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CC M ~ r ~ ~-cc,r, ~~ Y~nCI~ aooss_~U 9- ~ a-mss. flcce. -1- WoY-~.. ~~o ao0 to - C ~ooS-~5 ~. aa.oS Rcuz ~. ~~~) ~\a~ Rive.- v ~ ~~ S ~a re n~J boo ~'.. ~~~ 9 - ~ ~ ~~ Pic-c,n~ ~,~j P1c~J- `I~no~,~-,c~..11e Cow,~,~~ C~-~- iS`~.. .~toos~ - ~ l a - a a - QsU -~n e+~~ ~o ~ YY~ ~ l ~S ~ rd u r'~ ~.vo8- ~~ q -tea-off ~ssessr~e.~~ ~o~ ~u~~~~cc,'1 aar~--7oi ~1- a ~-.og _ ~~~~ I~.~ Qra a~o8'-~bC. ~~~, „` L ~^9~ ov~ 3.t~©$- $o ~ o - ~ 3 - ~& ~~~ ~- ~ ~~sst~.rtl -(-~,~ S-" ~° ~ ~, . l~ 1 `1 ~- oc~vs ~- S ~ 00$ - $ 1 1 d - ~ 3 -O~ re v~ ~ ~ i >„ O-r~ i Ci 9 aGO O J ~ b O A 1©03-~3 io-~3-ass es ~~e~1a~~ C-as-Js ~ ~~~~~~z- ,r e. o~ cASSmJ +'~c,1) ~oo~ -S$ 3 I~-3~-~5 ~e5 ~~08~, ~1„n veY.i ~~,~~~~~~ DAWN\EXCEL\FORMS\RESOLUT.XLS: 7/28/2008 City of Monticello RESOLUTION N0.2008-1 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Land of Lakes Choirboys Cash Contribution $5,000 Dan and Andra Olson Cash Contribution $100 Ro er and Carol Klatt Cash Contribution $50 Mahoney Family Cash Contribution $5,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed bylaw; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council ofMonticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Land of Lakes Choirboys City ofMonticello-Riverfest Bands for Riverfest Parade Land of Lakes Choirbo s Monticello Communit Center Murals Dan and Andra Olson Monticello Fire De artment Equi ment Ro er and Carol Klatt Monticello Fire De artment E ui ment Mahoney Family Monticello Communit Center Murals Adopted by the City Council ofMonticello this 14th day of January, 2008. ATTEST: ~~~~,~!~ Clint Herbst, Mayor .~ Jeff` eill, City Administrator 2008 RESOLUTIONS Number Date Subject ~,cX~d - fSS 10- ~7,b~} ~e. ~~rr v„ ~c~j~ ~m ~ , ~-.~ Cp /I:Se, a csl-~ _. e.Av r'~' C~ ~ ~e~~'- ~ t~-,~~- nea Cl,a~. Coce,;~•J~l ~ ~ 5 S ~~ ~,cti~ ~ ~~--~ t " C'~d ~ `~ 1 i - 1 G - G' ~ ~~ v C-tS.S c~ O C.~ t~.,~ zC~ ~6 ~ t~ e 5 u -t ,~O~S-,~1 61-10^aS5 VGt,CL1~'~ QO,.a-tp.~ G~ \Q-Mro~r ~' .~W $ - Q t7 t l~ l tl -~ /~ Q vim, ~-~ O S -- i O(~~. i." ~- ks.~9 ~ ~." ~ ~ Uv~ " t-dd"c~ a-- l~s:~ ~vr~ Zer r ~.-.i e~~ -a~SS ~9 1 i1 - ~ ~I '~~ '' ~ rr~~`. ~r~a-v. ,~v ~a,~, ~__a..v~~-e,v tr1 ~+~a ~~V\9.. ~,, uj OCR ~} • C1 I ~ - d' l . C~ F'1C.~SL.~ ~ O rl Y~ c7, V d ~3 V• ~ 3`FN~+~27~ N C~ N l./~ otbo8-a5 i a..g~.pg (~c~o a aoo° ~L, ~ FS-4'b ~ :~ - ~-n` ~~~ ~-- ac~c~~ ~ ~ ~1 .~ ~ DAWN\EXCEL\FORMS\RESOLUT.XLS: 10/16/2008 CITY OF MONTICELLO RESOLUTION N0.2008-02 RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, the Monticello Lions Club has submitted an application to the City Council of Monticello for a license to conduct charitable gambling activities at River City Extreme located at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREOFRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO that the application by the Monticello Lions Club for a charitable gambling license at River CityF~reme 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14~' day of January, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Neill, dministrator RESOLUTION NO. 2008-3 RESOLUTION ACCEPTING QUITCLAIM DEED AND OFFER TO SELL AND MEMORANDUM OF CONDITIONS WHEREAS, the City of Monticello and Minnesota Department of Transportation (MnDOT) entered into an agreement to participate in the construction of an interchange at jtc. 194 and CSAH 18 and; WHEREAS, said construction required MnDot to acquire from the City of Monticello property for ramp and storm water management locations and; WHEREAS, the land was appraised and the sale price agreed upon was $836,977.00; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO approves the Offer to sell and Memorandum of Conditions of $836,977.00 BE IT FURTHER RESOLVED by the Council of the City of Monticello that the quitclaim deed tranferring said property to MnDOT be properly executed: The above resolution was introduced by Councilmember Stumpf ,was duly seconded by Councilmember p rr i~l t ,with the following voting in favor thereof: Herbst, Mayer, Perrault, Wojchouski and Stumpf. The following voting in the opposition: None The City Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Wright County, Minnesota. Adopted this 14th day of January, 2008. S a //~/`~ Mayor ATTEST: l_.-~" City Adminis a 2007 BUDGET.XLS:LevyResolution (2) CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-04 RESOLUTION VACATING PORTIONS OF 90TH STREET AND CHELSEA ROAD WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before a hearing to each property owner affected by the proposed vacation, the Monticello City Council has conducted a hearing to consider the vacation of the public right-of- way legally described in the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the above-noted right of way and retain to certain drainage and utility easements over the vacated portion of the right-of--way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The publicright-of--way legally described in the attached Exhibit A is hereby vacated; however, the City reserves a drainage and utility easement for any existing or future drainage or utility use. 2. The City Clerk is directed to file a certified copy of this resolution with the County Auditor and County Recorder. ADOPTED this 14th day of January, 2008, by the City Council of the City of Monticello. Chrit Herbst, ayor ATTEST: Dawn Grossinger, Deputy City Cler~- EXHIBIT "A" That part of Chelsea Road West, as dedicated in GROVELAND ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, lying southeasterly and easterly of a line drawn parallel with and distant 80.00 feet southeasterly and easterly of the southeasterly and easterly line of Outlot A, 90TH STREET 3RD ADDITION, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, and also lying southwesterly of a line drawn parallel with and distant 80.00 feet southwesterly of the southwesterly line of Lot 1, Block 1, said 90TH STREET 3RD ADDITION. CITY OF MONTICELLO RESOLUTION NO. 2008-5 AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY; SUPERCEDING ORDINANCE NO.172 BE IT RESOLVED By the City Council of the City of Monticello, Minnesota ("Cit}~') as follows: Section 1. Background and Findings 1.01. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act") to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs for the City, and is authorized by Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act") to establish a housing and redevelopment authority to coordinate and administer housing and redevelopment plans and programs for the City. 1.02. By a resolution approved November 30, 1970, the City established the Housing and Redevelopment Authority in and for the City of Monticello (the "HRA"), for the purpose of coordinating and administering housing and redevelopment projects and activities in and for the City. 1.03. By Ordinance No. 172, approved April 10, 1989 and codified in the City Code as Title II, Chapter 3 (the "Enabling Ordinance"), the City established the City of Monticello Economic Development Authority ("EDA"), for the purpose of coordinating and administering economic development activities in and for the City. 1.04. By resolution approved on October 22, 2007 (the "Allocation Resolution"}, the City transferred to the EDA the control, authority and operation of all projects administered by the Housing and Redevelopment Authority in and for the City of Monticello ("HRA"). 1.05. By resolution approved October 22, 2007, the City Council adopted an Amended and Restated Enabling Resolution (the "Enabling Resolution") in order to conform the powers of the EDA to the Allocation Resolution. 1.06. The City Council has determined to revise and clarify certain provisions of the Enabling Resolution by the adoption of this resolution. 1.07. The City Council has in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on the date hereof, at which all persons wishing to be heard were given an opportunity to express their views, concerning the modified Enabling Resolution. 1.08. This resolution constitutes an amendment and restatement of the original Enabling Ordinance, incorporating the transfer of HRA powers to the EDA in accordance with the Allocation 321892v6 MNI MN190-130 1 Resolution, and also supercedes in all respects the Enabling Resolution adopted on October 22, 2007. Section 2. Enabling Authority 2.01. The EDA was established under the Enabling Ordinance as adopted April 10, 1989 and codified as Title II, Chapter 3 of the City Code. 2.02. The Economic Development Authority shall be composed of 7 members to be appointed by the Mayor and confirmed by the City Council. 2.03. Two of the members shall be members of the City Council. The terms of office of the two members of the City Council shall coincide with their terms of office as members of the City Council. The remaining five (5) members shall be initially appointed for terms of one, two, three, four, and five years respectively. Thereafter, all non-Council commissioners shall be appointed for six-year terms. 2.04. A vacancy is created in the membership of the EDA when a City Council member of the board of commissioners ends Council membership. A vacancy for this or any other reason must be filled for a new term (in the case of a Council member) or the balance of the unexpired term (in the case of anon-Council member), in the manner in which the original appointment was made. 2.05. At least three of the members who are not members of the City Council shall be residents of the City, and not more than two of the members who are not members of the City Council may be nonresidents of the City, provided that such members own a business and own property in the City. 2.06. All members shall serve at the pleasure of the City Council, subject to the terms of Section 2.07 hereof. Vacancies shall be filled by appointment by the Mayor with the confirmation of the City Council. 2.07. A commissioner may be removed by the City Council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least 10 days before the hearing. The commissioner must be given an opportunity to be heard in person or by the counsel at the hearing. When written charges have been submitted against the commissioner, the City Council may temporarily suspend the commissioner. If the City Council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings together with the charges and findings shall be filed in the office of the City Administrator. 2.08. The City Council shall make available to the EDA such appropriations as it deems fit for salaries, fees, and expenses necessary in the conduct of its work. The EDA shall have authority to expend all budgeted sums so appropriated and recommend the expenditures of other sums made available for its use from grants, gifts, and other sources for the purposes and activities authorized by this resolution. Section 3. Officers and Meetings. 321892v6 MNI MN190-130 `L 3.01. The EDA shall elect a president, vice president, treasurer, assistant treasurer, and secretary annually. A member must not serve as president and vice president at the same time. The other offices may be held by the same member. The other offices of the secretary and assistant treasurer need not be held by a member. 3.02. The EDA shall adopt rules and procedures not inconsistent with the provisions of this Enabling Resolution or as provided in Minnesota Statutes, Section 469.096, and as may be necessary for the proper execution and conduct of its business. The EDA shall adopt bylaws and rules to govern its procedures and for the transaction of its business and shall keep a record of attendance at its meetings and/or resolutions, transactions, findings, and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting, indicating such fact. The records of the EDA shall be a public record, except for those items classified by law as nonpublic data. 3.03. The EDA shall meet at least quarterly. Special meetings may be called by the president as needed. 3.04. All administrative procedures, including contract for services, purchases of supplies, and financial transactions and duties shall be outlined in the bylaws of the EDA. Section 4. Staff. 4.01. The Economic Development Director shall be designated as Executive Director of the EDA. 4.02. Subject to limits set by the appropriations or other funds made available, the EDA may employ such staff, technicians, and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 5. Functions, Powers, and Duties. 5.01. Except as specifically limited by the provisions of Section 6 of this Enabling Resolution, the EDA shall have the authority granted it pursuant to the EDA Act. 5.02. The EDA shall manage the Greater Monticello Enterprise Fund (the "Fund") the purpose of which is to encourage economic development by making loans to private businesses. The EDA shall make loans to eligible businesses, and such loan(s) shall serve a public purpose as defined in the Greater Monticello Enterprise Fund Guidelines (Fund Guidelines). The Fund Guidelines are hereby adopted by reference and included in the bylaws of the EDA. No changes to the fund Guidelines shall be made without approval of the City Council. 5.03. The EDA may be a limited partner in a partnership whose purpose is consistent with the EDA's purpose. 5.04. The EDA may issue general obligation bonds and revenue bonds when authorized by the City Council and pledge as security for the bonds the full faith, credit, and resources of the City or such revenues as may be generated by projects undertaken by the EDA. 321892v6 MNI MN190-130 3 5.05. The EDA may cooperate with or act as agent for the federal or state government or a state public body, or an agency or instrumentality of a government or other public body to carry out the powers granted it by the EDA Act or any other related federal, state, or local law in the area of economic development district improvement. 5.06. The EDA may annually develop and present an economic development strategy and present it to the City Council for consideration and approval. 5.07. The EDA may join an official, industrial, commercial, or trade association or other organization concerned with such purposes, hold reception of officials who may contribute to advancing the City and its economic development, and carry out other appropriate public relations activities to promote the city and its economic development. 5.08. The EDA may perform such other duties which maybe lawfully assigned to it by the City. All city employees shall, upon request and within a reasonable time, fiunish the EDA or its employees or agents such available records or information as may be required in its work. The EDA or its employees or agents may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this resolution. Section 6. Limitations of Power. 6.01. The following limits apply to the EDA and its operation: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the EDA must be in conformity to the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) Except when previously pledged by the EDA, the City Council may, by resolution, require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines aze not necessazy for the successful operation of the EDA to the debt service funds of the city to be used solely to reduce tax levies for bonded indebtedness of the City. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. 321892v6 MNI MN190-130 4 (g) The EDA shall submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval. 6.02. The EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (a) all powers under the HRA Act. (b) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (c) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the HR.A Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (d) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited partner in a partnership whose purpose is consistent with the EDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public pazking facilities. (e) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (f) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the HR.A Act), subject to approval by the City Council in accordance with Section 469.033, subdivision 6. (g) all powers under Minnesota Statutes, Sections 469.474 to 469.179. 6.03. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the EDA aze to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City, the EDA or the HRA. Section 7. Implementation. 7.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this resolution. 7.02. The Mayor, the City Administrator, and other appropriate City officials aze authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 7.03. Nothing in this resolution is intended to prevent the City from modifying this 321892v6 MNI MN190-130J Enabling Resolution or the Allocation Resolution to impose new or different limitations on the EDA as authorized by the EDA Act. Approved by the City Council of the City of Monticello on this 14th day of January 2008. --~ Mayor ATTErST: City 1 321892v6 MNI MNL90-130 CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. 2008-6 RESOLUTION GIVING FINAL APPROVAL TO ISSUANCE OF PUBLIC PROJECT REVENUE REFUNDING BONDS, SERIES 2008A (CITY OF MONTICELLO, MINNESOTA LEASE OBLIGATION) RELATED TO CERTAIN PUBLIC FACILITIES AND AGREEMENTS RELATED TIiERETO BE IT RESOLVED By the City Council of the City of Monticello, Minnesota 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 March 1, 2000 (the "Original Ground Lease"), between the City and the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota (the "HRA"), 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 Bonds by the issuance of its $7,555,000 Public Project Revenue Bonds, Series 2000A (the "Series 2000A Bonds"), which issuance required an Amendment No. 1 to the Lease-Purchase Agreement, dated as of March 1, 2000 (such agreement, as amended, is referred to as the "Original Lease"). 1.05. By Resolution No. 2007-85, adopted on October 22, 2007, the City Council transferred the control, authority and operation of all projects of the HRA, including the Series ZOOOA Bonds and all agreements related thereto, to the City of Monticello Economic Development Authority (the "Authority"), pursuant to Minnesota Statutes, Section 469.094, Subdivision 2. 1.06. The Authority is authorized by Minnesota Statutes, Chapter 469, as amended, to issue and sell revenue bonds to finance the construction of the Facilities and related costs, and to issue bonds to refund such bonds. 326499v2 AJP MNt90-128 1.07. In order to refund the Series 2000A Bonds 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, Minnesota Lease Obligation)" (the "Bonds"), to be issued 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 costs of issuance of the Bonds and to fund the escrow account established to effectuate refunding of the Series 2000A Bonds, all pursuant to the Escrow Agreement (Series 2008A), between the Authority and the Trustee, as escrow agent, dated as of February 1, 2008 (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 for 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 City and are on file with the City. Section 2. Financing Documents. 2.01. In connection with issuance of the Bonds, the following documents have been prepared: a. the Ground Lease; b. the Lease; c. the Assignment; d. the Indenture; e. the Escrow Agreement; and f. the Continuing Disclosure Certificate of the City (collectively, the "Financing Documents"). 2.02. The City Council has reviewed the Financing Documents and has determined that approval of the Financing Documents will be in the best interests of the City and its residents and will further the public health, safety, and welfare. 326499v2 AJP MN190-128 ~n 3. Approvals. The Financing Documents are hereby approved, and the authorized officials are directed to execute all Financing Documents to which the City is a party or signatory, subject to modifications that do not alter the substance of the transactions and are approved by such officials. Such officials are hereby authorized in their discretion to execute and deliver, on behalf of the City, such other affidavits, certificates, and other documents in connection with the issuance, sale, and delivery of proceeds of the Bonds. Execution of the Financing Documents and any other affidavits, certificates, and other documents is conclusive evidence of their approval. 3.02. The Official Statement for the Bonds, as completed and supplemented, and its distribution to potential purchasers of the Bonds, are hereby approved. The City, as an "obligated person" with respect to the Bonds, will comply with the requirements of Rule 15c2- 12(b)(5) of the Securities and Exchange Commission, as set forth in the Continuing Disclosure Certificate for the Bonds. 3.03. The City hereby approves all actions taken or to be taken by the Authority with regard to the issuance of the Bonds, including but not limited to the Authority's actions in awarding the sale of the Bonds. 3.04. City staff and consultants are authorized to take all actions necessary to implement the agreements hereby approved. [The remainder of this page is intentionally left blank.] 326499v2 AJP MN190-128 City Council of the City of Monticello, Minnesota this 14th day of CITY OF MONTICELLO, MINNESOTA Qom' ~ ~ ~~.~' Mayor ATTEST: ,, City ~d 'strator 326499v2 AJP MN190-128 January, ~uu~. CITY OF MONTICELLO RESOLUTION N0.2008-07 RESOLUTION ACCEPTING IMPROVEMENTS FEATHERSTONE 1sT AND 2~ ADDITION WHEREAS, under Improvement Projects No. 2003-03C and 2005-25P, streets, utilities and other appurtenant work were constructed in the Featherstone 1St and 2"d Additions; and WHEREAS, the City Engineer has inspected the work completed under these projects and finds it to be in conformance with the approved plans and specifications for the same; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, that the improvements constructed under Improvement Project No. 2003-03C be accepted contingent upon one year warranty bond being submitted to the City and the improvements constructed under Improvement Project No. 2005-25P be accepted contingent upon a two year warranty bond being submitted to the City. Adopted by the Monticello City Council this 14th day of January, 2008. ~~ Clint Herbst, ayor ATTEST: ~' Jef ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-9 RESOLUTION ADOPTING ASSESSMENT ROLL THIRD QUARTER 2007 WHEREAS, pursuant to proper notice duly given as required bylaw, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 28th day of January, 2008. ATTEST: ~_-~r! ~1` ~~ Clint Herbst, Mayor iZ~ Jeff O' ei ~ Administrator City of Monticello RESOLUTION N0.2008-10 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Center Point Ener Cash Contribution $250.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Center Point Ener y City of Monticello Defra cost of Newsletter Adopted by the City Council of Monticello this 28th day of January, 2008. Clint Herbst, Mayor ATTEST: 2. J ,ill, City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-12 RESOLUTION APROVING FINAL PLAT FIRST FEDERAL SAVINGS BANK ADDITION WHEREAS, the Planning Commission held a public hearing on January 2, 2008 for the consideration of the preliminary plat of First Federal Savings Bank Addition; WHEREAS, after taking public comment the Planning Commission recommended approval of the preliminary plat of First Federal Savings Bank Addition; WHEREAS, the Council has reviewed the recommendation of the Planning Commission, NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the preliminary plat and final plat for First Federal Savings Bank Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance and subject to the following conditions: 1) T'he applicant shall submit a revised photometric plan, illustrating foot candle readings no grater than 1.0 at the property line; 2) Any wall mounted lighting shall contain full cutoff fixtures; 3) Any disruption of private structures due to work within the drainage and utility easement would be at the expense of the property owner; 4) The site plan shall be revised to include one additional handicap accessible parking stall with proper signage; 5) The applicant shall provide directional signage in the southeast corner of the site, prior to the dead- end and 6) The applicant shall comply with all recommendations of the City Engineer, as outlined in the memo from WSB and Associates dated December 19, 2007, and as amended by the Planning Commission on January 2, 2008 in relationship to barricade design. Adopted by the Monticello City Council this 28th day of January, 2008 Clint Herbst, Mayor ATTEST: 1 Jeff ity Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-13 RESOLUTION AWARDING CONTRACT VEHICLE STORAGE BUILDING PROJECT N0.2007-19C WHEREAS, pursuant to an advertisement for bids for the construction of a three bay garage with 14' x 16' overhead doors specifically designed for the biosolids application equipment, and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: CONTRACTOR BASE BID ALTERNATIVE #1 Arkay Construction $440,000.00 $372,000.00 Cottonwood Construction $412,023.00 ---- Cobra Construction $379,905.00 $304,880.00 Construction Results $332,900.00 $278,500.00 Ebert Construction $379,920.00 $275,848.00 EnComm Construction $363,636.00 $274,472.00 W. Gohman $393,823.00 Bid withdrawn Go her State Contractors $356,394.00 $270,359.00 Kue Contractors $328,674.00* $260,647.00* Lund-Martin Construction $364,000.00 $296,800.00 Met-Con Construction $459,000.00 $389,000.00 Presti a Builders of MN $356,000.00 $329,000.00 Rochon Construction $356,000.00 $315,000.00 Shin obee Builders $356,000.00 $341,000.00 Gracestone Construction $472,907.00 $404,792.00 KHC Construction $442,000.00 ----- Thor Construction $546,453.85 ---- Ber Construction Services $460,799.00 $353,734.00 Ram General Contractin ---- $276,500.00 CS Arvola ---- $287,945.00 Structural Buildin s ---- $307,674.00 K.C. Com anies $300,000.00 $276,000.00 WHEREAS, the bid of Kue Contractors of Watkins, MN in the amount of $328,674.00 for the base bid and $260,647.00 for the alternate bid for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 28th day of .January 2008 Chn Herbst, Mayor ATTEST: _;, ~ > Jeff O'N ' ity Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-14 RESOLUTION AWARDING CONTRACT DIGESTER MIXERS PROJECT N0.2007-18C WHEREAS, pursuant to an advertisement for bids for the adding of two 27" diameter draft tube, 10 hp mixers to the 65' diameter sludge storage tank, and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: CONTRACTOR BASE BID Kraemer Truckin & Excavatin $356,557.00 Di-Mar Construction $359,100.00 Ma ey Construction $359,500.00 Rice Lake Construction $371,000.00 KHC Construction, Inc. $379,000.00 EnComm Midwest Inc. $379,379.00 Shank Constructors $377,000.00 Gridor Construction $394,900.00 Alltech Engineering $453,000.00 WHEREAS, the bid of Kraemer Trucking & Excavating of Cold Spring, MN in the amount of $356,557.00 for the base bid for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 28th day of January, 2008 Clint Herbst, Mayor ATTEST: /~ ' ~ j Jeff O' ei ' y Administrator CITY OF MONTICELLO, MINNESOTA RESOLUTION NO. 2008-15 RESOLUTION GIVING FINAL APPROVAL TO ISSUANCE OF PUBLIC PROJECT REVENUE REFUNDING BONDS, SERIES 2008A (CITY OF MONTICELLO, MINNESOTA LEASE OBLIGATION) RELATED TO CERTAIN PUBLIC FACILITIES AND AGREEMENTS RELATED THERETO BE IT RESOLVED By the City Council of the City of Monticello, Minnesota 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 March 1, 2000 (the "Original Ground Lease"), between the City and the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota (the "HRA"), 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 Bonds by the issuance of its $7,555,000 Public Project Revenue Bonds, Series 2000A (the "Series 2000A Bonds"), which issuance required an Amendment No. 1 to the Lease-Purchase Agreement, dated as of March 1, 2000 (such agreement, as amended, is referred to as the "Original Lease"). 1.05. By Resolution No. 2007-85, adopted on October 22, 2007, the City Council transferred the control, authority and operation of all projects of the HRA, including the Series 2000A Bonds and all agreements related thereto, to the City of Monticello Economic Development Authority (the "Authority"), pursuant to Minnesota Statutes, Section 469.094, Subdivision 2. 1.06. The Authority is authorized by Minnesota Statutes, Chapter 469, as amended, to issue and sell revenue bonds to finance the construction of the Facilities and related costs, and to issue bonds to refund such bonds. 326499v3 AJP MN190-128 1.07. In order to refund the Series 2000A Bonds in advance of maturity, the Authority proposes to issue a series of revenue bonds in the aggregate principal amount of $6,180,000, designated as "Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation)" (the "Bonds"). 1.08. Proceeds of the Bonds will be used to pay costs of issuance of the Bonds and to fund the escrow account established to effectuate refunding of the Series 2000A Bonds, all pursuant to the Escrow Agreement (Series 2008A), between the Authority and U.S. Bank National Association, as escrow agent, dated as of February 1, 2008 (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. The Authority's terms of proposal for the sale of the Bonds assumed a public sale of the Bonds and issuance thereof pursuant to a trust indenture, to be entered into by the Authority and a bond trustee. However, on January 16, 2008, the Authority received a commitment letter from Banc of America Public Capital Corp (the "Purchaser") requesting private placement of the Bonds with the Purchaser. Therefore, the issuance of the Bonds will not include elements typically required of a public sale of lease-revenue bonds, such as a trust indenture, trustee, paying agent or official statement. Instead, the Bonds will be issued pursuant to a resolution of the Authority, to be approved on January 30, 2008 (the "Bond Resolution"). 1.11. On January 14, 2008 the City Council adopted Resolution No. 2008-6, entitled "Resolution Giving Final Approval to Issuance of Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation) Related to Certain Public Facilities and Agreements Thereto" (the "Prior Resolution"). The Prior Resolution approved all documents required for the public sale of the Bonds, including a trust indenture and an official statement. Because the commitment received from the Purchaser will result in a private placement and not a public sale of the Bonds, the City Council has determined to adopt this Resolution, which supersedes the Prior Resolution in all respects. 1.12. Forms of the Ground Lease, the Lease, the Escrow Agreement and the Bond Resolution (collectively, the Financing Documents") have been prepared and submitted to the City and are on file with the City. Section 2. Financing Documents. The City Council has reviewed the Financing Documents and has determined that approval of the Financing Documents will be in the best interests of the City and its residents and will further the public health, safety, and welfare. Section 3. Approvals. 3.01. The Financing Documents are hereby approved, and the authorized officials are directed to execute all Financing Documents to which the City is a party or signatory, subject to 326499v3 AJP MN190-128 modifications that do not alter the substance of the transactions and are approved by such officials. Such officials are hereby authorized in their discretion to execute and deliver, on behalf of the City, such other affidavits, certificates, and other documents in connection with the issuance, sale, and delivery of proceeds of the Bonds. Execution of the Financing Documents and any other affidavits, certificates, and other documents is conclusive evidence of their approval. 3.02. This Resolution hereby supersedes the Prior Resolution in its entirety. 3.03. The City hereby approves all actions taken or to be taken by the Authority with regard to the issuance of the Bonds, including but not limited to the Authority's actions in awarding the sale of the Bonds. 3.04. City staff and consultants are authorized to take all actions necessary to implement the agreements hereby approved. [The remainder of this page is intentionally left blank.] 326499v3 AJP MN190-128 Approved by the City Council of the City of Monticello, Minnesota this 28th day of January, 2008. CITY OF MONTICELLO, MINNESOTA r Mayor ATTEST: f~~ L C~ inistrator 326499v3 AJP MN190-128 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. zoos-16 RESOLUTION RECOGNIZING THE INDUSTRIAL DEVELOPMENT COMNIITTEE WHEREAS, the City Council is authorized to create advisory boards for the City as deemed necessary for the proper management and operation of the City by Minnesota Statutes Section 412.111, and; WHEREAS, in 1982 an Industrial Development Committee was formed to operate as an independent organization serving as an advocate to influence and assist industrial development in and for the City of Monticello, and; WHEREAS, the mission of the IDC has been and remains to increase the industrial tax base, to create jobs at liveable wage-levels, and to maintain a favorable and desirable industrial environment in the City of Monticello, and; WHEREAS, the City Council and the Industrial Development Committee have determined it mutually beneficial to more formally recognize the IDC's importance and role in promoting and maintaining industrial development and job creation within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The existence and continuation of the IDC is hereby recognized by the City Council. 2. The IDC as an independent organization shall make recommendations, advise, and assist the City Council, the Economic Development Authority, and other City boards and commissions on matters relating to industrial development and j ob creation and retention. 3. The IDC shall select and confirm all committee members by a majority of vote of its membership for recommendation to the City Council for Council appointment. 4. The City Council shall appoint the Mayor and a Council Member to the IDC as non-voting members and shall appoint the Economic Development Director as the Executive Director of the IDC as anon-voting member. The Executive Director is under the direction of the City Administrator and the City Administrator may assign other support staff to the IDC as needed. 5. The IDC shall hold regular meetings the first Tuesday of each month at 7:00 a.m. in the Monticello Community Center. Special meetings maybe called by the Chairperson and Executive Director. 6. The IDC committee size, make-up of the committee, officers, length of membership term, and attendance shall be governed in accordance with the Monticello Industrial Committee Organizational and Membership Guidelines. ADOPTED this I1~ day of February, 2008, by the City Council of the City of Monticello. ~-~ Clint Herbst, ayor ATTEST: .~s~ Dawn Grossinger, Deputy Ci Clerk 2 CITY OF MONTICELLO RESOLUTION N0.2008-17 ACCEPTING WORK 2006 STREET RECONSTRUCTION PROJECT CITY PROJECT N0.2006-O1C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Knife River of Buffalo, Minnesota the contractor has satisfactorily completed the work for the improvements to River Street from Otter Creek Road to Craig Lane by widening of the street surface, curb and gutter, storm sewer, street reconstruction, sidewalk and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to start from the date of final acceptance of the project by the City Council. Adopted by the Monticello City Council this 11th day of February, 2008. Clint Herbst, ayor ATTEST: Jeff ity Administrator CITY OF MONTICELLO RESOLUTION N0.2008-18 ACCEPTING WORK CEDAR STREET/DUNDAS ROAD CITY PROJECT N0.2006-02C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Latour Construction of Maple Lake, Minnesota the contractor has satisfactorily completed the work for the reconstruction of Cedar Street from Dundas Road to Chelsea Road and the construction of Dundas Road from Cedar Street to Edmonson Avenue including sidewalk, street lighting, storm sewer and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to start from the date of final acceptance of the project by the City Council. Adopted by the Monticello City Council this 11th day of February, 2008. Clint Herbst, Mayor ATTEST: /~.[~~ Jeff O' 1 ity Administrator CITY OF MONTICELLO RESOLUTION NO. 2008-19 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Land of Lakes Choirboys has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Jala Peno Bar and Grill at 530 Cedar Street; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Land of Lakes Choirboys for a charitable gambling license to conduct gambling activities at the Jala Peno Bar and Grill located at 530 Cedar Street is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 25`h day of February, 2008. Clint Herbst, ayor ATTEST: © / Jeff ity Administrator CITY OF MONTICELLO RESOLUTION N0.2008-20 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Programs Inc. has submitted an application to the City Council of Monticello for aone-day charitable gambling license to conduct gambling activities at River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Monticello Youth Programs Inc. for aone-day charitable gambling license for March 14, 2008 to conduct gambling activities at River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 25th day of February, 2008. Clint Herbst, Mayor ATTEST: 0 Jeff City Administrator CITY OF MONTICELLO RESOLUTION NO. 2008-21 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, Wright County Ducks Unlimited has submitted an application to the City Council of Monticello for aone-day charitable gambling license to conduct gambling activities at River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Wright County Ducks Unlimited for aone-day charitable gambling license for May 5, 2008 to conduct gambling activities at River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 25t" day of February, 2008. Clint Herbst, Mayor ATTEST: ©~~ Jeff ity Administrator RESOLUTION N0.2008-2 2 CITY OF MONTICELLO RESOLUTION APPROVING FINAL PLAT UNION CROSSINGS THIRD ADDITION WHEREAS, the Planning Commission held a public hearing on February 6, 2008 for the consideration of the preliminary plat of the Union Crossings Third Addition, and WHEREAS, after taking public comment, the Planning Commission recommended approval of the preliminary plat of the Union Crossings Third Addition to the City Council, and WHEREAS, the Council has reviewed the recommendation of the Planning Commission, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the final plat for Union Crossings Third Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance. Adopted by the Monticello City Council this 25th day of February, 2008. Clint Herbst, Mayor ATTEST: Jeff ity Administrator City of Monticello RESOLUTION N0.2008-23 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE VFW Post 8731 Cash $500 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE VFW Post 8731 Parks De t Fla ole -Hillside Cemete Adopted by the City Council of Monticello this 10th day of March, 2008. Clint Herbst, Mayor ATTEST: ;,., Jef City Administrator contributions MASTER resolution (2).doc: 3/3/2008 CITY OF MONTICELLO RESOLUTION N0.2008-24 A RESOLUTION UPDATING MUNICIPAL STATE AID STREET SYSTEM FOR THE CITY OF MONTICELLO WHEREAS, as a requisite to qualify for state aid, it is necessary that the City Council designate certain streets within the City of Monticello to comprise a Municipal State Aid Street system; and WHEREAS, the Council has reviewed the recommendation of the City Engineer and has approved certain streets within the City to be removed or to become a part of said system; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA AS FOLLOWS: 1. That Highland Way shall be removed from the City of Monticello MSAS System. 2. That Cedar Street from CSAH 75 to 7th Street shall be included as part of the City of Monticello MSAS system. 3. That 4th Street from TH 25 to Washington Street shall be included as part of the City of Monticello MSAS system. 4. That the City Administrator/Clerk provide a certified copy of this resolution by May 1, 2008 for transmittal to the Commissioner of the Department of Transportation. Adopted by the Monticello City Council this 10th day of March, 2008. Clint Herbst, ayor ATTEST: L../ Jeff O' ill Administrator CITY OF MONTICELLO RESOLUTION N0.2008-25 REQUESTING MN/DOT TO CONDUCT A SPEED STUDY ON BROADWAY STREET EAST FROM CSAH 18 TO MEADOW OAK AVENUE WHEREAS, THIS RESOLUTION, was made this 10~' day of March, 2008 by the City of Monticello in Wright County, Minnesota. The Municipal Corporation shall hereinafter be called the "City," WHEREAS, per MN Statute 169.14, the authority to determine reasonable and safe speeds on a City Street resides with the Minnesota Commissioner of Transportation; WHEREAS, it is in the best interest of all parties to have reasonable and safe speeds posted on City Streets; WHEREAS, the traffic and pedestrian characteristics of Broadway Street East (CSAH 75 turn- back) have changed with the opening of the new interchange at I-94 &CSAH 18 and the closing of the ramps to and from I-94 at CSAH 75, and; WHEREAS, the "City" has contacted the State of Minnesota (Mn/DOT), who has agreed to complete the study. NOW, THEREFORE, BE IT HEREBYRESOLVED, that the "City" is requesting the State of Minnesota (Mn/DOT) to conduct a speed study on Broadway Street East from CSAH 18 to Meadow Oak Avenue. Adopted by the City of Monticello City Council this 10~' day of March, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Ne' , C' ministrator J: ~BrucelC/ry o/'.NondceflolCowciLr & ColmniuranclCfry Ca~~dUgendu lrerruV-/408+B~oad~wy 6 Seed Slndy Remlutfon ZOpB-02doc CITY OF MONTICELLO RESOLUTION N0.2008-26 ACCEPTING WORK RIVER MILL PATH. CITY PROJECT N0.2006-30C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Knife River of Buffalo, Minnesota the contractor has satisfactorily completed the work for the paving of the River Mill Pathway between Mill Run Road and River Forest Drive, some drainage improvements and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to start from the date of final acceptance of the project by the City Council. Adopted by the Monticello City Council this 10th day of March, 2008. Clint Herbst, Mayor ATTEST: Jeff O' Administrator CITY OF MONTICELLO RESOLUTION N0.2008-27 RESOLUTION APROVING FINAL PLAT JERRY HARTUNG ADDITION WHEREAS, the Planning Commission on February 26, 2008 considered the final plat of the Jerry Hartung Addition and recommends approval of the same; WHEREAS, the Council has reviewed the recommendation of the Planning Commission, NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the final plat for the Jerry Hartung Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance. Adopted by the Monticello City Council this 10th day of March, 2008 Clint Herbst, ayor ATTEST: `/ , i Jeff O' J ~kY ity Administrator CITY OF MONTICELLO RESOLUTION N0.2008-27 A RESOLUTION AWARDING WORK CITY PROJECT N0.2008-O1C WELL N0.4 WHEREAS, pursuant to an advertisement for proposals to remove, repair and reinstall deep well turbine pump #4 and other appurtenant work, proposals were received, opened and tabulated according to law and the following proposals were received comply with the advertisement: CONTRACTOR PROPOSAL AMOUNT Thein Well Co. $14,921.00 Traut Wells, Inc. $19,385.00 E.H. Renner & Sons, Inc. $20,125.00 Ber erson-Caswell, Inc. $20,150.00 WHEREAS, it appears that Thein Well Co of Spicer, MN submitted the lowest responsible quote, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: The Mayor and Public Works Director are hereby authorized and directed to enter into a contract with Thein Well Co. of Spicer, MN for the removal, repair, reinstallation of deep well turbine pump #4 and other appurtenant work according to the specifications therefore. 2. The City Clerk is hereby authorized and directed to return forthwith to all parties submitting a proposal the deposits made with their proposal, except that the deposits of the successful contractor and the next lowest contractor shall be retained until a contract has been signed. Adopted by the Monticello City Council this 10~' day of March, 2008. ~~~ ~~~~= ATTEST: Clint Herbst, Mayor Jef City Administrator ;~ C 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, Minnesota, was duly held in the City Hall in said City on Monday, March 10, 2008, commencing at 7:00 o'clock P.M. The following members were present: Clint Herbst, Wayne Mayer and Brian Stumpf and the following were absent: Tom Perrault and Susie Wojchouski The Mayor announced that the next order of business was consideration of the sale of the City's Obligation Sewer Revenue Refunding Bonds, Series 2008A. Member Wayne Mayer introduced the following resolution, and moved its adoption: RESOLUTION N0.2008-29 A RESOLUTION PROVIDING FOR THE SALE OF GENERAL OBLIGATION SEWER REVENUE REFUNDING BONDS, SERIES 2008A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota (the "City") as follows: It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 475, as amended (the "Act") and Section 475.67, Subdivision 3 of the Act to issue and sell its general obligation bonds 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 Council 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 General Obligation Sewer Revenue Refunding Bonds, Series 2008A (the "Bonds") 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 on May 1, 2008. 2. Ehlers & Associates, the City's financial advisor ("Ehlers"), is authorized and directed to structure the terms of the Bonds, provided that the final maturity shall be no later than August 1, 2018. Ehlers is further authorized to negotiate the sale of the Bonds. The City Council authorizes the City Finance Director and the Mayor to consider proposals and take any other appropriate action with respect to the Bonds, provided that the proposal of the selected purchaser (the "Purchaser") must (a) offer the lowest true interest cost, which shall in any event be no higher than 3.40% per annum, and (b) produce debt service savings such that the present value of the debt service on the Bonds (computed to their stated maturity dates) is lower by at least 2.50% than the present value of the debt service on the Refunded Bonds, resulting in at least $300,000 of future value debt service savings. 3. The City Council will meet on the first practicable date after acceptance by the City Finance Director and the Mayor of a proposal from the Purchaser, to ratify such acceptance and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Member Brian Stumpf ,and upon vote being taken thereon, the following voted in favor thereof: Herbst, Mayer and Stumpf and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting City Finance Director of the City of Monticello, Wright County, Minnesota, 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 original 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 Bonds, Series 2008A of the City. WITNESS My hand officially as such City Finance Director and the corporate seal of the City this I ~i; day of ~~Cch.~~ , 2008. City Finance Director " Monticello, Minnesota (SEAL)_..J CITY OF MONTICELLO RESOLUTION N0.2008-30 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Land of Lakes Choirboys has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at ~~~ station Bar & Grill at 512 State Highway 25; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Land of Lakes Choirboys for a charitable gambling license to conduct gambling activities at the ,station Bar and Grill located at 512 State Highway 25 is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. mt Herbst, Mayor ATTEST: Jeff O' e' ity Administrator CITY OF MONTICELLO RESOLUTION NO.2008-31 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Lions Club has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Lions Club for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. ~~~ t~ ~~ Clint Herbst, Mayor ATTEST: Jeff O'N ' , C' dministrator CITY OF MONTICELLO RESOLUTION N0.2008-32 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Hockey Program has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Monticello Country Club at 1209 Golf Course Road, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Youth Hockey Program for a charitable gambling license to conduct gambling activities at the Monticello Country Club, 1209 Golf Course Road is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 28~' day of April, 2008. ~~~ ~i~ Cwt Herbst, Mayor ATTEST: ~, Jeff O'Ne' , C' ministrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-33 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 replatting 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 proposed 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 14th day of April, 2008, by the City C~oun~cil of the/City of Monticello. /~x-mil- ~~./~ Clint Herbst, Mayor ATTEST: Dawn Grossinger, Deputy City erk CITY OF MONTICELLO RESOLUTION N0.2008-34 RESOLUTION CALLING FOR THE SALE OF TELECOMMUNICATION REVENUE BONDS, SERIES 2008C BE IT RESOLVED, by the City Council of the City of Monticello, Minnesota as follows: 1. This Council deems it necessary and expedient that the City issue up to $27,000,000 (27 million} in Telecommunications Revenue Bonds, Series 2008 (the "Bonds") to provide financing for the City's broadband communications network. Springsted Incorporated, the City's financial consultant, has advised that drafts of the following documents have been prepared: (a) Indenture of Trust between the City and Wells Fargo Bank, N.A., as Trustee, setting forth the proposed terms of the Bonds; (b) Preliminary Official Statement pursuant to which the Bonds maybe offered for sale; and (c) Bond Purchase Agreement between the City and Oppenheimer & Co., Inc. (the "Underwriter") setting forth the terms and conditions under which the Underwriter would be purchased. 2. Upon completion of the Preliminary Official Statement and its approval by the City Administrator as being in near final form, the Underwriter, in cooperation with Springsted Incorporated, is authorized to commence an offering of the Bonds and establish a proposed pricing of the sale. This Council shall meet on May 12, 2008 at 5 or 7 o'clock p.m. for the purpose of considering the proposed terms of the sale and considering approval of the Bond Purchase Agreement, the Indenture and other documents relating to the issuance and sale of the Bonds. 3. The officers of the City and Springsted Incorporated are authorized to take such actions and prepare such documents as maybe necessary and expedient for the bond sale, subject to the final approval by this Council. Adopted by the Monticello City Council this 14a' day of Apri12008. ATTEST: (~ Jeff O' ity Administrator Clint Herbst, ayor CITY OF MONTICELLO RESOLUTION N0.2008-35 SALE OF TAX FORFEITED LAND PARCE?~S WHEREAS, the following parcels of land in the City of Monticello have been forfeited to the State of Minnesota for non-payment of property taxes and these lots and parcels are being prepared for public sale under tax forfeited land sale procedures of Minnesota Statutes, Chapter 282, and; 155-080-000010: Outlot A, Oak Ridge Addition. 2. 155-080-000020: Outlot B, Oak Ridge Addition 3. 155-090-000060: Outlot F, Klein Farms 4. 155-500-144100: Unplatted land lying in Section 14, Township 121, Range 25. 5. 155-500-144200: Unplatted land lying in Section 14, Township 121, Range 25. WHEREAS, the City of Monticello has an interest in acquiring the above parcels for various public purposes including stormwater ponding, pathway, utility easement and other purposes allowed under authority of Minnesota State Statutes, Chapter 469, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: That parcels 155-080-000010, 155-080-000020, 155-090-000060, 155-500-144100 and 155-500-144200 be conveyed to the City of Monticello for public purposes. Adopted by the Monticello City Council this 28~' day of Apri12008. ~~~~ Clint Herbst, Mayor ATTEST: ~~ Je ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-36 RESOLUTION ADOPTING ASSESSMENT ROLL FOURTH QUARTER 2007 WHEREAS, pursuant to proper notice duly given as required bylaw, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 28th day of April, 2008. ATTEST: ~,~'~L" i~~!/Gy Clint Herbst, Mayor -~'-~ Jeff O' it i Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-37 RESOLUTION APPROVING AND ADOPTING THE MONTICELLO, MINNESOTA 2008 COMPREHENSIVE PLAN WHEREAS, the City adopted a Comprehensive Plan in March 1996, and; WHEREAS, it is in the City's best interest to reevaluate its comprehensive plan and consider and analyze changes that have occurred over the years, and WHEREAS, the City has conducted an analysis of changes occurring since the last Comprehensive Plan and studied projected future development, and anticipated demands regarding public infrastructure, facilities and services, and; WHEREAS, the attached 2008 Comprehensive Plan for the City of Monticello has been prepared for review and approval by the City Council, and; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, that it hereby approves and adopts the 2008 Comprehensive Plan for the City. Adopted by the City Council of Monticello, Minnesota on the 12th day of May, 2008. C~~~~~ Clint Herbst, Mayor ATTEST: a~~ Dawn Grossinger, Deputy City erk CITY OF MONTICELLO RESOLUTION N0.2008-38 ACCEPTING WORK DEMOLITION CEDAR STREET GARDEN CENTER & BUILDINGS AT 8617 EDMONSON AVENUE NE CITY PROJECT N0.2007-20C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Fitzgerald Excavating of Goodhue, Minnesota the contractor has satisfactorily completed the work for the demolition of the Cedar Street Garden Center and the demolition of house and farm buildings at 8617 Edmonson Avenue NE and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Material disposal documentation. Adopted by the Monticello City Council this 12t1i day of May, 2008. /~.~~ Clint Herbst, Mayor ATTEST: !2 Jeff O' e' ty Administrator CITY OF MONTICELLO RESOLUTION N0.2008-•39 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FIBER OPTIC NETWORKS PROJECT N0.2006-32C WHEREAS, plans and specifications have been prepared for the construction of the first three phases of the outside plant for the fiber optic network, is prepared to bid the plans and specifications to prequalified contractors following Council approval of said plans and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The plans and specifications shall be submitted to those contractors who met the pre- qualification requirements. Award of the contract will be considered by the City Council at 7 p.m. on June 9, 2008 in the Council Chambers of Cit Hall. Any bidder whose responsibility is questioned during the consideration of the award of the contract will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% of the amount of such bid. Adopted by the Monticello City Council this 12th day of May, 2008. Mayor, Clint Herbst ATTEST: f Cit dm' s ator, Jeff O'Neill CITY OF MONTICELLO RESOLUTION N0.2008-40 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SITE GRADING AND UTILITY PLANS FOR THE FIBER OPTIC HEAD END BUILDING PROJECT N0.2006-32C WHEREAS, plans and specifications have been prepared for the site grading and utility plans for the fiber optic head end building, part of City Project No. 2006-32C and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulleting an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for one day, shall specify the work to be done, shall state that bids will be opened at 10:00 a.m. on June 3, 2008 and that the responsibility of the bidders will be considered by the City Council at 7 p.m. on June 9, 2008 in the Council Chambers of City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% of the amount of such bid. Adopted by the Monticello City Council this 12th day of May, 2008. ~~~ ~~-~ Mayor, Clint Herbst ATTEST: City A i ator, Jeff O'Neill CITY OF MONTICELLO RESOLUTION N0.2008-41 RESOLUTION APROVING FINAL PLAT AMAX ADDITION WHEREAS, the Planning Commission on April 1, 2008 considered the preliminary plat of the Amax Addition and recommends approval of the same; WHEREAS, the Council has reviewed the recommendation of the Planning Commission, NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the final plat for the Amax Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance and approval of a development agreement. Adopted by the Monticello City Council this 12th day of May, 2008 Clint Herbst, Mayor ATTEST: C.~s~-~-~C~/ Jeff O'N 1, Administrator CITY OF MONTICELLO, MINNESOTA RESOLUTION N0.2008-42 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN ISSUE OF REVENUE BONDS ON BEHALF OF PRESBYTERIAN HOMES BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the "Act"), authorizes and empowers municipalities of the State of Minnesota to issue and sell revenue bonds and lend the proceeds thereof to a nonprofit corporation for the purpose of providing financing or refinancing for the acquisition and construction of housing developments authorized thereby; and WHEREAS, at the request of Presbyterian Homes Housing and Assisted Living, Inc. (now known as PHS/Monticello, Inc.), a Minnesota nonprofit corporation (the "Monticello Borrower"), the City previously issued its Senior Housing Revenue Bonds (Mississippi Shores Project), Series 1995 (the "Series 1995 Bonds"), the proceeds of which were applied to the acquisition, construction, and equipping of a 49-unit senior housing facility known as Mississippi Shores located at 1213 Hart Boulevard in the City (the "Monticello Project"); and WHEREAS, at the request of the Borrower, the City previously issued its Senior Housing Refunding Revenue Bond (Mississippi Shores Project), Series 2002 (the "Series 2002 Bond"), the proceeds of which were applied to refinance the Monticello Project by redeeming and prepaying the Series 1995 Bonds; and WHEREAS, the City of Bloomington ("Bloomington") has proposed to issue one or more series of revenue obligations and loan the proceeds derived from the sale of the obligations to the borrowers referenced herein used to be used as follows: (i) refinance certain capital assets, through the redemption of outstanding bonds that financed those assets, including: (a) the Monticello Project; (b)an 88-unit senior housing facility known as Summerhouse of Bloomington located at 9850 Lyndale Avenue South, Bloomington, Minnesota (the "Bloomington Project") owned by Presbyterian Homes of Bloomington, Inc. (the "Bloomington Borrower"); (c) a 100-unit senior housing facility known as Echo Ridge located at 11033 Gerschwin Avenue North, Oakdale, Minnesota (the "Oakdale Project") owned by PHS/Oakdale, Inc.(the "Oakdale Borrower"); (d) a 72-unit senior housing facility known as Summerhouse of Shoreview located at 4655 Victoria Street, Shoreview, Minnesota (the "Shoreview Project") owned by PHS/Shoreview, Inc. (the "Shoreview Borrower"); and (e) a 77-unit senior housing facility known as Stonecrest located at 8723 Promenade Lane, Woodbury, Minnesota (the "Woodbury Project") owned by PHS/Woodbury, Inc. (the "Woodbury Borrower"); and (ii) pay the costs of issuing the Bonds; and WHEREAS, the Borrower has advised this Council that it has requested that Bloomington issue revenue bonds pursuant to the Act in an aggregate principal amount which is not expected to exceed $37,105,000 (the "Bonds") for the purposes described above; and WHEREAS, approximately $3,330,000 of the proceeds of the Bonds is expected to be allocated to the Monticello Project, approximately $8,625,000 of the proceeds of the Bonds is expected to be allocated to the Bloomington Project, approximately $9,025,000 of the proceeds of the Bonds is expected to be allocated to the Oakdale Project, approximately $6,920,000 of the proceeds of the Bonds is expected to be allocated to the Shoreview Project, and approximately $9,205,000 of the proceeds of the Bonds is expected to be allocated to the Woodbury Project; and WHEREAS, since a portion of the facilities proposed to be refinanced by the Bonds are located in the City, Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder require that, prior to the issuance of the Bonds, this Council approve the issuance of the Bonds by Bloomington, after conducting a public hearing thereon; and NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: 1. A public hearing on the proposal that Bloomington issue the Bonds to refinance the Projects is hereby called, and such meeting shall be held on Monday, June 23, 2008, at 7:00 P.M., at City Hall; and 2. The City Administrator shall cause notice of the public hearing, in substantially the form attached hereto as Exhibit A, to be published in the official newspaper of the City and a newspaper of general circulation in the City, once not less than 14 days prior to the date fixed for the public hearing. Adopted by the City Council of the City of Monticello on this 27th day of May, 2008. Mayor Attest: dministrator 2 EXHIBIT A -Notice of Public Hearing NOTICE OF PUBLIC HEARING BY THE CITY OF MONTICELLO, 1VIINNESOTA WITH RESPECT TO GRANTING HOST CITY APPROVAL TO THE ISSUANCE OF REVENUE REFUNDING BONDS TO REFINANCE A SENIOR HOUSING FACILITY LOCATED IN MONTICELLO NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), will hold a public hearing on Monday, June 23, 2008, on or after 7:00 p.m. at 505 Walnut Avenue in the City for the purpose of conducting a public hearing on a proposal that the City approve and authorize the issuance by the City of Bloomington, Minnesota ("Bloomington") of its Variable Rate Demand Senior Housing Revenue Refunding Bonds (Presbyterian Homes Projects), Series 2008, (the "Bonds") in one or more series in an aggregate principal amount not to exceed $37,105,000 under Minnesota Statutes, Sections 462C, as amended (the "Act"). The proceeds of the Bonds will be loaned to the borrowers referenced herein and used to: (i) refinance certain capital assets through the redemption of outstanding bonds that financed those assets, including: (a) an 88-unit senior housing facility known as Summerhouse of Bloomington located at 9850 Lyndale Avenue South, Bloomington, Minnesota (the "Bloomington Project") owned by Presbyterian Homes of Bloomington, Inc. (the "Bloomington Borrower") and financed with the proceeds of the Senior Housing Revenue Bonds (Summerhouse of Bloomington Project) Series 1998 issued by the Housing and Redevelopment Authority in and for the City of Bloomington, Minnesota in the original aggregate principal amount of $8,750,000; (b) a 49-unit senior housing facility lrnown as Mississippi Shores located at 1213 Hart Boulevard, Monticello, Minnesota (the "Monticello Project") owned by PHS/Monticello, Inc. (the "Monticello Borrower") and refinanced with the proceeds of the Senior Housing Refunding Revenue Bond (Mississippi Shores Project) Series 2002, issued by the City of Monticello in the original aggregate principal amount of $3,000,000; (c) a 100-unit senior housing facility known as Echo Ridge located at 11033 Gerschwin Avenue North, Oakdale, Minnesota (the "Oakdale Project") owned by PHS/Oakdale, Inc. (the "Oakdale Borrower") and financed with the proceeds of the Elderly Housing Revenue Bonds, Series 1998 (PHM/Oakdale, Inc. Project), issued by the City of Oakdale in the original aggregate principal amount of $8,150,000 and the Elderly Housing Revenue Note, Series 1998 (PHM/Oakdale, Inc. Project}, issued by the City of Oakdale in the original aggregate principal amount of $300,000; (d) a 72-unit senior housing facility known as Summerhouse of Shoreview located at 4655 Victoria Street, Shoreview, Minnesota (the "Shoreview Project") owned by PHS/Shoreview, Inc. (the "Shoreview Borrower") and financed with the proceeds of the Elderly Housing Revenue Bonds (PHIvI/Shoreview, Inc. Project), Series 1998, issued by the City of Shoreview in the original aggregate principal amount of $6,270,000; and (e) a 77-unit senior housing facility known as Stonecrest located at 8723 Promenade Lane, Woodbury, Minnesota (the "Woodbury Project") owned by PHS/Woodbury, Inc. (the "Woodbury Borrower") and financed with the proceeds of the Senior Housing Revenue Bonds, Series 1999 (Summerhouse of Woodbury Project} issued by the City of Woodbury in the original aggregate principal amount of $8,950,000 and the Senior Housing Revenue Note Series 1999 (Summerhouse of Woodbury Project), issued by the City of Woodbury in the original aggregate principal amount of $300,000; and (ii) pay the costs of issuing the Bonds and other related costs of the Projects. The Bloomington Project, the Monticello Project, the Oakdale Project, the Shoreview Project, and the Woodbury Project are referred to collectively as the "Projects." The Bloomington Borrower, the Monticello Borrower, the Oakdale Borrower, the Shoreview Borrower, and the Woodbury Borrower are referred to collectively as the "Borrowers." Approximately $8,625,000 of the proceeds of the Bonds is expected to be allocated to the Bloomington Project. Approximately $3,330,000 of the proceeds of the Bonds is expected to be allocated to the Monticello Project. Approximately $9,025,000 of the proceeds of the Bonds is expected to be allocated to the Oakdale Project. Approximately $6,920,000 of the proceeds of the Bonds is expected to be allocated to the Shoreview Project. Approximately $9,205,000 of the proceeds of the Bonds is expected to be allocated to the Woodbury Project. Following the public hearing, the City will consider adoption of a resolution (i) giving approval to the issuance of the Bonds by Bloomington pursuant to the Act; and (ii) authorizing the execution and delivery by the City of a cooperation agreement with the Cities of Bloomington, Oakdale, Shoreview and Woodbury with respect to the issuance of the Bonds. The Bonds will he special, limited obligations of Bloomington and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No revenue Bonds will be issued by the City. No holder of the Bonds will ever have the right to compel any exercise of the taxing powers of the City, to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City. Before issuing the Bonds, Bloomington will enter into an agreement with each of the Borrowers, whereby each of the Borrowers will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the portion of the Bonds allocated to their respective Project when such payments due. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated [Date of Publication] CITY OF MONTICELLO, MINNESOTA CITY OF MONTICELLO RESOLUTION N0.2008-43 RESOLUTION AUTHORIZING FEASIBILITY REPORT CITY PROJECT N0.2008-1OC WHEREAS, it is proposed to improve Kevin Longley Drive, Jerry Liefert Drive and Hawthorne Place North by rehabilitation of the streets in the form of a mill and overlay and other necessary appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Monticello City Council this 27th day of May, 2008. ~4~ ~?.~ Clint Herbst, Mayor ATTEST: Jeff O' ity Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AMENDED AND RESTATED RESOLUTION NO. 2008-44 RESOLUTION RECOGNIZING THE INDUSTRIAL AND ECONOMIC DEVELOPMENT COMNIITTEE WHEREAS, the City Council is authorized to create advisory boards for the City as deemed necessary for the proper management and operation of the City by Minnesota Statutes Section 412.111, and; WHEREAS, in 1982 an Industrial Development Committee was formed to operate as an independent organization serving as an advocate to influence and assist industrial development in and for the City of Monticello, and; WHEREAS, on February 11, 2008, the City Council of the City of Monticello adopted Resolution No. 2008-16 recognizing the Industrial Development Committee, and; WHEREAS, in May 2008, the purpose of the Industrial and Economic Development Committee was amended and restated to operate as an independent organization serving as an advocate to influence and assist industrial and economic development in and for the City of Monticello, Minnesota with an emphasis on industrial, and; WHEREAS, the mission of the IEDC was amended and restated to increase the tax base and the number of liveable wage-level jobs in Monticello by promoting industrial and economic growth and working to maintain a desirable business environment, and; WHEREAS, the City Council and the Industrial and Economic Development Committee have determined it mutually.beneficial to more formally recognize the IEDC's importance and role in promoting and maintaining industrial and economic development and job creation within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: The existence and continuation of the amended and restated IEDC is hereby recognized by the City Council. 2. The IEDC as an independent organization shall make recommendations, advise, and assist the City Council, the Economic Development Authority, and other City boards and commissions on matters relating to industrial development and job creation and retention. 3. The IEDC shall select and confirm all committee members by a majority of vote of its membership for recommendation to the City Council for Council appointment. 4. The City Council shall appoint the Mayor and a Council Member to the IEDC as non-voting members and shall appoint the Economic Development Director as the Executive Director of the IEDC as anon-voting member. The Executive Director is under the direction of the City Administrator and the City Administrator may assign other support staff to the IEDC as needed. 5. The IEDC shall hold regular meetings the first Tuesday of each month at 7:00 a.m. in the Monticello Community Center. Special meetings maybe called by the Chairperson and Executive Director. 6. The IEDC committee size, make-up of the committee, officers, length of membership term, and attendance shall be governed in accordance with the Monticello Industrial and Economic Development Committee Organizational and Membership Guidelines. ADOPTED this 2~tn day of May, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: D~,~ ~.~5 Dawn Grossinger, Deputy City Clerk 2 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Monticello, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council of said City held June 3, 2008 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance of up to $27,000,000 Telecommunications Revenue Bonds (Fibernet Minnesota Project), Series 2008. WITNESS My hand officially this 3rd of June, 2008. City Clerk City of Monticello, Minnesota tb.us.2892516.04 -4- City of Monticello RESOLUTION #2008-45 RESOLUTION APPROVING ISSUANCE OF TELECOMMUNICATIONS REVENUE BONDS (FIBERNET MONTICELLO PROJECT), SERIES 2008 IN AN AGGREGATE PRINCIPAL AMOUNT OF UP TO $27,000,000 AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A SUPPLEMENTAL AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A SUPPLEMENT TO PRELIMINARY OFFICIAL STATEMENT, A FINAL OFFICIAL STATEMENT, AND CERTAIN DOCUMENTS RELATED THERETO WHEREAS, the City Council has determined that it is necessary and expedient that the City issue its Telecommunications Revenue Bonds (Fibernet Monticello Project), Series 2008 in an aggregate principal amount of up to $27,000,000 (the "Bonds") to finance the construction of a "fiber-to-the-premises" broadband communications network in the City (the "Project") pursuant to the terms of an Indenture of Trust to be entered into between the City and Wells Fargo Bank, National Association (the "Trustee") (the "Indenture"); and WHEREAS, there has been presented to this Council a Preliminary Official Statement dated as of May 5, 2008 (the "Preliminary Official Statement") and a draft of a Supplement to Preliminary Official Statement dated as of June 3, 2008 (the "Supplement to Preliminary Official Statement"), forms of an Indenture, the Bond Purchase Agreement between the City and Oppenheimer & Co. Inc (the "Bond Purchase Agreement") providing for the sale of the Bonds, a Supplemental Agreement between the City and Oppenheimer & Co., Inc. and the Continuing Disclosure Agreement between the City and the Trustee (the "Continuing Disclosure Agreement"). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota, as follows: 1. The City is hereby authorized to issue the Bonds in an aggregate principal amount not to exceed $27,000,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution (the "Final Resolution") and made a part hereof; provided, however, that the maturities of the Bonds, the interest rates thereon, the numbering, and the rights of optional redemption with respect thereto shall all be as set forth in the final forms of Indenture and Bond Purchase Agreement to be approved by the Mayor and City Administrator, in consultation with Springsted Incorporated; and provided further that, in no event, shall such maturities exceed 25 years or such rates of interest exceed 7.50% per annum. The Bond Purchase Agreement may provide for a maximum underwriting discount or ~~ commitment of 1.425% of the principal amount of Bonds. The Mayor and City Clerk are authorized to execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Final Resolution and the other documents required by the Indenture, for authentication, registration and delivery to the Underwriter. -2- 2. The forms of Indenture, the Continuing Disclosure Agreement, the Bond Purchase Agreement, the Supplemental Agreement (the "Bond Documents"), the Preliminary Official Statement and the Supplement to Preliminary Official Statement are hereby approved, and following pricing approval, the Mayor and the City Clerk are authorized to execute and deliver the Bond Documents on behalf of the City, in substantially the forms on file, but with all such changes therein, not inconsistent with applicable law, as may be approved by the officials executing the same, which execution shall constitute conclusive evidence of the approval thereof. The Bond Documents constitute contractual obligations of the City. 3. Preparation and distribution of an Official Statement (the "Official Statement"), in substantially the same form as the Preliminary Official Statement, as supplemented by the Supplement to Preliminary Official Statement, is hereby approved. 4. The Mayor, City Administrator and City Clerk are authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds certified copies of all proceedings and records relating to the Bond Documents, the Preliminary Official Statement, the Supplement to Preliminary Official Statement and the Official Statement and to the right, power and authority of the City and its officers to execute and deliver the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. S. The Mayor, the City Administrator and °`'-~- ^~~-- ~~~=~~~ ~--a ~*~rr the City Finance Director are authorized and directed to take all other actions and do all other things necessary to assure the expeditious completion of the construction of the Project and the financing thereof as contemplated hereby and to pay all fees and expenses incurred in connection with the transaction. The motion for the adoption of the foregoing resolution was duly seconded by Member Mayer, and upon vote being taken thereon the following voted in favor thereof: Clint Herbst, Brian Stumpf, Wayne Mayer, Susie Wojchouski, and Tom Perrault, and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. -3- CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-46 RESOLUTION APPROVING THE COMPLETION OF THE NATURAL RESOURCES INVENTORY AND ASSESSMENT AND SUPPORTING THE USE OF STATE OF MINNESOTA GRANT FUNDING FOR THE NATURAL RESOURCES INVENTORY AND ASSESSMENT. WHEREAS, the City adopted a Comprehensive Plan in 2008, and; WHEREAS, the Comprehensive Plan cites the completion of a Natural Resources Inventory as a "Next Step" in achieving the goals of the Plan, and; WHEREAS, the City has seen dramatic growth over the last 10 years and with an increase in population and development comes an increased demand for natural resource information, protection and conservation within the City's Planning Area, and; WHEREAS, the City has received and reviewed qualified proposals for the completion of the Natural Resource Inventory and Assessment, and; WHEREAS, the City is supportive of the appropriation and use of grant funding from the State of Minnesota Department of Natural Resources Community Conservation Assistance Program to complete the Natural Resource Inventory and Assessment. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, that it hereby approves the completion of the natural resources inventory and assessment and supports the use of State of Minnesota grant funding for the City of Monticello Natural Resources Inventory and Assessment. Adopted by the City Council of Monticello, Minnesota on the 9th day of June, 2008. ~C~_.f Clint Herbst, Mayor ATTEST: ~J ~T,r~ ~s Dawn Grossinger, City Clerk RESOLUTION N0.2008-47 CITY OF MONTICELLO, MINNESOTA APPROVING THE ISSUANCE OF ONE OR MORE SERIES OF REVENUE REFUNDING BONDS BY THE CITY OF BLOOMINGTON, MINNESOTA UNDER MINNESOTA STATUTES, SECTIONS 462C, AS AMENDED, TO REFINANCE A SENIOR HOUSING FACILITY LOCATED IN THE CITY OF MONTICELLO, MINNESOTA BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the "Act"), authorizes and empowers municipalities of the State of Minnesota to issue and sell revenue bonds and lend the proceeds thereof to a nonprofit corporation for the purpose of financing or refinancing multifamily rental housing developments designed and intended to be used primarily by elderly or physically handicapped persons and new or existing health care facilities that provide nursing, medical, personal care, and other health related assisted living services on a 24-hour basis to the residents; and WHEREAS, at the request of Presbyterian Homes Housing and Assisted Living, Inc. (now known as PHS/Monticello, Inc.), a Minnesota nonprofit corporation (the "Monticello Borrower"), the City previously issued its Senior Housing Revenue Bonds (Mississippi Shores Project), Series 1995 (the "Series 1995 Bonds"), the proceeds of which were applied to the acquisition, construction, and equipping of a 49-unit senior housing facility known as Mississippi Shores located at 1213 Hart Boulevard in the City (the "Monticello Project"); and WHEREAS, at the request of the Borrower, the City also previously issued its Senior Housing Refunding Revenue Bond (Mississippi Shores Project), Series 2002 (the "Series 2002 Bond"), the proceeds of which were applied to refinance the Monticello Project by redeeming and prepaying the Series 1995 Bonds; and WHEREAS, the City of Bloomington ("Bloomington") has proposed to issue one or more series of revenue obligations and loan the proceeds derived from the sale of the obligations to the borrowers referenced herein to be used as follows: (i) the refinancing of certain capital assets, through the redemption of outstanding bonds that financed those assets, including: (a) the Monticello Project; (b) an 88-unit senior housing facility known as Summerhouse of Bloomington located at 9850 Lyndale Avenue South, Bloomington, Minnesota (the "Bloomington Project") owned by Presbyterian Homes of Bloomington, Inc. (the "Bloomington Borrower"); (c) a 100-unit senior housing facility known as Echo Ridge located at 11033 Gerschwin Avenue North, Oakdale, Minnesota (the "Oakdale Project") owned by PHS/Oakdale, Inc. (the "Oakdale Borrower"); (d) a 72-unit senior housing facility known as Summerhouse of Shoreview located at 4655 Victoria Street, Shoreview, Minnesota (the "Shoreview Project") owned by PHS/Shoreview, Inc. (the "Shoreview Borrower"); and (e) a 77-unit senior housing facility known as Stonecrest located at 8723 Promenade Lane, Woodbury, Minnesota (the "Woodbury Project") owned by PHS/Woodbury, Inc. (the "Woodbury Borrower"); and (ii) the payment of the costs of issuing the Bonds; and WHEREAS, the Bloomington Project, the Monticello Project, the Oakdale Project, the Shoreview Project, and. the Woodbury Project are referred to collectively as the "Projects" and the Bloomington Borrower, the Monticello Borrower, the Oakdale Borrower, the Shoreview Borrower, and the Woodbury Borrower are referred to collectively as the "Borrowers"; and WHEREAS, the Borrower has advised this Council that it has requested that Bloomington issue revenue bonds pursuant to the Act in an aggregate principal amount which is not expected to exceed $37,105,000 (the "Bonds") for the purposes described above, including the refinancing of the Monticello Project and the redemption of the Series 2002 Bonds issued by the City; and WHEREAS, approximately $3,330,000 of the proceeds of the Bonds is expected to be allocated to the Monticello Project, approximately $8,625,000 of the proceeds of the Bonds is expected to be allocated to the Bloomington Project, approximately $9,025,000 of the proceeds of the Bonds is expected to be allocated to the Oakdale Project, approximately $6,920,000 of the proceeds of the Bonds is expected to be allocated to the Shoreview Project, and approximately $9,205,000 of the proceeds of the Bonds is expected to be allocated to the Woodbury Project; and WHEREAS, pursuant to Minnesota Statutes, Section 471.656, as amended, a city may issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such city if the obligations are issued under a joint powers agreement in which one or more of the parties to the joint powers agreement issue such obligations and the property is located entirely within the boundaries of one or more of the parties to the joint powers agreement; and WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more cities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, on June 23, 2008, the City conducted a public hearing on the issuance of Bonds for the purposes of refinancing the Monticello Project, at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the refinancing of the Monticello Project and the proposed issuance of such revenue obligations by Bloomington, notice of which was published as required by Minnesota Statutes, Section 46X.04, subdivision 2, of the Act, and Section 147(f) of the Internal Revenue Code of 1986, as amended, in the Monticello Times, the official newspaper and a newspaper circulating generally in the City, on June 5, 2008, a date at least fourteen (14) days before a meeting of the City Council of the City on June 23, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA THAT: Section 1. Approval of Issuance of Bonds by Bloomin on. 1.01. The City hereby approves and authorizes the issuance by Bloomington of one or more series of Variable Rate Demand Senior Housing Revenue Refunding Bonds (Presbyterian Homes Projects), Series 2008 (the "Bonds"), in an aggregate principal amount not to exceed $37,105,000, to refinance the Projects. 1.02 The Bonds are to be issued pursuant to authority granted by the Act. The Bonds will constitute a revenue obligation secured solely by the Projects, revenues derived from the operation of the Projects, and other security provided by the Borrowers. The Bonds will not constitute a general or moral obligation of Bloomington or the City, or be secured by any taxing power of Bloomington or the City. 1.03. The City has determined that it is desirable, feasible, and consistent with the objectives and purposes of the Act, and it is in the best interests of the City, to approve the issuance of the Bonds by Bloomington to finance in part the redemption of the Series 2002 Bonds, which refinanced the Monticello Project and pay of the costs of issuing the Bonds. Section 2. Cooperation Agreement. A Cooperation Agreement, to be dated on or after July 1, 2008, between Bloomington, the City, Oakdale, Shoreview and Woodbury (the "Cooperation Agreement") is hereby approved, in substantially the form on file with the City. The Mayor and City Administrator of the City are authorized and directed to execute and deliver the Cooperation Agreement, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and City Administrator shall be conclusive evidence of such determination. Section 3. Documents Furnished to Bond Counsel. The Mayor, City Administrator, and other officers of the City are authorized and directed to furnish to Kennedy & Graven, Chartered, as bond counsel ("Bond Counsel"), certified copies of all proceedings and records of the City relating to such affidavits, certificates, and other documents as may be required by Bond Counsel to show the facts relating to the legality of the Cooperation Agreement and related documents, as such facts appear from the books and records in the custody and control of such officers or as otherwise known to them; and all such certified copies, certificates, affidavits, and other documents, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section 4. Costs. The Borrowers will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. Section 5. Effective Date. This Resolution shall be in full force and effect from and after its passage this 23rd day of June, 2008. CITY OF MONTICELLO, MINNESOTA Its Mayor f ~. `~ '/ Attest: (~ _'~.~ ~ ~'"~ ./~s~--~--C1,G' Ci ~ ~;i~nistrator BL130-126 (JAE) 332149v.2 4 CITY OF MONTICELLO RESOLUTION N0.2008-48 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, Wright County/West Metro Whitetails has submitted an application to the City Council of Monticello for aone-day charitable gambling license to a raffle at River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Wright County/West Metro Whitetails for aone-day charitable gambling license for September 7, 2008 to conduct a raffle at River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 23rd day of June, 2008. Clint Herbst, Mayor ATTEST: ~ . I ~~ , Jeff O' , ei~~~ ity Administrator CITY OF MONTICELLO RESOLUTION N0.2008-49 RESOLUTION APPROVING PLANS & SPECIFICATIONS AND OBTAINING QUOTES RIVER STREET CLOSURE -CITY PROJECT N0.2008 14C WHEREAS, pursuant to a motion of the City Council on June 9, 2008, the City Engineer has prepared plans and specifications for the closure of River Street at the intersection of TH 25 and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Engineering is hereby directed to obtain quotes for the proposed work. Adopted by the Monticello City Council this 23'~ day of June, 2008. CITY OF MONTICELLO ATTEST: Clint Herbst, Mayor Jeff O'Neill, City Administrator ~o~ ~,~~~rt~v~ CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-50 RESOLUTION AWARDING CONTRACT GRADING AND UTILITY IMPROVEMENTS FOR HEAD-END BUILDING SITE PROJECT N0.2006-32C WHEREAS, pursuant to an advertisement for bids for the grading and utility improvements for the head-end building site and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: CONTRACTOR BID Schluender Construction Inc. $133,874.00 Rum River Contractin Co. $136,056.84 Kuechle Underground, Inc. $138,265.20 Sundblad Construction, Inc. $141,599.55 Hardrives, Inc. $147,678.95 Dennis Fehn Gravel & Excavating $150,736.77 Dave Perkins Contractin ,Inc. $152,165.00 Rand Kramer Excavatin Inc. $156,107.30 Northdale Construction Co. Inc. $160,136.12 R.L. Larson Excavating, Inc. $165,037.00 Rahm Construction, Inc. $167,631.30 S.R. Weidema, Inc. $173,704.86 Kober Excavating, Inc. $174,416.80 WHEREAS, the bid of Schluender Construction of Monticello, MN in the amount of $133,874.00 for the bid for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 23rd day of June, 2008 Clint Herbst, Mayor ATTEST: Jeff B' , Ci y A ministrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-51 RESOLUTION AWARDING CONTRACT FOR FIBER OPTICS HEAD-END BUILDING PROJECT N0.2006-32C WHEREAS, pursuant to an advertisement for bids for the construction of the head-end building and garage footings and foundation and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: CONTRACTOR ALTERNATE # 1 BID KC Com anies,Inc. $14,500 $555,000 Forza Construction $14,660 $566,400 GenCon/Graus Construction $19,800 $567,400 Nelson Builders $ 9,613 $581,664 Go her State Contractors, Inc $15,900 $583,264 Shingobee Builders $14,000 $599,000 Hunerber Construction $12,975 $670,722 WHEREAS, the bid of KC Companies, Inc. of Waite Park, MN in the amount of $555,000 for the bid for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 23rd day of June, 2008 C~~ ~ ~~ Clint Herbst, Mayor ATTEST: ~~~ Jeff O' 1 ' y Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-52 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR FIBER OPTIC NETWORK CITY PROJECT N0.2006-32C WHEREAS, pursuant to a motion passed by the Council on May 12, 2008 Spectrum Engineering Corporation (SEC), consulting engineer, has prepared plans and specifications for the construction of a revised fiber optic to the home network system and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such plans and specifications, acopy ofwhich is on file in the office of the City Clerk, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bid upon the making of such improvement under such approved plans and specifications. The advertisement shall be published one day, shall specify the work to be done, and shall state that bids will be opened at 1 p.m. on July 22, 2008 and that the award of the bid and the responsibility of the bidders will be considered by the City Council at 7 p.m. on July 28, 2008 in the Council Chambers of City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for five percent of the amount of such bid. Adopted by the Monticello City Council this 23rd day of June, 2008. ~~=~ ~~.~ Clint Herbst, Mayor ATTEST: r Jeff ,City Administrator City of Monticello RESOLUTION N0.2008-53 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Monticello Lions Club Cash Contribution $1,150.00 Dick Slais Cash Contribution $100.00 Jennifer Mathieu Famil Cash Contribution $500.00 Kell & R an Kadelbach Cash Contribution $150.00 VFW Post #8731 Cash Contribution $500.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Monticello Lions Club Ci of Monticello Fla Pole -East Brid a Park Dick Slais Ci of Monticello Block P Jennifer Mathieu Famil MCC Pla Station Kell & Ryan Kadelbach MCC Pla e ui ment -Child Care VFW Post #8731 Cit of Monticello Band for RiverFest Adopted by the City Council of Monticello this 14th day of July, 2008. ATTEST: Jeff ' 1, City Administrator Clint Herbst, ayor CITY OF MONTICELLO RESOLUTION N0.2008-54 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, Ducks Unlimited Chapter #256 has submitted an application to the City Council of Monticello for aone-day charitable gambling license to a raffle at River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Ducks Unlimited Chapter #256 for aone-day charitable gambling license for October 9, 2008 to conduct charitable gambling activities at River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of July, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Nei dministrator CITY OF MONTICELLO WRIGHT COUNTY RESOLUTION N0.2008-55 VACATING A PORTION OF DUNDAS ROAD AN VACATING A PORTION OF CEDAR STREET (OLD TH 25) AMAX PLAT WHEREAS, a public hearing on the vacation of a portion of the Dundas Road right-of--way and Cedar Street (Old TH 25) right-of--way as described below was held on June 9, 2008 at 7 p.m. at the Monticello City Hal DESCRIPTION OF A PORTION OF DUNDAS ROAD TO BE VACATED That part of Dundas Road in the South Half of the Northwest Quarter of section 14, Township 121, Range 25, Wright County, Minnesota, which lies easterly of the easterly right of way line of old Cedar Street (Old State Highway No. 25), also which lies southerly of a line drawn parallel with and distant 40.00 feet southerly of line 1 as described below, and also which lies westerly of a line drawn parallel with and distant 40.00 feet westerly of line 2 as described below. Line 1: Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along the north line of said South Half of the Northwest Quarter, 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, parallel with the east line of said South Half of the Northwest Quarter, 584.77 feet, to its intersection with a line drawn parallel with and distant 584.69 feet south of said north line; thence South 89 degrees 00 minutes 47 seconds West along said last described parallel line, 428.09 feet, to the point of beginning of said line 1 to be hereinafter described; thence westerly and northwesterly, 318.44 feet, along a tangential curve, concave to the north, having a radius of 750.00 feet and a central angle of 24 degrees 19 minutes 37 seconds, and said line 1 there terminating. Line 2: Commencing at the Northeast corner of said South Half of the Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along said north line of the South Half of the Northwest Quarter, 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, parallel with said east line of the South Half of the Northwest Quarter, 924.00 feet; thence South 89 degrees 00 minutes 47 seconds West, parallel with said north line, 567.42 feet, to the point of beginning of said line 2 to be hereinafter described; thence northerly, 345.84 feet, along a non tangential curve, concave to the west, having a radius of 1150.00 feet and a central angle of 17 degrees 13 minutes 50 seconds, the chord of said curve bears North 09 degrees 08 minutes 17 seconds East, and said line 2 there terminating. DESCRIPTION OF CEDAR STREET (OLD TH 25) TO BE VACATED: That part of New State Trunk Highway No. 25, being part of the Southwest Quarter of the Northwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota, which lies within Cedar Street (Old State Highway No. 25), and which lies easterly of the following described Line 1, and which lies northerly of the following described Line 2. Line 1: Commencing at the intersection of the South line of said Southwest Quarter of the Northwest Quarter with the easterly right of way line of State Trunk Highway No 25; thence westerly along said South line a distance of 7.30 feet to the point of beginning of Line 1; thence northeasterly a distance of 490.58 feet, more less, to the intersection of the westerly right of way line of Cedar Street (Old State Highway No. 25) with the North line of New State Trunk Highway No. 25, shown as Station 531+75 on Minnesota Department of Transportation highway plans and there terminating. Line 2: Commencing at the Northeast corner of the South Half of the Northwest Quarter of said Section 14; thence westerly along the North line of said South Half of the Northwest Quarter, a distance of 1056.00 feet; thence southerly parallel with the East line of said South Half of the Northwest Quarter, a distance of 924.00 feet to the point of beginning of said Line 2; thence westerly parallel with the North line of said South Half of the Northwest Quarter to intersect the above described Line 1 and there terminating. NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OFMONTICELLO, MINNESOTA: that the above described street right-of--way of Dundas Road is vacated with the City retaining a drainage and utility easement over described area and that the above described right-of--way for Cedar Street (Old TH 25) is also vacated. Adopted by the City Council of Monticello, Minnesota this 14th day of July, 2008. ATTEST: Jeff O' eil y Administrator ~,~ ,~ ~-~ Clint Herbst, Mayor CITY OF MONTICELLO RESOLUTION N0.2008-56 REQUESTING MN/DOT TO CONDUCT A SPEED STUDY ON CHELSEA ROAD FROM CSAH 18 TO TH 25, AND ON EDMONSON AVENUE FROM 87TH STREET TO CHELSEA ROAD WHEREAS, THIS RESOLUTION, was made this 14~' day of July, 2008 by the City of Monticello in Wright County, Minnesota. The Municipal corporation shall hereinafter be called the "City," WHEREAS, the traffic and pedestrian chazacteristics of Chelsea Road have changed following reconstruction of the road, including the additions of a center two-way left turn lane and pedestrian pathway; WHEREAS, the traffic and pedestrian characteristics of Edmonson Avenue have changed following reconstruction of several sections of the road, including the addition of several segments of pedestrian pathways; WHEREAS, the traffic volumes and pedestrian traffic on Chelsea Road and Edmonson Avenue aze continuing to increase; WHEREAS, the "City" is requesting a speed study be completed on Chelsea road from CSAH 18 to TH 25, and on Edmonson Avenue from 87~' Street to Chelsea Road; WHEREAS, the "City" has contacted the State of Minnesota (Mn/DOT) who has agreed to complete the study; NOW, THEREFORE, IT IS HEREBYRESOLVED: That the "City" is requesting the State of Minnesota (Mn/DOT) to conduct a speed study on Chelsea road from CSAH 18 to TH 25, and on Edmonson Avenue from 87~' Street to Chelsea Road. Adopted by the City Council of Monticello this 14~' day of July, 2008. ~~ Clint Herbst, Mayor ATTEST: ~i?~e~ Jeff O'Ne Administrator CITY OF MONTICELLO RESOLUTION N0.2008-57 ACCEPTING IMPROVEMENTS FALCON AVENUE PATHWAY PROJECT CITY PROJECT N0.2007-12C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Rum River Contracting Company of Princeton, Minnesota the contractor has satisfactorily completed the work for extending a 8-foot wide bituminous pathway along the west side of Fallon Avenue between Farmstead Avenue and School Boulevard other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to extend two years from the date of acceptance of the project by the City Council. Adopted by the Monticello City Council this 14a` day of July, 2008. ~-~~~~~~ Clint Herbst, Mayor ATTEST: Jeff O' i ty Administrator City of Monticello RESOLUTION N0.2008-58 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Goldber Bondin Cash donation $100.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Goldber Bondin Monticello Communi Center National Ni ht Out Adopted by the City Council of Monticello this 28th day of July, 2008. ~~~~~ Mayor, Clint Herbst ATTEST: `./~~.~ Jeff pity Administrator contributions block party resotution.doc: 7/22/2008 CITY OF MONTICELLO RESOLUTION N0.2008-59 RESOLUTION ADOPTING ASSESSMENT ROLL FIRST QUARTER 2008 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that n interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 28a' day of July, 2008. ATTEST: c Je ,City Administrator Clint Herbst, Mayor CITY OF MONTICELLO RESOLUTION N0.2008-60 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, the St. Michael-Albertville Rotary Club has submitted an application to the City Council of Monticello for aone-day charitable gambling license for a raffle at the Monticello Country Club on September 15, 2008, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the St. Michael-Albertville Rotary Club for aone-day charitable gambling license for September 15, 2008 to conduct charitable gambling activities at the Monticello Country Club is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 28th day of July, 2008. ~~ ~~t~ Clint Herbst, Mayor ATTEST: ~~ Jeff ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-61 ACCEPTING IMPROVEMENTS MEADOW OAK/CASH39 LIFT STATIONS & FORCEMAIN PROJECT CITY PROJECT N0.2003-02C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Barbarossa and Sons, Inc. of Osseo, Minnesota the contractor has satisfactorily completed the work for reconstructing the Meadow Oaks and CSAH 391ift stations and the construction of forcemain and gravity sanitary sewer to reroute flows from the southeast service are of Monticello to the wastewater treatment facility and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOL VED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract. Adopted by the Monticello City Council this 28~' day of July, 2008. ~~~ ,~ Clint Herbst, Mayor ATTEST: ~~e J ill, City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-62 ACCEPTING IMPROVEMENTS REALIGNMENT OF TERRITORIAL ROAD CITY PROJECT N0.2005-21C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Schluender Construction Inc. of Monticello, Minnesota the contractor has satisfactorily completed the work for constructing a 12-foot wide gravel surface within an easement obtained from the Busch property and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to extend two years from the date of acceptance of the project by the City Council. Adopted by the Monticello City Council this 28~' day of July, 2008. ~~ ~~ Clint Herbst, Mayor ATTEST: z.~_' Je ' 1, City Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-63 RESOLUTION AWARDING CONTRACT FOR THE FIBER LOOP PROJECT PROJECT N0.2006-32C WHEREAS, pursuant to an advertisement for bids for the construction of 11.19 miles of fiber optics which is a subset of the FiberNet Monticello project and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: BIDDER BID AMOUNT Grad Crawford Construction Co., Inc. Baton Rou e, LA $1,439,766.00 MasTec -Twin Cities, Hu o, MN $1,491,71.37 Michael's Co oration, Brownsville, Wisconsin $1,250,337.62 MP Nexlevel, LLC., Ma le Lake, MN $1,071,967.00 S al~ Construction, Deerwood, MN $1,619,415.5 Te1Com Construction $1,263,344.92 Atlantic En 'neerin , Braselton, Geor 'a No Bid North Central Service, Inc., Clearbrook, MN No Bid WHEREAS, the bid of MP Nexlevel of Maple Lake, MN in the amount of $1,071,967.00 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 28th day of July, 2008 C~~ ~~~i Clint Herbst, Mayor ATTEST: Jeff O'Nei ' ,Administrator CITY OF MONTICELLO RESOLUTION N0.2008-64 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR IMPROVEMENTS TO KEVIN LONGLEY DRIVE AND JERRY LIEFERT DRIVE CITY PROJECT N0.2008-1OC WHEREAS, pursuant to a resolution of the Council adopted May 27, 2006, a report has been prepared by the City Engineer with reference to the improvement of Kevin Longley Drive from Prairie Road to Jerry Liefert Drive and along Jerry Liefert Drive from Kevin Longley Drive to CSAH 75 by the milling of 1 %Z inches of bituminous pavement for a width of 8 feet along the outside of each street and placement of a 1 %2 inch bituminous overlay along with replacement or repair of curb and gutter where necessary and other necessary appurtenant work and this report was received by the Monticello City Council on July 28, 2008; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective and feasible, NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $27 0674.58. 2. A public hearing shall be held on such proposed improvement on the 11th day of August, 2008 in the Council Chambers of City Hall at 7 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required bylaw. Adopted by the Monticello City Council this 28th day of July, 2008. ATTEST: ~~~~~-~~ Clint Herbst, Mayor `~ ' Jeff O' i 'ty Administrator CITY OF MONTICELLO RESOLUTION N0.2008-65 RESOLUTION AUTHORIZING THE ISSUANCE OF A ONE DAYCHARITABLE GAMBLING LICENSE WHEREAS, Wright County Ducks Unlimited Chapter 039 has submitted an application to the City Council of Monticello for aone-day charitable gambling license for a raffle at River City Extreme at 3875 School Boulevard on September 22, 2008, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Wright County Ducks Unlimited Chapter 039 for aone-day charitable gambling license for September 22, 2008 to conduct charitable gambling activities at River City Extreme, 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 11th day of August , 2008. ~~~ ~~~~ Clint Herbst, Mayor ATTEST: Jeff ity Administrator CITY OF MONTICELLO RESOLUTION N0.2008-66 RESOLUTION AUTHORIZING THE ISSUANCE OF A TEMPORARY CHARITABLE GAMBLING LICENSE WHEREAS, the Church of Saint Henry has submitted an application to the City Council of Monticello for a temporary charitable gambling license to conduct charitable gambling activities at the parish grounds at 1001 East 7th Street on September 20-21, 2008, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Church of Saint Henry for a temporary charitable gambling license for September 20-21, 2008 to conduct charitable gambling activities at the parish grounds at 1001 East 7th Street is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 11th day of August, 2008. Clint Herbst, Mayor ATTEST: Jeff ity Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-67 RESOLUTION ORDING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS CITY PROJECT N0.2008-1OC WHEREAS, a resolution of the City Council adopted the 28~' day of July fixed a date for a public hearing on the proposed improvement of Kevin Longley Drive and Jerry Liefert Drive by mill and overlayment and other appurtenant work and the improvement of Hawthorne Place North by construction of drainage improvements, street reconstruction and other appurtenant work; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on August 11, 2008 at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the l la' day of August 2008. 3. The City Engineer is hereby designated as the engineer for this improvement. The City Engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Monticello City Council this 11~' day of August, 2008. Clint Herbst, Mayor ATTEST: ~i i~~ Jeff ity Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-68 A RESOLUTION ESTABLISHING AN ABSENTEE BALLOT BOARD WHEREAS, Minnesota Election Laws 203B.13 provides authority to a municipality to establish an Absentee Ballot Board in accordance with the provisions of the law; and WHEREAS, this will eliminate the need for election judges to perform this technical and time consuming task on election day wherein the Absentee Ballot Board can begin this process 30 days prior to an election; and WHEREAS, this will speed the processing of accepted absentee ballots delivered to the precincts to be incorporated into the vote counts on election day; giving election judges more available time for voters at the polls, and NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OFMONTICELLO, MINNESOTA that an Absentee Ballot Board be established as provided for by law for the purpose of reviewing all absentee ballots and marking the absentee ballot envelopes as "accepted" or "rejected" with the board to consist of a sufficient number of election judges as provided in Sections 204B.19-204B.22 to perform the task. Adopted by the Monticello City Council this 25a' day of August, 2008. ,~ ,/LZ~.,G~' Clint Herbst, Mayor ATTEST: /f r Jeff O' ity Administrator City of Monticello RESOLUTION N0.2008-69 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Monticello RV Center Cash Contribution $ l 00.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Monticello RV Center Cit of Monticello Fire Dept. Equi ment Adopted by the City Council of Monticello this 25th day of August, 2008. ~~~~ Clint Herbst, Mayor ATTEST: Je 11, City Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-70 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS JERRY LIEFERT DRIVE/KEVIN LONGLEY DRIVE/HAWTHORNE PLACE NORTH CITY PROJECT N0.2008-1OC WHEREAS, pursuant to a motion passed by the Council ON August 11, 2008 the City Engineer, has prepared plans and specifications for the improvement of Kevin Longley Drive and Jerry Liefert Drive by mill and overlayment and other appurtenant work and the improvement of Hawthorne Place North by construction of drainage improvements, street reconstruction and other appurtenant work and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such plans and specifications, a copy of which is on file in the office of the City Clerk, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bid upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, and shall state that bids will be opened at 10 a.m. on September 18, 2008 and that the award of the bid and the responsibility of the bidders will be considered by the City Council at 7 p.m. on September 22, 2008 in the Council Chambers of City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for five percent of the amount of such bid. Adopted by the Monticello City Council this 25~' day of September, 2008. ATTEST: Jeff O' ity Administrator ~~ Clint Herbst, Mayor CITY OF MONTICELLO RESOLUTION N0.2008-71 ACCEPTING IMPROVEMENTS TOWER DRIVE IMPROVEMENT CITY PROJECT N0.2007-08C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Doboszenski & Sons, Inc. of Loretto, Minnesota the contractor has satisfactorily completed the work for reconstructing the gravel segment of Tower Drive from Community United Methodist Church to the water tower site with bituminous pavement, curb and gutter, storm sewer and construction of a parking lot adjacent to the water tower site and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to extend two years from the date of acceptance of the project by the City Council. Adopted by the Monticello City Council this 25~' day of August, 2008. Clint Herbst, ayor ATTEST: Jeff ' 1, City Administrator City of Monticello RESOLUTION N0.2008-72 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE Land Of Lakes Choirbo s Cash Contribution $2,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Land Of Lakes Choirbo s Ci of Monticello Monticello Communit Center Adopted by the City Council of Monticello this 8th day of September, 2008. Clint Herbst, ayor ATTEST: C~tc~~=c~~' Jeff O ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-73 RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION FUNDING WHEREAS, THIS RESOLUTION, was made this 22nd day of September, 2008 by the City of Monticello in Wright County, Minnesota. The Municipal Corporation shall hereinafter be called the "City," WHEREAS, the "City" is committed to the business and residential growth and expansion along the I-94 corridor from the 494/694 intersection in Maple Grove through Monticello (hereinafter the I-94 corridor), and WHEREAS, the I-94 corridor has been one of the fastest growth corridors in the State of Minnesota and the Nation, and WHEREAS, the "City" believes the continued growth and economic expansion along the I-94 corridor is dependent upon its continued viability as an uncongested major transportation corridor serving businesses and residents of the northwestern metro area as well as the State of Minnesota as a whole, and WHEREAS, the I-94 corridor functions as a major transportation route for access to northern and northwestern Minnesota recreation areas, and WHEREAS, the I-94 corridor is routinely congested, particularly in morning and afternoon rush hours, and, due to its role as a major transportation route to access northern and northwestern Minnesota recreation areas, congestion on the I-94 corridor has expanded to weekends in the summer and holidays, as well as during fishing and hunting seasons, and WHEREAS, the "City" hereby fully supports increased capacity along the I-94 corridor as a transportation priority for the State of Minnesota NOW, THEREFORE, IT IS HEREBYRESOLVED: That the "City" along with Cities, Counties and the I-94 West Chamber of Commerce business members along the I-94 corridor from Maple Grove to Monticello agree to work with Congressional and Legislative leaders, along with other Chambers of Commerce and business leaders throughout the state to help secure support from Congressional and Legislative leaders to advance the I-94 corridor expansion as a priority for the State of Minnesota. Adopted by the City Council of Monticello this 22nd day of September, 2008. ~~~~ Clint Herbst, Mayor ATTEST: ( J("' _} r ~. ~` J Jeff ity Administrator ' ~'" ~"- , ~~} t `. f,,.. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008- RESOLUTION SUPPORTING REQUEST FOR LCCMR APPROPRIATIONS FROM THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND WHEREAS, the Monticello City Council supports an application to the LCCMR Environment and Natural Resources Trust Fund to be submitted on September 30, 2008 and that Jeff O'Neill; City Administrator, is hereby authorized to submit the request on behalf of the City of Monticello, in partnership with Wright County. WHEREAS, that the City of Monticello, in partnership with Wright County, has begun developing the necessary financial agreements to meet the match requirement and proper acquisition of the proposed project. WHEREAS, upon approval of its application by the LCCMR, the City of Monticello may enter into an agreement with the LCCMR and that the City of Monticello certifies that it will comply with all applicable laws and regulations as stated in the request. NOW, THEREFORE BE IT RESOLVED that Jeff O'Neill; City Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of Monticello, Minnesota on the 22nd day of September, 2008. Clint Herbst, Mayor ATTEST: Daw finger, City Clerk CITY OF MONTICELLO RESOLUTION N0.2008-74 ACCEPTING IMPROVEMENT MONTICELLO BUSINESS CENTER (OTTER CREEK INDUSTRIAL PARK) GRADING AND DRAINAGE PROJECT CITY PROJECT NO. 2006-18C WHEREAS, pursuant to a written contract signed with the City of Monticello on August 29, 2006, R.L. Larson Excavating Inc. of St. Cloud, Minnesota has satisfactorily completed the grading and drainage improvements to Monticello Business Center (Otter Creek Industrial Park) in accordance with such contract: NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF THE CITY OFMONTICELLO: That the work completed under said contract is hereby accepted subject to: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two year maintenance bond covering the period from September 22, 2008 until September 22, 2010. Adopted by the Monticello City Council this 22nd day of September, 2008. ~~ Clint Herbst, Mayor ATTEST: Jeff ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-75 RESOLUTION APROVING FINAL PLAT RIVERVIEW SQUARE SECOND ADDITION WHEREAS, the Planning Commission on September 8, 2008 considered the final plat of Riverview Square Second Addition and recommends approval of the same; WHEREAS, the Council has reviewed the recommendation of the Planning Commission; NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the final plat for the Riverview Square Second Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance. Adopted by the Monticello City Council this 22°d day of September, 2008. Clint Herbst, ayor ATTEST: Jeff O'N ' Administrator CITY OF MONTICELLO RESOLUTION NO. 2008-76 RESOLUTION APROVING FINAL PLAT MONTICELLO COMMERCE CENTER 8TH ADDITION WHEREAS, the Planning Commission on September 8, 2008 considered the final plat of Riverview Square Second Addition and recommends approval of the same; WHEREAS, the Council has reviewed the recommendation of the Planning Commission; NOW THEREFORE, BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA, that the final plat for the Monticello Commerce Center 8th Addition is hereby approved contingent upon meeting all conditions of the subdivision ordinance. Adopted by the Monticello City Council this 22°a day of September, 2008. ATTEST: Clint Herbst, Mayor Jeff O' it y Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA .RESOLUTION NO. Zoos-~~ RESOLUTION ADOPTING SPECIAL ASSESSMENTS ASSOCIATED WITH THE CONSTRUCTION OF TURN LANES AND ASSOCIATED UTILITY IMPROVEMENTS TO SERVE MILLS PROPERTIES, INC. (PID NO.155-011-000190 and 155-011-000102) AS PART OF CHELSEA ROAD RECONSTRUCTION PROJECT NO.2006-31C WHEREAS, the City has received and approved a Public Improvement and Assessment Agreement from the property owner of the properties with Pid Nos.155-011- 000190 and 155-011-000102 waiving its right to special assessment hearings for all fees associated with the construction of turn lanes on Chelsea road and associated sanitary sewer, watermain and storm sewer utility work and all other appurtenances to serve the properties in connection with Chelsea Road Reconstruction Project No. 2006-31 C. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and the tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2009, and shall bear interest at the rate of five percent (5) per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 2008 until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The property owner may, at any time prior to certification of the assessment to the County, pay the whole of the assessment on such property with interest accrued to the date of payment to the City, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution and 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. 139419v01 4. The City 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. The total cost of the improvement assessed by this resolution is $$8,844.29. ADOPTED this 22nd day of September ~ 2008, by the City Council of the City of Monticello, Minnesota. CITY OF MONTICELLO By: Clint Herbst, ayor ATTEST: ill City Administrator 139419v01 2 CITY OF MONTICELLO WRIGI3T COUNTY, IVZINNESOTA RESOLUTION NO. Zoos-~s RESOLUTION ADOPTING SPECIAL ASSESSMENTS ASSOCIATED WITH THE EXTENSION OF AN 8-INCH WATERMAIN TO SERVE LOT 1, BLOCK 1, BARGER ADDITION (PID N0.155-075-OQ1010) AS PART OF CHELSEA ROAD RECONSTRUCTION PROJECT N0.2006-31C WHEREAS, the City has received and approved a Public Improvement and Assessment Agreement from the property owner of Lot 1, Block 1, Barger Addition (PID No. 155-75-001010) waiving its right to special assessment hearings for all fees associated with the extension of an 8-inch watermain and all other appurtenances to serve Lot 1, Block 1, Barger Addition in connection with Chelsea Road Reconstruction Project No. 2006-31 C. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein. and the tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period often (IO) years, the first of the installments to be payable on or before the first Monday in January, 2009, and shall beaz interest at the rate of five percent (5) per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 2008 until December 31, 2009. To each subsequent installment when due shall be added interest for one yeaz on all unpaid installments. The property owner may, at any time prior to certification of the assessment to the County, pay the whole of the assessment on such property with interest accrued to the date of payment to the City, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution and the owner may at anytime 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. 139419v01 4. The City 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 total cost of the improvement assessed by this resolution is $4,134.50. ADOPTED this 22nd day of September , 2008, by the City Council of the City of Monticello, Minnesota. CITY OF MONTICELLO By: Clint Herbst, ayor ATTEST: J eill City Administrator I39419vo1 2 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-79 RESOLUTION AWARDING CONTRACT STREET IMPROVEMENT-JERRYLIEFERT DRIVE, KEVIN LONGLEY DRIVE AND HAWTHORNE PLACE NORTH PROJECT N0.2008-1OC WHEREAS, pursuant to an advertisement for bids for the mill and overlayment of Jerry Liefert Drive and Kevin Longley Drive and the improvement of Hawthorne Place North by construction of drainage improvements, street reconstruction and other necessary appurtenant work, bids were received, opened, tabulated and the following bids were found to comply with the advertisement for bids: CONTRACTOR BASE BID TOTAL BASE BID - ALT #1 TOTAL BASE BID -ALT #2 Knife River Co $165,195.30 $169,451.16 $168,112.48 Hardrives, Inc. $166,785.21 $171,100.43 $169,643.45 Northwest As halt Inc $175,853.25 $179,703.25 $177,603.25 ASTECH $182,342.68 $185,842.68 $186,542.68 Rum River Contr. Co. $191,016.80 $195,426.80 $193,620.80 Mid-MN Hot Mix Inc $201,696.28 $205,196.28 $203,936.28 En 'neer's Estimate $202,541.00 $206,741.00 $206,041.00 WHEREAS, the bid of Knife River Corporation of Buffalo, MN in the amount of $168,112.48 for the base bid with Alternate #2 for the construction of said improvements in accordance with the plans and specifications and advertisement for bids is the lowest responsible bidder and shall be and hereby is accepted, and NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Monticello. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been executed. Adopted by the Monticello City Council this 22nd day of September, 2008 Clint Herbst, Mayor ATTEST: J O' ,City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-80 RESOLUTION ADOPTING ASSESSMENT ROLL DEVELOPMENT CHARGES - 617 LOCUST STREET WHEREAS, pursuant to the terms of an assessment agreement dated August 22, 2008 covering additional SAC charges for 617 Locust Street (155-010-007020) NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is 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 improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January 2009, and shall bear interest at the rate of seven percent per annum from the date of the adoption of the assessment. To the first installment shall be added interest on the entire assessment from October 13, 2008 until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the property owner, may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 13th day of October, 2008. _ ~~~ ATTEST: Clint Herbst, Mayor Jeff O'N ' Administrator 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, Minnesota, was duly held in the City Hall in the City of Monticello, on Monday, October 13, 2008, commencing at 7:00 P.M. The following members were present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. and the following were absent: None Member Stump f introduced the following resolution and moved its adoption: RESOLUTION N0.2008-81 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY BE IT RESOLVED By the City Council of the City of Monticello, Wright County, Minnesota, as follows: 1. The City has issued and sold its: (a) General Obligation Improvement Bonds, Series 1999, dated January 1, 1999 (the "Series 1999 Bonds); (b) General Obligation Improvement Bonds, Series 2000B, dated August 1, 2000 (the "Series 2000B Bonds); and (c) General Obligation Improvement Bonds, Series 2003A, dated September 1, 2003 (the "Series 2003A Bonds) (collectively, the "Bonds") in the total principal amounts of $3,000,000, $1,645,000 and $2,420,000 respectively. 340455v1 SJB MN190-134 'The Series 1999 Bonds maturing on or after February 1, 2005, are subject to redemption and prepayment on any date; the Series 2000B Bonds maturing on or after February 1, 2008, are subject to redemption and prepayment on any date; and the Series 2003A Bonds maturing on or after February 1, 2010, are subject to redemption and prepayment on February 1, 2009, and on any date thereafter at a price of par plus accrued interest. 2. It is determined that it is in the best interests of the sound financial management of the City that: (a) the Series 1999 Bonds maturing on February 1 in the years 2009 to and including 2010, comprising all of the Bonds subject to redemption, be prepaid and redeemed on December 1, 2008 and those Bonds are hereby called for redemption on that date. (b) the Series 2000B Bonds maturing on February 1 in the years 2009 to and including 2011, comprising all of the Bonds subject to redemption, be prepaid and redeemed on December 1, 2008 and those Bonds are hereby called for redemption on that date. (c) the Series 2003A Bonds maturing on February 1 in the years 2009 to and including 2015, comprising all of the Bonds subject to redemption, be prepaid and redeemed on February 1, 2009 and those Bonds are hereby called for redemption on that date. 3. The Registrar is authorized and directed to mail, in accordance with law, a notice of call for redemption of the Bonds in the forms attached hereto as EXHIBITS A, B and C to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar, and to mail a copy of the notice to the original purchaser of the Bonds. (The remainder of this page is intentionally left blank.) 340455v1 SJB MN190-134 2 The motion for the adoption of the foregoing resolution was duly seconded by Member Mayer ,and upon vote being taken thereon, the following voted in favor thereof Herbst, Mayer, Perrault, Stumpf and Wojchouski. and the following voted against: None whereupon said resolution was declared duly passed and adopted. 340455v1 SJB MN190-134 3 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting Administrator of the City of Monticello, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Monday, October 13, 2008, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the prepayment and redemption of $3,000,000 General Obligation Improvement Bonds, Series 1999; $1,645,000 General Obligation Improvement Bonds, Series 2000B; and $2,420,000 General Obligation Improvement Bonds, Series 2003A, of the City. WITNESS My hand as City Administrator and the corporate seal of the City this 13th day of October, 2008. nistrator Montic o, Minnesota (SEAL) 340455v1 SJB MN190-134 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $3,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999 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 on DECEMBER 1, 2008 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1999, dated January 1, 1999, having stated maturity dates of February 1 in the years 2009 through 2010, both inclusive, totaling $635,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 $315,000 614468 TK2 2010 320,000 614468 TLO The bonds are being called at a price of par plus accrued interest to December 1, 2008, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as Firstar Bank of Minnesota) on or before December 1, 2008. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If b , hY and: U.S. Bank National Association 60 Livingston Avenue 3rd Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup 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. 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. Additional information maybe obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota 340455v1 SJB MN190-134 EXHIBIT B NOTICE OF CALL FOR REDEMPTION $1,645,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000B 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 on DECEMBER 1, 2008 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2000B, dated August 1, 2000, having stated maturity dates of February 1 in the years 2009 through 2011, both inclusive, totaling $435,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 $145,000 614468 VA1 2010 145,000 614468 VB9 2011 145,000 614468 VC7 The bonds are being called at a price of par plus accrued interest to December 1, 2008, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as U.S. Bank Trust National Association) on or before December 1, 2008. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If b. by and: U.S. Bank National Association 60 Livingston Avenue 3~ Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup 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. 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. Additional information maybe obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL By City Administrator City of Monticello, Minnesota 340455v1 SJB MN190-134 EXHIBIT C NOTICE OF CALL FOR REDEMPTION $2,420,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2003A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA NOTICE IS HEREBY GNEN that, by order of the City Council of the City of Monticello, Wright County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2009 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2003A, dated September 1, 2003, having stated maturity dates of February 1 in the years 2009 through 2015, both inclusive, totaling $1,770,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP 2009 $230,000 614468 WG7 2010 235,000 614468 WHS 2011 245,000 614468 WJ1 2012 250,000 614468 WK8 2013 260,000 614468 WL6 2014 270,000 614468 WM4 2015 280,000 614468 WC6 The bonds are being called at a price of par plus accrued interest to February 1, 2009, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, on or before February 1, 2009. If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP-MN-WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3~ Floor -Bond Drop Window St. Paul, MN 55107 340455v1 SJB MN190-134 Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003, federal backup withholding tax will be withheld at the applicable backup 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. 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. Additional information maybe obtained from: U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934-6802 Dated: October 14, 2008. BY ORDER OF THE CITY COUNCIL r By City m' ator City of Monticello, Minnesota 340455v1 SJB MN190-134 CITY OF MONTICELLO RESOLUTION N0.2008-83 RESOLUTION ADOPTING ASSESSMENT ROLL SECOND QUARTER 2008 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that n interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 27th day of October, 2008. ATTEST: Clint Herbst, Mayor Jeff N City Administrator CITY OF MONTICELLO RESOLUTION N0.2008-84 RESOLUTION ADOPTING ASSESSMENT ROLL MISCELLANEOUS ACCOUNTS RECEIVABLE WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for miscellaneous delinquent accounts receivable, NOW, THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein and each tract of land therein included is hereby found to be benefited by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2008 and shall bear interest at the rate of six percent (6%) per annum from the date October 27, 2008. To the first installment shall be added interest on the entire assessment from October 27, 2008 until December 31, 2009. The owner of the property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the County Auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 27a' day of October, 2008. ATTEST: Jeff O' ill i Administrator Clint Herbst, Mayor CITY OF MONTICELLO RESOLUTION N0.2008-85 RESOLUTION AUTHORIZING THE RENEWAL OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Program Inc. has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at the Monticello Country Club at 1209 Golf Course Road, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Youth Program Inc. for a charitable gambling license to conduct gambling activities at the Monticello Country Club, 1209 Golf Course Road is hereby approved for renewal and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 27~' day of October, 2008. Clin erbst, Mayor ATTEST: O Jeff O'Ne' Administrator CITY OF MONTICELLO RESOLUTION N0.2008-86 RESOLUTION AUTHORIZING THE RENEWAL OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Program Inc. has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Hawks Sports Bar and Grill at 9697 Hart Boulevard, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Youth Program Inc. for a charitable gambling license to conduct gambling activities at Hawks Sports Bar and Grill, 9697 Hart Boulevard is hereby approved for renewal and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 27th day of October, 2008. Clint Herbst, Mayor ATTEST: /Z~ Jeff O'N ' dministrator CITY OF MONTICELLO WRIGHT COUNTY MINNESOTA RESOLUTION 2008-87 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT JERRY LIEFERT DRIVE & KEVIN LONGLEY DRIVE CITY PROJECT N0.2008-1OC WHEREAS, by a resolution passed by the City Council on October 13, 2008, the City Clerk was directed to prepare a proposed assessment of the cost of improving Jerry Liefert Drive and Kevin Longley Drive by mill and overlayment and other appurtenant work and; WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and is on file for public inspection; NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: A hearing shall be held on the 10th day of November, 2008 at the Monticello City Hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Monticello, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. The property owner may at any time thereafter pay to the City of Monticello the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Monticello City Council this 27th day of October, 2008. Clint Herbst, Mayor ATTEST: Jeff O'N 1 Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-88 RESOLUTION CANVASSING ELECTION AND DECLARING THE RESULTS WHEREAS, the City Administrator has duly presented to the City Council the summary statement of ballots voted in the November 4, 2008 General Election; and WHEREAS, said statement has been sworn to by the Judges of the Election; and WHEREAS, the total votes cast for the municipal offices voted upon are as follows, to-wit: For Mayor (2 year term) Joshua Dickinson 2275 Clint Herbst 2993 Write-Ins 21 (none with more than two votes) For Council Member (4 year term) Lloyd Hilgart 1813 Wayne V. Mayer 2015 Thomas Perrault 2343 Glen R. Posusta 2184 Write-Ins 72 (none with more than two votes) NOW THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, that the totals listed above are deemed to be correct, the election is deemed to be valid, and the winners of the election are declared to be as follows: For Mayor (2 year term): Clint Herbst For Council (4 year term): Tom Perrault Glen Posusta Adopted by the Monticello City Council this 10~' day of November, 2008. ATTEST: Clint Herbst, Mayor Je ill, City Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-89 RESOLUTION VACATING A PORTION OF TERRITORIAL ROAD WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before a hearing to each property owner affected by the proposed vacation, the Monticello City Council has conducted a hearing to consider the vacation of the publicright-of- way legally described in the attached Exhibit "A"; and WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the above-noted right of way and retain to certain drainage and utility easements over the vacated portion of the right-of--way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The publicright=of--way legally described in the attached Exhibit A is hereby vacated; however, the City reserves a drainage and. utility easement for any existing or future drainage or utility use. 2. The City Clerk is directed to file a certified copy of this resolution with the County Auditor and County Recorder. ADOPTED this 10th day of November, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: Jeff City Administrator EXHIBIT A- RESOLUTION 2008-89 VACATION DESCRIPTION OF THAT PART OF OLD TERRITORIAL ROAD LYING NORTHERLY OF THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY That portion of a 66.00 foot easement for public right of way purposes over, under and across the following described property: The Southwest Quarter of Section 12, Township 121 Range 25, Wright County, Minnesota, lying northerly of the southerly line of the Burlington Northern Railroad right of way, the centerline of said easement is described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 1 degree 24 minutes 50 seconds East along the west line of said Southwest Quarter of the Southwest Quarter, a distance of 534.50 feet; thence South 88 degrees 35 minutes 10 seconds East, a distance of 318.00 feet; thence North 12 degrees 24 minutes 50 seconds East, a distance of 292.79 feet to the south line of Old Territorial Road being the point of beginning of said centerline to be described; thence North 13 degrees 57 minutes 39 seconds West, a distance of 324.74 feet; thence North 33 degrees 35 minutes 51 seconds West to the southeasterly right of way line of Washington Street of said Lower Monticello and said center line there terminating. The side lines of said easement are to be prolonged or shortened to the terminate on said southerly line of the Burlington Northern Railroad right of way and said southeasterly right of way line of Washington Street. The City of Monticello reserves, unto itself and other utility providers, a permanent easement for drainage and utility purposes, over, across, under and through that part of the vacated Territorial Road, as described above, situated in the City of Monticello, County of Wright, State of Minnesota, to wit: F:\dawng\wordproc\Dawn\Territorial Road Vacation Legal.doc CITY OF MONTICELLO RESOLUTION NO. 2008-90 RESOLUTION ADOPTING ASSESSMENT ROLL JERRY LIEFERT DRIVE AND KEVIN LONGLEY DRIVE PROJECT NO. 2008-1OC WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for Jerry Liefert Drive and Kevin Longley Drive by street reconstruction including milling and overlay and other necessary appurtenant work; NOW THEREFORE, BE IT HEREBYRESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is 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 improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January 2000, and shall bear interest at the rate of five and one-half percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the property owner, may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Monticello City Council this 10th day of November, 2008. ATTEST: Clint Herbst, Mayor r~ ~ Q ~~~ I;~~~ Jeff O' ill, Administrator City of Monticello RESOLUTION N0.2008-91 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE CenterPoint Ener Cash donation $695.00 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed bylaw; and WI~REAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE TT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE CenterPoint Ener y Monticello Fire De artment E ui ment-Multi-Gas Detectors Adopted by the City Council of Monticello this 24th day of November, 2008. Mayor, Clint Herbst ATTEST: t Jeff 11, City Administrator contributions block party resolution.doc: 11/18/2008 CITY OF MONTICELLO WRIGHT COUNTY RESOLUTION N0.2008-92 VACATING A PORTION OF CEDAR STREET WHEREAS, a public hearing on the vacation of a portion of Cedar Street right-of--way as described below was held on November 24, 2008 at 7 p.m. at the Monticello City Hall: Legal Description for Danner Trucking Vacation, Parcel s That part of the Southwest Quarter of the Northwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota, described as follows: A strip of land 33.00 feet in width over that part of said Southwest Quarter of the Northwest Quarter, the Northwesterly line of said strip of land is contiguous with the Southwesterly extension of the Southeasterly line of Lot 5, Block 1, Commercial Plaza 25, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota, Said strip of land is to extend by its full width from the Southeasterly extension of the South line of said Lot 5, to a line drawn parallel with and distant 40.00 feet Northerly of the following described line: Commencing at the Northeast corner of the South-Half of said Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along the North line of said South-Half of the Northwest Quarter, a distance of 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, parallel with the East line of said South-Half of the Northwest Quarter, a distance of 584.77 feet to its intersection with a line drawn parallel with and distant 584.69 feet South of said North line; thence South 89 degrees 00 minutes 47 seconds West, along said parallel line, a distance of 428.09 feet, to the point of beginning of said line to be hereinafter described; thence Westerly, a distance of 318.44 feet, along a tangential curve concave to the North, having a radius of 750.00 feet and a central angle of 24 degrees 19 minutes 37 seconds, and said line there terminating. Except that part of the above described strip, which lies Easterly of a line drawn parallel with and distant 33.00 feet Westerly of the following described line: Commencing at said Northeast corner of the South-Half of the Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along said North line of the South-Half of the Northwest Quarter, a distance of 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, parallel with said East line of the South-Half of the Northwest Quarter, a distance of 924.00 feet; thence South 89 degrees 00 minutes 47 seconds West, parallel with said North line of the South-Half of the Northwest Quarter, a distance of 567.42 feet; thence Northerly, a distance of 345.84 feet, along a non-tangential curve concave to the West, having a radius of 1150.00 feet and a central angle of 17 degrees 13 minutes 50 seconds, the chord of said curve bears North 08 degrees 58 minutes 18 seconds East; thence North 00 degrees 21 minutes 27 seconds East, tangent to the last described curve, a distance of 30.60 feet, to the point of beginning of said line to be hereinafter described; thence Northerly, a distance of 465.78 feet, along a tangential curve concave to the East, having a radius of 985.00 feet, and a central angle of 27 degrees OS minutes 38 seconds, to its intersection with a line drawn parallel with and distant 33.00 feet Southeasterly of the Southeasterly line of said Lot 5, and said line there terminating. Legal Description for Danner Trucking Vacation, Parcel 6 That part of the Southwest Quarter of the Northwest Quarter of Section 14, Township 121, Range 25, Wright County, Minnesota, which lies Southeasterly of a line drawn parallel with and distant 33.00 feet Southeasterly of the Southwesterly extension of the Southeasterly line of Lot 5, Block 1, Commercial Plaza 25, according to said plat on file and of record in the office of the County Recorder, Wright County, Minnesota. And which lies Northerly of a line drawn parallel with and distant 40.00 feet Northerly of the following described line: Commencing at the Northeast corner of the South-Half of said Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along the North line of said South-Half of the Northwest Quarter, a distance of 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, pazallel with the East line of said South-Half of the Northwest quarter, a distance of 584.77 feet, to its intersection with a line drawn parallel with and distant 584.69 feet South of said North line; thence South 89 degrees 00 minutes 47 seconds West, a distance of 428.09 feet, to the point of beginning of said line to be hereinafter referred to as "line A"; thence Westerly, a distance of 318.44 feet, along a tangential curve concave to the North, having a radius of 750.00 feet and a central angle of 24 degrees 19 minutes 37 seconds, and said "line A" there terminating. And also which lies Westerly of a line drawn pazallel with and distant 33.00 feet Westerly of the following described line: Commencing at said Northeast corner of the South-Half of the Northwest Quarter; thence South 89 degrees 00 minutes 47 seconds West, assumed bearing along said North line of the South-Half of the Northwest Quarter, a distance of 1056.00 feet; thence South 00 degrees 00 minutes 30 seconds East, parallel with said East line of the South-Half of the Northwest Quarter, a distance of 924.00 feet; thence South 89 degrees 00 minutes 47 seconds West, parallel with said North line of the South-Half of the Northwest, a distance of 567.42 feet; thence Northerly, a distance of 345.84 feet, along anon- tangential curve concave to the West, having a radius of 1150.00 feet and a central angle of 17 degrees 13 minutes 50 seconds, the chord of said curve bears North 08 degrees 58 minutes 18 seconds East; thence North 00 degrees 21 minutes 27 seconds East, tangent to last described curve, a distance of 30.60 feet, to the point of beginning of said line to be hereinafter described; thence Northerly, a distance of 64.55 feet, along a tangential curve concave to the East, having a radius of 985.00 feet, and a central angle of 03 degrees 45 minutes 18 sec©nds, to a point to be hereinafter referred to as "point A"; thence continuing Northerly, a distance of 401.23 feet, along said 985.00 feet radius curve, with a central angle of 23 degrees 20 minutes 20 seconds, to its intersection with a line drawn parallel with and distant 33.00 feet Southeasterly of the Southeasterly line of said Lot 5, and said line there terminating. And also which lies Northwesterly of the following described line: Beginning at said above reference "point A"; thence South 50 degrees 27 minutes 45 seconds West, a distance of 72.87 feet, to its intersection with a line drawn parallel with and distant 40.00 feet Northerly of said above reference "line A", and said line there terminating The City of Monticello reserves a drainage and utility easement over, under and across that portion of Cedar Street described above. NOW THEREFORE, BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA that the above described street right-of--way is vacated. Adopted by the City Council of Monticello, Minnesota this 24~' day of November 2008. ATTEST: Clint Herbst, Mayor Jeff O' i y A ministrator CITY OF MONTICELLO RESOLUTION N0.2008-93 ACCEPTING IMPROVEMENTS 2007 STREET RECONSTRUCTION CITY PROJECT N0.2007-O1C WHEREAS, pursuant to a written contract with the City of Monticello awarded to Northwest Asphalt, Inc. of Shakopee, Minnesota the contractor has satisfactorily completed the work for reconstructing River Street from Craig Lane to CSAH 75, Craig Lane, Kenneth Lane, Hillcrest Road, Hillcrest Circle, Hilltop Drive, Matthew and on River Street from CSAH 75 to the ball fields including construction of curb and gutter, drainage and storm sewer improvements, sidewalk and other appurtenant work in accordance with the contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MONTICELLO, MINESOTA that the work completed under said contract is hereby accepted and approved and that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract subject to receipt of the following: 1) Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; 2) Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured; 3) Consent of Surety to Final Payment certification from the contractor's surety; and 4) Two year maintenance bond to extend two years from the date of acceptance of the project by the City Council. Adopted by the Monticello City Council this 24th day of November, 2008. ~. e _~ C int Herbst, Mayor ATTEST: Jeff Qs 1, City Administrator City of Monticello RESOLUTION N0.2008-94 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts maybe limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY DESCRIPTION VALUE WalMart Cash Contribution $2,000 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY RECIPIENT PURPOSE Wa1Mart Monticello Fire De artment E ui ment Adopted by the City Council of Monticello this 8th day of December, 2008. ~ . Clint Herbst, Mayor ATTEST: Jeff O'l~~ill, Administrator CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-95 RESOLUTION ADOPTING THE 2008 NATURAL RESOURCES INVENTORY AND ASSESSMENT. WHEREAS, the City adopted a Comprehensive Plan in 2008, and; WHEREAS, the Comprehensive Plan cites the completion of a Natural Resources Inventory as a "Next Step" in achieving the goals of the Plan, and; WHEREAS, the City has seen dramatic growth over the last 10 years and with an increase in population and development comes an increased demand for natural resource information, protection and conservation within the City's Planning Area, and; WHEREAS, the City has reviewed the final Natural Resource Inventory and Assessment document and finds it to consistent with the goals and objectives of the project, and; WHEREAS, the completed Natural Resource Inventory and Assessment will be a resource document for future planning and development efforts, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, that it hereby adopts the 2008 Natural Resources Inventory and Assessment. Adopted by the City Council of Monticello, Minnesota on the 8`h day of December, 2008. ~~~ . Clint Herbst, Mayor ATTEST: ~o.u1~, ~,~ws Dawn Grossinger, City Clerk RESOLUTION N0.2008-96 RESOLUTION ADOPTING THE 2009 BUDGET AND SETTING THE TAX LEVY WHEREAS, the Finance Director has prepared and submitted to the City Council a budget setting forth therein his estimated needs of the City of Monticello for all operations and the debt service for the fiscal year commencing January 1, 2009 and WHEREAS, the City Council has reviewed the same and has made such changes therein as appear to be in the best interest of the City of Monticello; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO that the budget so submitted by the Finance Director, together with the changes made therein by the City Council, be and same hereby is adopted as a budget for the fiscal year commencing January 1, 2009; and BE IT FURTHER RESOLVED by the Council of the City of Monticello that there be and hereby is levied for the fiscal year commencing January 1, 2009, and the following sums for the respective purposes indicated therein upon the taxable property of the City of Monticello, to wit: NET CERTIFIED LEVY General $5,257,379 Communit Center $1,296,601 Parks $0 Libra $36,332 HRA $0 OAA $0 Tree $37,298 Trans ortation $0 Debt Service Fund $835,556 Street Reconstruction Fund $286,834 The above resolution was introduced by Councilmember Wayne Mayer, was duly seconded by Councilmember Brian Stumpf, with the following voting in favor thereof: Herbst, Mayer, Stumpf and Wojchouski The following voting in the opposition: Perrault The City Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Wright County, Minnesota. Adopted this 8th day of December, 2008. ~ , Mayor ATTEST: ,r ~~ ~ ~ CitCit dAy~~nihist~at>$r 2007 BUDGET.XLS:LevyResolution (2)