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.