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City Council Agenda Packet 10-13-2008AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday October 13, 2008 - 7 p.m. NOTE: Special Meeting: 4:45 FiberNet Monticello Project. Special Meeting to review Highway 25/River Street intersection design modification alternatives - 5:30 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2A. Approve minutes of September 22 2008 Special Meeting -Transportation Plan. 2B. Approve minutes of September 22, 2008 Regular Meeting. 2C. Approve minutes of September 30, 2008 Special Meeting. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and DMV. B. REMOVED FROM AGENDA. C. Consideration of adopting a resolution for a special assessment agreement with Master 5th Avenue Inc. for 617 Locust Street. D. REMOVED FROM AGENDA. E. Consideration of approval administrative lot split for Chadwick property. F. Consideration of approving resolution of bond redemption for the 2003A General Obligation Improvement Bonds, 2000B General Obligation Improvement Bonds and 1999 General Obligation Improvement Bonds. G. Consideration of authorizing preparation of preliminary assessment rolls for Kevin Longley Drive and Jerry Liefert Drive Street Improvements, City Project No. 2008- 1 OC. H. Consideration of adopting updated cable commission agreement and consideration of withdrawing from Cable Commission. I. Consideration of ratification of Charlotte Gabler as a member of the Industrial Development Committee. Agenda Monticello City Council October 13, 2008 Page 2 Consideration of establishing Park Maintenance Laborer position and authorize filling this position with a qualified internal candidate. 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of approval of community garden concept. 8. Consideration of approving payment of bills for October, 2008. 9. Adjourn ow ao a~ wa U a' H w H~ zo OU ~ a [.. ~ cn o~ ~ a y+ o U H~ H I Uu1CY. 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Mayor Herbst called the meeting to order at 5 p.m. The purpose of the workshop was to discuss the draft Transportation Plan for the City of Monticello. 2. Transportation Plan. City Engineer, Bruce Westby opened the meeting explaining the workshop structure and indicating they would cover three segments: 1) The results of the River Street closing; 2) Transportation Plan update and 3) TH 25 corridor. Bruce Westby stated the River Street closure has been in effect for over 60 days having closed on July 14, 2008. The closing of River Street was a pilot project for the purpose of gathering data. Comments were solicited from residents and business owners. Thirty-two a-mail comments were received with 21 one being in favor of the closure and 11 against it. If the Council wants to make the closing permanent staff would hold a public meeting. Alternatives to a full closure would also be looked at. If River Street becomes a closed intersection, Wright County could request some modifications along CSAH 75. Clint Herbst asked if the County indicated how the county would expect to address access to the businesses. Bret Weiss said the County had not talked about alternatives since the initial closing. The Public Works Department placed the speed trailer on River Street, Broadway East and West and along TH 25. The speed on Broadway West before the closing of River Street was 29 mph and after the closing it was 35 mph. On River Street before the closing the speed limit was 26 mph and after the closing it was 21 mph. Chuck Rickart, WSB and Associates, Inc. spoke on the transportation plan also addressing the River Street closure. Factors that were looked at in considering closing River Street included: 1) Cut through traffic; 2) Speed; 3) Increase in congestion at TH 25/CSAH 75 intersection and 4) Safety. There are different alternatives that could be considered if River Street is closed permanently: 1) Full closure of the intersection; 2) A 3/ intersection; and 3) Right in/right out. Chuck Rickart pointed out on the east side of River Street/TH 25 intersection there is a sight problem because of the location of the building in that area that would impact what the City could do if they utilized the right in/right out option. The City could look at a combination of the options and Chuck Rickart indicated the possibility exists of closing River Street on the blocks further to the east and west of the TH 25 intersection. Council Minutes: 9/22/08 Special Meeting After closing River Street traffic counts were taken in August and again in September. Chuck Rickart reviewed the results of the traffic counts. Traffic on TH 25 went up by 2500 vehicles per day; Broadway went up to 11,000 vehicles a day and Cedar Street remained the same. Chuck Rickart noted that prior to the closing of River Street the TH 25/CSAH 75 intersection was a service level D. In the period River Street was closed the intersection fell to a service level E. Looking at overall operations of TH 25 closing the intersection at River Street had minimal impact in the drive time from I-94 to County Road 11. Chuck Rickart said there axe some timing issues that have to be taken care of at the County Road 11 signal. Chuck Rickart indicated that it was in the state program to redo the signal at the intersection of TH 25 and CSAH 11. Chuck Rickard also stated that since County Road 18 interchange is in place the signals need to be re-timed. The state will be doing a milling project on TH 25 and some of these items will be included as part of the project Brian Stumpf felt without another river crossing or other major changes the City is not going to change the movement of traffic because the river is a bottleneck. It is projected that by 2030 45,000 cars a day will be crossing the TH 25 bridge. At this time the Council allowed those present an opportunity to speak on the River Street closing. Chuck Rickart noted there were comment cards available for those who did not wish to speak but did have comments or questions on the various transportation issues. Clint Herbst emphasized that much of this is preliminary with the City primarily gathering data to use in decision making. Steve Johnson, a property owner in the downtown area, stated the business owners had come up with a petition which they are submitting to the Council. He outlined the objections they had to the closing of River Street and requested the Council reopen the street. They felt the closing of River Street did not better the movement of traffic and had significant financial impacts for the downtown businesses. Steve Johnson suggested eliminating through traffic from Locust Street to the west and from Cedar Street to the east. He felt this option would reduce traffic through the residential area. Clint Herbst said one of the goals was to pull traffic off of River Street. He also felt that the traffic from Becker and Big Lake traveling on TH 25 was not stopping to do business in Monticello. Steve Johnson said he did not disagree with that but he felt closing River Street did impact circulation to local businesses Dean Rasmussen spoke regarding his business at 101 West Broadway. He relocated to that site because of the exposure. A good portion of his employees live north of TH 25 and they would access the road by River Street. He complained about people cutting through the alley behind his building. He would like more input from the residents and business owners before a decision is made. Kathleen Froslie, a business owner at the intersection of River Street and TH 25 stated that closing off River Street limits the access to her business. She felt it was important not to destroy the heart of Monticello which she felt was the downtown area. She said the downtown area is like a ghost town. While she understands residents are pleased with the closing of River Street because of the reduced traffic she felt for the small businesses it was a struggle. She also talked about vehicles cutting across the space behind the buildings which she felt was a serious problem. She stated she needs to fill her tenant space in order to generate the revenue to pay her taxes. She questioned whether the downtown can 2 Council Minutes: 9/22/08 Special Meeting continue as a business area. Kathleen Froslie felt that something needs to be done for the small business person as far as incentives or tax rebates. Wayne Mayer asked where the traffic that was cutting through was going. Was it going east or west? Dean Rasmussen said traffic is mostly travelling to the west. Wayne Mayer asked if he thought it was residential traffic. Dean Rasmussen thought a lot of the traffic was from the energy plant. Josh Dickinson, Old Skool Kustoms said people are frustrated with the traffic and expressed his concern about safety issues. There has been less vehicle traffic in front of his shop and his revenues have declined by $10,000. John Simola, Public Works Director, spoke regarding the closing of River Street and the different views of the closing presented to the Council. He too emphasized that the bottleneck is the river. The City still needs to deal with Sherburne County with the traffic coming over the bridge. He stated traffic at peak hours is backed up past the Post Office. He felt there is a need to compromise. Is there some way to restrict access to River Street but still provide access to the businesses. Clint Herbst felt there were many pieces of the puzzle that will impact the operation of the intersection. Clint Herbst said the number of people showing up at this meeting shows traffic is an issue. Chuck Rickart said now that they have the before and after traffic counts they can look at implementing some of these items such as re-timing of the lights and reconfiguration of the lanes. Bob Somerville, 213 East River Street said he approved the closure of River Street for the traffic factor especial on Friday nights. He suggested making River Street going towards the nursing home a one way street. It would reduce the speed of westbound traffic on River Street. Clint Herbst suggested one way traffic for the first block or two would be an option. Chuck Rickart discussed the Transportation Plan noting it is a planning tool for the City to look at. It is the big picture of transportation issues and needs that the City is impacted by. He added that TH 25 was identified as an issue in past transportation plans. The proposed transportation plan uses the old transportation plan for the basis and updated items such as the roadway classification used. WSB and Associates also looked at the City's land use plan as well as the land use plan for Big Lake. They identified needs and improvements and then looked at funding sources for these improvements. The plan includes collection road system; interchange, river crossing, pedestrian bike plan, transit plan and funding and financing of improvements. Chuck Rickart stated that the Fallon Avenue overpass has been in the plan for many years. The Fallon Avenue overpass has to be completed before any other interchange can be added. This overpass is meant to take the internal traffic off the major roadways. The County Road 39 interchange was not included in the previous transportation plan but since it is something the City wants to look at it will be included in this plan. After the Transportation Plan is approved the engineers will look more closely at different interchange locations before going to MnDOT and FHWA with these locations. The Orchard Road interchange location was included in the previous plan. Bret Weiss said at a previous Council Minutes: 9/22/08 Special Meeting meeting the Council looked at some options for the County Road 39 location. MnDOT requires that the City look at all options when determining a location for an interchange. Going through the golf course was not a serious option that was being considered but it was one option that MnDOT required the city to look at. Chuck Rickart said Orchard Road was similar and that a number of alternatives were looked at when studying that site. Clint Herbst said that in previous discussions with Xcel Energy about an interchange location Xcel Energy was opposed to anything in close proximity to their facility. Bob Sartoris, 1115 Club View Drive asked who specifically brought this project to the City Council. Clint Herbst responded that he had brought the issue to the Council and asked that it be looked at. Bob Sartoris asked about cost estimates for the interchange alternatives. He noted his concerns with an interchange proposal that would impact the golf course and a townhome home development for senior citizens. Clint Herbst reiterated at this point the City is gathering information and input and has not made any decision. Clint Herbst said if the City doesn't identify the need for the interchange and an area for its location early on, it will be difficult for the City find to find developable property that can be assessed for the improvement. Bob Sartoris questioned whether there would be any benefitting property owners. Bret Weiss said when they looked at the Orchard Road site as a possible interchange location they also looked at the County Road 39 site. There are some severe limitations to utilizing the County Road 39 site. Rick Traver, representing the Monticello Country Club, stated 65% of their business comes from outside the community and utilizes other facilities within city such as restaurants, gas stations, etc. The County Road 39 interchange location would impact their business. He indicated the diamond interchange design would impact their driving range area. The driving range generates $40,000 in revenue a year. Rick Traver added that the golf course business is competitive and changes to their facility because of an interchange could impact them financially. Dan Frie, a member of the Monticello Country Club, felt the County Road 39 interchange location should be removed from the Transportation Plan because it is not realistic. He felt that there were other more important issues to address. He didn't believe retail development would locate in this area as it did with the County Road 18 interchange. He questioned whether the interchange would alleviate congestion so he wondered what the city would hope to accomplish with an interchange in this location. He felt a better site would be the Orchard Road location. Clint Herbst questioned the engineers if the interchange location is not identified in the Transportation Plan could the City still assess it. Bret Weiss felt the City could and added that with the County Road 18 interchange existing businesses were not assessed only undeveloped property was assessed since that property would realize an increase in their land values because of the interchange. Bret Weiss said they could identify a general area in the Transportation Plan and label it as "Future interchange location to be determined." Bret Weiss felt there would be just one interchange in the future since economically two would be unlikely. There are challenges with each of the locations cited. Bret Weiss thought not 4 Council Minutes: 9/22/08 Special Meeting identifying the interchange location in the Transportation plan would not affect whether or not the City could assess the property. Dennis Sullivan, 1201 Golf Course Road, noted that the 7th Street extension was not shown on the Transportation Plan and felt that should be part of the plan. Chuck Rickart stated it was in the previous Transportation Plan and would be included in the updated plan. Michael O'Kelly, 1103 Club View Drive, stated he was surprised by this proposal. He was concerned about anything that would affect the golf course as that was the reason why they moved out here. He suggested River Street going past the Xcel Training facility as an alternative but felt that any interchange would need a crossing of the river in order to alleviate traffic on TH 25. Clint Herbst said staff has been working on the Transportation Plan for some time and it was just recently that the Council asked them to look at the County Road 39 area. Bret Weiss said one option that was looked at would utilize the Xcel ball field location and this option included a river crossing that would align with County Road 11. Bret Weiss emphasized that there were issues with each of the locations that were considered. Mr. O'Kelly said he would like to see the training facility area included as an option. Lynn Dahl Fleming a member of the industrial development committee asked that in their consideration the Council remember the industrial property. The City has an industrial park out in that area that could be impacted by the interchange and related issues. John Rowe, 9 Bunker Circle, said the back of his property abuts on to 7th Street so he is interested in knowing what the plans are for that street. He too felt that a major transportation issue is another river crossing. Bret Weiss aid 7th Street is intended to go through and connect to TH 25. The City was waiting for development of the property so that the developer could contribute towards the right of way and pick up some of the cost of the construction of the road. Bret Weiss stated under current city assessment policy since the Rowe property does not front on 7th Street it would not be assessed for a street improvement. Another resident along Club View Drive stated that if you look at the exits along the freeway there is no an exit that goes directly into a residential site. He stated he represents Pinewood Elementary School. The school staff does many walking field trips within Monticello with their students. If this area opens up to interchange traffic the number of vehicles would increase dramatically. He didn't believe more cars should be sent through a residential area. Clint Herbst said no matter what is done it is going to cost a lot of money so the City is going to be sure they have the best option selected. It takes a good deal of time to study the sites and to get all the necessary approvals. Chuck Rickart added that MnDOT and the FHWA require that you not only look at what is the best site within Monticello but also why that site is better than any location outside the city limits. There are a lot of steps involved in the process. Council Minutes: 9/22/08 Special Meeting Chuck Rickart briefly discussed the river crossing options. These include the Orchard Road extension which would connect with County Road 11, Washington Avenue extension and the CSAH 18 extension. Chuck Rickart indicated that some of these extension would go through residential areas. Clint Herbst felt a river crossing on the east side of Monticello made more sense than a west side crossing. Chuck Rickart said he believes Albertville/Otsego are looking at river crossing further down perhaps somewhere in the area of Kadler or LaBeaux Avenue. Brian Stumpf felt that most of Monticello's growth is to the north and west and questioned a river crossing on the east side of town. Bret Weiss said Sherburne County is planning on the Albertville/Otsego crossing so there maybe greater emphasis on getting this crossing in. Sherburne County is assuming completion of the crossing within the 2030 time frame. Chuck Rickart reviewed the options they were looking at for an interchange and new river crossings and the impacts it would have. Chuck Rickart stated the best bang for the buck would be a crossing east of TH 25 because you will pull more traffic off TH 25. Much of Big Lake's development is taking place east of TH 25 so it is not just what is happening in Monticello but what is happening on the other side of the river that makes east of TH 25 a more logical choice. Wayne Mayer said on the Big Lake side of the river development may be on the east but in Monticello it is the north and west. Susie Wojchouski asked about the proposal of doing computer models with Big Lake so they could see where Big Lake traffic is going once it crosses the river. Chuck Rickart responded WSB designed the plan using the Big Lake land use plan and looking at where Big Lake anticipated their growth would take place. Big Lake believes their growth is going to be in the area of the transit line location. Monticello is impacted by growth issues on the other side of the river. Brian Stumpf cited as an example of this the proposed race track for Big Lake. Chuck Rickart commented that another bridge crossing would provide another conduit for Big Lake traffic. The tentative schedule on the Transportation Plan is to have the preliminary draft of the plan ready in October with a public workshop also scheduled in October. During October and November the Council and Planning Commission along with other agencies would be providing input on the plan. It is hoped the plan would be ready for Council adoption sometime in November or December. Clint Herbst felt it is important to get some alternatives in place for River Street. Brian Stumpf suggested Chuck Rickart talk to MnDOT about the old County Road 75 access to the freeway to see if that could be opened up. Developments such as Sunset Ponds are traveling back to County Road 18 to get on the freeway which is causing traffic congestion. Chuck Rickart responded it was a stipulation with the state that when the County Road 18 interchange was built that this access be closed. 3. Adjourn. Clint Herbst closed the workshop meeting at 6:55 p.m. Recording Secretary 6 Council Agenda: 9/22/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday September 22 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Woj chouski. Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of September 8, 2008 Special Meeting -Budget. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 2008 SPECIAL MEETING RELATING TO THE 2009 BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2B. Approve minutes of September 8, 2008 Regular Meeting. Tom Perrault clarified on the add on item about the crosswalk on School Boulevard that the individual appreciated the fact that the City had put the information out that it is state law that vehicles stop for pedestrians in the crosswalk although the individual still had concerns about the speed of traffic on School Boulevard and the safety of pedestrians. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 2008 REGULAR MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf requested that item #10 on the regular agenda be moved to the consent agenda with the date for Liquor Store Manager interviews set for Tuesday September 30, 2008 at 5 p.m. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor and Engineering. Recommendation: Ratify the hires and departures as identified. B. Consideration of accepting improvements and authorizing final payment for Monticello Business Center (Otter Creek Industrial Park) Grading and Drainage Council Agenda: 9/22/08 Project, City Project No. 2006-18C. Recommendation: Accept the improvement and authorize final payment for the Monticello Business Center (Otter Creek Industrial Park) Grading and Drainage Project, City Project No. 2006-18C. Res. #2008-75. C. Consideration of approving a request for amendment to a conditional use permit for a Planned Unit Development for an expansion of services for a Senior Housing Project in a Performance Zone Mixed (PZM) District. Application: Presbyterian Homes/Mississippi Shores. Recommendation: Amend the conditional use permit for the expansion of Mississippi Shores based on a finding that the proposed addition is consistent with all zoning regulations of the applicable B-3 and PZM Districts. D. Consideration of approving a request for a Conditional Use Permit for a drive-through facility, joint parking and joint access, final plat and development agreement for Riverview Square Second Addition. Applicant: Broadway Market Investors, LLC. Recommendation: Approve the request for a conditional use permit to allow a bank in the Performance Zone Mixed District (PZM), a conditional use permit for adrive-through lane and final plat and development agreement approval for Riverview Square Second Addition based on a finding that the drive-through lane and proposed use are consistent with the intent of the PZM District and underlying B-3 District as well as the requirements of the Broadway Market approval subject to the following conditions: 1) The applicants execute across-parking and access agreement with Broadway Market property owners to ensure proper access and shared parking; and 2) The applicant shall comply with all recommendations of the City Engineer. E. Consideration of approving a request for preliminary and final plat for Monticello Commerce Center Eighth Addition and a request for rezoning from I-lA (Light Industrial) and B-2 (Limited Business) to B-4 (Regional Business). Applicant: I & S Group, Inc. Recommendation: 1) Approve rezoning for Lot 1, Block 1 Monticello Commerce Center 8~' Addition from I1-A, Light Industrial and B-2, Limited Business to B-4, Regional Business based on a finding that the proposed rezoning is consistent with the Comprehensive Plan. 2) Approve the request for preliminary and final plat approval for the plat of Monticello Commerce Center 8'h Addition based on a finding that the proposed plat is consistent with the intent of the B-4 Regional Business subject to the following: 1) Rezoning and plat approvals are considered to be granted upon fee title ownership of the subject site; 2) Internal cross access easements to future development surrounding the Kohl's site must be provided as recommended by the City Engineer. The provision of these accesses may be made as a part of the development agreement; 3) Signage is not a part of preliminary plat approval. The applicant must submit a signage plan as part of a separate review and approval; 4) Submitted landscape plan must be revised to include an additional thirty three (33) overstory trees or equivalent understory plantings; 5) The area adjacent to the loading dock must be landscaped with a layered vegetated screen to run the length including overstory trees, shrubs and perennials; 6) The retaining wall must be a minimum eight (8) feet above finished grade; 7) The developer must provide financial security that guarantees live growth of the plant materials for a two (2) year period from the date of installation; 8) The applicant shall provide a separate trail easement document to encompass the existing trail along the north side of Chelsea Road; 9) The final plat is subject to the review and comment of MnDOT; and 10) The applicant shall comply with 2 Council Agenda: 9/22/08 all recommendations of the City Engineering staff as detailed in the memos of 8/27/08 and 9/9/08. F. Consideration to approve amendments to the EDA Business Subsidy Criteria (Greater Monticello Enterprise Fund). Recommendation: Approve the amended Greater Monticello Enterprise Fund (GMEF) Business Subsidy Criteria. G. Consideration to approve an encroachment agreement for the 4th Street right of way. Recommendation: Approve the encroachment agreement as related to the 4th Street Right of way. H. Consideration of adoption of resolutions for special assessment agreements for Mills Properties, Inc. and M&B of Monticello for the Chelsea Road Reconstruction Project, City Project No. 2006-31C. Recommendation: approve adopting resolutions for special assessment agreements for Mills Properties, Inc. and M&B of Monticello (Suburban Manufacturing) for the Chelsea Road Reconstruction Project. I. Consideration of adopting a resolution supporting I-94 corridor expansion funding. Recommendation: Adopt a resolution supporting I-94 corridor expansion funding. Consideration of granting a decrease to the individual pension for Volunteer Firefighters Relief Association Members. Recommendation: Grant the decrease of benefit level to $3,500 for 2008. K. Selection of date and times for Liquor Store Manager interviews. Recommendation: Schedule Tuesday September 30th beginning at 5 p.m. for conducting second interviews for the position of liquor store manager. Items #SD, #SE, #SF, #SI and #SJ were pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #SA, #SB, #SC, #SG, #SH AND THE ADDITION OF #10 FROM THE REGULAR AGENDA AS #SK. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. #SD Conditional Use Permit, preliminary and final plat for Riverview Square Second Addition: Clint Herbst pulled this item because of the number of trees that were being required of developments in the business district. Clint Herbst felt there is a difference if the business is located adjacent to a residential district where the trees would be serving as screening between the residential and business uses or if the business is adjacent to other commercial uses. The commercial property needs exposure and the excessive landscaping requirements may reduce the exposure. City Planner, Steve Grittman stated this provision of the ordinance has been applied to all development but if the City wants to look at changing this provision of the ordinance that could be done. Susie Wojchouski concurred that the City went overboard and this requirement should be reduced. Council Agenda: 9/22/08 Clint Herbst felt the City needs to flexibile with this requirement. Brian Stumpf suggested revising this provision of the ordinance. Steve Grittman commented that few developers have complained about complying with this requirement. He did suggest that since other communities have different landscaping/tree requirements staff could look at these and bring this back to Council. CLINT HERBST MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A BANK IN THE PERFORMANCE ZONE MIXED DISTRICT (PZM), A CONDITIONAL USE PERMIT FOR ADRIVE-THROUGH LANE AND FINAL PLAT AND DEVELOPMENT CONTRACT APPROVAL FOR RIVERVIEW SQUARE SECOND ADDITION BASED ON A FINDING THAT THE DRIVE THROUGH LANE AND PROPOSED USE ARE CONSISTENT WITH THE INTENT OF THE PZM DISTRICT AND UNDERLYING B-3 DISTRICT AS WELL AS THE REQUIREMENTS OF THE BROADWAY MARKET APPROVAL AND SUBJECT TO 1) THE APPLICANTS EXECUTING ACROSS-PARKING AND ACCESS AGREEMENT WITH BROADWAY MARKET PROPERTY OWNERS TO ENSURE PROPER ACCESS AND SHARED PARKING; AND 2) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 #SE Preliminary and Final Plat approval and rezoning for Monticello Commerce Center 8th Addition: The property is located between Chelsea Road and I-94 west of County Road 18. At the present time the east part is zoned B-1 and the west part is zoned I-lA. It is proposed to rezone the property to B-4. Planning Commission discussion focused on design elements of the proposal. The proposed use is a permitted use in the B-4 zoning district. The Planning Commission had other comments concerning the plat and those conditions are listed on Exhibit Z. Charlie Pfeffer spoke to the Council regarding the language in the agreement referenced in Exhibit Z and other staff reports. His concern was that they are mandated into cross access easements. Both the property owner and Kohl's would like the language about cross access easements revised. At this time they are not prepared to sign off on the agreement as it relates to cross access easements. Charlie Pfeffer explained when the Kohl's proposal is approved, they will be coming forward with a planned unit development proposal containing two four-way stop intersections on Chelsea Road for the remaining 12 acre lot. The 12 acre parcel will be split into smaller lots with private drives. He felt #2 on Exhibit Z should read: "Internal cross access easements to future development surrounding the Kohl's site are permissible." City Attorney, Joel Jamnik pointed out that there are documents that also reference this provision and if the Council agrees to the change to #2 in Exhibit Z the other documents would have to be changed to reflect that as well. There was some discussion on the need for the cross easements and why staff felt this was necessary. Charlie Pfeffer stated they had no problem with the three accesses for the Kohl's site but they don't know what will develop west of Kohl's. They don't want to be mandated into a situation without knowing what the results will be. Charlie Pfeffer also questioned if #5 on Exhibit Z which states the area adjacent to the loading dock must be landscaped could be deferred until site plan approval. Steve Grittman noted this provision related to landscaping that would build up the screening by the loading area. Clint Herbst asked if this could be taken out and the landscaping plan be looked at later. Scott Burkus from Kohl's also questioned the wording that the "area adjacent to the loading dock must be 4 Council Agenda: 9/22/08 landscaped." The area adjacent to the loading dock is sidewalk. They would like to negotiate where the landscaping would be located. Steve Grittman stated they could add that the location of the landscaping could be determined at a future date. Lastly Charlie Pfeffer brought up #10 on Exhibit Z and noted if the Council approved the change to item #2 the staff memos referenced would have to be revised to reflect that change. Tom Perrault had questions about striping of accesses and whether there was adequate room for the flow of traffic. WAYNE MAYER MOVED TO APPROVE REZONING FOR LOT 1, BLOCK 1 MONTICELLO COMMERCE CENTER FROM I-lA, LIGHT INDUSTRIAL AND B2, LIMITED BUSINESS TO B-4 REGIONAL BUSINESS BASED ON A FINDING THAT THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 SUSIE WOJCHOUSKI MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR MONTICELLO COMMERCE CENTER 8TH ADDITION BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE INTENT OF THE B-4 REGIONAL BUSINESS AND SUBJECT TO THE FOLLOWING CONDITIONS BUT WITH REVISIONS TO #2 RELATING TO CROSS EASEMENTS; #5 ADDING THAT THE LOCATION OF THE LANDSCAPING WILL BE DETERMINED AT A LATER DATE AND #10 THAT THE MEMOS REFERENCED BE REVISED TO REFLECT THE CHANGES MADE IN CONDITIONS #2 AND #5: 1) REZONING AND PLAT APPROVALS ARE CONSIDERED TO BE GRANTED UPON FEE TITLE OWNERSHIP OF THE SUBJECT SITE; 2) INTERNAL CROSS ACCESS EASEMENTS TO FUTURE DEVELOPMENT SURROUNDING THE KOHL'S SITE ARE PERMISSIBLE; 3) SIGNAGE IS NOT A PART OF PRELIMINARY PLAT APPROVAL AND APPLICANT MUST SUBMIT A SIGNAGE PLAN AS PART OF A SEPARATE REVIEW AND APPROVAL; 4) SUBMITTED LANDSCAPE PLAN BE REVISED TO INCLUDE AN ADDITIONAL THIRTY-THREE OVERSTORY TREES OR EQUIVALENT UNDERSTORY PLANTINGS; 5) THE AREA ADJACENT TO THE LOADING DOCK MUST BE LANDSCAPED WITH THE LOCATION OF THE LANDSCAPING TO BE DETERMINED AT A LATER DATE; 6) THE RETAINING WALL MUST BE A MINIMUM EIGHT FEET ABOVE FINISHED GRADE; 7) THE DEVELOPER MUST PROVIDE FINANCIAL SECURITY THAT GUARANTEES LIVE GROWTH OF THE PLANT MATERIALS FOR A TWO YEAR PERIOD FROM THE DATE OF INSTALLATION; 8) THE APPLICANT SHALL PROVIDE A SEPARATE TRAIL EASEMENT DOCUMENT TO ENCOMPASS THE EXISTING TRAIL ALONG THE NORTH SIDE OF CHELSEA ROAD; 9) THE FINAL PLAT IS SUBJECT TO THE REVIEW AND COMMENT OF MN/DOT AND 10) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEERING STAFF AS DETAILED IN THE MEMOS OF 8/27/08 AND 9/9/08 WHICH WILL REVISED TO REFLECT CHANGES MADE BY THE COUNCIL AS NOTED ABOVE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. #SFAmendments to EDA Business Subsidy Criteria (Greater Monticello Enterprise Fund): Tom Perrault questioned the section on minimum wage and whether the federal minimum wage should be used or the state minimum wage noting that one maybe higher than the other. Economic Development Director Megan Barnett stated the federal minimum wage is $6.55 and 5 Council Agenda: 9/22/08 state minimum wage is $5.25. The 2009 minimum is proposed to be $7.25. Megan Barnett said although she was not a part of the discussions on the amendments it was her understanding if the subsidy was more than a certain dollar amount they needed to go with federal standards. TOM PERRAULT MOVED TO APPROVE THE AMENDED GREATER MONTICELLO ENTERPRISE FUND (GMEF) BUSINESS SUBSIDY CRITERIA. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 SI Resolution supporting I-94 corridor expansion funding: Wayne Mayer pulled this item because he said there is nothing in the budget for it and he didn't see any benefit for Monticello to contribute to this. Bruce Westby said the benefit would be to get the freeway expanded through Monticello. By establishing a coalition they hope to get support for the expansion. At this time MnDOT does not have money to fund the project. Wayne Mayer felt the proposal was too open ended. Brian Stumpf expressed some concerning about hiring a lobbyist. Susie Wojchouski disagreed and felt the group would be able to get things rolling at the federal level. Clint Herbst said if there is no money to do this project the lobbying effort is pointless. Wayne Mayer felt the proposal could be reevaluated again in a couple of years. WAYNE MAYER MOVED NOT TO ADOPT A RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION FUNDING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI VOTING IN OPPOSITION. 4-1 #SJDecrease in individual pension for Volunteer Firefighter Relief Association: Brian Stumpf stated he pulled this item because as a vested member of the relief association he would be abstaining from voting on this item. The error that led to the reduction request was that an individual was omitted from the report and the pension calculated for him was not included in the city's liability. As a result of this error the City had to contribute $15,578 to the relief association. Fire Relief Association representatives said the pension was decreased because the market was low and the value of funds declined. It was noted that if there is a surplus of 110% then the relief association can grant increases in pension without Council approval. Brian Stumpf stated that Monticello is only one of a few cities that do not have a city contribution. Brad Fyle said they could do some research and bring back what is done in other communities. He felt the $15,578 was a one time contribution unless the City in the future changed their position on City contribution to the relief association WAYNE MAYER MOVED TO GRANT THE DECREASE OF BENEFIT LEVEL FOR THE FIREFIGHTERS RELIEF ASSOCIATION TO $3,500 FOR 2008. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 7. Consideration of awarding bid for street and drainage improvements for Kevin Longley Drive, Jerry Liefert Drive and Hawthorne Place. City Proiect No.2008-1OC. City Engineer, Bruce Westby provided the results of the bids for this project. There was a total of six bids with Knife River Corporation having the low bid of $168,112.42 which was about $40,000 less than the engineer's estimate. The bid included an alternate for adjusting existing manholes using metal rings. The project will be funded with $125,000 from the Street department and with 50% of the cost for Kevin Longley Drive and Jerry Liefert Drive derived from special assessments. The cost of the improvements for Hawthorne Place North will come 6 Council Agenda: 9/22/08 from Street Reconstruction funds. Brian Stumpf asked if the work was anticipated to be completed and assessed this year. Bruce Westby indicated that was the intent. TOM PERRAULT MOVED TO AWARD THE BID IN THE AMOUNT OF $168,112.48 (BASE BID PLUS ALTERNATE #2) TO KNIFE RIVER CORPORATION FOR CITY PROJECT NO. 2008-1OC. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 8. REMOVED FROM AGENDA. 11. Consideration of accenting bid for a fire pumper truck. Because a number of fire department members were present, Brian Stumpf requested that this item be moved up on the agenda. Tom Kelly explained the process that was used in preparing the specifications for the trucks and the advertising process. The City was somewhat surprised that only one bid was received. The City Attorney had reviewed the specifications to ascertain whether they contained any provisions that would exclude any vendors from bidding. The Council wondered whether demand was great and that was why vendors didn't bid. A representative from Custom Fire Apparatus was present. He stated theirs is a specialized industry which is highly competitive but relatively stable. He too was surprised that the City received only one bid. He felt the bids were open ended enough to allow a number of bidders but he did point out that the truck was a complex apparatus. Clint Herbst asked what the fire department estimated the truck would cost. Steve Joerg, Fire Chief said they anticipated the cost to be between $450,000-$500,000. Steve Joerg added that they had invited two manufacturers to look at their bids and both manufacturers said they could bid the truck. Clint Herbst asked if there was a uniform fire truck or if each was built separately. Steve Joerg said Monticello has big box stores, work on the interstate and other features that impact the type of equipment they need. In laying out the specifications for this truck they made an effort to promote safety as well as meet their needs. Wayne Mayer felt that maybe the specifications were written too tight. Joel Jamnik said the specifications were written in a manner that was open enough for all vendors to bid but he could not explain why there was only one bid. The representative from Custom Fire Apparatus explained how changes, recent and proposed, will impact the cost of fire trucks. WAYNE MAYER MOVED TO ACCEPT THE BID FOR THE NEW FIRE DEPARTMENT PUMPER TRUCK FROM CUSTOM FIRE APPARATUS AT A BID PRICE OF $508,980.00. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Brian Stumpf complimented the work the committee did on preparing the bids for the new fire truck. 9. Consideration of adopting a resolution supporting a request for LCCMR appropriations from the Environment and Natural Resources Trust Fund. Jeff O'Neill explained the purpose of the request and explained that the City had in 2008 been 7 Council Agenda: 9/22/08 granted $1,200,000 in funding for acquiring the YMCA property and are again submitting a request for funds in the 2009 grant cycle. Brian Stumpf asked where the YMCA stood with the City/County funding process. Jeff O'Neill replied that the YMCA understands that it will take time to get the funding in place and they also realize that with current economic conditions it would not be easy for them to market the site. Generally the Council felt the acquisition of the YMCA property with its environmental benefits was a one time opportunity which the City and County needed to pursue. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION SUPPORTING A JOINT REQUEST BY THE CITY OF MONTICELLO AND WRIGHT COUNTY FOR LCCMR APPROPRIATIONS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND TO SUPPORT THE ACQUISITION OF THE YMCA PROPERTY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING 1N OPPOSITION. 10. Selection of date and times for Lipuor Store Manager interviews. Included in the consent agenda. 12. Consideration of approving Public Works Director iob description and authorize advertisement of iob opening. Jeff O'Neill explained the changes that were made to the Public Works Director job description. Some of the duties currently handled by the Public Works Director will be assigned to other departments such as Engineering, Sewer/Water, Streets and Parks. With the revisions to the job description, Jeff O'Neill felt this position is more of a managerial position rather than a technical position. Clint Herbst said it is pretty hard to replace someone who has been so involved with the community. BRIAN STUMPF MOVED TO APPROVE THE PUBLIC WORKS DIRECTOR JOB DESCRIPTION AND AUTHORIZE ADVERTISEMENT OF THE POSITION AT A PAY RANGE OF $66,640 TO $84,032 WHICH IS THE CURRENT RANGE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst updated the Council on the condition of former liquor store manager, Joe Hartman. Transportation Workshop: Clint Herbst noted that prior to this meeting the Council had conducted a workshop on the proposed Transportation Plan. There were a good number of residents and business owners at the workshop. A number of issues and concerns were brought up about transportation issues. Brian Stumpf asked if dates and times had been picked for covering the remainder of the Transportation Plan. Jeff O'Neill said they will get a schedule of future meetings. Brian Stumpf noted that at this workshop they had not even touched on the TH 255 issues. Clint Herbst thought maybe the topic should be broken into segments. Council Agenda: 9/22/08 13. Consideration of approving payment of bills for September, 2008. Tom Perrault commented on seminars and conferences for employees and the value they had citing the conference put on by the Sensible Land Use Coalition. Clint Herbst said it is necessary for employees to be well trained and well informed. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSICI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 14. Adiourn BRIAN STUMPF MOVED TO ADJOURN AT 8:40 P.M. TOM PERRAULT SECONDED THE MOTION CARRIED UNANIMOUSLY. 5-0 Recording Secretary 9 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Tuesday September 30, 2008 - 5:30 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order. Mayor Herbst called the special meeting to order at 5:30 p.m. 2. Conduct Interviews for Liauor Store Manager Position. The Council conducted interviews with three applicants: Steve Meager, Randall Johnsen and Mike Fischbach. TOM PERRAULT MOVED TO OFFER THE POSITION OF LIQUOR STORE MANAGER TO RANDALL JOHNSEN. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of appointment of election iudges for the general election on November 4, 2008. It was noted that one of the individuals listed on the list of judges had suffered some health problems and would probably not be able to serve as an election judge. WAYNE MAYER MOVED TO APPROVE THE LIST OF ELECTION JUDGES PROPOSED FOR THE GENERAL ELECTION CONTINGENT UPON COMPLETION OF TRAINING AND BEING ABLE TO SERVE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Adiourn. The meeting was adjourned. Recording Secretary Council Agenda: 10/13/08 SA. Consideration of approving new hires and departures for MCC and DMV, (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at MCC and DMV. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Jesse Hilton Climbing Wall Attendant MCC 09/24/08 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Rebecca Hagedon Voluntary DMV 09/17/08 PT council_employee list.xls: 10/1/2008 Council Agenda: 10/13/08 SC. A. REFERENCE AND BACKGROUND: The City has a signed assessment agreement with Master Sa' Avenue, Inc. affecting property located at 617 Locust Street. The agreement covers the assessment for two SAC charges required as a result of the expansion of the Pizza Man restaurant use. It is the City's policy to have the Council adopt a resolution for assessments covered by development contracts or assessment agreements. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution for 155-010-007020 (617 Locust Street) formally approving the assessment for the additional SAC charges. 2. Do not adopt the assessments. C. STAFF RECOMMENDATION: It is the recommendation of staff that the City Council approve the resolution covering the assessment for SAC charges against 617 Locust Street. D. SUPPORTING DATA: Resolution CITY OF MONTICELLO RESOLUTION N0.2008-80 RESOLUTION ADOPTING ASSESSMENT ROLL DEVELOPMENT CHARGES - 617 LOCUST STREET WHEREAS, pursuant to the terms of an assessment agreement dated August 22, 2008 covering additional SAC charges for 617 Locust Street (155-010-007020) NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January 2009, and shall bear interest at the rate of seven percent per annum from the date of the adoption of the assessment. To the first installment shall be added interest on the entire assessment from October 13, 2008 until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the property owner, may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 13th day of October, 2008. ATTEST: Clint Herbst, Mayor Jeff O'Neill, City Administrator City Council Agenda- 10/13/08 SE. Consideration to approve a request for Simple Subdivision and Administrative Lot Combination in Otter Creek Crossings, a commercial plat in a B-4 (Regional Business) District. Applicant: J. Edwin Chadwick, LLC & JX Bowers, LLC. (AS) A. REFERENCE AND BACKGROUND The applicants are seeking approval of a Simple Subdivision and Administrative Lot Combination for their property located on west Chelsea Road. The property is currently platted as Outlots C and D of Otter Creek Crossing. The subject site is located north of Chelsea Road and east of 90a' St. As noted in the attached narrative, the applicants are seeking to adjust the lot line between the two outlots for accounting purposes. Comprehensive Plan. The subject site is guided as "Places to Shop", which is a commercial land use designation in the Comprehensive Plan. Zoning. The site is zoned B-4, Regional Business. The purpose of the B-4, Regional Business district is to provide for commercial and service activities which draw from and serve customers from the entire community or region. Analysis. The applicant is proposing to subdivide a portion of Outlot D. This parcel is identified as the "Transfer Parcel" and is located on the west side of Outlot D. The transfer parcel is 216,750 square feet (4.376 acres) in area. The applicant is then seeking to combine the transfer parcel with the existing Outlot C. The resulting Outlot C parcel will be 831,381 square feet (19.086 acres). The resulting Outlot D parcel will also be 831,381 square feet (19.086 acres). No development is proposed for either of the two parcels at this time. At the time the applicants seek to develop, platting will be required, including required drainage and utility easements for all parcels. All development will be evaluated on its own merit. At the time of development, a cross access agreement may be required to address shared access between the proposed Outlot C and Outlot D. Sanitary sewer, watermain and storm sewer stubs have been provided for the parcels. The existing pre-development agreement between the City and the current property owners would still remain in effect, but may require a modification for the change in legal description. Process. The City of Monticello's Subdivision Ordinance allows for the subdivision of properties and the administrative combinations by metes and bounds for lots of record. Outlots are lots of record. In this case, the simple subdivision and lot combination are concurrent actions which essentially act as an administrative lot line adjustment. The actions do not require the review and recommendation of the Planning Commission, but only require final approval by the City Council upon recommendation by the Zoning Administrator. All applicable assessments remain in place, but will be re-apportioned based on new square footages. B. ALTERNATIVE ACTIONS 1. Motion to approve the request for Simple Subdivision and Administrative Lot Combination for Outlots C & D of Otter Creek Crossing as illustrated in the Exhibits C and D of the planning report of October 13, 2008, based on a finding that the proposed arrangement is consistent with the intent of the B-4, Regional Business District, and the Comprehensive Plan, subject to the conditions outlined in Exhibit Z. 2. Motion to deny the request for Simple Subdivision and Administrative Lot Combination for Outlots C & D of Otter Creek Crossing as illustrated in the Exhibits C and D of the planning report of October 13, 2008, based on a finding to be made by the City Council. c. STAFF RECOMMENDATION Staff recommends approval of the Simple Subdivision and Administrative Lot Combination as presented, subject to the conditions outlined below. D. SUPPORTING DATA Exhibit A: Applicant Narrative Exhibit B: Plan for Simple Subdivision Exhibit C: Plan for Administrative Lot Combination Exhibit D: Official Plat Exhibit D: Registered Lands Surveys and Conveyance by Metes and Bounds -Ordinance J. E1»Ily CHADWICK, LLC. l l Ii,) 7;on (,;relit Larxl and F~trnts 6fcminin~;u>n, D4innetoca »-t37 Office (95 Z) 55 >-' 4' i FAX O7Z),R36-(?'4J2 September 16, 2008 Ms. Angela Schumann Community Development Coordinator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 Re: Simple Subdivision of Otter Creek Crossing Dear Ms. Schumann: J. Edwin Chadwick, LLC and JX Bowers, LLC own Outlots C and D of the Otter Creek Crossing subdivision (see attached). These are two commercial lots located between I-94 and Chelsea Rd and their total size is approximately 38 acres. Far accounting purposes related to its partnership structure, we need to move the boundary between these two lots to the location shown on the attached survey. 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I O ~ I /~ ~ I - ~ / / ~ ~ ;' I ti9~~c3' ~ ~ 'u ~ / 8~ °'i III ~ ---- I I / ~ . o ~ / ~1~~~ ~~ I g~ ~,ti "~~lug ~ Z~ / Y/ ~3@R ~ 4P~ ~ ~`y/ '`~/eti4~' ~~~ U I ~, lox ng ~% SNP 3 ~_ $ 95 mil ~_ - __- / ~A 25uia ~as ~ e \ ---- I~ - - ~ '~"~ S 9 8 1 I ~gg^ '~ ~ 3 1 I so t3 \ / 33 ~_ =~e ~"3 ~ ~~~ Ru 6 Qo~ ~Qo m w 0 m to --NEST lRlE OI S K - xW A / N6pZ5Y6'E -MNrNre N f6J Aaf (ACN / vsdfm re»+~•+r (o.+ax Aa lrsnzJ - ...w» or iao Awr nN.• nm.ma ~`~ nt ( aar w. e6Arfiy^ .7~ _- ,J PARALLEL "1111N NEST ~n 4`~ LnE s X - AWI k ---.~•o ~ ~ ,~?5'16F ~l / ddd333 15 ^ let ~.' ~ iTF J - - _ u ~. ,,~°nreaw ~,.~ `~ ~ ~ N~o ~e 11 \ ~ 8 ~--_~ ~ T.&S-_ '.- - i ' ~~. p r ~~$ ~ _ CJ S.~S \ u~~ ~ 'ri i~ ~~ ifs a. ~. ^ < > A - -------- z ~; ~ _ _ _ rr „N.eS ~ - ~ •S1' . ~ / ~ °N 51 ~ ~505 lq \Qe. ~ \ ~ P ~ I= ~ I -- ___= M ~ ua ~ ~~ ' y' I' I eo ry ^4 ~~ 9 ~I ~ v~89 ~ >~tl >" 1 ~ i : ~ ~ I O 1'1 n a r v r CHAPTER 8 REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS SECTION: 11-8-1: Registered Land Surveys 11-8-2: Conveyance by Metes and Bounds 11-8-1: REGISTERED LAND SURVEYS: It is the intention ofthis ordinance that all registered land surveys in the city of Monticello should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively in accordance with the standards set forth in this ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved. 11-8-2: CONVEYANCE BY METES AND BOUNDS: No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet in width unless such parcel was a separate parcel of record at the effective date of this ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts. Not withstanding the previous prohibition, a person may request an administrative subdivision of property described by metes and bounds under the following conditions: a. The purpose of the subdivision is to combine two (2) or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district. b. The purpose of the subdivision is to divide one (1) previously platted parcel into no more than two (2) buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. MONTICELLO SUBDIVISION ORDINANCE TITLE XUChapt 8lPage 1 Said administrative subdivision shall be subject to approval of the Zoning Administrator, who may at his or her discretion, refer the subdivision to other City staff for review and recommendation. If the Zoning Administrator approves the proposed subdivision, he or she shall place the proposed subdivision on the agenda of the next City Council meeting which is no less than three (3) weeks from the date of a complete submission. In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of the Subdivision Ordinance for Preliminary Plats. (#426, 7/11/05) MONTICELLO SUBDIVISION ORDINANCE TITLE XUChapt 8/Page 2 Exhibit Z Conditions of Approval 1. The applicant shall provide asix-foot drainage and utility easement along the interior property lines of both outlots upon future platting of developable lots. 2. At the time of development of either Outlot C or D, a cross access agreement may be required to address shared access between the proposed Outlot C and Outlot D. This is subject to the review and recommendation of the City Engineer at the time of development. Council Agenda: 10/13/08 SF. Consideration of Approving Resolution of Bond Redemption. (TK) A. REFERENCE AND BACKGROUND: The City currently has three bond issues which are currently callable or will be on February 1, 2009, which make sense to redeem at this time. The three issues are the 1999 G. O. Improvement Bonds, 2000B G. O. Improvement Bonds, and the 2003A G. O. Improvement Bonds. The 1999 and 2000B issues a currently redeemable and the 2003A is will be redeemable on February 1, 2009.. . The 1999 bond has principal outstanding of $635,000 with an interest rate of 4.05% and 4.10%. The 1999 Bond Fund has a current cash balance of $57,289, but still has special assessment to collect of 451,510 plus interest. This bond issue was also to be repaid from a property tax levy of $184,000 in both 2009 and 2010, which will not be necessary if this bond is redeemed. The funding to redeem the 1999 bond issue will come from the Consolidated Bond Fund which has a cash balance of $2,097,919 and will be repaid from the $451,510 in outstanding special assessments when they are collected. The 2000B G. O. Improvement Bonds has an outstanding principal amount of $435,000 with interest rates of 4.9% for 2009, 4.95% in 2010 and 5.0% in 2011. It currently has a cash balance of $441,604 and outstanding special assessments of $102,332 plus interest. This bond fund was also to have a property tax levy of $25,700 in 2009 and $26,300 in 2010, both of which are not necessary. Once this bond is redeemed the uncollected assessments and any cash balance will be moved to the Consolidated Bond Fund, where the City Council can direct the use of it as it feels is in the best interest of the City. Finally, the 2003A G. O. Improvement Bonds. This bond has principal outstanding of $1,540,000 and would be redeemed in February. Interest rates range from 3.05% in 2009, up to 4.0% in 2015. It currently has a cash balance of 1,503,640 and special assessment of $784,063 plus interest to still be collected. This bond issue did not have a property tax levy as part of its repayment schedule. With the second half tax settlement to be collected in December 2008, this Fund should has sufficient cash to repay the principal amount and again the future collection of special assessments will be placed into the Consolidated Bond Fund for use as Council deems necessary in the future. Also by redeeming these three bond issues it will lower the City's outstanding debt, and debt statistics that the Bond Rating Agencies look at when determining future City bond ratings. So it could help the City achieve a better bond rating in the future. Also as stated the cash balances and future special assessments when collected will be placed into the Consolidated Bond Fund, which can then be used to fund other City projects or redeem future debt issues. Al. Budget Impact: There is no impact on the 2008 budget, but by redeeming these issues it will reduce property tax levies by over $200,000 in both 2009 and 2010. It could help the City achieve a better bond rating, which would also reduce future bond costs if achieved. Council Agenda: 10/13/08 A2. Staff Workload Impact: There would be no staff impact by this action B. ALTERNATIVE ACTIONS 1. Approve the resolution calling for the redemption of the 1999, 2000B, and 2003A G. O. Improvement Bonds. 2. Approve the redemption of one or two of the bond issues. 3. Do not approve the resolution calling for the redemption of the 1999, 2000B, and 2003A G. O. Improvement Bonds. C. STAFF RECOMMENDATION: The City staff supports, Alternative 1. D. SUPPORTING DATA: The Resolution Calling for the Redemption of the Bond Issues. Extract of Minutes of Meeting of the City Council of the City of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Monticello, Minnesota, was duly held in the City Hall in the City of Monticello, on Tuesday, October 14, 2008, commencing at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota, as follows: 1. The City has issued and sold its: (a) General Obligation Improvement Bonds, Series 1999, dated January 1, 1999 (the "Series 1999 Bonds); (b) General Obligation Improvement Bonds, Series 2000B, dated August 1, 2000 (the "Series 2000B Bonds); and (c) General Obligation Improvement Bonds, Series 2003A, dated September 1, 2003 (the "Series 2003A Bonds) (collectively, the "Bonds") in the total principal amounts of $3,000,000, $1,645,000 and $2,420,000 respectively. 340455v1 SJB MN190-134 The Series 1999 Bonds maturing on or after February 1, 2005, are subject to redemption and prepayment on any date; the Series 2000B Bonds maturing on or after February 1, 2008, are subject to redemption and prepayment on any date; and the Series 2003A Bonds maturing on or after February 1, 2010, are subject to redemption and prepayment on February 1, 2009, and on any date thereafter at a price of par plus accrued interest. 2. It is determined that it is in the best interests of the sound financial management of the City that: (a) the Series 1999 Bonds maturing on February 1 in the years 2009 to and including 2010, comprising all of the Bonds subject to redemption, be prepaid and redeemed on December 1, 2008 and those Bonds are hereby called for redemption on that date. (b) the Series 2000B Bonds maturing on February 1 in the years 2009 to and including 2011, comprising all of the Bonds subject to redemption, be prepaid and redeemed on December 1, 2008 and those Bonds are hereby called for redemption on that date. (c) the Series 2003A Bonds maturing on February 1 in the years 2009 to and including 2015, comprising all of the Bonds subject to redemption, be prepaid and redeemed on February 1, 2009 and those Bonds are hereby called for redemption on that date. 3. The Registrar is authorized and directed to mail, in accordance with law, a notice of call for redemption of the Bonds in the forms attached hereto as EXHIBITS A, B and C to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar, and to mail a copy of the notice to the original purchaser of the Bonds. (The remainder of this page is intentionally left blank.) 340455v1 SJB MN190-134 2 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. 340455v1 SJB MN190-134 3 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting Administrator of the City of Monticello, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, October 14, 2008, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the prepayment and redemption of $3,000,000 General Obligation Improvement Bonds, Series 1999; $1,645,000 General Obligation Improvement Bonds, Series 2000B; and $2,420,000 General Obligation Improvement Bonds, Series 2003A, of the City. WITNESS My hand as City Administrator and the corporate seal of the City this day of , 2008. City Administrator Monticello, Minnesota (SEAL) 340455v1 SJB MN190-134 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $3,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on DECEMBER 1, 2008 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1999, dated January 1, 1999, having stated maturity dates of February 1 in the years 2009 through 2010, both inclusive, totaling $635,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 $315,000 614468 TK2 2010 320,000 614468 TLO The bonds are being called at a price of par plus accrued interest to December 1, 2008, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as Firstar Bank of Minnesota) on or before December 1, 2008. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota 340455v1 SJB MN190-134 EXHIBIT B NOTICE OF CALL FOR REDEMPTION $1,645,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000B CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on DECEMBER 1, 2008 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2000B, dated August 1, 2000, having stated maturity dates of February 1 in the years 2009 through 2011, both inclusive, totaling $435,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 2010 2011 $145,000 614468 VA1 145,000 614468 VB9 145,000 614468 VC7 The bonds are being called at a price of par plus accrued interest to December 1, 2008, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as U.S. Bank Trust National Association) on or before December 1, 2008. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If b U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota 340455v1 SJB MN190-134 EXHIBIT C NOTICE OF CALL FOR REDEMPTION $2,420,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2009 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2003A, dated September 1, 2003, having stated maturity dates of February 1 in the years 2009 through 2015, both inclusive, totaling $1,770,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 $230,000 614468 WG7 2010 235,000 614468 WHS 2011 245,000 614468 WJ1 2012 250,000 614468 WK8 2013 260,000 614468 WL6 2014 270,000 614468 WM4 2015 280,000 614468 WC6 The bonds are being called at a price of par plus accrued interest to February 1, 2009, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, on or before February 1, 2009. If b U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota 340455v1 SJB MN190-134 Council Agenda: 10/13/08 SG. Consideration of authorizing preparation of preliminary assessment roles for Kevin Longley Drive and Jerry Liefert Drive street improvements. City Project No. 2008- lOC. (BW) A. REFERENCE AND BACKGROUND: The approved Feasibility Report for City Project No. 2008-1OC identified a date for the assessment hearing on November 24, 2008. However, we will be asking Council to move this hearing up two weeks to November l0a' in order to help guarantee that residents wishing to take advantage of the prepayment period in which they can pay off their assessment without interest can do so as outlined under Minnesota Statute 429. This request will be made at the next Council meeting on October 27`x. The preliminary cost estimate presented at the public hearing ordering the improvement identified a preliminary assessment rate of $1,574 per residential unit, which was based on an assessment rate of 50% of the project costs. However, since bids came in almost $40,000 lower than the preliminary cost estimate the final assessments should also be significantly lower than what was originally estimated. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation of preliminary assessment roles for City Project No. 2008-1 OC, with staff to come back to Council on October 27, 2008 with the costs to be assessed and setting the public hearing date for the assessment hearing. 2. Motion to deny authorization to prepare preliminary assessment roles for City Project No. 2008-1 OC. C. STAFF RECOMMENDATION: City staff recommends authorizing preparation of preliminary assessment roles for City Project No. 2008-1 OC. D. SUPPORTING DATA: N/A Council Agenda: 10/13/2008 SH. Consideration of adopting updated Sherburne-Wright Cable Commission agreement and approval of withdrawal from membership in the Cable Commission. (JO, CS) A. REFERENCE AND BACKGROUND: City Council is asked to take two actions that appear contradictory but make sense once the situation is reviewed. The first action calls for approval of an updated Sherburne-Wright Cable Commission agreement which if adopted by the City, allows the Commission and all of its members to operate under the new agreement and paves the way for the City of Monticello to receive the benefit (Equipment Purchases) of fees contributed by Monticello subscribers in 2007-2008. The second seemingly contradictory action of withdrawal from membership for 2009 is a "stop-gap" measure that buys the City more time to analyze the merits of staying with the Commission relative to the ever evolving FiberNet Monticello project. Following is more detail pertaining to the decision requested. The City of Monticello has been a member of the Sherburne-Wright Cable Commission since 1985, along with 9 other cities in Wright and Sherburne counties. In June 1985, the Commission adopted a joint agreement that governed the administration and operation of a cable communications system. This agreement was approved by each of the member cities. In addition to the original agreement, the Commission adopted a policy governing competitive cable franchising (Feb 2008) and negotiated a 15-year franchise agreement between member cities and Charter Communications (Jan 2005) or other providers existing in a City at that time. In conjunction with the franchise agreement, each City also adopted an ordinance (#419) regulating cable communications systems -this is known as the "Cable Ordinance," which outlines delivery of cable communication services in the City. The franchise agreement with Charter includes provisions for free service to designated city buildings and properties and establishment of franchise fees (5% of gross revenues) and PEG (public, educational and governmental) programming fees (.85 per subscriber per month). Under the agreement, fees were to be paid to each City quarterly and then passed on to the Commission. Currently, the fees are paid directly to the Commission and reports provided to each City quarterly. The City of Monticello's portion is approximately $23,000 per quarter for franchise fees and $5,700 for PEG fees. The joint agreement, approved in 1985, spelled out a number of provisions including: • Identified general purpose to monitor operation and activities of cable communications, coordinate cable franchise agreements, promote local cable programming • Established representation, governance, and duration of the Commission • Established powers and duties of the Commission which include: enter into contracts; hire employees/consultants; handle rate changes; and deal with regulatory issues • Specified financial matters including: fiscal year; expending of funds; financial contributions from member cities; preparation and adoption of annual budget • Identified the process for a member city to withdraw from or join the Commission In early 2007, the Commission began drafting a revised joint agreement to update some of the sections in the agreement. In order for the revised agreement to replace the original, each member City was asked to have their Council approve the new agreement. A letter was forwarded to Mayor Herbst and city staff dated October 15, 2007. Although the letter did not request a date for this to be accomplished, it was suggested that they would like to have this done by the end of the year. It should be noted that the letter did not address any options open to a City if they chose not to approve the revised agreement. The new agreement does not address what happens if all 10 cities do not get Council Agenda: 10/13/2008 approval. The attorney for the Commission has advised that they would have to continue under the existing agreement until all 10 cities approve the new one. Neither the existing or new agreement appears to allow for a City to be a member of the Commission if they do not approve the agreement, and it does not specifically address how this would be handled. The provision for withdrawal requires written notification to the Commission by October 15 giving notice of withdrawal effective at the end of the calendar year. If notice is not given by that date, the City is obligated to pay its entire contributions for the upcoming year to the Commission. There is a clause that allows a City to rescind its notice to withdraw any time up to the effective date, so the City could always re join if it is determined to be in the best interest. City staff has delayed taking action on adopting the new agreement as the proposed revisions include some items that appear to be disadvantageous to Monticello with the undertaking of our FiberNet project. Some of the items that we are questioning include: • Representative voting based on proportion of annual franchise fees and other support payments. [Existing agreement based on number of dwelling units] • Enabling the Commission to review operation and performance of ~ System serving a Member. [Existing agreement specified "cable communications" System] • Designates that all fees be paid directly to the Commission from the cable provider/s. [Existing agreement stipulated that fees are to be paid to the cities, who then remit to the Commission--although that is not the current practice] • Adapted the formula for contributions to be based on the percent of revenue payments from the prior year and multiplied by the annual budget. [Existing agreement: contributions were in proportion of votes allotted] • Addition of a section stipulating that the Commission shall assist Members with the processing of any applications for additional competitive franchises and the negotiation of franchise terms, and further stipulates inclusions in such franchises. [Existing agreement did not address this -policy adopted in Feb 2008 by the Commission appears to be more than sufficient in regulating new franchises] We felt that it would be in the best interest of the City to recommend that we not approve the revised agreement due to implications for FiberNet Monticello. By not signing the agreement Monticello inadvertently created a problem for the Cable Commission as the Commission was not able to operate under the new agreement until all members had signed on. Cable Commission Attorney Bob Vose explained that it was determined necessary for all member cities to approve the agreement in order to operate under its provisions. In light of this situation, the Cable Commission has encouraged the City to sign the agreement by taking the position that Video Equipment (funded by Monticello fees) will be provided at such time that the City signs on. It should be noted that we maintain an amiable presence in the Commission and are scheduled to host the November meeting in Monticello. Since the October 15 deadline is again looming, it is imperative that the City look at alternatives to approving the agreement and/or withdrawing from the Commission and possible impacts on the future FiberNet operations. If the City does opt to withdraw from the Commission, it could give its notice by October 15. If the City later finds that it is not in our best interests to leave the Commission, we would have until the end of December to rescind that action. After December, we would have to petition to become a member, subject to approval by 2/3 of the votes of the current membership and would have to approve the revised agreement. Council Agenda: 10/13/2008 B. Decision # 1-Consideration of Adopting Updated Sherburne-Wright Cable Commission Joint Powers Agreement: Motion to adopt the updated Sherburne-Wright Cable Commission joint powers agreement. Under this alternative, the City would be eligible to receive Video equipment funded through fees paid by Monticello subscribers in 2008. 2. Motion to deny adoption of the updated Sherburne-Wright Cable Commission joint powers agreement. Decision #2 -Consideration of withdrawal from the Sherburne-Wright Cable Commission Effective January 1, 2009: Motion to withdraw from the Sherburne-Wright Cable Commission effective January 1, 2009, with. written notice to be given by October 15, 2008. Under this alternative, fees collected by Charter Communication in 2009 would no longer go to the Cable Commission but rather come directly to the City of Monticello for use in operation and development of local programming. However, Monticello would be able to re join the consortium if it is later determined that it is in our best interest to be part of the group. 2. Motion to continue membership in the Sherburne-Wright Cable Commission. Under this alternative, the City would be locked into membership through 2009. C. STAFF RECOMMENDATION (s): Decision 1 -Staff recommends that City Council adopt the updated Sherburne-Wright Cable Commission joint powers agreement. Although there are sections of the revised agreement that raise questions and may have some effect on future actions involving FiberNet Monticello, the remaining members of the Cable Commission will be able to proceed with operations under the new agreement. It appears that approval by Monticello is needed in order for that to happen. In addition, Monticello will benefit by receiving equipment that was allocated and budgeted to us in prior quarters. Decision 2 - Staff recommends that City Council approve withdrawal from the Sherburne- Wright Cable Commission effective January 1, 2009 with the thought that the City can always re join if it is later determined that there is sufficient benefit to be part of the Commission. This notice is required to be given in writing by October 15 to go into effect for the following year. If notice is not provided by this deadline, all franchise and PEG fees will continue to go to the Cable Commission for the entire following year. There is an option for later rescinding a decision to continue with the Cable Commission for 2009. Between now and the end of the year, staff will be reviewing the merits of participation in the Commission in terms of the impact on ease of establishment of a franchise for FiberNet Council Agenda: 10/13/2008 Monticello. In addition we will be comparing costlbenefits of "going it alone" when it comes to managing the cable franchise and providing government access programming. In December, it could occur that staff will be asking Council to consider reinstatement of participation in the Cable Commission. D. SUPPORTING DATA: Existing Sherburne-Wright Cable Commission Joint Agreement Updated Sherburne-Wright Cable Commission Joint Agreement Policy Governing Competitive Cable Franchising Ordinance 420 (Cable Franchise Agreement with Charter Communications) Ordinance 419 (Cable Ordinance) Letter from Commission dated October 15, 2007 ~ Xl ~T/l~~ COPY June, 1985 SHERBURNE/WRIGHT COUNTY CABLE COMMUNICATIONS COMMISSION IT JOINT AND COOPERATION AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM I. PARTIES The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to monitor the operation and activities of cable communications, and in particular, the Cable Communi- cation System tSystem} of the parties; to provide coordina- tion of administration and enforcement of the franchises of parties for their respective System; to promote the develop- ment of locally produced cable television programming; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and ser- vice levels for the citizens of the Members of the organiza- tion. III. NAME The name of the organization is the Sherburne/Wright County Cable Communications Commission II. IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this Agreement. Section 3. "Council" means the governing body of a Member. Section 4. "Franchise" means that cable communications franchise granted by all cities in Article V, Section 1. Section 5. "Grantee" means the person or entity to whom a franchise has been granted by a Member. ' Section 6. "Member" means a municipality which enters into this agreement. V. MEMBERSHIP Section 1. The municipalities of Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford, and Watertown, are eligible to be the original Members of the Commission. Any municipality served by a cable communications system through the same Grantee may become a Member pursuant to the terms of this Agreement. Section 2. Any municipality desiring to become a Member shall execute a copy of~this agreement and conform to all requirements herein. Section 3. The initial. Members shall be those Members who become Members on or before July 31, 1985. Section 4. Municipalities desiring to become Members after the date specified in Article V, Section 3 may be admitted by an affirmative vote of two-thirds (2/3) of the votes of the Members of the Commission. The Commission may - 2 - by resolution impose conditions upon the admission of addi- tional Members. VI. DIRECTORS: VOTING Section i. Each Member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to one vote for each 800 dwelling units or fraction thereof located in the municipality represented by the director; provided; however, that each director shall have at least one (1) vote. For the purposes of this section, dwelling units of a governmental unit shall be that number determined by the most recent census or yearly estimation certified by a Member. Prior to December 31 of each year, the Secretary of the Commission shall determine the number of .dwelling units of each Member in accordance with this section and certify the results to the Chair. Three years after the inception of the Commission, or after the second annual report of the number of subscribers in all Members, whichever is sooner, the voting structure of the Commission shall be reconstituted to represent one vote per director based upon the number of subscribers or a fraction thereof of the municipality represented by the director; said number to be determined by amendment to this Agreement; provided, however, that each director shall have at least one vote. Section 2. A director shall be appointed by resolution of the Council of each Member. A director shall serve until - 3 - a successor is appointed and qualifies. Directors shall serve without compensation from the Commission, but nothing in this section shall be construed to prevent a Member from reimbursing expenses of its director or otherwise compen- sating its director for service on the Commission if such compensation is authorized by law. .Section 3. Each Member shall appoint at least one alternate director. The Commission,•in its By-laws, may prescribe the extent of an alternate's powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes Section 351.02, or upon a revocation of a director's appointment duly filed by a Member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the Council of the Member whose position on the Board is vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. A majority of the authorized votes of the Commission shall consituee a quorum, but a smaller number may adjourn from time to time.. Section 7. A director shall not be eligible to vote on behalf of the director's municipality during the time said municipality is in default on any contribution or payment to the Commission. During the existence of such default, the - 4 - vote or votes of such Member shall not be counted for the .purposes of this Agreement. Section 8. All official actions of the Commission must receive a majority of all authorized votes cast on that issue at a duly constituted meeting of the Commission. VII. EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS Section 1. A municipality may enter into this Agreement by resolution of its Council and the duly authorized execu- tion of a copy of this Agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agree- ment, together with a certified copy of the authorizing resolution, with the City Administrator of the City of Mon- ticello, Minnesota. The resolution authorizing the execu- Lion of the Agreement shall also designate the director and the alternate for the municipality on the Commission, along with said director's and alternate's address and phone num- ber. Section 2. This Agreement is effective on the date when executed Agreements and authorizing resolutions of four of the municipalities named in Article V, Section l have been filed as provided in this Article. Section 3. Within thirty (30) days after the effective date of this Agreement, the City Administrator of Monticello shall call the first meeting of the Commission which shall be held no later than fifteen (15) days after such call. - 5 - .Section 4. The first meeting of the Commission shall be its organizational meeting. At the organizational meeting, the Commission shall select from among the directors a Chair, Vice-Chair, Secretary and Treasurer, and appoint any staff necessary to coordinate the activities of the Com- mission and to draft all necessary Commission documents. Section 5. At .the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall. adopt by-laws governing its procedures including the time, place, notice for and frequency of its regular meet- ings, procedure for calling special meetings, and such other matters as are required by this Agreement. The Commission may amend the by-laws from time to time. Section 6. Officers of the Commission shall be elected for two-year terms.. Officers completing one full two-year term shall only succeed themselves once in another full two- year term in the same office. VIII.. POWERS AND DIITIES OF TEE COMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts, grants, and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization. The Commission may not contract for the pur- chase of real estate without the prior authorization of the Member municipalities. Any purchases or contracts made - 6 - shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission-shall assume all authority and undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each Member except for that authority and those tasks specifically retained by a Member. Section 4. The Commission shall continually review the operation and performance of the cable communications .system of the Members and prepare annual reports as required by the Minnesota Cable Communications Board and the FCC. Section 5. The Commission shall undertake all pro- cedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee. - Section 6. The Commission may provide for the prosecu- tion, defense, or other participation in actions or proceed- ings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time, part-time or consult- ing basis, as the Commission determines, and the Commission may make any required employer contributions which local governmental units are authorized or required to make by law. Section 7. The Commission may conduct such research and investigation and take such action as it deems necessary, - 7 - including participation and appearance in proceedings of State and Federal regulatory, legislative or administrative bodies, on any matter related to or affecting cable communi- cation rates, franchises, or levels of service. Section 8. The Commission may obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any Member is entitled to obtain from Grantee or others. Section 9. The Commission may accept gifts, apply for and use grants, enter into Agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10.. The Commission shall make an annual, inde- pendent audit of the books of the Commission to be made and shall make ari annual financial accounting and report in writing to the Members. Its books and records shall be available for examination by the Members at all reasonable times. Section 11. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such a manner as the Commission may determine. Section 12. The Commission may exercise any other power necessary and incidental to the implementation of its powers and duties. - 8 - IX. OFFICERS Section 1. The officers of the Commission shall consist of a chair, a vice-chair, a secretary and a treasurer. Section 2. A vacancy in the office of chair, vice- chair, secretary or treasurer shall occur for any of the reasons for which a vacancy in the office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. The four officers shall all be Members of the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice-chair shall act as chair in the absence of the chair. Section 5. The secretary shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. Section 6. The treasurer shall be responsible for cus- tody of all funds, for the keeping of all financial records of the Commission and far such other matters as shall be delegated by the Commission. The Commission may require that the treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Commission. Said fidelity bond or other insurance may cover all persons authorized to handle funds of the Commission. - g - Section 7. The Commission may appoint such other offi- cers as it deems necessary. All such officers shall. be appointed from the membership of the Commission. X. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities.. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the chair and trea- surer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minne- sota Statutory Cities. Section 3. The financial contributions of the Members in support of the Commission shall be in direct proportion to the number of votes to which the director representing the Member on the Commission is entitled. The annual budget shall establish the contribution of each Member for the ensuing year and a timetable for the payment of said contri- bution. Three years after the inception of the Commission, or after the second annual report of the number of sub- scribers to the cable system, whichever is sooner, the Com- mission shall reevaluate the proportion of the Member con- tributions to the Commission. The remainder of any - 10 - franchise fee paid to the Member by Grantee shall be used for cable-related expenses.- Prior to the collection of franchise fees adequate to cover expenses, the Grantee, as a prepayment of the fees shall reimburse Members for all cable-related expenditures incurred by Members and the Com- mission. Section 4. The initial budget of the Commission shall be formulated by'the Commission and submitted to the members within 120 days of the organizational meeting of the Com- mission. The. initial budget of the Commission shall be deemed approved by a Member unless within 60 days of receipt of said initial budget a Member gives notice in writing to the Commission that it is withdrawing from the Commission. A proposed budget for any ensuing calendar year shall be formulated by the Commission and submitted to the Members on or before August 1. Such budget shall be deemed approved by a Member unless, prior to October 15 preceding the effective date of the proposed budget, the Member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission an or before November 1 of each year. Section 5. Any Member may inspect and copy the Com- mission books and records at any and all. reasonable times. All books and records shall be kept in accordance with nor- mal and accepted accounting procedures and principles used by Minnesota Statutory Cities. - it - XI. DURATION Section 1. The Commission shall continue for an in- definite term unless the number of Members shall become less than four {4). The Commission may also be terminated by mutual agreement of all of the Members at any time. Section 2. In order to prevent obligation for its financial contribution to the Commission for the ensuing year, a Member shall withdraw from the Commission.by filing. a written notice with the secretary by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and Membership shall continue until the. effective date of the withdrawal. Prior to the effective date of withdrawal a notice of withdrawal may be rescinded at any time by a Member. If a Member withdraws before di s- solution of the Commission, the Member shall have no claim against the assets of the Commission. A Member withdrawing after October 15 shall be obligated to pay its entire con- tribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Section 3. In the event of dissolution, the Commission shall determine the measures necessary to affect the dis- solution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provi- sions of this Agreement. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed among the then existing - 12 - Members in proportion to the most recent Member by Member breakdown of the franchise fee as reported by the Grantee. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to conclude its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed on its behalf this 6th day of June 1985. WITNESSED BX: city C ~~- ~q~ , of Monticello B Its Mayor B Its City Administrator Filed in the office of the City Administrator of the City of Monticello this lath day of June 1985. PREPARED BY: Thomas D. Creighton O'CONNOR & HANNAN 3800 IDS Tower 80 South Eighth Street Minneapolis, MN 55402 Telephone: (612) 343-1298 DATED: May 24, 1985 - 13 - ~ P~~-T~~ SHERBURNE/WRIGHT COUNTY C2 b o'1) CABLE COMMUNICATIONS COMMISSION II RESTATED JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF CABLE COMMUNICATIONS SYSTEMS I. PARTIES The parties to this Agreement are goverrunental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to monitor the operation and activities of cable communications, and in particular, the Cable Communication System or Systems (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for their respective System; to promote the development of locally produced cable television programming; and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the Members of the organization. III. NAME The name of the organization is the Sherburne/Wright County Cable Communications Commission II. IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this Agreement. Section 3. "Council" means the governing body of a Member. Section 4. "Franchise" means any cable communications franchise granted by a Member. Section 5. "Grantee" means any person or entity to whom a franchise has been granted by a Member. Section 6. "Member" means a municipality which enters into this agreement. V. MEMBERSHIP Section 1. The municipalities of Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford, and Watertown, are eligible to be the original Members of the Commission. Any other municipality may become a Member pursuant to the terms of this Agreement. Section 2. Any municipality desiring to become a Member shall execute a copy of this agreement and conform to all requirements herein. Section 3. The initial Members shall be those Members who become Members on or before July 31, .1985. Section 4. Municipalities desiring to become Members after the date specified in Article V, Section 3 may be admitted by an affirmative vote of two-thirds (2/3) of the votes of the Members of the Commission. The Commission may by resolution impose conditions upon the admission of additional Members. VI. DIRECTORS: VOTING Section 1. Each Member shall be entitled to one (1) director to represent it on the Commission. Each director is entitled to vote in direct proportion to the percent of annual franchise fee revenues and other support payments attributable to that Member relative to the total annual franchise fee revenues and other support payments attributable to all Members in 2 the Commission for the prior year rounded to the nearest whole number; provided; however, that each director shall have at least one (1) vote. For the purposes of this section, the annual revenues for each Member and the total annual revenues as of December 31 of each year shall be determined by the records of the cable operators operating in Members. Prior to the first Commission meeting in March of each year, the Secretary of the Commission shall determine the number of votes for each Member in accordance with this section and certify the results to the Chair. Upon request, any Member shall provide to the Secretary of the Commission documentation of all franchise fees and other support payments attributable to such Member in the prior calendar year. Section 2. A director shall be appointed by resolution of the Council of each Member. A director shall serve until a successor is appointed and qualifies. Directors shall serve without compensation from the Commission, but nothing in this section shall be construed to prevent a Member from reimbursing expenses of its director or otherwise compensating its director for service on the Commission if such compensation is authorized by law. Section 3. Each Member shall appoint at least one alternate director. The Commission, in its By-laws, may prescribe the extent of an alternate's powers and duties. Section 4. A vacancy in the office of director will exist for any of the reasons set forth in Minnesota Statutes, Section 351.02, or upon a revocation of a director's appointment duly filed by a Member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the Council of the Member whose position on the Board is vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting 3 Section 6. A majority of the authorized votes of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time. Section ~. A director shall not be eligible to vote on behalf of the director's municipality during the time said municipality is in default on any contribution or payment to the Commission. During the existence of such default, the vote or votes of such Member shall not be counted for the purposes of this Agreement. Section 8. All official actions of the Commission must receive a majority of all authorized votes cast on that issue at a duly constituted meeting of the Commission. VII. EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS Section 1. A municipality may enter into this Agreement by duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this agreement with the City Administrator of the City of Monticello, Minnesota. The municipality shall also designate the director and the alternate for the municipality on the Commission, along with said director's and alternate's address and phone number. Section 2. This Agreement is effective on the date when executed Agreements and authorizing resolutions of four of the municipalities named in Article V, Section 1 have been filed as provided in this Article. Section 3. Within thirty (30) days after the effective date of this Agreement, the City Administrator of Monticello shall call the first meeting of the Commission which shall be held no later than fifteen (15) days after such call. Section 4. The first meeting of the Commission shall be its organizational meeting. At the organizational meeting, the Commission shall select from among the directors a Chair, 4 Vice-Chair, Secretary and Treasurer, and appoint any staff necessary to coordinate the activities of the Commission and to draft all necessary Commission documents. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall adopt by-laws governing its procedures including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this Agreement. The Commission may amend the by- laws from time to time. Section 6. Officers of the Commission shall be elected for two-year terms. Officers completing one full two-year term shall only succeed themselves once in another full two-year term in the same office VIII. POWERS AND DUTIES OF THE COMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth ip this Article. Section 2. The Commission may make such contracts, grants, and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization. The Commission may not contract for the purchase of real estate without the prior authorization of the Member municipalities. Any purchases or contracts made shall conform to the requirements applicable to Minnesota statutory cities. Section 3. The Commission shall assume all authority and undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each Member except for that authority and those tasks specifically retained by a Member. Section 4. The Commission shall continually review the operation and performance of any System serving a Member. 5 Section 5. The Commission shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee to the extent permitted by law. Section 6. The Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. It may employ such other persons as it deems necessary to accomplish its powers and duties. Such employees may be on a full-time, part-time or consulting basis, as the Commission determines, and the Commission may make any required employer contributions which local governmental units are authorized or required to make by law. Section 7. The Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of State and Federal regulatory, legislative or administrative bodies, on any matter related to or affecting cable communication rates, franchises or levels of service. Section 8. The Commission may obtain from Grantee and from any other source, such information relating to rates, costs and service levels as any Member is entitled to obtain from Grantee or others. Section 9. The Commission may accept gifts, apply for and use grants, enter into Agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. Section 10. The Commission shall cause an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the Members. Its books and records shall be available for examination by the Members at all reasonable times. 6 Section 11. The Commission may delegate authority to its executive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such a manner as the Commission may determine. Section 12. The Commission may exercise any other power necessary and incidental to the implementation of its powers and duties. IX. OFFICERS Section 1. The officers of the Commission shall consist of achair, avice-chair, a secretary and a treasurer. Section 2. A vacancy. in the office of chair, vice chair, secretary or treasurer shall occur for any of the reasons for which a vacancy in the office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. The four officers shall all be Members of the executive committee. Section 4. The chair shall preside at all meetings of the Commission and the executive committee. The vice-chair shall act as chair in the absence of the chair. Section 5. The secretary shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. Section 6. The treasurer shall be responsible for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as shall be delegated by the Commission. The Commission may require that the treasurer post a fidelity bond or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Commission. Said fidelity bond or other insurance may cover all persons authorized to handle funds of the Commission. 7 Section 7. The Commission may appoint such other officers as it deems necessary.. All such officers shall be appointed from the membership of the Commission. X. FINANCIAL MATTERS Section 1. The fiscal year of the Commission shall be the calendar year. Section 2. Commission funds may be expended by the Commission in accordance with the procedures established by law for the expenditure of funds by Minnesota Statutory Cities. Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the chair and treasurer. Contracts shall be let and purchases made in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial contribution of the Members in support of the Commission shall be in direct proportion to the percent of annual franchise fee revenues and other support payments attributable to each Member relative to the total annual franchise fee revenues and other support payments attributable to all Members in the Commission for the prior year multiplied by the Commission's annual budget. The annual budget shall establish the contribution of each Member for the ensuing year. The Commission is hereby designated as the entity to whom the Member's Franchise Fee and other support payments (such as PEG Fees) shall be paid by Grantees. Any payments received in excess of the Commission budget shall be returned to the Members in the same proportion as each Member's contribution to the Commission budget. The Members agree to use any returned contributions for cable-related expenses. Section 4. The Commission shall assist Members with the processing of any application(s) for an additional, competitive franchise(s), and the negotiation of franchise terms, 8 in accordance with a written policy which the Commission may, from time to time, modify as deemed necessary or appropriate. In the event a Member issues an additional, competitive franchise on or after the date of this Agreement, the Member shall require that the additional franchise requires the payment of Franchise Fees and other support payments (such as PEG Fees) in an amount equivalent to that paid by the cable company operating pursuant to the Members' franchises effective as of the date of this Agreement, and shall further require that Franchise Fees and other support payments made by any/all Grantees are paid directly to the Commission in accordance with Section 3 above. Section 5. The initial budget of the Commission shall be formulated by the Commission and submitted to the members within 120 days of the organizational meeting of the Commission. The initial budget of the Commission shall be deemed approved by a Member unless within 60 days of receipt of said initial budget a Member gives notice in writing to the Commission that it is withdrawing from the Commission. A proposed budget for any ensuing calendar year shall be formulated by the Commission and submitted to the Members on or before August 1. Such budget shall be deemed approved by a Member unless, prior to October 15 preceding the effective date of the proposed budget, the Member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before November 1 of each year. Section 6. Any Member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory Cities. XI. DURATION 9 Section 1. The Commission shall continue for an indefinite term unless the number of Members shall become less than four (4). The Commission may also be terminated by mutual agreement of all of the Members at any time. Section 2. In order to prevent obligation for its financial contribution to the Commission for the ensuing year, a Member shall withdraw from the Commission by filing a written notice with the secretary by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and Membership shall continue until the effective date of the withdrawal. Prior to the effective date of withdrawal a notice of withdrawal may be rescinded at any time by a Member. If a Member withdraws before dissolution of the Commission, the Member shall have no claim against the assets of the Commission. A Member withdrawing after October 15 shall be obligated to pay its entire contribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Section 3. In the event of dissolution, the Commission shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the Commission all remaining assets of the Commission, after payment of obligations, shall be distributed among the then existing Members in proportion to the most recent Member by Member breakdown of the franchise fee as reported by the Grantee. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to conclude its affairs but for no other purpose. Section 4. This restated Agreement replaces and supercedes any prior joint and cooperative agreement for the administration of a cable communications system by and between the parties hereto. wj 10 IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be signed on its behalf this day of , 2007. WITNESSED BY: Filed in the office of the City Administrator of the City of this day of .2007. of By By Its 11 SHERBURNE/WRIGHT COUNTIES CABLE COMMUNICATIONS COMMISSION POLICY GOVERNING COMPETITIVE CABLE FRANCHISING Preamble The ten (10) member cities comprising, pursuant to a Joint and Cooperative Agreement, the Sherburne/Wright Counties Cable Communications Commission (the "Commission") have issued cable television franchises authorizing construction and operation of a cable system under Minnesota Statutes, Chapter 238. Modern telecommunications policy, law and regulations encourage the emergence of competition in all telecommunications markets. Increased competition in the provision of all forms of telecommunications and video services is expected, including in the provision of cable television service. The emergence of such competition could increase the quality and availability of enhanced telecommunications and video services via cable systems, encourage lower rates, encourage better customer service, and generally benefit consumers. Policy regarding application for and review of applications for a competitive cable franchise will streamline the processing of requests to construct broadband cable systems. In view of the foregoing, the Commission has formulated Policy that governs the submission and review of cable franchise applications submitted by applicants seeking to provide additional cable services within the Commission's boundaries. Pursuant to this Policy, the Commission has delineated the information which must be provided in an application for a competitive franchise and detailed a process for review of such application and negotiation of the terms of a franchise agreement. Section 1. Definitions "Applicant" shall mean a person that files an Application with the Commission or one of its members. "Application" shall mean the information, documentation, and data, of the form and substance required herein, filed to request issuance of a competitive Franchise. "Application Fee" shall mean a fee which is intended to cover all costs incurred in processing Applications up to and including the grant of a Franchise (if any) including, but not limited to, staff and attorney's time in reviewing and considering an Application and related information, negotiating the terms and conditions of a Franchise, and preparing recommendations and other documentation related to such Application. "Cable Service" shall mean (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. -2- "Cable System" shall mean a facility designed, in whole or part, to provide Cable Service including a "cable communications system" as defined in Minnesota Statutes § 238.02, Subd. 3, and judicial interpretations thereof, including specifically an "open video system" that complies with 47 U.S.C. § 573, but not including a facility that does not use any Public Rights-of--Way. "Franchise" shall mean a nonexclusive authorization to construct, own, control, operate, maintain, or manage a Cable System. "Public Rights-of--Way" shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within a member city in which the city now or hereafter holds any property interest, which, consistent with the purposes for which is was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a Cable System. No reference in this Policy to a "Public Right-of--Way" shall be deemed to be a representation or guarantee that this Franchise permits use of the property for the purpose of installing, operating and maintaining a Cable System without obtaining additional rights as may be necessary. "Subscribers" shall mean any person or entity who receives service via a Cable System. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. Section 2. Applicability of Policy This Policy applies to every Cable System that will be operated within the territorial limits of the Commission. Authority: Minn. Stat. § 238.03 Section 3. Franchise requirement Subd. 1. In accordance with Minnesota state law, a Franchise shall be required of any person seeking to operate a Cable System or provide Cable Service within the Commission's boundaries. Subd. 2. Nothing in this Policy shall be construed to limit the Commission's authority, or that of its members, to construct, purchase, and operate a Cable System or otherwise provide any telecommunications or Cable Services either for internal purposes or for sale to the public. Authority: Minn. Stat. § 238.08 Section 4. Application for Franchise Subd. 1. Notice of Intent. In the event the Commission or a member city receives notice that a person is interested in applying for a Franchise, notice of intent to Franchise shall be published within a reasonable time. Such notice shall be given in accordance with Minn. Stat. § 238.081, Subd.l, which requires publishing notice of intent to Franchise each week for two -3- successive weeks, allowance of 20 days from initial publication for submission of Applications and a public hearing at least seven days before introduction of the Franchise into public proceedings. Subd. 2. Review of Applications. Applications for a competitive Franchise shall contain such information as is required below in this Policy and shall be submitted to the Commission or a member city. Review of any Applications pursuant to this Policy and final determination regarding issuance of a Franchise shall be based on the record. Relevant factors may include the level, quality and nature of Cable Services proposed by the Applicant, the identified needs and interests of the community and institutions, and information regarding industry trends, state of the art technologies, services and other related information. Subd.3. Public Hearing on Applications. A public hearing before the Commission or a member city affording reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be scheduled in accordance with Minn. State. § 238.081, Subd. 6. The Commission shall ensure that the current franchisee receives written notice of the hearing. Subd. 4. Negotiation of Franchise Terms. During the period after submission of an Application, the Commission, member city, and Applicant may negotiate specific Franchise terms and conditions. In addition, during this period the Commission and/or member city shall review the Application and may request such additional information as may be deemed necessary. Subd. 5. Award of Franchise. Any Franchise shall be awarded by ordinance. The decision concerning award of a Franchise shall be based on applicable law and the record including the Application, information provided by the Applicant, and other relevant information received. The Commission or member city may consider information developed during any negotiations with the Applicant and any information or evidence provided by the current franchisee. The Applicant shall bear the burden of demonstrating that issuance of a Franchise is consistent with applicable law and in the public interest. Subd. 6. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay an Application Fee as provided below. The Application Fee is required for the purpose of reimbursing all costs associated with processing Applications pursuant to this Policy. Authority: Minn. Stat. § 238.081 Section 5. Information Required in Application. An Application for a competitive Franchise must be signed by an authorized officer or principle of the Applicant, if a corporate entity, and be notarized. An Application must include at least the following: (1) a statement that the Applicant seeks to construct a Cable System and to provide Cable Services within the Commission or member city thereof; (2) the name, street address, a-mail address and telephone number of the individuals who are authorized to provide and certify information on behalf of the Applicant; (3) plans for analog and digital channel capacity, including both the total number of analog and digital channels capable of being energized in the system and the number of analog and digital channels to be energized immediately; -4- (4) a statement of the television and radio signals for which permission to carry will be requested from the Federal Communications Commission, or any other required regulatory agency; (5) a description of the proposed system design and planned operation, including of least the following items: (i) the general area for location of.any antennae, head end facility, and any other equipment sheds; (ii) the schedule for activating two-way capacity and any other system capacity to be activated in conjunction with the Cable System; (iii) the type of automated services to be provided; (iv) the minimum number of video channels, other Cable Services, and other kinds of services to be made available to residents; (v) the number of channels and services to be made available for community/access programming; and (vi) a plan for funding of facilities and staff for community/access programming and/or a plan for interconnection and provision of such programming in cooperation with the current franchisee. (6) plans for the provision of "in-kind" services and the terms, conditions and technical standards under which particular services is to be provided to governmental, educational, and other institutional entities; (7) a list of all institutions proposed to receive Cable Service and any other communications services; (8) a schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services; (9) a time schedule for construction of the entire system, specifically identifying the sequence for wiring and activating various segments of the system or areas to be served; (10) information supporting and indicating the Applicant's financial, technical and legal qualifications and experience in the cable communications field, if any; (11) an identification of the municipalities in which the Applicant either owns or operates a Cable System, directly or indirectly, or has outstanding Franchise for which no system has been built; (12) detailed plans for financing of the proposed system, which must indicate every significant anticipated source of capital and significant limitations or conditions with respect to the availability of the indicated sources of capital; (13) a statement of ownership detailing the corporate organization of the Applicant, if any, including the names and addresses of officers and directors and the number of shares held by each officer or director, and intracompany relationship including a parent, subsidiary or affiliated company. (14) a statement that the Applicant will indemnify the Commission and member city fully against any claims for liabilities alleged as the result of exercise of this Policy, including any alleged or asserted by the current franchisee; (15) a representation that the Applicant will pay a Franchise fee in the same percentage of gross revenues as the current franchisee; (16) a notation and explanation of omissions or other variations with respect to the requirements of the Application; and (17) submission of an Application Fee in an amount established by the Commission. Authority: Minn. Stat. § 238.081 -5- tk+n p ~ ed ~ 1 ~ o ~ a.oo5 C ka r ~-ea- t_.u ~muv~.u ~a.-l' auk CITY OF MONTICELLO, MINNE5OTA ~r ORDINANCE NO. 42Q AN ORDINANCE GRANTING A FRANCHISE TO CC Vll[ OPERATING LLC D/B/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF MONTICELLO, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Monticello, a municipal corporation of the State of Minnesota ("City") and CC VIII Operating LLC dlbla Charter Communications, a limited"liab-ility corTipany_(„G:~.~~-~.)-_ ., _ ---- ---- --- ----- - -- --=-- 2. Pursuant to Ordinance No. 419 ("Cable Ordinance"), the City is authorized to grant and issue anon-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee has requested that its current franchise be renewed pursuant to Section 626(h} of the Cable Act. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to grant and issue the Franchise to Grantee. 5. This Franchise is nonexclusive and is intended to comply with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless othenuise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. Section 1.2 Written Notice. All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of RJV-2~7246v I SH25~-1 Grantee or the City Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Monticello Attn: City Administrator 505 Walnut Avenue, Suite 1 Monticello, Minnesota 55362-8822 With copies to: Chair, Sherburne/V1lright Counties Cable Communica#ions Commission c/o City of Buffalo 212 Central Avenue Buffalo, MN 55313 If to Grantee: Charter Communications Attn: General Manager 1215 N . 15«' St. St. Cloud, MN 56302 With copies to: Charter Communications Attn. VP of Government Affairs 12405 Powerscourt Drive St. Louis, MO 63131 Such addresses may be changed by either party upon notice to the Other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to .erect, construct, operate and maintain in, along, across, above, over and under the Rights-of-Way, now in existence and as may be created or established during fhe term of this Franchise any poles, wires, cable, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation of a Cable System in the City. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal, state or local law. b. This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchise, Grantee agrees to be bound by the terms of the Cable Ordinance. This Franchise is a contract and except as to those changes which are the result of the City's lawful exercise of its general police powers, the City may not take any unilateral action which materially changes the explicit mutual KJV-2S72a6v1 Sl[2ii_1 promises in this contract. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. c. This Franchise shall be nonexclusive and City may grant additional Franchises at any time. The City will not grant an additional Franchise on terms and conditions more favorable or less burdensome than those in this Franchise. The City may impose additional terms and conditions in any additional Franchise. d. in the event the City grants an additional Franchise that a Grantee believes is more favorable or less burdensome than in this Franchise, the Grantee shall have a right to petition for Franchise amendments to relieve the Grantee of provisions making its Franchise less favorable or more burdensome. - - The Grantee sha>I fife a-petition that: -.. _° -- .. ., - - -,-: __.._ _ _ -- 1. Identifies the competitors}; 2. Identifies the basis for Grantee's belief that certain provisions of the additional Franchise are more favorable or less burdensome than its existing Franchise; 3. Identifies the Franchise provisions to be amended. The City shall not unreasonably deny such a petition. e. Grantee acknowledges the City's right to issue this Franchise. Upon acceptance of this Franchise by Grantee as required by Section 8 herein, this Franchise shall supercede and replace any previous ordinance or other authorization granting a Franchise to Grantee, and aI! rights, obligations and claims under any previous Franchise are extinguished, except that the Grantee's obligation to indemnify the City against claims that arose during the term of the previous Franchise shall continue in full force and effect. Section 2.2 Franchise Term. This Franchise will be in effect for a period of fifteen (15} years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. This Franchise is granted for the corporate boundaries of the City, as it exists from time to Time, subject to the density requirement of Section 2.3.b below. The City will notify the Grantee in writing in the event the City annexes any areas that the Grantee will be required to serve. b. The Gran#ee will extend its System and offer Cable Service, within a reasonable time, after a request for Service, to areas with a density of at least RJV-2>724bv1 SFi2i5-t nine (9) residential units per one-quarter (1/4) cable mile of System, as measured from the nearest Cable Sys#em trunk line or distribution cable as of the date of such request for Service. Where the density is less than that specified above, the Grantee may require that Persons requesting Service pay a portion of the cost of the capital cost of the fine extension in advance. The Grantee shall provide a free written estimate of the total cost for extension and the required payment amount within fifteen (15) days of the request for Service. The charge for installation or extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. Subscribers shall also be responsible for any standard/non standard installation charges to extend the Cable System from the tap to the residence. SECTION 3. SYSTEM _ _ _ _._. _ ._ _.. - - - r _ Section 3.1 System Capacity. Grantee will continue to operate a System providing a minimum of at least 75 video programmed Channels throughout fhe term of this Franchise. The System must have return capability and permit "narrowcasting" as provided in Section 4.2{c). Section 3.2 Construction Deadline. Except for Grantee's System extension obligations pursuant to Section 2.3, System construction is substantially complete. Except as otherwise required by a Right-of Way Ordinance, Grantee will use best efforts to complete any System extension and construction of new facilities for new developments contemporaneous. with installation of other utilities. The Gity shall provide reasonable and timely advance written notice of the location of all new developments to Grantee. SECTION 4. COMMUNITY SERVICES Section 4.1 Commercial Video Programming. The Grantee will provide broad categories of video programming, including news, sports and entertainment. Section 4.2 PEG Access Facilities. a. Access Channels. The City agrees to return to the Grantee three (3) of the five (5) Channels previously dedicated for public, education, and government access (hereinafter "PEG Access") programming. The Grantee must continue to dedicate two (2} Channels for PEG Access programming. The two {2) PEG Access Channels must be cablecast on the Basic Cable Service tier. Alf Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The VHF spectrum R1Y-2j72dGvl 4 tiFI~iS-I must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 1(z), and applicable FCC regulations. b. Responsibility for PEG Access. The City will operate, administer, and manage PEG Access programming pursuant to this Section 4.2. By January 1, 2006 the City will assume responsibility for the channel currently used for public access programming. Until such .time, the Grantee will continue to provide and manage public access programming on the channel. The City may delegate its PEG Access authority and responsibilities to the Commission. The Grantee acknowledges that the Commission may coordinate the expenditure of Franchise Fees and PEG Capital Fees by and among the Commission's member municipalities. Nothing herein shall obligate the City to make equipment or channels available for public access programming or to any particular c. Narrowcast. By not later than May 15, 2005, the Grantee must ensure that at least one (1) PEG Access Channel permits the City to "narrowcast" programming; i.e. permits a program to be cablecast on such Channe{ for viewing solely by City residents while residents in adjoining cities served by the Grantee simultaneously view other programming on that Channel. d. Live Origination. The Grantee must ensure that live programming may be originated and cablecast from the public institutional sites listed in Exhibit A attached provided however, that the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) feet of any new System construction necessary to permit live origination at such site and shall not be required to provide end-user equipment. The City may designate additional live programming sites. The City shat! pay any additional, actual construction cost prior to additional construction and shall be responsible for the provision of end- user equipment. The Grantee must ensure that the System meets the technical standards attached as Exhibit B at all live origination sites. The Grantee must further ensure that the City can "narrowcast" programming originated from ail of the sites designated pursuant to this paragraph. e. PEG Access Capital Support. In addition to the requirements of Section 4.2(a)-(d) above, the City may require Grantee to collect and remit a PEG Capital Fee of up to eighty-five cents ($.85) per Subscriber, per month to support community programming. The Grantee shall remit such payments on the same schedule as the Franchise Fee. All amounts paid shall be subject to audit and recomputation and acceptance thereof does not constitute an accord that amounts paid are correct. For the year 2005, the Grantee must be notified by March 1, 2005, and thereafter the Grantee must be notified in writing on or before October 1St of the amount of the PEG Capital Fee to be effective on January 1St of the following year. if the Ci#y fails to provide the written notification required herein by October 1St, then the PEG Capital Fee far the following calendar year shall be set at $0.00. Grantee may itemize any PEG Capital Fee tt,i V-?~72d6v 1 S1125 ~-I on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Franchise Fee. The City and the Grantee shall jointly fund and sponsor a Subscriber survey during the fifth and tenth years of this Franchise for the purpose of assessing Subscriber satisfaction with PEG Access programming and the .levels of financial support that. Subscribers are willing to provide. Upon completion of the survey, the City and Grantee shall meet to discuss the level of support for PEG Access programming and enter into good faith discussions regarding revisions to this Section that may be appropriate in light of the survey. f. Use of PEG Cat~ital Fee. The City and Grantee agree that the City will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated with PEG Access. Historically the City has provided, on an annual basis, substantial financial support for PEG Access programming. In consideration for Grantee's obligation to remit the PEG Capital Fee, the City agrees to provide financial support for PEG Access that is equivalent to the amount of PEG Capital Fees collected and provided to the City. By March 31St of each year, the City shall provide Grantee with an annual report of any expenditures of the PEG Access Capital Fee to insure such fees are used for capital costs related to PEG Access. The annual report .shall also demonstrate how the City fulfilled its requirement to provide matching support for PEG Access. Based on the report, the Grantee may send a written notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was used for capital or that matching PEG Access support was provided. The City shall have thirty (30) days after receipt of the written notice to provide additional information demonstrating compliance with the requirements of this Section. If the Grantee continues to allege that the City has not complied with its obligations herein, the Grantee may provide written notice of its intent to reduce andlor discontinue collecting and remitting the PEG Capital Fee. If the City disputes the Grantee's actions, it may initiate any enforcement action under the Cable Ordinance it deems appropriate. g. Access Rules. The City may implement rules governing PEG Access Channels and programming. h. Parity of Obligations. The City will impose equivalent PEG Access obligations on any other franchised provider of Cable Service in the City to the extent provided by law. Section 4.3 Drops and Service to Public Buildings. a. The Grantee must provide monthly Basic Cable Service and Cable Programming Service (excluding pay-per-channeE or pay-per-program) and install one (1) Drop and one (1} outlet wi#hout charge to the public institutional sites listed in Exhibit A attached. The programming provided by Grantee is not for public display. The City shall hold the Grantee harmless for any copyright, or other penalties, incurred due to improper use of free service. The Grantee shall not be required to provide Converters. RJV-~?7246v1 SN25i_I b. The Grantee must provide a Drop, outlet and Basic Cable Service and Cable Programming Service to such other accredited public schools or public administration buildings as the City may subsequently designate, provided however, that the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) feet of any necessary System construction. The City or institution shalE pay any additional actual construction cost. The Grantee will have a .reasonable time from the designation of additional sites to complete extension. Additional Drops andlor outlets at institu#ional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outsets at their own expense. Section 4.4 Drop Box. The Grantee must maintain a local drop box for receiving Subscriber payments in the City. - _ . -._ -._ - ... - . - - SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the City on a quarterly basis within 60 days of the close of the preceding calendar quarter. Payments shall be based on Grass Revenues generated during the preceding quarter. b. Each Franchise Fee payment must be accompanied by a report in form reasonably acceptable to City detailing the computation of the payment. All amounts paid are subject to audit and recomputation by the City, and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. In accordance with Minn. Stat_ § 541.05, any action to recover Franchise Fees must be commenced within six (6) years of receipt of the Franchise Fee payment or due date for such payment. c. fn the event that any Franchise payment or recomputed payment is not made on or before the dates specified herein, Grantee shall pay an interest charge, computed from such due date, at the annual rate of one percent over the prime interest rate. Section 5.2 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable Paws or regulations. RJ V-2?72~v 1 SH2i~-1 SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. a. The Grantee must furnish to the Commission, for the benefit of the City, a performance band in the amount of Fifty Thousand Dollars ($50,000.00} in a form and substance reasonably acceptable to the Commission, which bond may also be used comply with parallel bonding requirements. imposed by the other members of the Sherburne-Wright Counties Cable Communications Commission. At the time of acceptance of this Franchise, the Grantee will file with the Commission an evidence of receipt of such bond. The Grantee must maintain the bond until this Franchise expires or is terminated, and the Grantee has liquidated all of its obligations with the City. b. The band shall be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the security, will be recoverable jointly and severally from the principal and surety of the bond, and further guaran#eeing payment by the Grantee of claims, liens and taxes due the Ci#y which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City is entitled to collect any resultant damages, costs or liabilities incurred by the City. c. The City and Grantee acknowledge that it may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City may, in its reasonable discretion, collect liquids#ed R1V-2i7246v1 SIi2~~-1 damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights herein are in addition to all other rights the City may have and the City's exercise of such rights does not constitute an exclusive remedy nor limit any other right. Section 6.4 Construction Bond. a. During periods in which System construction, rebuild, upgrade or line extension costs are expected to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in an amount mutually agreed upon. b. Upon completion of System. construction requiring provision of a construction bond, the Grantee must provide written notice to City. Within thirty (30) days of receipt of such notice, the City must notify the Grantee whether the construction is complete or specify those items that are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within thirty (30} days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction band shall be returned to Grantee. c. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcemen# of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City may have. Any action with respect to the construction band does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.7 Amendment of Franchise Ordinance. The Grantee and the City may mutually agree, from time to time, to amend this Franchise. Any changes, modifications or amendments to this Franchise must be made in writing, signed by the City and the Grantee. Nothing herein is intended to expand or diminish the rights given to City under state law. The City li~v-2;rzae~ t 9 SI-{2»-t reserves its lawful rights, including its police powers, ordinance-making authority, and under power of eminent domain law. Section 7.2 Farce Majeure. fn the event Grantee's performance of #his Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid, preempted or unenforceable, the remainder- and all-the terms;-provisions-and=cond-itions-herein must, in ail other respects, continue to be effective provided the loss of the invalid, preempted or unenforceable provisions do not substantially alter the agreement between the Parties. In the event a law, rule or regulation is subsequently repealed, rescinded, amended ar otherwise changed so that the Franchise provision which had been held invalid, preempted or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding upon thirty (30) days written notice to the Grantee. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to work performed by any agent, subcontractor or other Person performing any work or services an behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. RJ V-2 i i2~6v I 10 SFf2»-f Section 7.7 Entire Agreement. This Franchise sets forth the entire agreement between the parties respecting the subject matter hereof. AN agreements, covenants, representations, and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another withl respect to the matter of this Franchise. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties with respect to the subject matter hereof are waived, merged herein and therein and are superseded hereby and thereby. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. This Franchise shall be enacted and published in accordance with applicable local and Minnesota law. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within sixty (60) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction band and insurance certificates required herein that have not previously been delivered, with its acceptance. tw-~; 7?A(ro i I 1 SFi2>i-I Section $.4 Failure to Accept. fn the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adop#ed this 10#h of January, 2005. CITY OF MONTICELLO, MINNESOTA By: Its: Mayor -- _ . _ By: Its: City Administrator ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. CC VIII OPERATING LLC DIBlA CHARTER COMMUNICATIONS By: Its: Date: _ , 2005 R! V-2i 724bv I ~ 51-12x5- I EXHIBIT A (Live Origination and Free Service Sites} Monticello Municipal Liquor Store 545 Hwy 25 Monticello 55362 Drop Ellison Park 825 East River Street Monticello 55362 LivelDrop Swan Park 121 Mississippi Drive Monticello 55362 LivelDrop 3rd and Palm street Mon#icello 55362 LivelDrop Monticello Public Library 200 6th Street west Monticello 55362 LivelDrop Xcel Ballfield complex 2'171 W. River Street Monticello 55362 Live/Drop Soccer park 5550 School Blvd. Monticello 55362 Live/Drop Hockey Arena 1000 East Broadway Monticello 55362 LivelDrop City -I~alUEommurrityCenter -5fi5-tN~alnut ~fireet Montieello~~55362~ - ~ -Live/Drop High School 5225 School Blvd. Monticello 55362 LivelDrop R1V-2i7246v1 ~~ $112~i-I EXHIBIT B (Technical Standards- Live Origination Sites) With respect to all sites listed in Exhibit A, the System shall meet or exceed the following requirements: 1. The System shall operate in conformance with the technical standards promulgated by the FCC pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. 2. The System shall be capable of continuous 24-hour operation without signal degradation. 3. The System shall be capable of operation without failure, ma#erial performance changes or signal degradation over an outdoor temperature range of -40 degrees F to +130 degrees F and over a variation in supply voltages from 105 to 130 volts AC. 4. The System will provide access channel connections up to the demarcation point, bath upstream and downstream, without material signal degradation or deterioration and with signal quali#y equal to ar better than any other channels. Material signa! degradation or deterioration where any signal problem including ghosting or other audio or visual distortion or interference is apparent without special testing. The Grantee shall not be responsible far technical problems deriving from facilities or equipment located beyond the demarcation point, within the institutional site. R.I V-2S 72Jbv 1 14 SI-12??-I ~~-~t,~ Z o o S~ CITY OF MONTICELLO ~~" ~ ~~ D ~ ~ ~~ A`~l1 C~ ORDINANCE N0.419 SECTION 1. FINDINGS AND INTENT The City finds that the delivery of Cable Service and related communications services may contribute significantly to the communication needs and desires of residents of the City, benefit local economic development, and improve public and municipal services. The City's intent in adopting this Cable Ordinance is to encourage further development of Cable Service and reiated communications services in the City, and to ensure that all Cable Service providers are subject to comparable obligations and burdens. SECTION 2. SHORT TITLE This Ordinance will be known and cited as the "Cable Ordinance." SECTION 3. DEFINITIONS For the purposes of this Cable Ordinance, the following terms, phrases, words, and their derivations have the meaning given herein. Unless otherwise provided herein, terms, phrases and words contained in this Cable Ordinance shall have the meaning ascribed in the Cable Act, 47 U.S.C. Sec. 52'1, of seq., or if not defined herein or in the Cable Act will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" has the meaning ascribed in Cable Act Section 522{3) and 543(b)(7). b. "Cable Communications System," "Cable System" or "System" has the meaning ascribed in Cable Act Section 522(7) and Minnesota Statutes, Section 238.02, Subd. 3. c. "Cable Programming Service" has the meaning ascribed in Cable Act Section 543(1)(2). d. "Cable Service" has the meaning ascribed in Cable Act Section 522(6). c. "Channel" has the meaning ascribed in Cable Act Section 522(4). f. "C~" means the City of Monticello, Minnesota, a municipal corporation, in the State of Minnesota. g. "Commission" means the SherburneNllright Counties Cable Communications Commission, a municipal joint powers entity consisting of the following municipalities: xiv-zs7a~+sYt sHZ~s-t Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford and Watertown. h. "Drop" means the cable that connects the ground block on the Subscriber's Terminal Device to the nearest feeder cable of the System. i. "FCC" means the Federal Communications Commission, or its lawful successor. j. "Franchise", "Cable Franchise" or "Franchise Agreement" means an agreement between the City and any provider of Cable Service pursuant to this Cable Ordinance granting authorization to construct, operate and maintain a System and provide Cable Service in the City. k. "Franchise Fee" has the meaning ascribed in Cable Act Section 542{g). 1. "Grantee" is any recipient of a Franchise, and its agents and employees, lawful successors, transferees or assignees. in. "Gross Revenues" means all revenues, as determined in accordance with Generally Accepted Accounting Principles ("GAAP"), received by a Grantee or its affiliates from the operation of a Cable System to provide Cable Service in the City. By way of example and not limitation, Gross Revenues shall include any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. Gross Revenues shall not include. revenues received by a Grantee or its affiliates from the provision of Telecommunications Services or other non-Cable Services in the City, bad debt, credits, refunds and deposits paid to Subscribers, or any taxes, fees or assessments of general applicability collected by a Grantee which are imposed directly on a Subscriber and which are collected by a Grantee for such governmental unit including any PEG Capital Fees. A Franchise Fee is not such a tax, fee or assessment. n. "Installation" means the connection of a System with the Subscriber Terminal Device. o. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. p. "Normal Business Hours" has the meaning ascribed in the FCC's rules, 47 C.F.R. 76.309(c)(4}. q. "Normal Operating Conditions" has the meaning ascribed in the FCC's rules, 47 C.F.R. 76.309(c)(4). r. "PEG Access Facilities" means public, educational, and governmental programming channels, or any equipment or facilities for use of such Channels. iuv-z ~7?~l8v 1 2 sHZSS-i s. "Person" has the meaning ascribed in Cable Act Section 522{15). t. "Right-of-Way" or "Rights-of-Wad" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. Right-of-Way does not include the airwaves above aRight-of-Way with regard to wireless or other nonwire telecommunications or broadcast service. u. "Right-of--Way Ordinance" means an ordinance of general applicability adopted by the City establishing requirements regarding regulation, management and use of Rights-of-Way, including registration and permitting requirements. v. "Standard Installation" means any residential installation that can be completed using a Drop of 150 feet or less. w. "Subscriber" means any Person who lawfully receives Cable Service via a System. x. "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. § 153{46). y. "Terminal Device" means an electronic device that converts signals to a form accessible by the Subscriber. SECTION 4. FRANCHISES Section 4.1 Generally a. No Person may construct, operate, or maintain a Cable System or provide Cable Service in the City unless and until such Person is granted a Franchise. Ail Franchises must be granted pursuant to the provisions of this Cable Ordinance. b. Any Franchise granted hereunder will authorize a Grantee to deliver Cable Service and construct, operate and maintain a Cable System in the Rights-of--Way in the City. c. All Franchises shall be nonexclusive and Gity may grant additional Franchises at any time. The City will not grant an additional Franchise on terms and conditions more favorable or less burdensome than those in an existing Franchise. The City may impose additional terms and conditions in any additional Franchise. d. In the event the City grants an additional Franchise that a Grantee believes is more favorable or less burdensome than its existing Franchise, the Grantee shall have a right to petition for Franchise amendments to relieve the Grantee of provisions R!V-2j72~1Sv1 SH25~-I making its Franchise less favorable or more burdensome. The Grantee shall file a petition that: Identifies the competitor(s); 2. Identifies the basis for Grantee's belief that certain provisions of the additional Franchise are mare favorable or less burdensome than its existing Franchise; 3. Identifies the Franchise provisions to be amended. The City shall not unreasonably deny such a petition. e. This Cable Ordinance and Franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238.. Any applicable requirement established by Minn. Stat. 238.484 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed incorporated by reference in the Franchise as though fully set forth therein. £ The performance of any Grantee is subject to periodic evaluation by the City upon reasonable notice to the Grantee. Section 4.2 Use of Rights-of-Way a. Use of Rights-of-Way to operate a Cable System and provide Cable Service must not be inconsistent with the terms and conditions by which such Rights-of-Way were created or dedicated. Use of Rights-of--Way is subject to all applicable legat- requirements including any Right-of-Way Ordinance enacted by the City, provided however that to the extent that rights, duties and obligations regarding the use of Rights-of-Way are specifically addressed in a Franchise, such Franchise terms shalt prevail over any conflicting provisions of a Right-of-Way Ordinance. b. The City may construct, maintain, repair or relocate sewers; grade, pave, maintain, repair, relocate and/or alter any Right-of-Way; construct, repair, maintain or relocate water mains; or construct, maintain, relocate, or repair any sidewalk or other public work. c. All System facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of Rights-of-Way, alleys and other public ways and places, and cause minimum interference with the rights of property owners who abut any of the said Rights-of-Way, alleys and other public ways and places, and not in#erfere with existing public utility installations. d. To the extent required in a Right-of-Way Ordinance, a Grantee must file with the City strand maps, plats, ar other record of the location of all facilities constructed in the City, including underground facilities. A Grantee must update such maps, plats and permanent records annually if changes have been made in the System. Consistent a.iv-zs724sv i 4 SFI25>-1 with applicable state law, Grantee may identify such maps, plats or other records as "confiden#ial trade secret," and City shall comply with all state laws regarding the protection and dissemination of such materials. e. If the City alters, or changes the grade or location of any Right-of-Way, alley or other public way, a Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other System fixtures, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the Right-of--Way, the affected Grantee will be likewise reimbursed. f. A Grantee shall not place poles, conduits, or other System fixtures where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right-of-Way shall be so placed as to comply with all lawful requirements of City. g. A Grantee will, on request of any Person holding a moving permit issued by the City, temporarily move wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee will be given no less than ten (10) business days advance notice to arrange for such temporary changes. h. A Grantee will be liable for the failure to exercise reasonable care during construction, operation or maintenance of a System. Section 4.3 Tree Trimming A Grantee is authorized to trim any trees upon and overhanging the Rights-of Way, alleys, sidewalks, or public easements of City so as to prevent the branches of such trees from coming in contact with wires and cables of a System. The City may supervise tree trimming activities and condition the authority to trim trees as it deems appropriate. Section 4.4 Franchise Term. Franchises will be granted for a term established in the Franchise Agreement. No Franchise may be granted for a period exceeding frfteen (15) years from the date of acceptance by Grantee. . Section 4.5 Regulation of Cable Service. Any Franchise Agreement adop#ed pursuant to this Cable Ordinance will define the contractual rights and obligations of the City and Grantee, provided however that a Grantee remains subject to the lawful exercise of the City's police power, ordinance- making authority, and power of eminent domain. k~ v-2572~+av i 5 sEizs-i Section 4.6 Initial Franchise Applications. a. Upon request or its own initiative, the City may initiate the cable franchise application process required by Minnesota Statutes Section 238.081. Any Person desiring an initial Franchise must file an application with the City. b. The City will establish an application fee in an amount to offset the costs of processing applications and awarding an initial Franchise. Such application fees will not constitute a Franchise Fee. c. Upon receipt of an application far an initial Franchise, City staff will prepare a report and recommendations to the City Council regarding the application(s). d. A public hearing concerning- applications will be held prior to rejection or acceptance of applications, and award of any initial Franchises. Section 4.7 Franchise Renewal. Franchise renewals will be conducted in accordance with applicable laws. To the extent authorized by applicable laws, the City may require reimbursement of its expenses incurred in processing the renewal. SECTION 5. CONSTRUCTION STANDARDS Section 5.1 Registration, Permits and Construction Codes. a. Within ninety {90) days of acceptance of an initial Franchise, a Grantee shall apply for any necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain or reconstruct a System. A Grantee may submit permit applications as construction progresses, as agreed upon with the City. A Grantee must stric#ly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the facilities used to provide Cable Service in the City. b. The City may inspect any construction or installation work performed pursuant to the provisions of a Franchise. The City may make such tests as it must find reasonably necessary to ensure compliance with the terms of this Cable Ordinance, the Franchise, and applicable provisions of focal, state and federal law. Section 5.2 Repair of Rights-of-Way and Property. a. Any Rights-of--Way or other property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of a Cable System shall be promptly and fully restored by the Grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work. b. If a Grantee fails to promptly perform the restoration required herein, the City shall have the right, following ten {1d) business days written notice to Grantee, to RJV-2i724Rv] SH2~ i-1 restore Rights-of--Way and other public property to a condition as good as that prevailing prior to the Grantee's work. The City shall be fully reimbursed by the Grantee fior its actual costs relating to such restoration. Section 5.3 Undergrounding of Facilities. a, In all areas of the City where utility facilities are required to be placed underground, or where all other utility lines are underground, a Grantee must construct and install System facilities underground. b. A Grantee must bury new Drops within a reasonable time period, subject to weather conditions. In the event the ground is frozen, a Grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 34th. Section v.4 Erection, Removal and Joint Use of Poles. a. !n any area of the City where facilities may be located above ground, a Grantee must make use of existing pales and other facilities to the extent technically and economically feasible. b. No poles, above-ground conduits, amplifier boxes, similar structures, or other wire-holding structures may be erected or installed by the Grantee on public property without prior approval of the City with regard to locafion, height, type and other pertinent aspects. c. All facilities are subject to applicable zoning and other land use regulations. Section 5.5 Safety Requirements. a. A Grantee must at all times employ ordinary and reasonable care in the construction, installation and maintenance of System facilities and must use ordinary and reasonable methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All System facilities must at all times be kept and maintained in good condition, order, and repair so that the same must not menace or endanger the life or property of the City or any Person. b. A Grantee must install and maintain equipment and facilities in accordance with all applicable federal and state laws and regulations, any Right-of-Way Ordinance, and the requirements of the National Electric Safety Code and in such manner that they will not interfere with private radio, police and fire communications or any installations of City or of any public utility serving City. RJV-257248v1 SI-12~~-1 SECTION 6. SYSTEM DESIGN AND EXTENSION PROV1S1ONS Section 6.1 System Capacity and Channels. At a minimum, any Franchise granted hereunder shall describe the Grantee's network in terms of the total System capacity such as the total number of analog and digital video channels that can be provided. Section 6.2 Cable Service Availability. a. Each Franchise will identify a required service area in which a Grantee will be required to offer Cable Service to all dwellings, homes and businesses, subject to a reasonable density threshold. Any additional Franchise will include a service area that is no more favorable or less burdensome than the service area in an existing Franchise. b. Any Franchise granted hereunder may establish requirements for the extension of the System and provision of Cable Service to areas that may be annexed by the City beyond the initially required service area. c. Cable Service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Section 6.3 Non-Standard Installations. A Grantee must provide Cable Service to any Person requesting other than a Standard Installation except that a Grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a Standard Installation. Section 6.4 Technical Standards. Any System offering Cable Service in the City must comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. Section 6.5 System Testing. a. A Grantee shall perform all System testing required pursuant to the FCC's technical standards and requirements. to the event the Gity identifies signal or System performance difficulties which may constitute viola#ions of applicable FCC technical standards, the Grantee will be notified and afforded ten (10) days to correct problems or complaints. If the performance difficulty is not resolved within ten (10) days in City's sole- determination, the City may require the Grantee to demonstrate compliance via testing or other means selected by the Grantee. b. The City may test any System or #acilities used to provide Cable Service in the City. The City will seek to arrange its testing so as to minimize hardship or R!V-2~7243r1 SH2S~-1 inconvenience to Grantee and Subscribers. In the event that testing reveals that the source of the technical difficulty is within the Grantee's reasonable control, the cost of the testing must be borne by the Grantee. If the testing reveals the difficulties #o be caused by factors that are beyond Grantee's reasonable control, the cost of the testing must be borne by the City. Section 6.6 FCC Reports. A Grantee must, upon written request from City, file all required FCC technical reports with the City. Section 6.7 Emergency Alert System. A Grantee must provide an emergency alert system (EAS) that complies with FCC requirements. A Grantee must further ensure that City can insert, or direct the insertion of, brief audio and video emergency messages simultaneously on all Channels or a single Channel to which Subscribers are directed. The City shall indemnify Grantee far City's use of a Cable System for emergency messages. SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS Section 7.1 Regulation of Cable Service Rates: The City may regulate rates for the provision of Cable Service to the extent allowed under federal or state law(s). A Grantee must file a list of current Subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. A Grantee must give the City and Subscribers written notice of any change in a Cable Service rate or charge no less than thirty (30) days prior to the effective date of the change. Section 7.2 Sales Procedures. A Grantee may not exercise deceptive sales procedures that violate state laws when marketing any of its Cable Services within City. A Grantee may conduct marketing consistent with local ordinances and other applicable laws and regulations. Section 7.3 Telephone Inquiries and Complaints. a. A Grantee must maintain focal, toll-free or collect call telephone access fines which will be available to its Subscribers 24 hours a day, seven days a week. A Grantee must comply with the FCC's customer service. standards, a current copy of which is attached hereto. Section 7.4 Complaint and Other Service Records. t~v-z>>zas~i si-tzs~-~ a. Upon written request by the City, and subject to a Grantee's obligation to maintain the privacy of certain information, a Grantee must prepare and maintain written records of all written complaints received and the resolution of such complaints, including the date of such resolution. b. Written complaint records must be on file at the office of a Grantee. Upon written request by the City, a Grantee must provide the City with a written summary of such complaints and their resolution and in a form mutually agreeable to the City and Grantee. c. Upon written request by the City, a Grantee must provide detailed compliance reports on a quarterly basis with respect to the objectively measurable service standards required in #his Section. A Grantee will nat be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards contained in this Section unless a historical record of complaints indicates a failure to comply. Section 7.5 Subscriber Contracts. A Grantee mus# provide to the City upon request any standard form Subscriber contract utilized. Section 7.6 Video Programming. All Franchises will comply with 47 U.S.C. § 544(b), regarding the broad categories of video programming provided. .Individual programming decisions may be made in the Grantee's sole discretion. Section 7.7 Billing and Subscriber Communications. a. A Grantee .must give the City and Subscribers thirty (30) days advance written notice of any changes in rates, programming services, or channel alignments. U. Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within 30 days. Section 7.8 Refunds and Credits. a. Credits must be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. b. In the event a Subscriber establishes or terminates Cable Service and receives less than a full month's Cable Service, the Gran#ee must prorate the monthly rate on the basis of the number of days in the period for which Cable Service was rendered to the number of days in the billing. Refund checks will be issued promptly, ItJV-2i72A8v1 1 O $112~i-1 but no later than the next billing cycle following the return of the equipment supplied by the Grantee if Cable Service is terminated. Section 7.9 Additional Customer Service Requirements. The City may adopt additional or modified customer service requirements to address subscriber concerns or complaints to the extent permitted by law. SECTION 8. COMMUNITY SERVICES Section 8.1 PEG Access Facilities. Franchises will establish obligations to provide PEG Access Facilities to meet the community's needs and interests. The City will operate, administer and manage PEG Access programming and the City may delegate its PEG Access authority and responsibilities to the Commission. Ali franchises must contain equivalent PEG Access obligations on any franchised provider of Cable Services. Section 8.2 Service to Public or Educational Institutions. Franchises will establish obligations for the provision of free or reduced cost Cable Services to identified public or educational institutions. SECTION 9. ADMINISTRATION PROVISIONS Section 9.1 Administration of Franchise. The City will have continuing regulatory authority over Cable Systems, Cable Services, and Franchise compliance. The City may delegate any and all regulatory authority to the Commission. A Grantee must fully cooperate with the Commission in the exercise of regulatory authority delegated by the City. Section 9.2 Franchise Fee. a, A Grantee must pay to the City a Franchise Fee in the amount established in the Franchise Agreement. U. Each Franchise Fee payment must be accompanied by a report certified by an authorized representative of the Grantee, in form reasonably acceptable to City, detailing the computation of the payment. All amounts paid must be subject to audit and recomputation by the City and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. c. A Grantee may designate that portion of a Subscriber's bill attributable to the Franchise Fee as a separate line item on the bill. ~uv-z~~zaxv i 11 SH2»-l Section 9.3 Access to Records. a. The City may, upon reasonable notice and during Normal Business Hours, and subject to the privacy provisions of 47 U.S.C. § 521 et seq., inspect at a mutually convenient location any records of System operations maintained by a Grantee that relate to a Grantee's compliance with its Franchise, including specifically Grantee's Gross Revenue records. A Grantee may identify and label documents as "confidential trade secret" in accordance with Section 4.2 above. b. A Grantee must prepare and furnish to the City such reporfs as City may reasonably request with respect to operation of the System and provision of Cable Services in the City, or any other operations, affairs, transactions or property subject to this Franchise. SECTION 10. INDEMNIFICATION AND INSURANCE Section 90.1 Indemnification ofithe City. a. A Grantee must indemnify, defend and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents from and against any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with the construction, operation, maintenance, repair or removal of a System or other facilities used by a Grantee to deliver Cable Service. b. A Grantee must indemnify, defend, and hold the City, its officers, boards, committees, commissions, elected officials, employees and agents, harmless from and against all lawsuits, claims, actions, liability, damages, costs, expenses or penalties incurred as a result of the award or enforcement of its Franchise. c. A Grantee shalt not be required to provide indemnification or defense for any intentional misconduct, willful neglect or negligence by an indemnified Party, for any enforcement action taken by the City against a Grantee, of for any claim based solely on the City's operation of PEG Access Facilities, delivery of PEG Access programming, or EAS messages originated by the City. Subject #o the limitations in Minnesota Statutes Chapter 466, the City shall indemnify, defend and hold a Grantee harmless from any damage resulting from any intentional misconduct, willful neglect or negligence by the City, its officers, boards, committees, commissions, elected officials, employees and agents, in utilizing PEG Access Facilities or Channels, delivering EAS messages originated by the City, or in connection with work performed on or adjacent to the System. d. With respect to each claim for indemnification: 1. the City must promptly notify the Grantee in writing of any suit, claim ar proceeding which gives rise to such right; 121 V-li 724Sv1 S IiZ$ j_ 1 12 2. the Grantee must afford the City an opportunity to participate in any compromise, settlement or other resolution or disposition of any suit, claim or proceeding; and 3. the City must cooperate with reasonable requests of the Grantee, at Grantee's expense, in its participation in a suit, claim or proceeding. Section 10.21nsurance. a. A Grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for damages which may arise as a result of operation of the System or delivery of Cable Service. b. The policies of insurance must be in the sum of not less than One Million Dollars ($1,000,000.00) far personal injury or death of any one Person, and Two Million Dollars ($2,000,000.00) for personal injury or death of two or more Persons in any one occurrence, Five Hundred Thousand Dollars ($500,000.00) for property damage to any one person and Two Million Dollars ($2,000,000.00) for property damage resulting from any one act or occurrence. c. The insurance policy must be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the City. SECTION 11. FRANCHISE TRANSFER OR ABANDONMENT Section 11.1 Abandonment of Service. A Grantee may not discontinue the provision of .Cable Service without having first given three (3) months written .notice to the City. Section 91.2 System Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, the City may require the Grantee to remove all or any portion of its System from all Rights-of--Way and public property within the City; provided, however, that the Grantee will not be required to remove its System to the extent it lawfully provides Telecommunications Services over the System. b. If the Grantee has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after RJV-2~724$vl 13 SH2~5-I written demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Franchise toward removal. Section 11.3 Sale or Transfer of Franchise. a. No sale or transfer of ownership of a Grantee or "fundamental corporate change" in a Grantee as defined in Minn. Stat. 238.083, nor sale of transfer of a Franchise, is permitted without City approval. Any sale or transfer of stock in a Grantee creating a new controlling interest constitutes a sale or transfer of ownership. A °controlling interest" includes majority stock ownership or a lesser amount sufficient to canter actual working control in whatever manner exercised. City approval shall not be required where a Grantee grants a security interest in its Franchise or System to secure an indebtedness. b. A Grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred and twenty {120) days of receipt of a written request. The City will not unreasonably withhold its approval. c. fn no event will a transaction be approved unless any proposed new Grantee becomes a signatory to, and assumes all rights and obligations under, the Franchise. d. In the event of any proposed transaction described above, the City will have the right to purchase the System. In the event a Grantee has received a bona fide offer far purchase of its System, the City shall have the right to purchase for the price which the proposed assignee or transferee agreed to pay. The City will be deemed to have waived its right to purchase the System in the following circumstances: 1. The City does not notify the Grantee in writing, within 60 days of notice, that it intends to exercise its right of purchase; or 2. The City approves the transaction. SECTION 12. PROTECTION OF INDIVIDUAL RIGHTS Section 12.1 Discriminatory Practices Prohibited. No Grantee may deny Cable Service ar otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, s#atus as to public assistance, affectional preference, or disability. Section 12.2 Subscriber Privacy. a. A Grantee must comply with the subscriber privacy-related requirements of 47 U.S.C. § 551. b. No signals of a Class 1V Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the Subscriber. RJV-257248v1 l~l SH2i5-1 SECTION 13. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS Section 13.1 Unauthorized Connections or Modifications Prohibited. a. It is unlawful for any Person, wi#hout the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a Grantee's System. b. It is unlawful for any Person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a System for any purpose. c. Any Person found guilty of violating this section may be fined not less than Twenty Dollars ($20.00} and the costs of the action nor more than Five Hundred Dollars {$500.00) and the costs of the action for each and every subsequent offense. SECTION 14. ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE Section 14.1 Violations or Other Occurrences Giving Rise to Enforcement Action. a. In order to take enforcement action pursuant to this Cable Ordinance or a Franchise, the City must provide the Grantee with written notice of the violation or other occurrence giving rise to the City's action. b. The Grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the Grantee may, within fourteen (14) days of receipt of notice from the City, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee. c. In the event a Grantee does not timely cure to the City's satisfaction the violation or other occurrence giving rise to the City's action, or timely disputes whether a violation has occurred, the City will schedule a public hearing affording Grantee due process. The City will endeavor to schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearing must be provided to the Grantee. d. At the completion of the hearing, the City will issue written findings of fact and its final determination. e. In the event City determines that no violation has taken place, the City will rescind the notice of violation in writing. Section 14.2 Franchise Revoca#ion. a. In addition to all other rights and remedies that the City possesses pursuant to law, equity and the terms of the Franchise Agreement, the City may revoke or RJV-2~7~48v1 15 SH2~5-1 terminate the Franchise, and ali rights and privileges pertaining thereto, in accordance with Section 14.1 if the City determines that: 1. The Grantee has violated any material requirement or provision of the Cable Ordinance or a Franchise and has fai{ed to timely cure; or 2. The Grantee has attempted to evade any of the material provisions of the Cable Ordinance or a Franchise; or ;. The Grantee has practiced fraud or deceit upon. the City or a Subscriber; or 4. The Grantee has filed for bankruptcy. b. During any revocation proceeding and any appeal period, the Franchise will remain in full force and effect unless the term thereof sooner expires. Section 14.3 Compliance with Federal, State and Local Laws. The City and Grantee will conform to federal and state laws and rules regarding Cable Service or the System as they become effective. Section 14.4 Effective Da#e This Cable Ordinance is effective the day after its publication. Adopted by the City Council of the City of Monticello this 10th day of January, 2005. ~~ Mayor A ` L~ ~.c~~t--tom. City Administrator Published in the Monticello Times on the day of January, 2005. R1V-2~7248v1 16 SH2~i-1 COPY Founded 1868 incorporated 1876 October 15, 2007 Mayor Clint Herbst City of Monticello 505 Walnut Avenue Suite 1 Monticello, MN 55362 Dear Mayor Herbst: Mayor Joe McDonald Council Members Holly Schrupp Brad Hotchkiss Larry Bartels Marc Plese I am writing as the chair of the SherburnelWright County Cable Communications Commission ("Commission"}. In 1985, the ten original member cities entered into a Joint and Cooperative Agreement ("Agreement"} forming the Commission. Since that time cable television laws and regulations have changed, the member cities' franchises have been renewed, and cable competitors have emerged in some of our cities. As a result, a number of changes to the Agreement appear to be necessary or appropriate. Enclosed is a "Restated Joint and Cooperative Agreement far the Administration of Cable Communications Systems" which would replace the current Agreement. The Commission has carefully reviewed the enclosed document and recommends its acceptance by your city. When the Commission was formed, the member cities were served by a single interconnected cable system. Because there was little prospect for competi#ion, the Agreement focused the Commission's role on administering franchises held by one common cable operator. However, competition appears to be emerging in many of our communities. As a result, the Commission recently adopted a policy to address future requests for competitive cable franchises. Under the policy, the member cities retain all fnal authority to approve competitive cable franchises while the Commission assists in an advisory capacity. The restated Agreement would confirm the Commission's role in administering both Charter's franchise and any franchise issued to a competitor. It is important to note that all Commission members recently enacted identical cable regulatory ordinances governing both Charter`s franchise renewal and any City Offices_ 234 2nd Street North P.O. Box i 08 l]elano, Minnesota 55328 Phone:763-972-0550 Fax:763-972-6174 www.delano.mn.us The Spirit of CanMUnify ~E. ~~. competitive franchises. This ordinance contemplates that the Commission will help administer all franchises that are issued. Thus, the members have already decided to address cable franchising in a coordinated fashion. The restated Agreement simply reconfirms the Commission's role in these competitive franchising matters. Finally, the restated Agreement would clarify that franchise fees and PEG fees paid by competitors are to be passed on to the Commission. The recently renewed franchise provides that the Commission will coordinate and administer the expenditure of franchise fees and PEG fees in the member cities. Similarly, the franchise provides for delegation of "PEG Access authority and responsibilities to the Commission." The restated agreement simply reconfirms the Commission's responsibility for these functions. Years ago, the member cities wisely decided to coordinate their cable franchise administration - and community programming efforts. ~ The Commission recommends approval of the enclosed Agreement to help continue those efforts. Please feel free to contact me with any questions. In addi#ion, should you wish a Commission representative will be happy to attend a City Council meeting. We are hoping to have this process completed by year end. Sincerely, ., Phil Kem, Commission Chair Cc: Jeff O'Neill, City Administrator City of Monticello Enclosure Council Agenda: 10/13/08 SI. Request by Charlotte Gabler to serve on the Industrial and Economic Development Committee (IEDC): (MB) A. REFERENCE AND BACKGROUND: Charlotte Gabler contacted staff requesting to serve on the IEDC. Charlotte is currently serving as a Planning Commissioner. According to the IEDC Organizational and Membership guidelines, membership is limited to 16-18 members. Current membership consists of 14 members. Membership guidelines also stipulate newly appointed members shall serve an initial three year term. Due to the fact that only one to two meetings remain within the year, it would seem appropriate for Ms. Gabler to begin serving her term starting January 1, 2009. B. ALTERNATIVE ACTIONS: 1. Approve the appointment of Charlotte Gabler for a three year term starting January 1, 2009 and terminating December 31, 2012. 2. Deny the appointment of Charlotte Gabler 3. Table item for further information C. STAFF RECOMMENDATION: The IEDC reviewed the request at their October 7, 2008 meeting. The committee is recommending that the City Council approve the appointment of Charlotte Gabler to the Industrial and Economic Development Committee (IEDC). D. SUPPORTING DATA: None. Council Agenda: October 13, 2008 5J. Consideration of Establishing Park Maintenance Laborer Position and Authorize Filling this Position with a Qualified Internal Candidate. (TE) A. REFERENCE AND BACKGROUND: City Council is asked to consider establishing a Park Maintenance Laborer position that is similar to the existing Parks Maintenance Operator position but does not require a Commercial Drivers License. Council is also asked to consider authorization to fill this position with a qualified candidate from within the Public Works Department. Any position that would become available due to an internal transfer would not be replaced at this time. According to the Public Works Department, reducing the number of employees with a CDL by one will not significantly affect snow removal readiness for the Department. The new position pay equity grade is one grade lower than the Mechanic Operator position which results in about a 7% pay differential. B. ALTERNATIVE ACTIONS: 1. Motion to approve establishment of Park Maintenance Laborer position and authorize filling position with a qualified candidate. 2. Motion to deny approval of establishment of Park Maintenance Laborer position. C. STAFF RECOMMENDATION: The Staff recommends alternative 1. D. SUPPORTING DATA: Park Maintenance Laborer Job Description Park Maintenance Laborer City of Monticello Title of Class: Park Maintenance Laborer Effective Date: October 14, 2008 Revised Date: DESCRIPTION OF WORK General Statement of Duties: Performs routine to skilled equipment operation, maintenance and landscaping work in the Park Maintenance Division of the Public Works Department; performs general maintenance work at Riverside and the Historical Cemetery; performs related duties as required. ~ervision Received: Works under the general supervision of the Park Superintendent and general direction of the Public Works Director receives technical supervision from the Park Foreman. TYPICAL DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. *Operates light equipment and hand tools to install and maintain playground facilities and equipment, including inspection, maintenance and repair, building sand boxes, providing sand, etc. *Installs, maintains and prepares ballfields for use; prepares parks for events. *Load trucks, move boulders, excavate and/or fill and to grade parking lots and gravel roads; repairs, replaces or patches sidewalks and pathways and repairs and maintains parking lots. *Operates 1 ton trucks, snowplows and other equipment to remove snow from assigned areas; maintains skating rinks, including flooding, clearing snow, and banking snow or gravel; operates sanders and applies salt as needed. *Identifies noxious weeds and applies fertilizer and weed killer in accordance with state regulations as needed to parks and other public lands; keeps accurate records of same. *Performs preventative maintenance and routine repair of department vehicles and equipment. *Performs miscellaneous cleaning, maintenance, construction and repair work as needed on city buildings and property, including carpentry, plumbing, pouring concrete and concrete block work, welding, basic electrical, painting and staining, sheet rocking and taping, block work, shovel excavation, etc. *Identifies and marks diseased trees and operates a chain saw to fell and remove dead, diseased or hazardous trees and operates a chipper. *Operates a trailer or tractor mounted tree spade to transplant trees or shrubs. *Establishes new turf areas by seeding or laying sod and ensuring regular irrigation and maintains by mowing, trimming, removing leaves and debris and aerating. *Maintains native prairie grasses through prescribed burns and mowing practices. *Installs and repairs proper informational, directional, regulatory and warning signs. *Installs and repairs irrigation systems. *Participates in required safety training and adheres to safety requirements. * Assists with the installation and removal of holiday decorations. *Winterizes buildings and sprinklers to keep pipes from bursting. Locates and stakes cemetery plots; excavates small graves, including backfill and seeding. Park Maintenance Laborer City of Monticello * Constructs and erects foundations, places and levels stones, places markers and provides perpetual care for both Riverside and the Historical cemeteries. *Keeps accurate records of maintenance and repairs. Provides input on costs savings and operational changes to supervisor. *Assists other city departments as directed. Performs other duties as needed or assigned. KNOWLEDGE, SHILLS AND ABILITIES *Considerable knowledge of light equipment and vehicle operation, including preventative maintenance and inspection procedures and practices. *Considerable knowledge of stationary and hand-powered tools, equipment and standard practices of maintaining parks and trails. *Considerable knowledge of the establishment and maintenance of turf. *Considerable knowledge of planting and care of trees, grasses, shrubs and flowers. *Considerable knowledge of traffic laws, ordinances and regulations involved in equipment operation. *Considerable knowledge of occupational hazards and safety precautions involved in park maintenance work. *Working knowledge of playground installation, maintenance, repair and inspection and ballfield maintenance. * Working knowledge of the repair and maintenance of bituminous and concrete surfaces. *Working knowledge of standard building construction and repair practices. *Considerable skill in the operation of snow removal equipment, mowing equipment, and other public works and park equipment and vehicles used in construction and maintenance of parks and related facilities. * Working skill in building and grounds maintenance, including carpentry, plumbing, pouring concrete and concrete block work, welding, basic electrical, painting and staining, sheet rocking and taping. *Considerable ability to analyze repair and/or maintenance problems and determine appropriate solutions. *Considerable ability to follow oral and written instruction, prioritize work and perform duties independently. *Considerable ability to use large motor skills to perform manual and maintenance work, involving regular bending, moderately heavy to heavy lifting and carrying, digging, twisting, turning, climbing and maintaining balance, crouching, working in confined spaces, standing, walking, reaching, working at heights of over 10 feet and pushing and pulling. *Working ability to establish and maintain good working relationships and communicate effectively with City staff and the general public. *Working ability to regularly work outside including in inclement weather and temperature extremes. *Working ability to work with and around chemicals and fumes. * Working ability to identify different species of trees and shrubs. *Working ability to read, interpret and follow construction plans and blueprints. *Working ability to use stationary and hand power tools for cutting, drilling and planing of wood or metal. Park Maintenance Laborer City of Monticello MINIMUM QUALIFICATIONS Must possess and maintain a valid Class D Minnesota driver's license. One year of maintenance or construction experience, which must have included light equipment operation, or an equivalent combination of training or experience. Prefer experience in landscaping, turf maintenance and tree and plant care. Building construction or remodeling experience desirable. *Asterisked items are essential to the job. 7. Consideration of approval of a Community Garden Concept (KB) A. REFERENCE AND BACKGROUND: Earlier this year, a citizen request was made to the City Council to consider establishing a community garden. At the request of the City Administrator, the Community Center staff was asked to evaluate this project and the possibility providing a garden in our community. Our first step was to do research on community gardens and get information from other communities. Our research found that many City's have very successful community gardens and they generously shared their information with us. Armed with good information and enthusiasm, we toured possible garden locations with Tom Pawelk, Park Superintendent, and felt that the best initial location for the community garden is the open lot at 407 West Sixth Street which is just west of the community center and fire hall and south of the parking lot for the community center. (See enclosed map) The size of the proposed garden is approximately 186 feet by 74 feet. By dividing the land into 15' by 20' plots with walkways in the center and the outside edges (see enclosed proposed garden layout), if our measurements are close, we should be able to have 30 garden plots to rent to gardeners. This Fall and Winter we'll till the garden added black dirt available from the Public Works Department and we will finalize policies and guides lines, a rough draft is included in your packet. We will begin to advertise to the community and accept lease registrations for the plots beginning in January. In the Spring we'll stake out the plots and create the walkways and the Water Department will install a yard hydrant for watering. Once the garden opens, which is anticipated to be May 15"', 2009, the rest is in the hands of the gardeners with the Community Center staff regularly monitoring the garden for neglect or vandalism. We believe this location has many positives, easy access by car, bike or walking and close parking. There is good visibility from the street for the garden. This will be great for advertising the garden as well as deter any potential vandals. Unfortunately the critter vandals are not easily deterred! The land is currently fenced on the East side and the Public Works department thinks they may have enough additional chain link fence to complete the fencing around the other three sides. And finally, the Community Center staff will have easy access for regular monitoring. We spoke to the neighbor to the west at 413 West Sixth Street and he thought it was a great idea and was all for a community garden on this lot. This item was discussed at the City's site review with very positive support. We also made a courtesy call to the Swan River Montessori Charter School letting them know what we were planning as they infrequently use this green space as an open play area. They were excited about the garden and maybe one of our renters. Budget Impact: This project would be a collaborative effort between the Community Center and the Parks Department. In the 2009 budget the community center did budget $2,500 for the community garden which will cover such items as a small shed, hoses and nozzles, garbage and compost receptacles as well as other minors supplies needed. If all 30 plots are rented out the gross revenue would be approximately $700. After our initial start up year, we expect all expenses to be well below the expected revenue. Staff Impact: The largest expenditure will be labor by the community center, the Parks Department and initially the Water Department for the hydrant. The Parks Department will assist with tilling and land preparation in the fall and the spring. The Community Center will do all of the administrative work and monitoring. None of the anticipated work will over-burden either department's current workload. Additional Information: We were fortunate to learn a lot about the operation of community gardens from other communities that currently have gardens. One nugget of information we learned was that many were filled to capacity and had to create waiting lists. So they wished they had made their gardens bigger. In our City tour of possible locations we identified a number of other alternate locations for a garden. As registrations for plots opens in January, if we fill up with many more requests, we will come back to the Council with a request for more land after careful re-examination of the alternate options. One item that we would like the Council's direction on is if you wish there to be any preferential treatment for our City residents. This can be accomplished in a couple of different ways; (1) a higher rental price for non City residents and/or (2) allowing City residents to sign up first, say January 5''' to January 19`'' and then allow others to register after that. We could do either, both or non of the above options instead following suggestions from the Council. B. ALTERNATNE ACTIONS: To authorize the use of the land located at 407 West Sixth Street for a community garden following the draft of the proposed guide lines, rental agreement and conduct code including preferential treatment for City residents as identified in the above text. 2. To authorize the use of the land located at 407 West Sixth Street for a community garden with modifications to the proposed guide lines, rental agreement, code of conduct and preferential treatment for City residents. 3. To not approve the use of the land located at 407 West Sixth Street with a request that the Community Center and Parks Department look at alternative sites for the garden. 4. To not approve a community garden for the City of Monticello. C. STAFF RECOMMENDATIONS: The City staff and the Advisory Board support this project and recommend alternatives 1, 2 or 3, with a strong recommendation towards alternative 1 or 2. D. SUPPORTING DATA: 1. Draft copy of proposed Guidelines and Information 2. Draft copy of the proposed Rental Agreement and Conduct Code 3. Aerial view of the proposed garden location in relation to the Community Center 4. Proposed plot layout for the garden FOOD SHELF DONATIONS: Gardeners are encouraged to donate excess produce to the local food shelf. SCHEDULE FOR 2009 January 5th, 2009 Registration for plots open to the public on a first come basis May 1st 2009 Gardeners may reserve additional plots, up to a maximum of three per household, if available. Mav 1st, 2009 Official opening date determined and gardeners notified. May 15th, 2009 (on or about) Community garden anticipated opening date. June 15th, 2009 Any unclaimed plots will be open for rental. June1 July, August 8~ September Community Center staff monitors gardens for neglect. October 1st, 2009 Determination of official garden closing date. Gardeners notified. October 15th 2009 (on or about Anticipated closing date for the commu- nity garden. October 22nd, 2009 Garden tilled by Parks Department in preparation for 2010. For more information on the community garden: 763-271-7124 Sara Cahill Email: programsC~?ci.monticello.mn.us MONTICELLO COMMUNITY GARDEN INfORMRTION I ~ and GUIDELINES ~ Open Mid May through Mid October Located at: 407. West. Sixth St. I` 1 REGISTRATION: Registration will begin Monday January 5th, 2009 for the 2009 gardening season by filling out a rental agreement and code of conduct form. Priority for 2009 will be on a first come basis. Each household will be allowed to reserve one (1) plot in advance of May 1, 2009. On May 1, 2009 all remaining garden plots will become available on a first come basis with a limit of three (3) per household. GARDEN CANCELLATIONS: If you decide not to use your garden plot, please contact the Community Center (763- 271-7124) immediately so the plot may be reas- signed. Fees will be refunded if garden plot is reserved by another gardener. RENTAL PROVISIONS: The rental fee for a single garden plot is $25. Garden plots are limited to one (1) per house- hold until after May 1st. PLOT SIZE: • The garden plots are approximately 15' by 20' with a wood chipped walkway in the center and on all sides. OPENING DATE: • The target date for opening is May 15th, but due to weather and soil conditions, this may vary from year to year. • Households will be notified when the garden plots officially open. GARDEN NEWS & INFORMATION: Email will be the preferred method of communi- cation to all households regarding dates, dead- lines, events, updates, etc. If you have questions or concerns regarding your garden plot, please respond via email or call 763-271-7124 GARBAGE 8~ COMPOSTING: • Separate waste receptacles will be provided for both trash and compostable materials. We ask your help in keeping items separate. WATER & HOSES: Water spigots are provide by the City as well as hoses. One set of spray no~les will be provided. If it breaks or malfunctions, notify the community center. SAFETY 8~ COURTESY: • Each gardener is asked to be respectful of other gardens. • Do not allow vine crops to extend beyond the boundaries of your plot. • Return hoses in a uniform manner to hangers • Children must be supervised. • Pets will not be allowed. • Use cultivation or mulches to control weeds, not chemicals. TRAPS: • No leg traps will be allowed. • If there is a critter problem, we ask that you no- tifythe community center for handling. ORGANIC VS. NON-ORGANIC GARDEN- ING PRACTICES: • Individuals are allowed to practice whichever method they prefer, but be conscious of your impact on neighboring plots. • Weeding should be done weekly so that they aren't allowed to reseed. GARDEN NEGLECT 8~ WEED CONTROL: • Each gardener is responsible for weeding and maintenance of their plot(s). • Gardens and pathways must be kept free of weeds. • If any garden has not been planted by June 15th and the gardener has not made contact or provisions with the community center to ex- tend the deadline, those plots will be reassigned to those on the waiting list or another interested gardener. • The community center will inspect all gardens regularly to ensure compliance. • Gardeners not performing maintenance will be notified to rectify the situation within two (2) weeks. Further non-compliance will result in the garden being mowed. The offending gardener will lose gardening privileges for the following year. They will be allowed to return after their one (1) year absence as a new gardener. • No refunds will be given after June 15th. GARDEN CLOSING DATE: • Target date for closing is October 15th, weather depending. • Gardeners will notified of official closing date. • Gardeners will need to remove all non- compostable materials. • -tems not claimed will become the property of the community center and disposed of as needed. Monticello Community Center 2009 COMMUNITY GARDEN RENTAL AGREEMENT /CONDUCT CODE CITY RESPONSIBILITIES: • Prepare the garden plot for planting • Stake out each 15' x 20' plot and identify all plots by number. • Make water accessible to gardeners. • Regularly monitor garden for neglect. GARDENER RESPONSIBILITIES: 2009 PLOT # Individual Plot Care: • I will visit my plot at least once a week and harvest regularly. • I will keep weeds maintained in my plot and in the area around my plot without the use of chemicals. • I will conserve the use of water and never use a sprinkler unattended. I will use mulch to help reduce evaporation and decrease weed growth. • I will check to see that the water is turned off completely after each use and properly care for and store the hose when done using. • I will pick only crops from my assigned plot. I will not pick from a neighbor's garden even if I think they have neglected their plot. • I will not move or adjust the plot markers. • I will not allow my crop that vine to spread into pathways or other neighboring plots. • I will clean up and remove all materials from my plot no later than October 15th or the official garden closing date. Neighborliness and Common Area Care: • I will meet and greet all of my fellow gardeners if I can. • I will not obstruct walkways or create a safety hazard for other gardeners by placing obstructions in the walkways. • I will not bring my pets to the garden. • I will not use tobacco or drink alcoholic beverages in the garden. • I will supervise my children and keep them out of the neighboring plots. • I will keep trash and litter picked up in my plot and the general area. • I will harvest my own plot. • I will not use neighboring gardeners' tools without the owner's permission. • I will not drive a motorized vehicle in the garden area. The City of Monticello does not assume responsibility for acts vandalism or loss of crops due to thefts. agree to abide by these conditions set forth for the Community Gardener. I understand that neither the garden group nor owners of the land are responsible for my actions. I therefore agree to hold harmless the garden group, the City of Monticello and Community Center and owners of the land for any liability, damage, loss or claim that occurs in connection with use of the garden by me or any of my guests. Gardener's Signature: DATE: 2009 COMMUNITY GARDEN GARDENER /RENTER INFORMATION Gardener's Name: Physical Address: Mailing Address (if different) Email Address: Phone Number 1 Best time to call this number Phone Number 2 Best time to call this number PLOT NUMBER ASSIGNED: 2009 Waiting List PAYMENT INFORMATION: Special Considerations or Notes: . ~~~~ co~~c[~j~~ ~' ~~~ ~~`~ ~~~ i ~a ~ ~ ~ ~~ ~e ~ ` coo t4"'g fun f of ®~g City of Monticello Logo Here I I N O Cn v W O O\0 N O O ~. uc n 0 b UQ CD W O • 74 feet - NORTH 186 feet Q 1 Plots 15' X 20' 15' 20' .. 1~- Q` I Sixth Street SOUTH