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City Council Agenda Packet 01-14-1985I AGENDA FOR THE MEETING OF THE CITY COUNCIL Monday, January 14, 1985 - 7:30 P.M. Mayor: Arve A. Grimsmo Council Members: Fran Fair, William Fair, Jack Maxwell, Dan Blonigen. 1. Call to Order. 2. Oath of Office for Newly Elected Officials. 3. Approval of Minutes of the Regular Meeting Held December 10, 1984, and Special Meeting Held December 27, 1984. 4. Citizens Comments/Petitions, Requests, and Complaints. Public Hearings 5. Public Hearing - Petition for Vacation of 6th Street - Applicant, Construction 5, Inc. 6. Variance Request Appeal - Applicant, Security Federal Savings 6 Loan Association. Old Business I G,7. Opening and Review of Bids and Consideration of a Resolution Awarding the Sale of $860,000.00 General Obligation Improvement Bonds for Fire !fall Conatruction. 8. Consideration of Change Order No. 2 for Project 84-1, County State Aid Highway #75. Now Business 9. Consideration of a Conditional Use Request to Allow an Apartment Building to be Built in Excess of 12 Units - Applicant, J000ph G. Pochlor 6 Associates. 10. Consideration of Conditional Use Request to Allow an Addition to be Built onto a Non -Conforming Building in a 8-3 Zone - Applicant, Danner Trucking. 11. Consideration of Making Annual Appointments. 12. Consideration of Ronowing the Contract for Services with OSM. 13. Consideration of Maintenance Agreement with Wright County for County State Aid Highways in Monticello. 14. Consideration of Supporting the Schools Request of Wright County for Traffic Control at the High School. Agenda for the Meeting of the City Council Monday, January 14, 1985 - 7:30 P.M. CPage 2 15. Consideration of 1985 Sever Rate Increase. 16. Consideration of a Resolution Authorizing Execution of an Agreement with Control Data Corporation and Other Minnesota Coalition of Outstate Cities on a Joint Comparable worth Study. 17. Consideration of Bills for the Month of December. 18. Adjournment. Council Agenda - 1/14/85 2. Oath of Office for Newly Elected Officials. (T.E.) As soon as the meeting has been called to order, I will issue the Oath of Office to the two Council members and the Mayor. The following is the actual oath that you will be required to cite: I, (name), do aolemnly swear that I shall support the Constitution of the United States of America, the Constitution of the State of Minnesota, and that I will faithfully and justly discharge the duties of the office of (Mayor) or (Council member) of the City of Monticello, Minnesota, to the beet of my judgement and ability, so help me God. MINUTES L REGULAR MEETING - MONTICELLO CITY COUNCIL December 10, 1984 - 7:30 P.M. Members Present: Mayor Arve Grimsmo, Fran Fair, Ken Maus, Jack Maxwell, Dan Blonigen. Members Absent: None. 1. Call to Order. 2. Approval of Minutes. Motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the minutes of the regular meeting held November 26 and the special meeting hold December 1, 1984. 4. Consideration of a Planned Unit Development - Applicants. Jim Powers 6 Kent Kjallber9. City Administrator, Tom Eidam, briefly reviewed with the Council the final plane for I-94 Plaza PUD, including drainage plane on and utility plane. Mr. Eidem noted that the City Engineer has recently approved the drainage plan as submitted along with the utilities plan and that all items appear complete for final recording. It was noted that as part of the final approval, the developers will be required to reimburse the City approximately 517,500.00 for park dedication fees along with other related fees incurred by the City from its consultants. Motion was made by Fair, seconded by Blonigan, and unanimously carried to approve the final PUD for I-94 Plaza as presented contingent upon all fees for consultants and park dedication requirements being paid. 5. Consideration of Change Order for the 84-1, 04-2, and 84-3 Street Improvement Projects. A Change Order consisting of additional sidewalk work on Broadway for $1,542.00, additional hydrant extensions and grading on Hart Boulevard for 5959.00, and additional concrete driveway material along with a hydrant extension on Cedar Street for $1,339.00 was presented for approval. The total Change Order was $3,841.40 for those throe projects. Councilman Blonigan questioned why the Council is asked to approve Change Orders after they are already completed and felt the i Council should be aware of theoo items before work to started. lJ1 City Eng Inear, John Badalich, responded that those items were not specifically included in the original contract, and he felt a...1 Council Minutes - 12/10/84 7. Consideration of the Poehlor Farmers Homo Administration PrOjact. Mr. Joe Poehler appeared before the Council requesting approval to apply for a Farmers Homo Administration Housing Project in .'� a portion of Outlot A of Country Club Manor. Approximately an unreasonable delay would have resulted if the project would J ' have been stopped in order to get Council approval prior to the completion of this work. Mr. Badalich indicated that usually minor field modifications do occur on all projects and to expedite the matter, the items are reviewed with the Public works Director and City staff prior to any work being completed. Motion wan made by Maxwell, seconded by Maus, to approve Change Order No. 1 in the amount of $3,841.40 to Buffalo Bituminous, Inc., on Projects 84-1, 84-2, and 84-3. Voting in favor was Grimsmo, Fair, Maus, Maxwell. Voting in the opposition was Blonigen. 6. Consideration of Authorizing TKDA to Commence Architectural and Engineering on the Fire Hall. With the recent passage of the bond issue for a new Fire Hall, the City Administrator has been working with the architectural firm, TKDA, on an architectural agreement for the second phase of the new Fire Hall construction project for architectural drawings. A con tract has been presented by TKDA which indicates their fee would not exceed 538,000.00 for the plana and specifications or 7yt of the total building construction and site development coot, whichever is leas. In addition, up to 59,000.00 in extra services for aoil boringo, construction management, inspection, O would be part of the contract based on an hourly charge not 1 to exceed the $9.000.00. In regards to the Fire Hall location, the City Administrator noted that negotiations are currently taking place with the property owner of four Iota in Block 12 on the site for the Fire Hall. It wan noted that approval of an architectural agreement for Phase II plana and specifications would still require input from the Fire Ha 11 Building Committee as to the exact design and construction typo before the architect would proceed with actual piano and apocificationa. Motion wan made by Fair, seconded by Maus, and unanimously carried to anter into an agreement with TKDA for Phase 1I, construction plans and specif icatione, provided the architect dean not start preparing plana and specifications until the City has a firm commitment on a site location. 7. Consideration of the Poehlor Farmers Homo Administration PrOjact. Mr. Joe Poehler appeared before the Council requesting approval to apply for a Farmers Homo Administration Housing Project in .'� a portion of Outlot A of Country Club Manor. Approximately Council Minutes - 12/10/86 l two years ago, Mr. Poehler proposed a Farm Home Housing Project on the lots behind the former Monticello Ford Garage site in downtown Monticello. Due to the high land cost involved and other delays caused by Farmers Home Administration, Mr. Poehler dropped that project but now requested approval to apply for a similar type project in Country Club Manor. Mr. Poehler noted that a recently completed survey indicated that approximately 70-80 families in the Monticello area would qualify for the low income housing project. Mr. Poehler also noted that he is currently working with Marvin George, owner. of Outlet A in Country Club Manor, to acquire approximately 15 acres for his proposed apartment complex. Mr. George is also currently working on roplatting Outlet A into other sites suitable for multiple housing projects. Motion was made by Maxwell, seconded by Fair, and unanimously carried to grant preliminary approval for Mr. Poehlor's Farmers Home Administration low income housing apartment complex. 8. Consideration of warranty Claim for the Variable Speed Drive at the WWTP. Early in 1983 during the final stages of construction of the WWTP, there were problems developing with the raw sawago pumps at the WWTP. The on/off cycling of the pumps were creating problems with the flow equalization system and inhibiting proper operation of the WWTP. At a cost of $16,800.00, the general contractor, Paul A. Laurence Company, installed a Variable Speed Drive oyatem to regulate the speed of the pumps. The Installation was completed on January 6, 1986, but since that time the pump has malfunctioned approximately 601 of the time. The 1-yaor warranty on thio particular Variable Speed Drive is to expire January 3, 1985, and the Public works Director, along with the City Engineer, has recommended that the City take legal steps to got the problem corrected. Numerous attempts over the past year by the contractor and subcontractors has failed to remedy the problems with the Variable Speed Drive and a final notice has recently boon sent to the contractor giving them until January 31, 1985, to either repair or remove the item and reimburse the City for its coot. ?ho Public works Director requested that the City Council authorize the City Attorney to take whatever legal stops aro necessary to protect the City's interest it a lawsuit is necoosary to recover its coat. Since tho expiration of the warranty will be January d, 1985, it was recommended that the City Attorney start legal action to protect the City's rights. �i Motion was made by Fair, seconded by Blonlgon, and unanimously carried to authorize the City Attorney to take whatever legal Jl atopo aro necessary to protect the City's Interest in getting the Variable Speed Drive ropairod or removed and reimbursement being made to the City. -3 o Council Minutes - 12/10/94 9. Consideration of Purchase of Communication Radios. J Z*, Civil Defense Director, Cary Anderson, noted that NSP has a special fund set up through the State of Minnesota whereas a pool of money is available to reimburse Civil Defense orientated equipment and/or exercises for use in communities or counties which have nuclear plants. As part of this program, the City of Monticello had requested funding of approximately $3,500.00 to cover half of the cost of purchasing additional 2 -way radio communication equipment for Civil Defense exercises. The State of Minnesota has granted approval to this request; and as 'a result, the Civil Defense Director and City staff have requested approval to purchase approximately $7,000.00 in radio equipment with the cost to the City being one-half of this amount. After further discussion on the needs and uses of the equipment, motion was made by Fair, seconded by Maxwell, and unanimously carried to authorize the Civil Defense Director to purchase up to $7,000.00 worth of radio equipment, with reimbursement of approximately one-half from State funds. 10. Consideration of Mater Systems Study for the City of Monticello. With the increase in developments which have occurred over the past tan years in the City of Monticello, it wan recommended by the Public Works Department and City Engineer that a now 9 water systems study be implemented to update the previous study completed by OSM in 1975. The primary concern for updating the study would be to enlarge the City'a water storage capacity and increase the pressure available to all users. Discussions have occurred over a numbor of years of locating a ground level storage tank on a high hill near the Monte Club, and thin study would determine the exact location that would be beat suited for this purpose. City Engineer, John 9adalich, indicated that a study of this caliber would coot approximately 97,500.00, which they aro prepared to complete by approximately March 1, 1985. The coat of thin study was budgeted for in 1985; and an a result, a motion was made by Maus, seconded by Fair, and unanimously carried to authorize the City Engineer to prepare an updated water study with completion approximately March 1, 1985. 11. Consideration of Ratifying Salaried for 1985. At a special mooting hold by the City Council on December 1, a pool of money consisting of approximately a 5.4% dollar amount was established for the non-union personnel. The City Administrator was authorized to distribute the 5.4% pool amongst the salaried '. -4- Council Minutes - 12/10/64 t/ and hourly non-union individuals. The following is the distribution arrived at by the City Administrator. CLERICAL RANGE (up 5.3756) 1984 1985 Top 7.35 - 7.95 7.74 - 8.37 906 6.62 - 7.16 6.97 - 7.53 806 5.88 - 6.36 6.19 - 6.70 Lynnea Gillhom .42/HR to 8.37 Diane Jacobson .42/HR to 8.13 Marlene Hellman .42/HR to 7.80 Karen Doty .42/HR to 7.27 (906) Rick Wolfsteller 30,878 + 1660 (5.375) - 32,538 John Simola 29,815 + 1660 (5.5) - 31,475 Gary Anderson 23,920 + 1285 (5.372) a 23,205 Allan Pelvit 17,500 + 940 (5.371) • 18,440 DEPARTMENT HEADS Roger Mack 23,725 + 1285 (5.41) - 25,010 Walt Mack 23,444 + 1285 (5.48) • 24,729 r' Albert Moyer 23,133 + 0 - 23,133 OTHER Mark Irmiter 27,505 + 1480 (5.38) - 28,985 Sean Hancock 21,320 v 1145 (5.37) • 22,466 Karon Hanson 12,600 + 680 (5.4) 13,280 Tom Schumacher 5.05/HR + .32 (5.4) 6.17/HR Clerical porconnol, Lynnoo Cillham, Marlene Hellman, and Diana Jacobson ware present at the meeting to object to a 5.46 average increase for the lover clerical personnel. They felt a straight percentage range loaves them with a lover annual dollar increase compared to higher paid personnel and felt that a larger annual dollar amount should be given to the lover paid personnel or they will never be able to catch up to the higher paid individuals. Their request was for an additional 25t an hour adjustment. Although it wan agreed and understood by the Council that a straight percentage increase amounts to a lower annual dollar Increase for the lover paid personnel, it is not always fair to incroaas all personnel by an equal dollar amount, as it is assumod each position has a certain value worth for that job; and if a straight dollar amount is given to alk personnel, the gap narrows between job classifications. It was noted by Councilman Maus of L� A that it was his understanding that next year the Council would -g- V Council Minutes - 12/10/84 Rick Molfatalr Assistant Administrator be reviewing the various position classifications in general J `•• to see if adjustments were necessary to bring them in line with 0 current market conditions. Otherwise, it was felt that a percentage increase is correct. It was also noted by Councilman Fair that if additional increases were granted to the clerical staff, it would possibly open up opposition from other personnel who ' ,would request similar increases. Additionally, the Council discussed the salary increase for the City Administrator. The general consensus of the Council members was that the City Administrator's increase should be similar to the rest of the salaried personnel at 5.41. After further discussion, motion was made by Fair, seconded by Maus, to ratify the salaries for non-union personnel for the year 1985 as submitted by the City Administrator's recommendation at approximately 5.41, with the City Administrator's salary to be adjusted at 5.41 also. Voting in favor was Fair, Maus, and Grimsmo. Opposed: Maxwell and Blonigen. 12. Consideration or a Motion to Cancel the Second Meeting or December. Motion was made by Fair, seconded by Maxwell, and unanimously carried to cancel the second regular meeting of the City Council ' scheduled for December 24, 1984. Bills for the Month of December. 1 13. Consideration of Partial Lint of Motion was made by Blonigen, seconded by Maus, and unanimously carried to approve the partial listing of bills for the month of December as presented. Rick Molfatalr Assistant Administrator L, MINUTES L7 SPECIAL MEETING - MONTICELIq CITY COUNCIL f December 27, 1984 - 5:00 P.M. A special meeting of the City Council called by Mayor Grimsmo- was duly held at 5:00 P.M., December 27, 1984, in the City Hall. Members Present were: Grimomo, Maus, Blonigen. Members Absent were: Maxwell and Fair. Also present were Public Works Director, John Simola; City Attorney, Gary Pringle; and Administrator Eidem. The Mayor called the meeting to order and indicated that the sole reason for the meeting was to discuss the acquisition of Lots 2, 3, 4, and 5 of Block 12, Original Plat of Monticello, as a potential site for Fire Hall construction. The Mayor asked Public Works Director Simola to report on the calls tooting. Mr. Simola stated that the report found that the site was primarily loose and sandy and would require excess compaction in the area of the building and under portions of the parking lot and driveways. He indicated that the testing firm had recommended a stripping, away of the top 15 to 3 feet to be replaced by higher quality fill suitable for construction. Simola also noted that ,there had been coma contamination discovered and that the contamination was primarily fuel oil. He indicated that the extent of the contamination cannot really be gauged without further tenting, and perhaps some excavation. Simola stated that the type of clean up that would be required from the Pollution Control Agency cannot be determined until the extant of the contamination is known. Ho noted that come clean up may simply be a removal of the contaminated material and than stock piled at coma place whore it will not leach into the subsurface. He indicated that other processes have boon to spread polluted material under roadways in thin layers. He noted that the worst case would be that the contaminated material would have to be hauled to a hazardous waste site. In his estimation, the severity of this problem would not require the latter typo of solution. Simola did note that the City must notify the Pollution Control Agency, and that if we chose not to contact them at this time, the coils tooting lab is required by state regulations to notify PCA. Thorn was a brief discussion of the other bulk fuel plants in the area. It was the Council's position that the City would report to the PCA only insofar ae it concerns the site that the City is interested in acquiring. The Council felt that* it wan not their position to report any other bulk plants on the baoio of more speculation derived from the results of the Lost. on this particular site. They agree that if the PCA responds and initiates investigations of the other bulk plants, than that is the PCA'o responsibility and not tho City Council'e. -2- Special Council Minutes - 12/27/84 The Mayor asked City Attorney Pringle to go over some of his concerns about the transfer of the parcel. Pringle noted that there is currently a mortgage against the property, the status of which must be clearly determined prior to the closing of any contract for the land. Pringle also noted that there are outstanding assessments against the property that the current owner, Jean Brouillard, has indicated should be City responsibility. M.C. Pringle noted that there is a lease agreement with Jim Moores, the operator of JM Oil, who is currently occupying the site. Pringle noted that an agreement will have to be drafted so that Jim Moores will legally release his right to use the land. There was a brief discussion with respect to the City assisting in Mr. Moores' relocation effort. Eidem commented that he had met with Mr. Moores and indicated that the City would do whatever it could to help him secure an alternate site for his bulk plant. Eidem indicated that a proposal would be made to the HRA, who may be able to investigate a land trade. Councilmember Maue raised a question of the City purchasing some land in the industrial park and leasing it to various bulk fuel operators. It was Maus's opinion that regulatory control could be more closely monitored under a City owned project and that a lease arrangement of this sort might further facilitate the relocation of not only the existing bulk plant, but of all bulk plants en:roaching _ on the Downtown Commercial Business Dintrict. Eidem agreed to investigate this procedure further. with respect to actual relocation assistance for Mr. Moores, the Council authorized Pringle to offer a total of B hours usage of the City's loader, including an operator. Mr. Simola felt that the assistance we could land would be limited to use of the loader and stated that he was willing to provide those 8 hours. Pringle returned the discuooion to the matter of the contamination. tie indicated that Mr. Brouillard expected to receive his selling price with no future obligations. Pringle Indicated that Brouillard wished to receive the selling price and be frood from any responsibility towards contamination clean up or other alterations that may have to be made to the alto to make it suitable for development. Concern was axpraaaod by all Council members as to the extent of clean up that might be required onto the ground is opened up. Councilmombor Blonigon felt there should be some kind of spending limit dedicated to clean up that the City would be responsible for, that should the extant of the clean up exceed this particular limit, the City would have the right to go back to the seller to recover some expense. Pringle indicated that Mr. Brouillard simply wouldn't sign the contract under any other condition than as stated. Pringle noted that Brouillard has made an offer t0 the City and expressed his terms. The City nowhes to react to that offer and choose to either accept or rojact the conditions. Pringle atstod it was his understanding from a meeting with Mr. Brouillard that should the City reject the conditions at this time, the sale is off. Mayor arimsmo -2- There being no other business to be held in this opocial meeting, the Mayor adjourned the meeting. Th mao A. 2idem City Administrator F, Special Council Minutes - 12/27/84 j' turned the discussion bock to consideration of the offer and stated that the Council was faced with the decision of finding a site for the Fire Hall. He felt that the site in question was a good site for Fire Hall location and that the offer was an acceptable one in spite of the unknown factor relating to contamination. Reiterating his position on governmental conscience taking the lead to secure clean up of the site, he indicated he would like to see the Council take action on this acquisition. He felt that constant debate over every detail could jeopardize the sale of the lend and postpone the construction of the Fire Hall in the long run. He felt that enough time had been put into site selection and that a suitable site had been found, and we should investigate the final sale. City Attorney Pringle wished to raise one more concern that he had with reference to certain qualifications that showed in the abstract. Pringle indicated that Mr. Brouillard had accepted a deed when he bought the property subject to certain limitations, and that the deed conveyed to the City would carry those same limitations. He noted that his primary concern came from a phrase that indicated the property was subject to certain limitations which may not be recorded but which might be revealed by a survey. He indicated that he didn-t anticipate any problems from ouch a qualification to the deed, and the Council concurred. Motion by Maus to acquire Lots 2, 3, 4, and S, in Block 12, G Original Plat of the City of Monticello, for the cum of $100,000.00, and further, authorizing City Attorney Pringle to negotiate and prepare a Contract for Dead addressing all City concerns and to be executed by the Mayor end City Administrator. Motion was duly seconded by Blonigen. voting in favor: Crimsmo. Maus, and Blonigon. Voting in opposition: Nona. Motion passed unanimously. There being no other business to be held in this opocial meeting, the Mayor adjourned the meeting. Th mao A. 2idem City Administrator F, Council Agenda - 1/14/85 5. Public Hearing - Petition for Vacation of 6th Street - Applicant, Construction 5, Inc. (T.E.) A. REFERENCE AND BACKGROUND: At the final meeting in November, Construction 5 submitted a petition requesting the vacation of 6th Street adjacent to Block 41, Lower Monticello. At that time, the Council directed staff to set the hearing for January 14 and to assemble all relevant data with respect to that request. The significant issue involved with vacating this street is the exchange of property so that we may extend Lauring Lane through our collective road system. In exchange for the land dedicated to Lauring Lane extension, staff considered the vacation of not only 6th Street, but the dead end portions of Washington and Hennepin. In order to facilitate this entire matter, I arranged and conducted a meeting with the City Engineer, the Consulting Planner, the developer, and City staff all present. Based on all of the data that was brought up at that meeting as wall as sound land use planning, it was decided that Construction 5 should propose a replat of that entire corner of Lower Monticello. This would be a standard subdivision creating lots and blocks, which would be suitable for Construction 5-a development and which in turn would dedicate now roadways and vacate old roadways. This seemed agreeable to everyone; and at the meeting, we began working on rough sketches. Th ie week, Construction 5 surveyor prepared and presented a skotch plan for review at the vacation hearing. While we were unable to make the Planning Commission Agenda, we did take the item to the Planning Commission unannounced and requested their review. By consensus of the Council, they Boo no difficulty with the subdivision and encourage the process to go to the preliminary plat stage. With respect to the extension of Lauring Lana beyond Copeland Road where It crossea the Malone property. I have mot with Mrs. Malone and members of her family to discuss the acquisition of a corner of their property. Mrs. Malone has indicated she Is a willing sellar, but based on some preliminary figures, she had concern that the square footage indicated in the appraisal was inaccurate. we investigated that with the engineers, and they have shown that the square footage is, in fact, vary accurate, that only the drawing according to the scale gave tho appearance that there was loos square footago. If the sketch plan is approved and we anticipate going to preliminary plat, than we will go back to Malonos to show them the exact technical data based on the engineering findings. Of couroo, the Lauring Lana extension is totally incomplete until the remainder of the right-of-way can be secured from Morris Iloglund. If the sketch plan and the subsequent plat is approved by the Council, than the Lauring Lane extonsien will go all the way Council Agenda - 1/14/85 to the Copeland Road, thus completing a loop system. If and when we can extend further east has yet to be decided. We, however, are not accepting roadway that will somehow box us in at a later date. With respect to the actual plat, the appropriate zoning for the blocks will have to be determined before recording. It is also deemed essential by staff and by Consulting Planner that a specific restriction be placed on the number of freeway signs throughout the entire subdivision. Staff recommendation at this time is to allow only one pylon or sign standard upon which four advertising placards or sign boards could be mounted. Because the lots become extremely narrow at the freeway allowing each lot its own side could generate a severe concentration of signs that would be undesirable. Similarly, there is some concern about the lack of depth in Lot 4 and what that lot might be suitable for. The area of the lot is approximately 1 acre, and we see no difficulty with allowing that lot to exist, but the developer will simply have to be aware that certain restrictions will apply should he hope to develop on that lot, those restrictions being our standard Zoning Ordinance requirements. The area shown as park on the plat is really intended to be nothing more than open space. We do not propose a development of a playground or any type of act of recreational activity �in the arca. We would hope as the street itself is developed that we could dig up Copeland Road and replant this area with attractive growth. John Uban suggested that it might oven be conceivable to have the Historical Society eruct a plaque with a otory about the Rand Mansion or something of that nature. Another possible use for this site would be to allow a community welcome sign since it is visible from the freeway. At any rate, this small parcel in intended to come into City ownership and remain relatively undeveloped. D. ALTERNATIVE ACTIONS: 1. Grant approval to the sketch plan and direct the developer to go to the preliminary plat stage. This ie the standard oaquanco of subdivision, and if given thio approval will go back to the Planning Commission for their review of the preliminary plat. 2. Do not grant approval of the proposed sketch plan. If approval Is not granted, the Council should provide the developer with some direction with respect to what they would like to sea in that particular area and their position with respect to the petition for vacation of 6th Street. 3. Do not grant approval to the sketch plan, deny the petition for vacation of 6th Strout. This will leave all conditions intact as thoy currently aro. -3• Council Agenda - 1/16/85 C. STAFF RECOMMENDATION: Staff recommends that the sketch plan be granted approval and that the developer be directed to go to the preliminary plat stage. We think that securing the extra roadway for Lauring Lane is significant to the street system development for the City. We also think that a replat of the area would clear up the entire lot and block system, thus eliminating legal descriptions that are based on the Original Plat and a series of vacated streets. The actual exchange of land for street right-of-way and vacated street right-of-way has yet to be determined. The engineers are working on the total square footage that will change hands. While I have not told Construction 5 that it will be an even up exchange. I have no particular difficulty with looking at the matter in that way. An exchange that is considered relatively even creates a vin/win situation for both of us. Construction 5 gets buildable parcels with clean legal descriptions based on the new subdivision, and the City receives clear dedication of Lauring Lane right-of-way and benefits by the elimination of the old legal descriptions in those buildable lots. The City also eliminates all of those dead-end street rights—of-way that currently exist. D. SUPPORTING DATA: Copy of the sketch plan; Copy of John Uban-e comments; Copy of data from the engineer. -4- m !dt A -1 G / i Gil ':t IES of 2 y9 PROPOSED ARAMWEArr s 14 ACRES T J J' 0/, W PROPOSED ComntEeGt� : 4.r Q b -- SITE SKr L R 9 ACRES t, L . J �•;L�7 ,�1, / B ACRES! t» 49 at ACRR! t PARK' f j ACRESS A PROPOSED OFFICE COMPLEX AND WAREHOUSE E9 FI r r ti lj� •' � t a uRd � � 4t) h 3 Council Agenda - 1/14/85 6. Variance Request Appeal - Applicant, Security Federal Savings 6 Loan Association. (G.A.) Security Federal has asked that this item be delayed to a later date. The only appropriate action needed is a motion to postpone action on this appeal until Security Federal Savings 6 Loan Association requests action be taken. -5- Council Agenda - 1/14/85 7. Opening and Review of Bids and Consideration of a Resolution Awarding the Sale of $860,000.00 General Obligation Improvement Bonds for Fire Hall Construction. (T.E.) A. REFERENCE AND BACKGROUND: Either Jerry Shannon or Ron Langsness will attend the City Council meeting bringing with them the sealed bids on our Fire Hall bond sale. That evening, the bids will be opened and presented to the Council. Presuming that the bide meet minimum requirements and present acceptable interest rates, the representative from Springsted will recommend awarding the sale to the best bidder. The Springsted representative will also bring with them for Council review the official resolution authorizing the sale of the bonds and certifying the levy that will be put into place for the life of the bond retirement schedule. There is little more I can tell you at this time since the entire procedure is currently in the hands of Springsted and will not reach completion until 7:30, Monday, January 14. Based on the mandate of the residents in the referendum, and presuming that the bids are acceptable, the only real alternative is to award the sale of bonds. There is no staff recommendation, and all supporting data will be delivered by the Springsted representative. -6- OFFICIAL STATEMENT NEW ISSUE hating: AMoody'salnvestcrs Service, tion has been lc� In the opinion of Bond Counsel, the Bonds are exempt from taxation by the State of Minnesota and its subdivisions and municipalities and the interest to be paid on said Bonds is not includable in the gross income of the recipient for United States or State of ,Minnesota income tax purposes (other than Minnesota corporate franchise taxes and bank excise taxes measured by income) according to present federal and Minnesota laws, regulations, rulings and decisions. $860.000 CITY OF MONTICELLO, MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1985A Bonds Dated: February 1, 1985 The Bonds will mature February I as follows: $30,000 1986 $ 45,000 1990 $35,000 1987-1988 $ 50,000 1991-1992 $40,000 1989 $100,000 1993 Interest Due: Each February 1 and August I, commencing August I, 1985 $110,000 1994$130,000 1996 $120,000 1995 1115,000 1997 The City may elect on February I, 1993, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1994. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest muturity dute will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. Bids must be for not less Ilion $843,660 and accrued interest on the total principal amount of the Issue, and must be accompanied by a certified or cashier's check in the amount of $8,660, payable to the order of the City. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchuser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at seltlement. Bidders shall specify rates in integral multiples of 5/100 or 1/8 of 1`K. No rate for a maturity sholl be more Ilion 1% lower than any prior rate. No rote nor the net effective rate for the entire Issue shall exceed the rnoAimuin rate permitted by law. The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, will be fully registered as to principal and interest, and will be delivered without cost to the Purchaser within 40 days following"the date of their award. The Bonds are offered subject to receipt of the approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota. SALF_ DATE AND TIMEt Jampelry 14, 1985 (Monday) at 7t30 P.M., Central Time The date of this Official Statement is January 3, 1985. Further Information may he obtained from SPRINGSTED Incorporated, Financial Advisor to the Issuer, 800 Osborn Building, Saint Paul, Minnesota 55102, 612/222-4241. -07 J This Official Statement was prepared on behalf of the Issuer by its Financial Advisor, SPRINGSTED Incorporated, which will be compensated for its services solely by the Issuer, which compensation is, in part, contingent upon award of the Obligations. Unless otherwise indicated, the information contained in this Official Statement was furnished by the Issuer and was the most current information available as of the date of this Official Statement. No dealer, broker, salesman or other person has been authorized by the Issuer to give any information or to make any representations with respect to the Obligations other than as contained in this Official Statement and, if given or made, such other information or representations must not be relied upon as having been authorized by file Issuer. Certain information contained herein has been obtained from sources other than records of the !ssuer and is believed to be reliable, but is not guaranteed as to completeness and is not to be construed as a representation of the Issuer. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall under any circumstances create any implication that there has been no change in the affairs of the Issuer since the date hereof. References in this Official Statement to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices hereto, they will be furnished on request. This Official Statement was prepared for the information of bidders for the Obligations at public sale being held by the Issuer. At the settlement, the successful bidder will receive the executed Certificate of officials of the Issuer appearing on the inside back cover of this Official Statement. Only the Arabic numbered poyes and the Appendices, if any, of this Official Statement may be used or reproduced, In whole or In part, for distribution to investors. HOWEVER, NO ASSURANCE CAN BE GIVEN AND NO REPRESENTATION IS MADE THAT NO ADDITIONAL INFORMATION IS REOUIRED WHEN TF-[ OBLIGATIONS ARE REOFFERED BY THE UNDERWRITERS TO INVESTORS OR THAT THIS OFFICIAL STATEMENT STATES ALL FACTS WHICH WOULD BE MATERIAL TO AN INVESTOR PURCHASING OBLIGATIONS FROM THE UNDERWRITERS. RATING An application for a rating of this Issue has been made to Moody's Investors Service, Inc. ("Moody's"), 99 Church Street, New York, New York. If a rating is assigned, it will reflect only the opinion of Moody's. Any explanation of the significance of the rating may be obtained only from Moody's. There is no assurance that a rating, if assigned, will continue for any given period of time, or that such rating will not be revised or withdrawn, if in the judgment of Moody's, circumstances so warrant. A revision or withdrawal of the rating may have an adverse effect on the market price of the Obligations. J OFFICIAL TERMS OF OFFERING $860,000 CITY OF MONTICELLO, MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1985A Sealed bids for the Bonds will be opened by the City Council on Monday, January 14, 1985, at 7:30 P.M., Central Time, at the Monticello City Holl. Consideration for award of the Bonds will immediately follow the opening of bids. DETAILS OF THE BONDS The Bonds will be dated February I, 1985 and will bear interest payable on February I and August I of each year, commencing August I, 1985. Interest will be computed upon the basis of a 360-doy year of twelve 30 -day months and will be rounded pursuant to rules of the MSR8. The Bonds will be issued in integral multiples of $5,000, as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed the last business day prior to the interest payment date to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $30,000 1986 $ 45,000 1990 $110,000 1994 $130,000 1996 535,000 1987-1988 $ 50,000 1991-1992 $120,000 1995 $115,000 1997 $40,000 1989 $100,000 1993 The City may elect on February I, 1993, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1994. Redemption may be :n whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having o common maturity date are called for prepayment the specific [aonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full falth and credit and power to levy direct general ad valorem taxes. The proceeds will be used for the acquisition, construction and Improvement of a fire station and necessary equipment required therein. TYPE OF BID A sealed bid for not less than $843,660 and accrued Interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the tune set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $8,660, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which sold check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser falls to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. fates of fared by Bidders shall be In Integral multiples of 5/100 or 1 /8 of 1`i5. No rate for any maturity shall be more than I % lower than any prior rate. No rate nor the net effective rate for the entire lima of the Bonds shall exceed the maximum rate permitted by low. Bonds of the some maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be cnntrolling. The City will reserve the right to: (i) waive non -substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds Qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Holmes d Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the [fonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, Of its designee, not later than 1:00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with sold teens for payment. At settlement the Purchaser will be furnished with o certificate, signed by appropriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to mako the statements therein, in light of the circumstances under which they were made, not rnislending. OFFICIAL STATLMFNT Underwriters may obtain a copy of the Official Statement by request to the City's financial Advisor prior to the bid opening. The Purchaser will be provided with IS copies of the Official Statement. Doted November 26, 1984 BY ORDER OF THE CITY COUNCIL /s/ Thomas A. Eldem Clerk -Administrator 6 SCHEDULE OF BOLD YEARS $860,000 CITY OF MONTICELLO. MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1985A Average Maturity: 8.19 Years Bonds Dated: February 1. 1985 Interest Due: August 1, 1985 and each February 1 and August 1 to maturity. Principal Due: February 1, 1986-1997 inclusive. Redemption: Bonds maturing on or after February 1, 1994 are callable commencing February 1, 1993 and any Interest payment date thereafter at par. (See Official Terms of Offering.) cicallable -111- C7) CUMULATIVE UMULATIVEBOND YEAR PRINCIPAL BOND YEARS BONDYEARS 1986 $30,000 30 30 1987 $35,000 70 100 1988 $35,000 105 205 1989 $40,000 160 365 1990 $45,000 225 590 1991 $50,000 300 890 1992 $50,000 350 1,240 1993 $100,000 800 2,040 1994 $110,000 c 990 3,030 1995 $120.000 c 1,200 4,230 1996 $130,000 c 1,430 5.560 1997 $115.000 c 11380 7,040 Average Maturity: 8.19 Years Bonds Dated: February 1. 1985 Interest Due: August 1, 1985 and each February 1 and August 1 to maturity. Principal Due: February 1, 1986-1997 inclusive. Redemption: Bonds maturing on or after February 1, 1994 are callable commencing February 1, 1993 and any Interest payment date thereafter at par. (See Official Terms of Offering.) cicallable -111- C7) 1. CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. BEING RESOLUTION AWARDINGTHE SALE OF, AND PROVIDING THE FORM, TERING, COVENANTS AND DIRECTIONS FOR $860,000 GENERAL OBLIGATION BONDS, SERIFS 1985A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA AS FOLLOWS: Section 1. Award of Sale: Terms of Bonds. 1.01. The City of Monticello (the "Issuer") hereby awards the sale of Its $860,000 General Obligation Bonds, Series 1985A (the "Bonds) to (the "Purchaser") as the bidder offering the lowest net interest cost by its bid to purchase the Bonds at a price of $ plus accrued interest to the date of delivery, the Bonds to bear interest at the rates per annum as follows Year of Interest Year of Interest Maturity Rate Maturity Rate 1986 % 1992 % 1987 1999 1988 1994 1989 1995 1990 1996 1991 1997 Interest shall be computed on the basis of a 960 -day year of twelve 90 -day months and will be rounded pursuant to the rules of the MSRB. The City Administrator of the Issuer is directed to retain the good faith check of the Purchaser pending delivery of and payment for the Bonds, and to return the checks of the unsuccessful bidders. 1.02. The Bonds shall be Issued as fully registered bonds in the aggregate princlp aamount of $860,000 and shall be dated as of February 1, 1985. The Bonds shall be In denominations of $5,000 or any integral multiple thereof not exceeding the principal amount of a single maturity, shall be numbered from R-1 upwards and shall bear interest at the rates sot forth above, payable August 1, 1985 and semiannually thereafter on each February 1 and August 1, and shall mature on February 1 in the years and amounts as f0110w31 Year Amount Yepr Amount 1986 $ 90,000 1992 50,000 1987 95,000 1999 100,000 1988 95,000 1994 110,000 198940,000 1995 110,000 1990 45,000 1996 190,000 1991 50,000 1997 115,000 1 CD Upon original Lttuance the Bonds shall be dated and shall bear interest from and Including;Fabruary 1, 1985, the nominal date of original issue thereof, payable on each interest payment date until payment of the principal or redemption price thereof shall have been made or provided for in accordance with the provisions of this resolution, whether at maturity, upon redemption or otherwise. Bonds issued in exchange for Bonds shall be dated as of the date of authentication thereof and shall bear interest from the date to which interest due and payable has been paid in full on the Bonds surrendered, except that Bonds issued upon a transfer or exchange prior to the first Interest payment date shall be dated as of February 1, 1985. If the stated maturity for the payment of any interest on or principal of any Bond shall not be a Business Day, then such payment shall be made on the next succeeding Business Day, with the same force and effect as if made on the stated maturity, and without additional interest accruing thereon for the period after such stated maturity. For purposes of this resolution, "Business Day" shall mean any day other than a day on which banks located in the city in which the principal office of the Registrar is located are authorized to be closed. 1.03. All Bonds maturing on or after February 1, 1994, shall be subject to redemption and prior payment in whole or in part In inverse order of maturity, and by lot within a maturity on February 1, 1993, and any interest payment date thereafter at a price of par plus accrued interest to the date of redemption. Thirty days' prior notice of redemption shall be given by mail to the Registrar and to the registered owners of the Bonds, and notice of redemption will be published in the manner provided, by Minnesota Statutes, Chapter 475. Upon notice having been so given, the Bonds or portions of Bonds therein specified shell be due and payable at the stated redemption date and price with accrued interest to the redemption date, 1 and upon funds for such payment being held by or on behalf of the Registrar for J such payment on the specified redemption date, interest thereon shall cease to accrue after such redemption date. 1.04. The principal of the Bonds shall be payable at the principal office of the Registrar appointed hereunder, upon presentation and .,,mender of the Bonds. Payment of Interest on the Bonds, If interest on the Bonds i• -ot In default, .,,,ll be made by check or draft maned (by first-class mail, pt;, 7c preps ., oy the Registrar on the Interest Payment Date to the person in w .ose name t.,e Bond is registered on the Record Date at the address of such registered owner shown on the Bond Register of the Issuer to be kept by the Registrar, or at such other address as is furnished to the Registrar In writing by such owner. If Interest on the Bonds Is In default, the Registrar shall prior to making a payment of Interest establish a Special'Record Date for such payment, which Special Record Data shall be not more than 15 nor less than 10 days prior to the date of the proposed payment. Such payment shall then be made by check or draft malted to the person In whose name the Bond Is registered on the Special Record Date at the address of such registered owner shown on the registration books or at such other address as is furnished in writing to the Registrar by such owner. Each payment shall be made In such coin or currency of the United States of America which at the time of payment Is legal tender for payment of public and private debts. Section 2. Form and Execution of the ilonds. 2.01. The Bonds shall be In substantially the following form, with the 1 necessary variations as to number, CMP Number, rate of Interest and date of a/ maturity, the blanks to be properly filled Int 2 UNITE DSTATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF MONTICELLO No. R - GENERAL OBLIGATION BOND, SERIES 1985A Rate Maturity Nominal Date of Oriainal issue CUSIP February 1, 1985 The City of Monticello, Minnesota (the "City'), for value received, hereby certifies that it is indebted and hereby promises to pay to or registered assigns, the principal sum of dollars ($ ) on the maturity date specified above, or, if this Bond is prepayable as stated below, on a prior date on which it shall have been duly called for redemption, upon the presentation and surrender hereof, and to pay to the registered owner hereof interest on such principal sum at the interest rate specified above from the most recent Interest payment date to which interest has been paid or provided for (provided that, if the date hereof is the date of original issue, then from such date) on February 1 and August 1 of each year, commencing August 1, 1985, until said principal sum Is paid. Principal and the redemption price are payable in lawful money of the United States of America at as Registrar, Transfer Agent and Paying Agent, in Minnesota, or at the offices of such successor agent as the issuer may designate upon 60 days notice to the registered owners at their registered addresses (the "Registrar"). Interest shall be paid on each February 1 and August 1 by check or draft mailed (by first-class mail, postage prepaid) to the person In whose name this Bond is registered at the close of business on the preceding January 15 and July 15 (whether or not a business day) at his or her address set forth on the bond register maintained by the Registrar. Any such interest not punctually paid or provided for will be paid to the person In whose name this Bond is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted Interest. The Bonds of this series maturing on or after February 1, 1894, are subject to redemption at the option of the Issuer, in whole or In part in Inverse order of maturity and by lot within a maturity, on February 1, 1993, and any Interest payment date thereafter at a price equal to par plus accrued interest. Thirty days' prior notice of redemption will be given by mail to the Registrar and to the registered owners, and notice of redemption will be published in the manner provided by Minnesota Statutes, Chapter 475. This Bond is one of a series of Bondi in the aggregate principal amount of Eight hundred Sixty'rhousand Dollars ($860,000) of like data and tenor except for number, Interest rate, denomination, date of maturity and redemption privilege, and is Issued for the purpose of providing funds to pay the costs of construction of a fire station and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by tite City Council of the Issuer on January 14, 1985 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including particularly Minnesota Statutes, Chapter 475. The Boa& of this series are payable from the Series 1985A Bond Fund of the City (thei,'V ind Fundl. All taxable property within the City of Monticello Is also subject to>Lhe levy of ad valorem taxes required by law to be levied and extended if needed for this purpose, without limitation of rate or amount. The issuance of this bond does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. As provided in the Resolution, and subject to certain limitations set forth therein, this Bond is transferable upon the books of'the -City kept for that purpose at the principal office of the Registrar, by the registered owner hereof in person or by such owner's attorney duly authorized In writing, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or such owner's duly authorized attorney. Upon such transfer and the payment of any tax, fee or governmental charge required to be paid by the City or the Registrar with respect to such transfer, there will be Issued in the name of the transferee a new Bond or Bonds of thesame aggregate principal amount as the surrendered Bond. The Bonds of this series are issuable only as fully registered bonds without coupons_in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the registered owner or his duly authorized attorney, upon surrender thereof to the Registrar. it is hereby Certified and Recited that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed In duo form, time and manner as so required. This Bond shall not be valid or become obligatory for any purpose until the Authentication Certificate hereon shall have been manually signed by a person authorized to sign on behalf of the Registrar. IN WITNESS WHEREOF, the City of Monticello, Minnesota has caused this Bond to be executed with the facsimile signatures of Its Mayor and its City Administrator, all as of the Data of Original Issue specified above. Dated: THE CITY OF MONTICELLO, MINNESOTA By (Facsimile) Mayor (SEAL) And By (Facsimile) City Administrator 4 Council Agenda - 1/14/85 S. Consideration of Change Order No. 2 for Project 84-1, County State Aid Highway #75. O .S.) A. REFERENCE AND BACKGROUND: As you may recall, the City issued a stop work order to the general contractor, Buffalo Bituminous, Inc., on October 15 for the 4 -lane portion of County Road 75 in Monticello. This stop work order was issued as it was felt that the general contractor could not complete even the first phase of the paving on the 4 -lana portion of County Road 75 before foul weather would set in. During the period after October 15, the contractor continued working on the overlay work and the shoulder work on the 2 -lane portion of County Road 75 and the Hart Boulevard and Cedar Street projects. The paving was completed on the Cedar Street and Hart Boulevard projects on Saturday, October 6, 1984. The paving on the east and west 2 -lane portions of County Road 75 was not completed until Tuesday. October 30, 1984. There were significant problems with the bituminous material on the eastern portion of the 2 -lane section of County Road 75. Approximately 135 tons of the now bituminous wearing course will have to be milled off the west bound lane on the east end of County Road 75 and replaced in 1985. In tho supplementary General Conditions section of the contract specifications for the project under Section CC -12, Prosecution of Work, the following completion dates aro specified: "The catch basins, utilities and bituminous pavement shall be completed by October 15, 1984. All other work shall be completed by October 31, 1984. All work performed after the specified completion dates shall be subject to liquidated damages." The amount of the liquidated damages on this project is $300.00 par calendar day. In December of 1984, the County Highway Engineer, Mr. Wayne Fingalson; the Project Engineer, Mr. Charles Lopak; and myself met with Mr. George McAlpine of Buffalo Bituminous, Inc., to arrive at a schedule for completion of the work in 1985 and to go over oomo of the disputed quantities on the project. In discussing a now completion data for the project, Mr. McAlpine indicated that if the atop work order had not boon issued for the 4 -rano portion of County Road 75, ho would havo had approximately 16 days to complete that section of the project. It was mutually agreed, however, that the project could not have boon completed in that time frame. Wo also diocuaoed liquidated damages. Evan though we had issued a atop work order on the 4 -luno portion of County Road 75, Buffalo Bituminous did not complato the paving on the 2-lano portion of County Road 75 until 15 days after the specified October 15 completion data; and the City and County Cwould have a right to collect 15 days liquidated damages. -7- Council Agenda - 1/14/85 ',- After much discussion, we agreed to allow Buffalo Bituminous 16 days in 1985 during the construction season to complete the 4 -lane portion of County Road 75. Bearing in mind that the weight restrict!.ons in Wright County may not be removed until mid-May of 1985, we agreed upon a completion date of June 15, 1985. We have , however, in no way waived our rights to collect the 15 days liquidated damages due in 1984 and also any liquidated damages due in 1985. Change Order No. 2, which is enclosed for your review, changes the completion date of the contract from October 31, 1984, to June 15 , 1985. B. ALTERNATIVE ACTIONS: 1. This alternative would be to approve Change Order No. 2 setting the new completion date of June 15, 1985. 2. This alternative would be not to approve Change Order No. 2 but to leave the completion date as it is. October 31, 1984. This alternative does not take into consideration the State -a recognized halt in a construction season from November 1 to the end of weight restrictions, and this is a State Aid pro joct. C. STAFF RECOMMENDATION: It is t ho recommendation of the Public Worka Director that the Council approve Change Order No. 2 as outlined in Alternate p1. D. SUPPORTING DATA: Copy oP Change Order No. 2. C -B- ORR-SCHELEN-MAYERON 8 ASSOCIATES, INC. 2021 E. HENNEPIN AVE. r SUITE 238 MINNEAPOLIS. MINN. 55413 CHANGE ORDER NO.2 ................ S _0_ RE; Cl.ty„of ,Monticello Pro]. 84-1. 84-2. 84-3 .Buffalo.AituMIT)Ov.e..IP.S................ Contractor P.O. Box 126 ................................................ .Buffola..14?..55713........... I ................ Dear Sir (s) Under your contract dated .. August .13...... 18.84. with CS.ty.of. ftritir0i19..l4innesota Owner for Street...... Conetzuction, 6,Appurtenant, Work, Projecte.,84-1,1,84-2,and 84-3 ........................ we aro authorized by Out owner to hereby direct you to .coMleta .all .work .for..tbe...... PrQjcCt..Q6. PAX. Chq .TAX090. Agodl.illo. A9►4.nP0..%4. fo4Pl%4nCe. Nlth..tho. "y43IM11:41 to. complete, work. on, time clause, of. General Condition, 826. Per, the .contract ............................................................................................ ............................................................................................ ............................................................................................ And to add to (deduct from) the contract. In accordance with contract and specification, the nus of 07 ........................................................ /IOD Dollars There will be an extension of ....---...... days for completion. The date of completion of contract was 10-31. 18 .84. and now will be .G-15..... to . 95.. A,nou1e of original contract Total Addition* Total Deduction. Contract b Duo $611,083.50 I 53,841.40 I -0- I $614.924.90 Approved .......................... 10.... Resileetfu0y submitteda ........................................r f ORA-SCHELEN-MAYERON Approved .......................... 10.... A ASSOCIATES, INC. / ........... Fw �:A . ... . ••••••••••• CanlrlttM Council Agenda - 1/14/85 Consideration of a Conditional Use Request to Allow an Apartment Building to be Built in Excess of 12 Units - Applicant, Joseph G. Poehler 6 Associates. (T.E.1 A. REFERENCE AND BACKGROUND: On December 10, 1984, the City Council unanimously adopted a motion granting preliminary approval for a proposed 24 -unit apartment house complex which would be financed to the Farmers Home Administration and which would be available to families with low and moderate incomes. At that meeting, we discussed the tentative proposed location as being in Marvin Georgo-s Outlet A. At the January 8, 1985, regular Planning Commission meeting, the specific request for a conditional use to allow more than 12 unite was presented. A public hearing was held with several residents from that area in attendance. Two major issues came to the surface. The first issue dealt with the opposition by the neighbors to the proposed apartment house. Some comments were made that such a development would lower the value of their property. Ono audience participant indicated that Mr. George had presented a different picture of future development than what was, in fact, being proposed. Some parties indicated that low income families would generate a less than desirable neighborhood. A bit of a controversy did develop over some of the statements that were made, but I believe that portion of the issue has boon resolved. The not result of the public hearing was that the residents in the adjoining single family zone were adamantly opposed to the development of apartment dwellings in the R-3 Zone adjacent to the freeway. The second issue that arose is of a legal naturo and had to do with the action taken by the Planning Commission. After the public hearing was closed and the question of allowing 12 additional unite on an apartment house was discussed among the Commission members, Commission member Schaffer made a motion to deny the request for a conditional use, said motion was seconded by Carlson. At that point. I raised my hand with a point of order. I indicated to the Commission that if they intended to deny a conditional use, they would have to stipulate a rationale or justification for such denial. I attempted to stress that a conditional use is considered to be a permitted or an allowable use provided that certain reasonable conditions ars mot. Those conditions can be assigned by ordinance or at the discretion of the Planning Commission with the intent to lesson the impact Of the particular use. After soma discussion, Mr. Schaffer reaffirmed his motion stating that the request for 12 additional multiple unite was denied based on the Commission -a desire to not grant 12 additional units. I again emphasized that without -9- Council Agenda - 1/14/85 providing a rationale or justification, the Commission's decision could be ruled to be arbitrary and capricious, and the City would be open to litigation. The real essence of the matter is that if a developer requests a conditional use and complies with all conditions attached to that use, the City must grant a permit. After the meeting had ended, there was an informal discussion amongst the Planning Commission members and staff. While still being distressed over the comment made by a member of the audience with respect to the quality of residents in low income housing. I attempted to explain the legal impact of ruling on any conditional use, not just the conditional use before them. A rather vigorous debate followed relating to the extent of discretion that may be exercised when reviewing conditional uses. The matter remained unresolved and is being directed to the City Council for their action. The morning after the Planning Commission, I contacted John Uban immediately for clarification on conditional uses. I have also met with the City Attorney requesting that he rule on the role and function of conditional uses. Both Uban and Pringle agree that a conditional use under Minnesota law is deemed to be a permitted use provided that the special conditions intended to lesson the impact of that use arc complied with. That Is to say, if conditions that are attached to a use which is determined to be special, than the permit must be granted. Consequently, based on the rulings of Dahlgren and Pringle, the Planning Commission acted arbitrarily and capriciously, and their motion carries no substance. This then brings the issue of a conditional use to the City Council. It strikes me that it is absolutely essential, in order to avoid litigation, that the City Council not affirm the ruling of the Planning Commission. What can be done, however, is that action on the granting of a conditional use be postponed until ouch time as the proposed subdivision has boon completed by Mr. George. In the very early planning stages of this project, Mr. George indicated that he intended to have a preliminary plat ready to be presented for the January meeting of the Planning Commission. Staff indicated that would be acceptable and based on the preliminary plat, we could also consider the conditional use for the multiple dwelling. As it turns out, Mr. George woo not available to present a preliminary plat, and the apartment house developer was loft proposing a development that did not have a specific site defined. It was, in fact, designed to moot all land use criteria as stipulated in the zoning ordinance, but the site in question had not boon opocifically determined an to location. The Councillo position then could be ouch that before we can provide adequate review with respect to the typos and extent of conditions that may be attached to ouch a project, we must coo specifically which lot is proposed for development. -10- Council Agenda - 1/14/85 Hence, the rational thing to do at this time is to not deny the conditional use, but rather to postpone any action until the Marvin George plat has received at least preliminary approval and maybe final approval. Realistically, only after the entire subdivision has been reviewed in terms of quality, traffic, density, etc., can a legitimate judgement be made with respect to this apartment house project. I think it would be legitimate for the Council to ask the question why should a project be presented prior to the plat being presented. Utilizing what happened with the Powers and Kjellberg PUD where Wendy's was granted total approval without a lot designated, we decided to let Mr. Poehler go ahead and appear as scheduled oven though Mr. George was not ready to appear. Ordinarily, staff has never allowed a particular project to come before either body prior to the approval of the general development concept (excluding the Wendy's hamburger stand). B. ALTERNATIVE ACTIONS: 1. Grant approval to the conditional use requesting 12 additional units - While this could be done legally, I think it would be inappropriate considering the fact that we have not seen the overall plat proposal. By granting approval without being able to review the overall plat and development prospects of that plat, the opposing residents may have grounds for legitimate action against the City. 2. Deny the conditional use - Without a sound rationale or astablishmont of specific conditions with which the developer cannot comply, denial would becomo arbitrary and capricious. Such a decision would open the City to litigation from the developer. As the City Attorney notes, a finding of fact must be mado with respect to any denial, and ouch a finding cannot be made at this time. 3. Postpone action until the completion of the Marvin George plat - I think this is the most reasonable and beat protects tho City. I think it can be easily demonstrated that the City cannot evaluate the impact of a specific development outside of a general context of overall development, and that general concept of overall development is lacking at this time. C. STAFF RECOMMENDATION: Staff recommends action as laid out in Item 3. D. SUPPORTING DATA: Copy of December 10 Council mooting minutes (attached at front of your agenda packet in the minutes section); Copy of comments from John Uban; Copy of statement from City Attorney Pringle; Minutes of the January 8 Planning Commiaoion meeting. Consul6no Planners One Groveland Terraoe (6121377-3536 MinneaDdis Minnesota 55403 Howard Dshlyen Assodates / Incorporated MEMORANDUM DATE: 9 January 1985 TO: Tom Eidem, City Administrator City of Monticello FROM: C. John Uban, Principal Planner RE: The Process and Considerations of a Conditional Use Permit 1. As defined in the Monticello Zoning Ordinance 10-2-2, a conditional use is defined as follows: Conditional User A use, which because of special problems of control and uses, requires reasonable but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the municipal land use plan. A conditional use permit is defined ass A permit issued by the Council in accordance with procedures specified in this Ordinance, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the spacial problems which the proposed use presents. Further into the Monticello Ordinance 10-22-3, in talking about the purpose of a conditional use permit, it is stated that the City shall have a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. 2. Generally in Minnesota the conditional use process is one in which the use itself is considered a permitted use with reasonable conditions attached. The conditions then must respond to the special problems or conditions surrounding a particular use. Typically, these considerations have been in the form of traffic, parking, screening, height of buildings, setbacks, trash handling, signs, and other objective and reasonable considerations. It is then the charge of the Planning Commission and City Council to analyze the proposed use �9 MEMORANDUM 9 January 1985 RE: Special Use Permits Page 2 on a particular piece of property and determine at what point the use J becomes suitable in light of the general welfare, public health, and safety. These then form the conditions of that approval. This then adds a degree of control over the use more than what is existing in the typical ordinance. This control is similar to that of a PUD in which a variety of special considerations are provided for before the use is approved. A denial of the use can only be made with the realization that the conditions necessary to make the use reasonable cannot be met. 3. Comments on conditional use permits (special use permits in nature) in the American Planning Law, Land Use, and Police Power publication by Norman Williams, Jr.: "Most special -permit arrangements are designed to deal with two different kinds of problems: a. site selection within a district: and b. the adjustement to the individual site. First, under such arrangements as it is possible to see to it that certain specific types of uses are not scattered around through the district, but aro placed only on cites where they will be useful, and not detrimental. Second, the board's power to impose conditions makes is possible to minimize the unfavorable impact upon the immediate vicinity. Special pormit arrangements arc thus concerned primarily with (a) location, and (b) layout." 4. In reviewing case law involving special and conditional uses the national trends appear to be vague and give no real direction as to the appropriate theory and method of constructing and issuing conditional uses. It is our opinion that the City Council does have discretionary powers in issuing conditional use permits and our belief is that in Minnesota the sense of reasonable conditions has prevailed determining whether or not the permits are issued. One test might be in looking at the proposed use and the zoning district in which it is proposed - is there a hatter cite for the use, and/or is there a bottor site plan that will moot the conditions expressed in the Ordinance: 5. Without in depth research of case law in Minnesota, a specific test of the conditional use before you cannot be made. I believe it would be helpful to the City to establish more detailed guidolinca in which to addrano future conditional urea so that proponents may have a clearer understanding of the conditions and standards required by the City. UPJ MEMO TO TOM E1DEM Question: Upon a petition for a conditional use, can the petition be denied without a reason or reasons being given for the denial. Answer: No. Argument: When a conditional use permit is requested, the planning commission mast give valid reasons for not allowing the permit. To just vote no and give no reasons for the dental is conduct termed arbitrary and capricious. Such arbitrary and capricious conduct is not allowed by the Courts. If the aggrieved petitioner goes to Court after having his conditional use permit denied without valid reasons bring given, he will certainly prevail and the Court will either remand the matter for rehearing or simply order LhaL Lhr permit be issued. The aggrieved party might very well qualify for damages also. Whenever a conditional use permit is denied, valid reasons must be given for the dental. These reasons must be land use reasons. Planning Commission Minutes - 1/8/85 3. Public Hearing - Conditional Use Reguest to Allow an Apartment Building to be Built in Excess of 12 Units - Applicant, Joseph G. Poehler 6 Associates. Mr. Joe Poehlor was present with his proposal to build a 24 -unit low to moderate income subsidized houaing apartment building. Mr. Poehler's apartment building would be a 2 -story building, 16 one-bodroom units and B two-bedroom unite. The one -bedroom unite would consist of 616 sq. ft., and the two-bedroom units would be composed of 716 sq. ft. of zoom area. Tom £idem, City Administrator, explained to Planning Cc,=isaion members the background of the proposed new plat, that being Mr. Marvin George of Marvin George Builders, currant owner of the Outlot A, Country Club Manor Addition in the City of Monticello. Mr. George will be coming in at the next Planning Commission • meeting with his proposal to subdivide the 12 plus acres in Outlet A. Planning Commiasion Chairman, Jim Ridgeway, questioned the building setbacks without a proposed lot. Zoning Administrator Anderson countered that Mr. Poohlor's original project was proposed to be built on the land in Outlet A adjacent to County Road 39 and Country Club Road. With the initis l!plans as submitted. the proposed 24 -unit apartment building would moot the minimum cutbacks an required in R-3 Zoning. Planning Commission Chairman. Jim Ridgeway, opened the meeting up for any Input from the public. Tracy Salzwedol, resident of Country Ciub Manor -Addition, questioned the parking lot location in proportion to the apartment building. Mr. Poohie r answered the parking lot would be Immediately east of the proposed apartment building. Mir. isms, Mater, also a current resident in Country'Club Manor, questioned the type of housing and the increased amount of traffic by such typo of now development. citing the increased traffic and with this typo of housing, generally lover income people, would brieg increased amount of theft and vandalism to the eros in question. Mr. Tom Hitchcock, also a resident of Country Club Manor, questioned as the typo of housing and the devaluation of their residential homes in the areas property valuations. Mr. Poehlor replied that the typo of housing would be low to modorate,income subsidized housing and that the apartment building itself ie of the nature of a woll-constructed apartment building, that being permanent type oiding is, being Installed with some ar.terior brick involved also, that the buildings, by federal government guidelines, aro of the nature of a bettor quality type of construction and appearance than have boon in previous years. Tracy Salzwedal I I Planning Commission Minutes'- 1/8/85 questioned the amount of rent. When he was currently renting, 5225.00 vas the minimum that a rental unit could ba Lound Por and that with the lo -or rental rates for thio apartment building how it would devalue their property values. Mr. Poehler countered that the minimum amount of rent to be paid per month would be $190.00. He also Indicated that that doesn't mean that any and/or all of the proposed tenants in the building would qualify for the minimum amount of $190.00 per month rent. Mr. Poehlor indicated a survey that was conducted back in June of 1986 shoved that thara vara many working people that were at entry level working poaitiono.in their jobs with an income of $8,000.00 £0 $12,000.00 par year, with- those types of people moot likely to rent an apartment in his building. Mr.'Deland Larson presented to Planning Commission members a signed petition from property owners in Country Club Manor stating their objection to Mr. Poehler'o proposed apartment project. Mrs. Rick Haugato indicated that Mr. Marvin George, the developer, had indicated to Country Club Manor residents before purchasing their new homes that the area in question, Outlot'A, vas to be for townhouse'unito only. I i Chairman Jim Ridgevey cloned the public hearing at this time. Notion by Cd Schaffer, seconded by Richaid Carlson, to deny the conditional use request for an apartment building to be built in excess of 12 units. Voting in favor of the denial was Richard Carlson, Ed Schaffer, Jim Ridgevey. Voting against: None. Abstaining: Joyce Dowling. JI l Council Agenda - 1/14/85 10. Consideration of Conditional Use Request to Allow an Addition to be Built onto a Non -Conforming Building in a B-3 Zone, Applicant, Danner Trucking. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Robert Danner, Danner Trucking, would like to have an attached leanto building to be built onto his existing truck garage for use of items currently stored outside to be stored in ,this new building addition. If allowed to put on the building addition, Mr. Danner would thus have very little,if any,outside storage that is not under cover other than the excess semi -trailers, which he would not be using at this time. Mr. Danner's trucking business is not allowed in the current zoning which exists there, B-3 (Highway Business Zoning). Thomas Eidem and myself have discussed with Mr. Danner the possibility of relocating into a zone where his trucking business is an allowable use. He has indicated interest in working with the City on a possible relocation. However, money would be the main stumbling block in regards to a relocation of Mr. Danner's trucking business. If he is unable to sell hie property at a reasonable price and obtain property in a now zone and allow a building to be built there within a reasonable amount of money, Mr. Danner would not go along with this. He would like to stay where he is until L I he can afford to build a now building on a different site. Staff le looking at the existing situation of Mr. Danner's property as blighted property, allowing him to build this addition merely to clean up most, if not all, of hie outside stored items and put them in under cover, therefore cleaning up the area considerably from what it is now. However, the adding onto a non -conforming building is not allowed by ordinance. B. ALTERNATIVE ACTIONS: 1. Approve the conditional use request to allow an addition to be built onto a non -conforming building in a 0-3 Zone. 2. Deny the conditional use request to allow an addition to be built onto a non -conforming building in a 0-3 Zone. 3. Deny the conditional use request to allow an addition to be built onto a non -conforming building in a B-3 Zone and notify Mr. Danner that he is to remove the building addition from hie property. 4. Take legal action against Mr. Danner to have the building addition removed from his property. C. STAFF RECOMMENDATION: CCity staff taken the neutral poaition in Mr. Dannor'a conditional -12- Council Agenda - 1/14/85 use request. We did indicate to Mr. Danner the risk he would be taking in leaving his partially complete addition up and that it is a non -conforming use in a B-3 Zone; and should his conditional use not be approved, he would have to remove the structure from his building site. By allowing the addition to be built, we would be cleaning up the currently existing outside stored blight around his existing building site. D. SUPPORTING DATA: Copy of the location of the proposed building addition. �'J� -':r:ra , c�`./ it 1..� � r�,'I„ •�-...}' 'I , '• : ? f ) It { !1 ?l`f/ . t I1.,J t jeK, �, �rr � ��.''Fes.: �. "lot a 7�1 N �+' r �q "\ f l t•i ti K 1' , , • ' •'1`.�'.-t � • + • f I.'. •I �. � `�' 1. •""". '• �va�j' ,A' "j,�1 t�iy/ i•r'I' �•,1 IN •a , �`� �•1J j i . . Q`��. q'o • „� ,fir ���'�1� ft �,• Jff . J/. ....3 1. i 7 �• "•..,.J •�. �. }' .l HIGHWAY N0. g4- 1\ r!• tfi t plw' j7�: � 1 ' avotc F r+� ,;. �` r " Anel R pp�� Q�L y yOn • o�1f �{ •+w 1 '"!' .. ,,. _ ;rte ; Ca add�cionbU dinii' in ,••,� •• '�'+' � .. r Council Agenda - 1/14/85 11. Consideration of Making Annual Appointments. (T.E.) A. REFERENCE AND BACKGROUND: Minnesota Statutes require that at the first meeting of the new year certain appointments be made. Past practice has been to discuss a single motion adopting all appointments at the end of discussion. This strikes me as the most efficient manner. Hence, I am submitting to you a list of the required appointments and requesting that at the completion of discussion, a single motion be passed making the appointments. a. City Depositories In ,the past, you have designated three official depositories. I am suggesting a fourth be added to the list at this time. The four will be Wright County State Bank, Security Federal Savings 6Loan,, First National Bank of Monticello, First Bank of Minneapolis. b. Official Newspaper The Monticello Times. c. Health Officer Historically, Dr. Maus has served as the City Health Officer. The duties and service of the Health Officer have boon extremely limited, and I suggest you simply renew the appointment. d. Housing and Rodevolopment Authority Two appointments are required for the Housing and Redevelopment Authority. Ono appointment is to fill the vacancy created by the exit of Don Cochran. Don's remaining term expires December 31, 1988. Ken Maus, upon leaving the City Council, has agreed to accept the final two years of the Cochran term. The other member whose term oxpiroa December 31 of 1984 is Bud Schrupp. Ito, too, has agreed to accept reappointment for one more 5-yoar term, taking him through the and of 1989. All other HRA members aro in mid-term and have given no indication of plans to vacate their office. Consequently, there aro only two anticipated appointments, those being Ken Maus for the balance of Don Cochran's term and Bud Schrupp'a reappointment for a full 5-yoar term. o. Planning Commission This Commission also has a vacancy created by the exit of Don Cochran. The four remaining members, Jim Ridgeway, Ed Schaffer, Joyce Dowling, and Richard Carlson, have all -14- Council Agenda - 1/14/85 agreed to accept a reappointment to the Commission. We are then left with finding a fifth person. Staff has had a number of names suggested to them, but no one has come forth as a willing volunteer. The Mayor has also indicated that he has spoken with various individuals in the community who, it is my understanding, say they are considering the appointment. Filling this vacancy at this time is not mandatory, but it does allow the possibility for tie votes in a critical matter. Whether or not a fifth person is found to sit on the Planning Commission, the four names listed above should be confirmed as reappointments for 1985. Perhaps by Council meeting time an individual will have come forward who has indicated a willingness to serve. f. Representatives to Other Multi -Jurisdictional Bodies These three appointments are simply a matter of selecting the City representative to serve on each of the following bodies: The Community Education Board, the Joint Fire Board, and the OAA Board. g. Acting Mayor Annually, one person on the Council must be stipulated to act as Mayor in the absence of the elected Mayor. The past year, this role has been filled by Ken Maus. h. Parking Committee This Committee has not met in the last year and has soon its function dwindle in light of exercising various zoning restraints to parking. While wo anticipate that this Committee can be diabandod when the final zoning ordinance amendment is complete and adoptod, since we are Still in that process, I would recommend retaining that Committoo as we go through the process. Hopefully, there will be no need for this group to moot. i. Library Board Thorn are two, 3 -year appointments required for the Library Board this year. Those people aro Warren Smith and Dr. Joel Erickson. Both individuals have agreed to accept reappointment for another torm. The Library Board, by ordinance, requiroe a Mayoral appointment with Council ratification. The following appointments are not required to be mado annually by Statute. Each of them are designated to perform services on an as-noodod basis and may or may not bo finalized with a -15- Council Agenda - 1/14/85 contract. in the past, you have made a practice of making these appointments at the annual meeting. J. City Attorney Gary Pringle has filled this office for the City for several years. He has agreed to accept the appointment for the upcoming year. k. Consulting Planner Howard Dahlgren S Associates has been the City's Planning Firm for a number of years as well. Again, while this need not be a formal appointment, such an appointment can be made at this time. 1. City Auditor This,, again, is not a required annual appointment but can be done on an as -needed basis. Historically, we have used Gruys Johnson to do our audit. Anticipating that the City may convert its accounting system to computer sometime in 1985, I think it would be beat to prepare bid specifications for auditing for the year of 1986. Consequently, I suggest we retain Gruya Johnson for 1985 since they have the complete financial history of the City. I do think that it will be wiao to consider preparing specifications after we have automated our accounting system. m. Consulting EnAinoor CSM is the only firm with whom we enter a legal contract for services. Rather than make the appointment of OSM as the Consulting Engineer a part of this agenda item, I suggest that all appointments be made except the Engineer and then move directly into the next agenda Stam, which is the ratification of proposed engineering contract. For record keeping purposes, this provides us with two separate motions: Ono making appointments, and a second motion authorizing the execution of a contract for services. The attached shoat, as supporting data, lists all of the appointments required for thio ysar-a meeting. -16- C. Council Agenda - 1/14/85 Addendum I to Annual Appointments (T.E.) Since the preparation of the foregoing agenda supplement, one person has emerged as a likely candidate for the Planning Commission. Mr. Richard Martie has indicated that he would be willing to accept an appointment. It is my understanding that Mayor Crimsmo first contacted Sally Martie as a potential Commission member, who indicated she would be interested. Apparently, after discussing the potential appointment with her husband, it was decided that Mr. Martie, having experience on the City Council, would prefer the appointment. Mr. Martie is the only candidate for the position who has come forth. The decision to appoint rests with the Mayor and Council. with respect to the Parking Committee appointments, I am suggesting that only three members be appointed for the upcoming year. With Mr. Poirier leaving the business community and Mr. Lund retiring, I suspect that their contribution to the Parking Committee would be minimal at beat. Consequently, since our goal is to eventually regulate parking through the Zoning Ordinance rather than by committee, I recommend that the Committee be retained as a 3 -member board until its dissolution. The three members currently serving are Morn Flicker, Bud Schrupp, and Dennis Seitz. -17- ANNUAL APPOINTMENTS Official Depositories: Wright County State Bank tat National Bank of Monticello Security Federal Savings 6 Loan lot Bank of Minneapolis Official Newspaper: Monticello Times Planning Commission: Jim Ridgeway Ed Schaffer Richard Carlson Joyce Dowling Richard Hartle RRA: Ken Maus (to fill remainder of Cochran'a term) Rud Sehrupp Library Board: Joel Erickson Warren Smith Parking Committoo: Dennie Seitz Marn Flicker Bud Schrupp Other Jurisdictions: Community Education %;.'11 Fire Board 1'. . K OAA p-C4, Acting Mayor: City Attorney: Gary Pringle Consulting Planner: Howard Dahlgren 6 Associates Auditor: Gruyo Johnson 6 Associates Health Officer: Dr. Maus ANNUAL APPOINTMENTS Official Depositories: Wright County State Bank tat National Bank of Monticello Security Federal Savings 6 Loan lot Bank of Minneapolis Official Newspaper: Monticello Times Planning Commission: Jim Ridgeway Ed Schaffer Richard Carlson Joyce Dowling Richard Hartle RRA: Ken Maus (to fill remainder of Cochran'a term) Rud Sehrupp Library Board: Joel Erickson Warren Smith Parking Committoo: Dennie Seitz Marn Flicker Bud Schrupp Other Jurisdictions: Community Education %;.'11 Fire Board 1'. . K OAA p-C4, Acting Mayor: City Attorney: Gary Pringle Consulting Planner: Howard Dahlgren 6 Associates Auditor: Gruyo Johnson 6 Associates Health Officer: Dr. Maus C Council Agenda - 1/14/85 C. STAFF RECOMMENDATION: Staff recommends we go with the renewal of OSM contract. I think it is important to maintain consistency with our Consultants. Further, comparatively speaking, we are in the same financial area as other cities who are using different firms. D. SUPPORTING DATA: Copy of the letter from OSM introducing the contract revisions; Copy of the 1985 fee schedule. -19- ORR-SC HELEN •MAYERON &ASSOCIATES, INC. Consulting F12YI17CCIS LanclSurvcyors December 27, 1984 Mr. Thomas Eidem, Administrator City of Monticello 250 East Broadway Monticello, MN 55362 Re: Engineering Services Agreement Dear Mr. Eidem: Pursuant to Article 9 of the Contract for Engineering Services between the City of Monticello and OSM. I am enclosing for your consideration a copy of the revised schedule of hourly rates for 1985. These hourly rates are applicable in 1985 for work performed on an hourly basis as set forth in the Engineering Agree- ment. As you may recall, we made a change last year from a 2.25 multiplier for field personnel to 2.15. The salaries for engineers and supporting technical staff have increased approximately 5% over 1984, and the multiplier remains at 2.25. Again, the hourly rates under this category are the maximum rates to be charged, even though the employee assigned to the project may be earning a higher salary. The hourly rate for Construction Observer and Survey Crew(s) has increased by approximately 5.451 over 1984 to reflect salary increases this past year. The multiplier remains at 2.15, and the rate shown is a flat rate for this category of work. All costs related to word processing, clerical, printing, and mileage charges are again considered in our u verhead, and no billing will be made for these support services in 1985. We look forward to continuing our good working relationship in 1985 with the City of Monticello in providing professional services as your city engineer and engineering consultant. If you have any questions, please contact me. Yours very truly, ORR-SCHELEN-MAYERON ASSOCIATES, INC. �L� John P, Vice President JPB:nlb EnclosureQfT 2021 fast Hannepin Avenue • Suite 238 Minnoapolis, Minnesota 55413 • 612 / 331. 8660 ORR•SCHEIEN•MAYERON &ASSOCIATES, INC. Consulting Engineers Land Surveyors 1985 FEE SCHEDULE Schedule of hourly salary costs to he multiplied by 2.25 to determine hourly fee. Principal $34.50 Project Manager 27.75 Project Engineer, Surveyor, Planner 22.50 Engineer, Surveyor, Planner 19.00 Designer 21.00 Technician 16.75 Technician 1 14.75 Schedule for hourly salary costs to be multiplied by 2.15 to determine hourly fee. Construction Observer $19.00 3 -Man Survey Crew 38.00 2 -Man Survey Crew 30.00 "Salary cost" is defined as salaries (including sick leave, vacation or holiday pay applicable thereto) of personnel for time directly chargeable to the project, plus unemployment and payroll taxes, employer's contribution for social security, employee's insurance, retirement benefits, and medical and surgical benefits. The actual salary cost is dependent upon the hourly rate of the employee assigned to the project, except that Construction Observers and Survey Crews rill be charged at the flat rate shown above. All costs, such as vehicle mileage, survey equipment and vehicles, computer ser- vices, word processing, clerical, printing and reproduction costs are included in the hourly fee. The fep, for attendance at regular council meetings will be $40.00 per meeting. Statements issued monthly will include names of personnel associated with the work and a summary of time spent. �1 2021 Cost tiennepin Avonuo . Suite 238 • Minncopolis, Minnesota 55413 • 6121331-.8660 Council Agenda - 1/14/85 13. Consideration of Maintenance Agreement with Wright County for County State Aid Highways in Monticello. (J.S.) A. REFERENCE AND BACKGROUND: For many years now the City of Monticello has each year entered into an agreement with Wright County to maintain certain County State Aid Highways in Monticello. In the past few years our amount of maintenance under the contract has been reduced to the following: CSAH 39 - From the Public Works Building to CSAH 75 (Broadway) - 258 of snow and ice removal. CSAH 58 - Walnut and 7th Street from CSAR 75 to Highway 25 - All maintenance. CSAR 59 - Locust and 4th Streets, from CSAH 75 to Highway 25 - All maintenance. CSAH 75 - From Willow Street on the west to County Road 118 on the east - snow and ice removal only. The County reimburses us each December an amount based upon the typos of maintenance we do and the number of road miles calculated at the County's actual cost per mile for the previous year. Wo, therefore, receive a chock in December of 1984 for the work porformod in 1984 but based on County coots in 1983. We generally receive between 54,000 and $5,000 for the above maintenance. The County raimbureos us for all typoo of maintenance that we do, with the exception of snow removal by hauling. A copy of the proposed 1985 Maintenance Agreement is enclosed for your review. B. ALTERNATIVE ACTIONS: 1. Thin alternative would be to approve the Maintenance Agreement no pr000ntod. 2. Thio alternative would be to release the maintenance back to Wright County for all or a portion of the above referenced streets. Thin alternative may not be feasible, as the level of cervico, in my opinion, would drop. 3. This alternative would be to request o higher dollar amount par mile than is currently being offered by the County. Thin alternative, I believe, would not bo successful, as the County aetabliahes their coots and uses those coats to administer contracts with various townships and municipalities throughout the County. -20- Council Agenda - 1/14/85 I C. STAFF RECOMMENDATION: It is the recommendation of the Public works Director that you approve the 1985 Maintenance Agreement as outlined in Alternative 01. D. SUPPORTING DATA: Copy of Maintenance Agreement. 04 1985 MAINTENANCE AGREEMENT THIS A :REEMENT made and entered into by and between the City of Monticello hereinafter referred to as the "City" and the County of Wr^'9ht hereinafter referred to as the "County". WHEREAS Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation of the County State Aid Highways within its limits as identified in County Board's resolution@ of August 28, October 8, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be clearly defined; NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. A. CSAH 39 - From City Public Works Bldg to W. Jct of CSAH 75 0.32 miles B. CSAH 58 - From TH 25 to CSAH 75 0.465 miles C. CSAH 59 - From Walnut Street to CSAH 75 0.234 miles D. CSAH 75 - From Willow Street to E. Jct of CSAH 39 3.74 miles (Includes four lane portion) TOTAL 4.759 miles That the routine maintenance shall consist of the following for the above listed sections. A. (CSAH 39) - 25% of the snow and ice removal B.6 C. (CSAH 58659) - Patching, crack -sealing, drainage maintenance, snow and ice removal, and tree trimming 6 brush removal. D. (CSAH 75) - Snow and ice removal That when the City deems it desirable to remove snow by hauling, it shall do• so at its own expense. That the County will be responsible for all other maintenance. That in December of 19_x_, the City shall receive payment from the County for their work. This amount shall be based on the 1984 average annual cost per mile for routine maintenance.on Muncipal County State Aid Highways. The average annual coat per mile will reflect only those costs associated with the areas of routine maintenance for which the City is responsible. ADOPTED: 19 ATTEST: City Clerk Mayor CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on 19 City Clark APPROVED AND ACCEPTED: COUNTY OF Name of City Chairman of the Board ATTEST: V ►IiG �lt _.. tl CPR. J t G1ti.am [GM. i W RM IELZGOp 1GUGae +.tEGtCGt4 !.U"TGaD CDL A Gate C"n MAP OF IOM'ICELLO LIGHT COUNTY POP.3111 Score I s � 1 a � T �; fMMY18 •AK. Z 1 p C 5 • •'o. I , DUeo•9 ea i u �-e "\W Council Agenda - 1/16/85 l 14. Consideration of Supporting the School's Recjucst of Wright County for Traffic Control at the High School. W.S. A. REFERENCE AND BACKGROUND: The Monticello School Board passed a resolution at their January 7, 1985, meeting requesting that the County make three changes in the speed limits and signing along County Road 75 in front of the High School. In addition, they requested that the County install an overhead, double blinking amber light east of the Junior High School parking lot. A copy of the resolution and their map is enclosed for your review. The school has made the request of Wright County to make the proposed, changes. The City is not normally involved in requests of this nature between the school and the County. The school has requested our support, however, in hopes that a request coming from two governmental bodies in Monticello may be met more favorably by the County and/or State Traffic Engineer if need be. Some merit can be seen in the school's request for the speed limit and signing changes. The High School is located in a transition speed zone, and the proposed changes may, indeed. have soma affect on the speed of the vehicles in that area. !/ Their map is a little unclear as to the 1/5 mile warning sign l� on west bound incoming County Road 75. The advance warning sign is currently located near the Bondhus Tool Company. I understand the request is that this sign be a 30 mph sign and a now advanced warning sign be located 1/5 of a mile furthor oast near the Hoglund property. The request for the overhead, double blinking amber light may or may not be as effective as the speed and signing changes. The Council previously has discussed the existing flashing lights near the Elementary School and the High School, and the past consensus has boon that they do little to affect the traffic flow in the area. I boliovo the school fools that an overhead light hanging on a cable may be more noticeable than those on the shoulder of the road. This may or may not be the case. I do know the County has had a significant amount of problems in kooping up the and median marker near the proposed light location. This markor is knocked down at least five or six times a year. It is poseiblo that soma typo of light mountod on tho and of the median may servo a dual purp000 such as marking a crosswalk and marking the beginning of the median for that 4 -lana portion of County Road 75. Such a light would be much casior to maintain than one dangling 20 foot in the air. .22- Council Agenda - 1/14/85 B. ALTERNATIVE ACTIONS: 1. This alternative would be to support entirely the school's request of the County for the four items as listed in their proposed resolution. 2. Alternative #2 would be to support the speed limit and signing changes but to not support the overhead, double blinking amber light. 3. This alternative would be to support the speed limit and signing changes and a combination median marker and crosswalk light. 4. This alternative would be not to offer any support or ratification of the school resolution and let the school deal with the County on their own. 5. Endorse the request to alter speed limit regulations but leave signing layout and design to traffic professionals. C. STAFF RECOMMENDATION: No strong recommendation comes from staff; however, we tend to agree with a position similar to Y5. D. SUPPORTING DATA: Proposed resolution and map from the Monticello Public Schools. -23- PROPOSED RESOLUTION Board Member Jim Herbst moved adaption of the following resolutions: Be it resolved that the Board of Education of Independent School District No. 882, Monticello, Minnesota hereby recommends that the Highway Department of Wright County make the following adjustments in the posting of speed limit signs on County Highway 15 past the Junior -Senior High School. 1. That an additional 30 MPH sign be posted between the two Junior High parking lot driveways as indicated on the enclosed drawing for eastbound traffic, and; 2. That the 55 MPH sign for eastbound traffic be moved in an easterly direction to a point immediately before Bondhus Tool Company driveways, and; 3. That a 30 MPH sign be posted immediately across from the 55 MPH sign west of Bondhus Tool Company for traffic approaching Monticello and proceeding in a westerly direction, and; 4. That an overhead double blinking amber light be installed east of the Junior High School parking lot. Rationale for the proposals listed: The enactment of the enclosed resolution will serve the purpose of providing a safer traffic flow past the Junior -Senior High School and Monticello -Big Lake Community Hospital. At the present time, eastbound traffic has accelerated to 55 MPH by the time it reaches the Junior High parking lot even though this is still technically a 30 MPH speed zone. Westbound traffic entering Monticello under present conditions does not begin slowing down until they are in the vicinity of Washington Street. By relocating speed zone signs as recommended in this resolution, the Board of Education of Monticello Public Schools feels traffic problems will be greatly diminished in the general area of the Junior -Senior High School. This resolution was seconded by Jay Morrell with -the following vote being reached: In Favor: All Against: None Abstained: None Absent: Don Doran January 7, 1985 - Regular Meeting of the Board of Education, Monticello Public Schools. D J�G7 �ot nle Ss mPN Sign 41 Gj �° fZir»faer p✓erhe,,41 J� SSmPN stg�n �i .� o eQPerfcexanlrt�4— okesr n meq• y•Zh � 6� 14 r. t+.bs1�;,7,�nr► � liJo�r�r,�.LOron 3 uc dace} 41 Council Agenda - 1/14/85 15. Consideration of 1985 Sever Rate Increase. (J.S.) A. REFERENCE AND BACKGROUND: Due to the increase in cost of operating the wastewater Treatment Plant facility, laboratory, and the collection system, it will be necessary to raise sever rates in 1985. The actual operation and maintenance budget for 1984 was $236,670.00. The proposed budget for 1985 is $255,250.00. There is a difference between the two budgets of $18,580.00. Of this $18,580.00, 28.78 is due to an increase in personal services primarily through the addition of temporary salaries. Approximately 6.89 is an increase in operating supplies. Another 38.79 is an increase in other services and charges such as utilities and taxes. The last item, or 25.89 of the increase, is in capital outlay. Last year capital outlay was not budgeted in the Sewer Fund. In preparing a sever rate data sheet, we used the formulas incorporated into our user ordinance. We need to raise $255,250.00 for the operation and maintenance of the WWTP. All of the credits and excess revenues over operation and maintenance for 1984 total $20,450.00. This is without any CETA reimbursement. Using thosecredits, we need to raise 5234,800.00 from users of the WWTP and collection system for 1985. Based upon all of the available data as far as loadings to the WWTP, projections from industry, and estimated residential and commercial usage, our existing sower rate would only raise $219,967.00 in user fees for 1985. This would be $14,833.00 short. utilizing the formulas in the ordinance to make up the expected shortfall, we come up with the following rates: Not Change 1983 1984 1985 Change Over 2 Yearn Flow 50.680/100 cu.ft. $0.641/100 cu.ft. $0.686 Up 7.39 Up 1.29 BOD .133/pound 0.072/pound $0.095 Up 31.99 Down 28.69 TSS .183/pound 0.160/pound $0.185 Up 15.69 Up 1.69 Combined Rate Rea., Com., 6 Inst. 51.28/100 cu.ft. $1.25/100 cu.ft. $1.29/ Up 3.29 Up 0.89 100cu.ft. The actual workshoet as to how the above figures were determined is enclosed for your review. The combined rate for residential and commercial and institutional users is proposed at $1.29/100 cu.ft. for 1985. This is a very slight increase and should not put a significant burden on any of the users. The industrial rates, those individual rates for Flow, DOD, and TSS, fluctuate more -24- Council Agenda - 1/14/85 significantly with changes in loading at the WWTP. Although the industrial rates are up, the overall rate itself is significantly lower than that of two years ago. If we are fortunate enough to obtain some type of CETA or reimbursement from some other government program for the part-time or seasonal help at the WWTP for 1985, the surplus would be credited to users in the 1986 rates. B. ALTERNATIVE ACTIONS: No alternative actions are presented, as the City's user charge ordinance requires that we raise the amount necessary to operate and maintain the WWTP, lab, and collection system from the users of those facilities in a fair and equitable manner utilizing formulas provided. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director that the City set the 1985 sanitary saver rates, effective January 1, 1985, to be as follows: Flow BOD TSS Combined Rate (Roo, Com., 6 Inot.) D. SUPPORTING DATA: $0.688/100 cu.ft. ($B minimum billing for let 500 cu.ft.) 50.095/pound 50.185/pound $1.29/100 cu.ft. ($8 minimum billing for lot 500 cu.ft.) Sower Rate Workahoot 1985 (No CETA Reimbursement). -25- SEWER RATE WORKSHEET 1985 (NO CETA ftEIMBURSMEM C1. 1985 Budget for Operation 6 Maintenance. 1. Collection System $ 34,650 13.6% Total 2. Plant 6 Lab $220,600 66.4% Total 5255,250 3. Credits/Debits: 1985 SpecialRevenues S 9,550 1984 excess Revenue Over Operation 6 Maintenance (estimated) 9 11,500 1983 Actual Excess va. Est. Emcees , (16,784 - 15,824) 3 (960) S 20,450 4. User Pees: 9255,250 0 6 M -9 20,450 Credits $234,600 User Poco Reg. for 1985 A. Collection System 13.6% of 9234,600 - 9 31,933 B. Plant 6 Lab 86.4% of $234,800 - 9202,867 Unit Costs 1. Plow - 100% Col Syo. Cost + 400 Plant 6 Lab, Costs: 100% of $ 31,933 - 9 31,933 40% of 9202,867 - 9 81,147 TOTAL FLOW COSTS 9113,080 Estimated Billable /low for 1985 - 121 Million 041lons or 16,441,850 cu -It. •' Cost - 9113,060 divided by 164,438.5 - $0.668 por.100 cu.tt. 2. BOD - 30% Plant 6 Lab Costs 30% of 9202,867 - 9 60,860 1984 Estimated Total Pounds of 000 - 640,240 lbs. 6 60,860 divided by 640,240 lbs.'- 60.095/pound 3. TSB - 300 Plant 6 Lab Costa 30% of 9202,867 - 6 60,860 1984 Estimated Total Pounds of Suspended Solids - 328,965 lbs. C9 60,860 divided by 328,965 lbs. - 80.185 /pound 1 �� S erer Rate Worksheet 1985 (Mo Cote Reimburement) Paps 2 III. Industrial Loadings Estimate 1985 Ji Wrightco 20.0 MG 225,0000 100,0000 NSP 2.4,NG 3,0000 2,0000 Bondhus Tool 0.2 MG 2500 1700 TOTALS 22.6 MG 228,2500 102,1700 Costs: 22.6 MG 0 5.688/100 cu.ft. - S20,787 228,250 lbs 0 S•095/pound - $21,684 102,170 The 0 5.185/pound - S18,901 TOTAL S61,372 IV. Residential, Commercial 6 Institutional Loadings Estimate for 1984. FLOW: Total Billable Flow All Users 123.0 MG Leve get. Industrial Flow 22.6 MC - Ree., Cm.,6 Inst. Flow 100.4 MG 100.4 1%G X .688/100 cu.ft. - S 92,347 BOD: Total BOD - 640,240 Lose get. Ind. DOD - 228,250 - Ree., Cm. 6 411,990 Inst. BOD 411,990 The X 00.095 - 5 39,139 TSB: Total TSS - 328,965 Leas get. Ind. TSS - 102,170 - Res.. Cm., 5 226,795 Inst, TSS 226,795 lbo. X $0.185 - S 41,957 TOTAL REB.. CON., S INET. COSTS: 5173,443 RATE: $173,443 divided by 100.4 14C (Total Rea., Com., 6 Inat. Plow) or 134,225/100 cu.ft. - 1.29 per 100 cu.ft. RATE COMPARISON Net Change 1983 1984 1985 Chane Over 2 Years Flow 50.680/100 cu.ft. $0.641/100 cu.ft. $0.688 Up 7.3% Up 1.2% BOD .133/pound 0.072/pound 50.095 Up 31.9% Down 28.6% TSS .183/pound 0.160/pound $0.185 Up 15.6% Up 1.6% Combined Rete Res., ] Com., i J Inst. $1.28/100 ou.tt. $1.29/100 cu.ft. $1.29/ Up 3.2% Up 0.8% 100cu.tt. -Note. Information provided by Grog Pauses of Wrightao, Inc. On 12/17/84 1 /S,1 Council Agenda - 1/14/85 16. Consideration of a Resolution Authorizing Execution of an Agreement with Control Data Corporation and Other Minnesota Coalition of Outstate Cities on a Joint Comparable Horth Study. (T.E.) A. REFERENCE AND BACKGROUND: Perhaps the most pressing issue to face the City in 1985 will be the establishment of position descriptions and conformity to the comparable worth legislation adopted in 1984 by the Minnesota Legislature. Comparable worth basically means the value of work measured by the skill, effort, responsibility, and working condition normally required in the performance of that work. The concern over comparable worth rose several years ago when it was discovered that female dominated classes (for example, secretarial pools) were paid substantially less than male dominated classes that carried little or no more responsibility (for example, custodial workers). Historically, employers tended to pay males a higher wage under the notion that they were the primary wage earner for a family. Females, on the other hand, were seen as secondary wage earners and were simply paid lose money for the tasks they performed. Other pay equity discrimination areas when famalos would be promoted to management level but would receive substantially less than their male counterpart in the same or a similar job. The State Legislature in 1984 passed Session Law, Chapter 651, to become Minnesota Statute 471.991, which requires that all local governments and political subdivisions establish an equitable compensation relationship among its employees. In order to comply with the now Statute, the City of Monticello must perform in-depth evaluations of ovary position within the City, and must submit said report to the Commissioner of Employee Relations by October 1, 1985. Basically, this means that we must astablioh a numerical rating system that -oflocte on ovary took that an employee performs under the general guideline of their job description. The job descriptions that we have written are not acceptablo. when each position has been numerically rated, then the point values are totaled up to create a position rank. Pooitiono with similar total pointe by state law should bo receiving similar compensation. This dome not moon they have to rac vivo identical dollars, but it does moan that pay must be comparablo/oquitablo. Perhaps ovo ratating the obvious, I do with to clarify the difference between comparablo worth and competitive worth. Comparablo worth, as I have described above, is like pay for like positions within the boundaries of a given employer. That is to say, if an oxacu tivo secretary has the same point value as a street maintonanco worker, than within the boundaries of our payroll, they should be receiving comparable wages. Compotitivo worth, on the otho r hand, compares identical positions between two separate omployars. An oxamplo of thio would be to compare the wage of the City -a Executive Secretary with an oxacutivo -26- Council Agenda - 1/14/85 secretary at eondhus Corporation. In the upcoming year, we are not dealing with competitive worth, although this concept will come up as we complete our position evaluations and determine any pay scale adjustments that have to be made. I see the process involved in complying with the comparable worth legislation as being highly technical and extremely delicate with respect to avoiding potential litigation. In that each and every position within the City must be ranked and evaluated, I also see the process as extremely time consuming in order to meet the October deadline. As has been done in the past for wide sweeping legislation, one organization has taken the lead to encourage joint efforts and cooperative production of position evaluations. The Metropolitan Area Managers Association (MAMA) initiated discussion on comparable worth approximately 8 months ago. It was their position that it would be far more cost efficient to engage a consultant as a joint group to prepare the evaluations, since so many city positions are similar from city to city. At approximately the same time, the Minnesota Coalition of Cities was, independently of MAMA, also considering engaging a consultant for a joint effort. The Coalition, while deliberating on which direction to take, made contact with MAMA to investigate the possibility of joining their, consulting effort, and making this a truly state wide cooperative effort to comply with State Logialation. The Coalition of Outstato Cities has boon invited by MAMA to join the joint process. MAMA has selected as their consultant the Control Data Corporation business advisore to perform the individual job evaluations. The coat to the City of Monticello would be a $3,000.00 base foe plus $25.00 par employee. Assuming we may have to rank 25 individual positions, our total coat to participate in this program would be $3,625.00. This translates to approximately $145.00 per employee. I find thin number to be extremely reasonable for the typo of quality and protection that the City would gain by doing this in a joint effort. Unlike the earlier roeolution that came before the Council relating the Coalition of Outatato Cities and their efforts to lobby the State Legislature on Local Covornmant Aid, this is not a lobbying effort, but rather a production effort intended to create comparable worth job evaluations that will be in full conformance with the law. This to an area not within the realm of the League of Minnesota Cities. it is simply a joint powers agreement meant to croato a top quality product at the least amount of coat. By law, each city has to prepare its own comparable worth study. The proposed method is simply a way for a group of cities to combine their efforts to create one comparable worth study that can be applicable for each of the participating cities. It is not unlike the joint police recruitment system utilized by the motro area communities or liko other joint municipal airports, Gower ayatama, etc. -27- Council Agenda - 1/14/85 B. ALTERNATIVE ACTIONS: 1. Adopt the resolution authorizing payment of $3,625.00 to join the Minnesota Coalition of Outstate Cities and the Metropolitan Area Managers Association in the creation of a comparable worth study for Monticello - Again, because this to a very technical and highly delicate matter, I think the best results can come from a joint effort of this nature. I further think it will be the most cost effective. 2. Do not adopt the resolution, authorize the City to begin its own comparable worth report - Because of the technical and delicate nature of this, I would assume that the City will elect to engage, at least in part,a consultant to assist as well as a labor attorney to review and assist. Not being an attorney, I do not feel qualified to make the kind of judgements necessary for a document that will have to withstand potential litigation. The Coalition and MAMA have also made it clear that there will be substantial fees for buying or borrowing the results of their efforts by cities who choose not to participate in the beginning. Lastly, I think that the staff time put into trying to create this typo of technical report would be substantial and could have a negative impact on the regular performance of duties within City Hall. �I 3. Do not do o comparable worth evaluation and report - I don't sea thin as a real alternative. Any political subdivision not complying with the Statute will be open to litigation from the Attorney General's Office for discriminatory employment practices. The Statute further orders that the Commissioner of Employee Relationo report to the State Legislature by January 2, 1986, ovary political subdivision that has not complied. I suspect that ouch a report could load to a withholding of any non -complying city's Local Government Aid and other financial assistance. Conoequently. I don't believe that non-complionco to an alternative. C. STAFF RECOMMENDATION: Still emphasizing the technical and delicate nature of this, I recommend that wo adopt the resolution to join the Coalition of Outstato Citios and MAMA to have the comparable worth study done jointly. I think the final report will be of a much greater quality than if we did it alone and will be for more reliable within the court system and under State Employee Relations review. D. SUPPORTING DATA: A copy of 1984 Session Lawn, Chapter 651, Comparable worth Legislation; Copy of a memo from MAMA to all managers and administrators and elected officials on comparable worth; Copy of tho minutes of the December mooting of the Minnesota Coalition of Outotato Cities; Copy of tho resolution proposed for adoption. -28- Ch, 650 71A LEGISLATURE valid and confirmed, and all obligations incurred and to be �e _ -_-_--»»---------------'_-----"'-'_______------------' urred and contracts made and to be made pursuant to thong _-__----- --------------- ----------------------------------- actions and proceadings are valid and binding. 1 sec. S. IZ"I=TIOL DATL.I This act is effective the day after final enact-ent. S- A=rvnd Tray L I964 "'• . LOCAL GOVERN5m%T—EQL'PPABLE CONIPF-NSA71ON HELATIO\SHIPS CHAPTER 6S1 H.Y. No 1766 AN ACT relating to local QQoovwernment; requiring every political sW dieiaion t0 establish equitable caensation relationships among its employees; a peraittimqq the town of oindeaere to have the powers of a metrppmlitan area town: proposing new lav coded in MinnesatS Statutes, Chapter 671. IT EKW= SS TB3 {ZGISIATUM OT THE STATE Or M:NNESOTA: '� Section 1. 1671.!911 IDETINITIONS.I S-sbdivision 1. (Tfloa.) For the purposes of this act, the, foilawing terms have the meanings given the=.. Sibd. 2. (BALAlr® C;A S.I 'Balanced class' ceans an? class in which no more then SO percent of the members are male, mril no more than 70 percent of the members are fenale. Subd. 1. ICWAaABI3 saorla vALUL.) 'Co=parable work value', means the value of work measured by the ski11, effort, reepersiDility, and working conditions normally reauired in tCe Fe rf ofme.leg of the work. 1981 REGULAR SESSION Ch. 651 Subd. a. (CLASS.) *Class- means one or more positions that have similar duties, responsibilities, and general Qualifications necessary to perform the duties, with comparable selection procedures used to recruit employees, and use of the same compensation schedule. Subd. S. ILQUITAHLZ COMPrYSATION RELATIONSHIP.) 'Eauitable compensation relationship' mean! that a Drimary consideration in negotiating, establishina. recommendina, and aonrovina total compensation is Comparable work value in relationship to other employee positions within the political subdivision. Subd. 6. 1rDIAI.L-DOMINATED CLASS.] 'remale-dominated class' meant any class in which 70 percent or more of the members are female. Subd. 7, (MALE-DOMINATM CLASS.] 'Male-daminated class' means env class in which 80 percent or more of the members are male. Subd. s. (POSITION.] 'Position' means a group of current duties and responsibilities assigned or delegated by a supervisor to an individual. Sec. 2. (671.9921 (EQUITABLZ COMPT?ISATION RELATIONSHIPS.] Subject to sections 179.61 to 179.76 but notvithstandinq any other is. to the contrary, ever7 political subdivision of this state shall establish equitable compensation relationships between female -dominated, male-daainated, and balanced classes of amolovees. In all interest arbitration held pursuant to sections 179.61 to 179.76, the arbitrator shall fo:low the sa'jitable compensation relationship standards established under sections 1 to 10. This section will become effective August 1, 1967. Citi. 651 :3rd LEGISLATURE A. - Sec. J. (671.9911 (CCI4PZnATjCX RSLATIMMIPS ()F ITIt1Ab. ) SPbdlvlsiom 1. (ASSIIRARa OF RZJLSCKASLE RELATIMMSIP.) In preparing management meactistion Positions for co=Pensation 'e established thrOM-1 collective bargaining under chapter 179and-_: in establishing. retomze:sdino, and evorovina compensation plans for employees of political subdivisions not reoresented by an _i_t.ftl exclusive reoresentative under chapter 179. the respective " Political s•,abdivislgn a$ the Public e=plover, as defined in'�� section 179,63. subdivision a. or. where appropriate, the u Hirnesota merit systep. shall assure that: ti} crsensatign for positions in the classified civil service. .:rclassif i eC civil service. aa,. .anacement Deer reasonable relationship to one another: (2) c"sensstiob for positions bear reasonable relationship- =.-. to similar Positions outside of that particular oolitical f::bdivision•s employment; and (3) cor'if Yation for positions within the !=plover's work or--* bear reasonable relationship *--*no related Job classes and' 4==no various levels within the sa=e ccc=etianal group. S• et. 2. (REAS5WtZ RELATIONSE.P LiF:h^ra.3 For purposes of subdivision 1, eacpensation for positions bear 'reasonable relationship' to one another if: (1) the compensation for Positions which recuire coroarable ? Ski!', effort, responsibility, workine ccnditicns, and other relevant work related criteria is coparable; and ; (2) the co-­Pensation for Positions which recuire differinc skill, effort, reronsibility, workinq condicions, and other �- relevant work related criteria is proportional to the skill, 19.44 REGULAR SPSSION Ch, 651 +'• efforts conditions, and other relevant; a� ,cork related criteria rewired. i Sec. 4. (471.996) (JOB EVA131ATIOY SFSM- ) Lven political subdivision shall use a job evaluation s7st to in order to determine the comparable work value. The political subdivision mat usr the System of some other public employer in the state. Sach political subdivision *hall most , and confer with the exclusive representatives of their employees on the development or selection of a job evaluation system.. Sec. S. .1471.995) (REPORT_AVAILABILITT.) ' ffotvithstandinq Section 13.37, every political subdivision shell submit a report containinq the results of the iob, evaluation system to'the exclusive representatives of their, amployees to be used by both parties in contract neaotiationi,. At a minimum, the reoort'to *ach exclusive representative $hall identify the female -dominated classes in the 7olitical subdivision for which compensation inecuity exists, based on the comparable work value- and all data not on individuals used tc support these findings. Sec. 6. (471.9961 (PRIVATE DATA.) txceot as provided in section S. the results of any for evaluation system established under section 4 and the reports compiled under section S shall be considered personnel date as defined in section 13.43, subdivision 1, and treated as private data under section 13.41, subdivisions 4 and S, until July 31 1967. 'rhe director of mediation services is authorized to release the Job evaluation system results and reports to labor organizations as provided under section 13.43. subdivision 6. Sec. 7. (471.9965) )EFFECT ON OTHER LAW-) Uncerscoried and w•w.e..a are a. h. -n ,n enraged mat Ch. 651 73rd LEGISL4TU'RE Sec. J. (47I.9933 (COXpE k -los RELA-IOiim ps or ITIOcs.s - Cc ivlsiaz I. (ASSURA7rQ Or RTJLiOSADLE AEL1TIO3=1P.) In pr"arina aanaeement neootiatfon positions for casxnsation - established tbrooab t»Slac[ly barasfnina under chapter 179•nd-`_.." + in establisbi�na. recaao endino. and epravino coepensation plans for afrplayees of Political subdivisions not represented by an exclusive representative under chapter 179. the respective _ political subdivision as the public e=lover. as defined in i section 179.63, subdivision 4. or, where appropriate. the A Minnesota Cerit system. *ball assure that: - y (1) C32"ns4tion for Positions in the classified civil - _ .ry ser.iee, unclassified civil service. and naaacee:ea: Dear .. _ reasonable relotionshio to one ancther: (t) c=Pensatioh for positions bear reasonable relationshio- -.7 to sipiler positions outside of :hat particular Political subdivislon's etrDloyme-..t: and '- (3) eo=pensation for positions within the enalover's work r oro* beer reasonable relationship a_onq related iob classes and°._ n.;.ahp various levels within the save ocC'petional croup. S fid. 2. (RZASOXAS= RYJI-IOVSH:P OEF:i.^s0.) for purposes of subdivision 1, cozroeasatien for positions bear *reasonable relationship" to one another if: . 111 :he cc pensation for positions which reCuire C=arabl* sk511, @!fort, responsibility. workinc conditions, and other relevant work related criteria is ca=oarable: and _. (1) the cc=pensation for positions which reeuire differing skill. @.'fort, responsibility. workinq condiciors, and other relevant work related criteria is proportional to the skill. 1984 REGULAR gFSSIO%' Ch, 651 s= effort, rss2onaibi13ty, Wkinq conditions. end other relevant ? work related criteria required. b See. 4. (471.994) (JOD EVALUATION SYSTEM.) toot? political Subdivision shall use a job evaluation, system in order to determine the comparable work value. Thi r- 7. political Subdivision may usr the system of same other public employer in the state. Each political subdivision shall meet, and tonf@r with the exclusive representatives of their e=lov*ea,' an the de.eiopment or selection of a iob evaluation system. sac. D. .(471.99S) (rMKW AVAILABILITY.) Motwithstandinq section 13.37, every political subdivision shall submit a report containing the results of the job evaluation system-to'the exclusive representatives of their, emlovees to be used by both parties in contract negotiationi.. At a minimum. the report to each exclusive representative shall, identify the feaala-d=inated classes in the ,Political i'lbdivision for which compensation inecuity exists, based on the comparable work value, and all data not on individuals used to, support these findings. Sec. 6. (471.9963 (PRIVATE DATA.) tzcept as provided in section 5. the results of any iob evaluation system established under section 4 and the revorts covpiled under section 5 shall be considered personnel data as, defined in section 13.43, subdivision 1. and treated as private data under section 13.41, subdivisions 4 and S. until July 31, 1967. The director of mediation services is authorized to release the iob evaluation system results and reports to labor oroanizations as provided under section 13.43 subdivision 6. Sec. 7. 1471.9965) (EFFECT ON OTHER LAW -1 undencorino and 6+41e010e are as shown in enrolled act Ch. G51 :xrd LEGISLATURE Motvithstandino chapter 179 or other lav to the Contrarv. -,(t is not an unfair labor Dractice to ellocatt a saecified amoaat.of !unds to be used solely to correct ineovitable' co=pensotiop reletionabins. :. Sec. e. [471.9971 (81p4As1. RIQM ACT ZXWTION. ) • Itetther the c ==Issicner of bursal+ riebts nor anv state court shall use or consider the results of any lob evaluation system established under section 4 and the reports compiled • 'ra under section. S in anv oroeeedinc or action cot=anced alleging discrimination before Aucust 2. 1997. under chapter 363. lty Sec. -9. (471.9976) (EDITS aaRRM.) -�;i t; No cause of attioa arises before Attest 1, 1987 for failt:ret� i to co=ply with the requirements of this act. 'a :Set. 10. 1471.998) -(REPORT TO CO)O4 MONER.1 r' Subdivision 1. 1WORT ON IMPLZMER 'ATION PLAN; CO)rENIS.] IM - every political subdivision shall report to the-coaissioner of evployae relations by October 1. 1985, on its plan for '�2Gen:atien of sections 4 and S. Each report shall include: .Q (I) the title of each lob class which the political subdivision has establfshwd; 1' (2) the follovire infor-..atien for each class as of July 1. 1984• (a) the ntcber of inc=.berts; (b) the percentace of in dents who are female; .t (c) the cotparable work value Of the class, as determined - under the system chosen under sect -son 4: and " _ (d) the m£himta and =#sunt= month'_,? salary for the class: (3) a description of the ich evaluation system used by the political subdivision: and 1984 REGULAR SESSION _ Ch. 651 (4) a plan for establishinct equitable compensation relationships between female -dominated and male -dominated classes, Ineludtnq: (a) identification of classes for which a compensation inequity exists basad on the comparable work value! • (b) a timetable for implementation of pay equity; end - (c) the estimated cost of implementation. Subd. 2. (TECUMICAL ASSISTANCE.) The commissioner of employee relations shall, upon request of a political subdivislon, provide technical assistance in completing the rewired reports. -- - Sec. 11. 1471.9991 (REPORT TO LEGIS'.d1TDRt.] The cormissioner of employee relations shall report to the leptslature by January 1, 1986 on the information gathered from political subdivisions. The commissioner's report shall include a list of political subdivisions which did not co. -fly with the reporting requirements of this section. Sec. 12. (TOWN OF WINDMERZ; POWERS.) a•• The town of Windemere in Pine County may exercise the Powers of a town provided by Minnesota- Statutes, section 369.01. and other lays referrinq to section 369.01, extent section 340.11, subdivision 10b. Sec. 13. (tEEtCTIVE DATE.) Section 12 is effective, if it is approved by the electors, Of the town at the annual town meetinq, the day after comtliance with Minnesota Statutes, section 645.021, subdivision 3., Approerd May 2, 1994 DATE: November 21, 1984 RECEIVED BY TO: All Managers, Administrators, Elected Officials N OV 2 T 1984 FROM: William Joynes I Chairman, MAMA General Labor Relations Committee f RE: MAMA Joint Comparable Worth Study As many of you are aware, three months ago the Metropolitan Area Management Association undertook a project to determine whether or not suburban cities could jointly produce a study that would comply with comparable worth legisla- tion enacted in the 1984 session. At that time, we asked cities to indicate whether or not they would be willing to fund an an equal basis, our investiga- tion into that possibility. Some 57 communities agreed to do so at a cost of approximately $200 per city. We estimated that amount would be required to develop our request for proposals and to screen various consulting organizations who might wish to bid on such a joint venture. Our desire to approach the study jointly was based on two reasons: First, the historical effort that MAMA has made in comparing wages and fringe benefits, and the success we have had in keeping their levels consistent in the metro area. Secondly, we felt that it was preferable for all MAMA cities to have used a com- mon approach in the event that future litigation occurs. We are now at a point where a committee of managers made up of myself, Bob Thistle from Coon Rapids, Jim Miller from Minnetonka, Jim Brimeyer from St. Louis Park, and Jim Lacina from Woodbury, with support from Labor Relations Associates, is recommending to the 57 cities the selection of Control Data Corporation Business Advisors as the vendor to accomplish the job evaluation study mandated by State law. A summary of the proposal is attached for your information. At a December 4, 1984 meeting of MAMA managers and administrators each of the 57 cities will be asked to indicate if they prefer to continue jointly or proceed on their own with a separate study. To help cities make that decision, i have attempted to provide more detailed background information on the screening pro- cess, the rationale for the selection of CDC and the anticipated costs for the joint approach. SCREENING PROCESS We began in August of this year by sending out a generally worded RFP to 18 firms locally and nationally who had done job evaluation work in the private and public sector. We received ten responses from the initial request. After a considerable amount of evaluation, six firms were selected to be interviewed further. They included Haye Associates, Towers -Perrin -Forster and Crosby, Control Data Corporation, Arthur Young and Associates, Hewitt and Associates, Hallcrest-Graver Associates. Those interviews were conducted in October at the League offices by the RFP com- mittee and members of the staff of the League of Minnesota Cities. At the conclusion of that process, three firms were felt to merit further scrutiry. They were Hgye Associates, Towers -Perrin -Forster and Crosby, and Control Data Corporation. it was felt that Arthur Young and Associates and Hewitt and �b) -2- Associates, while providing a viable approach to job evaluation, did not present ,.system that would fully satisfy the requirements of Minnesota law. Mallcrest- Craver was eliminated because we felt that with their staffing and current com- mitments, a timely product might be a problem. After that interview, the RFP committee developed a more detailed and specific RFP. copies of, which were sent to all interested cities. The three consulting firms were asked to make a second presentation which took place on November 6, 1484. invited to that meeting were all the representatives of organized tabor represented in the MAMA communities, representatives from private employee asso- ciations and any managers or administrators who wished to attend. At the conclusion of the interview, the selection committee was unanimously in favor of recommending the CDC system. The CDC proposal at 2345,000 was, admittedly, the most expensive proposal we received; however. the ,unanimous feeling of the com- mittee was that it was the one proposal that we felt would provide the best and most legitimate results and would be the most easily maintained system over a period of years. RATIONALE FOR DECISION 1 would like to briefly discuss some of the thoughts of the committee regarding the selection of CDC which 1 hope will explain why that choice was made. First and foremost, the Control Data Corporation proposal offers to do job evaluations on all of a given city's positions. We originally thought the cost of doing such a study to be prohibitive. and had suggested in the RFP that an evaluation study that included 25 benchmark jobs would be more appropriate. CDC bid that benchmark study but added that for a nominal additional charge, it would be a J simple task to do all of the positions in all cities. CDC Business Advisors' computer capability takes the extension of the study to all individual positions in each city, a relatively simple natter. The other consulting proposals did not offer that capability. A very strong argument for the selection of CDC was the extent of the data offered as an end product. First and foremost, after the study was completed, CDC would provide each city with an evaluation report ranking their specific employees based on a comparable worth scale. In addition, the MAMA cities would receive a composite benchmark study which would provide evaluations throughout the metro area for those jobs which were similar. An example would be that a city would be given a relative point value for the position of patrol officer within its own organization, and would also have the data to compare that point value to a metropolitan average and to specific patrol positions in neighboring cities. This was felt to be a tremendous labor relation -personnel tool for all cities and something beyond what we thought we would receive from the comparable worth study. Another very attractive feature of the CDC proposal was its ability to be udated. Once the initial study was completed and in place, the system would be atle to provide, at a very nominal cost, adjustments over the years. For example, if a city created a new position or added responsibilities to an existing job, a naw ouestionnaire could be filled out and submitted to CDC outlining the tasks that position would perform. COC Business Advisors would recompute the job evaluation rankings for that city and provide a new point value for the position. f -3 - Their estimate of what it would cost to re-evaluate a specific position or incorporate a new one into the city, was $5 to $7 per occurrence. The other two proposals did not offer such a capability. Finally, a word about the conceptual framework of the CDC proposal. Their job evaluation study is one that is referred to as a task evaluation approach as opposed to a whole job evaluation approach which was proposed by the other two firms. In a task evaluation, jobs are broken dam into marly small functional tasks and those tasks are rated and a point total derived. A specific job and its relative worth compared to other jobs in an organization is determined by the total of its task values. In the whole job evaluation approach, the job, not individual tasks, is rated on its relative worth in various categories. With this method, certain jobs may have an inherent bias due to preconceived ideas about their complexity or difficulty. An example might be an evaluation of a bomb disposal officer. Most people's initial reaction is that the job is worth a great deal because of the element of danger involved. When you evaluate the job on a "whole job" basis, that danger factor tends to expand into all the arras that you may be using to rank the worth of the job. In fact, the danger in bomb disposal work may be present only once in a great while, and the majority of the job may be very routine and non -dangerous. The task approach eliminates this type of halo effect because each separate function is evaluated. In our example, the bomb disposal officer would be given fairly high points for certain tasks like the diffusion of a bomb, but may receive routine marks for other tasks associated with the work he or she would perform. The net result is to provide a more accurate point total for all jobs surveyed. For the reasons listed above, the committee felt unanimously that the CDC propo- sal offered COST OF THE PROPOSAL Many cities have called requesting to know the estimated cost per city of the COC system prior to the December 4 meeting. At this time, it is not possible to give exact dollar amounts. Obviously the total cost to each city will be depen- dent to a large extent to how many cities select to cotinue with this joint approach. Additionally, there are some other factors that will influence the cost. There is a possibility that quite a large number of out -state cities will wish to use the comparable worth study that MAMA has developed. We estimate that 30 additional titles may participate. If they do choose to join us, then the cost per city could be reduced significantly due to the economies of scale achieved by a larger group. We have also been contacted by the Metropolitan Airport Commission, the Minnesota Utility Association, and the city of Thief River Falls. Wisconsin. They have all expressed some degree of interest in participating. While a firm dollar amount is not possible to determine at this time, i can give you a range of the dollars we are talking about if we make some simple assump- tions. if the 57 MAMA titles all agree to participate and the charges are based on a formula which takes into account both a minimum value charged to each city, and some factor for the number of employees. then the cost would likely range from approximately $4,000 to cities the size of Osseo and Mlnnetrista, to an �v' .4 - amount somewhere around 515,000 for a city the size of Bloomington. If 25 to 30 outstate cities join in the study, the cost range would be lowered to $3,500 for small cities up to about $12,500 for a city of size of Bloomington. CONCLUSION We have asked, that representatives of the 57 MAMA cities attend a meeting an December 4 at 10:00 AN at the Brooklyn Center City Hall to provide us with a decision as to their intent to participate or not with the MAMA study. We realize that some cities will not be able to make firm committments due to the fact that their councils may not meet before that date. It is ay hope that with the information provided you wilt be able to give us a good indication of what your city intends to do. A similar meeting has been scheduled for members of the Coalition of Outstate Cities on December 14 at 1;30 PM at the Golden Vailey City Hall. Those of us on the committee have spent mare hours involved in this selection process. We believe that CDC proposal represents the best option for us to meet the requirements of State law and will provide us with a personnel and labor relations tool which far exceeds what we expected to obtain through this pro- cess. We strongly recommend that member cities join in the study. LAI Metropolitan Area Management Association Compensation Study Process Summary The plan for development and implementation of a FOCAS (Flexible Occupational Analysis System) job analysis and evaluation system for 25 benchmark jobs defined by the MAMA Committee and for subsequent evaluation of MAFIA member cities' non -benchmark jobs is summarized below. POCAS is a questionnaire -based job analysis and evaluation system. POCAS has been developed to provide accurate and comprehensive information about jobs to support effective human resource management. The first step in tho process is to develop questionnaires to be used to gather information about what employees do. We will use one questionnaire for each occupational group. The MAMA Committee will identify one subject matter expert•and an advisory group from each occupational group to work with Business Advisors. These individuals will provide their job content expertise throughout questionnaire development and job evaluation, and should be very knowledgeable about jobs in their occupational area. Business Advisors, together with a team of MAMA member cities' Personnel Directors, will develop preliminary questionnaires based upon existing job descriptions and the Business Advisors data bank of task items. The Personnel Director team will identify and schedule employee workshops to be conducted jointly with Business t Advisors, to modify preliminary questionnaires. Questionnaires L will be finalized with the advisory group for that occupational area. Second, Personnel Directors will schedule and conduct meetings with employees for them to complete the questionnaire for their occupational group. In filling out questionnaires, employees will indicate for each task that they do or do not perform it and how much time they spend on tasks performed relative to other tasks. Third, Buoineas Advisors will provide data entry from the questionnaires and provide computer-generated position descriptions for each employee who filled out a questionnaire. This is a listing of tasks performed with time spent percentages. The supervisor and employee will review and verify or modify the position description. The Personnel Director team will collect and return all modified position descriptions to Business Advisors. Business Advisors will provide data entry and return revised position descriptions to the Personnel Director team for distribution to supervisors/employees. These will serve as final position descriptions. 0 Fourth, Business Advisors will provide average, or benchmark, job descriptions for the 15 benchmark jobs identified by the MAMA committee. Personnel Directors will identify employees making up the benchmark. Subject matter experts and advisory groups will work with Business Advisors to finalize descriptions. The fifth step in the process, task valuing, begins at the same time as the second. Business Advisors will work with the Personnel Director team, subject matter experts and advisory groups to set up the task valuing process. The Personnel Director team will identify and schedule managers for valuing meetings. Business Advisors will conduct valuing meetings. In valuing tasks, managers will rate all tasks about which they are knowledgeable, according to one factor, complexity, importance or unfavorability. Business Advisors will review average task values with the subject matter expert and the advisory group to finalize values. Factor weights will be statistically computed by Business Advisors and finalized with the subject matter expert and advisory group. The sixth step is to combine results of the completed questionnaires with task values to determine job value. Business Advisors' computer analysis will compute job value by multiplying time spent on tasks times task value and sum the products to produce a point total. Business Advisors will provide job values for the twenty-five benchmark jobs to the MAMA committee. Step seven is to collect and analyze wage and benefit data from public and private sector labor markets. The MAMA committee will identify available surveys and work with Business Advisors to define appropriate markets and to determine if a specialized salary survey is desirable. If so, Business Advisors will conduct a specialized salary survey. Final job hierarchies will be constructed based upon job values and market data. The eighth step is to analyze relationships among job values, current pay rates and market data. Business Advisors will provide an analysis and alternative strategies for addressing pay discrepancies. Ninth, Business Advisors will provide individual job evaluation pointe to the member cities. Finally, Business Advisors will provide a report of methodology and results and meet with the MAMA committee to present the report. klall2141 C/6, 6. REPORT FROM MCOOC/MAMA See information mailed 12/3 from William COMPARABLE WORTH JOINT Joynes, Chairman, MAMA General Labor Rela- VENTURE. tions Committee dated 11/21/84. Ken Huber, St. Peter, representing the MCOOC Conparable worth Committe, reported on the status of the Joint Comparable Worth Venture with the MAMA Group and made the recommendations and fielded questions from the MCOOC members present and the feasibility of entering into the Joint venture for Comparable Worth. On the Comparable Worth Committee, there were discussions by Bob Filson, Mora, Dick Salvati, New Ulm, on utilities positions via a via the separate utility commissions and the City Council. Motion was made to have the Resolution by Avery "Doc" Hall, Mayor of Waseca, to adopt the MCOOC's support of a Joint Comparable Worth venture not to exceed $1,000 per unit of government and $25.00 per employee. Motion seconded by Earl Laufenburger, Mayor of Winona. Motion carried unanimously by all members present. Please bring the enclosed resolution up for consideration and adoption by your City Council and report back to Tom Manninen, City of Little Falls, 612/632-2341 by Wednesday, 12/19/64 by 100 p.m, whether you have taken action or when you plan to take action. 'RESOLUTION? RESOLUTION AUTHORIZING EXECUTION OF AN AGREEKENT WITH CONTROL DATA CORPORATION WITH OTHER MINNESOTA COALITION OF OUTSTATE CITIES ON A JOINT COMPARABLE WORTH STUDY, WHEREAS, Minnesota Statutes 071.991, er, seq. as enacted by the -1984' Session In the Minnesota Legislature requires every political subdivision In the State of Minnesota to establish equitable compensation relationships among Its employeees and. WHEREAS, the S7 member cities of the Hatropofitan Area Management. Association together with approximately 30 our—state, ritips including members of the Minnesota Coalition of Outerate Cities have been working to determine whether or not these cities could jointly produce a study that, i would comply with the Comparable Worth Legislations and, WHEREAS, a desire, to approarh the study jointly is based on two primary reasons: First, the efforts among cities, in their,respertive areae made in compering wages and fringe benefits. Secondly, it; was preferable for all cities to have used a common approach in'the eve,nt'that the _future i litigation occurred; land. WHEREAS. following extensive 'review and interview', of professional' consulting organisations located both in Minnesota and nationally the -system proposed by Control Data corporation Business Advisors be recommended to, atromplish,the ,-job evaluation study mandated by state Isis and, WHEREAS, ;t,he rationale for selection of Central Dats rorporst.ion, includedt First, its ability to do job evaluations on all of the given city$; positions through the use of its extensive computer facilities so compared to the proposal to study only bench mark jobs proposed by other consultants. Sarondly, the data offerpd as an and product will provide a 0 / labor relationa-personnel tool for all cities beyond what was initially anticipated from a comparable worth study. Third, the Control Data proposal has the ability to be updated for new positions or added responsibilities to an existing job at nominal cost; and. WHEREAS, based on the participation by the 57 Metropolitan Area Management Association cities and approximately 70 out -state cities, the cost to each city will be approximately 53,000.00 per city plus approximately $25.00 per employee. ISI, 250.00 for 50 employees). NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF That the city of be authorized to participate in the joint study with 57 metropolitan cities and approximately 30 out -state cities including members of the Minnesota Coalition of Outstate Cities through the FOCAS system being proposed by Control Data Corporation Business Advisors. BE IT FURTHER RESOLVED that the Mayor and City Administrator are authorized to execute agreements necessary to accomplish this objective. Passed this day of December, 1984. President of City Council ATTESTr city Administrator Approved this day of December, 1984. (SEAL) 9 Mayor of Said City GENERAL FUND -- DECEMBER - 1984 AMOUNT CHECK N Road Machinery 4 Supplies - Truck rental - Christmas lights 300.00 19892 O. K. Hardware - Toilet tissue holder 7.19 19893 Adam'a Pest Control - Contract payment for Library 38.20 19894 MN. State Treasurer -Dep. Reg. fees 224.50 19895 Davis Electronic Service - Fire Dept. equipment repair 56.50 19896 U. of PN. - Film rental 8.00 19897 VOID -0- 19898 Wright County State Bank - Purchase C. D. 350,000.00 19899 1st National Bank of Monticello -Purchase C. D. 300,000.00 19900 Wright County State Bank - Purchase C. D. 25,000.00 19901 Arve Grimsmo -0. A. A. Board meetings salary 90.00 19902 Mr.LeRoy Engstrom - 0. A. A. Board meetings salary 110.40 19903 Mr. Franklin Dena - 90.00 19904 Mr. Thomas Salkowski - 90.00 19905 Mr. Paul McAlpine - 36.30 19906 Marjorie Goetzke - 165.00 19907 Phillips Petroleum - Gas - Water Dept. 73.76 199U8 Share Corp. - Water cleaner - WWTP 127.28 19909 Marco Business Products - Office supplies 118.22 19910 State Treasurer - Surplus Property Fund - Misc. supplies 199.65 19911 Electronic Center, Inc. - Supplies for WWTP 33.36 19912 Brldgevater Telephone - Telephone 914.19 19913 Mtd-Central Fire Co. - Rope for Fire Dept. 304.95 19914 let Bank Mpla. - Public fund charges 16.00 19915 Joseph Johnson - Dog pound maintenance - 11/15 thru 12/15 250.00 19916 Burlington Northern R. R. - Grade crossing for Meadow Oak 3,000.00 19917 Monticello Fire Dept. - Wages thru 12/13/84 1,561.00 19918 Thomas Eldem - Car allowance - Dec. 300.00 19919 State Capitol Credit Union - Payroll ded. 135.04 19920 State Treasurer - Dep. Reg. fees 70.00 19921 State Treasurer - Dep. Reg. fees 18.00 19922 Jerry Hermes - Janitorial services at Library 137.50 19923 Lynnea Gillhom - Mileage for 1984 52.00 19924 Mary Ramthun - Dog pound salary 212.50 19925 State Treasurer - FICA withholdings 2.468.47 19926 State Treasurer - PERA withholdings 1,360.26 19927 U. S. Postmaster - Postage stamps 120.00 19928 Wright County State Bank - Purchase C. D. 85,000.00 19929 Buffalo Bituminous - Payment on 84-I, 2 6 3 Projects - Final 4,200.00 19930 Tam Snikownki - O.A.A. Board meetings salary 60.00 19931 The Management Center - Reg. for T. Eidem seminar 165.00 19932 MN. State Treasurer - Dep. Reg. fees 154.50 19933 MN. Stnte Treanurer - Dep. Reg. fees 28.00 19934 linnker's Life Inn. - Group Ins. 4,025.44 19935 A T 6 T Systems - Fire phone charges 3.59 19936 N. W. Bell Telephone - Fire phone charges 36.68 19937 Sentry Systems - Telephone lease for reservoir 90.00 19938 Corrow Snnitatton - December contract payment 4,718.50 1993Y Fulfillment Systems, Inc. - UDAG payment 108,854.00 19940 MN. State Treasurer - Dap. Reg. fees 146.50 19941 KN. State Treasurer - Dep. Reg. fees 38.00 19942 MN. State Treasurer - Dep. Rag. fees 12.00 19943 IN. State Treasurer - 0. R. V. - Dep. Reg. fees 162.00 19944 \ Arvc Grimsmo - Mayor salary 175.00 19945 Dan Blonigen - Council salary 125.00 19946 Mrs. Fran Fair - Council salary 125.00 19947 Kan Maus - Council salary 125.00 19948 Jack MaRVall - Council salary 125.00 19949 GENERAL FUND James Preusse - Cleaning City Hall YMCA of Mpis. - Monthly contract payment Wright County Sheriff Dept. - Dec. contract payment U. of MN. - Reg. fee for seminar for Gary Anderson Lake Country Chapter - Reg. dues for Gary Anderson State Building Inspector - Surcharge fees - Building Dept. Petty Cash - Reimburse petty cash Jerry Hermes - Cleaning Library Mary Ramthun - Mtce. at dog pound Mr. 6 Mrs. Jean Brouillard - Partial payment of land Mil. State Treasurer - FICA Withholdings State Capitol Credit Union - Payroll ded. Wright County State Bank - FWT Withholdings Commissioner of Revenue - SWT Withholdings MN. State Treasurer - PERA Withholdings Rick Wolfsreller -Mileage Water Pollution Control Federation - Manual for WWTP Equitable Life Assurance Society - Ins. premiums - reimb. MN. State Treasurer - Dep. Reg. fees MN. State Treasurer - Dep. Reg. fees Joseph Johnson -Dog pound mtee. - 12/15 thru 12131 Int. Conference of Building Officials - Membership dues - Jean Brouillard - Land purchase for fire hall North Central Public Service - Dec. gas Mr. Bud Hackett - Reapirs at Mtce. Bldg. - Adj. garage doors Audio Communications - Repairs at WWTP Burlington Northern R. R. - 2 R. R. crossing signs at Meador Oak Gorelick Steel - 2 pieces of steel Northstar Waterworks - Remote meter head - Water Dept. USM - Fag. fees - Oct. 4 Nov. Braun Eng. - Testing in various locations Allen Pelvit - Mileage expense for Dec. St. Cloud Appraisal - Appraisal of Hasa and Saxon properties Flicker's T. V. - Air conditioner covers - W`TfP Rockmount Research 6 Alloys - Cos rods and welding gloves - Mtco Gould Bro. - Mud flaps American Scientific Producta - Lab gear - WWTP Neu, tunics of North America - Buttery 6 battery charger - Mtce. John Henry Foster Mil. - Norgren muffler - silencers for WWTP Viking Safely Products - Signs for WWTP Scranton Cillete Comm. - Sub. renewal Monticello Agency - Insurance bond forTum F.Idem Int. Coof. of Building Officials - 2 sub. for Bldg. Dept. Trueman -Welters - Sual and ring Olnon 6 Sons Electric - Repro. and parts - all Depts. Alhtnson, Inc. - Survey 6 drafting supplies for Mtce. Bldg. Griefnow Sheet Metal - Repair burner at J. Johnson roe. Mobil Oil - Gas for Fire 6 Sower Depts. Safety Klcen - Services at Mtce. Bldg. Conway Fire 6 Safety - 2 cell smoke cutter flashlights - Fire Metropolitan Fire Equip. - Air compressor parts - Fire Dept. / -ontinentnl Safety Equip. - Mask and base assembly for Fire Dept l aillard Farnick Mileage, expense for seminar 6 mtgs. Gruys, Johnson - Computer charges for October Crone Co. - Repair of depth finder - WWTP Midwest Computer Services - Charges for Dec. - WWTP AMOUNT 275.00 312.50 9,494.38 90.00 20.00 612.23 36.24 137.50 212.50 50,000.00 2,478.37 135.04 3.799.60 2,357.00 i. 366.26 73.38 238.00 40.00 231.00 111.00 125.00 15.00 20,000.00 4,377.55 45.00 103.00 10,594.01 25.60 92.75 11,031.63 1,504.64 56.31 750.00 14.75 62.24 13.00 306.44 1,501.21 85.31 49.96 38.00 50.00 38.40 7.87 408.16 188.99 27.50 165.77 33.00 462.00 50.37 716.20 50.75 290,00 152.04 80.32 CHECK N 19950 19951 19952 19953 19954 19955 19956 19957 19958 19959 19960 19961 19962 19963 19964 19965 19966 19967 19968 19969 19970 19971 19972 19973 19974 19975 19976 19977 19978 19979 19980 19981 19982 19983 19984 19985 19986 19987 19988 19989 19990 19991 19992 19993 19994 19995 19996 19997 19998 19999 20000 20001 20002 20003 20004 20005 ry GENERAL FUND AMOUNT CHECK N Al b Julie Nelson - Sub. 11.70 20006 t Earl's Welding/Industrial Supply - Welding shield, gloves, etc.- V4TP 42.93 20007 A Payroll for December 24.317.63 . TOTAL DISBURSEMENTS FOR DECEMBER - 1984 $1.045.962.51 LIQUOR FUM -; LIQUOR DISBURSEMENTS FOR DECEMBER - 1984 APIOM CHECK NO Jude Candy b Tobacco - Misc. supplies 536.93 11541 Frito-Lay, Inc. - Misc. supplies 140.20 11542 State Capitol Credit Union - Payroll dad. 20.00 11543 Ed Phillips 6 Sons - Liquor 4,218.07 11544 Eagle Wine Co. - Liquor 95.20 11545 MN. State Treasurer - FICA Withholdings 262.46 11546 MN. State Treasurer - PERA Withholdings 158.04 11547 Ed Phillips b Sons - Liquor 4,292.48 11548 Eagle Wine Co. - Liquor 342.54 11549 Griggs, Cooper a Co. - Liquor 3,002.00 11550 Twin City Wine - Liquor 2,559.28 11551 Quality Wine - Liquor 675.64 11552 Commissioner of Revenue - Sales tax - November 6,335.48 11553 Banker's Life Ins. - Group Ins. 364.91 11554 Bridgewater Telephone - Telephone 49.92 11555 City of .Monticello - Reimbursement for postage used in 1984 80.00' 11556 Ed Phillips 6 Sone - Liquor 3.991.56 11557 Twin City Wine - Liquor 806.99 11558 State Treasurer - FICA Withholdings 262.19 11559 HN. State Treasurer - PF.RA Withholdings 157.89 11560 VOID -0- 11561 State Capitol Credit Union - Payroll dad. 20.00 11562 Wright County State Bank - FWT Withholdings - Dec. 401.30 11563 :ommissioner of Revenue - State Withholdings - December 223.00 11564 MN. Department of Public Safety - Retailer's buyer card for liquor 12.00 11565 Twin City Wine - Liquor 520.81 11566 Ed Phillipe b Sone - Liquor 2,137.11 11567 North Central Public Service - Gas for December 321.65 11568 Northern States Power Co. - Utilities for Dec. 542.14 11569 Ed Phillipe 6 Sone - Liquor 3.707.20 11570 NCR Corporation - Maintenance for Liquor Store registers 1.619.20 11571 Griggs, Cooper 6 Co. - Liquor 1.889.45 11572 Gronseth Directory - Adv, in Sherburne County 45.00 11573 Yonak Sanitation - Garbage contract payment 82.50 11574 Maus Foods - Supplies for otore 3.24 11575 Liefert Trucking - Freight charged for Dec. 439.84 11576 Monticello Office Products - Supplies 12.32 11577 Olson 6 Sons Electric - Repair buzzer at Liquor Store 30.00 11578 Gruys. Johnson - Computer charges for Month of October 110.00 11579 Old Ditch Foods - Misc. supplies 75.13 11580 Minnesota Sheriff Assoc. - Adv. 55.00 11581 Payroll for December - 1984 3.693.67 TOTAL LIQUOR D19BURSFMENTS FOR DECEMBER $44 .295.34 t7 CINFORMATIONAL ITEM C" Council Agenda - 1/14/85 Consideration of Attendance at the League of Minnesota Cities Annual Legislative Action Conference. (T.E.) A. REFERENCE AND BACKGROUND: Each year when the State Legislature is in session, the League of Minnesota Cities holds its Legislative Action Conference. At that Action Conference, the member cities vote, on the adoption of policies that had been drafted and approved by the legislative committees and sent to the Board of Directors for review and approval. I have attended the Action Conference every year that I have been in municipal government, including the three conferences since I have been here. Several weeks ago, you should have received copies of the League of Cities Policies that will come in for question at the Action Conference. If, after reviewing those policies, you wish the City of Monticello to take a particular stance, that position should be clarified no later than the next regular Council meeting. I must, howover, know how many members of the Council wish to attend so that I can got us rogistared in time. If additional members of the Council wish to attend this year, the Council should also determine who will be the official delegate representing the City with the privileges of costing the vote on policy adoption. In the pant, because I was the only parson attending the conferenco, I obviously was the voting dolegato. The only action that is roquirod at this time can occur after the Council mooting when I need to know who intends to attend tho conference. If none of our olocted officials are planning to attend, than thorn is no roal need to appoint an official dolegato since I will be the only person present. Similarly, if you have no difficulty with the proposed policias for tho League of Cities, I will exercise my boot diecrotion representing the City of Monticello in casting the vote on those policies. Thorn aro no altarnativo actions or staff racommondationa for this item. D. SUPPORTING DATA: Copy of the League of Minnaeota Cities Policies, which were doliverod carliar; Copy of a memo from Don Slater, Executive Director of the League of Cities; Copy of o memo from Mary Anderson, President of tho League of Cities, relating to the proposed Local Government Aid formula. -29- LLL1111'111 1 C league of minnesota cities December 31, 1984 T0: Mayors, Managers and City Clerks FROM: Mary Anderson, President RE: Proposed LCA Formula The Board of Directors and I are pleased to be able to share with you a new local government aid formula that we feel all cities can unite behind. This formula will be voted on at our Legislative Conference on January 29. We are all aware of the many shortcomings of the current local government aid (LCA) formula. While many have agreed that change is necessary it has been difficult in the past to ger agreement on what those changes should be. I am impressed that this formula has been reviewed through our committee process by over 40 cities and received overwhelming endorsement. The formula was developed by e LCA Technical Committee composed of represenrarives of many different types of cities. They worked hard for months reviewing stacks of computer printouts. The formula they have developed represents much give and rake by all involved. The derails of the formula are shared in other materials in this mailing. The formula is fairly easy to understand. But some important pointe need to be highlighted. The vast majority of cities ger significant increases. 872 of all cities receive increases of 10% or more in 1986. No city will be cur --all cities are guaranteed a 1% increase. Only 73 of rhe 855 cities in Mini.esora are affected by that provision. All different types of cities are represented in that group. This is a formula which can over a reasonable period of rime achieve a very important goal -- having all cities receive their aid on the same basic formula without special provisions. We are impressed that this formula can work towards that goal while providing so much additional revenue to the vast majority of cities. If the formula is adopted by the League membership, the Technical Committee which initially developed this formula will continue to meet to help guide ire course through the legislature. They will also be addressing longrerm implementation issues such as examining plans for getting all cities on the formula within five years. Their expertise and knowledge is much appreciated. (over) I U.'A t 11VQnl4Q uo�;t'..::L. 97F7u1• r11nv43:1OGi1 55101 f61 21 227.5600 It is particularly important this year that cities work together. As you are aware, there is tremendous pressure to cut income taxes and reduce the overall size of the stare budget. Cities are not high on every legislator's budget list. We must work hard together to inform them of our needs and the importance of the property tax relief they provide through local government aid. The division of the legislature by party and the momentum for major changes in the overall tax system will make our task even more challenging. If cities approach the Legislature united and speak in one voice we feel our chances for success Will be greatly improved. We can focus attention on the needs of cities rather than on the differences between them. Working together it will be easier to get increased appropriations that, will benefit all of us. Please share this letter and the enclosed materials with your city councilmembers. On behalf of the board I would like to thank all of the dedicared individuals who helped us reach this point. I look forward to seeing many of you at the legislative conference. I would also like to extend a special thank you to the member of the League's LCA Technical Committee. The members of the committee are: Bob Thistle, City Manager, Coon Rapids; Welt. Pehat, City Manager, Robbinsdale; Duane Knutson, Mayor, fertile; Jim Ritchals, City Administrator, Fergus Palle; Lyle Olson, Director of Administration, Bloomington; Henry Pappone, Councilmember, Virginia (alternate -- Mac Karpen, gaecutive Directors, Range Association of Municipalities and School Districts); Lyall Schwarakopf, City Coordinator, Minneapolis (alternate -- Duke Addicks, Legislative Coordinator); Big Stene, Mayor, Lindstrom. C league of minnesota cities LOCAL GOVERNMENT AID POLICY MAILING LIST OF ENCLOSED MATERIALS 1. RS -1. Local Government Aid Policy Statement 2. Explanation of Proposed LGA Distribution Formula 7. Policy Framework for Formula Development 4. Explanation of Computer Rune S. LGA Formula Printout 6. LGA Factors Printout 1I1"IIiniVCfr:7ILV'.IVCnurJC7[3i..GL. IN14.11. n'm'v'p ancit;J 5.5 '1O 1 (6121227.5600 EXPLANATION OF PROPOSED LCA DISTRIBUTION FORMULA AID a (.53 * BMX) * (SAAVPC/CAAVPC) Minimum aid of $25 per capita or 1% over previous year's LCA, beyond that the maximum increase is 101. Must levy 2 mills to qualify for stare aid. BNX - 3 YEAR AVERAGE OF BASIC MUNICIPAL EXPENDITURES SAAVPC STATEWIDE AVERAGE ADJUSTED ASSESSED VALUE PER CAPITA CAAVPC INDIVIDUAL CITY'S ADJUSTED ASSESSED VALUE PER CAPITA BASIC RATIONALE The proposed formula provides that local government aid (LGA) should be distributed on the basis of need and capacity. Need is reflected by population and expenditures for basic municipal services. Every city should receive a basic amount. of LGA per capita. Beyond that minimum amount, aid is distributed based on need (basic municipal expenditures) adjust ed for capacity for raising funds locally (adjusted assessed value). No cities would be cur.. Cities who currently receive more than the formula would grant them, will get a 1% increase over the previous year's aid until the others catch up. No city can increase more than 101 per year once they reach the $25 per capita minimum. Any incentive to spend is tempered by the select definition of basic expenditures, the three year lag in the expenditure data, and by curring the basic expendir.ure average in half. The assessed value adjustment provides that cities with below average assessed value per capita will get proportionately more LGA while cities above average in assessed value will get less. BASIC MUNICIPAL EXPENDITURE FACTOR The definition of basic municipal expenditures is included in the LGA Policy Framework adopted by the League Board of Directors in August after a public hearing. Basic municipal expenditures include: public safety, arreere,eanitar ion (excluding garbage collection), libraries, redevelopment, and general government and related purposes. Related purposes includes insurance and judgements and unallocared pensions. These represent current expenses, not capital improvements to city property. The figures are taken from the Annual Report of the State Auditor on Revenues, Expenditures, and Debt of Cities. A three year rolling average of basic municipal expenditures is used in the formula. For the 1986 LGA distribution, expenditures from 1981-83 will be used. This three year lag is necessary because the Auditor's Office will not have completed review of the 1984 financial reports until the fall of 1985 and 1986 LGA must. be cerr.ified in August. On average, the basic municipal expenditures equal approximately two third& of a city's torsi currant expenditures and 481 of their total expenditures. When the basic expenditures are cut. in half by multiplication by .53, it means that rho proposed LGA formula only factors in about one fourth of a city's expenditures. It is fair that limiting this factor by its definition, the three year lag, and the calculation of the formula will effectively limitt concern about any incentive to spend more to receive additional LCA. (over) -2- ADJUSTED ASSESSED VALUE FACTOR An individual city's adjusted assessed value per capita is compared to the statewide average assessed value per capita ($1,134). Cities with below average assessed value per capita ger more aid, cities with above average assessed value get leas. For cities near the average of $7,134 per capita, this factor doesn't, have a great deal of influence. $25 PER CAPITA FLOOR This was determined to be a basic amount of LCA that each city should receive. 130 cities (15Z of the total) currently receive leas than this amount, currently. The cost, of raising them to this floor is approximately $3 million. No city is allowed to be raised above the pure formula amount by this provision. MAXIMUM INCREASE After achieving $25 per capita in aid, no city is allowed to gain more than 102 per year in additional aid. MINIMUM LEVY In order to qualify for any local government aid, cities would be required to levy 2 equalized mills. ONE PERCENT MINIMUM INCREASE Each city would receive a minimum increase of It per year. This would apply to those 73 cities whose current LGA amounts are over the amount they would earn under the proposed formula. CUTBACKS If rho Legislature does not fund our requested appropriation for LCA, rho following system would be implemented, All cities would still be guaranteed $25 per capita, Beyond that all increases would be cut back proportionately. For example, if a city now receives $100 and would be raised to $120 under our requested appropriation. if the Legislature provides 10% less than r.he League appropriation request, this city's increase of $20 would be cur back IOZ . Their total aid would be $IIB. $120 - (.10 + 20). -3' 4- u1i C league g of minnesota cities POLICY FRAHEHORX FOR LGA FORMULA DEVELOPMENT Passed by LHC Board of Directors August 7, 1984 Synopsis A Local Government Aid formula should be a simple expression of the Logislature',, intent. Local government aid (LGA) should be distributed according to 1) the city's revenue raising capacity. as measured by its taxable aseessed value; and 2)the city's need, as measured by its population and/or households and its expenditures for basic municipal services. Statement and Rationale Local Government Aid is an essential property tax relief program that provides cities with an important source of revenue to finance municipal services. Cities rely heavily on LGA. Eliminating LGA would create extreme property tax increases in many areas. Local government aid complements cities' other major revenue source, the property tax. As such, LCA must be distributed in a way which alleviates the problems inherent in reliance on the property tax ae the major revenue source cities control. Cities vary markedly in their ability to raise money from property taxes. There are also wide variations among cities in their citizens' need for services and the costs of providing those services. A complementary revenuo eource for cities is necessary precisely because a city's ability to raise revenue from the property tax does not necessarily coincide with the coat of the services which that city must provide to its citizens. An LGA formula must reflect both the individual city's need and its local revenue raising capacity. A city's capacity to raise revenues from the property tax to easily measured by the city's equalized assessed value, (For metro -area cities, the aseoesed value after fiscal disparities distributions is the appropriate figura.) An acceptabla aid formula should provide proportionally more aid to cities with less taxable aeseseed value, other things being equal. Need is more difficult to define and to measure. There is no single date item which measures need equitably; rather we much rely on a combination of factors to approximate need. Need is clearly related to some extent to the city's number of inhabitants. Cities provide services to people. Because some services relate more closely to households than to individuals. the formula should reflect bath the population and the number of households. Every city should receive a basic LGA distribution based on its population and/or number of households. -OVER- 1 Q3 trr�rver-a �v Ovr»ur) r: ACL'. tic. t��ur. mvli�r Jot:7 525101 1(31 23?27•SC�00 .� - --- -- — .d. Local Government Aid Policy Page 2 However, neither population nor the number of households completely reflects need. Cities with similar populations and numbers of households may be faced with quite different service needs. (Factors such as age, construction and density of buildings, crime rates, elderly population, school age population, climate, geographic size, population density, poverty levels, crime rates, seasonal or daily influx of people, need to construct or replace capital facilities, and a myriad of other factors may cause similar sized cities' needs to differ.) Clearly, a formula cannot attempt to incorporate measures of all of these factors; the result would necessarily be complicated and to some extent arbitrary. Rather, the formula should rely on the Judgment made by the persons in the best position to evaluate a city's need: that city's council. The local city council's Judgment as to the expenditures required in order to provide the type and level of service needed by Its citizens should be reflected in the formula. The formula should reflect all expenditures for basic municipal cervices. "Basic municipal services" include public safety, streets, sanitation, libraries, redevelopment, and general government and related purposes. This definition is intended as a limit, to assure that a city will not receive additional local government aid as a result of its discretionary spending on non-essential services. So far as possible, the formula should not be affected by the city's choice among tax levies, special assessments, or user fees to finance basic municipal services. To attempt to measure need by the tax levy, or by past LGA, or by a combination of those factors is not acceptable. The past LGA distribution is the result of several formula changes accompanied by grandfather provisions, minimum increase guarantees, etc. The resulting distribution pattern is at least somewhat arbitrary. And to focus on past aids and levies or levy limits Ignores the other revenues which cities' citizens contribute so that the city can meet their service needs. A formula develnped in accordance with this policy would likely result in a substantially different distribution of funds. The transition must be handled in an orderly fashion, avoiding drastic year-to-year increases or decreases in aid. Increases and decreases should be phased in. to avoid the need for sudden "shock" property tax increases on one hand, and the temptation to view increased aid as a windfall on the other. N •5� EXPLANATION OF COMPUTER RUNS �. The computer rune included in this mailing were prepared by League staff using data supplied by the Department of Revenue and the State Auditor's Office. Run 1 - Technical Committee LGA Formula (printed on Yellow paper) This run provides estimates of what each city would receive in LCA under the new formula. Cities are listed in alphabetical order. The columna are described below: 1985 LGA - This is the amount each city will receive in 1985 under the current formula. 1986 LGA with caps - This is an estimate of what each city would receive in 1986 under the new formula. It rakes into account all of the maximums and minimums of the proposed formula. Acrual amounts in 1986 would be somewhar different as 1984 assessed v ue darn nor currenrly available would be used. However this printour .ill give you a fairly good idea of how your city and others will fare. Z Change from 85 - This shows the percent increase from 1985 to 1986. Formula Provision - This column indicates what formula provision would apply in 1986 ro that city. They are abbreviated a: follows: FORM - on pure formula MX10 - gets maximum increase of 10% MNI% - gets minimum increase of 1% PCAP - gets aid under $25 per capita provision MXPC - $25 per capita is over pure formula amount so gets full formula amount (same am FORM) Pure Formula No Cape - What a city would receive under the basic formula without any maximums or minimums. Run 2 - Factors used in Technical Committee LGA Formula Population 83 or 84 - Same population figures being used by the Dept. of Revenue for calculation of 1985 LGA. 83 estimates for non -metro cities, 84 eatimares for metro cities. 83 Adjusted Assessed Value - 83 pay 84 assessed value adjusted by sales ratio. This is calculated by the Dept, of Revenue. The sales ratio adjustment puts all cities ar IOOZ of marker value for assessment purposes so that no city gets sore or less aid depending upon rhair asseasmenr practices. This is the same assessed value figure used in calculating 85 LGA. 83 AAV per Cap - 83 Adjusted assessed value divided by population. Basic Expend. Average 81-83 - Three year average of expenditures for basic municipal 7expenditurce as defined by the LCA Policy Framework. Data is from the annual financial reports submitted to rhe Stare Auditor for the years 81,82, and 83. For rhe 15-20 cities who did not report in all of those years, a one or two year average (s used for illustrative purposes. 1985 LGA - What the city will receive in 1985 under the current formula. $25 per capita - Population times $25 .6- lU1 league of g minnesota cities MEMORANDUM December 21, 1984 TO: Mayors, Managers, Clerks, Legislative Contacts FROM: Donald Slater, Executive Director SUBJECT: 1985 LMC/AMM LEGISLATIVE ACTION CONFERENCE The 1985 LMC/AMM Legislative Action Conference will be hold at the St. Paul Radisson Hotel on Kellogg Boulevard on Tuesday, January 29 - Yednesdsy, January 70. At this conference, LMC member cities will review and adopt 1985 LMC City Policies. The proposed policies recommended by the LMC Legislative Committee have been mailed to member cities for distribu-- tion. I►, is suggested that you use the January city council meeting as an opportunity to review those policies and to determine your participation in the conference. 1)iacussion of the proposed stare tax reforms and direction of future atate-local fiscal relations will be among the topics highlighted during the conference. Please check the December and January issues of Minnesota Cities or the form attached hero and complete registration information. Return your form as soon as possible to be sure of raking advantage of advance registration fees and to assure hotel accommodations. Legislators will be sent invitations to the LMC/AMM Reception, scheduled from 5:30-7:70 p.m., Tuesday, January 29, following the close of the LMC Policy Adoption portion of the conference. If you Plan to attend, please let vour legislator know that you @loser to see him/her at the reception. The conference agenda is printed have and in the January issue of the ' s League magasine. 1 133 urnvcr3iev evenue eosC, ac. onus, minneaoca 55101 161 2) 227.5600