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City Council Agenda Packet 04-10-2017AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, April 10, 2017 — 6:30 p.m. Mississippi Room, Monticello Community Center Mayor: Brian Stumpf Council Members: Jim Davidson, Bill Fair, Charlotte Gabler, Lloyd Hilgart 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Meeting Minutes • Regular Meeting Minutes from March 27, 2017 C. Consideration of Adding Items to the Agenda D. Citizen Comments E. Public Service Announcements/Updates • Hi -Way Liquors — Wine Tasting • TH 25/7th Street Intersection Construction Update • Spring Recycling Day F. Council Liaison Updates • Hwy 25 Coalition • IEDC • Planning Commission • BCOL G. Department Updates • City Administrator Update • Community Development Department Update 2. Consent Agenda A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of ratifying the negotiated Labor Agreement between the City of Monticello and the International Union of Operating Engineers, Local 49 for April 1, 2017 to December 31, 2019 E. Consideration of approving purchase of a Toro GM7210 Polar Trac with attachments for the Parks Department at a cost of $56,671 through the Central Equipment Fund F. Consideration of approving Ordinance 664 amending Title 2, Chapter 6 of the City Code titled Parks Commission by adding "recreation" responsibilities to the duties of the Parks Commission and Board membership from 5 to 7 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings A. PUBLIC HEARING — Consideration of adopting Resolution 2017-15 approving a vacation of drainage and utility easements for Lot 5, Block 1 of Monticello Travel Center Second Addition. Applicant: Crown Bay, LLC 4. Regular Agenda 5. Added Items 6. Adjournment Vicki Leerhoff From: Miller, Jamie <jamie.miller@aecom.com> Sent: Thursday, April 6, 2017 12:00 PM To: Info Subject: USPS -Monticello Carrier Annex Hello, My name is Jamie Miller and I am currently working on a Phase I assessment for USPS- Monticello Carrier Annex located at 206 E 7th Street in Monticello. I was wondering if you could provide any information or historical environmental records which would help me complete my task. Would you be able to tell me if there have ever been any sort of environmental concerns at the site. I am also interested in fire department records. I appreciate you time. Jamie Miller, CFM Environmental Scientist Subsurface Investigations and Due Diligence EHS Department, DC Metro+ D +3018203568 iamie.miller(o)aecom.com AECOM 12420 Milestone Center Drive Suite 150 Germantown, Maryland 20876, USA T +3018203000 aecom.com Built to deliver a better world Linkedln Twitter Facebook Instagram City Council Agenda 04/10/2017 2A. Consideration of avvrovin2 vavment of bills (WO) A. REFERENCE AND BACKGROUND: City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. Al. Budget Impact: None A2. Staff Workload Impact: No additional work required B. ALTERNATIVE ACTIONS: 1. Motion to approve the bill and purchase card registers for a total amount of 2. Motion to approve the registers with changes directed by Council. C. STAFF RECOMMENDATION: City staff recommends Alternative #1 or #2, per direction of Council. D. SUPPORTING DATA: • Bill registers and Purchase Card registers Accounts Payable Computer Check Proof List by Vendor User: Debbie.Davidson Printed: 04/03/2017 - 1:55PM Batch: 00215.03.2017 - 215.03.2017 Xcel/CPE Moiiii6effo Y Invoice No Description Amount Payment Date Acct Number Reference Vendor: 4263 CAYAN Check Sequence: 1 ACH Enabled: True 315019 Feb 2017 (3) Genius Srv. Fee- cc machine rental 89.85 03/31/2017 609-49754-424100 315019 Feb 2017 (10,469) trans. -.Bank charges 732.83 03/31/2017 609-49754-443980 Check Total: 822.68 Vendor: 1102 CENTERPOINT ENERGY Check Sequence: 2 ACH Enabled: True 3/31/2017 5843395-5 78.58 03/31/2017 217-41990-438100 3/31/2017 5863599-6 119.21 03/31/2017 101-42700-438100 3/31/2017 5806932-5 110.15 03/31/2017 101-45201-438100 3/31/2017 5821009-5 662.18 03/31/2017 101-42200-438100 3/31/2017 5864452-7 510.65 03/31/2017 101-45501-438100 3/31/2017 5788570-9 314.62 03/31/2017 609-49754-438100 3/31/2017 5804618-6 15.00 03/31/2017 101-45201-438100 3/31/2017 5768542-2 279.27 03/31/2017 101-41940-438100 3/31/2017 5768542-2 6,458.11 03/31/2017 226-45122-438100 3/31/2017 5768542-2 104.73 03/31/2017 101-45175-438100 3/31/2017 5768542-2 139.63 03/31/2017 101-42800-438100 3/31/2017 5828859-8 63.15 03/31/2017 101-41940-438100 3/31/2017 8235331-9 86.69 03/31/2017 101-41941-438100 3/31/2017 8235333-5 82.86 03/31/2017 101-41941-438100 3/31/2017 8000015233-2 6,647.85 03/31/2017 602-49480-438100 3/31/2017 5799425 565.31 03/31/2017 101-43127-438100 3/31/2017 5799427 117.72 03/31/2017 101-43127-438100 3/31/2017 5820786 240.10 03/31/2017 101-43127-438100 3/31/2017 5837384 1,306.42 03/31/2017 101-43127-438100 Check Total: 17,902.23 Vendor: 1593 MN DEPT OF REVENUE - ACH Check Sequence: 3 ACH Enabled: True February February Sales Use Tax - MCC 8,281.51 03/31/2017 226-00000-208100 February February Sales Use Tax - MCC -0.51 03/31/2017 226-45122-362900 February February Sales Use Tax - Water Fund 701.82 03/31/2017 601-00000-208100 AP -Computer Check Proof List by Vendor (04/03/2017 - 1:55 PM) Page 1 Invoice No Description Amount Payment Date Acct Number February February Sales Use Tax - Water Fund 0.18 03/31/2017 601-49440-443990 February February Sales Use Tax - General 202.92 03/31/2017 101-00000-208100 February February Sales Use Tax - General 0.08 03/31/2017 101-41310-443990 February February Waste Tax - General 728.67 03/31/2017 101-00000-208120 February February Waste Tax - General -0.67 03/31/2017 101-00000-208120 February February Sales Tax - Hi Way Liquor 33,732.01 03/31/2017 609-00000-208100 February February Sales Tax - Hi Way Liquor -0.01 03/31/2017 609-00000-208100 February February Use Tax - Hi Way Liquor 34.01 03/31/2017 609-49754-421990 February February Use Tax - Hi Way Liquor -0.01 03/31/2017 609-00000-362900 Check Total: 43,680.00 Vendor: 2405 WELLS FARGO - Monthly Charges/Returns Check Sequence: 4 March 2017 Wells Fargo account interest earnings -1,162.76 03/31/2017 101-00000-362110 March 2017 Wells Fargo account service charge 2,245.23 03/31/2017 101-41520-443980 March 2017 MCC CC Fees (WF- Front Desk) 1,560.00 03/31/2017 226-45122-443980 March 2017 MCC CC Fees (WF -Online) 36.50 03/31/2017 226-45122-443980 March 2017 MCC CC Fees (iAccess - Fmrs Mkt) 33.95 03/31/2017 226-00000-220100 March 2017 Liquor Store CC Fees (WF) 4,832.89 03/31/2017 609-49754-443980 March 2017 City Hall CC Fees (WF) 187.59 03/31/2017 101-41520-443980 March 2017 Utility CC Fees (Bluefin) 733.66 03/31/2017 601-49440-443980 March 2017 Utility CC Fees (Bluefin) 733.65 03/31/2017 602-49490-443980 March 2017 Utility CC Fees (AmEx) 133.66 03/31/2017 601-49440-443980 March 2017 Utility CC Fees (AmEx) 133.67 03/31/2017 602-49490-443980 Check Total: 9,468.04 Vendor: 1585 XCEL ENERGY Check Sequence: 5 3/31/2017 51-4400193-4 801 Broadway E 19.53 03/31/2017 101-43160-438100 3/31/2017 51-6572904-0- WWTP 13,447.45 03/31/2017 602-49480-438100 3/31/2017 51-6505905-0 - Water 1/4-1/31/17 5,970.94 03/31/2017 601-49440-438100 3/31/2017 51-6505905-0 - Water 12/3-1/4 7,400.41 03/31/2017 601-49440-438100 3/31/2017 51-6505906-1 - Sewer 1,388.26 03/31/2017 602-49490-438100 3/31/2017 51-0395766-0 Pumphouse 405 Ramsey 128.39 03/31/2017 601-49440-438100 3/31/2017 51-4271112-2- Library 2/4-3/6/17 934.29 03/31/2017 101-45501-438100 3/31/2017 51-6505907-2 Parking Lots 1/4-2/2/17 197.87 03/31/2017 101-43120-438100 3/31/2017 51-6505907-2 Park Lt auto protective It 1/28-2/2 48.85 03/31/2017 101-43120-438100 3/31/2017 ZZZNEP-IMPLEM- 51-6505908-3 19.80 03/31/2017 101-42500-438100 3/31/2017 51-6505909-4- DMV/Food Shelf 195.48 03/31/2017 217-41990-438100 3/31/2017 51-6505910-7 - Hi Way Liquor 1/4-2/4/2017 1,729.50 03/31/2017 609-49754-438100 3/31/2017 51-6505911-8 - City Hall 1,496.58 03/31/2017 101-41940-438100 3/31/2017 51-6505911-8 - MCC 6,778.63 03/31/2017 226-45122-438100 3/31/2017 51-6505911-8 - Senior Center 352.14 03/31/2017 101-45175-438100 Reference ACH Enabled: True ACH Enabled: True AP -Computer Check Proof List by Vendor (04/03/2017 - 1:55 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 3/31/2017 51-6505911-8 - National Guard 176.06 03/31/2017 101-45175-438100 3/31/2017 51-6505912-9 - Animal Shelter 1/4-2/2/2017 93.65 03/31/2017 101-42700-438100 3/31/2017 516505913-0 - Fire Station 1/4-2/2/2017 844.06 03/31/2017 101-42200-438100 3/31/2017 51-6505914-1 - Shop/Garage 12/1-1/4/2017 1,313.64 03/31/2017 101-43127-438100 3/31/2017 51-6505915-2 - Parks 12/3-1/4/17 1,345.58 03/31/2017 101-45201-438100 3/31/2017 51-6505915-2 - Water- skating rink 324.20 03/31/2017 601-49440-438100 3/31/2017 51-6505915-2 - Parks - NSP Ballfield Lights 32.82 03/31/2017 101-45203-438100 3/31/2017 51-6505915-2 - Parks -Softball Assoc.Field 217.19 03/31/2017 101-45203-438100 3/31/2017 51-6505916-3 - Street Lights 13,459.73 03/31/2017 101-43160-438100 3/31/2017 51-0371645-4 - Swan Cam 19.17 03/31/2017 101-45201-438100 3/31/2017 517780310-4 - Bldg Inspec. Garage 1/4-2/2/17 56.89 03/31/2017 101-41940-438100 3/31/2017 51-9391437-3 - 118 W 6th St. 1/4-2/2/2017 492.21 03/31/2017 101-41941-438100 3/31/2017 ZCULPS-EXPENS- 51-0623082-8 EDA 31.68 03/31/2017 213-46522-438100 Check Total: Total for Check Run: Total of Number of Checks: 58,515.00 130,387.95 W The preceding list of bills payable was reviewed and approved for payment. Date: 4/10/17 Approved by Mayor Brian Stumpf AP -Computer Check Proof List by Vendor (04/03/2017 - 1:55 PM) Page 3 Accounts Payable Computer Check Proof List by Vendor User: Debbie.Davidson Printed: 04/05/2017 - 12:47PM Batch: 00202.04.2017 - 202.04.2017 AP Invoice No Description Vendor: 3491 ARTISAN BEER COMPANY 3162785 128.00 resale - beer 3165838 609-49750-425200 resale - beer 3166574 04/11/2017 resale - beer 3167305 resale- beer 378718 -89.00 resale - beer credit inv 3162785 04/11/2017 609-49750-425200 Check Total: Vendor: 4502 ARVIG 261506 (8.5) hr Service on Firewall & Server- triggered Check Total: Vendor: 4556 ANDYAUSTIN 4/28/17 Event Entertainer for Spring Wine Tasting 4-28-17 226-45125-425410 41.25 Check Total: Vendor: 1065 BELLBOY CORPORATION 58106000 04/11/2017 resale- liquor 58106000 resale- wine 58106000 freight 58198900 resale- wine 58198900 freight 95568200 resale - mix Check Total: Vendor: 1067 BERNICK'S 10557 resale - coffee 245248 resale- soda pop 245248 resale- juice 245249 resale- beer Amount Payment Date Acct Number Check Sequence: 1 89.00 04/11/2017 609-49750-425200 128.00 04/11/2017 609-49750-425200 59.40 04/11/2017 609-49750-425200 40.00 04/11/2017 609-49750-425200 -89.00 04/11/2017 609-49750-425200 227.40 Check Sequence: 2 1,275.00 04/11/2017 656-49870-431990 1,275.00 Check Sequence: 3 300.00 04/11/2017 609-49754-425550 300.00 Check Sequence: 4 1,707.68 04/11/2017 609-49750-425100 172.00 04/11/2017 609-49750-425300 22.19 04/11/2017 609-49750-433300 264.00 04/11/2017 609-49750-425300 8.10 04/11/2017 609-49750-433300 31.64 04/11/2017 609-49750-425500 2,205.61 Check Sequence: 5 87.36 04/11/2017 226-45125-425410 41.25 04/11/2017 609-49750-425400 32.80 04/11/2017 609-49750-425500 1,236.40 04/11/2017 609-49750-425200 Moiiii6eflo Y Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: True ACH Enabled: False AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 245833 resale - pop, water, juice, Gatorade 474.20 04/11/2017 226-45125-425410 28836 resale -soda pop 146.80 04/11/2017 609-49750-425400 28836 resale juice 32.80 04/11/2017 609-49750-425500 28837 resale -beer 1,141.65 04/11/2017 609-49750-425200 28838 resale -beer 1,600.00 04/11/2017 609-49750-425200 29531 resale- pop, gatorade, water 415.42 04/11/2017 226-45125-425410 Check Total: 5,208.68 Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPIF Check Sequence: 6 ACH Enabled: False 1080612186 resale - liquor 1,515.80 04/11/2017 609-49750-425100 1080612186 resale - wine 228.32 04/11/2017 609-49750-425300 1080612186 freight 23.93 04/11/2017 609-49750-433300 1080615416 resale - liquor 1,768.21 04/11/2017 609-49750-425100 1080615416 resale - wine 124.00 04/11/2017 609-49750-425300 1080615416 freight 26.96 04/11/2017 609-49750-433300 1080615417 resale - beer 55.40 04/11/2017 609-49750-425200 Check Total: 3,742.62 Vendor: 4646 CAPITOL BEVERAGE SALES L.P. Check Sequence: 7 ACH Enabled: True 1790757 resale - beer 8,294.37 04/11/2017 609-49750-425200 1790757 resale - wine 24.00 04/11/2017 609-49750-425300 1815475 resale - beer 23,782.62 04/11/2017 609-49750-425200 1822431 resale - beern/a 20.45 04/11/2017 609-49750-425400 365-14 resale - beer credit -31.80 04/11/2017 609-49750-425200 Check Total: 32,089.64 Vendor: 4089 CARLSON & LYTER DISTRIBUTING, INC Check Sequence: 8 ACH Enabled: True 695970 resale - beer 108.00 04/11/2017 609-49750-425200 Check Total: 108.00 Vendor: 1106 CENTRAL MCGOWAN INC Check Sequence: 9 ACH Enabled: False 00104851 Bulk Carbon Dioxide (165 lbs) 60.00 04/11/2017 226-45124-421600 00106594 Bulk Carbon Dioxide (153 lbs) 57.60 04/11/2017 226-45124-421600 Check Total: 117.60 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 10 ACH Enabled: True 143561 resale - beer 659.70 04/11/2017 609-49750-425200 143561 resale - beer n/a 16.80 04/11/2017 609-49750-425400 143758 resale - beer credit -17.80 04/11/2017 609-49750-425200 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 143797 resale - beer 224.00 04/11/2017 609-49750-425200 143837 resale - beer 26,465.43 04/11/2017 609-49750-425200 143837 resale - beern/a 84.00 04/11/2017 609-49750-425400 143930 resale - beer credit -96.00 04/11/2017 609-49750-425200 143931 resale - beer 814.25 04/11/2017 609-49750-425200 144092 resale - beer 3,183.90 04/11/2017 609-49750-425200 Check Total: 31,334.28 Vendor: 4475 DAKOTA SUPPLY GROUP Check Sequence: 11 ACH Enabled: True C898431 Valve Flush/Fit Flush Kits (3) 595.47 04/11/2017 226-45126-422990 Check Total: 595.47 Vendor: 1153 ECM PUBLISHERS INC Check Sequence: 12 ACH Enabled: True 471586 201711 - Camping World PH Ad# 666290 110.76 04/11/2017 101-41910-435100 473885 Sealcoating - BIDS Ad#666247 239.98 04/11/2017 101-43120-435100 474391 Seasonal Wrk-Ad# 668037- 1/3 Water 17.33 04/11/2017 601-49440-431990 474391 Seasonal Wrk-Ad# 668037- 1/3 Streets 17.33 04/11/2017 101-43120-431990 474391 Seasonal Wrk-Ad# 668037- 1/3 Parks 17.34 04/11/2017 101-45201-434990 475135 Ad #653176- 3/30 & 31- Reader's Choice- Hi W 270.00 04/11/2017 609-49754-434990 Check Total: 672.74 Vendor: 2154 FEDERATED CO-OPS Check Sequence: 13 ACH Enabled: False A-15260 Well 5 Generator (250) gal. diesel @1.85 462.50 04/11/2017 601-49440-421200 Check Total: 462.50 Vendor: 2561 FERGUSON WATERWORKS #2516 Check Sequence: 14 ACH Enabled: False 0233629 (40) Meter; (20) Reg. Seal Pin 4,969.52 04/11/2017 601-49440-422710 Check Total: 4,969.52 Vendor: 1413 GOPHER STATE ONE CALL INC Check Sequence: 15 ACH Enabled: True 7030575 Gopher State (120) tickets Mar 2017 - 1/2 FNM 81.00 04/11/2017 656-49877-432770 7030575 Gopher State (120) tickets Mar 2017 - 1/2 Water 81.00 04/11/2017 601-49440-432770 Check Total: 162.00 Vendor: 1223 HAWKINS INC Check Sequence: 16 ACH Enabled: True 4045903 Pool Chemicals 483.06 04/11/2017 226-45124-421600 4049987 Pool Chemicals 973.72 04/11/2017 226-45124-421600 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 3 Invoice No Description Check Total: Vendor: 4218 HOHENSTEINS, INC 884032 resale- beer Check Total: Vendor: 1244 HORIZON COMMERCIAL POOL SUPPLY 170228004 Pool Chemicals 170303058 Pool Chemicals Vendor: 1263 Check Total: Vendor: 3971 INTL UNION OF OPER ENGINEERS LOCAL May 2017 May Health Insurance May 2017 May Health Insurance - Union 5681389 Check Total: Vendor: 1259 JJ TAYLOR DISTRIBUTING 2635060 resale - beer 2635060 freight 2646387 resale- beer 2646387 resale - beer n/a 5685291 Check Total: Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. 5681388 resale - liquor 5681388 freight 5681389 freight 5681389 resale - wine 5681390 resale - beer 5683893 resale - liquor 5683893 freight 5683894 freight 5683894 resale - wine 5685291 resale - liquor 5685291 freight 5685292 freight 5685292 resale - wine n/a 5685292 resale - wine 5686626 resale - liquor Amount Payment Date Acct Number Reference 1,456.78 Check Sequence: 17 ACH Enabled: False 792.00 04/11/2017 609-49750-425200 792.00 Check Sequence: 18 ACH Enabled: False 37.39 04/11/2017 226-45124-421600 139.95 04/11/2017 226-45124-421600 177.34 Check Sequence: 19 ACH Enabled: False 50,350.00 04/11/2017 101-00000-217061 15,210.00 04/11/2017 101-00000-217061 65,560.00 Check Sequence: 20 ACH Enabled: False 2,377.60 04/11/2017 609-49750-425200 3.00 04/11/2017 609-49750-433300 2,295.50 04/11/2017 609-49750-425200 50.40 04/11/2017 609-49750-425400 4,726.50 Check Sequence: 21 ACH Enabled: False 2,979.86 04/11/2017 609-49750-425100 27.95 04/11/2017 609-49750-433300 25.92 04/11/2017 609-49750-433300 855.10 04/11/2017 609-49750-425300 40.00 04/11/2017 609-49750-425200 3,101.10 04/11/2017 609-49750-425100 40.80 04/11/2017 609-49750-433300 15.84 04/11/2017 609-49750-433300 523.60 04/11/2017 609-49750-425300 1,288.45 04/11/2017 609-49750-425100 17.28 04/11/2017 609-49750-433300 69.60 04/11/2017 609-49750-433300 72.00 04/11/2017 609-49750-425400 1,951.96 04/11/2017 609-49750-425300 5,751.59 04/11/2017 609-49750-425100 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 5686626 freight 60.84 04/11/2017 609-49750-433300 5686627 freight 29.88 04/11/2017 609-49750-433300 5686627 resale - wine 748.37 04/11/2017 609-49750-425300 5686627 resale - mix 102.50 04/11/2017 609-49750-425400 5689337 resale - liquor 5,688.15 04/11/2017 609-49750-425100 5689337 freight 106.57 04/11/2017 609-49750-433300 5689338 resale - mix 32.99 04/11/2017 609-49750-425400 5689338 freight 1.44 04/11/2017 609-49750-433300 619528 resale - wine credit inv 5643585 -4.67 04/11/2017 609-49750-425300 619529 resale - wine credit inv 5678730 -9.71 04/11/2017 609-49750-425300 620329 resale - liquor credit #5681389 -5.33 04/11/2017 609-49750-425100 620330 resale - wine credit inv. #5683894 -13.15 04/11/2017 609-49750-425300 620331 resale - liquor credit inv #5686626 -117.25 04/11/2017 609-49750-425100 620331 freight credit inv #5686626 -1.44 04/11/2017 609-49750-433300 Check Total: 23,380.24 Vendor: 1270 KENNEDY AND GRAVEN CHARTERED Check Sequence: 22 ACH Enabled: False MN190-00101 General EDA Matters thru 2/28/17 190.00 04/11/2017 213-46301-430400 MN325-00031 Conveyance of Fred's Auto Property thru 2/28/1' 139.50 04/11/2017 213-46301-430400 Check Total: 329.50 Vendor: 4235 KRWC Check Sequence: 23 ACH Enabled: False 050517031690 Ad - Moose Hockey State Tournament 80.00 04/11/2017 226-45122-434990 Check Total: 80.00 Vendor: 4494 LAXMI HOTEL INC Check Sequence: 24 ACH Enabled: False TIF 1-22.5 Pay as you go 1st 1/2 Interest 4,466.21 07/12/2016 213-46585-465110 Check Total: 4,466.21 Vendor: 4456 LUPULIN BREWING LLC Check Sequence: 25 ACH Enabled: False 1274 resale - beer 270.00 04/11/2017 609-49750-425200 1296 resale - beer 510.00 04/11/2017 609-49750-425200 Check Total: 780.00 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 26 ACH Enabled: True 234483 resale - cigarettes 900.69 04/11/2017 609-49750-425500 234483 resale - tobacco; soda pop; can coolers; etc 481.25 04/11/2017 609-49750-425400 Check Total: 1,381.94 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 5 Invoice No Description Vendor: 1306 MAIN STREET DESIGNS INC 25647 (10) Fiberglass rods Check Total: Vendor: 1229 MARRS ADVERTISING & DESIGN INC 1414 Business Cards TE 101-43120-422600 Check Total: Vendor: 1738 MN DEPT OF HEALTH 3/31/2017 Comm. Water Supply Serv. Conn Fee Qtr 1201', Check Total: Vendor: 2094 MN STATE COMM & TECH COLLEGE 01272017 Fire School- 3-11-17 MBFTE Reimbrs.DC; DK; 101-41800-421990 Check Total: Vendor: 1364 MOBILE HEALTH SERVICES LLC 31001 (22) SCBA Med. Exams; (5) HAZMAT; (27) Qu 31033 Qualitative FIT Testing (16) 31080 (3) SCBA Med. Exam (3) Quant. Fit Test - JK; A 6,721.00 Check Total: Vendor: 2396 MICHAEL MOSSEY 03/28/17 Lions Donation- (46) miles pick up sign St. Clou Check Total: Vendor: 2518 NEOFUNDS BYNEOPOST 04/03/2017 Postage Purchased 3/30/17 04/03/2017 Postage for Pkgs to Dept Public Safety - Mar 20 04/03/2017 Postage 720.00 Check Total: Vendor: 4662 NORTHERN LIGHTS DISPLAY LLC 3575 Holiday Lights to be used at MCC Check Sequence: 31 Check Total: Vendor: 4368 OFFICE DEPOT INC Amount Payment Date Acct Number Reference Check Sequence: 27 ACH Enabled: False 128.00 04/11/2017 101-43120-422600 128.00 Check Sequence: 28 ACH Enabled: True 52.00 04/11/2017 101-41800-421990 52.00 Check Sequence: 29 ACH Enabled: False 6,721.00 04/11/2017 601-49440-443750 6,721.00 Check Sequence: 30 ACH Enabled: False 720.00 04/11/2017 101-42200-433100 720.00 Check Sequence: 31 ACH Enabled: True 2,931.00 04/11/2017 101-42200-431990 410.00 04/11/2017 101-41800-431990 294.00 04/11/2017 101-42200-431990 3,635.00 Check Sequence: 32 ACH Enabled: False 24.61 04/11/2017 101-42200-433100 24.61 Check Sequence: 33 ACH Enabled: False 1,000.00 04/11/2017 101-00000-155010 116.43 04/11/2017 217-41990-432200 44.35 04/11/2017 101-41310-443990 1,160.78 Check Sequence: 34 ACH Enabled: False 1,919.75 04/11/2017 226-45126-443990 1,919.75 Check Sequence: 35 ACH Enabled: False AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 914145547001 paper 26.08 04/11/2017 101-43110-421990 917672595001 (2) paper; (2) 3pk correction tape 58.76 04/11/2017 101-43110-421990 Check Total: 84.84 Vendor: 1411 OLSON & SONS ELECTRIC INC Check Sequence: 36 ACH Enabled: True 54625 Replaced Ballasts & Lamps; Reparied Wiring 1,000.43 04/11/2017 101-41941-431990 Check Total: 1,000.43 Vendor: 1421 PARK SUPPLY OF AMERICA INC Check Sequence: 37 ACH Enabled: False 214183200 Plumbing: Symmons Complete Cartridge & Rep 751.13 04/11/2017 226-45126-440100 Check Total: 751.13 Vendor: 5659 PAULEYTECHNICS, LLC Check Sequence: 38 ACH Enabled: False 2318 Sewer Camera repair motor & shipping 100.00 04/11/2017 602-49490-422100 Check Total: 100.00 Vendor: 1273 PAUSTIS & SONS WINE CO Check Sequence: 39 ACH Enabled: False 8584808 resale- wine 675.00 04/11/2017 609-49750-425300 8584808 freight 8.75 04/11/2017 609-49750-433300 8584820 resale -liquor 200.00 04/11/2017 609-49750-425100 8584820 freight 2.25 04/11/2017 609-49750-433300 Check Total: 886.00 Vendor: 1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 40 ACH Enabled: False 2137970 resale -liquor 1,811.22 04/11/2017 609-49750-425100 2137970 freight 21.96 04/11/2017 609-49750-433300 2137971 resale- wine 1,371.35 04/11/2017 609-49750-425300 2137971 freight 37.44 04/11/2017 609-49750-433300 2140127 freight 10.22 04/11/2017 609-49750-433300 2140127 resale - liquor 1,125.75 04/11/2017 609-49750-425100 2140573 resale -liquor 3,443.80 04/11/2017 609-49750-425100 2140573 freight 46.09 04/11/2017 609-49750-433300 2141486 freight 70.31 04/11/2017 609-49750-433300 2141486 resale - liquor 4,796.96 04/11/2017 609-49750-425100 2141487 resale -liquor 2,013.30 04/11/2017 609-49750-425100 2141487 freight 43.92 04/11/2017 609-49750-433300 2143335 resale -liquor 3,625.00 04/11/2017 609-49750-425100 2143335 freight 80.65 04/11/2017 609-49750-433300 2143336 freight 28.80 04/11/2017 609-49750-433300 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 7 Invoice No Description 2143336 04/11/2017 resale - wine 260796 -92.25 resale- liquor credit inv #2137022 260796 609-49750-425100 freight credit inv #2137022 260938 04/11/2017 resale- liquor credit inv #2137970 260938 freight credit inv 2137970 609-49750-425100 -1.44 Check Total: Vendor: 4022 REINHART FOODSERVICE LLC 721472 Food for Concession Resale 728041 04/11/2017 Food for Concession Resale 728041 Freight Check Total: Vendor: 4660 SAFE -FAST, INC 180802 BW Oxygen Sensor; Calib. Srvc Check Total: Vendor: 1474 PATRICIA A SALZWEDEL April 1st Semi Monthly Contract Payment Check Total: Vendor: 2443 SECURITAS SECURITY SERVICES USA INC W5582031 04/11/2017 3/11/17 - Wedding Security 2,000.73 04/11/2017 Check Total: Vendor: 1490 CYNTHIA R SIMPSON 965205 04/11/2017 March 2017 Cleaning Service- Fire Hall 23.45 04/11/2017 Check Total: Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS. 1522693 04/11/2017 resale - liquor 1522693 freight 1522694 resale - wine 1522694 freight 1525252 resale - liquor 1525252 freight 1525253 freight 1525253 resale - wine Amount Payment Date Acct Number 1,920.00 04/11/2017 04/11/2017 609-49750-425300 -92.25 226-45125-425410 04/11/2017 609-49750-425100 -1.44 1,235.24 04/11/2017 609-49750-433300 -71.00 04/11/2017 609-49750-425100 -1.44 602-49490-420650 04/11/2017 609-49750-433300 20,280.64 Check Sequence: 41 542.52 04/11/2017 226-45125-425410 684.73 04/11/2017 226-45125-425410 7.99 04/11/2017 226-45122-433300 1,235.24 Check Sequence: 42 267.99 04/11/2017 602-49490-420650 267.99 Check Sequence: 43 1,593.75 04/11/2017 101-42700-431200 1,593.75 Check Sequence: 44 140.00 04/11/2017 226-45123-431992 140.00 Check Sequence: 45 100.00 04/11/2017 101-42200-431990 100.00 Check Sequence: 46 2,893.09 04/11/2017 609-49750-425100 30.80 04/11/2017 609-49750-433300 2,000.73 04/11/2017 609-49750-425300 28.70 04/11/2017 609-49750-433300 2,197.31 04/11/2017 609-49750-425100 23.45 04/11/2017 609-49750-433300 25.20 04/11/2017 609-49750-433300 1,183.94 04/11/2017 609-49750-425300 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: True ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 8 Invoice No Description Check Total: Vendor: 4609 T & T CONSTRUCTION AND MASONRY 1100 ZPARKS-ELLPRK- Shelter blocks/materials Check Total: Vendor: 1516 TASC IN999344 5/1/17 - 5/31/17 Admind Fees Amount Payment Date Check Total: Vendor: 4656 TRUE FABRICATIONS, INC. 208434 resale - asst. gift bags 208445 Check Sequence: 47 resale - (30) bottle bags 9,901.12 04/11/2017 Check Total: Vendor: 1544 US POSTAL SERVICE Permit #42 Permit #42 First Class Presort Annual Fee (1/2) Permit #42 Check Sequence: 48 Permit #42 First Class Presort Annual Fee (1/2) 95.13 04/11/2017 Check Total: Vendor: 1550 VEOLIA WATER N AM OPERATING SERV L. 00066920 May 2017 WWTP Operations & Maintenance Check Sequence: 49 Check Total: Vendor: 1552 VIKING COCA COLA BOTTLING CO 1916298 29.70 resale - soda pop 1921820 resale - soda pop Check Total: Vendor: 1684 VINOCOPIA 0176183 112.50 resale - wine 0176183 resale - liquor 0176183 602-49490-443700 resale - mix 0176183 freight 0176723 resale - liquor 0176723 ACH Enabled: False freight Amount Payment Date Acct Number Reference 8,383.22 Check Sequence: 47 ACH Enabled: False 9,901.12 04/11/2017 229-45202-453010 9,901.12 Check Sequence: 48 ACH Enabled: False 95.13 04/11/2017 101-41800-413500 95.13 Check Sequence: 49 ACH Enabled: False 215.30 04/11/2017 609-49750-425400 29.70 04/11/2017 609-49750-425400 245.00 Check Sequence: 50 ACH Enabled: False 112.50 04/11/2017 601-49440-443700 112.50 04/11/2017 602-49490-443700 225.00 Check Sequence: 51 ACH Enabled: False 61,548.00 04/11/2017 602-49480-430800 61,548.00 Check Sequence: 52 ACH Enabled: True 473.00 04/11/2017 609-49750-425400 186.00 04/11/2017 609-49750-425400 659.00 Check Sequence: 53 ACH Enabled: True 548.00 04/11/2017 609-49750-425300 216.50 04/11/2017 609-49750-425100 120.00 04/11/2017 609-49750-425400 19.50 04/11/2017 609-49750-433300 217.92 04/11/2017 609-49750-425100 2.50 04/11/2017 609-49750-433300 AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 1,124.42 Vendor: 1567 WES OLSON ELECTRIC LLC Check Sequence: 54 ACH Enabled: False 8162 Parts - Wire - new serv. brd. burnt out 7.87 04/11/2017 601-49440-431990 8162 Labor- (2.5) hr Wire - new serv. brd. burnt out 180.00 04/11/2017 601-49440-431990 8163 Parts - 5kw heater- Well #5 chemical room 455.00 04/11/2017 601-49440-431990 8163 Labor- 5kw heater- Well #5 chemical room 270.00 04/11/2017 601-49440-431990 8192 Labor - Replace Defective LED; Swap Out Brea 108.00 04/11/2017 226-45126-431990 Check Total: 1,020.87 Vendor: 1573 WINE MERCHANTS INC Check Sequence: 55 ACH Enabled: False 7124758 resale- wine 480.00 04/11/2017 609-49750-425300 7124758 freight 4.32 04/11/2017 609-49750-433300 7125428 resale- wine 308.20 04/11/2017 609-49750-425300 7125428 freight 4.32 04/11/2017 609-49750-433300 Check Total: 796.84 Vendor: 1574 DEREK WIPPER Check Sequence: 56 ACH Enabled: True 03/28/17 boots reimbursement 90.00 04/11/2017 101-45201-420650 Check Total: 90.00 Vendor: 1577 WRIGHT CO AUDITOR-TREAS - ACH Check Sequence: 57 ACH Enabled: True April April 2017 Deputies Contract 101,470.00 04/11/2017 101-42100-430500 Check Total: 101,470.00 Total for Check Run: 412,961.33 The preceding list of bills payable was reviewed and approved for payment. Total of Number of Checks: 57 Date: 4/10/17 Approved by Mayor Brian Stumpf AP -Computer Check Proof List by Vendor (04/05/2017 - 12:47 PM) Page 10 City Council Agenda 04/10/2017 2B. Consideration of approving new hires and departures for Citv departments (TE) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently in the departments listed. It is recommended that the Council officially ratify the hiring/departure of all listed employees including part-time and seasonal workers. By ratifying departures, the council also approves the expenditure for final amounts due to terminated and otherwise departing employees. Al. Budget Impact: (positions are generally included in budget) A2. Staff Work Load Impact: If new positions, there may be some training involved. If terminated positions, existing staff would pick up those hours, as needed, until replaced. B. ALTERNATIVE ACTIONS: I . Motion to ratify the hire/departures of the employees as identified on the attached list. 2. Motion to deny the recommended hires and departures. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. City staff recommends Alternative #I, for the Council to approve the hires and/or departures as listed. D. SUPPORTING DATA: • List of new/terminated employees NEW EMPLOYEES Name Title Department Hire Date Class Greta Lund Slide Attendant MCC 3/20/2017 PT Valerie Rau Clerk Liquor Store 3/23/2017 PT Laura Talvitie Fitness Instructor MCC 3/24/2017 PT Sophia Moy Slide Attendant MCC 3/27/2017 PT Wendy Schmidt Guest Service MCC 3/29/2017 PT Valerie Dunrud Childcare MCC 3/29/2017 PT Gerald Hanson Facilities Maintenance Supervisor MCC 5/1/2017 FT TERMINATING EMPLOYEES Name Reason Department Last Day Class Chad Hadley Voluntary Parks 3/31/17 Seasonal Tyler Lambert Voluntary Streets 3/31/17 Seasonal Carolyn Barribal Voluntary MCC 3/31/17 PT New Hire and Terms City Council 2017: 4/4/2017 City Council Agenda: 04/13/2017 2C. Consideration of approving sale or disposal of surplus vroverty (WO) A. REFERENCE AND BACKGROUND: The Council is asked to declare certain items as surplus property and authorize the sale or disposal of those items. The Senior Center has white wall cabinets and a green shelf that they wish to dispose of. Al. Budget Impact: Varies by the value of the property. A2. Staff Work Load Impact: Depends on the value of the property. Some items will be shopped as salvage; other items may go to auction or sold via formal bids or informal bids. State contracting laws will govern in absence of city policy. B. ALTERNATIVE ACTIONS: 1. Motion to approve the sale or disposal of surplus property as identified on the attached lists. 2. Motion to deny the sale or disposal of surplus property as recommended. C. RECOMMENDATION: Staff Recommends Option 1 to approve the sale or disposal of surplus property as identified. D. SUPPORTING DATA: A. Senior Center Surplus List B. Photo 1 Equipment/Supplies Surplus List Department: Senior Center 1. $100,000 + A. B. 2. $50,000 - $100,000 A. B. 3. $25,000.00 - $50,000.00 A. B. 4. $10,000 - $25,000 A. B. C. 5. $2,500 - $10,000 A. B. C. 6. $1,000 - $2,500 A. B. C. 7. $100 - $1,000 A. B. C. 8. $0-$100 A. White Cabinets B. Green Shelf C. Date: 4/10/2017 r. ,✓ City Council Agenda: 04/10/2017 2D. Consideration of ratifving the negotiated Labor Agreement between the Citv of Monticello and the International Union of Operating Engineers, Local 49 for April 1, 2017 to December 31, 2019. A. REFERENCE AND BACKGROUND: City Council is asked to ratify the 2017-2019 contract negotiated between the City of Monticello and the International Union of Operating Engineers, Local 49. The current two year contract expires on March 31, 2017. The Mayor, City Administrator, Finance Director and Human Resources Manager met with the Union Representative and Stewards on one occasion to negotiate this contract. The union voted to approve the contract on March 23, 2017. The negotiated contract includes a salary increases for 2017 and 2018, with 2019 to be negotiated later. The increases for both years include 2% in January and 1% in July. Other changes include contract duration (December 31, 2019), work hours (7:00am start time - 1/2 hour earlier), overtime calculation on weekends (time -and -a -half replaces straight time), and other administrative changes relating to past memorandums of understandings and legal updates. B. ALTERNATIVE ACTIONS: 1. Motion to ratify the 2017-2019 Local 49 Union Contract as negotiated. 2. Motion to not ratify the negotiated 2017-2019 Union Contract at this time. C. STAFF RECOMMENDATION: The Mayor and Staff recommend Alternative #1. D. SUPPORTING DATA: A. Copy of the 2017-2019 negotiated contract B. Copy of specific changes to the contract LABOR AGREEMENT BETWEEN CITY OF MONTICELLO AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 AFL-CIO APRIL 1, 2017 Through DECEMBER 31, 2019 TABLE OF CONTENTS ARTICLE I Purpose of Agreement 3 ARTICLE II Recognition 3 ARTICLE III Union Security 4 ARTICLE IV Employer Security 4 ARTICLE V Employer Authority 5 ARTICLE VI Employee Rights -Grievance Procedure 5 ARTICLE VII Definitions 7 ARTICLE VIII Savings Clause 8 ARTICLE IX Work Schedules 8 ARTICLE X Overtime Pay 9 ARTICLE XI Legal Defense 10 ARTICLE XII Right of Subcontract 10 ARTICLE XIII Discipline 11 ARTICLE XIV Seniority 11 ARTICLE XV Probationary Periods 11 ARTICLE XVI Safety 11 ARTICLE XVII Job Posting 11 ARTICLE XVIII Group Insurance Program 12 ARTICLE XIX Holidays 12 ARTICLE XX Vacation Leave 13 ARTICLE XXI Sick Leave 13 ARTICLE XXII Severance Pay 14 ARTICLE XXIII Waiver 15 ARTICLE XXIV Education Compensation 16 ARTICLE XXV Clothing/ Uniform Allowance 16 ARTICLE XXVI Seasonal and Temporary Employees 16 ARTICLE XXVII Duration 17 APPENDIX #1 Salary Schedule for 2017 2 LABOR AGREEMENT BETWEEN CITY OF MONTICELLO AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49, AFL-CIO ARTICLE I Purpose of Agreement This agreement is entered into between the City of Monticello, hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. The intent and purpose of this agreement is to: 1.01 Establish certain hours, wages, and other conditions of employment; 1.02 Establish procedures for the resolution of disputes concerning this agreement's interpretation and/or application; 1.03 Specify the full and complete understanding of the parties; and 1.04 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the agreement. The Employer and the Union, through this agreement, continue their dedication to the highest quality of public service. Both parties recognize this agreement as a pledge of this dedication. ARTICLE II Recognition 2.01 The Employer recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subdivision 3, in an appropriate bargaining unit consisting of the following job classification (s): Equipment Mechanic/Operator Shop Mechanic/Operator Operator/Mechanic Foreman Special Project Manager- Building and Maintenance The following job classification will be utilized on an as needed basis. Water and Sewer Operator- Apprentice The probationary employee will be required to test and obtain their Class D Water and Wastewater licenses at the first testing opportunity after twelve (12) months of employment. If an employee fails the test(s) on their first attempt they will be permitted to retake each exam once at the first available opportunity following the original test date. Failure to obtain both licensees after two (2) attempts may 3 result in termination of employment. Upon obtaining their Class D Water and Wastewater licenses the employee will be eligible for a performance based increase and transition to "regular full-time employee" status under the Water and Sewer Operator job classification. Annual reviews and performance increases will occur annually thereafter on the anniversary of obtaining their licenses. The employee will pay for the cost of obtaining their initial licenses. The City agrees to reimburse the employee for the full cost after one year of service as a Water and Sewer Operator. The wage rates for such classification (s) are set forth in Appendix #1. 2.02 It is agreed that supervisory employees not covered by this agreement may perform work usually performed by bargaining unit employees. The Employer agrees that the performance of this work by supervisory personnel will not be for the sole purpose of avoiding overtime payment to bargaining unit personnel. ARTICLE III Union Security In recognition of the Union as the exclusive representative, the Employer shall: 3.01 Deduct from each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.02 Remit such deduction to the appropriate designated office of the Union. 3.03 The Union will designate up to two (2) employees from the bargaining unit to act as Stewards and shall inform the Employer in writing of such choice. 3.04 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this article. ARTICLE IV Emplover Security 4.01 The Union agrees that during the life of this agreement it will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the Employer. 4.02 Any employee who engages in a strike may have his (her) appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.03 An employee who is absent from any portion of this work assignment with permission or who abstains wholly or in part from the full performance of his (her) duties without permission from his/her Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.04 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, at the discretion of the Employer, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment as he (she) may have theretofore been entitled. 4 4.05 No employee shall be entitled to any daily pay, wages, or per diem for the days on which he (she) engaged in a strike. ARTICLE V Employer Authority 5.01 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to enact, modify, or eliminate ordinances; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this agreement. 5.02 Any term and condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE VI Ernplovee Rights — Grievance Procedure 6.01 Definition of a Grievance — A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this agreement. 6.02 Union Representatives — The employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated. No Union business shall be conducted on the Employer's time except with the express permission of the Employer. 6.03 Processinq of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours, provided the employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.04 Procedure — Grievances, as defined in Section 6.01, shall be resolved in conformance with the following procedure: Step 1: An employee claiming a violation concerning the interpretation or application of this agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the agreement allegedly violated, and the remedy 5 requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 Representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3: If appealed, the written grievance shall be presented by the Union and discussed with the City Administrator. The City Administrator shall give the Union the City Administrator's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Administrator's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4: If the grievance is still unsettled, the Union may, within ten (10) calendar days after the reply of the Step 3 representative was due, by written notice to the Employer, petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the Union may within ten (10) days by written notice to the Employer request arbitration of the dispute. Step 5: A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. If the Union and Employer are unable to reach a mutual agreement on the selection of an arbitrator, then the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievance" as established by the Public Employment Relations Board. 6.05 Arbitrator's Authoritv (A) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. (B) Then arbitrator shall be without power to make decisions contrary to, inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of the briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely n. on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. (C) The fees and expenses for the arbitrator's services and proceedings shall be born equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.06 Waiver — If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the Union. 6.07 Choice of Remedv — If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VI or a procedure such as the following: Civil Service, Veteran's Preference, Fair Employment, or to a hearing before the City Council pursuant to City Ordinance. If appealed to any procedure other than Step 4 of Article VI, the grievance is not subject to mediation or arbitration as provided for in Step 4 and/or Step 5 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized — Steps 4 and 5 of Article VI or another appeal procedure — and shall sign a statement to the effect that the choice of any other remedy precludes the aggrieved employee from making a subsequent appeal through Steps 4 and 5 of Article VI. The written statement requesting mediation shall serve as official notice that the choice of Step 4 precludes the aggrieved employee from making a subsequent appeal under any other procedure. ARTICLE VII Definitions 7.01 Union- The International Union of Operating Engineers, Local No. 49, AFL-CIO. 7.02 Emplover-The City of Monticello, Wright County, Minnesota. 7.03 Union Member- A member of the International Union of Operating Engineers, Local No. 49. 7.04 Emplovee- A member of the exclusively recognized bargaining unit. 7.05 Base Pav Rate- The employee's hourly pay rate exclusive of longevity or any other special allowances. 7.06 Senioritv- Length of continuous service with the employer. 7.07 Comaensatory Time- Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 7.08 Severance Pav- Payment made to an employee upon honorable termination of employment. 7.09 Overtime- Work performed at the express authorization of the employer in excess of either eight 7 (8) hours within a twenty-four (24) hour period, (except for shift changes), or more than forty (40) hours within a seven (7) day period. The week starts Saturday and ends Friday. 7.10 Call Back -Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.11 Strike -Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 7.12 On -Call- When an employee is assigned by the Employer to carry a pager and be on call and available to respond to an emergency at a time other than an assigned shift within a 7 -day work week. 7.13 Emerqencv- Fire, flood, snow, sleet, ice, breakdown of municipal equipment or facilities, natural disaster. ARTICLE VIII Savings Clause 8.01 This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to administrative ruling or is in violation of legislation or administrative regulations, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX Work Schedules 9.01 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 9.02 Service to the public may require the establishment of regular shifts or work weeks for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7a.m.-3:30 p.m., Monday through Friday workday. Water/Sewer department employee's normal hours of work shall include a flexible start time between 7-7:30a.m. subject to the approval of the Public Works Director or their designee. Assignment of regularly scheduled hours different than above will only be made with three (3) days advance notice. 9.03 In the event that work is required because of unusual circumstances or an emergency no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent him (her) from so working. 9.04 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. : ARTICLE X Overtime Pav 10.01 Hours worked in excess of either eight (8) hours within a twenty-four (24) hour period, (except for shift changes), or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1 1/2) times the employee's base pay rate. Hours worked on Saturday and Sunday will be compensated for at one and one-half (1 1/2) times the employee's base rate regardless of hours worked in the week. The employer reserves the right to send employees home when they reach 40 hours in the work week. Holiday and sick leave will be counted as hours worked for the purposes of computing overtime. Vacation and comp time will not be counted as hours worked for purposes of calculating overtime. Hours worked on the ten and one-half (1-1/2) holidays set forth in Article XIX will be compensated for at two (2) times the employee's regular base rate. The one-half (1/2) day (12 hour) holiday period on December 24 is considered to have started at 11a.m. on a normal scheduled work day of 7 a.m. to 3:30 p.m. p.m. or after the employee has completed four (4) hours work if scheduled to begin work at other than normal starting time. Employees scheduled to work at community events will be paid at one and one-half times (1 1/2) the employee's base rate regardless of hours worked in the work week. Employees will be compensated at their regular base rate of pay for attendance at approved job-related courses and training regardless of hours worked in a 24 hour period. 10.02 Overtime will be distributed as equally as practicable. 10.03 Overtime refused by employees will, for record purposes under Article 10.02, be considered as unpaid overtime worked. 10.04 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. For the purposes of computing overtime on a weekly basis, comp time will not be considered actual time worked for determining eligibility for overtime pay. 10.05 The Employer may allow for compensatory time off in lieu of overtime payment for overtime worked and for call backs. If a mutually satisfactory time cannot be agreed upon, the Employer shall grant compensatory time off as the employee requests provided the employee gives the Employer seven (7) days notice and further provided the time off will not unduly disrupt operations. Employees can only accumulate a balance of eighty (80) hours compensatory -time. Employees will be paid overtime pay for any overtime worked while such accumulated balance is at eighty (80) hours. Employees will not be allowed to use more than 80 hours of comp time per calendar year. 10.06 At the discretion of the supervisor, an employee temporarily assigned to carry out the basic responsibilities of a lead employee or assistant superintendent for a specified period of time shall be required to carry a pager while on duty and off duty and shall be compensated an additional $1.00 per hour actually worked above the base compensation. When a department supervisor has three or more employees assigned to work under his/her direction, the Employer shall have the option of assigning an employee to the status of Operator/Mechanic Lead Person on an annual basis, and that employee shall be E compensated an additional $1.00 per hour above base rate compensation. In the absence of the department supervisor, a lead person may be assigned to an on-call status and shall be required to carry a pager while on and off duty during the supervisor's absence. The Employer shall have the sole authority in selection of a lead person to be based on performance evaluations and capabilities of the employee. 10.07 An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay for any time actually worked up to two (2) hours. 10.08 A water/sewer collection employee assigned to a schedule for on-call status shall be required to carry a pager while on duty and on-call and will be compensated an additional one (1) hour base pay each week day (excluding union holidays) above base compensation. Compensation for weekend and holiday on-call status will be three -and -one half (3-1/2) hours for a two-day weekend and five and one quarter (5-1/4) hours for a three-day weekend above base compensation for the weekend period. An on-call status employee shall be available to respond to emergency calls within a 15 -minute response time and will carry the only pager available for that department. In addition to the daily compensation, the employee will be compensated for any additional callback time at regular base rates of pay for the number of hours worked. At the discretion of the Employer, a department supervisor may be assigned to a rotation as an on-call status and shall be available to respond to all emergency calls for service during that rotation. All weekend assignments for on-call status shall be determined and scheduled at the discretion of the Employer. For the purpose of this section, a weekend period begins at the end of the normal shift of the individual assigned on Friday and ends at the beginning of a normal shift on Monday. In the case of a three-day weekend, the period begins at the end of the normal shift prior to the beginning of a three-day weekend and ends at the beginning of the next regular day shift after the three-day weekend. This section regarding additional compensation for on-call status does not apply to an individual assigned to on-call status under 10.06. ARTICLE XI Legal Defense 11.01 Employees involved in litigation because of negligence, ignorance of laws, non -observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 11.02 Any employee who is charged with a traffic violation, ordinance violation, or criminal offense arising from acts performed within the scope of this employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XII Right of Subcontract 12.01 Nothing in this agreement shall prohibit or restrict the right of the Employer for subcontracting work performed by employees covered by this agreement. 10 ARTICLE XIII Discipline 13.01 The Employer will discipline employees only for what it considers to be just cause. ARTICLE XIV Seniority 14.01 Seniority shall be the determining criterion for transfers, promotions to other bargaining unit positions, and layoffs only when all other qualification factors are equal. ARTICLE XV Probationary Periods 15.01 All newly hired or rehired employees will serve a six (6) month probationary period. Time worked pursuant to any governmental program shall not count toward the probationary time required. The City may, at its sole discretion, discipline and discharge a probationary employee without recourse to the grievance procedure. ARTICLE XVI Safetv 16.01 The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters, and to encourage employees to work in a safe manner. 16.02 Where items of safety equipment are required by federal, state, or local rules and regulations, it shall be a condition of employment that such equipment will be worn or utilized by the employee. Employees may provide personal items only if approved by the Employer in advance. ARTICLE XVII Job Posting 17.01 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: (a) Have the necessary qualifications to meet the standards of the job vacancy; and (b) Have the ability to perform the duties and responsibilities of the job vacancy. 17.02 Employees filling a higher job class based on the provisions of this article shall be subject to the conditions of Article XV (probationary periods). 17.03 The employer has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 17.04 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 11 ARTICLE XVIII Group Insurance Program 18.01 The Employer shall provide a group health and hospitalization medical insurance plan for employees in accordance with this Article. The Employer's contribution is towards premiums for coverage for each employee employed by the Employer who qualifies for and is enrolled in the Employer's group health and hospitalization plan. Any additional cost of the premium over and above the contribution of the Employer listed shall be paid by the employee through payroll deduction. 18.02 In 2017, the Employer shall contribute the following amounts towards the cost of coverage for each employee who qualifies for and is enrolled in the Employer's group health and hospitalization plan, as follows: Effective March 2017 the City will contribute $1170 towards employee only coverage and $1117.55 towards employee + dependent (s) coverage. All employee classes covered by this agreement will pay the difference between the full cost and the City's contribution though payroll deduction. 18.03 Affordable Care Act: In the event that the health insurance provision of this Agreement fail to meet the requirement of the Affordable Care Act, and its related regulation or cause the Employer to be subject to a penalty, tax, or fine, either party may request that the other party meet and negotiate over amendments to those health insurance provisions that the requesting party deems necessary. The requesting party shall be obligated to provide specific documentation as to the provision of the ACA that is cause for the requested reopener at that time such a request if made. In such negotiations, the right and obligations of the Union shall be subject to the provisions of Minn. Stat. §179A.06, and the rights and obligations of the Employer shall be subject to the provisions of Minn. Stat §179A.07. The City agrees to re -open the contract to discuss the medical and dental benefit contribution amounts for 2018 and 2019 plan years. The City retains the right to change insurance carriers and/or program benefit levels provided any changes are consistent with all City of Monticello employee groups. ARTICLE XIX Holidays 19.01 The Employer will provide the following ten and one-half (10-1/2) paid holidays for the length of this Agreement for all Equipment Mechanic/Operator, Shop Mechanic/Operators and Forman employees: New Year's Day, Martin Luther King Day, President's Day, Memorial Day (last Monday in May), Independence Day, Labor Day (first Monday in September), Columbus Day (second Monday in October), Veteran's Day (November 11), Thanksgiving Day, Christmas Day, and one-half (1/2) day on December 24 to be observed on the last work day preceding Christmas. When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on Sunday, the following day shall be a holiday. When New Year's Day, Independence Day, Veterans Day, or Christmas Day falls on a Saturday, the preceding day shall be a holiday. 12 ARTICLE XX Vacation Leave 20.01 The following chart provides detailed vacation earnings for eligible benefit -earning employees, based on years of continuous full-time service with the City. Years of Service Full -Time 0 thru 5 years 80 hours per yr./10 days 6 thru 10 years 120 hours per yr./15 days Year 11 128 hours per yr./16 days Year 12 136 hours per yr./17 days Year 13 144 hours per yr./18 days Year 14 152 hours per yr./19 days Year 15 160 hours per yr./20 days 20.02 Except as specifically approved in writing by the City Administrator, employees will not be allowed to accumulate in excess of 1 1/2 times their annual vacation accrual. 20.03 Any permanent employee leaving any municipal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued and unused to the date of separation. 20.04 No employee shall be permitted to waive vacation leave for the purpose of receiving double pay. 20.05 During the first six (6) months of the initial probationary period for new benefit eligible employees, they will not normally be entitled to take paid vacation leave. However, vacation hours accrue from the start of employment and can be used upon completion of their probationary period. 20.06 All bargaining unit employees hired after April 1, 2015, will be covered under the City's paid - time off (PTO) plan, when such plan is in place. ARTICLE XXI Sick Leave 21.01 Eliaibilitv: Sick leave with pay shall be granted to all probationary and permanent employees classified as Equipment Mechanic/ Operators at the rate of one working day for each calendar month of full-time service. For this purpose, one calendar month shall be any month in which an employee is paid for twelve (12) or more working days, provided that such sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) probationary period. 13 21.02 Accrual: Sick leave may be accumulated as earned with no maximum accumulation limit after April 1, 1996. 21.03 Sick leave may be granted only for absence from duty because of personal illness or legal quarantine of the employee, his/her spouse, or children. 21.04 In the event of death or serious illness in the immediate family, a maximum of three (3) days sick leave shall be allowed. 21.05 Workman's compensation benefits and/or City -provided weekly disability benefits shall be credited against the compensation due an employee using sick leave benefits. 21.06 Proof Reauired: In order to be eligible for sick leave with pay, an employee must: 1. Report within one-half (1/2) hour, unless circumstances do not permit in which case as soon as circumstances do permit, of the beginning of his/her work day to his/her department head the reason for his/her absence. 2. Keep his/her department head informed of his/her condition if the absence is of more than three (3) days duration. 3. Submit a medical certificate for any absence if required by the department head or City Administrator. 21.07 Penaltv: Claiming sick leave when physically fit, except as permitted in this section, may be cause of disciplinary action, including transfer, suspension, demotion, or dismissal. 21.08 Immediate Familv: Immediate family for purposes of serious illness shall mean mother, father, husband, wife, son and daughter, or other family members referenced under Minnesota Statute 181.9413, as amended Immediate family for purposes of death shall, in addition to the foregoing, include brother, sister, grandparent, mother-in-law, and father-in-law. 21.09 Fit to resume duty; alternate dutv: After an illness or injury has caused an absence, the Employer may require the employee to submit a medical certificate indicating the employee's fitness to resume duty. The City may request the employee to submit to an examination by a physician which the City designates, said examination to be at the expense of the City. While the Employer will consider the recuperation of the employee when assigning tasks, nothing herein shall be construed to obligate the Employer to assign, provide, or create special duty for the employee. If, however, the Employer can provide special duty in a particular instance, said assignment of special duty shall not constitute a policy or precedent for extending the special duty or for providing special duty in a different instance. The Employer reserves the full and unrestricted right to place on unpaid, inactive status any employee who is unable to fully perform the duties and tasks assigned. Any employee placed on inactive status for more than six months may be discharged by the Employer for medical reasons, except that the Employer may extend such absence in the event the Employer's doctor provides a certified statement that the employee will be able to resume his/her duties on a specified date. Any employee on inactive status for more than 12 months may be discharged by the Employer and termination will be considered for medical reasons, and the employee shall be considered to have left employment in good standing ARTICLE XXII Severance Pav 22.01 Eligible employees leaving City service after five (5) years of employment with the City shall receive payment for unused sick leave at the time their final paycheck is issued based on 1/ 4 14 of the employee's unused sick leave times the hourly rate at the time of giving notice and such payment shall be sent to the MSRS Health Care Savings Plan in the employees name, such funds to be used for allowable medical costs in accordance with MSRS regulations. 22.02 Eligible employees leaving City service after ten (10) years of employment with the City shall receive payment for unused sick leave at the time their final paycheck is issued based on 1/2 of the employee's unused sick leave times the hourly rate at the time of giving notice, not to exceed fifty (50) days, and such payment shall be sent to the MSRS Health Care Savings Plan in the employees name, such funds to be used for allowable medical costs in accordance with MSRS regulations. 22.03 Eligible employees leaving City service who have accumulated above 100 sick days after April 1, 1996, will be allowed to receive credit for any days over 100 at the current hourly rate of pay as a severance benefit. An employee who is eligible to receive accumulated sick days severance benefits after termination is required to participate in the Minnesota State Retirement System Health Care Savings Plan and allowable funds will be transferred by the Employer to MSRS in the employee's name. 22.04 Eligible employees who have accumulated above 100 sick days after April 1, 2003, will be required to contribute up to 100 hours annually to the MSRS Health Care Savings Plan until the employee's accumulated sick days have been reduced to 800 hours (100 days). Upon termination of employment, any remaining severance benefits would be paid to the employee's MSRS account. 22.05 Only days of sick leave accumulated after April 1, 1980, will be considered for any type of severance benefit. Any permanent employee leaving any municipal service in good standing after giving proper notice of such termination of employment shall be eligible for severance pay provisions outlined. 22.06 If an employee dies before being able to utilize all of the severance funds, his/her spouse, beneficiaries, or estate shall be entitled to receive the balance of any funds remaining in accordance with MSRS Health Care plan provisions. The employer shall calculate the amount of eligible severance benefits available that have not been transferred to the MSRS Health Care Plan and shall remit these funds to the MSRS Plan in the employee's name. An employee who has previously enrolled in the MSRS Health Care Savings Plan will have any remaining severance benefits paid to their MSRS account. ARTICLE XXIII Waiver 23.01 any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provisions of this agreement are hereby superseded. 23.02 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by in this agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated and executed. 15 ARTICLE XXIV Education Compensation 24.01 Employees will be reimbursed for one hundred percent (100%) of the cost incurred for the payment of tuition, fees, and text books required in the attendance of job-related courses provided that: • The course has been approved by the City Manager and department director prior to registration for, or participation in, the course. • The employee has submitted a certified fee statement for payment of tuition, fees, and purchase of text books. • The employee must show proof of satisfactory completion of the course. • The attendance of the employee at course sessions has been satisfactory. 24.02 Water and sewer workers will get a monthly license stipend for each level obtained. Water: Class D = $25 Class C = $50 Class B = $75 Sewage: Class D = $25 Class C = $50 Class B = $75 ARTICLE XXV Clothinz/ Uniform Allowance 25.01 The Employer agrees to contribute up to $502.36 annually to each full-time permanent Union employee for uniform/ clothing laundering services that may be used by employees. Effective April 1, 2002, the City of Monticello agrees to contribute $502.36 annually plus up to fifty percent (50%) of any increase incurred by the City for the uniform/ clothing laundering services. ARTICLE XXVI Seasonal and Temporary Employees 26.01 The Employer may hire Spring/Summer Seasonal employees and four (4) Fall/Winter Temporary employees allowing each group to work up to 180 calendar days per year. 26.02 The Employer believes that hiring Seasonal/Temporary employees for longer periods of time will allow union employees more opportunity to perform skilled work and operate equipment. Seasonal/Temporary employees will not operate any equipment that requires a Commercial Driver License CDL or any equipment that has horse power rating of 50 or more with the exception of mowers including seasonal attachments and non CDL motor vehicles. In the event that a regular, full-time, bargaining unit employee is out on an approved extended leave a separate MOU will be drafted regarding the terms of employment. 26.03 The 180 day period begins on the first day that any seasonal employee starts work. All employees shall be terminated at the end of the initial 180 day period from the date of the first hired seasonal. Fall/Winter Temporary employees will be subject to union dues or fair share fee 30 days after the hire date. 26.04 No member of the full-time bargaining unit will be laid off while Seasonal/Temporary employees are employed. 26.05 Employer will determine the pay rate and for Seasonal/Temporary employees. 16 26.06 Full-time bargaining unit employees will be given the opportunity to work overtime before being offered to Seasonal/Temporary employees. 26.07 Seasonal/Temporary workers shall not be eligible for any benefits under this agreement except those which may be required by law. 26.08 Seasonal/Temporary employees may be terminated at the sole discretion of the Employer. ARTICLE XXVII Duration This AGREEMENT shall be effective as of April 1, 2017, and shall remain in full force and effect until December 31, 2019. Employees will respond to snow/ice events beyond the duration of the contract. CITY OF MONTICELLO Mayor City Administrator Dated this 2017. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 Glen D. Johnson, Business Manager Ron Boesel, Area Business Rep. Steward Steward day of Dated this 17 2017. day of APPENDIX #1 SALARY SCHEDULE Effective 1/7/17 Equipment Mechanic/Operators Water and Sewer Operator- Apprentice Step 1 Step Step 2 Step Step Step Step 4 Step Step Step Step 6 Step Step 7 Step Step 8 1.5 2.5 3 3.5 4.5 5 5.5 6.5 7.5 I 20.41 20.83 $21.26 $21.70 $22.16 $22.59 1 $23.01 1 $23.46 $23.88 $24.34 $24.76 $25.20 $25.65 $26.08 $26.54 Shop Mechanic/Operator Foreman Step 1 Step Step 2 Step Step Step I Step 4 1 Step Step Step Step 6 Step Step 7 Step Step 8 1.5 2.5 3 3.5 4.5 5 5.5 6.5 7.5 I $21.73 $22.21 $22.68 $23.14 $23.61 $24.07 1 $24.55 1 $25.01 1 $25.48 1 $25.94 1 $26.39 $26.86 $27.34 $27.81 $28.26 Special Project Manager- Building and Maintenance Step 1 Step Step 2 Step Step Step Step 4 Step Step Step Step 6 Step Step 7 Step Step 8 1.5 2.5 3 3.5 4.5 5 5.5 6.5 7.5 I $23.23 Step $24.21 $24.70 $25.20 $25.71 $26.20 $26.71 $27.19 $27.70 $28.20 $28.69 $29.19 $29.67 $30.17 Effective first full pay period January 2017 increase all wages by 2%. Effective first full pay period July 2017 increase all wages by 1 %. Effective first full pay period January 2018 increase all wages by 2%. Effective first full pay period July 2018 increase all wages by 1 %. The City agrees to re -open the contract at the end of 2018 to negotiate 2019 wages. in CJTYOF M nti Proposal For International Union of Operating Engineers, Local No. 49 AFL-CIO Contract Date: April 1, 2017- December 31, 2019 The City of Monticello is hereby offering the following proposal for your consideration covering the period of April 1, 2017 through December 31, 2019. ARTICLE II- Recoanition 2.01 The Employer recognizes the Union as the exclusive representative under Minnesota Statutes, Section 179.71, Subdivision 3, in an appropriate bargaining unit consisting of the following job classification (s): Grade 9 Equipment Mechanic/Operator Grade 1 Shop Mechanic/Operator Grade 1 Operator/Mechanic Foreman Grade 11 Special Project Manager- Building and Maintenance The followina iob classification will be utilized on an as need basis. Grade 9 Water and Sewer Operator- Apprentice The probationary employee will be reauired to test and obtain their Class D Water and Wastewater licenses at the first testina opportunity after twelve (12) months of employment. If an emDlovee fails the test(s) on their first attempt thev will be permitted to retake each exam once at the first available opportunity followina the oriainal test date. Failure to obtain both licenses after two (2) attempts may result in termination of emDlovment. Upon obtainina their Class D Water and Wastewater licenses the emDlovee will be eliaible for a performance based increase and transition to "regular full-time employee" status under the Water and Sewer Operator iob classification. Annual reviews and performance increases will occur annually thereafter on the anniversary of obtainina their licenses. The emDlovee will Dav for the cost of obtainina their initial licenses. The City aarees to reimburse the emDlovee for the full cost after one vear of service as a Water and Sewer Operator. The wage rates for such classification (s) are set forth in Appendix #1 ARTICLE III - Union Securitv 3.03 The Union will designate EertaiH uD to two (2) employees from the bargaining unit to act as Stewards and shall inform the Employer in writing of such choice. ARTICLE V- EmDlover Authority 5-.G3--F\3rt time or seasonal employees may enly eperate meter vehiEles Of they -1 preperly licensed by the State. ARTICLE VII- Definitions 7.12 Perfermance Ealuation Ap evaluation by a superviseer ef the employees' wer! Ifo, manco as it re ' ARTICLE VIII- Savinas Clause 8.01 This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to administrative ruling or is in violation of legislation or administrative reaulations, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE IX- Work Schedules 9.02 Service to the public may require the establishment of regular shifts or work weeks for some employees on a daily, weekly, seasonal, or annual basis other than the normal ?30-4 7a.m.-3:30D.m. Monday through Friday workday. Water/Sewer department emviovee's normal hours of work shall include a flexible start time between 7-7:30 a.m. subiect to the approval of the Public Works Director or their designee. Assignment of regularly scheduled hours different than above will only be made with three (3) days advance notice. ction, the cmploy the n al 7:30 rn.m. 1:30 p.rn., 1`11enday thFeugh FFiday WeFkday te 0 a.rn. 1:30png with air -4o u r l u n g ARTICLE X - Overtime Pay. 10.01 Hours worked in excess of either eight (8) hours within a twenty-four (24) hour period, (except for shift changes), or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (11/2) times the employee's base pay rate. Hours worked on Saturday and Sunday will be compensated for at one and one-half (1 1/21 times the employee's base rate reaardless of hours worked in the week. The employer reserves the right to send employees home when they reach 40 hours in the work week. Holiday and sick leave will be counted as hours worked for the purposes of computing overtime. Vacation and comp time will not be counted as hours worked for purposes of calculating overtime. EmDlovees will be compensated at their reaular base rate for attendance at approved iob-related courses and trainina reaardless of hours worked in a 24 hour period. ARTICLE XV- Probationary Periods 15.01 All newly hired or rehired employees will serve a six (6) month probationary period. Tome weFI(ed-ptifivant t ental pragr-affl shall net ceunt toward the pmbatianary tirne required. The Citv mav, at its sole discretion, discipline and discharae a Drobationary employee without recourse to the arievance procedure. ARTICLE XVIII- Group Insurance Proaram 18.01 The Emplover shall provide a arouD health and hospitalization medical insurance plan for emDlovees in accordance with this Article. The EmDlover's contribution is towards premiums for coverage for each emplovee emDloved by the Employer who aualifies for and is enrolled in the EmDlover's arouD health and hospitalization plan. Any additional cost of the premium over and above the contribution of the Emplover listed shall be paid by the emplovee throuah Davroll deduction. 18.02 In 2017, the Emplover shall contribute the followina amounts towards the cost of coveraae for each emplovee who aualifies for and is enrolled in the EmDlover's arouD health and hospitalization Dian, as follows: Effective March 2017 the City will contribute $1170 towards emplovee only coveraae and $1117.55 towards emplovee + deDendent (s) coveraae. All employee classes covered by this aareement will Dav the difference between the full cost and the Citv's contribution thouah Davroll deduction. 18.03 Affordable Care Act: In the event that the health insurance provision of this Aareement fail to meet the reauirement of the Affordable Care Act, and its related reaulation or cause the Employer to be subiect to a Denaltv, tax, or fine, either Darty may reauest that the other Dartv meet and negotiate over amendments to those health insurance provisions that the reauestinci Dartv deems necessary. The reauestinci Dartv shall be obligated to provide specific documentation as to the provision of the ACA that is cause for the reauested reopener at that time such a reauest if made. In such neaotiations, the riaht and obliaations of the Union shall be subiect to the provisions of Minn. Stat. r4179A.06, and the riahts and obliaations of the Employer shall be subiect to the provisions of Minn. Stat F1179A.07. The City agrees to re -open the contract to discuss the medical and dental benefit contribution amounts for 201�1:7 2018 and 2019 plan years. The City retains the right to change insurance carriers and/or program benefit levels provided any changes are consistent with all City of Monticello employee groups. ARTICLE XXI- Sick Leave 21.08 Immediate Familv: Immediate family for purposes of serious illness shall mean mother, father, husband, wife, son and daughter, or other familv members referenced under Minnesota Statute 181.9413, as amended. Immediate family for purposes of death shall, in addition to the foregoing, include brother, sister, grandparent, mother-in-law, and father-in-law. ARTICLE XXVII- Duration This agreement shall be effective as of April 1, 2017, and shall remain in full force and effect until December 31, 2019. EmDlovees will resDond to snow/ice events bevond the duration of the contract. APPENDIX #1: SALARY SCHEDULE FOR YEARS 2017-2019 Effective first full pay period January 2017 increase all wages by 2%. Effective first full pay period July 2017 increase all wages by 1%. Effective first full pay period January 2018 increase all wage rates by 2%. Effective first full pay period July 2018 increase all wage rates by 1%. The City agrees to re -open the contract at the end of 2018 to negotiate 2019 wages. APPENDIX #2 (Employee Benefit Summary) APPENDIX #3 (Insurance Contribution Table) City Representative's Signature Date City Council Agenda: 04/10/2017 2E. Consideration of approving the purchase of a Toro GM7210 Polar Trac with attachments for the Parks Department at a cost of $56,670.94 through the Central Equipment Fund. (TP) A. REFERENCE AND BACKGROUND: City Council is asked to authorize the purchase of a 2017 TORO GM 7210 Diesel 35hp Polar Trac for the Parks Department from MTI Distributing based upon their state contract pricing. This item is included in the 2017 budget and some of the funds will be recovered by selling the old 1995 TORO Grounds Master with broom and mower deck attachments at public auction. The TORO Polar Trac is offered in two models; a 7200 28hp for $49,492.18 or a 7210 35hp for $56,670.94, both amounts include all attachments needed. Staff recommends purchasing the TORO 7210 series as all the filters and parts cross with the current zero -turn machines used by the department. The 7210 also offers more hydraulic flow for running a broom or blower attachment during snow removal operations which provides more life out of the hydraulic pumps. The Toro Polar Trac is a four -season machine that will be used at the MCC for winter operations and in the parks for summer operations. Al. Budget Impact: This purchase will be financed by the Central Equipment Fund which is an internal service fund that provides financing for governmental fund (General Fund) capital equipment purchases of $10,000 or more. The Central Equipment Fund recovers equipment costs with annual lease payments from the benefitting department. The annual recovery for this purchase is $9,400. A2. Staff Workload Impact: Improve staff efficiencies with less equipment failure. B. ALTERNATIVE ACTIONS: 1. Motion to approve purchasing a 2017 Toro GM 7210 Polar Trac from MTI Distributing at a cost of $56,670.94 through the Central Equipment Fund for use by the Parks Department. 2. Motion to deny the purchase at this time. C. STAFF RECOMMENDATION: City staff recommends purchasing a new 2017 TORO GM 7210 Polar Trac from MTI Equipment based upon state contract pricing as outlined in Alternative #1. D. SUPPORTING DATA: A. State contract quote from MTI Distributing. B. Picture of TORO Polar Trac C. Picture of old 1995 TORO to be sold at public auction. 1 D i S T R Tom Pawelk City of Monticello 505 Walnut Street Monticello, MN 55362 Qty Model Number 1 30695 1 30456 1 30382 1 30474 1 30675 1 900455A 1 AMA -00324 1 APV -00022 MTI Distributing Equipment Proposal March 29, 2017 Expiration Date: MINNESOTA STATE CONTRACT PRICING - CONTRACT #T-775(5 = Description GM7210 NO Deck 60 in Side Discharge Deck 12V Power Port Electrical Accessory Kit Cab - Polar Trac GM7200 Polar Trac Kit for Toro Cab Erskine Snowblower for GM7200/GM7210 5' MCT Mechanical Broom for GM7200/GM7210 Powered V -Plow for GM7200/GM7210 Price AM $22,520.82 $3,088.12 $124.34 $8,476.10 $7,295.28 $5,785.71 $5,276.57 $4,104.00 4/28/2017 Price Extension $22,520.82 $3,088.12 $124.34 $8,476.10 $7,295.28 $5,785.71 $5,276.57 $4,104.00 TOTALS Equipment Total $56,670.94 Toro Protection Plus $0.00 Trade Ins $0.00 Estimated Sales/Use Tax $0.00 Total $56,670.94 Quote is valid for 30 days New Toro commercial equipment comes with a two-year manufacturer warranty Equipment delivery at no additional charge Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman, SCPS Outside Sales Representative 612-877-0830 Karen Wangensteen Inside Sales Representative 763-592-5643 MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429 Mulching Mower Deck for 1995 Toro Grounds Master 1995 Toro 325-D Grounds Master with Broom Roughly 4,000 hours TOROL Count on it. LJO a . � Ni. 4jT 4 Winter has met its match. While other mowers hibernate during the winter months, ' the Toro Polar Trac System transforms the Groundsmaster tem 7200/7210 into a powerful snow removal machine. The r r'r 35 hp I patent -pending Polar Trac System is ready for all winter o conditions with its heated hard cab, innovative rubber track system and quick -connect s r attachments. With ik its zero turn radius Y capabilities, you can remove snow from the tightest areas. —rr I I 1 hr 2 hrs 3 hrs 4 hrs Convert the Groundsmaster 7200/7210 with the Polar Trac System in just four hours. Attachments 53" (133 cm) Snow Blower 60" (150 cm) Rotary Broom Exclusive features. Will J � l J Two foot -pedal controls Quick -connect attachment simplify the snow attachment system allows swapping of operation. attachments without tools. Ready for anything. The Polar Trac cab was designed to increase productivity by making the operator as safe and comfortable as possible. The spacious ROPS certified Iq cab offers large windows for a clear visibility of attachments and surroundings. 48" (120 cm) V -Plow The articulating rubber track system maximizes traction. The zero -turn stick operation, easy two -pedal attachment controls and deluxe suspension seat ensure operator comfort and reduced fatigue. No matter what the winter brings, you'll be ready with the Toro Polar Trac System. 60" (150 cm) Angled Snow Blade — low'`a The Integrated direct -drive transmission reduces maintenance and improves durability. 0 See it and believe it. 0 Be ready when the snow hits. The Toro® Groundsmaster4 7200/7210 converts from a mower to the Polar Trac' System in less than four hours. Watch the time-lapse video at www.toro.com/gm7200. Specifications for Groundsmaster 7200/7210 Polar Trac System Engine Model: Kubota® 3 -cylinder, diesel Rating: 7200: 28 bhp (18.6 kW); 7210: 35 bhp (21 kW) turbo Cooling: Liquid Displacement: 1123 cu. in. (18.4 liter) Fuel capacity: 11.5 gallon (43.5 liter) Traction Unit Transmission: Direct drive to engine, integrates dual wheel motor pumps and hydraulic clutch directly mounted to engine PTO Clutch: Hydraulically actuated wet multi -disc clutch Wheel Drive. Independent high-torque, low -speed wheel motors with 310cc displacement Steering: Adjustable twin sticks with high performance CYB® hydraulic dampers Instrumentation: Hour meter, glow plug, temperature, oil pressure, alternator Seat: High back cushion, adjustable for operator weight, seat back angle, fore/aft position, lumbar support and armrest height Electrical Battery: 12 volt. 540 CCA Alternator. 40 amp Interlocks: Tractor neutral, operator presence, parking brake, PTO on, auxiliary hydraulics on, high temp and overtemp Track System: Three wheels distribute weight over each track; front two wheels are mounted to a walking axle permitting motion without losing track tension Track Tread. Kevlar reinforced rubber compound Ground Speed: 0-8 mph (12.9 km/h) Attachment System: Quick -connect allows swapping of attachments without tools; discharge chute or the angular position of both the rotary broom and straight blade Attachment Controls: Two foot pedals; Left pedal: Raise/Lower/Hold/ Float; Right pedal: Attachment angle control—right/left Snow attachments: 53" (135 cm) Snowblower, 60" (152 cm) rotary broom, 60" (152 cm) angled snow blade and 48" (122 cm) V -plow Polar Trac Cab: ROPS certified, tinted safety glass, includes heater/ pressurizer, front wiper, dome light, upholstered interior, floor mat, rubber isolator mounts Cab Light System: Work/road lights, turn signals, flashers and tail lamps Dimensions Width: 49.5" (126 cm) Length: 91" (231 cm) from rear bumper to front quick connect system Height: 78" (198 cm) to top of cab Track Contact Length: 40" (102 cm) Weight: Groundsmaster 7200/7210: 2320 lbs. (1052 kg) Safety Certifications: OSHA 1928.51, SAE 11194, CSA 8352.1, ANSI/ASAE 5279.12 TORO" PROFESSIONAL SERVICES Toro Financing A full service offering for all your equipment and irrigation purchases. Flexible financing options can be tailored to meet your operational needs. Toro Protection Plus Extended Protection Plan Protect your budget and your equipment investment. Plans are available for both new and used equipment, and you can choose from various terms to fit your financing terms. Toro Genuine Parts Keep the productivity and performance of your equipment at its peak. Learn about Performance Parts pricing and MVP kits. Find replacement parts online at Toro.com/partsviewer. Products depicted in this brochure are for demonstration purposes only. Actual products offered for sale may vary. 02006 The Toro Company, 8111 Lyndale Ave S., Bloomington, MN 55420-1196 Part No. 06-0427. Printed in U.S.A. Toro.com Toro Training Toro factory Service Schools are available. Explore the training and customer care areas of Toro.com and ToroNSN.com for readily available education and training materials. Toro Controller Repair Provides irrigation controller boards ready for immediate board exchange to assure that downtime is minimal and your turf stays protected. Toro is the choice for reliability. Toro NSN• An industry -first support network that provides reliable, around-the-clock irrigation central control system troubleshooting and operation assistance. Call 1 -800 -ASK -TORO. NEW! myliurf'a Fleet Management This free online tool from Toro keeps track of maintenance for all of your turf equipment. Complete product information and parts ordering are also included. City Council Agenda 04/10/2017 2F. Consideration of an ordinance amendment adding "recreation" responsibilities to the duties of the Parks Commission and Board membership from 5 to 7. (AM, TP) A. REFERENCE AND BACKGROUND: At the last City Council Meeting, City Council repealed the Ordinance for the Monticello Community Center Advisory Board. Staff is now requesting City Council is asked to consider approving a revision of the current City Ordinance XXX through the addition of recreation responsibilities. The amendment also includes adding two members to the Commission. The current Parks commission members will remain in place and two additional members will be recruited to form the Parks and Recreation team. The duties of the commission, with staff assistance, are to study and provide information to determine the city's needs for parks, recreational programming opportunities, and facilities, make recommendations to the City Council, including general and specific development standards and criteria for evaluating specific sites to develop recreational programming opportunities and enhance the community's vision of becoming a recreation destination. The first goal of the Parks and Recreation Commission is to help develop and guide the process in our move to create the city's Parks and Recreation Department. Staffs' vision is to see an increase of program offering and recreational opportunities in our parks system and facilities. The Community Center Director will be the staff responsible in the organization for fulfilling "recreation" side of the commission. It is expected that the recreational activities and programming that develops will take into consideration recreational opportunities provided by Monticello Community Education and to the extent possible operate in cooperative fashion and without duplication. B. ALTERNATIVE ACTIONS: 1. Motion to approve Ordinance 664 amending Title 2, Chapter 6 of the City Code titled Parks Commission. 2. Motion to deny. C. BUDGET IMPACT A specific budget for recreation activities and programming supporting MCC operations is currently in place supporting the current level of recreational programming. No direct budget impact results from this amendment today, however it should be noted that this amendment opens the door to a more proactive effort for developing a more expansive City Council Agenda 04/10/2017 offering of recreational activities and programming which will need to be budgeted accordingly. D. STAFF RECOMMENDATIONS: City staff recommends Alternative #1. This proposal aligns with the City Council's goals: build a connected community, create and preserve sustainable livability, and to strengthen our image as a destination city. E. SUPPORTING DATA: • Draft Ordinance ORDINANCE 664 ORDINANCE AMENDING TITLE 2, CHAPTER 6 OF THE CITY CODE TITLED PARKS COMMISSION CHAPTER 6 PARKS AND RECREATION COMMISSION SECTION: 2-6-1: Name of Commission 2-6-2: Authorization 2-6-3: Membership 2-6-4: Term of Office 2-6-5: Attendance 2-6-6: Vacancy 2-6-7: Officers 2-6-8: Meetings 2-6-9: Quorum 2-6-10: Duties of the Commission 2-6-11: Amendments 2-6-1: PURPOSE: A Parks and Recreation Commission is herebv established to serve as an advisory commission to the Citv Council. SOF THE COMMISSION: The frame ovraz�vi�uiii� Ai�n'1 .. 0 t 0 Il�:�'0 2-6 2: AUTHORIZATION: Tke authorization for- the establishment of this corn- iosion is et under-feFth TMinnesota Statutes -Section � � S.56. Duties are delegated to the Par4s Commission by the City Gotmeil of Monfieelle by this d F&Ixarr,-14-, l 99 ,nn p T,er puruu teMimesetaStatu4es. on 'I S.S.56-. 2-6-2: MEMBERSHIP: The Monticello Parks and Recreation Commission shall consist of five (5) seven (7) regular members to be appointed by the City Council of Monticello. Said commission shall consist of no more than one member who is not a resident of the city. Any non-resident appointed to the commission must reside in the Orderly Annexation Area. 2-6-3: TERM OF OFFICE: The term of the regular members shall be for three (3) years and shall be staggered so that no more than two members' terms expire in a given year. All regular terms shall expire at the first City Council meeting of the new calendar year. 2-6-4: ATTENDANCE: It is the City Council's intention to encourage members to attend all Parks and Recreation Commission meetings. Should members be absent for more than three meetings in a calendar year, that member be subject to replacement by the City Council. MONTICELLO CITY ORDINANCE TITLE 11, CHAPTER 6, PAGE 1 2-6-5: VACANCY: Any vacancy in the regular or at large membership shall be filled by the City Council, and such appointee shall serve for the unexpired term so filled. 2-6-6: OFFICERS: (A) Elections. The City Parks and Recreation Commission shall elect at its January meeting from its membership a chair, vice chair, and a secretary who shall serve for a term of one year and shall have such powers as may be prescribed in the rules of said commission. (B) Duties of Chair. The chair shall preside at all meetings of the Parks and Recreation Commission and shall have the duties normally conferred and parliamentary usage of such officers. (C) Duties of Vice Chair. The vice chair shall act for the chair in his absence. (D) Duties of Secretary. A secretary may be appointed who is not a member of the Parks and Recreation Commission but can be employed as a member of city staff. The secretary shall keep the minutes and records of the commission; and with the assistance of staff as is available shall prepare the agenda of the regular and special meetings for commission members, arrange proper and legal notice of hearings when necessary, attend to correspondence of the commission, and other duties as are normally carried out by a secretary. 2-6-7: MEETINGS: Regular meetings shall be held on a date established by the Parks and Recreation Commission. In the event of a conflict with a holiday or special events, a majority at any meeting may change the date and location of the meeting. The meeting shall be open to the general public. 2-6-8: QUORUM: A majority of the total Parks and Recreation Commission members shall constitute a quorum for the transaction of business. 2-6-9: DUTIES OF THE COMMISSION: It shall be the duty of the commission, with staff assistance, to study and provide information to determine the citv's needs for parks facilities and open space needs of the Citv along with recommendations for recreation activities and programming and open space novas of the eity and make recommendations to the City Council ,-espe t thereof, including general and specific development standards and criteria for evaluating specific sites. 2-6-10: AMENDMENTS: This ordinance may be amended as recommend by the majority vote of the existing membership of the Parks and Recreation Commission and only after majority vote of the City Council. MONTICELLO CITY ORDINANCE TITLE II, CHAPTER 6, PAGE 2 ADOPTED AND APPROVED FOR PUBLICATION by the City Council of the City of Monticello, Minnesota, this 10th day of April, 2017. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: (#203, 2/11/91) MONTICELLO CITY ORDINANCE TITLE II, CHAPTER 6, PAGE 3 City Council Agenda: 04/10/2017 3A. PUBLIC HEARING - Consideration of adopting Resolution 2017-15 approving the vacation of drainage and utility easements for Lot 6, Block 1 of Monticello Travel Center Second Addition. Applicant: Crown Bav, LLC (AS/JS) A. REFERENCE AND BACKGROUND: Crown Bay LLC submitted a petition asking Council to call for a public hearing to consider granting vacation of a portion of drainage and utility easements across Lot 6, Block 1, Monticello Travel Center 2nd Addition. The vacation of easements is requested to facilitate a retail commercial development. Existing easements are a holdover from earlier plats and are in excess of current requirements. The proposed vacation will leave an easement consistent with required 12 -foot easements currently along all other plat edges of Monticello Travel Center 2nd Addition and additional easement width to accommodate existing utilities. The proposed vacation will leave an easement which will accommodate all existing public and private utilities that extend through the lot. The existing sanitary sewer main that extends through the lot will be contained within the easement. An existing TDS fiber duct that extends through the lot will remain in the easement. Private utilities that will lie outside the newly established public easement will be a TDS Telecom pedestal with two associated cables and a Charter pedestal with associated cable. TDS and Charter have agreed to relocate the pedestals onto the new easement along with the associated cables. Al. Budget Impact: Costs for publication of the public hearing notice in the Monticello Times. A2. Staff Workload Impact: Staff impacts at this time are limited to the preparation of the notice documents and reviewing the vacation application. B. ALTERNATIVE ACTIONS: Motion to adopt Resolution 2017-15 approving the vacation of drainage and utility easements over and across Lot 6, Block 1 of Monticello Travel Center Second Addition. 2. Motion to deny adoption of Resolution 2017-15 at this time. City Council Agenda: 04/10/2017 C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: A. Resolution 2017-15 B. Petition for Vacation C. Easement Vacation Exhibit CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2017-15 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS FOR LOT 6, BLOCK 1, MONTICELLO TRAVEL CENTER 2nd ADDITION WHEREAS, pursuant to Minnesota Statutes Section 4152.851, after two (2) weeks published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before a hearing to each property owner affected by the proposed vacation; and WHEREAS, a public hearing on the vacation of a portion of the Drainage and Utility Easements for Lot 6, Block 1, Monticello Travel Center 2nd Addition on Monday April 10, 2017 at 6:30 PM at the Monticello City Hall: Legal Description for Vacation of Drainage and Utility Easement: A portion of the drainage and utility easement lying within Lot 6, Block 1 of Monticello Travel Center 2nd Addition, described as follows. Commencing at the most southerly corner of said Lot 6; thence on an assumed bearing of North 62 degrees 38 minutes 15 seconds West, along the southwesterly line of said Lot 6, a distance of 14.99 feet; thence North 13 degrees 08 minutes 31 seconds East, a distance of 6.19 feet to the point of beginning; thence continue North 13 degrees 08 minutes 31 seconds East, a distance of 153.09 feet; thence North 34 degrees 02 minutes 46 seconds West, a distance of 65.11 feet; thence South 47 degrees 56 minutes 00 seconds East, a distance of 36.34 feet; thence South 10 degrees 05 minutes 09 seconds East, a distance of 10.42 feet; thence South 48 degrees 48 minutes 53 seconds East, a distance of 33.93 feet; thence South 13 degrees 28 minutes 43 seconds West, a distance of 62.94 feet; thence South 11 degrees 09 minutes 27 seconds West, a distance of 34.72 feet; thence South 27 degrees 23 minutes 54 seconds West, a distance of 52.64 feet; thence South 26 degrees 56 minutes 28 seconds West, a distance 6.87 feet; thence North 62 degrees 38 minutes 15 seconds West, a distance of 4.47 feet to the point of beginning. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: that the above described drainage and utility easements are vacated. ADOPTED BY the City Council of Monticello, Minnesota this 10`" day of April, 2017. ATTEST: CITY OF MONTICELLO Jeff O'Neill, City Administrator Brian Stumpf, Mayor March 6, 2017 Vacation Petition — Easement Lot 6, Block 1, Monticello Travel Center 2nd Addition Crown Bay LLC is petitioning to vacate a portion of the public drainage and utility easement located within Lot 6, Block 1, Monticello Travel Center 2nd Addition. The vacation of the easement portion is requested to facilitate a retail commercial development. The existing easement is a holdover from earlier plats and previous encroaching alignment of Oakwood Drive East and Cedar Street. It is in excess of current requirements. The proposed vacation will leave an easement which will accommodate all existing public utility and one existing private (TDS) utility that run through the lot. The only private utilities that will lie outside of the newly established public easement are: A) one TDS Telecom pedestal and two associated cables, and B) one Charter pedestal and associated cables. TDS Telecom will be moving or removing the pedestal and will be replacing the two associated cables with one larger. This new single cable will be located to lie entirely within public utility easement areas. Charter will be relocating the existing pedestal and associated cables to within the public utility easement. There are no other conflicts, therefore no need for any private easements. March 6, 2017 To: Community Development Director City of Monticello To Whom It May Concern: Crown Bay LLC, fee title property owner of Lot 6, Block 1, Monticello Travel Center 2nd Addition, petition on behalf of Crown Bay LLC, for the vacation of a portion of the drainage and utility easement lying within Lot 6, Block 1, Monticello Travel Center 2nd Addition, Wright County, Minnesota. PROPOSED LEGAL DESCRIPTION FOR VACATION OF DRAINAGE AND UTILITY EASEMENT: That part of the drainage and utility easement as dedicated in Lot 6, Block 1, MONTICELLO TRAVEL CENTER SECOND ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the most southerly corner of said Lot 6; thence northwesterly on an assumed bearing of North 62 degrees 38 minutes 15 seconds West, along the southwesterly line of said Lot 6, a distance of 14.99 feet; thence North 13 degrees 08 minutes 31 seconds East, a distance of 6.19 feet to the point of beginning; thence continue North 13 degrees 08 minutes 31 seconds East, a distance of 153.09 feet; thence North 34 degrees 02 minutes 46 seconds West, a distance of 65.11 feet; thence South 47 degrees 56 minutes 00 seconds East, a distance of 36.34 feet; thence South 10 degrees 05 minutes 09 seconds East, a distance of 10.42 feet; thence South 48 degrees 48 minutes 53 seconds East, a distance of 33.93 feet; thence South 13 degrees 28 minutes 43 seconds West, a distance of 62.94 feet; thence South 11 degrees 09 minutes 27 seconds West, a distance of 34.72 feet; thence South 27 degrees 23 minutes 54 seconds West, a distance of 52.64 feet; thence South 26 degrees 56 minutes 28 seconds West, a distance of 6.87 feet; thence North 62 degrees 38 minutes 15 seconds West, a distance of 4.47 feet to the point of beginning. Thank You. Crown Bay LLC 0 Robert LaMont Its: Chief Manager LEGEND • Found Iron Monument A Found Mag Nail ® Found Chiseled X o Set Iron Monument #41226 L Set Mag Nail #41226 0 Water Gate Valve F-1 Sign O Storm Sewer Manhole ❑ Pedestal ® Curb Stop Light Pole -6 Fire Hydrant ❑ Catch Basin Q Sanitary Sewer Manhole X Spot Elevation UTILITY PIPE LEGEND (Pipe Size Type) Denotes "per city plans or record drawing" Existing Storm Sewer -, -, -, -, -, -, _ Existing Sanitary Sewer w Existing Watermain Electric Transformer 959.0 EASEMENT VACATION EXHIBIT Catch Basin ---Concrete Curb 90- = .---Storm Sewer Manhole RIM 955.90--`956.0 RIM = 955.78 [ 95 . � r\ r\ C° 956.7 r 956.8 Sanitary Sewer Manhole-- Sid RIM = 956.28 r \, Storm Sewer Manhole \1 956.8 00 RIM = 956.19 �❑ \J 956.8 956.8 �r (See Note 2) r \ 956.0 \ \� t` 956.7 956.6 \ ; --Concrete Curb 957'2 \ \ 56.2 r �, \� S7_ (957 956.6 6.9 r \ 956.1 C' °/2 Catch Basin °re 56.3 RIM = 956.00-- \ 56.2(Flow Line) Holiday Gas Station Sign- INV = 953.07110 95 a v- , yo \TI a a � 00 956.5 r \� 957.3 \Manhole c<0 956.6 4;6 0`Z�1 ��S 956.4 _ u I \ \� __---Sanitary SewJ Edge of Concrete--, Cor 956.7 �, Q 956.6 \J RIM = 957.26 X., OG?' �'qJ /\ � r INV NW,SE = 942.26 7? J 956. 956.6 \ INV S = 944.26 Concrete Curb (B612)---- 956.8 sRoad�ay Stor957 ewer x��� Stub (1 'HDP \r / 957.6 `r6` 956.3 / F'V957.6 957.2 - 6 �`` ch Basin-- ���. e \ 9 ^ J \ 957.2 i'../ RIM = 956.10 `'s .7 S °0 '0 E '1i 57.4 x'956.4 `� INV= -9"53.25 `?A,:" 00 956.8 /' i 10.42 i X ��` Zp \ i J 957 5 >� 1 957.6 957.2 X 9�. _ •: \ 957.5 X�� \ Coo �� toc r\�O 00 /' �% X i X958.4 �� "a. `r6• CA r \� �` ❑ 56.7 957.2 i `� �L.\ /e S• I \ Concrete urb (6618) \� �'r "/ rainage and Uti' I asement I\ a, �r \ '°e RQ `3�' / per plat ` `r �d� \'" \ \� Co Q� 6 30' Front Setback--' \ �i ti �,: sc, d9e 7� \ ^ \ 57.5 957.3 / -/ �.' L5 ii957.�1 per Alta Survey ��� : 2 2 �ie'�/ a�°G d'� \ 9\ 9 r 57.7 �'� X \� �sr8. OerAjd/�/ \ ^ \ 957.5 958.7 For Lease, Sign--' X ` /• y \ ' r p Catch Basin 957.7 ' X958.2 959. `s''• \ \ 957.0 X / ;4; F�• o RIM = 957.31 57.9 / �� 857 9 X958.6 / \ " ��9'•, ••Telephone ^ \ ` Storm Sewer Manhole 957.4 / Drai age and Utility Easeme►r(----' a • \ CO 958.3 to and �\'•; Manhole G \ 957 2 r RIM = 957.61 - Bituminous ( \ INV = 951.73 / ^ 957.6 dge of Bit . \ --Catch Basin 58.0 Edge of Gravel/Dirt--- � / � � X959.2 \ s\ ❑ RIM = 957.43 i / 958.9 \ `". �a� / X 6/ ccx ---Underground Fi er Optic X957.9 957.5 a 10' Setback 958.5 - - / -6� 958.8 I O < 957.3 ^r gopher on marks r ^ XLO\ - �i T TCD 958.2 / L _ - - - - - Gravel/Dirt Area \` ^ i 9 8.41 57.5 r �¢__� 20' Slide Setback \� X ' O� \ Coco 958.6 /' / �( �\ per,,Ita Survey _ 959'2 cb I Catch asin // / 959.3 % ^ • / �� \ / � �( RIM 957.43 r Edge of Bituminous = v 958 2 ` k/ 958.8 INV - 954.08 X/97.8 �VCb X 57. r X959.21 rn�''.c �, 958.8 \ \ y r i o^> Storm Sewer Manhole / �o� 958.0 57.8 �i �+ ; 958 . c��O 9X 7 `�� 959.9 LOT V Duct pergoher c 2 INV NE 5 952.24 r 8.07 959.2 /' / 0 X_ S\C a " Underground Electric i - -`�� - - - - ? a �i one marks^ / AJ ❑ VNV SW = 952.31 959.3 N 0i per gopher one marks i `� �096� m N' iP � 11 _ \ O ^ / 958.5 i �95 o ,• / y e� 9.2 ^bD�oryy 6 •// r :-prctrcSign 9X'4 ,hs�� -_ _--_�� C.>: U°c° 8S6--- / .:I I \ \ 958.0 / - - ♦ v A\Storm Edge of Gravel/Dirt 960.5 ConcZ1•ete Curb 6618 X ` 9581 \ 957.8 Sewer Manhole 958.9 1 X _X1 ( ) , 958.3 / vi�t ___ - / RIM = 957.95 :1 59.8 - 5 '., v� 960.2 ; �� ♦ \ rn 1 X 586 ^ \ 959.6 `� 958_9 960.1 _-- 41 958.8 Flectr/cTransform 959. Ns?03e�S,� ,� S26°56' 8" 6.87 i Concrete Curb---' i •�4 .6.19^�cP v 9 •---•G°c � /959.1 X Underground Electric-'° 58.8 90 4"7� / per gopher oneX' 959.3 / 58.9 `8 24" Surmountable Curb :9".9 8 9 .Q 'X \ `0 s4' m 58.9 / Sanitary Sewer Manhole ® / RIM = 959.62 959.2 Edge of / 95 .0 > _ Concrete �° ^ / U 59.2( low Line) W Most southerly corner of Lot 6, Block 1, ........ > �-> _ ^ MONTICELLO TRAVEL CENTER > �> 59.0 SECOND ADDITION / Concrete Curb..:> > I / (B618)/X959.3 ^ ^ � 1 / Sanitary Sewer Manhole RIM = 959.41 ' / INV N = 945.11 -Catch Basin RIM = 958.95 /Catch Basin-- RIM = 958.97 Storm Sewer Sewer Manhole--'� RIM = 959.41 �c'OJ ---Storm Sewer Manhole INV = 953.24 / RIM = 959.16 ch Basin I = 957.61 LEGAL DESCRIPTION OF PROPERTY: Lot 6, Block 1, MONTICELLO TRAVEL CENTER SECOND ADDITION, Wright County, Minnesota. NOTES: 1) The legal description as shown hereon was obtained from Title Commitment File No. NCS-808341-MPLS issued by as a proform by First American Title Insurance Company . The review and depiction of any easements other than the platted easements in said title commitment was not within the scope of this survey or exhibit. 2) Benchmark: Top nut of fire hydrant located on the northeasterly side of Oakwood Drive East as shown hereon. Elevation= 959.37 feet (NGVD 1988 datum) 3) Area: 32723 SgFt 0.8 Acres 4) Location of utilities existing on or serving the surveyed property as determined by observed evidence and markings by utility companies and other appropriate sources (are shown hereon), subject to the following restrictions: A. Utility operations do not consistently respond to locate requests through the Gopher State One Call service for boundary purposes such as this. B. Those utility operators that do respond, often will not locate services from their main line to the customer's structure or facility - they consider those segments private installations that are outside their jurisdiction. If a private service to an adjoiner's side crosses this site or a service to this site crosses an adjoiner, it may not be located since most operators will not mark such "private" services. C. EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE. BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT (651) 454-0002. D. Lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. E. Per Gopher State One -Call Ticket No. 162153107, the following utilities and municipalities were notified: TDS TELECOM 763-295-2301 CHARTER COMMUNICATIONS 800-778-9140 CITY OF MONTICELLO/FIBERNET 763-314-0113 CENTER POINT ENERGY 608-223-2014 DEPARTMENT OF TRANSPORTATION 651-366-5750 NORTHERN NATURAL GAS 651-674-4488 TDS METROCOM 218-821-7672 XCEL ENERGY 800-848-7558 PROPOSED LEGAL DESCRIPTION FOR VACATION OF DRAINAGE AND UTILITY EASEMENT: That part of the drainage and utility easement as dedicated in Lot 6, Block 1, MONTICELLO TRAVEL CENTER SECOND ADDITION, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the most southerly corner of said Lot 6; thence northwesterly on an assumed bearing of North 62 degrees 38 minutes 15 seconds West, along the southwesterly line of said Lot 6, a distance of 14.99 feet; thence North 13 degrees 08 minutes 31 seconds East, a distance of 6.19 feet to the point of beginning; thence continue North 13 degrees 08 minutes 31 seconds East, a distance of 153.09 feet; thence North 34 degrees 02 minutes 46 seconds West, a distance of 65.11 feet; thence South 47 degrees 56 minutes 00 seconds East, a distance of 36.34 feet; thence South 10 degrees 05 minutes 09 seconds East, a distance of 10.42 feet; thence South 48 degrees 48 minutes 53 seconds East, a distance of 33.93 feet; thence South 13 degrees 28 minutes 43 seconds West, a distance of 62.94 feet; thence South 11 degrees 09 minutes 27 seconds West, a distance of 34.72 feet; thence South 27 degrees 23 minutes 54 seconds West, a distance of 52.64 feet; thence South 26 degrees 56 minutes 28 seconds West, a distance of 6.87 feet; thence North 62 degrees 38 minutes 15 seconds West, a distance of 4.47 feet to the point of beginning. Traverse PC A 19zeffl I�a�l► x311=111011R SHEET: 1 OF 1 375 SPRUCE AVENUE NORTH CLIENT: Andy Larson PROJECT LOCATION: I hereby certify that this survey, plan, or report was Drawn by: TTH REVISIONS Checked by: CEW Jr. prepared by me or under my direct supervision and WEBB P.O. BOX 323 Larson Building, Inc. 110 Oakwood Ave E that I am a duly Licensed Land Surveyor under the INO. DATE BY DESCRIPTION laws of the State of Minnesota. I 1 3-6-17 CW Revised Vacation Area . / SURVEYING LLC MAPLE LAKE, MN 55358 3 Hwy 55 West Monticello, MN 55362 c��''"' �" Date: 02/20/17 I I 1 763-898-9999 Buffalo, MN 55313 PID NO's: 155202001060 & 155202001061 Charles E. Webb, Jr. I I License No. 41226 I I Traverse PC A 19zeffl I�a�l► x311=111011R SHEET: 1 OF 1