CITY COUNCIL AGENDA– REGULAR...

CITY COUNCIL AGENDA– REGULAR MEETING January 9, 2017 7:00 PM

The City of Montrose is committed to maintaining a safe, welcoming, family-friendly community, with affordable housing, where parents can raise their families; to ensuring our skilled, motivated employees provide high quality public services at a value; to sound stewardship and fiscal responsibility to ensure

our city remains strong and prosperous, both now and into the future; to nurturing business-friendly partnerships to promote economic development and local jobs; to thoughtfully address community needs and plan for growth, innovation and sustainable development; and to ethical leadership that is responsive

and accountable to our citizens.

Montrose Community Center 200 Center Avenue South

Montrose, MN 55363

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. OATH OF OFFICE

5. OPEN FORUM REQUESTS COLLECTED

6. APPROVAL OF AGENDA

7. APPROVAL OF CONSENT AGENDA

A. Minutes 1. December 12, 2016 – City Council Meeting, prepared by M. McCallum

B. Accounts Payable

1. City, January 9, 2017, prepared by W. Manson 2. Fire Department, January 9 , 2017, prepared by W. Manson

C. Monthly Utility Adjustments, December 2016, prepared by A. Carlson

8. WRIGHT COUNTY SHERIFF’S DEPARTMENT

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9. REPORTS & RECOMMENDATIONS OF CITY DEPARTMENT, CONSULTANTS, COMMISSIONS, AND COMMITTEES A. City Council Monthly Activity Report

B. Fire Department

1. December 2016 Activity Report 2. New Hires 3. Authorization to hire Josh Menard 4. 2017 Captains (Tom Weineck, Craig Otto, Kelly Stoll) 5. Miscellaneous Reporting

C. Park and Recreation 1. January 3, 2016 Park and Recreation Commission Meeting Minutes 2. Park Shelter Grant – Regional Park

D. Public Works

1. Wellhead Protection Plan

E. Administrative 1. Resolution #2017-01, Accepting Donations 2. Resolution #2017-02, 2016 Budget Amendments 3. Resolution #2017-03, Bank Signature Card Change

F. Personnel Committee

1. December 19, 2016 Personnel Committee Meeting Minutes

G. Planning Commission 1. December 21, 2016 Planning Commission Meeting Minutes 2. City Planner Decision 3. Planning Commission Annual Report_2016 4. Zoning Ordinance Amendment – Institutional District, Parks as a Permitted Use –

Ordinance 2017-1 5. Zoning Ordinance Amendment – Institutional District, Temporary Storage Units as an

Accessory Use – Ordinance 2017-2

10. OLD BUSINESS

11. NEW BUSINESS A. 2017 Administrative Fee Schedule – Ordinance 2017-03 B. 2017 Council Appointments C. LMCIT 2016 Property/Casualty Dividend – $17,633 D. American Tower Contract Extension E. 2017 Maintenance Agreement – TH 12 to Buffalo Street F. Extension of Final Plat – Rolling Meadows Greenway Corridor

12. UPCOMING MEETINGS

Personnel Committee Meeting – January 17, 2017 @ 3:00 p.m. – City Hall EDA Meeting – January 17, 2017 @ 6:00 p.m. – City Hall Planning and Zoning Commission Meeting – January 18, 2017 @ 7:00 p.m. – Community Center

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13. OPEN FORUM

14. ACKNOWLEDGEMENTS Cory DeWitte for his 12 years of Service on the Planning Commission.

15. ADJOURNMENT

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CITY COUNCIL AGENDA– REGULAR MEETING MINUTES

December 12, 2016 7:00 PM

The City of Montrose is committed to maintaining a safe, welcoming, family-friendly community, with affordable housing, where parents can raise their families; to ensuring our skilled, motivated employees provide high quality public services at a value; to sound stewardship and fiscal responsibility to ensure

our city remains strong and prosperous, both now and into the future; to nurturing business-friendly partnerships to promote economic development and local jobs; to thoughtfully address community needs and plan for growth, innovation and sustainable development; and to ethical leadership that is responsive

and accountable to our citizens.

Montrose Community Center 200 Center Avenue South

Montrose, MN 55363

1. CALL TO ORDER

2. ROLL CALL

Pursuant to call and notice the Montrose City Council met in regular session on Monday, December 12, 2016 at 7:00 p.m. Those present were Mayor Greg Youmans, Council Members, Michelle Otto, Lloyd Johnson, Melissa Gudvangen. Also present were Andy Pratt, City Attorney, Margaret McCallum, City Clerk/Treasurer, Sean Diercks, Public Works Director, Justin Kannas, City Engineer and Wendy Manson, Deputy Clerk. Absent: Jill Menard.

3. PLEDGE OF ALLEGIANCE

4. OPEN FORUM REQUESTS COLLECTED

An Open Forum Request was collected from resident, Evan Siljander, pertaining to the Minnesota Statute 13D Open Meeting Law and Complaints Siljander stated that according to Minnesota Statute 13D, a councilmember cannot attend a meeting via Skype without proper notification of their location. Attorney Andy Pratt agreed that proper notification needed to be given and therefore informed that Menard would not be able to participate in the meeting as a voting member. Siljander referenced a complaint against a staff member.


Kannas added Trunk Highway 25 Improvements to the agenda under 11.f.

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Otto added Personnel Meeting Schedule under 14. Councilmember Gudvangen moved to approve the agenda as amended. Otto seconded. Motion passed 4-0. Menard unable to vote via Skype.

6. APPROVAL OF CONSENT AGENDA

A. Minutes 1. November 14, 2016 – City Council Meeting - prepared by M. McCallum 2. November 14, 2016 – City Council Canvassing Meeting – prepared by M. McCallum 3. November 28, 2016 – City Council Special Budget Meeting, prepared by M. McCallum

B. Accounts Payable

1. City, December 12, 2016 prepared by W. Manson 2. Fire Department, December 12, 2016, prepared by W. Manson

C. Monthly Utility Adjustments, November 2016, prepared by A. Carlson

D. Temporary On-Sale Liquor License – Montrose Days Celebration – January 14, 2017

Councilmember Otto moved to approve the consent agenda. Gudvangen seconded. Motion Passed 4-0.

7. CLOSED SESSION Pratt informed that according to Minnesota Statute 13D05 Subd.2(b) the Council has the authority to consider allegations or charges against an individual. He stated that the individual that is the subject of the complaint has requested the meeting to be closed. Gudvangen moved to close the regular meeting and go into closed session. Youmans seconded. Motion passed 4-0 at 7:20 p.m. [Discussion ensued regarding the complaint and any potential discipline.] Youmans moved to open the regular meeting. Johnson seconded. Motion passed 4-0. at 7:30 p.m.

Youmans informed that in the closed session there was no discipline taken against Sylvia Henry, who was the subject of the complaint.

8. TRUTH IN TAXATION PUBLIC HEARING Gudvangen moved to open the public hearing for Truth and Taxation at 7:32 p.m. Johnson seconded. Motion passed 4-0. A video from the League of Minnesota Cities was presented.

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Manson provided an overview of the proposed budget for 2017. She informed that the final levy is the same as the preliminary levy of 10%. She explained that the 10% increase is the dollar amount change from last year, but that with tax capacity changes, it is technically an increase of 2.28% in the tax rate. Manson said that the approximate tax rate is 55.14%. Manson explained that the increase in the budget can be seen in the Capital Improvement Project fund. She informed that staff is proposing the increase in this fund so that future capital projects can be planned and budgeted for. Diercks reviewed several capital improvement projects that need to be completed in the upcoming years. Resident, Bru Ploog, asked why previous councils didn’t save ahead for projects. Diercks informed that the previous Capital Improvement Plan consisted of focusing on paying off existing debt. He said that as the debt is eliminated, the City can plan for new projects. Gudvangen moved to close the public hearing. Johnson seconded. Motion passed 4-0. Gudvangen moved to approve the 2017 final levy and budget as presented. Otto seconded. Motion passed 4-0.

9. WRIGHT COUNTY SHERIFF’S DEPARTMENT

A copy of the Sheriff’s report was made available. A deputy was available in the audience to answer any questions.

10. REPORTS & RECOMMENDATIONS OF CITY DEPARTMENT, CONSULTANTS, COMMISSIONS, AND COMMITTEES A. City Council Monthly Activity Report

Each City Councilmember provided updates with regards to meetings, events, etc. that each attended since the last regular meeting.

B. Fire Department

1. November Activity Report Triplett was available to answer questions about the November Activity Report. Triplett acknowledged City Planner Jo Foust for her assistance throughout the years with Fire Department projects and activities.

2. AED Grant

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Triplett informed that the Fire Department received an Automated External Defibrillator (AED) as part of a grant program though the Shakopee Mdewakanton Sioux community. He informed that the AED was worth $2.250.00.

3. Emergency Management Q&A from Council

Triplett referenced a recent gas outage event in the community with Xcel Energy. He informed that as Emergency Management Director, that through his experience with the event, that it was handled very well. Triplett commended the City staff that came out to help with the event. He said that the response from the community, staff and elected officials was great and that he was impressed. Youmans thanked Scott Johnson with Xcel Energy and the over 100 teams that came to work on the incident. He thanked Public Works Director, Sean Diercks, and Public Works Jason Hilgers for their work. He thanked the Montrose Fire Department. He thanked the residents for their extreme caring, patience and support. Triplett suggested holding an Emergency Management after the next Personnel Committee.

C. Park and Recreation 1. December 5, 2016 Park and Recreation Commission meeting minutes

Park and Recreation Commissioner, Sylvia Henry, was available for questions. She informed that the Park and Recreation Commission would be hosting their Annual Skate Day event on January 28, 2017 from 4:00 – 6:00 p.m. She stated that the Commission voted for new elected officer positions for 2017 and that they would be as follows: Chair – Bru Ploog Vice Chair – Christina Bentfield Secretary – Kirby Moynagh Youmans moved to approve the elected officer positions for the Park and Recreation Commission for 2017. Johnson seconded. Motion passed 4-0. Youmans mentioned that there will be caroling on December 18, 2016 at Veteran’s Park starting at 4:00 p.m.

2. Concession stand proceeds to the Girl Scouts Update Youmans asked Otto for an update on the concession stand proceeds that need to go to the Girls Scouts. Otto said that she is working on it. Youmans said to get the information to McCallum once it is finalized.

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D. Administrative 1. Portable Shower Rental – Regional Park/Army

Diercks informed that as part of the 2017 Regional Park grading project with the US Army 372 ENG BDE Operations Officers, the City is being asked to supply a portable shower. He stated that there will be two separate two-week deployments of approximately 75 people each for the project. Diercks highlighted three bids that he obtained for portable showers. He stated the following:

All American Waste Services, Inc. - $8,500.00 for an 8 stall unit. Pit Stop Event Services - $10,400 for an 8 stall unit. Porta Kleen - $12,950 for a 6 stall unit.

- $13,608 for a 7 stall unit.

Diercks informed that staff and the Park and Recreation Commission are recommending that the Council approve the bid from All American Waste Services, Inc for $8,500.00. Youmans moved to approve the bid from All American Waste Services, Inc. for $8,500.00. Otto Seconded. Motion passed 4-0.

E. Personnel Committee 1. November 21, 2016 Personnel Committee Meeting Minutes Youmans provided a summary for the November 21, 2016 Personnel Committee Meeting Minutes. 2. December 7. 2016 Special Personnel Committee Meeting Minutes

Youmans provided a summary for the December 7, 2016 Personnel Committee Meeting Minutes.

F. Public Works 1. Utility Rate Increase – Sanitary Sewer System – Resolution 2016-35

Diercks presented Resolution 2016-35 to the Council. He recommended an increase of $.10 to the Sanitary Sewer System’s base rate and per thousand rates. He said that there has not been an increase in five years. Otto moved to approve Resolution 2016-35. Gudvangen seconded. Motion passed 4-0. 2. Utility Rate Increase – Water System – Resolution 2016-36

Diercks presented Resolution 2016-36 to the Council. He recommended an increase of $.10 to the Water System’s base rate and per thousand rates. He said that there has not been an increase in five years. Gudvangen moved to approve Resolution 2016-36. Otto seconded. Motion passed 4-0. 3. Increasing Water and Sewer Access Charges – Resolution 2016-37

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Diercks informed that each year, Water and Sewer Access Charges are increased $100 each.

Gudvangen moved to approve Resolution 2016-37. Johnson seconded. Motion passed 4-0.

4. Trunk Highway 25 Improvements (Added)

Kannas informed that the Minnesota Department of Transportation is planning to resurface Trunk Highway 25 from Watertown to Trunk Highway 12 in Montrose during the 2018 construction season. He stated that he has been in discussion with MnDOT since the fall of 2015 on ways to include the construction of a trail or sidewalk along Trunk Highway 25 from where the sidewalk currently ends to 7th Street South (Rockbrook entrance) as part of the project. Kannas said that the City additionally has about 700 feet of 6-inch diameter cast iron watermain that is the original watermain from the 1960’s within the project area. He recommended that this segment of the watermain be replaced with the project. He additionally informed that the City has 800 feet of vitrified clay pipe sanitary sewer from the 1960’s within the project area. Kannas said that due to the material of the pipe, infiltration and age that it is recommended to be replaced as part of the project. Kannas said that MnDOT communicated recently that they believe the only way the inclusion of a trail could be incorporated into the project would be to separate the area from 7th Street South to Trunk Highway 12 into a separate project area and to have the City of Montrose lead that project. He informed that the costs for resurfacing the existing roadway width would be reimbursed to the City by MnDOT. He emphasized that a cooperate agreement between the City of Montrose and State of Minnesota would be prepared to outline rolew3, responsibilities, and cost sharing. He said that by having the City lead this portion of the project, that it provides more flexibility in the schedule of the project, which is important due to the necessary right-of-way acquisitions that will be necessary for the construction of the trail. Kannas explained that he also asked MnDOT for consideration of providing additional funds though their Local Initiative program for the construction of a shoulder, curb and gutter and storm sewer system on the west side of the road which would be required for the construction of the trail. He said that MnDOT requires a formal written request from the City for these funds before they can consider and act on the request. He stated that if the Council is in agreement with pursuing this project further, that he recommends authorizing staff to submit a formal request for Local Initiative Funding to MnDOT. He explained that upon MnDOT’s review and decision of Local Initiative Funding and further consideration of removing this segment from the MnDOT project and making it a City project, staff can prepare a detailed cost estimate for the required City funding portions. Kannas said that staff would then present the cost estimate to the City Council for their consideration of moving forward with the design, right-of-way acquisition, preparation of a cooperative agreement with MnDOT and bidding. Youmans moved to approve submitting a formal request for Local Initiative Funding to MnDOT for the Trunk Highway 25 project. Johnson seconded. Motion passed 4-0.

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There was a break in the meeting at 8:30 p.m.

G. Planning Commission 1. November 16, 2016 Planning Commission Meeting Minutes

Staff was available to answer questions about the November 16, 2016 meeting minutes. 2. City Planner Discussion

McCallum reiterated that the current City Planner, Jo Foust, has accepted a new position and will be leaving the City. She said that at the November 14, 2016 Council meeting, Council asked staff for additional information on potential firms that could fill the position. McCallum informed that many neighboring cities use the companies NAC or Terramark for their planning services. She provided information on three companies and their proposals and rates. McCallum suggested that the Council discuss the provided information and make a decision on hiring a new planning consultant as there is a vacancy and the position needs to be filled. Kannas informed that Bolton and Menk provides planning services and that by hiring them for planning as well, if would offer many efficiencies. He said that the work between departments would be beneficial to the City and that there would be shared project familiarity and the ability to cross-reference. He said that the company offers many areas of specialty. Kannas said that the hourly rate is $100. Diercks suggested working with Bolton and Menk. McCallum informed that she has worked with Terramark in the past and that Mark Kaltsas does a good job. She said that all three companies have positive aspects to them that could benefit the City. Youmans said that NAC’s fees are high. He liked that Bolton and Menk could be efficient. He expressed concern about Terramark only having one employee. Gudvangen moved to approve Bolton and Menk as the City Planner. Youmans seconded. Motion failed 2-2. Johnson and Otto voted against. Otto said that she would like to have an interview with Terramark. The Council directed staff to set up interviews with the planning organizations in a workshop setting.

11. OLD BUSINESS

12. NEW BUSINESS A. Brent Oppegard – Request to hunt on Terning Property.

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McCallum informed that resident, Brent Oppegard, is asking to hunt the Terning Property. She said that Oppegard is requesting approval from the Council. She said that earlier in the year, the Council approved another resident the ability to hunt the land. McCallum stated that Oppegard would have to sign the presented Release and Indemnification Agreement. Diercks stated that Oppegard needs to inform the other hunters of when he will be hunting on site. He also suggested that he let the City know when he will be out hunting as well. Oppegard agreed to both. Otto moved to approve the Release and Indemnification Agreement to allow Oppegard to hunt the Terning property. Johnson seconded. Motion passed 4-0.

B. Request for Council Action – Semi-Tractor/Trailer Parking in Residential Areas McCallum informed that resident, Jason Murphy, located at 107 Hill Street, requested that the Council discuss semi-tractor/trailer parking in residential areas. McCallum stated that the current code does not allow for the parking of semi-tractors/trailers in residential areas and that Murphy has been notified several times to not park at his property. Youmans suggested that the Planning and Zoning Commission have a discussion on the matter. Youmans moved to push the matter to Planning and Zoning for discussion. Gudvangen seconded. Motion passed 4-0. Youmans asked Diercks to follow up with the Council on the impact semis have on residential streets and if there are any streets in town that wouldn’t be impacted.

13. UPCOMING MEETINGS McCallum reported the following upcoming meetings: Personnel Committee Meeting – Monday, December 19, 2016 @ 3:00 p.m. Highway 12 Committee Meeting – Wednesday, December 21, 2016 @ 5:30 p.m. Planning and Zoning Commission Meeting – Wednesday, December 21, 2016 @ 7:00 p.m.

14. OPEN FORUM

15. ACKNOWLEDGEMENTS Otto thanked the Fire Department for all their work related to the gas incident. Otto thanked Deputy Curtis with Wright County Sheriff’s Department for playing basketball with local kids. Youmans thanked Scott Johnson with Xcel Energy for his work related to the gas incident. Youmans thanked Fire Chief Triplett and the Fire Department for their work related to the gas incident. Youmans thanked Public Works Director, Sean Diercks and Public Works, Jason Hilgers for their work related to the gas incident. Youmans thanked the Shakopee Mdewakanton Sioux community for their AED grant.

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Youmans thanked staff and extended staff for their support during his term as mayor. Youmans thanked Doug Voerding and the citizens of Montrose for their support during his term as mayor. Gudvangen thanked Youmans for his work during his term as mayor. Diercks thanked Jo Foust for her work as City Planner stating that she was very valuable to the City.

16. ADJOURNMENT

Gudvangen moved to adjourn the meeting at 8:57 p.m. Otto seconded. Motion passed 4-0.

_____________________________

Michelle Otto, Mayor

_____________________________

Margaret McCallum, City Clerk/Treasurer

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ACCOUNTS PAYABLE LIST

DECEMBER 31, 2016

Payroll 12/19/16 Payroll 10970.99 Council Payroll 4th Qtr Payroll 2331.84 Planning & Zoning Payroll Annual Payroll 1339.06 Park & Rec Payroll Annual Payroll 498.69 IRS-Federal Tax Payment 12/19/16 FED/FICA Tax 4379.00 IRS-Federal Tax Payment 12/29/16 FED/FICA Tax 690.82 MN Dept. of Revenue 12/19/16 State Withholding 748.28 PERA 12/19/16 Payroll 2347.69 MN Dept of Revenue Nov. Sales Tax 1494.00 Pivotal Payments Oct. PSN/CC/ACH Fees 1331.17 Wex Bank Gas Charges 248.41 *AFSCME #65 Dec Union Dues 171.00 *Bolton & Menk Engineering Services 3848.43 Businessware Solutions Printer Mtce. 44.14 *Citizens State Bank Dec. H.S.A. Deposit 2050.00 *Colonial Life Ins. Employee Elected Insurance 124.00 Delano Auto Parts Generators Mtce./Canyon Pickup 1924.55 *Econo Signs Neighborhood Watch Signs 76.12 Donna Fredrickson Utility Overpayment Refund 24.54 Grainger WWTP Mtce. 278.28 Hawkins, Inc. WWTP Chemicals 3712.01 Jason Hilgers Winter Apparel-Union Contract 125.00 In-Control Lift Station Scada 14160.00 ISD #877 Comm. Ed. 2016 SPARK 2680.00 *IUOE Local #49 Dec Union Dues 170.00 Klein Heating Comm. Ctr. Furnace Repair 150.00 Katelyn Klinkner Utility Overpayment Refund 35.71 Menards WWTP Clafifiers 99.90 Dan Menzel Winter Apparel-Union Contract 125.00 Midwest Machinery Payloader Mtce. 73.03 Milhausen Auto F-350 Pickup Repair 640.00 Mini Biff Park Biff 51.45 Anthony Muchow Utility Overpayment Refund 160.31 MVTL Labs Water Testing 25.00 MVTL Labs WWTP Testing 253.28 Nystrom Publishing 4th Qtr Newsletter/Postage 1547.92 Omann Bros. Paving Street Patching 13330.00 Paumen Computer Serv Monthly IT/Symantec Renewal 857.05 Pitney Bowes, Inc. Postage Machine Rent 180.00 Randy’s Enviromental Dec. Recycle/Refuse 14151.69 Temple Display Christmas Decorations 5415.71 Total Printing Window Envelopes 315.00

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December 31, 2016 Page 2 Unifirst Uniforms/Floor Mats 158.25 Windstream Telephone Charges 113.30 Wright Cty Treasurer Oct & Nov County Fines 513.29 Wright Cty Auditor 2017 Truth In Tax Notices 235.62 Wright-Hennepin CO-OP Electric Charges 171.79 Xcel Energy Electric & Gas Charges 5045.98 Greg Youmans Mileage Reimbursement 29.48 SUBTOTAL 99446.78 Abdo, Eick & Meyers 2016 Annual Audit 4800.00 Centra Sota Diesel Fuel 1052.77 Culligan City Hall Softener Service 60.40 Gopher State One-Call Water/Sewer Locates 12.15 Grainger WWTP Blower Repairs 192.02 Marie Jenson Janitorial Services 370.00 Madison Nat’l Life Ins. Claim #36790 FICA Tax 183.60 MN Computer Systems Monthly Copier Agreement 273.32 Municipal Develop. Planners Services 712.75 MVTL Labs WWTP Testing 253.28 Clint Nelson Utility Overpayment 55.72 Unifirst Uniforms/Floor Mats 106.60 Varner Mobile Service Plow Truck Tire Repair 156.35 Wright Cty Jrnl Press Legal Notices 98.84 Wright Cty Recorder Recording Legal Documents 230.00 Xcel Energy Electric & Gas Charges 3237.47 TOTAL ACCOUNTS PAYABLE 111242.05 OTTO MCCALLUM MENARD JOHNSON GUDVANGEN KUEHL

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December 31, 2016 Page 3 * Appendix Payments received to offset checks written Payroll Deduction Dec. Union Dues 171.00 Payroll Deduction Dec. H.S.A. 750.00 Payroll Deduction Employee Insurance 124.00 Payroll Deduction Dec. Union Dues 170.00 Source Capital Bolton & Menk Engineering 460.00 Casey’s Bolton & Menk Engineering 560.00 Chuck Smallwood Neightborhood Watch Signs 76.12

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ACCOUNTS PAYABLE LIST

JANUARY 9, 2017

Payroll 1/3/17 Payroll 11313.36 IRS-Federal Tax Payment 1/3/17 FED/FICA Tax 4482.18 MN Dept. of Revenue 1/3/17 State Withholding 774.68 PERA 1/3/17 Payroll 2423.63 MN Dept of Revenue Dec. Sales Tax 1484.00 Avenet, LLC Annual Website Service 3370.00 Bond Trust Services Hwy 25 S/W Lift Station Bond 124962.50 Bond Trust Services 2008 Interceptor Bond 74880.00 Comcast Internet Service 402.66 *Delta Dental Jan Dental Ins. 898.65 Five Technology Jan Web Host 150.00 Health Partners Jan Health Ins. 7950.70 *Madison Nat’l Life Ins Jan Disability Ins. 412.62 MN Public Facility Auth Water Tower/WWTP Bond 32257.14 Safety Train 2017 Safety Training 1500.00 Star2Star Telephone Service 234.93 Duane Swenson 2017 Assessment Fee 7500.00 Unifirst Uniforms/Floor Mats 56.79 U.S. Bank Clementa Ave/Watermain Bond 192343.75 U.S. Bank CSAH 12/Wells/Lift Stat. Bond 327691.25 USAble Life Ins Jan Life iNs. 60.00 Wright Cty Auditor Jan Sheriff Patrol 16911.67 Verizon Wireless Cell Phones 276.88 TOTAL ACCOUNTS PAYABLE 812337.39 OTTO MCCALLUM MENARD JOHNSON GUDVANGEN KUEHL

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January 9, 2017 Page 2 * Appendix Payments received to offset checks written Barbara Swanson Delta Dental Cobra 90.00 Payroll Deduction Jan Disability 412.62

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FIRE DEPARTMENT ACCOUNTS PAYABLE LIST

DECEMBER 31, 2016

*BDS Laundry Systems Turnout Gear Washer 5767.00 *Customized Fire Training FF Training 1500.00 Delano Carquest Grass 11 Mtce. 8.13 M&M Express Sales/Service Equipment Repair 27.14 SYNCB/Amazon Station Supplies 123.09 Volunteer FF Benefit Assn New FF Life Insurance 11.00 Joe Von Thoma Rescue 11 Repairs 14.28 Wex Bank Gas Charges 67.17 *Customized Fire Training FF Training 825.00 Menards Washer Installation 83.12 TOTAL ACCOUNTS PAYABLE 8425.93 OTTO MCCALLUM MENARD JOHNSON GUDVANGEN KUEHL APPENDIX Payments received to offset checks written State Fire Marshall Grant-Washer 5190.30 State Fire Board Training Reimbursement 1500.00 State Fire Board training Reimbursement 825.00

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FIRE DEPARTMENT ACCOUNTS PAYABLE LIST

JANUARY 9, 2017

Comcast Internet Service 77.85 United FF Assn. 2017 Membership Dues 30.00 Verizon Wireless FD IPad 40.01 Volunteer FF Benefit Annual Life Ins. 189.00 TOTAL ACCOUNTS PAYABLE 336.86 OTTO MCCALLUM MENARD JOHNSON GUDVANGEN KUEHL

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01/03/17 7:19 AM

Monthly Adjustments

CITY OF MONTROSEPage 1

AccountTranType

ChargeName

ChargeType Amount Date

01-00001988-00- Adjustment Garbage Tax Surcharge $1.27 12/29/2016

01-00001863-00- Adjustment R Water Service ($57.91) 12/2/2016

00-00002537-00- Adjustment R Water Service $49.63 12/5/2016

01-00003112-00- Adjustment Shut off charge Service $100.00 12/7/2016

00-00002695-02- Adjustment Sewer Collection Service $160.31 12/12/2016

00-00002531-01- Adjustment WWTP Service $24.54 12/13/2016

00-00001988-00- Adjustment Pennies 4 Parks Service ($3.12) 12/20/2016




01-00001988-00- Adjustment Garbage-60 GAL Service $13.00 12/29/2016



01-00001988-00- Adjustment WWTP Service $10.33 12/29/2016

01-00001988-00- Adjustment Recycle-60 Service $2.00 12/29/2016

01-00001988-00- Adjustment Storm Water Service $4.00 12/29/2016


01-00003010-00- Adjustment Garbage- 90 GAL Service ($0.04) 12/29/2016

01-00003010-00- Adjustment Sewer Collection Service ($0.04) 12/29/2016

01-00003010-00- Adjustment WWTP Service ($0.05) 12/29/2016

01-00003010-00- Adjustment Storm Water Service ($0.01) 12/29/2016


$350.19

(((Type="Adjustment"))) AND ((Date Between [enter start date] And [enter stop date]))

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Monthly Activity Report Montrose Fire Department

Prepared and Presented by Kevin Triplett – Fire Chief

Period: 12/01/2016 thru 12/31/2016 (DECEMBER)

CALLS Total Calls: 23 # of Calls December 2015 EMS Calls: 16 17 (+6) Other Calls: 12/25/2016 – Machinery Shed Fire - $250,000 loss (Woodland Twsp) 12/16/2016 – Mutual aid to Watertown Fire Dept – Hay barn fire (Franklin T) 12/14/2016 – Cooking Fire – no damage/loss – Woodland Twsp) 12/13/2016 – Mutual aid to Delano Fire Dept – Garage Fire (Franklin T) 12/11/2016 – Snowmobile Accident (Marysville Twsp) 12/08/2016 – Mutual aid to Waverly Fire – Motor vehicle crash (Marysville T) 12/06/2016 – Standby @ Station for gas outage incident

Total calls to Date 2016 – 223 2015 (+5) Total calls this time in 2015 - 218 Call Districts

Montrose City: 13 Woodland Township: 2 Franklin Township: 2 Marysville Township: 6 Other: 0

TRAINING: 12/03/2016 – MFRA Calendar Hand Out 12/06/2016 – Meeting/Truck Maintenance 12/20/2016 – SCBA Mask Fit testing & Physicals

Other Activities, Special Mention, Etc. 12/03/2016 – Winsted parade (Joe Von Thoma) 12/09/2016 – Cub Scouts visit station 12/12/2016 – AED Grant from Mdewakanton Souix Community 12/27/2016 – FE+ED Program – Use of Fire Station

SPECIAL INFO New hires, Jessica Binkley & Terry Vanderbeek official start date 12/12/2016 Gear/washer extractor delivered by BDS Laundry Acknowledgments

- Firefighters who responded to a structure fire on Christmas Day @ 1:30am (68% turnout of all staff) - Wright County Highway Department – salting Highway 25 during structure fire on 12/25/2016 - Delano Fire Department & Watertown Fire Department – Mutual aid assistance during structure fire on 12/25/2016 - Stephen Berg & Xcel Energy for help and assistance during gas outage on 12/6/2016 - 2016 Captains – Mike Marketon, Craig Otto, Tom Weineck – help throughout 2016 - Assistant Fire Chief Matt Menard – help throughout 2016 - All Firefighters throughout the year for responding to all calls and trainings - Greg Youmans – Service as mayor and assistance with various fire department activities and projects - James Casari – operationally off of probation 12/20/2016 - Ryan Lazenby – officially off of probation 12/20/2016 - Joseph Von Thoma – officially of probation 12/20/2016 - Mdewakanton Souix Community – AED Grant 21

Made by Page 1 of 8

Montrose Monthly Report 2016 Printed on January 3, 2017

Incident Start Date/Time Initial Call CFS # Final Incident Case Number How Reported

911 Hang-up Total: 412/14/16 16:51 911 Hang-up 2016087556 911

12/15/16 15:08 911 Hang-up 2016087745 911

12/27/16 00:34 911 Hang-up 2016090751 911

12/29/16 19:58 911 Hang-up 2016091480 911

911 Open Line Total: 412/01/16 04:31 911 Open Line 2016084003 911

12/04/16 00:05 911 Open Line 2016084839 911

12/10/16 15:56 911 Open Line 2016086561 911

12/24/16 23:22 911 Open Line 2016090306 911

Agency Assist Total: 512/07/16 16:16 Agency Assist 2016085795 Agency Assist WCSOP16034917 Phone

12/11/16 08:49 Agency Assist 2016086738 Agency Assist WCSOP16035296 Phone

12/22/16 15:45 Agency Assist 2016089631 Warrant - Arrest WCSOP16036486 Phone



Alarm Total: 112/25/16 19:37 Alarm 2016090445 Alarm WCSOP16036749 Phone

Animal Total: 612/09/16 22:39 Animal 2016086401 Phone

12/10/16 13:34 Animal 2016086533 Phone

12/13/16 07:25 Animal 2016087157 Phone

12/13/16 18:35 Animal 2016087314 Phone

12/13/16 19:21 Animal 2016087325 Animal WCSOP16035534 Phone

12/24/16 00:44 Animal 2016090072 Phone

Check Welfare Total: 512/01/16 20:11 Check Welfare 2016084227 Check Welfare WCSOP16034343 Phone

12/10/16 13:36 Check Welfare 2016086534 Check Welfare WCSOP16035194 Phone

12/12/16 18:01 Check Welfare 2016087034 Medical - Psychiatric - WCSOP16035422 Phone



Citizen Aid Total: 212/06/16 17:28 Citizen Aid 2016085556 Phone

12/07/16 05:46 Citizen Aid 2016085686 Citizen Aid WCSOP16034868 Phone

Civil Complaint Total: 6

22

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12/06/16 16:18 Civil Complaint 2016085539 Civil Complaint WCSOP16034821 Phone





12/30/16 08:10 Civil Complaint 2016091598 Civil Child Custody WCSOP16037151 Phone

Civil Process Total: 3012/01/16 10:59 Civil Process 2016084062 Officer

12/01/16 11:04 Civil Process 2016084063 Officer





























Commercial General Alarm Total: 212/07/16 23:20 Commercial General 2016085911 Commercial General Alarm WCSOP16034951 Phone

12/12/16 08:17 Commercial General 2016086922 Commercial General Alarm WCSOP16035380 Phone

Criminal Damage to Property Total: 212/13/16 22:26 Criminal Damage to 2016087376 Criminal Damage to Property WCSOP16035549 Phone

12/18/16 10:58 Criminal Damage to 2016088494 Snowmobile Complaint WCSOP16036055

Domestic Disturbance Total: 14

23

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12/01/16 18:16 Domestic Disturbance 2016084191 Suspicious - Person - Vehicle WCSOP16034328 911

12/01/16 20:22 Domestic Disturbance 2016084233 Domestic Disturbance WCSOP16034344 911



12/13/16 11:49 Domestic Disturbance 2016087209 Domestic Disturbance WCSOP16035490 Phone










Drugs Total: 312/10/16 20:26 Drugs 2016086622 Drugs WCSOP16035229 Phone

12/22/16 18:17 Drugs 2016089681 Drugs WCSOP16036502 Phone

12/31/16 12:27 Drugs 2016091933 Drugs WCSOP16037265 Phone

Found Body Total: 112/11/16 10:31 Found Body 2016086755 Death Investigation - Natural WCSOP16035305 911

Fraud - Forgery Total: 112/19/16 15:33 Fraud - Forgery 2016088789 Fraud - Forgery WCSOP16036192 Phone

Fraud - Internet Total: 112/05/16 11:52 Fraud - Internet 2016085189 Fraud - Internet WCSOP16034698 Phone

Info Total: 112/29/16 16:44 Info 2016091425 Phone

Juvenile - Complaint Total: 112/13/16 16:24 Juvenile - Complaint 2016087278 Juvenile - Complaint WCSOP16035514 911

Lost - Found Property Total: 112/14/16 09:03 Lost - Found Property 2016087474 Lost - Found Property WCSOP16035607

Medical - Abdominal Pain Total: 112/17/16 12:50 Medical - Abdominal 2016088260 Medical - Abdominal Pain WCSOP16035947 Phone

Medical - Breathing Problems Total: 212/09/16 05:04 Medical - Breathing 2016086182 Medical - Breathing Problems WCSOP16035060 911

12/13/16 00:38 Medical - Breathing 2016087117 Medical - Breathing Problems WCSOP16035442 Phone

Medical - Chest Pain Total: 112/12/16 01:58 Medical - Chest Pain 2016086886 Medical - Chest Pain WCSOP16035359 911

Medical - Childbirth - Obstetrics Total: 112/09/16 10:49 Medical - Childbirth - 2016086236 Medical - Childbirth - ObstetricsWCSOP16035082 Phone

24

Made by Page 4 of 8


Medical - Diabetic Total: 112/29/16 17:07 Medical - Diabetic 2016091432 Medical - Diabetic WCSOP16037103 Phone

Medical - Fall Under 6 Feet Total: 212/04/16 17:05 Medical - Fall Under 6 2016084990 Medical - Fall Under 6 Feet WCSOP16034614 Phone

12/24/16 10:49 Medical - Fall Under 6 2016090133 Medical - Fall Under 6 Feet WCSOP16036643 Officer

Medical - Sick Total: 312/12/16 15:26 Medical - Sick 2016086989 Medical - Sick WCSOP16035405 911

12/28/16 08:25 Medical - Sick 2016091041 Medical - Sick WCSOP16036964 911

12/28/16 14:21 Medical - Sick 2016091127 Medical - Sick WCSOP16036988 911

Medical - Unknown Total: 112/10/16 22:53 Medical - Unknown 2016086656 Medical - Unknown WCSOP16035239 911

MVA - Hit & Run Total: 112/19/16 06:00 MVA - Hit & Run 2016088665

MVA - No Injuries Total: 112/21/16 12:01 MVA - No Injuries 2016089296 MVA - No Injuries WCSOP16036365

Noise Total: 412/02/16 23:49 Noise 2016084520 Noise WCSOP16034465 911

12/04/16 00:06 Noise 2016084840 Noise WCSOP16034563

12/04/16 03:14 Noise 2016084869 Noise WCSOP16034577 911

12/20/16 15:46 Noise 2016089058 Noise WCSOP16036296 911

Open Door - Window Total: 112/24/16 21:11 Open Door - Window 2016090274 Open Door - Window WCSOP16036693

Parking Total: 112/11/16 14:32 Parking 2016086777 Parking WCSOP16035318 Phone

Phone Call Total: 212/06/16 20:20 Phone Call 2016085606 Other

12/22/16 09:39 Phone Call 2016089554 Other

POR Check Total: 112/30/16 09:10 POR Check 2016091618 Officer

Repossession Total: 112/13/16 14:01 Repossession 2016087237

Residential General Alarm Total: 112/25/16 19:12 Residential General 2016090441 Residential General Alarm WCSOP16036745 Phone

SIA Area Watch Total: 2212/02/16 19:38 SIA Area Watch 2016084471

12/03/16 01:26 SIA Area Watch 2016084537

12/03/16 21:50 SIA Area Watch 2016084797

12/04/16 19:45 SIA Area Watch 2016085026

25

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12/07/16 00:34 SIA Area Watch 2016085659

12/10/16 22:41 SIA Area Watch 2016086652

12/12/16 11:40 SIA Area Watch 2016086952

12/13/16 21:42 SIA Area Watch 2016087361

12/14/16 19:34 SIA Area Watch 2016087584

12/14/16 22:59 SIA Area Watch 2016087626

12/18/16 11:07 SIA Area Watch 2016088497

12/18/16 22:25 SIA Area Watch 2016088618

12/19/16 00:09 SIA Area Watch 2016088624

12/19/16 21:52 SIA Area Watch 2016088891

12/22/16 19:25 SIA Area Watch 2016089696

12/23/16 21:48 SIA Area Watch 2016090029

12/24/16 02:07 SIA Area Watch 2016090090

12/28/16 12:42 SIA Area Watch 2016091096

12/28/16 21:34 SIA Area Watch 2016091229

12/29/16 19:52 SIA Area Watch 2016091478

12/30/16 05:15 SIA Area Watch 2016091577

12/30/16 19:11 SIA Area Watch 2016091771

SIA Business Walk Through Total: 2412/01/16 12:21 SIA Business Walk 2016084080

12/02/16 10:39 SIA Business Walk 2016084350























SIA Door Check Total: 512/06/16 21:05 SIA Door Check 2016085618

26

Made by Page 6 of 8


12/10/16 13:21 SIA Door Check 2016086530

12/15/16 22:48 SIA Door Check 2016087862

12/18/16 00:23 SIA Door Check 2016088417

12/18/16 11:20 SIA Door Check 2016088498

SIA Parks Total: 2312/01/16 11:39 SIA Parks 2016084071

12/05/16 19:49 SIA Parks 2016085331

12/06/16 13:56 SIA Parks 2016085493

12/06/16 19:34 SIA Parks 2016085593

12/07/16 21:47 SIA Parks 2016085888

12/08/16 12:46 SIA Parks 2016086007

12/08/16 20:55 SIA Parks 2016086112

12/10/16 02:12 SIA Parks 2016086450

12/10/16 21:23 SIA Parks 2016086636

12/11/16 22:30 SIA Parks 2016086862

12/15/16 20:22 SIA Parks 2016087825

12/16/16 12:54 SIA Parks 2016087988

12/16/16 20:55 SIA Parks 2016088098

12/17/16 20:41 SIA Parks 2016088373

12/19/16 19:38 SIA Parks 2016088857

12/23/16 20:37 SIA Parks 2016090010

12/23/16 23:08 SIA Parks 2016090046

12/24/16 20:04 SIA Parks 2016090260

12/25/16 21:52 SIA Parks 2016090469 Officer

12/26/16 20:01 SIA Parks 2016090703

12/27/16 19:50 SIA Parks 2016090948

12/28/16 19:20 SIA Parks 2016091194

12/31/16 00:38 SIA Parks 2016091860 Officer

SIA School Check Total: 312/18/16 10:48 SIA School Check 2016088491

12/22/16 07:24 SIA School Check 2016089521

12/27/16 13:41 SIA School Check 2016090865

Snowbird Total: 112/14/16 01:31 Snowbird 2016087405 Snowbird WCSOP16035565

Suspicious - Circumstances Total: 512/08/16 13:02 Suspicious - 2016086011 Suspicious - Circumstances WCSOP16034994 Phone

12/13/16 16:12 Suspicious - 2016087272 Open Door - Window WCSOP16035512 Phone

12/19/16 13:16 Suspicious - 2016088750 Suspicious - Circumstances WCSOP16036170 Phone



Suspicious - Person - Vehicle Total: 712/01/16 17:38 Suspicious - Person - 2016084176 Suspicious - Person - Vehicle WCSOP16034323 911

12/03/16 15:48 Suspicious - Person - 2016084670 Suspicious - Person - Vehicle WCSOP16034519 Phone


27

Made by Page 7 of 8




12/28/16 22:09 Suspicious - Person - 2016091240 Drugs WCSOP16037026 Phone


Theft Total: 312/22/16 00:05 Theft 2016089460 Theft WCSOP16036421 Phone

12/27/16 08:28 Theft; Assault 2016090795 Civil Complaint WCSOP16036878 Phone

12/29/16 08:20 Theft 2016091322 Theft WCSOP16037050 Phone

Traffic - Complaint Total: 712/03/16 18:34 Traffic - Complaint 2016084727 Traffic - Complaint WCSOP16034528 911

12/05/16 17:44 Traffic - Complaint 2016085297 Phone

12/10/16 00:28 Traffic - Complaint 2016086421 Traffic - Complaint WCSOP16035140 Phone



12/22/16 07:03 Traffic - Complaint 2016089516 Stoparm Violation WCSOP16036440 Phone


Traffic Stop Total: 3812/01/16 19:38 Traffic Stop 2016084221 Officer

12/02/16 18:28 Traffic Stop 2016084456 Officer


12/04/16 18:57 Traffic Stop 2016085016 Traffic Stop WCSOP16034626 Officer

























28

Made by Page 8 of 8












Trespass Total: 112/11/16 23:13 Trespass 2016086867 Trespass WCSOP16035354 911

Warrant - Attempt Total: 512/13/16 00:10 Warrant - Attempt 2016087111 Warrant - Attempt WCSOP16035530 Officer

12/16/16 01:21 Warrant - Attempt 2016087882

12/26/16 13:49 Warrant - Attempt 2016090611 Officer



Total Records: 259

29

h:\mtrs\w13106805\1_corres\b_to others\2017-01-05 106805 city cncl park shelter design memo.docx

MEMORANDUM

Date: January 5, 2017

To: Honorable Mayor Michelle Otto and Members of the City Council

City of Montrose, Minnesota

From: Justin Kannas, P.E.

City Engineer

Subject: Regional Park – Warming House, Restrooms & Picnic Shelter Building

City of Montrose

Project No.: W13.106805

A grant is available through the DNR to construct a combined facility including a picnic shelter, restrooms and a hockey warming house. The maximum grant amount is $150,000 and must include a minimum 50% match from the City of Montrose. In kind labor provided by the City of Montrose can also be used towards the 50% match. The deadline to submit a preliminary application for DNR review is March 3, 2017. The final application deadline is March 31, 2017. Construction could occur in either the 2018 or 2019 construction season. As part of the grant submittal requirements, a preliminary floor plan, two elevation views and a detailed construction cost estimate must be included with the grant submittal. The estimated costs to complete a preliminary design and develop a preliminary floor plan, two elevations views and a construction cost estimate is about $5,000. We would team with Brunton Architects to complete this preliminary design work. We have met with the Parks Commission in December and January to review design concepts and define principal uses of a proposed park shelter. The Parks Commission has agreed upon a design concept based upon the attached shelter design from a previous project. The park shelter would not look exactly like the attached figures, but would have some similarities. The following parameters have been agreed upon by the Parks Commission:

• A warming house would be included on the hockey rink side of the building with a window looking out to the hockey rink

• The warming house size would be about 17’x24’

• Possibly include an option of splitting the warming house into 2 small rooms with a divider in the middle

• Bathrooms would include 2 stalls for the women’s bathroom and 1 stall and 1 urinal for the men’s bathroom. Each bathroom would include 1 sink.

• Bathrooms will include fully private stalls (down to floor with the stalls that have the no view cracks)

• Picnic shelter size to be as shown on the attached (9 tables)

• Include the upgraded split rock/ brick facade – possibly include as an add/alternate bid item if the project proceeds to bidding

32

Honorable Mayor Michelle Otto and Members of the City Council January 5, 2017 Page 2

• A site plan is attached showing a 50’x80’ building pad for the location of the shelter. Exact location and orientation may need to be adjusted during preliminary and final design.

At the January 2, 2017 meeting, the Parks Commission recommended to the City Council proceeding with the preliminary design, preliminary floor plan, two elevations views and construction cost estimate at an estimated cost of $5,000. If the City Council wishes to proceed, I recommend that you authorize us to proceed with the above mentioned work. Please feel free to contact me if you have any questions.

JLK/jk

33

FLOOR PLAN

100' - 0"

SECOND FLOOR

110' - 0"

HIGH BRNG

121' - 6"

FLOOR PLAN

100' - 0"

SECOND FLOOR

110' - 0"

HIGH BRNG

121' - 6"

PARK SHELTER

1/8" = 1'-0"2

EAST ELEVATION

1/8" = 1'-0"3

NORTH ELEVATION

34

60

' -

0"

PARKING

44' - 0"

72 PEOPLE

MECH.

PARK SHELTER

1/16" = 1'-0"1

FLOOR PLAN

35

SHEETDATEBYREV.

DATELIC. NO.

DESIGNED

DRAWN

CHECKED

JLK

KBW

JJH

OVERALL SITE PLAN

CITY OF MONTROSE, MINNESOTA

1ROLLING MEADOWS REGIONAL PARKJUSTIN KANNAS

07/25/201645055CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BAXTER, MN ROCHESTER, MN

MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN WILLMAR, MN

AMES, IA SPENCER, IA DES MOINES, IA FARGO, ND

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME ORUNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTA.

© Bolton & Menk, Inc. 2014, All Rights ReservedH:\MTRS\W13106805\C3D\106805_OVERALL SITE LAYOUT.dwg

FEETSCALE

0 12060HORZ.

PRIVATE PROPERTY

ARAPAHOE LANE

ASPEN LAN

E

CSAH 12 (BUFFALO AVE N)

DRAINAGE DITCH

DRAINAGE DITCH

STORMPOND

PROPERTY LINE

PROPERTYLINE

SOFTBALL FIELD

BASEBALL FIELD

PLAYGROUND AREA

PAVILLION

BASKETBALLCOURT

TENNIS COURTS

PICNIC/RESTROOMS/WARMING HOUSE SHELTER

PLAYGROUND

EXISTING HOCKEYRINK/SOCCER/FOOTBALL FIELDS

EXISTING SOCCER/FOOTBALL FIELDS

DOGPARK

EXISTINGSANITARYSEWERLIFTSTATION

PARKINGLOT

135 STALL PARKING LOT

KEYSTON

E LANE

36

justinka

Cloud

CITY OF MONTROSE COUNTY OF WRIGHT

STATE OF MINNESOTA

RESOLUTION ACCEPTING DONATIONS

RESOLUTION 2017-01

WHEREAS, the City of Montrose is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth to the city in 2016: Name of Donor Amount Montrose Lions $500.00 KimberLee Wagner 20.00 Lloyd Johnson 100.00 WHEREAS, the City Council finds it appropriate to accept the donations offered. NOW THEREFORE, BE IT RESOLVED; that the donations listed above are accepted and shall be used to benefit the citizens of Montrose as allowed by law. Adopted this 9th day of January, 2017 by the City Council of the City of Montrose. Signed: ________________________________ Michelle Otto, Mayor Attest: ____________________________________ Margaret McCallum, City Clerk/Treasurer

39


STATE OF MINNESOTA

A RESOLUTION AMENDING THE 2016 BUDGET

RESOLUTION 2017-02

Whereas, the City of Montrose allows for the amendment of the City’s annual budget by the City Council, provided the amendment so made does not cause total appropriations to exceed the estimated revenue and cash fund balances, Now Therefore, Be It Resolved by the City Council of the City of Montrose, Minnesota, that this amendment to the 2016 budget, as attached, be applied to the appropriations and estimated revenue accounts of the City’s funds. Adopted by the City Council this 9th day of January, 2017. Signed: ____________________________________ Michelle Otto, Mayor ATTEST: __________________________________ Margaret McCallum City Clerk/Treasurer See Exhibit A dated January 9, 2017

40

EXHIBIT A

January 9, 2017

2016 BUDGET AMENDMENTS

Fund Amendments Explanation Reimbursement Council 101-41110-433 + 3,390.00 2016-17 LMC Membership Dues From Fund Balance Treasurer 101-41510-133 + 1,048.80 Dental-Swanson Cobra From Cobra Payment 101-41510-207 + 5,615.75 Backup Server Damage & From Insurance Claim Main Server Drive Failure 101-41510-301 + 7,500.00 Compensation Study From Health Insurance 101-41510-131 - 7,500.00 Trfr to Auditing for Wage Study 101-41510-350 + 5,330.55 Newsletter Printing From Fund Balance Legal Services 101-41600-304 - 4,200.00 Trfr to Legal Labor Negotiations 101-41610-304 + 4,200.00 Labor Negotiations From Legal Services Planning & Zoning 101-41910-302 + 16,600.00 Planners Fees From P&Z Wages, Health Ins. & Fund Balance 101-41910-303 + 1,900.00 Engineering Fees From Fund Balance 101-41910-304 + 2,700.00 Legal Fees From Fund Balance 101-41910-101 - 3,500.00 Trfr to Planners Fees

41

Buildings & Grounds 101-41940-401 + 3,500.00 City Hall Siding/Doors FromFund Balance-Prev Yr Budget Public Works 101-43100-222 + 13,500.00 Plow Truck Repair From General Fund Balance 101-43100-303 + 7,190.00 Engineering Fees-CIP & General From General Fund Balance 101-43100-530 + 9,806.00 Crosswalk Signal From School Reimbursement & General Fund Balance 101-43100-530 + 5,415.00 Christmas Lights From Gas & Oil 101-43100-212 - 5,415.00 Trfr to Improvements for Lights 101-43100-540 + 2,289.00 JD 1600 Lawnmower From Motor Vehicles 101-43100-212 - 2,289.00 Trfr to Heavy Machinery Fire Dept. 220-42220-323 + 7,422.00 New Pagers From Fund Balance-Prev Yr Budget & Motorola Rebate 220-42220-580 + 5,767.00 Turnout Gear Washer From State Grant 402-41940-520 + 5,000.00 Fire Station Expansion Study From Fund Balance Park & Recreation 230-45100-221 + 2,000.00 Lawnmower Repairs From Chemicals 230-45100-216 - 2,000.00 Trfr to Equipment Repairs 230-45100-401 + 1,228.00 Park Shelter Electric Upgrade From Imp Other Than Bldgs 230-45100-530 - 1,228.00 Trfr to Building Mtce. 230-45100-540 + 5,000.00 JD 1600 Lawnmower From Motor Vehicles 230-45100-550 - 5,000.00 Trfr to Heavy Machinery Park & Rec Develop, 235-45100-303 + 16,650.00 Greenway Corridor-Engineering From Fund Balance

42

235-45100-304 + 1,850.00 Greenway Corridor-Legal From Fund Balance EDA 275-46500-340 + 1,865.00 Preserve Advertising From Fund Balance 275-46500-700 + 5,200.00 To General Fund for Wages From Wage Fund 275-46500-101 - 5,200.00 To Transfer Fund for Wages 280-46500-450 + 7,500.00 Milhausen Matching Grant From MIF Fund Community Center 290-41940-401 + 2,256.00 Community Center Fire From Insurance Claim Water Fund 601-49350-303 + 8,500.00 Wells/Wellhouse CIP From System Repair 601-49350-227 - 8,500.00 Trfr to Engineering for CIP Sewer Fund 602-49350-227 + 8,000.00 Lemmerman Lift SCADA System From Fund Balance-Prev. Yr Budget Garbage Fund 603-49350-319 + 7,625.00 Recycle Charge From Refuse Account 603-49350-320 - 7,625.00 Trfr to Recycle Account Wastewater Plant 605-49350-227 + 30,040.00 System Repair-Lightening Strike From Insurance Claim 605-49350-227 + 14928.00 Biosolids Mixer Replacement From Fund Balance

43


STATE OF MINNESOTA

RESOLUTION NO. 2017-03

A RESOLUTION AUTHORIZING A CHANGE TO BANK CARD SIGNATURE CARDS WHEREAS, Banking Standards require all changes to signature cards be submitted in writing; and WHEREAS, the City of Montrose has had a change in administration; and NOW THEREFORE BE IT RESOLVED By the City Council of Montrose, Minnesota, that Margaret McCallum, Michelle Otto, Melissa Gudvangen and Sean Diercks be signers on the City Accounts (General Checking Account, EDA Accounts and Money Market) and that Margaret McCallum and Wendy Manson be able to make deposits and transfers. Adopted by the Montrose City Council on January 9, 2017 Signed: ___________________________________ Michelle Otto, Mayor Attest: ____________________________________________ Margaret McCallum City Clerk/Treasurer

44

PERSONNEL COMMITTEE MEETING MINUTES

Mayor Greg Youmans Council member Jill Menard Council member Lloyd Johnson Fire Chief Kevin Triplett Public Works Director Sean Diercks City Clerk/Treasurer Margaret McCallum

The meeting was called to order on December 19, 2016, at 3:00 PM

Youmans, Menard, Johnson, Triplett, Diercks McCallum were present. Absent: None.

1. Approve November 21, 2016 Personnel Committee Meeting Minutes Menard moved to approve the November 21, 2016 Personnel Committee Meeting Minutes. Johnson seconded. Motion passed 6-0.

2. Performance Review Documentation McCallum stated that at the last meeting, the Committee reviewed new performance review documentation for annual reviews. She informed that she was asked to make some edits to the document and bring in back to the Committee for further review. McCallum presented the updated Compensation and Wage Administration Policy and Performance Review documentation. Additional comments and suggested changes were presented by the Committee.

3. 2017 Captain Positions Triplett informed that he and Assistant Fire Chief, Matt Menard, reviewed applications for 2017 captain positions. He stated that they decided to reappoint Tom Weineck and Craig Otto as captains again. He said that Kelly Stohl was also appointed into a captain position.

4. Probationary Firefighter Reviews Triplett explained that there were three probationary firefighters up for review. He informed that probationary firefighter, Ryan Lazenby, was reviewed and a recommendation has been made to be taken off probation and deemed a non-probationary firefighter.

45

He informed that probationary firefighter, Joe Von Thoma, was reviewed and a recommendation has been made to be taken off probation and deemed a non-probationary firefighter. He informed that probationary firefighter, James Casari, was reviewed and a recommendation has been made to extend the probationary period an additional six months.

5. Emergency Management Discussion Triplett reviewed a recent incident with Xcel Energy and the City of Montrose natural gas system. He said that as the Director of the City’s Emergency Operations Center (EOC), he monitored and controlled the situation, especially on social media. He informed that he was asked why not all staff and Council were called to participate in the EOC. Diercks informed that it was an Xcel Energy disaster, not a city disaster. Triplett stated that even if it was a City emergency, it wouldn’t require a response from all staff and Council. He said that an EOC is better as a small organized group and functions more efficiently. Triplett explained that this incident involved a response from a small group and that it worked well. Triplett said that in response to the gas incident, 18 places started shelters for residents to go to. He stated that the intent was great, nonetheless, in the future discussion needs to be had on focusing resources on one or two locations, as 18 is hard to manage. He informed that the City should also not have the shelter within the City, but within a neighboring City. He said he is looking at ways to implement the shelter initiation process in the future.

6. Other Business Diercks provided some documentation to the Committee regarding the Capital Improvement Plan financial feasibility. Menard moved to adjourn the meeting at 4:20 p.m. Triplett seconded. Motion passed 6-0.

46

MONTROSE PLANNING COMMISSION MINUTES December 21, 2016 7:00 PM

Montrose Community Center

200 Center Avenue South Montrose, MN 55363

1. CALL TO ORDER

a. Roll Call

Pursuant to call and notice, the Montrose Planning and Zoning Commission met in regular session on Wednesday, December 21, 2016. Those present were Chair Cory DeWitte, Commissioners Sylvia Henry, Chuck Smallwood, Catherine Neiberger, Kurt Andersen, and Tracy Gurneau. Also present were Council Liaison Lloyd Johnson, City Clerk/Treasurer Margaret McCallum and City Planner, Jo Foust. Absent: None. The meeting was called to order at 7:05 p.m. by DeWitte.


Commissioner Smallwood moved to approve the agenda. Commissioner Gurneau seconded. Motion passed 6-0.

3. APPROVAL OF MINUTES

a. November 16, 2016 Planning Commission Minutes

Commissioner Henry moved to approve the November 16, 2016 minutes. Commissioner Smallwood seconded. Motion passed 6-0.

4. PUBLIC HEARINGS

a. Zoning Ordinance Amendment – Institutional District, Parks as a Permitted Use.

The meeting was closed and the public hearing was opened at 7:06 p.m.

47

Foust informed that the Planning Commission was asked to conduct a public hearing to amend Section 1082-2 of the Zoning Ordinance, Permitted Uses in the Institutional District, to include E. Parks, playgrounds and athletic fields. She said that currently within the Institutional District, parks, playgrounds and athletic fields are allowed as an accessory use to a permitted use. She stated that they are also allowed as a Conditional Use (following a public hearing), provided conditions are met. Foust highlighted the following permitted principal uses within the Institutional District that require no public hearing:

A. Governmental or public related utilities, buildings or structures necessary for the health, safety, and general welfare of the City.

B. Pre-school, elementary, junior or senior high schools having a regular course of study accredited by the State of Minnesota.

C. Publicly owned civic or cultural buildings, such as libraries, city offices, auditoriums, public administration buildings or historical developments.

D. Religious institutions, such as churches, chapels, temples and synagogues. She said that parks, playgrounds and athletic fields do not appear to be ant more intense of a use than that current permitted uses in the Institutional District. Foust states that within the R-1, R-2, R-3, R-4, and R-B Districts, “Public parks, playgrounds, recreational uses and directly related buildings and structures.” Are permitted uses. Foust said that the Regional Park within the Rolling Meadows Greenway Corridor is within the Institutional District and that staff is recommending that the Zoning Ordinance be amended to allow parks, playgrounds, and athletic fields as a permitted use in institutional districts, similar to the residential districts. The meeting was opened and the public hearing was closed at 7:09 p.m. Gurneau moved to approve and recommend to Council the amendment to Section 1082-2.E. to include Parks, Playgrounds and Athletic Fields. Henry Seconded. Motion passed 6-0.

b. Zoning Ordinance Amendment – Institutional District, Temporary Storage Units as an Accessory Use.

The regular meeting was closed and the public hearing was opened at 7:11 p.m.

Foust informed that the Planning Commission is being asked to conduct a public hearing to accept input on an amendment to Section 1002: Definitions, to include a definition for “Temporary Storage Unit”’ and an amendment to Section 1082-3, Permitted Accessory Uses in the Institutional District, to allow Temporary Storage Units as an accessory use, provided conditions are met.

She stated that Chapter 1002, Definitions currently defines “Temporary Structure” as a structure not permanently erected on a site with a foundation that is used for emergency purposes or

48

used on a construction site for offices and equipment storage during construction of a permanent structure.

Foust said that there has been a request that Temporary Storage Units be allows as a permitted long-term use in the Institutional District. She stated that it is important to differentiate between the Temporary Structure and Temporary Storage Unit, as one may be used as a temporary principal use and other only as an accessory use.

She proposed the following definition:

“Temporary Storage Units”: are transportable units designed and used primarily for storage of building materials and/or equipment. Temporary Storage Units may be used as long-term accessory structures in the Institutional District; provided the conditions in Section1082-3 are met.

Foust said that the Planning Commission is also being asked to accept input on an amendment to Chapter 1082, Institutional District, Section 1082-3, Permitted Accessory Uses, to include the following as an allowable use:

H. Temporary Storage Units as a permanent accessory structure to an institutional use provided:

1. The storage unit be located in a required or side or rear yard setback, where it is not visible from adjacent roadways or properties;

2. The storage unit be placed on an impervious surface or Class 5 gravel, as approved by the City Engineer, to control weeds;

3. The exterior of the storage unit is similar in material and color to the principal structure, in accordance with Section1018-5; and

4. Water and sewer utilities should not be extended to the structure. Electric service may be extended to the structure in accordance with the Minnesota State Electric Code.

The public hearing was closed and the regular meeting opened at 7:13 p.m.

DeWitte moved to approve the amendments to Section 1002: Definitions and Section1082-3 Permitted Accessory Uses in the Institutional District. Henry seconded. Motion passed 6-0.

5. NEW BUSINESS a. Rental Housing Ordinance McCallum informed that the Planning Commission was to receive information and have a discussion on a potential Rental Housing Ordinance for the City of Montrose. She said that the purpose of a Rental Housing Ordinance would be to provide minimum standards to safeguard the health and the public welfare of the residents of rental properties by regulating and controlling the use, occupancy, maintenance and repair of rental buildings and structures.

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McCallum said additionally registration of rental units would assist the City in identifying where rental units exist, inspection of the units would compel landlords to correct violations and properly maintain rental properties within the City, and it would ensure that rental housing is safe and sanitary and is operated and maintained as to not become a nuisance to the neighborhood or create a disincentive to reinvest in the community. McCallum provided an example ordinance from the City of Hanover. She stated that if the City is interested in drafting such ordinance, that staff would have to further determine which items would be inspected, the cost of implementation, and the frequency of inspections. She said that the City’s current building inspector, MetroWest Inspections, would perform the inspections. McCallum recommended that if an ordinance is written that registration and inspection fees be established to cover the cost of administering the ordinance. She informed that at the November 14, 2016 meeting, the City Council directed staff to send this item to the Planning Commission for discussion and review. Neiberger asked who brought this to the Council’s attention as a suggestion. Smallwood said that he did. Neiberger said that a Rental Ordinance is a complex issue and that it would be “opening up a can of worms”. DeWitte stated that he thought it would be a good idea to draft something because at this time the City cannot do any enforcement of rental properties that are being managed poorly. He said that it would be irresponsible for the City to continue to allow for rental homes that are out of compliance and that landlords need to be held accountable. Foust explained that ordinances vary between communities in what is inspected, regulated and registered. She said that it is a life-safety issue. She said it allows the City to know where units are in town and the ability to inspect and implement safety controls. Neiberger asked how the City would know all the rental properties in town. Foust said that the City would ask for registration of rental properties, nonetheless, that not everyone will comply with the registration process. She stated that the City can only do its best to locate as many as possible. Gurneau asked is fines would be issued to those properties that fail the inspection and if they have a certain amount of time to comply. Foust stated yes. Neiberger said that by writing the ordinance, the City is asking for investors to invade the community.

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DeWitte said that there are investors already in the community, citing specifically Renters Warehouse. Neiberger informed that there are landlord/tenant statutes and that the City shouldn’t get involved in that. Gurneau asked what the next step in the process would be. Foust recommended getting sample ordinances from additional cities to review and pull information from to create the City’s own ordinance. Neiberger said that the ordinance would likely not get executed properly. Henry said she would like to see additional information presented to the Commission. DeWitte moved to direct staff to gather additional information on the Rental Housing Ordinance and bring it back to the Commission for review. Gurneau seconded. Motion passed 6-0. b. Annual Review of CUPs & IUPs Foust informed that on an annual basis, the Planning Commission reviews properties with Conditional Use Permits and Interim Use Permits to verify compliance with conditions. She listed the properties that will be inspected over the next month. She said that if items are found to be out of compliance, that staff will contact the property owners and/or businesses and identify a plan to bring the site into compliance. She asked that the Commission considered extending this to the January meeting as there is a change is staff. DeWitte moved to table the item of Annual Review of CUPs and IUPs to January’s meeting. Henry Seconded. Motion passed 6-0. c. 2016 Annual Report of Planning Commission Activities Foust reviewed a written report of the Planning Commission’s activities for 2016. She said that it is useful to review and track trends in building construction, issuances of variances, Conditional Use Permits, Interim Use Permits, and Zoning Ordinance Text Amendments. Jo thanked the Commission for serving. Gurneau moved to recommend that the annual report be forwarded to the City Council for review. Henry Seconded. Motion passed 6-0.

6. UNFINISHED BUSINESS a. Comprehensive Plan Update – Transportation and Utilities Foust reviewed the Transportation and Utilities Section of the Comprehensive Plan.

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6. MISCELLANEOUS a. Semi-Truck Parking

McCallum informed that the Council recommended that the Planning Commission discuss allowing Semi-tractors and trailers to park in residential districts. She said that there is a resident asking for a possible code amendment to allow such. The consensus of the Commission was not to allow parking of semi-tractors/trailers in residential districts.

b. Commissioner Terms

McCallum said that this item would be addressed at the January meeting.

c. Next Meeting – January 18, 2017 at 7:00 p.m. Chair, Cory DeWitte, informed that he would be resigning as Chair of the Planning Commission starting in 2017. He said that he has been on the Commission for 12 years and that is has been a pleasure to serve. DeWitte stated that the Commission has done a lot of good things over the years for the betterment of the community. McCallum thanked Cory for his service on the Commission.

7. ADJOURNMENT

Henry moved to adjourn the meeting at 8:30 p.m. Smallwood Seconded. Motion passed 6-0. Prepared By: Margaret McCallum, City Clerk/Treasurer _____________________________________ Margaret McCallum City Clerk/Treasurer ______________________________________ Cory DeWitte Commission Chair

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DATE: December 30, 2016 MEMO TO: Mayor Otto & Members of the City Council FROM: Jo Foust, Planning Consultant AGENDA ITEM: Annual Report of the Planning Commission

Enclosed please find a report of Planning Commission’s activities for 2016. While this is not a requirement, many communities find this useful in tracking trends in building construction, issuance of variances, Conditional Use Permits, Interim Use Permits and Zoning Ordinance text amendments.

The Planning Commission reviewed the annual report at their December 21, 2016 meeting and requested it be forwarded to the City Council for your information.

ACTION A MOTION to accept the 2016 Annual Report of the Planning Commission is in order.

If you have any questions relating to this report, please feel free to contact me at: [email protected] or call 952-758-7399.

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mailto:[email protected]

Montrose Planning Commission 2016 Annual Report

Planning Commissioners serving the City of Montrose in 2016 included: Chairperson Cory DeWitte, Vice Chairperson Chuck Smallwood, Catherine Neiberger, Sylvia Henry, Kurt Andersen, Tracy Gurneau and Council liaison Lloyd Johnson. Staff: Maggie McCallum, City Clerk/Treasurer and Jo Foust, Consulting Planner.

Meetings: The Planning Commission met on a monthly basis, or twelve (12) times in 2016. The Commission also met in two workshop sessions for the AUAR and Comprehensive Plan Visioning Session.

Activities: The following activities were completed by the Planning Commission:

• A conditional use permit was reviewed for 371 Center Avenue South for a Ministry Center, as a part of House of Grace.

• A variance from off-street parking requirements was recommended for 371 Center Avenue South, for the Ministry Center.

• A rezoning request was approved for 405 Nelson Boulevard, changing the site, and an adjacent lot from B-1, Central Business District, to B-2 Highway Commercial District.

• A conditional use permit was granted, and amended, for an automobile sales lot at 405 Nelson Boulevard (Milhausen Auto).

• An amendment to the conditional use permit for 601 Nelson Boulevard, was approved for automobile sales (Donahue).

• The Planned Unit Development for Forest Creek (Lots 1-26 and 29-32, Block 1) was amended to allow attached or detached townhomes to be constructed.

• A request to amend the B-2 Zoning District, to allow mini-storage as a conditional use, was denied.

• The Temporary Medical Housing legislation was reviewed with the Planning Commission recommending the City Opt Out of the legislation. The Commission discussed alternative accessory dwelling unit language, with the topic tabled.

• A Preliminary and Final Plat were approved for Rolling Meadows Greenway Corridor (regional park area).

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• Amendments were recommended to the Zoning Ordinance for definitions, off-street parking, the inclusion of parks as a permitted use in the Institutional District and Temporary Storage Units as an accessory use in the Institutional District.

• A conditional use permit was granted for a new Casey’s store at 175 Nelson Boulevard. • A variance was granted for signage at the new Casey’s store at 175 Nelson Boulevard. • The site and building plans were approved for the new Casey’s store at 175 Nelson Boulevard. • The Planning Commission began the update of the Comprehensive Plan, with a community

survey and community Visioning Session. The Commission reviewed the Introduction, Natural Resources, Demographics, Housing, Public Facilities, Economic Development, Utilities and Transportation Chapters of the Comprehensive Plan. The Commission will continue with Parks and Recreation, Land Use and Implementation in January, 2017.

New construction. While the Planning Commission did not take action on building permits, this report assists in tracking new residential construction activity:

• Six (6) new residential homes were constructed in 2016, compared to 12 in 2015.

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DATE: December 30, 2016 TO: Mayor Otto & Memos of the City Council

FROM: Jo Foust, MDG, LLC. AGENDA ITEM: Ordinance Amending Section 1082-2 of the Zoning Ordinance to Allow

Parks as a Permitted Use in the Institutional District Request: The City Council is asked to take action on a recommendation from the Planning Commission to amend Section 1082-2 of the Zoning Ordinance, Permitted Uses in the Institutional District, to include E. Parks, playgrounds and athletics fields. Background: Within the Institutional District, Parks, playgrounds and athletic fields are allowed as an accessory use to a Permitted Use. They are also allowed as a Conditional Use (following a public hearing), provided the following conditions are met:

1. The site is landscaped. 2. The use is available to the “public.” 3. The land area of the property containing such use or activity meets the minimum established for the district. 4. The use meets the minimum setback requirements for principal structures. 5. The site accesses on a minor arterial.

The following are Permitted Principal Uses within the Institutional District (with no public hearing required):

A. Governmental or public regulated utilities, buildings or structures necessary for the health, safety, and general welfare of the City. B. Pre-school, elementary, junior or senior high schools having a regular course of study accredited by the State of Minnesota. C. Publicly owned civic or cultural buildings, such as libraries, city offices, auditoriums, public administration buildings and historical developments. D. Religious institutions, such as churches, chapels, temples and synagogues.

Parks, playgrounds and athletic fields do not appear to be any more intense of a use than the above, Permitted Uses in the Institutional District. In addition, within the R-1, R-2, R-3, R-4, and R-B Districts, “Public parks, playgrounds, recreational

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uses, and directly related buildings and structures.” are permitted uses. The regional park proposed for Rolling Meadows Greenway Corridor plat is within an Institutional District. Recommendation: The Planning Commission conducted a public hearing at their December 21, 2016 meeting. No one spoke to the topic. Following the hearing, the Planning Commission recommended unanimously that the Zoning Ordinance be amended to allow Parks, playgrounds and athletic fields as a permitted use in Institutional Districts, similar to the residential districts. Action: The Planning Commission is asked to take action on the enclosed Ordinance Amending Section 1082-2 E. to include Parks, playgrounds and athletic fields as a permitted use in the Institutional District.

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CITY OF MONTROSE ORDINANCE #2017-1

AN ORDINANCE AMENDING THE CHAPTER 1082, SECTION 1082-2 OF THE ZONING

ORDINANCE OF THE CITY OF MONTROSE CITY CODE, RELATING TO PARKS, PLAYGROUNDS AND ATHLETIC FIELDS IN THE INSTITUTIONAL DISTRICT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE THAT THE FOLLOWING CHAPTERS AND SECTIONS OF THE ZONING ORDINANCE ARE AMENDED TO READ AS FOLLOWS:

Chapter 1082, Institutional District:

Section 1082-2, Permitted Uses in the Institutional District, to include: E. Parks, playgrounds and athletics fields.

Section 1082-3, Permitted Accessory Uses is amended to remove:

E. Parks, playgrounds, and athletic fields. EFFECTIVE DATE. This Ordinance shall become effective following its publication in the official newspaper of the City. ORDAINED by the City Council of the City of Montrose, Wright County, Minnesota this 9th day of January, 2017. ___________________________ Michelle Otto, Mayor ATTEST: Moved by: Seconded by: ___________________________ Margaret McCallum, City Clerk Published:

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DATE: December 30, 2016 TO: Mayor Otto and Members of the City Council

FROM: Jo Foust, MDG, LLC. AGENDA ITEM: Ordinance Amending Section 1002 Definitions and Section 1082-3

Permitted Accessory Uses in the Institutional District Re: temporary structures

Request: The City Council is asked to take action on a proposed Ordinance which:

1. Amends Section 1002: Definitions, to include a definition for “Temporary Storage Unit”; and 2. Amends Section 1082-3, Permitted Accessory Uses in the Institutional District, to allow

Temporary Storage Units as an accessory use, provided conditions are met.

Background: Chapter 1002, Definitions currently defines “Temporary Structure” as “TEMPORARY STRUCTURE: A structure not permanently erected on a site with a foundation that is used for emergency purposes or used on a construction site for offices and equipment storage during construction of a permanent structure.” Public Works Director Sean Diercks requested the Planning Commission review these regulations and consider an amendment to allow the use of a temporary storage unit as an accessory structure, by the Wastewater Treatment Plant, which is in the Institutional District. Below is a photo illustrating what the Temporary Storage Unit looks like.

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It has been requested that Temporary Storage Units be allowed as a permitted long-term use in the Institutional District. As a result, it is important to differentiate between the Temporary Structure and Temporary Storage unit, as one may be used as a temporary principal use, and the other only as an accessory use. The following definition is proposed:

“Temporary Storage Units” Temporary (or portable) storage units are transportable units designed and used primarily for storage of building materials and/or equipment. Temporary Storage Units may be used as long-term accessory structures in the Institutional District; provided the conditions in Section 1082-3 are met.”

The City Council is also asked to consider an amendment to Chapter 1082, Institutional District, Section 1082-3, Permitted Accessory Uses, to include the following as an allowable use:

H. Temporary Storage Units as a permanent accessory structure to an institutional use provided: (1) The storage unit be located in a required side or rear yard setback, where it is not visible

from adjacent roadways or properties; (2) The storage unit be placed on an impervious surface or class V gravel, as approved by the

City Engineer, to control weeds; (3) The exterior of the storage unit is similar in material and color to the principal structure, in

accordance with Section 1018-5; and (4) Water and sewer utilities shall not be extended to the structure. Electric service may be

extended to the structure in accordance with the Minnesota State Electric Code.

Section 1018-5: EXTERIOR BUILDING STANDARDS, referenced above, requires: Architectural details for accessory buildings are to be the same or similar as for the principal building based upon (but not limited to) the following criteria: A. Scale and detailing. B. Roof pitch orientation and slope. C. Overhang depth and details. D. Window and exterior door proportion and types. E. Building material. F. Exterior color.

Recommendation: The Planning Commission conducted a public hearing at their December 21, 2016 meeting, following published notice in the official newspaper. No one spoke to the proposed change. The Planning Commission has unanimously recommended approval.

Action: The City Council is asked to take action on the proposed Zoning Ordinance amendments to define Temporary Storage Units and amend the code to allow them in the Institutional District, as an accessory use. Enclosed is an Ordinance for consideration.

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CITY OF MONTROSE ORDINANCE #2017-2

AN ORDINANCE AMENDING THE CHAPTERS 1002, SECTION 1002-2 DEFINITIONS AND CHAPTER 1082, SECTION 1082-3 OF THE ZONING ORDINANCE OF THE CITY

OF MONTROSE CITY CODE, RELATING TO TEMPORARY STORAGE UNITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE THAT THE FOLLOWING CHAPTERS AND SECTIONS OF THE ZONING ORDINANCE ARE AMENDED TO READ AS FOLLOWS: Chapter 1002, Section 1002-2. Definitions, is hereby amended to include:

The term “Temporary (or portable) Storage Units” shall storage units are transportable units designed and used primarily for storage of building materials and/or equipment. Temporary Storage Units may be used as long-term accessory structures in the Institutional District; provided the conditions in Section 1082-3 are met.”

Chapter 1082, Institutional District, Section 1082-3, Permitted Accessory Uses, is hereby amended to include the following as an allowable use:

H. Temporary Storage Units as a permanent accessory structure to an institutional use provided: (1) The storage unit be located in a required side or rear yard setback, where it is not

visible from adjacent roadways or properties; (2) The storage unit be placed on an impervious surface or class V gravel, as approved

by the City Engineer, to control weeds; (3) The exterior of the storage unit is similar in material and color to the principal

structure, in accordance with Section 1018-5; and (4) Water and sewer utilities shall not be extended to the structure. Electric service may

be extended to the structure in accordance with the Minnesota State Electric Code.

EFFECTIVE DATE. This Ordinance shall become effective following its publication in the official newspaper of the City. ORDAINED by the City Council of the City of Montrose, Wright County, Minnesota this 9th day of January, 2017. ___________________________ Michelle Otto, Mayor ATTEST: Moved by: Seconded by: ___________________________ Margaret McCallum, City Clerk Published:

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/CITY OF MONTROSE COUNTY OF WRIGHT

STATE OF MINNESOTA

ORDINANCE 2017-03

AN ORDINANCE SETTING VARIOUS DEVELOPMENT AND ADMINISTRATIVE FEES

THE CITY COUNCIL OF THE CITY OF MONTROSE ORDAINS: A. The following development and administrative related fees are hereby established in the City of Montrose, effective January 1, 2016:

CITY OF MONTROSE 2017 FEES, PERMITS & FINES

Effective January 1, 2017 Administrative Utility Animal License (bi-annual) ........... 15.00 Sewer Access Charge ................. 5100.00 Neutered .......................... 12.00 Water Access Charge ................. 2300.00 Animal Fines .......... 1st offense ..... 30.00 Water Disconnect Charge .......... 50.00 Subsequent add ............... 20.00 Water Reconnection Charge ...... 50.00 Boarding ......................... 20.00 Meter Testing Fee ...................... 50.00 Excavation Permit/Small Utility 150.00 Meter Repair Fine-if not fixed in Sign Permit ................................... 50.00 30 days plus $1.00 per day ......... 50.00 NSF Check Service Fee ............... 30.00 Water Meter Purchase ................ 235.00 Fax – per page .. U.S. only ........... 1.00 Water Rate .....$5.10 base plus ... Notary…………………………… 1.00 Tier 1 - 0-5,999 ……………. 5.10/1,000 gallons Special Assessment Search …….. 20.00 Tier 2 – 6,000-11,999 ………5.61/1,000 gallons Copy of City Code ……………… 25.00 Tier 3 – 12,000 and above ….6.17/1,000 gallons Copy of Zoning Ordinance……… 25.00 Outside City Limits.......... 10.00/1000 gallons Copy of Subdivision Ordinance…. 15.00 Bulk Water Users first 2000 gal. 22.00 Copy of Comprehensive Plan…… 25.00 Over 2000 gal. ............. 10.00/1000 gallons Charitable Gambling Permit……. 100.00 Sewer Rate .....$3.95 base plus ... 5.10/1000 gallons Consultants not at City Request WW Plant Rate .. $6.05base plus.. 5.05/1000 gallons At their per hour rate Non Metered Sewer Service …………. Special Council Meeting ………. 600.00 based on 12,000 gals at Rate plus base City Personnel ..Public Works…. 100.00/hr Storm Water Fee ………………… 4.00 Administration… 50.00/hr Late Payment Penalty (utilities) .. 5% of balance Meter back plate replacement 10.00 Copies – Black & White ………. .25/copy Garbage Copies – Color …………………. 2.00/copy 30 gallon per month .................... 9.00 Copies – CD’s…………………... 5.00 60 gallon per month .................... 13.00 Park Facility Reservation………. FREE 90 gallon per month ……………. 17.00 With Electricity……….. 25.00 Recycling per month …………… 2.00 Recycling Bin to purchase …….. 5.00

Garbage Stickers ………………. 3.00

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Administrative Permits Planning & Zoning General………………………… 50.00 Special Meeting by Request .......... 500.00 Fireworks …Inside Sales……… 50.00 Rezoning & Zoning......................... 300.00* Outside Sales…… 250.00 Conditional Use ........................... 500.00* Amusement Centers & devices… 100.00 Zoning Ordinance Amendment.... 300.00* ….over 4 machines add……….. 5.00 Comp. Plan Amendment.......... 300.00* Junkyard or junk business…….. 1000.00 Subdivision minor......................... 200.00* Pawnbroker…………………… 500.00 Subdivision .. preliminary plat ..... 300.00* Secondhand Goods Dealer ….. 500.00 final plat ................. 300.00 Multiple (pawn & secondhand.. 1000.00 cost per lot ………. 5.00 Pawn/Secondhand Investigation.. 750.00 Site Plan Review (no written report) 200.00 Adult Use License……………… 1600.00 Street/Alley vacation ……………. 500.00* Adult Use Investigation ………. 1600.00 (plus legal fees) (See Ordinance) Park Dedication fee ……………… Driveway Inspection Engineer…. $50.00 Residential -10% land and/or $1600.00 per unit Fire Department Commercial – 10% land and/or $3000.00 per acre Emergency calls………………. 300.00 Industrial – 10% land and/or $2000.00 per acre Accident Reports …………….. 50.00 TIF Plan Modification ………… All Costs* Major Incident Fee ……….. Variance … residential …………. 300.00* First 6 hours - $300.00 per vehicle commercial & indus. 300.00* After 6 hours - $7.00/hour per Appeals …………………………… 100.00 Firefighter on scene or on standby Concept Plan Review…………….. 500.00 Fire Inspection Fees…… (does not include a written report) Under 2,000 Sq Ft………… 100.00 Planned Unit Development ……… 300.00 2,000 -5,000 Sq Ft………… 200.00 Interim Use Permit ………………. 500.00* Over 5,000 Sq Ft………….. 300.00 City Code Amendment …………. 500.00* Trunk Area Charge Development Fees Sewer … per acre……………. 3000.00 Annexation** ……………………. All Costs* Water … per acre …………… 875.00 Administrative Fees …………… Storm Water … per acre……. 800.00 1% of construction costs Legal Fees ……. 1% of construction costs Community Center AUAR Fee…..per acre…………. 200.00 Friday & Saturday Rental………. 300.00 Sunday – Thursday Rental ……… 125.00/5 hrs Building Permits City Fees Over 5 hours ………………… 25.00/hr Landscape Escrow …………….. 1500.00 Damage Deposit ………………… 300.00 Erosion Control Fee …………… 125.00 (Cash or Money Order) Assessor Fee …………………… 25.00 Montrose Churches……………… 50.00 Grading Fee ……………………. 70.00 Grading Escrow ……………….. 1500.00 Liquor Licenses Driveway Escrow …………….. 2500.00 On-Sale………………………….. 3900.00 (Independent Contractors Only) Off-Sale ………………………… 100.00 Building Permit Fee Schedule .. See Attached Sunday …………………………. 200.00 Club …………………………….. 100.00 Fence Permit Special 3 day On-Sale ………….. 25.00 Fence Permit Fee ……………….. 15.00 Wine/Strong Beer ……………… 700.00 3.2 Liquor/Beer – On-Sale……… 100.00 Off-Sale……… 5.00 Temporary…… 5.00 Set-Up License ………………….. 300.00 Liquor Violations 1st Violation ..over 3 year period….200.00 training for liquor sales and proof of training

* Escrow deposit needed. Escrow amounts may vary from $500 to $2500 depending on the project and involvement by the consulting planner, city engineer and legal counsel.

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2nd Violation ..over 3 year period… 500.00 training for liquor sales and proof of training 3rd Violation ..over 3 year period…1000.00 training for liquor sales and proof of training loss of license for one month 4th Violation ..over 3 year period…. Revocation B. The following Building Permit Inspection and Fees schedule issued under the Minnesota State Building Code, based on valuation, as set out on Exhibit A to this ordinance, which is incorporated herein, are hereby established in the City of Montrose, effective January 1, 2006.

**Annexation Unimproved land: $250 per acre. Improved land: the greater of (i) $300 or (ii) five times the amount of taxes to be collected by the Township on the property in the year of annexation.

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Montrose

Building Permit Fee Schedule

Total Valuation

Fees

$1.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,000.00 and up

$20.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 $50.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $252.00 fir the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to an including $500,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof

Fixed Permit Fees 1. Fireplace……………………………………………………………………………$50.00 2. Re-siding………………………………………………………………………… $50.00 3. Reroof………………………………………………………………………………$50.00 4. Fence (Over 6’ In Height)………………………………………………………….$50.00 5. Demolition………………………………………………………………………… $50.00 6. Plumbing Fee

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Residential…………………………………………………………..$5.00 per fixture 7. Mechanical Fee Residential…………………………………………………………$25.00 per unit 8. Window Replacement……………………………………………………………….$50.00 9. Mobile Home Install…………………………………………………………………$50.00 10. Water Softener Install………………………………………………………………$15.00 11. Retaining Walls (Over 4’ In Height)……………………………………………….$50.00 Other Fees 1. Inspections outside normal business hours………………………………………….$45.00 per hour ( minimum charge – 2 hours) 2.Reinspection Fee…………………………………………………………………… $45.00 3.Investigation fee shall be equal to building permit fee 4. Mechanical fee for commercial shall be base on valuation 5. Plumbing fee for commercial shall be based on valuation 6. Plan review fee shall be 65% of permit fee for both residential and commercial Fee Refunds Refund requests must be submitted in writing by permit applicant before any work has started. Applicant shall be responsible for 100% of plan review fee, all other fees shall be refunded.

C. Should any section, subdivision, fee, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. D. The fees set out in this ordinance shall be effective beginning January 1, 2016. PASSED, ADOPTED AND APPROVED by the Montrose City Council, Wright County, Minnesota this 11th day of January 2016. SIGNED_______________________________ Greg Youmans, Mayor

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ATTEST: _______________________________ Margaret McCallum City Clerk/Treasurer

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2017 APPOINTMENTS

Acting Mayor: Lloyd Johnson Board of Adjustment: Members: Council: Michelle Otto Alternate: P & Z: Chuck Smallwood Public: Doug Voerding Chamber of Commerce Representative: (1) Michelle Otto Alternate: Jill Menard Community Education Representative: (1) Michelle Otto Economic Development Authority: City Council EMERGENCY MANAGEMENT Emergency Management Director: Fire Chief Assistant Emergency Management Director(s): Assistant Fire Chief/Fire Department Captains Mayor Acting Mayor City Clerk/Treasurer Public Works Director Fire Department Chief: Kevin Triplett Fire Department Liaison: (1) Ben Kuehl Alternate Liaison Jill Menard Park & Recreation Liaison: (1) Michelle Otto Alternate Liaison: Lloyd Johnson Staff Coordinator: Sean Diercks Members: (7) Bru Ploog Sylvia Henry Christina Bentfield Personnel Committee: Members: Council Member Michelle Otto Council Member Jill Menard Public Works Director Sean Diercks

City Clerk/Treasurer Margaret McCallum Fire Chief Kevin Triplett

Planning & Zoning Liaison: (1) Lloyd Johnson Alternate Liaison: Melissa Gudvangen Planner: TBD

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Staff Coordinator: Margaret McCallum Members: (5) Kurt Andersen Tracy Gurneau

Charles Smallwood Catherine Neiberger Sylvia Henry

Finance Committee: (2) Ben Kuehl Melissa Gudvangen Wendy Manson Margaret McCallum (alt) Utility Emergency Board: Michelle Otto Sean Diercks Montrose Days Liaison: (1) Jill Menard Melissa Gudvangen (alt) Wright County Area Transportation: Lloyd Johnson Alternate: Wendy Manson Official Depositories: Citizens State Bank of Waverly Klein Bank Wells Fargo of Buffalo Crow River State Bank State Bank of Delano Elk River State Bank LMC 4M Fund Northland Security Official Newspaper: Wright County Journal Press City Meetings: Park & Recreation C Hall 1st Monday 5:30pm Economic Development Authority C Hall 3rd Tuesday 6:00pm (Bi-Monthly: January 17, March 21, May 16, July 18, September 19, November 21) Council Com Ctr 2nd Monday 7:00pm Planning & Zoning Com Ctr 3rd Wednesday 7:00pm Finance Committee (quarterly) C Hall 4th Thursday 9:00am (Quarterly: Jan, April, July, Oct) Personnel Committee C Hall 3rd Monday 3:00pm Highway 12 Committee (quarterly) C Hall 3rd Wednesday 5:00pm (Quarterly: March 16, June 15, September 21, December 21)

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AMENDMENT TO LEASE AGREEMENT

This Amendment to Lease Agreement (this “Amendment”) is made effective as of the latter signature date hereof (the “Effective Date”) by and between CITY OF MONTROSE MN (“Landlord”) and VERIZON WIRELESS (VAW) LLC (“Tenant”) (Landlord and Tenant being collectively referred to herein as the “Parties”).

RECITALS

WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”); and

WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain SITE LEASE AGREEMENT dated August 2, 2000 (as the same may have been amended, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and

WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein; and

WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein.

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Ten Thousand and No/100 Dollars ($10,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant’s receipt of this Amendment executed by Landlord, on or before January 31, 2017; (b) Tenant’s confirmation that Landlord’s statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord’s ownership; (c) Tenant’s receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or this Amendment and without giving effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal options contained in the Lease (each an “Existing Renewal Term” and, collectively, the “Existing Renewal Terms”), the Lease is otherwise scheduled to expire on July 31, 2025. In addition to any Existing Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the Lease for each of eight (8) additional five (5) year renewal terms (each a “New Renewal Term” and, collectively, the “New Renewal Terms”). Notwithstanding anything to the contrary contained in the Lease, (a) all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease at least

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sixty (60) days prior to the commencement of the next Renewal Term (as defined below) and (b) Landlord shall be able to terminate this Lease only in the event of a material default by Tenant, which default is not cured within sixty (60) days of Tenant’s receipt of written notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a material default within sixty (60) days of Tenant’s actual receipt of notice thereof and reasonably requires additional time beyond the sixty (60) day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the sixty [60] day cure period) to effect the cure. References in this Amendment to “Renewal Term” shall refer, collectively, to the Existing Renewal Term(s) and the New Renewal Term(s). The Landlord hereby agrees to execute and return to Tenant an original Memorandum of Lease in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof (the “Memorandum”) executed by Landlord, together with any applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to Landlord.

3. Rent and Escalation. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the Lease (the “Rent”) shall continue in full force and effect through the New Renewal Term(s). Notwithstanding anything to the contrary contained in the Lease, all Rent and any other payments expressly required to be paid by Tenant to Landlord under the Lease and this Amendment shall be paid to CITY OF MONTROSE MN. Additionally, for each sub-lease entered into between the Tenant and a sub-tenant of the Leased Premises during the term of the Lease, the Tenant shall share sub-lease revenue with the Landlord, in the amount of Two Hundred and No/100 Dollars per month ($200.00), per sub-lease. This additional amount shall remain as a level payment through the remainder of the Lease.

4. Landlord and Tenant Acknowledgments. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. The Parties hereby agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from Landlord for any of Tenant’s activities at and uses of the site prior to the Effective Date, including subleasing to American Tower, Landlord’s execution of this Amendment is and shall be considered consent to and approval of all such activities and uses and confirmation that no additional consideration is owed to Landlord for such activities and uses. Landlord hereby acknowledges and agrees that Tenant shall not need consent or approval from, or to provide notice to, Landlord for any future activities at or uses of the Leased Premises, including, without limitation, subleasing and licensing to additional customers, installing, modifying, repairing, or replacing improvements within the Leased Premises, and/or assigning all or any portion of Tenant’s interest in this Lease, as modified by this Amendment. Tenant and Tenant’s sublessees and customers shall have vehicular (specifically including truck) and pedestrian access to the Leased Premises from a public right of way on a 24 hours per day, 7 days per week basis, together with utilities services to the Leased Premises from a public right of way. Upon request by Tenant and at Tenant’s sole cost and expense, Landlord hereby agrees to promptly execute and return to Tenant building permits, zoning applications and other forms and documents, including a memorandum of lease, as required for the use of the Leased Premises by Tenant and/or Tenant’s customers, licensees, and sublessees. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment.

5. Limited Right of First Refusal. Notwithstanding anything to the contrary contained herein, this paragraph shall not apply to any fee simple sale of the Parent Parcel from Landlord to any prospective purchaser that is not a Third Party Competitor (as herein defined) or to American Tower. If Landlord receives an offer or desires to offer to: (i) sell or convey any interest (including, but not limited to, leaseholds or easements) in any real property of which the Leased Premises is a part to any person or entity directly or indirectly engaged in the business of owning, acquiring, operating, managing, investing in or leasing wireless telecommunications infrastructure (any such person or entity, a “Third Party Competitor”) or (ii)

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assign all or any portion of Landlord’s interest in the Lease to a Third Party Competitor (any such offer, the “Offer”), Tenant shall have the right, exercisable in Tenant’s sole and absolute discretion, of first refusal to purchase the real property or other interest being offered by Landlord in connection with the Offer on the same terms and conditions. If Tenant elects, in its sole and absolute discretion, to exercise its right of first refusal as provided herein, Tenant must provide Landlord with notice of its election not later than forty-five (45) days after Tenant receives written notice from Landlord of the Offer. If Tenant elects not to exercise Tenant’s right of first refusal with respect to an Offer as provided herein, Landlord may complete the transaction contemplated in the Offer with the Third Party Competitor on the stated terms and price but with the express condition that such sale is made subject to the terms of the Lease, as modified by this Amendment. Landlord hereby acknowledges and agrees that any sale or conveyance by Landlord in violation of this Section is and shall be deemed to be null and void and of no force and effect. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment. For the avoidance of doubt, American Tower, its affiliates and subsidiaries, shall not be considered a Third Party Competitor and this provision shall not apply to future transactions with American Tower, its affiliates and subsidiaries.

6. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv) Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant’s rights under the Lease, as amended and modified by this Amendment; and (vi) the square footage of the Leased Premises is the greater of Tenant’s existing improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease (and if the existing tower is a guyed tower, then the Leased Premises also consists of 10 feet on both sides of each guy wire and extends 20 feet beyond each guy anchor). The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment.

7. Confidentiality. Subject always to the Minnesota Data Practices Act, Minnesota Statutes, Chapter 13, as amended, and notwithstanding anything to the contrary contained in the Lease or in this Amendment, Landlord agrees and acknowledges that all the terms of this Amendment and the Lease and any information furnished to Landlord by Tenant or American Tower in connection therewith shall be and remain confidential. Except with Landlord’s family, attorney, accountant, broker, lender, a prospective fee simple purchaser of the Parent Parcel, or if otherwise required by law, Landlord shall not disclose any such terms or information without the prior written consent of Tenant. The terms and provisions of this Section shall survive the execution and delivery of this Amendment.

8. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: PO BOX 25 , MONTROSE, MN 55363; to Tenant at: Verizon Wireless, Attn. Network Real Estate, 180 Washington Valley Road, Bedminster, NJ

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07921; with copy to: American Tower, Attn: Land Management, 10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

9. Counterparts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature.

10. Tenant’s Securitization Rights; Estoppel. Landlord hereby consents to the granting by Tenant and/or

American Tower of one or more leasehold mortgages, collateral assignments, liens, and/or other security interests (collectively, a “Security Interest”) in Tenant's (or American Tower’s) interest in this Lease, as amended, and all of Tenant’s (or American Tower’s) property and fixtures attached to and lying within the Leased Premises and further consents to the exercise by Tenant's (or American Tower’s) mortgagee (“Tenant’s Mortgagee”) of its rights to exercise its remedies, including without limitation foreclosure, with respect to any such Security Interest. Landlord shall recognize the holder of any such Security Interest of which Landlord is given prior written notice (any such holder, a “Holder”) as “Tenant” hereunder in the event a Holder succeeds to the interest of Tenant and/or American Tower hereunder by the exercise of such remedies. Landlord further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Tenant, American Tower or Holder.

[SIGNATURES COMMENCE ON FOLLOWING PAGE]

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LANDLORD: [all owners must sign] Signature: _____________________________ Print Name: Michelle Otto Title: Mayor Date: _________________________________

Signature: _____________________________ Print Name: Margaret McCallum Title: City Clerk/Treasurer Date: _________________________________

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

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TENANT: VERIZON WIRELESS (VAW) LLC By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________

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EXHIBIT A

This Exhibit A may be replaced at Tenant’s option as described below

PARENT PARCEL

Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof.

LEASED PREMISES

Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements and, if applicable, easements for guy wires and anchors existing at the time of this Amendment (such guy wire and anchor easements shall be 10 feet on either side of existing guy wires and running 20 feet beyond each guy anchor and may be used by Tenant to access, repair, upgrade, maintain and replace such guy wires, anchors and fencing by Tenant). The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

ACCESS AND UTILITIES

The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant for ingress, egress and utility purposes from the Leased Premises to and from a public right of way.

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EXHIBIT B

FORM OF MEMORANDUM OF LEASE

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MEMORANDUM OF LEASE

This Memorandum of Lease (the “Memorandum”) is entered into on the __________ day of __________________, 201___ by and between CITY OF MONTROSE MN(“Landlord”) and VERIZON WIRELESS (VAW) LLC (“Tenant”). NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A

attached hereto and by this reference made a part hereof (the “Parent Parcel”). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain SITE LEASE AGREEMENT dated August 2, 2000 (as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities and, if applicable, easements for guy wires and guy anchors, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises is also described on Exhibit A.

2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company (“American Tower”), pursuant to which American Tower subleases, manages, operates and maintains, as applicable, the Leased Premises, all as more particularly described therein. In connection with these responsibilities, Tenant has also granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA.

3. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, as amended by that certain Amendment to Lease Agreement between the parties, the final expiration date of the Lease would be July 31, 2065. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the

Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management ATC Site No: 414355 ATC Site Name: Montrose MN Assessor’s Parcel No(s): _______________

State of Minnesota County of WRIGHT

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term of the Lease.

4. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant’s request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease.

5. Right of First Refusal. There is a right of first refusal in the Lease.

6. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.

7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: PO BOX 25 , MONTROSE, MN 55363; to Tenant at: Verizon Wireless, Attn. Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with copy to: American Tower, Attn: Land Management, 10 Presidential Way, Woburn, MA 01801, and also with copy to: Attn Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

8. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so

executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

[SIGNATURES COMMENCE ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.

LANDLORD

Signature: _____________________________ Print Name: Michelle Otto Title: Mayor Date: _________________________________

2 WITNESSES Signature: _____________________________ Print Name: ____________________________ Signature: _____________________________ Print Name: ____________________________

WITNESS AND ACKNOWLEDGEMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State/Commonwealth of Minnesota County of Wright On this ____ day of January, 2017, before me, __________________________ (print name of notary) the undersigned Notary Public, personally appeared Michelle Otto, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Minnesota that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ___________________________________ Notary Public Print Name: _________________________ My commission expires: _______________ [SEAL]

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LANDLORD

Signature: _____________________________ Print Name: Margaret McCallum Title: City Clerk/Treasurer Date: _________________________________

2 WITNESSES Signature: _____________________________ Print Name: ____________________________ Signature: _____________________________ Print Name: ____________________________


A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State/Commonwealth of Minnesota County of Wright On this ____ day of January, 2017, before me, __________________________ (print name of notary) the undersigned Notary Public, personally appeared Margaret McCallum, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Minnesota that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ___________________________________ Notary Public Print Name: _________________________ My commission expires: _______________ [SEAL]

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

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TENANT

VERIZON WIRELESS (VAW) LLC By: ATC Sequoia LLC, a Delaware limited liability company Title: Attorney-in-Fact Signature: _____________________________ Print Name: ____________________________ Title: _________________________________ Date: _________________________________

WITNESS Signature: _____________________________ Print Name: ____________________________ Signature: _____________________________ Print Name: ____________________________


Commonwealth of Massachusetts County of Middlesex On this ____ day of _____________________, 201___, before me, __________________________ the undersigned Notary Public, personally appeared _____________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ___________________________________ Notary Public Print Name: _________________________ My commission expires: _______________ [SEAL]

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EXHIBIT A

This Exhibit A may be replaced at Tenant’s option as described below

PARENT PARCEL

Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof.

LEASED PREMISES

Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements and, if applicable, easements for guy wires and anchors existing at the time of this Amendment (such guy wire and anchor easements shall be 10 feet on either side of existing guy wires and running 20 feet beyond each guy anchor and may be used by Tenant to access, repair, upgrade, maintain and replace such guy wires, anchors and fencing by Tenant). The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

ACCESS AND UTILITIES

The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant for ingress, egress and utility purposes from the Leased Premises to and from a public right of way.

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MEMORANDUM

Equal Opportunity Provider and Employer DATE: January 5, 2017 TO: City Council FROM: Maggie McCallum, City Clerk/Treasurer SUBJECT: Extension of Final Plat – Rolling Meadows Greenway Corridor ACTION TO BE CONSIDERED: The City Council is asked to approve an extension on the Final Plat for the Rolling Meadows Greenway Corridor. FACTS: The City Council approved the Final Plat for Rolling Meadows Greenway Corridor at the August 8, 2016 meeting. According to Section 1106.05 C. of the Subdivision Ordinance, “The developer shall record the plat within ninety (90) days after approval, otherwise the approval of the final plat shall be considered void, unless the developer requests an extension, in writing, and received approval from the City Council”. In this case, the City is the applicant or “developer”. The ninety day period for recording was November 5, 2016. At the November 14, 2016 City Council meeting, an extension was granted until January 20, 2017.

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