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City Council Agenda Packet 01-10-1983AGENDA FOR THE MEETING OF THE CITY COUNCIL January 10, 1983 - 7:30 P.M. Mayor: Arve A. Grimsmo. Council Members: Jack Maxwell, Fran Fair, Dan Blonigen, Ken Maus. 1. Call to Order. 2. Oath of Office - Officers Elected in November. 3. Approval of the Minutes of the December 13, 1982 Regular Meeting. 4. Citizens Comments/Petitions, Requests, and Complaints. Old Business. 5. Meadow Oak - Continuation of a Public Hearing. G. Consideration of a Personnel Issue Concerning Mr. Loren Klein. 7. Consideration of a Request for a Conditional Use - Dr. Clarence McCarty. B. Consideration of Change orders #81, 82 and 83. Now Business. 9. Consideration of Annual Appointments. a) City Depositories. b) City Newspaper. c) Planning Commission. d) Ono member of the Housing and Redevelopment Authority. o) Health Officer. f) Library Board. g) Consulting Engineer. h) Consulting Planner. i) City Auditor. J) Acting Mayor. k) Orderly Annexation Area Roprosontative. 1) Monticello Community Education Advisory Council - City Representative. m) Joint Fire Board - City Representative. AGENDA FOR THE MEETING OF THE CITY COUNCIL January 10, 1983 - 7:30 P.M. Page N2 n) Downtown Parking Committee. o) City Attorney. 10. Consideration of a Special Request by OSM for a Payment of Fees lit Excess of the Contract Amount. 11. Consideration of Additional Bills for Month of December. 12. Adjourn. MEMO TO: Tom Eidem, Mayor and Council Members. FROM: John Simola DATE: January 6, 1983 We have received 217 applications for the position of mechanic/ labor at the WWTP. Jim Miller and myself have narrowed those applicants using information found in the applications and resumes and comparing same to the qualifications found in the job description. During the week of January 13th, Jim and I will interview 11 individuals and narrow the field to probably 3 for a final interview with Tom. We should have made a selection by the 27th of January. of the 11 candidates, 3 are from Monticello area, 3 are from the twin city area and 5 aro from the outstate area, mostly north. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL December 13, 1982 - 7:30 P.M. Members Present: Arve A. Grimsmo, Fran Fair, Ken Maus, Phil White. Members Absent: Dan Blonigen. 2. Approval of Minutes. A motion was node by Maus, seconded by White and unanimous- ly carried to approve the minutes of the regular meeting held on November 22 and the minutes of the special meeting held on November 30, 1982 as presented. 4. Public Hearinq - Central Monticello Redevelopment Plan and Adoption of Resolution. A public hearing was held to receive citizen input on the Central Monticello Redevelopment Plan which becomes the tool that is required to implement future tax increment financing within the City of Monticello. Basically, the redevelopment plan is a general guide plan stipulating boundaries within which the HRA may work to create now development and redevelopment of existing deteriorated properties. The Monticello HRA Committee developed the plan with goals and objectives stated along with determining the boundaries wherein they will work. The plan also makes certain find- ings such as determining which areas are subutandard in nature. The HRA recently adopted the Central Monticello Redevelop- mont Plan and the Monticello Planning Commission also re- viewed and adopted the same plmi. The Planning Commission's review of the plan centered on whether it was in general conformity with the overall comprehensive guide plan of the City. Roaring no citizen's comments and concluding that no ro- viaiona were necessary, a motion was made by Fair, second- ed by Maus and unanimously carried to adopt a resolution establishing the Central Monticello Redevelopment Plan as culinitted. (Soo Resolution 1982 462). Council Minutes - 12/13/82 Public Hearing - Oakwood District #1 Tax Increment Finance Plan and Adoption of Resolution. In regard to the previous adoption of the Central Monti- cello Redevelopment Plan, a proposal has been submitted by IXI Laboratories requesting tax increment financing assistance to develop a parcel of land in the Oakwood Industrial Park. A development agreement has been entered into between the City of Monticello HRA and IXI Laboratories, whereby the HRA has agreed to sell a portion of Lot 7, Block 3, Oak- wood Industrial Park to IRI aL a ruduced cost for the purpose of establishing a new industrial business in Monticello. The financing plan in general, establishes how the City's write down in cost will be recovered over the next eight (8) years through tax increments that the new building will generate on the parcel of land. A copy of the tax increment financing plan has been submitted according to State Statutes to the other taxing juris- dictions within Monticello including the hospital board, school board, and county board for their comments. A motion was made by Maus, seconded by White and unani- mously carried to adopt a resolution adopting Oakwood District 41 Tax Increment Financing Plan as submitted. (See Resolution 1982 463). 6. Public 11carinq on the Meadow Oak Subdivision Improvements. 'thio public hearing is a continued hearing on the proposed public improvement to serve the proposed Meadow Oak resi- dential subdivision plat. This item has been delayed noveral meetings to enable Mr. Jim Boyle primary owner of the Meadow Oak Subdivision to work out details in estab- lishing fee title in his name. The developers of the Meadow Oak Subdivision requested that the Council authorize the preparation of final plana and apocifications for providing utilities to the prop- erty but not yat order the improvements to be made. The reason for this request was that the developers are plan- ning to sell limited partnerships In the oubdiviaion but the sale of the partnerships cannot take place until in- dications are mado by the City that progroso is being made towards providing utilities to the property. Once the limitad pa rtnorships have been sold, the resulting funds will be used to release Mr. Hoglund from the properties as that Mr. Jim Boyle and his associates will become foe owners in the property. In addition, the developers have -Q Council Minutes - 12/13/82 agreed to guarantee payment of any cost associated with the preparation final plans and specifications for the utility extension should the project not proceed. A motion was made by Maus, seconded by Fair and unani- mously carried to authorize the city engineering firm of OSM to prepare final plans and specifications for the utilities extension to the Meadow Oak Subdivision, provided a signed agreement has been reviewed and ap- proved by the City Attorney that would indicate that the d"elopers are responsible for all costs associated with the plans if the project should not proceed as planned. In authorizing the preparation of final plans and specs, it was noted that the project was not yet ordered to be made, but that the public hearing regarding the actual ordering of the improvement will be continued until the January 10th, 1983 Council Meeting at which time the developer should have full title to the property. (See Resolution 1982 064). 7. Public Hearing - On Adoption of Resolution on Proposed Assessment Rolls for 82-1 improvement Project. B. Consideration of Change Order 01 with Omann Construction on the 82-1 Improvement Project. The 1982-1 Improvement Project consisted of street im- provements along 7th St. between Ilwy 25 and Cedar St. The total project coat was estimated at $56,190.96, of which 1008 wan proposed to be assessed to the benefited property owners. As part of the project cost with Omann Construction Comp- any, a change order in the amount of $3,572.50 has been submitted by the consulting engineer for approval. Of the $3,572.50, the contractor was requesting $1,050.00 for the removal and relocation of one existing catch basin. John Simola, Public works Director, in review- ing this item noted that the City was not aware that this item would be added to the construction coot and noted that during the preconotruction meeting with the eontroe- tor, a number of ways were discussed with the contractor on how the existing catch twin could be either be re- located or attached to the system. At that time, no additional compensation was requested by the contractor, and as a matter of fact the contract and plana indicate that the existing catch basin would have to be connected at no additional compensation. As a result, the public Council Minutes - 12/13/82 works director felt that this entire $1,050 item should be deleted from the change order. Also, it was noted that the retaining wall built along 7th Street cost approxi- mately 258 more than the original estimate, but it was de- termined that extra work was done by the contractor jus- tifying the additional amount. if all construction costs including the entire change order #1 along with engineering fees and other related expenses were calculated, the total project cost would be $56,190.96, proposed to be assessed as follows: Perkins Restaurant $17,949.01 Americ Inn Motel 13,102.82 Cemetery Property (City) 25,139.13 TOTAL $ 56,190.96 In regard to the change order request 01 by Cmann Con- struction Company, a motion was made by Fair, seconded by Maus and unanimously carried to approve change order N1 on the 82-1 project at a maximum dollar amount of '•.. 72.50 but -..:cr_t.. ing the .n-Ulting - ty anginewr andpublicworks director to negotiate directly with l/ Onann Construction Company on the $1,050 item in quen- tion. As a result, the change order amount could be re- duced by up to $1,050 after negotiations. In order to establish the assessment rolls prior to the end of 1982, a motion was made by Fair, seconded by White -nd unanimously carried to adopt the resolution cotab- lishing the aosessment rolls for the 82-1 project as noted above but a notation was made that if negotiations between the engineer and the contractor resulted in a reduction of change order 01, this amount would also be deducted from each property owner's assessment. The assessment roll as adopted would Iwo over a 10 year period of timo with equal principal payments at 9i% interest rate. 9. Considoration of a Proles nal to Construct Elderly Houning and Utilize Tax Increment Financinq for the Acquisition of Property Recently Purchased from the Monticello Develop- mont Corporation. Mr. Joe Poehlor preaonted to tin Council a proposal for the development of approximately 20 to 25 units of moderate elderly housing in the City of Monticello. The proposal would be for tho property recently optioned by the City from the Monticello Development Corporation located on Council Minutes - 12/13/82 3 lots in Block 51. Mr. Poehler indicated that he is currently in the process of preparing plans for an apart- ment building and is also currently applying to the Farmers Home Administration for approval of this project. Mr. Poehler noted that as part of the Farmers Home appli- cation process, he would have to provide evidence that he has an option on land that would be suitable for build- ing his proposed apartment. As a result, Mr. Poehler re- quested the right to obtain an option from the City on this site so that his application can continue in the pro- cess. It was recommended by the City Staff that Mr. Poehler meet with the HRA Committee to present his proposal to them to see if it would meet with the HRA objectives for the property in question and if so, the HRA could possibly buy out the City's option on the Monticello Development Corporation's property and then the HRA could option with Mr. Poehler if the proposal seems feasible. In regard to the existing buildings located on the optioned prolx rty, it was recommended by the Council that the City Staff pursue options available to remove the buildings from the site. One possibility would be to got quotes from a contractor on removal and demolition of the buildings, while another possibility would be to have the fire depart- ment burn the buildings during a fire drill. This item will lw discussed by the Council at a future date. 10. Consideration of a Preliminary Plat of the Meadow Oak Sub- division. Mr. Jim Boyle, along with his associates, Dick Knutson and Bob Bemboom, developers of the proposed Meadow Oak Sub- division presented to the Council their preliminary plot proposed on approximately 177 acres of land. The pre- liminary plat indicates that there will be 76 executive home sites, 244 single family detached manufactured hous- ing sites and 204 to 21G manufactured housing attached sites. In addition, the developers are proposing to schedule the development of the plat in phases with the first phase consisting of 31 executive home sites and 39 manufactured detached hctno sites. The first phone of the development will coincide with the installation of sewer and water utilities as previously requested. The pre- liminary plat has been reviewed by the consulting engineer and consulting city planner who have made their comments available to the dovol.opors in regard to mooting all of the city ordinances, etc. Council Minutes - 12/13/02 i i Mr. Dick Hnutson noted that all park trails, landscaping, etc. will be done in phases along with the actual development of the lots. In addition, they plan to build 5 model homes with three of the homes being dynamic homes and 2 manufactured type homes from Homera, Inc. The Planning Commission at their earlier meeting recommend- ed approval of the preliminary plat as presented contingent upon the developers incorporating into their plat all of the comments recommended by the City Planner and City Engineer. Li addition, the Planning Co-mmission noted that only manu- factured sectional housing would be allowed in the manu- factured home sites and that the executive home sites would contain only custom built or manufaeturnd housing that meets the State uniform Building Code. A motion was made by Maus, seconded by Fair and unanimously carried to approve the preliminary plat for the Meadow Oak Subdivision as presented contingent upon the developers adhering to the comments submitted by the City Engineer and City Planner in regard to changes that would have to be made on the final plattinr. 1n add ti^n, it was .._`cd that the manufactured home sites could contain both manufactured Housing and sectional housing but that the executive home sites would only contain housing that met the uniform Wild- ing code of the State of Minnesota. 11. Consideration of Change Orders 072 through 000 with the Paul A. lA urence Company on the Wastowater Treatment Plant Construction Contract. The following change orders wore recommended by the City Engineer and Public works Department on the Wastewater Treatment Plant Construction Contract. Change Order 072 - The installation of an additional line between the sludge supernatant draw -off pipe lino and the return flow drain line of the digesters. Coat is $2,174. Chanqn order 013 - The addition of supplies and materials needed to start up the laboratory program, $2,295.00. Chango Order 074 - Concrete landing pads outside of doors at the treatment plant to meet the uniform building coda rogulationu, an additional S850. Council Minutes - 12/13/82 Change Order 175 - A deduction of $1,000 to correct the total contract figures that were in error between change order 169 and #70, deduct of $1,000. Change Order 176 - The addition of semi-automatic flow controls for the return activated sludge pumps, an ad- ditional $2,553. Change Order 177 - The addition of 15 sample ports at vari- ous locations on the sludge and supernatant lines, ad- ditional $2,628. Change Order 178 - The relocation of the discharged duct in the preliminary operating room to provide head room clearance for the odor control discharge duct, an ad- ditional $215. Change Order 179 - The addition of water lubrication in lieu of self lubrication for the raw sewage pumps and the equalization transfer pumps. An additional $2,162.00. Change Order 180 - An extension of the contract from December 31, 1982 to June 1, 1982 to allow the contractor to to --"'fete all lards_ c a work, etc. ..- change. A motion was made by White, seconded by Maus and unani- mously carried to approve change orders 172 through 180 with the Paul A. Laurence Company on the Wastewater Treatment Plant Construction Project for a total ad- ditional amount of $12,977.00. 12. Reconsideration of a Request for John Sandberg to Reimburse for Sower Rack Un. At a previous Council meeting, Mr. John Sandberg had re- quested that he be reimbursed for $860 worth of repair work done on his sower line at his residence on River St. At that time, Mr. Sandberg felt that the City should be responsible for the sewer problems he was incurring. Thu Council at that time offered to reimburse Mr. Sandberg for one half of the $060 but Mr. Sandberg has now indicated that he will not accept partial payment that was offered by the City but continues to insist that he be reimbursed for the full $860.00. 0 Council Minutes - 12/13/02 Mr. John Simola, Public Works Director, noted that he has been attempting to gain access to Mr. Sandberg's property for the purpose of obtaining sewer line elevations, etc. in an effort to gather more information regarding Mr. Sandberg's claim. To date, he has not been able to obtain access and as a result, it was the concensus of the Council to table any action regarding Mr. Sandberg's request until more information can be obtained by Mr. Simola. 23. Consideration of Adoption 1983 Sewer Rates. The new sewer user ordinance recently adopted by the City will become effective January 1, 1983- This new ordinance provides formulas for determining the 1983 sewer rates so that users will pay proportionately and fairly for the operation and maintenance of the Wastewater Trentment facility and sewer collection system. Based on the 1993 budget, the City needs to raise to $200,490 in revenue to maintain the sewer collection system and the operation on the Wastewater Treatment Plant. The new sewer user ordinance provides that industry will be monitored and charged based on not only the amount of flow that is contril+uted to the system but also based on the amount of BOD and suspended solids that are also con- tributed. Residential customers will be billed Wood on flow only. Public Works Director, John Simola, presented to the Council his calculations uacd at arriving at the now rate scructuro for non industrial users which in proposed at a $1.28 ler 100 cubic feet. This amounts to a 21.9* increase over tho old rate of $1.05 per 100 cubic feet and the now rate schedule would read as followul GOTEi All declining scalow aro hereby discontinued. Aillinq will continue to ho quarterly. Rosidentlalu Water motor usage for winter quarter January to March shall be used for computation. Billing ae follows; First 0 - 500 cubic foot. - $8.00 minimum billing - per quarter. Over 500 cubic feet - $1.20 par 100 cubic foot or portion thereof per quarter. a Council Minutes - 12/13/82 Commercial, Institutional, Governmental: Actual water meter usage or measured flow for each quarter shall be used for computation. Billing as follows: First 0 - 500 cubic feet. _ $8.00 minimum billing - per quarter. Over 500 cubic feet = $1.28 per 100 cubic feet or portion thereof - per quarter. industrial: Actual water meter usage or measured flow and measured total HOD• and total Suspended Solids - per each quarter. Billing as follows: Flow: 0 - 500 cubic feet - $6.00 minimum billing par quarter. Over 500 cubic feet - $.68 per 100 cubic feet or portion thereof per quarter. BOD: $.133 per pound per quarter TSS: $.183 per pound per quarter *NNE: By testing as prescribed in discharge/pre-treatment permit. Rnsnd on thn naw rata anhnA,il n, ..nr:nA„gr.-inluners are anticipated to contribute $167,079 in revenue with remain- ing $33,411 being attributable to the only major industrial user, Wrightco Products. A motion was made by Mous, seconded by White and unani- mously carried to adopt the new sewer rate schedule for 1983 as presented for residential, commercial and in- dustrial. (Sac Exhibit #1) 14. Consideration of Sewer Nochanic and pretreatment Ordinance. As part of the CPA Regulations, the City of Monticello is required to develop ane..1 enact an ordinance to control sewer discharges and industrial pretreatment. This regulation requires that the ordinance be drafted in rough form by the 90a payment level at the Wastewater Treatment Plant which has already occurred. Tho ordinance is then required to bu enacted into law by the and of the current budget period which wan December 31, 1982, but has been extended to Juno 30, 1983. The ordinance was originally scheduled to cake affect Jon- uary lot, 1983, but an extension has been granted for a month or two to enable the major industrial user, Wrightco Products, an opportunity to review the proposed ordinance. Council Minutes - 12/13/82 A motion was made by Maus, seconded by Fair and unanimously carried to table any action on the proposed sewer discharge and pretreatment ordinance until the January Council meeting to enable wrightco Products more opportunity to review the proposed ordinance. 15. Consideration of a Request by Property Owners to Have Special Assessments Reamortized. A petition was presented to the Council by a majority of the property owners originally assessed under 78-1, 79-1, 80-1 and 80-2 and 81-1 and 81-2 improvement projects. The petition, in effect, requested that the City Council consider reassess- ing the properties involved in these projects from their original five year and ten year period of assessments to 20 years. As part of the petition, the affected property owners are requesting that the City consider changing its assessment policy which requires that all outstanding assess- ments be paid in full at the time of the issuance of a cer- tificate of occupancy for new buildings. The primary concern of the petitioners was that economic conditions have changed since the projects were originally assessed and it is now becoming a hardship for the property owners to keep their payments current under their present anaersment formula. Commento wore also expressed by some of the property wnern that the current five and ten year assessments are a hinderance to commercial and industrial development due to the largo annual payments and also due to the fact that the aoseosments cannot be assumed. Indications were made by some of the petitioners that if the asseoumonts were recalculated and spread over 20 yearu, many of the property owners would be able to bring the do- linquent aososamento current. In addition, it was felt that if the assessments were reamortized over a longer period of time, the City is more likely to receive the annual payments since they will be smaller in amounta, whereas under the present formula, many property owners have not been able to pay anything. It was the Council's concensus to take the petition under advisement and noted to the petitioners that the item will be reviewed with our bonding consultants, etc, to determine what ramifications, if any, there would be in extonding the assessments over a longer period of time. Many items have to be considered including the city's bond rating, and cash flow requirements to determine whether the assessments can be reamortized over a longer period of time. Council Minutes - 12/13/82 16. Consideration of Proposals for a Water Tower Maintenance Contract. The City's current contract for water tower maintenance with Water Tower Paint and Repair Company of Iowa has recently expired. The past contract included cleaning and repairing every year the interior wax co&ting with a new exterior paint job every five years. The old yearly cost was $927 and the new contract proposal would amount to $2,135 per year for the five year contract. It was noted by the Public Works Director that the wax coatings are becoming out dated as they do not offer the protection or longevity of the new epoxy type coatings. Although the epoxy coatings cost more initially, it would result inalower yearly cost due to the longevity of the new _epoxy coatings. A representative of Water Tower Paint and Repair Company was present at the meeting and noted that the City could enter into a five year contract to repair the wax coating anytime upon written notice and could change to an epoxy coating with the contract being rewritten at that time. It was also noted by the Public works Director that if a contract was entered into for the services of maintenance of the wax coating only on a yearly basis, with the elimi- nation of the exterior painting, the cost could be reduced to $1,355 per year on a five year contract. A motion was made by White, seconded by Maua and unanimously carried to approve entering into a new five year maintenance contract with Water Tower Paint and Repair Company for clean- ing and annual maintenance of the wax coating interior for $1,355 per year with the understanding that the contract can be cancelled at the and of each one year period of time. The now contract would not include a five year exterior pint job. The painting of the exterior of the water tower would be bid at the actual time it was determined painting was necessary. 17. Consideration of 1982 Budget Transfers. A motion was mado by White, seconded by Maun and unanimously carried to approve the following transfers: Council Minutes - 12/13/82 19. Approval of the Dills. A motion was made by Phil White, seconded by Fran Fair and unani- mously carried to approve the bills for the month of December. Meeting Adjourned. �Z- ow.- Rick wolfstoll r Assistant Administrator Item Amount Transfer From Transfer In Wastewater Treatment Const. Allocated 9/22/80 $112,929.00 Revenue Sharing Sewer Allocated 9/26/81 87,151.00 Revenue Sharing Sewer -Fire Department Tank Truck (City Share of Costs) 12,939.77 Capital Outlay Fire This amount is for chassis only. Balance of transfer will be done in 1983 when truck is delivered. 'Pole Barn at maintenance building. 21,974.81 Capital Outlay Street 1982-1 Const. Fund (7th St. Improv) 56,033.89 Capital Outlay 1982 Const. Fund. I,oan from City to IiRA for purchase of Oakwood Lot 73,501.67 Capital Outlay General TIF 18. Administrator's Report on the Effects of Action Taken Durinq the special Session of the Minnesota LCglslature. City Council Members were informed that the new budget bill pass- ed by the State Legislators resulted in the City of Monticello receiving a cut of 1.15% of the sum of its local government aid payable for the year 1982. 19. Approval of the Dills. A motion was made by Phil White, seconded by Fran Fair and unani- mously carried to approve the bills for the month of December. Meeting Adjourned. �Z- ow.- Rick wolfstoll r Assistant Administrator Council Agenda - 1/10/83 AGENDA SUPPLEMENT 2. Oath of Office - Officers Elected in November. I have placed the oath of office right after the call to order so that each person is officially sworn in prior to the adoption of the minutes. It is my understanding from the reading of the Statute that all persons elected at the November election will be required to take the oath even if it is a re-election. I have enclosed for your review a copy of each of the types of oath you may elect to take. Statute provides for an oath of office that makes no reference to God nor has any religious overtones. You may choose whichever oath you wish to take. If all three of you elect to take the same oath, I will issue the oath collec- tively; if anyone :ashes to take an oath different than the other two, I will issue the oath twice. Once the oral oath is given, I will ask you to sign the copy of the oath and these will be filed as a permanent record. 7. Meadow Oak - CunLinudLiutn of d Public iiudr'inq. I have talked with Bob Bemboom today and the land sale is estimated to be concluded by January 24, 1983, which is also the date the plana and specifications are due to be completed. For the purpose of this public hearing, it should be simply con- tinued one more time. Then on the 24th, the action would be to close the hearing and based on the success of the plat and the plans and specs and all other arrangements, then the public improvement will be ordered and we will call for bids on the project. For this particular meeting, however, there is no action required except a motion and second to continue the hearing to the next meeting. 6. Consideration of a Personnel Iaauo Coneernina Mr. Loran Klein. This is a particularly difficult iosuo to prooent to you in the agenda supplement. Because the supplement is often times made public and the delicate naturu of this issue contains information that by law can bo hold as privato and/or confidential, I am re- luctant to prooent too much information in here. What I can say is that Loren has boon attending sessions with hie tharapintl I have mot with Mr. Pringle, the City Attorney, on this matter in order to brief him and prepare him should any deciniori of this - 1 - Council Agenda - 1/10/83 result in litigation. I have asked Mr. Pringle to attend the Council meeting. Mr. Klein has indicated that he would, per- haps, like a private session in front of the Council in order to answer questions or perhaps reveal information concerning his therapy that he doesn't feel the public has a right to know. I informed Mr. Klein that a closed session could be possible solely for the purposes of revealing any information about his therapy that he feels should be kept confidential, but in no way can the Council take any type of action or make any decisions in such a closed meeting. I have not at this writing heard from Mr. Klein to see if he will confirm his request for a private information session. Again, because of the delicate nature, rather than go into extensive discussion of the issue, I strongly encourage each of you individually to make an effort to meet with me so that I may brief you on as much as I can. I should also note that I have given my word in soma instances to Mr. Klein that I would not reveal certain confidential aspects that may be revealed to me. I did note that if it would have a direct affect on the decision that must be made by the Council, I cannot honor the confi- dentiality request. Because time is limited, please feel free to call me over the weekend if you wish to discuss this. C -2 Council Agenda - 1/10183 7. Consideration of a Request for a Conditional Use Request - Dr. Clarence Me Carty. Dr. Clarence McCarty, who resides at 319 West 3rd St. (Lot 2, Block 37) has requested a conditional use permit to be allowed to establish a commercial retail activity in an R -B zone. Dr. McCarty requested the permit to be allowed to open and sell at retail a variety of birds from his proposed pet shop to be located at his home. According to our zoning ordinance, a conditional use permit is required for a retail, commercial activity in an R-8 zone pro- vided that certain conditions are met. Dr. McCarty currently raises birds as a hobby and is requesting permission to occasionally sell and buy exotic birds. in addition, he pro- poses to occasionally sell related items such as bird cages, bulk feed, etc. The proposed retail activity would take place in a separate barn type structure that is located on the property approximately 60 feet from his home. The Planning Commission hold a public hearing on this con- ditional usC req,n„gr nes mMr 13, 19A2 nt which time a lettor ( was suixnitted by Anthony and Colloen Rowan who live at 400 \. Wost 3rd St. who indicated opposition to tho establishment of the pot shop. The Rowan's felt that the commercial activity ouch as Dr. McCarty was proposing would continue to devalue their property and result in increased traffic problems. The Planning Commiesion recommended that the conditional uae permit be granted provided that the following conditions were mot. 1. That the business be a family husinoss only with only family members employed. 2. The rotail activity be associated only with birds and not be opon to othor animals associated with a normal pot store. 3. That off street parking In addition, tho Planning Commission noted that the McCarty residence is located in a block that la now half commercial and felt that thio location would be ouitablo for a minor retail activity suets no Dr. McCarty was proposing. POSSIME ACTION: Consideration of approving or denying tho conditional use request for a pot retail shop subject to any conditions the Council may wish to attach. REFERENCES: A map indicating tho location of the property and a copy of tho ordinanco eoction referring to tho conditions that aro roquirod and a copy of the Planning Commission minutes along with tho lettor of opposition from Anthony and Colleen Rowan. - 3 — {pl Ratail commercial activities provided that. 1. Merchandise pis sold at retail: 1. The retail'tetivity is loeatei within a structure whose principal use is not cow-torcial Giles. . 1 Tho retail activity shall itot'occupy more than fifteen t1)} peretnt of the gross floor area of the building. 8. The retail activity is not located within a s�r,lcu,r� wiloso principal use is residential. 5. No directly or indirectly illuminated sign or signs in exces of ten (10) square feet identifying the name of the busianse shall be visible from trio outside of the building. 6. No signs or posters of any type advertising products for sale shall be visible from the outeldo of the building. 7. The provisions of Section 10.7)-1 (g) of this Ordinance aro considered and eatistactorily ant MINUTES SPECIAL SPECIAL MEETING - MONTICELLO PLANNING COMMISSION December 11, 1982 - 5e30 P.M. Members Presents Jim Ridgeway, Joyce Dowling, Pd Schaffer. Members Absent, John Bondhus and Richard Carlson. 2. Approval of the Minutes. A motion was made by Dowling, seconded by Schaffer and unani- mously carried to approve the minutes of the special meeting held on November 23, 1982. 3. Public Hearinq - Conditional Use to Establish a Retail Activity in an R -B Zone - Clarence McCarty. Dr. Clarence McCarty, who resides at 319 west 3rd St., Lot 2 - Block 37, requested a conditional use permit to be allowed to establish a commercial retail activity in an R -B sone. Dr. Mc- Carty requested the permit to be allowed to open and sell at retail a variety of birds from his pot shop to be located at his home. Dr. McCarty noted that he currently raises birds as a hobby and wanted permission to occasionally sell and buy exotic birds. In addition, he would be possibly selling related items such as bird cages, bulk food, etc. The proposed retail activity would take place in a separate barn type structure that is located on the property approximately 60 feet from his hams. A latter was submitted by Anthony and Kathleen Reran who live at 600 wset 3rd. St. who opposed the eetabliahmsnt of a pot shop. Tito Rowans felt that commercial activity such ea McCarty was proposing would continuo to devalue their property and result in increased traffic problems. The Planning Commission noted that the McCarty residence is located in a block that is now half commercial and felt that this location would be suitable for minor retail activity. Thorofare, a motion was made by Dowling and seconded by Schaffer and unanimously carried' to approve the conditional use permit to establish the retail activity provided that the following conditions were met. 1. The business be a family business only with only family members employed. Planning Commission Minutes - 12/13/82 l 2. The retail activity be associated only with birds and not be open to other animals associated with a normal Pat store. 3. That off street parking be provided. Public Hearing for the Development Stage of Planned Unit De- velopment - Meadow oak Subdivision. Mr. Jim Hoyle, along with his associates Dick Knutson and Bob Bemboom, developers of the proposed Meadow Oak Subdivision, presented to the Planning Commission their preliminary plat consisting of approximately 177 acres of land. The prelimi- nary pint indicate• that there will be 76 executive home sites. 244 single family detached manufactured housing sites, and 204 to 216 manufactured housing attached sites. It was noted that the proposed development will be done in stages with the first phase consisting of 31 executive home sites and 39 manufactured detached home sites. The first phase of the development will coincide with the installation of sever and water utilities which is expected to be completed by summer of 1983. The preliminary plat has been reveiwed by both the City Engineer and City Planner who have made their comments avail- able to the developers in regard to meeting all of the City's ordinances and other regulations regarding PUD developments. Mr. Dick Knutson also noted that all park trails, and land- scaping requirements will be done in phases along with the actual development of the lots. In addition, they plan to build S model homes with three of the homes being built by Dynamic Fomes, Inc. and two manufactured type homee from Homers. Inc. A motion was made by Schaffer, seconded by Dowling and unani- mously carried to approve the preliminary plat for the Meadow Oak Subdivision as presented contingent upon the developers adhering to the comments submitted by the City Engineer and City Planner in regard to changes that would have to be made on the final platting. In addition, it was the Planning Commission's recommendation that the platted manufactured home sites could contain both manufactured housing and soc- tionai housing but that the executive home sites would only con- tainHousing that met, the uniformed building code of Minnesota. 140 tlap Adjourhed, 4_7ZZ&� Rick Wolf ate er Assistant Administrator a? Ple., /3 ! F:7 I Council Agenda - 1/11/83 B. Consideration of Chance orders 0B1, 082, and 083. Change Order 081 - This change order involves restoration in- cluding sodding and seeding outside the limits of the orginal fence line. It also includes restoration of that portion of the property between the new fence and Hart Blvd. This res- toration was not included in the orginal contract. Total cost is $6,468.00. Chanqc Order 082 - As built, the sludge and sewage from the bottom of the clarifiers free flows thru the pumps and piping and overflows the sludge thickne r continually. This is due to the thickner being at an elevation below the clarifier. To correct this problem, it is necessary to provide a re- striction in the piping so that sludge may pass only if pumped. This change order provides a diaphram air operated value to provide the necessary restriction. Only enough air pressure to stop free flow will be applied to the diaphram. The cost of this change is $3,194.00. Chanqe Order 083 - OSHA Safety Regulations require a drench shower and eyewash station in tt..e immediate work area where such hazards exist. At the WWfP , two such areas exist whore sovore accidents could occur. One is the lab for obvious reasons, the other is the boiler room where the odor control chemicals aro stored, mixed and und. The original plane and specifications do not include these items. The total coot of this change is $3,840. If tho above change orders are approved, the contingency blance would be minus $84,346.00. -4- T --r-- r AM CONTRACT CHANGE ORDER 41M$ 119-011@3 .9-1 peylram 6NR'SCNEtiNNMAYEAON b ASSOCVtTES. INC. 0,14I]h W •Ib01 CONbAt.w Tl w.0 If:]. /debt ..f+wf nw •rl WET/ 16111011, a 33, am T.Y.. now o.travor Paul A. Laurence Co. Change Order No. 81 dd,ef P.O. Box 1267, 10000 Highway 55 West Field 01011111. No. 113 Minneapolis, Minnesota 55440 Project No. 068-2746.01 Job Locef lo. Monticello, Minnesota EDA Orent deC270855-03 in occordance with the torus of your contract dated November 20 1980 elth City of Monticello Owner for WWTP Upgrading and Appurtenant Work yw are hereby requested to CpaDly with the fol Io■i ng dhonges from the contract plans and specl f stat Ions: Oescr lot Ion and JYat It lCat Ion: - Rater to FIaid Hodlf 8113 (Attaahod) . This chanoe order provides for additional seeding and sodding in coordination with the expanded fence limits to ensure adequate erosion control and turf restoration. -.ee►down of Costs this Change Order: 4Labor ! E4ulpsuntMaterial Prof It 4 Overhead Total Add I $3,875.00 1$1,750 $843.00$6,468.00 Asouni of Original Cohtradt: 1 4,704,000.00 54treat Thru C.O. #_U Total addition Total Deduct ,915,943.07 1 $6,468.00 0,111.61 Con+Irgancieo ()1) 1 Cont. Thru C.O. / ( Md This C.O. I Deduct This C.O. Thera ails be an Orton$Ion of D_. data for completion. Total Celiac? ZZTO'f al ConTh 1 { trastC.D. 18 1 $4,922,411.07 Mat Rahslalfg Cont l Agan t Is$ 1-9- airs of the cacie*lo• of Contract was, Y.a}' 31 ,9B3 and nov $111 W May 31 1983 . .ce;ted by Data SIIT•ad {pntret o• 1 % asciended by 004 Signed 307'($2 I ri I near fDDr owed bt Date Sld•ad 1. •4 38M CONTRACT CHANGE ORDER .twhnee wahnta 'Ass aeattact wAwAm)011411-SCOMILAWMAYERON 8 ASSOCIATES, INC. o..40.+ ..ow cc`uW ...tll .ac ey+a.St wt*w(t,w trE Lotti ta)anw,.F..p.,i v., 1M,}mta D,etaaTw. NOW contractor Paul A. Laurence Co. Change Order 4o.82 Address P.O. Box 1267, 10000 Highway 55 West Field %odic, wo.102 Minneapolis, Minnesota 55440 Project No 068-2748.01 Job Location Monticello, Minnesota EPA trent ftS270855-03 In accordance with the terea of your contract dated November 20 1980 alto City of Monticello 0-cr ,o• WWTP Upgrading and Appurtenant Work sou are hereby requested to eor.piy with the following charges from the contract plans end speclflcotlonsr Description one justification: - Rater to (1010 feedlf f1 0 2 (Attached) To insure that the sludge transfer rate will not exceed the sludge accumulation rate in the clarifiers, it is necessary to install a valve in the s"L;tae line rroducinq nn Additional hydraulic head in the piping system. ereesdohm of Costs this Charge Order: r ,� Labor EOulpmenIMaterial Profit 4 0.0rtheed ' Terser Add Total Deduct $540.00 I $2,237.00 I $417.00 $3,194.00 Amount of Origlner Contract: % 4.704,000.00 Tors) Contract contract Thru C.O. /_] Total Addltlon Total Deduct Thru Th It C.O. 0 8 2 1$4,922,411.07 $3,194.00 ` 1$4,925,605.07 0,191.81 Contingencies t3f) l W Rata I n i ng Cont. Thru C.O. jr— Add This C.O. Deduct This C.O. Cont Iap,C les There •til be an torrential, of 0 days for compies(on. The da -e of the cvpletiar, of Contract was Flay 31 , -43 and nor writ be May 31 19 81 Acce,red by Dose Swed } Cont, cror .r i I secowrndea by -'� ,a•e Std*toer Cwgineer -polo-od of n li CONTRACT CHANGE ORDER intra uaeuu We srertroo OM7.SCHELEN MAYERON a ASSOCIATES. INC. sw-I ua Ddds CwaVt l.wts mcA7, )pet wlwwir�wp,l W�•17n -lerW-a rwaMt7teta»taaMTw. ,saes 7.onlraclor Paul A. Laurence Co. Chenge Order No. 83 "dress P.O. Box 1267, 10000 Highway 55 West' field Radio. No. 127 Minneapolis, Minnesota 55440 project "D. 068-2748.01 Job Locetlon Monticello, Minnesota Ep, Oren, NpC270855-03 to eccordence with the torus of your contract dated November 20 1980 hill. City of Monticello Owner for WWTP Upgrading and Appurtenant Work you are hereby reduested to caspty with the tot lorl ng changos tra• the contract plans and specif lest laps: Description and Justlflcatlon: - Refer to field Modlf #127 2 7 1Atteched) in accordance with code recommendations, two (2) emergency drench showers and eyewashes are required in areas of exposure to chemicals or corrosive materials. sol"own of Costs this Change Order: L spar Eau 1 patent ( Ma t e r l a lp Profit • Oulrhead Tdla 13 b0 Total Osdllct 51,540.00 I 51,800.00 I S500.00 I 53,840.00 1 Amunt of Original Contract: / 4,704,000.00 111 Tda1 Contract Contract ThruC.O. QZ Taut Addition ' Total Deduct TAre Thla C.O. /�i 54,925,605.07 I 53,840.00 S4,929,445.n7 Original Contingencies O11 1 tart Raea I n I n0 Cont. Thru C.O. / I Add f41a C.O. I Deduct This C.O. Carl Iagencl as I There will be an srtens Ion Of 0 dors for c/lplatlat. The aloe of the ctlpletlon at Contrset les May 31, , 19 83 end woe 1111 f» May 31. , 19 Rj ;opted by Des Slaned Coar,01.-,,, r (/jamRecommended by .J �'C'���' / Date Stowed Engineer N V wppro,ad by Date Sloped Owner 1 Council Agenda - 1/10/83 9. Consideration of Annual Appointments. Minnesota Statutes require that at the first meeting of the new year certain appointments must be made. According to Gary Wieber, past practice has been to pass a single motion adopting all appointments in a single concensus move. This strikes me as a perfectly efficient way of making these appointments. Thus, I am submitting to you a list of the appointments required and requesting that at the completion of discussion, a single motion be passed adopting the schedule of appointments as amended. a) City Depositories - As in the past, you have designated three official depositories and I have submitted the same three this year. b) City Newspaper/Monticello Times. c) Planning Commission - This apparently requires re- appointment of all five members on an annual basis. Two of the present members have indicated their in- tent to withdraw from the commission. Those members are John Bondhus and Jim Ridgeway. Two names have been submitted to me of persons who are interested in working on the Planning Commission. The first is Don Cochran who presently serves on the HRA. 1 think this would be a good appointment for two reasons. One, Mr. Cochran has a professional plan- ning background and two, because he serves on the HRA, he would be an excellent liaison person be- tween the Planning Commission and the HRA. As an aside, the IIRA has agreed that open communica- tion with other bodies is absolutely essential. As a result, the HRA has Bud Schrupp who also serves on the Downtown Parking Committee and on the Busi- ness 6 Industrial Development Committee who would be able to keep both bodies informed of what the other was doing. The HRA lies Dr. White who,though no longer on the Council, is a recent council member and could maintain that rolationehip on behalf of the IiRA and the Council. With the appointment of Mr. Cochran to the Planning Commission, we would then have a peroon who would be nerving on each of those bodice and be able to keep communication channels open. The other individual who is inter - anted in n planning commission appointment is Jerry Baoyen, the Pootmaotor. Ito has attended several Planning Commiseton mootinga recently ea wall as Council meetings. Ito has vicitod with me on a couple of occasiono to oxpr000 his interest in the - 5 - Council Agenda - 1/10/83 Planning Commission and in the development and growth of the City. John Bondlius recently said he thcuglit Daryl Tindle might be interested also. I am not familiar with the name and have not been able to get ahold of this individual to confirm his interest. I hope by Monday night Ihave contacted him and can pro- vide you with this information. Because I have heard nothing from the remaining three members of the Plan- ning Commission,Iam assuming they wish to have their appointments renewed and remain active with the Com- mission. d) One Member of the HRA - As you recall Dr. White was appointed for a term of approximately one month to fill the vacancy created by the resignation of the person whose term expired on 12/31/82. I talked Monday, January 3rd, with Dr. White and he has agreed to accept another appointment for the regular term of the appointment. c) Health Officer - Rick Wolfateller informs me that historir.Tlly, nr. Mnus has been appointed health officer. Since the duties and service of the health officer,os well as the compensation, is extremely limited (nil) I suggest you simply renew the appoint- ment. f) Library Board - Re -appointments for 1983 aro for Pat Schwarz and Dr. Donald Maus. Loren Klein has informed me that each of these individuals wish to be re- appointed. Loren also informed me that Erwin Kallin wishes to reoign his post leaving a vacancy for a one year appointment. Loren informs me that the members of the board have diacusoed the appointment with two individuals, warren Smith and Bob Jameson, and would recommend an appointment of one of those two individuals. g) Consulting Engineer - This is not an appointment that is required to be made annually, but has apparently become a practico hero to do no. Considering the amount of money that we spend for engineering services, I do not think it is unreasonable to ask OSM upon reappointment to undergo an evaluation with tho City Council. All too often with consultants, the initial relationship that was estnblished tendo to got loot or distorted through the range of services. I suggoot we investigate the possibility of sitting down with John Badalich and going over at length, the level of sorvice rendered and the typo of expectations Cha City has of OSM and that OSM may have of the City. Wo annually ovaluato our - 6 - Council Agenda - 1/10/83 employees on their performance, should we do any less for our consultants. Based on some of my observations. I am of the opinion that some of our engineering services can be trimmed in an effort to help us meet our budget crunch, but these should be clearly understood by all parties involved so there are no hard feelings. h) Consulting Planner - This position, like the consulting engineer, does not by Statute require an annual appoint- ment but is good practice to reaffirm the appointment annually. Howard Dahlgren and Associates have been our planners for sometime, but I think that as I suggested for the engineer, we also request an evaluation session with them so as to clearly layout our expectations of one another. i) City Auditor - This is also an appointment that would not necessarily be required annually. Gruys, Johnson has been our auditor and as near as I can tell have done a fine job for the City. It should be known that we do use their computer service which is really separate from their function as a City Auditor. I think the computer usage may be worthy of study during 1983, but this need not affect their appointment as City Auditor. J) Acting Mayor - This position is required by Statute to be made on an annual basis. you must select one of you, other than the Mayor, who in the Mayor's absence will nerve as the Acting Mayor. k,l,m) Representatives to Other multi -jurisdiction Bodies - Thess three are simply a matter of selecting the City Represent- ative to serve on each of these bodies. n) Downtown Parking Committeo - This in the five member committee, appointed annually, that directs its attention and efforts to solving Cha downtown central business district parking problems. Nona of the individuals on this committee have indicated to mo that thoy wish to be replaced so I presume that all five members can be re- appointed. o) City Attorney - Thio is currently Gary Pringle. I believe he and I are establishing a fine working relationship, but like City Engineer , City Planner and other consultants, I think it would be wine to oak him to sit down with us and undergo an annual evaluation. - 7 - L Council Agenda - 111OA3 I should notehere that the Library Board appointments and the HRA appointments are mayoral appointments with ratification coming from the Council,so that perhaps you may wish to con- struct the motion, something like, "I move that the following appointments be made and the following mayor's appointments be ratified". Lastly, at the January 24th meeting, I will submit to you the current membership of the Historical Society and the Senior Citizen's Center Council for your ratification. I simply do not have a detailed list of names available for this meeting. REFERENCES: Roster of all appointments and current membership. -B- CITY OF MONTICELLO COMMISSIONS FUNCTIONS AND DUTIES PLANNING COMMISSION --Jim Ridgeway --John Bondhus -Richard Carlson -Ed Schaffer -Joyce Dowling HOUSING t, REDEVELOPMENT AUTHORITY -Phil White Vic Vokaty Jack Reeve Don Cochran Bud Schrupp DOWNTOWN PARKING COMMITTEE Lowell (Bud) Schrupp Lloyd Lund John Poirier Marn Flicker Dennie Seitz LIBRARY BOARD Loren Klein Joel Erickson •Pat Schwarz *Dr. Donald Maus ••Irwin Kallin Marge Bauer BOARD OF APPEALS - Housinq 6 Buildinq Code Council with Mayor as Chairporeon MONTICELLO COMMUNITY EDUCATION ADVISORY COUNCIL - City Representative Fran Fair ORDERLY ANNEXATION AREA REPRESENTATIVES Arvo Grimsmo ACTING MAYOR -Philip Whits CITY ATTORNEY Gary Pringle AUDITORS Gruys, Johnson 6 Associatos CONSULTING ENGINEER , Orr-Scholon-Mayoron i Associates CONSULTING PLANNER Howard Dahlgren Associatoe •Reappointment ••Now Appointment OFFICIAL NEWSPAPER Monticello Times OFFICIAL DEPOSITORIES Wright County State Bank Security Federal Savings 6 Loan First Bank of Minneapolis JOINT FIRE BOARD - City Repreeentativo Rick Wolfstollor Council Agenda - 1/10/83 10. Consideration of a Special Request by OSM for a Payment of Fees in Excess of the Contract Amount. I find this to be a difficult issue. According to Mr. Badalich's letter, considerable extra time and effort was put into the design phase of this project. However, we do have a contract with OSM that says a certain percentage of the project cost will be the charge for plans and specs. It seems that while this project was developing and it seemed to be getting lengthy and more costly, the engineer should have made his request in advance or at least alerted the Council to the fact that considerable expense was being incurred and there was a likelihood that additional requests for funds would be coming in. Then, and at that time, the Council could authorize the extended work. Mr. Badalich notes that considerable draw- ings were done and time was spent on the retaining wall portion of the job; more than would ordinarily be done for a project. I think this too could have been noted in the beginning by simply stating that if you are requesting more than is ordinarily covered under our contract, we will have to charge more. The council could have then decided whether to go with the expanded version fully anticipating having to pay for it. I think some cunnideaa Liuu aJwulJ aln. w yivuu Lo Ll,c riacL Ll,aL Lh. engineering fees on a major project such as the treatment plant or even the upcoming Meadow Oak will be substantial. I pre- sume that the financial arrangements are such that, occasionally the profit margin is minimal or perhaps there might even be a loss, but that would be balanced out by the major improvement projects. Another reason why it is somewhat difficult for me is lacking the historical perspective. I presume that incidents such as thin have occurred in the past, but I am not aware what the Council's record of approval has been in those periods. My rocommendation is to encourage you to be consistent with past practices, if there in any. Although I am not in favor of making the payment as a general practice, I think this may be a matter that has to be discussed when we have the evaluation system with the engineer as I mentioned earlier in this supple- mont. ALTERNATIVE ACTION, 1. Deny the claim. This in baood solely on the terms of the contract agreement that allows them specific per- contago of the coot of the job. If in fact their ox- ponsoo exceed what they anticipate, that can bo in- terprotatod as a risk they take by being in their particular business. 2. Allow the payment to be mado. This would acknowledge that we requested greater service of OSM than or- dinarily would be required for a project his size. REFERENCESi A copy of the loiter from John Badalich of OSM, a copy of tho engineering services contract. M'10 - _- ORR•SCNELEN•MAYERONRASSOCIATE&INC. Consulting Engineers Division of Kidde Consultants, Inc. Land SUNeyors December. 20, 1982 Mr. Thomas A_ £idem, Administrator City of Monticello 250 East Broadway Monticello, MN 55362 Re: Monticello Project 82-1 7th Street Improvement OSM Comrn. No. 068-3253 Dear. Tom: This letter is being written to clarify and substantiate the enclosed billing for engineering services in conjunction with the preparation of plans anu Spec."ficutions or the refcre^CCL' project. " `"Pro'7�i.ct 82-1 was a long and costly project for us to prepare in that it took so long to decide and undertake by the City. it was time consuming in that it was considered early in 1981 and discussed at a number of council meetings before we were given the go-ahead in May, 1982. We provided cost estimates several times on street widths, types of construction and a number of alternatives relative to walls and slopes for the north side of the street. This approach takes time and costs money to prepare for these discussions. Normally, on construction projects less than $100,000, in other communities and for other clients, we work on a time and material basis based on actual salary costs times our. multiplier. From the enclosed billing, you can see that our engineering costs for plan and spectficatic>n preparation and contract administration for this project from its inception to completion of the construction was $8,188.1.8. This is far in excess of the fee allowed under our 1975 engineering contract wir_h the City based on a fee of 7-1/2% of construction costs. in this case, this amounts to $3,180.42. Because of the peculiar nature of this project, in that it took so long for a decision and the number of alternatives investigated (alignment of street, eloping, wall structure, etc.), I am requesting an additional engineering fee in the amount of $1,188 to help defray the large overrun we experienced on this project. t 2021 fast tiannopin Avenuo • Suito 238 • Minno©polis, Minnesota 55413 6121331-8660 TELEX: 29.0948 Page Two Mr. Thomas Eidem December 20, 1982 Normally, my time spent on a project is less than 158. In this case, it was 269 due to project discussions, several preliminary cost esti- mates and discussions with your staff regarding the street features noted in this letter. There were seven different types of walls proposed with drawings and cost estimates for each presented. Nor- mally, two or three types are presented. This took about double the hours normally budgeted for this work. Both of these additional items amount to well over the amount of $1,188 I am requesting as additional compensation. In fairness to the City, I will limit our additional fee request to approximately 10.54 of construction costs in accordance with the standard compensation guide we use in our industry. Therefore, I have enclosed our final billing in the amount of $4,362.92 for engineering services incurred in the preparation of plans and specifications and contract administration for Project 82-1. Your consideration and approval of this billing is greatly appreci- ated. Vonr.s ver.v truly, ORR-SCHELEN-14AYEROIJ PohSOCIIAATES, INC. P. Sadalich, P.E. President Enclosure '%46- r J /o INVOICE ( N �w ORR•St"HELEN • MAYERON a ASSOCIATES. INC. �Cons�ingEngirem Division of Kidde Consultants. Inc. Land Surveyors December 27, 1982 City of Monticello To 250 East Broadway Monticello, Minnesota 55362 Comm. No. 068-3253 Professional Engineering Service In conjunction with the preparation of plane and specifications and contract administration for the Street Construction and Appurtenant work on 7th Street for the City of Monticello, Improvement No. 82-1. DIRECT PERSONNEL COSTS J. Rhoden 10 hours @ $12.65 per hour $ 126.50 R. Duval 9 hours @ $14.55 per hour 130.95 R. Cornell 14 hours @ $12.59 per hour 176.26 C. 2don 1 hour @ $ 7.19 per hour 7.19 G. Kaesnezky 21 hours @ $11.99 per hour 251.79 '; Be a lich 26 hours @ $36.47 per hour 948.22 " im- Morse 35.5 hours @ $20.43 per hour 725.27 R. Keel ing 7 hours @ $21.36 per hour 149.52 C. Lepak 5 hours @ $19.97 per hour 99.85 G. Corr ick 12 hours @ $22.29 per hour 267.48 O. Domholt 13.5 hours @ S18.65 per hour 251.78 R. Husting 13 hours @ $1.3.12 per hour 170.56 E. Ames 2 hours @ $25.54 per hour 51.08 R. Stra nsky 10 hours @ $15.33 per hour 153.30 N. Brewster 5.5 hours @ $11.52 per hour 63.36 S. Buelow 7.5 hours @ $ 6.39 per hour 47.93 C. Ericson .5 hour @ $ 9.17 per hour 4.59 G. Miller 2 hours @ $ 6.78 per hour 13.56 S 3,639.19 Factor X 2.25 5 8,188.18 Costs in Excess of Maximum Fee and Additions (3,819.76) This Invoice (See pg. 2) $ 4,368.42 CONTINUED ON PAGE TWO 1 dnelarn under the pan elllesol pnrlurythnt This claim ulus ndcorr e t c`o�per_tol�lhnsbow PaW ... '•:-- 2021 East Hennnnin Avenue a Suite 238 a Minneapolis. Minnesota 55413 6121331.8660 TELEX: 29-0948 ORR-SCHELEN-MAYERON & ASSOCIATES, iNC. Page Two City of Monticello December 27, 1982 Final Contract knount ........ $42,405.56 Engineering Fee: 7.58 of $42,405.56......$3,180.42 1008 Now Due $3,180.42 Additional Engineering Costs Incurred 1,188.00 This Invoice $4,368.42 TOTAL AMOUNT OF THIS INVOICE IS $4,368.42 A. For the work described in Article III hereof, the engineers' fee shall be on a per diem basis for technical staff computed at 2.25 times technical payroll according to the attached schedule (Exhibit A) for the following amounts not to exceed the total sum of $25,000.00. 1. Comprehensive Storm water Plan $ 6,500.00 2. Comprehensive Sanitary Sewerage System Plan - 10,200.00 3. Comprehensive water Plan - 8,300.00 Total fee not to exceed $25,000.00 B. For the work described in Articles IV, V and VI above, the city shall pay the engineers a fee based on the actual construct- ion cost in place, including all equipment, material and construction labor but excluding engineering costs, land, legal fees, and finance charges. - - Z'd-f,:l.ti,L7,t.WblfL4a�t�lwa-wR:We.w.Y! aluyyww;st 1 T,. T,77 -777F - tiNw•�r lose a proportionate credit on the fees paid to the engineers for the preparation of the comprehensive plans prepared under Article III of this agreement. In determining the basis for the percentage fee payable to the engineers, the following provisions shall be applicable: 1. "Construction cost of the facilities", as used in this agreement means the total coat of all work designed or specified by the engineers for the project but does not include any payment to the engineers or other consultants, or the cost of acquisition of any necessary sites or rights of way, legal fees and finance charges. GENERAL FUND DECEMBER 1982 AMOUNT CHECK NO. Monticello Fire Department - Payroll $798.00 16727 Services at Library 115.00 16728 A-4soure - work program 224.00 16729 Gwen Bateman - Animal Impoundment Expenses 514.89 16730 State Capitol Credit Union - Payroll deductions 179.04 16731 Art Bitzer - Refund on tree 8.29 16732 U.S Postmaster - Stamps 174.00 16733 MN. Treasurer - PEM Withholdings 696.63 16734 Paul A. Laurence Co. - Payment 021 WWTP 60,477.00 16735 Wright County State Bank - open money market account 100,000.00 16736 Wright County State Bank - 3 month C.D. '.001000.00 16737 Banker's Life Insurance - Group Insurance 2,451.99 16738 Bridgewater Telephone - Telephone 113.07 16739 Buffalo Lock s Key - Service on city hall locks 28.50 16740 Tom Eidem - Misc. Mileage 31.50 16741 Tyson Truck Lines, Inc. - Freight on grader hlndes 26.04 16742 Mr. Dan Crocker - Refund on over charge on sewer s water billing. 281.20 16743 Tam Schumacher •• 72 hour work program 288.00 16744 James Preusse - Cleaning city hall 220.00 16745 Arve Grimsmo - Mayor salary 125.00 16746 Dan Blonigen - Council salary 100.00 16747 Fran Fair - Council salary 100.00 16748 Ken Maus - Council salary 100.00 16749 Phil white - Council salary 100.00 16750 YMCA of Mpla. - Monthly contract payment 258.33 16751 Corrow Sanitation - Contract payment 3,161.50 16752 err^ ? ^neo - •la^" ^;_ T1 secviuun 115.00 16753 C£-_V6ebil. Receipts 193.50 16754 t41�. Stat,OTreasurcr - Watercraft Receipts 141.00 16755 Monticello Township - Local government aid paymonts 5,753.51 16756 Roliday Inn - Brainers - Folio no. 0014408 - Seminar Fees 94.08 16757 Duluth herald - Laboror/Mochanic ad. 73,20 16758 Mpla. Star 6 Tribune - Laboror/Mechanic ad. 175.56 16759 State Capitol Credit Union - Payroll Deductions 179.04 16760 MN. State Treasurer - PERA Withholdings 1,984.03 16761 Wright County State Bank - Money Market 10,000.00 16762 Wright County State Bank - Federal Withholding Taxes for Dec. 1982 3,426.50 16763 Omann Cone. Company - Final Payment 02 on 82-1 Imp. Projoct 9,407.60 16765 Void --- 16764 Wright County State Bank - Money Market Account 501000.00 16766 Gwen Bateman - Animal Control for December 1982 619,38 16767 Northern States Power - Utilities for December 1982 8,180.55 16768 Olson Electric - Wiring polo shed, repairs, rewind motor at WWrP 1,106.18 16769 Bruce Dalbec, Inc. - Foundation at Bridge Park emorgoncy shed - slab 325.00 16770 Central Contractors Supply - Misc. Prato Toole for WWTP 1,559.46 16771 St. Paul Stamp Works - 100 dog toga 39.35 16772 Rick wolfatollur - Mileage 50.50 16773 Independent Lumber - Barn shod for pump at West Bridge Park 890.88 16774 Golden Valley Furniture - Stool for Library 194.50 16775 Lee Trunnull - Repair to Furnance at Fire Hall and install rack 40.00 16776 Monticello Times - Publishing, otc. 273.10 16777 Northwostn,vi 13a11_Talophone - Piro Phone 36.43 16778 `-" Kioua safety supplies - WWTP w 348.00 16779 . �. "�avte lilnc tropic Service - Pa gar Batteries 6 Ropeira 140.65 16740 Metropolitan Fire JAuipmont - Portable air tank Compressor 3,865.00 16781 Cantruy Lab - Liquid Car wash, bucket, mop, OOtc.� WwTp 817.61 16782 State Treasurer Surplus Property Fund - Mise lies 77.00 17883 GENERAL FUND DECEMBER 1982 AMOUNT CHECK NO. W.W. Grainger, Inc. - 2 hour time clocks for Xmas decorations 55.10I 16784 Big Lake Machine - Sharpen chipper blades, etc. "--�- M`-"` 'e"- — `f Grays, Johnson and Associates - Computer Processing - Oct. 6 Nov. 82 fl, so'� :0'" "J16'i8u+ woody tiaaland - Mileage to North Branch for fire truck repairs 3.00 16787 Mobil Oil - Gas, oil, anti freeze for fire trucks 52.67 16788 t.arco Business Products - Typewriter maint. agreement renewal 180.00 16789 Ziegler, Inc. - cutting edges - plows 196.90 16790 Feed Rite Controls - Potarsium permanganate s hydrogen peroxide 1,547.08 16791 Seitz Our Own Hardware - supplies, etc. 475.17 16792 P. S R Distributors - 25 ton salt - 861.72 16793 Holmes 6 Graven - Legal Fees - TIF Program 2,251.81 16794 Flickers T.V. - Cart Rental 20.00 16795 Wright County Auditor - 1/2 police fines, salt, sand mix, signs 1,233.20 16796 VWR Scientific - Ion analyser, and mis.job supplies 1,525.75 16797 Equitable Life Assurance-:, Ins. withholding for Matt 6 Karen 40.00 16798 George Liefert - per Diem for delivering truck to North Branch, repass 30.00 16799 i c M Oil Company - 55 gallons oil ! 201.85 16800 Granite Electronics - 2 way radio repairs 23.10 16801 Monticello Office Products - Supplies 153.39 16802 Edison Controls - Data display lights for WWTP 150.00 16803 Central McGowan - Cylinder rental charge 2.40 16804 Red's Mobil - Fix Tire and fusas 5.50 16805 Natio nal Bushing - filters, fan belts, radiators, hoses, etc. 211.80 16806 Ruff Auto Parts - P. S. pump for snowblower I 15.00 16807 Hayden - Murphy - Cylinder for plow 149.31 16808 Hoglund Bug Co. - Mount new tire, mist. repair, parts for truck 468.01 16809 Minnesota Valley Testing - testing n 'saxr A Fairs Garden Center - Xmas Tree - City Hall o`. 1,cT— F�f Monticello Printing - Budget booklets 6 1,000 verified account shoot, t 9,106.85 , + i 812 tarry' a Standard - Quart transmission fluid for snow blower 1.83 16813 Automatic Garage Door Company - Garage door for pump shed - Ellison 'k. 247.30 16814 lieu Line Service - Straighten frame on 81 Chau Truck 215.00 16815 Big Lake lumbar - Lumber, redwood for picnic tables 184.90 16816 Additional Bills for Month of December • 4tl2,b3't.cd 0// 1 ____ ..