City Council Agenda Packet 03-12-1990AGENDA FOR THE MEETING OF THE CITY COUNCIL
( Monday, March 12, 1990 - 7:00 p.m.
Mayor: Ken Maus
Council members: Fran Fair, Warren Smith, Shirley Anderson, Dan
Blonigen
1. Call to order.
2. Approval of minutes of the regular meeting held February 26,
1990.
3. Citizens comments/petitions, requests, and complaints.
4. Consideration of approving preliminary and final plat -
Remmele Addition.
5. Public Hearing - Consideration of Vacation of Fallon Avenue
between Chelsea Rd and I-94 and consideration of Vacation of
utility easeaments.
6. Public hearing and consideration to adopt a resolution
relating to the modification, by the Housing and Redevelopment
( Authority in and for the City of Monticello, of the
redevelopment plan relating to Redevelopment Project No. 1,
the modification of the Tax Increment Financing Plans relating
to Tax Increment Financing District Nos. 1-1 through 1-9, and
the establishment of Tax Increment Financing District No. I-
10, all located within Redevelopment Project No. 1, and the
approval and adoption of the Tax Increment Financing Plan
relating thereto.
7. Public Hearing - Consideration of Resolution adopting Tax
Increment Finance Plan - The Lincoln Companies/KMART.
8. Consideration of purchase of the Pratt Property - a portion of
the land necessary for the 7th street alignment.
9. Public Hearing - Consideration of request to rezone R-1
(single family residential) to PZM (performance zone mixed).
Applicants: Thomas Holthaus, Malt Holker, and Steve Holker,
owners of West Side Market.
10. Update: Status of Conditional Use permit which would allow
development of a carwash and doll at the site of the West Side
Market. Applicants: Tom Holthaus and Matt and Steve Holkor.
11. Consideration of a variance request to allow no curbing or
hard surfacing In certain areas of a driving area and
loading/unloading area. Applicant, Martio's Farm Service.
( Council Agenda
l March 12, 1990
Page 2
12. Consideration of replacing overhead doors at the Public Works
building.
13. Consideration of holding annual Junk Amnesty Day on June 2,
1990.
14. Consideration of hiring Receptionist/Utility Billing Clerk.
15. Consideration of granting a Seasonal 3.2 Beer License to the
Monticello Softball Association.
16. Consideration of gambling license application renewals -
Monticello Jaycees.
17. Consideration of Liability Insurance Coverage Waiver of
Immunity.
18. Consideration of request for (1) day set-up/3.2 beer license
for Ducks Unlimited banquet and one (1) day 3.2 beer license
for July 1 Riverfest celebration - Lions Club.
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, February 26, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley
Anderson, Dan Blonigen
Members Absent: None
Approval of minutes.
After discussion, motion was made by Fran Fair and seconded by
Shirley Anderson to approve minutes of the regular meeting
held February 12, 1990, and the special meeting held February
20, 1990. Motion carried unanimously.
Citizens comment�s/petitions, requests, and complaints.
Ray Dineuth requested information on City action pertaining to
his previous request for better enforcement of the snowmobile
ordinance. Dineuth was informed that the item has been
reviewed with the Sheriff and that it is one of the most
difficult ordinances to enforce. It was also reported that
the Sheriff's department has recently apprehended two
individuals suspected of violating the snowmobile ordinance.
Tom Moores of the Baseball Association requested that the City
Council consider expanding baseball facilities due to the
increase in youth baseball participation. After discussion,
Council directed staff to work with the school district toward
development of a plan for expansion of community baseball
facilities.
Tom Holthaus requested that Council consider authorizing
development of feasibility study for the purpose of developing
the second phase of the Meadows subdivision. After
discussion, motion made by Dan Blonigen and seconded by
Shirley Anderson to order feasibility study contingent on the
developers depositing funds in an amount equal to the cost of
the feasibility study ($1,000). Motion carried unanimously.
Public hearinq and consideration for adoption of a resolution
rolatinq to the modification by the liousinq and Rodevelonmont
Authority in and for the City of MonLicollo of the,
redevelopment plan rolatinq to Redevelopment Proiect No. 1,
the modification of the tax increment financing plans rolatinq
to Tax Increment Financinq District Nos. 1-1 through 1-8, and
the establishment of Tax Increment Financinq District No. 1-9,
all located within Redevelopment Project No. 1, and the
approval and adoption of the tax increment flnancina plan
rolatinq thereto.
Council Minutes - 2/26/90
Public hearing was opened. Bill Tapper of Tapper, Inc.
reviewed plans associated with the development of a 27,000
square foot manufacturing and distributing center for fine
wood products. Ken Maus asked how many people would be
employed by this development. Tapper responded by saying that
35 to 50 individuals will be employed at the site. Ken Maus
then reviewed the financial plan. Public hearing was closed.
After discussion, motion was made by Warren Smith and seconded
by Fran Fair to approve said resolution adopting Tax Increment
Financing plan. Motion carried unanimously.
Consideration of adopting a resolution calling for a public
hearing on the proposed modification by the Housino and
Redevelopment Authority in and for the City of Monticefio of
the redevelopment plan for Redevelopment Project No. 1, the
modification of the tax increment financino plans for Tax
Increment Financing District Nos. 1-1 through 1-9, and the
approval and adoption of the tax increment financing plan for
Tax Increment Financing. District No. 1-10,r all located within
Redevelopment Project No. 1. (REMMELE TIF PLAN)
After discussion, motion made by Shirley Anderson and seconded
by Dan Blonigen to call for a public hearing on said TIF plan.
Public hehring to be conducted on March 12, 1990. Motion
carried unanimously.
Consideration of a resolution callinq for a public hoarino on
the tax increment financino plan - kart.
After discussion, motion made by Fran Fair and seconded by
Warren Smith to call for a public hearing on said TIF plan.
Public hearing to be conducted on March 12, 1990. Motion
carried unanimously.
7. Review and authorization to proceed with fire department
tanker truck modifications.
After discussion, motion made by Fran Fair and seconded by
Warren Smith to proceed with modifications to the tanker truck
with expenses not to exceed $600. Voting in favor: Fran Fair,
Warren Smith, Ken Maus, Shirley Anderson. Opposed: Dan
Bloningon.
l►
Council Minutes - 2/26/90
8. Consideration of an additional extension to probationary
period/residency requirement - Tonv Strande.
After discussion, motion made by Fran Fair and seconded by
Warren Smith to extend the existing employement agreement for
a period of approximately three months. As of May 15th, City
staff is authorized to seek a replacement for the position in
the event Strande is unable to comply with employment
agreement. The extension of the agreement by the City is also
contingent upon Strande's signature on the extension to the
agreement. Voting in favor of the motion: Blonigen, Fair,
Smith, Maus. Opposed: Anderson.
9. Consideration of adoptinq settlement agreement with Jones
Intercable and adoption of cable franchise ordinance
amendment.
Council discussed Monticello's participation in the consortium
of cities known as Sherburne/Wright County Cable
Communications Commission. After discussion, Motion by Fran
Fair and seconded by Shirley Anderson to no longer furnish
space for Cable Administrator starting April 30. 1990. Motion
carried unanimously.
Motion by Shirley Anderson and seconded by Dan Blonigen to
adopt settlement agreement and adopt the ordinance amendment
as outlined. Motion carried unanimously.
10. Consideration of renewinq qamblinq license request --Wright
County Ducks Unlimited.
No action taken.
11. Review of annual liquor store financial report for 1989.
Council reviewed the annual liquor store financial report for
1989 and discussed philosophy toward product pricing/service
delivery. After discussion, it was the consensus of Council
to establish a competetive low/mlddlo pricing structure.
12. Consideration of bills for the month of February.
After discussion, motion by Dan Blonigen and seconded by
Shirley Anderson to approve the bills as submitted. Motion
carried unanimously.
Council Minutes - 2/26/90
OTHER MATTERS
Mike Melstad reported on activities provided for youth at the
Northwest Branch of the YMCA. Council thanked Melstad for his
efforts aimed at encouraging positive personal development of area
youth.
There being no further discussion, the meeting was adjourned.
Jeff O'Neill
Assistant Administrator
Information Updates - 3/12/90
Cigarette Vendinq Machine Ordinance.
Based on the recent Council input regarding the adoption
of an ordinance regulating cigarette vending machines,
the staff has worked with the city attorney in developing
an ordinance that would basically allow cigarette vending
machines only in establishments that have liquor licenses
and ban them other places in Monticello.
The staff was planning to have this Item on the Council
agenda Monday night but decided to delay any action on
this until the state legislators decide on a bill that
has been introduced by the State House that would set
regulations pertaining to cigarette vending machines
statewide and would preclude cities from adopting their
own regulations that differ. If it turns out that the
state does not pass legislation affecting cigarette
machines, the Council can then in the future consider our
own ordinance amendment; but if the state is going to
regulate it, ours would be void anyway.
2. 1990 Board of Review Date.
The Wright County Assessor has scheduled Wednesday,
May 9, 1990, at 7:00 P.M. as the date for the annual
Board of Review at City Hall. If this date is agreeable
with Council members, I will confirm this with Mr.
Gruber, the county assessor. If this date is a problem v�
with some or all of the council members, we must notifyR
the County Assessor by March 15 of an alternate date. "
Biq Lake Township Opposition to a New Airport Facility.
Enclosod you will find a copy of a resolution adopted by
the Big Lake Township Board basically opposing the idea
of a now or larger airport. While it appears they are
generally opposed to any drastic change or alteration
which would enlarge the airport, the township may not be
that opposed to the existing airport just being upgraded.
It does appear that any type of expansion may result in
opposition from the township and also Sherburne County
and, at this point, is just being presented for your
Information.
i�
DOUGLAS M. GRUBER
WRIGHT COUNTY ASSESSOR
10 N.W. 2nd St.
Buffalo, MN 55313
Buffalo 612-682-3900 Metro 612-339-6881
March 7, 1990
TO: Rick Wolfsteller, Monticello City Administrator
250 E. Brondwny, P.O. Box 1147
Monticello, PIN 55362
Please be advised that your 1990 Board of Review has been tentatively
set for Wedneadny, May 9, 1990 at 7:00 P.M.
at Monticello City Rn11
If we do not hear from you by March 15, 1990, we will assume this is
satisfactory.
Thank you.
S ncerely,
Douglas M. Gruber
Wright County Assessor
zu
Equal Oppnnunur l AJ/frmaucp Arta Emplarrr
TOWN of BIG LAKE
"Sherburne County's First S.Member Township Board"
COWNSHIP CLERK: RESOD CION NO. 86-1
Jan. N. Nariv-
IOU Ranch Rd.
Elk Rir./. Minn. SSM
Phan.; YI-SYS
PUBLIC OPPOSITION TO A NEW AIRPORT FACILITY
(Private or Public)
WHITEAS: Oil Wednesday, Septauber 101-11, 1986, during the Annual Town Meeting
Lhe subject of exlzrinding the existing airlx3r.t located nt the intersection of 200th
Street and Minn. Hwy. #25 in Section 25, 'NI). 33, Range 4 came up for discussion.
and,
WHEREAS: IL was Learned that a movement is on to establish a new and larger
airport in the vicinity of the present airport by the cities of Big Lake, Becker
and Monticello. and,
WHEREAS: The concern was so great in opposition to any changes in the exist-
ing airport. That a motion was made to adopt this resolution so the electorettes
can go on record to the Sherburne County Board of Cormissioners and the Sherburne
County Zoning and Planning Advisory Colnnission on their position.
1_ NOW T11ERL17ORC 13E IT RISOLVI•D: 'Iltat we the electorettes of Big Lake Township
go on public record as being opposed to any fuLure airport facility that would
change drastically or alter Lha present airport located at 20Ot11 Street and Minn.
Hwy. #25 in Section 25, 'I\q). 33, Range 28 in anyway.
NOW Tl[Ma'OR1: BE IT IUR'IIIER RESOLVIM: 'lhIL we Lhe electorettes would lie
opposed to a new aLrport facLliLy nnywhere in Big Lake Township, clue to we are
primarily rural agricultural and sanL-resiclentinl township.
NOW 711IMEFORE 13E 11' FLIRIII R RI•:SOLVII): 'llint we the electorettes of Big Lake
Township would be opposed in the future, should Lha overall use of Lha land in Big
lake Township ciwnge, to any publicly owned airport. that would create an "Aiq)ort
District", Lllat would axale nnother. Lnx lxlyden to Lha Lax1myers of said Lounship.
Dated at Lha Big lake 'Gown Hall On behalf of Lhe electorettes present,
locnled at 961 Powell St. in the aL the ulal.Town Meeting of 9-10-86.
City of B la
Attest Lo: •mM• i s /74
J Iv N. Nnrgren-Clerk cyl. rti,o Joo Corty, Chain of Lhe (bard
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EQUAL OPPORTUNITY EMPwvOR
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Council Agenda - 3/12/90
Consideration of aporovinq preliminary and final plat -
Remmele Addition. (J.0)
A. REFERENCE AND BACKGROUND
At the Meeting of the Planning Commission held on March 6,
1990, the Planning Commission conducted a public hearing and
considered this matter. Planning Commission recommended that
the preliminary plat be approved without changes. If Council
approves the plat without changes, then it can act to give
preliminary and final approval to the plat.
Staff has reviewed the plat and found all easements to be in
place. In addition, the Plat calls for the relocation of the
Fallon. Avenue Right of way to a location along the east side
of the Remmele building site created by this plat. Relocation
of this right of way benefits the City because it creates
potential for a less expensive, perpendicular crossing of I-
94. In addition, the existing or "old" Fallon Avenue is only
66 feet wide, the new Fallon Avenue will be 80' wide. The
added width is needed if this roadway is developed as a
freeway crossing. The new right of way will be deeded to the
City by Remmele as an outlet.
The plat also calls for a slight realignment or curvature of
Fallon Avenue which will allow Fallon Avenue South of Chelsea
to line-up with the new alignment north of Fallon Avenue. In
order to create the realignment, the City must purchase a
small portion of property as noted on the attached plan.
Remmele is spearheading the effort to purchase all necessary
lands east of Fallon Avenue including the small piece that the
City needs. Once Remmele completes acquisition, the City will
simply purchase the area it needs from Remmele.
Unfortunately, there are complications associated with Remmele
acquisition of property once fully controlled by Jim Boyle.
Due to a default situation, the status of the ownership and or
control of the property is somewhat unclear. Rommole's
attornoy's aro working diligently on this matter and hope to
obtain the necessary property in short order.
Further devolopment of the Rommolo proiect hIngos on
acquisition of land east of Chelsea. The Plat does not `become
recordable until the signatures of the owners of all lands
affected by the plat are affixed to the Plat. Similarly, the
TIF plan can not be adopted until the lot lines noted on the
Remmolo plat become official.
Council Agenda - 3/12/90
B. ALTERNATIVE ACTIONS
1. Motion to approve preliminary and final plat of the
Remmele Addition subject to placement of proper signatures on
the plat.
The proposed plat meets the City requirements in terms of
necessary drainage and utility easements. In addition, it
complies with City subdivision requirments. Therefore it
appears that the Remmele Addition should be approved.
Under this alternative Council would provide approval of the
plat, however the plat would not be allowed to be recorded
until the proper signatures are on the plat. Approving the
plat with conditions allows this item to proceed without
bringing it back before Council when the proper signatures are
in place.
2. Motion to table matter.
Council may wish to wait for the proper signatures to be on
the the Plat prior to approval. This option would require the
matter come before Council at a subsequent meeting. It may
make sense to table the matter because approving the plat now
may not substantially facilitate the development. This is
because Council must table consideration of the REMMELE/TIF
issue until the March 26, 1990 meeting. Council could give
final approval of the Plat at that time.
3. Motion to table approval of Preliminary and Final Plat -
Remmele Addition pending Plat modifications.
It appears at this time that the Remmele Addition plat is in
final form. If however, it is discovered that the Plat should
be modified in some mannor, then Council may wish to table
approval until the modifications are made.
C. RECOMMENDATION
Staff recommends alternative 2.
D. SUPPORTING DATA
Copy of Rommole Addition Plat.
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Council Agenda - 3/12/94
2. Public Hearing - Consideration of Vacation of Fallon Avenue
between Chelsea Rd and 1-94 and consideration of Vacation of
utility easeaments. (J.O.)
A. REFERENCE AND BACKGROUND
Council is asked to conduct a public hearing on the proposed
vacation of roadway and easement areas that were in place
prior to the development of the Remmele plat. The Remmele
Plat proposes the development of a buildable industrial lot
over the existing Fallon Avenue right of way. In exchange for
City action to vacate this ROW, Remmele has agreed to purchase
and deed to the City, land necessary to replace the Fallon
Right of Way. In addition, an assortment of Misc. utility
easements must also be vacated thereby paving the way for new
easements associated with the Remmele Plat.
If Council desires to adopt the Remmele Plat, then the street
and utility vacations should be approved. Please note that
the Plat should be approved prior to vacation of the ROW and
easements. if for some reason the Remmele Plat is not
approved, then the decision regarding this matter should be
tabled until matters are resolved.
B. ALTERNATIVES
1. Motion to approve resolution calling for the vacation of
Fallon Avenue Right of way between Chelsea and I-94 and
approve vacation of associated utility easements.
This alternative should be selected only if the Plat is
validated by the proper signatures and ready to be recorded.
If the Plat does not contain valid signatures by meeting time,
then the matter should be tabled.
2. Motion to deny approval of resolution calling for the
vacation of Fallon Avenue Right of way between Chelsea
and 1-94 and approve vacation of associated utility
easements.
This option should be selected if Council elects to deny
approval of the Remmolo Subdivision.
C. RECOMMENDATION
Staff Recommends alternative 1.
Council Agenda - 3/12/90
D. SUPPORTING DATA
Legal description of roadway and easement areas to be vacated;
Map showing easement areas; Copy of resolution.
NOTICE OF HEARING ON STREETS TO BE VACATED
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of Monticello,
Minnesota, will meet in the Council Chambers of the City Hall at
7:00 p.m. on March 12, 1990, to consider vacating streets
associated with the platting of the Remmele subdivision. The
streets to be vacated include that part of Fallon Avenue, also
known as Industrial Drive, abutting Lot 6, Block 1, Oakwood
Industrial Park, according to the plat thereof of record in Wright
County, Minnesota, and being more particularly described as
follows: Beginning at the intersection of the east line of
Section 14, Township 121, Range 25, with the southwesterly right-
of-way line of Interstate Highway 94; thence along east said line
south 1 degree 14 minutes 38 seconds west, assumed basis of
bearings, a distance of 547.47 feet; thence north 63 degrees
34 minutes 45 seconds west 36.46 feet to the east line of said
Lot 6; thence along said east line of Lot 6 north 1 degree
14 minutes 38 seconds East 545.76 feet to said southwesterly right-
of-way line of Interstate Highway 94; thence along said right-of-
way line and along a nentangential curve, concave southwesterly and
having a radius of 5545.58 feet, a central angle of 0 degrees
22 minutes 10 seconds and a chord bearing of south 66 degrees
03 minutes 45 seconds east, an arc distance of 35.77 feet to the
point of beginning;
Together with that part of Fallon Avenue, also known as Industrial
Drive, which lies east of the west line of the Northwest Quarter of
the Northwest Quarter of Section 13, Township 121, Range 25, Wright
County, Minnesota; and which lies southerly of the southwesterly
right-of-way line of Interstate Highway 94; and which lies
northerly of the following described line:
Commencing at the intersection of said west line of the
Northwest Quarter of the Northwest Quarter of Section 13 with
said southwosterly right-of-way line of Interstate Highway 94;
thence along said west line south 1 degree 14 minutes
38 seconds west, assumed basis of bearings, a distance of
547.47 feet to the point of beginning of the line to be
described; thence south 63 degrees 34 minutes 45 seconds east
to the oast lino of said Fallon Avenue and there terminating.
Such persons as desiro to be heard with reference to tho proposed
improvement will be heard at this meeting.
.05
Je f O'Neill
Assistant Administrator
C:WP51\MISC\REMMELE.PH
Publlehod in Cho Monticollo T1mas on 3/1/90 and 3/8/90.
NOTICE OF HEARING ON UTILITY AND DRAINAGE EASEMENTS
TO BE VACATED
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of Monticello,
Minnesota, will meet in the Council Chambers of the City Hall at
7:00 p.m. on March 12, 1990, to consider vacating utility and
drainage easements associated with the platting of the Remmele
subdivision. The utility easements to be vacated include all
existing public easements contained within the following described
parcel of land:
Lot 6, Block 1, Oakwood Industrial Park, according to the plat
thereof of record in said Wright County; excepting therefrom
that part of said Lot 6 lying northerly of the north line of
the Northeast Quarter of Section 14, Township 121, Range 25;
also excepting therefrom that part of said Lot 6 lying
northeasterly of the southwesterly right-of-way line of
Interstate Highway 94;
Together with that part of Fallon Avenue, also known as Industrial
Drive, vacated or to be vacated, abutting said
Lot 6 and being more particularly described as follows:
Beginning at the intersection of the east line of Section 14,
Township 121, Range 25, with the southwesterly right-of-way
line of Interstate Highway 94; thence along said east line
south 1 degree 14 minutes 38 seconds west, assumed basis of
bearings, a distance of 547.47 feet; thence north 63 degrees
34 minutes 45 seconds west 36.46 feet to the east line of said
Lot 6; thence along the east line of Lot 6 north 1 degree
14 minutes 38 seconds east 545.76 feet to said southwesterly
right-of-way line of Interstate Highway 94; thence along said
right-of-way line and along a nontangential curve, concave
southwesterly and having a radius of 5545.58 feet, a central
angle of 0 degrees 22 minutes 10 seconds and a chord bearing
of south 66 degrees 03 minutes 45 seconds east, an arc
distance of 35.77 feet to the point of beginning.
Together with that part of the Northwest Quarter of the Northwest
Quarter of Section 13, Township 121, Range 25, more particularly
described as follows:
Beginning at the Intersection of the west line of said
Section 13 with the southwoatorly right-of-way line of
Interstate Highway 94; thence along said west line south
1 degree 14 minutes 38 soconds west, assumed basis of
bearings, a distance of 547.47 foot; thence south 63 degrees
34 minutes 45 seconds east 180.00 feet; thence north
26 degrees 25 minutes 15 seconds east 496.65 foot to said
C:WP51\MISC\REMMELE.PH
� 2P
I
Notice of hearing on utility
and drainage easements to be vacated
Page 2
southwesterly right-of-way line of Interstate Highway 94;
thence along said right-of-way line and along a nontangential
curve, concave southwesterly and having a radius of
5545.58 feet, a central angle of 4 degrees 16 minutes
O1 seconds and a chord bearing of north 63 degrees 44 minutes
39 seconds west, an arc distance of 413.00 feet to the point
of beginning; including all that part of Fallon Avenue or
Industrial Drive, vacated or to be vacated, which is contained
within the foregoing described parcel;
Including but not limited to those easements created by document
recorded in Book 94 of Miscellaneous, Page 951, and those created
by said plat of Oakwood Industrial Park within the parcel above
described.
Such persons as desire to be heard with reference to the proposed
improvement
"will
� be
heard at this meeting.
Jef Neill
Assistant Administrator
Published in the Monticello Times on 3/1/90 and 3/8/90.
C:WP51\MISC\REMMELE.PH
A
NOTICE OF HEARING ON STREETS TO BE VACATED
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of Monticello,
Minnesota, will meet in the Council Chambers of the City Hall at
7:00 p.m. on March 12, 1990, to consider vacating streets
associated with the platting of the Remmele subdivision. The
streets to be vacated include that part of Fallon Avenue, also
known as Industrial Drive, abutting Lot 6, Block 1, Oakwood
Industrial Park, according to the plat thereof of record in Wright
County, Minnesota, and being more particularly described as
follows: Beginning at the intersection of the east line of
Section 14, Township 121, Range 25, with the southwesterly right-
of-way line of Interstate Highway 94; thence along east said line
south 1 degree 14 minutes 38 seconds west, assumed basis of
bearings, a distance of 547.47 feet; thence north 63 degrees
34 minutes 45 seconds west 36.46 feet to the east line of said
Lot 6; thence along said east line of Lot 6 north 1 degree
14 minutes 38 seconds East 545.76 feet to said southwesterly right-
of-way line of Interstate Highway 94; thence along said right-of-
way line and along a nontangential curve, concave southwesterly and
having a radius of 5545.58 feet, a central angle of 0 degrees
22 minutes 10 seconds and a chord bearing of south 66 degrees
03 minutes 45 seconds east, an arc distance of 35.77 feet to the
point of beginning;
Together with that part of Fallon Avenue, also known as Industrial
Drive, which lies east of the west line of the Northwest Quarter of
the Northwest Quarter of Section 13, Township 121, Range 25, Wright
County, Minnesota; and which lies southerly of the southwesterly
right-of-way line of Interstate Highway 94; and which lies
northerly of the following described line:
Commencing at the intersection of said west line of the
Northwest Quarter of the Northwest Quarter of Section 13 with
said southwesterly right-of-way line of Interstate Highway 94;
thence along said west line south 1 degree 14 minutes
38 seconds west, assumed basis of bearings, a distance of
547.47 feet to the point of beginning of the line to be
described; thence south 63 degrees 34 minutes 45 seconds east
to the east line of said Fallon Avenue and there terminating.
Such persons as desire to
improvement will be heard
JNO-
Assistant
Administrator
C:WP51\MISC\REMMELE.PH
be heard with reference to the proposed
at this meeting.
Published in the Monticello Times on 3/1/90 and 3/8/90.
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Council Agenda - 3/12/90
Public hearing and consideration to adopt a resolution
relating to the modification, by the Housing and Redevelopment
Authority in and for the City of Monticello, of the
redevelopment plan relatinq to Redevelopment Project No. 1,
the modification of the Tax Increment Financing Plans relating
to Tax Increment Financinq District Nos. 1-1 through 1-9. and
the establishment of Tax Increment Financinq District No. 1-
10, all located within Redevelopment Project No. 1, and the
approval and adoption of the Tax Increment Financinq Plan
relating thereto. (O.K.)
A. REFERENCE AND BACKGROUND:
At the February 26, 1990 City Council meeting, the Council
members adopted a resolution calling for a public hearing date
of March 12, 1990. Said public hearing relating to the Tax
Increment Financing (TIF) Plan for TIF District No. 1-10
(Remmele Engineering, Inc.). The public hearing notice
appeared in the local newspaper. Due to 1989 Legislative
changes, a public hearing notice must now be accompanied by a
map outlining the TIF Plan District. The map was omitted from
the publication, therefore, it needs to be republished.
Upon the recommendation of Pat Pelstring, Business Development
Services, Inc. the City Council should open the public hearing
and table the public hearing until the March 26 Council
meeting. This will allow time for ropublishing the public
hearing notice inclusive of the map, thereby meeting
statutory's technical TIF procedural requirements. It will
allow the distributed Modified Central Monticello
Redevelopment Plan and TIF Plan District No. 1-10 to be valid,
and still meets Remmele Engineering's time schedule for
beginning construction.
Staff met with Remmele Engineering officials on Friday,
March 2 and the following is a short summary on the project.
Larry Griffith, Attornoy at Law with Dorsey 6
Whitney, has a purchase agreement with Oakwood
Industrial Partnership and an option agreement with
Farm Credit Bank.
Currently, Mr. Griffith is working with Farm
Credit's attorney and Mr. Jim Boyle for acquisition
of tho approximate 0 acres of Boyle's property
needed to complete the project and an additional
approximate .5 acres of Boyle's property to the
south of Chelsea Road which will be sold to the
City for realignment of Fallon Avenue.
Council Agenda - 3/12/90
3. City will vacate Fallon Avenue and current utility
and drainage easements.
4. For the project to proceed, the entire property
must be acquired, the replat must receive final
approval (including new utility and drainage
easements), and the replat must be filed with the
County to certify the TIF District as a
Redevelopment District before adoption of the TIF
Plan.
On March 6, the Planning Commission approved a resolution
stating the TIF Plan was consistent with the Monticelo
Comprehensive Plan. On March 7, the HRA held the public
hearing for the disposition of lands and adopted the TIF Plan
relating to TIF District no. 1-10, effective upon filing of
the replat.
Remmele Engineering representative(s) will be present at the
March 26 Council meeting.
B. ALTERNATIVE ACTION:
1. Table public hearing to March 26.
2. Close public hearing and adopt resolution on March 26.
3. Close public hearing and consider adoption of the
resolution.
C. RECOMMENDATION:
Recommendation is for the Council to consider tabling the
public hearing until March 26 (Alternative 01). This will
allow time to republish the proper public hearing notice,
maintain consistency with the distributed TIF Plan, and still
meet Remmolo Engineering's time frame. As Mr. Griffith
pointed out, the delay allows more time to complete land
acquisition prior to adoption of the plan.
D. SUPPORTING DATA:
Copy of the public hearing notice without the map.
(March 8 a 15, lda:t)
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF MONTICELLO
COUNTY OF WRIGHT
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council (the **Council') in and for the City of Mon-
ticello, County of Wright. Stats of Minnesota, wilt hold a public hearing 00 March 12, 1990,
at approximately 7:00 p.m., at City Hall, 250 East Broadway Monticello, Minnesota, relating
to the proposed modification. by increased project costs, of the Housing and Redevelopment
Authonty'a Redevelopment Project No. 1 arra Me approval and adoption of the Modified Redevelso-
ment Plan relating thereto; the Proposed modification, by Increased Project costs. 01 the Modified
Tax incremem Financing Plans for Tax Increment Financing Districts Nos. 1-1 through 1.9, located
within redevelopment Project No. 1; and the approval and adoption of the Tax Increment Finsn-
cing Plan relating to Tax Increment Financing District No, 1-10, also located with Redevelop.
mom Project No. i, all pursuant to ntd In accordance with Minnesota Statutes, Sections 469.001
to 469.047, Inclusive, As amended. and Sections 469.174 to 469.179, inclusive, as amended.
A copy of the Modified Redevelopment Plan lot Redevelopment Project No. 1 and Tax Incre.
mons Financing Plans for Tax Increment Financing Districts Nos. 1.1 through i-10, as practised
to be adopted, will be on fila and available for inspection at the office of the City Administrator
at City Hall not later than February 16, 1890.
This property comprising Tax Increment Financing District No. 1.10 is as follows;
Legal Description
Lot B, Block t- Oakwood Industrial Park according to the recorded plat thereof, Wright
County. Minnesota.
The East 33.00 feet of said Oakwood Industrial Park lying north o1 the easterly deem
Wan of the north time of Chelsea Road of said Oakwood industrial Par;,, said East 33.00
feet shown as e Township Road.
That pan of the Ntrffiwest Ounner of Section 13. Township 121, Range 29, Wright
County. Minnesota, lying south of the southerly right of -way tine of interstate Highway
1-94, norm of Chelsea Road andNing northwest of a line distant 80.00 foot northwest
of and parallel with a line deactlbead es follows: nn
Bogilnq at a point othe southerly right•
of -way line of Interstate Highway 1-94 distant 410.00 feet n soud+sast from the wear RM
of said Nonnwest Ounnar as measured along said southerly right-of.wev line; thence
{ southwastorh to a point on tha north ilns of Chelsea Aced distant 180.00 feat southeast
from said wast line of tho Northwest Ouoner et measured akrng said north line of Chalso4
Road and said RM there terminating.
Further Information regarding the identification of the property to be Included in Tax tnpta-
mant Financing District No. 1.10 may be obtained from the office of the City Administrator.
All interested persons may appear at the hosting and present their views orally or In wrldng.
Doted: February 26, 1990
rs: BY ORDER OF THE CITY COUNCIL
—Rick Wallattilar, City Administratof
(March 1 6 B, 19901
C
3
Council Agenda - 3/12/90
Public Hearinq - Consideration of Resolution adopting Tax
Increment Finance Plan - The Lincoln Companies/KMART. (J.O.)
REFERENCE/BACKGROUND:
Council is asked to open the public hearing and table a
decision regarding this matter until March 26, 1990. This
item needs to be tabled to provide additional time for
publication of a map showing the area affected by the TIF
plan. This delay does not substantially slow down the project
as the developer does not need a construction permit until
after March 26th 1990.
Following is a project status report.
The Lincoln Companies have been granted a limited grading
permit which would allow them to get started on the project.
Even though the TIF plan is not in place and a development
agreement is not set, The Lincoln Companies decided to go
ahead with preliminary site work because of timing
considerations. The City granted the limited grading permit
after payment of $1,400 which is 10% of the building permit
cost.
On Friday, March 9, 1990, the Lincoln Companies will be
finalizing the project financially.
As of this Monday, the developers will have deposited
$10,000.00 for the purpose of initiating development of city
plans and specifications for project public improvements.
City staff and TIF legal support have been working on a
development agreement which outlines various Issues associated
with the development. The agreement is nearly complete and it
is hoped that both parties can agree to all terms by mid -week.
Unfortunately it will not be ready for Council review by
Monday. To facilitate the devolopemont of the KMART addition
on a timely basis, the developers have requested that the City
call a special meeting for the purpose of adopting the
agreement. I am not sure 1i this is totally necessary if the
TIF plan can not be adopted until March 26th 1990. It seems
to me that the developer agreement could be adopted at that
time. I will be giving you more Information regarding this
request on Monday.
ALTERNATIVE ACTIONS:
Open public hearing on TIF plan - The Lincoln Companios/KMART
addition. Continuo the public hoaring to March 26, 1990.
�L
SUPPORTING DATA:
Copy of project finance plan.
C
Council Agenda - 3/12/90
FINANCE MODEL VERSION:
USES ILINCOLN IWORNIG ITIF (ASSESSABLE PROPERY
TOTAL I I
I ILINC. HORN IG
RDGEMNT BREW
KRAMER
SPRNG IITOTAL
A.
MN AVE. SAN SEW $30,000 I I
-- --- I --- --
1124,000 16,000 I $12,000
-
10
-- ---
19.000
-- ---
$3,000
-- I I --- ---
to II 154,000
B.
NN AVE. NATER $30,000 I I
1124,000 $6,000 I $12,000
$0
$9,000
13,000
s0 II 154,000
C.
MN AVE. ST IMPR $50,000 I I
I 12,400 12,550 I so
$21.300
117,400
11,150
$5,200 II $50,000
D.
7TH STREET $203.000 1128,000 1
1 $43,750 158,188 1 $58,625 114,438
s0
$0
$0
$0 -111203,000
E.
71H ST STORM $100,000 1 1
1 150,600 i $49.400
10
$22,900
$0
$0 1111122,900
F.
ON-SITE PONDING $42,000 1$42,000 1
1 (includes Brennen)(
11 142,000
I I
I I
I I $0
G.
WRIGHT CTY BANK I
I 1
11 $0
Land $85,000 1 1
1 $86,000 I
II 186,000
Dwy/curb $5,000 1 115,000 1 I
II $5,000
I 1
1 I
I I so
H.
PRATT ACQ $61,000 1 so 1
1 $61,000 $0 I $D
f0
30
1.0
so 111 151,009
I.
HOLTHAUS ACQ $56,000 1 so 1
1 156,000 s0 1 $0
s0
$0
s0
t0 -11 $56.000
J.
KRAMER ACQ $0 I so I
1 10 $0 I s0
s0
s0
$0
$0 'II s0
K.
REMNANT PARCELS (TRADE - CITY REMNANT FOR
LINCOLN CO REMNANTS)
II s0
L.
DEMO/RELOCATION $4.000 1 s0 1
1 $1.000 so I so
to
$0
so
10 111 14.000
M.
SOFT COSTS INCL $132,400 1 s0 1
1$132.400 1
11$132,400
CAP INTEREST - I
1 1
11
OF HARD COSTS I
1 (Sub tat 172,738 1
II
I I I I
COST 1799,400 1$70,000 115,000 15556,888 1 1132,025 $14,438
121,300
158,300
11,150
II
$5,200 111$870,300
(
'TOTAL
v
TOTAL LINCOLN COMPANIES COST:
1202,025
TOTAL UP FRONT TIF EXPENSE:
1556,888
REMAINING, 71F FUNDS:
$43,113
TOTAL DEFERRED ASSESSMENTS:
170.900
TOTAL TIF EXPEND; MINUS DEFERRED
ASSESSMENTS hiNUS REVENUE FROM
LAND SALE:
1399,988
..0.0..0. u.0...nnu.nu 11n.111u1. .......l. un.uuun.....uu..0.0.1u0.
u.0..............
.................
. ......u
Council Agenda - 3/12/90
Consideration of purchase of the Pratt Property - a portion of
the land necessary for the 7th street aliqnment. (J.O.)
REFERENCE/BACKGROUND:
City Council is asked to authorize purchase of the property
owned by Larry and Debrah Pratt for the sum of $68,000.00.
The City originally expected to purchase the property for
$61,000.00. However, the owners of the property have failed
to make any payments for a number of months. As a result,
interest penalties have been piling up to the point where
principal and interest costs now amount to $7000.00. In order
to gain clear title to the property, the city may need to pay
the additional amount above the option amount of $61,000. Tom
Hayes will be providing us with more information on this
matter.
The property encompasses 12,000 square feet and includes a
single family dwelling. Please see attached site plan for
location of the site. Development of the Seventh Street
right of way In conjunction with development of the KMART
addition can not occur without the purchase of this property.
Due to a forclosure situation, the City must acquire the
property by March 29, 1990. If the City does not close on the
property by this date, it may be months before the City is
able to purchase the land and it also may be more costly. A
delay caused by not purchasing the property at this time could
severly impact the ability of the City to got the street done
in time for the opening of the KMART store. On the other
hand, purchasing the property at this time, before the K14ART
project is in the ground, introduces some risk as the City
could and up with the property if the KMART project somehow
gets derailed.
What are the chances that the project will not proceed? On
Friday, March 9, 1990, The Lincoln Companies will be
finalizing financing arrangements. If the financing
commitments aro finalized as expected, then the only thing
that could derail the projoct is failure to adopt the TIF plan
on March 26, 1990. At the meeting on Monday, staff will
report on Friday's outcome.
It appears evident that tho project will proceed based on the
understanding that The Lincoln Companies has received a
commitment for a construction loan. The Lincoln Companies has
applied for and received a limited grading permit for the sum
of $1,400 as they would like to got started on Monday, March
12, 1990.
Council Agenda - 3/12/90
B. ALTERNATIVE ACTIONS:
1. Motion to authorize purchase of the Pratt property at a
purchase price of $68,000.
This alternative should be selected if Council is
comfortable that the project will be completed and/or
because the City needs the land at some point in the
future in order to develop the proper Seventh Street
alignment.
Purchase of the property prior to March 29, 1990, will
enable the City to construct public improvements
necessary for the KMART addition on a timely basis.
2. Motion to deny authorization to purchase the Pratt
property.
This option should be selected if Council is not
comfortable that the project is going to proceed or if
Council has second thoughts about the adopted alignment.
This option could hamper the ability of the City to
complete the Seventh Street improvements on a timely
basis.
C. STAFF RECOMMENDATION:
Even if the Lincoln Companies confirms that all financing is
in place as of Friday, March 9, 1990, that does not
necessarily gaurantee the City that the structure will be
completed. It is our view, however, that the risk that the
project will not proceed is minimal. In addition, staff can
wait until the last minute to arrange a closing.
If the City purchases the property and the project gets
stalled, the not result is early acquisition (without TIF) of
land the City needs anyway for the Seventh Street right of
way. On the other hand, if the City does not buy now and the
project moves ahead, it may be impossible to acquire the
property in time to moot important construction deadlines.
Staff therefore recommends that the City purchase the Pratt
property.
D. SUPPORTING DATA:
Site plan showing location of Pratt property.
I
1
MONtIGBiLo � I
,t' \ ^� �PTti• � I
;--_____-_
II
1
Council Agenda - 3/12/90
6. Public Hearinq - Consideration of reguest to rezone R-1
(single family residential) to PZM (performance zone mixed).
Applicants: Thomas Holthaus, Matt Holker, and Steve Holker,
owners of west Side Market. (J.O.)
REFERENCE AND BACKGROUND:
On March 6, 1990, Planning Commission conducted a public
hearing on this matter and recommended to Council that the
rezoning request be denied based on the finding that
(paraphrased):
The rezoning was inconsistent with the Comprehensive Plan
because the Comprehensive Plan discourages commercial
development in residential areas.
The added traffic created by the development will negatively
impact the area as R-1 or residential zone.
A PZM (high density residential/limited commercial) zone
Imbedded in an R-1 is not consistent with the character of the
R-1 zone. Allowing an R-1 area to be rezoned to PZM would set
a poor precedent.
The applicant failed to demonstrate that a need exists for the
rezoning.
Planning Commission also received two petitions voicing
opposition to the development and also received input from
approximately ten individuals who attended the meeting.
Please review the attached petitions for more detail regarding
neighborhood opposition.
City Council is asked to review the Planning Commission's
recommendation and consider a request to rezone the West Side
Market property from its current R-1 zoning to a PZM
designation. The request stems from the developer's desire to
utilillze available land by expanding the use of the property
to include a deli and a car wash, two uses which are not
allowed in the R-1 zone but are allowed in the PZM zone.
Following is a brief history of the development of the
property along with a site plan analysis and review of
rezoning proposal in terms of decision critoria noted in the
comprehensive plan and in chapter 22 of the zoning ordinance.
Council Agenda - 3/12/90
DEVELOPMENT HISTORY: (please see attachments for detail)
Prior to 1987, the site was known as Charlie's west Liquor
Lounge/Supper Club. The Liquor lounge/supper club existed as
a legal non -conforming use grandfathered in when annexation
occurred. Early in 1987, Tom Holthaus requested that the City
allow him to develop a convenience store at the site. Even
though convenience stores are not allowed to operate in this
zone, the use was allowed to occur because changing the use
from supper club to convenience store lessens the level of
non -conformity. In making this decision, Chapter 3, Section
1, Subdivision F of the Zoning Ordinance was cited as follows:
"A lawful, non -conforming use of a structure or a parcel
of land may be changed to lessen the non -conformity of
use. Once a non -conforming structure or parcel of land
has been changed, it shall not thereafter so be altered
to increase the non -conformity."
Holthaus and his partners now wish to further develop the
property for commercial purposes which would serve to increase
the non -conformity. Therefore, the property must be rezoned
before the commercial use of the property can intensify.
Although this is somewhat of a moot point, it should be noted
that relevant sections of the Zoning Ordinance that address
treatment of non -conforming uses were not brought forward
during the discussion in 1987. For instance, even though the
structure had not been used for 6 months, the loss of
grandfather rights were not considered. A case could have
been made that the disuse of the structure for this time
period resulted in the property losing all grandfather rights
which would have required that the property be developed
entirely consistent with the R-1 designation.
In addition, it probably could be demonstrated that the City
violated its own ordinance by allowing major refurbishment of
a non -conforming structure to occur. Section I of the
ordinance states that normal maintenance of a building or
other structure containing or related to a lawful non-
conforming use is permitted, including necessary non-
structural repairs and incidental alteration which do not
evsically extend or intensify the non-conforminq use. In this
case, the old supper club received major maintenance that may
have boon In violation of the ordinance.
Council Agenda - 3/12/90
These points are not made to embarass City staff or Council,
but are made to point out the fact that by allowing Charlie's
West to be entirely refurbished as a convenience store, the
City has extended the life of a "non -conforming" structure by
twenty years. In a sense, the decision to extend the life of
the non -conforming use could be interpreted as a recognition
that the property is suited to commercial use. If this is the
City's intent, then the property should rezoned to reflect
intent. If it is truly the intent of the City to someday
witness development of R-1 use of the property as it is now
zoned, then the City should not allow further commercial
development at the site.
Please note that rezoning the property as requested does not
require that both proposed uses (car wash and deli) should be
allowed. If the rezoning request is approved, the City may
consider each use separately which could result in the
granting of one or both of the conditional use requests.
PZM DISTRICT SUMMARY
It is proposed that the property be rezoned to PZM rather than
S-1 because a deli and a car wash are allowed as conditional
uses In the PZM zone while only the convenience store is
allowed in the 8-1 zone. Following is a summary of the land
use regulations found in the PZM zone.
"The purpose of the performance zoning districts are to allow
for development flexibility and special design control within
sensitive areas of the City due to environmental physical
limitations. The performance zoning districts also attempt to
create a reasonable balance between the interest of the
property owner in freely developing his property and, at the
same time, protect the interest of surrounding properties."
A specific purpose of the PZM district is to provide a land
use transition between high density residential land uses and
low intensity business uses as well as the intermixing of such
land use.
In this case, PZM zoning would be used as a transition area
between low intensity residential (R-1) land uses and low
Intensity business (9-1) use. A case could be made that PZM
zoning was not intended for this type of land use transition.
Following aro permitted uses in the PZM Zone:
Those uses listed as permitted uses in the R-3 zoning
district.
Club or lodge without serving of food or beverage.
Council Agenda - 3/12/90
Following are conditional uses allowed in the PZM zone:
All conditional uses in R-3 zone.
Uses otherwise allowed as permitted uses in the B-1 zone
such as barber shops, beauty parlors, laundromats, and
convenience stores.
Uses otherwise allowed as permitted uses in the B-2 zone
are also allowed as a conditional use such as hospitals,
medical clinics, dental offices, other office space,
nursing homes, deli, bank, bicycle repair, camera store,
drug store, florist shop, hardware, gift shop, and other
assorted "low intensity" retail or service outlets.
The uses allowed as a conditional use in this district are to
provide goods and services on a limited community market scale
and located in areas which are well served by collector or
arterial street facilities at the edge of residential
districts.
SITE PLAN REVIEW
The site plan calls for development of a dell seating 20 to 30
people and development of a four stall self-service car wash.
The site plan proposed is completely consistent with zoning
ordinance requirements associated with the proposed uses. The
details of the site plan will be discussed in greater detail
in conjunction with the conditional use permit request.
To the north of the development are split level, single family
residoncos. No changes to the existing buffer (six foot
fence) are planned to mitigate impact on adjoining residential
property to the north. Expected Impacts to this area might
include increase in noise and congestion due to added traffic.
some noise may be created by vacuum cleaners. There is
potential for a litter problem associated with car cleaning.
To the east of the development aro single family houses. The
proposed site plan calls for a six foot fence along with
existing vegetation to buffer this area from the impact of the
development. This area will experience the same affects as
the area to the north. The presence of the fence should
reduce the impact of headlamps shining into windows of
adjoining properties. Windows in upper floors of split level
resldoncos will not be well screened from hoadiamp lights.
FA
Council Agenda - 3/12/90
To the south of the development is Highway 75 and across the
highway is the elementary school. The proposed development
will increase traffic in the area beyond that which would have
otherwised been created. Adding traffic to a school/
residential area will contribute toward the opportunity for
accidents. To what extent increasing the opportunity for
accidents becomes a problem is not well understood.
It should be noted that the Pinewood Elementary School will be
the site of an impressive play structure that may in and of
itself draw considerable traffic above and beyond what the
school would normally generate. It is likely that the
combination of the play structure, convenience store, deli,
and car wash will create a significant node of commercial/
recreational activity. It is not difficult to envision dad
dropping the kids off to play while he washes the car. When
the kids are done playing, they run across Highway 75 and have
a corn beef sandwhich at the deli. You will have to ask
yourself: "Is this a problem?"; "Is this level of commercial
activity acceptable in an R-1 zone?".
To the west of the site is Otter Creek Road and more R-1
property.
ZONING ORDINANCE/COMPREHENSIVE PLAN REZONING DECISION CRITERIA
In reviewing a rezoning request, according to Chapter 22 of
the zoning ordinance, they shall consider possible adverse
affects of the proposed amendment. Its judgement shall be
based upon (but not limited to) the following factors:
relationship to municipal comprehensive plan, the geographical
area Involved, whether such use will tend to or actually
depreciates the area in which it is proposed, the character of
the surrounding area, and the demonstrated need for such use.
Following is a review of each decision criteria in terms of
this planning case.
1. Relationship to Municipal Comprehensive Plan
As will be detailed later, the proposal to rezone
this property does not appear to be entirely
consistent with the comprehensive plan. At the
same time, however, the comprehensive plan contains
language that provides soma flexibility. For
instance, Community Development Policy N1
states "the Comprehensive Plan is considered to be
a flexible guide to decision-making rather than an
inflexible blueprint for development". Likewise,
in Commercial Policies Statement M2 it states "the
Council Agenda - 3/12/90
Comprehensive Plan, the zoning ordinance, and other
measures and procedures will be modified in
realistic recognition of the needs of contemporary
commercial enterprises and the need to properly
control such enterprises at the local community
level; commercial development policv will not be
riqid and inflexible, and neither shall it be
indiscriminately permissive".
Following are commercial policies contained within
the comprehensive plan which do not appear to be
entirely consistent with the rezoning proposal and
could therefore constitute grounds for denial.
COMMERCIAL POLICY #1
"Commercial development in general and successful
retailing functions should occur both in the
central business district and the shopping area
contiguous to Interstate 94."
COMMERCIAL POLICY /5
"Commercial areas should be as compact as possible.
Compact commercial areas are particularly
advantageous for retail uses to concentrate
shopping and parking. A community benefits by
reducing exposure to residential areae and having a
better control of parking and traffic needs. For
this reason, "strip" and "spot" commercial
development should not be permitted."
COMMERCIAL POLICY M8
"All major commercial areas shall be pro -zoned
based upon the comprehensive plan. No areas shall
be rezoned to commercial use (PZM) unless they are
shown to be properly located in accordance with the
policies and standards of the Comprehensive Plan."
The proposed development is not a major commercial
area, therefore the proposal to rezone this
particular site may not be inconsistent with the
policy.
Council Agenda - 3/12/90
COMMERCIAL POLICY N9
"Boundaries of commercial districts shall be well-
defined so as to prevent intrusion into residential
areas; residential areas must be properly screened
from the associated ill effects of adjacent and
nearby commercial area."
The Geography and Character of the Area Involved
As noted earlier the subject area is on a corner
lot bounded by a state highway, a collector street,
and residential property. The highway location is
good for visability and customer access; at the
same time, however, the subject area is imbedded
into a R-1 zone. There are many other areas in
town that have the same combination of highway
access and R-1 or R-2 zoning. Approval of this
proposal would likely set a precedent for other
applications for rezoning land within residential
areas.
If one examines the zoning map it can be seen that
there are a number of existing PZM districts that
border residential districts, howver, none of the
PZM districts are completly surrounded by an R-1
district as would be with this rezoning.
3. Whether Such Use Will Tend to Depreciate the Area
It is difficult to say if the development of a car
wash and doli would ultimately result in a
lessening of the value of adjoining property. The
site plan landscaping and screening features, if
properly maintained, should mitigate most of the
direct negative effects. In addition, a
neighborhood parking problem will not be created by
the development. At the same time, the development
will increase traffic and will contribute toward
creation of an environment that is not consistent
with an area originally designated as R-1. What
precise effect this will have on area land values
Is difficult to say.
7
Council Agenda - 3/12/90
4. The Demonstrated Need For Such Use
Is there a need for additional PZM zoning districts
within residential areas along major highways?
When considering a rezoning request it is wise to
ask, "Was there a mistake in the development of the
original zoning ordinance which needs to be
corrected?; Should the rezoning be allowed to
occur because it will create a PZM zone that should
have been included in the original zoning map?;
Should this rezoning request be denied because said
action will simply enable a property owner to fully
utilize land for commercial purposes even though
such use is not consistent with the original, valid
intent of the zoning ordinance?"
B. ALTERNATIVE ACTIONS:
1. Motion to approve request to rezone said property from
R-1 to PZM. Motion based on the finding that the
rezoning is consistent with the Comprehensive Plan,
geography, and character of area involved. The rezoning
will not tend to depreciate the area involved and there
is a demonstrated need for such use.
2. Motion to deny request to rezone said property from R-1
to PZM. Motion based on the finding that the rezoning is
not consistent with the Comprehensive Plan, geography,
and character of the area involved. The rezoning will
tend to depreciate the area involved and there is no
demonstrated need for such use.
3. Motion to deny request to rezone said property form R-1
to PZM and call for a public hearing for the purpose of
considering rezoning said property from R-1 to B-1
(Neighborhood Business District) and consider adding doll
and car wash to the list of conditional uses allowed in
the B-1 district.
This alternative recognizes the convenience store as a
neighborhood business center and would not allow many of
the more intense uses listed In the PZM zone such multi-
family development and higher intensity business uses.
Following is the B-1 zone purpose as outlined In the
zoning ordinance:
Council Agenda - 3/12/90
"The purpose of the B-1 district is to provide for the
establishment of local centers for convenient, limited
office, retail, or service outlets which deal directly
with the customer for whom the goods or services are
furnished. These centers are to provide srvices and
goods only for the surrounding neighborhoods and are not
intended to draw customers from the entire community."
Permitted land uses allowed in the B-1 district include
barber shop, beauty parlors, convenience stores, and
laundromats.
Conditional uses include government buildings, commercial
offices, and commercial planned unit developments.
As you may have noticed, car wash and dell are not noted
as permitted or conditional uses in the B-1 designation
and must be added to the list of conditional uses in the
B-1 (neighborhood business) zone. In devising the
conditions associated with the Deli and Car Wash, Council
could concentrate on limiting the size of each operation,
thereby limiting the service to a neighborhood market.
Limiting the scope of each use is reasonable as such
limitations would be consistent with the B-1 zoning
Intent.
STAFF RECOMMENDATION:
Council may act as the Planning Commission recommended which
was to deny this request on the basis that it is not
consistent with the goals for the Comprehensive Land Use Plan,
which calls for commercial development to be centralized as
much as possible. Granted, a convenience store, deli, and car
wash are not major commercial developments; however, they are
not listed as neighborhood commercial developments either.
Therefore, the development represents a decentralization of
commercial activity into a residential zone which, in
principle, appears to be inconsistent with the comprehensive
plan.(
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Council Agenda - 3/12/90
The original intent of the zoning ordinance called for
development of a purely residential neighborhood.
Unfortunately, a supper club predated the zoning ordinance and
was granfathered in as part of the residential neighborhood.
In response to an opportunity to lessen the level of non-
conformity and clean up the place, the City, in 1987, allowed
a convenience store to be developed at the site. This action,
though not creating a conforming permanent use, allowed the
owners to refurbish their structure and be in position to
operate the convenience store for many years to come. To now
increase the level of business intensity because the land is
available at the site does not appear to be sufficient
justification to "re -intensify" the use of the property when
the original goal was to develop a purely residential
neighborhood.
On the other hand, by approving the development of the
convenience store, the City has, in a sense, recognized the
area as a neighborhood commercial area. Since that date, the
store has not created a neighborhood problem and probably
should be rezoned to B-1 at a minimum. The City could take
the position that development of the convenience store did not
create a problem and adding a well -screened and regulated car
wash and deli may not create any more problems. If City
Council is inclined to view this development as a benign
Influence on the R-1 district, it is recommended that
alternative 03 be selected.
Although, there are reasons justifying the rezoning request,
it appears that the strongest arguments are on the denial
side.
From purely a city planning standpoint, staff recommends that
the rezoning be denied as it does not appear to be consistent
with the goals of the Comprehensive Plan which calls for
commercial development to be centralized as much as possible.
Granted, a convenience store, doll, and carwash aro not major
commercial developments however the development does represent
a decentralization of commercial activity which in prinicplo
Is inconsistent with the comprehensive plan.
Approval of this rezoning request may open the door to
requests for PZM zoning designation in other R -I areas along
highways.
D. SUPPORTING DATA:
Excerpts from Zoning Ordinance and Comprehensive Plan; Copy of
alto plan; Area map.
/D
Planning Commission Agenda - 1/13/87
Public Hearing - A conditional use request to allow the dispensing
of motor fuels incidental to a conforming use, a convenience store,
in an R-1 Zone. Applicant, Tom Holthaus. (G.A.)
A. REFERENCE AND BACKGROUND.
Mr. Tom Holthaus, partner in the proposed West Side Market, is before
you with a proposal to renovate the former Charlie's West building
into a convenience store with dispensing of motor fuel in a self
service gas station. The proposed use, a convenience store, is allowable
in R-1 Zoning, as it is a lesser use than the former use, Charlie's
West Restaurant. The conditional use is the dispensing of motor
fuels in an R-1 Zone.
As you will note on the enclosed site plan, the applicant is proposing
to screen with a 6 -foot high wooden fence on the north and cast aides
of the property. A screening hedge will be planted in the northwest
cornor of the property between the otter Creek driveway access and
the northwest property lino. A hard surfaced off-street customer
parking lot will be constructed with curb and gutter. An employee
parking lot and a loading/unloading area for delivery of products
to the proposed convenience store will be constructed on the east
side of the building. The area that is not hard surfaced will be
seeded into grass with additional trace and shrubs to be planted
in different areas of this proposed newly seeded area. Lighting
around the building will be through the underside of the existing
building soffits and with a light mounted an the wall in the northeast
corner of the building to light the employee parking/dol ivory area.
The lighting for the gas pumps will be provided on the underside
of the gas pump canopy.
We expect soma input from the public and a pending petition is
also expected to be submitted. Some of their concerns will also
have to be addressed, as their concerns are allowing a motor fuel
station that close to a school or that close to a residential area.
Ono thing also to consider is the use that formerly existed
there, the on -sale liquor and serving of food at the former establishment,
Charlio's West. Six months has expired since the closing of Charlie's
West; therefore, if another establishment was to go in there serving
food and liquor, this now establishment would first have to obtain
a liquor license from the City, secondly would have to moot the minimum
roquiremanto of our City Ordinance in regards to hard surfacing of
the parking lot with curb and gutter, and moot the minimum requirements
of our landscaping/ocreaning ordinance. This may, however, be prohibitive
from a potential buyer to purchase this proporty to make those improvements
before they can essentially open their door for business.
Planning Commission Agenda - 1/13/87
B. ALTERNATIVE ACTIONS:
1. Allow the conditional use request to allow the dispensing of
motor fuels incidental to a conforming use, a convenience store,
in an R-1 Zone.
2. Deny the request for a conditional use permit to allow the dispensing
of motor fuels incidental to a conforming use, a convenience
store, in an R-1 Zone.
3. Approve the conditional use request to allow the dispensing of
motor fuels incidental to the conforming use, a convenience store,
in an R-1 Zone, with the following conditions.
An approved landscaping/scroan ing plan be submitted prior
to issuance of a building permit.
An approved layout of the parking lot with hard surfacing
and curb and gutter be presented for approval prior to issuance
of the building permit.
Prior to granting Certificate of Occupancy, the minimum screening/
landscaping, hard surfacing, or any improvements to the property
which are not done yet, money must beset aside in an escrow
account payable to the City of Monticello to aneure that
such work be done in a timely manner after weather allows
said work to be done.
C. STAFF RECOMMENDATION:
Staff desires to take the middle of the road stand in this request.
The request does have soma morits in that the principal uso, the
convenience store, to an allowable use in the R-1 Zone. with the
proposed location of a convenience store instead of the serving of
food and liquor an was the previous use of the existing property,
we fool it is a down use of the property. It also has soma morito
in the extensive landscaping/screoning that will take place, and
also the hard surfacing with curb and gutter of the parking Iota
as proposed. The conditional use part of the request for the dispensing
of motor fuolo at this location may have soma concerns with the neighboring
single family housing. We already have existing motor fuels stations
which are located right next to or adjacent to residential areas
also. Thorn may be more activity during the daytime hours at the
proposed use for the property than at the former use in that with the
former use, the hours were predominantly during the late evening
hours. Irrogardlose of the fact of approval or denial of the applicant's
request, there is still the possibility of the use of the proposed
property going back to the former use, the serving of food and alcoholic
beverages. It is, however, quite unlikely that the use would change
to the character of the area out theca, the single family residential
use.
D. SUPPORTING DATA:
Copy of the location: Copy of the front view of the proposed want /
Side Market: Copy of the floor plan. 1///O_
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- t A conditional use request to alloy
the dispensing of motor fuels
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Planning Commission Minutes - 1/13/87
of no accesses off of West County Road 39 and would also create
building lot immediately fronting West County Road 39. Mr. 1
Fair questioned from the public's safety standpoint t cress to
the existing lot with the newly created lot on t reposed site
plan.
Motion by Jim Ridge seconded ��Ichard Martie, to deny the variance
request to alloy a propose divided residential lot to have less
than the minimum lot fronj nota t the property line and lose
than the minimum lot front footage at t ont setback line. Motion
carried unanimously.The reason for denial was prapoeing to create
a new lot with a variance request for less than the min lot front
footage as required by ordinance. Also, if this lot was created,
one of tpe variance requests would be in direct violation of our
Monticello Zoning Ordinance.
6. Public Hearing - A conditional use request to allow the dispensing
of motor fuels incidental to a conforming use, a convenience store,
in an R-1 Zone. Applicant, Tom Holthaus.
Thomas Eidem, City Administrator, explained to the public that was
present and the Planning Commission members the City Attorney's opinion
of the conditional use request. The question at hand is. is the
dispensing of motor fuels incidental to the principal use, a convenience
store. He further explained that the convenience store is a less
non -conforming use than the previous use, a liquor/food establishment.
Mr. Eidom emphasized a lot of the information from this was referred
to right out of the Monticello City Zoning Ordinance, Chapter 3,
Section 1, [F), and it reads as follows:
A lawful, non -conforming use of a structure or a
parcel of land may be changed to lesson the non -conformity
of use. Once a non -conforming otructure or parcel
of land has boon changed, it shall not thereafter
so be altered to increase the non -conformity.
Planning Commission Chairperson, Richard Carlson, reiterated the
intent of the public hearing was to consider, as a conditional use,
the dispensing of motor fuel incidental to the principal non -conforming
use, a convenience store. Mr. Carlson than opened the meeting for
any input from the public, and the following comments were submitted.
Mrs. Colleen Nelson opposed the goo station being too close to their
property.
Mr. Myron Haldy to opposed to the project for the following reasons:
I) It'e not a compatible use with the oxioting use that van there;
2) The proposed location of the gas pumps in relationship to the
intersection of West County Road 75 and Ottor Crook Road; 3) An
increased amount of congeation; e) The hours of operation; 5) He
fait it would decrease their property valuao; 6) Additional theft
and vandalism, and he felt there wan no need for a convenience store,
as there aro already five or so existing in the city of Monticello.
6
Planning Commission Minutes - 1/13/87
The following comments were made by David Kopek. He questioned the
need of a convenience store/self-service gas station when there is
an existing one, the Monticello Pump N Munch, approximately eight
blocks from this site.
Mr. Jeff Nelson also was opposed, and he asked in what zones motor
fuels are allowed to be in. City Administrator Thomas Eidem indicated
that it is allowed only as a conditional use in a B-3 (Highway Business)
Zone.
Sherrie Peters questioned that this would be de -valuing their
residential properties.
Planning Commission member, Jim Ridgeway, asked the applicant to
explain his plat, as many of the questions which were brought up
by concerned members of the public could be addressed by the applicant
explaining hie proposed convenience store/self-service gas station
on this proposed site. City Administrator, Thomas Eidem, explained
the site plan of the applicant for the Planning Commissioners and
the public.
Some additional questions which were brought up were the hours of
operation. The applicant explained the hours would probably be from
5:00 a.m. until 10:00 or 11:00 p.m. Another question brought up was
the insurance question if, with a motor fuel station, surrounding
properties' insurance would be increased. Also questions were brought
up about the lighting, and Thomas Eidem, City Administrator, explained
the locations of the proposed lighting.
Myron Haldy explained that oven with a 6 -toot privacy, there still
wouldn't be privacy for some of the existing homes there, as they
are split entry homes, and the upstairs part of the split can still
overlook this 6 -toot high screening fence.
Kra. Diane Patera indicated that they have boon living at their residence
for approximately 16-17 years and were one of the first residents
in this particular area of town, and fait that the proposed uno of
the applicant's would be much bettor than what vas previously there,
a liquor/foot establishment.
Mr. Roger Hodtke questioned as to why the dispensing of motor fuels
would be allowed in this residential single family zone.
Mr. Richard Kolb is definitely opposed to it because of the lights from the
care and all the noise created by ouch an activity at this site.
Mr. Dave Kopek questioned the applicant if he had researched a need
for ouch an activity at this particular site.
Two potitions were submitted by Colleen Nelson to Planning Commission
Chairperson, Richard Carlson, and were read aloud by Kr. Carlson.
Planning Commission Minutes - 1/13/87
Mr. Jim Ridgeway questioned the applicant the hours of his operation.
He indicated they would more than likely be between 5:00 a.m. or
6:00 a.m. to 10:00 p.m. or 11:00 p.m.
Motion by Jim Ridgeway to approve the conditional use request to
allow the dispensing of motor fuels incidental to a conforming use,
a convenience store, in an R-1 Zone with the following conditions:
1. An approved landscaping/screening plan be submitted prior to
application for building permit.
2. A hard surfaced parking lot with curb and gutter be constructed.
3. Prior to granting a Certificate of Occupancy, money be escrowed
for completion of landscaping needed to meet the approved landscaping
plan; and money also be escrowed for the construction of the
hard surfaced parking lot with curb and gutter if these should
not be in by the time they would like to open for business.
d. The hours of operation will be from no more, but could be leas,
than from 5:00 a.m. to 11:00 p.m.
5. There be a maximum of four fuel pumps.
6. The dispensing of motor fuels be allowed for automobiles and
trucks not exceeding 1S tone.
Motion seconded by Richard Martie, and was approved unanimously.
`Additional Information Items
1. The 1987•Planning Conference update.
Zoning Administrator ator Anderson indicated that it would be hold on
Wednesday, the 21st/Of-January, and that either himoolf or Tom Eidom
would be going with the Planning Commission Chairperson, Richard
Carlson. If the now Planning Commmiisoion member, Jim Ridgeway, would
like to go, he would be more than welcome to go.
2. It was the conoonoua of the Planning Co\ ioe members to oat the
next tontati%o data for the Monticello Planning Commiosion for February 10,
1987, 7:30 p.m.
3. Motion by Joyce Dowling, seconded by Richard Martie, to adjourn -the
mooting: Mooting adjourned at 9:21 p.m.
Reapactfully submitted,
Cary AnddAon
L Zoning Administrator
Council Agenda - 1/26/87
7. Consideration of an Application for a Conditional Use Permit to Dispense
Automotive Fuel Incidental to a Principal Use. (T.E.)
A. REFERENCE AND BACKGROUND:
At the January 13 Planning Commission meeting, the Planning Commission
recommended that the Council grant approval to the issuance of a
conditional use permit for the purpose of dispensing automotive fuel
incidental to a principal use, namely, a convenience store. This
is a fairly complex matter, and has become more complex since the
Planning Commission meeting. I will do my best to provide you a
clear explanation of the process. The site in question in the old
Charlie's West liquor lounge/supper club. The liquor lounge/supper
club existed as a legal non -conforming use grandfathered in when
annexation occurred. Chapter 3, Section 1, Subdivision F, of the
City Zoning Ordinance provides that a lawful non -conforming use of
a structure or parcel of land may be changed to lessen the non -conformity
of use. Based upon the zone requirements in the Zoning Ordinance,
a conversion from a liquor lounge/supper club to a convenience store
lessons the non -conformity. The reason for this lessening of non -conformity
is as follows: A convenience store is a permitted use in a B-1 Zone.
A liquor store is a permitted use in a B-3 Zone. In terms of compatibility
(or qualitative conformity), a B-1 Zone is closer to an R-1 Zone
than is a B-3 Zone. The charts that I have provided in the supporting
data gives some visual representation of how this applies.
Under the terms of the ordinance, if the proposer simply wished to
open a convenience store (or any other permitted use in a B-2 or
B-1 Zone for that matter), they simply would need to file for a building
permit. There would be no public hearing necessary, and the full
intent of the ordinance would be mot. We allow convenience stores
to exist in a B-1 Zone. We also, by definition, allow the diapenaing
of automotive fuels incidental to the operation of a convenience
store. However, in the section regulating motor fuel stations there
is a clause that states regardless of whether the dispensing of motor
fuels in incidental to the conduct of the use or business, the standards
and requirements imposed by this ordinance for fuel stations shall
apply. Consequently, even though the dispensing of fuel is incidental
to the principal use, a convenience store, it is still an obligation
to receive a conditional use permit to disponee that fuel. The not
result is that the public hearing was hold solely to evaluate the
incidental dispensing of motor fuel. The conversion to a convenience
store is not a question for consideration since it is already allowable
under the ordinance. Only the fuel dispensing is in question.
At the public hearing before the Planning Commission, substantial
public opposition was voiced. Thera was concern about lighting,
increased traffic, and increased child pedestrian traffic. Some
concern was voiced that the City already has a number of convenience
stores with gas dispensing and that the Planning Commission chouldn-t
allow anymore. Commisoionar Ridgeway properly stated that the free
enterprise system was not within the purview of the Planning Commission.
6
Council Agenda - 1/26/87
Whether or not an individual wished to try to open another convenience
store was a calculated business decision that the Planning Commission
does not involve itself with. Other pointe of opposition related
to a potential decrease in property value and increased theft and
vandalism and associated crime. At the conclusion of the hearing,
a motion was made by Ridgeway, properly seconded by Richard Martie,
and approved unanimously to recommend the approval of a conditional
use permit for the dispensing of motor fuels incidental to a convenience
store provided that all ordinance conditions are followed in full
and by adding the additional conditions as follows:
1. A detailed landscaping/screening plan be fully submitted prior
to application for a building permit.
2. A full hard surfaced parking lot with proper curb and gutter
and sidewalks be constructed.
3. Prior to granting a certificate of occupancy, money be placed
in escrow to guarantee the full completion of landscaping and
screening, and that there also be an escrow account for the construction
of parking lot with curb and gutter.
6. The hours of operation shall not exceed 5 a.m. to 11 p.m. daily.
5. There shall be a maximum of four fuel dispensing pumps.
6. The dispensing of motor fuels shall be allowed for outomobilas
and trucks not exceeding ono ton.
In the time since the Planning Commission hoe adjourned, ono major
issue has occurred. A petition bearing at least 25 names was submitted
to the Environmental Quality Board requesting that an Environmental
Assessment workshoot be prepared. As of this writing. Thursday afternoon,
I have not soon that petition, but I have been in contact with the
EQB, and they have advised me that they did, in fact, receive a petition,
and that it is being forwarded to the City, naming the City as the
Responsible Governmental Unit (RGU). The not result of this filing
is that prior to granting the conditional use permit, the Council
must decide on the validity of the petition. If, of course, you
opt not to grant the conditional use or find it unworthy of being
granted, you may simply deny the conditional use application and
the petition becomes moot. According to the regulations of the Environmental
Quality Board, a petition must contain "material evidence indicating
that, because of the nature or location of the proposed project,
there may be potential for significant environmental effects." The
regulations further state that "the RGU shall order the preparation
of an EAw if the evidence presented by the petitioners... demonstrates
that, because of the nature or location of the proposed project,
the project may have the potential for significant environmental
effects. The RGU shall deny the petition if the evidence presented
fails to demonstrate the project may have the potential for significant
environmental effects." Thus, if you wish to pursue the conditional
10
Council Agenda - 1/26/87
use request, you must first make a determination on the adequacy
of the evidence provided in the petition. I am at thin time attempting
to get a ruling from the EQB as to precisely what constitutes material
evidence. This particular ruling is going to be extremely delicate
from a political nature. If there is no significant material evidence
pointing to a potential environmental impact, yet you order the proposer
to prepare an EAW, you are costing the developer $3,000 to $4,000
for no good reason. If, on the other hand, you reject the petition
for lack of material evidence and grant the conditional use, you
become exposed to accusations for neglecting the environment. Obviously,
if there is material evidence that warrants an EAW, the judgement
is clear. Mr. Holthaus, the developer, has indicated an open willingness
to prepare an EAW on the Council's request no long as there is reasonable
substance supporting that request.
Part of the difficulty with this issue is the generic problem of
petitioned EAW's. The entire City of Monticello, through one course
or another, empties into the Mississippi River. If an EAW is ordered
now, and no material evidence is presented, that particular method
could be initiated for virtually every development project within
the City hereafter. Again, if the material evidence is present and
clearly presented, the alternative is obvious.
So you sea, this issue has become relatively complex. First, there
is the Zoning Ordinance question, and secondly, there is the environmental
question. The authority of the EQB pro -empty the zoning question.
The environmental question must be addressed first.
B. ALTERNATIVE ACTIONS:
1. Reject the petition for an EAW rule on the conditional use.
2. Accept the petition on the EAW, order the proposer of the project
to prepare an EAW.
3. If you reject the onvironmantal petition, you may than a) grant
the conditional use on recommended by the Planning Commission,
b) grant the conditional use attaching additional conditions,
c) deny the conditional use.
C. STAFF RECOMMENDATION:
Recommendation at this time is difficult since all of the data is
not available. I hope to have greater clarity on the environmental
issue by Monday night. With respect to the conditional use, the
Planning Commission has recommended approval so long as the ordinance
plus the additional conditions are fully complied with. You may
attach other conditions that you doom necessary. Under lend use
lav, a conditional use is considered a permitted use, provided that
P the conditions ara mot. If all conditions stipulated aro mot, then
e Council is bound by the law to grant the permit.
I1 i
Council Agenda - 1/26/87 ,
D. SUPPO'.TING DATA:
Copy of the minutes of the Planning Commission meeting; Photocopy
of the Minnesota Coda of Agency Rules from the Environmental Quality
Board; Copy of lettere received since the adjournment of the Planning
Commission meeting; Copy of the petitions submitted to the Planning
Commission; Copy of the data provided by the City Administrator to
the Planning Commission for clarification.
-12-
Council Agenda - 1/26/87
LATE FRIDAY AFTERNOON ADDITION TO THE CONDITIONAL USE QUESTION. (T.E.)
I received in this morning's mail a Copy of the petition submitted
to the Environmental Quality Board and a letter indicating that the
City of Monticello is the Responsible Government Unit. Hence, the
first decision that must be made by the City is to evaluate whether
or not the petition presents the necessary evidence to demonstrate
that the project may have the potential for significant environmental
effects. If you find that the petition does present adequate evidence,
you should order the preparation of an Environmental Assessment Worksheet
(EAW) and suspend all other action until the completion of the EAW.
If in your judgement the petition does not present adequate evidence
to demonstrate the potential for a significant environmental impact,
you should reject the petition. If you reject the petition, I further
recommend that you postpone action on the conditional use until the
second meeting in March. If you reject the petition, we must give
notice to the Environmental Quality Board that the petition has been
rejected, and the Board will in turn publish the City Council's finding
with regard to the petition. The publication in the Environmental
Quality Board Monitor will also contain a statement that any party
has 70 days to appeal the decision of the City Council in District
Court. I suggest that the conditional use permit ruling be postponed
until the appeal period has closed.
I have boon informed that all of the petitioners intend to appear
at the City Council meeting. The petitioners have informed me that
Mr. Myron Haldy is their spokesperson. While this is not a public
hearing and the floor does not need to be opened, Mr. Haldy has requested
permission to speak on behalf of all petitioners. Thin seams to
be a reasonable alternative with respect to hearing the issue restated,
but not rehashing every statement that was made at the Planning Commission.
Added into the supporting data is a copy of the letter from the Minnesota
Environmontal Quality Board and a copy of the petition submitted
to them. The colored highlights have bean added by City staff to
address the question of material evidence. My question to Grog Downing
of the EQB with respect to material evidence resulted in no firm
answer. They do not clearly distinguish between material evidence
and supposition. I have made the highlights solely to draw your
attention to the presentation of the petition, not to influence your
decision. Ono quostion that should be asked while deliberating on
the validity of the petition is whether or not this particular proposal
is no unique that it requires the preparation of an EAW when no other
similar project within the City has required an EAW. That is to
say, is there something unique to this project or this neighborhood,
found nowhoro also in the City, that generates a greater potential
for environmental impact.
q
6 MCAR S 3.026 Petition process.
A. Petition. Any person may request the preparation of an
EAW an a project by filing a petition that contains the
signatures and mailing addresses of at least 25 individuals.
B. Content. The petition shall also include:
1. A description of the proposed project;
2. The proposer of the project;
3. The name, address and telephone number of the
representative of the petitioners;
4. A brief description of the potential environmental
effects which may result from the project; and
S. Material evidence indicating that, because of the
nature or locatigrn.of.the proposed project,; -there may be
potential for significant environmental effects.
C. Filing of petition. The petition shall be filed with the
EQB for a determination of the RGU.
D. Notice to proposer. The petitioners shall notify the
proposer in writing at the time they file a petition with the
EQB.
E. Determination of ROU. The EQB's chairperson or designee
shall determine whether the petition complies with the
requirements of A. and 0.1., 2 . , 3., 4., and S. if the petition
complies, the chairperson or designee shall designate an RCU
( pursuant to 6 MCAR S 3.024 and forward the petition to the RCU
within five days of receipt of the petition.
F. EAW docision. The RCU shall order the preparation of an
EAW if the evidence presented by the petitioners, proposers, and
other persons or otherwise known to the nGU demonstrates that,
because of the nature or location of tiro proposed project, the
project may have the potential for significant environmental
effects. The RGU shall deny the petition if the evidence
presented fails to demonstrate the project may have the
potential for significant environmental effects. .The RGU shall
maintain, either as a separate document or contained within the
records of the RCU, a record, including specific findings of
fact, of Ito decision on the need for an EAW.
G. Time limits, The RCU line 15 days from the date of the
receipt of the petition to decide on the need for an EAW.
1. if the decision must be made by a board, council, or
other body which meets only on a periodic basis, the time period
may be extended by the RCU for an additional 15 days.
2, For all other RCUs, the EQB'a chairperson shall extend
the 15 -day period by not more than 15 additional days upon
request of the RCU.
11. Notice of decision. Within five days of its decision,
the RGU chalk notify, in writing, the propoaar, the EQB staff,
snd the petitioner's representative of its decision. The EQB
staff shall publish notice of the RCU'a decision concerning the
petition in the EQB Monitor.
Minnesota
rzEnvironmental Quality Board
100 Capitol Square Building
550 Cedar Street
St. Paul, Minnesota 55101
Phone
January 21, 1987
Tom Eidern, Administrator
City of Monticello
250 E. Broadway
Monticello, MN 55362
RE: Petition for an Environmental Assessment Worksheet (EAW) for
Otter Creek Convenience Store
Dear Mr. Eidern:
The Environmental Quality Board (EQB) has received a petition
requesting that an EAW be prepared on the project described in the
petition, and has determined that City of Monticello is the
appropriate government agency to decide the need for an EAW. The
requirements for environmental review, including the preparation of
EAWs, can be found in the Minnesota Code of Agency Rules,
Environmental Review Program, 1982 Edition, 6 MCAR 3.021 - 3.056. If
your unit of government does not have ready access to these 1982
rules, please contact me.
The procedures to be followed in making the EAW decision are set
forth in 6 MCAR 3.026, (pages 12 and 13 of the rules). Key points in
the procedures include:
1. No final government approvals may be given to the project named
in the petition until the need for an EAW has been determined.
If the decision is to prepare an EAW, approval must be withheld
until either a Negative Declaration is issued or an
Environmental Impact Statement (EIS) is completed (sea 6 MCAR
3.032A., page 27).
2. A first stop in making the decision regarding the need for an
EAW would be to compare the project to the mandatory EAW, EIS
and Exemption categories listed in 6 MCAR 3.038, 3.039 and
3.041, respectively (starting on page 35). If the project
should fall under any of these categories, environmental review
is automatically required or prohibited. If this should be the
case, proceed accordingly.
3. If preparation of an EAW is neither mandatory nor exempted,
City of Monticello has the option to prepare an EAW. The
standard to be used to decide if an EAW should be done is given
in 6 MCAR 3.026F. Note that thin requires that a record of
decision including specific findings of fact be maintained.
AN EOUAL OPPORTUNITY EMPLOYER
®9
Mr. Eidern
January 21, 1987
Page Two
4. Section 3.026G. allows 15 working days (Saturdays, Sundays and
holidays do not count) for your decision unless it must be made
by a board or other body which meets only periodically, in which
case you have 30 working days. Note that G.2. allows you to
request an extra 15 days from EQB if the decision is not made by
a board.
5. Section 3.026H. specifies that you must notify, in writing, the
proposer, the petitioners' representative and the EQB of your
decision within five (5) working days (again, Saturday, Sunday
and holidays do not count). I would appreciate your sending a
copy of your record of decision on the petition along with
notification of your decision for our records. This is not
required, however.
Notice of the petition and its assignment to your unit of government
will be published in the go Monito on February 9, 1987.
If you have any questions or need any assistance, please do not
hesitate to call my staff. The phone number is (612) 296-8253 or you
may call on our toll-free line by dialing 1-800-652-9747 and asking
for the Environmental Quality Board, Environmental Review Program.
Sincerely,
r-
Gregg M. Downing
Environmental Review Coordinator
cc: Tom Holthaus
Myron Haldy
12
Date: January 20, 1987
To: Dan Blonigen, Council Member
Richard Carlson, Chairman, Planning Commission
Tom Eidem, City Administrator
Bill Fair, Council Member
Fran Fair, Council Member
Arve Grimsmo, Mayor
Warren Smith, Council Member
Dear Sirs and Madam:
I have several comments to make concerning last Tuesdays public
hearing on the Conditional Use Permit for dispensing gasoline at the
Charlies West site.
1. In Mr. Eidem's presentation at the beginning of the discussion, a
convenience store/gas station business was promoted as a more
"conforming" use of the property than a bar. While a convenience store
would be appropriate for B1 zoning the addition of gas pumps makes it
appropriate for 33 zoning. This is the same zoning as the bar.
Therefore there is no gain in making the use of the property more
conforming to the R1 zoning. If gas pumps are allowed at the site some
flexibility to eventually make the use of the property more conforming
since it would be more difficult to convert the property to another
use.
2. it seemed to be the opinion of several members of the planning
commission that the choice for use of the property is between a bar and
a convenience store/gas station. Whether or not to allow the
dispensing of gasoline at the site should be based on the merits of
that use not because it is the lessor of two evils.
3. Several times concern over the increases traffic resulting from the
proposed use of the site and the safety of children crossing Otter
Creek Road and Highway 75 were brought up. These concorno were not
addressed and didn't seem to merit more than a cursory review by the
Planning Commission. At the same time the appearance of the proposed
business was stressed. As a homeowner on Sandy Lane with 3 young
children, the possibility of increased traffic on our street rates much
more consideration than appearances.
E. During the hearing for this issue and also the previous hearing (a
variance for property on Ramps Circle) the city officials and planning
commission members appeared to be in the position of promoting the
applicants position. I would think that having the applicants for
permits and variances give their own presentations and having
commission members take a less active role in promoting would be a more
desirable way of doing business.
A
I think that these topics form a basis for discussion at the next
City Council meetingi look forward to hearing your opinions an these
topics.
Sincerely yours,
Jeff Nelson
1204 Sandy lane
I
6%
January 18, 1987
To the Editor:
As residents on the west side of Monticello, near the Pinewood Elementary
Schools, we are concerned about the possible development of a gas station/
convenience store in our neighborhood.
Although we are in a residentially zoned area (R1), we unfortunately haves
a parcel of land zoned for business (Charlie's West, which was grandfathered
in during zoning guides years ago). When the business closed, many in the
neighborhood hoped the property would be changed to a residential
classification, therefore in keeping with the rest of the area. Upon
hearing of the possible development, many residents in the neighborhood
attended the meeting of the Monticello Planning Commission to voice their
opposition and concerns.
At the January 15th meeting of the commission time was given for the
neighborhood to voice its oppositions and many questions were answered.
However, we were dismayed to hear the commission recommend approval of the
development. We feel that the commission did not adequately answer our
concerns regarding the increase in traffic on an already busy corner; nor
the potential danger to our grade school children, especially those walking
to school.
We urge the Monticello City Council to 1). Review carefully the increased
traffic congestion that would be brought on by a gas station; 2). The safety
of our grade school children, both those walking and on buses; 3). The desire
of the area to become the residential neighborhood that we are zoned for.
Sincerely,
Roger and Susan Hedtke
1218 West River Street Street
Monticello, MN 55362
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CITIZ's !3 R:ti T ^)T MR 3F!':IIi0F1:3: T.i?, i.:"- , ��qC-EZN'
:w • �,alarzi*-nad do petition ind request environtnantil
rovi3•: '-o t ::»_ t;, pot3nti3l for onvirow*antnl impict Sahich
..011 ..q3? I !�:7at:`UCti.�1n Erni o;,;»a tion of th foij --i~-
p•ro j ^nt:
I. 1 c-:)ir•ition in101v31 in "disp-jnaing of motor fu'lls
inci'13nt-il to i conforning u3a, n ccnvaei:n-c3 s':ora, in in R-1
zono. Location is block � Lot 1, Riv-r T,rrace A!:lition in t1:3
":it; of 1:ontie3llottHN 55362." ltak3n from conditionil usa
n7�?.icntion rotic3l
Viis propos3d projoct li,3e ynris -lirDctly
uphill from OttDr ':r-Nel: -al-in- Ottar ,rao1: to t3. Gttar c»ial:
ron.l lias ditc*033 on both sidao --ihich run 4irectly into Ottsr
,rss!: 9t a -oirit -rh3r3 tho roil cross3a Ottar :^3olt. :tirthar,
And 3ionificantl7, t!+is point is opproxinvitaly 12, yards
upstro•im from ita nouth rh3rs it anters tha l:ississippi IL7:)r.
Thi3 op3rntion :,ou13 involv3 the construction and use
of 4 fval punpo 3n•1 and-trgrotind fu -31 t-tnks for stornaa �:hich
•ronl,V'Md3t1 r_3soi in-, t•to typa3 of unlaniod Sg3olino, ind
dieaal fu31. It is und3rstood thot this projoot Hould vlso
involvo stlas in -1 diapensin_ of thn nbov, n3ntionad fuols as
will as other pro3ucta such n9 oil, antifr31M, bra4:a fluii
and oth3r relntal products.
Tho pronnrty li32 of Cvt top of o hill t+hich u83t1 to bo
tho old riv3rbnnk. Surrounding prop3rty includes sin?la f-inI17
r131t1,)nti31 lots on thros silos and in alamantiry school ind
play :rounl directly aoL "c the rood.
II. Tho pro,toaar of t:13 project is:
Tc•t ::olthw3
3 3. ilvw 't.
I:ontio*ll.o, 1 :1 _"3G2
III. A-) r3plesent'ttiv3 of the p-ititionars is:
':yron .I. "•tl4y
1110 Lindy Lane
I'.onti:allo, 1:.1 5535
:::: (512) 4295-32-65
�r
IV. ,ile bolid,6- t1ois proj3c. ':ill pro.iuc3 ail'nificint: potential
harmful :►nvircnmontnl officts '-.-bich include:
r_
A. Through runoff, lo31:ag3, spillvp, ss•epertv or oth3r forms
of trnnsfar, contiminants from this projset which 'iould
include but not ba Baited to rnsolin3, oil, di+sol fual,
lead and oth>r breakdown products would r3-3ch Ottar Greets
and/or the I•:issippi River.
1. This portion of th3 ::ississippi _',iv3r tn4 Otter Grie;-,
os an unlist-id tributary str-xan of tho K13SiS3ip1A
full and-ir ::innosot-% Rulos `.:h l,,t3r 71.130 -1tani irds
Fur Protection Lr r.,o :e-ite»R cr t; -t .tita. °.n-lnr t`:ic
;-ir u333 iris ins
b•, 1of t1i) ;t;tt o°' ' Lanisot-i. :`h3 cln5s3s
a'o13 'e; l.ea to this stritca of tha ::ival3si;)7i era:
1: •lon)stic cont•3ur-= *ion
24 fish ami r3c.rs^tion
33 in:ustri:l u..li:tkion
!!3 •ail•lli.a
tiivi-ition
�a_
i. :3rtiinin^ to cla:3ifiontion 11, for •lnnsstio
cansul:iption, wn fail that throu:h runoff, 93--W�3,
loakirr), or othn_ forms of tronsfor, contininnnto
such 'is thos-i ri3nti^nail n1yov.3 could po33 -i ;ot3ntiil
tireat to do^tsstie %ter c3nnu3ption to sevaril
do•inatr3ari co-.- uniti33 tl+at utilix3 this i•itar in
such a minn3r. 'a teal that b3fore this pro j-ict
continues in environri3ntnl ravieai should be clone
to -lotarmins suoh -i ;tosaibility.
b. Pertinent to Clyssificstion 29 for fish and r5er3ation,
Otter Crnik drains 4 upstronm lskoa, those baind
83rtrnn, !zona, Pi and i:ud Lskas. Otter 1.
h3a lone been knoiin as s snat4nin- run crook uhoro
Northern Pike move up f^om the i'issinni :1iv3r in
thi si>.ing, under the ie3 to:'+rls :.ixd Like. At
the mouth of Ottr Qcask 'i:isri +.t empties into t13
1;i931dsjnpi, ther3 is 3 fsn.linm, hol*lin- end spt:m.n-
nrS-i for 1-s3, -in.".
Horthirn '.'.:3. 71-n! irnin, lec"I int
.:no', o2 t'eis t.ahinn, hi13 -ini it is fr3+;u3n'Iy
us,, i also by chtl'lrin of tt}'3 co-niunit. ainoa 3t
is doss.-urth3r, tl.ti -itr3tch of ti:3 ::issiopippi
io !,no:m stits'ii'ls from 'gxposura in aportanlns
pablic-itions is prim smslimouth bs.s habitat.
Further, it is charted as a good arao to ontch oil
thssi fish in fi.^.,'.l 'CO GAT^.i: ' ::, Lcr. u."I 1436
Tuition for this yvrt of th3 :.isstr)l .liver.
Also, th3 viortion of the river upstr-tin from
::onticollo, ' dch ill of this ie, f -ills nnior
% ol3saifio-ition Of ',iesi^n it td, 1'uslcie Caters'.
chis szaaion of, t::a riv3r 13 113o u333 ;3y ysopla '•Tito ri:13
from 1,:onti3si-)pi ounty .^•arl: ind Aivir Tjrr•,ce ?ark on innartubas
tnd air mittrassas do:•rnatronn to points Miall balo:r the mouth of
Ottar Cr3 k. The p%titionsrs foel•thit ,n onvironn3nt•il review
should bo conduct?d to insure that the fistior_ss -ind other
reersational wilitios of tris? .•stars not ba b-irmad.
M °ortinnnt to cl3ssificition 4S for -,Aidlife, this nrav
is frocu?ntad by bald e•aRI33 and s?varal 5:13cils of mi?r•story
:ratarfovl including •^,nidi 23333 ind millar•1 ducks to n,mo but
two. Ducks lriv3 n93t3 i -31on j Otter 'r !1c tris •„st nprin?.
iocordinx to ,t In -at ono r-)si•lant, •:ill .%• ir.3 1:,..., a,3n OisZtr•n.l
-Ion-- t`tm river 'ort ofi t'^.t tiout:: o_` ct::3: _ ,,tc. fie to t':3
vinir.u, c:,r•,c`,ristic o! -air r3v.ni o,,n ••.t3r +.n t: i•3 atr:)tch of
river is i result of t':9 a•s3tra,n to^.,ition of t1a3 : ontiesilo
?O ;
'3r ,l int, most 01" ";! � s3 3, aciis f73 uen`. Mars r.—! -7.1round.
1. 3,13 3,•-1.3a _ n i tnr a •tin? 1 s;.-ciss :n'.
raN t31 I). hoto °• 13r:1 .-.1 •+:. -al,tiona. ":,,
:aril+l in i`.- numbers in his nra3 .for
at 111st :1:, list ";'.Iror five ry,:rs. ('•13,aa note 9nclosod
"ot0rox 0'. 1 anti -110 "! ties- Jac 2t', 1923) 3,113 '.:
•) %no':n to nem�in ;:,.? .: `ianil .1afua%°-,
haat the last 2years. :'he nouth,)rn edge of this refuge
lion only oirht miles north of this aaction of the river.
Thaao and othor bili ea loa follouing migration,long open
u3ter in I,ta �;inter ind earl? sgrincc, nroaumably to points
north aueh ss tl» Chiypsws Aationsl Nrost or other loc•itionsa
nay ba obsirv3d here kciidina on schooling fish in the open
uator.-a,cles Lave been obiservad finding ;:hile sitting on
shors ice directly across from the mouth of titter Cr•sek.
:•,files nre positioned at the n nk of their food chain and,
s+v3ril sixes and species of fish and loner acuntic orvsnisma
occupy the lower levels. It is documented end widely oocapt3d
that toxins and aontiminints 08,.t113y p033 up the food chain
b3com3 more cono3ntrot3d.• Furthsr, many of these toxins or
cont,minints ire cummul'etive and ono -9 abonrbed or ingested
are t+ita the ,ninile for h:u rsvizinder of their life. .Fe
fe?l that the gnsolina, le+d, oil and other contaminant along
with their brettcdown ?rolucta moy pose n serious Cormit here
to tho bold naglos uaioh occu.1y ins Td-rrte tlsrounh 0is ,rs•+.
2. 1.irr+tor• •.wterfo'il 0130 f.^s•.uent this er3a y33r rounl
ani otii3ra of the 31m3 s)ecias p1s3 tbrou^h 3 -)ring ,nl fall
on their ..ii7r•itiods. Te,r round o,7sn +,ter ind n%llrby
cro;3Iands :ldoh provide food aeon to drns+ them. Th?se
C,nodi Oe34e, 11311, . dunks, -ind ssvaral other species that
fraquant this Brea -5,i rotected under both F3ler3l and State
rsirulitions. Petroleum ind other cont3ninants such is lead
hive b•s3n demonstrated to be extremely hirmful to m,ny types
of birds. '3troleun in aarticul.ir 13 :,no'fn to be l,naging
to plummace ena life of miny.
44efecil thsr's may be t si?nificint thrnit to th3 ,bone mentioned
c:ildlif3 in) ri',tvlat tart ,n avirunuent,l revue+ bo cnnluetsd to
nse138 such.
pa, ge 4
IV .:(cant. )
2. Thi3 section of the M331SSip.1i Rivor is n1so eliaaified
und3r iedsrnl 3nd otnte scanic •ind recreational do3lr.nition.
lindor MPGA 7050.0180 "llondaar9dation Policy" and
3ubp. b "Restricted disch3r es" which awirtains
to"waters of outstanding issource valuo".
".Jntars of the State with i Pederal or State
scenic or rocrsotionol value include but are
not limited to: (.gee F.) "Dassissippi Rivar
from county stita nid h 1,*¢i7 7 brtdae in
3t. Clolzd to t^i -*;orM.:j9atirn city linit3 of
'lenrl7 this includes c:onticello, M1.
tndir i.PCA 7050.01+30 "iaalct from u,rstr33m 4ischareos.
Thi aconcy(PC41) shall require new or expanded discharges
to .j3t3r3 thot flo•i into cutstnnlina resourco vilus eaters
be controlled so 3s to aasure no Isiarionition in the
qunlity of th3 do'•"n3triim oat3t-in•Iinl rasource vilu3 witeril
"his cla.irly-ixplics to Otter C.,•ik and the lo'jn3tranm
1 ississi;ipi : ivar.
In ord3r to control so os to nssure no detarioration
in this c3s3, the p3titionsr3 fsol that Ott3r '.rant, bsin_
:n unlist3d -nd unstudied str,am should be atudi3d from -in
anviron-=ntil watnr qu•ility at :n-13aint so 3a to e3tabU3h
otirtin_z ioint-*)i..i line diti ao tilit :(4 z auld "n?
letar{arat an occur iu3 to thin tirojoct th3r3 :rill be
:aai4a�ing ^ith al:'_c1i i con,iari3on cin bs wi!3. Further
:ie feel 4:13t an anviromi-intil review should bs conduct3d
to issuro thnt no doterioration ehauld occur, miintniin
eom,lliancs :lith the eritgrii of this r3gul3tion •ind Maintain
the c.uolity 3s i river of scenic 9nd recr32tional value.
B. Oroundu3ter v.uolity- .Ja feel this projoet miy pose a 3i^nificant
throat ind r.ilues Crountllioter •ini/or ..,it3r tab13 c.ua_ity in
thi 31 j icant nraa 33 uall is the 3ntiro ore3 botwosn the iro ,iot
int .:Star ".r231c -.is :roll as tiWrsen the NrAeot .ind the Visor!'.
1. :iiri is soros uuiszion 14 to "aothoir the und3r1^aunJl
atar3„e tinks, (17:er3 :ail b3 4 in totil) c -n com?ly
.rith r3gulations nn l stinlirds istihlia.iad for
unlar,round storage, in tho minner it may rail -its to
the geology of the •ireo, water table location -ind
ground:j3ter movomant in this srsa. There nre walls
In tha icriallits 3ro3 •issociatsd with rosidsncss
uhiol► nre sti:l in use. It is felt that throu-t.
oo".Riga, 1•akn3i, or sir»ge oont,ininanta inoluiing
but nit liMitrl to liad,gasolins, 7etrolwm, ti•isil
fu31 or thiir brnikbun iro4vots miy reduce tli3
uii it7 of tl•is niter. Pher3 linve' bsin in t%3 list
t •o vi•iz:s at lenat t•,o oinritions of this t7?n
old rivar:alni: hilltop
situated in the slms xgologic formation (fins sand and ?ravel)
loc9tod lass then a mile a* -ray that e:.-seri3nced lmakSao ind s3a;to_ra
;problems of unax_a1•rin3d causo. As as result, fuel odors jnpe-irad
in basom3nts of downflow residents. It is the concern of the
pottitionors that this geologic formation nay not be conducive to
proper ?lacsment and locltion of undararound fuel storsao tanks
and request that a study be conducted to insure pro -per location
and placement and to insure protection of azisting wells and
homes.
.also adjacent to rind do4rnflonr from the ;projoct ara siveral
backyord slap areas for children rind directl7 across the road
is an elementary :school end -•la:pZround. It is kno:n that ,7111
gulntitins of li Nd c•an r•ltlr_ l l +rnin^ in chi). L. in nn i •ro iuca
other hartuul )V3ets. .t3 fall t11it his nn.1 other •r^.v'ovzlf
n•sntionad c?ntlriinants ;ii7ht ra•ich tH•a:3 arms t'•.ro:s_:'• s •--!I aha
lriat:ars, 3e'a»1^e or runoti In•i this oaaiaility should bo
wvgl•autor1 by anvi.•anar:ental ravi Bw.
.idjncent to aril in the n±.aPby do'rnflow area ore sovsr:al
family g3rd13ns that rre foal map ba sianific intl7 affsetrid frog
both a oroductiva and Itonith stan•i,l;,int. .is feel tbis should
•1150 bo 1350330d jefor3 continuint: 'jith th3 rrojsf1t.
G. Noise- .pith tiro antici,ant,3A incrslaad traffic and rnnsral
n+er•rtion of business, tl:n •ratitionors Peel that an increased
noisa level *.111 be im,aoaod u -on thn area. It is this '•oul,l
havn nsirrnifio•int environasntal inlrct u?on the area and ah,)uld
:re 'avi1v3tad through environ ntel raviwar.
D. 03cluae of sins ind lighting nsce3a2vy to i businosa of this
nature, tho ore•Is environment migbt be off" tad n,t-itivaly. On
clear niv.11ts in thin Brea, ell th3 const5ll3tions avrail•ihle to
the nortiasrn 8:c7 mal tae seen. It is felt that light-,10.1ution
would intorfare - ith this sa •call as invade the surrounding
privacy of nai-!%borina yards. It is folt that these in.acts
should be iddr;aasd to insure minimal effect.
y. Sue toa*illage, s3e;iaga, lentca
ge ind subse4uant evg-oric-3tinh
we foil that thorn na.' ba a poasibitity 'or a nf:•ativ3 eff'10t oa
air Cuelity in tt—s arca. We fowl this possibility ahnL+ld. be
•ildrassad throuph irvir onwent it as ';Ill.
3eo:1us3 'r) t1 a latitiomrs art ;u:t !tin it
lick the tic%nicai ar..a,r�iso to f1111y •livalo» 33:11 Of the
abov3 cono)rns jut :e foal that 1s :ibiL the environs+nt31 revisit
procel3 is lnt3ndod for. either to a.Isure that no or nininil
onvironnentll no'+ hive impact will be Pelt or to serve as a
possible airotsotor in those oia,es {h -)re hrrm could be ver7
sarious +fie can ►nd will b+ ha7py to provide further s<+tsrial
evidonee'in the way of Tpbotogr3?hs, signed 'iffid-%vits or testimony
upon ronuest. .Se hava r1an7 forthcoraing. At this point our sass
is tim3 critical bioin3e the Vontiostlo dity Zuuncil ihich :rill bo
the R.G.V. r+o beli'ave, is mistime i:ondiy, Jin 26 th and int,nls to
diil :ith tads wig tar +t tirat tirrs. For i variet7 of raaa3ns, ++e
ann't be ce tiin t',+t they fill os:lana is"1=n :or us to •,r*Sint
our c Ise.Ier7Py-•a -r3 ra.,u3ot 7 !ur mo it 'jr-.,int it ;r1Z1 is aineara
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R1 R2 R3 R4 PZ a1 132 B3 B4 1-1 E-2
Currant
Zonln Earliest Zone
Where Proposed
Usa ApPas's ae
e Permitted U.
Earliest Zone
Where Previous
Use Appears as
e Permitted Use
3-I IN A LAWFUL NON CONFORMING USE OF A STRUCTURE
OR PARCEL OF LAND MAY Be CHANGto 70 LESSEN
711E NO N-CONF0 RM
ITY OF USE. ONCE A NON-
CONFORMING ST RU C7 URE OR PARCEL OF LAND HAS
BEEN CHANGED, IT SHALL NOT THEREAFTER BE SO
ALTERED 10 INCREASE TIIE NON- C O N F O RMITY.
THE EXISTING NON -CONFORMING USE IS BEING CHANGED 10 LESSEN TIIE NON-CONFORMIIY OF USE.
R1 R2 R3 R4 PZ 131 B2 B3 m4 1-1 1-2
LESS CONFORMITY/LESS COMPATIBILITY I
1. CONFORMITY MEANS COMPLIANCE WI111 INTENT AND RULES OF ZONING ORDINANCE.
2. ZONING ORDINANCE IS INTENDED TO PROMOTE COMPATIBILITY OF USES.
CONFORMITY IS INTENDED TO PROMOTE COMPATIBILITY OF USES..
TWO KINDS OF CONFORMITY
1. QUANTITATIVE
E.G. ORDINANCE REQUIRES 30 FOOT FRONT YARD SETBACK, BUT EXISTING IIOUSE
ONLY 20 FEET BACK.
2. QUALITATIVE
E.G. SINGLE FAMILY HOME IN A B-4 TONE.
R 1 R2 R3 R4 PZ Si 62 B3 C4 1-1 I-2
LESS CONFORMITY/LESS COMPATIBILITY
1. CONFORMITY MEANS COMPLIANCE WITH INTENT AND RULES OF ZONING ORDINANCE.
r'
I. IUNINb ONVINANLE IS INTENDED TO PROMOTE COMPAIIBILIT'i OF USES.
.'. CONFORMITY IS INTENDED TO PROMOTE COMPATIBILITY OF USES...
TWO KINDS OF CONFORMITY
I. QUANTITATIVE
E.G. ORDINANCE REQUIRES 30 FOOT FRONT YARD SETBACK, BUT EXISTING HOUSE
ONLY 20 FEET BAck. ,
i. QUALITATIVE
E.G. SINGLE FAMILY NOME IN A B'4 ZONE.
(elk
S. All lighting shall be hooded and so directed
that the light source is not visible from
the public right-of-way or from an abutting
residence and shall be in compliance with Chapter 3.
Section 2 [R] of this Ordinance.
9. Vehicular access points shall be limited,
shall create a minimum of conflict with
through traffic movement and $hall be subject
to the approval of the City Engineer.
10. All signing and informational or visual
communication devices shall be in compliance
With Chapter 3, Section 9 of this Ordinance.
11. Provisions are made to control and reduce
noise.
12. The provisions of Chapter 22 of this Ordinance
ari-considered and satisfactorily met.
[C] MOTOR FUEL STATION, MOTOR FUEL STATION/CONVENIENCE
STORE, AUTO REPAIR -MINOR AND TIRE AND BATTERY
STORES AND SERVICE PROVIDED THAT:'
1. Regardless of Whether the dispensing, sale
or offering for sale of motor fuels and/or
oilrincidental(to the conduct of the use
or businno the standards and requirements
"Posea oy this Ordinance for Motor Fuel
Stations shall apply. These standards
and requirements are, however, in addition
to other requirements Which are imposed
for other uses of the property.
2. The architectural appearance and functional
plan of the building and site shall not
be so dissimilar tothe existing buildings
or area as to cause impairment in property
values or constitute a blighting influence
Within a'zeasonable distance of the lot.
3. The entire site other than that taken up
by a building, structure or plantings shall
be surfaced With a material to control
dust and drainage Which is subject to the
approval of the City Engineer.
4. A minimus lot area of twenty-two thousand
five hundred (22.500) square feet and minimus
lot dimensions of one hundred fifty (150)
feet by one hundred thirty (130) feet.
[CH] CONDITIONAL USE: A use, which may be appropriate to
the zone, but because of special problems of control
the use presents, requires reasonable, but special,
unusual and extraordinary limitations peculiar to the
use for the protection of the public welfare and the
integrity of the municipal land use plan.
[CI) CONDITIONAL USE PERMIT: A permit, issued by the Council
in accordance with procedures specified in this Ordinance,
as a flexibility device to enable the Council to assign
dimensions to a proposed use or conditions surrounding
it after consideration of adjacent uses and their functions
and the special problems which the proposed use presents.
[CJ] CONDOMINIUM: A multiple dwelling containing individually
owned dwelling units and jointly owned and shared areas
and facilities, which dwelling is subject to the provisions
of the Minnesota Condominium Lav, Minnesota Statutes,
Sections 515.01 to 515.19.
(CK] CONSTRUCTION SIGN: A non-Llluminated sign announcing
the names of architects, engineers, contractors, or
other individuals of firms involved with construction,
alteration, or repair ofa building (but not including
any advertisement of any product) or announcing the
character of the building enterprise, or the purpose
for which the building is intended.
[CL] CONVENIENCE FOOD ESTABLISHMENT: An establishment which
-exclusively serves food in or on disposal or edible
containers in individual services for consumption on
or off the premises.
[CM] CONVENIENCE STORE: A retail store not more than 4, 000
square last In area that generally carries a reduced
inventory of a variety of items such as dairy products,
auto fuels and lubricants and other minor automobile
s
lated items, groc novelties, magazines, ate
convanience store may be combined with a motorfIsation (sea defini on - Motor Fuel station/Coavanienceora). �E>ll 55/ VE
[CN] COOPERATIVE (HOUSING): A multiple family dwelling owned
and maintained by the residents. The entire structure and
real property in under common ownership as contrasted
to a condominium dwelling where individual unite:are under
separate. individual occupant ownership.
(CO] COURT: An unoccupied open space other than a yard whish
is bounded an two (2) or more sides by the walls of
the buildings.
(DA] DAY CME - HOME: A family dwelling in which foster
care, supervision and training for children of school
or pra-school age out of their own home is provided.
Council Minutes - 1/26/07
Consideration of an Application for a Conditional Use Permit to Dispense i
Automotive Fuel Incidental to a Principal Use.
At the January 13 Planning Commission meeting, the Planning Commission
recommended that the Council grant approval to the issuance of aI!
conditional use permit for the purpose of allowing dispensing of�I
automotive fuel incidental to a principal use, namely, a convenience
store. A convenience store was proposed by Mr. Tom Holthaus at the J.
old site of Charlie's West Liquor Lounge/Supper Club. The site in
question existed as a legal non -conforming use grandfathered in when
annexation occurred, and City ordinances do allow that this non -conforming I.
use could be lessened by converting the structure to a convenience
store. The conditional use permit was required not for the convenience I II
store principal use, but to allow for dispensing of automotive fuel
as part of the new use.
At the public hearing hold before the Planning Commission, substantial
public opposition was expressed concerning lighting, increased traffic,
and increased child pedestrian traffic because of its location near
an elementary school. The Planning Commission, after conclusion
of the public hearing, recommonded the approval of a conditional
use permit for dispensing of motor fuels be allowed provided certain
conditions were attached, including a detailed landscaping and screening
plan, hard surfacing of the parking lot area with proper curb and
gutter, a maximum of four fuel dispensing pumps be allowed, no dispensing
of fuels for trucks exceeding one ton, and hours of operation not
to exceed 5 a.m. to 11 p.m. daily.
Prior to the City Council mooting, area residents opposed to the
development submitted a petition to the Environmental Quality Board
requesting that an Environmental Assessment Workshoot be completed
on thin project. The petitioners indicated they felt the project
may have a significant harmful effect on the environment through
runoff, leakage, spillage, ooepago or other forma of tranafor of
contaminants from this project to the Mississippi River.
The City of Monticello wan notified by the Environmental Quality
Board that the petition woo received, and the Board named the City
of Monticello as the Responsible Governmental Unit. The Responsible
Governmental Unit has the requirement of evaluating the petition
to determine if the necessary evidence was presented that demonstrates
the project may have potential for significant environmental sffacte.
City Administrator Eidom informed the Council that at this meeting
the issue of the conditional use request for dispensing of motor
fuels should not be considered at this time, but tho main responsibility
of the Council would be to decide whether enough evidence wan presented
by the petitioners to raquiro an Environmental Assessment Workshoot7
or if not, the petition should be rejected. Mr. Eldam noted that
it the Council -a decision wan to reject the petition, the conditional
use request should be tabled for approximately 30 days to allow for
any party to appeal the Council's decision.
-a-
r�
Council Minutes - 1/26/87
Mr. Tom Holthaus briefly explained to the Council the proposed development
and a representative from Bennett petroleum Company briefly explained
to the Council how fuel tanks would be installed at the project.
The representative noted that many new safety features are incorporated
into underground storage tanks and that the State regulates the type
of tanks that can be installed in certain soil conditions. Mr. Bennett
noted that the area in question is quite sandy and very suitable
for this type of installation and that new methods such as double
wall construction and leak detectors, along with monitoring wells,
can be installed as extra precautions. In addition, he noted that
the tanks now being installed are epoxy coated and rust protected
and monitored by a cathodic system which indicates whether or not
rusting is occurring in a tank.
Mr. Myron Haldy, representing the petitioners, again voted their
opinion that possible environmental hazards could occur with the
site located near the Mississippi River. Mr. Haldy also noted that
previous Council action has been to turn down requests for multiple
housing in R-1 zones and felt that a gas station which is normally
required in a B-3 commercial zone should, therefore, not be considered
anywhere close to a conforming use in a residential area. Mr. Haldy
also referred to two other recent spills or leaks within the city
and felt that the risk was too great to allow additional underground
storage tanks.
Mayor Grimsmo questioned which two other leaks had occurred, and
it was determined that actual tank leakage had not been determined
but that a Standard Station in downtown Monticello had some contaminated
soil from 20-30 years worth of ground surface spillage. The second
site noted was the now Fire Hall Bite, which did have some contaminated
soil that was removed prior to the Fire flail construction. Thin
contamination was also probably caused from years of use an a bulk
oil storage facility. Cuu cilwumber Bill Fair also noted that previous
Council action to deny multiple family housing in an R-1 zone involved
a vacant piece of property and did not have to contend with an existing
non -conforming use that is being altered as in this case.
Councilmembor Fran Fair acknowledged the concerns of the potitionars
but questioned whether the City Council should be requiring a developer
to prepare an EAw for a project when other similar projects have
occurred and had never been required to prepare an EAw. Councilmember
Bill Fair noted that he did not fool this project could be considered
any more dangerous because of thin location than any other similar
typo project in Monticello. Ito noted that almost the entire City
drains eventually into the Mississippi River and didn't fool the
site location in question is anymore unique than any other area within
the City. He also noted that the petition refers to mainly speculations
about possible hazards that could occur because of the development
and that no real hard facto are presented to indicate this project
to unique. Councilmombor Blonlgan and Fran Fair, based on the information
presented, agreed that the petition did not morit an RAW. Councilmombor
Warren Smith noted that the Council should consider the petition
seriously but also abroad that he could not find any proof submitted
by the petitioners that this project is unique and will cause environmental
hazards or that the noise levels, traffic, or any other concerns
would justify an EAW in this development. Mayor Crimamo concurred
-5-
Council Minutes - 1/26/87
with other Council members and noted that traffic volume in the area
shouldn't increase because of the convenience store being located
there over a lounge/tavern or even additional single family housing.
He noted that the potential users of a convenience store would probably
be local residents in that area and that the traffic shouldn't increase
because of customers from other areas.
After thoroughly discussing the petition received, motion was made
by Bill Fair, seconded by Dan Blonigen, and unanimously carried to
deny the petition on the grounds that the petition failed to present
material evidence that would demonstrate because of its nature or
location of the project that the project has potential for significant
environmental effects. The petition concerning the environmental
effects was highly speculative, did not demonstrate how or why the
nature or location of this project was unique to consider the provisions
of an Environmental Assessment worksheet, and that the EPA and State
Fire Marshal regulate tank installation which should mitigate any
potential significant environmental effects.
In addition, a motion van made by Bill Fair, seconded by Fran Fair,
and unanimously carried to continue the conditional use request for
the dispensing of automotive fuels until March 23, 1987, Council
r: meeting to allow for 30 day period for an appeal to be filed in District
Court pertaining to this project.
B. consideration of Authorizing Final Payment on Citv Hall Ceiling Resurfacing
Lindberg Painting and Decorating has recently completed the interior
sealing of the roof decking and beams in the City Hall and requested
•f final payment be approved on the project.
Staff members noted that when the finish was applied with an eirleee
sprayer, a lot of overopray occurred on furniture, desks, registers,
electrical fixtures, along with windows and blinds, etc. Mr. Lindberg
has attempted to clean thin up but has currently not finished the
project, and the staff recommended that until the clean up is completed,
final payment should not be made. It was also noted that if Mr.
Lindberg is unable to complete the clean up, the City may have to
consider an outside firm to finish the clean up procedures. City
Administrator suggested that the Council give Lindberg Decorating
an opportunity to finish their clean up work before conaidoring other
alternatives.
Motion wan made by Bill Fair, seconded by Dan Blonigon, and unanimously
carried not to authorize final payment at this time but to allow
Lindberg's to attempt to clean the City Ball area first.
9. Consideration of Senior Citizen Cantor Director's Position.
Recently, the City Council has discussed the position of Senior Citizen
Center Director and whether the position in a part-time or full-time
l
Council Agenda - 3/23/87
7. Consideration of Granting a Conditional Use for the Operation of
a Convenience Store and the Dispensing of Motor Fuels Incidental
to that Convenience Store. Applicant, Thomas Holthaus. (T.E.)
A. REFERENCE AND BACKGROUND:
At the January 26, 1987, meeting you heard the initial presentation
on this conditional use proposal. At that meeting you were presented
with a petition calling for an environmental assessment worksheet.
The Council officially denied that petition stating that an Environmental
Assessment Worksheet (EAW) would not be required. In a separate
motion you continued the public hearing on the conditional use until
March 23, 1987, to allow for the filing in District Court of an appeal
of the Council's decision. The City Council -a decision not to require
an EAW was published in the EQB Monitor on February 9, 1987. The
30 -day window whore an appeal may be filed in District Court closed
on March 9, 1987. As of Monday, March 16, 1987, a telephone inquiry
with the Court Administrator in Buffalo indicated that no appeal
had bean filed. That being the case, it is now time to address the
issuance of a conditional use permit.
I refer you to your agenda supplement of January 26, 1987, where
detailed information regarding the proposal was presented. Significant
information was presented regarding the determination that the conversion
from a liquor establishment to a convenience store would be loosening
the non -conformity. This is a complex and intricate matter which
I will be glad to explain in greater detail with the use of visual
aids at the mooting. I will not defend the quality of the proposal,
or explain the proposal on the developer's behalf, but I will offer
the interpretation of the City Ordinance.
With the environmental question act aside, the question is now whether
or not to issue a conditional use for the dispensing of motor fuel
incidental to the operation of a convenience store. The operation
of the convenience store without motor fuels is pormitted under the
terms of the ordinance because it is loco nonconforming under the
terms of the ordinance than the previous use. Hance, the motor fuel
dispensing is the only issue in question. The Planning Commission
established conditions that should be attached. Certain conditions
aro established as a minimum in the text of the ordinance. Those
conditions must be attached by ordinance. The additional conditions
from the Planning Commission can either be loft intact or removed
at Council discretion. They may also be altered by the Council,
plus additional conditions can be attached.
One important note. A conditional use is a permitted use provided
that the conditions are mat. If the applicant agrees to abide by
any and all conditions (no long as they are not whimsical prohibitive
conditions), then the Council may not deny the application.
.. L
6
Council Agenda - 3/23/87
B. ALTERNATIVE ACTIONS:
1. Approve the conditional use as recommended by the Planning Commission.
2. Approve the conditional use attaching additional conditions and/or
amending the conditions submitted by the Planning Commission.
3. Deny the conditional use on substantive grounds demonstrating
findings of fact which will show the project to be harmful to
the area.
C. STAFF RECOMMENDATION:
Staff does not carry a specific recommendation beyond that of the
Planning Commission. It should be noted that the application is
in legal conformity with the ordinance.
D. SUPPORTING DATA:
Copy of the notice as published in the EQB Monitor; All other material
is included in your agenda supplement of January 26, 1987.
4
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
Wright County Public Works Building
( Route No. 1 - Box 97-B
Buffalo, Minnesota 55313
Jct. T.H. 25 and C. R. 738
Telephone (612) 682.3900
March 20, 1987
Gary Anderson, Building Official
City of Monticello
250 East Broadway
Monticello, MN 55362
Re: Land Use Change at Corner of CSAH 75
(Broadway) and Otter Creek Road
Dear Gary:
We have reviewed the above referenced land use change and offer the
following concerns and recommendations:
WAYNE A. FINGALSON. P.E.
COUNTY NIGH W AY ENGINEER
I. The land use change will result in a greater number of traffic
movements in and around the intersection of Otter Creek Road and CSAR
75 (Broadway St.). This is a concern since we have received
complaints about congestion in this area especially during active
school times.
The moat serious peoblem our Department has with this plan is the
proposed entrance/exit just East of Otter Creek. Road. This entrance,
in our opinion, is much too close (75 ft from entrance) to the
intersection of Otter Creek Rood and CSAR 75. The proposed entrance,
from a traffic standpoint, will increase the number of conflicts in
this area; will restrict eight distance for vehicles at Otter Crook
Road; and will cause greater driver indecision at this intersection.
Those factors will reduce the capacity at this intersection which is
already limited due to its skew. Due to the above ransoms our
Department cannot support an entrance at this location. Furthermore,
it would be in the best interest of the public (from a traffic
standpoint) if the westerly entrance could be eliminated altogether.
3. The remaining entraneo/oxit locations are well placed and our
Department supports these entrance locations.
4. Turn lance have become a standard practice for traffic generators on
high volume County Highways. The standard policy is to require turn
lance for improvement projects that moat the following guidelines:
a. Main road carrion more than 1,500 vohicloo/day.
b. Improvement project/devolopmanc will generate more than 40 tripe
par day.
b,
Cary Anderson
March 20, 1987
Page 2
Since it is anticipated that this will generate more than 40 vehicles
per day and that the ADT is about 5,000, we will be requiring the
installation of a right turn lane as part of this project (at no
expense to the County).
5. We have reviewed -the drainage of this project and find it adequate.
This completes our comments and concerns regarding the above referenced
project. If you have any questions concerning this please contact myself
or Dave Montebello of my staff.
Sincerely,
WaynePingalson
County] highway Engi er
pc: John Simola, Monticello Public Yorks Director
YAP/jas
J
yPETITION
LCSi•4tFit 1w' Ottor Creek Convenience Store.
Deocripeioa: the construction oC a convenience
store and a gas station.
RQtL' City of Monticello.
Alleged env ironnent el effects:contamination of
water, threatened wildlife, groundvater quality.
CAN NEED DECISION
The RGO assigned by EQB to act on a petition for
an CAN for the following project hoe made the
decision indicated:
• Otter Creek Convenience Stora --no CAW
needed
FINAL SIS ADEQOACI DECISIONS
The following EIB has been determined adequate by
either the RGD or the EOBi
• Elm Creek Planned Unit Development
EIS NEED DECISIONS
RGOs have determined that no EIS ie required for
the following projects, based on EAN: end
comments received on the SAN@. The date in
parentheses to the date on the Monitor notice of
the CAN.
• Edinburgh Shopping Center, Brooklyn Park
( 1 (8-151
• Roberts Bird Sanctuary, Mple. (12-11
• Glae rooter 9 ver Bridge Replacement,
Clearwater (11-17)
C
PCB -NOTICES
The MPGA proposes to issue 5 -year Certifications
of Exemption for PCB. The certificates will
allow Continued use of PCB with various controls,
inspections, and removal schedules.
DescriRUQ PCB (Polychlorinated biphenyl) is
used as flame resistant coolant end dielectric
fluid in power trenmformers and power capacitors.
These unite are located in buildings, in outdoor
power substations, end on utility po lee
throughout power distribution trees.
A2211"01=Po rtec - Pioneer Division, 3200 Como Avenue SE,
Minneap0 le, Minnesota (3 capacitors)
ARolicationa: may be viewed at the MPCA.
Comment Pe uod: 30 days, during which time
written comment: or bear inq requests may be
submitted to the MPG for consider a tion.
Contact: Edna Bernstein, Minnesota Pollution
Control Agency, 320 Lafayette Road, St. Paul, MN
55155. Phone 612/296-7365.
i�
J,
t.
7 ,
L
Council Minutes - 3/23/87
6. Consideration o dooting a Resolution Setting t ale of Tax Increment
Finance Bonds for 1&ImLpvements in Constructio ve Addition.
Mr. Jerry Shannon of Spring„ , Inc. a City's Bond Consultant,
reviewed with the Council the p d 5365,000 tax increment bond
issue necessary to finance th a tion Five Subdivision improvements.
The bond issue would run 17 ars, end ojec ted tax increments
from the Construction
F.
Subdivision ere en ated to be sufficient
to retire the bond out additional tax levies.
Motion was m by Fran Fair, seconded by Bill Fair, and itna usly
carried t dept a resolution calling for the sale of 5365,000 i
tax in ment bonds with bids receivable April 27, 1987. See Resolution 87-8.
7. Consideration of Granting a Conditional Use for the Operation of
a Convenience Store and th? Dispensing of Motor Fuels Incidental
to that Convenience Store. Applicant, Thomas Holthaus.
On January 13, the Planning Commission recommended that the City
Council grant. approval to the issuance of a conditional use permit
for the purposo of dispensing automotive fuel incidental to a principal
use, namely, a convenience store at the former Charlie's West Supper
Club on County Road 75. Additional conditions that were attached
by the Planning Commission included 1) a detailed landocaping/screening
plan would be required prior to a building permit being issued;
2) a full hard surfaced parking lot with proper curb and gutter and
sidewalks would be required; 3) prior to granting a certificate of
occupancy, money would be required in escrow to guarantee the full
completion of any landscaping, screening, and parking not yet completed;
4) the hours of operation would not exceed 5 a.m. to 11 p.m. daily;
5) only four fuel dispensing pumps would be allowed; 6) the dispensing
of motor fuels would not be allowed for automobiles and trucks over
one ton.
The City Council on January 26, 1967, woo presented with a petition
calling for an environmental assessment workshoot from the neighboring
residents on this project. The City Council at that mooting officially
denied the petition stating that an EAW would not be required. In
order to allow for the filing in District Court of any appeals on
the Council's decision not to require an EAW, the public hearing
was continued until March 23, 1987. Administrator Eidem noted to
the Council that the Court Administrator in Buffalo indicated that
no appeal had boon filed and thus the City Council was able to consider
the conditional use request.
In reviewing the proposed development plan for the convenience store
and gas station, the Wright County Highway Engineer, Wayne Fingaloon,
noted that problems existed with the driveway entrances off of County
Road 75 into the development as proposed. The County Highway Department's
main concern was that the proposed westerly driveway would be located
only 75 foot from the entrance of the existing Otter Crook Road and
would cause traffic problems. In addition, the County Engineer indicated
-2-
s
Council Minutes - 3/23/67
that a right turn lane on County Road 75 would be required into this
development, as it would generate more than 40 vehicles per day.
,
Administrator Eidem noted that Otter Creek Road currently connects
to County Road 75 at an angle, and the road could be realigned to
a 90 degree angle which would provide 90 feet between Otter Creek
Road and the entrance into the convenience store. This footage would
be acceptable by the County, but the proposed realignment of Otter
Creek Road would cost approximately $7,000, which the County would
not help pay for. Although the developer, Tom Holthaus, did not
feel the realignment of Otter Creek Road should be their responsibility,
they did indicate a willingness to share in the realignment cost
of 57,000 in an effort to avoid redeveloping their site plan. It
was estimated by the City Engineer that the establishment of o right
turn lane would cost approximately 52,000, which should be entirely
borne by the developers, as it is an access to their property.
As a result of the above discussion, motion was made by Bill Fair,
seconded by Fran. Fair, and unanimously carried to approve the issuance
of a conditional use permit for the dispensing of motor fuels provided
the six conditions recommended by the Planning Commission were adhered
to and that the developers pay 50 percent of the realignment of Otter
Crack Road cost and all of the right turn lane cost into the development.
The total estimated cost to the developer would be 55,500, and their
! share would be paid to the City with torms to be negotiated with
City staff.
R. Consideration of Adopting a Resolution Authorizing the Transfer df
the ble Franchise from Rito Cable of Minnesota to Jones Int able.
Rito Cab of Mlunaaota is proposing to transfer owners of the
cable systo o Jones -Intercable. The Cable Commissl has hold
public hearing the proposed transfer, and nego tions have taken
place regabe t ranchise_toa transferred, cluding some language
changes roquestad by as Intorcablo.'The C a Commiasion'o attorney,
Tom Creighton, ro:.Len that each City a ova the resolution
authorizing the transfer of cablo fr Ise contingent upon further
review by the attorneys as to th ang o changes requested.
As a result, a motion wasmade/by B 1 Fa socondaQ by Warren Smith,
snd unanimously carried to odop r000lutio thoriging the assignment
end transfor of the cable fro iso from Rito Ca of'Minnosota
to Jones Intorcablo. Soo R olution 87-9.
9. Consideration of a Roquyyft for a Ono Day Sot-up/3.2 Boor Licchoo
for Ducks Unlimited al/, a Ono Day 3.2 Off -Salo Boor License for�July SCh
Celebration - App iagnt, Monticello Lions Club. .�
Motion was made � Fran Fair, seconded by Warren Smith, and unanimously
csrriod to
ad/
vu the izonce of the one day temporary 3.2 Boor
and Sot -up •o neo Por Mey 11 and a one day 3.2 Boor License for
the July 5 col
ebrat
ion for the Lions Club Organization.
-3-
fl-
,
- — — - /�•' \ A rezoning request to rezone an R-1
(single familY residential) lot to
I S `
J s � P717 (performance zone mixed) zone.
A conditional use request to allow
�•a car wash in a PZM (performance zone
'xed) zone.
IDE MARKET
Ls
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l FAs � T .`r�Gl: � `r • ��
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NI��M'4Y r
Council Agenda - 3/12/90
L
Update: Status of Conditional Use permit which would allow
development of a carwash and dell at the site of the west Side
Market. Applicants: Tom Holthaus and Matt and Steve Holker.
(J.O.)
A. REFERENCE/BACKGROUND:
On March 6, 1990, the Planning Commission denied the rezoning
request that would have made the conditional use permit
possible. Because the rezoning request was not approved, the
Planning Commission did not conduct a public hearing on the
related conditional use permit request. Therefore, if Council
elects to rezone the property as requested, the conditional
use request must be remanded to the Planning Commission and
placed on the Planning Commission's April meeting agenda.
C
Council Agenda - 3/12/90
B. Consideration of a variance request to allow no curbing or
hard surfacing in certain areas of a drivina area and
loading/unloadino area. Applicant. Martie's Farm Service.
(G.A.)
A. REFERENCE AND BACKGROUND:
Mr. Russ Martie, co-owner of Martie's Farm Service, is
proposing a variance request to allow less than the minimum
requirements on the hard -surfacing requirement and the curbing
requirement in certain areas of the driving area and
loading/unloading area. As a minimum requirement of our
ordinance, all areas used for parking, loading/unloading, and
driving areas shall be hard surfaced and that they also have
concrete curbing around the perimeter of these areas. On the
site plan which Mr. Martie has submitted, he is showing a 12
foot by 66 foot lean-to area to the west of the proposed
warehouse building. This is an area which will be used for
covered storage of hay, straw, arid fence posts. One would
consider these to be products that a customer would be
purchasing from Martie's Farm Service, and this area should
also receive the hard surfacing and curbing up to the area of
the building. Also, on the easterly portion of the warehouse
building, Mr. Martie is proposing to install four overhead
doors. We are under the assumption that these overhead doors
are proposed to be used at some point in time. If they are
going to be used at any point in time for a product being
brought in or taken out of this warehouse area, then that area
also should receive hard surfacing and curbing around its
perimeter. Mr. Martie is also showing an area on the east
side of his loading/unloading area that is proposed to be a
gravel surface with no curbing around it. This is an area
that is needed for the semi -truck tractor to use for
manuovering purposes to back up to the loading/unloading dock
area. This area should also receive hard surfacing with
curbing around its perimeter. Being a major area for water
runoff, curb cuts should be looked at in the eastern -most
portion to lot the water go through this area.
There currently exists a driveway off of County Road 117, or
East Oakwood Drive, that Mr. Martio intends to use to allow
him access to his property. The use of this driveway would be
very intermittent, as the primary use would be off of the
driveway shown on Dundas Road.
Council Agenda - 3/12/90
The Planning Commission made a recommendation approving Mr.
Martie's variance request to allow no hard surfacing or
curbing around its perimeter in the area of the four overhead
doors which is located on the east side of the building. The
Planning Commission did, however, request that a gate be
installed going from the loading/unloading area into this area
on the east side of the building. They also approved the area
on the eastern -most portion of this loading/unloading area
where the semi -truck tractor would need to do its manuevering;
this area would not receive hard surfacing or curbing around
it. On the westerly lean-to building area the Planning
Commission denied Mr. Martie's variance request to allow no
curbing or hard surfacing of this with the exception that
curbing would be omitted on the south side of this area. The
area that would be omitted, approximately a 12 foot area,
would receive a gate to be installed in the area across it.
B. ALTERNATIVE ACTIONS:
1. To approve the variance request to allow no curbing or
hard surfacing in certain areas of a driving area and
loading/unloading area.
2. To deny the variance request to allow no curbing or hard
surfacing In certain areas of a driving area and
loading/unloading area.
C. STAFF RECOMMENDATION:
city Staff recommends denial of the variance request to allow
no curbing or hard surfacing in certain areas of a driving
area and loading/unloading area. The applicant has failed to
define the hardship that would be created by requiring hard
surfacing and curbing in certain areas of the site plan. If
Mr. Martie fully intends to utilize the driveway near the
southwest corner of his property, then the driveway entrance
should have a gate to limit the ingress and ogress out of this
driveway. The gravel -surfaced areas, shown south of the
existing west lean-to area and south of the existing area in
front of the four overhead doors on the east side of the
building, are to receive hard surfacing and curbing around
their perimeters when further development occurs and the need
arises to utilize these areas as such.
Council Agenda - 3/12/90
'I
The Monticello Planning Commission and the Monticello City
Council approved at a previous meeting the request of Martie's
Farm Service for tax increment financing for this project.
Their findings were that the proposed use of the land was
consistent with the Comprehensive Plan and the assumption was
that the development of a project on this land would also be
consistent with the Comprehensive Plan.
D. SUPPORTING DATA:
Copy of the location of the proposed variance request; Copy of
the site plan for the proposed variance request; Copy of the
Planning Commission's site plan recommendation; Copy of the
city staff's recommended site plan; Copy of the ordinance
section on curbing and hard surfacing requirements.
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PIARIIES FARM SERVICE REQUEST
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7 a& I PLANNING COMMIS51ON REC MMINDA11oN
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GATE
6:' (Ai RIrdI COUWiY NI6NWIY nlo. Jol
CITr STAFF R OMMF•NDATION
,
.70
C
C
c
TO INTERLOCK INTERLOCK
A:; -,LE MINIMUM MINI}:JX MINIMM
_ 30 49.6' 44.5' 40.3-
45 56.9' 53.4' 50.0-
60 62.0' 59.7' 57.4'
90 64.0' 64.0' 63.0'
Parallel Parking : Twenty-two (22) feet in length.
(f) No curb cut access shall exceed twenty-four (24)
feet in width.
(g) Curb cut openings and driveways shall
be at a minimum three (3) feet from
the side yard property line in residential
districts and five (5) feet from the
side yard lot line in business or
industrial districts.
(h) Driveway access curb openings on a
public street except for single, two
family and townhouse dwellings shall
not be located less than forty (40)
feet from one another.
(i) The grade elevation of any parking
area shall not exceed five (5) percent.
(j) Each property shall be allowed one (1) curb cut per
one hundred twenty-five (125) feet
of street frontage. All property
shall be entitled to at least one (t)
curb cut. Single family uses shall be limited
to ono (1) curb cut access per property.
(k) SURFACING: All areas intended to
be utilized for parking apace and
driveways shall be surfaced with materials
suitable to control dust and drainage.
Except in the case of single family
and two family dwellings, driveways
and stalls shall be surfaced with
six (6) inch class five baso and two (2)
inch bituminous topping or concrete
oquivolont. /Plans for surfacing end
drainage of driveways and stalls for
five (5) or more vehicles shall be
submitted to the City Engineer for
his review and the final drainage
plan shall be subject to his written
approval.
(1)
(1) STRIPIi1G: Except for single, two
family and townhouses, all parking
stalls shall be marked with white
painted linos not loss than four (4)
inches wide.
(m) LIGHTING: Any lighting used to illuminato
an off-street parking area shall be
eo arranged as to reflect the light
away from adjoining property, abutting
residential uses and public right-of-ways
and be in compliance with Chapter J,
Section 2. r01 anA rut — .ti4.* n w,.,.-....
(q) ALL DRIVEWAY ACCESS OPENINGS shall
require a culvert unless the lot is
served by storm sewer or is determined
unnecessary by Building Inspector.
Size of culvert shall be determined
by Building Inspector but shall be
a minimum of twelve (12) inches in
diameter.
(r) CURBING:
i. All commercial and industrial`
off-street parking areas and
driveways incommercial areas
shall have a six (6) inch nonsurmountable )
continuous concrete curb around I
the perimeter of the parking
area and drivewavts _ ..
ii. (All off-street parking in the`
I-1 and I-2 districts shall 1
have an insurmountable curb
_,-�
barrier, which, if not constructed
of six (6) inch continuous concrete
curbing, shall require prior
approval from the Planning Commission
and City Council-7-M-71 vaya
in the I-1 end I-2 districts
shall have a six i6y inch insurmeuntablo
continuous concrete curb along
its perimeter.
iii. All curb disigns and materials
shall be approved by the City
Engineer.
(E) MAINTENANCE: It shall be the joint and several
responsibility of the losses and owner of the
principal use, uses, or building to maintain
in aneat and adequate manner, the parking specs,
accesavays striping, landscaping, and required
fences.
(F) LOCATION: All accessory off-street parking
facilities required by this ordinance shall
be located and restricted as follows:
I. Required accessory off-street parking shall
be on the same lot under the came ownership
as the principal usa being served, except
under the provisions of Chapter 7, Section 5 (I).
2. Except for single, two family and townhouso
dwellings, heat!-in parking. directly off
of and adjacent to a public street, with
each stall having its own direct access
to the public stroot, shall be prohibited.
Council Agenda - 3/12/90
9. Consideration of reolacinq overhead doors at the Public Works
buildinq. (J.S.)
A. REFERENCE AND BACKGROUND:
The overhead doors at the Public Works building, which was
built in 1975, are in need of significant repairs. The doors
are of masonry construction and show the 15 years of
continuous use. The hardware and rollers are significantly
worn and two of the springs are currently being held together
with clamps.
in preparation for the replacement of these doors, we have
placed an amount of $4,500 in the 1990 budget. The Street
Superintendent solicited three quotes for the replacement of
the doors. Utilizing a steel ribbed, paneled door. The
quotes included new hardware and weather stripping. As of the
drafting of the agenda item, only two quotes were received.
Goo from Automatic Garage Door of Monticello for the amount of
$5,242 and an additional quote from Bitzer Garage Doors of
Monticello for $5,685. The doors come in only white or brown. Q
It is suggested that we use the white and if need be, paint
them at a later date.
B. ALTERNATIVE ACTION:
1. The first alternative is to replace the doors with the
steel ribbed doors from Automatic Garage Door Company for
the amount of $5,242.
2. The second alternative would be to replace the doors with
some other type of door, such as a steol flush door or
masonry door such as the original installation.
3. The third alternative would be to replace only the one
door that is totally ruined, and repair the other two
doors which may last a few more years.
4. The fourth alternative would be to do nothing.
C. RECOMMENDATION:
It is the recommendation of the Public Works Director and
Street Suporintondent that the City Council authorize a
replacement of the doors with the stool ribbed doors as
outlined in alternative 01. If the Council so favors the
stool flush door, we could obtain additional quotes for those
and report back to the Council at the next meeting.
Council Agenda - 3/12/90
SUPPORTING DATA:
Copies of the two quotes.
.. Proposal-
PUT- r —RTIC
lrGARAGE DOOR COMPANY
1280 Cedar St., Monticello. MN 55362
PA0PU51rl S.B.-ID 10
Ci Ly of MonLicello
"sou y
11. 0. Dox 1147
-City, SIATI AND ZIP COD#
_ Monitcello. Mo. 55362
AAC—ICI M11 Dr n+NS
W. hereby..bmu Spenhcehons and -1-1es lora
orrrec,era>".re
Wera S]eI
sr CLOUD
ouD iela M.119
•rse
®QuToi w;^ilC.
GARAGE ■ DOOR COMPANY
1280 Cent SI. Monticello, MN 55782
JIM FISCHER
Belies Rapreaentative
GARAGE DOORS A OPERATORS
FIREPLACES • ACCESSORIES A STONE
IOR NA•rl
City Garage
Rue Ilranux
West 39- Monticello
Removal of old doors (3-14'2" x 14') and preparation of opening.
Furnish and install 3-14'2" x 14' C24S6 Ribbed steel doors,
complete With:
24 gauge front. panel
26 gauge back panel
Polystyrene insulation
3" angle mount- standard radius i.rack
4-25" x 12" liLes per door
50,000 cycle heavy duty springs
Perimeter Weather stripping
RenLLnch operator
One year parts and labor Wnrranty
We Propose hereby ID tutnish malerinl and laWv—coniplete in accoidanre wdh above sprcd¢abNIs, for the wm of:
Flme Thgusnnd Two Ilundred I-ourLV-Two 00/100---------------- cionarslS 5,242.00 1,
Itirmem to 6 m.a. as 1.11.8•:
TERMS: NET THIRTY DAYS WITH APPROVED CREDIT. 14'2% INTEREST WILL BE CHARGED PER
MONTH ON ALL PAST DUE ACCOUNTS. THIS IS AN ANNUAL INTEREST RATE OF 18%.
A.
—:7'..... 1au•.•w1 .N la sa .• •pN �.,., Au Apt rA ti rMr b r • .v I•' _ •,s /
wrer le"waN. rnrr.• n •nn•renr ne.ul ,nw •1.p.. Arntnr,IM�`.�d4f
yen• �n.ehrN • i W ..•rMN owl. open ..nun Ne•n, •M wap eM Srltn.tu.e }���
••... e.•r •M`wew. IM .•I�mA1. Ae •a�•.m•nh rNrliM.q upon •r n J 1111 r 1 a�r
..IGI•M a•rpAe au'—w 0.— ra Is" %I., —.aa •ne al— AN•...'r, h polnul may DR
4y '.Yr• •l. MIs [wmM e. yM•m.i • Csepnulen rn•u�.N• su.Nr• N,Ihil—n hr ul a mA .rcepnM Nnhln 30 days,
Acceptance of Proposal - IM arra•, 1pacrlu.hm l
and condilwo are aay.laclory and ar• heletry accoplodruy ar. outtl-#ed S(natws 1
to do Ihs +da a speclbed, Paymanl .all be mads as oullined some,
&� utm•
Data of AcuplaMa:
P
DUOTATION
FROM
BITZER GARAGE DOORS
P.O. Box 1143
Monticello, MN 55362
TO
/• SS3GL
C' WE ARE PLEASED TO OUOTJJE ON YOUR INQUIRY AS FOLLOWS:
/ QUANTITY DESCRIPTION
INQUIRY NO
DATF
TERMS
DELIVERY -2-' --f5
PRICES QUOTED ARE FO.B.:
011e Ye.+r 144 hj %J. /%'I,r �:e�!'Iili lY
PRICE AMOUNT
-3' n. oo
/7yfiGc •� 3�'S�e'e�
l - /
( QUOTED BY: O
TOPS S FORM 3448 UTNO IN U 8,
1
Council Agenda - 3/12/90
10. Consideration of holdina annual Junk Amnesty Day on
June 2, 1990. (J -S)
A. REFERENCE AND BACKGROUND:
For the Fist, two years, the City of Monticello has organized
and held a Junk Amnesty Day for various household nonhazardous
wastes such as furniture, carpeting, appliances, scrap metal,
and other recyclables. We have recycled well over 100
appliances on each one of those days, and removed
approximately ten tons each time of other recyclables from the
waste stream. The program has been well supported by the
community and it has assisted us in cleaning up some blighted
areas that would not normally be cleaned up.
Our collection day, held at the community parking lot, is
operated with paid public works hourly employees and half
volunteer city staff employees. The cost of our operations on
our collection day have ranged from $2,882 to $3,595. We
expect the cost for the program this year to be slightly less
if the same amount of participation occurs. We have received
a quote from Appliance Recycling Centers of America which
would save us 408 on our disposal costs of appliances. In
addition, we are negotiating a price from Demcon Disposal at
the Yonak Landfill, which may be better than last year.
If the program is approved for this year, it is possible we
could use some additional volunteers. Some of the volunteers
from the last couple of years have a conflict with the date
this year, and we could use the additional help, or change the
date.
B. ALTERNATIVE ACTIONS:
1. The first alternative would be to authorize Junk Amnesty
Day to be hold on June 2, 1990, with an estimated cost of
$3,600.
2. The second alternative would be to select an alternate
date for Junk Amnesty Day, with an estimated cost of
$3,600. There are some probloms in May with Memorial Day
weekend, opening fishing weekend, and second fishing
weekend, and the construction of the Pinewood Playground.
This may not be applicable.
3. The third alternative would be to not approve the Junk
Amnesty Day.
Council Agenda - 3/12/90
C. STAFF RECOMMENDATION:
The staff recommendation is that the City Council authorize
Junk Amnesty Day as outlined in alternatives number one or
two.
D. SUPPORTING DATA:
Copy of summaries from past years; Quotes for appliance
recycling.
l
i
CITY OF HOWICELED
JUNK A?9BW Y DAY SUM MMM
June 11
June 3
1988
Cost
1989
Cost
Households 170
200 est
participating
8 of households 98
10.68
participating
Cubic yards 240
$1,400
230
$1,825
landfilled
White goods 105
$ 810
122
$1,220
Labor 4 pd/
.$ 612
3 pd/
$ 490
4 vol
4 vol
Public notices
$ 60
$ 60
TOTAL COST
$2,882
$3,595 '
RR#1f*ri##f##}f*RR*a#AraARfMaRr*fR##i#*rRRrf if*a#R•*fAaR►#►r►af •A
Cost/participating
$16.95
$17.98
household
Cost/overall household
$ 1.53
$ 1.90
afarfarf*Rfrrrlrfaa••►*rrraaf•►araf•►*rr►#fRrfrar►a#1r►►rfaraffrr
Recyclables
Auto batteries, units/tons
81/1.54
162/3.08
Scrap iron, tons
2.8
2.00
Tin, tons
1.32
0.03
Newspaper, tons
3.92
0.21
Glass s cans, tons
0.93
0.53
Scrap aluminum, tons
0.33
0.47
CMiscellaneous, tons
0.25
Used motor oil gal/ton
.250/1.00
740/3.09
WrAL 7CKS
11.84
9.65
PUBLIC NOTICE
CITY OF MONTICELLO WILL ACCEPT AND DISPOSE OF UNWANTED HOUSEHOLD
GOODS IN CONJUNCTION WITH 'JUNK AMNESTY DAY" - JUNE 11, 1988
PROGRAM PIRPOSE
To improve quality of Monticello neighborhoods by encouraging
proper disposal of materials that otherwise can become a public nuisance.
To reduce demands on landfill through recycling of eligible material.
To provide elderly and handicapped with assistance in disposing
of unwanted household items.
Materials eligible (as outlined below) mast be delivered to the
West side of the computer parking lot between the hours of
9:00 AM and 5:00 PM. Saturday, June 11, 1988. Senior Citizens and
the physically handicapped that need assistance should call
City Hall at 295-2711 for scheduling volunteers to pick-up
unwanted materials.
^lots: No hazardous wastes or car tires will be accepted
£ty.f
Program limited C0 Monticello residents only. Proof of residency required.
ELIGIBLE MATERIALS
The following is a list of matoriais that will be accepted and disposed or
of or recycled. All other material will not be accepted.
'SCRAP IRON, MOTOR OIL, ANTI -FREEZE. CAR BATTERIES, GLASS JARS
'CAR WiEELS (not tires), AND OTHER IRON CAR PARTS, NEWSPAPER, TiN CANS
HOUSEHOLD GOODS SUCH AS CARPET, FURNITURE. MATTRESSES, SMALL APPLIANCES
LARGE APPLIANCES ACCEPTED (Rofrig, Dryer, Etc.) - LIMiT 3 PER HOUSEHOLD
POLKA DOT RECYLCLING WILL PAY E.40 PER POUND FOR SCRAP ALUMINUM/BEV CANS
VOLUNTEERS ARE NEEDED TO ASSIST THE ELDERLY AND DISABLED
Individuals interested in &sainting the elderly and handicapped with
transporting matorials to the drop-off site can Call City Hall for
assignmonts - 295-2711.
Questions regarding this program can ba answorod by J&ff O'Neill - 295-2711
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< AMNESTY - ELDERLY AND HANDICAPPED INDIVIDUALS NEEDING ASSISTANCE
NAME 'ADDRESS PHONE LISf OF ITEMS 'LOCATION"BEST TIME
(FIND OUT ABOUT HEAVY ITEMS) OF ITEM FOR PICK -UI fo:
C4
JUNK AMJESTY DAY USER LIST - JUNE 11, 1999
TIME: (NAME/ADDRESS
�--- I ------------
RENIS:
I
I
I
APPLIANCE RECYCLING CENTERS of AMERICA, INC.
a
654UnnewtyAvonup 51. Poul M,nnasola SStOa (612)2914699 Fax(612)291-0774
• 1
February 12, 1990
T0, Recycling Coordinators v
FROM, Dutch Shults, Recycling !tanager
SUBJECT, Metro Area Community Clean-up Program
As you begin your planning for your Community Cleanup and
Recycling Programs in your community this spring, we would like
to let you know the kinds of services ARCA can provide to assist
you.
At Appliance Recycling Centers of America (ARCA), we provide a
full-service operation to recycle unwantcd hounchold arrliAnces,
including collection and processing. The appliances we handle
include stoves, refrigerators, freezers, dishwashers, trash
compactors, garbage disposals, furnaces, hot water heaters, air
conditions, humidifiern, dehumidifiers, dish washers, dryers and
l microwaves. At our appliance recycling center in St. Paul, we
recycle unwanted household appliances using an environmentally
sound process. The process includes, 1) the removal of
capacitors from appliance motors and safe disposal of the
polychlorinated biphenyls (PCBs), 2) the evacuation, cleaning and
reuse of the chlorofluorocarbons (CFCs), and 3) the shredding and
recycling of the metals in the appliances. we would arrange with
you to pick up the appliances from your designated collection
site on the date and time you specify. A minimum of ten
appliances are required per pick up.
The charge for collection and processing from your collection
site will be,
$6.00 per appliance for weekday pickup
$7.00 per appliance for Saturday pickup
The billing terms will be net, 10 days. We will also make
special arrangements if you have handicapped or elderly persons
who are unable to bring their appliances to the collection site.
Please contact me at 291-1699 to reserve your collection date and
to answer any questions you may have.
File, RC 1
1
WORKIN0F0nALIGWLRCNVIR0NA/CN7 { nawl(p Ov �aC+Q Ip MN
JJUS Appliance Disposal Inc. it
t 8980 Jefferson Tr., Inver Grove Hgts., MN 55075 jf
Telephone (612) 454-9215
MINN!}n[A 1990
COLLECTION PROGRAMS
A. (ELDERLY OR HANDICAP PICKUPS)
Method of Operation
1. For customers physically unable to remove units from their homes, J.R.'S will make arrangements to do
SO.
2. Payment will vary depending on city and customers house.
B. (PRIVATE INDIVIDUAL_ PICKUPS)
Method of Operation
1. Private inidividuals contacting our office directly, will receive appliance pickup on the next available day
scheduled for their city at the retail rate. (See brochure)
2. Payment will be at time of pickup, payment can be left in appliance.
C. (COMMERCIAL ACCOUNTS)
Method of Operation
1. upon notice horn you, the appliances aro picked up from your customoes location on the next available
day scheduled for that city. All appliances must be located outside near or on filo driveway. II your
customer calls us we will assume it is a private pickup, see (B) above.
2. Total amount will be billed on the first of each month. Your rate will be $5.00 less per appliance than the
private retail rate. (See brochure)
(Retail Rate) (Commercial Rate)
Examples: Bloomington $15.00 $10.00
Excelsior $20.00 $15.00
Please note this rata is intarnfod only as a guide. Your actual private fouling rates are at your discretion.
Prices may be subject to change duo to conditions beyond our control.
D. (AT YOUR SITE PICKUP)
Method of Operation
1. Appliances are slorod at your collection Sita, once thirty or Moro are oollociod, upon notice from you, we
will schedule a pickup for you. t
2. For commercial rates please call Ronal 454.9215. ` 0
• Printed on nocyctod Papor 1
/ J.R.'S APPLIANCE
i DISPOSAL, INC.
454-9215
REFRIGERATORS, FREEZERS, WASHERS, DRYERS, DISHWASHERS, RANGES,
MICROWAVE OVENS, RESIDENTIAL FURNACES, HOT WATER HEATERS,
AIR CONDITIONERS & DEHUMIDIFIERS
WE RECYCLE
RETAIL RATE
' $15.00
$20.00
$20.00
$20.00
$20.00
ARDEN HILLS
ALBERTVILLE
ROGERS
BROOKLYN PARK
ANDOVER
AFTON
BLOOMINGTON
BROOKLYN CENTER
BELLE PLAIN"
BUFFALO
T. MICIIAE
„��.
EDEN PRAIRIE
AN KA
BETHEL
APPLE VALLEY
BAYPORT
COLUMBIA HEIGHTS
CARVER
ST. BONI
HOPKINS
CAMBRIDGE
BIRCHWOOD
CRYSTAL
CHASKA
SHAKOPEE
LONG LAKE
ELAINE
EDINA
COLOGNE
SAVAGE
MAPLE GROVER
CITY
BURNSVILLE
FALCON HEIGHTS
C1IAMPLIN
SHOREW000
CINE LAKE
O CITY
JE
CENT ERVILLE
FRIDLEVCIIAIIIIASSE
SPRING PARK
SCIRCLE
PINES
GLEN LAKE
CORCORAN
TONKA BAY
�INNETO.NKA
OVER
COON RAPIDS
GOLDEN VALLEY
DAYTON
VICTORIA
TH
NGTON
COTTAGE GROVE
LAUDERDALE
DELANO
WACONIA
ATA
FOREST LANE
BELLWOOD
LITTLE CANADA
ELCO
ATERT NH
41EAGAN
MAPLEWOOD
W 1C
MPlE
INVER GROVE HIS
MENDOTA HEIGHTS
ENFIELD
WINS
NASTIN I
LAKE ELMO
MINNEAPOLIS
HA L
HUDSON
LAKELAND
MOUNDSVIEW
IIA VER
HUGO
LAKEVILLE
NEW BRIGHTON
J DAN
ISANTI
LEXINGTON
NEW HOPE
.STER PRAIRIE
LINDSTROM
LINO LAKES
NORTH OAKS
NSDALE
MARINE o” SIC OIX
MAHTOMEDI
NORTH ST. PAUL
RET10
NEW MARKET
NEWPORT
RICHFIELD
DINA
ILEW RICHMON
OAKDALE
ROBBINSDALE
LE PLAINS
NORTH BRAN
ROSEMOUNT
ROSEVILLEMI
`RISTA
ORTHFIEL
ST, PAUL PARK
ST. ANTHONY
MON LCL u
-
STILLWATER
ST. LOUIS PARK
MONT SE
PRESCOT
WILLERNIE
ST. PAUL
MOUND
PRINCEI N
WOODBURY
SHOREVIEW
NAVATUR:
RAMSF.
SOUTH ST. PAUL
NEW PRAG E
RIVE ALLS
SPAII40 LAKE PARK
NORWOOD
SCA IA
VADNAIS HEIGHTS
ORONO
ST. RANCIS
WEST ST. PAUL
PRIOR LAKE
S CY
WHIIC BEAR LAKE
YLORS FALLS
WYOMING
VERMILLION
ZIMMERMAN
TIM ABOVE ONLY A1111LIES IF AJ'PLL4NCE IS OUTSIDE ON DRIVEWAY LEVEL
f�
.4000'� JAUS Appliance Disposal Inc.
8980 Jefferson Tr., Inver Crove llgts., MN 55075
Telephone (612) 454-9215 V
MINN1101 I
As you know- freon Is a malor contributor to the iRolluflon of the ozone
IgM J.R.'S Appliance Disposal is now entering into a system of reclaiming a major
portion of the freon in junk appliances before disposal, and hope in the future to re-
claim all of the freon.
This process removes the freon from the old appliance, and is reclaimed and
filtered into a storage system which may be reused or disposed of properly. At this
time, this process exceeds all federal and state pollution requirements. Currently, we
are not charging for this valuable service. We feel it is an Innovative process which will
not only benefit our environment but also better serve our customers today for a
cleaner tomorrow.
J.R.'S Appliance Disposal has been recycling used appliances for the past
eighteen years. Recently, with the new environmental laws, J.R.'S Appliance Disposal
has been removing all PCB's before disposal.
We would like to hear from you if you have any questions or comments about
our system and service. Please feel free to call Ron or John Zeien at 454.9215.
ccllna Is a frenrendous task and will only be beneficial H we all ho/n each other.
Thank you.
Sincerely,
PO-"l-
ge_'L�
Ron Zeien
Vice President
C
• Plintod on nocyclod Papor
�o
Council Agenda - 3/12/90
11. Consideration of Hirinq Receptionist/Utility Billina Clerk.
(J.O.)
REFERENCE AND BACKGROUND:
As part of the 1990 budget setting process, Council reviewed
the need for development of a new clerical position and
subsequently directed staff to seek applicants for the
position of Receptionist/Utility Billing Clerk. Staff has
completed the selection process and is pleased to recommend
Wanda Kraemer for the position. Following is a review of the
selection process.
This was not an easy process! The City received 210
applications for the position. By the looks of the resumes,
it appeared that at least 35 of the applicants would have
performed well at the position. Narrowing the field was a
difficult task. Following are the criteria used In narrowing
the field:
High school education, previous computer
experience, Neat appearance of resume,
Receptionist experience (received added
weight), billing experience, word
processing experience, knowledge of local
government.
Karen Doty reviewed all applications and found 86 applicants
meeting the basic requirements of the position.
Jeff O'Neill reviewed the 86 applications and ranked them in
terms of the criteria noted above.
Based on the ranking, O'Neill selected the 16 top candidates
to receive a short interview. Of this list, two backed out of
the process and 14 individuals were interviewed. Jeff
O'Neill, Cathy Shuman, and Karon Doty participated In the
interview process which resulted In a list of four finalists.
Each of the four finalists were interviewed again by Lho same
group. Of course, the second interview was much longer and
dotal led. In addition, each applicant completed a typing and
math test. Please see the supplemental information for more
information on the selection process.
As a result of the interview process it became evident that a
selection could not be made until references were chocked.
O'Noill contacted two references for each leading candidate.
A11 of the references for each finalist worn very positive!
Council Agenda - 3/12/90
Wanda Kraemer rose to the top by virtue of her experience as
a receptionist for the City of Plymouth. The City of Plymouth
provided an excellent reference in two ways. First off, Wanda
received good reference indirectly when we learned that she
was rehired by the City of Plymouth as a receptionist in the
building inspection department after previously working for
the City as a receptionist for administration. Obviously, the
City of Plymouth liked Wanda's performance as a receptionist
for administration and therfore rehired Wanda when she moved
back into the area. Secondly, Wanda received an excellent
reference from two individuals that worked with her. She was
described as a congenial person and capable of relating well
to the public and she works well with other employees. In
addition, Wanda successfully completed a variety of projects
and works well under little supervision.
Wanda's municipal experience will allow her to adapt quickly
to her new environment.
Although it can not be a factor in the hiring decision, Wanda
Is a Monticello resident.
ALTERNATIVE ACTIONS:
Motion to authorize hiring of Wanda Kraemer for the
position of receptionist/utlity billing clerk at a salary
of $8.71 per hour.
Based on our comparable worth study adopted in 1986, this
position, adjusted for cost of living increases since
then, should have an eventual minimum wage of $9.68 and
hour. A new employee can be paid less than this during
the probation period and/or until they are determined
able to perfom the normal duties of the position
satisfactorily. In light of Wanda's previous municipal
experience, it is recommended that her initial wage be
sot at 909 of the minimum, or $8.71 an hour.
Wanda has been contacted regarding staff recommendation
to hire her. Wanda has informed staff that she will take
the position based on the salary amount.
Motion to deny authorization to hire Wanda Kraemer.
Direct staff to discuss position with another applicant,
or cease efforts to fill position.
Council Agenda - 3/12/90
If Council is not satisfied with Kraemer or the process
used in development of staff recommendation, then Council
may wish to direct staff accordingly. Also, if Council
has second thoughts about establishment of the position
as authorized during the budget process, then Council
should deny authorization.
RECOMMENDATION:
If Council remains committed to development of this position,
then staff recommends that Wanda Kraemer is hired. It is
staff's view that Wanda has the skills and aptitudes necessary
to fulfill the demands of the position. Wanda's success while
working for the City of Plymouth is a clear demonstration of
the potential for success in Monticello. We look forward to
working with her.
SUPPORTING DATA:
Wanda Kraemer's resume; Packet of materials used as part of
hiring process; Receptionist/Utility Billing position work
demand flow -chart.
I
WANDA KRAEMER
1009 Golf Course Road
Monticello. MN 55362
(G 12) 295-2733
Career Objective: To obtain employment that uUUzes my experience and sklUs
In a position of responsibility and advancement.
Work Experience: City of Plymouth - March 1989 to Present
3400 Plymouth Blvd., Plymouth, MN 55.341 - (612) 550-5033
Position: Development Services Clerk
Supervisor: Joe Ryon/Building Official
Ben Holmes Potato Co., Inc. - July 1988 to November 1988
17211 U.S. Highway 10. Big Lake. MN 55309 - (612) 263-6100
Position: Bookkeeping. Billing, Typing - Seasonal Position
Supervisor. Myron Jensen
State Bank of Blomkest - April 1985 to April 1988
Box 78. Blomkest. MN 56216 - (612) 995-6111
Position: Secretary to Bank President and Insurance Agent
Supervisor. Larry Knutson - Bank President
Ron Pool - Insurance Agent
City of Plymouth - September 1979 to July 1984
3400 Plymouth Blvd.. Plymouth. MN 55441 - (612) 550.5033
Position: Recepllonlsl/Admtnlstration
Supervisor. Judy McMillian
Electric Machinery - May 1977 to September 1979
800 Central Ave., Minneapolis. MN 55413
Position: Clerk In Marketing
Superv(sor: Marylee Brldenbecker
Offlee SklUs A,cqulred: Computer opera[Ing, word processing, schnluling building
Inspections, light bookkeeping. billing, data cimy, lyping.
legal documents. Invoices, correspondence, issued city
plumbing and healing permits. filed. completed insurance
forms, sorted and posted mail.
Working with Public: Received public and handled questions, answered pliones.
operated switchboard, assisted in elccUons.
Equipment: Unlsyss connputer system, 1325 Terminal Geobasc, Secretary Word
Processing (SWP) copiers, electronic lypewrllers, 10 -key calculators.
digital computers, switchboard, postage machines.
Other Related Responslbillties: High school library. Anoka Tech A1edia Center.
Owned and operated out -of -home day care facility.
Education: Anoka Vocational Tecluilcal Institute
Anokn-f Irnncpfn
/ Independent School District No. I 1
Anoka. Dlinnesom 55303
Program l Uear Dusbiess and Sales Degree
*References furnished upon request. f1
�mrg (��CL•7' CLCD. %�' :� ..�L
Rick
C
C
Cf
Math.
Neat
and/or
High
Previous
Previous
Appearance
Previous
School
Computer
Recept.
of Resume
Billing
WP
Gov't
Ed.
Exp.
Exp..
(no typo's)
_ Exp.
Exp.
_ Knowledge
Karan ^
yL
^
\
x
7<
Jeff
j
3/4&
Rick
C
C
Cf
INTERVIEW QUESTIONAIRE -- RECEPTIONIST/UTILITY BILL CLERK
Name:
1.
WELCOME - 2 minutes
Introduction
Jeff
Cathy
Karen
Short interview
Interviewing 16
Second interview planned
2.
Describe position
Receptionist
Utility Billing
Misc Typing/clerical
3.
What do you consider to be your
strengths?
C
4.
What did you like the most about
your previous or present
position?
5.
What did you like the least?
6.
(If time available) What do you
want us to remember about you
that would encourage us to
consider you for a second
interview?
C
11
CITY OF MONTICELLO
SKILLS TESTING
SCENARIO
Assume you are responsible for receptionist duties (phone and
walk-ins) and the utility billing system.
A customer brings their utility bill in to pay and also has
some questions about the increase in their bill. You have
started to help them when the phone rings. Explain how you
might respond to the customer.
The call is for someone else in the office who has stepped
out. Explain how you might respond to the person on the
phone.
Suppose the person on the phone has a question about their
utility bill. Explain how you might respond.
Someone else in the office comes up to ask you a question
while helping a customer. Explain how you might respond.
C
CITY OF MONTICELLO
SKILLS TESTING
SCENARIO
Assume you are responsible for receptionist duties (phone and
walk-ins), the utility billing system, and miscellaneous
clerical duties.
The meter reading books have been returned, and you are in the
process of entering meter readings into the computer in order
to process the bills. The executive secretary brings you a
document to type and states that it must be done within the
next 1-1/2 hours. Explain how you might handle the situation.
All miscellaneous clerical duties such as typing, filing,
etc., are to be distributed to you through the executive
secretary and not given to you directly by department heads.
Suppose the building official brings you some typing rather
than first giving it to the executive secretary. Explain how
you might handle this situation.
/ CITY OF MONTICELLO
l -
SKILLS TESTING
SCENERIO
Assume you are responsible for receptionist duties (phone and walk-
ins) and the utility billing system.
A customer walks in to discuss a question regarding his utility
bill.
It is a simple question with straight -forward answer;
however, the customer does not agree with City policy and
appears to be somewhat upset. Explain how you might handle
the situation.
2. It is a difficult question that City policy does not appear to
address directly, and you are not sure of the answer. The
customer is not unreasonable but wants an answer as soon as
possible. Explain how you might handle the situation.
3. It is a question that indirectly leads you to believe that the
person may have been under -billed for some period of time.
Explain how you might handle this situation.
You find yourself working closely with another City employee that
Is pleasant but sometimes negative and prone to criticism. How
would this affect you?
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C
Name:
CITY OF MONTICELLO
SKILLS TESTING
Calculate problems 1 through 4 based on the rate schedules below.
WATER
Meter Readinq Bill Calculation
first 500 cubic feet $6.00
501 to 4000 cubic feet .50 / 100 cubic feet
over 4000 cubic feet .30 / 100 cubic feet
SEWER
Meter Readinq Bill Calculation
first 500 cubic feet $10.00
over 500 cubic feet 1.515 / 100 cubic feet
MINNESOTA SALES TAX
6% of the water bill amount
1. The meter reading is 430 cubic feet. Calculate the water and
sewer bill.
Water
Sewer
2. The meter reading is 3000 cubic feet. Calculate the water and
sower bill.
water
Sewer
3. The motor reading Is 7500 cubic feet. Calculate the water and
sewer bill.
Water e
Sower
4. Calculate the Minnesota sales tax for the bill in (3).
Sales Tax
Please go to page 2 \k
City of Monticello
Skills Testing
Page 2
Determine how the monev would be receipted in problems 1, 2, and 3
usinq the account balances shown. Payments are applied to the
oldest bill first in this order: sewer, watir, garbage, sewer
penalty, water penalty, garbage penalty, sales tax. (NOTE: There
may not be an answer for every line indicated.)
ACCOUNT BALANCE I
1/1/90 BILL Water Sewer Garbage
15.00 39.24 7.00
Water Pen. Sewer Pen. Garb. Pen. Sales Tax
.00 .00 .00 .00
1. If payment received is $57.50, then payment applied is:
Water = Water Pen Tax =
Sewer = Sewer Pen Credit Balance =
Garb. = Garb. Pen
ACCOUNT BALANCE II
10/1/89 BILL Water Sewer Garbage
46.00 2.31 .00
Water Pen. Sewer Pen. Garb. Pen. Sales Tax
1.92 3.16 .00 2.76
1/1/90 BILL Water Sewer Garbage
52.00 121.19 .00
Water Pen. Sewer Pen. Garb. Pen. Sales Tax
.00 .00 .00 3.12
2. If payment received is $150.00, then payment applied is:
Water - Water Pon a Tax
Sewer - Sewer Pon a Credit Balance
Garb. a Garb. Pon e
3. If payment received is $250.00, then payment applied is:
Water - Water Pon - Tax
Sewer - Sewer Pon - Credit Balance
Garb. a Garb. Pon e
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CITY OF MONTICELLO
SKILLS TESTING
1. Usinq the City of Monticello letterhead paper located next to
the typewriter, retype the followinq document into a letter.
The mark, I, is used to separate parts of the openinq, the
closinq, and the columns. (You can use the reference books if
you so desire.) HINT: The sentences are in the correct
order. Insert the correct punctuation and grammar. Correct
any misspelled words.
date I mr j Stewart young 1 national fedaration of sales
executives 1 1820 trayne building I miami florida 10340 1 subject:
your georgia trip I dear mr young
when i left our georgia NFSE chapters know that you might be
willing to speak at one of they're dinners if they could plan their
meetings to fit your trip shcedule there response was wonderfull
from their seperate replies the following schedule been set up for
you
date 1 city, 1 audiance
may 30 1 atlanta 1 225
may 31 1 athens 1 150
June 1 1 macon 1 160
June 2 1 Columbus 1 175
June 3 1 augusta 1 100
if you approve this heavy schedule mr young we will move at once to
make proper arangements for you're transportashon and hotels i want
you to know that we done whatever is necesary to accomodate your
every wish
cordialy yours 1 humphrey n lambert 1 State NFSE chairman 1 hnl/urs
I cc chapter presodents 1 cc martin miller jr
2. Type the information from the attached sign permit application
on a blank form located next to the tyoewritor.
l
CITY OF VMTICELIA SIGN PERMIT APPLICATION
f.urarraaraaff+a+,rcraa•r•rrarr•Jrar1aaa••+ra+L•ar•+r+r•rrrarfffraraaarr•aaafa•++•fr•fr+�rr•+fr»•+
NAf4E �i/%Picii/ �Qa b fTi�/i Pi<ii�s BUSINESS �j%�•'ii�� C.,fA>r
-DDR-'SS/O/ Fi�l�d�o+1. ,,, PER""IT NUMBER
LEGAL
DESCRIPTION: LOT / i BLOCK S3 ADDITION
SQ FT OF FRONT SIGN AREA SQ F^- OF FRONT SILBOOE'1-'E AREA OF BLX
SQ FT OF SIDE SIGN AREA SQ FT OF SIDE SILEOUEPfE AREA OF BL`G
SQ PT OF REAR SIG! AREA SQ FT OF REAR SILHOUETTE AREA OF BLDG
SQ FT OF PYLON SIGN AREA SQ FT OF PORTABLE SIGN KRZA yQ
a••rFara••sar•rarr••a•++•..•...•.....•++a qrr ur+rrarr•a•f••arra•fr.•• •r•r•+rrara►•
INSTRUCTIONS TO APPLICANT
For new and existing buildings, provide the following infor.mation: location of existing
and proposed new signs an building or building lot. Show building front, side, or rear
dimensions and square footage. Show dimensions and square footage of building sign(s)
and/or pylon sign(s). Specify the use of each building and each major portion thereof.
PE_4')IT FEE "7, -. n Q
0 RECEIPT }
INDICATE NORTH IN CIRCLE Each graph square equals 1-0' cy 1-0'
I I . I I . I; H 11.1',
I/We certify that the proposed construction will conform to the dimensions and uses shown
above and that no changes will be made without first obtaining approval:
Signature of Applicant
r•rr••rr••aar a rru•••••ar•• ...•.........aaurrrr••a•rrrr•••a+••
(For City Use Only)
iCNED APPROVED BY DA -.z
NCTE:
r
! REFERENCE QUESTIONS
1. Length of time worked there?
2. Duties?
3. Responsibilities?
4. Able to take on projects and see them through to the end?
5. would you'•hire her again?
6. How would you describe her customer relation skills?
7. Any special projects completed?
8. Any general comments you would like to make about her job
performance?
C
•fa.at+.a.a.a.•arrffrra rr.rrrar.♦
•••• Incoming calls/Walk-ins •+++
I I I I
.►r.ea+a..aaaatara a.a.rra.aara.ra faaraaaraarrr..a
+ *PAT KOVICH * *DIANE JACOBSON*
+ Receptionist ' *Deputy Reg * *Deputy Reg
— • Utility Billing* +
• Admin Service • -Admin Service•
fra►ara.aaraaf•.a• •ararr•a...+a.r_ raafaar.rfarrrar
rrfrra.aaaarf+.rr
+CATHY SHUMAN '
•utility Billing*
*Supervisor •
•Computer system*
•operation +
faaa••ar•a.r.a.ar
a. •raaaaaaf.r.aaaaaar
RICK WOLFSTELLER 2.05•
*Administrator
a.•.f.arfa.a..aa.a.ar•
I
a.•..aa.a .f.•faa••r.r•
•GARY ANDERSON - 204
•Building Inspection
*Civil Defense
•a•aaaar.aaaa.a....aaa
.a••.aa..�•r•aaa.a••.
•MARLENE HELLMAN
•Financo/Accounting
aa.a.a•ara•.ra•ra..a.
c
•...r.a+a.aaaa..
*KAREN DOTY
*Executive Sec.*
*Admin services*
fa..ak.a.a.r.1r•
aa►aaarfalf.a..aa.•
•JEFF O'NEILL 203
•Assistant Admin •
•Comm Dev/Planning•
•Computer app dev.•
aat...••.raa•faf..a
a.a..•fl.a.►•.a.
-JOHN SIMOLA
-ROGER MACK
*MATT THEISEN
*Public Works
• OLLIE KOROPCHACK - 206 •
• Economic Development
• Housing and Redv Author*
\1
Council Agenda - 3/12/90
12. Consideration of Granting a Seasonal 3.2 Beer License to the
Monticello Softball Association. (R.W.)
A. REFERENCE AND BACKGROUND:
The Softball Association has again requested a 3.2 beer
license to sell at the softball fields. With the exception of
one year that we issued the license to the Jaycees, the
Softball Association has been the holder of this seasonal
license. The Softball Association will be presenting a letter
of intent to acquire dram shop liquor liability insurance, but
they cannot actually receive the insurance coverage until the
City approves issuing the license. As a result, the Council
can approve this license contingent upon receipt of the
Certificate of Insurance for liquor liability and the
appropriate fees, which will be $137.50.
B. ALTERNATIVE ACTIONS:
1. Grant the license contingent upon receipt of necessary
t insurance documents and fees.
r 2. Deny the license - Some rationale should be stated for
denial.
C. STAFF RECOMMENDATION:
Staff recommends that the license be granted, again contingent
upon proper insurance coverage being presented.
D. SUPPORTING DATA: (�/
None / \' \
I
Council Agenda - 3/12/90
13. Consideration of gambling license application renewals -
Monticello Javicees. (R.W.)
A. REFERENCE AND BACKGROUND:
The Monticello Jaycees have applied to the State Gambling
Control Board for renewal of their licenses to conduct
gambling at the 1) Best western Silver Fox Inn, and 2) the
Comfort Inn Motel.
If the City Council is not opposed to the State reissuing
these two licenses, no action is necessary by the Council
other than acknowledging receipt of the applications. If the
Council does not oppose the reissuance of these licenses, I
will notify the State that they can waive the 60 -day notice
requirement.
D. SUPPORTING DATA:
Copy of gambling license applications.
C
• t
Department of Revenue - Gaming Division
1
_s�
[j
For Board Use Only
(1�:4 Mall Station 3315
Paid Aran
c St. Paul, MN 55146.3315
(612) 297.5300
Chale No.
'N••r_�
Data:
V GAMBLING LICENSE
RENEWAL APPLICATION
LICENSE NUMBER: 0.12151.11) IEFF.OATE:
0)1))6! 1AMOUNT OF FEE: 1125.11
I. Applicant -Legal Name of Organ tuition
2. Street Address
JAYCEES I84TICEIto
Ba 47
1
3. City, State, Zip
4. County
5. Business Phone
Bentieelle. 11 $5162
Urloht
1 612 1 29$.2691
8. Name of Chief Executive Oakor
7. Business Phone
nn... r.„.. I'Mi, 1T w, IJ,,4-
( 6121
S. Name of Treasurer or Person Who Accounts for Revenues
B. Business Phone
Reaeld tehadins /1. nSn,Sr.
( 612 1
10. Name 01 Gambling Manager
11. Bond Number
12. Business Phone
Ues-bisod Y) )/,tA A'evse
5121017
1 612 1 2954MA/3,P
13, Name of Establishment Whore Gambling Will Take Place
14, County
15. No. of Active Mombers
(41fort ins Treeleau lee leaticell✓ r
Uri46t
IS
16. Lessor Name
17. Monthly Ronn
/a$uee92Ceefert Inc
III$
18 II Bingo will be conducted in this license. please specify days and
times of Bingo.
Days Times I I Des
Times 1
Dates Times
19. Has License ever been: ❑ Revoked Dale: n Suspended Date: r O Denied Date:
20. Have internal Controls been submitted provi6usly7 • 7 Yes D No (it 'No.' attach copy)
21. Has Current lease been bled with the board? 61 Yu p No (11 IN 1 attach COPY)
22_ Has current sketch been filed with the board? (WJ Yee CFl Nb (II'No; atlaCh Copy)
� a
GAMBLING SITE AUTHORIZATION
by my signsiure below, local taw enforcement officers Or agents of the Board are hereby authorized to enter upon the site, at any time, gambling Is
being Conducted, to observe the gambling and to enforce the law for any unsuthodzed game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Board Is hereby authorized to Inspecl the Dank records of the General Gambling Bank Account whenever necessary to.
lulhll requ4ements of Current gambling rules and law.
OATH
I hereby declare that:
1, I have read this application and aN Information submitted to the Board;
2. All information submitted Is true, accurate and complete•,
3. All other required Information has been fully disclosed;
4, I am [be Chief executive Officer of the organization;
5, 1 aasume full responsibility for the fair and lawful operation of all activities to be conducted;
B, 1 will familiarize myself with the laws of the State of Minnows respecting gambling and Ades of the board and agree. it licensed, to abode by those
laws and rules, including amendments thereto. ,
23. OtIK141 Legal Name-ofTgem2alon Sgnalura hist Executive Oliker) 0 Tills
�/)), )46o,C&,' JCyrees I � �S auL
J��1 — II
ACKNOWLEDGMENT OF NOTICE e; CAL OOYBRNINO 1900;
1 horeby acknowledge recelpl of a copy of this application. By acknaMedpkg receipt, 1 admit having been served with notice Nat 0116 application who
be reviewed by the Charitable Gambling Control Board and d approved by the Board. will beCome effOClNe 50 days from 94 dais of receipt (noted
below), unless a resolution of the local governing body N passed which specifically disallows such acdufly artd as Copy of that resolution 4 rec*NW by
the Chamable Gain” Control Board widen 60 days of Lha below noted date
C24 olyfCOunly lme LGoveimng (lady) Township It site b Located within a lawnsfvp, please complete Nome 24
and 25
66gnatufe of Per Receiving Appkcal on 25 &wlslure of Person Receiving Application
J Dale Received (this date bepinellogday period) Title;
1
Name of Person Datrvenntp Appkcatoblr to Local GdvVmng Body Township Name
CO 00022 01 (4 19) While Copy- Hoard Canary-Appkcant Pink -Local Govern" Body
6r ' +off Department of Revenue • Gaming Division
Mail Station 3315 1 '
Z sEI St. Paul, MN 55146.3315
; ► / (612) 287.5300
L�1w�
GAMBLING LICENSE RENEWAL APPLICATI01
LICENSE NUMBER: 8.17159-112 TEFF. DATE:
8111119
1. Applicant -Legal Name of Organization
2. StraitAddress
JAYCEES 111TICELl1
Bal 4
3. City, State, Zip
4. County
lanticello, 11 SS112
Yrla6t
6 Name of Chief Officer
•Executive
a -t
w4oce u, I lr21 'n i 7— i
B. Name of Treasurer or Person Who Accounts for Revenues
4ana6d4 AffHvr 0. 6SC1 i5✓>`c
10. Name of Gambling Manager
t I. Bond Number
.111"444en y2 ttieff
61211119
13. Name of Establishment Where Gambling Will Take Place
14. County
Best Waters Silver fox lenticelle
-Vis6t
16. Lessor Name
lest Western Silver fox lea
18, If Bingo wig be Conducted with this license, please specify days and times of Bingo,
For Board Use Only
Paid Amt:
Check No.
Date:
I AMOUNT OF FEE: 1125.11
S. Business Phone
( 612 1 295.2691
7. Business Phone _g4j-
1 612 1 tth=
B. Business Phone
( 812 )
12. Business Ptane
1 6121 tfs•26�i/s'�'
15. No. of Active Members
05
17. Monthly Rent:
1211
Days, Timm I Days. Times ,, I Oates Dimes
16. Has license over been: CI Revoked Date: /�� O Suspended Date: nit /H O Denied Oats: /L/Ip
20. Have internal controls been submitted prevlousW jirYes D No (if -NO.' attach copy)
21. Has current lease been fged with the board? J<Yu p.No attach copy)
22. Has current ekelth been filed with the bad? Wy No (II •No; attaCh Copy)
GAMBLING SITE AUTHORIZATION
L' 1 signature bold., local law enforcement officers or agents at the Board are hereby authorized to anter upon the alta, as any urns. gambling Is
being conducted, to oaarve the gambinnd and to enforce the law for any unauthorized game or practice.
BANK RECORDS AUTHORIZATION
By my signature below, the Bard is hereby authorized to Impact the bank records of the General Gambling Bank Account whenever necessary to
fulfill requirements of current gambling rules and low.
OATH
1 heretry declare that:
1, 1 have read this application and all Information Submitted t0 the Bard;
2 All information submtned is true, accurate end complete;
3. All other required Information has been fully dlKlosed;
1, 1 em the Chid exKNWa Officer of ilia organization:
6, 1 assume fug responsibility for the fair and lawful operation of a6 activities to be conducted:
0. 1 will familiarize myself with the laws of the State 01 Minnesota respecting gambling and hies of the bard and agree. It ticansed, to abbe by those
laws and rules, including amendments thereto.
23 Dugta1 Legal Name of Organization I Signature (Cole xacuGw Ilicsr)` f 11�
y) )eth�,Jl< [xylrrr-s -- ` � 7
gist_
ACKNOWLEDGEME T OF NOTICE BY LO AL GOVERNING 90DY
1 hereby acknOWWge receipt 010 Copy Of this appkal*n By acknowledging receipt, I edea having been salved with nolice that We appleatkat w11
be reviewed by the Charitable Gambkrng Control Board erd a approved by the Board. was become oBKilve 60 days from the ate of recelpl (noted
below), unless a resolution of the local governing body N passed wtkh apedlically drsalbwa such activity and a copy of the! resdkitlon Is received by
the Charitable Gambling CCotnol Board vithm 60 days of the below noted ale,
24 CnylCyunty Nam a ocat 99overmng�y) Township, 11 site Is located within a township, please complete items 24
r, ✓y vi w .TIICI�/u and 25
,-Signature 61 Person RKe,v�g Application ! 25 ltignature of Parson Receiving Application
�•.r%�/Ir�fi�/�r.. /90
Tilly �/ j koala RKNv1Q (siva Cars be" W ay pariod) Title
Is- _ gf Person Dekverrng Application to Local Governing Body Township Name
CG OD022 01 14111
While Copy hard Caary-Apiskanl
Pmk Local OoverMng Body
MONTICELLO JAYCEES CHAIRITABLE GAMBLING REPORT
COMFORT INN 6 SILVER FOX HOTELS
�- GROSS SALES PRIZES REIEPTS EXPENSES LOSS
LONG/SHORT State Approved
FEB. 89- 5289,957 $248.988 S38,121
JAN. 90
S17,164 $1,476
Sept. T.V.,OB ROOM 5400
Shirts punt6pass $200
Balls punt6pass S100
Oct. LIONS mental ill $500
KIDS Parade S200
Nov. Thanxgiving Bask S100
Dec. XMAS Baskets S255
JAN. HUMANE Society S500
Food SHELF 5200
Misc. Donations under SI00
for year total; $2,585
• TOTAL DONATIONS FOR YEAR: S12,540
• OPERATING CASH IN BOTHS $ 1,200
• Bad Chocks outstanding S 2,253
• AMOUNT IN ACCOUNTS S 3,988
If III,,Ve should be any Questions Please contact Diana or Myself
Res tfly S rtlltted,
Mar Kruse�G mbling Mgr.
Monticello nycees
518 E. River St. Monticello
295 - 3438
C
CHAIRITABLE DONATIONa
FEB.
JODI ZERWAS FUND $100
MN.JAYCEES $350
Pinewood play $500
MAR.
CHEM.FREE GRAD. $200
FASTER EGG HUNT 5200
ST.JUDES HOSP. S275
APR-
Ncholarship fund S 1,000
COMMUNITY ED $675
`+r. HENRYS $100
NURSING HOME BINGO $100
MAY
NPINAL CORD SOC. S500
:;AND BOX FILL S150
"OMMUNITY FEST.-S1,000
.111LY 4 CELEB.
June!
July
none
AUG.
PInewood Play $1,500
r1N,Make A Wish S550
Il,:cker PUNT&PASS $200
nwnrds punt6pass $100
S17,164 $1,476
Sept. T.V.,OB ROOM 5400
Shirts punt6pass $200
Balls punt6pass S100
Oct. LIONS mental ill $500
KIDS Parade S200
Nov. Thanxgiving Bask S100
Dec. XMAS Baskets S255
JAN. HUMANE Society S500
Food SHELF 5200
Misc. Donations under SI00
for year total; $2,585
• TOTAL DONATIONS FOR YEAR: S12,540
• OPERATING CASH IN BOTHS $ 1,200
• Bad Chocks outstanding S 2,253
• AMOUNT IN ACCOUNTS S 3,988
If III,,Ve should be any Questions Please contact Diana or Myself
Res tfly S rtlltted,
Mar Kruse�G mbling Mgr.
Monticello nycees
518 E. River St. Monticello
295 - 3438
C
Council Agenda - 3/12/90
14. Consideration of Liability Insurance Coveraqe Waiver of
Immunity.
A. REFERENCE AND BACKGROUND:
The City of Monticello's general insurance packages were up
for renewal March 7, 1990. The city has had most of our
insurance coverages through the League of Minnesota Cities
insurance trust which provides a $600,000 liability limit with
an additional one million dollars in excess liability
coverage. The reason the $600,000 liability coverage is the
standard coverage is that state statutes limit our liability
in most cases to this amount. As we have done in the past,
most cities do buy some excess liability coverage above the
$600,000.00 for added protection which we have normally done
in the amount of $1 million. Before we can obtain excess
liability coverage for 1990, the City Council must pass a
resolution indicating whether or not we are willing to waive
our immunity to statutory limits. If we waived our immunity,
we would be saying that, even though state statutes would
allow a claimant to only collect $600,000.00, we would be
willing to allow them to collect more, up to $1.6 million if
the claim was justified. In doing so, this will cost the city
more in premiums which doesn't make a lot of sense to do.
There are some reasons why it may be to our benefit to waive
this immunity in that there are certain claims that can be
made against the city that are not limited to $600,000.00.
These cases are very rare, and it is my recommendation that we
do not waive our immunity and expose ourselves to a greater
liability. You may want to read the enclosed memo from the
League which addresses the advantages and disadvantages of
this new option.
In regard to the amount of excess liability coverage, the city
has had in the past, $1 million in coverage and options are
available to increase this to $2 million, $3 million, or $5
million. Naturally, each increase costs more money and I am
of the position that, since most of our potential liability
claims are covered by statutory limits of $600,000.00, the $1
million additional coverage should normally be sufficient for
even those cases that are not covered by state limits. The
drawback to this assumption is that this $1.6 million coverage
is for all claims made against the city in one year.
Council Agenda - 3/12/90
In other words, if the city would be involved in lawsuits or
be liable for claims from three or four different individuals
totaling more than $1.6 million, it would be our
responsibility to pay the difference. It's really a matter of
how many potential $600,000.00 claims could be our
responsibility in a one year period of time, and it does seem
unlikely that we would be exposed to more than $1.6 million
total during any one year, although it could happen.
B. ALTERNATIVE ACTIONS:
1. Adopt a resolution not waiving the statutory limits on
tort liability established by the State of Minnesota.
2. Adopt a resolution waiving our statutory rights to the
limits established by the State and allowing coverages in
excess of $600,000.00 to be paid in liability cases.
C. STAFF RECOMMENDATION:
Since the State of Minnesota has set limits of exposure for
cities in most liability cases of $600,000.00, it seems to me
to be unwise to waive these rights and allow claims to be paid
or filed for more. By doing so, it will also increase our
premium rates and thus, it is the staff's recommendation that
alternative #1 be adopted not waiving our immunity. In regard
to the amount of excess coverage, I feel that $1 million
coverage should be sufficient but, if the Council would like
to provide for very rare and extreme cases of liability,
additional coverage could be purchased. Enclosed you will
find copies of the additional cost involved by increasing this
liability coverage.
D. SUPPORTING DATA:
Copy of League of Minnesota Cities memo on options available;
Copy of price quotations for different options.
t
183 University Ave. East
1�:7 T- — St. Paul, MN 55101.2526
League of Minnesota Cities (612)227.5600(FAX:221.0986)
December 1, 1989
To: LMCIT member cities
From: Peter Tritz
Re: New excess liability coverage options
The League of Minnesota Cities Insurance Trust now offers cities
two options in purchasing excess liability coverage:
- LMCIT now makes it possible for cities to obtain excess
coverage without waiving the statutory liability limit of
$600,000 per occurrence. Under this option, the higher
excess coverage limits would be available only for those
claims which are not covered by the statutory limits.
- Alternately, cities may choose to waive the statutory
liability limits to the extent of the excess liability
coverage purchased. Under this option, the higher
coverage limits would be available for all claims,
including claims covered by the statutory liability
limits.
Cost
The city's premium for excess coverage will be 15% lower if the
city chooses not to waivo the statutory monetary liability
limits. In addition overall rate levels for excess coverage
will be substantially below last yoar's levels.
Backqround
LMCIT's basic liability coverage provides limits of $600,000 per
occurrence. LMCIT also offers cities the option of an
additional $1 million, $3 million, or $5 million of liability
coverage limits. Since the statutes provide that cities and
city officials and employees can't be hold liable for amounts
over $600,000 per occurrence, city officials often ask why it
would over make sense to buy coverage limits higher than
$600,000. Thera are four basic kinds of reasons why a city
might choose to buy limits of coverage greater than the
statutory liability limits.
0
First, the city is exposed to some kinds of liability to which
the statutory limits either don't or might not apply. Some
possible examples are
- liability under the federal civil rights acts
- certain types of liability that the city has assumed
contractually, in an indemnification agreement for example
- liability for actions in another state; e.g. by a city
official attending a conference, or under a mutual aid
agreement with a political subdivision across the border
- liability for a zoning action under an 'inverse
condemnation" theory of law
Second, the city may buy higher limits because the underlying
coverage might not cover the full extent of the city's exposure
within the statutory liability limits in all cases. LMCIT
applies a $600,000 aggregate limit to the 'products liability",
the 'limited pollution', and the optional 'inverse condemnation"
coverages. This is an additional limit, besides the $600,000
per occurrence limit that applies to all liability coverage.
The annual limit is the maximum amount the policy will pay for
this kind of liability, regardless of the number of occurrences.
Thus, if part of the annual limit is used up in one occurrence,
there may not be adequate coverage limits available if there is
a second loss of that type. Excess coverage can help protect
against this risk.
(Annual aggregate limits are very common in conventional
commercial liability policies. Often the aggregate limit
applies to all liability, rather than being restricted to only
certain coverages as LMCIT's is. A similar problem can occur in
policies where defense costs are subject to the policy limit;
with that type of policy and a $600,000 per occurrence limit, if
you spend $50,000 on defense you wouldn't have enough limits to
cover the city's full exposure under the statute. LMCIT does
not apply a limit to defense costs.)
Third, the city may feel that the statutory limits aren't high
enough to provide adequate compensation for very serious
injuries, or for multiple parties. That is, the city might in
effect say 'wo want to have at least a million dollars (or three
million or five million, etc.) of coverage available, so that if
we injure somoono he won't go uncompensated if his injuries
really do exceed the statutory limits.'
Finally, the city might be concerned whether the statutory
liability limits will stand up in court. The statutory
liability limits have been upheld in two recent Minnesota
Supreme Court cases, so this is now less of a concern. However,
it is always difficult to predict the future course of court
decisions.
First, the city is exposed to some kinds of liability to which
the statutory limits either don't or might not apply. Some
possible examples are
- liability under the federal civil rights acts
- certain types of liability that the city has assumed
contractually, in an indemnification agreement for example
- liability for actions in another state; e.g. by a city
official attending a conference, or under a mutual aid
agreement with a political subdivision across the border
- liability for a zoning action under an "inverse
condemnation" theory of law
Second, the city may buy higher limits because the underlying
coverage might not cover the full extent of the city's exposure
within the statutory liability limits in all cases. LMCIT
applies a $600,000 aggregate limit to the "products liability",
the "limited pollution", and the optional "inverse condemnation"
coverages. This is an additional limit, besides the $600,000
per occurrence limit that applies to all liability coverage.
The annual limit .is the maximum amount the policy will pay for
this kind of liability, regardless of the number of occurrences.
Thus, if part of the annual limit is used up in one occurrence,
there may not be adequate coverage limits available if there is
a second loss of that type. Excess coverage can help protect
against this risk.
(Annual aggregate limits are very common in conventional
commercial liability policies. Often the aggregate limit
applies to all liability, rather than being restricted to only
certain coverages as LMCIT's is. A similar problem can occur in
policies where defense costs are subject to the policy limit;
with that type of policy and a $600,000 per occurrence limit, if
you spend $50,000 on defense you wouldn't have enough limits to
cover the city's full exposure under the statute. LMC1T does
not apply a limit to defense costs.)
Third, the city may feel thnt the statutory limits aren't high
enough to provide adequate compensation for very serious
injuries, or for multiple parties. That is, the city might in
effect say "We want to have at least a million dollars (or three
million or five million, etc.) of coverage available, so that if
we injure someone he won't go uncompensated if his injuries
really do exceed the statutory Limits."
Finally, the city might be concerned whether the statutory
liability limits will stand up in court. The statutory
liability limits have been upheld in two recent Minnesota
Supreme Court cases, so this is now less of a concern. However,
it is always difficult to predict the future course of court
decisions.
Thus, cities faced a dilemma: The city either had to buy
coverage limits equal to the statutory limits and bear the risk
of a larger claim that the statutory limits don't cover: or the
city could buy additional protection against those claims, but
by doing so expose itself to greater liability in the areas
where the statutory limits do apply, thereby losing the benefit
of those limits.
L4CIT's new approach to excess coverage eliminates that dilemma.
It is now possible for the city, if it wishes, to buy higher
limits of coverage where that protection may be needed, without
automatically waiving the statutory liability limits and losing
their protection where those limits apply.
What must the city do?
All L4CIT quotes for excess coverage will show the premiums for
both options. The decision to waive or not to waive the
statutory limits must be made by motion or resolution of the
City council. A form to show the council's choice is enclosed
with each quote. That form must be completed and returned to
LdCIT.
If the city indicates that it wishes to waive the liability
limits, L4CIT will issue a special endorsement as part of the
coverage document showing that the statutory liability limits
are waived to the extent of the coverage purchased.
1�
I
LLNCIT EXCESS LIABILITY COVERAGE
Cities obtaining excess coverage from the League of Minnesota
Cities Insurance Trust must decide whether or not to waive the
statutory liability limits to the extent of the excess coverage
purchased. This decision must be made by the city council.
CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS
FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE.
For further information, refer to the accompanying memo. City
officials may also want to discuss these issues with the city
attorney.
The City of accepts excess liability coverage
limits of $ from the League of Minnesota Cities
Insurance Trust.
Check one:
The city DOES NOT WAIVE the monetary limits on tort
mobility established by Minnesota Statutes 466.04.
- OR -
The city WAIVES the monetary limits on tort liability
established by Minnesota Statutes 466.04, to the extent of the
limits of the excess liability coverage obtained from the League
of Minnesota Cities Insurance Trust.
Date of city council meeting:
Signature:
Position:
Return this completed form to North Star Risk Services, 1401
West 76th St., Suite 500, Minneapolis, Mn. 55423.
C
n r— to = 11 VAtML)
f- r g 0 2 e 2 IjjAR 0 5 1990 �� North Star Risk vnices, Inc.
�I t-t0i R%' st 76th Stmt, Suiw 550
Fo: Lc r r rq h �'n C �R FRaM( �1 �� %inneaplis. Minncwtu 55423
C;{rTC
(612)961-8600 FA.0 (bi?)RGI-R(.ii
SUBJECT
DATE
EXCESS LIABILITY QUOTATION FOR THE CITY OF: 'Y✓JOni<�cr110 5�n / 7 U
Dear lon_,
Liability Limit: $1,000,000 or $2,000,000
Annual Premium With Waiver of Immunity: 9,073. 13.60 5', 15'?9c'
Annual Premium Without Waiver of Immunity: '7, 3 11,07'7, 1:,9,3.
Quotation Expires:
Follow Form Underlying Coverage as Scheduled
Special Exclusions: Child Molestation
Other Endorsements:
Remarks: An election form must
be completed, signed and returned
to us before the effective date
if coverage is desired.
n.Tc sicacD
' J( P b6 r_ to2
L
if
r+ort �ranZeZ RECEIvee:
fes t� r moron 2 en ear l s o Ytu} ^ R 0 5 0 �� Horth Star Risk Services, Inc.
1401 West 76th Street, Suite $So
Minneapolis, Minnesota 5542;
FOSTER, FRANZE CARL (612) 861.8600 FAX {612) 961-12{,43
SUBJECT —,b] 7e-¢ �a/T t,74jp. DATEEXCESS LIABILITY QUOTATION FOR THE CITY OF: ^Y//�- 3121,70 1 )n
- ro.o-
Oear —XOrx,
Liability Limit:
Annual Premium With Waiver of Immunity:
Annual Premium Without Waiver of Immunity:
Quotation Expires:
Follow Form
Special Exclusions:
t Other Endorsements:
Remarks:
DATE
C
$1,000,000 or 82,000,000 $ 3,000,000
1,230. 1,7%5. 2,geo
t, 000. 1,500. 21060.
..5 /a I qo
Underlying Coverage as Scheduled
Child Molestation
An election form must
be completed, signed and returned
to us before the effective date
if coverage is desired.
�htxrl K- y0 i
SIGNED
�chbi� Qlson_
Iq
k
Council Agenda - 3/12/90
15. Consideration of request for (1) day set-up/3.2 beer license
for Ducks Unlimited banquet and one (1) day 3.2 beer license
for July 1 Riverfest celebration - Lions Club. (R.W.)
A. REFERENCE AND BACKGROUND:
The Monticello Lions Club is again sponsoring the Ducks
Unlimited Banquet scheduled for May 7, 1990 to be held at the
Monticello Roller Rink. As in the past years, the Lions Club
requested a 3.2 beer license and a set-up license for the one
day banquet. The license fee for the two licenses would be
$35.
In addition to the Ducks Unlimited Banquet, the Lions Club
also requested a 3.2 beer license for the annual Riverfest
celebration to be held July 1, 1990. The license fee for this
event would be $10. There have been in the past no problems
associated with the issuance of either license. A Certificate
of Insurance showing the Lions Club has liquor liability
coverage will be required before the license is issued.
B. ALTERNATIVE ACTIONS:
1. Approve the licenses.
2. Deny the request for the licenses.
C. STAFF RECOMMENDATION:
It is the staff's recommendation that both license requests be
granted.
D. SUPPORTING DATA:
None. `�
March 9, 1990
Mr. Gary Anderson
Monticello City Hall
P.O. Box 1147
Monticello, MN 55362
Dear Gary:
Over the past three weeks I have had several contacts with the Wright County
Sheriff's Office regarding the criminal prosecution of the City nuisance
ordinances. While the County Attorney is not anxious to open a now field of
work for this office, he did indicate a willingness to explore county
prosecution. You should handle the matters as you have in the past as far as
the warning letters are concerned. If no response is obtained contact the
Sheriffla office for a deputy to tab charge the offender. For now restrict
those to be tabbed to motor vehicles, appliances, furniture, etc. Avoid tab
charging tumbled down buildings, sheds, etc. A new penalty clause should be
ndded to 7 1-1, Enclosed is a suggested amendment.
Yours truly,
Thomas D. Hayes
TDH/ncm 111
File No. 87-15969
Eno.
SMITH EI HAYES
IIOHTICeuO OP cite
ATTORNEYS AT LAW
LLA ANee OP1ICe
• 307 SOUTH WALNUT STREET
CINEMA PROFESSIONAL SLOG.
P.O. 90e SSS
GREGORY V. SMITH
E37 MAIN ST.. SUITE 103
` MONTICELLO. MINNESOTA SS]E3.0089
GARY L. PRINGLE 11040.19871
ELK RIVER, MINNESOTA 53]]0
THOMAS D. HAVES
.—c. Pr Ore I.I PI »e•]Im
OSP.CC PrOH[ le. el uI•feeo
RICHARD D. CLOUGH
RUTH E.KRONLOKKEN
March 9, 1990
Mr. Gary Anderson
Monticello City Hall
P.O. Box 1147
Monticello, MN 55362
Dear Gary:
Over the past three weeks I have had several contacts with the Wright County
Sheriff's Office regarding the criminal prosecution of the City nuisance
ordinances. While the County Attorney is not anxious to open a now field of
work for this office, he did indicate a willingness to explore county
prosecution. You should handle the matters as you have in the past as far as
the warning letters are concerned. If no response is obtained contact the
Sheriffla office for a deputy to tab charge the offender. For now restrict
those to be tabbed to motor vehicles, appliances, furniture, etc. Avoid tab
charging tumbled down buildings, sheds, etc. A new penalty clause should be
ndded to 7 1-1, Enclosed is a suggested amendment.
Yours truly,
Thomas D. Hayes
TDH/ncm 111
File No. 87-15969
Eno.
t
(A) No unwholesome substance, garbage, refuse, offal, or similar substances
shall be brought, deposited, left, dumped or allowed to accumulate within the
City. For purposes of this Section of the City Ordinances entitled "Public
Nuisances", refuse shall include but not limited to the following or similar
items stored or parked outside:
1) passenger automobiles, station wagons, trucks and other vehicles not
currently licensed (if applicable) by the State which are because of mechanical
deficiency incapable of movement under their own power;
2) passenger automobiles, station wagons, trucks and other vehicles which are
currently licensed by the State but because of mechanical deficiency incapable
of operation on a public street or highway under their own power or passenger
automobiles, station wagons, trucks and other vehicles which are capable of
operation under their own power but which are not currently licensed by the
State when stored or parked outside for more than 30 days; unless prior to the
expiration of the 30 days the owner of said vehicle petitions the City Council
for and the City Council grants an extension of the time limit on outside
storage; in reviewing such application the City Council shall consider: a) the
number of such vehicles stored on the petitioner's property; b) the condition of
the vehicles for which the extension is sought and the hazards posed by such
vehicles to public health and safety; c) the effect of said vehicles on
neighboring property and property owners;
3) household appliances such as but not limited to washJng machines, dryers,
refrigerators, stoves, freezers, television and radio sets, phonographs, and
similar Items, vehicle parts, old machinery, machinery parts, tires, tin cans,
bottles, building materials (unless cureent, building permit for their use is in
force), wood (unless used for fire wood and neatly stacked, metal or any other
material or case off material, and similar Stems.
/ , N tiT Qtcap n. �� y! N 0T V, I
LID..p 3
7-1-1 proposed amendment
(c) Any person who violates any of the provisions of this ordinance, 7-1-1
is guilty of a misdemeanor punishable by a fine of not more than $700.00 and by
imprisonment in the county jail of not more than 90 days.
C'