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EDA Agenda Map 09-10-08AGENDA - SPECL4L MEETING CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY Wednesday, January 16, 2008 - 6:00 p.m. Mississippi Raom - 505 Walnut Street, Monticello, MN Commissioners: President Bill Demeules, Vice President Dan Frie, Treasurer Bill Tapper, Bill Fair, Bob Viering, and Council members Clint Herbst and Wayne Mayer. Staff: EDA Executive Director Ollie Koropchak, Secretary Angela Schumann, and Assistant Treasurer Tom Kelly. Consultants: Todd Hagen, Ehlers & Associates, Inc. and Steve Bubul, Kennedy & Graven. 1. Call to Order. 2. Administer Oath of Office. (Mayer) 3. Roll Call. 4. Reading and approval of the Transcript of Proceeding: Organizational meeting of the reconstituted City of Monticello EDA, December 18.2007. 5. Approval of the EDA bills and communication. 6. Report of the Executive Director. 7. Report of committees: Marketing, continuing education, and fiber optics. 8. Unfinished Business. 9. New Business: A. Consideration to adopt a resolution awarding the Sale of Public Project Revenue Refunding Bands, Series 2008 (City of Monticello, Minnesota Lease Obligation) B. Consideration to approve the Certificate of Completion for WRE Properties, LLC. C. Consideration to review bids for demolition of structures at Cedar Street Garden Center, City Project No. 2007-20C, and consideration to award of contract for demolition of work. 10. Adjournment. WORKSHOP TO FOLLOW: CITY COUNCIL AND EDA WORKSHOP PRESENTED BY EHLERS AND KENNEDY & GRAVEN. OVERVIEW OF T1F 101 AND PURCHASE AND DEVELOPMENT CONTRACT AND EXAMFLES OF EDA ACTIVITIES. a~ OFFICIAL OATH OF OFFICE I, Wayne Mayer, do solemnly swear that I shall support the Constitution of the United States of America, the Constitution of the State of Minnesota and that I will faithfully and justly discharge the duties of the office of the Economic Development Authority of the City of Monticello, Minnesota to the best of my judgment and ability. Wayne Mayer Subscribed and sworn to before me this IS`h day of December 247. C` J Notary Public pA WN/WOI ~D/FORM/OATH C~ TRANSCRIPT OF PROCEEDINGS: ORGANIZATIONAL MEETING OF THE RECONSTITUTED CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY December 18, 2007 The organizational meeting of the reconstituted City of Monticello Economic Development Authority ("EDA") was called to order at 6:01 p.m. on Tuesday, December 18, 2007. President pro tem. Commissioner DAN FRIE moved that Commissioner y~Trr sera Fnru ___ be elected President pro tem of the EDA and ROBERT VIERING be appointed recording Secretary pro tem of the EDA. Motion seconded by Conunissioner . Motion carried unanimously. Announcements. The President pro tem announced that; (i) the meeting had been convened by the President pro tem on December 18, 2007; (ii) that each member of the EDA had been informed personally in writing or by telephone of the date, time and place of the meeting; and (iii) that notice of the meeting had been posted at City Hall on DECEMBER 10 ~ 2007. Roll call. The President pro tem then requested the Secretary pro tem to call the roll of Commissioners. On roll call, the following Commissioners were present: WILLIAM FAIR, WILLIAM DEMEULES, ROBERT VIERING, DAN FRIE, WILLIAM TAPPER, AND CUNT HERBST. and the following Commissioners were absent: WAYNE MAYER Records: filing. The President pro tem then directed the Secretary pro tem to file the following documents on retard in the permanent records of the EDA: 1. Certified copy of minutes of City Council meeting setting public hearing on adoption of Resolution No.2007-08$ the amended and restated enabling resolution establishing the EDA (the "Enabling Resolution"), and Resolution Na.2007-085, the resolution transferring the powers and projects of the Housing and Redevelopment 322304v1 MNI MN190-130 1 Authority in and for the City of Monticello ("HRA") to the EDA (the "Allocation Resolution"). 2. Affidavit of publication of notice of hearing on the Enabling Resolution and Allocation Resolution. 3. Certified copy of the City Council minutes of October 22, 2007 showing record of public hearing and adoption of the Enabling Resolution and Allocation Resolution. 4. Certified copy of Enabling Resolution. S. Certified copy of Allocation Resolution. 6. Certified copy of Council minutes containing motion to approve appointment of Commissioners. 7. Affidavit of posting of notice of organizational meeting of the EDA. Oaths of office. The President pro tem then directed the Economic Development Director to administer the oath, of office to the Commissioners and directed the Secret ro tem to file co ie ary p p s of the oaths of office in the permanent records of the EDA. BBy laws. The President pro tem then presented proposed by-laws of the EDA to the Commissioners far consideration. After discussion, moved by Commissioner ROBERT VIERING seconded by Commissioner GLINT HERBST _ ,that the by- laws as amended be adopted. Motion carried unanimously. Election of officers. The President pro tem then stated that the next order of business was election of officers. Commissioner WILLIAM FAIR nnm;natPr~ (~'nmmiecinnar WTLLTAM DEMEULES as President. There being no further nominations, upon vote being taken, Commissioner WILLIAM DEMEULES was elected President. The President thereupon assumed the office and presided over the meeting. Conunissianer WILLIAM FAIR then nominated CommissionerD~ FRIE as 322304v1 MNI MNI90-130 2 Vice President. There being no ~~ naminations, upon vate being taken, Commissioner was elected Vice President. Commissioner then nominated the aurF7 e crg NLT _- ~ Secretary ex officio. There being no further nominations, upon vote being taken, the was elected Secretary ex officio. Commissioner u7 TAfT wFURST _ then nominated CommissionerWT~,LIAT~PE~ Treasurer. There being no further naminatians, upon vote being taken, Commissioner WILLIAM TAPPER was elected Treasurer. Commissioner CT~INT IiERBST then nominated the TOM KELLY of the City of Monticello as Assistant Treasurer ex officio. There being no further nominations, upon vote being taken, the ToM '~Ly ~ was elected Assistant Treasurer ex afficio. Transfer of authorit 'Other Or anizational Matters. Commissioner WILLIAM DEMEULES then introduced the following written resolution and moved its adoption, seconded by ROBERT VIERING EDA RESOLUTION NO. ~2oo7-oi RESOLUTION ACCEPTING TRANSFER OF PROJECTS AND PROGRAMS FROM HRA TO EDA; APPROVING CERTAIN ORGANIZATIONAL MATTERS BE 1T RESOLVED by the City of Monticella Economic Development Authority ("EDA") as follows: 1. The City Council has duly adopted an amended and restated Enabling Resolution (Resolution No. 2007-OS creating the EDA pursuant to Minnesota Statutes, Chapter 469 (the "Act"). 2. The Enabling Resolution provides -that the EDA has and may exercise all of the 322304v1 MNl MN190-130 powers conferred by the Act upon a housing and redevelopment authority of the City. 3• By Resolution No. 2007-0$~nd pursuant to Section 469.094 Subdivisio n 2 of the Act, the City Council transferred the control, authority and operation of any project defined in Section 469.174, Subdivision 8 (relating to tax increment financing for such projects) and any other project ar program established by the Housing and Redevelopment Authority in and for the City of Monticello (the "HRA") from the HRA to the EDA. The EDA accepts responsibility for the control, authority and operation of each project and program of whatever nature heretofore established by the HRA. 4- Section 469.094, Subdivision 2, of the Act provides that when a project ar program is transferred from the HRA to the EDA, the EDA must covenant and pledge to perform the terms, conditions and covenants of any agreement of the HRA executed for the security of any bonds issued in support of the transferred project or program and to perform the terms, conditions and covenants of the HRA in connection with the program or project so transferred. The EDA hereb Y covenants and pledges to assume all of the duties and responsibilities of the HRA in connection with each and every program or project so transferred by the City from the HRA to the EDA. S• The EDA appoints the Economic Development Director of the City of Monticello as the Executive Director of the EDA. 7. The Executive Director is authorized and directed to take whatever steps are necessary to give effect to this Resolution. The President and Executive Director are authorized and directed to execute, deliver and accept an behalf of the EDA any and all documents and instruments necessary to give effect to this Resolution. ~~.. -~ ;-- ~ ~ ~ .- .. ATTEST: 322304v1 MNI MN190-130 4 Executive Director Upon roll call vote being taken, the fallowing voted in favor: YEA: HERBST YEA: FRTE YEA: VTERING YEA: FAIR YEA: TAPPER YEA: DEMEULES and the following vated against: NAYS: NONE Whereupon, the Resolution was declared adopted. Reading and Approval of Minutes. Commissioner GLINT xERBST then moved to approve the minutes of the August 21, 2007 EDA meeting and of the November 7, 2007 HRA meeting; seconded by Commissioner WILLIAM TAPPER Motion carried. Consideration of EDA Bills. Commissioner ROBERT VTERING moved to authorize payment ofEDA bills as presented by KOROPCHAK ;seconded by Commissioner WILLIAM FAIR Motion carved. Executive Director's R art. Commissioner WILLIAM TAPPER moved to approve the Executive Director's Report; seconded by CornmissianerwlLLIAM FAIR .Motion carried. Committee Reports. Commissioner GLINT HERBST moved to approve the committee reports; seconded by Commissioner WILLIAM FAIR Motion carried. New Business. Commissioner WILLIAM TAPPER then introduced the following written resolution and moved its adoption, seconded by GLINT xERBST EDA RESOLUTION NO. 2oa7-oz RESOLUTION PROVIDING FOR THE SALE OF $6,100,000 PUBLIC PROJECT REVENUE REFUNDING BONDS, SERIES 2008 WHEREAS, the Housing and Redevelopment Authority (the "HRA") in and for the City 322304v1 MNI MN190-130 S of Monticello (the "City") previously issued its $7,555,000 Public Project Revenue Bond, Series 2000A (the "Series 2000A Bands") pursuant to that certain Trust Indenture by and between the HRA and U.S. Bank Trust National Association dated as of March 1, 2000 (the "Indenture"); and WHEREAS, the City Council of the City has taken the necessary steps to allocate all powers and projects of the HRA to the City of Monticello Economic Development Authority (the "EDA"), and the HRA, by its Resolution N~007; ~~ated November 7, 2007, has transferred and assigned to the EDA all outstanding contracts to which the HRA is a party and all bonded indebtedness issued by the HRA, including the Indenture and the Series 2000A Bonds; and WHEREAS, the Board of Commissioners ("Board") of the EDA now determines that it is necessary to issue its $6,100,000 Public Froject Revenue Refunding Bonds, Series 2008 (the "Bonds"), to advance refund the outstanding 2009-2015 maturities of the Series 2000A Bands totaling $5,740,000 in their entirety on February 1, 200$; and WHEREAS, the EDA has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bands and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9). NOW, THEREFORE, BE IT RESOLVED by the Board of Carnmissioners of the City of Monticello Economic Development Authority as follows: Authorization. The Board hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meetin • Pro osal enin .The Board shall meet at 6: OOp.m. on January 16, 200$, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers ar employees of the EDA are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it an behalf of the ED A upon rts completion. 3?2304v1 MNl MN190-130 6 ~ ~~ ~~ %f'~ , ; ;;~' j -l r Presider • ATTEST: ,~~ ~~ Executive Director Upon roll call vote being taken, the following voted in favor: YEA: TAPPER YEA: HERBST YEA: FAIR YEA: ~"RIE YEA: VIERING YEA: DEMEi1LE5 And the following voted against: NAYS: NONE moved approval of a Second Amendment to Contract Commissioner Develo ment by and between the Clty of Monticello Economic Develapment Authority for Pnvate P seconded b COr7rr11S51oner DAN FRIE Motian carried. and Masters Fifth Avenue, Inc.; y moved approval of a Second Amendment to Commissioner CLINT HERBST e Develo meat by and between the City of Monticello Economic Development Contract for Pnvat P e Ci of Monticello, and First National Bank of Elk River, as assignee to Front Porch Authority, th tY Associates, Ltd; seconded by Cammissioner ROBERT vIERING .Motion Carried. Colnmissianer WILLIAM FAIR moved approval of an annual fee increase as .Motion carried. presented by Ehlers & Associates; seconded by Commissioner DAN FRIE d~ournment. 'There being no further business to came before the EDA, Commissioner A ~~ that the organizational meeting be adjourned; seconded by WILLIAM TAPPER moved 'oner w~LLIAM FAIR : motion carried. 'The organizational meeting adjourned at CO1nr115S1 7:58 P•ln• Acting Recording Secretary • 322304v1 MNl MN190-130 ,~ EDA Agenda - Q1/16/08 S. A royal of EDA bills and communication: ORDER FOR PAYMENT OF EDA BILLS - 1. The Executive Director will code all EDA expenditures based on authorized EDA projects/activities ar administrative costs. 2. The EDA will approve coded bills. 3. The City Council will be approved EDA bills. 4, Finance Department disburses check thereafter. The first two invoices from Bjorklund $800 (Exhibit A) and Kennedy & Graven $49.50 (Exhibit B) are coded and associated with the authorized HRA purchase and demolition of Cedar Street Garden Center (disbursement from Construction Five, TIF District No. 1-5). Recommendation: The Executive Director recommends approval of bills. The next two invoices from Kennedy & Graven $4,121.58 (Exhibit C) and $254.00 (Exhibit D) are associated with the request by Council to consolidate the HRA and EDA. The expenditures have occurred but were not authorized projects/activities of the EDA or HRA; therefore, the Executive Director dial not code. At one of the first meetings relative to consolidation, the Attorney was asked and estimated the consolidation fees to be about $4,000. The EDA and HRA operated pretty much on a cash-in and cash-out basis (no operating budget or tax levy). The developers pay a deposit and are responsible for admin over-run costs. Acquisition/demolition//redevelopment costs are reimbursed through tax increment and land sales in compliance with the Minnesota Statutes. Likewise, the accumulative GMEF dollars are used for jab creation or in compliance of the Business Subsidy Law. The three options for the EDA to consider for these two invoices are as follows: Approve bills of $4,121.58 and $254 to Kennedy & Graven. 2. Approve the bills and request a tax levy ar operating budget in the future. 3. Approve bills and request City Council transfer funds for payment. Recommendation: The Executive Director recommends Alternative No. 3 as this was not an authorized expenditure of the EDA or HRA. THE BJORKLUND CO., INC, ~.~ ~ ~ ~ 15680 137th St. BPrker. MN 553$ ~~ ~~1 ~~ ~:;a~,,,~ KEEP THIS SLIP FUH HtI~~tHtry~-~ 5805 WELL DR BORING LOCATION MINNESOTA DEPARTMENT OF NEALTF; Minnesota Well and 6onng H CnuntyNamg - WELL AND BORING SEALiNU RECORD Sealing Np. Minnesota Unique Well Nc. ~ Minnesota Statutes, Ghapter 1031 or W-series No. ~iex~e rnenr n nor,w,.n~ Township Nama wnsnlp Nd. Range Nv. Section No. Fracnvn ism -~ Igl pate Sealed pate well or Bonng Constructed GPS Latitude degrees minutes seconds / LOCATION. Depth Before Sealing - __. ~ (,~? K. Original Depth It. Longitude tlegrees minutes seconds gOU1FER S ( ) STATIG WATER LEVEL Numerical Street Address or Fire Number and Grty of We11 or boring Location Single Aquifer [J Multiaquiler L ~~ ~ ~ WELL/80RING ~Measurr~d ^ Estimated Shaw enact location of well or borin Qrwater Supply Well [_] Monit Well 9 Sketch map of well or boring j m secpon grid with -X' location, shpwing property ^ Env. Bore Hole ^ Other tt. ~ below ^ above land sudace N lines, roads. and buildings. CASING TYPE(S) ~,'~teel ~;] Plastic ^ nle [] Other W ~- - ~ - - -- ;-- E '\Vti / WELLHEAp COMPLETION - 'fit ~~ 1/(~ _ _ _ _ _ _ _ _ . ~, _ I ~ qutside: (~JeII House Inside: ^ Basement Otlset ~•~ ~""g ~~ [] Pitless AdapterlUnit ^ Well Pit --- •7-- -1-' --~-- u S [] Well Pit ~'J Buried U I ~' ^ Buried I>r+iOPERTY R'S NAME/CQMPANY NAM CgStNG(5) ~rp _ Diamel r Depth Set In pop rsize Hale? Annular space initially grouted'! Propany owners V ' y ;~ ass if di latent than well Ivcalivn aU joss indiUeled abovH V J,/ ~ In. (rpm _~(, fo _~~.. f}. ^ Yes ~AQo ^Ves ^ No ~j Unknown / In, from T„- [D _.,m, h. [; Ves ~;~ No ^ Yes ^ Nu ~ Unknuwn -.~.._.. -' ~ ° ~ /~ .7 In. from ^~..__ to _ tt rl Ves LI Nv C.:1 Yes ^ Nv WELL OWNER'S NAME/COMPANY NAMf;. 5CREENlpPEN HOj^L7E ^1 /~ Wall owner's mailing atldress if diflerenl loan property owners aaoress indiraled aho~r=. "~ Screen from , / / .,_ (p ~"r_ _ Y1 Q(Jen (-~IUI[: frDri~ _, ,.,,_ l0 ~,,..~ fl. gBSTRUCTIgNS ^ Hods/Drop Pipe [J Check valve(sj ^ f.)ebris ^ Fill ^ No Obstruction Type of Obstructions (Describe) ,.~..,,__ w.. _ GEOLpGICAL MATERIAL COLpR WARbNE55 OR FROM TO ObstrUCtlons rem ved? _ FORMAT1pN ~25 !.,l No Desrnhe _.. ~v~~ rr.~ -.~__- II nvl known. indicate estimated tormadon Ivg from nearUy well w ddring ~ -PUMP Type ,~-'~ _ .t-- '"'- -•--moved ^ Not Present ^ Other, _ _ -~~ -- .,.~ _ _„__ ,~,-, METHDp USED Tq SEAL ANNULAR SPACE BETWEEN 2 CASINGS, pR CASING ANA BORE HOLE: - ~ - ~ND Annular Space Exists ^ Annular space grouted with tremie pipe (T,J Casing Perlorahpn/Removal ,.,,_~ In frDril ~,... tG _._~ tt. ^ Perforated ^ FiemOVed ..... in trorn ,,-__ to _-,_ _._,._ ft t71 Perforated ^ F~emgved _.~. _. Type of perforator.__,._ _.._ ._ .~._.. __ -~ _,. _ ~ L7 Other ... .. _.-- .. __. ~._. .... W k GRpUTING MATERIA S I ( ) (One bag of cement ~ 94 16s., one bag pt bentonite = 501bs.) / // ~'^~ 1 Groutiny Material .~r~~ from ~_~__ to ? h _„_, yards ~/_~.begs .-.. -..~__ ~_.~_ // ~---- frorn._., In tt ~....~. yards bags - .,.. - ._ _... ~ _ ~,.._ .. -.- from.,.......- Ip ._. ft .. yards -_._~ bag REMARKS, SOURCE OF bgTA, bIFFICULTIESIN SEALING DTWER WELLS AND BORINGS Other unsealed and unusod well or bonny do property ^ Ves ^ Nn How many?~,,„ _,~ LICENSEp OR REGISTERED GDNTRACTpR CERTIFICATIpN This well or bonng was sealed In accordance with Minnespta Rules Chapter 4726 The infvrrnarion ubrytalned in this report Is true td the best pf my knowledge L..~j~ l :~ ~ u c. srness Name ~.~ i LlCense DI R(!gl5Vahpn NO ~l Name n( Person .Sraaliny Well nr 8nrilyy MINNESOTA pEPARTMENT OF Minnesota Well and Boring }-,I /) WELL OR BORING LOCATION Sealing No. ~} County Na WELL AND BORING $EALIwu RECORD Minnesota Unique Well No. Minnesota Statutes, Cha ter 1031 or W-series No. _ i,!~ Township Name nship No Range Nc Sectlpn No. FraC,hbn Isrn -- Ig) Date Sealed Dale Well br Boring Constructed 1~ ~ ~ ~ d- G S Latitude degrees minutes seconds ~ fl. Depth 6elnre Saaling On final Depth 9 ft. LOCATION LUngrfude degrees ~,.minutes secnntls ApU1FER(S) STATIC WATER LEVEL rmenC8 Street Address or Fqa Numu ryaritf Ciry DI Well ar Haring Location N mgle Aquifer ^ Multiaquiter ,,,,,/~ l 11Naeasured ^ Estimated y / / / ~ WELWBORING / C/ B 1 Water Supply Well ^ Mdnit. Well °2,.9' / Show enact location of well or oonng Sketcn map of well or bonng [] Other H l ~ tt ~nelow [~ above land surface "" in sachon gntl wrth "X" Ipcahon. showing property o e ^ Env. flora /TT N lines, roads, and buildings. CASING TYPE(S) W / '~5~eel [) Plastic ^ Toe ^ Other ( ~ ~ ~; WELLHEAD COMPLETION E I ~ Outside: ~C/~Jell House Inside: ^ Basement OHsel ty,r„,y 1 ^ Pitless AdaprerlUnil ^ Well Pit ~..~ ^ Well Pit ^ Boned 5 _ .._._._~._.,._~ _._....__..~--- __.. ~.~. ~ _.._ r rnwe~ ~~G.._.i.;.......~-...-.__. -...,..__..._..__... ~- 6uned c... -- t Q PROP Y fJ MER'S NAME/COMPANY NAM CASING(S) Diameter Depth 7 Sel in oversize Hole? Annular space indiauy grouted"1 Property owner' m ing toss it ditterent Ihan well Ivcabnn address in ~ared above ~~ O ~i ^ yes fb.f~n ^ Yes ^ NU ^ UnKnpwn ~^, ~, yn In from __~.. to J^ / in. from-_._._ to ~, tt ^ Yes ~.,J No C_l ^ L'J .t.L--~-t In. frUrtl ~., IO . fl ^ Yes ^ Nn ^ Yes ^ Nv ^ Unknown WELL OWNER'S NAMFJCOMPANY NAME SCREENlOPEN HOLE _ .. .._. ...._ 2 ~ , 2 ~ . ft. Den Hole hom ~ ..,_ to ..-. ft. Well owners mailing aUdress it differ=nl than property owner s address innicated annve Screen rrom ~~ to _.. ._ P OBSTRUCTIONS ^ Rods/prop Plpe ^ Check Valve(s) ^ Debris (.~ Fill (;~ No Ubstructton Type of pbstructions (Gescnhe) ~. ._ -- - -- GEOLOGICAL MATERIAL. II COLOR HFORMAT ONR FROM j TO UhstruCtions rerrrtlUVed~ es C'_) No Describe _ - - - __ ...~_...._. _ .._~~... PUMP If nor known intricate esdrnaied iorma4on log frvrn nearpy well or oonng I __ ,, (~r~moved ^ Not Present ^ Uther.,,.._ -~~-~- _ MET/HOD USEO TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, Ofl CASING ANp BORE HOL.E~ --- ...-~ -~~- ... ~ m t]t' Nn Annular Space Ezisis ^ AnnulUr space grouted wdh tremie pipr~ f ,~ Gasiny PertUr2uvn/Removal . - - ~ °' ~" J In from, _ .~ to -. --- ri ^ Perforated ^ Removed -~ °' - - ~ in tram _„ _.... to _._ ri. ^ Perforated ^ Removed ~... ._ ... ... -- TYPe of perforator-.,.-. _~-- -° .._ _. _ '- ^ Other_._ _ _. ._ ..._ GROUTING MATERIAL(S) (Gee bag of cement = 84 lbs., one beg tlt bentanite > 50 165.) __ . _._ ~.m_ o! ~/~_ // Ciroubny Material from ~.. Iv ~4 n. -.--..- Y%trds -~- logs ._... from _ to --.-.~ ft -.J.-,-.~ Yards _ bags ~_ ..,.~- ---' -from to _...~ tt --....._ yards _ baps j OTHER WELLS AND BORINGS REMARKS. SODRCE OF DATA. DIFFICULTIES IN SEALING Utner unsealed and unused well Dr Donny on prnpeny~ ^ Yes J No How many- - - LICEN5Ep OR REGISTEREp CONTRACTOR CERTIFICATION This well Pr bnrirtg Was sealed m aCCnrdanne with Minnesota Rules. Chaplet 4'25. The rnlormauon Contained m IhiS repvn. 15 true ro the best al my knowledge. G'on~tdr 5~smess Name License nr keprstrahnrr No Authonzed Rearesen( pve Siynamr~ !F Ddfe I: '~ H ~ 4 R ~ 7 6 ____ ~ , _.,.~.~ ___ _ I Namr: of Pecsnn Seating WWII or Soh g Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 41-1225694 December 27, 2007 Invoice # 81147 City of Monticello Accounts Payable ~o'n 505 Walnut Street, Suite 1 Monticello, MN 55362 ~~ `- ~` MN190-00001 General Through November 30, 2007 For All Legal Services As Follows: Hours 11/7/2007 MNI Phone conversation with Qllie K regarding underground 0.30 tank on HRP,-owned land. Total Services : $ Total Services and Disbursements:$ • Amount 49.50 49.50 49.50 ~~ ~~~ O K ~O PAY? a Cade: ~~.~ . ~~ ~ ~ . 3 p~ o Initial: ~- \ - ~~ - o~ • Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Monticello tuber 30 2007 Nove , ~~ a. G~P~ MN190-00130 EpA and HRA Consolidation Through November 30, 2007 Hours Amount For All Legal Services As Follows: 11/1/2007 MNI Finalize HRA resolution based on bond information from 1.10 181.50 Ofiie K. 82.50 11/14/2007 MNI Office conference with S l3ubul regarding lease-purchase 0.50 obligations and consolidation documents; email to O Koropchak regarding reading of ordinance. Total Services : $ 264.00 Totai Services and pisbursements:$ 264.00 ENTERED ~-~~~ ~~ oi~c -ra ~A~? co~e:_ i nitiai:.~ Page: 3 Kennedy 8~ Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Monticello October 31, 2007 MN190-00130 EbA and HRA Consolidation Through October 31, 2007 G~P~ For All Legal Services As Follows: Hour 8/7/2007 MNI Voicemail from Ollie K regarding need fo d s Amount r agen a summary for council meeting; research status of 0.30 49.50 consolidation. 8/8/2007 MNI Review consolidation file and documents; draft notice of 2 10 public hearing on EDA/HRA merger; draft email memo to . 346.50 Ollie K on schedule and required steps. 8/8/2007 MNI Phone conversation with Ollie about schedule for 0 20 consolidation, change in planned council workshop date. . 33.00 8/14/2007 MNI Phone conversation with Ollie K regarding various is sues on EDA membership, consolidation of HRA and EDA. 0.50 82.50 9/17/2007 MNI Review EDA/HRA consolidation documents i n preparation far council worksession on 9-24. 0.60 99.00 9/20/2007 MNI Tbd 0.60 99.00 9/23/2007 MNI Review EDA and HRA Acts; review consolidation 1.20 198 00 requirements and documents; review enabling resolutions . and ordinances. 9/24/2007 MNI Meeting preparation - HRA/EDA consolidation . 1.10 181.50 9/24/2007 MNI Summary of steps needed for consolidation of HRA/EDA for meeting. 1.00 165.00 9/24/2007 MNI Travel and meeting with Council regarding consolidation of 3 D0 495 D0 HRA and EDA. , . 9/26/2007 MNI Draft notice of public hearing for EDA/HRA consolidation 0 30 9/26/2007 . MNI Phone conversation with Dawn at City regardin . 49.5D g publication of hearing notice; email notice, 0.2D 33.00 9/27/2007 MNI Draft enabling resolution for EDA with HRA powers 0 3 , . 0 49.50 9/27/2007 MNI Draft resolutions: HRA transferring powers EDA consent 0 50 , . . 82.50 10/1/2007 MNI Phone conversation with Joel Jamnik at Campbell 0 5 Knutson regarding enabling ordinance amendment; draft . 0 82 5D C_ C. Page: 4 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 Ci of Monticello ty October 31, 2007 10/3/2007 MNI 1014/2007 MNI 10/5/2007 MNI 10/7/2007 MNI 10/8/2007 MNI 10/10/2007 MNI 10/10/2007 MNI 10/12/2007 MNI 10/14/2007 MNI 10/15/2007 MNI 10/17/2007 MNI 10/23/2007 MNI 10/26/2007 MNI 10/26/2007 MNI 10/29/2007 MNI ~~~-.1'0/~0'/20.0~..~~ ~, Gop~ amendment to enabling ordinance. Draft enabling documents for EDA/HRA consolidation; 1.60 264.00 office conference with J Eddington regarding same. Draft amended and restated enabling resolution, transfer 1.90 313.50 resolution, ordinance. Revise Enabling Resolution and ordinance. 0.30 49.50 Revise enabling resolution and ordinance, EDA consent 1.30 214.50 resolution. Review and revise resolutions and ordinance. 0.60 99.00 Email correspondence to Ollie K at HRA regarding status 0.20 33.00 of consolidation documents. Review and finalize resolutions and ordinance and send to 2.30 379.50 City for review and comment. Draft EDA transcript of proceedings and resolution 0.40 66.00 consenting to transfer of HRA powers. Finalize and circulate EDA resolution. 0.30 49.50 Phone conversation with Ollie regarding suggested 0.30 49.50 changes to HRA/EDA merger resolutions. Phone conversation with Ollie K regarding changes to 0.90 148.50 resolutions; revise and send resolutions. Revise Enabling Resolution per comments by Ollie K. 0.30 49.50 Revise HRA resolution; voicemail to Ollie K regarding 0.50 82.50 information needed to complete exhibits. Phone call with OIIie K regarding need for information to 0.20 33.00 complete HRA resolution transferring powers to EDA. Review attachments for HRA resolution from City; 0.80 132.00 corporate into resolution. nalize resolution and send to Ollie at City. 0,40 66.00 Total Services : $ 4,075.50 '. ~~ \ Z. I Page: 5 ~ K,~,,,,;r~4 ~._K ~~-,r~ Kennedy & Graven, Chartered 200 South Sixth Street -~w `~'~ Suite 470 S Minneapolis, MN 55402 City of Monticello - '~ p ll~e. o~c -ra ~~Y. . October 31, 2007 Code; Lnit~a~. For All Disbursements As Follows: 9/24/2007 Martha Ingram; Mileage Expense 46.08 Total Disbursements: $ 46.08 Total Services and Disbursernents:~ 4,121.58 (~} ~`' ~ .~ ~ .r~~~:~w~ ~~~~,~r~[J.o • EDA Agenda - 01/1b/08 b. Re art of the Executive Director. a) Upcoming conferences - - Economic Development Association of Minnesota (EDAM) Conference -January 17 & 18, Bloomington - Ehler's Public Finance Seminaz -February 14 & 15, Northland Inn, Maple Grove. - Wright County Economic Development Partnership Annual Breakfast Meeting - January 18, River City Extreme Entertainment Center. b) Committees - Mazketing Committee meeting will meet on Friday, Januazy 11. Check out the updated www.monticelloland.com site. - Continuing Education Committee -Need to schedule next meeting of the Continuing Education Committee which will have three new additional members: Lynn Olson, Monticello Big-Lake Community Hospital; Pat Thompson/Brad Sawatzke, Monticello Nuclear Plant; and Tim Sarracco, Cargill Kitchen Solutions The meeting will include Rosie Martenson, Anoka-Ramsey, and Doug Parr, Owatonna Community College. - IDC -The IDC is working with the City Attorney who will draft a resolution with blanks to be completed by the IDC. The resolution will include an agreement to formalize the relationship between the IDC and the City. A subcommittee of the IDC is defining the role and organizational structure far recommendation to the IDC and Council. This resolution (agreement) will be approved by bath the City Council and IDC. c) Washburn Computer Group - I contacted Allen Wentland relative to the non- performance date for EDA approved GMEF Loan No. 029 in the amount of $275,000 associated with the proposed approximate 30,000 sq. ft. expansion. Disbursement of the funds were subject to an applicant and customer-client executed contact, evidence of lender commitment, and site/building approvals. The Business Subsidy/GMEF Guidelines state: If loan funds are not disbursed within 180 days of the EDA approval date, the loan becomes null and void. Approved GMEF Loan Na. 029 becomes null and void on February 8, 2008. The company has the option to request an extension of the non-performance date up to an additional 120 days subject to a written request at least 30 days prior to the expiration of the non-performance date and by approval of a majority of the EDA membership. d) Landmark Square II - At the last EDA meeting, the commissioners amended and extended the construction commencement and completion dates to May 31, 2009, and December 31, 2009, respectively, for Barry Fluth's proposed project located at Third and Locust Street. The EDA commissioner's requested the Planning Commission address the maintenance of the vacant property with Mr. Fluth's request for an extension of his CUP. At the January 8th Planning Commission meeting, the commissioners recommended approval of the Landmark II CUP extension to January 1 EDA Agenda - 01/16/08 1, 2009 including two conditions: disconnection afservices and site maintenance. e) Ehler's Fee Schedule for establishment of TIF Districts - EXHIBIT A attached is a copy of the flat fee schedule for establishment of TIF Districts. Informational purposes only. The fee approved by the EDA at the last meeting was associated with contracted hourly work. f) 2007 EDA Cashflow Projections - Since a commissioner asked about the fund balance of the Greater Monticello Enterprise Fund (EDA), I've attached EXHIBIT B, the projections for 2007. There are currently five active loans and based on the projected expenditures, the expected cash balance, December 2007, was $453,213.06. The 2008 cashflow projections will be a part of the EDA annual meeting in April. g) In the annual December 2007 report to the State, the principal and interest payback from the Twin City Die Castings Loan (Federal grant) totaled $595,$75.60, and does not include interest income -investment. These dahars available for job creation and restricted to Federal guidelines, Balloon payment was made June 2007. h) The balloon payment an the UMC ($200,000 State Grant) is due April 1, 2008. The first $100,000 plus interest payback is available for job creation in Monticello and the remaining principal and interest is returned to the State.. i) Need to record at the County the four Deeds transferring HRA properties to the EDA as well as the Certification of Completion for WRE Properties. j) EXHIBIT C is a copy of suggestions drafted by the Executive Director for future downtown redevelopment planning purposes at the request of the Administrator and Mayor. Informational only. k) Next EDA meeting -review for possible amendment: EDA Business Subsidy Criteria, Transformation Home Loan Program Criteria, Land Performance Criteria and Covenants, and deposit amounts. 1) Conflict of Interest of EDA officers - No TIF ar GMEF Loan. If funds are provided by State or Federal, an EDA officer can disclosure and sign Conflict of Interest and refrain from discussion and vote. • C~ ~~ ~~ r~ ~~~.~~~ MONTICELLD ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) ~") ` 2007 CASH FLOW PR0~7ECTION ~,~~ GINNING CASH BALANCE, January 2007 $ 815,355.45 RECEIPTS Appropriations, Expected - MZF Fed ar State $ -0- Notes Amartizatzon Payments - Tapper Inc. -0- Muller Theater -0- SMM, Inc. -0-- Aroplax Corp. -0-- Custom Canopy, Inc. -0- Standard Iran -0- Vector Tool -0- Tapper' s I I -0-- SELUEMED -0- T.J. Martin -0- Mainline Distrib. -0- Aroplax Carp. II -0- TCDC "0- IRTI -0- EDMA -0-' VisiCom ~0- UMC ($1,084.33 Mo.) 3-08 $ 13,011.96 Tapper III($524.76 Mo.) 5-08 $ 6,297.12 WSI ($1,483.49 Mo} 6-09 $ 17,801.88 Tapper Holdings ($1,417 Mo.) 7-10 $ 17,004.00 Karlsburger Foods($1,714.83 Mo.) 3-12 $ 15,433.65 Interest Income - Investment (est.) $ 50,000.00 Loan Fees $ 200.00 Loan Fees Other $ 3,000.00 Miscellaneous -O- TOTAL RECEIPTS $ 122.1.748.61 TOTAL BEGINNING BALANCE AND RECEIPTS $ 938,104.06 EXPENDITURES GMEF Loans - Karlsburger (2-07) $ 200,000.00 Other $ 100,000.00 Re-payment to Liquor Fund 2006 $ 80,891.00 (eudget year 2007) Re-payment to Liquor Fund 2007 $ 100,000.00 (Budget year 2008) gal Fees $ 3,000.00 ~cellaneous 1 000.00 TOTAL EXPENDITURES $ 484_,891.00 EXPECTED CASH BALANCE, December 2007 $ 453,213.06 r~ ~J A. B. C. • DOWNTOWN REDEVELOPMENELO MENT D RECTOR OLLIE KOROPCHAK, ECONOMIC DEV c. Develop and go aut far RFP for preparation d. Other. ~DINC, OPTIONS TO SUPPORT THE MASTER PLAN/STUDY: D. DISCUSS GAF F (Ehlers & Associates.) *EDA Levy * TIF * Limited Partnership (stakeholders) * Tax Abatement * Ci Investment * Minnesota Housing Finance Agency * O~ r * Redevelopment Grants E. PROMOTE "DOWNTOWN MASTER PLAN/STUDY." EDUCATIONAL WORKSHOP FOR NEW EDA CROFR NIT REVITALIZATION PLAN. REVIEW THE DOWNTOWN AND 1tiVE 1. TOWN REDEVELOPMENT: 2. PROVIDE HISTORY OF DOWN ro ect costs, TIF assistance and gap. a. Case Study of proposed Van Heel such asp ] market demand and b. Understanding that downtown redevelopment is driven by collaboration of property °~'n~s' 3, Case Study of Elk River Downtown Redevelopment. W TO GET THE PROPERTY OWNERS "TO TAKE OWNERSHIP DETERMINE HO AND DRIVE REDEVELOPMENT." Get them involved early. SS AND DEVELOP A "MASTER FLAN/STUDYROD VE O MENT DISCU REDEVELOPMENT" WHICH'ENOCOU~ FISHED REDEVELOPMENT PR07ECT. RESULTING IN A UNIFO~ FL DISTRIBUTION TO INTERESTED REDEVELOP~E Y ALAN TOS A FLAN FOR ~, VISIO COMMUNITY DRIVEN (OWNERSHIP DRIVEN.) CREATE EXCITEMENT. a. Define boundaries. b. Key elements to include but not limited to: including intersection design. * Transportation: Highway 2S and Broadway * Interr-al traffic and pedestrian circulation. arks, gathering places). * Pedestrian connection within red evelo m nt area (such as yMCA/Big Lake) * Trail/sidewalk connections to red p * Farking (deck/ramp/surface) * Housing (owner-occupied/rental), retail, or other. * Landscaping/lighting/utilities. * Other. of a Master Plan. • EDA Agenda - 01/16/0$ 9. New Business• 9A. Consideration to ado t a Resolution awardin`_the Salrc'of P nb~ i pose Qbli~atione A. Reference and back round: On November 26, 2007, the City Council moved to support the EDA in their action to proceed with refinancing of Revenue Band Series 2000A. Fallowing a presentation by Tadd Hagen, Ehlers & Associates, an December 18, 2007, the EDA adopted a resolution providing for the sale of $6,100,000 Public Project Revenue Refunding Bonds, Series 2000A. At the City Council meeting of January 14, 2008, it is anticipated the City Council will adopt a resolution giving final approval to issuance of Public Fraject Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation) related to certain public facilities and agreements related thereto. Therefore, the said resolution is before the EDA foW d aptend the EDA m et ng to provide the Associates, and Steve Bubul, Kennedy & Graven, principal and interest payments of the bonds and to answer questions. The said resolution before the EDA simply outlines the background and actin 1998 Bonds and taken and associated with the Housing a eements.l Various dotcuxnents~aEre identified within the the 2000 Refunded Bonds and vanous gr said resolution for approval and execution. These documents are not distributed to the Authority in the agenda packet; however, they are available at the Office of the Authority for review. The documents are long and complex, and don't really have the provisions that the Authority needs to understand as a policy m is on the bondsrtandithat the eases subject to the understand the principal and interest paymen city's right afnon-appropriation. The following is a list of the documents: a) Amended and Restated Ground Lease between the City and EDA (community center). b) Amended and Restated Lease-Purchase Agreement between the City and HRA (community center). c) Assignment and Security Agreement between the EDA and US Bank National Association, as Trustee. d) Trust Indenture between the EDA and ~n ha EDAt~and US Bank N tionalrustee. e) Escrow Agreement (Series 2008) betty Association, as Trustee and Escrow Agent. C~ EDA Agenda - O1/lb/08 f) The Official Statement far the Bands. Again, Mr. Hagen and Mr. Bubul will be present at the EDA meeting of January 16, 2008. B. Alternative Action: 1 • A motion to adopt the resolution awarding the Sale of Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation). 2• A motion to deny adoption of the resolution awarding the Sale of Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello Minnesota Lease Obligation.) 3• A motion to table any action. C. Recommendation: Assuming the interest rate on the bonds are favorable, the EDA Assistant Treasurer and Executive Director recommend Alternative No. 1. D. Su ortin Data: EDA resolution for adoption. RESOLUTION NO. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION AWARDING THE SALE OF PUBLIC PROJECT REV MONTI~CELLO~N MINNESOTA IE LEASE (CITY OF OBLIGATION) BE IT RESOLVED By the Board of Commissioners of the City of Monticello Economic Development Authority (the "Authority"), as follows: Section 1. Recitals. 1.01. The City of Monticello, Minnesota (the "City") is authorized by Minnesota Statutes, Section 465.71, as amended, to acquire real and personal property under lease-purchase agreements. 1.02. Pursuant to a Ground Lease, dated as of December 1, 1998 and amended as of between the City and the Housing and March 1, 2000 (the "Original Ground Lease ), the HRA Redevelopment Authority in and for the City of Monticello, Minnesota (the "HRA"), acquired a leasehold interest from the City in certain property located within the City (the "Site"). 1.03. Pursuant to aLease-Purchase Agreement, dated as of December 1, 1998 between the HRA and the City, the HRA leased the Site to the City in connection with the acquisition, construction and equipping of a community center, armory and city hall (the "Facilities") financed by the issuance of the HRA's $7,385,000 Temporary Public Project Revenue Bonds, Series 1998 (the "Series 1998 Bonds"). 1.04. The HRA refunded the Series 1998 B2000A BondsS) which issuan esroquired an Project Revenue Bonds, Series 2000A (the "Series Amendment Na. 1 to the Lease-Purchase Agr Bement, dated as of March 1, 2000 (such agreement, as amended, is referred to as the "Original Leas ) 1.05. By Resolution No. 2007-85, adopted on October 22, 2007, the City Council of the City transferred the control, authority and operation of all projects of theuHwant tocMinnesota Series 2000A Bonds and all agreements related thereto, to the Authority, p Statutes, Section 469.094, Subdivision 2. 1.06. The Authority is authorized by ~~ on o f ~e Facilitiespandr Blot d Costs and to issue and sell revenue bands to finance the cans issue bonds to refund such bonds. 1.07. In order to refund the Series 2000A Bands in advance of maturity, the Authority proposes to issue a series of revenue bonds in the aggregate principal amount of $ ' designated as "Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, 326498v2 AJP MN 190-128 Minnesota Lease Obligation)" (the "Bonds"), pursuant to a Trust Indenture, dated as of February 1, 2008 (the "Indenture"), by and between the Authority and U.S. Bank National Association, as trustee (the "Trustee"). 1.08. Proceeds of the Bonds will be used to pay casts of issuance of the Bonds and to fluid the escrow account established to effectuate refunding of the Series 2000A Bonds, all pursuant to the Escrow Agreement (Series 2008A), dated as afFebruary 1, 2008, between the Authority and the Trustee, as escrow agent, (the "Escrow Agreement"). 1.09. Concurrent with the issuance of the Bonds, the Authority has deemed it necessary to enter into an Amended and Restated Ground Lease, dated as of February 1, 2008 between the City and the Authority (the "Ground Lease"), and an Amended and Restated Lease-Purchase Agreement, dated as of February 1, 2008 between the Authority and the City (the "Lease"), which supersede in all respects the Original Ground Lease and the Original, Lease, respectively. 1.10. Pursuant to an Assignment and Security Agreement, dated as of February 1, 2008 (the "Assignment"), the Authority will assign to the Trustee all of the Authority's right, title and interest in and to the Ground Lease, the Lease and the Lease Payments to be made thereunder (except far certain rights to indemnification and payment of expenses and advances), as security for the Bonds. 1.11. Forms of the Ground Lease, the Lease, the Assignment, the Indenture, the Escrow Agreement and the Official Statement for the Bonds have been prepared and submitted to the Authority and are on file with the Authority. Section 2. Sale.of Bonds. 2.01. The proposal of (the "Purchaser") to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year' of Interest Maturity Rate 2009 2010 2011 2012 2013 2014 2015 2.02. The Authority will forthwith issue and sell the Bonds in the total principal amount of $ ,originally dated February 20, 2008, in the denomination of $5,000 each ar 326498v2 AJP MN190-128 2 any integral multiple thereof, numbered No. R-1 upward, bearing interest as above set forth, and which mature serially on February 1, in the years and amounts as follows (subject to extraordinary redemption and prior payment as set forth in the Indenture): year Amount 2009 ~ 2010 2011 2012 2013 2014 2015 2.03. Execution Authentication and Delive The Bonds, substantially in the form provided in the Indenture, will be prepared under the direction of the Authority staff and executed on behalf of the Authority by the signatures of the President and one other officer of the Authority, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution ar the Indenture unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Trustee. When the Bands have been so prepared, executed and authenticated, the Authority will deliver the same to The Depository Trust Company, New York, New York, an behalf of the Purchaser, upon payment of the purchase price, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. A royal and Execution of Documents. The Ground Lease, the Lease, the Assignment, the Indenture, and the Escrow Agreement described in Section 1 are hereby approved. The President and one other officer of the Authority are authorized and directed to execute and deliver the Ground Lease, the Lease, the Assignment, the Indenture, and the Escrow Agreement on behalf of the Authority, substantially in the forms on file, but with all such changes therein as shall be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. Copies of all of the transaction documents shall be delivered, filed and recorded as provided therein. The President and other officers of the Authority are also authorized and directed to execute such other instruments as may be required to give effect to the transactions herein contemplated. Section 4. Pa ent• Securit 'Fled es and Covenants. The Bonds are payable from the Lease Payments to be made by the City under the Lease and from other moneys provided by the City or realized by the Trustee after default or termination of the Lease by the City as provided therein. No property or funds of the Authority, other than the property pledged pursuant to the Indenture and assigned to the Trustee pursuant to the Assignment, is pledged to the payment of the Bonds. 326498v2 AJP MN 190-128 3 Section S. Refundin • Findin s' Redem tion of Refunded Bonds. 5.01. Reduction of Debt Service Cost. It is hereby found and determined that based upon information presently available from the Authority's financial advisers, the issuance of the Bonds is necessary and desirable for the reduction of debt service costs to the Authority and the City. 5,02. Redem tion of Refunded Bonds. The Series 2000A Bands maturing on 1~ebruary 1, 2011 and thereafter will be redeemed and prepaid on February 1, 2010. The Series 2000A Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set faith in the Indenture and the Escrow Agreement. Section 6. Authentication of Transcri t' Issuance Costs. 6.01. The officers of the Authority are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bands, certified copies of proceedings and records of the Authority relating to the Bonds and such other certificates, affidavits and transcripts as maybe required to show the facts within their knowledge ar as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the Authority as to the facts stated therein. 6.02. The preparation and distribution of the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds is hereby approved. Section 7. Tax Covenants. 7.01, The Authority covenants and agrees with the holders from time to time of the Bands that it will not take ar permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds 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 may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing ar as hereafter amended and made applicable to the Bonds. 7.02. In order to qualify the Bonds as "qualified tax_exempt obligations" within the meaning of Section 265(b)(3) of the Code, the Authority makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the Authority hereby designates the Bonds as "qualified tax-exempt obligations" far purposes of Section 26S(b)(3) of the Code; 326498v2 A,IP MN190-128 4 (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified S01(c)(3) bonds) which will be issued by the Authority (and all subordinate entities of the City) during calendar year 2008 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the Authority during calendar year 2008 have been designated for purposes of Section 26S(b)(3) of the Code. 7.03. The Authority 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. (The remainder of this page is intentionally left blank.) • • 326498v2 A1P MN190-128 5 Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this 16t~ day of January, 2008. President ATTEST: Secretary L` 326498v2 AJP MN190-128 EDA Agenda - 01/16/OS 9. New Business• 9B. Consideration to a rove the Certificate of Com letian for WRE Pro erties LLC. A. Reference and back round: The HRA entered into a Preliminary Development Agreement with Brian W ~ k20~Walker ln- Store, on January 31.2007, and a deposit of $10,000 was made on February , The HRA and WRE Properties, LLC entered into a Purchase and Redevelopment Contract on April 11, 2007, for conveyance of land (5.77 acres {1.5 acres developable}) associated with the construction of a 10,240 sq ft building located along Dalton Court in the Monticello Business Center and the creation of at least 11 jobs at an average wage level of $18.81 per hour without benefits. According to the Contract, the Developer must substantially complete construction of minimum improvements by December 31, 2007. Promptly after substantial completion of the minimum improvements, the Authority will furnish the Developer with a Certificate of Completion. if at any time the Authority determines that the deposit is 1 ssduafis ~ ~ o~ elpAaf anwritten notices, the redeveloper is obligated to pay such shortfall wxtlun y from the Authority containing evidence of the unpaid costs. The Building Department issued a Certificate of Occupancy for the property on December 20, 2007. Accordingly to a print-out from the Finance Department, the administrative cost shortfall is $6,010.05. B. Alternative Action: 1. A motion to approve the Certificate of Completion for WRE Properties, LLC notifying the developer of the $6,010.05 Administrative Cost Shortfall. 2. A motion to deny approval of the Certificate of Completion for WRE Properties, LLC. 3. A motion to table. C. Recommendation: Given the developer was issued a certificate of occupancy by the Building Department, the Executive Director recommends Alternative Na. 1. • EDA Agenda - O1/ld/08 D. Su ortin Data: Copy of Certificate of Completion, Certificate of Occupancy, Administrative Costs, and excerpt from Contract. • z ~ • CERTIFICATE OF COMPLETION WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota, a public body, corporate and politic (the "Grantor"), by a Deed recorded in the Office of the County Recorder in and for the County of Wright and State of Minnesota, as Deed Document Number A 1062690, has conveyed to WRE Properties, LLC (the "Grantee"), the following described land in County of Wright and State of Minnesota, to-wit: Lot 2, Block 1, Otter Creek Crossing 3~ Addition, Wright County, Minnesota and WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantar to permit the execution and recording of this certification; and WHEREAS, the City of Monticello Economic Development Authority has assumed all powers and projects of the Grantor, including without limitation the agreements and covenants in the Agreement described in said Deed, and is authorized to execute this certification as assignee of the Grantor. NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Article 1V of the Agreement (as described in said Deed) have been performed by the Grantee therein, and the County Recorder in and for the County of Wright and State of Minnesota is hereby authorized to accept far recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of Article IV of the Deed, but the covenants created by Sections 3 and 4 of said Deed shall remain in full force and effect. 326965v1 MNI MN190-125 • Dated: 2008. This instrument was drafted by: Kennedy & Graven, Chartered (MNI) 470 U.S. Baaak Plaza Minneapolis, Minnesota 55402 326965v1 IvINI MN190-125 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Authority Representative • City of Monticello CERTIFICATE OF OCCUPANCY This Certificate is issued certifying that at the time of issuance, this structure was inspected for compliance with the requirements of the2003 Minnesota State Building Code and ordinances of the City regulating building construction for the following: Building Address: 3161 DALTON CT pIN; 155194001020 Legal Description: OTTER CREEK CROSSING 3RD ADDN Black 1 Lot 2 Zoning District: Permit No: Work Activity: Construction Type: Occupancy: Occupant Load: Fire Sprinkler: 2007-00651 NEW CONSTRUCTION VB B + S-1 :., , . , Y Owner Nanne: WRE PROPERTIES, LLC Owner Address: City, State, Zip: > Gary Anderson, Building Official #0909 Comments: 2- Date Q '-I Q N N N f'1 M M f'1 N l7'1 O O 47 a' L(1 OD ~ .a ra N •~ M ~^'1 M M cn (A [17 M N [~ lD lp t ' a ~ ~ i- r- r1 M P o t- rn m ~ ut 1p 7T e ~~ ~~ w U w h ~ ~ ~~~~ ~~ ~ ~ t_ r ~ r n [~ t• n [~ r~ ~ [~ r- [~ H W ~ 4 O O 0 0 0 0 0 0 O P O P O P ' 1 b 4 0 ~Q100 4C' P1fI Q7 O1 V' f M M M 4 O 1'7 M f'1 N rl O H r^i N N W Q1 01 Ql t70 CA N N ~ L(1 L71 [~ ~ ~ lf1 ~ O O O POrI '-I d0 000 44 P w cN- O ~ ~ ~ ~~~~ 57 ~~~ 5~ 7 o H~ W H i C*. 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G ~ C ~,C T~ ~] 7 `~.MMW MM f'1 7 ' Y ~f'1M MME' MM' L A4 ' ~ ' , , . . . r MMd t^ )d MMd ~~NNr-I NN~~~NN~~NN~N NHNNr-INNr-1NN ~~ O ~~ Cn Lft '~~ H C4 t71 W W A w L(1 Lft l11 ab t7D CD p7 NCO Q Q CO Q CL f''1 r-I H r-I MMMM HM ~~ ~H W w ut M a o U ~, w w Wwww au~ aaw zz N '~ H Q' ~ ~"~ x T T w H p H . . . + HH HH I ~ ~ ~ HHHH [nF ~3E-+ as r H Zo O P 0 0000 PO OPO OP 0 H~ ~ ~ ~ ~~~~ ~~ ~~~ ~~ ~ C- 7 G.~O1 71N O P 0 O~DI~~ QO ri~01 O W M M M NH00 f't rl NON Nr-I O v1~ E ~ ~ ~ -~r~~ ~~ ~~~ ~~ ~ •' ' ~ U H F~ 1 d 41 Ot ~1 ~O [~ N N 01 t!1 r+t l0 CO ( ~0 (] O O 6 00ri '-I OP OOP 00 0 ~n , ~ ~ ~ 1' ~ J~ -~ ~J ~~ ~~ .. ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ p O .r ~ s~ ~ ~ ~ ~ ~ i ~~~~~~~ i ~ ~ ~ ~ -~ ~ r ~' ~ ~ /~ r .~ ,~ Page: 2 ~ ; ~ ~ \ t Kennedy & Graven, Chartered ~~ 200 South Sixth Street Suite 470 Minneapolis, MN 55402 ity of Monticello October 31, 2007 MN190-00125 Economic Development TIF (Walker Design) Through October 31, 2007 For All Legal Services As Follows: Hours Amount 8/2/2007 JMP Prepare closing book; transmit information to EDA. 1.00 115.00 Total Services : $ 115.00 For All Disbursements As Follows: Postage 4.60 Photocopies 15.00 Total Disbursements: $ 19.60 Total Services and Disbursernents:$ 134.60 CIlY OF P~CNTICELLO O K TQ PAY? b Gods: a~3 . ~-~.~ S 3 ~C . 3o'>ro Inifi6~1: ~- ~ 1 ~a (d) Reports. The Redeveloper must submit to the Authority a written report regarding business subsidy goals and results by no later than February 1 of each year, commencing February 1, 2008 and continuing until the later of (i) the date the goals stated Section 3.8(a)(3) aze met; (ii) 30 days after expiration of the period described in Section 3.8(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.8(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Redeveloper regarding the required forms. if the Redeveloper fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. Section 3.9. Payment of Administrative Costs. The Authority acknowledges that upon execution of the Preliminary Agreement, Redeveloper has deposited with the Authority $10,000. The Authority will use such deposit to pay "Administrative Costs," which terra means out of pocket costs incurred by the Authority and City together with staff costs of the Authority and City, all attributable to or incurred in connection with the negotiation and preparation of the Preliminary Agreement, this Agreement, the TIF Plan, and other documents and agreements in connection with the development of the Redevelopment Property. At Redeveloper's request, but no more often than monthly, the Authority will provide Redeveloper with a written report including invoices, time sheets or other comparable evidence of expenditures for Administrative Costs and the outstanding balance of funds deposited. If at any time the Authority determines that the deposit is insufficient to pay Administrative Costs, the Redeveloper is obligated to pay such shortfall within 15 days after receipt of a written notice from the Authority containing evidence of the unpaid costs. If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of this Agreement, the Authority shall promptly return such balance to Redeveloper; provided that Redeveloper remains obligated to pay subsequent Administrative Costs related to any amendments to this Agreement requested by Redeveloper. Upon termination of this Agreement in accordance with its terms, the Redeveloper remains obligated under this section far Administrative Costs incurred through the effective date of termination. (The remainder of this page is intentionally left blank.) C EDA Agenda - 01/16/08 9. New Business: 9C. Consideration to review bids for Demolitian of Structures at Cedar Street Garden Center Ci Pra'ect No. 2007-20C and consideration to award of Contract far Buildin Demolition and Site Pre oration and a urtenances includin Hazardous Material Removal and Dis asal. A. Reference and back round: The HRA purchased the Cedar Street Garden Centex for $450,000 and closed on June 25, 2007. The sellers were allowed to occupy the facility until year-end 2007. At the November 7, 2007 HRA meeting, the commissioners authorized the Executive Director the authority to award the building; materials inspection bid and award a demolition bid based on the recommendation of city staff. Cost of the HR.A not to exceed $500 for tank removal and soil testing. If cast exceeds $500, sellers become liable. Since the consolidation of the HRA. and EDA is complete, this appeax on the reconstituted EDA agenda. John Simala, Public Works Director, prepared the plans and specifications for Project No. 2007-20C including the Cedar Street Garden Center (excerpts EXHIBIT A.) and aCity- owned farm site. Proposals will be publicly opened and read aloud on Thursday, January 10, 2008, at 10:00 a.m. The Water Department capped the two wells on the EDA site. The City Council will review proposals/bids and award the Contract for the City-owned site on Monday, January 14, 2008 subject to award of the Contract by the EDA on January 16, 2008. Upon review of the plans and specifications, Gary Anderson, Chief Building Official, asked some questions about the Garden Center site: Removal offence, trees, and sign. See EXHIBIT B Full payment will be paid within 30 days upon completion and acceptance ofwork according to the Plans & Specifications. The bid tabulation and summary is not available to include in the EDA packet; therefore, they will be presented at the EDA meeting for review. The City (EDA) reserves the right to reject any or all proposals or to waive any informalities in the proposals. • EDA Agenda - O1/lb/08 B. Alternative Action: 1. A motion to award the Contract for building demolition and site preparation of the Cedar Street Garden Center and appurtenances including hazardous material removal and disposal at 201 East Broadway to in the amount of $ .The Contractor will furnish and pay for a satisfactory contract performance bond. Motion subject to award of Contract by City Council on January 14, 200$. 2. A motion to reject any or all proposals consistent with City Council action of January 14, 2008. 3. A motian to table any action. C. Recommendation: No recommendation is given since the bid tabulation and summary is not available. Council action of January 14 will be provided at EDA meeting. D. Su ortin Data: Excerpts from the Plan and Specifications and Gary's comments. ~~~~ ~ ~ INVITATION FOR PROPOSALS FOR CITY PROTECT #2007-20C A. BUILDING DEMOLITION AN ~ TH LNING QU,AORNTERS, OF A TWO-STORY HOME, POLE BARN A 1VIACHINE SHMEDATE~L REIViUVAL CAND DISPOSAL INCLUDING HAZARDOUS: AT. 8617 EDMONSON AVENUE NE MONTICELLO, MINNESOTA AND B. BUILDING DEMOLITIONCAND ER AND APAP RTENANCES OF THE CEDAR STREET GARDEN INCLUDING HA7-~DOUS MATERIAL REMOVAL AND DISPOSAL AT 201 EAST BROADWAY MONTICELLO, MINNESOTA FOR THE CITY OF MONTICELLO, MINNESOTA The City ofMonticello will receive proposals at the Monticello City Hall, Sea ~ ~ ad a oud~~te 1 ~ ~~ 10 a.m• Thursda Janua 10 2008. All proposals will be publicly open All proposals shall be inked or typewritten on forms to be supplied by the City. es of the Plans and Specifications maybe obtained from the ~ f Tice of Public Wanks at 909 Golf Course Road, Copi Monticello, Minnesota 55362. A bid bond is not required. The successful contractor will be required to furnish and pay far a satisfactory contract performance bond. of Monticello Council on Monday everting, January 14, 2008. The City Proposals will be considered by the City informalities in the proposals. reserves the right to reject any or all proposals or to waive any BY ORDER OF THE CITY OF MONTICELLO Jeff O'Neill City Administrator To be published in the Monticello Times: ~~ ~Q~2007 0X/03/2007 q 6- F~WDMIN\WONPracUGHN\SPECS\DEMOLIYION • FARMSITE ON EDMONSON AND CEDAR 5T GARDEN -SPECS • 2~a7.wpd 4" well drilled in 1997. This well has notbeen se ~ee eal~ae~c pow c~ Qr the waterline from the well leads to the house as does rior to the start of the well. Power to the home will be terminated by the'City p demolition. ~ #6: Building #6 is an underground structure which is a concrete pit 1 S' x 20' x 4' deep Build g it for:loading grain and other farm products. which served as a p azardous Building Material~inspechori R-~°rt for 8617 Edmonson Avenue NE shows that The H on ceiling the farmhouse, which is Building #4, contains asbestos products. o ~~~~r~Yl ~oleum texture contained 2% ~'Ys~ file ~bestos. -'lie white fibrous backing contained ~% crys~ file containeed 40% crys~ the asbestos. The exterior white window caulkirig is to have less than 1 asbestos. The attic vermiculite insulatio ~twtt~of the armhouse. Plelase rrefer to the Hazardous thermalite/actinolite in the areas of the was also uildin Material Inspection Report for recommen~ons on these materials. In addition, the water B g thermostats and fluorescent lighting heaters, electrical boxes, smoke detectors, mercury found in the farmhouse, Building #4 and in Building #3 • taitriin materials ection Report indicates that no asbestos con g The Hazardous Building Material Insp #2 and that no asbestos containing materials ar other hazardous materials were found in Building were found in Building #3. Monticello, Minnesota g, Cedar Street Garden Center, 201 East Broadway, uildin is of wood frame construction and is 34' wide x 91' long. The The main garden centerb g line. It has a 9 `/Z' x 6' entry way and north end of the building is within 1' to 1'/Z of thalP~o a amfr ebuildinghas brick veneer on the a 16' x 16' shed added on one portion. 'This origin a fuel oil furnace. Theme south and west sides and asphalt shingles. The main bw.lding is heated by is a buried fuel oil tank. along the exterior of the south building wall. The vent and fill pipes are eastern onion of this original building visible above ground. A pole building has been built an th p overla s a rlion and is 3 S' x 91' and has a corrugated fiberglasX half roof and sides. This building P 'wood frame garage with asphalt shingles iri the ofthe original building. There is also a 20 northeast earner of the site. numerous bituminous driveways and parking areas throughout the site along with There are concrete slabs inside the buildings and outside. dazes Building Material inspection Report for this garden center building shows that the The Hazar „ „ een floor file on the sales black floor file mastic associated with s 1~ addition the beige Hoar tileby the office area contains floor contains 10% crystal rile asbesto S% c stal file asbestos. Other hazardous building mth~o tats and fluorescent 1 gliting. ry heaters, electrical boxes, smoke. detectors mercury 2.02 SCOPE orremoval ofthe existingbuildings as shown for removal Q ~ floorslabs a) W ark includes the demohtion roofs, posts, support columns, and as described aboves ~~~e resulting xa vations shall be filled, compacted and leveled with suitable (including all footing ) F;WDMIN\WordP,vcl1OHN~4PECS\DEMOL~TION-FARMS~TEON EDMONSON ANO CEDAR ST GARDEN -SPECS-2007.wpd _ .. ._ • • !;y 1 ~I '11 1 '~ I a 'stir site ular material if available. Granular material is availab~at~~O and loading, tru pklg one, exi g ~ City free of charge. The contractor will be responsible for loosening p placement of these materials. fiances, um s, brick, concrete, plaster, wood, wire, ~~s~ steet b) All debris, including rubbish, furnaces, apP p p i e block foundations, miscellaneous household waste, and other tike materials shall be removed fro~x Pp~ the site and properly disposed o£ latforms andwalks immediately adj acent or adjoining the buildings shall br c) All concrete slabs, curbs, p ~.kg area on the west, north and south of the building shah. removed. The access drives andbiturniricusP to remove the building and appurtenances. not be removed any further thati necessary dmanson Avenue NE and the Cedar Street Garden Center at 20e be~ent B~~rmet d) The farm site at 8617E ~~ inspections ha P both contain asbestos materials and otherhazard0us material. Req ection 2.08 and those materials containing asbestos over one p~ ri ~ ~~ Gee of the farmho be (see S ) a certified contractor under this contract prior to the start of the demob e attic vermiculite insulation will also have to be removed by a c~ertil hoxesntrmoke detectors, merca~3 th Miscellaneous hazardous materials such as water heaters, elec erinostats and fluorescent lighting will also have to be removed a~ Polipanl they are o be ep°~ ~ th contract. If any suspected hazardous materialsgare fOo~d~ o a ~orized contractor. immediately to the Owner for special handlin by 000 allon capacity) at 201 East Broadway shall be pumped empty and ~e fuel e) The fuel oil tank (l, g ro erly disposed of. The tank and fill pipe, vent pipe and a deuce of leaking shall be repo ed to the P p disposed of in accordance with applicable regulations. y City ASAP. ddition to the floor slabs at the Garden Center at 201 East Broadway the c°ntractor will be required ~ Ina ortion of the site. One is 66 ` x 22' (161 square yards, to remove the two concrete slabs in the southern p art of the Base Praposa and the other is 12.5' x 7.5 ` (11 square yards). This shall be included as p 2.03 UTILITIES The one existing well is to remain. intact. The existing water line into the house is to be a) securely capped at the edge ofthe building ee foundation audits locat on mark d The building to the well shall also be cut off at th demolition contractor shall protect this well, pipe and wire. The demolition contractor shall remove and dispose of all pipe found in any excavations. b) tics stems shall be pumped, and all tanks removed in their The two 5aivtary Sewer Sep y entirety and properly disposed of as part afp ed fact. The drain fields ar leaking t must also be removed and properly disp c The existing overhead electric service to the b ~~ s ~ of demo~i°°nhed will be ) disconnected by the City of Monticello pear to existin wells not noted or capped are found, contractor will notify the City, d) If additional g and the City shall have the wells capped under a separate contract. FtUDMIN\woldPrac~IOMN\SPECS\DEMOLITION - FARMSITE ON EDMONSON AND CEDAR ST GARDEN • SPECS - 2007,wpa e) There are other overhead and underground power lines in the area. Care must be exercised to protect these. ~ The propane tanks used for cooking and heat at the farm house and pole barn with living quarters have been removed. B. Cedar Street Garden Center 201 East Broadwa Monticello Minnesota a) The existing 1"copper water line intd `the building is to be securely capped 2' out of the foundation of the building. The two wells on site are to be protected even though they have 4e w li P~ o aOd east sandpoint is located northeast of the building (see drawings). The of the building (see drawing). b) The sanitary sewer service shall be securely capped 2' off of the foundation building. c) The existing overhead electric service to the building to be demolished will be disconnected ~ by the City of Monticello prior to the start of demolition. ~ d) The existing telephone service to the building to be demolished will be disconnected by the City of Monticello prior to the start of demolition. 2.04 PROTECTION a) Care shall be taken to control dust by watering, if necessary, and fire by arranging for fire control and extinguishers; and to keep passersby from enteri~g slleft tunattended b ore the demo it on~s co plete. demolition area once demolition begins if the s b) Fire Protection 1. The City ofMonticello will provide a water truck on site with 1,500 gallons ofwater during times of active demolition of the building barring freezing conditions. ~,. The fire department shall be notified immediately if a fire is discovered. 3 , Whenever a cutting torch or other equipment which might cause a fire is being used, the contractor shall keep fire extinguishers nearby and ready for instant use. c) The contractor shall remove all debris from the property over City-approved haul routes. A flagman may be required at 201 East Broadway during periods of heavy traffic. 'This cost shall be incidental and included in the Base Proposal. 2.05 SITE PREPARATION a) After excavations, onsite or imported clean granular material shall be placed anal compacted us~g vibratory equipment until level with original surrounding surface• The site shall be leveled or sloped and compacted sa as not to be a hazard to the general public at the completion of the demolition. C~'anular fill needed and not available an site will be provided by the City at n~act prlat no additional cast ~d frozen pile break up, loading, hauling, placing, leveling, by the co FiNDMIN\WvMPloc\1DHN\SPECS\DEM4LI71gN - FARM51TE ON EDMDNSON AND CEDAR ST GARDEN -SPECS • 2007.wpd 2.06 CLEAN ~ eft in a clean condition satisfactory to the City' a) The site will be 1 2.07 DISPOSAL SITE ~ landfill ;, fled demolition site, sanitary' shall roperly dispose of alk"materials in astate-permi shall provide landfill receipts for all , ~1e con~ctar P ations. The cantrac a center as required by N1P CA regal orrecycling including hazardous materials from Site A and Site B. demolition material, TERIAL INSPECTION REPORTS 2.08 H.AZAIZDOUS BUILDING MA esota (see attach),. ' W oaks Site); 8617 Edmor~n Avenue NE, Monticello, Minn a) pane Site (Future public see attached) Center, 201 East Broadway, Monticello, Minnesota b) Cedar Street Garden 2.09 AREA MAP ( See Attachment "A" ) 2.10 SITE MAP «B„ ( See Attachm~t ) 2.11 AERIAL MAPS (See Attachment "C„) • __„_,,,r,,,,, iT~~ . FARMSITE ON EDMONSON AND CEDAR SY GARDEN -SPECS - ~~~'~ C, BRAUN I NTERTEC ~ Table I. Asbestos $uilding Inspection Results' ""' Prouiding ertaineerrng and envii-anmental solutions since /95T ' "~ Client: City of 1vla nticella Location: Cedar G arden Center, 201 E. Braadway~ , Monticello, MN Date of Collection: November 29.2DD7 ' ~~,;. Project Na. SG07 -05253 Contains Ref. Client Estimated ~`, , Homogeneous iVtaterial Asbesittlis Sam le No. p Quantity/ it U Material i ns di Haz~rcf oryz" ' Cate Fanctianat Space Description (1!es/1`Io) (See Table. I.I) n s o Con t g 1 Main Building 12`x12' white and been Tile- No ~ CG-1-_ 2SOO s. f. ND checkered floor file and mastic ..,Mastic-Yes Main Building Beige l?'xl2' floor file and Tile-Yes CG-3 1~0 s.f. ND l j yellow mastic Mastic-Na Main Building Roof shingle and felt paper No CG-~ a 1000 s.f. ND 0 Main Building Attic insulation No CG-5 X1000 s.f. ND l ; f Main Building White ceiling texture Na CG-bA-F 2~D0 s.f. ND Main Building Drywall and'taping compound No CG-T X1000 s.f. ND D D Main Buildin; Diytivall and'taping compound y Na CG-8 ~ l OD0 s.f. ND is _ D ~ Exterior Window caulking No CG-9 b windows ND ` 1. Condition of ACM: ND =Not Damage d p =Dammed SD =Significantly Damaged 2: Elazard Category D - Na hazard -material does not contain asbestos. I -ACM with potential for damage. ? - ACA'l with potential for si~tificant damage. 3 -Dammed or significantly dammed asbestos-containing miscellaneous material. ~ - Damaged. nr significantly damaeed friable asbestos-containine theilmal system insula[ian. 5 - Damaged or siertiGcanth~ dammed friable asbestos-containing surfacing material. -. a r 9 C~ ~„ ' '~ :~' ti slaauw I NTE RTEC Table II. Bulk Asbestos ~.nalpi~cal ~Resul#s Providing engineering and enuiranmeritu so. utiorrr since ~ ~errt: City of Monticello Location: Cedar Garden Center, 20:1 E. Broadway, Monticello, MN Date of Collection: November 29, 2007 Project Na. 5C-07-052$3. ,~ Sample No. Sample'Lgcahon 1VIEatettial Asbestos Cont"ent,(%)~ CG-1 Main sales area by front entrance 12'x12' white and green. checkered floor the and mastic Tile: N_D:Z Mastic: Ch sotile 10 CG-2 Main sales.area by middle island 1.2'x1.2' white and green checkered floor tile.and mastic Tile: N:D. Mastic: C satile 10 CG-3 In narthem most.sales area by office. Beige I?'x12' floor the and yellow mastic. Tile: Chrysatile 5. Masticr N_D. CG-4 Covered. garden area Roof shingle and felt paper N.D. CG-S Attic entrance by office Grey attic insulation N.D. CG-6 $y front entrnce Wti'ite ceiling texture N:D.. CG-6A West of front entrance White ceiling texture N:D.. CG-6B Middle'af. sales Haar White.ceiling teatttre N:D.. CG-6G Middle-ofsales floor White ceiling texture N:D. CG-6D By island on sales. floor White ceiling texture N.D. CG-6E By island on sales floor. 'White ceiling texture: N.D. CG-6F North: sales floor by offices White ceiling'texture ND. CG-7 Above ceiling texture by island Drywall.and taping compound N.D. CG-8 H1UAC roam wall Drywall and'tapinb catnpound N.D. CG-9 Front far~ade. by entrance Window caulking N.D. I. Asbestos content is indicated as an approximate percent 6y area. 2. N.D. =None detected. • ATTACHMENT C AERIAL MAPS B CEDAR STREET GARDEN CENTER 201 EAST BROADWAY MONTICELLO, MINNESOTA w_..._,_.:~..~ ~.. ~.~ r.. I,~1 U 1' ~ ~ ca r) ~ ~~ ~'n . ~w ,, ';,! c . , b m ~ 'o K ~ y~ ~ Vi : }~~; +; ~, ,19' • a p y~ t1. w Q':o N~ w'J tV:U h ~ ~ ~~.' :IpC~ '~. . `~. 1" r•w~w..wr'w.wMrr ~.wr C: y~f ~ ' ~ " "~ yI.1~ A. M W ~. .} m ~ ' ~ O . ..r r r; ~ '~ v ~ ~ w W rn M m ~ ~-. V l~ K K w ~ C s~ K ti 4 ti ~ Q W at nc O ~v ~ ~ ~y t 1 V i t t' ~, w V +u t'[ A cY) ; ~N '~ ~ ~~, V N 'U ~ t~ (L• ~n'n :~ r~ N Y U r.~ x W N YJ fl, ~~ w d au ~6 ~L s"".. 4 ,~; ,~ :~ ~. x r a +n ~ + +, 1 ~ w N ~. ~ ' p,. ; ~ K ~ ~ ~~ ~ ~. ~ ~ , 1°1~'~ Y,, ~ ~ ~' ~ i /1 ~~ M I 1 a ~ ." 1 W, ~ ~ \~ ~~ C~" I , ... 1 ; ~ ~1~ = Y Vin sew J ~ jN w N 7 n ~ ~: F h a ~ +f r l 1~ J ( _~. I 'N ~ I yC ~ I ri ~l c ~ ~~ ~~~ ~ 1 ~. 1 1 ~ w .w .. r........ ...,..w'/ fll ~ ,,_.~ ,~.___~_~. .._.~____.,,, ..M_., ~ _,, ~ 1 ,, •n + + ~ 1' ~ ~ . w Fem. Vf r tv 1' ~, ~ ~ O if n ~ 1, ' ~ ` ~'~ ~ ~ ~) ti..r n ~ xu w ° 1 ~ ( w ~M nNr ~ ~ .u y ~ ~. i ~ sanaN N3]iu,~aA v~N~ tl~lsN„~S 4a. x "'....."....~`~" .. ~, G.. ~ ~ ;, °' ` 1 pow ~ ~ t,-<~d'jw 1 , r~lno~~ aM1 ao NI ~Il Ma.,dab TM .s ~ ~ ; ~ ~ ~ W ~ b ~ ,. ~ _._~ _~_ -.ate°N ~.~irn~yn~~~,5 ~~a ~v7 xoudd •_, ah ~..._ _.. ~ ., ti i, x ;.F.., 1 ~ ~ r, r~ '~- , w ~ ~r n .w h „~. I~-~'xv7+n ~~r+ ,r,~ a =4N ~ ~, j . x ~ y,• o ~ ~~.M~ '. r ~..~.,. •~ o F- ~. ,x qtyy ~ ,y.. _...~.,J'~ , r ~ ~ L~ y~ ~ ~ ~` ~ V` ~ yyn ~~ ~, N ~„ In ~ ~ ~ ~ ~ u ~ • ` p .~ ... _ _. ~--~ _____...~___._.._. ..__.w.n__.~.________._____.____ '~ ~N~~ ~1~~,~nad ~.' ~ ~~ 4 u y. <, . ~~~ .N. r ~. 4~*Q NI h cs U ~" q nC 4- -~ W ~ .J V ~ ~ ~ ~ r- ~ ,~ ~. f..7 3 ~- ~_~ u (' ~ - .n ~.O w~v .acJ ~ ~ 7~ v ;.~ ~w ~ ~~ cn~ ~~ ....~._......_-~.._.__r_.._ -..... aHl~ I~b~7 .. ~~~~I 1 N~Is r n r IY ~.) t/") n a w ~n l'~ ~ r --wr- d G.. L._1 ~~ ~r ' ~' ~.~~ ~~ C~ ~ 1 r F.- ( `^. +~ ~^' / •[r ~:~ ~ ~~ ~_ , ~~ ( W`) ~~ 'V ~.. 7 N j r ., ~r Oro d r ,* I 9 t + 1 ° N` -~ \ , a j n i~ ~~ nI f M7 ,~, .(~ '~. ~~ Y S i }, i f Fage 1 of 1 ~x ~. Ollie I From: Sent: Ta: Cc: ~(oropchak John Simola Wednesday, January 09, 2008 11:47 AM Bruce Westby Gary Anderson; Ollie Koropchak; Jeff O'Neill Subject: RE: Gary's questions on Building Demo Council Agenda Item To All, (1.) Cedar Street Garden Center; The Fence will only be removed where it is too close to the building to save. This portion offence abuts commercial use and residential use. The fence is not being reconstructed as part of the demolition project. The EDA owns the property and they will have to make decisions nn fence replacement and maintenance. The sign will not be removed as part of the demolition project. The auction signing will be removed by Public Works. The sign can be added to the project by change order or removed in the spring by Public Works. Only trees very near or touching the buildings may be damaged. No trees are scheduled for removal. (2.) Farm Site; The Public Works department spoke with Wright County Planning and Zoning and the Township. We were informed that no permits from either government body were required. The owner is required to properly dispose of all materials and keep such records. We have placed that requirement in the specifications with the demolition contractor. Thanks, John S. From: Bruce Westby Sent: Wednesday, January 09, 2008 11:17 AM To: john Simola Cc: Gary Anderson; Ollie Koropchak Subject: Gary's questions on Building Demo Council Agenda Item John: Gary has the following questions on the building demo agenda item: Cedar Street Garden Center - • Will the privacy fence be rerr~oved with the building? We should notify neighbors if fence is to be removed as it may be a point of contention. If fence will not to be removed with building will we maintain it? Will the sign be removed with the building? If not, when? How many trees will be removed from the site, if any, and where will they be moved to? Publi Works Site - . Will this work require a permit from the County since the site is in the township? I think these are good questions and they should probably be addressed in your report if they aren't already. Please call Gary with any questions. Thanks, Bruce • 1 /9/2008