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City Council Agenda Packet 12-13-1976REGULAR MEETING OF MONTICELLO CITY COUNCIL December 13, 1976 - 7:30 P. M. Mayop: Con Johnson Count,ilmen: Denton L•ri.ckson, Stanley Hall, Dick Martie, Gene lio'1 rets. Meeting to be taped. ti.rizrns comments. 1. Consideration of Sign Urdinance Variances. -. Preliminary Fra.sibi.lit.y Report Sanitary Sewer Extension nakuund Industrin.l Park And Other Arras South of J-aq. 3. Considrrat Ion of Holding One Rrgu.lar Meeting Per Mow h. J. Rrrirw of P"mmin.,louti and Other Appointed Offices and F"IWI ions. i. Consldrrat iolt of Transfers. o. Cnnsidrrat.ion of Salarievs and Wages ror 1977. Apptoial of minutes for November 23 and 29, 19711. �. I'll t'iIII shed bitsloess. U, Nrw hllsilless. MAIIINO 15: Jahn Radalich Don smith Don Oslanq Jahn Sandberg Omen Rat rman AGENDA SUMLEMENT Agenda Item 1. Consideration of Sian Ordinance Variances. o A. At our last. regular meeting a petition was rec- eived from several downtowns businesses requesting a variance from the overhanging sign ordinance which prohibits oterhanging signs from protruding over the public right-of-way by over 1 8 inches effective December 31 , 1976. Agenda Item .., 1'leliminart Feasibillty Report sanitavy 'leuvi, lxtcu-4ion l.t6wnrnl Inrin"tri:11 1'arl: and 111her Art-A,i Soul h of 1-14._ 1 pot i t ion has horn 1 f'l ei led i'vom Oakwood Indo .11 i.l l 11.11 k" htoavl Iloplorld. .lo%nel• 1nneN and ldehler lunlhr-1 Cto '4.111it.11% "curl' a%4vuAliuls N4111111 UIQ Illlel',Iaw 4.1. R Decision was made to table any action unt:i 1 the next regular meeting. POSSIBLE AC.TM: Consideration may be Riven to one of the following: 1. No action could be taken meaning the ord,inanec would stand without variances.^ ` . Grant the request for a varianc C. 1 Amend the ord_i.nance to grant an extension of time ko comply with the provisions. n 11' the m•dinanve were to remain the same FrrY OI• all extii-iisiou Granted, varianCe8 Could �0 still be l-onsidered ou a case by cusp hasiv. RFI I R111CI S: Copy al' putl.ti.on, and Nov. 23, 1070 /r mi mile". _. 11. Additionally, the issue cif a roof sign put up by %ahlev lumber was disrussed at Lhe same mewl inµ. Roof sign --i ore rperifirally prohibi ted according to out, present ordinance. 'Ihr vaso of 7ahler Lumber .1s somewhat different ll`w �0 as the -%umidfather clause iN not the 'issue. Mr. zahler indl,ateel that hiaa plans veflevted a enol' n.ignt howe%cr, in nevessary to nhtain a .11 permit for any _-ilgn and such a permit was not Isslled. 1 POSSIBlC Ar'11:11111: Consideration of a c:irianrr. it, the Nign IN yo come dowtl a (into shimil 1 be vs1 it bl i whorl. Agenda Item .., 1'leliminart Feasibillty Report sanitavy 'leuvi, lxtcu-4ion l.t6wnrnl Inrin"tri:11 1'arl: and 111her Art-A,i Soul h of 1-14._ 1 pot i t ion has horn 1 f'l ei led i'vom Oakwood Indo .11 i.l l 11.11 k" htoavl Iloplorld. .lo%nel• 1nneN and ldehler lunlhr-1 Cto '4.111it.11% "curl' a%4vuAliuls N4111111 UIQ Illlel',Iaw 4.1. R John Badalich has prepared a preliminary feasibility report on this improvement project and will present it at Monday's meeting. In talking to John, by indicated that the sanitary sewer extensions to this area would be classii'ierl ;is interceptors and as such would be cl,igi_bli: for FPA funds possibly as early as 1979. 'the petitioners arc requesting that a feasibility report be prepared to answer some of the Following questions: 1. khat, year can the arca realistically plan fu, - if federal monies are used for construction. _. Will Lhe extension definitely be classified as an interceptor. 3. If the sewer extension receives federal funtiin•:, what %ill the expected cost be as compared to the city extending the sewer and assessing the project avvurding Low _its policy. POSSIBLE AC' AON: If' the petitioners arc receptive to being assessed the proposed costs .in the prr- l.iminar) report, it hearing;should be set up 1'411, it comp let a 1'eas i bi .l f t y report as required by lin.•. 117 the pvtitionevs feel the Bost '.i.s high the petition would he on record and would receive consideration once Il'A funding; war; received. Agenda :Item 3. Cnnsider•at.ion of lloldinq Otte Rerntlar 1A10e1inq Per M4111th. Currently, the eil� council has regularly scheduled meetings 41tr the set and and fotrt.h Mondays of each mouth. the mayor• would like to propose vonsidevatfol be git'en to holding rote regular mreling per month un the se.ond Monday 41f tilt- month. Reasoning behind ceducing the mt-etin s Prom two a month to one a month Ithr second Nt41ndn� 41P the month) are ay Prrl141%s: 1. 01,11 en times routine matters brought up at it meeting t41ttld hr hand, led Ily the administrative staff. �. 11' .1 h1u.- l a.l meeting: is 4.0111d he held the f41tteth Monday it(' the month. 1 would like to add m} cndornrmrnt tit the mayor':+ {a upusn l ,is the i'ourt h Monday rpu ld a l wayti he kcpf ..pen in ..Ise a r•Np14 lag meat inµ w.1M 11.`1 e5ihJ1 �. 0 Add i.tionaIt%, this would reduce staff t.i-mc that is r neressara in preparing for each meet ing. y: POSSL'DLG ACTION: if council concurs wil.11 rccomtnendation.-Z, Hit: vrdinancc� would have to be amended to establish Ihu second Monday .,I' the month as the regular mret- ing– date. Agcnda item j. R(,%Iew of Cummissious and Other Appointed OPt'ices and Functions. lnkAosed you will find a I.i.st of rummiss i ons and ,IppoillLed u1'f; ices and duties. liacept. Por Ute IIRA 4 ,nun!tt.ctlwhl.•re only Carl, li.ne lillisonts term has cxpi r•ed and t lie semm, or C i cl.zens Board, these appointment: are un an annual basis_ I'll's. Ellison has .indicated that her schedule would nut allow her to scree on the IIRA comnil ttee. 'Che IIRA comm i tl er has rrcomendrd Robert Doty as a replacement. the .list is t'nelosed so that some thought. may IN, �i%en to pos—ilble appointments. Adclitionally, the count it mai mutt to contii,der the possible climinatiuu Air ally ,,ommi t It." that 'It-" no longer ac ta.ve. PUSS -1111 F A(' I' LUV: I 1 em is I'm- d iscoSsiun purPo�cs ou'ly as appttiutmvnl's will 1)r made At clic I'irsc meet ing In Jannav° . RIIIitRFCP: I-nchiNvil ybcct l,isl.ingcomm.i_btecs, ol'Pites and funethims. Agenda Item i. Consldrral ion of 'I'rnnsfers. Ittilowing aro transfers that should be made: i,IhYo from Hater Fend (o It 64 Willer Iteveune 11111d. this Is to most the requirements of (114, 1)(11111 oArre- neiii wbervb3 retttnues of the. Water Ptutd are dedit:aced tit the rrtlromrnt of this 11101)(1- ` 1 und.`1 ,4411.14 from 11174 Pnekint( Inthrowntrnt. Fund Ill I41;4 general Obligat ion ParklaK 1'ari lite Sinkinl., 1-111111. till Molloy I-cma lned .Ill the canNt NW -I ion fund After (he patking .lot .imprmcmrnlli wcmpaill Vol, and shrtold 1)r t r,kitsIrt•od t o the Shik.ing I•und per the Isocal a,gt erment . POSS"1Ill 1' ACT IONI Cmlu ldvi.1i loll nl' apprnlal of al"w, ( rnnafer,a. 3 hyenda Item a. Consideration of Salaries and Wages for 1977. The mayor has'scnt out his recommendations and they should he self explanatory. POSSIBLE ACTION: Consideration of mayor's re- commendation for salaries and wages for 1977. REFERENCES: Mayor's rr_rommendations. C ,. UPiCAi50 23, ]976 de, t4z a un . r: i ynee hue i:,as s hereby pe t i. titin thn Mon tS e e.. tt Council to _-sr.'ue a vorionce Ln th, ;resent sign oroineace Or,t is t"i� ;January 1, -1977. We believe the present ordinance places too much hrrcW,`7 an tine bu3in�,iz people t:ho :iuve .heir investment 'in these existin • :gne. tJe wgvl+l fav,7.j,, con:tiueroti-n n be riven to on amendment whereby the �r cnn piynt. 5a it o., 1 -can? as .hey are in gccd repair:He.: vc:, .,h.n ..ng ._.P nn: come aawr. farclacLmont then tt.cy would .`.:.v, tr.. —nr_. ._ i:. C.nl, :r�.njnLz regt:Lr,, 11, �f�cny sign p:otruu:nrl note than :d" -.v-�r a poo:. -4f-hay. Lu j r t' >>�C77rC�.,.— varve �J',. Sys• ••A �,�..r4 • _.fir .•,. .. I•V�L'�v - r'.G� r 1 PETITION FOR LOCAL IMPROVEMENT � Monticello, Minnesota, , 1!/..2.// To the City Council of Monticello, Minnesota: We, the undersigned, owners of not legs than 3i per cent in fronntJag,e,( of the renal propert% a- butting on t4 11I` (jXndicate stre ) hereby petition that such street be improved by indicate improvement desired) pursuant to Minnesota Stat., Sees. 429.011 to 4_9.111, between (indicate point of beginning) to (indicate termination point) SIanature of /07 Lot: Nlork 1. e 2. L 3• 4. S. G. H. r lU. , Examined, checked, And found to be .in propel• iotm and to be signed by the required number of owner,; of property aft!ee tud by the making of the impt0%rmt•n1 J( pl•1_i t inned for. c i t tbn 1 rat/,n C� 61 l CITY OF MONTICELLO COMMISSIONS AND OTHER APPOINTED OFFICES R FUNCTIONS 12-1-76 PLANNING COMMISSION Howard Gillham, Chairman Fred Topel Jim Ridgeway Henry Doerr Dr. C. D. Sauer J. W. Miller (ex -officio member) HOUSING AND REMVEOPMFNT AUTHORITY Jean Powers, Chairman (1-1-80) William A. Anderson (1-1-79) Leo Nelson (1-1-78) Vic Vokaty (1-1-81) • Caroline Ellison (1-1-77) CMC CENTER COMO:SSION Sheldon Johnson, Chairman h • ro Dick Martie D Bob Brown Ruth Sennas Karen Hanson (ax -officio) Oary Wieber (ex -officio) STREETS R PARK COMMISSION Arve Grimsmo, Cheinsan Dale Lungwitz Harvey Kendall Robert Rierson Milton Olson BUSINESS e: INDUSTRIAL DEVEIOPMDW COMMISSION Lowell Schr%W. Chairman REGIONAL AIMRT COMMISSION Lloyd Lund Gene halters Kenneth Maus Dave Rauer John Poirier Lois Schoepf POLICE COMMISSION JOINT PIKE BOARD Dick Martie Fire Dept. - Leo Trunnell COMRINITY EDUCATION BOARD City - Rick Wolfetellor Township - Oahart Decker Rick Wolfateller JOINT RECREATION BOARD City - Ron Peters, Ken Maus School - Ruse Martie, Gordon Link SENIOR CITIZEN'S CENTER BOARD Leo Nelson - President Harry Stokes - Treasurer Marie Peterson - Secretary Other memberer Sheldon Johnson Lloyd Lund Charles Plotnick Prank Thompson Jay Morrell Marie Hauling Caroline Ellison Hugh Mainnon 0 Resigned HISTORICAL SOCIETY Robert Bmwn, Chairman Jim Herbst Hazel Kotilinek Julie Lewandowski Gsry Pringle Don Smith ACTING MAYORr Denton Erickson OFFICIAL NEWSPAPERi Monticello Times OFFICIAL DEPOSITORYt Wright County State Bank HEALTH OPPICERI Dr. Donald Mous CIVIL DEFENSE DIRECTORr Douglas Pitt CITY ATTORNEYr Gary Pringle BUILDING INSPECTORI J. W. Miller CITY AUDITORi Gruye, Johnson A: Associates RESOLUTION WMF3ER RESOLUTION APPLYIW, FOR AIRPORT MASTER PLANNIM C kIT W)OWAS, The City of Monticello Desires to prepare a feasibility study for a joint use airport, and VIEER AS, The City Council of the City of Monticello considers the preparation of a feasibility study necessary prior to the develop- ment, of said airport, now therefore PE IT RESOLVED, That the City Council of the City of Monticello in cooperation with the Minnesota Department of Aeronautics and the Department of Transportation, Federal Aviation Administration, conduct a feasibility study in conformance with the general criteria agreed to by the Cities of Monticello and Maple Lake, MDA and FAA, and BE IT FURTHER RESOLVED, That the Mayor of the City of Monticello be authorized and empowered to sign documants.on the behalf of the City of Monticello as may be required for the initiation and execution of the airport master plan study. Uatod f2//.;/?( Mayor / A TTEST: G1 MONfICEldO PUBLIC WORKS DEPAR'114E2n WORK REPORT Nov, 19 - Dec. 10, 1976 STRMS A. Complete street sweeping. E. Hauling gravel and blade work for reconstructing Chelsea Road; 150 loads of Class p5 - 4 men, 3 days, C. Preparation and repairs of street Christmas decorations. D. Hepairing dog pound. E. Plowing and removAl of snow. P. Sanding/salting of streets - 26 men hours spent on this to date. G. Clean up and maintenance of equipment - 3 men, 3 days; included in this time spent is the regular, scheduled maintenance of oil changes, greasing, etc. Also, plow and truck repairs following snow removal is included in this figure of 3 men, 3 Jaya. H. Inventory - 1/3 completed. I. DED - continued work on Doug Pitt's trees. WATER/SEWER A. Clearing off skating rinks. B. Meter installation and repairs (8). C. Hauling sludge - 2 days. D. Location and inspootion for city diggers. E. Inventory - completed. 1977 SALARY SCHEDULE NON-UNION EMPLOYEES Mike Rajala $14,000 year Dick Brooks 13,860 year Walt Mack 12,200 year Cary Wieber 21,500 year Rick Wo.lfsteller 12,000 year Lynnen C.il.lham 4.1.5 hour Mary Jo Quick 3.45 hour Karen Hanson 450 month Mark Irmiter 13,200 year Liquor store employees salaries to be set by manager with total. other salaries limited to 55 of sales with a top wage of $4.00 per hour. (Supplement 12/31/76 #1 .) •� _� I.ABOR AGREEMENT lJ B EWEEN Cv CITY OF MONTICELLO AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO_ 49, AFL-CIO ARTICLE I. Purpose of Agreement This Agreement is entered into between the City of Monticello, herein- after called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. The intent and purpose of this Agreement is to: 1.01 Establish certain hours, wages, and other conditions of employment; 1.02 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.03 Specify the full and complete understanding of the parties; and 1.04 Place in written form the parties' agreement upon teens and Cconditions of employment for the duration of the Agreement. Qne Employer and the Union, through this Agreement, continue their dedi- cation to the highest duality of public service. Both parties recognize this Agreement as a pledge, of this dedication. ARTICLE II. Recoqnition 2.01 The Employer recognizes the Union as tho exclusive representative under Minnesota Statutes, Section 179.71, Subd. 3, in an appropriate bargaining unit consisting of the following job close ification(o): Equipment Mechanic -- Operator The wage rues for such classificatkon(s) are set forth in Appendix #1. 2.02 It is ogreod that suporvisory employees not covered by this Agreement may perform %?ork usually performed by bargaining unit employees. Tho Employer agraca that the performance of this work by nupervi.sory personnel %•.i.11 not be for the sole purpose of avoiding overtime payment to bargaining unit personnel. ARTICLE III. Uniell Socurity (j rrocognition of the Union an the exclusive representative, the Employor nail: S�+,t7�eina� t IL/iJ/7� � I i -2- 3.01 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.02 Remit such deduction to the appropriate designated office of the Union. 3.03 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.04 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV. Emolover Securitv 4.01 The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slowdown, other interruption of or interference with the normal functions of the Employer. 4.02 Any employee who engages in a strike may have his (her) appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 1.03 An employee who is absent from any portion of his work assignment without permission, or who abstains wholly or in part from the full performance of his duties without permission from his (her) Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.04 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, at the discretion of the Employer, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, no he (she) may have theretofore been entitled. 4.05 Ido employee shall be entitled to any daily pay, wages or per diem for the days on which lie (she) engaged in a strike. ARTICLE V. Emnlover Authoritv 5.01 The Employer rcLaino the full and unrestricted right to operate and manage all nanpower, facilities, and equipment; to est'ablinh functions and programs: to sot and amend budgets: to enact, modify or eliminate ordinances: to detarmi.no t:he uti.lizaLlon of technology: to establish and modify the organizational strucLuro: to select:, direct and doturmine the num'ae: of personnel: to entabli.oli work sclhcdules, and to perform any C,Snhcrent etnnogerial function not specifically limited by this Agreo.w nt. -3- 5.02 Any Lerm and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion G-7 the Employer to modify, establish, or eliminate. ARTICLE VI. Emoloyce Riqhts - Grievance Procedure 6.01 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpreation or application of the specific terms and conditions of this Agreement. 6.02 Union Renresentatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. No Union business shall be conducted on the employees time except with the express permission of the Employer. 6.03 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours —ovided the employee and the Union representative have notified and Cceived the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.04 Procedure - Grievances, no defined in Section 6.01, shall be resolved in conformance with the following procedure: Step 1: An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present ouch grievance to the cmployea'a ouporvisor no designated by the Employer. The Employer doclignated repro- aentative will discuss and give an answer to such Stop I grievance within ten (10) calendar days after roccipt. A grievance not resolved in Stop I and appealed to Stop 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is boned, tho provision or provioiona of the Agreement allegedly violated, and the rcmecly requosted and shall, be appealed to Stal) 2 within ten (10) calendar days after the Employer designated reprosentntivo's final onower in Stell, 1. Any grievance not.• nppealed in writing to Step 2 by the Union within ten (10) calendar eliya nboll be confleiared waived. -4- U Sten 2: If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated �- Step 2 representative. The Employer designated repre- sentative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Sten 3: If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated repre- sentative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4: A grievance unresolved in Step 3 and appealed in Step shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1.971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.05 Arbitrator's Authority (A) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(a) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. (B) The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations have the force mid effect of law. The arbitrator's de- cision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later., unless the pnrties agree to nn extension. The decision shall be binding on both tho Employer and the Union and shall be based solely on the nrbitr.ator's Interpretation or application of tho express terms of•this Agreement and to the facts of the gr,ievnncn presented. -5- (C) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cause such a record to be made, providing it pays for the record. if both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.06 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. 6.07 Choice of Remedv - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if tho grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VI or a procedure such as: Civil Service, Veteran's Preference, Fair Employment, or to a hearing before the City Council pursuant to City Ordinance. If appealed to any procedure other than Step 4 of Article VI the grievance is not subject to the arbitration rocedure as provided in Stop 4 of Article VI. The aggrieved employee hall indicate in writing which procedure is to be utilized --Step 4 of Article VI or another appeal procedure --and shell sign a statement to the effect that the choice of any other hear Lag precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VI. ARTICLE VII. Definitions 7.01 Union - The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.02 rmo o er - The City of Monticello, Wright County, Minnesota. 7.03 Union f,*mrrhr+r - A momber of the International Union of Opera ting Engineer;, I,czcal No. 49. 7.04 r; aa+ - A n:_ ,1wr of Chu exclusively recognized bargaining unit. 7.0!i pat_n - 'Phe employeo'n Dourly pay rate exclusive of lrmyc^9t, 'cL any other• r-hrciul allo••r,mces. length of cont i nunus sorvire with the Employer. ":.07 C:, '• n i'_-vrj Tin, - Timo of i 0tr, omployre's regulmrly sclit dialed 01k ^hf :IT , ;;tial �in i imr to ot 4,rt.i me worked. 7.08 Severance Pay - Payment made to an employee upon honorable termination of employment. CA Overtime - Work performed at the express authorization of the Employer in excess of forty (40) hours within a seven (7) day period. Saturday shall be considered to be the start of each seven (7) day period and Friday shall be considered to be the last day of each seven (7) day period. 7.10 Call Back - Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.11 Strike - Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a charge in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE VIII. Savinqs Clause 8.01 This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any pro- vision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal. 1 been taken within the gime provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX. Work Schedulen 9.01 The solo authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.02 Sarvi.eo to the public may require tho establishment of regular shifts or work weeks for some employees on a daily, weekly, seasonal, or annunl basis other than the normal 7:30 - 4:30. Monday through Friday, work day. The Employer will give as much advance notice as practical to the employees affected by the establishment of work days different from tho employee's normal eight (8) hour work day. 9.03 In the avant that work is required because of unusual circumstnnces such as (but not limited to) fire, flood, anow, sleet, or breakdown of municipal equipment or facilities, no advance notice need bo given. it is not rcquirod that an employee working other than the normal work day be scheduled to work more than eight (8) hours: however, each employed Uon obligot.ion to work over.timo or call backs if requested unless oual. cbrcumatonces prevent him from so working. 4, -7- u 9.04 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. Overtime Pav 10.01 Hours worked outside of regularly scheduled hours and in excess of forty (40) hours within a seven (7) day period beginning with Saturday and ending on Friday will be compensated for at one and one—half (1�) times the employee's regular base pay rate. Overtime worked on the nine (9) holidays set forth in Article XIX will be compensated for at two (2) times the employee's regular base rate. 10.02 Overtime will be distributed as equally as practicable. 10.03 Overtime refused by employees will, for record purposes under Article 10.02, be considered as unpaid overtime worked. 10.04 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.05 The Employer may allow for compensatory time off in lieu of overtime payment except overtime worked on Sundays and holidays. Such compensatory time will be scheduled at a time mutually satisfactory to both the Employer and employee. If a mutually satisfactory time cannot be agreed on, the Employer will assign compensatory time off by giving seven (7) days notice to the employee. Employees who have an accumulated balance of more than en )ty (80) hours compensatory time due them will be paid overtime pay for an overtime worked while such accumulated balance exceeds eighty (80) hours. ARTICLE XI. Legal Defense 11.01 Employees involved in litigation becauso of negligence, ignorance of laws, non -observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 11.02 Any employee who is charged with a traffic violation, ordinance- violation rdinanceviolation or criminal offenso arising from acts performed within the scope of this employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for reasonable attorney's fees and court coats netually incurred by such employee in defending against such charge. AIITICLE XII. Right of? Subcontract 12.01 Nothing in this Agreement shall prohibit or restrict the right• of the Employer for subcontracting work performed by employebs covered by this Ag:cemcnt . AIRT.ICLF, XIII. )i.scinlinn 13.01 The tmployOr will discipline empl.oyeeo Only for what it considorn to bo just cause. r ARTICLE XIV. Seniority L. 01 Seniority shall be the determining criterion for transfers, pro - cions to other bargaining unit positions, and lay offs only when all other qualification factors are equal. ARTICLE XV. Probationary Periods 15.01 All newly hired or rehired employees will serve a six (6) months' probationary period. Probationary periods for employees working pursuant to a funded governmental program, such as C.E.T.A., shall extend six (6) months beyond the termination of the government funding or sponsorship with respect to that employee. 15.02All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 15.03 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 15.04 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVI. V Safety 16.01 The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a sofa manner. ARTICLE XVII. .lob Postinq 17.01 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: (a) Hovo the necessnry qunlif.ications to meet the otandardo of the job vacancy: and (b) H(+vo the ability to perform the duties and responnibilities of: the job vacancy. 17.02 E:noloy000 filling a higher job cl.nno based on the provioi,ons of this Article shall be :subject: to the conditions of Article XV (Probationnry Periods). 17.03 The Employer has (tire right: of final, decision in the selection of employees to fill posted jobs batted on qualifications, abilities and e f1i.ence. 171._0,4 Job vacancies withJn the deni.gnoted bargaining unit will he posted for five (5) t.or'ring days 00 (brit members Of the bargoiniml unit Can bo considered for such vacn11cien. 9 '-J ARTICLE XVIII. Group Insurance Proqram ] 01 The Employer will pay the full monthly billing amount in effect on A?.til 1, 1976 toward the cost of the Banker's Life Company benefit schedule for employees as set forth in Appendix #2. Tine Employer will pay any premium billing amount increases, subject to a maximum of $5.00 per month increase, effective April 1, 1977. The individual employees will pay for any increases in excess of the foregoing. ARTICLE XIX. 11olidays 19.01 The Employer will provide the following nine (9) paid holidays for the years 1977 and 1978: New Year's Day, President's Day, Memorial Day (last Monday in May), Independence Day, Labor Day (first Monday in September) , Columbus Day (second Monday in October), Voterans Day (November 11), Thanksgiving Day, and Christmas Day. When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on Sunday, the following day shall be a holiday. When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on Saturday, the preceding day shall be a holiday. ARTICLE XX. Vacation Leave 20.01 Vacation leave with pay shall be granted to all probationary and pe—nanent employees in accordance with the following schedule: U Senioritv Vacation Days Less than 1 year on April 1 O More than 1 year, but less than 2 5 More than 2 years, but less than 6 LO More than 6 years, but logo than 15 15 More than 15 years 20 20.02 Except as specifically approved in writing by tho City Administrator, employees will not be allowed to accumulate in excess of thirty (30) working days vacation leave. 20.03 Any permanent employee leaving any municipal service in good standing, after giving proper notice of such termination of employment, shall be compensated for vacation leavo accrued and unused to the data of soparotion. 20.04 No employee shall be permitted to waive vacation leavo for the purpose of receiving double pay. 20.05 Credited seniority ohnll he based on accumulated seniority as of April 1 of each your. ']'he vacation earned as of that date is to be taken during the following twolvo (12) months unless the employee is given wt%ten permission to accumulate all or part of it. r'1 ,r _10 - ARTICLE XXI. Sick Leave '.01 Eligibility: Sick leave with pay shall be granted to all probationary ,...d permanent employees at the rate of one working Jay for each calendar month of full time service. For this purpose, one calendar month shall be any month in which an employee is paid for twelve (12) or more working days. Provided, that such sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) probationary period. 21.02 Accrual: Sick leave may be accumulated as earned up to a total of one hundred (100) working days. 21.03 Sick leave may be granted only for absence from duty because of personal illness or legal quarantine. 21.04 In the event of death or serious illness in the immediate family, a maximum of three (3) days sick leave shall be allowed. 21.05 Workman's Compensation benefits shall be credited against the compensation due an employee using sick leave benefits. 21.06 Proof Required: In order to be eligible for sick leave with pay, an employee must: 1. Report within one-half (�) hour unless circumstances do not permit, in which case as soon as circumstances do permit, of the beginning of his work day to his department head the reason for his absence. 2. Keep his department head informed of his condition, if the absence is of more than three (3) days duration. 3. Submit a medical certificate for any absence if required by the department )load or City Administrator. 21.07 Penalty: Claiming sick leave when physically fit., except an permitted in this Section, may he cause for disciplinary action, including transfer, suspension, demotion or dismissal. 21.08 Immediate Family: Immediate family for purposes of serious illness shall mean mother, father, husband, wife, son and daughter. Immediate family for purposes of death shall, in addition to the foregoing, include brother, sister, grandparent, mother-in-law and father-in-law. ARTICLE XXII. Wi. i ver 22.01 Any and all prior agreements, resolut.ions, practices, policies, rules and 1cgulnLi0nq re.jarding terms and conditions of employment. Lo the extent inconsist.cnt with Lhe provinionn of this Agreement., are hcrehy atiperredcd . t! 22.02 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or (condition of e.mploynent not removed by law from bargaining. All aqrcc- mts and understandings arrived at by the parties are set fOL-th knwritLnq -in this Agrcc=cnt for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within t-hc knowledge or contemplation of either or both parties ot the time this contract was negotiated or executed. ARTICLE )OCIII. Duration THIS AGREEMENT' shall be effective as of April 1. 1976 and shall rem:,;.n in full force and effect until March 31, 1978. IN WITNESS WILEREor, the parties hereto have executed this Agreement on this day of 1 1976. CITY OF MONTIC:ELLO By CCity Administrator INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL --11'10 13Y Business Representative Appendix 41 (Salary Schedule 1977) Appendix #2 (Group Insurance Benefits) have been mutually agreed to and made part of this Agroument.. C' APPENDIX #1 SALARY SCHEDULE FOR YEARS 1976 AND 1977 The saLnry schedule coir Lqu:ipment Mechnnic-OpernLor will bc as set, forth below and shall represent the hourly base salary, eselus-ive of all supplemental pay, fnr employees under this contract for the duration of the contract. Net: employees hired after this date Wall he paid eighty percent (505) of the top rate for the first six months worked, ninety percent (901) of the rop rate for the second six months worked, and the Lup rale thec caFter. 4 1_7(i 1-1-774 1_i' hqu i pment Merhnn i ,- Operator Cop Rate 41011 ) $4.85 $5.10 SS.W Second 6 months (ctU",') 4.37 4.50 4.hb First n months (511") LBO 4.00 402. the present vmpinyres who tare not at the Lop rate will- „ transit ion to the top rate acc urding to the following iL sc hvdule: the 1-1-77 4-1-77 4-1--7S- Rati Vic at inn A. Meyer 54.50 $5.00 $5.30 $5.50 G. Schmidt- Abs 5.10 5.35 5.9) In addition to whaLever general contract ineevases are. geantod on this date. a ^ tc► cCIKC AY ()THEA INSURANCF. SFF C0n4n1 NAT Inti nF IT"rV I'S c-»' RC 310 01 APPENDIX #2 GROUP LIFE AND MEDICAL INSURANCE THE BANKERS LIFE CERTiFiCATiON OF sc .. COVERAGE J r OEPEMDENT PtpEBArlpikOTuICED F^:.E1 CITY tXc t4q•aTTC,ELL0 Yr)UR ENROLLMENT CAPD TnGETHFR PINTIC°LLJ yV 55362 WITH THIS BENEFIT SCHFOULE AN0 YOUR BOOKLET CONSTITUTF. YOUR CERTIFICATE OF INSUFAKCF GROU3 F'%LfCYH7LCE2 -- UPPER MIDWEST EMPLOYERS ASSOCIATION - - - - - - - - - - - - - - - BENEFIT SCHEDULE - - - — - — - - � - - - - • - - IFF TNSURAVCF WEEKLY INCOM£ 154.00 BASIC - UNCSQ %GP 60 50000.00 BEGINSS 11 ST DAY ACttD9NT AGE 60 T14011 64 30750.00 8TH DAY SICKNESS AGE 65 THOU h0 2:400.00 MAXIMUM BENEFIT 26 Wf..fKS AGE 70 Tn4U 74 1:S00.00 BEN FIT NOT TO EXCFEn 65 2/3 t AGF. 75 AVR ITVcP 1:000.00 OF WEEKLY NAGE DEPENDENT LIF NON -OCCUPATIONAL. - SFE SOCKLET PAGE SPOUSF 10000.00 _ _ ACE CHIIDRplYS TI bAy'}NYHSH YEARS 140.0p 1.000.00 X %CCL�[[ 6 MIIYTHS TO 24 -NTAL nEATH AND OiSMEMBcRNEyT -ADt4- 49000.00 - MEDICAL BENEFITS FF�jjOR YOU AND - - SRSPpptpt LL MAXImOM +OMISptifLl4NEJtAXSDECAIxlr*4Y LIMIT EYOUREtOEPPE1NOLuFINTS M X M M PREGNANCY MACAFENDAFCYEAR .00 UNLtNI�00 OFt1UCTT8IEPRE250.000 PTA pp EpM AStCEPLANAPlUS5S, PAYABLE UN0ER10p.OU 100tO!TFTT.i=FilNl TaiTF.� E7ttFSgHEN MAXt1�Uy 10200.00 MAXIMUM FAMILY OEDUCt18V 203.00 :URr,ttCCAL SCHCIULF DHYSICTANS VISITS IN HIUPITAL COINSURANCE ERCENTO 804, DAILY -Ir 6.00 DR fill fi OOd DF COVERED CHARGES LI MAX MUM 365 DAYS IN tE%CEE$S OE UC IBLE THEN ID!) R -RAY ANn LAPnQSTIPY UCMARGES 0uE TO MENTAL CP NFRVf11)4 ? SICKNFSS wA�1VUy 100.00 DISORDER OTHER THAN Hn PITA[ ti to ACCICrNT - 5°C K+IPRLFMFNTARV ACCIDENT EXTENDED CARE SO- WPII�SLEMF%Tt.:Y ACC1T;EVT 500.00 OF EMt-PRIVATF ROOM RATE - UP Tel GAYS +ATFP ITV q,;0 IT4x HrSPITaL CTNF1YtycVT LIMIT - SAME 120 Ac A%Y lXt-rc ITSARILITY fi!TRuAl. DFI IV' -'Dy 150.00 N'00-tlI� )tLIV'*V t 309.0a M+MirFG14 ry f^Q RcpCvfC ) NT WIVF;t + paFHPLnYEES WHO tNSURC TiiFtF HUS *11S a ^ tc► cCIKC AY ()THEA INSURANCF. SFF C0n4n1 NAT Inti nF IT"rV I'S c-»' RC 310 01 • 01 SPECIAL MEETING MONTICELLO CITY COUNCIL December 23, 1976 - Q P. M. Mayor: Con Johnson Councilmen: Stan Hall, Dick Martic, Denton Erickson, Gene Walters. Purpose oP meeting is to review the bids and discuss the construction oP the proposed city hall. MAILING TO: Herb Ketcham Don Smith Km- •Addenduri N -o. 1 not acknowledged. , , -- 1010x#� 4; �, Ie -m -.76 1,/ DECEMBER 9, 1976 BID TABULATION FORM ` PAGE 1 of 4 ,41 MONTICELLO CITY HALL COMISSION NO. 7616 General ABJ Acton* Adolfson Arkay Crawford- C. F. Contractor S Peterson Merz Hagl in Bid Security 5% 5% 5% 5% 5% 5% Base Bid $548,442 $433,300- $431,200 $453,000 $475,399 $450,500 Alternate No . 2.1 Exposed Aggregate -8 6,552 - 7,200 - 4,300 - 4,600 - 5,165 - 5,350 Paving Alternate No . 2.2 Landscape Ties - 5,000 - 5,100 - 5,000 - 5,000 - 5,000 - 6,000 Alternate No. 2.3 Exterior Plantings - 2.000 - 2,000 - 2,000 - 2,000 - 2,000 - 2,000 Alternate No. 2.4 Casework for trans- - 7,900 - S,100 - 6.500 - 6,200 - 9,261 - 6.200 parent Finish Alternate No.. 2.5 Panelwork - 4,671 - 2.240 - 2,300 - 2,000 - 6,413 - 3,300 i Alternate No- - 1,445 - 1,500 - 1,450 - 1.500 - 1,445 - 1.600 Alternate No. 2.7 Wood Shingles 14,343 14,754 14.500 13,000 13,625 16.600 Alternate No. 2.8 Resilient Flooring - 1.476 - 2,100 - 1.500 - 1,500 - 2.048 - 1,500 Alternate No. 2.9 Carpeting - 5,300 - 5,500 - 5.400 - 5,600 - 5,397 - 5,400 Alternate No. 2.10 Tower Clock - 2.760 - 2,900 - 3.000 - 3.000 - 3.310 - 3.000 Southeast Face Alternate No. 2.11 Tower Clock 6.300 - 6.200 - 6.500 - 6.600 - 7,210 - 6.900 Alternate No. 2.12 Tower Construction - 5,965 - 12,300 - 10.500 - 13.000 - 14.136 - 11.700 ,I Calendar Days 300 300 240 300 30D 300 •Addenduri N -o. 1 not acknowledged. , , -- 1010x#� 4; �, Ie -m -.76 1,/ -Addendum No. I not acknowledged. �1i 12 47-)j A DECE; R 9. 1976 BID TABULATION FORM PAGE 2 of 4 ' MONTICELLO CITY HALL COMMISSION NO. 7616 General l<>s<Henry 0. Kloster - Kraus - Loffel - Contractor Cs Mikkelson - Madsen Anderson Engstrand Bid Security 5% 5% 5% 5% Base Bid $442,800 $461,000 $463,000 '•420,890 Alternate No. 2.1 Exposed Aggregate - 6,000 - 4,700 - 5,500 - 5,200 Paring Alternate No. 2.2 Landscape Ties - 5.500 - 5,000 - 5,000 - 6,200 Alternate No. 2.3 Exterior Plantings - 6,000 - 2,000 - 2,000 - 1,000 Alternate No. 2.4 Casework for Trans- - 6,500 - 6,200 - 7,500 - 7,600 parent Finish Alternate No. 2.5 Panelwork - 3.000 - 2,500 - 4,000 - 2,700 CAlternate No. 2.6 Asphalt Shingles - 1,600 - 1,500 - 1,200 - 1,500 Alternate No. 2.7 Wood Shingles 14,000 7,700 12,000 13,000 Alternate No. 2.8 Resilient Flooring - 2,300 - 1,400 - 1,300 - 1,600 Alternate No. 2.9 Carpeting - 5,600 - 5,30C - 5,300 - 5,500 Alternate No. 2.10 Tower Clock Southeast Face - 3,000 - 3,000 - 3,100 - 3,100 Alternate No. 2.11 Tower Clock - 6,300 - 6,500 - 6,600 - 6,700 Alternate No. 2.12 Tower Construction - 6,000. - 5,200 - 5,400 - 11,800 C Calendar Days 300 300 240 300 -Addendum No. I not acknowledged. �1i 12 47-)j A DECEMBER 9, 1976 PAGE 3 of 4 General Con trac for l Bid Security Base Bid Al terna to No . 2.1 Exposed Aggregate Paving Alternate No. 2.2 Landscape Ties Alternate No. 2.3 Exterior Plantings Al terna to No. 2.4 Casework for Trans- parent Finish Al terna to No. 2.5 Panelwork q Alternate No. 2.6 Asphalt Shingles Al terns to No. 2.7 Wood Shingles Alternate No. 2.8 Resilient Flooring Alternate No. 2.9 Carpeting Al terna to No . 2.10 Tower Clock Southeast Face Al terna to No . 2. 11 Tower Clock Alternate No. 2.12 Tower Construction (Calendar Days n M. A. Naugle Barr Lerk 5E 5E BID TABULATION FORM MONTICELLO CITY HALL COMMISSION NO. 7616 Nystrom Peterson Sheehy 5" 5% 5: $440.765 $491,913 $454,500 $419,992 5468,300 - 4,651 - 7,000 - 5,300 - 5,125 - 4,900 - 5,000 - 5,000 - 4,000 - 4,510 - 5,100 - 2,000 - 2,000 2,700 - 5,620 - 2,100 - 5,531 - 7,000 - 6,500 - 6,100 - 8,100 - 2,499 - 5,000 - 3,400 - 2,905 - 3,800 - 1,445 - 1,500 - 1,500 - 1,480 - 1,500 9,025 17,000 14,000 10,600 13,000 - 2,100 - 1,300 - 1,500 - 1,050 - 1,300 - 5,578 - 5,000 - 5,400 - 5,240 - 5,500 - 2.980 - 2,700 - 3,000 - 2,800 - 3,200 - 6,740 - 6,200 - 6,500 - 6,000 - 7,200 - 7.000 - 5,000 - 4,500 - 5,100 - 11,200 320 280 11/4/77 240 300 DECE14BER 9, 1976 BID TABULATION FORM PAGE 4 of 4 �—� MONTICELLO CITY HALL COMMISSION NO. 7616 General W. H. Witcher • Contractor Cates •• Bid Security 5. 5% Base Bid $474,098 $458,500 Alternate No. 2.1 Exposed Aggregate - 4.072 - 5,200 Paving Alternate No. 2.2 Landscape Ties - 5,200 - 6,100 Alternate No. 2.3 Exterior Plantings - 4,000 - 950 Alternate No. 2.4 Casework for Trans- - 5,000 - 6,600 parent Finish Alternate No. 2.5 Panelwork - 2,120 - 3,000 Alternate No. 2.6 Asphalt Shingles - - 1,445 1,500 . Alternate No. 2.7 9,025 13,500 Wood Shingles Alternate No. 2.8 Resilient Flooring - 1,150 - 1,500 Alternate No. 2.9 Carpeting - 5,000 - 5,400 Alternate No. 2.10 Tower Clock - 2,800 - 3.100 Southeast Face Alternate No. 2.11 Tower Clock - 6,000 - 6.700 Alternate No. 2.12 Tower Construction No Bid - 3,400 ' Calendar Days 300 300 C.' *Addendum No. 1 not acknowledged. **Sub -contractors not listed. /1-11 •%�