City Council Agenda Packet 01-14-1980AGENDA
RZGULAR MEETING - MONTICELLO CITY COUNCIL
January 14, 1980 - 7:30 P.M.
Mayor: Arve Grimsmo
Council Members: Dan Blonigen, Fran Fair, Ken Maus, Philip White. J J�
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Meeting to be taped.
Citizens Comments:1
Billboard Advertising Signs.
\1\1. Consideration of a Rezoning Request from R-1 to R-2 y Bradley Larson
on the First Baptist Church Property.
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Public Hearing on the Consideration of the Issuance of $1,000,000 in
Industrial Revenue Bonds for Clow Stamping Company.
Consideration of Resolution ordering Preparation of a Feasibility Report
P on Improvements Along East County Road 75 and East County Road 39.
J\4. Discussion of Dewatering for Sewer Service Connections for Certain Lots
in R.itze Manor Addition. j% 4Q;41t - jat4i MAI
ytS. Consideration of Extension of Conditional Use Permit and Variance Request C
for Holiday Station Stores, Inc.po-
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�6. Consideration of Credit on Prairie Road on the 1978-2 Improvement Project. V,1AIto. •S
7, Consideration of Extension on Variance to Allow the Use of a Mobile C �i`',r
Home as a Sales Office in a B-3 Zone - Scott Potato Company. -k ,(�-/ 8a /
�8. Consideration of Appointment of Committee Members and Various City
Functions and Duties.
�9. Consideration of Acquisition of 2,000 Gallon Underground Fuel System.
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X10. Consideration of the Appointment of a Responsible Authority for the Pur-
poso of Meeting the Requirements of the Minnosota Government Data
Practicea Act.
�11. Actions Necessary as a Result of the State Auditor's Report for the
Fivo-Years Ended IDecember 31, 1978.
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A 12. Quarterly Meeting of Department Heads,
13. Approval of Minuteo - Regular Meeting of December 10, 1979.
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COUNCIL AGENDA - 1/14/80
CITIZENS COW4ENTS
Billboard Advertisinq Signs
Representatives of two outdoor advertising firms - Blocher Outdoor Advertising
Company and Franklin Advertising - have indicated that they would have
representatives at the Council meeting under citizens comments to discuss
the City's position regarding its current ordinance which amortizes out
all billboard or off -premise advertising signs as of August of 1980.
For your information, the original ordinance was passed in August of 1975
granting a five-year amortization period to eliminate all off -premise signs,
or billboards. In addition to the amortization of billboards, other non-
conforming signs have to be brought into compliance by August of 1980,
that is - those that may be too large, businesses that have too many sicns
or signs that have intermitent lights. Specifically, in regard to the
billboards, Loren Klein has prepared a list of the existing billboards
which would have to be removed by August of 1980, and this is enclosed.
It is my understanding that these firms may ask the Council to consider at
least grandfathering in all existing billboards as a legal, non -conforming
use, rather than making them an illegal, non -conforming use having to be
amortized out by August of 1980.
Additionally, it should be pointed out that Blocher Outdoor Advertising
Co. apparently has enlarged come of the billboards they presently have on
the Stuart Hoglund Bus Company site and also on the Lauring Hillside Addi-
tion site. Thin is contrary to our City ordinance which indicates that
non -conforming signs may not be expanded or enlarged. Even if the present
billboards were to be grandfathered in, according to our present ordinance,
the square footage of the signs could not be enlarged. Enclosed, you will
find a letter from Blocher Outdoor Advertising Company relative to the
signs they apparently have taken over from Brede Sign Company. Blocher
Outdoor Advertising Company, Inc., indicates that they were initially
granted approval for a larger sign than was constructed. As a result,
they therefore fool that they have the right to enlarge these billboards.
I can find no record of permission by the City Council to construct those
signs, and have asked Blocher Outdoor Advertising Company to produce ovi-
denco of the same. Normally, a permit would be issued on the sign con-
structod. Even if approval were granted to construct a larger sign than
was initially constructed, this sign would still be subject to the City
of Monticello ordinance prohibiting non -conforming signs to be enlarged,
even though previous approval was granted for a larger sign than currently
exists on the site.
COUNCIL AGENDA - 1/14/80
_ AGENDA SUPPLEMENT
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1. Consideration of a Rezoning Request from R-1 to R-2 by Bradley [arson on
the First Baptist Church Property.
Mr. Bradley Larson has requested that the property presently owned by the
First Baptist Church on west County Road 75 just west of the Pinewood
School be rezoned from R-1 to R-2 to allow for the construction of five
4 -unit condominiums. In an R-2 zone, condominiums are allowed as a
conditional use, and at a later date, it the rezoning were approved,
Mr. Larson would come forth with a conditional •:se permit request.
In addition to the construction of the condominiums, the present church
building would be converted to a duplex. Initially, the First Baptist
Church, at the time of the construction of the church, had indicated
that this would eventually be used as a parsonage if the First Baptist
Church were to expand in this area. Mr. Larson explained that the
First Baptist Church has now entered into a purchase agreement to buy
another piece of property currently owned by the Assembly of God
Church in Monticello. Total acreage of the First Baptist Church site
is 2.75 acres.
Mr. Larson indicated that the condominiums would be owner -occupied and
be alternative housing for people who want to eliminate the care and
maintenance of a yard. According to Mr. Larson, there would be only
one curb cut from County Road 75.
At their last meeting, the Planning Commission reviewed a petition opposed
to the rezoning (copy of which is enclosed) and heard testimony from
various property owners in the area opposed to the rezoning (see enclosed
Planning Commission minutes of 12/18/79). You will note on the petition
itself, it refers to the rezoning request from R-1 to R-3, which was the
initial request of Mr. Larson. However, at the Planning Commission meeting,
he changed the request to road R-2.
After reviewing the objections of the property owners in the area relative
to congestion and other isauos, the Planning Commission recommended
unanimously to have the area rezoned from R-1 to R-2 for the following
roasonai
A. Congestion caused by development would be minimal in comparison to such
other developments further west such as Andera-Wilholm Estates, llillcrost
Addition, Balboul Estates and also the Northern States Power Plant.
B. It was felt the fact that the traffic would flow from the proposed
development directly onto County Road 75 would be an ideal situation
rather than have it flow onto a residential stroot.
C. Area was somewhat isolated and was well buffered by the School on the
cast aide and the railroad tracks and golf course on tho south, and by
commercial property to the cast, and by County Road 75 to the north.
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COUNCIL AGENDA - 1/14/80
D. Congestion that would be caused if the First Baptist Church expanded
would probably be greater than Mr. Larson's project.
POSSIBLE ACTION: Consideration of approval or denial of rezoning request.
(A 4/5's vote is necessary for approval).
REFERENCES: Planning Commission minutes of December 18, 1979, and petition
from property owners in the area.
2. Public Hearinq on the Consideration of the Issuance of $1,000,000 in
Industrial Revenue Bonds for Clow Stampinq Companv.
Purpose of this item is to consider approval of the issuance of $1,000,000
in industrial revenue bonds for Clow Stamping Company to construct a
30,000 square foot building in the Oakwood Industrial Park. Breakdown
of the $1,000,000 in financing is as follows:
Land acquisition s site development
$ 100,000
Construction contracts
475,000
Equipment acquisition s installation
200,000
Architectural s engineering face
25,000
Legal fees
20,000
Interest during construction
25,000
Initial bond reserve
100,000
Bond discount
40,000
Other
15,000
TOTAL
$1,000,000
Clow Stamping Company is a metal fabricating and manufacturing firm, and
has its headquarters in Merrifield, Minnesota, along with a plant in
St. Louie Park. It is the intent of Clow Stamping Company to move its
operations from St. Louie Park to Monticello. Currently, the firm lesson
apace in St. Louie Park, and would intend to open a plant in Monticello
by July 1, 1980. This plant would employ approximately 70 to 75 people.
Of thin number, company officials estimate that 50 employees will be
brought from their plant in St. Louis Park and now job openings would
occur for approximately 20 to 25 people. Wage rates range from $5.25
per hour to $12.00 per hour.
Reason for the request for industrial revenue bonds according to company
officials is that the current interest rate for real estate (approximately
13%) and for machinery (of up to 18%) makes it almost impossible to
finance such a project. It in estimated that the industrial rovenue bonds
will be sold for approximately 9%.
Industrial revenue bonds do not become a liability of the City, and it
is not legal, in fact, for the City to use public monies in the case
a particular company does go bankrupt. The City's tax exempt provisions
aro used as the conduit to authorize the issuance of bonds for financing
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COUNCIL AGENDA - 1/14/80
_ the project. This same vehicle was used for financing pollution control
f equipment on three occasions at Northern States Power Company, and for
the Silver Fox Motel. It should be pointed out, however, unlike the Silver
Fox Motel where one of the features of the industrial revenue bonds was
that in reality it was a tax exempt mortgage which was purchased by a bank
in St. Cloud as opposed to the industrial revenue bonds requested by Clow
Stamping, which would be a public offering. The reason for the public
offering, according to representatives of the Company, is to obtain 1008
financing for the project.
Representatives of Clow Stamping Company, along with their fiscal consul-
tants - Miller 6 Schroeder, will be at Monday night's meeting. Additionally,
our City Attorney, Gary Pringle, will be present and he has reviewed all
the papers relative to the issue itself. According to Gary Pringle, he
feels that the documents and papers are in order.
Additionally, the Chamber of Commerce Committee on Industrial Development
has also reviewed the project and visited the firm itself, and it recommends
the approval of the industrial revenue bond issue.
In addition to the required information, the firm has also submitted the
last three years of their financial statements. These are available for
review at the Monticello City Hall. It should be pointed out that I have
reviewed these financial statements, and the company has increased their
sales quite rapidly over the past three years, and their operating state-
ment is more than adequate to retire a debt of $1,000,000 over the number
of years requested, or 25 years.
It should be pointed out that the approval by the City of Monticello is
preliminary approval, and the matter will then be forwarded if approved
by the City Council, to the Commissioner of Securities for the State of
Minnesota. If the Coemniooicner of Securities approves the issue, the
matter then goes back to the City of Monticello for final approval. The
Commissioner of Securities reviews the projoct to sec that it moots the
intent of the statute, along with the feasibility of the project itself.
POSSIBLE ACTION: Consideration of approval of the issuance of $1,000,000
In industrial revenue bonds for Clow Stamping Company.
REFERENCES: Copy of the book entitled - Municipal Revenue Bonds - issued
by the Minnesota Department of Economic Development dated
July 1, 1975, which was sent out with the December 10, 1979
agenda, and financial statements on Clow Stamping Company
which are available for review at the Monticello City Hall.
Preliminary resolution approving induotrial revenue bonds.
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COUNCIL AGENDA - 1/14/80
3. Consideration of Resolution Orderinq Preparation of a Feasibility Report
on Improvements Alonq East County Road 75 and East County Road 39.
Purpose of this item is to consider the ordering of the preparation of a
feasibility report as a result of a petition received from Mr. Curt
Hoglund and Mr. Floyd Kruse. This petition would entail the construction
of a 16" water line from the wastewater Treatment Plant cast along
County Road 75 and then along County Road 39 up to Mississippi Drive and
the construction of sanitary sewer from a point approximately 650' west
of the intersection of County Road 75 and County Road 39, easterly along
County Road 75 and then along County Road 39 up to Mississippi Drive.
It should be pointed out that the first two parcels east of the wastewater
Treatment Plant already have sanitary sewer available, and this is the
reason why the sanitary sewer does not run the same length as the storm
sewer and water. (See enclosed map for detail).
As you may recall, approval was previously granted by the City of Monti-
cello relative to the townhouse development on the Curt Hoglund property,
and at that time, discussion was held regarding public services to that
area. Initially, the possibility of receiving sewer and water services
from Mississippi Drive was discussed. However, the Council additionally
discussed with the engineer and the developers the possibility of develop-
ment of the remaining portion of their property, which probably require
the larger project now being requested. In addition to the sanitary sewer
service which would become available, this would loop the water line and
result in better water pressure. John Badalich has reviewed soma very
preliminary costs with the developers of the townhouses on such a construc-
tion project, and they are very receptive to having a more detailed feasi-
bility report and more definitive costs available.
In light of the last public hearing on assessments - that is, the 1970-1
project which served Country Club Manor along with other areas - it might
be well to have the engineer prepare the feasibility report such that
assessments are estimated on an exact parcel by parcel basis. In this
manner, confusion will be eliminated as to estimated assessments on a
per foot or per square foot basis, and each individual property owner
will have an idea at the preliminary hearing of what the estimates on a
specific parcel aro. Additionally, the assessments should be projected
to a realistic construction date and inflation factor automatically
built in.
For your information, this is the only petition that the City of Monticello
has received at this time. The cutoff date for petitions is January 1st
of each year, and if a petition is received after that dato, there is no
assurance that it will be considered during the current year.
Procedure at this point would be to consider the calling for of a feasibility
report to be prepared by our engineer, and at a later date, after the
feasibility report is completed, a public hearing would be hold and notice
sent to all property owners proposed to be assessed on the project.
POSSIBLE ACTIONi Consideration Of resolution calling for preparation of
{ feasibility report on the above stated project.
l REPERENCESt Enclosed copy of resolution plus map depicting area.
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COUNCIL AGENDA - 1/14/80
4. Discussion of Dewatering for Sewer Service Connections for Certain Lots in
'1 Ritze Manor Addition.
Purpose of this item is to discuss the dewatering that was necessary and
additional charges incurred by three property owners in Bitze Manor for
their sewer service. The three property owners - Bud Kline, Loren Pemberton
Hugo Sonbuchner - requested they he on the agenda for Monday night's meeting.
You might possibly recall this item was discussed at the City Council's
November 26, 1979 meeting. At that time, the situation was reviewed and
it was determined that the specifications which had called for main risers
when the service is 12' deep or more at the street and also for an additional
riser at the property line when the service pipe is no less than 9' deep
had been met. The property owners, in order to put in their sewer service
connection, had to dewater the area, and the cost to Bud Kline, Loren
Pemberton and Hugo Sonbuchner was $1,940, $570 and $675 respectively for
the additional cost.
Initially, they felt that the engineer should have known of the watertable
in the specific areas, and the services provided with risers at the property
line so dewatering would not have been necessary. Additionally, in Bud
Kline's case, he claims that the depth of the service connection for the
sewer was 11' instead of the specified 9'. However, this is almost
impossible to tell since the area could have been filled at the time and
the depth of the sewer is not given in elevation, but is given in depth
below the existing grade at the time the construction was completed, which
was 1975.
This item was reviewed with the three property owners on January B, 1960,
explaining the City's position relative to the matter. Present at that
meeting in addition to the throe property owners were John Simola, the
Public Works Director, and Hank Wander, an inspector for Orr-Scholen-
Mayeron 5 Associates (however, he was not an inspector at the time the
project was installed back in 1975). It was explained to the property
owners that although the situation was unfortunate, that the City did
not put in risers at the service connections for the following reasons,
A. Grading plan had not oven been received by the City of Monticello at
the time of the installation of the services.
B. At the time of the installation of the project, it was not known
whether full basements were going to be put in, which would have
required dewatering, regardless, or if thorn were going to be
split entry homoo.
C. According to the soil boringe taken at the time, the water depths
ranged from 5' to Ili' beneath the surface, and as a result, almost
all the services that went in as part of the 1975 project did not
roquire dowatoring.
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COUNCIL AGENDA - 1/14/80
D. Although soil borings were taken in four or five locations, it would
have been very costly to take soil borings at every property line to
determine what the exact water table was as a specific property line to
insure that dewatering would not be necessary for the sewer service.
E. Although risers could have been put on at every property line, the
number of lots that warranted these risers would not have been suffic-
ient to justify the additional cost.
At the conclusion of the above -referenced meeting, the property owners
understood and appreciated the City's position, but still requested to
be present at Monday night's meeting to discuss this item further with
the City Council.
it should be pointed out in the future that the City will try to rectify
this problem occuring again by having the sewer service connection
recorded at an elevation rather than at depth below grade, because the
grade could be subject to change. Additionally, the City will now
require a grading plan before commencing any project and will attempt
to analyze a specific areas water table and make a determination of
whether it would be cost effective to put main risers in. However, this
is not to say that in the future, there won't be certain lots that will
have to be dewatered for their sewer service connections.
As previously noted in a Council agenda update, a previous meeting was
held with Charles Ritze and Casey Kjellberg relative to the same con-
cern. It was indicated at that time that possibly the thing that could
be done in the future for that specific plat was to have a contractor
dewater the remaining lots that would be in question all at one time,
and this would result in a substantially reduced cost savings to
Mr. Ritzo since a great share of the expense in dewatering is getting
the equipment out initially. For example, the City of Monticello
dewatored a stretch of approximately 1/4 mile for only $1,300.
As a result, it would be the recommendation of the Public works Director,
Orr-Scholon-Mayeron s Associates, and myself not to reimburse the property
owners for their coats incurred on the extra dowatering. This would
subject the City, not only in the future, to possibly pay these same
type of coots, but there may have been other property owners who have
incurred those problems in the past, to submit claims to the City for
dowatering. It should be further pointed out that the proporty owners
have not specifically turned in claims to the City of Monticello for
the coots incurred, and I am not sure this is their exact intent for
Monday night's meeting.
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POSSIBLE ACTIONi Consideration of reimbursement if naked for to property
owners for extra coat incurred for dowatering.
REFERENCESi November 23, 1979 memo from John Simola
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COUNCIL AGENDA - 1/14/80
Consideration of Extension of Conditional Use Permit and variance Request
for Holiday Station Stores, Inc.
Holiday Station Stores, Inc. is requesting an extension of their conditional
use permit along with the variances received at the City Council's January 23,
1979 meeting. It has been necessary to request an extension as a result
of the fact that the firm was prevented from building last year for lack
of a Federal gasoline allocation. (See enclosed letter from Holiday Station
Stores).
According to Monticello City Ordinances, variances and conditional use
permits lapse after one year unless requested to have an extension. As
a result of this request, I would recommend that the City Council extend
the conditional use permit granted and variances relative to driveway
openings, setbacks and offstreet parking (see January 23, 1979 minutes).
POSSIBLE ACTION: Consideration of extension of conditional use permit
and variance request for Holiday Station Stores, Inc.
for one year.
REFERENCES: January 23, 1979 City Council minutes, and January 3, 1980
letter from Holiday Station Stores, Inc.
6. Consideration of Credit on Prairie Road on the 1978-2 Improvement Project.
Purpose of this item is to consider a request from Marvin George Builders,
Inc. to be granted credit for construction costs associated with Prairie
Road.
Enclosed is a copy of a December 21, 1979 letter from Marvin George whereby
he indicates that on the feasibility report prepared initially by the
City Council, it was indicated that only 500 of the replacement cost of
Prairie Road would be assessed. The actual cost for the gravel portion
of the road was $3,704.81, and along with indirect costs of 17%, the
total coot of this portion was $4,334.63, of which Marvin George is asking
for a credit of $2,167.32, or 500.
It should be pointed out that although the feasibility report indicates
that only 50% of the replacement cost would he assessed, the project was
not put on assessments, but was financed in its entirety by Mr. Marvin
George as part of the project. The initial feasibility report was pre-
pared on the basis of allocating anseasmentai however, the final agree-
ment, which was signed by Marvin George and the City of Monticello,
indicated that Marvin George would pay the entire coat. However, in all
fairness, although this item wan omitted from the contract, it was not
discussed and there is probably justification on the part of the City to
consider the crodit.
ly
I have discussed this matter with Gary Pringle, our City Attorney, and
while he fools there is justification on the behalf of Marvin Goorgo's
request, he indicates that the City is probably under no direct lagsl
obligation to pay this amount) however, he indicated that if the, matter
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COUNCIL AGENDA - 1/14/80
were to go to court, the ruling could possibly result in the favor of
Mr. George. For your information, the City's policy is normally to assess
only 50% of the replacement cost if a road is already existing. However,
in the case of this project, there were no assessments. As a result, I
would recommend that the City of Monticello pay the request of Mr. Marvin
George, although we possibly may not have any legal obligation to do so,
I believe we do have a moral obligation since it is consistent with our
policy.
POSSIBLE ACTION: Consideration of granting Marvin George credit of $2,167.32
for existing road.
r
REFERENCES: December 21, 1979 letter along with attachment from Marvin
George. T1v
Consideration of Extension on Variance to Allow the Use of a Mobile V ��
Home as a Sales Office in a B-3 Zone - Scott Potato Company.
Purpose of this item is to consider a request by Mr. Robert Pederson,with
Scott's Inc., to have a variance request extension until Spring of 1980 for
the mobile home that he is using as a potato brokerage office adjacent to
Monticello Ford.
At a May 14, 1979 meeting, the City Council approved of a variance to allow
the mobile home to be situated at its present location until January 1,
1980. The reason a variance was necessary is that although the mobile
�„- home was initially grandfathered in, the mobile home was moved to a new
location, and as such, would have to comply with all the current regula-
tions of the City of Monticello. It should be pointed out that initially
Scotto Potato Company did request a year extension at the time of the
meeting, May 14, 1979. However, the City Council only granted a period
of up to January 1, 1980 to remove the Mobile Home. As a result, if the
variance request were approved, possibly a date of May 14, 1980 could be
used, that way it would be consistent with the initial request.
POSSIBLE ACTION, Consideration of extension of variance to have the mobile C
home within a B-3 zone.
REFERENCES: December 7, 1979 letter from Robert Pederson. V�
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COUNCIL AGENDA - 1/14/80
8. Consideration of Appointment of Committee Members and Various City Func-
tions and Duties.
Purpose of this item is to appoint the necessary committee members and
assign the various city functions and duties for 1980.
Except in the case of the H.R.A., committee members are appointed
annually. In the case of the H.R.A., the term is regulated by state
statutes on a rotating five-year basis, and as a result, the term of
George DeMars is up at the end of 1979. Except for the Historical
Society, the attached list of committees have been thoroughly active
during the past year.
Except for the Business s Industrial Development Committee, which is
appointed by the Mayor with the Council's approval, all committee
appointments are made by the City Council on a majority vote.
Mr. Fred Topel has indicated that due to his travels, he is resigning
from the Planning Commission. Hopefully, the Planning Commission will
have a recommendation for Mr. Topel's replacement by Monday night's meeting.
It may be the easiest to go over the entire list of committees, duties
and functions, etc., and obtain a consensus and then call for a vote on
the entire lint as amended or revised, rather than call for a motion on
each individual committee, function, dutie, etc.
POSSIBLE ACTION: Consideration of appointment of City of Monticello's
IL committees, individual committee members, City official
functions and duties.
REFERENCES: Attached list of the committees and official functions and
duties.
9. Consideration of Acquisition of 2,000 Gallon Underground Fuel System.
Purpose of this item in to consider the acquisition of a 2,000 gallon
capacity underground fuel system for approximately $2,600 to $2,800.
Purpose of this underground fuel system to be at the City of Monticello's
maintenance building would be as follows:
A. Assuro supply.
B. Savings in coat of fuel.
C. Savings in labor.
According to a summary prepared by John Simola, our Public Works Director,
the overall savings in labor and fuel cost would he approximately $1,520 per
year, and the City's total cost would then be recovered in a period of
20 to 22 months.
POSSIBLE ACTION: Consideration of approval of acquisition of 2,000 gallon
fuel tank.
REFERENCES: John Simola's summary relative to the fuel tank.
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COUNCIL AGENDA - 1/14/80
10. Consideration of the Appointment of a Responsible Authority for the Purpose
of Meetinq the Requirements of the Minnesota Government Data Practices Act.
Purpose of this item is to consider the appointment of the City Administrator
as the Responsible Authority for the administration of the Minnesota Govern-
ment Data Practices Act.
The Responsible Authority is required, after appointment, to prepare a
public document containing procedures which the Responsible Authority will
use to administer the Minnesota Government Data Practices Act.
Purpose of the Act itself is to insure that public documents are available
for review by any individual. Unless the City can find a Federal Law or
State Statute classifying a particular piece of information, it is public
and must be released to the public.
Enclosed, please find a memorandum from the League of Minnesota Cities
relative to the Minnesota Government Data Practices Act and also a resolution
to appoint the City Administrator as the Responsible Authority.
POSSIBLE ACTION: Consideration of adoption of resolution to appoint Gary
Wieber as Responsible Authority for the purpose of
meeting all requirements of the Minnesota Government
Data Practices Act.
REFERENCES: Enclosed memo dated December of 1979 from the League o £ Cities
relative to the Minnesota Government Data Practices Act.
Copy of Resolution.
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=�'asiroiJalntar�Wl14-4 s,eea:S7011""NI;;
11. Actions Necessary as a Result of the State Auditor'n Report for the
Five -Years Ended December 31, 1978.
Purpose of this item is to have Council action on the items that require
Council approval as a result of the State Auditor's Rupert for the Five -
Years ended December 31, 1978.
Previously, you have received a copy of the report itself, and also a
copy of my letter to Arne Carlson with regard to the report. Additionally,
enclosed is a memorandum relative to my review of the State: Auditor's
report for the 5 -years ended December 31, 1978.
From this report, it would appear that the following items require
Council action:
A. Adoption of an ordinance combining the offices of Clerk and Treasurer.
(A copy of a proposed ordinance is enclosed)
B. Ordinance creating the office of AdministraLor (copy of proposed
ordinance is enclosed) -
C. Appointment of myself as Clerk -Treasurer -City Administrator. This
does not require an ordinance.
D. Transfer of $123,426.40 from the Capital Outlay Revolving Fund to
the Sewer Fund. As you recall, these Items have previously I it
set aside for the City's share of updating its present Wastewater
Treatment Plant. Thin was previously outlined in a memorandum 1
sent to the Council in regard to our 1980 budget.
L. Official Council action to clarify the fact that the compensation
for payor and Councilmen was on a per -meeting bacia as opposed to
a per -meeting -attended hasis during the years 1974 through 1978.
All other items requiring remedial action have been taken care of and
are also noted On the memorandum relative to the report iLcelf.
For your information, our City Attorney, Gary Pringle, has reviewed Lhe
entire audit report, along with the memorandtua I have enclosed with this
agenda and also a copy of the letter t0 Arne Cailoon. Furthu more, I
indicated to him what action I feat was necessary of the Council. lh
has reviewed these Items and concurred wit.h thr action neceunaty.
POSSIBLE ACTION: Consideration of Council action on items A thru E
aY ova .
REFERENCES: Audit report for the 5 -year period ceded Dccemlr,r 31, 1')7n,
letter to Arne Carlson, and memorandum on the State
Auditor's report.
45
IL
COUNCIL AGENDA - 1/14/80
12. Quarterly Meeting of Department Heads.
The following department heads will be in attendance at Monday night's
meeting for the first quarterly meeting of 1980:
Representative of Wright County sheriff's Department
Karen Hanson - Senior Citizens Director
Paul Klein - Fire Chief
Loren Klein - Building Inspector s Civil Defense Director
Gary Wieber - City Administrator
Mr. Mike Melstad, with the YMCA Detached Worker Program, will also be
in attendance at the quarterly meetings. MS
At
f}a�
{� r°
- 12 -
BLOCHEROutdoor Advertising Company, Inc.
January 7, 1980
Fir. Loren Klein
City of Monticello
Dox 777
140111iCC110, MW 55362
Dear vlonibers of the Monticello City Council:
As of November 1979, Blocher outdoor Advertising purchased the assets of the Gree•
Sign Coalpany of Minneapolis. Blocher Outlour Adm-Li;ing i; iUCatUd in St. 1.louU
and has various outdoor advertising locations on tile Interstate.
In mid-Deceniber 1979, Blocher Outdoor Advertisiny changed Lire face of one particular
sign, just East of the Exit of Hwy 25 un 1-94. The copy at that time was Stella's
Cafe and Wright County Bank. The location of the site is on the Krienke Property
which was fonnerly the Lauring Property.
In visiting with the Brede Sign Company, I found that the SiynS were ercctLJ in
1965 with City CounCil Approval. Two signs were creCLed on tiro Krienke ProperLy.
One was for tine City of tionticello, which was done gratis to show yo0d fdith to
the City of t•lonticello. The size granted at that Lime wJ> a 10' x 40'. Just Last
of this location (500') another sign was erected, rur.ely the Ilupkin'S House
on one face and SLelld'S Cafe and Wright County Bink un the other. 1110 dimensions
granted at that time were 12' x 25' for Stella's CJfe and 12' x 25' fur l:right
County Bank ... Of- d total of 12' x 50'.
ulocher OULdnor Advertising replaced the Stelld's Cafe and Wright County Gdnf signs,
of wilici, the contracts had terminated, with a Kroski Odtsvn sign of file same
dimension as was pennitled in 1965. The Ilopl:in's ilnuse facing remain, Cue surae.
All the locations mentioned are what 1 refer to as the :urirt Side of the road,
just Cast of the Jct of Hwy 25 and 1-94. On the South side of the road, we hav0
w•hdt is knu:vn as the Hoglund Bus CUalpany Property. Blocher alsu purchaseu the assets
of ;. sign r,hich is approximately 1000' from the EaiL of ii.:; 25. !;-is presanLl, lt;.s
Ute Curtis Hotel message on it (e/f). the penuit was W kon out for a 12' x 40'
Sign. it is bdeked up by Vance's Standard, wnieil is hasieally ole sdnie Jinlensiun.
on the opposite facing we have the GUQSL Hl1USe I•IUtel, hbiCh is Lhc WeSL facing and
on Ure back side of tnis (fonnerly the Silver rm Inn), the Copy Inas been recently
changed to the Sunwood Inn. The dimension of this pdt•L1CU1d1- I)Jrlel is 12' 1. 45',
which is the same as was Lat:,ijn out in 1965.
In all instances, Brede Sign Crnupdny hod approval Lu 0rocL the, si,n1;. A]1 0-1.
M UL110r Outdoor has done is Changed the faces. lie, of Course, aro a,bjeCL to any
sign regulations that exist now and that arc Conlir,y up, rcyardiml Lilt- cull LroversidI
u:wrtizotiun clause, in August 1980.
In any Case, I f,:IL it wJS im1101•tant to hrin.t you up LU dlte a, to Lile urner,l rp CM)lutc
from Brede Sign Company to BIOCher Outdoor Advertitin,l arld Lir ylvr1 Voll 5Un1e of Lite
history as to the er•ecLion Jf these signs.
?625 Clearwater Rotd/ Box 865/ St. Cilolld, tvinlnl;501,1 56301 i f l2 • r� l- i0n0
CC
Mr. Loren Klein
Page 2
(� 1/1/80
1 would, with your permission, like to appear before the City Council the evening
of January 14, 1980 and answer any questions that you may have regarding these
particular locations.
Thank you for your just consideration of this matter and I'm looking forward
to visiting with you the evening of the 14t1i.
Sincerely yours,
Uel Blocher
President
013:df
11
`1
C
There are thirteen (13) "billboards" within the City of Monticello.
one is located at the west end of the Pinewood property and
says "Welcome to Monticello," being sponsored by the Chamber,
Rod 6 Gun Club, VFW, Rotary, Jaycees and American Legion.
Two of the signs are on the "Lauring" property, one advertising
the "50 downtown shops," and the other a coratercial location.
There are two signs in the Thomas Industrial Park and four in th.,
Country Club Manor, and four on the annexed "Boyle Property."
only four of the thirteen signs mentioned here advertise business
in the City of Monticello, the balance being in other communities.
LOREN KLEIN
1/14/80
(:::-(Z-
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, December 18, 1979 - 7:30 P.M.
MUMBERS PRESENT: Dick Martie, Ed Schaffer, Fred Topel, Loren Y.loin (ex -officio)
MEMBERS ABSENT: Jim Ridgeway, nave Bauer.
1. Consideration of Approval of Minutes.
U:otion was made by Ed Schaffer, seconded by Dick Martie, and unanimously
carried to approve the minutes of the November 20, 1979 meeting.
2. Public Rearinq on the Consideration of a Rezoninq Request from R-1 to
R-2 by Bradley Larson. -
Mr. Brad Larson has requested that the property presently owned by the
First Baptist Church on West County Road 75 he rezoned from R-1 to
R-2. This site is approximately 2.75 acres.
According to Mr. Larson, the intent would he to allow for the construc-
tion of five 4 -unit condominiums. Additionally, the present church
building would be converted to a duplex. Initially, thr_ First Baptist
Church, at the time of the construction of the Church, had indicated
that this would eventually be used as a parsonage if the First Baptist
Church had expanded in this area. Mr. Larson explained that the First
Baptist Church has now entered into a purchase agreemont to buy another
piece of property currently owned by the Assembly of God Church in
Monticello.
Mr. Larson further explained that the condominiums would he owner -occupied,
and would be alternative housing for people who want to eliminato the
care and maintenance of yards. According to Mr. Larson, there would he
unly one curb -cut from County Road 75.
At this point, the meeting was opened for the public hearing portion
and Mr. Steve Johnson, a property owner within approximately 350' on
Sandy Lann, made the following comments,
A. Mr. Steve Johnson had initlated a petition (copy of which is attached
to these minutes). This petition indicated opposition to the rezoning
from R-1 to R-3. Upon a question from the Planning Commission
explaining that Mr. Larson had now changed his rezoning request to 14-2,
Mr. Steva Johnson explained that in his opinion, Its felt that the
petition would still he in opposition to the request.
D. Felt area was incompatible with the surrounding uses and with the ovor-
all comprehensive plan.
C. Felt problems would be incurrod with congestion and that the number of
units propoeod by Mr. Larson could result in additional density of
100 to 120 people in the area, tar. Johnson felt it was coo donne it
population for an R-1 zone.
MINUTES - PLANNING CONL+1. 12/18/79
D. Traffic and congestion problems would be created on County Road 75
and Sandy Lane. Mr. Johnson explained there is already a problem
with congestion and traffic on Sandy Lane.
E. Mr. Johnson explained that he felt that the City did need condomin-
iums, but felt that other areas within the City that were zoned
properly, that is R-2 or R-3, should be proper sites for such a
complex.
Mr. Larson, in response to the concerns expressed by Mr. Johnson, indicated
that he had reviewed other available R-2 6 R-3 properties, and in fact, at one
point, a particular lending agency had indicated that one of the R-3
sites he was looking at lended itself more to commercial usage as opposed
to condominiums. According to Mr. Larson, this site was in the Lauring
Hillside Addition. Mr. Larson also indicated that he felt the present
site is ideal, since it was buffered by the railroad tracks to the south,
commercial property to the west, a school to the cast, and County Road 75
to the north, along with pine trees which served as a barrier hetween the,
project and the single family residential areas along Sandy Lanc.
Mr. Denton Erickson, another property owner on Sandy Lane, indicated he
was concerned about the one entrance onto County Road 75 and the
congestion this would cause. Mr. Erickson did indicate he realized the
Bite was an isolated parcel, but he wan very concerned about the traffic
and the congestion, especially in light of the fact that the school
property by itself generates quite a bit of traffic.
Mr. Hill' Swan, also a property owner along Sandy Lane, indicated that ho
was concerned with the devaluation that the rezoning of Mr. Larsons
pareol to R-2 may cause. tie initially bought his property on Sandy
:.ano with the idea that the surrounding area would continue to be R-1
or single family residential.
COnBenBus of the Planning Commicalon was that the congestion caused
by this project would be minimal in light of the present congeation
Caused by such developments further west - mainly, Anders -Wilhelm
Estates, Hillcrest Addition, Ralhoul i:states, and Northern States
Power Plant. Generally, it wan felt that it was an ideal situntion
to hAve congestion flow to a major thoroughfare, ouch as County Road 75,
rather than to havo it flow onto a residential street. Additionally,
it was felt that the Brun was somewhat isolated and was well huffered
as indicated by Mr. [Arson. Additionally, it wan felt that [hero could
he an much or more concern about t.ho congestion caused by the First
Raptfut Church if it decided to expand on its present site, as opposu,l
to Nr. Laraon'o project. Motion was made by Ed Sehaffur, nuconderl
by Dick Martic and unanimously carried to recommend to the Council
Ont the parcel in question he rezoned from 11-1 to R-2.
Motion was made by Dick Martie, seconded by Ed Schaffer and unanimously
carried to Adjourn the mcotinq.
' .7 i // / .. ..
Gary Wiebor, City Administrator
GW/na
ATTACH.
An residontu of Sandy Lane we aro firmly opposed to changing; the zoning
of the so-called "Baptist Church Property" from the established R-1 to
decision to oppose this rezoning proposal is based on the followinG rea::ons:
1) We purchased our property with the assurance that we w'ero helping to
establish a greying single family rouidential neighborhood in which
any further construction would conform to the city's orvlorly plan which
dosignates the area in question an R-1. Any mcdiu= or hiph-density
dwellings would change the integrity of our young neighborhood and also
affect our property values adversely.
2) Even though County Road 75 is conaidered a thoroughfani, the townhouses
would create traffic conflicts with the established traffic patterns
of our entire neighborhood. Our neighborhood does not need more traffic.
Modium or high-density dwellings within such a clean proximity would
definitely cause an increase in traffic. This would roault in a Create, -
hazard for the numerous young chl1dron.
Our purpose in not to question the need for tow:uouuae or condoniniusr. in
Monticello. We feel however, that since the city of honticullo wan zored into
re;,ionn for specific purponou by iawwledgeablo city plannoru, we la
property ovnoru and tax payers, be able to dopund on this continuity. We wnlcoLe
now oinplo family dwellings into this neighborhood. Since thorn fa'lani r,nilnbl.o
In ether areas of the city that in currently douignnted R-3, we feel titvre .c nu
dcmonstrated need for thin property to be chu:avd from siuglo family rx':lfr�t.
We would like to thnnk the planning eom=iuuion for givi:y" us, n,
who will be moot directly affuctud by any decision cadu co::curnir.,; this , "L,t rt;;,
lthe opportunity to voice our concern. y� J
'j AL4
,� atI G . C.=���.-raj',., i��' L t c. �.•r �. � t•i � � ,.,� —
C'
PRELIMINARY RESOLUTION APPROVING
INDUSTRIAL REVENUE BONDS
FOR CLOW STAMPING CO.
WHEREAS, the 1967 session of the Minnesota Legislature enacted Chapter
474 Minnesota Statutes entitled the Municipal Industrial Development Act; and
WHEREAS, the purpose of this Act is the promotion, attraction, encourage-
ment and development of economically sound industry and rnmmrrce; and
WHEREAS, the further purpose of the Act is to improve the use of marginal
and undeveloped lands and increase job opportunities; and
WHEREAS, said Act grants to municipalities the authority to issue revenue
bonds and to finance the cost of construction, engineering and other
incidental expenses connected with the development of industrial property; and
WHEREAS, such industrial bonds do not involve pledging the full faith
and credit of the municipality; and
WHEREAS, Clow Stamping Company has made a proposal to the City of
Monticello to issue Industrial Revenue Bonds on their behalf in an amount
not to exceed $1,000,000; and
WHEREAS, the 1979 session of the Minnesota Legislature, Chapter 306
1979 Session Laws, requires a municipality to hold a public hearing on such
d propoeall and
WHEREAS, a public hearing was hold at 7:30 P.M. on January 14, 1980 at
the Monticello City Hall, Monticello, Minnesota; and
WHEREAS, the results of the aforementioned hearing show the proposed
project fully meets the public purpose requirements of Minnesota Statutes,
Chapter 474;
NOW TIIERFFORE, BE IT RESOLVED by the City Council of Monticello, Minnesota
to proceed with the project and apply to the Commissioner of Securities,
Minnesota Department of Commerce, Securities Division, for approval of
the project.
ADOPTED BY THE CITY COUNCIL OF MONTICELLO. MINNESOTA, THIS 14TH DAY OF
JANUARY, 1900, ON A MOTION BY , SECONDED BY
VOTING IN FAVOR;
OPPOSBII;
Gary Wiebor, City Administrator
A
RESOLUTION ORUERING PREPARATION OF
FEASIBILITY REPORT ON IMPROVEMENT
WHEREAS, It is proposed to improve Broadway Street (£. County Road 175)
with sanitary sewer from a point approximately six hundred fifty feet (650')
west of the intersection of Broadway Street and Riverview Drive (E. County
Road 139) to the intersection of Broadway Street and Riverview Drive, and to
improve Riverview Drive with sanitary sewer and water from the intersection
of Riverview Drive and Broadway Street to the intersection of Riverview
Drive and Mississippi Drive, and to improve Hart Boulevard with water
from a point approximately one hundred seventy feet (170') west of the inter-
section of Hart Boulevard and Broadway Street to the intersection of
Broadway Street and Hart Boulevard, and to improve Broadway Street with
water from the intersection of Broadway Street and Hart Boulevard to the
intersection of Broadway Street and Riverview Drive and to assess the bene-
fitted property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 4291
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICF.LLD, MINNESOTA,
that the proposed improvement be referred to John Badalich for study and that
he is instructed to report to the Council with all convenient speed advising
the Council in a preliminary way as to whether the proposed improvement is
feasible and as to whether it should best be made as proposed or in connec-
tion with some other improvement, and the estimated cost of the improvement
as recommended.
/1'%a /..,,, ,dw 'V4�!.
Voting in favor: 41-L /
Opposed: A'rO'vE
Resolution Adopted this 14th day
of January, 1980
Gary Wieber, City Administrator
3
MEMORANDUM
TO: Mayor S City Council
FROM: John Simola, Public Works Dir.
DATE: November 23, 1979
SUBJECT: Possible item Under Citizens Comments
Recently, a problem with the sewer service line depth at Lot 24 in Ritze
Manor has come to our attention. Upon making the sewer connection, the contrac-
tor found the existing line approximately two to three feet below the
ground water table. The contractor struggled with his limited equipment
and was not able to make the connection until he dewatered the trench
with points.
This service comes off West River Street from Project 7STS-1. At that
time, specifications called for main risers when the service 1s 12' deep
or more at the street, and that the service pipe be no less than 9' deep
at the property line. Any other depths shall be act by the engineer.
The as builts show the service to be 9' deep as specified. This area
may have been filled slightly, as the contractor found the service at
11' at the top of the ditch bank.
At the time of construction, borings indicated ground water depths from
S to 115 feet beneath the surface. In other words, oome services at a
da
pth of 9' would be under the ground water and snme would not. In
1974 a 1975, ground water was lower than now. It in difficult to say
what transpired during the actual construction on each service, as
dewatering pumps were running.
At that time (74-75) the basement elevations of those future homes were
unknown, and it would, therefore, seem logical to leave the norvicen at
a minimum of 9' deep so that a wider variety of basement elevations could
be used.
Later, in 1976 a 1977, olevations veru determined, and those services
put in Craig Lane and Matthew Circle were installed at the corrospondinq
depth, and the actual elevations and depth are recorded.
Council Minutes - 1/23/79
Motion was made by Dan Blonigen, seconded by Fran Fair and unanimously
carried to approve a setback distance of 25' for Lot 7, Block 1,
Riverside Addition.
3. Public Hearing on Consideration of Variance Request and Conditional Use
Permit for Holiday Stationstores, Inc.
lioliday Stationstores, Inc. requested a conditional use petnit to build
a combination gasoline station and convenience store on the easterly half
of Lot 2 and all of Lots 3 s 4, and part of Lot 5, Block 5 in Monticello.
Since the area in question was zoned B-3, a conditional use permit was
necessary for approval of this request. In addition to a conditional
use permit, the Holiday Stationstores requested four variances, as follows:
A. . variance to allow two 30' driveway openings on Seventh Street, instead
of the 24' openings allowed by City ordinances.
B. A variance request to have the openings 25' from the property line on
the cast rather than the required 40' per ordinances.
C. A variance request to allow the gasoline pumps to be located 19' from
the fron4yard property tine, rather than the 30' as required. Also
requested was a variance to allow the pylon signs to be, SPL Nick only
15' from Soventh Street and POS' from Highway 25, rather than the 30'
from both (1110CtiOn4, as required by th„ crdinance.
U. A variance request to provide only 12 oft -street parking spae,,s rather
than Lhc 10 tequired by the ordinanc,:s.
At thvir lar.t m,!vl. ing the Planning CommiSsinu reVieWed loth the condi-
tionnl use permit and the variane,-s and recommend,rd that the Condit i0nnl
use permit he granted and also that the vnrianceS he approved except that
tho driveway openings be required to he •10' from llighway 25 rather than
the requested 25', and that tho Pylon sign I -e located 25i' from Highway 25
rather than the requested POS' now that the driveway opening would he 40'.
notion was made, by Phil White, seconded by Dan Blonig,:n and unanimouul•;
carried to approve the conditional use raquest for the Holiday Gas
Station/Convenience Store and to approve Ute following varionceu recummendud
by the 1,lanning Commission:
A. Two 30' Driveway openings rather than 24' openings.
B. Dunied requuet for 25' opening from llighway 25, must be 40' .
C. Varidnca to allow the gauoltne pumps to la: nut. Back 19' from Seventh
SLI'Cet rather than 30'. AluO, Lo allow tho pylon sign to he located
19' lack from Soventh Street, but 2W Crum Highway 25. rather than the
30' sotl-acke.
1). Vdriduae LQ allow 12 spaces for uft-su'r,•t parking rath,•r than Ib all
provided in the ordinance.
S
®® v°age WordWde
�— GEN OFtIC� Baht STREET I MAIL ADDRESS PO a0% 1224 MINNEAPOLIS, MINN 55440 PHONE b12 030 8700
CREDIT of 5501 W. ORD SHANOPEF RD I MAIL ADDh LSS PO ROA 1216 MINN[ AP011S. MINN VA 10 PHON1 (12-887OAK)
January 3, 1980
Loren Kline
Building Official
city Hall
Monticello, MN 55362
Dear Loren:
As youare aware, both our building permit and our conditional
use permit expire 02-17-80. We were prevented from building last
year for lack of a Federal Gasoline Allocation. We have now received
said allocation and anticipate construction of the Monticello Holiday
Stationstore this Spring.
Please present these requested extensions at the City Council
Meeting on January 14, 1980. 1 shall be there at the meeting.
Very truly yours,
JAJ/smy
cc: Brad Steinman
11
HOLIDAY STATIONSTORES, INC.
`/
Jerot�c A. Jenacn
Real Estate Dept.
S
phu,tcs RVIN .v r dJtJe
n.-, ion --'; �-,1__� month uJ
389-J^01 �= ---`'-'-''.''� I to C`
,ifinneapol is FORGE 'If ,nn. $,3/I
l? -335-3304
UILDERS, INC.
"EAST CENTRAL AVNNESOiA'S LARGESr BUILDER"
December 21, 1979
Arvie Crimsmo, Mayor
Monticello City Council
250 East Broadway
Monticello, MH 55362
Re: Balboul Estates, City of Monticello
To the Honorable Mayor and City Council:
On September It, 1978, 1 attended the City of MontiCC110 Council
meeting and we went over the Feasibility Repua-t and Estimate of Cast
for Public Improvement, Balboul Estates, City of Muaticellu, dated
September 11, 1978.
Per the discussion at this meeting and also page tour (4) at said
Feasibility Report (of which a copy is unclused), it. was accept-! that
"Prairie kood is all existing rural type street. For this 1'e:ISO11 only
t 507. of the replacement cost will be assessed. Thu project co:;L is as
(�o fol lows:
Prairie Road Construction Cost $7100.
IndirCct Cost 1420.
Project Cost $8520."
Tho ACLusl costs arc as follow:::
$3704.81 x .17% Indirect Cost + $3704,81 - 54334.63
City of Flaaticelio's 5014 Share $2167.32
1 feet this money should be ru Un'netl to us iu thr form of unusen
purtiun of said deposit made for this project. This was omitted from
the contract with the City of Mantieallo and myself as CuntrnetOV.
Thank you.
Respectfully Submitted,
MARVIN CEORCF. 81111,O172S, INC.
Marvin George
President
C MC:mc
lin . It 1
. IP* -
-4- 6
The oversizing costs are assessed over the entire benefiLLud
area even if service is not immediately available.
The esti-
mated costs associated with oversizing are as
follows:
Oversizing Sanitary Sewer Construction Cost
$ 800
Oversizing Watermain Construction Cost
1,500
Oversizing Construction Cost
$ 2,300
Indirect Cost
460
Oversizing Project Cost
$ 2,760
Approximately 110 acres of "Net Platted Area"
is benefitted by
the oversizing. This was determined by taking
759 of the gross
area as per the assessment policy.
The estimated assessment for trunk sanitary sewer
and watermain
is therefore:
$ 2 760 525.09/Acre
ITO Cres
Prairie Road is an existing rural type street.
For this reason I
only 509 of the replacement cost will be assessed.
The project
cost is as follows:
Prairie Road Construction Cost
J
S 7,100 I
Indirect Cost
1,420
Project Cost
$ 8,520 -
T:.c assessable footage including 750 feet on Lhe
north side of
Prairie Road is 1350 feet.
The estimated asnessmenL is therefore:
$ 8,520 x 0.50 = r 3.76/fo0e
1,350 feat
-4- 6
SCOTT'S Inco
P.O. Box 728 / Grand Forks, NO58201/ Phone (701) 775.2577
Mr. Loren Klein December 7, 1979
250 E. Broadway
Monticello, Mn. 55762
Dear Sir:
In 1972 we opened our Truck Brokerage office in Wright County
on the south edge of Monticello. At that time we had a Mobile Office
hullt to o.:rvlec wur needs, auJ that also COaplie.1 With L„o county
regulations.
The location we have been using to operate from, is now within
the jurisdiction of the city of Monticello, and our Mobile Office
does not comply with city regulations.
Because we provide a necessary service for the farmers in the
immediate Monticello area during the time of Harvest, we feel that
being located in Wright County, as close to the city of Monticello
as pussible, would be the best location for all concerned.
f
`► We are presently negotiating on several locations that would fit
our needs. Hopefuly we will be closing our negotiating In the near
future. But as you know, there are many obstacles in our path, City,
Township, County, and State.
1.
We are asking your permission to leave our office in storage in
it's present location, until spring of 1980. We will hnve a new
location before then. It will be much easier to move our office
when the snow, is gone, and the frost is out of the ground. I have
some power poles, and cable that also have to be removed.
I hope that you will look favorably on our request for additional
storage time for our office.
Sinct-rely rs,
obert J. Pederson
Your Truck Broker Since 1951 " 7
4
D
CITY OF MONTICELLO C0141-11SSIONS
FUNCTIONS AIM DUTIES
PLANNING COMMISSION
Jim Ridgeway �
Dr. C. D. Bauer
Ed Schaffer
Dick Martie
Loren Klein (ex -officio)
BUSINESS 6 INDUSTRIAL DEV. COMM.
Lowell Schrupp
Lloyd Lund
John Poirier
Marn Flicker
HOUSING 6 REDEVELOPMENT AUTIIORITY
Leo Nelson (Chairman) (1-1-83)
vic Vokaty (1-1-81)
Robert Doty (1-1-82)
George DeMars (1-1-813)
Ken TVedL (1-1-84) W
o
IIISTORICAL SOCIETY
Jim Herbst �k+'
ivxVt MV6414 fy% P
Gary Pringle
John Mitchell
Isabel 11olker
SENIOR CITIZEN CSNTF.R BOARD
Leo Nelson - President
'O Harry SLokea - Treasurer
`NV Marie Paterson - Secretary
�\ Sheldon Johnson
Lloyd Lund
\!� Harry Schaffer
Frank Thompson
air}�nrwrarD?
Marie Bruning
Caroline Ellison
Nugh McKinnon
OFFICIAL 17EWSPAPER
Monticollo Times
CITY COUNCIL - 1/14/80
M
}MSL
L„6✓
JOINT RECREATION BOARD ("'Al
City - Ron Peters, VV14tbh&s
Schogl - Russ Nar`t e, Gordon Link
.`J . -!t d r ;c•O
JOINT FIRE BOARD -
Fire Dept. - Lee Trunnell
City - Rick tiolfsteller
Township - Gahart Decker
BOARD OF APPEALS - Housinq G Buildinq Code
Council with Mayor as Chairperson
CO,�IMUNITY EDUCATION BOARD REPRESENTATIVE
qv/Aa�. ' k "u -N 1- W ►J
OR7£RLY ANNEXATION AREA REPRESENTATIVE
Arve Crimsmo
CIVIL OEFENSI. DIRECTOR
Loren Klein
ACTING MAYOR
Philip White
CITY ATTORNEY
Gnry Pringle
AUDITORS
Gruya, Johnson 6 Ansocintea
CONSULTING ENGINEER
Orr-Schelon-Mayoron s Associates
C013SULTING PLANNP.R
Howard Dahlgren L Associates
OFFICIAL DEPOSITORIES
Wright County State Bank
Security Federal
First Mnk of Minneapolis (recommended
addition)
Tolophom 2952711
1-1
11
City of Ir lonticello
250 East Broadway
MONTICELLO, MN 55362
MEMORANDUM
TO: City Council
FROM: Gary Wieber
DATE: January 14, 1980
SUBJECT: A enda Item 8 - Regardinq Replacement for
1'reu Topel on Planning Commission
As a result of Fred Topel's resignation from the Planning
Commission due to his extensive travels, the Planning
Commission met on Friday, January 11, 1980 to consider
recommendations for the Council to consider. Following
is a list of individuals the Planning Commission would like
to have the City Council consider:
John Bondhus
Joan Bondhus
Vince Mayer
Richard Quick
GW/ns
Wo[como to y/flonfice to . . . [i«[o mountain
M—. L— 3335739
As everyone knows, the supplies of fuel in this country are getting
Loth expensive and short. In Monticello, we have tried to cut fuel costs
by making more stops on any given trip and by shutting off engines when
they are not needed. We have also let fuel tanks in vehicles come closer
to empty before filling. All of those things nave both time and energy.
There is, however, an additional step that I feel must he taken and
that is to have our own supply of gasoline at the maintenance building.
During the trucker's strike in mid -1979, the City was hardpressed
to find fuel for normal city operations. Our trucks and operators spent
an appreciable amount of'time in gas lines. This was not only a time
problem, but the City, at any given time, could be faced without a supply
of fuel to carry out necessary operations. in order to have a first
priority allocation of fuel, we need a storage facility to receive
bulk deliveries.
T10e actual cost of a 2,000 gallon capacity underground fuel system
is estimated at $2,600 to $2,800. This would include n 10 -key individual
totalizod pump with an automatic nozzle. The current cost differential
between service station gas and hulk delivery is 5 - 6C. Based on a
10,000 gallon per year usage (City usage in 1978), this is :0 Savings
of approximately $550.00. It is estimated that somewhere_ hetwr_en Six
to Seven minutes per fill could be Saved by having a furl Supply at
maintenance building. Using an average fill of 12 gallons, thin would
mean 633 fills per year, or 97 manhoura per year. Total 1111,01- cost
for the City Is $10.00 per hour, so a savings of $970.00 per year would
be realized. Overall savings are estimated to lie $1,520 per year.
Therefore, the total cost of the system would be recovered in 205 to 22
montho.
This item was in the 1978 Budget at a coot of $2,000, but it has
not., as of yet, been purchased. I recommend that the. Council authorize
the installation of tile fuel system thio sprinq. A winter order would
allow for prompt delivery in the spring and a toducod price. I feel this
In important enough that we could delay the purchase of t.ho used tailgato
Qpaver until 1981 or 1982 and use that allocated budget amount to rover tlio
coot of the fuel system.
John Simola
Public Works Diroct.or
1/14/80
M
league of minnesota cities
IIII IIIDIII
�Ul
for MLJnicipal officials
475A
December, 1979
COMPLYING WITH THE MINNESOTA GOVERNMENT DATA PRACTICES ACT
Contents
Paµ
Summary of City's Responsibilities ...........................I
I I Model Resolution Appointing a
Responsible Authority and Assigning Dmio....................2
III Model Public Document Containing Proceeluns
Adopted by Responsible Authority to Administer
theAct................................................4
Appendix
QText of Minnesota Governmeni Data Practices Act
PART
SUMMARY OF CITYS RESPONSIBILITIES
Every city in Minnesota is required under the
provisions of Minnesota Statutes, Sections 15.1611
to 15.1698 to do several things to comply with
the Minnesota Government Data Practices Act.
Jte firu�thitrg,every-city-muu.du-tftto-appiomit
RespomijbieAuthorityarid_as�igl�tfiat-person t
rdutiei o admsri(srratloo.of_thiS�. • Pan II of this
memorandum contains a resolution appointing a
Responsible Authority and assigning duties to
that person. Notes concerning thevarious portions
of that resolution are inserted within the text of
the resolution and should be deleted when the
resolution is retyped for adoption by the city
council.
"Z �b!�'h -U�-� deg9 r't?�tcJ
appolntflfent.' IPRPRRXPOI �� 9�60r-
pinll g`p7GtZduNS-Wh1eh'the'RespoMiW.-Aujh,pr-
Jlt �tvltt fusr to,;atlminlsiei; -M Mfnnesota`rGove �n-
ment.Praetices'AeG,Part lIl :or.ih4 trtf?noreridum
,..
�cohtalns a;model'public"doatne`nt=wlilcltirtlie Res -r
ponsl6le Authority-sh Id_comldei_ddopting' It
s tf "oul� be pointed out here that because the legis-
lature has histurically amended the Minnesota
Government Data Practices Act every session, and
has made modifications in the types of records,
files, and processes classified by state law, this
public document will necessarily need to be re-
viewed and possibly amended after each legislative
session. The League will attempt to notify each
member city of the appropriate changes which
should be made in this public document.
statute and which generally applies to the c nes of
Minnesota is specifically listed in this pub.-( docu-
ment. This_mcans_that .unles-a-city can find ,P
federal law or state statute oiassifying-a particuik
piece of Inforrnation,)t ds.publie.and.must.beJW
Teased, to_the.publie..Cifies may request the Com-
missioner of Administration to temporarily class•-
fy data which the city feels should not be released
to the public. A model Application for Temporary
Classification for data on individuals and data
not on individuals is available from the t.eague of
Minnesota Cities.
Also enclosed as an Appendix to the informa-
tion contained in this memofandum is a current
copy of the Minnesota Government Data PhICKe,
Act. The model resolution appointing a Responsible
Authority and assigning duties, and the model
public document containing procedures adopted
by the Responsible Authority to adm nate. the
Minnesota Government Data Practices Act,ctosery
follow the provisions of this act. Th -s resolui on
and public document should not be changed m
any respect without consulting the coy anorncy
because of the potential liability to a c,ty to, re-
fusing to release information which is pubec and.
on the other hand, releasrrtg inlormat•un which
lawfully is classified private or conf dental or
non-public.
The Responsible Authority must become
familiar wtth the contents of the Minnesnia Govern-
ment Data Practices Act. The city council should
be, made expressly -aware of the penait.es and
As will be noted in this public document, very C-llabllltics-roi- rZldre lo" property administer the
few types of government data are classified by L::iet_Thefe`perialitles ind liabilities aro'found in the
state statute. All data which is classified by a state Act In M.S.' 15.166 and 15.167., 1- - --
J
d
I'Ak'I II
RESOLUTION APPOINTING A RLSPONSIIILL AUTHORITY AND ASSIGNING DLI ILS
WHEREAS, the Minnesota Government Data
Practices Act, fvlinncsolaSlattrlts,Settions 15.1611
to 15.1698 as amended, requires that this city
appoint one person as the Responsible Authority
to administer the tequirenlents for collecliun,
storage, use and dissemination of data on indivi-
duals, government data, and summary data,i0thin
this city and,
WHEREAS, the city council is concerned with
the Iesponsrble use of city data and wishes to
satisfy this concern bt immediately appointing an
adminrsnatively qualified Responsible Authority
as required under the Act and assigning duties
to that person;
NOW Tbl[kEFOkE, BE IT RESOLVED BY
THE CITY COUNCIL OF -.MINNESOTA:
I. The city council of , Minnesota,
appoints as the Responsible Authority
tut the puiposesof mcctingall requirementsof the
Minnesota Government Data Practices Act, Minne-
,ota Statutes, Section 15.1611 through 15.1698,
as amended. (Note: an individual must be ap-
pointed, tathcr than designating this duty to an
office. If a different person is appninied later as
alit Responsible Authority, this pwtion of the
•csotution must be amended to indicate the name
Ili the new Responsible Authority.)
2. file Responsible Authority may designate
a c,ly. employee nr employees to assist In the ad-
nunistlatiun and enfurcamrnl of the duties of the
Responsible Authority and to be in charge of in-
dividual tiles or systems containing government
data and to Iecerve and comply with requests lot
guvc-nnlcni data. If the Responsible Authority
appuvus a designee or designees, this appoint-
ment most be in writing, and the city council shall
Ile pro•.ided a copy of the appointment. If desig-
necs .tic appomied, the Responsible Authority
eddl ,nsbuct file des•gnce, al the rcquucnvc•nts
til atlnnnrstering and enforcing the Millticsola
Government Data Practices Act. (Note: this
ispernntled under M.S. 15.1621,Subd,2.)
3. The duties of the Responsvhle Authotny
and designees arc as Iullows:
tic. PhutographIc, photostatic, mrcrophotogra-
ph e, o• nuotolilmed Icenlds shalt be eonsldeted
as accessible for convenient use regardless of
the site of these Iccurds.
b. The Responsible Authouty shall es.
labfish proecdu•c, to Insure that •equesls Ito
govcrnnient data are ccctved and complied
%Illi in an appropriate and prompt manner.
C. The Responsible Authority ur designee
shall, upon Icquest by any person, petnul that
person to inspect and copy government data
during the no,mal business hours of the city
and at places provided by the Responsible
Authouty, and if the person requests, that per.
son shall be informed of file data's meaning.
The Responsible Authotny or designee shall
plov,de topics of government data upon ie -
quest. ,11lic-Responsible Authority or designee
,il)all,r4equirre fhe.regTesting person, to pay the,
factual;cost of mak(ng; certifying and compiling
LthC_CoD)Of•��f Ilic--Rcspnnstblc Authority of
designer :s not able to pruvide copies at the
time a request is made, the Responsible Auth-
outy or dcs.gnee shall supply copies as soon as
,casonably poss,ble. If the Responsible Auth•
ot,iy or designee detcrm-nes that the icquesied
govenunent data is tlassorrd so as to deny file
requesting person access, the Responsible Auth-
otny or dt: tgncc shall so nniortn file Icqucsting
person n•,uly at III(- nnve of the tequcsl, and nv
waling as soon Ihacaflcr as pus,Iblc, and shell
c'fe file statute, Icmpolary classilIcatloll, or
federal law upun which the detenronatiun Is
made.
d the Responsible Authored shall pec•
pa•e a public dutlrint'llI umtanlrng his name.
title and address, and a de,c-tpuon of cacti type
of ecoid, tile, or p,occss tclafulg to pl,vate or
cooklenlia, data on ndnulual, Iclartned b,,.
the city forms used to collect prn.lte and
tunlidenital data shall be ultluded m Ihts dncu-
nveni. the Responsible Authouty shall update
file public document annoalll and make any
changes ncr.c„aIy lu nlamt,nn file atun.Icy of
the duroolvinl
c. the Responsible Ao111W-1l .hall r,1ab•
a. The Responsible Amhonty shall keep IISII ptucrdclrc, to d%SUIC Ilial all data )it uldr.
.t•crnd, tuntaining gov_cnlncnl data to such an salu.ds Is accu'ate, ulmpletc, and cuucnl I",
arrangement and condition as uv make Them the pu-pusc, fur wh•ch ,1 was cul ecled; and
easily accessible lot comcnrent use by the pub• c,Iabheh apprupr"ale secu•-ly sdtcgu.nds fur
.dl Iccu,d, vin wining data un uuhvldudls
III
f. The Responsible Authority or des-ignee
shall prepare summary data I, on) pr,vate o, con-
fidential data on individuals upon the request
of any person, provided that the request is in
writing and the cost of p,cparsng the summary
data is borne by the requesting person. The Res-
ponsible Authority may delegate the power to
prepare summary data to the administrative
officer responsible for any central repository of
summary data; or to a person outside of the
city if the person, in writing, sets forth his
purpose and agrees not to disclose, and the
Responsible Authority reasonably determines
that the access will not compromise private or
confidential data on ind viduals.
g. The Responsible Authority shall pre.
pare a public document setting forth the rights
of the data subject pursuant to the Minnesota
Government Data Practices Act and thespecific
procedures in effect in the city for access by
the data subjects to public or private data on
individuals.
h. The Responsible Authority or designee
shall allow another Responsible Authority or
designee access to data ciassdjed as riot public
only when the access rs author red or required
by statute or federal law. The Responsible Auth•
ority or designee when supplying government
data under this provis,on may recluse the re.
questing Responsible Authorny to pay the ac.
tual cost of supplying the data.
i. The Responsible Authority shall, when
appropriate, apply to the Counnossioner of
Administration In, penm,ssiun to classify tens.
polarity data or types of data on individuals
as private or confidential, or data not nn in.
dividuals as non-pubbc, on a temporary basis
until a proposed ft.uute can he acted upon
by the Legislature.
I. Upon request to the Respons.ble
Authority, or designee, any .ndiv,dual most
be informed whether he ,s the subfecl of stored
data on individuals, and whethe, ,t is classified
as public, piisale or conLdent,al Upon further
.3.
icyuest, the individual who .s the subtvi-t ur
stored private data on individuals shall be shown
the data without any charge to trill and, o h,
desires, shalt be informed of the content arid
meaning of that data. The Responsrbrc Authu
rity or designee shall provide coli -es of the p-
vale data upon request by the mdiv,duat subject
of the data, and the cost of provid,ng copies
shall be borne by the individual, rhe Rcspons,-
ble Authority or designee shah tnnipry nnme-
diately, if possible, with any request made by
an individual under this paragraph, or w -thin int
days of the date of the request, excluding
Saturdays, Sundays and legal hol,days, .i •m•
mediate compliance is not possible It the Res-
ponsible Authority or designee cannot comply
with the request within that time, he shall so
inform the individual, and may have an addition-
al five days within which to comply with the
request, excluding Saturdays, Sunday and legal
holidays.
k. If an individual contests the accuracy
or completeness of public or private data con•
ceining himself, and notifies in wtning the
Responsible Authority describing the nature of
the disagreement, the Responsible Authority
shall within thirty days tither correct the data
found to be inaccurate or mrompicle and
attempt to notifv past recipients of inaccu,ate
or incomplete data, including reetpi;nis named
by the individual; or notify the indnufual that
the Responsible Authority belicres fit data to
tic correct. Data which is in depute shall be d,
cluwd only it the individual's slatcnrenl of 1,s-
agieetneni is included with the cbuiosad ct,oa
4. Ttos tcsoiution implementing the *vt,tmcvoja
Govcrnmenl Data Practices Act sha r 'uua It n
luxe and effect until mnditied ht the c•ts count
Adopted by the council of the Gty of
this -_ day of _, 19 _.
t;Icrk�
Mayor
IE
9
P]
PART III
PUBLIC DOCUMENT CONTAINING PROCEDURES ADOPTLD BY THE RLSPONSIBLL AUTIIURITY
TO ADMINISTER THE MINNESOTA GOVERNMLNT DATA PRACTICES ACT
I, , the Responsible Authority for the
City of , appointed under a resolution
adopted by the city council on the day
of _, 19 —, hereby establish the follow-
ing procedures for the administration of the
Minnesota Government Data Practices Act:
Collection of Data
A. Collection and storage of government data
and data on individuals by employees and agents
of the city shall be limited to that necessary for the
administration and ilia nagerlleltt of piograills specl-
fically authorized by the federal government,
legislature and this city.
B. Prisate or confidential data on an indisi-
dual shall not be collected, stored, used or dis-
seminated by this city for any purposes other than
those stated to the individual at the time of collec-
tion in accordance with the following paragraph
C, except as provided in Minnesota Statutes
15.163,Subd.4.
ZIC. All indniduals asked by any employee or
agent of this city to supply prisate or confidential
data concerning himself shall he informed ol:
(1) the purpose and intended use of the
requested data within the city;
(2) whether he may icluse or is legally
required to supply the requester) data;
(3) any known consequence arising from
his supplying or refusing to supply piisatc of
contrdemial clata; and
(4) the identity of other persons or entities
authonred by state or lederal law to receive the
data
Requests for Government Data
All requests for government data must be in
writing and signed by the requesting person. When
requesting prisaie or confidential data, the request.
Ing person most identify himself by presenting
A hlinnesota driver's license or another identifica-
f� lion card acceptable to the Responsible Authority
jj of my designee which contains a photograph of
the individual requesting the data. Requests Int
guvernmem data may be received by me or by the
appropriate designee in charge of the particular
files or systems contain.ng the government data
requested. Every attempt shall be made to comply
with the •equests in an appropriate and prompt
manner as specified by these procedures and by
the Minnesota Gosernmeni Data Practices Act.
Types
The types of reco,ds, files, and processes relating
to prrrure and cunfidinnal data on individuals re-
tained by this city and the citation to federal law
or statute authorizing this classification, arc the
fuilowing:
-4-
A. Personnel data (Minnesota Statutes 15.1692)
Personnel data means data on Individuals
collected because the individual is or was an
employee of or an applicant for employment
by this city.
I. Except lir employees described in para-
graph 5, the follolsing personnel data on
current and former employees of this city is
public:
Name;
Acl oar gross Salary ;
salary range;
Actual gross pension;
I Ile %alue and nature of enlployet-paid
benefits;
I he basis lot and the amount of any added
.eniuneratlun, including expense icim.
hurscment, al addition to salary;
lot) title:
Job description;
Edutaliun and tlain•ng background;
Previous woik espericnee:
Date of first and last employment;
I Ile xlaills of ally eomplaintsof charges
Against the emplu)ec whether (it not the
complaint of charge resulted In a dis.
c.pllnary action;
The final disposition of any disciplinary
action and supporting documenlation.
2. 1 -%ceps lir applicants described in para.
glaph 5, the tolluU iog pefsrlrlrlel data
on current and lolmer applicants for em-
pluymcnt by th;s cit) is pubhi :
/C/
Names of JppFi alit%, when ccitified, II the
city has a ci,•1 service system, or othe,wise
detefm ned to be el'g•ble fur appointment
to a vacancy;
Veterans' status;
Re-evant test scores;
Rank on eligible list;
fob hlstoly;
Education and ria;rang;
Work availabli'ty.
3. Personnel examinations and answer
keys arc eonfldenlial data, except pursuant
to a valid cou,i oder .
4. All other pcounnel data. inrluding bur
not limited io the following types, cale-
go.ies, files, and processes, Is prhute data
on -ndivlduals:
Data collected to, disciplinary ploeeed;ngs
prior to the hca,-ng;
Insurance status;
Medical records when part of personnel
data;
PSychulug.cal cvalual tins;
Socia, set it. nunibc•s;
Physical limitations;
Adult c,-in;nal li-slo-ydata;
Refe,cnccs;
Employ cc hunk addresses and telephone
nunlben;
Sick Iea%e lorrns contain ng doelor'v reports;
Ural ,plrn.ewrr file pnu+ to an applicant's
Will CAJIII;
E.A11 Illcivww Iespunus;
Racial and ethnic data;
MA' hal Slat us;
Reicienee check data ds II appeals on the
Clllllloyln Cllt Jppl'e.11'oll;
Op mon qucst-onna IC esponses by polen•
LLd englluyees;
College oanse•Ipis.ext pt to, nanlcof
•nstlly6011,deglec glanced and date;
Names of applicants fur employment until
ce,t.flc•d is v:g-ble to. appo!niment to
a %Jcancy
5 Ad pelsunncl data ma:ntalncd by this
city Ielatlng to in •nd,vrdual employed as
oI an appl cant to, rnlploynscnt as an under-
euve, law enforcement officer -I• prortne
data oil 'rid-+.dUdl%.
U. City attorney (WrinC+ola Statutes 15.1694)
Notwlth+tand,ng the pfovlslonsof flhnncwta
SIJIUIC+, SCrlinll IS 162 to 15.117, the use,
crinectrnn, sol,age, and d-4sem;nal-on of data
.
5•
by the city attorney acting aI WS ploICSSanlal
capacity for this city shall be governed by
statute,, ,ules and professnnlal standards con-
cerning discovery, ploduetiull of documtntS,
introduction of evidence, and professional
responsibility. Thelprotrrsions otgthc,;Mmnesota�
Government Data-Pracllcm Act do not ,apply -to
city_ attorneys. This provision shall not be con-
strued to affect the applicability of any statute,
,,the. than fvt,nnesuta Statutes. Sections 15.162
to 15.117, which spec flcally requucs u- pro-
hibits disclosure of specific •nfolmation by the
city attorney, not shall this provision be con-
strued to Icheve the Responsible Authority,
othcl than the city artoney, from his duties
and responsibilities pursuant to the Minnesota
Government Data Practices Act.
C. Law enforcement data (Minnesota Statutes
15.1695)
When collected, CICdted or ma1rrta11Ied by
the law enlo,eernenl agency of ih.s oty:
1. Data on padlelpants in crime pre.cnl.on
plugianu Including ISIS of p ope-ty u11h
identification IIUMhCA 01 c.alual,ons o
Iecommendations related to St-uuulal xrur
Ity agJntst unauthonred trill, — p•nun-
2. Data contained on incident compla nt
repulls, vanuusly Lalled logs of duekel,,
comprising a chronological Iccord tit ev-
cats, is public; however, that dal., un old,.
viduats which could ic.uunabty be used to
detenm,ne the identity of an midetcovel
agent. rllfolllldnt, or +,cline of o,iiwlal
sexual conduct Is pmute data on Int odua+;
piuvaled lu,thc, that any other dal„ cla„
Iced by law as private til t0llf IllCllflal LLIII-
tained ,n the Incident compla r,l cpwi,
shall remain luiraie u, runJldrnrmr dela
3. Inlonmattnn conccul ng p ucedu,es wh•ch
Iellecl deliberative p,messts o, ,nve,bga-
five techniques of law entu ccmvnt agtnue•
is currjulennal.
4. The piowcunng atto,nty of th,+ city
+hall IClcax mvc+Ugancc data collcucd by
the city'+ law cnlorccmcnt agenty to the
v•elim of a criminal act or hit legal eprescn•
lative upon %Allen request unless the plux•.
cuting attorney Ita%onabIV he ,eves that the
release of the data wnl mlellclr with the
investigation, or that the request is iminlpted
by a des;ic on the pan of the Icquesto, to
engage In unlawful active, es
J
RJ
IF
I
I
D. Investigative data (Minncsr)ta Statutes
15.162, Subd. 2a)
Data collected by a civil or criminal inves-
tigative agency as part of an active investigation
undertaken for the purpose of the commence-
ment of a legal action is confidential.
E. Elected officials correspondence (Minnesota
Statutes 15.1697)
Correspondence between individuals and
elected officials is private data on individuals,
but may be made public by either the sender or
the recipient.
F. Medical data (Minnesota Statutes 15.1698)
1. Access to medical data in the possession
of the city by the individual who is the
subject of the data is subject to the pro-
visions of Minnesota Statutes, Section
144.335.
2. If a person is a patient in a hospital
operated by the city pursuant to legal com-
mitment, the following information is
pubhe: the name of the patient, date ad-
mitted, general condition, and date re-
leased. If a person is a patient in a hospital
controlled by the city other than pursuant
to commitment, the following information
is public unless the patient requests other-
wise, in which ease it is private data on
individuals: namc of the patient, dale
admitted, general emlditiun, ,old date re-
leased. the namc of the patient, date ad•
mitred, general condition, and date re-
leased, when pertaining to an emergency
patient who is unable to communicate,
shall not be released until a reasonable
effort is made to notify the next of kin.
Even when an Individual has requested
that his namc, date admitted, general condi-
tion, and date released, he private, a hos-
peal controlled by this oily may release
this Infor nallot) to a law enforcement
agency pui%uarll to a lawful investigation
pertaining to than individudl.
•6•
G Ambulance service reports ((,luole,ina
Statutes 144.807)
Ambulance service reports prepared pur-
suant to Minnesota Statutes 144.807 are con-
fidcrrrul as provided in Subdivision 3 of that
section.
H. Other
(I.:,I any addlUonal i,pes of inlurmation
your oty has which have been classified by
federal law, state statute or temporary class,
ficaliun the Department of Administration.)
(Note to Responsible Authority: All guvein-
ment data collected, created, received, main-
tained or disseminated by your city is public
unless classified by statute, federal law, or tem-
porary classification pursuant to Minnesota Sta-
tute, Section 15.1642. Before any additional
information may be listed above and classified as
private, confidential, or not public, you, as the
Responsible Authority, must find a statute, or
federal law, which classifies that data, or you
must apply for a temporary classification to the
Comissiuner of Administration on forms provided
by the Commissioner of Administration --a sample
form is available from the League office. Neither
the city council nor a Responsible Authority may
classify any data. Private, cunfidential, and nun -
public data may he clashed unly by statute, fed-
eral of ICIIII'mdry class-llcation through the apply
catwn prucedurc )
(Note lir Rc,pun,ible Authority: All loans
used to collect private and confidential data must
he included d, an Appendix to this document.
These lu-ms should be only rite blank loons,
without any private or eonhdemial data conlainvd
un them.)
(Note to Responsible Aulhor;ly: YOU, as the
Respon%ible Authority roust update this document
annually and make any changes necessary it) main -
tam the accuracy of the document. Aller each
Iegislatne sc,sion, the League wilt ;ntnnn each
Responsible Authur.ry, Ihiough the clty clerk,
Of any atld-rluns or changes made in the ClassllrCa-
tion of information.)
�Q
Procedures to assure that all data on individuals
is accurate, complete and current
Within the time and budgetary limitations es-
tablished by the city council, the Responsible
Authority and his designees shall review all data
on individuals in the possession of the city to
determine if to the best of their knowledge, it
is accurate, complete, and current for the pur-
poses for which it was collected. All subjects of
public and private data, to the extent that this
data -s in active use within the city, shall be noti-
fied when the Responsible Authority has reason
to believe that the data on these individuals is not
accurate, complete, or current for the purposes for
which )t was collected. It will be assumed that
data collected from data subjects isaeeurate,com-
pleie, and current for the purposes for which it
was collected unless the data subject otherwise
notities the Responsible Authority.
Security safeguards
No employee or agent of the city may release
any private or confidential data to any person un.
less that employee is the Responsible Authority
or one of his designees, or another person auth.
oared by the Responsible Aulhorily.
Rights of data subjects
The 1;ghts of individuals on whom the data is
stored or to be suited by this city are as set furth
.It [his seclron.
A. An individual asked to supply prisale or
confident -al data concerning himself has the right
to be informed of: (1) the putpose and intended
use of the requested data within this city; (2)
whclhei he may refuse or is legally required to
supply the requested data; (3) any known conse-
quence arising from his supplying or refusing to
supply private or confidential data; and (4) the
,density of other persons or entities authorised
by slateof federal law to recede the data.
B. Upon request to the Responsible Authority
or a designee, an individual shall, be informed:
1) whether he is the subject of stored data on
individuals; 2) whether it is classified as public,
private or confidential.
C. Upon his further request, an individual
who is the subject of stored private data on in-
dividuals shall be shown the data without any
charge to him and, if he desires, shall be informed
of the content and meaning of that data. After
an individual has been shown the private data and
informed of its meaning, the data need not be dis-
closed to him for six months thereafter unless a
dispute or action pursuant to this section is pend.
ing w additional data on the individual has been
collected.
MCA:glh
12/79
.7.
D. The Responsible Authoiity shall provide
copies of data upon request by the individual
subject of the data. The cost of providing copies
shall be horne by the individual.
E. The Responsible Authority shall comply
immediately, if possible, with any request made
pursuant to this section or within five days of the
date of the request, excluding Saturdays, Sundays
and legal holidays, if mvnediate compliance is not
possible. It he cannot cumply with the request
within that time, he shall so inform the indisidual,
and may have an additional five clays within which
14) cumply w;hh the lequest, excluding Saturdays.
Sundays,utcl legal holidays.
F. An individual may contest the accuracy ur
completeness of public or po,.ate data concerning
I1,It11Clt fu rseIcise this right, an individual shah
notily in writing the Responsible Aulhonty
describing the nature of the disagreement. the
Respunsihle Authority shall within 30 dayscithcr:
(a) correct the daia'found to be inaccurate or in.
complete and attempt to notify past recipients of
inaccurate or incomplete data, including recipients
named by the individual; or (b) notify the indivi.
dual that he hc6eses tilt, data to be correct. Data
in dispute shall tic disclosed Only if the utdrsidual's
statement of dlsaglevint fit is inCItICICII with the dis.
closed data.
P]
I
RESOLUTION APPOINTING A RESPOIJSIBLE AUTHORITY
TO MEET THE REQUIREMENTS OF THE
MINNESOTA GOVERIJME14T DATA PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes,
Sections 15.1611 to 15.1698 as amended, requires that this City appoint one
person as the Responsible Authority to administer the requirements for collec-
tion, storage, use and dissemination of data on individuals, government data,
and summary data, within this City; and
WHEREAS, the City Council is concerned with the responsible use of City
data and wishes to satisfy this concern by immediately appointing an
administratively qualified Responsible Authority as required under the Act
and assigning duties to that person;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA:
1. The City Council of Monticello, Minnesota, appoints Gary Wieber as
the Responsible Authority for the purposes of meeting all requirements
of the Minnesota Government Data Practices Act, Minnesota Statutes,
Section 15.611 through 15.1698, as amended. (Note: an individual must be
appointed, rather than designating this duty to an office. If a different
person is appointed later as the Responsible Authority, this portion of
the resolution must be amended to indicate the name of the new Rr_spon:il,lr.
Authority.)
2. The Responsible Authority may designate a city employre or employees
to assist in the administration and enforcement of the duties of the
Responsible Authority and to be in charge of individual files or systems
containing government data and to receive and comply with requests for
government data. If the Responsible Authority appoints a designee or
d,,signces, this appointment must be in writing, and the City Council shall
be provided a copy of the appointment. If designees are appointed, the
Responsible Authority shall instruct the design_eo In the requirements
of administering and enforcing the Minnesota Government Data Practices Act.
(Nota: this is permitted under M.S. 15.1621, Subd. 2.)
3. Tho duties of the Responsible Authority and designees are as follows:
a. The Responsible Authority shall keep records containing govern-
ment data in ouch an arrangement and condition no to make them easily
accessible for convenient use by the public. Photographic, photostatic,
microphotographic, or microfilmod records shall he considered as
accessible for convenient use regardleso of the size of these rucordo.
b. The Responsible Authority shall establish procedures to insure that
requests for government data are received and complied with in an
appropriate and prompt manner.
c. The Responsible Authority or designee shall, upon request by any
person, permit that person to inspect and copy government data during
the normal business hours of the City and at places provided by the
Responsible Authority, and if the person requests, that person shall
be informed of the data's meaning. The Responsible_ Authority or desig-
nee shall provide copies of government data upon request. The Responsi-
ble Authority or designee shall require the requesting person to pay
the actual cost of making, certifying and compiling the copies. if
the Responsible Authority or designee is not able to provide copies at
the time a request is made, the Responsible Authority or designee
shall supply copies as soon as reasonably possible. If the Reopen-
sible Authority or designee determines that the requested government
data is classified so as to deny the requesting person access, the
Responsible Authority or designee shall so inform the requesting
person orally at the time of the request, and in writing as soon
thereafter as possible, and shall cite the statute, temporary classi-
fication, or federal law upon which the determination is made.
d. The Responsible Authority shall prepare a public document containing
his name, title and address, and a description of each type of
record, file or process relating to private or confidential data on
individuals retained by the City. Forms used to collect private and
confidential data shall be included in this document. The Responsible
Authority shall update the public document annually and make any changes
necessary to maintain the accuracy of the document.
e. The Responsible Authority shall establish procedures to ensure
that all data on individuals is accurate, complete, and current _
for the purposes for which it was collected; and establish appropriate
security safeguards for all records containing data on individuals.
f. The Responsible Authority or designee shall prepare summary data
from private or confidential data on individuals upon the requeat
of any person, provided that the request is in writing and the cost
of preparing the summary data is borne 1;7 the requesting person. The
Responsible Authority may delegate the power to prepare summary data
to the administrative officer responsible for any central repository of
awnmary data; or to a person outside of the City if the person, in
writing, sets forth his purpose and agrees not to disclose, And the
Roponsihle Authority reasonably determines that the access will not
compromise private or confidential data on individuals.
g. The Responsible Authority shall prepare a public document setting
forth the rights of the data subject pursuant to the Minnesota Govern-
mant Data Practices Acr. and the specific procedures in effect in the
City for access by the data subjects to public or private, (Into on
Individuals.
h. The Reponsible Authority or designee shall allow another Responai-
ble Authority or designee aecosn to data classified no notpublic
only when the access is authorized or required by statute or federal
law. The Reoponsible Authority or designee when supplying government
data under this provision may require the requesting Rnaponaiblo
Authority to pay the actual coat of supplying the data.
- 2 -
I. The Responsible Authority shall, when appropriate, apply to the
rr Commissioner of Administration for permission to classify temporarily
data or types of data on individuals as private or confidential, or
data not on individuals as non-public, on a temporary basis until
a proposed statute can be acted upon by the Legislature.
J. Upon request to the Responsible Authority, or designee, any indivi-
dual must be informed whether he is the subject of stored data on
individuals, and whether it is classified as public, private or confi-
dential. Upon further request, the individual who is the subject of
stored private data on individuals shall be shown the data without
any charge to him and, if he desires, shall be informed of the content
and meaning of that data. The Responsible Authority or designee shall
provide copies of the private data upon request by the individual
subject of the data, and the cost of providing copies shall he borne
by the individual. The Responsible Authority or designee shall comply
immediately, if possible, with any request made by an individual under
this paragraph, or within five days of the date of the request, ex-
cluding Saturdays, Sundays and legal holidays, .if immediate compliance
is not possible. If the Responsible Authority or designee cannot
comply with the request within that time, he shall so inform the indi-
vidual, and may have an additional five days within which to comply
with the request, excluding Saturdays, Sundays and legal holidays.
k. If an individual contests the accuracy or completeness of public
or private data concerning himself, and notifies in writing the
Responsible Authority describing the nature of the disagreement, the
ILResponsible Authority shall within thirty days either correct the data
found to be inaccurate or incomplete and attempt to notify past reci-
pients named by the individunl; or notify the indil•idual that the
Responsible Authority believes the data to lie correct. Data which is
in dispute shall ho disclosed only if the individual's statement of
disngreement is included with the disclosed data.
4. This resolution implementing the Minnesota Government Data Practices
Act shall remain in force and effect until mndified by the City Council.
VOTING IN FAVOR:
OPPOSED:
Adopted by the Council of the City of Monticello
this 14th day of January, 1980.
Gary 11iober, City Administrator
I
3 -
MEMORAFIDU..1
TO: State Auditor's File
FROM: Gary Wieber, City Administrator
DATE: December 28, 1979
SUBJECT: Review of the State Auditor's Report for the Five -Years Ended
December 31, 1978
This is a review of the State Auditor's report that the City of Monticello
received on December 14, 1979, for the 5 -year period ended December 31, 1978:
PAGE 1 - COMMENTS
Since the City of Monticello had previously been audited, the examination by
the State Auditor was not equivalent to a complete audit. An a result,
according to estimates by the State Auditor's Office, the cost was reduced
from $20 - $25,000 down to $4,000. If a complete audit was performed as
requested by the petitioners initially, the cost would have fell within the
higher range. Q
PAGE 2 - MINUTES
Item 1 - Apparently, the resolution in not attached to the Nvvcmber 25, 1974
meeting Minutes, but a copy of the resolution wan given to the State
Auditor's office.
Item 2 - State Auditor's Office felt. that an official council action :should
bp taken in the form of a motion, and a vote should be recorded.
Item 3 - Minutes do not reflect the appointment of myself as City Clerk -Treasurer,
and this will have to bo done.
Item 4 - Tho Minutes were not signed by the Clerk, Kevin LaFrance, an he had left
prior to the Minutes being typed up And formally approved.
Item 5 - I feel this comment could have been clarified since there in action
within the Council minutes setting the salary for election judges.
Salary of 54.00 par hour was established in 3974 and has not been
changed since. Subsequent to 1974, the Minutes contained the appoint-
ment of thu election judges; however, there is no indication of their
salary since it hasn't Ivan changed. In the future, the appointment of
election judges will include a comment on the hourly salaries.
item G - Thin item should have probably been clarified by the State, Auditor's
Office, since Kevin LnFrance was present and took the minutes for meet
of thio mcuting (it wan a 3 -day meeting); However, a portion of the
meeting found Kevin lArranco absent since its purpose was to interview
new candidates for the City Administrator position which was currently
being )told by Kevin TAFrance.
:£VIEW OF STATE AUDIT
PAGE $2
PAGE 2 - AFFIDAVIT OF PUBLICATION
There is a provision within the Statutes for newspapers that an affidavit of
publication for any legal or official matters shall be accompanied by an
affidavit of the publisher or printer in charge. Since thin statute falls under
newspapers, it was not a part of the Statutes governing cities; however, in
the future, an affidavit of publication will be requested.
PAGE 3 - ANNUAL FINANCIAL STATEMENTS
The first half of the comment is self-explanatory; however, the second half of
the comment is incorrect as it applies to the City of Monticello. Monticello
falls under Chapter 471.697, not 471.698, in that it had previously filed with
the State Auditor's Office a request to be included under 471.697 which requires
that the financial statement to be sent to the State Auditor's Office six months
after the close of the year, and for the same statement to be published. Within
the statutes themselves, there is no provision on the date of publication; how-
ever, it is implied from the statutes that the publication would take place six
months after the close of the year instead of the 60 -days mentioned in the report.
PAGE 3 - CLERK TREASURER - Ordinance
IN
These offices are combined and an ordinance should be adopted. It is interesting
to note, however, that the State Auditor had audited the City of Monticello since
the combining of thu offices back in 1965, and this item was not noted on that p
report.
PAGE 4 - CLERK TREASURER - Aopointmcnt
An ordinance should be adopted as indicated - the City Council combining the
offices of clerk treasurer, as provioualy mentioned, and creating the office
of Clerk -Treasurer -City Administrator.
PACE 4 - SIGNATURE ON ORDER-CbtECKS
This item should have leen clarified by the State Auditor. In reviewing the checks
that were signed by Con Johnson from December 13 to December 20, 1973, none of them
cleared the lank prior to January 8, 1974, the date Mr. Johnson took office. The
dating of the checks probably took place at the time they were typed up, but were
hold at City Hall antil the bills were approved, which was tho January 1974 meeting.
In other words, it would have been improper for anybody but. Con Johnson to sign
those chocks.
PAGE 4 - CASH OVERDRAFTS
A minimum chocking account balanca is kept at the Wright County Stato Bank to
insure the highest leverage on interest earnings. It should be pointed out
there has been no service chargo involved.
REVIEW OF STATE: AUDIT
PAGE 43
PAGE 5 - PETTY CASA FUND
Practice of advancing personal travel expenses from Petty Cash fund has been
discontinued for the last few years.
PACE 5 - TAX LEVIES - Scwagc Disposal System
The State Auditor is reporting that the portion of capital outlay funds that were
levied for sewage purposes should be set aside specifically within the sewer
fund. As a result, the transfer will have to be made from the capital outlay
fund to the sewer fund.
PAGE 6 - TAX LEVIES - In Excess of Levy Limitations
During the years that the State Auditor has indicated that the levy has been in
excess of limitation, this item has been previously reviewed by bond attorneys,
the County Auditor and the County Attorney and myself, and as a result, I
feel that the State Auditor is incorrect in the interpretation of the statute.
For your information, in determining the levy limitations, the state auditor
uses a population figure of 2,329 to determine the total amount eligible for
the levy limitation. However, the State itself uses a figure of 2,453 people,
and this item, along with the fact that sewer administration charges were not
included as outside levy limitation (thesr.items were previously Approved by
the County Auditor and the County Attorney) makes the entire comment obviously
questionable. As indicated at the end of the section on Page 7, Monticello now
is outside the levy limitation entirely, and the State Auditor's office did
admit the question was somewhat moot.
On Page 8 of the same comment, the City has made levies for streets, fire,
park, planning, development, water operations, orderly annexation and
capital outlay purposes. These levies are currently made as part of the City's
general purpose tax levy; however, the monies are put into a separate fund,
which is allowable by state statutes.
PAGE 8 - CLAIMS
I am not exactly sure what the State Auditor is getting at in the first part of
the comment, and 1 guuso I would have to question the usage of the word "many",
however, there may have been eases were bills were paid from a statement rather
than an itemized invuico. This practice already has been discontinued for some
time. Regarding the comment on travel expenses by means of a master charge credit
card being itemized, I believo there was one case which the Auditor felt that there
was a problem. In this particular case, I had charged miloage, meals and motels
on master charge. A representative from the State Auditor's office felt that each
individual invoice on master charge (which I did present) should have on the face
of it, an itemization for what it was for. For example, whether the bill was for
meals, lodging, etc.
Additionally, the second part of the comment on Claims indicates that cacti chuck
should have endorsement as indicated on Pago 8 of the report itself. The Munici-
pal Liquor Store checks will contain this statement upon the reorderinq of now
i chrcko and we ars investigating the possibility of getting a stamp to put on the
■O checks we currently have in our supply.
REVIEW OF STATE AUDIT
PAGE 04
PAGE 9 — CHRISTMAS PARTY
I believe this is an oversight on the part of the State Auditor's office since
the voucher in question specifically spells out that the Council did authorize
the Christmas Party on December 11, 1973. This same voucher further indicates
that the League of Minnesota Cities Attorney, Mr. Stan Peskar, was contacted
regarding the legality of having such a party. Furthermore, this item was
specifically documented in the Minutes of December 11, 1973 and was approved
without dissent by the Council at that time.
PAGE 10 — LUNCHEON AND DINNER MEETINGS
As indicated by the State Auditor, the attorney general has previously indicated
that there may be specific incidents where officials could be compensated for
necessary expenses incurred in attending dinner meetings. It should be
pointed out that the River Inn expense account was approved by the City council
and a determination was made by the Council at that time that it was for a
public purpose. However, since that time, this practice has been discontinued.
PAGE 11 - COMPENSATION FOR MAYOR AND COUNCIII•fEN
It should be pointed out that the Council did set the salaries on June 26, 1973
to become effective January 1, 1974. These salaries were set on a per official
meeting basis, and the ordinance indicates that the Mayor and the Councilmen
were to be paid as such. As a result then, the comment by the State Auditor's
office that the above ordinance did not provide for the Mayor and Council to
he compensated for meetings they do not attend is incorrect. A more appropriate
comment would have been that this item should be clarified.
It should lie pointed out that the City Council can be paid on a per meeting banis
regardless of whether they attend or not, as was the case in the City of Monticello.
While there may be some question in someone's mind whether the intent was to pay
on a per meeting Iasis or on a par meeting attended basis, the same Council that
enactod the ordinance would probably be looked towards for their intcntions,
and this was the same. Council that received payment from the initiation of Lila
ordinance on a per meeting basis rather than a per meeting attended basis.
While the State Auditor's comment was obviously lacking, I do believe that the
item should be clarified at this time as suggested by their office, and that
the Council should ratify the payments already made. To attempt to collect
the overpayments could subject the City to possible lawsuit.
PAGE 13 - PAYMENT OF FEDERAL EXCISE TAX
According to the Auditor, there appears to be times when federal a xciso taxes
are paid on gasoline and oil for the fire dopertment. Federal excise tax is
deducted on the monthly statemonts no I am not entirely sure whathor the state
auditor's office in ontiroly sure of their comment.
REVIEW OF STATE. AUDIT
PAGE 45
PAGE 13 - WAGE AND TAX STATEMENT
In the future, W-2 forms will be given to all officials and employees who
exceed the $600 limitation.
PAGE 13 - CITY HALL
Apparently, this is for informational purposes only.
PAGE 14 - 1974-1 PARKING FACILITY IMPROVEMENT PROJECT
There is definitely a disagreement on this comment since the original assess-
ments on parking are based on square footage of a building, number of employees
and distance to the parking lot. Using a specific example like Fullerton
Lumber Company - if this building burned down and the assessment was not
changed, this would obviously be an error on the City of Monticello's part not
to make an adjustment. As a result, then, the City is basing its adjustment
on the very statute that the State Auditor makes reference to - that in,
429.071 (l) on Page 15 of the report. This provision does allow the Council
to make supplemental assessments to correct omissions, errors or mistakes in
the assessment relating to the whole cost of the improvement or any other
particular pursuant to this statute. If changes of this nature would not be
made, the City of Monticello obviously could he subject to lawsuit. Our
City Attorney will be reviewing this matter in more detail to see if any changes
should he made. ,
PAGE 16 - LOCAL IMPROVEMENT CONSTRUCTION COST
Apparently, this is for information only.
PAGE 16 - CHANGE ORDERS ON CONTRACTS
The point of the State Auditor's Office is that change orders uhould be approved
by the Council prior to the performance of the work. In this specific case,
there was an emergency, and our City Cngineer made a determination to authorize
the work and this was brought to the attention of the City Council at a later
mooting. Although I think the comment is certainly appropriate, there would be
come question on whether the City would even he liable for the change, order
if it did not approve it.
PAGE 17 - SEWER 6 WATCR FUNDS ACCOUNTS RECEIVABLE CONTROI. ACCOUNTS
A control account han been kept: on an annual basis, but a monthly control account
will be established.
PAGE. 17 - MUNICIPAL 1,101lOR DISPENSARY t104SUFFICIEIrr FUND CHECKS'
An asset account will IV maintained for 14SF checks. Regarding NSF checks beinq
written off without Council approval, it should be pointed out. that within the
operating statement itself, NSF checks is a linnd item. There la no statutory
requirement that the City Council write off NSF checks. I certainly feel unloea
this item gets out of hand that it should ba dologatod to the Liquor Store Manager.
/r
REVIEW OF STATF. AUDIT
PAGE N6
PAGE 18 - JOINT RECREATION PROGRAM 1J
First of all, the comment would seem to imply a written agreement is necessary;
however, the State Statutes do not specifically require a written agreement,
although it may be a good ideal Additionally, I have enclosed materials
received from the School which includes a resolution, as suggested by the
report, previously adopted by the Council.
PAGE 19 - CONTACTS ZN EXCESS OF $5,000 WITHOUT ADVERTISING FOR SEALED BIDS
I believe this cone nt is inappropriate in light of the explanation that the
State Auditor's office has in their own report. That is, in two of the con-
tracts, the initial purchases were under $5,000, but subsequent purchases
made the total exceed the minimum for bidding. As indicated in Minnesota
Statute 471.345, if the amount of the contract is estimated to exceed $5,000,
sealed bids shall b- solicited by public notice in the manner and subject to
the requirements of the law governing contracts by the particular municipality
or class thereof. =n each case, the amount of the contract was not estimated
to exceed $5,000 and therefore, bids are not required. One of the examples
was Buffalo Bituminous, where a patching job was necessary in August for about
$3,000, and again in November in another arca for $3,000. In actuality, this
was not even one contract, it was two contracts, and I believe this wan over-
looked by the State Auditor's Office. In the other case„ Big lake Sand and
Gravel was hired to do some grading work in the parks, and initially, the
work was estimated to be under $5,000, but once the work was begun and with
Council approval, changes were made that brought the total of the contract
over $5,000, but at no time was the contract incr.ased $5,000, at any one
point.
The third example, which in not cited in the State, Auditor's report, was for
a piece of newer rodding equipment that was only available through one. pur-
chaser - that is, FloKible Pipe Company. There is a statute, Minnesota State
Statute 471.36 which was cited in the Minutes of the February 18, 1077 meeting
approving the purchase of thin rodde_r, indicating that thin was the reasoning
behind not requiring competitive bids. Again, this was an apparent oversight
on the part of the State Auditor's office.
PAGE 19 - CONTRACTS FROM $1,000 to $5,000
This provision had been not adhered to very strictly in light of the vagueness
Of the statute itself, since it indicates that two or more quotations shall
he secured, when po nsible, and in many canes, the City was only interentod in
purchasing the item from one individual. Additionally, all quotations shall
be kopt only fw• A period of one year, and there was really no record to prove
there was more than one quotation received. In the future, however, quotations
Will I.X.1 documented and kept on file for contracts from $5,000 to $10,000 (this
is a new figure for quotations as mentioned on Page 20 of the report).
U
REVIEW OF STATE AUDIT
PAGE #7
PAGE 20 - OFFICIAL DEPOSITORIES
The City no longer has funds on deposit with the First National Bank of
Minneapolis; however, the comment is correct in that the City Council should
really designate each depository prior to such a deposit.
PAGE 20 - ASSIGMENT OF COLLATERAL
The City of Monticello has pledged securities from the Wright County State
Bank. However, apparently, the State Auditor's office is requiring an
assignment of -collateral to supplement the written document the City already
has on hand with the Wright County State Bank. I have contacted the Wright
County State Bank, and they were initially not familiar with the document
but they have indicated, after getting a copy from the State Auditor's Office,
they would be willing to comply.
PAGE 20 - SECURITY FOR DEPOSIT
This item has already been rectified.
GW/na
H
If
Mr. Gary Wieber
City Administrator
City of Monticello
250 East Broadway
Monticello, Minnesota
U�
January 10, 1980 /U
55362
Dear Mr. Wieber: \ (p
Thank you so much for your letter of January 2nd. It had been
my hope that the two review conferences our staff held with
you would have provided you an ample opportunity to express
your concerns over the audit. However, your letter indicates
that you cannot accept either the findings of the audit by our
office nor the interpretation of the audit by the media.
I personally take this situation very seriously because more
9 than anything else, this audit should be utilized as an
1� opportunity for management improvement and your posturing
leads me to believe that it will not have that impact.
As I indicated to you in our meeting, our clients are the
taxpayers of Monticello. I think it only fair that they be
made aware of our findings as well as the concerns of your
office. With that in mind, I respectfully request that the
Office of the State Auditor be invited to attend one of your
upcoming City Council meetings for the purpose of reviewing
the audit item by item. I will make certain that the media is
invited so that you will have the opportunity to correct
perception problems that you are having with them.
Please advise me as to when and where this meeting will take
place. I look forward to hearing from you soon.
S ncor@ly, G,�f
Arn�tl. Carlson
Stat Auditor
AIIC:mjt
cc: Mayor and Council /
/J+ /A
11
NI NUTES
REGULAR MEETING - MONTICELL.O CITY COUNCIL
December 10, 1979 - 7:30 P.M.
Members Present: Arve Grimsmo, Dan Rlonige_n, Fran Fair, Ken Maus, Phil White.
Members Absent: None
CiLiBenS Corssents:
Nr. Leonard Fellman, representing the VFW Club, asked the City Council
whether anything could be done to allow the VFW Club to open prior to
the drainage problem being resolved with the Minnesota Department of
Transportation. It was pointed out that although the City has already
granted a variance to allow the VFW Club to oper. prior to the completion
of their landscaping and curbing requirements, the drainage problem will
have to be resolved with the Minnesota Department of Transportation prior
to the City being able to allow them to open. The City will continue
its efforts to set up a meeting at the earliest possible date.
1. Consideration of low Enforcement Contract for 1980 with Wriclht County
Sheriff's Department.
The proposed law enforcement contract with the Wright County Sheriff's p
Department and the City of Monticello for 1980 was reviewed with Chief
Deputy Jim Powers and Sargeant Dan 110zempa. The new contract would call
for an hourly rate of $11.50 per hour vs. the 1979 rate of $10.50 per hour.
This increase would nmount to approximately Sy% for a total expunditure
of $79,175 in 1980.
The total contract amount would he for patrolling, etc. for 16 hours
Per day from Sunday through Tlw rsday with 24-hour protection on Friday
and Saturdays.
Discussion was held eorcerning the possibility of increasing the hourly
coverage, to 24 -hours per day, but it was the consensus of tile. Council
that increased coverage would be discussed at a later date if it was
dutermined to be necessary.
Notion was made by Dan Hlonigon, seconded by Phil White and unanimously
carried to approve the contract for 1980 as Presented with the Wright
County Sheriff's Dupartmcnt 111•oviding 16 hourn of daily pnL101 nr+rviCo
from Sunday L11rou911 Tlturaday, and 24 -hours of service on Fridays and
Saturdays, at. $11.50 per hour. (See Supploment 12/10/79 Mi)
l�
COUNCIL MINUTES - 12/10/79
2. Consideration of Renewal of Club On -Salo Liquor License for the American
Legion Club.
The current Club on -sale liquor license for the legion Club expires
December 31, 1979, and the Council discussed the current fee schedule
of $100 per year and noted that State Statutes do allow local munici-
palities to set a higher fee than $100 if they so desire.
Although it was decided not to increase any fee schedules for liquor
licenses at the present time, it was the cons,rnsus of the Council to
issue club on -sale liquor licenses until June 30th of each year to fall
in line with the present expiration date of on -sale liquor licenses
throughout the City.
Motion was then made by Phil White, seconded by Fran Fair to grant the
American Legion Club an on -sale club license until June 30, 1980, at
the present fee schedule of $50.00 for six months, at which time the
entire liquor license fees will be reviewed for possible increases.
Voting in favor: Fran Fair, Phil White, Arve Grimsmo, ren Maus.
Opposed, Dan Blonigen.
3. Consideration of Chanqinq Liqhtinq on County Road 75 in Monticello from
Fluorescent to Iliqh Pressure Sodium.
Representatives of Northern States Power asked the City of Monticello
whethr.r they would be interested in changing their lightinq on Highway 75
from fluorescent to high pressure sodium. Primary reason for the change-
over would he the fluorescent lights are becoming obsolete, are loss
efficient, and replacement parts are becoming hard to find. In addi-
tion, new high pressure sodium lightn would result in low._r electricity
consumption, thus lower electricity bills for the City of Monticello.
Since the City of Monticello does own the ornamental lights in the down-
town area, there would he a conversion cost of approximately S200 per
light on the existing 22 ornamental lights, and there would be no cost
for the conversion of the 19 overhead lights on County Road 75. The
conversion coat to the City of $4,400 would be recaptured in approxi-
matoly 38 months baaod on the lower electricity consumption for these
lights.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to convert the downtown and County Road 75 fluorescent lights to high
pressure sodium lights of 250 watts por schedule.
4. Colin iderntioil or Rxtennion of Time on Completion of Contract for the
79-1 Improvement Project.
A request was made from norbarosua F Sons to extend their compl,�tioa
date on the. 79-1 Improvement Project from November 1, 1979, to June, 15,
1900, haled on the following reasons:
COUNCIL MINUTES - 12/10/7-1
A. Two-week delay on award of contract.
e1 B. Minor change orders.
C. Rain
D. Delays in resolving the problem with the bituminous restoration.
The Public works Director and the City Engineering firm felt the request
was reasonable and in the City's best interest to hold off on this pro-
ject until next spring due to the cold weather for correction of
problems encountered with the bituminous surfacing. It would also give:
the City a chance to see how the bituminous surfacing is standing up
over the winter and would allow the City to take corrective action in
the spring if necessary.
Motion was made by Phil White, seconded by nin Maus and unanimously
carried to extend the Completion date on the 1979-1 improvement pro-
ject to June 15, 1980 from November 1, 1979.
5. Consideration of Exercisinq�Option on Rick Cole Property.
Previously, Chu City of Monticello had obtained an option on the Rick
Cole property, the easterly 56' of Lot 2 and the entire Lot J, in
Block D for $29,900. The original option was obtained as a result of
the parking requirements needed in Block 74 that may result due to
Mr. SamPeraro's proposed office complex in that block. This property
was intended to he used for the additional parking needed and the cost
of the improvements were to ho assessed back to Mr. Poraro. Since that
time, Mr. Poraro has been reviewing other alternatives for his new office
building, and at the present time, was not certain as to whether he
would be in favor of the City buying thin lot for parking requiremrntr
of his building.
As the result of the uncertainty over possible uses for this property,
a motion was made by Dan Blonigen, seconded by Yen Maus and unanimously
carried to not exorcise the current option on the Rick. Cole property at
the present time.
G. Consideration of Iloldinq a Ilearinq on the Issuance of Industrial FRe_vnnue
Bonds for Clow StamPina Company.
The Clow Stamping Company has requested that the City of Monticello
hold a public hearing to consider the issuance of industrial revenue
bonds for their now manufacturing plant to he located in Monticello.
The Clow Stamping Company is a precision stampinq service and metal
fabricator with home offices in Brainerd and a currant plant in
St. Louis Park. Their plans are to move their operations from St. 1.ouio
Park to Monticello and their new plant would employ 70 - 75 people.
13
COUNCIL AGENDA - 12/10/79
Because of the high interest rates currently being charged commercial
entities, the Clow Stamping Company requested that the City consider
issuing industrial revenue bonds of approximately $825,000 for the con-
struction of their new manufacturing facility in the Oakwood Industrial
Park.
According to procedures set out in Minnesota State Statutes, City Council
would have to hold a public hearing before it considers the issuance of
these industrial revenue bonds, which would not be any liability to the
City.
in order to get more information on the financial status of the Company,
etc., motion was made by Phil White, seconclud by Fran Fair and unani-
mously carried to hold a public hearing for the issuance of Industrial
Revenue Bonds for Clow Stamping Company on tlio tegulur muting of
January 14, 1980. (See Resolution 12/10/79 421).
7. Approval of Bills for December, 1979, and Approval of Minutes of the
Reqular neetinq of November 26, 1979 and the Sueciai Meetinq of
November 28, 1979.
Motion was made by Phil white, aeconded by Ken Maus and unanimously
carried to approve the bills for December 1979 as presented, and the
minutes of the regular meeting of Nov,mber 26 and the special meeting
of November 28, 1979, (See Supplement 12/10/79 42)
H. Consideration of Retainaqc Amount on 1978-1 Project for Northdale.
Construction.
The 1978-1 Improvement Project, which consiSted of Sanitary Sewer,
watermain and Storm Sewer Improvements to Country Club Manor, Yampa
Estates, West County Road 39, Riverside Addition, Ilolkern Hillside
Addition, Lauring Hillside Addition and Sandberg South, has )H en
recently completed. Except for some corrections that will have to
be mad, on the blacktop in Country Club Manor and reviewing the ditch
through the Country Club property, this proj,ct in complete.
It was the recommendation of the City Enqincer, John Badalieh, that
a $4,000 retainer would be more than adequate to cover the items
remaining to he completed to the City's satisfaction.
Motion wan made by Fran Fair, seconded by Kon Maus and unanimously
carried to approve the retainage amount. of $4,000 to Ilorthdalo
Construction nt1 thu 1978-1 Improvement Project. Total payments
to (into would amount to $1,061,106.72.
9. Consideration of Sulxlivision Approval - Marvin Wulf.
Mr. Marvin Wulf requested that Ile be alloyed to Subdivide hill lot located
Along East Broadway across from the high school. His proposal is to
divide the vacated street and the two Toto into two buildable parcels -
on) lot being the vacated portion of Cedar Street olid approximately 43'
of lot I, and the other lot being approximately 23' of Lot 1 and all of
Wt 2.
- 4 -
COUNCIL MINUTES - 12/10/79
Bothof these new lots would meet and exceed what the current ordinances
require for lot size, etc., and Mr. Wulf pians to sell his present
home on the east lot and build a new home on the newly created west lot.
Motion was made by Phil White, seconded by Dan Blonigen and unanimously
carried to approve the subdivision contingent upon a certificate of
survey of each lot and contingent upon proof of recording of these two
lots at the recorder's office in the Courthouse.
MEETING ADJOURNED.
Rick wolfsteller,
Administrative Assistant
RW/ns
a
11
DARRELL L. WOLFF
Caunlr Sheriff
SHERIFF'S OFFICE _
Cuon Maus• — Wright County
BUFFALO, MINNESOTA $5211
TNephonr 682-1162 _ , _
_ Jaines F. Powers, Chief Deputy
Lt, Myron A.Morris, fnvesrigstor
Ls. Et Heberling, Civif
December 14, 1979
Honorable Mayor
City Council
Monticello, Minn, 55362
Gentlemen:
Enclosed is the Sheriff's Law Enforcement report for the month of November, 1979,
552 hours of patrol service were contracted for during the period in which the
following activities were tallied:
1 - Property damage
1 - Theft of a sign 'Tom a yard
1 - Theft of Christman decorations from downtown
1 Criminal damage to property - tires slashed
1 Theft - customer left feed mill without paying for feed
2 - Theft of gas from Tom Thumb - customers left without paying for gas
1 - Criminal damage to property - street sign knocked down
6 - ShopIifting at Snyder Drug - 3 cleared by arrest d 3 were warned 6 released
I - Property damage - post in the park knocked down
1 - Terroristic bomb threat at school - cleared by arrest
I - Criminal damage - words wrote on apartment windows
1 - Lost billfold
3 - Criminal damage to property - fire hydrants turned on causing damiges, vehicle
drove through fences 6 garbage cans knocked down - all cleared by arrest
of 2 subjects
1 - Theft of 11 batteries out of new vehicles at Monticello Ford - under investigation
I - Theft of CB radio, 8 track player d antenna from vehicle
1 - Theft of gas from truck
6 - Mailboxes damaged
1 - Theft of cash from Freeway Standard - under Investigation
1 - Theft of gas from Freeway Standard - customer left without paying
1 - Simple assault - cleared
1 - Defrauding innkeeper at Country Kitchen - cleared by arrest of 3 subjects
1 - Trespassing - cleared by arrest
1 - Rope reported - false report
1 - Vandalism to vehicle - car egged 6 one window broken
A
MERIF,F'S OFFICE
(purl Nouse — Wright County
BUFFALO, MINNESOTA 55217
Telephone 662-1162
CARRELL L. WOLFF
.. _ County Sheriff
James F. Powers, Chief Deputy
Lt. Myron A. Morris, Invesfigntor
L t. EI Heherling, Civil
Sheriff's report for Monticello for November, 1979, continued:
I -
Criminal damage to property - words spray painted on
residence
1 -
Shoplifting from Ben Franklin - cleared by arrest of
2 juveniles
1 -
Vandalism - tires flattened on vehicle at Joyner Lanes
3 -
Arrests of juveniles for criminal damage to property
which occurred in October
2
- Missing persons - returned
6 -
1
- Theft - subject left Silver Pox Motel without paying
bill
2
- Arrest for possession of marijuana
I -
3
- Arrests for issuance of worthless checks
22
1
- Bench warrant arrest
1
- Arrest for procuring for a minor
1
- Arrest for possession of beer by minor
1
- Arrest for disorderly conduct
7
- Public nuisance 6 disturbances
3
- Suspicious vehicles 6 persons
1
- Medical aid
1
- Prowler report
3 - Traffic complaints
1 - tiarossing phone calls - cleared
1 - Miscellaneous complaint
1 - Runaway - returned
4 - Domestics
1 - Recovered property
1 - Hunter complaint
2 - Animal complaints
5 - Alarms sounded - all checked out
138 - Car 6 subject checks
48 - Citizen aids
Ill - Motorists warned
14 - Accidents investigated
2 - Open doors
79 - Traffic tickets issued:
4 - Driving while intoxicated
4 -
Stop sign
4 - Reckless driving
3 -
Leaving the scene of an accident
3 - Careless driving
B -
Open bottle
1 - Erratic driving
6 -
improper.registration
14 - Speed
2 -
Unsafe equipment
4 - Improper lane usage
I -
Driver license violation
3 - Driving after revocation
22
- Illegal parking
Yours truly,
Darrell Wolff, ShorAff
Billing: For the month of November, 1979 -- $ 5,838.00
a
EN
QUARTERLY REPORT OF THE MONTICELLO FIRE DEPT.
President — Jim Maurice
Vice President — Marn Flicker
Secretary — Lee Trunnell
Treasurer — Willard Anderson
Chief — Paul Klein Joint Committeeman — Lee Trunnell
Assistant Chiefs — Gordon Link Training Officer — Gene Jensen
Bill K!ein Asst. Training Officer — Ted Farnum
1st Captain — David Kranz 2nd Captain — George Liefert
The following is a quarterly report of the Monticello Fire Department from Oct. 1, 1979
thru Dec. 31, 1979.
There were 19 personal assists by the Chief and/or Assistant Chiefs.
There were 7 fires which required 115 man hours. The average attendance at a fire was
16 men.
During the past three month period there were 3 training sessions which required 114 man
/ hours. The average attendance at these training sessions was 19 men.
The Department also received the new mini pumper in December.
DK/bjk
I
Respectfully submitted by,
David B. Kranz
Reporter
BUILDING PEPXIiS
YEAR
•
1974
1975
1976
1977
1978
1979
Total nu=.I:er of
permits
issued
39
74
89
107
134++
102+
- 319( 49)
,uroose:
I.
New troves
6
15
31
28
33
55
+ 67%
2.
Residential remodeling
and additions
3
25
18
25
26
10
- 389
1.
Residential garages
l0
it
13
6
15
+ 40%
4.
Co^ercial buildings,
additions, and remodeling
17
21
21
13
32
17
- 53%
M7 S.
MisCellanous (signs, etc.)
4
3
9
8
37"
5•••
-740%(-564)
TOTAL VAU ATiONS 5670,000.00
$1,910,775.00
:3.:18,729.00 Sr"
3,640.00
$3,423,200.00
$3,928.500.00
(+15a)
Not considering the permit valuation figure (•••), the average permit valuation would be up $12,966.44
from $24,546.27 in 1978 to $38,514.71 in 1979. 1{ the permit valuation figure (**+) were used, the
average permit value of $32,294.34 in 1978 would reflect a permit increase in 1979 of $6,220.37 per
permit issued.
•• tf the present value figure ('••) were applied here, this number would be reduced by 28.
'•• large number reduction was reflected in a policy change which does not require a permit for a job of
less than $800.00, unless the building size is changed (formerly 5300.00 was the guideline figure).
W
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L FYLE'S BACKHOE & SEWER SERVICE
MONTICELLO, MINN. 55362 - Tel. 295-2511, 295-2689 or 295.4177
A service charge o1 t% per month will be added to all accounts past due.
Minimum Charge: 50 cents.
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..c*S BACKHOE & SEWER SERVICE
. LLO, MINN. 55362 - Tel. 295-2511. 295-2689 or 295-4177
charge of 1% per month will be added to all accounts past due.
Minimum Charge: SO cents.
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IUB league of minnesota cities
MINNESOTA 475A
GOVERNMENT DATA PRACTICES ACT
June, 1979
hlinnesota Statutes 15.1611 to 15.1698 are provided as amended by
the 1979 legislature in Chapter 328 (II.F. 738). Minnesota Statutes
15.1621 and 15.17, Subd. 4, are effective January 1, 1980. All other
amendments are effective July 1, 1979.
The format for the following is:
a. New 1979 language — underlined.
b. Language stniek by the 1979 amendments — lined out, for
example: ih�det r
c. language not changed by the 1979 amendments —plain type.
hlinnesota Statutes 15.17 is provided for your information. Minnesota
Statutes 15.169 has been repealed.
NOTE: This booklet contains an unofficial copy of the hlinnesota
Government Data Practices Act and Official Records Act.
Questions or problems which arise under thew laws may be
directed to:
Data Privacy Division
Dept. of Administration
2nd Floor
State Administrntion Bldg.
St. Paul, h1N SS 155
(612) 296-6729 or.
2966733
Distributed by the I.eague of Minnesota Cities
300 Hanover Building, 480 Cedar Street, St.Paul, 14N 5510i
Phone: (612) 222-28G1
300 honovor building, 480 cedar otr eet, saint pe+ut. minnemote 55101 (612) 222.2861
15.161 f GOVERNMEi:C DATA. Subdivision 1. All state arcades, noliticat
s.tbdivisions aid statewide s_estcros shall ne co':emcd by sections 15.161 in
t 5.1698.
Subd. 2. Sections 15.1611 to 15.1698 may be cited as the "R;innesnta Caveat
ment data practices act"
15.162 COLLECTION, SECURITY AND DISS"MINaTION ''F ?'EVDRD ;
DEFINITIONS. Subdivision 1. As used in sections :S-F�-t«-i�>
15.1698, the terms defined in this section have the meanings given them.
Subd. In. "Arrest information' shalt inciude (a) the name, age, and address
of an arrested individual; (b) the nature of the charge against the arrested indi-
vidual; (c) the time and place of the arrest, (d) the identity of the acresdagagency;
(e) information as to whether an individual has been incarcerated and the place of
incarceration. "Arrest information" does not include data specifically made privnte,
confidential or nonpublic pursuant to section 260.161 or any oche: st:A111I.
Subd. 2. "Commissioner' means the eommissionet of the dcpatiment cf
administration.
Subd. 2a. "Confidential data on individuals' meant data which is: Ia).naac
not public by statute or federal law a;rpticable to the data and is inaccessihie to the,
individual subject of that data; or (b) collected by a civil or criminal Invcstigative
agency as pall of an active investigation undertaken fur the purpose o:` the co::o- i
mencement of a legal action, provided that tate burden of proof as to whether such +�
invcstigation is active or In anticipation of a legal action is upon thr agency. Con•
fidtirtiat data an individuals does not include arrest Information that Is reasonably
contemporaneous with an arrest or Incarceration. The provision of ciaosc (b) shall
terminate and erase to have force and effect with regard (q the state agencies,
political subdivisions, statewide systems, covered by die ruling, upon the gsant!n;
set refusal w grant eo-ow4tL." a iempo4 r._ary classification pumjaal to sertion
1S.t64: of both criminal and civil investigative data, or on July 31, 1-9,29 198%
whichever occurs first.
Subd. 3. "Data on Individuols" includes all records, files and processes :$ !ch
c;mlam any datu in which an Individual is or can be identified and which are te•
tanned or Intrnded to be retained on a permanent or temporary bath. 1t Include:
data collected, stored, or disseminated by manual, mechmsieal, eiectionic or any
other means. Data on individuals are clusslfied as public, private o: coufidectl:l.
Subd. 4. "Individual" means a natural person. In the case of a miner,
"individual" includes a patent or guardian or an individual actir;t us a parent or
guardian in the absence of a parent or guar Wan, txcept (has tin responsible
authority shall withhold data from parents or guardians, or indrvlduals act!ng as
patent% or gumiliam in the absence of parents or guardians. upon mquev: by the
wirer If :^9 m4ora:ble cuthrity determines Chat wlth`.oldl:na &-- data would be
in t%o L z :c;ere;t of the minor.
SUi)d. S. "Political subdivision" means any county, statutory or home rule
e„ anter c:ty, school district, special district and any board, commission, district or
:.u:aorlty created pursuant to low, local ordinance or charter provision. It includes
any nornrofi! corporation which is a cotmmunfty action agency organraed pursuant
to the economic opportunity act of 1961 (P.L. 88452) ss amended, to qualify for
;u`31: funds, or any nonprofit social seniee agency witich performs services under
ce:n;:�ct to any poMical subdivision, statewide system or state agency, to the extent
that the nonprofit :oeial service agency of nonprofit corporation collects, stores,
disseminates, and uses dots on individuals because of a Contractual relationvhip
vith state a;:ncies, political subdisidom or statev4de systems.
Subd. So. "Private data on individuals" means data which Is made by statute
or federal isw applicable to the data: (a) not public; and (b) accessible to the
:id:vidml sub act of that data. Private data on Individuals doe: not include arrest
hiferntntion Int is reawmbly contemporaneous with :n arte:t or frcarxration.
Subd. 5b. "Public data on individuals" means data which Is accessible to the
public In accordance with the provisions of section 15.17.
Subd. G. "Responsible authority" in a state agency or statewide system
means the state official designated by law or by the commissioner as the Individual
responsible for the collection, use and dissemination of any set of data on fndi•
viduals, covemment data, or summary data. "Itespon Able authority" in any
IaIDical subdivision means sh3 individual designated by the governing body of that
pe9tieol wbdivision as the Individual responsible for the collection, us:, and drs•
::r.!-atlon of any at of dau an ImdlWduah. aovemme- nt dates or summary data,
tenons otherwise provided by state law.
aubd. 7. "Stale spnW' mems the state, the University of Minnesota, and
any office, officer, department. division, bureau, board, commistlon, authority,
district or alcriy of the state.
Subd. 8. "Ststawide cystrnt' includes any rr!orA..•keepina tystem In Milch
61.1 on Lidiv duals h collected, stored, dlsserninzted rid used by means of a system
c;amtar to one or more stats agendas or more than one of Its political sub•
Plv:•Ions or any combination of state agenclo and peiltical s0di-oldom.
345d. 9. "S,ctmary data" mems statistical reeotds end imports derived
from data on individuals but In which Individuals are not identified and from
%'46 neither their Identities not any other ehuactcdsdc that could uniquely
1.::ntify cn Individual is a certdn:bic.
•3•
r�
Subd. r0. I-Desicnea" means env`person-&strnated by it resootsible.author-
itv'-to be 1n 6 arcs of InclMdual'files o. svitems conudrinc covemment data and
to receive"and comply with requests for govemment darn:
Subd. 11. "Government data" means all data eollectedj created, received_
❑uintained or disseminated by any state ocencv, political subdivision, or statewide
system rerardlcss of Its physical form, sioraca media or conditions of use.
Subd. 12. "Person" means any indhidual, pannershlo, corporation, associa-
tion. business trust, or a local representative. of an organization.
(NIS. 15.1621 is effective January -1. 1980.)
15.1621 ACCESS TO GOVERNMENT DATA. Subdivision I. Public data. Ail
Rovemmrnt data collected, created, received. maintained cr disseminated tv a state
apencv. political subdivision, or statewide system shall he public unless classified by
statute, or temnomry classification pursuant to section 15.1642. at federal lowlas
not public, or with respect to data on individuals, as private or confidential. The
responsible authority In every state eeencv, political subdivision and statewide Sys.
tem shall lmep records containing ecverr.ment data in such on arrangement and
condition as to make 'them easily accessible for convenient use. Photographic,
photostatic, microtduotocranh]c, or microfilmed records shall be considered as
accessible for convenient use. reaatdlem of the site of such records.
Subd. 2. Procedures. The'responsible authority In every state agenev.politkel
subdivision, and statewide system shall establish'procedures;consistent with sections
15.1611 to 15.1698, to insure that rcauests for government data are received and
complied with In an aporopriata and orurrtpt manner. Full convenience and Comoro.'
hensive aeeestiblhty shall be allowed to researchers Including historians, geneologists
and other scholars to carry out extensive research and completo copying of all
records contilninot eavernmeni data except"as otherwise expressly provided by low.
A responsible authority ntay.desfpnate-one or -more dashtnees.
Suhd. X Reque.3 for data; Upnn 'requetl to "a rerpohsible authorliv- or
desttpueeta nersnn':half he'nermttted to inspect and copy government data at
remonabta times end places, and If the person requests. he slut] be informed or
ttia.data s meaning. The resoonsuble authority or designea ;hal] provide cooks of
government 'datn upon recresu The resoonstbte authority may reoulre the reaucst.
inn person to pay the nctu±l costs of making, certli'vina and compiling the copies.
lUthe responsible authority or deslgnco is not able to provide a les of the time s
rcouest is made he shall supply copies is soon as reasonably pomible,
it the'resoonsible sutlturity or dcavncn determine that the renuested data is
elassifled so as to deny the remuetting kcrion sicca, the rcstxmdbie authority or
desitneo shall so Inform the tequestina person orally at the time of the rcatZi.
-4•
and in vritin7.. as inon rhereaftcr as cosstble. and shall cite the ru.,ule. temprsnry
classification• or federal raw on whirls she determination ii•bav4.
15.163 DUTIES OF RFSPONSIBLE AITHORITY. Subdivision 1. Annual
Inventory of, records. £:: a: __.... .: K. !77S, The icr2n1siblc authnrily
Shall preyue a pudic document containing hi, name, tide 'nd cddress, and a
description of each cmcoory of record. rile. or process ro'.aSro to private or
confidential data on tnd:v:Cuals maintained by his state agency, stalesvide.system,
or political subdivision. Forms used to collect primate and confidential data wall
be included in the public document. Gginning August 1, 1777 and annually there-
after, the responsible authority shall update the public document mid make any
changes necc=ry to Jat4irzoawuw ma.ntain :he accuracy of the nocument. 7hc
document shall be n:milable from the «soonsible authority to the public in ao
cordance with she Provisions of 15.1631 and 15.17.
Subd, 2. Copies to commissioner. The cornmlWoner tray -.:quire respon-
sible authorities to submit copies of the public document required in sub-
division 1, and may request additienal information relevani :o Mala collection
practices, policies and procedures.
Solid. 3. Standards for collation and storage. Collection and storage
of public• private or confidential data cn indts-duals and ust and dissemination
of private and confidential data on indisiduals shill be limited to that necessary
for the administration and management ei urornms sfccitlally outho•
rized,by the lerlslautre, total vovernina lodv or m+ndwed by itfe fedTrM Leven -
mens.
guild. 4.. Collection and use of data: general rule. Private or confidential
data on. in Individrtal shall - not be collected. mored, used or discminated by
political subdivisions. statewide svitems or state a.encies for env purprtua other
.than those stated to the Individual at the time of collection in atcnrdance wish
.section 15.165• except as P:ovlded in this subdivision.
(a) Data collected prior to Aurust 1. 1975, and which h ue cot taccn treated
es public data, may he used and disseminated for the puma—s Irr vdsfto m: data
was.ndglnally collected of for purposes which are sve:lllcal.v sonnsved hv.tt•o
commissioner as necessary to poblfe health. siferv, or welfare.
(b) Private or etmndential data mnv be used a -id rslvnrtro-mal Ic Individuals
be aaeneias specifically authorized access to that data by state a federul law suh+
sequeni to the rwllocsinn of the date.
(e) Private nr confidential date mov be used and dif—tilmied to Individuals
or agencies tubseuueni to the coliectitsn of the data when snerincuity approved by
the commissioner as narcitary to carry out n lunenon assisned by law.
•5•
F1
fdt Private data mnv be used by anti disseminated to anv ,eougn or a,encv if
the individual subiect or subiren of the data hats viven their tn.'omed cansens.
Whether a data subject has riven informed eenwrit shall be determined by rules or
the commissioner. informed consent shall not be deemed to i,utx been ejven by
an individual subject of the data by the sianina of anv sialm. ent authoriziatt anv
person or aftency to disclose information about h£n or her to ase insurer or its
authorized representa&z. unless the statemcrit is:
(1) In plain langoage:
2 Dated:
(3) Specifir in designating the tssrticular pertens or aaercita the data
subject is authorizing to disclose information about him or her.
(4) Specific as to the nature of the into.^mation Im or a::e is ruthorir£r,a
to be disclosed;
(5) Specific as to the persons or aceners to whom he or she is author£zs
Ing Information to be disclosed:
66)) Spenitc as to the purposa or purposes for tvh`.0 th- info". 3:Ica m
be used by any of the parties named in clause (5). both at the *tlmt or the dia-,
closure and at any time in the future:
i71 Specific as to Its explro1on date which Should be v£th:n a-rastutabte
period or time, not to exceed one yearexeept in the ease of authorizations oven
in connection with applications for life insurance or nonrancetabie or guaranteed
renewable health insurance and idenutied as Burn, two vears after the date of the
Policy.
'Subd. S. Data protection. Theresponsible authortiv &hall (11 Minh -
fish procedures to. assure slut ail data on fadhiduats Is sccusates complete, and
current for the purpm-s for which it u -As collected:' and $2) establish appropriate
.security safeguards for all -records containinv data on individuals:
Subd.d. .Contracts. Except at provided in 15.1691, subdivision 5, in
any contract between a sovemmmial unit subject to sectirms 15.1611 to 15.1699
-and- any parson. when the.conttact requites that data on individuals be made avail•
able to' the contracting p?rties by the. kovernmentat unit. that data shall be,
administered consistent with secuo.11 15.1611 to 15.1698. A eontractinq party
shall maintain the data an individuals which It received accordinn to the ctauttrry
provisions applicable to the data.
Solid. 7. Prepalatlon or summary data: The ma of wmmary data
derived farm orhntis nr confidential data on itidsviduats under the-ludsdictlon
of nna or more rtmonsible authorities shall be Permitted. flnlreclassified pursuant
to section.15.1642, summary data Is public. The tn"nsible authority shalt prepare
summary data from private or confidential data on iridrsddnaN upon ft reaucst or
any person, provided that the request It in writing and the coat of prorating rho
summary data It bome by the rqurm* pewee. Tilt ret;snris£bla authority may
dclettate the power to prepare summsry d+tit 11) to she ndminhtrasive ofOcor
•6•
•e�x.:i�!a fc: tray central repository of summary data: cr (2) to a person outside
oil it; ageicy if we person. in wridna. sets forth his purpose and agrees not to dis•
cJmer and the agency reasonably determines that the mess will not compromise
nfivate or confidential data on individuals.
ubd. 9. publication of access procedures. She responsible authod y
=3:1 nre,arn a Public document setting forth in writing the ri:.hts of the
amt cuh;ect pursuant to section 15.165 and the specific nrocedures in efieet in the
agency statewide system or political subdivision for access by the data sub-
iect to public or private data on individuals.
Subd.9. Inter„•ovemmental access of data. A responsible authority
zhatl allow another responsible authority access to data classified as not
rubtie only when the access is authorized or required by statute or federal law. An
,menry that supplies covermnent data under this subdivision may require the
_qac. nr, agency to pay the actual cost of supplying the data.
Data shal! hcva the same classification In the hands of the a=cv reectvinR it
as It had in the agency Providing It.
(M'. 15.1641 Is repealed. Much of the language los been rewr(rten and moved
to I1 S. 15.163)
15.1642 TEMPORARY CLASSIFICATION. Subdivision -f. Application.
The responsible authority of a state alieney, political subdivision or statewide sys•
tem may apply to the commissioner for permission to classify data or types of
t la pn Individuals as private or confidential, or data not on Individuals as non•
kl!c, for its own use and for the use of other similar agencies, political cub•
Rdh!ous or statewide systems on art-ettsergetty a temporary basis until a proposed
statute can be acted upon by the legislature. The application for ♦svmepvrey
itmnorary classification is public.
Upon the filing of in application for eraargeaoy temporary classification, the
Lata aitch Is the subject of the application shall be deemed to be clasrined as
forth In the Pppllestlon for a period of a✓a45 days, or until the application h
d;sapproved or granted by the commissioner, whichever Is earlier.
Subd.2. Contents of application for private or eonndentIA data. An
;Rp!scatlan fa, owiiespiey temporary classification of dxta on Intilv!duals
tis^'I Include end the applicant shall have the burden of clearly establishing
that no statute currently "its which
clthcr aPowa or forblds classification as private or eonfldentitl; o;I.l elthrr
.7.
f]
%La) That data similar to that for which the erx pfmd temporary classi-
fication is :ought has been treated as either private or confidential by other state
armicles or political subdivisions. and by the public; ewd or
(a) Lb) That a compelling need exists for immediate rrw oeeey temparary
classification, which if not granted could adversely affect the prblie interest of the
health, safety, well bein, or reputation of the data subject.
Subd. U. Contents of application for non-public data. An noolieation
for temponry classification of covemment data not on individuals shall
Include and the applicant shall have the burden of cleariv establishing that no
statute currently exists which either allows or forbids classification as nonoublie:
and either
(a) That data similar to that for which the temoorary classification Is sought
has been treated as non-public by other state acencies or Political subdivisions, ana
by the Public: or
(b) Public access to the data would render unworkable a orogram authorized
by law: or
(e) That a eompelline need exists for Immediate iemeorery classification.
which if not eranted enuld adversety affect the health. safer• or welfare of the
up blit.
Subd. 3. Determination. The commissioner shall either pant or dis-
approve the application for efflopepoy! tempnnry classification within 3445 days
after it Is Ned. If the commissioner disapproves the app@atlen, he shall set forth
in detafi his reasons for die disapproval. and shall Include a statement of what
classification he bellows is appropriate for the data which Is the subject of the
application. Xw Twemy days after the date of the commissioner's disapproval of
an application, the data which Is the ubject of the application shall become public
Alt' 0%4"lsidwek, unless the respondble authority submits an amended applies.
don for atuarwrpy temporary Classification which requests the e.assilication
deemed appropriate by the commissioner In his statement of disspprovai or which
sets forth additional information relsting to rhe original proposed c1pulllcation.
Upon the 'filing of an amended applfcation. the data which Is the subject of the
amended application shall be deemed to be classified as set forth in the amended
application for a period of"20 days or until the amended application is granted
of disapproved by the commissioner, whlchevzi Is earlier. The commissioner dun
either grant or disapprove the a^ended epplication within iS 29 days after it is
Ned. live working days after the date of the commissioner's duappronl of the
amended application, the data which is the subject of the application shall become
public data ars Individaak, No more than one amended application may be sob•
mitred for any, single Ne or system+vit4.-c4eta caw aa.WAA-Awk.
If the commissioner grants an application forernergemy temporary ciassinca-
tion, It shall become effective immediately, and the complete record relating to
the, application shall be submitted to the attorney general, who shall review the
classification as to form and legality. Within 49 25 days, the attorney general shall
approve the classification, disapprove a classiication as confidential but approve a
classification as private, or disapprove the classification. If the attorney general dis.
approves a classification, the data which Is the subject of the classification shall
become public data five working days after the date of the attorney general's dis.
approval.
(MS. 15.1642, Subd. 4., has been repealed.)
Subd. S. Expiration of temporary classification. Emergency classif ca.
tions granted before the effective date of this section are redesipnated as
temporary classRcations. All asaergexey temporary classifications granted under
this section prior to the effective date of this section and still Li effect shall expire
on July 31,14=0 IQ50.
'929 For purposes of this section, all temporary classifications granted prior to
December 1. 1979. shall be treated as If they were pranted in 1979.
Subd. Sa. On or before January 15 of each year, the commissioner shall sub.
mit all temporary classifications pranted In the prior year in bill form for legislative
consideration. Unless enacted by law, each temporary classification so submitted
shall expire 18 months after being granted and may not be renewed more than
Once.
IS.165 RIGHTS OF SUBJECTS OF DATA. Subdivision 1. The rights of
individuals on %whom the data Is stored or to be stored shall be u ml forth is this
section.
Subd. 2. An Individual asked to supply private or confidential data can.
eeming himself shall be informed of: (a) the purpose and Intended use of the
tequested date within the collecting state agency, political subdivision or statewide
system; (b) whether he may refuse or Is Icgsliy required to supply the requested
data; (e) any known consequence arising from his supplying or refusing to supply
private or confidential data: and (d) die identity of other persons or entitles
authorized by state or federal law to receive the data.
Subd. 3. Upon request to a responsible authority, an Individual shall be
Informed whether he Is the subject of stored data on individuals, and whether It Is
classified as public, private or confidential. Upon his Willer request, an individual
who is the subject of stored private data on Individuals shall be shown the data
without any charge to him and. If he desire, shall be Informed of the content and
meaning of that data. After an individual has been shown the ;sr;vcto data end
Wormed of its meaning, the data need not be disolosd to ItiM for :ix months
:hereafter uniess a dispute., or action pursuant to this section is pending or addi-
tional data on the Individual has been coliectc:d. The responsible authority %hail
protide copies of the private data upon reques' by the Individual subject of tho
data. The cost of providing copies shall be borne by the India!duA.
no responsible authority shall comply immediately, If possible, with any
request =do Pursuant to this tubdisision, or within five days of the date of the
request, excluding Saturdays, Sundays and legal holidays, If Immediate compilance
b not possible. if he cannot comply with the request within that time, he shall so
inform the individual, and may have an additional five days within which to comply
with the request, excluding Saturdays, Sundays and legal holieosy
Subd. 4. An individual may contest the accuracy or completeness of public
or private data coneeming himself. To exercise this fight, an Individual shall notify
in writing the responsible authority describing the sutura of the d'asgeement. The
responsible authority shall within 30 days tither: (a) correct the data found to be
Inaccurate or Incomplete And att=pt to notify put reciplenu of inaccurate or
incomplete data, including recipients named by live Individual; or (b) notify the
Individual that he believes the data to be correct. Data In ditputc &..all be disclosed
cnly If the individual's statement of disagreement Is fncludrd with the disclosed
data.
The determination of the responsible authority my be appealed pursuant to y�
Ow provisions of the adndnistrotive procedure act relating to contested cup.
1S.166 CIVIL PENALTIES. Subdivision 1. Notwithstanding section 466.03,
a polities) subdivision responsible authority or state agency which tlolates any pro-
vision of secUons 1;.Ida so 16.21W 15.1611 to 13.1698 b liable to a person who
suffers any damago as a mutt of the violation, and the person damaged may bring
an action against the political subdivision, responsible authority, statewide swum
or state agency to cover any damages sustained, plus cats and reasonable attorney
fees. in the can of a williid violation, the political subdivision, statewide system or
cute oyney stall, in addition, be liable to exemplary damages of not less than
$100, nor more thin $! No 510.000 for each violation. The ante Is deemed to
have waived any immunity to a cause of action brought under secties 441.144340
i&MU 1S.1611 to 15.1698.
Suhd. I A political subdivision, respontitle suthcrity, e31104114 rti-stnn u
:tate agency which Vio)otes or proposes to Violate actions 4&46;-Ift .ISAWi
15.1611 to IS.1698 may be enjoined by the district court. The scum may Mahe
any order or judgment as may be necessary to prevent the nie c r rm;'oyment by
any person of any practices which violate sections .4w, t, ' • ' f " 15.1611 to
15.1698.
^, U 7. : o acPcn Sled pj=z.t to this section may be eommenccd int thx
county In which the individual alc tg damage or reekins relief resides, or In the
county whcreLn, the political subdivision exists, or, In the ase of the state, any
county.
Aun,L t. in addition to the t'cnedies provided in subdivision% 1 to 3 or any
miter any ax-deved person mtv bring an action in district court to eompal
ecnmtianc •vith sections 15.1611 to 15.1698 and may reeovfr costa and disburse•
rnznts, incl :in_ rmonable attornov's f: -s. as detemdncel by the court. If the
cc;rrt C^t=lnes that o rrouest for zovernment data is frivolous and without merit
and a 1:^.:,'• !n fact, it may award reasonable costs and attorney fees to the respon•
s:bh au:hcity. The matter shall be heard as soot as possible. In an action fnvoly
Inst a teoucst for government data under 15.1621 or 15.165, the court may inspect
In camera the eovemraent data In disnute. but shall conduct Its hearing In public
and In a manner that protects the security of data elasdned as not public.
15:57 PENALTIE2e. Any person who wLfuily violates the provisions of
actions 15.162 to 15.1671 or an; la.dul rules and regulations promulgated there -
Under 12 &u1117 of a misd:meanor. Viand violation of sections 15.162 to 15.1671
by any public employee constitutes just cause for suspension without pay or dls-
missal of tho public employee.
15.1671 DUTIES OF THE COMMISSIONER. The etim ilsaloner shall with
the advice of the InterfpvcrnmmtA information senices advisory council promul-
g�te rules, in cccotdance with the rule4raUng procedures In the administrative
procedures act which shall apply to state agencies, statewide systems and pollticcl
subdlvlsicns to Implement the enforcement and adminhirmlan of sections 15.162
to 15.169. The rules shell net affect section 15.165, telating to rI&hts of subjects
sf data, end ssctlon 15.169, telating to the powers and duties of the privacy study
eommisipn. Prior to the adoption of rules authorized by this section the commis-
goncr sh:11 give rotlea to all stile ailencies and political subdivisions Li the same
wannor and In iddltlon to other parties as required by section 15.0412, sub-
C!vlr!o;i 3, of the Cate and rl:cs of heating, enclosln` a copy of the rules end
s.; �Irlons to be sdon:cd.
X5.1691 WELFARE DATA. Subdlvitiri t. DtGnitics:. As user) In this
CA "Individual" means art IndlvWual pursuant to section 15.IF.2,subdlvielon 4,
but Goes not Intdude a vendor of services.
fb "Pr i'"'etude, all ptofaatns for wldch authority Is vested In a came
ponent ni the welfare system pursuant to statute or federal law.
•11•
(c) 'Welfare system" includes the dWartmcnt:of'oublic welfare, county wel.
fata boards, human services beards, community mental health boards. state hos.
pitals, state nursing (tomes, and Persons: agencies, institutions, organizations and
other entities under contract to any of the above agencies to the extent specified
in the contract.
Subd.2. General. Unless the data is summary data or a statute see.
elficaliv provides a different elatslfication, data on individuals collected. main-
tained, used or disseminated by the welfare system is private data on individuals.
and shall not be disclosed except:
(a) Pursuant to section 15.163:
(b) Pursuant to a valid court order.
(c) Pursuant to a statute specifically authorizing access to the private data:
(d) To an agent of the welfare system, including averopdate law enforcement
Personnel. who are acting In the investigation. Prosecution, criminal of civil pro•
eeedine relating to the administration of a protram; -
fc) To personnel of thewelfaresystem who reoulre flit data to determine
eligibility, amount of assistance, and the need to provide' services of additional
Programs to the individual;
U) To administer federal funds or programs: or
fe) Between nerumnel of the welfare system working In the same program.
Subd.3.love tigatly .dais. Data' collected, maintained, used or dis•
geminated by the weifaro system in an investgsllon, authorized by statute and,
relating•to the enforcement of rules or law, is confidential Pursuant to section
15.162, subdivision 2a, and shall not be disclosed except: o
7u), Pursuant to section MIN:
(b)' Pursuant to statute or valid coinuordei:
t(e1 To a party named In a, civiI'6 cdminil proceedinp..adminlstrative or
itvdiclglr.for preparation or defense.
After presentation in court, Elie ,dais-shall be public dais on individuals-to the
extent reflect:d in court records.
-'Subd. A. licensing data. All dais pert+inlnqq to persons licensed of
rctl;t red under the suthority of.tlas commissioner of public welfare. except for
Personal and Personal financial is submitted by applicants and licentees under
the. home day care ptoaram end the family foster care Prozram. Is public data.
Pcrseval and sersonal fInanchl data'on,hrmne-day care nromem and family foster
caro ptotxam applicants and licensees is private data Pursuant to section 15.162,
subdivision So.
t
12-
j
Solid. 5. Mrdicat data, contracts, L'ata relating ro ilia medical= osvcltat^i:
at mental health of any person. inciudina disenosis, sit"ress ehartst trent•
ment received, case histories, and opinions of health caro provider, which Is
collected, malmalned, used or disseminated by a private health care provider under
contract to any agency of the weifare system is private data on individuals, end is
subject to the provisions of sections 15.162 to 15.1671, and this section, except
that the provisions of sectiun 15.165, subdivision 3, shall not apply. Access to
medical data referred to in this subdivision by the individual who is the subject of
the data is subject to the provisions of section 144335.
Subd. 6. Other data. Data collected, used, maintained or disseminated
by the welfare system that is not data on indivtduNs is public pursuant to 15.1621
And 15.17.
15.1692 PERSONNEL. DATA. Subdivision 1. As used in this section,
'personnel data" means data on individuals collected because the Individual is or
ups an employee of of an applicant for employment by a state aaency,statewide
system or political subdivision.
Subd. 2. Except for employees described In subdivision 6, the fullowinp
personnel data on current and firmer emplowcs of a state Agency. statcuide
system or political subdivision is �ubllc: name; actual cross salary; salary range;
actual atoss pension; the value and nature of employer paid fringe berelits; the
hails fart -M the amount of spy added remuneration, ineludin0. expense reimburse•
ment, in addition to sataty; lob title; lob description; education and training back.
around: previous work experience; date of first and last employment; the status
of any complaints or chanes avainst the employee. whether or not the complaint
or charge resulted in a dls iplinary actlom and the final disonsition of any dis-
clphnary action and supporting dgcumentatlon.
Subd. 3. -Except for applicants described in subdivision 6, the folloulnSi
personnel data on current and former applicants for employment by a state aaencyt
suteivide system or political subdivition is Public: veteran status: relevant Iasi
scores: tank on elioible list: job hbtmy: education and training; and work avail-
ability. Names of npplicenis shall be private data except when cerdlled as clialble
for appiliniment,to a vacancy.
Subd. 4. Personnel exnminalions and ans"r keys are confidential, except
pursuant to a.valld court order.
Subd. 5. All other personnel data is orivate data an individuals, except
pursuant to a valid enurt order.
Subd. 6. All pcnannel uta :naimained by ally state aectuv, statewide sys•
tem or Political st,bdivlden Watina to all Individual empinsed as ut an applleanl
"M
8
for employment as cn undercover law enforcement o7cer is private data on
individuals.
15.1693 EDUCATIONAL DATA. Subdivision 1. As used in this Lection:
(a) "Educational data" means data on indlAduals nssintcined by a pub!',e
educational agency or institution or by a person acting for the acencv or institu.
tion which relates to a student.
Records of Instructional personnel which are In the sole yossession of the
maker thereof and are not accessible or revealed to any other individual except a
substitute teacher, and are destroyed at the end of the school veer, shall not be
deemed to be gmemment data.
Records of a law enforcement unit of a public educational agency or instittt•
tion which are maintained apart from eduntion data and are maintilned solely for
law enforcement purposes, and are not disclosed to Indhiduals other than law
enforcement officials of the iudsdiction are consldcntial: protided. that education
records maintained by the educational agency or Institution we not disclosed to the
personnel of the law enforcement unit.
Records relaiing to a student who Is employed by a public educational aRency
or Institution which are made and maintained in the normsl course of business,
relate exclusively to the individual in that IndNidual's capacity as an emulovee, and
are not available for use for any other purpcw are classified pursuant to section
15.1692.
(b) "Student" Includes a person currently or formerly enrolled or reRlstered,
and applicants for enrollment or rerjoretlon at o public educational agency or
Institution.
(cl "Substitute teacher" meant an Individual who perfomu on a temporary
bash the duties of the individual who made the record, but does not include an
Individual who permanently succeeds the maker of the mord In'his position.
Subd. 2. Except as provided In subdivision 4, educa9onal dataAs private.
Gala on Individuals and shall not be dlmlused except as follows:
Se) Pursuant to section 15.163:
(b) Pursuant to a valid court order;
(e) Pursuant to a statute specifically sulherizing actasa to the private data;
(d) To disclose Information in health end mfety emerEencles pursuant to the
Provisions of 20 U.S.C., Section 1212g(h)ilyl) and 45 C.F.W. Section 99.36
which are in effect on the effective date of thlt section; or
14•
(c) l'unu-wrto-the.provislens "6f'20 IJS.C,. Section's 1232ifb)(11.IMQ41(A).
(b)S1)(0)_ Sb)(Il(0). (b)(3) and 45'CYA., Sectisms'.9931r,99.32. 19?3. 99:34
and Sec. 9035 vhIch ate In effect on the'ertective'date of this'section.,
Subd. 3. A student stall not have the right 'of access to edvato data'vrovided
In section 15.165 subdivison 3, as w.ihanclat records and statements -of tis
parents or any information contained therein,
Subd.4. Information dcsi=nated as directory information oursuart to tho
provisions of 20 US.C., Section I232q,ond temilalions adopted pursuant thereto
which are in effect on the effective date of this section 1; public data on'Indl• 4
viduals. -
15.1694 ATTORNEYS. Notwithstanding, the provisions of sections 15.162
to 15.17, the use, collection, storaao,"and disscminason'of data by an attomey
acting in hii professional'cSpacity for the statet a state agency or's political sub•
difton shall be itovemed by statutes, rules, and mofcrlonal standards concerning
discovery, production of"documents, introduction of evidence, and' profe sionA
reseonsibility; provided that .this section shall not be,construed to-.affcrt rim
applicability of anv statute, other than:sections 15.162 to 15.17, which sneeificailx r
reoulres or prohibits'disclomm`of specific informatlon by,the attornevr nor shall
this section be "conwued'to relieve Pny' responsible authorliv, otherthan the
attorney, from Ws dudes and responsibilities pursuant to sectlons'15.1611 to.15.17i
15:1695 `LAW .ENFORCfh1£NT "DATA.. Subdivislon 1: )%%I:n eollectei,
ereeteA,-or rtielniatoed 4F taw.enforeement agencies including municipal police
departments, eounty,sheriff,departmente, the bureawof criminal'apomhcnson, the :
Llinnetota'state 'patrol. the peace'ofnecrs standards and training board,,orpublie,
'prosecutors or
(o) Data pr( pirtlelpants=ln'. edme".prevention programs Including-ltiti_of'
prdoettywith identification numbers or evaluations or iecummenibilons related^to
atruetural rccurity agninsrunauthorived entry Is private and
(h) D5tl3eontalned.mi "liteWent-coniplalni'. Rpaltsr varlausy tallcd'.top -ur
dockatt�com; rldnR a chronoigleal record of events, shall he public: provided that
-data on individuals which could reasonably be ince to doternilre the identity of an " -
-undercover orpntt Informant, or victim of erhnlnal sexual cnndu ct shall he private"
data on Indlviduelsl^provided furtherthat any otherdata classified by law to nd•' --
vsto or'conOdentiol contained In Incident complaint mr,0111 shall remain' private
or confidential 'data.
Subd, 2, Nnthtnp In thin chnpbtr stall prohibit the exchanca of Infelmallen
bylaw enforcement arencles provided ihe,exrhanged Inrutnradon ii pertinrui and, `
necessary to the rcnuestinn nncncy in initiating, furtherine. or romnletimt an
InvestIption.
Subd. 3. Information rellect:np. deliberative processes or briestii live tech
Piques of lav/ enforcement apircics is confidential; provided that information.
reports, or mcmormida which have been adopted as the final opinion or instifca-
tion for decision of a law cnforccmant agency am public.
Subrl. 4. Nothing in this section &hili be held to expand or limit the scope
of discovery available at law to any party In a civil, criminal, or administrative
proceeding.
15.1696 DATA ACCESS FOR CRIME ViCTIMS. 'rho Prosecuting author•
ity shall release Investigative data collected by o law enforcement agency to the
victim of a criminal act or his lepl representative upon written request unless the
nrowcutinr, authority ransonahiv believn:
(a) That the release of that data will interfere with the fnvesticalirn; or
(b) That the request is prompted by a desire on the part of the requester to
engace In unlawful activities.
15.1697 ELECTED OFFICIALS; CORRESPONDENCE: PRIVATE DATA.
Correspondence between Individuals and elected officials is private data on Indi.
viduals, but may be made public by elthcr the sender or the recipient.
15.1698 MFDICAL DATA; Subdivision 1. Definition. As used in this
section. "directory information" means name of the patient, dale admitted.
general condition. and data released.
Su6d.2. Access to records. Access to medical data in the possession
of n political subdivision, state appy, or statevlde system, by the Individual who
is ilia subitct of the data Is subject to the provisions of section 144.335.
S:ibrl. S. Public hospitals,. directory information. If a mason is a patient
in a hoepitA operated by a state afenep or eolitleal subdivision pursuant to
legal commitment, directory Information Is -public data. if a person it a patient
other thin pursuant to eommitmrnt In a hospital controlled by a ante arenev
as political subdlvWri, direetery infomrattln Is public data unless the patient
rt -quests mhcrwhs , la which cvxe It h private data on individuals.
D;reetop( Information about an emerfency patient who is unable to con•
munienre which is pvh!ie under this subdlvislnn ,hall not be released until a
-16-
reasonable effort Is made to notifv the next of kin. Abboud) en Individual has
regueskd that directory information be Private, the hosotul cars, release directory
information to a law enforcement aeenev Pursuant to a lawful investteation per•
tatnfnt to that Individual.
(MS. 15.17, Solid. 4, is effective January 1,14"c0.)
15.17 OFFICIAL RECOM. Subdivision 1. ?dust be kept. All officers
and agencies of the state, and all officers and agencies of the counties, clues and
towns, shall make and keep all records necessary to a full and accurate knowledge
of their official activities. All such public records shall be made On paper of durable
quality and with the use of ink, carbon papers, and typewriter ribbons of suck
quality as to insure perrn stent records. Every public officer, and every county
officer with the approval of the county bard, is empourred to record or copy
records by any photographic, photostatic, microphotographic, or microfilming
device, approved by die Minnesota historical society, wftich dearly and accurately
records or copies them, and such public *Meet or such county officer may makc
and order that such photographs. photostats, microphotographs. microfilms, rsr
other reproductions, be substituted for the orighsals thereof, and may direct the
destniction at aale for salvage or other disposition of the odginah from which the
same were made. Any such photographs, photostats, micropbotographs, rioro-
films or other reproductions so made shall for all purposes be deemed the original
recording of such papers, books, documents and records to reproduced when so
ordered by any officer with the approval of the county board and shall be ad-
missible as evidence In all courts and proceedings of every kind. A facsimile nt
exempiifled or certified copy of any such photograph, photostai,microphotograph,
microfilm, or other reproduction, or any enlargement or redurdon thereof, shall
have the same effect and weight as evidence as would a fetor ed or exemplified
copy of the original.
Solid. 2. Respon,ibility fa$ records. The chief edminbrothe officer of each
public agency shalt be responsible for the preservation and cue of the agency's
public records, which shall Include written or printed boolul, papers, letter, con-
tracts, documents, maps, plans, and other records made or received pursuant to law
or in connection with the tranwilon of public business. it shall be the duty of each
such agency, and of the chief administrative officer thereof, to carefully protect and
pictcnus public records from deterioration, rarutliation.loss.atdestmctfon. Recordsor
record books may be repaired, reno%lied, or rebound when necessary to preserve
them properly.
Sulci. 3. f ielivery to successor. Fury legal custudian of public records, at
the expiration or his term of office or authority, or oa his desth his legal repre-
sentativo, shall deliver to his successor in office all public records in his custody:
and thi successor shall racy 1pt thciefor to his predecessor or his legal reprounta•
live and shall file in his office a sir.d acknovuledynent of the delivery. Every
public officer :hall &,mind front his predecessor in office. or hit legal rcprescnta-
tl%V. the dcilvery of all pudic records belonging to ids office.
Subd. 4. Accessible to public. 6wry
apfaq.-Mem and
-"779-
fil as meassible let amswplam ese Poprillmea a
44, fifteept as Whemise emples— V -Aded by low, he ";I,Pff
,Asti.. -A, L. '. ."J, 3tweewdr-ov
is supervision asil
.m Old MhA mram ths deme"d 0;
) Palsoll, WrAish, 09
jdVeme 6 0; A a a A 0:
Vagkienee W My sheli be ellows Posem-A", l--,
Idea by
I"* Access to records containina puvemmm, data is t:avemed by 15.1621.-
.........................................................
NOTE: The following section was added to the Data Privacy Act by the 1978
UzIslature. However, this section will not become effective until April 1. 1990.
IS.1643 INTERNATIONAL DISSEMINATION PROHIBITED. No state
29cacy or political subdivision &Wl transfer or dl=rnlrusta any private or con.
fldentW data on Individuals to the private international organisation known as
Interpol.
Teiepho— 7952711
I
a
I
I itcy o/ "ffl..ficA
250 East Broadway
MONTICELLO, MN 55362
MEMORANDUM
TO: City Counei.t
FROM: Gary UliebeA J
DATE: January 11, 1980
SUBJECT: QuaAteA.ty Depaddment Head Meeting - Pubtic Wontre Dept.
Enc.toaed, pteaae bind an updated copy o6 the City o6 MonticeUo'a
anow Aemovat pot.i.cy bo& con.e.idewAion duAing the Qua&teA,ty
DepaAAnen.t Head po#-ion 06 .the Councit Agenda on Monday,
January 14, 1980.
In addition to the snow Aemovat policy, a detai.Ped pean
suppon,ta thio poticy, which invotvea a achedute o6 what
indiv duat ca going to coven what area, etc.
C>!o1 ne
ENC L.
Wolcomo to Thlonlicallo .. . f l a ntounlain
R.—. Lino 3335739
Monticello -Big yoke Community Hospitol
To: City Council January 14, 1980
Gary Wieber
From: Gene Freed, Executive Director
Subject: HOSPITAL CLINIC
The Monticello -Big Lake Community Hospital Board of
Directors has been approached by the following specialty
physicians; _ _
1. Dr�Khor sand, Urology
2. Dr. Shattuck, OB -GYN
3. Dr':'Mandavi, UNT i
4. Ur. Teskti',' 6pthamology(''�l
5. Di.�Cameron, Opihamology '
6. Dr. Buselmeier_ Dermatology
to construct a multi -specialty clinic attached to the
hospital. The hospital board strongly supports the concept.
Mr. Tom McKee, from T1MCO Construction, is the developer and
organizer. One of Mr. McKee's questions was - does the
community support an expansion of medical professionals and
additional clinics?
I and the Board would urge the Council to make a statement
in support of the multi -specialty clinic.
Thank you. p
Sincerely,
ff
`oD
Gene Freed V v
Executive Director 2
N
GIT: cs
1013 E. Broodwoy MonticellofT R 55362 (612) 295-294
COUNCIL UPDATE
January 1980
1. Howard Dahlqren Report on Oakwood Property.
This report should be completed for the first meeting in February. In
light of the recent situation with the referendum being defeated on the
administrative building for the School, the report by Howard Dahlgren
will probably take into consideration a couple of alternatives for the
siting of the library. In talking with Shelly Johnson, School Superinten-
dent, it would appear that the School is now interested in developing
an administrative building as an addition to the present offices by the
high school. As you may recall, initially there was some consideration
given for developing a joint parking lot with the School administrative
building on the block south of the Oakwood property. It would appear
that some alternatives for the development of a parking lot for the library
would be as follows:
A. Negotiations with the school district for additional land on the block
south of the Oakwood property, and negotiations with Mr. Bondhus on
the release of the covenants in order to build the parking lot.
B. Consider the possibility of additional land acquisition from Mr.
Bob Dowling.
C. Development of a parking lot across the street in the Oakwood Block
for the library which would be situated in the block south of
Oakwood.
D. Development of the library and the parking lot in the same block as
Oakwood.
2. Estimated Costs for Removal of Oakwood School Buildinq.
If the Oakwood School Building wore to be removed, a decision that has not
yet been reached by the City Council, an estimate has been received by a
contractor of $39,000. If the City were to remove the building and have
the soil compacted for future construction, it would cost $48,000. It
should be pointed out that these aro estimates and are not to be considered
quotations, as ouch.
3. Erection of No-Parkinq Siqns from 2100 A.M. to 6100 A.M.
As a result of a decision by Judge Swenoon, who has ruled that he will not
prosecute violators of the City's ordinance relative to no parking on City
streets from 2 A.M. to 6 A.M. during the period of November 15th to April 15th
unless signs are pouted, signs have been ordorod to be erected at all
entrances to the City of Monticello.
4. Commuter Parkinq Lot.
Approval has been given by Wright County to transfer the property it has
received from the State which lies just north of Monticello Ford and
southwest of the 1-94 interchange. Our building inspector will be drawing
up plans and specifications to have this area bidded for hardsurfacing.
Proper drainage will have to be provided to meet the approval of the State
of Minnesota in order that no drainage be diverted to the I-94 area.
S. Sludqe Disposal Site.
An appraisal has been received from Jack Maxwell relative to an 89.7 acre
site that is currently owned by Greg Smith, Gary Pringle and John Sandberg.
This appraisal came in at $318,000. However, the owners of the land have
had another appraisal which was done for them that was $540,000. The
indication from the owners of the property was that they would be willing
to negotiate a price somewhere between the two appraisals. Additionally,
letters have been sent out to property owners who have sufficient land
and are within a five mile radius of the Treatment Plant regarding the
possibility of having sludge applied to their property. Eventually, a
feasibility report showing the best alternative will have to be submitted
to the EPA for consideration for funding. This entire process will
probably take two months before it is ready to be presented to the City
Council.
GW/ns
0
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197,F
6 C r iB�E
/479
2.02-
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.10L Kr
V3 B4,,O—e P-
ED
eC
044stu.r OALge
y2e oeo �3o Om'e
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rs 0,cmo
yye o
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7733
1/067
,r /e e 2 96
S/Vp
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7
Iv ? ;AL
II
TAYaJ
3 v9
7pf
p
1111.
Ir 1.
M.• 1 2
-Siv.1
Stas/ S2. so
//a
Z3?
G...4
27.740 22.49
S/
/02
/7Y
-ss
ODOR
A 91 /.9/
11
9
�.�
21.
L IT -4
27-971 22.90
C/
/e7
2S7
29G /ee.aa
22q
yS/
7/f
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C.ur -esy of
I:It1C117' COIIhTY '111.1: RATES -1979
undid S. Dmiglat.
Urlghr- rounty
Audtc.or School
Sc4on1
County
Twp.
Wut.
TOTAL.
Cotinty
1w11.
!tint.
TOTAL
10:YpSIILPRRa_tl+
Rntc
Rnte
Rate
TOWhS111PS Rate_RntciRatc_Ra.r0.
Albino _
Otsego**
466
22.760
14.781
60.830
98.371
728
22.760
11.458
6.4.548
1 6(1
876
22.760
14.781
53.696
91.237
882
22.760
11.458
52.651
88.78:,
$7616
22.760
14.781
53.696
92.237
885
22.760
11.458
67.287
'^+.41!
680
22.760
14.781
75.318
112.859
Rockford
881.
22.760
14.7P,1
59.680
97.221
877
22.76D
12.163
51.532
r,�'S
981*
22.760
14.781
59.680
98.221
879
22.760
12.163
59.151
94.274'
nuffaIo
883
22.760
12.163
56.175
91.09E
877
22.760
8.286
51.532
82.578
Silver Creek"*
A82
22.760
8.286
52.651
83.697
876
22.760
7.808
53.696
06,17E
Cha than
881
22.760
7.808
50.680
92.)67
877
22.760
6.259
51.532
80.551
882
22.760
7.808
52.651
85.133
881
22.760
6.259
59.680
88.699
South::ide
Clearwater
876
22.760
5.636
.53.696
81.892
742
22.760
5.776
54.500
83.036
876*
22.760
5.436
53.696
82.892r
742*
22.760
5.776
54.500
84.036
Stockholm
876
22.760
5.776
53.696
82.232
425
22.76n
9.992
63.970
94.722'
876*
22.760
5.776
53.696
83.232
466
22.760
9.992
60.830
93.582
882
22.760
5.776
52.651
81.187
880
22.760
9.992
75.318
109.070
Cokato
Victor
466
22.760
11.774
60.830
95.364
427
22.760
9.392
53.940
86.092.
Corinna
466
22.760
9.392
60.830
92.982
876
22.760
9.460
53.696
85.916
880
22.760
9.392
75.318
107.470
876*
22.760
9.460
53.696
86.916
Woodland
881
22.760
9.460
59.680
91.900
111
22.760
10.424
73.965
107.149
881*
22.760
9.460
59.680
92..900
877
22.760
10.424
51.532
i 16'
Frankfurt
879
22.760
10.424
:x9.351
+35
728
22.760
10.949
64.548
98.257
880
22.760
10.424
75.318
101;.502
877
22.760
10.949
51..532
85.241
CTTITS
885
22.760
10.949
67.287
100.996
AlM+rtvllle
Prcnklin
728
22.760
33.139
6.,548
1!0.46'
111.
22.760
10.331.
73.965
107.056
885
22.760
33.119
6i.287
125.186
877
22.760
10.331
51.532
84.623
Annnndale
879
22.760
10.331
59.351
92.442
876*
22.760
27.290
53.696
104.746.
883
22.760
10.331
56.175
89.266
Buffalo
'French Lake
877
22.760
10.470
41,532
84.762
466
22.760
10.599
60.030
94.189
Clearwater
876
2.2.760
10.599
53.696
87.055
742
22.760
21.232
ia.500
944.492,
076*
22.760
10.599
53.696
88.055
742*
22.760
21.232
54.500
99.492
l:nple Lake
Cokato-466
22.760
2 5. 525
1.3'W
10'4.115
877
22.760
5.215
51.532
79.507
DayLun-729
22.760
8.844
1,4,81,8
or, .15.1.
881
22.760
5.215
59.680
87.655
Delano -879
22.760
14.2)9
',9.151
96.350
862
22.760
5.215
52.651.
80.626
11nnover-.377
22.760
1.1. 146
51.534
87.438,
t'arynvIIJ a
885
22.760
13.146
6'1.287
103.1931
877
22.760
4.348
51.532
78.640
Howard Lake
1
880
22.760
4.348
75.318
102.426
880
22.760
22.377
75.318
120.455;
081
22.760
4.348
59.680
86.788
Maple Lake
:liddleviI10
881
22.760
20.800
,9. ()80
11)3.74tl;
466
27.760
7.955
60.830
91.545
'1„ntieel lo**
$g0
22.760
7.955
75.316
106.033
882
22.760
22.471
57,6ti1
1(j0.296
E)A1
22.760
7.955
59.680
90.395
Montrmw-R77`12.760
28.467
,1.512
!(�' S9
:'.anticellc**
Rockford -8111 22.760
14.916
,(,.175
i 1.
877
22.760
3.612
51.532
79.818
St. Michaol-
C82
22.7610
3.612
52.651
80.937
885
22.760
16.305
67.287
1116. IS?
885
22.760
3.612
67.287
95.573
8u Haven -P-7-6 22.760
12.444
, 4. 696
q'),4tT
8761*
22.760
12.,144
, 1.69(.
0.4(t.;
* WATER
S111:D DISTRICT -
1.000
Wnverly-880
2^.760
19.779
'x.111
11) 01
:r mi- ,.r -.t
n„vrtrT
-
i.nl4