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City Council Agenda Packet 10-25-1993MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Wednesday, October 20, 1893 - 4:30 pm. Members Present: Ken Maus, Brad Fyle, Clint Herbst Members Absent: Patty Olsen, Shirley Anderson 1. Consideration of accenting bids and awarding contract on the Monticello Ford Storm Sewer Imurovement uroiect (93-13C). Bids were received on October 15, 1993, from 3 bidders on the Monticello Ford parking lot storm sewer project. It was recommended by the City Engineer that the low bid of $34,510 from Bituminous Consulting and Contracting Company of Minneapolis be accepted and a contract be entered into for this project. It was noted that Mr. Dave Peterson of Monticello Ford had petitioned for the storm sewer improvement project and has agreed to be responsible for the entire cost of this project. As a result, a motion was made by Clint Herbst and seconded by Brad Fyle and unanimously carried to accept the low bid from Bituminous Consulting and Contracting Company, Inc. in the amount of $34,510 and enter into a contract for the project. There being no further discussion, the meeting was adjourned. Rick olfsteller I City Administra r Page 1 Z 0 City Council Agenda - 10125193 4. Pubtic hearing on proposed assessment roll for delinquent charges. AND Consideration of a resolution adopting an assessment roll for the certification with the Countv Auditor covering delinauent charges. (R.W.) A. REFERENCE AND BACKGROUND: Annually, the City Council is asked to adopt an assessment roll for those accounts which are delinquent (amount is over 90 days past duel on the assessment roll to be certified to the County Auditor for collection the following year with the real estate taxes. Minnesota Statutes allow for special assessments to be collected for various types of current services that are delinquent. Those people whose accounts are delinquent have been notified of the public hearing tonight and are given an opportunity to present input if they so desire. It is recommended that the delinquent accounts be put, on an assessment roll for certification in 1994 at an interest rate of K1k.. As in the past, if any of the accounts are paid by the time the assessment roll has to he delivered to the County Auditor, they will be removed from the assessment roll. B. ALTERNATIVE ACTIONS: 1. Adopt the assessment roll for delinquent. charges as presented. 2. t)o not adopt the assessment roll. C. STAFF RECOMMENDATION: It is recommended that any individual who has not paid their account in full by November 30, 199:4, he certified to the County Auditor for Collection with next year's taxes. Numerous bills have been sent to these individuals, and it public hearing notice has been issued advising them of this last opportunity. D. SUPPOR'T'ING DATA: Copy of resolution adopting assessment roll: Complete listings of delinquent sewer and water accounts and other service charge accounts. RESOLUTION 93 - RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent sewer and water billings and other service charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefited by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 1995 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 25th day of October, 1993. Mayor City Administrator 6) PROPERTY ID MR 155-010-054090 155-014-003080 155-014-001080 155-014-003100 155-041-002010 155-041-002020 155-041-002030 155-042-001010 155-044-001010 155-044-002030 155-044-002040 155-044-003010 155-044-003020 155-044-001030 155-044-003040 155-044-003060 155-044-004010 155-044-004020 155-044-004030 155-044-004050 155-044-004060 155-044-004070 155-044-004080 155-045-002080 155-057-001040 155-057-002060 155-059-001080 155-059-002040 155-059-002100 155-050-002120 155-059-00)0)0 155-050-004010 155-064-003050 IS5-064-003060 155.064-003010 155-054-003080 155-07) 006080 155.076 001010 155-500-011400 155-500-041102 GRAND TOTAL DURi A!40UNT 54.64 221.79 49.65 291.69 10).25 10).2) 107.23 74.77 242.92 2)0.)4 2)0.)4 37.07 27.07 242.16 215.11 251.04 195.52 195.5) 195.5) 164.82 215.11 164.61 164.84 4.). 45 260.92 190.74 140.60 114.49 66.77 46.56 170.52 314.67 I5.05 25.05 25.05 25.05 710.65 412.50 I0, 612. 05 e6.o7 1997 DELINQUENT ASSESSMENT ROLL Delinquent S, ic,a Ed Rru.. Stet, of HN (P,.e.tal Glen Poa U.ta state of !04 (forf,lt) Richard HOIK,r P1ch.rd Holk,r Richard Holkar Karen Tel age-Vhaley Ultra Home. Ultra Roma. Ultra Hom„ Ultra Home. Ultra H ­ Ultra HIM. Ultra It-. Ultra Home. Ultra Homo. Ultra HOma Ultra Horn. Ultra Home. Ultra H­ Illtr• Home. Ultra Ilo.w. Ulu. It.-. Ultra Home Ultra HIM. Ultra H ­ Ultra It.m. Ultra It-. Ultra Home. Ultra Ham,. Ultra Home, HCH Con."Uc,I.e IICII Con,tructlon IICII Conan uctlon ITCH Con,trUctlon V.I.. PIU. Hoo.. M,nticelle Mall IPluth) 0tat. of NN Ifo[faltl Thorpe Loan 4 Thrift ADDITION LOT/SEC BLOCK Orlgln.l 9,10 54 Hoglund B ) Hoglund 8 l Rog land 10 1 Holkar 11111.10, 1 2 Holkar HI11.Sde 2 2 Holkar H111.1de ) 2 River Torr 2nd 1 1 Meed- Oek Eat 1 1 Marra- Oak Eat 1 2 Mead- Oek Eat 4 2 Head- Oak E.t 1 ) Meadm Oak E.t 2 l H..d- Oek Eat l l M.ad- Oak E,t 4 1 Mead- Oak Eat 6 l M,ad- Oek Eat 1 4 M,adOd Oek Eat 2 4 M.aJ- Oak E.I. 1 4 -.d- Oak Eat 5 4 -ad- lMk Eet 0 4 Mead- Oak Eat 7 4 Mesad- Gek E.t 8 4 M,ad- Oak 2nd B 2 M .d- Oak lyd 4 1 Moad- Oek lid 6 I "ad- Oak 411, 6 1 M,ad- Oak 4th 4 2 Meed- Oak 4th 10 2 Mesad- Oak 4th II 2 Mead- Oak 41h l 1 ...O- Oak 41h 1 4 M,adm, Ind 5 l Mead-. 2nd 6 l Mead-. 2nd 7 l M,ad-, Ind a l Card Hlllo Zed 6 6 Monll Mall 1 I Unpl... m l Unpl.ttod 4 10/22/97 1991 DBLIKQUBN[ A88S89MM PDLL Page 1 Delinquent Utilities ppcp TT IO OR AMOUNT PAMK ADDITION -------------------- IDT/SBC ------- BLOCK ----- ------------------------- 155-010-009060 51.11 ---------------------------------------- Le..1• Raymond (Brad Rleon) Original 8,9 9 155-010-010060 46.11 Robert Hanson Original 6,7 10 155-010-011040 162.26 Donna All.. Original 4,5 11 155-010-020010 18.69 Vaughn Veit (Monticello Proc-MCMilllan) Original 114.5 20 155-010-020080 84.96 Nelda GAslin Original B 20 155-010-028080 28.06 Dorothy Lila (Luis A Wendy 011-) Original B 26 155-010-010080 18.45 Russell Olson (Tina Weidenbnchsr) Original a 30 I55-010-010090 229.87 Robert 4 YvonG. Cos, Orlginel 9 30 155-010-014060 196.25 Gary A Kristine Banmor Original 6,7 14 155-010-017010 265.75 Clarence McCarty Original 2 Jl 155-010-018050 224.47 David 4 Debra Mw Is- Orl91nn1 5 18 155-010-018120 91.74 Patrick Tovnssnd Original 12,11,14,IS 70 155.010-040110 78.26 Wayne Bachlor Original 11,12,11 40 155.010-041010 147.19 Gerald Barthel Original 1 41 155-010-044091 44.65 Jerry Barthel Original 9 44 155-010-044100 64.21 Jerry Barthel (Rachael aaseueaen) Original 9,10 44 155-010-047020 101.42 9.11 0ass rats Original 1,2,1,4 47 155-010-050011 202.00 Prod's Auto Repair Original 1,2,1 SO 155-010-05207'. 16.06 plaster's Rom Furnishings original 7,9 52 ISS -010-054010 237.15 David 8 -meld Original 1,4,5 54 155-010-055010 65.51 Duane Hollenbock Original 217 55 155-010-055090 141.42 Puby IIANS (Jams Bass) Original 9 55 155-010-055090 04.08 Ruby Bass (Tina Wolndanbacner) Original 9 55 155-010-067010 11.21 ?air'. garden Center Original 1,2,1,4,5 B 155-010-067010 27.64 Pair's Garden Center Original 1,2,1.4,5 8 155-0I0-067060 191.01 Kevin Ralr Original 6,7,6,9 8 155-010-067140 10.90 Chantalls Mitchell Original 14 8 155-010 -070100 194.67 Gerald Bonetaby Original 10 8 155.010-060010 282.55 Arlan Pocklington (KAty Bleon) Original 1 0 155-012-002010 96.74 Marlin Valuriue (Robert Pahl) Creakslde Terrace 1 2 155-011-001100 57.09 Bruce Thlalen Illllcreat 10 1 155.011-002110 70.11 Richard Otldereleove Wlllcreet 11 2 155.015-001110 228.17 Davld Wilhelm Law. 13 ) 155-015-004070 48.47 Tie Wltacnan (11 don Jordan) LOW.r 7,8 4 155-015-005010 11566.12 Wayne Bachler (8 -Clean Laundry) Lora, 1.2 5 155.015-005150 475.68 Ponald Begin 1.-, 15 5 155-015-017050 95.92 Dial. 4 George Greening- Lown 8,9 13 155-015-012061 16.78 Michael Ochocki (Muton Blmondal 1.-, 6,7,8 12 155-015-072061 271.50 Michael Ochockl LoWsr 6,7,8 12 155.015-015100 111.11 Terry MLacharn 1-, 9,10 15 155.015-016011 401.18 Robert Pederson Laver 114.5 1s 155-017.002020 70.00 LM A Tommy Out- Manhattan Lot. let 2 7 155.019.008020 221.01 Wayne Co. A. C. Pigg. 2,9 B 155-019-000070 42.10 Russell Olson (Travis Bohett.l A.C. Pigg. -Loser 7 B L> 20/22/93 1991 D6LIMQGHRr M593SKM ROLL Page 2 Delinquent utilities PBDPHIM ID MR -------------- ----------- ATOM RAMC --- ADDITION LCT/BEC BLOCK 155-020-002061 24.78 '------------------------ .----------- Audrey Varner -------------------- River Terrace ------- 5,6 --.-- 2 155-020-005111 90.02 Bohdan Dmytrryn River Torre.. 11 5 155-021-001040 211.95 Carl Bann Pitt, Manor 4 1 155-021-002050 126.75 Gerald PSatt Ritts Manor 5 2 155-021-002210 70.51 Paul Demes Ritts Manor 23 2 155-021-002460 59.26 Walter i Panty Donn Ing Hit.. Manor 46 2 155-034-001060 210.60 Jon. D-1.9 HILI-ast 2nd 0 1 155-026-002010 166.46 Ivan Walter And.r. W11M1. 1 2 155.026.002070 45.15 Ravin Olsen ander. Wilhelm 7 2 155.026-001060 100.00 James Johnson kndere Wilhelm a 3 155-029.001020 20.60 Admired Proportion (Mary Ann Rlor9ockl) Laucing Hillside 2 1 155-029.001020 71.20 Admired Properties (Brian Chrlstonson) Lauring Dlllslde 2 1 155-029.001020 10.40 Admired Properties (Karry Balber9) Laurin9 I7111a1de 2 1 155.029.001031 10.60 Rustler Proportion Mea Schuxa) Lauring Hill.lde 3 1 155-029.001011 20.60 Ruoflsr Properties (Rokodl Redden) L-ing Hlllalde 1 1 155-010-001100 156.70 Rant MltchalI Ramps Cot 10 1 155-031-001020 96.27 Richard Hanson The Mead- 2 1 155.031-001070 341.00 J- Collette Balhoul E.t 7 1 155.031-001090 57.36 Steve f Penny Thoinon Tho -ad-. 9 1 155-011-002040 44.56 Michael Chandler 5olmul Est 4 2 155-031.002080 120.05 Gayle Marl. Go..nor Balnoul Est a 2 155.031.002100 77.66 Jeff Johnson Balb-1 Est 10 2 155-011.002110 216.81 Lynn Diddinger (Doug 4 Erlke 01-1 aelboul Hot 11 7 155-031-004010 165.61 Kenneth Pmsber9 The Meadows 1 4 155-01)-001350 375.73 Picky Hougato Country clue Rot 35 1 155-033.002030 35.66 Denton Willandor/Jam, Hoolihal. Country club Men- 1 2 155-013.003010 $4.61 Tad Daniela Country Club Ma- l 1 155.033-004050 124.66 Alan A Diane Schuck country Club Manor 5 4 155-035.001020 101.67 Ready Holthau. ([]loan Martinson) Th. Wood- 2 1 155.015.001020 81.94 Pandy Holth.us (Mark 4 Dennie Mlddagh) The Meadow 2 1 155-035.001070 110.45 Jim 6.ostrom (Warren Mathew) The Mead- 7 1 155.015.001070 37.61 Jim Be.atrom The Meadows 7 1 155-035.001070 77.17 Jim sasstro. (Lloyd Wright) The lord- 7 1 155.035.001080 91.11 Lloyd eporre (Dan Bltaloff) Th. Meador. 9 1 155.035.001010 60.69 Lloyd Apsrr. (0. Mawr 4 J. Runhl) Th. Need-. a 1 155.035.001130 219.79 Cindy Hoglund Th. Meadows IJ 1 155.015.003030 51.89 Rory V.Ibat9 The Wood- l 3 155.015.003060 74.33 Linda 1 Baron Blubm Th. Meadow. 6 1 155-015-004010 199.67 Otev. Lundquist The M4adow 3 4 155-035-004050 127.66 D. Gordon 4 C. Hanson Th. Ilwd- 5 4 155.035-004000 41.54 Michall• Eby Tho meadow 0 4 155-015.004120 59.14 Tom 11011h4u. (Aedrans Vogel) Th. Wwdaw. 12 4 155-035.004120 162.56 Tom Holthau. (Larry Metcalf) Tho Meadows 12 4 755.015.004210 100.00 Dan Kms rho Wed- 23 4 155-035.006010 00.50 Dan Crocker Th. Hoed- 1 6 a Dq 10/22/93 1991 DELINQUENT ASSESSMENT POLL Delinquent Utilities PROPERTY ID NP ----------------------- AMOUNT NAME ---------'----------------------- ADDITION ------------------ 155-038-001010 76.70 Babbl T-Ond (Monti Motors) Thoma. Park 155-045-002010 415.31 Michael Harter Need- Oak. 2nd 155-045-004060 213.81 Jack L Kure Harr nn Msadov Oak@ 2nd 155-045-005050 16.39 Gary Kraft Maad- Oak. 2nd 155-045-006080 54.44 Daald 8ch.artt Mad- Oak. 2- 155-047-000010 6.80 F-a.eo (Pmol• Staff..) A.91.1arod Land 013 155-047-000020 21.60 Provos co (Mike M.uhau.) Registered Land 013 155-040-001130 68.22 JI-yy Kals.rllk Par Wast 155-040-001160 19.20 John Miller (Kim O'Reilly) Par Vast 155-046-001180 137.73 Richard L Grant. Per West 155-040-002020 457.37 Richard Habeck Par Wost 155-064-003020 136.93 Dan Bolin The Meador. 2" 155-069-001030 25.45 Peal. Dear-- Cardinal 11111. 1 155-059-002010 90.22 Pas Danko Cardinal Hill. 7 155.069-002020 67.56 Lauri* Keep C.rdlnal Hill. 1 155-069-002060 49.66 Trent A Sue Fish* Cardinal Hill. 1 155-076-001010 510.99 Monticello Mall (Barry Fluth) Montic.11o Mall 155-500-011300 40.00 Gary Scharbar (Brick.on) Unptattad 155-500-031300 128.06 Gary Fch-ther (G. Ruch -later) Unpletted 155-500-031300 10.80 a -r achsrbnr (Kirk Boos) Unplatted 155-500-031300 76.96 G.ry Scharber (Dion Boo.) Unplatted 155-500-031300 44.40 ary Seharbar (Clark) Unplatted 155-500-011300 10.40 ary Scharbar (Tom Knutson) Unpl.ttod 155-500.013401 31.44 Anthony Banyal Unplatted 155-500-013403 10.80 Robert Ratt-k Unplatted 155-500-034200 41.21 Dan Hikes (Andy/Charles Jan.onl Unplatted 155-500.014200 94.54 Don Ila Ika. (Pick a Its, 8chmsta) Unpl.ited 155-500-034200 69.17 Don Polkas (C. 8onnov111a) Unpl.ttod 155-500.034200 64.24 Don Halkea (Norman Olson) Unplatted 155-500-034200 42.01 Don Palk- 18ri.n McIntosh) Unplatt.d 155-500-034200 17.23 Don Halka. IS. Ped.rsan 6 M. Stock) Unplettad 155-500-113207 10.40 City of Monticello (P. a 9. Andaman) Unplatted 155-500-113415 202.55 Hoglund Transportation Unplatted 155-500-124300 56.39 City of Monticello (Marcl• Bundtn) Unplatted 155-500.154403 65.20 RJ.11narg'• Ino (Lind. Durk-) Unpl.tted 155-500-154403 63.60 KJollbarg'• Inc (11 -rd Hodsl) Unplattad 155-500-154403 31.60 KJ.11borg'. ins (Dh.nnoa Sayre) Unpl.ttd 155-500.154403 6.32 K3.Ilb.fp'• Ina (LM Larson) Unplatl d 155-500.154403 20.40 RJellbarg'• Inc (Kim ate -on) Unpl.tted 155-500.154403 10.00 KJallb.rg's Inc (Wendy Johnson) U.Plattod 155-500.154401 23.28 KJallb.rg'• Inc (John Christ) Unplatted 155-500.154401 21.60 KJallb.rg'• Inc (M. WRentie a C. Bract) Unplstted 155-500-15440) 20.00 RJallnst0'• Inc (Tl. Rurorskl) Unplatted 155-500-154403 32.40 RJallb•lg'• Ino (0. Linn t D. Johnson) Unplatted 155-500-154403 32.40 9J.11b.rg'. Inc (A. Dchl..pberg.r) apl.ttad LOT/BEC 1 1 6 S e Tract A Tract B 23 16 18 2 2 3 1 2 6 3 3 3 3 3 3 J 3 J 3 3 3 11 I1 12 15 15 15 15 )5 15 15 15 15 15 IS Page 1 BLOCK 1 2 6 10/22/93 1991 DELINQUENT A88E691BRC ROLL Pap* l Delinquent Utilitiaa PRDPCRTY ID NP ------------------------- AMOUNT HAKE ---------------------------------------- ADDITION -------------------- UMSEC BLOCK 155-500-154401 10.40 Rja130er9'* Inc (Joe 51cCley) UnplatteA ------- ----- IS 155-500-154407 109.60 Rj*llEerp'* Inc (Stow/Cla[ico William) Unplattee 15 155-500-154401 10.00 Rjelleerq'* Inc (Jahn We1cn) Unplattee 15 155-500-154601 12.40 Rjollear9'e InC Unplatted 15 155-500-154407 11.20 Rje110erq'e Inc (Nark Ei—anon) UnplatteA 15 155-500-156601 10.80 RjollbarQ'* Ina (Lynette Carr) UnplatteA 15 155-500-156601 10.80 Rjelleerp'• Inc (Alan Trepanier) Unplattee 15 155-500-156601 61.60 Rjollearq'• Iho ([upon* Rnithton) Unplatte0 15 155-500-154601 44.28 Rj*]]herq'a Inc (6herna Bison*) Unplatto0 15 155-500-154607 11.60 Rjelloerp'a Inc (St—. Jackman) UnplatteA 15 155-500-181202 16.18 Rick A Lori B1omb rp UnplatteA le TOTAL DUEL 17.256.64 Council Agenda - 10/25/93 5. Consideration of a variance request which would allow construction of an addition onto a non -conforming structure. Anulicant. Gene Jestus. (J.O.) A. REFERENCE AND BACKGROUND To summarize the dilemma discussed at the previous meeting, Jestus would like to enlarge his existing garage. This is not possible according to our present ordinance because the structure is non -conforming. It is 14 R from the rear yard, where 30 is the minimum; and more importantly, it is 4.5 h from the street ROW on the side where 20 ft is required. Jestus seeks a variance to the city ordinance eliminating his right to enlarge the garage due to its non- conformity. At the previous meeting of the City Council, this item was tabled pending additional staff research. Staff was asked to discuss this matter with the planner, survey the city for similar circumstances to assist in understanding the impact of the potential precedent. Following is the City Planner's perspective on the matter. It is his view that it is very difficult to justify a variance. There is ample room on the property to accommodate the garage at a proper location. I asked him how to proceed if the Council thought that enlargement of the garage as proposed is okay despite the ordinance. Should a new ordinance be adopted that would allow non -conforming detached garages to be expanded. Crittman advised against changing the ordinance and suggested that a variance be granted based on any reasoning that the Council could find that would justify it or set it apart from future similar requests. He felt stretching the definition of a hardship was not good, but it is better than creating an ordinance that would automatically allow all non -conforming detached structures to expand. As you would guess, the City Attorney is very much opposed to granting the variance. Not only does it set a precedent for future requests, but it maintains the current situation where vehicles are parked in the boulevard. In addition to discussing the matter with the Planner and Attorney, I did a very quick survey of the town to determine how many similar situations there might be in town and thereby shed light on the impact of the precedent. In other words, if Council votes to approve the variance and thereby set a precedent, how many non -conforming structures could now qualify for enlargement? Following is a summary of what 1 found. Council Agenda - 10/25/93 :IURALW 1 This was a quick and dirty survey and does not include the entire city. Measurements were calculated based on stepping off distances. In estimating structure setback from the property line, it is assumed that the road runs down the middle of the right-of-way. As was suspected, there are many, many detached accessory structures (garages). I was impressed at the fact that the vast majority of the structures appeared to meet proper setbacks or are very close to meeting setbacks. A recent history has been established of requiring that garages be set back at the proper distances. At the same time, even though most of the garages conform, there are numerous garages located within the minimum setback requirement. As compared to the Jestus garage, very few of them were actually closer to the street. Almost all the non -conforming garages were set back farther than the Jestus garage. Following is a summary of the setback of accessory structures in the Jestus area and in other areas in the community. Garages listed include those that appeared to be close to the minimum. There are many garages in town that are located well outside the minimum that 1 did not record in the survey. ALTERNATIVE ACTIONS Motion to grant variance based on the finding that the existing structure is in a good state of repair. The value of the existing structure is significant and, therefore, causes a hardship to require that the structure be removed in conjunction with expansion. In conjunction with approval of the variance request, applicant is requested to limit vehicle parking in front of the garage. Motion to deny approval of variance. This motion could be based on the finding that a sufficient hardship has not been demonstrated. There is sufficient land on which to relocate the accessory structure. Granting the variance would result in continuation of private parking on the city boulevard, which is in conflict with the city ordinance regulating the use of boulevards. This is the alternative recommended by the Planning Commission Council Agenda - 16/25193 C. STAFF RECOMMENDATION: Staff concurs with the recommendation made by the Planning Commission. Although we emphathize with the applicant, we are concerned about the broader implications for the City associated with approving the variance. D. SUPPORTING DATA: Survey data summary. DISTANCE FROM DISTANCE FROM DISTANCE FROM 1231PZFILES\PZYEAR: 10/22/93 PAGE 1 BUILDING TO BUILDING TO BUILDING TO STREET LOCATION CURB SET -BACK CENTER LINE BROADWAY/WASHINGTON 36 10 50 BROADWAY/WASHINGTON 40 12 52 BROADWAY 34 8 48 HENNEPIN 30 6 46 HENNEPIN 26 4 44 HENNEPIN 32 6 46 RAMSEYBANYAI 42 18 58 1231PZFILES\PZYEAR: 10/22/93 PAGE 1 612-925-5879 0LS0J,IJ;SET P.i+. 921 P02 OCT 25 '93 14:57 OLSON, USSET, AGAN & WEINGARDEN ATTORN11" AT LAW PAM to ►ALR A. WIRMAJIGBN. !® MMR AYmNB 20{RM 184L AL0TA1TT1 CMAfIAS T. AOA" A04"BAPnLIL MN SW 190W J. AOA" _­ ­0 eON311 L AUX" THOU" L OLAW rKi "ANB (fib AST«. OE•A L AA® DZKM B. DAIS FAX Mb O M" ►ATIT A. RyLAMD MIAW7Rne A. uIn" I= TURTIVI t+ter W tqM► 4.L; A 1000MD QT1m anran"o. 7975 October 25, 1993 Tmaxo"Bmw.naom Honorable mayor and City Council Members City of Monticello 250 East Broadway Monticello, MN 55362 RP: Jestus Variance Application Dear Mayor and City Council Members: I am in review of the Council Agenda and Staff Report regarding the request of Applicant Gene Jestus to enlarge a non- conforming structure. Staff is correct in their analysis that I am strongly opposed to granting the variance for the following reasons: 1. You should never expand a non -conforming use with a variance except in extremely limited circumstances. This request would legitimize a use in violation of your present setback requirements. Such provisions are important planning tools which prevent crowding and promote public safety, specifically when a property line abuts a public roadway. If you permit the expansion here, you are establishing a precedent which could apply City wide. 2. I have reviewed the Applicant's request and find the same does not comply with the statutory criteria for a variance in any respect. The property can still be economically used for the purpose for which it is intended, and there is nothing unique about the property which is substantially different than numerous other properties within the City. 3. As the garage was in place at the time Mr. Jestus purchased the property, he knew or should have known that our toning ordinance would classify this garage as anon -conforming otructuro. As such, the hardship irsslf was rreated by Mr ,lsstne' artinno Anr Appellate Court has determined that where a party purchases a property knowing or having reason to know that the zoning ordinance would restrict the use of the property in some respect, a variance is unwarranted. 612-925-5879 OLSaVUSSET P.R. 921 P03 OCT 25 '93 14:52 See Castle Desian and Development Comnanv. Inc. vs. jjty of Lako Elmo, 996 NW2d 578 (Minn. App. 1986). my purpose in writing this letter to you is to reiterate that a variance should only be granted in those circumstances where a true hardship is presented by a unique factor, generally topographical in nature and not "self created", whereby the property cannot be put to a reasonable use without deviating from the ordinance. A hardship cannot be based on economic criteria if such destruction of'property value is not present and arguments onncerninq "better use" of the property are generally immaterial. A variance should never be granted on the theory that "nobody is opposed to it" or that the variance will not "hurt" anybody. Under the circumstances, I cannot recommend that you grant this variance. It you are so inclined despite my admonition, do n" use the rationale provided in the Staff report as I find that it is insufficient. Please continue the matter so that I can draft appropriate limiting language which will attempt to limit the effect that future applications may present. Respectf�uy"�subm d, I� r � Peul A. �nq en PAW: I A City Council Agenda - 10/25/93 6. Consideration of establishment of a winter parks operation plan IJ,0.1 A. REFERENCE AND BACKGROUND On Wednesday, October 20, 1993, the Parks Commission met to discuss and finalize its recommendation to the City Council regarding a Winter Parks Operation Plan. Representatives from the Hockey Association were in attendance to assist in development of the plan. City Council is asked by the Parks Commission to review the plan below and consider its adoption. PROPOSED WINTER PARKS OPERATION PLAN The need for a formal plan for operating and maintaining winter skating/sliding facilities at Bridge Park and Fourth Street Park stems from survey data that shows general citizen dissatisfaction with winter recreation facilities. In addition to the survey data, specific complaints from citizens have been registered regarding the quality of the ice surface and the level of supervision provided by warming house attendants. Below is a description of the current method of operation which identifies problems and issues associated with operating Fourth Street and Bridge Parks followed by a course of corrective action. FOURTH STREET PARK The current operation calls for the Hockey Association being responsible for fh,oding both the hockey rink and open skating area. The Hockey Association is also responsible for clearing snow from both ice surfaces. The City is responsible for clearing snow in the event of a large snowfall and also hires and pays a warming house attendant from mid-December through early February. The City also pays for the lighting of the rink. The current method for maintaining the ice surface has not worked well. The main problem has been inadequate regular snow removal by the Hockey Association and some confusion as to when the City is responsible for assisting the Hockey Association with snow removal. The Hockey Association does not have equipment to remove even a moderate snow and needs snow removal assistance for Lilly snow fall greater that 1/2 of an inch. According to Roger Mack, removal of snow by City crews is a low priority relative to getting streets open. Generally the rink is done after all streets are plowed, which could occur many hours after the end of a snowfall event. This can result in the ice being unskat.able for days at a time, which can be a big problem during Christmas vacation. City Council Agenda - 10/25/93 Often times the warming house is open with an attendant present, but the ice is unskatable or very bad. It appears that a better arrangement for flooding the rinks and clearing snow on a timely basis should be established. It. does not make sense for the City to hire an attendant if no one is skating due to poor ice conditions. The City has also had problems in finding good, reliable, responsible attendants, which has compromised our ability to provide a safe environment for children using the facility. 'rhe Hockey Association owns the hockey rink boards which are in relatively poor condition. Repairs necessary to assure safe use have been made by the Hockey Association. It is likely that complete replacement of the boards will be necessary within the next few years. Finally, on occasion members of the Hockey Association have left the warming house open atter late night practices. PROPOSED WINTER OPERATION PLAN - FOURTH STREET PARK 1. Flooding. The Hockey Association would continue to be responsible for flooding both the hockey rink and the open skating area. Both skating areas should receive equal priority in terms of flooding. 2. Snow Removal. The Hockey Association would he responsible for sweeping ice shavings from the surface only. The City will be responsible for removing any appreciable snowfall. City crews will continue to make streets the number one priority; however, the ice rink will be cleaved before the snow removal crews quit. The City recognizes that during certain light snowfall events, it may not be necessary to remove snow from the streets; however, it will be necessary to remove snow from the ice rink. 3. Hockev Rink Hoards. The Hockey Association will he replacing portions of the boards that are in disrepair or broken. It is recognized that the overall condition of the rink is very poor and that complete replacement may be necessary in the near future. This is an item for the Parks Commission to consider in the 1995 budget. Rink Attendant. It is recommended by the Parks Commission that the Hockey Association provide volunteer rink attendants in lieu of the City hiring a rink attendant. Pay that would have been provided to the City attendant would instead be provided to the Hockey Association. This would help the City by eliminating the hiring City Council Agenda - 10/25/93 process and by providing perhaps more reliable attendants. This idea is tentative, as the Hockey Association has not formally committed to the concept. In the event the Hockey Association or City Council does not like the idea, the City could always continue to provide a rink attendant during the specified hours of operation. 5. Hours of Operation. The warming house will be open Monday through Thursday from 3:30 p.m. to 9 p.m., Friday from 3:30 p.m. to 10 p.m., Saturday from 9 a.m. to 10 p.m., Sunday from noon to 9 p.m., and Christmas/holidays from 9 a.m. to 10 p.m. The warning house attendant will be given explicit instructions to lock the facility after closing hours. No use of the facility will he allowed by the Hockey Association or anyone else after closing. Only flooding activity will be allowed to occur with the lights on after closing. The Hockey Association will be given a limited number of keys to operate the lights to be used in conjunction with after-hours flooding. 6. Security. The Wright County Sheriffs Department will be directed to enforce the parks schedule. No one will he allowed to use the facility after hours. 7. Vendine Machine. A vending machine will be installed at the Fourth Street Park if a vending company is willing to expose the machine to possible damage that could occur. BRIDGE PARK SKATING/SLIDING HILL Under the current operation, the City is completely responsible for flooding, snow removal, and for providing it wanning house attendant. In recent years, use of the park by the public has been very light.. Possible reasons for the light use could include poor ice, lousy warming house, and poor supervision. Another reason could be it general decline in interest in outside skating in the winter. On the other bund, the sliding hill has become it very popular play area. PKOP03ED WINTER OPERATION PLAN - BRIDGE PARK Development of the warning house represents it significant investment in the park. The plan below is intended to draw as many people as possible to use this new facility. The goal is to create the best possible atmosphere. Following is the plan for accomplishing this goal. City Council Agenda - 10/25/93 Flooding. Preparation and maintenance of the ice surface will become a priority. If necessary, overtime hours will be used to assure maintenance of a good skatable surface. 2. Snow Removal. City crews will continue to make streets the number one priority; however, the ice rink will be cleared before the snow removal crews quit. This priority may require that the public works crew put in overtime. The City recognizes that during certain light snowfall events, it may not be necessary to remove snow from the streets; however, it will be necessary to remove snow from the ice rink. 3. Familv Atmosphere - MusictRink Attendant/Concessions/Christmas Lights. It is proposed that a sound system be installed at an estimated cost of $350. The system would include speakers designed for outside use, and a PA system for providing corrective instruction to skaters violating park rules. It is also proposed that concessions he served, which would include candy, hot cocoa, and perhaps hot dogs and microwave sandwiches. The Parks Commission recommends that the concession stand be run by the Hockey Association and that proceeds go directly to the association. In addition, as with the Fourth Street Park, it is recommended that the Hockey Association take over the duty of supervising the skating area. This concept will be proposed to the Hockey Association in the next few days by the two representatives present at the recent meeting of the Parks Commission. The ice skating area will be oval with a landscaped island in the center. If time and budget allows, it is proposed that Christmas trees/lights he placed on the island to add to the atmosphere. 4. Grand Opening. The Parks Commission will be scheduling a grand opening for the new warming house to occur sometime early in December. As part of the grand opening day or week, the Heartland Express Bus will be providing free rides to the park. The free ride program will he established if the Parks Commission can get the City, clubs, or businesses to buy the tickets. I will be contacting potential sponsors. 5. Hours of 0oerat.ion. Same as Fourth Street Park. City Council Agenda - 10/25/93 6. Security. Same as Fourth Street Park except that the Bridge Park security is enhanced due to the presence of an alarm system. B. ALTERNATIVE ACTIONS: 1. Motion to approve or to modify and approve the Winter Parks Operation Plan. Complete approval without modification would require ratification by the Hockey Association. In the event the Hockey Association does not want to provide an attendant or run concessions, these functions could be run by the City. An update on the Hockey Association's interest will be provided at the meeting. 2. Motion to deny approval of the Winter Parks Operation Plan C. STAFF RECOMMENDATION: The development of the plan stems from a poor rating of the facilities through the community survey and due to individual complaints. A major goal of the plan also includes making the Bridge Park skating area an attractive and popular place. The more people we can attract, the better our return on the investment in the warming house. City staff supports the concepts set forth in the plan; however, we have sonic concerns which could he addressed with modifications W the plan without, jeopardizing the accomplishment of the general goals. One concern is that there he adequate separation between family-oriented skating and hockey player practice. A young girl had her nose broken last year by it hockey stick, and this occurred inside the warming house. This should be better addressed at Fourth Street, and no sticks or pucks should be allowed at Bridge Park. Another aspect of concern is in regard to volunteer services for skating rink attendants. In the past, the City has used only certified first aid trained individuals who have CPR training, and we would recommend that this he a pre -requisite of the attendants. In addition, unless the individuals are City employees, they may not lie as concerned with protecting the individuals and city property. If there should he any prohlems, the City is ultimately responsible, and we will receive the complaints from the general public. City Council Agenda - 10/25/93 Lastly, our concern is for the concessions. Our experience in the past teaches us if there are concessions in a building and anything is left overnight, we will have break-ins with someone trying to reach those concessions, whether it just be a few candy bars or whatever. Even though the Bridge Park building is protected with an alarm, it is extremely vulnerable due to its large glass windows, so it may be best to have minimal concessions that can be taken, with a pop machine located outside the building. We feel that the winter snow removal activities could be taken over by the water department and thus allow the public works department to utilize their hours on the city streets and parking lots. The additional manpower in the water department will allow us to do this without taking away from other duties during the winter. Consequently, we should be able to improve service in this area. D. SUPPORTING DATA: None. Council Agenda - 10/25/93 Consideration of award of contract for installation of chlorination and dechlorination eauinment at the CitVs wastewater treatment plant. Proiect 93.11C. (J.S.) A. REFERENCE AND BACKGROUND Three bids were received for the chlorination/dechlorination project Friday morning. The bids ranged from a low of $50,800 to a high of $78,400. The lowest bidder was Northwest Mechanical. The City Engineer has recommended award to this firm. As you may recall, the plans are at the Minnesota Pollution Control Agency's office for review. Consequently, it would be in our best interest to award the project contingent upon approval of the plana and specifications by the Minnesota Pollution Control Agency. We expect to receive the approval by the end of the month, which is well within the bid holding time specified in our project contract documents. B. ALTERNATIVE ACTIONS 1. The first alternative would be to award the chlorination/ dechlorination project to Northwest Mechanical in the amount of $50,800 contingent upon approval of the plans and specifications by the Minnesota PCA. 2. The second alternative would be not to award the project at this time even contingent upon approval of the plans and specifications by the PCA, but to wait until such approval is actually given. 3. The third alternative would he not to award the project at all. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and Public Works Director that the Council award the project contingent upon approval of the plans and specifications by the PCA as outlined in alternative lll. D. SUPPORTING DATA: Copy of letter and bid tabulation from USM. UE BID TABUTATION FOR CHLORINATION/DECHLORINATION PROJECT CITY PROJECT NO. 93-11C � c's . FOR THF. CITY OF MON710ELLO .o WRIGHT COUNTY, MINNESOTA BIDS OPENED: October 22, 1993 ORR-SCHELEN-MAYERON 10:00 A.M. & ASSOCIATES, INC. CONTRACTOR BID SECURITY TOTAL BID NOkTNWe-rr 1ne-c11,A11C.*L s% �S4 poo I iL14oiaP9c ,QCIIcDEaf SNG, � � SG 7S0 o_ ou (���ODo2 �uttRrcr..� S� 7. y00 I I ENGINEER'S ESTIMATE I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE: October 22, 1993 BY: P.E. City Engineer Jon D. Peterson, P.E. OSM Project No. 5133.00 'Denotes Corrected Figure OCT 22 '93 14:14 CGPI I -FL;. 111 P.1 �tnc. 300 Perk Mace center October 22, 1993 5776 Wayma Boulevard MW=pdm, MN 55116.1278 612.595-5116 1.80U 753.5775 FAX 595-577; Pngtncen Mayor and City Council ArcWtecb City of Monticello Kam sswdeyom P.O. Box 1147 250 East Broadway Monticelln. MN 553621 9245 Re: Chlorination/Dechlorination Project for the City of Monticello City Project No. 93-11C OSM Project No, 5133.00 Desr Mayor and City Council: Bids were received for the above -referenced project at 10:00 a.m., October 22, 1993, and were opened and read aloud. A total of three responsive bids were received. Northwest Mechanical, Inc„ 432 Mill Street, Box 40, Long Labe, MN 55356 submitted the lowest bid in the amount of $30,800.00. no bids were cheated for mathematical accuracy and tabulated. The Engineer's Estimate was $51,000.00. We recommend award of the Contract to Northwest Mechanical, Inc. in the amount of $50,800.00, contingent upon approval of the project plans and specifications by the Minnesota Pollution Control Agency. The Bid Tabulation and Bid Extension are enclosed. Sincerely, ORR-SCIIELEN»MA'YERON & ASSOCIATES" INC. Poq•it' Marta tax OansmNtai memo 7871 i. a ce ?V.,01jenc., Peterson, P.L. Manager Enclosure c: John Simola, City of Monticello Don Esping, OSM Bret Weiss, OSM /run L0115WO c1VajLUMRS VMUM.LTtt Wuu tlrpwnn+p e'nwrr' ` �\ P990 of i y Extens-n of Bids CHLORINATION/DECHLORINATION PROJECT Friday October 22, 1993 - 10:00 AM OWNER PROJECT 93-11C CITY OF MONTICELLO OSM PROJECT NO. 5133.00 LOW BIDDER 2ND BIDDER 3RD BIDDER NORTHWEST MECH. WNIC1I'AL @ALDERS GRIDOR CONST. TMIU 950.60000 Tcbl ad $56,7$0.00 IOW B12 $79,100.00 9a Ou m" UPn Ulm Pon 94m To l 1Aa w.n nom TaIW uN PACO Mem Tac I I OEMOUTION OF CUSTWO CHLORWATION I 1 9"TEM T LLW 51M 9600.00 swo oo $4.750.00 $4.15600 $4.000 OD $4,006.00 I ITLOHIIE FWSH ��-S�OSULFJTE ]kV 1LVYP LIfY 616,00000 91b,00D 00 926,000.00, pb.00000I 1137200.00 p1?00.00 I— 990,900.00 1 9bumm I 1 9",400.001 �\ P990 of i y City Council Agenda • 10/25/93 s. Consideration of auarovine 1994/05 contract for police protection with the Wright Countv Sheriffs Deaartment . (R.W.) A. REFERENCE AND BACKGROUND Wright County has recently prepared a new 2 -year law enforcement contract for police protection that the City Council is asked to ratify. Currently, the city is receiving 9,176 hours of coverage for the 1993 year which breaks down into 24 hours per day with an additional 416 hours that is to be used for Fridays and Saturdays six months of the year. The present hourly rate for 1993 was $28.50 per hour for a dotal annual contract fee of $261,516. For the year 1994, the proposed contract fee has been increased to $30.50 per hour for an estimated total annual contract amount of $279,868. The second year of the 2 -year contract (1995) is proposed at $32 per hour for an expected annual contract of $293,612. The 1994/95 contract totals are assuming that we continue with our 24 hour per day coverage 7 days a week plus the additional 8 hours per day on Fridays and Saturdays for six months of the year. As part of the 1994 preliminary budget, I was aware of the proposed $30.50 per hour charge and $279,868 has been included in the preliminary budget figures. The Police Advisory Commission recently met to review the contract renewals and, at this time, did not feel there was any additional need for more hours of coverage and recommended that Council continue with the contract as proposed. In order to cut down on paperwork and to allow both the county and the city to plan for 2 years at a time, the contract is a 2 -year agreement. The agreement also allows the city, during the term of the contract, to request an increase in coverage if we desire. Of course, any additional hours will cost the city the hourly rate as specified in the contract. 13. AurERNATIVE ACTIONS: Hatify Cho contract as proposed fir Lite years 1994 uud 1995 with a contract coverage of 9,176 at a rate of $30.50 per hour in 1994 and $32 per hour in 1995. Ratify the contract as proposed but set it different level of hours of coverage. While the extent of coverage may need to he expanded in the future as the city continues to grow, the staff is not aware of any complaints on coverage levels at this time from citizens, and we do believe the increase to 24 hours last year has provided adequate coverage at this time. 12 City Council Agenda - 10/25/93 C. STAFF RECOMMENDATION The staff and Police Advisory Commission recommend that the contract be ratified for 2 additional years at the hourly rate proposed. It does not appear that the hourly rate is negotiable as it has been set by the county board for all contracting communities. The city's only option would be to not enter into a contract arrangement and proceed with starting our own police department. Should this ever be considered, I believe more research will be needed to get a handle on the true cost of operating our own police department and would take some time to implement. The Sheriffs Department has noted to the Police Commission that the afternoon shift has been very busy at times, and backlogs have occurred because of increased activity. It is possible that the city will have to look at rearranging hours or possibly adding additional coverage during that middle shift as we continue to grow. If this is something we want to consider next year, we can increase our budget allocation prior to final adoption in December. D. SUPPORTING DATA: Copy of proposed contract; Letter from county noting increase in fees. lea h�, � �IIQJ I; r 13 LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of , 19939 by and between the COUNTY OF 41RIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the City of MONTICELLO hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter, described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the pro— vision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 0 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted In conformance therewith. Statutes and ordinances which prescriber enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city manage- ment matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. 3. That the County shall furnish and supply all necessary labor, super- vision, equipment, communication facilities for dispatching, coot of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. S. The Municipality shall not be liable for compensation or indemnity to any of the Sheriff's employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 1994 to December 31, 1999. B. The Municipality agrees to pay to the County the sum of •30.90 per 2 hour for lar enforcement protection during the calendar year 1994 and not to exceed 532.00 per hour during the calendar year 1999. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15, 1995, and ■ lake date of each subsequent year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 24 hours per day; 416 aldltional hours on Fridave/Satur¢8y9 Z. 9,176 hours annually and shall provide 24 hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costa and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines &rising from such prosecutions shall accrue to the County. violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city pr000cutiona shall accruo to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosec- utiona initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecution■ initiated by the Municipality. 3 81A I.. For• the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council,• the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his uffice in relation to the contract herein. 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by its governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: Mayor ATTEST: Clerk WRIGHT COUNTY COMMISSIONERS: Det ed: ATTEST: Richard W. Norman County Coordinator Dated: Pat Sawatzke, Chairperson Donald Hozempa Wright County Sheriff Approved as to form and ewmcution: Wyman A. Nelson, Wright County Attorney 4 OF, WRIGHT COUNTY SHERIFF"9 DEPARTMENT CONTRACT INFORMATION 1992 Hourly Rate $26 Annual Contract Fee $238,576 Proposed 1993 1994 1995 $28.50 $30.50 $32 $261,516 $279,868 $293,632 Services provided by Wright County Sheriff: A) 24 hours per day, 7 days per week (8,760). B) Additional 8 hours per day, Friday and Saturday, not to exceed 416 total hours, assigned at discretion of scheduling authority. <<� e? / ,9o.so 23,s 0 SHERIFF.SUM: 10/8/93 0 JNTy QA � m Z1 dy 786$ RICHARD W. NORMAN Cm.q C_d_ COUNTY OF WRIGHT TO: LAG LWORCII-EENT CCNTPACT CITIES (Albertville, Clearwater, Cokato, Delano, Hanover, Maple Lake, Monticello, Montrose, Otsego, Rockford, South Haven, St. Michael and Waverly) Please be advised that the County Hoard of Commissioners, in cooperation with the County Sheriff and County Attorney, has established rates for contract patrol services for 1994 and 1995. The rate for 1994 shall be 330.50/flour. The rate for 1995 will not exceed $32.00/Hour. As you're avers, the current contract states that municipalities oust notify the County in writing prior to August 15 regarding any change in the number of hours to be contracted for in the coming year. Please provide this information if you anticipate an increase or decrease from current contract hours. Once again, it is felt that by setting the rate for two years, juris- dictions will be able to consider rates in their budget discussions and analyte their particular contract needs. Sincerely, chard V. Norman County Coordinator cc: Don Hoxempa. Sheriff Wyman Nelson, Attorney County Hoard Equal OODoftaity / Affimatiw Action Uji4ye, Sp KENJUDE 10 N.W. 2nd swel Fin Dir iv 84ftlo, Mlnraesora 55313-1193 PAT SAWAT ZKE %cad Di ., Td: (612) 6831378 JACK RUSSEK Metro: (612)1194881 TAid Dirnict 1800.3631667 JUDIE ROSE F—h Dinna DICK MATTSON Foh Di ­ July 7, 1993 TO: LAG LWORCII-EENT CCNTPACT CITIES (Albertville, Clearwater, Cokato, Delano, Hanover, Maple Lake, Monticello, Montrose, Otsego, Rockford, South Haven, St. Michael and Waverly) Please be advised that the County Hoard of Commissioners, in cooperation with the County Sheriff and County Attorney, has established rates for contract patrol services for 1994 and 1995. The rate for 1994 shall be 330.50/flour. The rate for 1995 will not exceed $32.00/Hour. As you're avers, the current contract states that municipalities oust notify the County in writing prior to August 15 regarding any change in the number of hours to be contracted for in the coming year. Please provide this information if you anticipate an increase or decrease from current contract hours. Once again, it is felt that by setting the rate for two years, juris- dictions will be able to consider rates in their budget discussions and analyte their particular contract needs. Sincerely, chard V. Norman County Coordinator cc: Don Hoxempa. Sheriff Wyman Nelson, Attorney County Hoard Equal OODoftaity / Affimatiw Action Uji4ye, Sp City Council Agenda - 10/25/93 9. Consideration of an ordinance amendment rettulatint[ cemeteries (R.W.) A. REFERENCE AND BACKGROUND Prompted by concerns of the Wright County Sherifrs Department, the City Council is asked to adopt an ordinance amendment. that, would regulate activities within city cemeteries including establishing hours that a cemetery would be closed to the public. In reviewing our present ordinances, it appeared appropriate to simply take Chapter 6 of our ordinances that originally regulated parks and add cemeteries to this category. The result, after making a few modifications, is that the new Chapter 6 would cover regulations on both parks and cemeteries and would provide for the cemeteries being closed (1/2) hour atter sunset until 8:30 a.m. daily. This ordinance amendment was reviewed recently by the Police Commission and Chief Deputy Don Lindell of the Wright County Sheriffs Department and both parties recommended that the City Council consider adoption of the ordinance. B. ALTERNATIVE ACTIONS: 1. Adopt the ordinance amendment as proposed which would set rules of operations within cemeteries and close cemeteries at night. 2. Do not adopt ordinance amendment. C. STAFF RECOMMENDATION: Based on the recommendation of the Sherifrs Department representatives and the Police Commission, the Council is asked to adopt the ordinance amendment its proposed. The main enforcement tool that the Sherifrs Department had requested concerns closing cemeteries after dark. 1). SUPPORTING DATA: Copy of proposed ordinance amendment 14 ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 8, CHAPTER 6, OF THE MONTICELLO CITY ORDINANCE PERTAINING TO PARIS BE AMENDED TO INCLUDE REGULATIONS ON CEMETERIES AS FOLLOWS: CHAPTER 6 PARKS AND CEMETERIES SECTION: 8-6-1: Purpose 8-6-2: Observation of Posted Rules 8-6-3: Parking 8-6-4: Refuse 8-6-5: Fires 8-6-6: Snowmobiles 8-6-7: Speed Limit 8-6-8: Park Hours 8-6-9: Cemetery Hours 8-6-1: PURPOSE: It is the purpose of this chapter to protect and promote the public health, safety, and general welfare of the city of Monticello by regulating the use of city parks and cemeteries. 8-6-2: OBSERVATION OF POSTED RULES: All posted rules and regulations by the City of Monticello must be observed in addition to those contained in this ordinance. 8-6-3: PARKING: Parking is allowed only in defined areas. Parking is prohibited on grass or walk paths. 8-6-4: REFUSE: Refuse must be disposed of properly. 8-6-5: FIRES: Fires are only allowed in barbecue pits or fireplaces and all other fires are prohibited. 8-6-6: SNOWMOBILES: Snowmobiles are not allowed in cemeteries or the West Riverside Park. a Ordinance Amendment No. Page 2 8-6-7: SPEED LIMITS: All vehicular traffic in city parks and cemeteries is limited to a speed of 10 mph. 8-6-8: PARK HOURS: All city parks shall be closed to the public between the hours of 10 p.m. until 8:30 a.m. daily. 8-6-9: CEMETERY HOURS: All cemeteries shall be closed to the public V2 hour after sunset until 8:30. a.m. daily. Adopted this 26th day of October, 1993. �'�C 1V� Mayor City Administrator 0�? Council Agenda - 10/25/93 to. Consideration of final payment for phase f of the public works expansion. Proiect 92.06, Vehicle Stornee Facilitv and Appurtenant, Work. W.S.) A. REFERENCE AND BACKGROUND Painting of the vehicle storage facility has now been completed. The general contractor, Rochon Corporation, found it necessary to switch painters from Wasche Interiors to Prism. This new subcontractor stepped in and re -did all of the duct work inside the building and painted the entire exterior of the building. They did the work quickly and professionally with a high degree of quality. We will be receiving a three-year warranty for labor and materials for the painting of the exterior of the building. The total cost of the work performed by the Rochon Corporation, including change order #4 for the repainting of the exterior of the building of $11,304, which was paid for by the State Farm Insurance Company, amounts to $531,657.33. To date, the City has paid $499,225.20, leaving a balance due of $32,432.13. Rochon Corporation will be providing lien waivers from all the major subs on the project, with the exception of Wasche Interiors. The Rochon Corporation withheld $5,404 from Wasche Interiors in 1992 for work not completed on the project. It is my understanding that Wasche Interiors at that time agreed that this was the value of the work yet to be completed. However, now since someone else stepped in to complete their work, they will not provide lien waivers until they are paid, even for work not completed. The Rochon Corporation will provide documents indicating that they have paid Wasche Interiors all the money they have coming. The question for us is whether or not we should pay all of the money to the Rochon Corporation without having a lien waiver from Wasche Interiors, or if we should hold a dollar amount of $6,404 until Wasche Interiors provides a lien waiver. At this time, we know of no lien heing filed by Wasche Interiors, and they may be approaching the hond for the Rochon Corporation in an attempt to get paid. We are asking the City Attorney whether or not there would he any ramifications if we paid Rochon without having the final lien waiver from Wasche Interiors. We should have that information for you by Monday evening's meeting. is Council Agenda • 10125193 B. ALTERNATIVE ACTIONS: 1. The first alternative is to make final payment to the Rochon Corporation in the amount of $32,432.13, upon receipt of the warranties and lien waivers, with the exception of the one from Wasche Interiors. 2. The second alternative would be to authorize payment to the Rochon Corporation for $32, 432.13 less the $5,404 requested by Wasche Interiors. The $5,404 would be paid upon final lien waivers from Wasche Interiors. C. STAFF RECOMMENDATION: It is the staffs opinion that Wasche Interiors had not completed the work on the project in 1992. The entire duct work needed touch up and repainting on the inside of the building, and a portion of the outside of the building was of the wrong color and did not have enough paint on it. Whether or not the value of the work to he completed by Wasche Interiors was actually $5,404 is not possible for us to determine. If Rochon has paid them for the value of their work performed, there does not appear to be a risk to us to make final payment complete to Rochon Corporation. Pending a different recommendation from the City Attorney, the City Engineer and staff would support final payment to Rochon as outlined in alternative #1 in the amount of $32,432.13. D. SUPPORTING DATA: Copy of letter and payment request from OSM regarding final payment. in Orr 0A1S)&=hlCScivien 300 Park Place Cc= 5775 Wayzata Bmlrvard MirvteaPOUS. MN 551161228 612-595-5775 1-80475}5775 FAX 595-5774 September 3, 1993 City of Monticello P.O. Box 1147 250 East Broadway Monticello, MN 55362-9245 Re: Vehicle Storage Facility and Appurtenant Work City of Monticello Project No. 92-06 Monticello, Minnesota OSM Project No. 4900.00 City Council: veers teas Planners s�ey�rs Enclosed are four (4) copies of Construction Payment Voucher No. 6 (Final) on the referenced project in the amount of $32,432.13. Please make payment in the amount of $32,432.13 to Rochon Corporation, 12866 Highway 55, Plymouth, Minnesota 55441 at your earliest convenience. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. �,,j1q. Bret A. Weiss, P.E� Project Manager Enclosures c: Rochon Corporation /rim H:\49W00\CML\tZrn3R5\1a7193,V06 CquAlOPP�NM'e"RMw C/O) CONSTRUCTION PAY VOUCHER Estimate Voucher Number: 6 Date: October 21, 1993 OSM Project Number: 4900.00 Period Ending: October 31, 1993 Project: VEHICLE STORAGE FACILITY AND APPURTENANT WORK MONTICELLO, MINNESOTA CITY OF MONTICELLO 92-06 Contractor: ROCHON CORPORATION 12866 HIGHWAY 55 PLYMOUTH MN 55441 Contract Date: June 23, 1992 Work Started: June 26, 1992 Completion Date: November 15, 1992 Work Completed: original Contract Amount 510,874.30 Total Additions 20,526.72 Total Deductions -450.00 Total Funds Encumbered 530,951.02 Total Work Certified to Date 531,657.33 Less Retained Percentage 0.00% 0.00 Less Previous Payments 499,225.20 Total Payments Incl This Voucher 531,657.33 Balance Carried Forward -706.31 APPROVED FOR PAYMENT, THIS VOUCHER 32,432.13 APPROVALS ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Pursuant to our field observation, as performed in accordance with our contract, and based on our professional opinion, materials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is: 100% completed as of October 31, 1993. We herby recommend payment of this voucher. signed: Signed:C- Construction Observer Prb-Ject Manager/Engineor ROCHON CORPORATION This is to certify that to the best of my knowledge, information, and belief, the quantities and values of work certified herein is a fair approximate estimate for the period covered by this voucher. Contractor: Signed By Date: Title CITY OF MONTICELLO Checked By: Approved for payment: Authorized Representative Date: Date: PAGE 1 CE) 1 u (0�� 20F 4 V 0 U C N E R D E T A I L L 1 5 T Eatleete Voucher Mmber: 6 Project: VEHICLE STORAGE FACILITY AND APPURTENANT WORK Date: OCTOBER 21, 1993 OSM Project Mustier: 4900.00 CITY OF MONTICELLO PROD. NO.: 92.06 for MONTICELLO, MINNESOTA CITY OF MONTICELL0 VEHICLE STORAGE FACT ITV Contract Contract CaaPlated This Month total to Date Item Spec No Description Quantity wits .................................... Unit Price Total Price Quant l ty ...................... Total Quantity ......... Total Price ............ ................................................ 10 RASE BID • CONSTRUCT THE BUILDING ......... 1 L.S. 415,857.00 495,857.00 .03 12,475.71 1 415,857.00 INCLUDING APPURTENANT MOR% 21 SITE WORK ITEM A. COMM 1 L.S. 8,925.00 8,925.00 0 0.00 1 8,925.00 EXCAVATION 22 SITE WORK ITEM S. HUCK EXCAVATION 3500 C.T. 1.41 4,935.00 0 0.00 3500 4,935.(10 (IMPLACE VOLLIE) 23 SITE WORK ITEM • C. GRANULAR BORROW 3500 C. T. 1.57 5,495.00 0 0.00 3500 5,495.00 PLACEMENT (INPLACE VOLUME) 24 SITE WORK ITEM • D. HAUL UNSUITABLE 5000 C.T. 2.10 10,500.00 0 0.00 SODO 10,500.00 SOILS AND CONSTRUCT BERN 25 SITE WORK ITEM E. 8612 CONCRETE 390 L.F. 9.97 3,888.30 0 0.00 366 3,848.42 CURB AND GUIIEN 26 SITE WIC ITEM F. AGGRE.GATF BASE 500 TORI 6.19 3,095.00 0 0.00 551 3,410.69 CLASS S 27 SITE LUX ITEM G. BITUMINOUS BASE 130 ION 23.10 3,003.00 0 0.00 153 3,SS4.30 COURSE 27 SITE WORK ITEM H. • 61ILMIUM 130 IOM 25.20 3,276.00 0 0.00 126 3,175.20 YEAR COUISE 28 TOTAL BASE BID INCLAQIMG SITE NORK 0 0.00 0.00 0 0.00 0 0.00 30 ADD ALTERNATE 01 - INSTALL CO -RAV- 1 L.S. 31,300.00 31,300.00 0 0.00 1 31,300.00 VAC MEAIING SYSTEM 40 ADD ALTERNATE 02 . CONSTRUCT INE 1 l.t. 20,600.00 20,600.00 0 0.00 1 20,600.00 SIGN SHOP S MEZAMMINE .................... TOTAL VEHICLE STORAGE FACILITY .................... M 510,674.30 .................... S 12,475.71 S 511,580.61 (0�� 20F 4 J V0 U C H E R D E T A I L L I S T Eatimte Voucher Timber: 6 Project: VEHICLE STORAGE FACILITY AND APPURTENANT WORK Date: OCTOBER 21, 1993 09M Project Muaber: 4900.00 CITY 0► MONTICELLO PROD. NO.: 92.06 for MONTICELLO. MINNESOTA CITY OF MONTICELLO CHARGE ORDER 01 Contract Contract Coapleted This Month Total To Date item Spec No Description Quantity Unit Unit Price Total Price Quantity ...................... Total Quantity ......... total Price ............ .... ............................................ 1 Site York Muck Excavation ......... .......... 1474 C.Y. .......................... 1.41 2,078.34 0 0.00 1474 2,078.34 2 Site Work Granular Borrm 1074 C.T. i.S7 1,686.18 0 0.00 1074 1,686.18 Placement 3 Site York Maul Unsuitable Sells 372 C.Y. 2.10 781.20 0 0.00 372 781.20 4 Tom Insulation I L.B. 1,500.00 1,500.00 1 .................... 1,500.00 1 .................... 1,500.00 TOTAL CHARGE ORDER 01 .................... S 6,045.72 S 1,500.00 S 6,045.72 FHANGE ORDER 02 Contract Contract [osptatW this Month iota) to Data 1[m Spec No Description Quantity Units Unit Price ............. local price Quantity ...................... Total Quantity ......... total Price ............ .... ............................................ I MEDAL HALIDE WALL PAC ......... .......... 1 FACM ............. 97.00 377.00 0 O.OD 1 377.00 2 UPGRADE A•1 FIXTURES TO QUARTZ RE- 2 EACH 99.00 198.00 0 0.00 2 198.00 STRIKE TYPE 3 ADD EMERGENCY EXIT DOOR LIGHTS 3 EACH. 117.33 352.00 0 0.00 3 352.00 4 CHARGE FROM PHOTO CELL TO TIME CLOCK 1 EACH 44.00 44.00 0 0.00 1 44.00 CONTROL 5 PLACE 3/4• CONDUIT TO LAVATORY 1 LIMP SUIT 126.00 126.00 0 .................... 0.00 1 .................... 126.00 TOTAL CHANGE ORDER 02 .................... S 1,097.00 S 0.00 S 1,097.00 CHANGE ORDER 03 Contract Contract Cospleted This Month lout To Dote It M Spec No Description Quantity Unita Unit Price Total Price ...................... Quantity Total Quantity ......... Total Pries ............ .... ............................................ 1 GRAVEL STOP ......... .......... 1 LIMP SIM .......................... 580.00 580.00 0 0.00 1 580.00 2 IAVATORV WATER PIPING I UNP Sill I,SDO.G0 1,%00.00 0 .................... 0.00 1 .................... 1,500.00 TOTAL CHANGE ORDER 03 .................... B 2,060.00 S 0.00 S 2,080.00 O 3 of 4 I n 4 014 V0U C H E R D E T A I L L 1 S I Estimate Voucher Number: 6 project: VEHICLE STORAGE FACILITY AMD APPURTENANT WORC Data: OCTOBER 21, 1993 OSM Project Number: 4900.00 CITY Of MONTICELLO PROD. NO.: 92.06 for MONTICELLO, MINNESOTA Cllr OF MONTI[Ell0 ;RANGE ORDER 04 Contract Contract Completed This Month total To Date Itse SpaC NoDescription Quantity Units Unit Price tote( Price Ouentity ............ ......... Total ............. Quantity Total Price ......... ............ ................................................ 1 CLEAN, PRIME AND PAINT BUILDING ......... ..........."'.......... I LUMP SL11 11,304.00 11,304.00 1 11,304.00 1 11,304.00 EXTERIOR. THE LABOR AND MATERIAL WARRANTY IS EXTENDED ACCORDINGLY. .................... .................... TOTAL CHANGE ORDER Y4 .................... 5 11,304.00 S 11,304.00 B 11,304.00 CONSTRUCTION CONTRACT CORRECTION Contract Corltrmct Coapleted This Month Total To Dote Item Spec No Description Quantity Unit. Unit Price Total Price QuantityTotal ......... ............. Quantity Total Price ......... ............ .... ............................................ 1 INFRARED REPORT ......... .......... ............. I EACH ............. •250.00 -250.00 1 -250.00 1 -250.00 2 PLUMBING, CLEANOUT 2 EACH 100.00 -200.00 2 .................... -200.00 2 •200.00 .................... TOTAL CONSTRUCTION CONTRACT CORRECTION .................... 5.450.00 .................... 1-450.00 5-450.00 .................... GRAND TOTAL .................... S 530,951.02 S 24,629.71 5 531,657.37 n 4 014 Council Agenda - 10/25/93 t 1, Consideration of reviewing current como time oolicv for exemat salaried emulovees. (R.W.) A. REFERENCE AND BACKGROUND: As requested by the Council, the purpose of this agenda item is to review the present comp time policy stated within our personnel policy and to also review administrative policies that have been implemented regarding comp time usage by exempt salaried supervisor/department head employees. In addition to the review of the current policy, suggested amendments are proposed. CURRENT POLICY The City's current personnel policy states that incidental hours in excess of 40 per week or outside of a normal schedule work day are to be expected for supervisory and exempt employees as part of his(her job requirements and shall not be directly compensated for in addition to base salary. Additionally, our policy states that comp time off may he granted to an exempt classified employee if, in the Administrator's judgment, the services would not be disrupted. What this basically is saying is that salaried employees should not be expecting (<) receive any additional pay for extra hours they may have to work to perform their jobs, but they may receive some time off from the normal work schedule if it doesn't disrupt city services. In addition to the personnel policy above, on the administrative level, I instituted u policy regarding the usage of comp time by the exempt employees. 1 felt that in order to have a level playing field for all salaried individuals, it would he best to create a policy that in effect limited the amount of time off 1 would grant to no more than eight hours in a poo period Itwo weeks). When our payroll system was computerized, the system had many capabilities, including the ability to keep track all hours worked and provide management with a record of the time spent by all employees to do their various tasks. Employees completed their time sheets by listing the amount of hours they worked during the pay period, and the payroll system automatically kept track of all hours over 40 under a comp time heading. The primary reason comp time had been accumulated in this fashion was to allow management the ability to easily keep track of hours spent by employees and departments that could possibly he used to justify the need 17 Council Agenda - 10/25/93 for additional employees in the future and to also provide accountability to the public should anyone question the amount of hours worked by salaried employees. In order to see how our policy compared to other communities, I contacted a few communities and also contacted the League of Minnesota Cities. It appears that many communities are reviewing their current policies and practices concerning comp time usage by exempt employees due to recent court cases involving salaried employees as they relate to the Federal Fair Labor Standards Act. Under our current policy and procedures, the one area that we may want to consider changing concerns how we account for the time worked by salaried employees in filling out time sheets. It, has been highly recommended by the League that any reference to comp time be eliminated from the time sheet and our payroll system so as to not mislead an employee into thinking that they may be getting paid for the hours over 40 some day in the future. Although our policy certainly indicates that they shall not he directly compensated for additional hours, the mere fact that we do keep track and note comp time on our time sheets could lie misleading to employees. There is not a problem with requiring all employees to fill out a time sheet; it was just recommended that all the hours be listed that an individual works. But as a true exempt salaried employee, if an employee works less than 40 hours in a week, the City would also not deduct any pay for not meeting the 40 -hour minimum. Likewise, tiny hours over 40 are not compensated for either. RECOMMENDED CHANGES In light of the comments from the League of Minnesota Cities, the Council may want to consider changing our personnel policy to further clarify that salaried employees shall not receive any additional pay above their base pay for hours worked but. also acknowledges that (,here is some freedom by the individual in the number of hours they work provided they meet the City's expectations and call get their joh done_ While in the past it has been illy policy to allow up to eight hours in a pay period its time off, it is suggested that a possible amendment to our policy could include n provision that only allows time off for less than a full day to he considered comp time under normal situations. '['his, in my judgment, better meets the definition of comp time, whereas utilizing time off in full-day increments should probably be considered vacation or other leave. As with any policy, I think there should he exceptions to this rule, as we do have some employees who may have to work a higher number of hours on a seasonal basis, and it may not he appropriate to limit their time off to only less than full-day increments. 18 Council Agenda - 10/25/93 Likewise, if someone has already completed their job and has worked over 40 hours already, I do not feel there is anything wrong with an individual taking a full day off in that situation. Normally, though, comp time would be utilized for taking off early or coming in late rather than taking off a full day. While the policy we have been using has seemed to work very well, the elimination of comp time accumulation from our payroll system and not requiring an employee to fill out their time sheets to equal 40 hours in a week are recommended changes we should implement to avoid any potential liability in the future from an employee who thought they might be compensated for the time we were accumulating. Although I think our present policy certainly states that a person would not he receiving additional pay, I can also see where accumulating hours on a payroll system could mislead an employee to think otherwise. In most cases, employees who have utilized comp time in the past have worked far in excess of the hours they were granted off. In some respects, changes to a policy that was not broken does not seem necessary; but further clarification certainly won't hurt. With the proposed changes, exempt employees may have more freedom to take time off than they had before, but the bottom line is they still have to get their job done and meet the expectations by providing city services during the normal work day. 13. ALTERNATIVE ACTIONS: Council could reaffirm the present personnel policy and administrative policy on comp time usage that currently exists but eliminate the reference to comp time accumulation on Ix)th the payroll system and time sheets. This would allow under my current policy an employee to take up to eight hours off in a two-week time period Lind in a full-day increment at my discretion. The current policy already stades that an employee will not he compensated for any additional hours; and as long as we change the reference to comp time on the time sheet, this may be sufficient. 2. Council could amend the personnel policy to further clarify the definition of exempt employees which would also limit, under normal circumstances, comp time usage to less than full-day increments. The amendment would provide an exception for employees who may have to work excessive hours on a seasonal Iasis or for those that already had met the normal work week. 19 Council Agenda - 10/25193 Under this alternative, we would also delete from the payroll records any accumulation of comp time and also eliminate the reference of comp time from our time sheets. Employees would still put down all the hours they worked, and it would allow management the ability to track time spent from the time sheets if we desired. Council could amend the personnel policy regarding comp time in some other fashion. C. STAFF RECOMMENDATION: It is my recommendation that the personnel policy be amended as noted under alternative ill to further clarify the fact that exempt salaried employees have the freedom to plan and schedule their own work but also limits their camp time to normally less than a full day at a time. In order to eliminate any potential liability on the City's part, it is recommended that we eliminate comp time reference from time sheets and from our payroll system. I think this is the most important change we can make, and I would also not have a problem with the policy remaining as is, as it has worked for a number of years; and if it isn't broken, why fix it. D. SUPPORTING DATA: Copy of current personnel policy regarding comp time and administrative policy on comp time usage; Recommended personnel policy amendment. 20 CURRENT POLICY 4. Any employee who performs a regular eight-hour shift between the hours of 9:00 p.m. and 9:00 a.m., or any employee who works more than five consecutive hours of overtime, shall be given a thirty -minute lunch break with pay. 5. Employees who work beyond their regular quitting time shall receive a fifteen minute rest period for each two hours of continuous time, except that if an employee is compensated for a lunch break under this provision, it shall be in lieu of one paid rest period. 6. The work week normally consists of five consecutive eight-hour days, exclusive of a lunch period, which shall not exceed one hour. The most common regular shift shall be from Monday through Friday, although public necessity is sufficient reason for operating shifts outside this schedule. 7. In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent him/her from so working. 8. Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 4. Incidental hours in excess of 40 per week or outside of a normal scheduled work day are to be expected for supervisory and "exempt" employees as part of his/her job requirements and shall not be directly compensated for in addition to base salary. Compensatory time off may be granted to an "exempt" classified employee if, in the Administrator's judgment, services would not be disrupted. 10. Emergency Closings - In the event of a snow emergency or other disaster, certain City operations may be closed during that emergency. Closing departments and/or facilities shall be at FILES\PERSONN.POL: 3/11/91 Page 4 011 Ufficeof ihe(,'tty Admbikn,w,t 250 F w BroaJwac Monticello, MN 553629245 Hume: 11)5-2711 MEMO Metro:(612) 333.5739 TO: All Department Heads and Supervisr`ors FROM: Rick wolfsteller, City Administratopy// DATE: January 7, 1992 RE: Use of Comp Time As I'm sure you`re all aware, salaried positions within the City of Monticello incur incidental hours in excess of 40 hours per week outside of your normal scheduled work day, In many cases, these hours were expected for supervisory and exempt employees as part of his/her job requirements and are not directly compensated for in addition to base pay• Since we've never had a true policy established on comp time usage, I thought it would be beat to establish a reasonable program that all exempt employees could utilize. In the past, I know some supervisory employees were only taking comp time in increments of four hours a day while others were granted comp time in excess of this amount. At this point, our policy manual does not allow an hour for an hour reimbursement ratio, and it's been possibly utilized by some employees differently than others. while I do not mean to infer that anyone is abusing camp time priviloyes, I am creating an administrative policy that will allow no more than eight hours per pay period to be utilized as comp time. As noted in the personnel policy manual, all comp time should be approved by the Administrator prior to usage, but I think the limiting of no more than one day of Gump Limo pay per pay period is reasonable. Should any of you have any questions, please let me know. RECOMMENDED PERSONNEL POLICY AMENDMENT III - Hours of Work Page 4 - Item (9) 9. Exempt employees have the freedom to plan and schedule their own work consistent with the expectations of their supervisor and their job description. The employee is expected to fulfill the responsibilities and tasks regardless of the number of hours involved. Incidental hours in excess of 40 per week or outside of a normal scheduled work day are to be expected for supervisory and "exempt" employees as part of his/her job requirements and shall not be directly compensated for ilk addition to base salary. An exempt employee's salary for a pay period will not be increased or decreased as a result of the hours worked that pay period unless there is an absence of a full day or more which is not covered with some form of authorized leave (sick or vacation). A full day of Lime off may be granted to an employee who has worked 40 or more hours in u week if, in the supervisor's judgment, services would not be disrupted. Exceptions to the full day time off provisions can be made by the Administrator for situations where an exempt employee may have extreme variations in work hours throughout the year because of the seasonal job responsibilities and tusks required of his/her position. ERC FINANCIAL SY jT EM 09/27/93 11:50:52 WARRANT DATE Vr_r:OGR GENERAL CHECKING 35626 09/24/93 HAYES/WILV..A 35626 09/24/93 HAYES/'d ILMA 35727 09/24/93 MARQUETTE BANK MONTI 35727 09/24/93 MAROUETTE BANK MONTI 35728 09/24/93 MN DEPART OF NATURAL 35729 09/24/93 MN DEPART OF NATURAL 35730 09/24/93 PRINCIPAL MUTUAL LIF 35731 09/27/93 DOUBLE D ELECTRIC 35731 09/27/93 DOUBLE 0 ELECTRIC 35732 09/27/93 HOLIDAY CREDIT OFFIC 35733 09/27/93 IN INSTITUTE OF MUNI 35734 09/27/93 O'NEILL/JEFF 35735 09/27/93 OLSON & SONS ELECTRI 35735 09/27/93 OLSON & SONS ELECTRI 35735 09/27/93 OLSON I SONS ELECTRI 35735 09/27/93 OLSON & SONS ELECTRI 35736 09/27/03 PITNEY BOWES 35737 09/27/93 SPARKLE WASH 35738 09/27/93 TELEPRODUCTS CORPORA 35739 09/27/93 UNITED STATES CELLUL 35739 09/27/93 UNITED STATES CELLUL 35739 09/27/93 UNITED STATES CELLUL 35739 09/27/93 UNITED STATES CELLUL Disbursement Journal DESCP.IPTION AMOUNT 285 INFO CENTER SALARY 129.63 285 INFO CENTER SALARY 38.13CR 91.50 22? FICA PYMT/OLLIE SICK P 60.22 222 MEO PYrAT/OLLIE SICK PA 14.09 74.31 118 WATER/SNOW/ATV REG 377.00 118 WATERCRAFT TITLE 50.00 174 ADD 'L INSURANCE PRE 1.365.21 .90186 8ALLFIELOS/SECUP.ITY 949.77 .90186 INSTALL MAP MCH CIRCUI 97.29 1.047.06 95 GAS/FIRE DEPT 14.55 494 MEMBERSHIP DUES/RICK W 75.00 161 MILEAGE EXPENSE 107.24 160 WWTP RENTAL REPAIRS 20.82 160 REPLACE SECURITY FIXT 240.58 160 LIFT STATION REPAIRS 40.00 160 WELL REPAIRS/WATER 40.00 341.40 168 POSTAGE MCH MTC/C HAL 114.00 768 STREET CURB CLEANIN 1.405.80 749 EQUIP REPAIR PARTS/SE 354.08 758 TELEPHONE CHGS 53 .69 758 TELEPHONE CHGS 0.32 758 TELEPHONE CHGS 113.26 758 TELEFHONE CHGS 1 13 .26 280.53 GENERAL CHECXING TOTAL 5.698.58 ERC FINANCIAL SYSTEM 09/30/93 08:22:52 WARRANT DATE VENOOF GENERAL CHECKING 35675 09/30/93 A.E. MICHAELS 35675 09/30/93 A.E. MICHAELS 35675 09/30/93 A.E. MICHAELS 35675 09/30/93 MN DEPT OF TRADE & E 35675 09/30/93 MN DEPT OF TRADE & E 35675 09/30/93 MN DEPT OF TRADE & E Oisbur3ement Journ.91 DESCRIPTION AMOUNI IJ 338 CORRECT VENDOR 338 CORRECT VENDOR 338 CORRECT VENDOR 359 CORRECT VENDOR 355 CORRECT VENOOR 359 CORRECT VENDOR 35740 09/30/93 MN DEPART OF NATURAL 118 WATERCRAFT TITLE 35741 09/30/93 MN OE�ART OF NATURAL 118 MATER/SNOW/ATV REG 35742 09/30/93 KOROPCHAK/OLIVE 97 MILEAGE EXPENSE GENERAL CHECKING TOTAL 184.88 120.98 10.31 184.880: 120.98CP 10.31Cr 0.00 56.00 640.00 112.55 808.55 BR CINAvCIAL SY::.T._rn 09/30/03 08:23:?3 WAR F:ANT GATE VEu00 F: GENERAL CHECKING 35743 10/06/93 SECKER FURNITURE WOR 35744 10/06/93 GOVERNMENT TRAININ3 35745 IU/U6/e3 HATCH -PETERSON SALES 35745 10/06/93 HATCH -PETERSON SALE; 35745 10/06/93 HATCH-PETER''SON SALES 35746 10/06/93 HERMES/JERRY 35747 10/06/93 MINNESOTA BLUEP'R'INT 35748 10%06/93 rtONTICELLO Ar:IrtAL CO 35749 10/06/93 11ONTICELLO PAPER' R S 3574:3 10/06/93 MONTICELLO PAL'EP & 35750 10/06/93 raONTICE!!'i SEr,LO° CI 35751 10/06/93 NORTHWEST ASSOC CONS 35752 10/06/93 O.E.I. 6USIr.ESS POEM 35753 10/06/93 PHOTO I 35753 10/06/93 PHOTO I 35754 10/06/93 PROFESSIONAL SEPVICE 35755 10/06/93 QUALITY LAWN MAINTEN 35756 10/06/93 RELIABLE CORPORATION 35756 10/06/93 RELIABLE CORPORATION 35756 10/06/93 RELIABLE CORPORATION 35756 10/06/93 RELIABLE CORPORATION 35756 10/06/93 RELIABLE CORPORATION 35757 10/06/93 SIMONSON LUMS ER COMP 35758 10/06/93 SOLIOIFICATION. INC. GENERAL CHECKING iii 3oursem?nt Journal OE'l.CRIPTION Ata}UraT 692 CARPET CLEANING/F HAL 198.52 72 PLO IN'-PECTION SEMINAR 45.00 94 600TS/'.LATER OE:T 76.70 94 BOOTS/SEWER COLLECTION 76.69 94 ''STREET SUPPLIES 108.63 262.02 81 LIBRARY CLEANING CONT 227.50 771 BLUEPRINT MACHINE/P W 146.26 195 ANIMAL CONTROL CONT 1.100.00 7'24 FIFE HALL SUPPLIES 373.24 724 CITY HALL SUPPLIES 117.78 491.02 139 rCOrJTHLY CN+TRIP•! TIO 2.?33.33 $50 PROP SE?VICES/PLAN 3.593.03 158 COPY MCH PAPE;./C HALL 174.7G 743 PICTURE$ FOR NEWSLETTER 8.07 743 PICTUPES FOR CITY HALL 63.07 71.14 175 WWTP CONTRACT PYMT 34.330.07 319 MOWING CHARGES 680.00 119 COMPUTER OFFICE SUP 63.GO 179 CITY HALL OFFICE SUP 4.28 179 CITY HALL SUPPLIES 14.98 170 MISC SUP/COMPUTER 118.47 179 COMPUTER PRINTER STAND 18.56 129.89 193 SEWER COLL SUPPLIES 19.77 633 SEWER TELEVISING 1.580.00 TOTAL 45.832.31 Bk; CINANCIAt SYSTEM 10/06/93 03:30:20 +SiehuraeMent Jour WARP,ANT PATE VE140OP OESCPIPTI01+ AMOUNT GENERAL CHECKING 35759 10/06/93 NOPTHWEST 14INvESOTA 156 RE9 FEE/GAkY ANOEP.SON 10.00 35760 10/06/93 BUSINESS EOUCATION S .90115 REG FEE/K OOTY/W KRAE 159.00 35761 10/06/93 LUKACH/JOHN 327 MILEAGE 71.89 35761 10/06/93 LUKACH/JOHN 327 MILEAGE 23.06 35761 10/06/93 LUKACH/JOK.*J 327 MILEAGE 23.96 35761 10/06/93 LUKACH/JOHN 327 MILEAGE 23.95 143.75 35762 10/06/93 HAVES/WILMA 285 INFO CENTER SALARY 65.88 35762 10/06/93 HAVES/WILMA 285 INFO CENTER SALARY 19.38CR 46.50 GENERAL CHECKING TOTAL 358.25 J IN (14 SPC FINANCIAL SYSTEM 10/08/93 08:30:59 WARRANT DATE VENOOR GENERAL CHECKING 35763 10/07/43 ASAP SO:TWAP.E E,XPRES 35754 10/07193 RIFFS. INC. 35705 10/07/S3 BRIOGEVATER TELEPHON 35765 10/07/93 SRIOGEWA TER TE 1.EPHON 35765 10/07/93 SP.'IOGEWATER TE,.`.PHON 35785 10/01/93 BRIDGEWATER TELEPHON 35705 10/07/93 BRIDGEWATER TELEPHON 35765 70/07/93 BRIDGEWATER TELEPHON 35765 10/01/93 BRIDGEWATER TELEPHON 35765 10/07/93 BRIDGEWATER TELEPHON 35765 10/07/93 BRIDGEWATER TE-EPHON 35765 10/01/93 BRIDGEWATER TELEPHON 35766 10/07/93 0 & K REFUSE RECYCLI 35766 10/07/93 0 & K REFUSE RECYCLI 35767 /0107/93 FEEORITE COreTR•3LS. I 35767 10/07/93 FEEORITE CONTROLS. I 35768 10/0'7/93 FIREHOUSE MAGAZINE 357,69 10/07/93 HOGLUr10 COACH LINES 35770 10/01/93 L & S TOOL &, DESIGN 35771 10/07/93 MASWCO 39172 10/01/93 MINNEGASCO 35772 10/07/93 MINNEGASCO 35172 10/01/03 MINNEGASCO 35772 10/07/93 MINNEGASCO 35772 10/07/93 MINNEGASCO 35772 10/01/93 MINNEGASCO 38773 10/07/93 MN STATE TREASURER 35714 10/07/03 PAGE LINK 35774 10/07/93 PAGE LINK 38114 10/01/93 PAGE LINK 35774 10/07/93 PAGE LINK 35774 10/01/03 PAGE LINK 3577r 10/07/93 PAGE LINK 35714 10/01/93 PAGE 1. INK 35774 10/01/93 PAGE LINT, Disbursement Journal SSCP.IPTION AMOUNT 667 CO15aUTER SOFTWARE/C 2.221.43 395 LATRINE RENTAL/PARKS 70.26 24 PHONE CHARGES 63.34 24 PHONE CHARGES 62.09 24 PHONE CHARGES 123.45 24 PHONE CHARGES 26.86 24 PHONE CHARGES 105,.23 24 PHONE CHARGES 45.92 24 PHONE CHARGES 20.75 24 PHONE CHARGES 86.66 24 PHONE CHARGES 29.43 24 PHONE CHARGES 808,.81 1.372.54 611 RECYCLING. CONTRACT 2.3$7.15 611 FLORESCENT LITES RECYC 75.90 2.433:.05 56 ?4ISC PROF SERVICES/VAT 60.00 56 TUBING/WATER DEPT 15.98 75.99 510 MAGAZINE SUB/FIRE DEPT 58.00 483 HEARTLAND BUS CONTR•b.$43.69 237 BLADES SHARPENED/TREE 50.00 .90315 REG FEE/JEFF ONEILL 30.00 772 UTILITIES 24.52 712 UTILITIES 31.46 772 UTILITIES 24.70 712 UTILITIES 82.01 712 UTILITIES 103.61 772 UTILITIES 215.18 482.17 282 DUES/BUILOING OFFICIAL 20.00 703 PAGER CHARGES 42.80 703 PAGER CHARGES 21.30 103 PAGER CHARGES 24.30 703 PAGER CHARGES 21.30 703 PAGER CHARGES 21.30 703 PAGER CHARGES 21.30 703 PAGER CHARGES 21.30 703 PAGEP CHAPGES 21.30 m 8RC FINANCIAL SYSTEM 10/06/03 08:30':58 WARRANT DATE V£NOOR GENERAL C4ECKING 35775 t0/07/0,3 ROYAL TIRE OF MONTIC 35 775 10/07/93 ROYAL TIRE 09 MONTIC' 38770 10/07/93 WRIGHT-HE(jNEPIN COOP GENERAL CHECKING 0 ,3*ur3emant ,burr DEESCRIPTION AMOUNT 194.90 227 EQUIP REPAIR PARTS/ST 112.03 227 VEHICLE MTC/DARKS 11.50 123.53 51.2 UTILITIES 8.6.3 TOTAL 11.884,.18 BRC FINANCIAL SYSTEM 10/13/03 12:23:51 WARRANT DATE VENDOR GENERAL CHECKING Disbursement Journal DESCRIPTION AMOUNT Cl 35777 10/1,3/93 MN'-OEPART OF NATURAL 118WATERCRAFT TITLE 20.00 35770 10/13/93 MN DEPART OF NATURAL 1:18 WATER B SNOWMOBILE RE 7'11.00 357 79'10/13/83 VASKO RUBBISH REMOVA 524 GARABAGE CONTRACT 8.331.72 387.79 16/13'/93 VASKO RUBBISH REMOVA 524 SALES TAX/GARBAGE CON '836.13 8.867.85 *C1 35780 10/'13/93 RIVERSIOE OIL 496 GAS/STREET DEPT 980.1,0 35761 10/13/93 REACH EQUIPMENT 705 RENTAL OF BUCKET TRUC 919.,50 35782 10/13/93 MN STATE TREASURER 262 3RD OTR SLO PERMIT 1.,844.36 38783 10'/13/.93 SEN FRANKLIN 20 PICTURE FRAMES, /CITY M 118.91 35784 10/13/93 AROPLAX CORPORATION 701' EQUIPMENT LOAN 12.356.50 35785 10113/93 PETTY CASH 166 RECYCLING WINNERS 50.00 35488 10/13/03 MN DEPART OF NATURAL 118 WATER/SNOW/ATV REG 600.00 36787 10/131/83 UNITOG RENTAL SERVIC 211 UNIFORM RENTAL 14.18 3,5781 10/13/83 UNITOG RENTAL SERVIC 211 UNIFORM RENTAL 26.32 35787 10/13'193 UNIT60 REMTAL SERVIC 211 UNIFORM RENTAL 12.:90 3S767 10/13/93 UNITOG RENTAL SERVIC 21.1 UNIFORM RENTAL 12.80 38787 10/13193 UNIT04 RENTAL SERVIC 211 UNIFORM RENTAL 02-.18 35797 10/13/93 UNITOG RENTAL SERVIC 211 UNIFORM RENTAL 62.18 192,.44 *C1 38789 10/13/93 FIRE CHIEFS CONF 109 .90316 REG FEE/JERRY VEIN 105.00 30789 10/13/.93 A T A T INFO SYSTEMS 15 FIRE DEPT TELEPHONE CH 23.10 35780 10/13/03 ADAMIS PEST CONTROL 3 LIBRARY PEST CONTROL 48.98 35791 110/13/93 ARA CORY REFRESHMENT 408' CITY HALL REPAIRS 42.00 35702 10/13/93 AUTOMATIC GARAGE 000 280 AOJ GARAGE DOORS/FIRE 240.00 35791 t0/13/93 BUSINESS DEVELOPMENT 20 PROF SERV/H WINDOW CO 5$9.75 35791 10/13/03 BUSINESS DEVELOPMENT 26 PROF SERV/S,TANDARO 1.312'.50 15793 10/tl/93 BUSINESS OEVEI.OPMENT 28 MISC PROF SERVjWQA 570.110 2.531.25 +'C 35794 10/13/93 COAST TO -:OAST 35 SENIOR CITIZEN Bl0 REP 31.4 O l 35194 10/13/63 COAST TO COAST 38 WATER*SUPPLIES MOO 35794 10/13/$3 COAST TO COAST 35 PARK SUPPLIES 20.1& 35794 10/13/03 COAST TO COAST 35 SMALL TOOLS/PARKS 1.27 357.04 10/11/93 COAST TO COAST' 35 MISC SUPPLIES%SHOP A GA 4.08 0 8RC FINANCIAL SYSTEM 10/13/93 12t23:51 WARRANT DATE VENDOR GENERAL CHECKING 35794 10/1,3/93 COAST TO COAST 35794 10/13/03 COAST TO COAST 35794 10/13/93 COAST TO COAST 35794 10/13/93 COAST TO COAST 35794 10/13/93 COAST TO COAST 35795 10/13/93 COMMUNICATION AUOITO 35796 10/13/93 COPY OUPLCATING PROD 35797 10/13/93 CULLIGAN 35798 10/13/93 OYN'A SYSTEMS 35799 10/13/93 FIRE ENGINEERING 35800 10/1.3/03 FLEXIBLE TOOL COMPAN 35801 10/13/93 GOPHER STATE ONE CAL 35802 10/13/03 HARRY.'$ AUTO SUPPLY 35802 10/13/93 HARRY'S AUTO SUPPLY 36802 10/13/93 HARRY'S AUTO SUPPLY 3,5803 10/13/93 HERMES/JERRY 35804 10/13/93 INDUSTRIAL MAINT. SU 35805 10/13/03 J M OIL COMPANY 35806 10/13/93 KEN ANDERSON TRUCKIN 35801 10/13/03 KRAMBER & ASSOCIATES 35808 10/13/93 MARTIE'S FARM SERVIC 35808 10/13/83 MARTIE'S FARM SERVIC 35800 10/13/93 MAUS FOODS 35809 10/13/93 MAUS FOODS 35809 10/13/03 MAUS FOODS 35809 10/13/93 MAUS FOODS 35809 10/13/03 MAUS FOODS 36810 10/13/03 14CDOWALL COMPANY Disbursement JOurnal DESCRIPTION AMOUNT ci 35 MISC CITY HALL SUPPLIE 45.78 35 CLEANING SUP/LIBRARY 28.34 35 SMALL TOOLS/WATER DEPT 94.75 35 EQUIP REPAIR PARTS/WAT 26.17 35 ICE MELT/SNOW & ICE 490.35 7 7'7.92 4Ci- 38 FIRE DEPT EQUIPMENT R 101.54 41 COPY MACHINE MTC/LIBRA 50.40 753 WATER SOFT14ER RENTAL C 22.,05 50 SHOP A GARAGE SUPPLIE 143.24 57 FIRE DEPT SUB RENEWAL 23.50 50 SEWER EQUIP REPAIR PA 146.57 , 69 PROF SERVICES/WATER 0 265.50 78 CORRECT COOING 4.90Ch 78 SUPPLIES/WATER DEPT 40.16 78 YEN REP PARTS/STREETS 20.08 55.33 *c1 81 LIBRARY CLEANING CONT 227.50 514 SHOP & GARAGE SUPPLIES 42.73 95 OIL/FIRE DEPT 18.22 697 PROF SERVICES/ANIMAL 85.21 688 ASSESSING CONTRACT 1.702.08 107 GRASS/WATER DEPT 46.00 107 GRASS/PARKS DEPT 389.08 435.99 VC 108 CITY HALL SUPPLIES 38.32 108 SHOP & GARAGE SUPPLIES 9.38 108 LIBRARY SUPPLIES 25.22' 108 LIBRARY CLEANING SUP 22.38 108 ANIMAL CONTROL SUPPLIE 18.38 113.66 )c 111 FURNACE FILTERS/C HAL 157.07 BRC FINANCIAL SYSTEM 10/13/93 12:23:Si WARRANT DATE V£NOOR GENERAL CHECKING 35811 10/13/93 MN OF -PART OF REVENUE 35812 10/13/93 MN NAHRO 35613 10/13/93 MONTICELLO ANIMAL CO 35814 10/13/93 MONTICELLO HOUSING A 35815 10/13/93 MONTICELLO OFFICE PR 35815 10/13/03 MONTICELLO OFFICE PR 35815 10/13/93 MONTICELLO OFFICE PR 35816 10/13/93 MONTICELLO TIMES 35818 10/13/93 MONTICELLO TIMES 35816 10/13/93 MONTICELLO TIMES 35818 10/13/93 MONTICELLO TIMES 35816 10/13/93 MONTICELLO TIMES 35817 10/13/93 MOON MOTOR SALES. IN 35818 10/13/93 NATIONAL BUSHING PAR 35818 10/13/93 NATIONAL BUSHING PAR 35818 10/13/83 NATIONAL BUSHING PAR 35819 10/13/03 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/03 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35819 10/13/93 NORTHERN STATES POWE 35619 10/13/93 NORTHERN STATES POWE 35819 10/13/03 NORTHERN STATES POWE 35620 10/13/93 OLSON A SONS ELECTRI 35820 10/13/93 OLSON A SONS ELECTRI 35820 10/13/83 OLSON A SONS ELECTRI 35820 10/13/83 OLSON A SONS ELECTRI 35820 10/13/03 OLSON A SONS ELECTRI C 35821 10/13/93 ORR-SCHELEN-MAYERON 35821 10-413/93 ORR-SCHELEN-MAYERON 35821 10/13/03 09R-SCHELEN-MAYERON Disbursement Journal DESCRIPTION AMOUNT Ci. 119 3R0 OTR WATER CONN 1.986.40 $81 REG FEE/OLLIE K 75.00 185 ANIMAL CONTROL CONT 1.100.00 4.18 PARK SUPPLIES 34.38 136 PARK SUPPLIES 6,.10 136 WATER OFFICE SUPPLIES 22.16 136 CITY HALL OFFICE SUP 416.34 444.60 140 8LO PERMIT INFO 67.20 140 RECYCLING INFORMATION 537.60 140 PUBLIC HEARING NOTICE 146.72 140 STANDARD IRON PUB MEA 230.58 140 H WINDOW CO PUB HEARIN 31.44 1.013.52 142 VEM REPAIR PARTS/PARKS 70.09 144 VEH REPAIR PARTS/SEWE 154.47 144 VEH REPAIP, PARTS/STREE 44.41 144 EQUIP REPAIR PARTS/STRT 9.04 207.92 148 UTILITIES 2.888.52 148 UTILITIES 294.77 148 UTILITIES 4.570.28 148 UTILITIES 98.26 148 UTILITIES 641.55 148 UTILITIES 14.65 148 UTILITIES 407.44 148 UTILITIES 209.92 148 UTILITIES 715.80 148 UTILITIES 841.26 148 STREET LIGHTS/SANDY L 434.83 11.117.17 180 SHOP A GARAGE EQUIP PAR 7.01 100 BLD REPAIR SUP/SHOP-GA 10.74 180 REPAIR GENERATOR/FIRE 74.40 160 MISC BLO REPAIRS/C HA 225.04 160 STREET SUPPLIES 14.67 332.00 162 ENGINEERING FEES/MI 7.582.15 182 MEAD OAKS STM SW Ef4 1.247.06 192 CARO HILLS III ENG FE 881.33 RC1 +C; *Ct *C 0 BRC FINANCIAL SYSTEM 10/13/93 12023:51 WARRANT DATE VENDOR GENERAL CHECKING 35821 10/13/93 ORR-SCHELEN-MAYERON 35821 10/13/93 ORR-SCHELEN-MAYERON 35821 10/13/93 ORR-SCHELEN-MAYERON 35822 10/13/93 PETERSEN"S MONT FORD 35823 1.0/13/93 PLUMBERY-PURCELL'S P 35824 10/13/93 PREUSSE'S CLEANING S 35824 10/13/93 PREUSSE'S CLEANING S 35825 10/13/93 SAFETY-KLEEN CORP. 35828 10/13/93 SCHARBER 8 SONS. INC. 35827 10/13/93 WRIGHT COUNTY AUOITO 35827 10/13/93 WRIGHT COUNTY AUOITO 38827 10/13/93 WRIGHT COUNTY AUOIT.O 35828 10/13/93 Y.M.C.A. OF MINNEAPO GENERAL CHECKING Disbursement Journal DESCRIPTION AMOUNT C 182 BRIAR OAKES ENG FEE 1..825.00 182 MISC SERVICES/NAWCO 1'13.08 182 HART BLVD STORM SW 1.824.78 13.253.38 lsC: 185 FIRE DEPT VEHICLE MTC 29.95 251 MISC WATER SUPPLIES 23.47 173 FIRE HALL CLEANING CON 50.00' 173 CITY HALL CLEANING CO 400.00 450.00 wc� 184 MTC AGRMENT SHOP A GA 128.SS 229 VEH REPAIR PARTS/PARK 313.17 210 SHERIFFS CONTRACT 21.703.00 219 A00'L LANDFILL CHG 12.581.04 219 VALUATION LISTING 12.00 34.388.04 �r 224 OCT YMCA CONTRACT PYM 825.00 TOTAL 99.197.17 Lo L BRC FINANCIAL SYSTEM 09/30/93 08,:22:10 0isbursement Journal cWARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR FUND 17102 09/28/93 COAST TO COAST 800004 CHECK VOIDED 39.94CR 17112.09/28/93 IDEAL ADVERTISING 8001'28 CHECK VOIDED 329.0008 17131 09/28/93 ZEE MEOICAL SERVICE 800054 CHE:K VOIDED 49.56CP, 117144 09/29/93 QUALITY WINE & SPIRI 800040 LIQUOR PURCHASE 2.109.59 17144 09/28/93 QUALITY WINE & SPIRI 800040 WINE PURMCASE 652.39 17144 09/28/93 QUALITY WINE & SPIRI 800040 MIXES FOR RESALE 121.70 17144 09/28/93 QUALITY WINE & SPIRI 800040 BEER PURCHASE 17.50 2.891.18 1,7145 09/28/93 JOHNSON BROS WHOLESA 800022 LIQUOR PURCHASE 282.50 1.7'146 09/28/93 GRIGGS, COOPER & COM 800018 LIQUOR PURCHASE 5.06808 17147 09/28/93 EAGLE WINE CO?!PANV 800012 WINE PURCHASE 871.24 17147 00/29/93 EAGLE WINE COMPANY 800012 MIXES FOR RESALE 176.40 847.64 , 17149 09/28/93 FLOYD'S SECURITY 800137 2 DROP SAFES 883.84 17149 09/26/93 JORNSON BROS WHOLESA 800022 LIQUOR PURCHASE 917.84 17150 09/28/93 QUALITY WINE & SPIRI 800040 LIQUOR PURCHASE 3.188.52 17151 09/28/93 PHILLIPS & SONS CO/E 800097 LIQUOR PURCHASE 1.459.87 1,7151 00/28/93 PHILLIPS & SONS CO/E 800037 WINE PURCHASE 270.15 1.730.02 17152 00/28/03 KITTRIOGE CLEANING 800158 CARPET CLEANING 310.50 17153 09/28/93 PHILLIPS & SONS CO/E 800037 MISC ITEMS FOR RESALE 148.18 11153 09/28/03 PHILLIPS & SONS CO/E 800031 LIQUOR PI:RCHASE 4.087.49 17153 09/28/93 PHILLIPS & SONS CO/E 800037 WINE PURCHASE 40.00 4.261.85 17154 09/28/93 PETTY CASH 800189 PETTY CASH 100.00 LIQUOR FUND TOTAL 20.971.33 Lo L BRC FINANCIAL SYSTEM 10/04/93 15:57:40 Oisbursement Journrl WARRANT 'DATE VENDOR OESCRIPT-ION AMOUNT LIQUOR FUND 17155 10/05/93 BERNICK'S PEPSI COLA 800001 POP PURCHASE 237.00 17,156 10/05/03 OAHLHEIMER OISTRIBUT 800009 BEER PURCHASE 13.034.95 1?156 10/05/93 OAH_LHEIMER OISTRIBUT 800009 NON ALCOHOLIC BEER 75.00 13.109.95 171157 10/05/93 DAVMOR HAMCO 800085 RECEIPT TAPES '& MISC S 76.54 17158 10'/05/93 DAY DISTRIBUTING COM 80000 BEER PURCHASE 73340 17158 10/05/93 DAY DISTRISUTING COM 800010 LEMONS/LIME FOR RESALE 6.50 739.50 17159 10/05/93 DICK WHOLESALE CO.. 800011 BEER PURCHASE 2.731.50 17159 10/05/93 DICK WHOLESALE CO.. 800011 LIQUOR STORE SUPPLIES 37.31 2.7.69.31 17160 1'0/OS/03 FLESCH'S PAPER SERVI 800116 BAGS. ETC. 104.00 17160 10%05/93 FLESCM'S PAPER SERVI 800116 LIOUOR STORE SUPPLIES 17.20 121.26 17161 10/05/93 G & K SERVICE 8001,29 RUG MATS/MTC OF SLO 22.79 17182 10/05/93 GRIaGS,. COOPER & COM 800018 LIQUOR PURCHASE 6.108.11 17183 10/05/93 GROSSL &IN BEVERAGE I 800019 BEER PURCHASE 9.112.00 17184 10/05/93 IDEAL ADVERTISING 800128 CLOTHING/VESTS 87.43 17185 10/05/93 JOHNSON BROS WHOLESA 800022 LIQUOR PURCHASE 729.09 17165 1.0/05/93 JOHNSON BROS'WHOLESA 800022 WINE PURCHASE 837.81 1.1566.90 ' 17166 10/05/93 JUDE CANDY & TOBACCO 800021 CICS & CIGARS 208.17 17180 10/05/93 JUDE CANDY & T084CCO 800021 LIQUOR STORE SUPPLIES 3.00 211.77 17167 10/05'/93•MAUS FOODS 800027 SUPPLIES 29.91 17188 10/08/03 MINNEGASCO 800180 UTILITIES 54.22 17188 10/05/93 mONTICELLO O:FICE OR 800031 OFFICE SUPPLIES 23.95 17170 10/05/93 14ONTICELLO TIMES 800032 ADVERTISING 105.45 1717-1 10/05/93 NORTHERN STATES POWE 800035 UTILITIES 1.073.99 17172 10/05/03 PAUS.TIS & SONS 800103 WINE PURCHASE 64..0I� BRC FINANCIAL SYSTEM 10/04/93 15:57:40 Oi90ursement Journal WARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR FUND 17173 10/05/93 QUALITY WINE & SPIRI 800043 LIQUOR PURCHASE 1.985•.88 17173 10/05/03 QUALITY WINE & SPIRI 800040 MISC MIXES FOR RESALE 52.38 17173 10/05/93 QUALITY WINE & SPIRI 800040 WINE PURCHASE 199.34 2.237.39 17174 10/05/93 RON'$ ICE COMPANY 800041 ICE FOR RESALE 377.52 17175 10/05/03 ST. CLOUD RESTAURANT 800045 JUICE FOR RESALE 15.55 17175 10/05/99 ST. CLOUD RESTAURANT 800045 MISC ITEMS FOR RESALE 89.85 17175 10/05/93 ST. CLOUD RESTAURANT 800045 LIQUOR STORE SUPPLIES 18.32 123.72 11178 10/05/93 THORPE DISTRIBUTING 800048 BEER PURCHASE 10.309.80 17178 10/05/93 THORPE DISTRIBUTING 800048 NON ALCOHOLIC BEER PU 183.90 19.472.70 17 17 7 10/05/93 VIKING COCA-COLA sOT 800051 POP PURCHASE 451.70 11178 10/OS/03 WRIGHT WAY SHOPPER 800108 ADVERTISING 120.00 q LIQUOR FUND TOTAL 58.398.10 BRC FINANCIAL SYSTEM 1013/93 12:23:04 Disbursement Journal —)C�. WARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR FUND 17179 10/42/93 LIEFERT TRUCKING 800025 FREIGHT CHARGES 636.94 17180 10/12/93 BRIDGEWATER TELEPHON 800002 TELEPHONE CHARGES 106.06 17181 10/12/93 PHILLIPS 8 SONS CO/E 800037 LIQUOR PURCHASE 97.02 1718'1 1.0/12/93 PHILLIPS & SONS CO/E 800037 WINE PURCHASE 2.143.00 2.240.92 *Cr 17182 10/12/93 QUALITY' WINE & SPIRI 800040 MISC ITEMS FOR RESALE 41.1.2 171'82 10/12/93 QUALITY WINE & SPIRI 800040 LIQUOR PURCHASE 1.445.39 1.486.51 *Ci - 17183 10/12/93 OLSON.& SONS ELECTRI 800036 LIGHTS/MTC OF BLD 45.00 1.7184 10/12/93 GRIGGS. COOPER & COM 800018 WINE PURCHASE 806.75 17184 10/12/93 GRIGGS, COOPER 8 COM 800018 MISC ITEMS FOR RESALE 9.92 11184 10/12/03 GRIGGS. COOPER A COM 800018 LIQUOR PURCHASE 1.740:90 2.557.4.7 s!:! 17185 10/13/93 CEDAR MAP COMPANY 800084 ADVERTISING 143.00 ADVERTISING 32.00 17188 10/13/93 GTE DIRECTORIES SERV 800126 .� 17197 10/13/93 MN CROWN OISTRIBUTIN.800145 WINE PURCHASE 488.82 17188 10/13/83 MN DEPARTMENT OF REV 600008 SALES TAX SEPTEMSE 10.538.56 17189 10/13/93 U 9 WEST COMMUNICATI 800093 ADVERTISING 24.80 LIQUOR FUND TOTAL 18.297.88 INFORMATIONAL ITEM October 20. 1993 Baseball Association Lighting Payment. (R.W.) The Monticello Baseball Association has recently paid to the city the second of ten installments of $1000 each as their commitment towards the ballfield lighting that was installed at the NSP Complex. Baseball Association representatives wanted the City Council to be aware that they have made their 2nd installment of a 10 year commitment. INFORMATIONAL ITEM October 20, 1883 Rieht-of-wav Fencine Policv. (R.W.) Enclosed you will find a copy of the proposed right-of-way fencing policy that has been developed as the result of Mr. Jim Eisele's recent request to fence in part of Fin undeveloped street right of way. A copy of the proposed policy has been forwarded to our City Attorney, Mr. Paul Weingarden, for his review and comments. A copy of the policy has also been given to Mr. Eisele for his review as he would be the first individual directly affected by this new policy. Upon receiving the comments from the City Attorney, a final draft proposal will be placed on the next council agenda, November 8, for council approval. CITY OF MONTICELLO UNDEVELOPED RIGHT-OF-WAY FENCING POLICY The City of Monticello will allow an abutting property owner of an unimproved street right-of-way to construct a fence within the right-of-way based on the following conditions: 1. An adjacent property owner may be allowed to construct a fence around the entire unimproved right-of-way provided written permission is obtained from the other abutting property owner. Without written permission of the other abutting property owner, only (1/2) of the right-of-way will he allowed to be fenced. 2. Fence construction shall be a low -maintenance chain link type only with a top rail. The fence construction should not be a hazard to the general public and not contain any sharp posts or barb wire. 3. The property owner shall maintain a homeowners liability insurance coverage on the property being fenced and name the City of Monticello as an additional insured. 4. The property owner shall hold the City harmless from any damage suffered by any person arising out of the property owners use or control of the fenced premises and shall defend the City against any claims arising from property owner's use of the property. 5. Maintenance and repairs to the fence, including damage caused by others, shall be the property owner's responsibility. After providing a ten (10) day notice, the City reserves the right to repair or remove any fence not being maintained or repaired by the property owner. Any costs incurred by the City shall be assessed to the property owner. 6. City retains the right to have the fence removed by the property owner without compensation at any time. Failure by the property owner to remove the fence after 10 days' written notice shall allow the City the right to remove and assess all costs of removal to the property owner. 7. A property owner may be required to relocate or remove the fence if more than (1/2) of the unimproved right-of-way had been fenced with permission of an abutting property owner, but a new property owner now requests use of (1/2) of the right-of-way. UNI)EVROW.110L: 10/21/93 8. Upon reasonable notice, the property owner shall provide city personnel access to the right of way that has been fenced. 9. The property owner will not be allowed to use the property for storage of any item or be allowed to place any permanent or temporary structure within the right of way, except for the fence. 10. The fenced -in right of way must he maintained as a green space area and any landscaping plantings placed within the right of way by the property owner are done at their own risk. The city will not compensate the property owner for any loss or damage should it be necessary for the city to remove or destroy any landscaping improvements. 11. The property owner requesting permission to fence Lite right of way must agree to all of the above conditions outlined by entering into a formal written agreement with the city. UNUEVROW.POL: 10/21193 INFORMATIONAL ITEM October 20, 1993 Update on Gille vrouerty clean-up. (H.W.) As I noted at the previous Council meeting, the City has not ,vet taken title to the Gille property and, as such, has not been able to start the clean-up process. The reason for the delay has been on the advice of the City Attorney and also based on a recommendation from the PCA that the City may want to consider doing any tank removal clean-up without being the actual owner of the property to avoid any potential liability if a large contamination problem existed. The two options available to the City were to 1) wait for the Department of Revenue to issue a deed in the City's name and then proceed with the clean-up as an owner, or 2) wait for the PCA to send a clean-up notice to Mr. Gille, which would then qualify the City t.o step in and remove the fuel tanks as a volunteer. Under either scenerio, the City would then he technically eligible for reimbursement for some of the clean-up cost through the l'etrofund. After the last meeting, I again discussed the City's situation with Ms. Ann Cohen of the Attorney General's Office, who confirmed my concerns that the City was not technically an owner of the property until the Department of Revenue actually issues a deed. This process would take 2.4 weeks to complete, which would he too late for us to clean up the property yet this fall. To act under a volunteer, the PCA would still have Ut issue a clean-up order to Mr. Gille and allow him time to respond before we could step in and clean up the tanks. Even under this alternative, it did not seem likely that we would he able to do a complete clean-up yet this fall due to the time delay in notifying Mr. Gille. 'file status at this point is that the PCA has issued an order to Mr. Gille, and we are now waiting for a response from him. It appears that this is the 6--st method to limit the City's liability, and it is our intention to proceed with the clean-up in early spring acting as a volunteer so that we don't become liable for a major problem should one exist. As soon as the tanks are removed, we would then proceed with obtaining a title from the Department of Revenue. While we will not know until we re -hid the demolition and tank removal, it could cost us more than the bids we presently had, hot we'll just have to wait and see. As I noted at the end of the last Council meeting, there is a private individual interested in purchasing the Gille property its is. Mr. Gordy Hoglund has expressed an interest in purchasing the property and would he willing to clean up the site and assume all risk associated with that clean-up. If the City is interested in pursuing this option. I would Ile willing to discuss the option with the County, as they are technically respmsible at this point in time. haven if the City was agreeable to allowing Mr. Hoglund to purchase the property, I'm not sure Informational Item October 20, 1993 Page 2 that the County Board would have the ability to sell the property directly to Mr. Hoglund without offering it through a public sale. The only reason they were able to do that for the City is that it's another political subdivision, but a private party, I believe, would have to purchase the property through a public auction. Naturally, the advantage to the City would be that we could avoid getting involved in the clean-up; and as long as we received reimbursement for our expenditures of approximately $10,000, and the County would sell it to a private individual only if they agreed to do the clean-up, it may be worthwhile investigating this option. If the Council would like me to pursue this option, please let me know, or otherwise I will assume that the City wishes to retain ownership of this property and proceed with the clean-up next spring.