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City Council Agenda Packet 03-24-2008
AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 24, 2008 - 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Ferrault, Brian Stumpf and Susie Wojchouski Call to Order and Pledge of Allegiance 2A. Approve minutes of February 25, 2008 Regular Meeting. 2B. Apprave minutes of March 10, 2008 Regular Meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. A) Introduction of Karri Thorsten, Senior Accountant 5. Consent Agenda: A. Consideration of ratifying hires and departures. B. Consideration of appointment of Mark Larson to fill vacancy on the Parks Commission. C. Consideration to approve a request far conditional use permit for development stage planned unit development, conditional use permit for drive-through facility and conditional use permit for shared access for a fast food restaurant in a B-4 (Regional Business) District. Applicant: McDonald's Corporation D. Consideration of approving assessment agreement for Jerry Hartung Addition E. Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3-9 regulating address number signs and amendment to City Code 4-1.9 (Building Code) for address number signs. F. Consideration of authorization to purchase new equipment for ballfield concession stand and replacement eating utensils far the rental rooms. 6. Consideration of items removed from the consent agenda far discussion. 7. Consideration of comments from the Vine Place Homeowner's Association and corresponding staff action summary. 8. Department Head Report -Ann Johnson, Deputy Registrar's Office. 9. Consideration of Fire Department request to proceed with developing specifications for new fire truck. Agenda Monticello City Council March 24, 2008 Page 2 10. Consideratian of authorizing the preparation of plans and obtaining quotes for the realignment of Territorial Road and approving the easement agreement for the Busch property. 11. Consideratian of a request far amendment to the Monticello Zoning Ordinance, Chapter 3-S, Off- Street Farking Requirements as related to the regulation of the size and weight of vehicles parked in residential districts. Applicant: City of Monticello. 12 Consideration to prepare an amendment to City Code for the waiver of building permit fees for residential remodeling projects or building modifications for Veterans of the United States Ahmed Forces. 13, Consideration of purchasing crackfilling machine for Street Departments 14. Consideration of approval of new safety manual for Public Works, Hi-Way Liquor, City Hall and Motor Vehicle. 15. Consideration of approval of 3 year contract extension with Elk River Landfill (Waste Management for disposal of mixed municipal waste. 15. Consideration of approving payment of bills for March, 2008. 17. Adjourn Council Minutes: 2/25/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 25, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tam Perrault and Susie Wojchouski. Members Absent: Brian Stumpf 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.rn. and declared a quorum present. The Pledge of Allegiance was said. 2A. Apurave minutes of February 11, 2008 Regular Council meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 11, 2008 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. A rove minutes of Februa 11 200$ S ecial Council meetin . Wayne Mayer made a correction on page two noting that he said that any duplicated cost of the quiet title action should be picked up by the City. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 11, 2008 SPECIAL COUNCIL MEETING WITH THE CORRECTION NOTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Tom Perrault added a discussion of the dog ordinance. 4. Citizen comments etitians re nests and concerns. No one spoke under citizens comments. 5. Consent Agenda: A. Consideration of ratifying new hires and departures MCC, Finance and Liquor. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving renewal of charitable gambling license for Land of Lakes Choirboys. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to approve the renewal of the charitable gambling license for Land of Lakes Choirboys to conduct charitable gambling activities at Jala Peno Bar and Grill. Resolution #2008-19. C. Consideration of approving final plat for Union Crossings Third Addition, a commercial subdivision in a B-4 (Regional Business) District. Applicant: Ryan Companies US, Inc. Council Minutes: 2/25/08 Recommendation: Approve preliminary and final plat of Union Crossings Third Addition subject to a finding that the proposed plan is consistent with the intent of the B-4 Regional Business District and Comprehensive Plan. Resolution #2008-22. D. Consideration of approving a request far simple subdivision and a request for conditional use permit for joint access in a B-4 (Regional Business) District. Applicant: Premier Bank. Recommendation: Move to approve the request for a simple subdivision of Lot 2, Block 1, Frairie Fonds 2"d Addition and approve a conditional use permit for shared access based on a finding that the proposed arrangement is consistent with the intent of the B-4 Regional Business District and the Comprehensive Plan subject to the following conditions: 1) Future development of Farrel A shall require full conditional use permit review to ensure compliance with the proposed conditional use permit for shared access; 2) The applicant shall provide a six foot drainage and utility easement along the interior property lines of both parcels; 3) The restoration of any private facilities disrupted due to work within the drainage and utility easement shall be at the expense of the property owner; 4) The applicant shall provide a shared access and maintenance agreement and record it against all subject properties; and S) The subdivision and all necessary easements shall be recorded with the Wright County Recorder's Office within 100 days of approval. E. Consideration of approving a one day charitable gambling license for Monticello Youth Hockey program ATV raffle on March 14, 2008. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a charitable gambling license to Monticello Youth Programs, Inc. to conduct charitable gambling activities at River City Extreme, 3875 School Boulevard on March 14, 2008. Resalution #2008-20. F. Consideration of approving a one day charitable gambling license for Wright County Ducks Unlimited on May S, 2008 at River City Extreme at 3875 School Boulevard. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a charitable gambling license to Wright County Ducks Unlimited to conduct charitable gambling activities at River City Extreme, 3875 School Boulevard on May S, 2008. Resolution #2008-21 G. Consideration of approving credit card application for Holiday Gas Station. Recommendatian: Approve the credit card application for MCC with Holiday Station. Items #SB, #SE, #SF and #SG were pulled from the consent agenda. SUSIE WOJCHOUSKI MOVED TO AFFROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SB, #SE, #SF AND #SG. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a ends for discussion. #SB Charitable Gambling license for Land of Lakes Choirboys Wayne Mayer stated he pulled this item to draw awareness of how much regulated gambling is taking place in the City and to commend the Land Of Lakes Choirboys on their charitable donations. WAYNE MAYER MOVED TO ADOPT A RESOLUTION AUTHORIZING THE STATE GAMBLING CONTROL BOARD TO APPROVE THE RENEWAL OF THE CHARITABLE 2 Council Minutes: 2/25/0$ GAMBLING LICENSE FOR LAND OF LAKES CHOIRBOYS TO CONDUCT CHARITABLE GAMBLING ACTIVITIES AT JALA FENO BAR AND GRILL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution #2008-19. #SE Temporary charitable gambling license for Monticello Youth Program, Inc.: Wayne Mayer expressed concern that the financial information submitted with the application by the organization was not current. WAYNE MAYER MOVED TO ADOPT A RESOLUTION AUTHORIZING THE STATE GAMBLING CONTROL BOARD TO ISSUE A ONE DAY CHARITABLE GAMBLING LICENSE TO MONTICELLO YOUTH PROGRAMS, INC. TO CONDUCT CHARITABLE GAMBLING ACTIVITIES AT RIVER CITY EXTREME, 3875 SCHOOL BOULEVARD ON MARCH 14, 2008. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution #200$-20. #5F Temporary charitable gambling license for Wright County Ducks Unlimited: Wayne Mayer stated he was disappointed in the financial paperwork that was submitted and wished it had included more detail. WAYNE MAYER MOVED TO ADOPT A RESOLUTION AUTHORIZING THE STATE GAMBLING CONTROL BOARD TO ISSUE THE CHARITABLE GAMBLING LICENSE TO WRIGHT COUNTY DUCKS UNLIMITED TO CONDUCT CHARITABLE GAMBLING ACTIVITIES AT RIVER CITY EXTREME, 3875 SCHOOL BOULEVARD ON MAY 5, 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution #2008-21. #SG Credit card application for Holiday Gas Station. Wayne Mayer stated the agenda item was drawing similarities between the Fire Department's use of the credit card and MCC staffuse of a credit card. Since the Fire Department has emergency vehicles they need to be able to purchase their fue124 hours a day. He questioned how MCC staff would be utilizing the credit card. Kitty Baltos, MCC Director informed the Council that the custodians would be the only ones using the card and it would be used primarily for their snow removal equipment. SUSIE WOJCHOUSKI MOVED TO APPROVE THE CREDIT CARD APPLICATION FOR MCC WITH HOLIDAY STATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearin on ro osed amendment malcin revisions to the 2008 fee schedule and a royal of increase in sewer/water rates and ancillary fees. Clint Herbst asked why the fee increase for sewer and water was not included in the previous Council approval of fees. It was noted that Public Works Director, John Simola was on vacation when the Council approved the 2008 fee schedule. John Simola thought these fees had been included in the original schedule but they were not. Finance Director Tom Kelly explained the water and sewer are enterprise funds and the costs of providing utility services are paid for by fees generated by the utility users. In the past the sewer and water rates had not been increased on a regular basis so that the user fees covered the cost of services. 3 Council Minutes: 2/25/08 In the budget setting process it was determined to increase the fees in 2007 and 2008. Even with the proposed 1S% increase, the funds will still show a negative balance because of depreciation of assets. Tom Ferrault questioned whether the cost savings the City realized in refinancing a number of bond issues, and the low bids received on the vehicle storage building and the digester mixers, had been taken into consideration when determining the rate increase. Tom Kelly noted in the 2008 budget for sanitary sewer the City had $237,000 which covered the digester mixers and the vehicle storage building. Even with funds for those improvements the sewer funds was low by $183,000. Tom Kelly stated the sewer and water rates were not adjusted to reflect the costs savings on the bond refinancing or the lower bids. Tom Perrault felt maybe these savings should be passed along to the residents. Clint Herbst stated that one time John Simola had presented a list of utility rates for communities in the area and Monticella's ranking on the list was close to the bottom. It was felt that the City needed to increase utility fees at least enough to cover their costs. Tom Perrault questioned why the cost per cubic foot increased to $.84/100 cubic feet once the user reached 4,000 cubic feet when the cost to produce the water would stay the same. Tom Kelly said the idea for increasing the rate for higher users is to encourage water conservation. He agreed the cost to produce the water doesn't increase because of higher usage but the greater demand does tax the system. The state encourages cities to adopt increased rates for water as a means to encourage conservation. Clint Herbst noted the City was trying to put the cost for the service on the people who actually use it rather than on a tax levy. Tom Ferrault indicated that he would like to have more information about the fund balances for the enterprise fiends. In the budget sessions it was the consensus of the Council to increase the fees to bring the funds into a healthy balance. Tom Kelly provided some budget information regarding the water fund. For 2008 with the increase rates, $841,000 was projected for revenues and expenditures were estimated at $1,195,843 so the fund would be short $354,843. $200,000 was budgeted for capital improvements. Tom Kelly nated that depreciation was a considerable item. The regular sewer fund was projected to have $816,000 in revenue and expenditures of $999,910 which would reduce the fiend balance by $183,910. Tom Kelly noted that $515,750 in expenditures is for depreciation. Capital outlays of $237,000 for the digester mixers and vehicle storage building was also included in expenditures. WAYNE MAYER MOVED TO APPROVE THE 15% INCREASE IN SEWER AND WATER USER RATES INCLUDING CHANGES TO SOME ANCILLARY CHARGES. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Wright County Sheriff s Department 2007 Year-End Report Gary Miller, Wright County Sheriff was present to review the annual report with the Council. City Engineer, Bruce Westby noted the Council had approved the police protection contract for 2008-2009 but the adding of the additional 4 hours of service per day was tabled. City staff had internal discussions about utilizing a CSO (Community Service Officer) to help take the load off the Sheriff s Department. The CSO could be utilized on a part-time basis to start. 4 Council Minutes: 2/25/08 Sheriff Miller then reviewed the year end report for 200'x. He noted that they lank at a five year time span so they can determine the difference between a trend and a blip on the radar screen. Calls for service have increased but there was no one specific area that stood out far the increase in number of calls. Wayne Mayer asked about the number of false alarm calls and if false alarms are chazged back. Sheriff Miller indicated the number of false alarm calls did increase. He added that Wright County does not bill back far false alarms. Otsego charges back based on names and addresses submitted by the Sheriff s Department. Traffic enforcement calls remained steady with the afternoon being the high time for service calls. Sheriff Miller explained how same code changes made a difference in how certain violations such as no proof of insurance were recorded and how that impacted certain figures. Sheriff Miller stated the Monticello Police Commission emphasized traffic enforcement as the major issue the Sheriffs Department should concentrate on. Sheriff Miller then went on to review the Part I and Fart II crime categories. Most of the increases in the Part I crimes were in larceny and theft. He pointed out that the Monticello has a vibrant business azea and being along the I-94 corridor it is often people outside the area who commit these crimes. He didn't feel what was happening was anything unique to Monticello. He felt larceny was increasing statewide. Wayne Mayer asked about the Part II crimes as compared to Part I crimes. Sheriff Miller explained that Part I crimes would be of a felony nature and Part II crimes would be less severe. Usually value determines if it is a Part I crime or Part II crime. Wayne Mayer asked how Monticello compared with other communities as far as crime. Sheriff Miller responded that it varies from city to city but he felt Monticello was average as faz as crime. He noted that having a number of businesses open 24 hours a day is kind of an inherent attraction for crime. He talked about "immigrant" crime which is committed by people who don't live in the area and are against people who don't live in the azea. There is also "neighborhood" crime which is perpetuated against the residents by other residents. He felt that the Sheriff s Department is a very visible presence in the community which may discourage some types of criminal activity. Clint Herbst asked about the methamphetamines issue. Sheriff Miller responded that the number of meth labs is declining but there continues to be problems with crimes committed by addicted meth users. He felt the drug education aspect was very important in keeping the number of new users down. He added that over the counter drugs is becoming a problem. On March 1 1, 2008 there is a drug awareness event that will focus on over the counter drug use. Tom Ferrault asked about the increase in the number of medical calls. Sheriff Mill stated the population numbers are increasing and the population is getting older which he felt accounted for the increase. Sheriff Miller indicated that with the number of big box stores in the community it is expected that there would be some shoplifting crimes but he stated many of these business have good internal security. He felt working with the corporate enterprises and tough prosecution of criminals makes for a hostile environment in which to commit crime. He recognizes that law enforcement and businesses have to work together. 5 Council Minutes: 2/25/08 Wayne Mayer asked about the Community Service Office and the administrative duties that position would handle. He asked if the CSO would be an employee of Wright County or the City. Sheriff Miller stated that Wright County does not have any CSOs and there were a number of reasons for that which there wasn't time to go into. Sheriff Miller stated he is not sold on the concept of a CSO but he is not opposed to it. Sherriff Miller stated the police reserves do a number of administrative tasks for the Sheriffs Department such as controlling traffic at parades and other functions. There was some discussion on what duties the CSO would undertake and how that would impact the number of hours of patrol needed from Wright County. Clint Herbst felt residents would like someone to show up with the ability to respond to whatever the incident maybe. Clint Herbst asked about the time frame to notify the Sheriff s department on an increase in hours. Sheriff Miller felt it was important to take into consideration what the residents want to see and what the feedback is from businesses. The Sheriff's Department will let the City know when it is critical to increase the hours of service. He didn't think a CSO would relieve the City of law enforcement needs. He felt, looking at the trends, it is getting close to the time for additional coverage. Wayne Mayer noted that a lot of the feedback from residents is about speeding violations and he felt that was something that should be pursued. Sheriff Miller noted that two years ago the County Board authorized one full-time traffic enforcement officer. Sheriff Miller will meet with the Police Commission to discuss the CSO. Clint Herbst requested that the Police Commission study the issue and present a recommendation to the City Council. The Police Commission had recommended adding an additional 4 hours a day of police protection and this was included in the 200$ budget to start in July. The Sheriffls Department can let the City know if they have staffing to handle an additional 4 hours a day beginning July 1. Wayne Mayer asked how the 4 hours of additional coverage would be split. Sheriff Miller said that the Police Commission had directed that the 4 hours be split between traffic enforcement and neighborhood patrols. Sheriff Miller said his office can shift the 4 hours. If, for example, a shift is normally 2 p.m.-6 p.m. but the need is greater from 6 p.m.-10 p.m. they can shift those 4 hours to when they are needed mast. Susie Wojchouski felt the CSO position didn't have the expertise to handle very much of what a patrol officer would do, would require training and would need a vehicle. In all she felt a CSO could be a costly route. Clint Herbst felt the CSO did not take any of the work load off the Sheriffls Department. SUSIE WOJCHOUSKI MOVED TO INCREASE THE WRIGHT COUNTY SHERIFF'S DEPARTMENT CONTRACT HOURS FOR THE 2008-2009 CONTRACT PERIOD BY 4 HOURS PER DAY EFFECTNE JULY 1, 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of re uest from Habitat for Humani for waiver of fees. Staff reported that the Building Department had reviewed the plans for Habitat for Humanity Home proposed to be built in the Sunset Ponds area and came up with a fee total. The fees that are passed through such as the state surcharge are not proposed to be waived. The permit fees, plan 6 Council Minutes: 2/25/08 review, SAC and WAC charges come to about $7,820. Jeff O'Neill stated that the City Attorney indicated that if the City does waive the fees they should have a finding for doing so such as the waiver is necessary to provide decent housing for all income levels. It was also noted that the Sunset Ponds is covered by a PUD and the house would have to meet those standards. Gary Anderson, Building Official said he has reviewed the plans and they meet or exceed the standards with the exception of the 15% brick requirement an the front. Clint Herbst asked how the house would compare to others in the area. Gary Anderson said the Habitat for Humanity House is equal in dollar value to other homes in the area. Clint Herbst said he didn't have a problem with waiving the fee but he expected the house to complement other homes in the neighborhood. Susan Biasco for Habitat for Humanity stated the family who receives the house must commit to 400 hours of work on the house and they must be able to pay back the cost of the loan. It is an interest free mortgage running far 30 years. Habitat for Humanity houses have certain standards they have to follow. They are not custom built homes. Brick or ornamental facade is not something that is in the Habitat for Humanity's building plan. Clint Herbst said the City has standards in the area where the house is being built and he asked if there was anyway they could change their house plan. Wayne Mayer felt the City has to be sensitive to the other homes around it. Susan Biasco said they have some flexibility to change the house plan. Gary Anderson stated in the R-1 district house size must be 1,050 square feet of finished float space. This house will be approximately 1,068 square feet. Wayne Mayer said the cause is fantastic and they can assure the City that the house meets the requirements of the PUD he would have no problem waiving the fees. WAYNE MAYER MOVED TO AUTHORIZE A WAVER OF CITY BUILDING PERMIT FEES FOR THE PROPOSED HABITAT FOR HUMANITY HOME UP TO $7,648.'4 BASED ON A FINDING THAT THE WAIVER SUPPORTS THE COMMON IDEAL OF DECENT AFFORDABLE SHELTER FOR ALL AND THAT THE BUILDING CONFORMS TO THE STANDARDS FOR THAT AREA. CLINT HERBST SECONDED THE MOTION. Tom Ferrault stated that while he personally supported the project he feels the fees should not be picked up by the taxpayers. Susie Wojchouski didn't feel the City could write off $8,000 every year and suggested that the City place a limit on the number of homes such as one per five years or some other limit. Susan Biasco stated that most of the communities do not waive a 100% of the fees but rather some partian of them. She stated that Habitat for Humanity realizes the Council has to be understanding of the taxpayer. There was some discussion on where other Habitat for Humanity homes have been built. Susie Wojchouski asked if this could be tabled so the City Council could find out what other cities contributed. Susan Biasco stated that off hand she didn't know the contribution amounts from other cities. She stated Habitat for Humanity needs the additional $30,000 by April and she felt they could make the $30,000 with or without the City's contribution. Tom Perrault stated he would be against any city donation. Susie Wojchouski felt if the City researches this they might feel more comfortable as far as a donation. WAYNE MAYER WITHDREW HIS MOTION AND CLINT HERBST WITHDREW HIS SECOND TO THE MOTION. WAYNE MAYER MOVED TO TABLE ACTION ON THIS UNTIL THE NEXT MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes: 2/2S/08 10. Consideration of ro osal from Wri ht-Henne in Electric to u date residential li htin s s_y tem. Wayne Mayer asked about the franchise agreement with Xcel Energy and wondered why the City didn't have a similar agreement with Wright-Hennepin. Tom Moores reviewed the proposal for street lighting. This proposal was from Wright-Hennepin to upgrade the existing lighting system. In 2005 modifications were made to the City's street lighting policy changing the spacing from 700 feet to 350 feet. The purpose of the upgrade was to develop a more uniform lighting system Tom Moores reviewed the modifications to the policy noting these changes covered any street light installed after May 2005. At this point John Simola has not been able to get a propasal from Xcel Energy. The City did upgrades to the street lights as part of the street reconstruction projects. Wright-Hennepin covers just a small area of the City so it was decided to da this project first. The Wright-Hennepin coverage area includes part of the River Mill area, River Forest Addition, Sandberg East Addition and Sunset Ponds. The cost to upgrade the 261ight fixtures is $595/fixture. Tom Moores noted that two of the new lights have been installed on River Forest Drive. Clint Herbst asked if there was a cost efficiency in have the new lights. Tom Moores indicated that he couldn't answer that but believed Jahn Simola who was not able to be present at this meeting had researched it. Finance Director Tom Kelly believed John Simola had indicated the new lights would cost half as much to operate. It was felt that residents would like to see more lighting in the neighborhood. Tom Moores stated that this project was budgeted in 2007 and if the City authorizes the project it could be done this spring. Susie Wojchouski asked why this area was selected since there are other areas where the lighting is much worse and she felt the City could hold off on this project for a few years. Tom Moores said since they were unable to come up with an agreement with Xcel it was decided to do the Wright-Hennepin coverage area first. The Council discussed same other street lighting project areas and how the franchise fee could be utilized for funding these projects. Susie Wojchouski felt that some of the franchise fee would go towards Chelsea Road lighting improvements. John Simola is going to prepare a CIP program for the street lighting work which would outline the costs for the project. Torn Kelly stated the City has collected approximately $80,000 in franchise fees which was used to balance the general fund in 2007. The franchise fee was not part of the $100,000 set aside in the 2007 budget for street lighting. Susie Wojchouski asked if there was any energy efficiency information. Wayne Mayer said something else to look at is the fact that the City raised taxes this year and residents are expecting to see something from that increase. He thought this was a goad value for the city. WAYNE MAYER MOVED TO AUTHORIZE THE FIXTURE UPGRADE FOR 26 LIGHTS AND ADD 21 NEW STREET LIGHTS INCLUDING POLIES AND FIXTURES IN THE RIVER MILL ADDITION, RNER FOREST ADDITION, SANDBERG EAST ADDITION INCLUDING GILLARD AVENUE NE AND SUNSET PONDS WITH THE WORK TO BE COMPLETED BY WRIGHT HENNEFIN ELECTRIC AT AN ESTIMATED COST OF $57,937.80 AND WOULD BE COMPLETED UNDER CITY PROJECT NO.20084-04C WITH THE WORK TO START IN SPRING AND BE COMPLETED IN EARLY SUMMER. Tom Ferrault noted the corrected cost on the fixtures which would alter the total cost figure. Tom Moores said the cost difference would less than the cost of 1 light fixture. Council Minutes: 2/25/08 WAYNE MAYER AMENDED HIS MOTION TO REFLECT THAT THE TOTAL COST WOULD BE $57,342.80. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski questioned why fixtures that were only 3 years old had to be replaced. Tom Moores stated that in Sunset Ponds the lights are five yeazs old and in the River Forest area they aze ten years old. 11. Consideration of re-sale re ort: G.O. Sewer Revenue Refundin Bonds. Finance Director, Tom Kelly reviewed the pre-sale report on the refinancing of the WWTF plant note which runs another 10 years before being paid off. The current interest rate on the note is 4.08%. Ehlers and Associates, the City's financial consultants estimated that City could issue new bonds at an interest rate of 3.325%. This results in a savings of $380,000 over the remaining ten years. Clint Herbst asked why this refinancing was not included with the refinancing of the 2002A series and the MCC revenue bonds. Tom Kelly indicated they had looked at refinancing this note at that time but the interest rate didn't generate the savings needed justify refinancing it. Tom Kelly said the refinancing is good because it lowers the debt per capita and increases the amount of the City's short term debt rather than long term debt. WAYNE MAYER MOVED TO ACCEPT THE PRE-SALE REPORT AS SUPPORT FOR REFINANCING THE WASTEWATER TREATMENT PLANT NOTE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Item: Tom Perrault stated a resident felt they were getting a run around about what could be done with dogs barking at all hours of the day. Gary Anderson explained the process far handling dog complaints. Clint Herbst felt it was something that should be discussed by the Police Commission at a future meeting and suggested getting information out on Channel 12. Jeff O'Neill felt the Council should funnel all requests through him as he felt information coming from one source would be better. Clint Herbst noted that a special meeting had been called by two Councilmembers on Feburary 19th regazding action with Kjellberg which is currently under litigation. He stated he would have no problem signing the special meeting notice. He said he would appreciate it if this type of thing comes up at a meeting and not outside the public forum. 12. Consideration of a rovin a meat of bills for Februa Wayne Mayer questioned a $5000 bill from NAC in which 34% of the bill was identified as general and wondered why greater detail couldn't be provided about this general work. Steve Grittman indicated "general" covered things such as attendance at meetings or unspecified projects. Wayne Mayer also questioned a $12b pizza party bill. Torn Moores explained this was in recognition of an employee's 20 years with the City. Jeff O'Neill said there is a fund to cover employee recognition events or retirement. Tom Kelly clarified that the City does not have a true employee recognition fund. The finance department had questioned the bill. 9 Council Minutes: 2/25/08 Wayne Mayer asked about a statement of $180 for a creative fee. Susie Wojchouski thought the creative fee was for creating a logo or layout of a design. Lastly Wayne Mayer stated that the bill for CCG Consulting listed miscellaneous professional services for $12,906 and he felt this bill too should have been itemized more fully. TOM PERRAULT MOVED TO PAY THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adiourn. TOM PERRAULT MOVED TO ADJOURN AT 9:40 P.M. WAYNE MAYER SECONDED THE MOTION CARRIED UNANIMOUSLY. Recording Secretary 10 Council Minutes: 3/10/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 10, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, and Brian Stumpf. Members Absent: Tom Perrault and Susie Wojchouski 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. A rove minutes of Februa 25 200$ Re ular Council meetin . Since Brian Stumpf was not present at the February 25, 2008 meeting and would need to abstain from voting on the minutes, there was not a quorum to act on the minutes. Action on the minutes was tabled until the next meeting. 3. Consideration of adding items to the agenda. Brian Stumpf indicated he had received several telephone calls from residents in the 6th Street/Vine Street area regarding a petition that was sent to the City Council. This matter will be addressed by the City at their March 24, 2008 meeting. Wayne Mayer added a discussion of the traffic signals along CSAH 18 from School Boulevard to CSAH 75. Tom Kelly, Finance Director, added the hiring of apart-time Payroll/Finance Clerk and the hiring of a Senior Accountant. The Council placed these two items on the consent agenda. 4. Citizen comments, netitians, requests and concerns. No one spoke under citizens comments. 5. Consent Agenda: A. Consideration of ratifying new hires and departures far MCC. Recommendatiou: Ratify hires and departures as identified. B. Consideration of adding liquor provider to MCC list of providers for 2008-2009. Recommendation: Approve Red's Cafe from Montrose, Minnesota as an approved provider for the MCC for 2008-2009. C. Consideration of approval of a resolution updating Municipal State Aid Street (MBAs) system for the City of Monticello. Recommendation: Adopt Resolution 2008-24 removing Highland Way from the MSAS system and designating a portion of Cedar Street and 4th Street as MSAS additions for the year 2008. Res. #2008-24. Council Minutes: 3/10/08 D. Consideration of acceptance of work and approving final payment far River Mill Pathway Improvements, City Project No. 2006-30C. Recommendation: Accept the improvements and approve the final payment of $4,984."14 to Knife River contingent upon receipt of the final paperwork. Res. #200$-26 E. Consideration of approving contribution from VFW Post 8731. Recornrnendation: Approve the contribution and authorize use of funds as specified. Res. #200$-23. F. Consideration of approving transfer of liquor license for Jala Penos Bar and Grill. Recommendation: Approve the transfer of the on-sale liquor license for Jala Fenos from 350 Cedar Street to 512 Highway 25 South contingent upon the City receiving a revised certificate of insurance reflecting the address change. G. Consideration of approval of a resolution requesting a speed study on Broadway Street East of CSAH 18. Recommendation: Adopt Resolution #2008-25 requesting the speed study. Res. #200$-25. H. Consideration of hiring a part-time Fayroll Finance Clerk. Recommendation: Approve the hiring of Heidi Eckerman for the part-time Payroll/Finance Clerk. Consideration of hiring Senior Accountant position. Recommendation: Approve the hiring of Karri Thorsten for the Senior Accountant position. In connection with the speed study, Brian Stumpf wanted to know how MnDOT was coming along with the work on the traffic study along TH 25. City Engineer, Bruce Westby said the City is doing the traffic modeling using data from MnDOT. Monticello will be working with Big Lake on a regional level to see what can be done about TH 25. He noted the speed study on the agenda covers just that segment of Broadway lying between CSAH 1$ and Meadow Oak Avenue. Clint Herbst asked about the timing of the speed study noting that it was proposed that MnDOT would be doing some work in the area and that the old ramps maybe opened up again which would change the traffic flaws. Bruce Westby acknowledged that the question had been posed to MnDOT who felt the study should be done at this time. Clint Herbst asked about the time frame for TH 25. Bruce Westby stated the City will be meeting with Chuck Rickart from WSB this week to get a plan in place to present to MnDOT. Brian Stumpf asked if there was a cost for MnDOT doing the speed study. Bruce Westby responded there is no charged for doing the speed study. Brian Stumpf felt one other area that might require a speed study would be on Chelsea Road from Fallon Avenue to TH 25 where the speed varies from 45 mph to 30 mph. Bruce Westby indicated when the construction is completed, which should be this summer, a speed study will be done. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEMS #SH AND #SI, HIRING OF PERSONNEL FOR THE FINANCE DEPARTMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 2 Council Minutes: 3/10/08 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of waivin all or a ortion of the Ci 's fees for the Habitat for Humani home, Finance Director, Tom Kelly provided information he had received from other communities regarding city contributions for Habitat for Humanity. The responses he received ranged from not waiving any of the fees to waiving all or a portion of the fees. Wayne Mayer asked if there was something the EDA could do to assist. Ollie Koropchak, Economic Development Director, said there were instances where as part of the land cost write down, the trunk fees were waived. It was something the EDA could look at. She added that the EDA would be meeting on March 12th and this could be added to their agenda if the Council wished. Ollie Koropchak felt that if it was something the EDA would consider it would be best to establish criteria so that if other similar cases came up they could be evaluated based on the criteria established. Susan Biasco, 19551 207th Street NW, Big Lake, representing Habitat for Humanity informed the Council that Habitat for Humanity has to have all their funds secured before they can start construction. They anticipate construction to start in May. Susan Biasco stated the house is being built for a family who otherwise would not be able to afford housing in Monticello. Most of the families who have moved into the approximately 50 houses built by Habitat for Humanity for Central Minnesota have remained in the homes. They pay taxes to the community they live in and shop in the community. In further discussion of the fees, Wayne Mayer suggested waiving fees in an amount that would be equivalent to one year of taxes. Clint Herbst suggested a portion or the entire building permit fee and plan check fee could be waived. WAYNE MAYER MOVED TO APPROVE A $1,500 REDUCTION IN THE BUILDING PERMIT FEES FOR THE HOME PROPOSED TO BE CONSTRUCTED BY HABITAT FOR HUMANITY. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0 8. Consideration of awardin bids on the 2008 G. O. Sewer Revenue Refundin Bands. Finance Director, Tom Kelly reported that the bonds were nat issued. The subprime mortgage problem hit the bond market hard and the rates were such that the City's proposed savings in refinancing the bonds dropped from $385,000 to $100,000. Ehlers & Associates, the City's financial consultants, prepared a resolution that if approved would allow the Mayor and Finance Director to gv forward with the bond sale when the interest rates were more conducive. WAYNE MAYER MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE MAYOR AND THE FINANCE DIRECTOR TO PROCEED WITH THE ISSUANCE OF THE BONDS AT THAT TIME WHEN THE BOND CAN BE ISSUED AT A TRUE 3 Council Minutes: 3/10/08 INTEREST RATE NO HIGHER THAN 3.40% PER ANNUM. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 9. Consideration of a ravin Chan a Order No. 1 for Chelsea Road Reconstruction Proiect, City Proiect No. 2006-31C Shibani Bisson from WSB explained that change order consisted of two parts. One part covered the turn lanes and utility connections required for the Mills Fleet Farm site. The other part of the change order related to constntction changes that had to be done because the location of a 21 inch watermain was not laid out as shown in the City's record drawings. Shibani Bisson noted the costs covered by this change order had been included in the amounts that were assessed in the fall of 2007. The appraxirnately $69,000 in work for the Mills Fleet Farm site has been approved by the engineer for Mills Fleet Farm and was included in the assessments. The total amount of the change order is $88,495.38. Clint Herbst questioned the $168 charge for replacing a mailbox and wonder if the other items were also inflated in value. Shibani Bisson stated that each item had been reviewed and negotiated with the contractor. BRIAN STUMPF MOVED TO APFROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $88,495.38 FOR LATOUR CONSTRUCTION FOR THE CHELSEA ROAD RECONSTRUCTION PROJECT, CITY PROJECT N0.2006-31 C. Wayne Mayer questioned the reconstruction of the service lines. John Simola stated this line was put in by a private developer and his contractor and there were no as-bunts for the project. WAYNE MAYER THEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 10. Consideration of replacing 1985 MT Trackless versatile sidewalk/pathway machine. Tom Pawelk, Parks Superintendent was asking the Council to consider replacing the 1985 MT Trackless which because of safety issues is no longer being used. They are proposing to obtain a used 1999 MT Trackless from MacQueen Equipment for $31,950. $30,000 was included in the 2008 budget and the remaining $1,950 would come from the sale of the 1985 MT Trackless. The 1999 MT Trackless had been used by the City of Plymouth and then refurbished by MacQueen Equipment. Clint Herbst asked about the number of hours on the two pieces. Tom Pawelk indicated that the 1985 MT Trackless had 68,000 hours and the 1999 MT Trackless had 11,600 hours. The City of Plymouth replaces their equipment every seven years regardless of condition which was why this piece was available. Public Works Director, John Simola noted that the MT Trackless was the only piece of equipment they had that would take care of snow removal on both the 4' and 6' wide sidewalks. Wayne Mayer asked how long they expected the 1999 MT to last. Tom Pawelk thought the City should be able to get ten years out of it. 4 Council Minutes: 3/10/08 WAYNE MAYER MOVED TO PURCHASE THE USED 1999 MT TRACKLESS FROM MACQUEEEN EQUIPMENT FOR THE SUM OF $31,950,000 INCLUDING SALES TAX AND TO SELLL THE 1985 MT 3 TRACKLESS OUTRIGHT TO RECOVER THE COST OF SALES TAX. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 11. Consideration to a rove a re uest for final lat and a re uest for rezonin from B-3 Hi hwa Business to B-4 Re Tonal Business District for the ro osed Jer Hartun Addition and consideration of related assessment a reement and resolution. A licant: SB 22, LLC/Mike Krutzi~. Kimberly Holien, Consulting Planner provided the background for this item. Outlot A and Lot 3, Block 1 of the Monticello Business Center 2"d Addition are being replatted into the Jerry Hartung Addition. In addition the applicant is requesting rezoning for the property going from a B-3 District (Highway Business) to B-4 District (Regional Business). Kimberly Holien pointed out that while the purpose of the B-3 and B-4 districts are the same, the B-4 zoning allows for a greater variety of commercial uses. The B-4 District has no minimum setbacks required. The applicant has provided approximately 2,500 sq ft (.058 acres) far right-of--way far the future extension of Cedar Street and has provided easements as required. The applicant will be extending utility connections to service the site. The proposal is consistent with the Comprehensive Plan. Kimberly Holien referenced the Conditions of Approval noting that conditions #1 and #5 have been satisfied. The applicant, Mike Krutzig, who was present at the meeting stated he was aware of the conditions and they were acceptable to him. Brian Stumpf asked for clarification on #4 which called for an agreement regarding the fiiture extension of Cedar Street. Kimberly Holien indicated that the City is working on this agreement. The applicant maybe using the Cedar Street right-of--way for parking until such time the right-of--way is actually needed for the street. It was noted that the parking on the proposed restaurant site is in excess of what is required by ardinance. Wayne Mayer asked if the parking meets the requirement of the ordinance why is the agreement needed. Kimberly Holien said the agreement is necessary to cover the future extension of Cedar Street and the assessment costs for it. BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR FINAL FLAT AND REZONING FROM B-3 (HIGHWAY BUSINESS) TO B-4 (REGIONAL BUSINESS) BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE PERFORMANCE REQUIREMENTS FOR THE B-4 DISTRICT, THE CHARACTER OF THE SURROUNDING PROPERTIES AND THE COMPREHENSIVE FLAN SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPLICANT SHALL BE REQUIRED TO PROVIDE A STORM SEWER EASEMENT THROUGH THE CENTER OF THE PROPERTY AS DETERMINED BY THE CITY ENGINEER. NO PERMANENT STRUCTURES MAY BE LOCATED WITHIN SAID EASEMENT; 2) THE APPLICANT SHALL BE REQUIRED TO EXTEND MAINLINE SEWER AND WATER THROUGH THE SITE WITH SERVICES TO EACH FUTURE BUILDING. A DRAINAGE AND UTILITY EASEMENT WILL BE REQUIRED OVER THE MAINLINE; 3) NO PERMANENT STRUCTURES MAY BE LOCATED WITHIN ANY DRAINAGE AND UTILITY EASEMENTS; 4) THE APPLICANT SHALL ENTER INTO AN AGREEMENT 5 Council Minutes: 3/10/08 WITH THE CITY ADDRESSING THE FUTURE EXTENSION OF CEDAR STREET AND ASSOCIATED ASSESSMENTS AND 5) THE PLAT IS CONTINGENT ON REIVEW AND COMMENT BY MNDOT. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. Wayne Mayer asked that Kimberly Holien explain again for the public the difference between the B-3 and B-4 zoning districts. Kimberly Holien stated the purpose of the twa zonings is the same but the B-4 allows a greater number of permitted uses. 12. Consideration of a reauest for a conditional use permit for concept stage planned unit develo meat for a retail commercial develo rnent in the Central Communi District. Annlicant: Lays Tire, Inc. This item was tabled at the request of the applicant. 13. Consideratian to revfew and authorize remodelin of front reee tian area as related to customer service improvements. The Council received information about a proposal to do limited remodeling in the receptionist area of City Hall to allow better customer access to the Building Department. Since many of the people coming into City Hall have building related concerns it was felt this remodeling would give people better access to building department personnel and relieve the receptionist position of tracking down building staff to handle people at the counter with building questions. Staff had contacted five local contractors and gat quotes back from three ranging in price from $2,700 to $4,000. The remodeling work was not budgeted in 2008 but there are funds available to handle the project cost. Brian Stumpf asked how much time the remodeling project would take. Staff indicated that the contractors could do the work evenings or weekends. Wayne Mayer said staff at some point needs to lack at long term alternatives rather than just quick fixes and small remodeling projects. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO PROCEED WITH REMODELING OF FRONT RECEPTION AREA AS RELATED TO CUSTOMER SERVICE IMPROVEMENTS BASED ON THE LOWEST ESTIMATE PROVIDED WITH THE INITIAL ESTIMATE PROCESS NOT TO EXCEED $4,000. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. Wayne Mayer asked how much of the open space would be taken up by the remodeling. The open space in front of the receptionist counter will not be affected. The space that will be taken will be behind the receptionist area. 6 Council Minutes: 3/10/08 14. Consideration of a re uest for amendment to the Monticello Zonin Ordinance for the re ulation of radin erosion and sediment cantrol. A licant: Ci of Monticello. Staff had review the proposed amendment relating grading and erosion control and felt some revisions were necessary. These changes were made and the revisions were approved by the Planning Commission at their March 4, 2008 meeting. The ordinance brings the City in line with state and federal regulations. At the present time the City's standards and criteria far grading and erosion control are in various sources. This ordinance centralizes the information. Under the City's current ordinance no permit is required for grading that does not exceed 400 cubic yards. Staff felt there are projects involving less than 400 cubic yards that should be reviewed by staff. Most of the revisions to the ordinance occurred in the enforcement section. Brian Stumpf asked about not being in compliance with state and federal regulations. Staff responded that the proposed erosion control ordinance is being used as a template for other communities. Charlie Pfeffer spoke on the proposed ordinance. He stated that the Pollution Control Agency is in the process of securing comments and upon completion of the comment period will be revising their criteria for construction activity and discharge of stormwater. The comment period runs through March 26, 2008. Charlie Pfeffer stated that handling stormwater runoff is becoming increasingly expensive and the City should look carefully at what they are mandating. He felt the City should look at specifically two things relating to the proposed ordinance. One item is the definitions used. The definitions should match the definitions used by the PCA, DNR and Army Corp of Engineers. The other issue is redundancy. There is a security requirement for the developer and now the City is proposing to require one for the builder. He also felt that 15 days to issue a grading permit was an inordinate amount of time to review a plan and issue a permit. He also felt there should be consideration given a reasonable response time for inspections and reduction/return. of security. There was Council discussion on whether the ordinance should be delayed until the PCA revisions are in place which should be August 1, 2008. Currently the City does not require a permit for construction of parking lot. Because of that there is no way to gauge how much runoff is generated. The question is what problems, if any, are created by not having a parking lot permit process. Brian Stumpf asked what prompted this ordinance to be brought forward. The ordinance contains the best practices from other communities to establish the criteria for handling erosion problems. Staff would like to have the ordinance in place before development growth starts again. Bruce Westby stated the City had adopted SWPP and part of that program included the implementation of an erosion cantrol ordinance. He felt the City needs to move forward with the ordinance as quickly as possible. Charlie Pfeffer believed that the state does not mandate that the City adapt an ordinance but rather that the city complies with what the standards are. BRIAN STUMFF MOVED TO TABLE THE EROSION CONTROL ORDINANCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 7 Council Minutes: 3/10/08 15. Consideration to review for recommendation roceedin with a Re uest for Pro oral far the cam letion of a corn rehensive u date to the Monticello Zonin Ordinance. Since the City's ordinances control land development, staff is requesting authorization to proceed with a request for proposal to da a comprehensive update of the Monticello Zoning Ordinance which is Chapter 10 of the City Code. The zoning ordinance was adopted in the 1970's and there are pardons of the ordinance that are outdated. Since the ordinance was adopted there have been numerous revisions with the adoption of some revisions creating inconsistencies in the ordinance. Staff outlined the various reasons to consider revising the ordinance. The Planning Commission supports the proposed revision to the zoning ordinance. City staff will prepare the RFP outlining the scope of work. This will be approved by the City Council and the Planning Commission. Representatives from the Council and Planning Commission will review the RFP's that are received and make a recommendation on the consultant selection. After the consultant is selected a steering committee will be set up to make decisions relating to the ordinance such as format, etc. Wayne Mayer felt it didn't make sense to assign someone to the steering committee until the RFF has been reviewed by the Council. WAYNE MAYER MOVED TO PROCEED WITH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL (RFP) FOR A COMPREHENSIVE UPDATE OF THE MONTICELLO ZONING ORDINANCE AS PROPOSED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 16. Consideration of reviewin ro asals and awardin a contract for the removal re air and reinstallation of dee well turbine um #4 and a urtenant wor Ci Pro'ect No. 2008-1C. Fublic Works Director, John Simola indicated that this item was not on the consent agenda because staff was considering waiving of an irregularity in the process of getting the quotes. Staff had sent out an addendum on the project which required mailing back an acknowledgment. Three of the bidders failed to do so. The low bidder had been contacted and stated even though he had not sent the acknowledgement, he was aware of the addendum and his proposal was based on information in the addendum. BRIAN STUMFF MOVED TO APPROVE THE REFURBISHMENT OF WELL N0.4 BY THEIN WELL COMPANY BASED UPON THEIR LOW PROPOSAL OF $14,921.00 AS LISTED IN THE PROPOSAL TABULATION. Wayne Mayer asked if the City open itself up to any liability by waiving the irregularity. John Simola indicated na. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. Added Items: Wayne Mayer questioned the traffic signals on CSAH 18 from School Boulevard to CSAH 75 and why they don't allow left turn on the green signal. City Engineer Bruce Westby said 8 Council Minutes: 3/10/08 he will check into it and bring it up in the meeting with Traffic Engineer Chuck Rickart. Jeff O'Neill updated the Council on the tax bill containing the provision for utility carnpanies. 17. Consideration of ~pproyin~ payment of bills for March. Wayne Mayer questioned the bill of $7T5 from the Chamber of Commerce and expressed concerns about using taxpayers' money far membership in the organization. There was also the question of whether it was legal for the City to be a member of that type of organization. Brian Stumpf said he would like to hear from the Chamber of Commerce before making a decision on whether to continue membership and also get feedback from the City Attorney as to whether the City can legally be a member. Wayne Mayer felt the City should hold off on paying the membership fees until the legal question can be resolved but felt the other charges far meals sponsored by the Chamber of Commerce could be paid. Wayne Mayer questioned how many tickets were sold to the wine tasting event and whether the $800 in advertising was used prudently. WAYNE MAYER MOVED TO FAY THE BILLS WITH THE EXCEPTION OF THE BILL FOR MEMBERSHIP FEES FROM THE CHAMBER OF COMMERCE. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 18. Adiourn. BRIAN STUMPF MOVED TO ADJOURN AT 8:45 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. 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N ~o Q1 r-C [J I cn ~ WW .5~. .Y.HH HMNIDW WHwW z~o~a~ ~w oaoooE-~~ ~w ~ a a W 1 ~ bUN w q, FKCooor.~W HH W~ W Q ~ C7aWgaUaucnu U a ~ ~ ~ i w ~ a NNN~cnrxw w Z i C 7 ~o N ~ Q A ~ a wl U] UM ~ ~ ~ rlr-I r'1 [~L(1 ~D O~C?NMO~~D Q~rIN OOH Ln C>rlr-I~NNN~l01D O 000~d~O OC7 L11 L(1 E-i ~ ~ i ,~T-i H iCiO w W i r-INNNNNNNNNeN d'd~d~~0 lp lD lD lO O CA (]'~ i ~] H z w a a 0 w A W 0 rx a a [a q W ~ ' W a • C/] y-I d. Fq Q w w a ~ b >+ w ~ a a ~ H ~Q W b H ' W H a u z H Q w U W C4' ~" ~ q Council Agenda: 3/24/08 SA. Consideration of a rovin new hires and de artures for MCC Parks and Liquor (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Farks Department and Liquor stare.. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the pasitians 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 attached 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. SUPPORTING DATA; List of new employees. • Name Title Department Hire Date Class Vetsch, Jill Event Host • Name MCC TERMINATING EMPLOYEES Reason Department Last Day Class Hammill, Dawn voluntary liquor 3/1/08 PT_ _ Becker, Joel seasonal Parks 3/3/08 Tem lusti, Matt seasonal Parks 3/3/08 Tem Hook, Kate seasonal Parks 3/3/08 Temp Hertwig, Summer seasonal Parks 2/29/08 Temp Vogel, Eric seasonal Parks 2/29/08 Tem C7 council employee list.xls: 3/20/2008 Council Agenda: 3/24/08 SB. Consideration of a rovin a ointment for Parks Commission vacant . (JO) A. REFERENCE AND BACKGROUND: The Parks Commission has been recruiting applicants to fill the vacancy created with the resignation of Ben Hitter. At their meeting on March 6, 2008 the Parks Commission talked to Mark Larson about his interest in the position. The Parks Commission recommends that the City Council approve the appointment of Mark Larson to fill the vacancy an the Forks Commission. B. ALTERNATIVE ACTIONS: The Council appoints Mark Larson to fill the vacancy on the Parks Commission. His term would run through December 2010. 2. Do not approve the appointment. C. STAFF RECOMMENDATION: The Parks Commission has spent some time trying to find candidates for the Parks Commission. The Parks Commission and staff recommend the appointment of Mark Larson to fill the position held by Ben Hitter. D. SUPPORTING DATA: None. City Council Agenda - 03/24/08 SC. Consideration of a re uest for a Conditional Use Permit for Devela meat Sta a Planned Unit Develo ment a royal and Conditional Use Permit a royal for a drive throu h lane at Lot 2 Black i of Union Crossin s Third Addition. A licant: McDonald's USA LLC. (NAC) The Planning Commission heard this item at the March 4, 2008 regular meeting and recommended approval of the request with conditions. The applicant has since submitted revised plans, satisfying three of the conditions in Exhibit Z. However, the revised plans have not fully addressed staff concerns with turning movements throughout the site for trucks and emergency vehicles. The applicant has submitted turning radii for trucks that relies on aff--site access adjacent to the drive through lane. The City Engineer has reviewed these illustrations and recommends that this issue be resolved by requiring the applicant to illustrate that turning movements are possible an the subject site only. A condition has been added to Exhibit Z accordingly. Three other conditions of approval also remain. B. REFERENCE AND BACKGROUND: McDonald's USA, LLC is seeking a Conditional Use Permit for development stage Planned Unit Development for the construction of a fast food restaurant and a Conditional Use Permit for a drive through lane at Lot 2, Block 1 of Union Crossings Third Addition. The applicant is proposing a freestanding fast food restaurant on a 1.21 acre site. The underlying zoning is B-4, Regional Business. ANALYSIS The subject site is located north of Interstate 94, south of 7th Street and west of Highland Way. The existing Flanned Unit Development contains Home Depot, Target, an inline retail center, a freestanding multi-tenant retail center and multiple pad sites. The subject site is located south of the Home Depot building. A concept review was performed far the site in 2004. The site relied on PUD far shared parking, shared access, and setback flexibility. Comprehensive Plan: Monticello's Comprehensive Flan designates this area for commercial use. Zonin :The subject site is zoned B-4, Regional Business. The purpose of the B-4 regional business district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. It is the applicant's responsibility to design the development with significant benefits and communicate those benefits to the City for allowing aCUP/PUD. Parking. The parking requirement for restaurant uses is one parking stall for each 40 square feet of dining area, and one parking stall far each 80 square feet of kitchen area. Using this calculation, 10 percent of the total building area is presumed to be reserved far hallways, restrooms, utilities and the like. As such, the parking requirement for the use is as follows: City Council Agenda - 03/24/08 S care Feet S aces Re uired Kitchen Area 1,035 s uare feet 13 s aces Dinin Area 1,251 s uare feet 32 s aces Total 2,2$6 s uare feet 45 spaces To satisfy the parking requirement, the applicant is proposing 65 parking stalls, each at a minimum dimension of 9 feet by 20 feet. Of these, 11 are angled stalls, proposed along the east property line, parallel to the drive through lane. The applicant has surpassed the minimum requirement by 20 parking stalls. Of the parking stalls provided, 3 are designated as handicapped stalls. Staff is concerned with the layout of the 13 parking stalls on the east side of the property and their proximity to the drive through lane. In order to access these stalls, vehicles must first circulate through the drive through lane, as no bypass lane has been provided. Vehicles backing out of these stalls may also be required to encroach into the drive through lane in order to turn around. However, these parking stalls are not required to meet the minimum requirement for the site, and therefore the proposed layout maybe sufficient. In that regard, staff recommends that these stalls be designated for employee parking only, and signed accordingly. Drive Through. The applicant is proposing a drive through lane on the west side of the site at a width of 12 feet. Drive through establishments are allowed in the B-4 District by Conditional Use Permit. The Zoning Ordinance contains the following provisions for such uses: • The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. • At the boundaries of a residential district a strip of not less than five 5 feet shall be landscaped and screened in compliance with Chapter 3 Section 2 G of this ordinance. • Each light standard island and all islands in the parking lot landscaped or covered. • Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. • Parking areas and driveways shall be curbed with continuous curb not less than six 6 inches high above the parking lot or driveway grade. • Vehicular access points shall be limited shall create a minimum of conflict with through traffic movements shall comply with Chapter 3 Section 5 of this ordinance and shall be subject to the approval of the City Engineer. • All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Chapter 3 Section 2 H of this ordinance. • The entire area shall have a drainage system which is subject to the approval of the City Engineer. • The entire area other than that occupied by buildings or structure ar plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. • All signing and informational or visual communication devices shall be in compliance with Chapter 3 Section 9 of this ordinance. Said drive through lane is proposed to be curbed on both sides, isolating it from the remainder of the City Council Agenda - 03/24/08 parking lot. Traffic in the drive through circulates to the south side of the site where the single lane splits into two lanes, delineated by a median. The drive lane is designed with stacking space for approximately 14 vehicles behind the order board, and 20 vehicles behind the pick-up window. Traffic exiting the drive through lane will circulate to the west, and ultimately onto East 7th Street. No traffic conflicts are expected to result from the proposed drive through design. Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, or one tree per SO lineal feet of site perimeter, whichever is greater, is required. The site has approximately 9501ineal feet of site perimeter, requiring 19 overstory trees, exceeding the number that would be required under the floor area calculation. The applicant is proposing 19 overstory trees, satisfying the minimum requirement. The overstory trees are comprised of a combination of Autumn Blaze Maple, Common Hackberry, Greenspire Linden, and Austrian Pine trees. Said overstory trees are proposed along the perimeter of the site, and within parking lot islands. In addition to the overstory trees, the applicant is proposing six ornamental trees and a variety of shrubs. Shrub plantings are concentrated around the foundation of the building, within the drive through median and parking lot islands, and along the perimeter of the site. The applicant is required to provide one landscaped island within the parking lot for each 5,000 square feet of parking area in excess of the first 5,000 square feet. Using this calculation, the applicant is required to provide 6 landscaped islands. Six landscaped islands have been shown on the site plan accordingly. Lighting. A photometric plan has been submitted for the site, indicating 12 fixtures throughout the site mounted on 24-foot poles. The zoning ordinance restricts any light, or combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. A revised lighting plan demonstrates maximum footcandle readings of 1.0 at all property lines, satisfying condition #4 of Exhibit Z. Signage. An overall sign plan for Union Crossings has been previously approved. Said sign plan allows a 24-square foot monument sign in the northeast corner of the site. The applicant has proposed a monument sign in this location. Said monument sign is 25 square feet in area and 5.5 feet in height. In addition to the approved monument sign, the site is eligible for wall Signage. The total maximum allowable sign area for any wall shall be determined by taking 10 percent of the gross silhouette area of the front of the building up to 100 square feet, whichever is less. For single ar double occupancy business structures, the total maximum allowable Signage on the property shall be 300 square feet. The applicant has legal frontage on 7th Street and Interstate 94, making it eligible for wall Signage on two sides of the building. The north and south building silhouettes are each 810 square Feet in area, for a total of 1,620 square feet. Therefore, the site is eligible far 162 square feet of wall Signage. The applicant is proposing one 32 square foot wall sign on the east elevation and one 10 square foot wall sign. On the north elevation, the applicant is also proposing a 32 square foot wall sign and a 10 square foot wall sign. A third wall sign, also 10 square feet in area, is proposed an the east elevation. The total wall Signage City Council Agenda - 03/24/08 proposed is equal to 94 square feet, within the parameters allowed. While wall signage is only allowed on two sides of the building, the third small sign maybe accommodate by PUD. The applicant is also proposing a directional sign at the entrance to the site, 3.7 square feet in area, and numerous directional signs painted on the pavement throughout the site. Staff recommends that a separate sign plan, addressing directional signage only, be provided for review. Access and Circulation. Access to the site is provided off 7th Street, in the northwest corner of the site. The applicant is proposing a curb cut 40 feet in width. The proposed width will accommodate a right-turn lane. The access is proposed to align with the existing access on the north side of 7tn Street, into the Home Depot property and west of First Federal Savings Bank. Internal drive aisles are proposed at a minimum width of 25 feet. The applicant is also proposing a faint access arrangement with the properties to the east and west, at such time as those sites develop. The right-turn lane for the site is proposed on the property to the east. This arrangement maybe accommodated by PUD, accompanied by an agreement between property owners. The applicant is proposing cross access to the west at three locations, and cross access to the east at one location. To the west, the applicant is proposing an access in the extreme southwest corner of the property, aff the drive-thru lane. As such, vehicles using this access point would be required to enter the drive through lane directly. Staff is concerned with this arrangement, and recommends that this access be removed, leaving a continuous curb along the west side of the drive through lane to the property line. Staff is also concerned with the layout of the primary access into the site, off 7th Street. This access makes a sharp curve to connect with the parking lot. This arrangement maybe difficult in terms of access for delivery trucks and emergency vehicles. Circulation far emergency vehicles is also a concern in the southern portion of the site, as these vehicles would be required to utilize the drive through lane. The applicant has provided turning radii at various locations throughout the site for cars, delivery trucks and fire trucks, satisfying condition #3 of Exhibit Z. As shown, the turning movements for commercial trucks rely on aff-site access. The City Engineer is still concerned with this situation, and recommends that this issue be resolved as a condition of any approval. In terms of pedestrian access, at apre-design meeting with the applicant, staff requested a crosswalk be installed to connect the site with the properties in the remainder of the PUD, across 7th Street. No such crosswalk has been illustrated on the site plans, and shall be required as a condition of any approval. Building Design. The applicant is proposing to construct the building primarily of brick, with E.LF.S. on the upper portion of the structure. The majority of the materials are colored in a red tone, with brown and tan accents. Windows on the west and north elevations are accented with yellow metal awnings. The applicant has added visual interest to the back side of the building, facing Interstate 94, and the drive through (east) elevation with vertical elements and horizontal accent striping. The applicant is also proposing yellow rooftop elements on the north and west elevations. Vertical details have also been added to the non-drive through (west) elevation, satisfying condition #5 of Exhibit Z. Grading and Drainage. Regarding the grading and drainage plans submitted, the City Engineer has 4 City Council Agenda - 03/24/08 provided the following comments: 1. Shaw the proposed storm sewer including pipe sizes and the structure invert elevations on the grading plan. 2. Provide storm sewer design calculations. Utilities. Regarding the utility plan submitted, the City Engineer has provided the following comments: 1. Catch basins 103 and 105 should be a minimum 4 feet deep as per City design standards. 2. Add a cleanout an the sanitary sewer service with a gate valve-type cover. City design standards require cleanouts at 70-foot intervals. Consider upsizing the 2-inch water service. Due to the length of the service, several copper- to-copper connections will be needed. 4. The elevation of 6-inch sanitary sewer stub is 948.40 as per the attached as-built. 5. Verify required hydrant locations with the City Fire Chief. 6. Adjustment of the existing sanitary sewer manhole at the entrance will require a concrete cone section to the added due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Additional engineering comments include the following: 1. Provide turning radii drawings showing how emergency vehicles/trucks will circulate through the site. It appears the site may have some constraints with these turning movements. Also, please provide drawings showing how vehicles will maneuver at the entrance to the site. 2. Provide a more detailed directional signage plan. 3. Review the need far the parking on the east side of the side, adjacent to the drive-thru. 4. Consider adding a crosswalk on 7~h Street at the east side of the entrance. 5. Explain the need for the proposed access opening at the southwest corner of the site. 5. Define the actual edge of pavement to the constructed adjacent to the vacant lots. 7. Label the width of the concrete walk width located around the building. 8. Label the drive aisle width adjacent to the drive-thru on the east side of the site. City Council Agenda - 03/24/08 9. Revise the left turn arrow at the entrance to be a thru-left arrow. 10. The right turn lane at the entrance appears to be on the adjacent property. Please provide the necessary documentation allowing this as per City requirements. B. ALTERNATIVE ACTIONS: The Planning Commission recommends alternative 1 on both Decisions 1 and 2. Decision 1. Regarding the request for a Conditional Use Permit for Development Stage Planned Unit Development approval, the City has the following options: Motion to approve the Development Stage Flanned Unit Development, based an a finding that the proposed use is consistent with the intent of the existing PUD and the B-4 District, subject tv the conditions outlined in Exhibit Z. 2. Motion to deny the Conditional Use Permit for Development Stage Planned Unit Development approval, based on a finding that the proposed use is not consistent with the intent of the existing PUD and the B-4 District, and the use may not be supported by the site. Deeision 2. Regarding the request for a Conditional Use Fermit for a drive through facility, the City has the following options: Motion to approve the Conditional Use Permit for a drive through facility, based on a finding that the proposed use is consistent with the intent of the FUD and the use satisfies the conditions of approval. 2. Motion to deny the Conditional Use Permit for a drive through facility, based on a finding that the conditions for approval have not been met. C. STAFF RECOMMENDATION: Ryan Companies is requesting a Conditional Use Permit for Development Stage Planned Unit Development to allow for a fast food building with a drive through lane, as well as cross access and parking. The site is part of the existing Union Crossings Planned Unit Development, which contains a mix of retail uses. The proposed use appears to be consistent with the intent of the B-4 District and the existing FUD. Staff has highlighted some concerns relating to traffic circulation throughout the site, as well as lighting and access. Regarding Decision 1, staff recommends approval of the CUP for Development Stage Planned Unit Development, subject to the conditions outlined in Exhibit Z. Regarding Decision 2, staff again recommends approval of the CUP for a drive through facility, subject to the conditions in Exhibit Z. The site has adequate room for stacking space, and meets all conditions for approval. City Council Agenda - 03/24/08 D. SUPPORTING DATA Exhibit A: Exterior Elevations -Revised per Planning Commission Exhibit B: Site Plan --- Revised per Planning Commission Exhibit C: Grading, Drainage and Erosion Control Plan Exhibit D: Drainage Map Exhibit E: S.W.P.P.F. Exhibit F: Utility Plan Exhibit G: Site Survey Exhibit H: Photometric Plan -Revised per Planning Commission Exhibit I: Landscape Plan Exhibit J: Overall Union Crossings Concept Plan Exhibit K: Union Crossings Sign Plan Exhibit L Plan Review Comments from WSB, dated February 27, 2008 Exhibit Z: Conditions of Approval 7 v L11 ~.~.. 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Ci b ;~ - 8d w~ ~~~ 2 C7 ,,ww,,~ ~r~~ ~dc Asso~~ Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 5541fi 7e1: 763-541-4800 Fax: T63-541-1700 February 27, 2008 Mr. Bruce Westby, PE City Engineer City of Monticello 505 Walnut Street, Suite Monticello, MN 55362 Re: McDonald's Flan Review City of Monticello Planning No. 2008-004 WSB Project No. 1627-89 Dear Mr. Westby: We have reviewed the civil plans prepared by John Oliver & Associates, Inc. dated January 30, 2008, for the above-referenced project and offer the following comments. Sheet C2.1-Site Plan Provide turning radii drawings showing how emergency vehicles/trucks will circulate through the site. It appears the site may have some constraints with these turning movements. Also, please provide drawings showing how vehicles will maneuver at the entrance to the site. Provide a mare detailed directional signage plan. Review the need for the parking on the east side of the side, adjacent to the drive-thru. Consider adding a crosswalk on 7`'' Street at the east side of the entrance. Explain the need for the proposed access opening at the southwest corner of the site. Define the actual. edge of pavement to be constructed adjacent to the vacant lots. Incorporate design elements as appropriate to prevent vehicles from accessing adjacent parcels along side lot lines. Label the width of the concrete walk width located around the building. Label the drive aisle width adjacent to the drive-thru an the east side of the site. 10. Revise the left turn arrow at the entrance to be a thru-left arrow. ~~ 11. The right turn lane at the entrance appears to be on the adjacent property. Piease provide the necessary documentation allowing this as per City requirements. F:1Anytfo~APlaugngr miuiunlTOQB PC AgeminlMnrch~LTR-N Hrrrhv 02Z7g8 BRWrev.doc Mr. Bruce Westby, PE February 27, 200$ Page 2 Sheet C3.1 - GradinE, Drainage and Erosion Control Plan Shaw the proposed storm sewer including pipe sizes and the structure invert elevations on the grading plan. 2. Provide storm sewer design calculations. Sheet C4.1- Prelimina Utili Plan Catch basins 103 and 105 should be a minimum 4 feet deep as per City design standards. 2. Add a cleanout on the sanitary sewer service with a gate valve-type cover. City design standards require cleanouts at 70-foot intervals. 3. Consider upsizing the 2-inch water service. Due to the length of the service, several copper-to- copper connections will be needed which may be a maintenance issue. 4. The elevation of 6-inch sanitary sewer stub is 94$.40 as per the attached as-built. 5. Verify required hydrant locations with the City Fire Chief. 6. Adjustment of the existing sanitary sewer manhole at the entrance will require a concrete cone section to be added due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Sheet C7.1- C7.2 Civil Details All detail plates should be revised to reflect the current plates from the City General Specifications dated Apri12007. Please give me a call at 763-2$7-7162 if you have any questions or comments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. Shibani K. Bisson, PE Project Manager skb F: Ungrlrtbl%lunnirtg Commisrion11G7X f'C A,genJu~ rrhV.78.h ..esrAv OTd708 BRW v. rla City Council Agenda - 03/24/08 EXHIBIT Z Conditions of Approval 1. The parking stalls on the east side of the site, adjacent to the drive through lane, shall be designated for employee parking only. 2. The applicant shall provide a separate sign plan far all directional signage. 3. The ctpplic;ant Shall overlay tut~~ittg radii tic er-rlergency and cleliver_y vehicles at fhe entr~rt~tce to the situ atul through the drive through lane, to ensure that fhesc vehicles cant circulate grope--X'ly. Satisfied per Planning Commission recommendation. 4. The photometric. plan shall hw. revised to illustrate ligl~tirtg produced tiom the sight only. All lighting must be slzrel.cled, titll cut-off fixtures. No readings may exceed one fi~oti;andle, as measctrcd t:rona the ccr~tcrline oft'acljacent rights-of-way. Satisfied per Planning Commission recommendatian. The applicant shall revise tlat ton-drive through (west) building elevation to add vei-ti~al elements, sirrtilar tip those provrded on the south uut<:l cast elevations. Satisfied per Planning Cammission recommendation. 6. "I"he applicant shall provide pedestrian stripiztg across 7`h Street. Satisfied per Planning Commission recommendation. 7. The applicant shall submit turning radii far trucks and emergency vehicles, demonstrating that turning movements maybe made on the subject site only. City Council Agenda - 03/24/08 SD. Attorney/AS) Jer Hartun Addition. (City A• REFERENCE AND BACKGROUND At its March 10~', 2008 meeting, the City Council approved the final plat of the Jerry Hartung Addition, a two lot commercial subdivision south of the Monticello Marketplace Addition. Final plats are most often accompanied by a corresponding development agreement. In the case of the Jerry Hartung Addition, the final plat requires only an assessment agreement and related resolution. The City Attorney has advised staff that recent court decisions have necessitated the use of assessment agreements and corresponding resolutions. Waivers of assessment hearings and/or appeals can no longer be incorporated into the development agreement alone. Negotiated assessments must be formalized by separate assessment agreement and resolution. As such, the City Council is asked to approve the assessment agreement and adopt a resolution of special assessments for the Jerry Hartung Addition. The proposed plat includes no major public improvements with the exception of the proposed extension of Cedar Street. Therefore, the agreement only includes assessment information for Cedar Street. The major points of the assessment structure are as follows: • The City will build the Cedar Street extension. The developer has provided right-of--way in the approved plat for the future extension. • The assessment for the construction will be deferred until the time the road is extended. • The assessment is based on an engineer's estimate of the 2008 per front foot cost of the road improvement. The pending assessment will continue to be based on the estimated per front foot cost, plus a 4% construction cost index until the time of construction. • The assessment agreement includes a sunset date, which indicates that if Cedar Street is not extended by 2038, the property owner is not obligated to the assessment. A copy of this agreement has been provided to the developer. It should be noted that a development agreement will accompany the Conditional Use Permit for Planned Unit Development, which will come forward at the time of actual site development. The development agreement will cover items specific to the terms of the Conditional Use Permit site development. B• ALTERNATIVE ACTIONS i. Motion to approve the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements for the Jerry Hartung Addition. z. Motion to deny approval of the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements for the Jerry Hartung Addition. 3. Motion of other. City Council Agenda - 03/24/0$ C• STAFF RECOMMENDATION Staff recommends alternative 1 above. D• SUPPORTING DATA A. Special Assessment Agreement and Resolution Adopting Special Assessments for Cedar Street Improvements for the Jerry Hartung Addition. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. APPROVING SPECIAL ASSESSMENT AGREEMENT AND ADOPTING SPECIAL ASSESSMENTS FOR CEDAR STREET IMPROVEMENTS WHEREAS, the City has received and approved an application for rezoning, resubdivision and replotting for Michael Krutzig/SB22 LLC, a Minnesota Limited Liability Corporation ("Developer"), for land legally described as: JERRY HARTUNG ADDITION WHEREAS, pursuant to authority granted it by Minnesota Statutes 462.358, Subd. 2a (2008), the City has conditioned its approvals of the development applications for the subject property on the construction of certain Street Improvements to Cedar Street ("Improvements") including the future extension of Cedar Street by the City, and the Agreement of the Developer to pay for a portion of the costs of the Improvements, and; WHEREAS, the City has received a Public Improvement and Special Assessment Agreement (a copy of which is attached hereto as Exhibit "A") from the Developer for City construction of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The Assessment Agreement is hereby approved. The Mayor and City Clerk are authorized and directed to sign the Agreement. 2. Such prapased assessments, as amended, are hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. The property owner may, within 30 days of the execution of this agreement, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The owner may at any time thereafter pay the City the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The cost of the improvements assessed by this resolution to the property as identified in the attached Assessment Agreement is $45,967.50. Terms of the Assessment shall be as provided in the Special Assessment Agreement. ADOPTED this 24th day of March, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: Dawn Grossinger, Deputy City Clerk SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT (the "Agreement") made this 24th day of March, 2007, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City") and MICHAEL KRUTZIG/SB 22 LLC, residing at 9234 State Highway 25, NE, Monticello, Minnesota ("Developer") Recitals: A. The Developer owns the Subject Property located in Wright County legally described as follows: JERRY HARTUNG ADDITION B. The Developer has applied for and received certain approvals relating to the Developer's proposed development of the Subject Property, including rezoning, resubdivision, and replotting. C. Consistent with city subdivision regulations and other official controls, the City conditioned its approvals on the dedication of right of way, extension and construction of Cedar Street abutting the Subject Property. D. Due to the uncertainty of determining the most appropriate alignment of Cedar Street to serve properties to the south of the Subject Property, the City and Developer have determined it to be in their mutual interest to delay the construction of the extension of Cedar Street. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The City will be responsible for constructing the extension of Cedar Street abutting the Subject Property. The construction of Cedar Street shall be within the area dedicated on the plat of the Subject Property or in an alternate alignment as determined by the City. 2. If the City determines not to extend and construct within the right of way dedicated on the plat of the Subject Property for that purpose, the City will vacate that portion of the right of way that it determines in its sole discretion as not necessary for the extension of Cedar Street. 3• The Subject Property shall be assessed costs, fees and charges associa with the construction of improvements to Cedar Street abutting the Subject pro ted serve and benefit the Subject Property in the amount of $45,967.50 based on an esitimta construction cost determined as follows: $202,50 per front foot x 227 feet. ted 4. The first installment of the assessment is to be deferred until cons the improvements. Until completion of construction, the deferred assessment shall be increased ° traction of annually by 4 /° (based on the construction cost index increase pie t Year) from the date of this agreement until construction of the improvements b th y e City or others. The first installment of the assessment against the Subject Propert shall payable in the year following construction of the extension upon notificatio to the be Developer and to the County of the amount to be assessed or a reduced amoun the actual costs of construction, and shall be payable over a five 5 t based on interest at the rate of 1.5% over the City's current bond rate per annum ommed~ accruing the date of the completion and acceptance by the City of the improvements acing from Developer of the adopted or revised assessment amounts. The Develo er m d notice to the assessment. Where is the sunset date? p aY prepay 5• The assessment shall be deemed adopted on the date this A eemen ' signed by the City. The Owners, b si 2~' t is procedural and substantive objections ~tongthe1SAss~es meat area heledge that all unconditionally, such waiver includes an ri reby waived hearing requirements and any claim that he assessmO is exceedlthe benef rs or assigns to Property. The Owners further waive any appe~ rights otherwise availableo the Subject M.S.A. § 429.0$1. pursuant to 6• This Agreement shall be binding upon the Owners and the Ow successors and assigns, This Agreement may be recorded against the title to the Sub'e Pro ert . Hers' p Y The City may reduce the amount of the assessment and this Agreement terminates if the road improvement is not ordered by the City on or before A ril 1 p , 2038. CITY OF MONTTCELLO BY: (SEAL) Clint Herbst, Ma ory AND Jeff O'Neill, City Administrator City Council Agenda - 03/24/08 5E. Consideration of a re uest for Amendment to the Monticello Zonin Ordinance Cha ter 3-9 regulating address number signs. Apulicant: City of Monticello (AS/Building Department) A. REFERENCE AND BACKGROUND At their March 4, 200$ regular meeting, the Planning Commission was asked to consider an amendment to Monticello Zoning Ordinance 3-9[E]5, which regulates the location, size and placement of address number signs. The Planning Commission recommended approval of that request as proposed. In consultation with the City Planner, it was determined that it would be most appropriate for address identification to be regulated within City Code rather than within the Zoning Ordinance. As such, a supplemental amendment to add this item to the City Code has been prepazed and attached for review. Staff did a code seazch of other cities to determine the most appropriate location for a City Code Amendment. The cities of Albertville, Big Lake and Maple Grove all incorporate address numbering into the building regulations portion of their City Codes. Title 4 of the Monticello City Code relates to Building Code. As such, the proposed City Code Amendment would be incorporated into Title 4, with the creation of Chapter 6, specifically related to address numbering. In terms of the City Code amendment, the Building Department has recommended that the Council consider a City Code amendment which further regulates addressing signs for commercial, industrial and institutional buildings. The amendment would apply to new commercial, industrial or institutional construction. These proposed changes aze at the request of the Monticello Fire Marshal and have been included in the City Code Amendment language. The Building Department and Fire Marshal propose the following requirements for new commercial, industrial and institutional address signage. Distance Behind Curb Minimum Address Sign Size Required 50 Feet 4" + 1" 75 Feet 4" + 2" 100 Feet 4" + 3" 200 Feet 4" + 4" 300 Feet 4" + G" Other portions of the City Code, or State Building Code, already provide the City with the ability to regulate address signage. For the Council's reference, the City Cvde includes the following prevision for regulation of address signage. International Property Maintenance Code (IPMC), adopted by reference in Title 4 of the Monticello City Code, states; City Council Agenda _ 03/24/08 304.3 Premises identification. Buildings shall have approved address nurrxbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mrn). The City's ability to regulate address sign size is also covered by the following codes. The International Building Code (IBC) & International Fire Code (1FC); 501.2 Address numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). MN Statute; 16B.62 State Building Code; application. Subdivision 1. Municipal enforcement. A municipality must not by ordinance or through development agreement require building code provisions regulating components or systems of any residential structure that are different from any provision of the State Building Cade. A municipality may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance As there are provisions already in place related to address signage this time, the City is asked to amend the Zoning Ordinance to simply remove all reference to address identification signage. This Zoning Ordinance amendment is in addition to the City Code amendment which would incorporate any terms nat be covered by the Building Code. Essentially, the purpose of the amendments is to simplify code language, eliminate duplication and inconsistencies, and provide City support far emergency response efforts. B. ALTERNATIVE ACTIONS 1. Motion to approve the amendment to Monticello Zoning Ordinance 3-9[E]5 repealing the regulation of address signs and amendment to Title 4 of the City Code of Ordinances relating to Building Code. 2. Motion to deny the amendment to Monticello Zoning Ordinance 3-9[E]5 repealing the regulation of address signs and adoption of the amendment to Title 4 of the City Code of Ordinances relating to Building Code. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends approval of the ordinance amendment as proposed. 2 City Council Agenda - 03/24/08 D. SUPPORTING DATA A. Monticello Zoning Ordinance, Section 3-9[E]5 B. Resolution of Amendment to Section 3-9 [E]5 of the Zoning Ordinance C. Resolution of Ordinance Amendment to Title 4 of the Monticello City Code 1~ not constitute more than fifty percent (50%) of the allowable pylon sign area, or seventy (70) square feet, whichever is less. (#340, 1 /10/00) (g) In the B-3 Zoning District only, certain parcels may be allowed to construct a second freestanding sign on the property when the following conditions are complied with: The property directly abuts Interstate 94 and one other collector (or higher) status street. ii. The property in question is no less than two (2) acres in area. iii. The second freestanding sign shall be located no closer than three hundred (300) feet from the first freestanding sign on the same property. iv. Only one of the two freestanding signs may be located within any yard (front, rear, or side) of the property. This clause shall be interpreted to mean that each sign shall be required to have a separate roadway as its primary exposure. v. Where two freestanding signs are allowed, the sign that fronts on the road which serves as the primary access shall be of a monument design, with a maximum height of ten (10) feet and a maximum square footage of sixty (60) square feet. vi. Where two freestanding signs are allowed, the sign that fronts on the freeway exposure shall conform to the provisions of Section 3 [E] 4.(c) above. vii. This section shall not be applied to the calculations far signage when an applicant is seeking development design flexibility under the City's Planned Unit Development provisions. viii. Both signs allowed under this subsection shall meet all other applicable provisions of the Monticello Zoning Ordinance. (6/11/01, #361.) Address Numbers Sign: A minimum of one (1) address number sign shall be required on each building in all zoning districts. (a) Location: The address numbers shall be so placed to be easily MONTICELLO ZONING ORDINANCE 3/61. seen from the public street. (b) Size Regulations: The address numbers shall not be less than three and one-half (3-1/2) inches in height. (c) Material Regulation: The address numbers shall be metal, plastic, or wood. (d) Color Regulation: The address numbers shall be in a contrasting color to the color of the building/dwelling. (e) Enforcement Regulation: The Building Official or Zoning Administrator or their authorized representative shall: Assign all new building/dwelling address numbers. ii. Approve type of material and color of all building/dwelling address numbers. (# 158, 9/14/87) 6. Projecting Signs: Projecting signs shall be permitted within the CCD District but only in the "Broadway Downtown District" thereof as defined by the Monticello Downtown and Riverfront Revitalization Plan. Only one (1) projecting sign may be erected per business, with no more than two (2) such signs erected per building, subject to the following conditions: Projecting signs: (a) Shall be only business identification signs. (b) Shall be fronting on a public street. (c) Shall not exceed six (6) square feet in area. (d) Shall be considered a wall sign for the purposes of maximum allowable sign area. (e) The edge of the sign closest to the building must be no farther than 12 inches away from the building. (f) May extend over the public sidewalk, but shall not extend closer to the public street than to within 3 feet from the backside of curb. (g) Shall be at least 8 feet but not more than 12 feet in height above walking surfaces or sidewalks. (h) Shall not be internally illuminated, but may be externally illuminated. (#334, 9/13/99) [I/] FEES AND LICENSE: MONTICELI,O ZONING ORDINANCE 3/62 Planning Commission Agenda- 03/04/08 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING ADDRESS NUMBERS SIGN, AMENDING SECTION 3-9[E] OF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-9[E] of the Monticello Zoning Ordinance is hereby amended as follows: Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the day of 2008. CITY OF MONTICELLO Planning Camrnission Agenda- Q3/04/08 By: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administrator ORDINANCE N0.475 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 4 OF THE MONTICELLO CITY CODE WITH THE CREATION OF CHAPTER 6 TO REGULATE POSTING OF ADDRESS NUMBERS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Title 4 of the Monticello City Code is hereby amended with the creation of Chapter 6, to read as follows: Chapter 6 Posting of Address Numbers 4-b-1: Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. If such building is so constructed that the numbering is not readily visible from the street, then the street numbering shall also appear at the street entrance to the building. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 4-6-2: The following shall apply to commercial, industrial, and institutional signage: Distance Behind Curb Minimum Address Sign Size Required 50 Feet 4" + 1" 75 Feet 4" + 2" 100 Feet 4" + 3" 200 Feet 4" + 4" 300 Feet 4" + 6" Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the 24th day of March, 2008. CITY OF MONTICELLO ATTEST By: Mayor Clint Herbst sy: Jeff O'Neill, City Administrator SF. Consideration of authorizin the urchase of ball Geld concession and rental a ui ment for the cammunit center. (KB) A. REFERENCE AND BACKGROUND: In 2007, the community center took over the operations of the concession stand at the Xcel City ball fields. We enjoyed a fun but hectic summer operating this stand, however, when we tried to have the stand licensed for food service, we found that the it did not meet code. The licensing of this establishment is important for ensuring that the food handling practices aze safe and the equipment used in food storage and preparation is appropriate from a safety perspective. This limits the liability to the City and keeps our customers safe. It's also required by the State. The Parks Department and the Community Center have been working with the Department of Health on the requirements for remodeling to meet code. The walk-in cooler will need to be removed and an NSF approved commercial refrigerator and a beer cooler/tap be purchased to replace it. Far safe food storage, we will also need to purchase a freezer for the stand. The total for these three pieces of equipment is $9,974 before sales tax and shipping. The concession stand grassed almost $41,000 last year. We have been planning to replace the silverwaze that is used in the Mississippi Raom. Part of the rental fee Far receptions includes the use of our plates and silverware. Our silverware is very low quality and not in good shape. We are at the paint where we need to replace many of each type; fork, spoon and knife, and feel that it would be money better spent to upgrade the quality considering the heavy use the room and our table service is experiencing. We hosted 42 weddings last year and a number of other events utilizing our table service. We will meet or exceed that number in 2008 and are already booking events for 2009. As we researched and gat quotes from potential vendors for the equipment and the silverware, we were able to negotiate a better rate for each by combining the purchase with the same vendor. The quotes from Hackenbergs Food Service Equipment and Strategic Equipment were within less than $50 of each other. The equipment and warranties are the same, so we'd like to choose our vendor based on service. The total purchase will not exceed $14,420 before tax and handling. Budget Impact: We had budgeted $13,500 to purchase concession stand equipment and $5,000 to replace the silverware. We will come in below budget by almost $4,000 before tax and shipping. Staff Workload: We expect that the new set up in the concession will create a more efficient stand. In 2007, due to the limited amount of storage, we had to stare product at the community center and deliver it to the ball fields often daily. The silverware will have no impact on staff workload. B. ALTERNATIVE ACTIONS: 1. To approve the purchase of the concession stand equipment and the silverware from the vendor chosen by the community center for best service, not to exceed $14,420 before tax and handling.. 2. To not approve the purchase of concession stand equipment and the silverware. C. STAFF RECOMMENDATIONS: To allow us to operate the concession stand as required by the State, the staff recommends the purchase of the concession stand equipment. The staff also recommends the purchase of the silverware to provide a better quality product for the renters who pay a high dollar amount for the Mississippi. Room. D. SUPPORTING DATA: Quotes received from the vendors Strategic Equipment and Hockenberg Food Service Equipment 3 w a' H z w a 0 w U z 0 U O w H a ~ °o ~ ~ ~ M ~ ~ ~ [~ bR b9 N 3 ~ O a °' w ~ ~. a w a o O ~ M N N a w as 0 H W ~ o w w N w '~~ a b~0 ~ .~ ~ o V ~ o ~ x CC,i17/~00$ MON 9:91 FA:[ X003/005 r. rots' ~~ T+?Od y8C'JI",8 ~.h4'}?f:^,81'11 a Sup~,ly' rU ~,~'~11-1.~~.~V~~ /AR 17,20CB QlJC77E Paya 1 of 2 pHNCRF . __ __ .. Projoct: MCNTICt=LLO C3F,LL FI~LaS G:~ U~+ALfJUT STf?~ET SU17E k P/1ONTIC/rt_LQ, ~,7N 55362-DODD From. Tr,' Dan Hiemenz hackenbpr+~s- P/inneaprlis 7U1 Kaao.a Avw. Ni;r"~f7~:apalis, P.--1ki 55414 (612j 331-1300 pax: 0312) 3~~2-947U THANiti.-'I'OU FOR THE 0?PGfYTUhJITY -"c: V4'r.JF~K V'JI-rH YGIJ, PLEASE CGN~1'A.CT DAN VUIT'H ANY Q.fi;STlONS (r} 3?U-x,09-?_i05. ;te~ri ~:~:y Description 1 _.. ...1.. ea i=hEEZCR REF,;.. ....... _ ---- - --...__ _...... .........._.._. H-Irv Traulsen Madel l~.la G"UU- Freezer, Reach-in, Tnrep-Section, WGif-Contained Refri;;. wlMicraprocesspr rar,tral, s/s froni & half heicht doors (h,ngir.y to be determined}, annd~zed aluminum sides & inferior, (3~ epoxy coated shelves (fac:tcry installcdl, 6" h gh castar,~, Encryy StMr raioc, UL & NSF Ia`~d. 115v 1 15v/GD/1 ph, standerci I yr sere co/labcr ~, 5 yr compressor vJarranty (st~i.) f~:xtended Total for Item Na. 1 4,875.UQ Sell Each Sell Total 4,3'x5 0U 7•.875 u0 HorkPnbe~'gs- Minneapolis G~i 17/2008 ~tON 9:42 F'A:{ x.1003/005 r~ta~ °:7,2008 MaNTICEL~J i3ALl. l=1EL.DS sago 2 of 2 uHrr~G~l= Item qty Description 5011 E=cr, Sell Tatar 2 1 ea ~?EFR!G._. RE,4CN-II`J ?,750 OU ~,75U,00 Traulsen fvlodel No u20G1- -~•~~K~.-.--~ r~efrigeratar, Reach-in, Two-5ecticn, Serf-Contained i?2fr,g. wlNliarnpror,0,.,ar control, s/s front ,~ full heig!-;t doors Thing;rig to he determined j, anodized aluminum sides & ;ntorior,'3) epoxy coated sf;81vE5 per section (factory installed}, r" ;,igh casters, 115•, Energy Star rater;, 'JL, & NSF :i5ted, t ~, 5v 1 1 i Sv/GC)r 1 ~h, standard 1 yr ser~ic.e,r!abor & 5 yr rompr0ssnr ~roarranty 15t:1.} Ercended Total for Itam No. 2 -_ 2,75C,QL~_ 3 1 ea SEER Cc7C7LER. KEG STYLE True Fnod Service Eq~ai~rnen'•., lnc fvlydel f~lc. TDU-4 - Draft Seer Cooler, (4) keg capacity, s/s counter top, black ~~i,';yl exteri~~r C ~:3) ^oors wi!acks ge(v, r,terior v~'3QQ sia,nless steel floor, (2} 3" dia. "eer cnb,amns, 1/;; Hf~ 115•;Q~]/1 '/Varranty - 5 year corrtaressor (self-con`aineca onPy) 1 }IVa~ranty - 1 year parts and lak~or 1 Frame-railed r.;astors, a" diam°ter, set of E Ex.`ended fatal for Item No. 3 2,3~5•.CiG 2,174 Oi~ 2,1r74~00 175.OG 'rata! Saks Tax (C 6.500°ro) Grand T'ot~! Pr-~ICES .ESE GC:a[? FOR 15 DAYs~;. !ALE/~5E t;AtL FrJR EXTEfdSiD~,JS. NC~~;KENE+EF~Ga V`+;!I.i~ CASTER Arab DELIVEf? THE EQUIi'f~iEtil' l-U THc; ClM~STC)(viER'S LOC:gT.ON. HCGKEN;:3ERGS C~ELI'~ ERY IS ~r~..T3-i>-DGJR. '"r~US"TCifr1EFt iS ?SS>'t~P;518LE F~DK 6f~ING1Na EQUIPR~E(d'1- If•JTb THE f3UILGIfdG."" Acceptance: Gate: 1 ,",`i,Q~i ~.y7•~.no 640.31 10, G??.:. Nnck~r)t~Prg~- Minrieapalis ~coz/aa~ fP ~ i ..Y ~,A I. A-1 ~J ~~ !yil;~ ~~„~ Fo7d Setv'c2 r, uip~~anl sa SG~OiV Co ~ ~ ~ _.--- - QU~47E Page 1 of 2 o~Jr~lccc Project: MONTICELL~J CQMMUNI'~Y C rVTER 05'~'ALNUT STREET SUI; E MGNTICCLLO, MN 553FJw-C'COC From: Hc~cke°bergt;- Minreapol'~s 701 Kasota,Avr. Ntirneapalis, r~rr; 5Ud1d (" 1 e; 331-13CJ Fax:: (5" 2) ;~n? 870 To: Tl-tANlt-YIJU 1=0R 1 i-IE OPPQR"UPJITI' TO'vti'ORK'~IvITH YOU, ~LE:ASE CON FACT SAN"v~il'['H AN'r't~UES1"IbNS !g 3Zp-?09-2545. Irem r:~,y t7escrir~ticn Sall Ear_h Sell l~o?al t~ .... .......__...`9....dL KNIFE....... _ c._ _..._._..... DIN;'JER 55.00 1 ,5.:x.00 Wgrld Tat:l~ware Model No. 918 `:~G2 8 d~ per C~Se Dinnsr Knfe, 18/C 51a,nless steel, f!ut9d blad~a, sn~id hancle, Classic Rim, Worid~ Collection ~ po Z I (cS0 . __ .._ _....... ^ 9.00 551 A0 ~4 _~_....~_.-------~4 iz l"EASPCbN ~, Wcrld Tableware Model No. 918 C01 ? dz pe' ca Teas{icon, 18/Q 5lainless steel, Ciassir R!m. V~IorldC~ Collection ~, pat. S"1o-. Hockenirergs-Minneapolis C3;'L7/~VV8 vUN 14:48 Fkx r,~,4k ' 7,20r).3 MONT(C~LLO CUMMl1~111'•Y CEl~7ER 3F~ 56 dx. FpRK, DIn1NER Worl.~ Tab eJ~are Uc~lel f•JD. La18 0~' 3 d' p?r ca is nner ~or,<, 18!'0 sta,nless st~e~, D'ass:c Rirn,'~1~ rlw~~ Go'le~'.t~on ~~~, ~C03~OG3 P?C,a ~ Of ~ LltiN1CCC well 'Eacl~~ Soil Total 37.0 2. X4..00 (va Doi ZZ2c~ . Total a,~~~z.co Sales Tai: ((a7 0.500°,~~}~78.~8 Giar~d Total 4,570.;1P, r RICES A , ti 1 _.. ... RE CCQ'? FCFc r5 DAYS. PLEASE CALL FOR EXTENSIO^1S. ~iOUK;NP.Ei;GS 1A'LL Cr~STE? AND DELI\/cR Tl~1E E~~UiPfvlcf~T 7rJ THE CUST'OMER'S ~Cf;aTIUrJ. HpGKEr1BERC~S J_LIVEh'>' IS 1 C-'` 1-IE-DCJR. "C'JwT ~'14ii:=R Iw R WSra(?N5f;3LE FJf~'SRIfJGING E~lUlf]ti1ENT IN"'0 THE BUILDING." Hocl;enbergs- flrtir~ne~poli~ aa~nmwrm. aHn znraxv aarr~rxmcrx~na www.strategicequipment.com 3/14/2008 Quote MONTIBAL To: Monticello Community Center From: Strategic Equipment & Supply Tricia Menth Brad Zimmer 505 Walnut Street 100 Roosevelt Rd. Suite 4 St. Cloud, MN 56302 Monticello, MN 55362 Phone: (320) 252-2977 Phone: (763) 271-7123 Fax: (320) 255-9257 Fax: (763) 271-7105 Project: Monticello Comm Center Item Qty Description Seil Each Sell Total 1 1 ea FREEZER, F2EACH-IN 4,580.00 4,580.00 Traulsen Model No. G3131- "~ Freezer, Reach-in, Three-Section, Self-Contained Refrig. w/Microprocessor control, s/s front & full height doors (hinging to be determined), anodized aluminum sides & interior, (3) epoxy coated shelves (factory installed), 6" high casters, Energy Star rated, lJL & NSF listed, 208/115v 1 ea 115v/60/1 ph, standard 1 ea 1 yr service/labor & 5 yr compressor warranty (std.) Extended Total for Item No. 1:4,580.00 2 1 ea REFRIGERATOR, REACH-IN 2,690.00 2,690.00 ~~~ + Traulsen Model No. G20010 ~~---~ - ` ~ Refrigerator, Reach-in, Two-Section, Self-Contained Refrig. w/Microprocessor , ,,;; . ., . control, s/s front & full height doors (hinged left/right), anodized aluminum sides & `~` ` interior, (3) epoxy coated shelves per section (factory installed), 6" high casters, ~~: Energy Star rated, UL & NSF listed, 115v 1 ea 115v/60/1 ph, standard 1 ea 1 yr service/labor & 5 yr compressor warranty (std.) Extended Total for Item Na. 2: 2,690.00 3 1 ea SINK, HAND 437.00 437.00 Eagle Group Model No. HSA-10-F Packed: each ~; Hand Sink, wall model, 14 3/4" x 1$ 7/8" w/7 1/2" backsplash, stainless steel constr'n, splash mount gooseneck faucet, basket drain, deep-drawn seamless design-positive drain, NSF approved Extended Total for Item Na. 3: 437.00 ~ ~ 4 1 ea DRAFT BEER COOLER -- 2,458.00 Beverage Air Model Na. DD78-1-B Packed: each ~1__ '~ ,,~.~,. Draft Beer Cooler, 79" L, 28-1/$" D, (3) doors, (4) keg capacity, black exterior, s/s top, galvanized interior, with column type beer faucets, self-contained refrigeration, 1/3hp, Energy Star Rated 1 ea Limited Warranty: One (1) year parts and labor 1 ea Additional 4 yr compressor warranty std. Monticello Gomm Center Strategic Equipment & Supply Page 1 of 2 ~~«~tr~~e~l us. www.strategicequ ipment.com Ta: Monticello Community Center Tricia Menth 505 Walnut Street Suite 4 Monticello, MN 55362 Phone: (763) 271-7123 Fax: (763)271-7105 3/13/2008 Quote MONTICCF From: Strategic Equipment & Supply Brad Zimmer 100 Roosevelt Rd. St. Cloud, MN 56302 Phone: (320) 252-2977 Fax: (320) 255-9257 Project: Monticello Gomm Center -Flatware Item Qty Description Sell Each Sell Total 1 3D dz DINNER KNIFE 66.83 2,004.90 II'i World Tableware Model No. 213 55D1 Packed: 3 dozen ~ Table Knife, 18/0 stainless steel, serrated blade, solid handle, Baguette, World® Collection J Extended Total for Item No. 1: 2,004.90 2 30 dz DINNER KNIFE 59.33 ~alternate~ World Tableware Model No. 918 5502 Packed: 3 dozen Dinner Knife, 18/0 stainless steel, fluted blade, solid handle, Classic Rim, Wnrfd® ~ ~ ~~~'~ ~ Collection Extended Total for Item No. 2: 1,779.90 3 30 dz TEASPOON 29.90 897.00 World Tableware Model Nn. 100 001 Packed: 3 dozen i Teaspoon, 18/8 stainless steel, Baguette II, World® Collection i Extended Total for Item No. 3: 897.00 4 30 dz TEASPOON 20.55 aalternate~ World Tableware Model No. 918 001 Packed: 3 dozen ~ I ~ ~~ Teaspoon, 18/0 stainless steel, Classic Rim, World® Collection ,~ ~ ~-~ Extended Total for Item No. 4: 616.50 Monticello Comm Center -Flatware Strategic Equipment & Supply Page 1 of 2 Foodservice Equipment Solutions www.strategicequipment.com 3/13/2008 MONTIGCF Item Qty Description Sell Each Sell Total 5 60 dz EUROPEAN DINNER FORK 55.64 3,33$.40 I~.~ World Tableware Model No. 100 039 Packed: 3 dozen European Dinner Fork, 1$/8 stainless steel, Baguette II, World® Collection Extended Total for Item No. 5: 3,338.40 6 60 dz DINNER FORK 40.05 ~alternate~ World Tableware Model Nn. 918 027 Packed: 3 dozen ' !'; ! I Dinner Fork, 18/0 stainless steel, Classic Rim, World® Collectian ~ ~ v ~~ ~ I ~I'I~ ,:~ Extended Total for Item No. 6: 2,403.00 Total 6,240.30 Sales Tax (@6.500%) 405.62 Grand Total 6,645.92 ~I~. ~'(a ~, ~~~, Monticello Comm Genter -Flatware Strategic Equipment & Supply Page 2 of 2 City Council Agenda 3/24/08 7. Consideration of comments from the Vine Place Homeowner's Association and corres ondin staff action summary. (AS/GA) A. REFERENCE AND BACKGROUND The Deputy City Clerk has received a petition from the Vine Place Homeowner's Association, requesting to be heard by the City Council on matters relating to the areas of concern within their development. In this regard, staff believes it important to provide the Council with background information relating to staff review of the development, and in relationship to the Homeowner's Association concerns. In late 2006, the project developer, Front Porch Associates, requested that the City consider acceptance of the development. When the City considers acceptance of developments, there are actually different "levels" of acceptance. The first is for the purpose of maintaining streets during winter months. The second is acceptance of streets and utilities, at which time the development is fully inspected for conformance to approved development plans, including PUD and landscaping standards. If found to be compliant, atwo-year warranty bond is required and other securities are released. Finally, the third acceptance is related to the final warranty inspection and release of the two-year warranty bond. In the case of Vine Place, the developer were seeking acceptance of public streets and utilities, and of their performance to PUD standards. In September of 2006, the City informed the developer that there were remaining punch list and PUD items that required completion. Punch lists provide a detailed description of items required to meet approved development plans. No grading issues were listed on the punch list. The developer has proceeded with completing the items on the punch list. Other than the needed completion of landscaping items, the development was also found to be complaint in terms of PUD standards. Around that same time, a representative from Vine Place Homeowner's Association contacted the City with concerns about landscaping and fencing for the project. Specifically, the representative, Mr. Wimmer, noted some concern about the fence that was approved for the project. Mr. Wirnmer also mentioned concerns about workmanship on the units themselves. As Council maybe aware, the project developer, Mr. Mike Cyr, is also the primary builder. Staff took these concerns seriously, especially in light of the developer's request for acceptance. The Building Department inspected the installed landscaping plan in comparison to the approved PUD landscape plan and found that it conformed, with the exception of the proposed fenceline and areas still under construction. The Chief Building Official also responded to the building concerns by performing on-site inspections of the units. The Building Official found that the items cited by the association were purely workmanship- related items and did not violate any Building Code provisions. This information was relayed to the Homeowner's Association. To further address the Homeowner's Association's concern, the City Building Official facilitated a meeting, which was to be with the President and Vice-President of the Homeowner's Association and Mr. Cyr. The meeting was attended by many residents. During the meeting, the residents expressed their concerns to Mr. Cyr. The Association also documented their concerns in a formal letter. Mr. Cyr responded to the concerns in a subsequent letter. Thos documents are included as supporting data. City Council Agenda 3/24/08 In regard to the fence design, the Homeowner's Association initially requested that the approved fence not be installed. This was in part because it was felt that the fence was no longer needed, as the original intent was to providing screening against the auto salvage yard. In discussions with Mr. Cyr, and the Association representative, the Community Development Department indicated that to remove the fence would require a review by the City Council, and possibly Planning Commission, as it was a change to the approved PUD. It is staff's understanding that the Association and Mr. Cyr have come to a resolution on fence design, which will require review by the Planning Commission and City Council as amendment to PUD. As the final units of the project are under construction and the developer's request for acceptance still stands, the City will complete a review and inspection of the project this spring. Given the Homeowner's Association concerns on drainage and grading, the City Engineer has indicated that a thorough review and comparison to site and individual lot plans will be completed. Additionally, any cracking or settling of sidewalks in the public right-of--way will be require replacement under the development inspection. In short, City staff will address grading and soil compaction concerns. In reviewing the other items of concern from the Homeowner's Association, the City Attorney has advised that the balance of these items are purely workmanship issues and are civil in nature. They are to be handled between the Homeowner's Association and developer/builder. B. SUPPORTING DATA A. Letter to Ron Kleinworth (Provider of Development Securities), dated 09/18/2006 B. Images of Vine Place, early fa112006 C. Letter to Marie Smith, dated 08/28/2007 D. Letter to Mike Cyr, dated 10/11/2007 E. Letter to Mike Cyr, dated 10/23/2007 F. Letter to Marie Smith & Homeowner's Assoc., dated 12/10/2007 G. Petition to the Monticello City Council, dated 02/05/2008 a-ob ~ ~ U~7 September 1$`" 2006 MONTICELLO Ron Kleinworth Big Lake Lumber 791 Rose Drive. Big Lake, MN 55309 RE: Acceptance of Vine Place and Release of Securities Dear Mr. Kleinworth, The City has received notification via your conversations with Jeff O'Neill that you wish to have the Vine Place development accepted by the City and receive a release of securities associated with those developments. At this time, the City is unable to consider release of securities until the items listed below are completed. All punch list items have been completed and inspected and the City Engineer and Community Development Department have officially stated support of acceptance of the development. A final punch list for Vine Place is attached for reference. 2. Staff has completed a reconciliation of expenses and deposits related to the project. In the coming weeks, the City will complete a final reconciliation of cash deposits Izeld for this project against expenses. The fznal reconciliation information. will be made available to you by the end of the month. 3. Any expense overage resulting from the above reconciliation has been invoiced and paid by the developer. 4. The City will hold. $5,000 in cash securities for expenses incurred during the final warranty inspection. S. A warranty bond is provided far all construction work. No warranty bond has been provided. 6. As-built plans are received and approved. To-date, no as-built plans have been submitted for Vine Place. 7. The City Council had accepted the development for warranty Monticello City Hall, S0~ Walnut Street, Suite 1, Monticello, MN SS362-$831 • (763) 295-2'71 I • Fax (763) 295-~1~404 Office of Public Works, 909 Gol1~ Course Rd., Monticello, MN SS362 • (763) 295-3170 • ['ax (7fi3) 271-3272 Ron Kleinworth. Page 2 September 18`x, 2006 Additionally, the City will complete an inspection of the landscaping required as part of the project's approval. Aripr to consideration of acceptance, all site landscaping must come into conformance as shown on the approved landscape plan for the development. The City will be completing this inspection by the end of September. Should you have any questions related to the above information, please do not hesitate to contact me directly. ~ Sincerel ; _^- i`~~ Angela Sc u -.._..... . Communi D velopment Coordinator Jeff O'Neill, Deputy City Adrrainistrator/Community Development Director Bruce Westby, City Engineer Shibani Bisson, WSB & Associates ~" "~,,,, 9J W _~~~.,.~ _~•~ ~~ .................... 6~~ .~/ .~ :~- ,~ ~° 08f 26/2007 13:51 7632953227 MLL liU1LlllNli KtMUlltL rout nL Front Parch Associates, Ltd. -Michael Cyr P.O. Box 1338 _ 2770 County Road 39 NE Monticello, MN 55362 Phone; 763.295.0717 Fax: 763.295.3227 26 August 2007 Marie Smith 604 one Lane Monticello, Minnesota 55362 Marie, Proposal for completing common area landscaping for one Place. Because the fence was proposed as a screen from the former autp salvage Yard, and the salvage yard is gone, the need for a fence is gone. In its place 1 propose planting trees. The yellow highlighted "SP" are spruce trees. Between the spruce there would be lilacs planted. Mulch would bs placed either around each plant, or continuous, your choice. Another option would be to eliminate the lilacs and plant spruce 20 feet apart. In this case mulch would look better around each tnae rather than continuous. If the association is considering irrigating the perimeter. the trees should be planted first, then the irrigation plaaad, then the mulch placed. The trees can be planted within two weeks of a decision by the board- I would ask Brian Hallman to plate the mulch, this fall if possible, otherwise next spring. I further propose a planter an the vacant parcel on thg NW comer of 6 'r4 Street and Minnesota Street. Because of the clone proximity of the property line to the home at 604 6'~e Street, 1 believe there is not enough room for an appropriate planter at that location. I would also plant two spruce or hardwoods on the East side of 604 6'~4 Street. (would not remove the existing shade trees. Regardless of their species, they are attractive, healthy trees- The Wallens receive a benefit from those trees and may have made their buying decision partly because of them. If the board wishes far their removal then the bawd qn have them removed. 1 will not be a party to their removal. It is also a possibility that those trees are ®ither partially or completely on City of Monticello property and a discussion with city staff should take place prior to their removal. Regarding the irrigation system from the property adjacent to the north end of the east alley. This was placed without any input from me and is an issue between the association and tl'~e adjacent homeowner. The shave items are related to common area development completion. ter items related to alleged defects in workmanship and materials will be addressed separately. Since ly, c Michael Cyr October 11 ~' 2007 MONTICELLO Mike Cyr Frnnt Porch Associates PO Box 1338 Monticello, MN SS362 RE: Acceptance of Vine Place and Release of Securities Dear Mr. Cyr, copy This letter serves as an update regarding the acceptance of the Vine Place project. In September of last year, the City sent a letter to Ran Kleinworth of Big Lake Lumber, holder of securities, listing items that needed to be addressed prior to acceptance of the project. The City is currently checking on the status of each of those items in anticipation of acceptance. Additionally, the City is aware that yourself and residents of the Vine Place Townhome. Association have been working on issues related to building workmanship and landscaping. To address the issue of workmanship, Chief Building Official Gary Anderson has inspected the buildings and found them to be complaint with City building code requirements. Any other issues are civil matters between yourself and the residents and do not affect the overall project acceptance. ]n relationship to project landscaping, the landscape plan for Vine Place was part of the approval for Conditional Use Permit far Planned Unit Development. In discussing project acceptance with the City Planner, it has been indicated that to deviate from the plan would require an amendment to the PUD, which requires a farxnal review by the PIanning Commission and City Council. The City has received a copy of the letter addressed to Marie Smith, a member of the townhome association, which contains information on proposed landscape plan alternatives. If those are the changes you would like to propose from the approved plan, the City will need you to apply For amendment to Conditional Use Permit for Planned Unit Development. If you were to consider amendment, the next application deadline is November S`" for the December 4`~, 2007 Planning Commission meeting. I realize that the amendment to PUD is a new item since our last discussion, but the process is a requirement in relationship to the PUD. I apologize for this inconvenience. I have also enclosed a copy of the project reconciliation, which is preliminary at this paint. Please note that the City will need to hold a small amount of the balance to ensure compliance with the landscaping plan, in whatever farm it takes. Monticello Cite Hall, ~0~ Walnut. Street, Suite 1, Monticello, NIN X5362-$$31 • (763) 29ti-2711 • Fax (763) 29~-4404 Office of Public Works. 909 Golf Course Rd., Monticello, MN 5362 • (763 29~-317(} • Fax (763) 271-3272 Mike Cyr Goober 11 ~', 2007 Page 2 ,,y ,~ I have enclosed cQ~ its of the letters referenced for your infortnatian, the reconciliation draft, and 1 C ~~ t}~e,,al'~lica~ic~`'~d application checklists relative to an amendment to PUD. ~•: ~, I am~appy to answer any questions you may have on these matters. Please do not hesitate to contact me. Sincerely, . ~~~ ~ ~ ~' Ange~ Schu Co ~y evelopment Coordinator Encl c: Jeff Q'Neill, Deputy City Administrator Gary Anderson, Chief Building Official Bruce Westby, City Engineer Steve Grittman, NAC -City Planner ,._.._._.~ ~~,~~ CAP y VINE pLAGE TovVNHOME ~ ~vG"IATIQN c/a ARARIE s~ b04 VINE LANE NlC~NTICEl.LQ, MN 55362 Telephone 7b3/295-373 ar 763/295-~~ Vir. Michael Cyr ?7t) C'uurtty ltazu{ fie) Nl~ Front Parch Associates, Ltd. P.O. Box 1338 Monticello, MN 553G? ~_ Unresolved Construction Issues Dear Mr_ Cyr: ;': These are the cnnstrtiiction problems that are unresolved: Cnunbling concrete sidewalks and stairs on 6-112 Street, 606 Vine Lane, 612 Vine Lane, and 1. 604 6-1/2 Street The crumbling concrete an the sidewalks need ~ to be replaced_ The stairs at the individual homes ha~t~e been damaged bar heavy eeluipmen ~. Water shut-a~ff valves in stairs on Vine Lang and 6-I/2 Street. We feel this is an important safety issue anal that th s acI'ssting, of the haul scwl ere~hevalves w~ctlcways so people do not trip and fall. Attached are lan I~-ibh ar rvf--ere the hales are too deep. 3. Stairs puliinl; away from front porches. compacted, and the steps replaced; ar, The steps need to be removed, the ground property footings alyd blocks could be installed and the steps replaced- 4. I'aundatian blocks cracking at 6a7 Vine Lane garage The draining problem on the interior of the garage floors needs to be corrected and the blocks r ; replaced. 5, Cracks in the porch Bloats at 64S aucl G07 Vine Lane. f The craclts are: fortnin;; on the porch [loots. 6. Two planters at 6-112 Street and Minnesota Street. Bath planters should be installed and filled with black dirt. We will talcs care of the plantings. ?. Drainage and grading between 603 and 605 Vine Lane. The sump pump will not be adequate to keep the basements in 603 and 601 from flooding in a severe rainstorm. The sad needs to be lifted, the ground property graded, and the sod replaced. Fence and plantings alongwest and south alleys. We da not want to have spruce trees and lilac bushes planted along these alleys because they are too narrow. We are already having problems with tree branches rubbing an vehicles as they pass along these alleyways. We would like to have vinyl fencing installed. We have a bid far a tan crass buck fence from Authority Fence & Decks, Inc., in Clearwater. The estimate far materials and installation is $13,170. We believe this price. is considerably less than the price you would have had to pay for the wooden fence on thewest alley,and the plantings an the south alley. ,' We have also had breaking of the shingles slang Vine Lane and have contacted both our insurance carrier and Big Lake Lt~mber_ This is another serious issue that appears to he a problem with materials and not pear warltmanship. These first eight problems have been pending for many months. They all need to be corrected by December 31, X007. Fatlttre tt7 aCCOmpIish these repairs will force US t0 5eek other remedIeS avilIlable to us. Sincerely, Marie Smith, President Donna Wimrner, Secretary Judy Anderson, Director Mack Murray, Director WATER SHUT-OFF Vf1L,VES Vine Lane 602 Too high 619 Too high GO1 Top high -cement is cracked 605 Toa high 613 FiII in 617 Fill in James Wimmer, Vice President Donald DeBoer, Treasurer Elsie Ivlaser, Director 6-1/2 Street 604 Fill in 608 Fill in 612 Toa high 616 Too high 620 Too high 624 Too high 628 Toa high ._ - ~;. C~r'~' l- ~- Front Porch Associates, Ltd. --Michael Cyr P.O. Box 1338 - 2770 County Road 39 NE Monticello, MN 55362 Phone: 763.295.0717 Fax: 783.295.3227 10 December 2007 Marie Smith and board members Vine Place Townhame Association 604 Vine Lane ManficeNo, Minnesota 55362 In response to your memo of Oetaber 23, 2007. 1. The supposed crumbling of concrete consists of some minor chipping of edges ar comers probably caused by equipment striking the concrete during construction. This is something that 1 would normally have corrected during the course of construction but averfookad. My concrete subcontractor agreed to make the repairs, consisting of patching with ~ high strength concrete patch. 2. Sue to rninar settling of sidewalks same of the water shut-off valve fops were slightly above the level of the concrete_ I contacted Matt Theisen to have the water department adjust the height of the valves. Matt informed me that he had already been contacted by a member of the association and had sent a crew to adjust the valves. Moving the valves from the sidewalks is not an option. The valve itself is 7 - 8 feet below ground and the valve stem must came up directly vertical from the valve. 3. This item in your memo mentions sidewalks separating from porches. I viewed each sidewalk and could not find evidence of separation of more than'/"from any porch. This does not present a risk of injury ar even an aesthetic issue. The three sidewalks that had previously settled more than an acceptable amount were repaired. 4. This is a cosmetic issue only. There are na structural deficiencies. My masonry contractor agreed to tuck point the exterior of the black for cosmetic purposes. Your reference to "drainage problems on the interior of the garage floors° is unclear. Until 1 received the October 23, 20x7 mama, I had no knowledge of any °drainage problems". Any issues inside of the homes are the responsibility of the homeowner to report. It is tang since past the one year deadline for reporting those types of issues in thane homes. 5. Hairline cracks in concrete are to be expected and pose no risk of injury ar structural failure. 7. This area was completed according to the drainage and development plan. It has been inspected and approved by the city of Monticello. There has been na drainage problem in the years since the mentioned townhomes were completed. 6.8~ 8. { agree to complete these items. Prior to completing the items 1 wit( ask for a signed affidavit from the townhome association agreeing that the completion of these items is the final finish of the project. I will also ask that the association stake aut the exact spats that they wish far the planters, making sure that they are placed on association property. The city of Monticello will also have to approve the compietian items. Sincerely, { Michael Cyr cc: Angela Shumann, City of Monticello 7 VIAIE PLACE TOWNHOME OWNIIl;S A55OCIATIC(rT February 5, 20D$ TO: Momicello City Council FROM: Homeowners of'Vine Place Townhotne Owners Association RE: Problems with Front Parch Associates, Ltd., Mike Gyr, Owner We have been trying to resolve some pending construction issues with our general conhactor, Front Porch Associates, for over a year. We are especially concerned about tbeae four issues: Improper grading leading to problems with water runoff into egress window wells Improper soil compaalon resulting in founda~on blocks cracking, poach floors cracking, and stairways out of level Crumbling of concrete sidewalks Instsltation of sprinkling system in green areas not completed We understand that Front Porch Associates hav a contract with the City of Monticello to complete our townhome development according to agreed speciftcatians. We feel these specification have not been mat. We would apprteiate any esaistattce you could give us with this matter. Si(]nature Address G~ 8" G% S~ G //--- ~,K ~.. 6e ,,,,` ~~z GYti s7 ~O ' 0 ~a~ V,~ ~~ d~~~ .w ~, ~ s ~ ~ ~ .~~~x~,.-..~-_ -- Council Agenda: 3/24/08 9. Consideration of authorizin the Monticello Fire De artment to Pre are Plans and Specifications for Fire Truck and appoint one or two members of the City Council to site on design committee. A. REFERENCE AND BACKGROUND: City Council is asked to consider giving the go-ahead to the Fire Department to develop plans and specifications for a new fire truck. Funds have been budgeted for this truck over a period of years ($125,000/year) and it is now time to get serious about following through with the design and purchasing process. The Fire Department hopes to have the truck online in 2009. To assist in the design and cast estimating process, the Fire Department requests that one or two members of the City Council be involved. The design process includes working with a truck manufacturer in selecting a basic truck design and components necessary to effectively fulfill the truck's purpose. It is estimated that this effort is not likely to take more than three or four meetings. Steve Joerg will be present at the meeting to further describe the need for this vehicle and will also shed some light on the design process. A.1 Budget Impact: No budget impact for this phase of the design process. B. ALTERNATIVE ACTIONS: Motion to authorize the Fire Department to prepare plans and specifications for purchase of a new fire truck and appoint a member of the City Council to the design committee. if this alternative is selected, the next step is to work with a manufacturer toward development of design specifications and more precise cost estimates. This documentation to be presented to the City Council prior to authorization to advertise for bids. 2. Motion to deny authorization to the Fire Department to prepare plans and specifications for purchase of a new fire truck C. STAFF RECOMMENDATION: Presuming that the City Council believes that it is necessary and appropriate to purchase at truck as anticipated in previous budgets, it is the recommendation of staff to move forward with the design process. Council Agenda: 3/24/08 10. Authorize Pre oration of Plans and Obtain uotes far the Reali nment of Territorial Raad and A rove the Easement A reement for the Busch Pra e (City of Monticello Proiect No. 2005-21 C) (WSB) A. REFERENCE AND BACKGROUND: In conjunction with the construction of the new railroad crossing at Highland Way within the Union Crossings development, the City entered into an agreement with the BNSF Railroad to close the crossing at Territorial Road in exchange for the crossing at Highland Way. The agreement specified that the Territorial Road crossing be closed within three years from the date of the executed agreement with BNSF Railway, which is June 30, 2008. As part of the crossing closure and agreement, an alternate public street access is to be provided for the properties that are served by Territorial Road by the June 30, 2008, deadline. Territorial Road. is an approximate 12-foot-wide gravel road that serves two properties, the Busch property and the Jamison property. The Rand Mansion is located on the Busch property. City staff has been working with Merrill and Duffy Busch for the past few years to come up with a feasible solution to provide an alternate access on their property. The Busches were considering developing their property, potentially including the adjacent properties, into amixed-use residential type development. However, given the current market conditions, this option has not moved forward. City staff had also evaluated the option of providing an access through the St. Henry's Church property from 7`h Street; however, this option was not embraced by the property owners. Staff had also evaluated purchasing the Jamison property, which has been far sale the past few years. And finally, staff has also requested the BNSF Railroad to extend the deadline for closing the Territorial Road crossing until development occurs, thereby delaying the construction of an alternate access, but this request was denied. At this time, staff is proposing to construct a 12-foot-wide gravel street approximately 350 feet in length within the Busch property as shown on the attached drawings. The roadway materials would consist of a crushed concrete aggregate. The roadway would extend from Fallon Avenue paralleling the railroad right-of--way and intersect with Territorial Road just south of where the current road extends past the railroad tracks. Due to the steep grades on the site and the historic nature of the property, the new roadway is aligned as close to the railroad right-of--way as possible to minimize impacts to the property. There is a historic lilac hedge within the roadway alignment that would be partially preserved or transplanted to provide a buffer to the Rand mansion. The City is only obligated to replicate the current access that is there now, which consists of a 12-foot-wide gravel road. The intent of providing this type of access is that it would be temporary until the properties develop and a new permanent access is provided. In addition, in order to keep costs low, a gravel roadway is proposed instead of a paved roadway. A turnaround area will be provided far snow plowing operations. Currently, the City plows Territorial Road from Washington Street up to the railroad tracks. With the new road alignment, the City would be keeping that same type of maintenance. Consequently, Territorial Road was vacated a few years ago to the adjoining properties, so it is currently a private street. But for purposes of providing this alternate access, it must be a public access. l"; IDr,cvmnner nnJ,krtnng..~dnwn.prraaeur,Qerll.nenl.5'etfinFn'i7'emnnrnrv /nlrrnr•I /'ile..'1()/./,'H3 VI (i:1' /7'A,/-7'erritnrinllidAulhnrizcYlnnv-OYTJUM.duc Council Agenda: 3/24/08 The estimated construction cast is $40,000. The project is proposed to be funded through general City funds or potentially the Interchange Project. Since the estimated construction cost is under $50,000, the City does not need to proceed with the public bidding process. Quotes from contractors are proposed to be obtained and brought back to the Council for approval. City staff has worked with the Busches to design the roadway to best fit the property with minimal impacts. They are in support of the project and are willing to provide the City with an easement for the roadway. An easement agreement is attached outlining the terms of the agreement and associated maintenance the City would provide. The Busches are willing to provide the easement without compensation for the land value; however, they have requested that the casts associated with the mortgage consent be compensated as part of the agreement. These costs are estimated between $1,000 and $1,500 and include an application fee, registered survey (which has been completed), appraisal, and partial release/conveyance documents. The City Attorney will advise the Council at the meeting on whether or not the mortgage consent is necessary along with the associated costs. Staff has met with the Jamisons to discuss how the City is proposing to move forward. They understand the City's position in providing the access and ask that the City work with them in the future as they would like to develop their property. B. ALTERNATIVE ACTIONS: Authorize preparation of plans and obtain quotes for the realignment of Territorial Road and approve the easement agreement far the Busch property. 2 Alternate action. C. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. In order to meet the June 30, 200$, deadline to construct the access, staff recommends the Council move forward with the project at this time. After quotes are received, authorization to construct the access will be brought back to Council for approval. D. Si7PPORTLNG DATA: Figures 1-3 Easement Agreement (': IfkuumenL~'nnd 1'rllinFa'IdnwnKn.,~.ringnrll.ncnf.l'rltinFa'I/'rmMvnrvlnlrcrnet F)le,el(ILti11347G.~'/Ti1.l-Tmrrlh~rln(Xd4 ulNnrizeYlnne-0931GY.duc: EASEMENT AGREEMENT THIS AGREEMENT made this day of 20~$, by MERRILL J. BUSCH and MARY D. BUSCH, husband and wife, the Grantors and the CITY OF MONTICELLO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". The parties agree as Follows: 1. In exchange for good and valuable consideration, the Grantors do hereby grant unto the City and its assigns a permanent easement for public street puzposes legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B." 2. The use of the easement by the City shall be limited to the construction, maintenance and public use of a gravel road surface no more than twelve (12) feet in width to serve the existing adjacent property uses. Maintenance is defined as follows: • The City shall provide snow removal operations in accordance with the City of Monticello's Snow Plowing Policy far the most recent season. The policy, in general, currently stipulates that snow removal operations shall begin when snow accumulation reaches 2-inches and that the street will be open to traffic within 12 hours after a snow storm subsides. 134334 1 • The City shall grade the roadway on an as-needed basis as determined by the City. • The City shall trim trees that encroach within the easement where they interfere with City maintenance equipment. • The City will re-seed green areas that are disturbed by City maintenance equipment to a moveable condition. • The Grantors shall maintain the green area within the easement (i.e. mowing, watering). 3. The City will seed and/or sod disturbed areas caused by construction of the roadway- 4. The roadway design will include preservation oftrees and the lilac hedge to the best extent possible. S. The Grantors shall review and approve the constniction plans for the roadway. 6. The easement cannot be utilized for the installation of public sanitary sewer, watennain or other public utilities. 7. The City shall complete construction of the road surface no later than June 30, 2008. The Grantors, for themselves, their heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises. This Agreement shall run with the land and maybe recorded in the Wright County Recorder's Office. TN WITNESS WHEREOF, the parties have signed this Agreement on the date first written. CITY OF MONTICELLO By: Clint, Herbst, Mayor 134334 2 By: Jeff O'Neill, City Administrator Merrill J. Busch Mary D. Busch STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2008, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, an behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 134334 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The :foregoing instrument was acknowledged before me this day of 2008, by Merrill J. Busch and Mary D. Busch, husband and wife, Grantors. THIS INSTRUMENT DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minrxesota 55121 TMS/cjh Notary Public 134334 4 EXHIBIT A TO EASEMENT AGREEMENT STREET EASEMENT A permanent easement for public street purposes over, under and across that part of the following described tract of land in the City of Monticello: (THE TRACT) That part of the SW 1/4 of the SW 1/4 of Section 12, Township 121, Range 25, Wright County, Minnesota, also being a part of tracts known as Lot 1 of said SW 1/4 of the SW 1/4 and Lot 9 of Auditor's Subdivision Number One according to the plats of record, described as follows: Beginning at a point on the west line of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the southwest corner thereof; thence east at a right angle from the said west line a distance of 318.00 feet; thence deflect 79 degrees left bearing N 11 degrees E a distance of 285.08 feet to a point on the southerly line of the Old Territorial Road, said point being the centerline of Old Territorial Road bearing northwesterly extended southeasterly; thence northwesterly along said centerline a distance of 308.29 feet to the southerly right-of--way of the Great Northern Railway; thence northwesterly along said right-of way a distance of 303.5 feet to the west line of said SW 1/4 of the SW 1/4; thence south along the said west line a distance of 663.50 feet to the point of beginning. Except therefrom that part described as follows: Beginning at a point on the west line of said SW 1/4 of the SW 1/4 distant 534.5 feet north of the southwest corner thereof; thence east at a right angle from the said west line a distance of 318.00 feet; thence deflect 79 degrees left bearing N 11 degrees E a distance of 155.44 feet; thence deflect 79 degrees 30 minutes left a distance of 252.20 feet; thence deflect 21 degrees 30 minutes left a distance of 113.00 feet to the west line of said SW 1/4 ofthe SW 1/4; thence south along the said west line a distance of 245.00 feet to the point of beginning. Which lies within the following permanent easement for street purposes: That part of (THE TRACT), which lies easterly of the easterlyright-of--way line of Fallon Avenue, and also which lies northerly, easterly and northerly of the following described line: Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 12, 'Township 121, Range 25, Wright County, Minnesota; thence North 00 degrees 00 minutes 34 seconds East, assumed bearing along the west line of said Southwest Quarter of the Southwest Quarter, 1154.63 feet, to the point of beginning of said line to be hereinafter described; thence North 76 degrees 09 minutes OS seconds East, 29.77 feet; thence easterly, 34.74 feet, along a tangential curve, concave to the south, having a radius of 65.00 feet, and a central angle of 30 degrees 37 minutes 36 seconds; thence South 73 degrees 13 minutes 19 seconds East, tangent to the last described curve, 162.58 feet; thence southeasterly, 40.79 feet, along a tangential cun~e, concave to the southwest, having a radius of 125.00 feet, and a central angle of 18 degrees 41 minutes 4$ seconds; thence South 15 degrees 25 minutes 09 seconds East, 134334 5 not tangent to the last described curve, 31.48 feet; thence South 72 degrees S3 minutes 25 seconds East, 47.78 feet, to the easterly line of (THE TRACT), and said line there terminating. 134334 ~ MORTGAGE HOLDER CONSENT TO EASEMENT CitiMortgage, Inc., which holds a mortgage on all yr part of the property more particularly described in the foregoing Easement Agreement, which mortgage is dated December 20, 2002, and recorded February 6, 2003, as Document No. $31431, with the office of the County Recorder for Wright County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Easement Agreement. CitiMortgage, Inc. By: Its: STATE OF ) )ss. COUNTY OF ~_ ) The foregoing instrument was acknowledged before me this 2008, by __- of CitiMortgage, Inc., on. its behalf. the day of Notary Public DRAFTED BY: CAMPBELL KNLJTS~N Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 TMS/cjh 134334 7 MORTGAGE HOLDER CONSENT TO EASEMENT Wells Fargo Bank, National Association, which holds a mortgage on all ar part of the property more particularly described in the foregoing Easement Agreement, which mortgage is dated May 20, 2004, and recorded September 15, 2004, as Document No. 927146, with the office of the County Recorder for Wright County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Easement Agreement. Wells Fargu Bank, National Association By: Its: STATE OF ) )ss. COUNTY C)F ) The foregoing instrument was acknowledged before me this 2008, by the day of of Wells Fargo Bank, National Association, on its behalf Notary Public DRAFTED BY: CAMPBELL 1tNUTSQN Professional. Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: X51-452-5000 TMS/cjh 134334 ;~ -5W COR OF TWE SW 1 /4 OF ~'~ `, /y y'• gyg. ~ 7r THE SW 1 /4 SEC 12 T 121 R 25W ~'~ ~ S,.n ~: ,. 7 ~ /i l i WEST SINE OF ThiE Sw t/4 OF -- -~~ ~~J 'T~~T ~~~_ i THE Sw 1/4 SEC 12 T 12t R 25w \~ ~ - . ~ ~° • 't~ k h `V .. , o . ~~ ' 34 \ ~r ~ ; ,,-, ,:. .::'~~~ ~~~'" N 76.09'05" ~ ~J _ _ , o ... ,,.,.- . . ;,;. ~ .'b ,,... " 29.77 :., ~'~ !•~ PROPQSED PERMANENT STREET ~ ;~Q /`- _ EASEMENT AREA = 7345 sq ft q/ ~. ~ i~ ~ ~ \ 7'36°-` 1 '~ o i ~ , `~` Proposed riw~~ ' ~a ~ , / ~ hVa ~ `l. ~~ , '~ m 7, ~~ ~ ~, ~, oa . ~~,~' PROPERTY i .~~ i- ~QV _ (HISTORIC ~~ 13.13' 19" E RAND HOUSE) ~g~.se `,ti ~, ~ ~((`.~~~0O da = 18.41'48". ~] ,~~(/~`-O R a 125.00 FT -\ L = 4p0. 79 \ 5 75.25'09" E $ ~ 31 .48 T \\ \•. ! \\ , ~, `~~ \ / i' 5a. as ~ ~.- L ~~ o N 72.53"25~~ ~ = 4 8 ` V ~ ~ 1~ o ; \, ~~~ o9k ~ f ~ r' ~ ~p i' v ~. ~: ~ i, .. N ~ - ,, ~ JAMESON PROPERTY - ._ .~; - Prepared by: W~8 7D1 Xenia A`enua SdM, Suits Sao Minneapolis, MN 55418 ,.ww.,,ren„g.cnrn .~. 6 A~~t. Me. 163dIt/17C-fa itSM1-1}pp NFRASTPIICTIIRE~ENdNEE1tlN0~PlANNrq COMBTgaCaOl Territorial Road Realignment Street Improvements Parcel Sketch for the City of Monticello, Minnesota 0 3D 50 City ProJed Na. 2p0.rr21C WSB Project No. 01627.16 t~~Q, Dale: ~o7roe i i EXlllblt B City Council Agenda- 03/24/08 11. Consideration of a re uest for an amendment to the Monticello Zonin Ordinance Cha ter 3-S Off-street Parkin Re uirements as related to the re ulation of the size an weis_ t o ve is es arked m residential dYStr~Cts. A p ,-,,,,,„_-_ . _ _ p . ~„ ,,, ,,,p_ licant: City of Monticello (NACBuilding Department). The Planning Commission considered this item at the January and February regular meetings. While discussing various methods for relating size and weight of vehicles, the Commission raised concerns with these methods in regard to enforcement. Based on input from the Building Department and Public Works Department, an option was provided to utilize MnDOT Validation, Stickers (Exhibit E) as a measure for limiting the weights of commercial vehicles in residential areas. The MnDOT validation is a required licensing item for all commercial vehicles. The Commissian recommended that no vehicles in excess of an "F" sticker rating be permitted in residential areas. The Commission noted that as this validation is a requirement held in common for all commercial vehicles, it provides an easily identifiable criteria for determining violation. Draft ordinance language has been prepared accordingly, and is attached for review as Exhibit D. A. REFERENCE AND BACKGROUND: Due to recent concerns with parking of commercial vehicles in residential areas, the City has requested an ordinance amendment to increase regulations on commercial vehicle parking in residential areas throughout the City. Specifically, potential ordinance amendments may establish restrictions on the weight and dimensions of commercial vehicles allowed to park in residential neighborhoods, while not excluding emergency response vehicles. ANALYSIS The current Zoning Ordinance language related to off street parking states, Off-street parking facilities accessory to residential use may be utilized solely far the parking of licensed and operable passenger automobiles, no more than one (1) truck not to exceed gross capacity of nine thousand (9, D00) pounds, and recreational vehicle and equipment. Not more than one recreational vehicle or trailer may be parked in a residential driveway atone time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, ATVs, campers, trailers, motorhomes, boats, and the like. Under no circumstances shall required parking facilities accessary to residential structures be used far the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. It has recently come to the attention of staff that the above ordinance language may not be effective in regulating the parking of certain commercial vehicles, in particular dump trucks or other large construction site vehicles. The City has received reports of these vehicles, and others such as semi-trailers, parked in residential neighborhoods within the City. Weight. One option for placing further restrictions on commercial vehicle parking is to regulate on the weight of the vehicle specifically. The existing ordinance allows vehicles up to 9,000 pounds to be parked in residential off street parking facilities. However, staff performed a code search of neighboring communities (attached as Exhibit A), and found that the majority of these cities permit vehicles up to 12,000 pounds. This maybe due to the increasing size non- commercial trucks and SUV's which exceed the 9,000 pound limit. Therefore, staff recommends an amendment to Section 3-2 [N] 4 regarding exterior storage and Section 3-5 [D] 7 regarding off-street parking. The amendment to Section 3-5 [D] 7 would strike any language regarding vehicles in excess of 9,000 to avoid any confusion with what is permitted. Additional language has then been drafted to address this weight issue, with the creation of subsection 8, to increase the allowed weight limit to 12,000 pounds through a vehicle sticker rating. While an amendment of this nature maybe less-restrictive than the existing language, it is not out of character with the intent of the ordinance and would reduce the number of ordinance violations. Such regulation also provides some distinction between those who may drive their professional vehicles as their personal vehicles, and those vehicles that maybe inappropriate in residential neighborhoods. Exceptions for "emergency response" vehicles. In dealing with the issue of commercial vehicle parking in residential areas in the past, concerns have been raised on the potential of precluding emergency response vehicles from parking in residential areas. This issue may again require special consideration as this item is addressed. The City may need to include the most obvious "emergency" vehicles such ambulances and any additional vehicles that meet a specific definition. As such, one method of enforcement may be to define "emergency response" vehicles. Said definition may include: (a) Ambulance, (b) Police and Sheriff, (c) Fire, (d) Emergency tow vehicles. An exception such as this maybe incorporated as an amendment to Section 3-5 [D]. Enforcement. In terms of enforcement, if a violation is found, a citation would be issued by the Building Department. The Building Department maintains a system of tracking the location and number of violations. Violations of this code are zoning ordinance violations, but they are subject to an administrative fine pursuant to a recently adopted City resolution. After repeated violation, the matter would be referred to the City Attorney for prosecution. The Council liaison to the Planning Commission has requested that for first offenses, the City couple the citation notice with a cover letter citing the purpose of the ordinance (retaining the residential character of neighborhoods) and offering alternative storage options, which include semi-trailer parking at Jefferson Commons, and the possibility of rental space in one of the City's industrial areas. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. 1. Motion to approve an amendment to Chapter 3 of the Monticello Zoning Ordinance as related to Exterior Storage and Off-Street Parking Requirements, based on a finding that the proposed ordinance is necessary to retain the character of residential districts, and that the proposed amendment provides further clarity to the existing ordinance language. 2. Motion to deny an amendment to Chapter 3 of the Monticello Zoning Ordinance as related to Exterior Storage and Off-Street Parking Requirements, based on a finding to be made by the City Council. 3. Motion of other. C. STAFF RECOMMENDATION Based on recent concerns with parking in residential areas throughout the City, it appears as though amendments to the Zoning Ordinance may be necessary to further refine the restrictions for commercial vehicle parking in such areas. Staff and the Planning Commission recommend approval of the proposed amendment based on the finding that the proposed amendment provides clarity in the definition and enforcement as related to commercial vehicle parking in residential districts. D. SUPPORTING DATA: A. Vehicle Dimensions B. Matrix of Neighboring Community Commercial Vehicles Sizes C. Draft Amendment Language- Vehicle Weight D. Draft Amendment Language- Vehicle Dimensions E. MnDOT Validation Stickers EXHIBIT C 8~-. ~ NORTHWEST ASS~GCIATED CONSULTANTS, INC. ,, 48x0 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.281.2555 facsimile: 783.281.2561 planners@nacplanning.cam PLANNING REPORT TO: Angela Schumann FROM: Kimberly Holien DATE: January 28, 2008 RE: Monticello- Vehicle Dimensions In regard to the potential ordinance amendment placing further restrictions an vehicle parking in residential areas in the City of Monticello, I have gathered data an dimensions of various large vehicles. The findings of said research are as follows: Pickup. The largest passenger pickup truck found is an F650 crew cab. The dimensions of said vehicle are as follows: Length: 281 inches (23.4 feet) Width: 97 inches (8.08 feet) Height: 88.3 inches (7.36 feet) Weight: 22,000-26,000 pounds Other large pickups that may be more common for passenger vehicle use are as follows: F350 HD Crew Cab: Length: 258.7 inches (21.56 feet) Width: 95.9 inches (8 feet) Height: 76.1 inches (6.34 feet) Weight: 10,100-13,000 pounds F450 Crew Cab: Length: 262.4 inches (21.84 feet) Width: 95.5 inches (7.96 feet) Height: N/A Weight: up to 16,000 pounds • F250 Weight: 8,800-10,000 pounds 1 • • Cutaway Van. A range of potential dimensions for cutaway vans is as follows Length: 15-18 feet Width: 96 inches (8 feet) Height: 84- 90 inches (7-7.5 feet) Weight: 11,500-14,050 pounds Straight Truck. A range of potential dimensions for said venicte is as follows: Length: 24-26 feet Width: 102 inches (8.5 feet) Height: 102-108 inches (8.5-9 feet) Weight: 25,500-2S,9S0 pounds Walk- Yn Van. A range of potential dimensions for said vehicle is as follows: Length: 16-1.8 feet Width: 86.5-93.5 inches (7.21-7.79 feet) Height: 81-85 inches (6.75-7.08 feet) Weight: 10,000-1.9,000 pounds 3 ~~ Commercial Vehicle Parking Commercial Code Language Exceptions? Vehicle Size Monticello 1 commercial Off-street parking facilities accessory to None in zoning vehlCle residential use may be utilized solely for the parking of licensed and operable passenger automobiles, no more than one (1) truck not 9,000 Ibs to exceed gross capacity of nine thousand (9,000) pounds, and recreational vehicle and equipment. Not more than one recreational vehicle or trailer may be parked in a residential driveway atone time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, ATVs, campers, trailers, matorhomes, boats, and the like. Under na circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. Buffalo 1 commercial On and off-street parking facilities accessory None vehicle to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one 12,000 IbS. truck not to exceed gross capacity of 12,000 pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturin establishments. Big Lake 1 commercial Off street parking facilities accessory to Vehicles longer vehlCle residential use shall be utilized solely for the than 36 feet parking of licensed and operable passenger require an 12,000 Ibs. automobiles; no more than one (1) commercial vehicle, not to exceed gross interim use vehicle weight rating (GVWRj of twelve permit thousand (12,000) pounds; and recreational vehicles and equipment. Under no circumstances shall parking facilities accessory to residential structures be used for the storage of commercial vehicles, semi trailers, or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments not a resident at the residential site. St. Michael 1 commercial Residential parking use. Off-street parking None vehicle facilities necessary to residential use shall be utilized solely for the parking of licensed and 12 000 lbs operable passenger automobiles; no more , . than one truck not to exceed gross capacity of 12,000 pounds; and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturin establishments. Rogers No regulation Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes. Except for short term parking (six (6) hours or less) and guest parking, the number of vehicles parked on or in front of a residential lot shall not exceed double the number of persons residing on the premises and having automobile driver's licenses. Maple Grove 1 commercial Use of parking facilitiesaccessnryfo Npne Vehicle residential use. Off-street parking facilities accessory to residential use shall be utilized 12 000 lbs solely for the parking of licensed and , . operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds, and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used far the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturin establishments. ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING EXTERIOR STORAGE AND OFF-STREET PARHING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION L. Section 3-2 [N] 4 shall be amended to read as follows: EXTERIOR STORAGE: All materials and equipment except as provided for in Chapters 5 through 19 of this ordinance shall be stored within a building or fully screened so as not to be visible from adjoining properties except for the following: 1. Clothes line pole and wire. 2. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the premises. 4. Off-street parking of passenger vehicles and trucks not exceeding a gross capacity of ~e twelve thousand 12 000 pounds in residential areas. S. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall nat be located within five (5) feet of any property line. 6. Wood piles in which wood is stored for fuel provided that not more than 10 cords shall be stared on any property. A cord shall be 4'x4'x$'. All wood piles shall be five (5) feet or more from the rear and side yard praperty lines and shall be stored behind the appropriate setback line in front yards. 7. Solar heating systems. SECTION 2. Section 3-5 [D] 7 shall be amended to read as follows: 7. Off-street parking facilities accessory to residential use may be utilized solely for the parking of licensed and operable passenger automobiles, ~.,Y,,,,.° *'~°~ ~~° "` *~•°'- --~++~ ,and recreational vehicles and equipment. Not more than one recreational vehicle ar trailer maybe parked in a residential driveway at one time. Any additional recreational vehicles or trailers must be parked behind the front building line of the principle structure. For purposes of this ordinance, recreational vehicles shall include snowmobiles, ATVs, campers, trailers, motorhomes, boats, and the like. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments not a resident at a residential site. SECTION 3. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the day of 2008. CITY OF MONTICELLO By: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administrator FXHiRiT n ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING OFF-STREET PARHING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 1. Section 3-5 [D] shall be amended with the creation of subsections 8 and 9, to read as follows: 8. In areas zoned for residential purposes, wth_the exception of recreational vehicles and emergency vehicles, on-street or off-street_parking of commercial or passenger vehicles licensed with a oss vehicle weight (GVW) decal_letter code of "G" or greater shall be prohibited. Emer~ency vehicles are those defined in Section 3-5 LDS 9 of this_ordinance. 9. EMERGENCY VEHICLE: The term "emer enc vehicle "for the u ose of evaluatin vehicles„which m~ be parked in residential areas shall include ambulancesLpolice and sheriffis department vehicles, fire protection vehicles, tow vehicles and__other law enforcement vehicles. SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the day of , 2008. CITY OF MONTICELLO By: ATTEST By: Mayor Clint Herbst Jeff O'Neill, City Administrator • INTERNA' i ~~ ~~~~ White White ~_._... White _...._. ~ .~ White - White ~~~~~ International Registration Plan (IRP) Registration Stickers -The decals will appear on vehicles which are proportionally registered and licensed for interstate trucking. The validation sticker is afFixed to the lower right hand corner of the license plate. Operators must also carry a cab card which will indicate the states the vehicle has the authority to operate within. COLOR and EXPIRATION Sample INTERNATIONAL REGISTRATION PLAN (IRP) REGISTRATION STICKERS • CHARACTERS BACKGROUND EXPIRATION -^ Black ~ Gold ~~~1997 i _....~...... White _- ~..__._....~. Blue ~.~~ i 1998 C_.~_T White __..._,_ I_ Magenta ._....~.._ ~...._ 1999 • City Council Agenda - 03/24/08 I2. Consideration to re are an arnendraent to Ci Code for the waiver of buildin ermit fees for residential remodeling nroiects or building modifications for Veterans of the United States Armed Forces. (Planning Coxmnission/AS) A. REFERENCE AND BACKGROUND The Planning Commission has asked that the City Council consider an amendment to the City Code which allows for the waiver of building permit fees for Veterans of the United States Armed Forces. The amendment would relate specifically to building or remodeling projects that have become necessary for veterans due to inquires or disabilities sustained during service to the Armed Forces. The Planning Commission brought this item forward after discussion on similar ordinances proposed and passed in other communities. Specifically, the Planning Commission reviewed and recommended an ordinance akin to one passed by Delano, Minnesota. The Delano ordinance is included as supporting information. if the City Council would like to move forward on such an ordinance, staff would prepare the appropriate language for review at the next Council meeting. Staff would recommend a structure very similar to the Delano ordinance, as it cites a specific purpose or intent, and provides clear definitions for the type of qualifying project. Additionally, staff would recommend that the Council specify the limitations of the waiver. For example, would the City consider a complete waiver of fees, or waiver of all fees that do not require payment to outside entities, such as the surcharges paid to the State of Minnesota. These last set of fees are relatively minor. A.I BUDGET IMPACT At this time, the budgetary impact is unknown. Council may want to consider an annual review of the program to determine budget impact. A.2 STAFF IMPACT In analyzing the impact to the Building Department, staff time would be spent in the review of the permit plans and in the inspection of the home site. Waiver of the base building permit fee and plan review fee would result in the loss of cost recovery for this staff time. Council will consider whether this loss is offset by the public purpose served. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. 1. Motion to approve proceeding with the preparation of a City Ordinance for the purpose of waiving building permit fees for residential remodeling or building projects for veterans having sustained a disability while actively serving in the United States Armed Forces. 2. Motion to deny proceeding with the preparation of a City Ordinance for the purpose of waiving building permit fees for residential remodeling or building projects for veterans having sustained a disability while actively serving in the United States Armed Forces. 3. Motion of other. City Council Agenda - 03/24/08 C. STAFF RECOMMENDATION Staff supports the creation of such an ordinance. The expected impact to staff and budget are relatively minor in comparison to the public good of such a measure. D. SUPPORTING DATA Exhibit A - City of Delano -Related Ordinance =~ ~ a CITY OF DELANO ORDINANCE NUMBER 07-02 ORDINANCE WAIVING BUILDING PERMIT;FEES FOR RESIDENTIAL REMODELING PROJECTS OR BUILDING MODIFICATIONS FOR VETERANS THAT HAVE SUSTAINED A DISABILITY WHYL,E ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES. SECTION 1. FINDINGS AND INTENT The City of Delano hereby finds that the men and women who gave their service in the United States Armed Forces are in need of our honor and respect. These men and women have paid for our freedom by giving up their families, lives they knew, their flesh and their blood to ensure the preservation of democracy. Many of these veterans have returned to their families, friends and homes with special needs directly related to their performed duties. The City of Delano honors these individual sacrifices by waiving the peiznit fees for remodeling projects and building modifications needed to an existing structure that are necessary to allow for the general comfort and well being of the individual within his or her personal residence. SECTION 2. DEFIlVTI'IONS A. "Remodeling Project" means ~a remodeling project to apre-existing residential structure that is the primary. residence~af the individual requesting the waiver. B. "Qualified Veteran" means an individual that has received an honorable discharge from the United States Armed Forces and has served during a Conflict of War, United Nations called Action, or Homeland Security Event and has received a DD214 or FL- B02 fram the Federal Goveznment. G "Residential Dwelling Unit" means a building or portion thereof, designated exclusively for residential occupancy, including one family, two family and multiple family dwellings, but not including hotels, motels, and boazding houses either owned or occupied by a Qualified Veteran. .~ D. "Qualifying Event" means an injury that is directly related to active duty in the United States Armed Forces, including training accidents, combat injuries, and other duties of service that may cause harm. Off duty injuries shall not qualify... E. "Permanent or Long Term Disability" means a physical disability that is medically expected to exist for a period of twelve (12) months or longer. H. If the property is not owned by the applicant, a notarized statement from the fee owner(s) authorizing the modification must be included with the waiver application. The notarized statement shall include the address, parcel identification number and legal description of the parcel. I. The waiver application shall be submitted within 4$ months of discharge from active duty. 1. An applicant must submit a written request 30 days before expixation of the building permit to extend the building permit fee waiver. The extension request shall state the reasons far not completing the Building Modifications or Remodeling Project within the required time period. K. Other documents as may be deemed necessazy by the City's Building Official with respect to issuance of the building permit. - SECTION 4. ISSUANCE OF THE WAIVER OF A BUILDING PERMI'p FEE The City Building Official shall issue such waiver upon receipt of a complete application provided that a determination has been made that the waiver complies with the applicable laws and provisions. ~'. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect uI ADOPTED BY THE DELANO CITY COUN THE FIRST DAY OF MAY, 2007. ATTEST: M ene Kittock, City Clerk Motion By: Second By: 1V1`cDoriald: Schrupp: Hotchkiss: Bartels: Plese: Bartels Schrupp Aye Aye Aye Aye Aye A, P~~Home1DELANO - ISOO~PURPLE HEART ORDINANCE10rdinance 2007 04 26.doc Council Agenda - 03/24/2008 13. Consideration of re lacin 1993 Crafco Meltin Pot. (T.M.) A. BACKGROUND INFORMATION: This agenda item involves the replacement of a 1993 Crafco hat rubber melting pot and applicator which is fueled by LP gas. We purchased this machine in a coop along with the cities of Elk River and Buffalo. In 1993 rubberized sealants were starting to be the sealer of the future verses using the AC3 oil sealants. We were not sure if we wanted to or could justify purchasing a machine just far ourselves so we contacted the cities of Elk River and Buffalo to see where they were at with their crack sealing programs. They were also in the transition of switching to a rubberized sealant. Discussions lead to all three of us purchasing a machine together and working out a schedule for using the machine. All three cities have grown considerably in the last 15 years. Due to the demand of use, scheduling of time and the safety of new machines, the city of Elk River decided to purchase their own machine in 2004. The City of Buffalo also decided to buy their own machine in 2005 for the same reasons. The engine on this machine has reached the end of its life as there is over 7,000 hours on it. Last year the motor was burning three to four quarts of oil a day. This month I had our shop mechanic remove the engine and disassemble it. He has informed me that the motor should be replaced. We have contacted Crafco for a price on a replacement motor and they quoted us $3,514.00. This machine has two hydraulic pumps and motors along with a material pump which are also reaching the extent of their life as well. The newer machines built today are designed to be more efficient and are much safer to operate. Rather than being LP gas fired they operate on diesel petroleum, making them much safer to operate. a. Budget Impact: In preparation for the purchase we have placed an amount of $50,000 in the 2008 Streets & Alleys Budget for replacement of this machine. The Street Superintendent has researched the state bids for melting pots and applicator machines. Although Crafco is the machine we have now and they are a very good company, we feel Cimline Inc. of Plymouth, MN has a better machine. Furthermore, Cimline's bid is $693 less than Crafco's, taming in at $39,220.75. Both companies are on the state bid. Midstates Equipment & Supply of Mountain Lake, MN is the dealer for Cimeline. They have informed us that our old melter has no trade-in value due to its condition. After discussions with Elk River and Buffalo, we decided to advertise the old machine as-is for $1,500 and split the selling price three ways. We are also asking council to consider allowing us to purchase a heat lance gun. This is a combination tool that heats the air coming out of an air compressor when blowing out the cracks before applying the rubber sealant. In 1993 we built our own heat gun. However, due to safety and liability issues, we are no longer able to use it. Cimeline has quoted us a price of $2,128.93 for a heat lance gun. This would bring the total cost of both items to $41,349.68. Council Meeting - 03/24/2008 b. Staff Workload Impact: Purchasing the Cirneline Magma 110 will allow us to do our job safely and more efficiently. The Street Department has a six man crew that runs approximately four -five weeks a year crack filling the streets. With the purchase of this machine we can save one hour per day start up and shut dawn time, that translates into a savings of 150 man hours in a five week period. Top union wage is $22.31 per hour. By calculating this out we have the potential of saving $3,346.50 in wages in the crack-seal season. This is time and money that can be used on other Street Department tasks. B. ALTERNATIVES: 1. The first alternative is to authorize the purchase of a 2008 Cimline Magma 110D Melter from Midstates Equipment & Supply for $39,220.75 (including tax) and a Cimline Heatlance gun with 40' hose kit for $2,12893 (including tax), for a total purchase price of $41,349.68. Furthermore, authorizing the sale of the old melter (in as-is candition) for $1,500.00, splitting the sale with cities of Elk River and Buffalo. B. The second alternative would be to repair the old melter and to continue using it. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director, Street Superintendent and Shop Mechanic that the City Council approve the purchase of the Cimline Magma 110D and Heatlance Gun as outlined in Alternative A, as well as selling the old melter for $1,500 and splitting the proceeds with the cities of Elk River and Buffalo. D. SUPPORTING DATA: Pictures of the old Crafco melter; Pictures of the new Cimline 110D; Picture of Heat Lance Gun; Copy of State Bid from Midstates Equipment & Supply; Letters from the cities of Elk River and Buffalo in support of selling the old melter. V Q (~ Q 0 S ~~ '~ ~~x 4 _. iogarat Lane • P'/ymoutit, MN SS447 •80p-3~8-3874 • FAX 8dd-357-1971 • WWW.CIML/NE.CAM SCl`}l~ ~I~ ~DSTAT~$ ~r+~r~s~va~ March 14, 2008 City of Monticello ,~ttn: Tom MOOr~S 909 Gol f Course Koad Monticello, MN 55362 17ear Tom, ..~ ~,~ 606 County Rd. ~ 1 ,~,~ Mountain Lake, MN 56159 ° T¢l. (507) 427.3807 °" '`~ Fax G507) 427.2697 Toll Free 1-800.929-380"1 TManlc you for the opportunity to quote equipment for your asphalt maintenance neEds. Kce,p in mind that iV1~Y 6.5% Sates Tax needs to be added to the prices listed belaw, 1F ui rive t ZOOR Cimline Mama 110D Molter $36,827.00 Optiuns included in Price: o Up~radc to 20' F.Iectrically HEated Scaling IXose a Agitator Stop System ~ C;ravity Pour Spigot ~ Sealing Disk 2.S" v Swivel Scali'.r.g Disk Z.S" n 3" Pintle Hitch TFUMS: Uwncr agrees that all payments required under this Contract shall be due and payable within 30 days of date: of invoice. Owner further a~recs that Midstates F,quiptnent 8c Supply may charge interest at the annual rate of eighteen percent (I $%), unless a lesser percentage is required by law on any stun due under Haas Contract which is not paid within 30 days of invoice date. If payments are not made when due, interest, costs incidental to collection and attorney's foes (if any attorney is .retained for collection) shall be added to the unpaid balance. Midstatcs Equipment & Supply reserves the right, without penalty from Uwner, to stop service or shipment if the Owner does not make paymenta to Midstates Equipment & Supply when duo. This Proposal/C:ontnact may be withdrawn by Midstatcs Equipment & Supply if not accepted within 30 days, or at anytime, Subject to increases related to material prices as Doted above. S"f~{F $ib T~ ill ~: S'Sf March 14, Zoos City of Monticello Attn: "l~om Moores 909 Golf Course Raad Monticello, MN 5.5362 T7ear 't'om, 606 County Rd. #1 Mountain take; MN 56159 T¢l. (507) 427-3807 Fax (507) 427-2697 Toq Free 1-500-929-3$07 Thank you for the opportunity to quote equipment for your asphalt maintenance needs. keep in mi~tad that 1~ -N 6.S% Sales Tax needs to be added to the prices Listed below. ui mcnt Cim.linc Heatlartce with. 40' Hose Kit $ l ,999.()0 TF,Ki1~LS: Uwner agrees that all payments required under this Contract shall be due and payable w-i.thin 3U days of date of invoice. Owner further agrees that Midstatcs lquipment & Supply may charge interest at the annual rate of eighteen percent (1$%}, unless a lesser percentage is required by law ota any sum due under this Contract which is sot paid within 30 days ofinvoice date, if payments are not made when due, interest, costs incidental to collection and attorney's fees (if stay attorney is retained far collection) shall be added to the unpaid balance. Midstatcs Equipment & Supply reserves ~e ri~ttt, without penalty from Owner, to stop service or shipment if the Qwner does not -nake payraet7ts to M.idstates Equipment ~ Supply when due. This .ProposaUC:ontxact may be withdrawn by Midstatcs Equipment &: Supply if not accepted within 3U days, or at axaytinie, subject to increases related to material prices as noted above. of •--~ ~. 'ver 13065 Onn-o parkway Elj; River, MN 55330 Match 14, 2008 To Whoar It Map Concurs, 1g93 The City a£ Llk River, as joint owner is the 183 200 gallon Crafco melrer With the City of Mvnticsllo and Buffalo, authoazes tha sale of the enrhu fnr the agxeed upon puticc of $500.00. The sale proceeds to be divided equaIly betwcm the City of Elk R-ivet, Mondccllo and Buffalo. s~.~e~ly, ~~~~~~~ Maxk Thompson Assistant Street Superintendent smn: file Ptione: 763635-tOOo Fax:.763.635 toga www. ci.elk-rtver.mn.us gagetofi John Simola From: Laureen Bodin [Laureen.Bodin a~ci.buffalo.mn.us] Sent: Monday, March 17, 2008 1:26 PM To: John Simola Cc: Merton Auger Subject: Crafco Tar Kettle Hi John, Our Street/Parks Superintendent Kelly Brecht asked that we contact the City of Mgnticello to let you know that we concur with the plan to sell the jointly awned tar kettle. We hope this email suffices. He said to direct the message to Tom whom I would ask that you forward this information. Please feel free to contact me if you have any questions. Thank you. Sincerely, Laccreen Bodin Assistant Administrator City of Bc~alo 763-684-5404 (iwj 763-684-5464 (~ tivrv_w,ci.bcc aCo.mn,us 3 l7~?008 Council Agenda - 03/24/2008 14. Consideration of new em to ee safe manual for the Ci of Monticello to include Public Works Hi-Wa Li uor Motor Vehicle and Ci Hall. (.1.5.) A. BACKGROUND INFORMATION: The City of Monticello's current Employees Safety Manual was adopted by the City Council on June 27, 1994. This manual has served us well for many years and has been given to all Public Works emplayees at the start of their employment whether they are summer, seasonal or full- time emplayees. Over the years, however, it has become outdated. as new laws and safety regulations are passed. In an absence of a Safety Coordinator far the entire City, the 1994 manual was set up on the premise that each department head will have the overall responsibility of ensuring compliance with the City Safety Manual in their awn departments. Without one overall Safety Coordinator it has been difficult over the years to unify the city's departments into one master safety program. With the assistance of Susan Pearson from Safety Train, the City's safety trainer/consultant and the Safety Committee, made up of members of most departments in the city, work began in earnest an a new safety manual approximately two years ago. That manual was completed in draft form in the fall of 2007 and has been in final review for the past few months. The document is now being readied for presentation to the City Council. Due to the bulk of the document it is being hand carried the council members on Friday, March 21, 2008. Enclosed you will find a copy of the existing manual and a table of contents for the new draft manual. You will note that there are several new sections to the safety manual while many others have been expanded. The new sections involved around MN AWAIR Program, this is a program in addition to the Employee Right To Knaw Program in past years. Along with the AWAIR Program, hazards communication, bloodbarne pathogens, lockout/tagout, emergency evacuations from buildings, an ergonomic plan, streetlight maintenance, fall protection and violence prevention have been added. The makeup of the current Safety Committee is as follows: Committee Chair: Members: Sean Weis Jahn Simola Tam Moores Tarn Fawelk Matt Theisen Mike Rogers Tom Grossnickle Ann Johnson Tom Ke11y Joe Hartman Julie Hoglund Water & Sewer Department Public Works Department Street Department Parks Department Water & Sewer Department Street Department Parks Department Motor Vehicle Finance Department, City Hall Hi-Way Liquor Minute Taker, Public Works Department After review of the new Safety Manual, the City Council will be asked to approve the new document which will always remain a work in progress as it will be added to, amended to and recorded an each year with modifications taken to the City Council for final approval. If approved, the manual will be summarized and put into short form far distribution to the emplayees and all new City employees of those departments affected by the manual. A copy of the master manual will be available in each department. Council Meeting - 03/24/2008 a. Budget Impact: Each year the City spends about $3,795 contracting for safety training with Susan Pearson of Safety Train, lnc. of Rogers, MN to provide the required classroom training to keep us and our employees current and up to speed with not only our Safety Manual but new safety regulations. This year we will spend another $1,200 for a total of $4,995 for 2008 to formulate same of our training into hands on training, where possible. The impact for 2008, therefore, is a $1,200 increase in our safety budget. Overall, we feel positive that our safety program is and will continue to be a cost savings for the City of Monticello in reducing serious accidents and employee injuries and lost time from work. When employees are well prepared for their job and perform it safety, they are also efficient. Currently safety training and safety manual upkeep is coordinated through the Office of Public Works anal each department head is, therefore, responsible for the training and implementations of the programs within their own departments. The overall system would be much more efficient if there were a safety coordinator for the city, ,just as what was recommended in 1994. We believe that this will make all the departments much more efficient. Any additional costs spent by the coordinator's time will be made up by a more efficient overall operation. b. Staff Workload Impact: Staff workload impact is expected to increase as the individual department heads begin using and enforcing the new Safety Manual. Most of the increase in time will be for the department heads and the Safety Committee. It's difficult at this time to put an actual hour estimate on the amount of time. It is not expected to be significant but it will be a priority. B. ALTERNATIVES: 1. The first alternative after review of the new Safety Manual would be to approve it in its current farm and to begin implementation immediately, and to continue forward with the development of a smaller summary safety manual for a handout to the employees. The increase in cost in hard dollars will be approximately $1,200 for additional contract work with Safety Train, Inc. 2. The second alternative after review of Safety Manual with the City Council would be to make suggested improvements or deductions from the Safety Manual as requested by the City Council and to approve a modified version of the Safety Manual, along with the additional $1,200 for additional work from Safety Train, Inc. and reducing the Safety Manual to summary form for handout to employees. 3. The third alternative would be not to approve the Safety Manual at this time but for the Council to table it for additional study ar to appoint two Council Members for further review of the Safety Manual. Council Agenda - 03/24/2008 C. STAFF RECOMMENDATION: It is a staff recommendation that the City Council approve the new Safety Manual and implement it under Alternative A. This manual is needed to bring us in compliance with all of the new safety regulations. It will remain a fluid document and will be subject to change each year with those final modifications being brought back to the Council each year far ratification. D. SUPPORTING DATA: Copy of the new Safety Manual is being delivered to you under separate cover on Friday. Enclosed you will find a copy of the existing Safety Manual along with minutes from its review and approvals in 1994. You will also find the training schedule for 2008 from Safety Train, Inc. and the proposed increase of $1,200 in the contract price from Safety Train, Inc. SUPPORTING DATA CITY OF MaNTICELLO EMPLOYEES SAFETY MANUAL Adopted by the City Council on June 27, 1994 SAFETY2. iV1AN: 6/29/94 TABLE OF CONTENTS Section Pa le Number I. Background and Introduction 4 II. Statement of Policy 5 III. Safety Committee fi N. Functional Responsibilities 6 A. Employees fi B. Supervisor 7 C. Department Head 7 D. Safety Committee 7 E. Aca.dent Review Committee $ V. Safety Regulations 9 A. Medical and First Aid 9 B. Fire Protection 1,0 C. Housekeeping 11 D. Vehicle Operations 12 E. Personal Protective Equipment and Clothing 13 F. Motorized Equipment and Power Tools 18 G. Mowers 18 H. Hand Tools 19 I. Ladders 20 J. Tree Trimming Operations 20 K Work Below Surface 22 L. Work Above Surface 22 M. Welding 22 N. Cylinders Used in Welding 23 D. Drill Press 23 P. Hand Tools 24 Q. Floor Grinder 24 R. General 24 VI. Employee Right-to-Know Program 25 A. Inventory 25 B. Material Safety Data Sheet 25 C. Labeling 25 D. Employee Training 2fi E. Access to Information 27 F. Record 27 G. OSHA Poster 27 SAFETY2.MAN: fi/29/94 Page 2 of 39 Section Pa e Number Hazardous Inventory List Form 28 Training Roster -Public Works 29 Training Roster -City Hall 30 VII. Confined Space Entry 31 A. Purpose 31 B. Definitions 31 C. Types of Hazards 31 D. Confined Space Classifications 32 E. Emergencies 34 F. Training 35 35 G. Compliance VIII. Disciplinary Action 35 Receipt Acknowledgement Page 3fi Monthly Safety Checklist 37 SAFETY2.NtAN: 6/29/94 Page 3 of 39 SECTION I: BACKGRQUND AND INTRODUCTION The Occupational Safety and Health Act for the State of Minnesota was signed into law on May 23, 1973. The law includes the state, counties, towns, cities, school districts, and other governmental subdivisions within the state. Prior to enactment by tl~e State of Minnesota on May 23, 1973, the responsibility of enforcement of the Occupational Safety and Health Act was the responsibility of the federal government. Within the state of Minnesota, the areas of safety inspection were carried out by the State Industrial Commission. Lack of personnel at both the federal and state level allowed unsafe conditions to prevail in the public as well as the private areas of employment. The law requires that: Every employer shall furnish employment which is safe for employees engaged therein, shall furnish a place of employment which shall be safe for the employees therein and for frequenters thereof, shall furnish and use safety devices and safeguards, prescribe hours of labor reasonably adequate ti4 render such employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters. The State also requires by law that each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this act which are applicable to his own actions and conduct. No employee shall remove, displace, damage, destroy, or carry ofd' any safety device or safeguard furnished or provided for use in any employment or place of employment ar frequenter of such place of employment, or fail to follow and obey orders, and to da every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters. Any employee or representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists shall inform his supervisor or department head of the hazard. If no action is taken in a reasonable amount of time, the employee may request an inspection by giving notice to the commissioner of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided the employer or his agent no later than the time of the inspection, except that upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any retard published, released, or made available. Employees are encouraged to report violations and unsafe conditions, and no employee shall be discharged or in any way dis~*~+rn~nated against because he/she has filed a complaint or reported a violation of unsafe conditions. SAFETY2.MAN: 6129/94 Page 4 of 39 Since the City of Monticello is held responsible for all accidents and has provided safety equipment for all employees where hazards exist, it now becomes necessary to implement the safety policy described above and to enforce the use of this safety equipment. SECTXON II: STATEMENT OF POLICY The City of Monticello recognizes the importance of the health, safety, and welfare of each of its employees and to the level of efficient services it provides for its citizens. The purpose of this safety manual is to institute a basic plan of accident prevention. Employee injuries and accidents mean waste and untold suffering for the injured person andhis/her family, waste not only in loss of tax dollars expended for lost time, compensation payments, and repair costs, but it may also mean diminution of the employee's ability to realize his full earning capacity through permanent or extended temporary disabilities. Individual and family suffering resulting from a disabling injury are recognized as a primary loss to the employee so severe that na dollar value can be placed an it. The loss of limb, impaired vision, or other crippling injury are often sobering examples of a neglectful attitude toward safety. The success of any safety program, however, demands more than basic rules and plans. It must become a living, workable program through cooperation and support of all levels of management and employees. The responsibilities of the Safety Coordinator, the department and division head, the supervisor, and employee have been defined so each will know what is expected. The iamportance of safety conciousness must be emphasized in every task performed. It may be instilled by an acute awareness on the part of department and division heads of their primary responsibility in the safety program and thee' obligation to effectively place it in operation through their supervisors. Compilation of accident statistics and recognition of job hazards mean little unless they are made a useful tool from which to build a preventative accident program far the future. The contents and procedures of this manual should be widely publicized among all employees. It shows management's concern for their safety and welfare, and every employee should become familiar with the operation of the program. Any further questions relative to the proceduxe of this manual should be directed to the respective department head. SAF'ETY2.MAN: 6/29/94 Page 5 of 39 SECTION III: SAFETY COMMITTEE The Safety Committee shall consist of six appointed or volunteer city employees who represent across-section of the City's departments. Membership shall be reviewed annually, and members' terms of service shall be staggered so as not to impact the committee as a whole. The Safety Committee shall meet at least monthly and whenever any Safety Committee member calls a meeting. The functions of the Safety Committee are as follows: 1. Review and evaluate accident reports monthly and make recommendations to management for corrective action. 2. Each member of the Safety Committee shall act as a resource person for his/her department regarding safety procedures and shall work with his/her department head and other department heads i.n the coordination of all safety programs and.shall relay the safety concerns of the individual employee in his/her department to the department head or supervisor. 3. To organize employee safety meetings with first aid and fire extinguisher instruction and other related safety films and materials to promote better safety standards. SECTION IV: FUNCTIONAL RESPONSIBILITIES A. Employees: 1. To comply with the rules and regulations contained in the safety manual. 2. To act with care and consideration for himself/herself and others. 3. To report all job-related injuries to supervisory personnel. 4. Employee must use all safety equipment and protective clothing as required. 5. To be alert to needed improvements in safe working conditions and equipment and to suggest changes or improvements to supervisory personnel. 6. To report all unsafe conditions to his/her supervisor. SAFETY2.MAN: 6/29/94 Page 6 of 39 B. Supervisor: 1. Ta instruct each employee in the safe and proper manner of performing his/her job. 2. To ensure that the needed safety equipment and protective devices are provided far each jab and maintained in goad condition. 3. To ensure that all equipment is in good operating condition. 4. To take prompt action on unsafe conditions and work practices. C. De artment Heads: 1. Department Heads will have the overall responsibility of ensuring compliance with the City Safety Manual in their own departments. 2. Will ensure that policies and procedures are established in their departments that are peculiar to their specific operations. 3. Initiate and maintain a safety program. that is effective enough to assure each employee within the department safe and healthful working conditions. 4. To hold periodic inspections of city departments to monitor compliance with safety standards. 5. To keep a current file of OSHA regulations, to make those records available to Safety Committee members, supervisors, and employees, and to work for compliance of those regulations. 6. Tv ensure active participation of supervisors and employees in the maintenance of an effective safety program. 7. Assist the City Safety Committee activity by providing monthly reports. D. Safet Committee: 1. To make suggestions or recommendations to city management or department supervisors regarding safety procedures. 2. Assist department heads as required in conducting inspections of city departments to monitor compliance with safety standards. 3. To review accidents both personal and automotive each month and make suggestions to management regarding corrective or possible disciplinary action. SAFETY2.MAN: 6/29/94 Page 7 of 39 4. To obtain safety films and aids for safety meetings for employees. 5. To organize departmental participation in first aid courses. 6. To obtain information of new and updated safety standards. E. Accident Review Committee: 1. The committee will consist of two members from the safety committee, one member from the department where the accident occurred, and one member at large. Other departments such as fire department and police departrnent will serve as resource individuals. All members are chosen by the Chairperson of the Safety Committee. 2. The purpose of this committee will be to: a. review all work-related accidents involving city employees and/or city property accessible to the public. b. make the objective recommendations concerning all work-related accidents with the goal to reduce the occurrence of work-related accidents. 3. Meetings. The Accident Review Board will meet on the second Thursday of each month at 2:30 p.m. The facts of the accident will be presented by the supervisor to whom the accident was reported. The employee involved in the accident may attend the review and present his/her account of the accident. 4. Findings. Within five days, the Review Board will make one of two findings: a. Non-Preventable--with no recommendation for corrective action. b. Preventable--with recommendation for corrective action. 5. Corrective action may include but is not limited to: a. Positive Discipline--Specialized training, refresher training, formal education, required attendance at seminar, field training program conducted by supervisor. b. Negative Discipline--Verbal reprimand, suspension without pay, demotion, or in extreme cases, discharge. 6. Disciplinary Action. Any disciplinary action will be initiated by the employee's supervisor, department head, City Manager, and/or City Council, whichever is applicable. SAFETY2.MAN: 6/29/94 Page 8 of 39 7. A copy of the Review Board's findings will be sent to: a. The employee(s) involved b. The supervisor to whom the accident was reported c. The department head d. The City Administrator e. Union representative, if appropriate SECTION V: SAFETY REGULATIONS A. Medical and First Aid: 1. All city trucks shall be equipped with a first aid kit. First aid kits shall be maintained in all city buildings where routine city activities are conducted. Furst aid kits shall be as recommended by the City's first aid service. 2. All personnel shall be familiar with the location of first aid kits at their work sites. 3. The City's first aid service shall check first aid kit supplies on a periodic basis and refill same. 4. Minor scratches, etc., should be reported to the supervisor or crew leader. Always be sure the open wounds are thoroughly cleansed with soap and water to prevent infection. 5. Personnel in each shop/office will be trained in first aid and CPR procedures. These people will be designated by the supervisor. ~. There may be cases in which an injured employee, while needing professional attention, could be transported to the hospital by city car. There may be cases, however, in which it is important that the injured employee be transferred by ambulance. If there is any question in the mind of the supervisor or lead person in charge, it should be resolved by calling for ambulance service. The following conditions would definitely indicate ambulance service: a. Employee unconscious or apparently in shock, b. Any compound or immobilizing fracture, c. Any hemorrhaging, d. Severe abdominal cramps or vomiting. 7. All injuries, no matter how minor, are to be reported to a supervisor or department head as saon as practical. SAFETY2.MAN: 6/29/94 Page 9 of 39 8. In an emergency requiring more than first aid, the employee shall be taken to the employee's family doctor or to the Manticella-Big Lake Hospital. B. Fire Protection: 1. Suitable fire extinguishers as determined by the Fire Department shall be available in all buildings and near high fire hazards. 2. Fire extinguishers shall be maintained in fully operable condition, correctly labeled, and kept in designated places at all times when not in use. 3. All licensed city vehicles and heavy equipment shall be equipped with fire extinguishers. 4. Extinguishers shall be conspicuously located where they will be readily accessible and immediately available in case of fire. 5. Supervisors shall designate employees to visually check pressure gauges and seals on extinguishers once a month. Any fire extinguishers found deficient or discharged shall be pulled from service, refilled, repaired, or replaced as soon as possible. 6. All extinguishers shall be thoroughly inspected once a year by the fire department or a certified fire extinguisher company. 7. Employees shall be given adequate instruction on the function and operation offire extinguishers and be familiar with their locations in the work area. 8. .All employees will receive initial fire extinguisher training within ninety (90) days of being hired and annually thereafter. 9. Oily rags and flammable wastes shall be kept in covered metal containers. 10. Cleaning solvents and paint products with flammable properties shall be kept in approved safety containers and labeled. 11. Gasoline shall not be used for cleaning purposes. 12. Fuel oil or kerosene for starting fires is to be used only outside. Gasoline shall not be used for starting fires. 13. "No Smoking" shall be enforced in all city buildings and vehicles. This shall also include areas where hazardous or flammable substances are stored outside of buildings. SAFETY2.MAN: 6/29/94 Page 1Q of 39 14. All employees shall be familiar with all possible exits. All exit signs and emergency lighting shall be properly maintained and checked monthly for proper operation. C. Housekeeping: 1. All aisles, passageways, doorways, sidewalks, stairs, and walking surfaces shall be free from refuse, slippery and wet substances, misplaced equipment, and tripping hazards. 2. Floors shall be kept clean. An absorbent shall be applied immediately to oil, grease, and flammable accumulations and shall be cleaned as soon as possible. During maintenance operations such as mopping floors, a warning device shall be placed notifying the public of Iloor conditions. 3. Washrooms, locker rooms, lunch rooms, and toilet facilities shall be kept at a high level of cleanliness. 4. All wastes shall be disposed of in proper receptacles. 5. A general clean-up will be conducted at least weekly. 6. Tools, supplies, and equipment shall be stored in an orderly manner and in such a way as to minimize danger from fire or collapse. 7. All exits shall be clearly marked and unobstructed at all times. Employees shall be familiar with all exits from work sites. 8. Flammable liquids shall be kept in OSHA-approved containers when not actually in use. 9. Flammable and combustible liquids shall be labeled and stored in appropriate storage areas according to OSHA and NFPC regulations. 10. An employee shall report to his/her supervisor any potentially dangerous storage procedure or hazardous condition. 11. Gasoline shall be stored in approved safety gas cans. 12. Electrical equipment shall be kept properly oiled and free of grease and dirt. 13. Adequate lighting shall be provided in obscure areas to protect employees and the public. 14. Extension cords shall not be used in oil or water and shall be inspected for worn insulation, exposed strands of wire, and ground connectors before use. SAFETY2.M.AN: 6/29/94 Page 11 of 39 D. Vehicle C7 erations: 1. Drivers of city vehicles must possess a valid Minnesota driver's license for the class of vehicle they operate and shall obey all state traf&c rules and regulations. 2. Only authorized personnel shall operate city vehicles. 3. The city requires all drivers and passengers using city vehicles to utilize installed seat belts. 4. Vehicles shall be maintained in operable condition according to vehicle maintenance manuals and 45HA and D.O.T. regulations. 5. Employees shall be responsible for daily visual inspection of lights, brakes, horns, turn signals, and tires. Employees operating vehicles that fall under the heading of commercial motor vehicle as determined by the State of Minnesota Classification must comply with state law #1fi9.782, Daily Inspection of Commercial Motor Vehicles. 6. 4peratars shall report all unsafe and defective equipment to supervisors. Defective equipment shall not be used. 7. City vehicles shall be refueled only when engine is off. 8. City vehicles shall be parked with motor stopped and key removed when unattended (out of sight or out of sound) or outside of storage. 9. All slow-moving vehicles shall use safety Ilashers and slow moving signs when operating on public streets. 1Q. No more than two persons shall ride in the front seat of any vehicle unless vehicle has additional seating capacity. 1.1. No person shall ride in or an a vehicle except in approved seat belt equipped locations. 12. No person shall ride on any portion of a motor grader, tractor, or similar equipment except as the driver or operator. SAFETY2.MAN: fi/29/94 Page 12 of 39 13. Drivers shall not permit vehicles to be loaded beyond the capacity of the unit ar permit loading which obstructs the operator's vision or may spill from vehicle. 14. All equipment and tools carried on or in a vehicle shall be placed securely in compartments (outside of cab) or fastened. 15. Drivers shall be particularly cautious when driving near children. 16. Children shall be kept from playing in or about city-owned vehicles. 17. Moving vehicles into, out of, or near buildings shall be done slowly and with care. ].$. Personnel shall not jump on or off vehicles while they are in motion. 19. Backing operations: a. Backing shall be avoided unless absolutely necessary. b. Backing shall be done only after driver has made certain his vehicle has adequate clearance on all sides. c. Backing shall be done very slowly and with extreme caution. d. Bath sides shall be observed during backing operations and all vehicles have right-hand mirrors. e. Where possible, backing shall be done with the use of a signal person. f. Back up alarms shall be on all trucks 1-ton. and over capacity and all heavy motorized equipment. E. Personal Protective Egui meet and Clothing: ].. General: a. Proper personal protective equipment shall be provided by the City and maintained in a sanitary and reliable condition. b. Protective equipment shall be used when there is a hazard from the working environment that may cause injury or illness. c. Supervisors shall be responsible for enforcing rules regarding wearing of protective equipment. SAF'ETY2.MAN: 6/29/94 Page 13 of 39 2. Eye and Face Protection: Any employee assigned to a task involving likelihood of eye or Face injury shall wear proper protection. This includes but is not limited to the following: a. Operating grinders, b. Handling open muratac acid containers, c. Changing mercury vapor lights, d. Using air compressor, e. Using paint striper, f. Operating tree chipper, g. Digging holes involving concrete and asphalt, h. Pounding open manhole cover seals, operating jack hammers, cutting with chisels, using power saws and lathes or any equipment involving danger of flying particles, i. Welding operation, j. The City will furnish O.S.H.A. approved safety frames and lenses for any employee required to wear them. Current eyeweaz policy as approved by City Council shall determine cost-sharing. 3. Respirators: On jobs involving exposure to harmful fumes, gases mists, or chemical dusts or lack of sufficient oxygen, proper respiratory protection shall be used. a. Supervisors shall thoroughly instruct employees whose work assignments involve the use of respiratory protection about the potential hazards they are exposed to and how to use the proper respiratory equipment. b. Suitable breathing apparatus shall be conspicuously placed near work environments which present atmospheric hazards. c. Respirators shall be inspected before each use. They shall be cleaned, properly serviced, and stored after each use. d. Employees shall be certain respirators are functioning properly and that face seal is secure prior to use. e. Masks or respirators shall nat be worn when conditians prevent a goad face seal such as sideburns, cap, or beard growth, etc. f. Employees shall not wear contact lenses in contam;n~~d atmospheres. SAFETY2.MAN: 6/29/94 Page 14 of 39 g. S.C.B.A. Training. Self-contained breathing apparatus (S.C.B.A.) are used on jobs where exposure to harmfixl fumes, gases, chemicals, oxygen enrichment, and oxygen deficiency are present. 1) Supervisors shall be responsible for instructing or arranging for a qualified individual to instruct the employees on how to use and maintain S.C.B.A.s. This includes: a) Knowing where S.C.B.A.'s are located in the community. b) How to check the air cylinder gauge to be sure they have enough oxygen to do the job. c) How to properly put on an air pack. d) How to put on a face mask and check for air leaks around the face piece and supply hose. e) How to check waste valve on air mask. ;E~ How to check regulator. g) How to turn on air cylinder and don systems and check alarm bell. h) How to shut off S.C.B.A. i) How to clean and inspect S.C.B.A. They shall be inspected monthly whether used or not. 2) Those employees who as part of their Job description are required to use an S.C.B.A. shall be clean shaven, including shaving o£ sideburns so that a good mask seal can be obtained. 3) Employees shall not wear contact lenses in the S.C.B.A. mask. 4) Employees who are expected to wear S.C.B.A. will have annual medical checkups according to Minnesota guidelines. SAFETY2.MAN: 6/29/94 Page 15 of 39 5) When an emergency situation happens due to a gas leak (chlorine), one properly equipped person shall not attempt repairs unless one other person is present with full S.C.B.A. equipment on. This includes calling PSG or 911 For the fire department for backup. 6) .Whenever S.C.B.A. are used, the air cylinder should be refilled immediately by a member of the fire department to the desired pressure for that cylinder. 4. Hard Hats: Hard hats shall be kept in good repair and proper adjustment and shall be worn only by the individual to whom they are assigned. They shall be used in any operation where there are hazards of being struck by falling objects, machinery, moving loads, or being bumped in confined spaces. This can include but is not limited to the fallowing situations: a. While in excavations, manholes, trenches, and low-headroom areas, b. While using tree spade and tree trimmers, c. When changing lights with loader or boom truck, d. While working with air compressor, e. While loading or unloading equipment, f. In any other area where hazards may exist. 5. Hearing Protection: Whenever there are activities involving machines or equipment that produce sound levels which can cause hearing loss, proper ear protection such as muffs or plugs shall be used. This includes but is not limited to the fallowing: a. Operating or in close proximity of tree chipper, b. Operating jack hammer, c. Operating chain saw, d. Operating vac-all, SAFETY2.MAN: 6/29/94 ' Page 16 of 39 e. While operating equipment that exceeds maximum decibel levels as defined by OSHA standards. f. In any other area where hazards may exist. 6. Protective Clothing: a. Reflectorized safety vests shall be warn by all employees working on or near public roadways, by meter readers, and by flag people directing traffic. b. Protective gloves and clothing shall be worn while handling caustic or dangerous chemicals, while welding, handling batteries, and while changing mercury vapor lights. c. Good quality leather-top (above ankle) work boots or work shoes shall be worn in all jobs involving handling or waving heavy material, during mowing operations, and the following: 1) Engineering personnel while on public services, construction, ar maintenance project job sites. 2) Street department personnel while doing street maintenance, equipment maintenance, and shop fabrication. 3) Park department personnel during ground maintenance activities. d. For those periodic jobs which require additional foot protection as per the job analysis, the City will provide slip-on toe protectors meeting ANSI Safety Standards (241.1 - 19$3). Fvr those individuals who perform jobs requiring toe protection more than 200 hours per year, the City will contribute up to $90 toward a boot or shoe meeting ANSI Safety Standards. For each year a pair of boots is purchased, individuals will be expected to wear the boots or shoes while at work and must provide receipts prior to contribution by the City. e. Employee shall not wear loose, flowing, or ragged clothing on or near moving machinery or equipment. f. For outdoor work in winter weather, layers of loose, warm, fairly lightweight clothing is recommended. g. Firefighters will wear specific personal protective clothing as required by their department. SAFETY2.MAN: 6/29/94 Page 17 of 39 h. Employees shall wear shirts and full, length slacks/pants far jobs involving construction or maintenance projects, i.e., street, sewer, water, ground maintenance, parks, golf, cemetery, etc., activities. F. Motorized Equipment and Power Tools: 1. General a. One or more methods of machine guarding shall be provided on machines to protect from hazards created by nip points, point of operation, rotating parts and flying chips ar sparks. (OSHA) b. Machine guards shall not be altered or removed except for repair. c. Machines shall not be left r~inn;ng unattended. d. Equipment shall be used only for jobs for which they are designed. e. Defective tools and equipment shall not be used. f. Defective motorized and electrical equipment shall be immediately tagged "out of order." (Out of order tags shall be readily available.) g. Repair work on any motorized or electrical equipment shall be done only after machine has been "lacked out" (made incapable of being started) and "do nat operate" tag is near start mechanism. h. All electrical equipment shall be properly grounded. i. Electrical cords shall not be frayed or worn or present tripping hazards or be subjected to damage by traffic or machinery. j. Supervisors will be responsible for personnel trauung of the safe use of equipment or power tools they are operating. G. Mowers (Tractors, Self-Propelled and Push Type): 1. Before leaving the shop, the operator shall inspect spark plug wire, the mower blades, gears, pulleys, etc., to determine their condition and shall repair deficiencies or report such deficiencies to the shop mechanic. 2. Before operating such equipment, the employee shall also check to determine that the machine has the proper chain guards, that the gas tank is full and not leaking, all lubricants and coolants are at their proper levels and not leaking, and that wheels, handles, and bolts SAFETY2.MAN: 6/29/94 Page 1$ of 39 are tight. Also, housing should be checked for cracks orloose-mounting flanges. The employee shall check all safety equipment for proper operation which is provided on the mowers such as seat belts, safety starting equipment and switches, emergency shutoff switches, flashing lights, etc. 3. Area to be mowed shall be inspected for wire, sticks, and miscellaneous objects which should be removed before mowing. 4. Bystanders shall be warned by operator of danger of IIying objects. 5. Mowers shall not be left unattended with engine r,Inning. 6. Loose fitting clothing shall not be worn while operating or working around such equipment. Shirts and full length slacks shall be worn while operating or working around all equipment. 7. operators shall wear proper foot protection. 8. Proper eye protection shall be used. 9. Mowers shall be refueled only when engine is off and allowed to cool sufficient to reduce the possibility of fuel ignition. 10. When loading or unloading such machinery, the employee shall disconnect the spark plug wire. Gloves shall be worn while loading or unloading such equipment. 11. Before first-time operation of equipment, the operator shall review operators manual, and any discrepancies between safety manual and operators manual shall be reported to supervisor immediately. H. Hand tools: 1. General: a. Hand tools shall be kept in good condition, cleaned, and stored in a specially designated area. b. The right tool shall be used for the job; c. Hand tools shall be used correctly; d. Hand tools shall be kept in a safe place. SAFETY2.MAN: b/29/94 Page 19 of 39 I. Ladders: J.. Defective ladders or non-OSHA rated ladders shall not be used. 2. All ladders shall be inspected annually and before use for warping, cracks, loose rungs, sharp projections, and general condition. 3. Only one person shall occupy a ladder at a time, except for firefighters. 4. Metal ladders shall not be used near electrical power lines. A non- conductive fiberglass ladder shall be used. 5. Ladders shall be maintained in good condition by being stored on supporting racks or in a specially designated area. J. Tree Trimming Operations: 1. The area immediately around the trimmer shall be arranged in such a manner as to prevent public access. 2. All tools and equipment shall be maintained in good condition. 3. Safety hats, goggles, gloves, and ear protection shall be worn. 4. Ropes shall be kept coiled when not .ui use and shall be inspected seasonally and before use. 5. Saws shall be secured from falling while used for tree trimming purposes and being used from bucket truck. 6. Only authorized personnel shall operate pawer tools and equipment. 7. Outrigger stabilizers shall be positioned on ground prior to operation of lift device on aerial ar bucket truck. 8. Partially sawed-through limbs shall not be allowed tv remain in a tree. 9. Chain Saw: a. Before operations begin, the operator should check the condition of the chains, chain brake, blade, and muffler. Repair, replace, or report defective parts immediately. b. The engine shall be turned off and allowed to cool sufficiently to reduce the possibility of fuel ignition. c. The chain saw shall be held with both hands during use. SAFETY2.MAN: 6/29/94 Page 20 of 39 d. The operator shall not wear aloose-fitting shirt and shall wear cu£Iless slacks to minimize the danger of becoming snagged by tree branches. e. Operators shall inspect wood to be sawed far foreign objects (nails, etc.). f. Cutting directly overhead is prohibited. g. Employees shall not operate a chain saw unless there is at least one other employee in the immediate area in which operations are to take place. 10. Chipper: a. Regular inspections shall be made on the tightness of 1oGking bolts which hold cutter blades and operating condition of chipper. b. Hitching device lights and coupling safety chains shall be inspected regularly on chipper. c. The area immediately around the chipper shall be arranged in such a manner as to prevent public access. d. Chipper operators shall weax loose fitting gloves and eye, ear, and head protection whale chipper is in operation. e. A push stock shall be provided and used to push small pieces of wood into the chipper blades. f. Chipper shall not be left unattended unless starting controls are locked out. g. Chipper shall not be parked or operated in high weeds or grass. h. No one shall be allowed in front of exhaust chute or in truck while unit is running. i. Foreign materials shall never be thrown into chipper. j. Before first-time operation of equipment, the operator shall review operators manual, and any discrepancies between safety manual and operators manual shall be reported to supervisor immediately. SAFETY2.MAN: 6/29/94 Page 21 of 39 K. Work Below Surface: 1. Sewers: a. Cones, barricades, snow fencing, and/or lights shall be placed around any area in which employees are engaged in street excavation, repair, or sewer cleaning. b. Manhole covers which are not provided with lifting devices shall be raised slightly on one edge and then slid away from hole. c. The ground opening shall be covered and barricaded overnight when the work exceeds one day in duration. d. Shoring shall be checked each day before work begins. L. Work Above Surface: 1. Scaffolding shall be furnished cements for Scaffolding, forlpersOonnel Standards 1910.28, Safety Req engaged in work that cannot be done safely from the ground or from solid construction. M. Wei: 1. Welding equipment shall be chosen for safe application to the work and shall be installed properly. Employees designated to operate welding equipment shall be properly instructed and qualified to operate it. 2. Mechanical ventilation shall be provided when welding or cutting: a. Beryllium, cadmium, lead, zinc, or mercury; b. Fluxes, metal coatings, or other material containing fluorine compounds; c. Where there is less than 10,000 cubic feet per welder; d. Where the overhead height is less than 16 feet; e. In confined spaces. 3. Proper shielding and eye protection to prevent exposure of Personnel from welding hazards shall be provided. 4. Proper precautions (isolating welding and cutting, removing fire hazards from vicinity, providing a fire watch, etc.) for fire protection shall be taken in areas where welding or other "Hot Work" is being done. SAFETY2.MAN: fi/29/94 Page 22 of 39 5. Work and electrode lead cables shall be frequently inspected. Cables with damaged insulation or exposed bare conductors shall be replaced. N. C lindens Used in Weldin 1. Compressed gas cylinders shall be chained and kept away from excessive heat, shall not be stored where they might be damaged or knocked over by passing or falling objects, and shall be stored at least 20 feet away from highly combustible materials. 2. Where a cylinder is designed to accept a valve protection cap, caps shall be in place except when the cylinder is in use or is connected for use. 3. Acetylene cylinders shall be stored and used in a vertical, valve-end up position only. 4. Oxygen cylinders in storage shall be separated from fuel-gas cylinders of combustible materials (especially oil or grease) a minimum distance of 20 feet or by anon-combustible barrier at least 5 ft high having a fire resistance rating of at least 1/2 hour. Oxy~en/Acetylene Bottles • Bottles are to be shut aff, hales drained, and regulators backed off when not being used. • Roll up hoses and store on tank rack when not being used. • Store tips in proper place. • Proper dark-colored glasses, goggles, ar shield will be worn. • Proper starting up and shutting down of tanks will be followed and those procedures are posted in the welding area. • Fire extinguisher will be close at hand. 0. Drill Press 1. Safety glasses, goggles, or face shield wall be used when operating this equipment. 2. Wipe off press bench of metal chips and other debris. 3. Take drill bit out of chuck and put away in its place. SAFETY2.1r1AN: 6/29/94 Page 23 of 39 4. If cutting oil is used, wipe up after usage and store an table next to press. Stare oily flammable rags in flame resistant covered cantainers. P. Hand Tools (i.e., hand grinder, hand drill, etc.) 1. Safety glasses, goggles, or face shield will be used when operating most hand tools except grinders. All grinding operations require the use of safety glasses with goggles or face shield. 2. Keep hand tools clean and in good working order. 3. Store all tools in their proper place. Q. Floor Grinder ].. Safety glasses with goggles ar face shield will be used when operating grinder. 2. Keep shields in place. 3. Use clamping devices when grinding small pieces. 4. Keep area clean of debris and excess grinding. 5. Inspect wheels to make sure wheels aren't cracked or broken. 6. Inspect grinder wheels to make sure wheels aren't farther apart from the guard than 1/8". R. General 1. Sweep shop floor after each use. 2. Remove of all flammable material and spray cans Pram area and store in proper metal cabinet. 3. Conduct a weekly check by supervisor to assure procedures are being followed. 4. Report any machinery malfunctions to supervisors immediately. 5. Report any injuries to supervisors immediately. 6. Pick up area daily. 7. Don't leave machines running unattended. SAFETY2.MAN: 6/29/94 Page 24 of 39 SECTION VI: EMPLOYEE RIGHT-TO-KNOW FROGRAM A. Invento Each department within the City shall complete an inventory on an annual basis to identify and list all hazardous substances and survey their departments for hazardous physical agents. The inventory and survey shall include hazardous materials that are generated in the work operation but are not in containers (e.g., welding fumes). Each department list will be updated upon the purchase of a new hazardous substance or physical. agent. It shall be the responsibility of the department heads to send copies to the safety coordinators so the master lists can be updated. The form to be used is included at the end of this section. Conversely, when chemicals are outdated or are no longer being used for the purpose intended, they should be disposed of properly and removed from the list. B. Material Safet Data Sheets: The department head or individual who purchases any hazardous substances or hazardous physical agents shall at the time of purchase request a material safety data sheet from the chemical manufacturer, distributor, or importer. The MSDS must contain the physical and chemical properties of the substance as well as the physical and health hazards, routes of exposure, precautions for safe handling and use, emergency and first aid procedures, and control measures. If the MSDS is incomplete or is confusing, the department head or purchaser shall contact the manufactuarer/distributor for more information prior to using the chemical. Notices will be posted with all individuals who routinely purchase chemicals directing them to request the MSDS sheets. The City purchase orders will be amended to pate the requirement. The Cites financial department will cross- check prior to payment far chemicals to see that the material safety data sheets have been received. C. Labeling: All incoming shipments of hazardous chemicals shall be checked by the individual who ordered such chemicals to see if they are properly labeled. All such containers received from manufacturers should include the following three pieces of information on the label: SAFETY2.MAN: 6/29/94 Page 25 of 39 1. the identity of the hazardous substance or substances 2. the appropriate hazard warnings 3. the name and address of the chemical manufacturer's importer or other responsible party D. Em to ee Trainin The department head is responsible for the employee hazard communication/right to know training program. He/she will ensure that all elements specified below are carried out. He/she may delegate specific training activity to department heculs, supervisors, or former as appropriate. All existing employees and each new employee prior to starting work with chemicals, physical agents, or infectious agents will receive initial Hazard Cammunication/Right-to-Know training. The training will include the following: 1. An overview of the Hazard CammunicationlR.ight-to-Know Standard and this section of the Employee Safety Manual, 2. Location and availability of our written Hazard Communication Program, 3. Chemicals and physical agents present in their workplace operations, 4. Physical and health effects of the hazardous chemicals or physical agents, S. Methods and observation techniques used to detez~mine the presence or release of hazardous chemicals in the work area, 6. How to lessen or prevent exposure to hazardous chemicals or physical agents by using good work practices; personal protective equipment, etc., 7. Steps the company has taken to lessen or .prevent exposure to these chemicals or physical agents, 8. Emergency procedures t4 follow, 9. Location of MSDS's and other written information, and how to read and interpret the information on labels and MSDS's. Training on infectious agents must also include: 1. the chain of infection 2. proper techniques to avoid self contamination 3. hazards to special at-risk employee groups A copy of "Control of Communicable Diseases in Man" shall be available to all employees potentially exposed to infectious agents. Refresher training must be conducted annually for those employees that could be exposed to hazardous materials while on duty. SAFETY2.MAN: 6/29/94 Page 2fi of 39 Prior to anew chemical or physical agent being introduced into any department, each employee of that department will be given information as outlined above. E. Access to Information: 1. Two complete master copy files of the material safety data sheets will be maintained by the Safety Committee. One file will be maintained at the office of public works, the other file will be maintained at city hall. 2. At each work site which captains a structure and where hazardous chemicals are routinely used or stored, a material safety data sheet work station shall be established. The work stations shall be brightly labeled and located in a conspicuous place. Each MSDS work station or center shall also contain emergency response phone numbers for police, fire, ambulance, etc. Should the center be located in a hostile environment, the MSDS sheets shall be protected by laminating. 3. Each MSDS work station or center will also include hazardous material labeling information. 4. If any employee determines that an MSDS is not available for a particular chemical or physical agent, he/she shall immediately contact the supervisor. F. Record: All training for hazardous chemical substances or physical agents shall be documented. It shall be the responsibility of the individual conducting the training to document that training. The document shall include who was trained, when, and what was covered. A master hazardous, chemical or physical agent training rostex shall be maintained by the department head. Each department head shall maintain a roster for each employee in his/her department. All training records must be xetained for a minimum of five years. A copy of the training roster is included in this section. G. OSHA Paster: The Minnesota QSHA poster entitled "Safety and Health Protection on the Job" shall be posted in all work places in a conspicuous place such as the bulletin board where other notices to employees are typically posted. This poster describes employees' protections and employer's obligations under the Minnesota QSHA Act and the Employee Right-to-Know Act. SAFETY2.MAN: 6/29/94 Page 27 of 39 U] y ~c! c~ +~ -~ r- 4 c ca c,D Z th n r• ~e+ n 0 c~ C ~• n b ~' C'] 0 r y ° z ~~' ~' o ~~ ~ , ~~ C-~ O 4 ~d wC r H t~ y N L~7 CO ~P cn ea 0 a~~ ~~ ~ n• a m n O 0 ca ~ ~ ~?. ~ c ~ `~ y z ~' H Ca c., 0 0 r C7 n m b w n r n O i a T ~~ '~i ~~ O U7 ~~,y L J R.n. Q~ N CD b w c o. -,, W !D d ~ C~ m ~ ~ ... A ~~.y it :. ~+~1 9 0 M• x ~ h a ~, d m d • ~ z ~ ~. x m m ~~ cn m r~ n N ro x .~ 'r~ SECTION VII: CONFINED SPACE ENTRY A. Purt~ose: The purpose of the Confined Space Entry Policy is to comply with OSHA regulation 5205.1000 - 5205.1040, 5067.0300, and to establish guidelines far employees' safety while working in confined spaces. All employees have a responsibility to comply with this and other sections of the safety manual. The Safety Coordinator and department heads shall be responsible far employee training and compliance with this section. Failure to comply fully with this section may result in injury or death. B. Definitions: Confined Space - A confined space is any area which by design has limited openings for entry and exit and/or unfavorable natural ventilation. The space may contain or produce an atmosphere which may be hazardous to life and is not designed for normal occupancy by people. The types of confined spaces that may be encountered in the water and wastewater industry include, but are not necessarily limited to, manholes, sewer lines, vaults, pumping stations, wet wells, and storage facilities. Work -Includes repair or maintenance procedures requiring entrance and/or occupation of a confined space. The atmospheric conditions of the space may deteriorate because of or during the work being performed. Inspections -Entry and/or occupation of a confined space for the purpose of observing the condition/operability of the equipment within the faality. C. T es of Hazards: 1. 0 en a. Low oxygen deficiency content is considered dangerous to life and health. b. High oxygen content is explosive when an ignition source is present. 2. Toxic Gases includin but not limited to a. Hydrogen Sulfide (HAS) has the distinctive odor of rotten eggs. HaS is extremely toxic at low concentrations and explosive at high concentrations. b. Sulfur Dioxide (S02) is non-explosive but highly toxic. SAFETY2.MAN: 6/29/94 Page 31 of 39 c. Carbon Dioxide (COa) will not support life at higher concentrations over a long period of exposure. d. Carbon Monoxide (C0) is very toxic and odorless. e. Chlorine (Cla) is extremely toxic, irritating, and life threatening. 3. E losive Gases (includin but nat limited to a. Methane -Explosive at lower concentrations. b. Certain petroleum products -Gasoline and other fuel oils. c. Hydrogen Sulfide - HzS is explosive at high concentrations. d. Natural Gas (NSP, Minnegasco, or other natural gas utility). D. Confined S ace Classifications: 1. Class I -Minimum Potential Hazard Confined spaces where an atmosphere with a dangerous air contamination, oxygen deficiency, or oxygen enrichment is unlikely to develop. a. Entry procedures are: 1) Two people present when entering any class of manhole. i. Class IA -Annual permit authorizing entry is required. This permit is to be used as a checklist. ii. Class S.A and Class IB -All areas of the space must be ventilated with clean air at a rate of six (Fa) or more air changes per hour, or as specified under OSHA regulation 5205.1040 A3a and B4. iu. Class IB - Test atmosphere before entry and continuously monitor atmosphere during entire time of occupancy of space. 2. Class II -Dan Brous But Not Immediate) Life Threatenin Confined spaces where an atmosphere free of dangerous air canta,mination, oxygen deficiency, or oxygen enrichment has been verified. SAFETY2.MAN: 6/29/94 Page 32 of 39 a. A confined space entry permit is required prior to entry. b. Continuous atmospheric monitoring shall be performed prior to entry and during the entire time of occupancy of confined space. c. Mechanical ventilation will be used during entire occupancy of confined space. d. At least two people present when entering confined space, with one person standing outside confined space to give assistance in case of emergency. e. Visual sight and voice Communications shall be maintained between the individual in the confined space area and person or persons standing by. f. The person entering the confined space shall not enter without an approved safety harness on with a safety line attached to a retrieval unit. (The safety line shall be at least 2000 LB test). Also hooked onto the safety harness will be an anti-fall device, QSHA approved. g. In case of an emergency, the standby person shall not enter confined area unless an emergency response team or other trained rescue workers are an site. The standby persons shall not enter the confined area unless they are wearing aself-contained breathing apparatus (SCBA). 3. Class III - Immediately_Dan~erous to Life_and Health Confined spaces where an atmosphere free of dangerous air contamination, oxygen deficiency, ar oxygen enrichment cannot be verified or prevented. Entry will not permitted without proper authorization. a. Approved respiratory protective equipment (SCBA) must be worn by occupants of the space. b. An approved safety belt or harness with an attached line must be worn by all occupants of the confined space. The line shall be secured outside the space and shall be at least X000 LB test. c. At least one person shall stand by outside the confined space ready to give assistance in case of emergency. 1) The standby person shall have approved respiratory equipment (SCBA 15 min. air pac) available for immediate use. SAFETY2.MAN: 6/29/94 Page 33 of S9 2) The standby person may enter the space only after notifying an emergency response team, having a standby person available, and only after donning the required personal protective equipment (SCBA). 3) Visual, voice, or signal line communications shall be maintained between individuals within the confined space and the standby person(s). d. When an entry must be made through a top opening, the following requirements will apply; 1) The safety harness shall be of the type that suspends a erson in the u ri ht osition. 2) An approved hoisting device or other effective means must be used to lift workers out of the space. 3) A confined space entry permit is required prior to entry. e. Hot work is prohibited if the flammability level is 10%a of lower explosive level (LEL) or greater. f. At least ape person trained in first aid (C.P.R.) shall be immediately available whenever respiratory equipment is required. E. Emer encies• If an emergency situation arises, the observe_ r is not,to, enter the confined space exce t as rovided below. In all cases, the observer must: 1. Request assistance immediately from fire department, police, rescue squad, or other maintenance personnel via the radio system or telephone. 2. Return immediately to the confined space and continue ventilation until assistance arrives. ~. Do pat enter the space t0 attempt a rescue W1tllOLlt All Droller UroteCtlye e ui ment includin SCBA And until an observer is present. 4. Attempt rescue using lifelines only from outside the confined s ace until properly equipped assistance arrives. SAFETY2.MAN: 6/29/94 Page 34 of 39 F. Training: Employees are expected to become and remain familiar with the terms of this section. To assist employees in becoming familiar with this section, the City will do the following: 1. Annual training will be given to employees regarding confined space entry. a. Provide copies of the "Confined Space Entry Checklist" to all affected employees. b. A copy of the safety manual will be issued to each employee including "Confined Space Entry." 2. Periodically, supervisors will conduct work-site inspections to assist employees in complying with the policy. G. Compliance: Non-compliance of this policy can result in disciplinary action as per Section VIII of this manual and other applicable sections of the city ordinance. SECTION VIII: DISCIPLINARY ACTIUN A. Disciplinary action may be instituted against any employee who has violated the safety regulations and responsibilities contained in this Safety Manual. The disciplinary measures listed below shall be considered flexible and shall be related directly to the severity of the violation and the conditions of the case. 1. If the violator erred and did not flagrantly violate safety regulations, a verbal warning and re-instruction shall be given the employee in accordance with Article XXI (2) of the City Personnel Policy. 2. If the violator has made a mistake which is dangerous enough or in such poor judgment as to reasonably assume that either negligence or lack of common sense caused the action, a written warning shall be issued to the employee in accordance with Article XXI (2) of the City Personnel Policy, and no oral warning shall be necessary. 3. If the violator behaves in a manner deliberately inconsistent and contrary to safety regulations, suspension, demotion, or termination of employment shall be as defined in the personnel policy manual and/or SAFETY2.MAN: 6/29/94 Page 35 of 39 union contract in accordance with Article XXI (2) of the City Personnel Policy. Under such circumstances, neither an oral or written notice shall be required to take any disciplinary action specified in the personnel policy. SAFETY2.MAN: 6/29/94 Page 36 of 39 DETACH AND RETURN THIS PAGE TQ YQUR SUPERVISOR AFTER YOU HAVE READ AND UNDERSTAND THIS B40KLET. I have read and understand the safety rules set forth in this booklet. I acknowledge receipt of the Monticello Employees Safety Manual. SIGNED DATE SAFETY2.MAN: 6/29/94 Page 37 of 39 MQNTHLY SAFETY CHECKLYST GENERAL AREA a. Aisle, clearance/markin s b. Floor o enin s re wire safe ards c. Railin s stairs tem / erm. d. Ventilation e. Other II. WIRING a. Fra ed/defective whin b. Overloadin circuits c. Machine not ounded d. Hazardous location e. Wall outlets f. Other III. HOUSEKEEPING a. Floors b. Machines c. Break area latrines d. Waste dis osal e. Rodent insect vermin control f. Overall area clean & orderl Ade uate li htin rovided IV. VEHICLES a. Unauthorized use b. 0 eratin defective vehicle c. Reckless/s eedin o eratin d. Failure to obe trafi'ic rules e. Fire extin 'sher installed f. E ui ment & tools secured Other V. TOOLS a. Power tool whin b. Condition of hand tools c. Safe stora e d. Other VI. FIRST AID a. First aid }fits easily accessible b. Contents of first, aid ]fits checked regularl c. Trained first aid ersonnel available d..__Emer~encv tel,e„phone number displaved~ SAFETY2.MAN: 6/29/94 Page 38 of 39 Monthly Safety Checklist Page 2 VII. FIRE PROTECTION a. Fire extin 'shers strate 'call located b. Extin 'shers to ed & ins ected as re aired c. Extin 'shers not obstructed d. Exits clearl marked and not obstructed e. Procedures devised For buildin evacuation VIII. MACHINERY a. Unattended machines operatine _ __ b. Emergency stops not operational c.. Instruction to operated/stop posted ,~ _ _, d. Maint. being performed on machines in operation e. Guar .... ... , ~,._,~._,.,,~,...,.... _ ~ ds in place f. Pinch oints IX. HA7~ARDOUS MATERIAL a. No smokin si s osted where hazardous material is being used or stored _, _, __ b. Oil ra s/flam. waste ke t in a roved sealed containers c. Flaw. liquid kept in covered containers when not in_use , X. MATERIAL STORAGE a. Improper stacking/loading/securing _ ___ b. Im ro er li htin warnin si s ventilation SAFETY2.MAN: 6129/94 Page 39 of 39 ~.~ 4 ~T~~ Brad Fyle noted that either one of the develo ments would"iir~i~e P Hornig development has a slightly higher amenity level. Overall, the value to the City under each proposal is close. Clint Herbst noted he was happy to hear from the neighborhood that the Hornig development is favored. Herbst noted his favor over that plan as well. Patty Olsen noted that the price of the land offered along with the value of the park improvements makes the Shelter offer superior to the Hornig proposal. Fyle noted that over time, the higher taxes paid by Hornig will offset the difference. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize City staff to negotiate a development agreement with Hornig Companies on the sale and development of Outlot A of Country Club Manor. Voting in favor of the motion: Brad Fyle, Clint Herbst, Shirley Anderson. Opposed: Patty Olsen. 9. Consideration of adoration of the City of Monticello Emralovee Safety Manual. John Simola, Public Works Director, reported that in order to comply with _Minnes,ota Rules, Chapter 5206, in regard to Employee Right-To-Know Standards of the Minnesota Workplace Accident and Injury Reduction Act and the Federal Occupational Safety and Health Act; and in order to provide a safe workplace, City staff initiated implementation of a more comprehensive safety program, which includes development of a comprehensive employee safety manual. Simola went on to note the process followed in development of the safety manual, which included input from a safety committee made up of a cross- section of City employees. Clint Herbst noted that the City should be careful not to go overboard on safety procedures so as to reduce efficiency of work. He also indicated his concern regarding the proposal to identify a City employee as a Safety Coordinator. Perhaps it would be better to have each department head simply be responsible for implementing the safety manual. Shirley Anderson concurred that we should avoid appointing a Safety Coordinator. The work of implementing the manual should be up to each department head- Page 5 Council Minutes -4/25/94 After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table adoption of the safety manual pending adjustments to the manual that would streamline certain rules and reorganize organization and implementation of the manual by eliminating the role of the Safety Coordinator and by giving Safety Coordinator duties to department heads. Motion carried unanimously. 1Q. Consideration of re lacin emer enc enerator transfer switch at the Cit s under ound water reservoir in the industrial ark. John 5imola, Public Works Director, reported that during a monthly operational test the transfer switch in the reservoir building failed and needs to be replaced. The City currently has one quote from Olsan Electric for a heavy duty T-Geneva bolt switch. The Olson Electric quote is $3,9$0 for parts and labor. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to request that the City purchase the emergency transfer switch and seek two quotes for the labor to install the switch. Staff is authorized to proceed utilitizing the company that provides the lowest cost for labor. Motion carried unanimously. 11. Consideration of Arbor Dav t~roclamation and ob,seryance_for Friday. A ril 29 1994. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to proclaim Friday, April 29, 1994, as Arbor Day. Motion carried unanimously. 12. Consideration of setting a workshop for the_.purpose of reviewing City staffing needs and discussing, City priorities. Rick Wolfsteller, City Administrator, requested that the City Council establish a date for a workshop with staff members to discuss future staffing needs and haw staffing relates to goals and priorities that the City Council would like to see established. After a recent staff meeting, it became very apparent that there are a number of staffing deficiencies that currently exist within various departments. Wolfsteller stated that it would be beneficial for the City department heads and staff to meet with the City Council in an informal session so that everyone is aware of the problems we are experiencing keeping up with the worl~load due to our community's growth and expansion. Page 6 Council Minutes - fi/27/94 lq. Review of feasibilit stud far reconstruction of 7th Street between Pine Street and Cedar Street authorization to re are laps ands ecifications and hold public hearing on improvements. After discussion, a motion was made by Warren Smith and seconded by Clint Herbst to approve the feasibility study and order plans and specifications and order public hearing on said improvement. Motion carried unanimously. 11. Review of feasibilit stud for reali ent of Cedar Street at Oakwood Drive and consideration of orderin lans ands ecifications. John Simola, Public Works Dirrector, reported that the feasibility study for realignment of Cedar Street at Oakwood Drive has been completed. The estimated construction cost is $1q,61q. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to order plans and specifications for realignment of Cedar Street at Oakwood Drive. Motion carried unanimously. 12. Consideration of ado tian of Cit of Monticello Em to ee Safe Manual. John Simola, Public Works Director, reported that as per Council's wishes, the safety committee has revised the manual to make each department head responsible for training and implementation of the safety program for those people directly under their supervision. The safety committee has also reviewed some of the comments made by Council concerning refueling of small equipment and wearing of hard hats and did make same slight changes to the safety manual in that regard. Simala went on to note that the revised safety manual would be a step forward in bringing us Glaser to compliance with state statutes; however, the program, in order to be in full compliance, must be implemented. City staff feels that without a coordinator to tie all the programs and information together regarding the safety manual and state statutes, the program may not be as effective. Therefore, City staff recommends adoption of the original safety manual and appoint an existing employee as the safety coordinator to tie the program together. The City Council was nat convinced that it was necessary to appoint a safety coordinator and that department heads should be able to effectively implement the program once it's in place. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to adopt the safety manual in its revised form making Page 6 Council Minutes - 6/27/94 each department head responsible for the implementation of the safety program and training of the individuals under their direct supervision. Motion carried unanimously. SEE RESOLUTION 94-20. 13. Consideration of a royal of bills for the month of June. Shirley Anderson asked far a clarification on the cellular phone charges. Rick Wolfsteller noted that it appeared that the billing report showed a duplicate bill. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to approve the bills as submitted subject to the City Administrator checking an the cellular phone charge duplicate bill. Motion carried unanimously. 14. Other matters. A. Assistant Administrator O'Neill informed City Council that Taylor Land Surveyors requests that the final plat of the second phase of the Cardinal Hills subdivision be amended to show the presence of a power line easement along the southern boundary of the plat. Designation of this easement an the plat was inadvertently left out of the original plat. According to state statutes, the City Council needs to approve this housekeeping change in order for it to be placed directly on the plat. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to amend the final plat of Cardinal Hills, phase II, by allowing designation of the presence of a power line easement along the southern tier of lots to be placed an the final plat. Motion carried unanimously. B. Rick Wolfsteller, City Administrator, reported that the City has obtained $9,500 for civil defense related items. Items that qualify include plain paper fax machines, copy machines, and computer upgrades. Wolfsteller noted that current equipment needs slightly exceed the amount funded and requested authorization to spend approximately $1,400 more than the $9,500 received through the civil defense grant. It was the consensus of Council to authorize purchases as reviewed by Wolfsteller. Page 7 SAFETY TRAIN, INC. (safetytrainsue(a7embargmail.com) Susan Pearson 763-428-2297 SNOW PHONE 763-421-6702 (to cancel class) 13005 Main Street Fx: 763-428-2298 Rogers, MN 55374 2408 Class Schedule MONTICELLO April 15th 10:00 CPR-3 hr. Required every other year. Apri122nd 10:00 Bloodborne Pathogens 12:30Bloodborne Pathagens Required for chainsa~vers, 2 per building, and confined space attendants May 6th- 10:00-Em. Evac and Fire 2:30-Etn. Evac and Fire Fire Required every year May 20`h- 10:D0-Cl and Haz. Aware- 12:30 CI and Haz. Aware. Required every year June 3~ - 10:00-Right to Know-HANDS ON -for employees that have already had previous Right to Know classes. 12:30-Right to Know June 10th CLASS1a~S-- 10:(10 Right to Know, PPE and EE and Fire for NEW EMPLOYEES ONLY Required August 14"'-10:00 LOTO-, 11:30 LOTO, 1:00 LOTO, and 2:30-LOTO August2lst-1D:(10 Trenching-required 12:30 Trenching September 9` -10:00 Cant"ined Space-required 1.2:30 Confined Space Sept. 23~d-10:D0 Overhead Crane 1 2:30 Overhead Crane October 14`h 10:D0 Chainsaw Required 12:30 Chaiinsaw Novenn~ber 11-10:00 Respiratory Safety-required for those „~ho use IZesp. 12:30 Respiratory December 2" -10:00 First Aid required every 3` year fir chainsawers, and Confined space attendants, and 2 in earn building SAFETY TRAIN, INC. (E-Mail; safetytrainincna,gma,il.com) (l~lome: safetytraininc.com) for thss months classes Cep 763-807=7306 or home 763-421-6702 (to cancel class) Susan Pearson 7G3~428-2297 13005 Main Street Fz: 763-428-2298 Rogers, MN SS374iuc February 19, 2008 Mr. John Simola Director of Public Works 909 Golf Course Road Monticello, MN SS362 Re: Contract Proposal Dear John, After meeting with you, I have prepared proposed "Hands ON" class Diagrams and estimated the extra hours involved. In accordance with our meeting, I have proposed changes that provides more direct hands on training for all public works employees. I have enclosed the new proposal for your review. As you can see, I will attempt to co-ordinate the hands on training for employees that have already had class certification. I will do this by dividing the class into smaller groups for the hands on training, and still keep any required class time to insure OSHA compliance. Enclosed please find the new proposed schedule I kept the class fees the same ,and included fees for the hands on training at $80/hr. I estimated an additional 15 hours on hands on training. CPR and First Aid will each remain a 3 hour class. LOTO will be divided into 4 classes of one hour each, two classes in the a.m. and two in the p.m. All of the remaining classes will be divided into 2 sessions of 1 to 1-1/2 hours each. I will charge your city the same base rate for training ($3795) plus $1200 For the extra hands on time and classes needed. This brings the total cost to $4995. I will also be performing a walk through (included in the base charge). Of course, if you wish additional instructian, I will be glad to further modify my classes to fully meet the requirements of the city and insure the safety of your staff. If we run over the scheduled time, additional haurs will be billed at $80/hr. If you have any additional preferences or ideas, please call. Since~ely. Susan Pearson SAFETY TRAIN, INC. SUPPORTING DATA HAZARD COMMUNICATION MUNTICF,LLU BLOODBORNE PATHOGENS ~~~ ~~ M+~n~-ric~~~.o LOCKOUT/TAGOUT EMERGENCY EVACUATION FIRE PREVENTION snFErir MANUAL CONFINED SPACE ENTRY WELDING SAFETY PERSONAL PROTECTION EQUIPMENT ERGONOMIC PLAN TREE TRIMMING, STREET LIGHT MAINTENANCE, FALL PROTECTION VEHICLE OPERATION SAFETY, MOWERS VIOLENCE PREVENTION RESPIRATORY SAFETY BLANK FORMS Council Agenda - 03/24/2008 15. Consideration of renewal of contract with the Elk River Landfill for dis osal of mixed rnunici al solid waste from the Ci of Monticello. (J.S.) A. BACKGROUND INFORMATION: The City of Monticello has had a contract with Elk River Landfill for disposal of our garbage ever since the Wright County Compost Facility closed several years ago. We contract separately for our waste collection and hauling with Veolia. By doing this we feel we have one of the best rates for hauling and disposal of garbage in the area. Our current 3-year contract with Elk River Landfill (i.e., Waste Management of Minnesota, Inc.) expires on April 1, 2008. Our current disposal. price per ton is $39.53 which includes taxes and surcharges put on by the city of Elk River, the county, the MN Landfill Cleanup Fee, and applicable state landfill cleanup fee on disposal of mixed municipal solid waste. These taxes and fees currently total $10.99. This makes the portion going to the landfill or Waste Management $28.58 per ton. Our contract increases in the past have had between $0.94 to $1.00/tan added each year as an escalator cost for the tipping fee. I have been able to negotiate the annual increase to just $0.50 per year for the next three years. This increase would bring our total tipping fee at the landfill to $40.03/ton for 2008, $40.53/ton for 2009, and $41.03 for 2010. The contract would expire on April 1, 2011. The approximate annual value of the contract, including all surcharges and taxes, is $190,644.74/the first year (Apr 1, 2008 -Apr 1, 2009). The actual cost, of course, is based upon the number of tons generated by the City of Monticello and being deposited. in the Elk River Landfill. a. Budget Impact: The budget impact for 2008, based upon a $0.50 increase on April lsi, is $1,880.56 through the end of the year. I assumed a dollar increase for 2008; therefore, we should have a surplus in the 2008 Refuse Budget. h. Staff Workload Impact: The impact to staff workload was minimal other than the signing of the contract and sending acknowledgement, this contract renewal or extension involved minimal time from the Public Works Director. B. ALTERNATIVES: 1. The .first alternative would be to authorize athree-year extension or renewal of the contract with Elk River Landfill (i.e., Waste Management of Minnesota, Inc.) for an increase of $O.SO/year over the next three years to our landfilling costs. 2. The second alternative would be not to authorize the agreement with Elk River Landfill but to make additional attempts to negotiate the contract further for a lower price. 3. The third alternative would be not to enter into an agreement with Elk River Landfill but to look for other passible disposal sites for our mixed municipal solid waste. Council Meeting - 03/.24/2008 C. STAFF RECOMMENDATION: It is a staff recommendation that the City Council approve the three year contract extension with Elk River Landfill (i.e., Waste Management of Minnesota, Inc.) based upon an increase of $0.50/year over the next three years as outlined in Alternative A. This represents a very gaad value for the City of Monticello which will allow us to keep our rates low and competitive. D. SUPPORTING DATA: Copy of current contract with Elk River Landfill, including the last addendum; Capy of the proposed landfill disposal agreement addendum. SUPPORTING ADDENDUM FROM 2005 LANDFILL DISPOSAL AGREEMENT ADDENDUM This addendum per article I2(b} Amendment will act as a modification to the agreement between The City ofMonticello and Waste Management of Minnesota, Inc. Elk River Landfill dated March 27, 2002 and signed March 28, 2002. The term listed in article 2 will be amended to an initial period of April I, 2005 tlu'ough March 3I, 2008, The disposal price listed in article 3 will be amended to increase by $I,00 per ton on April I, 2005, $1.00 per tan on April I, 2006 and $1.00 per ton on Apri11, 2007, C MONTICELLO r Its: i~ tf~-9 Ta ~ Date: ~~ WASTE {MANAGEMENT OF MN, INC By: ~J~~ G ~Cr.~ ~--e~t..dr ,~..,,.. Its; ` f~ . Q r1 c~ Date: ~^ l ' ~ J~ '+ +r np ..~fiar „~.y,~Ln w...+Lvr ~'nw ~eliw~. 'G y~INi.mn•n~! ba..4` r LANDFILL DISPOSAL AGREEMENT a`^ F ~ ~ ~ ~ Jrr m. ~:~..,~n. N ..M, .~aN.~ ...oww e•ua., wnr. THIS LANDFILL DISFOSAL AGREEMENT ("Agreement") is made this 27th day of March, 2002, by and among Elk River Landfill, Inc., a Minnesota Corporation ("Elk River"), and The City ofMonticello ("Generator"). WITNESSETH: WHEREAS, Elk River operates a sanitary landfill knows as Elk River i .andfill, Inc., located in Sherburne County, Minnesota (which, with any improvements, modifications, expansions, relocations, or other changes, is known for purposes of this Agreement as the "Landfill"); WHEREAS, Generator, on its own behalf, desires to secure the disposal rights as set forth herein by agreeing to dispose of Solid Waste (as defined) at the Landfill; NOW, THEREFORE, in consideration of the mutual benefits to be derived from the Agreement and of the representations, warranties, covenants, conditions and provisions hereinafter set forth, the parties hereto hereby agree as follows: 1.) Disposal Rights. Generator shall dispose of Solid Waste (as defined) at the Landfill. The tenor "Solid Waste" means any and all garbage or refuse collected by the Generator at its recycling center located in Pine River, Minnesota ("Facilit}~')> but shall not include (i) infectious waste, (ii) hazardous waste, (iii) garbage, refuse or rubbish which is required by any governmental authority or by its general nature to be handled or disposed ofother than in accordance with the Landfill's normal disposal and operating procedures, ar (iv) waste material which does pat strictly conform to the description ofwaste materials which the Landfill is permitted to dispose of under itsthen- existingpermits. Elk River, in its sole discretion, shall have the right to reject any material it believes does not conform to the definition "Solid Waste". The term "Hazardous Waste" means waste listed or characterized as "hazardous" by the United States Environmental Protection Agency or the Minnesota Pollution Control Agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, including future amendments thereto, and applicable laws of the State of Minnesota, as amended from time to time, excluding minimal quantities of such material typically found in municipal and household refuse which are pernussible for disposal in the Landfill under applicable laws and all presently existing governmental licenses, permits and approvals required for the operation of the Landfill as currently operated. 2.) Term. The term of this Agreement shall be for an initial period of three (3) years from April 1, 2002 through March 31, 2005, unless sooner terminated pursuant to Section 11 or 12 hereof (the "Term"). 3.) Disposal Price. Asper Elk River's proposal to the Generator received March 1, 2002, and approved by the City Council vn March 11, 2002, the price for disposal of Solid Waste effective Apri11, 2002 shall be $34.21 per ton including all taxes, surcharges and fees, except sales tax and special waste assessment (disposal price). The disposal price, excluding taxes, surcharges and fees (base cost) shall increase a maximum of $0.94 per ton an April 1, 2003, and an additional maximum of $0.98 per ton on April l , 2004. For disposal of materials from the Generator's annual city clean up day, the rates shown in Appendix A shall be charged. (Disposal price will change as above). C:\967H\WORDPRCCWOHN\AGREEMTS\LANDFILL.AGR: 03127!02 - PAGE ~ OF ~ O- (a) Taxes and Surcharges. Currently Elk River pays the following taxes and surcharges on Generator's wastes: Elk River City surcharge of $3.33 per ton, Sherburne County surcharge of $0.60 per tan, and Minnesota Landfill Cleanup fee of $6.66 per ton. After thirty (30) days prior notice to Generator, the disposal price shall be adjusted by any change in or addition to these taxes and surcharges required to be paid by Elk River. (b) Extraordinary Levies. Notwithstandingony other provision to the contrary contained herein, in the event that during the Term of this Agreement, there is levied upon Elk River or upon the operations of the Landfill, any extraordinary tax, assessment or charge by any governmental authority or substantial change in regulatoryrequirements related to the operation of Landfill or the waste disposal business and having general applicability to a category of sanitary landfills or the waste disposal business which includes the Landfill (but not related to any action, omission or condition afthe Landfill), which tax, assessment or charge increases in a material manner the Landfill's annual cost to operate the Landfill aver the cost of operations of the Landfill for the immediately preceding calendar year, such amounts, in proportion to Generator's usage of Landfill, shall be added to the disposal price as negotiated by Generator and Landfill. 4.) P,--ate. Elk River shall send Generator a statement of charges monthly. Generator agrees to pay such charges due and owing hereunder to Elk River an or before the 15th day fallowing the date of receipt of a statement of charges. Without limitation, amounts outstanding from Generator to Elk River far more than thirty (30) days shall accrue an immediately payable service charge at the rate of eighteen percent (1$%) per annum, commencing with the date of receipt of the original invoice. 5.) Title and Indemni . (a) Title to the Solid Waste shall pass to Elk River at the time the material is unloaded at the Landfill, and all risk and responsibility fox such Solid Waste shall thereafter rest with Elk River. Title to material which does not conform to the definition of Solid Waste shall remain with Generator and shall not be deemed to pass to Elk River. (b) Generator shall indemnify and hold harmless Elk River and all its Affiliates, and their respective officers, directors and employees, from and against all liabilities, expenses (including, but not limited ta, reasonable attorneys' fees and expenses of investigation and litigation), claims and damages any such person ar entitymay at anytime suffer or sustain or become liable forbyreason of any accidents, damages or injuries, including, without limitation, injuries resulting in death, either to persons or property, real or personal, or bath, of Generator, Elk River, Affiliates of Elk River, or the employees of any such party, ar to any other persons, in any manner caused by or resulting from the negligence, gross negligence, or willful act ar omission of Generator, or any employees ar agents of any such entities, or resulting from the breach of, misrepresentation in, untruth in or inaccuracy in anyrepresentation, warranty ar covenant of Generator set forth in this Agreement. (c) Generator understands and agrees that the obligations set Earth in this Section 5 shall survive the performance and termination ofthis Agreement. (d) Elk River shall indemnify and hold harmless Generator and its respective officers, directors and employees, from and against all liabilities, expenses (including, but not limited to, reasonable attorneys' fees and expenses of investigation and litigation), claims and damages which any such person ar entitymay at C:~BETHIWORDPROCVCHNWGREEMTSILANDFILL.AGR: 03127102 - PAGE Z OF ~ O- anytime suffer or sustain orbecarne liable forbyreason of any accidents, damages ar injuries, including, without limitation, injuries resulting in death, either to persons or property, real or personal, ar bath, of Generator, Affiliates afGenerator, Elk River, Affiliates of Elk River, or the employees or agents ofany such party, or to any otherpersons, in any manner caused by ar resulting from the negligence, gross negligence, or willful act or omission of Elk River, Affiliates of Elk River, or any employees or agents of any such entities, ar resulting from the breach of, misrepresentation in, untruth in or inaccuracy in any representation, warranty or covenant of Elk River set Earth in this Agreement. (e) Elk River understands and agrees that the obligations set forth in this Section 5 shall survive the performance and termination of this Agreement. 6.) Insurance. (a) At all times during the term of this Agreement; Generator shall keep in force and effect workers' compensation and general liability insurance either with a reputable insurance company or through a state approved self-insurance program in the amount required by law fox workers' compensation and in an amount of Twa Hundred Thousand Dollars ($200,000) when the claim is for death by wrongful actor omission; Six Hundred Thousand Dollars ($600,000) for any number of claims arising out of a single occurrence; and One Hundred Thousand Dollars ($100,000) with respect to damage to property. Generator shall provide Elk River upon request, certificates or other evidence of such insurance and shall cause any such insurer to notify Elk River at least thirty (30) days prior to the cancellation of any such insurance. (b) At all times during the term of this Agreement, Elk River and Affiliates of Elk River, and any subcontractors of Elk River performing any services or obligations of Elk River hereunder, shall keep in force and effect workers' compensation and general liability insurance either with a reputable insurance company or through a state approved self-insurance program in the amount required by law for workers' compensation and in an amount of One Million Dollars $1,000,000) with respect to injury or death to more than one person in any one accident or other occurrence; and One Hundred Thousand Dollars ($100,000) with respect to damage to property. Elk River shall provide Generator upon request, certificates or other evidence of such insurance and shall notify Generator at least thirty (30) days prior to the cancellation of any such insurance. 7.) Unacc table Waste. If Generator releases from its Facility anymaterial which does not confornn to the definition of Solid Waste under this Agreement or to the requirements of any applicable governmental law, regulation, rule or order, and ifElk River notifies Generator ofthe receipt of such nonconforming materials, Generator shall then promptly make available to the Landfill a vehicle suitable for transporting such nonconforming material, and Generator shall promptly remove such nonconforming material from the Landfill in each case at Generator's sole expense. 8.) Representationsand Warranties ofE1k River. As amaterial inducement to Generator to enter into this Agreement, Elk River represents and warrants as follows and agrees that the following representations and warranties shall survive the execution, delivery, performance and termination of this Agreement. CaBETH1WORDPRDCl10HN1AGREEMTSILANOFILL.AGR: 03127102 'PAGE 3 ~F ~~" (a) Elk River is duly organized, validly existing and in good standing under the laws of the state of Minnesota, it has all right, power and authority to own and operate the Landfill and to carry on its business as now conducted and as contemplated by this Agreement, and it has all requisite power and authority to execute and perform this Agreement. (b) The execution, delivery and performance of this Agreement has been approved and authorized by all necessary corporate actions of Elk River. This Agreement constitutes a legal, valid and binding obligation of Elk River, enforceable in accordance with its terms. (c) The Execution, delivery and performance ofthis Agreement will not constitute a violation arbreach of the articles of incorporation or bylaws of Elk River, or of any provision of any contract, permit, license or other instrument to which Elk River is a party or by which Elk River or any of its assets (including the Landfill) are bound, or any order, writ, injunction, decree, statute, rule or regulation to which Elk River or any of its assets (including the Landfill) are subject. (d) Elk River shall immediately inform Generator in the even that any representation in this Section 8 ceases to be true and correct far whatever reason. 9.) Representations and Warranties of Generator. As a material inducement to Elk River to enter into this Agreement, Generator represents and warrants as follows and agrees that the following representations and warranties shall survive the execution, delivery, performance and termination of the Agreement: (a) Generator is duly organized, validly existing and in good standing under the laws of the State of Minnesota, it has all right, power and authority to carry on its business as now conducted and as contemplated by this Agreement, and it has all requisite power and authority to execute and perform this Agreement. (b) The execution, delivery and performance of this Agreement has been approved and authorized by all necessary actions of Generator. This Agreement constitutes a legal, valid and binding obligation of Generator, enforceable in accordance with its terms. (c) The execution, delivery and performance ofthis Agreement will not constitute a violation arbreach ofthe articles of incorporation or bylaws of Generator, or of any provision of any contract, permit, license or other instrument to which Generator is a party or by which Generator or any of its assets are bound, or any order, writ, injunction, decree, statute, rule or regulation to which Generator or any of its assets are subject. (d) Generator shall immediately inform Elk River in the event that any representations inthis Section 9 ceases to be true and correct for whatever reason. 1 p.) Covenants. The parties hereby covenant as follows: (a) At all times during the Term afthis Agreement, Elk River shall cause the Landfill to be operated in material compliance with all required federal, state, and local licenses, permits and approvals and all federal, state and local laws, ordinances, requirements, orders, directives, rules and regulations and all material agreements relating to any of the foregoing to which it is a party of by which the Landfill is affected. C:\BETH\WORDPROCWOHNWGREEMTS\LANDFILL.AGR: 03127!02 "PAGE 4 dF ~ ~- (b) Elk River shall at all times during the Term of this Agreement cause the Landfill to be open for operation and acceptance of Solid Waste from Generator from 7:00 a.m. to S :00 p.m., Monday through Friday, and from 8:00 a.m. to 3 :00 p.m, on Saturday, provided, however, that during the Term of this Agreement, the Landfill shall not be open for such operation and acceptance of waste on anyNew Year's Day, Thanksgiving, Christmas Day, Memorial Day, Labor Day or the Fourth ofJuly, further provided that ifthe approved operating hours at the Landfill shall be expanded or restricted (except, in the case of a restriction, due to the violation by Elk River of a term or condition of anypresently existing federal, state or local license, permit, approval or any federal, state or local law, ordinance, requirement, order, directive, rule or regulation), then Elk River shall cause the Landfill to be open far operation and acceptance of Solid Waste from Generator during such expanded or reduced hours. (c) If Elk River shall be required to close the Landfill for any reason, it will use goad Faith efforts to give Generator notice of such closing at least ninety (90) days prior to the date thereof; provided, however, that compliance with this provision shall not operate to relieve Elk River of liability for its failure to perform its duties or for the breach of its other covenants under this Agreement, unless such failure ofperformance is the result of any act of God, flood, fire, explosion, storm, strike, lockout, war, insurrection, riot, unauthorized work stoppage of Elk River's employees, or interruption of Elk River's normal operations at the Landfill (other than due in whole or in part to adverse economic circumstances by Elk River) over which Elk River has no control. (d) Generator has been collecting and agrees to continue to collect and pay to proper authorities any and all generator assessments, sales tax or similar fees imposed on collection of Solid Waste. Generator shall provide Elk River with tax exemption certificates or other evidence ofpayment of these fees in a farm acceptable to Elk River. 11.) Termination. (a) Termination b Generator. Generator shall have the right to temunate this Agreement in the event of any of the fallowing: (1) The material breach by Elk River of any of the terms, conditions or provisions of this Agreement, which breach is not cured within thirty (30) days afternatice from Generator of same is given to Elk River; provided, however, that if the nature of the breach is such that more than thirty (30) days are required for its cure, then Generator shall not be entitled to terminate this Agreement with respect to such breach if Elk River commences said cure within such thirty (30) dayperiod and thereafter diligently prosecutes same to completion; (2) The commencement ofany voluntary or involuntarybankruptcy or insolvencyproceedings against Generator, or if reorganization proceedings are sought against Generator under any state or federal debtor relief statute; provided that any such proceedings are not dismissed within one hundred twenty (120) days after being instituted; or (3) If any federal, state or local authority should take any action (other than due to the violation by Generator or anypresently existing federal, state or local license, permit ar approval or any presently existing federal, state or local law, ordinance, requirement, order directive, rule or regulation) which results in the illegality or impossibility of the performance by C:\BETWIWORDPROCUGHNWGREEMT5\LANDFILL.AGR: 03!27!02 'PAGE 5 OF ~ ~- Generator of their rights or obligations as provided herein. (4) In the event there is imposed on the disposal of waste at the landfill, a tax or surcharge not imposed on other Minnesota landfills in excess of $10A0 per tan. (b) Termination b Elk River. Elk River shall have the right to terminate this Agreement in the event of any of the following: (1) The material breach by Generator of any of the terms conditions or provisions of this Agreement, which breach is not cured within thirty (30) days after native from Elk River of same is given to Generator; provided, however, that if the nature of said breach is such that more than thirty (30) days are required far its cure, then Elk River shall not be entitled to ternnate this Agreement with respect to such breach if Generator commences said cure within such thirty (30) dayperiod and thereafter diligentlyprosecutes same to completion, further provided that, in any event, Elk River shall have the right to terminate this Agreement upon the material breach by Generator of any of its payment obligations under this Agreement, whichbreach is not cured within fifteen (15) days afternotice from Elk River of same; (2) Tf any federal, state or local authority should take any action (other than due to the violation by Elk River of any presently existing federal, state or local license, permit or approval or anypresently existing federal, state or local law, ordinance, requirement, order, directive, rule or regulation) which results in the illegality of the implementation by Elk River of their rights or obligations as provided herein. (3) Elk River shall have the right, in addition to any other remedies it may have a right to pursue during any notice period in this Section 11(b) to accept Solid Waste onlyupon payment ofthe disposal fee in cash in advance ifprevious moneys due from the Generator are more than thirty (30) days past due. (c) Effect of Termination. Termination of this Agreement shall not result in the termination of any obligation of any party hereunder that has accrued at the time of termination, and in no event shall the termination afthis Agreement operate to excuse any obligation of anypart far breach of a representation or warranty under this Agreement for failure to perform under the indemnity provisions of this Agreement, all of which provisions shall survive any termination of the Agreement by any party hereto. 12.) Miscellaneous. (a) Waiver. Anyparty may waive anyportion or portions ofhis,her, or its rights hereunder without affecting the balance of this Agreement, but no waiver or modification of the terms hereof shall be valid unless in writing signed by the party to be charged and only to the extent therein set forth. (b) Amendment. This agreement shall not be modified or amended except by a writing executed by the party against wham the modified or amended term ar provision is sought to be enforced. Any failure C:IBETH\WORDPROCl1OHN\AGREEMTS\LANDFILL.AOR: 03127!02 - PAGE B Off' ~ O- on the part of any party to this Agreement at any time to require the performance by any other party of any term or provision hereof even if known, shall in no way affect the right thereafter to enforce the same (except that no party may enforce any rights arising from a breach ofthis Agreement, which breach has been cured), nor shall it be taken or held to be a waiver or any succeeding breach. C:\BETH\WORDPROCU4MNWGREEMT5lLANOFILL.AGR: 03127102 - PAGE ~ OF ~ O- (c) Notices. All notices, requests, demands and other communications by either party to the other shall be in writing and may either (i) delivered personally to the individual set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, ar (iii) delivered by facsimile transmission to the number below: To Contractor: Elk River Landfill, Inc. Attn: Debra Dehn 22460 Highway 169 Northwest Elk River, Minnesota 55330 Fax: (763) 441-2025 With a copy ta: Waste Management, Inc. General Counsel 1001 Fannin, Suite 4000 Houston, Texas 77002 Fax; (713) 209T9711 To Generator: City of Monticello Attn: John Simola Fublic Works Director 909 Galf Course Road Monticello, Minnesota 55362 Fax: (763) 271-3272 With a copy to: City of Monticello Attn: Rick Wolfsteller City Administrator 505 Walnut Street, Suite #1 Monticello, Minnesota 55362 Fax: (763) 295-4404 or to such other address, and to the attention of such other person or officer, as either party may designate in writing by notice duly given pursuant to this Section 12(c). Notices shall be deemed delivered and effective when (i) delivered in person, (ii) three business days after being placed in the U. S. Mail, properly addressed, with sufficient postage, or (iii) received by facsimile transmission during the normal business C:\BETH\WORDPROCUGHNIAGREEMTS\LANDFILL.AGR: 03127/02 PAGE S OF 1O' hours of the recipient, all pursuant to this Section 12(c). C:\BETH\WORDPROCWOHNl4GREEMTS\LANDFILL.AGR: 03127!02 -PAGE 9 pF ~0' (d) Ass ui~, This Agreement shall be binding on and shall endure to the benefit of the authorized successors and assigns of the parties. Generator shall have the right to assign its rights and obligations hereunder without he consent of Elk River to any affiliate of Generator, Elk River shall be entitled to assign its rights and obligations hereunder, without the consent of Generator, to any Affiliate of Elk River. Written consent from the Other Party shall be required for Either Party to assign its rights to a third party. ELK RIVER LANDFILL, INC. By: Its: CITY OF MONTICELLO By: Date: Date: Roger Belsaas The Honorable Mayor CaBETH1WORDPRpGl10HN~P.GREEMTSILANOFILL.AGR~ 03!27102 PAG~ ~ 0 ~F ~ Q" SUPPORTING DATA PROPOSED ADDENDUM LANDFILL DISPOSAL AGREEMENT ADDENDUM This addendum per article I2(b) Amendment will act as a modification to the agreement between The City of Monticello and Waste Management of Minnesota, Inc. Elk River Landfill dated March 27, 2002, signed March 28, 2002, and amended and signed on March 29, 2005 and April 4, 2005. T'he term listed in article 2 will be amended to an initial period of April 1, 2008 through March 31, 2011. The disposal price listed in article 3 will be amended to increase by $.SO per ton nn April 1, 2008, $.50 per ton on April 1, 2009 and $.50 per ton on April 1, 2010. CITY OF MONTICELLO WASTE MANAGEMENT OF MN, INC By: Its: By: Its: Date: Date; This item is requested to be added on to the agenda on Monday night. A. REFERENCE AND BACKGROUND: At a previous meeting the Council. passed a resolution allowing the Mayor and Finance Director to proceed with the bond sale providing the bond market environment could provide an interest rate that would allow the $300,000+ savings that the refinancing of the sewer bonds would generate. Apparently the market has steadied and the City's financial consultant did proceed with the bond issuance. The Finance Director is out of the office ill and Todd Hagen from Ehler's was out of the office today as well. They will both be available Monday night to provide the particulars on the bond sale and answer any questions the Council may have. Attached is a resolution that Ehlers & Associates recommends the Council approve. City of Monticello, Minnesota Results of Bond Sale ~. e ~.. March 24, 2008 $9,270,000 General Obligation Sewer Revenue Refunding Bonds, Series 2008A Low Bidder Banc of America Public Capital Corp Tmy, Michigan True Interest Cost 3.4000% Number of Bids Negotiated Rating Moody's afl7rms "A2" Range of Bids Negotiated Total Debt Service Parameters 3/XO Results of Sale Variance Principal Amount $9,385,000 $9,270,000 -$I I5,000 Discount Allowance $93,850 $-0- -$93,850 Cost of Issuance $45,000 $4I,I50 -$3,$50 Refunding Requirement $9,246, I50 $9,2,28,850 -$ I7,300 True Interest Cost 3.40% 3.40% Unchanged Net PV Benefit ,2.50% z.83% -.33% Comparative Savings $300,OOD $342,$49 +$42,869 Bond Buyer Index S.I I% 4.88% -.23% Closing Date April I7, 2008 Council Action Adopt "Resolution Awarding the Sale of $9,270,000 General Obligation Sewer Revenue Refunding Bonds, Series 2008A" Note: The size if the bond issue changed from the projected amount due to a reduction in underwriter's discount, cost of issuance and refunding requirement. Attachments ^ Final Debt Service and Comparative Analysis ^ Graph, Band Market ~ ~ ~~ ^ Bond Resolution (on file with City Monticello, MN Proposed Current Refunding of $14,700,000 Clean Water Revolving Fund Loan (MPFA), Series 1997 Table of Contents Re rt Prior Ori final Debt Service 1 Debt Service Schedule 2 Sources & Uses 3 Debt Service Comparison 4 Current Refunding Escrow 5 07 cur ref of Ser 97 $14. ~ SINGLE PURPOSE ~ 3/18!2008 ~ 1:10 PM • A ~ ~ Monticello, MN $14,7pp,ppp Clean Water Revolving Fund Loan (MPFA), Series 1997 Prior Original Debt Service Date Princi al Cou n Interest Total P+I Fiscal Total 02/20/2008 - - - - 08/20/2008 354,107.53 4.080 % 187, 038.71 541,148.24 541,146.24 02/20/2009 361,331.43 4.080% 179,814.91 541,146.34 - 08/20/2009 368,702.59 4.080% 172,443.75 541,146.34 1,082,292.68 02/20/2010 376,224.12 4.080% 164,922.22 541,146.34 - 08/20/2010 383,899.09 4.080% 157,247.25 _.. . 541,146.34 1,082,292.68 .................................................. 02/20/2D11 391,730.83 ............................................... 4.080% 149,415.71 541,146.34 - 0$/2D/2011 399,721.94 4.080% 141,424.40 541,146.34 1,0$2,292.68 02/20/2012 407,$76.27 4.080% 133,270.07 541,146.34 - 08/20/2012 416,196.94 4.080% 124,949.40 541,146.34 1,082,292.8$ 02!20/2013 424,687.36 4.0$0% 118,45$.98 541,146.34 - 08/20/2013 433,350.98 4.080% 107,795.36 541,146,34 1,082,292.68 02/20/2014 442,191.34 4.0$0% 98,955.00 541,146.34 - OS/20/2014 451,212.04 4.08D°/a 89,934.30 541,146.34 1,082,292.68 02/20/2015 48D,418.77 4.080% 80,729.57 541,146.34 - 08/20/2015 489,$09.27 4.080% 71,337.07 541,146.34 1,0$2,292.68 02/20/2016 479,393.38 4,080% 61,752.96 541,146.34 - 08/20/2016 489,173.01 4.D80% 51,973.33 _. .. 541,146.34 _ 1,082,292.6$ 02/2D/2017 499,152.14 4.080% 41,994.20 541,146.34 - 0$/20/2017 509,334.$4 4.080°/a 31,811.50 541,146.34 1,0$2,292.68 02/20/2018 519,725.27 4.080% 21,421.07 541,146.34 - 08/20/2018 530,327.20 4.080% 1D,818.87 541,145.87 1,082,292.21 Total $9,16$,564.14 - 52,195,508.43 511,384,072.57 - Yield Statistics Base date for Av .Life & Avg. Coupon Calculation 4/17/2008 Average Life 5.711 Years Average Coupon 4.0800000% Weighted Average Maturity (Par Basis) 5.711 Years Refundln bond Information Refunding Dated Date ~ 4/17/200$ Refunding Delivery Date ~. 4/17/2008 Sar 97 $14.7M MPFA Loan p ~ SINGLE PURPOSE ~ 3/19/2008 ~ 1:14 PM • ~ ~ r ~ '~~ Monticello, MN Proposed Current Refunding of $14,700,000 Clean Water Revolving Fund Loan (MPFA), Series 1997 Debt Service Schedule Date Princi al Cou an Interest Total P+I Fiscal Total ~ 04/17/2008 - - - - - 08/01/2006 440,000.00 3.400% 91,052.00 531,052.00 - 08l20/2008 - - - - 531,052.00 02/01!2009 374,000.00 3.400% 150,110.00 524,110.00 - 08/01l2p09 381,OOD.00 3.400% 143,752.00 524,752.00 - 08/20/2009 - - - - 1,046,662.00 02/01/2010 387,000.00 3.400% 137,275.00 524,275.00 - 06/01l2010 394,ODD.00 3.400% 13D,696.00 524,69fi.00 - 08/20/2p10 - - - - 1,048,971.00 02/01/2011 401,OOD.00 3.400% 123,998.00 524,998.00 - OS/01/2011 407,000.00 3.400% 117,181.00 524,181.00 - 08/20/2011 - - - - 1,049,179.00 _.... 02/01/2012 414,D00.00 3.400% 110,262.00 524,262.00 - 08/01/2012 421,000.00 3.4009'° 103,224.00 524,224.00 - 08l20/2012 - - - - 1,046,486.00 02101/2013 429,000.00 3.400% 96,D67.00 525,067.00 - 08/01/2013 43fi,000.p0 3.4009'° 88,774,00 524,774.00 - 08/20/2013 - - - - 1,049,841.D0 02/01/2014 443,000.00 3.400% 81,362.00 624,362.00 - 08/01/2014 451,DOD.00 3.400% 73,831.DD 524,831.00 - 08l20/2014 - - - - 1,049,193.00 02/01/2015 456,pD0.00 3.400% 66,164.00 524,164.00 - 08/D1/2015 466,000.00 3.400% 58,378.00 524,378.00 - 08/20/2015 - - - - 1,048,542.00 02/01/2016 474,000.00 3.400% 50,456.00 524,456.00 - 08/01/2016 482,000.00 3.400% 42,398.00 524,398.00 - 08/20/2016 - - - - 1,046,$54.00 02/01/2017 490,000.00 3.400% 34,204.00 524,204.00 - 08/01/2017 499,000.00 3.400% 25,874.00 524,874.00 - 08/20l2017 - - - - 1,049,078.OD 02/01/2018 507,000.00 3.400% 17,391.00 524,391.00 - OB/01/2018 616,000.00 3.400% 6,772.00 524,772.00 - 08/20/2018 - - - - 1,049,163.00 Total 58,27D,OOp.p0 - $1,751,227.D0 511,021,221.00 - Yleld Statistics Bond Year Dollars ~ 551,506.50 Average Life 5.556 Years Average Coupon .~ 3.4000000% Net Interest Cost N~ IC~~ 3.4000000% True Interest Cost TIC 3.4007076% ~i Bond Yield for Arbitrage Pur oses -~~~~~~-~_.T ~ 3.4007076% All Inclusive Cost (AIC) 3.4917078% IRS Form 803$ Net Interest Cost 3.4000000% Weighted Average Maturity -- 5.556 Years 07 cur ref of Ser 97 $14. I SINGLE PURPOSE 1 3/19/2008 1 1:10 PM • ~ ~ r • ~ .~- M i ll MN ont ce o, Proposed Current Refunding of $14,700,000 Clean Water Revolving Fund Loan (MPFA), Series 1997 Sources & Uses Dated D4/17/2008 ~ Delivered 04/17/2008 Sources Of Funds Par Amount of Bonds $9,270,000.00 Total Sources 39,27D,000.00 Uses Of Funds Costs of Issuance 41,150.00 Deposit to Current Refunding Fund _ 9,228,832.17 Rounding Amount ~ 17.83 Total Uses $9,270,000.00 07 cur ref of Ser 97 $14. ~ SINGLE PURP056 ~ 3l19I2008 ~ 1:10 PM • ~ ~ r .~: Monticello, MN Proposed Current Refunding of $14,700,000 Clean Water Revolving Fund Loan (MPFA), Series 1997 Debt Service Comparison Date Total P+I Net New D/S Old Net D/S Savin s 0$/01 /2008 531,052.00 531,034.17 - (531,034.17) 08101 /2009 1,048,862.00 1,048,862.00 1,082,292.58 33,430.58 08/01/2010 1,048,971.00 1,048,971.00 1,082,292.68 33,321.68 08/01 /2011 1,049,179.00 1,049,179.00 1,082,292.68 33,113.88 08/D1 /2012 1,048,486.00 1,048,486.00 1,082,292.68 33,806.68 08101 /2013 1,049,841.00 1 A49,841.OD 1,082,292.68 32,451.68 0$/0112014 1,049,193.00 1,049,193.00 1,082,292.68 33,099.68 08/01 /2015 1,048,542.00 1,048,542.00 1,082,292.68 33,750.68 08/01 /2016 1,048,854.00 1,048,854.00 1,082,292.68 33,438.68 08/01 /2017 1,049,078.OQ 1,049,078.00 1,082,292.68 33,214.68 08/01 /2018 1,049,163.00 1,049,163.00 1,082,292.68 33,129.68 OSI01 /2019 - - 541,145.87 541 145.87 Total 511,021,221.00 $11,021,203.17 $11,364,072.57 $342,869.40 PV Malvsis Summary (Net to Net Net FV Cashflow Savings 342,869.40 Gross PV Debt Service Savings ..................... 270,404.04 Net PV Cashflow Savin s @ 3.401°/a Bond Yield ..... 270,404.04 Contin ency or Roundin Amount .................... 17.83 Net Present Value Benefit $270,421.87 Net PV Benefit / $9,168,564 Refunded Principal... 2'949% Net PV Benefit! $9,270,000 Refundin Principal.. 2'917% Net PV Benefit / $9,540,404.04 PV Refunded Debt Service 2.834% Average Annual Gash Flaw Savings .................. 28,572.45 Refundin Bond Information Dated Date Delivery Date 4117/2008 4/17/2008 07 cur ref of Ser 97 $14. I SINGLE PURPOSE ~ 3/19/2008 11:10 PM Monticello, MN Proposed Current Refunding taf $14,700,000 Clean Water Revolving Fund Loan (MPFA), Series 1997 Current Refunding Escrow Date Rate Receipts Disbursements Cash Balance _ 04/17/2DD8 __-.~_..~.~..__-~Y--~~~~~~ 9,228,832.17 - 04/18!2008 - - 9,228,832.17 9,228,832.17 Total - 39,228,832.17 $9,228,832.17 - Investment Parameters Investment Model [PV, GIC, or Securities] Securities Default investment yield target _ Unrestricted Cash Deposit 9,228,$32.17 Total Cost of Investments $9,22$,$32.17 Target Cost of Investments at bond yield _~ .,__ __ $9,227,967.75 Actual positive or (negative) arbitrage (864.42) Yield tp Receipt _ - T Yield for Arbitrage Purposes 3.400707fi% 07 Cur ref Cf Ser 97 $14. I SINGLE PURPOS@ 1 3/19/2008 1 1:10 PM • ~ 11 * ~ -~- ~~ 1 ,ti. ",row O p - p r tlD ; ~, N -n et ,,'' ,~ . t op ~ - ~ N - h ~ "" _ ` ~ a ~ o ~ N X O ` ~ - w •D C „y "~ ~ w ~ ~ '' 6 v ~ p O ~ ,, . - ,:~ © K "mom "°• . a - _ . .,.. N ~ m - ~., ~ ~ ~ o r n ~ _ ~ Q •~"; y yy~~ V~ ~ W 4. ~ ~ ~9r C ( O ' w _ ~ - Y. ~ d - ~ ~4 F. - - _ ~ ~ - w - .- _ -.-~ ~ - .. _ . ., a ~ _ 4 a - - ro = - ~ ~~~ w,: - - ; ~ _ O - ~~ Qp N - ~ -~ L ~ _ - .., 4 w X ~ ~' N ~ . - - k _ ry ~, .. - - ° ~ x i ~ .~ r ,t - m ~` r _ m ~ t - ~ ^ LL .y _ _ } ~ Y y ~ - ~ - f ty - _ .~ k ,~ K . 1? - Y - - ~ ^A I ~ O C ~ O iy P p O ao O ~O p 7 ~ N O l17 I1] LL7 ~ `ef ~ ~ ~ Extract of Minutes of Meeting 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, was duly held in the City Hall in said City on Monday, March 24, 2008, commencing at 7:00 P.M. The following members were present: and the fallowing were absent: The Mayor announced that the next order of business was consideration of a proposal that had been received for the purchase of the City's $9,270,000 General Obligation Sewer Revenue Refunding Bond, Series 2008A. After due consideration of the proposals, Member then introduced the fallowing resolution, and moved its adoption: 329284v2 SJB MN190-133 RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $9,270,000 GENERAL OBLIGATION SEWER REVENUE REFUNDING BOND, SERIES 2008A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Cauncil of the City of Monticello, Wright County, Minnesota (the "City") as follows: Section 1. Sale of Bond. 1.01 It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 475 (the "Act") and Section 475.67, Subdivision 3, of the Act to issue and sell its general obligation bond to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Cauncil to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (b) Section 475.67, subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded maybe called for redemption; (c) it is necessary and desirable to reduce debt service costs that the City issue $9,270,000 General Obligation Sewer Revenue Refunding Bond, Series 2008A (the "Band") to refund certain outstanding general obligations of the City; (d) the outstanding bonds to be refunded (the "Refunded Bonds") consist of the $14,700,000 General Obligation Wastewater Treatment Note, Series 1997, dated February 6, 1997, of which $9,168,564.14 in principal amount is currently outstanding and is callable an any date. (e) the City is autharized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bond, it being determined that the City has retained an independent financial adviser in connection with such sale. 329284v2 SJB MN190-133 2 (f) by a resolution approved March 10, 2008 (the "Authorizing Resolution"), the Council authorized the Mayor and Finance Director to consider proposals regarding purchase of the Bond provided that certain refunding parameters were met. 1.02. The proposal of Bank of America Public Capital Corp (the "Purchaser") to purchase $9,270,000 General Obligation Sewer Revenue Refunding Bond, Series 2008A (the "Band") of the City is determined to be reasonable and consistent with the parameters set forth in the Authorizing Resolution, and the Council ratifies acceptance of such offer by the Mayor and Finance Director, the proposal being to purchase the Bond at a price of par for the Bond bearing interest at the rate of 3.40% per annum. 1.03. The Mayor and City Administrator are directed to execute any further contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bond pursuant to Minnesota Statutes, Chapter 475 (the "Act") in the total principal amount of $9,270,000, originally dated April 17, 2008, in the denomination of the principal amount of the Bond, numbered No. R-1, bearing interest as above set forth, and maturing on August 1, 2018. 1.05. O tianal Redem tion. The City may elect on February 1, 2015, and on any day thereafter to prepay the Bond due an or after February 1, 2016. Redemption maybe in whole or in part and if in part, at the option of the City and in such manner as the City will determine. 1.06. Mandatory Redemption. The Bond is subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date 2018 Term Band August 1, 2008 February 1, 2009 August 1, 2009 February 1, 2010 August 1, 2010 February 1, 2011 August 1, 2011 February 1, 2012 August 1, 2012 February 1, 2013 August 1, 2013 February 1, 2014 August 1, 2014 Principal Amount $440,000 374,000 381,000 387,000 394,000 401,000 407,000 414,000 421,000 429,000 436,000 443,000 as 1,000 329284v2 SJB MN190-133 3 February 1, 2015 458,000 August 1, 2015 466,000 February 1, 2016 474,000 August 1, 2016 482,000 February 1, 2017 490,000 August 1, 2017 499,000 February 1, 2018 507,000 August 1, 2018 (maturity) 516,000 Section 2. Registration and Payment. 2.01. Registered Form. The Bond will be issued only in fully registered form. The interest thereon and, upon surrender of the Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates• Interest Pa ent Dates. The Band will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid ar made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bond is payable on February 1 and August 1 of each year, commencing August 1, 200$, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Rester. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of the Bond and the registration of transfers and exchanges of the Bond entitled to be registered, transferred or exchanged. (b) Transfer of Bond. Upon surrender for transfer of the Bond duly endorsed by the registered owner thereof or accompanied by a 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 Bond 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 interest payment date. 329284v2 SJB MN190-133 q, (c) Exchange of Bond. When the Bond is surrendered by the registered owner for exchange the Registrar will authenticate and deliver a new Bond of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. The Band surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Im ro er or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Band or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register 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 a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Band to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of the Bond sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bond. If a Bond becomes mutilated ar is destroyed, stolen or last, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Band or in lieu of and in substitution far any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Band destroyed, stolen ar lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an 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. A Bond so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called far redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 329284v2 sJB MN190-133 5 (i) Redemption. In the event the Bond is called for redemption, notice thereof identifying the Bond to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication ar by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of the Bond. The Bond sa called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints the City Finance Director as the initial Registrar. The City reserves the right on any date to appoint a successor Registrar, which Registrar must be a bank or trust company autharized by law to conduct such business, in which event (a) the predecessor Registrar must deliver all cash and the Bond in its possession to the successor Registrar and must deliver the bond register to the successor Registrar, and (b) the balance of this Section controls. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for 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 predecessor Registrar must deliver all cash and the Bond in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this 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, Authentication and Delivery. The Bond will be prepared under the direction of the City Administration and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bond ceases to be such officer before the delivery of the Band, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication an a different Bond need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bond has been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in 329284v2 sJB MN190-133 6 accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bond. The City may elect to deliver in lieu of printed definitive Bond one or more typewritten temporary Bond in substantially the form set forth in Section 3 with such changes as maybe necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of a definitive Bond the temporary Bond will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bond will be printed or typewritten in substantially the following form: Na. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO GENERAL OBLIGATION SEWER REVENUE REFUNDING BOND, SERIES 2008A Date of Rate Maturity Original Issue 3.40% August 1, 2018 April 17, 2008 Registered Owner: Cede & Co. $9,270,000 The City of Monticello, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (the "City"), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $9,270,000 on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 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) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the City Finance Director as Registrar, Faying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such 329284v2 SJB MN190-133 7 principal and interest as the same respectively became due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2016, and on any day thereafter to prepay the Bond due on or after February 1, 2017. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. The Bond is subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Frincipal Amount 2018 Term Bond August 1, 2008 $440,000 February 1, 2009 374,000 August 1, 2009 3 81,000 February 1, 2010 387,000 August 1, 2010 394,000 February 1, 2011 401,000 August 1, 2011 407,000 February 1, 2012 414,000 August 1, 2012 421,000 February 1, 2013 429,000 August 1, 2013 436,000 February 1, 2014 443,000 August 1, 2014 451,000 February 1, 2015 458,000 August 1, 2015 466,000 February 1, 2016 474,000 August 1, 2016 482,000 February 1, 2017 490,000 August 1, 2017 499,000 February 1, 2018 507,000 August 1, 2018 (maturity) 516,000 This Bond is one of an issue in the aggregate principal amount of $9,270,000 all of like 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 March 24, 2008 (the "Resolution"), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 115.46, 444.075 and 475.67, and the principal hereof and interest hereon are payable from net 329284v2 SJB MN190-133 8 revenues of the sewer plant and system of the City in a special debt service fund of the City and from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged far payment of this Band 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 net sewer system revenues and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. This Bond is issued only as fully registered Bond in the denomination of the principal amount of the serial maturity. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to awn and operate the sewer plant and system free from competition by other like utilities; that adequate insurance an said plant and system and suitable fidelity bonds on employees will be carried; that proper and adequate banks of account will be kept showing all receipts and disbursements relating to the Sewer Fund, into which it will pay all of the gross revenues from the sewer plant and system; that it will also create and maintain a General Obligation Sewer Revenue Refunding Bond, Series 2008A Debt Service Fund, into which it will pay, out of the net revenues from the sewer plant and system a sum sufficient, together with pledged ad valorem taxes, to pay principal hereof and interest hereon when due; and that it will provide, by additional ad valorem tax levies, for any deficiency in required net sewer system revenues and taxes. As provided in the Resolution and subject to certain limitations set Earth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange far Bond of other authorized denomination. Upon such transfer or exchange the City will cause a new Bond to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement far any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by 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 Minnesota 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 terms, have been done, do exist, have happened and have been performed as so required, and that the 329284v2 SIB MN190-133 9 issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. 1N WITNESS WHEREOF, the City of Monticello, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF MONTICELLO, MINNESOTA (Facsimile) _ ___ (_Facsimile) _ City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is the Bond delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Band, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) 3292$4v2 S7B MN190-133 10 TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts ar Transfers to Minors Act............ (State) Additional abbreviations may also be used 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, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Band in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed 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 Stack Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSF, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. 329284v2 SIB MN190-133 11 Name and Address: Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION (Include information for all joint owners if this Bond is held by joint account.) 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. Date of Registration Registered Owner Signature of CitYFinance Director 3.02. The City Administrator is authorized and 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 cause the opinion to be printed on or accompany the Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. The City will create and continue to operate its Sewer Fund to which will be credited all gross revenues of the sewer plant and system and out of which will be paid all normal and reasonable expenses of current operations of the sewer plant and system. Any balance therein will be deemed net revenues and will be transferred from time to time, together with general taxes hereafter levied (the "Taxes"), to a General Obligation Sewer Revenue Refunding Bond, Series 200$A Debt Service Fund (the "Debt Service Fund") hereby created in the Sewer Fund, which fund will be used only to pay principal of and interest on the Bond and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a Bank of America Public Capital Cnrp. Federal ID # 329284v2 SJB MN f 90-133 12 sufficient amount to pay principal of and interest on the Bond, and the City Administrator will report any current or anticipated deficiency in the Debt Service Fund to the City Council. 4.02. In accordance with Minnesota Statutes, Section 115.45, for the purpose of paying the principal of and interest an the Bond, there is hereby levied a direct 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. Such Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection): Year Levy (See Exhibit B) 4.03. The City Administrator is directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Section 475.53 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bond (the "Proceeds") for payment of the Refunded Bonds that an irrevocable appropriation to the debt service fund for the Refunded Bonds will have been made within the meaning of Section 475.51, subdivision 3 of the Act and the City Administrator is hereby authorized and directed to certify such fact to and request the County Auditor to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. 4.05. It is hereby determined that the estimated collection of the foregoing Taxes and net revenues of the sewer system will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bond. The tax levy herein provided will be irrepealable until the Band is paid, provided that the City Administrator may annually, at the tune the City makes its tax levies, certify to the County Auditor the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.Od. The City Council covenants and agrees with the holders of the Bond that so long as the Band remains outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the sewer plant and system as public utilities and conveniences free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the sewer system accounts as hereinabove provided, and will make no 329284v2 SJB MN190-133 13 expenditures from said accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account in the Sewer Fund and will cause money to be credited thereto from time to time, out of net revenues from the sewer plant and system and Taxes, in sums sufficient to pay principal of and interest an the Band when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the sewer plant and system and which will be open to inspection and copying by any bondholder, the bondholder's agent ar attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause all persons handling revenues 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 an account of the operations of the sewer plant and system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit lnsurance Law. (e) 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 far like plants, to protect the holders, from time to time, of the Bond and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the sewer plant and system as required by the laws of the State of Minnesota. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Chapter 475 and Sections 115.46 and 444.075 at the times and in the amounts required to produce, net revenues adequate, together with pledged Taxes, to pay all principal and interest when due on the Bond and to create and maintain such reserves securing said payments as maybe provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues and Taxes pledged for payment of the Bond. 329284v2 5JB MN 190-133 14 Section 5. Refundin • Findin s• Redem tion of Refunded Bonds. 5.01. The Refunded Bonds are the General Obligation Wastewater Treatment Note, Series 1997, of the City, dated February 6, 1997, of which $9,168,564.14 in principal amount is callable on May 1, 2008. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bond is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on August 20, 2008 and thereafter will be redeemed and prepaid on May 1, 2008. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the farms of Native 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 Refunded Bonds is autharized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Section 6. Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bond, certified copies of proceedings and records of the City relating to the Bond and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within 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 Band and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, City Administrator and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bond and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 6.03. The City authorizes the Purchaser to forward the amount of Band proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. 329284v2 SJB MN190-133 15 Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bond 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 Bond to become subject to taxation under the Internal 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 its power that maybe necessary to ensure that such interest will not become subject to taxation under the Cade and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Band. 7.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bond under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bond. 7.03. The City further covenants not to use the proceeds of the Bond or to cause or permit them or any of them to be used, in such a manner as to cause the Bond to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 8. Continuing Disclosure. 8.01. No Official Statement or Prospectus. It is determined that no official statement or prospectus has been prepared ar circulated by the Authority in connection with the sale of the Bonds and that the Purchaser has made its own investigations concerning the City as set forth in an investment letter of even date, receipt of which is hereby acknowledged. 8.02. No -Reguirement of Cantinuing__Disclosure. Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), because the Bonds (i) are offered in authorized denominations of $100,000 or more; and (ii) will be sold to no more than thirty-five persons each of whom the Purchaser reasonably believes (A) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the prospective investment; and (B) is not purchasing for more than one account or with a view to distributing the Bonds. Consequently, neither the Authority nor the City will enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. 329284v2 $JB MN190-133 16 Section 9. Defeasance. 9.01. When the Bond and all interest thereon, has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bond 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 Bond will remain in full farce and effect. The City may discharge the Bond which is due an any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If the Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 329284v2 SJB MN190-133 17 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 329284v2 SJB MN190-133 1 g STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Monticella, Wright County, Minnesata, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on March 10, 2008 with the anginal minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Sewer Revenue Refunding Bond, Series 2008A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 2008. City Administrator Monticello, Minnesota (SEAL) 329284v2 SJB MN190-133 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF WRIGHT TAX LEVY AND REGISTRATION I, 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, Minnesota, on March 10, 2008, levying taxes for the payment of $ General Obligation Sewer Revenue Refunding Bond, Series 2008A, of said municipality dated Apri18, 2008, has been filed in my office and said Bond have been entered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this day of , 2008. County Auditor Wright County, Minnesota (SEAL) Deputy 329284v2 S7S MN190-133 EXHIBIT A PROPOSALS 329284v2 SJB MN140-133 EXHIBIT B TAX LEVY SCHEDULE YEAR * TAX LEVY * Year tax levy collected. 329284v2 SJB MN190-133 EXHIBIT C NOTICE OF CALL FOR REDEMPTION $14,700,000 GENERAL OBLIGATION WASTEWATER TREATMENT NOTE, SERIES 1997 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment an MAY 1, 2008 all outstanding bonds of the City designated as General Obligation Wastewater Treatment Note, Series 1997, dated April 15, 1997, having stated maturity dates of February 20 and August 20 in the years 2008 through 2018, both inclusive, totaling $9,168,564.14 in principal amount: Year of Maturity Arnaunt 2018 $14,700,000 The bonds are being called at a price of par plus accrued interest to May 1, 2008, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called far redemption are requested to present their bonds for payment at the ofFice of the City Administrator (formerly referred to as Administrator/Finance Director) of the City of Manticella, Minnesota on or before May 1, 2008. Important Notice: In compliance with the Jobs and Grawth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. 329284v2 SJB M1V190-133 The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Dated: , 2008. BY ORDER OF THE CITY COUNCIL By /s/ Jeff O'Neill City Administrator City of Monticello, Minnesota 329284v2 SJB MN190-133