Changes Attitudes and Actions, June 1989
Pornogr.n p by Destroys; Dallas Association for Decency
Uncovering Obscene Materials - A Mother's Approach
Adult EntortaLnment, Supplement Study, St. Paul Division of
Planning, 1988
Adult E ntortainment, 40 Acre Study, St. Paul Divis ion of
Planning, 1987
City of Coon Rapids, City Code -Licenses
Director 'a Report, Adult Entertainment, Departme n of
Construction and Land Use, City of Seattle, Washington, August
r 1989
City of Ronton, et al, Appellant V. Playtime Theatre, Inc., et
al, (475 US 411 (No. 84-13601
City of Minneapolis City Code
C:apter III - SUPAM OF STUD=S
:z an ef_crt to prove or dsel t*e perceptions that adult e t_* =
af_e---s ct'e: uses in e4—,- neighborhoods, several =ties bave cm=ucted
s=eries of areas which presently contain adult businesses. Uwe studies
==e—Crated on chan8es isp.�cpe~: f values and crime rates as a base upon
wm=h to meaczwe both the d:. -est and indirect iapae1..s of the.neigb_bombood
e s:. -y parameters esIabI4nhcd a *control Areal and a 'StL* Area'. The
Sturdy Areas chosen were areas which were generally adjacant to residential
areas, crnta.i*mA- land zcae- ec=merc:al and cctained at least Cts adult
ernIte^.a;l�.t business.
C-.nt=1 Areas were then selected which bad characteristics similar to the
Study Areas. The Cert-ol Area were also zcaed arc ally and were adjacent
to residential areas but ccn-aired no adult entertai=ent business. En a
tmrt er of ort to sake the areas as similar as possible, the Ccntml Areas
t`at were sole -.ed had a desographic similarity to the study Area and
cntained build Ms of a simillar age and value as these in the study Areas.
Me importance of areas with chartctcrstics as similar as pole
was to enable a realistic ecrparison of what is bappening in both areas. if we
sauce the assL=pticn that adult ente tai=ent uses have eo effect ch adjacent
rm ghbor-hoo s t''.en the t_ -ends in property values and e -.mc statistics sboaid
be siad l.ar in both areas.
A cr-,y of the complete reports is attached for your review.
A. radiaracolis, Tr24.w3
La 1983 t*,e rndiarapolis Division of Planning amen -took a study to det=zie
wTat effect adult entertainment uses were having on crime rates and prcpe-ty
values whe--e Vw -erre located.
T'.:e study purpose was to consider the efsart of adult entar aimm=t by the
analysis of: 1. crime repor-•s provided by t1he Indianapolis Police Depart of
(M) 2, the analysis of data reflecting the value of rasideatiel prop!_-t;es
w:t'hin 1000 feet of adult entertainment uses, and 3. the results of a random,
raticral survey of the meaba^ship of t':e hm.-ican Institute of Rest Estate
Appraisers.
1. cr'Te incidence.
a) The ave. -age majcr crime rate (i.e. clines per 10,000 p* latien) was
748.55 in the IPD District, 886.34 in the Centml Area, 1090.51 in t`e
Study Area. Zn areas of the study that containad at least one adult
ertertaiment establilahvwt major crimes occurred at a rate that was
231 bigtuar ein t'se six Control Are" studied toot having such
businesses and 461 highs than the Police Dirt.-ict at lave.
b) Alt"cugh it was Lzipessible to obtain a discrete rate for aux-related
crimes at the police district level, it was possible to mnpan mutes
betw*en the Control Area and the Study Area. The average sa:c-raleted
- 5 - March 2, 1988
eriiam rate in the Cor_t_ol Areas over the five year period was 26.2,
white that rate fer the Stu&f Areas was 46.4.
c) If the ratio of sex-related c�+es to major Coes was the srae
between the Ccrt:ol Area and the Study Area, we -wild Creed a
sex-related crime rate of 32.3. 'fare areal rate of 46.4 in the Study
Area is 770 hi#er th= that of the Central Area rather than the 231
that would be expected. 'Etre result indicates the ;rem of ab==al
im-flcerees in ee Stzdf Areas.
d) Close a =d aticm of ewe statist-cs within the Sb* Areas indicate
a di-ecc cmr=elaticn betdren =!= and the res -'Am= -AI chwaetc of
the neighborhood. C=ue Le n:eneies were 56% higher the res:16— al
areas of the study than in the c=maerci.al areas.
e) Sex-related c ---ms ocr_ed fan: tines =9 f egwa y within
renident'at nei#t=--..cods haviM at least one adult entex*ai=ent
busiran than with?a came ---pial neighborhoods having adalt
2. Real Estate Survey:
a) Alt' -m qh the heasing base within the Stagy Arens vas of a disd=,-Iy
higher value eAm that of the C=t=l. Areas, its valce'aFpreciated at
only cue -half to rate of the Control Areas' and ce-third the rate of
two Center nwrsbip's as a whole during the period 1979-1982.
b) Pressures within the SWdy Areas Caused the real estate market within
their boundaries to p:w.'= in a manse o>nt:ary to that vithin the
Centxol Areas, Canter 4twnship and the C=tyty. in a time *em the
trmkst saw a decrease of 501 in listings, the rmzmI , of listings
within the St.:dy Araas actually incensed slightly.
c) Twice as racy houses ware play --d en the market at substandally ]ower
prices than would be CTOC'ted i- the Study Area's market ,.. ...._ . `
bad been typical.
3. Penults of Real Estate WMisari S=veys
a) the Treat majority c: appraiser= (751) who respandad to a national
survey of certified real estate appraisers felt that an adult
bookstore located within orae block would have a negative affect an the
value of beth resider -tial and ccmrartial proper=es. $01 of these
raspcndems foresaw an imaadiato depreciation in am ass of 1(1.
b) At a distance of threes blocks, the great majority of respaodamts (711)
felt that the impact of an adult boekst.=e fall off sharply so that
the ia;act was negligible on bath residential and corm -tial
prcparties.
c) In ar war to a wavey question regardimg the irpact of an adult
bookstore on prtperty values Warally, 501 felt that titans would be a
substantial -to -moderato negative impact, 301 saw Little or no impact.
and 201 saw the effect as being dependent an factors such as the
prw-x=iaar:t values and social) es st—irq in the neagbbozhocd,
t`.e develapment stardae- is{:osed on the ase, and the ability of an
edst_rr, rsmezeial node to buf:er the impact L -ea oche: uses.
B. St. Paul. Minnesota (1978)
In 1978 the City of St. Paul ceriuc`-ed a stogy to detesaian the effects of
a< e-texta=ert basicesses on neichberhood properties located aearty. The
report utiii--ed tarsus ir_=cratioa, residential prepert7 values and crime
statistics be --,jean the years of 1970 and 1976. Even t.cegh the at* eau
sutist�--c l in nature, crrrelat chs did provide eircaastantial evie=ce of the
relat=nship betre-n adult este_•-•a;,me•it and deterzioratiea. The
stsx'y rscluded:
1) The location of adult eante=,ai mamt es+nb1(a}w s c= --elates
ser _4i=rt'y (statist ca]1y s^ea1'=q) with neighborhood
deteznratioa.
2) Adult enterrtairze—= estmbl shm=t3 tend to )mate is scmewbat
deteriorated areas.
3) Addit:enal relative deterioration of an area follows location of as
adult enterlairm:snt business in the area.
4) Ce -m rates relate to eeablie=e=t of adult crb=ta;=e=t bcsinesses
in a threshold fashion. There is a significantly highs= e= I rate
associated with t+o or more such businesses in an area than is
associated with only one adult entertainment business.
5) Set_Sir.V value also relates to es`.ablia)cent of adult ante-tairoant
busi.^.esses in a threshold fashion. Than is significantly lcwe' value
associated wit's tree such businesses in an area than is ■..,..lam
.
with one or ts+o adult entertainment buss MCS.
c. St. Paul, Minnesota (1987)
In 1987 the City of St. Paul again decided to look into the adult
enterrtai inert issue. The }wase of this most recent in;uiry was to data= ra
if presort ordinances were in need of amendment.
Alt`.cvgh t`e purpose of tae report was examine and ana/yre different
strategies for using zcaizr, in dealing with adult entartairsant uses, the
repo r,. b=%. ht to light anot`.er concern - pzestibitiez.
,n -e re tet could not prove ccsclusively t1hat adult entart inoaat uses wen
di_-erly r_rneetod with or sngpert've of prostitution in the area. It did,
hoxevc-, point cut the far eat prostitution was occur -ring at an alarmirxJ
rate, intensity within a three block area su-resnndinq one of St. Paul's most
highly concentrated adult e:ter1-L =ent areas. The repast alluded to a
connection:
"It is unclear to what 4Lvtant Clients of street prostitutes in this
neighborhood are the same people as the patrons of the adult businesses in
- 7 - !touch 2, 1988
the ne ghbort--cod. AFpa-ently, e-8 two activities are often separate, I=t
o= in the s=e *m. -:g sbce:ccd due to its 'see for sale' reputatim •
1) T:e rex=t also doecrented t''.at t.Ere bad been an i=asa in crime in
the area, ac=rdir.5 to police records.
2) The report also caatai:&d t'^.e results of a s=ey of St. Paa1 bark
pat_a asking t..e_ prefe_-encs for a bark )cation and heir
perceptions of dime_ -est location. In response to the Guestios *Are
there any of hese locations where yea would act feel safe can2act-4-4
your banr.:r, busisss?", 363 of the resp=dects said that they would
feel wsa°e barkg at Dale and University (the area of St. Paul where .
t*.e largest conee»—rati,on of adult entertainment is
located) .
D. Phcarr.ix. Ar'=coa
In 1979 the Citi of Fhaetii:, Arima presented a study to detemmi if there
was a relaticwlh p betweart a^_-ests for se coal c -I and 1=4— of adult
businesses. This study used to method of estabn4b4 "Study- and •Cont=)•
areas for its analysis.
T,he follcwLnq urrclusiens were cffe--ed:
1) Tie app, -s to be a significantly greater difference beeasm the
study and control areaster sec crimes t3an for either pscpenty or
violent tcth.er than saanal) cies.
2) It is observed that there axe ab=t 401 vas Pr -PG. --7 cines and about
the same of rata non -sexual violent crimes Par 1,000 persons in tha
Study Areae as compared to the Control Areas.
3) The sex came rate in the Study Areas was an averacp of six times
high: then the rate in ere Cont-ol Area.
4) Q re there is a concentration of acylt bu inesses the diffamoce in
sae Wer -se rates is mast significant. Study Area I contained four (4)
adult businesses less elan 1400 feet away from each other and less
than 500 feet :ft= a residential district. Study Areas M and =1
e_eh eont.31n a single adult business. In Study Area I there were a
higher miter of sec cf.ersas committed - 84 more crimes than in Study
Area II, and 56 more crines t.'nan in Study Area III.
5) kY.an tetzared to the Ctnt_01 Area, the aux crime rate pe71,000
residences was over 11 tires greats- in Study Area I. Within Stc&j
Areas II and III, t' s rates, respectively, are four and akcst three
times as "at as in eA Control Area.
E. American Soe_ety of Plann_' x Officials (ASMI P&=rt:
Also reviewed were reports preFared by varices planning agonies. 0f
particular interest was a report published by the American Sudety of Pla:utinq
Officials entitled "PagUatig :ax Businesses% This report is acr.adud for
your review. It provides a broad eve --view of coronas, methods and tadmiquas
REPORT OF THE ATTORNEY GENERAL'S
WORKING GROUP ON THE REGULATION
OF SEXUALLY ORIENTED -BUSINESSES
June 6, 1989
HUBERT H. HUMPHREY, III
Attorney General
State of Minnesota
MEMBERS OF THE
ATTORNEY GENERAL'S WORKING GROUP
ON THE REGULATION O F SEXUALLY ORIENTED BUSINESSES
:-Ann Burkhart, .
Associate Professor
1 University of Minnesota
Law School
Minneapolis. Minnesota
1 — -- Honorable Kathleen A Bfat7
Minnesota House of Representatives
IR/Bloomington, Minnesota
] Honorable Terry M Dempsey
Minnesota House of Representatives
IR/New Ulm, Minnesota
Thomas L Fabe/
Lindquist & Vennum
Minneapolis, Minnesota
1
J
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John Lau:
Minneapolis Chief of Police
Minneapolis, Minnesota
Shame Sayles -Belton
CouncIlwoman
Minneapolis. Minnesota
Honorable Kathleen VeDenga
Minnesota House of Representatives
DFLISL Paul, Minnesota
WAllam Wilson
Councilman
SL Paul, Minnesota
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TABLE OF CONTENTS
INTRODUCTION.......................................................................................
SUMMARY............................................................................................... ._ _ ....
3
IMPACTS OF SEXUALLY ORIENTED BUSINESSES ............... _.............. __.......
6
Minneapolis Study
St. Paul......................................................................................................... .._....
7
1
Indianapolis................................................................................................._.._......
8
Phoenix................................................................._......._....._....................._ ... _..
9
Los Angeles .........................
-
Concentration of Sexually Oriented Businesses Neighborhood Case Study ..
10
j
1
Testimony.........................................................
SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME ............
14
PROSECUTORIAL AND REGULATORY ALTERNATIVES ...... .............. ....._...
20
1
OBSCENITY PROSECUTION...............................................................................
21
RECOMMENDATIONS........................................................... .... _.....................
24
OTHERLEGAL REMEDIES......................................................... .............. _._......
25
RICO/FORFEITURE................................................................._...._........_.._.......
25
RECOMMENDATIONS..........................................................................................
28
1
NUISANCE INJUNCTIONS ............................................... ..... ..........................
28
RECOMMENDATIONS......................................................................._.................
30
JZONING
..................................................................................................................
30
JSupreme
Court Decisions........................................................ ............... .__......
31
(
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Standards and Need for Legal Zoning..................................................................
35
IDocumentation
to Support Zoning Ordinances..................................................
36
-�
Availability of Locations for Sexually Oriented Businesses ...............................
37
Distance Requirements.......................................................................__._..._._..
39
Requiring Existing Businesses to Comply with New Zoning ......... .....__...........
40
RECOMMENDATIONS* ..............................
41•.
LICENSING AND OTHER REGULATIONS...................................... _.._.__......
41
1
RECOMMENDATIONS......................................................................__._..._...
44
CONCLUSION............................................................... _ _ __.�.
45
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INTRODUCTION
Many comrnunities in Minnesota have raised ccresrns about the imact of
sexually oriented businesses_ on their quality of life. It has been suggested that sexually
criented businesses serve as a magnet to draw prestituticn and other crimes into a
vulnerable neighborhood. Community groups have also voiced the concern the;
sexually oriented businesses can have an adverse effect on property values and
imcede neighborhood revitalization. It has been suggested that spillover effects of the
businesses can lead to sexual harassment of residents and scarer unwanted evidence
of sexual liaisons in the caths of children and the yards of neighbors.
Although many ccrnmunities have sought to regulate sexually oriented businesses,
...ese efforts have often been contrcversial and equally often unsuccessful. Much
ccmmunity sentiment against sexually oriented businesses is an outgrowth of hcs lity
to sexually explicit forms of expression. Any successful strategy to ccmt:at sexually
oriented businesses must take into acccurt the ccnstittaonal rights to free speech
which limit available remedies.
Only those pomographic materials which are determined to be 'obscene' have no
constitutional protection. As explained later in more detail, only that pornography
which, according to ccrnmuniy standards and taken as a whole, "appeals to the
prurient interest' (as opposed to an interest in healthy sexuality), describes or depicts
sexual conduct in a "patently offensive way' and 'lacks serious literary, artistic, political
or sc:ertific value,' can be prohibited or prosecuted. Miller v. California, 413 U.S. 15,
24(1973).
Other pornography and the businesses which purvey it can only be regulated
where a harm is demcrstrated and the remedy is sufficiently talcred to prevent that
harm without burdening First Amendment rights. In order to reduce or eliminate the
impact of sexually crienteo businesses, each community must find the balance
between the dangers of pornography and the constitutional rights to free speech. Each
community must have evidence of harm. Each community must know the range of
legal tools which can be used to combat the adverse impacts; of pornography and
sexually oriented businesses.
On June 21, 1Se8, Arcmey General Hubert Humphrey III announced the formation
of a Working Grcup on the Regulation of Sexually Oriented Businesses to assist public
officials and private citizens in finding legal ways to reduce the impacts of sexually J
oriented businesses. Members of the Working Group were selected for their special
I expertise in the areas of zoning and law enforcement and included bipartisan
representatives of the state Legislature as well as members *of both the Minneapolis
and St. Paul city councils who have played critical roles in developing city ordinances
regulating sexually oriented businesses.
The Wcrking Group heard testimony and conducted briefings an the imparts cf
sexually oriented businesses an crime and communities and the methods available to
reduce or eliminate these impacts. Extensive research was conducted to review
regulation and prosecution strategies used in other sates and to analyze time legal
ramifications of these strategies.
jAs testimony was presented, the Working Group reached a consensus that a
comprehensive approach is required to reduce or eliminate the impacts of sexually
1 oriented businesses. Zcnirg and licensing regulations are needed to protect residents
from the intrusion of "combat zone' sexual crime • and harassment into their
neighborhoods. Prosecution of obscenity has played an important role in each of the
titles which have significantly reduced or eliminated pornography. The additional
threat posed by the involvement of organized crime, if proven to exist, may justify the
resources needed for prosecution of obscenity or require use of a forfeiture or
racketeering statute.
The Working Group determined that it could neither advocate prohibition of all
1 sexually explicit material nor the use of regulation as a pretext to eliminate all sexually
oriented businesses. This conclusion is no endorsement of pornography or the
businesses. which profit from it. The Working Group believes much pornography
conveys a message which is degrading to women and an affront to human. dignity.
Commercial pornography promotes the misuse of vulnerable people and can be used
Jby either a perpetrator or a victim to rationalize sexual violence. Sexually oriented
businesses have a deteriorating effect upon neighborhoods and draw involvement of
Jorganized crime.
1 .2- J
Communities are not powerless to combat these problems. But to be most
effective in defending itself from pornography each community mus work from the
evidence and within the law. The report of this Working Group is designed to assist
local communities in developing an appropriate and effective defense.
The first secion of the report discusses evidence that sexually oriented
businesses, and the materials from which they profit; have an adverse impact on the
surrounding communities. It provides relevant evidence which local communities can
use as part. of their justification for reasonable regulation of sexually oriented
businesses.
The Working Group also discussed the relationship between sexually oriented
businesses and organized dime. Concerns about these broader effects of sexually
criented businesses underlie the Working Group's recommendations that obscenity
shculd be prose=ed and the tools of obscenity seized when sexually oriented
businesses break the law.
The second section of this report describes strategies for regulating sexually
oriented businesses and prosecuting obscenity. The report presents the principal
alternatives, the recommendations of the Working Group and some of the legal issues
to consider when these strategies are adopted.
The goal of the Attorney General's Working Group in providing this report is to
support and assist local communities who are struggling against the blight of
pornography. When citizens, police officers and city officials are concerned about
crime and the deterioration of neighborhoods, each of us lives next door. No
community stands alone.
SUMMARY
The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses makes the following reccmmendations to assist communities in protecting
themselves from the adverse effects of sexually oriented businesses. Some or all of
•3-
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1 these recommendations may be needed in any given community. Each ccmmunity
must decide for itself the nature of the problems it faces and the proposed sclutions
which would be rnost fitting.
11. City and county attorneys' offices In the Twin Cities metropolitan
area should designate a prosecutor to pursue obscenity prosecutions
j and support that prosecutor with specialized training.
2 The Legislature should consider funding a pilot program to
demonstrate the efficacy of obscenity prosecution and should
encourage the pooling of resources between urban and suburban
prosecutor officas by making such cooperation a condition for receiving
any such grant funds.
9. The Attorney General should provide Informational resources for
1 city and county attorneys who prosecute obscenity crimes.
1 4. Obscenity prosecutions should begin with cases Involving those
materials which most flagrantly offend community standards.
1
S. The Legislature should amend the present forfeiture statute to
Include as grounds for forfeiture all felonies and gross misdemeanors
pertaining to solicitation, Inducement, promotion or receiving profit from
prostitution and operation of a "disorderly house."
6. The Legislature should consider the potential for a RIC041ke
1 statute with an obscenity predicate.
7. Prosecutors should use the public nuisance statute to enjoin
operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling or operating a disorderly
1 house.
J
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I
a. Communities should document findings of adverse secondary
effects of sexually oriented businesses prior to enacting zoning
regulations to control these uses so that such regulations can be upheld
if challenged in court.
9. To reduce the adverse effec's of sexually oriented businesses,
communities should adopt zoning regulations which set distance
requirements between sexually oriented businesses and sensitive uses,
Including but not limited to residential areas, schools, child care
facilities, churches and parks.
10. To reduce adverse Impacts from concentration of these
businesses, communities should adopt zoning ordinances which set
distances between sexually oriented businesses and between sexually
oriented businesses and liquor establishments, and should consider
restriding sexually oriented businesses to one use per building.
11. Communities should require existing businesses to comply with
new zoning or other regulation of sexually oriented businesses within a
reasonable time so that prior uses will conform to new laws.
12. Prior to enacting licensing regulations, communitles should
document findings of adverse secondary effects of sexually oriented
businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld if challenged In -
court.
13. Communities should adopt regulations which reduce the likelihood
of criminal activity related to sexually oriented businesses, Including but
not limited to open booth ordinances and ordinances which authorize
denial or revocation of licenses when the licensee has committed
offenses relevant to the operation of the business.
•5-
14. Communities should adopt regulations which reduce exposure of
the community and minors to the blighting appearance of sexually
oriented businesses, including but not limited to regulations of signage
and exterior design of such businesses, and should enforce state law
requiring sealed wrappers and opaque covers on sexually oriented
material.
IMPACTS OF SEXUALLY ORIENTED BUSINESSES
The Working Croup reviewed evidence from studies conduced in Minneacclis and
St. Paul and in other cities thrcughout the country. These studies, taken together,
provide compelling evidence that sexually oriented businesses are associated with high
crime rates and depressicn of prcpeTy values. In additicn, the Working Group heard
testimony that the character of a neighborhood can dramatically change when there is
a ccncentraticn of sexually criented businesses adjacent to residential property.
l
1
Minneaoolls Studv
In 1920, on direction frcn the Minneapolis City Council, the Minneapolis Crime
Prevention Center examined the effects of sex -oriented and alcohol-criented adult
entertainment upon property values and crime rates. This study used both simple
regression and multiple regression statistical analysis to evaluate whether there was a
causal relationship between these businesses and neighborhood blight
The study =nduded that here was a dose association between sexually criented
businesses, high crime rates and low housing values in a neighborhood. When the
data was reexamined using control variables such as the mean income in the
neighborhood to determine whether the association proved causation, it was unclear
whether sexually oriented businesses caused a decline in property values. The
Minneapolis. study ccnc!uded that sexually oriented businesses concentrate in areas
which are relatively detericrated and, at mcst, they may weakly contribute to the
continued depression of property values.
However, the Minneapolis study found a much stronger relationship between
sexually oriented businesses and crime rates. A crime index was constructed inc!uding
robbery, burglary, rape and assault The rate of crime in areas near sexually oriented
businesses was then compared to crime rates in other areas. The study drew the
following conc!usicns:
1. The effects of sexually oriented businesses an the crime rate index is
positive and significant regardless of which control variable is used.
2. Sexually oriented businesses continue to be associated with higher
crime rates, even when the control variables' impacts are considered
simultaneously.
According to the statistical analysis conducted in the Minneapolis sandy, the
addition of. one sexually oriented business to a census tract area will cause an increase
in the overall crime rate index" in that area by 9.15 crimes per thousand pecple per year
even if all other social factors remain unchanged.
St. Paul
In 1978, the St. Paul Division of Planning and the Minnesota Crime Control
Planning board conducted a study of the relationship between sex-criented and
alcohol -oriented adult entertainment businesses and neighborhood blight This study
looked at crime rates per thousand and median housing values over time as indices of
neighborhood detericraticn. The study combined sex -oriented and alcohol -oriented
businesses. so its contusions are only suggestive of the effects of sexually oriented
businesses alone. Nevertheless. the study reached the following important
conc!usions:
1. There is a statistically significant correlation between the location of
adult businesses and neighborhood deterioration.
.7.
2. Adult entertainment establishments tend to locate in somewhat
deteriorated areas.
3. Additional relative deterioration of an area follows location of an adult
business in the area.
4. There is a significantly higher crime rate associated with two such
businesses in an area than is associated with only one adult business.
5. Housing values are also significantly lower in an area where there are
three adult businesses than they are in an area with only one such business.
Similar condusicns about the adverse impact of sexually oriented businesses an
the community were reached in studies conducted in cities across the nation.
Indianaoolis
In 7583, the City of Indianapolis researched the relationship between sexually
oriented businesses and property values. The study was based on data tram a
national random sample of 20 percent of the American Institute of Real Estate
Appraisers.
The Study found the following:
1. The appraisers overwhelmingly (SO%) felt that an adult bookstore
located in a neiGhborhocd would have a negative impact on residential
property values within one block of the site.
2. The real estate experts also overwhelmingly (71%) believed that there
would be a detrimental effect on commercial property values within the same
one block radius.
I
J
1
3. This negative impact dissipates as the distance from the site increases,
so that most appraisers believed that by three blocks away from an adult
bookstore, its impact on property values would be minimal.
j Indianapolis also studied the relationship between crime rates and sexually
oriented bookstores, cabarets, theaters, arcades and massage parlors. A 1S84 study
j entitled "Adult Entertainment Businesses in Indianapolis' found that areas with sexually
' oriented businesses had higher crime rates than similar areas with no sexually oriented
-: businesses.
1. Major crimes, such as criminal homicide, rape, robbery, assault,
burglary, and larceny, occurred at a rate that was 23 percent higher in those
areas which had sexually oriented businesses.
2. The sex-related crime rate, including rape, indecent exposure, and child
molestation, was found to be 77 percent higher in those areas with sexually
oriented businesses.
Phoenix
The Planning Oepartment of Phoenix, Arizona published a study in 1979 entitled
"Relation of Criminal Activity and Adult Businesses." This study showed that arrests for
sexual crimes and the location of sexually oriented businesses were directly related.
The study compared three areas with sexually oriented businesses with three control
areas which had similar demographic and land use characteristics, but no sexually
oriented establishments. The study found that,
1. Property crimes were 43 percent higher in those areas which contained
a sexually oriented business.
2. The sex crime rate was 500 percent higher in those areas with sexually
oriented businesses.
.9.
3. . The study area with the greatest concentraticn of sexually oriented
businesses had a sex crimes rate over 11 times, as large as a similar area
having no sexually oriented businesses.
Los Angeles
A study released by the Los Angeles Police Department in 1984 supports a
relationship between sexually oriented businesses and rising crime rates. This study is
less definitive, since it was not designed to use similar areas as a control. The study
indicated that there were 11 sexually oriented adult establishments in the Hollywood,
California, area in 19ER Ey 1975, the number had grovm to 88. During the same time
period, repered incidents of "Part I' time (.e., homicide, rape, aggravated assault
robbery, burglary, larceny and vehicle theft) increased 7.6 percent in the Hollywood
area while the rest of Los Angeles had a 4.2 percent increase. "Part II' arrests (i.e.
forgery, prostitution, narcotics, liquor law violations, and gambling) increased 3.4
percent in the rest of Los Angeles, but 45.4 percent in the Hollywood area.
Concentration of Sexually Oriented Businesses
Neiqhborhood Case Study
In SL Paul, there is one neighborhood which has an especially heavy concentration
of sexually oriented businesses. The blocks adjacent to the intersection of University
Avenue and Date Street have more than 20 percent of the city's adult uses (4 out of 19),
including all of SL Paul's sexually oriented bookstores and movie theaters.
The neighborhood, as a whole, shows signs of significant distress, InCuding the
highest unemployment rates in the city, the highest percentage of families below the
poverty line in the c°ty, the lowest median family income and the lowest percentage of
high school and college graduates. (See 40•Acre Stvdv on Adult Entertainment, SL
Paul Department of Planning and Economic DevelcpmerL Division of Planning, 1987 at
p. 19.) It would be difficult to arribute these problems in any simple way to sexually
oriented businesses.
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i
J
However, it is likely that there is a relaticnship between the concentration of
sexually oriented businesses and neighborhood crime rates. The St Paul Police
Department has determined that St. Paul's street prostituticn is concentrated in a
"street prestitLticn zone' immediately adiacent to the intersection where the sexually
criented businesses are located. Police statistics for 1986 show that of 279 prestituticn
arrests for which specific locations could be identified, 70 percent (195) were within the
..street prostitution zone." Moreover, all of the locations with 10 or more arrests for
prostitution were within this zone.
The location of sexually oriented businesses has also created a perception in the
community that this is an unsafe and undesirable part of the city. In 1983, Western
State Bank, which is currently located across the street from an adult bccks rre, hired a
research firm to survey area residents regarding their preferred location for a bank and
their perceptions of different locations. A sample of 305 people were given a list of
locations and asked, "Are there any of these locations where you would not feel safe
conducting your banking business?'
No more than 4 per cent of the respondents said they would feel unsafe banking at
other locations in the city. But 36 percent said they would feel unsafe banking at Dale
and University, the corner where the'sexually oriented businesses are concentrated.
The Working Group reviewed the 1987 40 -Acre Study an Adult Entertainment
prepared by the Division of Planning in St. Paul's Department of Planning and
Economic Development This study summarized testimony presented to the Planning
Commission regarding neighborhood problems:
Residents in the University/Dale area report frequent sex-related harassment
by motorists and pedestrians in the neighborhood. Although it cannot be
proved that the harassers are patrons of adult businesses, it is reasonable to
suspect such a connection. Moreover, neighborhood residents submitted
evidence to the Planning Commission in the form of discarded pornographic
literature allegedly found in the streets, sidewalks, bushes and alleys near
adult businesses. Such literature is sexually very explicit even on the cover,
and under the present circumstances becomes available to minors even
tncugh its sale to minors is prcnibited.
Testimonv
The Working Grcuo heard testimony that a concentration of sexually crierred
businesses has serious imcacs upon the surrounding neighborhood. The Working
Grcup heard that pcmcgraphic materials are left in adjacent lots. One person reported
to the police that he had found :0 pieces of pcmcgraphic material in a church parking
Ict near a sexually criented business. Neighbors report finding used condoms on their
lawns and sidewalks and that sex ars with prostitutes occur on streets and alleys in
plain view of families and c=ildren. The Wcrking Group heard testimony that arrest
rates understate the level of crime associated with sexually oriented businesses. Many
robberies and thefts from "jchns' and many assaults upon prostitutes are never
reported to the police.
Prostitution also results in harassment of neighbcncccd residents. Young girls cn
their way to school or young women on their way to work are often propositioned by
jchns. The Fick theater caters to homosexual trade, and male prostiutien has been
noted in the area. Neighborhood boys and men are also ac ---.sed on the street. A
police officer testified that one resident had informed him that he found used condoms
in his yard all the time. Both his teenage son and daughter had been solicited on their
way to school and to work.
The Working Group heard testimony that in the Frogtcwn neighbcncccd,
immediately nosh of the University -Dale intersection in St. Paul, there has been a
change over time in the quality of life since the sexually criented businesses moved into
the area. The Working Group heard that the neighborhood used to be primarily middle
class, did not have a high crime rate and did not have prostitution. St Paul police
cfficers testified that they believed the sexually criented businesses caused
neighbcncocd problems, paric_larty the increase in prostittt m and other rime rates.
Property values were suffering, since the presence of high crime rates made the area
t
-12.
less desirable to people who would have the ability and inclination to improve their
homes.
The Working Group made some inquiry to deter nine to what extent smaller cities
outside the Twin Cities Mecrccolitan area suffered adverse impacts of sexually oriented
businesses. The Working Grcuo was informed by the chiefs of police of Northfield and
Owatonna that neither city had adult bookstores or similar sexually oriented
businesses. Police chiefs in Rochester and Winona stated that sexually oriented
businesses in their communities operate in ncn-residential areas. In addition, there is
no "concentration' problem. In Rochester, there are two facilities in a shopping mall
and a single bookstore in a depressed commercial/business neighborhood. The
Winona stare is located in a downtown business area. The police chiefs stated that
they had no evidence of increased crime rates in the area adjacent to these faclities.
They had no information as to the effect whi& these businesses might have on local
property values.
Information presented to the Working Group indicates that community impacts of
sexually oriented businesses are primarily a func icn of two variables. proximity to
residential areas and concentration. Property values are directly affected within a small
radius of the location of a sexually oriented business. Concentration may compound
depression of property values and may lead to an increase in crime sufficient to change
the quality of fife and perceived desirability of property in a neighborhood.
The evidence suggests that the impacts of sexually oriented businesses are
exacerbated when they are located near each other. Police officers testified to the
Working Group. that "vice breeds vice.' When sexually oriented businesses have
multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses. The Working Group heard testimony
that concentration of sexually criented businesses creates a "war zone' which serves
as a magnet for people from other areas who "know' where to find prostitutes and
sexual entertainment. The presence of bars in the immediate vicinity of sexually
criented businesses also compounds impacts upon the neighborhood.
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The Attorney General's Working Group believes that regulatory strategies designed
_ to reduce the ccrcentraticn of sexually oriented businesses, insulate resicential areas
from them, and reduce the likelihood of associated criminal activity would ccnsstute a
rational response to evidence of the impacts which these businesses have upon Iccal
I communities.
i
SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME
Infiltration of organized crime into sexually oriented businesses reinforces the need
_ for prosecution of obscenity and requires specific regulatory or law enforcement tccls.
The Working Croup a-.empted to assess both the present and potertiai relationship
between organized crime and sexually oriented businesses.
The Working Croup heard testimony from a witness who had been prosecuting
1 obscenity cases for the past thirteen years that many sexually oriented businesses have
J out-cf-town absentee owners. If the manager of a local business is prosecuted on an
obscenity charge, his testimony may make it possible to pierce the corporate veil and
..� identify the true owners.
The Working Group heard testimony that an organized crime entity may operate
somewhat like a franchisor. In order to stay in business, the Iocd manager of a
sexually oriented business may have to pay fees to organized crime. The makers and
wholesalers of pornographic materials are also likely to be involved with organized
crime.
The Working Group conducted additional research to assess the relationship
between sexually oriented businesses and organized crime. The Working Group was
informed by prosecutors of obscenity that there were many ways in which organized
crime entities could derive a benefit from sexually oriented businesses. There is a large
profit margin in pornography. The preserce of coin-cperated peep booths provides an
opportunity to launder money. Cash obtained from illegal activities, such as
prostitution or narcotics, can be explained as the income of peep booths. Cash
Jincome can also escape taxation, in violation of law.
.J
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Although it is dear that organized crime is involved to some degree in the
pornography industry, various sources reach different conclusions as to the depth and
extent of this involvement Part of the difference in assessment is based on differences
in the way the term "organized crime" is defined. Authorities who restrict their
definition of organized crime to the highly organized ethnic hierarchy known as La Cosa
Nostra (LCN) tend to find fewer links than those who define the term to indude other
organized criminal enterprises. Where there has been intensive law enforcement and
' prosecution, it is more likely that linkage between sexually oriented businesses and
Iorganized crime figures will be evident
The Working Group has adopted the definition of organized crime contained in
I Minnesota's Report of the Legislative Commission on Organized Crime (1975). The
Working Group is concerned about the relation between sexually oriented businesses
Jand any "organized criminal conspiracy of two or more persons that is continuous in
nature, involves activity generally crossing jurisdictional lines and results in third -parry
profit' The threat from organized crime incudes, but is not limited to involvement of
= national crime enterprises such as LCN.
Recent federal Indictments of James G. Hafiz in Indiana for perjuryt/ and of
Harry V. Mohney in Michigan for tax evasion suggest a possible connec'Jcn between
organized crime and a Minnesota pomography business. Ha9z, a Minnesota resident
who Is an agent of Beverly Theater, Inc., the company which operated the Faust
! Theater in SL Paul,2/ has been linked to Mohney, a major pornographer based in
Michigan. The indictments allege that Mohney caused the incorporation of the
company which operated the Faust, that a corporation owned by Mchney paid for
Improvements to the Faust and that Mohney is, In fect, the owner of numerous sexually
oriented businesses, including the Faust. See United States v. Hafiz, Indictment. No.
IP 88 -102 -CR (S.D. Ind., Sept. 15, 19128); United States v. Mahrev, Indictment, No.
ee-SCC62 (ED. Mich. Sept. 5, 1588)).
1/ Har¢ was acquitted of the perjury charges. St Paul Pioneer Press, Jan. 11, 1989, p.
I CA.
2/ The City of St. Paul bought cut the Faust for $1.8 million, dosing the entertainment
complex on March 7, 1583.
1 .15-
Mohney, in tum, has been linked with national organized aims enterprises. A 1977 d
report of the United States Justice Department stated:
It is believed that Harry V. Mehney of Durand, Michigan, is one of the largest
dealers in pornography in the United States ... He is alleged to have a dose
association with the LCN. Columba and the LCN DeCavaicxnte, both of
which are very influential in pornography in the eastern United States. In
Michigan, Mehney is known to hire individuals with organized crime
associations to manage his businesses. His businesses and corporations
consist of 60 known adult bookstores, massage parlors, art theaters. adult
drive-in movies, go-go type lounges and pornographic warehouses in
Michigan, Indiana, Illinois, Kentucky, Tennessee, Wisconsin, Iowa, Ohio and
California. He is involved in the financing and production of pornographic
movies. magazines, books and newspapers. He also d'uec's the importation
and distribution of his own and other pornographic publications to retail and
wholesale outlets throughout the United States and Canada ... He has a
working relationship with DeCavalcante's representative Robert DiSemardo
and has met with Vito Giacalone and Joseph Zenlli of the LCN Detroit He
has to cater to both to operate in Michigan.
U.S. Justice Dept, Orcanized Crime Involvement in Pomogmohv, reprinted in the
Attorney General's Camm'n on Pomography (hereinafter "PomaGmphy Commission j,
2 Final Report at 1229-30 (1966).
Organized crime has the potential to infiltrate M'mnesata's pomogmphy.industry.
Evidence on a national level highlights the vulnerability of sexually oriented businesses
to criminal control. A number of sources have reported that there Is a connectlen
between organized crime and the pornography industry.
iThe Pornography Commission reported that the Washington, O.C., Metropolitan
Police Department "determined that traditional organized crime was substantiaily
involved in and did essentially control much of the major pornography distribution In
the United States during the years 1977 and 1978.' 2 Final Reocrt at 1044.45. The
Washington, O.C.. study "further conc.uded that the combination of the targe amounts
of money involved, the incredibly low priority obscenity enforcement had within police
departments and prosecutors' offices in an area where manpower intensive
investigations were essential for success, and the imposition of minimal fines and no
jail time upon random convictions resulted in a low risk and high profit endeavor for
organized crime figures who became involved in pamography.' Id. at 1045.
The FBI concluded in 1978: .
Information obtained ... points out the vast control of the multi-million dollar
pornography business in the United States by a few indMduals with direct
connections with what is commonly known as the organized crime
establishment in the United States, specifically, La Cosa Nostra . . .
Information received from sources of this bureau indicates that pornography
is (a major) income maker for La Cosa Nostra In the United States behind
gambling and narcotics. Although La Cosa Nostra does not physically
oversee the day -today workings of the majority of pornography business in
the United States, it is apparent that they have "agreements' with those
involved in the pornography business in allowing these people to operate
independently by paying off members of organized crime for the privilege of
being allowed to operate in certain geographical areas.
Id. at 1046 (quoting Federal Bureau of Investiastien Report Reaerdina the Extent of
Organized Crime Develcoment in Pomocrachv, 6 (1978)).
A brief survey of 59 FBI field offices conducted in 1985 found that about
three-quarters of those offices could not verify that traditional organized crime families
were Involved In the manufac ure or distribution of pornography. Several offices did,
however, report some involvement by members and associates of organized crime. Id.
at 1046.47,
Stanley Ronquest, Jr., a supervisory FBI special 9gent for traditional organized
crime at FBI headquarters in Washington, D.C., was Interviewed by Attorney General
staff. Ronquest stated that LCN has not been directly Involved in the pornography
Industry In the last ten years. However, a former FBI agent told the Pornography
Commission:
In my opinion, based upon twenty-three years of experience in pornography
and obscenity Investigations and study, it Is practically Impossible to be In
the retail end of pornography industry (today) without dealing In some
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fashion with organized crime either the mafia or some other facet of nen-
mafia never -the -less highly organized crime.
Id. at 1047-48.
Thomas 8ohling of the Chicago Police Department Organized Crime Division, Vice
Control Section, told the Pomography Commission that "it is the belief of state, federal•
and local law enforcement that the pornography industry is controlled by organized
crime families. If they do not own the business outright, they most certainly extract
street tax from independent smut peddlers.' Id. at 1048 (emphasis in original).
The Pornography Commission stated that it had been advised by Los Angeles
Police Chief Daryl F. Gates that "organized crime families from Chicago, New York,
New Jersey and Florida are openly controlling and directing the major pornography
operations in Los Angeles.' Id.
The Pornography Commission was told by Jimmy Fratianno, described by the
Commission as a member of LCN, "that large profits have kept organized crime heavily
involved in the obscenity Industry.' Id. at 1052 Fradanno testified that "952% of the
families are involved In one way cr another In pornography.... It's too big. They just
won't let it go.' Id, at 1052.53.
The Pornography Commission concluded that "organized crime in its traditional
LCN forms and other forms exerts substantial influence and control over the obscenity
industry. Though a number of significant producers and distributors are not members
of LCN families, all major producers and distributors of obscene material are highly
organized and carry out Illegal activities with a groat deal of sophistication.' Id. at 1053.
The Pornography Commission reported that Michael George Thevis, reportedly
one of the largest pornographers In the United States during the 1970's was convicted
in 1979 of RICO (Racketeer Influenced and Corrupt Organizations) violations Including
murder, arson and extortion. The Commission also reported examples of other crimes
associated with the pornography indu.'try, Including prostitution and other sexual
abuse, narcotics distribution, money laundering and tax violations, copyright violations
and fraud. Id. at 1056-65.
Although the Pornography Commission report has been criticized for relying on the
testimony of unreliable informants in drawing its conclusions finding links between
pornography and organized crime L Scott, Book Reviews. 78 J. Crim. L S
Criminology 1145, 1158-59 (1988)), its conclusions find additional support in recent
state studies.
The Califomia Department of Justice recently reported that
CaRfomia's primacy in the adult videotape industry is of law enforcement
concern because the pornography business has been prone to organized
crime involvement Immense profits can be realized through pornography
operations, and until recently, making and distributing pornography involved
a relatively low risk of prosecution. But more aggressive law enforcement
efforts and turmoil within the pornography business has destabilized the
smooth flow of easy money for some of its major operations ....
As long as.control over pornography distribution is contested, and organized
crime figures continue their involvement In the business, the.pomography
industry will remain of interest to law enforcement officials statewide.
Bureau of Organized Crime and Criminal Intelligence, Department of Justice, State of
California, Organized Crime in California 1987: Annual Reoort to the California
Legislature at 59-62 (1988).
The Pennsylvania Crime Commission slmlarty determined in a 1980 report that
most pornography stores examined were affillated or owned by one of three men who
had ties with "nationally known pornography figures who are members or associated of
organized crime families.' Pennsylvania Crime Commission, A Decade of Organized
Crime: 1980 Revert at 119.
I For example, Reuben Sturman, a leading pornography industry figure based in
Cleveland, was reported by the Fal In 1978 to have built his empire with the assistance
of LCN member DIBerrnardo. Federnt Bureau of Investigation Reocrt Recardino the
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Extent of Crqanized Crime Involvement in Pomograchv (1978). Sturman, who
reportedly controls half of the 58 billion United States pornography industry, was i
recently indicted by a federal grand jury in Las Vegas for racketeering violations and by
a federal grand jury in Cleveland for income tax evasion and tax fraud. News+veek,
August 8, 1988, p. 3.
Evidence of the vulnerability of sexually oriented businesses to organized crime
involvement unders=res the importance of criminal prosecution of these businesses
when they engage in illegal activities. including distribution of obscenity and support of
prostitution. Prosection can increase the risk and reduce the profit margin of
conducting illegal activities. It may also disclose organized dime assodation with Iccr:1
pornography businesses and increase the costs of criminal enterprise in Minnesota.
In addition to prosecution, forfeiture of property used in the illegal activities related
to sexually cdented businesses can cut deeply into profits. Regulation to permit license
revocation for conviction of subsequent crimes may also expose and increase control
over criminal enterprises related to sexually oriented businesses.
PROSECUTORIAL AND REGULATORY ALTERNATIVES
The regulation of many sexually oriented businesses, like other businesses dealirtg
in activity with an expressive component, Is circumscribed by the First Amendment of
the United States Constituticn.3/ Nonetheless, the Fust Amendment does not impose
a barrier to the prosecution of obscenity, which is not protected by the First
Amendment, or to reasonable regulation of sexually oriented businesses If the
1 3/ The First Amendment provides:
Censreso shall make no law respecting an establishment of
relislcn, or prchib,urg Me free exercise thereof, or abridging the
freedom of speech. or of the press, or the right of the people peaceably
to assemble, or to petition the government for a redress of grievanCO3.
' The cans'Jtutienal guarantee of freedom of speech, often the batsls for challenges to
h regulation of sexually oriented businesses. restricts state as well as federal actlarm
See, Milk ., Fiske v. Kansas. 274 U.S. 3E0, 47 S. CL 655 (1927).
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regulation is not designed to suppress the content of, expressive activity and is
sufficiently tailored to accomplish the regulatory purpose.
The Working Group believes that communities have more prosecutorial and
regulatory opportunities than they may cuirrendy recognize. The purpose of this section
of the Report is to identify and recommend enforcement and regulatory opportunities.
Of purse, each community must decide an its own how to balance ifs limited
resources and the wide variety of competing demands for such resources.
1. OBSCENITY PROSECUTION
Obscene material is not pretec ed by the Fust Amendment Miller v. California.
413 U.S. 15, 93 S. Ct. 2607 (1973). The sale or distribution of obscene material in
Minnesota is a criminal offense. The penalty was recently increased to up to one year
In jail and a 53,000 fine for a first offense, and up to two years in jail and a $10,000 fine
for a second cr subsequent offense within five years. Minn. Stat 1617.241, subd. 3
The Working Group believes that Minnesota's obscenity statutes aro adequate to .
prosecute and penalize the sale and distribution of obscene materials. However,
historically, widespread obscenity prosecution has not occurred.
The Working Group believes this Is not because the sale or distribution of obscene
publications in Minnesota is rare, but because prosecutors have been reluctant to bring
cbacenity chargeo, because of limited resources, difficulties faced when prosecuting
obscenity, and because obscenity has historically been considered a victimless crime.
a/ The prior penalty was a fine only — up to $10,000 for a first effensa and up to
520,000 for a second or subsequent offense. Minn. Stat 1617.241, subd. 3 (1986).
Obscenity arrests are so infrequent that incidents Involving possible violations of
section 617.241 are not separately compiled by the Minnesota Bureau of Criminal
Comprehension. See eure3u of Criminal Accrehensien 1987 Minnesota Annual
Reocn on Crime, iss:rq Lhiicren are tturezu er urcminal`Aoorenension Aetmaeq,
•21.
Obscenity, however, should no longer be viewed as a victimless crime.S/ There is
mounting evidence that sexually oriented businesses are, as described earlier in this
report, often associated with increases in crime rates and a decline in the quality of life
of neighborhoods in which they are located. Further, as discussed previously, when
there is no prese=1icn of obscenity, large cash profits make pornographic operations
very attractive to members of organized crime. The Working Group thus believes that
prosecution of obscenity, particularly cases involving children, violence or bestiality,
should assume a higher priority for law enforcement officlais.
In addition, many of the difficulties faced when prosecuting obscenity can be
addressed by adequate training and assistance. In order to prove that material is
obscene, a prosecutor must prove:
() that the average person, applying contemporary community
standards would find that the work, taken as a whole. appeals to the prurient
interest in sex;
() that the work depicts sexual conduct. In a patently offensive
manner; and
(ii) that the work, taken as a whole, lads serious literary, artistic.
political, or scientific value.
Minn. Stat S 617.241, subd. 1(a)(I-ii) (1988). This statutory standard was drawn to be
consistent with constitutional standards set forth In MRS suora.
S/ Two blue ribbon commissions have reached different conclusions regarding the
harmfulness of sexually explicit material to Individuals. A presidential commission
on Obscenity and Pornography concluded in 1970 that there was no evidence of
"social or Individual harms" caused by sexually explicit materials and. therefore.
"federal, state and local legislation prohibiting the sale, exhibition, or distribution of
sexual materials to consulting adults should be repealed.' The Reocrt of the
Comm'n on Obscenity and Pcrrocmohy at 57.8 (Bantam Paperoaex eo. islo).
However, in 1'Shb, the Attorney benetai"S Lommissien on Pornography concluded
that "sexually violent materials ... bear ... a causal relationship to antisocial acts
of sexual violence[and that] the evidence supportsthe conclusion that
substantial exp=osure to [non-violent] degrading material increases the IikelOtood for
an individual [to) ... commit an act of sexual violence or sexual coeraan.' Attorney
General's Ccrrtm'n on Pornography, 1 Final Aeocrt at 326, 333 (1986).
.22.
To be sure, prosecutors face a number of hazards in prosecuting obscenity. They
include inadequate training in this specialized area of law, attempts by defense
attorneys to remove jurors who rind pcmography offensive, the offering into evidence of
polls and surveys through expert testimony to prove tolerant community standards,
efforts to guide jurors with jury instructions favorable to the defense, and
discouragement with unsuccessful prosecutions.
But the hazards can be overcome. Alan E Sears, former executive director of the
U.S. Attorney General's Commission on Pornography has stated:
Prosecutors can successfully obtain obscenity convictions in virtually
any jurisdiction in the United States. In order to obtain a conviction, it is
incumbent upon a prosecutor to prepare well, know the law, not fail into the
"one case syndrome' trap. obtain a representative jury through proper vcir
dire, keep the focus of the trial on the unlawful conduct of the defendant, and
obtain legally sound instructions.
Sears, "How To Lose A Pornography Case,' The CDL Reporter (n.d.).
The Working Group heard tesJmony from prosecutors who have pursued
obscenity cases nationally regarding effective ways to prosecute obscenity cases:
Materials can be bought or rented, rather than seized under warrant. In the absence of
survey data, community standards can be left to the wisdom of the jury. In that case,
experts should be prepared to testify if the defense attempts to make a statistical case
that the material is not obscene. Prosecution of obscenity is also likely to be most
effective If initial prosecutions focus on materials which are patently offensive to the
community, such as those involving children, violence or beastiality.
The experience of other cities has demonstrated that vigorous and sustained
enforcement of obscenity statutes can sharply reduce or virtually eliminate sexually
oriented businesses. Clncinnad. Omaha, Atlanta, Charlotte, Indianapolis and Fort
Lauderdale were cited to the Working Group as examples of cities which have
.23.
successful programs of obscenity presecution.e/ The Working Group encourages
prosecutors to take advantage of increasing training opportunities and other assistance
for obscenity prosecutions and to reassess the desirability of increased enforcement
The Working Group is pleased to nate that county attorneys and taw enforcement
groups in Minnesota have recently held forums and seminars on obscenity law .
enforcement and prosecution. The U.S. Justice Department's National Obscenity
Enforcement Unit offers assistance to local prosecutors, including sample pleadings,
indictments, search warrants, mations, responses and trial memoranda.71.
RECOMMENDATIONS
1. City and county attorneys' offices IA the Twin Cities metropolitan
area should designate a prosecutor to pursue obscenity prosecutions
and support that prosecutor with specialized training.
2. The Legislature ^should consider funding a pilot program to
demonstrate the efficacy of obscenity prosecution and should
encourage the pooling of resources between urban and suburban
prosecuting offices by making such cooperation a condition of receiving
any such grant funds.
6/ Memorandum to Jim Bellus, executive assistant to St. Paul Mayer George Latimer
(prepared by St. Paul Department of Planning and Economic Development) (July 5,
1988); see also Waters, The Squeeze on Sleaze,' Newsweek. Feb. 1, 1988, at 45
("After mare than 10 years of levying heavy fines ano marrests. Atlanta has
won national renown as the city that cleaned up pomegra.
7/ The Address of the National Obscenity Enforcement Unit Is U.S. Justles
Department, 10th i3 Pennsylvania Ave. N.W., Room 2216. Washington, D.C. 20530.
Its telephone number is 202 -SM -5780. Assls=ce is also available from Citizens for
Decency through Law. Inc., 2M E. Camelbaek Rd., Suite 740. Phoenix, AZ 850~8.
It is the publisher of "The Preparation and Trial of an Obscenity Case: A Guide for
the Prosecuting Arcmey.' Its telephone number is 802.381.1322 The National
Obscenity Law Center, another private organization, is located at 475 Riverside
Drive, Suite 23E. New Ycrk, N.Y. 10115. It publishes an Obscenity Law Bulletin and
the "Handbook on the Prosecution of Obscenity Cases.- its ulepnene numeer is
212.870-3218.
•24-
3. The Attorney General should provide Informational resources for
city and county attorneys who prosecute obscenity crimes.
4. Obscenity prosecutions should concentrate on cases that most
flagrantly offend community standards.
II. OTHER LEGAL REMEDIES
A. RICO/FORFEITURE
In addition to traditional criminal prosecutions, use of RICO s',atut:s and criminal
and civil forfeiture actions may also prove to be successful against obscenity offenders.
By attacking the criminal organization and the profits of illegal activity, such anions can
provide a strong disincentive to the establishment and operation of sexually oriented
businesses. For example, the federal government and a number of the twenty-eight
sates which have enacted racketeer influenced and corrupt organization (RICO)
statutes include obscenity offenses as predicate crimes. Generally speaking, to vicrate
a RICO statute, a person must acquire or maintain an interest in or control of an
enterprise, or must conduct the affairs of an enterprise through a "pattern of criminal
activity." That pattern of criminal activity may include obscenity violations, which in tum
can expose violaters to increased fines and penalties as well as forfeiture of all property
acquired or used In the course of a RICO violation. These statutes generally enable
prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may
also be used to obtain injunctive relief to divast repeat offenders of financial interests In
sexually oriented businesses. See 18 U.S.C. 69 1961.68 (West Supp. 1988). RICO
statutes may be particularly effective in dismantling businesses dominated by
organized crime, but they mcy be applied against other targets as well.
The Working Group believes that Minnesota should enact a RICO -tike statute that
would encompass increased penalties for using a"pattem' of criminal obscenity acs
to conduct the affairs of a business entity. Pravisicns authorizing the seizure of assets
for obscenity violations should be considered, but the limitations imposed by the Fust
Amendment must be taken into account.
-25-
It has been argued that a* RICO or forfeiture statute. based on obscenity Crime
violations threatens to "chill protected speecti' because it would permit prosecutors to
seize non -obscene materials from distributors corMi ed of violating the ct:sceniry
statute. American Civil Liberties Union, Pellutine The Censershic Debate: A Summary
And Criticue Of The Final Recert Of The Attomev General's Commission On
Pomcarachv at 116.117 (1926).
However, a narrow majority of the United States Supreme Court recently held that
there is no constitutional bar to a state's inclusion of substantive obscenity violations
among the predicate offenses for its RICO sta=. Saoeenfield v. Indiana. 57 U.S.LW.
4180, 4183-4184 (February 21, 1989). The Court recognized that "any form of criminal
obscenity statute applicable to a bookseller will induce some tendency to
self -censorship and have some inhibitory effect on the dissemination of material not
obscene.' Id. at 4184. But the Court ruled that, "the mere assertion of some possible
self -censorship resulting from a statute is not enough to render an anti -obscenity law
uncansitutionat under our precedent' Id. The Court specifically upheld RICO
provisions which Increase penalties where there is a pattern of multiple violations of
obscenity laws.
However, In a companion case, the Court also invalldated a pretrial seizure of a
bookstore and its contents after only a preliminary finding of "probable cause' to
believe that a RICO violation had occurred. Fort Wavne eccks. Inc. v. Indiana, 57
U.S.LW. 4180, 4184-4185 (February 21, 1989). The Court explained there is a
rebuttable presumption that expressive materials are protected by the First
Amendment. That presumption is not rebutted until the dairned jusaflMdon for seizure
of materials, the elements of a RICO violation, are proved In an adversary proceeding.
Id. at 4185.
The Court did not specifically reach the fundamental ques,(on of whether seizure of
the assets of a sexually oriented business such as a bookstore is censtitutienaliy
permissible once a RICO violation is proved. The Court explained:
[Fler the purposes of disposing of this case, we assume without
deciding that bookstores and their contents are forfeitable pike otlur property
-26-
such as a bank account or yacht) when it is proved that these items are
property actually used in, or derived from, a pattern of violations of the rate's
obscenity laws.
Id. at 4185. The Working Group believes that a RICO statute which provided for seizure
of the contents of a sexually oriented business upon proof of RICO violations would
have the potential to significantly curtail the distribution of obscene materials.
Although Minnesota does not have a RICO statute, it does have a forfeiture statute
permitting the seizure of money and property which are the proceeds of designated
felony offenses. Minn. Stat § 609.5312 (1988). But, this statute does not permit seizure
of property related to commission of the offenses most likely to be associated with
sexually oriented businesses. Obscenity crimes are not among the offenses which
justify forfeiture. Although solicitation or inducement of a person under age 13 (Minn.
Stat § 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution
(Minn. Stat g 609.322, subd. 2) are included among the offenses which could justify
seizure of property, many crimes involving prostitution are outside the reach of the
present Minnesota forfeiture law.
The following crimes are not inciuded among the crimes which can justify seizure
of property and profits: solicitation, inducement, or promotion of a person between the
ages of 13 and 16 to practice prostitution (Minn. Stat § 609.322, subd. 1A); solicitation,
Inducement or promotion of a person 18 years of age or older to practice prostitution
(Minn. Stat § 609.3x2, subd. 3); receiving profit derived from prostitution (Minn. Stat
§ 609.323): owning, operating or managing a "disorderly house,' In which conduct
habitually eomirs In violation of laws pertaining to liquor, gambling, controlled
substances or prostitution (Minn. Stat 1609.33).
Although Its reach would be much more limited, the legislature should also
consider providing for forfeiture of property used to commit an obscenity offense or
which represents the proceeds of obscenity offenses. Under the holding in Fon Wavne
Books. Inc. v. Indiana, such forfeiture could not take place, if at all, untl it was proved
that the underlying obscenity crimes had been committed.
I / -27-
There are no comparable constitutional issues raised by enacting or enforcement
of forfeiture s'.aaaes based on violations of prostitution, gambling, or liquor laws. The
legislature may require sexually oriented businesses which violate these laws to forfeit
their profits. The Working Group believes that such an expansion of forfeiture laws
would give prosecutors greater leverage to control the operation of those businesses
which pose the greatest danger to the community.
RECOMMENDATIONS
t. The legislature should amend the present forfeiture statute to
Include as grounds for forfeiture all felonies and gross misdemeanors
pertaining to solicitation, inducement, promotion or receiving profit from
prostitution and operation of a "disorderly house.'
2. The legislature should consider the potential for a RIC041ke
statute with an obscenity predicate.
B. NUISANCE INJUNCTIONS
Minnesota taw enforcement authorities may obtain an Injunction and dose down
operations when a facility constitutes a public nuisance. A public nuisance exists when
a business repeatedly violates laws pertaining to prostitution, gambling or keeping a
"disorderly house." The Minnesota public nuisance law perrnits a court to order a
building to be dosed for one year. Minn. Stat SS 617.80-.87 (1988).
Nuisance injunctions to close down sexually oriented businesses which repeatedly
violate laws pertaining to prosecution, gambling or disorderly conduct aro potentially
powerful ,regulatory devices. The fact that a building In which prosecution or other
offenses occur houses a sexually oriented business does not shield the facility from
application of nuisance law based on such offenses_ Arcara v, Cloud Books. Inc., 478
U.S. E97, 106 S. CL 3172 (1586) (First Amendment does not shield adult bookstore
/)
-28-
from application of New York State nuisance law designed in part to Case places of
prostitution).
Although the Working Group believes that nuisance injunctions with an obscenity
predicate would be effective in controlling "sexually oriented businesses, such
provisions would probably be unconstitutional under current U.S. Supreme Court
decisions. Six Supreme Court justices joined in the Areara result but two of them —
Justices O'Connor and Stevens — concurred with these words of caution:
If, however, a c.`ty were to use a nuisance smote as a pretext for closing
down a book store because it sold indecent books or because of the
perceived secondary effects of having a purveyor of such books in the
neighborhood, the case would c!earty implicate First Amendment concerns
and require analysis under the appropriate First Amendment standard of
review. Because there is no suggestion in the record or opinion below of
such pretext W use of the New York nuisance provision in this case, 1 concur
in the Court's opinion and judgment
Arcara, supra. 478 U.S. at 708, 106 S. Ct. at 3178.
In an earlier case, Vance v. Universal Amusement 445 U.S. 308, 100 S. CL 1158
(1980), the Court ruled unconstituilenal a Texas public nuisance statute authorizing the
dosing of a building for a year if the building is used "habitual(iyj' for the "commercial
exhibition of obscene material.' Id. at 310 n2, 100 S. CL at 1158 n.2
The Court's recent holdings In Saoeenfle!d and Fort Wavne Books. Inc. give no
indication that the Court would now look more favorably upon an injunction to close
down a facility which sold obscene materials. The Court assumed without deciding
that forfeiture of bookstore assets could be constitutional in a RICO case. But In
making this assumpt;cn, the Court distinguished forfeiture of assets under RICO from a
general restraint on presumptively protected speech. The court approved the
reasoning of the Indiana Supreme Court that, 'The remedy of forfeiture is intended not
to restrain the future distribution of presumptively protected speech but rather tc
disgorge assets acquired through racketeering activity.' Fort Wavne Seeks, Inc, at
4185. The Court assumed that RICO provisions could be upheld on the basis that
•^c9-
"adding obscenity -law violations to the fist of RICO predicate crimes was not a mere
ruse to sidestep the First Amendment' Id. Wiftut the relationship to proceeds of
crime, a remedy which closed a facility for obscenity violations would be far less likely
to withstand constitutional scrutiny.
RECOMMENDATIONS
1. Prosecutors should use the public nuisance statute to enjoin
operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling or operating'a disorderly
house.
111. ZONING
Zoning ordinances can be adopted to regulate the location of sexually oriented
businesses without violating the First Amendment Such ordinances can be designed
to disperse or concentrate sexually oriented businesses, to keep them at designated
distances from specific buildings or areas, such as churches, schools and residential
neighborhoods or to restrict buildings to a single sexually oriented usage. Because
zoning Is an Important regulatory tool when properly enacted, the Working Group
believes a careful explanation of the law and a review of potential problems in drafting
zoning ordinances may be helpful to communities considering zoning to regulate
sexually oriented businesses.
-3a J
A- Suoreme Court Decisions
The U.S. Supreme Court upheld the validity of municipal adult entertainment
zoning regulations in Youna v. American Mini Theaters. Inc., 427 U.S. 50.96 S.CL 2440
(1976), and City. of Renton v. Plavtime Theaters. Inc.. 475 U.S. 41, 106 S.CL 925 (1986).t?/
In Youno, the Court upheld the validity of Detroit ordinances prohibiting the
operation of theaters showing sexually explicit "adult movies' within 1,000 feet of any
two other adult establishments.9/ The ordinances authorized a waiver of the 1,0004cat
restriction if a proposed use would not be contrary to the public interest and/or other
factors were satisfied. Young, supra, 427 U.S. at 54 n.7, 96 S.CL at 2444 n.7. The
ordinances were supported by urban planners and real estate experts who testified that
concentration of adult -type establishments "tends to attract an undesirable quantity
and quality of transients, adversely affects property values, causes an increase in
crime, especially prostitution, and encourages residents and businesses to move
elsewhere.' Id. at 55, 96 S.Ct at 2445. A "myriad' of locations were left available for
adult.establishments outside the forbidden 1,000 -foot distance zone, and no existing
establishments were affected. Id. at 71 n.35, 96 S.CL at 2453 n.35. "
Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a
reasonable regulation of the place where adult films may be shown because (1) there
was a factual basis for the city's conclusion that the ordinance would prevent blight; (2)
the ordinance was directed at preventing "secondary effects' of adult -establishment
concentration rather than protecting citizens from unwanted "offensive' speech; (3) the
ordinance did not greatly restrict access to lawful speech, and (4) "the city must be
allowed a reasonable opportunity to experlmcnt with solutions to admittedly serious
problems.' Id. at 63 n.18, 71 nn.34, 35, 96 S. CL at 2448-49 n.18, 2452.53 nn.34, 35.
J The only reported Minnesota court case reviewing an adult entertainment zoning
ordinance is CRX of St. Paul v. Carlene, 419 N.W.2d 129 (Minn. CL App. 198
(upholding facial constituticnaury or bt. caul ordinance).
9/ The ordinances also prohibited the location of an adult theaters within 5C0 feet of a
residential area, but this provision was Invalidated by the district court and that
decision was not appealed. Youna v. American Mini Theaters. Inc.. 427 U.S. 50, 52
n.2, 96 S.CL 2440, 2444 n.2 (1916j.
.Se
Justice Stevens did net expressly describe the standard he had used, but it was
clear that the plurality would afford non -obscene sexually explicit speech lesser First �)
Amendment protection than ether categories of speech. However, four dissenters and
one concurring justice ccnc!uded that the degree of protection afforded speech by the
First Amendment does not vary with the sodal value ascribed to that speech. In' his
concurring opinion, Justice Powell stated that the four-part test of United States V.
O'Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 1679 (1968), should apply. Powell
explained:
Under that test, a govemmental regulation is sufficienty justified, despite its
incidental impact upon First Amendment interests. "if it is within the
constitutional power of the Govemment; if it furthers an important or
substantial governmental interest; if the governmental interest is unrelated to
the suppression of free expression; and if the incidental restriction on ...
First Amendment freedom is no greater than is essential to the hutherance of
that interest.'
427 U.S. at 79-80,96 S.Ct. at 2457 (c!tation omitted), (Powell, J., concurring).
Perhaps because Justice Stevens' plurality opinion did not offer a clearly
articulated standard of review, post•Young courts often applied the O'Brien test
advocated by Justice Powell In his concurring opinion. Many ordinances regulating
sexually oriented businesses were invalidated under the O'Brien test. See R.M. Stein,
Reauiation of Adult Businesses Through Zoning After Renton, 16 Pac. LJ. 351, 360
(1S87) ("consistently invalidated'); SA Bender, Reculatina Pomocrachv Through
Zoninq: Can We 'Clean Uo' Henciulu? 6 U. Haw. L Rev. 75, 105 (tSSS) (ordinances
upheld in only about half the cases).
Applying Young, the Eighth Circuit Court of Appeals invalidated a zoning ordinance
! adopted by the city of Minneapolis. Alexander v. Citv of Minneaoolis, 68 F.2d 936 (eth
Cir. 1983). In Alexander, the Challenged ordinance had three major restrictions on
j sexually oriented businesses: distancing from specified uses, preverttion of
i concentration and amortization. It prohibited a sexually oriented business from
operating within 500 feet of distr,cts zoned for residential or office -residences, a church,
•32.
state -licensed day care facility and certain public schools. It forbade an adults -only
facility from operating within 500 feet of any other adults -only facility. Finally, the
ordinance requirid existing sexually oriented entertainment establishments to conform
to its provisions by moving to a new location, if necessary, within four year;.
The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too
severe to be upheld under the Young decision. It would have required all five of the
city's sexually oriented theaters and between seven and nine of the qty's ten sexually
oriented bookstores to relocate and would have required these facilities to compete
with another 18 adult -type establishments (saunas, massage parlors and "rap' parlors)
for a maximum of 12 relocation sites. The effective result of enforcing the ordinance
would be a substantial reduction in the number of adult bookstores and theaters, and
no new adult bookstores or theaters would be able to open, the Court conduded.
Alexander, suora. 658 F.2d at 938.
In Renton, sucra, the United States Supreme Court adopted a dearer standard
under which regulation of sexually oriented businesses could be tested and upheld.
The Court upheld an ordinance prohibiting adult movie theaters from locating within
1,000 feet of any residential zone, single- or multiple- family dwelling, church, park or
school.
Justice Rehnquist, writing for a Court majority that Included Justices Stevens and
Powell, stated that the Renton ordinance did not ban adult theaters altogether and that
therefore, it was "properly analyzed as a form of time, place and manner regulation.'
Id, at 46, 106 S.Ct. at 928. When time, place and manner regulations are "content•
neutral' and not enacted "for the purpose of restricting speech on the basis of its
content," they are "acceptable so long as they are designed to serve a substantial
governmental interest and do not unreasonably limit alternative avenues of
communication,' Rehnquist stated. Id. He found the Renton ordinance to be content -
neutral because it was not aimed at the pntent of films shown at adult theaters.
Rather, the city's "credcminnte concerns' were with the secondary effecrs of the
theaters. Id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place or
manner regulation is determined to be content -neutral, "[t)he appropriate inquiry ... is
whether the ... ordinance is designed to serve a substantial governmental interest and
l -33-
allows for reasonable avenues of communication,' Rehnquist wrote for the Court Id. at
50, 106 S.Ct at 930.
The Supreme Court found that Renton's "interest in preserving the quality of urban
life" is a "vital" governmental interest The substantiality of that interest was in no way
diminished by the fact that Renton "relied heavily' an studies of the secondary effer=
of adult entertainment establishments by Seattle and the experiences of other cities,
Rehnquist added. Id. at 51, 106 S.CL at 93031.
The First Amendment does not require a city, before enacting such an
ordinance, to conduct new studies or produce evidence independent of that
already generated by other cities, so long as whatever evidence the cry relies
upon is reasonably believed to be relevant to the problem that the city
addresses. That was the case here. Nor is our holding affected by the fact
that Seattle ultimately chose a different method of adult theater zoning than
that chosen by Renton, since Seattle's choice of a different remedy to
combat the secondary effects of adult theaters does not call hrto question
either Seattle's identification of those secondary effects cr the relevance of
Seattle's experience to Renton. ,
Id, at 51.52, 106 S.Ct at 931.
Rehnquist's inquiry then addressed the means chosen to further Renton's
substantial interest and Inquired into whether the Renton ordinance was sufficiently
"narrowly tailored."
His comments on Renton's means to further Its substanttal interest suggest that
municipalities have a wide latitude in enaaing content -neutral ordinances aimed at the
secondary effects of adult—entertainment establishments. He quoted the Young
plurality for tho proposition that
It Is not cur funct(on to appraise the wisdom of (the city's) decision to require
adult theaters to be separated rather than concentrated In the same
areas. . Mhe city must be allowed a reasonable opportunity to
experiment with solutions to admittedly serious problems.
Id. at 52, 106 S.Ct at 931 (ghtating Young, sutra. 427 U.S. at 71, 66 SA at 2453).
-34-
As to the "narrowly tailored' requirement, Rehnquist found that -the Renton
ordinance only affected theaters producing unwanted secondary effects and, therefore.
was satisfactory. Id.
The second prong of Renton's "time, place, manner' inquiry — the amilabflitq of
altemative avenues of communication — was satisfied by the district courts finding that
520 acres of land, or more than five percent of Renton, were left available for adult -
entertainment uses, even though some of that developed area was already occupied
and the undeveloped land was not available for sale or lease. A majority of the Court
found:
That [adult theater owners] must fend for themselves in the real estate
market, on an equal footing with other prospective purchasers and lessees,
does not give rise to a First Amendment violation.... In our view, the First
Amendment requires only that Renton refrain from effectively denying [adult
theater owners] a reasonable opportunity to open and operate an adult
theater within the city, and the ordinance before us easily meets this
requirement
Id. at 54, 106 S.CL at 932.
8. Standards and Need for Legal Zoning
Unlike Youno, the Renton case spells cut the standards by which zoning of
sexually oriented businesses should be tested. Renton and several lower court
decisions rendered in Its wake suggest that the two most critical areas by which the
ordinances will be Judged are t) whether there is evidence that ordinances were
enacted to address secondary impacts on the community, and 2) whether there are
enough locations still available ter sexually oriented businesses so that =ning Is not
just a pretext to eliminate pornographic speech.10
10/ Of 11 recent post -Renton adult -entertainment zoning decisions by federal courts,
five Invalidated or inances, three upheld ordinances and three ordered a remand
to district court for further proceedings. Zoning ordinances were struck In Avalon
Cinema Corp. v. Thompson. 667 F.2d 659 (8th Cir. 1987)( city council failed t0 aver
(Footnote 10 tuonnnuea on Next Page)
.3g.
This section first describes some of the legal considerations which communities
must keep in mind in drafting zoning ordinances for sexually oriented businesses.
Then, some suggestions are provided, based on evidence reviewed by the Working
Group, of types of zoning which can be enacted to reduce the secondary effecs of
sexually oriented businesses.
1. Documentation to Support Zoninq Ordinances
Sexually oriented speech which is not obscene cannot be restricted on the basis of
its content without running afoul of the First Amendment The justification for regulating
1 sexually oriented businesses is based on proof that the zoning is needed to reduce
secondary effects of the businesses on the community.
Since Renton, a number of adult entertainment zoning ordinances have been
invalidated for failure of the enacting body to document the need for zcning regulations.
Thus, one court invalidated a zoning ordinance because there was "very little, d any,
evidence of the secondary effects of adult books -,ores ... before the City Council ... '
(Footnote 10 Continued from Previous Page)
evidence suggesting neishborheod decline would result); Tullis, Inc. v. San
Bernadino County. 827 F.2d 1329 (9th Cir. 1987) (no evidence presented to
Iegisiatnre beoy or secondary harmful effects); Ebel v. Corona, 767 F.2d 635 (Sth
Cir. 1985) pack of effective alternative locations); 11125 rsaiamore Boulevard. Inc.
v. Prince Georoe's County of Maryland, 684 r. bupp. e84 (u. Mo. Irsd8l
(msumcent evidence or seconoary enecs presented to legislative body; special
excepptlen provisions grant excessive discretionary authority to zoning officials));
and Peoeles_Tacs._Inc. v. Jackson Ccuntv Lecisfature, 636 F. Supp. 1345 (W.0.
Mo. i$d6FRnprcper iegisianve purpose to prevent continued operation of adult -
entertainment establishment). Zoning ordinances were upheld in SDJ. Inc. v. C;tv
of Houston, 837 F.2d 1268 (5th Cir.1988); FW/PBS. Inc. v. Citi of uattas, tl3r k-
ir
(lbtn Lir. 1988); and S & G News. Inc. v. urtY or 5outngqate, tie e.bupp. ICED
(E.O. With. 1586), affd wit^cut euchreneo eoinicn, ii S r.l`d 1142 (6th Cir. 1987).
Remands were creereo in unr sy. v, c,tv Cl- Ann Arbor, 824 F.2d 489 (6th Cir.
1987), cert, denled, U.S. , 1W b. UL 1014 (lydd)(remand for determination
of exce.sive restneticns); intemat!anal Fccd 3 Beveraos Systems v, City of Fort
Lauderdale, 794 F.2d 1520 (11tn ur. 15te) (remand for reconsicerauon in ignt or
enten, sutra; nude bar ordinance), and Walnut Proceniestlne. v, Cit
.y of Whittier,
SUF.23 13 31 (5th Cl -r. 1986) (remanc, in part, ter determutaon or land
availabi ty).
-26-
11125 Baltimcre Boulevard, sucra, 684 F. Supp. at 895; see also Tcllis v. San
Eernacino Ccurty, 827 F.2d 1329, 1233 (9th Cir. 1987) (ordinance ccnstrued to prohibit
single showing of adult mcvie in zcned area: invalidated for failure to present evidence
cf seccrdary effects of single showing); but see Thames Entercrises v. City of St. Louis,
851 F.2d 199, 201-02 (Eth Cr. 19EE) (cbservatons by legislator of secondary effects
sufficient).
On the other hand, it is not necessary for each municipality to conduct research
independent of that already generated by other cities. The Renton court held that
evidence of the need for zoning of sexually oriented businesses can be provided by
studies from other cities "so long as whatever evidence the city relies upon is
reasonably believed to be relevant to the problem that the city addresses.' Id. at 51,
106 S.Ct. at 931. See also SDJ. Inc. v. City of Houston, 837 F.2d 126a, 1274 (5th Cir.
19E8) (public testimony from experts, supporters and opponents and ccnsideraticn of
studies by DetrciL Boston, Dallas and Lcs Angeles sufficient evidence of legitimate
purpose).
The first section cf this report summarizes evidence from various cities
documenting the secondary effects of sexually oriented businesses. 'Following Renton,
it is intended that kcal communities will make use of this evidence in the course of
assembling support for reasonable regulation of sexually oriented businesses.
2. Availability of Locatlons for Sexually Orfented Businesses
Courts also evaluate whether zoning of sexually oriented businesses is merely a
pretext fcr prchibitiCn by reviewing the alternative locations which remain for a sexually
oriented business to cperate under the zoning scheme. A municipality must 'refrain
from effectively denying ... a reasonable opportunity to open and operate' a sexually
oriented business. Renton, supra, 475 U.S. at 54, 106 S. Ct. at 932.
Access may be regarded as unduly restricted if adult entertainment zones are
unreasonably small in area or if the number of locations is unreasonably few. There is
no set amount of land or number cf locations constitutionally required. The Renton
J
,C 37
court found that 520 acres of "accessible real estate,' including land "aiss•crossed by
freeways' — more than five percent of the entire land area in Renton — was sufficient.
475 U.S. at 53, i06 S.Ct at 932. The Young court found the availability of "myriad'
locations sufficient 427 U.S. at 72 n.35, S6 S.Ct at 2453 n.35.
Whether .058 square miles constituting 23 of 1 percent of the land area within the
city's central business zone is sufficient is not dear. See Alexander v. The Citv of
Minneapolis (Alexander 11), No. 3-88.808, slip op. at 22 (D. Minn. May 22. 1989) (less
than 1% of land area could be valid if "ample acakal apportunities' for relocation exist);
Christy v. City of Ann Arbor. 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for at
determination of excessive restriction). See also 11126 Baltimore Boulevard. Inc. v.
Prince Georoe's Countv of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative
locations sufficient); Alexander v. Citv of Minneapolis, 698 F.2d 936, 939 n.7 (8th Cir.
1983) (pre -Renton; 12 relocation sites for at least 28 existing adult establishments not
sufficient).
The sufficiency of sites available for adult entertainment uses may be measured in
relation to a number of factors. See, eo., Alexander II, supra, slip op. at 22.23
(insufficient if relocation site owners refuse to sell or lease); International Food &
Beverage Svstems. Inc.. 794 F.2d 1520, 1526 (11th Cir. 1986) (suggessdng number of
sites should be determined by reference to community needs. Indolence of
establishments in other titles, goals of city plan); Basiardanes v. Citv of Galveston, 682
F.2d 1203, 1209 (5th Cir.1982) (pre -Renton case striking zoning regulation restricting
adult theaters to Industrial areas that were 'largely a patchwork of swamps.
warehouses, and railroad tracks Iaek(irlg) access roads and retail
establishments 1.
However, the fact that land zoned for adult establishments Is already occupied or
not currently for sale or tease will not invalidate a zoning ordinance. Renton, supra 475
U.S. at 53.54, 106 S.Ct at 932; but see, Alexander It, supra, slip op. at 22.23
(reasonable relocation opportunity absent where owners refuse to sell or rent). There is
no requirement that it be economically advantageous for a sexually oriented business
to locate In the areas permitted by taw.
•38•
3. Distance Requirements
Another factor that may be examined by some courts is the distance requirement
established by an adult entertainment zoning ordinance. In SDJ. Inc. v. Houston, 837
F.2d 1283 (5th Cir. 1S88), the Court was asked to invalidate a 750400t distancing
requirement on the ground that the city had not proved that 750 feet as opposed to
some other distance, was necessary to serve the city's interest
The Court found that an adult entertainment zoning ordinance is "sufficiently well
tailored if it effectively promotes the government's sated interest' and declined to
"second-guess' the city council. Houston, supra. 837 F.2d at 1276.
Courts have sustained both requirements that sexually oriented businesses be
located at specified distances from each other, see Young, suora. (upholding distance
requirement of 1000 feet between sexually oriented businesses), and requirements that
sexually oriented businesses be located at fixed distances from other sensitive uses,
see Renton, supra, (upholding distance requirement of 1000 feet between sexually
oriented businesses and residential zones, single -or -multiple family dwellings,
churches, parks or schools).
The Working Grcup heard testimony that when an ordinance establishes distances
between sexually orented uses, an additional regulation may be needed to prevent
operators of these businesses to defeat the intent of the regulation by concentrating
sexually oriented businesses of various types under one roof, as in a sexually oriented
mini -mail. The city of St Paul has adopted an ordinance preventing more than one
adult use (e.g., sexually oriented theater, bookstore, r,:as3age parlor) from locating
within a single building. A similar ordinance was upheld in the North Carolina case of
Hart 8cok Stores. Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. 1979), cert. denied, 447 U.S.
929 (1980).
The experience with multiple -use sexually oriented businesses at the University -
Dale intersection suggests that these businesses have a greater potential for causing
nelghborhecd problems than do single -use sexually oriented businesses. Following
Renton, it Is suggested that lawmakers document the adverse effects which the
I
community seeks to prevent by prohibiting multiple -use businesses before enacting
this type of ordinance.
t �
I
t 4. Recuirinq Existing Businesses to Comolvwith New i ,
Zoning ordinances can require existing sexuallyodented businesses to dose their
• operations provided they do not foreclose the operation of such businesses ih new
1 locations. Under such provisions, an existing business is allowed to remain at its
present location, even though it is a nonconforming use, for a limited period.
The Minnesota Supreme Court has explained the theory this way:
I The theory behind this legislative device is that the useful Ufa of the
nonconforming use corresponds roughly to the amortization period, so that
the owner is not deprived of his property until the end of its useful fife. In
addition, the monopoly position granted during the amortization period
theoretically provides the owner with compensation for the loss of some l
property interest, since the period specified rarely corresponds precisely to
the useful life of any particular structure constituting the nonconforming use.
I Naecele Outdoor Advertising Co. v. Villace of Minnetonka, 162 N,W.2d 206,213 (Minn.
1968).
Such provisions applied to sexually oriented businesses have been said to be
"uniformly upheld." Dumas v. City of Dallas. 648 F. Supp. 1081, 1071 (N.D. Tex 1986),
afrd, FW1P8S. Inc. v, C:tv of Dallas, 837 F.2d 128 (.9th Cir. 1988) (citing =as).
1 As detailed in the first section of this report (pp. 8.15), there are significant
secondary Imparts upon communities related to the location of sexually oriented
! businesses. These Impacts are intensified when sexually oriented businesses are
! located in residential areas or near other sensitive uses and when sexually oriented
businesses are concentrated near each other cr near alcohol oriented businesses. The
JWorking Group believes that evidence from studies such as those described in the first
section of this report and anecdatal evidence from neighborhood residents and police
J
J
1
J
officers should be used to support the need for zoning ordinances which address these
problems.
RECOMMENDATIONS
1. Communities should document findings of adverse
secondary effects of sexually oriented businesses prior to enacJng
zoning regulations to control these uses so that such regulations can be
upheld if challenged in court
2 To reduce the adverse effects of sexually oriented
businesses, communities should adopt zoning regulations to set
distance requirements between sexually oriented businesses and
sensitive uses, Including but not limited to residential areas, schools,
child care facilities, churches and parks.
3. To reduce adverse Impacts tram concentration of sexually
oriented businesses, communities should. adopt zoning 'ordinances
which set distance requirements between liquor establishments and
sexually oriented businesses and between sexually oriented businesses
and should consider restricting sexually oriented businesses to one use
per building.
4. Communities should require existing businesses to comply with
new zoning or other regulation pertaining to sexually oriented
businesses within a reasonable time so that prior uses will conform to
new laws.
IV. LICENSING AND OTHER REGULATIONS
ILicensing and other regulations may also be used to reduce the adverse effects of
sexually oriented businesses. The critical requirements which communities must keep
-4t.
in mind are that regulations must be narrowly rafted to address adverse secondary
effects, they must be reasonably related to reduction of dwe effects and they must be
capable of objective application. If these standards can be met, licensing and other j
regulatory provisions may play an important role in preventing unwanted exposure to
sexually oriented materials and in reducing the crime problems associated with
sexually oriented businesses.
It is dear that failure to act upon a license application for a sexually oriented
1 " = business cannot take the place of regulation. Nfithout justification, denial or failure to
Grant a license is a prior restraint in violation of the Fust Amendment Parkwav Theater
Corporation v. Citv of Minneapolis, No. 716787, slip, op. (Henn. Co. Dist CL. Sept 24,
1975).
An ordinance providing for license revocation of an adult motion picture theater if
the licensee is convicted _of an obscenity offense is also likely to be held
:r unconstitutlonat as a prior restraint of free speech. Alexander v. City of St Paul, 227
! N.W.2d 370 (Minn. 1975). The Alexander court stated:
J [Mhen the city licenses a motion picture theater, it is Ilea -ming an
activity protected by the First Amendment, and as a result the power of the
1 city is more limited than.when the city licenses acJvttles'which do not have
j First Amendment protection, such as the business of selling liquor or minting
a massage parlor.
Id. at 373 (footnote omitted): see also, Cohen v. ON of Dalevme, 695 F. Supp. 1168,
1171 (M.D. Ala. 1988) (past sale of obscene materia) cannot justly revocation of
license).
However, the courts have permitted communities to deny licenses to sexually
oriented businesses if the person seeking a license has been eonviGed of other crimes
which are closely related to the operation of sexually oriented businesses
d In Dumas v. Citv of Dallas, sum the court reviewed a requirement that a Iteeme
Ji applicant net have been convicted of certain uimes within a spedW period. Five of
the enumerated crimes were held to be not sufficiently related to the purpose of the
1
adult entertainment licensing ordinance because the city had made no findings on their
justification. The invalid enumerated offenses were controlled substances act
violations, bribery, robbery, kidnapping and organized criminal adivity. The court
upheld requirements that the licensee not have been convicted of prostitution and sax.
related offenses. Id. at 1074. if a community seeks to require that persons with a
history of other crimes be denied licenses, dear findings must first be made which
justify denial of licenses on that basis.
The Dumas court also invalidated portions of the licensing ordinance permitting the
police chief to deny a license 9 he finds that the applicant "is unable to operate or
manage a sexually oriented business premises in a peaceful and law-abiding manner'
or is not "presently fit to operate a sexually oriented business.' Neither provision
satisfied the constitutional requirement that "any license requirement for an activity
1 related to expression must contain narrow, objective, and definite standards to guide
the licensing authority.' ld. at 1072 See also Alexander II, supra. slip op. at 16
(unconstitutionally vague to define regulated bookstores as those selling "substantial or
j significant portion' of certain publications); 11126 Baltimore Boulevard, supra. 684
F. Supp. at 898.99 (striking ordinance allowing zoning officials to deny permit d adult
entertainment establishment is not "in harmony" with zoning- plan, does not
I "substantially impair' masher plan, does not "adversely affect' heslth. safetyand
welfare and is not "detrimental' to neighborhood because such standards aro "subject
to possible manipulation and arbitrary applicaflonl.
A number of courts have upheld ordinances requiring that viewing booths in adult
theaters be open to discourage illegal and unsanitary sexual activity. See, M. Doe v.
Citv of Minneacelis, 693 F. Supp. 774 (D. Minn.1988).
Ucensing provisions and ordinances forbidding massage parlors employees from
administering massages to persons of the opposite sex have withstood equal
protection and privacy and assedadcnal right challenges. See Camcitt v. City of Ft,
Wayne, 682 F. Supp. 401. 407408 (N.D. Ind. 1988) (equal protection); Wtcoiness, Inc
v. Fruchtman, 482 F. Supp. Eat, 689-90 (S.D. N.Y. 1979), afrel, 628 F.2d 1346 (2d Or.
1980), cert. denied, 449 U.S. 842, 101 S.CL 122 However, some courts have found
same-sex massage regulations to be in vieladen of Tide VII of the Civil Rights Act of
-43-
1964. See Stratton v. Drumm.' 445 F. Supp. 1305. 1310.11 (D. Conn. 1578); Cianciolo
v. Members of City Council, 376 F. Supo. 719, 722.24 (E.D. Tenn. 1974); Jcsech v.
House. 353 F. Supp. 367, 374-75 (E.D. Va.). aff d sub nom. Josech v. Blair, 482 0.2d
575 (4th Cir.), cert. denied. 416 U.S. 955. 94 S. CL 1568 (1974). Contra. Aldred v.
Dulin , 538 F.2d 637 (4th Cir. 1976).
Although the Working Group expressed strong concem about the operation of
prostitution under the guise of massage paricrs. this type of regulation is not advisable
because legitimate therapeutic massage establishments could find their operations
curtailed. Prostitution may be better ccraolled through prosee:.von and use of post-
ccnvictien acions such as forfeiture or enjoining a public nuisance.
In 1985, a court upheld an ordinance making it unlawful to display for cammercal
purposes material "harmful to minors' unless the material is in a sealed wrapper and. if
the cover is harmful to minors, has an opaque cover. Ucoer Midwest Booksellers
Ass'n v. City of Minneaeciis, 780 F.2d 1389 (8th Cir. 1585). last year, the legislature
enacted a sate law similarly prohibiting display of sexually explicit material which is
harmful to minors unless items are kept in sealed wrappers and, where the cover itself
would be harmful to minors, within opaque covers. Minn. Stat § 617.293 (1588). This
law has the potential to protect miners from exposure to sexually oriented materials.
Communities also have considerable discretion to regulate signage so'that the exterior
of sexually oriented businesses does not expose unwitting observers to sexually explicit
messages.
RECOMMENDATIONS
1. Prior to onaeting licensing regulations, communities should
document findings of adverse secondary effects of sexually oriented
businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld If challenged In
court-
-44..
2. Communities should adopt regulations which reduce the
likelihood of criminal activity related to sexually oriented businesses,
including bLt not limited to open booth ordinances and ordinances
which authorize denial or revocation of licenses when the licensee has
committed offenses relevant to the operation of the business.
3. Communities should adopt regulations which reduce
exposure of the community and minors to the blighting appearance of
sexually oriented businesses Including but not limited to regulations of
signage and exterior design of such businesses and should enforce
state law requiring sealed wrappers and opaque covers on sexually
oriented material.
CONCLUSION
There are many ac ions which communities may take within the law to protect
themselves from the adverse secondary effects of sexually oriented businesses.
Prosecution of obscenity crimes can play a vital role in deceasing the profitability of
sexually oriented . businesses and removing materials which violate community
standards from local outlets. Forfeiture and injunction to prevent public nuisance
should be available where sexually oriented businesses are the site of sex-related
crimes and violations of laws pertaining to gambling, liquor or controlled substances.
These actions will remove the most egregious establishments from communities.
Zoning can reduce the likelihood that sexually oriented businesses will lead to
neighborhood blight. Licensing can sever the link between at least some crime figures
and sexually oriented businesses. Regulation and enforcement can protect minors
from exposure to sexually explicit materials.
The Attorney General's working Group on the Regulation of Sexually Oriented
Businesses believes that prosecution, seizure of profits, zoning and regulation of
sexually oriented businesses should only be done in keeping with the constitutional
1 � . -45-
requirements cf the First Amendment Rational regulation can be fashioned to protect
bcth our immunities and cur constitutional rights.
J
J
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Staff Photo by Charloo Siorgen
Prow W -P such as 0113 one gather alts days a week to protest the presence of a sex-orlesillid boakstan, in Suburban Ramsay,
Suburbs scramble to limit sex shops
Cities like Ramsey shocked to learn that sex sells in the suburbs, toc
E Pat by drawing up zoning coda that
arras. while it drift its ordinance.
frW otter restrict their location,
For months now, prayer groups&-veral cities arc now scrram lifinsto
He"use such businesses are David Cross, an oWtuat
Protected by constitutional Minneapolis city attorney who h4
have Ipthered six days a week r6tnci such businaus. just in case
guarantees. C111c, cannut just close, represented the city irslegal
outside the sex-ionented bookstore any should try to open.
in Ramsey and prayed for at to go
them. Using zoning ordinanecs to challenges to its tex-oriented zona
�ccp them away from ordinance, sa)i that %abortion
away. So lbr they tva.en% had any **We certainly didn't want to be in a
'a
uses — as 90� CMMCM3 h3VC been MMISS it)
more luck than hate city offloals, situation like (Ramtry's)," said
(3mtufjblc*
Champlin, Anoka. Osseo and not facing facissooner, e1=121IN
who were rebuked when they asked Kan UJnch, city administrator lbr
Andoler b3,c done in recent after efibns to restrict the
judge to order it to so away. Champlin, The city. 5 miles west of
months — appcjTs to be the only dissemination o(parnogrephy
Ramboy, has no tc%.onented
-Iscy's predicament NIS bu5mases..But a few months ago it
Iqlal recourse, failed in the Carly 19801.
,�..,J,dcd a lesson for other adopted an ordinance that rcstnt:15
Frid IC, and Bruokl)n Part arc "They chose to turn their heads -i
than cities, whom offictals the distance that such bitunc%ta
working on Ordfriankcs. and Elk ipuri stand say it t3n't happen
have seldom thought to block the muss be from churches, schools,
Ri%cr has instituted a moratonum
anivallaftex-onentcd busincssez day-care centers and residential
on such busincsW3 for 48 months Store continued on page 68
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• 91.-
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I
EXHIBIT B
ORDINANCE AMENDMENT NO.
ZONING ORDINANCE AMENDMENTS
RELATING TO THE DEFINITION OF ADULT USES
AND GENERAL PROVISIONS FOR ADULT USES
The Monticello City Council does hereby ordain the following:
I. DEFINITIONS
Section 2-2 of Chapter 2 of the Monticello Zoning Ordinance to
be amended by adding the following definitions as [AD], (AE],
and [AF] and shifting the lettering system of all definitions
following these additional definitions:
[AD] ADULT USES: Adult uses include adult bookstores, adult motion
picture theatres, adult mini -motion picture theatres, adult
massage parlors, adult steamroom/bathhouse/sauna facilities,
adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, establishments,
businesses, or places open to some or all members of the
public, at or in which there is an emphasis on the
presentation, display, depiction, or description of "specified
sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities
classified as obscene as defined by Minnesota Statute 9617.241
are not included.
Specified Anatomical Areas:
A. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast(s) below a point immediately above the top
of the areola; and
B. Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
Specified Sexual Activities:
A. Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral -anal copulation,
bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of
excretory functions in the context of sexual
relationship, and any of the following sexually -
oriented acts or conduct: anilingus, buggery,
ADULTUSE.AMD: 1/3/92
Page 1
coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, p iquerism,
sapphism, zooerasty.
B. Clearly depicted human genitals in the state of
sexual stimulation, arousal, or tumescence.
C. Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation.
D. Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast.
E. Situations involving a person or persons, any of
whom are nude, clad in undergarments, or in
sexually revealing costumes; and who are engaged in
activities involving the flagellation, torture,
fettering, binding, or other physical restraint of
any such persons.
F. Erotic or lewd touching, fondling, or other
sexual ly-o riented contact with an animal by a human
being.
G. Human excretion, urination, menstruation, vaginal,
or anal irrigation.
(AE) ADULT USE / ACCESSORY: The offering of goods and/or services
which are classified as adult uses on a limited scale and
which are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such items
include adult magazines, adult movies, adult novelties, and
the like.
(AF) ADULT USE / PRINCIPAL: The offering of goods and/or services
which are classified as adult uses as a primary or sole
activity of a business or establishment and include, but are
not limited to, the following:
A. Adult Use Body Painting Studio - An establishment
or business which provides the service of applying
paint or other substance, whether transparent or
non -transparent, to or on the body of a patron when
such body is wholly or partially nude in terms of
"specified anatomical areas."
Adult Use Bookstore - A building or portion of a
building used for the barter, rental, or sale of
items consisting of printed matter, pictures,
slides, records, audio tape, videotape, or motion
picture film if such building or portion of a
building is not open to the public generally but
only to one or more classes of tho public excluding
any minor by reason of ago, or if a substantial or 1
significant portion of such items are distinguished
ADULTUSE.AMD: 1/3/92 Page 2
c
or characterized by an emphasis on the depiction or
description of "specified sexual activities" or
"specified anatomical areas."
C. Adult Use Cabaret - A building or portion of a
building used for providing dancing or other live
entertainment, if such building or portion of a
building excludes minors by virtue of age, or if
such dancing or other live entertainment is
distinguished or characterized by an emphasis on
the presentation, display, depiction, or
description of "specified sexual activities" or
"specified anatomical areas."
D. Adult Use Companionship Establishment - A
companionship establishment which excludes minors
by reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion between an employee of the establishment
and a customer, if such service is distinguised or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
E. Adult Use Conversation/Rap Parlor - A
conversation/ rap parlor which excludes minors by
reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
F. Adult Use Health/Sport Club - A health/sport club
which excludes minors by reason of age, or if such
club is distinguished or characterized by an
emphasis on "specified sexual activities" or
"specified anatomical areas."
G. Adult Use Hotel/Motel - Adult hotel/metol means a
hotel or motel from which minors are specifically
excluded from patronage and wherein material is
presented which is distinguished or characterized
by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or
"specified anatomical areas."
H. Adult Use Massage Parlor/Health Club - A massage
parlor or health club which restricts minors by
reason of age, and which provides the services of
massage, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
ADULTUSE.AMD: 1/3/92
Pago 3
Adult Use Mini -Motion Picture Theatre - A building
or portion of a building with a capacity for less
than fifty (50) persons used for presenting
material if such building or portion of a building
as a prevailing practice excludes minors by virtue
of age, or if such material is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Use Modeling Studio - An establishment whose
major business is the provision to customers of
figure models who are so provided with the intent
of providing sexual stimulation or sexual
gratification to such customers and who engage in
"specified sexual activities" or display "specified
anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such
customers.
Adult Use Motion Picture Arcade - Any place to
which the public is permitted or invited wherein
coin or slug -operated or electronically,
electrically, or mechanically controlled or
operated still or motion picture machines,
projectors, or other image -producing devices are
maintained to show images to five or fewer persons
per machine at any one time, and where the images
so displayed are distinguished or characterized by
an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas."
Adult Use Motion Picture Theatre - A building or
portion of a building with a capacity of fifty (50)
or more persons used for presenting material if
such building or portion of a building as a
prevailing practice excludes minors by virtue of
age, or if such material is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
M. Adult Use Novelty Business - A business which has,
as a principal activity, the sale of devices which
stimulate human genitals or devices which are
designed for sexual stimulation.
N. Adult Sauna - A sauna which excludes minors by
reason of age, or which provides a steam bath or
heat bathing room used for the purpose of bathing,
relaxation, or reducing; utilizing steam or hot air
as a cleaning, relaxing, or reducing agent, if the
J
ADULTUS E,AMD: 1/3/92 Page 4
service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
0. Adult Steam ROOM/Bathhouse Facility - A building or
portion of a building used for providing a steam
bath or heat bathing room used for the purpose of
pleasure, bathing, relaxation, or reducing;
utilizing steam or hot air as a cleaning, relaxing,
or reducing agent, if such building or portion of a
building restricts minors by reason of age or if
the service provided by the steam room/bathhouse
facility is distinguished or characterized by an
emphasis on "specified sexual activities" or
"specified anatomical areas."
II. GENERAL PROVISIONS
Chapter 3 of the Monticello Zoning Ordinance shall be amended
as follows:
Add section 3-10: ADULT USES.
(A] PURPOSE: The purpose of Section 3-10: Adult Uses is to
provide the opportunity for operation and establishment
of adult land uses while providing controls that limit
negative impacts of adult uses on residential and
commercial areas.
[B] GENERAL: Adult use as defined in this ordinance shall be
subject to the following general provisions:
1. Activities classified as obscene as defined by
Minnesota Statute 617.241 are not permitted and are
prohibited.
2. Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is
also utilized for residential purposes.
3. An adult use which does not qualify as an accessory
use shall be classified as an adult use/principal.
Zoning Controls and District Text Application:
a. So as to provide specific opportunity for
adult uses to exist within the city of
Monticello, an analysis of the existing city
ordinance text and map has boon conducted. It
was determined that the I-2 zoned districts
provided the most appropriate zones to
accommodate adult uses classified as principal
activity. Only amendments to the I-2 text
ADULTUSE.AMD: 1/3/92
Pago 5
are, therefore, proposed to accommodate adult
uses/principal. Principal adult uses are
permitted only in the I-2 zoned districts.
b. Table 1, as follows, provides an initial basis
for determining adult principal use
opportunity within the city of Monticello.
The I-2 zoned distri:ts have been first
evaluated as to area as related to the balance
of the city (Table 1) and secondly, the
allowed opportunity area as related to the
size of the I-2 zoned property (Table 2).
TABLE 1
CITY OF MONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
Total• I-2• Percent
Developable Zoned of
Acres Acres City
2,511 137 5%
• Area calculations do not include
undevelopable property owned by NSP, City,
Golf Club, School District.
TABLE 2
CITY OF MONTICELLO
PROPOSED ZONING DISTRICTS
ALLOWING ADULT USE/PRINCIPAL
I-2 Percent
Separation Zoned Acres of City
700 feet 59 2.35%
In gone ral terms, the I-2 zoned districts provide
adequate potential for adult uses. Adult uses are
restricted to the I-2 zoned districts.
[C) ADULT USE / PRINCIPAL:
1. Adult use/principal activities shall be located at
least seven hundred (700) radial feet, as measured
in ® straight lino from the building upon which the
adult use/principal is located to the property line
of the following:
ADULTUSE.AMD: 1/3/92 Page 6
ADULTUSE.AMD: 1/3/92 page 7
a. Residentially zoned property.
b. Agricultural land located in the neighboring
township or in the city that is designated in
the comprehensive plan for residential use.
C. A licensed day care center.
d. A public or private educational facility
classified as an elementary, middle, junior
high, or senior high school.
e. A public library.
f. A public park.
g. A church.
h. Amusement places such as roller rinks, dance
halls, and bowling alleys.
I. Liquor sales.
2.
Adult use/principal activities shall be located at
least four hundred (400) radial feet apart as
measured from one another.
3.
Adult use/principal activity is a separate use and
r
no two adult use/principal activities shall be
located in the same building or upon the same
property and each use shall be subject to the
above.
4.
Adult use/principal activities shall adhere to the
following signing regulations:
a. Sign messages shall be generic in nature and
shall only identify the type of business which
is being conducted.
b. sign messages shall not contain material
classified as advertising.
C. Sign messages shall comply with the
requiremonts of size and number for the
district in which they are located.
5.
Adult use/principal activities shall be prohibited
in establishments where liquor is served.
6.
Adult use/principal activities shall be prohibited
at any place or event where minors are permitted.
C
ADULTUSE.AMD: 1/3/92 page 7
(D) ADULT USE / ACCESSORY:
1 Adult use/accessory activities are permitted only 1
in the B-3 or B-4 zoned districts. J
2 Adult use/accessory activities shall comprise no
more than ten ( 10 ) percent of the floor area of the
establishment in which it is located.
3. Adult use/accessory activities shall be restricted
and prohibited from access to minors by the
physical separation of such items from areas of
general public access:
a. Movie Rentals. Display areas shall be
restricted from general view and shall be
located within a separate room, the access of
which is in clear view and under the control
of the persons responsible for the operation.
b. Magazines. Publications classified or
qualifying as adult uses shall be covered with
a wrapper or other means to prevent display of
any material other than the publication title.
C. Other Use. Adult use/accessory activities not
specifically cited shall comply with the
intent of this section subject to the approval
of the Zoning Administrator. 1
4. Adult use/accessory activities shall be prohibited
from both internal and external advertising and
signing of adult materials and products.
S. Adult use/accessory activities shall be prohibited
in establishments where liquor is served.
6. Adult use/accossory activities shall be prohibited
at any public show, movie, caravan, c arcus,
carnival, theatrical, or other performance or
exhibition prosented to the general public where
minors are admitted.
III. "B-3" HIGHWAY BUSINESS DISTRICT
Section 3 of Chapter 13 of the Monticello Zoning Ordinance to
be amended by adding the following:
[B) Adult Use/ACCessory
J
ADULTUSE.AMD: 1/3/92 Page B
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IV. "I-2" HEAVY INDUSTRIAL DISTRICT
Section 2 of Chapter 16 of the Monticello Zoning Ordinance to
be amended by adding the following:
(E) Adult Use/Principal
Adopted by the Council this day of , 19_
Rick Wolfsteller
City Administrator
ADULTUSE.AMD: 1/7/92
Ken Maus, Mayor
Page 9
EXHIBIT D
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 3 OF THE
MONTICELLO CITY ORDINANCE RELATING TO BUSINESS REGULATIONS BE
AMENDED BY ADDING THE FOLLOWING CHAPTER:
CHAPTER 13
LICENSING OF ADULT USE BUSINESSESES
SECTION:
3-13-1: License Requirements
3-13-1: LICENSE REQUIREMENTS:
(A) No person, firm, partnership, or corporation shall operate an
adult use, either principal or accessory, without having first
secured a license as hereinafter provided. Licenses shall be
one of two types:
1. Adult Use/Accessory
2. Adult Use/Principal
(B) Application: In addition to such information the City Council
may require, the application shall also include:
1. If the applicant is an individual, the name, residence,
phone number, and birthdate of the applicant. If the
applicant is a partnership, the name, residence, phone
number, and birthdate of each general and limited
partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates of all those
persons holding more then five (5) percent of the issued
and outstanding stock of the corporation.
2. The name, address, phone number, and birthdate of the
manager of such operation, if different from the ownors.
3. The promises where the adult use is to be located within
the entire building.
4. A statement detailing any felony convictions by the
applicant and whether or not the applicant has over
applied for or hold a license to operate a similar type
of business in other communities. In the case of a
corporation, a statement detailing any felony convictions
by the owners of more than five (5) percent of the issued
and outstanding stock of the corporation, and whether or
Ordinance Amendment No.
Page 2
not those owners have ever applied for or held a license
to operate a similar type of business in other
communities.
5. The activities and types of business to be conducted.
6. The hours of operation.
7. The provisions made to restrict access by minors.
8. A building plan of the premises detailing all internal
operations and activities.
(C) License Fees:
1. Each application for a license shall be submitted to the
City Administrator and payment made to the City of
Monticello. Each application for a license shall be
accompanied by payment in full of the required fee for
the license. All fees shall be paid into the general
fund. Upon rejection of any application for a license,
the City of Monticello shall refund the amount paid
except for that cost to investigate the applicant.
2. All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of
one (1) year, except that if a portion of the license
year has elapsed when the application is made, a license
may be issued for the remainder of the year for a prorate
fee. in computing such fee, any unexpired fraction of a
month shall be counted as one (1) month.
3. The annual fee for an adult use/accessory license shall
be $50. The annual fee for an adult use/principal
license shall be $250.
4. No part of the fee paid by any license issued under this
ordinance shall be refunded except in the following
instances upon application to the City Administrator
within thirty (30) days from the happening of the event.
There shall be refunded a prorate portion of the fee for
the unexpired period of the license, computed on a
monthly basis, when operation of the licensed business
ceases no less than one (1) month before expiration of
the license because of:
a. Destruction or damage of the licensed premises by
faro or other catastrophe.
Ordinance Amendment No.
Page 3
b. If the licensee is an individual, the licensee's
disabling illness. If the licensee is a
partnership, the disabling illness of any general
partner. If the licensee is a corporation, the
disabling illness of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
C. If the licensee is an individual, the licensee's
death. If the licensee is a partnership, the death
of any general partner. If the licensee is a
corporation, the death of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
d. A change in the legal status making it unlawful for
the licensed business to continue.
(D) Grantinq of License:
1. The city Council shall investigate all facts set out in
the application and hold a public hearing within forty-
five (45) days after the City Administrator receives the
application. opportunity shall be given to any person to
be heard for or against the granting of the license.
After such investigation and administrative hearing, the
City Council shall grant or refuse the application. The
City shall grant or refuse the application within forty-
five (45) days after the public hearing has closed.
2. Each license shall he issued to the applicant only and
shall not be transferable to another holder. Each
license shall be issued only for the promises described
in the application. No license may be transferred to
another premise without the approval of the City Council.
If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the
partnership or corporation shall be deemed a transfer of
the license. All adult uses existing at the time of the
ordinance adoption shall be required to obtain an annual
license.
(E) Persons Inolioiblo for License:
No license shall be granted to or held by any person:
Under twenty-one (21) years of age.
ordinance Amendment No.
Page 4
2. Who has been convicted of any felony.
3. Who is not the proprietor of the establishment for which
the license is issued.
(F) Places Ineli4ible for License:
No license shall be granted for adult uses on any
premises where a licensee has been convicted of a
violation of this chapter, or where any license hereunder
has been revoked for cause, until one (1) year has
elapsed after such conviction or revocation.
2. Except for uses lawfully existing at the time of this
ordinance adoption, no license shall be granted for any
adult use which is not in compliance with the City's
zoning regulations.
(G) Conditions of License:
1. Every license shall be granted subject to the conditions
in the following subdivisions and all other provisions of
this chapter, and of any applicable sections of the Code
of the City of Monticello or state law.
2. All licensed premises shall have the license posted in a
conspicuous place at all times.
In the case of an adult use/principal, no minor shall be
permitted on the licensed promises unless accompanied by
his/her parent or legal guardian.
Any designated inspection officer of the City of
Monticello shall have the unqualified right to enter,
inspect, and search the premises of a licensee during
business hours.
S. Every licensee shall be responsible for the conduct of
his/her place of business and shall maintain conditions
of order.
(H) Penalty:
Any person violating any provision of this ordinance is
guilty of a misdemeanor and upon conviction shall be
punished not more than the maximum penalty for a
misdemeanor as prescribed state law.
Ordinance Amendment No.
Page 5
2. Any violation of this ordinance shall be a basis for the
suspension or revocation of any license granted
hereunder. In the event that the City Council proposes
to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed
revocation or suspension. The Council shall hold a
public hearing for the purpose of determining whether to
revoke or suspend the license, which public hearing shall
be within forty-five (45) days of the date of the notice.
The City Council shall determine whether to suspend or
revoke the license within forty-five (45) days after the
close of the hearing and shall notify the licensee of its
decision within that forty-five (45) day period.
(I) Riqht of Appeal: Any applicant whose application for an adult
use license is denied, or any licensee whose license is
revoked or suspended, may appeal sucn denial, revocation, or
suspension to the District Court of the County of Wright
within 30 days after the denial, revocation, or suspension of
such license.
Adopted this day of , 1991.
Mayor
City Administrator
J
EXHIBIT E
RESOLUTION 92 -
RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS
SUPPORTING ESTABLISHMENT OF REGULATIONS
GOVERNING ADULT LAND USES
CITY OF MONTICELLO
ADULT LAND USES STUDY
WHEREAS, on January 14, 1991, the City Council for the City of
Monticello established an interim ordinance imposing a moratorium
on adult-oriented land uses on certain property located within the
city of Monticello; and,
WHEREAS, the Planning Commission has reviewed the staff's report on
various adult land use regulatory schemes and legal considerations
related to adult entertainment land use restrictiuns; and,
WHEREAS, the Planning Commission held a public hearing on the
matter on April 2, 1991, and on December 3, 1991, to consider the
matter and to receive public input on the issues; and,
WHEREAS, the Planning Commission has considered all of the
documentary evidence presented to it by staff through the public
hearings upon which it bases the following findings and
conclusions:
FINDINGS:
The community goals identified in the Comprehensive Plan
of the City of Monticello include encouraging steady,
careful growth by maintaining reasonably high standards;
to utilize the inherent advantages of the community in
terms of location, existing population, school system,
available land, etc., to gain the best possible advantage
from these assets so as to develop a reputation as a
community combining all the desirable elements for living
in Minnesota; to develop urban land uses according to a
set of uniform standards applicable to the City. Such
standards should govern land use, public improvements,
health conditions, safety features, aesthetic
considerations, and other elements of the urban
environment for purposes of safeguarding the public
health, safety, convonionce, and general welfare; to
develop a sound and broad tax base for the City and the
school district in order to provide revenue for adequate
public facilities and services without creating undue
burdens upon property owners.
As expressed in Minnesota Statutes, Section 617.291, it
is the declared policy of this state to prevent
commercial exposure of minors to sexually provocative
ADULTSTD.RES: 1/3/92 Page 1
written, photographic, printed, sound, or published
materials as defined therein which are deemed harmful to
minors.
3. Adult land uses have an impact on the neighborhoods
surrounding them which is distinct from the impact caused
by other commercial uses, this fact substantiated by
studies conducted in other cities possessing
characteristics similar to characteristics possessed by
the city of Monticello.
4. Residential and commercial neighborhoods located within
close proximity to adult theaters, bookstores, and other
adult land uses experience increased crime rates (sex
related crimes in particular), lowered property values,
increased transiency, and decreased stability of
ownership.
5. The adverse impacts which an adult land use has on
surrounding areas diminishes as the distance from the
adult land use increases.
6. Studies of other cities have shown that among the crimes
which tend to increase either within or in the near
vicinity of adult entertainment uses are rapes,
prostitution, child molestation, indecent exposure, and
other lewd and lascivious behavior.
7. The City of Phoenix Study confirmed that the sex crime
rate was on an average six times higher in areas with at
least one adult entertainment use as it was within
comparable areas of their city without such adult uses.
8. Studies of other cities have shown that the values of
both commercial and residential properties either are
diminished or fail to appreciate in value at the rate of
other comparable properties when located in proximity to
adult entertainment uses.
9. The adverse impact of adult uses on commercial areas is
increased by the presence of more than one adult
entertainment use in close proximity to another such use.
10. The number and rate of real estate listings increases in
areas in which adult entertainment uses are located.
11. The Indianapolis study established that professional real
estate appraisers believe that an adult bookstore would
have a negative effect on the value of both residential
and commercial properties within a one to three block
area of the store.
12. Many members of the public perceive areas within which
adult entertainment uses are located as less safe than
other areas which do not have such uses.
ADULTSTD.RES: 1/3/92 Pago 2
C
13. The cities whose adult entertainment use reports have
been considered in these proceedings have strip
commercial development patterns and other commercial
neighborhood characteristics analogous to those found or
developing in the city of Monticello.
CONCLUSIONS:
1. The impacts which adult entertainment uses have on
surrounding areas should be addressed through a distinct
set of land use regulations directed specifically at such
adult entertainment uses.
2. Adult entertainment land uses should not be located in
close proximity to buildings or facilities where children
are the dominant clientele or patrons of the service,
product, or facility usage offered by such building or
facility.
3. The existing land use regulations of the City of
Monticello inadequately address the unique impacts which
adult entertainment uses have on surrounding
neighborhoods and fail to adequately foster the community
goals declared in the comprehensive plan and in state
law.
4. Adult entertainment uses should be located in areas of
the city which are not in close proximity to commercial
areas, residential areas, churches, parks, and schools.
5. Regardless of whether adult entertainment uses have
currently had an adverse impact on the areas surrounding
them in this city, the experience of other cities, as
documented in the studies considered, confirms that
regulation of adult entertainment uses is essential to
prevent future deterioration of surrounding neighborhoods
and adverse social impacts associated with such uses.
6. The concerns which have prompted public hearings in this
city are similar to the concerns which motivated the
communities of Indianapolis, Indiana; St. Paul,
Minnesota; Phoenix, Arizona; Seattle, Washington;
Rochester, Buffalo, Big Lake, and Champlin, Minnesota, to
undertake their studies of adult entertainment uses;
consequently, the results of those studios are relevant
to the existing or foreseeable impacts which such uses
can have on the areas surrounding them in this city.
7. The concentration of adult entertainment uses in
commercial aroas or the location of adult entertainment
uses in close proximity to reuidential uses, churches,
parks, and schools will result in devaluation of property
values and decreases in commercial business sales,
ADULTSTD.RES: 1/3/92
Page 3
thereby reducing tax revenues to the city and adversely
impacting the economic well-being of the citizens of this
city.
8. Location of adult entertainment uses in proximity to
residential uses, churches, parks, schools, bars, and
other adult entertainment uses very likely would lead to
increased levels of criminal activities, including
prostitution, rape, assaults, and other sex-related
crimes in the vicinity of such adult entertainment uses.
Regulation of adult entertainment uses is essential to
ensure that family values and youth values in the city of
Monticello are protected and provided a physical
environment in which to develop in a healthy and
wholesome manner.
10. Adult entertainment uses should be located in the heavy
industrial (I-2) zoning district and at least 700 feet
away from any of the following zoning districts and/or
land uses.
- Existing residential zoning district or land designated
in the comprehensive plan as a future residential
zoning district.
- Public or private park or recreation facility.
- Church
- Day care facility
- School property
- Liquor sales
11. Based on the findings and conclusions outlined above, the
City of Monticello Planning Commission does hereby
recommend adoption of regulations governing adult land
uses, which is attached and incorporated herein.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF
MONTICELLO THIS DAY OF , 1992.
Chairperson
ATTEST:
J
ADULTSTD.RES: 1/3/92 Page 4
TAFC
EXHIBIT F
Northwest Associated Consult ants, Inc.
U R 8 A N PLANNING- D E S I G N• MARKET R E S E A A C M
PLANNING REPORT
TO:
Jeff O'Neill
FROM:
Allan Hunting/Stephen Grittman
DATE:
11 December 1991
RE:
Monticello - Adult Use
FILE N0:
191.07 - 91.04
Our office has conducted a review of the Monticello Adult Use
Ordinance and licensing provisions with regard to the primary
issues which have confronted other cities during their ordinance
review process. This report will identify the issues confronted
by other cities and comment on Monticello's approach to these
issues and the impacts of those choices.
ANALYSIS
The primary issues to be addressed in the ordinance and licensing
section include:
1. The City must provide a reasonable opportunity area for
adult uses.
2. The zoning districts in which adult use -principal and
accessory will be allowed.
3. Which land uses to protect from the secondary impacts of
adult uses.
4. An appropriate spacing requirement between protected uses
and adult uses.
5. Whether to license adult use -accessory.
q' Uses 1-4 are all interrelated in that they establish the
opportunity area for adult use -principal and accessory to operate
in Monticello.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park. MN 55416 • (612) 595-9636•Fax. 595-9837
The decision of which zoning districts to allow adult use differs
from city to city. Factors influencing the decision include:
amount of commercial and industrial zoned land, existing
development patterns, existing adult uses.
Monticello has opted to provide adult use -principal in the I-2
district only. Monticello appears to have ample I-2 land,
however, the City must be careful as it may be argued that
industrial zoning does not provide for viable commercial
opportunities. This exact argument is being tested in the
courts currently between the City of Ramsey and an existing adult
use establishment. Other cities our office has worked with
drafting ordinances have chosen to zone both commercial and
industrial and only industrial for adult uses. The City Attorney
should review carefully this zoning decision and comment to the
City on its legal ramifications.
The land uses chosen to be protected from the secondary impacts
has been typically the same list in all communities. The primary
thrust is to protect residential uses and uses where there is a
concentration of children and minors. Upon reviewing the City's
list of protected uses, Monticello may, however, choose to
separate adult uses from liquor establishments. This has been
used in other cities to further protect neighborhoods from the
secondary impacts.
The required spacing between adult uses and protected uses varies
from city to city due mostly to the actual size of the City. It
is recommended to provide spacing as large as possible within
the confines of allowing a reasonable opportunity area. Many
ordinances our office reviewed had spacing requirements of 1,000
feet and even has high as a quarter mile. visual review of the
zoning map suggests that the 700 foot proposed spacing is
sufficient, however, it could be increased if there is still
sufficient opportunity area.
The licensing requirements of adult uses have been pretty
standard among the ordinances our office has reviewed and
created. The primary issue is whether to license adult use -
accessory or not. Some cities have chosen to license, while
others have not. Some cities have opted not to license accessory
use because it would involve licensing any store which sells
Playboy, Penthouse, etc., as part of its selection of magazines.
These stores would include most convenience stores, food/gas
stations, video stores and drug stores. Since the sale of these
magazines is not the primary use of the stores, some cities have
chosen not to require adult use -accessory licensing.
J
To provide further background for the City to determine the
negative effects of sexually oriented businesses, the city should
be provided with and cite as the basis for regulation, the
following documents: Report of Actornev General's working Group
on the Regulation of Sexual}v O riented Businesses and the
Rochester/Olmsted Countv planning Department Adult Entertainment
Research Report.
The Supreme Court has determined that a City need not conduct its
own investigation on secondary effects, but may rely on the
existing studies done by other cities as the basis for
establishing its own ordinance. It is in this regard that the
City Council be provided with copies of the previously mentioned
documents to read and put into the record as the basis for the
need to regulate the secondary effects of adult uses.
The Monticello Ordinance appears to address the primary issues
regarding adult uses. The City needs to be aware that allowing
adult use principal only in industrial zoning may be later
challenged and that the City Attorney needs to review the
urdinance and advise the City accordingly.
C
FACNNorthwest Associated Consultants, Inc.
U R a A N PLANNING • DESIGN -MARKET RESEARCH )
b9MORANDUM
TO: Jeff O'Neill
FROM: Allan Hunting/Stephen Grittman
DATE: 31 December 1991
RE: Monticello - Zoning Revision -.Adult Use
FILE NO: 191.07 - 91.04
Upon review of the presented Adult Use Ordinance, the City, while
making its decision on passage of this ordinance, must be
provided with the background work which follows the Supreme Court J
decisions, =no V. American Mini Theatres. 06 S. Ct. 2440
(1976), and City of Renton V. Playtime Theatree. 106 S. Ct. 925
(1986) which upholds the validity of this zoning and licensing
amendment. Two documents, Report of Attorney General's working
r_rrnin nn rhP Raaulation of Sexually Oriented Businesses and the
Research Report, both of which are being submitted to the City,
provide a summary of the studies done by other cities on this
subject to determine the negative effects caused by sexually
oriented businesses. It is from these studies that have
determined the negative effects these businesses have on the
neighborhoods in which they are located and form the basis that
cities can regulate the secondary effects of sexually oriented
businesses.
A summary of the foundation for the basis of regulating secondary
effects are formed as the following:
a) A considerable number of communities throughout the nation
have studied the impacts which sexually oriented businesses
have on the areas surrounding them.
b) These studies have concluded that sexually oriented
businesses have an adverse impact on the surrounding
neighborhoods.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595.9636•Fax. 595-9837
c) Residential neighborhoods in proximity to sexually oriented
businesses suffer adverse effects including increased crime
rates, lowered property values, and increased transiency_
d) Values of both commercial and residential properties are
diminished when located in proximity to adult entertainment
business es.
e) The adverse impact on commercial areas is increased by the
presence of more than one sexually oriented business in
close proximity to another sexually oriented business.
f) The impact which a sexually oriented business has on the
surrounding area appears to lessen as the distance from the
sexually oriented business increases.
g) Reasonakole "time, place and manner" restrictions which
address the "secondary" impacts of sexually oriented
businesses are constitutionally permissible.
h) Any proposed regulation must be essentially "content
neutral " . The First amendment prohibits regulations which
attempt to regulate written or other expressive materials or
acts on the basis of their content.
i) Obscene materials are exempt from the protections of the
First Amendment and can be regulated through existing or
pending criminal laws.
Since it has been determined that residential areas near sexually
oriented businesses have higher crime rates and lower property
values, this then allows the City to set limits as to the
proximity of sexually oriented establishments to residential
areas, schools, churches. Regulating distance between adult uses
limits the increased crime associated with conglomeration of
adult uses.
The Supreme Court has ruled that a City must provide a reasonable
opportunity area for sexually oriented businesses to exist. In
this regard, the City of Renton case established 5 percent of the
City as adequate.
The Supreme Court has also determined that a City need not
conduct its own investigation of secondary effects, but may rely
on the existing studies done by other cities as the basis for
establishing its own ordinance. It is in this regard that the
City Council be provided with copies of the previously mentioned
documents to read and put into the record as the basis for the
need to regulate the secondary effects of adult use
establishments.
C
The City, as part of its findings on the adoption of adult use
regulations, must satisfactorily address two issues:
Create a public record documenting Monticello -s
justification for regulation is based on factual evidence
that the regulation is needed to minimize the adverse
secondary effects of sexually oriented businesses on the
community.
Establish that the regulation affords sexually oriented
businesses a reasonable opportunity to open and operate
within the community.
The City of Monticello established the opportunity area for adult
use - principal businesses by providing opportunity in specific
zoning districts based on the opportunity area set forth in
Renton and providing spacing requirements to regulate the
secondary effects. The City will then create a public record to
prove that the Planning Commission and the City Council made
findings that the adopted regulations were required to combat the
adverse secondary effects of sexually oriented businesses.
II
J
Council Agenda - 1/13/92
5. Consideration of adoptinq an ordinance amendment establishing
a license requirement for adult uses/principal and adult uses/
accessorn. (J.O.)
REFERENCE AND BACKGROUND:
This agenda supplement relates to the zoning ordinance
amendment issue and addresses Exhibit D of the Information
packet sent to you earlier this week. In conjunction with
development of the zoning ordinance regulating adult uses, it
is proposed that the City establish a licensing requirement
for both the adult use/principal activity and adult
use/accessory activity.
Adult use/principal includes businesses that deal solely with
adult uses. Adult use/accessory includes businesses that
devote less than 108 of their retail floor space to adult
uses. In Monticello, such businesses include Tom Thumb,
Holiday Station, A-V Room, and Third Street Video.
The proposed ordinance outlined in Exhibit D has been slightly
modified in response to recent information discovered
regarding the present owner of the A-V Roum. The proposed
ordinance you already received included a provision that made
anyone convicted of a felony ineligible for an adult use
license. This particular provision inadvertently eliminated
the ability of Jim and Cheryl Wolf to conduct adult
use/accessory uses at the A-V Room as currently conducted.
The Planning Commission reviewed this matter in detail. They
were informed that the City has received no complaints
regarding the A-V Room operation in the past five years, and
there is no evidence available at this time to suggest that
the A-V Room is operating in any manner inconsistent with the
requirements outlined in the proposed ordinance. Therefore,
it woo felt by the Planning Commission that the license
requirement should be somehow modified to allow Jim and Cheryl
Wolf to continuo with their operation as is and, duo to their
unblemished record in the business, they should have the
opportunity to qualify for an adult use/accessory license.
Subsequent to the Planning Commission meeting, I contacted the
City Attorney, and he has modifiod the ordinance slightly to
allow the City Council more latitude In determining whether or
not a convicted felon should be allowed to operate an adult
land use. The updated language to the ordinance is
highlighted in yellow. Please review this closely and
determine i f you fool the proposed ordinance should be changed
as outlined. This provision, if added to the ordinance, would
Council Agenda - 1/13/92
allow the City Council to review each applicant individually
in terms of his or her felony record and make a decision
regarding the issuance of the adult license accordingly.
Following is a brief review of some of the major points in the
ordinance requiring licensing of adult uses/accessory and
principal.
All applicants must provide extensive data regarding their
background, including felony convictions, and also must
outline the manner in which the business will be conducted,
including hours of operation, provisions made to restrict
access by minors, and also a building plan detailing all
internal operation activities must be prepared. This
Information must be reviewed by the City Council and made
available to the public via a public hearing process. All
existing adult uses would need to obtain a license immediately
upon adoption of this ordinance.
Licenses are valid for a period of one year. An annual fee
for the accessory license shall be $50, and the annual fee for
the adult use/principal is proposed at $250. Please note that
the City Attorney has indicated that the City does not have
much latitude in increasing these fees because the court has
found that excessively high fees for this type of license have
been deemed to constitute an unlawful obstruction of freedom
of speech. In short, the fee should not exceed the City's
cost to process the fee, and high fees have been used to
eliminate the business viability of adult accessory uses.
Persons ineligible for license include those individuals under
21 years of age, and a person that has been convicted of a
felony can be disqualified as being eligible for an adult use
license.
All premises shall have the license posted. In the case of an
adult use/principal, no minor shall be permitted on the
promises unless accompanied by a parent or legal guardian, and
others.
In terms of penalties, any person violating a provision of the
ordinance is guilty of a misdemeanor and upon conviction shall
be punished with not more than the maximum penalty for a
misdemeanor. In addition, any violation of this ordinance
shall be the basis for suspension or revocation of any license
granted hereunder.
Council Agenda - 1/13/92
B. ALTERNATIVE ACTIONS:
Motion to adopt an ordinance amendment providing for
licensing of adult use businesses.
Under this alternative, the Council finds that adult use
activity in the principal and accessory use categories
needs to be monitored and controlled and that the
licensing process provides a mechanism for such control.
It is proper, therefore, to adopt this ordinance to be
employed in tandem with the adult land use ordinance
amendments also used in mitigating the secondary effects
of adult land uses.
With reference to the wolf situation, the new language
proposed with the updated ordinance provides the Council
with the leeway to grant the wolfs ar license without
reducing the ability of the City to deny providing a
license to felons.
Motion to deny adoption of said ordinance.
A case could be made that it Is not necessary to license
adult use/accessory because the City has not received any
complaints regarding the operation of the establishments
that now sell pornographic videos and magazines. it
could be argued that the licensing requirement is simply
unnecessary. This is the position that the City of
Buffalo has taken with regard to adult accessory uses.
The City of Buffalo did, however, requiro that any adult
land us os/principal be licensed.
The City of Big Lake is requiring that both accessory and
principal adult uses be licensed.
C. STAFF RECOMMENDATION:
Staff recommends that the ordinance be adopted as presented
for reasons outlined under alternative ii. Council may wish
to adjust the foes as it sees fit; however, Council should not
raise foes higher than $254 for either the accessory use or
principal use Ilcenses. Foes higher than the cost to process
the application have boon found by the courts as being an
unconstitutional violation of freedom of speech.
D. SUPPORTING DATA:
Copy of ordinance establishing licensing rogiuiremont for adult
usos/accessory and principal with recent modifications made to
y" the ordinance highlighted in yellow.
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 3 OF THE
MONTICELLO CITY ORDINANCE RELATING TO BUSINESS REGULATIONS BE
AMENDED BY ADDING THE FOLLOWING CHAPTER:
CHAPTER 13
LICENSING OF ADULT USE BUSINESSESES
SECTION:
3-13-1: License Requirements
3-13-1: LICENSE REQUIREMENTS:
(A) No person, firm, partnership, or corporation shall operate an
adult use, either principal or accessory, without having first
secured a license as hereinafter provided. Licenses shall be
one of two types:
1. Adult Use/Accessory
2. Adult Use/Principal
(B) Application: In addition to such information the City Council
may require, the application shall also include:
If the applicant is an individual, the name, residence,
phone number, and birthdate of the applicant. If the
applicant is a partnership, the name, residence, phone
number, and birthdate of each general and limited
partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates of all those
persons holding more than five (5) portent of the issued
and outstanding stock of the corporation.
2. The name, address, phone number, and birthdate of the
manager of such operation, if different from the owners.
3. The premises where the adult use is to be located within
the entire building.
4. A statement detailing any felony convictions by the
applicant and whether or not the applicant has ever
applied for or held a license to operate a similar type
of business in other communities. In the case of a
corporation, a statement detailing any felony convictions
by the owners of more than five (5) portent of the issued
and outstanding stock of the corporation, and whether or
0
Ordinance Amendment No.
Page 2
not those owners have ever applied for or held a license
to operate a similar type of business in other
communities.
5. The activities and types of business to be conducted.
6. The hours of operation.
7. The provisions made to restrict access by minors.
8. A building plan of the premises detailing all internal
operations and activities.
(C) License Fees:
Each application fora license shall be submitted to the
City Administrator and payment made to the City of
Monticello. Each application for a license shall be
accompanied by payment in full of the required fee for
the license. All fees shall be paid into the general
fund. Upon rejection of any application for a license,
the City of Monticello shall refund the amount paid
except for that cost to investigate the applicant.
2. All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of
one (1) year, except that if a portion of the license
year has elapsed when the application is made, a license
may be issued for the remainder of the year for a prorate
fee. In computing such foo, any unexpired fraction of a
month shall be counted as one (1) month.
J. The annual fee for an adult use/accessory license shall
be $50. The annual foe for an adult use/principal
license shall be $250.
No part of the fee paid by any license issued under this
ordinance shall be refunded except in the following
instances upon application to the City Administrator
within thirty (30) days from the happening of the event.
Thera shall be refunded a prordta portiun of Lha fee for
the unexpired period of the license, computed on a
monthly basis, when operation of the liceneod business
ceases no less than one (1) month before expiration of
the license becauso of:
a. Destruction or damage of the licensed premises by
fire or other catastrophe.
J
Ordinance Amendment No.
Page 3
b. If the licensee is an individual, the licensee's
disabling illness. If the licensee is a
partnership, the disabling illness of any general
partner. If the licensee is a corporation, the
disabling illness of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
C. If the licensee is an individual, the licensee's
death. If the licensee is a partnership, the death
of any general partner. If the licensee is a
corporation, the death of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
d. A change in the legal status making it unlawful for
the licensed business to continue.
(D) Grantlnq of License:
1. The City Council shall investigate all facts set out in
the application and hold a public hearing within forty-
five (45) days after the City Administrator receives the
application. Opportunity shall be given to any person to
be heard for or against the granting of the license.
After such investigation and administrative hearing, the
City Council shall grant or refuse the application. The
City shall grant or refuse the application within forty-
five (45) days after the public hearing has closed.
2. Each license shall be issued to the applicant only and
shall not be transferable to another holder. Each
license shall be issued only for the promises described
in the application. No license may be transferred to
another premise without the approval of the City Council.
If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the
partnership or corporation shall be deemed a transfer of
the license. All adult uses existing at the time of the
ordinance adoption shall be required to obtain an annual
license.
(E) Persons Ineligible for License:
r No license shall be granted to or hold by any person:
1. Under twenty-one (21) years of age.
0
Ordinance Amendment No.
Page 4
2. Who has been convicted of a felony or a shareholder,
director, officer, or partner of which has been convicted
of a felony. The City Council may waive this provision
and grant a license to a person, partnership, or
corporation a principal or principals of which have been
convicted of a felony or felonies. In deciding whether
to make such a waiver, the City Council shall consider:
a. the number of felony convictions.
b. the nature of the felonies.
C. the length of time that has passed since the
conviction or convictions.
d. whether the license is for a use that existed prior
to the effective date of this ordinance.
3. who is not the proprietor of the establishment for which
the license is issued.
(F) Places Ineliqible for License:
No license shall be granted for adult uses on any
premises where a licensee has been convicted of a
violation of this chapter, or where any license hereunder
has been revoked for cause, until one (1) year has
elapsed after such conviction or revocation.
2. Except for uses lawfully existing at the time of this
ordinance adoption, no license shall be granted for any
adult use which is not in compliance with the City's
zoning regulations.
(G) Conditions of License:
1. Every license shall be granted subject to the conditions
in the following subdivisions and all other provisions of
this chapter, and of any applicable sections of the Code
of the City of Monticello or state law.
2. All licensed promises shall have the license posted in a
conspicuous place at all times.
3. In the case of an adult use/principal, no minor shall be
permitted on the licensed premises unless accompanied by
his/her parent or legal guardian.
4. Any designated inspection officer of the City of
Monticello shall have the unqualified right to enter,
inspect, and search the premises of a licensee during
business hours.
l Ordinance Amendment No.
Page 5
5. Every licensee shall be responsible for the conduct of
his/her place of business and shall maintain conditions
of order.
(H) Penalty:
1. Any person violating any provision of this ordinance is
guilty of a misdemeanor and upon conviction shall be
punished not more than the maximum penalty for a
misdemeanor as prescribed state law.
2. Any violation of this ordinance shall be a basis for the
suspension or revocation of any license granted
hereunder. In the event that the City Council proposes
to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed
revocation or suspension. The Council shall hold a
public hearing for the purpose of determining whether to
revoke or suspend the license, which public hearing shall
be within forty-five (45) days of the date of the notice.
The City Council shall determine whether to suspend or
revoke the license within forty-five (45) days after the
close of the hearing and shall notify the licensee of its
decision within that forty-five (45) day period.
(I) Riqht of Appeal: Any applicant whose application for an adult
use license is denied, or any licensee whose license is
revoked or suspended, may appeal such denial, revocation, or
suspension to the District Court of the County of Wright
within 30 days after the denial, revocation, or suspension of
such license.
Adopted this day of , 1991.
Mayor
City Administrator
0
Council Agenda - 1/13/92
Consideration of adopting an ordinance establishing a Police
Advisory Commission. (R.W.)
REFERENCE AND BACKGROUND:
Last February, the City Council reviewed a proposed ordinance
amendment that would create a Police Advisory Commission. The
Council had reviewed the commission structure, including
membership qualifications, and approved the concept of
establishing the commission but did not take any formal action
on the ordinance amendment to allow for input from the Police
Commission membership.
Input requested from the potential Police Commission
membership concerned whether a juvenile should be a member of
the commission and feedback on the duties and functions of the
commission. Through notices in the Monticello Times, the City
staff did receive three applications for membership on the
commission that were tentatively app raved by the Council.
They were Warren Smith, David Gerads, and Curtis Schmidt. In
addition, Councilmember Brad Fyle was appointed as the Council
representative.
The Police Commission first met in June of 1991 and reviewed
the proposed ordinance amendment, along with duties and
functions of the commission. The commission members suggested
that the City staff try to obtain additional information from
other communities and commissions In an effort to find out
where their efforts were focused. Initially, they suggested
that a juvenile could be an ex officio member of the
commis sion.
Since most communities that have police advisory commissions
also employ their own police force, it was extremely difficult
to obtain information from other communities similar to
Monticello with a contracting arrangement for police
protection. Information gathered on orhor police commissions
Indicated that many of the functions of the police commission
was to review the budget for a polieo department and make
recomm endations on level of service, including number of
employees and also disciplinary action. Since in our case
those functions are handled through a contract arrangement,
some of those duties and functions of other communities would
not be appropriate for our commission_
In Uecembor 1991, the Police Commission again mot to roviow
the findings and felt that generally rho ordinance amendment
as originally proposed would be sufficlont in outlining the
duties and functions of the commission_ Generally, the Police
Commission would meat with the Shoriff's Department
representative to review level of sore ico and could act as a
Council Agenda - 1/13/92
conduit for citizens complaints or the body to gather
information as directed by the City Council. At the December
meeting, the commission recommended that the City Council
consider adopting the ordinance as originally prepared without
the addition of a juvenile as a member of the commission at
this time. The commission felt that if issues were discussed
that would concern teenage activities, the commission could
invite a high school representative to attend the meeting to
receive input; but generally speaking, the need for a juvenile
representative did not seem warranted.
Initially, the City only received three inquiries concerning
membership on the commission. During expo this past fall,
Mr. Jim Fleming, a new resident in the Monticello area,
expressed an interest in becoming involved in some type of
committee. Mr. Fleming is an attorney who works in Golden
Valley and was a former police officer prior to becoming an
attorney. His wife is employed at Sunny Fresh in Monticello,
and Mr. Fleming is planning on locating his residence in
Monticello In the near future. He currently resides outside
of the city limits, but he did attend our December meeting end
would like to become the fifth member of the Police
Commission. During the recent meeting, Mr. Fleming's input
was well received, and I think he would be an asset to the
commission.
If the Police Advisory Commission is to continue, what remains
is for the Council to formally adopt the ordinance amendment
establishing the commission. Upon further review by the
commission membership, they recommended that the duties and
functions as originally proposed be part of the ordinance and
that the membership consist of five individuals without a
juvenile at this time.
ALTERNATIVE ACTIONS:
Adopt the ordinance amendment as proposed establishing
the Pollco Advisory Commission.
Do not adopt the ordinance.
Under this alternative, the Police Commission would be
disbanded, and the Mayor and/or a Council representative
would continuo to moot occasionally with the Wright
County Sheriff's Department as needed to discuss police
services.
Council Agenda - 1/13/92
STAFF RECOMMENDATION:
Staff recommends that the Police Advisory Commission be
established and that the ordinance amendment be adopted as
proposed. The Advisory Commission could evaluate the level of
service we are now receiving through the Sheriff's Department
and would meet quarterly with the Sheriff's Department
representatives or more often as needed. The commission could
serve as a conduit for citizens complaints and could make
recommendations to the Council on our present police services
and levels of coverage. The recommendation to not include a
juvenile as a member at this time seems appropriate in that a
high school representative could be asked to attend a meeting
if the commission was going to discuss an item that pertained
to teenage activities.
SUPPORTING DATA:
Copy of proposed ordinance amendment; December 12 Police
Commission minutes.
C
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
TITLE 2 OF THE MONTICELLO CITY ORDINANCE BE AMENDED BY ADDING THE
FOLLOWING CHAPTER CREATING A POLICE ADVISORY COMMISSION:
CHAPTER 7
Police Advisory Commission
SECTION:
2-7-1: Establishment of Advisory Commission
2-7-2: Membership
2-7-3: Term of Office
2-7-4: Vacancies
2-7-5: Legal Advisory
2-7-6: Rules
2-7-7: Officers
2-7-8: Duties and Functions
2-7-9: Meetings
2-7-10: Compensation
2-7-11: Amendments
2-7-1: ESTABLISHMENT OF ADVISORY COMMISSION: A Police Advisory
Commission is hereby established to advise the City
Council on police and public safety matters.
2-7-2: MEMBERSHIP:
(A) Composition - The Commission shall consist of four general
members and one member of the City Council.
(B) General Members - All general members shall be appointed by
the Council. Any vacancy in a general membership shall be
filled for the unexpired term by the Council. A general
member of the Police Commission shall be any adult resident of
the city.
(C) Council Representative - The Council representative shall be
appointed by the Mayor with ratification by the City Council.
(D) Ex -Officio Representatives - Staff members of the Police
Advisory Commission may include the City Administrator,
Assistant Administrator, Public Works Director, or other City
personnel as requested by the commission. The Wright County
Sheriff or department representative may also be requested to
participate in commission meetings as necessary. Ex -officio
representatives shall not be eligible to vote on commission
activities.
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Ordinance Amendment No.
Page 2
2-7-3: TERMS: Appointment to the Commission shall be made at
the first regular January meeting of the City Council or
more often if required. General members shall be appointed for
three-year terms beginning January 1 and ending December 31 of the
third year following (and until a successor is appointed and
qualified), except that of the general members initially appointed
by the Council, one shall serve for a term of one year, one for a
term of two years, and two for terms of three years. General
members appointed after the initial Commission shall be appointed
for a three-year term.
2-7-4: VACANCIES: In the case of a vacancy during the term of
office of any general member of the Commission, the
Council shall appoint a new member to serve the remainder of the
term. A vacancy shall exist if any one of the following occur:
death, disability, residence outside of the city, resignation, or
removal by a majority vote of the Council.
2-7-5: LEGAL ADVISOR: The City Attorney shall serve as legal
advisor to the Commission.
2-7-6: RULES: The Commission may adopt rules and regulations
for its own proceedings and shall meet at regular
intervals, the time and place to be established by rule adopted
from time to time. All meetings of the Commission shall be open to
the public except for those of disciplinary matters.
2-7-7: OFFICERS: The Commission shall elect from among its
members a chairman, vice chairman, and a secretary.
(A) Duties of Chair - The chair shall preside at all meetings of
the Police Commission and shall have the duties normally
conferred and parliamentary usage of such officers.
(B) Duties of Vice Chair - The vice chair shall act for the chair
In his absence.
(C) Duties of Secrotary - A secretary may be appointed who is not
a member of the Police Commission but can be employed as a
member of City staff. The secretary shall keep the minutes
and records of the commission; and with the assistance of
staff as is available shall prepare the agenda of the regular
and special meetings for commission members, arrange propot
and legal notice of hearings when necessary, attend to
correspondence of tho commission, and other duties as are
normally carried out by a secretary.
2-7-8: DUTIES AND FUNCTIONS: The duties and functions of the
Commission shall be as follows:
(A) to assist the Council in planning and research in the area of
police matters, including budget, hours of coverage,
Intergovernmental cooperation, and public information
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Ordinance Amendment No.
Page 3
(B) to develop a citizen complaint procedure on matters of public
safety and general police work;
(C) promote public interest in and an understanding of the police
department and police work;
(D) to cooperate with all community groups and civic organizations
within the city and furnish them such aid and advice in
matters of public safety as deemed appropriate within the
means provided by appropriations made by the Council;
(E) to confer with and advise the Council on all matters
concerning public safety within the city;
(F) to take under advisement, study, hold hearings, and make their
written recommendations to the Council on all matters of
public safety referred to them or initiated by majority vote
of the Commission;
(G) to serve as a forum for the citizens of Monticello to voice
their opinions regarding community safety activities and
functions;
(H) to encourage coordination with other communities and agencies
to the extent appropriate in matters pertinent to the
community safety function.
2-7-9: MEETINGS: The Police Advisory Commission shall hold
quarterly meetings. Special meetings may be scheduled
by the chairman as needed. All meetings shall be open to the
general public.
2-7-10: COMPENSATION: Members of the Commission shall serve
without compensation.
2-7-11: AMENDMENTS: This ordinance may be amended as recommended
by the majority vote of the existing membership of the
Police Commission and only after a majority vote of the City
Council.
Adopted this 13th day of January, 1992.
City Administrator
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Mayor
D
MINUTES
REGULAR MEETING - MONTICELLO POLICE ADVISORY COMMISSION
Thursday, December 12, 1991 - 7:00 p.m.
Members Present: Brad Fyle, Warren Smith, David Gerads, Jim
Fleming
Members Absent: Curtis Schmidt
Lieutenant Don Lindell of the Wright County Sheriff 's Department
was present to review with the Advisory Commission members the
current contract status with the City of Monticello. Mr. Lindell
outlined the present arrangement that provides 7, 321 hours of
coverage and discussed the current arrangement of allocating those
hours on a weekly basis. Mr. Lindell noted that although no
current problems exist with the arrangement, the Sheriff's
Department has noticed an Increase in activity in the Monticello
area because of our growth and recommended that the Police
Commission consider budgeting in future years for increasing hours,
possibly to a 24-hour coverage basis. '
Police Commission members also reviewed the proposed ordinance
amendment that established the Advisory Commission and briefly
discussed the general duties and functions of the Commission. In
regard to membership on Lhe Commission, It was the consensus of the
membership that having n teenager serve on the Commission at this
time would not be necessary; but if issues are discussed that
concern teenage activltle s, the Commission could invite a high
school representative to attend a future mooting if necessary.
A motion was made by Warren Smith and seconded by Jim Fleming and
unanimously carried to recommend to the Monticello City Council.
that the ordinance amondrnent establishing the Police Advisory
Commission, Including the duties and functions originally outlined,
be adopted b7 the City Council. After official adoption, the
Commission would then meet to formally elect officers of Chair,
Vicu Chair, and Sucrutary.
In regard to the 1992 contract renewal for police coverage, the
Commisalon members wore comfortable with the contract arrangement,
including hours of coverage proposed, and recommended the City
Council consider renewal of the contract.
Rick Wolfs�toller
City Administrator
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Council Agenda - 1/13/92
7. Consideration of approving 1992/1993 contract for police
protection with Wriqht County Sheriff. (R.W.)
REFERENCE AND BACKGROUND:
Wright County has recently prepared a two-year law enforcement
contract for police protection that the City Council is asked
to ratify. Currently, the City receives 7,321 hours of
coverage; and for the year 1992, the hourly rate has been set
at 126 for a total contract of $190,346. In the past, our law
enforcement contracts with the Sheriff's Department have been
on an annual basis; but since the County Commissioners have
established the contracting rate for 1992 and 1993 in advance,
they are proposing two-year contracts. The second year of the
contract for 1993 would total $28.50 per hour.
After reviewing the previous contracts with the proposed two-
year contract, the only difference in the language refers to
a two-year agreement. According to the Sheriff's Department,
the reason for a two-year contract is because the County Board
of Commissioners had established the 1993 rate in advance, and
the new County Attorney, Weiman Nelson, prepared all
agreements on a two-year basis to cut down on paperwork and
the necessity for ratifying new agreements each year. The
only problem that would arise is if the City of Monticello had
any intentions of cancelling its arrangement with the Wright
County Sheriff's Department and instituting its own police
force before the end of 1993. If this was a possibility, then
we should not enter into a two-year agreement. In my opinion,
this seems very unlikely, and I assume we would continue our
contract arrangement in the near future.
At the December Police Advisory Commission meeting, Lieutenant
Don Lindell of the Sheriff's Department was present and
reviewed the contract and present contract services with the
commission members. Mr. Lindell provided statistics that
indicated Monticello is experiencing increased service demands
because of our population growth and suggested that the City
of Monticello should consider Increasing its hours in the
futuro to possibly a 24-hour coverage. Currently, there are
some shift overlaps for servicing Monticello; and under our
present arrangement, there aro cortain hours of the day where
a patrol car is not assigned directly to Monticello. Although
this has not appeared to be a problem, I'm sure there will
come a day when the citizens will expect a patrolman to be
available at all times. The Shoriff's Department indicated
that they are certainly willing to work with the City in
arranging the hours of coverage to suit our needs and do
occasionally adjust the time of day an officer is availablo
T based on our concerns. For oxamplo, when some citizens
expressed concerns over traffic speed on Broadway during the
Council Agenda - 1/13/92
early morning hours, the Sheriff's Department did assign an
officer during the morning hours to patrol for speeders.
While this type of arrangement can be accommodated, as the
city grows, the City will probably have to increase hours of
coverage to provide an adequate level of service.
After reviewing the contract with the Police Commission, the
commission did recommend that the Council ratify the contract
as proposed and that the Council again review the possibility
of increasing hours in future years if warranted. with the
establishment of the Police Advisory Commission, the
commission intends to meet at least quarterly and have a
Sheriff's Department representative in attendance to review
items of concern.
B. ALTERNATIVE ACTIONS:
1. Ratify the contract as proposed for the years 1991 and
1993 with a contract coverage of 7,321 hours at a rate of
$26 per hour. This is the same number of hours we have
had previously.
2. Ratify the contract as proposed but set a different level
of hours.
While the extent of coverage may need to be expanded in
the future, the staff is not aware of any complaints on
coverage levels at this time from citizens, and the
necessity to increase them at this point may not be
necessary.
3. Ratify the contract for the year 1992 but request that a
now contract be preparod by the County on a ono -year
basis only.
It the City was at all conoidering its own police
department for 1993, this alternative should be
considered. If this is not an option that's being
considered at this time, I do not feel the two-year
arrangement would be a problem.
C. STAFF RECOMMENDATION:
The staff and Police Advisory Commission recommend that t ho
contract be ratified for 1992/1993 at tho hourly rato of $26
and $28.50. It appears that at the present time, the lovol of
coverage is adoquate in that the staff is not award of any
complaints concerning level of coverago at this Limo. As t ho
demands on the Sheriff's Department incroase for Monticollo,
the City will havo to roview and possibly incroaso our hours
of coverage in the future, which can be done at any time.
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Council Agenda - 1/13/92
Depending on availability of deputies, increases to our
contract coverage would probably have to be sufficient to
cover an additional employee, as it becomes difficult for the
Sheriff's Department to only increase coverages by an hour or
two a day. Because of this, I would think that increases in
our coverage could wait until future years.
SUPPORTING DATA:
Copy of proposed contract.
10
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT, Made and entered into this day of
November , 1991 , by and between the COUNTY OF WRIGHT and the
WRIGHT COUNTY SHERIFF, hereinafter referred to as 'County", and the
City of Monticello hereinafter referred to as the
"Municipality";
WITNESSETH:
WHEREAS, The Municipality is desirous of entering into a contract
with the County for the performance of the hereinafter described lav
enforcement protection with the corporate limits of said Municipality
through the County Sheriff; and
WHEREAS, The County is agreeable to rendering such services and
protection on the terms and conditions hereinafter set forth: and
i
WHEREAS, Such contracts are authorized and provided for by the
provision of Minnesota Statutes 1471.59 and Minnesota Statutes
4436.05:
NOW, THEREFORE, Pursuant to the aforesaid eta tutee, and in
consideration of the mutual covenants herein contained, it is agreed
as follows:
1. That the County by way of the Office of the Sheriff agrees to
provide police protection within the corporate limits of the
Municipality to the extent and in the manner as hereinafter set forth:
a. Except as otherwise hereinafter specifically not forth,
such services shall encompass only duties and functions
of the type coming within the jurisdiction of the
Wright County Sheriff pursuant to Minnesota Laws and
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0
Statutes.
b. Except as otherwise hereinafter provided for, the
standard level of service provided shall be the same
basic level of service which is provided for the
unincorporated areas of the County of Wright, State of
Minnesota.
c. The rendition of services, the standard of
performance, the discipline of the officers and the
other matters incident to the performance of such
services and control of personnel so employed shall
remain in and under the control of the Sheriff.
d. Services purchased pursuant to this contract shall
include the enforcement of Minnesota State Statutes,
including but not limited to the Traffic Code and the
Criminal Code, as well as all local ordinances enacted
in conformance therewith. Statutes and ordinances
which prescribe enforcement by a different authority,
i.e.: The State Electrical Code, the Uniform Building
Code, etc., shall be excluded from this agreement.
Ordinances pertaining exclusively to purely local city
management matters, i.e., sever and water collection,
etc., shall be excluded from this agreement. The
Municipality shall be responsible for enforcement of
the Municipal Zoning Code, except that the Sheriff will
enforce nuisance ordinances conforming to State lav,
i.e.: junk cars, etc., and traffic ordinances, i.e.:
parking and erratic driving.
2. That it is agreed that the Sheriff shall have full
cooperation and assistance from the Municipality, its officers, agents
and employees .so as to facilitate the performance of this agreement.
3. That the County shall furnish and supply all necessary labor,
supervision, equipment, communication facilities for dispatching, cost
of jail detention and all supplies necessary to maintain the level of
service to be rendered herein.
4. The Municipality shall not be liable for the direct payment of
any salaries, wages or other compensation to any personnel performing
�i
services herein .for said County.
S. The Muncipality shall not be liable for compensation or
indemnity to any of the Sheriff's employees for injuries or sickness
arising out of ,its employment, and the County hereby agrees to hold
harmless the Municipality against any such claims.
6. The County, Sheriff, his officers and employees shall not be
deemed to assume any liability for intentional or negligent acts of
said Municipality or any officer, agent or employee thereof.
7. This agreement shall be effective from January 1, 1992 to
December 31, 1993.
8. The Municipality agrees to pay the County the Burn of $26.00
per hour for lav enforcement protection during the calendar year 1992
and $28.50 during the calendar year 1993. If salaries of Deputy
Sheriffs are increased at any time during the term of this contract,
the hourly rate of this contract shall not be increased.
9. This contract ehd ll be extended automatically for successive
one year periods at a rate to be established by the County, unless the
County or the Municipality shall notify the other of termination, in
writing, prior to August 15, 1993, and a like date of each subsequent
year.
10. The number of hours of service to be pcovided .pursuant to
this contract are as follows:
16 hours per day/4 days per week
19 hours per day/3 days per week
613 hours (discretionary)
416 hours additional on Fridays/Saturdays for a total of 7,321 hours
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and shall provide 24 hour call and general service. The Municipality
shall notify the Ccunty in writing prior to August 15 regarding any
change in the number of hours for the subsequent year.
11. The County shall provide for all costs and prosecution
efforts with respect to violations charged by the Sheriff in the
performance of this agreement. All fines arising from such
prosecutions shall accrue to the County. Violations of municipal
ordinances excluded from enforcement by this agreement shall be
prosecuted by the Municipality at its expense. All fines arising !ram
city prosecutions shall accrue to the Municipality unless otherwise
provided by lay.
12. Pursuant to lav, the County Auditor/Treasurer shall remit to
the Municipality its share of all fines collected. The Municipality
shall return to the County within 30 days all fine money attributable
to prosecutions initiated by ,the Sheriff in accord with Paragraph 11
of this contract. The Municipality' shall keep and retain any fine
money submitted by the Auditor/Treasurer attributable to prosecutions
initiated by the Municipality.
13. For the purpose of ,maintaining cooperation, local control
and general information on existing complaints and problems in said
Municipality, one member of the municipal council, the Mayor or other
person or persons shall be appointed by said council to act as police
commissioner(&) for said Municipality and shall make periodic contacts
with and attend meetings with the Sheriff or his office in relation to
the contract herein.
14. The County shall save, hold harmless and defend the City
from any and all claims arising from the acts or omissions, including
intentional acts and negligence, committed by employees or agents of
the County or Sheriff while in the performance of duties in
furtherance of this contract.
IN WITNESS WHEREOF, The Municipality, by resolution duly adopted
by its governing body, caused this agreement to be signed by its Mayor
and attested by its Clerk; and the County of Wright, by t he County
Board of Commissioners, has caused this agreement to be signed by the
Chairman and Clerk of aaicS Board, and by the Wright County Sheriff,
effective on the day and year first above written.
Dated:
ATTEST:
Clerk
Dated:
ATTEST:
Richard W. Norman
County Coordinator
Dated:
Approved as to form and execution:
CWyman A. Nelson
Wright County Attorney
Mayor
WRIGHT COUNTY COMMISSIONERS
Michelle Bagenriet Cha srperson
Donald Hozempa
Wright County Sheriff
APPENDIX A
1991 1992
Hourly Rate $26.00 $28.50
Annual Contract Fee $190,346.00 $208,648.50
Services provided by Wright County Sheriff:
a) 16 hours per day, four days per week (3,328 total hours).
b) 19 hours per day, three days per week, two of which shall
be Friday and Saturday (2,964 total hours).
c) 613 hours assigned at discretion of scheduling authority.
d) Additional 8 hours per day, Friday and Saturday, not to
exceed 416 total hours, assigned at discretion of
scheduling authority.
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Council Agenda - 1/13/92
8. Consideration of authorizing preparation of aquatic center
feasibility study and consider establishment of Aquatic Center
Development Task Force. (J.O.)
REFERENCE AND BACKGROUND:
The Parks Commission is recommending that the City Council
authorize preparation of an aquatic center feasibility study
and consider establishing a task force charged with providing
input during the feasibility study process.
The following report summarizes preliminary information
gathered by the Parks Commission and is the basis for the
Parks Commission recommendation that the City study the issue
further via a formal feasibility study. This report includes
information regarding the need for the aquatic center,
potential design, construction schedule, and cost information.
AQUATIC CENTER NEEDS ASSESSMENT
A number of factors motivated the Parks Commission to
Investigate the possibility of developing an aquatic center.
These factors, as follows, seem to indicate that the need for
such a facility needs to be investigated further.
1. As you recall, a few months ago Patricia Bogart requested
that the City develop a wading pool. She noted that
wading pools in other communities get a lot of use, and
the need for this type of facility is evident. In
response to Bogart's idea, the City Council directed the
Parks Commission to review the concept and report back to
Council. The Parks Commission reviewed the concept of
developing a wading pool for toddlers and concluded that
it does not make sense to study development of a wading
pool without first reviewing the potential development of
an "aquatic center" that would serve all ages.
2. In addition to the specific request made by Pat Bogart,
a number of other factors soom to indicate that the
majority of the citizens would like to see the City
dovelop an aquatic cantor. For instance, the citizen
survey conducted in 1988 showed that 568 of the
Monticello residents indica tod that they supported
development of a pool (now mo ro commonly referred to as
an aquatic center). In addition, members of the Parke
Commission and Council have boon contacted individually
from time to time by citizens that have expressed an
lntorost in city development of a municipal pool.
Council Agenda - 1/13/92
It has been shown by other communities that aquatic
centers are tourist attractions that draw people from
areas outside the city. Bringing people to town that
would not have otherwise visited could result in spin-off
benefit to some retail and commercial business.
PRELIMINARY DESIGN (See Attached Schematic)
The Parks Commission has been aided in development of the
preliminary concept plan by Richard Greenlee of Indeco and Tom
Schaffer of Associated Pool Builders. These two individuals
have worked cooperatively on municipal pool projects in the
past and volunteered to assist the Parks Commission with plan
development. Their assistance has enabled the Parks
Commission to develop relatively detailed information for your
review at no cost. Both have become involved in the project
as a strategy to improve their chances of becoming formally
involved in the project and compensated accordingly. Please
note that although their assistance is greatly appreciated,
the City is not obligated to award the job of preparing the
feasibility study or spec's to either one or both of these
individuals.
The concept. plan attached results from considerable discussion
conducted at the Parks Commission Level and is a concept plan
only. It is the purpose of the feasibility study to review
the ideas and concepts in great detail and develop a refined
aquatic center plan. This concept plan was prepared for the
purpose of providing the City Council with an idea of what
kind of amenities could be included in an aquatic center at
what cost. It becomes r. starting point for discussion only.
GENERAL SITE INFORMATION
The concept plan prepared requires approximately three acres
of land. The aquatic center pool capacity is 400 people.
Included in the three -acro alto is sufficient room for a 100 -
stall parking lot. The design of this facility is patterned
afLor facilities recently Installed in other communities in
the state of Minnesota and is roughly sized to match the
projected demand created by a community with a population of
5,000 to 10,000. Again, further analysis of the domand for
this facility is necessary via the foasibility study, and it
Is vary possible that the size and configuration of this
concept plan could change significantly as a result of the
foaslbJlity study.
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Council Agenda - 1/13/92
"AQUATIC CENTER" VERSUS A "POOL"
An aquatic center is different in concept than a municipal
pool in that it includes many amenities in addition to the
basic sw immi ng pool . The added amenities are included to make
the facility attractive for use by people of all ages and
thereby maximize facility usage. Following is a preliminary
list of aquatic center amenities that might be included in the
aquatic center.
Wet Sand Area
The concept plan includes development of a wet sand area
used primarily for toddlers and young children which
consists of a small wading pool with a sand bottom. The
water in the wet sand area is filtered and is cycled
through a small fountain in the sand area. The wet sand
area is designed to provide a place where children can do
all the things that they would be able to do on a sandy
beach. There is room for 35 to 40 children to play in
the wet sand area at any one time.
Zero Depth Wadinq Area
The concept plan shows an area where a toddler or a
handicapped person can enter the water at zero depth with
the depth slowly increasing as the individual moves away
from the edge of the pool.
Dump Slides
For the older children, two "dump slides" are shown which
are covered slides, the top of which stand ten foot above
the water surface.
Water Slide/Flume
The concept plan shows a 30 -foot high water slide
featuring a number of curves. This typo of slide is very
popular and creates a significant amount of user demand
and associated revenue.
Sand Volleyball Court
The concept plan shows a volleyball court area adjacent
to the pool which would be used only by those using tho
aquatic center. An outside shower would be installed
that would wash sand off of people using the volleyball
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Council Agenda - 1/13/92
court prior to entering the aquatic center. This is a
very popular feature in other aquatic center facilities
and tends to attract older children and young adults.
Walk-in Stens/Hydrotherapy/Water Aerobics
The concept plan also shows an area that includes walk-in
steps to the pool. Along side the walk-in steps imbedded
in the pool wall are water jets that can be used for
hydrotherapy. In addition to this feature, there is an
area that is well suited for water aerobics. These
features will tend to attract older adults.
Other Features
Other features worth mentioning that could be developed
with this aquatic center include sun decks, shade decks
with large umbrellas providing a place for parents to sit
out of the sun, six swimming lap lanes 25 yds 7 ft wide,
a concession area that includes year-round picnic tables,
bathhouse facilities, and lifeguard rooms. Finally, no
diving board is proposed with this aquatic center, as it
has been found that diving boards add significantly to
insurance costs.
LOCATION
A major purpose of the feasibility study is to determine where
the best location would be for the aquatic center. There are
a number of potential locations scattered throughout the
community, including the 4th Street Park, Outlet A of Country
Club Manor, Outlet A of Meadow Oak, the vacant property across
from the Legion Club, and others. Proper site selection is
very important and must consider such things as impact on the
neighborhood, proximity to collector roads, visibility, and
acquisition cost. Again, these issues will be studied as part
of the feasibility study.
COST IMPLICATIONS/FINANCING
The cost to construct the items noted in the concept plan is
estimated at $1.5 million. This cost does not include
potential additional cost to acquire land. It is proposed by
the Parks Commission that the project be financed via bond
Issue, which would require a referendum. At this time, tho
preliminary schedule calls for the referendum to occur
probably in April or May of this year.
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Council Agenda - 1/13/92
PROJECT IMPACT ON CURRENT CITY DEBT
Attached in the supporting data is a graph which reveals the
aquatic center debt impact on the existing current City debt.
This chart assumes that the $1.5 million debt is financed over
15 years at 6%. This results In an annual debt service of
$150,000. As you will note on the graph, debt service on
projects already completed prior to 1992 is dropping
significantly due to completion of debt repayment associated
with projects completed in the late 1970's. Adding the
aquatic center debt to the existing debt will result in a
reduction In the pace of the overall debt retirement.
Therefore, development of this facility will not result in an
increase in the City debt service and will not result in an
increase in taxes. Again, what it does result in is less of
a decrease. According to Rick, for a $70,000 home, in 1993 a
taxpayer could expect a $21 decrease in taxes due to debt
retirement. If the bond issue passes, the decrease is reduced
to $14 for a $70,000 home. In terms of the City debt service
portion of the property tax, it appears that the timing is
right from a financial standpoint for developing this project.
According to Richard Greenlee, experience has shown that in
other municipalities, the revenue derived from aquatic center
operation is not sufficient to retire the debt associated with
constructing the facility. Therefore, it should be made clear
up front that the cost to develop the structure will be borne
entirely by the taxpayers and will not be recovered through
user fees.
MAINTENANCE AND OPERATION COSTS
It has also been demonstrated In other communities that the
revenue derived from user fees can be sufficient to offset the
cost of operating the facility. One of the major purposes of
the feasibility study will be to locate and size the facility
to match the expected demand, thereby making it an efficient
operation which generator revenue equal to costs. In other
communlcle s, it appears that the average cost to operate this
typo of facility is $1 per square foot. The concept plan you
have shows 64,000 sq ft, which results in a $64,000 per year,
annual ma intonanco and operation cost. This cost will be
analyzed as part of the feasibility study.
The staffing required to operate the concept plan as shown
would requ ire one pool manager that would be working full -Lima
during the swimming season. This person would likely be a
school teacher working during the off -school season.
Council Agenda - 1/13/92
It would also be necessary to hire six to eight part-time
employees for staffing the lifeguard duties, concession areas,
etc. These employees would likely be young adults making
minimum wage.
Finally, a City employee would need to be trained and licensed
to operate the mechanical systems. It is estimated that
during the summer months, this employee would need to dedicate
10% to 15% of his time toward pool maintenance activities.
According to Roger Mack, this additional work load would not
require hiring of additional full-time staff.
PRELIMINARY SCHEDULE
The Parks Commission has established a relatively aggressive
schedule for completing the aquatic center. Again, the
schedule will be a subject of the feasibility study and may be
refined as part of the feasibility study process. The
preliminary schedule proposes that the feasibility study be
initiated immediately with completion to occur in six weeks.
It is suggested that a referendum be conducted in April or May
of 1992. If the referendum passes, plans and spec's would be
prepared which will take 60 days, followed by a 30 -day bidding
period. The hope would be to break ground in August of 1992,
with the qrand opening to occur on Memorial Day, 1993. Under
this schedule, the City has the added cost of conducting a
referendum ($700) prior to the general election in November of
this year. However, this added cost would likely be offset by
the savings that the City would likely experience due to
better bid prices for a construction project that would start
in the fall of 1992 and end in the spring of 1993.
FEASIBILITY STUDY EXPECTATIONS
As of the writing of this memo, I am working with Indeco in
preparing a detailed description of expectations regarding the
feasibility study. Following, however, is a general outline
of the items that will be covered in the proposed feasibility
study.
1. Review existing data and commission interview.
2. Assessment of program needs.
3. Site assessment and recommendations.
4. Preliminary facility design.
5. Operational and construction costs.
6. Conclusions and recommendations.
16
Council Agenda - 1/13/92
Attached with the supplementary information is a letter from
Richard M. Greenlee of Indeco. In his letter, Greenlee
outlines general topics to be covered in the feasibility study
at a cost not to exceed $10,000. It should be noted that
Greenlee and an associate, Tom Schaffer of Associated Pool
Builders, met with the Parks Commission on three separate
occasions to assist the commission with its planning. An
excellent rapport has been established between the commission
and Greenlee and Schaffer. It is the view of the Parks
Commission that Indeco should be employed to complete the
feasibility study without contacting other qualified
engineering firms. It is somewhat unusual for the City to
select a consulting engineer without opening up the project to
other bidders; however, in this case the Parks Commission
feels it makes sense because of the excellent rapport between
the commission and Richard Greenlee. The commission is
convinced that Greenlee has the experience and capabilities to
complete the study. The commission does not feel that the
$10,000 price tag is excessive, and there is no need,
therefore, to obtain quotes from other consultants.
I am in the process of contacting the cities of Golden Valley,
Bloomington, Minneapolis, and Edina regarding Greenlee's
experience and performance. This information from references
will be available at the meeting on Monday.
Tho coat to conduct the feasibility study is not in the 1992
general fund budget. However, reserve funds are available to
finance the feasibility study. In the event the project
proceeds, the bond proceeds can be usod to reimburse the
general fund for the cost of the feasibility study. If the
referendum fails, the City will have to finance the
feasibility study out of tho general fund.
Attached you will find a rough draft of a detailed description
of tho feasibility study tasks and objectives. This
description will be tho basis of a contract with Indeco or
will bocome the basis of tho aquatic center RFP depending on
Council's decision.
ALTERNATIVE ACTIONS:
City Council Is asked to mako throo decisions: 1) The first
decision is on whothor or not to move the matter forward by
preparing a feasibility study; 2) If the City Council wants
the feasibility study to be prepared, then it needs to decide
whether or not to immediately select Indoco (Richard Greenlee)
to prepare the report, or should the City prepare a request
for proposals form and submit it to other consultants in more
17
R
Council Agenda - 1/13/92
of a competitive bidding process; 3) If Council wants to move
forward on this matter under 01 or #2 above, then it needs to
determine if it would like to establish a task force; and if
so, determine what the makeup of the task force should be.
The Parks Commission has recommended that the commission be
the core of the task force with four additional people placed
on the task force, two of which being Council members and two
more from the general population. It was suggested that the
additional could include a senior citizen such as Ben Smith
and possibly a representative from the USA Swim Club.
Decision 1:
Alt. #1: Motion to authorize Richard Greenlee of Indeco to
prepare an aquatic center feasibility study at a
lump sum cost not to exceed $10,000 subject to
preparation of a detailed agreement outlining the
scope of the feasibility study.
Under this alternative, City Council agrees that
there is sufficient cause to justify further study
of development of an aquatic center. This
alternative calls for selection of a consultant
without contacting other consultants via the
request for proposals process.
The Parks Commission supports this alternative
because of the excellent rapport developed between
Greenlee and the commission. The recommendation is
made assuming all references are excellent. I am
checking those references and will provide a report
on Monday. The Parks Commission is confident that
Greenlee will do a good job, and there is no need
to add cost to the project by undertaking a lengthy
consulLanL selection process. Selecting a
consultant in this manner will expedite the process
and is perfectly legal; however, it is not
consistent with the process normally followed.
Alt. 02: Motion to authorize City staff to prepare a request
for proposals for an aquatic center feasibility
study to be submitted to pool design engineers/
consultants.
Under this alternative, City Council would take the
position that a feasibility study should be
conducted; however, the consultant conducting the
study should be chosen through a standard selection
process.
,e
Council Agenda - 1/13/92
Normally, a number of consultants are asked to
provide a quote on City projects before the City
Council makes its selection. This provides the
City with the opportunity to compare costs and
capabilities. There is no legal requirement that
the City get quotes from other consultants;
however, it may be a policy that the Council may
wish to keep.
Requiring that the City get quotes from other
consultants would add time to the process; however,
it is not likely that the added time necessary to
prepare a refined RFP and obtain quotes would not
push the opening date past Memorial Day, 1993.
Again, although the assistance provided by Richard
Greenlee of Indeco is greatly appreciated, the City
is not obligated to hire him because of time he has
already spent on the project. He certainly will
have an advantage if the City goes out for bids due
to the good relationship already established with
the Parks Commission.
3. Motion to deny authorization to conduct a feasibility
study.
The City Council could take the position that the Parks
Commission has not sufficiently demonstrated the reed to
consider development of an aquatic center. It could be
argued that the tax increases associated with recent
county and school bond issues are such that despite the
fact that City debt is decreasing, overall debt is
increasing; therefore, added cost to the taxpayer is not
proper at this time. In addition, despite the fact that
tho overall City debt is decreasing, there are numerous
projor_t.s as outlined In the supplemental data in the
draft 5 -year capital improvement plan that will be
developed in the next few years. Council may take the
position that many of these projects may take precedence
over aquatic canter development. The financial resources
needed to conduct future projects should he preserved;
therefore, development of the aquatic center should be
discouraged.
Decision 2:
If the City Council desires to move forward at this time under
both alternatives 01 and 02, it needs to determine if an
aquatic center task force should be established. If so, the
/ membership needs to be ostablishod. The Parks Commission
10
Council Agenda - 1/13/92
requested that two Council members consider sitting on the
task force. Please discuss and identify other individuals
that you feel we should contact to serve.
STAFF RECOMMENDATION:
City staff recommends that Council order preparation of a
feasibility study because it is our view that there is
sufficient evidence to suggest that an aquatic center is
needed and desired by the citizens of Monticello.
Furthermore, the timing of this project is good relative to
upcoming reductions in City debt levels.
Staff is concerned, however, about awarding the feasibility
study directly to Indeco without first obtaining quotes from
other consultants. There may be another firm available that
will do the same work at a lesser price, and there may be a
firm that has better qualifications. Furthermore, the delay
created by obtaining quotes will not substantially impact the
project time line.
D. SUPPORTING DATA:
Aquatic conter concept plan; Feasibility study description;
Graph showing impact of aquatic center debt on existing debt
load; Aquatic center preliminary budget; Letter from Indeco
regarding feasibility study cost proposal; 5 -year capital
plan.
20
C',
SITE AREA - 3 ACRES
PARKING - 100 stalls
BICYCLE .RACKS
r TABLE wxw.&,:EuA
0
00
0
CONCESSMS DECK
Y�
FUNBRELLA
X sum DrEc R
irZ4
SHADE DECK K
A*
7.
DUMP SLgxS
WATER SLIDE
OUTDOOR UGHTING
0
C
FEASIBILITY STUDY DESCRIPTION -- AQUATIC CENTER
MONTICELLO, MINNESOTA
1
2
3
AQUAFEAS.DES: 1/10/92
Summary
Statement of Understanding
Scope o f work
i1r 2.f..
Pago 1(D
C�
SECTION 1
SUMMARY
This proposal is submitted to the City Council of the City of
Monticello.
Proposers
Indeco, a civil and environmental consulting engineering firm, and
Thomas Schaffer of Associated Pool Builders are combining their
experience and expertise to prepare a feasibility study for a pool/
aquatic center for the City of Monticello, Minnesota.
Desiqn Approach
The work plan breaks the study into six phases, which is in turn
further broken Into work tasks. The completion of all phases will
result in a recommendation of the project's size, configuration
complexity, location, construction costs, and operating cost and
anticipated revenues.
Schedule
The study team will complete the feasibility study in six weeks.
Fee
The proposed fee for the project is $10,000.
AQUAFEAS.DES: 1/10/92
Pago 2 0
SECTION 2
STATEMENT OF UNDERSTANDING
It is our understanding that the City of Monticello may ultimately
construct an outdoor aquatic recreational facility. To assist in
that goal, we further understand the necessity of a feasibility
study regarding the aquatic recreational facility. The feasibility
study would address the following general issues:
- Assessment of program needs
- Site assessment and recommendation
- Preliminary facility design
- Facility cost analysis
- Operational costs and revenues
The above issues are discussed under specific phases described in
Section 3 - Scope of Work.
Indeco will perform the tasks generally relating to the following
areas:
Site analysis
Pool and equipment design
Utilities
C onstructiun and operating costs
Program needs
Bath house and other building needs
Site and circulation
- Graphic presentations
Mr. Tom Schaffer will perform tasks generally related to the
following areas:
- Pool equipment options and selections
- Pool construction
- Operation and chemical costs
- Current aquatic or pool trends and direction
Schedule
The study team is prepared to bogin immediately on the project.
Based upon the scope of work as proviously set forth, we offer the
following schodulo:
Phases 16 II: Two (2) weeks
Phases III 6 IV: Three (3) weeks
Phases V 6 VI: One (1) week
CThe total time is estimated to be six (6) weeks.
AQUAFEAS.DES: 1/10/92 Page 3 / ,yl
C.
Fee
The fee for the preparation of the study and all drawings and
graphics as previously described will be made in two payments, the
first payment in a sum of $3,500 upon completion of Phase III, and
the remaining sum of $6,500 to be paid within 30 days of the
completion of the study. 71.t -td: +^. sk--lt 010, -00 -
The fee for the feasibility study includes the following items:
- Labor costs
- Expenses --telephone, reproduction, travel, postage,
6 deliveries
- Overhead and administrative costs
We will provide ten (10) copies of the study to the task force.
Additional copies will be charged for the cost of printing.
AQUAFEAS.DES: 1/10/92
Page 4 0
C
SECTION 3
SCOPE OF WORK
General
The scope of work of the feasibility study as presented within this
proposal consists of the following phases:
Phase I: Review of existing data
Phase I1: Assessment of program needs
Phase III: Site assessment and recommendation
Phase IV: Preliminary facility design
Phase V: Operational and construction costs
Phase VI: Conclusions and recommendation
Task Description:
Each of the phases consists of a number of work tasks. The
following task descriptions are a means to describe smaller
elements of the study but in general represent what will be done.
PHASE I - REVIEW EXISTING DATA
Task I - 1 Meet with task force and review project
goals and ideas
Task I - 2 Review survey data
Task I - 3 Roview optional pools studies
PHASE 11 - ASSESSMENT OF PROGRAM NEEDS
Task II - 1 Present aquatic trends study to task force
Task II - 2 Expressed need study
Task II - 3 Goneral cost/scope of capability analysis
Task II - 4 Set basic program parameters
PHASE III - SITE ASSESSMENT AND RECOMMENDATION
Task III - 1 Investigate and visit previous site
options and any now options
Task III - 2 Analyze site conditions vs. program needs
and parameters
Task III - 3 Identify primary and secondary sites
AQUAFEAS.DES: 1/10/92
page 5 (D
l PHASE IV - PRELIMINARY FACILITY DESIGN
Task IV - 1 Incorporate program with primary site
Task IV - 2 Select and develop pool shape and pool
features, including wading pool and main
pool
Task IV - 3 Select and identify equipment and systems
for filtration and circulation
Task IV - 4 Develop preliminary design and bath
house, equipment rooms, deck layout, and
other major elements
Task IV - 5 Preliminary design of site utilities,
parking, drainage, and other site
utilization options such as ballfields,
picnic area, or observation
Task IV - 6 Prepare preliminary drawings and/or
sketches for public information and
feedback
Task IV - 7 Meet with task force for specific
feedback and preliminary design
conference
PHASE V - OPERATIONAL AND CONSTRUCTION COSTS
Task V - 1 Prepare preliminary construction budget
estimates
Task V - 2 Prepare annual mechanical operational
costs such as power and chemicals based
upon equipment and systems elected in
Preliminary Design - Phase IV
Task V - 3 Develop projected annual revenue levels
based upon attendance and associated
operation and maintenance costs,
including labor for guards and
administration
PHASE VI - CONCLUSIONS AND RECOMMENDATIONS
Task VI - 1 Prepare final study draft
Task VI - 2 Moot with task force for discussions and
recommendations for proceeding with
project
C
AQUAFEAS.DES: 1/10/92 Page 6 6D
C
Work Plan
The work will be performed under the coordination of Richard
Greenlee located in the Indeco office.
AQUAFEAS.DES: 1/10/92
Page 7 0
AQUATIC CENTER DEBT IMPACT
1.5 MRAION - 15 YEARS- 6% _
90 91, 92 93 94 95 96 97 98 99 2000
1987 1lIn0U611 2000
* AOUA7IC DEBT IMPACT
Debt service' an 'projects already completed is dropping due'ta
completion of debt repayment as with projects completed
in the late 197018. Adding aquatic center debt to *the existing
debt will rasult in a *light cedoction in the pace of the overaii
debt retirement.,
Plsase'note thea except for 1992. debt associated with *that
competing projects has not been incorporated into this chart.
t
U,9 -
M
P.
6�
q°
0�1 v
o
y.
o.r -
0.6 -
1987 88. 89
��---
CURRENT Of. -Of InAD
90 91, 92 93 94 95 96 97 98 99 2000
1987 1lIn0U611 2000
* AOUA7IC DEBT IMPACT
Debt service' an 'projects already completed is dropping due'ta
completion of debt repayment as with projects completed
in the late 197018. Adding aquatic center debt to *the existing
debt will rasult in a *light cedoction in the pace of the overaii
debt retirement.,
Plsase'note thea except for 1992. debt associated with *that
competing projects has not been incorporated into this chart.
C
PROPOSED
MONTICELLO
AQUATIC CENTER
MONTICELLO, MINNESOTA
PRELIMINARY
BUDGET AMOUNTS
JANUARY & Iui_'
POOL (6400 SF) EOUIPMENT & STRUCTURE
S 465,000.00
SLIDE - 200'
120,000.00
WATER FEATURES
60,000.00
SUN SCREENS
20,000.00
FENCE
20,000.00
WET SAND POOL
60,000.00
VOLLEY BALL
30,000.00
DECK
40,000.00
BENCHES
10,000.00
SUB TOTAL - POOL $625,000.00
BATH HOUSE (3300 SF) WITH CONCESSION &
PUBLIC RESTROOMS
250,000.00
MECHANICAL
75,000.00
ELECTRICAL R OUTDOOR LIGHTING
75,000.00
SUB TOTAL - BATHOUSE
$ 400,000.00
PARKING, SIDEWALKS & LANDSCAPING
100,000.00
SUB TOTAL - SITEWORK
$ 100,000.00
ENGINEERING
$ 100,000.00
CONTINGENCIES
75,000_00
TOTAL PRELIMINARY BUDGET _$_I 500,
8
Professional Civil Structural and Environmental Engineers I n rie c o
f aMWE5177TH STREET - SUITE 140 - EDINA_PAN 554)5 6121831.11311100-1
6121531 - 108.1 IFe MI
2977991W,)
January B, 1991
Mr. Jeff O'Neill
Assistant City Administrator
City of Monticello
Monticello, Minnesota
Re: Proposed Monticello Aquatic Center
Feasibility Study
Dear Jeff:
We are presenting you and the Parks Commission a Preliminary Layout
of an Aquatic Center than contains the basic elements and costs
discussed with you and the Commission at recent meetings. The site
used was the approximate 3 acre site on Fourth Street. The layout
represents a "General Scheme" for information only, not a
Preliminary Design.
To proceed any further 1 would suggest we be retainod to prepare p
a Feasibility Study for a lump sum not to exceed $10,000. The
general topics to be covered in the Study are as follows:
PHASE I - Review Existing Data and Commission Interview
PHASE II - Assessment of Program Needs
PHASE III - Site Assessment and Recommendations
PHASE IV - Preliminary Facility Design
PHASE V - Operational and Construction Costs
PHASE VI - Conclusions and Recommendations
We anticipate the above work would take approximately six (6)
weeks. If additional work or effort regarding project funding or
a vote referendum is required, we could also provide thorn
services.
Thank you for the opportunity to meet with you and we look forward
to workig with u"and the community.
Ve y t ly rs,
4"41e -ad 'M.�Croonlee, P.E.,
President
cc: Mr. Dick Frio, Chairman, Parks Commission
vou
DRAFT CAPITAL DA' 1VEMENT PLAN
L j
Year Constructed
Ilom/Purpose
1992
1993
1994 1995
1996
1997
1 Information Kiosk -Lip. Sloe Grounds
95.000
2 west Bridge Park Warm Ing HouselSkatmg
160.000
3 Lighted Ban Fields LeaserPumhase pgm
/B0.000
4 Chamber Olhce LandscaipinyBlag Repair
13.000
5 City Hall Parking
M.000
6 School Blvd - School Section
400.000
7 Storm Sewer - Han Boulevard Outer
1750,000
8 Interchange, Storm Poral • 1 t S/Frooway
40.000
9 Cardinal Hills Park
63,000
10 Meadow Oaks Park - Oull01 A
610,000
11 Paved Bike Trails - RR Trltke/Othor I
630.000
12 Tonnle Court Lights
620.000
13 Munlclpal Pool
$1500.000
14 Snow Plow
660,000
15 City Hall Expansion - Short-term
675,000
16 Public Werke Oerage/Facllny
6500.000
17 Oechlalnetion - WWTP
6100.000
'16 Igollborg E7tonslon of Sow
6120.000
'19 Slim Sow- Rodl•Mlx/fiR ltacka/Krautbauw
6150,000
-20 Storm Sower - Nonh Cnobu/Froo.ray
6150.000
21 Pavod Bike Tralle -RR Tgcks/Othor 111
130,000
22 Jot Machine
105,000
'23 Dundee Rd- 11710 Holy 251nierawlion
1250.000
24 Paved Bike Trails - RR Irafka101hor IV
630.000
25 City Hall Expansion
6510.000
26 Sovonlh Street -Fallon to nB
$480,000
'27 Seventh Start - Mmnasses to Cl.
6220.000
26 Paved Dlke lralls - RR IIKk1/OIh01 V
630.000
29 Cholam Park - Gly-Ande Use
6150,OOD
'30 Dundas Trunk Line
6100.000
'31 Meadow Oaks Btam Wale Oullol
6200.600
32 Paved Bike Till -RR lrltlka/Othor VI
690,00D
33 Wastewater lreatmenl Plant Evansion
62.500.000
'34 School ONO- tpellosrp Wlon
6250,000
'35 W. Rvr 61.MbICrOEI•MOl0aw/ SIWM,m
61,200,000
'30 Fallon Avenue Overpese
61,400,1100
'37 Dan. Sewer - MN Ave Across Resway
6200A00
'36 School Blvd - Klein Sectim
6250000
TOTAL
1876.000
62,715,000
1345,000 61.240.000
480.000
95,830,000
' PI OJOCIII likely to be finwasid at least 50% via user ton or assessments or
Other nen-ad valorem revenue Wurc O,
I
Council Agenda - 1/13/92
9. Consideration of adopting a resolution ordering Preparation of
School Boulevard feasibility study. (J.O.)
REFERENCE AND BACKGROUND:
The City of Monticello recently received a petition from the
Monticello School District requesting construction of School
Boulevard, which is a proposed section of roadway connecting
Fallon Avenue to County Road 118 along the southern boundary
of the 120 -acre parcel owned by the School District. This
petition has been expected, and the two major property owners
affected (School District and the Value Plus developers) are
under the understanding that they will be paying for the
entire cost of the project except that portion attributed to
roadway oversizing necessary to serve the city at large.
It is proposed that the scope of the feasibility study be
established to include examining two options for roadway
design. One option includes development of a rural section,
which would include the use of ditches to convey storm water.
The other design alternative would include installation of
curb and gutter or an urban section, which would also include
the need to develop some storm water facilities. The pro's
and con's regarding each design alternative in terms of cost
and benefits will be outlined in the feasibility study. In
the next few weeks prior to formal review of the feasibility
study by Council, City staff, the School District, and Value
Plus developers will be working toward development of a
proposed plan for financing the roadway.
If Council orders the feasibility study, work on it will begin
Immediately, and presentation to Council should occur at the
regular meeting of the Council on February 10, 1992.
B. ALTERNATIVE ACTIONS:
Motion to adopt a resolution authorizing School Boulevard
feasibility study at an estimated cost of $3,000 and
direct staff to inform the School District that they will
be charged for the feasibility study in the event the
project does not proceed in 1992.
Under this alternative, the City Council accepts the
petition from the School District and orders the project
to move forward through preparation of the feasibility
study. The School District would also be reminded that
In the event the project is not done in 1992, then the
School District would be asked to pay the City the cost
to conduct the study.
Council Agenda - 1/13/92
If the project proceeds after the School District has
paid the entire feasibility cost, then said expense shall
be credited to the School District, and the cost would
then be incorporated into the assessment roll.
2. Motion to deny adoption of a resolution authorizing
preparation of School Boulevard feasibility study.
I f Council is not convinced that a roadway is necessary
at this time, then Council could deny authorization to
proceed.
It may not make sense to select this alternative given
the fact that the School District is willing to finance
the cost of the feasibility study even in the event the
project does not proceed. Information obtained in the
feasibility study is necessary in order to make a
determination as to whether or not it makes sense to go
forward with construction of the project.
STAFF RECOMMENDATION:
Staff recommends that Council adopt the resolution authorizing
School Boulevard feasibility study. Staff recommends that
Council select alternative #1. There is minimal risk to the
City in preparing the engineering data necessary to make a
decision on whether or not to move forward with development of
this roadway. In addition, the School District has indicated
a strong need to develop this roadway at this time, and the
Value Plus developers have Indicated no objection to the
roadway. The information contained in the report will enable
tho City to determine whothor or not to build an "urban" or
"rural" section and will enable development of a plan for
financing the project.
SUPPORTING DATA:
Aroa map showing School Boulevard, Value Plus development site
(Cardinal Hills), and School District property; Copy of
resolution; Copy of petition.
C
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ur§ `FUTURE SCHOOL BLW, PROPOSED SCHOMPHASE I PMEN! AREAIHILLS
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9
RESOLUTION 92 -
RESOLUTION DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF FEASIBILITY REPORT
BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA:
1. A certain petition requesting the improvement of School
Boulevard between Fallon Avenue and County Road 118 by
Monticello School District filed with the Council on
January 6, 1992, is hereby declared to be signed by the
required percentage of owners of property affected thereby.
This declaration is made in conformity to Minnesota Statutes,
Section 429.035.
2. The petition is hereby referred to Bret Weise of Orr-Schelen -
Mayeron 6 Associates, and he is instructed to report to the
Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is
feasible and as to whether it should best be made as proposed
or in connection with some other improvement and the estimated
cost of the improvement as recommended.
Adopted by the Council this 13th day of January, 1992.
City Administrator
C
Mayor
9
PETITION FOR LOCAL IMPROVEMENT & FEASIBILITY STUDY
/ TO THE CITY COUNCIL OF MONTICELLO, MINNESOTA
I (we), the undersigned owner(s) of the property described below
petition for a feasibility study pursuant to Minnesota Statutes,
Chapter 429 (local Improvements), special assessments, for the
following improvements:
Please indicate with an "x" the improvements requested.
sanitary sewer
water
storm sewer
bituminous surfacing
curb s gutter
street lighting
I (we) agree to pay 1008 of the cost of the feasibility study. I
understand the City Council may pro -rate the cost of the
feasibility study attributable to my property if the scope of the
study pertains to other benefitting roperty owners.
Description of property:
c
�'t'-. �.. �- �ii'� , W✓ Com✓ ' i
Signature of owners:
. �IT�j
Pq,
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D
Council Agenda - 1/13/92
te, Consideration of approving the Monticello Joint Fire
Department enterinq into a contract with the City of Otseqo.
(R.W.)
REFERENCE AND BACKGROUND:
About a month ago, representatives of the City of Otsego
inquired as to the feasibility of the Monticello Fire
Department servicing part of the City of Otsego. A few years
ago, the City of Monticello provided service to a small area
at the western end of Otsego Township, but in recent years
Otsego has contracted with Elk River and Albertville for fire
protection.
The City of Albertville had notified Otsego that it intended
to substantially increase its cost of providing fire
protection because of its need to acquire additional equipment
and new facilities. Because of the large increase in cost,
Otsego representatives met w 1th the Monticello Joint Fire
Board to discuss Monticello's interest in servicing a portion
of the City of Otsego. Initially, Otsego wanted the City of
Monticello to cover all of the territory previously covered by
Albertville Fire Department, but it appeared that some of the
area requested was quite a distance from Monticello, and it
did not appear that we could provide an adequate level of
service because of the distance. During our joint meeting,
the fire department felt that if the City of Otsego would like
us to service the western portion of their city limits, with
Elk River providing service for the balance, the department
felt comfortable in this arrangement. As a result of our
meeting, we agreed that our fire department could provide
coverage up to County Road 19 adoquately and indicated that
our charge for this service would be similar to our contract
In effect with Silver Crook Township at $25 per parcel.
The Joint Fire Departmontcurr.ent.ly has a contract with Silver
Crook Township that expires December 31, 1992, and established
the rate at $25 per parcol. This was a throo-year contract
and will be renegotiated at the end of this year. Sinco the
cost for servicing Silver Crook was appropriate, the Joint
Fire Board recommended a similar charge for a portion of
Otsego with our coat to be re-evaluatod this fall. Within the
ton sections of land covered by our proposed contract, 267
parcels currently exist, which would make the annual charge
$6,675. Based on past experience, this aroa is not expected
to have more than six to eight firos in a year. The aroa
proposed in the contract in many cases is closer to Monticello
than portions of Silver Crook Township we have covered for
years. In addition, the City of Monticello has a mutual aid
agrooment with Elk River Fire Department and with the City of
Albertville should a major problem ariso.
23
Council Agenda - 1/13/92
It remains to be seen if this contract will remain a long-term
arrangement with Otsego in that the Albertville Fire
Department may have a change of heart and be willing to
negotiate in the future. The City of Albertville presented an
ultimatum to Otsego that basically said "take it or leave it";
and because of the doubling in cost, Otsego chose to arrange
contracts with Monticello and Elk River. So that Otsego was
not without coverage, the Monticello Fire Department has been
providing coverage as of January 1, and the City Council of
Otsego, along with Monticello, will be considering
ratification of the contract January 13. The contract
proposed is identical to the one utilized with Silver Creek
Township, and the arrangements have been approved by the Joint
Fire Board along with the fire department representatives.
B. ALTERNATIVE ACTIONS:
1. Approve entering into a contract with the City of Otsego
for fire protection as outlined on the enclosed map. The
annual charge is estimated at $6,675 payable in four
quarterly installments.
2. Do not approve entering into a contract arrangement.
C. STAFF RECOMMENDATION:
After the joint meeting was held with Monticello Joint Fire
Board and City of Otsego representatives, all parties agreed
that the City of Monticello could provide adequate service for
the western portion of Otsego. Reasonable access is provided
by County Road 39 and I-94 in a reasonable response time. The
current fee of $25 per parcel has been calculated to be
adequate compared to the Silver Creek Township contract, and
our cost will again be recalculated at the end of this year
should Otsego continue this arrangement. It should be noted
that the City of Otsego requested our services, and the ,Joint
Fire Board made it clear that we did not want to cause
problems with the City of Albertville, nor are we attempting
to expand our area in competition with other fire departments.
The fire department felt comfortable with the area outlined,
as a portion of this area was previously under contract with
Monticello.
D. SUPPORTING DATA:
Copy of letter from Otsego; Map outlining area; Proposed
contract.
24
CITY OF
OTSEGO
December 30. 1991 ON THE GRSAT RIVER ROAD
Mr Rick Wolfsteller, Adm.
City of Monticello
250 E Broadway
Monticello, MN 55362
OF� FIRE SERVICE FOR OTSEGO W/MONTICELLO
M 9" RIVER FIRE SERVICE DISTRICTS
Dear Mr Wolfsteller:
As per our phone conversation of 12-24-91 and 12-30-91, I am
writing this letter as a follow-up in regards to
Otsego/Monticello Fire Service District and Otsego/Elk River
Fire Service District.
I am enclosing a map of the area covered by Monticello and
Elk River. As we discussed, the area covered by
Albertville previously, is being covered by Monticello and
Elk River as of January 1, 1992 With the area East of Wright
Co Rd 019 being serviced by Elk River Fire Department and the
area West of Wright Co Rd 019 being serviced by Monticello
Fire Department.
I have also talked by phone to Sheriff Don Mozemps on
12/24/91 regarding these fire ser vice changes and I am also
enclosing a copy of this letter and map to him.
Please be advised that as per our conversation, we agreed to
have this letter serve as a contract beginning the first of
January 1992. until we can get a contract signed by both
Otsego and Monticello and Elk River's contract when due.
As we discussed. our Council's both meet the some night.
January 13, 1992 and at that time we can each discuss the
contract with Monticello. If you have a standard contract
that you use for firs service in Monticello, please forward a
copy to me and I will bring it to Otsego's Council.
Thank you for all your help in this matter.
Sincerely .
CIT OF OTSEGO
Elaine Beatty. a
Deputy Clerk/Zoning Adm.
PC: Jerry Wein. Fire Chief
Otsego Mayor and Council �0
13474 N.E. 95th SApr i 1t Ho2MR&t. MN 55330 • (612) 441-4414 • Fax: 441.
TOWN OF OTSEGO TRANSPORTATION PLAN
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C
FIRE PROTECTION AGREEMENT
This AGREEMENT between the City and Township of Monticello, Minnesota,
hereafter referred to as the JOINT FIRE DEPARTMENT, and the City of
Otsego, hereafter referred to whether in whole or in part as the CITY,
both agree as follows:
ARTICLE I
The JOINT FIRE DEPARTMENT agrees to furnish fire service and fire
protection to all properties subject to the terms of this agreement,
within the CITY area, said area being set forth in EXHIBIT A, attached
hereto.
ARTICLE II
The JOINT FIRE DEPARTMENT will make a reasonable effort to attend all
fires within the CITY area upon notification of such fire or fires,
and under the direction of the JOINT FIRE DEPARTMENT fire chief,
subject to the following terms and conditions:
Road and weather conditions must be such that the fire run
can be made with reasonable safety to the firemen and
equipment of the JOINT FIRE DEPARTMENT. The decision of
the fire chief or other officer in charge of the fire
department at the time that tho fire run cannot be made
with reasonable safety to firemen and equipment shall be
final.
The JOINT FIRE DEPARTMENT shall not be liable to the CITY
for the loss or damage of any kind whatever resulting from
any failure to furnish or any delay in furnishing firemen
or fire equipment, or from any failure to prevent, control,
or extinguish any fire, whether such loss or damage is
caused by the negligence of tho officers, agon ", or
employees of the JOINT FIRE DEPARTMENT or its fire
department, or otherwise.
ARTICLE III
The JOINT FIRE DEPARTMENT further agrees:
To keep and maintain in good ordor at its own expense the
necessary equipment and fire apparatus for fire service and
fire protection within the town area so serviced.
The JOINT FIRE DEPARTMENT shall provide sufficient manpower
in its fire department to opo rate firo equipment.
PROTECT.AGR: 1/8/92
Page (60D
ARTICLE IV
The CITY agrees:
A. To pay an annual fee of $25 for each tax identification
parcel as determined by the Otsego City Assessor and/or
Wright County Auditors office for year 1992. These fees
shall include all standby charges and fire call costs.
The total annual fee is estimated to be $6,675 based on an
estimated 267 parcels @ $25 each.
B. Annual fee shall be paid as follows:
prior to January 1 of each year - 258
prior to April 1 of each year - 258
prior to July 1 of each year - 258
prior to October 1 of each year - 258
C. All payments must be made in accordance with this schedule
to render this agreement effective for calendar year 1992.
D. The JOINT FIRE DEPARTMENT will submit a summary to the City
of all fires on a monthly basis.
ARTICLE V
In case an emergency arises within the JOINT FIRE DEPARTMENT while
equipment and personnel of the fire department are engaged in fighting
a fire within the CITY area, calls shall be answered in the order of
their receipt unless the fire chief or other officer in charge of the
fire department at the time otherwise directs. In responding to fire
calls within the CITY area, the fire chief or other officer in charge
shall dispatch only such personnel and equipment as in hie opinion can
be safely spared from the JOINT FIRE DEPARTMENT.
ARTICLE VI
In cases where the JOINT FIRE DEPARTMENT receives a notification of
an emergency other than a fire, and its assistance is requested in the
area defined In Exhibit A of this contract, it shall respond to such
emergency In the same manner as a fire as outlined in this contract.
Charges for such sorvice shall be as outlined in ARTICLE VI.
ARTICLE VII
The CITY agrees to make a fire protection tax levy or otherwise to
provide funds each year in an amount sufficient to pay the JOINT FIRE
DEPARTMENT the compensation agreed upon.
PROTECT.AGR: I/B/92
Page 2
�b
ARTICLE VIII
l This AGREEMENT shall be in force for a term of one year beginning on
January 1, 1992, and ending on the 31st day of December, 1992. This
contract may be terminated upon a six-month notice by either party.
CI
CITY OF MONTICELLO CITY OF OTSEGO
By: By:
Mayor Mayor
Attest: Attest:
Clerk Clerk
Signed this day of Signed this day of
1992. , 1992.
TOWNSHIP OF MONTICELLO
By:
Chairperson
Attest:
Clerk
Signed this day of
1992.
3
PROTECT.AGR: 1/8/92 PCgo
EXHIBIT A
This EXHIBIT is a part of the attached FIRE PROTECTION AGREEMENT, and
its purpose is to designate the area covered under this AGREEMENT and
referred to herein as the CITY area. Therefore, the CITY area in
which protection for fires is agreed to involves the following
sections of the CITY herein:
Area: No.
of Parcels
Range 24
Unplatted Areas
Section 10
4
Section 14
29
Section 15
29
Section 22
13
Section 23
18
Section 26
21
Section 27
10
Section 34
27
Section 35
7
Plats:
Island View Estates
93
Arrowhead Estates
4
Billstroms Riverview Addition
8
E-2 View Hills
4
TOTAL NO. OF PARCELS
267
CITY OF MONTICELLO
CITY OF OTSEGO
By:
By:
Mayor
Mayor
Attest:
Attest:
Clark
Clerk
TOWNSHIP OF MONTICELLO
By:
Chairperson
Attest:
Clark
C.
PROTECT.AGR: 1/8/92
Pago 4
0
Council Agenda - 1/13/92
ii. Consideration of a change in seoQe of services provided by
Professional Services Group at the City's wastewater treatment
Dlant due to increased flows and loadinqs. (J.S.)
REFERENCE AND BACKGROUND:
Our contract with Professional Services Group requires them to
pay all costs for operation of the wastewater treatment plant
based upon base loadings of 500,000 gallons of flow per day
plus or minus 204, 1,820 pounds of BOD per day plus or minus
154, and 1,100 pounds of total suspended solids per day plus
or minus 154 based upon a 12-mornth moving average. The plus
or minus 154 to 204 figures represent a change of scope when
they are exceeded. For example, when the flow exceeds 208
higher than 500,000 gallons per day (o- 600,000 gallons per
day), a change of scope of services has occurred, and PSG can
request additional compensation. Conversely, should the flow
drop below 400,000 gallons per day, a change in scope of
services has occurred, and the City can request reduction of
the contract with PSG.
During 1991, the flows and loadings to the treatment plant
tripped all three of the contract triggers. The organic and
solid loadings to the treatment plant (BOD and TSS) are mostly
attributable to increased loadings from Sunny Fresh Foods,
Inc. The flow of wastewater, however, is believed to be
attributable to overall Increased usages by both residential
and commercial properties and infiltration of ground water
into our sanitary sewer system. Increased flows to the
wastewater treatment plant resulted in additional
investigation of our sanitary sewer collection system over the
past several months. This information will be presented in
another agenda item.
Since the recognition of a change in scope of services
occurred at the wabLeWater treatment plant, we have been in
negotiations with Professional Services Group to look at the
actual cost or effect of those increases on the operations at
the plant. While the organic and solids loadings to the plant
increased significantly, PSG was able to absorb those costs by
changes in operations. The effect, however, of the increased
flows to the wastewater treatment plant were not as
manageablo, and cost increased proportionately to the flow
increase. For 1991, the additional cost for electricity for
the inc roased flows resulted in an additional charge of
$1,326.49.
11acnuse the average flow at the wastewater treatment plant is
currently at 600,000 gallons per day (the contract trigger),
it was felt that It would be best to adjust the contract to a
higher figure for flow. Even if we were able to control some
25
Council Agenda - 1/13/92
of the infiltration in our sewer collection system, we would
leave little room for growth in the contract and would be
exceeding the scope of services again in the very near future.
It was, therefore, decided that the new base of the contract
should be modified to 600,000 gallons per day plus or minus
208. This would mean the new high contract trigger would be
720,000 gallons per day. To change the contract to the new
figures, PSG is requesting $2,210 for additional electrical
usage and $335 for additional chlorine to be added to the
wastewater for a total of $2,545 per year.
In addition to the above contract changes, some modifications
have been made to the way snow removal is handled at the
wastewater treatment plant. Contract language changes should
be made to cover the new operational procedures. In the past,
the City of Monticello Public Works Department plowed the
driveway and parking areas at the wastewater treatment plant
and provided a tractor/snowblower for PSG's use to clean other
areas at the plant. A couple of years ago, we transferred a
1984 Dodge pickup with snowplow to the wastewater treatment
plant to replace a 1978 GMC pickup. Since our contract called
for us to provide PSG with a tractor -mount snowblower for
cleaning the small areas, this coupled with the pickup allowed
them to do all of the normal snowplowing at the facility
themselves. The City went in to sand periodically and once in
a great while pushed back the larger piles of snow.
This year PSG requested that we provide a walk -behind
snowblower rather than the 4 -wheel drive tractor blower. They
felt that the pickup coupled with a walk -behind snowblower
would allow them to do the job more efficiently, and they
would not need the tractor blower. Consequently, we purchased
a small Honda snowblower, and PSG paid for 258 of the purchase
price, and we no longer leave the 4 -wheel drive tractor
snowblower at the plant. The new contract language basically
updates the snow removal operations at the plant and is
enclosed for your review.
Contract language changes should also be made to delete
specific cost data for change in scope duo to flow and
loadings. The data in the contract proved to be accurate this
year, and It Is in our boat interest to delete same. The
proposed language is included for your review.
Staff would also like to take this opportunity to update the
Council on the sower and water enterprise funds and the
existing rate structures. For the water fund, year-end
figures Indicate the fund is $12,000 under budget, so we
expect a surplus In operations from 1991. For the sowor fund,
/ Including both the "collection system" and "plant and lab,"
operation and maintenance costa for 1991, including the change
26
Council Agenda - 1/13/92
Of Scope from PSG, totaled $ 424,300. Nineteen Ninety -ane
(1991) revenues are expected to exceed this amount, leaving us
with a positive fund balance of $34,430, or about 8.18 of the
overall 0 & M budget, entering 1992. For 1992, the "sewer
fund budget," including the change of scope costs for PSG as
well as standard contract increases, is set at $441,046.
Utilizing the existing rate structure and assuming Sunny Fresh
Foods will reduce their loadings to the wastewater treatment
plant by one-third (they are currently investigating methods
by which to accomplish this), the fund will generate about
$12,256 less in 1992 than operations, which will cut our
surplus to $22, 174 or about 58 • of O & M costs. It is possible
In the future that we should consider a rate restructuring for
the sewer fund. However, until we have some stable
Information from Sunny Fresh Foods, we do not have any good
data to base a rate restructuring on; consequently, it may be
best to leave the sewer rates alone at least for 1992.
B. ALTERNATIVE ACTIONS:
1. The first alternative is to recognize the change of scope
In services for Professional Services Group and agree to
reimburse them $1,326.49 for 1991 and modify the base
contract figure for flow to 600,000 gallons per day at an
increased annual cost of $2,545 and, further, to modify
the contract language to raflect the current snow removal
operations at the wastewater treatment plant.
2 . The second alternative would be to further negotiate the
change in seopo of services at the wastewater treatment
plant and not make language changes reflecting change in
snow removal operations.
C . STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public
Works Director that the City Council recognize the change in
scope of operations at the wastewater treatment plant and
reimburse PSG as outlined in alternative #1 and to make the
contract language changes as also noted in alternative 01. It
is our opinion that the actual increases represent the actual
cost increases incurred by PSG and no more and, further, that
the contract language changes regarding snow removal will
benefit the City of Monticello by no longer having to provide
routine snow removal and a tr actor-mountod snowblower at the
wastewater treatment plant.
D. SUPPORTING DATA:
e/ Copy of letter from PSG requesting change in scope of services
Uti
Cor their contract; Copy of contract amendment.
27
PROFESSIONAL
SERVICES UI
1/7/92
Mr. John Simola
Public Works Director
City of Monticello
250 Fast Broadway
Monticello, MN 55362
RF Chnngc of Scope for Ftow, reimbursement for 1991 and
adjustment. of the contract to .600 MGD for 1992.
John;
As you are aware. we tripped the contract loadings triggers for
BOD, TSS, and Flow to 1991. PSG has Agreed to disregard for now
the ROD and TSS triggers AN no significant increases In cost have
been identified, AL present: lends, attributable to these
parameters.
Addltlonnl elr.gt.ri.nl coats hnvo been experienced primnrt.ly due to
pumping of 1Ltq.r.•n4ed Flow And nddil.lonnt neral.ion necessary because
of decreased det.ent:lon tames to the aeration bnsln. The following
Addresses changes nLtr.thatabie onl,v to increased flow.
In 1991., nn nverAµp of 73,813 l(W11/mo. worn used at the treatment
faci.tity as oppomed Ln 69,704 inidgeted at. .500 MGD for 1990-91.
Thp difference prr mo alit is 4109 KWII. By contract, At Lhe 1990
rate for el.cctricity of S.02119 per KWII, wn Are aslting reimbursement
of 81323.49 for 1991 for ad(Ittiounl. electrical usage for flow
hnndlIng.
For 1992, it seems the ln!sL way of handling our present situnLion
with respect to flaw would be Lo mijust the contract flow rage to
.600 MOD. 'flip new high trigger would become .720 MGD. 1f Inflow
And i6filtritt](m) at,(- controlled, 11, is unlikely that. we would reach
the new high Lrigger In the remaining term of this contract without
significnnL residential or net Industrial influence.
As we have discnnsed, this chnnge woW d require contrnct nmendmenL
ns follows; Appendi.•t t•.4 woAld change to .600 Million Caller's per
DAY Flow. Article 1.4 would chnnge 1.n ...up to n maximum of 86.0110
KWII of nner8y•••. Ana the allowed budget. for elerl.rlcity would
Incr•enso by $2210 for KWII And KW demand comhiued. In Addition,
montlosllo Wsstswatar Treatment Plant
14011 fart Blvd.. Miwtit. ello. Mmner�ls 55162 rh. (612)295.2225
chlorine needed to Lvent, .600 MGD at, Lhe same dosage
(concentratiorl) would incl -case by $335 annually for a t.oLal annual
Increase in cost, for flow of $2545.
If you have questions, call.
Sincerely yours,
Kelsie McGuire -
cc L. Breimititrqt.
/ C/
Un
0
IVA
AGREEMENT FOR OPERATIONS AND
MAINT•IiNANCE SERVICF,S FOR TILE
MONTICELLO WASTEWATER TREATMENT FACILITY
AMENDMENT 2 (EFFECTIVE 1/1/92)
This agreement is mane this ifay of , 1992 between
the City of Monticello, Minnesotn ("City"), and Professional
Services Group. Inc. ("PSG").
NOW 'I'llEREFORE, the pnt•Lies agree to mnke Lite following changes Lo
Lite original "AHrecment for Opernt.ions and Maint.ennnre Services for,
Lite MonLicellu Wnst.ewat.er Ti,ent.menl. Facility" dated December 7,
1989:
ArLicle 4.4
Delete Lite second and Lhird sentences and inserL new
sentences as follows;
The additional cumpcnsntion will be cnivnl.nLed bnsed upon
the act.ual usage alp to n mnximum of 8,940 pounds pet• yens•
of chlorine, up to n maximum of 80,000 KWII of energy nrid
184 I(W of demnnd per month for electricity, And up to
2,000 I,hcrmx per month for nnt.urnl gns. PSG may invoice
Italy such cusl. increases yunrLerly.
i
Appendix A, Article A.10
Delete and inarrl, new ArLicle A.10 ns follows:
"EIcr:trir;nl Cost" means the mnnl.hly cost, of 80,000 KWII of
energy and 184 KW of demnnd cniculnt.ed uLi1icing NorLhet•n
St.nl,en 1'uwe,r Cumpnny's municipal r•al,r in effect on the
11181. (illy of tire month.
Appendix C, Article C.4
Delete and insert, it new ArLicle C.4 nn follows;
The Eat.imnt.ed Cont.s for services under this Agreement. ore
based upun the. following ProJect Characteristics.
0.800 MlIIIun GnIIons per dny flow
1,82() Pounds per, dny TROD
1,100 l'ounda per dny TSS
Any chnuge_ of LwenLy percent. 120%I for flow or fifteen
porcrnt. 115%) for Tim) or fifteen percent 115%1 for TSS
or more based on n twelve month moving nver•nge, will
conBLitnite n rhnnge of scape. If r_ompenant.lon for the
r.hnngr In ncupe ennnul. Im ngreed upon, nn Independent.
Lhird pnrLy, rnul,,url ly ngreenble Lo 1.110 Cll.y and PSG,
slur)l rn•allist Le at- Lunl conks land recommend rompensnLIoil
for l.hc r-iuurge in sr-npr or servirrem. Thr' rnsl. of the
C indepemlrarl, third pni-Ly shall be eyunlly "lint -ed by Lite
City tariff 1'St7.
Pnge I of 2 O
C.;
Appendix J, Article 2.4
Delete and insert new Article 2.4 as follows;
In the evenL of a major snowfall the Cit}• of Monticello
shall plow the main driveway, the horseshoe driveway off
of lint -t. 11uulevard, and the lower parking lot utilizing
the 11ul, I is Works Department. staff and equipment.. The
Cita• ahs,ll nlSu sand the hill in Lhe main driveway and
use the (:il.y loader and forces to push L)Rck snow banks
wil.hin n rensonable time after request, by PSG. PSG
sbn11 I,c responsible for snow removal in these areas
undar normal suow coudiLious, ns well ns for Snow removnI
in I.he cent rnl area or I.he complex including walkways and
nruand bnilling
s, using a City provided pick-up Lruck
wlt.h plow and a walk behind snowblower. PSG shall be
respous iblr_ for operation, maintenance end repair costs
of this equipment as provided for under PSGs normal Scope
of Sery ices.
Both parties imli.cnt.e their approval of this Agreement by Lheir
sigunLures below and ench party warrnut.s Oint. nl l corporate or
governmenLnl ncl.ioa necessary Lo bind the parties to the terms of
this agreement. have been Laken.
AUTIIOli1%ED S IGNATURE': AUTHORIZED SIGNATURE:
Michnel M. Stump
Prealdell.
PROFESSIONAL SERVICES I;ROUP. INC. CITY OF MONTICELLO
DATE: DATE:
WITNESS: WITNESS:
Page 2 of 2 0
t
Council Agenda - 1/13/92
12• Consideration of making annual appointments. (R.W.)
REFERENCE AND BACKGROUND:
Minnesota Statutes require that at the first meeting of each
new year, certain appointments be made. Attached you will
find a list of the required appointments that may be approved
in one single motion unless the Council chooses to consider
some appointments separately.
a. City Depositories. During the past year, three
official depositories were named, including Wright
County State Bank, Security Financial Savings S
Loan, and First National Bank of Monticello. In
addition, under Minnesota Statutes 239, the Chief
Financial Officer has also been designated the
authority to name other official depositories for
the purpose of investments. Since financial
Institutions not within the city are depositories
for investment purposes only, the official
depositories are usually just the three mentioned
above, and the motion includes the authorization
for the Chief Financial Officer to designate other
depositories when necessary for investment purposes
only.
b. Official Newspaper. Monticello Times.
C. Health Officer. Historically, Dr. Maus has served
as the City Health Officer, and it is suggested
that this appointment simply be renewed annually.
d. Acting Mayor. Annually, one person on the Council
must be stipulated to act as Mayor In the absence
of the elected Mayor. For the past year, Dan
Blonigen has been filling this role.
o. Representatives to Other Multi -Jurisdictional
Bodies. Three appointments are necessary for
selecting the City representative to servo on each
of the following bodies: Community Education
Advisory Board, Joint Fire Board, and the OAA
Board. In the past, the Administrator has served
as the Fire Board representative, and the Mayor has
been the representative on the OAA Board.
Councilmembor Shirley Anderson has previously
served as the Community Education Advisory Board
representative.
28
Council Agenda - 1/13/92
f. Housing and Redevelopment Authority. Annually, one
appointment is required for the Housing and
Redevelopment Authority. A current five-year term
that is expiring has been filled by Mr. Tom
St. Hilaire, who has agreed to continue in this
capacity and has been approved by the HRA committee
in general. The HRA appointments are made by the
Mayor with formal ratification by the City Council.
g. Plan ninq Commission. The Planning Commission is
made up of five members serving one-year
appointments. For the year 1992, all current
members have indicated a willingness to accept
reappointment for another year. Since these
positions are appointed annually by the Council,
the Council does have the latitude to open the
positions up for applications if it desires. A
number of years ago, Cindy Lemm was appointed to
the Planning Commission who is a Monticello
Township resident. At the time the appointment was
made, the City was having difficulty in attracting
applicants for the Planning Commission. Our city
ordinances do not require that a member of the
Planning Commission be a city resident, and it has
been our policy that no more than one non-resident
be on the commission at any given time.
Library Board. The Library Board by ordinance
requires a Mayoral appointment with Council
ratification. Currently, two members of the board
have terms that expired December 31, 1991, one
being Dr. Donald Maus and the other Pat Schwartz.
The previous board consisted of two males and three
females. Librarian Margo Bauer has received
applications from throe individuals who are
Interested in serving on the Library Board.
Applications were received from Diane Jordan, Ruby
Benson, and Duff Davidson. In discussing the
applicants with Marge, she felt that continuing the
makeup of the board with two males and throe
females was a good idea and supported the
appointment of Duff Davidson to one of the
vacancies. Marge also supported the appointment of
Ruby Benson but noted that all applicant a would be
acceptable ( see letters of interest supplied by all
applicants).
1. Rocvclinq Committee. Councilmembor Dan Blonigon
has served on the Recycling Committoo; and if
Mr. Blonigon does not object, it is recommondod
l that he be reappointed to this committee .
29
C
Council Agenda - 1/13/92
j. Economic Development Authority. The Economic
Development Authority is composed of seven members
appointed by the Mayor and confirmed by the City
Council. According to our ordinance that
established the EDA, two members of the committee
shall be members of the City Council. The Council
members that served in this capacity in 1991 were
Brad Fyle and Clint Herbst. The terms of the
office of the two members of the City Council shall
coincide with his/tier remaining term of office as a
member of the City Council. The term of Harvey
Kendall expired December 31, 1991, and Mr. Kendall
has agreed to continue in this capacity if approved
by the City Council.
k. Police Advisory Commission. The Police Advisory
Commission is composed of five members appointed by
the Mayor and confirmed by the City Council, one of
which is a Council member. In February 1991 upon
the establishment of the Advisory Commission,
Councilmember Brad Fyle, along with Warren Smith,
David Gerads, and Curtis Schmidt were appointed to
the newly created commission. One vacancy existed
and was not filled due to a lack of applicants.
City staff was having difficulty in finding
interested applicants for the remaining vacancy,
and recently Mr. Jim Fleming expressed an interest
in serving on a city committee. Mr. Fleming
recently relocated to the Monticello area and is
currently seeking a home within the city limits.
Mr. Fleming is currently an attorney and was a
former police officer. Due to a lack of interest
from recent advertisements for this commission, it
is suggested that Mr. Fleming be appointed to the
vacancy, as he appears to be a well-qualified
Individual for this committee. The ordinance
establishing the Advisory Committee indicates that
one member shall serve for a term of one year, one
member for two years, and two members for a term of
three years. it is suggested that the Council
assign terms to the four individuals appointed; and
in the future, only one vacancy would need to be
reappointed annually. The Police Advisory
Commission will be meeting in the latter part of
January to elect their officers of Chairman, Vice
Chairman, and Secretary.
30
Council Agenda - 1/13/92
Parks Commission.
An ordinance establishing the Parks Commission was
adopted in February 1991; and after advertising for
interested applicants, the Council appointed four
individuals to the Parks Commission in May 1991,
who were Dick Frie, Fran Fair, Bruce Thielen, and
Larry Nolan. Later, the fifth individual, Roger
Carlson, was added by Council approval. The park
ordinance indicates that the members are to be
appointed to staggered terms with no more than two
individuals' terms expiring in the same year. The
term of Fran Fair expired 12/31/91, and the Council
could reappoint Fran to a new three-year term.
The following appointments are not required to be made
annually by statute, but each of them perform services on an
as -needed basis for the City. In the past, the Council has
made a practice of making these appointments along with the
required appointments at the annual meeting.
City Attorney. For most of 1991, Mr. Paul
Weingarden has been our City Attorney. The staff
is continuing to evaluate Mr. Weinga rden's
performance and at this point would recommend
reappointment as City Attorney. Staff members have
experienced some delays in receiving requested
information, and hopefully Mr. Weinga rden's
performance will improve. Should Mr. Weinga rden's
services not meet the staff's expectations, the
City Council may be asked to reconsider seeking a
new City Attorney.
Consulting Planner. Although Dahlqren, Shardlow b
Uban had been the City's planning firm for a number
of years, the City has boon mainly utilizing the
services of Mr. David Licht of Northwest Associated
Consultants this past year. As you may recall, the
City chose Northwest Associated Consultants to
prepare a rovisod comprehensive plan addressing
planning issuos around the Chelsea Road corridor
south of I-94 near the middlo and elementary
schools. Because of this relationship, tho staff
has also consulted occasionally with this firm on
other planning issues. The staff is evaluating the
services of Northwest Associated Consultants and
will be gathering additional Information on their
lovol of services, fees, otc., for general planning
31
E
Council Agenda - 1/13/92
issues and will be presenting this information at a
future Council meeting for Council review. At this
point, the Council may want to wait on making an
official appointment of a City Planner.
3. City Auditor. This is also not required to be an
annual appointment but can be done on an as -needed
basis or by specifications and through the bidding
process. Historically, Gruys, Borden, Carlson 6
Associates (new firm name) has been the City's
auditor; and they have become very familiar with
the City's accounting practices. As City
Administrator, I do not have any problem with
reappointing them to this position. The firm
changed its name to reflect the new partnership
organization.
Consultlnq Enqineer. Since 1975, the City has
retained the firm of Orr-Schelen-Mayeron b
Associates as consulting City Engineer. This
appointment is also not required by statutes but
reaffirms our relationship with this firm. As with
other consultants, the City staff continually
analyzes and evaluates the contract services
provided by our consultants, and all consultants
are utilized on an as -needed basis. As with our
City Attorney, City Planner, and City Engineer, the
Council always has the ability to appoint
additional firms or ro-evaluate appointments at any
time.
The attached sheet as supporting data lists all of the members
of the various commissions and the appropriate appointments,
both required and discretionary, for this year's meeting. The
underlined names are the ones needing appointment for 1992;
and in those cases where a recommendation is not made, the
space has been left blank for that vacancy.
If the Council agrees on recommendations for the two positions
available on the Library Board that are vacant, a single
motion Is all that is needed If there aro no changes to other
appointments underlined.
D. SUPPORTING DATA:
List of appointments needed and current office holders; Three
letters of interest for Library Board vacancies.
32
C
1992 ANNUAL APPOINTMENTS
Official Depositories:
Newspaper --
Housing and Redevelopment Authority:
(5 -year staggered terms)
Planning Commission:
Health Officer:
( 1 year)
Acting Mayor:
(I year )
Joint Commissions:
Community Education:
Fire Board
OAA
Library Board:
(3 -year staggered)
Attorney:
Planner:
Auditor:
Recycling Committee:
Economic Dovolopment Authority:
Enginoor:
Wright County State Bank
Security Financial Savings & Loan
First National Bank of Monticello
Chief Financial Officer -
authorized to designate other
depositories for investment
purposes only.
Monticello Times
1. Tom St. Hilaire 12/96
2. Ben Smith 12/95
3. Bud Schru pp 12!94
4. Al Larson 12/93
5. Everette Ellison 12/92
1. Richard Carlson
2. Jon Bogart
3. Cindy Lemm
4. Richard Martie
5. Dan McConnon
Dr. Donald Maus
Dan Bloniqen
Shirley Anderson
Rick Wolfateller
Ken Maus
1.
Ed Solberg
�:e�
12/93
2.
A C� h�„
12/94
3.
Mary Jane Puncochar
12/93
4.
l•'.,s :
12/94
5.
Rebecca Jesinski
12/92
Paul Woinga rdon
Gruys, Borden. Carlson 6
Assoc.
Dan Bloniqo n
1.
Brad Fyle, Council
12/94
2.
Clint Herbst, Council
12/94
3.
Harvey Kendall
12/96
4.
Al Larson
12/92
5.
Barb Schwiontek
12/93
6.
Bob Morford
12/94
7.
Ron Hoglund
12/95
Orr-Scholon—Mayoron 6 Associates
C
Police Advisory Commission:*
Parks Commission:
Brad Fyle, Council
Warren Smith
David Gerads
/av
Jim Fleming
Curtis Schmidt
.foj
Dick Frie
12/93
Larry Nolan
12/93
Fran Fair
12/91
Bruce Thielen
12/92
Roger Carlson
12/92
• Ordinance indicates three-year terms but initially Council should appoint
(1) to a one-year term, (1) for a two-year term, and (2) for three-year
terms.
0
Box 462
419 W. River St.
Monticello, MN 55362
Dec. 15, 1991
Dear MS. Bauer,
I am interested in serving on the Monticello Public
Library Board.
As a twenty year resident of Monticello and an avid
reader, I feel well acquainted with the library as
a participant. I would like to contribute to It's
continued success.
Thank you for considering me.
Sincerely,
7
� bC-
Ruby J: Bensen
9
I
November 12, 1991
Marge Bauer
Monticello Public Library
4th and Walnut St
Monticello, MN 55362
Dear Marge,
I would like to be considered for membership on the Monticello
Library Board. In addition to experience as a reference librarian
and library manager, I have served on the advisory councils of
METRONET and LDS (Office of Library Service and Development).
While I feel this background would be valuable to the Library
Board, it is from the perspective of a library user that I would
like to serve. My interests are in improved customer service,
public relations and marketing of library services.
In times of fiscal restraint it is important to use fully the
materials we have access to and to help patrons benefit from the
resources available to them. The Board has an opportunity to over-
see library growth and development and to seek innovative solutions
to problems. I would like to contribute to that process.
If you are interested in references, I would be happy to supply them.
Sincerely ,
i
Diane rdsn
Rte 3 Box 25
Monticello, MN 55362
C
Council Agenda - 1/13/92
13. Consideration of repairs to sanitary sewers on River Street
and Linn Street. (J -S.)
REFERENCE AND BACKGROUND:
Due to increased flows at the wastewater treatment plant, City
staff has been reviewing the condition of the collection
system, including lift stations, for possible infiltration of
ground water. Each year we inspect a small portion of our
collection system with closed circuit TV and will eventually
have inspected the entire community. often we go back in and
look at trouble spots for a second or third time in areas
where cracked pipe was encountered, small leaks were noted, or
roots were found to be intruding into the sewer mains.
This fall while re -looking at sections of River Street in the
area of Linn Street, we discovered a significant amount of
infiltration on River Street between Minnesota and Linn
Street. When we reviewed an inspection performed In 1987 on
the block of Linn Street from River Street to Front Street,
the TV inspection indicated that a significant amount of
ground water was finding its way into our collection system.
In addition, a broken pipe located on Linn Street just south
of Front Street in the middle of Viva Joan Abrahamson's
driveway at her sewer service may be to a critical point and
In danger of collapsing. Consequently, we would like to have
the City Council consider authorizing testing and internal
sealing of all the leaks on the two -block area of River Street
and the one block area of Linn. We also request authorization
to obtain quotes from local contractors for the repair of tho
sanitary sewer main at the Abrahamson residence.
We have obtained a quote from Visu-Sewer Clean & Seal for slip
Iining a single block of 10 -inch clay tile sanitary sewer with
PVC pipe. This would give us a brand now pipe. This cost
would be $28,960 per block and may also require sewer main
repair in front of the Abrahamson residence to have full flow.
The cost of sealing each joint from the inside using a gel -
like grout and special equipment is much more economical. The
grout, however, will add no structural stability to the pipe
but merely mixes with the granular soil outside the pipe to
form a water -tight seal around the pipe. Consequently, it is
only applicable to those areas in which the pipe is
structurally sound. This would, however, be the case for the
majority of the pipe encountered. We have obtained a quote
from Viau-Sowor Clean & Seal for a cost of $6.24 per lineal
foot for an estimated cost of $7,113.60 for the three blocks
excluding the dig -up area in front of the Abrahamson
r
33
Council Agenda - 1/13/92
residence. We also obtained a quote regarding the sealing
from Solidification, Inc., in Minneapolis. Their quote was
for $4.35/ foot for an estimated Cost of $4,959. These
sealants properly applied can last five to ten years or longer
depending upon conditions.
The cost of the dig -up in the area of the Abrahamson residence
more than likely will be high. It is possible that we will
have to de—water the area even though the sanitary sewer is
only eight feet deep. In addition, since the sanitary sewer
in this area is located behind the curb and in the middle of
the driveway, we will be replacing portions of the street,
curbing, surface concrete driveway approach, and blacktop
driveway. It is expected that the City will pay for all costs
associated with the sewer main, including restoration of the
driveway. It is recommended at this time that we also inspect
the Abrahamson sewer service at no cost to the resident; but
if it does need repair, the resident be billed for the actual
cost of the repair.
ALTERNATIVE ACTIONS:
The first alternative is to authorize the City staff to
have Solidification, Inc., test and seal the leaks in the
sanitary sewer lines for two blocks on River Street and
one block on Linn at an estimated cost of $4,959 plus the
cost of $250 for inspection of the Abrahamson sewer
service. In addition, this alternative will authorize
City staff to obtain quotes from various local
contractors for the repair of the broken sanitary sewer
main in the area of the Abrahamson driveway. These
quotes may be brought back to the City Council at a later
meeting for approval If the Council so desires, or
authorization could be given to use the contractor with
the bosL price.
The second alternative would be to not seal the leaks but
make only the necessary repairs to the sanitary sewer
pipe in the area of the Abrahamson residence. This may
not be cost effective, as if only 20 gallons per minute
are coming from the leaks along these throe blocks, the
leaks would total up to 10.5 million gallons of water per
year arriving at our wastowa for treatment plant, and
continued leakage could displace fine sand in and around
the pipe and result in street and sanitary sower problems
in the future.
34
C
Council Agenda - 1/13/92
STAFF RECOMMENDATION:
It is a staff recommendation that the City Council authorize
sealing of the leaks by Solidification, Inc., in the three -
block area as outlined in alternative O1 and that the Council
further authorize City staff to obtain quotes for the repair
of the sewer main in the area of the Abrahamson residence and
have the repairs completed at the best price as also outlined
In alternative M1. Staff would like to schedule the work
prig to a significant increase in the level of the river in
the spring. Due to the unexpected nature of these
expenditures, it is recommended that the sewer access fund be
used rather than the sewer 0 6 M fund.
D. SUPPORTING DATA:
Copy of quotes from vlsu-Sewer and Soil Solidification; Copy
of the TV reports; Maps showing sewer locations. A video tape
will be available for Monday evening's meeting showing the
damaged pipe in front of the Abrahamson residence and the
leaks along River Street and Linn Street.
35
VISU-SEWER GLEAN & B EAL, INC.
2E349 HeCberg Or•ive. MinneaMile. Minnesota 55343
(61 2)593-1907
January 6, 1992
Mr. John Simola
Public Works Director
P.O. Box 1147
Monti cello, Minnesota 55362
RE; U-LIRER PRICE ESTIMATE
Dear John,
I spoke with the President of Vi su-Sewer to get a rough
estimate for lining the sanitary sewer on Linn Street.
The estimate is as follows:
Mobilization - $ 2,500.00
401 feet of lining 10" 24,060.00
S lateral reinstatements 2,400.00
S 26,960.00
This will give you a comparison to the spot open cut repairs.
Also, I have sent information on Link pipe for your review.
The proposal for test and seal is also enclosed. We would
like to start tha sealing as soon as possible it you approve
the proposal.
Sinter ty%J��{A'
Craig Anderson
Marketing Representative
CA:99
Enc 1 osure
>3nrwuip,MunrcrP4Luoa. Utd1tiep enol InUuetr•y
�.NI
Proposal
s1 , ViSU-SEWER CLEAN & SEAL, INC.
2949 HeLRre—a 0--. , 1vh, -recsoC0 55343. 1692) 593.1907
Page No. r 411_ Pages
'BOP05AL SUBI*ITT ED TO A"ONE DATE
City of Monticello, Minnesota 612/295-2711 I 1/06/92
j STQEET JOBNAME
P.O. Box 1147 Monticello, MN T&S, TV Inspection
CITU, STATE L SIP CODE JOB LOCATION
Monticello, Minnesota 55362
ATTENTION 148 PHONE
Mr. John Simola Fax 612/295-4404
We I,—br PrPPon to lurnlrn mal.rl•Is .ntl I. Dnr n.r•Yr..v rn• In. rC"r ^1e lan P..
Approximately 1,140 lineal feet of test and seal on 10" clay tile sanitary
sewer at a cost of $6.24 per lineal foot. This price includes the test and
sealing of the of lines:
1. River Street from Minnesota Street to Maple Street
2. River Street from Maple Street to Linn Street
3• Linn Street from River Street to Front Street
This price includes the testing of each joint and sealing of those that fail
the air test. Also, this price includes the television inspection of the Linn
Street line. An additional charge of $250.00 for the television inspection of
one house service will be accessed should the City decide to accomplish this task.
The City must preclean each line and provide access to all manholes at no cost
to Visu-Sewer.
1 IF THIS PROPOSAL IS TO BE ACCEPTED, SIGN AND RETURN TO ABOVE ADDRESS.
1 I
WE PROPOSE ItNny to Iu,ni,h manila and let., — comulat. In accordance with above Ypacnlgdons, tot the Yum or;
I
Seven thousand one hundred thirteen and 60/100 --- thh,(S 6 7,113.60
Peym.nt to be ",de a toUMra:
Net 30 days upon completion
An m.n,ul ownmwa In n. ar Yo.ruue. All "" to n• romnl•ua In • ..rn• i '�- /I�I •� �`
11. nl UI ••.rr•m.Nlb manna arctlr.Ina 10 tP.rl llUllnna Y.Dmllba. O•r ba.tlue Aulhmind
oneuc•s.
Any
at•uu.n m .«roue. :ram snore Yn+ruuatr.m tnvnranq •an ;,ipnatura "` ___ JJJ
.1. war b..—Itut anly ubnn wrnl.n or.nr, .nn -m .scam•.. ..u•.alis
_ll Yo— In• •rtlmab, An • p—m-11 —1:. •.1 ult— rupn, --I ... r- n1 Nota; This pmpoul may be
mull. ally... our eo.trot, 0— to urw Nu, trona.. •.. A1. n ory m• withdlswn by us it not actepttd wiitlin 30 days.
/ sail. our w.rY..r .0 roar re..r•a nv wnrY nunY rnnm•..•unn r nu mrr.
1\ACCEPTANCE OF PROPOSAL T h...... Pncn. Ya•clnouom no ...m•
Il.., are WII.I.[IPry .ntl art h.I.by arr.Pt.., v.0 al• aulh orll.tl to tln in• wort
.Y .—Ili•d, Asyrrr.nt .111 be ma".• ..load An—
Data of Atceptonta: Signature
Plass Ylon Whin eWY and r.nT to Send.,
j i414,9-1 '1?2 16:51 ppklq.l 110- 11.0PI"l
Pg. No.
SOLIDIFICATION, INC.
spec;aiists, In Grouting & Underonnioig
7233 WiIimtka Amnue Nowft#
B - #1595
tAINNEAP01 IS. MINNESOTA 55428
535-1065
City of Monticello 295-2711 Jan.ue.cy- 9,.--1992.—.
P.O. Box 1147 Test & Seal
Mont i col 1, Minnesot.A 55'_462-9245 River Strnt)
Uzi, ;i_;;� Lt_6_Lynn Street
John Simola 1-8-92 rax 1295-4404
Wo htr#tIy submit apocUmst-2 *no on;mst's M•
Test & Seal approximatel y .1, 240. 1 1. of 10" VCP
sanitary newer -per ibl%SSCO spe c i fIca.t.ioi&._
PRIC15: $4.35/per. lineal 'foot
We understand the ownar.w.111 eleffit oewere.prior to_,our,arr,ivGI__&
withatritiging of linen.
15# graptsiff Lwow to fumiro, mal-, In' mW fount cmiiolott, In oceovdanCe with above specificattons. tot the sum of:
donw, IS
Not cash duo 10 daye following date of Invoice. All accoulith
_0 v.Q C 3 0 -da Y b_W.1.11 _b(L.Q ti IwQ C (3-1.11 L ar tint- nt-1.14.1-pac
ift., rI., pwsw W b.
hft sUft%wI m1hin— 39 —dow
to as the won 4. BUNIC111.6, pop"M "it be made st ourtllmwi situsPI.F.AAR Aft"M r 111"711"13 1111_1
M4 81. helobi, sefflIt'd Yen W whod.0 S`f mus
Nto W Attepling.: My'lAr
3z
diking
VPS PIPE SERVICES CO.
3908 811chmom 01. N E.
Bemiej. mmefnii s m1
TELESPECTION REPORT
1:15:02 -
TAPE NO.1-91 COUNTER 1:24:21 JOE 173-91 CLIENT Monticello
DATE 12/12/91 SET UP 6 AREA --- STREET River.St,:
PIPE CONDITION INSPECTOR Gene Lovering
PIPE SIZE 10 in.
TYPE OF PIPE Clay tile pipe
TYPE OF JOINT Sell 6 spigot
MANHOLE CONDITION ( } N/A DIRECTION OF FLOW South
GOOD
( ) See attached sheet REMARKS
(direction of measure
MANHOLE from center of manhole) MANHOLE
NO.N0
r TMinnesota'St: t apie St:
(direction of flow) -1r-- --
TV INSPECTION
DISTANCE LOCATION PHOTO DISTANCE DESCRIPTION OF DEFECT
FROM IN NO. FROM OR WYE LOCATION
UPSTREAM PIPE DOWNSTREAM
MANHOLE MANHOLE
3 1 in.or less water,good pipe
27 1-2 in. water
29 2-3 in. water
130 3-4 in. water
138 2-3 in. water
�48 1-2 in. water
51 1 in.or lase water
169 2 Service in use
S08"tty Services /o/ Consulting Englnears, ldunlClpatitias. Corarartars and Industry rr L�
JOB 173-91
TAPE 11-91
DATE
12/12191 SET UP 6
DISTANCE
LOCATION PHOTO
DISTANCE
DESCRIPTION OF DEFECT
}
FROM
IN NO.
FROM
OR WYE LOCATION
UPSTREAM
PIPE
DOWNSTREAM
MANHOLE
MANHOLE
82
1-2 in. water
103
2-3 in. water-
ater104
104
3-4 in. water
106
2-3 in. water,
X10
1-2 in. water
2-3 in. water
1116
in.
130
3-4 water,
133
Trace roots @ joint
136
2-3 in. water
143
1-2 in. water
147
2-3 in. water
}
149
3-4 in. water
151
2-3 in. water
1 153
1-2 in. water
1155
1 in.or lees water
162
10
Wye
164
Trace minerals @ joint
178
1-2 in. water
J
1
1
193
2
Wye
'
J
i
JOB 173-91
TAPE 11-91
DATE
12/12/91 SET UP 6
DISTANCE
LOCATION PHOTO
DISTANCE
DESCRIPTION OF DEFECT
FROM
IN NO.
FROM
OR WYE LOCATION
UPSTREAM
PIPE
DOWNSTREAM
MANHOLE
MANHOLE
201
1 in.or less water,good pipe
j
J
212
1-2 in. water
214
2-3 in. water
223
Trace -lite minerals @ joint
I�
---
w/steady drip of water
I---
infiltration
2-3 in.
227
water
233
1-2 in. water
240
10
Wye in use
249
1 in.or less water
255
2
Wye
264
Trace -lite minerals @ joint
---
w/steady drip of water
` ---
infiltration
268
12
Service in use 6 dripping
277
10
Wye in use
279
Trace -lite minerals @ joint
296
10
Wye
297
2-3 in. water
JOB 173-91 TAPE 11-91
35 •
DATE 12/12/91 SET UP 6
DISTANCE LOCATION PHOTO DISTANCE
FROM IN NO. FROM
UPSTREAM PIPE DOWNSTREAM
MANHOLE :MNHOLE
300
315
322
325
336
338
365
367
377
396
398
402
415
417
418
432
436:
2
DESCRIPTION OF DEFECT
OR WYE LOCATION
1-2 in. water
2-3 in. water
Possible sealer protruding out
of joint w/steady drip of
water infiltration
Possible steady drip of water
infiltration
1-2 in. water
Trace minerals w/steady drip
of water infiltration
2-3 in. water
3-4 in. water
4-5 in. water
Wye
Under water
4-5 in. water
3-4 in. water
2-3 in. :star
1-2 in. water
1 Sn.or less water
Center of manhole a Maple St.
3�p
Viking
VPS PIPE SERVICES CQ
3908 &1CnMWt 01. N E.
TELESPECTION REPORT
1:24:21-
TAPE
:24:21-
TAPE NO.1-91 COUNTER 1:33:54 JOB 173-91 CLIENT Monticello
DATE 12/12/91 SET UP 7 AREA --- STREET,_River
PIPE CONDITION INSPECTOR Gene Lovering
-Trace minerals @ many
joints. PIPE SIZE 10 in. x 4 tt.
TYPE OF PIPE Clay tile pipe
TYPE OF JOINT Bell & spigot
MANHOLE CONDITION N/A DIRECTION OF FLOW South
GOOD
See attached sheet REMARKS
(direction of measure
MANHOLE from center of manhole) MANHOLE
NO. --- NO.
L14apie-si. [Linn St:
(direction of flow) --v"
TV INSPECTION
DISTANCE LOCATION PHOTO DISTANCE DESCRIPTION OF DEFECT
FROM IN NO. FROM OR WYE LOCATION
UPSTREAM PIPE DOWNSTREAM
MANHOLE MANHOLE
3 1 in -or less water,good pipe
3 Steady drip of water infilt-
---
ration 0 joint w/trace mineral
12
Steady stream of water
---
infiltration
12 11
Wye in use
14
Steady stream of water
---
infiltration
Soecialty Services tor Consulting Engineers, Municioalities. Contractors and industry 0
JOB #73-91 TAPE 11-91
DATE 12/12/91 SET UP 7
DISTANCE
LOCATION
PHOTO DISTANCE
DESCRIPTION OF DEFECT
FROM
IN
NO. FROM
OR WYE LOCATION
UPSTREAM
PIPE
DOWNSTREAM
MANHOLE
MANHOLE
14
11
Wye, start vertical crack
is
40
Start vertical cracks
15
7-10
Horizontal crack
15
Steady stream of water
infiltration in vertical crack
16
End cracks, good pipe
31
1-2 in. water
t.
47
1 in.or less water
48
Steady drip of water 5 joint
49
1
Wye in use
BO
1-2 in. water
82
2-3 in. water
84
it
Service
86
1-2 in. water
89
1 in.or less water
98
1-2 in. water
101
2-3 in. water
104
Steady stream of water
---
infiltration @ joint
JOB 173-91 TAPE 11-91 DATE 12/12/91 SET UP 7
DISTANCE LOCATION PHOTO DISTANCE DESCRIPTION OF DEFECT i
FROM IN NO. FROM OR WYE LOCATION j
UPSTREAM PIPE DOWNSTREAM
MANHOLE MANHOLE i
109 2-3 in. water
111 1-2 in. water !
125 Trace -lite minerals @ joint jl
i
w/steady drip of water I
129 11 Wye
147 Steady drip of water infilt-
-__ ration at joint
150 1 in.or less water
163 1-2 in. water
164 2 Wye
170 Steady drip of water infilt-
ration at joint f
172 2-3 in. water
i
178 Steady drip of water infilt-
___ ration at joint
181 3-4 in. water
187 10 Wye
189 2-3 in. water
193 1-2 in. water
JOB 073-91 TAPE 01-91 DATE 12/12/91 SET UP 7
DISTANCE
LOCATION
PHOTO DISTANCE
FROM
IN
NO. FROM
UPSTREAM
PIPE
DOWNSTREAM
MANHOLE
MANHOLE
200
209
2
211
213
216
219
230
232
236
239
244
261
265
270
281
2
282
DESCRIPTION OF DEFECT
OR WYE LOCATION
Steady stream of water
infiltration @ joint
Wye
Steady drip of water infilt-
ration at joint
2-3 in. water
1-2 in. water
1 in.or lees water
1-2 in. water
2-3 in. water
3-4 in. water
2-3 in. water
1-2 in. water, still trace
minerals @ many joints
2-3 in. water
3-4 in. water
2-3 in. water
Wye w/1-2 in. water
Steady stream of water @ joint
0
JOB #73-91 TAPE @1-91
DATE
12/12/91 SET UP 7�.
DISTANCE LOCATION PHOTO
DISTANCE
DESCRIPTION OF DEFECT
FROM IN NO.
FROM
OR WYE LOCATION
UPSTREAM PIPE
DOWNSTREAM
MANHOLE
MANHOLE
294
a
2-3 in. water
297
1-2 in. water
298
Steady drip of water infiltr.
` ---
at joint
r307,311
Sts -adv drip of water infiltr.
---
at joints
319,323
Steady drip of water infiltr.
---at
joints
331
Steady drip of water infiltr.
---
at joint w/trace-lite minerals
342
r
2-3 in. water
344
3-4 in. water
1348
Steady drip of water infiltr.
---
at joint
352
2-3 in. water
358
3-4 in. water
369
2-3 in. water
387
3-4 in. water
396
Center of manhole @ Linn St.
A
9
VPS VIKING PIPE SERVICES CO.
TELESPECTION REPORT
TAPE NO. 1-8 7 COUNTER 323-582 JOB ti 10-87 CLIENT Monticello
DATE 3-25-87 SET IIP 03 AREA STRM1v 'ie.f
PIPE CONDITIOHSeveral sections INSPECTOR Howard H. Nord '
cracked. quartered, & fractured PIPE SIZE 10" x 4'
oinc. Several ioints with TYPEOF PIPE Vertified Clay piDe
_Lnfiltration- 2 offset ioints- TYPEOFJOINT Bell A Soiaot
Several sags.
MANHOLE CONDITION ( ) N/A DIRECTION OF FLOW NE
QC ) See Attached Sheet REMARKS
DIRECTION FROM CEMr ER 2
OF MEASUREMENT OF MANHOLE
C25
MANHOI
RS ivntSt Front St; NoDIRECTION OF Flow—► 18
6
LOCATION
Iti PIPE
TV INSPECTION
DISTANCE
LOCATION
PHOTO- DISTANCE
FROM
IN
NO. FROM
UPSTREAM
PI PE
DCWNSTREAM
MANHOLE
MANHOLE
3
4
2
7
40
106
11
108
2
141
DESCRIPTION OF DUWP
OR WYE LOCATION
Good pipe -with 2"-3" water -Sag
Infiltration through joint-I-lgtlm
1" 2" water -end of saR
Slow drip at joint
Wye
Nye
Infiltration through ioint->-lga1,1,
par miuuLe.
IJ
34 ? 12 b 2
346
DATE 3-25-87 SET OP 03
DESCRIPTION OF DEFECT
OR WYE LOCATION
Wye
Light mineral at ioint, 2"-3" water
Light mineral at ioint. 2"-3" water
Wvc. V'-2" xater
Trace mineral ar inint
Joint is drinninp, olnw drin
Off -get joint -off -get 4 with rr,arp mine.
Trace mineral at ,joint
2"-3" water
Offset joint, offset '"- 1"-2" water 0
Joint is dripping
2"-3" water-SaR
Wye, 3"-4" water
Wye
2"-3" water
1"-2" venter -End of snit
2"-3" venter -SBR
1"-2" venter-SnR
Ton Crack
Wye
Too is webbed with ernrks
Good o.ino..
Ft'llCtlitEt! t 1B vftr„h� fnpi rnrinn 3
+TAD.1
CrAfjted the only
;ood nine. with 1"-2," witer 403
Jog g 10-87
TAPE N 1-87
DISTANCE
LOCATION -
PHOTO DISTANCE
FROM
IN
140. FROM
UPSTREAM
PIPE
DOVISTREAD
MA111OLE
IMIIHOLE
142
2
171
1
175
9
i 176
it
I
197
7-12
217
10-1
221
12-6
229
7
239
(
245
8-4
i 249
1
256
258
1
I
264
11
270
275
i 303
I
308
334
12
335
10
336
11 12,1
338
i
X342
11-3
0344 l
12
34 ? 12 b 2
346
DATE 3-25-87 SET OP 03
DESCRIPTION OF DEFECT
OR WYE LOCATION
Wye
Light mineral at ioint, 2"-3" water
Light mineral at ioint. 2"-3" water
Wvc. V'-2" xater
Trace mineral ar inint
Joint is drinninp, olnw drin
Off -get joint -off -get 4 with rr,arp mine.
Trace mineral at ,joint
2"-3" water
Offset joint, offset '"- 1"-2" water 0
Joint is dripping
2"-3" water-SaR
Wye, 3"-4" water
Wye
2"-3" water
1"-2" venter -End of snit
2"-3" venter -SBR
1"-2" venter-SnR
Ton Crack
Wye
Too is webbed with ernrks
Good o.ino..
Ft'llCtlitEt! t 1B vftr„h� fnpi rnrinn 3
+TAD.1
CrAfjted the only
;ood nine. with 1"-2," witer 403
VPS VIKING PIPE SERVICES CO.
TELESPECTION REPORT
TAPE NO. 1-87 COUNTER JOB # 1-87 • CLIENT Monticello
DATE SET IIP #3 Cant
FIP£ COIIDITION
MANHOLE CONDITION ( ) N/A
( ) See Attached Sheet
AREA STREET
INSPECTOR
PIPE SIZE
TYPE OF PIPE
TYPE OF JOINT
DIRECTION OF FLOW
REMARKS
DIRECTION FROM CENTER
OF MEASUREMENT OF MAN11OLE
OLE
C"OLL
DIRECTION OF FLOW --+• -
TV INSPECTION
DISTANCE LOCATION PHOTO DISTANCE
FROM If# 90. FROM
UPSTREAM PIPE DOWNSTREAM
MANHOLF MANHOLE
398
399 3
401 9
402 6-9
403 1
407 '1
I
I
2
I 1
J
6
LOCATION
IN PIPE
DESCRIPTION OF DLTwr
OR WYE LOCATION
2"-3" wpter - SnR
Wye
WVP, 3•'-4" wnter
,Inirt crnckPd
End of nnn —1"-2" water
C,,P
l _ �
_yy �
1�
'1 �e• ke.r.-SA'N'1IAQy
LINN ST.
1
Lri r
• r Cru6
/ v sa~a'� xw•r '
� Wi:er I
49
II
w9
169
i5
50
� iit: itiltl
• 16S � 16s
_l-- --_ - - - - 18
,.....t .r....g ,.
E� i60 '16y
Ix I
, y I---
•np W f i i 10 O C
>/y
6v 4 LL
d Y [9 tV no& 9d 55 U�-
FCS
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1_I
II X11 1101 t� a' It^jl • + 1-111 � I__
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....,. ......................... ................, ............................... .................. .
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27 � 26
}�.----- RIVER =-IST.
4 .
66
N, w
w a
12 11 z IS IA 13 12 II Q to IS I• 13 12 11
B.M. ELEV 923.76 B.M. ELEV. 924.49
loo TOP NUT OF HYDRANT , a TOP NUT OF HYDRANT 49
AT RIVER 9 MINNESOTA
1
1-4
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66
13 1 14
B.M: ELEV. 926.24!
TOP NUT OF HYDRANT -
AT RIVER JL IINN
Council Agenda - 1/13/92
14. Consideration of purchase of chlorine leak detection equipment
for pump houses #1 and #2 and a chlorine scale for pump
house 01. (J.S.)
A. REFERENCE AND BACKGROUND:
Recent upgrades to our water system included chlorine leak
detection equipment at the new pump house #3 and the below -
ground water reservoir, both in the industrial park. These
orngrammahle leak detectors are interfaced into the alarm
dialer at the reservoir. Should a small chlorine leak occur,
City personnel are notified immediately through the alarm
dialer and can take appropriate action. Such was the case of
a chlorine leak that occurred in early December at pump
house #3.
Pump houses #1 and #2 in the downtown area have no chlorine
leak detection equipment. The only way we would be able to
determine a chlorine leak at these locations is on a routine
inspection or by a passerby noticing a cloud of yellow gas
escaping from the building. Even though the smaller 150 lb.
cylinders are used, a major leak could create significant
health hazards.
City staff has, therefore, planned to install chlorine leak
detection equipment at pump houses 01 and #2 and interface it
through the automatic Systems control panel back to the alarm
dialer at the water reservoir. We have obtained a quote for
an EIT brand chlorine leak detector for $2,270 for a pair and
a quote for the Capital brand gas detectors (the same type we
use in the other pump houses) from Feed -Rite Controls for
$2,523.60 a pair. City staff feels that the Capital model
chlorine detectors in use at the other facilities are superior
to the F.IT and it would be best to stick to one single brand
so that the employees are used to the same programming from
one detector to the next.
The cost of lnLorfacing the two alarm detectors to the dialer
at the reservoir from Automatic Systems would be $1,134. This
would bring the total cost of the chlorine detection equipment
and intorfacing to $3,657.60 using the Capital controls.
In addition, we wish to replace the existing chlorine scale in
pump house #1 and make some slight modifications to add more
room for mixing chemicals. We have installed Wallace and
Tiernan two -cylinder scales in pump houses #2 and 03 and
propose to purchase another ouch scale for pump house 111. We
have a price from Jim Henry Sales of St. Cloud, Minnesota, for
36
Council Agenda - 1/13/92
this scale of $965 and a price from Feed -Rite Controls for
$1,068. Since the two scales are identical, it would be best
to purchase the scale from Jim Henry Sales of St. Cloud,
Minnesota.
In preparation for the purchase of these items, we placed an
amount of $4,300 in the 1992 budget. The total cost as
proposed above would be $4,622.60, approximately $300 over
budget. We are, however, expecting the control system
modifications that -erP anthnr17.Pei to he installed for the old
water tower to come in $300 or more under budget. Therefore,
overall the cost of all of the above purchases would be within
the 1992 budget.
B. ALTERNATIVE ACTIONS:
1. The first alternative would be to authorize the City
staff to purchase two Capital chlorine alarm detectors
from Feed -Rite Controls for $2,523.60 for the pair,
interfacing of the chlorine detectors and the alarm
dialer at the reservoir from Automatic Systems at $1,134,
and purchase of a Wallace and Tiernan two -cylinder
chlorine scale from Jim Henry Sales of St. Cloud,
Minnesota, for $965 for a total of $4,622.60.
2. The second alternative would be to purchase the alarm
detectors and Interface as outlined in alternative 41 but
to not purchase a new two -cylinder chlorine scale at this
time. The total cost would be $3,657.60.
3. The third alternative would be not to purchase the
chlorine detection equipment but to rely on routine
inspections and/or passerby observations to warn us of
chlorine leaks.
C. STAFF RECOMMENDATION:
It is the recommendation of the Public Worke Director and
Water Superintendent that the City Council authorize the
purchase of the chlorine leak detection equipment,
interfacing, and two -cylinder chlorine scale as outlined in
alternative #1. The installation of this equipment will
result In a safer chlorine Injection operation in the downtown
area, which is considered a high-risk area should a problem
develop.
SUPPORTING DATA:
Copy of quotes from Automatic Systems Company, Food -Rite
Controls, Jim Henry Sales, and Sioux Valley Enterprises.
37
dp,m,e.m
AUTOMATIC SYSTEMS CO.
January 2, 1992
CITY OF MONTICELLO
P.O. Box 1147
Monticello, Mn. 55362
ATTENTION: Mr. John Simola
REFERENCE: Chlorine Monitoring
Pump Houses 1 e 2
Dear John:
Sorry for the delay in getting this proposal to you. In regards to
your November 28, 1991 letter request, I am please to propose the
following:
Labor, programming and materials as required to transmit a
contact closure from existing Chlorine Leak Detectors at well
houses 1 4 2 to the master telemetry unit located at the
reservoir and provide the existing dialer located in or
mounted on the master control panel two (2) dry output contact
closures to the dialer to represent chlorine leak detection
at well house 1 • 2.
Your net price for the above work with two (2) sets of updated
drawings (pages affected only) Is ............... .)y-134.00.
Labor included is limited to interior panel work at all three
locations. Proposal is contingent to work being ccmaleted in -
conjunction with startup of the "old tower. transducer" .
Price does not include any sales or use taxes, spare parts of any
kind, chlorine leak detectors, or indicating lamps or switches.
I belisve the Capital Controls Chlorins Leak Detector only has cne
(1) contact output. If you are using this to light a local light
or operate vent dampers you'll need a interposing relay for each
detector. If this is the case we can supply and instal 1 the relay
in the existing RTU panels for 195.00/sa.
r'
MANUFACTURER'S REPRESENTATIVES • CONTROLS • MECHIAMCAL EOUIPYENT
Or WIN OFFICE: P.O. BOX 28100 ST. LOUIS PARK, WIN 65128 PHONE 612-31&2000
0 BRANCH OFFICE: P.O. BOX 787 AYES, IOWA 60010 PHONE 616.2!2.1 70
Mr. John Simdia
January 2, 1992
Page 2
we represent Rosemount Analytical and I am please to offer their
Model 5324B112531X Chlorine Leak Detector with Chlorine sensor
Model 52124082301X, net to you with factcry freight allowed to
Monticello, Mn ......... 51.309.00. Does not includesales or use
tax, calibration kits, installation or startup services.
Again, sorry for the delay in getting this proposal to you. Than,
you for your order and please don't hesitate to contact this office
with any questions.
Sincerely,
AUTOMATIC SYSTEMS
YSTEMS COMPANY
�G--t
-Z
Bruce A. Wirth
0
FEED -RITE 3000Eas1Hennepin
Minneapolis. MN 55413
CONTROLS PHONE: 612/931-9100
INC. FAX: 612/331-1851
Advance Gas Chlorinators • Chemical Feed Systems • ChemiCals Sewage 8 Water Testing • Pool Equipment 8 Chemicals
January 3, 1992
John
City of Monticello
P.O. Box 777
250 East Broadway
Monticello. MN 55362
Dear John:
Regarding our recent conversation concerning the different
equipment for the water department. 1 would like to suggest the
following equipment.
Two (2) Capital Controls 1610 B Single Point Gas Detecttirs C-
$1,261.90
$1,261.80 each X2 = 252.5 —
One (1) Wallace & Tiernan Two -Cylinder Scale
$1,068.00
� t,e
TOTAL_ $2,329.80
The above price includes delivery, supervision of installation start up,
and operator training of all equipment.
Again I would like to thank you for your past business and 1 look
forward to working with you in the future.
Sincerely yours,
Feed -Rite Controls, Inc.
✓Larry Wianebel
District Manager
Enclosures
Water Is Our Business 0
,,,-'®�WALIACE & TIERNAN
FEATURES
• The Industry standard for weighing chlorine gas cylinders.
0 Unique, dual Independent mechanical scales.
• Accurate, direct reading dials.
a Rugged construction, low base profile.
• Forms a mini -chlorination center with W&T chlorinators.
I Simple installation and operation, no power required.
TECHNICAL DATA SHEETS 0,
I.8B
FEATURES
Direct reading
Scale reads out directly and continuously the pounds
remaining in each cylinder. It weighs two cylinders
- lependently, reads out the net weight on separate
Is. No arithmetic required to find out how much
gas is left; no poise weights to reposition.
Easy installation
The scale is calibrated at the factory. Since its
platform is only 1 y2 inches above the floor, recessed
installation is not necessary. Cylinders are rolled on
and off easily without lifting. Conforming to recom-
mended procedure, safety chains on a crossbar
restrain the cylinders. The crossbar can be moved
up or down to accommodate short or tall Cylinders
ACC.rale .0iVhing, 0dS y rtlduin ny
After initial tare weight adjustment, each dial shows
net pounds remaining, accurate to 1% of full scale.
Long dial length and a magnifying pointer make it
easy to read to h Ib. Molded -in lines in the pointer
reduce parallax errors.
Flexible and versatile
The plastic scale head can be rotated 180 degrees
so that the dials are seen from behind. Although
designed for 150 -lb chlorine cylinders. the scale can
be used for other compressed gases.
A mini -chlorination center
Combining a W8T V-100 or V-500 Chlorinator and
Two -cylinder Scale makes an ideal, compact sys-
r inp!an! ch!cnnetion or srnell treatment plants.
It brings the chlorin -feed -rate control. Iced -rate
indication, and readout of the remaining chlorine
supply together for operators' convenience.
DESIGN AND CONSTRUCTION
The W8T Series 50345 Two -cylinder Scale consists
of a sturdy steel baso which contains two circular
weighting platforms. The base Supports a column
with a crossbar and scale head. The crossbar holds
the chains which restrain the cylinders. The scale
head contains two indicating dials and two tare
weight adjusting knobs. The two weighing platforms
are independently supported by a system of levers
under the base. The lovers are flexure mounted and
transmit most of The load on The platforms to the
base. A small portion of this load is carried up the
inside of the column by pull rods to range springs
in the head of the scale. The initial tension of each
range spring is adjusted to cancel out the tare weight
of the cylinder being weighed. Thus the dial reads
out the net weight of contents.
Design simplicity, few moving parts and simple
mechanical operation assure long the with minimum
routine maintenance.
TECHNICAL DATA SHEET 50 345
OPERATION
A full cylinder is placed on each platform, chained\
in place, and connected to the gas metering system_
An independent adjusting knob for each cylinder is
turned until the net contents of each cylinder is shown
by a pointer on the individual dials. This adjustment
cancels out the tare weight of the cylinder and con-
nected parts so the dials show net contents. Any
removal of contents now is shown on the dials as a
loss of net weight. Thus the dials continuously read
out in net pounds remaining until the cylinders are
exhausted.
SHORT DESCRIPTION
The Series 50-345 Two -cylinder Scale weighs the
contents of two compressed -gas cylinders indepen-
d-ntly If cong;sts of p efuPl hale 1 _4t inches high with
two cylinder -weighing platforms. The base supports
a steel column which has a crossarm with chains to
restrain the cylinders. The crossarm is adjustable up
and down the column. A plastic scale head on the
column reads out the net pounds remaining on an
individual dial for each cylinder. Adjusting knobs can-
cel out the tare weight of each cylinder so that the
dials show net contents. This is readout on each
dial accurate to 1% of full scale without further adjust-
ment. The 4 -inch -long scales and a rnagnifying pointer
give readability to within 1/21b. The pointer has
molded -in lines which reduce parallax errors in reading.
TECHNICAL DATA
accuracy
I p of lull scala.
roadability
To fJ Ib I1 -lb graduationsi,
cylinder size and weight
For 150 -lb chlorine cylinders Cylinders for other gases
must bo t I X inches or less in diameter. have a gross
weight of 300 Ib or less. Net weight of contents. 150
Ib maximum; tare weight of cylinder, 80 to 150 Ib.
weight and shipping weight
80 Ib and 90 lb.
overall dimensions
5' 7'Fi" H. 2' 8" W. 18" D
NOTE: For two-cyhntnr scala aoDlicaaons raoWnng alarms, our -
outs, or digital fondout. Boo Tochmcai Data Shoot 50350
AFTER -SALE SUPPORT
Wallace 8 Tiornnn offers the most inclusive aftorsalo
support in the industry. Genuine WST replacement
parts protect your equipment investment, help avoid
failure in critical applications. For major pieces Of
equipment, W8T Preventive Maintenance Kits contain
genuine replacements for those parts of this equip.
mont most susceptible to wear and/or most often
replaced.
AMW
W WALLACE & TIERNAN
WALLACF 8 TIFRNAN, INC.
25 MAIN ST., gllLIVILLF., N.I.07109.3057
Printed In USA e)
SERIES 16108
SINGLE POINT
GAS DETECTOR
Bulletin Al 1161007
G
CAPITAL CONTROLS
COMPANY, INC
Capital Controls Series 16108 Single Point Gas Detector
provides features for continuous detection of Chlorine
and suit", dioxide gases, in a normally clean au
envlrcnmeni, wherever these ChemiCal4 are unloaded,
stored or used. Highly sensitive, the Serie! 16108
detects gas levels as low as 0 S ppm and is designed to
show gas Concentrations in the Oto ppm range
Modulat in desigr, the basic Series 16100 consists of
therecelver, and sensor module with a Micro Redox type
sensor element Optional equipment includes the Model
Back 1640 Power Bacup and the MOA01 1630 Remote
Indictor
The State•of the an Micro Radox type sensor element
respond! In 30 Seconds Or 1057 to the presence of gas,
recovers in three minutes or less after the gas has
cleared, and is destgned to eliminate false alarms
caused by mie,ference gases and environmental
conditions Typical sensor element life is 18 to 24
months The sensor module may be installed up to 1000
feet 1305 maters) from the Fat: 'Yet
Series 16108 LED indicators include POWER, READY
venfymg sensor stabilization, bar graph indicator lot
gas concentrations and alarm level setting, ALARM, and
MALFUNCTION that indicates loss Of Bonsor Input
signal The Series 16108 prOvldes visual aria audible
atarms at the ,aceiver and Remote Indicator, and an
audible alarm at me Power Balk UP
Series 16108 provides an operator selectable, relay
switched single or dual alarm output to remote devices
such as horns and ventilating tans. and has provision for
relay switched Output of sensor malfunctions to remote
devices The Series 16108 also provides a 4.20 mAdc
Output t0 remote devices Such as indicators and event
recorders.
For ease of use, operator controls have been limited
to power onloff, alarm level Set. manual reset, and
acknowledge (silencing) of alarm annunciator Manual or
automatic reset of alarm and malfunction indicators and
outputs is operator selectable
fn the event of a gas leak the Series 16108 pr0005309
sensor inputs and displays the presence and
concentration Of gas through illumination of
cummulative bar segments on the bar graph indicator. A
flashing bar segment displays the alarm level selected
by the operator When the &term level Is exceOdOd, the
alarm Indicator illuminates. the annunciator Bounds, and
the alarm relay energizes actuating any remote aevlcas
Such as horns and lana
High impact, cdrrosion-resUtani NEMAAX enclosures
make the Series 16108 suitable fan indoor and outo0or
use All enclosures are designed fit e&By wall mounting
For installations in Canada. CSA approved units are
available Clear covers on the Gas Detector. Power Back•
up and Remote Indicator give Opetating personnel an
unobstructed view of contras and indicators
®r�
ou
FROM N
INQUIRY NO.
-3 DATF
�
e 7- 30
TERMS
OELIVFRY
6,1 T I LL (3 yin PRICES QUOTED ARE F.O.B.:Tt 6 - fq,., 31c
,=R- FO
ep, o 11
41e S0 - 3 q.5-
- 4 Ie
ti
UoTro BY.
#'J. -A 040
EVEN
Sioux Valley Enterprises
.. Bor 15
Renner, South Dakota 57055
605-336-3955
Fax #(605)336.3610
December 16, 1991
Matt Theisen
City of Monticello
P.O. Box 1147
250 E. Broadway
/ Monticello, Fitt 55362
l Door Matt:
Jim Henry requested that I send you a quote on chlorine detectors. Please
use the following:
Chlor -Guard Chlorine Detector. Single sensor with
25 ft. of cable. Operates on 115Y: $1135.00
Let me know if you have any questions. We hope we can be of service to you.
Sincerely
;XJ
R. Yde
1E11T
GAS DETECTOR
DANGER
CHLORINE
i
I ` O
MODEL 5152
CHLORINE GAS DETECTOR
Leak Detection You Can Rely On
► Rapid Response to Chlorine Leakage ► Battery Backup Capability
► No Sensor Maintenance ► Exclusive 'ACTI-TEST" Sensor Test Systern
► Audible, Visual, and Auxiliary Relay Alarms rA).
Council Agenda - 1113142
15. Consideration of liquor license ownership transfer --Monticello
Liquor, Inc. (R.W.)
A. REFERENCE AND BACKGROUND:
City ordinances governing the issuance of on -sale liquor
licenses indicate that each license is issued to the applicant
only and may not be transferred to another person or another
place without approval of the Council.
Marilyn Lindenfelser, owner of Monticello Liquor, Inc., has
been issued an on -sale license for a number of years for the
establishment at 130 East Broadway. The corporation was owned
by Marilyn Lindenfelser along with her four children; and as
part of an estate plan, Marilyn Lindenfelser has transferred
all of her shares of the corporation to her four children
equally. Since Marilyn was the original applicant that
received approval for the license from the City, this transfer
of ownership should technically be approved by the City
Council.
B. ALTERNATIVE ACTIONS:
I. Approve the transfer of ownership from Marilyn
Lindenfelser and her four children to the children's
names.
The on -sale license will still be in the name of
Monticello Liquor, Inc., and the Council is acknowledging
ownership of the corporation by David Lindenfelser,
Barbara Lindenfolser, Roger Lindenfelser, and Joyce
wipper.
2. Do not approve the transfer of ownership.
Since this transfer in effect does not change the
operation that was originally grantod the license, I am
not aware of any reason why the Council should not
approve this change in ownership. As in the past, the
Council always rotains the right to revoke the license
for violation of any provision or condition of any state
law.
D. SUPPORTING DATA:
Copy of letter from Jim Metcalf, attorney, describing the
ownership change of the corporation.
38
JAMES G. METCALF
BRADLEY V LARSON
Mr. Rick wolfsteller
City Administrator
City of Monticello
P.O. Box 1147
Monticello, MN 55362
ATTORNEYS AT LAW
P0. Bu. ue
313 weal 8' -dr -Y
Montmello. Minnow. S&W4"S
TELEPHONE
December 31, 1991 (612)2953232
METRO
(612) 421-3393
FAX
(612) 2953132
Re: Monticello Liquor, Inc.
Dear Rick:
I am writing to confirm our telephone conversation of
several weeks ago regarding the transfer of shares of Monticello
Liquor, Inc. As you know, the corporation was owned by Marilyn
Lindenfelser and four of her children, David Lindenfelser, Barbra
Lindenfelser, Roger Lindenfelser and Joyce wipper.
As part of an estate plan, effective December 30, 1991,
Marilyn Lindenfelser has transferred all of her shares to those
four children equally, and now those four each own 25% of the
shares of the corporation. If you require any thing further,
please let me know.
Sincerely,
METCALF 6 LARSON
Ga� �"
Jame G . Mot al Esq.
JGM:ds
cc: Monticello Liquor, Inc.
0
BFC FINANCIAL SYSTEM
12/09/91 09:46:58
WARRANT DATE VENDOR
GENERAL CHECKING
32643 12/09/91 DRIDGEWATER TELEPHON
32643 12/09/91 ORIOGEWATER TELEPHON
32643 12/09/91 BRIDGEWATER TELEPHON
32643 12/09/91 13REOGFWATFR TELEPHON
37643 12/09/91 C.RIDGEWATER TELEPHON
32543 12/09/91 BRIDGEWATER TELEPHON
32643 17/09/91 SPIDGEWATER TELEPHON
32543 12/09/91 ORIOGEWArFR TELEPHON
32643 17/09/91 BRIDGEWATER TELEPHON
32643 12/09/91 BRIDGFWATER TELEPHON
37643 12/09/91 BRIDGEWATER TELEPMON
32643 12/09/91 13REOGEWATER TELEPHON
37643 12/09/91 ARLDGEWATER TELEPHON
32543 12/09/91 6RIDGEWArER TELEPHON
32044 12/09/91 COAST TO COAST
$7644 17/09/91 COAST TO COAST
32644 12/09/91 COAST TO COAST
37644 12/09/91 COAST TO COAST
32044 12/03/91 COAST TO COAST
32644 12/09/91 COAST TO COAST
72044 12/09/91 COAST In COAST
37644 12/09/91 COAST TO COAST
32644 12/09/91 COAST TO COAST
)2n44 12/09/91 COAST TO COAST
32644 12/114/91 COAST TO COASr
37644 12/09/91 COAST TO COAST
32644 12/09/91 COASr TO COAST
37444 17/n9/91 C^AST TO COAST
32544 12/09/91 COAST TO COAST
3761.4 12/09/91 COAST TO COAST
37044 12/09/91 COAST TO COAST
32444 12/09/91 COAST 70 COAST
32644 12/09/91 COAST TO COAST
37644 17/09/91 COAST TO COAST
32044 12/09/41 COAST TO COAST
32645 12/09/91 OC11N/FRANKLIN
77640 12/09/91 FAIk'V GARDEN CENTER
32647 12/09/91 GOOLERJAH.ORIA
32647 12/09/91 GOOLER/GLORIA
77649 17/00/91 HERMFS/JERRY
Disbursement Journal
DESCRIPTION AMOUNT CLAIM 111V01
24 TELEPHONE
CHARGES
506.40
24 TELEPHONE
CHARGES
101.75
24 TELEPHONE
CHARGES
66.01
24 TELEPHONE
CHARGES
21.71
24 TELEPHONE
CHARGES
76.83
24 TELEPHONE
CHARGES
113.06
74 TELEPHONE
CHARGES
20.00
24 TELEPHONE
CHARGES
13.50
24 TELEPHONE
CHARGES
90.07
24 TELEPHONE
CHARGES
20.00
24 TELEPHONE
CHARGES
36.28
24 TELEPHONE
CHARGES
44.90
24 TELEPHONE
CHARGES
17.86
24 TELEPHONE
CHARGES
21.30
1.735.73
3S MISC SUPPLIES/MATER 14.46
35 CITY HALL BLD REP SUP 69.20
35 MISC SUPPLIES/FIRE DEPT 1.92
35 BLD REPAIR SUP/DARKS D 57.91
35 STREET MTC MATERIA,S 5.23
35 LIBRARY CLEANING SUP 6.30
35 LIBRARY OLD REPAIR SUP 12.66
35 SMALL TOOLS/PARKS 17.49
35 REPAIR I MTC/ST LITES 36.52
35 GLOVES/MATER DEPT 11.46
35 MTC SUPPLIES/WATER OCP 96.91
35 ANIMAL CONTROL SUPPLIE 34.33
3S LIBRARY MISC SUPPLIES 7.35
35 SHOP A GAR SUPPLIES •.31
35 MISC SUPPLIES/PARKS OE 16.39
35 EQUIP REPAIR PARTE/5110 12.23
35 GLOVES/STREETS 13.60
35 MISC SUPPLIES/SEWER COL 9.59
30 MISC REPAIR I MTC/3TRT 17.50
35 MISC SUP/PW INSPECTIONS 5.10
35 MISC EXP/FALLON AVE 0.79
461.92
295 OAA MEETING SALARY 45.00
55 CITY HALL SUPPLIES 20.00
294 OAA MEETING SALARY 70.00
:94 TRAVEL EXPENSE/OAA MTO 11.44
91.44
It LIBRARY CLEANING CONI 727.50
VC11ECR TOTAI
10t EfK TOTAL
1CIN• K IOrAL
CRC FINANCIAL SYSTEM
12/09/91 09:1.6:50
WARRANT DATE VENDOR
GENERAI. CHECKING
32649 12/09/91 KOROPCHAK/Ol1VE
32650 12/09/91 MAUS/KENNETH
32651 12/09/91 PETTY CASH
32651 12/09/91 PETTY CASH
32651 17/00/91 PETTY CASH
32651 12/09/91 PETTY CASH
32651 12/09/91 PETTY CASH
32651 12/09/91 PETTY CASH
32G52 12/09/91 SALKOWSKI/THOMAS
32657 12/00/91 SALKOWSKI/THOMAS
32053 12/09/91 SAWATZKE/PATRICK
32654 12/09/91 SKILLPATII, DHC.
37655 17/09/91 VASKO RUBBISH REMOVA
32555 12/09/91 VASKO RUBBISH REMOVA
GENERAL CHECKING
Disbursement Journal
DESCRIPTION AMOUNT
CLA114 1""'0
97
TRAVEL EXPENSE 22.75
109
OAA MEETING SALARY 30.00
166
WWTP HEATING SUPPLIES 34.80
IBB
POSTAGE/CITY HALL 8.10
166
BLO INSPECTIONS EXPENS 25.00
IBB
SMALL TOOLS/TNSPECT IONS 2.95
186
VAN MTC/BLO INSPECTIONS 3.50
166
POSTAGE/MATER DEPT 1.67
' 74.62
•CHECK TOTAL
297
OAA MEETING SALARY 150.00
297
TRAVEL EXPENSE/OAA MTG 13.26
163.26
•CHFC..X TOTAL
802
OAA MEETING SALARY 30.00
.90093
SEMINAR FEE/WANDA K 99.00
$24
GARBAGE CONTRACT/NO 7.996.99
526
SALES TAM/GARBAGF. CON 520.70
0.517.69
•CHECY, TOT AI
TOTAL 11.016.81
1
r -
-
r
_
F:RC F,INANC_
IAL, SYSTEM,
'17/09[91,
14:42.:01
Of sbursem:ntJournal
WARRANT
DATE
VENOORp
DESCRIPTION AMOUNT
CLAIM, INVOI
r
'
GENERAL CHECKING'
32656
12/10/91
'ARA CORY REFRESHMENT
,408
CITY
HALL SUPPLIES
20.00
32657
12/10/91,
CENTRAL MCGOWAN, INC
30
SHOP
SUPPLIES
4,1.90
37659
12/10/91
CONTINENTAL SAFETY E
259
AIR PACKS/TANKS/FIR 2;600.00
32659
12/10/91
COPY,DVPLCATING PROD
'41
COPY
MACHINE MTC/LIBRA
50.40
32660
12/10/91
GOPHER STATE ONE CAL
69
PROF
SERV/WATER DEPT
35.00
=
J2SCI112/10/01-HOLMES
& GRAVEt]
05;PROF
SERV/AROPLPK=,
633.82�
_
32662
12/10/81
ISCO. INC..
406
PUMP
TUBING/SEWER COLL
50.00
32663
12/10/91
MOORES EXCAVATING
258'INFO
CENTER/WATER LIN
400.00
37664
12/10/81
O.E.I. BUSINESS FORM
158
COPY
MACHINE PAPER
I'17,. 15
32605
12/10/91
OLSON & SONS ELECTRI
160
FOOD
SHELF It C HALL R
356.29
32685
12/10/91
OLSON & SONS ELECTRI
160
LIBRARY BLD REPAIRS
292.25
32865
12/10/91
OLSON & SONS ELECTRI
160
LITE
GLOBES FOR PARKS
20.69
376GS
17/10/91
OLSON & SONS ELECTRI
160
WWTP
HEATING SYSTEM R
257.37
32605
12/10/91
OLSON & SONS ELECTRI
100
CREDIT
OUE/SOCKET/CARD
36.19CR
890.36
8CHECK TOTAL
32680
12/10/91
PETERSEN'S MONT FORD
105,
MTC
OF VEHICLES/STRFE
228.19:
-
37600
17/10/91
PETERSEN'S MONT FORD
165
VEH
REP PARTS'/STREETS
3.76
i
229.92
$CHECK TOTAL
32667
12/10/91
PITNEY BOWES
169
MISC
SUPPLIES/POSTAGE
107:00
32606
12/10/91
PLUMBERV-PURCELL'-S P
251,
MTC
SUPPLIES/PARKS
V.80
32630
12/10/01
RELIABLE CORPORATION
179
MISC
COMPUTER ITEMS'
9.76
,
32009
12/10/91
RELIABLE CORPORATION
179
MISC
OFFICE SUPPLIES
11.00
32069
12/10/01
RELIABLE CORPORATION
179
MISC
COMPUTER SUPPLIES
67.25
09,.97
*CHFCto TOTAL,,
LiEOERAL
CIIECR3NQ;
TOTAL 9,269.32
81
CFINANCIAL SYSTEM
12/13/91 11:27:17
WARRANT DATE VENDOR
GENERAL CHECKING
32670 12/13/01 MN DEPART OF NATURAL
32671 12/13/91 MN DEPART OF NATURAL
32672 12/13/91 PRINCIPAL MUTUAL LIF
32873 12/13/91 A T A T INFO SYSTEMS
32674 12/13/91 ASHWILL CERAMIC TILE
32675 12/13/91 ROSE/TOM
32676 12/13/91 BUSINESS RECORDS COR
32877 12/13/91 CLARK BOARDMAN
32676 12/13/91 FEEDRITE CONTROLS, I
32679 12/13/91 KOLLES SAND A GRAVEL
32600 12/13/91 LUKACH/JOHN
32680 12/13/01 LUKACH/JOHN
32880 12/13/91 LUKACH/JOHN
32680 12/13/91 LUKACH/JOHN
32881 12/13/91 MN PUS EMPLOY LABOR
32082 12/13/91 NORTHWEST ASSOC CONS
32003 12/13/91 OLSON. USSET,AGAN A
32884 12/13/91 PLUMBERY-PURCELL'I A
32065 12/13/01 ROYAL TIRE OF MONTIC
32095 12/13/01 ROYAL TIRE OF MONTIC
GENERAL CHECKING
Disbursement Journal
DESCRIPTION AMOUNT CLAIM I' '11
118 WATERCRAFT/SNOW/ ATV R 822.00
118 WATERCRAFT/SNOW/ATV RE 95.00
174 KAREN HANSEN INS PREM 178.08
15 PHONE CHARGES 5.30
803 INFO CENTER IMPROVE 2,390.00
336 TRAVEL EXPENSE 17.00
27 COMP SOFTWARE SUPPO 5,525.00
604 PLAN A ZONING BOOK 8.44
56 PROF SERVICES/MATER DE 65.00
892 SNOW REMOVAL SERVICES 743.75
327 MILEAGE EXPENSE 26.40
327 MILEAGE EXPENSE 8.80
327 MILEAGE EXPENSE 0.80
327 MILEAGE EXPENSE 9.80
52.90
423 MEMBERSHIP DUES 100.00
550 PROF SERVICE$/PLAN S 603.50
292 LEGAL FEES 400.00
251 FURNACE CLEANING/RENT 125.00
227 VEHICLE REPAIR A MTC 99.95
227 SEWER COLL VEHICLE RE 378.46
465.4 1
• TOTAL 11,712.20
*CHECK TOTAL
$CHECK TOTAL
BRC FINANCIAL SYSTEM
12/19/91 13:40:31
WARRANT DATE VENDOR
GENERAL CHECKING
32688 12/17/91 ASHWILL CERAMIC TILE
32687 12/17/91 NATIONAL CASUALTY CO
32699 12/17/91 U.S. POSTMASTER
32689 12/17/91 MN DEPART OF NATURAL
32690 12/17/91 MN DEPART OF NATURAL
32091 12/20/91 ARA CORY RCFRCS:IMENT
32692 12/20/91 B 8 0 PLUMBING S HEA
32683 12/20/91 COMMUNICATION AUDITO
32694 12/20/91 FYLES EXCAVATING \ M
32695 12/20/91 K MART STORE
32696 12/20/91 MONTICELLO FIRE DEPA
32696 12/20/91 MONTICELLO FIRE OEPA
32697 12/20/91 SCHILLEWAERT LANDSCA
32696 12/20/91 $HUMAN/CATHY
32699 12/20/91 U.S. ALLOYS
GENERAL CHECKING
Ofebureement Journal
DESCRIPTION AMOUNT CLAIM INVOI
603 INFO CENTER IMPROVE 1,610.00
805 INS PREM/FIRE DEPT 152.62
210 THIRD CLASS PRESORT F 150.00
116 WATERCRAFT/SNOW/ATV 1,399.00
118 WATERCRAFT REG/TITLE R 58.00
400 CITY HALL SUPPLIES 40.00
600 FURNACE REPAIR/FOOD S 231.29
38 RADIO REPAIR/FIRE DEPT 19.04
280 PROF SERV/FIRE DEPT 360.00
460 FIRE DEPT SUPPLIES 14.00
135 SUB/FIRE DEPT 120.00
135 PETTY CASH REIM8/LIRE 480.13
600.13
382 PROF SERV/TREE REMO 4,775.00
191 MILEAGE EXPENSE 15.50
808 SHOP A GAR SUPPLIES 117.92
TOTAL 9.542.50
•CHECK TOTAL
RFC FINANCIAL SYSTER
12/20/91 14:32:36
WARRANT DATE VENDOR
GENERAL CHECKING
32700 12/19/91 U.S. POSTMASTER
32700 12/19/91 U.S. POSTMASTER
32700 12/19/91 U.S. POSTMASTER
32701 12/20/91 AUTOMATIC GARAGE D00
32702 12/20/91 COMMISSIONER OF TRAN
32703 12/20/91 DOUBLE D ELECTRIC
32704 12/20/91 OIJERR-S WATER CARE S
32705 12/20/91 FRONTLINE PLUS FIRE
32706 12/20/91 JAMES HEIM
32707 12/20/91 K MART STORE
32709 12/20/91 LATOUR CONSTRUCTION
32708 12/20/91 LA70UR CONSTRUCTION
32708 12/70/91 LATOUR CONSTRUCTION
32709 12/20/91 M ONTICELLO ROTARY
32710 12/20/91 PROFESSIONAL SERVICE
32711 12/20/01 SCHARBER & SONS. INC
32712 12/20/91 ST. CLOUD RESTAURANT
32713 12/20/91 UNIVERSITY OF MINNES
GENERAL CHECKING
DlsbursemenL Journal
DESCRIPT ZON AMOUNT CLAIM - '0
210 RECYCLING POSTAGE 212.35
210 RECYCLING POSTAGE 150.00
210 CORRECT CODING 150.000R '
212.35 •CHECK TOTAL
260 FIRE HALL DOOR REPAIRS 69.00
240 PUBLIC TRANSIT DAVM 1,033.12
90166 INFO CENTER IMPROVE 1,365.00
49 DEC WWTP RENTAL SERVIC 14.25
510 EQUIP RE PAIRS/FIRE DEP 53.70
90185 BOOK/FIRE DEPARTMENT 116.85
460 FIRE HALL SUPPLIES 27.45
465 CONST CO STS/FALLON 4,390.92
465 CONST COSTS/BRIAR 0 4.318.70
465 CONST CO STS/CARDINA 2.679.65
11.587.27 -CHECK TOTAL
138 ROTARY O UE6/J ONEILL I0D.00
175 CLARIFER PARTS/WWTP 2,762.00
229 PARTS/SNOW & ICE 10.77
289 TOWEL/LI SRARY 52.38
212 DATA INF O/ECON DEVELOP 50.00
TOTAL 17.537.11
BRC FINANCIAL SYSTEM
12/26/91_ 11:33:55
WARRANT DATE VENDOR
GENERAL CHECKING '
32714 12/24/91 MANPOWER, INC.
32715 12/24/91 FIRST NAT BANK OF MO
32718 12/24/91 MONTICELLO ANIMAL CO
32717 12/24/91 ADOPT -A -PET
32718 12/24/91 MN DEPART OF NATURAL
32719 12/24/91 MN DEPART OF NATURAL
32720 12/25/91 AMVET
32721 12/25/91 ASHWILL CERAMIC TILE
32722 12/26/01 B 8 D PLUMBING 8 HEA
32723 12/25/61 CENTURY LABS
32724 12/26/91 GLASS NUT/,TME
32725 12/20/91 HOLIDAY CREDIT OFFIC
32720 12/26/91 IDEAL RADIATOR REPAI
32727 12/26/Y1 L "N" R SERVICES - L
32726 12/26/01 MARCO BUSINESS PRODU
32729 12/26/91 MOBIL
92729 12/20/01 MOBIL
32729 12/26/01 MOBIL
32729 12/20/61 MOBIL
32720 12/26/61 MOBIL
32729 12/25/01 MOBIL
32730 12/20/91 MTI OI6BTRIOUTING CO
32731 12/26/91 OAR-BCNELEN-MAVERON
32791 12/20/91 ORR-SCNELEN-MAVERON
32731 12/20/01 ORR-SCNELEN-MAYERON
32731 12/20/01 ORR-SCNELEN-MAVERON
32731 12/26/01 ORR-SCNELEN-MAYERON
32731 12/26/91 ORR-BCNELEN-MAYERON
32131 12/20/01 ORR-SCNELEN-MAYERON
Disbursement Journal
DESCRIPTION AMOUNT CLAIM INVO1
640 TEMP SERVICES/CITY HA 413.40
462 DEPOSIT BOOKS/DEP REG 13.63
105 ANIMAL CONTROL SERVIC 072.00
4 ANIMAL ADOPTIONS 744.00
118 WATERCRAFT/SNOW/ATV R 901.00
118 WATERCRAFT A TITLE REG 58.00
504 ANIMAL VET SERVICES 30.00
603 INFO CENTER IMPROVE 2,390.00
600 INFO CENTER IMPROVE 1,764.60
270 SNOW A ICE PLOW MIK 444.49
86 VEHICLE MTC/PARKS DEPT 31.02
08 GAS/FIRE DEPT 192.37
554 RADIATOR/STREETS 38.00,
103 FIRE HALL DOOR REPAIR 165.99
108 OFFICE SUPPLIES/C HALL 00.12
131 GAS/BLO INSP 10.14
131 GAS/FIRE DEPT 41.39
131 OAS/WATER DEPT 40.74
131 GAS/SEVER COLL 46.74
131 GAS/STREET DEPT 242.78
131 BATTERY/STREET DEPT 60.91
460.00
290 SNOW A ICE PARTS 68.19
182 ENG FEES/SANDBERG E 1,303.56
102 ENO FEES/BRIAR OAKIS 800.61
162 ENO FEES/CTV 75 A 30 310.03
162 ENO FEES/CARDINAL HIL 342.39
162 MISC ENO FEES 3,303.13
182 VWTP HEATING SYSTEM 435.63
102 ENO FEES/HART BLO 6 1,160.50
7.841.55
•CHECK TOTAL
OCNECK TOTAL
6RC FINANCIAL SYSTEM
11/20/91 11:33:55
WARRANT DATE VENDOR
GENERAL CHECKING
32732 12/26/01 PETERSEN'S MONT FORD
32733 12/28/01 PRINCIPAL MUTUAL LIF
32734 12/26/91 RIVERSIDE OIL
32734 12/26/91 RIVERSIDE OIL
32735 12/26/91 VISU-SEWER CLEAN A S
32736 12/26/91 ZACK'S IND. CLEANING
32136 12/26/91 ZACK'S IND. CLEANING
GENERAL CHECKING
01 sbureement Journe 1
DESCRIPTION AMOUNT CLAIM 1...0
165 PARTS/STREET DEPT 253.10
174 INS PREMIUM/KAREN MAN 210.06
496 ANTI -FR EEZE/SHOP 0 GA 156.95
496 GAS/STREETS 759.13
018.60 SCHECK TOTAL
590 SEWER TELEVISING/CARO 937.50
312 MISC SUPPLIES/MATER 47.00
312 SHOP ! GARAGE SUPPLIE 141.55
166.55 GCHECK TOTAL
TOTAL 10.726.13
BFC FINANCIAL SYSTEM
12/31/91
18:30:11
Disbursement
Journal
WARRANT
DATE
VENDOR
DESCRIPTION
AMOUNT
CLAIM INVO.
GENERAL CHECKING
32737
12/30/91
DAN POIRER
.00198
SEWER & WATER REFUND
33.92
32738
12/30/91
PETER PALMISANO
.90167
SEWER 6 WATER REFUND
44.01
32739
12/30/91
MONTICELLO AUTO BODY
600
VAN REPAIRS/MATER DEP
200.00
32740
12/30/91
VIKING PIPE SERVICES
214
TELVISING SEWER/CARD H
85.00
32740
12/30/91
VIKING PIPE SERVICES
214
TELEVISING SEWER LN 1.627.50
1.912.50
•CHECK TOTAL
32741
12/30/91
HOGLUND BUS COMPANY
82
VEHICLE PARTS/STREETS
11.67
32741
12/30/91
HOGLUND BUS COMPANY
92
MISC SUPPLIES/SNOW 6I
380.70
392.37
•CHECK TOTAL
32742
12/30/81
ROBERT OLSON
.90191
RECYCLING PRIZE
50.00
32743
12/30/91
ALAN WOJCHOUSKI
.90190
RECYCLING PRIZE
50.00
32744
12/30/91
LOWELL HENDRICKSON
.90169
RECYCLING PRIZE
75.00
32745
12/30/91
WRIGHT COUNTY SHERIF
487
PAYROLL WITHHOLDING
244.51
32748
12/30/91
LIQUOR STORE FUND
100
INSURANCE REIMS
194.00
32747
12/30/91
MN DEPART OF NATURAL
118
WATER/SNOW/ATV REG 1,048.00
32740
12/30/91
MN DEPART OF NATURAL
119
WATERCRAFT TITLE 8 REG 68.00
32749
12/31/01
ADAM'$ PEST CONTROL
3
LIBRARY PEST CONTROL
44.00
32750
12/31/91
BEN FRANKLIN
20
DELIVER MAIL SERVICE
9.09
32750
12/31/91
BEN FRANKLIN
20
MISC SUPP/PW INSP
25.96
32750
12/31/91
BEN FRANKLIN
20
MISC OPERATING SUP/SHOP 3.99
32750
12/31/01
BEN FRANKLIN
20
INFO CENTER IMPROVEMENT 4.23
45.07
OCHECK TOTAL
32751
12/31/.91
BOSE/TOM
338
MILEAGE EXPENSE
22.75
32752
12/31/01
0 i K REFUSE RECVCLI
011
RECYCLING CONTRACT 1.110.03
32753
12/31/91
FEEDRITE CONTROLS. 1
56
NOZZLES/MATER DEPT
185.90
32753
12/31/01
FEEDRITE CONTROLS. I
56
MISC PROF SERV/WATER
12.00
177.00
NCHECK TOTAL
32754
12/31/01
FRONTLINE PLUS FIRE
510
CLOTHING SUP/FIRE DEP
215.95
32755
12/31/01
INDUSTRIAL MAINT. fU
514
SHOP 6 GAR SUPPLIES
60.04
BRC FINANCIAL SYSTEM
12/3 1/9 1 18:30:11
WARRANT DATE VE NDOR
GENERAL CHECKING
32758 12/31/91 MANPOWER, INC.
32751 12/31/91 MC DOVALL COMPANY
32758 12/31/91 MTI DISSTRIEUTING CO
32759 12/31/91 N0RTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
327$9 12/31/91 NORTHERN STATES POWE
32759 12/31/91 NORTHERN STATES POWE
32780 12/31/91 PROGRESSIVE STUCCO
32781 12/31/01 U.S. POSTMASTER
32702 12/31/01 UN ITOG RENTAL SERVIC
32702 12/31/91 U14ITOG RENTAL SERVIC
32702 12/31/91 UN ITOG RENTAL SERVIC
32702 12/31/91 UNI ITOG RENTAL SERVIC
32732 12/31/01 UN ITOG RENTAL SERVIC
32732 12/31/91 UIJITOG RENTAL SERVIC
GENERAL CHECKING
Disbursement Journal
DESCRIPTION AMOUNT CLAIM -VI
440 TEMP SERVICES CITY HA 192.85
III CITY HALL FURNACE REP 218.05
299 SNOW A ICE PARTS 13.04
140
UTILITIES
930.38
140
UTILITIES
153.27
148
UTILITIES
314.14
148
UTILITIES
89.89
148
UTILITIES
735.31
148
UTILITIES
0.73
148
UTILITIES
404.04
140
UTILITIES
829.83
148
UTILITIES
04.74
3.518.91
810
INFO CENTER IMPROVEME 400.00
210
200 RECYLING POST
CARD 30.00
211
UNIFORM RENTAL
12.00
211
UNIFORM RENTAL
12.00
211
UNIFORM RENTAL
12.80
211
UNIFORM RENTAL
12.00
211
UNIFORM RENTAL
00.52
211
UNIFORM RENTAL
22.13
181.85
TOTAL 10.510.21
•CHECK TOTAL
*CHECK
I
DRC, FINANCIAL SYSTEM
12/09/91 14:41:2®. OIODursemenr. Journal
WARRANT DATF VENDOR DESCRIPTION AMOUNT CLAIM INVO
LIQUOR FUND
16030 12/09/01 BRIDGEWATER TELEPHON 800002 TELEPHONE CHARGES
10037 12/09/91 EAGLE WINE. COMPANY 800012 WINE PURCHASE
16037 12/09/91 EAGLE WINE COMPANY 800012 BEER PURCHASE
16038 12/09/91 GRIGGS, COOPER @ COM 800018 LIQUOR PURCHASE
16039 12/09/91 JOHNSON BROS WMOLESA 800022 LIQUOR PURCHASE
18039 12/09/01 JOHNSON BROS WHOLESA 800022 WINE PURCHASE
16040 12/09/91 PHILLIPS 81 SONS CO/E 800037 LIQUOR PURCHASE
16040 12/09/91 PIiILLIPS A SONS CO/E 800037 WINE PURCHASE
LIQUOR FUND TOTAL
100.25
1,379.21
01.60
1,456.81 •CHECK TOTAL
1,233.27
3.151.01
4.336.21
8.087.22 •CHECK TOTAL
1.040.95
923 .48
1,904.43 ACHECK TOTAL
12,047.80
BRC FINANCIAL SYSTEM
12/31%91
12147142
GjebureemenL.
Journal
WARRANT
DATE
VENDOR,
DESCRIPTION
'
AMOUNT
CLAIM '0'
I
LIQUOR FUND
J
16041
12/23/81
PRINCIPAL MUTUAL LIF
900038
INS PREMIUM/W GOENNER
131 .15
16042
12/23/91
CITY OF MONTICELLO
800003
INS REIMS TO CITY/OCT
S1 .14
16043
12/23/91
FEETIGUE
800123
3 CHAIR MATS
96.00
16044
12/23/91
PHILLIPS 6 SONS CO/E
900037
LIQUOR PURCHASE
1,816.87
16044
12/23/81
PHILLIPS 6 SONS CO/E
800037
WINE PURCHASE
100.60
16044
12/23/91
PHILLIPS 6 SONS CO/E
800037
MISC ITEMS FOR RESALE 14.53
'
1,932.00
•CHECK TOTAL
16045
12/23/91
EAGLE WINE COMPANY_
900012
WINE PURCHASE
1,512.79
16046
12/23/81
GRIGGS, COOPER 8 COM
800018
LIQUOR PURCHASE
1,512.81
16047
12/23/91
U 9 WEST COMMUNICATI
900093
ADVERTISING
23.75
16049
12/23/01
JOHNSON BROS WHOLESA
800022
LIQUOR PURCHASE
4,374.27
16049
12/23/91
MONTICELLO MAGAZINE
800124
ADVERTISING
250.00
16050
12/23/91
QUALITY WINE 6 SPIRI
800040
LIQUOR PURCHA9E
7,890.82
16050
12/23/91
QUALITY WINE 6 SPIRI
900040
WINE PURCHASE
1,271.39
4,162.01
•CIIECK TOTAL
16051
12/23/91
JOHNSON BROS WHOLESA
800022
LIQUOR PURCHASE
5.697.29
16051
12/23/91
JOHNSON BROS WHOLESA
100022
WINE PURCHASE
5,471.98
11, 169.25
•CHECK T L
16052
42/23/91
PHILLIPS & SONS CO/E
100037
WINE PURCHASE
322.60
16052
12/23/91
PHILLIPS i SONS CO/E
800037
LIQUOR PURCHASE
11816.05
61138.65
•CHECK TOTAL
16053
12/23/91
QUALITY WINE i SPIRI
100040
MISC ITEMS FOR RESALE 121.31
18053
12/23/91
QUALITY WINE 8: SPIRI
100040
WINE PURCHASE
738.93
15053
12/23/91
QUALITY WINE & SPIRI
100040
LIQUOR PURCHASE
1,612.32
2,672.56
OCHECK, TOTAL
16054
12/30/91
BERNICK'S PEPSI COLA
100001
•POP PURCHASE
171.50
10055
12/30/91
DAHLHEIMER DISTRIBUT
800009
BEER PURCHASE
20.423.35
16085
12/30/91
DAHLHEIMER DISTRIBUT
100009
JUICES FOR RESALE
50.35
16055
12/30/91
DAHLHEIMER DISTRIBUT
800009
MIXES FOR RESALE
42.00
20.815.70
•CHECK TOTAL
16058
12/30/91
DAY DISTRIBUTING COM
100010
MISC ITEMS FOR RESALE 24.65
15096
12/30/91
DAY DISTRIBUTING COM
100010
BEER PURCHASE
638.96
863.23
•CIIECK TOTAL
BRC FINANCIAL SYSTEM
12/31/91
12:47:42
Dlebureement Journal
WARRANT
DATE
VENDOR
DESCRIPTION
AMOUNT
CLAIM IN VO;
LIQUOR FUND
16057
12/30/91
DICK WHOLESALE CO.,
800011
BEER PURCHASE
2,870.50
16057
12/30/91
DICK WHOLESALE CO..
500011
MISC LIQUOR STORE
SUP 24.50
2.895.00
•CHECK TOTAL
18058
12/30/91
EAGLE WINE COMPANY
500012
MIX FOR RESALE
38.60
16058
12/30/91
EAGLE WINE COMPANY
500012
WINE PURCHASE
1,378.53
1,415.33
*CHECK TOTAL
18059
12/30/91
FLAMERTY'S HAPPY TYM
800091
MIX FOR RESALE
96.00
18050
12/30/91
GRIGGS, COOPER 6 COM
800018
LIQUOR PURCHASE
4,995.67
16061
12/30/91
JUDE CANDY 8 TOBACCO
800021
MISC LIQUOR STORE
SUP 5.40
16061
12/30/91
JUDE CANDY 6 TOBACCO
800021
CICS 6 CIGARS FOR
RES 122.24
16061
12/30/91
JUDE CANDY 6 TOBACCO
800021
MISC OPERATING SUPPLI 181.55
309.22
•CHECK TOTAL
16062
12/30/91
MCOOWALL COMPANY
800065
FURNACE REPAIRS
267.41
16063
12/30/91
MONTICELLO OFFICE PR
800031
OFFICE SUPPLIES
41.58
16084
12/30/91
NORTHERN STATES POWE
800035
UTILITIES
84t.10
16065
12/30/91
OLSON 6 SONS ELECTRI
800035
COMPUTER INSTALLMENT 43.25
16086
12/30/91
PAUSTIS 8 SONS
600103
WINE PURCHASE
30.00
18067
12/30/91
RON'S ICE COMPANY
800041
ICE PURCHASE
59.70
18068
t2/30/91
SERVICE SALES CORPOR
600042
MISC SUPPLIES
18.36
16069
12/30/91
SEVEN-UP BOTTLING CO
600043
POP PURCHASE
179.45
16070
12/30/91
ST. CLOUD RESTAURANT
800045
JUICE FOR RESALE
161.85
16070
12/30/91
ST. CLOUD RESTAURANT
800045
MISC ITEMS FOR RESALE 32.65
214.30
*CHECK TOTAL
16071
12/30/91
THORPE DISTRIBUTING
100046
BEER PURCHASE
21,245.65
16072
12/30/91
VIKING COCA-COLA 60T
600051
POP PURCHASE
278.55
LIQUOR FUND
TOTAL
66,015.56
COUNCIL UPDATE
January 7, 1992
Kiellberqs West Mobile Home Park Sewer Connection Status. (R.W.)
In January 1991, the City Council, along with the Monticello
Township Board, agreed to allow the Kjellberg West Mobile Home Park
to be annexed into the city provided Mr. Kjellberg completed a
sewer connection by December 31, 1991. This deadline allowed
Mr. Kjellberg 11 months to complete the design and construction of
the sewer connection; and as expected, the construction has not
been completed.
In December 1991, Mr. Kjellberg asked the City Council for an
extension of time to complete the sewer connection until spring of
1992, which the Council denied. Mr. Kjellberg's failure to
complete the construction by the end of the year may be a blessing
In disguise in that the annexation of the west mobile home park at
this time would not have been economically beneficial to the City.
With annexation, the City would have incurred approximately a
$25,000 per year cost in providing recycling and garbage services,
far exceeding our potential revenue.
Enclosed you will find copies of letters I have sent to
Mr. Kjellberg concerning the City Council's denial of his extension
request and also noting that annexation would not be eonaiderod for
the west mobile home park until such time as the east mobile home
park is connected. I also noted in the letter that the west mobile
home park could still be connected to our sewer system without
annexation and that the City Council in the future would review our
policy to consider establishing a rate for sewer usage that may be
similar to the rate charged other governmental and institutional
properties that are non -city properties at 1-1/4 times the rates in
offect. Our current ordinance Indicates that a non -city parcel
Connected to our sewer system pays 3 times the rate.
Currently, the PCA is considering litigation against Kjollborgs,
Inc., for failure to connect their sewer system to the City or
upgrade their on-site facilities. Mr. Kjellberg recently indicated
he Is exploring the feasibility of extending a gravity sower lino
along tho east side of Highway 25 to provide a connection point for
possibly hooking up both the oast and west mobile home parks by
force main. I am not optimistic that anything will happen in the
near future, but Mr. Kjellberg has been informed that his window of
opportunity has elapsed for annexation of the wast mobile home
park.
*I==
MONTICELLO
0 ,ice of the City Adrnmistrawr
250 East Broadwae December 2, 1991
tionticellu. 10N 33362-9:43
Phone: (61_)295.2i1)
Metro: (612) 333.5739
Mr. Tod Eckberg
Municipal Section
Water Quality Division
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155-3898
Re: Kjollberg west Mobile dome Park Sower Extension
Dear Tod:
t
On Monday, November 25, the Monticello City Council reviewed and
discussed a request by Mr. Kent Kjellborg, who requested an extension of
the completion date for the connection of his west mobile home park until
spring of 1992. As you are aware, the City has been working with
Mr. Kjellberg for over a year on the possible connection and annexation
of his west mobile home park. In January 1991, the City Council adopted
a resolution agreeing to allow annexation of the mobile home park if a
sanitary sewer connection was completed by December 31, 1991.
In reviewing Mr. Kjellborg's request for an extension, the City Council
did not feel an extension was warranted and indicated if the sanitary
sewer hookup was not completed by December 31, 1991, the City Council
would not proceed with annexation of the west mobile home park. The
primary reason for their decision was that the east mobile home park,
which has boon in the city limits since 1988, is also not connected to
the city sower system; and until the east park is connected, the Council
would not react favorably to an annexation request for the west mobile
home park. In reviewing the benefits of annexation, the Council also
indicated that annexation of the west mobile home park may not be in the
best interest of the City for economic reasons, but this dons not
necessarily moan that the City would not allow the west mobile home park
to be serviced by city sewer.
The City currently has a sower and water service policy for properties
outside of the city limits, which does allow service to be provided to
non -city residents. The policy currently states that hookup charges will
be billed at three times the normal rate plus engineering review cost,
Mr. Tod Eckberg
December 2, 1991
Page 2
and sewer user fees would also be billed at three times the normal rates.
The present policy would probably deter Mr. Kjellberg from completing a
connection without annexation, but the City Council indicated they would
look at revising the policy to possibly reflect the charges that would
be applicable to governmental and institutional users which are charged
1-1/4 times the normal rates. It appears that the Council will be
favorable to adding a provision for this lower rate for those existing
properties that may be causing an environmental problem.
To summarize, the City Council feels our efforts should be focused on
seeing that the east park is connected to the city sewer before providing
services for properties outside of the city limits. The Council felt the
City has been extremely cooperative in allowing Mr. Kjellberg sufficient
time to connect the west mobile home park by December 31, and if the
connection is not completed by this date, the City will no longer
consider annexation at this time.
Should you have any questions regarding the Council's action, please give
me a call.
Sincerely,
��CTTV OF MONTIC ELLO
Rick Wolfstell er
City Administrator
RW/kd /
cc: PCA Kjoll burg File
%tOINTiCELIO
Ofp:e of the City Administrator
250 Eist Broad,,av December 3, 1991
4tonticclio, `!V 55362.9245
Phone: (612) 295.271H
Metro: (612) 333-5739
Mr. Kent Kjellberg
1000 Kjellbergs Park
Monticello, MN 55362
Re: West Mobile Home Park Sewer Connection
Dear Kent:
On October 30, 1991, the City completed its review of your plans and
specifications for the connection of the west mobile home park and
cl responded to your engineer, Brian Dobie, with a letter outlining our
comments. The City nor our engineer, Bret Weiss of OSM, has received any
response from Mr. Dobie concerning our plan review concerns. I am not
aware of Mr. Dobie contacting anyone at OSM nor any staff member
concerning the modifications needed in regard to your plans and
specifications. The City Engineer nor the City of Monticello is in a
position to approve the submitted plans until such modifications are
resubmitted. I would suggest you contact your engineer to check on the
modifications that are necessary.
The City Council recently reviewed your request for an extension of time
to complete the sower connection until spring of 1992. The City Council
indicated that they were not in favor of granting an extension, as they
felt Kjellbergs, Inc., had sufficient time to complete the connection by
December 31, 1991. In addition, the Council noted that if the connection
is not made by December 31, the City would not be supportive of
annexation of the west mobile home park until such time as the east
mobile home park is also connected to the City's sanitary sower system.
The City Council will be reviewing our policy that allows non -city
parcels to utilize city sower services without being annexed, which
currently establishes a hookup charge and a sower user charge at three
times the normal rate. The Council asked the City staff to review this
policy to possibly establish a rate for non -city residents that would be
similar to other governmental and institutional properties, which is
1-114 times the normal rates in effect. As a result, it is possible the
west mobile home park would still be able to connect to the city sower
Mr. Kent Kjellberg
December 3, 1991
Page 2
system without being annexed, and it is likely the hookup rate and sewer
usage rate would be established at 1.25 times the rates for city
property.
Should you have any questions, please contact me at your convenience.
Sincerely,
OF MONTICELLO
���.t4,,
Rick Wol eller
City Adm nistrator
RWlkd
cc: Kjellberg PCA File V
R
CITY or MONTICELLA
Monthly Building Department Report
Non U, of DECO40ER , 19 91
PERMITS AND USES
Last 'This
Be- Month
Last Year -This
Year
PERMITS ISSUED
Month NOVEMBER Month
DECEMBER
Last Year
To Dat o
To Data
RESIDENTIAL
5
7
175
177
Number
Valuation
1
5 16,200.00 8 115,200.00
8 16,900.00
87,722,900.00
82,713,800.00
Poem
173.00
988.87
189.60
18,571.18
18,116.76
Surcharges
8.10
37.10
8.70
1,065.10
1.166.99
COMMERCIAL
4
37
26
Number
Valuation
5
6,683,700.00
77,000.00
7,062,700.00
8,267,700.00
Paas
27,139.77
211.00
16,512.37
37,974.70
surcharges
7,711.69
11.75
I, SSV. 15
1. L'9. G0
IRBUSTnIAL
1
10
11
Nusbar
Valuetlon
1
113,000.00
700,000.00
3,060,300.00
311,800.00
Pees
177.00
989.30
18,271.20
1,778.95
Surcharges
56.30
100.00
1,470.19
257.10
PWM11I110
Number
7
22
13
10
Pees
711.00
46.00
67.00
1,201.00
11116.00
Surcharges
1.50
1.00
1.00
21.50
20.00
OTHERS
Number
7
5
Valuetlon
95,000.00
00.00
Pee■
1,110.60
50.00
Surcharges
1..00
2.50
TOTAL 110. PBRMIT9
10
7
10
277
209
TOTAL VALUATION
6,817,500.00 115,200.00
239,900.00
8,110,500.00
11,127,900.00
TOTAL PEE/
28,028.33
991.87
1,181.10
97,699.81
67,077.11
TOTAL /URCIIAROES
1,407.75
59.10
120.15
4,725.20
5,376.57
CURRENT MIT"
ILFMMIT NATU1111
(lumber PERMIT
- /URC11AR05 Valuation,
1'hls Year
last Year
Sln81e Pully
7 6658.57
851.25
8105,500.00
30
27
Duptaa
1
0
Multi•feslly
0
1
Co�arc1•l.
/
6
Industlist
7
4
Ras. OaraVss
6
9
.lens
0
0
Publlo nuildings
0
1
AI,TERATION OR REPAIR
Umsllings
7 90.70
7.45
6,700.00
a/
/0
Co�erc hat
77
26
industrial
9
6
PLUMUl1E
All Types
7 46.00
1.00
40
17
ALrr.//p1Y/TRUCTUREI
8r1 ing Poste
1
2
Dark.
71
17
TBNPORARY PBIMIT
S
0
UIPIOLITIOP
!
9
TOTA1/
7 994.67
38.10
116,700.00 209
227
PERMIT I DESCRIPTION
NUMBER
91-1767 House and Garage
91-1788 Hou aa Iaroof
91-1789 Houu Windova
91-1790House and Garage
91-1791 House Facia and Soffit
PIAS REVIEW
91-1757 House and Garage
91-1790 House and Garage
INDIVIDUAL PERMIT ACTIVITY BEPOHT
Month Of ua2m17R . 19—u
NA 42/IDGITION
S.F Value Plus Horn/5030 Starling Drive
AD Rick Blomberg/670 Rlverviev Drive
AD Todd and Bary Holt/115 Wept Broadvay
9.r Value Plus Boase/5031 Martin Drive
AD Shlrley Anderson/306 Fast Broadway
VALUATIONRL
P[AMI7
- fUACilMGL PLUME=
EUaCtlMR
51.700.00
1579.93
625.85
123.00
0.50
11,500.00
15.00
.50
1,500.00
15.00
.50
56,900.00
400.59
28.40
28.40
23.00
23.00
.50
.50
3,700,00
M3Q
115,-- 22D .000
7�
50
X00
1.00
S.F Value Plus Boles/5030 Starling Drive 37.99
8.F Value Plus Hones/5031 Martin Drive 40.06
TOTAL PLAN REVIEW 678.03
TOTAL MOM 11,032.97