City Council Resolution 1983-70ARESOLUTION 1983 #70 A
DEVIATION REQUEST FOR GRANT AMENDMENT
WHEREAS, the City of Monticello, Minnesota has been involved in the
Wastewater Treatment Facility Grant Program since April, 1976 to the
present time; and
WHEREAS, the Consulting Engineering Firm of Orr-Schelen-Mayeron, &
Associates, Inc. (OSM) has performed the necessary engineering
services for the design and construction of these facilities in a
professional manner; and
WHEREAS, the City and OSM have incurred additional and necessary
expenses in the Step II Design Services Phase due to increases in the
scope of the project; and
WHEREAS, the City and OSM have attempted to secure a Grant Amendment
for these additional services and have been refused by the Minnesota
Pollution Control Agency (MPCA) and the Environmental Protection
Agency (EPA) Region V; and
WHEREAS, the City and OSM have attempted to secure the necessary
authority for submitting a grant amendment under the sub-statutory
deviation process through the MPCA and EPA; and
WHEREAS, the MPCA and EPA have arbitrarily and capriciously denied
said request for deviation; and
WHEREAS, the City and OSM have continued to seek a deviation and
hearings with the Director, Grants Administration Division, EPA, to
finally resolve this matter; and
WHEREAS, on March 3, 1983, Region V, EPA, through its Assistant
Regional Council, has written to the Director, Grants Administration
Division, that the request by OSM and the City to have this matter
resolved in a hearing be denied, and further expressed the opinion
that the City and OSM deliberately and with full knowledge violated
EPA regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MONTICELLO, that the City takes strong exception to the statement of
the Assistant Regional Council of the EPA, that "...the City
deliberately and with full knowledge violated EPA laws and
regulations", and further denies that the City or its Consulting
Engineer, OSM, intentionally or deliberately violated any EPA law,
rule or regulation, and the City takes strong exception to the remarks
Page 1 of 2
RESOLUTION 1983 #70
DEVIATION REQUEST FOR GRANT AMENDMENT
of counsel expressed in said March 3, 1983 letter, and further, that
there is no significant evidence produced in any material written by
the City, OSM, MPCA or EPA that would lead to the conclusion that
there was any intentional or deliberate violation of any EPA law or
regulation. Be it further resolved that the City formally requests
that the Director, Grants Administration Division, grant a hearing for
the express purpose of resolving this matter in one proceeding to
prevent further ex parte (off-the-record) communications.
Adopted by the City Council, City of Monticello, Minnesota, this 28th
day of March, 1983.
Arve A. Grimsmo, Mayor
ATTEST:
~- .
Thomas A. Eidem
City Administrator
Page 2 of 2
RESOLUTION 1983 - #70
RESOLUTION RELATING TO THE QUALITY OF SERVICE
PROVIDED BY NORTH CENTRAL PUBLIC SERVICE COMPANY
WHEREAS, the City of Monticello has adopted an ordinance granting unto
North Central Public Service Company a franchise for operating a gas
distributing system; and,
WHEREAS, at the time of adoption of said franchise, said adoption was
deemed to be in the best interest of tY,e City; and,
WHEREAS, 'the best interest of the City and its residents is still of
primary concern to the City Council; and,
WHEREAS, members of the City Council and City Staff report receiving
an increasing number of complaints related to customer service of
North Central Public Service Company; and,
WHEREAS, as grantor of the aforementioned franchise, it is reasonable
for the City Council to expect that service to its residents be
responsible and courteous.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
N,ONTICELLO THAT:
1. That North Central Public Service Company be notified that
the City Council of Monticello is concerned over the in-
creasing number of reports of uncooperative
responses to requests for customer service.
2. North Central Public Service Company be requested to review
its customer service policies in order to promote courteous
and cooperative service.
3. North Central Public Service Company be requested, and
strongly urged, to install a toll-free telephone line for
the benefit of its customers residing outside its telephone
service area.
4. The City Administrator submit copies of this resolution to
North Central Public Service Company, Donovan Companies, Inc.,
the Utilities Division of the Department of Public Service,
and the Minnesota Public Utilities Commission.
Adopted this 25th day of April, 1983.
Arve A. Grimsmo, Mayor
ATTEST:
~ ~~
Thomas A. Eidem
City Administrator