CITY COUNCIL – WORK SESSION AGENDA Tuesday, October 15, 2019

5:00 p.m. Lewis Room – Winsted City Hall

Mission Statement

“The City of Winsted will provide services and resources for its citizens and businesses that promote opportunities for a high quality of life, while sustaining a hometown atmosphere.”

I. 5:00 p.m. Call to Order

II. 5:00 p.m. Police Department Vehicle Purchase – 2020 Ford Interceptor Sport Utility Vehicle (SUV)

III. 5:20 p.m. Snow Removal Policy Review* IV. 5:45 p.m. Other*

V. 5:55 p.m. Adjourn

* Denotes no supporting information included in the packet.

Winsted City Hall 201 – 1st St. N.

Winsted, MN 55395 (320) 485-2366

www.winsted.mn.us

~ The Lewis Room is located on the south side of the upper level of Winsted City Hall ~

Agate Black UM N/C -

Medium Titanium Metallic VG N/C -

Oxford White YZ N/C X N/C

Police Interceptor Utility Police Interceptor Utility Interior Color Charcoal Black

Cloth Front Buckets / Vinyl Rear

Front - Unique Heavy-Duty Cloth, Front Bucket

Seats Driver 6-way Power track

(fore/aft.up/down, tilt with manual recline, 2-way 96 N/C X N/C

manual lumbar)

Passenger - 2-way manual track (fore/aft. with

manual recline)

Rear - 35/30/35 Split Vinyl.

Cloth Front Buckets / Cloth Rear

Front - Unique Heavy-Duty Cloth, Front Bucket

Seats Driver 6-way Power track

(fore/aft.up/down, tilt with manual recline, 2-way F6 57.00 -

manual lumbar).

Passenger - 2-way manual track (fore/aft. with

manual recline)

Rear - 35/30/35 Split Cloth

EQUIPMENT GROUP

Interior Upgrade Package

• 1st and 2nd Row Carpet Floor Covering

• Cloth Seats - Rear

• Center Floor Console less shifter w/unique Police console finish plate

• Includes Console and Top Plate with 2 cup holders

• Floor Mats, front and rear (carpeted) 65U 367.00 -

• Deletes the standard console mounting plate (85D)

City of Winsted Snow Removal Maintenance Policy For Streets, Parking Lots, and Walking Surfaces

10/9/2018 Page 1

Snow and Ice Removal Policy 1. Introduction

The City of Winsted, Minnesota, finds that it is in the best interest of the residents for the City to assume basic responsibility for the control of snow and ice on City streets. Reasonable ice and snow control are necessary for routine travel and emergency services. The City will attempt to provide such control in a safe and cost-effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The City will utilize city employees, equipment and in extreme emergency situations, private contractors to provide this service. This policy does not relieve the operator of private vehicles, pedestrians, property owners, residents and all others that may be using public streets, of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing street conditions.

2. Responsibilities It is the responsibility of the Public Works Supervisor to assure compliance with this policy. It is also the responsibility of all personnel operating under the direction of the Public Works Supervisor to comply with this policy. The Public Works Department is responsible for accurate record keeping, which includes inspections, repairs, plowing, and follow-up maintenance records of streets, parking lots, and walking surfaces.

3. Commencement of Operations The Public Works Supervisor or designee will decide when to begin snow or ice control operations. The criteria for that decision includes:

A. Snow accumulation of two (2) inches or more; B. Air and Pavement Temperatures; C. Anti-Icing operations may occur 48 hours in advance of an approaching storm,

anticipated frost or prior to weekends in which forecasts call for some form of precipitation;

D. Drifting of snow that causes problems for travel; E. Icy conditions which seriously affect travel; and F. Time of snowfall in relationship to heavy use of streets (i.e. weekday a.m. and p.m.

commuter periods) G. In coordination with requests made by the Winsted Police Department

Snow and ice control operations are expensive and involve the use of limited personnel and equipment. Consequently, snowplowing operations will not generally be conducted for snowfall of less than one (2) inches. In order to remain cost effective, the Public Works Department will utilize a variety of ice control products and continually monitor the effectiveness, environmental impact and costs of each product applied. The Public Works Supervisor or designee will determine the appropriate combination of chemicals to effectively control ice in the given weather conditions. To assure completion of operations, snow removal and ice control operations may be conducted on a 24 – hour basis, which may result in snow removal equipment being operated in residential areas during the evening, night and early morning hours.

4. Private Snow Removal

No private citizen or business shall remove or plow snow upon any City street or upon any

10/9/2018 Page 2

City-owned facility (Fire Department, Public Works, City Hall and Airport), unless directed to do so by the City of Winsted. Uncoordinated snow plowing by private parties disrupts the snow removal process for the City of Winsted. Individuals or other private parties engaging in this activity are subject to fines and / or criminal prosecution under the Winsted Municipal Code and Minnesota State Statute.

5. Snow Plowing Procedures Snow will be plowed in a manner so as to minimize traffic obstructions. On streets where snow is not being hauled away by truck, the center of the roadway will be plowed first. The snow shall then be pushed from left to right on two-way streets. On one-way streets or where there is a center boulevard, snow may be pushed in either direction. The discharge shall go onto the boulevard area of the street. Depending upon snowfall conditions and duration of the storm, cleanup operations can fluctuate widely. In times of extreme snowfall, streets will not always be able to be completely and immediately cleared of snow. Generally, operations shall continue until all roads are passable. Widening and cleanup operations may continue immediately or on the following working day depending upon conditions and circumstances. Snow on cul-de-sacs will normally be plowed from the center in an attempt to provide the largest turning radius possible for emergency vehicle ingress and egress. Snow removal from the cul-de-sac will only occur when no storage space is available in the cul-de sac area.

6. Snow Removal

The Public Works Supervisor will determine if and when snow will be removed from an area by truck. Such snow removal will occur in areas where there is no room on the boulevard for snow storage and in areas where accumulated piles of snow create a hazardous condition. Generally speaking, this will include all of the downtown area. Snow removal operations will not commence until other snowplowing operations have been completed. Snow removal operations may also be delayed depending upon weather conditions, personnel, and budget availability. The snow will be removed and hauled to a snow storage area. The snow storage area will be located in an area so as to minimize environmental problems or hazards. See attached map for scheduled snow removal areas.

7. Priorities and Schedule of Streets to be Plowed

The City has classified City streets based on the street function, traffic volume and importance to the welfare of the community. Those streets classified as “Priority Routes” will be plowed first. These are high volume routes, which connect major sections of the City and provide access for emergency fire, police, and medical services. The second priority streets are those streets providing access to schools and commercial businesses. The third priority streets are low volume residential streets. The fourth priority areas are City parking lots, trails, and sidewalks.

Priority Areas for Snow Plowing:

1. Fire Station 2. Priority Routes 3. Second Priority Streets 4. Third Priority Streets 5. Fourth Priority areas 6. Airport

10/9/2018 Page 3

During significant and severe storms, the City must be prepared to move personnel and equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be discontinued at any time so resources can be shifted to priority routes.

Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages.

8. Downtown Gutters (as designated): The City will regularly monitor the accumulation of snow and ice in the gutters. As needed, the City will remove excess snow from the gutter system. On warmer days, including weekends and holidays, the City will assess opportunities to remove slush and snow build up in the gutter system. Due to parking and traffic during the business day, and weather and pavement temperatures, this work will occur at varying times. In addition, the City will control ice in parking areas and along the gutter system.

9. Work Schedule for Snowplow Operators

Generally, operations will continue until all roads are passable. Widening and cleanup operations may continue immediately or on the following workday depending upon conditions and circumstances. In severe snow emergencies, operators sometimes have to work longer shifts, but will be paid overtime pursuant to the personnel policy. However, because of budget and safety concerns, no operator shall work more than one twelve-hour shift in any twenty-four hour period. While work breaks are not guaranteed, generally operators will take breaks in accordance with City policy, provided the breaks do not interfere with City services or operations. In addition, operators will be allowed sufficient time to eat a meal during any shift which is eight or more hours. After a twelve-hour shift, the operators will be replaced if additional qualified personnel are available.

10. Traffic Regulations The City recognizes that snowplow operators are exempt from traffic regulations set forth in

Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees.

No individual, private company or other entity not previously authorized to conduct snow

plowing or removal services by the City of Winsted may conduct such activities upon any street or upon any property owned by the City. In addition, no individual or private company shall deposit or redeposit snow onto a City street per ordinance (603.00). Anyone conducting such activities will be subject to a citation by the Winsted Police Department.

11. Weather Conditions

10/9/2018 Page 4

Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice control operations include: severe cold, significant winds, and limited visibility.

12. Use of Sand, Salt, and Other Chemicals

The City will use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. The City will not be responsible for damage to grass caused by salt and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way.

13. Walking Surfaces (Sidewalks & Trails)

The City will maintain some of the walking surfaces located within the City. The City will make the determination as to which walking surfaces will be maintained based on numerous factors including sidewalk width, usage, and adjacent street width. The City will assist in removing snow from sidewalks in the downtown area to make snow removal more efficient. This policy acknowledges that downtown property owners have a very limited area to deposit snow on private property, thus this policy does not prohibit downtown property owners from responsibly depositing snow onto a City street. A Map of walking surfaces that the City has determined will be cleared by City Personnel is attached. As there are a limited number of personnel available, the city will only maintain these walking surfaces after the streets have been plowed. The City of Winsted will not remove snow from any residential sidewalks unless indicated on the attached map. The sidewalks will be only available for use seasonally or as weather allows. The resident and/or property owner adjacent to any sidewalks not maintained by the City will be allowed to remove all accumulated snow from sidewalks along public streets adjoining their property at their own discretion. This includes any snow plowed from public streets onto the sidewalk.

14. Fire Hydrants

In the interest of Public Safety, the City will remove snow around City owned fire hydrants located within pubic road right of way. The snow around the Fire Hydrants will not be cleared after every weather event. The Public Works Supervisor will determine the schedule for snow removal near fire hydrants based on snow levels and accessibility of the fire hydrants by the Winsted Fire Department. The City will encourage property owners whose properties are adjacent to fire hydrants to assist the City in clearing fire hydrants.

15. Property Damage

(A) Mailboxes - Damage to a mailbox is a risk that snowplow operators face during winter plowing requirements. The City will conduct a review of each mailbox damage claim to determine whether the City will replace or provide reimbursement for the mailbox. Only mailboxes actually hit by a snowplow will be the responsibility of the City. The City will not be responsible for damage to mailboxes or support posts caused by snow or ice coming into contact with the mailbox per ordinance 1403.009. If the City, in its discretion, determines that reimbursement or replacement is appropriate, the City may:

1) At the mailbox owner’s request, replace the mailbox with a standard size, non-decorative

metal mailbox and replace the support post as necessary with a 4” x 4”, decay resistant wood support post, both of which will be installed by the City;

10/9/2018 Page 5

2) Provide reimbursement of $50.00 for the mailbox and support posts that meet the city’s ordinance standards, as well as state and federal requirements for mailbox size, support and placement.

Damage resulting from snow is the responsibility of the property owner / resident. Removing snow from the mailbox and maintaining access to the mailbox is the responsibility of the property owner. A property owner assumes all risk and responsibilities for replacement of mailboxes and supports that are constructed of materials such as, but not limited to, brick and mortar, stone aggregate, ornamental railings, or antique type support. Snowplow operators make every effort to remove snow as close to the curb line as practical to provide access to mailboxes for the postal service. It is not possible to provide perfect conditions and minimize damage to mailboxes with the size of equipment the City operates. The final cleaning adjacent to mailboxes is the responsibility of each resident. (B) Landscaping – Property owners assume all risk of damage for landscaping, including nursery, and inanimate materials that are installed or encroach upon the city right-of-way. The City assumes no responsibility for damage incurred to non-permitted elements as a result of snow removal and ice control activities, with the exception of lawns that are scraped or gouged by City equipment will be repaired by top dressing and seeding the following spring. In addition, inanimate materials such as boulders, timbers, and etc. are a hazard and can cause damage to plow equipment. (C) Other Private Installations – The City will assume no responsibility for underground lawn sprinkling systems, exterior lighting systems, underground electric dog fences, retaining walls, basketball hoops, specialty grasses, rocks, fences, or any other non-permitted features privately installed in City right-of-way. Garbage cans and recycle bins left for pickup by a resident must be located in the driveway of the residence. Storage of garbage cans and recycle bins in the roadway surface in which snow is to be removed requires extra staff time due to potential future drainage issues from the inability to clean to the curb line and safety issues during the snow removal process.

16. Driveways One of the most frequent and most irritable problems in removal of snow from the public streets is the snow deposited on driveways during snow removal operations. Snow that accumulates on the plow blade has no place to go but in the driveway. Snowplow operators make every attempt to minimize the amount of snow deposited in driveways, but the amount can still be significant. Based on priorities and staffing levels, city personnel do not provide private driveway cleaning. Possible exceptions are at the discretion of the Public Works Supervisor for emergency situations.

17. Complaint Procedure Complaints regarding snow removal, ice control, or damage will be taken during normal working hours. Complaints involving access to property or problems requiring immediate attention will be handled on a priority basis. Response time should not exceed 24 hours for any complaint. It should be understood that complaint responses are to ensure that the

10/9/2018 Page 6

provisions of the City policy have been fulfilled and that all residents of the City have been treated uniformly. It is the City’s intention to log all complaints and revise this policy as necessary, taking into consideration the constraints of City resources. 18. Deviation from Policy

The Public Works Supervisor may deviate from this policy when in his or her judgment it is in the best interest of the City or is necessary because of budget needs or other circumstances. Changes in priorities (lasting more than 4 hours) will be documented as to what caused such actions, why the change was necessary, and for how long the change is to be in effect. Those City employees and/or contractors affected will be notified immediately by radio or cell phone of such changes with all communications logged. Information logged will include the time and date of the communication, name of employee contacted, and method of contact. Any changes of priorities lasting more than 24 hours should be made in a written record and the public should be informed of such changes through normal methods used by the City for emergency notifications.

19. Review and Modification of Policy The Public Works Supervisor shall keep on file, according to the City’s retention policy, all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. The City Council or staff authorized by City Council may modify this policy at any time. Adopted by the Winsted City Council this 20th day of April, 2010. Amended by the Winsted City Council this 16th day of December, 2014. Amended by the Winsted City Council this _____ day of November, 2019. Effective Date of Policy This policy shall be effective as of XXXX. ____________________________________ Steve Stotko, Mayor Attest: ___________________________________ Raquel Kirchoff, City Clerk-Treasurer

***AMENDED AGENDA***

CITY COUNCIL – MEETING AGENDA Tuesday, October 15, 2019 – 6:00 P.M.

City Council Chambers – Winsted City Hall Mission Statement

“The City of Winsted will provide services and resources for its citizens and businesses that promote opportunities for a high quality of life, while sustaining a hometown atmosphere.”

1) MAYOR CALL THE MEETING TO ORDER

a) Pledge of Allegiance*

b) Oath of Office – Ms. Paige Vick, Part-Time Police Officer*

2) CONSENT AGENDA Items listed below are considered routine and non-controversial by the City. There will be no separate discussion of these items unless requested by a Council Member, staff or citizen. If removed, the item will be discussed at the end of New Business. a) Approval of Minutes

Approve the minutes of the following:

City Council Work Session – August 20, 2019 City Council Regular Meeting – August 20, 2019 City Council Work Session – September 3, 2019 City Council Regular Meeting – September 3, 2019

b) Schedule Public Hearing – Truth-in-Taxation Hearing*

Schedule a Truth-in-Taxation Public Hearing for Tuesday, December 3, 2019 at 6:00 p.m. in the City Council Chambers at Winsted City Hall.

c) Performance Review – City Administrator*

Schedule a Special Closed City Council Meeting for Wednesday, November 6, 2019 at 4:00 p.m. in the Lewis Room at Winsted City Hall to conduct the annual Performance Review for Mr. Adam Birkholz, City Administrator.

d) Application to Conduct Excluded Bingo –Winsted Lake Watershed Association

Approve an Application to Conduct Excluded Bingo, as submitted by the Winsted Lake Watershed Association, on Sunday, November 3, 2019 at the Blue Note Ballroom, 320 3rd Street South, Winsted, Minnesota, contingent upon the Winsted Lake Watershed Association providing all necessary documentation to the State of Minnesota Gambling Control Board.

City of Winsted │ Regular City Council Meeting │Tuesday, October 15, 2019

2

e) Hay Ride Permit – Winsted Holding Activities that Unite People (WHAT UP)* Approve a hay ride sponsored by Winsted Holding Activities that Unite People (WHAT UP) on designated streets in the City of Winsted as approved by the Winsted Police Chief on Saturday, October 26, 2019 between the hours of 1:00 p.m. and 4:00 p.m.

f) Refund for Planning and Zoning Fees

Authorize the City Clerk-Treasurer to issue a refund for Mr. Bob Hoffman for the balance of planning and zoning application fees paid, less City expenses, in the amount of $141.74 for the property located at 161-4th Street South in Winsted, Minnesota.

g) Security Bank & Trust Company – Pledged Securities

Approve the Pledged Securities that Security Bank & Trust Company has purchased for the City of Winsted for the month of September, 2019.

h) Building Permit Report – September, 2019

Approve the Building Permit Report for the month of September, 2019.

i) Financial Report – August, 2019

Approve the financial report for the month of August, 2019.

j) Claims

Approve the claims list for October 15, 2019.

3) PUBLIC HEARINGS

a) Public Hearing – Ordinance O-19-03 – Utilities Ordinance Amendments

Consider a motion to adopt Ordinance O-19-03, amending various sections of Chapter Three (3) of the Municipal Code of the City of Winsted, regulating utilities in the City of Winsted.

4) OLD BUSINESS

5) NEW BUSINESS

a) Wastewater Treatment Facility (WWTF) Pond Decommissioning – Salonek Property Culvert

Consider a motion to authorize a reimbursement for Mr. Ted Salonek in the amount of $2,300 of the $3,300 cost for the replacement of a thirty-six (36) inch culvert at the property with Parcel Identification (PID) No. 21.014.0200.

b) Sanitary Sewer System Policies

Consider a motion to adopt a Sanitary Sewer Maintenance Policy, an Emergency Response Policy and a Backflow Check Valves Policy for the City of Winsted, Minnesota.

c) 2019 City Council Priorities Third (3rd) Quarter Update

Receive a 2019 City Council Priorities, third (3rd) quarter update.

6) ORGANIZATION REPORT

a) Winsted Public Library*

7) OPEN FORUM

City of Winsted │ Regular City Council Meeting │Tuesday, October 15, 2019

3

Open Forum provides residents with the opportunity to address an issue that is not on the agenda with the City Council. The City Council will not take official action on items discussed during Open Forum, except to refer items to staff for future report or follow through. If you wish to address the City Council please state your name, address and topic that you wish to discuss. Speakers will be limited to five (5) minutes to discuss an issue and the Mayor will limit discussion on any one topic to ten (10) minutes.

8) CITY ADMINISTRATOR UPDATE AND ANNOUNCEMENTS*

9) ADJOURN

* Denotes no supporting information included in the packet.

Winsted City Hall 201 - 1st St. N.

Winsted, MN 55395 320-485-2366

www.winsted.mn.us

1

City of Winsted City Council Work Session Vollmer Room Tuesday, August 20, 2019 5:00 p.m. Present: Mayor Steve Stotko Council Member Mike Henrich Council Member Tom Ollig Council Member Bonnie Quast Council Member Patty Fitzgerald Staff Present: Mr. Adam Birkholz, City Administrator Ms. Raquel Kirchoff, City Clerk-Treasurer

I. Mayor Stotko called the Work Session to order at 5:00 p.m.

II. Recommended 2020 Budget Mr. Adam Birkholz, City Administrator, provided a presentation regarding the Preliminary 2020 Property Tax Levy and General Fund Budget that included a review of the following information:

o The process and key dates of the 2020 Budget.

o General Fund Budget Assumptions and Considerations: Conservative revenue and expenditure assumptions:

4.2% cost increase in employee wages; 13.5% cost increase in employee benefits; Single step salary increase for each eligible employee and 2.0% Recommended

2020 Compensation Plan increase; Increase of 0.75% for Employer contribution to Police Public Employees Retirement

Association (PERA) Reallocation of current resources based on need and actuals history - Budget

adjusted to better reflect actual expenditures and external revenues.

The Recommended 2020 General Fund Budget is structurally balanced and supports current compliment of Full–Time Equivalent (FTE) Employees. Continues the multi–year funding strategy to support the Street Capital Improvement

Program (CIP) as adopted in the 2017 Budget. Increases in Streets CIP funding supported by the Property Tax Levy.

The Recommended 2020 General Fund Budget does not include: Approved property tax abatements beginning in 2017 Economic Development Authority Funding

o Significant, recommended 2020 General Fund Budget changes.

o The Winsted Volunteer Fire Department (WVFD) 2016-2022 charges for services.

o The recommended 2020 General Fund Revenues of $2,069,701 and Expenditures of $2,049,980.

o Property tax trends and other considerations.

o The Preliminary 2020 Debt Service Levy detail.

o The General Fund Budget and Property Tax Levy history from year the 2016 to the

recommended Preliminary Levy for 2020.

Mr. Birkholz stated that the Preliminary 2020 General Property Tax Levy would increase 12.00% and the Preliminary 2020 Debt Service Levy would increase 0% resulting in a total Preliminary 2020 Property Tax Levy increase of 9.19% Council Member Fitzgerald asked if comparison figures from other communities were available. Mr. Birkholz stated that it was too early to get this information. He continued by stating that presently, the City of Lester Prairie is considering an increase of approximately 24% because of street projects and goals for economic development. Mr. Birkholz stated that if the City Council removes the recommended expenditure of $20,000 to complete an updated Comprehensive Plan, the overall levy increase would decrease to

2

approximately 6.8%. He continued by stating that Mr. John Anderson, Municipal Development Group, has stated that he is not able to update the Comprehensive Plan in the year 2020 due to lack of his time. Mr. Birkholz stated that another consultant completing the plan is not the best option because Municipal Development Group has been the City’s Planning and Zoning consultant for a number of years and is familiar with the City’s planning, zoning and land use plans. Council Member Ollig requested a summary that shows a line item budget for each department for the 2019 approved budget compared to the proposed 2020 budget. Mr. Birkholz stated that he would get him this information.

III. Other

a) Winsted Municipal Airport – Northern Natural Gas Line Relocation

Mr. Birkholz stated that the City is planning to close the Winsted Municipal Airport beginning September 3, 2019 for Northern Natural Gas to begin the gas line relocation work of the project.

Mr. Birkholz stated that the City has not received confirmation that it received the Federal Aviation Association (FAA) grant for the reconstruction of the turf runway. Mr. Ron Roetzel, Bolton and Menk, Incorporated, has talked with FAA officials who have stated that the City may move forward with the gas relocation because the grant will be awarded for the turf reconstruction.

Mr. Birkholz stated that City staff will notify hangar owners of the closure.

Mr. Birkholz stated that Northern Natural Gas is also working directly with Winsted Township regarding a road right of way permit that they require for the work that Northern Natural Gas will do. He continued by stating that City staff has been in contact with Winsted Township regarding the Airport project; at no time has Winsted Township stated that this right of way permit was needed.

b) Winsted Volunteer Fire Department Relief Association (WVFDRA)-Bylaw Amendments

Mr. Birkholz stated that since the WVFDRA is no longer requesting an increase to the per year pension retirement value at this time, the City Council does not need to approve the other proposed language amendments to the bylaws. City Council approval is required for a change to the retirement value, if it is considered again in the future.

Mr. Birkholz stated that he requested a copy of the bylaws once the other bylaw language amendments were approved by the WVFDRA.

c) Mill Reserve Park – Circuit Issues

Mr. Birkholz stated that recently, circuit breakers were blown during a Winsted Holding Activities that Unite People (WHAT UP) event in Mill Reserve Park. Ms. Amanda Zeidler, Deputy City Clerk, is a WHAT UP Committee member and was able to access the room in City Hall to regain power when this occurred. The City Council Members discussed how to get into the room in City Hall if issues occur again at a future event when City staff is not present. It was decided that card access to the Administration side of the City Hall building would be given to the City Council Members so they could retrieve the key for the room if they were able to help.

d) Mill Reserve Park – Maple Tree

Mr. Birkholz stated that a big maple tree appears to be dying in Mill Reserve Park, near the intersection. Public Works staff will attempt to trim it back and wait to see if it helps, or if the tree will die. Council Member Henrich stated that particular tree helps during WHAT UP movie in the park events by blocking the streetlight during the movies. If it dies, WHAT UP events will be affected. Mr. Birkholz stated that the City could see if a switch is possible on that streetlight if the tree has to be removed.

IV. Adjourn

3

Council Member Quast motioned to adjourn the meeting. Council Member Henrich seconded the motion. Motion carried 5-0.

The meeting adjourned at 5:55 p.m.

_________________________________ Steve Stotko Mayor City of Winsted ATTEST: _________________________________ Raquel Kirchoff, CMC City Clerk-Treasurer City of Winsted

City of Winsted City Council Meeting Council Chambers Tuesday August 20, 2019 6:00 p.m. Present: Mayor Steve Stotko Council Member Mike Henrich Council Member Bonnie Quast Council Member Tom Ollig Council Member Patty Fitzgerald Staff Present: Mr. Adam Birkholz, City Administrator Ms. Raquel Kirchoff, City Clerk-Treasurer Mr. Justin Heldt, Police Chief Others Present: Mr. Jake Saulsbury, Bolton and Menk, Incorporated 1) Mayor Stotko called the meeting to order at 6:00 p.m.

a) The Pledge of Allegiance was taken. 2) Consent Agenda

a) Approval of Minutes

Approved the minutes of the following: City Council Work Session – June 4, 2019 Park Commission Meeting – July 8, 2019

b) Safety Program Service Agreement – SafeAssure Consultants, Incorporated

Authorized the Mayor and City Clerk-Treasurer to execute an agreement with SafeAssure Consultants, Incorporated, to provide a safety program for the City of Winsted in the amount of $3,200.60.

c) Purchase Authorization and Contract – Wastewater Treatment Facility

Authorized the Mayor to execute a 2019-2020 Propane Contract with Glencoe Co-op Association, authorizing the prepayment of 6,850 gallons of propane fuel for the Wastewater Treatment Facility, at $1.22 per gallon, for a total prepaid price of $8,357.00.

d) Resolution R-19-31 – 2019 Winsted Night Out Contribution

Adopted Resolution R-19-31 accepting a contribution from Target in Waconia, Minnesota, to be dedicated to the Winsted Police Department for the 2019 Winsted Night Out event.

e) Security Bank & Trust Company – Pledged Securities

Approved the Pledged Securities that Security Bank & Trust Company has purchased for the City of Winsted for the month of July, 2019.

f) Building Permit Report – July, 2019

Approved the Building Permit Report for the month of July, 2019.

g) Financial Report – June, 2019

Approved the financial report for the month of June, 2019.

h) Claims

Approved the claims list for August 20, 2019. Council Member Ollig motioned to approve the Consent Agenda. Council Member Fitzgerald seconded the motion. Council Member Ollig abstained from voting on Item e) “Security Bank & Trust Company – Pledged Securities”. Motion carried 5-0.

3) No Public Hearings

2

4) No Old Business 5) New Business

a) Wastewater Treatment Facility (WWTF) – Fence Improvements

Mr. Adam Birkholz, City Administrator, stated that the City Council requested City staff to look into the grant funding for the WWTF to know if there are remaining funds from that grant to install a fence at the WWTF. Mr. Birkholz asked Mr. Jake Saulsbury, Bolton and Menk, Incorporated to review information regarding the fencing project.

Mr. Saulsbury stated that Bolton and Menk, Incorporated reviewed the construction contracts and various components. An estimated $50,700 remains in the construction contracts that could be used to install a fence at the WWTF. Mr. Saulsbury stated that he also reviewed back to when the project had change orders added for the lift station improvements. At that time, $872,000 remained in bond funds after the grant from the State of Minnesota was received. The City chose to move forward with the Northgate lift station replacement and upgrades to the Westgate generator. Those options totaled $835,000. The difference between remaining bond funds and the generator improvements was $37,000, which is the proposed price for the fence installation. Mr. Saulsbury stated that reviewing the project as a whole was not easy to complete, based on the time lapse during the project, the redesign, and the pond conditioning put in as a large allowance item. Mr. Saulsbury stated that compared to the change order and compared to the construction contract amounts, there are funds for the fencing.

Council Member Ollig asked if there was anything else other than the fencing that may be needed. Mr. Saulsbury stated no. He continued by stating that there are still some restoration items, mostly at Northgate, but those items have already been estimated for. Mr. Saulsbury stated that the lift station is fully operational, with the old abandoned, so there should not be any surprises. Mr. Saulsbury stated that there is a small amount of grading to complete at the WWTF.

Mr. Aaron Kubasch, 179 Westgate Drive, asked if repair may be done to the road going to the Brush Site to be passable after rain or snow. He stated that the road was destroyed during construction and when it gets wet, it turns to a mud pit. Mr. Saulsbury stated that work was recently completed to the road as part of project finalization. Council Member Fitzgerald motioned to approve the use of the remaining fund balance from the WWTF Project fund to build a fence around the Waste Water Treatment Facility. Council Member Quast seconded the motion. Motion carried 5-0.

b) Park Improvements – Denis M. Campbell Field

Mr. Birkholz stated that at a previous City Council meeting, the City Council approved the purchase of a scoreboard at Denis M. Campbell Field to be funded through the Winsted Baseball Association. As part of a larger project, the Winsted Baseball Association is planning to replace the outfield fence, which is beyond repair, and also install an irrigation system on the field as required to host a regional tournament scheduled in 2021. The Winsted Baseball Association has received an unsecured loan through Security Bank & Trust Company for the improvements. The bank will not require any collateral from the City of Winsted’s park property. The City of Winsted will have no financial responsibility for the project. The bank will acquire lien waivers as part of the funding, to avoid risk of liens against the property from potential contractors. The Winsted Park Commission is in favor of the project. The Park Commission would like to review an agreement with the Winsted Baseball Association regarding future maintenance and fence advertising. Mr. Birkholz stated that City Attorney recommended moving forward with the project through a resolution approved by the City Council. The current lease agreement with the Winsted Baseball Association covers needed maintenance requirements.

3

Mr. Birkholz asked the City Council to consider if the Public Works Department may help with removal of the old fencing with staff time and equipment, since the City does not have expense for the project. He continued by stating that Public Works also give guidance with the back flow protector and connection to the City water system for the irrigation system. Mr. Birkholz asked if the Winsted Baseball Association should be allowed to advertise on the fencing; and if so, should the City decide on the content of the advertising before it is placed on the fence. The City Council Members approved of moving forward with the Public Works Department helping the Winsted Baseball Association as Mr. Birkholz described. The City Council approved of advertising on the outfield fence as long as City staff reviewed the content of the advertising before it is placed on the fence. Mr. Birkholz stated that a resolution for the improvements would be considered at a future City Council Meeting.

6) Organization Report a) Winstock Country Music Festival (Winstock)

Mr. Steve Laxen highlighted the following regarding Winstock 2019:

• Thanked the City, especially the Winsted Police Department for its work for Winstock.

• Attendance – 18,300 people with approximately 4,000 campsites.

• No major incidents or injuries occurred.

• Mr. Bernie Westling’s property was rented to the south of McLeod County Road 5 and between Winstock’s grounds where a nine (9) foot walk path was established to keep all foot traffic off the County road. This helped to alleviate safety concerns.

• Winstock’s Emergency Response Plan has been updated.

• The 2020 Winstock headliners are Luke Holm and Darius Rucker.

• Provided information on the plan for campsites on the Westling property in the future.

• Over 800 volunteers participated; however, getting enough volunteers is a challenge. Outside organizations like Lions clubs and churches have helped to fill the need for volunteers.

Council Member Ollig stated that Winstock has a large economic impact on businesses in the City. He continued by stating that one business told him their profit for the year was from Winstock weekend.

Mr. Birkholz stated that he was amazed at seeing the operation of Winstock in his first year as City Administrator for the City of Winsted. He continued by stating that the City of Winsted appreciates what Winstock does for the city.

7) No Open Forum

8) City Administrator Updates and Announcements

a) Winsted Municipal Airport – Runway Closure

Mr Birkholz stated that the airport runway is scheduled to close on September 3, 2019 for Northern Natural Gas to begin the relocation of the pipeline. City staff will notify hangar owners of the closure.

Mr. Birkholz stated that the City anticipates final approval of the grant funding from the Federal Aviation Association (FAA) for the turf runway reconstruction in the next few weeks.

4

Council Member Ollig asked if the runway will remain closed through next year, 2020.

Mr. Birkholz stated that the estimated timeline is at least through June, 2020. Once the grant funding from the FAA is approved for the turf reconstruction, work may then begin for that portion of the project. The hope is to have seed in place this fall for the turf to be re-established. Good, dry weather must occur for this to happen; if the weather is bad, the timeline will have to be adjusted back.

b) Wastewater Treatment Facility (WWTF) Open House

Mr Birkholz stated that the City is hosting an open house at the WWTF on Thursday, September 19, 2019, from 5:00 – 7:00 p.m. City staff is contacting the school districts to see if science classes are interested in touring the facility also. Mr. Birkholz encouraged residents to attend to witness what their fees are paying for in their water and sewer bills.

9) Adjourn

Council Member Quast motioned to adjourn the meeting. Council Member Henrich seconded the motion. Motion carried 5-0.

The meeting adjourned at 6:26 p.m. ____________________________________ Steve Stotko Mayor City of Winsted ATTEST: ____________________________________ Raquel Kirchoff, CMC City Clerk-Treasurer City of Winsted

1

City of Winsted City Council Work Session Lewis Room Tuesday, September 3, 2019 5:00 p.m. Present: Council Member Mike Henrich Council Member Tom Ollig Council Member Bonnie Quast Council Member Patty Fitzgerald Absent: Mayor Steve Stotko Staff Present: Mr. Adam Birkholz, City Administrator Ms. Raquel Kirchoff, City Clerk-Treasurer

I. Deputy Mayor Ollig called the Work Session to order at 5:00 p.m.

II. Review Proposed Utilities Ordinance Layout

Mr. Adam Birkholz, City Administrator, stated that at a recent City Council Work Session, the need to update the City’s sewer and water utility ordinance was mentioned. Mr. Birkholz reviewed a flow chart of what the proposed ordinance will look like. Mr. Birkholz stated that the City Council will review the ordinance at the September 17, 2019 City Council Work Session. At the September 17, 2019 City Council Meeting, the City Council will consider ordering a Public Hearing for the amendments at the October 15, 2019 City Council Meeting. Mr. Birkholz stated that the Sewer Maintenance Policy will also be considered for adoption at the October 15, 2019 meeting. Mr. Birkholz stated that the main change to the ordinance is that the City will not be responsible for installation of repairs of the section of pipe from the sewer main to the property line in the new ordinance. The City has been operating under this assumption but the current ordinance language does not reflect this. Council Member Ollig stated that the homeowner installs that section of pipe when a home is built. Mr. Birkholz stated that was correct. Council Member Henrich asked if the repair of the road, for excavation work to get to the pipe, would be the homeowner’s responsibility. Mr. Birkholz stated yes with the proposed language. Council Member Henrich asked the price of road asphalt repair for these situations. Mr. Birkholz estimated it at a few thousand dollars and stated he would get this information to Mr. Henrich. Council Member Henrich asked if the City Council should consider a 50/50 cost share with the homeowner for the asphalt road repair because the homeowner has no choice but to connect to the sewer main. Council Member Quast asked if the City Council should consider a 50/50 cost share with the homeowner for both the repair of the section of pipe form the sewer main to the property line and the asphalt road repair. Council Member Fitzgerald asked if it was common practice, in other cities, that the homeowner is responsible for the section of pipe from the sewer main to the property line. Mr. Birkholz stated yes.

Council Member Ollig stated that if the City Council decides to cost share the asphalt road repair and/or the repair to the section of the pipe from the sewer main to the property line, the City must budget for that expense in the future. Mr. Birkholz stated that was correct; the utility budget would need to be increased.

2

Mr. Birkholz stated that City staff would try to send the new proposed ordinance and the red-line edit of the current ordinance to the City Council Members with enough time for them to review it before the September 17, 2019 City Council Work Session.

III. Recommended 2020 Budget Mr. Birkholz provided a presentation regarding the Preliminary 2020 Budget Review that included a review of the following information:

o The process and key dates of the 2020 Budget.

o Recommended 2020 Airport Operations Fund: Assumptions and Considerations:

No change in airport hangar rental rates. Use of property taxes to support airport operations

According to the 2016 Audit, the Airport Operations Fund currently maintains approximately $105,900 as “Due to Other Funds”.

Each year the City collects approximately $17,000 in property taxes from airport hangars.

In order to prevent the need for advances from the General Fund, City staff recommend appropriating a certain portion of the abovementioned property taxes.

Reviewed Airport Operations Fund Budget Summary and Projection The project airport operations fund is at a projected deficit in 2020. Two

items that contribute to this are the reduced gas sales and the lack of skydiving operations due to the airport closure.

o Recommended 2020 Airport Improvement Fund: Assumptions and Considerations:

At present, the Airport Capital Improvement Plan (CIP) assumes a turf runway surface for the purposes of the Federal Aviation Administration (FAA) and Minnesota Department of Transportation (MnDOT) reporting.

Reviewed Airport Improvement Fund Budget Summary and Projection.

o Recommended 2020-2024 CIP: Assumptions and Considerations:

Previous City Council actions (e.g. 2011 Pavement Management Plan, Streets CIP Property Tax Strategy).

Recommendations of City Commissions (e.g. Park Commission). Cost assumptions based on best available project estimates. Annual increases in certain fees and revenues used to finance capital improvements

(e.g. Park Improvement Fee). Reallocates existing General Fund revenues among various Capital Equipment

Improvement Plan (CEIP) sections.

o Recommended 2020-2024 Parks CIP: Assumptions and Considerations:

Consistent with the 2017 Park System Master Plan. Consistent with guidance and budget recommendation as provided by the Park

Commission. Assumes a 5% increase in the Park Improvement Fee for 2020P $1.83. Past history

of fee amounts are as follow- 2017F, $1.58, 2018F, $1.65, 2019F, $1.74. Maintains repayment from the Winsted Baseball Association for the Denis M.

Campbell Field Improvement Project at 1.00% interest. Reviewed CIP Summary.

o Recommended 2020-2024 Trails CIP: Assumptions and Considerations:

No change in assumption or funding sources (i.e. General Fund). Does not include Safe Routes to Schools Infrastructure Project(s). Reviewed CIP Summary.

o Recommended 2020-2024 Facilities CIP: Assumptions and Considerations:

Does not include any major renovations or changes to City facilities.

o Recommended 2020-2024 Capital Equipment Plan (CEP): Assumptions and Considerations:

3

3.00% of equipment replacement value accepted as auction or “trade-in revenue”. Continues the practices of replacing a Police Department vehicle every two years. Includes funding a Body-Worn Camera program for the Police Department.

o Recommended 2020-2024 Streets CIP: Assumptions and Considerations:

Continuation of the Streets CIP Property Tax Transfer Strategy. Does not include any funding or support for the County Road No. 116 Project, Baker

Avenue Turn Back Project, or County Road 5 Extension Project. The estimated 2020 year end fund balance will be $535,000.

o Recommended 2020 Preliminary Property Tax Levy: Assumptions and Considerations:

Market Values continue to increase throughout Minnesota in all property categories. In 2019, certified property tax levies increased 5.6% compared to the previous year. Local Government Aid (LGA) increased $26 million resulting in an increase for the

City of approximately $18,656. $1,168,620 (General Levy) +$319,100 (Debt Levy) = $1,487,360 (Property Tax Levy)

Reviewed Preliminary 2020 Debt Service Levy Detail Reviewed General Fund Budget and Property Tax Levy History Reviewed 2020P Property Tax Estimates and Projections for Residential Homestead Reviewed Property Tax Capacity and Levy History Reviewed Recommended 2020 Property Tax Levy Alternatives

IV. Other

a) Blight

Mr. Birkholz stated that City staff is addressing blight for the dilapidated barn at the Solar Garden sight. The deadline for this blight issue is the end of September, 2019. Mr. Birkholz stated that City staff is addressing blight with a property on Main Avenue. The property owner is working with the city and looks to be in compliance soon.

b) City Hall – Air Conditioning

Mr. Birkholz stated that a quote for approximately $12,000 was received from Northern Air Corporation (NAC) for a new compressor and motor for the upper level air conditioner unit. Mr. Birkholz stated that he recommends waiting until the year 2020 to repair the unit. Council Member Quast asked for NAC’s opinion on the size of the unit being enough to cool the building.

c) Denis M. Campbell Field Improvements

Mr. Birkholz stated that a resolution will be considered at tonight’s meeting to move forward with the proposed improvements to Campbell Field. Mr. Birkholz stated that the Winsted Baseball Association would remove the fence, with the Public Works Department responsible for removing the posts. Mr. Birkholz stated that the Winsted Baseball Association approved of City staff reviewing advertising content before the advertising is placed on the outfield fence.

d) Winsted Municipal Airport – Runway Closure

Mr. Birkholz stated that the airport runway is closed for Northern Natural Gas to complete the gas line relocation. Mr. Birkholz stated that at tonight’s meeting, the City Council will consider allowing the Mayor and City Administrator to approve grant documents for the construction of the turf runway, as soon as they are received, rather than waiting for the next City Council Meeting to approve them.

e) Economic Development Authority (EDA) Items

121 Baker Avenue East

4

Mr. Birkholz stated that one proposal was received in response to the City’s Request For Proposal (RFP) process for City owned property 121 Baker Avenue East. The proposal was not favorable; it will be reviewed at the next Economic Development Authority (EDA) meeting. The City will likely extend the RFP process for the property.

Senior Housing Development Mr. Birkholz stated that he would meet with a developer, builder, and architect on September 6, 2019 regarding a Senior Housing development.

Industrial Park Lot Interest Mr. Birkholz stated that he has had interest from two parties regarding available lots in the Industrial Park.

Council Member Fitzgerald motioned to adjourn the meeting. Council Member Quast seconded the motion. Motion carried 4-0. The meeting adjourned at 5:50 p.m.

_____________________________________ Tom Ollig Deputy Mayor City of Winsted ATTEST: _____________________________________ Raquel Kirchoff, CMC City Clerk-Treasurer City of Winsted

City of Winsted City Council Meeting Council Chambers Tuesday, September 3, 2019 6:00 p.m. Present: Council Member Mike Henrich Council Member Bonnie Quast Council Member Tom Ollig Council Member Patty Fitzgerald Absent: Mayor Steve Stotko Staff Present: Mr. Adam Birkholz, City Administrator Ms. Raquel Kirchoff, City Clerk-Treasurer Mr. Justin Heldt, Police Chief 1) Deputy Mayor Ollig called the meeting to order at 6:00 p.m.

a) The Pledge of Allegiance was taken.

b) 2019 Winsted Pride Awards Presentation Deputy Mayor Ollig presented the 2019 Winsted Pride Awards to the following organization and residence. He recognized them for enhancing the aesthetic quality of the property and contributing to the overall enhancement of the City of Winsted’s image.

▪ Winsted Arts Council, 141 Main Avenue West ▪ Curtis & Kathryn Weibel, 330-1st Street North

2) Consent Agenda Deputy Mayor Ollig read the Consent Agenda.

a) Approval of Minutes

Approved the minutes of the following:

City Council Regular Meeting – June 4, 2019 City Council Work Session – June 18, 2019 City Council Regular Meeting – June 18, 2019 City Council Work Session – July 2, 2019 Economic Development Authority – August 22, 2019

b) City Council Meeting Reschedule – Work Session – November 5, 2019

Authorized the City Council Work Session, scheduled for November 5, 2019, to be rescheduled for Wednesday, November 6, 2019 at 5:00 p.m., due to the School District Special Election.

c) City Council Meeting Reschedule – Regular Meeting – November 5, 2019 Authorized the City Council Regular Meeting, scheduled for November 5, 2019, to be rescheduled for Wednesday, November 6, 2019 at 6:00 p.m., due to the School District Special Election.

d) Winsted Public Works Department – Maintenance Worker Position Considered a motion to approve a conditional offer of employment for Mr. Mathew Schlechter for the position of Permanent Part-Time Maintenance Worker with the Winsted Public Works Department.

e) Claims

Approved the claims list for September 3, 2019. Council Member Fitzgerald motioned to approve the Consent Agenda. Council Member Henrich seconded the motion. Motion carried 4-0.

2

3) No Public Hearings 4) No Old Business

5) New Business a) Resolution R-19-32 – Winsted Municipal Airport – Federal Aviation Administration (FAA)

Grant Status Mr. Adam Birkholz, City Administrator, stated that the Winsted Municipal Airport is on track for receiving an FAA grant for the reconstruction of the turf runway 9-27 along with new lighting installed. The cost breakdown for this project is as follows:

• $1,989,533 - 90% to be paid by the FAA • $110,529.77 - 5% to be paid by the Minnesota Department of Transportation (MnDOT) • $110,529.77 - 5% local share

Mr. Birkholz stated that the grant documents should arrive soon from the FAA. The FAA has notified the City engineer, requesting that the City execute the grant documents quickly, once received, so that the project may get started, and so that the documents are completed by the end of the federal government’s fiscal year on September 30, 2019. Resolution R-19-32 will allow for this. Council Member Quast motioned to adopt Resolution R-19-32, authorizing the Mayor and City Administrator to execute all necessary grant documents related to the reconstruction of turf runway 9-27 along with the new lighting in order to expedite the grant approval process with the Federal Aviation Administration (FAA). Council Member Fitzgerald seconded the motion. Motion carried 4-0.

b) Resolution R-19-33 - 2019 Denis M. Campbell Field Improvements

Mr. Birkholz stated that the Winsted Baseball Association is requesting approval for the purchase and installation of a new outfield fence and irrigation system including proper backflow protection into the water system. Mr. Birkholz stated that the City Attorney reviewed the City’s current agreement with the Winsted Baseball Association and found it was not necessary to amend that lease agreement for this project. Mr. Birkholz requested the City Council consider Resolution R-19-33 to allow the Winsted Baseball Association to move forward with the project. The resolution states that the Winsted Baseball Association obtained an unsecured loan for the improvements, with no financial contribution from the City toward the project. The City will contribute labor toward the project. Council Member Henrich asked when the project would begin. Mr. Birkholz stated in September,2019, with a goal of completion in fall of 2019, to be ready for the 2020 season. Mr. Birkholz stated that the resolution states that any advertising on the fence or any facility needs to be reviewed by City staff for content. Council Member Henrich motioned to adopt Resolution R-19-33, authorizing the Winsted Baseball Association to make improvements to Denis M. Campbell Field in 2019 with terms and conditions, in conjunction with City staff. Council Member Fitzgerald seconded the motion. Motion carried 4-0.

c) Review of Business Beautification Forgivable Loan Program Applications Mr. Birkholz stated that the City Council re-authorized the Business Beautification Forgivable Loan Program on May 7, 2019 and authorized the City Administrator to begin accepting applications on June 3, 2019. Two applications, from Salon 210, 210 Main Avenue West, and Keaveny Drug, 150 Main Avenue West, have been received and reviewed by the Economic Development Authority (EDA). The EDA recommends approval of both applications.

3

Mr. Birkholz reviewed the projects for Salon 210 Keaveny Drug. Mr. Birkholz stated that the EDA recommended allocating up to $15,000 for the year 2019 out of EDA Fund 407 to support this program. Council Member Ollig stated that the most the EDA will loan to any one business is $5,000 through the program. Keaveny Drug’s project exceeded $10,000 so the EDA recommends they receive the maximum loan amount of $5,000. The EDA recommends loaning Salon 210 50% of what their cost was.

Council Member Fitzgerald motioned to authorize the Mayor and City Administrator to execute a loan security agreement and necessary legal documents between the City of Winsted and Mr. Sam and Mrs. Emma Oglesby for a $2,437.50 loan. Council Member Quast seconded the motion. Motion carried 4-0.

Council Member Quast motioned to authorize the Mayor and City Administrator to execute a loan security agreement and necessary legal documents between the City of Winsted and Mrs. Deborah Keaveny for a $5,000.00 loan. Council Member Henrich seconded the motion. Motion carried 4-0.

6) Department Report

a) City Clerk-Treasurer

Ms. Raquel Kirchoff, City Clerk-Treasurer, reported on the some following items that have occurred since her last report on March 6, 2019.

2019 Municipal Clerks and Finance Officers Association (MCFOA) Conference – March 19-22, 2019 • Ms. Kirchoff and Ms. Amanda Zeidler, Deputy City Clerk, attended the annual MCFOA

conference. Preliminary information was reviewed regarding the 2020 Presidential Nomination Primary (PNP) Election, which will occur on March 3, 2020. City staff has been, and will continue to be, in communication with McLeod County for additional training and information related to the PNP. The City received its new DS200 election ballot counting machine and ballot box. The expense for the DS200 was shared between McLeod County and the City of Winsted. A new Automark machine is planned to be purchased in the future for elections.

2018 Audit • Auditors from Conway, Deuth and Schmiesing were at City Hall during the week of

April 8th – 12th, 2019 to complete the 2018 audit. • Mr. Birkholz, Ms. Kirchoff and Ms. Zeidler work closely with the auditors during the

audit and throughout the year. The 2018 Audit report was presented to the City Council on June 4, 2019.

• Mr. Birkholz, Ms. Kirchoff, and Mr. Aaron Millerbernd, Winsted Volunteer Fire Department Relief Association (WVFDRA) President met with the WVFDRA accountant to review and learn information regarding the Form SC18 related to the WVFD pension account.

Winsted Municipal Airport

• The City Clerk-Treasurer’s department supports the Winsted Municipal Airport. Some of the items of support include: o Creating invoices annually in April to send to hangar owners at the airport for the

lease term of May 1 through April 30. There are 36 invoices sent for 42 hangars. o Assisting with lease requirements during new hangar construction or transfer of

hangar ownership. o Submitting grant applications and reimbursement requests for approved grants.

Current grants are the Maintenance and Operation (M&O) Grant, 9/27 Design Grant, Northern Natural Gas (NNG) Relocation Grant, Airport Fuel System Grant, and upcoming 9/27 Construction Grant.

4

o Keeping the registration information current in the System for Award Management (SAM) database to be eligible for grants.

o Preparation of agenda packets for the Airport Commission Meetings. o Recording the official minutes for the Winsted Municipal Airport Commission. o Meeting and communicating with the fuel system providers to install the new fuel

master system. Communicating with the credit card processing company to ensure the system sends information. Working with the credit card processing company to ensure Payment Card Industry (PCI) compliance of the system.

Liquor and Tobacco License Renewal

• Ms. Zeidler provides liquor and tobacco license renewal forms to current license

holders annually. • Mr. Justin Heldt, Police Chief and Ms. Zeidler host the annual liquor license forum. • Ms Zeidler ensures liquor and tobacco applicants provide all necessary paperwork to

the City and sends applications/renewal forms to the State of Minnesota for the current license holders to issue new annual licenses as of July 1, 2019-June 30, 2020.

Economic Development Authority (EDA)

The City Clerk-Treasurer’s Department provides support to the City Administrator’s work toward the City’s 2019 priorites of;

o Consider programs and strategies to encourage the development of senior

housing within the City of Winsted. o Continue development of the Industrial Park Expansion. o Remediate the blight and dilapidated structures at 121 Baker Avenue East. o Community Foundation Open House.

The department assists with the administration of the Business Beautification

Forgivable Loan program and the New Home Construction Program. The department prepares the packets for EDA meetings and records the official

minutes for the EDA.

City Hall Cleaning • Mr. Tony Hammes, Assistant to the City Administrator, and Ms. Kirchoff worked to

contact companies for carpet and window cleaning that was completed in Summer 2019.

Ordinance Violations

• Mr. Hammes assists the Police Department and the City Administrator by creating

letters to enforce ordinance violations that include blight, public nuisance, and zoning violations.

Planning Commission • The City Clerk-Treasurer’s department supports the Planning Commission. Some of

the items of support include: o Preparation of agenda packets for the Planning Commission and publication of

public hearing notices. o Coordinating the process for the annual Winsted Pride Awards, which includes

preparation of the nomination forms, publication, notification to nominees, scheduling of judging, scoring sheets for Planning Commission Members, notification to winners, scheduling award pictures, preparation of plaques and recognition at the City Council Meeting.

o Recording the official minutes for the Planning Commission o Assisting with multiple Planning and Zoning inquiries received related to fences,

setback questions, variances, etcetera as residents want to complete projects within the city.

5

Park Commission • Mr. Hammes supports the Park Commission with the following:

o Preparation of agenda packets. o Recording the official minutes.

Equipment Replacements

• Worked through the process of replacing the Uninterrupted Power Supply (UPS) equipment with the City’s Information Technology (IT) consultant Computer Integration Technology (CIT).

• Meet quarterly with CIT to review processes and keep equipment current. The City will soon replace computers that run Microsoft 7 systems because Microsoft will no longer that system. Work will be completed to also replace the server and migrate to Microsoft Office 365.

Winsted Summer Festival

• New in 2019 - The Winsted Area Chamber of Commerce (Chamber) organizes and administers the Winsted Summer Festival.

• The City Council passed a resolution earlier in the year 2019 to transfer the funds related to the Summer Festival to the Chamber.

• The Chamber will take receipts and make payments for the Winsted Summer Festival. • City staff still meet with the Chamber to review all events for the festival, to ensure all

permissions are granted for city and county streets, and city property. All City departments work to support the festival.

• City staff still meet with the fireworks provider to ensure all requirements are complete to issue a fireworks permit.

2020 Budget

• Mr. Birkholz, Ms. Kirchoff, and Ms. Zeidler met several times to review the 2020 budget

line by line.

Flagship Insurance

• Ms. Kirchoff and Ms. Zeidler are working with Ms. Erin Kutz, Flagship Insurance, to contact the League of Minnesota Cities Insurance Trust (LMCIT) regarding aligning the renewal for Worker Compensation Insurance to the audited results for the year, that occur at a separate time.

• Mr. Birkholz, Ms. Kirchoff, and Ms. Zeidler met with Ms. Sherman to review 2020 health insurance benefit options.

Utilities Ordinance

• The department is working to update the City’s Utilities Ordinance and policies for City

Council review in the near future.

Staff and Commission Support

• The department continues to provide support and assistance for other City departments, City Commissions, the Winsted Summer Festival, Winsted Holding Activities That Unite People (WHAT UP), Winstock Country Music Festival, et cetera.

7) No Open Forum

8) City Administrator Updates and Announcements

a) Current Projects

6

Mr. Birkholz stated that two projects have recently started. The Winsted Municipal Airport is closed. The gas line relocation portion of the airport project will begin soon. The airport will be closed until the spring of 2020 at the earliest.

Mr. Birkholz stated that the City Council approved some curb and gutter and asphalt maintenance work in the Pheasant Run area. That work started today and should be completed in early September. 2019.

Council Member Ollig asked Mr. Heldt if the amount of Police patrol at the airport would be reduced due to the airpot closure. Mr. Heldt stated no; the patrol levels would stay at what they have been at the airport. The Police Department patrols there daily at different times of the day.

Council Member Henrich requested to share the patrol information with the Airport Commission, since he has heard the concern that the airport may be forgotten during the closure.

9) Adjourn

Council Member Quast motioned to adjourn the meeting. Council Member Fitzgerald seconded the motion. Motion carried 4-0.

The meeting adjourned at 6:32 p.m. ____________________________________ Tom Ollig Deputy Mayor City of Winsted ATTEST: ____________________________________ Raquel Kirchoff, CMC City Clerk-Treasurer City of Winsted

Meeting Date: October 15, 2019 Submitted By: Adam Birkholz, City Administrator City Council Request Subject: Refund Request for Planning and Zoning Fees BACKGROUND: On May 2, 2019, Mr. Bob Hoffman submitted applications and payment for Rezoning and a Minor Subdivision to allow for the construction of a twin home on the property located at 161-4th Street South in Winsted. City staff proceeded to work with the City’s Planning & Zoning Consultant to review the information and to schedule a public hearing for the Planning Commission to consider the rezoning request at a meeting on June 10, 2019. Prior to the public hearing date, Mr. Hoffman informed City staff that the sale of the property fell through and made a request to withdraw his applications. Mr. Hoffman was not able to move forward with plans to construct a twin home on the property and has requested a full refund of the application fees paid to date. The fees paid by the applicant and the costs incurred by the City as a result of the applications submitted are outlined in the table below:

Based on direction from the City Council at the October 1, 2019 Work Session, City staff recommends authorizing a reimbursement for Mr. Bob Hoffman for the balance of the fees paid, less City expenses, in the amount of $141.74. FINANCIAL/BUDGET: The reimbursement expense will be funded out of the General Fund. OPTIONS: 1) Authorize the City Clerk-Treasurer to issue a refund to Mr. Bob Hoffman for the balance of

planning and zoning application fees paid, less City expenses, in the amount of $141.74 for the property located at 161-4th Street South in Winsted, Minnesota.

2) Other.

RECOMMENDATION: 1) Authorize the City Clerk-Treasurer to issue a refund to Mr. Bob Hoffman for the balance of

planning and zoning application fees paid, less City expenses, in the amount of $141.74 for the property located at 161-4th Street South in Winsted, Minnesota.

COUNCIL ACTION: Consider a motion to authorize the City Clerk-Treasurer to issue a refund to Mr. Bob Hoffman for the balance of planning and zoning application fees paid, less City expenses, in the amount of $141.74 for the property located at 161-4th Street South in Winsted, Minnesota.

Fees Paid by Applicant City Expenses Incurred Rezoning Application $551.00 Public Hearing Notice – Postage $17.60

Minor Subdivision Application $110.00 Public Hearing Notice – Publication $96.66

Planning & Zoning Consultant Fees $405.00

Total Fees $661.00 Total Expenses $519.26

2019 Building PermitsPermit # Address Total Fee Permit Fee Metro West City of Winsted Valuation

19-01 421 McLeod Avenue W. 169.00$ 98.50$ 73.88$ 24.63$ 12,500.00$ 19-02 619 Pheasant Run 375.30$ 227.00$ 170.25$ 56.75$ 32,000.00$ 19-03 511 Ponto Point 262.60$ 152.50$ 114.38$ 38.13$ 21,760.00$ 19-04 551-4th Street N. 37.50$ 25.00$ 18.75$ 6.25$ 877.00$ 19-05 619 Pheasant Run 76.00$ 75.00$ 56.25$ 18.75$ 4,000.00$ 19-06 160-7th Street 299.80$ 175.50$ 131.63$ 43.88$ 25,000.00$ 19-07 624 Northgate Drive 96.20$ 56.50$ 42.38$ 14.13$ 5,745.00$ 19-08 3233-230th Street 117.00$ 68.50$ 51.38$ 17.13$ 8,000.00$ 19-09 117 Fairlawn Avenue E. 96.20$ 56.50$ 42.38$ 14.13$ 5,939.00$ 19-10 112 Lake Avenue E. 76.00$ 75.00$ 56.25$ 18.75$ 8,835.00$ 19-11 372 South Shore Drive 76.00$ 75.00$ 56.25$ 18.75$ 3,950.00$ 19-12 170-1st Street S. 76.00$ 75.00$ 56.25$ 18.75$ 1,900.00$ 19-13 135-1st Street N. 148.20$ 86.50$ 64.88$ 21.63$ 16,000.00$ 19-14 655 Northgate Drive 76.00$ 75.00$ 56.25$ 18.75$ -$ 19-15 308 Lake Drive 85.80$ 50.50$ 37.88$ 12.63$ 4,700.00$ 19-16 615 Shady Creek Drive 189.80$ 110.50$ 82.88$ 27.63$ 15,000.00$ 19-17 120 Lewis Avenue W. 76.00$ 75.00$ 56.25$ 18.75$ -$ 19-18 343 Perch Lane 76.00$ 75.00$ 56.25$ 18.75$ -$ 19-19 170-1st Street S. 76.00$ 75.00$ 56.25$ 18.75$ 7,000.00$ 19-20 341-1st Street S. 76.00$ 75.00$ 56.25$ 18.75$ 5,000.00$ 19-21 641-2nd Street S. 167.35$ 99.00$ 74.25$ 24.75$ 8,000.00$ 19-22 536-4th Street N. 158.60$ 92.50$ 69.38$ 23.13$ 12,320.00$ 19-23 449 Northgate Drive 90.80$ 50.50$ 37.88$ 12.63$ 5,000.00$ 19-24 145-1st Street N. 136.30$ 50.50$ 37.88$ 12.63$ 4,560.00$ 19-25 115 Linden Avenue E. 76.00$ 75.00$ 56.25$ 18.75$ 7,000.00$ 19-26 152 George Avenue E. 85.80$ 50.50$ 37.88$ 12.63$ 4,750.00$ 19-27 111 McLeod Avenue E. 76.00$ 75.00$ 56.25$ 18.75$ 6,000.00$ 19-28 121 Main Avenue W. 231.40$ 134.50$ 100.88$ 33.63$ 19,320.00$ 19-29 141-5th Street S. 76.00$ 75.00$ 56.25$ 18.75$ 32,558.00$ 19-30 114 Andy Avenue W. 106.60$ 62.50$ 46.88$ 15.63$ 7,000.00$ 19-31 442 Lake Trail -$ -$ -$ -$ 180,000.00$ 19-32 444 Lake Trail -$ -$ -$ -$ 180,000.00$ 19-33 440-1st Street N. 76.00$ 75.00$ 56.25$ 18.75$ 5,000.00$ 19-34 417 Lake Drive 137.80$ 80.50$ 60.38$ 20.13$ 9,800.00$ 19-35 180 Westgate Drive 76.00$ 75.00$ 56.25$ 18.75$ 6,600.00$ 19-36 320-3rd Street S. 148.20$ 86.50$ 64.88$ 21.63$ 10,790.00$ 19-37 311 McLeod Avenue W. 412.70$ 238.00$ 178.50$ 59.50$ 40,000.00$ 19-38 121 Main Avenue W. 221.00$ 128.50$ 96.38$ 32.13$ 18,340.00$ 19-39 381 South Shore Drive 76.00$ 75.00$ 56.25$ 18.75$ 2,800.00$ 19-40 129 Linden Avenue E. 151.00$ 150.00$ 112.50$ 37.50$ 6,008.00$ 19-41 135-1st Street N. 169.00$ 98.50$ 73.88$ 24.63$ 13,000.00$ 19-42 311 McLeod Avenue W. 210.60$ 122.20$ 91.65$ 30.55$ 17,000.00$ 19-43 210-6th Street N. 484.03$ 278.50$ 208.88$ 69.63$ 49,000.00$ 19-44 314 Linden Avenue W. 301.75$ 175.00$ 131.25$ 43.75$ 26,000.00$ 19-45 520 Kingsley Street S. 96.20$ 56.50$ 42.38$ 14.13$ 6,260.00$ 19-46 411-6th Street N. 76.00$ 75.00$ 56.25$ 18.75$ 10,000.00$ 19-47 510-2nd Street S. 59.25$ 38.50$ 28.88$ 9.63$ 3,000.00$

TOTALS 6,461.78$ 4,300.20$ 3,225.15$ 1,075.05$ 868,312.00$

September, 2019 Page 1 of 1

% of YTDBudget

*Revenue SummaryCITY OF WINSTED 10/11/19 11:12 AM

Page 1

FUND Description YTD Balance2019 YTD

AmtAugust 2019

Amt2019 YTD

Budget

101 GENERAL FUND $1,966,914.00 $36,338.14 $1,102,927.65 $863,986.35 56.07%

102 FORFEITURE FUND $0.00 $0.00 $335.00 -$335.00 0.00%

401 INDUSTRIAL PARK PROPERTY $0.00 $0.00 $0.00 $0.00 0.00%

402 KINGSLEY STREET IMPROVE $0.00 $0.00 $0.00 $0.00 0.00%

407 E.D.A. $0.00 $0.00 $107,005.60 -$107,005.60 0.00%

408 REVOLVING LOAN FUND $0.00 $0.00 -$107,005.60 $107,005.60 0.00%

410 T.I.F. DISTRICT #2-7 $0.00 $0.00 $5,292.79 -$5,292.79 0.00%

450 MCLEOD AVENUE IMPROVEM $0.00 $0.00 $0.00 $0.00 0.00%

529 GO CIP BOND - 2006 $0.00 $0.00 $0.00 $0.00 0.00%

530 EDA LEASE REVENUE BONDS $81,260.00 $0.00 $0.00 $81,260.00 0.00%

531 GO BONDS 2007-NEW CITY H $0.00 $0.00 $0.00 $0.00 0.00%

532 GO EQUIPMENT CERTIFICATE $0.00 $0.00 $0.00 $0.00 0.00%

533 GO BONDS 2008 - NEW CITY H $0.00 $0.00 $0.00 $0.00 0.00%

534 GO REFUNDING BONDS - 2008 $0.00 $0.00 $0.00 $0.00 0.00%

535 GO CROSSOVER REFUND BO $206,000.00 $0.00 $114,442.93 $91,557.07 55.55%

536 G.O. IMPROVEMENT BONDS-2 $63,764.53 $0.00 $33,033.36 $30,731.17 51.81%

537 G.O. IMPROV/REFUND BONDS $72,214.00 $0.00 $39,233.60 $32,980.40 54.33%

538 GO EQUIPMENT CERTIFICATE $0.00 $0.00 $0.00 $0.00 0.00%

600 CAPITAL IMPROVEMENT FUN $305,095.00 $7,467.04 $66,955.33 $238,139.67 21.95%

601 WATER FUND $399,194.92 $30,648.24 $249,069.04 $150,125.88 62.39%

602 SEWER FUND $867,048.61 $97,931.86 $737,067.62 $129,980.99 85.01%

603 REFUSE (GARBAGE) FUND $0.00 $0.00 $0.00 $0.00 0.00%

610 AIRPORT IMPROVEMENT FEE $7,272.00 $200.00 $7,200.00 $72.00 99.01%

612 AIRPORT FUND $73,786.96 $4,451.36 $41,426.09 $32,360.87 56.14%

614 CABLE TV FUND $0.00 $0.00 $0.00 $0.00 0.00%

615 AIRPORT IMPROVE PROJECT- $0.00 $97,627.25 $307,898.15 -$307,898.15 0.00%

620 PLANNING-DEVELOPMENT $0.00 $0.00 $0.00 $0.00 0.00%

621 DEVELOPER ESCROW $0.00 $0.00 $3,000.00 -$3,000.00 0.00%

631 WESTGATE IMPROVEMENTS- $0.00 $0.00 $0.00 $0.00 0.00%

640 INDUSTRIAL BLVD RECLAMAT $0.00 $0.00 $0.00 $0.00 0.00%

703 FIRE DEPT FUND $234,859.49 $3,077.62 $92,076.94 $142,782.55 39.21%

704 FIRE EQUIPMENT FUND $84,607.00 $0.00 $15,778.37 $68,828.63 18.65%

800 SEWER REALIGNING FUND $0.00 $0.00 $0.00 $0.00 0.00%

801 WINSTED SUMMER FESTIVAL $0.00 $0.00 $0.00 $0.00 0.00%

802 WHATUP $0.00 $0.00 $300.00 -$300.00 0.00%

803 VETERANS MEMORIAL $0.00 $40,000.00 $60,000.00 -$60,000.00 0.00%

FILTER: None

$4,362,016.51 $317,741.51 $2,876,036.87 $1,485,979.64 65.93%

*Expenditure SummaryCITY OF WINSTED 10/11/19 11:13 AM

Page 1

FUND DescriptionEnc

Current YTD Balance%

YTD Budget2019 YTD Amt

August 2019 Amt

2019 YTD Budget

101 GENERAL FUND $113,818.34$1,936,880.29 $909,169.39 $0.00 $1,027,710.90 46.94%

102 FORFEITURE FUND $0.00$6,000.00 $304.50 $0.00 $5,695.50 5.08%

401 INDUSTRIAL PARK PROPERTY $0.00$0.00 $1,641.50 $0.00 -$1,641.50 0.00%

402 KINGSLEY STREET IMPROVE $0.00$0.00 $0.00 $0.00 $0.00 0.00%

407 E.D.A. $0.00$0.00 $7,598.00 $0.00 -$7,598.00 0.00%

408 REVOLVING LOAN FUND $0.00$0.00 $0.00 $0.00 $0.00 0.00%

410 T.I.F. DISTRICT #2-7 $4,827.95$0.00 $4,827.95 $0.00 -$4,827.95 0.00%

450 MCLEOD AVENUE IMPROVEM $7,288.50$0.00 $25,956.66 $0.00 -$25,956.66 0.00%

529 GO CIP BOND - 2006 $0.00$0.00 $0.00 $0.00 $0.00 0.00%

530 EDA LEASE REVENUE BONDS $0.00$81,260.00 $15,630.00 $0.00 $65,630.00 19.23%

531 GO BONDS 2007-NEW CITY H $0.00$0.00 $0.00 $0.00 $0.00 0.00%

532 GO EQUIPMENT CERTIFICATE $0.00$0.00 $0.00 $0.00 $0.00 0.00%

533 GO BONDS 2008 - NEW CITY H $0.00$0.00 $0.00 $0.00 $0.00 0.00%

534 GO REFUNDING BONDS - 2008 $0.00$0.00 $0.00 $0.00 $0.00 0.00%

535 GO CROSSOVER REFUND BO $0.00$209,067.50 $32,033.75 $0.00 $177,033.75 15.32%

536 G.O. IMPROVEMENT BONDS-2 $0.00$61,265.00 $5,632.50 $0.00 $55,632.50 9.19%

537 G.O. IMPROV/REFUND BONDS $0.00$72,214.00 $69,820.00 $0.00 $2,394.00 96.68%

538 GO EQUIPMENT CERTIFICATE $0.00$0.00 $38,125.00 $0.00 -$38,125.00 0.00%

600 CAPITAL IMPROVEMENT FUN $21,381.69$163,006.00 $31,386.58 $0.00 $131,619.42 19.25%

601 WATER FUND $15,852.48$369,316.39 $263,413.42 $0.00 $105,902.97 71.32%

602 SEWER FUND $98,853.37$878,434.96 $740,785.59 $0.00 $137,649.37 84.33%

610 AIRPORT IMPROVEMENT FEE $0.00$0.00 $0.00 $0.00 $0.00 0.00%

612 AIRPORT FUND $3,348.07$75,384.61 $40,066.20 $0.00 $35,318.41 53.15%

614 CABLE TV FUND $0.00$0.00 $0.00 $0.00 $0.00 0.00%

615 AIRPORT IMPROVE PROJECT- $23,032.00$0.00 $183,614.86 $0.00 -$183,614.86 0.00%

620 PLANNING-DEVELOPMENT $0.00$0.00 $0.00 $0.00 $0.00 0.00%

631 WESTGATE IMPROVEMENTS- $0.00$0.00 $0.00 $0.00 $0.00 0.00%

640 INDUSTRIAL BLVD RECLAMAT $0.00$0.00 $236.00 $0.00 -$236.00 0.00%

703 FIRE DEPT FUND $10,480.91$206,812.01 $60,969.58 $0.00 $145,842.43 29.48%

704 FIRE EQUIPMENT FUND $12,821.87$53,125.00 $15,515.56 $0.00 $37,609.44 29.21%

800 SEWER REALIGNING FUND $2,419.00$0.00 $4,629.00 $0.00 -$4,629.00 0.00%

801 WINSTED SUMMER FESTIVAL $0.00$0.00 $6,673.72 $0.00 -$6,673.72 0.00%

802 WHATUP $248.17$0.00 $955.40 $0.00 -$955.40 0.00%

803 VETERANS MEMORIAL $71,732.51$0.00 $115,682.86 $0.00 -$115,682.86 0.00%

FILTER: None

$386,104.86$4,112,765.76 $2,574,668.02 $0.00 $1,538,097.74 62.60%

*Check Summary Register©

CITY OF WINSTED 10/11/19 1:15 PM

Page 1

Cks 10/1/2019 - 10/11/2019

Name Check Date Check Amt

10100 CBW

Paid Chk# 002565E RevTrak, Inc. 10/2/2019 $710.37 Credit Card Processing Fee

Paid Chk# 002566E Security Bank & Trust Company 10/2/2019 $4.00 NSF Fee-Returned Check

Paid Chk# 002567E SW/WC Service Cooperatives 10/2/2019 $9,931.50 Employer Health Ins. Premium-O

Paid Chk# 002568E The Hartford 10/2/2019 $340.52 STD/LTD/Life Insurance Premium

Paid Chk# 002569E First Data Express 10/2/2019 $30.99 Cr. Cd. Fuel Sys. Proc. Fees

Paid Chk# 002570E CTS Holdings, LLC 10/2/2019 $51.10 Cr. Cd. Fuel Sys. Proc. Fees

Paid Chk# 002571E Security Bank & Trust Company 10/2/2019 $31.88 ACH Bank Fees

Paid Chk# 002572E IRS-FEDERAL WITHHOLDING 10/4/2019 $1,781.73 Federal Withholding - P.P. #20

Paid Chk# 002573E IRS-FICA 10/4/2019 $2,698.12 Medicare/S.S. - P.P. #20

Paid Chk# 002574E MN DEPARTMENT OF REVENUE 10/4/2019 $941.43 State Withholding - P.P. #20

Paid Chk# 002575E PERA 10/4/2019 $4,573.74 Retirement Contribution - P.P.

Paid Chk# 002576E MN Dept. of Labor & Industry 10/9/2019 $275.76 2019 - 3rd Quarter Building Pe

Paid Chk# 026856 Alert-All Corp. 10/11/2019 $2,139.45 FD-Prevention Supplies

Paid Chk# 026857 B & B Tire and Auto, LLC 10/11/2019 $137.82 PD-Vehicle Maintenance/2016 Fo

Paid Chk# 026858 Banyon Data Systems, Inc. 10/11/2019 $3,070.00 Payroll, Fund Accounting, Fixe

Paid Chk# 026859 Bolton & Menk, Inc. 10/11/2019 $46,162.30 Engineering-McLeod Avenue Reco

Paid Chk# 026860 Center Point Energy 10/11/2019 $219.27 Utilities-Gas/Northgate Genera

Paid Chk# 026861 Central McGowan, Inc. 10/11/2019 $93.94 Water-Supplies

Paid Chk# 026862 Cintas Corporation 10/11/2019 $260.34 PW-Uniforms

Paid Chk# 026863 CIT 10/11/2019 $144.00 PD-IT Eric Frydenlund Onsite 0

Paid Chk# 026864 Citizens State Bank of Waverly 10/11/2019 $2,455.68 H.S.A. Contribution-P.P. #20

Paid Chk# 026865 Compass Minerals America Inc. 10/11/2019 $12,694.70 PW-Snow Removal Supplies

Paid Chk# 026866 Culligan of Buffalo 10/11/2019 $66.35 PW Garage-Water Cooler Rental

Paid Chk# 026867 DDA Human Resources, Inc. 10/11/2019 $2,100.00 Continuing Disclosure Reportin

Paid Chk# 026868 DPC Industries, Inc. 10/11/2019 $1,782.75 Water-Equipment

Paid Chk# 026869 Farm-Rite Equipment, Inc. 10/11/2019 $14.31 PW-Vehicle Repair Supplies

Paid Chk# 026870 Steve and Pam Fiecke 10/11/2019 $70.00 Royalty Float-Storage Lease/Oc

Paid Chk# 026871 Gavin,Janssen & Stabenow, LTD 10/11/2019 $1,944.00 PD-Legal Fees

Paid Chk# 026872 Glenn's Super Valu Foods 10/11/2019 $10.44 PW-Office Supplies

Paid Chk# 026873 Gopher State One Call 10/11/2019 $72.90 Locate Fees

Paid Chk# 026874 Greater MN Communications 10/11/2019 $6,904.12 Veterans Memorial Project

Paid Chk# 026875 Hanson & Vasek Construction 10/11/2019 $8,600.00 PW-Street Repair/Curb and Driv

Paid Chk# 026876 Herald Journal Publishing, Inc 10/11/2019 $111.44 Annual Herald Journal Subscrip

Paid Chk# 026877 Madison Hertzog 10/11/2019 $25.00 Video Camera Recording/10-01-1

Paid Chk# 026878 Hillyard/Hutchinson 10/11/2019 $108.37 FD-Cleaning Supplies

Paid Chk# 026879 Holt Motors 10/11/2019 $1,979.84 PW-Vehicle Repair/1999 Ster L8

Paid Chk# 026880 IIMC 10/11/2019 $195.00 Annual Membership-Kirchoff

Paid Chk# 026881 Jerry's Transmission Service 10/11/2019 $291.39 FD-Vehicle Repair/2000 Frei Pu

Paid Chk# 026882 Caresa Kosek 10/11/2019 $510.00 PW-Janitorial Contract-10/07/1

Paid Chk# 026883 LMCIT 10/11/2019 $530.00 Parks-2019 Property and Liabil

Paid Chk# 026884 Mathews Lawn Service 10/11/2019 $3,269.84 Mow and Trim Skydive Jumpsite/

Paid Chk# 026885 Medics Training, Incorporated 10/11/2019 $1,175.00 PD-EMR/EMT Course-4 Members on

Paid Chk# 026886 Medtox Laboratories, Inc. 10/11/2019 $35.14 FD-New Firefighter Drug Testin

Paid Chk# 026887 Capital One Commercial 10/11/2019 $231.12 Water-Sump Pump

Paid Chk# 026888 MN Computer Systems, Inc. 10/11/2019 $257.74 Overage Copy Charges

Paid Chk# 026889 Municipal Development Group 10/11/2019 $395.00 Planning and Zoning Consultant

*Check Summary Register©

CITY OF WINSTED 10/11/19 1:15 PM

Page 2

Cks 10/1/2019 - 10/11/2019

Name Check Date Check Amt

Paid Chk# 026890 Northern Air Corporation 10/11/2019 $2,783.75 CH-HVAC/Htg.Maint.Contract

Paid Chk# 026891 Northern Business Products 10/11/2019 $20.00 CH-Office Supplies

Paid Chk# 026892 Northern Safety Co., Inc. 10/11/2019 $440.28 Sewer-Safety Equipment

Paid Chk# 026893 Nuss Truck & Equipment 10/11/2019 $1,933.92 Sewer-Vehicle Repair

Paid Chk# 026894 Pauly's Plumbing & HVAC, Inc. 10/11/2019 $368.50 City Hall-Repair to Water Soft

Paid Chk# 026895 Plunkett's Pest Control 10/11/2019 $95.53 Pest Control/August-September,

Paid Chk# 026896 Quality Flow Systems, Inc. 10/11/2019 $940.00 PW-Storm Sewer Supplies/Motor

Paid Chk# 026897 Ridgeview Clinics 10/11/2019 $42.00 FD-Pre-Employment Testing

Paid Chk# 026898 RITEWAY BUSINESS FORMS & D 10/11/2019 $98.64 City Hall-Office Supplies/Enve

Paid Chk# 026899 TriMark 10/11/2019 $308.05 City Hall-Supplies

Paid Chk# 026900 Streicher's 10/11/2019 $459.93 PD-2019 Uniform Allowance/Lamm

Paid Chk# 026901 United Locating Services 10/11/2019 $1,470.00 Locate Fees

Paid Chk# 026902 Volunteer Firefighters Benefit 10/11/2019 $169.00 FD-Annual Renewal/21 Members

Paid Chk# 026903 Winsted Farmers Co-op 10/11/2019 $945.89 FD-Truck Fuel

Paid Chk# 026904 ZEP Sales and Service 10/11/2019 $498.77 PW-Supplies

Paid Chk# 503540E Bi-Weekly ACH 10/4/2019 $17,882.73

Total Checks $147,885.38

FILTER: None

Meeting Date: October 15, 2019 Submitted By: Adam Birkholz, City Administrator City Council Request Subject: Ordinance O-19-03: Utilities Ordinance Amendments BACKGROUND: A complete revision of the city’s Utilities Ordinance, Chapter Three (3) of the Winsted Municipal Code, has been prepared in coordination with City staff, the City Engineer and the League of Minnesota Cities. The City initiated the process in 2009 to review and consider possible amendments to portions of the utilities ordinance to align with State statute and current policies and procedures. The current ordinance was distributed to the City Administrator, City Clerk-Treasurer, and Public Works Department to solicit their comments on possible language changes. The input collected was used in conjunction with recommendations from the League of Minnesota Cities and City Engineer in creating the proposed ordinance. After a review and further updates in 2019, the proposed new language was sent to the City Council, City Engineer and City Attorney for their comments. The proposed ordinance language defines several areas related to water and sewer service specifically, including: Ownership of Municipal Utilities, Rules and Regulations, Connections, Billing Procedures, and more. Final comments and review of the proposed amendments have been completed by City staff, the City Attorney, the City Engineer, and the City Council. City staff recommends the Council adopt the amended ordinance following a public hearing to receive comments from residents and property owners. FINANCIAL/BUDGET: None. This item has no financial or budget impacts. OPTIONS: 1) Adopt Ordinance O-19-03, amending various sections of Chapter Three (3) of the Municipal

Code of the City of Winsted, regulating utilities in the City of Winsted. 2) Other.

RECOMMENDATION: 1) Adopt Ordinance O-19-03, amending various sections of Chapter Three (3) of the Municipal

Code of the City of Winsted, regulating utilities in the City of Winsted. COUNCIL ACTION: Consider a motion to adopt Ordinance O-19-03, amending various sections of Chapter Three (3) of the Municipal Code of the City of Winsted, regulating utilities in the City of Winsted. ATTACHMENTS: 1) Ordinance O-19-03

ORDINANCE O-19-03

AN ORDINANCE AMENDING PORTIONS OF CHAPTER 3 (UTILITIES) OF THE MUNICIPAL CODE OF THE CITY OF WINSTED.

THE CITY COUNCIL OF THE CITY OF WINSTED, MCLEOD COUNTY, MINNESOTA, DOES HEREBY ORDAIN:

SECTION 1

301.001 DEFINITIONS

For the purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: Account. A record of utility services used by each property and the periodic costs for those utility services.

City. The City of Winsted, County of McLeod, State of Minnesota.

City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer and water service.

County. The County of McLeod, State of Minnesota

County Auditor. The Auditor for the County of McLeod, State of Minnesota. State. The State of Minnesota.

Utility Rate Schedule. A schedule of all utility rates and charges set by ordinance by the City Council.

Waterworks System. Water and sewer transmission pipes, lines, fixtures, meters and all necessary equipment and appurtenances owned or operated by the City utility system for the purpose of providing water and sewer services for public or private use.

301.002 OWNERSHIP OF MUNICIPAL UTILITIES

Ownership of all municipal utilities, plants, mains, extensions and appurtenances thereto, shall be and remain in the City and no person shall own any part or portion thereof. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership. Private property owners are responsible for the maintenance of sanitary sewer components from their property up to the main sewer line and including the wye connection to the public system. Private property owners are responsible for the maintenance of water components from their property up to the shut-off to the public system.

301.003 CONTRACTUAL CONTENTS

Provisions of this title relating to municipal utilities shall constitute portions of the contract between the City and all consumers of municipal utility services, and every consumer shall be deemed to assent to the same.

301.004 ADMINISTRATION AND ENFORCEMENT

A. Right of Entry. The City Council or other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation or testing, all in accordance with the provisions of this chapter. This includes inspection

3-2

of buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer systems. The City may allow for certification of compliance by a licensed plumber that has received the authority to do so by the City. The City may periodically reinspect any building or premise to determine compliance with the requirements of this chapter.

B. Safety. While performing the necessary work on private premises referred to in division A. above, the

duly authorized City employees shall observe all safety rules applicable to the premises established by the owner or the occupant.

C. Identification; Right to Enter Easements. The City Council or duly authorized employees of the

City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the utilities lying within the easement, all subject to the terms, if any, of that easement.

D. If the licensee, owner, resident, or other person in control of a premises objects to the inspection of or

entrance to the property, the City Administrator, Peace Officer, or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.

301.005 PUBLIC NUISANCES; ABATEMENT; EMERGENCY ABATEMENT

A. Public Nuisance. The violation of any provision of this code, shall constitute a public nuisance as that term is defined in this code of ordinances.

B. Abatement of Nuisance; No Immediate Danger. If it is determined that a public nuisance has been created, or is being maintained, by violation of this chapter (as set forth herein above), but that the nature of the nuisance is not so as to threaten great and immediate danger to the public health, safety, peace, morals or decency, written notice shall be served on the person causing or maintaining the nuisance to remove or correct the same (identifying the nature of the violation) within a specified reasonable time. The offender shall, within the period of time stated in the notice, abate the nuisance and permanently cease all violations.

C. Abatement of Nuisance; Immediate Danger. If it is determined that a public nuisance caused by

the violation of this chapter exists, and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor, City Administrator, City Engineer or Chief of Police may cause the same to immediately be abated, and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. If notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as a special assessment by resolution of the City Council.

301.006 RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES

A. Trespassing Upon Utility Equipment.

1. All persons are hereby forbidden to climb water towers of the utility system of the City of Winsted, or upon the roof of any treatment plant or wells of said utility system, except they shall be authorized to do so by duly authorized personnel of said City of Winsted, having said utilities system in charge.

3-3

2. No person shall place in, near or around any drinking fountain, any dirt, filth or any impurity

whatever, or any substance or fluid by which the water in such fountain shall be rendered impure or unpalatable.

B. Damaging Facilities. No person shall willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the utility facilities. Any person violating this section shall be subject to immediate arrest and punished as prescribed in this code.

C. Unlawful Acts.

1. It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb, or in any

way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility.

2. It is unlawful for any person to make any connection with, opening into, use, or alter in any way any municipal utility system without first having applied for and received written permission to do so from the City.

3. It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the City for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the City.

4. It is unlawful for any person to “jumper” or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge.

D. Taking Services Without Authority; Violations. It is hereby declared a violation of this chapter for

any person to take any service described in this chapter without proper authority therefore or for any violation of this chapter and upon conviction thereof in addition to other penalties provided herein, shall be punishable as provided in section E.

E. Violation. Any persons who violate any of the provisions of this code when performing an act

thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as a misdemeanor except as otherwise stated in specific provisions hereof.

3-4

SECTION 2

302.001 WATER AND SEWER CONNECTIONS.

All of the following utility connection provisions shall apply to all districts within the City: A. Mandatory Connection. The owner(s) of all houses, buildings, or properties used for human

occupancy, employment, recreation or other purposes from which wastewater is discharged and which is situated within the City and adjacent to any street, alley, or right-of-way in which there is now located, or may in the future be located, a water service connection or public sanitary sewer of the City, shall at his or her expense, be required to install a suitable service connection to the public water and sewer lines, in accordance with provisions of this Code, within thirty (30) days of the date said public water and sewer is operational, provided said public water and sewer is within one thousand (1,000) feet of the structure generating water and wastewater. All service connections shall be made and installed according to regulations established by the City. Any new connection to the waterworks system shall be prohibited unless sufficient water capacity is available.

1. State Plumbing Code; Compliance Required. All piping, connections and appurtenances shall be

installed and performed strictly in accordance with the State of Minnesota Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections, shall, upon discovery by the City, be grounds for termination of water and sewer service to any user.

2. Each individually owned unit, excluding multiple family structures and manufactured homes, within the City of Winsted served by City utilities, shall be separately connected to the City main and metered individually. Any unit discovered to be connected in conjunction with another unit, shall be disconnected and reconnected by direct connection to the City main as soon as practically possible after notice by the City to the owner. All taps to the City main shall comply with this code.

3. No consumer shall supply water to others, nor suffer others to take water off his premises, or

otherwise sell water to other parties without the express written consent of the City Council.

B. Connection Fee. Connection fees or utility availability charges for water and sewer shall be adopted annually by the City Council. The availability charges shall be paid to the City before a building permit is issued unless other arrangements for the payment of the City unit are made and approved by the City. The City Council may approve the assessment of City connection charges on new or enlarged multiple residential, commercial or industrial buildings when the number of residential equivalent units is ten (10) or more. The City Council may assess the City connection charge on any dwelling or building when the installation of the City utility system is made after the construction of the dwelling or building. The rate of interest shall be set by the City Council.

1. A trunk water connection charge shall be adopted annually by the City Council; however, the

City Council may waive any portion of the charge at their discretion. 2. The City Council may adjust the above utility availability charges from time to time by amending

the fee schedule. 3. For the purpose of this Code, a “unit” shall be interpreted as follows:

single family residences each unit of a duplex, each unit of a townhome comprised as one unit, multiple family structures over two units, manufactured homes over two units, commercial, industrial and institutional structures shall be calculated as one unit per

address and may from time to time be adjusted.

3-5

4. The City Council shall have the power to waive any or all of the foregoing availability charges as a part of a residential development program or business subsidy and according to a development agreement with each particular developer for which the City finds there to be a benefit to the City by such a waiver.

C. Supervision of Connection. The applicant for the building permit shall notify the City when the building is ready for connection to the public water and sanitary sewer system. The connection shall be made under the supervision of the Public Works Supervisor or his designee.

D. Failure to Connect. If a connection is not made pursuant to Section 302.001 (A), an official thirty

(30) day notice shall be served instructing the affected owner to make said connection. In the event an owner fails to connect to a public water and sewer in compliance with notice, the City will undertake to have said connection made and shall assess the cost against the benefited property. Such assessment shall be certified to the Auditor of the County of McLeod, Minnesota, and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City shall be in addition to any remedial or enforcement provisions of this ordinance.

E. Abandoned Services. All service installations connected to the utility system that have been

abandoned or, for any reason that have become useless for further service shall be disconnected at the City’s discretion. The owner of the premises, served by this service, shall pay the cost of the excavation and restoration. The City shall perform an inspection of the disconnection. If a new building is constructed on a building site where there is access to a previously used existing service, and with utility department approval, a new connection may be made and the appropriate charges shall be made as if this were a new service. If the existing service does not meet the needs of the new building, or the new owner is not willing to take responsibility for the existing service, it shall be abandoned and a new service installed at the property owner’s expense. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing such pipe from the main. Also, the City shall correct such improper disposition and the cost incurred shall be borne by the person causing or allowing such work to be performed.

F. No claim shall be made against the City by reason of breaking or freezing of any service pipe or

service connection; nor if from any cause the supply of water shall fail; nor from damage arising from shutting off water to repair the mains, making the connections or extensions; nor for flushing or opening of hydrants; nor for any other purpose that may be deemed necessary. The City may cut off the supply at any time, for the purpose of repairs or any other necessary purpose, any permit granted, or regulation to the contrary notwithstanding. Whenever it shall become necessary to shut off water supply within any district of said City, the City Council, or its duly authorized agent, shall, if practicable, give notice to each consumer within said district, of the time when such supply shall be shut off.

302.002 ELECTRICAL POWER SYSTEMS.

All electrical power lines shall be located underground. All maintenance and service shall be the responsibility of the electric power supplier or its designated agent. Any and all meters or metering devices shall be attached to the main structure located on the premises.

302.003 TELEPHONE AND OTHER WIRE COMMUNICATION SYSTEMS.

Telephone and other wire communication systems shall be located underground. Exception to this would include only a central plant consisting of switching gear located at a central office. All maintenance and services shall be the responsibility of the supplier of services or his designated agent. The continuity of service of these systems is an especially important consideration in that they are relied upon in emergencies and disaster situations. As such, the design and operation of such systems shall be accomplished in such a way as to best serve the citizens of Winsted. Local customer loop circuits,

3-6

wherever possible, will be designed in such a way as to fit the pattern of the street system or easements along property lines. All extensions of services proposed into new subdivisions following the adoption of this ordinance shall be submitted to the Planning Commission for its review and recommendation, then forwarded to the City Council for approval or denial. The review by the Planning Commission and City Council shall be limited to matters pertaining to the location of circuits connecting each customer to a local central office. Should easements be required, the Planning Commission will recommend suitable locations and forward these recommendations to the City Council for approval. Meters or metering devices shall be attached to the main structure located on the premises served.

302.004 GAS SYSTEMS.

Gas systems include those installations and functions required to convey gas from source to customer. The primary elements of the gas system include gathering systems facilities, including processing and compression stations, transmission lines installed for the purpose of transmitting to one or more distribution centers to the customer meters. All primary and secondary distribution systems shall be located underground. All maintenance and service shall be the responsibility of the gas system supplier or his designated agent. Where feasible, all distribution systems shall be designed in a loop pattern so as to provide service for more than one direction in case of failure in one part of the system. All gas mains shall be laid by direct burial under streets, sidewalks, or parking strips with service connections provided by taps and valve branches. Meters or metering devices shall be attached to the main structure located on the premises.

3-7

SECTION 3

303.001 METERS.

A. Meter. Prior to connecting to the City’s water and sewer system, a water meter shall be installed on owner’s source of water. The readings on said water meter shall be used by the City as one or all of the means of determining user’s water and sewer bill.

B. Installation of a Radio Read Meter. The City reserves the right to enter any property at any time to install a radio read meter for any property owner who fails to read their water meter at the cost of the property owner. The meter shall be installed at the discretion of the Public Works Department.

C. Fees. The City Council shall establish meter fees to be charged to customers for water meters, and

payment of the meter fee shall be made in advance before delivery and installation of the meter. Such fees shall not be refunded upon change of ownership of the property served, but may be transferred to a subsequent owner if the meter is in good operating condition. All water meters shall be and remain the property of the City and may be removed, replaced or changed as to size and type by the City whenever deemed necessary. Meters shall be available for inspection and testing at reasonable times by authorized City personnel.

D. Inspection. Owner (s) shall allow an employee of the City or their designated representative, bearing

proper credentials and identifications, to inspect at reasonable hours of the day to all parts of every building and premises connected with the City water supply system, in order to read meters, replace meters and make inspections. Any person refusing to allow their property to be inspected shall immediately become subject to all fees and charges as adopted annually by the City Council and water and sewer service will be shut off.

E. Meter Maintenance. The City shall maintain and repair all meters when rendered unserviceable

through ordinary wear and tear and shall replace them if necessary.

F. Damage to Meter. Where replacement, repair or adjustment of any meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of the premises, the owner of the premises where such meter is installed shall pay for the cost of repairing such meter or for the cost of a new meter, whichever shall be less. If the owner is in default, the City may turn the water supply off at said property until the cause is corrected and charges collected.

G. Nonmetered Water, Estimated Amount. If it is not possible to meter water used in certain

circumstances such as, but not limited to, temporary disconnected or defective meters or use of water from City hydrants with permission of the City, the City Clerk-Treasurer or designee, may estimate the amount used during that period using any reasonable method for determining such amount, but in no event shall the charge be less than the minimum amount as established by the City Council.

H. Penalty. No person, unless properly authorized by the City, shall connect, disconnect, remove, repair

or otherwise disturb any water meter. It shall be a misdemeanor for any person to intentionally remove the seal from a water meter. Any person, property owner or other legal entity violating any term or condition of this section may be charged with a misdemeanor, punishable by such amount of jail time or fine, or both, as prescribed by law in Minnesota Statutes. In addition, violating any term or condition of this section, the violator(s) may be subject to additional fees and penalties, as prescribed by the City Council.

3-8

SECTION 4

304.001 ACCOUNTS.

A. Application for Service. All applications for water, sewer, and other utility services as authorized by the City Council shall be made to the City on forms prescribed by the City and shall contain the name of the owner, property address and signature of the applicant. Every person applying for water and/or sewer service, and every owner of property for which such application is made, shall be deemed by such application to consent to this section and all ordinances, rules and regulations of the City relating to the municipal water and sewer systems.

B. Accounts in Name of Owner. All accounts shall be carried in the name of the owner who personally,

or by his or her authorized agent, applied for such services. The City, at its option, upon request of the owner or applicant, may, for the convenience of billing, send bills in the name and address of the agent or tenant of the owner. The owner shall at all times be liable for water, sewer, and other utility services as authorized by the City Council supplied to the property, whether he or she is occupying the property or not, and any unpaid charges shall be certified to the Auditor of the County of McLeod, State of Minnesota.

C. Account Information. The owner or occupant of any premises shall supply the City with such

information as it may reasonably require relating to all utilities as authorized by the City Council. Willful failure to provide such information, willful falsification of such information, or willful failure to comply with any requirement or order issued pursuant to this section constitutes a violation of this section, which will result in the City’s right to terminate utility service until such time as requirements of this section are met.

3-9

SECTION 5

305.001 UTILITY RATE SCHEDULE AND CHARGE SYSTEM.

A. A Utility Rate Schedule shall be adopted annually by the City Council.

B. Certification. City ordinance shall also establish the number of certification cycles per year. At least one certification cycle will be timed each year to coincide with McLeod County’s requirements for certification to the following year’s taxes. Additional certification cycles may be set at the same time as the annual fee schedule ordinance. The City Council shall establish one or more certification cut-off dates. All City utility accounts, unless exempt for other legal reasons, which have been billed a delinquent bill and remain unpaid as of the certification cut-off date, shall have the balance on the account included in a preliminary certification list.

C. Establishment of Utility Charge System.

1. A utility service charge system is hereby established whereby all revenue collected from users of

water and sewer facilities will be used to pay all expenditures incurred for annual operation, maintenance, replacement and debt service on capital expenditures incurred in constructing the waterworks and sewer facilities.

2. Each user shall pay its proportionate share of operation, maintenance and replacement costs of the

facilities, based on the user’s proportionate use of the waterworks and sewer systems. 3. Each user shall pay debt service charges to retire local capital costs, as determined by the City. 4. Revenues collected for water and sewer service shall be deposited in separate funds. Revenues

collected will be expended to offset the cost of operation, maintenance and equipment replacement for the facilities and to retire the debt for capital expenditure.

D. Establishment of Fees, Rates and Charges. All fees, rates or charges of any kind or however

described as set forth, referred to or contemplated by this ordinance, may be established, modified or changed from time to time by the City Council and shall be effective as of the date set forth in such ordinance or resolution. The establishment of such fees, rates, or charges by the City Council shall supersede any such fees, rates, or charges that may be set forth in this ordinance as of the date of the adoption of the Code.

E. Sewer Use Measurement. Sewer users are served by water utility water meters. There is hereby

levied and assessed upon each lot, parcel of land, building or premises having a connection with the wastewater collection system and being served with water solely by the water utility, a sewer service charge based, in part, on the quantity of water used, as measured by the water utility water meter used upon the premises.

F. Other Water Usage. Parties wishing the use of City water for the purpose of flushing sewers,

building purposes, concrete work or other purposes where water is taken from hydrants, shall make application to the City Clerk-Treasurer’s Office, who shall furnish water for such purposes at its convenience upon at least 24 hours-notice. Public Works Department personnel shall make an estimate of the value of the water used and for the use of hose, according to the schedule established by the City Council for bulk water rates, and his or her time, and shall immediately provide a statement of water statements to the City Clerk-Treasurer.

3-10

SECTION 6

306.001 ESTABLISHING A SEWER SERVICE CHARGE SYSTEM. A. An Ordinance providing for Sewer Service Charges to recover costs associated with:

1. Operation, maintenance, and replacement to ensure effective functioning of the City's Wastewater Treatment System.

2. Local capital costs incurred in the construction of the City's Wastewater Treatment System.

(Ord. 85-03, Intro, 8/19/85)

B. Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as hereafter designated:

1. "Administration" - Those fixed costs attributable to administration of the wastewater treatment works (i.e., billing and associated bookkeeping and accounting costs). 2. "Biochemical Oxygen Demand or BOD5" - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20o C, expressed in milligrams per liter. 3. "City" - The area within the corporate boundaries of the City of Winsted, as presently established or as amended by Ordinance or other legal actions at a future time. When used therein the term City may also refer to the City Council or its authorized representative. 4. "Commercial User" - Any place of business which discharges sanitary waste as distinct from industrial wastewater. 5. "Commercial Wastewaters" - Domestic wastewater emanating from a place of business as distinct from industrial wastewater. 6. "Debt Service Charge" - A charge levied on users of wastewater treatment facilities for the cost of repaying money bonded to construct said facilities. 7. "Normal Domestic Strength Wastewater" - Wastewater that is primarily produced by residential users, with BOD5 concentrations not greater than 242 mg/1 and suspended solids concentrations not greater than 269 mg/1. 8. "Extra Strength Waste" - Wastewater having BOD and/or Total Suspended Solids (TSS) greater than

domestic waste was defined in 306.001.B.7. above and not otherwise classified as an incompatible waste.

9. "Governmental User" - Users which are units, agencies or instrumentalities of federal, state, or local government discharging Normal Domestic Strength Wastewater. 10. "Incompatible Waste" - Waste that either singly or by interaction with other wastes interferes with

any waste treatment process, constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in the receiving waters of the wastewater treatment works.

11. "Industrial Users or "Industries" are:

a) Entities that discharge into a publicly owned wastewater treatment works, liquid wastes resulting

from the processes employed in industrial or manufacturing processes, or from the development

3-11

of any natural resources. These are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A. Agriculture, Forestry and Fishing Division B. Mining Division D. Manufacturing Division E. Transportation, Communications, Electric, Gas, and Sanitary Sewers Division I. Services

For the purpose of this definition, domestic waste shall be considered to have the following characteristics:

BOD5 Less than 242 mg/1 Suspended Solids Less than 269 mg/1

b) Any nongovernmental user of a publicly owned treatment works which discharges wastewater to

the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

12. "Industrial Wastewater" - The liquid processing wastes from an industrial manufacturing process, trade, or business including but not limited to all Standard Industrial Classification Manual Divisions A, B, D, E and I manufacturers as distinct from domestic wastewater.

13. "Institutional User" - Users other than commercial, governmental, industrial or residential users, discharging primarily Normal Domestic Strength wastewater (e.g. Non-profit organizations). 14. "Operation and Maintenance" - Activities required to provide for the dependable and economical functioning of the treatment works, throughout the design or useful life, whichever is longer of the treatment works, and at the level of performance for which the treatment works were constructed. Operation and Maintenance includes replacement. 15. "Operation and Maintenance Costs" - Expenditures for operation and maintenance, including replacement. 16. "Public Wastewater Collection System" - A system of sanitary sewers owned, maintained, operated and controlled by the City. 17. "Replacement" - Obtaining and installing of equipment, accessories, or appurtenances which are necessary during the design life or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed. 18. "Replacement Costs" - Expenditures for replacement. 19. "Residential User" - A user of the treatment facilities whose premises or building is used primarily as a residence for one or more persons, including dwelling units such as detached and semi-detached housing, apartments, and mobile homes; and which discharges primarily normal domestic strength sanitary wastes. 20. "Sanitary Sewer" - A sewer intended to carry only liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.

3-12

21. "Sewer Service Charge" - The aggregate of all charges, including charges for operations, maintenance, replacement, debt service, and other related charges that are billed periodically to users of the City's wastewater treatment facilities. 22. "Sewer Service Fund" - A fund into which income from Sewer Service Charges is deposited along

with other income, including taxes intended to retire debt incurred through capital expenditure for wastewater treatment. Expenditure of the Sewer Service Fund will be for operation, maintenance and replacement costs; and to retire debt incurred through capital expenditure for wastewater treatment.

23. "Shall" is mandatory; "May" is permissive. 24. "Slug" - Any discharge of water or wastewater which is concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works. 25. "Standard Industrial Classification Manual" - Office of Management and Budget, 1972. 26. "Suspended Solids (SS) or Total Suspended Solids (TSS)" - The total suspended matter that either floats on the surface or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater", latest edition, and referred to as non-filterable residue. 27. "Toxic Pollutant" - The concentration of any pollutant or combination of pollutants as defined in

standards issued pursuant to Section 307(a) of the Federal Water Pollution Control Act also known as the Clean Water Act 33 U.S.C. §§ 1251 et. seq. “Act”, which upon exposure to or assimilation into any organism will cause adverse effects.

28. "User Charge" - A charge levied on users of a treatment works for the user's proportionate share of the cost of operation and maintenance, including replacement. 29. "Users" - Those residential, commercial, governmental, institutional and industrial establishments which are connected to the public sewer collection system. 30. "Wastewater" - The spent water of a community, also referred to as sewage. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface waste and storm water that may be present. 31. "Wastewater Treatment Works or Treatment Works" - An arrangement of any devices, facilities, structures, equipment, or processes owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage or industrial wastewater, or structures necessary to recycle or reuse water including interceptor sewers, outfall sewers, collection sewers, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works including land which is an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

(Ord. 85-03, Sections 1.01 to 1.31, 8/19/85)

3-13

C. Establishment of a Sewer Service Charge System

1. The City of Winsted hereby establishes a Sewer Service Charge System whereby all revenue collected from users of the wastewater treatment facilities will be used to affect all expenditures incurred for annual operation, maintenance, and replacement and for debt service on capital expenditure incurred in construction of the wastewater treatment works.

2. Each user shall pay its proportionate share of operation maintenance and replacement costs of the treatment works, based on the users proportionate contribution to the total wastewater loading from all users. 3. Each user shall pay debt service charges to retire local capital costs as determined by the City Council. 4. Sewer Service rates and charges to users of the wastewater treatment facility shall be determined and

fixed in a "Sewer Service Charge System" developed according to the provisions of this Ordinance. 5. Revenues collected for Sewer Service shall be deposited in a separate fund known as "The Sewer

Service Fund". Income from revenues collected will be expended to offset the cost of operation, maintenance and equipment replacement for the facility and to retire the debt for capital expenditure.

6. Sewer Service Charges and the Sewer Service Fund will be administered in accordance with the

provisions of 306.001.F. of this Ordinance. (Ord. 85-03, Sections 2.01 to 2.06, 8/19/85)

D. Determination of Sewer Service Charges.

1. Users of the City of Winsted wastewater treatment works shall be identified as belonging to one of the following User Classes:

a) Residential b) Commercial c) Industrial

d) Institutional e) Governmental

The allocation of users of these categories for the purpose of assessing User Charges and Debt Service Charges shall be the responsibility of the City Clerk-Treasurer, or designee. Allocation of users to User Classes shall be based on the substantive intent of the definitions of these Classes contained herein.

2. The user shall pay Operation, Maintenance and Replacement (OM&R) costs in proportion to the

user's proportionate contribution of wastewater flows and loadings to the treatment plant, with the minimum rate for loadings of BOD and of TSS being the rate established for concentrations of 242 mg/1 BOD and 269 TSS (i.e. Normal Domestic Strength Wastewater).

3. Unit Costs for Treatment of Flow, BOD, and TSS. Unit costs for treatment of Flow, BOD, and TSS shall be determined and fixed annually in the Sewer Service Charge System according to the following procedure:

a) Determine the Annual OM&R Budget.

b) Allocate total Annual OM&R costs to Flow, BOD and TSS proportionately; according to the

costs of collection, and of the specific treatment processes required to affect or reduce Flow, BOD and TSS.

3-14

c) Divide the OM&R costs attributable to Flow, BOD and TSS respectively, by the total annual volume and loading of Flow, BOD and TSS, to arrive at unit costs.

For purposes of determining user charges, the following definitions of unit costs shall apply: UF = Unit cost for treatment of Flow in $/Kgal.

UBOD = Unit cost for treatment of BOD in $/lb.

UTSS = Unit cost for treatment of TSS in $/lb.

Unit costs for 1986 are provided in Table 7 of the Sewer Service Charge System developed with the assistance of Consulting Firm or City Council of the City of Winsted. Subsequent calculations of unit costs shall be according to the substantive intent of this SSCS.

4. User Charges for Normal Domestic Strength Users.

a) Calculating Billable Flows and Loadings. The billable amount of Flow will be calculated from the volume of metered water usage. For Residential Users, the per quarter billable flow shall be equal to quarterly metered water usage as averaged between first and last quarters of the calendar year. For non-residential users discharging normal domestic strength wastewater, billable flow shall be equal to quarterly water usage measured throughout the year.

The billable amounts of BOD and TSS will be calculated from the volume of metered water

usage, where the billable quantities will be those attributable to a wastewater concentration of 242 mg/1 BOD and 269 mg/1 TSS (i.e. "Normal Domestic Strength Wastewater).

b) Calculating User Charges.

UC(NDS) = (UF x F) + (UBOD x KBOD x F) + (UTSS x KTSS x F) Where: UC(NDS) = User charge for treatment of Normal Domestic Strength Wastewater

UF = Unit cost for treatment of BOD in $/lb. F = Billable Flow in Kgal. UBOD = Unit cost for treatment of BOD in $/lb. KBOD = Constant used to calculate the quantity of BOD in lbs./Kgal

of NDS waste (242 mg/1 BOD as follows:

KBOD = .00834 x 242 mg/1 (BOD concentration of NDS Waste). UTSS = Unit cost for treatment of TSS in $/lb. KTSS = Constant used to calculate the quantity of TSS in lbs./Kgal of NDS Waste (269 meg/1 TSS) as follows: KTSS = .00834 x 269 mg/1 (TSS concentration of NDS Waste).

5. User Charges for Users Contributing Wastes Greater than Normal Domestic Strength.

a) Calculating Billable Flows and Loadings. The billable amount of Flow will be calculated from the volume of metered water usage, or at the discretion of the City, from the measurement of effluent Flow at User's point of discharge. Measurements shall be according to a regular program prescribed by the City.

The billable amount of BOD and TSS will be calculated by the measurement of these wastes according to a program prescribed by the City in keeping with the latest edition of Standard

3-15

Methods for the Examination of Water and Wastewater in accordance with Ordinance No. 84-07 (i.e. Chapter 3 herein) or any Ordinances amending 84-07 (i.e. Chapter 3 herein).

b) Calculating User Charges.

UC(GNDS) = (UF x F) + (UBOD x QBOD) + (UTSS x QTSS) Where: UC(GNDS) = User charge for treatment of wastewater that is greater than Normal Domestic Strength. UF = Unit cost for treatment of flow in $/Kgal.

F = Billable flow in Kgal. UBOD = Unit cost for treatment of BOD in $/lb. QBOD = Quantity of BOD in lbs. UTSS = Unit cost for treatment of TSS in $/lb. QTSS = Quantity of TSS in lbs.

6. The City may, at its discretion, require non-residential users to install wastewater flow meters or such additional water meters as may be necessary to determine wastewater volume. The City may require residential connections to install water meters for the purpose of determining wastewater volume. When so required, such meters shall be of a type approved by the City equipped with remote registering recorders, and located at an accessible site on the owner's property. 7. Sewer Service Charge for Recovery of Local Construction Costs. Local construction costs for the Wastewater Treatment Facility will be recovered from users in proportion to their contributions of wastewater flow and loadings into the Treatment Facility as follows:

Unit costs for debt service of capital expenditures attributable to Flow, BOD and TSS shall be calculated according to the Sewer Service Charge System. For the purposes of determining debt service charges, the following definitions shall apply:

DF = Unit cost for debt service of capital expenditures attributable to Flow. DBOD = Unit cost for debt service of capital expenditures attributable to BOD. DTSS = Unit cost for debt service of capital expenditures attributable to TSS.

a) Calculating Flows and Loadings. The calculation of Flows and Loadings for debt service charge shall be the same as described in 303.006.D.5.

b) Calculating Debt Service Charges.

1) For Normal Domestic Strength Users

DC(NDS) = (DF x F) = (DBOD x KBOD x F) + (DTSS x KTSS x F)

2) For users contributing wastes greater than Normal Domestic Strength.

DC(GNDS) = (DF x F) = (DBOD x QBOD) + (DTSS x QTSS) Where: DC(NDS) = Debt Service Charge to Normal Domestic Strength Users.

DC(GNDS) = Debt Service Charge to users contributing wastewater that is greater than Normal Domestic Strength.

DF = Unit cost for debt service of capital expenditures attributable to Flow in $/Kgal.

F = Billable Flow in Kgal. DBOD = Unit cost for debt service of capital expenditures

attributable to BOD in $/lb.

3-16

KBOD = Constant used to calculate the quantity of BOD in lbs./Kgal of NDSW (242 mg/1 BOD) as follows:

KBOD = .00834 x 242 mg/l (BOD concentration of NDS waste). DTSS = Unit cost for debt service of capital expenditures

attributable to TSS in $/lb. KTSS = Constant used to calculate the quantity of TSS in lbs./Kgal

of NDSW (269 mg/l TSS) as follows: KTSS = .00834 x 269 mg/l (TSS concentration of NDS waste). QBOD = Quantity of BOD in lbs. QTSS = Quantity of TSS in lbs. SSC = Uc + Dc Where SSC = Annual Sewer Service Charge.

Uc = Annual User Charge. Dc = Annual Debt Service Charge.

(Ord. 85-03, Sections 3.01 to 3.07, 8/19/85)

E. Sewer Service Fund.

1. The City of Winsted hereby establishes a "Sewer Service Fund" as an income fund to receive all revenues generated by the Sewer Service Charge System, and all other income dedicated to the operation, maintenance, replacement and construction of the wastewater treatment works, including taxes, special charges, fees and assessments intended to retire construction debt.

2. The City also establishes the following accounts as income and expenditure accounts within the

Sewer Service Fund.

3. All revenue generated by the Sewer Service Charge System, and all other income pertinent to the treatment system, including taxes and special assessments dedicated to retire construction debt, shall be held by the City Clerk-Treasurer separate and apart from all funds of the City. Funds received by the Sewer Service Fund shall be allocated to the appropriate accounts, in accordance with State and Federal Regulations and the provisions of this Ordinance.

4. Revenue generated by the Sewer Service Charge System sufficient to ensure adequate replacement throughout the design of useful life, whichever is longer, of the wastewater facility shall be held separate and apart in the "Equipment Replacement Account" and dedicated to affecting replacement costs. Interest income generated by the "Equipment Replacement Account" shall remain in the "Equipment Replacement Account". 5. Revenue generated by the Sewer Service Charge System sufficient for operation and maintenance shall be held separate and apart in the "Operation and Maintenance Account".

(Ord. 85-03, Sections 4.01 to 4.04, 8/19/85)

F. Administration. The Sewer Service Charge System and Sewer Service Fund shall be administrated according to the following provisions:

1. The City Clerk-Treasurer shall maintain a proper system of accounts suitable for determining the

operation and maintenance, equipment replacement and debt retirement costs of the treatment works, and shall furnish the City Council with a report of such costs annually as provided in the annual audit.

The City Council shall annually determine whether or not sufficient revenue is being generated for

the effective operation, maintenance, replacement and management of the treatment works, and

3-17

whether sufficient revenue is being generated for debt retirement. The City Council will also determine whether the User Charges are distributed proportionately to each user in accordance with this Ordinance and Section 204(b)(2)(A) of the Federal Water Pollution Control Act.

The City shall thereafter, but not later than the end of the year, reassess and, as necessary, revise the Sewer Service Charge System then in use to insure the proportionality of the User Charges and to insure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed, and to retire the construction debt. 2. In accordance with Federal and State requirements, the City Clerk-Treasurer shall be responsible for maintaining all records necessary to document compliance with the Sewer Service Charge System adopted. 3. The owner of the premises shall be liable to pay for the service to such premises, and the service to furnished to the premises by the City only upon the condition that the owner of the premises is liable therefore to the City. 4. Any additional costs caused by discharges to the treatment works of toxics or other incompatible wastes, including the cost of restoring wastewater treatment services, clean up and restoration of the receiving waters and environs, and sludge disposal, shall be borne by the discharge(s) of said wastes, at no expense to the City. (Ord. 85-03, Sections 5.01 to 5.03 and 5.05 to 5.06, 8/19/85)

G. Severability and Validity.

1. If any Section or Subdivision of this Ordinance shall be held invalid, the invalidity thereof shall not affect the validity of the other provisions of this Ordinance, which shall continue in full force and effect. 2. The Sewer Service Charge System shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of Section 204(b)(1)(A) of the Act and Federal Regulation 40 CFR (Code of Federal Regulations) 35.2140 of the Environmental Protection Agency's grant regulations. (Ord. 85-03, Sections 6.01 to 6.03, 8/19/85)

H. Conflict and Repeal. To the extent that this Ordinance conflicts with any other Ordinance or portion of said other Ordinance, the provisions of this Ordinance shall control. Section 1 and Section 8 of Ordinance No. 81-06 are hereby repealed.

(Ord. 85-03, Article VII, 8/19/85)

3-18

SECTION 7

307.001 REGULATING THE DISCHARGE OF WASTEWATER INTO THE CITY SYSTEM (PRETREATMENT).

A. Table of Contents.

TITLE SECTION NUMBER

General Provisions 307.001. B. Regulations 307.001. C. Limitations on Wastewater Strength 307.001. D. Accidental Discharge 307.001. E. New Connections 307.001. F. Building Sewer Design and Connections 307.001. G. Private Wastewater Disposal 307.001. H. Control of Certain Prohibited Substances 307.001. I. Fees 307.001. J. Administration 307.001. K. Enforcement 307.001. L. Penalties 307.001. M. Severability 307.001. N. Conflict 307.001. O.

(Ord. 84-07, Sec. 1, 10/15/84 amended by Ordinance Codification).

B. General Provision.

1. Purpose and Policy. This Ordinance sets forth uniform requirements for discharges into the City's wastewater disposal system and enables the City to comply with all State and Federal laws.

The objectives of this Ordinance are:

a) to prevent the introduction of pollutants into the wastewater disposal system which will interfere with the operation of the system or the use of disposal of the sludge; and b) to prevent the introduction of pollutants into the wastewater disposal system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be compatible with the system; and c) to improve the opportunity to recycle and reclaim waste- water and sludge from the system; and d) to ensure compliance with the City's NPDES Permit.

This Ordinance provides for the regulation of discharges into the City's wastewater disposal

system through the issuance of permits to certain users and through enforcement of the general requirements for the other users, authorizes monitoring and enforcement activities and requires user reporting.

This Ordinance shall apply to the City of Winsted, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of the City wastewater disposal system. This Ordinance is a supplement to Ordinance No. 81-06. Except as otherwise provided herein, the City of Winsted or its authorized representative, shall administer, implement and enforce the provisions of this Ordinance.

3-19

2. Definitions. Unless the context specifically indicates otherwise, the following terms, as used in this Ordinance, shall have the meanings hereinafter designated:

a) "Act" - The Federal Water Pollution Control Act also known as the Clean Water Act, 33. U.S.C. §§ 1251, et seq. b) "Biochemical Oxygen Demand (BOD5)" - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/1)). c) "City" - The City of Winsted, Minnesota or the City Council of Winsted, Minnesota. d) "Combined Sewer" - A sewer intended to serve as a sanitary sewer and a storm sewer. e) "Director" or "Superintendent" - Said person shall be that person which the City Council designates to administer, implement and enforce the provisions of this Ordinance. f) "Industrial User" - A person who discharges to the City's wastewater disposal system, liquid, gaseous, or solid wastes resulting from the processes employed in industrial, manufacturing trade, or business establishments, or from the development of any natural resource. g) "Interference" - The inhibition or disruption of the (City's) wastewater disposal system

processes or operations which causes or significantly contributes to a violation of any requirement of the (City's) NPDES or State Disposal System Permit. The term includes prevention of sewage sludge use or disposal by the City in accordance with published regulations providing guidelines under Section 405 of the Act (33 U.S.C. §§ 1251 et. seq) or any regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the City.

h) "National Pollutant Discharge Elimination System (NPDES) Permit" - Any permit or

requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. §§ 1251 et. seq); for the purpose of regulating the discharge of sewage, industrial wastes, or other wastes under the authority of Section 402 of the Act.

i) "Non-Contact Cooling Water" -The water discharged from any use such as air conditioning, cooling or refrigeration, or during which the only pollutant added to the water is heat. j) "Normal Domestic Strength Wastewater" - Wastewater that is primarily introduced by

residential users with a BOD5 concentration not greater than 242 mg/1 and a suspended solid concentration not greater than 269 mg/1.

k) "Person" - The State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.

l) "pH" - The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

3-20

m) "Pretreatment" - The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the (City's) wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this Ordinance. n) "Sanitary Sewer" - A sewer intended to carry only liquid and water-carried wastes from

residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm, and surface waters which are not admitted intentionally.

o) "Shall" - is mandatory; "May"- is permissive. p) "Significant Industrial User" - Any industrial user of the (City's) wastewater disposal system

which (i) has a discharge flow of 25,000 gallons or more per average work day, or (ii) has a flow greater than five percent (5%) of the flow in the (City's) wastewater disposal system, or (iii) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or Minnesota Statutes and rules, or (iv) has a significant impact, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

q) "State" - State of Minnesota. r) "State Disposal System Permit" - Any permit (including any terms, conditions and requirements thereof), issued by the MPCA pursuant to Minnesota Statutes § 115.07 for a disposal system as defined by Minnesota Statutes 115.01, Subdivision 5. s) "Storm Sewer or Storm Drain" - A drain or sewer intended to carry storm waters, surface runoff, ground water, sub-surface water, street wash water, drainage, and unpolluted water from any source. t) "Storm Water" - Any flow occurring during or following any form of natural precipitation

and resulting therefrom. u) "Suspended Solids" - The total suspended matter that floats on the surface of, or is suspended

in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter. v) "User" - Any person who discharges, causes or permits the discharge of wastewater into the City's wastewater disposal system. w) "Wastewater" - The liquid and water-carried industrial or domestic wastes from dwellings,

commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's wastewater disposal system.

x) "Wastewater Disposal System" or "System" - Any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastewater or necessary to recycle or reuse water, including intercepting sewers, outfall sewers, sewage collection system, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled water supply such as standby treatment units and clear well facilities; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

3-21

y) "Waters of the State" - All streams, lakes, ponds, marshes, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. z) Terms not otherwise defined herein shall be as given in Minnesota Statutes, Chapters 115 and 116.

(Ord. 84-07, Sec. 1.02, 10/15/84 amended by Ord. 85-01, Sec. 2 and Sec. 3, 8/19/85)

C. Regulations.

1. General Discharge Prohibitions. No user shall discharge or cause to be discharged, directly or

indirectly, any of the following described substances into the wastewater disposal system or to any public sewer:

a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any way to the wastewater disposal system or to the operation of the system. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than five percent (5%) nor any single reading be over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. b) Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage, with particles greater than one half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes. c) Any wastewater having a pH less than five (5) or more than ten (10) or having any other

corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater disposal system.

d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interactions with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater disposal system. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act. e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. f) Any wastewater with objectionable color not removed in the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions. g) Any wastewater which creates conditions at or near the wastewater disposal system which violate any statute or any rule, regulation or ordinance of any public agency or state or federal regulatory body.

3-22

h) Any wastewater having a temperature greater than 150o F (65.6oC), or causing individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104o F (40o C). i) Any slug load, which shall mean any pollutant, including oxygen demanding pollutants

(BOD, etc.), released in a discharge of such volume or strength as to cause inhibition or disruption in the wastewater disposal system. In no case shall a slug load have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentrations, quantities, or flow of the user during normal operation.

j) Non-contact cooling water or unpolluted storm or groundwater. k) Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of (150 mg/1) or containing substances which may solidify or become viscous at temperatures between 32o F and 150o F (0og C and 65.6o C); and any wastewater containing oil and grease concentrations of mineral origin of greater than (100 mg/1), whether emulsified or not. l) Wastewater containing inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in such quantities that they would cause disruption with the wastewater disposal system. m) Any waters or wastes containing BOD5 or suspended solids of such character and quantity

that unusual attention or expense is required to handle such materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of section 307.001.C.2. In forming this opinion as to the acceptability of wastes, the Superintendent will give consideration to the quantity of the wastes, the capacity of the treatment plant, and the City's NPDES permit.

n) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations. o) Any waters or wastes containing the following substances to such a degree that any such material received in the composite wastewater at the wastewater treatment works is detrimental to the treatment process, adversely effects receiving waters, or is in violation of standards pursuant to Section 307(b) of the Act:

arsenic cadmium

copper cyanide lead mercury nickel silver chromium zinc phenolic compounds (Ord. 84-07, Sec. 2.01, 10/15/84 amended by Ord. 85-01, Sec. 5 and Sec. 6, 8/19/85)

3-23

2. City’s Remedies Upon a Prohibited Discharge. If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated in 307.001.C. and/or which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater treatment facilities, processes, or equipment; receiving waters and/or soil, vegetation, and ground water; or which otherwise create a hazard to life or constitute a public nuisance, the City may:

a) Reject the wastes, b) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to

Section 3.07(b) of the Act and section 307.001.D. below, c) Require control over the quantities and rates of discharge, and/or, d) Require payment to cover the added costs of handling, treating, and disposing of wastes not

covered by existing taxes or sewer service charges.

If the City permits the pretreatment or equalization of waste flows, the design, installation, and maintenance of the facilities and equipment shall be made at the owner's expense, and shall be in accordance with section 307.001.D.

No statement contained in this Article shall be construed as preventing any special agreement or

arrangement between the City of Winsted and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial concern, providing that National Categorical Pretreatment Standards and the City's NPDES and/or State Disposal System Permit limitations are not violated and such industry pays its proportionate share of operations, maintenance and replacement costs based on the user's proportionate contribution to the total wastewater loading from all users in accordance with 40 CFR § 35.2140. The provisions of this Section are in addition and in no way limit any other provisions contained in this Ordinance. (Ord. 84-07, Sec. 2.01.1, 10/15/84 amended by Ord. 85-01, Sec. 7, 8/19/85)

3. Additional Prohibitions. In addition to these prohibitions, no user shall discharge to any public sewer

any discharge which causes interference, as defined, with the wastewater disposal system. Pollutants in the effluent from an industrial user shall not be considered to cause interference where the industrial user is in compliance with specific prohibitions or standards developed by federal, state, or local governments. Where the industrial user is in compliance with such specific prohibitions or standards, and pollutants in the effluent from the industrial user's facility nevertheless are determined to have caused or significantly contributed to a violation of any requirement of the (City's) NPDES or State Disposal System Permit, and are likely to cause such a violation in the future, the (City) must take appropriate action to develop and enforce specific effluent limits for that industrial user to ensure renewed and continued compliance with the (City's) NPDES or State Disposal System Permit.

(Ord. 84-07, Sec. 2.01.2, 10/15/84)

D. Limitations on Wastewater Strength.

1. National Categorical Pretreatment Standards. National categorical pretreatment standards promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this Ordinance unless the Director has applied for and obtained from the MPCA approval to modify the specific limits in the national categorical pretreatment standards. When

3-24

requested, an application for modification of the national categorical pretreatment standards will be considered for submittal by the Director when the (City's) wastewater treatment system achieves consistent removal of the pollutants. "Consistent removal" shall be defined as in 40 CFR § 403.7 (a) (1) of the "General Pretreatment Regulations for Existing and New Sources of Pollution". Conditional revisions of national categorical pretreatment standards may be made by the (City) in accordance with 40 CFR § 403.7 (b) (2) (i-iv) of the "General Pretreatment Regulations for Existing and New Sources of Pollution" if requested by the industry(ies) in accordance with requirements of 40 CFR § 403.7 (b) (1) (i).

2. State Requirements. State Requirements and limitations on discharges shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance. 3. City’s Right of Revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 307.001.B. of this Ordinance. 4. Dilution. No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained herein, contained in the national categorical pretreatment standards, or contained in any state requirements.

(Ord. 84-07, Sec. 2.02, 10/15/84)

E. Accidental Discharge. Each user shall provide protection from accidental discharges of prohibited materials or other substances regulated by this Ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Director for review, and shall be approved by the Director before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of the ordinance. Users shall notify the Director immediately upon having a slug or accidental discharge of substances or wastewater in violation of this Ordinance in order to enable countermeasures to be taken by the Director to minimize damage to the wastewater disposal system and the receiving waters. Such notifications will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on the City on account thereof under any state or federal law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a slug or accidental discharge. Employers shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.

(Ord. 84-07, Sec. 2.03, 10/15/84)

F. New Connections. Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to capacity for flow, BOD5, and Suspended Solids, as determined by the Superintendent.

(Ord. 84-07, Sec. 2.04, 10/15/84 amended by Ord. 85-01, Sec. 8, 8/19/85)

G. Building Sewer Design and Connections.

1. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City.

3-25

2. Applications for permits shall be made by the owner or authorized agent and the party employed to do the work, and shall state the location, name of owner, street number of the building to be connected, and how occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been given. 3. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the City. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. 4. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer. 5. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered one building sewer. The City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection aforementioned. 6. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent or his representative, to meet all requirements of this Ordinance. 7. The size, slopes, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench, shall all conform to the requirements of the State of Minnesota Building and Plumbing Code or other applicable rules and regulations of the City. In the absence of code provisions or in the amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9, shall apply. 8. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. 9. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or indirectly to the wastewater disposal system. 10. The connection of the building sewer into the public sewer shall conform to the requirements of the State of Minnesota Building and Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and watertight, and verified by proper testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and materials must be approved by the City prior to installation. 11. The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Superintendent or authorized representative thereof.

3-26

12. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work, shall be restored in a manner satisfactory to the City.

(Ord. 84-07, Sec. 2.05, 10/15/84 amended by Ord. 85-01, Sec. 9, 8/19/85)

H. Private Wastewater Disposal.

1. Where a public sewer is not available under the provisions of this Ordinance, the building sewer shall

be connected to a private wastewater disposal system complying with the provisions of this Section. 2. Prior to commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the City. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary to the City. 3. A permit for private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City or its authorized representative. The City or its representative shall be allowed to inspect the work at any stage of construction, and, in any event, the application for the permit shall notify the City when work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice except no inspections will be made on Saturdays or Sundays or legal holidays. 4. The type, capacities, location and layout of a private waste-water disposal system shall comply with

all requirements of Minn. R. 7080.1050-2550, entitled "Individual Sewage Treatment System Standards." No septic tank or cesspool shall be permitted to discharge to any natural outlet.

5. At such time as a public sewer becomes available to a property serviced by a private wastewater disposal system, a direct connection shall be made to the public sewer within thirty (30) days in compliance with this Ordinance, and within thirty (30) days any septic tanks, cesspools, and similar private wastewater disposal systems shall be cleaned of sludge. The bottom shall be broken to permit drainage, and the tank or pit filled with suitable material. 6. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the City. 7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the MPCA or the Department of Health of the State of Minnesota.

(Ord. 84-07, Sec. 2.06, 10/15/84 amended by Ord. 85-01, Sec. 10, 8/19/85)

I. Control of Certain Prohibited Substances. Grease, oil, and sand interceptors shall be provided when,

in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Section 307.001.C.1.k., any flammable wastes as specified in Section 307.001.C., sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal of the captured materials by appropriate means, and shall maintain a record of dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collecting materials not performed by the owner's personnel, must be performed by a currently licensed waste disposal firm.

(Ord. 84-07, Sec. 2.07, 10/15/84 amended by Ord. 85-01, Sec. 11, 8/19/85)

3-27

J. Fees.

1. Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the City's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees, to be prepared, from time to time, by the Director and approved by the City Council. 2. Charges and Fees. The City Council shall adopt charges and fees which may include:

a) Fees for monitoring, inspections and surveillance procedures; b) Fees for permit applications; c) Appeal fees; and d) Other fees as the Director may deem necessary to carry out the requirements contained herein.

(Ord. 84-07, Sec. 3.01 and 3.02, 10/15/84)

K. Administration.

1. General User Reports. The Director may require that any persons discharging or proposing to discharge wastewater to the wastewater disposal system file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, rates of flow, mass discharge rate, raw material and production quantities, hours of operation, number and classification of employees, compliance status with any state or federal pretreatment standards, or other information which relates to the generation of waste, including wastewater constituents and concentrations in the wastewater discharge. Such reports may also include sludge disposal practices and the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged. At a minimum, a summary of such data indicating each industrial user's compliance with this Ordinance shall be prepared quarterly and submitted to the Director. In addition to discharge reports, the Director may require information in the form of Wastewater Discharge Permit applications, self-monitoring reports, and compliance schedules. 2. Wastewater Discharge Permits – Mandatory Permits. All industries proposing to connect or

commence a new discharge to the wastewater disposal system shall obtain a Wastewater Discharge Permit before connecting to or discharging into the wastewater disposal system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under Section 307(b) and (c) of the Act connected to or discharging into the wastewater disposal system shall obtain a Wastewater Discharge Permit within 180 days after the effective date of this Ordinance. In the event an industrial user agreement is entered into by and between a user and the City of Winsted, the information contained therein may be used by the City of Winsted in lieu of the information requested in paragraph 307.001.K.1. Permit Application herein, notwithstanding the City of Winsted's continued right to require any and all information indicated in paragraph 307.001.K.2.a. Permit Application, as it deems necessary.

a) Permit Application. Users required to obtain a Wastewater Discharge Permit shall complete and

file with the City Clerk-Treasurer, an application in the form prescribed by the City Clerk-Treasurer, and accompanied by a fee established by the City Council. Existing users shall apply for a Wastewater Discharge Permit within 30 (optional) days after the effective date of this Ordinance, and proposed new users shall apply at least 180 days prior to connecting or discharging to the wastewater disposal system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

3-28

1) Name, address, and location (if different from the address); 2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; 3) Wastewater constituents and characteristics including but not limited to those governed by Chapter Two (2) of this Ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended; 4) Time and duration of discharge; 5) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and

seasonal variations, if any; 6) Plans showing the location of sewer connections and appurtenances by size, location and

elevation; 7) Description of activities, facilities and plant processes on the premises including all materials

which are or could be discharged, including sludges, floats, skimmings, etc.; 8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, state or national categorical pretreatment standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. If additional operation and maintenance and/or pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standard. No increment shall exceed 9 months in length, and progress reports concerning each increment shall be submitted within 14 days following each increment date; 9) Each product produced by type, amount, and rate of production; 10) Type and amount of raw materials processed (average and maximum per day); 11) Number of full and part time employees, and hours of work; and, 12) Any other information as may be deemed by the Director to be necessary to evaluate the permit application. The Director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a Wastewater Discharge Permit subject to terms and conditions provided herein.

b) Permit Conditions. Wastewater Discharge Permits shall be expressly subject to all provisions of the Ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:

1) The unit or schedule of user charges and fees for the wastewater to be discharged to the wastewater disposal system; 2) Limits on average and maximum wastewater constituents and characteristics; 3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization; 4) Requirements for installation and maintenance of inspection and sampling facilities; 5) Requirements for installation, operation, and maintenance of pretreatment facilities; 6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule; 7) Compliance schedules; 8) Requirements for submission of technical reports or discharge reports;

3-29

9) Requirements for maintaining and retaining plan records relating to wastewater discharge as specified by the Director, but in no case less than three years, and affording Director access thereto; 10) Requirements for notification to and acceptance by the Director of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; 11) Requirements for notification of slug or accidental discharges as provided in Section 307.001. E. of this Ordinance, and reporting of permit violations; 12) Requirements for disposal of sludges, floats, skimmings, etc.; and, 13) Other conditions as deemed appropriate by the City to ensure compliance with this Ordinance.

c) Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Director during the term of the permit as limitations or requirements as identified in Chapter 2 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

d) Permit Modifications. Within 9 months of the promulgation of a national categorical

pretreatment standard, the Wastewater Discharge Permit of users, subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a Wastewater Discharge Permit as required by this Ordinance, the user shall apply for a Wastewater Discharge Permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the Director within 180 days after the promulgation of an applicable national categorical pretreatment standard, the information required by this Ordinance. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.

e) Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Director. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

3. Monitoring Facilities. Monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by all industrial users. The monitoring facility should normally be situated on the user's premises, but the Director may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole of facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Director, unless a time extension is otherwise granted by the Director.

3-30

4. Inspection and Sampling. The Director shall inspect the facilities of any user to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Director ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The Director, MPCA and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guards so that upon presentation of suitable identification, the Director, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 5. Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Director under the provisions of the Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Director prior to the user's initiation of the changes. All records relating to compliance with pretreatment standards shall be made available by the Director to officials of the EPA or MPCA upon request. Any user subject to a national categorical pretreatment standard, after the compliance data of such

pretreatment standard, or, in the case of the commencement of a new discharge to the wastewater disposal system, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in Sections 307.001.K.1. and 307.001.K.2. of the chapter. The Director may agree to alter the months during which the above reports are to be submitted.

6. Final Compliance Date Reporting Requirements. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified professional.

7. Confidential Information. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods or production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, and until such time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made

3-31

available upon written request to governmental agencies for uses related to this Ordinance, the NPDES Permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Director as confidential, shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten (10) day notification is given to the user. 8. Sludges Generated. Sludges, floats, skimmings, etc., generated by an industrial or commercial pretreatment system shall not be placed into the (City's) wastewater disposal system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations.

(Ord. 84-07, Sections 4.01 through 4.08, 10/15/84, amended by Ord. 85-01, Sec. 1, Sec. 12 and Sec. 13,

8/19/85)

L. Enforcement.

1. Slug or Accidental Discharges. The Director may suspend the wastewater treatment service of a user and/or a Wastewater Discharge Permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the City to violate any condition of its NPDES or State Disposal System Permit. Any user notified of a suspension of the wastewater treatment service and/or the Wastewater Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The Director shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within fifteen (15) days of the date of occurrence. 2. Revocation of Permit. In accordance with the procedures of Section 307.001.L. of this Ordinance, the

Director may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of his discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this Ordinance, or applicable state and federal regulations.

3. Notification of Violation. Whenever the Director finds that any person has violated or is violating this Ordinance, Wastewater Discharge Permit, or any prohibition, limitation or requirement contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City by the user. 4. Show Cause Hearing.

a) Notice of Hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing

3-32

the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or office of a corporation. b) Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may

designate any of its members of any officer or employee of the (assigned department) to:

1) Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings; and 2) Take the evidence; and 3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

c) Transcripts. At any hearing held pursuant to this Ordinance, testimony taken must be under oath

and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefore.

d) Issuance of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service will be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. e) Legal Action. If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Ordinance, federal or state pretreatment requirements or any order of the City, the City Attorney may, following the authorization of such action by the City Council, commence an action for appropriate legal and/or equitable relief. f) Appeal to the City Council. Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this Ordinance and shall be entitled to a written reply from the City.

Any decision of the Director in the enforcement of this Ordinance may be appealed to the City Council by filing a written petition with the City Clerk-Treasurer within thirty (30) days of the Director's ruling. Said petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Said petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the Director shall file within seventy-two (72) hours after the filing of a petition, a certificate stating that a stay would cause peril to life or property or specifying other good reason. The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the Director may present evidence in support of his decision. The City Council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the City Council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.

3-33

(Ord. 84-07, Sections 5.01 through 5.07, 10/15/84 amended by Ord. 85-01, Sec. 14, 8/19/85)

M. Penalties.

1. Civil Penalties. Any user who is found to have violated an Order of the City Council or who has failed to comply with any provisions of this Ordinance, and the orders, rules, regulations and permits issued hereunder, shall be fined not more than Five Thousand and no/100ths ($5,000.00) Dollars for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney fees, Court costs, Court Reporters fees and other expenses of litigation by an appropriate action against the person found to have violated this Ordinance or the order, rules, regulations, and permits issued hereunder. 2. Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than ninety (90) days, or both.

(Ord. 84-07, Sections 6.01 through 6.03, 10/15/84 amended by Ord. 85-01, Sec. 15, 8/19/85)

N. Severability. If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. (Ord. 84-07, Sec. 7.01, 10/15/84) O. Conflict. All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.

(Ord. 84-07, Sec. 8.01, 10/15/84)

3-34

SECTION 8

308.001 PROHIBITION OF CLEAR WATER DISCHARGES INTO THE SANITARY SEWER, INSPECTION AUTHORITY, AND PENALTIES FOR THE VIOLATIONS THEREOF.

A. Purpose. In adopting this Ordinance, the City Council finds that the discharge of surface water, storm water, groundwater sump pumps, footing tile, swimming pools, cistern overflows, cooling water, or other natural precipitation into the City sanitary sewer system will, and has on several occasions in the past, flooded and overloaded the sewer system. This system overloading has caused significant damage to private property and discharged raw sewage into Winsted Lake. Backup of sewage into residential living quarters creates a health hazard. The City Council, therefore, finds it is essential that the provisions of this Ordinance be strictly enforced to avoid future emergencies.

B. Definition and Method. No person shall discharge any surface water, storm water, groundwater

sump pump, footing tile, swimming pool, cistern overflow, cooling water, or other natural precipitation into the sanitary sewer system. Dwellings and other buildings and structures, which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system, shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. Permanent installation shall be one which provides for year-round discharge to the outside of the building, is connected to the City storm sewer, or discharges through the curb to the street. It shall consist of a rigid discharge pipe, without valving or quick connections for altering the path of discharge.

The City Council shall have the power and duty of hearing and deciding requests for waivers from the

applicability of the provisions of this Ordinance where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration or cause a safety problem. Application for a waiver shall be in writing addressed to the City of Winsted. The applications shall identify the property for which the waiver is being applied, the name of the property owner, and described in detail what characteristics of the subject property create an undue hardship or safety concerns. Upon approval of an application for a waiver, the property owner shall be allowed to temporarily pump directly into the sanitary sewer system between the dates of November 1st and April 1st via a City controlled locked valve. The owner of a property with a waiver shall allow a City employee access prior to April 1st to lock out the valve allowing winter discharge to the sanitary sewer. Costs for processing sump pump water through the sanitary sewer system will be billed to the property owner for annual charge to be set by resolution of the City Council. The City shall have the right to inspect all property in the spring each year to assure their water discharge connection has been removed from the sanitary sewer. Failure to remove said discharge will result in a monthly surcharge which will be set (from time to time) by Resolution of the City Council.

C. Disconnection. Before October 1, 1998, any person, firm, or corporation having a roof surface,

groundwater sump pump, footing tile, cistern overflow, or swimming pool now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner, as approved by the City of Winsted or designated agent.

D. Inspection. Every person owning improved real estate that discharges into the City's sanitary sewer

system shall allow an employee of the City of Winsted or their designated representative, bearing proper credentials and identifications, to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this Ordinance.

Any person refusing to allow their property to be inspected or refusing to furnish a licensed plumber's certificate within fourteen (14) days of the date City employees or their designated representatives are denied admittance to the property, shall immediately become subject to the

3-35

surcharge hereinafter provided for. Any property found to violate the Ordinance shall make the necessary changes to comply with the Ordinance and furnish proof of the changes to the City by October 1, 1998.

Property owners not in compliance with this Section will be charged a monthly surcharge in accordance with Section 6.

E. New Home Inspections. During any new construction, renovation or demolition the connection(s) to

the sanitary sewer shall be protected through the use of a cover plug in order to eliminate the potential for inflow to enter the sanitary sewer system. Any such water collected shall not be allowed to enter the sanitary sewer system at any time. All new buildings with groundwater sump systems are required, prior to final inspection by City personnel, to have the sump pump installed.

All new homes will be required to have their sump pump system inspected within thirty (30) days of occupancy and a certificate of compliance completed.

F. Penalty. A surcharge of $100.00 per month is hereby imposed and added to every sewer billing

mailed on or after October 1, 1998 to property owners who are not in compliance with this Ordinance. The surcharge shall be levied monthly on properties not complying with the Ordinance. All properties found during yearly re-inspection to have violated this Ordinance will be subject to the said monthly surcharge for all months between the two most recent inspections. This charge shall cease when the property has been inspected by the City or its representatives and deemed to be in compliance with this Ordinance.

3-36

SECTION 9

309.001 BILLING.

A. Water, sewer and other utilities as authorized by the City Council shall be billed on one bill as applicable to each account. All bills shall contain the address and telephone number of the official in charge of billing; the address and phone number shall be clearly visible and easily readable.

B. Charges shall be billed to consumers on a monthly basis in such form and manner as determined most

appropriate and efficient by the City Clerk-Treasurer. Bills shall be mailed and/or transmitted electronically to the customers according to the name and address on file with the City Clerk-Treasurer and shall specify the water consumed, the sewer and other fees as authorized by the City Council in accordance with the current utility rate schedule together with any other unpaid charges and penalties. All charges shall be due and payable by the 10th day of the month following the month of such billing. If payment is not made by that date, the account shall be deemed delinquent. A penalty fee shall be added to each monthly statement until paid in full. Payments made by check or other written instrument shall be first subject to collection. There shall be only one bill or statement for each water meter and the City shall not split bills between or among multiple users of one water meter.

C. Sale of Water and State Sales Tax. Sale of water by the City shall be subject to State Sales Tax, or

other state mandated fees. All bills forwarded to users shall indicate the taxes or fees as a separate and additional charge for water sold by the City and used by the user during the period for which the bill was sent. This section shall not apply to such users as are specifically exempt by State law.

D. Meter Readings. Water meters will be read monthly on such a date as may be established from time

to time and reported to the offices of the City Clerk-Treasurer or designee, including a report of any meters that are out of repair. The City Clerk-Treasurer or designee shall immediately thereafter prepare monthly utility bills, and each user of water within the City of Winsted shall receive a monthly statement for water consumed. Radio Read Meters are read approximately every thirty (30) days. Estimated readings may also be taken, if access to the meter is not possible or the meter has stopped working. Users with manual read meters must supply a meter read to the City by the 10th day of the month to ensure accurate billing for the user. Users who fail to provide a meter read shall receive a No Read fee, as adopted annually by the City Council.

E. Definitions of Fees.

Water Base Rate. A minimum charge for access to the City’s water supply system, regardless of actual use. Water. Charges to consumers for the amount of water, in thousands of gallons, used or consumed from the City’s water supply for indoor use. External Service Line Base Rate. A minimum charge for access to the City’s water supply system for an external service line, regardless of actual use.

External Service Line. Charges to consumers for the amount of water, in thousands of gallons, used or consumed from the City’s water supply for outdoor use or fire suppression lines.

Sewer Base Rate. A minimum charge for access to the City’s sanitary sewer system, regardless of actual use. Sewer. Charges to users for the amount of sewage, in thousands of gallons, secreted into the City’s sanitary sewer system.

3-37

Debt Fee. A debt service charge to retire local capital costs, and for the proportionate share of the operation, maintenance and replacement costs of the waterworks and sewer system facilities, based on the user’s proportionate use of the systems, as determined by the City. State Test Fee. A fee imposed by the Minnesota Department of Health for water testing.

Repair Maintenance Fee. A charge established by the City Council for each account to be collected and deposited into a fund to be used for the replacement of water service lines, shut off valves and lead service lines.

Notice Fee. A fee associated with the process of City staff posting a notice for the user to correct a delinquency or risk discontinuance of service. The notice provides a specific date when disconnection will occur. To prevent disconnection, payment must be received prior to the date specified.

Disconnection Fee. A fee assessed to a user for disconnection of service to any premises due to non-payment, failure to make payment arrangements, discontinuing an account at a property, fraud, unauthorized use of equipment or tampering with City-owned equipment. Reconnection Fee. A fee assessed to a customer to restore service when service to any premises has been disconnected. Delinquency Fee. A penalty fee assessed to a user for non-payment when service to any premises has been disconnected or cannot be disconnected due to infrastructure issues, weather conditions, or other factors.

No Read Fee. A fee assessed to a user who does not provide a meter reading with the utility bill payment. Public Works Service. City personnel may service private water lines in the City of Winsted only upon emergency circumstances. Emergency services provided by City personnel shall be billed to the property owner at the rate as established by the City Council and included with the regular utility rates schedule.

F. Payments. All charges for water, sewer and other utilities as authorized by the City Council shall be payable at the office of the City Clerk-Treasurer no later than the 10th day of the month to any particular user, at which time it will be considered delinquent, and notice will be sent out. If not paid by the first Monday of the month following the original due date, the duly authorized personnel shall turn off the water on said service at the cost of the disconnection fee and reconnection fee and it shall not be turned on again until all utility bills and the additional sum of the disconnection and reconnection charges shall be paid.

1. Forms of Payment. Payments may be made by cash, check, money order, credit card, automatic

bank withdrawal or online via the City’s website. No change will be given on a check, money order or credit card payment. No second party or post-dated checks will be accepted. Checks will not be held. Payments made by check or other written instrument shall be first subject to collection.

2. Non-Sufficient Funds. A non-sufficient funds check is treated as a non-payment. If notification of the NSF check is received by the City, the customer will be charged an NSF processing fee as adopted annually by the City Council. The customer will be notified by the City and will have three (3) days to make a payment by cash or credit card. If the customer fails to comply, services will be disconnected immediately and the appropriate law enforcement agency will be notified. If

3-38

three (3) NSF payments are received for an account, the account will be placed in a cash or credit card-only payment status for the remainder of the life of the account.

3. It is the owner and/or user’s responsibility to pay bills on time and in full.

G. Errors in Billing. Overcharged customers will be credited on the next statement or refunded on their

final billing. Any adjustments resulting in a credit greater than three (3) months billing, will be refunded by check. Overcharges will not be refunded for any errors exceeding two (2) years from the date of notice by the customer. Undercharged customers will be billed with an explanation of charges.

H. Adjustment Authority. The City Council may adopt policies providing for the adjustment of charges

or credits to charges for accounts or groups of accounts, based upon data supplied by staff, auditors, or affected property owners. The City Clerk-Treasurer, or designee, shall review the data and request and make the adjustment or credit on a case by case basis. An appeal of the City Clerk-Treasurer’s determination may be made in writing to the City Council.

3-39

SECTION 10

310.001 DISCONTINUANCE OF SERVICE AND DELINQUENT ACCOUNTS.

A. Penalties. A late payment penalty, as established annually by the City Council on the utility rate schedule, shall be assessed on all accounts with a past due balance.

B. Payment Arrangements. In the event that a user is unable to make payment by the specified date, the user may request an application to make payment arrangements by completing a form prescribed by the City and shall contain the name of the owner and/or user, property address, payment plan and signature of the applicant. All applications must be approved by the official in charge of billing or designated representative. C. Discontinuance of Service for Nonpayment of Bills. In addition to all other methods of collecting

delinquent accounts including legal action, the City shall have the right to shut off the water service to any delinquent customer when satisfactory arrangements for payment have not been made. Such action shall be taken only after following the procedure as set forth in this code. Water shall not be shut-off until notice and an opportunity for a hearing before the City Council or an employee designated by the City Council have been provided to the occupant and/or owner of the premises involved.

1. If any bill is not paid by the due date listed on the bill, a reminder notice will be mailed by first

class mail and/or transmitted electronically and shall state that if payment is not made by the designated day of the month in which the reminder notice was distributed, a shut-off notice shall be posted at the service location and service will be shut off for nonpayment if payment has not been received by the date stated in the notice, but not less than three (3) days after the date on which the notice was posted.

2. The reminder notice and shut-off notice shall contain the address and telephone number of the

official in charge of billing; the address and phone number shall be clearly visible and easily readable.

3. The notice shall also state that any occupant or owner may, before the specified date, request a hearing in writing delivered to the City Clerk-treasurer on the matter, in which case the supply of water will not be shut off until after the hearing process is complete. If the customer or occupant requests a hearing before the date specified, the hearing shall be held on the matter by the City Council at the next regular City Council meeting.

4. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the City official in charge of utility billing. 5. If, as a result of the hearing, the City Council finds that the amount claimed to be owing is

actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this ordinance, the City may shut off the water supply.

6. If a customer fails to pay and fails to request a hearing under this part, service will be shut off at

the time specified in the notice but not until the charges have been due and unpaid for at least fifteen (15) days.

7. Whenever water service to any premises has been disconnected, service shall not be restored

except upon the payment of all delinquent amounts due plus any penalties, interest and reconnection charges. The official in charge of utility billing shall be authorized to order

3-40

continuation of the customer’s service and shall have the authority to enter into a mutually agreeable payment plan.

D. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is

found that: The owner or occupant of the premises served, or any person working on any connection with the

municipal utility systems, has violated any requirement of this code relative thereto or any connection therewith; or

Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof; or

There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges thereof.

No service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the City, the household income of the customer is less than 185% of the federal poverty level as documented by the customer to the City and the customer’s account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.

E. Certification for Collection with taxes. Unpaid charges on utility accounts shall not be certified to

the county auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the county auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility charges.

1. The owner of the property shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed. After the date the notice of certification hearing is mailed, payments will still be accepted but may include unpaid charges and penalties.

2. A hearing shall be held on the matter by the City Council. Property owners with unpaid utility

charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this ordinance, the City may certify the unpaid charges to the county auditor for collection as other taxes are collected.

3. For each certification sustained, the property owner shall have the following options after the

hearing,

a) To pay the delinquent amount listed on the preliminary roll, within ten (10) days of the hearing date.

b) To pay the certified delinquent amount after the hearing date, but before the county certification deadline. c) To pay the certified charges as billed to them by McLeod County on their property tax

statement with a collection term of one year.

4. Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to McLeod County.

F. Civil Action. The City may, at its discretion, file suit in a civil action to collect such amounts, as are

delinquent and due against the occupant, owner, or user of the real estate, and shall collect as well all attorney’s fees, court costs, court reporters fees, and other expenses of litigation incurred by the City in filing the civil action.

3-41

SECTION 11

311.001 EXTERNAL SERVICE LINES AND FIRE SUPPRESSION LINES

A. External Water Use. In addition to metered water service within a building, a water user may apply for a metered water line for exterior use only. Such application shall be on a form provided by the City and shall include a plan for plumbing approved by the City or their designated representative, name and address of applicant and address location for which water sprinkler service line will be installed.

1. Approval of Application. Approval of the application shall be granted where an inspection

demonstrates that:

a. Two water meters have been installed on the water service line for the building for purposes of recording total water consumption for the user and water used exclusively for exterior use or fire suppression.

b. The water meters are sized to be equal to the water service line entering the building.

c. The meter used for the external service line must only serve lines which lead outside a building or to a fire suppression system.

d. No connection may exist between water lines inside the building and outside the building.

e. No tapping, tying in, or connection may be made to the external service line or fire

suppression line which is inside the building.

f. The building must have no footing drains, peripheral lines and/or roof leaders that discharge directly or indirectly into the sanitary sewer.

g. Sump Pump Discharge. Any discharge pipe/hose from a sump pump system shall discharge

water on to the resident’s property or City street. At no time shall said discharge pipe/hose from a sump pump system discharge water on another person’s real estate, or in a manner as to cause it to go upon another person’s property. Said discharge pipe/hose from a sump pump shall not be cut into the curb or gutter on any street or alley without first obtaining permission from the City of Winsted. Any such alteration of a curb or gutter without permission from the City will result in the City repairing said curb or gutter to its original condition and assessing the cost of same, together with reasonable attorney fees, against the property owner. Any person, property owner or other legal entity violating any term or condition of this section is guilty of a misdemeanor, punishable by such amount of jail time or fine, or both, as prescribed by law in Minnesota Statutes.

2. Meters. All meters installed for the external service line or fire suppression line shall be secured

from the City of Winsted, at full cost to the applicant.

3. Costs. In addition to bearing all plumbing and installation costs, the owner shall bear liability costs of repair and replacement of the meter.

4. Water Rates. Rates for water consumption through an external service line or fire suppression

line will be adopted annually by the City Council on the utility rate schedule.

5. Interior Use Prohibited. It shall be unlawful for any person to use or permit the use of an external service line to supply water within a building.

3-42

6. Use Limited to Boundaries of Property. It shall be unlawful for any person to use or allow distribution of any water derived from the external service system or fire suppression system, beyond the boundaries of the premises served.

7. Enforcement. No charge for sewer usage will be made based upon the water flow through a

meter monitoring an external service line or fire suppression line, unless an external service line is found to have been used to place or supply water within a building, or otherwise in violation of this Ordinance. Three (3) times the normal sewage charge for all water supplied through the external service line or fire suppression line for the twelve (12) months preceding discovery of the illegal use of the external service line or fire suppression line shall be made. Additionally, use of the external service line to distribute or supply water within a building shall result in revocation of the permit for an external service line and to be exempt from all sewer charges for an external service line for a period of not less than five (5) years.

B. Fountains. The water supply to all fountains must be capable of regulation by a shut off valve

accessible by City personnel. The service pipes of outdoor fountains must be provided with a stop valve, and means of draining the line as a preventative measure to avoid freezing. The right is reserved to the City Council to suspend the use of fountains and hose for irrigation, yards and gardens, whenever in the opinion of the City Council, the public exigency may require it, including but not limited to water bans imposed during drought conditions.

No hydrants, except public drinking fountains, shall be placed within the limits of any street, unless such are securely closed and protected against general use; and no drinking fountain shall be erected for the public use which has openings by which it can be used as a source of domestic supply.

C. Private Fire Hose Connections. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes, and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the City Council may adopt by resolution as herein provided.

3-43

SECTION 12

312.001 SHORTAGES, RESTRICTED USES AND HOURS

A. The City shall not be liable for any deficiency in the supply of water to the customers, whether occasioned by shutting the water off for the purpose of a fire, or alarm of fire or making repairs to an existing water line or construction of a new water line or connections or from any other cause whatsoever. The City is authorized to shut off the water at such time as may be deemed necessary by the Mayor in emergency situations and the water may remain off as long as necessary. Said restrictions imposed by the Mayor shall be confirmed by the City Council at the next regularly scheduled meeting thereof.

B. The City Council shall have the right to impose reasonable restrictions on the use of the City water system. When it is determined that a shortage of water threatens the City, it may prohibit water use entirely, or limit the times and hours during which water may be used from the City water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and/or other uses. It is unlawful for any water user to cause or permit water to be used in violation of this determination after public announcement has been made specifically indicating the restrictions thereof.

C. The City Administrator or designated representative shall have the authority to declare the terms and conditions of the water use restrictions. Notice of such emergency measures may be given by publication or posting or such other manner as determined appropriate for the situation. Restrictions shall become effective immediately following announcement of the same. Such emergency measures shall continue until notice of discontinuance is given by the City. The restrictions shall be confirmed by the City Council at the next regularly scheduled Council Meeting.

D. In case of fire, or the alarm of fire, all hydrants used for irrigation, yards, or gardens must be closed

until such fire shall be extinguished.

E. Opening Hydrants. It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the City, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use.

F. Unmetered Service. Unmetered water services on the City distribution system within the City are

prohibited.

312.002 REGULATING NONESSENTIAL WATER USAGE UPON CRITICAL WATER DEFICIENCY.

A. Purpose. This ordinance establishes water conservation restrictions; and the plan will be in effect at any time the governor declares by executive order a critical water deficiency, pursuant to Minn. Stat. §103G.291.

B. Definitions.

City Clerk-Treasurer in statutory cities means the person assigned duties pursuant to Minn. Stat. § 412.151; or the City manager pursuant to Minn. Stat. §§ 412.601 – 412.751 or in charter cities as determined by City charter. Department means the City water department. Emergency means the declaration of a critical water deficiency by the governor.

3-44

Irrigation means the watering of shrubs, trees, sod, seeded areas, gardens, lawns, or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes. Notification to Public means notification through local media, including interviews and issuance of news releases. Public Water Supplier means the City or other entity that owns, manages, or operates a public water supply, as defined in Minn. Stat. § 144.382, subdivision 4. Reclaimed Water means water collected from rooftops, paved surfaces, or other collection devices and all water utilized more than once before reentering the natural water cycle. Water Recirculation System means any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle.

C. Application.

1. This ordinance applies to all customers of public water suppliers who own or control water use on

any premises. 2. No person shall make, cause, use, or permit the use of water received from a public water supply

for residential, commercial, industrial, governmental, or any other purpose in any manner contrary to any provision in this ordinance.

3. Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the governor.

D. Declaration of Critical Water Deficiency. Upon the declaration of a critical water deficiency by the

governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the City Council, or the official City bulletin board. The City shall provide notification to the public as quickly as possible or through established water supply plans, emergency response plans, or procedures.

E. Mandatory Emergency Water Conservation Measures. Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential water use shall be enforced:

1. Outdoor irrigation of yards, gardens, golf courses, parklands, and other nonagricultural land,

except for those areas irrigated with reclaimed water, is prohibited. 2. Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios, or other paved

areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.

3. The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.

4. Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.

5. Operation of outdoor misting systems used to cool public areas is prohibited. 6. The filling of swimming pools, fountains, spas, or other exterior water features is prohibited. 7. The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited,

except at facilities equipped with wash water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety, and welfare.

F. Variances. The City Clerk-Treasurer or their designee, is authorized to grant variances to this

ordinance where strict application of its provisions would result in serious hardship to a customer. A variance may be granted only for reasons involving health or safety. An applicant may appeal the denial of a variance within five (5) days of the decision by submitting a written appeal to the City

3-45

Clerk-Treasurer. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final.

G. Violation.

1. Violations shall be determined and cited by the City Clerk-Treasurer or his/her designee. A violator may appeal the citation within five (5) days of its issuance by submitting a written appeal to the City. The City Council shall hear the appeal at the next City Council meeting. The decision of the City Council is final. Violators may be granted an administrative waiver if evidence is provided that equipment failure was the cause of the violation. A letter from a qualified vendor or equipment invoice will be required to show proof of equipment failure.

2. Upon discovery of a first violation, the violator shall be issued, either personally or by mail, a warning letter that sets forth the violation and which shall describe the remedy and fines for future violations.

3. Upon subsequent violations at the same location, the violator shall be issued, either personally or by mail, a citation that sets forth the violation and shall describe the remedy. Fines shall be added to the monthly water bill of the owner or current occupant of the premises where the violation occurred. The imposition of the fine shall in no way limit the right of the City to pursue other legal remedies.

H. Enforcement. The City Clerk-Treasurer or his/her designee is authorized to designate City employees or law enforcement personnel to enforce the provisions of this ordinance.

I. Severability. If any provision of this ordinance or the application of any provision to a particular

situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated.

3-46

SECTION 13

313.001 SOLID WASTE REMOVAL IN THE CITY OF WINSTED

A. Definitions. Whenever the following words are used in this Section they shall mean: 1. "Commercial Establishment" shall mean any premises where a commercial or industrial

enterprise of any kind is carried on, and shall include restaurants, clubs, churches, schools, hospitals, public buildings, and any other nonresidential premises where garbage accumulates. Commercial establishment shall also include dwelling units, accessory to a commercial establishment, provided that the units are able to use the garbage containers of the commercial establishment.

2. "Solid Waste" shall mean wastes, garbage and rubbish of all kinds that accumulate in the ordinary

operation of a residential dwelling. It shall not include unacceptable waste such as hazardous waste, batteries, used motor oil, tires, and any other material listed as unacceptable by the State of Minnesota.

3. "Garbage" shall mean all putrescible wastes, including animal offal and carcasses of dead

animals, but excluding human excreta, sewage and water carried wastes. 4. “Hauler” shall mean any person who collects or transports solid waste but does not include a self-

hauler. 5. “Industrial Waste” shall mean all organic and inorganic wastes except garbage, resulting from

any manufacturing, building repairing, demolition, construction, processing, grain cleaning, the operation of garages and service stations, and other similar activities.

6. "Multiple Residential Dwelling" shall mean any building used for residential purposes consisting

of more than four dwelling units with individual kitchen facilities for each. “Multiple Family Dwelling” includes the “R-M” Manufactured Home Residential District.

7. "Other Refuse” shall mean ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and

similar non-putrescible wastes, including sand, earth, brick, stone and concrete except when on-site construction is occurring; and trees, tree branches and wood except when stored as firewood.

8. “Recyclable” shall mean materials which may be recycled or reused through recycling processes. 9. “Residential Dwelling” shall mean any single building containing one through four residential

dwelling units with individual kitchen facilities for each. "Residential Dwelling" includes townhouses.

10. “Self-Hauler” shall mean a person who transports their own solid waste for solid waste

management purposes.

B. Garbage Collection. It shall be unlawful for any owner of an occupied residential dwelling, multiple residential dwelling, or commercial establishment not to have periodic collection or disposal of garbage or other refuse as required in this section. It shall be unlawful to dump or bury garbage and other refuse in the City.

C. Storage.

1. Containers used in the City for garbage or other refuse must be:

a) Made of metal or other suitable material that is not easily corrodible or combustible; b) Watertight, insect and rodent-proof;

3-47

c) Kept tightly covered when containing garbage or other refuse; d) Placed in such a manner as to prevent them from being overturned; e) Not placed upon any street or roadway without prior approval from the City; and f) Maintained in a sanitary and safe condition, free of substance on the exterior that attracts or

breeds flies, other insects, or rodents, and free of ragged or sharp edges or other defects that may impede or injure the person collecting the contents.

2. In addition, garbage or other refuse containers for residential dwellings must be:

a) Equipped with suitable handles and tight-fitting covers; and b) A size and weight that can be handled by one person; and c) Only those containers supplied by the City contractor in such volumes and weight specified

in the City contract; and d) Provided in sufficient number to hold all garbage and refuse accumulating between

collections; and e) Washed and treated with a disinfectant as often as necessary to prevent a nuisance; f) Be vendor approved containers; and g) All special containers must meet the approval of the hauler based on sanitation safety, weight

limitations and ease of handling.

3. In addition, garbage or other refuse containers for multiple residential dwellings and commercial establishments must be: a) Provided in sufficient size to hold all garbage or other refuse accumulating between

collections; and b) Conveniently located with respect to the residential units or establishment; and c) Placed in an enclosure complying with the requirements of paragraph four (4) below; and d) In compliance with applicable provisions of the City Zoning Ordinance.

4. Enclosures not complying with the requirements of this Section must be promptly repaired or

replaced with ones that do comply. Whenever an enclosure is in poor condition, the hauler may tag the enclosure with a notice of the defects and the requirement to repair or replace the enclosure. A copy of the notice must be given to the City, and if on the next collection date, the enclosure has not been repaired or replaced, the hauler may notify the City and discontinue collections from the premises.

5. The property owner or occupant shall have the garbage or other refuse removed at regular intervals, being at least once per week, or as often as deemed necessary by the City.

D. General Operating and Equipment Standards.

1. All garbage, other refuse, or industrial waste which is collected must be secured in covered, leak-

proof vehicles or containers such that loads will not blow free or discharge liquids from the hauler vehicle. Where spillage does occur, the material must be picked up immediately by the hauler or solid waste transporter. Spillage that cannot be immediately and completely cleaned up must be reported to the City.

2. All vehicles or containers which are used to collect garbage, other refuse, or industrial waste on a regular basis must be kept clean and free of residues of the waste materials so as to minimize problems associated with odors, animals, and insects.

3. No one shall collect or transport garbage, other refuse, or industrial waste that is smoking, smoldering, or burning, except in a container designed and approved by the fire marshal and the City for that purpose.

3-48

4. Garbage, other refuse, or industrial waste may not be stored in any type of collection or transportation vehicle for a period of more than forty-eight (48) hours. This period may be extended up to seventy-two (72) hours if the garbage, other refuse, or industrial waste cannot be disposed of or processed due to a legal holiday being celebrated on a Friday or Monday. Non-putrescible source-separated recyclable materials may be stored in collection and/or transportation vehicles for no longer than seven (7) calendar days.

5. No solid waste collection or transportation vehicle which is not thoroughly cleaned and free of waste residues may be parked outdoors within 500 feet of a commercial or residential structure not owned by the owner or the operator of the vehicle for more than two hours unless the City has been notified and has approved a longer duration.

6. All relevant Minnesota Department of Transportation (MnDOT) and Minnesota Department of Health (MDH) requirements regarding equipment, operations, and inspections and all applicable local, state and federal regulations must be met.

E. Licensing of Haulers. 1. No person shall collect garbage, other refuse, or industrial waste from any person, property, or

business located within the City of Winsted, unless a license thereof shall first have been obtained from the City.

2. The City Council shall consider any application for a solid waste hauler license. If the Council finds that the applicant is licensed to collect in McLeod County, is responsible, has a good record of operations, is in compliance with applicable legal requirements, and has the proper equipment, facilities, resources and personnel to provide good quality collection service, and that it would be in the public interest to do so, it may direct the City Clerk to issue the license to the applicant.

3. The applicant shall submit to the City Clerk-Treasurer a certification of insurance containing such terms and in such an amount as shall be determined by the City Council.

F. City Contract. 1. The City Council may contract for collection of garbage or other refuse from residential

dwellings in the City on such terms and for such periods as the Council may determine. The City Council may solicit proposals and award a contract based on the amount of the proposal submitted as well as considerations of overall cost, general safety, as well as the number and level of services offered.

2. Haulers shall have a registered office and notify the City Clerk-Treasurer of any change in the office.

3. Haulers shall furnish the equipment and personnel necessary for the collection of garbage or other refuse.

4. If the City has entered into a contract under this Subdivision, only haulers under contract with the City may collect the garbage or other refuse from residential dwellings within the City, and no other person shall make a business or collect a fee for the collection of garbage or other refuse from residential dwellings within the City.

5. The garbage or other refuse collected by the haulers shall be transported and disposed of in the manner provided by law.

3-49

6. Haulers shall furnish a performance bond or certificate of deposit in an amount determined by the City, conditioned upon the satisfactory performance of the contract, which designates the City as beneficiary and deposit the same with the City Clerk-Treasurer.

7. Haulers shall maintain such insurance in such amounts as is determined by the City Council, and shall name the City and its elected and appointed officials and employees as additional insureds under such insurance.

8. Haulers shall at all times maintain Worker’s Compensation Insurance.

9. Haulers shall protect, defend, hold harmless and release the City, its elected and appointed officials and employees from any and all claims, demands, judgments, fines, penalties, assessments, settlements, costs and expenses, including attorney fees and costs, arising out of, or relating to the contract and the performance of the contract and collection activities.

10. Haulers shall comply with all applicable county ordinances and regulations and state laws and regulations not inconsistent with this chapter unless such laws supersede the provisions of this chapter.

G. Service Charge.

1. The contract between the City and the hauler shall specify whether the City or the hauler will

send bills to the premises served. The City, or the City’s hauler, shall charge each dwelling served on the basis of service rendered, as determined by the Council. The bill for such charges shall be sent to the persons served.

2. If the City has selected to send bills to the premises served, following thirty (30) days-notice to the property owner and/or occupant, any charge for collection service not remitted in a timely manner may be collected by the City Council as an assessment against the property pursuant to civil litigation.

H. Hours of Operation.

1. Haulers servicing commercial establishments must operate between the hours of 6:00 a.m. and 8:00 p.m.

2. Haulers servicing residential dwellings or multiple residential dwellings must operate between the hours of 7:00 a.m. and 5:00 p.m.

3. No collection of garbage, other refuse, or industrial waste shall be allowed on Sundays.

(Ord. 82-01, Sec. 4, 5/17/82; O-12-07, 8/7/12)

3-50

SECTION 14

314.001 . ADDITIONAL RULES AND REGULATIONS.

The City Council shall have authority to make and adopt any other rules and regulations in furtherance of the purposes of this ordinance as it deems appropriate, not inconsistent with this ordinance.

314.002. EFFECTIVE DATE.

The effective date of this Ordinance shall be after its adoption and publication, according to law. 314.003. REPEAL.

To the extent any other Ordinance of the City of Winsted is inconsistent herewith, the same is repealed. 314.004. SUMMARY APPROVED.

The Council hereby determines that the text of the summary of this ordinance marked “Official Summary of Ordinance No. O-19-03” and a copy of which is attached to this ordinance, clearly informs the public of the intent and effect of this ordinance. The Council further determines that publication of the title and this summary will clearly inform the public of the intent and the effect of this ordinance. The City Clerk-Treasurer shall file a copy of this ordinance and the summary in the City Clerk-Treasurer’s office which shall be available for inspection by any person during regular office hours.

ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF WINSTED, MINNESOTA, THIS 15th DAY OF OCTOBER, 2019.

Steve Stotko, Mayor

Attest: Raquel Kirchoff, City Clerk-Treasurer

October 3, 2019

City of Winsted Attn: Adam Birkholz 201 First Street N Winsted, MN 55395

RE: WWTF Pond Decommissioning / Salonek Property Culvert

Dear Mr. Birkholz: Background:

The City’s previous Wastewater Treatment Facility (WWTF) discharge permit required that the old ponds be decommissioned. This work began in 2014 as a stand-alone project and then was completed in 2018 as part of the wastewater treatment facility upgrade project. This work was more cost effective to have the removed biosolids be hauled offsite and applied to local farm fields. One of these fields was owned by Mr. Salonek and is located southwest of the WWTF (directly south of the new industrial park). This application required the City’s contractor to make multiple trips across the ditch containing a culvert owned by Mr. Salonek. Mr. Salonek notified the City a few years ago that the culvert had been damaged, and then notified the City earlier this year that the culvert had failed.

Findings:

The culvert was reviewed after the original notification and found to be in poor condition. Discussions occurred with the property owner at this time but nothing was resolved. The culvert was reviewed again this summer and was found to have collapsed. A meeting was held onsite with the property owner to review and discuss. It was agreed that the City pond decommissioning project contributed to the culvert failing, but to what extent is very difficult to tell. We asked Mr. Salonek to obtain a price from his contractor to replace the failed culvert with a new 36-inch culvert. That price was obtained and forwarded to the City with an amount of $3,300. Recommendations:

The City’s wastewater discharge point is now into the ditch at a location upstream of the failed culvert. It is in the City’s best interest to maintain flow through this ditch and adequately convey the City’s discharged wastewater offsite. Additionally, it is believed that the culvert failure was partially as a result of a previous City project. After discussing with the property owner, it is recommended the City reimburse him $2,300 of the $3,300 cost for the replacement of the culvert. Please let me know if you have any questions or concerns about this matter.

Sincerely, Bolton & Menk, Inc.

Jake S. Saulsbury, P.E.

Meeting Date: October 15, 2019 Submitted By: Adam Birkholz, City Administrator City Council Request Subject: Sanitary Sewer System Policies

BACKGROUND: Minnesota Cities need to exercise reasonable care for sewer systems to avoid sewer back-up liability. This means cities must establish an inspection and maintenance program and emergency procedures. As part of the amendment process of the Utilities Ordinance, City staff reviewed current City of Winsted procedures regarding sanitary sewer maintenance and emergency response. City staff determined it is best to update the current policies and procedures. The goal of the proposed Sewer Maintenance Policy, Emergency Response Policy, and Backflow Check Valve Policy is to help avoid sewer backups through improved system maintenance and to limit the City of Winsted’s liability through improved documentation when a sewer backup does occur. City Staff is proposing the following policies for approval:

• Sanitary Sewer Maintenance Policy: The Sanitary Sewer Maintenance Policy will help plan for use of the City’s resources, establish priorities for sanitary sewer maintenance work, and provide explanation as to how and why the City performed the sanitary sewer maintenance. The policy will also assist in long-term planning for employees and budget considerations.

• Emergency Response Policy: The emergency response policy will address the steps the City will take to respond to an emergency sanitary sewer issue.

• Back Flow Check Valve Policy: On occasion, the City of Winsted may purchase and install a sewer backflow check valve (“check valve”) at certain properties for the purpose of preventing sanitary sewer backups. In general, this action will be reserved for properties that have had multiple and/or severe sanitary sewer backups.

Currently, most of the proposed sewer related policies are being performed by staff as unwritten procedures. By developing a written policy, the City will be provided with a consistent and documented method of performing system maintenance and response. FINANCIAL/BUDGET: None. This item has no financial or budget impacts. OPTIONS: 1. Adopt a Sanitary Sewer Maintenance Policy, an Emergency Response Policy and a Backflow

Check Valves Policy for the City of Winsted, Minnesota. 2. Other. RECOMMENDATION: 1. Adopt a Sanitary Sewer Maintenance Policy, an Emergency Response Policy and a Backflow

Check Valves Policy for the City of Winsted, Minnesota. COUNCIL ACTION: Consider a motion to adopt a Sanitary Sewer Maintenance Policy, an Emergency Response Policy and a Backflow Check Valves Policy for the City of Winsted, Minnesota. ATTACHMENTS: A) Sewer Maintenance Policy B) Emergency Response Policy C) Backflow Check Valve Policy

SANITARY SEWER MAINTENANCE POLICY CITY OF WINSTED, MINNESOTA 1. Purpose

It is the policy of the City of Winsted to comply with all applicable state and federal regulatory requirements. The City intends to provide effective and efficient maintenance to its sanitary sewer system by evaluating political, social, safety, and economic concerns, among others. Procedures identified in this policy are intended to maintain the sanitary sewer system to prevent sewer backups. These procedures, when implemented, may also extend the service life of various components of the sanitary sewer system. The City has approximately 79,360 feet, 325 manholes and six (6) lift/pump stations within its sanitary sewer system. Procedures identified in this policy are intended to maintain the City’s sanitary sewer system to prevent sewer backups and to extend the life of the system. The City has developed and implemented this policy that takes into consideration public safety, the City’s budget and personnel, environmental concerns, and the cost of implementation versus the benefit to be achieved. The City will use its employees, equipment and/or private contractors to provide this service. While the City fully intends to meet the guidelines established in this policy, there may be times when this is not feasible. Issues including, but not limited to, budget constraints, critical equipment failure, or weather and other emergencies may prevent the City from meeting the guidelines established herein. The City Council may override provisions established within this policy. Deviations from the goals established in this policy will be documented. The City will use this policy to guide any sanitary sewer maintenance activities to be provided by a contractor or a party other than the City.

2. Routine Maintenance and Inspection Goals

A. Sanitary Sewer Mains

Scope of City’s Responsibility The City will maintain the components of the public sanitary sewer system. This includes sanitary sewer mains, manholes, lift stations, waste water treatment plants, and other components. Private property owners are responsible for the maintenance of sanitary sewer components from their property up to the main sewer line and including the wye connection to the public system. Property owners or their contractors are responsible for contacting the City and securing permission prior to conducting work in the public Right of Way (ROW) and disturbing public infrastructure, including concrete or bituminous. The City will incur the cost of all bituminous and curb and gutter replacement located within the public ROW.

Schedule The City’s goal is to inspect and maintain the components of its sanitary sewer system according to the attached schedule (Exhibit A). Equipment The equipment used to perform maintenance will depend upon the equipment available and its effectiveness as determined by qualified staff. Television Inspection The City’s sanitary sewer mains will be inspected by television camera in accordance with the attached schedule. Any sewer mains located on a street where a street maintenance project is planned will be inspected before and after such a project. Sanitary sewer mains in a new development must be televised before said mains are turned over to the City. Television inspection may also be used to inspect the system where there are possible problems. In addition, the City may require any main near a construction site to be televised before and after the construction (i.e., near blasting, digging, other activities that might disrupt the main, etc.) Visual recordings of sewer main televising may be required of any vendor performing this service for the City. A written report summarizing and interpreting the findings of the televising will also be required. These records will be kept by the City for a minimum of twelve (12) years.

B. Problem Areas

The sanitary sewer mains and facilities identified as Category 1 will receive ordinary routine maintenance as noted on sewer maps and schedules. The sanitary sewer mains and facilities identified on the sewer map as Category 2 will receive more frequent maintenance and those identified as Category 3 will receive less frequent maintenance. When a sewer main or facility is identified as anything other than Category 1, the reasons why maintenance is needed on a different schedule will be documented. Sewer mains and facilities will receive maintenance according to the attached schedule (Exhibit A). Generally, sanitary sewer mains will be maintained every three (3) to four (4) years, depending on the pipe material and classification. The Public Works Supervisor will determine whether a main or facility is Category 1, receiving routine sewer maintenance, Category 2, receiving more frequent maintenance or Category 3, receiving less frequent maintenance. Based on periodic assessment, maintenance will be adjusted and a sewer main may be moved from one category to another.

C. Sanitary Sewer Lift Stations

The City contracts with an outside vendor to maintain the lift station and is to follow recommended maintenance as determined by the State of Minnesota. The number of lift stations, location, date of installation, and capacity of each lift station is kept on record. Maintenance for each lift station is reflected in Standard Operating Procedures (SOP) and Standard Maintenance Procedures (SMP).

Components of SOP and SMP include: Easy availability of original manuals with manufacturers’ recommended maintenance

schedules for all lift station equipment Operating procedures for manipulating pump operations (manually or automatically)

during wet weather to increase in-line storage of wet weather flows Setting wet well operating levels to limit pump start/stops Cleaning wet well Calibrating flow meters or conducting draw down tests Regular rotation of lead, lag, and backup pumps Regular inspections of lift station, alarm systems and electrical components Maintenance of operation logs and general records for all lift station activities, including

inspections Identify problem areas/components

3. Inflow and Infiltration

Inflow and infiltration occur when clear water gets into the sanitary sewer system. This may occur through cracks or leaks in the sewer pipes and manholes or through sump pumps incorrectly connected to the sanitary sewer system. Inflow and infiltration can lead to backups, overflows and unnecessary and expensive treatment of clear water. City employees will periodically inspect manholes to identify any that contribute to this problem. Sanitary sewer mains will be maintained and inspected pursuant to the City’s Sanitary Sewer Maintenance Policy.

4. Personnel Responsibilities and Requirements

A. Exercise of Professional Judgment

It is expected that City employees, in accordance with their job duties and responsibilities, will exercise their professional judgment in the implementation of this policy. Further, it is expected that in emergency situations (see Emergency Response Policy) City employees will be required to exercise their discretion and weigh political, social, and economic considerations including but not limited to public and employee safety, the potential for damage to private property and the City sanitary sewer system, and environmental concerns.

B. Training and Education

The City will provide training to employees responsible for maintenance of and emergency response to issues with the sanitary sewer system. Training of employees will include education necessary to earn and maintain appropriate operator certifications. Training will also address standard operating procedures, proper use of equipment, emergency response and other topics required by state and federal regulatory agencies.

C. Work Schedule

Full-time City employees in the Public Works Department will be expected to work regular shifts according to the City of Winsted Employee Personnel Policy. In sewer-related emergencies, employees may be required to work in excess of their regular shift. Budget and safety concerns may limit the length of time an employee is permitted to work.

D. Weather Conditions

Routine sewer maintenance operations will only be conducted when weather conditions do not endanger the safety of City employees and equipment. Factors that may delay sewer maintenance operations include, but are not limited to: severe cold, severe heat, flooding, rain, snow and other severe weather events.

5. Documentation

The City will document all of its inspection and maintenance activities and emergency responses for its sanitary sewer system. The City will also document circumstances that limit its ability to comply with this policy. A report should be prepared periodically for the purpose of evaluating maintenance activities and for determining goals for the future. These records will be kept in accordance with the City’s records retention schedule.

6. Public Education

Periodically, the City may inform residents of their responsibilities related to sanitary sewer service from the City of Winsted. The City’s website informs residents of their responsibilities related to sanitary sewer service from the City of Winsted.

7. Other Sanitary Sewer System Policies

The City has other policies and/or ordinances that are important to the ongoing operation of the City’s sanitary sewer system. The following documents are available on the City’s website and in the Public Works Department.

• Utilities Ordinance • Emergency Response Policy • Backflow Check Valve Policy • Policy and Procedures for Frozen Water and Sewer Lines • Policy and Procedures for Water/Sewer Billing Estimates & Unusually High Meter Readings

Adopted by the City Council this 15th day of October, 2019. ____________________________________

Steve Stotko, Mayor Attest: ________________________________ Raquel Kirchoff, City Clerk-Treasurer

SANITARY SEWER EMERGENCY RESPONSE POLICY CITY OF WINSTED, MINNESOTA

Procedure It is the City’s policy to respond to sewer backups, lift station problems or failures, or other system problems or failures 24 hours a day, 365 days a year. During normal business hours, all calls and reported problems will be routed to and employees dispatched by the Public Works Department. Normal business hours are from 7:00 a.m. to 3:30 p.m., Monday through Friday, excluding legal holidays. At all times other than normal business hours, emergency calls will be routed to McLeod County Non-Emergency Dispatch. The Public Works Supervisor will designate one or more employees as “on call” during non-business hours and will develop an on-call schedule and on-call response procedures.

Response It is the goal of the Public Works Department to provide an initial response within one (1) hour, or as soon as possible under the circumstances, of receiving report of a problem or an emergency call. The time necessary to remedy a problem will vary depending on the number of calls, the nature and seriousness of the problem, weather, and other factors that may impact the department’s ability to respond, find and correct a reported problem.

When appropriate, a City employee will check the City’s sanitary sewer main at the point of the problem. Corrective action will be taken if the City’s sanitary sewer main is found to be blocked or obstructed.

When a blockage found in a sanitary sewer main is causing a backup into a private portion of the system, the first priority will be to address the problem in the City’s sanitary sewer main.

After a sanitary sewer backup is remedied, efforts to determine the cause of the blockage or backup will be undertaken by those responding to the emergency. Written records of emergency response will include information and documentation concerning the cause(s) or possible cause(s) of the blockage or backup.

When investigation of a backup determines that the problem is within the private portion of the sanitary sewer system, the sewer customer will be informed of possible corrective action they may have to perform on their portion of the system.

Reporting The State Duty Officer (1-800-422-0798 or 651-649-5451 in the metro) must be notified when bypassing the City’s sanitary sewer system or otherwise discharging sewage anywhere other than to the City’s sanitary sewer system.

The State Duty Officer must be notified within one (1) hour of discovery of sewage being discharged anywhere other than to the City’s sanitary sewer system.

2

All sewer backup claims must be referred to the League of Minnesota Cities Insurance Trust (LMCIT) for determination of liability. City employees are instructed to not admit or mislead residents about City liability for backups in the municipal sanitary sewer system. Adopted by the City Council this 15th day of October, 2019. ____________________________________

Steve Stotko, Mayor Attest: ________________________________ Raquel Kirchoff, City Clerk-Treasurer

SEWER BACKFLOW CHECK VALVES POLICY CITY OF WINSTED, MINNESOTA On occasion, the City of Winsted may purchase and install a sewer backflow check valve (“check valve”) at certain properties for the purpose of preventing sanitary sewer backups. In general, this action will be reserved for properties that have had multiple and/or severe sanitary sewer backups. The City may recommend this action to a property owner or the request for a check valve may come from a property owner. The determination of which properties qualify for a City-provided check valve will be made by the City on a case-by-case basis. Items to be considered include, but are not limited to: The number and severity of sanitary sewer backups that have occurred at the property. The cause of the sewer back up and the location of any blockages. The type of building and contents of the building located on the property. Pending sanitary sewer system improvements that would improve service to the property. Sanitary sewer system improvements that have already taken place to improve service to the

property. Before a check valve will be provided, both the City and the property owner must enter into an agreement regarding the purchase, installation and follow up care for a check valve. The City may hire a contractor to carry out the installation of a check valve. The purchase and installation of a check valve for one property does not entitle another property owner to the same service. Neither this policy nor the practice described herein confers rights on another property owner. The City will evaluate this policy and practice on an ongoing basis and may discontinue the provision of check valves to property owners at any time. Adopted by the City Council this 15th day of October, 2019. ____________________________________

Steve Stotko, Mayor Attest: ________________________________ Raquel Kirchoff, City Clerk-Treasurer

Meeting Date: October 15, 2019 Submitted By: Adam Birkholz, City Administrator City Council Request Subject: 2019 City Council Priorities, Third (3rd) Quarter Update BACKGROUND: On January 16, 2019, the City Council conducted its annual Goal Setting Retreat, which outlines the Council’s vision for the upcoming year and provides guidance to City staff regarding certain programs, projects and services. As part of this process, the Council adopted several City Council Priorities which are a set of outcome-based goals with quarterly milestones. Additionally, Council Priorities are established using the following guidelines:

• Accomplishable with a one-year time period; • Consistent with the adopted positions of the Council (e.g., plans, resolutions, ordinances); and • Under the direct control or sphere of influence of the Council or City staff.

Moreover, Council Priorities guide the efforts of City staff and consultants, as well as provide a measure of their performance. As such, Council Priorities are reviewed quarterly to consider generally the performance of City staff, and to allow the Council to make informed decisions about high priority programs, projects and services. The following update is for the third (3rd) quarter of 2019. At present, there are twelve (12) Council Priorities and their general progress, which understood through a “traffic light” system, is as follows:

Project-specific updates are available in the Q3 2019 City Council Priorities Update (Attachment A). City staff will provide the Q4 2019 City Council Priorities Update at the January 21, 2020 City Council Regular Meeting. FINANCIAL/BUDGET: None. This item has no financial or budget impacts. OPTIONS: None. This item is for information only. RECOMMENDATION: None. This item is for information only. COUNCIL ACTION: None. This item is for information only; no action is requested. ATTACHMENTS: A) Q3 2019 City Council Priorities Update

Status Description Total (N) Total (%)Green On schedule. 6 50.0%Yellow One quarter behind schedule. 3 25.0%Red More than one quarter behind schedule. 0 0.0%Red - On Hold Behind schedule, but outside of City control. 3 25.0%Total 12 100.0%

Q3 2019 Council Priorities Summary

10/15/2019 2019 City Council PrioritiesCity of Winsted, Minnesota

Attachment A

Third Quarter Third Quarter Status Summary1 n/a Continue design and begin construction of the Runway Improvement

Project for the Winsted Municipal Airport.Leadership and Planning

Adam Birkholz Airport Commission Red - On Hold Accept grant funds from FAA and MnDOT. Construction for Runway Improvement Project begins, including gas line relocation. Approve Resolution regarding 2019 Runway Improvement Fee.

On September 3, 2019 construction on the gas line relocation commensed. On September 24, 2019 the Mayor and City Staff executed the grant agreements with the FAA and MnDOT. Due to the delay in funding and the extremely wet weather conditions, the runway construction is delayed until spring of 2020.

2 n/a Consider programs and strategies to encourage the development of senior housing within the City of Winsted.

Leadership and Planning

Adam Birkholz Economic Development Authority

Yellow Conduct a Hazardous Material Survey and a Response Action Plan (RAP). Submit grant application to DEED. Approve the design of senior housing units.

Represenatives from The Schuett Companies, Inc. attended the September 20, 2019 EDA meeting to discuss a potential Senior Housing project in Winsted. Site preferences were determined. Based on action steps discussed, City Staff continues to have discussions with property owners in regards to site acquisition.

3 n/a Complete the Winsted Volunteer Fire Department Strategic Operations Plan; and begin implementation of the various recommendations, including new service agreements with area townships.

Excellence and Quality in the Delivery of Services

Brian Langenfeld Winsted Volunteer Fire Department Board

Green Present the Strategic Operations Plan to the Fire Board. On August 6, 2019 a Fire Board meeting was held to discuss the 2020 budget and recommendations of the Strategic Operations Plan. City Staff reviewed the recommended changes to the bill methodology with the Fire Board, along with the financial implications to each entity. The Fire Board recommended further discussion regarding the billing methodogy proposal at a Fire Board Meeting in November, 2019.

4 14 Continue development of County State Aid Highway (CSAH) 5 Extension Project.

Leadership and Planning

Adam Birkholz City Council/Work Sessions

Green Finalize the JPA. On August 6, 2019 the City Council approved a motion to adopt Resolution R-19-30, approving a cost sharing arrangement with McLeod County for the County State Aid Highway (CSAH) No. 5 Extension Preliminary Design. The same agreement was approved by McLeod County on September 3, 2019. Completion of the Preliminary Design is anticipated in Spring of 2020.

5 13 Develop an Infrastructure Maintenance and Management Plan for the Public Works Department.

Excellence and Quality in the Delivery of Services

Dave Meyer City Council/Work Sessions

Yellow Present the draft Infrastructure Maintenance and Management Plan to the City Council for review and comment.

A current draft is 50% complete. City Staff plans to present a first draft to the City Council at the November 6, 2019 City Council meeting.

6 11 Update City of Winsted Comprehensive Plan. Include Park System Master Plan, Sidewalks and Trails Plan, Pavement Management Plan, etc.

Leadership and Planning

Adam Birkholz Planning Commission

Red - On Hold Project development with the land use consultant and Planning Commission.

The City's Land Use Consultant determined his schedule would not allow him to complete the project in a timely fashion until after 2019. The project will be revisited as part on the Budget Hearings on October 28, 2019.

7 11 Develop funding strategies and plan for storm water retention pond maintenance.

Excellence and Quality in the Delivery of Services

Adam Birkholz City Council/Work Sessions

Green Solicit project estimates and determine budgeting /financing options.

Updated project options, costs and financing options will be presented during the 2020 Budget Hearings and 2020 Goal Setting retreat.

8 10 Update the 2010 Pavement Management Plan for the City of Winsted. Leadership and Planning

Adam Birkholz City Council/Work Sessions

Green Staff review of the updated Pavement Management Plan. Combine sidewalk evaluation data.

Pavement evaluations were completed during the 2nd and 3rd quarters of 2019. On October 7, 2019 City Staff reviewed the pavement evaluations with Bolton and Menk. Additionally, City Staff reviewed utilities conditions within the lowest ranking street sections. Bolton and Menk will use Staff input to finalize the plan in the 4th quarter.

9 10 Continue development of the Industrial Park Expansion. Leadership and Planning

Adam Birkholz Economic Development Authority

Green Continue implementation of the new development and promotional strategies.

City Staff is currently in discussions with three businesses about locating to the Winsted Industrial Park. City Staff is reviewing costs associated with infrastructure installation required to serve the potential businesses.

10 7 Complete Engineering and Design for McLeod Ave. Reconstruction Project in conjunction with the acceptance of LRIP grant.

Leadership and Planning

Adam Birkholz City Council/Work Sessions

Green Complete final design and MnDOT plan reviews/approvals. Project design is at approximately 75% completetion. An open house was held on October 3, 2019 with invitations mailed to each impacted property owner. The open house allowed the impacted property owners to see the proposed project design and ask specific questions regarding the impact to their property. The project continues to be on schedule to meet grant requirments with the project starting in 2020.

11 7 Develop a plan and funding strategy to renovate light poles adjacent to County Road 1.

Leadership and Planning

Adam Birkholz City Council/Work Sessions

Yellow Council reviews project scope and plan. Determine financing/budget plan.

City Staff has received project estimates and is developing a project scope. Financing and budgeting options will be presented at the 2020 Budget Hearings.

12 1 Remediate the blight and dilapidated structures at 121 Baker Avenue East. Leadership and Planning

Adam Birkholz Economic Development Authority

Red - On Hold Review submitted proposals for removal of blighted structures and purchase of the property. Execute a purchase agreement and sell property.

Project proposals were due on August 23, 2019. One project proposal+A1:N15 was received and reviewed by the Economic Development Authority (EDA) on September 19, 2019. The EDA recommended denying the proposal and extending the deadline for additoinal proposals indefinitely. The project timeline will be re-evaluated in the spring of 2020.

2019 City Council Priorities as determined by Ranked Choice Voting

Quarterly Milestones

No.City Council

Votes Priority StatementValue Statement

AlignmentResponsible

Department Head Applicable Governing Body Priority Status

1