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City Council Agenda Packet 02-28-2005 . . . AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 28, 2005 - 7 p.m. SPECIAL MEETING STARTING AT LIBRARY AT 5 P.M. AND AT CITY HALL FOR THE 2005 CORE STREET PROJECT Mayor: Clint Herbst Council Members: Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stumpf I. Call to Order and Pledge of Allegiance. 2A. Approve minutes of February 14, 2005 regular Council meeting. B. Approve minutes of February IS, 2005 Workshop Meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and complaints. 5. Consent agenda. 1\ Consideration of new hires and departures. B. Consideration of waiving statutory liability limit for City insurance renewal.. C. Consideration of approving appointment to Planning Commission vacancy. D. Consideration to review Greater Monticello Enterprise Fund (GMEF) Loan No. 024 for compliance with the EDA-GMEF Business Subsidy Criteria. E. Consideration to approve the Business Subsidy Agreement within the Loan Agreement between the Monticello EDA and Tapper's Holdings LLC. F. Consideration to approve the Business Subsidy Agreement within the Contract for Private Redevelopment between the Monticello HRA, Tapper's Holdings LLC and Strategic Equipment and Supply Company. G. Consideration of a resolution declaring the City's official intent to reimburse itself for certain expenditures from the proceeds of bonds to be issued by the City. H. Consideration of approving 3/2 beer license for men's softball league at City ballfields. y Agenda Monticello City Council February 28,2005 . Page 2 I. Consideration of adopting a policy regarding wire transfers. 1. Consideration of authorizing city representatives to Joint Planning Board to select a County Board representative. K. Consideration of authorizing distribution of EA W for a 30 day comment period for the Hidden Forest/Sunset Ridge Development. L. Consideration of approving Change Order # 1 for TH 25/School Boulevard Traffic signal. M. Consideration of signal justification reports for CSAH 1-94 ramps and CR 39/CR75. N. Consideration of approving one day charitable gambling license for Open Trails ATV Club at the Monticello VFW Post. O. Consideration of modification to Municipal State Aid System by adding and reevaluating mileage. 6. Consideration of items removed from the consent agenda for discussion. . 7. Public Hearing - Consideration to approve a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and establishing TlF District No. 1-33 therein and adopting a TIF Plan therefor. 8. Public Hearing - Continuation of public hearing 7'h Street/Highland Way Project No. 2004-02 and ordering project. 9. Consideration of authorizing the Park Department to go ahead with the preparation of concept plans for the Ellison Park bathrooms. 10. Consideration to discuss alternatives and identify a course of action for continuation of2005 and 2006 Heartland Express public transit services. II. Consideration of renewal of mowing contract with Carefree Lawn Services. 12. Consideration of accepting feasibility report for Hillside Farms Outlet, Project No. 2004-7C. 13. Consideration of approving payment of bills for February. . . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 14,2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glcn Posusta and Brian Stumpf. Members Absent: None 1. Call to Order and Pled!!e of Alle!!iance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of Januarv 24. 2005 re!!ular Council meetin!!. Wayne Mayer questioned the language used relating to his appointment to the Police Commission. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JANUARY 24. 2005 COUNCIL MEETING AS CLARIFIED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y 2B. Approve minutes of Februarv 7. 2005 Assessment Workshop Meetin!!. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 7. 2005 ASSESS\;IENT WORKSHOP MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOlJSL Y. 3. Consideration of addin!! items to the a!!enda. Glen Posusta added to the agenda a discussion of ponding at the intersection of CSAH 18 and Fenning A venue by the Spirit Hills Townhomes. Also added was discussion of capital outlay purchases. Clint Herbst explained that prior to the regular meeting, a workshop including a tour of the Public Works facilities and a discussion of capital outlay purchases,was held. Ollie Koropchak asked for direction on filling the vacancy on the EDA Commisison. Brian Stumpf noted that item #5F on the consent agenda had a revision to it that had been submitted to the Council. He also asked if item #13. Maintenance of the pathway in the Oak Ridge development could be moved to the consent agenda. Tom Perrault noted that he had some questions on that item so it remained on the regular agenda. Bret Weiss stated that prior to the regular meeting a portion of the scheduled workshop meeting was to cover the 2005 Core Street Project but because the Publie Works tour was not completed until late, this item was not covered. The Council indicated they would review the 2005 Core Street Project at a ~A - 3 . . . Council Minutes - 2/14/05 workshop meeting prior to the February 28, 2005 meeting. Also added to the agenda was a request for a crosswalk at the high school and considcration of setting a meeting date with the Library Board. Mayor Herbst noted the passing of Carol Firkins, an employee in the Finance Department and Vincent Mayer the father of Council member Wayne Mayer. 4. Citizen commcnts. Iletitions. reQuests and comlllaints. None. 5. Conscnt a!!enda. A. Consideration of new hires and departures. Recommendation: Ratify new hires and departures as identified. B. Consideration of approving temporary liquor license for a wine tasting event. Recommendation: Approve the tcmporary liquor license for Hi-Way Liquors for March 11, 2005 at the Monticello Community Center. c. Consideration of adopting a resolution commemorating the 150lh anniversary of Wright County. Recommendation: Adopt Rcsolution 1'\0. 2005-12 commemorating 150'h anniversary of Wright County. D. Consideration ofpartnering with Wright County to obtain aerial photography. Recommendation: Authorize the City to enter into a partnership agreement with Wright County for aerial photography in an estimated amount of 52,631.58. E. Consideration of amending the recreational agreement between School District, MYHA and City. Recommendation: Approve addendum to the recreational agreement dated July 1,2004 between School District 882. City of Monticello and MYHA. F. Consideration to approve entering into the Declaration of Protective Covenants, Conditions and Protections for Otter Creek Business Campus. Recommendation: Approve entering into the Declarations of Protective Covenants, Conditions and Protections for Otter Creek Crossing. G. Consideration of a request for building and landscape plan review for Monticello Retail Center as a part ofthe Development Stage PUD approva1. Applicant: Ryan Companies. Recommendation: Approve the development stage PUD based on a 2 dA-~ Council Minutes - 2/14/05 . tlnding that the plans, with the conditions and recommendations listed in Exhibit Z, constitute an increased level of design and amenities sufficient to qualify the site for PUD approval with the conditions of Exhibit Z as follows: I. Consideration of the addition ofa Target logo sign on the north side of the Target building visible to High\vay 75. 2. The front \valkway area of the Home Depot is to be improved with the addition of planter areas for tree planting. These planter areas may consist of movable planters if desired. 3. The landscape plan in the area adjacent to St. Benedict's should be intensified by requiring a minimum of8 foot high evergreen trees at the time ofplaming, at no more than ]2 feet on center. 4. The pedestrian plaza area on "Outlot D" should be enhanced with shrub and tree plantings on the included berm, and \\'ill require further revic\v by: staff due to concerns over grading in this area. Limits to grading affecting the plan \vill be further defined or limited by FHA standards. H. Consideration of authorizing submittal of EA W for Poplar Hill (Insignia Developmcnt) to Environmental Quality Board. Recommendation: Authorize distribution of the EA W for the Poplar Hill development to the required agencies. 1. Consideration of calling for a public hearing on bill board ordinance amendments. Recommendation: Call for a public hearing to be conducted by the Planning Commission on March 1, 2005 on an amendmcnt to the zoning ordinance regulating relocation of lawful non-conforming billboard signs. d A - S . J. Consideration of authorizing installation of sanitary sewer flow meter and authorizing associated study for the trunk utilities for the Heritage/Silver Springs Development. Recommendation: Authorize obtaining sanitary sewer flow metering services ii'om SampleTech in the amount of$3,275. K. Consideration of finding that the City sale of land for SchOOl/Community meeting space use is consistent with Downtown Redevelopment Plan. Recommendation: Approve a motion finding that the proposed school/meeting space use at this location is consistent with the Comprehensive Plan for the City. Wayne Maycr asked that items 5D, partnering with Wright County on an aerial photography project and 5E, an amendment to the recreational agreement on the ice arena be pulled trom the consent agenda. Tom Perrault requested that item 5H, EA W for the Insignia Development and 5K, Findings of sale of City owned land for school/community use is consistent with Downtown Redevelopment plan also be removed for discussion. . , ~ . . . Council Minutes - 2/14/05 GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REVISED ITEM 5F AND ITEMS 5D, 5E, 5H AND 5K BEING REMOVED FOR DISCUSSION. WAYNE MA YER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from thc consent al!enda for discussion. 5D: Wayne Mayer stated his conccrn with this item was the cost to keep the aerials updated. He suggested that the $50 the City is currently charging Wright County to defray the cost for their DSL line/computer setup be set aside to fund future updates to the aerials. Brian Stumpf askcd Rick Wolfsteller if he had discussed this proposal with any other communities and what they intended to do. Rick Wolfsteller indicated that a number oflarger communi tics such as Buffalo, Albertville, St. Michael and Delano would likely participate. Glen Posusta askcd when the City last had aerials done and was informed it was aftcr the storm in 1997. This proposal would allow the City to access aerials from the County's websitc. Rick Wolfstellcr felt the County would procecd with this work even ifthere wasn't 100% participation by all the cities. Glen Posusta askcd about the critcria for allocating the costs. Rick Wolfsteller indicated that the County Surveyor had done the calculations based on size. population and number of parcels for each city. Wayne Mayer stated he did not have a problem going ahead with the aerial photography proposal but was concerned ahout setting up a mechanism to fund future updates ofthc aerials. Mayor Clint Herbst stated he was not in agreement with using the $50 charge to Wright County to fund the updates as he felt the City should discontinue charging this tce to the County. GLEN POSUSTA MOVED TO AUTHORIZE THE CITY TO ENTER INTO A PARTNERSHIP AGREEMENT WITH WRIGHT COUNTY FOR AERIAL PHOTOGRAPHY IN THE ESTIMATED AMOUNT OF $2,631.58. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 5E: Wayne Mayer indicated that he wanted this item pulled because of his concern about the City making two payments 01'$75,000 within such a short time frame. At the time the agreement was signed in July the City made their first payment and now the amendment was proposing a second payment 01'$75,000. Rick Wolfsteller indicated the MYHA wanted to move up the payment datc to February to coincide with the duc date of their loan. Rick Wolfsteller indicated that the City was not paying any more than what was specified in thcir agreement only that the date of payment was being changed. Clint Herbst asked if the years of paymcnt were tied to the ice time. Rick Wolfsteller stated that the City would get 20 years of 4 ;;).A-Ca Council Minutes - 2/14/05 . ice time regardless of when the City's] 0 year contribution was paid in full. BRIAN STUMPF MOVED TO APPROVE THE ADDENDUM TO THE RECREATIONAL AGREEMENT DATED JULY 1,2004 BETWEEN SCHOOL DISTRICT 882, CITY OF MONTICELLO AND MYHA. GLEN POSUSTA SECONDED THE MOTION WITH THE COMMENT THAT HE AGREED WITH THE COMMENTS CREDITED TO SCOTT HILL IN THE PAPER THAT THE MYHA COULD DO A BETTER JOB OF HANDLING THEIR FINANCES AND NOT HAVE TO KEEP COMING BACK TO THE SCHOOL AND THE ClTY. MOTION CARRIED UNANIMOUSLY. d. A- 7 5H: Tom Perrault noted on the plan for Insignia Development (Poplar Hills) that there was 44 acres proposed for park out of 21 0 acres being developed. He felt that was an excessive amount for park land. Bret Weiss stated that changing the amount of park land would not impact the Ell. W. It was noted that some of the area that was designated as park land was under the power lines and some was for storm water ponding making the net park area 29 acres. TOM PERRAULT MOVED TO AUTHORIZE DISTRIBUTION OF THE Ell. W FOR THE POPLAR HILL DEVELOPMENT TO THE REQUIRED AGENCIES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. . 5K: Tom Perrault questioned the number of students as he was under the impression it was 120 students. Clint Herbst indicated that it had been changed to 140 students and some pre-school activities. TOM PERRAULT MOVED TO APPROVE A FINDING THAT THE PROPOSED SCHOOL/MEETING SPACE USE AT THIS LOCATION IS CONSISTENT WlTH THE COMPREHENSIVE PLAN FOR THE CITY. GLEN POSUST A SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 7. Public Hearin!!: on Municipal Consent for CSAH 18/1-94 Interchan!!:e Proi.No. 2004-01C Bret Weiss made a presentation noting that when any change is made to an interstate it comes under the municipal consent statutes and requires a public hearing. The project will require acquisition of right-of-way. MnDOT has approved the interchange layout and it is a ftlll interchange. In 2003 the design was reconfigured and the state, county, MnDOT and the City felt the reconfigured design was a better layout. This full access would alleviate some of the traffic on TH 25. Three signals are being proposed; one at CSAH 18/CSAH 75 and the other two at the off ramps. Also as part of the project storm water improvements will be constructed and some existing utilities will need to be relocated. Glen Posusta asked about the overhead utilities and whether the lines would be placed . 5 . . . Council Minutes - 2/14/05 underground. Xcel Energy indicated that it would cost approximately $500,000 to place them undcrground so for the present time the lines are just being relocated. Thc construction is scheduled to start September 2005 and should be basicaHy completed by August 2006. Glen Posusta stated that his major concern is with the A VR site. OHie Koropchak indicated that she and Mayor Herbst wiH be meeting with representatives from A VR on Friday. Mayor Herbst opened the public hearing. Jim Sheehan, 2566 Meadow Oak Avenue, asked about the pedestrian bridge. Bret Weiss indicated that the pedestrian bridge will not be removed but it wiH be closed during construction. Clint Herbst closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR LA YOUT APPROVAL ON THE INTERCHANGE ON 1-94 AT CSAII18. TOM PERRAULT SECONDED THE 'VIOTlON. MOTION CARRIED WITH GLEN POSUST A VOTING IN OPPOSITION. Glen Posusta noted his opposition was because he did not feci comfortable going forward with this project until the A VR situation was resolved. 8. Public Hcarin!! on CSAH 18/1-94 Interchan!!e Proicct No. 2004-01C and orderinl; nroicct. City Engineer, Bret Weiss noted that this public hearing is held to comply with the requirements of Statute 429 which aHows the City to assess properties for improvements made. If the City determines to assess properties an assessment hearing will be held after the project is constructed. Bret Weiss broke out the project costs as foHows: CSAH 18 - $7,627,519; Chelsea Road - $486,426, ramps - $1,224,497; loops - $1,024,749; ponding - $1,215,597; and right-of-way- $4.586,350 making a total project cost of$16,159,138. To fund the estimated project cost it is proposcd that $2,000,00 would come from city trunk funds: Ryan Companies $2,350,000; Weinand $1,506,459; MnDOT $4,200,000; Wright County $2,000,000 and the City's share betwecn $4,500,000 - $6,500,000. Bret Weiss presented a sketch showing the properties proposed to be assessed and also a preliminary asscssment roH. The proposed assessment rates werc $.50/sq. ft. and $1.25/sq. [1. These are assessment rates that would apply if no assessment agreemcnt is reached with the property owners. Bret Weiss addcd that in coming up with the assessment roH they looked at only undeveloped parcels. Council had asked to look at assessing developed parcels such as 6 ;),A-~ Council Minutes - 2/14/05 . Resurrection Church and the high school. The assessment for Resurrection Church was based on 563 feet at $1 04!per foot for a proposed assessment 01'$58,552. The $104 per foot ratc was comprised of $60 for street improvement! $24 for storm sewer and $20 for curb and gutter. A portion of this assessment could be waived if an agreement is reach on Meadow Oak A venue. dA-q Thc school district is proposed to be assessed for 628 feet at $104!per foot for a total of $65,312 for CSAH 18 and 771 feet at $148!per foot for Chelsea Road. The assessment for CSAH 18 could be waived in exchange for improvements provided by the school district. Bret Weiss stated that they have met with a number of property owners but not those north of County Road 75. . Mayor Hcrbst opened the public hearing. Mike O'Brien representing Liberty State Bank, 1560 Hart Boulevard stated that he had sent a letter to the Ci ty regarding the proposed project and asked that the letter be part of the public hearing record. The bank is against the project because they feel it would hurt their business and drive down the value of their propcrty because it will reduce the traffic on CSAH75. Because it would reducc their property value there would not be any benefit to them. They would like to see thc traffic volume maintained on CSAH 75. The reduced traffic would havc a negative impact their property and the proposed improvement would make it morc difficult for customers to come to their bank. He asked if there was some way the project could be done and maintain the same traffic flow. Brian Stumpf asked about the SOLlrce of the bank business and if it was drive by business. Brian Stumpf asked about the exit ramps and whether MnDOT would allow the ramp to remain. Bret Weiss stated the MnDOT dictatcs that the old ramps be removed. Clint Herbst stated that at this point the City is not looking at assessing any developed property so the bank would not be assessed for the interchange but thcy would be assessed for the signal that is proposed to be installed. With the development that comes with this interchange project the bank property should not decrease in valuc. Glen Posusta agreed noting that once the traffic signal goes in it will be easier for customer to get to the bank.. Wayne Mayer asked Mr. O'Brien to expound on the idea that their business would negatively affected by this improvement. Mr. 0' Brien felt this interchange layout would reduce traffic on CSAH 75 and would be too circuitous ofa route for customers to use to get to their facility. Mr. O'Brien felt most of the traffic would go along 7''' Street rather CSAH 75. Tom Perrault stated that the current bank sign is perpendicular to CSAH 75 and that by making the sign perpendicular to CSAII 18 it would be more visible to traffic. Mayor I lerbst then closed the public hearing. BRIAN STUMPF MOVED TO ORDER CSAH 18!9-94 INTERCHANGE PROJECT, PROJECT NO. 2004-01C. . 7 .;lA-tO Council Minutes - 2/14/05 . Glen Posusta stated that the A VR relocation was still a problem and also questioned whether there were any written legal agreements with affected property owners. Bret Weiss responded that they have met with the propeliy owners and agreements have been drafted for the Weinand and Ryan Companies properties. Ryan Companies has indicated that they were reluctant to sign the agreement until the City has committed to the project As far as the A VR site the City is still working on negotiating a settlement but the City also has to initiate the condemnation process to keep the project moving along. Delaying the project may change the amount of funding available to the City to finance the improvement. Brian Stumpf stated he understood that the vote was contingent upon the developers signing the agreement. Glen Posusta asked if the Ryan Companies had paid anything to date. Bret Weiss said they had paid for the Highland Way feasibility report. Wayne Mayer asked if the developer agreements would be firmed up enough so they could come back at the February 28'h meeting. City Attorney Tom Scott said they are close to finalizing the Weinand agreement. Tom Scott noted that Council is being asked to order the project and at this time they are not making a major financial commitment and still could back out at any time. The decision on the financial commitment will likely come in May when the City will make a decision to deposit money with the court to acquire the A VR site. This would be a substantial commitment to the project. The next financial commitment would be in July when the City would be awarding the contract on the project. The action by the Council at this meeting is not the final action. . Glen Posusta said he didn't want to get to a point orno return where the City can't back up any more. Clint Herbst asked when they expected a written agreement from the Ryan Companies. Ryan Companies is firm on the number to be assessed but they are not willing to finalize a development contract until they can line up things with tbeir users and the City is in tbe positiou to verify that the project will go ahead on schedule. Clint Herbst felt the A VR people should have been involved much earlier in this project. Brian Stumpf askcd if the acquisition of the A VR site goes to court would it favor the City if there was commitment to this project by the City. Tom Scott stated the City needs to order this project before he goes to court on the condemnation. Tom Scott reported that they have been trying to get together with A VR to discuss relocation sites. Glen Posusta felt that A VR could string the City along until the City was too far committed to back out. Bret Wciss stated a number of sites have been submitted to A VR to look at but they have not come back to discuss any of these options. There are many things in this project that are tied together and timing of everything is crucial. Bret Weiss felt that everything was pretty much in place with the only unknown being A YR. Glen Posusta felt the City should be relentless in pushing forward with A VR to get this matter resolved. Brian Stumpf pointed out that his motion was still on the floor. Tom Scott added that any motion would require a 4/5's vote. No second was received on Brian Stumpfs motion. Motion died ror lack of second. . 8 . . . Council Minutes - 2/14/05 TOM PERRAULT MOVED TO TABLE ACTION ON THE CSAH 18/1-94 INTERCHANGE PROJECT UNTIL THE FEBRUARY 28,2005 COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 9. Public Hearln!! on Meadow Oak Avenue Imnrovement Proiect No. 2005-05C and orderin!! nroiect. Shibani Bisson from WSB & Associatcs made a presentation on the project. The purpose of this project is to allow for a detour route for when the CSAH 18 bridge is reconstructed and would also provide access to the Weinand property. Shibani Bisson reviewed the work being proposed noting that the driveway for Resurrection Lutheran Church would be relocated. The drivcway will be moved from CSAH 18 to 300' east of CSAIl 18. Clint Herbst asked if staff had met with the church regarding their concern about cut through traffic. There have been meeting with the church on the proposed project. The project will extend Meadow Oak A venue, provide sidewalk and storm sewer, relocate an existing watermain and extend sanitary sewer from Chelsea Road to the Weinand property. The project will also include improvements to the intersection of Meadow Oak Avenue and CSAH 75. The estimated cost of the project is $666,720. Shibani Bisson discussed the proposed funding. It is proposed to assess the Weinand property $424,000: Resurrection Lutheran Church $132,000 and city trunk fLlUds would pick up $110,720. It was noted that Y, of the Resurrection Church assessment would be for streets and this may be waived in exchange for right-of-way, eascments and construction of a retaining wall. The othcr V, of the assessment would be for storm sewer. The amount of the storm sewer assessment would depend on whether the church constructs storm sewer on their property or uses the storm sewer system proposed for Meadow Oak A venue. Sidewalk. estimated at $70.000. is proposed to be constructed which would be used for the alternate route for when the pedestrian bridge is closed. It is proposed to address the issue of cut through traflic for Resurrection Lutheran Church by locating a new driveway off of Meadow Oak Avenue which could possibly include constructing a median on either Meadow Oak Avenue or on the church driveway to prohibit left turn access. Glen Posusta asked if it was necessary to design this now or could it be delayed until it was determined that this was an actual problem. Clint Herbst suggested that some kind of signage such as "Do l\ot Enter" or "Exit Only" be utilized. The concern expressed was that those who wanted to turn left and go south on County Road 18 might cut through the church parking lot. Bret Weiss felt that because CSAH 18 was shut dow11 to the north there will not be much traffic on this road. Bret Weiss indicated that it is not only a short term problem but 9 do A - r( ~t:l-l;;,1. Council Minutes - 2/14/05 . something needs to be done for long term as well. The layout shows a three leg intersection as the County and State will not approve anything else. Mayor Herbst opened the public hearing. Mike Schmidt, the president of the church council for Resun'ection Lutheran Church at 9300 Jason Avenue spoke regarding the project. He indicated thcy have been trying to work out this situation. He stated they cannot enter into an agreement with the City until they have a congregational vote approving it. A meeting of the congregation is scheduled for February 20lh The church council wants to move torward with this project but there are still a number of things that need to be worked out. One concern was through tramc an issue he felt needed to be addressed before it became a problem. He also noted the retaining wall and stated that the church would move the garage at their own expense if the retaining wall is not needed. John Murray, rcpresenting Resurrection Lutheran Church stated that he had discussions on this at the County level. He felt that as the land was developed over the next 5ycars there will be a lot of traffic traveling west to Meadow Oak to go south on CSAH 18. The people he talked to confirmed that traffic in the area will be a problem in the future. The two options that exist are to go north on CSAH 18 and make an u-turn or drive through the church parking lot. Hc noted that use of the land would also impact the amount of traffic in the area. The church did not feel thcir driveway should be the road of convcnience. . Glen Posusta rcitcrated that he would not like to see access restricted until it is known if it is needcd. He felt the only people using this access route after the interchange was completed would be residents of Briar Oakes. He asked ifthc church nceded to have access on Meadow Oak Avcnuc. Mike Schmidt said they do not want to be in the position wherc they have only one access to thei r property. Bret Weiss felt there were two choices 1) a median on Meadow Oak A venue so you can have right in and right out only or 2) a pork chop dcsign that would allow no left turn into thc church property Ii-om Mcadow Oak Avenue. . Bill See felt stated that the church was confident that the details could be worked out so that this could come before the congregation. Wayne Mayer asked if the congregational meeting could be changed to a different date to allow time for resolution of this issue. Mr. See felt indicated because of the time and effort it takes to schedule the congregational meeting, the church would prefer not to have to change the Feb 20lh date. Jim Sheehan 2566 Meadow A venue asked how many lanes Mcadow Oak Avenue would be. Shibani Bisson informed him it would be two lanes with a center turn lane. He was concerned if the proposed road layout would take any portion of his property. He was informed it would not. lhere was also some discussion as far parking at Freeway Fields and it was noted during construction of the project parking would be restricted in this area. Jim Sheehan stated the speed limit is posted at 20 mph. But people coming off Eastwood are exceeding 50 mph. He felt additional speed limits signs were needed. John Simola indicated that existing sign was . 10 . . 10. . Council Minutcs - 2/14/05 illegal and was placed to try to slow the speeders. Brian Stumpf said the City could request additional patrol in the area to help alleviate the speeding problem. Betsy Miller 2318 Eastwood Circle asked if there would bc any lost of ball fields because of construction. Bret Weiss indicated there would not. There was a question if there was a need for some additional parking because of the ballfields. Bret Weiss said in the long term parking will have to be looked at but for the short term the gravel parking lot on Weinand property should be sufficient. Mayor Herbst elosed the public hearing. Wayne Mayer asked ifit made any difference if action on this item was delayed until February 28, 2005. Bret Weiss said it just backs up the project and they would prefer to keep this moving along Bret Weiss felt they would be able to work something out with the church. John Simola added that by getting bids out early, the City is not competing with as many other projects. GLEN POSUSTA MOVED, BASED ON THE CITY ENGINEERS COMMENTS TO ORDER TilE PROJECT AND PREPARE PLANS AND SPECIFICATIONS FOR THE EXTENSION OF MEADOW OAK A VENUE TO CSAH 18 WITH THE ADDITION OF ADDING SIDEWALK ALONG FREEWAY FIELDS AND WITH THE CITY CONTINUING TO WORK WITH RESURRECTION LUTHERAN CHURCH TO RESOLVE THEIR CONCERNS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOlJSL Y. Public Hcarin!!: on 7th Street/Hi!!:hland Way Proiect No. 2004-02 and orderin!!: oroiect. Shibani Bisson gave a presentation on the proposed project to extend 7th Street to CSAH 18 and to construct Highland Way from 7th Street to CSAH 75. This would relieve some traffic from CSAH 75 and provide access to the Ryan Companies. Shibani Bisson rcvicwcd the scope of the project noting that Highland Way involved a railroad crossing. This crossing has been approved contingent upon the crossing at Territorial road being removed. The project also includes a traffic signal at CSAH 75 and Highland Way. The estimated cost of the project is $2,624,080. The funding was broken out as follows: Ryan Companies - $2,054,345; City trunk funds - $191,700. On the traffic signal assessment. Wright County would pay $151,350; 25% would be assessed to properties on the north side. Shibani Bisson reviewed the project schedule which has construction beginning in mid-July and being completed in July 2006. Mayor Herbst opened the public hearing. Mike 0' Brien representing Liberty State Bank said the bank's position is that the property is going to go down in value and their property doesn't 11 d~- f '3 . . . Council Minutes - 2/14/05 derive a benefit from this project. They would not be agreeable to any proposed assessment for this project. Clint Herbst noted that the City is picking up 1/4 of the signal cost and Wright County is also picking up a portion of the cost. Bret Weiss stated with thc interchange an additional 5000 vehicles per day will be flowing into the arca. Clint Herbst said the design proposes two lcft turn lanes in this area so that confirms the bclief that traffic volume will increase. Mayor Hcrbst closed the public hearing. Glen Posusta asked why the hospital and thc Bondhus properties were not included in the assessment. Bret Weiss stated that the properties that would directly benefit would be assessed. In this case the benefit is on streets directly accessing the signal. It is a benefit to those traveling on the side streets. Glen Posusta asked why the apartment complex was not included? Bret Weiss indicated that because it was residential it was not included. However if the Council desired to they could send another hearing notice to cover the apartments. If the City was to do that, City Attorney Tom Scott said the hearing should be continued and the apartments noticed so that they would have an opportunity to comment and address thc Council. Bret Weiss indicated on the traffic signal on TH 25 they did not asscss thc townhomes and did not do so herc. Wayne Mayer asked about thc road that was shown coming off from the north. Bret Weiss said that has been rcmoved and St. Bcnedicts will have their own access. There will be no combined access. 7th Street will be thc only way to access St. Bencdicts. GLEN POSUSTA MOVED TO TABLE THIS SO THAT THEY COULD LOOK AT ASSESSING THE APARTMENT COMPLEX AND GIVE THEM NOTICE WITH TilE HEARING TO BE HELD AT THE EARUEST POSSIBLE DATE WA'r'NE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOT\1\G IN OPPOSITION AS HE DIDN'T FEEL THE APARTMENTS SHOULD BE INCLUDED. 11. Public Hearinl!: on vacation of 7th Street 'V cst. City Administrator, Rick Wolfsteller. provided the background information on the request for the street vacation. The Council wanted to make sure before any vacation was considered that there was sufficient area available for a buildable lot. The survey that was prepared does show there is sufficient land for a building site. If the City vacates the right of way it needs to be detennined how the property will be disposed of Clint Herbst asked about Block Q. Rick Wolfste1ler noted that the current right of way encroaches onto Block Q. The adjacent property owners had received notice of the vacation but none had indicated an interest in acquiring the right of way. Rick Wolfsteller noted the property north of the street is a residential structure that is very close to the right of way. Rick Wolfsteller outlined the options available which include selling to the adjacent property owners. selling to Barry Fluth and selling the land on bids. 12 6lA-I<-{ . . . Council Minutes - 2/14/05 Wayne Mayer asked if Block Q was necessary to make this a buildable site. Rick Wolfsteller indicated it was not necessary but it would makc it more desirable. Brian Stumpf stated his concern with creating an odd shaped lot when the City has bcen trying to eliminate them. Mayor Herbst opened the public hearing. Randy Ruff, 611 Elm Street spoke stating he thought this would be a good way to have a nice home in the area and increase the City's tax base. Clint Herbst asked if Randy ruff would be comfortable with the City giving his name to those parties who might be interested in purchasing the right of way. Mayor Herbst then closed the public hearing. Wayne Mayer asked about the price lor the lot as he thought it was low compared to other lots. Rick Wolfsteller stated he had talked to a realtor and they indicated that a city lot with sewer and water would go for $45,000 but noted this lot did not have a service. Clint Herbst said if the city does vacate the property he would like to see them advertise it or sell it by bid. Clint Herbst suggested that the Council could act on the vacation tonight and instruct the City Administrator to come back with options on sale of the property. GLEN POSUSTA MOVED THAT IT IS IN THE BEST INTEREST OF THE CITY TO V ACA TE THE RIGHT OF WAY AND OFFER IT FOR SALE AT A PRICE TO BE DETERMINED AT A LATER DATE. WAYNE MA YER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTfNG IN OPPOSITION. 12. Consideration of authorizin!! advertisement for bids for new tanker fire truek. City Administrator Rick Wolfsteller, provided the background infornlation on this item. Initially the bids were rejected because of the wide variation in prices and the ability of the low bidder to provide the equipment specified. Since that time the Joint Fire Board has been dissolved. However the Fire Depaliment still wants to bid a new tanker truck. The Fire Department is requesting authorization hom the Council before they go out for bids. The estimated cost for this pieee of equipment is $160,000. There are other options that conld be considered such as going with a smaller size tanker or looking at replacing another piece of equipment. Since the tow11Ship is no longer part of this the funding will have to come entirely from the City. The 2005 budget did not assume the Joint Fire Board would be dissolved so the contribution from the township would not be available. Clint Herbst said there is a need for another truck but it is uncertain what type of equipment is needed a tanker or a pumper. Scott Douglas who was present indicated the tanker would be used to haul water in areas where there are no hydrants available, such as Kjellbergs, Xcel Energy and part of the freeway. Both pieces of equipment are needed. The Fire Department went with a 3000 gallon tanker with the idea that in the long run that would be the only tanker 13 d. A- (5 . . . Council Minutes - 2/14105 they have. The existing tankers are both 24 years old One is a 1500 gallon tanker and the other is 2000 gallon tanker. Wayne Mayer asked what the advantage of the double wall was over the single wall. Scott Douglas said the double wall provides more protection. Council also questioned the cost difference between a single and double wall. Scott Douglas noted that some of the companies provide a financing plan that would allow payments over 5 years which would be another option to consider. Glen Posusta asked if bidding both pieces of equipment would give them a better price. Scott Douglas said not necessarily as some vendors specialized in the tankers and others in pumpers. Scott Douglas noted that they have made clari fications in the design specifications. GLEN POSCSTA MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR 3000 GALLON TANKER WAYNE MA YER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of winter maintenance ofnathwav in Oak Rid!!e. Public Works Director, John Simola noted that he had received a petition from residents on Oak Ridge Circle requesting the City to maintain the pathway connecting Oakview Court to Oak Ridge Circle. This allows pedestrian access to the rest of the pathway without having to be on County Road 1 8. Clint Herhst asked about using a pickup with a blade to do some of the pathways rather than the skid steer. Brian Stumpf said he didn't eare how they got it cleaned but he felt the pathway should be cleared. Clint Herhst suggested trying it with the pick up and see how it works hut he would leave the method of clearing it up to the Puhlic Works Department.. BRIAN STUMPF MOVED TO APPROVE ADDTNG THE PA THW A Y ON THE NORTH SIDE OF COUNTY ROAD 18 CONNECTING OAKVIEW COURT TO OAK RIDGE CIRCLE TO THE CITY'S WINTER P A THW A Y MAINTENANCE SCHEDULE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING TN OPPOSITION. Tom Perrault asked how soon after a snowfall the path would be cleared. John Simola indieated 36 hours at a maximum and those pathways near the schools were cleared immediately fo student use. 14. Consideration of settin!! a workshon date and time for WWTP issues in relationshin to !!rowth expectations. BRIAN STUMPF MOVED TO SCHEDULE A COUNCIL WORKSHOP FOR MARCH 14. 2005 AT 5 P.M. TO DISCUSS ISSUES RELATING TO THE WASTEWATER TREATMENT PLANT AND BIOSOLIDS APPLICA TION SITE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14 ~tl- lto Council Minutes - 2/14/05 . Added Items: Capit{t! Outlay Items: John Simola noted the list of capital outlay items the Council received and requested the Council to take action on four items: I) the Public Works storage shed/water department shop. He would like authorization to finish plans and specifications and bid it: 2) drive by radio read units for the water department; 3) repair and maintenance work on well and pump #3; and 4) ordering of John Deere tractor. All other items could be considered at a later date. He also indicated that he had a list of surplus property which he was asking the Council to authorize disposal of by sale to other communities or by sealed bid. ;)R-(l Brian Stumpf asked about the number of radio reads needed and Matt Theisen, Water Superintendent indicated at this time just one. BRIAN STUMPF MOVED APPROVE THE LIST OF SURPLUS PROPERTY FOR DISPOSAL BY CITY STAFF. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOL'SL Y. . Wayne Mayer asked about the mower. He stated he would like to see Adam Hawkinson follow through and talk to the softball association and see if they can get some kind of contribution from them to help pay for it. Glen Posusta asked about the blue Ford tractor and why it wasn't used anymore. He felt the tractor they were looking at would cause the same problems as the Ford. John Simola said it shouldn't as this unit would be smaller. Glen Posusta asked why they use a tractor instead of a mower. John Simola indicated the tractor could also be used for dragging and leveling of fields. Rick Wolfsteller indicated this unit could also be used for snowplowing. Clint Herbst felt if the equipment was used just going to be usedjust for mowing, a mower would be the best piece but if it is multi use the tractor would be the best option. Glen Posusta said he was not comfortable with the proposed site for the Public Works storage building. He didn't feel that as a temporary use (10-15 years) that this was the best use of the land. He said it was not the building that he was opposed to but the location of it. He felt the proposed structure could be put on the site of the current building. Clint Herbst asked about room at the reservoir site. John Simola indicated that at some point in the future there will be water treatment equipment there and it will house the water department. Brian Stumpf noted that much of the equipment is shared by the departments so it is more efficient if the departments arc elose to each other. John Simola said because there are so many sites the City has to maintain, the equipment is spread thin. John Simola stated that since the funding is not available to make a permanent move of the water department this structure would serve to fill the need on a temporary basis by the Water Department (10-15 years) or until the Water Department moves out. The structure was meant to be a temporary use tor the Water Department but permanent use for Public Works functions. Clint Herbst said he . 15 Council Minutes - 2/14/05 . didn't argue that need wasn't there but he didn't like the site. John Simola stated that they have money for a study of the Public Works area but that completion of the study is at least a couple of months off. The proposed structure comprised of a 26' x 26' building for the Water Department and 40' x 80' pole barn shell is estimated to cost $70,000. ;)./J.-I'6 BRIAN STUMPF MOVED TO AUTHORIZE JOHN SIMOLA TO GO AHEAD WITH THE PURCHASE OF THE FOUR CAPITAL OUTLAY ITEMS AND BRING OTHER CAPITAL OUTLA Y ITEMS BACK AT A LATER DATE. CLINT HERBST SECONDED THE MOTION. MOTION FAILED WITH WAYNE MA YER. GLEN POSUST A AND TOM PERRAULT VOTING IN OPPOSITION. Rick Wolfsteller asked for clarification that the Council did not want to proceed with any of the four capital outlay items. TOM PERRAULT MOVED TO AUTHORIZE THE PURCIlASE OF THE RADIO READER AND THE REPAIR AND MAINTENANCE OF WELL AND PUMP #3. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANLvlOUSL Y. Wayne Mayer asked about the mower that was purchased from Scharber. Rick Wolfsteller stated that the items was in the budget that was adopted in December. Since this model was going to incrcase in price by 6% it was felt it was bcst to order it at this timc. As was done in the past with all budgcted capital outlay items, the purchase was approved by the City Administrator a procedure set forth in the City's governance policy. . EDA Vacancy: Ollie asked for direction on interviewing the applicants l'or the vacant EDA position and whether the Council would be interviewing them. Clint Herbst said that rather than hIll Council conducting the interviews Wayne Mayer and Tom Perrault and represcntatives of the EDA would conduct the interview. Ponding at the intersection ofCSAH 18/Fenning Avenue: Glen Posusta brought up the problem of water ponding at this intersection. Bret Weiss indicated they will check into it see what necds to be done to correct the problem. Pedestrian Crossing - Clint Hcrbst stated he had received a letter requesting a pedestrian crossing at the high school. Bret Weiss said there is a crossing by the elementary school but not by the high school and his recollection was that the school district had wanted only one crossing. This will be checked into. Library Meeting: Clint Hcrbst noted that the Library Board would like to meet with the Council to updatc them on the library expansion. Monday February 28, 2005 at 5 p.m. was the time set for the library meeting and at 6 p.m. the Council would conduct their workshop on the Core Street project. . 16 . . . Council Minutes - 2/14/05 15. Consideration of allllrovin2 Ilavment of bills for Februarv. Council had a number of questions relating to the bills for an IRS penalty, work done on the 1997 Dodge and subscriptions for newspapcrs and magazincs. Clint Hcrbst questioned the need for the liquor store or Community Center to have subscriptions to newspapers and magazines. He felt these subscriptions should be cancelled. GLEN POSUSTA MOVED TO APPROVE PAYMENT or BILLS FOR FEBRUARY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Adiourn. BRIAN STUMPF MOVED TO ADJOURN AT 11: 1 0 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 17 d p, - rq NOTES SPECIAL MEETING - MONTICELLO CITY COUNCIL MONDAY, FEBRUARY 14,2005 5:00 P.M. . PUBLIC WORKS TOUR ATTENDEES.' Wayne ,'.4ayer, Tom Perrault, Glen Posusta, Brian Stumpf, Clint Herbst, John Simola, Rick Wolji'leller, Tom Moores. Roger Mack, Adam Hawkinson, ]ivfalt Theisen, Beth Green A, The purpose of the meeting was to familiarize the City Council and the Mayor with the Public Works Facility and the equipment and space needs. I. John Simola began with a review ofthe Vehicle Replacement Policy Proposal. 2. John went over the Vehicle and Equipment List. " J. The Council questioned why we have a log splitter. John stated that years ago we used the splitter because we had a wood burning stove in the shop and we would split the Dutch elm diseased logs. We no longer need the splitter because we have gone to a used oil burning furnace in the shop and we get approximately 500 gallons of oil from residents at junk amnesty day, and the employees bring in their used oil also. John then went over the Proposed 2005 Vehicle/Equipment Replaeement or Additions List. . Matt Theisen explained the neeessity of the radio meter reading unit and how it would save his department a tremendous amount of time beeause you eanjust drive by the residence and the reading will pop up on the screen rather than having to park, get out of the vehicle and physically get the reading. Glen Posusta inquired about the neeessity of the John Deere Tractor proposed by the Parks Department. John and Adam explained that there is limited equipment produeed to maintain 5' sidewalks whieh is one of the functions the new John Deere will be performing. John explained to the group that this traetor had already been approved by the City Administrator under the previous Couneil Policy. The traetor has already been purehased and the Parks Dept is awaiting the delivery of this new unit. This new tractor is replaeing the 1980 Bolens. The next replacement item was the John Deere skidsteer being shared between the Parks and Street Departments. The cost allotted was $32,000 plus trade-in. Glen Posusta asked why this amount was so high when he just purchased a skidsteer himself for $24,000. After further discussion on this issue it was brought to Glen's attention that the skidsteer has more options and capabilities than his skidsteer. John mentioned that we just put $5,000 into the old skid steer repairing the drive pumps so it is in operable condition now. John further went on to say that the WWTP frequently needs a skidsteer and loading forks so rather than trade it in, we were planning to sell it to the WWTP for $7,000 (or trade-in value) and these funds would be used toward the purchase of the new skidsteer. . C :"Documents and Selli[lgs\dawn.grossirlger. CI'Local Settings\Temp'SPE:CIAL.MTG.'NITH-COUNCIL -021405 .w,.,J: ~i24':O 5 - Page I of 3 - J (6. ~O . . . The council inquired about replacing the 1994 Ford F150 and why we weren't just keeping it in our t1eet for seasonal workers to use. Clint Herbst suggested that if it is a good reliable truck and the Public Works Oept. is running short on vehicles due to seasonal workers needing vehicles, that the city should purchase the new truck and keep this 94' Ford in the fleet. It seemed to be the consensus that the Public Works Oept would keep the truck and order the new one. Wayne and Glen questioncd that if we were to purchase ajack hammer forthe skidsteer that we should look at doing more sidewalk replacement in house. John stated that we do a lot of replacement, such as two panels per parcel at no cost to the adjoining property owners. 4. John began going through the 2005 Vehicle and Equipment Surplus List with the group. After a short time Clint Herbst stopped John and stated that the surplus list looked good and he felt John could use his best judgement and dispose of these items as he deemed appropriate. John indicated he would dispose of some items with direct sale to other cities but much of it would be through advertisement and public sale. 5. John then gave the group a handout on the Public Works Office Needs. 6. The group then proceeded on their tour of the Public Works Maintenance Facility and offices. John explained the truck hoist in the maintenance shop and stated that the Public Works crew did the excavation work and concrete work for this in house and a contractor handled the hoist installation. The group moved on to the paint bay/wash bay combination. The group then looked at the waste oil burner and oil storage area. John stated that bulk oil was purchased from Riverside Oil, a local company. The group proceeded on to the vehicle storage area and John explained that because of a shortage of storage space we have been adding pallet racking. Then the group proceeded to the sign shop and looked at the Bolens that's being traded in for the John Deere tractor for the Parks Oept. Adam pointed out that the Bolens has a safety issue with the steering arm and clutch pedal. The group then went out to the Park Shop and looked things over. There was some inquiry about the large New Holland 55 tractor. John explained that it was purchased by the previous Park Superintcndent, but it was too heavy for the ballfields and rutted up the fields, so the shop mechanic modified the existing box scraper for paving application. This tractor is used for various Street and Park operations during the summer and winter months. Lastly, the group proceeded to the Public Works Office Facility. John explained the offices and the layout. He then went to the Water Oept Shop and explained the water meter re- building area. John eXplained that this shop was in his proposed plans for office expansion as Supervisors need more private offices for phones calls, meetings, etc. Therefore, the new proposed building across the street is needed for Water Oept equipment and vehicle storage and the meter shop. John requested that the Council consider using some enterprise funds out of the Sewer & Water Budget to allow us to use some contractors to supplement city crews on the remodeling project after the new building is built. Finally the group proceeded to the front offices of the secretaries and John's office. Clint Herbst stated that this area was awful and he felt people would be depressed working in an environment such as this. It was also explained that there is not enough room for secretarial C ;'Documents and Settings\d awn.(lrossinger.CI'.Local Seltings\T emp'.SPECIAL -MTG.WITH.COUNCIL.021405, wPd: 2/24/05 - Page 2 of3- d-f1-~l ~tb-;:)d- . workstations and that a reception/greeting area was needed, along with new lighting, and improvements to the heating and ventilation system. John's office is currently shared with a file room and this is becoming too crowded and there's no privacy for phone calls or meetings. The lack of adequate restroom facilities in the building was also discussed with the Council. John inquired as to whether the Council wished to take action on what was discussed and purchasing and equipment needs and they said that they would take action at the regular council meeting. The council and mayor then proceeded to City Hall for their regularly scheduled Council Meeting. Notes Taken By: Beth Green Public Works Secretary . . C:\Documenls and Settings\dawn.gfOssinger.CI'.Local SettingsHemp',SPECIAL-MTG-WITH-COUNCIL.021405,wpd: :2,iNiiJ5 - Page 3 of 3 - . . . SA. A. Council Agenda - 2/28/05 Consideration of annrovinl! new hires and denartures for MCC. (R W ) REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. AL TERNA TIVE ACTIONS: I. Ratify the hiring of the employees as identified on the attached list. C. SUPPORTING DATA: Lists of new employees. J.~ , Name Wade, Teri Name . NEW EMPLOYEES Tille Wrhse Supervisor Department MCC TERMINATING EMPLOYEES Reason Department Hire Date Class 2/8/2005 Part Time Last Day Class . employee councillisl.xls: 2/23/2005 5A-~L\ . 58. Council Agenda - 2/28/04 Consideration ohvaivin!! statutory Iiabilitv limits for City insurance renewals. (RW) A. REFERENCE AND BACKGROUND: . 8. We are currently in the process of renewing our annual liability insurance coveragc that will again providc for an additional $1.000.000 in excess liability coverage over the required $1.000.000 minimum. By state statute. the City is not liable for any tort liability claim in excess of $1.000.000 damages: however, becausc thc City has purchased an excess liability coverage policy in the past, the City has the option of waiving our rights under Statute 466. which would allow someone to seek damages from the City in excess of the $1,000.000 limit up to thc $2,000,000 provided by our excess liability coverage. Although we havc typically purchased the excess $1,000,000 coverage, we have done so to cnsurc that in a major catastrophe where the City was liable, sufficient funds would be available to pay any and all claims. Even though we are not responsible for any tort liability elaim of more than $1.000,000, the City Council has to formally decide whether or not we want to waive our limits established by state statute. Since a formal Council action is necessary before the application can be renewed. the Council should formally indicate that it does not want to waive its monetary limits established by statute. This will allow us to rctain our rights under the $1.000,000 limit, but we would always have excess liability coverage available if it was ever needed. ALTERNATIVE ACTIONS: I. Council should formally indicate that the City of Monticello does not waive the monetary limits on tort liability established by Minnesota Statute 466.04. C. SUPPORTING DATA: . Copy of liability insurance application form. :;JS . s~-~~ LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE - WAIVER FORM . Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: . If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. . . If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all ciaimants would be able to recover for a single occurrence to whic)l the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants wouid be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of ciaimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. . lDunhr pUO accepts liability coverage limits of $ Minnesota Cities Insurance Trust (LMCIT). 'cbeck One: o The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. from the League of o The city WAJVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. 'cDate-olcity council@eeftng ;c SignaturelDate Vi::.... :, , . Position Return this compieted form to LMOT; 145 University Ave, w., 5t. Paul, MN. 55103-2044 LMCIT (lllOO)(Rev.l 1/03) Page J of 1 Council Agenda - 2/28/05 ')l sc. Consideration of appointment to fill Planninl!: Commission and Desil!:n Advisory Team vacancv. (RW) . A. REFERENCE AND BACKGROUND: In January the Council approved appointments for the various City boards and commissions. Appointments to fill the vacancies on the Planning Commission, EDA and DAT, were delaycd to allow for advertising for candidatcs to fill the positions. A committec consisting of Brian Stumpf and Glen Posusta from thc City Council and William Spartz and Lloyd Hilgart from the Planning Commission interviewed candidates to fill the position on the Planning Commission left vacant by Richard Carlson who decided not to seck rc-appointment to the Planning Commission. It is their recommendation that Sandy Suchy be appointed for a three year term. The EDA at this time has not completed thc intcrview process for the applicants seeking a position on the EDA so that recommendation will be coming at future meeting. Therc was only one applicant for the Design Advisory Team, Stacy Schreiber and it is recommendcd that she be appointed to thc Design Advisory Team. B. ALTERNATIVE ACTIONS: . 1. Thc Council can approve the appointmcnt of Sandy Suchy to a three year term on thc Planning Commission and the appointmcnt of Stacy Schrciber to a two year term on the Design Advisory team. 2. Do not approve the appointments at this time. C. STAFF RECOMMENDATION: The City has advertised for intercsted parties to fill the various vacancies on the City's commissions and the interview process has been completed for the Planning Commission vacancy. Since both the Planning Commission and the Design Advisory Team will be meeting the first week of March it would be beneficial to have these appointments in place prior to the meetings and it is therefore recommended that the City Council approve the appointment of Sandy Suchy to the Planning Commission vacancy and Stacy Schreiber to the Design Advisory Team. D. SUPPORTING DATA: None. . . 5D. . . City Council Agenda - 02/28/05 Consideration to review Greater Monticello Entervrise Fund (GMEF) Loan No. 024 for compliance with the EDA-GMEF Business Subsidv Criteria. Tapper's Holding LLC, Applicant. (O.K.) A. Reference and Back!!round: The EDA requests the City Council review GMEF Loan No. 024 for compliance with the EDA-GMEF Business Subsidy Criteria. The GMEF Guidelines state: 'The EDA shall have authority to approve or deny loans; however, within 21 days of EDA approval, the City Council may reverse a decision by the EDA to approve a loan if it is determined by Council that such loan was issued in violation ofthe GMEF Guidelines." On February 10,2005, the EDA approved GMEF Loan No. 024 for Tapper's Holdings LLC subject to Council ratification of ED A action, receiving Letter of Credit Worthiness and Commitment from the lender, Stearns Bank (see attachment), verification of prime rate as of February 11,2005 (5.5% verified), and approval ofa Conditional Use Permit by the Planning Commission on March 1,2005. The GMEF loan will assist Tapper's Holdings LLC \vith the construction of a 25,000 sq ft warehouse addition to the facility located at 1324 Edmonson Avenue NE. The mandatory job creation criteria is a commitment from the tenant. Strategic Equipment and Supply Corporation. For your review, enclosed as supporting data is the outline used by the EDA for determination ofGMEF public purpose and policy compliance. The real property rehabilitation loan was approved for $200,000 at a 3.5% fixed interest rate. Amortization consistent with lender, not to exceed 20 years. Balloon paymcnt in 5 years. Loan fee sct at $200 and GMEF legal fees the responsibility of the applicant. The GMEF loan will be in a second-position behind the lender, Stearns Bank. Collateral. guarantees, and other condition requirements to be determined and prepared by the EDA Attorney. The real property rehabilitation loan will assist in bringing 40 new ttlil-time jobs to Monticello within two years. At least 90% of the new jobs to pay a wage of higher than $9.00 per hour, exclusive of benefits, for individuals over the age of 20 during the term of the assistance. Annual written reports are required until termination date. Failure to meet the job and wage level goals require partial or full repayment of the assistance with interest. After review of the EDA outline for GMEF public purpose and policy compliance, the EDA requests the City Council consider the following actions. ~<g City Council Agenda - 02128/05 . B. Alternative Actions: 1. A motion stating that City Council has determined the EDA approval of GMEF Loan No. 024 for Tapper's Holdings LLC was approved without violation of the EDA- GMEF Business Subsidy Criteria; therefore, Council supports the decision by the EDA for loan approval subject to approval of the Conditional Use Permit by the Planning Commission on March 1,2005. 2. A motion stating that City Council has determined the EDA approval ofGMEF Loan No. 024 for Tapper's Holdings LLC was issued in violation of the GMEF Guidelines; therefore, the Council reverses the decision by the EDA for loan approval. C. Recommendation: The City Administrator and Economic Development Director recommend Alternative No.1. The loan approval complies with the EDA-GMEF Criteria and the City's objective and goals. The said loan encourages economic development through the cxpansion and leasing of an existing building which will result in an additional 40 new good-paying jobs to Monticello. D. Suooortinl!: Data: . GMEF criteria used by the EDA, Letter from Stearns Bank, and GMEF approval form. J-q . 2 . . . EDA Agenda - 02/10/05 4. Public Hearin!!: - Consideration to review for discussion the preliminarv GMEF application from Tapper's Holdin!!:s LLC. A. Reference and Back!!:round: GMEF Loan Application: See Attachment A. Request is for a $200,000 real property rehabilitation (expansion or improvements) loan. Project Summary: Tapper's Holdings LLC is a Minnesota limited liability company. The company officers, William R. and Barbara R. Tapper, purchased the 60,000 sq ft manufacturing/ot1ice facility at 1324 Edmonson Avenue NE (previously known as H-Window) last fall. Tapper relocated Westlund Distributing from 212 Chelsea Road into this facility occupying 42,000 sq ft of warehouse space and 3,000 sq ft of office space. Genereux Fine Wood Products and Westlund Distributing relocated to Monticello from St. Michael in 1990 wherein Tapper constructed the facility at 212 Chelsea Road. Bill and Barb expanded the Chelsea facility in ] 995 and later invested in additional machinery & equipment utilizing the EDA loan program three times. Two of the loans have been paid-off and the third loan is of good-standing with the balloon payment due in May 2008. Tapper plans to construct an additional 25,000 sq ft of warehouse space to the existing 60,000 sq ft facility which will be leased to the proposed tenant, Strategic Equipment and Supply Corporation. Additionally, Strategic will lease 10,000 sq ft of the existing warehouse space and 5,000 sq ft of the existing office space. It is my understanding the negotiated lease rate is $5.00 per square foot. PUBLIC HEARING Strategic Equipment and Supply Corporation, a national company, was formed in 2000. The northern region headquarter and control center will be located in Monticello. The company acquired the St. Cloud Restaurant Supply and Palm Brothers Restaurant Supply, Minneapolis, which will retain the sales operation. Dave Miller is the northern region president. The company plans to employ 50-55 people but will commit to 40 for purpose of the Business Subsidy Agreement. See Attachment B Projected job and wage level goals. The public hearing notice appeared in the Monticello Times on January 27, 2005, satisfying the requirements of Minnesota Statutes, Sections] 16J. 993 to 116J994. 50 _:?:>o EDA Agenda - 02/10/05 . The EDA should review the preliminary application for compliance with the EDA-GMEF Business Subsidy Criteria. Then open and close the public hearing. ESTIMATED PROJECT COST: Expansion/Improvement Construction costs TOTAL $1.300.000 $1,300,000 GREATER MONTICELLO ENTERPRISE FUND GUIDELINES PUBLIC PURPOSE CRITERIA: Must comply with four or more of the criteria listed below, criteria #1 being mandatory. I. Job Goal: 40 full-time jobs to the City of Monticello within two years of the benefit date. . Wage Goal: At least 90% ofthe new jobs must pay a wage of the higher of $9.00 per hour, or at least 160% of the federal minimum wage, exclusive of benefits, for individuals over the age of 20 during the term of the assistance. See Attachment B. Annual reports are required until termination date. Failure to meet job and wage goals require partial or full payment of the assistance plus interest. 2. Increases the community tax base: Annually $18,300 Annual Estimated Market Value $750,000 o ~. Factors: To assist an existing industrial business to expand their facility. Other factors for consideration but not limited to: Nature of business (headquarter/control center), present availability of product or service (none), potential adverse environmental effect (none), and compatibility to the comprehensive plan and zoning policy (yes, acceptable in 1-2 zone.) 4. Used as a secondary source to supplement conventional financing. The GMEF is a secondary source of financing for the real estate expansion. . 2 5D-3\ . . . EDA Agenda - 02/10/05 5. Used as gap financing Used to encourage growth and job creation within Monticello. 6. Used to assist other funds: Primary conventional lender. Pay-as-you-go TIF assistanee used to reduce lease rate. GREA TER MONTICELLO ENTERPRISE FUND POLICIES I. BUSINESS ELIGIBILITY Industrial business: Yes. Loeated within eity limits: Yes, Zoned 1-2. Credit worthy existing business: Letter of Credit Worthiness and Commitment dated February 10,2005, Stearns Bank, St. Cloud. $10,000 loan per each job ereated. $10,000 X 40 = $400,000. Or $5,000 per every $20,000 inerease in property market valuation, $187,500, whichever is higher. Criteria: $400,000 APPROVED: $200,000 II. FINANCING METHOD: Companion Direet Loan: All such loans may be subordinated to the primary lender if requested by the primary lender. The GMEF is leveraged and the lower interest rate of the GMEF lowers the effective interest rate on the entire project. Criteria: The GMEF takes a second position behind the lender. III. USES OF PROCEEDS: Real property rehabilitation (expansion or improvements) , J S Q -3 d- EDA Agenda - 02/10/05 . IV. TERMS AND CONDITIONS: Loan Size: Maximum not to exceed 50% of the remaining revolving loan fund balance. Estimated cash balance as of December 31,2004, estimated $825,000. Requested: $200,000. Criteria: $400,000. Remaining balance thereafter, $625,000. S D - 33 APPROVED: $200,000 Leveraging: Minimum 60% private/public non-GMEF Maximum 30% public (GMEF) Minimum 10% equity of EDA loan Proposed Lender GMEF Equity TOTAL $1,080,000 (83 %) $ 200,000 (15.4%) $ 20,000 (1.5%)(10% EDA) $1,300,000 (99.9%) . THE EDA ACCEPTED THE EXISTING BUILDING AS THE 10% ($20,000) EDA EQUITY REQUIREMENT BECAUSE OF THE TAPPER'S GOOD-STANDING ON THE THREE PREVIOUS EDA LOANS. Loan Term: Real estate property maximum of 5-year maturity amortized up to 30 years. Balloon payment at 5 years. Recommended: Amortization consistent with lender. Balloon payment in year 5. APPROVED: AMORTIZATION CONSISTENT WITH LENDER, TWENTY YEARS. BALLOON PAYMENT IN YEAR FIVE. Interest Rate: Fixed rate not less than 2% below Minneapolis prime rate. Prime rate per National Bank of Minneapolis on datc of EDA loan approval. Prime rate February 11,2005. 5.5%.. APRROVED: FIXED RATE AT 2% BELOW MINNEAPOLIS PRIME RATE AS OF FEBRUARY 11, 2005. . 4 EDA Agenda - 02/10105 . Loan Fee: Minimum fee of$200 but not to exceed 1.5% of the total loan project. Paid by applicant to the EDA within five working days after City Council approval of GMEF loan. Non-refundable. Loan fee may be incorporated into project costs. EDA retains the right to reduce or waive loan fee or portion of loan fee. Options: Minimum fee of $200 or not to exceed 1.5% of GMEF loan ($3,000), due and payable not later than March 7,2005. APPROVED: $200, due and payable not later than March 7, 2005. Prepayment Policy: No penalty for prepayment. Deferral of Payments: 1. Approval of the EDA membership by majority vote. 2. Extend the balloon if unable to refinance, verification letter from two lcnding institutions subjcct to Board approval. Late Payment Policy: Failure to pay principal or interest when due may result in the loan being immediately called. . Interest limitation on guarantced 10anNot applicable. Assumability of loan: None. Business equity requirements:Subject to type of loan; Board of Directors will determine case by case, analysis under normal lending guidelines. EDA ACCEPTED EXISTING BUILDING AS EQUITY. Collateral: Personal anclJor corporate guarantees (requires unlimited personal guarantees) as per the GMEF attorney. Non-performance: An approved GMEF loan shall bc null and void if funds are not drawn upon or disbursed within 180 days from date of ED A approval. February 10,2005 EDA approval- loan becomes null and void August 10,2005. Non-performance extension: Not applicable. Legal Fees: Responsibility ofthe GMEF applicant. . Please remember to open and close the public hearing. 5 5D- 3 ~ EDA Agenda - 02/10/05 . B. Recommendation: Recommendation is to review this information prior to the EDA meeting for discussion and potential questions. In talking with Tapper regarding the 10% equity requirement, perhaps the EDA needs to discuss this if the equity is not in the form of cash. Consideration to approve or deny GMEF Loan No. 024 is the next agenda item. Co Supportinl! Data: Preliminary GMEF application, job and wage-level goals, Stearns Bank Letter of Credit Analysis and Commitment. Articles of Corporation and executed Lease Agreement forthcoming. . . 6 'S\)- ?>S STEARNS Bank N.A.-ST.CLaUD We Get the Job Done! 4191 2nd St, S, . St. Cloud, MN 56301 . WWW.stearns-bank.com 320-253-6607 ar 1-800-320-7262 . Fax: 320-253-3051 . Member FDIC, .';'"';\f!~: . ,Jjj1!d~"."V February 10, 2005 Ms. Ollie Koropchak City of Monticello 505 Walnut St. Monticello, MN 55362 Fax: 763-295-4404 Mail: US Mail RE: Tapper's Holdings, LLC Dear Ms. Koropchak: . Tapper's have been a customer of Stearns Bank for since 1996 and remain a preferred and creditworthy client. Steams Bank has given preliminary approval to a finance request for William TapperlTapper's Holdings subject to the approval from the city of Monticello for the TIP package and additional loan financing from the ME!)A. The proposed loan will be $1,000,000 with payments based on a 20-year amortization. 5CJ-3\o Please feel free to contact me at 320-202-6132 or Kathy Elliott at 320-202-6138 with any questions. Sincerely, d:.~. /7 , J~ /~/z-,,-----, tev~ Domine Senior Vice President SMDlke rft . STearns Bank Locations: Albany, MN . Edina, MN . EvanSVille, MN . Holdingford, MN . st. CloUd, MN . Upsaio. MN . Scottsdale, AZ ~ ( " tad DEVELOPMENT SERVICES Phone: Fax: E-mail: (763) 271-3208 (763) 295-4404 0]] ie.koroDchak(@.ci.monticello.nm.lls Economic Development Director MONTICELLO Economic Development Authority in and for the City of Monticello, Minnesota GREATER MONTICELLO ENTERPRISE FUND APPRO V ALlDISAPPROV AL Preliminary Loan Application Approval. Februarv 10,2005 Loan terms negotiated and agreed upon between the developer and the EDA Executive Director. YES Formal Loan Application and Financial Statements analyzed by the lending institution or City Staff LETTER OF CREDIT WORTHINESS AND COMMITMENT, STEARNS BANK. February 10, 2005 Building and Site Plan Preliminary and/or Final Review. Forthcoming, CUP on Planning Com, 3/]/05. . Building Permit approval or construction commitment. Forthcoming Loan documentation reviewed and/or prepared by the EDA Attorney. To be DreDared bv Attornev Bubul ECONOMIC DEVELOPMENT AUTHORITY APPROVAL OR DISAPPROVAL: LOAN NUMBER: GMEF LOAN No. 024 LOAN APPROVED: YES BORROWER: TAPPER'S HOLDINGS LLC ADDRESS: SITE 1324 EDMONSON AVE NE DISAPPROVED: LOAN AMOUNT: TWO HUNDRED THOUSAND DOLLARS AND NO CENTS 1$200.000) RATE: 3.5 % FIXED INTEREST RATE DATE: FEBRUARY 10,2005 TERMS: AMORTIZED OVER TWENTY YEARS, BALLOON PAYMENT IN FIVE YEARS FEE: $200 - DUE AND PAYABLE NOT LATER THAJ\; MARCH 7, 2005 . 5 D - 31 ** OTHER (SECOND PAGE) A motion was made by EDA Commissioner DARRIN LAHR to (approve) Greater Monticello Enterprise Funds in the amount of TWO HUNDRED THOUSAND DOLLARS AND NO CENTS dollars and cents to developer TAPPER'S HOLDINGS LLC this 10TH day of FEBRUARY, 2005. Seconded by EDA Commissioner TOM PERRAULT Monticello City Hall, 505 'Walnut Street, Suite], Monticello, MN 55362-883] . (763) 295-27] 1 . Fax: (763) 295A404 Office of Public Works. 909 Golf Course Rd.. Monticello. MN 55362. (763) 295-3170. Fax: (763) 271-3272 FEB 14 '05 11:19RM P.3/3 GMEF ApprovaIlDisapprovaJ Page 2 . YEAS: Darrin Lahr Tom Perrault William Demeu/es Wayne Mayer NAYS: ABSENT: Ron Hoglund Barbara Schwienrek GMEF disbursed EDA Treasurer. by Check No. CITY COUNCIL MAY REVERSE AN l::DA LOAN DECISION WITHIN TWENTY-ONE DA YS OF EDA APPROVAL. TO CITY COUNCIL FEBRUARY 28.2005 ACCEPTANCE OF TERMS 5u-38' I (We) hereby accept the terms stated above as approved by the Economic Development Authority in and for the City of Monticello / " /) ;; /.t./ DATED: c;\ /1$ /~;; I '7:;' ~ I / ' ,HjJj/L~~ /' OL./:/I)j .:::::-s Devel~J:7// '/ (/i,,". / ~:~:::r-'-"~~~ . .--- Develop.!r . ** OTHER - REAL PROPERTY REHABILITATION LOAN - SECOND POSITION BEHIND LENDER, STEARNS BANK, NA - IF FUNDS ARE NOT DISBURSED BY AUGUST 10, 2005, GMEF' LOAN NO. 024 BECOMES NULL AND VOID ON AUGUST 10,2005. - EXISTING BUILDING ACCEPTED AS EQUITY. - JOBS AND WAGE LEVELS LISTED BELOW TO BE CREATED BY TENANT, STRATEGIC EQUIPMENT AND SUPPLY CORPORA TION. 8 JOBS @ A MINIMUM WAGE Of' $12 PER HOUR WITHOUT BENEFITS 5 JOBS @ A MINIMUM WAGE OF $14 PER HOUR WITHOUT BENEFITS 5 JOBS @AMINIMUM WAGE OF $16 PER HOUR WITHOUT BENEFITS 2 .lOBS @A MINIMUM WAGE OF $18 PER HOUR WITHOUT BENEFITS 3 JOBS @ A MINIMUM WAGE OF $20 PER HOUR WITHOUT BENEFITS 17 JOBS @ A MINIMUM WAGE OF $22 PER HOUR WITI-IOUT BENEFITS - Collateral, guarantees, and other condition requirements 10 be determined and prepared by the GMEF arrorney. . Legal fees the responsibility ofrhe GMEF applicant - Disbursement subject to issuance of bUilding permit for construction ofa 25,000 sq ft warehousing expansion and sllbmiUed COpy of the cxecuted Lease Agreemenr. - Applicant's mailing address: Tapper's Holdings LLC, Attn; William R. Tapper, 3935 Walden Lane, Wayzata, MN 55391. . . . . City Council Agenda - 02/28/05 5E. Consideration to adoot a resolution aoorovin!!" Loan orooosed to be made bv the Economic Develooment Authoritv in and for the City of Monticello to Taooer's Holdin!!"s LLC relatin!!" to Real Prooertv Rehabilitation and aoorovin!!" Loan A!!"reement thereto. (O.K.) A. Reference and back!!"round: Per the Minnesota Statutes Sections 1161.993 to 116J. 994, prior to granting a business subsidy that exceeds $100,000 for a local government grantor, the grantor must provide public notice and hold a hearing on the subsidy. The law outlines eight elements that must be included in the business subsidy agreement plus job and wage level goals. A public hearing notice appeared in the Monticello Times on January 27, 2005, and the EDA held the public hearing on February 10,2005. Additionally, the city government must approve the Business Subsidy Agreement and the Loan Agreement, therefore, this item appears on the agenda. The Business Subsidy Agreement, (page 4) a section of the Loan Agreement, as prepared by EDA Attorney Steve Bubul is attached for your review. Remember, approved GMEF dollars are not disbursed until bank closing and upon approval of site/building plans and CUP approval by the Planning Commission. The real property rehabilitation loan approved for Tapper's Holdings LLC is for $200,000, exceeding the $100,000. B. Alternative Action: I. A motion to adopt a resolution approving Loan proposed to be made by the EDA in and for the City of Monticello to Tapper's Holdings LLC relating to real property rehabilitation and approving Loan Agreement thereto. 2. A motion to deny adopting the resolution approving Loan proposed to be made by the EDA in and for the City of Monticello to Tapper's Holdings LLC relating to real property rehabilitation and approving Loan Agreement thereto.. 3. A motion to table any action. I 3~ City Council Agenda - 02/28/05 . C. Recommendation: The City Administrator and Economic Development Director recommend Alternative No.1 for consistency with the EDA and for compliance with the Business Subsidy Law. D. SUDDortilll! Data: Rcsolution for adoption, Business Subsidy Agreement, page 4 of the Loan Agreement. . 2 . ~o . . . CITY OF MONTICELLO RESOLUTION NO. RESOLUTION APPROVING LOAN PROPOSED TO BE MADE BY THE ECONOMIC DEVEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO TO TAPPER'S HOLDINGS LLC RELATING TO REAL PROPERTY REHABILITATION AND APPROVING LOAN AGREEMENT THERETO WHEREAS, Tapper's Holdings LLC (the "Developer") has requested the Economic Development Authority in and for the City of Monticello (the "EDA") loan the Developer funds to finance a portion of the cost of the 25,000 square foot expansion of a vacant 60,000 square foot distribution facility ("Project") that is located at 1324 Edmonson A venue Northeast ("Property") in the City of Monticello, Minnesota (the "City"); WHEREAS, the City Council of the City has received and reviewed a Loan Agreement for a the real property rehabilitation loan (the "Loan Agreement"), between the EDA and the Developer, providing for a loan in the amount of $200,000 to the Developer (the "Loan"), which agreement includes a "business subsidy agreement" as defined in Minnesota Statutes, Section ]661.993 to I ]61.995; and WHEREAS, on February 10, 2005, the EDA conducted a duly noticed public hearing as required by Minnesota Statutes, Section 116J.994, Subdivision 5 on the proposed Loan to be made to the Developer pursuant to the Loan Agreement. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, I. The Loan Agreement, and the business subsidy agreement contained therein, is approved. Approved by the City Council of the City of Monticello this 28th day of February, 2005. Mayor ATTEST: City Clerk 259550(JAE) MN325-18 SE~L\\ . . . LOAN AGREEMENT This Loan Agreement ("Agreement") is made this _ day of , 2005, by Tapper's Holdings LLC, a Minnesota limited liability company ("Borrower") and the Economic Development Authority in and for the City of Monticello, Minnesota ("EDA"), a public body corporate and politic under the laws of Minnesota. RECITALS A. In consideration for the loan contemplated by this Agreement, Borrower is executing and delivering to EDA this Agreement and a Mortgage in the form attached hereto as Exhibit A ("Mortgage"). B. EDA agrees to loan to Borrower the maximum amount of $200,000 to finance the rehabilitation of real estate property, including the 25,000 square foot expansion of a vacant 60,000 square foot distribution facility ("Project") that is located at 1324 Edmonson A venue Northeast and legally described in Exhibit A of the Mortgage ("Property") in the City of Monticello, Minnesota (the "City"). ACCORDINGL Y, to induce EDA to make the Loan to Borrower, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the pa11ies hereto agree as follows: I. The Loan Amount. Subject to and upon the terms and conditions of this Agreemcnt, EDA agrees to loan to Borrower the sum of Two Hundred Thousand and no/IOOth Dollars ($200,000), or so much thereof as is disbursed to Borrower in accordance with this Agreement ("Loan"). The Loan shall be evidenced by a promissory note ("Note") payable by Borrower to EDA and substantially in the form of Exhibit B attached to this Agreement, which shall be dated as of the date of this Agreement. Proceeds of the Loan shall be disbursed in accordance with Section 3 hereof. 2. Repavment of Loan. The Loan shall be repaid with interest as follows: (a) Interest at the rate of three and one half percent (3.5%) per annum shall accrue from the Loan Closing Date (as hereinafter defined) until the Loan is repaid in full. (b) Payments of principaJ and interest shall commence on , 2005 (the "Initial Payment Date") and continue on the first day of each and every month thereafter until paid in full. Such payments shall fully amortize any outstanding balance of the Loan over twenty (20) years; provided, however, the entire remaining unpaid balance of principal and interest shall be due and payable on the first day of the sixtieth (60[h) month following the Initial Payment Date. 258817(JAE) MN325-18 SE - L\ do . . . 3. Disbursement of Loan Proceeds. (a) The Loan proceeds shall be paid to Borrower on other date as the parties hereto agree ("Loan Closing Date"). , 2005 or such (b) The following events shall be conditions precedent to the payment of the Loan proceeds to Borrower on the Loan Closing Date: (i) Borrower having executed and delivered to EDA, prior to the Loan Closing Date and without expense to EDA, executed copies of this Agreement and the Note, and Borrower further having caused to be executed and delivered to EDA a guaranty in substantially the form set forth hereto at Exhibit C (the "Guaranty"); (ii) Borrower having provided evidence satisfactory to EDA that Borrower has established a separate accounting system for the exclusive purpose of recording the receipt and expenditure of the Loan proceeds; (iii) Borrower having paid $200 to EDA as a loan origination fee; (iv) Borrower having paid to EDA the full amount of the legal fees incurred by EDA in the negotiation and preparation of this Agreement and any other agreement or instrument securing the Loan; (v) Borrower having provided evidence satisfactory to EDA that Borrower has obtained adequate financing to complete all activities related to Borrower's undertakings on the Propcrry; (vi) Borrower having obtained a building penn it for construction of a 25,000 square foot expansion to the existing distribution facility on the Property; and (vii) Borrower having submitted an executed lease agreement between Borrower and Strategic Equipment and Supply Corporation ("Tenant") for a portion of the Property with a term of not less than five (5) years. 4. Representations and Warranties. Borrower represents and warrants to EDA that: (a) Agreement, Borrower is duly authorized and empowered to execute and deliver perform all obligations hereunder, and to borrow money from EDA. this (b) The execution and delivery of this Agreement, and the perforrrance by Borrower of its obligations hereunder, do not and ",ill not violate or conflict with any provision of law and do not and will not violate or conflict with, or cause any default or event of default to occur under, any agreement binding upon Borrower. (c) The execution and delivery of this Agreement has been duly approved by all necessary action of Borrower, and this Agreement has in fact been duly executed and 253817(J/\E) 1\11\32:\-]8 ') Sf. - '-\ '3> . delivered by Borrower and constitutes its lawful and binding obligation, legally enforceable against it. (d) Borrower warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of Loan proceeds and that any duly authorized representative of EDA shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of Borrower pertaining to the Loan until the completion of all closeout procedures and the final settlement and conclusion of all issues arising out of this Loan. (e) Borrower warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue to comply throughout the terms of this Agreement. If at any time Borrower receives notice of noncompliance from any governmental entity, Borrower agrees to take any necessary action to comply with the state or federal law in question. (f) Borrower warrants that it will use the proceeds of the Loan made by EDA solely for the costs of the Project. (g) Borrower warrants that it will not create, pennit to be created, or allow to exist any liens, charges, or encumbrances prior to the obligation created by this Loan Agreement, except as otherwise authorized in writing by EDA. 5. Event of Default bv Borrower. The following shall be Events of Default under this . Agreement: (a) failure to pay any principal or interest on the Loan when due; (b) any representation or warranty made by Borrower herein or in any document, instrument. or certificate given in connection with this Agreement the Mortgage or the Notc is false when made; SE.-~L) . (c) Borrower fails to pay its debts as they bccome due, makes an assigrunent for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they becomc due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankl1lptcy Code to another chapter, or be the subject of an order for rclicf in such bankruptcy case, or be adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or recciver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment; 25R817(.1i\!J l\'lN325-18 , ~ . (d) a garnishment swnmons or writ of attachment is issued against or served upon EDA for the attachment of any property of Borrower in EDA's possession or any indebtedness owing to Borrower, unless appropriate papers are filed by Borrower contesting the same within thirty (30) days after the date of such service or such shorter period of time as may be reasonable in the circwnstances; (e) any breach or failure of Borrower to perform any other ternl or condition of this Agreement not specificalIy described as an Event of Default in this Agreement and such breach or failure continues for a period of thirty (30) days after EDA has given 'hTitten notice to Borrower specifying such default or breach, unless EDA agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice CalIDot be corrected within the applicable period, EDA wilI not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Borrower within the applicable period and is being diligently pursued until the Default is corrected, but no such extension shalI be given for an Event of Default that can be cured by the payment of money (i.e., payment of taxes, insurance premiums, or other amounts required to be paid hereunder); (I) any breach by Borrower of any other agreement between Borrower, and EDA or the City of Monticello, Mil1J1esota. usiness Subsid. A reement. The provlslOns of this Section constitute the y agreement" for the purposes of the Business Subsidy Act. . 5E-~S (a) General Terms. Borrower has or will enter into a lease with a teml of at least five ycars with Tenant and pursuant to this lease, Tenant wilI occupy a portion of the distribution facility located on the Property. In return for favorable conditions in the lease, the Tenant will provide the jobs and wages required by this Section. The parties agree and represent to each other as folIows: (i) The subsidy provided to Borrower consists of a LOal1 of $200,000 made pursuant to this Agreement. (ii) The public purposes of the subsidy are to provide employment opportunities and increase the ta'( base of the City and the State of Minnesota. (iii) The goals for the subsidy are: to secure development of the expansion of the distribution facility located on the Property; to maintain such improvements as a distribution facility for at least five years following the completion of the Project; and to create the jobs and wage levels in accordance with Section 6(b) hereof. (iv) If the goals described in clause (iii) are not met, such failure shall constitute an Event of Default on the part of Borrower. . (v) The subsidy is needed to induce Borrower to continue its business at this site, induce Tenal1t to relocate its operations to this site, and to mitigate the cost of the Project. 2:'iS817{JAE} rV1N32)-jk 4 . . . (vi) Borrower does not have a parent corporation. (vii) In addition to the Loan, Borrower expects to receive a note issued by the Housing and Redevelopment Authority in and for the City of Monticello in the estimated amount of up to $100,000 to be funded by tax increment financing. This note will also constitute a business subsidy under the Business Subsidy Act. The Housing and Redevelopment Authority in and for the City of Monticello and Borrower will enter into a separate business subsidy agreement related to the note. (viii) The fair market value of the subsidy provided to Borrower is $200,000, the principal amount of the Loan. (b) Job and Wage Goals. Within two years after substantial completion of the Project (the "Compliance Date"), Tenant shall cause to be created at least 40 full-time equivalent jobs on the Propeny and shall cause the wages for all employees on the Property to be no less than amounts shown in the table below, exclusive of benefits. Full-Time Equivalent Jobs Hourlv Wage 8 5 5 2 $12.00 $]4.00 $16.00 $18.00 $20.00 $22.00 1 J ]7 Jobs created by Borrower or other tenants within the Project will count toward the requirements of this Section. Notwithstanding anJthing to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite Borrower's continuing obligations under Sections 6(a)(iii) and 3.4(c). The EDA may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the EDA's legislative discretion regarding this matter. (c) Reports. Borrower must submit to the EDA a wTitten report regarding business subsidy goals and results by no later than March I of each year, commencing March I, 2006 and continuing until the later of (i) the date the goals stated Section 6(a)(iii) are met; or (ii) if the goals are not met, the date the Loan is repaid in full. The report must comply with Section I] 6.1. 994, Subdivision 7 of the Business Subsidy Act. The EDA will provide information to Borrower regarding the required forms. If Borrower fails to timely file any report required under this Section, the EDA will mail Borrower a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, Borrower fails to provide a report, Borrower must pay to the EDA a penalty of $] 00 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. 25f.:RJ7(JAE) Mi\i325-lg 5 5 t: - L-\ 1..0 (d) Nature of Obligation. The parties agree and understand that Tenant will lease the Project, operate a distribution facility, and create the jobs required under this Section. Nevertheless, . the obligations under this Section are a joint and several liability of Borrower. (e) Audits. Upon written request of EDA or City in any year, Borrower shall retain at its expense an independent, third party accountant to audit any job and wage report submitted by Borrower under paragraphs (c) of this Section. Borrower must deliver to EDA a written report from the accountant promptly upon completion of such audit. 7. EDA's Remedies upon Borrower's Default. Upon an Event of Default by Borrower and after provision by EDA of written notice, EDA shall have the right to exercise any or all of the following remedies (and any other rights and remedies available to it): (a) declare the principal an10unt of the Loan and any accrued interest thereon to be immediately due and payable upon providing written notice to Borrower; (b) suspend its performance under this Loan Agreement; (c) take any action provided for at law to enforce compliance by Borrower with the terms of this Agreement and the Note; (d) exercise its rights under the Guaranty; and . (e) exercise its rights under the Mortgage. In addition to any other amounts due on the Loan, and without waiving any other right of EDA under any this Agreement or any other instrument securing the Loan applicable documents. Borrower shall pay (0 EDA a late fee of $250 for any payment not received in full by EDA within 30 calendar days of the date on which it is due. Furthermore, interest will continue to acerue on any amount due until the date on which it is paid to EDA. and all such interest will be due and payable at the same time as the amount on which it has accrued. 5 E- q l 8. EDA's Costs of Enforcement of Agreement. If an Event of Default has occurred as provided herein, then upon demand by EDA, Borrower shall payor reimburse EDA for all expenses, including all attorneys fees and expenses incurred by EDA in connection with the enforcement of this Agreement and the Note, or in connection with the protection or enforcement of the interests and collateral security of EDA in any litigation or bankruptcy or insolvency proceeding or in any action or proceeding relating in any way to the transactions contemplated by this Agreement. 9. Indemnification. . (a) Borrower shall and does hereby agree to protect. defend, indemnify, and hold EDA. and its officers, agehts, and employees, harmless of and from any and all liability, loss, or damage that it may incur under or by reason of this Agreement, and of and from any and all claims and demands whatsoever that may be asserted against EDA by 25's.sI7(JAE) I'vlN32:i-lk 6 . . . reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants, or agreements contained herein. (b) Should EDA, or its officers, agents, or employees incur any such liability or be required to defend against any claims or demands pursuant to Section 9, or should a judgment be entered against EDA, the amount thereof, including costs, expenses, and attorneys fees, shall bear interest thereon at the rate then in effect on the Note, shall be secured hereby, shall be added to the Loan, and Borrower shall reimburse EDA for the same immediately upon demand, and upon the failure of Borrower to do so, EDA may declare the Loan immediately due and payable. ( c) This indemnification and hold harmless proVISIon shall survive the execution, delivery, and performance of this Agreement and the creation and payment of any indebtedness to EDA. Borrower waives notice of the acceptance of this Agreement by EDA. (d) Nothing in this Agreement shall constitute a waiver of or limitation on any immunity from or limitation on liability to which Borrower is entitled under law. 10. Miscellaneous. (a) Waiver. The performance or observance of any promise or condition set forth in this Agreement may be waived, amended, or modified only by a wTiting signed by Borrower and EDA. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power, right, or remedy. (b) Assignment. This Agreement shall be binding upon Borrower and its successors and assigns and shall inure to the benefit of EDA and its successors and assigns. All rights and powers specifically conferred upon EDA may be transferred or delegated by EDA to any of its successors and assigns. Borrower's rights and obligations under this Agreement may be assigned only when such assignment is approved in w'fiting by EDA. (c) Governing Law. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. (d) Severabilitv. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. (e) C.S. mail. Notice. All notices required hereunder shall be given by depositing in the postage prepaid, first class mail, return receipt requested, to the following 25~gI7(JAE) MJ'\'32,';-jB 7 ~f-'-\.<6 . . . addresses (or such other addresses as either party may notify the other): To EDA: Monticello Economic Development Authority 505 Walnut Street Suite I Monticello, MN 55362 Attn: Executive Director To Borrower: Tapper's Holdings LLC Attn: William R. Tapper 3935 Walden Lane Wayzata, Minnesota 55391 (f) Termination. If the Loan is not disbursed pursuant to this Agreement by August 10, 2005, this Agreement shall terminate and neither party shall have any further obligation to the other, except that if the Loan is not disbursed because Borrower has failed to use its best efforts to comply with the conditions set forth in Section 3 of this Agreement then Borrower shall pay to EDA all reasonable attorneys fees, costs, and expenses incurred by EDA in connection with this Agreement and the Note. (g) Entire Agreement. This Agreement, together with the Exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whcther oral or written, conceming the Loan. (h) Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. 2'\S817(JAE) rvlN32.'\-j8 8 5E-'-\.'1 . . . IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the proper officers thereunto duly authorized on the day and year first written above. MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By: Title: By: Title: [SIGNA TURE PAGE TO LOAN AGREEMENT -TAPPER'S HOLOII'iGS LLCJ 2.5R817fJAE) MI\325-]g S-l 5E-So . . . 25SgI7(J..'\[) M'\i325-J8 TAPPER'S HOLDINGS LLC By: Title: ISIGNA TURE PAGE TO LOAN AGREEMENT - TAPPER'S HOLDINGS LLC I S-2 Sf-S' . . . City Council Agenda - 02/28/05 SF. Consideration to approve the Business Subsidv Al!reement within the Contract for Private Redevelopment between the Monticello HRA. Tapper's Holdinl!s LLC. and Stratel!ic EQuipment and Supolv Corooration. (O.K.) A. Reference and backl!round: Per the Minnesota Statutes Sections 1161.993 to 116J.994, prior to granting a business subsidy that exceeds $100,000 for a local government grantor, the grantor must provide public notice and hold a hearing on the subsidy. The law outlines eight elements that must be included in the business subsidy agreement plus job and wage level goals. A public hearing notice appeared in the Monticello Times on January 20, 2005. The HRA opened the public hearing on February 2,2005, and continued the public hearing to February 15, 2005, for the purpose of clarification of the "but for" analysis. Additionally, the city government must approve the Business Subsidy Agreement, therefore, this item appears on the agenda. The Business Subsidy Agreement, a section of the Contract for Private Redevelopment, as prepared by HRA Attorney Steve Bubul is attached for your reVle\v. The BRA approved the Contract for Private Redevelopment including the Business Subsidy Agreement on February 15, 2005. The Contract states the HRA agrees to provide pay-as- you-go TIF assistance for site improvement costs in the amount of$67,000 at 6.2% interest rate over five years. The five years being tied to the five-year lease with Strategic Equipment and Supply Corporation. The redcveloper may receive an additional amount of $33 ,000 assistance if the lease with the tenant has been renewed or a new lease with a different tenant has been entered into with a termination date no earlier than February 1,2015, and at a rental rate per square foot that is at market levels as analyzed by the HRA's financial advisors. The redeveloper is obligated to additional terms and conditions as outlined in the Contract. The Contract has been executed by the HRA, Tapper's Holdings LLC, and Strategic Equipment and Supply Corporation. With the potential of the TIF assistance to total $ I 00,000, the HRA Attorney suggested the BRA hold its public hearing and request the Council to approve the Business Subsidy Agreement. 5,) City Council Agenda - 02/28/05 . B. Alternative Action: I. A motion to approve the Business Subsidy Agreement within the Contract for Private Redevelopment between the Monticello HRA, Tapper's Holdings LLC, and Strategic Equipment and Supply Corporation. 2. A motion to deny approval of the Business Subsidy Agreement within the Contract for Private Redcvelopment between the Monticello HRA, Tapper's Holdings LLC, and Strategic Equipmcnt and Supply Corporation. 3. A motion to table any action. C. Recommendation: The City Administrator and Economic Development Director rccommend Alternative No.1 for consistency with the H~\ and for compliance with the Business Subsidy Law. D. SUDDortin!! Data: Business Subsidy Agreemcnt a section of the Contract for Private Redevelopment. . 2 . 5~ - 5 3 . . . Execution Copy CONTRACT FOR PRIVATE REDEVELOPMENT Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA And TAPPER'S HOLDINGS LLC And STRATEGIC EQUIPMENT AND SUPPLY CORPORATION Dated as of: February \ ~ 2005 This document was drafted by: KENNEDY & ORA YEN, Chartered (JAE) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612) 337-9300 http://www.kennedy-graven.com 258069(JAE) MN190-11R 5\=-54 . the consideration from the Redeveloper for the purchase of the Note shall consist of the Redeveloper's payment of the costs of the Site Improvements in at least the principal amount of the Note. The Authority shall deliver the Note upon the Redeveloper's having submitted to the Authority a copy of the executed lease between the Redeveloper and the Tenant, as well as written evidence, in a form satisfactory to the Authority, that the Redeveloper has incurred and paid the costs of the Site Improvements in at least the principal amount of the Note. (b) The initial principal amount of the Note may be increased by $33,000 (for a total principal amount of $100,000 with interest accruing as of the date of initial issuance of the Note) at the discretion of the Authority if the following occurs: (i) Upon the initial issuance of the Note, the Redeveloper submits to the Authority written evidence, in a form satisfactory to the Authority, that the Redeveloper has incurred and paid costs of the Site Improvements in at least the amount of $1 00,000; (ii) The Redeveloper submits to the Authority written evidence, in a form satisfactory to the Authority, prior to February], 2012, that the lease with the Tenant has been renewed or a lease with a different tenant has been entered into with a termination date no earlier than February 1,2015 and at a rental rate per square foot that is at market levels as analyzed by the Authority's financial advisors. . (c) The Redeveloper understands and acknowledges that the Authority makes no representations or warranties regarding the amount of Available Tax Increment (as defined in the Note), or that revenues pledged to the Note \vill be sufficient to pay the principal of the Note. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Redeveloper may rely. Section 3.4. Business Subsidv Agreement. "business subsidy agreement" for t e purp e provisions of this Section constitute the usiness Subsidy Act. (a) General Terms. The Redeveloper has or will enter into a lease with a term of at least five years with the Tenant and pursuant to this lease, the Tenant will occupy the Minimum Improvements. The Redeveloper will pay all property taxes owing on the Redevelopment Property. In return for favorable conditions in the lease, the Tenant will provide the jobs and wages required by this Section. The parties agree and represent to each other as follows: (i) The subsidy provided to the Redeveloper consists of payments on the Note, which payments represent a forgivable loan that is repayable by the Redeveloper in accordance with this Section. The Note is payable from a portion of the Tax Increments from the TIF District, an economic development tax increment financing district. (ii) The public purposes of the subsidy are to provide employment opportunities and increase the tax base of the City and the State. . 258069(JAE) MN]90-] ]8 9 S~ - 5 S . . . (iii) The goals for the subsidy are: to secure development of the Minimum Improvements on the Redevelopment Property; to maintain such improvements as a distribution facility for the time period described in clause (vi) below; and to create the jobs and wage levels in accordance with Section 3.4(b) hereof. (iv) If the goals described in clause (iii) are not met, the Redeveloper must make the payments to the Authority described in Section 3.4( c). (v) The subsidy is needed to induce the Redeveloper to continue its business at this site, induce the Tenant to relocate its operations to this site, and to mitigate the cost of Site Improvements, all as determined by the Authority upon approval of the TIF Plan. (vi) The Redeveloper must continue operation of the Minimum Improvements as a distribution, warehouse or manufacturing facility (a "Qualified Facility") through the Maturity Date. The improvements will be a Qualified Facility as long as (a) the Minimum Improvements are leased to the Tenant, who operates a distribution facility, (b) any successor tenant leases the property and operates a distribution, warehouse or manufacturing business, or (c) the Redeveloper directly occupies the property as a distribution, warehouse or manufacturing business. During any period while the Minimum Improvements are vacant and not operated as a distribution, warehouse or manufacturing facility, the Minimum Improvements will not constitute a Qualified Facility. (vii) The Redeveloper does not have a parent corporation. (viii) In addition to the tax increment financing, the Redeveloper expects to receive a loan through the Monticello Economic Development Authority (the "EDA") in the estimated amount of $200,000. This loan will also constitute a business subsidy under the Business Subsidy Act. The EDA and the Redeveloper will enter into a separate business subsidy agreement related to the loan. (ix) The fair market value of the subsidy provided to the Redeveloper IS $67,000, the principal amount of the Note. (b) Job and Wage Goals. Within two years after substantial completion of the Minimum Improvements (the "Compliance Date"), the Tenant shall cause to be created at least 40 full-time equivalent jobs on the Redevelopment Property and shall cause the wages for all employees on the Redevelopment Property to be no less than amounts shown in the table below, exclusive of benefits. Full-Time Equivalent Jobs Hourlv Wage 8 5 5 2 $12.00 $14.00 $16.00 $18.00 $20.00 $22.00 " .) 17 258069(.1AE) MN]90.] ]8 10 "S '\= - S \0 . Jobs created by the Redeveloper or other tenants within the Minimum Improvements will count toward the requirements of this Section. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Redeveloper's continuing obligations under Sections 3.4(a)(vi) and 3.4(d). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (c) Remedies. If the Redeveloper fails to meet the goals described in Section 3.4(a)(iii), the Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share" of the amount of any Note payments made to the Redeveloper together with interest on that amount at the implicit price deflator as defined in Section 1161. 994, Subdivision 6 of the Business Subsidy Act, accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The term "pro rata share" means percentages calculated as follows: (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; . (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.4(a)(vi), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the date of substantial completion and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.4(a)(iii), the Redeveloper agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first. (d) Reports. The Redeveloper must submit to the Authority a v,Titten report regarding business subsidy goals and results by no later than March I of each year, commencing March I, 2006 and continuing until the later of (i) the date the goals stated Section 3.4(a)(iii) are met; (ii) 30 days after expiration of the period described in Section 3.4(a)(vi); or (iii) ifthe goals are not met, the date the subsidy is repaid in accordance with Section 3.4(c). The report must comply with Section 1 161.994, Subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required . 258069(JAE) MN190-118 II 5\=~Sl under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date ofthe warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent . day until the report is filed. The maximum aggregate penalty payable under this Section is $] ,000. (e) Nature of Obligation. The parties agree and understand that the Tenant will lease the Minimum Improvements, operate a distribution facility, and create the jobs required under this Section. Nevertheless, the obligations under this Section are a joint and several liability of Redeveloper. Section 3.5. Pavment of Administrative Costs. The Redeveloper agrees that it will pay upon demand by the Authority, Administrative Costs (as hereafter defined). For the purposes of this Agreement, the term "Administrative Costs" means out-of-pocket costs incurred by the Authority and attributable to or incurred in connection with the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder. Out-of-pocket Administrative Costs shall be evidenced by invoices, statements, or other reasonable written evidence of the costs incurred by the Authority. As of the date of this Agreement, the Redeveloper has deposited $7,500 with the Authority to be applied toward Administrative Costs. The amount by which this deposit exceeds the Authority's actual Administrative Costs, if any, shall, upon demand by the Redeveloper, be returned to the Redeveloper, but no earlier than the date on which the Redeveloper receives a Certificate of Completion pursuant to Section 4.4 of this Agreement. As of the date of this Agreement, Administrative Costs are estimated to total approximately $] 0,000, but the Authority makes no warranty that actual Administrative Costs will not be more or less than this amount. This Section 3.5 shall survive any termination of this Agreement for any reason. . Section 3.6. Records. The Authority and its representatives shall have the right at all reasonable times after reasonable notice to inspect, examine, and copy all books and records of the Redeveloper relating to the Minimum Improvements and the Redevelopment Property. [Remainder of page intentionally left blank.] . 258069(JAE) MN190-118 12 5f-5<6' . . . Council Agenda - 2/28/04 5G. Consideration of Resolution Declarinl! intent to Reimburse Proiect Costs throul!h Bond Sale Proceeds. (R.W.) A. REFERENCE AND BACKGROUND IRS regulations now require that before a city can issue bonds to reimburse itselffor expenses it has already paid through a bond sale, a resolution needs to be passed indicating which projects the city will likely sell bonds for in the future. This resolution is simply a technical requirement required by the bond counsel. The resolution being proposed covers various improvement projects that are currently underway or will be started in the near future. This resolution will allow the City to finance any of these improvements in the future by selling bonds. Adoption of the resolution is not authorizing a bond sale at this time. B. ALTERNATIVE ACTION 1. Adopt a resolution declaring intent to reimburse expenditmes to the proceeds of bond covering the various projects outlined. 2. Do not authorize the resolution. C. STAFF RECOMMENDATION It is the recommendation of the City Administrator that the resolution be adopted as proposed, thus enabling the City to sell bonds to finance the various improvement projects listed, if desired, in the future. D. SUPPORTING DATA Copy of resolution. 5C\ . . . RESOLUTION 2005-17 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF MONTICELLO TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued T reas. Reg. S 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO (THE "CITY'J AS FOLLOWS: 1. The City reasonably intends to make expenditures for the projects described in Exhibit A (the "Projects"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Administrator is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section 3. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. S 1.150-2 and any successor law, regulation, or ruling. Adopted by the City Council this 28th day of February, 2005. Clint Herbst, Mayor ATTEST: Rick Wolfsteller, City Administrator 5~ -CoO . . . Resolution No. 2005- 17 Page 2 EXHIBIT A TO OFFICIAL INTENT RESOLUTION ADOPTED FEBRUARY 28, 2005 2/28/05 Trunk Sanitary Sewer Extension SE InterceptorlBondhus Project No. 2000-12C 2/28/05 1 Million Gallon Elevated Water Tower Project No. 2004-30C MAXIMUM PRINCIPAL AMOUNT OF DEBT FOR PROJECT $2,950,000 $2,100,000 5<::' ~Co \ . . . Council Agenda - 2/28/05 5H. Consideration of aOllrovinl!: renewal of Men's Softball Association beer license. (RW) A. REFERENCE AND BACKGROUND: The Monticello Men's Softball Association is requesting renewal of their annual license to sell beer at the Xcel softball field concession stand. The Association will be required to obtain dram shop liquor liability insurance upon approval of the City issuing the license. The Council can approve the license contingent upon receipt of of a certificate of insurance for liquor liability and payment of the license fee in the amount of$137.50. B. ALTERNATIVE ACTIONS: I. Grant the beer license contingent upon receipt of the necessary insurance documents and payment of the license fee. 2. Do not approve the license. C. STAFF RECOMMENDATION: D. It is the recommendation of the City Administrator that the licences be granted to the Monticello Men's Softball Association contingent upon proper insurance being provided and payment of license fee. SUPPORTING DATA: None. ~~ . . . Council Agenda 2/28/05 51. Consideration of adoDtinl! a Dolicv rel!ardinl! wire transfers. (R W) A. REFERENCE AND BACKGROUND: In preparation for our annual financial audit, Larson Allen representatives have recently begun some preliminary verifications in preparation for the audit in early May, 2005. As pmi of the internal controls they would like to see each city have, one suggestion related to the establishment of a city policy regarding when and how the City would use electronic wire transfers of funds for payment of certain expenses. The way the City cun-cntly utilizes wire transfers for payment of certain expenses is not questioned by the auditors, but they would like to see a formal policy adopted by the Council confirming the types of transactions where it is allowed. The Council is asked to adopt a policy that provides guidelines and identifies procedures under which the City would use wire transfers. At this time, the policy would allow wire transfers only for the payment of bond principal and interest debt, the purchase of investments through banking institutions and for real estate transactions. The policy would also require that the banking institution verify any electronic transfer request with another city employee as an additional control. Any additional vendors other than the three listed would need to be approved by the City Council before the Finance Department do any other wire transfers. B. AL TERNA TIVE ACTIONS: 1. Adopt the wire transfer policy as presented. 2. Do not adopt wire transfer policy at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and also the recommendation of our City auditor, Larson Allen, that a policy be adopted. D. SUPPORTING DATA: Copy of proposed wire transfer policy. lo3 . . . CITY OF MONTICELLO WIRE TRANSFERS POLICY Purpose: The purpose of this policy is to provide guidelines and to identify procedures under which wire transfers of city funds can be implemented by City Finance Department personnel. Wire transfers are permitted for the following transactions: 1. Payment of bond principal and/or interest. 2. Purchase of investments through banking institutions and financial brokers. 3. Real estate transaction expenditures. Additional Provisions: All wire transaction initiated by City of Monticello financial personnel shall require a confirmation be made by the financial institution from where funds are being transferred with the City Administrator or other financial department employee other than the person initiating the transaction. A list of financial department personnel authorized to initiate transactions will be provided to the institution from which f~l11ds will be transferred. Additional vendors or payment purposes other than the three types of transactions noted above will require Council approval before implementing. Adopted by the Monticello City Council this 28'" day of February, 2005 Dawn/Word/Policies: \\'ire Transfer 51 -lo~ . . . Council Agenda - 2/28/05 SJ. Consideration of authorizinl!: city reDresentatives to Joint Planninl!: Board to select a County Board ReDresentative. (RW) A. REFERENCE AND BACKGROUND: As part of the joint annexation agreement between the City and Township, a five member Joint Planning Board is to be established consisting of two Township representatives, two City representatives, and a Wright County Commissioner. The agreement indicated that the Township Supervisors and the City Council need to agree on who will be appointed as the fifth member. In preparation for the first Joint Planning Board meeting, the administrator for the Joint Planning Board will be the Wright County Planning and Zoning Administrator, Tom Salkowski, who has suggested that to speed up the appointment of the County Commissioner to this board, that it would be easier if each jurisdiction simply authorized the Wright County Commissioners to select an individual amongst their membership to serve on the Joint Planning Board. This appears to be a faster mechanism to appoint a County representative to the board by allowing the County to determine who is willing to serve on the board. While the agreement indicated that both the Township and the City would select an individual 11'om the County Board and if both parties agreed, that would be the individual appointed. it probably makes sense to have the County Commissioners select an individual and provide that name to the Joint Planning Board members for approval. Either way. the outcome will likely be the same. B. AL TERNA TIVE ACTIONS: 1. The Council could agree to authorize the County Board to appoint a representative to the Monticello Joint Planning Board. 2. Do not amend the appointment process at this time requiring each jurisdiction to select a County Commissioner. and if agreed upon by both parties, submit that individual's name to the County Board for approval. C. STAFF RECOMMENDATION: If the process outlined in the joint annexation agreement is followed, there is no guarantee that the agreed upon County Commissioner will accept appointment to the Joint Planning Board, therefore having the County appoint a representative willing to serve appears the easiest way to get the board established. Therefore, the City Administrator recommends Alternative #1. D. SUPPORTING DATA: Memo from Wright Connty Planning and Zoning Administrator. loS . . . v~-rv Ok ,9 ~ 'V ~ i .~~ ffi '2.~ _ g ~ .l~ 7ss6 February 15,2005 Office of PLANNING AND ZONING WRIGHT COUNTY G01/ERNlvIENT CENTER 10 Second 8treciN~V, Rm ]40, Bullaln, AIN 55313"118;"; /763,i G82-73.'JE; Fa:\: # f7G3} 682-7S72 To: Franklin Denn, Chairman, Monticello Town Board Clint Herbst, Mayor, City of Monticello From: Tom SalkOWS~- Re: Monticello Joint Planning Board (JPB) Although I have not received any "'Titten notice, I understand that both the City and Township have appointed members to a new JPR Please send me the names, addresses and phone numbers of your appointees. Although there are no applications pending, it would be v.1se to select a County member and meet to organize at least once before we are faced with any application or other requirement to meet. If there are no objections, I would like to suggest that we meet at the traditional date and time: at 7:30 p.m. on Wednesday, March 2,2005 at the Township Hall. The Joint Resolution calls for one member of the County Board to serve on the JPB, and that person should be "appointedjoindy by the City Council and Township Board". Since the two bodies rarely meet in joint session, I would also like to suggest that both the City Council and Town Board take the following action at your remaining February meeting: pass a motion agreeing that the County Board member on the Monticello JPB shall be whomever is selected to serve bv the County Board While I realize that this is not the same as spelled out in the agreement, it is also true that no one can force any County Commissioner to serve on the JPB. It seems to make more sense to allow the County Board to select a member who is willing to serve. If that process is not acceptable, then the only alternative at this time may be for the Town Board to "appoint" a County Board member and forward that name to the City Council. If the City Council agrees to "appoint" the same member, forward that name to the County Board. Since neither body has the authority to appoint a County Commissioner to anything, the County Board mil then have to agree to the appointment. (I am afraid that it may not be possible to accomplish this second scenario by March 2.) If she were willing, I would also request that the first action of the new JPB be to appoint Nancy Kopff as secretary. She is uniquely well qualified to serve in this position if she can find the time and is willing to do so. Cc. N. Kopff R. Wolfsteller R. Norman for County Board Printed on recycled paper. Equal Opportunity i Affirmative Action Employer 5]" - lob . . . Council Agenda ~ 2/28/05 5K. Authorize distribution of an EA W for a 30-dav comment period for the Hidden Forest Development and Sunset Rid!!e Residential Development Environmental Assessment Worksheet (EA W) (WSB) A. REFERENCE AND BACKGROUND: The Hidden Forest development and Sunset Ridge addition is a I 73-acre site located just outside of the east City boundary, in the annexation area. These projects propose 239 unattached units (single-family homes). This property is proposed to be jointly dcveloped by Mark Wolston and Rick Lewandowski. Due to the permanent land use convcrsion of 80 or more acres from agriculture and naturally vegetated land to a residential development, the Hidden Forest development along with the Sunset Ridge addition triggers a mandatory EA W pursuant to Minnesota Rules 44] 0.4300 subpart 36. Pursuant to rules 44 ]0.4300 following publication of the EA W in the EQB Monitor, comments must be submitted to the RGU during the 30-day public comment period ending April ]3,2005. B. ALTERNATIVE ACTIONS: ]. Authorize the distribution of the EA W for the 30-day public comment period to the required agencies. 2. Do not authorize the 30-day comment period of an EA W at this time. c. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, and City Engineer recommend selecting Alternative No. I. The EA W process includes distribution of the document for a 30-day comment period. Authorizing distribution of the EA W does not constitute approval of the project, but rather that the EA W is complete and can be submitted for agency review. Upon receipt of all public comments, this item will be brought back to the City Council for a final decision regarding the need for an Environmental Impact Statement (EIS). D. SUPPORTING DATA: Environmental Assessment Worksheet (EA W) I.", ,!)Ii!"1 :l/F--.I'I),IIJX/;R--J.("f'/.()(",JrS-_I',h",f'c.)(,;.\ In I_lidl"" I'i,"C',,-, ""'IS". !(i,':~,' c.: 11I"_!l:!80.i.d,,, tol Council Agenda - 2/28/05 5L. Approve Chanl!e Order No.1 for Trunk Hil!hwav 25 at School Boulevard Traffic Sil!nal Proiect (City of Monticello Proieet No. 2004-19C) (WSB) . A. REFERENCE AND BACKGROUND: The Trunk Highway 25 at School Boulevard Traffic Signal Project involved field modifications, including the following: · Zebra crosswalk material was changed from Poly-Preform to Epoxy to save money until School Boulevard reconstruction is completed the summer of2005; . A pedestrian push button station was added due to overhead utility line clearances; . A dual pedestrian curb ramp was added to facilitate more efficient flow of pedestrians, per request from John Simola; . One spare LED traffic signal head of each color and type will be supplied to the city, per request from John Simola. B. ALTERNATIVE ACTIONS: 1. Approve Change Order No.1 in the amount of($727.64) for Granite Ledge Electrical Contractors. Inc. c. STAFF RECOMMENDATION: . The City Administrator, Public Works Director, and City Engineer recommend approving Change Order No.1 in the amount of ($727.64) for payment. D. SUPPORTING DATA: . Letter from WSB & Associates. Inc. . Change Order No. I . ~3 (';IiJ()('!.'.\/F-i,j)_JII.\(;Jj-I.cN.(J(',lf.S-I'l""'J.'"I/iSIrII-l'{ii-'-'J,'MJ5.d,-.', . . . . WSB & Associale.~, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-41100 Fax: 763-541-1700 February 28, 2005 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Re: Change Order No. I TH 25 at School Boulevard Signal System City of Monticello Project No. 2004-19C WSB Ploject No. 1488-78 Dear Mayor and Council Members: Please find enclosed Change Order No_ I for the above-referenced project reflecting changes to the contract as follows: · Zebra crosswalk material was changed from Poly-Preform to Epoxy to save money until School Boulevard reconstruction is completed the summer of 2005; . A pedestrian push button station was added in the southeast quadrant of the intersection due to overhead utility line clearances; . A dual pedestrian curb ramp was added in the southwest quadrant of the intersection to facilitate more efficient flow of pedestrians, per request from John Simola; · One spare LED traffic signal head of each color and type will be supplied to the City, per request from John Simola. This change order reflects a net decrease of ($727.64) to the original contract amount. If the attached meets with your approval, would you please sign and process. The amount of this change order will be included with Construction Pay Voucher No.2 being processed at this time. Please call me at 763-287-7145 if you have questions. Sincere] y, WSB & Associates, Inc. ':::::&:r:t~ Ploject Manager Enclosure cc: John Simola, City of Monticello bh/srb 5 L - b~ f'.\I'r'I'WIM/4//li.?/r.'".'.I".J", Minneapolis. St. Cloud Equal Opportunity Employer . FEB-23-2(1aS 15: 42 Feb.23. 2005 4:57PM WSB 8. ASSOC I ATES GRANITE LEDGE ELECTRICAL CO NT . 7635411700 P.02/03 N0.9281 p. 2/3 Trunk HlghllMy 2S at School Bau"'VIInI CIQ' of lIo11titelO, Wltghl County, 1I1n_ C.? 2OlJ4.19C W8B Prajocl No. 1_78 Owner: City 01 Monticsllo Contractor. GJIlnl1e Lildg8 EIecIriCaJ Ino. 0at8 01 ,""once, FebIUOI)' 15. 200& Engineer. WSB & Associates. Inc. You are lllreclad lD mal<e tho loIlowIng chang.. In tho ConlraCt Document d~pIion' Oeocriptlon: Change m."'riaI for crosswalks Imm opoxy to paint. Add pedestrian push butlr>n stallon in southeast quadrant of Into",aclion, due to ov_ utility lin... I\lltl dual pedestrian cum ramp in 10uthwe&l quod"",t oIln1ar8edian, par John Simoia. Add on.. apare LED head 01 each type 10 the oontracl. PtovIdelo MontlC<lilo Public W"""'. per John SlmoIo. CHANG~ I'l CONlRACT PRICE . Orlglnal Conlnicl Price: Previous CI1ango Order.sISuppklmenlal ~nts: . Contract Price Pr10r to This Chong. Order. Nat Increese 01 This C"'"09o Order. Conbact Prico With All Appro1/Od CI1ange Onlets: CHANGE IN CONTRACTTlME $187.070.00 Original Conll8cl nme: _IB1S N1A NlII C","nge Imm PrevIOus Change ORlII1l: NlA $157.070.00 Conlracl Tima Prior'" This Cheng.. Order. _'5 $ (mM) Net Increa&.. Of Chango Order. Nooo $ 156,;:142.38 Conllllcl Time With Appn>ved Chonge Ord....: N""""IBI5 ApptOvod By. Roccmm8nded By. h ((Ue~~.~~f fP wsa&AssociatM In...~ Englnoer Appravod By. City of Monticello 5 L - to C'\Di)CllmMB and Sen~\u:)e\flf.~' Sli':liingll.m,lm)1<\1UrY hlCOnklt NNs'OJJ.:I~B\c-Q-- J ,d<<: . . . FEB-23-2005 15:42 Feb.23. 2005 4:57PM WSB & ASSOCIATES GRANITE LEDGE ELECTRICAL CONT. Trunk Highway 25 at Scbool Boulevard city of UonUQOIIo, WrIght County. Minnesota C.P. ZOO+1gC WSB Project No. 1"8-71 Deleted 110... per ConIraot Pri"" Item Spec. No. No. Descl1pUon Total Quantity (1080) 3 Zebra moswalk White - Epoxy 2MI.~18 Subtotal Dellll<l Added IIom5 per Nagoli.tad PrIce .618 Zebra hIIe nt PedeSltiell n S1ation ul1l RamovaJ an~ Re~.cement Spar. LED Heads 1080 1 I 1 S_I Added Total Oelo!.d UnIIa 8qFt fl Each Lump SUm umpSum Unit Price $ 6.25 Item Total ($6,750.00) ($ 6,750.01) .104.00 $ 338.94 $ 682.51 .91 $ 6,022.38 (S 727.64) 5l--/J C'\I)o(:uml:tlis I'ltlIt Se1.tiug>iii.lS\::nl.oco.l f.k~,g.t\1;t.'ln.pOrarj Jnl.ef.l1vr fiJti\Ol..KlS13'~o--J ,doc 3.80 $3 . $ 682~1 895.91 TOTAL P.il3 . . . Council Agenda - 2/28/05 SM. CSAH 18/I-94 Interchan!!:e Traffic Si!!:nals: Si!!:nal Justification Reports (Citv of Monticello Proiect No. 2004-01C) (WSB) A. REFERENCE AND BACKGROUND: Three traffic signals are proposed for the construction ofthc CSAH 18/1-94 Interchange Project. The new traffic signal systems are located along CSAH 18 at the eastbound and westbound 1-94 ramps (new), and at the intersection of CSAH 39/75 (reconstructed). The State of Minnesota, Wright County, and the City of Monticello \vill be participating in thc construction cost and maintenance of the signals. The Signal Justification Reports are the first step in the design approval process and justify the need for the signals. The Signal Justification Reports also identify the funding share of the construction costs. Traffic signal warrants were analyzed for all three locations. Warrants are a number of requirements used to determine if a signal should be used as a traffic control device. The results of the analysis are presented in each report and are summarized in the Table below: Warrant Summary - " " ... ... " ~ .. " ,....:If",.... ~....t-'-.."O QO...~.. .S ~".l"f"l ~ ::X::::x::- <<;; (J).'JJ.l- uu;; ~ .. - " ~... .- "g ~'OO ..~ =...c......"';' o e::x:: .... ;s. ~....:"(....:= ",..Q::oo..ee- ~...~.u.t: , '" - ~ .. 'g = =":"00;0 O-.:e _.: .~ ..'o.:t :: 1l.l..E < = .~....~. if.! ~ ...,.."Ul., 0'\ ee ~ ~ Title lA 8-Hour Minimum Vehicular Volume I B 8-Hour Interruntion of Continuous Traffic 1 C 8-Hour Combination of \\/arrants 2 4-Hour Vehicular Volume 3A Peak-Hour Delay (Delay must be at least 4 Vehicle Hours) 38 Peak-Hour Volume 7 Crash exnerience (Number per Year) NotMct Not Met Not Met Met Not Met Not Met Met Not Met Met Not Met Met Not Met Met Met Not Met Met Not Met Met Not Met Met Not Met Based on the analysis of the traffic volume data and traffic engineering judgment, a traffic control signal system is warranted at each of the following intersections: . CSAH 18 at CSAH 39/75 . 1-94 Eastbound Ramps at CSAH 18 . 1-94 Westbound Ramps at CSAH 18 c.,!lOC( .UF--!',/)'ill';(;II--1 ('Ii!.()(',If..')._.,I,h"'p',liiYTJ:\H:\.IIIIS.\.!/{,-_IC!MJ5,1", I 2 . . . Council Agenda -- 2/28/05 The anticipated funding for the traffic control signal system is in conformance with Wright County and Mn/DOT policy. The estimated traffic signal construction cost and cost split is summarized in the following table: I - " rJ:i ..:)0 0.."';';; =::1: "< ~'" :,u '"" .......l(J ~..~ oio~ _..~ ::1:::1: << "'''' Uu "0 :';;"Q6 = e;,,:;.;;.;j g ~/:a :5'< ~.~ 'rJ) '"I~U Construction Estimate MnIDOT Share WriQht Countv Share Monticello Share $200,000 0% 50% 50% $200,000 2YYO 37.5~'o 37.5% $200,000 25% 37.5% 37.5% These costs are included in the overall funding for the CSAH 18/1-94 Interchange Project. A more detailed breakdown of the construction cost and maintenance agreements will be outlined in the Traffic Signal Agreements once the Signal Justification Reports are fully executed. These Signal Justification Reports must be signed by all parties prior to approval of the construction documents and drafting of the Traffic Signal Agreements. B. AL TERNATIVE ACTIONS: I. Approve Signal Justification Reports for staff execution. 2. Deny Signal Justification Reports. C. STAFF RECOMMENDATION: Thc City Administrator, Public Works Director, and City Engineer recommend that the City Council approve the Signal Justification Reports for staff execution as specified in Alternative Action No.1. D. SUPPORTING DATA: Copies of the Signal Justification Reports will be available at City Hall prior to the City Council meeting for your review. 13 (-..lOor'I:I:r-_:\l!.ln~CiR i ('N.01:II.S-.",hmp',I(;.\ II:\I-C.\-1I1 .'\.~fII.,-I)J:."I5.,i", . . . 5N. Council Agenda - 2/28/05 Consideration of approvin!! request for one-day charitable !!amblin!! license Monticello VFW Post 8731. (RW) A. REFERENCE AND BACKGROUND: The Open Trails ATV Club has applied for a permit to conduct a raffle on December 13,2005 at Monticello VFW Post #8731. In order for the State Gambling Control Board to issue this gambling license, a resolution by the City either approving or denying the application needs to be submitted with their application. In the past the City has not opposed these exempt gambling license applications for charitable events. B. AL TERNA T1VE ACTIONS: c. D. 1. Adopt a resolution authorizing the State Gambling Control Board to issue the one day charitable gambling license to the Monticello VFW Post #8731. 2. Adopt a resolution denying the gambling license application. STAFF RECOMMENDATION: Staff is not aware of any reason why the Council would not allow the State to issue this gambling license. SUPPORTING DATA: Resolution approving gambling license. "t'-\ . . . CITY OF MONTICELLO RESOLUTION NO. 2005-18 RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, The Open Trails ATV Club has submitted an application to the City Council of Monticello for the issuance of a one day charitable gambling license to conduct at raffle at the Monticello VFW Post #8731 in Monticello. Minnesota, and' WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL that the application by Open Trails A TV Club for a charitable gambling license to conduct a raffle on December 13, 2005 at Monticello VFW Post #8731. Adopted by the City Council this 281h day of February. 2005. Clint Herbst. Mayor ATTEST: Rick Wolfsteller, City Administrator Sf\! - 15 . . B. 50. Council Agenda - 2/28/05 Consideration of resolution updatin!! Municipal State Aid Street system for the City of Monticello (WSB) A. REFERENCE AND BACKGROUND: The Municipal State Aid Street (MSAS) system allows cities with a population over 5,000 to be eligible to receive additional funding for road improvements and maintenance from the Slate Highway Users Fund. To receive funding, the City can designate up to 20% of its local streets to receive MSAS funding. With the continuing residential and commercial grow1h within the City, our system has mileage available for designation. At the end of 2004, 1.48 miles were available for designation. In an effort to get the most funding for our system, we are proposing to re-designate an additional 0.63 miles of existing MSAS streets to other roadways that better fit the criteria for MSAS system streets. We are proposing to make the following modifications: . Rcmoval of Locust Street from 4[h Street to CSAH 75 (0. I 6 miles) · Removal of 4th Street from Locust Street to Walnut Street (0.08 miles) · Removal of Walnut Street from 7th Street to CSAH 75 (0.39 miles) . Addition of Washington Street from 7[h Street to CSAH 75 (0.32 miles) · Addition of Oakwood Drive from TH 25 to Cedar Street (0.10 miles) · Addition of Edmonson Avenue from School Boulevard to Dundas Road (0.39 miles) · Addition of Edmonson Avenue from Dundas Road to Chelsea Road (0.25 miles) . Addition of Chelsea Road from Edmonson Avenue to Fallon Avenue (0.52 miles) · Addition of Fallon Avenue from School Boulevard to Dundas Road (0.38 miles) Streets designated in the MSAS system must connect to other MSAS system streets, or streets of a higher designation, such as county roads or state highways. AL TERNA TIVE ACTIONS: I. The first alternative would be to approve the proposed resolution to remove Loeust Street, 4[h Street, and Walnut Street from the MSAS system and designate a portion of Washington Street, Oakwood Drive, Edmonson Avenue, Chelsea Road, and Fallon Avenue as MSAS additions for the year 2005. 2. The second alternative would be not to approve the proposed resolution. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend that the City Council approve the resolution as outlined in Alternative No. I. Upon approval, the City Administrator/Clerk shall provide a certified eopy of this resolution by May I, 2005 for transmittal to the Commissioner of the Department of Transportation. D. SUPPORTING DATA: . . Copy of Resolution · 2005 Proposed MSAS Designation Drawing l(., (', ,!J!!( '( :ifF_I'1) IIr.HiN_l Cf',!JJC II.S_I I),'III)'UI;Y fJ:\'-.\IYIS (,''','''''' U".HF'c'MI.'"I" . 1. 2. 3. 4. . 5. 6. 7. 8. 9. . RESOLUTION OS-_ A RESOLUTION UPDATING MUNICIPAL STATE AID STREET SYSTEM FOR THE CITY OF MONTICELLO WHEREAS, as a requisite to qualify for state aid, it is necessary that the City Council designate certain streets within the City of Monticello to comprise a Municipal State Aid Street system; and WHEREAS, the Council has reviewed the recommendations of the City Engineer and has approved certain streets within the City to be removed or to become a part of said system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello as follows: That Locust Street from 4th Street to CSAH 75 shall be removed from the City of Monticello MSAS system. That 4th Street from Locust Street to Walnut Street shall be removed from the City of Monticello MSAS system. That Walnut Street from 7'h Street to CSAH 75 shall be removed from the City of Monticello MSAS system. That Washington Street from 7'h Street to CSAH 75 shall be included as part of the City of Monticello MSAS system. That Oakwood Drive from TH 25 to Cedar Street shall be included as part of the City of Monticello MSAS system. That Edmonson Avenue from School Boulevard to Chelsea Road shall be included as part of the City of Monticello MSAS system. That Chelsea Road from Edmonson Avenue to Fallon Avenue shall be included as part of the City of Monticello MSAS system. That Fallon Avenue from School Boulevard to Dundas Road shall be included as a part of the City of Monticello MSAS system That the City Administrator/Clerk provide a certified copy of this resolution by May 1, 2005 for transmittal to the Commissioner of the Department of Transportation. Adopted by the Monticello City Council this 28th day of February, 2005. Mayor City Administrator 50-11 (":'{J(!I T-I/F-_fl/!.lii:Y(iN_I("N.m:Jf..\__il)e"'I,ur; \-nJf. flTI(lI- liS. IS r.',o"aw Re.' cO.'i5-I1L"W.,'" z o ~['J z hi' 0 o .~~ ~~ . H ~.. 010: ~ iH ..~ ~ : r:t:l :a)~~ ~ ~ ! 0 1l1~I~a"~- ~ 11-4~ ~ ~~ 0 ! ~ ~~I'~~ 0 0 ~ o "'~ ~~ ~ 0 .~ h ~~ - ~ r~ ~ ~ ~q I *~ :~ :~:~:: .... .... ~ ~~~~J~~~~ z ~ "'.. x . .x .... ~ ~ . . ~ . . . . . - ... - . . . . :'j ",,....,-,,, .... "'.. ..,. Jj ~ ~ ~ : ~ : ; '5 .., _ c . - . . l!: i '" '" :! . Q ~ ~... => -l C>" w ...... <> I- t;; ... '" '" "QC '" '5 '" ~ ... II: :;;~...>-:>-~u~ ~ . ~ 'i i Q. ::; ~ !~~ee~~i Q - <( ~::;:: E-<~ <I;; E-<t>-< CIlCll . .... . .... .... . ..... ..,. ~L:. : r... .. w" . . '-' ""..., ti:I ~:;; f : : , ~ Q ~ : ; - .....:;;"':: .. ",.. ~.... ~:; : : . . > ....... . C <.J VI ... '" I:" ..r .. ~ ~ is .. c ..... q; _ . . x ~ ~ ;:: :: ~ j~a~~ III - R ~~ ~ QE - ::1:..... ~ i!t;;; l!l " 4 l!I (> " ~ ....F< <(~ Q,,[,il -~ 8E-< Z'" ;:J ::;:: ~ '^ . .... ~~.ll' :; ;j;;,ri 'j!'j!i'i'i ' !111!lllil!:il!!I!!i ~~"4"~"~~.~~~S~~=S~. -:: ~ , I- U . ..; ..: "'.. . ..~~ti ll~l~ , ~ ~ I ..-~ /+ I", !'~I! ''''. -I . . . City Council Agenda - 02/28/05 7. Public Hearinl!: - Cousideration to approve a resolution adoptinl!: a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1; and establishinl!: TlF District No. 1-33 therein and adoptinl!: a TlF Plan therefor. Tapper's Holdings LLC (O.K.) A. Reference and Backl!:round: Todd Hagen, Ehlers and Associates, and financial consultant for the HRA, will review this agenda item with Council Members and answer questions. OPEN PUBLIC HEARING The City Council is requested to hold a public hearing and approve a resolution modifying the Plan for Project No. I and establishing TIF District No. 1-33 for Tapper's Holdings LLC. The taxing jurisdictions received a copy of the proposed TIF Plan on January 27,2005, thirty days prior to the public hearing. No comments have been received. The public hearing notice appeared in the local newspapcr on February 17,2005, at least 10 days prior to the public hearing, for compliance with Minnesota Statutes. Please opcn the public hearing for comments and questions. RESOLUTION FOR ADOPTION Attached you will find an overview of the TIF Plan for TIF District No. 1-33 as prepared by Ehlers & Associates. You will note the overview outlines the project description and required lindings of the CounciL The district is located at the corner of Edmonson Avenue NE and Dundas Road in the Oakwood Industrial Park. The project is expected to increase the local tax base by $18,300 annually upon completion of the 25,000 sq ft addition. TIF District No. 1-33 is a Economic District and the maximum life duration of the district will be 8 years from date of receipt the first increment. The project is consistent with the objectives of Central Monticello Redevelopment Project No. I Plan and is established for the purpose to facilitate the construction of a 25,000 sq ft warehouse addition. A copy of the entire TIF District No. 1- 33 Plan and modified Central Monticello Redevelopment Project No. I Plan are available at City Hall for your review. On February 15,2005, the HRA adopted a resolution approving the establishment ofTIF District No. 1-33. On February I, 2005, the Planning Commission adopted a resolution stating the TIF Plan was consistent with the Comp Plan. One of the required findings by the Council is the "but for" test finding. It is important that the Council feels comfortable with these findings as this is one of the State Auditor's main issues on l<\ City Council Agenda - 02/28/05 . the TIF Reporting Forms. Attached is a "but for" letter from the developer's lender and a "but for" analysis by Ehlers and Associates based developer's estimated construction costs and proposed lease rate compared to industry lease rate standards. Complete site or building plans have yet to be submitted to the City and the Planning Commission will consider approving a Conditional Use Permit to allow loading dock doors to face Edmonson Avenue on March I. The Council can approve the said resolution as TIF District No. 1-33 will not be certified at the County until after the CUP is approved and the building and site plans approved. CLOSE PUBLIC HEARING After closing the public hearing, please consider the following alternative actions relating to the establishment of TIF District No. 1-33. B. Alternative Action: I. A motion to approve a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and establishing TIF District No. 1-33 therein and adopting a TIF Plan therefor. . 2. A motion to deny approval of a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and establishing TIF District No. ] -33 therein and adopting a TIF Plan therefor. 3. A motion to table any action. C. Recommendation: As the proposed project meets the TIF requirements of the Minnesota Statutes and encourages local economic development, the City Administrator and Economic Development Director recommend alternative no. ]. D. SUDDortiul! Data: Overview ofTIF District No. ]-33, public hearing notice, "but for" test findings, and copy of the resolution for approval. . 2 ~C) Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Monticello - Tax Increment Financing District No. 1-33 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for T[F District No. 1-33. !\IIore detailed information on each ofthese topics can be found in the complete TIF Plan. Proposed action: Redevelopment Project: Type of l' IF District: Parce I N um bel': Proposed Development: Maximum duration: Estimated annual tax increment: Proposed uses: Form of financing: Administrative fee: [nterfund Loan Requirement: Estab[ishment of Tax Increment Financing District No. [-JJ (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Adoption of a Redevelopment Plan Modification for the Central Monticello Redevelopment Project No. I. (The Modification is to include the project activities anticipated in the District.) An econom ic development district [55-0 18-002 I 20 The District is being created to facilitate construction of a 25,000 s.f. addition to the existing approximate 60,000 s.f. industrial building for Strategic Equipment & Supply Corporation. The duration of the District will be 8 years trom the date of receipt of the first increment (9 years of increment). The date of receipt of the first tax increment will be approximately 2007. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2015, or when the T1F Plan is satisfied. Up to $1 8,299 The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Site Improvements/Preparation ...................................... ..$1 02,700 Interest......... ............................................. .......................... $40,000 Administrative Costs (up to 10%)........................................$7,300 TOTAL PROJECT COSTS .... .................. .................$]50.000 See Subsection 2-10, page 2-5 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and transfers and bonded indebtedness. Financing will be primarily through a pay-as-you-go note. Up to [0% of annual increment. if costs are justified. If the City wants to pay for administrative expenditures from a tax increment fund, it is recommended that a resolution authorizing a loan from another fund must be passed PRIOR to the issuance of the check. \-8\ . 3 Year Activity Rule (\1'469.176 Subd. 1a) T1F District Overview 4 Year Activity Rule N 469.176 Subd 6) 5 Year Rule (II' 469.1763 Subd 3) . At least one of the following activities must take place in the District within 3 years from the date of certification: . Bonds have been issued . The authority has acquired property within the district . The authority has constructed or caused to be constructed public improvements within the district . The estimated date whereby this activity must take place is February, 2008. After four years from the date of certification ofthe District one of the following activities must have been commenced on each parcel in the District: . Demolition . Rehabilitation . Renovation . Other site preparation (not including utility servIces such as sewer and water) . If the activity has not been started by the approximately February, 2009, no additional tax increment may be taken Irom that parcel until the commencement ofa qualifying activity. Within 5 years of certification revenues derived Irom tax increments must be expended or obligated to be expended. Tax increments are considered to have been expended on an activity within the District if one of the following occurs: . The revenues are actually paid to a third party with respect to the activity . Bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the five year period, or (ii) a reasonable temporary period within the meaning ofthe use of that term under!). 148(c)(I) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund . Binding contracts with a th ird party are entered into for performance of the activity and the revenues are spent under the contractual obligation . Costs with respect to the activity are paid and the revenues are spent to reimburse for payment of the costs, including interest 011 unreimbursed costs. Any obligations in the Tax Increment District made after approximately February, 2010, will not be eligible for repayment from tax increments. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to MS.. Section 469.175, Subd. 3, are included in Exhibit A of the City Council Adopting Resolution. . Page 2 l- 'iSd TlF District Overview . BOUNDARY MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I AND TAX INCREMENT FINANCING DISTRICT NO. ] -33 . . Page 3 1-~3 . '. ~ I ~ ;tin .. - co.,. ..'C < .. - -- " ;J ~ ;J ,. .. ... :: ,. . .. .. . . . "M . . . ~ . :"':" I ,\ , , ,'. \F;"i'/ .':.~. _,. '. ~() '" :l m. ,..' , (.;"'-' " ~. 0 :: - :< :P ::J ::J CD X OJ 0' ::J Cf) - C Co '< .- $'''' ~.j~ . = lQ... N' o cC ;~ <"' 0' ::J ~- 3' O' ; CD ... ~O' .'- ." ,... ,n~.:i: II".!. ~...- :if:g. '1:....! --. " . . -. ". '!'". ..... ,0 . 1 ~.- J ..0.__ " . 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NOTICE OF MEETING SILVER CREEK TOWNSHIP Silver Creek Township will be holding a Board of Audit Meeting for 2004 on February 22, 2005 at 6:30 p.m. -Bandy Forsman, Clerk (Feb. 10, 17,2005) NOTICE OF PUBLIC HEARING CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA NOTICE .IS HEREBY GIVEN that the City Councii of the City of Monticello, Wright County, State of Minnesota, will hold a public hearing on February 28, 2005, at approximately 7:00 P.M. at the Monticello City Council Chambers in City Hall, 905 Walnut Street, Monticello, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 (the "Redevelopment Plan Modification") and the proposed establish- ment of Tax Increment Financing District No. 1-33 (an economic development tax increment financing district) therein and the proposed adoption of a Tax Increment Financing Plan (the ''TJF Plan") therefor (the Redevelopment Plan Modification and the TrF Plan are referred to collectively herein as the "Pans"), pursuant to Minnesota Statues, 469.001 to 469.047 and Sections 469,174 to 469.1799, all inclusive, as amended. Copies of the Plans are on file and available for public inspection at the office of the City Administrator at City Hall. The property to be included in Tax Increment Financing District No. 1-33 is locat- ed within Central Monticello Redevelopment Project No. 1 and the City of Monticello. A map of Central Monticello Redevelopment Project No. 1 and Tax Increment Financing District No. 1-33 therein is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No. 1':'33 may be spent on eligible uses within the boundaries of Central Monticello Redevelopment Project No. 1. . CENTRAL MONTICELLO RE.llEVill.Of'MENT PROJE.'{.T AlUlA AmeX{l{Jon SllJl.Jy City 01 MDfl(ice!kl ..""'""'"'c.....,.....t_* T/JI rS(");IQl~7: l'HIM"'l:lIG ~ls1'li'L<'"l: lW. l-Jl. :-iiAbllnn"~iiif . iJLl' P.'\lr.n _____.....,..."" ~ l;;-:;.~7 -Cl'tll...., "//,I.."...~lop....< Hh AU interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. -Rick WoffsteJrer, City Administrator (Feb. 17, 2005) LV'-'I"\IIUI APPlICAI Written ar desiring to be Note: Dee denial of the p.m., at the {\, -Fred Pat< (Feb. 17, 24, : Notice is h Planning Com consider the f( PUBLIC Hi anow loading l LOCATION Monticello APPlICAN' Written anc desiring to be Note: Decl denial of the C p.m., at the Me -Fred Patct (Feb. 17, 24, 21 Notice is he Planning Comn consider the fol PUBUC HEI Development ~ Poplar Hill, are: home units al' (Agriculture-OpE (Medium Densit LOCATION: ' Map and cor APPLICANT: Written and l desiring to be hE Note: Decisi, denial of the Cit p.m., at the Man -Fred Patch, (Feb. 17, 24, 20C TO WHOM IT MI Notice is here Council Chambel ing of an improVE partial access inl separated, fOldS( bridge carrying C and loops, widen and 1-94, installat CSAH 75, CSAH tion of storm wate other necessary i 429.111. TheC, for the notifjcatior posed to be asse includes property Macarlund Plaza c: The estimated to be heard with re Ing. Written and 0 -Rick WolfsteUE (Feb. 17, 24, 2005) 1-8(0 . . . . APPENDIX F BUT/FOR QUALIFICATIONS Current Market Value - Est. New Market Value - Est. Difference Present Value of Tax Increment Difference Value Likely to Occur Without Tax Increment is Less Than: 1,871,900 4,493,800 2,621,900 98,515 2,523,385 2,523,385 More information to be added prior to the public hearing APPENDIX F-I l-g-l . . . o :E LLJ :E EHLERS & ASSOCIATES INC To: Ollie Koropchak, City of Monticello Mark Ruff February 10,2005 But For Analysis for TlF District] -33 From: Date: Subject: We have reviewed the building owner's pro fonna from January, 2005 which demonstrates the effect ofrenting a portion of the existing H-Window building and constructing an additional 25,000 s.f. for a new tenant. It is our understanding that the tenant will be renting 40,000 total s.f. of office/warehouse for $5 per s.f. of building. The rental rate does not include the property taxes, which means that the owner is responsible for the costs. According to the building owner's pro forma, even with the assistance the project will be a negative cash flow for at least 5 years because of the cost of debt, the costs of the existing building, and the cost of taxes for the building. We have surveyed other cities with similar size and proximity to the metro area. It is our understanding that market rents for this type of development are approximately $5 to $6 per s.f. as a triple net lease (in which the tenant pays all of the taxes and operating expenses). Attached is an analysis which shows a simplified view of the assistance for the expansion only. lfwe assume that the project would be estimated to cost $1,479,365 (including land value) and a loan for 20 years were at 80% of value, the required equity would be S295,873. Assuming that the rental rate were $5 triple net, the return on equity would be 2% without TlF and 8% with TlF. Generally, the analysis shows that the cost of the building is higher than the area rents can support. The choice for the HRA is to provide some level of assistance for the project now or to wait until the market rents catch up to the cost of building a new building. We certainly recognize the building owners difficulty in renting the remaining 15,000 s.f. of the existing building and it should be a factor in the HRA' s decision on assistance. However, these circumstances are not typically included in a standard "but for" analysis for a T1F assistance package. LEADERS IN PUBLIC FINANCE I 3060 Centre Pointe Drive Rosevllle, MN 55113-1105 Phone,651-697-8505 Fax' 651-697-8555 mark@ehlers-inc.com 1-8~ . It is our recommendation that the tenn of assistance is tied to the tenn ofthe lease. If the lease were to be shortened and the rental rates raised, it would follow that the HRA should have an opportunity to review the need for TlF at that time. . . I-~ 25,000 1,300,000 179 ,365 1,479,365 . New Buildin9 1-33 TIF But For Analysis . . s.t. Building Cost Land Cost Total Cost Mortgage Equity Rent: Income Broker/Misc. Debt Return on Equity Annual TIF Return on Equity 52 per s.t. 2.1 acres at $2/s.1. 1,183,492 295,873 5 per s.f. triple net (without taxes or maint:) 125,000 -13.500 -104.864 per year for 20 year loan at 6.2% 6,636 2% without TIF 17000 8% with TIF I_qa .STEARNS .. Bank NA-ST.CLOUD We Get the Job Done! 4191 2nd St. S. + St. Cloud, MN 56301 . www.steorns-bank.com 320-253-6607 or 1-800-320-7262 . Fax: 320-253-3051 + Member FDIC. , :i~\::0';; . ~.ifff:t::::;:.<;, February 7,2005 Ms. Ollie Koropchak City of Monticello 505 Walnut St. Monticello, MN 55362 RE: Tapper's Holdings, LLC Dear Ms. Koropchak: . This letter is to inform you that Steams Bank considers the proposed TIP Financing and City Loan an integral part ofthe financing for the proposed expansion ofthe building owned by Tapper's Holdings, LLC, located at 1324 Oakwood Drive E, Monticello, MN. Stearns Bank does not consider the project viable without the proposed TIF Financing and City Loan, ' Please feel free to contact me at 320-202-6132 with any questions, 1- SincereI1,.0/ ",.' /// /'~ . '/ /. , ! 1'"... . ./- ~./ ,/ " "I' ,,"."/U~'/~,~ " ~/f:;;Ot --- Steve Domine Senior Vice President l-Q.\ SMD/ke . Stearns Bank Locations: Albany'. MN . Edina, MN . Evansville, MN . Holdingford. MN . St. Cioud, MN . Upsoia, MN . Scottsdale, A1 l-C{ d- . CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-33 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: Section I. Recitals. . 1.0 I. The Monticello Housing and Redevelopment Authority (the "I'IRA") has heretofore established Central Monticello Redevelopment Project No. I and adopted the Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I (the "Redevelopment Plan Modification") and establish Tax Incrcment Financing District No. 1-33 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TlF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Scctions 469.174 to 469. 1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Wright County and Independent School District No. 882 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolulion. The Council hereby confirms, ratifies and aclopts the Reports, which are hereby incorpo,>atecl into and made as fully a part of this resolution to the same extent as ifset forth in full herein. . 1.05 The City is not modifying the boundaries of Central Monticello Redevelopment Project No. I but is, however, modifying the Redevelopment Plan therefor. . . . 1.06. The City Council has reviewed a Contract for Private Redevelopment, dated on or after February 28, 2005 ("Contract") between the HRA and Tapper's Holdings LLC (the "Redeveloper") which agreement includes a "business subsidy agreement" as defined in Minnesota Statutes, Section 166J.993 to 116.1.995. Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 1-33. 3.01. The Council hereby finds that the District is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed developmcnt after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole: and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole. for the redevelopment or development of the District by private enterprise. 3.03. The Council further finds. declares and determines that the City made the above findings stated in this Section and has set fo]1h the reasons and supporting facts for each determination in writing. attached hereto as Exhibit A. Section 4. Pub I ic Purpose 4.01. The adoption of the TIF Plan conforms in all respects to the requirements of the Act. The TIF Plan will enable redevelopment of an area which is underutilized to provide employment opportunities, improve the tax base, and improve the general economy of the City and State. The City expressly finds that any private benefit to be received by developers is incidental, as the assistance is only provided to remedy the conditions that impair the development potential of the site. That is. the tax increment assistance is necessary to produce the public benefits described above. Therefore, the City finds that the public benefits of the Plans exceed any private benefits. Section 5. Approval and Adoption of the Plans. 5.0 I. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Executive Director of the HRA. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate. draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Wright County is requested to certify the original net tax capacity of the \-C\3 . . . District as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased: and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all propelties within the District for which building permits have been issued during the 18 months immediately preceding the adoption ofthis resolution. 5.04. The City Administrator is further authorized and directed to file a copy oflhe Plans with the Commissioner of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. 5.05. The City Council approves the Contract including the business subsidy agrecment contained therein, in substantially the form on file in City Hall. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: February 28, 2005 ATTEST: Clint Herbst. Mayor Rick Wolfsteller, City Administrator (Seal) [ -q '-\ . . . EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. ]-33 (TIF District No. ]-33) as required pursuant to A1.S.. Section 469.175, Subd. 3 are as follows: I. Finding that the TlF District No. 1-33 is an economic development district as d~fined in 1',1.8., Section 469.174, Subd. 12. Factual basis: TIF District No. ]-33 is a contiguous geographic area within the City's Central Monticello Redevelopment Project No.1, delineated in the TIF Plan, for the purpose of financing economic development in the City through the use of tax increment. TIF District No. ] -33 is in the public interest because it will facilitate construction of a 25,000 s.f addition to the existing approximate 60,000 s.f industrial building owned by Tapper's Holdings LLC to be rented to Strategic Equipment & Supply Corporation \\'hich \-vil] discourage commerce, industry, or manufacturing frol11 moving their operations to another state or municipality, increase employment in the state, and preserve and enhance the tax base of thc state. J Finding that the proposed development, in the opinion of the City Council, would not reasonahly he expected to occur solely through private investment within the reasonahly foreseeable future and that the increased market value of the site that eould reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result fi'om the proposed developmel1l L~fier subtracting the present value of the prqjecled tax incrememsfor the maximum duration ofTlF District No. 1-33 permitted hy the TlF Plan Factual basis: Proposed development 1101 expected to occur: The proposed development consists of an approximately 25,000 square foot addition to an existing vacant building in the City. Tapper's Holdings LLC, the developer of the site, has submitted a pro forma to the City demonstrating that the development of this site is not financially feasible without the assistance provided in this plan. No higher market value expected: As the basis for the second part of this finding, the City notes that the existing building has no other conceivable use other than a distribution facility. No other use of the property has been proposed. Further, while it is possible for the property to be purchased by another user as is, there is no reasonable expectation that another user would expand the facility as proposed by Tapper's Holdings LLC. In fact, it is far more likely that another buyer would simply acquire the property and make minor improvements, if any. Also, any proposal to expand the facility would likely require assistance similar to that requested by Tapper's Holdings LLC. Lastly, the estimated increase in market value is higher than what can be expected given the current zoning of the site (See Memo attached as Exhibit F of TIF Piau). Therefore, the City reasonably believes that, without public assistance, little or no market value increase is expected for this property. To summarize the basis for the Cit.y1s findings regarding alternative market value, in accordance w"ith Minnesota Statutes, Section 469.] 75, subd. 3(d), the City makes the following determinations: 'l-QS a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. . b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately S750,000, including the value of the building addition and increases in market value of the existing building that are expected along with thc addition (See Exhibit 0 ofTIF Plan). c. The present value oftax increments from the District for the maximum duration ofthc district permitted by the TIF Plan is estimated to be no more than $100,000 (See Exhibit 0 ofTIF Plan) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $650,000 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Planfi)r TIP District No. 1-33 conforms to the general plan fi)r the development or redevelopment of the municipality as a whole. Factual basis: Thc Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the l1F Planfor TIP District No. 1-33 will afford maximum opportunity, consistent with the sound need, of the City as a whole..!or the development of Central /vfol1licello Redevelopment Project No. I by private enterprise. Factual basis: The proposed development is a ncw distribution facility to be constructed as an expansion of an existing manufacturing facility in the Project manufacturing facility that is expected to create 40 ne\v jobs. plus create substantial new tax base for thc City and the state. Thc dcvclopment c1carly meets the City and 1-IRNs . economic development goals in terms of land usejob creation, and \\'age levels. . '""I -q lo Council Agenda - 2/28/05 8. Conduct the Extended Public Hearinl!:. Order the Proiect. and Authorize the PreDaration of Plans and SDecifications for the Extension of 7th Street from St. Henry's Church to CSAH 18 and Construction of Hil!:hland Wav from 7'h Street to CSAH 75 (City of Monticello Proiect No. 2004-02C) (WSB) . A. REFERENCE AND BACKGROUND: The City Council continued the public hearing for the above-referenced project on February 14,2005 and requested that WSB analyze the addition of the River Wood apartment building located in the northwest quadrant of the CSAH 39/CSAH 18 intersection, with the traffic signal assessment for the proposed signal at Highland Way and CSAH 75. Assessments to the apartments were not initially proposed, however, the apartments in question are zoned non-residential, and therefore, have been added to the assessment roll. It was estimated that 50% of the apartment trips would utilize the CSAH 18 signal and 50% would utilize the proposed Highland Way signal. As a result, based on trip generation rates, 81 vehicles per day would utilize the proposed traffic signal. This would account for 0.8% of the estimated total trips per day, resulting in a proposed assessment of$599.08, as shown on Table IA and Figure 6A. The total assessment for the benefited properties in this area was not changed, so we have provided a revised allocation of the proposed assessments. The following agenda item was included in the February 14,2004 City Council packet to provide additional background information for the entire project: . The feasibility report for strect and utility improvements for the extension of 7th Strect from its termination at St. Henry's Church to CSAH 18 and Highland Way from 7'h Street to CSAH 75 was approved at the January 24, 2005 City Council meeting. These improvements are associated with the proposed CSAH 18/1-94 Interchange project. 7[h Street is identified as a collector route relieving tramc on CSAH 75 in the Monticello Transportation Plan. These proposed roadways are to be located within the Bondhus and Dahlheimer properties (proposed Monticello Retail Center) from St. Henry's Church to CSAH 18. The roads will provide access for the proposed Ryan development (Monticello Retail Development) on these two properties. The construction of Highland Way includes a crossing at the BNSF railway to CSAH 75. A traffic signal is proposed at the intersection ofCSAH 75 and Highland Way and is included with the project improvements. The estimated project cost totals $2,624,080. Substantial completion of the street and utility improvements is anticipated to be completed by November 2005, with Ryan Companies completing grading of the site by July 15,2005. It is anticipated that the BNSF railroad crossing improvements at Highland Way will be completed by the railroad this summer. . The project is proposed to be largely funded through special assessment agreements with Ryan Companies, the developer for the Monticello Retail Development. Trunk storm sewer costs are proposed to be funded by the City's trunk storm sewer fund. Project costs associated with the construction of the traffic signal at CSAH 75 and Highland Way are proposed to be funded through special assessments to the adjacent benefiting property owners using 25% of the total cost and spread using estimated trip generation for all benefited properties. A request will be made to Wright County for a 50% contribution for the traffic signal in accordance with their funding policy. r'I"'''''I/lw",~fpr{)(:,!()(J5 ('''III,,-il Af!~",lulh!"-11)1!5"1-2>i-(!5-lh .\"1 f'l/b/h: Hmrillg-02181J5.,lm; crr Council Agenda - 2/28/05 The proposed funding will include the following: . . Ryan Development.........................$2,054,345 (paid with Developer's Agreement) . Property Owners North ofCSAH 75 ..................$31,014 (see attached breakdo'.'.ll) . Wright County ............................................................................................$15 I ,360 . Stormwater Trunk Fees...............................................................................$1 91 ,700 In accordance with Minnesota Statute 492, in order to bond for this project the City Council must hold a public hearing prior to the contract award and also conduct an assessment hearing at the completion of the project. The Council should direct staff to provide a presentation of the project, take questions from the Council, open the public hearing to listen to public comment, close the public hearing, and then take action. The anticipated project schedule is as follows: . Plans approved for bidding ............................""... June 13,2005 . Project a\vard .........................................................luly 11, 2005 . Start construction .......................".......................... July 15,2005 . Substantial completion...................................November L 2005 . Storm connection cornplete..........................November 30, 2005 . Final lift ofasphalt.................................................July 16,2006 . 1000/0 Cornplete........."........."................................July 16,2006 B. ALTERNATIVE ACTIONS: 1. Conduct the public hearing, order the project, and authorize the preparation of plans and specifications for street and utility improvements for 7th Street and Highland Way subject to the developer upfronting the necessary funding for preparation of the plans. . 2. Do not authorize any work at this time. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: Table 1 - 25% Assessment Scenario wlo Apartments Table IA - 25% Assessment Scenario wi Apartments Figure 6 - Estimated % of Trips to Signal wlo Apartments Figure 6A - Estimated % of Trips to Signal w Apartments . 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WSB ~A"'!f1U"Soml1.Suile300 t.lin~...MN5fiol16 """'_\t.!bllng..:am &A.",eiale.',/"". PROJECT LOCATION 7th Street and Highland Way Street and Utility Improvements Project for the City of Monticello MN WSB Project No. 01627-02 Date: January24, 2005 t Figure Number 6 " 'I>>i'_."'MJ.~1,11OO 1ft.lll'Jl.lCT\'__'l'I.AIIM!OCI'CONSflIlUC11QfI <6- t01 Estimated % of Trips to Signal _90% _50% .. 75% 37% Area Subtracted from Total Acerage Parcel 10 . WSB ~'i:~ueSoUIh,SUi\9J(1(1 Minn.""I,lN55416 """'ltSb8ng.com "'A''''K."Wl'',J"" .._713-111-1800.'..7&>\<1_1100 ~'_,lUIIINQ,CCIIIDUC1lDOl PROJECT LOCATION 7th Street and Highland Way S[reet and Utility Improvements Project for the City of Monticello MN WSB Project No. 01627-02 Date: February 22, 2005 * Figure Number 6A '?- 1021 . . . Council Agenda - 2/28/05 9. Consideration of authorizinl! the Park DeDartment to l!0 ahead with the DreDaration of conceDt Dlans for the Ellison Park bathrooms. (AH) A. REFERENCE AND BACKGROUND: For some time the Parks Commission and staff have been discussing the condition of the restrooms at Ellison Park and the need to do something with them. On December 12,2004 the Parks Commission was briefed on costs to replace the existing bathrooms and the structure options. The Commission moved to proceed with structure replacement using companies such as CXT that produce precast buildings as a resource for concept plans. The concept plans would be the basis for the specifications for when this project is bid. Funds have been budgeted for this improvement. However, given the fact that there is not an approved purchasing policy in place, it is my understanding that any request like this needs to come before the Council for approval. B. ALTERNATIVE ACTIONS: I. Authorize staff to proceed with preparation for concept plans for the restrooms for Ellison Park. 2. Do not authorize preparation of concept plans for the Ellis Park restrooms. c. STAFF RECOMMENDATION: It is thc recommcndation of the Parks Commission and the Park Superintendent that the City take the necessary steps to proceed with the eventual replacement of the restrooms at Ellison Park. Preparation of the concept plans would be the first step in that direction. D. SUPPORTING DATA: None \03 City Council Agenda 02/28/05 . 10. C'onsirl{>r~tion to rlisC'lIss ancl icl~ntif}T 9 C.OIlTlriI.f': of ::It'ti,..." for continll9tion of Hf':9rthlnrl K'pre<s pnhlic tr9nsit service for 200" 9ncl 2006 UO/AS) A. RFFFRFNCF City staflis requesting that the City Council re-examine the options for continuation of Monticello's public transit system. As the Council is aware, Monticello Heartland Express is currently a one bus "dial-a-ride" system serving the city limit area. Prior to the grant writing process for the 2005 Budget and Transit Assistance Grant Application, Mn/DOT indicated to the City that funding would not continue without an administrative commitment to the system. For 2004, the grant accounted for approximately 70% of the system's total funding. Two options for meeting the administrative requirements were outlined at that point. The first was to hire a dedicated transit coordinator to administer the system. The second was a merger of Heartland Express with RiverRider Transit, which serves Wright and Sherburne County. The merger option was developed due to the increasing time and funding demand of running a single- bus system. The merger had the full support of the Minnesota Department of Transportation and RiverRider's Joint Powers Board as it was seen to be the most efficient, cost-effective option for providing transit not only to Monticello, but the region. . The City held two public meetings to gather input from the community on the merger idea. The primary concerns were regarding the system's driver and the continuation of a similar level of service. Staff is fairly confident that the majority of citizen concerns were addressed through a pamphlet that was put together for citizen reference. After discussion, the previous City Council voted to hire a transit coordinator. Merger discussions were discontinued and the City proceeded to go out for and award a bid for 3rd party transit contract services for 2005. At this time, a transit coordinator has not been hired. Staff felt it important that the new Council have the opportunity to weigh the options and choose a course of action. However, Mn/DOT has indicated that the decision must be imminent and final, or future funding will be in question. There are three primary options for continuation of transit service, all of which have the support of Mn/DOT. They are summarized as follows: Option 1 - Hirp. ::I Trans:it roorrlin9tor The approved 2005 budget for Heartland Express already includes funding to hire a 3/4 time Transit Coordinator. Mn/DOT required that this person be dedicated to transit for . \ 0'1 . City Council Agenda 02/28/05 that time and handle dispatch responsibilities. Attached is a budget summary, which outlines the cost to the City to run the system, including the new position. Hiring a coordinator positions the City for future grov,1h of the Heartland Express system, and will help achieve the state's requirement for continuous administrative compliance. The coordinator will work with the 3rd party contractor and Mn/DOT. The City is locked into a contract with Hoglund Transportation for 2005 transit services. Hoglund Transportation has been the 3rd party contractor for the system since its inception, providing the equipment and staffing and experience for the transit system. Gordy Hoglund has indicated that should the City choose to maintain its own system, 3'd party contract costs could be reduced if the City purchased a bus, utilizing state funding. For the City to take part in the state bus procurement system, the state contributes 80%, the City would still need to contribute 20%. The 3rd party contract costs would then only involve staffing and administration for the system. Option 2 1.00<; RiverRiller Aclministration/200/i Full System Merger . In this scenario, the City would coordinate the administration of the system through RiverRider for the balance of 2005, with the understanding that a merger must take place for 2006. RiverRider will not administer the system for 2005 without an assurance from Council that a merger will occur in 2006. Please note that administration and inefficiency of the Heartland Express arc the primary concerns of Mn/DOT. This option solves the compliance issues for the system, and creates a built in efficiency for the future by merging in 2006. It should be noted that this option is not favored by RiverRider and Mn/DOT. The funding for RiverRider's administration of Heartland Express would come from the local share funds that would have gone to pay the transit coordinator. RiverRider's administrator, Chad Gessel, prepared a preliminary cost analysis based on current requirements. The breakout is as follows. Administration . Preparation and submission of monthly reports . System accounting/funds oversight . Drug and alcohol compliance . Preparation of required Transportation Safety Plan . Preparation of information for 2006 merger and grant application In the preliminary summary prepared by RiverRider's administrator, costs per hour for administration are estimated at $28.00. At 15 hours per month, this would represent a $5,040 annual expense. . 2 \oS . . . City Council Agenda 02/28/05 Operations . Coordination of dispatch through 3,,1 Party contractor . Vehicle inspection oversight and reporting . System ridership tracking . Other miscellaneous required/requested system administration Gessel estimates these costs at $18.00 per hour. At 50 hours per month (dispatch accounts for much of this time), this would represent a $10,800 expense. Totaling the operations and administration charges, RiverRider administration for the balance of 2005 would total much less than the cost to hire a transit coordinator. The Citv would still have the 3rd party contract expense. Hoglund's has indicated that they are willin~ to work with whomever administers the system. In terms of budgeting for a 2006 merger, Monticello's annual local share will be determined by RiverRider's Joint Powers Board. RiverRider and Mn/DOT have indicated that the cost is most likely to be less than the City's current local share. For the purposes of grant funding, the City's local share is figured at $13,000, although for 2005, the local share with hiring a coordinator would be about $56,500, not including fuel costs. In approving a merger, RiverRider has stated that there may be an opporllmity to add a Monticello representative to the Joint Powers Board. At the very least, MflfDOT would encourage a Monticello liaison to the Board in 2006. Option", 200"' ritf Arlmini.tr9tion/2006 FilII Sy.tpm Mprgpr In a recent discussion with MnlDOT, District 3 Transit Manager Sue Siemers indicated that MnlDOT would be willing to allow the City to continue the in-house administration of the system, but only under the condition that the City merge with RiverRider for 2006. This is the option favored by RiverRider and Mn/DOT. It does not immediately solve the City's issues with managing the administration load for the system. However, it does create a viable solution for 2006. Additionally, RiverRider has indicated that they are willing to handle larger administrative projects that relate to 2006 merger, induding the preparation of the 2006 grant application and the completion of the federally mandated safety plan. Costs for these tasks have been estimated by RiverRider at $28.00 per hour. Again, local share post-merger would be determined by RiverRider's Joint Powers Board. Please note that in a merger scenario for 2006, MnlDOT expects that a new bus will be required for the RiveRider system. Under the state procurement system, the local share is expected to be Monticello's at approximately $11,000. In summary, each option presents benefits and each option presents concerns. Ultimately, the decision 1 ~ \O~ . . City Council Agenda 02/28/05 will include consideration of the costs to riders and citizens, the growth potential for a transit system, administrative efficiency, service to existing and new riders. However, a decision on a course of action for the system is needed in order to continue to receive funding for 2005. B. Af TFRNAnVF ArnONS I. Motion to authorize staff to prepare ajob description and seek applicants for dedicated transit coordinator for the Monticello Heartland Express system. 2. Motion.to authorize RiverRider Transit to administer Heartland Express for the balance of 2005, in cooperation with the City of Monticello, the 3rd party contractor and MnlDOT, and to authorize a January, 2006 merger of Heartland Express with RiverRider. 3. Motion to continue City administration of Heartland Express for the balance of2005, and to authorize a January 2006 merger with RiverRider Transit, and to authorize limited merger- related administration to be completed by RiverRider Transit. C. ST A FF RFrOMMFNDA nON Staffrecommends alternative 3 above. It is one view that the expanded and more cost-effective service would oJl~set risks associated with loss of a local system. RiverRider's has the ability to adapt to meet the needs of the community's growth and serve the region. Additionally, a merger provides built-in efficiencies in terms of cost. staffing, and administration. Finally, the level of service for transit users in Monticello will meet, and most likely exceed, their current level. D. SITPPORnNr; DATA A. 2004 Heartland Express/RiverRider Merger Discussion - Summary B. 2005 Heartland Express Local Share Budgeting Analysis . 4 \01 . City Council Agenda 02/28/05 2004 HEARTLAND EXPRESS/RIVER RIDER MERGER DISCUSSION SUMMARY Background RiverRider, which operates out of Big Lake, servcs communities within Wright and Sherburne Counties. The system operates on a scheduled dial-a-ride service by which passengers are encouraged to schedule rides at least 24 hours in advance. RiverRider also operates contract routes for schools and employers, known as a "deviated route" system. RiverRider is governed by a joint powers board made up of representatives from both the cities and counties it serves. RiverRider's proximity to the City of Monticello, dedicated work force, knowledge of the transit industry, established route and dispatching system, and established capital make it a logical partnership for the City. Administration State and federal regulations are meant to aid and protect the riders of the transit systems. However, the regulations apply in the same manner to all systems, regardless of size. As such, there is no concession in thc reporting, testing and application process for a small, one-bus system such as Heartland Express. . Compliance with regulations requires a large amount of statTtime in order to track and complete the grant application and multiple reporting requirements. Reporting and tracking has also gotten more complicated and detailed. It is difficult for the City, who uses a third party contractor, to remain knowledgeable on the detailed requirements and policies governing transit systems. RiverRider, as an established transit provider, has dedicated staff well versed in the day-to-day administration of a successful transit system. The staff administrates the transit program "full time", thus they are familiar with the ever-changing regulations related to running a transit system aided by state grant funds. Funding/Budgeting Compliance with regulations is just one issue related to securing state grant funding. Also at issue is the increasing competition for grant funding and the escalating costs relating to transit funds. The funding efficiency of running a single-bus system within an area which could be served easily by another system area should be considered carefully. Other funding issues include the replacement of equipment and designation of marketing funds. As mentioned previously, MnlDoT is encouraging a merger for the purposes of eliminating duplication . 5 \ 0 - lO~ . . . City Council Agenda 02/28/05 within a transit area and increasing funding efficiency. Sue Siemers, the District 3 Transportation Manager (which encompasses both the Heartland Express and RiverRider systems), believes that should a merger take place, MnlDoT would be able to provide assistance in finding funding aid for a new bus. The assistance would lower the funding amount required from the City to replace the bus. Mn/DoT estimates that the City's contribution could be lowered to as much as 20% versus the prospect of funding the entire expense of a new bus. A new bus to serve Heartland Express, if not paid via the operating budget, is estimated at $50,000 to $55,000. Revenues for operating the Heartland Express have decreased in the period from 2000-2003, in part due to a gradual decrease in ridership, while expenses have remained relatively flat during the same period. For 2005, 3rd party contract rates went up over 10%. While the City is hopeful that revenue and ridership could increase with marketing, again, administration of that marketing is an issue. The question to be answered is how a merger with RiverRider would address these issues and what new funding issues would arise out of a merger. In short, the theory of economy of scale is applicable here. It is simply more efficient to be a part of an existing, multi-unit transit system. The benefits reach into each area - including routing, staffing, reporting and fimding. For 2004, the City will contribute approximately $33,000 offimding into Heartland Express. The balance of the system's approximately $65,000 budget is state grant funding, facilitated by Mn/DoT. Should a merger take place, if the City chooses at some point in the future to re-establish its 0\\11 system, the grant funding process through the state will have to begin all over. RiverRider currently operates its system solely through the usc of County, State and Federal funding. However, the joint powers board is examining the option of seeking community funding dollars. In short communities served by RiverRider would contribute funding commensurate with ridership or route distribution. The City could choose to direct an amount of the current Heartland Express funding to the RiverRider system. Those funds would help offset the expected increase in costs to RiverRider associated with a merger of the two systems. Those costs include additional staffing, administration and operation expenses. The amount of funding to be contributed to Ri verRider is at this time an unknown quantity. The actual amount is dependent on the community funding model developed by RiverRider and the outcome of negotiations on that matter. MnlDo T has also indicated that the grant funding dollars that would be forfeited by the City due to the elimination of its system would follow the system and flow to RiverRider. the system would be able to access the funds. RiverRider would be supported in that process by the District Transportation Manager. Ridership and Service Area 6 10- 10"\ . City Council Agenda 02/28/05 Currently, Monticello Heartland Express serves the immediate community of Monticello. The system served approximately 10,500 passengers in 2003, which is a slight decrease from 2002. Riders have the flexibility to contact Heartland on relatively short notice to receive transportation on an on-demand basis. However, the majority of the system users call ahead one or more days in advance to receive transportation. The system is convenient and affordable ($1 or less per ride) and the riders receive exceptional service from the system's dedicated driver. RiverRider serves multiple communities in two counties. In fact, RiverRider runs daily routes going through Monticello and even to destinations within Monticello. Additionally, the system includes a connection from the St. Cloud transit system each day. Reservations for transportation through RiverRider are encouraged at least one business day in advance. Fares vary based on location and destination. Passengers who make appointments in advance are charged $1 per trip, c6nsistent with Heartland Express rates. Reservations are made through a dispatch center, not directly through the bus driver, which is the current process for the Heartland Express system. It also provides efficiencies into routing for the transit system. . RiverRider administrator Chad Gessel has indicated that the merger would include an interim adjustment period. Gessel has encouraged the input of City staff and those with knowledge of the system to provide input on how to make the merger process run smoothly. Riders accustomed to the same day on-demand service would have an opportunity to continue service in that manner, while being encouraged and reminded that after the interim period has passed, only next day service will be guaranteed. Riders will also be encouraged to set up scheduled appointments. Doctor's appointments, pharmacy visits, grocery trips can all still be accommodated, only with slightly more advanccd notice. It should be understood that a merger \vith RiverRider would utilize that system's existing administrative infrastructure - dispatch, routing, etc. Perhaps the most important goal of a transit system is to provide mobility to its constituency. A merger with RiverRider opens up a new horizon of options and opportunities to Monticello residents. Serving both Wright and Sherburne counties and including communities such as Big Lake, Buffalo and Elk River, residents are able to travel farther using one convenient system. This not only offers more flexibility in destination choices for current users, it also creates an opportunity to increase the number of public transportation users from the community. A greater service area realistically equates to increased Monticello ridership. It's a chance for Monticello to invest wisely into transit options that work for the community. Partnerships The City has an important resource in its partnership with Hoglund Transportation, the third-party . 7 \ ~ _ \\ 0 . . . City Council Agenda 02/28/05 contractor operating Heartland Express. Without Hoglund's expertise in the transportation industry, the City would not be able to run a transit system. Hoglund has helped keep operation costs as efficient as possible, has assisted in navigating through the paperwork of running a public transit system and has provided top-notch service to the community. The City should seek to continue a relationship with Hoglund Transportation through partnership for community events. Walk and Roll and RiverFest have been beneficiaries of a dedicated community transit system, utilizing the bus during both events. A potential merger is an opportunity to work with other communities in the county and beyond on public transit options. The Minnesota Department of Transportation has made it clear that they are encouraging the merger. In fact, due to the sheer work load of administering a one-bus system, Sue Siemers has indicated that she is unable to support Monticello as a recipient of state grant funding for 2006, without a dedicated administrator for the program. This implies significant increase in funding from the City and an addition of an employee familiar with transit operations. The City's relationship with MnlDo T would be far better served through completion of this process. Summary OveralL a merger creates a much more stable cost for transit service. In fact, it is most likely that a merger would cost less than operating the current Heartland Express system. Additionally, RiverRider and MNDoT have indicated that Monticello's transit service hours (currently 2300 hours per year) would be accommodated. RiverRider employs a well organized and safe dispatch system. The an10Llllt of City staff time spent on administering the system greatly decreases, as staff no longer is involved with the detailed process of grant applications, monthly reporting, and drug and alcohol regulations. As Monticello grows, so does the need for a transit system that can evolve with the community. RiverRider's resources make it a viable option for partnership today. The system's existing resources put it in a better position to flex to meet the needs of future growth. RiverRider has the opportunity to add more buses, establish dedicated routes, develop more options for funding, and to provide links to other regional transportation systems. Most importantly, a merger with RiverRider provides the citizens of Monticello with an opportunity for an enhanced and expanded transportation to serve their needs. Aliliough the merger will result in some loss oflocal control, the merger of Monticello Heartland Express with RiverRider will provide the citizens of Monticello with a more efficient and effective form of public transit. 8 teJ-\\\ . . . 2005 Heartland Express Local Share Budgeting Analysis OPERATING EXPENSES Personnel Transit Coordinator 1560 hrs (75% time) $15.89 ~ Senior Finance Assistant 25 hrs. @ $23. 75 ~ Community Development Assistant 50 hrs. @ $15.89 ~ Receptionist 80 hrs. @ $1 ] .60 ~ Fringe Benefits 20% of total wages above = Contract Services' 2300 hrs. x $30.28 = Percentage increase for two years (6% estimated) Dispatch (6% estimated) Transportation Conferences/Subscriptions (includes reimbursements from state) Transportation Coordinator Supplies/Software Advertis i ng/Marketin g Fuel CAPITAL EXPENSES Transit Coordinator Computer Radio/Dispatch Subtotal Subtract 2005 Budgeted Fare Revenue Subtract 2005 Budgeted 2005 Advertising Revenue TOTAL SYSTEM EXPENDITURES Maximum Grant from State in 2005 $ 24,788.40 593.75 794.50 928.00 5,42093 71,093.00 200.00 ] ,500.00 1,500.00 6,325.00 $ 2,500.00 3,000.00 S 118,644,00 (12,425.00) (720.00) (48,958.00) * The City's contracted hourly rate with Hoglund Transp0l1ation is $30.91. City staff had estimated 2005 contract costs at $30.28 for grant application purposes. The $30.91 rate is a ]4% increase in basic hourly contract rates over 2004. This rate does uot include fuel, which is an extra cost. REYENUE INFORMATION The budgeted fare revenue for 2005 is $]2,425.00, which included increased ridership due to system improvements and marketing efforts by Transit Coordinator, as well as a rate increase for same day service and bus pass books. I 0 ~ t\ d. . Council Agenda - 02/28/2005 11. Consideration of renewal of contract for mowiDl! with Carefree Lawn Service. Inc.. (1.S.) A. REFERENCE AND BACKGROUND: Carefree Lawn Service began contract mowing and landscape maintenance services for the City of Monticello in 1995. Their first contract including mowing, litter pickup, trimming of weeds, hedges and bushes, and fall cleanup at the Monticello Library, Hi- Way Liquor and the Monticello fire Hall, as well as performing nuisance mowings of various properties around the city as directed by the building department. Prices obtained for the first bid in 1995 were very attractive with the cost of mowing, weeding, trimming, debris pickup and disposal at the library, liquor store and fire hall for a mere $30 per time. In 1996 Carefree La,>,'Il Service won the bid again carrying the same prices over from the previous year. In 1997 the City added the mowing of Riverside Cemetery to the specifications for our mowing contract and Carefree won that contract again in 1997, carrying through the same prices from 1995 for maintenance at the library, liquor store and fire hall. The bid for mowing Riverside Cemetery at $525 per time was slightly less than Carefree was charging the Masonic Lodge for mowing the cemetery which they had been doing for two years prior to the City taking over the cemetery. . In 1998 Carefree Lawn Service proposed a two year extension of their contract mowing without increasing any rates. Since Carefree had been doing a good job for the City of Monticello with few overall complaints, the Council chose to extend the contract at the original rates for the 1998 and 1999 season. In January of2000 Carefree Lawn Service proposed a five year contract for lawn service running through the end of the 2004 season with the new contract not subject to any price increases, many of these prices dating back to 1995. Based upon the long term contract and the frozen prices and the satisfaction of the work performed by Carefree Lawn Service, the City Council extended the contract for an additional five years. At the completion of the new wastewater treatment plant in 1998, Professional Service Group, our contract operator, began contracting with Carefree Lawn Service to mow the grass at the wastewater treatment plant which included litter pickup, weeding and occasional fertilizing. The City took over payment of this contracted mowing service for the WWTP to avoid the pass-through add on costs from PSG. The new portion of the WWTP had not been added to PSG's contract, so this should be incorporated into our next mowing contract with a mowing company. The current costs for that mowing service is $ 852.00 per month (5-6 months per year) and the fertilizing is $ 515.46 (minimum twice per year) per time. \\3 . Carefree La'>"I1 Service has recently proposed a three year contract renewal beginning in April of 2005. They have proposed a 3% increase in rates. Many of these rates have been in effect since 1995. If approved the contract would freeze those rates for the next three years, the life of the contract. We have included in your agenda packet a copy of the request from Carefree Lawn Service . . . Council Agenda - 02/28/2005 B. AL TERNATIVE ACTIONS: I. The first alternative would be to accept the offer from Carefree Lawn Service to extend the existing contract for the next three years beginning April 2005, with a 3% increase on the existing contract rates to be cffective for the full three years of the contract until April 2008. Approval would be based upon benefit to the City of having a locked in price for three years that had only escalated in cost 3% over the past thirteen years, and the premise that Carefree Lawn Service has performed satisfactorily mowing services for the City for the past ten years. 2. The second alternative would be to request City Staff to draw up new mowing and lawn maintenance bidding specifications and re-bid a three year fixed contract for mowing serVIces. C. STAFF RECOMMENDATION: The offer from Carefree Lawn Service is very attractive with only a 3% increase and that price fixed for the next three years. Such a small increase is attractive especially when we know what the fuel costs and equipment costs and even labor costs have done over the past several years. In addition, Carefree has performed satisfactorily their mowing services and 1a\~TI care maintenance services for the City with few complaints over the past ten years. There certainly is enough reasons to warrant choosing alternative #1 and rencwing the contract for another three years. The City has a track record of doing this with our WWTP contractor, garbage services, etc. The other side of this is there may be other contractors wanting to get a chance at the mowing services for the City who mayor may not be able to do quality work at a lower price than Carefree Lawn Scrvice and lock it in for three ycars. While there are unknowns in using a new contractor and the time and effort it takes for him to get to know the Riverside Cemetery and grounds that must be maintained, are we obligated to seek bids every few years when service is economical and satisfactory? Since the Council may already have some plans for this contract, City Stail' feel that we will leave this decision in your hands and will only give a recommendation if directly requested. D. SUPPORTING DATA: Copy of February 14, 2005 request for renewal of city contract from Carefree Lawn Service; Copy of the last five-year contract with Carefree LawTI Service and specifications and related data. '\\~ . . . CAREFREE LA WN SFR VICE, INe. PO BOX 1038 ivfONTfCELLO, iviN 55362 February 14,2005 City of Monticello Public Works Dept Attn: John Simola, Public Works Director 909 Golf Course Road Monticello, MN 55362 RE: Renewal of City Contract I am requesting that you consider a contract renewal for the next three years beginning April 2005. I am proposing a 3% increase in the rates that have been effective since June 1995. If approved, I would guarantee the rates for the next three years. I feel that my increase is warranted as my rates have remained constant for almost ten years despite increasing operational costs. I value your business and look forward to the opportunity to serve you again in the future. -----...... James W. King .~ Owner . ...... ._--~-- \ \ . \ \S . Carefree Lawn Service, INC. PO Box 1038 Monticello, MN 55362 TO: John Simola Roger Mack Greg Engles City Council Members DATE: January 18, 2000 RE: Extension of City Mowing Contract At this time I would like to propose a five-year contract for lawn service for the City of Monticello. The contract that I am proposing would expire at the end of the season in 2004 and would not be subject to any price increases; the prices that were agreed upon for the 1997 lawn season would remain in effect throughout the course of the new contract. . Over the last five years that I have held the city contract my crew and I have made every effort to perform top quality work. I can assure you that quality is very important to me and I will make every effort to ensure your satisfaction as well as my own satisfaction in the work performed by my crew and myself. Not only is the quality of our work important to me, but I also pride myself on the fact that I try to minimize price increases unless absolutely necessary. Over the last five years I have performed the services at what I would consider a fair price, without any added price increases. We ha.ve had one discrepancy over the past few years that comes during Memorial Day weekend. We normally mow the cemetery 6-7 days prior to the weekend, should you decide to accept this proposal, we will make sure the cemetery is mowed Thursday prior to Memorial Day weekend as requested by the City of Monticello. If rain is forecasted than it will be done either on Wednesday or Friday. I would greatly appreciate your consideration in this matter. Should you have any questions, please contact me at 263-8866. Sincerely, /~ \,--_.j,./?"{~~./t; James W. King Owner . S0\ , _II \0 ~ ~ . . . 5M. '--(.I1\.\1~..J i . -cox~~~ Councll Agenda - 2/14/2000 ' Consider'ation of contract extension with Carefree Lawn Service for mowing services. (J.S.) €~J A. REFERENCE AND BACKGROUND: Carefree Lawn Service, Inc. has been doing contract mowing for the city of Monticello since 1995. The city uses contract mowing for nuisance violations of the city ordinance, to mow Riverside Cemetery, the Monticello Library, Hi-Way Liquor, and the Monticello Fire Hall. The costs of mowing under the contract have been relatively economical for the city in that we pay only $30/each for mowing of the library, Hi-Way Liquor or the fire hall. The cost to mow Riverside Cemetery is $525 per time. Carefree Lawn Service has performed quite well over the past several years. The only problems we have ever had with them is the timing of mowing Riverside Cemetery prior to Memorial Day weekend. We would like it mowed just prior to the Memorial Day weekend on Thursday or Friday, and in the past on a couple of occasions it has been mowed a week ahead of time. This was done to avoid having to mow around the memorials and flowers, etc. which start to show up the Friday prior to Memorial Day. James King, the owner of Carefree Lawn Service, has sent us a proposal to extend the contract for a period of five years, through the end of the 2004 season. He would keep the same rates bid in the 1997 contract and will add to our contract that Riverside Cemetery be mowed within two days ofthe Memorial Day weekend (Thursday or Friday) unless weather conditions prohibit this. A copy of the rate structure is included for your review. B. ALTERNATIVE ACTIONS: I. The first alternative would be to authorize a contract extension for a period of five years with Carefree Lawn Service, Inc., based upon the rates in effect for the last contract. 2. The second alternative would be not to extend the contract for a period of five years but to extend it for a lesser number of years. 3. The third alternative would be not to extend the contract. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Public Works Director and Park Superintendent that the City Council extend this contract for a period of five years as outlined in alternative # 1. It is not often that we can lock in rates for long periods of time for any services. D. SUPPORTING DATA: Copy of letter from Carefree Lawn Service requesting a contract extension; copy of rates from the last contract. \\ -t\\ . . . 8. Council Meeting - 2/14/00 (~~ J. Consideration of minor modification of the wastewater treatment plant's NPDES permit for wastewater discharge to the Mississippi River. Recommendation: Approve the minor modification of the NPDES permit as requested by the Minnesota Pollution Control Agency. K. Consideration of adopting a resolution for decertification of City TIF District #1-1. Recommendation: Adopt a resolution approving the decertification ofTIF District No. I-I of the City of Monticello. RES. NO. 2000-10. L. Consideration of appointments to DA T. Recommendation: Approve appointment of Gail Cole, Ron Hoglund, Mike Cyr and Amanda Gaetz to DA T for a two year term expiring January 2002. M Consideration of renewal of contract with Carefree Lawn Service. Recommendation: Approve authorization of a contract extension for a period of five years with Carefree Lawn Service, Inc. based upon the rates in effect for the last contract. ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 6. Consideration of items removed from the consent a!!enda for discussion. None 7. Consideration of review of 3'" quarter and vear end liquor store financial report. Liquor Store Manager, Joe Hartman was present at the meeting to review with the Council the financial report for the liquor store. Mr. Hartman indicated that the growth in sales has continued into the new year. He also pointed out that there will need to be some expenditures for a computer system upgrade for the liquor store. BRUCE THIELEN MOVED TO ACCEPT THE THIRD QUARTER AND YEAR END LIQUOR STORE FINANCIAL REPORT AND TO HAVE THE LIQUOR STORE MANAGER WORK WITH CITY STAFF ON THE COMPUTER SYSTEM UPGRADE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. Consideration of resolution receivin!! report and settin!! date for public hearin!! for Chelsea Road West (90'h Street/Sandber!! Road) Proiect 98-25C and Phase I of Groveland Subdivision. Bret Weiss, from WSB reviewed the feasibility report covering construction of Chelsea Road West from 90'h Street to Sandberg as well as streets and utilities for Phase I of the Groveland residential development. He noted that the proposed project includes some utility trunk improvements that will be needed as the area develops. Bret Weiss reviewed the storm sewer , ~ Il -ll~ C:\OfFICE\JOHNIAGREEMTS\MOW2000.CON: 5J2eJ2000 -PAGE1- . ~ ' '~ ~ ~j CJsYdfad-s - CO-ce--f(tt ~LCYl mo..J)\I'5 ' ~CCU MONTICELLO CITY OF MONTICELLO CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE THIS AGREEMENT, made and entered into as of the I" day of May, 2000, by and between the City of Monticello, Minnesota, a municipal corporation under the laws of the state of Minnesota, hereinafter called the "Owner," and Carefree Lawn Service, P.O. Box 1038, Monticello, Minnesota 55362, hereinafter called the "Contractor," WITNESSETH: That in consideration oftheir mutual covenants and agreements as hereinafter set forth, the owner . for itself and the contractor for itself, its successors and assigns, covenants and agrees as follows, to wit: I. The contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, and every other thing necessary to perform the work designated and referred to in this contract, including all contractor's superintendence and to furnish everything necessary for the completion of the improvement which is the subject ofthis agreement (except such things as the owner has specifically agreed to provide according to the contract documents), and agrees to perform and complete the work shown in the plans and drawings entitled Specifications for Mowing and Landscape Maintenance, prepared by the City of Monticello, Minnesota, and dated March 13, 1997, and to conform in all respects with the provisions and requirements of the specifications, and the contractor's request for "extension of city mowing contract" dated January 18, 2000 (Attachment A). 2. The contractor agrees that performance shall be in accordance with the terms, requirements, . and conditions of this instrument, and laws ofthe state of Minnesota, and the following documents: ll-I\o, C:\OFFICE\JOI-IN'AGREEMTSlMOW2000.CON: S/2612000 - PAGE 2 - . Invitation for Proposals for said specifications for mOSlandscape maintenance for the owner. COp Proposal by the contractor presented to the Council 0 the 0 er on February 14, 2000, and accepted by the owner on February 14, 2000. Each and all of the aforementioned contract documents are hereby incorporated into this agreement by specific reference, and the terms and provisions thereof are and constitute a part of this agreement as though attached hereto or fully set forth herein. 3. The owner agrees to pay the contractor for the performance of this agreement, and the contractor agrees to accept in full compensation therefor the sums set forth within the aforementioned proposal of the contractor for each unit and each type of unit of work to be performed. It is understood and agreed that the said proposal is for mowing and landscape maintenance on a unit price basis in accordance with said proposal (Attachment B summarizes those rates). It is further understood that this contract is not to be considered all inclusive. The City reserves the right to supplement mowing, trimming, or litter pickup . operations with its own forces at any time. Unless canceled according to the specifications, this contract will remain in effect until October 30, 2004. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as ofthe day and year first above written. By CITY OF MONTICELLO 505 Walnut Street, Suite #1 Monticello, MN 55362 CAREFREE LAWN SERVICE P.O. Box 1038 Monticello, MN 55362 "" By wner) DATE 5/30/WW , I DATE: 0~loo . lL-td.O . E, MONTICELLO C:\OFFICE\JOHN\SPECS\MOWLAND.SPE: 3114/97 -,- SPECIFICATIONS FOR . 1997 MOWING AND LANDSCAPE MAINTENANCE FOR THE CITY OF MONTICELLO MONTICELLO, MINNESOTA MARCH 13, 1997 . Prepared by John E. Simola Public Works Director ~ f-l~ 1 C:\OFFICE\JOHN\SPECS\MOWLANO.sPE: 3114/97 .2. . INVITATION FOR PROPOSALS FOR 1997 MOWING AND lANDSCAPE MAINTENANCE FOR THE CITY OF MONTICEllO, MINNESOTA The City of Monticello will receive proposals at the Monticello City Hall, 250 East Broadway, until 1 0 a.m., Thursday, April 3, 1997. All proposals will be publicly opened and read aloud. All proposals shall be inked or typewritten on forms to be supplied by the City. Copies of the plans and specifications may be obtained from the Monticello City Hall at 250 East Broadway, Monticello, Minnesota 55362. Proposals will be considered by the City of Monticello on Monday evening, April 14, 1997. The City reserves the right to reject any or all proposals or to waive any informalities in the proposals. BY ORDER OF THE CITY OF MONTICELLO . Rick Wolfsteller City Administrator . q-I~;? . . . PROPOSAL FORM FOR 1997 MOWING AND LANDSCAPE MAINTENANCE CITY OF MONTICELLO, MINNESOTA TO THE CITY OF MONTICEllO MONTICEllO, MINNESOTA: 1. The following proposal is made for mowing and landscape maintenance. 2. The undersigned certifies that the project specifications have been carefully examined and that the work sites have been personally inspected. The undersigned declares that the amount and nature of the work to be done is understood, and at no time will misunderstanding of the specifications be pleaded. On the basis of the specifications, trle undersigned proposes to furnish all necessary apparatus and labor to do all the work and furnish all the materials in the manner specified to maintain the sites within the time hereinafter specified, and to accept as full compensation therefor the sums stated below. 3. Base Proposal I. Site A: Monticello Library 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per-time lump sum cost of $ 3003 2. litter and debris pickup and disposal separate from mowing operations for a per-time lump sum cost of $ \0<:;;;; 3. Hedge, bush, and vine trimming, cost per hour: $ c;6 4 Fall complete cleanup of site to include disposal of all materials for a per-time lump sum cost of $ L..1S 0'::;> II. Site B: Hi-Wav Liquors 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per-time lump sum cost of $ "2JeJ""" 2. litter and debris pickup and disposal separate from mowing operations for a per-time lump sum cost of $ 10""'" 3. Hedge, bush, and vine trimming, cost per hour: $ o C:\OFFICEIJOHN\SPECS\MOWLAND,SPE: 3114197 .3. It . { d3 . . . 4. Fall complete cleanup of site to include disposal of all materials for a per-time lump sum cost of $ Lt 0":3 III. Site C: Monticello Fire Hall 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per-time lump sum cost of $ ~<yo 2. Litter and debris pickup and disposal separate from mowing operations for a per-time lump sum cost of $ , c")<:'2. 3. Hedge, bush, and vine trimming, cost per hour: $ cj; 4. Fall complete cleanup of site to include disposal of all materials for a per-time lump sum cost of $ ~ S ~ IV. Site D: Riverside Cemetery 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per-time lump sum cost of $ c:::, ~C:5:/'~ 2. Litter and debris pickup and disposal separate from F\ou)"'-'s, operations.:;r a per-tim~ lump sum cost of $ . ,-",,,,-,,,->,k.' . '\ ~ soo ous cl6pu-:'.1 t s\~ </.... OJ, II; \ (]()/ (l ~ mowing rlts?cSo-\ Sa e.. 3. Spring complete cleanup of site to inclue disposal of all mqterials for \\ a per-time lump sumcostof$ '-h,,,, '.<. <""+ z.<'1u'l".A ^,r.~ ~\\ CJ~A'" '^-P '. On4~;? Fall complete cleanup of site to includ:,~isposal of all materials for? ...,v,n, per-time lump sum cost of $ ~-ZCC> ch"''j''-'''A-\ "n ~.,+~. / :;)(u::)o d, \ 0; ~cr'>o..\ 0 \!; s", c. (c.-:.", Q~" 4. V. Additional Services bv the Hour List on the enclosed sheet a description of equipment and cost per hour at site, including fuel and operator, and enclose the additional service sheet with the bid. 4. The Owner reserves the right to award to the lowest responsible contractor as determined to be in the best interest of the City. 5. The undersigned further proposes to execute the contract agreement and to furnish satisfactory certificates of insurance within five (5) days after notice of the award of contract has been received. The undersigned further proposes to begin work as specified, to complete the work on or before dates specified. C:\OFFICE\JOHN\SPECS\MOWLAND.SPE: 3114/97 .4. ll-tdY. . . . 6. In submitting this proposal, it is understood that the right is reserved by the Owner to reject any or all proposals and to waive informalities. 7. This proposal may not be withdrawn after the opening of the proposals and shall be subject to acceptance by the Owner for a period of thirty (30) calendar days from the opening thereof. 8. If a corporation, what is the state of incorporation: ,--/. 9. If a partnership, state full names of all co-partners: ,---. /' OFFICIAL ADDRESS FIRM NAME: C-P,~ HeEE Ll'I-"""-- "S't=R.v1<...F- C-A\~G. 1=K.cG '-A.v..J10 "S",=\C.,(ICG. po. I'::>C/< \",~'2 .N\un\\~<='-'-'c , ",^'" Ss ~ ~ <<- \-<; I ...\ "'- ..} By _ \ A-m<t.o:, Title CJu..:l\0 EoR.. By Title Date l....( - :z.. - s '\ It_l;;.1S C:\OFFICE\JOHN\SPECSIMOWlAND.SPE: 3/14/97 -5- . CITY OF MONTICELLO MOWING AND LANDSCAPE MAINTENANCE SERVICE BASE PROPOSAL - ADDITIONAL SERVICE (To be attached to bid) IV. Additional Services bv the Hour EQUIPMENT DESCRIPTION A. Tractor Mowers: 1. -.Jon" ~-e...r-<- I- ~~S 'l'"2." ~ ~6n,..., {)"~A'-- '-\'d-O L..o " L. 3. ~6n" D-e.....r~ ~~O 'So'. HOURLY RATE AT SITE INCLUDING OPERATOR & FUEL 3dD ~oc" 30.0 C;\OFFICE\JOHN\SPECSIMOWlAND,SPE: 3114197 Il- ld ~ .6. . SECTION I SPECIAL PROVISIONS INDEX 1.01 Descriptions 1.02 Designation of Parties 1.03 Insurance 1.04 Compliance with Laws and Regulations 1.05 Responsibility for Condition of Sites 1.06 Examination of Site of Work 1.07 Safety 1.08 Clean Up . 1.09 Protection 1.10 Evaluation of Proposals 1.11 Approval and Final Acceptance 1.12 Method of Payment 1.13 Term of Contract . If-fd.-l C:\OFFICE\JOHN\SPECS\MQWLAND.SPE: 3114f97 .7. C:\OFFICE\JOHNISPECSWQWLAND,SPE: 3114/97 .8. SECTION I . SPECIAL PROVISION 1.01 DESCRIPTIONS a) These specifications cover mowing and landscape maintenance for four main sites, the Monticello Library, Fire Hall, Hi-Way Liquor, Riverside Cemetery, and additional areas as needed. 1.02 DESIGNATION OF PARTIES a) The word "Owner" and/or "City" as used in these specifications refers to the City of Monticello, Minnesota. b) Where the term "Contractor" appears, it refers to the prime contractor having direct contact with the owner. c) The word "Subcontractor" refers to any individual, firm, or corporation who has, with the approval of the owner, contracted with the contractor to execute and perform in his stead all or any part of the contract of which these specifications are a part. . 1.03 INSURANCE a) No contractor nor subcontractor shall commence work under this contract until he has obtained at his own cost and expense all insurance required by this article, such insurance to be approved by the owner and maintained by the contractor until final completion of the work. b) Workman's Compensation Insurance - The contractor shall take out and maintain for the duration of this contract statutory workman's compensation insurance and employee's liability insurance as shall be required under the laws of the state of Minnesota ($100,000/$500,000/$100,000). c) Public Liabilitv Insurance - The contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect him from all claims for bodily injury, including accidental death, as well as from all claims for property damage arising from operations under this contract. The minimum limits which are required are: $500,000 for injuries including accidental death to anyone person, and $1,000,000 for injuries including accidental death resulting from one accident; property damage in the amount of not less than $500,000 per accident and the same amount in the aggregate. . \ I - l,}~ . . . d) Automobile Insurance - The contractor shall carry automobile insurance on all automotive equipment owned, rented, or borrowed in the minimum amounts of $500,000 for injuries including accidental death to anyone person and $1,000,000 for injuries including death resulting from anyone accident. This policy must also provide $1,000,000 property damage coverage. e) Contractual Liabilitv Insurance - The contractor agrees to hold harmless and indemnify the owner, the engineer, and their agents from every claim, action, cause of action, liability, damage expense, or payment incurred by reasons of any bodily injury including death, or property damage resulting from the contractor's operations on this project. f) Owner's Protective Liabilitv and Propertv Damaqe Insurance - The contractor shall provide owner's protective liability and property damage insurance in the name of the owner, insuring against bodily injury and property damage liability, in the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons caused by accident and arising out of operations performed for the name insured by independent contractors and general supervision thereof. g) Insurance certificates evidencing that all the above information is in force with companies acceptable to the owner and in the amounts required shall be submitted to the owner for examination and approved concurrently with the execution of the contract. In addition to the normal information provided on the insurance certificates, they shall specifically provide that: 1. A certificate will not be modified except upon ten days' prior written notice to the owner. 1.04 COMPLIANCE WITH LAWS AND REGULATIONS a) The bidder is assumed to have made himself familiar with all codes, state laws, ordinances, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the sites, or in any way affect the conduct of the work, and no plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such codes, laws, or ordinances are deemed to be a part of these specifications, and the contractor will be bound by the provisions thereof. b) The contractor shall and also by a surety agree to indemnify and save harmless the owner and all of its officers, agents, and servants against any claims or liability arising from or based on the violation of any such law, ordinance, regulation, or decrees, whether by himself or his employees. C:\OFFICE\JOHN\SPECS\MOWLAND.SPE: 3114/97 11- Id-q .9. c) . If the contractor shall discover any provisions in the contract, specifications, or any direction of the City or inspector which is contrary to or inconsistent with any such law, ordinance, regulation, or decree, he shall forthwith report its inconsistence to the City in writing. 1.05 RESPONSIBILITY FOR CONDITION OF SITES a) Prospective contractors are hereby advised, notified, and warned that the City of Monticello and its agents, employees, and servants make no representations as to the conditions of the sites for which bids are invited, nor any part or portion thereof, nor any installation therein of any nature whatsoever; and furthermore, the City takes no responsibility for any change in such sites, portion thereof, nor any installation of any type whatsoever therein contained between the time of initial viewing by the prospective contractor and the entry into a contract between the successful contractor and the City of Monticello. 1.06 EXAMINATION OF SITE OF WORK a) . . It will be required and expected that each contractor, before submitting a proposal for work required under these specifications, will visit the sites, make a thorough examination of conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. b) The submission of a proposal shall be considered assurance that the contractor has visited the site and made thorough examination of the conditions and limitations. 1.07 SAFETY a) Each contractor shall take all necessary precautions to protect life, limb, and property during the progress of the work and shall comply with all new and existing safety and health standards and laws. b) The contractor shall use every precaution to protect the public from personal harm. 1.08 CLEAN UP a) Upon completion of the work listed herein, the contractor shall remove all tools, equipment, debris, and unused materials from the site and the entire premises shall be left in a clean and workmanlike manner to the satisfaction of the City of Monticello. 1.09 PROTECTION a) This contractor shall exercise care to protect all site improvements and all other items of this character on and around the sites, including the building, assuming all responsibility and paying all costs for any damages caused by the mowing or landscape maintenance. l'lO l' [- :> .10- C:\OFFICE\JOHN\5PECS\MOWLAND,SPE: 3114/97 C:\OFFICE\JOHI\I\SPECS\MOWlAND.SPE: 3114197 -11- . 1.10 EVALUATION OF PROPOSALS a) In evaluating the best proposal for the City, the following items will be considered: 1. Price quoted in the proposal. 2. Qualifications of the contractor. Evidence shall be furnished to the City that the contractor has the necessary experience, facilities, ability, and financial resources to perform the work in accordance with the specifications. 1.11 APPROVAL AND FINAL ACCEPTANCE a) Upon the completion of the work herein specified, by the 30th of each month the contractor shall bill the City for the work completed that month. b) Before final payment is made for the work on this project, the contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of state income tax for wages paid employees on this project. Receipt by the clerk of the owner of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 1.12 METHOD OF PAYMENT . a) Full payment will be made within 30 days upon receipt of billing and acceptance of work. Additional services work shall be by purchase order only. Billing shall include purchase order number, site description, equipment used, and date and time in and out at site. 1.13 TERM OF CONTRACT a) The contract will remain in force from date of award until October 30, 1997. The City reserves the right to cancel the contract with five (5) days written notice for failure of the contractor to perform in accordance with the specifications. . tl- l3 ) . . . SECTION II 1997 MOWING AND LANDSCAPE MAINTENANCE INDEX 2.01 General 2.02 Scope 2.03 Response Time 2.04 Additional Work 2.05 Site Locations \\_ L 3 ~ C:\QFFICE\JOHN\SPECS\MOWLAND.SPE: 3114197 -12- . . . 2.01 a) SECTION II 1997 MOWING AND LANDSCAPE MAINTENANCE GENERAL Site Locations: Four primary or basic sites are to be considered for this contract: A. The Monticello Library B. The Monticello Fire Hall C. The City's municipal liquor store, also known as Hi-Way Liquor D. Riverside Cemetery (located on West River Street) The first three of the sites are irrigated with pop-up sprinklers. All routine sprinkler maintenance is now and will continue to be performed by the City of Monticello. Should the contractor damage the sprinkler system, the City will repair it and bill the contractor. The Monticello Library site is bounded on the north by 4th Street, the west by Walnut Street, the south by the Burlington Northern railway, and the east by First National Bank. The Hi-Way Liquor store consists of an entire block area bounded on the east by Highway 25, the west by Walnut Street, the north by 5th Street, and the south by 6th Street. The Monticello Fire Hall is bounded on the east by Locust Street, the north by 5th Street, the south by 6th Street, and the west by a commercial auto restoration business. The Riverside Cemetery is bordered on the south by West River Street, the north by the Mississippi River, west by West Side Mobile Home Park, and the east by private residents. The mowing of the densely wooded sloped river bank is not required. The cemetery does have several watering faucets for flower watering and, of course, many above ground structures, flower baskets, trees, etc. Any damage to these by the contractor will be billed back. 2.02 SCOPE a) Work includes mowing and trimming of all grass and weeds at the site to generally keep the length from 2-4 inches. An exception may be the cemetery, as current mowing practices let the grass reach 5 or 6 inches, however, it is required that the cemetery be mowed and trimmed just prior to Memorial Day. Mowing at other sites may include mowing more than once a week during the heavy growing seasons to as little as once or twice a month in the slower growing or drier seasons. The mowing and trimming shall include weed removal from all landscaped areas and in and along sidewalks and the parking lots. Failure to provide weeding during mowing at the basic sites will be considered a breach of contract. This contract C:\OFFICE\JOHN\SPECS\MOWlAND_SPE: 3J14197 -13- t'33 '{\ - . does not include spraying for weeds in the lawn. This service will also include litter and debris pickup from the entire site during the mowing operation. The contractor will be reimbursed on a per-time basis per site for this basic litter pickup, mowing and trimming service. The first spring mowing will generally require more cleanup than the later mowings. These spring cleanups shall be part of the basic mowing services and extras will not be paid, with the exception of Riverside Cemetery wher spring cleanup can include such things as flower baskets, etx. This spring cleanup which will involve more time than pre-mowing cleanups will be paid separately on a lump sum basis. Disposal locations for litter will be provided by the City as usual. A schedule will be worked out with the Street and Park Superintendent regarding the initiation and frequency of service. Should the sites not need mowinG and trimmino service but litter pickup, the contractor shall be reimbursed on a separate basis for this when it is not included with the mowing service on a per-time, per-site basis. The contractor will provide an hourly rate for trimming services for hedges, vines, bushes, etc. The contractor's hourly rate will include one individual and all the necessary equipment to accomplish the trimming of bushes, hedges, and vines as required. . In addition to the routine services, the contractor will propose a cost for fall cleanup. This cleanup shall be a power raking or vacuuming to pick up all leaves and debris at the site. The City will provide disposal points for litter, leaves, grass, small branches, and trimmings at selected points within the city limits. This contract is not to be considered all inclusive. The City reserves the right to supplement mowing, trimming, or litter pickup operations with its own forces at any time. 2.03 RESPONSE TIME a) The contractor will be expected to respond to a request for mowing services or to stick to a proposed schedule and shall not vary more than two calendar days from the schedule unless weather conditions prohibit mowing operations. Should the schedule vary longer than this period of time and the City find it necessary to contract for services to complete the work, the contractor will be responsible for any additional cost required above his contract price for doing the mowing by outside separate contract. 2.04 ADDITIONAL WORK a) The contractor shall provide a separate detailed breakdown of his equipment and hourly rates for the equipment and operators to perform additional work or other work outside this contract. Hourly rates shall be site hours. The contractor will not be paid for travel time. All of the additional work shall be bound by the same general requirements for insurance protection and indemnification as the work in the base bid. . C:\OFFICE\JOHN\SPECS\MOWlAND,SPE: 3114197 Llr L "3 ~ -14. . . . 2.05 SITE LOCATIONS a) See enclosed map. C:\OFFICE\JOHN\SPECS\MOWLAND.SPE: 3/14197 ~v-l3S -15. . . . Council Agenda - 2/28/05 12. Accept Feasibility Report for Constructine a Storm Sewer Outlet for the Hillside Farms Watershed (City of Monticello Proiect No. 2004-07Cl (WSB) A. REFERENCE AND BACKGROUND: The enclosed feasibility report addresses the need for a storm sewer outlet pipe to service the Hillside Farms development and future developments in the southeast portion of the City, specifically, the area south of County Road 18 and east of Ferming Avenue. The proposed outlet pipe would connect the storm sewer runoff from the Hillside Farms regional pond with the City of Monticello's trunk storm sewer system via the Rolling Woods storm water pond. With the completed construction of the Hillside Farms phases I and 2, the proposed future phases of this development, and the proposed Spirit Hills South area, it is necessary to begin constructing the outlet pipe at this time. The estimated project cost totals $134,961, which does not include temporary easement acquisition costs. The project is proposed to be funded by the City's trunk storm water fund. Weare asking the Council to authorize preparation of plans and specifications for the trunk storm sewer line as outlined in the feasibility report. B. ALTERNATIVE ACTIONS: 1. Authorize preparation of plans and specifications to construct a storm sewer outlet from the Hillside Farms regional pond to the Rolling Woods pond using Option 2 (directional bore) as detailed in the attached feasibility report. 2. Authorize preparation of plans and specifications to construct a storm sewer outlet using Option I as detailed in the attached feasibility report. 3. Authorize the negotiations with Ted Holker to construct a regional pond on his property. 4. Do not authorize plans and specitications at this time. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend that the Council authorize plans and specifications as outlined in Alternative No.1. With the development of the Hillside Farms phases I and 2, the pending 3rd and 4th phases, and the proposed Spirit Hills South development, this outlet is needed at this time. D. 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