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City Council Agenda Packet 12-10-2007 AGENDA REGULAR MEETING - MO\'lc,ICELLO CITY COUNCIL Monday December 10, 2007 -7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2A. Approve minutes of November 26, 2007 Regular Council meeting. 2B. Approvc minutes of November 26, 2007 Special Council meeting - 2008 Budget 2C. Approve minutes of November 28, 2007 Special Meeting - Comprehensive Plan 2D. Approve minutes of December 4, 2007 Truth in Taxation Meeting. 2E. Approve minutes of December 4, 2007 Special Council meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks.(Admin) B. Consideration of adopting ordinance relating to the division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority amending City Code, Title 11, Chapter 3. (Ollie KOTOpchak) C. Consideration of liquor license transfer for Applebee's Restaurant, 9386 Deegan Avenue. D. Consideration of amendment to City's Pawn Shop Ordinance relating to approval of off-site storage facilities. (Admin) E. Consideration of approving resolution accepting contribution from Monticello Lions Club. (Finance) F. Consideration of approving a resolution appointing Directors to the Sherburne/Wright COllllty Cable Communication Commission II. (Admin) G. Consideration offmal payment to Authority Fence and Deck for fencing on River City Extreme site. (Engineering) H. Consideration of approving membership in Coalition of Greater :Minnesota Cities. (Admin) Agenda Monticello City Council December 10,2007 Page 2 r. Consideration of salary adjustment for city employees for 2008. (Admin) -No agenda item was prepared J, Consideration of appointing Commission members for the EDA Board. (Ollie Koropchak) K. Consideration to approve the final plat of Monticello Business Center 6th Addition. Applicant: Quad Development (Community Dev) 6. Consideration ofitems removed from the consent agenda for discussion. 7. Consideration of extending the term for assessment rolls for Cedar Street and Dundas Road, City Project No. 2006-02C and Chelsea Road/Fallon Avenue Improvements, City Project No. 2006-31C. (AdminlFinance) 8. Consideration of authorizing sale of$6,360,000 general obligation bonds. (Finance) 9. Consideration of approving fmal tax levy and budget for 2008. (Finance) 10. Consideration of Reviewing Policy for Applying Surcharge to Fund Costs Associated with providing boosted water pressure - Monti Hill area. (John SimolaITom Kelly) II. Change Order approval process review. (Engineering) 12. Consideration of upgrade to security surveillance system tor Liquor Store.(Finance) 13. Consideration of approving payment of bills for December, 2007. 14. Adjoum. Counc;IMinutes:I)/26107 ~nNUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monda)' November 26, 2007 - 7 p.m. Members Present: Clint Herbst, Wa)lle Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None I. CaD to Order and PIedee of Alle!dance 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 November 13, 2007 Rel!lllar Council meetinli!. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13, 2007 REGULAR COUNCIL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKlABSTAINING. 28. Approve minutes ofNovcmber 13. 2007 Special Council meetine - 2008 Budect WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13, 2007 SPECIAL COUNCIL MEETING RELATING TO THE 2008 BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED wrrn SUSIE WOJCHOUSKI ABSTAINING. 3. Consideration of addine: items to the ae:endn. The following items were added to the agenda: 1) Fiber Optic Update; 2) Scheduling of special meeting relating to pay equity; and 3) 2008Budget. Brian Stumpf asked that agenda items #12 and #13 relating to the change order and final payment for City Project No. 2004-01C and l005-0SC be added to the consent agenda as items #5D and #5E. 4. Citizen comments, Detitions. reQuests and concerns. Dan Lemm, 11380 Cameron Avenue, questioned why the City docs not have all the building plans/drawings in a digital version. 5. Consent Ae:enda: A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks. Recommendation: Ratify the hires and departures as identified. B. Consideration to approve the first reading of the Ordinance Relating to the Division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority; Repealing City Code, Title II, Chapter 3. Reeommcndation: Approve the first reading of the Ordinance 1 Council Minut." 11126/07 relating to the Division of Economic Development, Redevelopment and Housing powers between the Economic Development Authority and the Housing and Redevelopment Authority; repealing City Code, Title II, Chapter 3. C. Deletion/creation of special revenue funds. Recommendation: Approve the elimination of the Street Reconstruction Fund (Fund 211) and the Parks - Administration and Maintenanee Fund (Fund 225) and the creation of the DMV Fund and approve the transfer ofthe Parks - Administration and Maintenance Fund's fund balance to the Parks and Pathway Dedication Fund and transfer from the General Fund the balance ofDMV revenues furthc last three years as a beginning fund balance for the DMVFund. D. Consideration of approving Change Order No.4 for the Extension of Meadow Oak Avenue from the current termini to CSAH 18, City Project No. 2005-05C and the Reconstruetion of a segment ofCSAH t8 and CSAH 39 for the CSAH 18/1-94lnterchange Project, City Project No. 2004-0IC. Recommendation: Approve Change Order No.4 for City Project No. 2005-05C and No. 2004-01C in the amount ofS9,053.17 for R. L. Larson Excavating, Ine. E. Consideration of approving final payment and accepting improvements for the Extension of Meadow Oak Avenue from the ClllTertt termini to CSAH 18, City Proje<.iNo. 2005-05C and the Reeonstructionofa segment ofCSAH 18 and CSAH 39 for the CSAH 18/1-94 Interchange Proj~t, City Project No. 2004-IC. Recommendation: Accept the improvements and approve the final payment in the amount ofS126,089.58 to R.L. Larson Excavating for City Project No. 2005-05C and No. 2004-0IC contingent upon receipt of the finalpapenvork. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #5A, #5B, #5D AND #5E. TOM PERRAULT SECOl\'DED THE MOTTON. MaTTON CARRIED UNANIMOUSLY. 6. Consideration ofitems removed from the consent a~enda for discussion. #5C Elimination/Creation of Special Revenue Funds: Wayne Mayer questioned appropriating $250,000 for the beginning fund balanec for the DMV. Hc suggested instead of transferring the balancc from the last three years, that they look at using the balance forjus t the last two years or cven just one year. Tom Kelly suggested transferring at least $75,000 to start. Tom Keny talked ahout the street reconstruetion fund and wanted to know what the Council intended as far as this fund. If the COWlcii'sintentistolevy$500,OOOcveryyearandusciteachyearthcnthis should be setup as a capital fund. Ifit is to be spent as projects come up, then it would make sense to leave it as a special fund. Tom Keny asked ifthe stroot lighting franchise fee is just to cover new street lighting or jfit is also for operation and maintenance of existing lighting. The Council indicated that the street reconstruction fund should be kept as a sep arate fund as the City wil1 levy funds everyycar so thercis a reserve available to do the next phase. The street lighting franchise tee is for new lighting projects. WAYNE MAYER MOVED THAT THE STREET RECONSTRUCTIOK FUND REMAIN AS A SPECIAL FUND (FUND 212); APPROVE THE ELIMINATIOr-; OF THE PARKS ADMINISTRATION AND MAINENANCE FU~D (FU1\""D 225); CREATE A SPECIAL 2 CouncilMinutes:lli26/07 REVE]\'1..:E FUND FOR THE STREET LIGHTING FRAKCHISE FEE AND THE CREATION OF THE DMV FUND WITH A TRANSFER OF $75,000 FROM THE GENERAL FUND AS THE BEGIN~ING FUND BALANCE FOR THE DMV Fl.ND. SUSIE WOJCHOUSKI SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. 7. Consideration of authorizim! purchase and installation ofheadlilffit scceenlnl!. fence for Lots 15- 26. Block 4, Groveland 4th Addition, Previously staff was directed to poll thc affected residents to see if there were interested in having a fence installed on their property to provide screening from thc headlights coming from the River City Lanes site. Bruce Westby stated in discussion with River City Lanes, they have indicated they are now willing to have the fence erected on the River City Lanes site rather than on the residential property. They also indicated they would maintain the fence and contribute 1/3 of the cost up to $9,300 with the cost participation to take place after thc business hasb een in operation for a period of time and cash flows are established. Bruce Westby felt placing the fence on the River City Lane:; site is the be:;t option as it reduces the cost and the number of parties the City would be dealing with. Bruce Westby added that at a previous meeting Sean Fogarty had indicated the existing trees provided adequate s creening. Since that time the leaves are off the trees and he now feels the fence should be extended approximately 100 feet. The City received three quotes un the fencing material with Authority Fence and Decks having the low quote of$27,950. IftheCoUllcilapprovesextendingthefencefortheFogartypropertythat would add another $4,000 to the contract price. The quote is for white fencing material but the company also has the fence available in tan which would add another $2,500 to the contract. The COWlcil felt thc white fencing material is satisfactory. Brian Stumpf noted that one ofthe property owners in the area had written a letter to the paper which he felt conveyed a misperception about thc project. Waync Mayer stated that he wished the public would contact CounciImembers if they are not clear on what the Council's action is. WAYNE MAYER MOVED TO AUTHORIZE THE PURCHASE AND INSTALLA nON OF 704 LINEAR FEET OF 6 FOOT TALL WHITE VINYL PRIVACY FENCING FROM AUTHORITY FENCE AND DECKS, INC. TO BE INSTALLED ON THE RIVER CITY LANES SITE AND TO MODIFY THE CONTRACT TO INCLUDE EXTENSION OF THE FENCING FOR LOT 26, WITH RIVER CITY EXTREME TO PICK UP 1/3 OF THE COST UP TO $9,300. SUSIE WOJCHOUSKl SEC01\"DED THE MOnON. MOTION CARRIED UNANIMOUSLY. Clint Herbst suggested the legal counsel prepare an agreement with River City Extreme covering their participation in this project. Bruce Westby advised the Council that staff is working on an amendment to the ordinance relating to the bufl"eryard provision, 8, Review of Walt's Pawn Shop compliance with ordinance and consideration of re<1uest for pawn shop license application bv Michael Helm. Previously the Council had tabled action on the applicalionbecause the sit ewas not in complillnce with the terms of their conditional use permit. Jefl"O'Keill noted that a lot of progress had been 3 Counci!),tinUles:lli26/Q7 made in that regard and added that an inspection of the site revealed somech angcsinthewaythcsite was being used. JeffO'l\eill brought up the wire running along the top of the fence. Sincethisisa conditional use permit the Council could require that the wire be removed. He also noted that two motor homcs are parked in the outdoor display area and take up more space than what is allowed under the conditional use permit. There are items displayed on the loading dock that should be removed because that area is supposed to bc free of items according to the conditional use pcnnit. Brian Srnmpfasked why the City would approve an off site storage sile if it is out of the eity. Joel Jamniksaidtheordinanceprovidesthattheplaceofbusinessbeinthecity. If the City can't check places outside the City, the applicant would move items off-sile and thus eliminate inspection of pawned materials. Brian Stumpf asked about reporting requirements being adhered to. Joel Jamnik said the applicant has cleared a background check. Other than checking, therc is no other way of assuring that there is compliance. Brian Stumpfnoted that the applicant has taken certain steps to bring the site i nto compliance and felt the applieant should be given the opportunity to bring the sitc into compliancc. Mike Helm responded that the fcncing type was selected because it matched the building better. As far as the items on the loading dock, it is not being used for outdoor storage but for bringing items out for display and sale. He is trying to bring the site into compliance and is not sure what else needs to be done in that regard. Clint Herbst suggested that Mike Helm meet with Gary Anderson thc Building Official and go over the site tor items that were in violation. There is a site plan that shows where outdoor sales and storage ean be held. Wa}1le Mayer asked about approving this lieense on a monthly basis as was done with the previous owner. Joel Jamnik recommended issuing the lieense and doing the inspections necessary to ensure compliance. The past practice of the monthly renewal was merited because ofthc actions of the prc~ious owner and should not be applied to thc new owner unless he shows a pattcrn of non- compliance. Wa}1le Maycr addressed the loading dock area noting many stores take merchandise outdoors during the day and bring it in at night. Wayne Mayer questioned whether the dimensions of the loading dock would allow storage/display of items or if there were safety issues to be considered. BRIA:-.r STUMPF MOVED TO APPROVE THE PAWN SHOP UCE",SE APPLICATION FROM MICHAEL HELM FOR WALT'S PAWN SHOP AT 1219 TH 25. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO APPROVE THE OFF-SITE STORAGE FACILITY AT 12081 165TH STREET, BECKER, MINNESOTA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Jeff O'Neill asked whether the Cormcil wanted the wire removed. Wa}1le Mayer felt the wire helped withsecurityofthesiteandwasnota~iolalionofthecode. 4 Council Minute<: 11/26107 9. Consideration of approvlnl!! assessments covered under development al!l"eements/assessment al!reements. Tom Kelly stated there are three assessments covered under assessment/development agreements that are proposed to be certified to the COl.lnty Auditor for coilection with 2008 taxes. The assessments arc trunk charges and developmcnt fees for Pineview developrncnt; trunk charges and street assessment for River City Extreme; and improvements for the interchange that will be assessed to the proposed Mills Fleet Fann Addition. SUSIE WOJCHOUSKI MOVED TO ADOPT A RESOLUTION ADOPTING THE ASSESSMENTS FOR PINEVEW DEVELOPMENT, RIVER CITY EXTREME Al'm THE PROPOSED MILLS FLEET fARM ADDITION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. to. Consideration of approvinl! plans and specifications for biosolid storal!e tank mixers and authoruationtoadvertiseforblds. John Simola said in previous action on thebiosolids project, the Council a pproved proceeding with the mixers for the biosolids storage tank and the vehicle storage building. Paul StatTord from Bolton Menk gavc a combined presentation on the IWO projects Thevehiclestoragebuildillgisa3baygarageandisspecificallydcsignedfor the biolsolids application equipment. The building design was reviewed. It is proposed to award bids on January 2S, 200S and have the project completed by Septemberof200S ut an estimated costof$405,000. The bid for the two mixers will be awarded January 2S, 200S and should be constructed by August of 200S. The schedule depends on how soon the mixers can be deljvered to the site. The mixers portion of the project is estimated to cost S437,OOO. Clint Herbst asked iflhc vehicle storage building was highly visible. John Simola indicated it was not. Clint Herbst asked whether the City could tuke a chcaper route on construction of the building. Susie Wojchouski asked if there was a reason for going \\'ith masonry. Paul Stafford indicated Ihat was the material that the biosolid building would bc constructed of. Paul Stafford said the City could bid building with an option for either masonry or steel. Wayne Mayer questioned the financing. Tom Kelly stated Ihat $900,000 is being allotted from the upcoming bond sale for the mixers and vehiclc storage building and this portion of the hond debt will be paid hack from sewer funds. TOM PERRAULT MOVED TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE BIOSOLlDS STORAGE TANK/DIGESTER MIXERS AND AUTHORIZE BOLTON & MENK TO ADVERTISE FOR BiDS BASED UPON THE PROPOSED SCHEDULE. SUSIE WOJCHOUSKl SECONDED THE MOTtON. MOTION CARRIED UNANIMOUSLY. 11. Consideration of approval of plans and specifications for the vebicle sooral!e bulldlnl! for the W'VTP Citv Proiect No. 2007-19C and authorization to advertise for bids. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND 5 CuundlMinutesol1l26/07 AUTHORIZE BOLTON & MENK TO ADVERTTSE FOR BIDS FOR THE VEHICLE STORAGE BUILDING BASED UPON THE PROPOSED SCHEDULE WITH THE PROJECT TO BE BlO WITH AN OPTION FOR MASONRY OR STEEL. TOM PERRAULT SECONDED THE MOTION. MOTTON CARRIED UNANIMOUSLY. 12. Consideration of annrovlnl! Chanee Order No.4 for the Extension of Meadow Oak Avenue from the current termini to CSAH 18. City Proiect No. 200S-05C and the Recondruction of a seement of CSAH 18 and CSAH 39 for the CSAH 18lI-94Interchanl!e Proiect. City Proiect No. 2004.{l1C. Moved to the consent agenda and approved. 13. Consideratiou of anprovinl! final navment and acceDtinl! imnrovements for the Extension of Meadow Oak Avenue from the current termini to CSAH 18. City Project No. 2005-05C and the Reconstruction of a SCl!ment of CSAH 18 and CSAH 39 for the CSAH 18/1-94 Intercbaol!e Project. City Proiect No. 2004-0IC. Moved to the consent agenda and approvcd. 14. Consideration of authorizinl! Issuance of bonds. A 2007 General Obligation Bonds: Tom Kelly explained the 2007 general obligations bonds will cover the 2007 Core Street Project, Cedar Street'Dlindas Road Project, Chelsea RoadIFa1lon Avenue Project, mixers and vehicle storage building and refunding of the 2000A general obligation bond. Todd Hagen from Ehlers & Associates reviewed the pre-sale report. On the 2000A bond issue he noted the interest rate is 5.15% to 5.65% and he believes that the new bond issue will have a lower interest rate which th ey anticipate to be about 4%. The bond sale is set for December 10,2007. It is not anticipated that a levy fur the bond debt would be included for 2008 since the budget has alrcadybeense\. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION PROVIDING FOR THE SALE OF $6,360,000 GENERAL OBLIGATIONS BONDS, SERIES 2007. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED LNANIMOUSL y, B. EDA - Public Project Revenue Refunding Bonds: The HRA bond issue is for the MCC/Cily bonds. Refinancing this bond issue could result in savings of$180,OOO. The HRA bond would not affect the City's bond rating. SUSIE WOJCHOUSKI MOVED TO SUPPORT THE EDA IN THEIR ACTION TO PROCEED WITH THE REFINANCING OF REVENUE BOND SERIES 2000A. TOM PERRAULT SECONDED THE MOTTON. MOTION CARRIED UNANIMOUSLY. 6 COUIloilMinutes:ll/26/07 15. Consideration to prepare a chanl!e order for Gradinl! and Drainal!e Improvements at the Monticello Middle School Pond and Appurtenant Work. City of Monticello Proieet No. 2006-tSC. Bret Weiss reviewed the contents of Change Order #1 and Change Order #2. Change Order #2 coveredadditionalex~avatingattheMjdd1eschoolpond.Thispondwasexpandedto accommodate the need which otherwise would have to be met by the pond at the reservoir. There was discussion of some upcoming change orders on other project including one on Chelsea Road/Fallon Avenue, City Project No. 2006-3IC. Susie Wojchouski asked what the engineers found in their review of the grade on UMC's property. Bret Weiss said the grade was not the finished grade. Since that time the grade has been smoothed out but since they have not been in touch with Mr. Tomarm it is not knovm ifhe is satisfied with the work. TOM PERRAULT MOVED TO APPROVE CHANGE ORDER NO.2 TN THE AMOUNT OF $67,457.37 FOR MOTZKO COMPANIES FOR CITY PROJECT NO. 2006-09C, GRADING AND DRAINAGE IMPROVEME'lTS AT THE Mo~nCELLO MIDDLE SCHOOL POND. SUSIE WOJCHOUSKI SECONDED THE MOTION_ MOnON CARRIED UNANIMOUSLY. 16. Consideration of establishin!! interview dates for the EDA Commission candidates. Ollie Koropchak reported that three members that were formerly on the EOA or HRA had expressed intcrest in serving on the newly formed EDA. In addition she has received two applications thCls far for the open positions. She asked if the full Council wanted to participate in the interview process. Clint Herbst told hcr that she should select a date and those C01mcil members who could make it would participate. Clint Herbst felt it was appropriate to reappoint the commission members who expressed their interest in serving on the new board. Clint Herbst said with the three commission members and the two Council representatives that would comprise a board of five members which could be a quorum and could conduct the necessary business. Oncethedeadlinepassesforapplicationsandtheinterviewoftheapplicantsis completed the remaining two members will be appointed to the EOA. The five members can be appointed at the December 10, 2007 Council meeting and the other two members at the January 14, 2008 meeting. The new EOA Commission will try to schedule a meeting in December. 17. Consideration of Reviewin!! Policv for Applvinl! Surcbal'l!e to Fund Costs Associated with provldin!! boosted water pressure - Monti Hill area. Clint Herbst stated that some of the Council had received calls about the disparity in water rates in those areas that had a booster station. John Simola said when it was set up originally the booster station was done in two phases with the developer paying for the construction through assessments based on acreage. The idea of the booster rate was to take care of the repair and maintenance of the booster pump. Originally they discussed a surcharge, a tlat rate that would bc assigned but it was felt that would nol be fair. In 2001 a rate was established and this rate was increased every year when other fees were increased. John Simoia said they are working on coming up with figures to show whether the rate could be rolled back. The booster rate generates approximately $50,000 a year in revenue. There was some discussion on whether the fee should be a flat rate or based on consumption. Staffwili be bringing back morc detaiied 7 CouncilMinule"11,..26!07 infonnation on the revenue generated and operation and maintenance expenses. From that information the Council hopes to determinc the best option for setting the booster rate. BRIAN STlJl\.,fpF MOVED TO TABLE THIS ITEM TO ALLOW STAFF TnvrE FOR PREPARATION OF ADDITIONAL INFORMATION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Fiber Optic.~: Wayne Mayer noted there will be a groundbreaking in the area of 7th Street and Minnesota fortht1 fiber optic installation. Statfwillconfirmdateandtime. Pay Equity: Staff would like to schedule a special meeting of the City Council to discuss the preliminary report from Sherie U: on pay equity. It was suggested this meeting be held after the Truth in Taxation meeting on December 4, 2007. Budget: Tom Perrault expressed his concerns about the tax increllSes the residents will be seeing and he would like to see additional cuts made in the 2008 budget. Wayne Mayer responded that the City has to keep in mind what needs to be done. Tom Perrault felt that the budget shollld reflect what is truly needed and not what is wanted. Snowplowillg: Clint Herb had comments on the condition of the roundabout after the snowfall and asked Public Works to keep an cye on it. 18. Consideration of aoorovine: pavment of bills for Novemher, 2007. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANllvlOUSLY. 19. Adiourn. TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:50 P.M. SUSIE WOJCHOUSKI SEOCNDED THE MOTION. MOTION CARRIED UNANIMOC:SLY. RecordingSecrctary 8 Special Council Minutes 11/26/07 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday November 26, 2007 - 5:30 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: :-.Jone 1. Call to Order: The special meeting was called to order at 5:30 p,m. with a quorum of the Council present. 2. Cedar Street rililit-of-wav al!reement. JerfO'Neill provided background information on the land exchange that was done in order to acquire right-of-way for the new Cedar Street alignment. The City as part of the right- of-way agreement provided a quit claim to John Lundsten for certain parcels of land that the Minnesota Department of Tn illS port at ion had turned back to Wright County who tumoo it back to the City of Monticello. If the Minnesota Department of Transportation only had an easement for that parcel and did not O\Vll it outright, when the parcel was turncd back to thc City the land should have reverted back to the abutting property owners which means a portion ofthc property would belong to Glen Posusta, an abutting property O\Vller, The City's provided a quit claim deed to John Lundsten by which the City gave up any interest the City may have had in the parcel turned back by the state. If the state had acqnired this property as an easement and the parcel should have reverted back to the abutting properties upon vacation of the property, the quit elaim deed given byth eCity would not change who O\VllS the property. Legal counsel indicated that a quiet title action could involve the City in litigation. The City was looking at some options for resolving the issue and avoiding litigation. Glen Posusta was present at the meeting and stated that the City kuew they did not 0\Vll all the land that was deeded to John Lundsten. He stated that City Administrator, Riek Wolfstel1er, by knowingly deeding the land to LWldsten was guilty of misrepresentation and fraud. Glen Posusta stated for development of his property or the Lundsten property to oceurthis issue would need tobe cleared up. In initial discussions with John Lundsten, Mr. Lundsten was asking for payment equivalent to $l1fsffor that portion of the property that should have reverted to Glen Posusta Mr. Lundsten has since reduced his request to $IO/sf. There was lengthy discussion and from this discussion it appeared that the COWlcil was split over what should be done. It was felt by some that since the City did not claim to have fee title to the land there was no legal obligation to make paynIent to John Lundsten as Mr, Lundsten knew the City by the quit claim deed was only giving up any interest the City had in the land. If Mr. Lundsten wanted to take the City to court, then the court would decide how the issue would be resolved. Others felt that if this matter would go to Speoial Council Minut.. 11126/07 court the City may end up paying Mr. Lundsten for the land anyway plus the cost of the logalfeesincurrcd. It was also fe1t if the City was not certain oflheir right to deed the land in its entirety to John Lundsten it could be looked at as a failure of the City to meet the terms of the agreement. The Council discussed the various options which included: I) Do not offer pa}'lllent at this time and wait to see iflegal action fCSlJltS; 2) Offer payment to Lundsten for that portion of the properrythat should have reverted to Glen Posusta; 3) Offer to reduce the amOlJnt of the deferred assessments against the Lundsten property in an amount equivalent to $1 Of sf; and 4) Ofter the payment or reduction in deferred assessment to Glen Posusta to give up his interest in the property that should have reverted to him but was deeded to Lunds ten. SUSIE WOJCHOFSKl MOVED TO OFFER JOHN LUNDSTEK A REDUCTION OF $40,000 IN fl',iEREST OK THE DEFERRED ASSESS:MENTS AGAINST HIS PROPERTY, PROVIDED JOHN LUNDSTEN SUBMITS TO THE COUNTY ALL THE DOCUMENTS TO DEED THE PROPERTY IN QUESTION BACK TO THE CITY. IN THE EVENT JOHN LUNDSTEN DOES NOT ACT ON THIS OFFER BY 1130/08, THE CITY WILL OFFER THE $40,000 REDUCTION ON THE DEFERRED ASSESSMENTS TO GLEN POSUSTA n.; EXCHANGE FOR HIS RELINQUISHING HIS INTEREST N THE SUBJECT PROPERTY. MOTION DIED FOR A LACK OF SECOND. After additional discussion of the options it was evident that thc Council was not able to agree on a course of action. Legal counsel, Joel Jamnik recommended the Council not take action at this mccting. WAYNE MAYER MOVED TO TABLE TAKING A.."'IY ACTION ON THE CEDAR STREET RIGHT -OF-WAY AGREEMENT. BRIAN STIJMPF SECONDED THE MOTION. MOTION CARRIED IF.'JANIMOUSLY. The specialmccting was adjourned. Recording Secretary 2 JtCounciltPlanningMinule" lli28i07 MINUTES JOlJ'lo'T MEETING _ MONTICELLO CITY COUNCIL AND MONTICELLO PLANNING COMMISSION Wednesday November 28, 2007 - 6 p.rn. Members Present: Council: Clint Herbst, Wa)'1le Mayer, Tom Perrault, Brian Stumpfand Susie Wojchouski. Planning Commission: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz and Barry Voight. Members Absent: None 1. Call to Order. The special meeting began at 6 p.m. with Rusty Fifield of Hoisington, Koegler explaining general concepts behind the development of the comprehensive plan. The purpose of the meeting was to obtain feedback on the draft plan and to make sure the Council and Planning Commission are In agreement when this plan goes to the public. Rusty Fifield reviewed the process followed for drafting the comprehensive plan and emphasized that it is a new plan rather than an updated plan. He talked about the changes in the plan structure between the 1997 plan and the current plan. The 1997 plan was broken into fonr chapters: I) Inventory; 2) Goals and Policies; and 3) Development Framework. The new plan has a few more chapters with the policies being contained within the chapter rather than ina stand alone chapter. The chapters in the new plan are: 1) Planning Framework; 2) Community Context; 3) Land Use; 4) Parks and 5) Economic Development. There is more emphasis on issues such as parking, economic development and transportation. The new plan gives more flexibility to deal with changing development trends. A key policy is managing growth. In talking about housing it was noted that the residential growth should occur to the west along School Boulevard into the YMCA area. Rusty Fifield stated the Fallon Avenue bridge is critical to this residential push andi s needed for transportation and lnfrasrructurepurposes, On indnstrialland there is more emphasis on the bio-medical and technology type industries. Rusty Fifield noted three critical areas: 1) Expansion of the existing industrial park; 2) development south along TH 25 and 3) the northwest quarter area would be contingent on the westerly interchange being constructed. In the downtown area the TH 25/CSAH 75 junction is critical because it moves truffic through the area. Rusty Fifield also talked about the Community Greenway which will be created as development occurs In talking about parks, the focus is on the YMCA being a regional park. A regional park wiIl require a good amount offuture park dedication fees to be used formaintenan ceand development of the park. He also emphasized continuing the sidewalk and trail system because it makes for a connected community. 1 ltCounciliPlanningMillUles:11l28i07 Economic development is important for I) Creating jobs; 2) Diversifying the tllX base; 3) Attracting bio-medical and technology business and 4) Enhancing the downto'Ml area. Rusty Fifield then opened it up for questions. Brian Stumpf disagreed with the layout of downto'Ml. He felt the bowularies should be expanded to the east to the TargetlHospital. Susie Wojchouski agreed with Brian that downtown doesn't feel like a residential area anymore. Clint Herbst felt the residential area downtown is needed to support what is currently the downtown and didn't feel the downtown commercial limits should be expanded. Brian Stumpf felt for long term planning this area should be opened up for future development. Wayne Muyer said he could see an extension to the cast some time in the future. Rusty Fifield felt the City should be specific in their plan;; for the downtown. Susie Wojchouski said one problem with the original dO'Mltown plan was that they never had a good idea as far as traffic counts. She did not feel there was enough consideration given to the TH 25/CSAH 75 intersection. It's a different kind of town because TH 25 bisects the city. Susie Wojchouski suggested looking at East and West Broadway as two different units. She felt the traditional downtown will be to the west ofTH 25. Jeff O'Neill stated that WSB had identified Broadway, 7th Street and 4'" Street as possible roundabout locations. WSB will be presenting this plan to tbe Council at a later date. Clint Herbst suggested a land use change for a portion of the Chadwick property which is currently zoned B-4. Rusty Fifield had it zoned as industrial as he felt it was a too far out for commercial. Tom Perrault said there is an agreement relating to the interchange that requires Fallon Avenuc to be constructed. Fallon Avenue is essential to taking traffic off ofTH 25. There was discussion whether the Fallon Avenue improvement plan is tied to the extension of utilities. Bruce Westby said when there is development, the City would extend utilities and at that time the Fallon Avenue improvement could take place. Barry Voight noted the plan said there will re~isions of the zoning ordinance but it doesn't specify how the zoning ordinance should be changed. He felt there was too much flexibility and he wOl.lld like to see more specifiC recommendations. Brian Stumpf said it is fine to designate some residential areas and put them in the comp land but he questioned how detailed about the housing the plan should be. Rusty Fifield pointed out that the comp plan does not want to encourage residential development to the west lUltil the westerly interchange is built. Susie Wojchouski noted the plan contained demographic information from the 2000 census which she felt to be outdated. Rusty Fifield explained that this was the most current information they could get. There was discussion on whether to designate certail1 areas lUltil it is kno"'Tl where the westerly interceptor will be located. Wayne Mayer suggested thosearcas that are subject to change should be in a different color rather than d esignating it commercial or industrial. Rusty Fifield felt when it has been determined where the interchange is going the City will want more detailed land use studies to be done. Susie Wojchouski felt economic development was more important than parks and should come before parks in the comp plan. Tom Perrault noted they expanded the industrial park land into area that was previously residential. Rusty Fifield said it felt logical to extend into that area because the land was there. Rusty Fifield,before the end of the year, wants to 2 J[Council,PlanningMinules:lli28i07 reach an agreement on what should be in the plan that both the Planning Commission and Council can be comfortable with. Jeff O'Neill questioned whether the comp plan should be delayed until the transportation plan is brought up to date, If there are things in thc updated transportation plan to make Council re-think the land use plan, then Council should proceed with making the changes. Susie Wojchouski asked who owns the greenway. Rusty Fifield responded that they are generally public but there could also be private owners, Susie asked about the statement in the camp plan about bousing in the downtown and the recommendation of housing on top of commercial use. Rusty Fifield said commercial land is too valuable for use as residential and therefore the housing should be on lOp of the commercial Clint Herbst and Susie Wojchouski will not be present at the next comp plan meeting scheduled for December 10, 2007. Recording Secretary 3 Special Council Minutes: 12/4i07 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL TRUTH IN TAXATION HEARING Tuesday December 4, 2007 ~ 5 p.OL Members Present: Clint H~rbst, Wayne Mayer, Tom Pen:alJltand SlJsie Wojchouski. Members Absent: Brian Stumpf I. CaJI to order. Mayor Herbst called the meeting to order at 5:05 p.m. 2. Truth In Taxation Hearine:. Tom Kelly, Finance Director and Paul Mastey, Senior Accountant gave a presentation on the proposed 2008 budget and tax levy. The total proposed expendirnres for the 2008 budget are $28,707,837 which is lower than the budgeted expendirnres for 2007. Byway of background, Tom Kelly gave an explanation of fund accounting and described the various fund types the City has, He noted that the proposed expenditures and the proposed revenues are spread fairly evenly across the enterprise funds, the general fund, debt service funds and special revenue funds. Tom Kclly stated that 53% of the revcnue for the general fund is propcrty tax. No property tax levy is 1J8edto support the entcrprise funds. Enterpri8efundsarcsupportedbyuscrfees. He did indicate that it is proposed to increase the sewer and water rates by 15% for 2008. There is a new enterprise fund for the City which is the fiber optic fund. Current expenditures for the fiber optic system are projected at over Sl,OOO,OOOan danticipated revenue, excluding bond proceeds, is estimated at $705,000. It was added that the fiber optic fund expenditures will not impact the property tax. The debt service fund receives revenue from special assessments and property taxes. The Cityhas $47,489,884 in outstanding debt. No property tax levy for debt service is proposed in 2008 with the funds needed for debt payment to come from savings and reserves. Special revenue funds include the library, shade tree, OAA, street reconstruction and the Monticello Community Center. The proposed levy for the special revenue funds for 2008 is $1,871,071. It was pointed out that the MCC budget increased because they were budgeting for thc debt serviee cost on the facility and in the past that had beenc ovcrcdbya S250,OOO transfcr from the IiquorfWId. Expenditures from the general fWId for 2008 are estimated to be $7.521,909 with Public Works and Public Safety having the higher share of expenditures. Expectedrevenueforthc general fund for 2008 is $7,737,147 with the majority coming from property taxes. The proposed tax levy for 2008 is $7,600,000 which is an increase of 16.9%, It was emphasized that in the previous years the City had either kept the same levy or had decreascdit The City tax capacity increased from $!5,256,892 to $15,993,681 even though Special Council M;nutes: 12/4/07 there was a decrease in the valuation ofXcel Energy's property in the amount of$272,065. The City's tax rate is expected to be 47.519% which i~ up from 42.601 % in 2007. Tom Kelly ~howed the impaet that the 20081evy would have on a home valued at $100,000; a home valued at $200,000 and one valued at $300,000. He stated that based on a valuation of$200,000 the monthly cost for city services would total approximately $79.20. He compared this cost with other costs residents incur such as cablc televisio n,gas,tclephone, etc. Although there is an increase in the tax levy, the City is still using approxim ately $922,724 in savings to fund the operation of the city. At this point in the hearing it was opened up for questions and comments. Tom Perrault stated that last year there was a transfer to the City from the EDA and he felt this should he done again this year and this transfer he applied to debt ~ervice. The exad amount remaining was thoughllo be about $81,000. Clint Herbst said the City needs to wean itself off of taking so much out of savings and reserves. There was ~ome discussion on the $250,000 that is normally tran~ferred from the liquor fund. Wayne Mayer asked that it be footnoted that for 2008 $171,000 was taken from the liquor fund and approximately $80,000 remains. Tom Perrault felt if the $250,000 from the liquor fund was not used for reducing the tax levy, the City should eonsiderdosing the liquor storc. Tom Kelly stated he is working on a fund balance reserve policy which he will be bringing before the Council in 2008. Clint Herbst suggested rather than taking more money out of reserves tbe City should look at making cuts. The final budget and tax levy will be approved at the Decernber 10th Council meeting. The Cowlcil asked about levy limits. Tom Kelly briefly explained the levy limit and added that if the state imposes levy limits the City would have to operate within that limit or use their reserves to make up what the City would have nonnally le~ied for. Tom Kelly noted hi~ coneern with all the projects the City ha~ sueh as the YMCA and the Public Works Facility,whicharenotbudgeted, Tammy Veit, 6439 Mill Trail Drive stated sbe was concerned about the TTF Districts the City has. She asked if Mills Fleet Fann was in a TlF Distrid. Ollie Koropchak, Economic Development Director noted that in the years that tax inLTement financing has been available theCityhase~tablished38 TIFdi5triets and only abouthalfofthosearestill active. Ollie Koropchak stated that the City's district~ were relatively small in size ~o the dollar amount is small. The City used T1F districts primarily for job creation rather than commercial development. The TfF district that Target is in was set up to pay the City back for the interchange improvements. In all a little over Sl,OOO,OOO is being retained from the TlF distriLis, Tammy Veit ~aid it is bard for the Monticello residents with the increase in the school and city tax levy. Clint Herb~t responded that for tbe last several years the City had cut back their levy and increased thciruse of reserves in deferenccto !he fact that other entities were increasing their levy amounts but the City cannot continue to do so. There are infrastructure need~ that the City must fund. Clint Herbst felt the Council as tried to keep the increase a~ low as possible and yet still fund operations and needed improvements. 2 Sp""ialCounc~Minut.",12/4/D7 Mayor Herbst thanked those for attending the Truth in Taxation Hearing. The meeting dosed at 6:50 p.m. Recording Secretary J Couucil Agcnda: 12/4i07 MThTTES SPECIAL MEETI"'lG - MONTICELLO CITY COUNCIL Tuesday December 4, 2007 - 6 p.m. .MembersPrescnt: Clint Herbst, WU)'Tle Mayer, Tom Perrault and Susie Wojchouski. Members Absent: Brian Stumpf 1. Call to Order. The meeting was called 10 order at 6 p.m. The items referring to the Cedar Streel right.of- way exchangc and the organizational analysis by Sherie Le were removed from the agenda. 2. Reviewoforoiectsandsetl!oals. City Administrator, Jeff O'Neill submitted a list a general goals that were established for 2007 and a list of projects that wcre initiated or completed in 2007. Kitty Baltus explained the listed accomplishments that took place within the Community Center. Of particular note was the success oithe Farmers' Market. A Farmers' Market Steering Committee has been set up and they will be responsible for researching and making recommendations relating to the Fanners' Market such as hours and days of operation. The MCC has takcn over the operation of the concession stands at the ball fie1ds a ndalsothe scheduling ofleague play. She also talked about the iDccease in their program offering and the number of those participating in the programs. The D\1V will begin Saturday hours starting in March. Council expressed some concern about this scrvicenot being able to be provided earlier than that. The Council discussed the City's website. It was felt to be outdated. There was discussion of establishing a blog type setup on the web site which apparently has been done by other conununities. Paula Mastey, Senior Accountant informed the Council that no funds were budgeted for website redesign. The City currently uses the GovOffice template for the website which is offered through the League ofMillnesota Cities. Jeff O'Neill willlry to have staff submit their vacation schedule to bim earlier in the year which hopefully will eliminate staff having to usc their vacation time at thc end oithe year in order not to lose it. The use ofroundaboub was discussed and specifically what type of landscaping should bc used on the existing roundabout. Wa)'Tle Mayer expressed his interest in being involved in coming up with the landscaping design fur the roundabout. Council also discussed enhancing the appearance of the City. They noted the overhead power lines as one item tbat detracts from thc City's appearance. Other items mentioned were weeds along the highway corridors and a proliferation ofsigns. City Engineer, Bruce Westby and Street Superintendent Tom Moores will be doing an inventory of the signs located throughout the City with the hopes that some of these signs can be eliminated. Clint Herbst indicated he would like to be involved in the sign inventory. 1 CouDcilAgenda:12/4107 Jeff O'Neill submitt~d a rating forrn to the Council and asked them to complete it and return it to him. The Council briefly discussed the schedule for interviewing applicants for the EDA Commission. The interview wills take place on Wednesday, December 5th. 3. Adjourn. The meeting closcd at7:15 p.m. Recording Secretary 2 Council Agenda: 12110/07 SA. Consideration of apOrOViDl!: new hires and departures for Liquor store. Parks. MCC and Streets. (JO) A. REFERENCE AND BACKGROUND: Thc Council is asked to ratity the hiring and deparrures of employees that have occurred recently at the Liquor Store, Parks, MCC and Streets. It is reeonunended that the Council officially ratify the hiringideparture of all new employees includingpart-tim elllldsellSonal workers. A.l BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attachcd list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SVPPORTINGDATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Wipper, Derek Maintenance Worker Parks 12103/2007 >0 Christian,John Ice Rink Attendant MCC 12109/2007 'T Iverson, Nate Climb Wall Altend. MCC 11/27107 'T Schaffer, Julia Ice Rink Attendanl MCC 11123/2007 " TERMINATING EMPLOYEES Name HermosillO,Lori Reason Departmenl MCC Last Day Class 10101/2007 PT voluntary employeecouncillistxls: 121612007 Name Name Watts,Valene Berthiaume,Josh NEW EMPLOYEES Trtle Department Hire Date TERMINATING EMPLOYEES Reason Department Liquor Streets Class Last Day Class 11/21/07 PT 1119/07 seasonal employee council list.xls: 11/29/2007 voluntary work ended City Council Agenda -12flO/07 58. Consideration to adont the Ordinance relatinl! to the Division of Economic Develonment. Redevelonment. and Housinl! Powers between the Economic Development Authoritv (EDA) and the Housinl! and RedeveloDment Authoritv (BRA): Amendinl! City Code. Title IL Chapter 3. (O.K.) A. Reference and Back!rround: I) Budget blipact: Legal fees associated with preparation of documents. 2) Staff Impact: Research and preparation time. 3) Priority List: Council priority and authorization. Please note the highlighted words denote changes made to the Ordinance after the November 26 Council meeting. These changes came about because the City of Monticello is a statutory city and not a charter city; therefore, the approval process by the CityCounci I does not include a first and second reading of the Ordinance. The attached Ordinance has been modified to accommodate the changes: Amending the City Code rather than repealing, Reference to first and second reading was deleted. The Ordinance relates to the division of economic development, redevelopment, and housing powers between the EOA and HRA, and replaces the City Code which established the EOA inl989. The Ordinance allocates to the EDA all the powers listed under Section 2: a) economic development powers under the EOA Act, b) all the housing and redevelopment powers under thc HRA Act, c) al1 city powers under Minnesota Statutes, Section 469.124 and 469.134, d) all powers and duties of are development agency, e) authority to issue bond sinaecordaneeto the EDA and HRA Act, e) authority to levy special benefit taxes under the HRA and EOA Act subject to approval of the Council, g) and h). Section 3. states no powers are allocated to the HRA. Section 4. states the City retains the powers of a city under Minnesota Statutes, Section 469.124 to 469_134 which may be exercised concurrently with the EOA and does not limit or affect any powers, duties or obligations specifically assigned to the City. Section 5. states the City can modify the Ordinance or thc Enabling Resolution. Se<.iion 6. states the Title n, Chapter 3 of the City Code is replaced and Section 7. states the ordinance is effective upon its publication in accordance with law. 1 City Council Agenda - 12110/07 B. Alternative Action: I. A motion to adopt the Ordinance relating to the Division of Economic Development, Redevelopment and Housing powers between the Economic Development Authority and the Housing and Redevelopment Authority; amending City Code, Title II, Chapter 3. 2. A motion to deny adoption of the Ordinance relating to the Division of Economic Development, Redevelopment and Housing powers between the EDA and HRA; amending City Codc, Title II, Chapter 3. 3. A motion to table any action. C. Recommendation: The City Administrator and Economic Development Director recommend Alternative No. I as the Ordinance is consistent with the goals of the City Council. Other staff members did not provide any recommendation. D. SUDDortinl!Data: Copy of the Ordinance which was modified after the November 26 Council meeting. 2 ORDINANCE NO. ORDINANCE RELATING TO THE DIVISION OF ECONOl\fiC DEVELOPMENT, REDEVELOPMEl'iT AND HOUSING POWERS BETWEEN TUE ECONOMIC DEVELOPMENT AUTHORITY AND THE HOUSING AND REDEVELOPMENT AUfHORITY; AMENDING CITY CODE, TITLE II, CHAPTER 3 TIrE CITY OF MONTICELW DOES ORDAIN: Section I. Recitals. It is hereby determined that: (a) pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and predecessor statutes ("HRA Act"), the City previonsly established the Housing and Redevelopment Authority in and for the City of Monticello ("BRA") for the purpose of carrying out housing and redevelopment activities in the City; and (b) pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("EDA Act"), the City Council established the City of Monticello Economie Development Authority ("EDA") by Ordinance No. 172, approved April 10, 1989 (the "Enabling Ordinance"), codified as Title II, Chapter 3 of the City Code; and (c) on October 22, 2007, the City approved an amended and restated Enabling Resolution intended to supersede the original provisions of Title II, Chapter 3 of the City Code; and (d) the City is authori7.ed by Minnesota Statutes, Section 469.094, subdivision 1 to divide the economic development, redevelopment, and housing powers between EDA and the HRA;and (e) the City has determined a need to allocate all development, redevelopment and housing powers to the EDA, and to clarify that the EDA is governed by the terms of the Enabling Resolution. Section 2. Powers Allocated to EDA. Except as limited by this ordinance or the Enabling Resolution, as either may be amended from time to time, the City allocates to the EDA all of the following powers: (a) all powers ofan economic development authority under the EDA Act. (b) all powers of ahousing and redevelopment authority under the HRA Act. (e) all powers ofa eityunder Minncsota Statutes, Section469.124 to 469.134. (d) all powers and duties ofa redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the BRA Act or the EDA Act, and all powers and duties in the HRA Aet and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. JIS923vIMNJMNI\()_I30 (e) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (f) the al1thority to levy special benefit taxes in accordance with Section 469.033. subdivision 6 of the HRA Act in order to payor finance public redevelopment costs (as defined in the HRA Act), sl1bject to approval by the City Council in accordance withSection469.033,subdivision6. (g) all powers under Minnesota Statutes, Sections 469.474 to 469.179. subject to all approvals required by the City under those provisions. (h) any other powers related to development, redevelopment or housing authOriled l1nderMinnesota Statutes. to the extent such allocatiOll to the EDA is cons istent with such statutes. Section 3. No Powers Allocated to HRA. The City allocates no powers to the HRA, it being the intent of this ordinancc that all development, redevelopmcnt and housing pow ersunder law be allocated to the EDA. Section 4. Powers Retained bv Citv. Notwithstanding anything to the contrary herein, the City retains the powers of a city under Minnesota Statutes. Sections 469.124 to 469.134, which powers the City may exercise concurrently with the EDA. Nothing in this ordinance is intended to limit or affed powers, rights, duties or obligations that are specifically assigned to theC ity under the Enabling Resolution, the EDA Act, the HRAAct, or any other law. Section 5. Amendment. Nothing in this ordinance is intended to limit or prevent the City from (a) moditying this ordinance to revise the respective powers of the HRA and the EDA, or (b) modifying the Enabling Resolution to impose new or different limitations on EDA as authorized bytheEDAAct. Section 6. by this ordinance. Codification. Title IT, Chapter 3 of the City Code is replaced in its entirety Section 7. with law. Effective Date. lhisordinanceisineffeetuponitspublicationinaeeordancc OffcredBy: Seconded By: RollCall: Date of Passage: December 10. 2007 Mayor City Administrator Jlj9~)vl MMMNl90-13~ 2 Council Agcnda: 12110/07 sc. Consideration of liauor li~ense transfer for ADlllebee's Restaurant. 9386 Deel!RD Avenue.(fK) A. REFERENCE AND BACKGROUND: The Applebee's Restaurant located at 9386 Deegan Avenue has been sold to Applebee's Restaurant North LLC and they have requested that the on.sale intoxicating liquor and Sunday liquor license be transferred in their name. A.I Budget ImpRct: None A.2 Staff Impact: None B. ALTERNATlVEACTlONS: 1. Approve the transfer of the off-sale and Sunday liquor license for 9386 Deegan Avenue to Applebee's Restaurant Korth LLC contingent upon submittal of certificate ofliquor liability insurance. 2. Do not approve transfer of license. C. STAFF RECOMMENDATION: It is recommended that the license be transferred to Applebee's Restai.lrant North LLC contmgentupon submittal of certificate of liquor liability insurance. D. SUPPORTING DATA: Application Minnes(]ta DepartmelltofPublic S,f.ty Alcobol and Gambling Enforcement Division (AGED) 444CodarStreet,SU,lcL13,Sl.Paul,MN55101_5133 Tciepho"cG51_296.G979 Fax 651.297-5259 ITY651-282_6555 CitiesandCounti", liccnselypos CCrlificalionof.nOnSoleLi uorLicen,e.3.2%U uorlitenst orSlIbd.'I.i nOr LitCbSe You.re rcquin'.d by law 10 complete and sign dli, fom, to certil}' the i>S'~1['a oflhe following liquor I) CiLy "'ucd "0 sale intox'caliog .nd Sunday Iiquorh~enses 2) City an~ Count,. i"ued J,2% On .nJ off sale malt lIquor license, Name MC;t} OTCouOt} 1s<1I1U~ L'quo. l.ioenseMonticello . 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Work",Comp""aILon[:mJr,1[lC,,,,I,'urcqui,,.Cb)'ollbcc,,,ecc,: Plcosccornplcte'hcIOllc'WLrLg \\/ork", CUfllvcn.,.'I"", I"".,"n,;" (:O",[);),,)' '-i.'me _fb. tbtt,if.QJ?lt!s .ib -'--- Pair")' II I Cerlifi lir"l 'hLS lice[lSc(\) 11_'" ke" appr,.wd in CLlldlic,,1 CJ."Clnk"r "':('"oryA"dil,::,rSi;.:Il"'clf' 'no",r,,, b)' Lhe, guvc'-"Lng b"dy 0 f I;\e C1~y c'r co"n(y [I<u, i'"kl On '<;,Ie Into'lcalrng I"I'HII 11'0""'(" 111"'1 ,I,,, pnrch~"" $2(1 Robi]cr B"ye"~ C"ni. ru ohloi" the "pphc.t,nl\ fOl Ihe B"y"r,\ Canl, pl","se (''Ill (,SI.2IS..('2U'1, or ,'i.,il ""r "','.Il_';le "1"~':'C.ili,,,l8.!.~~'_ r'''''''''''''fl.-'<I-'i CouDcilAgenda: 12/10/07 5D. Consideration of amendment to Citv's Pawn Shop Ordinance relatinl! to aPllroval of off'site storal!e facilities. Title III. Chapter 15. Section 19. (JO) A. REFERENCE AND BACKGROUND: It came to our attention, when the Council approved the request for an off-silc storage facility tor Walt's Pawn Shop that Section 3-15-19 should be amended. The ordinance currently reads, "However IJpon written request, the police inspector may approve an off-site locked and secured storage facility." Since the City does not have their own police department and the Wright County Sheriff's Department does not want to undertake the responsibility, the actual practice has been that the City Council has been t he entity that has considered and approved requests for off-site storage facilities. It is proposed to change the ordinance to reflect actual practice. A.I Bud1i!etlmpact: None. A.2. StaffWorkloadlmllact: None B. ALTERNATIVE ACTIONS: 1. Adopt the ordinance amendment changing the language in Section 3-15-19 to read thllt the City Council may approve an off-site locked and secured storage f acility. C. STAFF RECOMMENDATION: Tt is the recommendation of staff that the ordinanee reflects the actual practice w hich is in this case that the Council has been the entity approving requests foroff-si testorage facilities. D. SUPPORTING DATA: Copyofordinanceumendment. ORDINANCE NO. 469 CITY OF MONTICELLO WRIGHT COUNTY,I\UNNESOT A ORDINA]\,TE Ai~ENDING TITLE III, CHAPTER 15 OF CITY CODE THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA ORDAINS: Sectionl. Title 3 of the Code of the City of Monticello is amended as follow,: Se<:tion3-l5_19: BUSINESS AT ONLY ONE PLACE. A license under this chapter authorir.es the licensee to carry on its business only at the pennanent place of business designated in the license. However, upon written request, the City Council, at their discretion, may approveanoff-sitelockedandse<:uredstoragefacility, The licensee shalI pel1llit inspection of the facility in accordance with (INSPECTION OF ITEMS). Ail provisions of this chapter regarding record keeping and reporting apply to the tacilityand its contents. Property shall be stored in oompliance with all provisions of the city code. The Iiccnsee must either own thc building in which the business is conducted, and any approved off-site storage facility, or have a lease on thc business premise that e><:tends for more than six (6) months. Sedion2. This ordinance shall become effective from and after its passage and publication. Adopted this lO'h day of Decem her, 2007. Clint Herbst, Mayor ATTEST: JeffO'NeiII. City Administrator Council Ageod.: 12/10/07 5E. Consideration of annrovinl! resolution acceptlnl! coutribution from Monticello Lions .Q!!h. (TK) A. REFERENCE Ai"lD BACKGROUND: The City hilS received a donation from the Monticello Lions Cub equivalent to $519.44 for holiday lights at West Bridge Park As required by state statute, if the City accepts the donation, the CityCouneil needs to adopt a reselution specityingthe arneunt of the donation and its use. B. ALTER."fATlVEACTlONS: I. Approve the eontribution ilS specified by the donor. 2. Do not approve the contrihution. C. STAFF RECOMMENDATION: It is the recommendation of staff to adopt the resolutien accepting the contributien. D. SUPPORTING DATA: Resolution City of Monticello RESOLUTION NO. 2007-104 RESOLUTION APPROVING CONTRmUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to MinnesO!a Statutes Secti ons 465.03 and 465.04 for the benefit of its citizens and is specificaliyauthorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions ofMN Statuws Section471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONORlENTlTY MonlicelloLion, Club DESCRIPTION C..'lhcontribulion V,UUE $519.44 WHEREAS, all said contributions are intended to aid thc City in establishing facilities, operations or programs within the cit y'sjurisdiction either alone orin cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributionsoffercd. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: L 2. The contributions described above are hereby accepted by the City of Monticello. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DO,'olORl&"ITlTY MonticeUo T.ions Club RECIPIENT CitvofMonticdio Parks PURPOSE Holid. Ii hl,..WestBrid ePark Adopted by the City Council of Monticello this 10th day ofDecembcr, 2007. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2007-103 RESOLUTION APPOINTING DmECTORS TO THE SHERBURNE/WRIGHT COUNTY CABLE COMMUNICATION COl\BflSSION II FOR THE ADMINISTRATION OF CABLE COMMUNICATIONS SYSTEM WHEREAS, the Sherbume/Wright County Cable Communications Commission IT (Commission) is Iljoint powers board made up often member cities; and WHEREAS, the City of Monticello has been involved with and is a member city of the Commission; and WHEREAS, Article VI Directors: Voting, Section 2 states a director shall be appointed by resolution of the Council of each municipality; and WHEREAS, Article VI Directors: Voting Section 3 states cach municipality shall appoint at least one altemate director, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Monticello hereby appoints City Administrator, Jeff O'Neill as director and Cathy Shuman, Finance Department as the alternate director to represent the City of Monticello on the Commission, Adopted by the MonticeHo City Council this 1 OLh day of December, 2007. Clint Herbst, Mayor ArrEST: Jeff O'Neill, City Administrator CounciIAgend.:12J10107 SF. Consideration of approvin!!: a resolution apPointl"!!. Directors to the SherburneI\Vri!!.ht County Cable Communications Commission II. (IO) A. REFERENCE AND BACKGROUND: The Sherburne/Wright County Cable Communications Commission IT is ajoint powers board established to monitor the operation and activities of cable communications, The City of Monticello is one of the ten communities that were the original members of the commission. The other communities included Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Rockford and Watertown. Under the provisions of the cooperative agreement each member municipality shall appoint a director to the commission and an alternate director. This appointment shall be approved by the Council of that municipality. Attached is a resolution appointing Jeff O'Neill as director and Cathy Shuman as the alternate director. B. ALTERNATIVE ACTIOKS: L Adopt Resolution No. 2007-103 appointing JeffO']\'eill as director to Cable Communications Commission and Cathy Shuman as alternate director. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: The City of Monticello is one of the original member cities of the Cable Commission and it is anticipated that the City will continue to be involve with the Cable Commission. It is the recommendation of the City Administrator that the appointment be made as provided for in thcjointagreement. D. SUPPORTING DATA: Resolution No. 20070-103 Council Agenda: 12/10/07 5G. Consideration ofnnal pavment to Authoritv Fence and Deck for headlil!ht screeniDl!: fence on River City Extreme site. (B.W.) A. REFERENCE AND BACKGROUND: On November 26th the City Council authorized Authority Fence and Deck to install a continuous 6-foottall white vinyl privacy fence on River City Extreme's property fOT the purpose of providing immediate headlight screening for lots i5 through 26 of block 4, Groveland 4th Addition. Authority Fence and Deck completed the installation on November 30,h and submitted an invoice on December 3rd for final payment in the amount of$33,800. A copy of this invoice is attached as supporting data. During delivery of the fence materials 12 white top tails were damaged. In order to complete the fence on November 30th, the day River City Extreme opened fOT business, Authority temporarily substituted 12 tan colored rails forthemi ssing white mils, Authority then ordered new white top rails and will replace the tan rails with the new white rails as soon as they are arrive, which Authority said should occur on Tuesday, December 11 tho Should Council approvc final payment to Authority tonight, staff will hold the check until the rails have been replaced. City staffinspected the fencc both during construction and following completion and found thc work to be satisfactory. The owners of River City Extreme inspected the fencc following installation and also found it to be satisfactory. As such River City Extreme will immediately assume all responsibilities associated with the maintenance and future removal of the fence, which will not occur until after tbe buffer trees have grown together enough to provide an effective headlight Sl1"een. As Council may recall, the owners of River City Extreme previously agreod to contributc up to $9,300 toward the cost offurnishing and installing the fence as they understand the fence provides a direct benefit to them, as well as their neighbors. However, they would not commit to making a contribution until after they have been in business long enough to understand their cash flow situation. As such staff will contact River City Extreme after they havc bcen open for 6-months to again discuss their contribution to the City for this fence. Any contribution they make will then be brought beforc Council for acceptance. B. ALTERNATlVEACTIONS: 1. Motion to approvc final payment to Authority Fencc and Deck, Inc. in the amount of$33,800. 2. Motion to deny final payment to Authority Fence and Deck, Inc. CounciIAgenda:J2/JO/07 C. STAFFRECOMMENDATIQX: Staff recommends that the City Council approve alternative action #1. D. SUPPORTING DATA: InvoiccfromAuthorityFenceandDeclc,Inc. UecO:;O/l'l:Cl4p Auttmily Fanm 3205S84M1 " 13341 AcadoA...f'lE "'-_.IIIN!l63Q _:7$3-818-251) Fax:71l:l-87&3on AUTHORITY Fence & Deck F:u:To: DEB@CITYOFMONTI Fax:: 763-295-4404 Ftoms Au\hority Fence & DecKs 0.-= December 3, 2007 .....- p-, Ra: FINAL FENCE INVOICE ee: Ourpnt X.ar......' OPl_e. .1.40nt XPlUOTfhpfJ O.......ec:ycl. GOOD AFTERNOON 8RUCE & DEB, HERE IS THE FINAL INVOICE FOR THE FENCE AT RIVER CllY EXTREME. WE PUT 4 CREWS Of MEN ON IT TO BEAT lHE SNOW AND FROST. WE RAN SHORT BY 12 WHITE RAILS AND THEY VV1Ll BE HERE BY DEC, 10,2007, WEWllllNSTALL THE FINAL RAILS THE DAYTHEYARRIVE, IF YOU HAVE ANY OUESTlONS PLEASE CONTACT ME AT 320-558-4488 OR ON MY CELL AT 612-598-4491. AGAIN, THANK YOU FOR THE OPPORTUNITY TO SERVE YOUl!! HAVEA GREAT OAY!!! SCOTT SYPNIESKI; QlNNER OF AUTHORITY FENCE & DECK lOCo CLEARWATER, MN ~ i ~ 0 . ..._...:t, . 0 ~ h.~ i . . i l:~f" . .! . . . - , ~ . f. . f I! ~ L . I \\ . 8 " - - S- O ~ ~ n~ ~ 2. " , ! ! c ~ r: !to '-" o ::!. ~~ ~ . >3" ~ . -. ~ ,--,,-W " .. "" . " 010", I' . !I ' 0 - , :" lD . y. ~ ~ 2 1II ll'> [::I 0 0 .m. . .0 C " , -~ . 8 . . z.. ~ ~- . ~.. z. \ . e 0- 10 c:.. i , i1 . '{ . i i . ~ ~ II 8 , , - I! 8 I . , I,i. --J . . ,m . . 8 uecu;;UfU4:U4p AtttIlrily ran<'" , . . =~Jll4441 " [U ~ uecU;JU(L\'l:l.l4p u 0 co -.c . . ~- . . ! ,3"' .. c_ o . <II c.: .0 < i .. ~ ~ 0- ~E:;; '< 0 a- . . - , '1.'-' . . . . '0 " . , ~H , , . ! . . a . , a , a o , . . I . f a H ., di -I' -Ii "0' . - . AlJhlrrty ~erm .' 3<U:':'84441 - . . H~' ~. :;t~' ::f ::: 8'8':3 ~ I H ~ ~' ::! R ~ ... . i - . ! " . . . . . ~ . . I j ~ i ~ . < , . . . ~ ~ ;e ~ o . ueCV",UILI4-L14P AUl"'nty cenr:e ~UO~tl4441 Autbority Fence & Oecks,Inc. 1295 County Rd15 ClcarwMet,MN 55320 Bino Ci\)'ofMonticcllo 'O:lWaJ.IlI-Stnet $>Ill<: ~l Mcn<ia:U...M:t'I :1:1362 ~.O,Numbe' Terrn$ OUeoa"",cipl Q\lllllllly l\emC_ ,,. FK72-9:!-W '" 2~.W ,,. nl23UC.W ". 2194$A1 'M lIITG<l9-W ,~ ~SIOBt(.Wll; ,~ ~SDJ'CS.-W Oisoouol 272C<>n<:n:to Utlnsull " Sl1lpTo Cllyor'Mmioollo ~o~ Wob>uLSl>e<:1 Soilen Mmti<dln,MN 55)62 ... Ship F.O_B. ~. ., willai.1l ll111r.lOO7 Ougipt;on QUOl1Sl'ORUtLn-;EI\JU'!,:IITOff'ENCE;WJltra FltANKLTNW/.270WAU.rOSfS PriC<!Each f'rnrlklin72H9SW""ct;on"hiIO De!inill'2x"h<96,.;i-wbilc TIlGu..a.unr.:ll23W-w~i\O lklinity.l"m/ph-.i""....~4.lW 11.3"x60HT&Gl'ickolWlril<: SSI08r....vyw,1JJpcmilcwhilo S'domo "P"~'" ,"- 2007M1.!NIClPA1DlSCOLINT coocmeloPOll$lplOS In>lall..;onlLibor A,nhorilyl'cn'c& Ded<s";llprovK\<obovcp"'jlXlincludioB .-....:riw,..loslN,ot>dhdlo,I;,,$Jl,HOO,OO<<>mpldcl^"'t oh_. hm.bo>'o ,aaIoocI~"~'....u;';.S ,><Ira ,..",iol. ,,"'ill bcbi1l,d"<:urr<:I>I_~pri""uPO"CO"'l'lotl<l"Orp",j,oo. W_yMo.<i<clIoC;l)'Engincco' MNSolcsT.,. "Th.,,:.:..<ro<l/I.eopportllnil)'t<lquQle)'O",proje<:lll Total Dale 1lmno07 216.00 '.00 '.00 '.00 '.00 ~1.12 S.~8 .20.00% 3090 1.976' .ro 6.'0% ., Invoice Illyoi<;e1' 27Qo163 Pr!ljact aowiillgalIOJ'f.."" Amount 23.l2!.00T O.OOT MOT ..~ o.oO"r 6.M2.~T /iM).92T 30.611.00 .6.126.lQ 1.06(l,80T 6."2.64 u_oo 1.661.76 $13,SOO,OO Council Agenda: 12/10/07 SH. Consideration of allllrovim! membershiD in the Coalition of Greater Minnesota Cities. A. REFEREN"CE AND BACKGROUND: Atlached is information about the Coalition of Greater Minnesota Cities. The Coalition's focus as far as lobbying is to work for policies to protect and promote citie singreater Minnesota. The Coalition of Greater Minnesota Cities is encouraging cities in the greater Minnesota area to become involved in thcir organization. The incentive for participlltion is a reduced membership fee (a 50"10 reduction). If the Council concurs with the philosophy of this organization, the City may want to look at becoming a member. Currently the League of Minnesota Cities provides some lobbying efforts on behalf of its member cities. Monticello is also a member of the Coalition of Utility Cities which lobbies on behalf of those communities where utility facilities are situated. If the Council feels these lobbying efforts are sufficient and thero is no need for lobbying efforts specifically geared to cities in greaterMinn esota, there would be no need to consider this membership any further at this time. A.I Budl!"et ImDact: The 2008 membership dues, after discount, are $7,627. The 2008 budget does notinc1ude dnes for this organi7.ation. A.2 StaffImDact: None A.3 Council Priority: I do not believe this has been discussed by the full Council and whether the Council deems it apriority. B. ALTERNATIVE ACTIONS: I. If the Council feels the additional lobbying efforts and other benefits provide dbythe Coalition ofGreatcr Minnesota is something that would be beneficial to the City of Monticello, the Council could approve membership in this organization for 2008 and specifY the funding source for the membership fee of$7,627. 2. The Council could not approve the City becoming a member of the Coalition of Greater Minnesota Cities at this time. C. STAFF RECOMMENDATION: As this is ultimately a Council decision, there is no staff recommendation. D. SUPPORTING DATA: Infonnation from the Coalition of Greater Minnesota Cities. Dedicated to a Strong Greater Minnesota MEMORANDUM TO: Mr. JeffO'l\eill,City Administratol' CityofMonlicello i"rom: ScotlHmchins,CG\lCTreasurer Date: Novcmher26,2007 RE: Membership Incentive-Diseonnt Dues The CCiMC membership voted to offer a special membership nile for cities that have not been members ofol.lr orgal1ization fOTlhepasl live years or more. Undcrthisratesehedule,eilie> rejoining the CGMC will pay 50% 01' Ihe regular dnes in 2008, 75% in 2009, and the full cost in 2010. --._---------._----~----._----"----------------------------._-----------. 2008 Regular Membership Dues fol' the City of Monticello $15,254 This is for research, advoeaey and general sel'vices related to jJwpert y taxes,LGA, annexation, enviromnenta] regulation and funding, eeononJ ic development and transportalion. Less 2001; Diseounl p,627 2008 Dues after Discount S7fi21 Payment may bc made out of' your 2007 or 200R budgets, but payment should be made hy Februaryl,200g. About 24% ofyollr assessment is used for annexation and enVil'OlUllenl programs, which some eities payout ofthcir lltilityfllndsbeealL',eo fthe direct impact oJ'thesc issues on their sewer and water service. lfyol.ldecide lojoin now and pay in February, please Ict us know so We ~an add you to our communications list immediately. Plea~e make eheek [layable to CGMC and send to: Scott Hutchins, CG.\1C Treasurer CityofMourhead 500 Cenler Avcnue, Box 779 Moorhead, MN 56560 If you have a questioll about your lOOg special COMC due~ assessment or about COMC's legislative programs. please call Bradley Peter~on at (651) 259-]91 lor conlact him bye-mail at bIllPeterso!l.'iL!lahertY-hood_,~olll, cc: l\'layor Clint Herhsl Knowledgeable, and Strong Lobbying: Fending off the sharks No one else stand~_l.Ip for greater Minnesota cities. Minneapolis, St. Paul, the Association of Metropolitan Municipalities, and many ~uburbs aU had paid lobb}i~ts before the COMe. Tn fact, the paid professional lobbying presence oithe metro are~ local governments at the Capitol has 11'<lditional1y outweighed the lobbying of greater Minnesota by lour or live times - both in terms of the number ol'lobbyists and the amount ofmone)' sf1<;'nt on lobbying. Before the COMe there was no unified voice for greater Minnesota at the Capitol. Policy Analysis: Knowing the numbers The CGMe progrum is effective because it iR based on facts, analysis and policy advocacy_ The CGMC philosophy is thal city of1lcials, Jegislators and the public should know and understand the impact oI'1egislation being considered and know the impact of the legislation once it is passed. Therefore, the COMe developed a property tax modclto better inl'orm everyone about the impacts of legislation, This model provides objective and accurate information that is frequently contrary to the claims mad" by governors, legislaturs, and spedal interest groups. Members: The keys to success GCMC is what il is because of its members. Mayors, council members, and city administrators are involved in every aspect ofCGMC's public policy program from policy formation to lobbying at the capitoL l:1timatcly COMe is successful because of the work city officials do. City members have an immeasurable impact on public policy byattcnding pcnodic lobby days at the Capitol,respon ding to action alerts from s(aft",tcsti(yingin front of committees and keeping in close contael with legislators. Staff: Close when you can't be It i, extremely difficult for city officials from greater Minneseta, on their own, to have a presence at the Capitol simply because 0(' (he distance from the Capitol. lt is tar easier for a mayor trom Edina Or Minneapolis to visit the Capitol than a mayor trom Worthington, Alexandria, or International Falls. COMC offices are located \vithin blocks orthe Capitol, and staff are at the Capitol on a daily basis dllring the legislative session. Ihis proximity has allowed COMC staff to ~trengthcn relationships with key lawmakers. Media: More than just a press release COMe understands that a crucial component to good Iobb)'ing str"tegy is a strong media presence that hclps build public support and keeps members informed. The CGMC is in regular contact with editor~ and reporters throllghout the state. The CUMC is vcry successful at gerting our message out through gucst columns, leLters to the editor, and quotes in stones in newspapers throughom MiImesota. Legislators pay attention to the neViS trom back home and we make sure they arc hearing our message loud and clear. Prepared/or ,h~ Coaltlion ojUrealer MinnesOla Cilies by Flaherty & I!{)"J, P,A, June 11, 2007 cgmcinj/)o~ajlai'er/y-h()()dcom CGMC: 30 Years of Legislative Advocacy COMe's successful advocacy program provides significant bencfils to cities throughout greater Minnesota: Local Government Aid (LGA)lProperty Tax Relief . Oppose cuts, whenever pn)poscd, to LGA . Mobilize legislative suppon and public opinion for LOA . Figh! fora fair, ra!ional and sw;tainable LGA formula Annexation . Promotc bdtcr land USe and zoning controls in areas surrounding cities . Addressenvironmenl<llissuesrelaledtourbansprawlinto\',nshipsandunorganizedterritorie~ . Prevent efforls by rO'Wl1Ships to reinstate the elcclion requirem ent and other obstacles 10 annexation, includingannexarionmoratoriums Economic Development . Support the enhancement and expansion of economic development and redevelopment tools for greater Minnesota . Fund economic development and redevelopment grant programs Environment . Support environmentalrcgulations that are baseu on sound scienec . Eduealelegi~latorsonenvirorunentalissuesfacinggreaterMinnesotacities . Promote fair mechanisms {or paying for envirorunental prognulls Transportation . Develop comprchensive legislation to fund highways and transit . fight for il fair distribution of transportation dojJar~ between the metro area and greater Minnesota CGMC's Success is based on: Active Membership CGMC member8: . Setpolicy Pro-Active Strategy . Educaieandsolicit supportfromcandidaies . Lobby at the CapitoJ . BuiJdcoalitions Professional and Technical Assistance TheCGMC: . Maintain:;strongpoJicy analysis . L'segoodinformation . Initiate legislation . Maintains professional lobbying and Illedia servICes . Maintainaconsistcnt message . Conduct media outreach Prepared};,r /he Coalili()n ojGreale,. Minneso/e Cili"s hy Flaherry & Hood. PA. June 12, 1007 cgmc;,.!fi>"ijlaherly.hoodcom Dedicated to a Strong Greater Minnesota - November 26, 20(}7 Mayor Clint Herbst City of Monticello 505 Walnut Avenue, Suite I Momieello,MN 55362 Dear Mayor Herbst: Greater Minnesota cities are in a tough position right now, and as the president ofthc Co"'ition ofOreatcr Minnesota Cities (COMe), 1 am asking for your help. There are forces at the Capitol threatening non-metro parts of the state hy undemlining the ne"d for the Local Government Aid (LGA) program, suppurting a freeze on local levies, trying to take ovcr ee<Jnomie development programs developed for rural Minnesota and weakening other prognlms that help Our eommlmities. That i, why I am writillg you. [would like to invite you and the City of Monti celio to rejoin COMe, which is as you know 'In organization with a strong lletwork of mayors and city officials working at !he Capitol to strengthCll cities lllGreaterMinnesota. As amember-dnven organization, CGMC is recognized as greater Minnesota's strongest advocate. We are the mosteffeetive eity advocacy group at the State Capitol,but as the populationbascinthestateshifl~fromruralarcastothemetroarea,wehaveagreaterneedlhan ever to broaden our member~hip base. I'or that reason, we are offerillg former members a special dlles schedule that will allow eities to joill CGMC at a reduced rate aod enable them to See first hand the benefits ofbelongillgto oura.lsociation. We need your membership in order to enhance and preserve programs thut have strengthened AlL areas ufthe Slate, but we are up against strong opposition. The suburbs arc flexillg their muscles, so we need to increase our nwnbers to counter this attack. We also have to prepare for redistricting, sillee the T'Win Cities metropolitan area will gain cvcn mme legislative seats in 2012. In particular, we are concerned about the dircetioll ill which other city groups are moving in regard to property tax relief With suburban cities in the lead, tbese cily organizations have developed a new LeiA (lmnula that includes a separate pot of money for metropolitan ~ities. This proposal directs a greater share of LOA funding to the metro area, but even worse, it undermines the rationale behind the formula, making it easier to eliminate LOA in the future. Mayor Clint Herbsl City of Monticello Novcmber 26, 2007 Page Two The problem with the ;'I.1ctro Cities formula is that it has no relation to needed city revenue. It L~ basedmoreonpopulationundlessontheabi]jtyofcitiestopro\~deservices to thcir residents. This would create, rather than reduce, inequities betwcen cities llnd make the fonnula less defensible. Most cities in grcater Minnesota would lose out in the long run if part of the LOA program became based on pnpulation instead of tax base. Ifyouareasconcern~daboutthisa<;larn,lhopeyouandyourcDuncilwilleonsiderrejoining COMe, a non-profit, non-parlisan advocacy group of71 membcr cities. Every additional member city increases our chances of passing a balanced LGA fonnula fair to greatcr Minnesota communitics, and as a member, you will strengthen our etforts in working for formula changes that reduce disparities among all cities, not just metro cities. CGMC not only has an effective advocacy program on LGA, we also work on other is~ues including annexation, transportation, economic devclopmeot and envi ronmcntalregulations, which you can read about in "CGMC: 30 Years of Legislative Advocacy", which is included in thi~ packet. Our communications nctwork i8 exceptional, supplying member cities with the information needed to respond to actions taken at the Capitol. We also offcr our m~mbers the opportunity to get tngetller at least tl1re~ times a year to meet legislative leaders, members of the administration and others who aff~ct our cities. A strong core of mayors, council members and admil1istrators also travel tllthe Capitol on a regular basis to work On tbe behalfofme mbereities. Best of all, we have an experienced policy analyst ,)n staff who will provide YllU with the up-to- date data needed to se~ tl1e impact of pwp()8ed legislative programs ()n ?vlontieello, not just cities in generaL Thi~ is a benefit that no other city organization can (lffer to its membeT:S. Again, I urge you to consider rejoining the Coalition of Greater Minnesota Cities in order to take partin a great network of city officials working logether to have a positiv e impact on the Legislaturc and state agencies. Your f~~~ will be reduced to 50% oftbe regular eost of dues the first year of member~bip, 75% the second year, aDd the full cost the third year. If you are happy with the dircction We are taking and the rcsults yOll are gettin g,I'msureyou ""ill want to stay involved by the time the cost goes up to the full amount charged other member eitie~. This year, your dues would normany' be $15,254, but it will rmly cost S7,627, which is a great bargain considering the impact it could have on y'ou.. community. \1ayorClinlHerbsl City of Monticello :>-lovember 26, 2007 Page Three If you have any questions, please contact Bradley Peterson at(65I) 259-1 911 or by e-mail at b1l1petcr~on(Q)f1ahcrlv"hood_com. We are looking forward to hearing from you. Sincerely, - rhomas A. Kuntz, Mayor of Owatonna and President, Coalition of Greater Mimlesota Cities Enclosure~ cc: Jeff O'Neill, City Administrator CityCounciIAgenda-12110f07 5J. Consideration to aDDrOVe the uDDointment of commission members to the Monticello Economic Development Authority (EDA) and the terms of the non-Council memhers. (OK) A. Reference and backl!round: I) Budget Impact: Not Applicable. 2) Stafflmpact:Preparationtime. 3) Priority List: Council priority and authorization. Within the amended and ,estated resolution enabling the creation of the City of Monticello Economic Development Authority; superceding Ordinance No. 172, the City Council approved an EDA composed of,even members to be appointed by the Mayor and confirmed by the City Council. Two members shall be members of the City Council and shall coincide with their terms of office as members for the City Council. The remaining five members shall initially be appointed fortenns of one, two, three, four, and fiw years and thercafter the non -Council members shall be appointed for six-year tcnns. Therefore, before tbe Council is the collsideration to appoint seven members to the EDA and to appoint the terms ofthe non- Council members. Of the five non-Council members at least three members shall be city residents and not more than two members may be nonresidents of the City, provided that such members own a business and own property in the City. At a special City Council meeting on December 5, the Mayor and four councilmembcrs interviewed two candidates, Bill Tapper and Bob Viering, for non-council member positions on thc EDA. Council members concluded they were pleased with the quality/expertise ofthe candidates interviewed and saw no need for further advertising. They viewed the candidates as intelligent and that they would add diversity and fresh ideas to the EDA. Tapper a non- resident and owner of two businesses and two properties, Genereux Fine Wood Products and Westlund Distributing. Vieringaresident. At the special meeting, Mayor Herbst expressed he felt it was important for the Mayor to be one oflhe two Council members on the EDA. Currently, Council members Tom Perrault and Wayne Mayer serve on lheEDA. Previously, the Council had polled the remaining four HRA and EDA commissioners as to their interest to be considered for appointment on the re~tated EDA. Bill Fair, Dan Frie, and Bill Demel1les responded they were interested. Fair and Frie are residents. Demeules is a non- resident and business and property O1,l;'ller of Standard Iron & Wireworks, lnc. CityCouneilAgenda-12/10/07 Applying the current tcnns of the remaining HRA and EDA commissioners and following the interviews and discussion, the Council members agreed 10 present the following list of names for appointment as commissioners to the EDA consistent with the requirements of the Enabling Resolution, Section 2. Enabling Authority. This to be placed on the consent agenda oithe December 10 meeting of the City CounciL B. Alternative Aetion: 1. The Mayor appoints the following seven members to the Monticello Economic Development Authority and confirmed by the City Council. Non-Council Aopointments Resident/non-resident T,~ DlUlFrie BiUTapper BobViering Bill Fair Bill Demeules Resident Non-resident Resident Resident Non-resident 12/2008 (one-year) 12(2009 (two-year) 12/2010 (three-year) 12/2011 (four-year) 12/2012 (five-year) Council Aooointments Coincides with Council Tcnn Clint Herost Wayne Mayer l2!2008 12/2008 C. Recommendation: Since the enabling resolution creating the EDA states the Mayor appoints the EDA commissioners with confirmation by the Council members, no recommendation is providoo by city staff The item is written consistent with the discussion and conclusion of the special meeting of the Council, December 5, 2007. D. SUDDortin!!:Datll: None. City Council Agenda 12/10/07 5K. Consideration to approve the Final Plat of Monticello Business Center 6'"' Addition. Applicant: Ouad Developmeut (NAC/AS) ~ REFERENCE AND BACKGROUND Quad Development is seeking Final Plat approval for Monticello Business Center 6th Addition, which is Phase iT of a ffil.llti-tenant office complex. The Preliminary Plat and Development Stage PUD for Phase I were approved by the City in August, 2007. The Final Plat for the 5th Addition was approved by the City Council in October of2007. A Concept Stage approval was also given to the entire site at that time. The entire site, including Phase II, is 4.5 acres in sileo The underlying zoning is B-4, Regional Business. At this time, the applicant is proposing to plat the site as Lot I, Block I of the Monticello Business Center 6th Addition. Thc proposed Final Plat for Phase 11 includes the construction of Building Four. The proposed Final Plat is consistent with the Preliminary Plat previously approved by the City. Council will note that all of Outlot A is Drainage and Utility Easement. As a commercial plat, the devcloperis proposing a common area around each of the five buildings proposed . Each of the five buildings will sit on a separate lot. The entire area surrounding these lots will remain drainage and utility easement, satisfying the 6' and 12' perimeter lot and plat reqnirements. Staffrecommends minor revisions to correct typograpmcal errors on the west b oundaryline. Staff and the applicant have reviewed utility services for the property, which will include pl.lbIic water and sanitary scwer (no public streets). The securities for thc public improvements and for site grading, restoration and landscaping were supplied with the final platting of the 5 '" Addition and cover the entire prelirninary platted area. A draft development has been included as supporting data. B. AL TERNA TIVE ACTIONS 1. Motion to approve the final plat and development agreement for Monticello Business Center 6th Addition, based on a finding that it is consistent with the Preliminary Plat and the performance standards of the B-4, Regional Business, District, subjecl to the minor revi sions as notcd in the Council report of 12/l0/07. 2. Motion to deny the final plat and development agreement for Monticello Business Center 6th Addition. based on a finding that the plat is not coosistentwith the Pre liminaryPiatandthe performance standards of the B-4, Regional Business, District. 3. Motion of other. Planning Commission Agenda - 10101/07 C. STAFFRECOMMENDATlON The City Administrator recommends alternative 1 above, based on staff's finding that the plat is consistent with the Preliminary Plat and the standards of the B-4 District. D. SUPPORTING DATA A. Final Plat B. Draft Development Agreement , _,_--,~"--'_.'-"<'.'-- I I , , , ... , 11 ~ i~~ ! ' , i ; ! .! . ! " I I , ~. " .. H " , 'r !. ,. .. ,. '. 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""-00;; I HO ,,<: ('''m,dfo,=~,d",gi,""'''''''i<mi DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT (Devoloperlnslolledlmprovcmenl5) MONTICELLO BUSINESS CENTER (/h ADDITION AGREEMENT dated ,2007, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City"), and QUAD DEVELOPMENT., a Minnesota Limited Liability Corporalion Ot its assigns (the "Devclopet"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for MONTICELLO BUSINESS CENTER 6'" ADDITION (refen-ed to in this Contract as the "plats" and the "Development") one (1) cowmerciallot. The land is situated in the County of Wright, State of Minnesota, and is legally described on the attached Exhibit "A". 2. CONDITIONS OF APPROVAL. The City hereby approves the development on condition that the DevelDper enter into this Contract, furnish the security required by it, and reoord the plats with the County Recorder or Registrar of Titles within 365 days after the City Council approves the fInal plats Dr the e"ecution o[this -- ContraCl, whichever occurs later. 3. CONDmON FOR SUBSEQUENT APPROVALS. No final plat for changes or amendments to this Development Agreement shall be approved, nor shall construction commence for such additional I anduses,until an amendment of the Development Agreement is processed and approved, subject to the requirements of the Monticello ZoningandSubdivisionOrdinances. 4. RIGHT TO PROCEED. Within the plats or land to be platted. the Developer may not construct sewer lines. water lines, streets, utilities, public or private improvements, or any buildings until all the following 1OJ4<)4.\17 1~'U9mJ conditionshavebeensatistled: I) this agreement has been fully executed by hoth parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has ken submitted to the Wright County Recorder's Office, and4) the City has issued a letter that all conditions have heen satisfied and that the Developermay proceed. 5. PHASED DEVELOPMENT. The development is a multi-phased preliminary plat, and the City may refuse to approve final plat~ of subscquent phases if the Developer has breached this Contract and the breach has not been remedied. Development of ~ubsequcnt phases may not proceed until the City approves Development Contract~forsuchphase~. 6. CHANGES IN OFFlCIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density,lot size, lot layout or dedications ofthc approved plat untess requiredbysl&t eor federal law or agreed to in writing by the City and the Developer. Thercaficr, notwith~taruling anything in this Contract to the contrary, to the full extent pennitled by state law, the City may require compliance with any amendments to the City's Comprehensive p,," 7. ZONING. Except as otherwise provided herein, the subject property shall be subject to the zoning regulations [onhe Planned Unit Development District and the requirements and standards of the commercial district in elfect atthetimethe final plat Is approved, as they apply to conunercial buildings. 1ft here is a conflict among thcsc regulations, thc conflict shall be resolved in thc order listed below withitemnumher one being primary: (1) Planned Unit Development Agreement [this document]. (2) Planned Unit DcvelopmentZoningDistrict Regulations (3) B-4Zoning Dislrict Regulations 8. DESIGN STANDARDS. The applicable Zoning District Regu\alions are equal to thosc sel forth intheB-4ZoningDistrictRegulation, except as modified herein. 9. DEVELOPME:-lT PLANS. The Development shan be developed in accordance with the plans submitted for conditional use pennit review and approved ("Approved Development Plans") as follows: Preliminary Plat- Monticello Business Center 5~ Addition Approved8/27!07 IOJ4~.07 10;09.'03 , Planned Unit Development- Monticello Business Center S", Addition Approved 8/27/07 10. IMPROVEMENTS. Consistent with the agreement and security supplied with the fIlllil plat of Monticello Bus;ness Center 5'" Addition, the Developer shall install and pay for the following: A. Sanitary Sewer System B. WatcrSystem C. Storm Sewer System D. Pathways and Sidewalk< E. Concrete Curb and Gutter , Park;ngLot L;ghts G. SiteGrading,andErosionControl H. UndergrOlUldLtililies , Setting of Iron Monumems , Surveying and Staking The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities construction; and any Olher ordinances. The improvements shall be in "ccordance with improvements to the property as shown on submitted and approved documents. The Developer shall submit plans and specifications which have been prepared by a compctent registered professiolllil engineer to the City for approval by the City Eng;neer. The City may, at the City's discretion and at the Developer's expense, have one or more City inspectOI1l and a so;! engineer inspect the work for public improvements on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all written instructions rcceived [rom the City's inspectors subject to Developer', plans and spocifications.lbe Developer's engineer shall provide for on-site projcct management. The Developer's engineer is responsible for design changes and contract administration behveen the Dcveloper and the Developer's contractor. The Developer or his engineer shall schedule a pre-constructiorl meeting at a mutually agreeablc time at the City Council chambers with all pEUties concerned, including the City staff, to review the program for the lOJ4{J4.l17 IQ'<J9..m ; construction work Within thirty (30) days after the completion of the improvements and before the socurity is reieased, the Developer shan supply the City with a complete set of reproducible "as constructoo" pians, an electronic fiie of the "as constructed" plans In an auto CAD.DWG file or a .DXF file, and two complete sets of blue line "", constructed" plans, ail prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monlllllents for all lot comers lllJJSt be compietoo before the applicable security is re1eased. The Developer's surveyorshnii aiso submit a written notice to the City certifying that the monuments have been installed. 11. PERMITS. The Developer shall obtain or require its contracton; and subcontractors to obtain ali necessary permits, indudingbut not limitooto, . Wright COWlty for COWlty Road Access and Work in County Rights-of-Way . Wright County Soii Conservation District . Minnesota Departrnentof HeaUh for Watennains . NPDES Permit for Stormwater ConnoctioDS . MPCA for Sanitary Sewer and Hazardous :Matcrial Removal and Disposal . DNR for Dewatering . City of Monticello for Buiiding Permit, 12. DEWATERING. Due to the variabie nature of groundwater leveis and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractor, re~ponsibility to satisfy themselves with regard to the clcvation ofgrOlmdwater in the area and the level of efT on needcd to perform dewatering and storm flow routing operations. All dewatering shall be in aecerdancc with all applieable county, state, and fcderairuies and reguiations. DNR regulations regarding appropriations permits shall al~o be strictly followed. 13. TIME OF PERFORMAl'\CE. TIle Developer shall install all required public improvemCllts by August 30'" of tbe year following the year ofre<:ording of the final pial. The Developer may, however, request an extensiolloftimefmmtbe City. Ifan extension is granted, it shall be conditi oned upon updaring the security posted by the Developer to reflect eost incrcases and the extendoo complction date. 14. LICENSE. The Developer hereby grants the City, its agents, employees, offLcers and oontractors a Iiceru;eto enter the plattoo pmpertyto perfonn all work and inspections deemedappm priatebytheCityinconjunction with plat development. Jm404.07 W..U~"'OJ , IS. "ROSTON CONTROL, STORMW ATER CONTROL AND STREET CLEANLP. Prior to initiating site grading, an erosioll control plall shall he implernente dbytheDeveloperandinspe<;tedalld approved by the City. The Developer shall clean dirt and debris from streets that has resulted from site and construction work in the Development by the Developer or any otherperson or entity. The Developer shall comply with all City ordinances andpo1icies "" related to erosion control and prevention . The parties recognize that time is of the essence in controlling erosion, If the Developer does not comply w ith the erosion control plan and schedule or supplementary instructions received from the City, or repeatedly fails to clean and sweep streets, and such noncompHanceorfaiinreisnotcnredafterten(lO)husinessdays'noticetoDeveloper, the City may take such action as it deems appropriate, including thc performance of the necessary workbyCi tystafforoontrnctingtohave it performed. Charges incurred with the enforcement of erosion control are the responsibility of the developer. No site and construction work will be allowed and nO building permits will be issned unless the development is in full compliance with the approved erosion control plan and storm water control measures are in place, 16. OWNERSHIP OF I.vtPROVEMENTS. Upon completion of the work and construction required by this Contract, the water mains and valves and the sanitary sewer mains, manholes and casting improvements lying within public easements shall become City property without further notice or action. "100 storm sewer, parking lot lighting and individual water and sanitary sewer services are privately owned and maintained, 17. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been perli:mned, the sums due th~"lll have not been paid, and the laborers, materialmen, Or others are seeking payment from the City, the Devcloper hereby authorizes the City to commence an hrteIpleader action pcm;uant to Rnle 22, Minnesota Rules of Ci,il Procedure for thc District Courts, to draw upon the lelters of credit in an amonnt up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon snchdeposit, lhe Developer shall release, discharge, and dismiss the City fro m any further proceedings as il pertains to the letters of credit deposited with the District Conrt, except that the Conrt shall retain jurisdiction to determine atlomeys' fees pursuant to this Contract. 18. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area clmrge. 1034001.07 IM19i03 , The storm sewer arca charge Mllill be p"id On " per unit b"sis "tthe time ofthei:;:;uan ee of building permit.. The tota.lchargeshallbeadjustedtorefle<:ttheperacrerateinefTe<:tatthetimeofthe;<<uanceofeachbuildingpermit. One fifth (l/5) of thc trunk eo:;ts for Outlot A, which are calculated on an area ba:;is, will be applied to each of the five building permits for each of the proposed buildings. 1be development is a multi.pha:;ed preliminary plat, and this provision shall apply to all future phases. 19. SANITARY SE'WF,R AREA CHARGE. The Development is subject to a sanitary sewer""", charge. The total s.anitary sewer area charge shall be paid on a per unit basis at the t ime of the issuance of building pennits. Thc total charge shall be adjusted to reflect the per acre mte in efTect at the time oftheiss uaneeofeach building permit. One fifth (l/5) of the trunk costs for Outlot A, which are calculated on an area basis, will he applied to each of the five building permits for each of the proposed buildings. The development is a multi-phased preliminary plat, and this provision shall apply to all future phases. 20. WATER MAL."l AREA CHARGE. The Development is ,ubje<:tto a water main area charge. The total water main area charge shall be paid on a per unit basis at the time of the is,uance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the i<<uance of each building permit. One fifth (1/5) of the trunk costs for Outlot A, which are calculated on an area. basis, w;U be applied to e"chofthe five buildingpcrmit> for ,,"ch of the proposed building" The development is a multi-pha,ed prelirninary plat, and this provision shall apply to all future phases. 21. SUMMARY OF SECURITY REQUIREMEJ'j,S. To guarantee compliance with the terms of this agreement, payment of the costs of all public improvements, construction of all public improvements, and completion of landscaping and lighting perthe planned unit development, the Developer has furnished the City with a letter of credit, in the form attached hereto, from a bank ("security") for $107,830..00 to cover the improvements of the entire preliminary platted area shown with Monticello Busine<< Center 5"' Addition. The security was furnished with the final plat and development agreement for Monticello Business Center 5"' Additioll. 100 amount of the ,ecuritywasca1culatedastoUows: WJ404.U7 Inm?/Q.1 , CONSTRUCTIO.:-; COSTS: Sanitary Sewer Watennain $ 30,255.00 $ 27,845.00 $ 23,\64.00 $ 3,500.00 $ 84,764.00 $ 1,500.00 $86;264.00 $107,830.00 Landscaping Site Lighting CONSTRUCTIO~' SLB-ToTAL OTHER COSTS: Lot Comers/Iron Monuments ($300.00x5) TOTAL COSTS TOTAL SECURITIES: Total Costs X 125% This breakdown is for historical refcrcncc; it is not a restriction on the use of the sccurity. The bank shall be subject to the approval ofthc Cily Administrator. Thc security shall be for an automatically renewing tenn. [ndi\~dllillsecurity instruments may be for >horter terms prmided they are automalically renewed on an annual basis until expiration. The City may draw down the security, with 30 days written notice to Developer, for any violation of the terms of this Omtmct or if the security is allowed to lapse prior to the end of the required term If lhe required public improvemenls are not completed at least thirty (30) da)'l' prior to the renewal of the security, the City may als(} draw it down. Ifthe security is drawn down, the proceeds shall be used to curethedefau\t. Upon receipl ofproofsatisfuclOry to tile City lhat work has been eompleled and fInancial obligations 10 the City have been satisfied, wilh City approval the security may be reduced from time to time by ninety percent (9D%) of the financial obligations that have been satisfI~'Ii. Ten per~enl (10%) of the amollllts ~erti:fied by the Developer's engineer shall be retained as securily until all improvements have been c(}mpleted, all :financial obligations to the City satisfied, the required "as constructed" plans have been received by the City,a warranty security is provided, and the public improve mentsareacceptedbytheCity Council. TheCityslandardspeciflcationsforutilitiesconstructionout\ineproceduresf(}r security reduclioru;. Priort(} City COlIOci\ approval ofthe final plat, the Developer shall furnish a b(}lIIldary survey (}fthe proposed property to be platted with an property corner monumentation in place and lllarked with lath and a flag:. Any encroachments on or adjacent to the property >hall be noted on the survey. The Developer shall posta socurity for the final placement of interior suhdi~ision iron ffi[lnuments at property com"",. The ,ecurity will bc held by the City until WJ4tJ4.07 IOiW..\l.l , the Developer's hmd sun~yor certifies that all irons have been set follo,^,ing site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a.pecific lot have eithe:rbeen found or set priortolhe issuance ofa buildingperrnit forthatlot. The landscaping security shall beretainedas.ecuritytoassurethatalltreesandothe:rveget ationhavebeen shown to sun,ive tor one year alter the date on which a cettificate ofoccu pancy for the last lot of this phase of the Development has been jgsued, and shall terminatc one (1) ycarafter the date of issuance of such certificate of occupancy. A .eparate letter of credit orcash securily in the ammmt of513,500.00 was supplied with Monticello Business Center S"Additionto secure grading and re.toralionefl'orts for the entire preliminary plalt edarea. The security also C(lvers the installation and replacement of the buffer yard in compliance with City ordinance. Tbis amount is calculated at follows: $3000;acrex4.5acres~$13,500.00 22, SUl\fJ\.lARY OF CASH REQUIREMENTS. The Developer has supplied with the [mal plat and development agreement forthe 5"' Addition a cash dep<lsit in the amount of$5,986.00 to secure the costs lor review of the record plat and plan documents for conformance to approved plans and review of construction plans and inspection of installed iroprovements. The cash security covers the review and inspection oflhe cntire preliminary platted area. I1le erosion control escrow deposit is set at $500 per lot. These amounts ar~ ,ubject (0 reconclliation al the lime of project completion. 23. SPECIAL PROYISIONS. The following special provi.ions shall apply to plat development: A The Developer i. required to submit the final plat in electronic format. The electronic format .hall be either AmoCAD.DWG file or a .DXf file. All a.-buill construction record dmwings (e.g., grading, uti];tie!, and .treet.o;) shall be in electronic format in accordance with standard City specifI.eations. The Developer shall also submit one complete set of reproducible conslruction plan. on Mylar. 24. RESPO:'<<SffiILITY FOR COSTS. lDJ404.U7 l~m9/03 " A. 1be Developer has provided a deposit for the review and inspection of the Development. The Developcr shall pay all actual documented costs in excess of the deposit incurred by it or the City i nconjunction with the development for City administratioll, legal,cngineeringand planning expenses incurredi n connection with approval and acceptance of the development and preparation of this Contracl. All expenses over the deposit will be billed at project completion. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or cost, incurred resulting from development, with the exception of any damages or costs resulting from the negligence or intentional acts ofthe C ityor its employees, agents Or contractor>. The Developer shall indemnify the City and its officers, employees, and agents for all cost" dillIillges, Or expenses which the City may payor incur in consequence ohuch claims, including attorncys' fees. C. The Developer shall reimburse the City for all reasonable costs incurred in thc enforcement of thi, Contract, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligatioru; for City services due under this Contract within thirty (30) days after receipt. Ifthcbillsarcnotpaidontime,theCitymay halt development and construction until the bills are paid in fulL Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. E. In addition to the charges referred to hereill, other customary fee.s maybeimposed,suchas but not limited to, building permit fees and Se'Ner and water access charges. 25. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hcrcunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, c:<cq>t in an emergency as reasonably derermined by thc City, is fIrst given notice of the work in dcfuult arnI the oppo rtunitytocure ,not less than thirty (30 days in advance. '1m' Contract is a licensc for the City to act, and it shall not be necessary lbrthe City to seek a COllrt order for permission to enter the land. 'When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole Or in part. ". MISCELLANEOUS. 1~.l4(J4.D7 Wi09.-m , A The Developer represents to the City thaL to the best of Developer's knowledge, the development complies with all county, metropolitan, state, lIIllI federal laws and regulations, including but not limited to: subdivisionordinancc"zoning ordinances, and environmental regulations. If the plat ceases to comply with county, metropolitan, ,tatc, and federal laws and regulations, the City may, at its option, after thirty (30) days notice and opportunity to cure to Developer refuse to allow construction or development work until the Developer doe, comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. 111ird parties shall havc no reconrse agaimt the Cityor Developer nnderthis Contra~1. C. Breach of the terms of thi, Contract by the Developer, after thirty (30) days notice and opportunilyto eurc, shall be grounds for denial of building perm;ts and a certificate 0 foccupancy. D. If any portion, section, ,nbsection, senlence,c1an,e, paragraph,orphraseofthisContract is foranyreasonheld invalid"nchdecision shall not affect the validity of the remaining portion 0 fthisContract. E. The action or inaction oftheCily Ot Develop~'1" shall not constitute a waiver or amendment to the provi,ions of this Contract. To be binding, amendment, or waivers ,hall be in writing, signed by the parties and approved by written resolution of the Cily Council. The City's or Developer's failure to promptly take legal action to enforce this Contract shall not be a waivcr or relcaw. F. TIlis Contra~1 shall mn with the land and may be recorded against the tide to the property. The Developer covenant, with the City, its snccesS<Jrs and assigns, that the Developer is well seized in fee title of the propcrty being final platted and/or has obtained consents to this Contract, in the fo nn attached herelo, from all parties who have an interest ill the property; lhat there are no unrecorded interest8 in thc property b eingf1nalplatled; and that thc Devcloper will inderrmify alld hold the Cityhannles:; for any breach of the foregoing co venants. G. The Developer may nOI assign this Contract without the written permission of the City COllIlcil. The Developer's obligationhcreundcr shall continue in full force and effect even if the Developer sells-a part or parts of the platted land. H. Devclopershall takeOllt lIIllI maintain orcanse to be taken out and maintained nntil six (G) months after thc Cily has accepted the public improvements, public liability and property damage insurance covering per:;onal injury, inclnding death, and claims for property damage which may arise out of Developer's workorlhe work 103404.G7 lo.-UWGJ w of its subcontractors orby one directly or indi=tly employed by any of them, Limits for bodily itljury and death shall be not less than $500,000.00 for Onc perwn and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occUlI'ence; ora combination single limitpoli cyof$l,Ooo,ooO.OOormore.Thc City shall be named as an additional irumred on the policy, and the Developer shall file with thc City a certificate evidencing coverage prior to the City signing the plat. lheoertificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance 1. Each right, power Or remedy herein conferred upon the City is cumulative and in addition to every other right, power Or rml<,dy, express or implied, now or hereafter arising, available to City,"t law or in equity, or Wlder any olheragreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right ro exercise at any time thcreafter any other ri ght, power or remedy. J. The stonn sewer system for the development shall be a privately maintained system. K. One (t) sanitary sewer service and one (1) water service, with one (1) water meter, ",iil be provided to each lot, not including condominillIlI lots, in the plm. Any other individual scrvicc is the rcsponsibility ofthedeve1oper. 27, WARRANTY. The Developer warrants all public improvements required to be constructed by it purslUlnt to this Contract against poor material and faulty workmanship. The warranty period for underground utilities i, two (2) years and shall commence following completion and acceptance by City Council. The Developer or its Contractors shail post maintenance bonds, in a form acceptable to the City, in the amount of twenty-five percent (25%) of final certified construction oosts to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developcruntil Ihe maintenance bond, are fumishedthe City or until the warrantypcriod expires, whichever tLrsl occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities construction identif y Ihe proeedure, for final acceptance of streets and utilities, 28. NOTICES. Required notices to the Developer shall be ill writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certilied mail at the following address: Quad Development c/o Scott Bllilders, 12 Division Street, Buffalo, MN 55313. Notices to the City shall be in writing and 103404.0J IU'lI'J,'OJ " shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address; Monticello City Han, 505 Walnut Street, Monticello, Minnesota 55362. Notices shall be effective upon delivery, ifhHnd delivered, or one (I) business day after the date of mailing, ifmailed, Either party may change its address for lIotiee pUl]Joses by notiee to theotherpa rty given in the rnannerprovided in this Paragraph, CITY OF MONTICELLO BY: Clintllerbst,Mayor (SEAL) AND JeffO'Neill,CityAdministrator STATE OF MINNESOTA ) (ss, COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this __ day of ,2007, by Clint Herbst and by Jetf O'Neill, the Mayor and City Administrator of me City of Monticello, a Minnesota munieipal cO'l'oration, on behalf of the corporation and pursuant to the authority granted by its CityCouneiL NOTARY PUBLIC DEVELOPER: QUAD DEVELOPMENT, LLC. BY: Its: 103404.0J IOI(I'),'UJ " STATE OF MINNESOTA ) (ss. COL0.lY OF ) The foregoing instrument was acknowledged before me this day of the of Quad Development, liability company under the laws of Minnesota, on behalf of the limited liability company_ ,2007,by LLC., a limited NOTARY PVBLlC DRAFTED BY, CiTY OF MONTICELLO 505WALNUTSTREET,STEl MO'>T1CELLO. MN 55362 AMS lO)4(l4,OJ IMl9iOl " IRREVOCABLE LETTER OF CREDIT '0. Date: TO: City of Monticello 505 Walnut Street Monticello,:\linnesota55362 Dear Sir orMadam: We hereby iSl;ue, for the occoum of lNameofDevelooor) and in your favor, our Irrevocable Leller of Credit in the amount of$ ,available toyoubyyourdraftdr.wllon.ighton the unden<igned b!lnk The draft must: oJ Bern the clause, "Drawu under Letter of Credit No. ,- .2 .of lNomeof Book) , b) Be signed by the Mayor or CIty Administrator of the City of Monticello. c) Be presented for p"l'1llentat IAddreSl;ofBank) ,onorhefore4:00p.m.onNo\'ombcr30.2007. This LetterofCreditshollautomaticatlyrenewforsuccessiveonc.y<:arterm.' unless, alleast forry-five (45) days prior to tho nexl annuat renowal dale (which shall he "lovembor 30 ofe!lch year), thc Bank ddi""" written nncice to the Monticello City Administtator that it intends to modify the tenus 01; or cancel, thi. Letter ofCrodil Wrill<:n nolice is dr""live ifsenl by certified mail. po;sIage prepaid, and deposited intheUS.Mail,atle",tforty-five (45) da)"prior to thenexl anrt ualrenewald.teaddressed as follow", Monticello City Administtator, Monticello City Hall, 505 Walnut Streel. Monticello, IvL'\I 55362, and is oeNolly rocoivedbytheCity^dmini"lratoratle!lslt~irty(30)dayspriortothcrL-ru:waldate. This LeltcrofCrcdit sets fort~ in full our understanding which ,hall nol iu any wa)' "" modified, amended, amplified, or limited by rcference to any document, instrument, (IT o~""em€nl, wheth", or nol referred to herein. Thi., Lett<:.- of Credit i. not as,i~'tlahlc. This i, not" Notation Lell<:.- of Credit. More than one draw may be made under this LenerofCredil. Thi. LL.,ter ofC",dit ,hall be govomed by the mo,t reconl revL,ion o[the Uniform Customs and Practice for Documentary Credit'-, International Chamber ofCommc",e Publication No. 500. We hereby "b""C that a draft drawn und", and in compliance with lhi, leIter of Credit shall be duly honored upon presonffition, BY: '" 103404.0J to,'09.'DJ " PROJ[CT: CERTIFICATE HOLDER: INSURED: ADDITIONAL II\SLR[D: AGE1\T: WORKf.RS'COMPE"ISATIOI\: Polic~'No. Eff."tlveDale: InxnranceCompany: CERTIFICATE OF INSURANCE CityofMoncicdlo 505 WaInul St:reel Montlcello,M1nnesota55362 CilyofMonticello EXp;fntionDate: COVERAGE - Workers' Compen;.alion, Statutory, GF.:."ERAL LIABIUTY: Policy:"!o. EII..tiv.Date, In.uran..Company, () Claim, Made Lnlrrs: [)1inimum] BOOily Injury and Dcalh: $500,()()()for(l1lepe""n Property Dama,,'O: $200,000 for cach occurrence -OR- Combination Slngle Lllnil Policy IOJ4l>4.0J IO,H"iOJ ExpiratiooDate: ()Occurrellce $1,OOO,OOOforeachoccurrence $I,OOO,OOOormare " COVERAGE PROVIDED: Operation,ofContraGlO" YES Operation,ofSuh-Ccntractor(Contingent): YES Does Personal Injury Include Claims Related lO Employment? YES CornpleledOperation,iProduol" YES ContractuaILiabihty (Bmad Forrn): YES Governmentallmmunily i. Waived, YES PropenyDamageLiabilitylnc1ude" DlltllageDueto Bt..ting DIltll.geDuelOCollap," DIltll.ge Due lO Underground Faciliu" Broad Fonn PropenyDamage YE; m m YE; AUTO:\toBD.E LIABILITY: Pu1ieyNo. F.ffecliveDate: Expiration Date: In,uraneeCompany: (X)A.nyAuto LIMITS: [Minimum] BodilyInjury: S500,000eachperson PropcrtyDlIlllilge: $500,000 esch occurrence SLOOO,OOOeachoccurrencc ",R~ Combined Single Limil Policy, $1,000,000 oach OCcurrellCe ARE ANY DEDUCTIBLES APPLICABLE TO BODILY I:'IIJURY OR MOPERn' DAMAGE 01\ ANY OF THE ABOVE COVERAGES: lho,li,t Amoont: $ [Nol lO exceed $1,000.00] 10340H17 W'U9iOJ " SHOl'LD ANY OF THE ABOVE DESCRIBED POLICn;:S BE CAI';CELLED BEFORE THE J::XPlRATIO:'O DATE THEREOF, THJ:: ISSUING COMPA.~Y WILL MAIL TE1\ (10) DAYS WRllTE~ NOTICE TO THE PARTIES TO '''110M THIS CERTlFlCAn: IS Issum. Dated at "" BY: Authorized In,uranceRepresenlative 1Ol404.07 I<JJ09.'03 " 7. Consideration of extenWnl! the term for aSSC$sment rolls for the Cedar Street and Dundas Road Reconstruction Project (City Proiect No. 2006-02Cl and the Chelsea Road (Fallon Avenue to CSAH 18) Reconstruction Proiect (City Proiect No. 2006-31C) (WSB) A. REFERE~CE AND BACKGROUND: The City Council held the assessment hearings and adopted the assessment rolls for the above-referenced projects at the October 22, 2007, City Council meeting. At that meeting, Bob Lamont, who O\Vl1S the property between Cedar Street and Edmonson Avenue, south of Chelsea Road, questioned the option of paying his assessment over a lS-yearor20-ycar period instead of over the typicallO-year period, The Council made a motion for Staff to research extending the assessment term over a IS-year period. Staff provided Mr. Lamont with a proposed payment schedule comparing a lO-year term and IS-year term. Mr. Lamont opted to pay his assessment over a IS-year term with equal annual payments. Staff then sent lettcrsto all the property owners being assessed for the above-referenced projects, giving them the option to make payments over the IS-year period. Several property O\Vl1efS requested to make payments over the IS-year period, A list of these property O\Vl1efS is included with this agenda item. Council is bcing asked to consider extending the assessment term to 15 years for the property owners that have requested this. All other property owners will be assessed over thelO-yearperiod. B. ALTERNATIVE ACTIONS: 1. Extend the term to 15 years for property owners requesting this on the assessment rolls for the Cedar Street and Dundas Road Reconstruction Project (City Project No. 2006-02C) and the Chelsea Road (Fallon Avenue to CSAH 18) Reconstruction Project(CityProjectNo,2006-31C). 2. Otheraetion. C. STAFFRECOMJ\IENDATION: Staff recommends that the Council authorize Alternative No. I. StaffwiU then certify the assessments to the Wright County Auditor for collection on next year's taxes. D. SUPPORTING DATA: Cedar Street and Dundas Road Assessment Roll- IS-year Term Chelsea Road Assessment Roll- IS-year Term C,"'-~",",,",,,<,,""-,"",'~"_"""""'""I~"",",_,~.,,"",,,,,''';''":<<>M",~",",,,'''-''_~''__'''''''''''' . , " ., ~~ . ~ ;; I' , " , , 0 " , " ~ , , ~ . , ; " " " , . 1 - . . . " . , , . ~ 0 , " . ~ ~ ~ i . " hi!' , " , Hil " 'I' !~~fli: 11illl! rlh ' , ..,.,.",.,.:' I ;:::i:~ri ~ 1- : -J!t, Un" ; ,.,.;.}t-:.: "II " Ulll" I-::'~m; mfu'j H!" . I,~~ : I ~ , ''!''::'<:::::; III !iI" ., if! : I ; ~I~! ~ - ~ ~~ i. ~ >; ]i:1l!'1l ~ I ~ ~ !;I::~.; 8 i I I! : I. : I~: ~ ~ I I I : I, : 1;;1:':' ~ ; '~ 1'1; : I: : Il!; . , ;..:' \' 1'\ ill 1 I III i ~ ~ ~ lll: ',',- ;;; ; , ~ ~ ~!O, "C."".:.", """'"' :',\ " . ~ ," '" ~ ,',-'- '.' ... ~ '" ~ '" 'i.' "" ,~t ,: '" Ii'"'" '".,,_,"',Ne: '.n' .:>.:::~,,}_d :':':'::'i ~ ~ ~ :1i g :",-'" "'...., 88 00 .. -- <1'" " 00 :;j:;i . -,'/, .. .. ,0 .- o :J<:>i 1 ,. o " ,,:..,::.0; 8 \ii I'"~ :":,'Jr,... :;:~ g , 00 0" i;lg " g o " , , o , o ....,....,.., "- j:"':'<ilfl ~gQ.l! lno'.' ~;;:",~\ll~ :.c.' ._"....Nt) :"", ~lS ~;;g," ,.,,-,' ".... .,\::,,:;; '" .,t"" '" I :i,i~~~~~~ ~~" "j ,'::i~ DONi . ' ",~~~:;,-g ",,,,.,0';;; __'iii ; o , ' 00",00. - ';0';' [;i'll:i" ~ ...... "'I-,,, g ~ "> :>0"' iJ '-' , , " , 0 I ~ ., '2 ~ H ~Jj 0" o ' d o 0 ~ 'il " o 0 , 0 o ' u ,,:::"'- % ~" '" 0 ~ ;;;-'i" "-c" ,. 0" uJ ~ ~ "' 0> ,- U (3 0 ~ 5 ~ .... - - \ljc5'1; DU! Q~"'ujl:E:: :;:;00-"U~o _ c ~ <J '" 21 ~ t ,.:;: ~ ~ "- =' .",~ o 0 q ~ I' , " :l' ,,~ o .- ~ oS i! , H z ,,0 ~' U F -' t- j;j <> ~ ",,,,--,>-,,_c ;;; -< "' <to.... il'l ~ uJU~"'"'O<( ii'!!! >-"0": , 00015"''-;;(- "l: "-1:jg u ~ "i) ~ Z I ~ '" ~ Z CI. ~ U ~ ~ '/_ U",'" ~ m , --,om- "'~z "'~ o. ll" o 0' _~ OON'- :0' ""'DO"'S- 0;;;;:;_0--'] ,"'1$088';0 o~;;I;I:: ," E :g:gJ;J;5\!~ ~ _ on on '" E ," ~~~"- "-~~~"'o~ ~ ~ - i F ~ o , o ~ " ~ " o , , o , , <i' i'i! ~ D , " "" - . .Q ~ m""" "'~"-... 00.,0 "'j ," " , , . , , ,g' <; '" ~ c" .~ EM . . .m .0 .~ . < 0 EZ ." I--.!!!. " c . " .~ ~~ -" i , , . , . ! o I . . , , , I , c , o , . . o , o C ~ , ~ . , . , . Council Agenda: 12/10/07 8. Consideration of awardinl! bids on 2007 bond sale. A. REFERENCE AND BACKGROUND: EWers and Associates will be receiving bids on for thesaleof$6,220,000 i ngeneral obligation bonds for the City of Monti cello. Todd Hagen of Ehlers & Associates will be present at the Council meeting to provide the Council with the bid summary and recornmendationforawardingthesale. Assuming the bids are favorable, a resolution awarding the sale would be approved by the Council. Todd Hagen will also address the $6,100,000 Public Project Revenue Refunding Bonds for the Monticello Economic Development AlLthonty. A copy of the pre-sale report is included with the agenda item. Also attached is a copy of the resollLtion Council is asked to adopt regarding this hond sale. B. ALTERNATIVE ACTIONS: 2007 General Obligation Bonds 1. Adopt the resolution awarding the sale of the general obligation bonds as recommended by Ehlers & Associates. 2. Do not adopt the resolution. Public Project Revenue Refunding Bonds 1. Adopt the resolution regarding the saleof$6,100,000 Public Project Reve nue Refunding Bonds, Series 2008 by the Monticello Economic Development Authority. 2. Do not adopt the resolution. C. STAFF RECOMMENDATION: Since the result of the bond sale are not known at the time the agenda is being sent out, there is no staff recommendation. D. SUPPORTING DATA: Resolution Awarding the Sale ofGeneml Obligation Bonds Pre-Sale Report for $6,100,000 Public Project Revenue Bonds ExtractofMinutesofMecting of the City Council of the City of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Monticello, Wright County, :YIinnesota, was held at the City Hall in the City on Monday, December 10, 2007, commencing at 7:00 P.M. The following members of the Council were present: andtbefollowingwereabsent: . ,. ,. . ,,. The Mayor announced that the next order of business was consideration of the proposals which had been received for the pl.lrehase of the City's approximately $6,220,000 General ObligationBonds,Series2007A. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Tenus of Proposal for the Bonds. The proposals were as set forth in ExhibitAattachcd. In accordance with the official Tenus of Proposal the following adjustments were made: Principal Arnount: Matwities: Minimum Purchase Price: After duc consideration of the proposals, Member thcn introduced thcfollowing resolution, and moved Its adoption: RESOLUTION 1\0, A RESOLUTION AWARDING THE SALE OF S GEJ\ERAL OBLlGA nON BONDS, SERIES 2007A FIXING THEIR FORM AND SPECIF[CA nONS; D1RECTTJ\G THEIR EXECL'TION AND DELIVERY; AJ\'D PROVIDING FOR THEIRPAYME:IT BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota (the "City") as follows: Se<.1:ionl. Sale of Bonds. 1.0[. [tisdetermincdthat: (a) the followiDg assessable public improvements (the "Assessed Improvements") have bcen madc, duly ordered or contracts let for the c onstrUctionthereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (the "Improvement Act"); ProiectDesilll1ationand Descriotlon 2007-0[C 2006-02C 2006-31C and the City is authorized by the Improvement Act to finance all or a portion of the cost of the Assessed Improvements by the issuance of gcneral obligation bonds of the City payable in part from spedal assessments levied against property benefited by the Assessed Improvements. (b) the City engineer has also recommended the construction of various improvements to the City's sewer system (the "Sewer Improvements"), and is authorized by Minnesota Statlltcs, Section 444.075 (the "Utility Act'') to finanee all ora portionofthecostof the Sewer Improvements by the issuance of general obligation bonds of the City payable from the net revcnuesofthesewer system. (c) the City Is also authori~ed by Minnesota Statutes, Chapter 475 (the "Bond Act'') and section 475.67, subdivision 3, of the Bond Act to issue and scll it s general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with Cllvenants made with the holders thereof, when detennilled by the City Council 32\J4hISJBMN190-1l2 2 to be necessary or dosirablc lor the reduction of debt service cost to the City or tor the extension oradjuslment ofmatwities in relation to lheresources available for th cirpayment; (d) Section 475.67, subdivision 4 of thc Bond Act permits the sale of refunding obligations during the six month period prior to the date on whie h the obligations to be refunded may be called for redemption; (e) the outstanding bonds to be refunded (the "Rcfi'nded Bonds") consist of the $2,015,000 General Obligalion Improvement Bonds, Series 2000A, dated March 1,2000, of which 51,000,000 in principal amount is currently outstanding and is callable on February I, 2008. (f) it is necessary and expedient to the sound fmanCialmanagemcnt of the City that thc City issue its $ General Obligation Bonds, Series 2007A (the "Bonds") to (i) provide financing for the Assessed Improvements; (ii) provide financing for the Sewer Improvements, and (iii) refund the Refunded Bonds in order to reduce debt service costs, summari;.;ed as follows Proiect!Pu11lose Total Costs Assessoolmprovements Scwerlmprovements Refunding of Refunded Bonds Underwritcr'sDiseOUllt Costs of Issuance Capitalized Interest RounwngAmount $ Total $ 1.02. The proposal of (thc"Purchaser") to purchase $- - General Obligation Bonds, Series 2007A (the "Bonds") of the City descrihed in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, thc proposal being to purchase the Bonds al a price of $ ~ plus accrued intcrest to date ofde\ivcry, for Bonds b<l;lring interest as foil ows: Year of Interest Year of Interest Maturitv Rate Maturitv Rate 2009 2014 20IO 2015 2011 2016 2012 2017 2013 2018 True interest cost; % l2534h'I>JBMNI"'l_U2 3 1.03. The Slim ofS being the amount proposed by the Purchaser in excess of$ will be: (a) credited in allocable amounts to the respective accounts of the Debt Service Fund hereinafter '-Teated; or (b) in the case of the Improvement Bonds and Sewer Revenue Bonds portion of the Bonds (defined hereinafter), deposited in allocable amounts to the respective subaccounts in the Construction Fund under Section 4.01(e) hcreof; or (c) in the case of the Improvement Refunding Bonds portion of the Bonds (delined hereinafter), applied in an allocable portion toward redemption of the Rcfunded Bonds under Section 5.02 hereof; all as detennined by the City's linancial advisor. The City Finance Director is directed to relain thc good faith check of the Purchaser, pending completion of the salc of the B onds, and to relllTn the good faith chccks of the unsuccessful proposers forthwith. The Mayor and City Administrator are direeted to exocute a eontract with the Purchaser on behalf of the City. l,04. The City will forthwith issue and sell the Bonds pursuant to the Improvement Act, the utility Act and the Bond Act in the total principal amount ofS ,originally dated December 27, 2007, in the denomination of S5,000 each or any intcgral multiple thereot; numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February! in the years and amounts as follows: y,~ Amount y,~ Amount 2009 2014 2010 2015 2011 2016 2012 2017 2013 2018 $ of the Bonds (the "Improvement Bonds") maturing in thc amounts and on the dates set forth below are being issued to financc the Assessed Improvements: Year Amount y,~ Amount S of the Bonds (the "Sewer Revenue Bonds") maturing in the amoWlts and on the datcs set forth below are being issued to finance the Sewer Improvements: Year Amount Year Amount J25J4IvISJBM'i190_1J2 4 The remaining $ of the Bonds (the "Improvement Refunding Bond,") matwing in the amoWlts and on the dates set forth below are being issued to refund the Refunded Bonds: Year Amount y,~ Amount l.OS. OPtional Redemption. The City may deet on February 1, 2016, and on any day thereafter to prepay Bonds due on or after February 1, 2017. Redemption may be in whole or in part and ifin part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such marnrity to be prepaid. DTC will determine by lot the amount or each participant's intere,t in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Term Bonds. To he completed if Term Bonds are requested by the Purchaser. Section 2. Relristnltionand Pa\-TIlent. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Pa\-TIlent Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest 0 n the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond 'Will be dated as of the date of authentication, or (ii) the datc ofanthenticati on is prior to the lirst interest payment date, in which case the Bond will be dated as of the date of original i,sue. The interest on the Bonds is payable on February 1 and August I of each year, commencing August 1,2008, to the registered owners of record thereof as of the c10se ofbusinessont he fifteenth day of the immediatelypreeedingmonth,whetherornotthatdayisabusinessday. 2.03. Registration. The City will appoint a bond registrar, tran,fer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Regi,trar with respect thereto are as fol1ow,: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of o\vnership of Bonds J25J41,'15JBMNI'iO_L1l 5 and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer ofa Bond duly endorsed by the registered owner thereof or accompanied bya written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that intcrest payment date. (c) Exchange of Bonds . When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed ofas directed byth eCity. (el Improver or "C"nauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satist'iedthat the endorseffient on the Bond or separate instrument oftnlllsfer i s valid and genuine and that the rcquested transfer is legally authorized. The Registrar will incur no liability for the rcfusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (I) Persons Deemed Owners. The City and the Registrar may lreat the person in whose name a Bond is registered in the bond regis~er as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and dischllrgethe liability upon the Bond to the ext cntofthc sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the oWller thereof for a transfer or exchange of Bonds, suflicient to reimburse th eRegistrar for any tax, fee or other govemmental charge required to be paid with respect to the transferor exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, llumber, maruritydate and tenor in ex.change and substitution for and upon ean eellation of the mutilated Bond orin lieu of and in substirution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connecti on 325141vl>JSMN19lJ.I3Z 6 therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrarofcvidence satisfactory to it that the Bond was destroyed, stol en or lost, and of the ownership thereof, and upon furnishing to the Rcgistrarofan appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will bc cancelltxl by the Registrar and evidence ofsu<.:h canccllation must be given to the City. If the mutilattxl, destroytxl, stolen or lost Bond has already matured or been called for redemption in accordance with Its tenus it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be givcn by the Registrar by mailing a copy of the redemption noti<.:e by first class mail (postage prepaid) to the registered owner of ea<.:h Bond to be redeemed at the address shO\vn on the registration books kept by thc Registrar and by publishing the notice if required hylaw. Failure to give notice by publication or by mail to any registered owner, or any defect thcrein, will not affcct the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided thut the funds for the redemption are on deposit with the place of payment at that time. 2.04. APlXlintment of Initial Registrar. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to exccute and deliver, on behalf of thc City, aoontract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a hank or trust company authorized by law to con du<.i such business, the resulting corporation is authorizcd to act as successor Registmr. The City agrees to pay the reasonable and customary charges of the Registrar tor the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predccessor Registrar must deliver all cash and Bonds in its possession to thc successor Registrar and must deliver the bond register to the succcssor Registrar. On or before each principal or interest due date, without further order oft his Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due, 2,05. ExeCUTIon. AuthetlTIcahon and DelIverv The Bonds will he prepared under thc direction of the City Administrator and executed on behalf of the City by the signatures of thc Mayor and the City Administrator, provided that those signatures may be printed, engnwed or lithographed tacsimiles of the originals. If an officer wllOse signature or a facsimile of whose signature appears on the Bonds ceases to bc such officer before the delivery ofa Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the oft1cer had remained in oflice until delivery. Notwithstanding such execution, a Bond will not be valid or ohligatory for any purpose or entitled to any security or benefit undcr this Resolution unless and until a certificate of authentication on the Bond ha, bccn duly exec uted by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. Thc executed certificate of authentication on a Bond is conclusive evidel1ce that it has been authenticated and delivered J25J41,ISJBMN1W-1J2 7 under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administnltor will deliver the same to the Purchaser upon payment ofthc purchase price in acwrdanee with the eontra<.iofsalc heretofore made and exeellted, and the purcha,er is not obligated to see to the application of the purchase price. 2.06. Temoorary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Scction 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchangcd therefor and eaneelled. Section 3. Form of Bond. 3.01. The Bonds will bc printed or typewritten in substantially the following form: No.R-_ $ UNITED STATES OF A.\i!ER1CA STATE OF M1NKESOTA COU}lTY OF WRIGHT CITY OF MO:-lTlCELLO GENERAL OBLIGATION BOND, SERIES 2007 A """ Maturity Date of Original Issue CUSIP Deeember27,2007 Registered Owner: Cede & Co. The City of Monticello, Minnesota, a duly organi:r.ed and exi~ting municipal corporation in Wright County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specilled above or registered assigns, the principal sumof$ on the maturity dale specified above, withintcrestthereon from the date hereof at the annual rate specified above, payable February 1 and August I in each year, commencing August 1,2008, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) oflbe immediately preecding month. The interest hereon and, upon presentation and sUlTender hereof, the principal hereof are payable in lawful money of the United States of America by cheek or draft by Bond Trust Services Corporation, Rosevi1le, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prumpt and full paYTIlent of such principal and interest as the same res pectively J2\J41vl SJBM~19G_1l2 8 become d~e, the f~l1 faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Thc City may elect on February1, 2016, and on any day thereafter to prepay Bonds due on or alter February 1, 2017. Redemption may be in whole or in part and ifin part, at the option of the City and in such manner as the City will determinc. If less than a11 Bonds of a maturity are called for redemption, the City will notify OTe of the particular amount of such maturity to be prepaid. DTe will determine by lot the amount of each participant's interest in such maturity to be redeemed and cach participant will then select by lot thc beneficial ownership intcrests in such maturity to be redeemed. Prepayments ""ill be at a price of par plus accrued interest. The City Council has designated the issuc of Bonds of which this Bond foms a part as "qlIalified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code'') relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one ofan issue in the aggregate principal amount of $__ all oflikc original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on December 10, 2007 (the "Resolution"), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements and certain improvements to the City's sewagc disposal system, and to refund the outstanding principal amount of certain general obligation honds of th", City, all pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, inc1uding Minnesota Statutes, Chapter 429 and Scet iOllS444.075 and 475.67, and the principal hereof and interest hereon are payable in part from spccial assessments against property specially benefited by local improvements, in part from ad valorem taxes for the City's share of the co,t of local improvements, and in part from net revenues of the sewer system, as set forth in the Resolution to which referenec is made for a ft111 statement of tights and powers thereby conferred. The full taith and credit of the City are irrevocably pledged for paymcm of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments, sewer revenues, and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of S5,OOOoranyintcgralmultiplcthereofofsinglematurities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office orthe Bond Registrar, by the registered owner hereof in person orby thcowner's allomeyduly authorized in writing, upon surrender hereof together with a 'written instrument of transfer satisfactory totheB ondRegistrar, duly executed by the registered owncror the o\vIler's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the tramferce or registered owner, of the same aggregate principal amount, beating interest at the ,ame rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. J25J41vISJBM'<190.112 9 The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdne or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affeetedby any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of \ilinnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its tenus, have becn done, do exist, havehappcned and have been performcd as so required, and that the issuance of this Bond does not cause the indebtedness oflhe City toexcee dnnyconstitutionalor statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or be nefit under the Resolution lilltil the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorizedrepresentativ es. iN WITNESS WHEREOF, the City of Monticello, Wright County, Minnesota, by its City COUIlciL has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Adminiatrator and has cause<l this Bond to be dated as of thc date set forth below. Dated: CITY OF MO~TlCELLO, MINNESOTA (Facsimile) City Administrator (Facsimile) Mayor CERTlF1CATE OF AUTHENTlCA nON This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRGST SERVICES CORPORATlO~ By Authorized Representative 325)41vl SJB~lNl9<J-1J2 10 - The following abbreviations, when llscd ill the inscription on the face of this Bond, will be constructed as though they were ""Tittell out in full according to applicable laws or regulations: TEN COM -- as tenants mcomrnon UNIF GIFT MTN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants bycntireties under Uniform Gifts or Transfers to Minors JTTE]\-- asjointtenants\\ith right of survivorship and not as tenants in commoll Act. (State) Additional abbreviations may also be uscd though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, \\ith full power of substitution in the premises. Datcd: Notice: The assignor's signature to this assignment must currcspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signatl.lre(s) must be gtmranteed by a financial institution that is a member of the Securities Transfer Agent :Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc, Mcdallion Signatures Program ("MSP") or other such "signarure guarantee program" as may be delermiTled by the Registrar in addition to, or in substitution for, STAMP, SEMP or .'vISP, all in accordance with the Securities Exchange Aetof1934,asamcndcd. 325J41vIS!HMNI90.lJ2 11 The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee reqClested below is provided. Name and Address: (Include iuformation tor all joint owners if this Bond is held by joint account.) Plea~e insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. DateofRecislration RecisteredOwner Signature of OfficerofRecistrar Cede & Co. Fooerdl ID #13-2555119 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to bcprint ed Oil or accompany each Bond. Section 4. Pavment:Securitv;PledgcsandCovenants. 4.01. Funds and Accounts. (a) Generally. The Bonds are payable from the General Obligation Bonds, Series 2007A Debt Service Food (the "Debt Service Fund") hereby created. The City will maintain an "Improvements Account" (the "Improvements ACCOoot"), a "Sewer Revenue Account" (the "Sewer Revenue Account"), and an "Improvement Refunding ACCOOOt" (the "Improvement Refunding Account") in the Debt Service Fund. (b) improvements Account. The City Finance Director will timely deposit in the Improvements Account the special assessments (the "Assessments") and taxes (the "Taxes") levied 12.'J4lvl,JBMN190_111 12 or to be levied tor the Assessed Improvements, which Assessments and TaJ<es are pledged to that account of the Debt Service Fund. There is also appropriated to the Improvements Account of the Debt Service Food (i) capitalized interest funded from Bond proceeds and allocable to the Improvement Bonds, and (ii) any amount oyer the minimtun purchasc price paid by the Purchaser allocablc to the Tmprovcrnent Bonds, to the eJ<tent designated for deposit in the De bt Service Fund in accordance with Section 1.03. If any payment of principal or interest on the Improvement Bonds portion of the Bonds will become due when there is not sufficient money in the Improvernenls Account of the Debt St;rrvlCC Fund to pay the same, the City Finance Director is directed to pay sllch principal or interest from thcgeneral fund of the City, and the gcneral thnd will be reimbursed fo r such advances out of the proceeds of Assessments and Taxes when received. (c) Sewer Revenue Account. The City will create and continue to operate its Sewer Fund to which '""111 be credited all gross revenues of the sewer plant and system and out of which wi1l be paid all normal and reasonable expenses of current operations of the sewer plant and system. Any balanee therein arc deemed net revenues and will be transferred, from time to time, to the Sewt;rr Revenue Account of Debt Service Fund, hereby created in the Sewer Fund, which account will be used only to pay principal of and interest on Sewer Revenue Bonds portion of the Bonds and any other bonds similarly authori7.ed. There will always be retained in the Sewer Revenue Account of the Debt Service Fund a sufficient amount to pay principal of and interest on all the Sewer Revenue Bonds portion of the Bonds and the City Administrator must report any current or anticipated defi<.;iency in the Sewer Revenue Account to the City Council. There is also appropriated to the Sewer Revenue Account of the Debt Service Fund the amount over the minimum purchase price paid by the purchaser allocable to the Sewer Revenue Bonds, to the extent dcsignated for deposit in the Debt Service Fund in uccordance with Section 1.03. lfanypaymentof principal or interest on the Sewer Revenue Bonds portion of the Bonds will become due when there is not sufficient money in the Sewer Revenue Account of the Debt Service Fund to pay the same, the City Finance Dircetor is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of pledged net rcvenues when received. (d) Improvement RefUnding Account. The City Finance Director \\111 timely deposit in the Improvement Rcfunding Account the Assessments levied in connection with the improvements financed by the Refunded Bonds and Taxes levied or to be levied for such improvemenl~, which Assessments and Taxes are pledged to that account of thc Debt Service Fund. There is also appropriated to the Tmprovement Refunding Account of the Debt Service Fund any amount over the minimum purchase price paid by the Purchaser allocable to the Improvement Refunding Bonds, to the extentdesignatcd for deposit in the Debt Scrvice Fund in accordance with Section 1.03. If any payment of principal or interest on the Improvement Refunding Bonds portion of the Bonds will become due when there is not sufficient money in the Improvements Account of the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the genend fund of the City, and the general fund will be reimbursed for sueh advances out of the proceeds of Assessments and Taxes when received. (e) Construction Fund. The proceeds of the Bonds allocable to the Improvement Bonds and the Sewer Revenue Bonds, less the appropriations made in paragraphs (b) and (e) of this Section but including any amounts in excess of the minimum proposal designated for dcposited 125341vlSJBMN190-IJ2 13 herein in accordance with Section 1.03 hereof; will be deposited in an Assessed Improvements suhaccOlmt aod a Scwer Improvements suhaceoWlt, respectively, in a separatc "Construction Fund" to be used solely to defray expenses of the Assessed Improvements and Sewer Improvements, respectively. When the Assessed Improvements and Sevv.er Improvements, respectively, are completed and the cost thereof paid, the relevant subaccount in the Construction Fund is to be closed and any balance in the respective subaccount therein to be deposited in the Improvements Account and thc Sewer Revenue Account, respectively, of the Debt Service Fund, as the case may be. 4.02. Covemmts Regarding improvements. It is hereby determined that the Asse8'ied Improvements, and the improvements financed hy the Refunded Bonds, will directly and indirectly hencfit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will CaUllC the Assessments lor the Assessed Improvements to be promptly levied so that the first instaIlment will bc collectihlc not later than 200 Band will take all steps nccessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that arc required for the construction of each Assessed ImprovelIlent financed whoUyor partly from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further actions necessary for the flllal and valid levy of the Asscssments and the appropriation of any other funds needed to pay the Improvement Bonds portioo of the Bonds and interest thercon when due. (b) In the event of any current or anticipated deficiency in Assessments (related to the improvements financed by the Refunded Bonds and the Assessed Improvements), thc City COlUlcil v<illlevy ad valorem taxes in the amount ofthe current or anticipated deficiency. (c) The City will kcep complete and ac.:curate books and records showing: receipts and disbursements in coonection with thc Assessed Improvements, the improvements financed by the Refunded Bonds, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand Wid, thc balance of unpaid Assessments. (d) The City will cause its hooks and records to be audited at least annually and will furnish copies of such audit reports to any interestcd person upon requcsl. 4.03. Covenants Regarding Sewer System Imorovements. The City Coundl covenants and agrees with the holders of the Bonds that so long as any of the Sewer Revenue Bonds remain outstandingandunpaid,itwill keep and enforce the following covenants and agreements: (a) Maintenance and Ooeration of Svstem. The City will continue to maintain and cfficiently opcrate the sewcrplant and system as public utilities !IIld conveni encesfreefrom competition of other like Lltilities and will cause all revenues therefrom to be deposited in bankaccoUllts and credited to the sewer system accounts as hereinabove provided,a ndwill J2:;J41,.ISJDMN190-!J2 14 make no expendirnrcs from those accounts except lor a duly authorized purpose and in accordance with this resolution. (h) Uuhties Account to bc Maintamed as Seoarate Account The City "in also maintain the Sewer Revenue Account ofthc Debt Service Fund as a separate account in the Sewer Fund and will cause money to be credited thereto from time to timc, out of net revenues from the sewer plant and system in sums sufficient to pay principal of and interest on the Sewer Revenue Bonds portion of the Bonds when due. (c) Books of Records and Accounts Relating to the SYStem. The City will keep and maintain proper and adequate books of records and accounts separatc from all otherrec ords of the City in which will be complete and correct entties as to all transactions relating to the water and sewer plant and system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attomcy, at any reasonable time, and it will furnish certified transcripts therefrom nponrequest and npon payment of a reasonable fee therefor, and said account will be audited at lcast annuully by a qualified public accOl.mtant and statements of such audit and report will be fumished to all bondholders upon request. (d) Persons Handling Revenues and Banks Receiving Deoosits. The City Council win ClllLsepcrsonshandlingrevenucs of the sewer plant and system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the sewer plant and system to be deposited ina bank whose deposits are guarantood under the Federal Depositlnsurancc Law. (e) Insurance. The Council will keep the sewer plant and system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the procecds of such insurarlce 10 make good any such loss. (f) Performance of Duties. The City and each and all of its officers will pWldual1y perform all duties with reference to the sewer plant and system as required by law. (g) Pledge to Produce Revenues. The City wi1l impose and coHect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce, net revenucs adequate to pay all principlll and interest when due on the S ewer Revcnue BOllds portion of the Bonds and to crcate and maintain such reserves sccuri ngsaid paymcnts as maybe provided in this resolution. (h) Payment of Defi"iencies, if Anv. The City Council willlcvy general ad valorem taxes on all taxable property in the City, when required to moot any deficiency in net revenues. 325341vl SiB M'iI~O_1J2 15 4.04. Cancellation of Prior Levv. It is hereby determined that upon the receipt of proceeds of the Bonds allocable to the Refunding Bonds that an irrevoeabl eappropriation to the debt service funds for the Refunded Bonds in the amount of such proceeds, together with other funds of the Issuer in thc amount neeessary (when added to the allocable pro eeeds) to prcpayall the principal of, interest on, and redemption premium (if any) for thc Refunded Bonds, will have been made within the meaning of Section 475.61, subdivision 3 of the Bond Actmld the City Finance Director is hereby authorized and dirccted to certify such fact to andrcques ttheCounty Auditor to cancel any and all tax levies made by the resolutions authorizing and approving the Refunded Bonds. 4.05. Pledge of Taxes. It is determined that at least 20% of the cost of the Assessed Improvements and improvements financed by the Refunded Bonds will be or has been specially assessed against benefited properties. For the purpose of paying the principal of and intcrest on the Improvement Bonds and Improvement Refunding Bonds portion of the Bonds, respectively, there is lcvied a dircct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes will be credited to the Improvements Account and Improvement Refunding Account, respectively, of the Debt Service Fund above provided, and will be in thc years and amounts as follows (year stated being year of collection): Year LevY (See Exhibit B) 4.06. Certification to Countv Auditor as to Debt Service Fund Amount. (a) It is hereby determined that the estimated collections of Assessments and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when due the principal and intercst payments on the Improvement Bonds and Improvement Refunding Bonds p<)rtion of the Bonds. The tax levy herein provided is irrepealable until all of those respective portions of the Bonds arc paid, provided that at the time the City makes its annual tax levies the City Administrator may eertify to the County Auditor of Wright County the amount available in the Improvements Account or Improvement Refunding ACC<:lunt of thc Debt Service Fund to pay principal and interest due during the ensuing year, and thc County Auditor will thereupon reducc the levy collcctibleduring such year by the amount so eertified. (b) It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Sewer Revenue Bonds portion of the Bonds will produee at least five pereent in exeess of the amount needed to meet, when due, the principal and interest payments on such portion of the Bonds and that no tax levy is needed at this time with respect to the Sewer Revenue Bonds portion of the Bonds. 4.07. County Auditor Certificate as to Rcgistration. The City Administrator is directed to file a certified copy of this Resolution with the County Auditor of Wright County and obtain the certificaterequircdby)..1innesolaStaMes,Scction475.63. J25J4IvISJBM:'1'lO-132 16 Sedion5. Refunding; findings: Rcdemvtion ofRcfunded Bonds. 5.0t. The Refunded Bonds are the General Obligation Improvement Bonds, Series 2000A, of the City, dated March 1, 2000, of which $1,000,000 in principal amount is callable on February I, 2008. It is hereby fOllIld and determined that based upon infonnation presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holdcrs thereof and is necessary and desirable for the reductionofdcbt service cost to the municipality. 5.02. It is hereby found and detcnnined that the proceeds of the Bonds allocable to the Improvement Refunding Bonds (including any proceeds that are an allocated portion of the price paid by the Purchaser in excess of the minimum proposal, to the extent designated for application toward redemption of the Refunded Bonds in accordance with Section 1.03 herool) together with the balance in the debt service fund establisl1ed for the Refunded Bonds, will be sufficient and are hereby pledged to prepay all of the principal of, interest on andredernpti on premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 2009 and thereafter will be redeemed and prepaid on February 1, 2008. The Refunded Bonds will be redeemed and prepaid in accordancc with their tenus and in accordance with the tenDS and conditions set forth in the forms ofNoticc of Call for Redemption attached hereto as Exhibit C which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the Rethndcd Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Section 6. AuthentieationofTranscriot. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attomeys approving the Bonds, certified copies of proceed iJ1gsand records of the City relating to the Bonds and to the t1.nancial condition and affairs of the City, and such othcr certificates, affidavits and transcripts as may be required to showth e facts v<ithin their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the fads statcd therein. 6.02. The Mayor, City Administrator and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in eonncctioJ1 with the issuance and sale of the Bonds and that to the best ofthcirknowledge and belicfthe Official Statement is a complete and accurate representation of the facts and representations made therein as ofthe date of the Official Statement. Section 7. TaxCllvenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to becomc subject to taxation undcrthe Internal Jl5)4h'ISJB\INI9<J_l3l 17 Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within it> power that may be necessary to ensure that such interest will not become subject to taxatiol1 under the Code and applicable Treasury Regulations, as prC';ently existing or as hereafter amended and made applicable 10 the Bonds. 7.02. The City will comply with requirements necessary under the Code to establish and mail1tain the exclusion from gross income of the intercst on the Bonds rmder Section 103 of the Code, including withol.lt limitation reql.lircments relating to temporary periods for investments, limitations on amounts invested at a yicld greater than the yield on the Bonds, and therebateofexccssinvestmenteamingstothcC"nitedStates. 7,03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of thcm to be used, in such a manner as to cause the Bonds to be "private m.,iivitybonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds arc not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" tor purposes of Se<.iion 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations {other than any private activity bonds that are not qualified 501(c)(3) bonds) whi eh wi!1 be issued by the City (and all subordinate entities of the City) dl.lring calendar year 2007 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2007 have been designated for purposes of Section 265(b)( 3) of the Code. 7.05. The City ,,;11 use its best efforts to comply with any federal proeedl.lral requirements which may apply in order 10 effectuate the designatiolls mad c by this section. Seclion8. Book-Entry System; Limited Obligation (lfCit'{. 8.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bood Rcgistnlr in the name of Cede & Co., as nominee for The Depository Trust Company, New York, Ncw York, and its successors and assigns (DTC). Except as provided iu this section, J25J4MSJBMNI90-lJ~ 18 all of the out~tanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee ofDTe. 8.02. With respcct to Bonds rcgistered in the regi,tration book~ kept by the Bond Registrar in the name of Ccde & Coo, a, nominee of DTC, the City, the Bond Registrllr und the Paying Agent will huve no responsibiiity or obligation to any broker dealers, banks and other financial institutions from timc to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, induding blll not limited to any responsibility or obligation with respect to (i) the accuracy of the records of OTC, Cede & Co. or llny Participant with respect to any ownership interest in the Bond" (ii) the delivery to any Participunt or any other person (other than a registered owner of Bonds, llS shown by the registration books kept by the Bond Registrar,) of any notice with respcct to the Bonds, induding uny notke of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Rcgistrar and the Paying Agcnt may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of sllch Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose ofregistcring transfers with respect to such Bonds, and for all other purposes. The Pllying Agent will PllY all principlll of, premium, if any, and interest on thc Bonds only to or on the ordcr of the respective registered owners, as shown in the registration books kept by the Bond Registrar, andali suchpaymel1tsv,ill be valid and effectual to fully sutisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. ;'Jo person other than a registered owner of BOl1ds, as shown in the rcgistration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by OTC to the City Administrlltor of a written notice to the effect that DTC has determined to substitute a new nominee in plaec of Cede & Co., the words "Cede & Co.," will refer to such new nominee of OTC; and upon rceeipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agcnt. 8.03. Representation Letter. The City has heretofore executed and delivered to OTC a Blanket Issuer Letter of Rcpresentlltions (Representation Letter) which shaH govern payment of principal of, premium, if any, and interest on the Bonds and notices v,ith respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to thc Bonds will agree to take ali action necessary for all reprcsentations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respe<.-1ively, to be complied with at ali times. 8.04. Tran,fers Outside B<Jok-Entrv Svstem. In the event the City, by resolution of the City Cooodi, determines that it is in the best interest> of thc persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notifY DTC, wherellpon DTC \Vi11 notify the ParticipaI1L~, of the availllbility through OTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by OTC und any other registered owners in accordance with the provisions of this Resolution. OTC may determine to discontinue pro~iding its services with respect to the Bonds at any time by giving J"J4IvISffiM'<190-1J2 19 notice to the City and discharging its responsibilities with rospect thereto under applicable law. !n8uchevent,ifnosucce8sorsecuritiesdepo8itoryisappointed,theCitywillissueandtheBond Registrar will authenticate Bond certiiicates in aocordance with this rewluti on and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co, Notwithstanding any other provision of this Resolution to the oontrary, so long as a Bond 15 registered in the name of Cede & Co., as nominee ofDTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DIe's Operational Arrnngcments, as set forth in the Representation Letter. Section 9. Continuilll!Disclosure. 9.01. City Compliance With Provlslons of Conl1lrumg Disclosure Certificate Ihe City hereby covenants and agrees that it will comply with and earry out all of the provisions of the Continuing Disclo8ure Certifioate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of detilUlt with respect to the Bonds; however, any Bondholder may takc such actions as maybe neeessary and appropriate, including seeking mandate or specific pcrformance by court ordcr,to cal.lse the City to comply with its obligations under this section . 9.02. Execution of Continuing Disclosure Certificate. "Continuing Disc1osl.U"e Certificate" means that certain Continuing Disclosure Certifioatc executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executoo and as it may be amended from time to time in accordance with the terms thereof. Section 10. Defeasance. When a1l Bonds (or respcctive portions thereof) and all interest thereon, have been discharged as provided ill this se<:tion, all pledges,covenantsllIld other rights grllIlted by this resolutioll to thcholders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effcct.The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof infull. IfanyBond should not be paid when due, it may nevertheless bedischargcd by depositing with thc Registnlr a sum sufficient for the payment thereofill full with interest accrued to the date of suchdcposit. (Theremaillder of this page is intentionally left blank) 32.1J41vISJBMNI90--L12 20 . The motion for the adoption of the foregoing resolution was duly seconded by Member . and upon vote being taken thercon, the following votoo in fllvor thereof: and the following voted against the S<ll1lC: whcreupoll said resolution was declared duly passed and adopted. 125J4".ISJB,I;.;lW-132 21 - STATEOFMINl"ESOTA ) ) COWTY Of WRIGHT ) S5. ) CITY OF MO't-<11CELLO ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Monticello, Wright County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing e:dract of minutes of a regular meeting of the City Council of the City held on December 10, 2007 with the original minutes on me in my office and the extract is a 6111, true and correcl copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Bonds, Series 2007 A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of .2007. City Administrator Monticello, Minnesota (SEAL) J15J41vl SJBMN1<)(]-1l~ 22 STATEOFMNKESOTA COl..r'-lTY AUDITOR'S CERTIFICATE AS TO TAX LEVY AND REGISTRA nON COU!\TY OF WRIGHT L the undersigned County Auditor of Wright County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Monticello, Mirmesota, on December 10,2007, levying taxes tor the payment of S General Obligation Bonds, Series 2007 A, of said municipality dated December 27, 2007, has been filed inmyoffice and said bonds have been entered on theregistcrofobligat ions in myoffiee and that sueh tax has been levied as required by law, WlTNESS Myhand and oflicial seal this clayol ,_,2007. County Auditor Wright County, Minnesota (SEAL) Deputy 325341v1 ~Ja \1N19(l_L.12 23 EXHIBIT A PROPOSALS 325.141,,1 ~JBM"]90_[Jl EXHmJTB TAX LEVY SCHEDULE FOR IMPROVEMENT BONDS YEAR * TAX LEVY $ TAX LEVY SCHEDL'LE .FOR IMPROVEMENT REFUNDING BONDS YEAR * TAX LEVY s * Year tax !evy collected. J25341vlSJIlMNl90_1.11 EXHmIT C KOTlCE OF CALL FOR REDEMPTlOK $2,015,000 GE"'ERAL OBLIGATIO~ IMPROVEMENT BOl\DS, SERIES 20DOOA CITY OF MONTICELLO WRIGHT COUNTY, MI"'NESOT A NOTICE IS HEREBY GIVEN that, by order of thc City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment 00 FEBRUARY 1,2008 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series2000A,datedMarch 1, 2000, having stated maturity dates of February I inth eyears2009 through 2016, both inclusive, totaling $1,000,000 in principal amount, and with the following CUSIPnwnbers: Year of Maturity Amount CU5IP 2009 $155,000 614468CKO 2010 160,000 614468UL8 2011 160,000 614468ill.16 2012 95,000 614468UN4 2013 100,000 614468 UP9 2014 105,000 614468UQ7 2015 110,000 614468UR5 2016 115,000 614468L53 The bonds areheing called at a price of par plus accrued interest to Febrliary 1,2008, en wlllch date all interest on said bonds wiII ceasete accrue. Holders of the bonds herebyealled for redemption are requested to present their bonds for payment at the main office of U,S. Bank National Associatien, in the City of 51. Paul, Minnesota (tonnerly known as U.S. Bank Trust National Association),onorheforeFebruary 1,2008. l~,'J'1vl S!BMNIIlJ_112 Ifbvmail: Ifbvhand: U,S. Bank)lational Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C SI. Paul,:MN 55107 U.S. Bank National Associatiol1 60 Li~ingstonAvcnue 3'd Floor _ Bond Drop Window SI.Paul,MK55107 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup witliliolding rate in effect at the time the payment by the redeeming institutions if they are not provided with your socia! security number or federal employer identification number, properly certified. TIlls requirement is fulfilled by submilting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar ""ill not be responsible for the selection or use of the CUSIP number, nor is any represenlationmade as to the correetness indicatcd in the RedemptionKu tice or on any Bond. Tlis induded solely tbrconvenienee of the Holders. Additional information may be obtained from: U.S. Bank National AlIsociation Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: December 10,2007. BY ORDER OF THE CITY COUNCIL By is! JeffO'Nei11 City Administrator 31,34IvISJBMNI9rt--112 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA PRE-SALE REPORT: PuISUC PROJECT REVENUE REFUNDING BONDS DECEMBER 10, 2007 Proposed Issue: PubHc Projeet Revenue Refunding Bonds, Series 2008 (the "Bonds"). Purpose: To advance refund the outstanding Public Project Revenue Bondo, Series 20 OOA, maruritie,due2009-2015 totaJing$5.740,OOO in their entirety onFebruary 1,2 008 (the "Prior Bond,"). Current coupon rates range from 5.75% to 6.25% (the "Refunding"). InanadvlUlcerefunding,thcBondsaresoldmorethat90-day,inadvaneeofthecall date of the Prior Bonds. Theproceod, of the Bond, are invested In escrowed ,ecuritie, to pay the Ptior Bond,atthe first opportunity on February I, 2010 (the "Escrow"). TheCityhasdeterminodtocontinuetousethemunicipalleasefiuaneingmethodby which a lease i, entered into between the City's EOA as lessor and the City itself as lessee (the "Lea'e"). The EDAiosue, the Bondspayable solely fromreutpayments 10 be paid by the City under the Lease. Description: ThcBondsarebeingissuedpur,uanttoMllmewtaStatutes,Chapter465,toftuallCO IhcEscrowinlheamountof$5,982,133. Financlngthe Refunding require, a bond iosue in the amounl ofS6,lOO,OOO. The proposed flllallCe plancon&i't' of the ,ourceS and uses offW1ds atrached to this Report Rati"g: TheCityhas an Wlderlying "A2" ratingbyMoody',lnwsturSen..jce,. Becausethe Bonds are llill general obligatiou bonds, they aree"peetedtoberatedbyMoody', at an "A3" level. The EDA will be attemptlngtopurehase bond insurance to bring lhe rating to a "AAA" level. The City', concentration in its lax base has made bond insuranec more difficult to obtain. . Prep;llCdbyEhlers_l.eader,inPublicFinanec Term/Call Feature: Prindpal on the Bonds will be due on Februa!)' 1 in the years 2009 lhrough 2015. PrindpalpaymenlsareSlrUCluredlOmaintainlhcsameunifonnscheduleaslbe Prior Bonds. The Bonds will not be subject 10 prepayment prior to their rnalurity. FundlngSourc(!s: ltisexpectedthalthesamesourceofpaymenloriginallypledgedlothePriorBonds will pay for the Bond,. TheBond'Elrenotgeneral obligarions or indebredness of the EOA. but are spedal obligations payable solely from rental payments made by the Cily under the Lease. The paymenls illIderthe Lease are such that they are sufficienl to pay the prlncipal andinleresronrheBondsasrheybecomedue, Fora Facility ofrhis type, a tax levy i. appropriated on an annual basis hy the City Council for the payment of rental paymenlS only aflerthe revenues of the faciJity financed by lhe Prior Bonds (I he "Facilily") are found 10 be insufficient for their payment. The Lea:;e will eontain an annual non-appropriation clause underwhieh the City has therighttotenninatetheLea,eattheendofanyfiscalyearifitdoesnotappropriare money, sufficient 10 make required paymenlo for the next fiscal year under lhe lease. However, the City will represent in the Lease thai it presenlly intends to continue the lease for its entire tenn. The City wilJ also covenant in lhcleasc, 10 extent pennitlcd by Jaw, not to sub.tilute other property forlhe Facl]ilyifitel eels totenninatelhelease. During the term of the Lea,e, title to the facility wiH be in the City. lfthcLease shouldterminalepriortodischargeoftheBonds,lille 10 lheFadlity shall reve rtlo the EDA and the City shall cease to be entitled to occupy orolherwiseposses sthe Facilily, The City may elect at any time during the lennoflhcleaaeto purcbase lheFacililyalapriccsufficienttopaytheremainingdebtserviecdueonlheBonds. When lheBonds are paid infull,lhe Cily will have lille 10 the Facility_ In an event of default under the Lease or tennination of the Lease under the non- Jppropriation clJuse, the hondholders may exercise all of the rights oflhe ED A under the lease, including the right to lake possession of the Facility and sell the Facility or any portion thereof at a public or private sale in accordance wirh applicable state laws. So long as the Cily has not exercised ilS ability 10 non_appropriale underthetenns of the Lease, the EOA's involvement is minimaL If the City exercises its rights to terminate the leasebecallse of non_appropriation, hondholders could require tbat the EOAlry to sell orreleasethe Facility. Discussion Issues: The first interest payment on the Bonds will be Angustl, 2008, and semiJnnually thereafter on February I andAngusl LThepmjecteddebtserviceandflowoffunds are attached to this Report. . PreparedbyEhlers-LeadersinPuhlicFinance Key Risk Factor: Refunding Opts: Bank Qualified: Arbitrage Rebate: . Basedoncouponrate.of3.80%w3.95%,thesavingsoftheRefundingisexpected wbearound$180,OOO,afterallfeesandexpenses. Wewillcontinuetomonitorthe marketandthecalldatesfortheCityandalertyoutoanyotherfutureopportunities. With an advance refunding, the key risk factor is the call date. BecausethePrior BondsarefirstcallableonFebruaryl,201O,torefundin2008,itmustbebelieved that comparable orbetterconditions will not occur over the next two years. Welutve reviewed all oUlstanding indebtedness forthe City and find that the City couldcurrent refund the outstanding General Obligation lmprovememBond" Series 2000A,maturjtiesdue2009_2016Iotaling$1,00(},OOOintheirentiretyonFebruary 1,2008. Cu-rrentcou-pon rates range rrom5.15%to 5.65%. The refunding could save the Oty around $50,000. WewilIcontinuetomonitorthemarketandthecall dates for the City and alert you to any future opportunities. The Bonds will be "qualified t.x-exempt obligations", which will allow h.nks to buy the Bonds at slighdy lower interest mtes. With increasing short_term investment rates, IRS rules regarding the amounrof interestthat the City may earn on bond proceed. is more ofaconcem. Because the City is issuing over $5,000,000 for the calendar year, the City must 'pend the proceedsaccordingtotheEscrowtoavoidneedingtorebateorrepayinteresteamed that is more than the interest rate on the Bonds. The excess interest earning. are Imownas"arbitrage". The City will also needtokeep its debt service fund,within IRS parameters to avoid pellillties on carrying too high ofa balance during: the life of the Bonds. Prepuredby Ehlero-Le..ucrs in Public Finance Schedule: City Pre-Bond Sale Review: EDA Pre-Bond Sale Review: Ehlers distributes Official Statemem: Conference with Rating Agency: EDABondSale: City/EDAapproveLease: EotimatedClosingDate: Notification Date of Call: Attachments: SourcesandUsesofFWld. Proposed Debt Servlce Schedule Bond Buyer Index Resolution authorizlng Ehler, to proceed with Bood Sale EhlersConlacts: Financial Advi,ors: Todd Hagt'n(651) 697-8508 Mark Ruff(651) 697-8505 Diana Lockard {651} 697-8534 Debb;e Holmes(651) 697-S536 CotUlie Knck (651)697.8527 Bond Analysts; BondSaleCoordlnator: December 10, 2007 December_,l007 Week of December 31 Week of December 31 January_,200S January_,lOOS JanuarylFebruary,lOO8 February/March,200S The Official Sltllementforlh;sfinandngwill bemailedlOlheBoardMembersandCoundlMembe..sallheir homeaddressJiJrreviewpr;orlothe,'aledale. . Prepare,l by Ehlers-Leaders in Public finaflce City of Monticello HRA, MN $6,100,000 Lease Revnue RefUndJng Bonds, Serlos 2008 Proposed NelCesh Refunding of $7,555,000 Public Project Revenue Bonds, Series 2000A Table 01 COntanls Raoon Prlo,OrlQinaIOeb'S&"vice OeblServfo. S'~eo"'e SOO""'S&Uses , """'SeMceComoari'.,., ; E,crow Funo Ca'hflow , ; """,'''h<e!''"'''''''''''NGlOPUR'"""".._"",,,,,,,, - City of Monticello HRA. MN $7,555,000 Public Project Revenue Bonds, Series 2000A S."d.""orAV<l,Lire&Avg.Coopanc.l,ulation A"""""lire Al'eraoeCoupon W.lgIltMAvorao.l.l,"yntvlP>l,Bosfsl 2I~11:200~ 4,423 Years 6.164E12ST% H23V..". R"""'dlnaBor<:llnlormatlon Rorund;no Dated D.te Refynd;naDol'",ryDote 210112000 210112000 s.''''''',''''PcOproj'S1NaLEPUAPOSE''H'W7'O>OAM City of Montlcello HRA, MN $6,100,000 Lease Revnue Refunding Bonds, Serlas 2008 Proposed Net Cash Refunding of $7,555,000 Public Project Revenue Bonds, Series 2000A Debt Service Schedule ". Principal CoupOn 0:110112005 0010112005 0:110112009 595,000.00 3,800% 0ll101I200~ 0210112010 510,000,00 3.800% OS10112010 ---.------ 02101I2D11 9<5,000.00 3.850% 0810112011 0210112012 000,000.00 3,8o~% Oa101I<01. 0210112013 !I9{I,OOO.OO 3,~OO% OalOl!2013 0210112014 !I9{I,OOO,OO 3.900% ~S10112014 ~2/O1!2015 99{),aao.oo 3,950% To,,1 $6,100,OO~.OO ,~"" TotaIP+1 AscalTotal 11S,113.75 11a,113.75 118,113.75 713,113,70 8.:l1,227.50 10e,8oa.7!; 100,808,75 106.008.7, 716,saS.75 5<1,617.50 g5,218.75 J!~,.18.75 g5,Zla.70 1,040,218,75 1.13.5.437.50 n.027.'~ 77,027.50 n,027.50 1,0,7,027,50 1.134,055,00 ,a.162->~ !Nl,162,50 SS,162.50 1,(l4.I3,162.o0 1.106,325,00 _~Mo7.0~ lil,as],,50 la.oS7.00 1,02S,SST.50 1.067,715,00 19,552.50 19,552.00 1~,o52.50 1.009,5S.,50 1,029,105.00 $1,027,482.50 $7.12T,4a2.~0 YleldSt8llBllcs BoooY..rDoIlars Avertlo.Lire AveraooCou[)QIl $26390.00 4.WlYo'" 3,B934540% Netlnler",tCool(NICI True Interesl Coot ITICI BoodYlaldforArllitt_Puroo,es All IncluoiYO Coot IAlCI 4.174a4a2% 4,2078111% 4.0127234% 4.lilS7036% IRS Form 8038 NM In'.""" CAS! Weiol>tedAvertlooMMu,w Ug34540% 4.325Y..'" "",,~,"noIS~"""'" S1NGLEf>JRPOS'1 "'~'''71',53AM - City of Monticello HRA, MN $6,100,000 Lealle Revnue Refunding Bonds, Sarles 2008 ProPOSed Net Cash Refunding of $7,555,000 Public Project Revenue Bonds, Series 2000A Sources & Uses Olnodll2lll1!20081~02/()1!;2GOl1 SotIrcesorFundll P.rA"",lIIlt~fBono, Tota'5o",,,.. $6100000.00 U_OlFunds TotoIUnderwm.,c.rNocD"n!ID-!W%1 Co.lso/l..u.n"" Gr<>G.!kK1dlnso,.noePramium4D.Ob D,osl'joNe'e.shEs"<lwF"nd RoondtOOAmoonl $6.1~O OOIl.OO TOlaIV... 45,750.00 42000.00 2B 5O~,93 '9a2:132.~ 1007..5 $6.100,000.00 "'''''''''''''''s..00A",51N"LEF<J"POS''1H''''''''''A~ City of Monticello HRA. MN $6,100,000 Lease Revnue Refunding Bonds, Series 2008 Proposed Net Cash Refunding of $7,555,000 Public Project Revenue Bonds, Series 2000A Debt Service Comparison Do. 02!V11200e 0210112009 ~210112010 0210112011 02/011201. -",-1<J112~!_~ 0210112014 02101/201, ,~, TotalP+1 Net New OJS (1,607.25) B31,227.50 823,817.50 1,1.!5,437.'0 1,134.055.00 1,106.32M!!, 1,067,715,00 1,029,105.00 $7,12M75.25 OIdNetD/S 831,227.00 ll<o,617,50 1,135,437.50 1,104,0>5.00 ___1.105 ...5,~0__ 1.067,715.00 1.0.w,105.QO $7.127,482,'~ a50,150.oo 851.1t2,50 1.160,637.50 t,107,l-O~,OO 'm,~oo,90_ 1,092,a12.50 1.057.1B7.00 $7,3D5,25~.~O Savlnos 1,607.', 20,9..,50 27,495.00 25.200.00 23,295,00 24,_07500 25,01l7."0 m,os.,50 $17\1,374.75 PVAnII!vslsSumrnervlNetIoNell No' FVC..hfiowSavln~, G",,,,,PVD<>IllS"MceSal'inas 17~o74,75 156657.57 NotF'VC.shflowSavlno'@4.013%(BondY;eldl" 106.657,57 Con!lnaen"lQ'RoundiooAmount... N.'P".entV,I"eSotlO1lr 1007.', $l""'l'U. Not F'V Bonofirl $~ 740 000 Rofun""d Prinei",1 NotPVSonefil/S6100.000RerundinaPrlnoJpeln 2.757% '.595% Ne'PV8<>nefitl8<l22B147."'PVRefundedDob'So"iC€ Av.raooAnnu.IC.,hFIOwS.vinos 2.541% 206.4,96 RefurdnoBondlnfcrmadon Rerun~ino Do1<Hl Dale Rerundln~ Doll""", Dale 210112GOO 2/G112<lOa """""''''''',OOAOJ '5INGLEPURP"'" ""~"'07' ,,"'" City of Monticello HRA, MN $6,100,000 laaae Revnue Refunding Bonds, Series 2008 Proposed Net Cash Refunding of $7,555,000 Public Project Revenue Bonds, Series 2000A Escrow Fund Cashflow 0" Pr1ncloal ,.. ,-, Recelots 02ro112000 0.82 01llO112008 71,902.00 4.000% 103,172,31 175,074.)' 021011200~ 056,404,00 M3<J% 12),~1'.'6 o.eO,075.16 Ofl101!2009 5.!,~14.00 3,870% 101,742.13 160.55~,13 02101r.WlO 5,294,952.00 3.BOO% 100,004,{}8 5,395,>O<J.oa T",.I $5.982,132.00 $01:19.129.68 ~,411,282.SO 175,075.~O MOW5.00 100.506,25 ~,3lI5,"56.25 t6.411,<!62,50 em Bablnce 0,82 0.13 0..9 0,17 Disbursements 11MIISIman1P.....rnll!llrs 'nl'Solmen'ModoJPVGICorSocu,IOo. Defoultl""..lmeojvioldltlroet S.,,"",",, SoodYi.ro Ga$hDoP<lOil Co.tofl",.stm",lsPufCll'sed"",SonoProcoeo. Total Coot of '"veslm""ls 0.82 5 !l821~..OO $5:9S2'32.B2 T eICootofl""..llTIeflls"'bo"dield A'luaro'jtlveorn."'iva.r!lI....e $0,959 900,B~ 22232.112 YiOldtoRecol;; Y""dforArbll,aooP",,,,,,,., ~,805a070% 4.0127234% Stateandloca'Govommonl$eli&sISLGSI"""'for 1012512007 "'"""''"'"'''',''''''' I S1""l€PUR'",", I '''&'''''' I ,,"^" I , . , . . 0 ~ . ~ . . . GS , . ~ ! l - ~ . 0 . CO . . 0 0 . ~ . . ~ . ] 0 . ~< ~,. ....-. ": "''' -- c-+_: '\" ~-.' , _~_.c -- -< -'-'." ,",-." .,- ,", ",,-, .~ "'; ~ " .",' ',," . ...' - ~'-"- "" "",".;,. '-.' ~,.~;.- ;',-', ";<-;,'" ,- ~ .iI '-:}. ~,,:: .",-.'- - ,~"" ',. ,"',., .-=.-... c_,:.' '''-' .:....;.~- .. , '.', ,o:~ .", _C.'s -..I' '" '-L' ".~ " o - " , , . " o o " , , . " o - - , . - " 8 - J EDA Rewlution No. Board Member intmduced the foHowing resolution and moved its adoption: Resolution Providing for the Sale of $6,100,000 PubHc Project Revenue Refunding Bond"Series20llS A. WHEREAS, the Board of Commissioners of the Monticello Economic Development Authorily (the "EDA") believes lhat it is neces.,ary to is,ue its $6,100,000 Public Project Revenue Refunding Bonds, Series 2008 (thc "Bonds"J,to advance refund the outstanding Public Project Reven ue Bonds, Scries 2000A,lllilturiticsdue2009-2015IOtaling$5,740,000inthelrentiretyon February l, 2008 of the Cily of Monticello Housing and Redevelopmcnt Authority; and B. WHEREAS, lhe EDA has retained Ehlers & Assoc;ates, Inc., in Roseville, Minnesota ("Ehlers"), a, its independenlfinancialadvisotfortheBondsandisthereforeauthurizedlOsolicitpmposalslnacconJance with Minnesota Stumtes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Monticello Economic Development Authorily, Minnesota, as follows: ]. Authorization" F;ndin~'. TheEDA Boardhereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meetin~; Prooosal Ovenin~. The EDA Board shall meet at _:_ p.m. on January _, 2008, for the purpose of coos ide ring pmposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said ",Ie, the oilIcers or employee, of the EDA are hereby authorized 10 cooperate with Ehlers and partidpate in the preparation of an offid alstatementforthe Bonds and to exeoute anddeliveritonbehalfofthe EDA upon its completio n. The motion for the adoption of the foregoing resolution was duly seoonded by Board Member and, uflerfull diseussion thereof and upon a vote being taken thereon, t he following Board Members voted in favor thereof and the following voted agaimt the same: Whereupon saldre.olutionwasdeclared duly passed and aclopled. Dated this_day of December, 2OQ7. EDASecretary City Resolution No, COlmcii Member introduccJ the following resoJlllion and moved its adoption' Resolution Regarding the SaJe of S6,IOO,OOOPUblicrrojectRevenueRefundingBollds,Seri.s2008 by the Monticello EC(lnomJc Devel(lpment Au/h(ldly A, WHEREAS, the Monticello Economic Development Authority (the "EOA "), ha, heretofore determined that it is necessary and expedient to issue its 56,JOO,000 Public Project Revenue Refunding Bonds, Series 2008 (the "Bonds"), to advance refllDd tbe outstanding Public Project RevenueBonds,Ser;e'2000A, malllrities due 2009-2015 totaling $5, 740,000 in their entirety on February 1,2008 ofU,e HousingandRedevelopmentAUlhorityofthe UtyofMonticeJlo(the"City"); B. WHEREAS, the EDA ha,retained Ehlers & Asoociate', [nc., in Roseville, M..innesota ("Ehlers"), a, itsindependeOlfinanCialadvisorfOrtheBond,andi,thereforcaUlbOrized10 solicit proposals in accordance with Minnesota Statutes, Section 475.60, Sulxliv;sion2(9) ; and C. WHEREAS, the City Coundl desires to indicate its suppon for the aotions of the EOA with respect to the Bonds; NOW, THEREfORE, BE 1T RESOLVED by the City Council of Monticello, Minnesota, as follow", I. Authori7.ation;Findinlts, TheC;ty Council hereby approve'lhe EOA'sautlwrization of Ehlers to solicit proposals for the sale of the Bonds, 2. Meetin~: Prooosal OtJening. The City CounciJ shall meet at 7:00 p,m. 011 January _, 200~, for the purpose of considering further action with respect to the sale oflhe Bonds . 3. Official Statement. In connection willi said sale, the officers Or employees of the City are hereby aUlhorizcdrocoopernte"ithEhlersandParlidpateinthepreparationofanofficialstatcmeUlforthc Boods and toe~ecute and deliver it onhchalfofthe City upon it, completion. The motion for the adoption or the foregoing resolution was duly seoonded by Councii Member and, after full di,oussion thereof and ~pon a V<l!C being taken thereon, the following Council Members voted in favortltereof: and the following Yoted agaio,t the same: Whereupon said resolution wa, declared duiy passed and adopted. Dated this IO"dayofOecember, 2007. City Administraror - 9. Consideration of ad(lPtinl! 2008 budlret and tax levv. (TK) Council Agenda, 12/10107 A. REFERENCE AND BACKGROL'ND; Over the last several months, City staff and council bave been meeting to discuss tile City's 2008 proposed budget. The results of these discussions led to a tax levy redl.lction from $8,473,046 down to $7,600,000. The reduced Icvy of$876,046 was accomplished by modifications to some expenditures and the use of City reserves. The levy was first modified by eliminating the levy for debt service in the amount of$751,105. The bonds that wereorigina1ly scheduled to Mavca tax levy were as follows: 2002 GO Bond 2005A GO Bond 2000A GO Bond 1999 GO Bond $177,500 $254,905 $135,400 $183,300 The amended budget assumes that the $751,105 originally shown as a tax levy to support the debt payments will come from sewer debt service fund reserves. The reason for initially eliminating the debt levy, rather than somewhere else, was that if tho state every reinstated levy Iimit8, the City could always add debt levies to the limited amount. If we really needed to raise additional funds in future years, debt levies are outside of any levy limits that have been established by the state 1 egislators in the past. Generally if the State was to estabIish levy limits in thefl.lture, additionali eviescanboaddcdfordebtso it just made sense to preserve our abiiityto have a higher ievy ifneede d. The City reduced its proposed 2008 expcnditurebudgetby$207,782 andv,.ill use$171,619ofiiquor operations fund reserve8 to achieve the 2008 proposed taxlevyof57,600,000 . The property tax levy along with other revenue sources will support the City's proposed 2008 expenditurehudgetof$28,707,837,whichconsistsOfthefollowing: General Fund Special Revenue Funds Debt Service Funds ElltcrpriseFunds $7,521,909 6,939,100 5,962,793 8.284.035 Total 528,707,837 The City's proposed 2008 budget and tax levy was presented to council and residents at the City's Truth-Tn-Taxation hearing on December 4th, 2007. At the hearing staff answered questions from council and residents in attendance on the budget and levy. B. ALTER.~ATIVEACTlONS: !. Adopt the 2008 budget and resolution as prescnted with a $7,600,000 ievy . 2. Adopt the levy less than $7,600,000 by either reducing expenditures or through t he use ofmorc City reserve funds. COUIlcilAgenda: 12/10/07 C. STAFF RECOMMENDATION: ltis the recommendation of the Finance Director that the final levy remain at $7,600,000 and that the budget wilh the City using reserve funds totaling $922,724. The tax levy as proposed would result in a City tax rate of 47.519% compared to the 2007 tax rale of 42.601 %. Based on this home owners would seeanll.5%increllSeintheirCitypropertytax~s. D. SUPPORTUiG DATA: . Copyofresolulion seUing final budget and tax levy. 2 RESOLUTION NO. 2007_102 RESOLUTION ADOPTING THE 2008 BUOGET ANO SETTING THE TAX LEVY WHEREAS, the Finance Oireclor haa prepared and submitted to lhe City Coun dl a budget seltlng fort!l therein his eslimated needs of the City of Monticello for all operations and the debtse rvlceforlheflsGalyea'<Xlmmencing January1,2008and WHEREAS. the City Council hao "",'ewed the seme and has made such changes !he rein a.appeartol:>einthe besl inter..t of !he Cill' of Mon~oeIlo; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO !hat the budge\so submilted by the FinanceDireclor,togelherwiththec/lang...madetherein byt heCill'Counoll,beandsamehereby is adopled aa a budge\forlhefiscal yea'<XlmmenoingJanuary 1,2008; an d BE IT FURTHER RESOLVED bytheCounoiloftheCityofMonticellotha\there bean dhe'ebyislevjedforthefiscel y"",oommencingJanuary1,2008,andthefollowingsumsfortheresp<>Ctivepurposes indicated therein upon the taxable properly of the City of Mon~cello, to wi!: Tha above resolution wa. Introduoed byCounollmember ,willi the following voting in favor thereof: ,waadulysewndedbyCoundlmembe' The following voting in the opposition' The C~yAdministratoris herebyinstructedtotransmitaoertifiedoopyoflliisresolutiontothe CountyAuditorofWrighlCounty,Minnesota. Adopted this 10th day of December, 2007, Mayor ATTEST; CltyAdminislralOr :m'SUOGET.XU;',.""es"'ut'on(21 , CouocilAgenda; 12110107 10. Consideration ofreviewinl! "oUcv for applvinl! sureharee to fund costs associated with nrovidinl! boosted water Dressure Monti Hill area. A. BACKGROUND INFORMATION: The City currently has two water rates. The first rate is for an area of the City which requires the water flow to be boosted and second rate is for a non-boosted area. The boosted water rate is 1.5 times more than the non-boosted rate. The table below compares the twe rates: Flat Fee 500-40oocf Over400Ocf Boosted Rate $14.31 $1.55/1oocf $L78/1oocf Non-Boosted Rate $10.26 $0.62/100cf $0.71/IOOcf Past rate increases have been applied to both the boosted rates and non-boo51e drates in the past. The 2008 budget includes revenues of$932,558, of which includes approximately $57,500 from the higher boosted rate. Public works estimates the cost of operating the boosting equipment at $15,000 per yem-. City council has asked staff to provide more equitab1c options for the resi dent in the boosted area of the City. Currently there are 210 homes affected by the boosted rate. Option #1. Include the boosted cost to the overall water rate structure of the City. Based on actual water use over the last four qlJarters (95,OOO,OOOcf) this wou Idadd $0.02/IOOcftotherates. This would be the easiest option for billing purposes as the City would only have one rate structure. Option #2 Continue to have a separate rate for boosted area based on the estimated cost. Under this system the residents would be billed the non-boosted rate and have a second rate listed on the bil1 fortheboostedrateof$0.46/100cf. The boosted rate would only be increased as operating costs of the boosted 5 ystemchange or the number of homes in the boosted area change. Option #3 BiIllhe homes in the boosted area a flat rate based on costs. Under tbis option the homes would be bi11ed the non-boosted rate and a tlat rat eof$17.86 forthecostofoperatingtheboosterequipmcnt. A.I Budget Impact: Based on the current rate the City would generate approximately $57,500 from the boosted rate structure. By changing to a rate structure to cover cost of operating the boosted system the City would only generate $15,000. The City's water rate stmcture currently covers the operating cost of the water system and some of the depreciation costs. Implementing any of the 3 options above would still cover operating cost, but would cover les 5 of the depreciation costs than the current rate system A.2 Staff Workload Impact: None. May eliminate a phone call or two on why rates arc so high in the boosted area. Council Agenda: 12/10/07 B. ALTERNATIVES: I. Bill the cost of operating the boosted system over the entire water system as listed in option #1. 2. Bill the cost of operating the boosted systcm using one of the other options or some other method. 3. Keep the boosted rate strncture as it currently is being billed. C. STAFF RECOMMENDATION: Staff recommends alternative I, which would spread the cost of the boosted system over the entire water system. This would only add $0.02l100dto every water customer's bill and would create one uniformed rate structure forthc City. Some staff feels that option #2 would be the best biIHng eptien because it would bilI a boosted rate to those customers who need the boosted system and not increase the rates of those customers who do not benefit from the boosted system. D. SUPPORTING DATA: None. CoundlAgenda: 12/10/07 n. Change Order aDoroval prOCel!S rel'iew. (8.W.) A. REFERENCE AND BACKGROUND: InthepastCitystaffandconsultantshavenotfollowedaconsistcntprocessfor seeking City Council action prior 10 authorizing work resulting in Change Orders. In addition, members of the City Council have recently questioned staff as to why the Council wasn't approached about such work prior to the work being completed. The following information is being presented to the Council in an effort to address some of Council's questiollS. Change Orders typically occur due to one ofthe following two situation s: 1) Plan modifications re.lUlt in the addition of non-bid j(ems. In most situations the City Council can authorize the resulting Change Order prior to the work commencing, assuming of course the work is performed as a City cost. Ifaprivatepropertyownerpre-approvesadditionalworkat their own expense this work may eommence immediately. In this situation, if the work is a City cost $wffwill request the Couucil to autllorjze the work prior to work commencing. I/the work is 10 be paid/or by a private parly, staff will inform Cou/l(:il of the work al the next regularly scheduled Council meetillg. In some situallons staff must quickly authorize work to addresspubl icsafety coucernswithoutfirstseekingCouncilactiou. III this situation, swffwill direct 1tte necessary work lilen inform the Council about tile work at tile next regularly scheduled Council meeting. 2) Unforeseen field condj(jons result in cost adju.~lmenis /0 bid items. In such situations staff must act qulckly to allow construction to contin ueto preventcostlydeiayswithoutfirst~ekingCouncilaction. In this sitlwtion, staff will direct the nece.~sary work then inform tile Cmmcil about the work at tile next regularly scheduled Council meeting. Council should also be aware that Change Orders ure nOI typically prescnted to the Council for action until all applicable cost information has been received by City staff. This allows the Council to be as informed as possible when making their decision. B. SUPPORTING DATA: None. Counc;IAgenda: 12/10107 12. Consideration of undad"!! the Seeuritv Surveillance Svstem at Hi-Way Liquors. (JR, JO) A. REFERENCE AND BACKGROUND: City Council is asked to approve updating the security system in lISe at Hi-Way Liquors. The current system has been in use over 15 years and consists of analog cameras arranged in various locations ilTOLIlld the store. They are iinked to a central analog device which monitors, displays and tapes activity taking place in the area within the parameters ofe achcamera. If parts fail on the system, the part~ will most likely be obsolete and not obtainable. You may be aware that analog technoiogy is being phased outin favor of digital IP tcchno logy in such items as televisions, phones, and cameras. This is also the case with security surveillance systems, where IP digital technology offers significant advantages over the older analog devices. Doug Lyseng, the city's technoiogy consultant has provided information about Digital TP Surveillance which is availabie for review. Digital !P technoiogy is being recommended as it will provide a system that interfaces with other surveilJance technology now in use and proposed forfutllrc city uses. Thistechnology utilizes hard drives to store images captured by the cameras. Users have a variety offunctions at their discretion: view, save, search, enlarge, stop action and more. Stored images with digital technology provide vastly superior views lhan what can be received from an alogtechnology. it is anticipated that there will be even greater utilization and benefits in the area ofsccurity surveilJance for the City when the fiber optics network is in place. DigilalIPtechnologywiil alJow us take advantage of the capability of fiber optics. TheLiquorStorebudgetfor2007includes$IO,000forupgradingandexpandingthesecurity system at the store. Over the past year, Joe Hartman, Liquor Store Manager, has solicited proposaisfromseveraldifferentcompaniesandreceivedvariousquotestoreplaceandexpand the current system in place. The quotes range from approximately $7,900 to $13,800. Video Protection Services (curren! provider), March Networks, and Wellington Security Systems submitted proposals which would replace the analog VCR a! Hi-Way Liquors with a DVR unit. A DVR unit is capable of handling up to 16 cameras, which can be either analog or lP (digital). The DVR unit ~onverts the analog transmission to digital, which ailows us to continue using the analog cameras lhat are currently in use at the Liquor Store. Any new cameras purchased would be IT (digital). Benefits of a DVR-based system are: better image reso]ution, ability to tie into cash registcr receipting for tracking t ransactions, backup to hard drives (not VCR tapes), significantly easier to search, view and save compared to current system. Drawbacks to a DVR-based system: limited to 16 cameras, proprietary system which iimits the type of hardware for any future expansion, requires installation 0 fcablcs from every camera back to the DVR and a power source for each camera. Either of these proposals could offer a solution for several years bul would nol provide lhe optimum cov erage and options that are preferred. The proposal from Doug's Computer Service offers an IP-based open system that runs off a personal computer and video server. The images would be stored on hard drives on an existing server. Existing anlllog cameras would be converted to digitul signai through the video server. Ail newly purchased cameras would be IT (digital) and would transmit directly to the computer. Benefits of this system: unlimited number of cameras, superior image resolution, ability to tie into cash registcr receipting for tracking transactions, backup to hard drives, Council Agcnda: 12/lOJ07 advanced options for viewing, searching, saving, camera settings and much more, open system allows a variety of cameras and other hardware devices to be operated, single cable from camera to computer (includes power source), bartery backup system can be used to operate in case of power failure. The drawbacks to this system: licensed software may need to be upgraded or changed (cost is quite abit less than replacing a DVR). To gain the most out ofan expansion of the security surveillance system at Hi-Way Liquors, it is necessary to operate more than 16 cameras. There are several areas in the store that arc experiencing loss of product and a dcfinitcneed for surveillance in that area. The cash register area needs heavier coverage and transactions should be tracked to match the re corded images. Joe Hartman had Doug Lyseng take a look at these situations a number of months ago, and there is not a logical way to arrnnge the CI.I11:ent cameras to provide the need edcoverage. Afier studying these proposals and weighing the benefits anddrawbacks,itap pears that the best investment, in the long run, for the City is to select the proposal offered by Doug's Computer. Hi-Way Liquors will gain a superior system utilizing digital IP technology and providing options to greatly cnhancc the security at the liquor store. Under this scenario, the old VCR would be replaced with a personal computer that can also be used as a monitor to view, search and track camera activity. The surveillance software will allow staff to design the system and set up options to maximize sccurity for the store. I)Qug would work with Joe to install the hardware and cameras. He will provide installation, materials, configuration, and training under the proposed contracl. AI. Budget Impact: There is $10,000 allocated in the 2007 budget toward this project. The additional funding would come from Liquor Store revenues. This is estimated at about $3800. A2. Staff Workload Impact: initially there will be training time to learn the system after the installation is completed. Over time, there shouid be less impact on workload. Advantages to be gained includcbcttcr coverage and less theft; automatics ettingstoaid incapturing,viewingandreviewingimages;timcsavingsinverifyingtransactionsto images and more. Withanyoftheproposalsthatwouldbeselccted,itisanticipatedthatthe actual purchase and installation will not take place tmtil after thc holldays. The budgeted funds would be reserved to be used for the project in 2008. B. ALTERNATIVE ACTIONS: 1. Approve proposal from Doug's Computer Services at the cost of513,000 to purchase security system improvements for Hi-Way Liquors. 2. Approve another proposal (designated by Council) topurchasc sccurity system improvements for Hi-Way Liquors. 3. Do not approve purchase of sccurity system improvements for Hi-Way Liquors at this time. CouncilAgenda,12/IOJ07 C. STAFF RECOMMENDATION: The City Administrator and Liquor Store Manager recommend Option #1 which provides the best overall security system improvements for the Liquor Store. Although the other proposals can deliver needed updates to the current system, the system would be limited to only 16 cameras which would impact the amount of surveillance that could be provided throughout the store area (both inside and out). With the proposal from Doug's Computer Service, the City would gain a future-proof system that enables an unlimited number of security cameras and advanced options to run a sophisticated surveillance system. TIlls system would also tie in with other security systems in place now (such as the DMV office and ballfield concession stand) and planned for the future (such as parks buildings and high-risk areas). Utilizing a common base for city surveillance systems provides efficiencies over time in areas such as updates, maintenance, and data storage. D. SUPPORTING DATA: Security system quotes: Doug's Computer Services, Video Protection Services, March Networks (Marco), Wellington Security Systems !I Security Camera proposal for the City of Monticello Hi-Way Liquors 11/13/2007 Do~glyseng'sComputerService Doug Lyseng ," " , .'-'o<<Y".(I""'9-" , , i <i1i~ C: I AXIS.. r.COMMVNICATlON' ~-- ~ COlllplIll'rSeITic," I Quote: Item Units 24 port 10/100 switch with all 24 ports PoE Axis 207MW IP Digital Camera XprotectPRO 16 camera IP Surveillance software Core2Duocomputer XprotectTransact Server with 1 license XprotectTransactfeedlicense Serial DB9to IPRJ454portconverter AxisPoEadapter 19" LCD remote monitor at casherstalion CATS KVM Extension Kit Labor/Misc-lnstall,configure,training,andpart" Total Cost: Price 1 $492.94 111'8- $399.00 1 $2,779_84 1 $1,100.00 1 $540.72 2 $540.72 1 $249.95 111-9. $8900 1 $23800 1 $157,00 1 Sl,GOD.DO Total $492_94 $3,990,00 '{3l"1.co $2,779.84 $1,100,00 $540.72 $1,081.44 $249.95 $890.fJO q,"f.ou $238.00 $157.00 $1,000,00 t jJ oD7. g"j , , The Plan 1. My plan is to bring the Dlgital IPSurvelllan(esystem up in parallel with the current AnaJogsystem. . This will allow the City to start moving forward into the digital world without the large upfrontexpense. . When I in5tall these ten Digital Cameras this will free up eight of the old Analog Cameras which can be repositioned throughout the store to give better cove rage ofthis store. 2. Hi-Way Liquor is having problems with theft of high-ticket Itemsint he last aisle by cameras 1 through 4 (Figure 1). There are presently two analog cameras where camera #1 and camera #4 are shown in figure 1. These cameras cannot see all the way down the aisle. . I plan to replace the two analog cameras with two Axis 207MW cameras which have muchhigherresolutionanda650horizontalangleofviewforwidecoverage. e I also plan to add two cameras (camera 2 & 3 on figure 1) in the middle ofthe aisle pointing outward to cover the blind spots right under cameras 1t1 a nd 4. These two new cameras will also prevent someone from turning their back to cameras 1 ond 4 to stashabottlebecauseoncetheyturntheirbacktocameraslor4theyare looking directlyintocameras20r3. elfitisdiscoveredthatbottlesaremissingafterthefact,thissystem also allows you to create a motion search box around the missing bottles and it will re turn video of every time someone grabbed a bottle. 3. I plan on covering the cash registers with two dedicated cameras on each register which wiU be linked to the receipt printer readout. , . lamgOingtopositiononeeameraovereaehshoulderoftheeasher.This will allow the cameras to capture video of the items on the eounter and the money transaetionno matlerwhieh way the casher is facing, . Each time an item is scanned the text is presented on the video jus tasitreadsonthe receipt, This text is also searchable. Let'ssaya minor was caught with a six pack of Budweiser and was claiming that he bought it himself at Hi-Way Liquors. All we would do is perform a search on the word "Budweiser" and the system would return all the video where a six pack of Budweiser was sold, We might find that the minor was never in the store butthat his 21 year old brother did purchase asixpae kofBudthatday, . Thedual camera coverage will assist in finding inventory loss,Wh iiereviewingthevideo every time an item isscannedthetextforthatitemispresentedwi th the video. If you do not seethe text then the item was not paid for, either there was aseanner malfunetionorthecasherjustwentaroundtheseannertogivetheir buddy a free bottle. Other suggestions While surveying the site there were other things that I observed w hiehlwouldalsoliketo mention: 1. I noticed that the outside eamera(Analog Camera #1) overlookingthe loading dock Is pointing into the morning sun (Figure 1). . The morning video from this camera is washed out on sunny mornings, This camera needs to be moved to the front of the store pointing back towards I oading dock so that the morning video is viewable. I would have to climb up there to look at the wiring beforegivinganestimatebutlwouldalsoprobabiyrequirealicensedElectriclanto assist in getting power to the new location, external eameras are usu allyhardwiredinto the electrical system due to power requirements of the heaters a ndblowers. . I could also install an external DigitallP Camera with two-way audio and a remote door bUlzer to allow them to view who is at the backdoor and talk to them before bUlzing them in. This would increase security. 2. We can take the eight analog cameras which are being replaced byth e ten digital cameras and reposition them for better store coverage. . There will be analog eameras replaced by the above process; I sugge st that we reuse them in an effort to provide better coverage ofthe store, The old Analog System was ; limited to 16 cameras so decisions had to be made as to where to place them and in the process areas were left without coverage. With the addition of the Digital Cameras we could reuse the analog cameras to fill someofthese blind spots unt il money is available to add more digital cameras. The bi&..,picture This system is designed with Monticello's future in mind. This is an open framework designed system using industry standards. 1. This system is future proof by using open framework. . TheseAxiscamerasuseindustrynetworkstandardsandcouldbereplacedbyor supplemellted by allY other manufacturers' cameras which use illdustrystandard s.No cabling, software, orcomputerchangesare required. . This system uses industry standard UTP CATV or Vllletwork cilbles and hubs/switches. . This system usesa standard Windows based computer to ilnalyzeand record the video. . The software runs on a standilrd Windows based computer. . Unlike the analog systems which are proprietary and requirethewh ole system to challged,allyoftheabove pilrtsofthe system can be replaced witho uttheneedto change the others. Ifitshould be decided that differellt features are Ileed ill ilsyste m they can be added without having to replace the whole system. Let say that it is decided tha tface recognition softwarei, tobe added to this system to alert the casher of known shoplifter5all dcheckbouncers,this could be done without replacingthewhole5ystem. 2. Once Monticello gets their Fiber network implemented these digitallP cameras will significantly increase in value. . Inthecaseofarobberylawenforcementcouldusethesecamerastoviewthesituation beforeenterillgthebuilding. . Inthecaseoffirethe Fire Chief would be able to look inside the b uildingbefore deploying troops into the building. This system wuld be powered by a backup power supply thus allowillg the cameras to be viewed even iftheelectri city needs to be turned off. , . Hangingthese cameras outside around the City would allow law enforcement to monitor high crime areas remotely. This method has been used ino thercities and has had great success. Some of the soflware in these systems is really impressive and it is getting better every day. There is soflwaredesigned to avoid false lawsuits from falls. Th is software c<ln recognize if someone has slipped and fell,itthen saves that video so itcan be reviewed. There is software that can identify when three or more people are standing in an area which is used to notify policeoffersofpossiblegangrelatedactivity,Therearealotofsoftwarevendorsoutthere working on a lot of exciting new functions for these systems sothe future will only get better forlPSurveillance, Conclusion There are many different software vendors designing new software and many vendors that make IP Cameras and many vendors that create Windows compatible computers so we have thousands of brilliant minds working to add many new and exciting bells and whistles to IP Surveillance which makes you wonder why anyone would select a static proprietary analog system, I satthroughtwooftheothervendors sales pitch intheroleastheC ity'sNetworkConsultant (nocosttotheCity)beforeldecidedtothrowmyhatinthering_lasked all three vendors the question "What about IPSurveillance and digitalcamerasr One vendor started with "IP Surveillance is still years away from being ready" and ended with "Surewecandothat".Theothervendorthoughtthathissystemwasdigital because the DVR was capable of converting the analog signal to digital andfeedin gitoveranetwork. As for IP Surveillance being years away, I installed my first Axis IP Surveillance system eight years ago. Axis Communications released the world's first DigitallP Camera in 1996. Asfarastheanswer "We can do that" why didn't they put their best first on their sales pitch? If you weretobuya camera today and you needed instant pictureswou Id you buya Polaroid ora digital camera? In fact I would say that most of us novice photographers would buy a digital camera over any other camera format. ; , VIDEO PROTECTION SERVICES, INC 4379 Wi/shireBlvd. #C201l MOUndIL8keMinne/OfJka,MN55364_ 952-472.3195fax:472_7574 . lE-mall;vpro1@aoi.com _- Proposal DATE ESTIMATE NO 7/25.'2007 1029REV2 NAME/ADDRESS lIi-W.;, tiquo,,-City ofJ.:!onucollo 505Walnut$t,Suitol .\10ntio<I10,M"'55362 Caroj 761.-171-320If,x:29,\_4404 Ship To H;-W.yLiquor, JQ,Hanman 545 Pine SLiS flwy.21 PO Box R45 Montic<IlO,MN55J62 763-295-52221"":295.8891 WWW.VldeoProtection.us TERMS '" PROJECT LOCATION 1/2dow""OlCOmpld" srs MOlUkello,M" ITEM DESCRIPTION Q~ COST Total D\'J..1S1600 HRJ)V16CHonel'wolJI6CflmCraDig;..IRe,onlcrWiCl)_RW 1200gi~ , 4,995.00 4,995.0UT DV-KlT fI.rdDriYoKi'.brnck,t<,ribl>on,"blc~<c=', , 1]9,00 1]9.00T DV_ETH Etll""'otcardr"rr""""."",, , 75.[10 75,IWT Vl'24.4pc PhoneWircCat.l4tw;''''dpa;J'JQO' , 49.00 49,00T MIse Mtg. Hdw,.S"pp[ie~ OB9conTlCCtD"&hood~>CIi,[y_,"blc< , 75,00 75,001 VTD_C410 VitckCok'TDom, c"meraHigh R", , 229,00 916.00T TC1332 TraJ"f,ormer24vo!t20v. , 16.00 32,001' MISC Exl..Mtg.Hdwr.S"ppJie~'O"necl"",c,ble,pou'erwi'cfol'.dJcO , 95.DO 95,001 ""mc", Labo, hl<tallatiQn&SctUp-l{unC.L5wjre~"!lreg;"=jb",,,tinte'faco, 12.5 89,00 1.112.50 COO"octtoregiste"&cont1gu;cfOl'",,,interfa,c,Jn<t.lInCWDVMSdjgital """order wirc up.1l cam"""andw;rc"pfo',"~lregi>tcrjn",,f,,,,,,. Program,llcan""';OloUjg;tal;CCOrde'formOtion,frameratc,teXland timo,progrnm"D;<connect2unnee..kdcamera,.lnst.1I2addiLional ""me",rorback w,lI. Roplac, 2 "i>tios""m,ra., ror reg[<te" to cQlor, Ch'ckfocu,.djn<tm""t,ndp,,,itiollOf,llcam,,,,,. . M,"S.k,Tox 6.50% 41.1,[4 P~c""aT;Jfm]Oday, .-\ppr<,v,dby - - - WhBowww.V;d..,ProtocL;On,lL\ Total $7,~~LM TO: Joe Hartman and Cathy Schuman Phone Number: 763.295.5222/763.295.2711 FaxNumber:763.295.8891/763.295.4404 FROM: Steve Marsden Phone Number: 651.634.6108 Fax Number: 651.634.6187 March Networks Security Surveillance Quotation for Hi-Way Liquors Oclober26,2006 1 - March Networks 4316C Digital DVR (120 frames per seoond across 16 analog cameras).,....,......,....,....,...............,..............,...... ",............,..."........$5,985.00 Includes: 1 2 6 1 . 1201.p.S(CIFjofvideocapturesacross i6BNCinputs,for up to 30 f.p.s.of hlgh-qualily recording per analog input . 4AddilionallPlnputs,sUPPOrlinguplO eight3,OMPixelhigh-resolulioncameras . seamiessly . 16Alarminputs,Piussix2_wayaUdio por!s (optionail. for enhanced audlolvideo securily coverage . Programmablelncreaseofcapturerate on aiarms for high qualilyevent records . Advanced networking features for unlimited scalabililyand dependable remote access . AdvanCedhealthmanagementfeatures for centralized support and maximum uptime R5 Operating Software Includes Evidence Manager & Investigator 400GB Hard Disk Drives..."..... .,.........,................,....,..... Indoor Fixed Color Cameras will1 Nigh!Sense Technology March Networks RS-232 Data Port Option Kit.... ....,.....". ,...",........Included ...........,..,.included .......$2,370.00 ....$375.00 . MPEG 4 Compression with ACT {Adaptive Compression Technology) forthemostadvanced,efficientvideo proceSSing Hlgh-capacilyinlarnais!orage(Upto 1.6TBj; disc mirroring for added reliabililyand SA (Smart Archiving) for storage optimization . External RAID and NAS (Networked AttachedSlorage) NASoptionsfor further archiving . Internal back-up battery for power brown,outprotection . Dockingstationarchi!ecturetoreasy installation and maintenance Total Hardware Investmenl.. .................................. ..$8,730.00 NVR Selup, Configuration and Training. ........... ......, $712,00 Camera Cabling and Camera Installation Services .......... $472.00 Miscellaneous Anchors, Raceway, Straps, Parts and Supplies. ,.............. $125.00 " 5uL31">TA-L- /o/tJ31 > ((...,,:t) -- SPM:IO SPM1026_l.doc rm:'i'r:D<f TO: Joe Hartman and Cathy Schuman Phone Number: 763.295.5222/763.295.2711 FaxNumber:763.295.8891/763.295.4404 FROM: Steve Marsden Phone Number: 651.634.6108 Fax Number: 651.634.6187 March Networks Custom Developmer<t to Integrate Hi-Way Liquors ARS Point- of.Sale Application with March Networks Software............................. ...........,................ $2,875.00 Includes: . Technical assistance with registered data analysis from ARS Soiutions . March Networks' engineers wiil write the software code to incorporate ARS Point.of-Salecapabilities into the March Networks software. Note: Itis assumed that data from the pas application can be interpreted and a serial port or similar type connection is possible. TOTAL INVESTMENT.........................................................................$12,914.00 - . Hi-Way Liquors currer<tiy has a camera connected outside the office door to a monitor located inside the office near the doorway. This monitor enables Joe and others to see who is standing outside Ihe door and entering the office. The customer is requesting a new color camera be installed inside Ihe office to record activity such as cash counlinga nd a view 01 the safe located in the office. There are a total 01 17 cameras-16 01 which will record. The camera located outside the office door will be viewable only (not recordingj and con nected to the monitor located inside the office door. . It is assumed the current indoor and outdoor camera power supplies will be re-usable. II a new Indoor camera power supply is needed,the InvBstmentis $150.00. . It an outdoor camera power supply is needed, the investment is $16 0.00. . The current proposal InclUdes replacing the current Analog VCR recorder, plus upgrading six existing black al1d white cameras to high resolution color cameras as described in this proposal. . The remaining 10 color cameras will be recol1nected to the new recorder. #P.a!l:ina Marco offers many Ilexible lease plans 10 accommodate your budget. The following are lease oplions lor yourconsiderallon: . . 36 Month Fair Market Value Lease [.0328 Lease Factor] .__.............. 60 Month Fair Market Value Lease [.0230 Lease Factorj.. .... ,.. ."... ....$423.58/Month .....$297.02lMonth The above lease prices do not Include applicable sales lax, areb asedon zero paymenlsup Ironl, andalairmarketvalue (guaranteed 10"15%) buyout at the en doftheleaseterm. SPI,!:!O SPM11126_1.doc ~r"" TO: Joe Hartman and Cathy Schuman Phone Number: 763.295,5222!763.295.2711 FaxNumber:763,29S.8891/763.295.4404 FROM: Steve Marsden Phone Number: 651.634.6108 Fax Number: 651634,6187 ~ . 90% of U,S. businesses lease at least some of their equipment. Whether you are a sole proprielorship,partnership,governmentagency,non_profilorganization or corporation, leasing equipment through Marco can help your organization grow . Leasing preserves bank lines 01 credit and requires no collateral b eyondtheltembeing leased . Leasing means lower up front costs preserving cash . Leasing payments maybe tax deductible as all overhead expenseors trucluredfor Section 179 deduction . Leasing lets customers pay for equipment as they use it, with payments that match the cost 01 the equipment to ltle revenue it generates . Leasing provides access to a collvenientsource ofaltemative tina ncing . leasing offers planning and flexibility with the ability to structu re payments around the users operations . Leasing keeps equipment, and the debt, off the balance sheet The above pricing does not Include applicable sales tax. Prices Quoted are subjeclto change and shouid bever~ied before placing your order, Authorized Signature Date SPM,IO SPMI026_'.dOc rT'IOrs;Rr . '~ ,~ WELLINGTON <<;'-'-""'1 S""t.,rn.. 4E DjamcmdLak,Ro.d.\lum"polj'.MNjj419 PIIo"e:(6IZI8U_4C194 F",,,(612)R22_<l351 """",_""II"gl<m,,,unt)'_'''''' July 13, 2007 Joe Hartrnan Hi_Way Liquor 545 South lIighway 25 Monticello,MN Wellington Security Sy,t.m, ])Topose" to lurnish .fid install the following equipment and service" , Dedicmed Micros DS2A 16DVD 600GB d\T to replace vcr 'withremotecomrol .uplo35days'lorage '16cameracapacity BosehFlcxidolllchighre'OlutioncOlortamems:'v"dka'scotch \1ovefrontcameraclosertofrontentry . All WiTe'l. connect""" and miscellllIloou, material necessary tOr system to he operative PurchaseP,ice $6935.00pln,rax Additional Fquipmel1t 12 Bosch Flexidome high-resolution color cameras *lOreplaceexistingimeriorcame,as $6895.00 plusta~ .. Priceindudesinslallationandaneyearwarranl;y. co.tamer ta provide network a..i,tance and 110v electrical per Ws.'i specificntion" pricesvnlidror30da)'s, ... HH SubmittedbyW.l1in~'l"oSecuritySystem, Ry_ WilliamG.Rosener-SecnrityCon,"ltant-Partner WellinglonSocurilySy,(cms TofltL '" ;J g 30 , f",f<>+- . . . ,,, ~" 0" ""- c"o eo ~i:: Ot; " . r",... 0,; [';;; ., ,,"'''' " ,,,.,. 0" .,0 '''" ", o. 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