City Council Agenda Packet 02-13-1984AGENDA FOR THE MEETING OF THE CITY COUNCIL
Monday February 13, 1984 - 7:30 P.M.
Mayor: Arve A. Grimsmo
Council Members: Fran Fair, Jack Maxwell, Dan Blonigen, Ken Maus .
1. Call to Order.
2. Approval. of the Minutes of the Regular Meeting Held on
January 23, 1984, and Special Meeting Minutes of January 23,
1984.
3. Citizens Comments/ Petitions, Requests and Complaints.
Public Hearinqs
4. Public Hearing - On -Sale Wine License/ 3.2 Beer On -Sale License.
New Business
5. Consideration of Approval of On -Sale Wine License/3.2 Beer On -
Salo License, Applicant - Floyd Kruse.
G. Review of 1983 Year End Liquor Store Financial Statements.
7. Consideration of Authorizing the Preparation of Plans and
Specifications for an Addition to Pump House 01 and tlio Rebidding
of an Addition to Pump House N2.
B. Consideration of Adoption of a Resolution Prohibiting Handicapped
Discrimination.
9. Consideration of Approving Shared Expense for Gary Anderson to
Attend Nuclear Worksliop in Oakridgo, Tunnossoe.
10. Consideration of possible Acquisition of Tools and Minor Equipment
for Various City Departments.
11. Consideration of a Resolution Adopted by the County Commiusi onor
Revoking a County Highway Known as Oakwood Drive.
12. Adjournment.
L MINUTES
REGULAR MEETING - MONTICELIA CITY COUNCIL
January 23, 1984 - 7:30 P.M.
Members Present: Arve A. Grimsmo, Fran Fair, Jack Maxwell,
Dan Blonigen, Ken Maus.
Members Absent: None.
1. Call to Order.
-. Approval of Mi nnt4s.
A correction was noted under item 3, Citizen's Comments, changing
the name from Barb Hummel to Barb Hellman. After noting the
correction, motion was made by Fair, seconded by Maxwell, and
unanimously carried to approve the minutes of the January 9 meeting
as presented.
3. Citizens Comments/Petitions, Requests and Complaints.
Mr, Bob Ilarwarth questioned whether any plans were in the works
by the City for curb and gutter along West River Road near Otter
Creek. Mr. Harwarth was concerned about the traffic that is
continually cutting the sharp corner resulting in the boulevard
portion being used for roadway purposes. He felt that possibly
curb and gutter would eliminate this problem and further define
the roadway surface.
Council members discussed with the Public Works Director whether
some other type of moaeuros could be taken by the City to slow
down the traffic in Lha area and also make the corner safer by
possibly installing soma sort of guard rail harrier or possibly
just curbing a small segment of the street around the corner. Mr.
Ilarwarth also asked if the City couldn't consider possibly establishing
some sort of road R -an West River Street that would connect to County
Road 75 in the area of the bailor park, which would help alleviate
some traffic using West River Street and Otter Creek Road to got to
County Road 75. It was noted that the City would check on a possible
alignment of tile. present Konnoth Inn(. in Ritze Manor to sea if this
could some day be extondad to County Road 75 to provide an alternate
access.
4. public Iluarinq - Revocation of Oakwood Drive by Wrrght County.
Mr. Wayno Fingalsun, Wright County Engineer, was prosont at Lilo
meeting to conduct a public hearing on the County's proposal to
turn over twngrshih of a portion of Oakwood Drive hctwoen Highway 25
- 1 -
Council Minutes - 1/23/84
and Gould Bros. Chevrolet to the City of Monticello. Mr.
jI Fingalson explained that as part of the I-94 construction in
the early 70's, the State of Minnesota constructed a bypass
service road to connect the old township road to Highway 25
and turned this road over to Monticello Township when the I-94
segment was completed. In September, 1974, the City annexed
this area into its city limits, and the Township stopped main-
taining this segment of road. The City, therefore, began
maintenance in the fall of 1974 assuming it was a City road;
but actually the State of Minnesota released cr.nership of this
street to Wright County in 1975. The County is not interested
in keeping this segment of road as a County road, and as a result
is planning on turning over ownership now to the City of Monticello.
Questions were raised by the Council as to whether the City should
be reimbursed for its past 95 years of maintenance expense and
also 1983'8 large expenditure for overlaying this segment of road
with bituminous surfacing. Normally, before the County can release
ownership of a road to a municipality, the road has to be brought
up to County standards. The $13,000 the City of Monticello spent
improving the road last year possibly should have been a County
expense before the road could be given to the City.
When the State of Minnesota turned over Oakwood Drive to the County
in 1975, the State of Minnesota also turned over land which is now
`
the commuter parking lot to Wright County, which the City acquired
f
._. in 1981 for the use as a commuter parking lot. Before tho County
conveyed the land to the City for the parking lot, they attached
a covenant restricting its use only for a commuter parking lot or
it would revert to County ownership. The Council questioned Mr.
Fingalson as to whether the County would release this covenant as
part of the deal to accept the Oakwood Drive road. Mr. Fingalson
noted that on December 20, 1983, the County Board again passed a
motion indicating that the covenant would remain on the property.
It was also noted by the Public works Director that if the City
accepts this road, the City of Monticello will be incurring a large
expense in 1985 due to the planned upgrading of Highway 25,aa the
City would now be the owner of the property and would have to share
in the cost of the improvements including a stop light, which could
result in a $30,000 expense to the City. Mr. Fingalson noted that
it is the County'a intention to give the road back to the City ro-
gardleao as to whothor the City wants the road or not but noted that
the County may be receptive to some sort of nogotiotions on pact
improvements or other consideration.
After considerable discussion, it wau the consensus of thu Council that
Mr. Fingalson relay to the County Board tlw City of Mun tieello's desire
to accept this segment of Oakwood Driva contingont upon 1) that the
County remove the covenant it placed on the commuter parking lot
2 -
Council Minutes - 1/23/84
property, 2) that Lite County consider improving County Road 75
from tit,, Monticello high School to East County Road 39 with
shoulder improvements at their expense rather than being shared
with the City, 3) that possibly the County consider reimbursing
the Ci Ly for some of Lite additional expense that the City will
be incurring because of the planned Highway 25 improvements at
this intersection resulting in an additional cost of approximately
$30,000 to the City.
Mr. Fingalson noted that our comments will be forwarded to the
County Board for their consideration on Tuesday, January 24, at
10:00 a.m., and lie would get back to the City Council on their
decisions.
5. Public Ilearinq - Rezoning Request to Rezone from R-1 to B-3,
Applicant - City of Monticello.
A public hearing was held by the City of Monticello to consider
the possibility of rezoning from R-1 to B-3 an area located south
of Golf Course Road (County Road 39 west) and the intersection of
Elm Street. The initial action stems from a request by Mr. Marvin
Scherer to build a storage building on his property adjacent to
County Road 39 located next to the Bridgewater Telephone Company
storage property. Through previous Planning Commission and City
!^ Council action, Mi. Schcrer's request for a storage building was
dunicd, as the property was zoned residential; and Mr. Scherer's
planuud building would not be in conformance with the CompLehensive
Plan. A public heariny was requested to consider the pousibility
of rezoning thea area to commercial, as additional property in the
area is currently piny used for purposes other then residential
such as Lhu Bridgewater property, Griefnow Shect Metal facility,
and oLher usus illicit au CSP and City Maintenance Garage.
The Planning Commission, in reviewing Utis rezoning request, felt
that Lite area does LtLill have residential uses and is adjacent to
a large rouidential development, Country Club Manor, and that the
property should still remain reuiduntial in use.
Mr. Marvin Schurer again indicated that ho felt the property should
be rezoned to commercial, an none of the adjacent property owners
have objected to the rezoning. Councilman Maus noted that the area,
in Ilia opinion, is predominately used for other uses rather than
residential, and pocuibly tho City should consider rezoning this
area to commercial or industrial. Councilman Blonigan also felt
the City should consider as part of its Comprehensive Plan review
the pocuibility of placing hotf Auto Parts in its proper zone,
which would be industrial, rattier than leaving the property residential,
(_ which just hinders their operation.
I
4
- 3 -
v
Council Minutes - 1/23/84
4' As a result of the discussion, it was the consensus of the Council
t to incorporate this area into the Comprehensive Plan for further
review at a later date. Motion was made by Fair, seconded by Maus,
and unanimously carried to table any action on the rezoning at this
time to enable the entire City Comprehensive Plan to be reviewed at
a future date.
6. Considarati on of a Preliminary Plat Called Par West , Applicant -
John Sandberg.
The Planning Commission, at its last meeting, recommended approval
of the Preliminary Plat called Par West consisting of 49 lots. The
entire subdivision as presented consists of a combination of R-2 and
R-1 residential zoning and contains applications for Conditional Uses
for up to 40 townhouse units within the R-2 proposed zone. The
townhouse units would be primarily adjacent to the Golf Course
property.
As part of the Planning Commission's approval, it was their recommendation
that park dedication requirements be made in cash donation based on 10%
of tho market value of the land rather than the City accepting more park
land. Mr. Sandberg proposed to the Council that the City accept 2.8
acres of land located on the west and of the plat adjacent to its existing
park area in lieu of cash. It was the staff's opinion, along with the
Planning Commission's recommendation, that tite City of Monticello currently
J has plenty of park area in this end of town and would rather sea cacti be
contributed for Mr. Sandberg's park dedication requirement, as these
funds could be used to develop the existing park areas. Mr. Sandberg
noted that 10% of the market value would result in $11,500 being required
for park dedication purposeal but he indicated a willingness to go with
the County market valuation of 530,500 or $3,800 in cash, and he would
still give the land in addition.
After considerable discussion on compromise figures, it was suggested
that Mr. Sandberg contribute 5• of the market value of the property in
cash or 55 ,750 plus 5% of the land consisting of the north half of the
proposed park area, which was considered to be usable property.
Motion was made by Maxwell, seconded by Pair, to approve the preliminary
plat as presented and the preliminary Conditional Una allowing for 40
townhouse unite in the R-2 Zona as proposed, and to accept park dedication
consisting of cash equaling $5,750 and 5% of the land area consisting of
the north half of the proposed park area totaling approximately 1.4 acres.
Voting in favor was Maxwell, Pair, Grimomo, and Maus. Voting in the
opposition was Blonigon, as he felt tite City should require only cacti
donations.
- 4 -
0
J
i
Council Minutes - 1/23/84
7. Consideration of the Environmental Assessment Worksheet Prepared
for Meadow Oak Subdivision.
On November 14, the Council adopted a resolution requiring that an
Environmental Asse,sment Worksheet be prepared for the development
of 14cadow Oak Subdivision. The Environmental Assessment Worksheet
was reviewed by the City Engineer, City Planner, and City staff,
and appeared to be acceptable for Council review.
A copy of the final draft was submitted to the EQB, which recently
informed the City that based on the projection of 536 residential
units in the total development, Meadow Oak falls into a category
which mandates that an Environmental Impact Statement be done. As
a result, the developers of Meadow Oak have indicated that they may
consider reducing the number of residential units within the total
development to avoid the possibility of preparing an entire
Environmental Impact Statement, which in their opinion would be very
costly.
The City's requirement at the present time would be to accept the
Environmental Assessment Worksheet as prepared and not a public
hearing date for review of tile EAW, which defines the scope of the
Environmental Impact Statement that will have to be prepared.
Motion wou made by Maus, seconded by Maxwell, and unanimously carried
tosot Thursday, February 16, at 2100 P.M., as the date for the public
hearing to determine the scope of tine EIS that will have to be prepared.
8. Consideration of Renewing Fire Department Mutual Aid Agreements with
Various Communities.
Updated Mutual Aid Agreementu for fire protection were reviewed and
approved by the citicu of Becker, Big lake, St. Michael, Elk River,
Buffalo, Maple Lake, and Albertville.
Motion was made by Fair, seconded by Maxwell, and unanimously carried
to approve entering into Mutual Aid Piro Agreements with the above
communities and authorizing the Mayor and City Administrator to execute
file documents.
9. Considoration of Ronowinq the Contract with OSM.
Mr. John Badalich of OSM reviewed with the Council a proposed contract
and foo schedule for engineering services for 1984. Mr. Badalich noted
that some changes were made in the proposed contract which ho felt mado
the contract more competitive with othor engineering firms and should
help reduce the City of MOnticell0'S coat slightly.
O
- 5 -
Council Minutes - 1/23/84
zee Briefly, some of the adjustments to the contract include 1) lowering
the multiplier from 2. 25 to 2.15 for the positions of construction
observer and survey crews, 2) the hourly rates stipulated in the
contract are maximum hourly rates and the City would be chargers only
the stated hourly rate even if the employee is paid more than this
amount, 3) transportation charges and other items such as clerical,
photocopying, secretarial charges, have been built into the multiplier
and not billed separat ely as in the past.
After discussion on the fee schedule, motion was made by Fair, seconded
by Maxwell, to renew the engineering contract with OSM for the year 1984
as presented for engineering services. Voting in favor was Grimsmo,
Fair, Maxwell, Maus. Voting in the opposition was Blonigen.
10. One Year Review for Conditional Use Permit and a Variance Permit -
or. Clarence McCarty.
on January 10, 1983, Dr. McCarty was granted a Conditional Use Permit
to allow a retail commercial activity in an RB Zone. Dr. McCarty was
also granted a one-year variance on the requirement of hard surfacing
of the parking area, and Iw appeared before the Council to request
an additional ona year extension on the requirement for hard surfacing
of this parking area. Dr. Mc Carty's Conditional Use Permit was to
allow primarily a wholesale activity in sales of birds with minor
retail salon of birds and related items.
Dr. McCarty felt that the parking requirement was not necessary in his
business, as he has never had more than one customer at a time since
his business is primarily wholesale in nature. It was oleo the Council
consensus that they would like to be sure a business will be continuing
before requiring hard surface of parking lots, especially in areas
adjacent to residential districts, as if the business fails, the property
may revert to primarily residential use and be stuck with a hard sur-
faced parking area.
As a result, motion was made by Maxwell, seconded by Blonigon, and
unanimously earned to extend the Conditional Use Permit to Dr. McCarty
for an additional one year for his retail/wholasale commercial activity
for birdo only and to grant a varianeo for an additional one year on
the requirement for hard surfacing of his parking lot.
11. Consideration of an Amendment to our Sanitary Sownr DiSCharge Control
ordinance, Titlo 14.
On April 1, 1983, the City of Monticello enacted a Sanitary Sewer
Discharge Control Ordinance to provedo a system necessary to monitor
and control sanitary sewer, di schargco through the use of wastewater
discharge permits and discharge ropoeLs. Teo ordinance was rovtcwod
by the Minneuota Pollution Control Agency, which suggested five minor
changes or amnndments be made by the City.
J
- G -
O
Council minutes - 1/23/84
The recommended changes concern certain definitions such as commercial
�— user, significant industrial user, falsifying information, permit
application requirements, and prohibited discharges.
Motion was made by Maxwell, seconded by Blonigen, and unanimously
carried to approve the six recommended changes to definitions and
other areas •r ithin the Sanitary Sewer Discharge Control Ordinance,
which became effective April 1, 1983. See Ordinance Amendment No.
131for detailed listing of definition changes, etc.
12. Consideration of an Amendment to the Ordinance Requlatina Transient
Merchants.
Recently, the City of Monticello adopted an ordinance regulating
transient merchants, which required establishments such as motels,
restaurants, service clubs, and shopping malls, to obtain an annual
permit to allow transient merchants. In addition, the ordinance
required that each transient merchant who operated from within a
permanent strueturc be required to pay a daily permit fee of $10.
Concerns wore exprussed by the owner of the Monticello Mall who
felt they should not bo required to collect the $10 fee from each
transient merchant, as it was their primary business to lease re-
tail space as opposed to a motel, whose business is renting of rooms.
6 As a result., it was recommended by the City Attorney and City staff
chat the ordinance be amended to still require a shopping mall to
p obta in .an annual permit. to allow transient merchants but to exclude
a shopping mall from the requirement of collecting the daily permit
fees from each individual transient merchant.
Motion was made by Blonigon, seconded by Maxwell, and unanimously
carried to adopt an ordinance amendment exempting transient merchants
conducting their business within the confines of a commons area of
a shopping mall from the requirement of the daily permit foe. See
Ordinance Amendment No. 132.
13. Department (lead Reports.
Tho quarterly department head meeting wan held by the Council with
Mr, Willard Farnick, Piro Chief, Karen Hanson, Senior Citizen Canter
Director, Mike MolsLad, YMCA representative, Buddy Cay, Wright County
Sheriff's Department Deputy, and City staff.
Willard farnick, Fire C7hiof, Informed the Council that the Wright
County Commissionorn were considering purchasing hydraulic power
tools and air bags that can be used by fire departments for extracting
people from cars involved in accidents, etc. Mr. Farniek noted that
the City of Monticello currently owns a hydraulic tool, and the County
fis willing to either allow the City to trade in its present tool and
1
7
C5_)
Counci 1 Minutes - 1/2!/84
receive a new updated piece of equipment that would match the other
i four communities in Wright County, or the County Board would be
J� willing to upgrade its present tool to provide moru Capabilities.
Because the City of Monticello is one of the only communities in
_ Wright County to have its own extraction tool, concerns were noted
as to who would actually own the new equipment should the City trade
in its old equipment to receive the new one similar to the other
communities. The reason is that the County is actually purchasing
the equipment and placing it with five fire departments in Wright
County, but the ownership question has not yet been resolved by the
County Board should they purchase the equipment. One possible
suggestion made by the Council was that the County could provide
the City Fire Department with a new piece of equipment and allow
the City to keep its old tool to dispose of as it sees fit. The
Council advised Mr. Farniek to report back to the Council at a later
date once more details are established by the County Board.
Karen Hanson, Senior Citizen Center Director, informed the Council
that the Center will be applying for approximately a $4,000 grant from
the McKnight Foundation to be used by tine Center for acquiring
additional tables and other equipment at the Center. It was noted
that some roof repairs will be needed at the Senior Citizen Center
building and that possibly the Center should consider applying for
some grant money to help cover the necessary cost of repairing the
roof. If the grant is approved, one-fourth of the grant must be
supplied by the local Senior Citizen U -Il Lc C, which Karen fianeon
indicated was available through their fund raising activities.
14. Consideration of January Bills.
Motion was made by Fair, soeonded by Blonigon, and unanimously carried
to approve the bills for the month of January as presented.
Rick Wolfe
Assistant Aftin strator
MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Special Joint HRA/City Council Meeting
Monday, January 23, 1984 - 6:30 P.M.
Members Present: Dr. Philip White, Vic Vokaty, Jack Reeve, Bud
Schrupp, Don Cochran, Gary Wieber, Arve Grimsmo,
Jack Maxwell, Dan Blonigen, Fran Fair, and Ken
Maus.
Staff Present: Tom Eidem, Allen Polvit.
Mayor Grimsmo made opening remarks with regard to thanking members
for their volunteer efforts. He especially thanked Dr. White for
his work with the Council and 11RA. He then opened the floor to
discussion.
T. Eidem explained the HRA's finances. At present they have an
approximate balance of $6,000.00. lie explained that in the past
the HRA played a proactive role. When a proposal was presented,
they took action and held meetings to accomplish this action. Some
months such as November there were no projects to be considered and
no other business to take care of, so the meeting was cancelled.
December's meeting was used to discuss other areas the Authority could
become more proactive in. The Authority wanted the Council'o input.
They wanted to know what concerns the Council had and what direction
the Council wished the Authority to pursue. Eidem stated that the
HRA'e Budget is minimal ($6,000.00) and will be dwindling because of
existing obligations. IIB went on to explain the possibility of levying
up to I mill (1983 - $56,000) to enable the Authority to operate from
day to day.
Dr. White stated that he has been an advocate of no additional taxation
and still is. However, in this instance he fools the vary existence
of the HRA may need these funds to operate from day to day while getting
involved in other areas. Dr. white felt there should Ile a clone bond
Im Lwoen Lila Council and HRA. He suggested the 11RA having its own budget
or Lha amount being incorporated into the City's Budget. He also
suggested a Council member becoming a member of the HRA to give guidance.
Open for discussion, the following views were prosantedi
Eidcm wanted to clarify that the Authority can levy up to 1 mill and it
would be built into Lila City Budget. Ho stated that the HRA can bond
without the Council'u approval (Lax increment, industrial revenue bonds,
11ouaing, oLc.) .
- 1 -
v
Council and 11RA Minutes - 1/23/84 (Joint mtg. )
Dr. White wanted the Council's approval and guidance. He also
doesn't want the Authority to get out of hand by getting too big
too fast.
Dan Blonigen felt the HRA should remain as is. lie is all in favor
of the HRA doing business with industry but doesn't want the
Authority to become more proactive.
Bud Sehrupp urged all present that the Authority doesn't take
its responsibilities lightly. Bud stated that the HRA uses three
guidelines to determine if a project is worthy or not:
1. Does the project provide new permanent jobs and
increase the tax base.
2. Does the project reduce blight, or
3. Mould this project become reality without HRH's
assistance.
Don Cochran doesn't feel the Authority would go hog wild as was
stated earlier. He felt the Mayor and City staff had made good
choices of members and guidelines act in order to carry out the
Authority's goals. Cochran also felt the Authority could proceed
in other directions, using the three guidelines above, and still
be under control at all times.
Dr. white felt it cumbersome to have the Authority borrow from
the City every time it needed funds to do business.
It was the consensus of the group not to give complete taxing
authority to the HRA. Mayor Grimamo did express his opinion that
the HRA should proceed in other directions, become more proaetiva
and more risky, but like the Orderly Annexation Area (OAA), should
not bu given taxing authority.
T. Eldem restated that the [IRA doesn't have fundu to accomplish the
day to day operations. For example, if we wanted to auk Dahlgrunu
if a project was feasible, it would coot approximately $200.00 with
the Authority's own funds. They would not need to borrow from the
City or wait.
D. Blonigan asked if at some point the Authority would be self
sustaining. T. Eiden explained that thio would be partly true in
1985 when the I%I increments are paid. However, Eidom cautioned
members that to remain self supporting there would have to bo continued
projects. After eight years the taxes revert back to the City, school
district, hospital and County. Ifo also commented that those monies
were usod for the larger project costs and not tho day to day operating
expenses. Eidem said that nothing would happen with this until 1985
bucauso the 1904 liudgot had already boon certified.
® 3
Council and [IRA Minutes - 1/27/64 (Joint Mtg.)
D. Cochran asked if the HRA had a detailed budget prepared which
included operational expenses, blight removal, capital improvements,
etc., would this meet the Council's approval?
D. Hlonigen doesn't agree with approving budgets just to go out
and spend the money. It was the consensus of the entire group
that this would not be the case.
Eidem explained that this would only be an operating budget. If
something big (such as IXI) came up. Council approval would still
be needed.
G. Wieber wanted to know what happened to the money (5-1 mill levy)
the Authority had received. F.idem reported that approximately $6,000.00
was left. He also stated that this amount is dwindling. There are
interest payments to be met and loans to be repaid, etc. Wieber
expressed the need for a day to day operating budget so that operating
expenses can be met without having to meet with Council, which only
meets twice a month. If something big should arise, then the Authority
could bring it before the council.
K. Maus asked if the Authority could got in building speculative
buildings and build in profits. He also wanted to know if the Authority
could work with the Industrial Development Committeo on such projects.
Maus felt this was definitely something to pursue. Eidem noted that
( it was statutory legal to build buildings etc. and also have the HRA
make a profit. He further explained that the Authority could become
involved in many different aroas such as fuel assistance programs,
rental housing, and rehabilitation programs. All members agreed that
a speculative building is a viable project that could benefit the City
and help the HRA make a profit also.
There wan concern as to what the HRA'o responsibility was with regard
to everything diucusoed to this point. It was the group's fooling
that the three criteria described earlier wan adequate and that tho-
Authority has, indeed, handled its past responsibilities well.
Tho group felt. that blight, redevelopment, and economic development
wore areas to be pursued. It was suggested the HRA should prepare
an operating budget for 1965 and ruturn to the Council for further
diocusnion/approval.
Don Cochran again thanked Dr. White for his time and leadership. Meeting
adjourned.
aLQY�--a--
A lan L. POIVit
Director of Economic Developmont
7 -
0
Council Agenda - 2/13/84
4 6 5. Public Ilearinq - On -Sale Wine License/3.2 Beer On -Sale License. (T.E.)
A. REFERENCE AND BACKGROUND:
Floyd Kruse has been operating Dino's Deli since the end of November,
and as such has been in business in excess of the 60 -day requirement
as stipulated in the new wine ordinance. As with our liquor licenses,
the issuance of a wine license requires public comment. The application
blanks for both the wine and the beer have been completed and are in
my office. The wine application has been submitted to the County
Sheriff for his signature. The surety bond and certificate of insurance
are forthcoming. In order to meet the requirements of the ordinance,
the hearing should be open to allow any members of the public to
npcak, and not anticipating anyone there to speak in opposition, the
hearing can be closed shortly thereafter. The next item on the agenda,
Item A5, is the actual approval of the license. This can be done with
a simple motion and vote after which time I will submit the information
to the Liquor Control Commission for final approval. Upon their
approval, we will issue the license to Mr. Kruse, and he may begin
selling wine.
B. ALTERNATIVE ACTIONS:
1. Deny the application based on either public opposition or information
r you have that is not covered on the application.
2. Approve the application.
C. STAFF RECOMMENDATION:
Based on the information submitted in the application and the investigation,
we recommend approval of the combined wine and 3.2 license. The City will
collect $200, which is one-half the combined licensing fee. The one-half
represents a pro -rated amount for two -quarters of the year.
D. SUPPORTING DATA:
Copy of application for On -Salo wino Liconoo/3.2 Boor On -Salo License.
fo�+� ROItab76
STATE OF MINNESOTA
DEPARTMENT OF PUSL)C SAFETY
LIOUOR CONTROL DIRECTOR
APPLICATION FOR COUNTY OR CITY ON SALE WINE LICENSE
NOT TO EXCEED 14% OF ALCOHOL BY VOLUME
This app(icatiens sed thl, bond atoll be submitted in duplicate.
Whoever stall knowingly and wilfully falsify the answers to the following questionnaire stall be deemed guilty of perjury and shall
be punished accordingly.
In answering the following questions "APPLICANTS' shall
be governed o follows For a Corporation one officer shalt esecmc
this application for all officers, directors and stockholders. For a partnership one of the "APPLICANTS" shall execute this application
for all members of the partnership.
EVERY UESTION ST ANSWE ED
V---,� S t`
r j
44
1. I. to IP N
. as 1 AJt V t L
t� /
h/ d S ( Q
for ! T
(IndWott ow Mt, oinks,, or puma)
and in behalf of L
4eveby apply for an On Sale
u
Wine License to be located at / S 7 W Q'S T
p �.}
,/.7 RGT J GVJ4Y
(Port Offs, A4141111,111County
y]/)
) D/�rTtc—t LLa
or City of
State of Minnesoi a, in accordance with the pioviuuns of Minnesota Star urn. Chapter 340. commencing
and ending -4 t. r.l t— �!' 19_4,87„".
,
., Give applicenti date of birth 11.
!�w�} ? {/
�TNq J D
(Duff
(Month)(% tYuU
ftirtndats of Pa+tner s
7"q N Y�
t Doi
or
(Month) IYetr)
(Do) (Month) (You')
Officers of corporation
(the) (Month) (Yaw)
J. The residence f e each of the ep llan4 named herein for the past On
five yes Was follow:
T
^� (fax �o� rrLece; r�.wN ss3s
s. to the applicant a dtbea of the United fsatet7 _--
If naturalized state date and place of naluralltollor T
If a corporation, or partnership. cute cliWuship anus of all offkas a partnern.
^( i
S. The person who exacufes this.42pil.cation shall pvt wilt's or husband' full M • snd addeea ,yt 'f'r�j r �1,,, y„ �S
R -r -V ,:3- 'So Y, to I yiJAPL� �R h'e +�I i., •+�, S't 3S5
'77 t .0:upaeium have applicant and Assuciates in this appl-n- followed for the pdst fee years?
frit W I �7PPSS
7. If a partnership, state name and address of each member of partnership
If a corporation, due of incorporation state in ahtch incorporated
amount of authorized capitalization , amount of paid in capital
If a subsidiary of any other corporation, to state
give purpose of corporation
name and addicts of ell officers, directors and stockholders and the number of shares held by each
Wsmrl IAdd-,- winner andnen a int and blocs) (City)
1Na ma) (Add-- wmbrr and mat tar for and bh¢k) Mly1
(Nam.) IAdd..- wmbc,slid .t -I tar lut and blink) (City)
Mamq IAdd—- wmbe, and nren..r lot end bleak) (C..yI
It incorporated under the law%of another data, is corporation authoored to do husiness to this Slate?
Number of « llihcate of authority
If this application i1 for u nrw Corptuahnn include a ctrtrftrd sopy of Article%of Incorporation and B),I.uv.s,
If the application is for a RIiNl7WAL of license sale ahethcr an) changes have been made in the Articles of Incur rynarion
and 0) -Lasa unce the Int i%ure of 1 iaense
b. On who, non, is the eat,tblivhmrn, Irwiledd. or to he located? / s T p I
9. Dewilbe the premitrs to he lice%a n%ed, 0 O 5a 467— /I �✓ � j. aCP /al C. al t= L C-1
M b the establishment localcd ora, an academy, "liege. unismily,church, Dade or hiih %choral^. Nu
Stare the appro umatr dssancr of thee%Iahli.0 roeJni I in wch sr cal or church i 15 Zee
11. Stair name and adJrc%%of owner or budding —u
Nr, oa net rat building an) connection. dire. IJV or indirectly, with apphtvne^
r
I:. Ate tlsa tall. 0.1 Ihr above property dclin9urnr!---A/d)
13. State %s Mlhrr appbcanr, rte any of hi. ruotiulea in Ihi% spplfcellem. have ever had an application Inc a liquor License refected I
any aaulletpahly or state sulhoAt): if to. Dice licer said drlaila NO
0
she applicant, or any of his associates in this application, during the five years immediately preceding this application ever had
.cense under the Minnesota Liquor Control Act revoked for any violation of such laws or cowl ordinances: if so, give date and driAls
N0
. a. State whether applirant, of any of his aooviatts in this application, during the put five yon were river convicted of any Liquor
Law violations or any crime in this assist, or any other state, or under Federal Laws, and if to, give date and details ND
16. Is spldieent, or any of his associates in this application, a member of the county hoard or the county or council of the city in
which ibis license is to be issued' PVC If ss, in what capacil y?
If applicant for lictme is the spouse mf a member of the governing bird)', or whert other limit) relationship trials• such member shall
not volt on this application.
17. Stilt whether any person other than applicants has any right, title or interest in he furniture, fntuns, or equipment in the
premises for which license is applied, and if so give name and detaits N, 0
IM. llmr applicants any interest whalum ver, directly or induced), in any other liqu++r cvtablithment in the State of Minnesnla!_V6
Give name and address of such establishment '
N. Furnish the time and uddrett of at least three businca tefa•rem es, in d at teal. reference
�pcQtp OW;Z/f,.)1- q >' CTy_ l�rJ�+�( J ,i?otiT1CrGCo
vIPPP • �r Lc%�, �i'9L[ ,S,E F..//p.a.fTuM w�.f117'/ G..P SCO
L.7- r Y44.Scn,, /lGL+� TP•275 / e n,T, e < LC p
20, what is the seat in$ capacity of this establishment? / d
c jQa2 i, iswing wh.t hnun will rood he aradahia? 3 �� TO
22. State name of pettier who will operate restaurant. iT e./
23. Stair, name of petwn whet welt opera,, bur. 4if G L' tiOT
24. State number of people reuam,m will employ
2S. will food service be the principal busmtttof Ibis estrrtdnhm,nt?
2h. State trade name to be used, * D /ti• S thf Z_ i
.+. It this rrstvuiant is in conjunction with any other business,such as resort, esi.) describe such husinev+. _,,A/rS
2M, It.. rainy yrarshas this business been in uprsatmn under this nwne idsip? �%�Ih/!•'�ae 'pa
24). State whetter .pplicim has, or sill be panled, an "On -salt Nmn,lntusicding Moll Oevetaar'• 13.2) and/or a •'Set-up'• License in
comunelron with this wine license? {• 1 eti a"vea, R
30. Duct applicanl intend to salt wine families than the constamtr? A/ 0
/ 3 t Onw many months of the ynf well this establishment be Open? 1 T
t
0
i X77. Applicant, and his suaxlates In ibis appLication, will strictly comply with all the Laws of the Sure of Minnesota governing the
taxation and the rile of vine, min and regulations promulgated by the Liquor Control Director; and all laws of the county; an"
hereby certify that 1 have read the foregoing Questions and that the ares ecn to said questions are true of my own knowledge.
r ,
(SlInature of applixanl
Subscribed and eworo to before me this Z STN
y of x-917 19
fA J .JJ
(Naw h ic)
My commission expires
.vvw•�Nn •- �
+ %'"•. JACK rE. MA%WL-LL
,1116 wnlGu: CpUIITT
A'OTAPY I:;,^,�IC�MiNM V�OTa
tN•<n.,�,•oin„a•n,a[a JVLY11 lace
•MN•/. -^ •/WNMAMwAv
REPORT ON APPLICANT OR APPLICANTS BY SHERIFF'S OFFICE OR POLICE DEPARTMENT
This it to certify that to the best of my knowledge, she applicant, or his associates, named hetein have not been convicted within the
pan fire years for any violation of Laws of the State of Minnesota, or Municipal Ordinances Waring to the sale of non -intoxicating
mals liquor or intoxicating Liquors, except as hereinafter stated.
It is my judgement that she applicant will comply with the laws and re gu ri m relsting to the conduct of this business should a
license be granted•
f
Sh,,.ff
' sten
Posters
Council Agenda - 2/13/84
6. Review of 1983 Year End Liquor Store Financial Statements. (R.W.)
A. REFERENCE AID BACKGROUIM :
Enclosed with the agenda you will find a copy of the year end
financial statements for the Liquor Store operation. Mark
Irmiter will be present at the meeting to answer any questions
you may have regarding the operation, etc.
The following is a summary of some of the highlights of the
financial report.
Total sales for the year 1983 were down approximately $33,000
with the resulting gross profit down $8,900 over 1982. The
majority of the operating expenses for 1983 were comparable to
1982 figures resulting in a total operating income of $62,727.
The operating income is approximately $7,350 lower than 1982,
again due to the decrease in sales.
The bottom line net income for the year of $85,550 is only $636
lower than 1982, but this is primarily because the liquor fund
had interest income from investments of $21,000 in 1983 vs.
$15,000 in 1982. The total operating income figures are the ones
that should be used to determine how much money the business is
making rather than the net income, which includes interest earnings
�- on bank accounts.
An additional expense item totaling $20,000 for the bond payment
due in 1983 is not shown on the financial statement, and an a result,
the actual net operating income from the liquor store would be
approximately $42,700.
D. SUPPORTING DATA:
Copy of the financial statement.
- 2 -
I
11
MONTICELLO MUNICIPAL LIQUOR
VALANCE SHILEI
MUNICIPAL LIQUOR STORE
DECEMBER 31, 1983
TOTAL PROPERTY AND EQUIPMENT
TOTAL ASSETS
V
$ 391.886.1'1
6 148x924.93
---------------
6 3409811.10
ASSETS
CURRENT ASSETS
CASH IN BANK - CHECKING
• 2391:16.61
CHANGE FUND
1.000.00
CASH IN BANK - RESTRICTED
29274.80
INVFSTMI:N'fS
2269639. 15
INVESTMENTS - RESTRICTED
47.340.20
NSF CHECK - RECEIVABLE
40.13
I NVEHT'ORIES
88t 169. 89
PREPAID INSURANCE
2.415.32
UNAMORTIZED BOND DISCOUNT
650.05
TOTAL CURRENT ASSETS
PROPERTY AND EOUIPMEN'f
LAND
4 69839.93
BUILDINGS AND IMPROVEKENTS
1:19671.04
PARKING LOT
89:115.50
FURNITURE AND FIXTURES
42x973.31
:CUM. DEPR. - ]BUILDINGS
( 299227.j01
mCCUM DEPR-FURNITURE 6 FIXT'UkE
( 269652.85)
ACCUM. DEPR. - PARKING LOT
< 5,194.:iO)
TOTAL PROPERTY AND EQUIPMENT
TOTAL ASSETS
V
$ 391.886.1'1
6 148x924.93
---------------
6 3409811.10
MONTICELLO MUNICIPAL LIQUOR
BALANCE SHEET
MUNICIPAL LIQI.IOR STORE
CURRENT LIABILITIES
ACCOUNTS PAYABLE
PAYROLL bl/H - PERA
SALES TAX PAYABLE
PAYROLL W/H - FEDERAL
SALARIES PAYABLE
ACCRUED SICK LEAVE S VACATIONS
PAYROLL W/H - STALE
PAYROLL W/H - FICA
BOND INTEREST PAYABLE
TOTAL CURRENT LIABILITIES
LONG-TERM LIABILITIES
BONDS PAYABLE
TOTAL LONG—TERM LIABILITIES
TOTAL LIABILITIES
DECEMBER 31, 1983
LIABILITIES AND EQUITY
6 26x682.66
15.73
8.126.36
385.70
639.50
1.274.38
246.00
482.06
2+337.50
$ 40x189.91
• 8.5.000.00
-------
$ 85.000.00
-------------
6 125x189.91
EQUITY
RETAINED EARNINGS 1
REVENUES OVER EXPENDITURES
TOTAL EQUITY
TOTAL LIABILITIES AND EQUITY
330.071.63
85x549.56
------------- • 415621.19
-------------
$ ..=3.140:8.1r«e
MUNIILLLLU rIUKILIP"ML LlUUUR
REVENUE AND EXPENSES
MUNICIPAL LIQUOR STORE
FOR THE TWELVE MONTHS ENDED DECEMBER 31. 1983
yry mxxwa7ac
CURRENT -PERIOD CUR -PD YEAR-TO-DATE Y -T -D
AMOUNT RATIO AMOUNT RATIO
SALES
LIQUOR
BEER
WINE
OTI.Er; MDSE
MISC. NON-TAXABLE SALES
DEPOSITS AND REFUNDS
TOTAL SALES
COST OF GOODS SOLD
GROSS PROFIT
GENERAL AND ADIM. EXPENSES
PERSONAL SERVICES
SALARIES. REGULAR
':RA
•NSURANCE9 MEDICAL AND LIFE
SOCIAL SECURITY
TOTAL PERSONAL SERVICES
SUPPLIES
OFFICE SUPPLIES
GENERAL OPERATING SUPPLIES
MAINTENANCE OF BLDG. SUPPLIES
SMALL TOOLS AND MINOR EQUIP.
TOTAL SUPPLIES
Lm
f 85,678.18 36.64 6 281.149.73 31.92
1049310.17 44.51 462.784.45 52.54
369011.03 15.36 102,526.76 11.64
5r`-•42.79 2.36 311.517:04 3147
2.697.28 1115 670313.03 .69
( 67.49) ( .03) ( 2,273.20) ( .26)
• 234r371.96 99.99 • 880.743.72 100.00
$ 187,295.44) ( 79.91)$( 701.467.03) ( 79.64)
------------- ----------------
$ 479076.52 20.08 $ 179.276.69 20.36
I
$ 14,; 91.49 6.23 $ 58.56i.06 6.65
656.82 .28 2.457.5`; .28
1 9 265.34 .54 3 9 :117.69 .40
679.26 .29 2.889.38 .33
------------- ------ --------
6 179192.91 7.34 $ 67.42^
9.68 7.66
$ 78.75 .03 • 451.89 .05
529.39 .23 29168.60 .23
.00 .00 843.42 .10
.00 .00 75.00 .01
------------- ------ --------------
$ 608.14 .26 1 3.:138.91 .41
MON710ELLO MUNICIPAL
Ll(lu0i(
146
REVENUE AND EXPENSES
MUNICIPAL LIQUOR S'IORE
FOR THE TWELVE
MONTHS ENDED DEC EMVER 31.
1983
---------
yrM muOLR R.
CURRENT -PERIOD
CUR -PD
YEAR -•10 -DATE
Y -T -D
AMOUNT
RATIO
AMOUNI
RATIO
OTHER SERVICES AND CHARGES
PROFESSIONAL SERVICES (AUDIT) $
525.00
.22 $
2.970.00
.34
COMMUNICATION
261.50
.I1
768.76
.09
TRAVEL -CONFERENCE -SCHOOLS
.00
.00
262.83
.03
AUVLR11S1NU
819.22
.35
2.430.72
.26
INSURANCE. GENERAL
2,961.22
1.26
12.120.68
1.38
UTILITIES, ELECTRICAL
1,473.00
.63
6x674.27
.76
UTILITIES. HEATING
511.78
.22
19650.54
.19
UTILITIES, S 8 W
85.65
.04
386.43
.04
MAINTENANCE OF EQUIPNEN'I
.00
.00
539.09
.06
TAXES AND LICENSES
.00
.00
79.25
.01
GARBAGE
247.50
.11
1,000.30
.11
DEPR. - ACQUIRED ASSETS
39488.40
1.49
10,321.91
1.17
OTHER
12.58
.01
233.49
.03
FURNITURE AND EQUIPMENI
( 300.00)
< .13)
.00
.00
TOTAL OTHER SERVICES 8 CHARGES$
10,085.85
4.31 $
39,438.27
4.49
DEBT SERVICE
'.,N1'EREST 6
912.13
.39 $
6,122.02
.70
PAYING AGENT FEES
10.00
.00
20.00
.00
'1'01'AL DEBT SERVICES $
922.13
.39 6
6,142.02
.70
TOTAL GENERAL 8 ADIM. EXPENSES$
28,809.03
12.30 $
116,548.88
13.26
'1OTAL OPERATING INCOME $
IR,267.49
7.78 6
62,727.81
7.10
OTHER INCOME (EXPENSES)
INTEREST INCOME $
69025.79
2.57 $
21,252.06
2.41
OTHER INCOME
1,283.00
.5:5
1,307.00
.15
CASH LONG/SHORT
176.33
.08
262.69
.03
TOTAL OTHER INCOME (EXPENSES) 6
7,465.12
3.20 $
22,821.75
2.59
NET INCOME $
25,7`52.61
eunr, ec=r: c.v. �-r. n•
10.98 $
e.,e mn, n,
85,549.56
nr. r_cene�er. _e,r
9.69
wr. ircne
r Q /
\�oo
nUNII.GLLU nuniuir Kt La,:uU,%
REVENUE AND EXPENSES
MUNICIPAL LIQUOR STORE i
C014PARATI VE STATEMENT
FOR THE TWELVE MONTHS ENDED DLCEMBER 31, 1983 AND 1982
1982 1983 ACTUAL
YEAR-TO-DATE Y -T -D YEAR -IO -DI -:TE Y -T -D
AMOUNT RATIO 11:140I1NT RAT 1 n
SALES
LIQUOR
DEER
WINE
UIHCR MUSE
MISC. NON-TAXA14LE SALES
DEPOSITS AND REFUNDS
TOTAL SALES
COST OF movs SOLD
GROSS F'ROF I T
1 GENERAL AND ADIM. EXPENSES
PERSONAL SERVICES
;ALARIES, REGULAR
PERA
INSURANCE, MEDICAL AND LIFE
SUCIAL SECURITY
TOTAL PERSONAL SERVICES
• SUPPL I ES
OFFICE SUPPLIES
GENERAL OPERAI ING SUPPLIES
MAINTCNANCE OF DLDG. SlIPPLAE S
t3MALL TOOLS AND MINOR EO1J11''.
TOTAL SUPPLIES
1983 BUDGET'
AMOUNT
6 294,717.05
32.25
•
281 , 149. 7:1
31 .9:
$321,607.00
471,590.77
51.61
46^,784.45
J2. 54
541.561.00
111,262.83
12.18
102,526.76
11.6^
125,192.00
36,199.14
3.96
30,517. 95
3.47
32,832.00
-0-
6,038.03'
.69
6,208.00
-0-
(
2,27:1.20)
( .26)
-0-
S 913.769.79
100.0
---
{
8H0,743.72
100.00
$1.029,400.00
6 725,579.40
79.41
S(
701,467.03)
( 79.61.1
718,730.00
6 108,190.39
20.59
1
179,276.69
20.36
8310,670.00
4 59.370.00
6.50
1
58.565.06
6.65
5 64,905.00
2,371.13
.26
2,457. 5,',
.28
2,000.00
3,965.18
.43
:3,n 17 .69
.40
5.000.00
2,791.33
.31
^..O09. 38
.33
3,300.00
6 68,497.G4
7.50
1 ----1,7.429
68
-7.61.
8 75.205.00
105.49
.01
4-,l , S9
,0;;
190.00
2,002.87
.31
:? , 1611. 60
25
5,470.00
27.92
•00
843. •12
30
600.00
-0-
7:S . 00
.01
200.00
6 2,996.26
.32
• ..__..-3,530.91
_--.41
5 6,460.00
t10N1 ICLLLO h -it lt'AL L.1000K
REVENUE AND EXPENSES
MUNICIPAL LIGUOR ., OPC
COMPARATIVE STATEMENT �
1
- FOR THE TWELVE MONTHS ENDED DECEMNL'R 31. 1983 AND 1982 J
1982 1983 ACTUAL
YEAR-TO-DATE Y -T -D YLAR-TO--DATE Y -T -D
AMOUNT RATIO AMOUNT RATIO
OTHER SERVICES AND CHARGES
t
PROFESSIONAL SERVICES (AUDIT) S
2,730.00
COMMUNICATION
628.50
TRAVEL -CONFERENCE -SCHOOLS
387.18
ADVLRTISING
2,503.61
INSURANCE, GENERAL
12,777.47
UTILITIES, ELECTRICAL
6,354.91
UTILITIES. HEATING
1,692.43
UTILITIES, S I V
326.13
MAINTENANCE OF EOUIPMENT
507.23
(AXES AND LICENSES
59.00
iARBAOE
924.00
Di ---Pk. - ACQUIRED ASSETS
9,220.22
OTHER
1,031.20
FURNIl11RE AND EOUIPMENI
-0-
70TA1- OTHL•K SERVICES 8 CHARGE$♦ 39,141. BB
DFBT SERVICE
t
INTEREST
1 7,449.02
='AYING AGENT FEES
20.00
-OlAL DEBT SERVICES
• 7,469.02
TUTAL GENERAL I ADltl. E):1'EI4SESf)
116,104.82
1 OTAL OF'CRAT I NG INCOME
1 70,085.57
.OiHEK INCOME (EXF'ENSCS)
.03
INTEREST INF.OME
• 15,544.20
U Tf(LR INCOME
307.65
CASH LONG/SHORT
247.68
IUTAL OTHER INCOMI: (EXPENSES)
• 16.099.73
1JL'T INCOME. 60/ 6 86.185.30
1983 BUDGET
AMOUNT
.30
t
2.970.00
.34
S 3,855.00
.07
768,76
.09
800.00
• 04
262, 83
.03
300.00
.27
2,430.72
.28
51000.00
1.40
12, 120. 6B
1 .38
13,500.00
•70
6,674.27
.76
7.500.00
.19
1,650.;,4
.19
2,750.00
.04
386.43
.04
-0-
.06
539.09
.06
3,000.00
.00
79.2:
.01
225.00
.10
1,000.30
.11
-0-
1.01
10,321.91
1 . 1 7
-0-
.11
^33.49
.03
1,250.00
.00
.00
1.475.00
4.29
----
♦
39, 4;Iff, 27
-- -1 .49
$ 39,655.00
•82
•
6.1:':'.02
.70
61500.00
.00
-10.00
V o
10.00
.82
{
.
6.l".0^.
.70
S 6,510.00
12.93
6
-------------
116.7'40 an
:1 ill
$127,830.00
7.66
{
h::. 72' 01
--to
$182,840.00
1.70
•
21, 2:;2.06
2.41
13,000.00
.03
1.307.00
1:,
-0-
.03
262.69
.03
25.00
1.76
{ ----22,
821 7:i
-..:;9
13,025.00
9.42
----83,549,56
6
9.69
$195,865.00
MONTICELLO MUNICIPAL LIQUOR
OONS'ARATI:'E GROSS PROFIT STATEMENT
Liquor Sales
Cost of Sales -Liquor
Gross Profit
Beer Sales
Cost of Sales -Beer
Gross Profit
wine Sales
Cost of Sales -Wine
Gross Profit
Misc. Sales
Cast of sales-Misc.
Gross Profit
Coal of Sales -Freight
Total Sales
Total Cost of Salon
Total Groan Profit
1982
YEAR-TO-DATE
AMOUNT 9
$294,717.05 100.00
231,348.18 78.50
$ 63,368.87 21.50
$471,590.77 100.00
387,431.87 82.15
$ 84,158.90 17.85
$111,262.83 100.00
74,851.60 67.27
$ 36,411.23 32.73
$ 36,199.14 100.00
27,317.30 75.46
$ 8,881.84 24.54
$ 4,630.45
$913,769.79 100.00
725,579.40 79.41
$188,190.39 20.59
0
1983
YEAR-TO-DATE
AMOUNT t
$281,149.73 100.00
222,724.17 79.22
$ 58,425.56 20.78
$460,511.25 100.00
377,116.19 81.89
$ 83,395.06 18.11
$102,526.76 100.00
68,697.13 67.20
$ 33,629.63 32.80
$ 36,555.98 100.00
28,495.41 77.95
$ 8,060.57 22.05
$ 4,234.13
$860,743.72 100.00
701.467.03 79.64
$179,276.69 20.36
Council Agenda - 2/13/84
7. Consideration of Authorizinq the Preparation of Plans and
Specifications for an Addition to Pump House 41 and the
Rebiddinq of an Addition to Pump House 02. (J.S.)
A. REFERENCE AND BACKGROUND:
On October 24, 1983, the City of Monticello received bids for the
proposed 9 x 20 foot addition to Pump House 112. That addition
included not only a chemical room but an engine room for driving
the well during emergency power outages. On that date we only
received one bid from Jay Miller in the amount of $15,609.00. Adding
to that amount the lowest electrical bid from Page Electric of
$610.00, the total project cost was $16,219.00. This was 62% over
the staff's estimate of $10,000 for the building which was placed
into the 1983 Budget.
At that October 24 meeting, the Council moved to reject Jay Miller's
bid and Page Electric's bid and rebid the project for spring con-
struction.
In August of 1963, during preparation for the 1984 Budget, we placed
an additional $6,000 into the 1984 Budget for a proposed addition
to Pump [louse 01. This addition was to provide additional chemical
room in relocating the existing chlorine room and was not intended
to provide any emergency power drives whatsoever.
Pump House sl is located just to the cast of the existing water tower.
A drawing of the proposed addition is enclosed for your review. By
referring to this drawing you can see that we propose to place a
6.7 x 10.7 foot addition on the north and of the building and use
as much of Lila old equipment out of the chlorine room as possible
such as the existing heater in that room and the existing access
door. We would also rouse the ventilation equipment. By removing
the old walla in the existing pump room between the pump room and
the chlorine room, we would gain the much needed room in this building
for the additional polyphosphote and fluoride equipment. it would
also make for o much tighter chlorine room. As stated earlier, we
estimate this proposed addition to be approximately $6,000.
B. ALTERNATIVE ACTIONS:
There appear to be several alternatives which can be considered at
thin tima. Tile first alternative, of course, is to prepare additional
plans and specifications for the Pump House ql addition and include
the building of this addition with the addition to Pump House 02.
Thin altarnativo would result in a lower coat per addition, and it is
believed that much morn favorable bids could ho racoivod now than last
fall when all the contractors were buoy.
M11C
Council Agenda - 2/13/84
Alternate No. 2 would be to delay the addition to Well House 01
until we have received final bids for Well House 02. At that
time we could determine if we have enough funds left from the
total '83-'84 package of $16,000 to construct the addition to
Pump House 01. We could then, if there were sufficient funds
left to build the addition to Pump House ill, negotiate with the
contractor for building addition #1 or become the general
contractor on the other addition ourselves.
A third alternative would be to have the City be the general
contractor on both projects. The Public works Director and
the Building Official could act as general contractors and sub out
various portions of the buildings to local contractors after
negotiating the best value for the dollar.
The fourth alternative would be to do nothing, and it appears that
this alternative is not practical, as it would not solve the over
crowded condition we already have in the pump houses.
C. STAFF RECOMMENDATION:
There is a definite cost saving advantage in the City being the
general contractor. First, there is an immediate 60 saving on
all materials, as the City does not pay any sales tax. Next,
there is the general contractor's commission, which can easily
range anywhere from 5% to 15%. Then you have the bonding costs
and higher insurance costs for the contractor. These normally
run from 1% to 3% of the job. With the City being the general
contractor, we should be able to realize at least a 10-20% savings
in the construction.
There are, however, some con's in regard to the City being the
general contractor. There is generally much more time involved
in being the general contractor vs. the overseeing of tiro project.
It can also be said that the general contractors have more expertise
in the area of building construction.
Tlic utaff would like the opportunity to be the general contractor
on a portion of this project. We, therefore, recommend Alternate
No. 2 in that we go out for bids based only on the addition to
Wall House H2 and that the City either negotiate with that contractor
or became the general contractor during the construction of the
addition to Wall House 01.
If completely unfavorable bids aro received again for the addition
to Wall House 02, it is recommended that the City staff become
the general contractor for both additions.
D. SUPPORTING DATA:
Drawing of proposed Pump Houso 01 addition.
- 4 -
PioPotab Pump VWAW ti.
2-/8/84
zo Pose
j CLora INkF19 —�
r �00 M
/ r L L«.arF Act
PRO Poseb f i elocic vP Ow
EXIST�Nu
I 40" PAN�k
i
I LAi� t -W
I ?
CL`o��N�
i Roo nom. {
I r
I R"�°��R' k
•I SPnncee
I w iN oow�
t . I �IJL-RHA�VI
v OLD 4"w LLS
�" •I
Flo I
I
Wavy
I d'
I 0
.I
ro w.•Q
I wPT1s�L..
Council Agenda - 2/13/84
B. Consideration of Adoption of a Resolution Prohibiting Handicapped
Discrimination. (T.E.)
A. REFERENCE AND BACKGROUND;
I recently received from: the Office of the Secretary of the Treasury
an outline of the administrative requirements for handicapped
discrimination regulations. As a city that receives in excess of
$25,000 annually of Federal Revenue Sharing, we must go through
giving public notice that we will not discriminate, must do a self
evaluation and transition plan, must designate a responsible employee,
must adopt a grievance policy, and must fulfill our transition plan
in any areas where we are deticient. With respect to the actual
physical adjustments that would need to be made within the City,
we seem to be already in compliance. Thus, we are left with the
notice, which has already been published, the self evaluation, and
the resolution adoption. Gary Anderson is already working on the
self evaluation. I wish to emphasize that the policy and the
resolution relates to the City and its programs, not necessarily private
sector. We certainly will encourage that employers do not discriminate,
but we are not becoming an enforcement body to see t hat private employers
follow the provisions of the discrimination law. This is primarily a
statement that we as an employer or as a vendor of service to the public
will not discriminate against qualified handicapped individuals.
B. ALTERNATIVE ACTIONS:
If we wish to continue to receive approximately $85,000 in Revenue
Sharing, we have no alternative actions.
C. STAFF RECOMMENDATION:
Staff recommends adoption of the resolution as presented.
D. SUPPORTING DATA:
Copy of the resolution for adoption, Copy of the procedure for resolving
complaints against alleged hand.icappod discrimination, Copy of the
information sent to me by the Office of the Secretary of Treasury,
Copy of the Federal Register relating to discrimination on the basis
of handicap.
- 5 -
RESOLUTION 1904 N_
WHEREAS, the final regulations prohibiting handicapped discrimination
were published in the October 17, 1983, Federal Register, and
WHEREAS, the City of Monticello desires to be in full compliance with
said regulations.
NOW THEREFORE, BE IT HEREBY RE.SOLVF.D BY THE COUNCIL OF THE CITY OF
MONTICELLO THAT discrimination against a qualified handicapped
individual is prohibited.
BE IT FURTHER RESOLVED THAT the Zoning Administrator/Building Official
is hereby designated as the person responsible for coordinating efforts
to comply with these regulations.
BE IT FURTHER RESOLVED THAT a procedure providing for a prompt and
equitable resolution of complaints alleging handicapped discrimination
(other than complaints concerning employment or post -secondary educational
institutions) be and the same is hereby adopted. (Procedure attached
as Exhibit A.)
Adopted this day of , 1984.
ATTEST:
Thomas A. Eidem
City Admintatrator
(Seal)
Iuvc A. Orimsmo, Mayor
N
PROCEDURE FOR RESOLVING COMPLAINTS
ALLEGING HANDICAPPED DISCRIMINATION
The intent of this policy procedure is to provide a mechanism for a
prompt and equitable resolution for any allegation that discrimination
against handicapped individuals is occurring within the general policies
and practices of the City of Monticello.
1. Individuals wishing to file a grievance against the City should
submit said grievance, in writing, to the Zoning Administrator.
2. The written grievance sLaLunwnt should incluse d) the nature of
the discriminatory act, policy or practice, b) the type of im-
pairment as defined in 31 CFR 51.55 that is discriminated against
(if applicable) and c) the date, time, location, individual or
other specific data relevant to a specific act or acts of dis-
crimination (if applicable).
3. Within five (5) working days of receipt of the written grievance,
the Zoning Administrator/Building Official shall take the necessary
action to resolve or initiate action to resolve the grievance.
4. The Zoning Administrator/Building official shall provide a written
statement outlining the corrective measures to the grievant.
5. If, in the opinion of the person filing the grievance, the proposed
resolution remains discriminating, he/she may ro-filo the grievance
and request a meeting with the City Administrator.
6. Within five (5) working days of receipt of the grievance, the City
Aiministrator shall hold a meeting with the person filing the
grievance and shall attempt to arrive at a prompt and equitable
tenolution of the grievance.
1. in the event that the grievance remains unresolved, the person filing
Lila griuvanee may, upon written notice, request to appear before the
City Council, and Lilo City Administrator shall place the individual
on the agenda for the next regularly scheduled meeting of the City
Council.
S. if, after meeting with the City Council, the grievance remains
unsatisfactorily resolved, tine individual shall have recourse through
ouch other channels os are prescribed by law.
M
(E-9k;
OFFICE OF THE SECRETARY OF THE TREASURY
WASHINGTON, D.C. 20226
OUTLINE
ADMINISTRATIVE. REQUIREMENTS OF REVENUE SHARING HANDICAPPED
UISCRIMINATION REGULATIONS
Notice [Section 51.55(c); Section 51.55(k)(6)1
A. Governments receiving; more than $25,000 in revenue sharing funds
have 90 days trom the effective date of the regulations (by January 17, 1984)
to give initial notification to the public, applicants and employees that
they have a policy against handicapped discrimination. The notice must in-
clude the name of the "responsible employee- designated to coordinate imple-
mentation of the handicapped discrimination requirements.
B. Notifications must be made in a manner that ensures the visually
and hearing impaired will receive them. Methods of providing notice include
posting notices in public places, publication in newspapers and magazines,
announcements on radio and television. Statements of the policy against
handicapped discrimination also should be included in recruitment materials
and other publications.
C. Recipients also must take continuing steps to notify the public of
specific changes made to improve access to programs and activities by the
handicapped.
II. "Self-EValsntton--Transition flan" [Section 51.55(c); Section 51.55(k)(5)1
A. Recipients have one year from the effective date of the regulations
(by October 17, 1984) to evaluate programa and activities, policies and
practices to determine areae of noncompliance with the handicapped discrimi-
nation regulations and to make "nonstructural changes- to achieve compliance.
Efforts should be mnde to Involve handicapped individuals and their organi-
zations In the self-evoluntlon process.
B. Recipients must determine if "structural changes" are needed as part
of the pelf -evaluation and, if changes are needed, prepare a transition plan
describing how the changes will be made over a period not to exceed three
yearn (no later than October 17, 1986).
C. Guve rnmenu that receive more than $25,000 in revenue sharing funds
must make it copy of the nelf-evaluation and transition plan available for
public inspection and maintain it on file for three years.
111. Designation of a Respponsible Employee and Adoption of Grievance
Procedures [Section 51.55(d)]
A. Governments that receive more than $25,000 in revenue shoring funds
must designate one, lndivldual or office (by January 17, 1984) to be respon-
sible for coordination of efforts to comply with the handicapped diecrimin-
tion regulations. The name of the designated 'responsible employee' must
be included in the initial public notice described in Part I above.
B. Governments receiving more than $25,000 in revenue sharing funds
must adopt a grievance procedure (by October 17, 1980) to provide for prompt
and equitable resolution of complaints alleging handicapped discrimination
(other than complaints concerning employment or poet -secondary educational
Institutions).
-2 -
IV. Administrative Requirements for Small Recipients [Section 51.55(f)]
Governments that receive less than $25.000 In revenue sharing funds may
be required to comply with the administrative requirements from which they are
Initially exempt, if found by ORS to have discriminated against the handicapped.
Compliance would be for remedial purposes.
V. Administrative Requirements in Pre-existing Regulations
The new adminiat rartve rpgnlre—ra are parr of the _xisting ._ nlarinna
of a number of Federal agencies, e.g. Health and Human Services and the Depart-
ment of Education. Requirements such as the self-evaluation met for other
Federal agencies may be used as part of the efforts to comply with the require-
ments for revenue sharing purposes.
Timetable for Implementing GRS Handicapped Requirements
Effective Date of Regulations - October 17, 1983
GRS Recipients Receiving More
Than $25.000 Annually -
Designate a "responsible
employee" [Section 51.55(d)(l)I:
Initial notification to the public
of the GRS Handicapped Require-
ments (Section 51.55(e)) - January 17, 1984
CRS Recipients Receiving More
Than $25.000 Annually -
Adopt a grievance procedure
)Section 51.55(d)(2)1 - October 17, 1984
All GRS Recipients -
Completion of "Self -Evaluation"
and make nonstructural changes
(Section 51.55(c)) - October 17, 1984
If structural changes are needed - October 17, 1984
as a result of self-evaluation,
s " Transition Plan" must be
prepared [Section 51.55(k)(5)1
All GRS Recipients -
Complete structural changes for
accessibility (other than to
transportation systems) (Saction
51.55(k)(4)) - October 17, 1986
I�
1_ OFFICE OF THE SECRETARY OF THE TREASURY
WASHINGTON. D.C. 20226
.. *+ SELF-EVALUATION CHECKLIST •+
This checklist is meant only as a guide. It pinpoints areas which each local
government should examine when undertaking the self-evaluation required by the
handicapped regulations. The self-evaluation must be completed by October 17,
1484, end '
-___'._.__ all o___-_ of __th (regardless -dls of _hcrc rc•.r.
cuc
sharing funds are spent). This list contains many areas which should be scruti-
nized, however, it is not meant to be all-inclusive.
Availability of services, Drograms and benefits to handicapped persona
• Deliver programs, services in alternative manner or at a more accessible site
• Perform home visits to provide services, benefits
• Provide auxiliary aids to improve service provision
• Modify or redesign facility or equipment
• Public notices to blind or hearing impaired persons
Physical accessibility to facilities used by the public
Elevators Parking Lots
A Ramps Entrances
Doors and Doorways Stairs
Rest Rooms Floors, Floor Coverings
Water Fuuntaine Public Telephones
Identification (for rooma or offices) Lighting
Walkways, Street Crossings, Curbs Warning Signal@
Switches and Controls (lights, heat, etc.) Public Meeting Rooms
Hazards (manholes, protruding or low -hanging objects)
Governments are not necessarily required to make each existing facility,
or every part of an existing facility accessible to and usable by the
handicapped. It is aspected that governments will ensure that their
programs and activities, when viewed In their entirety, are accessible
and usable by handicapped Individuals.
Policies and practices concerning employment
Employment practices - applications, recruiting, advertising, interviewing,
physical examinations, testing, etc.
Personnel policies - processing of applications, position descriptions, job
classifications, hours of work, fringe benefits, training, promotions, lay-
uffe, evaluntione, etc.
On-going employee seminars to promote understanding
Elfective grievance procedures
Reasonable accommodation for disabled persons
I
Contractual arrangements made by recipient government
• Accessibility of leased or rented buildings, facilities
• Provision of secondary recipient services
• Notification of the handicapped requirement in contracts and agreements
For further information , contact the following:
National Center for a Barrier Free Environment
1015 15th Street, N.W.
Suite 700
Washington, D.C. 20005
Telephone Number (2C2)466-6896
American National Standards Institute, Inc.
1430 Broadway
New York, NY 10018
Telephone Number (212)354-3300
President's Committee on Employment of the Handicapped
1111 20th Street, N.W.
Washington, D.C. 20036
Telephone Number (202)653-5044
Accent On Information
(Computerized Retrieval System)
P. 0. Box 700
Bloomington, I1 61701
Telephone Number (309)318-2961
Mainstream, Inc.
1200 15th Street, N.W.
Washington, D.C. 20005
Telephone Number (202)833-1136
Any of your State or local associations and organizations for the blind,
hearing impaired, disabled veterans, vocational rehabilitation and other
organizations and consultants offering assistance concerning the onviron-
mental needs of handicapped persons:
OFFICE OF THE SECRETAR" OF THE TREASURY
'•�, WASHINGTON. D.C. 20226
SAMPLE NOTICE FOR GOVERNMENTS RECEIVING OVER $25,000
IN REVENUE SHARING FUNDS PER YEAR
• •
• PUBLIC NOTICE "
• REVENUE SHARING HANDICAPPED REGULATIONS
• •
• This notice is published pursuant to the requirements of Section 51.55
• of the Revenue Sharing Regulations, as published in the Federal Register •
• on October 17, 1983. Section 51.55 prohibits discrimination against
• qualified individuals because of their handicapped status.
• (Government's name, City and State) advises the public, employees and job
• applicants that it does not discriminate on the basis of handicapped status
• In admission or access to, or treatment or employment in, its programs and
• activities.
• •
• (Government's name) has designated the following (person or "
• office) as the contact to coordinate efforts to comply With this requirement.
• Inquiries should be directed to:
• Name •
• •
• Office •
• Address •
• Phone Number •
• flours •
NOTE
This information must be communicated to the visually or hearing impaired.
This may include the use of public service radio and television announcements,
and telerommunlrntlona devices, the posting of nnrirea, thn puhlirntlnn of
notices in newspapers and magazines, the placement of notices in recipient
governments' publications, and the distribution of other written and taped
cnmmunications to groups representing the handicapped,
rn
OFFICE OF THE SECRETARY OF THE TREASURY
WASHINGTON. D.C. 2o226
Dear Chief Executive:
This correspondence is the followup information referred to in our
January 9, 1984 newsletter from the Office of Revenue Sharing.
On October 17, 1983, the Office of Revenue Sharing published final regul-
ations in the Federal Register prohibiting handicapped discrimination. These
rules, which were previously in interim form, were issued as a result of a
Federal Court ruling Ln the case of Paralyzed Veterans of Amerien et al v.
Smith et al.
General regulations prohibiting handicapped discrimination have been in
effect since April 6, 1977. The regulations issued on October 17, 1983,
have been in effect since August 14, 1981, in temporary form with the admin-
istrative requirements deferred. The delay in the effective date of the
final rogul.ations resulted from the need to obtain additional comments and
to review the administrative provisions. The finnl administrative require -
menta include the following:
• Notice Requirements
• Designation of Responsible Employee
• Adoption of Grievance Procedure
• Self-evaluation -- Transition Plan
• Small Recipient Governments' Requirements
• Requirements in Reitulatlons of other Federal Aqencies
The ORS will monitor compliance with these requirements as they become
due through the usual enforcement procedures.
Enclosed is a copy of the final regulations, a summary of the admini-
otrntive requirements and additional information to facilitate implementation.
If you have questions concerning those regulations, planes contact the Office
of Revenue Sharing, Intergovernmental Relations Division at (202)634-5200.
Sincerely. i'�"'!
Ni 91l
Enclosures
DEPARTMENT OF THE TREASURY
Office of Revenue Sharing
31 CFR Pan 51
Fiscal Assistance to State and Local
Governments: Discrimination on the
Basis of Handicap
AGENCY, ()fGce of Revenue Sharing.
Ucpdrtmrnt of the Ireusuryy.
ACTION: Fln.d rate
SUMMARY: Pursuant to order of the
t;oun in paralyzed Voierons of
Americo of of v. Smith of Of.. this
rule makes final the interim regula.
lion implementing the Incorporation
of Section 504 of the Rehabilitation
Act of 1083 into 31 U.S.C. 6701
through 6724 Ihe ' 11avenuo Sharing
Act." Soclian 504prohiblls
discrimination on Iho basis of han-
dicapped status In programs of
Federal financial assistance. Except
for section 51.55(b)(11114 tho provi•
sions of the interim regulation that
wore previously deferred now lake
effect.
EFFECTIVII GATE: .October 17, 10821.
31 CFR Is amended by adding 1 31.55
to read as follows:
15t.6! DlwAmmsflea tun tlls eaW of
handicap.
(a) Drfrsition, As used In this section
the phrase:
It "I handicapped Individual" means
any person who has a physical or
mental impairment that substantially
limits one or mora major life activities.
has a record of such on impairment, or it
regarded ns having such on impArnernl
12) -Physical or mental impulrmrnl"
means ii) tiny physiuinglyd downier lir
eonddtun, cusmeda disfigurement lir
unalnmit til lass affecting one, Of morn of
the following hod)' e5y'etr•m9.
N,euroingrruh musculoskrlrlu L'spruial
rrnae organa: rrspintory, list ludmp
sprit h organa, nrdarv'anrular:
frpruductivr. digrmitr; g,nitourinar);
hrmtu unit lymphntit. skim and
endocrine, or till any menial lir
physiological dlsordrr. such as mental
retardation, organic brain syndrome.
emotional or mental Illness, and specific
learning disabilities 7 has Well "physical
lir normal impairment" Includes, bul Is
not larowd tis, such durases and
conditions as unhujevdlc visual, .lire' h
and hearing Impairments, cerebral
palsy, epilepsy, muscular dystrophy.
multiple st.lerooia. Lancer, heart discs.,.
dialieles. mental retardation, emullonal
Maras. drug addiction and alcoholism
131"Mijor life autivilin" means
functions such as caring for one's sell,
performing manual tasks, walking.
seeing. hearing. speaking, breathing.
lesming, and working,
141 "l las a record of such an
impairment" means hug a history of. or
has been misclassified us having, a
mental or physical impairment that
substantially limits one or more major
life actvaies.
151 "Is regarded as having an
imps innenl" means ti) has e, physical or
mental impairment thus does not
substantially limit major life activities.
but that is treated by a recipient
go%ernmrnl as cunsliluling such a
limitation: Jul has a physical or mental
impairment that subatumi,dly limits
major life uctivnirs only us u result of
the attitudes of others toward such
impolrmenl; or (iii) has none of the
umpuumenrn defined in purugraph (a)jfl
of Ihw section but is treated by o
recipient government as having such
impairment.
161 "Qualified handicapped
Individual" means it) with respect to
employment. a handicapped individual
who, with reasonable accommodation.
can perform the essential functions of
the job in question: and (it) with respect
u, enviers. it handicapped individual
who ecru the essential eligibility
requirements for the receipt of such
sen Ices.
jbl Genrrol prohibitions with respect
to discrimination against a qualified
hamhrnpla•cl individual.
( t ) Those general prohibitions
desuibrcl in 1 51.521b) of this subpart.
also apply to discriminailun against a
hundii upped individual, with the
exception of ji 51.52(b)(1) fill, (ifil and
IN) of this section which are covered by
the prov leans of this subsection. In
addaun, it ret tpIre government shall:
11) Nut rvciudn o qualified
Ismaili upped indiv ideal from
patllupulion in prugnuma or at livitles
open to the generul public, regardless of
rhe avodatelily of permissibly separate
or diff -rem programs or acliv vies
dt'grnned especially for the handicapped;
)u) Administer programa and
at In lura in themust Intrgtdted setting
uppnqurwo, to this nrvds of qualified
hands app, -d individuuln
IIal Take upproprLnn atrp. to ensure
[hit t uramunlcuttuns with upplicanis,
rmpluvers, brnebc lade.. and the
general liable, aro available, to persons
wlth impaired vision or hearing, through
means out h as brsilled or toped
maanud, lelet ummunlcu6nn devices.
trhv )sed information lir other media:
(iv ) )'aka the appropriate steps to
ensure that the public hearings required
under 11 $1.15 and 61.14 of this pan are
accessible to qualified handicapped
indiv rdu.do aid that alive of ozw h
hearings Is made available to
Individuals with Impaired vision and
hearing, through means such as
telecommunication devices, brallled or
Q
taped material, televised information.
qualified sign language Interpreters or
other media:
(v) Provide a qualified handinapped
individual with on aid, benefit, or
service that is as effective in affording
equal opportunity to obtain the some
result, to gain the same benefit. or to
reach the some level of achievement as
thut provided to others:
Ivi) Nor provide a different or
sepurute aid, banefil. or service to
qualified handicapped Individuals or to
any class of qualified handicapped
individuals than is provided to others
unless such action is n ary to
provide qualified handicapped
individuals with aid, benefits, or
services that are as effective as those
provided to others:
(vii) Not aid or perpetuate
discrimination against a qualified
handicapped individual by funding an
agency, organization. or person that
discriminates on the basis of handicap
in providing any aid. benefit, or service
to beneficiaries of the program or
uctivily;
(viii) A recipient government shall not,
directly or through contractual or other
arrangements. utilize criteria or methods
of administration that;
(A) liavo the effect of subjecting
qualified handicapped Individuals to
discrimination on the basis of their
handicaps:
161 I lata the purpose or effect of
defeating or substantially impairing
accomplishment of she objectives of the
recipient government's program with
respect to handicapped Individuals: or
ICI Perpetuate ahs discrimination of
another department niche recipient
govemmenl If bush departments are
subject to common administrative
control or are agencies of the same
recipient government: and
(I%)
(Reserved)
121'1his exdusian or persons Ihot aro
not handicapped individuals from the
benefits of a program limited by Federal
statute or executive order to
handicapped Individuals, or the
exclusion are specific class of
handicapped Individuals from a program
limited by Federal statute or sxocutive
order to a different clues of handicapped
individuals. Is not prohibited by this
section.
(3) For purposes of this section, aids,
benefits, and senlcas, to be equally
effective, arc nal required to produce the
Identical mull or level of sableveme it
fat handicapped and nanhandicapped
Individuals. They must, however, afford
qualified handicapped individuals equal
I
opportunity to obtain the Identical
result. or achievement in the most
Integrated setting appropriate to the
Individual's needs.
(4) A recipient government which
government receives MOM or more
entitlement funds in each entitlement
period, shall. at the req unt of, and In
consultation with such individual.
provide appropriate auxiliary aids to
individuals with impaired►ersory.
manual or speaking ski Its, where
necessary to prevent a qualified
handicapped Individual from being
denied the benefits of, excluded from
participation In or subjected to
discrimination under a program or
activity. Such auxiliary aide may include
brsilled or typed material. the provision
of qualified sign language Interpreters.
the provision of telaeommunlention
devices, captioned films. video tapes,
televised Information or other media.
ilia Director may require recipient
governments which receive less than
525.000 In entitlement funds in each
entitlement period to provide
appropriate auxiliary aids when the
Director finds that such aids am
appropriate to remedy a violation of the
provisions of this section.
(5) The enforcement provisions
contained in this subpart are applicable
to violations of the provisions of this
section.
(cl Srlf evoluollan.
(1) A recipient government shell,
within one year of the effective rime of
this section, with the a uinance of
Interested Individuals. including
handicapped Individuals and
organizations representing them:
14 Evaluate its current policies and
practices and Iheir effects which do not
meet the requirements of this section;
(li) Modify anypollclesand practices
that do not meet Ilia requirements of this
section, and take approppriate remedial
steps to eliminate Iho effects of any
discrimination that resulted from
adherence to these discriminatory
policies and practices, except n
otherwise provided where structural
changes may be required pursuant to
paragraph (k) of this section.
121 Salf•avaluallons already prepared
for under preparation) to comply with
tho Section UN requirements Imposed
by other Federal departments or
agencies, may be used as pan of the
self•evsluatlon required pursuant to this
section,
(5) The self-avalusti on may incudo but
Is not limited to an exsminstion of: a
recipient government's policies and
practices concerning employment
decisions; the extent to which its
programs and acilvitles ase readily
accessible to and usable by the
handicapped: whether Its policies and
practices concerning the delivery of
aide, benefits and services to
beneficiaries are free from
discriminatory effects on the
handicapped: and. whether it is
engaging in contractual arrangements
which have the effect of subjecting
handicapped persons to discrimination.
(a) A recipient government. which
government receives $25.000 or more
entitlement funds In each entitlement
period, shall. for at least three years
following completion of the evaluation
required under pa ragraph (e)(1) of this
section. maintain on file, make evadable
for public Inspection, and provide to the
Director upon request (t) a list of the
Interested individuals consulted, (II) a
description of policies and practices
examined and problems Identified, and
)Iii) o description of modifications made
end remedla I steps taken (rrrord•
keeping requirement cleared by OMB.
No. 15115-(103& through January 31, 11152).
(d) Designation of responatble
employee and adaption afgrieranre
procedures.
(1) A recipient government, which
government recelves 525,000 or mora
entitlement funds In each entitlement
period, shall dedgnale at )east one
person to coordinate Its efforts In
comply with this section. Where
designation of such a person hes
already born made to comply with the
Section 001 requirements of other
Federal departments or ngrnries, that
person may also kin used to comply wilit
the requirements of this section.
(2) A reclplent government, which
government recrivrs S25.tK10 or more
entitlement funds for one or more
entitlement periods, shall adopt o
grinvnnce procedure that Int orpnrnles
appropriate dun process standards and
Ihni profdra (or the prompt find
equitable resolution of complaints
alleging any action prohibited by this
section. Such procedures need not he
established with respect to complaints
from applicants for employment or from
applicants for admisalnn to pneb
secondary educational Institutions.
Existing grievance procedures cony lin
used to mart the requirements of this
Subsection.
1e) Notice.
111 A recipient gnvemment, which
government receives 523,0110 or more
rnllllement funds in each entitlement
period. shall Iske appropriate initial and
continuing steps to notify partlrlpants,
beneficiaries. applicant a, and
employees. Including than with
Impaired vision or hearing, and unions
irolassionalorganizationsholding
�eclivs bat rgsining or professional
agreements with the recipient
government. that If does not
discriminate on the basis of
handicapped status In violation of this
section. The riot Mention shull state.
where appropriate, that the recipient
gocemment does not discriminate on the
boats of handiea pried status in
admission or access to, or treatment or
employment in. its programs and
activities. The notification shall also
Include an identification of the
responsible employee designated
pursuant to section 51.55(d). A recipient
government shall make the Initial
notification required by this paragraph
within W days of the effective data of
this section. Methods of initial and
continuing notification shall ensure that
the information is communicated to the
visually or hearing Impaired. Such
methods may include the use of public
service radio and television
announcements, and
telecommunica I Ions devices, the posting
of notices. the publication of nalicas in
newspapers and magazines. the
placemenl of notices In recipient
governments' publlraIlona, and the
distribution of memoranda orother
written and loped communications.
12) Whenever a recipient government
publishes or uses recruitment materinls
or publications containing general
information that it makes available to
participants, beneficiaries. applicants. or
empluyers, or Ihogrneral public. 11 shall
include in those materials or
publicalions a statement that it is the
policy of thereripieni government not to
discriminate against the handicapped in
employment or the provision of
services. A rrclprnt gnv ernmrnt may
meet the rcqulrrments of this paragraph
ellhrrbylntl3dmgoppm riataInserts in
existing mulerials and publlealions or
by rev i sing and reprinting the materials
end pubhrmlons,
1p Adminutiotive rr guirrmen(s for
small rrciincht worernmrnrs.Ilto
Director may require any recipient
tevemmrnl, which government receives
Tess thang2snim In entitlement funds In
each entitlement period. to comply with
the provisions of 15155 Irl. Idl, and (a).
In whole or in part, when the Durctor
finds that such requirements are
appropriate to remedy a violation of the
provisions of this section.
(g) Ismploymens discrimination
t{garnal o quah feed handicapped
Individual.
11) A recipient government shall -
(I) Not dhsrdminate against a qualiCed
handicapped Individual In employment
in any program or activity,
(11) Not participate In a contractual or
other relationship that has the effect of
subjecting • qualified handicapped
applicant or employee to discrimination
prohibited by this section the
relationships referred to in this
paragraph Include relationships with
_J
It
employment and referral agencies, with
'? labor unions, with organizations
providing or administering fringe
benefits to employee$ of the recipient
government, and with organizations
providing [reining and apprenticeship
programs:
iiiij Make all decisions concerning
employment under any program or
activity in a manner which ensures shut
discrimination on the basis of handicap
does not occur and not limit, segregate,
nor classify applicants or employees in
any way that adversely affects their
opportunities or sialua Incomes of
handicap:
(iv) Take appropriate steps to ensure
that communications with its applicants
and employees are available to persons
with impaired vision and hearing us
described in 5 51.55(bl())(ih) and th)(ik
(v) Not discriminate against a
qualified handicapped intlivideal in the
following specific activities:
(A) Recruitment, advertising. and the
processing of applications for
employment:
(ff► lfiring. upgrading, promotion.
award of tenure, demotion. transfer.
layoff, termination, right of return from
layoff. unit rehiring;
(C) Setting rates of pay or any other
for
of compensation and changes in
`< = compensation:
(f)1 �ob assignments, lob
dossi stations, organizations)
structures, position descriptions, fines of
progression. end seniority IbUi
IE1 Granting leaves of absence, sick
leave. or any other leave:
iF) Providing resign tenants available
by virtue of employment, whether or not
administered by the racipicat
government;
(C) Selection and financial support far
training, including apprenticeship,
professional meetings, conferences, and
oth it related activities, and selection for
Icovrs of absence to pursue training;
It 11 rinplayerepiessured activities,
Including sacral car recrcutiunul
programs: and
(11 Any other trim, urndehin, or
privilege of employment.
1121 A recipient gavcrnmrm's
obligation to tamply with ibis srctlon Is
not affected by any mr.onahteni term of
tiny collective baganing agreement to
which it rs u putty.
13) A recipient government's
ubligaifun to comply with this part as not
obviated car ullavlated because
employment opportunities In any
to t uputlun or pmfeaciun urn more
limited fur handicapped ini ividuul$ thou
for nonhandicupped individuals,
th) livasanablo m i gmrnud inun.
(t) A recipient government shell make
reasonable accommodation to the
known physical or mentai limitations of
a qualified handicapped applicant or
employee unless the recipient
government can demonstrate that the
accommodation would impose an undue
hardship on the operation of its program
or activity,
(2) Reasonable accommodutson may
include:
(it Making facilities used by
employees readily accessible to and
usable by handicapped persons, and
Ii[) Job restructuring, part-time or
modified work schedules. acquisition or
modifieatiun of equipment or devices
(itis, telecommunications devices and
other telephone devices), the provision
of modem or qualified sign language
interpreters. and other similar actions.
Accommudutiune shall be made in
consultation with the handicapped
Individual,
13) 1 h determination of whether an
uccummudation would impose on undue
hardship on the operation of a recipient
government's program or activity shall
he made on u case•bycusu basis upon
consideration of the following factors:
(i) The overall size of the recipient
govemmenl's operations with respect to
number of employees, number and type
of facilities. and size of budget:
(ii) Tho type. composition and
structure of the specific program or
activity and the structure of the
workforce required: and
(till The nature and cost of the
accommodation needed. Such
reasonable accommodation may require
a recipient government to undertake
mum than an Insignificant economic
coal in musing allowance fur the
handicap of a qualified applicant or
empluyea and to uc :ept minor
Inconvenience which does nut bear on
the Mistily of The handicapped individual
to perform the essential functions of the
job In question.
(I) A recipient government may not
deny uny employmcni opportunity to a
quit irb•rJ handicapped umplu)p.o or
apptirunt it the basis fur the denial is
this need In make reasonable
accommodation to thu physicist or
mental limitations of the empluyceor
applicant
its £nrployou7ir t furan and poltctes,
1f) A era Ipbml gwemment may not
cart any employment tuft, selet.tion
cnlrrion car palmy. [hut screens out, or
tends to at rtmn out from con oldrration
fur empluymrnt, a handicapped
indty! u.0 car any doss of handicapped
Inds% lclwds unless
(i)'l'ha test. selection criterion or
policy as used by the recipient, is shown
so Int directly related to the essential
lenctivas of the position in question, and
Its) Alternative job related tests,
criteria or policies that do not screen
out. or lend to snrcen out as many
handicapped individuals are shown to
be not available.
(2) A recipient government shall
select and administer testa using
procedures (e.g., auxiliary aids such as
readers for visualtydmpaimd
Individuals or qualified sign language
interpreter for hearing-impaired
individuals) [hat accommodate the
special problems of handicapped
individuals to the fullest extent
consistent with the objectives of the
test. The test results shall accurately
reflect the applicant's or employee's
ability to perform the essential functions
of the job In question, rather than the
applicant's or employee's impaired
sensory, manual or speaking skills.
except where such skills are essential
requirements of the job.
13) if a recipient government has
established a test, selection criterion or
policy that explicitly or implicitly
screens out, or lends to screen out. a
class of handicapped individuals from e
particular job, and cannot establish that
the class as a whole is unqualified to
perform the job, the recipient
government shell evaluate each such
Individual who applies for the job to
determine whether the applicant can
perform the essential functions of the
job In question despite the handicap, As
pan of the determination, the recipient
government shelf also decide whether
such applicant would be qualified to
perform the essential functions of the
job In question through reasonable
ucci mmodation without undue
hardship, as provided in 151.65(hl of
this section.
(j) Poceniployment inquiries.
(I I Except as provided In paragraphs
(p (2) and 121 of this subsection, a
recipient government may not conduct a
preemployment medical examination or
make preemployment inqulry of an
applicant ins to whether the applicant is
a handicapped Individual or as to the
stature or the severity of a handicap. A
reciplent government may, however,
make preemployment inquiry Into an
applicant's ability to perform the
essential functions of the job.
(2) When a recipient government Is
laking remedial action to correct the
eReess of past discrimination: when a
recipient government Is taking voluntary
action to overcome this effects of
conditions that resulted In limited
participation In a program or activity, or
whena recipient government is taking
affirmativa action. them0ptenl
government may invite applicants for
employment to Indicate whether and to
what ancient they aro handicapped,
provided that:
ji) The recipient government states
clearly on any written questionnaire
used for this purpose or makes clear
orally, if no written questionnaire is
used. that the information requested is
Intended for use solely in connection
with its remedial action obligations or
Its voluntary or affirmative action
efforts; and
iii) The recipient government states
clearly that the information is being
requested on a voluntary basis. that it
will be kept confidential as provided In
psrogroph ())14) of this section. that
refusal to provide it will nor subject the
applicant or employee to any adverse
treatment, and that It will be used only
in accordance with this section.
(9) Nothing In this section shalt
prohibit a recipient government from
conditioning an offer of employment on
the results of a medical examination
conducted prior to the employee's
entrance on duty, provided that' III all
entering employees are subjected to
such an examination regardless of
handicap. and (ill the results of such an
examination are used only In
accordance with the requirements of
this section,
14) Information obtained In
accordance with this section as to the
medical condition or history of the
applicant shall be collected and
maintained on separate formsand shat)
be accorded confidentiality as used for
medical records, except that:
(q Supervisors and managers may he
Informed regarding restrictions on the
work or duties of handicapped
Individuals and regarding necessary
accommodations
(11) First aid and safety personnel may
be Informed, where appropriate, If the
condition might require emergency
treatment: and
(ill) Government officials investigating
compliance with the Act shall be
provided relevant Information upon
request.
(k) prt ymm orcrssibihtt'.—I t )
fist rimrnahuri prohibdrd , No qualified
handicapped Individual shall, because
the facilities owned or leased by a
ret ipient government are inaccessible to
or unusable by handicapped persons, he
denied the benefits of, be excluded from
participation In, or otherwise be
subjected to discrimination under any
prugrarn or activity of a recipient
government, which government receives
entitlement funds.
111 Erattins fochtres.—(IlPrrrrmm
accessibility. A recipient government
shall operate each program or activity In
ekisling feci illss owned or leaned by It
to that the program or activity. when
viewed in its entirely, Is readily
accessible to and usable by
handicapped individuals. Recipient
governments are not necessarily
required to make each existing facility,
at every part of an existing facility
accessible to and usable fly
handicapped individuals. Where
structural changes are necessary to
make programs or activities in existing
facilities accessible. such changes shall
be made us soon as practicable, but in
no event later than three years after the
effective date of this regufolion except
as otherwise provided in this section.
Reripient governments shall not be
required to revoke lenses on which
lessors refuse to make the structural
changes needed if no more accessible
facility Is available. but shall use the
provisions of subparagraph (ii) to ensure
that the maximum possible accessibility
is achieved.
Iii) Alethods of compliance. A
recipient government may comply with
the requirements of paragraph 11) of this
section through such means as redesign
of equipment the use of
telecommunications devices or other
telephone equipment, reassignment of
classes or other services to accessible
buildings, assignment of aides to
beneficiaries. home visits, delivery of
health, welfare, or other social services
at alternate accessible Bites, alteration
of exisiing tacilitles and construction of
new facilities in conformance with the
requirements of paragraph (k)(7) of this
section, or any other methods that result
In making its programs or activities
accessible to handicapped Individuals.
A recipient government is not required
to make structural changes in existing
facilities where other methods srn
effective in achieving compliance with
Paragraph (kill) of Ibis section. In
choosing among available mrthtnis for
meeting the requirements of paragraph
(kllf)o thissrc:lion.arrripirnt
government shall give priority til thorn
methods that offer programs and
activities to handirupprd persons in the
most Integrated suiting uppruprlati, to
obtain the full benefits of the program
(a) 8vr epnm for small rev . purl
gnvemments. if a recipient pavrrnmrnt,
which government ter elves less than
11123.000 in entdlemrat funds, in ear h
entitlement period, determines, after
eansuitalion with a handicapped
individual seeking a health. welfare or
sorial service. that there is no method of
comply{n$ with paragraph (kgtl of this
section other than making a dgnlfiranl
siteralion In Its existing tat dales, that
government may, to an ullernatmxe, refer
the handicapped individual to ether
providers of those services that are
accessible at no additional cost to the
handicapped individual, Examples of
other providers of those arrvit es are
G
States, counties or other larger units of
local government.
14I rime periods. -011 Nonstructural
changes for accessibility. Where a
recipient government has determined
that certain nonstmcturul changes are
necessary to make its programs and
activities readily accessible to anti
usable by the handicapped. after
evaluating its policies and practices
during the self-evolualion required
pursuant to subsection (c), these
changes shall be made. with other
modifications determined to be needed.
within the one year period for
completion of the self-evaluation.
IitI Strurrumt changes for
orresstbitily. Except as otherwise
provided in subparagraph (iii). where a
recipient government has determined
that structural changes in facilities are
necessary to make its programs and
activities readily accessible to and
usable by the handicapped, after
evaluating its policies and practices
during the self-evaluation required
pursuant to paragraph (c). those changes
shall be made as soon as possible but
not later than three years from the
effective date of this section,
(ill) rronsportahunsystems.
Transportation systems shall be made
accessible to qualified handicapped
Individuals as provided In paragraph
(kilt) of this subsection in the same
manner and within the time periods
prescribed in regulations issued by the
Department of Transpertailon (40 CFR
Farr 21. Subpart E),
IL) rrnnsmon plan, in the event that
structural changes to facilities am
necessary to comply with the
requirements of paragraph fklll) of this
section, a recipient government shall
develop, within one year of the effective
date a this section, a transition plan
sening (orlh tho sops neirssary to
camp tie sat h t hinges within the time
periuds to paragraph (k 1141 of this
set tion, 71he plan shall be prepared as
pail of till' self ev.tlualion required
undrr 151 M1 ift).ind devrfnprd with the
as+ist.rnrn of interested inda tdaals,
lot falling hondu apprd mdn:daals car
urganlrntions representing handir ifpcd
Individuab.Transuon plans already
prepared (or under preparation) to
comply with the Set lion U4
requirements Imposed Iry other Frd.-ul
agrntles. may be used as part of the
transition plan required pursuant to this
art lion A ret intent government whorls
government rrr eves V Mt1 or more in
entitlement funds shall mskr a t nnpp of
the transition plan ■vaitib!e for purple
fnsp"lion for a period of thres years
and furoleh it to the Dirererr upon
request The plan shall at a minimum
(i) Identify physical obstsrfro in the
ret iplent gav ernment's fat ditirs that
91
limit the accessibility of its program or
activity to he ndicopped individuals:
(it) Describe in detail the methods that
will be used to make the facilities
accessible:
(ill( Specify the schedule for taking the
steps necessary to achieve full program
accessibility and. if the time period for
the transition is longer than one year.
Identify steps that will be taken during
each year of the transition period: and
(iv) Indicate the person responsible
for implementation of the plan.
(0) A'once. The recipient government
shall adopt and implem"n, proredurex
to require that interested individuals.
including individuals with impaired
vision or hearing, can obtain
information as to the existence and
location of particular services, uetl%ities.
and facilities that urs accessible to and
usable by handicapped individuais.
17) New construction. no
construction of faciliti"ab yy n recipient
government financed in whula or in par,
with entitlement funds or the
construction of a facility pursuant ,o a
contract for the recipient government to
lease the building facility In Its entirety.
on or after January 1. 1077, shall be
accomplished so as to be readily
accessible to and usable by
handicapped Individuals.
151 Alterations. Alterations to existing
facilities ownedar leased by a recipient
pvemmenI' which alterations are
ndnd with entitiement funds and
commenced on or after January 1, 1077,
shall, to the maximum extent feasible.
be designed andeonstrueled to be
readily accessible to and usable by
handicapped individuals,
101 American National Standorth
lnstdute Acrenibilit y Standords.
Design, construction, or alteration of
facilities in eonformaneo_with the
"American National Standard
Specifications for Making Dulldinggs and
Fanbtirs Acc:eulble In, and Ilsabin by.
the Physically Handicapped," published
lay Ihr' American National Standards
Institute, Inr. (ANSI A 117.1.1 101
(10711),' whit h Is int arpnrmto by
reference, shall constitute canplmnce
with puragrapha(ki (1) and 12) of Ihls
archon, A re.tApirnt governmr it also
may use the rcvued ANSI standards
murd In Ma y of lown, whlrh are also
Int ngaor.ded hpp refrrrnce and are
ohtalnuble at Thr same uddresa A
ser,ptenl gux moment may uso sinnda lls
nlhrr thin the 1061 or 10061 standards or
Whet mrlhuds, if the gueernmenl
rx,aLhehrs that It Is I Irarly r%,den, that
rqunob at or bi ill r o". 1, lu the Ina illy
Innes A--
hl.rul.na In.nt un In 14.1111—da.y Wo Yat
by Inns Ire also rent Iglnm darn ta.
.nit Ihr r.daa# ary.tls.
or pan of the facility is provided.
(101 Exception for construction
projects commenced prior to lanuary I.
1977. The provisions of this subsection
do not apply to buildings or construction
projects. including those funded with
revenue sharing funds. commenced prior
to January 1.1077• including those
funded with revenue sharing funds.
unless it is determined that programs or
activities funded in whole or in part
with revenue sharing funds am
conducted within or make use of such
facilities, in which case• those programs
and activities must be readily accessible
to and usable by handicapped
individuals us described in paragraphs
Ik)(211i1 and Iii) of this subsection.
1111 "Canurrencement of eonstr uction"
defuaxl. A construction project shall be
deemed to have eommrneed when the
recipient government hos obligated Itself
by contract for the physical construction
of the project or any substantial portion
of the project.
(1I Connlmation of inn soh•ed legul
iYslll'r.
Whenever the Director receives a
complaint which alleges u violation of
the provisions of this section and
Involves u It -Sal Issue that has not been
resolved judicially or administratively,
the Director #hull request guidance from
the Department or justice which was
designated by Executive Order 12250 to
coordinate Section 504, within one week
of rrcript of such complaint. The
Director may defer action on the
complaint pending receipt of the
guidance if It Is determined that such
guidance will be received within one
month from the Issuance of the request.
Thereafter. the Director their then act In
aecordamcn with the guidance. If the
Dircaur determines that the Ihpartment
of Jusilcocannot provide guidance
concerning the proper course of action
within it period of one month 150 days).
the Dire. let shall proceed to Initiala
fsr:l'finding activities wllh respect to the
complaiel. During that process, the
Ihrectur shall I wmnue to keep the
O.'pavunenl of justice advised of the
actions taken, pending receipt of the
guidon o requested.
Appendix A Sectlon•bySectlon
Analysis
tier non m M Uncrinunutwn on the
IIUS13 at IlanJunp
%lust of the approximately 50
comments on the prupoted regulations
i (immird dist riminalion on the basis of
hauda all). 416 JIM [Jed III Srclion frit of
the Rehabilitation Art of 1075. As with
the pre%Was proposed handicapped
dasl ramululion rrguleliom, the majority
of the I emmenu expressed comers
about this 44111 of compliamn and
U
objected to specific provisions such as
the definition of handicapped individual.
the self•evalualinn requirement and the
accessibility requirements. The
Department has little discretion
concerning the substantive provisions
contained In these regulations.
Executive Order 11014
"Nondiscrimination with Respect to the
Ilandicapped in Federally Assisted
Programs" requires Federal departments
and agencies with Section 504
responsibility to issue regulations
consistent with the standards and
procedures established by IIEW.
Comments requesting elimination of or
major revisions to these provisions were
not acted upon due to the requirements
of the Executive Order, which was
issued to ensure consistent Federal
enforcement of Section 504. Revisions
have primarily been made for
clarification purposes and in some
instances to make the substantive
requirements conform more closely with
the requirements for the General
Revenue. Sharing Program.
One such revision is that all
references In the proposed rule to
special provisions for smaller recipient
governments as those empinying fewer
than 15 employees have been changed
to those receiving 525.000 or more In
entitlement funds in ench entitlement
period, The reference to fewer than 15
employees has little relevance for the
General Revenue Sharing Program
which unlike gram programs, provides
financial assistance to Slates and local
governments. as opposed to particular
departments and agencies or even
private entitles. The number of recipient
governments which employ fewer than
15 persons Is negligible. Further, "aIndependent audit requirements In
Section 127(cj of the Revenue Sharing
Act exempt local governments receiving
less than 125.000 in entitlement funds. In
the Interval of consistency with this
Congressional guidance. the General
Revenue Sharing Programs final
regulations prohibiting discrimination on
the basis of handicap, should also
Incorporain the V3.4.101) standard.
Section 51.55161 entitled. "General
prohibitions with respect to
discrimination against a qualned
handirapprd Individual" contains The
prohibitions against discrimination In
the provision of services, Section
5155(bN1) (fill and (Ivl were emended In
response to comments that The
provisions did not provide sufficient
guldanrn concerning haw recipients can
make umllaumcahons and services
available to persona with impaired
sensory. manual and speaklnp skills.
Examples of methods were added to the
to tons. Sertian 11.15(hNlNvi was
Hided and a new 1 51 WbN41 was
added to expand the discussion of how
to revide appropriate ouxlliary aids 16
Individuals with Impaired sensory,
manual and speaking skills. It Is noted
that auxiliary aide must be provided
only at therequest of the handicapped
individual. Furthei, recipient
governments must consult with the
Individual to determine the most
appropriate auxiliary aide to be usad: It
is expected that requiring each aids only
upon request. as recommended by
organizations representing the
handicapped, will reduce the cost of
pro;;Idlri bandtcappcd Indtvldaels with
access to programs and activities. It will
do so in a manner that will meet as
closely us possible the Individual nerds
of the handicapped.
Section 51.55(b)(1)Itv), which requires
that the public hearings required under
the Act and regulations be accessible to
the handicapped, was amended In
response to comments to how such
hearings can be mode more accessible.
Proposed it 51.55(b)(I) (vl►, (vip and
(viii) are redesignated f 51.55(6)(]) (v►,
(vi) and (vii). Further. 151.5b(b)il)(vilf
was amended to remove reference to
secondary recipients because this
definition Is currently under review.
This does not mean, however, that
secondary recipients (as currently
defined) are not covered by these
provisions.
Section 5i,551b1(I)lix) has been
redesignated C 51.55(b)(1)(viil). One
commenter suggested Ihufsubparagraph
(C) had been drafted loo narrowly,
prohilihing discrimination ngnimo a
secondary recipbmt only if sublrcl to the
common administrative control of n
recipient government. This
subpurogroph was untended to delete
the reference. to Iho secondary terlpienl
situation and 10 clarify that where u
recipient government funds a particular
deputiment In whole or In part with
revenue shoring funds, any sulAivislon_
of that department cannot use those
funds to discriminate,
Section 51.55(e) "Self-evaluation" was
icurgunized to Improve Its clarity. This
section was amended to clarify that
where the self-evaluation discloses the
need to make structural changes, those
changes are to be made within throe
yeurr;rather (lien the one-year period
provided for the self-evaluation. A now
subsection (c)12) was also added to
allow recipient governments to use self -
evaluations already undertaken for
departments such as III IS or the
Department of Transportation, This
provision was added to Improve the
coordination of Federal enforcement of
Section 506 A now subsection (c)(0) was
added in respnmo to commons that thn
proposed regulations did not provide
sufficient guidance as to what s
recipient government is to evaluate.
Fasenlially, a recipient government must
review all of, policies and practices
concerning the provision of services.
employment and the selection of
facilities to determine their impact upon
the handicapped and devise methods to
remedy the effects of discrimination
found.
In implementing the self•evoluution
and transition plan, o recipient
government must review all policies and
practices, nor Just those in which
revenue sharing funds oro currently
being expended. This is because a
recipient government potentially can
spend revenue sharing funds for any
purpose permissible under Stare and
local law. therefore, review only of
those areas in which such funds are
actually expended would nor affect
those programs and activities which
may be funded In the future. Further, o
large number of recipient governments
appropriate revenue shoring funds to
their general funds resulting in the
expenditure of revenue shoring funds in
pan to support all governmental
functions. lastly, this position is
consistent with other revenue sharing
compliance activities. Recipient
governments are requested to conduct
public hearings not solely on the use of
revenue shoring funds. but also on the
use of those funds In ielation to their
entire budget. Reciplrnt governments
aro also required to conduct
Indrpendent.oudits. Such audits must
encompass all funds of the reelpicnt
government. not fun those in which'
revenue shuring funds am placed.
Section 51.55(d), "Designation of
responsible employen and adoption of
grim'ence procedure" woe amended to
provide that Indlviduals designated to
romillnurn Section UN compllonce for
other Federal departments unit agencies
and existing grinvanco procedures finny
be used to comply with the requirement*
of The General Revenue Sharing
Program.,
Suction SI MIrl, "Noticd"-was
amended to provide examples of how
public notices can bn communicated to
the sensory Impaired.
Sncllon 51,55(f). "Administrative
regoiremenis for small recipient
governments' was amended to provide
that a small recipient government may
be required to comply with the
administrative requirements to remedy
violations found by the Director. A
number of commenters exproaed the
view that the administrative
requirements were too burdrmnmo on
smaller recipient governments and
should never be required. Others
objected to any learning of the
requirements for smaller recipient
governments. In an effort to balance
these computing interests. Iho
exceptions for smaller recipient
governments are maintained but such
governments may be required to comply
with the upplieable provisions,
Section 51.55(8) "Employment
discrimination" was amended to add o
now subsection (g)ll)lili) bricause it is
one of the basic, prohibitions contained
In the IfEW Guidelines and is therefore
required to be contained In the
regulation. Proposed Sections
51.55(g)(1)liii) and (iv) are redesignated
(iv) and (v). In response to comments.
It 51.55(g)(1)(iv) was amended to include
examples of how communication can be.
made available to the sensory Impaired.
Concerning this section, one, commenter
questioned whether a recipient
government can be required to
undertake offirmntive action to employ
the handicapped. Section 501 dors not
require affirmative action, as does
Section 500. Section 509 requires only
that recipient governments refrain from
discriminating and undertake remedial
action where discrimination is found.
Section 51.55(h), "Reasonable
accommodation" was amended in
responen to comments to odd examples
of reasonable accommodation for the
sensory impaired. The section was also
amended to provide that the
accommodations shall be mads In
consultation with the handicapped
individual; Ono commenter requested
greater specificity concerning what is
required far reasonable accommodation.
Considering the broadness of the
der nlllon of handicapped individual.
what constituter reasonable
accommodation must be determined on
o rasmbycusn basis and the rcgulalion
must remain broad. A new sentence Is
added to subsecilon (h)(5)(iiu) to'reftaci
the fou that an aciammodation that
causes Incon%enicnre to the recipient
government or results In some economic
con is not per to unreusonabla,
Section 51.55(ih "Employment criteria
and policies' was revised to conform
subparagraph 121 more Closely to the
I IEW regulations, Several comments
suggested the appllcadon of the Uniform.
Guidelines on F,mpitryee Selection
Procedures to these pprovidons.'llre
Guidelines specificslly apply only to
rare, color. national origin, so% and
rollgion. If they am formally revised to
apply to handicapped discrimination,
the Director will adopt that application.
One commenter questioned the use of
the phrase "clan as it whole" In
subseellon (i)(5).Thn Dirrrtardoes not
agree that the phrase should be
changed. To lin able to use a soleUlun
pass More which eve bides u (bis of
hundu apped mdevtduals as u whole. the
reclpirnt government must establish to
l
9
the antisfddion of the Director that no
member of Ilial class of individuals
would be able to perform the essential
functions of the job in question.
Seulon 51.55(1,), "Program
accrsslbdily" received a majority of the
comments relating to the cost of
eomplinner It is emphasized that
compliance with this subsection docs
not mean that recipient governments
Will be furred to retrofit all of their
public buildings. For a particular
program or activity to be accessible. it is
not required that the entire facility in
tthl , ilii. ptuat am oa atllvily is
ronducled be accessible. Slrurtural
changes to facilities are required only
after all other means of making
programs accessible have been pursued.
Recipient governments should first. as
part of the self-evaluation. review their
program and ucdveies to determine
whit h ones are not accessible. then.
recipiunt governments should determine
how diner, programs and aclat itics can
be made fit rrasible. Rebar slrm.tural
changes tiro required. the a,ulafliun plan
should be prepared at the same, limn an
the self-evAna lion, Non-structural
changes which can be made la achieve
nru-ssibibty should be uuumpbshcd as
purl of the modifications and remedial
aWton required during the self.
evaluation A period of nno year is given
for the w hula self-evaluation process. It
Is not likely that the review part of the
selGrtaluulion cin be completed wilhln
on days Accordingly, the subsection (4)
time penoduare amended toallow the
non-structural changes to be made. with
other modifications required under the
se(G nialummn, during the one year
period. Strurcural changes are still
required within three years unless
Irunsportaltun systems are Involved, as
prow idrd in the proposed rule.
A number of comments were received
on 151 t pj, "l eased feellitlea ' 9 he
Director agrees that Ibis provision as
writ run neededdanfiratwn Ills
important, however, to make 11 clear
that a Ire iplent govemmpnl cannot
avoid the program at rpulbtiity
requirements merely by conducting its
programs and uelivitles In leased
fat dines Accurdingly. firc.ttnn
51 55(klllol has been eliminated and
subari sons 11,111612), Ikl (71 and (9)
have been annended lit i lardy that
programs and atliv ilies operated in
existing fantiun, owned or leased by
the rel Ips fit gmrrnmum. must he
at useable R here a era 1plrnt
gest rnment I it fat Ih1Y. it 111110
make whatrx rr numslrut rural i h.mges
urr, ort t aisle m nwlip Lu'ata x
W i r ai,bL R'hi rr an rusimg Lu dhly Is
li.i%vd. tillwt'ti i Ileal Lural t hallgr a will
not he rrgwrrd d the Iessur refuses to
make them and no other more readily
accessible facility Is available.
Subsection 51.55(k)(2) is amended to
add examples of how greeter
accessibility can be achieved for
handicapped individuals with sensory
Impairments.
Faisting facilities newly leased after
January 1. 1977. or on which louses are
renewed must meet the requirements of
(t 51.55(k)121 for existing facilities.
Leases of newly constructed facilities
must meet [he requirements set forth In
1 51.55(k)(7) for new construction.
.^.Ito:atloca to existing faellllies whh.h
are leased must meet the requirements
of li 51.55(1)(8).
Section 51.551k)[5). 'Transition plan"
was amended to extend the lime period
for preparation to one year. In order that
it could be prepared in conjunction with
the self-evaluation. The proposed rule
was amended to provide that transition
plans prepared to comply with Section
SM requirements for other departments
or agencies may also he used to comply
with the requirements for flan Central
Itmenue Shoring Program.
Srclmn 51.5511,)(9) a amended to
inrorpurair the 1980 American National
Stand,nd Inaluute Standards, as well us
tin 10111 version and allow compliance
with -fiber.
Proposed 151.55(1,)(10). as discussed
above, as eliminated.
Proposed 0 51.55(k) (it 1 and (12) have
been redesignated 1 81.55(k)110) and
111), One commenter suggested that the
definition ulcommencement of
construction be amended to conform
with definition contained In the IIF W
regulations. In this instance, however,
The provision being interpreted Is one
unlquely included In the Revenue
Sharing Act and need nut be consistent
with IIFW's definition.
One commentor suggested that
■ubseclion (k) should provide specific
provisions concerning the need for
strut lural changes to hbturical
prepertrrs.Ituwover, the regulations.
with their emphasis upon program
accessibiliq over struuural changes to
faclities, do not need specific treatment
of histork ad properties.
A new 181,5511) is added to the
rrgulalions to rover the situation in
whit h the URS is request rd to ail upon
it i onipinml i unt ernmg sublet 1 matters
unresuhed by another hrdvral agent y,
the agent V In rhargr of comdinallon of
Set unn,M or by the tourb One
example of nut h au unrrsolted Issue is
wheihrr ubrnit should be tunsidrred a
hdmhi ..p Anutberrxample Is whether
all laubhi ItLit+sun bl.,,u L.oting must
Ire a.gttiutud hilt the drat lir
Di-parlmd ni al hhu down is t urrrntiy
inwha if in Idtg.atwn an 1 hu issue and at
the same lime the i umpla i nants hate
filed a complaint with the ORS. This
provision is particularly needed because
the ORS supports an almost unlimited
range of programs and activities of Slate
and local governments that are under
the primary jurisdiction of other
departments and agencies.
The Director has determined that the
ORS should defer action on matters not
resolved until the coordinating agency
provides guidance In the Intent of
uniformity of Federal enforcement of
Section 594. In this way, the ORS will
hopefully avoid prematurely creating
solutions to unresolved problems In this
still evolving area of the law. "a
coordinating agency referred to Is the
Deportment of justice pursuant to
Executive Order 12250, which
supersedes Executive Order 11914,
which gave such authority to the old
Department of MIN.
At the some time, the Director is
concerned that consultation with the
coordinating agency may impede
resolution of complaints in the
expeditious manner required by the
Revenue Shoring Act. In order to ensure
that coordination will take place as
expecilliously as possible, and at the
same lime allow for nexlbility. the
regulations would require, the Director to
consult with the coordinating agency
within one week. The Director would
also have to make a determination as to
whether the Department of justice will
act within thirty (70) days. lf guidance
cannot be expected within thirty (30)
days, the Director shall begin to obtain
preliminary Information needed to
Investigate the complaint once the
request for guidance Is recolved, Tho
Ogg may defer making any findings
until the Department of justice has
provided the necessary ifu(danca. With
these safeguards, possible deferral of
action an the complaint should not
result in undue delay In the processing
of complaints. Accordingly, when a
complaint concerning unresolved issues
under Section 804 Is received, the
Director would Immediately consult
with the appropriate lead agency and
act upon the guidance received,
pelt: ascan rad is n a"I
e4tsra am 4$t&*4
0
Council Agenda - 2/13/83
9. Consideration of Approving Shared Expense for Gary Anderson to
Attend Nuclear Workshop in Oakridqe. Tennessee. (T.E.)
A. REFERENCE AND BACKGROUND,
According to Norm Eklund, this may be the last time that !LSP
participates in this program with its neighboring governments.
In the past NSP has paid the tuition and travel cost to send
Loren Klein, Arve, and me to the week long school in Oakridge.
Based on sty experience in Oakridge, I think the program is
absolutely essential fur G"y to attend; and I think Aroe would
concur. This year, as in the past, NSP will pay for the approximately
$1,700 registration fee, and the air travel expense. The City's
obligation is limited to meals and lodging while there. When I
attended, the City also paid for the rental car that I needed. However,
this year if Gary attends, he will be accompanied by Norm Eklund of
NSP and Genoll Reese of the County Civil Defense, and perhaps another
individual. If that's the case, there may be soma shared rental care.
I do know, however, that Norm Eklund is planning to tako his wife
and drive down rather then fly. I do not know the plans for the
other individuals. Gary has also informed me that the County Civil
Defense is applying to the State of Minnesota for reimbursement for
local expanse. Thus, it is conceivable that we can be reimbursed,
either in full or in part, for our share of the cost. At any rate,
I found the Oakridge program to be enlightening and critical to my
understanding to nuclear operations and strongly encourage that we
send Gary this April.
B. ALTERNATIVE ACTIONSt
1. Approve the expense on a shared basis with NSP to send Gary
Anderson to Oakridgo, Tennessee. I think this is very important
to his overall understanding of nuclear operations. I also think
it's important that we do it this year since NSP is looking at
discontinuing this program. The discontinuance of sending public
officials to this school is apparently an effort to cut back
extraneous expense by the company.
2. Do not approve the expense. Since I think it would be unfair to
ask Gary to incur this expense out of him own pocket, we essentially
would not be sending him to the school. If, in fact. NSP cuts the
program out, then there would be no future opportunity at this
"bargain rate."
C. STAFF RECOMMENDATION:
I strongly urge you to approve the expense for Gary to attend the school
in Oakridge.
D. SUPPORTING DATA:
There i■ no additional material for this.
- 6 -
Council Agenda - 2/13/84
10. Consideration of Possible Acquisition of Tools and Minor Equipment
for Various City Departments. (J.S.)
A. REFERENCE AND BACKGROUND:
At the January 9, 1984, Council meeting, during the discussions about
the purchase of a welder for the shop and garage, Councilman Dan
Blonigen said he would like to check into the welder purchase along
with the purchase of other tools and minor equipment for the Maintenance
Building. During that week following the Council meeting, I had the
opportunity to meet with Dan at the shop and garage and discuss the
u:cldcr pt:rcharc. '_'1 :ically 3icc:: :c cd varlouz tcolz a:.. mil r r
equipment and methodologies of minor repair and maintenance with the
Street Superintendent.
Several items of concern came about during this meeting with Dan
and several other meetings and conversations that followed. After
demonstrations of the existing shop welder and discussions about
various welding rods and techniques, Dan authorized the purchase of
the 250 amp AC/DC Miller Welder. Of the several items discussed
about the shop and garage, the following three items appeared to be
most provalent. 1) Rearranging the bench area to include easier
access to the minor hand tools such as hammers, screw drivers ,
combination wrenches, otc. 2) The purchaso of larger grinding
equipment to enhance the efficiency in sharpening mower blades and
heavy grinding. 3) To update the tool inventory at the shop, and cut
down on borrowing from other departments.
It had been the basic policy in the shop to purchase small tools and
minor equipment only as the individual need arised. There was a
significant amount of borrowing from other departments and on occasion
from individual employees when specialized tools were needed. We,
therefore, decided after discussions with Dan to look into the
City wide borrowing policy from one department to the other and
come up with a comprehensive list to cut down the borrowing between
departments and thereby increasing the efficiency of the departments.
We have enclosed a list of those minor tools that would enhance the
operation of the various departments and also on this list aro the
items borrowed or rented enough times to justify acquisition of
additional items.
In going down the first list for small tools and minor equipment
under shop and garage, the various pipe wrenches and drill bits
and hammers would fill the gaps in the tool inventory at the shop.
The 12 Volt Hyd. Pump used by tho Street Department is normally used
in the Water Department, and it is borrowed back and forth to excess
So an additional pump is needed.
7 -
Council Agenda - 2/13/84
The total budget for shop and garage small tools and minor equipment
for 1984 is only $750.00. The purchasing of this equipment would
put us $195.00 short of budget and would not allow for any additional
tools to be purchased over the year.
In the Water Department, miscellaneous hose adapters and socket drive
sets are borrowed back and forth from the Street Department and/or
Wastewater Treatment Plant Facility. No amount was allocated in 1984
for small tools and minor equipment in the Water Department. Therefore,
this would cause a shortage of $155.00 in that budget.
Under Capital Outlay in the shop and garage, we have placed in the
budget an amount for two electric door openers for the new pole barn
and the insulation of two stalls with heater in the pole barn. In
addition, we have budgeted for a 20-30 ton press for straightening
shafts and pressing bearings. In the past few weeks we have used
outside services for a press twice and had to wait as much as three
hours for a shaft to be straightened. The cost of press work is
relatively cheap, but the down time involved is unacceptable. We,
therefore, fool that the purchase of a press is necessary in 1984.
The proposed capital outlay also indicates the purchase of a 2 tip
bench grinder, a 3/4 HP bench grinder, and a used hand sheer. The
current grinding of heavy metals and blade sharpening is done at
the shop with a combination of the small 1/3 HP bench grinder and
a large 9" disc grinder. We have realized for some time that the
existing 1/3 HP bench grinder is too small and aro anticipating re-
placing that unit with a 3/4 HP bench grinder. The 2 HP bench grinder
would initially be used for sharpening mower blades and other heavy
grinding. Dan can cludo to the advantages of having this large of
grinder. It is my understanding that this grinder would be faster
than the 9" disc grinder that we currently use and would produce an
edge on the mower blades that would last significantly longer than
those edges now being produced. As far as the used hand shear, we
do not have a price at this time, so we cannot toll if it would be
a cost effective piece of equipment to purchase or not. If those items
are purchased for the shop and garage, we would realize a shortage in
1984 of 01,340.00 in the Capital Outlay Fund.
In the collection aystcm, we have found that there is excessive borrowing
of the gas detector from the Wastewater Treatment Plant Facility. The
gas detector is used to chock the oxygen and explosive gases in the
manholes prior to our workers ontoring. Thin is a safety device and
the existing one is owned by the Wastewater Treatment Plant Facility
funded through the grants program. There is no budget item for this.
It was passed over during the last budget period because of the
availability of the one from the wastewater Treatment Plant Facility.
Council Agenda - 2/13/84
For capital outlay in the Wastewater Treatment Plant and lab, we
have listed an oscilloscope to aid in the calibration of some of the
equipment at the Treatment Plant. The other four items shown on
the list were not budgeted for. The 9" disc grinder is being
borrowed from the shop and garage as is the battery charger. The
battery charger at the shop and garage is of the adequate size for
the Wastewater Treatment Plant Facility. If a new one were purchased,
it would more than likely be of the size currently needed by the
shop and garage, and a switch would be made. The concrete and pipe
saw has become a useful tool for the City of Monticello. We have
in the last eight months paid approximately $225 in rent for the
use of a saw used in various projects. It would be cost effective
over the long run to purchase our own saw. Although this saw would
most likely be kept at the Wastewater Treatment Plant Facility, it
would be used throughout the City on other projects. Also borrowed
is the 20 ton jack. The only 20 ton jack we currently have is at the
shop and garage and is borrowed often by the Wastewater Treatment
Plant personnel. The purchase of these items would leave us short
approximately $1,025.00 in the Capital Outlay for the Wastewater
Treatment Plant.
The total shortfall for the purchase of all these pieces of equipment
and tools is expected to be $3,915.00.
H. ALTERNATIVE ACTIONS:
1. The first alternative could be to purchase the items as listed
and transfer $3,915.00 from the surplus in the Capital Outlay
Revolving Fund. This alternative does have merits. however, ono
cannot keep borrowing from Peter to pay Paul on a regular basis.
2. This alternative would be to put off the purchase of planned and
budgeted items in the various departments for the purchase of these
recent unplanned and unbudgoted items. This alternative does not
appear to be very attractive, as the budgeted items wore wall thought
out, planned in advance, and proporly budgeted whore definite needs
ware felt in the departments.
3. A third alternative would be to purchase those items only allowed
for in the 1984 budget and place into the 1985 budget the other
items previously outlined. This would allow for the purchase of
those items as soon as January, 1985, approximately 10 months from
now. until that time, we would have to live with the minor
inofficiancies and thn borrowing back and forth from departments.
Thio alternative does have merit in that it will both allow for
the financial consideration and correct those minor inefficiencies
in a reasonable amount of time.
- 9 -
l
Council Agenda - 2/13/84
4. A fourth alternative would be to do nothing. This alternative
does not appear to be practical, as it does not solve the problem
at hand.
5. The fifth alternative could be any combination of the above or
any other ideas brought out by any of the Council members.
C. STAFF RECOMMENDATION:
All decisions can be controversial. Certainly this recommendation
has a 90% chance of being just that. It is the staff recommendation
that the following items not be purchased Crum LhL 1983 budget
but be purchased in January of 1985:
Shop and Garaqo
1. 12 Volt Hydrant Pump S 85.00
2. 2 HP Hench Grinder 1,100.00
TOTAL $1,185.00
Collection System
1. Gas Detector $1,200.00
Wastewater Treatment Plant and Lab
1. 9" Disc Grinder $ 200.00
2. Battery Charger 275.00
3. Concrete and Pipe Saw 450.00
TOTAL $ 875.00
By purchasing these items next year , in January, this would keep us
within reasonable constraints of the 1984 budget.
D. SUPPORTING DATAt
1984 Budget for the City of Montico llo and list of small tools
and minor oquipmont and capital outlay.
- 10 -
GENERAL FUND
PUBLIC WORFS
SHOP 6 GARAGE:
1983 BUDGET
FUND 110. 101-4217
Supplics
211
General Operating Supplies
S 3.000.00
212
Motor Fuels
6 Lubricants
100.00
221
Maintenanco
of Equipment Supplies
200.00
222
Maintenance
of Vehicle supplies
400.00
223
Maintenance
of Building Supplies
1,500.00
23
Small Tools
and Minor Equipment
750.00
Other Services and Charges
361 Utilities, Electrical 1,900,00
362 Utilities, floating 2,500.00
371 Maintenance of Equilmsent .U0.00
372 Maintenance of Building 500.00
381 Rental of Equipment 250,00
405 Mincellaneuus 140.60
Cj
1"'Al. SHOP AND GARAGF.
11
A
S 6,150.00
"•U.fi4
511,4UC.O0
SEWER FUND
COLLLCTICN SYSTEMS
1983 BL!DG£.T
FUND N0. 707-4841
Yerscnal Service --
10
Saler ics, Rcgular
$13,800.
11
Overtime, Regular
5nn.nn
12
Salaries, Temporary
1, 200. CI
14
PERA
760.00
151
Insurance, Medical 4 Life
1,210.00
152
Socia3. Security
980.00
Supplies
211
General Operating Supplies
250.00
212
Motor Fuels 6 Lubricants
600.00
213
Clothing fupplies
300.00
221
Maintenance of Equipment Supplies
11000.00
222
Maintenance of Vehicle Supplies
150.00
23
Small Tools and Minor Equipment
100.On
Other Services
ane] Charges
30
Professional Service■
9,000.00
32
Trave 3. -confe rence- School a
150.00
361
Utilitios, Electrical
11000.00
371
Maintenance of Equipment
2,500.00
373
Maintenance of Vehicles
250.00
401
Dues, Membernhip+s, Subcrirtion,
30.00
TVrAL CUi.J:i"P10:7 LiYSTE.NS
- 70 — /"
$18,450.00 '
t
t
2,(00.00 i
1_.^_j "I' ?^
SEWER FUND
PLANT & LAB
1983 BUDGET
FUND 1:0. 707-4843
Personal Services
10 Salaries, Regular
11 Ovurtimu, Regular
12 Salaries, Temporary
14 PERA
151 Insurance, Medical & Life
152 Social Security
LB ,4 .UU
�,nnn np
?,100..-0
5,115.00
8,260.00
6,605.00 $104,480.00
Supplies
20
Office Supplies
100.00
211
General Operating Supplies
10,150.00
212
Motor Fuels & Lubricants
51300.00
213
Clothing Supplies
1,000.00
221
Maintenance of Equipment Supplies
10,280.00
222
Maintenance of Vehicle Supplies
100.00
223
Maintenance of Building Supplies
380.00
23
Small Tools and Minor Equipment
740.00
Other Services and Charges
30 Professional Services
31 Communications
32 Travel-Confsrenca-Schools
361 Utilities, Electrical
362 Utilities, Heating
371 Maintenance of Equipment
373 Maintenance of Vehicles
381 Rental of equipment
405 Miucollaneois
TOTAL FLA17f & LAB
-79-
28,030.00
3.000.00
11500.00
11000.00
26,400.00
10.Ono. On
5 nr) . n.i
1^0.J
'-
7171„ 11"."0
CAPITAL OUTLAY
Shop 6 Garaqe
I
Item
Estimated Price
2 Eloc. Door Open, Pole Barn
$ 680.00
Insul. 2 Stalls 6 Heater, Pole Barn
4,000.00
20-30 Ton Press
550.00
'2 HP Bench Grinder 12 x 2" wheels
1,100.00
'3,/4 HP Reneh (.:cinder 7 x 3/4" wheals
246.00
'Used Hand Shear
N/A
TOTAL
$6,770.00
Amount Allocated in 1984
5,430.00
Shortage
$1,340.00
Collection Svatem
O
*Gas Detector $1,200.00
Amount Allocated in 1984 -0-
Shortage $1,200.00
WWTP 6 Lab
Oscilloscope $ 800.00
019" Dine Grinder 200.00
'Battery Charger (Notei switch with 275.00
shop c garago)
0 'Pipe 6 Conc. Saw. 450.00
0'20 Ton Hyd. Jack 100.00
TOTAL. $1,825.00
Amount Allocated in 1964 800.00
Shortage $1,025.00
'Notoi Unplanned Capital Outlay Purchanos
TOTAL SHORTFALL ALL DEPTS. - $3,915.00
0 Borrowed items (rum uthor departments or employees
0 Rented itamo
0
r
SMALL 'POOLS 6 MINOR EQUIPMENT
Shop 6 Garage
Item
Estimated Price
Q 4 - Pipe wrenches 18"-24"
S 130.00
3/8" Swivel Socket Set
60.00
0 5 - Pullers
165.00
1 - Drill Bit Set 1/16-1/2
60.00
1 - Punch 6 Chisel Set
25.00
4 - Misc. Harmners
35.00
1 - Set Tubing Bendcrs
15.00
1 - Set Offset Box wrenches
70.00
S - Hook Chain Pliers
110.00
1 - Block Plane
30.00
2 - 3/8" Chain Binders
40.00
Exhaust 6 Tail Pipe Tool
20.00
Spot Welder Attachment for Are Welder
35.00
Double Flare Tool
25.00
Large Drill Press Vico
40.00
0 12 Volt Hyd. Pump
85.00
TOTAL
S 945.00
Total Budget for 1984
S 750.00
Shortfall
$ 195.00
Water Department
0 Mine. Hose Adaptera
S 35.00
0 Misc. 3/8" 6 1/2" Drive Socket Set
120.00
TOTAL.
$ 155.00
Amount allocated in 1984
$ -0-
Shortage
$ 155.00
WX
Council Agenda - 2/13/84
11. Consideration of a Resolution Adopted by the County Commission
Revoking a County Highway Known as Oakwood Drive. (T.E.)
A. REFERENCE AND BACKGROUND
After the public hearing that was held by Wayne Fingalson at our
City Council meeting on behalf of the County, John Simola and I
attended the County Board meeting. At that meeting I relayed the
Council's concern that the City be reimbursed for maintenance,
the recent overlay, and that we would be desirous of having the
covenant removed from the commuter parking lot. After considerable
discussion at that time, the County Board voted to postpone the
until
Simola and I again attended the County Board meeting. I re-emphasized
to the County Board that based on what we understood to be negligence
on the then County Engineer's behalf, we had incurred substantial
expense on a County street. I re-emphasized that we also wished them
to consider lifting the covenant on the commuter parking lot. There
was no discussion by the Board with respect to the lifting of the
covenant. Commissioner Bogenrief moved that the street be revoked
and that the City of Monticello be reimbursed for the cost of the
overlay, which is approximately $13,000. Outside the context of her
motion, she stated rho was opposed to reimbursing us for the additional
$4,000 in maintenance cost since that could set a dangerous precedent
with other townships and cities who have maintained County roads.
The motion to adopt the resolution and reimburse the City $13,000
plus or minus was duly passed.
Prior to my attending the Board meeting, I checked with Gary Pringle
with respect to what legal recourse we might have in Lila event that
the County denied all reimbursement and all of our other requests.
It was Pringle's opinion that we could pursue action through District
Court for total recovery based on the fact that their engineer did seem
to be negligent in maintaining Lilo street or at least notifying us that
it wasn't our responsibility to maintain it. I presume, oven with the
$13,000 being offered, we still would have legal recourse for the
balance of Lila money. I informed the County Board after their motion
that 1 would be taking their motion on well as the County Attorney's
Opinion to the Council this coming Monday.
With respect to the covenant on Lha commuter parking lot, I think it
might be best to Boo [Alia and deal with this ac a separate and distinct
issue. We initially tried to use it as a leverage factor in the
revocation process. Tliat was unsuccessful, and I think now we should
address this covenant at another time under another sot of circumstances.
Thus, we cans down to whether or not we wish to pursue the remaining
$4,000 that wo have oxponded over the last nine years of City maintenance.
Council Agenda - 2/13/84
B. ALTERNATIVE ACTIONS:
1. Accept the County resolution as adopted - this would turn Oakwood
Drive over to the City, and would reimburse the City $13,000 for
the recent overlay. The County would be absolved of all responsibility
on this stretch of street. The covenant on the commuter lot would
remain. The City would be approximately $4,000 short in maintenance
expense spread over the last nine years.
2. Contact the County saying that we refuse their offer of reimbursement
and will pursue throuqh District Court. Considerinq that they are
already orovidino $13,000 in oavment, we are looking at essentiallv
going to court over $4,000. After payment of legal fees, that
$4,000 might be gone. That is to say, anything that we may gain
in excess of the $13,000 may also be used up in the process of
getting that extra money. However, through the litigation process
we could re -introduce the matter of the covenant. We could con-
ceivably lose the court case and be without the $13,000 as well.
C. STAFF RECOMMENDATION:
It is my opinion that we best leave the covenant to stand as a separate
and distinct issue. Thus, the main issue we are confronted with is
the difference between $13,000 and $17,000. Four thousand dollars
( when spread over nine years is slightly under $500 a year that we
l have spent on that upkeep. It is difficult for me to say that it's
worth our effort and time now to pursue that amount. While I do,
in fact, think that the reimbursement es offered is patently unfair,
and further think the County should reimburse us because of their
negligence, 1 havo doubts that it would be worth the time, effort,
and money for a sum such as $4,000. I guess 1 am halfheartedly
recommending that we accept the proposal as made. I do think we're
getting the short end of the stick, but it perhaps is the very boat
we can do under the given circumstances.
D. SUPPORTING DATAt
There is no supporting data for thin item.
- 12 -