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City Council Agenda Packet 02-09-2015AGENDA REGULARMEETING–MONTICELLOCITYCOUNCIL Monday,February9,2015–7p.m. MississippiRoom,MonticelloCommunityCenter Mayor:BrianStumpf CouncilMembers:CharlotteGabler,LloydHilgart,TomPerrault,GlenPosusta 1.CalltoOrderandPledgeofAllegiance 2A.ApprovalofMinutes–January26,2015RegularMeeting 3.Considerationofaddingitemstotheagenda 4A.Citizencomments,publicserviceannouncements,andstaffupdates 1)CitizenComments: 2)PublicServiceAnnouncements: a)MCCWinterBlockParty(2/21) 3)StaffUpdates: a)SeniorCenter(PamLoidolt) b)XcelEnergyTransmissionLineupgrades 4B.CouncilLiaisonUpdates 1)BrianStumpf(IEDC,MCC,FAB,MOAA,MFRA,BCOL,TAC,Personnel) 2)CharlotteGabler(PC,FAB,Library,M-BLTransp,Personnel) 3)LloydHilgart(EDA,IEDC,TAC,TSAC) 4)TomPerrrault(EDA,PAC,MOAA,M-BLTransp,WWTF,Emerg,Safety) 5)GlenPosusta(Parks,BCOL,CommEd,TSAC) 5.ConsentAgenda: A.ConsiderationofapprovingpaymentofbillsforFebruary9th B.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments C.ConsiderationofadoptingResolution#2015-005acceptingacontributionfor 2015fromTomPerraulttogototheGeneralFundCS D.Considerationofadopting2014legalamendmentstotheCity’sPersonnelPolicy E.ConsiderationofappointingarepresentativefromtheMonticelloChamberof CommercetotheMonticelloIndustrialandEconomicDevelopmentCommission SPECIALMEETING 6p.m.–UpdateonSolarEnergyLegislation F.ConsiderationofappointingarepresentativetotheMonticelloPlanning Commissiontofillavacancyfortermtoexpireon12/31/2016 G.ConsiderationofadoptingOrdinanceNo.610approvingthe2015 Cityof MonticelloOfficialZoningMap H.Considerationofschedulingthe2015MonticelloLocalBoardofAppealand EqualizationmeetingonThursday,April9th at6p.m. I.ConsiderationofadoptingOrdinanceNo.611amendingtheMonticelloCity Code,Title3,Chapter16–RentalHousingLicensingwithchangesasapproved onJanuary26,2015,andadoptSummaryOrdinanceNo.611Aforpublication J.ConsiderationofrenewingmembershipintheI-94WestCorridorCoalitionfor 2015intheamountof$6,379.50 6.Considerationofitemsremovedfromtheconsentagendafordiscussion 7.RegularAgenda: A.PublicHearing–ConsiderationofadoptingResolution#2015-008orderingthe projectandauthorizingpreparationofplansandspecificationsforSchool BoulevardImprovements,CityProjectNo.14C003 B.PublicHearing–ConsiderationofadoptingResolution#2015-009orderingthe projectandauthorizingpreparationofplansandspecificationsforFallonAvenue and85th StreetImprovements,CityProjectNo.14C003 C.Considerationofapprovingacost-sharingplanforsanitarysewerrepairsat413 WestBroadway (PID155-010-049080) 8.Addeditems 9.Adjournment City Council Minutes – January 26, 2015 Page 1 MINUTES REGULAR MEETING – MONTICELLO CITY COUNCIL Monday, January 26, 2015 – 7 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault, Glen Posusta Absent: None 1. Call to Order and Pledge of Allegiance Mayor Stumpf called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2. Approval of Minutes – January 12, 2015 Regular Meeting CHARLOTTE GABLER MOVED TO ACCEPT THE JANUARY 12, 2015 REGULAR MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. 3. Consideration of adding items to the agenda  Council meeting updates (Brian Stumpf) 4A. Citizen comments, public service announcements, and updates 1) Citizen Comments: None 2) Public Service Announcements: a) Winter Block Party and Snow Sculpture Contest (2/21) – Rachel Leonard announced the 2nd Annual Winter Block Party on February 21st at the community center. There will be a snow sculpture and snowman contest from 9 a.m. to 1 p.m. Family fun events will run from noon to 2 p.m. The event is sponsored by Friends of Bertram. Persons can register at MCC for the contests. b) City Tree Sales (ends 2/27) – Rachel Leonard announced spring tree sales are underway for city residents. Six trees typed are available for order with limit of three trees per household at a cost of $35 each. Orders are due to city hall by February 27th and trees will be available for pick up toward the end of April. 3) Updates: a) Wayne Oberg introduced the managers of the Liquor Store and DMV, Randall Johnsen and Carolyn Granger respectively. Wayne Oberg described these operations as very positive for the city as both generate revenue from their operations. City Council Minutes – January 26, 2015 Page 2 Department of Motor Vehicles (DMV) - Wayne Oberg reviewed the mission statement of the DMV. For 2014 the DMV realized a net profit of $196,170. They handled 67,462 transactions for the year, with the majority of those being related to motor vehicles. The annual revenue totaled $497,798 with expenses totaling $301,628. Carolyn Granger talked to Council about some of the changes that she has made to increase revenue and transactions. She has increased advertising in various ways, the DMV has participated in some community events to increase awareness of the local office, she has called and sent letters to area car dealers to offer their services, and she has made changes in the office to improve operational efficiencies. Carolyn Granger mentioned a survey that they conducted last year, which generated positive comments as to the office staff and treatment of customers. The Monticello DMV office received high ratings overall. b) Liquor Store – Wayne Oberg introduced the mission statement for Hi Way Liquors. Oberg reviewed the sales by category over the last five years resulting in increases in all categories. Wayne Oberg pointed out that beer sales capture about 50% of the sales. He discussed sales, cost of sales, gross profit, and gross margin, which has remained around 25% over the years. The net change in revenues and cost of sales/expenditures steadily increased from 2010 to 2013 with a slight drop in 2014. Randall Johnsen commented on the slight decrease in 2014 and indicated that should not be of a concern as it was likely due to the construction on I-94. Since the construction ended, sales have rebounded. Randall Johnsen noted that the 25% gross margin in liquor sales is very good for this industry. Randall Johnsen talked about several ways that he promoted Hi Way Liquors to keep customers coming back, including two wine sales and ongoing targeted sales during the construction season. Randall Johnsen talked about how the store profits benefit the community and how he provides unique promotions to create connections to the community. Examples: a fundraiser with the Vikings Children’s Fund, annual food drive for the Monticello Foodshelf, and winter coat drive sponsored by some beer distributors. Glen Posusta commented on the value of the local liquor store and the amount of money that it brings into the community. Brian Stumpf noted that the liquor store offers fair pricing and good inventory. c) Block 34 – Angela Schumann provided an update on Block 34 as related to the intersection improvements at CSAH 75 and Hwy 25. Angela Schumann summarized the ongoing work by consultants and WSB in preparing Block 34 for demolition and redevelopment, including potential for tax increment financing. The EDA has been kept informed of the progress and was presented with a proposal for demolition of the former Montgomery Farms City Council Minutes – January 26, 2015 Page 3 building at 100 East Broadway on the northwest corner of Block 34. The EDA will be involved in some further actions as this plan progresses. Brian Stumpf asked why only the one building is being demolished at this time. Angela Schumann explained that this preserves flexibility for establishment of future redevelopment as a tax increment district. 4B. Council Liaison Updates 1) Brian Stumpf (IEDC, MCC, FAB, MOAA, MFRA, BCOL, TAC, Personnel) Updated on MCC (down 4% usage in 2014, romp & stomp room improvements, software upgrade in future); TAC (Fallon Avenue overpass); Personnel (city hall space needs) 2) Charlotte Gabler (PC, FAB, Library, M-BL Transp, Personnel) FAB (role of board members & staff, goals, property/utility easement area); PC (interim sign ordinance, solar power land use) 3) Lloyd Hilgart (EDA, IEDC, TAC, TSAC) EDA (TIF districts/financing) 4) Tom Perrrault (EDA, PAC, MOAA, M-BL Transp, WWTF, Emerg, Safety) EDA (welcomed 2 new commissioners); PAC (discussed hours for law enforcement); MOAA and M-BL Transp (upcoming meetings) 5) Glen Posusta (Parks, BCOL, Comm Ed, TSAC) BCOL (next land purchases, biosolids farm) 5. Consent Agenda: A. Consideration of approving payment of bills for January 26th. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC and Liquor Store. C. Consideration of adopting Resolution #2015-003 approving a contribution from All Elements to sponsor the 2015 Blazin’ Thru Bertram/Phillip LaVallee Memorial Run. Recommendation: Adopt Resolution #2015-003 approving a contribution of $250 from All Elements for sponsorship of the 2015 Blazin’ Thru Bertram/Phillip LaVallee Memorial Run. D. Consideration of adopting Ordinance No. 608 amending the Monticello City Code, Title 1, Section 6 – Personnel. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. E. Consideration of adopting Ordinance No. 607 amending the Monticello City Code, Title 2, Chapter 1 – Planning Commission, and adopt Summary Ordinance No. 607A for publication. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. City Council Minutes – January 26, 2015 Page 4 F. Consideration of approving the 2015 Wright County Annual Highway Maintenance agreement. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of approving amendments to Monticello City Code, Title 3, Chapter 16 – Rental Housing Licensing. Recommendation: Approve the proposed amendments to Monticello City Code, Title 3, Chapter 16 – Rental Housing Licensing for sections 6 and 7 and direct staff to prepare an ordinance amendment for Council approval and publication. H. Consideration of approving Amendment No. 3 to the Recreation Agreement between the school district, the hockey association and the City of Monticello. Recommendation: Approve Amendment No. 3 to Article VI, Section 2(b) of the Recreation Agreement between the school district, the hockey association, and the City of Monticello as proposed. I. Consideration of authorizing staff to execute a contract with Golden West Technologies, Inc. to provide after-hours Tech Support for FiberNet. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. J. Consideration of adopting Interim Ordinance No. 609 regulating temporary signage and adopt Summary Ordinance No. 609A for publication. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by Swan River Montessori School PTO. Recommendation: Approve the application for a charitable gambling permit for a raffle to be conducted by Swan River Montessori PTO on March 21, 2015 at the community center. LLOYD HILGART MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, D, E, F, I, AND J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. 6. Consideration of items removed from the consent agenda for discussion 5A. Consideration of approving payment of bills for January 26th Lloyd Hilgart asked about credit card purchases and how that works at the end of the year. Wayne Oberg talked about the modified accrual basis for accounting at the end of the year, which would require adjustments if they were actually for 2014 expenses. Lloyd Hilgart asked about varying prices in gas purchases; it was mentioned that some purchases may be for a different gas type such as premium or diesel. Brian Stumpf noted that some of the fire vehicles require premium gas. City Council Minutes – January 26, 2015 Page 5 TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILL AND PURCHASE CARD REGISTERS FOR A TOTAL AMOUNT OF $682,361.77. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. 5D. Consideration of adopting Ordinance No. 608 amending the Monticello City Code, Title 1, Section 6 – Personnel Tom Perrault asked for an explanation on the personnel ordinance change. Jeff O’Neill discussed the change in job title for the deputy clerk to city clerk and noted that in the position held by Cathy Shuman, she is actually carrying out the responsibilities of a city clerk. Tracy Ergen and Jeff O’Neill added comments about the change in title to reflect separation of City Administrator and City Clerk duties. LLOYD HILGART MOVED TO ADOPT ORDINANCE NO. 608 AMENDING MONTICELLO CITY CODE, TITLE 1, CHAPTER 6 – PERSONNEL AS PROPOSED. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5-0. 5E. Consideration of adopting Ordinance No. 607 amending the Monticello City Code, Title 2, Chapter 1 – Planning Commission, and adopt Summary Ordinance No. 607A for publication Tom Perrault asked about the wording of section 2-1-8 that allows either the Chair or three members of the Planning Commission to call for a special meeting. He recommended that it be changed to two members so that a quorum cannot call a meeting themselves. Angela Schumann offered to check on that to see if which would be the preferable wording. LLOYD HILGART MOVED TO ADOPT ORDINANCE NO. 607 AMENDING MONTICELLO CITY CODE, TITLE 2, CHAPTER 1 – PLANNING COMMISSION, AS PROPOSED (WITH APPROPRIATE LANGUAGE FOR CALLING A MEETING) AND ADOPT SUMMARY ORDINANCE NO. 607A FOR PUBLICATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. [Note: The language in the ordinance was changed to allow the chair or two members to call for a planning commission meeting.] 5F. Consideration of approving the 2015 Wright County Annual Highway Maintenance agreement Tom Perrault asked Tom Moores about the wording in the agreement relating to average cost per mile for specified years. The years were listed as 2012, 2014, and 2015 and should be listed as 2012, 2013, and 2014. This will be noted when the contract is returned to Wright County. TOM PERRAULT MOVED TO APPROVE THE 2015 MAINTENANCE AGREEMENT WITH WRIGHT COUNTY AS PROPOSED WITH COMPENSATION City Council Minutes – January 26, 2015 Page 6 AT $19,641.90. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5-0. 5I. Consideration of authorizing staff to execute a contract with Golden West Technologies, Inc. to provide after-hours Tech Support for FiberNet Several council members pulled this item for an explanation of the request. Jeff O’Neill discussed the proposal from Golden West and what they would provide for FiberNet. The company handles call services for a number of small entities for after hours support and comes highly recommended from Dan Olsen of Windomnet. This contract would replace some of the after-hours tech support by FiberNet staff. Glen Posusta expressed his concern about entering into a contract without knowing how it will work out for the city. He would recommend trying it out for six months rather than a year. Jeff O’Neill felt this was a good idea and noted that there is a 90-day notice requirement to cancel the contract. Charlotte Gabler also concurred with a 6-month trial contract. GLEN POSUSTA MOVED TO AUTHORIZE A CONTRACT WITH GOLDEN WEST TECHNOLOGIES, INC. TO PROVIDE AFTER-HOURS CALL CENTER SUPPORT FOR A 6-MONTH TRIAL PERIOD. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. Tom Perrault asked if there were any projections of costs for the city. Rachel Leonard explained the current support system at FiberNet for after-hours, which requires someone to be available whether or not there are incoming calls. With Golden West, the charges would be on a per call basis. Tom Perrault asked what would happen if there was a significant event. Rachel Leonard explained that FiberNet staff could be called on to handle that. Glen Posusta asked staff to confirm how the city would be charged if there were a large quantity of calls on a problem. Lloyd Hilgart asked how this would affect staffing levels at FiberNet. Rachel Leonard reviewed the plans for adjusting staff hours to cover higher volume times. 5J. Consideration of adopting Interim Ordinance No. 609 regulating temporary signage and adopt Summary Ordinance No. 609A for publication Glen Posusta questioned the proposed interim temporary sign ordinance and stated he would prefer to keep the current interim ordinance as is. Angela Schumann explained that an interim ordinance cannot be extended. This proposal asks Council to adopt another interim temporary sign ordinance in order to give the Planning Commission time to review the temporary sign ordinance. GLEN POSUSTA MOVED TO ADOPT INTERIM ORDINANCE NO. 609 REGULATING TEMPORARY SIGNAGE, WHICH WOULD EXPIRE JANUARY 26, 2016, AND TO ADOPT SUMMARY ORDINANCE NO. 609A FOR PUBLICATION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. City Council Minutes – January 26, 2015 Page 7 Other Glen Posusta asked for clarification on Item 5G regarding the wording in Section C – Right to Refuse Entry. He wanted to know what would happen if a tenant or owner would refuse entrance for a rental inspection. Ron Hackenmueller explained that a rental unit must be inspected in order to be licensed. If entry was refused for the licensing inspection, they would not receive a rental license. 7. Regular Agenda: A. Consideration of adopting Resolution #2015-004 denying the January 12th, 2015 appeal of the administrative decision as related to application of Monticello Zoning Ordinance, Chapter 4, Section 2 – Tree Protection Angela Schumann explained that this is basically a housekeeping item to follow up on the action taken by Council on January 12th. By adopting this resolution, Council affirms their decision to deny the appeal related to the Tree Protection ordinance. Glen Posusta questioned when the ordinance was adopted and whether this ordinance could prohibit development in a commercial area. Angela Schumann explained that the zoning ordinance was adopted in 2010 and the tree protection ordinance actually has some exceptions. It is mainly focused on residential properties and exempts commercial and industrial properties. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2015-004 DENYING THE APPEAL OF THE ADMINISTRATIVE DECISION AS RELATED TO APPLICATION OF MONTICELLO ZONING ORDINANCE, CHAPTER 4, SECTION 2 – TREE PROTECTION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5-0. B. Consideration of adopting Resolution #2015-006 accepting the feasibility report and calling for a public hearing for School Boulevard Improvements, City Project No. 14C003 Shibani Bisson provided a presentation about the feasibility report and proposed project for School Boulevard Improvements. Shibani Bisson reviewed the location of the proposed improvements, existing conditions of the road, and proposed project. Shibani Bisson explained that this would consist of a mill and overlay between Edmonson and Fallon. Glen Posusta questioned why they are proposing milling the top two inches and why not complete and edge mill. Shibani Bisson explained that milling two inches allows for the overlay to be placed on solid pavement by taking off the top lift. The project would include tree plantings and improvements to some adjacent pathways. Glen Posusta asked if there might be impacts to the existing trees when installing a root control City Council Minutes – January 26, 2015 Page 8 barrier. Shibani Bisson explained the process and stated that they would address this during design. The estimated total project cost is $634,500 with funding through assessments to the school district, city/state aid funds, and pathway improvement budgeted funds. Shibani Bisson pointed out that meetings were held with the school district to discuss the assessments. The school district may also want to make some driveway access improvements in conjunction with this project and that would also be assessed to them. Wayne Oberg explained that Council adopted a reimbursement resolution to bond for the costs up front. Shibani Bisson mentioned that other properties along the project route are not going to be assessed because they do not have direct access to School Boulevard. Shibani Bisson asked Council to call for a public hearing on February 9th to consider ordering the project and authorizing preparation of plans and specs. Tom Perrault asked about the sidewalk along the school and why that was not included in the project. Shibani Bisson explained that portion of the trail system was overlaid within the last ten years and is in good condition. The Parks Department would take care of any crack filling that is needed. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2015-006 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON FEBRUARY 9, 2015 FOR SCHOOL BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 14C003. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. C. Consideration of adopting Resolution #2015-007 accepting the feasibility report and calling for a public hearing for Fallon Avenue and 85th Street Improvements, City Project No. 14C003 Shibani Bisson provided a presentation on the Fallon Avenue and 85th Street improvements. Shibani Bisson noted that these streets were turned over to the City when annexation occurred and the City is required to maintain these line roads. Shibani Bisson reviewed the history of the roads and noted the pavement conditions in various sections of the roads. Shibani Bisson explained that MnDOT will be doing work on a portion of 85th Street as part of the Hwy 25 improvements at that intersection. The city is proposing to reclaim and overlay a portion of 85th Street adjacent to the Hwy 25 project and to overlay a portion of Fallon Avenue and 85th Street bordering Hunters Crossing. Glen Posusta asked if the City was going to do anything about the low corner at 85th Street and Fallon Avenue. Shibani Bisson said that would be looked at when they are working on the design for the project. Shibani Bisson discussed the plans for the extension of the Fallon Avenue trail to Hunters Crossing. The pathway would be constructed adjacent to the roadway edge with no boulevard in the area of the wetland. City Council Minutes – January 26, 2015 Page 9 The total projected cost estimate is $280,000, with funding from the Capital Project fund and Closed Bond fund. Shibani Bisson pointed out that a future bond sale would be used to reimburse the Street Reconstruction for the project costs. This project would be bid in conjunction with the School Boulevard Improvement project. Shibani Bisson explained that some of the adjoining properties on this project are located in the township. They will be notified of the public hearing but will not be assessed as part of the project. If any of the parcels would be annexed, there is the potential of assessing the developer when the land is developed. Tom Perrault asked if any of this project would be eligible for using the Texas underseal. Shibani Bisson explained this is a new technology and may be more effective for the School Boulevard project. She noted that eventually Fallon Avenue and 85th Street would be reconstructed to an urban section. Brian Stumpf commented on an issue with standing water at the intersection of Fallon Drive at Fallon Avenue. He suggested that should be looked at. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2015-007 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON FEBRUARY 9, 2015 FOR THE FALLON AVENUE PATHWAY EXTENSION AND FALLON AVENUE AND 85TH STREET IMPROVEMENTS, CITY PROJECT NO. 14C003. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. D. Consideration of appointing Daryl Gilles as Monticello Fire Chief as recommended by Fire Department personnel and appointing him as a representative to the Fire Relief Board of Trustees Tracy Ergen presented this item noting that the Fire Department held their annual meeting on January 19th and elected Daryl Gilles as the Fire Chief for a two year term. The Council is asked to formally appoint Daryl Gilles to this position. Chief Gilles spoke briefly about his past experience of 14 years and answered questions. TOM PERRAULT MOVED FOR ALTERNATIVE #1 TO APPOINT DARYL GILLES AS MONTICELLO FIRE CHIEF FOR A TWO-YEAR TERM AND APPOINT HIM AS A REPRESENTATIVE TO THE FIRE RELIEF BOARD OF TRUSTEES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5-0. E. Consideration of approving membership in the MN Public Broadband Alliance and authorizing a 2015 budget of $7800 City Council Minutes – January 26, 2015 Page 10 Jeff O’Neill explained that this group was formed out of the Blandin Foundation grant that was authorized by Council and four other agencies last year. The Alliance focuses on sharing resources to maximize their use of broadband technology. The organization would like to be established formally with bylaws and a budget of about $39,000 for 2015. Each of the five member agencies would be asked to contribute $7,800 toward the budget. It is proposed to fund this out of the 2015 FiberNet budget. Lloyd Hilgart asked how much the city is currently saving on broadband. Jeff O’Neill explained some of the investments that the city has made, which have decreased our costs and improved our broadband performance. Lloyd Hilgart would like to see a more concrete definition of costs and benefits that can be derived by membership in an alliance like this. Rachel Leonard explained some of the advantages that have been gained by joining forces with other organizations such as Windomnet. Tom Perrault had a question on the definitions of membership addressed in the proposed bylaws, which Brian Stumpf explained. TOM PERRAULT MOVED FOR ALTERNATIVE #1 TO APPROVE MEMBERSHIP IN THE MINNESOTA PUBLIC BROADBAND ALLIANCE AND AUTHORIZE A BUDGET SHARE OF $7,800 FOR THE COST OF MEMBERSHIP IN 2015. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. 8. Added items  Updates for upcoming meetings – Brian Stumpf asked for updates from Animal Control and the Monticello Senior Center to be scheduled for February 9th, if possible. 9. Adjournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 9:22 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. Recorder: Catherine M. Shuman ___ Approved: Attest: _______________________ City Administrator CityCouncilAgenda:02/09/15 1 5A.ConsiderationofapprovingpaymentofbillregistersforFebruary9th (WO) A.REFERENCEANDBACKGROUND: Citystaffsubmitstheattachedbillregistersandpurchasingcardregistersforapprovalby Council.Thebillregisterscontainallinvoicesprocessedandthepurchasingcard registerscontainallcardpurchasesmadesincethelastCouncilmeeting.SubjecttoMN Statutes,mostinvoicesrequireCouncilapprovalpriortoreleasingchecksforpayment. ThedayfollowingCouncilapproval,paymentswillbereleasedunlessdirected otherwise.AcreditpurchasingagreementandpolicywasapprovedbyCouncilinitially andcardpurchasesmustcomplywiththepolicy. IfCouncilhasnoquestionsorcommentsonthebillandpurchasecardregisters,thesecan beapprovedwiththeconsentagenda.Ifrequested,thisitemcanberemovedfrom consentanddiscussedpriortomakingamotionforapproval. A1.BudgetImpact:None A2.StaffWorkloadImpact:Noadditionalworkrequired B.ALTERNATIVEACTIONS: 1.Motiontoapprovethebillandpurchasecardregistersforatotalamountof $325,822.75. 2.MotiontoapprovetheregisterswithchangesdirectedbyCouncil. C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1or#2,perdirectionofCouncil. D.SUPPORTINGDATA: Billregisters PurchaseCardregisters User: Printed:02/04/2015 - 2:25PM Julie.Cheney Computer Check Proof List by Vendor Accounts Payable Batch:00203.02.2015 - 00203.02.2015 Invoice No Description Amount Payment Date Acct Number Reference Vendor:2925 1ST LINE/LEEWES VENTURES LLC Check Sequence: 1 ACH Enabled: False 114554 Resale - syrups 375.75 02/10/2015 226-45127-425410 375.75Check Total: Vendor:1977 ANCOM COMMUNICATIONS INC Check Sequence: 2 ACH Enabled: False 50764 (3) NiMh FM Battery ;(3) XTSBelt Clip 304.40 02/10/2015 101-42200-421990 304.40Check Total: Vendor:1038 APPERTS FOOD SERVICE Check Sequence: 3 ACH Enabled: False 0024819PU Credit for cookies not ordered -35.92 02/10/2015 226-45127-425410 501230661 Freight 5.00 02/10/2015 226-45122-433300 501230661 Pizzas for parties (2 cases) 204.66 02/10/2015 226-45127-421460 501230661 Resale - cheese cups, hot dogs, cookies, muffins, pizzas, pretze 425.53 02/10/2015 226-45127-425410 599.27Check Total: Vendor:3491 ARTISAN BEER COMPANY Check Sequence: 4 ACH Enabled: False 3013577 resale - beer 96.00 02/10/2015 609-49750-425200 96.00Check Total: Vendor:1065 BELLBOY CORPORATION Check Sequence: 5 ACH Enabled: True 46671200 freight 10.34 02/10/2015 609-49750-433300 46671200 resale - liquor 247.89 02/10/2015 609-49750-425100 46671200 resale - wine 139.22 02/10/2015 609-49750-425300 46771200 freight 14.40 02/10/2015 609-49750-433300 46771200 resale - wine 56.00 02/10/2015 609-49750-425300 46771200 resale - liquor 619.00 02/10/2015 609-49750-425100 46786400 resale - liquor 337.00 02/10/2015 609-49750-425100 46786400 freight 7.20 02/10/2015 609-49750-433300 91492800 (8) 500 asst. bags 167.19 02/10/2015 609-49754-421990 91492800 freight 0.77 02/10/2015 609-49750-433300 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 1 Invoice No Description Amount Payment Date Acct Number Reference 1,599.01Check Total: Vendor:1067 BERNICK'S Check Sequence: 6 ACH Enabled: False 41145 resale - juice 65.50 02/10/2015 609-49750-425500 41145 resale - soda pop 155.70 02/10/2015 609-49750-425400 41146 resale - beer 1,570.40 02/10/2015 609-49750-425200 41773 Party Room - water 12.80 02/10/2015 226-45127-421460 41773 Resale 586.00 02/10/2015 226-45127-425410 45594 resale - muscle milk 60.00 02/10/2015 226-45127-425410 45595 resale - pop, water, gatorade 220.00 02/10/2015 226-45127-425410 2,670.40Check Total: Vendor:1659 BLI LIGHTING SPECIALISTS Check Sequence: 7 ACH Enabled: False 00583936 (24) clear; (100) ea. Green; Red;Blue; (25) high Lumenation 1,072.45 02/10/2015 101-43120-421530 00584270 (100) Yellow Transparent 130.59 02/10/2015 101-43120-421530 1,203.04Check Total: Vendor:4032 BEVERLY & ROBERT BOLDUC Check Sequence: 8 ACH Enabled: False 02032015 763-295-6287 FNM acct Refund 9.48 02/10/2015 656-00000-115025 9.48Check Total: Vendor:2535 BORDER STATES ELECTRIC SUPPLY Check Sequence: 9 ACH Enabled: True 908756173 (1000) ft. EXTT- 51-241-28 4PR/24CMP-CAT5E-BL-PP 162.45 02/10/2015 656-49877-421800 162.45Check Total: Vendor:1080 BRAEMAR MAILING SERVICE INC Check Sequence: 10 ACH Enabled: False 38627 UB Qtr 4 2014 (3908) DMV Insert 39.08 02/10/2015 217-41990-434990 38627 UB Qtr 4 2014 (3908) MCC Insert 49.08 02/10/2015 226-45122-431950 38627 UB Qtr 4 2014 (3908) Parks Insert- Print, fold, insert 319.08 02/10/2015 101-45201-434990 38627 UB Qtr 4 2014 Envelopes (3908) eacg #10; #9 (1/2) 263.79 02/10/2015 601-49440-431800 38627 UB Qtr 4 2014 Envelopes (3908) eacg #10; #9 (1/2) 263.79 02/10/2015 602-49490-431800 38627 UB Qtr 4 2014 print statements; fold; insert; etc (1/2) 396.29 02/10/2015 602-49490-431800 38627 UB Qtr 4 2014 print statements; fold; insert; etc (1/2) 396.28 02/10/2015 601-49440-431800 1,727.39Check Total: Vendor:3632 BRIAN BRAMLEY Check Sequence: 11 ACH Enabled: True 3305 Materials & Shipping - Kit: SNSR Replacement- Solaris; Gas Monit 305.13 02/10/2015 101-42200-421990 3305 Labor - Kit: SNSR Replacement- Solaris; Gas Monit 47.50 02/10/2015 101-42200-421990 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 2 Invoice No Description Amount Payment Date Acct Number Reference 352.63Check Total: Vendor:1095 CARLOS CREEK WINERY INC Check Sequence: 12 ACH Enabled: False 10934 resale - wine 552.00 02/10/2015 609-49750-425300 552.00Check Total: Vendor:1102 CENTERPOINT ENERGY Check Sequence: 13 ACH Enabled: False 5804618-6 5804618-6 12.90 12/31/2014 101-45201-438300 5863599-6 5863599-6 158.24 12/31/2014 101-42700-438300 171.14Check Total: Vendor:1106 CENTRAL MCGOWAN INC Check Sequence: 14 ACH Enabled: False 00035688 Monthly tank rental 45.00 02/10/2015 226-45122-441500 00840055 Bulk Carbon Dioxide (450 lbs) 116.00 02/10/2015 226-45122-421600 00842802 Bulk Carbon Dioxide (310 lbs) 88.00 02/10/2015 226-45122-421600 249.00Check Total: Vendor:1746 CUSTOM FIRE APPARATUS INC Check Sequence: 15 ACH Enabled: True 15749-02 Freightliner 3000 final invoice 15,280.10 12/31/2014 703-00000-165010 15,280.10Check Total: Vendor:1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 16 ACH Enabled: True 103443 resale - misc tax 107.50 02/10/2015 609-49750-425400 103443 resale - beer 16,176.15 02/10/2015 609-49750-425200 103662 resale - beer credit -70.40 02/10/2015 609-49750-425200 103663 resale - beer 32.00 02/10/2015 609-49750-425200 103694 resale - beer 705.15 02/10/2015 609-49750-425200 103694 resale - n/a beer 33.50 02/10/2015 609-49750-425400 103839 resale - n/a beer 16.80 02/10/2015 609-49750-425400 103839 resale - beer 23,438.68 02/10/2015 609-49750-425200 103948 resale - beer credit 150.00 02/10/2015 609-49750-425200 104095 resale - beer credit -136.60 02/10/2015 609-49750-425200 104109 resale - beer 440.30 02/10/2015 609-49750-425200 104382 resale - beer 375.00 02/10/2015 609-49750-425200 104397 resale - misc tax 126.00 02/10/2015 609-49750-425400 1128112-2 resale - beer credit inv#1128112 pd 1/13 & 1/27/15 -26,039.36 02/10/2015 609-49750-425200 1128112-2 resale -mix credit inv#1128112 pd 1/13 & 1/27/15 -131.00 02/10/2015 609-49750-425400 99924-2 resale - beer credit inv # 99924 pd 10/31 & 11/3/2014 -1,012.40 12/31/2014 609-49750-425200 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 3 Invoice No Description Amount Payment Date Acct Number Reference 14,211.32Check Total: Vendor:1134 DAY DISTRIBUTING COMPANY Check Sequence: 17 ACH Enabled: True 787882 resale - beer 262.80 02/10/2015 609-49750-425200 262.80Check Total: Vendor:1153 ECM PUBLISHERS INC Check Sequence: 18 ACH Enabled: True 180625 BIDS for Broadway demo Ad #339489 230.75 02/10/2015 213-46301-435100 182199 Health & Wellness Ad# 337314 230.00 02/10/2015 226-45122-434990 460.75Check Total: Vendor:1680 EPIC PRODUCTS INC Check Sequence: 19 ACH Enabled: False 0466788 resale - misc tax 84.00 02/10/2015 609-49750-425400 0466788 freight 20.74 02/10/2015 609-49750-433300 0466953 resale - misc tax 407.56 02/10/2015 609-49750-425400 0466953 freight 38.53 02/10/2015 609-49750-433300 550.83Check Total: Vendor:2561 FERGUSON WATERWORKS #2516 Check Sequence: 20 ACH Enabled: False 0124461 resale- (50) 5/8 x 3/4 T10 meters; (100) connectors 6,151.11 02/10/2015 601-49440-422710 6,151.11Check Total: Vendor:2273 FIBERNET MONTICELLO - ACH Check Sequence: 21 ACH Enabled: True 1/1/2015 City Hall Phone Jan 2015 810.77 02/10/2015 702-00000-432100 1/1/2015 City Hall Internet Jan 2015 99.95 02/10/2015 702-00000-432300 1/1/2015 City Hall Cable Jan 2015 12.95 02/10/2015 101-41310-431990 1/1/2015 City Hall Data Hosting Jan 2015 500.00 02/10/2015 702-00000-431900 1/1/2015 City Hall Service Contract Jan 2015 250.00 02/10/2015 702-00000-431900 1/1/2015 MCC Phone Jan 2015 678.31 02/10/2015 702-00000-432100 1/1/2015 MCC Internet Jan 2015 10.00 02/10/2015 702-00000-432300 1/1/2015 MCC Cable Jan 2015 261.65 02/10/2015 226-45122-432500 1/1/2015 DMV Phone Jan 2015 261.10 02/10/2015 702-00000-432100 1/1/2015 DMV Internet Jan 2015 41.95 02/10/2015 702-00000-432300 1/1/2015 Hi Way Liquors Phone Jan 2015 278.65 02/10/2015 702-00000-432100 1/1/2015 Hi Way Liquors Internet Jan 2015 41.95 02/10/2015 702-00000-432300 1/1/2015 Fire Hall Phone Jan 2015 223.09 02/10/2015 702-00000-432100 1/1/2015 Fire Hall Internet Jan 2015 41.95 02/10/2015 702-00000-432300 1/1/2015 Animal Shelter Internet Jan 2015 29.95 02/10/2015 702-00000-432300 1/1/2015 Public Works Phone Jan 2015 344.98 02/10/2015 702-00000-432100 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 4 Invoice No Description Amount Payment Date Acct Number Reference 1/1/2015 Public Works Internet Jan 2015 69.95 02/10/2015 702-00000-432300 1/1/2015 Parks Phone Jan 2015 113.30 02/10/2015 702-00000-432100 1/1/2015 Prairie Center Phone Jan 2015 20.52 02/10/2015 702-00000-432100 1/1/2015 Sheriff Phone Jan 2015 68.56 02/10/2015 702-00000-432100 1/1/2015 Sheriff Internet Jan 2015 41.95 02/10/2015 702-00000-432300 4,201.53Check Total: Vendor:1634 FIRE EQUIPMENT SPECIALTIES INC Check Sequence: 22 ACH Enabled: True 8639 (17) Rescue Tech- Tubular Webbing 99.80 02/10/2015 101-42200-421120 99.80Check Total: Vendor:4031 TRENT GIFFORD Check Sequence: 23 ACH Enabled: False 02032015 FNM-001-0098 acct Refund 10.63 02/10/2015 656-00000-115025 10.63Check Total: Vendor:1413 GOPHER STATE ONE CALL INC Check Sequence: 24 ACH Enabled: True 131298 January 2015 - (43) locates 1/2 FNM 31.18 02/10/2015 656-49877-432770 131298 January 2015 - (43) locates 1/2 Water 31.17 02/10/2015 601-49440-432770 62.35Check Total: Vendor:4026 DONNA GRAHAM Check Sequence: 25 ACH Enabled: False 02032015 763-295-2799 FNM acct Refund 23.82 02/10/2015 656-00000-115025 23.82Check Total: Vendor:3770 JASON HANKE Check Sequence: 26 ACH Enabled: True 386949 Fiber xconn-SMF xcon Jan 2015; 2hr Troubleshoot ISP drop Jan 20 475.00 02/10/2015 656-49870-431990 475.00Check Total: Vendor:4027 ERIC HEESEN Check Sequence: 27 ACH Enabled: False 02032015 763-314-0280 FNM acct Refund 22.74 02/10/2015 656-00000-115025 22.74Check Total: Vendor:1239 HOGLUND BUS COMPANY Check Sequence: 28 ACH Enabled: True 117852 Labor/Repair Order 08 Spartan- Fuel Inject; Core Inject;(2) gask 902.85 02/10/2015 101-42200-440500 117852 Materials- 08 Spartan- Fuel Inject; Core Inject;(2) gasket;etc 1,002.00 02/10/2015 101-42200-440500 1,904.85Check Total: AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor:1242 HOLIDAY CREDIT OFFICE Check Sequence: 29 ACH Enabled: True 01182015 Fire Dept Fuel 12/29/14-01/18/2015 460.64 02/10/2015 101-42200-421200 01182015 MCC Fuel 1/8/2015- 6.771 gallons Diesel @ $3.059 19.06 02/10/2015 226-45122-421200 479.70Check Total: Vendor:1244 HORIZON COMMERCIAL POOL SUPPLY Check Sequence: 30 ACH Enabled: False 150109018 Pool chemicals 1,175.10 02/10/2015 226-45122-421600 1,175.10Check Total: Vendor:4030 KAREN ILLIES Check Sequence: 31 ACH Enabled: False 02032015 FNM-001-0536 acct Refund 11.63 02/10/2015 656-00000-115025 11.63Check Total: Vendor:3356 INDIAN ISLAND WINERY Check Sequence: 32 ACH Enabled: False 2365 resale- wine 103.20 02/10/2015 609-49750-425300 103.20Check Total: Vendor:3971 INTL UNION OF OPER ENGINEERS LOCAL 49 FRINGE BENE Check Sequence: 33 ACH Enabled: False March 2015 March Health Insurance 51,600.00 02/10/2015 101-00000-217061 March 2015 March Health Insurance 13,780.00 02/10/2015 101-00000-217061 65,380.00Check Total: Vendor:1259 JJ TAYLOR DISTRIBUTING Check Sequence: 34 ACH Enabled: False 2324013 resale - beer 843.60 02/10/2015 609-49750-425200 2324013 freight 3.00 02/10/2015 609-49750-433300 846.60Check Total: Vendor:1263 JOHNSON BROS WHOLESALE LIQUOR Check Sequence: 35 ACH Enabled: False 5075306 freight 81.12 02/10/2015 609-49750-433300 5075306 resale - liquor 6,182.79 02/10/2015 609-49750-425100 5075307 resale - wine 1,015.79 02/10/2015 609-49750-425300 5075307 freight 21.60 02/10/2015 609-49750-433300 5077885 freight 5.76 02/10/2015 609-49750-433300 5077885 resale - liquor 557.00 02/10/2015 609-49750-425100 5077886 freight 33.12 02/10/2015 609-49750-433300 5077886 resale - wine 1,024.15 02/10/2015 609-49750-425300 5079019 freight 30.36 02/10/2015 609-49750-433300 5079019 resale - liquor 2,053.50 02/10/2015 609-49750-425100 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 6 Invoice No Description Amount Payment Date Acct Number Reference 5079020 freight 56.17 02/10/2015 609-49750-433300 5079020 resale - wine 1,553.73 02/10/2015 609-49750-425300 5079020 resale - misc tax 41.35 02/10/2015 609-49750-425400 5079021 resale - beer 41.98 02/10/2015 609-49750-425200 5080284 freight 15.36 02/10/2015 609-49750-433300 5080284 resale - liquor 1,366.46 02/10/2015 609-49750-425100 5080285 resale - wine 1,609.35 02/10/2015 609-49750-425300 5080285 resale - misc tax 39.95 02/10/2015 609-49750-425400 5080285 freight 34.08 02/10/2015 609-49750-433300 5082822 resale - beer 144.00 02/10/2015 609-49750-425200 5082823 resale - liquor 794.50 02/10/2015 609-49750-425100 5082823 freight 11.52 02/10/2015 609-49750-433300 5082824 freight 14.40 02/10/2015 609-49750-433300 5082824 resale - wine 443.50 02/10/2015 609-49750-425300 511117 resale - liquor credit -10.75 02/10/2015 609-49750-425100 512063 resale - liquor credit -24.90 02/10/2015 609-49750-425100 512064 resale - winecredit -8.67 02/10/2015 609-49750-425300 512065 resale - liquor credit -16.32 02/10/2015 609-49750-425100 512066 resale - liquor credit -10.00 02/10/2015 609-49750-425100 512067 resale - liquor credit -20.00 02/10/2015 609-49750-425100 512068 freight credit -1.44 02/10/2015 609-49750-433300 512068 resale - liquor credit -104.00 02/10/2015 609-49750-425100 512069 resale - wine credit -11.33 02/10/2015 609-49750-425300 16,964.13Check Total: Vendor:4025 EVELYN JONES Check Sequence: 36 ACH Enabled: False 02032015 763-295-5096 FNM acct Refund 25.76 02/10/2015 656-00000-115025 25.76Check Total: Vendor:1270 KENNEDY AND GRAVEN CHARTERED Check Sequence: 37 ACH Enabled: False MN190-00147 BLK034 TIF District 1,184.00 12/31/2014 213-46301-430400 1,184.00Check Total: Vendor:4033 EVELYN KESTER Check Sequence: 38 ACH Enabled: False 02032015 FNM-001-0099 acct Refund 5.89 02/10/2015 656-00000-115025 5.89Check Total: Vendor:1292 LEROY JOB TRUCKING INC Check Sequence: 39 ACH Enabled: True 010715 Animal Charge (8) 93.60 02/10/2015 101-42700-431990 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 7 Invoice No Description Amount Payment Date Acct Number Reference 93.60Check Total: Vendor:4034 LHB, INC Check Sequence: 40 ACH Enabled: False 140573.00-1 Block 34 TIF Analysis 9,598.80 12/31/2014 213-46301-430400 9,598.80Check Total: Vendor:3745 MANSFIELD OIL COMPANY Check Sequence: 41 ACH Enabled: True 201896 581 gallons diesel @ $1.626200 1,142.08 02/10/2015 101-43120-421200 201897 360 gallons @ $1.334700 Unleaded 660.57 02/10/2015 101-43120-421200 1,802.65Check Total: Vendor:1308 MARCO INC Check Sequence: 42 ACH Enabled: True 270304967 1/10-2/10/15 Contract 4,923.39 02/10/2015 702-00000-441500 4,923.39Check Total: Vendor:1317 MDRA Check Sequence: 43 ACH Enabled: False 2015 Membership 2015 MDRA Dues 414.00 02/10/2015 217-41990-443300 414.00Check Total: Vendor:1318 JONATHAN CALEB MELLBERG Check Sequence: 44 ACH Enabled: True 01/26/15 City Council Meeting Recording 1/26/15 82.50 02/10/2015 101-41110-431990 82.50Check Total: Vendor:1330 CITY OF MINNEAPOLIS Check Sequence: 45 ACH Enabled: True 400413005564 (107) Transactions - December 2014 96.30 12/31/2014 101-42100-431990 96.30Check Total: Vendor:2179 MINNESOTA 9-1-1 PROGRAM Check Sequence: 46 ACH Enabled: True 01312015 Jan 2015 911 Wright Co 791.21 02/10/2015 656-00000-208170 791.21Check Total: Vendor:1350 MN DNR WATERS ECO-WATER-RES Check Sequence: 47 ACH Enabled: False 2014 Fees Permit 1964-0152 Agricultural Crop Irrigation Wr. County 2014 140.00 02/10/2015 601-49440-443700 2014 Fees Permit 1964-1059 Water Use 2014 Municipal/Public Water Supply 4,089.87 02/10/2015 601-49440-443700 2014 Fees Permit 1964-1059- 2014 Summer Surcharge (June-Aug overages) 3,581.58 02/10/2015 601-49440-443700 7,811.45Check Total: AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 8 Invoice No Description Amount Payment Date Acct Number Reference Vendor:1359 MN RURAL WATER ASSOCIATION Check Sequence: 48 ACH Enabled: False Registration (3) MRWA Tech Conf- M. Theisen, M. Camarata, S. Weis - 3/3/15 675.00 02/10/2015 601-49440-433200 675.00Check Total: Vendor:1370 MONTICELLO DEPUTY REG #002 Check Sequence: 49 ACH Enabled: False 01/29/2015 Fire Truck Application for Title 22.75 02/10/2015 101-42200-443990 2/3/2015 Title Registration & Sales tax for Fell Trailer 3961CHT 220.58 02/10/2015 101-45201-443990 243.33Check Total: Vendor:2512 MONTICELLO PLBG HTG AC LLC Check Sequence: 50 ACH Enabled: False 15035 250 lbs @ .17- Softner Salt- Fire Dept 42.50 02/10/2015 101-42200-422990 42.50Check Total: Vendor:2518 NEOFUNDS BY NEOPOST Check Sequence: 51 ACH Enabled: False 1/1/2015 Acct #7900 0440 6327 5196 1,000.00 12/31/2014 101-00000-155010 1/1/2015 Credit for postage charged when setting up new meter -41.47 12/31/2014 101-41940-432200 1/1/2015 Postage for packages to Dept of Public Safety 92.03 12/31/2014 217-41990-432200 1,050.56Check Total: Vendor:1687 NORTHLAND SECURITIES INC Check Sequence: 52 ACH Enabled: False 3945 2014 Continuing Disclosre Report 166.67 12/31/2014 312-47000-431990 3945 2014 Continuing Disclosre Report 166.66 12/31/2014 313-47000-431990 3945 2014 Continuing Disclosre Report 166.66 12/31/2014 314-47000-431990 3945 2014 Continuing Disclosre Report 166.67 12/31/2014 315-47000-431990 3945 2014 Continuing Disclosre Report 166.67 12/31/2014 317-47000-431990 3945 2014 Continuing Disclosre Report 166.67 12/31/2014 318-47000-431990 3960 TIF 22 - Services related to tax increment district 1,920.00 12/31/2014 213-46522-431990 3961 Business Subsidy Reporting 320.00 12/31/2014 213-46301-431990 3,240.00Check Total: Vendor:4028 KRISTY OLSON Check Sequence: 53 ACH Enabled: False 02032015 FNM-001-0719 acct Refund 20.98 02/10/2015 656-00000-115025 20.98Check Total: Vendor:1411 OLSON & SONS ELECTRIC INC Check Sequence: 54 ACH Enabled: True 50420 1 hour Labor; Trblshoot 2 lights @ 25 & Broadway 88.00 12/31/2014 101-43160-431990 50421 1.5 hours Labor; Controll Box @ W Bridge Park 132.42 12/31/2014 101-43160-431990 50422 Materials- photo eye control button; knuckle; bucket truck 120.00 12/31/2014 101-43160-431990 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 9 Invoice No Description Amount Payment Date Acct Number Reference 50422 Labor- photo eye control button; knuckle; bucket truck 308.00 12/31/2014 101-43160-431990 50423 2 hours Labor; Receptacle on pole by Red's; (1) fuse 197.08 12/31/2014 101-43160-431990 50455 1 hour Labor; troubleshoot Hwy 25 lights not on 88.00 12/31/2014 101-43160-431990 50486 3 hour Labor; well pump motor- thrust bearing; shaft seal; koyo 1,478.59 12/31/2014 601-49440-440600 50487 3 hour Labor; GE Well pump- Thrust bearing; koyo bear.;plug; etc 1,425.12 12/31/2014 601-49440-440600 50525 17 hrs Labor; Scissors Lift Rental;(200) conduit; etc-shop 1,756.84 12/31/2014 101-43127-431990 5,594.05Check Total: Vendor:4036 OVIVO USA LLC Check Sequence: 55 ACH Enabled: True 8464918 12C003 - Sludge Mixer Rebuild 18,706.00 02/10/2015 602-00000-165010 18,706.00Check Total: Vendor:1419 PAN O GOLD CO ST CLOUD Check Sequence: 56 ACH Enabled: True 010004502307 Resale - buns (18 pkgs) 31.32 02/10/2015 226-45127-425410 31.32Check Total: Vendor:3744 PARAGON SOLUTIONS GROUP INC Check Sequence: 57 ACH Enabled: False 14416 (5) Aastra 6757i telephone 625.00 12/31/2014 655-49870-421820 625.00Check Total: Vendor:1273 PAUSTIS & SONS WINE CO Check Sequence: 58 ACH Enabled: False 8484953 resale - wine 719.69 02/10/2015 609-49750-425300 8484953 freight 8.75 02/10/2015 609-49750-433300 728.44Check Total: Vendor:1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 59 ACH Enabled: False 2730821 freight 15.84 02/10/2015 609-49750-433300 2730821 resale - liquor 968.79 02/10/2015 609-49750-425100 2730822 freight 20.40 02/10/2015 609-49750-433300 2730822 resale - wine 1,254.96 02/10/2015 609-49750-425300 2732583 freight 10.08 02/10/2015 609-49750-433300 2732583 resale - liquor 780.68 02/10/2015 609-49750-425100 2732584 freight 2.88 02/10/2015 609-49750-433300 2732584 resale - wine 91.00 02/10/2015 609-49750-425300 2733318 freight 51.37 02/10/2015 609-49750-433300 2733318 resale - liquor 4,473.07 02/10/2015 609-49750-425100 2733319 resale - liquor 768.00 02/10/2015 609-49750-425300 2733319 freight 34.57 02/10/2015 609-49750-433300 2734156 freight 29.52 02/10/2015 609-49750-433300 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 10 Invoice No Description Amount Payment Date Acct Number Reference 2734156 resale- liquor 2,989.80 02/10/2015 609-49750-425100 2734157 resale- liquor 2,180.85 02/10/2015 609-49750-425100 2734157 freight 36.00 02/10/2015 609-49750-433300 2734158 freight 33.84 02/10/2015 609-49750-433300 2734158 resale - wine 961.98 02/10/2015 609-49750-425300 2735869 resale - liquor 1,146.29 02/10/2015 609-49750-425100 2735869 freight 20.89 02/10/2015 609-49750-433300 15,870.81Check Total: Vendor:1852 POWER & TEL Check Sequence: 60 ACH Enabled: True 5721351 (2000) ft. cable; (25) adapters 316.54 02/10/2015 656-49877-421990 316.54Check Total: Vendor:1450 RAILROAD MANAGEMENT CO III LLC Check Sequence: 61 ACH Enabled: False 314925 License #301483 3/9/15-3/8/16 Rent 18" StormWater Pipeline Cross 160.78 02/10/2015 263-49200-431990 314926 License #301484 3/9/15-3/8/16 Rent 12" StormWater Pipeline Cross 160.78 02/10/2015 263-49200-431990 321.56Check Total: Vendor:3686 RANDYS SANITATION INC Check Sequence: 62 ACH Enabled: True 1-209488-3 Feb 2015 Shredding FNM 16.09 02/10/2015 656-49870-431990 1-209489-1 Feb 2015 Shredding DMV 16.09 02/10/2015 217-41990-431990 1-209490-9 Feb 2015 Shredding City Hall 16.09 02/10/2015 101-41940-431990 48.27Check Total: Vendor:4022 REINHART FOODSERVICE LLC Check Sequence: 63 ACH Enabled: False 736351 Freight 7.99 02/10/2015 226-45122-433300 736351 cheese pizzas for parties 51.00 02/10/2015 226-45127-421460 736351 Resale - 488.97 02/10/2015 226-45127-425410 738406 Resale - salads, yogurt parfaits 44.55 02/10/2015 226-45127-425410 739670 Resale - Brats, string cheese, cottage cheese 71.75 02/10/2015 226-45127-425410 664.26Check Total: Vendor:1774 JASON ROUBINEK Check Sequence: 64 ACH Enabled: False 01212015 reimburse for Dominos- house fire 1/13/15 93.67 02/10/2015 101-42200-421990 93.67Check Total: Vendor:1474 PATRICIA A SALZWEDEL Check Sequence: 65 ACH Enabled: True 1/29/2015 Semi Monthly Contract Payment 1,593.75 02/10/2015 101-42700-431200 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 11 Invoice No Description Amount Payment Date Acct Number Reference 1,593.75Check Total: Vendor:4024 RACHEL SCHNEIDER Check Sequence: 66 ACH Enabled: False 02032015 763-295-8124 FNM acct Refund 98.36 02/10/2015 656-00000-115025 98.36Check Total: Vendor:2401 GARY AND TERRY SHERWOOD Check Sequence: 67 ACH Enabled: False 02032015 FNM-001-0391 acct Refund 31.09 02/10/2015 656-00000-115025 31.09Check Total: Vendor:1490 CYNTHIA R SIMPSON Check Sequence: 68 ACH Enabled: False 894126 Jan 2015 cleaning Fire Dept 100.00 02/10/2015 101-42200-431990 100.00Check Total: Vendor:3309 SOUTHERN WINE & SPIRITS OF MINNESOTA Check Sequence: 69 ACH Enabled: False 1247441 freight 1.35 02/10/2015 609-49750-433300 1247441 resale - liquor 58.60 02/10/2015 609-49750-425100 1247442 freight 8.10 02/10/2015 609-49750-433300 1247442 resale - wine 324.00 02/10/2015 609-49750-425300 1247443 freight 22.95 02/10/2015 609-49750-433300 1247443 resale - wine 1,378.00 02/10/2015 609-49750-425300 1249741 freight 5.40 02/10/2015 609-49750-433300 1249741 resale - liquor 631.66 02/10/2015 609-49750-425100 2,430.06Check Total: Vendor:1497 SPECTRUM SUPPLY COMPANY Check Sequence: 70 ACH Enabled: True 247943 (6) kitchen towel; (2) Detergent; (10) Mirror clean;(10)Anti fog 219.99 12/31/2014 101-45201-421650 219.99Check Total: Vendor:2564 SPORTS PRO LLC Check Sequence: 71 ACH Enabled: True 283 Parts for treadmill repair 1,325.94 02/10/2015 226-45122-440800 283 Labor for treadmill repair 360.00 02/10/2015 226-45122-440800 289 Parts for treadmill & ellyptical repair 894.40 02/10/2015 226-45122-440800 289 Labor for treadmill & ellyptical repair 280.00 02/10/2015 226-45122-440800 2,860.34Check Total: Vendor:1505 STATE OF MN-DEPT PUBLIC SAFETY Check Sequence: 72 ACH Enabled: False 8610900332014 EPCRA Program - storage year 2014- Facility # 13318 100.00 12/31/2014 601-49440-443700 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 12 Invoice No Description Amount Payment Date Acct Number Reference 8610900342014 EPCRA Program - storage year 2014- Facility # 13319 100.00 12/31/2014 601-49440-443700 8610900352014 EPCRA Program - storage year 2014- Facility # 13320 100.00 12/31/2014 601-49440-443700 8610900362014 EPCRA Program - storage year 2014- Facility # 13321 100.00 12/31/2014 601-49440-443700 400.00Check Total: Vendor:3829 STEVE'O'SEPTIC Check Sequence: 73 ACH Enabled: True Jan 2015 (6) Porta Toilet Rentals - Jan 2015 388.50 02/10/2015 101-45201-431990 388.50Check Total: Vendor:4023 DOUGLAS STREU Check Sequence: 74 ACH Enabled: False 02032015 FNM-001-0657 acct Refund 40.74 02/10/2015 656-00000-115025 40.74Check Total: Vendor:1516 TASC Check Sequence: 75 ACH Enabled: False IN475135 3/1/2015-3/31/2015 Admin Fees 70.72 02/10/2015 101-49240-413500 70.72Check Total: Vendor:1519 THEIN WELL CO Check Sequence: 76 ACH Enabled: False 5027 Booster Pump #4- contract award 4,683.76 02/10/2015 601-49440-440600 5028 Deep Well #3 - contract award 15,075.00 02/10/2015 601-49440-440600 19,758.76Check Total: Vendor:4035 THEISEN FLOORING INC Check Sequence: 77 ACH Enabled: False 01302015 carpet install Public Works 150.00 02/10/2015 601-49440-422300 150.00Check Total: Vendor:1522 THORPE DISTRIBUTING COMPANY Check Sequence: 78 ACH Enabled: True 00756343 resale - beer credit -119.90 02/10/2015 609-49750-425200 872284 resale - beer 68.30 02/10/2015 609-49750-425200 872285 resale - beer 49.20 02/10/2015 609-49750-425200 872286 resale - beer 20,614.00 02/10/2015 609-49750-425200 872322 resale - beer 112.00 02/10/2015 609-49750-425200 873572 resale - wine 25.10 02/10/2015 609-49750-425300 873573 resale - n/a beer 48.05 02/10/2015 609-49750-425400 873574 resale - beer 7,557.45 02/10/2015 609-49750-425200 28,354.20Check Total: Vendor:1527 TOTAL REGISTER SYSTEMS INC Check Sequence: 79 ACH Enabled: False AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 13 Invoice No Description Amount Payment Date Acct Number Reference 52721 Total Care V6 Annual; TRS- Dial Card Annual Maint. 1,107.37 02/10/2015 609-49754-431900 1,107.37Check Total: Vendor:1544 US POSTAL SERVICE Check Sequence: 80 ACH Enabled: False 1/20/2015 PI 42 - UB Qtr 4 2014 (3,908 pcs) (1/2) 898.84 02/10/2015 601-49440-432200 1/20/2015 PI 42 - UB Qtr 4 2014 (3,908 pcs) (1/2) 898.84 02/10/2015 602-49490-432200 1,797.68Check Total: Vendor:1544 US POSTAL SERVICE Check Sequence: 81 ACH Enabled: False Permit #42 Permit #42 First Class Presort Annual Fee (1/2) 110.00 02/10/2015 601-49440-443700 Permit #42 Permit #42 First Class Presort Annual Fee (1/2) 110.00 02/10/2015 602-49490-443700 220.00Check Total: Vendor:4029 DAN & SHARON VAILLANCOURT Check Sequence: 82 ACH Enabled: False 02032015 FNM-001-1047 acct Refund 18.30 02/10/2015 656-00000-115025 18.30Check Total: Vendor:1552 VIKING COCA COLA BOTTLING CO Check Sequence: 83 ACH Enabled: True 1515096 resale - soda pop 264.50 02/10/2015 609-49750-425400 1520282 resale - soda pop & mix 257.50 02/10/2015 609-49750-425400 522.00Check Total: Vendor:1684 VINOCOPIA Check Sequence: 84 ACH Enabled: True 0116540 freight 16.50 02/10/2015 609-49750-433300 0116540 resale - wine 872.00 02/10/2015 609-49750-425300 0116540 resale - liquor 120.00 02/10/2015 609-49750-425100 0117021 resale - wine 328.00 02/10/2015 609-49750-425300 0117021 resale - liquor 466.00 02/10/2015 609-49750-425100 0117021 freight 19.50 02/10/2015 609-49750-433300 1,822.00Check Total: Vendor:2533 WELLS FARGO BANK NA Check Sequence: 85 ACH Enabled: False 9448809 Quarterly HSA fee 10/1/14-12/31/14 523.75 12/31/2014 101-49240-413500 523.75Check Total: Vendor:1567 WES OLSON ELECTRIC LLC Check Sequence: 86 ACH Enabled: False 6985 Inspection- office remodel; repair emergency lights; wiring for 45.00 02/10/2015 601-49440-422300 6985 Material- office remodel; repair emergency lights; wiring for s 169.69 02/10/2015 601-49440-422300 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 14 Invoice No Description Amount Payment Date Acct Number Reference 6985 Labor- office remodel; repair emergency lights; wiring for s 357.50 02/10/2015 601-49440-422300 6994 utx - Labor- (9) hours - Inst. DC lines New Rack System 450.00 02/10/2015 656-49870-440100 6994 Materials Inst. DC lines New Rack System 748.50 02/10/2015 656-49870-440100 6996 Labor- (3) hours Office Remodel-Repair- Emerg Lights; Wiring Sou 150.00 02/10/2015 601-49440-422300 6996 Materials- Office Remodel-Repair- Emerg Lights; Wiring Sound Bar 248.96 02/10/2015 601-49440-422300 6997 Material- Library replace ballasts in fixtures 52.92 02/10/2015 101-45501-422990 6997 Laborl- Library replace ballasts in fixtures 65.00 02/10/2015 101-45501-422990 7005 Material- scissor lift rental 65.00 02/10/2015 226-45122-422990 7005 Labor - Repair stairway light to fitness area 97.50 02/10/2015 226-45122-422990 7007 Material- 207 Walnut- Low voltage wiring 117.50 02/10/2015 656-49877-431990 7007 Labor - 207 Walnut- Low voltage wiring 432.50 02/10/2015 656-49877-431990 7020 Material- (10) Exit combo kits, LED 608.00 02/10/2015 101-43127-431990 7020 Labor - (10) Exit combo kits, LED 300.00 02/10/2015 101-43127-431990 3,908.07Check Total: Vendor:2651 WILSON DEVELOPMENT SERVICES LLC Check Sequence: 87 ACH Enabled: True 23206 BLK034 - Acquistion & relocation consult svcs Dahlke propert 976.67 12/31/2014 213-46301-431990 976.67Check Total: Vendor:1572 THE WINE COMPANY Check Sequence: 88 ACH Enabled: True 383736 resale - wine 1,080.00 02/10/2015 609-49750-425300 383736 freight 24.74 02/10/2015 609-49750-433300 1,104.74Check Total: Vendor:1573 WINE MERCHANTS INC Check Sequence: 89 ACH Enabled: False 701346 resale- wine credit -12.42 02/10/2015 609-49750-425300 7015108 freight 12.24 02/10/2015 609-49750-433300 7015108 resale - wine 685.73 02/10/2015 609-49750-425300 7016290 freight 11.52 02/10/2015 609-49750-433300 7016290 resale - wine 995.25 02/10/2015 609-49750-425300 1,692.32Check Total: Vendor:1209 WIRTZ BEVERAGE MINNESOTA WINE & SPIRITS Check Sequence: 90 ACH Enabled: False 1080279889 resale - liquor 5,315.37 02/10/2015 609-49750-425100 1080279889 resale - wine 138.00 02/10/2015 609-49750-425300 1080279889 freight 74.92 02/10/2015 609-49750-433300 1080282904 resale - liquor 6,576.37 02/10/2015 609-49750-425100 1080282904 resale - wine 240.00 02/10/2015 609-49750-425300 1080282904 freight 90.90 02/10/2015 609-49750-433300 2080072353 resale - liquor credit -92.51 02/10/2015 609-49750-425100 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 15 Invoice No Description Amount Payment Date Acct Number Reference 2080072361 resale - liquor credit -112.01 02/10/2015 609-49750-425100 12,231.04Check Total: Vendor:2219 WORLD FISHING NETWORK LTD Check Sequence: 91 ACH Enabled: True 123114 World Fishing -Dec 2014 27.36 12/31/2014 655-49860-430920 27.36Check Total: Vendor:1579 WRIGHT COUNTY HIGHWAY DEPARTMENT Check Sequence: 92 ACH Enabled: False 7443 (360.50) ton Salt & 10% Service Fee 29,523.15 02/10/2015 101-43125-421700 29,523.15Check Total: Total for Check Run: Total of Number of Checks: 325,822.75 92 AP-Computer Check Proof List by Vendor (02/04/2015 - 2:25 PM)Page 16 The preceding list of bills payables was reviewed and approved for payment. Date: 2/9/15 Approved by:________________________________________ Mayor Brian Stumpf CityCouncilAgenda:2/9/15 1 5B.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments (TE) A.REFERENCEANDBACKGROUND: TheCouncilisaskedtoratifythehiringanddeparturesofemployeesthathaveoccurred recentlyinthedepartmentslisted.ItisrecommendedthattheCouncilofficiallyratifythe hiring/departureofalllistedemployeesincludingpart-timeandseasonalworkers. A1.BudgetImpact:(positionsaregenerallyincludedinbudget) A2.StaffWorkLoadImpact:Ifnewpositions,theremaybesometraining involved.Ifterminatedpositions,existingstaffwouldpickupthosehours,as needed,untilreplaced. B.ALTERNATIVEACTIONS: 1.Motiontoratifythehire/departuresoftheemployeesasidentifiedontheattached list. 2.Motiontodenytherecommendedhiresanddepartures. C.RECOMMENDATION: BystatutetheCityCouncilhastheauthoritytoapproveallhires/departures.Citystaff recommendsAlternative#1,fortheCounciltoapprovethehiresand/ordeparturesas listed. D.SUPPORTINGDATA: Listofnew/terminatedemployees Name Title Department Hire Date Class Nicholas Dressler Life Guard MCC 1/31/15 PT Brieanna Anderson Slide Attendant MCC 1/31/15 PT Name Reason Department Last Day Class Connor Bird Involuntary MCC 1/18/15 PT Trevor Nodland Involuntary MCC 1/18/15 PT Robyn Ferrian Voluntary MCC 1/31/15 PT NEW EMPLOYEES TERMINATING EMPLOYEES New Hire and Terms City Council 2015: 2/3/2015 City Council Agenda: 02/09/15 1 5C. Consideration of adopting Resolution #2015-005 accepting a contribution for 2015 from Tom Perrault to go to the General Fund (CS) A. REFERENCE AND BACKGROUND: Tom Perrault intends to contribute a total of $3,000 for the year 2015 to go into the General Fund. This is a turnback from the compensation he receives as a member of council. The City expresses their thanks for the donation. As required by state statute, if the City accepts the donation of funds, the City Council needs to adopt a resolution specifying the amount of the donation and its use. A1. Budget Impact: None A2. Staff Workload Impact: Staff accounts for and reconciles donations contributed through the City. B. ALTERNATIVE ACTIONS: 1. Approve the contributions and authorize use of funds as specified. 2. Do not approve the contributions and return the funds to the donors. C. STAFF RECOMMENDATION: Staff recommendation is to adopt the resolution accepting the contributions. D. SUPPORTING DATA: Resolution #2015-005 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-005 APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Tom Perrault Cash $3000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city’s jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Tom Perrault City of Monticello General Fund donation ADOPTED BY the City Council of Monticello this 9th day of February, 2015. CITY OF MONTICELLO ______________________________ ATTEST: Brian Stumpf, Mayor ______________________________________ Jeff O’Neill, City Administrator CityCouncilAgenda:2/09/15 1 5D.Considerationofadopting2014legalamendmentstotheCity’sPersonnelPolicy (TE) A.REFERENCEANDBACKGROUND: Councilisaskedtoconsideradoptingtheattached2014legalamendmentstotheCity’s PersonnelPolicy.In2014theWomen’sEconomicSecurityAct(WESA)andother legislationwaspassedrequiringanumberofamendmentsand/orchangestoourcurrent personnelpolicies.Whilethepolicieshavebeenfollowedsincetheirpassing,itis importanttoalsoadoptthemaspartoftheCity’sofficialpersonnelpoliciestoensurethe City’spoliciesarelegallycompliantwithstateandfederallaw.Movingforwardstaff willbebringingforwardanylegallyrequiredupdatesforapprovalonanannualbasis. A1.BudgetImpact:Thereisnoimpacttothebudget. A2.StaffWorkloadImpact:Minimumrelatingtoincorporatingtheupdatesintothe PersonnelPoliciesandProceduresManualanddistributingthechangestostaff. B.ALTERNATIVEACTIONS: 1.Motiontoadopt2014legalamendmentstotheCity’sPersonnelPolicy. 2.MotiontodenyadoptionoflegalamendmentstotheCity’sPersonnelPolicy. C.STAFFRECOMMENDATION: CitystaffandthePersonnelCommitteerecommendAlternative#1. D.SUPPORTINGDATA: Copyof2014PersonnelPolicyUpdates Personnel Policy Updates Women’s Economic Security Act and Other Legally Required Updates Add to page 19- Sick Leave Add “mother-in-law,” “father-in-law,” and “grandchild” to the list of relatives an employee may use personal sick leave benefits to provide care for. [New August 1, 2014] Add the following to allowable sick time usage: “Safety Leave- Employees are authorized to use sick leave for reasonable absences for themselves or relatives (employee's adult child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent) who are providing or receiving assistance because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee’s child, is limited to 160 hours in any 12- month period” [New July 1, 2014] Change on page 25- Parenting Leave [New August 1, 2014] Change unpaid leave to not exceed twelve (12) weeks. Add to page 11- Hours of Work [New August 1, 2014] Unpaid Work Time for Nursing Mothers “Nursing mothers will be provided reasonable unpaid break time for nursing mothers to express milk for nursing her child for one year after the child’s birth. The city will provide a room (other than a bathroom) as close as possible to the employee’s work area, that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet, where the nursing mother can express milk in private.” Change on page 14- Performance Reviews [New August 6, 2014, MN Supreme Court Case Schwanke vs. MN Dept. of Administration] Replace paragraph four (4) with the following: “While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable using the city’s grievance process, other performance evaluation data, including subjective assessments, are not. For those parts of the performance evaluation system deemed not challengeable, an employee may submit a written response which will be attached to the performance review. Change on page 32- Grievance Procedure [New August 6, 2014, MN Supreme Court Case Schwanke vs. MN Dept. of Administration] Grievability- Replace #1 with the following: “While certain components of a performance evaluation, such as disputed facts reported to be incomplete or inaccurate are challengeable, other performance evaluation data, including subjective assessments, are not.” Add to page 4- Affirmative Action/EEO Policy Statement [New May 12, 2014] Paragraph #1- This policy expressly prohibits discrimination against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, disability, age, marital status, genetic information, status with regard to public assistance, veteran status, familial status, or membership on a local human rights commission. Add to page 9- Compensation [New May 12, 2014] Wage Disclosure Protection Under the Minnesota Wage Disclosure Protection law, employees have the right to tell any person the amount of their own wages. While the Data Practices Act (Minn. Stat. §13.43), specifically lists an employee’s actual gross salary and salary range as public personnel data, Minnesota law also requires wage disclosure protection rights and remedies to be included in employer personnel handbooks. To that end, and in accordance with Minn. Stat. §181.172, employers may not: • Require nondisclosure by an employee of his or her wages as a condition of employment; • Require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee's wages; • Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily. • Retaliate against an employee for asserting rights or remedies under Minnesota Statute §181.172, subd. 3 The city cannot retaliate against an employee for disclosing his/her own wages. An employee’s remedies under the Wage Disclosure Protection law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry. CityCouncilAgenda:02/09/15 1 5E.ConsiderationofappointingarepresentativefromtheMonticelloChamberof CommercetotheMonticelloIndustrialandEconomicDevelopmentCommission (AS) A.REFERENCEANDBACKGROUND: CityCouncilisaskedtoconsidertheappointmentofTaraThurbertotheIndustrialand EconomicDevelopmentCommittee(IEDC).NewappointmentstotheIEDCmustbe approvedbyCouncil. TaraThurbercurrentlyservesontheChamberofCommerceBoardandwasthe Chamber’svotingrepresentativetotheIEDCfor2014.TheChamberselectedMs. Thurbertoserveastheirvotingrepresentativeagainin2015.Ms.Thurber’stermonthe IEDCisretroactivetoJanuary1,2015andisbasedontheChamber’selectedofficer cycleandappointment. FortheappointmentsattheJanuary12th councilmeeting,thenewChamberPresident wasinadvertentlyaddedtothelistastheChamber’svotingrepresentativefor2015. TheChamberDirectorMarcyAndersonservesasanex-officio(non-voting)member. TheIEDCunanimouslyrecommendedtheappointmentofMaryBargertotheIEDCfora 3-yeartermandCouncilapprovedthatappointmentonMarch11,2013.Hernamewas notaddedtotheappointmentlistatthattime;ithasnowbeeninsertedwithhertermto expireDecember31,2015.Atthepresenttime,theIEDChas13votingmembers. B.ALTERNATIVEACTIONS: 1.MotiontoapprovetheappointmentofTaraThurberastheChamber’svoting representativetotheMonticelloIEDCfora1-yearterm. 2.Motiontonotapprovetheappointmentsatthistime. C.STAFFRECOMMENDATION: CityStaffrecommendsAlternative#1toapprovetheappointmenttotheIEDCaslisted above. D.SUPPORTINGDATA: 2015CityAppointmentsList CityCodeTitle2,Chapter10–IEDC Official Depositories:Wells Fargo (Chief Financial Officer is authorized to designate other depositories for investment purposes only) Official Newspaper:Monticello Times Health Officer: CentraCare Health Monticello Physicians Clinic Insurance Agents: Foster Carlson White Agency (general) Apollo Agency (benefits) Acting Mayor: Tom Perrault Joint Commissions: Community Education Glen Posusta MOAA Joint Planning Board Brian Stumpf & Tom Perrault Attorney:Campbell Knutson Kennedy Graven (EDA) Planner:Northwest Associated Consultants (Steve Grittman) Auditor:Malloy, Montague, Karnowski, Radosevich & Co (MMKR) Consulting Engineer:WSB & Associates Financial Consultants:Northland Securities Bond Counsel: Kennedy Graven COMMISSIONS/BOARDS NAME TERM EXPIRES Planning Commission Linda Buchmann 3 yr 12/2017 appointed 1/12/15 (3-year staggered terms)Sam Murdoff 3 yr 12/2017 appointed 1/12/15 Alan Heidemann 3 yr 12/2015 Brad Fyle, Chair 3 yr 12/2016 Amber Kramer 3 yr 12/2016 appointed 2/9/15 Charlotte Gabler Council liaison Parks Commission Larry Nolan 3 yr 12/2017 (3-year staggered terms)Nancy McCaffrey 3 yr 12/2017 Brian Stoll 3 yr 12/2015 Tim Stalpes 3 yr 12/2016 Jack Gregor 3 yr 12/2016 Glen Posusta Council liaison Police Advisory Commission OPEN 3 yr 12/2017 (3-year staggered terms)Jason Roubinek 3 yr 12/2015 Jim Roberts 3 yr 12/2015 Brad Fyle 3 yr 12/2016 Tom Perrault (voting)Council rep Library Board Ralph Olsen 3 yr 12/2017 (3-year staggered terms)Elaine Settergren 3 yr 12/2017 Beth Metzger 3 yr 12/2015 Janet Bridgland 3 yr 12/2015 Sandra Lommel 3 yr 12/2016 Charlotte Gabler Council liaison MCC Advisory Board Jennifer Bethke 3 yr 12/2017 (3-year staggered terms)Heath Bird 3 yr 12/2015 Sandra Theros 3 yr 12/2015 Darren Paumen 3 yr 12/2016 Brian Stumpf (voting)Council rep 2015 ANNUAL APPOINTMENTS & DESIGNATIONS (approved) Economic Development Authority Bill Tapper 6 yr 12/2015 (6-year staggered terms)Tracy Hinz 6 yr 12/2016 Jim Davidson 6 yr 12/2020 appointed 1/12/15 Bill Demeules 6 yr 12/2018 Steve Johnson 6 yr 12/2017 appointed 1/12/15 Tom Perrault (voting)Council rep Lloyd Hilgart (voting)Council rep IEDC:Bill Tapper 3 yr 2017 (3-year staggered terms)Jim Johnson 3 yr 2017 Tim O'Connor 3 yr 2017 Mary Barger 3 yr 2015 appointed 3/11/13 Dick Van Allen 3 yr 2015 Luke Dahlheimer 3 yr 2015 Joni Pawelk 3 yr 2016 Zona Gutzwiller 3 yr 2016 Wayne Elam 3 yr 2016 Don Roberts 3 yr 2016 Pat Thompson 3 yr 2016 Steve Johnson 3 yr 2016 Brian Stumpf Council liaison Lloyd Hilgart Council liaison Tara Thurber (voting)Chamber Rep appointed 2/9/15 Chamber Director ex-officio Bertram Chain of Lakes Advisory Council Kim Hewson Garner (at large)3 yr 12/2017 appointed 1/12/15 (At-large members: 3-year staggered terms)Wes Olson (at large)3 yr 12/2016 Larry Nolan Parks rep 12/2015 adopted bylaws 5/12/14 Sandra Theros MCC rep 12/2015 Brian Stumpf (voting)Council rep Glen Posusta (voting)Council rep FiberNet Advisory Board Jacob Kramer 5 yr 12/2018 (5-year staggered terms)Jon Morphew 5 yr 12/2017 Dennis Sullivan 5 yr 12/2016 Brian Stumpf (voting)Council rep Charlotte Gabler (voting)Council rep Fire Relief Board of Trustees Jeff O'Neill Staff (annual)Wayne Oberg Staff Brian Stumpf Council Daryl Gilles (2 year)Fire Chief appointed 1/26/15 Council Liaison (ex-officio) appointments to City commissions and committees: 2015 Liaison Planning Commission Charlotte Gabler Parks Commission Glen Posusta Police Advisory Commission (voting)Tom Perrault Library Board Charlotte Gabler MCC Advisory Board (voting)Brian Stumpf EDA (voting)Lloyd Hilgart & Tom Perrault IEDC Brian Stumpf & Lloyd Hilgart FiberNet Advisory Board (voting)Brian Stumpf & Charlotte Gabler BCOL Advisory Council (voting)Brian Stumpf & Glen Posusta Fire Relief Board of Trustees (voting)Brian Stumpf Personnel Committee Brian Stumpf & Charlotte Gabler Wellhead Protection Tom Perrault WWTF Planning Tom Perrault Emergency Planning - Xcel Brian Stumpf & Tom Perrault Emergency Planning - County Tom Perrault Xcel Public Relations Lloyd Hilgart M-BL Transportation Coalition Charlotte Gabler & Tom Perrault Transportation Advisory Committee Brian Stumpf & Lloyd Hilgart I-94 Coalition Brian Stumpf Safety Committee Tom Perrault Time Sensitive Acquisitions Committee Glen Posusta & Lloyd Hilgart MONTICELLO CITY ORDINANCE TITLE II/CHAPTER 10/PAGE 1 TITLE 2 - CHAPTER 10 INDUSTRIAL AND ECONOMIC DEVELOPMENT COMMITTEE SECTION: 2-10-1: Name of Committee 2-10-2: Authorization 2-10-3: Membership 2-10-4: Term of Office 2-10-5: Attendance 2-10-6: Vacancy 2-10-7: Officers 2-10-8: Meetings 2-10-9: Quorum 2-10-10: Duties of the Committee 2-10-11: Amendments 2-10-1: NAME OF THE COMMITTEE: The name of the organization shall be the Monticello Industrial and Economic Development Committee (IEDC). 2-10-2: AUTHORIZATION: Duties are delegated to the IEDC by the City Council of Monticello by this ordinance dated June 28, 2010, and by Resolution No. 2008-44 approved the 27th day of May, 2008. 2-10-3: MEMBERSHIP: The Monticello IEDC shall consist of sixteen (16) to eighteen (18) regular members to be appointed by the City Council of Monticello. Said Committee members shall consist of Monticello business representatives or residents of the City of Monticello. Two Council members shall be appointed annually to serve on the IEDC. The Director of the Monticello Chamber of Commerce and Industry shall be an ex-officio member of the IEDC. 2-10-4: TERM OF OFFICE: The term of the regular members shall be for three (3) years and shall be staggered so that no more than one-half of the terms expire in a given year. All regular terms shall expire at the first City Council meeting of the new calendar year. 2-10-5: ATTENDANCE: It is the City Council’s intention to encourage IEDC members to attend all IEDC meetings. It is desired that IEDC members attend at least 75% of meetings in a calendar year. Members may be subject to replacement by the City Council in the event attendance does not meet this standard. 2-10-6: VACANCY: Any vacancy in the regular or at large membership shall be filled by the City Council, and such appointee shall serve for the unexpired term so filled. MONTICELLO CITY ORDINANCE TITLE II/CHAPTER 10/PAGE 2 2-10-7: OFFICERS: (A) Elections. The Monticello IEDC shall elect at its Annual meeting from its membership a chair, vice chair, and a secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules of said Committee. (B) Duties of Chair. The chair shall preside at all meetings of the IEDC and shall have the duties normally conferred and parliamentary usage of such officers. (C) Duties of Vice Chair. The vice chair shall act for the chair in his absence. (D) Duties of Secretary. The secretary shall keep the minutes and records of the Committee with the assistance of City Staff. 2-10-8: MEETINGS: (A) Regular meetings shall be held on a date established by the IEDC. In the event of a conflict with a holiday or special events, a majority at any meeting may change the date and location of the meeting. The meeting shall be open to the general public. 2-10-9: QUORUM: A majority of the total IEDC members shall constitute a quorum for the transaction of business. 2-10-10: DUTIES OF THE COMMITTEE: It shall be the duty of the Committee, with staff assistance, to advocate and make recommendations to the Economic Development Authority and City Council, relative to and including influencing industrial and economic development in and for the City of Monticello, with an emphasis on industrial land, increase tax base and number of livable wage-level jobs by promoting industrial and economic growth, and working to maintain a desirable business environment. 2-10-11: AMENDMENTS: This ordinance may be amended as recommend by the majority vote of the existing membership of the IEDC and only after majority vote of the City Council. (#519, 8/23/10) CityCouncilAgenda:02/09/15 1 5F.ConsiderationofappointingarepresentativetotheMonticelloPlanning Commissiontofillavacancyforatermtoexpire12/31/2016 (AS/TE) A.REFERENCEANDBACKGROUND: CityCouncilisaskedtoappointAmberKramerasarepresentativetotheMonticello PlanningCommissiontofillatermtoexpireasofDecember31,2016.CharlotteGabler previouslyheldtheposition,whichwasvacatedwhenshetookaseatontheCityCouncil inJanuary. Thevacantpositionwasadvertisedtothepublicandinterviewswereheldbythe PlanningCommissiononFebruary3,2015.ThePlanningCommissionrecommended Ms.Kramer’sappointmenttotheCommissioninaunanimous3-0vote. B.ALTERNATIVEACTIONS: 1.MotiontoapprovetheappointmentofAmberKramertotheMonticelloPlanning CommissionwithhertermtoexpireDecember31,2016. 2.Motiontonotapprovetheappointments. C.STAFFRECOMMENDATION: CityStaffandtheMonticelloPlanningCommissionrecommendAlternative#1. D.SUPPORTINGDATA: Application–AmberKramer City Council Agenda: 02/09/15 1 5G. Consideration of adopting Ordinance No. 610 approving the 2015 City of Monticello Official Zoning Map (AS) A. REFERENCE & BACKGROUND: The City Council is asked to take action on adoption of a 2015 Official Zoning Map at this time. The Planning Commission has reviewed the attached map and held a public hearing on the matter on February 3rd, 2015. The Planning Commission unanimously recommends the adoption of the map by the City Council. The map included for review includes rezoning actions taken since the adoption of the last official map in May, 2014, which included:  Ordinance No. 600 – Rezoning Outlot A, Monticello Commerce Center 7th Addition from B-4 to R-4. As was the case in May 2014, in adopting the Official Zoning Map, the City Council will also adopt by reference the Shoreland Overlay District map, the boundaries for which are in accordance with requirements of both State statute and the Zoning Ordinance. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Ordinance No. 610 approving the adoption of the 2015 City of Monticello Official Zoning Map, including the Shoreland/Floodplain companion map. 2. Motion of other. C. STAFF RECOMMENDATION: Staff recommends adoption of the City of Monticello Official Zoning Map as proposed. This draft represents an accurate picture of Monticello’s zoning based on a review of available records and ordinances. The City Attorney has advised that the City adopt an official zoning map each year. D. SUPPORTING DATA: A. Ordinance No. 610 B: 2015 Official Zoning Map, Proposed C. Shoreland and Floodplain Boundary, City of Monticello D. Ordinance No. 600 – rezoning for MCC 7th Addn E: Resolution No. PC-2015-002 ORDINANCE NO. 610 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING AND ADOPTING THE 2015 OFFICIAL ZONING MAP FOR THE CITY OF MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. The zoning map amendments attached hereto and incorporated herein as Exhibit “A” is adopted as the Official Zoning Map under Title 10, Section 3.1 of the Zoning Ordinance for the City of Monticello. Section 2. This Ordinance shall take effect and be in full force from and after its passage and publication. Revisions will be made online after adoption by Council. Copies of the complete Zoning Ordinance are available online and at Monticello City Hall upon request. ADOPTED AND APPROVED FOR PUBLICATION BY the Monticello City Council this 9th day of February, 2015. CITY OF MONTICELLO _____________________________ Brian Stumpf, Mayor ATTEST: __________________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: ORDINANCE NO. 610 EXHIBIT “A” Following are the approved amendments to the Official Zoning Map  Ordinance #600 – Map Amendment for Rezoning from B-4 to R-4 for Outlot A, Monticello Commerce Center Seventh Addition; Applicant: IRET Properties County Hwy 75 Chelsea Rd State Hwy 25 85th St NE 9 0th St N E Linn St Pine St 7th St School Blvd Riverview Dr Cedar St W River St M a r v i n R d Jason Ave Dundas Rd W Broadway St Hart Blvd Country La Haug Ave NE Elm St W 4th St Fenning Ave NE Oakwook Dr Ma ll a r d L a 95th St NE Fallon Ave NE Edmonson Ave NE Mississippi Dr 5th St Country Club Rd Sandberg Rd P e l i c a n L a F a l c o n D r Fenning Ave Walnut St Oak Ridge Dr Oriole La Club View Rd Broadway St Hillcrest Rd E River St Headman La M i l l T r a i l L a Falcon Ave NE Wright StBenton St Elwood Rd Ramsey St 6th St River Mill Dr Wildwood Way Hilltop Dr Mill Run Rd O a k V i e w L a Farmstead Ave Martin Dr 4th St E 3rd St E Red Rock La Gillard Ave NE Maple St Fallon Dr Willow St View La E Grey Stone Ave Marvin Elwood Rd Fieldcrest Cir Fairway Dr Jason Ave NE Vine St M e a d o w L a Jerry Liefert Dr Praire Rd Starling Dr Palm St Un kn ow n o r N o S tree tn ame Fallon Ave Golf Course Rd Falcon Ave Kevin Longley Dr Craig La R e d O a k L a Front St 5th St W Thomas Park D r Locust St M o c k i n g b i r d L a W 3rd St Ea s two o d C i r Bri ar Oa ks Bl v d F a r m s t e a d D r Henipin St E i d e r L a Dayton St Oak La River Forest Dr Meadow Oak Ave Kampa Cir O a k R i d g e C i r M i l l C t R i v e r R i d ge L a Garrison Ave Oakview Ct Dundas Cir Kenneth La Otter Creek Rd Minnesota St Eagle Cir Crocus La Meadow Oak La Stone Ridge Dr Chestnut St 1 2 0 t h S t N E Darrow Ave NE Diamond Dr Pebble Brook Dr Widgeon La Washington St Bunker Cir Homestead Dr Thomas Cir E n d i c o t t T r Center Cir Oak View Cir Sandtrap Cir Countr y Cir Cheyen Ct Old Territoral Rd Tanager Cir Hillcrest Cir Os prey Ct Acorn Cir Balboul Cir S w allo w C ir R iv e r si d e C ir Meadow Oak Ct Matthew Cir E Oak Dr S t o n e R i d g e C ir Oakwood Dr Meadow Oak Ave NE County Hwy 75 Hart Blvd Marvin Rd Marvin Rd Wright St 90th St NE Cedar St Minnesota St 01 City of MonticelloOfficial Zoning Map 10-10-14 :Legend BASE ZONING DISTRICTS Residential Districts -- Low Residential Densities -- Medium Residential Densities -- High Residential De nsities Business Districts Industrial Districts OTHER Water A-O R-A R-1 T-N R-2 R-PUD R-3 R-4 B-1 B-2 B-3 B-4 CCD IBC I-1 I-2 M-H Mississippi Wild, Scenic & Rec Overlay District OVERLAY DISTRICTS Performance Based Overlay District ! ! ! !!!! ! ! !!!!! Shoreland District Special Use Overlay District ! ! ! !!!! ! ! !!!!! Freeway Bonus Sign District PUDs Swan River01 !"b$ ?¾A@ 92 n d S t N e 9 1 s t S t N e State Highway 25 S Rive r F orest D r Ne F e n n i n g A v e N e G o l f C o u r s e R d Matthew Cir 6th St W Alpine Dr Heron Ct Willow St Elm St Bu n ke r Cir I n n s b r o o k C t Chestnut St S w a l l o w C i r 99th S t N e P e l i c a n L n A l p i n e C t B is on AveFarmstead Ct Deer Cir T a n a g e r C i r Elk A v e F o x S t Eakern A ve P a r k P lace Dr Crocus Cir WoodcrestCt Moun t Curv e Blvd 4th St W M c k e n n a C t G a tew a t erDr Maple St Oa k r i d g e D r 8 9 t h StNe Gi lla rd A ve M i l l C t N e Vine St C o u nt r y A v e Otterc r e e k R d Ba d g er C i r Endic o t t T r l R i v e r S t W C o u n t r y C i r Woodla n d C t T a l o n C t T r o y M a r q u e t t e Dr R edf o rd Ln Field c r e s tCir H a u g A veNe 8 6 t h S t N e Eisele Ave Ne E i d e r L n Bakk en St 9 3 r d St N e N i c h o l a s C i r 8 2 n d S t N e Or c ha r d C i r E H a w t h o r n e P l S D u n d a s R d S a n d T r a p C i r Chelsea Rd W Deeg a n C t M e a d o w Oak A v e N e O r i o l e Ln W i d g e o n L n D e e r S t W i n d e m e r e C t O a k l e a f C t Oakview C i r P r a i r i e R d Harvest Ct M i l l Trail L n N e D i a m o n d D r P a r k D r Prescott Dr Linn St Sum mit Ct B a d g e r S t Walnut St Hart Blvd M i n n e s o t a S t 9 2 n d S t N e StateHighway25Ne Sandber g R d 1 0 2 n d S t N e 5thStW M e a d o w O a k D r River St E Walnut St S 3rd St E Locust St Hennepin St Ramsey St Wright St River St W FrontSt 3rd St W S c h o o l B l v d C h e l s e a R d Palm St G o l denP on d Ln New St D u n d a s C i r WashingtonSt O v e rlo ok Ln Brentwood Dr 83 r d St N e I n n s b r o o k D r 7 t h S t E T e r r i toria l R d 9 0 t h S t N e Gi lla rd A v e N e I c k l e r A v e N e V ineLn OakviewCt CraigLn KennethLn T ro y Ma rquett e L n S a v a n n a h A v e B e a r A v e Brighton Av e N e Oakwood Dr E M e a d owOak Ln Ne 8 5 t h S t N e EbersoleA v e H a ls e y A ve N e S t a r l i n g D r 4th St E K a mp a Cir B r i a r O a kes B l v d Halsey Ave Ne GoodrichDrNe PinehurstCt CahillAveNe Mallard L n G r a y s t o n e A v e 9 0 t h S t N e 7 7 t h S t N e Ea g l e C t Id e Ave N e H o m estead D r 9 6thSt N e OakRi d g e C i r Dalton W ay 97th St Ne J erry L i e f e r t D r OrchardLn S t o ne r idg e L n 8 7 t h S t N e G a rvey C t Kevin Longley Dr H a m l i ne A ve N e River vi e w D r N e 1 2 3 r d S t N e Ibson AveNe AetnaAve N e D a rlin gto n A v e Ne Giffor t A v e N e D altonCt Dalto n A v e Ne H i l l t op Dr PrivateDr Pine St 8 7 t h S t Ne E a s t w o o dCi r N e R e d Oa k Ln N e A f ton A v e Ne Hayw a r d CtS MarvinElwood R d Hay w a r d Ct N Sandy Ln M o c kin g b i r d L n F a l l on D r Ha rr in gt on A ve Ne 88 t h S t N e CrocusLn E a g l e R i d geLn PrairieCreekLn R e dR o c k L n Farmstea d A ve River Mill Dr N e Edmonson Ave Ne C l u b V i e w Dr W o o d s i d e D r Oa k v i e w L n M e ri dian Ave N Daver n Av e N e Da rr ow A v e N e 9 4 t h S t Ne Hig hland W ay W i l dwoo d Wa y 7 9 t h S t N e C o u n t y R o a d 3 7 N e 84t h S t Ne Oakri d g e D r N F a l l o n A ve Ne W eston D r M a r t i n Dr 97th St Ne Fairhi l l L n M a r v i n R d Hed m a n Ln Spru c e Dr 1 0 1 s t S t N e T h o m a s P a r k D r E a s t O a k D r 107th St Ne F a l c o n A v e DeeganAve 119th St Ne H illcr e s t Rd C o u n t y R o a d 3 9 NeA b e r t A v e N e CedarSt 8 4 t h S t N e Gilbert A v e N e 80 t h S t N e WbI94ToPineSt C a m e r o n A v e N e 1 0 2nd S t Ne Dalton A v e N e 1 1 0th S t Ne E a k e r n Cir Ne 9 5 t h S t N e H all A v e Ne Goo d r i c h Ave Ne 116 t h S t N e E Broadway St P i n e S t T o E b I94 C h a m b e r l a i n A v e N e C o u n t y R o a d 3 9 N e C a m e r o n A v e N e Eb I94 ToPine St Aetna Av e N e MillR u n Rd Mississippi Dr Ne Pine St T o W b I 9 4 AcaciaAveN e Ja b e r A v e N e F e n n i n g A ve Ne To E b I 9 4 7th St W ChelseaRd H a mil t o n A veNe 8 5 t h S t N e Ga r r i s o n A v e N e W b I94T o F e n ningAve Ne 1 2 0 t h S t N e 12 7 t h S t N e Brad d ock Ave Ne 7 5 t h S t N e 1 0 0 t h S t N e County Road 75 Ne 8 0 t h S t N e WBroadway St D a v i d s o n A v e Ne Jason Ave Ne 8 5 t h S t N e A c a c i a A v e Ne H a r d i n g A ve Ne B ria r w o o d A v e N e County Road 75 I f f e rt A v e N e Interstate94 1 inch = 1,500 feet Floodway Fl ood Fr inge 500-Year Floodplain DNR Protected Waters Wild and Scenic Boundary Shoreland Setback DNR Watercourse City Boundary ² Date: 2/12/2014 CityCouncilAgenda:mm/dd/yy 1 5H.Considerationofschedulingthe2015MonticelloLocalBoardofAppealand EqualizationmeetingonThursday,April9th at6p.m.(CS) A.REFERENCEANDBACKGROUND: EachyeartheCountyAssessorschedulesadateforourLocalBoardofAppealand Equalization(LBAE)meeting,withtheCityCouncilactingasthehearingboard.There mustbeaquorumofCouncilmemberspresentandatleastoneofthemembersmusthave attendedtheapprovedtraining.BothBrianStumpfandTomPerraulthaveattendedthe training.PleasenotethattheMNDepartmentofRevenueisimplementingchangestothe trainingsessions.Aninformationsheetonthisisattachedwithsupportingdata. TheCountyAssessorisrecommendingThursday,April9th,2015asthedateforthe LBAEmeetingwithastarttimeof6p.m.Theyhavealsoofferedachoiceofdaytime hours,iftheCouncilwouldprefer.Byapprovingthisitemwiththeconsentagenda, Councilwouldbeselectinga6p.m.starttimeonApril9th. A1.BudgetImpact:NA A2.StaffWorkloadImpact:Staffwillreserveameetingroomoncethedateand timeareapproved. B.ALTERNATIVEACTIONS: 1.Motiontoschedulethe2015MonticelloLocalBoardofAppealandEqualization meetingonThursday,April9th at6p.m. 2.Motiontoschedulethe2015MonticelloLocalBoardofAppealandEqualization meetingonThursday,April9th at_________(time). 3.Motionofother. C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1or#2. D.SUPPORTINGDATA: LetterfromWrightCountyAssessor’sOffice InformationsheetfromtheMNDepartmentofRevenueaboutLBAEtraining City Council Agenda: 02/09/15 1 5I. Consideration of adopting Ordinance No. 611 amending the Monticello City Code, Title 3, Chapter 16 – Rental Housing Licensing with changes as approved on January 26, 2015, and adopt Summary Ordinance No. 611A for publication (RH/CS) A. REFERENCE AND BACKGROUND: City Council is asked to adopt Ordinance No. 611 which formally incorporates the rental housing license amendments that were approved at the Council meeting on January 26th. The amendments were recommended by the City Attorney and were housekeeping changes for the most part. With the approval at the last meeting, city staff has now prepared the ordinance and updated the city code section on rental housing licensing. Along with Ordinance No. 611, Council is also asked to adopt a summary ordinance for publication. In review, the amendments to the sections on licensing provisions, issuance, and inspections clean up some of the language and add clarity to city powers in response to recent litigation against the legality of rental inspections in some other municipalities. Sections were also updated to comply with a newer state statute regarding tax clearance and to add language for liability protection. The proposed changes are shown in the City Code handout in supporting data. A1. Budget Impact: Minimal cost for publication. A2. Staff Workload Impact: None. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Ordinance No. 611 amending the Monticello City Code, Title 3, Chapter 16 – Rental Housing Licensing with changes as proposed, and adopt Summary Ordinance No. 611A for publication. Council approved the proposed changes on January 26, 2015 and staff was directed to prepare the ordinance amendment for adoption. It should be noted that the summary ordinance requires a 4/5th vote of council for approval. 2. Motion of other. C. STAFF RECOMMENDATION: City staff recommends Alternative #1. City Council Agenda: 02/09/15 2 D. SUPPORTING DATA: A. Ordinance No. 611 – Rental Housing Licensing amendment B. Summary Ordinance No. 611A C. Copy of City Code, Title 3, Chapter 16 – Rental Housing Licensing (with proposed changes) D. Excerpt from City Council Minutes – 1/26/15 draft ORDINANCE NO. 611 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE MONTICELLO CITY CODE, TITLE 3, CHAPTER 16 – RENTAL HOUSING LICENSING AS RELATED TO LICENSING PROVISIONS, ISSUANCE, AND INSPECTIONS IT IS HEREBY ORDAINED BY the City Council of the City of Monticello, Minnesota: Section 1. Title 3, Chapter 16 – Rental Housing Licensing, Section 6 shall be shall be amended as follows: 3-16-6: GENERAL LICENSING PROVISIONS (B) LICENSE APPLICATION. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. The application must include: 1. The owner's name, address, and telephone number, owning partners if a partnership, corporate officers if a corporation; 2. Legal address of the rental dwelling; 3. The type and number of units within the rental dwelling; and 4. The type of structure to be licensed (i.e., single-family, duplex, Multi-Family); and 5. Pursuant to Minn. Stat. 270C.72, subd. 4, the owner’s Social Security number and/or Minnesota business identification number. (E) LICENSE ISSUANCE. 1. Preliminary Inspection and Investigation. Prior to issuing an initial license, the Chief Building Official will inspect the rental dwelling will seek consent from the owner for an inspection of the rental dwelling and conduct an inspection to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. The Chief Building Official will review the application for completeness. All real estate taxes and municipal utilities must be paid and current. ORDINANCE NO. 611 Section 2. Title 3, Chapter 16 – Rental Housing Licensing, Section 7 shall be shall be amended as follows: 3-16-7: INSPECTIONS (A) ROUTINE LICENSE INSPECTIONS. After the initial inspection and issuance of the initial license, the owner of a rental dwelling shall permit access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit. The Chief Building Official may perform or require additional inspections if deemed necessary by the Chief Building Official or by the request of a tenant. No operating license may be issued or renewed unless the City determines, following an inspection conducted pursuant to this section, that the dwelling unit complies with this Code. The owner of a dwelling unit shall contact the Chief Building Official or his or her agents to arrange an inspection at a reasonable time. The Chief Building Official and his or her agents are authorized to conduct an inspection provided the owner or tenant consented to said inspection. A rental dwelling unit, including any common space areas, must be inspected a minimum of one time every two years. Nothing shall prohibit the City from requesting additional inspections if deemed necessary or if requested by a tenant of a rental dwelling unit. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (B) RESPONSE TO COMPLAINTS. The Chief Building Official shall respond to complaints of violations of this Chapter. A complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner/ or tenant of the inspection and request permission to inspect from the owner or tenant. If the owner or tenant does not consent, the City may pursue an administrative search warrant to conduct the inspection, unless a lawful exception to conduct an inspection without a warrant exists. If there are violations, the Chief Building Official shall notify the owner/ or tenant pursuant to 3-16-9 to correct the problem which prompted the complaint. The cost of the inspection shall be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant, and the payment of such cost shall be a condition of license renewal. (C) RIGHT TO REFUSE ENTRY. The owner, occupant, tenant, or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Chief Building Official for purposes of compliance with this chapter. However, nothing in this chapter shall prohibit the Chief Building Official from asking permission from an owner, occupant, tenant or person in charge of property for permission to inspect such property or rental unit for compliance with this chapter ORDINANCE NO. 611 and all other applicable laws, regulations and codes. Nothing in this chapter shall prohibit the City of Monticello from seeking a search warrant or from entering a property or rental unit if a lawful exception to the warrant requirement exists. (D) SCOPE OF INSPECTION. Neither the City of Monticello nor any employee thereof assumes liability for the accuracy or quality of any property inspected pursuant to this chapter at the request of the owner. The issuance of a rental license shall not be construed to represent a warranty or guarantee by or on behalf of the City of Monticello nor shall the issuance of any certificate, license or approval be construed to imply or warrant that a unit or property is: safe or free of any dangers or hazards to the occupants or general public; free and clear of any violations of this chapter or any other laws, regulations or codes; free and clear of any defects. The issuance of any rental license shall not be construed to represent any warranties or guarantees by or on behalf of the City of Monticello, nor shall the issuance of any certificates or approvals be construed to imply that the property is: 1. Completely safe or free of any dangers or hazards to the occupants or general public. 2. Completely free and clear of any violations of this chapter or any other codes. 3. Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities or any other features of the property. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, and to renumber the chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Monticello City Code as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete City Code are available online and at Monticello City Hall for examination upon request. ORDINANCE NO. 611 ADOPTED BY the Monticello City Council this 9th day of February, 2015. CITY OF MONTICELLO _______________________________ Brian Stumpf, Mayor ATTEST: ________________________________ Jeff O’Neill, City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: SUMMARY ORDINANCE NO. 611A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA A SUMMARY ORDINANCE AMENDING THE MONTICELLO CITY CODE, TITLE 3, CHAPTER 16 – RENTAL HOUSING LICENSING NOTICE IS HEREBY GIVEN that, on February 9th, 2015, Ordinance No. 611 was adopted by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of Ordinance No. 611, the following Summary Ordinance No. 611A has been prepared for publication as authorized by state law. The ordinance adopted by the Council amends the following sections of the Monticello City Code. The general purpose of the ordinance amendment is to update language in the code related to rental licensing provisions, issuance, and inspections. 3-16-6 General Licensing Provisions 3-16-7 Inspections A printed copy of the whole ordinance is available for inspection by any person during the City’s regular office hours. The complete ordinance will be posted on the City’s website following publication. APPROVED FOR PUBLICATION by the City Council of the City of Monticello, Minnesota, this 9th day of February, 2015. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O’Neill City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 1 CHAPTER 16 RENTAL HOUSING LICENSING SECTION: 3-16-1 Purpose 3-16-2 Applicability; Scope 3-16-3 Definitions 3-16-4 Enforcement Officer 3-16-5 Responsibility of Owner (Landlord) 3-16-6 General Licensing Provisions 3-16-7 Inspections 3-16-8 Conduct on Licensed Premises 3-16-9 Condition of Licensed Premises 3-16-10 Hearing Procedure 3-16-11 Misdemeanor 3-16-1: PURPOSE. It is the purpose of this Chapter to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of Monticello and to ensure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and security of property. 3-16-2: APPLICABILITY; SCOPE. This Chapter applies to all existing and new rental dwellings in the City, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings and appurtenances, such as sidewalks and retaining walls. This Chapter does not apply to Minnesota Department of Health licensed rest homes; convalescent care facilities; nursing homes; hotels; motels; or owner-occupied units. 3-16-3: DEFINITIONS. “Chief Building Official” means the Chief Building Official or designated agent. “City” means the City of Monticello. MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 2 “City Administrator” means the City Administrator or the City Administrator's designated agent. “International Property Maintenance Code” means the International Property Maintenance Code, 2006 Edition as published by the International Code Council. “Multiple Family Dwelling” means a rental dwelling containing three (3) or more units. “Occupant” means any person living or sleeping in a rental dwelling unit, or having possession of a space within a rental dwelling unit. “Owner” means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises. “Premises” means a lot, plot, or parcel of land including the building or structures thereon. “Rental Dwelling” means a building or premises, or portion thereof, containing one or more units used or intended to be used for residential rental purposes. “Unit” means a single unit within a rental dwelling providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. 3-16-4: ENFORCEMENT OFFICER. The City’s Chief Building Official is authorized and directed to enforce all provisions of this Chapter. The Chief Building Official may designate other City Employees to enforce the provisions of this Chapter. 3-16-5: RESPONSIBILITY OF OWNER (LANDLORD). (A) OWNER RESPONSIBILITY. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this Chapter, applicable provisions of the City Code and the International Property Maintenance Code. (B) CLEANLINESS. Every owner of a rental dwelling is responsible for keeping the rental dwelling in a clean, sanitary and safe condition in conformance with this Chapter, applicable provisions of the City Code and the International Property Maintenance Code. MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 3 (C) DISPOSAL OF RUBBISH. Every owner of a rental dwelling shall have all rubbish, garbage and waste stored and disposed of in a clean, sanitary and safe manner. (D) OBTAIN LICENSE: The owner must obtain a license and pay all license fees as required by this Chapter before the rental dwelling may be rented. 3-16-6: GENERAL LICENSING PROVISIONS. (A) LICENSE REQUIRED. It is unlawful to own or operate a rental dwelling in the City without first having obtained a license from the City. An owner must obtain a license for each rental dwelling. If the rental dwelling contains two or more units, and has a common owner and a common property identification number, the owner shall obtain a single license for the rental dwelling. (B) LICENSE APPLICATION. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. The application must include: 1. The owner's name, address, and telephone number, owning partners if a partnership, corporate officers if a corporation; 2. Legal address of the rental dwelling; 3. The type and number of units within the rental dwelling; and 4. The type of structure to be licensed (i.e., single-family, duplex, Multi-Family); and 5. Pursuant to Minn. Stat. 270C.72, subd. 4, the owner’s Social Security number and/or Minnesota business identification number. (C) LICENSE FEES. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The owner must submit the required fee along with the application for a new or renewal license. Applications for a renewal license submitted after December 31 are subject to an additional late fee, which shall be determined from time to time by the City Council. (D) LICENSE PERIOD. The initial license period begins upon issuance by the city and ends on March 14th, 2009. Thereafter, the license period is for one year and runs from March 15th to March 14th. The license must be MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 4 renewed annually. All rental dwellings existing as of the effective date of this Ordinance shall apply for the initial license by October 1st, 2007. (E) LICENSE ISSUANCE. 1. Preliminary Inspection and Investigation. Prior to issuing an initial license, the Chief Building Official will inspect the rental dwelling will seek consent from the owner for an inspection of the rental dwelling and conduct an inspection to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. The Chief Building Official will review the application for completeness. All real estate taxes and municipal utilities must be paid and current. 2. Compliance Order. As to any rental dwelling existing as of the effective date of this Ordinance, if the rental dwelling is not in full compliance with paragraph (1), the City may issue the initial license and provide the owner with a compliance order pursuant to Section 3-16-9. (F) POSTING OF LICENSE. The owner shall post a copy of the license in the rental dwelling in a conspicuous place approved by the Building Official. In multiple dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. The posted license shall be framed and covered with clear glass or plastic. (G) TRANSFER OF LICENSE. Licenses are transferable. Any changes in the ownership of the rental dwelling require submittal of application and payment of license transfer fee. (H) REGISTER OF OCCUPANCY. The owner shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the City at any time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address (es) of the rental dwelling; 2. Number of bedrooms of each unit; 3. Number of units in each building; and 4. Number of adults and children (under 18) currently occupying each unit. 3-16-7: INSPECTIONS. MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 5 (A) ROUTINE LICENSE INSPECTIONS. After the initial inspection and issuance of the initial license, the owner of a rental dwelling shall permit access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit. The Chief Building Official may perform or require additional inspections if deemed necessary by the Chief Building Official or by the request of a tenant. No operating license may be issued or renewed unless the City determines, following an inspection conducted pursuant to this section, that the dwelling unit complies with this Code. The owner of a dwelling unit shall contact the Chief Building Official or his or her agents to arrange an inspection at a reasonable time. The Chief Building Official and his or her agents are authorized to conduct an inspection provided the owner or tenant consented to said inspection. A rental dwelling unit, including any common space areas, must be inspected a minimum of one time every two years. Nothing shall prohibit the City from requesting additional inspections if deemed necessary or if requested by a tenant of a rental dwelling unit. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (B) RESPONSE TO COMPLAINTS. The Chief Building Official shall respond to complaints of violations of this Chapter. A complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner/ or tenant of the inspection and request permission to inspect from the owner or tenant. If the owner or tenant does not consent, the City may pursue an administrative search warrant to conduct the inspection, unless a lawful exception to conduct an inspection without a warrant exists. If there are violations, the Chief Building Official shall notify the owner/ or tenant pursuant to 3-16-9 to correct the problem which prompted the complaint. The cost of the inspection shall be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant, and the payment of such cost shall be a condition of license renewal. (C) RIGHT TO REFUSE ENTRY. The owner, occupant, tenant, or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Chief Building Official for purposes of compliance with this chapter. However, nothing in this chapter shall prohibit the Chief Building Official from asking permission from an owner, occupant, tenant or person in charge of property for permission to inspect such property or rental unit for compliance with this chapter and all other applicable laws, regulations and codes. Nothing in this chapter shall prohibit the City of Monticello from seeking a search warrant or from entering a property or rental unit if a lawful exception to the warrant requirement exists. MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 6 (D) SCOPE OF INSPECTION. Neither the City of Monticello nor any employee thereof assumes liability for the accuracy or quality of any property inspected pursuant to this chapter at the request of the owner. The issuance of a rental license shall not be construed to represent a warranty or guarantee by or on behalf of the City of Monticello nor shall the issuance of any certificate, license or approval be construed to imply or warrant that a unit or property is: safe or free of any dangers or hazards to the occupants or general public; free and clear of any violations of this chapter or any other laws, regulations or codes; free and clear of any defects. The issuance of any rental license shall not be construed to represent any warranties or guarantees by or on behalf of the City of Monticello, nor shall the issuance of any certificates or approvals be construed to imply that the property is: 1. Completely safe or free of any dangers or hazards to the occupants or general public. 2. Completely free and clear of any violations of this chapter or any other codes. 3. Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities or any other features of the property. 3-16-8: CONDUCT ON LICENSED PREMISES. (A) OWNER RESPONSIBLE. It shall be the responsibility of the owner to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur: 1. Violation of Minnesota Statutes sections 609.755 through 609.76 as may be amended from time to time, relating to gambling; 2. Violation of laws relating to prostitution or acts relating to prostitution as defined in Minnesota Statutes section 609.321; 3. Violation of Minnesota Statutes sections 152.01 through 152.027 as may be amended from time to time, relating to the unlawful sale or possession of controlled substances; 4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as may be amended from time to time, relating to the unlawful commercial sale and underage consumption of alcoholic beverages; MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 7 5. Violation of Minnesota Statutes section 609.33 as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; 6. Violation of Minnesota Statutes sections 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 as may be amended from time to time, relating to the unlawful possession, transportation, sale or use of weapons; 7. Violation of City Code or violation of Minnesota Statutes section 609.72 as may be amended from time to time, relating to disorderly conduct; 8. Violation of City Code Title 7, Chapter 1, relating to nuisances. 9. Violation of City Code Title 5, Chapter 4, relating to recreational fires. 10. Violation of City Code Title 6, Chapters 2 and 3, relating to animal control. (B) FIRST VIOLATION. Upon determination by the Chief Building Official that a licensed premises was used in a disorderly manner, as described in paragraph (A) of this section, the Chief Building Official must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. (C) SECOND VIOLATION. If another instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in division (B) of this section was given, the Chief Building Official must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the Chief Building Official within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (D) THIRD VIOLATION. 1. If another instance of disorderly use of the licensed premises occurs within 12 months after any two previous instances of MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 8 disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the Chief Building Official who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice. 2. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. (E) NO ADVERSE ACTION PENDING EVICTION. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. (F) FINDING OF DISORDERLY CONDUCT. A determination that the licensed premises have been used in a disorderly manner as described in paragraph (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. (G) SERVICE OF NOTICES. All notices given by the City under this section, at the City’s option, may be either personally served on the licensee, sent by regular mail to the licensee at the address listed on the application, or by posting on a conspicuous place on the licensed premises. (H) ENFORCEMENT ACTIONS. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 9 respect to a licensee, a tenant, or the licensed premises as is authorized by the City Code, state or federal law. 3-16-9: CONDITION OF LICENSED PREMISES. (A) COMPLIANCE ORDER. Whenever the Chief Building Official determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct such violations. (B) LICENSE ACTION. If the violations listed in the compliance order are not remedied by the owner within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the City decides that it will be denying, suspending, revoking or not renewing a license or imposing an administrative fine pursuant to this Section, the City shall send a notice of the proposed action to the owner of the rental dwelling. The proposed action by the City shall be heard by the City Council pursuant to the procedure set forth in Section 3-16-10 of this Chapter. (C) APPEAL. When it is alleged by the owner that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, and must be filed with the City within five (5) business days after service of the compliance order. The appeal shall be heard by the City Council pursuant to the procedure set forth in Section 3-16-10 of this Chapter. The filing of the appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health or property. 3-16-10: HEARING PROCEDURE. (A) SCHEDULING OF HEARING. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 3-16-8 or 3-16-9 of this Chapter, or if the owner is appealing the compliance order pursuant to Section 3-16-9 of this Chapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice or receipt of the owner's notice of appeal of a compliance order. MONTICELLO CITY ORDINANCE TITLE III/ Chapt 16/ Page 10 (B) HEARING. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The owner shall have the opportunity to address the City Council at the hearing. (C) FINDINGS. After the hearing is concluded, the City Council shall make its decision on whether to uphold the compliance order or to revoke, suspend, deny or not renew the license or impose an administrative fine. (D) NO OCCUPANCY. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the Building Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner. (E) APPEAL. An owner may appeal the decision of the City Council as allowed under state law. 3-16-11: MISDEMEANOR. Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. (#464, 7/23/07) CityCouncilAgenda:02/09/15 1 5J.ConsiderationofrenewingmembershipintheI-94WestCorridorCoalitionfor 2015intheamountof$6,379.50 (JO/SB/AS) A.REFERENCEANDBACKGROUND: TheCityCouncilisbeingaskedtoconsidermakingafinancialcontributiontotheI-94 WestCorridorCoalitionintheamountof$6,379.50for2015.TheCityCouncilin2014, approvedthesameamountofcontributionforthepurposeofraisingawarenessofthe needforthedevelopmentofexpansionlanestoI-94andforsolicitingstateandfederal fundsnecessaryforthelaneexpansion. 2014wasabigyearfortheCoalition.ConstructionfortheexpansionofI-94tothree lanesineachdirectionfromRogers(TH101)toSt.Michael(TH241)began.In October,2014fundingwassecuredundertheCorridorsofCommerceProgramto completedesignoptionsformobilityfortheexpansionfromSt.MichaeltoAlbertville.A billledbySenatorKiffmeyerisbeingintroducedinthiscurrentlegislativesessionto appropriate$40,000,000toexpandI-94tosixlanesfromSt.MichaeltoAlbertville.In addition,otherrelatedprojectsalongtheHighway494,101and610corridorswerealso completedwhichcontributetotheoverallimprovementoftheI-94capacityexpansion. Giventhatthesemajorprojectmilestoneshavebeenaccomplishedinamatteroftwo years,wecanonlyexpectthatthemomentumwillcontinuetoandpastMonticellointhe verynearfuture.CitystaffhasreceivedverbalsupportfromlocallegislatorsandMnDOT tocontinuetheexpansiontoMonticellointhenearfuture. Theeffortsbythecoalitionandotherkeystakeholderswereinstrumentalinraisingthe awarenessofthiscorridorandsecuringthefundingfortheseprojects.TheCoalition recognizesthattheyneedtocontinuethismomentumandisseekingtheCity’scontinued supportfortheexpansionofI-94toMonticelloandthenontoStCloud.TheCoalition’s goalsfor2015areidentifiedintheenclosedletter. ItalmostgoeswithoutsayingthatMonticellohasanimportantstakeinthismatteras bothresidentsandbusinesscitizenswouldbenefitgreatlythoughtheaddingofadditional lanesonI-94. Thecoalition,throughcontinuingtoadvocateforadditionallaneseastandwestwill providedirectbenefittoMonticelloby: •Encouragingandsupportingexistingandfuturecommercial,industrialand residentialdevelopment. •SupportingtheBertramChainofLakesRegionalParkandotherregionalpark uses. •Supportinglocal,regional,andstatewiderecreationalandhospitalityindustries. •Allowingthecitytohaveavoiceandvotewithinthecoalition. CityCouncilAgenda:02/09/15 2 •Betterallowingthecitytosecureexternalfundingfortransportationprojectsby demonstratingincreasedregionalbenefits,whichtypicallyresultsinhigher projectrankingsthatareusedtoawardfunding. A1.BudgetImpact:Themembershipduestotal$6,379.50basedonMonticello’s 2010censuspopulationof12,759.Thefundshavebeenbudgetedfor2015under theGeneralFundPW/Engineeringbudgetunderthemembershiplineitem. A2.StaffWorkloadImpact:Citystaffwillcontinuetorepresentthecityby attendingallregularly-scheduledcoalitionmeetings,plusothermeetingsas deemednecessary. B.ALTERNATIVEACTIONS: 1.Motionapprovingacontributionof$6,379.50totheI-94WestCorridorCoalition torenewthecity’smembershipfor2015. 2.Motiontodenysaidrequestforfunding. C.STAFFRECOMMENDATION: StaffrecommendsAlternative#1.Theresidentsandbusinessesthatresidewithin MonticellohavemuchtogainfromexpansionofI-94tosixlanes.AsnotedbytheIEDC andTransportationAdvisoryCommitteeinthepast,theeconomichealthandviabilityof ourcommunitydependsonafreeflowingI-94.Therefore,itwouldmakesensethatthe CityshouldbepartoftheI-94teamthatisengagedinthisprovensuccessfuleffortand providefinancialsupportaccordingly. D.SUPPORTINGDATA: Invoiceandletterofrequestfor2015 City Council Agenda: 02/09/15 1 7A. Public Hearing - Consideration of adopting Resolution #2015-008 ordering the project and authorizing preparation of plans and specifications for School Boulevard Improvements, City Project No. 14C003 (SB) A. REFERENCE AND BACKGROUND: At the January 26, 2015 City Council meeting, the Council accepted the feasibility report and called for the public hearing for the School Boulevard improvement project. The project consists of completing a two-inch full width mill and bituminous overlay along School Boulevard between Edmonson Avenue and Fenning Avenue. The roadway is also a good candidate for the Texas underseal, which is a chip seal applied under the bituminous overlay, which results in the delay of the onset of cracking. This application was completed on 7th Street between Elm Street and Golf Course Road in 2014. Staff and MnDOT representatives will be inspecting this roadway in March to preliminarily determine if the Texas underseal was effective. After that, staff will determine if this should be applied to School Boulevard. The project also consists of pathway improvements as described below:  Reconstruct pathway along the south side of School Boulevard from Fallon Avenue to Cardinal Hills Park: This will involve removing the existing pavement within the pathway and replacing it with 3-inches of bituminous pavement. It also proposed to install a root barrier type product to mitigate the impact of existing tree root that have damaged the existing pathway  Reconstruction Pathway along the north side of School Boulevard from Edmonson Avenue to Fallon Avenue: This will involve removing the existing pavement within the pathway and replacing it with 3-inches of bituminous pavement. Boulevard tree plantings along both sides of School Boulevard are proposed to be incorporated within the project. The location and type of the trees will be reviewed during the design phase of the project and will take into account avoiding interfering with existing signs and street lights. In addition, considerations will be made to comply with Great River Energy clearance requirements. The total estimated project cost for the mill and overlay improvements, including the Texas underseal, along School Boulevard is $543,100. The pathway improvement costs along School Boulevard are estimated at $91,400. The total project cost is estimated at $634,500. These costs include a 10% contingency and 22% for legal, engineering, administrative, and financing costs. Funding sources for the proposed improvements include special assessments to the school district, Municipal State Aid, and a future bond issue to finance the project. City Council Agenda: 02/09/15 2 Staff met with the school district to discuss the improvements and their proposed assessments. They are considering widening their driveway access at the high school and improving the access at Eastview Elementary School. Staff will be working with them during the design process for the project and may include these improvements with the project with these costs being assessed to the school district. Additional properties fronting the roadways are not being considered to be assessed, as these properties do not have direct access to School Boulevard and consist of rear-yard frontages. Construction is planned to occur this summer when school is not in session. A1. Budget Impact: As noted above, the preliminary cost estimate for constructing the proposed improvements in 2015 is $634,500. This includes a 10% contingency and 22% for indirect costs. The estimated costs to prepare final plans and specifications is $25,000, which is included in the project cost Funding sources for the proposed improvements include special assessments to the school district, Municipal State Aid, and a future bond issue to finance the project. A2. Staff Workload Impact: WSB will prepare the plans and specifications with input from City staff. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution #2015-008 ordering the project and authorizing preparation of plans and specifications for School Boulevard Improvements, City Project No. 14C003. 2. Motion to deny adoption of Resolution #2015-008 at this time. C. STAFF RECOMMENDATION: City staff recommends approving Alternative #1 for the reasons noted in the feasibility report. D. SUPPORTING DATA: Resolution #2015-008 CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA RESOLUTION NO. 2015-008 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR SCHOOL BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 14C003 WHEREAS, a resolution was adopted by the City Council on January 26, 2015, accepting the Feasibility Report with reference to proposed improvements to School Boulevard between Fenning Avenue and Edmonson Avenue and portions of the adjacent pathway, including the rehabilitation of streets, curb and gutter, pathways, and other appurtenant work; and, WHEREAS, a resolution was adopted by the City Council on January 26, 2015, calling for a Public Hearing on February 9, 2015, where the Council shall consider the proposed improvements in accordance with the feasibility reports and the assessment of abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429; and, WHEREAS, on January 29th, 2015 and February 5th, 2015, the City published notice of a Public Hearing to be held on February 9th, 2015, to consider ordering improvements for said project; and, WHEREAS, on January 28th, 2015, affected property owners were mailed a notice of the Public Hearing to be held February 9th, 2015; and, WHEREAS, at said hearing there was available a reasonable estimate of the amount to be assessed and a description of the methodology was presented. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota as follows: 1. Said improvements are necessary, cost-effective, and feasible as detailed in the Feasibility Reports at an estimated cost of $634,500. It is advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made. 2. WSB & Associates, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvements. 3. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this resolution ordering said improvements. ADOPTED BY the Monticello City Council this 9th day of February, 2015. CITY OF MONTICELLO ________________________________ Brian Stumpf, Mayor ATTEST: _________________________________ Jeff O’Neill, City Administrator City Council Agenda: 02/09/15 1 7B. Consideration of adopting Resolution #2015-009 ordering the project and authorizing preparation of plans and specifications for Fallon Avenue and 85th Street Improvements, City Project No. 14C003 (SB) A. REFERENCE AND BACKGROUND: At the January 26, 2015 City Council meeting, the Council accepted the feasibility report and called for the public hearing for street improvements along Fallon Avenue and 85th Street along with extending the pathway along Fallon Avenue. This project consists of roadway improvements along Fallon Avenue and 85th Street along the Hunters Crossing Development, and along 85th Street between TH 25 and Edmonson Avenue within the City limits. The project also includes extending a pathway along the west side of Fallon Avenue from Hunters Crossing Park to Farmstead Avenue. The following proposed street improvements were identified in 2012 as part of the City’s Rural Road Improvement program and were included with the City’s 2015 Capital Improvement Plan. Fallon Avenue/85th Street Improvements (between Farmstead Avenue and Eisele Avenue): In 2012, the City reclaimed and paved Fallon Avenue from School Boulevard to the power line corridor, just south of Farmstead Avenue. The remaining segment of Fallon Avenue and 85th Street, totaling approximately 2,600 feet and borders the Hunters Crossing development, has been evaluated including pavement cores taken. It is recommended to complete a 1.5-inch bituminous overlay at this time in order to extend its useful life prior to a more significant improvement needed, such as reclamation and paving or widening to an urban section with curb and gutter. Although this roadway could be overlaid at a later time, it is timely to complete the overlay now to complete the rural road street improvements in the south section of the City along with the proposed 85th Street Improvements described below. 85th Street (between TH 25 and Edmonson Avenue within City limits): MnDOT will be reconstructing approximately 700 feet of 85th Street from TH 25 to the east and adding turn lanes at the intersection in 2015 as part of the TH 25 expansion project. It is timely to complete the remaining street improvement on 85th Street from this point to approximately 900 feet west of Edmonson Avenue within the City limits. The remaining length of the roadway proposed to be completed as a City project is approximately 3,400 feet. The easterly 1,700 foot segment of 85th Street west of Edmonson Avenue is in poor condition as confirmed by the inspection ratings and pavement cores recently taken. Recommended improvements to this segment of roadway include reclamation and bituminous paving. The westerly or middle 1,700 feet of the roadway was evaluated and it is recommended to complete a 2-inch bituminous overlay. It should be noted that MnDOT will be closing 85th Street for an estimated six to seven week period in May and June 2015 in order to construct the widening of the east half of TH 25 and the 85th Street turn lanes. It would be timely to complete the remaining 85th Street improvements during this period. City Council Agenda: 02/09/15 2 Completing the above street improvements in 2015 will complete major rural road street improvements in the south section of the City between TH 25 and Jason Avenue and would be a continuation of the Rural Road program initiated in 2012. The City has several street reconstruction projects slated in the upcoming years, and it makes sense to complete these rural road improvements sooner than later if funding is available. The remaining roadways to be improved as identified in the Rural Road program include: Gillard Avenue, 95th Street NE, Haug Avenue, and 90th Street NE in the northeast section of the City and 90th Street in the southwest section of the City. Fallon Avenue Trail Extension: Residents of the Hunters Crossing development submitted a petition to the City Council at the October 27, 2014 Council meeting requesting extension of a “pathway to connect the Hunters Crossing development to the path leading to Pioneer Park on Fallon.” Residents in this area were concerned about safety with students walking on the roadway with no separated pathway to accommodate pedestrians. The Park Commission identified the pathway extension improvements as one of their top four priority projects for 2015, including the construction of the Hunters Crossing Park, which Council authorized on October 27, 2014. The City’s Park and Pathway Plan identifies a pathway along Fallon Avenue as a secondary pathway route to provide access and connectivity to the community-wide park and pathway systems. In addition, staff identified this pathway extension in the City’s Capital Improvement Plan for 2015. There is an existing pathway that extends along Fallon Avenue from Pioneer Park to Farmstead Avenue to which the proposed trail will connect. It is proposed to extend an 8- to 10-foot wide bituminous pathway, approximately 1,200 feet in length, along the west side of Fallon Avenue from Farmstead Avenue to 87th Street. A boulevard will be provided between the pathway and the road from 87th Street north to the existing wetland. From the existing wetland to Farmstead Avenue, the pathway is proposed to be constructed adjacent to the roadway edge, with no boulevard. Striping between the roadway edge and pathway will be installed to delineate the pathway from vehicular traffic. The pathway will need to shift to the roadway edge in this area to minimize wetland impacts, conflicts with transmission line power poles, and impacts to the adjacent oak trees and back yard areas. The wetland impacts in this area will require wetland mitigation with the City purchasing wetland credits. In addition, part of the roadside ditch adjacent to backyard areas in the Klein Farms development will need to be filled in, with storm sewer installed to accommodate construction of the pathway. Staff also reviewed shifting Fallon Avenue to the east to avoid wetland impacts; however, the same wetland system is located on the east side of Fallon Avenue; therefore it would not be feasible or cost–effective to pursue this option. As requested at the January 26, 2015, staff will review the geometrics, grades and drainage concerns at the 90-degree curve where 85th Street and Fallon Avenue converge, during the design phase of the project. The intent of the project is to simply overlay the City Council Agenda: 02/09/15 3 roadway and maintain the existing geometrics, however drainage issues will be addressed with design. It should be noted that this project will be combined with the School Boulevard Improvement Project No. 14C003 to be bid and constructed as one project. A1. Budget Impact: The total estimated cost for the street improvements to Fallon Avenue and 85th Street is $210,900. The total estimated cost for extending the pathway along Fallon Avenue from Farmstead Avenue to 87th Street is $69,100. The total project cost is estimated at $280,000. These costs include a 10% contingency and 22% for legal, engineering, administrative, and financing costs and includes buying credits for the wetland mitigation. The estimated costs to prepare final plans and specifications is $15,000, which is included in the project cost. The pathway portion of the project would be funded from the Closed Bond Fund to be reimbursed with a future street reconstruction bond sale. It should be noted that Fallon Avenue and 85th Street within this project are “line roads” as defined within the Orderly Annexation Agreement with Monticello Township, meaning the centerline of the road forms the political boundary between the City and the Township. When the Orderly Annexation Agreement was adopted in May of 2005, these line roads became the City’s sole responsibility to both maintain and improve. The Township is therefore not required to contribute funding for the proposed improvements and as such, staff will not be requesting funds from the Township for these improvements. However, a public hearing notice on the project was sent to benefitting Township properties which will provide the latitude to levy an assessment against these properties at such time that annexation occurs. If annexation of a benefitting Township property occurs, it is likely to happen at the time the property is developed. Under this scenario, the City could have the opportunity to incorporate the assessment into a future development agreement. Funds for reconstructing Fallon Avenue and 85th Street were collected from the Hunters Crossing development and funds for reconstructing 85th Street were collected from the Featherstone development and allocated to the Capital Project Fund that could be used to fund the street portion of the project. Future development of the Featherstone property will generate additional funds for the reconstruction of 85th Street. A2. Staff Workload Impact: WSB will prepare the plans and specifications with input from City staff. City Council Agenda: 02/09/15 4 B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution #2015-009 ordering the project and authorizing preparation of plans and specifications for Fallon Avenue and 85th Street Improvements, City Project No. 14C003. 2. Motion to deny adoption of Resolution #2015-009 at this time. C. STAFF RECOMMENDATION: City staff recommends approving Alternative #1 for reasons noted herein. D. SUPPORTING DATA: Resolution #2015-009 CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA RESOLUTION NO. 2015-009 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR FALLON AVENUE AND 85TH STREET IMPROVEMENTS, CITY PROJECT NO. 14C003 WHEREAS, a resolution was adopted by the City Council on January 26, 2015, accepting the Feasibility Report with reference to proposed improvements to Fallon Avenue and 85th Street, including the rehabilitation of streets, pathway extension along Fallon Avenue, and other appurtenant work; and, WHEREAS, a resolution was adopted by the City Council on January 26, 2015, calling for a Public Hearing on February 9, 2015, where the Council shall consider the proposed improvements in accordance with the feasibility reports and the assessment of abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429; and, WHEREAS, on January 29th, 2015 and February 5th, 2015, the City published notice of a Public Hearing to be held on February 9th, 2015, to consider ordering improvements for said project; and, WHEREAS, on January 28th, 2015, affected property owners were mailed a notice of the Public Hearing to be held February 9th, 2015; and, WHEREAS, at said hearing there was available a reasonable estimate of the amount to be assessed and a description of the methodology was presented. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota as follows: 1. Said improvements are necessary, cost-effective, and feasible as detailed in the Feasibility Reports at an estimated cost of $280,000. It is advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made. 2. WSB & Associates, Inc., is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvements. 3. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this resolution ordering said improvements. ADOPTED BY the Monticello City Council this 9th day of February, 2015. CITY OF MONTICELLO ________________________________ Brian Stumpf, Mayor ATTEST: _________________________________ Jeff O’Neill, City Administrator CityCouncilAgenda:02/09/14 1 7C.Considerationofapprovingacost-sharingplanforsanitarysewerrepairsat413 WestBroadway(PID155-010-049080)(MT/SB) A.REFERENCEANDBACKGROUND: CityCouncilisaskedtoconsiderauthorizingcompensationforaportionofthecostof repairstothesewerserviceat413WestBroadwayasrequestedbythepropertyowner. WhilethecitycodeabsolvestheCityofanyliabilitytorepairthesewerserviceonce connectedtotheproperty,perCityOrdinance,TitleVII,Chapter2,Section12-Liability forRepairs(includedinsupportingdata),thepropertyownerbelievesthattheirsewer servicewascompromisedduringtheCSAH75Improvements,CityProject2000-16C. Thismaybetrue,butthereareseveralunknownsinmakingthisdetermination.Staffis recommendingpaying50%ofthecostinlightofthepossibilitythatthedamagewas causedbyconstructionactivity.ThepropertyownerrequeststhattheCitypayfor75% ofthecost.Thecircumstancesleadingtothesanitarysewerserviceproblemsaredetailed below: •November12,2014:Sewerbackupinbasement •November13,2014:PropertyownercontractedwithRoto-Rootertoopenupthe sewerservice.Intryingtoopenupsewerline,theircutterbecamestuckbygoing throughacollapsed90-degreebendinthemiddleofWestBroadwaylocated underthemedianisland. •November21,2014:PropertyownercontractedwithBrentesonCompaniesInc. ofBigLaketorepairbrokensewerserviceandreplaceoldgalvanizedwaterline withnew1inchcopper.Totalrepaircostwas$12,160(itemizedbillincluded withsupportingdata). •December8,2014:Propertyowner’sroommateattendedtheCityCouncil MeetingandrequestedtheCity’sassistanceinpayingforthebill.Council directedCitystafftomeetwiththepropertyownerandcometoanagreementon afairamountofcompensation. •December23,2014:CitystaffWayneObergandMattTheisenmetwiththe propertyowner,theowner’sroommate,andMattBrentesontodiscussthebill. Excludingthereplacementofthewaterservice,thesewerrepairstotaled$9,250. Citystaffproposedtothepropertyownertocontribute50%ofthecostofthe sewerrepairportionofthebillandpayforrepairing14.5’ofsidewalk,15’of curbandlandscapingwork.TheCitywouldallowthepropertyownertohavethe optionofpayingtheir50%shareofthebill($4,625)throughanassessment agreementovera5or10yearperiod.Anassessmentagreementandwaiverof hearingwouldbepreparedbyFinanceDirectorWayneObergandthehomeowner withinterestandtermstobedeterminedatthattime. •January26,2015:Thepropertyownerrequesteda75/25costshare,withthe Citycovering75%ofthesewerrepairsintheamountof$6,937.50andtheowner toberesponsiblefor25%intheamountof$2,312.50withtheoptiontobe assessed.Thiswouldalsorequireanassessmentagreementandwaiverofhearing tobepreparedasidentifiedabove. CityCouncilAgenda:02/09/14 2 Thepropertyownerbelievesthe90-degreebendthatcollapsedinthemiddleofthe medianislandwasduetotheCSAH75ImprovementProjectin2002andallthe vibrationfromongoingtrafficonCSAH75overtheyears.Thepropertyownerfeels thattheCityshouldhavereplacedtheentireservicelinefromthemaintotheirproperty lineinsteadofonlycompletingspotreplacementswhereexcavationwastakingplace withintheproject.Underthesecircumstances,thehomeownerfeelstheCityshouldbe responsibleforalargershareofthecostofrepairs. TheCity’sprojectin2002includedreplacingsewerservicesonlywhereitconflicted withotherutilityworkfortheproject.Haditbeenknownthattheservicewascollapsed priortotheproject,thentheentireservicewouldhavebeenreplacedfromthemaintothe propertylineatthepropertyowner’sexpense. Staff’spositionisthatthereareseveralunknownsonwhythesewercollapsedand thereforeisrecommendingtheCitypay50%ofthesewerrepairbilltotaling$4,625.00, withtheremaining50%assessedtothepropertyowner,basedonthefollowingpoints: •Thepropertyownerandpublicworksstaffdonotrecalliftheservicewas televisedpriortoconstruction;propertyownerswerenotifiedinadvanceofthe projectandgiventheoptiontohavetheCitytelevisetheirservice.Assumingit wasnottelevised,asoptedbythepropertyowner,wewouldnothaveknownif therewasanexistingissuewiththesewerservice.Ifithadbeentelevisedandthe collapsedservicewasidentified,thenitwouldhavebeenreplaced.Ineithercase, thecostwouldhavebeenentirelyatthepropertyowner’sexpense. •Thesewerlinecouldhavecollapsedduetovibrationfromconstructionequipment fromtheproject;however,theexcavationlimitsoftheprojectwereatleast12 feetawayfromthesewerservice.Excavationswenttoa9-footdepthandthereby didnotreachthe12-footdeepcollapsedservicelocatedinthecurrentmedian area.Therefore,itisdifficulttodetermineifvibrationcouldhavecausedthepipe tocrackand/ordeteriorateovertimeandtocollapse12yearslater. •Approximately80servicesweretelevisedpriortotheprojectconstructionas requestedbypropertyowners.14servicelineswerereplacedaspartoftheproject withtheentirecostassessedtothepropertyowner.Anotherpropertyhada servicelineissuesimilarto413WestBroadwaywhichwasidentifiedby televisingtheservice,attherequestoftheowner,priortotheproject.That propertywasassessedover$5,000fortherepair.Therefore,itislikelythat,had thecollapsedservicebeenidentifiedatthetimeoftheproject,thepropertyowner wouldhavebeenassessedapproximately$5,000in2002.Thisamountisinline withtheproposed$4,625costsharethatisrecommendedforthepropertyowner forthecurrentsewerrepairs. ItshouldbenotedthatPublicWorkshasadocumentedprocessfortelevisingand repairingservicelinesinconjunctionwithrecentstreetconstructionprojectstoassistin addressingthesepotentialissuesinthefuture. CityCouncilAgenda:02/09/14 3 ItshouldalsobenotedthatRotoRooter’scutterwasnotthecauseofthecollapsedpipe asdeterminedrecentlywithtelevisingthesewerserviceandmainline. A1.BudgetImpact:Anamountof$4,625isrequestedtocover50%ofthecostof thesewerrepairat413WestBroadway.Thisamountcouldbefundedfromthe SewerFund,MiscellaneousProfessionalServicesbudget.Thesidewalk/curb repairandshrubreplacementinthemedianisestimatedat$400andcouldbe takenfromtheSewerFund,GeneralOperatingSupplybudget. A2.StaffWorkloadImpact:Stafftimetodateincludes16hourslocatingand inspectingontheprojectandanotherestimated16hourstoreplacethesidewalk andcurbandtoplantshrubsinthemedian. B.ALTERNATIVEACTIONS: 1.Motiontoapprovea50/50costsharingagreementwiththepropertyownerat413 WestBroadwayforthesewerlinerepair,toauthorizepaymentof$4,625to BrentesonCompanies,andtodirectstafftoreplacethesidewalkandcurband plantshrubsinthemedianatanestimatedcostof$400. Underthisoption,FinanceDirectorWayneObergisauthorizedtopreparean assessmentagreementandwaiverofhearingwiththepropertyownertoassessthe propertyintheamountof$4,625withinterestandtermstobedetermined.An assessmentagreementwouldbebroughtbacktoCouncilforadoptionby resolution. 2.Motiontoapprovea75/25costsharingagreementwiththepropertyownerat413 WestBroadwayforthesewerlinerepair,toauthorizepaymentof$6,937.50to BrentesonCompanies,andtodirectstafftoreplacethesidewalkandcurband plantshrubsinthemedianatanestimatedcostof$400. Underthisoption,FinanceDirectorWayneObergisauthorizedtopreparean assessmentagreementandwaiverofhearingwiththepropertyownertoassessthe propertyintheamountof$2,312.50withinterestandtermstobedetermined.An assessmentagreementwouldbebroughtbacktoCouncilforadoptionby resolution. 3.Motiontodenyacost-sharingagreementbetweentheCityandpropertyownerfor thesewerservicerepairat413WestBroadway. C.STAFFRECOMMENDATION: Basedonthereasonsnotedabove,CitystaffrecommendsAlternative#1,forapprovalof a50/50costshareforthesewerlinerepairat413WestBroadwayandauthorizecitystaff toreplacethesidewalkandcurbandplantshrubsinthemedianinthespringof2015at anestimatedcostof$400.Ifthepropertyownerpreferstobeassessedforhershare, CityCouncilAgenda:02/09/14 4 CouncilshouldauthorizetheFinanceDirectortoprepareanassessmentagreementand waiverofhearingwiththepropertyowner. D.SUPPORTINGDATA: A.Sewerservicelayoutof413WestBroadway B.CityCode7-2-12:LiabilityForRepairs C.UtilityExcavationPermittoBrentesonandinspectionrecorddated12/11/2014 D.ItemizedbillfromBrentesonforthesewer/waterrepairsat413WestBroadway E.50/50costsharingproposalforthesewerrepairsat413WestBroadway F.75/25costsharingproposalforthesewerrepairsat413WestBroadway G.AssessmentRollforCSAH75Improvement,CityProjectNo.2000-16C H.AssessmentRollfor2010StreetReconstruction,CityProjectNo.10C001 I.StandardDetailPlateforTypicalServiceConnectionforRCPSanitarySewer J.Photosofsewerandwaterrepairworkat413WestBroadway K.ExcerptofCityCouncilMinutesfrom12/8/14