City Council Agenda Packet 04-23-1990AGENDA FOR THE MEETING OF THE CITY COUNCIL
Monday, April 23, 1990 - 7:00 p.m.
Mayor: Ken Maus
Council Members: Fran Fair, Shirley Anderson, Warren Smith, Dan
Blonigen
1.
2.
3.
4.
5.
b.
7.
8.
9.
10
11
12
Call to order.
Approval of minutes of the regular meeting held April 9, 1990. F(
Citizens comments/petitions, request, and complaints.
Consideration to adopt the final plat for Remmele Addition.
Consideration to approve the vacation of Fallon Avenue between
Chelsea Road and 1-94 and the vacation of drainage and utility
easements.
Review proposal to install and operate prototype furnace using
rubber products as fuel. No formal action requested --review
only.
Consideration of preliminary pian to develop shopping mall
connected to and extending east of Maus Foods. Plan requires
that Cedar Street be vacated and Palm Street be opened.
Public hearing - Condsideration of amendment to off-street
parking requirements for theaters.
Public hearing - Consideration of ordinance amendment which
would allow theaters to utilize joint off-street parking
facilities located within (500) five hundred feet of theater.
Public hearing - Consideration of conditional use permit
allowing the Monticello Theater to use certain public parking
areas as "joint parking".
Public hearing - Variance request which would allow more than
50 percent of the off-street parking for the Monticello
Theater Addition to be supplied by a joint parking facility.
Consideration of a resolution approving plans and
specifications and authorizing advertisement for bide --7th
Street improvement project.
Consideration of log structure for Ellison Park.
Consideration of resolution approving the sale and transfer of
ownership in cable system and transfer of the cable franchise
of Jones Intercable to FON Cablovision.
Council Agenda
April 23, 1990
Page 2
15. Consideration of resolution amending the Sherburne/Wright
County Cable Communications Commission's Joint and cooperative
agreement.
16. Consideration of hiring a Municipal Construction Inspector for
the City of Monticello.
17. Consideration of hiring a Water/Collection Systems Operator to
fill existing vacancy.
18. Consideration of proclaiming May 6-12, "Drinking Water Week".
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MINUTES
REGULAR MEETING -'MONTICELLO CITY COUNCIL
Monday, April 9, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley
Anderson, Dan Blonigen
Members Absent: None
Approval of minutes.
In item N4, the motion was amended as follows: Motion was
made by Fran Fair, seconded by Shirley Anderson, to affirm the
approval and adoption of the TIF plans relating to
Redevelopment Plan No. 1, modification of TIF Redevelopment
District Plan No. 1-.1 through 1-0. and establishment of TIF
Districts 1-9 and 1-11. Motion carried unanimously.
Item /11 should be amended to include Dan Blonigen voting in
favor of the proposed amendment to the public nuisance
ordinance.
Motion was then made by Dan Blonigen, seconded by Shirley
Anderson, to approve the meeting minutes as corrected. Motion
carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
Public hearina 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 Financinq District Nos. 1-1 throuqh 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
relatinq thereto (Remmele TIF plan).
Mayor Maus opened the public hearing. Larry Griffith,
representing Rommelo Engineering, reported to Council that
progress has been made on acquisition of the property now
owned by Jim Boyle and needed as part of the dovolopricnt.
Griffith could not report, however, that the property is in
hand at this timo. However., a verbal agreement has boon
reached, and It appears that with the completion of the
necessary paperwork, the transaction should be complete in tho
/ very near future. Griffith was confidant that the
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Council Minutes - 4/9/90
transaction will occur. Griffith went on to ask that the
Council take action to modify and adopt the TIF plan as
proposed and approve the preliminary plat and then table the
consideration of vacating Fallon Avenue street and utilities
until the land transaction has occurred.
Pat Pelstring explained why the tax increment financing plan
was changed from a redevelopment district to an economic
development district. Pelstring informed Council that there
was a concern that although the project qualified technically
as a redevelopment project, it may in reality not meet the
spirit of the goals of a redevelopment project and might more
aptly be assigned economic development district status.
Changing the project designation from redevelopment to
economic development district status reduces the City's
ability to utilize excess increments for future public
improvements in the area.
There being no comments from the public, the public hearing
was closed.
After discussion, a motion was made by Fran Fair, seconded by
Shirley Anderson, 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 and modification of the tax
increment financing plans relating to the Tax Increment
Financing District Nos. 1-1 through 1-9, and the establishment
of Tax Increment Financinq District 1-10, all located within
Redevelopment Project No. 1, and the approval and adoption of
the tax increment financing plan relating thereto. Motion
carried unanimously. SEE RESOLUTION 90-17•
5. Consideration of approvinq preliminary and final plat--Remmele
Addition.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to approve the preliminary plat of
the Remmele Addition with final plat approval to be considered
at a subsequent meeting. Motion carried unanimously.
5a. Public hearinq - Consideration of vacation of Fallon Avenue
between Chelsea Road and I-94 and consideration of vacation of
utility easements.
Mayor Maus opened the public hearing. There being no comments
from the public, the public hearing was closed.
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Council Minutes - 4/9/90
Motion was made by Shirley Anderson, seconded by Dan Blonigen,
to table the decision to vacate Fallon Avenue between Chelsea
Road and I-94 and table consideration of vacation of
associated utility easements. Motion carried unanimously.
Motion was made by Dan Blonigen, seconded by Warren Smith, to
agree to purchase the Remmele Addition Outlet B at the same
purchase price that Remmele pays for the land purchased by Jim
Boyle. Motion carried unanimously.
Consideration of a conditional use request to allow a car wash
in a PZM zone. Applicant, Dean Hoqlund and Ken Schwartz.
Assistant Administrator O'Neill reviewed the site plan which
calls for development of a four -bay car wash in a PZM zone.
O'Neill reviewed the Planning Commission's recommendation that
the conditional use permit be granted subject to conditions
listed by ordinance and subject to additional conditions.
After discussion, a motion was made by Fran Fair, seconded by
Shirley Anderson, to grant the conditional use permit as
requested subject to the following conditions:
1. The architectural appearance and functional plan of
the building and site shall not be so dissimilar to
the existing buildings or area as to cause
Impairment in property values or constitute a
blighting influence within a reasonable distance of
the lot.
2. Magazining or stacking space is constructed to
accommodate that number of vehicles which can be
washed during a maximum thirty (30) minute period
and shall be subject to the approval of the City
Engineer.
3. At the boundaries of a residential district, a
strip of not less than five (5) feet shall be
landscaped and screened in compliance with
Chapter 3, Section 2 [G], of this ordinance.
4. Each light standard island and all islands in the
parking lot landscaped or covered.
5. Parking or car magazine storage apace shall be
screened from view of abutting residential
districts in compliance with Chapter 3,
Section 2 [G), of this ordinance.
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Council Minutes - 4/9/90
6. The entire area other than occupied by the
buildings or plantings shall be surfaced with
material which will control dust and drainage which
is subject to the approval of the City Engineer.
7. The entire area shall have a drainage system which
is subject to the approval of the City Engineer.
8. 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 [H], of this ordinance.
9. Vehicular access points shall be limited, shall
create a minimum of conflict with through traffic
movement, and shall 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 are
considered and satisfactorily met.
13. Car wash facility shall have direct access to major
thoroughfare via driveway or frontage road.
14. Intermittent sounds produced by car wash operation
such as the sound of a vacuum or warning signal
shall not be audible to users of adjoining PZM or
residential properties.
15. Carwash bay doors facing residential aroas must bo
closed during all car wash phases.
16. Hours of operation shall fall within tho hours of
6:00 AM to 10:00 PM.
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Council Minutes - 4/9/90
17. A screening fence and/or landscape plantings shall
be established in the area between the end of the
existing garage and the corner of the property in a
manner that will properly screen the car wash
activity from the residential area. Staff to work
with developer toward finalizing the screening
requirement.
18. A parking island delineator shall be installed in
conjunction with the future commercial development
of the adjoining parcel to the west of the car wash
site. In the interim, a fence shall be installed
along the property line, thereby eliminating access
to the adjoining parcel.
Motion based on the finding that the development is consistent
with the geography and character of the area, and the
conditions as listed will serve to mitigate a negative impact
on adjoining residential and commercial properties. Motion
carried unanimously.
Consideration of a resolution approvinq plans and
specifications and authorizing advertisement for bids --Meadows
Second Addition, phase II.
After discussion, motion was made by Warren Smith, seconded by
Dan Blonigen, to adopt said resolution. Motion carried
unanimously. SEE RESOLUTION 90-14.
Consideration of a resolution establishinq Minnesota Earth Day
1990.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to adopt a resolution establishing Minnesota
Earth Day 1990 and direct staff to send Invitations to
organizations that may want to got involved in a river cleanup
project. Staff should indicate to organizations that the City
will provide dump trucks and will pay for garbage hauling
costs associated with any river cleanup. Motion carried
unanimously. SEE RESOLUTION 90-15.
Consideration of adoptinq personnel policy and procedural
manual.
City Council reviewed the changes made to the first draft of
the personnel policy and procedural manual.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigon, to adopt the now personnel policy
and procedural manual as modified. Motion carried
unanimously.
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Council Minutes - 4/9/90
10. Consideration of ratifying library board appointment.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to ratify the appointment of Rebecca Tesinski to
fill the vacancy on the library board for a three-year term.
Motion carried unanimously.
11. Consideration of turn back or sale of excess riqht-of-way
alonq the service drive of East County Road 39.
John Simola presented information regarding turn back of
unneeded right of way along the new service drive, or Old
County Road 39, near the Riverroad Plaza. John stated that
according to an agreement with Curt and Annamae Hoglund, the
City would turn back at no cost to them the unneeded right-of-
way along Lots 5 and 6 of MacArlund Plaza this included
approximately five feet of right-of-way, but also included the
major portion of the old site distance of County Road 39 on
which the propane tank for the Riverroad Plaza is currently
located. John also presented options for the turn back or
sale of unneeded right of way along the remaining portions of
the service drive.
After discussion of the options, a motion way made by Fran
Fair to turn back the five feet of unneeded right of way
between Lot 5 of MacArlund Plaza and Lot 19 of the Hoglund
Addition at cost of transfer if the adjoining wish to have the
additional right-of-way. For the remaining Lots, 1-4, and 19
of Hoglund Addition, the property would he offered for sale at
a cost of 25 cents per square foot to a single purchaser or
Individual purchasers providing all pieces were purchased.
The buyer would pay for the cost of transfer. The motion was
seconded by Shirley Anderson and the motion passed
unanimously. John Simola was instructed to contact the
affected property owners individually or through a
neighborhood meeting.
12. Consideration of shelter for Ellison Park.
Council discussed the potential location of the proposed
shelter.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to locate the structure at or near the present
location of the merry-go-round. Voting in favor of the
motion: Fran Fair, warren Smith, Dan Blonigen, Ken Maus.
opposed: Shirley Anderson. Anderson indicated support for
the shelter. She noted that she preferred that the shelter be
located closer to the parking area.
At this point, Council discussed shelter design issues.
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Council Minutes - 4/9/90
After discussion, the consensus was to focus on development of
a plan utilizing the log design. Final design approval will
be made after development and review of more detailed drawings
and sketches.
13. Consideration of ordinance amendment --public nuisance.
City Administrator, Rick Wolfsteller, requested that Council
consider amendments to the public nuisance ordinance that
would eliminate confusing language in our present ordinance.
Wolfsteller noted that the basic conflicting language can be
found in 7-1-1 (H) which had indicated that property owners
had 14 days to correct violations. An additional ordinance
amendment adopted in 1989 under Section 7-1-4, Enforcement,
conflicts by allowing only 7 days to correct violations which
was intended to pertain to weeds and grass abatement. In
order to simplify the ordinance, it is recommended that the
ordinance amendment be adopted that would eliminate Section
7-1-1 (H) and amend the enforcement section to specify that 7
days is the time allowed to correct any deficiencies
concerning grass and weed abatement and 10 days for all other
violations of the public nuisance ordinance.
In a related matter, Council and staff discussed the value of
sending notices to public nuisance ordinance violators via
regular mail versus certified mail. It was the consensus of
Council to refer this matter to the City Attorney and follow
his advice regarding this issue. It was Ken Maus's concern
that sendinq a notice via uncertified mail allows the violator
to simply claim that he never received the notice. It may be
wise to send all public nuisance violation notices via
certified mail.
After discussion, motion was made by Dan 8lonigen, seconded by
Shirley Anderson, to adopt the ordinance amendment as
proposed. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 185.
14. Update on hlrinq City Inspector.
John Simola reported that staff has ro-advertised for the City
Inspector position with a closing date of April 17, 1990, to
coincide with the deadline date of the advertisement for the
Wator/Wastewater Collection System Operator position. Simola
noted to Council that the applicants for the position of City
Inspector did not possess qualifications that matched the
demands of the position; therefore, the position opening was
ro-advertised.
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Assistant Administrator O'Neill submitted a summary of the
meeting held with the Balboul Estates, Anders Wilhelm Estates,
and Meadows residents on Monday, April 2, 1990. O'Neill
reviewed the various items that concerned the area residents
and outlined the list of potential corrective actions designed
to improve the situation. O'Neill went on to report to
Council that a follow-up meeting will be held in 90 days to
determine to what degree the corrective action has made an
impact on the situation.
City Council discussed the Pinewood Elementary School
playground project. Administrator Wolfsteller noted that the
committee organizing the play structure development effort
requested that Council consider waiving the normal building
permit fee of approximately $900.
After discussion, motion was made by Warren Smith, seconded by
Fran Fair, to waive the normal fee. Voting in favor of the
motion: Warren Smith, Fran Fair, Shirley Anderson, Ken Maus.
Opposed: Dan Blonigen.
Administrator Wolfsteller and 011ie Koropchak submitted
information regarding the first Greater Monticello Enterprise
Fund loan. Wolfsteller noted that Council has 21 days to
overrule the action taken by the Economic Development
Authority to approve the proposed $100,000 companion direct
loan to Tappers, Inc. Wolfsteller went on to inform Council
that the loan proposal met the guidelines of the Greater
Monticello F.nterprlsA Fund hernusn 1) Toppers, inc., is a
credit worthy business that will create now jobs; 2) it is a
credit worthy business that increases the community tax base
by $27,000; 3) it Is assistance to an existing industrial
business expanding and relocating their operation to
Monticello; 4) the loan provides gap funding. The project
would not proceed without GMEF funding; 5) it provides funds
for economic development that could be used to assist in
obtaining other funds such as Small Business Administration
loans and federal and state grants.
There being no further discussion, meeting adjourned.
Jeff�O!Noi11
Assistant Administrator
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Council Agenda - 4/23/90
4. Consideration to adopt the final plat for Remmele Addition.
(O.K.)
A. REFERENCE AND BACKGROUND:
Consideration to approve the preliminary and final plat for
Remmele Addition was continued from March 12 to March 26, and
from March 26 to April 9. On April 9, the City Council
approved the preliminary plat and now are requested to
consider adopting the final plat for Remmele Addition per
Mr. Larry Griffith, legal counsel for Remmele Engineering.
Please review the supporting data.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt the final plat for Remmele Addition.
2. Motion to deny adoption of the final plat for Remmele
Addition.
3. Continue this item to the May 14 City Council meeting.
C. STAFF RECOMMENDATION:
Recommendation is to adopt the final plat for Remmele Addition
as requested per Mr. Larry Griffith. The proposed plat meets
the City requirements in terms of necessary drainage and
utility easements. In addition, it complies with City
subdivision requirements.
D. SUPPORTING DATA:
Copy of the March 12, 1990 Council agenda; Copy of the Remmolo
Addition plat.
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Council Agenda - 3/12/90
Consideration of approvinq 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. Remmelo's
attorney's aro working diligently on this matter and hope to
obtain the necessary property in short order.
Further devolooment of the Rommele project hinqes on
acquisition of land oast of Chelsea. The Plat does not become
recordable until the signatures of the owners of all lands
affected by the plat aro affixed to the Plat. Similarly, the
TIF plan can not be adopted until the lot lines noted on the
Rommelo plat become official.
Council Agenda - 3/12/90
B. ALTERNATIVE ACTIONS
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 manner, then Council may wish to table
approval until the modifications are made.
C. RECOMMENDATION
Staff recommends alternative 2.
D. SUPPORTING DATA
Copy of Remmole Addition Plat.
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Council Agenda - 4/23/90
5. Consideration to approve the vacation of Fallon Avenue between
Chelsea Road and I-94 and the vacation of drainage and utility'
easements. (O.K.)
A. REFERENCE AND BACKGROUND:
The public hearing and the consideration to approve the
vacation of Fallon Avenue between Chelsea Road and I-94 and
the drainage and utility easements as described in the public
hearing notice were continued from March 12 to March 26, and
from March 26 to April 9. On April 9, the City Council closed
the public hearing and tabled approving the vacation of Fallon
Avenue and utility and drainage easements. City Council is
now requested to consider the approval for said vacations per
Mr. Larry Griffith, legal counsel for Remmele Engineering,
Inc. Please review supporting data.
a. ALTERNATIVE ACTIONS:
I . Motion to approve the vacation of Fallon Avenue between
Chelsea Road and I-94 and the vacation of drainage and
utility easements as described in the public hearing
notice.
2. Motion to deny approval of said vacations.
3. Continue this item to the May 14 City Council meeting.
C. STAFF RECOMMENDATION:
Recommendation is alternative 01 subject to adoption of the
final plat for Remmolo Addition.
D. SUPPORTING DATA:
Copy of the March 12 Council agenda; Copy of the public
hearing notice; Copy of the vacated areas.
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Council Agenda - 3/12/90
2. Public Nearinq - Consideration of Vacation of. Fallon Avenue
between Chelsea Rd and I-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 I-94 and approve vacation of associated utility
easements.
This option should be selected if Council elects to deny
approval of the Rommele Subdivision.
C. RECOMMENDATION
Staff Recommends alternative 1.
j 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. Mineesota, will mem kat the
Council Chambers of the Cry Hen at 7:00 p.m. On March f 2. 1990. to ansm vacating in the
can of mad with Ma pi4ttin9 of the Remmel0 Subdivision. The guests m W vacated Include that
pert a} Facorh A -mire. 4120 known ea Industrial Drive. a Block
Park, according to fn* plat Me act of record in Wright C ffing Lot S' t' Oakwood fnduauiy
titularly described a follows: aunty, MIAMOsota, and bofng mon par•
Beginning at the intersection o} the east One of SOctlon 14, Township 121, Range 25.
with the $Outhwasterty dpht•4f•way One of tntOntate Highway 91; device ebrg Out Ool
11 with south 1 degree 14 minutes 38 saCOids wool, a High bow of Ganes a amdisterce
Of t One O Said
thorns north 63 degrees 34 mirhYtas 4S aaCmids wast 38.46 tem to the
Out One of mid Lot 8; thence slong mid east line Of Lot 6 north 1 degree 14 minute
38 seconds Est iWid tam ta mid southwesterly right -of •w Me of Inferable
southwesterly 94; thence tong said ng rightot-wsY Dna amid Nang s ru,d,geM(y uvwa, '..
t 1000ntl MO a Charrd be4sod p p}Be5ot45. 66f
ar acs 03 mf�0nutoo9f 0S 22mi n eso
arc dist M
tarna of 35.77 fest to e point of beginning; seconds test. an
Together with that pmt of Fallon Avenue, alta known
weal lof the NwGuindustrial Drive. which goo gest of tin ,
ine orthem nner Of the Northwest Quau rte, of Section 13.1pwnahip 12 t, Rugs
f Wright County, Minnesota: ON which live South" of the southwesterly right way Ms'
at tAtvnant Nighwsy 94; and which nes northerly of the following described fine
Commencing Sir intanOCtian of said west tine of the Northwest94; ousrtal of the NOrN•
west Ouarte of Section 13 with said southwest" dgnt•af wev Ore v thence efonp sold west lint) south 1 depraa 14 minutes 38 sevninuestame p wool volumed
eels of bearing2, a dIstarns of 547.47 fast to the point of beginning of mg g e to be
A
Favanu
dasdn thence eoutrn 63 degrees 34 -gnu?" 4S seconds mat to the sett nne at said'
orfs ling.
llon a 4thd thero
aSYCIt Parsons as tlu(re tO be hegira with reference to the proposed improvement will be heard•`
t m
—def} O'astfnp, tortnina
NahO, Assistance Administrator'
iMarCh 1 A B, 18901
rt
NOTWE OF HEARING ON UTILITY AND DRAINAGE EASEMENTS TO BE VACATED
i
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN Net tie City CouncO of MonticeM, MimesOts willmiltM ftCoLwcP
Chambers Of theCHY H40 m 7:000.m. on March 12. 1990, tocouder vacating uti ty amt enthoge
aasenents 484aclated with the planing of the Remmele subdivision. The utility easements W
be vacated include all existing public easements Contained within the following doW bad omtei
of tend:
Lm 0. Block i, Oakwood Industrial Park, OCCordfng to the ofat thmoof of recind in Said
Wright County; excepting therefrom Nat part o1 mid Lot 0lying north" o1 the nosh
tins o1 the Northolt Gunnar o1 Steffen Is. Township t21. Range 25; Neo Sxceptfng
VW *ffom that port of ad Lot B lying northeasterly of fate southwaterty ngm•of•wsv r--#
as Interstate Highway 94;
Topsthe with that Pmt of Fallen Avenue, alae known as Industrial Ortw, vacated of to to -sated,
sbuning said Lot 8 and being mon panitula0v described u follows:
Beginning at the Intersection of Ne seat line of Section to, Township 121, Range 25,
withthe southwesterly ripnn Of•way One oit ntmmeIs Highway 94; thence 4long sol 001
On South I degree 14 mOkrtas 38 seconds war. assumed caw o1 beings, a distance
of 547,47 fan: thence north 63 degrees 34 minutes 45 seconds west 38.46 fat to tho
out line Of Sold Lot 6: thence along the eat line of Lot 6 north i dagra t4 mimtia 38
seconds Out 546,78 fast •w
t to said Southwesterly riphl•Offy Net =state Highway
04; thence along add rightot•wev line and along a nomsegendal curve, concave,
southwenMy end having a radius of 5545.58 tem, a Central rgNoi 0 aegtess 22 minutes
10 seconds and a Chord bovine of south 06 dogruo 03 aunutos 45 seconds SUL at
are distance of 35.77 fest to the point of beginning,
Together with that on of the Northwest Quarter of the Northwest Quarter of Section 13,
Township 121, Range 25, more pardpdarly described as follows:
Beginning at the intstsactfon at the west fins of mid Section 13 with the southwesterly ,
npht•OI-way fin* Of interstate Highway 94, thence #"Odd wool Oft south 1 doge"
Ir mkwta 38 Seconds war. assumed basis of bearings.a platence of 547.47 feet; dance
mutt. 63 degrees 34 mint" 45 seconds Out 1$0.00faat: manes north 26 degrees 25
minutes I5 seconds an age. 54 fav to said southwesterly rightot•wsy tiro of Interstate
Highway 94: thence 4" Said rigntrof•wev one and *long a nonla gontiY Curve. Cat•
Csve Southwesterly ane having a radius of 5545.56 fest, a Carmol Snya of a degrees 16
minutes 0 t "condo and 4 chord Posting of north 63 deprses a• mkvxu 39 uco ds woo.
an aro distance of 41190 Mt t0 fit Point of beginn�g indudog all Out port Of Fallon
Avenue Vtruduatr4l Odvt.vautad of to be v8C8tv0. wrnVl+�io cmnaned widen the tvepoing
described peal;
Including but not limited to thou easements Crated by document recorded to Book 94 of
Miscellaneous. Pepe 961• end the" Crested by sad plat Of Oakwood Industrial Pork within the
Meet 4be-s descnbed,
Such oersons u desas to be heard with reference to de proppoad improvement will be how
Of title mating.
—Jeff O'Ne 1. Assistant Administrator
fMarch 1 6 S. 10901
A (e-cLS
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Council Agenda - 4/23/90
6. Review proposal to install and operate prototype furnace usinq
rubber products as fuel. No formal action requested --review
only. (J.O.)
REFERENCE AND BACKGROUND:
Ray Schmidt of Universal Equipment Manufacturing Company hopes
to occupy the structure that will soon be vacated by Larson
Manufacturing. Schmidt has placed earnest money down in
anticipation of purchasing the structure; however, he will not
complete the purchase until the City reviews his operational
plans which include the operation and development of a
prototype furnace which uses automobile tire byproducts as
fuel. The furnace proposed for development and installation
is not an incinerator. In other words, the furnace is
designed to use tires In heating the structure and is not
intended to be designed for the sole purpose of incinerating
tires. This furnace is one among other machines that Schmidt
manufactures that are designed to transform waste tires into
materials that can be reused for other purposes.
In addition to the rubber burning furnace, Schmidt also has
developed machinery that will remove tires from wheels, cut
tires into manageable pieces, and reduce the manageable pieces
further into tire bits which can be used for many purposes,
Including furnace fuel. The equipment that Schmidt has
designed is relatively inexpensive and is intended to be used
by small scale tire reducing operations. Schmidt believes
that the type of equipment that he is manufacturing will
create an affordable process by which tires can be converted
Into a product that can be reused.
LAND USE ZONING ISSUES
Under the present zoning ordinance, the type of manufacturing
and assembly of equipment proposed by Schmidt is an allowable
use In the I-1 zone; therefore, under normal circumstances,
Schmidt would need no permit whatsoever to occupy the Larson
Manufacturing structure and begin his operation. This
situation, of course, is unusual because one of Schmidt's
product lines is a furnace which utilizes rubber as its fuel.
The furnace is a prototype model and is untested at this time;
therefore, it appears unwise to allow the operation to begin
without an environmental impact review and subsequent
regulations. At the same time, howovor, the furnace does
appear to burn very cleanly. It may be that operation of a
single furnace utilizing rubber chips as its fuel may not
create a negativo impact on the adjoining properties. To
assist the City In providing answers to our questions
regarding the impact of this furnace on adjoining properties,
City staff has requested that the PCA review the operation of
Council Agenda - 4/23/90
this furnace and provide the City with information or
direction regarding this matter. Enclosed you may find a
letter from Gary Standish of the Pollution Control Agency
which outlines the pro's and con's associated with the
operation of this furnace. If it is not in your information
packet, it will be available on Monday.
ALTERNATIVE ACTIONS:
Mr. Schmidt has applied for a zoning amendment which would
allow this furnace to be installed as a conditional use in the
I-1 zone. The zoning ordinance amendment process requires
that this item be taken up by the Planning Commission at a
public hearing on May 1, 1990. At this time, adjoining
property owners will ba given the opportunity to learn more
about this furnace and will also be provided with the
opportunity to submit any comments they might have regarding
the proposal. At this time, Council is asked to provide any
preliminary observations or comments regarding the operation
of the rubber burning furnace proposal. If the City Council
finds the proposal to be objectionable and is not generally
open to further consideration of this matter, then it is
likely that Mr. Schmidt will withdraw his zoning ordinance
amendment request. If, on the other hand, Council determines
that there is potential that the furnace can be installed and
operated without becoming a detriment to the area, then
Schmidt will move ahead to the next step, which is review of
this matter at the Planning Commission level. Final approval
of the zoning ordinance amendment which would allow the
development of this furnace as proposed would be on the
Council agenda at the regularly scheduled meeting May 14,
1990.
D. SUPPORTING DATA:
Comments from the Pollution Control Agency (if available by
the agenda properation dead lino); Letter to the Pollution
Control Agency requesting Information; If time allows, a video
presentation showing operation of equipment manufactured by
Schmidt will be presented.
SENT OY:Xerox Tel ecoDier 7021 : 4-20-90 : 1:07PM : 6122959707- 12954404.4 1
Minnesota Pollution Control Agenc6L;
520 Lafayette Road, Saint Paul, Minnesota 55155 Q�
N4�' Telephone (612) 296-6300
April ?.Or 1440
1`0e1-11'• brand feu IransmOtai memo 7671 I•erpsc" Zt
r Iro
C.
t 1L 11 1Y,_.�ir:�v
°f'
Mr. Jeff 01Neill'?t4' 70
Assistant Administrator vr•' t1' -441/1) t`••` c r
City of Monticello
250 East Broadway
Monticello, Minnesota 55361-9245
Dear Mr. O'Neill
Tire following .letter will respond to your inquiry dated April 9,1990 roga=eiing
the potential doveloprent of n facility by the Tire Service Ecluipent
Manufacturing Company Incorporated. 'the contonte represent the views of the
Waste Tire Managment urogram and tho Vivison of Air. Quality based on
info mstion providod to our office.
1b providA anmawre to the City of Monticoilo's quoatir=, vm will start with
question no. 3, ,is a state or federal poonit required 7"
Minn. Rules part 7001.1210 provides thnL a facility whose only air rmlesione are
form ccmbustion of a sot id fuel, arra wtwse totnl rated heat input is teas than 1
million UM per tour, in exaIft from Lhe roquirenent to obtain an air emission
permit., trtrn tie picture and data providrvl, t.iva emit eijV ars to txr mall enough
to In uxargrt. we will uoo a 1 million MU lur lveur unit with no pollution
control oquipnant as the basis fur the other quostions.
No. 1. What type of alr omissions--parLfnllate, gaseous, or othuviso-- can be
expected from the stack and what cpmnLity could be produced 7
Tuned on tire nmylses and test h=a,tiru combustion can be oxpcected to
emit particulates, carbon wivxide, sulfer dioxide, ani nitrogen oxides.
l y -u polete conbudt.ion Lxmld rpjuft In an unpredictable variety of
organic ux&TVunda And cx.lur. A 1 million MU/hour unit could Yarm
appi,oximately 100 Ww of tire chlpe in a heating aeanon. unisaiona are
cetimatisd to her
Particulates. 2.9 lb/lona 4.4 ton/heisting soason
Carbon M'Noxllkr 2.6 lb/hour 3.9 tion/treating swoon
Sulfur. Dloxidu 1..0 lb/lv.nrr 3.0 t:wr/heeiat.ing eaaeoun
Nitrugun Uddea 1.2 lb/hrnrr 1.8 ton/Making season
Regional Offices: Duluth • Brainerd • Defroff Lakee • Marshall • Rochester
SENT BY:Xerox TeIecopier 7021 : 4-20-90 : 1:06Pfd 6122969707- 12954404:8 2
Mr. Jeff O'Neill
Page 2
No. 2. Would the MPGA require furnace tegmrature regulation, electrostatic
precipitions,or bag houses for particulates in the future 7
The 2.9 lb/hour emission rate for particulates could be considered to
exceed an applicable Minn. Air Pollution Control Standard currently in
effect. The rate slould Le 0.4 lb/hour for a 1 million JYM/hour unit to
cciVly with the rule. Thus, some type of dust collector appears to be
necessary frau the start. Rules for. waste Incineration are under
development and trey apply in the tuturo.
No. 4. will the operation of the tine Nu-ytuq furnace at the scale as describW
create a bona fide pollution paublem for neighboring property owners 7
'foie would not necessarily occur. c;ood design and operation might reaulL
in stack emisalona which are not visible and prudcx-o no grvwd level odor
or excessive concentrations of pollutants. Sufficient stack height is
important to avoid the stack gases boing trapped at ground level by the
effect of wird flow around buildings.
No. 5. Can the furnace manufactured at this site be sold in Minnesota 7 If not,
what taste nest the furnace pass before it can be sold statewide 7 When are you
planning on testing the operation of the furnace,and If you already have, what
were the results of the test 7
The sale of the furnace is not rogulatod by arty Minn. Pollution Control
Agunxy rules, but rather the operation or use of the fume. If rq
fodaral regulations apply to this furnace, theta Is no mandatory LOSLing
requixerrnt. Montt laegRr now sources are requited to teat emissions
within aatn titre frame aftur startup. This source -specific testing is
likely to be prohibitively expensive for unite of this size. One
approach, used by U.S. EPA to regulate wood -burning stoves, is to requite
the m►nufar,Lurer to Leet ons writ out of every 100 manufactured. The
manufacturer receives a loLt:er of compliance that ramin3 effective so
long as each unit tested Wesos its treat. The MPCA does not perform the
testing. 7bere ace num]rotts testing consultants in mutnesota and
elsewhere In the U.S. W provide this service.
No. 6. Can the furnace be cold in other states 7
State regulations vary widely and chnnge fraqunnt.ly enough that this moat
be anmovzed by coach stnt.o.
No. 7. lb what extent should tJre city limit the use of the fur== at tho
manufacturing site ? and
No. S. whwt. gnrerah corwUttons of operation would you suggesL thnL Lh'r city
plaon on too pmpcwed upreration 7
If a L"YiLtiunal use permit, building peodt, or othor city panel t is
required, ona approach would Lio W Laquiru the facility owner to apply
SENT BY:Xeroz TelecoDier 7021 : 4-20-90 : 1:OBpm : 6122969707» 12954604:0 3
Mr. Jeff O'Neill
Page 3
for an air emission pamdt L= the MaCA even if exempt. 74ie permit we
could issue would list all applicable air pollution control standards.
The stack height should bo required to be high enough to avoid the
problem described in No. 4 above. Tho uno of the furnace could be
limited to the heating season.
The interest in waste tine recycling and poLenLial level of equipMnt
manufacturing for waste tiro roduction, as represented by this cattpany, am
encouraging to our program. If you have questions or require additional
information please feel free to contact me.
Sincerely,
S
1 .ttandishion Control Speciliet
Waste Tire Management Unit
Site Response Section
Ground Water and Solid Wasto Division
GS t kn
Enclosure
cc t Wes bprvnk
250 East Broadway
Munricello, MN 55362-9245
Phone: (612) 295.2711
Metro: (612) 333-5739
April 9, 1990
A Lire fueled furnace would be used to heat Lite
sLrucLure In which the manufacturing Is
conducted. Tho furnaco would be Lite ongoing
primary source of heat for Lho sLrucLure.
In addlLlon Lo Lite furnace being used to heat Lite
slrucl.uro, Mr.. ScIlml(IL would also operate nn
addlLlonal furnace or furnaces on an experimental
basis for. Lite purposo of product development.
The CILy of. MonLlcollo understands Lite importance of
Lire reducllon and recycling, and Lite CILy also soos
Lho economlc development; potential associated with
mnnufncLuring of Lire reduction oyulpment.. AL Lho
nnme Limo, however, Lite City is obligated to protect
Lho litereaLs and land values of oxlsLing propor.Ly
owners. Tho CILy needs to determine Lo what oxLonL
Mr. Gary Standish
"n
n„ar,hMn„
Minnesota PolluLlon Control Agency
520 LafayeLte Road
Van 10-ig-
St. Paul, MN 55155
Fan Fair
ShA,yAndnan
Dear Mr. Standish:
IN,. ,n Smith
Ad..."""'"
The CiLy of Monticello seeks your input regarding the
IN& wdp,•u,.
poLenLial development of a faclllLy that proposes to
"""'""'"''""- ...`.
, .., ,,,, , n ,. i,,",. ,,,
manufacture automobile Lire reducing equipment. The
9
1' u'Ne.11
location of the facility is not a problem, as Lite siCe
1,,14,u•,.,,,
is zoned for Lhls type of manufacturing; however., a
At Sinwl„
unique sltuaLLon has developed In Lhat Included among
Lite 1Lems to be manufac Lured aL Lhls site is furnace
1; yA I''u"'
eyulpmenL LhnL uses nuLomobile Lire chips as fuel.
Thero Is it concern Lhnt operation of such a furnace or.
furnaces might nogaLlvely affect air- yualiLy and
ad)oinIng properLios.
The facillLy as proposed would operate a Lire fueled
furnace for Lite following purposes:
A Lire fueled furnace would be used to heat Lite
sLrucLure In which the manufacturing Is
conducted. Tho furnaco would be Lite ongoing
primary source of heat for Lho sLrucLure.
In addlLlon Lo Lite furnace being used to heat Lite
slrucl.uro, Mr.. ScIlml(IL would also operate nn
addlLlonal furnace or furnaces on an experimental
basis for. Lite purposo of product development.
The CILy of. MonLlcollo understands Lite importance of
Lire reducllon and recycling, and Lite CILy also soos
Lho economlc development; potential associated with
mnnufncLuring of Lire reduction oyulpment.. AL Lho
nnme Limo, however, Lite City is obligated to protect
Lho litereaLs and land values of oxlsLing propor.Ly
owners. Tho CILy needs to determine Lo what oxLonL
Mr. Gary Standish
April 9, 1990
Page 2
will the presence of the Lire burning furnace or furnaces he
detrimental to the adjoining properties. Please assist the City of
Monticello by offering answers to the following questions:
1. What type of air emissions - -particulate, gaseous, or
otherwise --can be expected from the stack and In what quantity
could they be produced?
2. Would the MPCA require furnace temperature regulation,
electrostatic precipitations, or bag houses for particulates
in the future?
3. Is a state or federal permit required?
4. Will the operation of the tire burning furnace at the scale as
described create a bona fide polluLion problem for neighboring
property owners?
5. Can the furnace manufactured at this site be sold In
Minnesota? If not, what tests must the furnace pass before it
can be sold state wide? When are you planning on testing the p
operation of the furnace, and If you already have, what were
the results of the Lest?
6. Can the furnace be sold in other. states?
7. To what extent should the City limit the use of the furnace at
the manufacturing site?
0. What general conditions of operation would you suggest that
the City place on the proposed operation?
Thank you for addressing the questions listed above or forwarding
the questions to the appropriate party. I look forward to your
response.
Yours truly,
CITY OF�MMONNTICpELLLO
Jeff O'Neill
Assistant Administrator
JO/kd
I cc: Filo
Council Agenda - 4/23/90
Consideration of preliminary plan to develop shoppinq mall
connected to and extendinq east of Maus Foods. Plan requires
that Cedar Street be vacated and Palm Street be opened,. (J.O.)
A. REFERENCE AND BACKGROUND:
Greg Mooney of 21st Century Builders has submitted a site plan
which calls for development of a 34,000 sq ft retail mall
connected to the existing Maus Foods and extending east across
Cedar Street and into an existing underdeveloped parcel of
land. The proposal calls for development of a roadway around
the eastern perimeter of the proposed shopping center, which
would cross the tracks and connect to Palm Street. The
proposal would also require relocation of city sewer, water,
and storm sewer structures.
Mooney has also submitted an alternative site plan which does
not require that Cedar Street be closed and does not require
utility relocation. The retail shopping area associated with
this site plan is located entirely on the underdeveloped
parcel on the east side of Cedar across from Maus Foods. It
is my understanding that Mooney will actively pursue this
alternative in the event that Council indicates that Mooney's
first choice is not feasible.
Council is asked to review the favored proposal and indicate
to the developers if they should proceed with further detailed
study of the feasibility of the concept. If Council
determines that this idea is not practical or feasible from a
City planning standpoint, than the developers and the City
will go no further toward developing a better understanding of
costs and problems associated with vacating Cedar Street and
relocating sanitary sewer, water main, and storm sewer
facilities that are located along this right-of-way.
Attached you will find comments submitted by John Uban
regarding Lhis proposal and its impact on the area.
ALTERNATIVE ACTIONS:
1. Motion to authorize staff and encourage developer to
investigate the potential of developing the shopping mall
as proposed, which would include vacation of Cedar Street
and relocation of sanitary sewer, water main, and storm
sewer facilities.
Under this alternative, Council would be providing staff
and the developer with the direction it needs to invest
time and energy in fully investigating the potential of
developing the site as proposed. Under this alternative,
Council Agenda - 4/23/90
staff would be collecting actual cost estimates for
relocation of utilities and would be researching
implications of placement of utilities underneath
structures.
2. Motion to deny further authorization to study the
proposal as submitted and encourage developer to utilize
existing infrastructure and land areas available for
development of retail uses as currently allowed in the
PZM zone.
Under this alternative, the developer would abandon the
concept of connecting the retail mall to Maus Foods and
would focus on development of a shopping area on the
parcel directly east of the Maus Foods complex. Under
this alternative, it is possible that a conditional use
permit request allowing development of a retail shop on
the parcel east of Maus Foods would be forthcoming at the
next meeting of the City Council.
C. STAFF RECOMMENDATION:
See planners report.
D. SUPPORTING DATA:
Copy of site plan. Copy of area map. Copy of planners
report.
-147
CONSLZTLNG PLANNERS
LA\'OSCAPE ARCtirrzC-,S
300 F7MT AVENUE NORTH
SUM 210
M,NNGSkOL!S. MN 5540!
61-2-559-3-200
MEMORANDUM
DATE: 19 Apra 1990
TO: Jeff O'Neil
FROM: John Uban
RE: Shopping Center Plan by 21st Century Builders dated April 11, 1990
T'he plan submitted and reviewed did not contain the requirements spelled out in the PZ.t
section of the Ordinance. There is extensive documentation and site analysis that needs to
be submitted by the developer for complete review of the project. Reference to other
areas of the Ordinance also were not addressed, therefore, are not pan of this review.
At this point. I can only make general comments on the plan and its basic L•tyout in
respect to the Comprehensive Plan and the general direction of development.
1. The plan shows the closing of Cedar Street, north of 6th Street, up to the railroad
tracks. Cedar Street is then connected with i diagonal curving road over to Palm
Street. Therefore, all the commercial traffic for the combined shopping center,
Maus Foods, and the additional 30,000 square feet proposed would use Palm Street
as the local access to the bttsiaesses. This is a significant disruption to the traffic
pattern established in htouticello.
Cedar Street is intended to act as a collector parallel to Highway 25 just the same
as Walnut Street provides a parallel road system to the west These parallel roud
systems are -very important in creating viable commercial setting along Highway 25
as illustrated in the Comprehensive Plan. Walnut and Cedar Streets act to
strengthen access from the Downtown Area out to the interstate making it possible
for commercial linkage between the shopping center and the Downtown Area. By
brealting Cedar, the parallel road system breaks down at a critical point as it
approaches the Interstate.
Bdirecting traffic over to Palm Street, the commercial traffic will increase on an
otherwise residential area. This area is zoned Residential along Palm Street and is
shown as Residential on the Coinprehensive Plan. In essence, it would further
-de-emphasize the parallel road system and desire for commercial development to
attach to Downtown and would start spreading the commercial activity in an
east•wesi:fashion That is not recommended in the Comprehensive Plan.
04.'2 0,90 0.9:33 DSL'. INC. m111)2
Shopping Center Plan by 21st Century Builders Page?
The plan as designed Would also significantly increase traffic on 6th Street. Sixth
Street has been converted into circulation for the Maus Foods Grocery Store and no
longer has the ri,aracteristia applimhle to a mmmrmial s rrer In ottlrr to gain
the capacity and the appropriate approach for commercial activity, 6th Street would
have to be rebuilt to its original configuration and eliminate the parking and parking
island maculation from 6th Street richt-of-Way. It is obvious that past development
approvals down graded 6th Street as not to serve any additional traffic other than
that created by Maus Foods Any plan to expand commercial activity, especially
using 6th Street as the entrance off of Highway 25 does not follow the intent of
the Comprehensive Plan or the past decisions made by the City.
In summary, the Comprehensive Plan would have to be amended in order for Cedar
Street to be closed and commercial activity to take place in this arca
2- the purpose and intent of the PZM District dearly calls for development that is
sensitive to the surrounding area and environment and must produce a creative and
innovative development With aesthetic controls as a transition between high density
residential and low intensity commercial. Maus Foods would be considered a high
intensity commercial and a continuation of high intensity commercial activity is not
the intention of the PZMT District The District also clearly intends to preserve
open space and unique characteristics of the surrounding land and must address all
these issues through a complete submittal.
An important part of the MA Zoning District is to create significant separation
between commercial activity and residential development- As the area directly north
of the proposed shopping center is residential, including the railroad right-of-way, a
significant setback of binning and Iandsca would be anticipated Also woodland
preservation is part of the review, much of which has already been removed from
the site prior to submittal.
Setback requirements within the FZAI are, as a minimum, those requirements found
in the zone most similar to the development proposed. The perimeter setbacks can
be increased as needed by the City of Monticello to Properly integrate the
development into the community considering the guidelines of the Ordinance and the
Comprehensive Plan.
In summiary, the plan does not exhibit the criteria set forth in the Zoning Ordinance
and certainly does not portray the kind of development that meets the guidelines
and review criteria in the PZM District. A development more appropriate to this
area would be of a significantly less intense scale with preservation of slopes,
existing road systems, large perimeter setbacks with harming and landscaping, and
minimal traffic generntion. Also, multiple -family would be appropriate in this area
as that use would conform to the Comprehensive Plan.
0)
14
ii -44 111
MAU.,
ES
T• P 5' Z 7
o" 1
Own
Council Agenda - 4/23/90
Public hearina - Consideration of amendment to Off -Street
Parkinq Requirements for Theaters. (J.O.)
A. REFERENCE/BACKGROUND:
As some of you may know, the Monti Theater has plans to
develop two new screens which results in the need for an
additional 105 parking spaces according to the present
ordinance. In conjunction with the expansion of the theater,
Wright County State Bank plans on purchasing the Stokes Marine
building and developing a parking area for use by Theater
patrons. The new parking area will be able to accommodate
approximately 37 stalls which falls short of the 105 new
spaces that are needed with the theater expansion. This item,
along with the following three agenda items are intended to
address the parking shortfall.
The land use decisions that Council is asked to consider
associated with the theater expansion are as follows:
1. Consider lessening the theater parking requirements from
one (1) space per four (4) seats to one (1) space per
five (5) seats.
2. Consider amending the ordinance by allowing joint parking
facilities for theaters to be located within 500 feet of
the theater. The current maximum is 300 feet.
3. Consider granting a conditional use permit allowing the
Monticello Theater to use public parking areas as "joint
parking".
4. Consider a variance which would allow more than 50
percent (566) of the off-street parking to be supplied by
joint parking tacilities.
This agenda pertains to decision number one. The next three
agenda items apply to decisions two, three and four.
The City staff asked the City Planner to check the theater
parking requirements and determine if the present formula for
calculating parking spaces might be too stringent. The
present formula for calculating theater parking stalls
requires one parking space per four seats.
Following is the result of staff research on the matter.
According to a 1987 Institute of Transportation parking
generation traffic study, there appears to be some merit in
lessoning the Theater parking requirement from a 1 to 4 ratio
to a 1 to 5 ratlo for weekday operations. Doing so would have
Council Agenda - 4/23/90
the effect of decreasing the Monti Theater expansion parking
requirements from 105 spaces to 85 spaces. It should be noted
also that, according to the same study, weekend parking demand
per seat is greater and that a 1 to 4 ratio for weekend
operation is preferred.
ALTERNATIVE ACTIONS:
Motion to approve amendment to theater parking
requirements by changing 1 stall per 4 seats to 1 stall
per every five seats.
Scientific documentation is available which indicates
that, on weekdays, lessening the parking requirement will
not negatively impact parking in and around theater areas
and therefore the amendment is consistent with zoning
ordinance amendment review criteria. On the other hand
the same study also indicates that weekend operations
should maintain a 1 to 4 ratio. If Planning Commission
and Council are not comfortable with the potential
parking problems on weekends, a separate agreement could
be developed with the Monticello Theater which might
limit theater seating on weekends.
This amendment is likely to be viewed as positive as it
enables the theater to expand and become more competitive
with theaters located in other communities. In addition,
the added activity created by more theater patrons adds
life to the business district which will help revitalize
the area. At the same time however, reducing the theater
parking requirement may some day be less positive in the
event a theater is introduced into an area that has an
overall greater demand for evening and Saturday parking.
Motion to deny approval of said parking ordinance
amendment.
If Planning Commission and Council finds that the
proposed amendment is not consietont with comprehensive
plan, geography and character of the area. And or if
Planning Commission and Council finds that lessoning
theater parking requirements will depreciate the value of
adjoining properties, then adoption of this ordinance
should be denied.
Council Agenda - 4/23/90
STAFF RECOMMENDATION:
Staff recommends that the ordinance amendment be adopted as
proposed. It is the view of staff that the amendment is not
inconsistent with the comprehensive plan and will not
negatively affect the area in which it is proposed.
Staff cautions however that, according to the traffic study,
a 1 to 5 parking ratio may not be sufficient on weekends.
Council may wish to direct staff to prepare an agreement with
the theater that addresses potential weekend parking problems.
Such an agreement might limit the number of patrons attending
the theater on weekends.
As a third alternative, an ordinance amendment could be
developed which allows a 1 to 5 theater parking ratio as a
conditional use permit. Such a conditional use permit would
contain conditions mitigating the Impact of weekend theater
activity. In addition, the conditional use permit would
enable the City to apply the 1 to 5 theater parking
requirements on a case by case basis depending on the impact
of the theater parking on adjoining properties. Under the
proposed amendment, a case by case review of theater parking
requirements is not possible. Under the proposed ordinance
amendment, the 1 to 5 ratio will apply to all future theaters
developed in areas where the 1 to 4 ratio might have made more
sense.
SUPPORTING DATA:
Proposed ordinance amendment. Copy of theater parking study.
C
EXISTING ORDINANCE
CHURCH, THEATER, AUDITORIUM: At least one (1) parking space
for each four (4) seats based on the design capacity of the
main assembly hall. Facilities as may be provided in
conjunction with such buildings or uses shall be subject to
additional requirements which are imposed by this ordinance.
NEW ORDINANCE
CHURCH, AUDITORIUM: At least one (1) parking space for each
four (4) seats based on the design capacity of the main
assembly hall. Facilities as may be provided in conjunction
with such buildings or uses shall be subject to additional
requirements which are imposed by this ordinance.
27. THEATER: At least one (1) parking space for each five (5)
seats based on the design capacity of the main assembly hall.
Facilities as may be provided in conjunction with such
buildings or uses shall be subject to additional requirements
which are imposed by this ordinance.
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Y
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300-
0.
It 200 -
1
MOVIE THEATER (443)
Peak Parking Spaces Occupied vs: SEATS
On a: WEEKDAY
i
PARKING GENERATION RATES
Range of Standard Number of Average Number of
Rates Deviation Studies Seats
0.06-0.46 0.11 11 1646 It
DATA PLOT AND EQUATION
CAUTION—USE CAREFULLY—LOW R'.
a o
i
8
800 1,200 1,600 2,000 2A00 2,800 3.2)0
X w NUMBER OF SEATS
Q ACTUAL DATA POINTS FITTED CURVE
Fittod Curvo Equation: P ® 0.32{X} - 174.0
R° - 0.475
Parking Darrorarmn, "un 1907nnatitute of Tranwonalbn Enpfnwe
so
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A
it
it
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Average
Rate
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i t y 2v,e
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1.400-
w 1,300-
1 1.200-
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,000 -
a 900-
ai
800-
0 700 -
cc 600 -
a 500-
x
a 400-
w
a 300-
CL
00-
a 200-
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0
00 -
100 -
0
MOVIE THEATER (443)
Peak Parking Spaces Occupied vs: SEATS
On a: SATURDAY
PARKING GENERATION RATES
Range of Standard Number of Average Number of
Rates Deviation Studies Seats
0.11-0.42 0.11 9 1562
I
DATA PLOT AND EQUATION
1,000 2.000 3,000
X - NUMBER OF SEATS
❑ ACTUAL DATA POINTS FITTED CURVE
Filled Curve Equation: P - 0.50(X) - 322.0
R' - O.837
Pathtnp Generation, August 1907nnstituto of Transportation Engineers
61
Council Agenda - 4/23/90
9. Public Hearinq - Consideration of ordinance amendment which
would allow theaters to utilize joint off-street parkinq
facilities located within (500) five hundred feet of Theater.
(J.O.)
REFERENCE/BACKGROUND:
The current ordinance requires that joint parking associated
with theater use must be located within 300 feet of the
theater. The proposed ordinance amendment calls for extending
this distance to 500 feet. By extending the distance as
proposed, a number of public parking spaces can be counted as
"Joint parking" spaces which enables the theater expansion to
meet minimum parking requirements.
According to the City Planner, it is not unreasonable to
expect people to walk 500 feet from parking areas to a theater
especially within the "streetscape" environment. A walk
between parking and theater of 500 feet is common in many
cities.
ALTERNATIVE ACTIONS:
1. Motion to adopt ordinance amendment extending distance
between joint parking facility and theater building from
300 to 500 feet.
The proposed ordinance amendment appears to be consistent
with the geography and character of the district. It is
not likely that the change as proposed will create a
significant detriment to neighboring properties. On the
other hand, it should be noted that the further away the
official joint parking areas are, the less of a chance
that they will be actually used especially if the parking
is across a major highway (25). In other words, despite
the fact that there is free parking in a public lot 4U0
feet from the movie theater (behind Northwest Clinic and
across highway 25) it is likely that theater goers will
park in non authorized parking areas that are closer to
the theater (Holkers, Fairs). Of course, the owners of
the private lots do have the option of enforcing no
parking restrictions which would force people to park in
the nearest authorized areas. Adding distance will also
result in more on street parking and may require that the
City install no parking signs If parking spills into
residential streets (River Street).
Selection of this alternative Implies that the City will
enter into a joint parking agrooment with the Theater
making the public parking within 500 foot of the theater
available as "joint parking".
Council Agenda - 4/23/90
2. Motion to deny approval of ordinance amendment extending
distance between joint parking facility and theater
building from 300 to 500 feet.
Selection of this alternative eliminates official access
to numerous parking stalls within the down town area.
This alternative eliminates the ability of the theater to
meet minimum parking requirements.
C. STAFF RECOMMENDATION:
Staff recommends that Council adopt said amendment. 300
to 500 feet is a reasonable distance to walk between
parking and the theater. The amendment will enable the
theater to expand, increase down -town business activity
and will result in more people enjoying streetscape.
D. SUPPORTING DATA:
Copy of ordinance amendment
CURRENT ORDINANCE
3-5 I. 1. (E) I.
The building or use for which application is being made
to utilize the off-street parking facilities provided by
another building or use shall be located within three
hundred (300) feet of such parking facilities.
PROPOSED AMENDMENT
The building or use for which application is being made
to utilize the off-street parking facilities provided by
another building or use shall be located within three
hundred (300) feet of such parking facilitates with the
following exception. For Theaters located in the
oriqinal plat of Monticello, theater varkina provided blr
another use shall be located within 500 feet of saiu
theater.
Council Agenda - 4/23/90
10. Public Hearinq - Consideration of conditional use permit
allowinq the Monti Theater to use certain public parkinq areas
as "joint parkinq". (J.O.)
REFERENCE/BACKGROUND:
If Planning Commission/Council adopts the ordinance amendment
changing the theater parking requirement from 1 space per five
seats and if the area in which theater joint parking can be
claimed is extended to 500 feet, then Planning
Commission/Council is asked to consider granting the Monti
Theater a joint parking conditional use permit.
The plans developed by the theater call for development of 420
seats. If the 5 to 1 ratio is used, 85 parking spaces must be
created. The site plan presented calls for demolition of
Stokes Marine and development of 37 parking spaces which
results in a deficit of 48 parking spaces. The joint parking
conditional use permit as proposed calls for utilization of
public parking spaces within 500 feet of the theater.
Numerous public parking spaces are available within 500 feet
and are available for joint use as the businesses that these
parking spaces service are typically day -time operations. If
one refers to the attached map it is plain to see that public
parking spaces well in excess of 48 spaces are available
within 500 feet of the theater. For instance, 50 parking
spaces are available on block 52 behind Johnson's clothing
store. In addition, at least one half of the 90 parking stalls
on block 35 are within 500 feet of the theater. 14 parking
spaces are available at the East bridge park area. There
appears to be ample theater parking in these areas. The trick
will be to encourage theater patrons to use designated areas
and to stay away from private parking areas that are closer to
tho theater.
ALTERNATIVE ACTIONS:
Motion to approve joint parking conditional use permit
subject to the following conditions:
City approved joint parking areas shall be located
within 500 feet of the theater
B. No substantial conflict in the principal operating
hours of the two uses (theator/retell, service) for
which the joint use of off street parking
facilities is proposed.
Council Agenda - 4/23/90
C. A properly drawn instrument, executed by the
parties concerned for joint use of off-street
parking facilities, duly approved as to form and
manner of execution by the City Attorney, shall be
filed with the City Administrator and recorded with
the County recorder.
D. A properly drawn instrument, executed by Wright
County State Bank and Monti Theater outlining full
and uninterrupted use by Monti Theater of 37
parking stalls.
Said instrument shall be filed with the City
Administrator and recorded with the County
recorder.
E. Owner operator shall provide information to
patrons regarding location of approved parking
areas. Notice shall include publication of maps in
the official city paper; Posting of parking areas
in theater lobby; Review of parking areas at each
show pre -view.
Under the alternative above, Council would approve Monti
Theater use of public parking as a joint parking facility
based on the finding that the conditional use permit will not
be detrimental to adjoining properties. The finding could bo
based on the following information.
None of the public parking areas are greater than 500 feet
from the theater.
No substantial conflict in the principal operation hours of
the theater use and existing uses is anticipated. Below is a
list of major businesses that are in close proximity to the
designated joint public parking area. Also shown are their
business hours.
Council Agenda - 4/23/90
For the most part, the businesses listed and the theater are
not in operation at the same time. It does appear that on
Saturday, during theater matinees, there may be a simultaneos
need for retail and theater parking. With the number of
parking spaces available, it is difficult to determine if this
conflict will create a problem.
A number of policy issues need to be addressed if the City
decides to allow certain public parking areas to be "counted"
as part of a private development's full compliment of parking
stalls.
A. Should the joint agreement include a charge for the use
of public lots? If so, what should the rate be?
B. What are the implications of the precedent that is being
set? Will future developers wish to use public lots to
meet parking requirements? Is the precedent diminished
by the fact that the joint parking agreement pertains to
night time use only.
The questions above should be discussed prior to approval of
the conditional use permit. It also might make sense to draw
up a policy which governs the "joint" use of municipal parking
spaces.
Weekday
Saturday
Hours
Hours
Little Mountain Flowers
8:30-7:00 TH 6 FR
8:30-5:00
Master's Home Furnishings
9:00-8:00
9:00-5:00
Little Mountain Books
UNDETERMINED
-------
Johnson's Dept. Store
9:00-8:00
9:00-5:00
Video Plus
10:00-9:00
10:00-10:00
Golden Valley Furniture
8:00-8:30 WED
8:00-5:30
Dino's Deli 6 Pizza
11:00-11:00
11:00-11:00
Lock Jewlers
9:00-8:00
9:00-5:00
Sewing Shop
9:00-6:00
9:00-4:00
Stella's Cafe
7:00-8:00 FR
7:00-8:00
Star Realty
9:00 -5:00
-------
What Knot Gift Shoppe
9:00-6:00
9:00-6:00
Cohen's Village Shop
9:00-5:00
9:00-5:30
Karen's Draperies
UNDETERMINED
--------
Dominoes Pizza
11:00-2:00 FR
11:00-2:00
For the most part, the businesses listed and the theater are
not in operation at the same time. It does appear that on
Saturday, during theater matinees, there may be a simultaneos
need for retail and theater parking. With the number of
parking spaces available, it is difficult to determine if this
conflict will create a problem.
A number of policy issues need to be addressed if the City
decides to allow certain public parking areas to be "counted"
as part of a private development's full compliment of parking
stalls.
A. Should the joint agreement include a charge for the use
of public lots? If so, what should the rate be?
B. What are the implications of the precedent that is being
set? Will future developers wish to use public lots to
meet parking requirements? Is the precedent diminished
by the fact that the joint parking agreement pertains to
night time use only.
The questions above should be discussed prior to approval of
the conditional use permit. It also might make sense to draw
up a policy which governs the "joint" use of municipal parking
spaces.
Council Agenda - 4/23/90
As a final note, it is important that Wright County State Bank
and the Monti Theater establish an agreement which provides
the theater with unlimited and ongoing use of the parking
area. This agreement must be designed to eliminate the
possibility of the loss of the area as "theater parking". In
addition, the document must be recorded.
2. Deny approval of joint parking conditional use permit
request.
Without a joint parking agreement between the City and
the theater, it is not possible to expand the theater
without violation of the minimum parking requirements.
Denial of this permit will result in abandonment of the
project.
C. STAFF RECOMMENDATION:
Staff recommends that Planning Commission and Council select
alternative 1 and add any other reasonable conditions that it
deemed necessary to protect adjoining properties.
D. SUPPORTING DATA:
Map showing available theater and public parking, Site plan
showing theater and parking locations. Pre-existing joint
parking agreement associated with existing theater operation.
Selected excerpts from the Zoning Ordinance.
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26. HOSPITALS: Two (2) spaces per each bed.
(I)_ JOINT FACILITIES.
The City Council may, after receiving a
report and recommendation from the Planning
Commission, approve a conditional use permit
for one (1) or more businesses to provide
the required off-street parking facilities
by joint use of one (t) or more sites where
the total number of spaces provided are
loss than the sum of the total required
for each business should they provide them
separately. When considering a request
for such a permit, the Planning Commission
shall not recommend that such permit be
granted nor the Council approve such a
permit except when the following conditions
are found to exist:
(a) Up to fifty (50) percent of the parking
facilities required for a- theatre.
bowling alloy, donco hall, bar or
restaurant may be supplied by the
off-street parking facilities provided
bL types of uses specified as a primarily
PC i t J 3oytimo use in Subparagraph (d) below.
(b) Up to fifty (50) percent of the off-street
parking facilities required for any
use specified under (d) below as primary
daytime uses may be supplied by the
parking facilities provided by the
following night-time or Sunday uses;
auditoriums incidental to a public
or parochial school, churches, bowling
alloys, dance halls, theatres, barn
or restaurants.
(c) Up to eighty (80) percent of the parking
facilities required by this section
for a church or for an auditorium
incidental to a public or parochial
school may be supplied by off-street
parking facilities provided by uses
specified under (d) below no primarily
daytime uses.
(d) For the purpose of this section the
following uses are considered so primarily
daytime uooe: Sanks, buoinaaa officon.
retail atoroa, personal sorvlce Shope,
household equipment or furniture shop*,
clothing or shoo repair or service
ahopa, manufacturing, wholesale and
similar uses. P,..b".. epaeeS N• .,d 4•4
S.—I!
(a) Conditions required for joint use:
i.
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P. C. :4, 3,
The building or use for which
application is being made to
utilize the off-street parking
facilities provided by another
building or use shall be located
within three hundred (300) feat of
such parking facilities.
The applicant shall show that
there is no substantial conflict
In the principal operating hours
of the two (2) buildings or
uses for which joint use of
off-street parking facilitian
is proposed.
ill. A properly drawn legal instrument,
executed by the parties concerned
for joint use of off-stroot
parking facilitica.,duly approved
as to form and manner of execution
by the City Attorney, shall
be filed with the City Administrator
and recorded with the County
Recorder, Wright County.
3-6: OFF-STREET bOADING:
[A) PURPOSE,: Tho regulation of loading spaces
in these zoning—T,l-tinno 19 tt, ellaviotc
or prevent congestion of the public right-of-way
and so to promote the safety and general welfare
of Lite public, by establishing minimum requirements
for off-street loading and unloading from motor
vehicles in accordance with tiro utilization
of various pnrcolo of land or structures.
IN LOCATION:
I. All required loading borthe shall be off-street
and located on the 0800 lot as the building
or use to be served.
2. All loading berth curb cuts shall be located,
at a minimum, fifty (50) foot from the
Intersection of two (2) or more street
right-of-wayn. Thio distance shall bo
measured from the property Line.
( 3. No loading berth shelf be located closer
{ than fifty (50) foot from a residential
district unison within a structure.
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usrd far bunk parking, e—pi inn there r,im the four nLol IM der, foaled by signs for- the
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Council Agenda - 4/23/90
H. Public Hearing - Variance request which would allow more than
50 percent of the off-street parkinq for the Monti Theater
Addition to be supplied by a joint parkinq facility. (J.O.)
A. REFERENCE/BACKGROUND:
One of the conditions listed by the ordinance associated with
the joint parking conditional use permit requires that no more
than 50 percent of the parking requirement be satisfied via a
joint parking arrangement. In this situation, it is proposed
that the public spaces provide 48 spaces or 56 percent of the
on site parking which creates the need for variance of 6%.
B. ALTERNATIVE ACTIONS:
1. Motion to approve a 68 variance to the requirement that
joint parking provide no more than 50 percent of theater
parking requirement.
In this situation, the applicant is creating as much
parking as possible with the space available. It could
be argued that due to the existing configuration of land
and buildings, it is not possible to meet the full
compliment of "non joint" parking spaces and therefore
sufficient hardship exists to approve variance request.
On the other hand, by eliminating 50 seats from the
proposed 420 seat addition, the applicant can avoid the
need for the variance altogether. The applicant might
argue that reducing the seating capacity by 50 seats may
limit the commercial viability of the project.
2. Motion to deny variance request and direct applicant to
reduce seating capacity (420 to 370).
As noted above, by simply reducing the seating capacity
to 370, the applicant does not need a variance. It may be
however, that the financial viability of the project will
suffer without the added seating.
C. STAFF RECOMMENDATION:
Planning commission and Council needs to determine if a
hardship has been sufficiently demonstrated as justification
for the variance. If so, the variance should be granted.
Planning Commission and Council could take a conservative
approach to this issue and grant permission to develop a 370
seat addition with the option of granting variance to install
50 more seats after the impact of the development is better
understood.
D. SUPPORTING DATA:
Excerpts from zoning ordinance.
26, HOSPITALS: Two (2) spaces per each bed.
(1j JOINT FACILITIES:
The City Council may, after receiving a
report and recommendation from the Planning
Commission, approve a conditional use permit
for one ()) or more businesses to provide
the required off-street parking facilities
by joint use of one ()) or more sites where
the total number of spaces provided aro
less than the sum of the total required
for each business should they provide them
separately. When considering a request
for such a permit, the Planning Commission
shall not recommend that such permit be
granted nor the Council approve such a
permit except when the following conditions
are found to exist:
(a) Up to fifty (50) percent of the parking
facilities required for a -theatre,
Vp,r *,ctn e- bowling alloy, dance hall, bar or
x to M )+ restaurant may be supplied by the
off-otra at parking facilities provided
t:v typea of uses specified as a primarily
o,time use in subparagraph (d) below.
(b) Up to fifty (50) percent of the off-street
parking facilities required for any
use specified under (d) below as primary
davr,ima uses may be cupplied by the
parking facilities provided by the
following night-time or Sunday u000;
auditoriums incidental to a public
or parochial school, churches, bowling
alloys, dance hallo, theatres, barn
or restaurants.
(c) Up to olghty (00) percent of the parking
facilities required by this section
for a church or for an auditorium
lncldantal to a public or parochial
school may be supplied by off-street
parking facilities provided by uses
specified under (d) below as primarily
daytime uses.
(d) For the purpono of this aoction the
following uses aro considered an primarily
daytime uses: hanks, business offices,
,( retail stores, personal nervica shops,
y` household equipment or furniture shops,
clothing or shoo repair or service
shape, manufacturing, wholesale and
similar uses. P...bV1pnec'S Ar.•..+.41e1
., . f
(e) Conditions required for joint use:
!�
I. Tho building or use for which
'l application is being made to
utilize the off-street parking
Zan••i' Cacilitlea provided by another
p L building oc use shall be located
Rv,nCrttC e.'"A within three hundred (300) feet of
i i L.ti. 9
IN- such parking facilities.
'
11. Tho applicant shall allow that
P. �' j,i �r+� J there in no substantial conflict
in the principal operating hours
of Lire two (2) buildings or
uses for which joint use of
off-street parking facilities
Is proposed.
ill. A properly drawn legal instrument,
executed by the parties concerned
for joint use of off-street
parking facilitie0,.duly approved
as to form mid manner of execution
by the City Attorney, shall
be filed with the City Administrator
and recorded with the County
Recorder, Wright County.
3-6: UFR -:STREET LOADING:
(A) PUR MSE: The rogulatiun of loading npacoc
in these zoning regulations in to alleLlnte
or prevent Congontion of the public right -Of -way
and no to promote the nnfaty and genornl wel.fare
of Lho public, by antabli.ahing minimum requtromanls
for off-ntrent lending slid unloading from motor
vahiclon in accordance with Lite uLLl.izntimt
of vitriolic parcels of land or sLrucLuron.
)n) LOCATION:
1. All required loading bortho shell be off-street
and located on the came lot 00 tite building
or use to be served.
2. ALL loading berth curb CULO 0111111 be located,
at n minimum, fifty (50) foot from Lite
intarcoction of two (2) or more street
right-of-waya. Thin Mutation shall be
measured from the property lino.
3. 14o loading Borth shell be locateO closer
than fifty (50) foot from a roaidontial
district unless within a structure.
Council Agenda - 4/23/90
12. Consideration of a resolution aporovina clans and
specifications and authorizina advertisement for bide --7th
Street improvement project. (R.W.)
A. REFERENCE AND BACKGROUND:
OSM is currently in the final stages of developing the plans
and specifications for the improvement of 7th Street and
related utilities. The final plans and specifications will be
presented to the Council on Monday night, and the Council is
asked to adopt a resolution accepting the plans and
specifications and authorizing the advertisement for bids.
Preliminary grading work as part of the K -Mart construction
project is already occurring on the 7th Street right-of-way,
and the City has also awarded a contract for demolition of the
Pratt house to Fyle's Excavating, which should also commence
soon. It Is anticipated that the bids will be returnable
May 11 and be considered by the Council at the May 14 meeting
for awarding.
B. ALTERNATIVE ACTIONS:
/ 1. Motion to adopt the resolution accepting the plans and
(` specifications and authorizing advertisement for bids.
2. Motion to deny adoption of said resolution.
C. STAFF RECOMMENDATION:
Staff recommends that the plans and specifications be approved
and the advertisement for bids proceed on schedule.
D. SUPPORTING DATA:
Copy of resolution for adoption.
RESOLUTION 90 -
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT FOR BIDS
WHEREAS, pursuant to a resolution passed by the Council on
February 12, 1990, the City Engineer, Orr-Schelen-Mayeron 6
Associates, has prepared plans and specifications for the
improvement of 7th Street from Locust Street to Minnesota Street,
and Minnesota Street from the existing bituminous south of 6th
Street to 7th Street, with bituminous overlay, curb and gutter, and
improvements to Minnesota Street and 7th Street with extensions of
sanitary sewer, water main, storm sewer drainage facilities, and
appurtenant work, and has presented such plans and specifications
to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA:
1. Such plans and specifications, a copy of which is on file at
City Hall, are hereby approved.
2. The City Administrator shall prepare and cause to be inserted
in the Monticello Times and in the Construction Bulletin an
advertisement for oras upon the making of such impruvement
under such approved plans and specifications. The
advertisement shall be published for 21 days, shall specify
the work to be done, shall state that bids will be received by
the Administrator until //00 a.m. on S-Ik,
1990, at which time they will be publicly opened in the
Council Chambers of the City Hall by the City Administrator
and Engineer, will then be tabulated, and will be considered
by the Council at 7:30 p.m. on
1990, in the Council Chambers. No bids will be considered
unless sealed and filed with the Administrator and accompanied
by a cash deposit, cashier's check, bid bond, or certified
check payable to the City of Monticello for 5% of the amount
of such bid.
3. Springsted, Inc., is hereby designated the financial
consultant for the financing of this public improvement.
Adopted this 23rd day of April, 1990.
Mayor
r
City Administrator
Council Agenda - 4/23/90
13. Consideration of loq structure for Ellison Park. (J.S.)
REFERENCE AND BACKGROUND:
At the last meeting, the City Council decided on the location
for the shelter in Ellison Park. Councilmember Bloniger.,
Roger Mack, and Doug Pitt worked together to determine the
appropriate size of a building for the location desired by the
Council. It appears that the 24' X 40' structure will fit
within the confines of the location selected. As directed by
City Council, Doug Pitt drafted a set of simple drawings based
upon the exterior dimensions selected for the structure and
the design criteria of keeping the structure as open as
possible. A copy of these preliminary drawings are enclosed
for your review.
The cost of the structure given by Voyageur Log Homes was
$12,332. This includes all building materials above the slab
with the exception of roofing materials. A check with one of
the local lumber yards revealed a price of $512 for standard,
seal, down asphalt shingles. The cost for the materials for
the footings and slab, as well as minimal electric outlets and
lirjht.a (main nnwPr nrnv1dod at nParhv neAPstaIR). iR PatimatPA
at $2,000, thereby bringing the total cost of the structure to
$14,844.
As indicated by Doug Pitt, the structure is not complicated to
assemble, and the actual construction will be supervised by
Voyageur Log Homes. The concrete work could be performed by
City staff or subbed to a local contractor should time
constraints not allow the work to be completed on time. It
appears that the actual log construction could take place in
June. The only weekend at this time that would not be
available from Voyageur Homes is the weekend of June 16. This
is, of course, assuming that the Lions would be working on a
weekend.
ALTERNATIVE ACTIONS:
The first alternative would be to authorize the City to
purchase the log sholtor from Voyagour Log Homes of Orr,
Minnesota, for a cost of $12,332 and to further authorize
purchase of the roofing materials and installation of the
concrete slab and wiring at an estimated cost of $2,512,
bringing the total estimated cost of the building to
$14,844.
2. The second alternative would be to change or modify the
r structure as desired by City Council and obtain
additional prices.
Council Agenda - 4/23/90
3. The third alternative would be to do nothing at this
time.
C. STAFF RECOMMENDATION:
In order to meet the time table as set forth by the Lions and
have the structure completed for the 4th of July celebration.,
it appears to be most appropriate to select alternative N1.
D. SUPPORTING DATA:
Copy of the drawings from Voyageur Log Homes; Copy of proposed
site location plan.
0
PROPOSAL FOR LOG PICNIC SHELTER
by
VOYAGEUR LOG HOMES
Doug!as J. Pitt, Sales Manager
925 W. River St., Box 921
Monticello, MN 55362
(612) 295.2173
0
VOYAGEUR LOG HOMES
Douglas J. Pitt. Sales Manager
O 025 W. River SI., Box 921
Monticello. MN 85362
(G12) 295-2173
ScAlIE
W
VOYAGEUR LOG HOMES
Douglas J. Pitt, Sales Manager
925 W. River SI., Box 921
Monticello, MN 55362
(612) 295.2173
SGRLF 4 /,—o"
23 8"x 39'-8
1
OUT 5i4E
VOYAGEUR LOG HOMES
Douglas J. Pin, Sales Manager
924 W. River St, Box 921
Monticello, MN 53382
(812) 295.2173
I— S --"
h
120
SGML A ".. / - n 11
I . 12 courses of 10 inch pine loge for 23ft.81nch by 39ft.81nch picnic shelter.
2. 2- 8 inch trusses
3. 22- 8 inch log rafters
4. 8 inch truss webbing in gable ends
5. 2 X 6 pine T&G (roof decking)
6. All necessary 1/2 inch through bolts and nuts
7. Delivery to building site in Monticello
8. Shingles and other tooting material to be furnished by buyer
9. All labor to be furnished by others, except that supervision of
project will be by Voyageur Log Homes
10. All site preparation. footings and cement slab to be done by buyer
11. Total bid by Voyageur Log Homes for above $12332.00
VOYAGEUR LOG HOMES
Douglas J. Pitt, Solea Manager
925 W. River St., Box 821
Monticello. MN 55362
(612) 295.2179
PROPOSED PICNIC SHELTER SITE -- ELLISON PARK
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Council Agenda - 4/23/90
14. Consideration of resolution aPorovino the sale and transfer of
ownership in cable system and transfer of the cable franchise
of Jones Intercable to FBN Cablevision. (R.W.)
A. REFERENCE AND BACKGROUND:
Jones Intercable, owner of the cable television system
servicing Monticello, has entered into an agreement to sell
the entire system to FBN Cablevision. Included in the sale
would be FBN Cablevision's acquisition of the franchise rights
to service Monticello and the other ten cities which are part
of the SWC4. As part of the ten city cable commission, any
sale or transfer of ownership requires the cable commission
approval and also approval of each individual city belonging
to the commission.
Legal counsel fcr the SWC4 commission, Mr. Tom Creighton of
O'Connor and Hannan, has reviewed the details pertaining to
the transfer and provided information to the individual cities
and commissioners for review. The cable commission recently
met on April 11 to review the qualifications of the new owner,
including legal and character qualifications, technical
ability, financial stability, and other factors before
considering approving the transfer. The commission, after
dndiyzing file dbiiities of the new company, voted unanimously
to approve the transfer and recommended that each city adopt
the resolution before you.
FBN Cablevision currently operates cable systems In Forest
Lake and Cambridge and will operate in Minnesota under the
business title of Citation Cable. The new company has agreed
to assume the franchise agreement conditions established by
the commission, and It appears that the level and quality of
service will not be hindered by the sale.
B. ALTERNATIVE ACTIONS:
1. Adopt the resolution approving the sale and transfer from
Jones to FBN Cablevision, which would include the
transfer of the cable franchise rights.
2. Do not approve the transfer of ownership.
C. STAFF RECOMMENDATION:
As commission member for Monticello, I recommend that the
transfer and the resolution be adopted. The ten city
commission unanimously approve recommonding to each city that
the resolution be adopted, and I can find no reason why we
would want to oppose the transfer.
D. SUPPORTING DATA: `\�\
Copy of resolution.
CITY OF
RESOLUTION NO. APPROVING THE
SALE AND TRANSFER OF OWNERSHIP IN
A CABLE SYSTEM AND TRANSFER OF THE CABLE
FRANCHISE OF JONES INTERCABLE, INC. TO
FBN CABLEVISION OF MINNESOTA LIMITED PARTNERSHIP
WHEREAS, Jones Intercable, Inc. (hereinafter "Jones") owns,
operates and maintains a cable television system (the
"System") for the municipality of
Minnesota (hereinafter the "City") pursuant to the terms
and conditions of a Cable Communications Franchise
Ordinance No. as amended (the "Ordinance"); and
WHEREAS, the City has the authority and responsibility to
adopt, coordinate, administer and enforce the Ordinance
and the right to approve any transfer of said Ordinance;
and
WHEREAS, Jones desires to sell and otherwise transfer
substantially all of its business and assets used or
useful in connection with the ownership and operation of
the SysL'eiu dnd the Ordinance ro FEN Cablevision of
Minnesota Limited Partnership ("FBN"); and
WHEREAS, FBN agrees to continue to manage, operate, and
maintain the System in substantially the same manner as
Jones and to assume all Jones' Ordinance obligations and
execute and accept the Ordinance, as amended; and
WHEREAS, Jones and FBN have requested the consent from the
City to a sale of the System and transfer of the
Ordinance of Jones to FBN; and
WHEREAS, the Sherburne/Wright County Cable Communications
Commission ("Commission") on behalf of the City
considered FBN's technical ability, financial condition,
character qualifications, and legal qualifications in a
full public proceeding after due notice and a reasonable
opportunity to be heard; and
WHEREAS, the Commission Found no reasonable basis for the City
to deny the request for transfer to FBN under the terms
and conditions set forth below.
NOW, THEREFORE, BE IT RESOLVED by the City of
that:
1. The City hereby approves the transfer of the System and
transfer of the Ordinance of Jones, to FBN, provided the
conditions contained in this Resolution have been met to the sole
satisfaction of Commission and subject to an actual closing of
the transaction on or before August 31, 1990 pursuant to the
terms and conditions as evidenced by the information submitted by
Jones and FBN to the City.
2. The Ordinance requires that Jones give notice to the
City prior to any assignment or transfer of such Ordinance and
give the City the right under certain circumstances to purchase
the System. The City hereby waives its right to purchase the
System a:ising as a result of any assignment and transfer of the
Ordinance from Jones to FBN. Pursuant to and consistent with the
terms and conditions of the Ordinance, FBN shall have the
authority to pledge and collaterally assign, and to grant a
security interest and lien with respect to, the Ordinance and
System to any lender of FBN as security for payment of the debts
of FBN, and any such lender shall be entitled to all of the
rights of a secured party under the Uniform Commercial Code of
the State of Midnnesota.
3. That the City consents to and approves the transfer of
the System and transfer of the Ordinance from Jones to FBN
subject to the following conditions:
a An ^1 ^'-zing cf the tran..,.,.t:cr. c --cu" o:
before August 31, 1990, pursuant to the terms and conditions
as evidenced by the information submitted by Jones and FBN to
the City.
b. FBN shall accept the Ordinance by giving written
notice of acceptance to the City and thereby agreeing to
perform all of the terms and conditions of the Ordinance,
within thirty (30) days of such transfer and assignment,
unless the time for acceptance is extended by the City.
C. With its acceptance, FBN shall furnish to the City
and in accordance with the requirements of the Ordinance, the
performance bond, evidence of insurance, letter of credit,
and such other items required by the Ordinance.
d. Within thirty (30) days of such transfer and
assignment, City shall receive a guarantee of performance of
the Ordinance obligations from Naragansett Minnesota Cable
Management Corporation and NW Minnesota Communications
General Partnership.
e. FBN shall agree that the remaining provisions of
the Ordinance remain in full force and effect following the
completion of the transfer and assignment, provided, however,
that theOrdinance requirements for the implementation of
Regional Channel 6 shall be held in abeyance for two years
following the effective transfer of ownership, at which time
0
the Commission and FBN will re-evaluate the technical
feasibility and commercial practicability of the
implementation of Regional Channel 6, and, further provided,
that the implementation of the narrowcasting requirements of
the Ordinance shall be held in abeyance until the earlier of
a proposed transfer of ownership of FBN's interest or any
requests for renewal of the Ordinance.
f. Jones shall resolve the construction issues of
Brentwood Estates in Elk River to the sole satisfaction of
the Sherburne/Wright County Cable Communications Commission.
g. Jones shall resolve to the sole satisfaction of the
Sherburne/Wright County Cable Communications Commission the
Ordinance required service to public buildings and facilities
within the franchise area.
h. Jones shall provide $10,740 cash or place $10,740
in escrow in the name of the Sherburne/Wright County Cable
Communications Commission to satisfy the outstanding
Ordinance requirement for additional public access equipment.
i. Prior to closing, Jones shall pay all costs and
expenses of the Commission and City, including legal and
other consulting fees, incurred as a result of this process,
to the extent such coats and expenses have not previously
been reimbursed.
4. FBN shall, within sixty (60) days after the closing,
file with the City a copy of the deed, agreement, mortgage, lease
or other written instrument evidencing such transfer of ownership
and assignment of said Ordinance, certified and sworn to as
correct by FBN.
S. To the extent FBN and Jones fail to comply with any of
the above requirements within the time specified, unless the time
is extended by the City, this Resolution and any and all
approvals set forth herein shall be null and void.
6. The Ordinance is in full force and effect and there have
been no amendments or modifications to the Ordinance, except for
those on file in the office of the City Clerk of the City
of
The above listed Resolution was moved by Council Member
, and duly seconded by Council Member
The following Council Members voted in the affirmative:
The following Council Members voted in the negative:
Passed and adopted this _ day of . 1990•
ATTESTED TO:
CITY Of
Mayor
Council Agenda - 4/23/90
15. Consideration of resolution amendinq the Sherburne/Wright
County Cable Communications Commission's joint and cooperative
aqreement. (R.W.)
REFERENCE AND BACKGROUND:
As part of the establishment of the SWC4, a joint and
cooperative agreement was established by the ten member cities
for the purpose of monitoring the operation and activities of
the cable communications, along with the administration and
enforcement of the franchise agreement for each community.
The joint agreement describes who are member cities and also
the voting power of each city. Initially, each city was
entitled to one vote for each 800 dwelling units located in
the city represented on the commission. This voting structure
gave larger communities with more potential cable customers a
larger vote on the commission since it was assumed that the
larger communities had more money invested in starting the
commission and should have a greater voice in running the
commission. Although there had not been any problems, in
November of 1988, the commission again reviewed the voting
structure, and an amendment was passed by each city that
amended the joint agreement entitling each city a percentage
vote in direct proportion to the percent of annual revenues
attributable to the municipality. For example, if Monticello
or Buffalo had 509 of the cable subscribers throughout the
ten -member city system, that community had technically 500 of
the voting power on the ten -member commission. The reason
this was done is that it was a more accurate way of allocating
votes rather than on just the number of housing units that
could have been hooked up within each city.
The result of this latest amendment gives the three largest
cities, Monticello, Elk River, and Buffalo, 51% of the voting
power out of the total ten cities that are members. The
commission members have recently discussed whether this
actually places too much authority within only three
communities who could make amendments and changes that the
other seven communities were not in favor of. Since it was
not the Intent to give a majority to only three cities, the
SWC4 commission has recently recommended that each member city
adopt a resolution again amending the voting power structure
requiring not only a majority percentage vote to pass an
official action, but also that at least five of the ton member
cities also vote in favor. The result of this amendment would
give those smaller communities who are participating on the
commission a feeling of having some influence in that they
would know that at least half of thu commission cities would
have to vote in favor for an official action to be adopted.
y
Council Agenda - 4/23/90
Since it certainly was not Monticello's intent to have a power
struggle with other commission member cities, I do not have
any problem with this new voting arrangement.
B. ALTERNATIVE ACTIONS:
1. Adopt the resolution amending the voting structure within
the joint agreement for SWC4.
2. Do not adopt the amendment.
C. STAFF RECOMMENDATION:
As I indicated above. it was not the intent of the largest
communities within the cable commission to control by
percentage vote the actions of the committee. It just so
happened that the largest three communities can control 518 of
the votes, but we all agree that this is a ten -city
cooperative arrangement and that at least half of the voting
members should vote in the affirmative for official actions.
As a result, as representative of the cable commission, I
recommend the Council adopt this resolution.
D. SUPPORTING DATA:
Copy of resolution and copy of previous resolution adopted in
1988 amending the voting structure.
C
CITY OF
RESOLUTION NO.
RESOLUTION AMENDING ARTICLE VI, SECTION 8
OF TETE SHERBURNE/WRIGHT COUNTY CABLE COMMUNICATIONS
COMMISSION JOINT AND COOPERATIVE AGREEMENT
FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM
WHEREAS, the City of , (hereinafter "City")
is an existing member of the Sherburne/Wright County
Cable Communications Commission (hereinafter
"Commission"); and
WHEREAS, the Commission has recommended an amendment to the
Joint and Cooperative Agreement for the Administration
of a Cable Communications System (hereinafter
"Agreement") relating to the voting procedures of the
Commission; and
:=RAZ, the City believes it to be in its beat interest to
l amend the Agreement as recommended by Commission.
THEREFORE, BE IT RESOLVED, that the City Council of the City
of amends the existing Agreement as follows:
1. Article VI, Section 8, is amended as follows:
Section 8. All official actions of the Commission
must receive a majority of all authorized votes
cast on that issue at a duly constituted meeting of
the Commission and the affirmative vote of five
directors.
A motion to adopt the above Resolution was made
by and seconded by
The following Council Members voted in favor:
The following Council Members voted against or abstained:
0/5
The above Resolution was duly adopted , 1994.
ATTEST:
Mayan
City official
-2-
s -EN % �Al-4IVC
RESOLUTION NO. 88-53
CITY OF MONTICELLO
STATE OF MINNESOTA
RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1
AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUNTY.CABLE
COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION
OF A CABLE COAL+tUNICATIONS SYSTEM.
WHEREAS, The City of Monticello , (hereinafter
"City") is an existing member of the Sherburne/Wright County
Cable Commission (hereinafter "Commission"); and
WHEREAS, the Commission has made recommended amendments
to the Joint and Cooperative Agreement for the Administration
of a Cable Communications System (hereinafter "Agreement") re-
lating to the voting structure of the Commission and the finan-
cial contributions of the Members; and
WHEREAS, the City believes it to be in its best interest
to amend the Agreement as recommended by Commission;
THEREFORE, BE IT RESOLVED, that the City Council of the
City of ;aanticollo amends by substitution the existing
Agreement as follows:
1. Article VI, Section 1, is amended in its entirety
as follows: _
Section 1. Each Hcmbcr ^hall be cntiticd to enc (1)
director to represent it on the Commission. Each director
is entitled to vote in direct proportion to the percent
of annual revenues attributable in the municipality repre-
sented by the director to the total annual revenues of
the system for the prior year rounded to the nearest whole
number; provided, however, that each director shall have
at least one vote. For purposes of this section, the annual
revenues for each Member and the total annual system revenues
as of December 31 of each year shall be determined by the
records of the cable operator filed with the Commission
with the annual Franchise Fee. Prior to the first Commission
meeting in March of each year, the Secretary of the Commission
shall determine the number of votes for each Member in
accordance with this section and certify the results to
the Chair.
2. Article X, Section 3 is amended in its entirety as
follows:
W-1-
N
Section 3. The financial contributions of the Members
in support of the Commission shall be in direct proportion
to the percent of annual revenues of each member to the
total annual revenues of the system for the prior year
multiplied by the Commission's annual budget. The annual
budget shall establish the contribution of ach Member
for the ensuing year. The Commission is hereby designated
as the entity to whom the Member's Franchise Fee shall
be paid by the Grantee. Any Franchise Fee paid to the
Commission by the Grantee in excess of the Commission budget
shall be returned to the Members in the same proportion
as each Member's contribution to the Commission budget.
The Members agree to use excess Franchise Fees for cable-_
related expenses.
The above -listed resolution was moved by Council Member
Dan Bloniqen and duly seconded by Council member
Warren Smith
The following Council Members voted in the affirmative:
Arve Grimsmo, Fran Fair, Bill Fair. Dan Blonigen,
Warren Smith
The following Council Members voted in the negative:
None
The above resolution was duly adopted December 12
1988.
ATTEST:
Mayor
Ciiy Offi-mai
V_
-2-
Council Agenda - 4/23/90
16. Consideration of hirinq a Municipal Construction Inspector for
the City of Monticello. (J.S)
REFERENCE/BACKGROUND:
With the second advertisement for a City Inspector, we
received an additional eight applications and conducted two
additional interviews. We received a total of 30 applicants
altogether and conducted a total of seven interviews.
The interviewing team consisted of the City Administrator,
Public Work Director, and the Water Superintendent. This
group unanimously selected Thomas Bose of Rosemount,
Minnesota, to fill this position of Municipal Construction
Inspector for the City of Monticello, at a starting salary of
$26,000. Mr. Bose will be able to start after a two-week
notice to his current employer, Instant Testing, of
Minneapolis. His plans are to relocate to the Monticello area
if hired. He currently rents in Rosemount.
Mr. Bose has a Bachelor of Science Degree from the St. Cloud
State University in Industrial Education with a Major in
Construction. He has about eight years of experience in the
construction field and has worked approximately 2 1/2 years as
a Municipal Construction Inspector for the consulting
engineering firm of Donahue and Associates in Lakeville,
Minnesota. All of Mr. Bose's references checked out very well
and he was given a high recommendation from the City of
Lakeville were much of his work was performed.
B. ALTERNATIVE ACTIONS:
1. The first alternative would be to hire Mr. Thomas Bose at
a starting salary of $26,000, contingent upon his passing
the physical that is now required by City policy.
2. The second alternative would be to not hire a
Construction Inspector at this time, but to continue
having OSM provide all of the construction inspections
necessary for City projects.
C. STAFF RECOMMENDATIONS:
It is the recommendation of the City Administrator, Public
Works Director, and Water Superintondant that the City Council
hire Mr. Thomas Boso for the position of Municipal
Construction Inspector as outlined in alternative Y1.
D. SUPPORTING DATA:
None.
City Council Agenda - 4/23/90
17. Consideration of hiring Water/Collection Svstems Operator to
fill existinq vacancy. (J.S.)
REFERENCE/BACKGROUND:
The City of Monticello received 24 applicants and one request
to transfer for the position left vacant by Tony Strand's move
to the City of Becker. The selection committee, consisting of
the City Administrator, Public Works Director, and
Water/Collection Systems Superintendent, selected five
candidates for interviews, this incudes the individual
requesting transfer. It is currently expected that the
Interviews will be completed by the time of Monday evenings
council meeting and we expect to have a recommendation for the
City Council at that time. If there are any questions in the
mean time, please feel free to contact Rick, myself, or Matt
regarding the applicants or the selection process.
SUPPORTING DATA:
None.
Y��
` Council Agenda - 4/23/90
18. Consideration of proclaiminq May 6-12, "Drinkinq Water Week".
(J.S.)
A. REFERENCE AND BACKGROUND:
May 6-12 of this year has been designated as the National
Drinking Water Week by the American Water Works Association
and the Rural Water Association of which the City is a member.
This is a time for residents to reflect on the importance of
safe drinking water in their lives, and the efforts of those
who protect it and bring it to their home. The national theme
for "Drinking Water Week" is "Turning it on for America".
The Public Works Director and Water Superintendant request
that the City Council proclaim May 6-12 as "Drinking Water
Week" in the City of Monticello. If the Council so proclaims
and recognizes "Drinking Water Week", we will have some news
releases through KMOM and the Monticello Times.
B. ALTERNATIVE ACTIONS:
1. The first alternative is to proclaim May 6-12 as
"Drink.tng Water Week" in Monticello.
2. The second alternative would be not to proclaim May 6-12
as "Drinking Water Week".
C. STAFF RECOMMEDATION:
The staff requests that the Council approve alternative 01.
D. SUPPORTING DATA:
Copy of proclamation and water trivia.
c_
PROCLAMATION
WHEREAS, water is one of the few basic and essential needs of
mankind; and
WHEREAS, our healLh, comfort and standard of living depend
upon an abundant supply of safe water; and
WHEREAS, the City of. Monticello has Insured that f.aciIlt.Les
and systems provide our citizens with a safe, dependable qualiLy
and quantity of water both now and in the future; and
WHEREAS, dedicated men and women have made significant
contributions In developing, operating and maintaining these
systems;
NOW, THEREFORE, I, Kenneth Maus, by virtue of the auLhoriLy
vested in me as Mayor of the City of Monticello, do hereby proclaim
May sixth through twelfth, 1990 as
DRINKING WATER WEEK
in Monticello and urge all citizens to recognize the contributions
of utility employees and the American Water Works Association for
over one hundred vears of dedication.
Kenneth Maus, Mayor
i�� Water Trivia
The only water we will ever have Is what we have right now.
Showers use 9 gallons of water per minute. A bath requires 30-50 gallons.
Once groundwater Is polluted It may remain that way for several thousand years.
It can take 120 gallons of water to produce one egg.
A hot water faucet that leaks 60 drops per minute can waste 192 gallons of water and 48
k0owatt hours of electricity per month.
Human blood Is 83% water. Human bones are 25% water.
Running the tap waiting for water to get hot or cold can waste 5 gallons per minulo.
97% of the water on the earth Is saltwater; only 3% Is freshwater. Most of the freshwater
stored on the earth Is frozen In glaciers.
Each day the sun evaporates 1,000,000,000,000 (a trillion) tons of water.
The earth's surface Is approximately 80% water. That's about 362,000,000,000,000 (362
trillion) gallons of water.
1 Watermelon Is 93% water.
"Water, was the first word that Hcton Koller learned. 'Water' was the last word spoken by
President Ulysses S. Grant.
In come deserts, rain Is co uncommon that the nativos do not have a word for it.
Over 42,000 gallons of water aro needed to grow and prepare lino food for a typical
Thanksgiving dinner for eight In the United States. This Is enough water to fill a 30 by 50
foot swimming pool)
The people In the United States use as much as 700,000,000,000 (700 billion) gallons of
water each day.
Heating water Is the second largest energy usor In the home.
The koala bear and the doson rat do not drink water.
Thorn aro about 8.000,000,000,000,000,000,000,000 (8 septillion) water molecules In one
glass of water.
In a one hundred year period, a water molecule spends 88 years In the ocean, 20 months
as Ice, about 2 weeks In takes and rivers, and loss than a week In the atmosphere.
(Adapted from W= Woke. National Rural Water Association, 1988.)
1
(ID,
GENERAL FUND AMOUNT CHECK NO.
CASH DISBURSEMENTS -- APRIL -- 1990
Dept. of Natural Resources - Watercraft, snowmobile 6 ATV Reg.
State Capitol Credit Union - Payroll Deductions
Hoglund Bus Co. - Repairs - Fire Dept. Truck
Road Rescue, Inc. - Repairs - Fire Dept. Truck
Sentry Systems - Alarm System - Water Dept.
O.E.I Business Forms - Copy machine paper
MacQueen Equipment - Mtc. of equipment - Street Dept.
L"N"R Services - Keys 6 Locks - Parks
Schluender Const. - Steaming storm sever
MN. Mayors Assoc. - Membership Dues - Mayor
Gary Anderson - Misc. mileage expense
Business Development Services, Inc. - Professional services - HRA
J.C. Body Shop - Repairs - Fire Dept. Truck
LMC Housing Bureau - Reservations - Seminar - R. Wolfsteller
Gould Bros. - Repairs - Fire Dept.
Wright County State Bank - FICA, Federal 6 Medicare W/H
I.C.M.A. Retirement Assoc. - Payroll Deductions
PERA - Payroll Deductions
Dept. of Natural Resources - Water Permit
Adopt -A -Pet - Animal control services
Patty Salzwedel - Animal control contract 6 Adoptions
Tom Holthaus - Purchase property - 7th St.
Government Training Sarvice - Seminar rag. - G. Anderson
emidji Technical College - Training - Fire Dept.
ichael Voll - Recycling prize
Lee Dehmer - Recycling prize
U.S. Postmaster - Postage
Dept. of Natural Resources - Snowmobile, watercraft 6 ATV Reg.
Corrow Sanitation - Garbage contract payment
Jerry Olson - Temporary building inspector wages
Cragun's Conference Center - Reg. Fee - Seminar - J. O'Neill
Steven Pfleghaar - Reimbursement - overpayment of sewer/water bll.
Ridgeway Apartments - Recycling prize
Polka Dot Recycling - Recycling contract payment
Dept. of Natural Resources - Snowmobile, watercraft b ATV Reg.
Decision Data Service, Inc. - Computer mtee. contract payment
NSP - Utilities
Norwest Investment Co. - Monthly computer payment
Bridgewater Telephone Co. - Phone Charges
Midwest Gas Co. - Utilities
Professional Services Group, Inc. - WWTP Contract payment
MN. Dept. of Health - Permit - Sever 6 Water extension - Meadows
MN. Pollution Control Agency - Sever b Water extension - Meadows
AME Ready Mix Co. - Concrete - Pumphouae
George Kirscht - Reimb. to owner for installation of water press.
Duane Gatos - Reimb. to owner for installation of water press. va,
Action Plus Temporary Services - Temporary services - City Hall
Commissioner of Transportation - Final Payment Hwy 25 Imp. Project
ius Foods - Supplies
Jast to Const - Supplies
Moon Motors - Parte Fire Dept.
247.00
70.04
2,436.50
865.26
90.00
70.20
219.19
959.00
110.00
10.00
25.81
2,835.00
1,000.00
68.00
462.43
5,474.08
682.97
1,683.90
325.00
310.00
501.00
1,000.00
20.00
50.00
25.00
75.00
500.00
193.00
12,101.67
35.00
251.42
20.00
50.00
1,181.97
288.00
234.00
8.952.69
2.407.61
1,117.36
1,232.41
27,005.83
150.00
170.00
153.61
valve 25.00
ve 25.00
48.13
5,608.13
168.34
256.88
10.33
12.506.71
Wright County Treasurer/Auditor - Sheriff's contract payment - Apiil
29501
29502
29503--
29504
29505
29506
29507
29508
29509
29510
29511
29512
29513 -
29514
29515 -
29516
29517
29518
29519
29520
29521
29522
9523
29524
29525
29526
29527
29528
29529
29530
29531
29532
29533
29534
29535
29536
29537
29538
29539
29540
29541
29542
29543
29544
29545-
29546-
29547
29548
29549
29550
29551
29552
GENERAL FUND
AMOUNT
CHECK NO.
CASH DISBURSEMENTS -- APRIL -- 1990
Nelson Oil Co. - r3as
80.90
29553
Amcon Block b Precast, Inc. - Block - Pumphouse
63.90
29554
National Bushing b Parts Co. - Supplies
100.27
29555
Wright County Journal Press - Newspaper subscription renewal
18.00
29556
Mid -Central, Inc. - Fire Dept. supplies
165.00
29557
Copy Duplicating Products, Inc. - Copy machine mtce. - Library
54.95
29558
Barco Products, Inc. - Supplies, traffic cones - Street Dpet.
391.36
29559
Suburban Gas Co. - Supplies - Fire Dept.
505.83
29560
Spec Materials. Inc. - Crack sealer - Street Dept.
5.910.20
29561
Adam's Pest Control - Pest control contract - Library
44.00
29562
Tnemec Co., Inc. - Paint - Water Tower
157.31
29563
Creative Floral - Misc. supplies
28.00
29564
Pilots Cove, Inc. - Snow removal at airport
50.00
29565
Monticello Times - Legal Publications
2,358.38
29566
Monticello Office Products - Office supplies
151.31
29567
Harry's Auto Supply - Parts 6 supplies
220.80
29568
L 6 S Tool b Design - Blades sharpened
50.00
29569
Metropolitan Fire Equip - Hoses - Fire Dept.
45.97
29570
W.W. Grainger Co. - Batteries - Fire Dept.
59.04
29571
Royal Tire Of Monticello - Repairs 6 tires
228.84
29572
J M 011 Co. -Gas
28.50
29573
Cathy Shuman - Travel expense - seminar
64.00
29574
Flicker's T.V. - App. - Door seal kit - rental house
33.95
29575
Jay Morrell - Travel expense - seminar - Fire Dept.
222.94
29 )
Marn Flicker - Teavel expense - seminar - Fire Dept.
222.94
29:,./
Unocal - Gas
91.35
29578
Northern Oxygen Servcie - Supplies - Fire Dept.
13.50
29579
Simonson Lumber Co. - Supplies
384.29
29580
Yonak Landfill. Inc. - Landfill charges
4,466.88
29581
Duerr's Water Care - Rental house (Reimb. by renter)
14.25
29582
Smith b Hayes - Legal Fees
2,295.32
29583
St. Cloud Fire Equipment, Inc. - Service fire extinquisher
238.55
29584
Team Choice - Bases - Parks
159.95
29585
Scharber 6 Sons, Inc. - Nozzles, hoses d repairs - Street Dept.
375.19
29586
Void
-------
29587
Al 6 Julie Nelson -Newspaper subcription renewal
17.80
29588
Glen's Truck Center - Power steering repair - Street Dept.
500.00
29589
Hoglund Bus Co. - Parts
83.54
29590
Gopher One -Call, Inc. - Professinal services - Water Dept.
60.00
29591
MN. Pollution Control Agency - Annual permit fee
290.00
29592
Void
--------
29593
McDowall Co. - Furnace repairs - Library
380.30
29594
Rick Wolfsteller - Misc. meeting expense 6 reimbursements
55.39
29595
Little Mountain Electric - Repairs - Rental house
161.40
29596
Extension Programs - Fire Dept. Training seminars
556.00
29597
Douglas Smith - Membership dues - Fire Dept.
25.00
29598
Communication Auditors - Repairs - Fire Dept.
125.62
29599
MN. City Management Associ - Membership dues - R. Wolfstaller
40.00
29r-`
General Rental Center - Rental of equip. - rental house
64.10
29
Road Rescue, Inc. - Flasher - Fire Dept.
185.00
29 J
Pleasure Products Co. - Water Tank - Fire Dept.
4,665.10
29603
Superior Signs - Lettering - Fire Dept.
260.00
29604
Monticello Ford - Repairs - Fire Dept.
359.83
29605
GENERAL FUND AMOUNT CHECK NO.
CASH DISBURSEMENTS -- APRIL -- 1990
W.S. Carley b CO. - Parts - Fire Dept.
549.80
29606
Monticello Printing - Printing supplies
66.35
29607
Void
----
29608
Rick Wolfsteller - Monthly mileage allowance
30C.00
29609
Anoka County Social Services - Payroll Deductions
210.16
29610
I.C.M.A. Trust - Payroll Deductions
682.97
29611
State Capitol Credit Union - Payroll Deductions
30.04
29612
PERA - Insurance premium
27.00
29613
Commissioner of Revenue - State Payroll W/H
1,766.50
296;4
U.S. Postmaster - Post office box rental
28.00
29615
Materials Disb. Fund - Desks
95.00
29616
Adult Education Fire School - Seminar Fire Dept.
50.00
29617
Firefighters Training - Seminar Fire Dept.
80.00
29618
League of MN. Cities Ins. Trust - Insurance premium
54,242.00
29619
Monticello Fire Dept. - Firemen's wages
3,246.37
29620
Pinewood Community Playground - Pinewood playground contribution
12,500.00
29621
PERA - Payroll Deductions
1,716.42
29622
Wright County State Bank - FICA, Federal & Medicare W/H
5,467.85
29623
PERA - Insurance premium
9.00
29624
Tom Holthaus b Wright County State Bank - Land Purchase - K -Mart
55,000.00
29625
Dept. of Natural Resources - Snowmobile, watercraft b ATV REg.
318.00
29626
Jerry Hermes - Janitorial services at Library
227.50
29627
Patty Salzwedel - Animal control contract b Adoptions
5U7.uu
2Nb28
�overnmenc Training Service - Registration - R. Wolfsteller
135.00
29629
' Wright County Treasurer - Taxes - K -Mart Land Purchase
857.86
29630
Wright County Recorder - Recording Fees - K -Marc Land Purchase
223.80
29631
Unitog Rental - Uniform rental
123.72
29632
Plumbery - Repairs - Rental House
174.62
29633
Jim Hatch Sales Co. - Brooms - Sweeper
1,335.85
29634
Griefnow Sheet Metal Co. - Info Center repairs
86.00
29635
L'Y'R Servcies - Lock Repairs
40.00
29636
Global Equipment - Parts - Water Dept.
554.12
29637
Clutch b U Joint - Parts - Fire Truck
238.57
29638
Ameri Data - Computer software b training
583.00
29639
Miller -Davis Supplies - Liquor license forme
32.00
29640
Reliable Corp. - Mise. computer supplies
267.05
29641
Egghead Discount - Computer software
366.00
29642
Turnquist Paper Co. - City Hall supplies
221.48
29643
Elk River Veterinary Clinic - Animal control charges
27.90
29644
Campbell Abstract Co. - Prof. services - K -Mart
39.00
29645
Hoglund Transportation - Bus transportation contract
4,308.21
29646
A T b T Info Systems - Fire phone charges
3.96
29647
St. Cloud Fire Equipment - Supplies - Fire Dept.
43.75
29648
Yonak Landfill - Add'1 landfill charges
279.72
29649
Holmes 6 Graven - Prof. services - K -Mart
611.00
29650
MN. Conway Fire b Safety - Parts - Fire Dept.
94.50
29651
Continental Safety Equipment - Supplies - Fire Dept.
24.13
29652
/ WaterProducts Co. - Supplies
594.48
29653
ihamrock Industries, Inc. - Recycling containers
1,860.48
29654
^N\ lyno Systems - Parte
240.54
29655
Local N49 - Union Dues
120.00
29656
Jeff O'Neill - Misc. travel expense
192.66
29657
Payroll for March
29,756.86
TOTAL DISBURSEMENTS FOR APRIL
$301,987.45
LIQUOR MID
CASH DISBURSEMENTS -- APRIL -- 1990
AKUNT
State Capitol Credit Union - Payroll deductions
250.00
Ed Phillips 6 Sons Co. - Liquor
1,603.23
Eagle Wine Co. - Wine
231.51
Griggs, Copper 6 Co. - Liquor
3,258.90
Wright County State Bank - FICA, Federal 6 Medicare W/H
642.29
PERA - Payroll deductions
223.30
Johnson Bros. Liquor Co. - Liquor
1,076.00
Ed Phillips b Sons Co. -Liquor
4,551.62
Kolles Sanitation - Garbage Service
192.60
NSP - Utilities
593.02
Monticello Printing - Printing supplies
124.00
Dick Beverage Co. - Beer
1,822.25
Day Distributing Co. - Beer
359.15
VOID
St. Cloud Restaurant Supply - Supplies
165.18
Dshlheimer Dist. Co. - Beer 6 Supplies
15.769.08
Grosslein Beverage Co. - Beer 6 Supplies
9.487.77
Maus Foods - Supplies
12.93
Monticello Times - Advertising
122.20
KRWC AM Radio - Advertising
96.00
Thorpc Distributing Co. - Becr
:3.
Jude Candy 6 Tobacco co. - Supplies
425.30
Liefert Trucking - Freight Charges
326.06
Bernick's Pepsi Cola Co. -Pop
235.75
Seven -Up Bottling Co. - Pop
240.50
Zee Medical Service - Supplies
13.70
Ron's Ice Co. - Ice
78.96
Midwest Gas Co. - Utilities
115.49
Bridgewater Telephone Co. - Phone Charges
84.32
Ruhbald Beverage Co. - Wine
37.56
Viking Coca Cola Co. - Pop
400.95
Commissioner of Revenue - Sales Tax for March
7,662.98
Eagle Wine Co. - Wine
167.35
Griggs, Cooper d CO. - Liquor
2,047.97
Quality Wine 6 Spirits Co. - Liquor
1,420.13
Johnson Bros. Liquor Co. -.Liquor
2,095.70
State Capitol Credit Union - Payroll Deductions
250.00
PERA - insurance premium
9.00
Commissioner of Revenue - State Payroll Deductions
224.44
LEague of Mn. Cities Insurance Trust - Insurance premium
2,539.00
Wright County State Bank - FICA, Federal 6 MEdicara W/H
665.48
PERA - Payroll Deductions
228.21
Ed Phillips b Sons - Liquor
893.89
Johnson Brothers Wholesale Liquor Co. Liquor
972.24
_
O'Hara Companies - Supplies
24.00
Ed Phillips 6 Sons Co. - Liquor
427.77
Griggs. Cooper 6 CO. - Liquor
694.52
?ogle Wine Co. - Wine
498.29
Payroll for March 3,662.04
TOTAL DISBURSEMENTS FOR APRIL 75,616.09