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City Council Agenda Packet 11-12-2013AGENDA REGULARMEETING–MONTICELLOCITYCOUNCIL TUESDAY,November12,2013–7p.m. MississippiRoom,MonticelloCommunityCenter Mayor:ClintHerbst CouncilMembers:LloydHilgart,TomPerrault,GlenPosusta,BrianStumpf 1.CalltoOrderandPledgeofAllegiance 2A.ApprovalofMinutes–October28,2013SpecialMeeting 3.Considerationofaddingitemstotheagenda 4.Citizencomments,publicserviceannouncements,andupdates a.CitizenComments: b.PublicServiceAnnouncements: 1)Snowmobileroutes c.Updates 1)MYSAaction 2)KampaCirclestatus 3)West7th Streetstatus 5.ConsentAgenda: A.ConsiderationofapprovingpaymentofbillsforNovember12th B.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments C.ConsiderationofadoptingOrdinance#585eliminatingCityCodeTitle3,Chapter 8–Bingo D.ConsiderationofapprovingchangestotheCityofMonticelloPersonnel HandbookandadoptingOrdinance#586amendingCityCodeTitle1,Chapter6– Personnel E.Considerationofapprovingrenewalofapawnbrokerlicensefor2014for MichaelHelmdbaMonticelloPawn,GunandBargainCenterat1219South Highway25 F.Considerationofapprovingfundingfordevelopmentofanewwebsitefor FiberNetRL 6.Considerationofitemsremovedfromtheconsentagendafordiscussion 7.ConsiderationofadoptingResolution#2013-096approvingthesaleofG.O.Wastewater TreatmentBonds,Series2013B 8.ConsiderationofapprovingtheFourthAddendumtotheMemorandumofUnderstanding betweenWrightCounty,CityofMonticello,andYMCAofMinneapolisandapprovinga groundleaseandoperatingagreementbetweenthethreeparties 9.Addeditems 10.Adjournment City Council Minutes – October 28, 2013 Page 1 MINUTES REGULAR MEETING – MONTICELLO CITY COUNCIL Monday, October 28, 2013 – 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes – October 14, 2013 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE OCTOBER 14, 2013 REGULAR MEETING MINUTES AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5-0. 3. Consideration of adding items to the agenda  Jeff O’Neill requested removal of Item 5F from tonight’s agenda  West Cello apartment parking in Kampa Circle (Clint Herbst)  Explanation on Well #4 building (Glen Posusta)  Wildflower plantings (Clint Herbst) 4. Citizen comments, public service announcements a. Citizen Comments: None b. Public Service Announcements: 1) 2013 Industry of the Year – Suburban Manufacturing: Angela Schumann announced that the Industry of the Year breakfast was held on October 23rd. The Industry of the Year award went to Suburban Manufacturing. The breakfast was hosted by the City’s IEDC and Economic Development Authority and the Monticello Times. 2) Indoor Farmer’s Market – Angela Schumann announced the schedule for the MCC Indoor Farmer’s Market which will be held in the Monticello Community Center on November 2nd as well as other dates throughout the winter. Market hours are 9 a.m. to 1 p.m. 3) Leaf Pick-up (11/2) – Tom Moores announced that Saturday, November 2nd will be the annual leaf pick-up. Bags should be left at the curb and will be picked up starting at 7 a.m. that day by Public Works staff. City Council Minutes – October 28, 2013 Page 2 5. Consent Agenda: A. Consideration of approving payment of bills for October 28th. Recommendation: Approve payment of bill and purchase card registers in the amount of $871,274.56. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC, Parks, and Streets. C. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by the Monticello Chamber of Commerce for their Annual Banquet. Recommendation: Approve the application for a charitable gambling permit for a raffle to be conducted by the Chamber of Commerce at the Community Center on Friday, December 6, 2013. D. Consideration of approving Change Order No. 1 for the Sludge Dewatering Facility for Phase 1 of the Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Project No. 12C003. Recommendation: Approve Change Order No. 1 for the Sludge Dewatering Facility, City Project No. 12C003 in the net amount of $8,179.83. E. Consideration of adopting Resolution #2013-089 delegating authority to pay certain claims to the position of Finance Director. Recommendation: Adopt Resolution #2013-089 delegating authority to pay certain claims to the position of Finance Director, and in his/her absence, to the Assistant Finance Director. (Payment of said claims will follow procedures as indicated in Appendix A of the resolution.) F. Consideration of approving funding for development of a new website for FiberNet. This item was removed from the October 28th agenda for future consideration. G. Consideration of adopting Resolution #2013-090 approving preliminary and final plat and developer’s agreement for Monticello Business Center Seventh Addition and approving a Conditional Use Permit for cross access and parking for a retail commercial use in a B-4 (Regional Business) District. Applicant: ALDI, Inc. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of adopting Resolution #2013-091 approving an assessment and waiver of hearing and easement agreement for part of SE ¼ in Section 15 of Monticello Township (PID 213-100-151400) for School Boulevard West Extension, City Project No. 2005-02C Applicant: Ocello, LLC. Recommendation: Adopt Resolution #2013-091 approving an assessment and easement agreement with Shawn Weinand of Ocello, LLC for a portion of SE ¼ City Council Minutes – October 28, 2013 Page 3 in Section 15 of the Monticello Township (PID 213-100-151400) for School Boulevard West Extension, City Project No. 2005-02C. LLOYD HILGART MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM F FOR FUTURE CONSIDERATION AND REMOVAL OF ITEM G FROM THE CONSENT AGENDA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. 6. Consideration of items removed from the consent agenda for discussion 5G. Consideration of adopting Resolution #2013-090 approving preliminary and final plat and developer’s agreement for Monticello Business Center Seventh Addition and approving a Conditional Use Permit for cross access and parking for a retail commercial use in a B-4 (Regional Business) District. Applicant: ALDI, Inc. Tom Perrault asked to remove this item because he had several clarifications to verify. He noted corrections in the Development Contract on page 8, section 18; page 9, sections 23 and 24; pages 10-11, section 26; and pages 12-15, section 29J; and in the truncated language in the Planning Commission resolution. Angela Schumann indicated that she would make the necessary corrections. Tom Perrault also inquired as to the phrasing “metropolitan” in item 29, page 12. Angela Schumann explained that this is standard language to provide the City with adequate controls should metropolitan district requirements, such as those for watersheds or wetlands, ever apply to this area. Angela Schumann noted for the record that the agreement will utilize cross parking and not shared parking. As such, she indicated that the language related to this condition would be revised in both the development agreement and conditional use permit to that which is agreed to by applicant and City attorneys. Andy Brandel, from I&S Group, representing ALDI as Project Engineer, stated that they plan to break ground in the spring. TOM PERRAULT MOVED FOR ALTERNATIVE #1 TO APPROVE DECISION 1 AND 2 AS LISTED BELOW. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5-0. DECISION 1: ADOPT RESOLUTION #2013-090 APPROVING THE PRELIMINARY AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR MONTICELLO BUSINESS CENTER SEVENTH ADDITION, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION 2013-082, AND CONTINGENT ON THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. DECISION 2: APPROVE A CONDITIONAL USE PERMIT TO ALLOW CROSS ACCESS AND CROSS PARKING BETWEEN THE ALDI SITE (LOT 1, BLOCK 1) AND OUTLOT A TO THE EAST, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION 2013-083, AND CONTINGENT ON THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. City Council Minutes – October 28, 2013 Page 4  The applicant complies with the terms of the City Engineer’s report, dated September 24, 2013.  The applicant revise the landscaping plan so that the proposed Euonymous fortunei shrub is replaced with an alternative shrub species, as this species can be invasive. Attractive shrub alternatives include Diervilla lonicera (Dwarf Bush Honeysuckle) and/or Rhus aromatic (Gro-Low Fragrant Sumac).  The applicant provide a properly drawn legal instrument executed by the parties concerned for cross use of off -street parking facilities and cross access, duly approved as to form and manner of execution by the City Attorney, to be filed with the City Administrator and recorded with the County Recorder of Wright County. 7. Public Hearing - Consideration of adopting Resolution #2013-092 approving an assessment roll for delinquent accounts receivable to be certified for 2014 payable tax year Wayne Oberg reviewed the proposed assessment roll for delinquent accounts receivable for 2014 payable and compared it to last year. He pointed out that the number of parcels dropped from 63 to 10 and the amount from $38,743.35 to $23,365.88. He also noted that the property owner is aware of the Maplewood development charges. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013-092 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT MISCELLANEOUS ACCOUNTS RECEIVABLE, WITH THE ADDITION OF A $75 PROCESSING FEE FOR EACH PARCEL, TO BE CERTIFIED TO THE COUNTY AUDITOR FOR 2014 PAYABLE TAXES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5-0. 8. Public Hearing - Consideration of adopting Resolution #2013-093 approving an assessment roll for delinquent utilities to be certified for 2014 payable tax year Wayne Oberg discussed the proposed assessment rolls for delinquent utility bills totaling $144,426.86, and compared the total amounts for the years from 2007 to 2013. Wayne Oberg noted that the amounts have decreased from 2007 but fluctuate from year to year. He also noted that the utility rates have increased over those years, yet the delinquencies are lower than 2007 and there are fewer accounts that are delinquent. Wayne Oberg provided other comparisons in his analysis of the utility delinquencies. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013-093 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITIES, WITH THE ADDITION OF A $75 PROCESSING FEE FOR EACH City Council Minutes – October 28, 2013 Page 5 PARCEL, TO BE CERTIFIED TO THE COUNTY AUDITOR FOR 2014 PAYABLE TAXES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. 9. Consideration of approving the annual Snow Plowing/Removal Policy for the 2013- 2014 snow season Tom Moores presented the Snow Plowing/Removal Policy to Council noting that there are limited changes this year. He pointed out the changes for the following: Primary Snow Emergency Routes 1. Dundas Road from TH 25 east to Fallon Ave has been added due to Xcel Energy’s maintenance shop being located on that road. Many times Xcel is dispatched out to electrical outages during snowstorms. Secondary Snow Emergency Routes 1. Dundas Road was moved to Primary Route. 2. Edmonson Avenue from Chelsea Road to 85th St NE was added due to the amount of traffic, as well as it being a main road into the city from the south. 3. Cedar Street from Oakwood Drive to the end due to the amount of traffic. 4. Fallon Avenue from Chelsea Road to 85th St NE was added due to the amount of traffic and the proximity to Little Mountain Elementary. Sidewalks 1. Added primary and secondary routes for sidewalk maintenance. Primary will be plowed immediately and secondary will be cleared later. This will allow more concentration of personnel for street snow removal. Tom Moores noted that each snowstorm is slightly different so the protocol may change slightly from time to time. Clint Herbst asked if they get requests from businesses and citizens regarding snow removal. Tom Moores said that they do get requests and all of those are documented to be considered for inclusion in the policy for the next year. Glen Posusta asked if staff had discussed when the snow level is deep enough to start plowing. He indicated that there were times in the past that the snow was not removed as quickly on Sundays as other times. Tom Moores explained that they take into consideration the staffing and overtime hours on weekends or hours outside of the normal work day. He also noted that each snowfall is different and that may also have a bearing on when they start plowing. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE 2013-2014 SNOW PLOWING AND ICE REMOVAL POLICY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5-0. Tom Perrault noted a correction on page 13, that the last line of the chart for Secondary Sidewalks should be West 7th Street, for the new sidewalk that was added this year. City Council Minutes – October 28, 2013 Page 6 Tom Perrault asked about the probability of paving the new section of West 7th Street this year. Shibani Bisson explained that the gravel is dried out but they will wait to see what happens with the weather this week. Tom Moores said the intersection will be paved for sure. If the road does not get paved, the road will be blocked off completely until it can be paved in the spring. 10. Added items  Council Connection update on Well #4 building – Glen Posusta asked for a clarification on the update regarding the Well #4 Building, which cannot be used to store a generator. Matt Theisen explained that, at the time they bid out the specifications for the building, he was not aware the law had been changed to require more than a 20 foot distance from a well for storage of any items containing fuel. This would prohibit a generator from being placed into the building as the plans now specify. Matt Theisen indicated he had discussed this with the building contractor; however the plans cannot be changed because he has already started ordering the supplies. Consensus was to leave the building plans as they are and use the space for other needed storage.  West Cello apartment parking on Kampa Circle – Jeff O’Neill summarized an issue that has been brought to the attention of city staff. Property owners in Kampa Circle have complained about the number of cars that are parking on the street in Kampa Circle from the neighboring West Cello apartments. Jeff O’Neill explained that city staff is meeting with the West Cello apartment manager this week to discuss the situation and try to determine a solution. Tom Moores said that Public Works staff has been monitoring the parking situation and found that during the week there is ample space in the apartment lot, although on weekends it does get rather crowded in the apartment lot.  Wildflower plantings in passive park areas – Clint Herbst asked Council if they would be interested in having staff look into possibly doing some natural plantings in some park-like areas rather than having to mow those areas. Consensus was to direct staff to look at areas that could be planted rather than mowed. 11. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 7:45 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5-0. Recorder: Catherine M. Shuman ____ Approved: Attest: _________________________ City Administrator CityCouncilAgenda:11/12/13 1 5A.ConsiderationofapprovingpaymentofbillregistersforNovember12th (WO) A.REFERENCEANDBACKGROUND: Citystaffsubmitstheattachedbillregistersandpurchasingcardregistersforapprovalby Council.Thebillregisterscontainallinvoicesprocessedandthepurchasingcard registerscontainallcardpurchasesmadesincethelastCouncilmeeting.SubjecttoMN Statutes,mostinvoicesrequireCouncilapprovalpriortoreleasingchecksforpayment. ThedayfollowingCouncilapproval,paymentswillbereleasedunlessdirected otherwise.AcreditpurchasingagreementandpolicywasapprovedbyCouncilinitially andcardpurchasesmustcomplywiththepolicy. IfCouncilhasnoquestionsorcommentsonthebillandpurchasecardregisters,thesecan beapprovedwiththeconsentagenda.Ifrequested,thisitemcanberemovedfrom consentanddiscussedpriortomakingamotionforapproval. A1.BudgetImpact:None A2.StaffWorkloadImpact:Noadditionalworkrequired B.ALTERNATIVEACTIONS: 1.Motiontoapprovethebillandpurchasecardregistersforatotalamountof $625,148.11. 2.MotiontoapprovetheregisterswithchangesdirectedbyCouncil. C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1or#2,perdirectionofCouncil. D.SUPPORTINGDATA: Billregisters PurchaseCardregisters User: Printed:11/06/2013 - 1:06PM Ann.Zimmerman Computer Check Proof List by Vendor Accounts Payable Batch:00202.11.2013 Invoice No Description Amount Payment Date Acct Number Reference Vendor:1038 APPERTS FOOD SERVICE Check Sequence: 1 ACH Enabled: False 2013882 5.25 11/13/2013 226-45122-433300 2013882 pizzas, juice 171.47 11/13/2013 226-45127-421460 2013882 ice scoop, ice bucket 71.96 11/13/2013 226-45127-420750 2013882 re-sale 806.13 11/13/2013 226-45127-425410 2017554 5.25 11/13/2013 226-45122-433300 2017554 pizzas 83.72 11/13/2013 226-45127-421460 2017554 re-sale 407.59 11/13/2013 226-45127-425410 1,551.37Check Total: Vendor:3491 ARTISAN BEER COMPANY Check Sequence: 2 ACH Enabled: False 31373 re-sale 20.99 11/12/2013 609-49750-425200 20.99Check Total: Vendor:3516 JIM AND ALICE ASHWILL Check Sequence: 3 ACH Enabled: False FNM Refund FiberNet Monticello acct #1384 96.94 11/13/2013 655-00000-115025 96.94Check Total: Vendor:3517 GENEVIEVE AYDT Check Sequence: 4 ACH Enabled: False FNM Refund FiberNet Monticello acct #0351 10.92 11/13/2013 655-00000-115025 10.92Check Total: Vendor:1059 BARTON SAND AND GRAVEL CO Check Sequence: 5 ACH Enabled: False 131031 105.30 ton class 5 gravel base 754.02 11/13/2013 101-43120-422400 754.02Check Total: Vendor:1062 BEAUDRY OIL COMPANY Check Sequence: 6 ACH Enabled: True 789598 568.8 gallons unleaded fuel 1,771.25 11/13/2013 101-43120-421200 789599 819.1 gallons diesel B5 fuel 2,968.41 11/13/2013 101-43120-421200 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 1 Invoice No Description Amount Payment Date Acct Number Reference 4,739.66Check Total: Vendor:3518 SHAWN BECHTOLD Check Sequence: 7 ACH Enabled: False FNM Refund FiberNet Monticello acct #0850 133.61 11/13/2013 655-00000-115025 133.61Check Total: Vendor:3519 MATTHEW AND KIM BELCHER Check Sequence: 8 ACH Enabled: False FNM Refund FiberNet Monticello acct #1497 33.23 11/13/2013 655-00000-115025 33.23Check Total: Vendor:3520 JOHN AND JANEY BELDE Check Sequence: 9 ACH Enabled: False FNM Refund FiberNet Monticello acct #1610 21.37 11/13/2013 655-00000-115025 21.37Check Total: Vendor:1065 BELLBOY CORPORATION Check Sequence: 10 ACH Enabled: True 40250800 re sale 278.00 11/12/2013 609-49750-425300 40250800 re sale 1,369.01 11/12/2013 609-49750-425100 40250800 freight 18.70 11/12/2013 609-49750-433300 40367700 re sale 1,891.65 11/12/2013 609-49750-425100 40367700 freight 28.80 11/12/2013 609-49750-433300 3,586.16Check Total: Vendor:3521 MIKE BENGSTRON Check Sequence: 11 ACH Enabled: False FNM Refund FiberNet Monticello acct #0406 102.36 11/13/2013 655-00000-115025 102.36Check Total: Vendor:1067 BERNICK'S Check Sequence: 12 ACH Enabled: False 10238 re-sale 136.20 11/13/2013 609-49750-425400 10239 re-sale 808.05 11/13/2013 609-49750-425200 24744 re sale 199.60 11/12/2013 609-49750-425500 24745 re sale 725.55 11/12/2013 609-49750-425200 25333 re-sale 372.50 11/13/2013 226-45127-425410 27666 re sale 16.40 11/12/2013 609-49750-425500 27666 re sale 157.80 11/12/2013 609-49750-425400 27667 re sale 577.70 11/12/2013 609-49750-425200 28288 re-sale 168.00 11/13/2013 226-45127-425410 313060 Balance Credit taken twice 299.25 11/13/2013 609-49750-425200 331454 Credit -18.00 11/13/2013 609-49750-425200 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 2 Invoice No Description Amount Payment Date Acct Number Reference 3,443.05Check Total: Vendor:2221 BIG TEN NETWORK LLC Check Sequence: 13 ACH Enabled: True F93313 Big 10 October 2013 1,203.84 11/13/2013 655-49860-430920 F93313 Big 10 Bulks October 2013 187.50 11/13/2013 655-49860-430920 1,391.34Check Total: Vendor:1080 BRAEMER MAILING SERVICE INC Check Sequence: 14 ACH Enabled: False 54908 UB Qtr 3 2013 envelopes - (3845) #10; (3823) #9 (1/2) 245.86 11/13/2013 601-49440-420990 54908 UB Qtr 3 2013 envelopes - (3845) #10; (3823) #9 (1/2) 245.85 11/13/2013 602-49490-420990 54908 utx - UB Qtr 3 2013 mailing list serv; fold 1x UB insert (1/2) 45.00 11/13/2013 601-49440-431990 54908 utx - UB Qtr 3 2013 mailing list serv; fold 1x UB insert (1/2) 45.00 11/13/2013 602-49490-431990 54908 UB Qtr 3 2013 MCC pre-printed insert 41.09 11/13/2013 226-45122-431950 54908 UB Qtr 3 2013 invoices/insert - print; fold; insert; ect. (1/2) 384.55 11/13/2013 601-49440-431990 54908 UB Qtr 3 2013 invoices/insert - print; fold; insert; ect. (1/2) 384.56 11/13/2013 602-49490-431990 1,391.91Check Total: Vendor:1083 BRAUN INTERTEC CORPORATION Check Sequence: 15 ACH Enabled: True 376618 12C003 - WWTF Sludge Dewatering - const materials testing 242.50 11/13/2013 602-00000-165010 242.50Check Total: Vendor:3455 BURNHAM NURSERY & GARDEN CENTER Check Sequence: 16 ACH Enabled: False 23 (1) red maple tree, (1) apple tree 556.81 11/13/2013 101-43120-422500 556.81Check Total: Vendor:1086 BURNHAM TREE EXPERTS Check Sequence: 17 ACH Enabled: False 2531 (1) Elm removal 6553 Bald Eagle Ct (224.44 billed in A/R) 448.88 11/13/2013 224-46102-431990 448.88Check Total: Vendor:1091 CAMPBELL KNUTSON PA Check Sequence: 18 ACH Enabled: True 2348-120G2 Skoog (R.E. Purchase) 280.00 11/13/2013 101-41610-431990 2348-121G1 ZZALDI - Monticello Business Ctr 7th Addn-review contract & CUP 75.00 11/13/2013 101-00000-220110 355.00Check Total: Vendor:2213 CBS TV STATIONS Check Sequence: 19 ACH Enabled: False Oct - 13 WCCO October 2013 840.72 11/13/2013 655-49860-430920 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 3 Invoice No Description Amount Payment Date Acct Number Reference 840.72Check Total: Vendor:1098 CCG CONSULTING LLC Check Sequence: 20 ACH Enabled: True 3020-00M Period ending 10/4/13 325.00 11/13/2013 655-49870-431990 325.00Check Total: Vendor:1102 CENTERPOINT ENERGY Check Sequence: 21 ACH Enabled: False 10/31/13 5864452-7 213.57 11/13/2013 211-45501-438300 10/31/13 5788570-9 36.56 11/13/2013 609-49754-438300 10/31/13 5768542-2 180.56 11/13/2013 101-41940-438300 10/31/13 5768542-2 4,175.43 11/13/2013 226-45122-438300 10/31/13 5768542-2 67.71 11/13/2013 101-45175-438300 10/31/13 5768542-2 90.28 11/13/2013 101-42800-438300 10/31/13 5828859-8 13.46 11/13/2013 101-41940-438300 10/31/13 8235331-9 60.41 11/13/2013 101-41941-438300 10/31/13 8235333-5 30.29 11/13/2013 101-41941-438300 10/31/13 MGFARM - 9739641-0 13.46 11/13/2013 213-46522-438300 10/31/13 MGFARM - 9739645-1 56.18 11/13/2013 213-46522-438300 10/31/13 MGFARM - 9429449-3 13.46 11/13/2013 213-46522-438300 10/31/13 MGFARM - 9429448-5 13.46 11/13/2013 213-46522-438300 10/31/13 MGFARM - 9429450-1 88.03 11/13/2013 213-46522-438300 5,052.86Check Total: Vendor:2809 COMPASS Check Sequence: 22 ACH Enabled: False 3389 utx - (1) tube elbow for slide 880.00 11/13/2013 226-45122-421610 880.00Check Total: Vendor:2935 CUSTOMIZED FIRE RESCUE TRAINING INC Check Sequence: 23 ACH Enabled: False 294 530 Maple St - asbestos/PCB inspections - required by MPCA 600.00 11/13/2013 101-42200-431990 600.00Check Total: Vendor:1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 24 ACH Enabled: True 1066173 re sale 12,050.05 11/12/2013 609-49750-425200 1066173 re sale 33.00 11/12/2013 609-49750-425400 1082088 re sale 25,674.60 11/12/2013 609-49750-425200 1082088 re sale 47.50 11/12/2013 609-49750-425400 1082098 re sale 908.25 11/12/2013 609-49750-425200 1082149 re sale 1,816.40 11/12/2013 609-49750-425200 1082162 re sale 21,348.93 11/12/2013 609-49750-425200 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 4 Invoice No Description Amount Payment Date Acct Number Reference 1082162 re sale 204.80 11/12/2013 609-49750-425400 14447 ballfield concessions 415.00 11/13/2013 226-45203-425200 15745 re sale 102.00 11/12/2013 609-49750-425200 15770 re sale 102.80 11/12/2013 609-49750-425200 15779 re sale 110.00 11/12/2013 609-49750-425200 15797 re sale 348.00 11/12/2013 609-49750-425200 15820 re sale 140.00 11/12/2013 609-49750-425200 63,301.33Check Total: Vendor:1134 DAY DISTRIBUTING COMPANY Check Sequence: 25 ACH Enabled: True 724077 re sale 1,884.65 11/12/2013 609-49750-425200 725037 re sale 1,142.60 11/12/2013 609-49750-425200 725037 re sale 59.20 11/12/2013 609-49750-425400 726016 re sale 1,569.65 11/12/2013 609-49750-425200 726016 re sale 31.80 11/12/2013 609-49750-425400 4,687.90Check Total: Vendor:3523 JOSHUA DICKINSON Check Sequence: 26 ACH Enabled: False FNM Refund FiberNet Monticello acct #0702 23.19 11/13/2013 655-00000-115025 23.19Check Total: Vendor:3524 KEN AND JANICE DONE Check Sequence: 27 ACH Enabled: False FNM Refund FiberNet Monticello acct #0258 373.60 11/13/2013 655-00000-115025 373.60Check Total: Vendor:1153 ECM PUBLISHERS INC Check Sequence: 28 ACH Enabled: True 28280 413 E River Variance 176.19 11/13/2013 101-41910-435100 28281 ZEIDEN - 9601 Gillard CUP 163.61 11/13/2013 101-41910-435100 28282 ZZALDI - Ali PHN 176.19 11/13/2013 101-41910-435100 31919 Image Builder Firemens 8.35 11/13/2013 609-49754-434990 36369 ROP - wine sale 260.25 11/13/2013 609-49754-434990 38818 ROP - wine sale 420.00 11/13/2013 609-49754-434990 1,204.59Check Total: Vendor:3540 JIM AND KAYE EISELE Check Sequence: 29 ACH Enabled: False FNM Refund FiberNet Monticello acct #1508 48.66 11/13/2013 655-00000-115025 48.66Check Total: AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor:3102 FIBERCONNECT INCORPORATED Check Sequence: 30 ACH Enabled: True Nov 2013 November 2013 Managment Fee 20,000.00 11/13/2013 655-49870-430700 20,000.00Check Total: Vendor:1614 FIRE ENGINEERING Check Sequence: 31 ACH Enabled: False Subscription (2) yr 24 issues digital magazine - S.J. 36.00 11/13/2013 101-42200-443300 36.00Check Total: Vendor:2222 FOX SPORTS NET INC Check Sequence: 32 ACH Enabled: True F91083 Fox Sports North October 2013 4,623.22 11/13/2013 655-49860-430920 F91083 Fox Sports North Taverns October 2013 187.50 11/13/2013 655-49860-430920 4,810.72Check Total: Vendor:2462 FOX TELEVISION STATIONS INC Check Sequence: 33 ACH Enabled: False KMSP Oct-13 KMSP October 2013 1,130.00 11/13/2013 655-49860-430920 1,130.00Check Total: Vendor:2462 FOX TELEVISION STATIONS INC Check Sequence: 34 ACH Enabled: False WFTC Oct-13 WFTC October 2013 180.80 11/13/2013 655-49860-430920 180.80Check Total: Vendor:3476 FS2 Check Sequence: 35 ACH Enabled: True F97118 FS2 October 2013 50.96 11/13/2013 655-49860-430920 50.96Check Total: Vendor:1413 GOPHER STATE ONE CALL Check Sequence: 36 ACH Enabled: True 82468 October 2013 locates 161.05 11/13/2013 601-49440-422770 82468 October 2013 locates 161.05 11/13/2013 656-49877-422770 322.10Check Total: Vendor:1206 GRAPE BEGINNINGS INC Check Sequence: 37 ACH Enabled: False 159066 re sale 768.00 11/12/2013 609-49750-425300 159066 freight 13.50 11/12/2013 609-49750-433300 781.50Check Total: Vendor:3542 GREAT WEST MECHANICAL INC Check Sequence: 38 ACH Enabled: False 10/23/13 utx - 6' pipe insulation 38.22 11/13/2013 101-43127-440100 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 6 Invoice No Description Amount Payment Date Acct Number Reference 38.22Check Total: Vendor:2591 BRIAN HELLMAN Check Sequence: 39 ACH Enabled: False 2615 9152 Leaf Circle completed 10/3/13 (bill in A/R) 87.50 11/13/2013 101-42400-431050 2616 9151 Leaf Circle completed 10/3/13 (bill in A/R) 87.50 11/13/2013 101-42400-431050 2617 PID 155-210-001010 Cedar St completed 10/3/13 (bill in A/R) 140.00 11/13/2013 101-42400-431050 2635 utx - wkly lawn care 8/5/13 thru 10/14/13 385.00 11/13/2013 217-41990-431050 2636 utx - wkly lawn care 8/5/13 thru 10/14/13 385.00 11/13/2013 101-42200-431050 2638 utx - wkly lawn care 8/5/13 thru 10/14/13 440.00 11/13/2013 211-45501-431050 2639 utx - wkly lawn care 8/5/13 thru 10/14/13 440.00 11/13/2013 609-49754-431050 2640 utx - wkly lawn care 8/5/13 thru 10/14/13 385.00 11/13/2013 101-41941-431050 2641 Riverside Cemetery - lawn care 8/4/13, 8/25/13 & 9/29/13 2,000.00 11/13/2013 651-49010-431050 2653 PID 155-123-000030 completed 10/3/13 (bill in A/R) 660.00 11/13/2013 101-42400-431050 5,010.00Check Total: Vendor:1242 HOLIDAY CREDIT OFFICE Check Sequence: 40 ACH Enabled: True 10/18/13 fuel - 9/24/13 - 10/16/13 321.49 11/13/2013 101-42200-421200 321.49Check Total: Vendor:2305 HOME BOX OFFICE Check Sequence: 41 ACH Enabled: True Oct - 13 HBO Bulk October 2013 509.74 11/13/2013 655-49860-430920 Oct - 13 HBO Cinemax October 2013 91.84 11/13/2013 655-49860-430920 Oct - 13 HBO October 2013 416.84 11/13/2013 655-49860-430920 1,018.42Check Total: Vendor:2214 HUBBARD BROADCASTING INC Check Sequence: 42 ACH Enabled: False KSTC Oct -13 KSTC October 2013 361.60 11/13/2013 655-49860-430920 361.60Check Total: Vendor:2214 HUBBARD BROADCASTING INC Check Sequence: 43 ACH Enabled: False KSTP Oct -13 KSTP October 2013 361.60 11/13/2013 655-49860-430920 361.60Check Total: Vendor:3369 JAKE'S EXCAVATING INC Check Sequence: 44 ACH Enabled: False 2425 10/21 Peterson grave, 10/23 Mendoza grave, 10/26 Shelquist grave 1,250.00 11/13/2013 651-49010-431150 1,250.00Check Total: Vendor:1259 JJ TAYLOR DISTRIBUTING Check Sequence: 45 ACH Enabled: False AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 7 Invoice No Description Amount Payment Date Acct Number Reference 2141129 re-sale 541.10 11/12/2013 609-49750-425200 2141129 freight 3.00 11/12/2013 609-49750-433300 544.10Check Total: Vendor:3525 LORNA JOHNSON Check Sequence: 46 ACH Enabled: False FNM Refund FiberNet Monticello acct #1577 19.48 11/13/2013 655-00000-115025 19.48Check Total: Vendor:1263 JOHNSON BROS WHOLESALE LIQUOR Check Sequence: 47 ACH Enabled: False 1696668 re sale 4,355.55 11/12/2013 609-49750-425100 1696668 freight 74.36 11/12/2013 609-49750-433300 1696669 freight 119.53 11/12/2013 609-49750-433300 1696669 re-sale 3,677.85 11/12/2013 609-49750-425300 1696669 re-sale 206.75 11/12/2013 609-49750-425400 1697194 re sale 2,127.46 11/12/2013 609-49750-425100 1697194 freight 26.06 11/12/2013 609-49750-433300 1697195 re sale 1,623.89 11/12/2013 609-49750-425300 1697195 freight 36.14 11/12/2013 609-49750-433300 1697196 re sale 78.00 11/12/2013 609-49750-425200 1700180 freight 18.07 11/12/2013 609-49750-433300 1700180 re-sale 544.30 11/12/2013 609-49750-425300 1702051 re sale 367.25 11/12/2013 609-49750-425100 1702051 freight 6.95 11/12/2013 609-49750-433300 1702052 re sale 1,184.45 11/12/2013 609-49750-425100 1702052 freight 40.31 11/12/2013 609-49750-433300 1702786 re sale 1,597.72 11/12/2013 609-49750-425100 1702786 freight 19.68 11/12/2013 609-49750-433300 1702787 re sale 3,600.95 11/12/2013 609-49750-425300 1702787 freight 95.22 11/12/2013 609-49750-433300 1705950 re sale 759.28 11/12/2013 609-49750-425100 1705950 freight 9.73 11/12/2013 609-49750-433300 1705951 freight 38.92 11/12/2013 609-49750-433300 1705951 liquor 2,594.00 11/12/2013 609-49750-425100 1705952 re sale 1,106.10 11/12/2013 609-49750-425300 1705952 freight 37.53 11/12/2013 609-49750-433300 1707922 re sale 996.00 11/12/2013 609-49750-425100 1707922 freight 9.73 11/12/2013 609-49750-433300 1707923 re sale 1,379.80 11/12/2013 609-49750-425300 1707923 freight 43.09 11/12/2013 609-49750-433300 596988 -1.39 11/13/2013 609-49750-433300 596988 -36.00 11/13/2013 609-49750-425300 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 8 Invoice No Description Amount Payment Date Acct Number Reference 597238 -53.25 11/13/2013 609-49750-425100 597238 -1.39 11/13/2013 609-49750-433300 26,682.64Check Total: Vendor:3526 THERESA KEEHN Check Sequence: 48 ACH Enabled: False FNM Refund FiberNet Monticello acct #1455 13.03 11/13/2013 655-00000-115025 13.03Check Total: Vendor:1270 KENNEDY AND GRAVEN CHARTERED Check Sequence: 49 ACH Enabled: False 116530 General EDA Matters through 9/30/13 270.00 11/13/2013 213-46301-430400 270.00Check Total: Vendor:3475 KUECHLE UNDERGROUND INC Check Sequence: 50 ACH Enabled: False Voucher No. 3 12C002 - Voucher No 3 - West 7th Street Extension 98,834.53 11/13/2013 400-43300-459010 98,834.53Check Total: Vendor:3527 JENNIFER LAVASSEUR Check Sequence: 51 ACH Enabled: False FNM Refund FiberNet Monticello acct #0579 26.53 11/13/2013 655-00000-115025 26.53Check Total: Vendor:1291 LEAGUE OF MN CITIES INS TRUST Check Sequence: 52 ACH Enabled: False 26122 10/10 - 12/31/13 Work Comp 12,156.00 11/13/2013 101-49240-415100 26122 10/10 - 12/31/13 Work Comp 346.00 11/13/2013 217-41990-415100 26122 10/10 - 12/31/13 Work Comp 22.00 11/13/2013 651-49010-415100 26122 10/10 - 12/31/13 Work Comp 4,880.00 11/13/2013 101-42200-415100 26122 10/10 - 12/31/13 Work Comp 1,470.00 11/13/2013 609-49754-415100 26122 10/10 - 12/31/13 Work Comp 815.00 11/13/2013 601-49440-415100 26122 10/10 - 12/31/13 Work Comp 815.00 11/13/2013 602-49490-415100 26122 10/10 - 12/31/13 Work Comp 1,691.00 11/13/2013 655-49870-415100 26122 10/10 - 12/31/13 Work Comp 2,186.00 11/13/2013 226-45122-415100 26122 1/1 - 10/10/14 Work Comp 36,468.00 11/13/2013 101-00000-155020 26122 1/1 - 10/10/14 Work Comp 1,038.00 11/13/2013 217-00000-155020 26122 1/1 - 10/10/14 Work Comp 66.00 11/13/2013 651-00000-155020 26122 1/1 - 10/10/14 Work Comp (Fire) 14,637.00 11/13/2013 101-00000-155020 26122 1/1 - 10/10/14 Work Comp 4,410.00 11/13/2013 609-00000-155020 26122 1/1 - 10/10/14 Work Comp 2,445.00 11/13/2013 601-00000-155020 26122 1/1 - 10/10/14 Work Comp 2,445.00 11/13/2013 602-00000-155020 26122 1/1 - 10/10/14 Work Comp 5,073.00 11/13/2013 655-00000-155020 26122 1/1 - 10/10/14 Work Comp 6,558.00 11/13/2013 226-00000-155020 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 9 Invoice No Description Amount Payment Date Acct Number Reference 97,521.00Check Total: Vendor:3522 LIVE LAUGH AND BLOOM Check Sequence: 53 ACH Enabled: False FNM Refund FiberNet Monticello acct #1803 29.95 11/13/2013 655-00000-115025 29.95Check Total: Vendor:1303 M AMUNDSON LLP Check Sequence: 54 ACH Enabled: True 162486 re-sale 139.50 11/13/2013 609-49750-425400 162486 re-sale 729.30 11/13/2013 609-49750-425300 868.80Check Total: Vendor:1988 MADISON GROUP INC Check Sequence: 55 ACH Enabled: False Settlement Settlement 75,000.00 11/13/2013 655-49870-443990 75,000.00Check Total: Vendor:1229 MAJIRS ADVERTISING & DESIGN INC Check Sequence: 56 ACH Enabled: True 1006 (250) business cards - C.M. 70.59 11/13/2013 226-45122-421990 70.59Check Total: Vendor:3528 FLORENCE MAYER Check Sequence: 57 ACH Enabled: False FNM Refund FiberNet Monticello acct #1628 48.22 11/13/2013 655-00000-115025 48.22Check Total: Vendor:1318 JONATHAN CALEB MELLBERG Check Sequence: 58 ACH Enabled: True 10/28/13 10/28/13 City Council mtg recording 80.00 11/13/2013 101-41110-431990 80.00Check Total: Vendor:2215 METRO GOLDWYN MAYER INC Check Sequence: 59 ACH Enabled: True Oct - 13 MGM HD October 2013 35.29 11/13/2013 655-49860-430920 35.29Check Total: Vendor:1920 MFRA - MCCOMBS FRANK ROOS ASSOC INC Check Sequence: 60 ACH Enabled: True 01578 Project 18304 City of Monti - thru 9/7/13 Zoning Ord Amendments 318.00 11/13/2013 101-41910-431990 318.00Check Total: Vendor:2692 ILLEANA MILLER Check Sequence: 61 ACH Enabled: True AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 10 Invoice No Description Amount Payment Date Acct Number Reference 10/23/13 Reimb OfficeMax - (1) 25pc black cover; (1) 25pk cover set; ect. 47.85 11/13/2013 655-49870-420990 10/23/13 Reimb Target - business office - (1) tape measure 8.99 11/13/2013 655-49870-420990 56.84Check Total: Vendor:2179 MINNESOTA 9-1-1 PROGRAM Check Sequence: 62 ACH Enabled: False Oct - 13 October 2013 911 Wright Co 876.09 11/13/2013 655-00000-208170 876.09Check Total: Vendor:2108 MN CITY/COUNTY MGMT ASSOCIATION Check Sequence: 63 ACH Enabled: False Membership 5/1/13 - 4/30/14 Jeff O'Neill membership renewal 122.80 11/13/2013 101-41310-443300 122.80Check Total: Vendor:1971 MN FALL MAINTENANCE EXPO Check Sequence: 64 ACH Enabled: False 4366 2013 Fall Maintenance Expo (7 attendees) 175.00 11/13/2013 101-43120-433200 4368 2013 Fall Maintenance Expo (4 attendees) 100.00 11/13/2013 101-45201-433200 275.00Check Total: Vendor:1366 CITY OF MONTICELLO Check Sequence: 65 ACH Enabled: False 0015619 MGFARM - 10/2/13 cap well at 112 East Broadway 300.00 11/13/2013 213-46522-431990 300.00Check Total: Vendor:1371 MONTICELLO FIREMEN RELIEF ASSOC Check Sequence: 66 ACH Enabled: False 10/25/13 State of MN 10/25/13 EFT pass thru 24,998.23 11/13/2013 101-42202-334200 24,998.23Check Total: Vendor:3430 MONTICELLO FOOTBALL BOOSTERS Check Sequence: 67 ACH Enabled: False 468 utx - 5x7 banner at football field 250.00 08/13/2013 226-45122-434990 250.00Check Total: Vendor:1376 MONTICELLO PUBLIC LIBRARY Check Sequence: 68 ACH Enabled: True 9/1-9/30/13 Program services 350.00 11/13/2013 211-45501-430150 9/1-9/30/13 Program supplies 47.37 11/13/2013 211-45501-421990 9/1-9/30/13 utx - Program supplies 5.00 11/13/2013 211-45501-421990 402.37Check Total: Vendor:1377 MONTICELLO SENIOR CENTER Check Sequence: 69 ACH Enabled: True November 2013 Monthly appropriation 4,291.67 11/13/2013 101-45175-444310 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 11 Invoice No Description Amount Payment Date Acct Number Reference 4,291.67Check Total: Vendor:1390 MTI DISTRIBUTING INC Check Sequence: 70 ACH Enabled: False 935497-01 #222 - (1) thermostat 63.00 11/13/2013 101-45201-422110 63.00Check Total: Vendor:2218 MUSIC CHOICE Check Sequence: 71 ACH Enabled: True Oct - 13 Music Choice October 2013 181.20 11/13/2013 655-49860-430920 181.20Check Total: Vendor:2275 NATIONAL GEOGRAPHIC WILD Check Sequence: 72 ACH Enabled: True G01792 National Geographic Wild October 2013 50.00 11/13/2013 655-49860-430920 50.00Check Total: Vendor:1913 NEW FRANCE WINE Check Sequence: 73 ACH Enabled: False 85609 re-sale 536.00 11/13/2013 609-49750-425300 85609 freight 12.50 11/13/2013 609-49750-433300 548.50Check Total: Vendor:2216 NHL NETWORK Check Sequence: 74 ACH Enabled: False Oct - 13 NHL October 2013 254.72 11/13/2013 655-49860-430920 254.72Check Total: Vendor:1401 NORTHWEST ASSOCIATED CONSULTANTS INC Check Sequence: 75 ACH Enabled: True 21004 General 914.36 11/13/2013 101-41910-431990 21004 ZTOWER - General - City Communications Tower 98.00 11/13/2013 101-41910-431990 21005 MWSRR issue - Walters Variance & CUP 1,005.10 11/13/2013 101-41910-431990 21005 ZZIRET - IRET Mulit Family Rezoning 1,190.70 11/13/2013 101-00000-220110 21005 ZZALDI - Aldi Preliminary; Final Plat & CUP 1,467.00 11/13/2013 101-00000-220110 4,675.16Check Total: Vendor:3529 BRENT AND JENNIFER NYGAARD Check Sequence: 76 ACH Enabled: False FNM Refund FiberNet Monticello acct #1252 38.37 11/13/2013 655-00000-115025 38.37Check Total: Vendor:3530 JASON OLTMANNS Check Sequence: 77 ACH Enabled: False FNM Refund FiberNet Monticello acct #0560 47.24 11/13/2013 655-00000-115025 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 12 Invoice No Description Amount Payment Date Acct Number Reference 47.24Check Total: Vendor:1412 OMANN BROTHERS INC Check Sequence: 78 ACH Enabled: False 10610 6.99 ton asphalt 412.38 11/13/2013 101-43120-422400 412.38Check Total: Vendor:3531 MATTHEW ONNEN Check Sequence: 79 ACH Enabled: False FNM Refund FiberNet Monticello acct #1061 65.42 11/13/2013 655-00000-115025 65.42Check Total: Vendor:1674 JAMIE ANN PAULSON Check Sequence: 80 ACH Enabled: True 13592 (24) Jerzees Polo 298.50 11/13/2013 609-49754-421110 13592 (24) embroidery - crest logo 168.00 11/13/2013 609-49754-421110 466.50Check Total: Vendor:1273 PAUSTIS & SONS WINE CO Check Sequence: 81 ACH Enabled: False 8422759 336.70 11/12/2013 609-49750-425300 8422759 freight 8.75 11/12/2013 609-49750-433300 345.45Check Total: Vendor:3532 DAN PETERSON Check Sequence: 82 ACH Enabled: False FNM Refund FiberNet Monticello acct #1293 24.80 11/13/2013 655-00000-115025 24.80Check Total: Vendor:1427 PHILLIPS WINE & SPIRITS CO Check Sequence: 83 ACH Enabled: False 2503440 re-sale 4,871.68 11/12/2013 609-49750-425100 2503440 freight 67.30 11/12/2013 609-49750-433300 2503441 freight 4.17 11/12/2013 609-49750-433300 2503779 re sale 2,148.93 11/12/2013 609-49750-425100 2503779 freight 30.93 11/12/2013 609-49750-433300 2503780 re sale 400.65 11/12/2013 609-49750-425300 2503780 re sale 10.43 11/12/2013 609-49750-425300 2505722 freight 8.34 11/12/2013 609-49750-433300 2505722 re sale 912.45 11/12/2013 609-49750-425100 2505723 re sale 70.00 11/12/2013 609-49750-425300 2505723 freight 2.78 11/12/2013 609-49750-433300 2506972 re sale 3,968.50 11/12/2013 609-49750-425100 2506972 freight 58.38 11/12/2013 609-49750-433300 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 13 Invoice No Description Amount Payment Date Acct Number Reference 2506973 freight 38.92 11/12/2013 609-49750-433300 2506973 re-sale 1,546.00 11/12/2013 609-49750-425300 2507471 re sale 694.36 11/12/2013 609-49750-425100 2507471 freight 11.40 11/12/2013 609-49750-433300 2507472 freight 9.73 11/12/2013 609-49750-433300 2507472 re sale 392.00 11/12/2013 609-49750-425100 2509382 re sale 1,208.31 11/12/2013 609-49750-425100 2509382 freight 15.75 11/12/2013 609-49750-433300 2509383 freight 34.75 11/12/2013 609-49750-433300 2509383 re sale 1,685.80 11/12/2013 609-49750-425300 2510649 freight 13.90 11/12/2013 609-49750-433300 2510649 re sale 815.50 11/12/2013 609-49750-425100 2510650 re sale 2,627.80 11/12/2013 609-49750-425300 2510650 freight 65.33 11/12/2013 609-49750-433300 3514978 -34.83 11/13/2013 609-49750-425100 3514979 -7.69 11/13/2013 609-49750-425100 3514980 -7.69 11/13/2013 609-49750-425100 3514981 -23.00 11/13/2013 609-49750-425100 3514982 -4.67 11/13/2013 609-49750-425300 3514983 -6.27 11/13/2013 609-49750-425100 3514984 -5.74 11/13/2013 609-49750-425100 21,624.20Check Total: Vendor:1455 RED'S MARATHON Check Sequence: 84 ACH Enabled: False 10/14/13 S-10 - T.B. - (PW pump down) 35.00 11/13/2013 101-43115-421200 9/19/13 fuel for #128 roller 12.37 11/13/2013 101-43120-421200 47.37Check Total: Vendor:2331 ROBIN K REICHEL Check Sequence: 85 ACH Enabled: False 171398 Fall 2013 Wine Tasting Event - catering 2,236.18 11/12/2013 609-49754-425550 171398 utx - Fall 2013 Wine Tasting Event - catering staff persons 180.00 11/12/2013 609-49754-425550 2,416.18Check Total: Vendor:1470 RUSSELL SECURITY RESOURCE INC Check Sequence: 86 ACH Enabled: True A22377 utx - repair exit device on natl grd entrance 117.50 11/13/2013 226-45122-440100 117.50Check Total: Vendor:3533 MATT SALGE Check Sequence: 87 ACH Enabled: False FNM Refund FiberNet Monticello acct #0141 18.81 11/13/2013 655-00000-115025 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 14 Invoice No Description Amount Payment Date Acct Number Reference 18.81Check Total: Vendor:1474 PATRICIA A SALZWEDEL Check Sequence: 88 ACH Enabled: True 11/15/13 Contract 1,593.75 11/13/2013 101-42700-431200 1,593.75Check Total: Vendor:3534 PHIL SCHREIFELS Check Sequence: 89 ACH Enabled: False FNM Refund FiberNet Monticello acct #0150 12.64 11/13/2013 655-00000-115025 12.64Check Total: Vendor:3535 KENDALL SCHUMANN Check Sequence: 90 ACH Enabled: False FNM Refund FiberNet Monticello acct #0485 48.96 11/13/2013 655-00000-115025 48.96Check Total: Vendor:1361 SHRED IT USA INC Check Sequence: 91 ACH Enabled: False 9402721862 Shredding service 10.00 11/13/2013 101-43110-431990 9402721863 Shredding service 10.00 11/13/2013 217-41990-431990 9402721989 Shredding service 20.16 11/13/2013 101-41940-431990 40.16Check Total: Vendor:1490 CYNTHIA R SIMPSON Check Sequence: 92 ACH Enabled: False 894109 October 2013 Firehall cleaning 100.00 11/13/2013 101-42200-431100 100.00Check Total: Vendor:2212 SINCLAIR TELEVISION GROUP INC Check Sequence: 93 ACH Enabled: False Oct - 13 WUCW October 2013 280.24 11/13/2013 655-49860-430920 280.24Check Total: Vendor:3309 SOUTHERN WINE & SPIRITS OF MINNESOTA Check Sequence: 94 ACH Enabled: False 1090298 re sale 2,015.00 11/12/2013 609-49750-425300 1090298 freight 35.00 11/12/2013 609-49750-433300 1090927 re sale 2,228.75 11/12/2013 609-49750-425100 1090927 freight 13.75 11/12/2013 609-49750-433300 1093582 re sale 2,264.14 11/12/2013 609-49750-425100 1093582 freight 23.75 11/12/2013 609-49750-433300 1093583 freight 28.12 11/12/2013 609-49750-433300 1093583 re sale 1,755.04 11/12/2013 609-49750-425300 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 15 Invoice No Description Amount Payment Date Acct Number Reference 8,363.55Check Total: Vendor:3536 JUDY STANGER Check Sequence: 95 ACH Enabled: False FNM Refund FiberNet Monticello acct #0870 11.65 11/13/2013 655-00000-115025 11.65Check Total: Vendor:1506 STRATEGIC EQUIPMENT & SUPPLY Check Sequence: 96 ACH Enabled: False 2108878 re-sale 27.60 11/13/2013 609-49750-425400 2108878 (12) bale - assorted brown bag 401.70 11/13/2013 609-49754-421990 2114828 re-sale 118.14 11/12/2013 609-49750-425400 2114828 (3) bale - assorted brown bags 61.95 11/12/2013 609-49754-421990 2114828 (1) cs 12-16G 24x32 250/cs canliner 32.31 11/12/2013 609-49754-421100 641.70Check Total: Vendor:3251 STRATEGIC INSIGHTS INC Check Sequence: 97 ACH Enabled: False 13Plan-It-156 Capital Planning Software - 1-User Dept/1yr license to 1/1/15 721.41 11/13/2013 101-41520-421990 721.41Check Total: Vendor:3537 LUKE THIELEN Check Sequence: 98 ACH Enabled: False FNM Refund FiberNet Monticello acct #1117 13.53 11/13/2013 655-00000-115025 13.53Check Total: Vendor:1522 THORPE DISTRIBUTING COMPANY Check Sequence: 99 ACH Enabled: True 756029 -28.80 11/13/2013 609-49750-425200 756040 -160.00 11/13/2013 609-49750-425200 756051 re sale -160.00 11/12/2013 609-49750-425200 785157 re sale 13.95 11/12/2013 609-49750-425400 785158 re sale 11,346.95 11/12/2013 609-49750-425200 785346 re sale 188.00 11/12/2013 609-49750-425200 786428 re sale 13.95 11/12/2013 609-49750-425400 786429 re sale 9,160.78 11/12/2013 609-49750-425200 20,374.83Check Total: Vendor:3538 JOHN AND TARA THURBER Check Sequence: 100 ACH Enabled: False FNM Refund FiberNet Monticello acct #1254 44.47 11/13/2013 655-00000-115025 44.47Check Total: Vendor:3512 TRILEAF Check Sequence: 101 ACH Enabled: False AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 16 Invoice No Description Amount Payment Date Acct Number Reference 10092630 ZTOWER - Tribal Consultation 2,917.85 11/13/2013 101-41910-431990 2,917.85Check Total: Vendor:2268 UNIVERSAL SERVICE ADMINISTRATIVE COMPANY Check Sequence: 102 ACH Enabled: False UBDI0000648718 Filer 499 ID 828118 Late Filing Sanction 100.00 11/13/2013 655-49870-431970 100.00Check Total: Vendor:1544 US POSTAL SERVICE Check Sequence: 103 ACH Enabled: False 9/3/13 Balance Permit #42 - 9/3/13 Sept FNM bill mailing balance 142.25 11/13/2013 655-49870-432200 142.25Check Total: Vendor:1550 VEOLIA WATER N AM OPERATING SERV LLC VEOLIA WATER N AM OPERATIONS INC Check Sequence: 104 ACH Enabled: False 00031756 12C003 - Progress Inv #10 WWTP DEEP - Upgrades Ph 1 Design 4,459.67 11/13/2013 602-00000-165010 4,459.67Check Total: Vendor:1552 VIKING COCA COLA BOTTLING CO Check Sequence: 105 ACH Enabled: True 1204645 re sale 269.60 11/12/2013 609-49750-425400 1204798 re sale 181.90 11/12/2013 609-49750-425400 1208742 re sale 157.60 11/12/2013 609-49750-425400 609.10Check Total: Vendor:1684 VINOCOPIA Check Sequence: 106 ACH Enabled: True 86069 re sale 593.25 11/12/2013 609-49750-425100 86069 re sale 1,240.00 11/12/2013 609-49750-425300 86069 freight 22.50 11/12/2013 609-49750-433300 86543 re sale 276.75 11/12/2013 609-49750-425100 86543 re sale 648.00 11/12/2013 609-49750-425300 2,780.50Check Total: Vendor:3539 CHAD VOKATY Check Sequence: 107 ACH Enabled: False FNM Refund FiberNet Monticello acct #0204 20.97 11/13/2013 655-00000-115025 20.97Check Total: Vendor:2533 WELLS FARGO BANK NA Check Sequence: 108 ACH Enabled: False 8594706 Acct HBS000724 7/1-9/30/13 HSA Administration 352.50 11/13/2013 101-49240-413500 352.50Check Total: AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 17 Invoice No Description Amount Payment Date Acct Number Reference Vendor:2651 WILSON DEVELOPMENT SERVICES LLC Check Sequence: 109 ACH Enabled: True 23350 MGFARM - Acquisition & Relocation Serv - Montgomery Frms-service 865.00 11/13/2013 213-46522-431990 23350 MGFARM - Acquisition & Relocation Serv - Montgomery Frms-expense 61.62 11/13/2013 213-46522-431990 23351 MGFARM - Acquisition & Relocation Serv - ZOO - service 155.50 11/13/2013 213-46522-431990 1,082.12Check Total: Vendor:1572 THE WINE COMPANY Check Sequence: 110 ACH Enabled: False 343246 re sale 1,376.00 11/12/2013 609-49750-425300 343246 freight 24.75 11/12/2013 609-49750-433300 343776 re sale 86.67 11/12/2013 609-49750-425300 343776 freight 5.00 11/12/2013 609-49750-433300 344904-00 re-sale 176.00 11/13/2013 609-49750-425300 344904-00 freight 5.00 11/13/2013 609-49750-433300 1,673.42Check Total: Vendor:1573 WINE MERCHANTS INC Check Sequence: 111 ACH Enabled: False 476704 re sale 760.00 11/12/2013 609-49750-425300 476704 freight 16.68 11/12/2013 609-49750-433300 477628 re sale 368.64 11/12/2013 609-49750-425300 477628 freight 4.63 11/12/2013 609-49750-433300 478022 re sale 1,024.00 11/12/2013 609-49750-425300 478022 freight 9.73 11/12/2013 609-49750-433300 2,183.68Check Total: Vendor:1209 WIRTZ BEVERAGE MINNESOTA WINE & SPIRITS Check Sequence: 112 ACH Enabled: False 1080101083 re sale 754.00 11/12/2013 609-49750-425300 1080101083 re sale 6,983.30 11/12/2013 609-49750-425100 1080101083 freight 123.77 11/12/2013 609-49750-433300 1080101134 re sale 56.00 11/12/2013 609-49750-425300 1080103875 re sale 5,705.99 11/12/2013 609-49750-425100 1080103875 re sale 1,098.00 11/12/2013 609-49750-425300 1080103875 freight 97.42 11/12/2013 609-49750-433300 2080019986 re sale -50.00 11/12/2013 609-49750-425100 2080020004 re sale -105.27 11/12/2013 609-49750-425100 2080020389 re sale -68.74 11/12/2013 609-49750-425100 2080020941 re sale -2.78 11/12/2013 609-49750-425100 14,591.69Check Total: Vendor:1584 WSB & ASSOCIATES INC Check Sequence: 113 ACH Enabled: True 1010000191 General Engineering Services Ph 3 2013 (1/3) 2,500.00 11/13/2013 101-43111-430300 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 18 Invoice No Description Amount Payment Date Acct Number Reference 1010000191 General Engineering Services Ph 3 2013 (1/3) 2,500.00 11/13/2013 601-49440-430300 1010000191 General Engineering Services Ph 3 2013 (1/3) 2,500.00 11/13/2013 602-49490-430300 10102701150 Monticello Maps - GIS Demo; tech support CityLink - J.O. & J.H. 469.00 11/13/2013 101-43111-430300 149447011 ZRCFOS - Second River Crossing Study 710.00 11/13/2013 101-43111-430300 149448025 ZRCFOS - Fallon Overpass 11C005 - code to expense per A.M. 1,562.00 11/13/2013 101-43111-430300 149457018 12C001 - 2012 Rural Road Impr - code to expense per A.M. 1,900.00 11/13/2013 101-43111-430300 149458017 10C010 - Great River Trailways/Trailhead-Ph3 Const 678.00 11/13/2013 400-43300-459010 149465012 12C003 - WWTF Sludge Dewater Facility & Blower Ph 4 7,173.64 11/13/2013 602-00000-165010 14947006 General WWTP 284.00 11/13/2013 602-49480-430300 14947203 Economic Development & Market Matching 4,000.00 11/13/2013 101-46500-431990 14947401 ZTOWER - Ph II ESA Communications Tower 2,836.59 11/13/2013 101-41910-430300 14947502 ZZIRET - IRET Properties (Hart Blvd/CSAH 39) Plan Review 62.00 11/13/2013 101-00000-220110 14947602 ZTOWER - Communications Tower 2,172.00 11/13/2013 101-41910-430300 14947702 ZZALDI - Aldi Plan Review 2,010.00 11/13/2013 101-00000-220110 14947801 ZSWPPP - MS4/SWPPP - meetings 353.50 11/13/2013 101-43111-430300 162751022 12C002 - 7th St (Elm to Minn) Ext-Ph 3 Const 9,241.50 11/13/2013 400-43300-459010 162751022 12C002 - 7th St (Elm to Minn) Ext-Ph 3 Const - Braun #374453 2,707.25 11/13/2013 400-43300-459010 162751022 12C002 - 7th St (Elm to Minn) Ext-Ph 3 Const - Braun #372551 759.00 11/13/2013 400-43300-459010 44,418.48Check Total: Vendor:1585 XCEL ENERGY Check Sequence: 114 ACH Enabled: False 10/21/13 51-9391437-3 367.10 11/13/2013 101-41941-438100 10/21/13 MGFARM - 51-0798481-0 56.40 11/13/2013 213-46522-438100 10/28/13 51-6505907-2 72.49 11/13/2013 101-43140-438100 10/28/13 51-6505908-3 18.07 11/13/2013 101-42500-438100 10/29/13 51-6505916-3 14,130.83 11/13/2013 101-43160-438100 10/29/13 51-6505905-0 7,008.21 11/13/2013 601-49440-438100 21,653.10Check Total: Vendor:1586 CHRIS ZALOMSKY Check Sequence: 115 ACH Enabled: False 820 (81) nametags w/new logo 692.55 11/13/2013 226-45122-420990 692.55Check Total: Total for Check Run: Total of Number of Checks: 625,148.11 115 AP-Computer Check Proof List by Vendor (11/06/2013 - 1:06 PM)Page 19THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE: 11/12/13 APPROVED BY: _______________________________________ Mayor Clint Herbst CityCouncilAgenda:11/12/2013 1 5B.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments (TE) A.REFERENCEANDBACKGROUND: TheCouncilisaskedtoratifythehiringanddeparturesofemployeesthathaveoccurred recentlyinthedepartmentslisted.ItisrecommendedthattheCouncilofficiallyratifythe hiring/departureofalllistedemployeesincludingpart-timeandseasonalworkers. A1.BudgetImpact:(positionsaregenerallyincludedinbudget) A2.StaffWorkLoadImpact:Ifnewpositions,theremaybesometraining involved.Ifterminatedpositions,existingstaffwouldpickupthosehours,as needed,untilreplaced. B.ALTERNATIVEACTIONS: 1.Motiontoratifythehire/departuresoftheemployeesasidentifiedontheattached list. 2.Motiontodenytherecommendedhiresanddepartures. C.RECOMMENDATION: BystatutetheCityCouncilhastheauthoritytoapproveallhires/departures.Citystaff recommendsAlternative#1,fortheCounciltoapprovethehiresand/ordeparturesas listed. D.SUPPORTINGDATA: Listofnew/terminatedemployees Name Title Department Hire Date Class Kristi Clouthier Lead Guest Service MCC 10/24 PT Jenna Kothenbeutel Guest Service 2 MCC 10/29 PT Name Reason Department Last Day Class Scott Iano Voluntary Parks 10/29 Seasonal Charles DeGrio Voluntary Parks 10/30 Seasonal Clarence Maanum Voluntary Parks 10/30 Seasonal Genevieve Gordon Voluntary MCC 10/25 PT NEW EMPLOYEES TERMINATING EMPLOYEES New Hire and Terms City Council 2013: 11/4/2013 CityCouncilAgenda:11/12/13 1 5C.ConsiderationofadoptingOrdinance#585amendingMonticelloCityCodeto eliminateTitle3,Chapter8-Bingo (CS) A.REFERENCEANDBACKGROUND: CityCouncilisaskedtoadoptanordinancewhichwouldeliminateasectionofcitycode forbingo.Thisisanobsoletechapterwhichdoesnotapplyanylonger.Thisrequestis basicallyahousekeepingitem. InJanuaryof2012,CityCounciladoptedanamendmenttothecitycodeforTitle3, Chapter12–LawfulGambling,whichbroughtourcodeuptodatewithMinnesotastate statutesrelativetogambling.Thechapteronlawfulcharitablegamblingincludessome rulespertainingtobingo.TheMinnesotaGamblingControlBoardcontrolsmostofthe gamblingregulationsinthestatewiththelocalentitiesprovidinglimitedoversightand approvalofapplications.Theoldcitycodeonbingonolongercomplieswiththestate regulationsandshouldberemoved.ThishasbeenconfirmedwithCityAttorneyJoel Jamnik. A1.BudgetImpact:Minimalcostforpublishingtheordinanceamendment. A2.StaffWorkloadImpact:Minimalstafftimetoprepareandupdatethecitycode. B.ALTERNATIVEACTIONS: 1.MotiontoadoptOrdinance#585amendingMonticelloCityCodetoeliminate Title3,Chapter8–Bingo. 2.MotiontodenyOrdinance#585atthistime. C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1toeliminatethechapteronbingofromcitycode. D.SUPPORTINGDATA: A.OrdinanceNo.585 B.CopyofexistingCityCodeTitle3,Chapter8–Bingo C.CopyofCityCodeTitle3,Chapter12–LawfulGambling ORDINANCENO.585 CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA ANORDINANCEAMENDINGTHEMONTICELLOCITYCODETOELIMINATE TITLEIII,CHAPTER8-BINGO ITISHEREBYORDAINEDBY theCityCounciloftheCityofMonticello,Minnesota: Section1.TitleIII,Chapter8-Bingo,shallbedeletedinitsentiretyfromtheMonticelloCity Codeandreferencetothistitleshallberemovedfromcitycodeindexes. Section2.TheCityClerkisherebydirectedtomakethechangesrequiredbythisOrdinance aspartoftheOfficialMonticelloCityCode,andtorenumberthechapters accordinglyasnecessarytoprovidetheintendedeffectofthisOrdinance.The CityClerkisfurtherdirectedtomakenecessarycorrectionstoanyinternalcitations thatresultfromsaidrenumberingprocess,providedthatsuchchangesretainthe purposeandintentoftheMonticelloCityCodeashasbeenadopted. Section5.ThisOrdinanceshalltakeeffectandbeinfullforcefromandafteritspassage andpublication.Thistitleandchapterinitsentiretyshallberemovedfromthe Citywebsiteafterpublication.CopiesofthecompleteCityCodeareavailable onlineandatMonticelloCityHallforexaminationuponrequest. ADOPTEDANDAPPROVEDFORPUBLICATIONBY theMonticelloCityCouncilthis12th dayofNovember,2013. CITYOFMONTICELLO _______________________________ ClintHerbst,Mayor ATTEST: ________________________________ JeffO’Neill,CityAdministrator VOTINGINFAVOR: VOTINGINOPPOSITION: MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 1 CHAPTER 8 BINGO SECTION: 3-8-1: Purpose 3-8-2: Definitions 3-8-3: License Required 3-8-4: License Applications 3-8-5: Suspension or Revocation 3-8-6: Conduct of Bingo 3-8-7: Bingo on Leased Premises 3-8-8: Prizes 3-8-9: Records 3-8-10: Reports 3-8-11: Inspection & Investigation 3-8-12: Use of Bingo Receipts 3-8-13: Use of Bingo Profits 3-8-14: Exemptions 3-8-15: Penalties 3-8-16: Effective Date 3-8-1: PURPOSE: The purpose of this ordinance is to closely regulate and control the conduct of the game of bingo and to prohibit commercialization of bingo. 3-8-2: DEFINITIONS: Whenever the following terms appear in this ordinance, they shall have the meanings assigned to them in this section. (A) ACTIVE MEMBER: A member of the organization requesting a license whose dues are paid for the current membership period and who has been a member for at least six months. (B) BINGO: A game where each player has a card or board for which a consideration has been paid containing five horizontal rows of spaces with each row except the central one containing five figures. The central row has four figures with the word "free" marked in the center space thereof. A player wins a game of bingo by completing any pre-announced combination of spaces or, in the absence of a pre-announcement of a combination of spaces, any combination of five spaces in a row, either vertical, horizontal, or diagonal. (C) BINGO OCCASION: A single gathering or session at which a series of one or more successive bingo games is played. (D) ELIGIBLE ORGANIZATION: Any fraternal, religious, veterans, or other MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 2 non-profit organization which has been in existence for at least three years and has at least 30 active members. (E) PROFIT: The gross receipts collected from one or more bingo occasions less reasonable sums necessarily and actually expended for bingo supplies and equipment, prizes, rent, and utilities used during the bingo occasions, bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion. 3-8-3: LICENSE REQUIRED: No bingo occasion shall be conducted except by an eligible organization which has secured a license for that purpose as provided in this ordinance. An organization which is otherwise eligible for a license need not secure a license when bingo games are conducted fewer than five (5) times in a year. *(#19, 9/13/76) (A) A license shall be valid for twelve calendar months from the date of issuance. (B) The annual license fee shall be adopted by the City Council. (#107, 11/23/81) (C) No bingo license issued may be transferred to any other person or organization. No bingo license shall be transferred to any location other than the location specified in the license without prior approval by the Council. 3-8-4: LICENSE APPLICATIONS: Every application for a bingo license shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or the Council may require. No person shall make a false statement in an application. Copies of each application shall be referred to the City's Police Chief, Fire Chief, and Building Inspector for their recommendations. 3-8-5: SUSPENSION OR REVOCATION: The Council may suspend for a period not exceeding 60 days or revoke any bingo license for violation of any provision of M.S. Ch. 349 of this ordinance. The holder of the license shall be granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee. 3-8-6: CONDUCT OF BINGO: Each licensed organization shall appoint a bingo manager to supervise bingo occasions conduct by it. The bingo manager must be a member of the licensed organization with dues paid for the current membership period and must have been a member of the organization for at least two years. The bingo manager shall give a fidelity bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of his or her duties, except MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 3 that the City Council may waive the bond requirement upon a showing by the proposed bingo manager and the licensed organization that bond is not required to protect the organization and upon a unanimous vote of the City Council. Terms of the bond shall provide that notice shall be given in writing to the City Council not less than 30 days prior to its cancellation. Each bingo occasion shall be conducted under the direct supervision of the bingo manager, who shall be responsible for the conduct of the bingo occasion in compliance with all applicable laws and ordinances. No person shall act as bingo manager for more than one organization. (A) One or more checkers shall be engaged for each bingo occasion. The checkers shall be active members of the licensed organization or spouses of active members of the licensed organization. The checker or checkers shall record the number of cards purchased and played in each game prior to the completion of each game and record the prizes awarded to the recorded cards. Each checker shall certify all figures which he or she has recorded as accurate and correct to the best of his or her knowledge on forms prescribed by the City Clerk. (B) Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization or the spouse of an active member of the licensed organization. (C) No person shall receive more than $12 as compensation for any duties in connection with any one bingo occasion. (D) No more than 104 bingo occasions each year or two bingo occasions each week shall be conducted by any licensed organization. (E) A bingo occasion shall not continue for more than four consecutive hours. 3-8-7: BINGO ON LEASED PREMISES: Any person, corporation, or eligible organization which leases any premises that it owns to two or more eligible organizations for purposes including the conduct of bingo occasions shall not allow more than four bingo occasions to be conducted on the premises in any week. (A) Any eligible organization which leases any premises to one or more other eligible organizations for purposes including the conduct of bingo occasions shall use the proceeds of the rental less reasonable sums for maintenance, furnishings, and other necessary expenses only for the uses for which bingo profits may be used as set out in Section 3-8-13 of this ordinance. Not less than once each year the lessor organization shall report to the City Council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organizations for purposes including the conduct of bingo occasions. MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 4 (B) No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal to the remainder of the term of the bingo license of the lessee organization. Lease payments shall be at a fixed monthly rate or rate per bingo occasion not subject to change during the term of the lease. No such lease shall provide that rental payments be based on a percentage of receipts or profits from bingo occasions. 3-8-8: PRIZES: Prizes for a single bingo game shall not exceed $100 except prizes for a game of the type commonly known as a "cover-all" game. "Cover-all" prizes may exceed $100 provided that the aggregate value of such prizes for a bingo occasion shall not exceed $500. The aggregate value of prizes for a bingo occasion shall not exceed $2,500 except that in the case of bingo occasion during which a "cover-all" game is played for a maximum prize of more than $100 but less than $500, the aggregate value of prizes for the bingo occasion shall not exceed $3,000. Merchandise prizes shall be valued at fair market retail value. Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted. 3-8-9: RECORDS: Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts of other records. The distribution of profits shall be itemized as to payee, amount, and date of payment. Records required by this ordinance shall be preserved for three years. (A) Gross receipts shall be compared to the checkers' records for the bingo occasion by a person who did not sell cards for the bingo occasion. If a discrepancy exceeding $20 is found between the amount of gross receipts for a bingo occasion as determined by the checkers' records and the amount of gross receipts as determined by totaling the cash receipts, the discrepancy shall be reported to and investigated by the Council. (B) Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be the same person who accounts for other revenues of the licensed organization. 3-8-10: REPORTS: Each licensed organization shall report monthly to its membership its gross receipts from bingo, its profits from bingo, and the distribution of those profits itemized as required by Section 3-8-9. (A) At the time of making its first license application under this ordinance and on an annual basis thereafter, each licensed organization shall file with the Council copies of the following: MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 5 1. The most recently filed Department of the Treasury, Internal Revenue Service, "Return of Organization Exempt from Income Tax," Form 990, or a comparable form if the organization is required to file the form with the Department of the Treasury. 2. The most recently filed Department of the Treasury, Internal Revenue Service, "Exempt Organization Business Income Tax," Form 990-T, or a comparable form if the organization is required to file the form with the Department of the Treasury. 3. The most recently filed annual report required of charitable organizations by M.S. 309.53, provided that an organization that is licensed to conduct bingo but is exempt from submitting this report to the Department of Commerce under Sec. 309.53, Subd. Ia, shall nevertheless submit such a report under this subdivision. 4. The most recently filed Minnesota Department of Commerce "Statement of Bingo Operations." All information contained in the statement shall be true, correct, and complete to the best of the knowledge of the persons signing the statement. 5. Any lease agreements required by this act executed by the organization in regard to premises leased for the conduct of bingo. (B) No person shall knowingly make a false statement in any report required by this section. 3-8-11: INSPECTION AND INVESTIGATION: Any city official or employee having a duty to perform with reference to a bingo license and any police officer may inspect and examine the bingo records of any licensed organization upon 24 hours notice. 3-8-12: USE OF BINGO RECEIPTS: No expense shall be incurred or amounts paid in connection with the conduct of bingo except those reasonably expended for bingo supplies and equipment, prizes, rent, or utilities used during the bingo occasion, bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion. 3-8-13: USE OF BINGO PROFITS: Profits from any bingo occasion shall be expended only as authorized by a resolution recorded in the official minutes at a regular meeting of the licensed organization and only for one or more of the following purposes: (A) Benefitting persons by enhancing their opportunity for religious or education advancement, by relieving or protecting them from disease, MONTICELLO CITY CODE TITLE III / Chapter 8 / Page 6 suffering, or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded. (B) Initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures. (C) Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally render to the people. (D) The improving, expanding, maintaining, or repairing of real property owned or leased by the licensed organization. Profits from bingo occasions shall not be expended for the erection or acquisition of any real property unless the City Council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this section. 3-8-14: EXEMPTIONS: Bingo may be conducted without complying with the requirements of Section 3-8-6, (D) and (E), and Section 3-8-7 if conducted: (A) In connection with the county fair conducted by the county agricultural society or in connection with a civic celebration recognized by resolution of the City Council, provided that bingo shall not be conducted for more than 12 days during any one county fair or recognized civic celebration, or (B) By an organization that conducts fewer than five bingo occasions in any calendar year. 3-8-15: PENALTIES: Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#358, 1/8/01) 3-8-16: EFFECTIVE DATE: This ordinance becomes effective upon its passage and publication according to law. MONTICELLO CITY ORDINANCE TITLE III / Chapter 12 / Page 1 CHAPTER 12 LAWFUL GAMBLING REGULATIONS SECTION: 3-12-1: Adoption of State Law by Reference 3-12-2: City may be More Restrictive than State Law 3-12-3: Purpose 3-12-4: Definitions 3-12-5: Applicability 3-12-6: Gambling Prohibited 3-12-7: Lawful Gambling Permitted 3-12-8: Council Approval 3-12-9: Application and Local Approval of Premises Permits 3-12-10: Local Permits 3-12-11: Revocation and Suspension of Local Permit 3-12-12: License and Permit Display 3-12-13: Notification of Material Changes to Application 3-12-14: Designated Trade Area 3-12-15: Records and Reporting 3-12-16: Hours of Operation 3-12-17: Penalty 3-12-18: Severability 3-12-1: ADOPTION OF STATE LAW BY REFERENCE The provisions of Minn. Stat. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minn. Stat. Chapter 349 are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. 3-12-2: CITY MAY BE MORE RESTRICTIVE THAN STATE LAW The Council is authorized by the provisions of Minn. Stat. § 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minn. Stat. Chapter 349, as it may be amended from time to time. 3-12-3: PURPOSE MONTICELLO CITY ORDINANCE TITLE III / Chapter 12 / Page 2 The purpose of this ordinance is to regulate lawful gambling within the City of Monticello, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. 3-12-4: DEFINITIONS In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: 1. BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. 2. CITY, as used in this ordinance, means the City of Monticello. 3. COUNCIL, as used in this ordinance, means the City Council of the City of Monticello. 4. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. 5. LOCAL PERMIT, as used in this ordinance, means a permit issued by the City. 6. TRADE AREA, as used in this ordinance, means the corporate limits of the City and the boundaries of all townships contiguous to the City. 3-12-5: APPLICABILITY This ordinance shall be construed to regulate all forms of lawful gambling within the city except: A. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, no more than two bingo occasions are held by the organization or at the facility each week, only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. B. Excluded and exempt gambling permits issued on a temporary basis to qualified non-profit organizations and in accordance with State laws and rules. Temporary permit applications requiring City signature shall be presented to City Council for approval within 30 days of receipt of application and prior to returning a signed permit application to the requesting organization. 3-12-6: GAMBLING PROHIBITED MONTICELLO CITY ORDINANCE TITLE III / Chapter 12 / Page 3 No person or organization shall conduct gambling within the City of Monticello unless licensed by the State or City or specifically exempted by state law or this ordinance from the license requirement. 3-12-7: LAWFUL GAMBLING PERMITTED Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended from time to time; Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time; and this ordinance. 3-12-8: COUNCIL APPROVAL Lawful gambling authorized by Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the Council, subject to the provisions of this ordinance and state law. 3-12-9: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS Subd. 1. Any organization seeking to obtain a premises permit from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board. Subd. 2. Upon receipt of an application for issuance of a premises permit, the city clerk shall have the Gambling Manager complete a background check form and submit to the City’s designated person for processing. Subd. 3. The designated person shall perform the background check and submit response to the City Clerk as soon as possible following receipt of the notification to the city. Subd. 4. Organizations applying for a state issued premises permit shall pay the city a $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 5. The applicant shall be notified of the date on which the Council will consider the recommendation. Subd. 6. The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. Subd. 7. The Council may deny an application for issuance of a premises permit for any of the following reasons: (i) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (ii) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, MONTICELLO CITY ORDINANCE TITLE III / Chapter 12 / Page 4 controlled substances, suppression of vice and protection of public safety within the last three (3) years. (iii) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (iv) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. 3-12-10: LOCAL PERMITS Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stat. § 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by Section 5 of this ordinance. Subd. 2. Applications for issuance of a local permit shall be on a form prescribed by the city. Subd. 3. The fee for a local permit shall be $25 or as otherwise set by the City Council in its annual fee ordinance. The fee shall be submitted with the application for a local permit. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 4. Upon receipt of an application for issuance of a local permit, the city clerk shall review the application and may direct the conduct of a background investigation. Subd. 5. The Council may deny an application for issuance of a local permit for any of the following reasons specified in 3-12-9, Subd. 7. 3-12-11: REVOCATION AND SUSPENSION OF LOCAL PERMIT Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity for a hearing have first been given to the permitted person. 3-12-12: LICENSE AND PERMIT DISPLAY All permits issued under state law or this ordinance shall be prominently displayed at the premises where gambling is conducted. 3-12-13: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION An organization holding a state issued premises permit shall notify the city within ten (10) days in writing whenever any material change is made in the information submitted on the application. MONTICELLO CITY ORDINANCE TITLE III / Chapter 12 / Page 5 3-12-14: DESIGNATED TRADE AREA Subd. 1. Each organization licensed to conduct gambling within the city shall expend 75 percent or more of its lawful purpose expenditures on lawful purposes conducted within the city’s trade area. Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city’s jurisdiction. 3-12-15: RECORDS AND REPORTING Subd. 1. Organizations conducting lawful gambling shall file with the Office of the City Clerk one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. Ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Subd. 2. Organizations licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 14. Such report shall be provided in a manner prescribed by the city and shall be submitted annually. 3-12-16: HOURS OF OPERATION Lawful gambling shall not be conducted between 2 a.m. and 8 a.m. on any day of the week and shall be consistent with hours of operation at the business where gambling is being conducted. 3-12-17: PENALTY Any person who violates: any provision of this ordinance; Minn. Stat. §§ 609.75- 609.763, inclusive, as they may be amended from time to time; or Minn. Stat. §§ 349.11-349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. In addition, violations shall be reported to the Board and recommendation shall be made for suspension, revocation, or cancellation of an organization’s license. 3-12-18: SEVERABILITY If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (#543, 1/23/12) CityCouncilAgenda:11/12/2013 1 5D.ConsiderationofapprovingchangestotheCityofMonticello’sPersonnelHandbook andadoptingOrdinance#586amendingCityCodeTitle1,Chapter6-Personnel (JO/TE/CS) A.REFERENCEANDBACKGROUND: CityCouncilisaskedtoconsiderapprovingchangestotheCityofMonticello’s PersonnelHandbookandadoptingOrdinance#586amendingCityCodeTitle1,Chapter 6-Personnel.Sincetherehavebeenveryfewquestionsregardingthehandbooktheitem hasbeenplacedontheconsentagenda. TheCityhasbeenoperatingunderthecurrentpersonnelhandbookforanumberofyears. Sincethattime,thereareanumberoflegalchangesrelatingtoemploymentlawthathave occurred,aswellaspreviouscouncilapprovedpoliciesandprocedureswhicharenot reflectedinthecurrenthandbook.Thechangesyou’reaskedtoapprovewillensurelegal complianceandalsoincorporateadditionsandchangesapprovedbycouncilinrecent yearssuchasovertimecalculation,securitycameras,cellphones,etc.Staffhasalso enhancedthecurrenthandbookbyincludinganumberofnewpoliciesandupdatesto currentpoliciestoaddressnewerworkplaceissuessuchassocialnetworking,press releases,lossoflicense,internetusage,etc.Thoseitemswerehighlightedonthedraft copyyoureceivedpriortothemeeting. Therecommendedpoliciesandprocedureshavebeenreviewedbyanumberofpeople bothinsideandoutsideoftheorganizationincludingaconsultant,attorneys,department heads,andthemembersofthePersonnelCommittee.Itisrecommendedthatwithits approval,CouncilalsoadoptchangestoOrdinance#586referringemploymentrelated policiesandprocedurestothehandbookoutsideoftheordinance.Thisisrecommended sothatinthefutureanychangescanbeapprovedandupdatedinthehandbookwithout needingtochangetheactualordinance.Thesechangestocitycodehavebeenreviewed andarerecommendedbyCityAttorneyJoelJamnik. A1.BudgetImpact:Thisisabudgeteditemwithaminimalassociatedcostfor employeecopies.Minimalcostsassociatedwithpublicationoftheordinance amendment. A2.StaffWorkloadImpact:TheHumanResourcesManagerwillberesponsiblefor communicatingthechangestoemployeesandobtainingconfirmationofreceipts. Thisisashort-termincreaseinworkload. B.ALTERNATIVEACTIONS: 1.MotiontoapprovechangestotheCityofMonticello’sPersonnelHandbookand adoptOrdinance#586amendingCityCodeTitle1,Chapter6-Personnel CityCouncilAgenda:11/12/2013 2 2.MotionmodifyandapproveproposedCityofMonticello’sPersonnelHandbook withCouncil-specifiedchangesasnotedandadoptOrdinance#586amending CityCodeTitle,1Chapter6-Personnel. Underthisalternative,thedocumentwouldbemodifiedasaresultoffullCouncil inputanddiscussion.Unlesschangesareveryminor,itissuggestedthatCouncil considertablingthemattertoallowforfurtherstudyandreviewofsignificant changesthatmightariseoutofdiscussion. 3.MotiontotableitemandcontinuetoNovember25,2013councilmeeting. C.STAFFRECOMMENDATION: CitystaffalongwiththePersonnelCommitteerecommendsAlternative#1.Ifcouncil wouldliketomakeanychangesotherthanminorchangesinwordingorgrammar,staff recommendsAlternative#3sothatthechangescanbereviewedbylegalcouncilpriorto adoption. D.SUPPORTINGDATA: A.Ordinance#586 B.PersonnelPoliciesandProceduresManual C.CopyofproposedCityCodeTitle1,Chapter6-Personnel D.CopyofexistingCityCodeTitle1,Chapter6–Personnel ORDINANCENO.586 CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA ANORDINANCEAMENDINGTHEMONTICELLOCITYCODE, TITLE1,CHAPTER6-PERSONNEL ITISHEREBYORDAINEDBY theCityCounciloftheCityofMonticello,Minnesota: Section1.Title1,Chapter6-Personnel,shallbeamendedasfollows: SECTION: 1-6-1:Purpose 1-6-2:Definitions AdoptionofCityofMonticelloPersonnelHandbook byReference 1-6-3:Positions 1-6-4:FairEmploymentPractices CityAdministrator 1-6-5:RequirementsforOriginalEmployment OutsideEmployment 1-6-6:Recruitment;QualificationExaminations 1-6-7:Certification 1-6-8:AppointmentProcedure 1-6-9:PromotionsfromWithintheService 1-6-10:ProbationaryPeriod 1-6-11:ProvisionalAppointments 1-6-12:CompensationPlan 1-6-13:WorkWeekandWorkDays 1-6-14:FullTimeService 1-6-15:TemporaryEmploymentBenefits 1-6-16:OvertimePayment 1-6-17:VacationLeave 1-6-18:SickLeave 1-6-19:AccruedDuringLeave 1-6-20:MilitaryLeave 1-6-21:LeaveofAbsenceWithoutPay 1-6-22:LegalHolidays 1-6-23:Resignations 1-6-24:GrievancePolicy 1-6-25:Lay-Offs 1-6-26:Suspension 1-6-27:Demotions 1-6-28:Dismissal 1-6-29:RighttoAppeal 1-6-30:Prohibitions 1-6-31:Solicitations 1-6-32:Clerk-Treasurer/Administrator ORDINANCENO.586 1-6-33:OutsideEmployment Section2.Title1,Chapter6-Personnel,shallbefurtheramendedasfollows: Existingsections1-6-1through1-33-1shallbedeletedintheirentirety. Section3.Title1,Chapter6–Personnel,shallbeamendedbyaddingthefollowingsections: 1-6-1:PURPOSE:Itshallbethepurposeoftheserulesandregulationsto establishauniformandequitablesystemofmunicipalpersonnel administrationforallemployeesoftheCity. 1-6-2:ADOPTIONOFCITYOFMONTICELLOPERSONNELHANDBOOK BYREFERENCE:TheCityofMonticelloPersonnelHandbookas adoptedbytheMonticelloCityCouncil,andamendedasneeded,shall serveasthesystemofmunicipalpersonneladministrationfortheCity. 1-6-3:POSITIONS:AllofficesandpositionsintheCitynowexistingor hereaftercreatedbytheCouncil,unlessspecificallyexempt,shallbe subjecttotheprovisionsoftheserulesandregulations,exceptthat: (A)Thefollowingofficesandpositionsinthemunicipalemployshall beexemptfromtheprovisionsoftheserulesandregulations: 1.Electedofficials 2.MembersofBoardsandCommissions 3.Appointedofficialsasfollows:Administrator,Attorney, Physician,andHealthOfficer 1-6-4:CITYADMINISTRATOR:ThedutiesoftheClerkandCity AdministratorshallbecombinedintheofficeofCityAdministrator.In additiontothedutiesprescribedforClerkinChapter412ofthe MinnesotaStatutes,thedutiesofAdministratorshallbeasprescribedby theCityCouncilandinaccordancewithMinnesotastatestatutes. 1-6-5:OUTSIDEEMPLOYMENT:Anyemployeeholdingoneofthepositions listedbelowshallnotperformthesameorsubstantiallysimilardutiesfor anotherlocalunitofgovernmentoneitherafull-timeorongoing part-timebasis,eitherdirectlyasanemployeeorindependentcontractor orindirectlythroughacorporationorotherentity.Thepositions coveredbythissubsectionare:CityAdministrator,DeputyCity Administrator,CommunityDevelopmentDirector,Economic DevelopmentDirector,PublicWorksDirector,ChiefBuildingOfficial, ORDINANCENO.586 andCityEngineer. Section4.TheCityClerkisherebydirectedtomakethechangesrequiredbythisOrdinance aspartoftheOfficialMonticelloCityCode,andtorenumberthechapters accordinglyasnecessarytoprovidetheintendedeffectofthisOrdinance.The CityClerkisfurtherdirectedtomakenecessarycorrectionstoanyinternalcitations thatresultfromsaidrenumberingprocess,providedthatsuchchangesretainthe purposeandintentoftheMonticelloCityCodeashasbeenadopted. Section5.ThisOrdinanceshalltakeeffectandbeinfullforcefromandafteritspassage andpublication.TheordinanceinitsentiretyshallbepostedontheCitywebsite afterpublication.CopiesofthecompleteCityCodeareavailableonlineandat MonticelloCityHallforexaminationuponrequest. ADOPTEDBY theMonticelloCityCouncilthis12th dayofNovember,2013. CITYOFMONTICELLO _______________________________ ClintHerbst,Mayor ATTEST: ________________________________ JeffO’Neill,CityAdministrator VOTINGINFAVOR: VOTINGINOPPOSITION: MONTICELLOCITYCODETITLEI/Chapter6/Page1 CHAPTER6 PERSONNEL SECTION: 1-6-1:Purpose 1-6-2:AdoptionofCityofMonticelloPersonnelHandbookbyReference 1-6-3:Positions 1-6-4:CityAdministrator 1-6-5:OutsideEmployment 1-6-1:PURPOSE:Itshallbethepurposeoftheserulesandregulationstoestablisha uniformandequitablesystemofmunicipalpersonneladministrationforall employeesoftheCity. 1-6-2:ADOPTIONOFCITYOFMONTICELLOPERSONNELHANDBOOKBY REFERENCE:TheCityofMonticelloPersonnelHandbookasadoptedbythe MonticelloCityCouncil,andamendedasneeded,shallserveasthesystemof municipalpersonneladministrationfortheCity. 1-6-3:POSITIONS:AllofficesandpositionsintheCitynowexistingorhereafter createdbytheCouncil,unlessspecificallyexempt,shallbesubjecttothe provisionsoftheserulesandregulations,exceptthat: (A)Thefollowingofficesandpositionsinthemunicipalemployshallbe exemptfromtheprovisionsoftheserulesandregulations: 1.Electedofficials 2.MembersofBoardsandCommissions 3.Appointedofficialsasfollows:Administrator,Attorney, Physician,andHealthOfficer 1-6-4:CITYADMINISTRATOR:ThedutiesoftheClerkandCityAdministratorshall becombinedintheofficeofCityAdministrator.Inadditiontotheduties prescribedforClerkinChapter412oftheMinnesotaStatutes,thedutiesof AdministratorshallbeasprescribedbytheCityCouncilandinaccordancewith Minnesotastatestatutes. 1-6-5:OUTSIDEEMPLOYMENT:Anyemployeeholdingoneofthepositionslisted belowshallnotperformthesameorsubstantiallysimilardutiesforanotherlocal unitofgovernmentoneitherafull-timeorongoingpart-timebasis,eitherdirectly MONTICELLOCITYCODETITLEI/Chapter6/Page2 asanemployeeorindependentcontractororindirectlythroughacorporationor otherentity.Thepositionscoveredbythissubsectionare:CityAdministrator, DeputyCityAdministrator,CommunityDevelopmentDirector,Economic DevelopmentDirector,PublicWorksDirector,ChiefBuildingOfficial,andCity Engineer.(#430,9/26/05) (#72,1/30/80)(#586,11/12/13) MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 1 CHAPTER 6 PERSONNEL SECTION: 1-6-1: Purpose 1-6-2: Definitions 1-6-3: Positions 1-6-4: Fair Employment Practices 1-6-5: Requirements for Original Employment 1-6-6: Recruitment; Qualification Examinations 1-6-7: Certification 1-6-8: Appointment Procedure 1-6-9: Promotions from Within the Service 1-6-10: Probationary Period 1-6-11: Provisional Appointments 1-6-12: Compensation Plan 1-6-13: Work Week and Work Days 1-6-14: Full Time Service 1-6-15: Temporary Employment Benefits 1-6-16: Overtime Payment 1-6-17: Vacation Leave 1-6-18: Sick Leave 1-6-19: Accrued During Leave 1-6-20: Military Leave 1-6-21: Leave of Absence Without Pay 1-6-22: Legal Holidays 1-6-23: Resignations 1-6-24: Grievance Policy 1-6-25: Lay-Offs 1-6-26: Suspension 1-6-27: Demotions 1-6-28: Dismissal 1-6-29: Right to Appeal 1-6-30: Prohibitions 1-6-31: Solicitations 1-6-32: Clerk-Treasurer/Administrator 1-6-33: Outside Employment 1-6-1: PURPOSE: It shall be the purpose of those rules and regulations to establish a uniform and equitable system of municipal personnel administration for all employees of the City. 1-6-2: DEFINITIONS: APPLICANT: The word "applicant" shall mean a person who has filed application for MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 2 employment. APPOINTING POWER: The term "appointing power" shall mean the City Council. TEMPORARY APPOINTMENT: The term "temporary appointment" shall mean an appointment to a temporary position as provided by these rules. PROBATIONARY APPOINTMENT: The term "probationary appointment" shall mean an appointment to a permanent position made from an eligible list and shall be effective after completion of the probationary period. CALENDAR YEAR: The term "calendar year" shall mean a twelve (12) month period beginning January 1 and ending December 31. EXAMINATION: The word "examination" shall mean a testing of candidates to determine their relative fitness for a position. POSITION: The word "position" shall mean a specific employment calling for the performance of certain duties and carrying of certain responsibilities of one individual. PUBLIC NOTICE: The term "public notice" shall mean giving notice either by posting or publication or both as hereinafter set out. 1-6-3: POSITIONS: All offices and positions in the City now existing or hereafter created by the Council, unless specifically exempt, shall be subject to the provisions of these rules and regulations, except that: (A) The following offices and positions in the municipal employ shall be exempt from the provisions of these rules and regulations: 1. Elected officials 2. Members of Boards and Commissions 3. Appointed officials as follows: Administrator, Attorney, Physician, and Health Officer 1-6-4: FAIR EMPLOYMENT PRACTICES: (A) DISCRIMINATION: No discrimination shall be exercised in any manner by any City officer or employee against or in favor of any applicant, eligible, or employee of the City because of race, creed, color, national origin, or sex. An applicant, eligible, or employee shall be considered solely on the basis of his qualifications as required by the position he seeks or holds relative to experience, training, personal and physical fitness, skills, and knowledge. (B) POLITICAL CONTRIBUTIONS: No officer or employee in the service of the City shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 3 political purpose from any person holding a position with the City. (C) PARTICIPATION IN POLITICS: No person holding a position in the City shall take any part or be required to take any part in political campaigns other than to cast his vote in any election and to express privately his views and opinions as a citizen. 1-6-5: REQUIREMENTS FOR ORIGINAL EMPLOYMENT: (A) Applicants for City employment must be full citizens of the United States before eligibility for employment is complete. Naturalized United States citizens must have final citizenship papers completed before they are eligible for City employment. (B) RESIDENCE: There shall be no residence requirement for any position with the City. City residents, however, will be given preference in all cases where sufficient applicants can be obtained from city residents and also in cases where a resident has equal qualifications with a nonresident. (C) AGE: Applicants, to be eligible for original employment, shall be required to meet the age specifications as fixed and described in the examination announcement. Applicants shall file with their application sufficient information to accurately establish date of birth. (D) VETERANS' PREFERENCE: Veterans' preference shall be granted to those persons entitled to same in accordance with the state law. Proof of military service shall be supplied by the veteran. (E) PHYSICAL AND MENTAL FITNESS: All applicants for City employment shall have sound physical and mental health. Physical impairments, not of a chronic or infectious nature, shall be favorably considered if the physical irregularities are of such kind that the applicant can reasonably be expected to meet adequately the performance requirements of the position they seek. The physical qualifications of persons entering the employment of the City shall be evaluated by a licensed physician approved by the Council. Cost of the examination will be paid for by the City. (F) QUALIFICATION REQUIREMENTS: All applicants for City employment shall file applications on blanks provided by the City. The applicants shall include complete information relating to experience, training, citizenship, residence, age, and other necessary qualifications for the position applied for. Documentary evidence of education and training may be required. The Council may for any particular position require special experience and training in terms of years and specific qualifications as to weight and height. MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 4 (G) RELATIONSHIP TO OTHER CITY PERSONNEL: Whenever possible and with due regard for merit and fitness, the appointing authority shall avoid the appointment of any person when such person is related to any elected or appointed officer or employee of the City. 1-6-6: RECRUITMENT; QUALIFICATION EXAMINATIONS: (A) NOTICE OF RECRUITMENT SCHEDULES: The appointing authority shall have a recruiting notice prepared to publicize each endeavor to secure applicants for City employment. Notice shall be given at least ten (10) days in advance of the closing date for filing applications by posting announcement in the City Hall and by at least one publication of notice in one newspaper. (B) CONTENTS OF RECRUITMENT NOTICE: The recruitment notice shall contain statements regarding the following items: Position for which applications are solicited, pay range, work week, duties, responsibilities, and qualification requirements of the position, age, sex, residence requirements, veterans' preference, and the period during which applications are to be filed. (C) RECRUITING SCHEDULES: Recruiting of applicants for positions of employment shall take place when directed by the Council. (D) APPLICATIONS FOR EMPLOYMENT: Applications, when submitted, shall become the property of the City and shall not be returned. (E) DISQUALIFICATION OF APPLICANTS: The Council reserves the right to reject any application and their decision shall be final. (F) SCOPE AND CHARACTER OF QUALIFICATION EXAMINATIONS: Examination of applicants shall consist of any testing device that will establish and confirm the qualifications of applicants if required by appointing authority. (G) SUSPENSION OF COMPETITION: In case of a vacancy in a position requiring particular and exceptional qualifications, the Council may suspend competition. 1-6-7: CERTIFICATION: Whenever a vacancy in a position is to be filled other than by promotion, demotion, transfer, or provisional appointment, the appointing authority shall consider the names of three (3) persons for the position in which the vacancy occurred. If less than three (3) persons are available for consideration, those available shall be considered, but the appointing authority shall be entitled to a list of three (3) persons for consideration if they so desire. 1-6-8: APPOINTMENT PROCEDURE: All appointments in the municipal service shall be made according to merit and fitness. (A) BY EXAMINATION: As required by these rules and regulations, merit and MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 5 fitness may be ascertained by written, oral, or other examinations and shall relate to those matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which such examinations are held. (B) WITHOUT EXAMINATION: In case of appointments to positions for which examinations are waived, the appointing authority may appoint any person who appears to meet the requirements listed for the position listed. 1-6-9: PROMOTIONS FROM WITHIN THE SERVICE: It shall be the policy to fill vacancies in the municipal service by promotion of permanent employees insofar as practical, to post notice of intent to fill such vacancies for five (5) working days, and in case of equal qualifications, to give consideration to length of service. 1-6-10: PROBATIONARY PERIOD: (A) PURPOSE: The probationary period shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to this position, and for rejecting any employee whose performance does not meet the required standards. (B) DURATION: All appointments shall be probationary and subject to a probationary period of three (3) months service after appointment. At any time during the probationary period, any employee may be transferred or dismissed if his performance does not meet the required standards. (C) EXTENSION OF PROBATIONARY PERIOD: Any employee's probationary period may be extended for additional six (6) month periods if the Council is requested in writing by his Supervisor for an extension. (D) APPLIES TO PROMOTIONS: All promotions shall be subject to a probationary period of three (3) months. If the employee who has been promoted is found unsuited for the work of the position to which promoted, he may be reinstated to the position and rate of pay or other position from which he was promoted. (E) AFFECTS LEAVE BENEFITS: During the initial probationary period but not during a promotional period, an employee will not be entitled to sick leave or vacation leave. After the probationary period, an employee will be entitled to sick leave and vacation leave to be accrued from the start of employment. (F) HOW COMPLETED: An employee who has completed his probationary service and has not received a written notice from the appointing authority that his services are terminated shall be considered to have successfully completed the probationary period and shall automatically receive status as a permanent employee. MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 6 (G) SEVERANCE BENEFITS: No severance benefits will be allowed for less than six (6) months service. 1-6-11: PROVISIONAL APPOINTMENTS: (A) WHEN MADE: If necessary to prevent the stoppage of public business or inconvenience to the public, but not otherwise, the appointing authority, with approval of the Council, may make a provisional appointment to a position for which examinations are ordinarily given and for which appropriate employment lists are not then available. In no case shall any provisional appointment remain in force longer than ninety (90) days. (B) TERMINATION: A provisional appointment shall terminate: 1. By action of the appointing authority; or 2. By expiration of the period during which any such appointment is limited by these rules and regulations. (C) BENEFITS: No benefits shall be given for service rendered under a provisional appointment unless said provisional appointee shall, at the time of the provisional appointment, be a permanent employee in another capacity. 1-6-12: COMPENSATION PLAN: There shall be established a compensation plan for all positions subject to these rules and regulations. (A) INDIVIDUAL PAY RATES: Every full-time employee shall be considered annually for an increase in compensation within the pay range of the position in which he is employed or more frequently as deemed necessary by the Council. (B) TOTAL REMUNERATION: Any salary range established for a position shall represent the total remuneration for full-time employment in the position but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. 1-6-13: WORK WEEK AND WORK DAYS: The regular work week shall be forty (40) hours. 1-6-14: FULL TIME SERVICE: By full time service is meant work for that number of hours which make up the regularly scheduled weekly or monthly period of service exclusive of leave with pay. 1-6-15: TEMPORARY EMPLOYMENT BENEFITS: Persons whose employment is temporary shall not be entitled to sick leave and vacation leave. 1-6-16: OVERTIME PAYMENT: Authorized overtime work performed by persons other than MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 7 the Administrator, department heads, and supervisors shall be compensated at one and one-half (1 1/2) times the regular rate of pay. 1-6-17: VACATION LEAVE: (A) Each permanent employee with zero (0) to one (1) year of service shall earn vacation leave at the rate of 5/12 of a working day for each calendar month of full-time service. Each permanent employee with two (2) to five (5) years of service shall earn vacation leave at the rate of 10/12 of a day for each calendar month of full-time service. Each permanent employee with six (6) years or more of service shall earn vacation leave at the rate of one and one-fourth (1-1/4) days for each calendar month of full-time service. Each permanent employee with fifteen (15) years or more of service shall earn vacation leave at the rate of one and two-thirds (1-2/3) days for each calendar month of full-time service. For this purpose, one calendar month shall be any month in which an employee is paid for twelve (12) or more working days. (B) As vacation leave is granted to employees for a period of recreation, it should be used by the completion of each calendar year following the calendar year in which is earned. However, it may be used as earned provided that in all cases the Administrator will approve. (C) Except as approved by the City Administrator, employees will not be allowed to accumulate in excess of twenty (20) working days vacation leave. (D) Any permanent employee leaving any municipal service in good standing, after giving proper notice of such termination of employment, shall be compensated for vacation leave accrued and unused to the date of separation. However, no vacation is deemed to be earned until after one year of service has been completed. (E) No employee shall be permitted to waive vacation leave for the purpose of receiving double pay. 1-6-18: SICK LEAVE (A) ELIGIBILITY: Sick leave with pay shall be granted to all probationary and permanent employees at the rate of one working day for each calendar month of full-time service. For this purpose, one calendar month shall be any month in which an employee is paid for twelve (12) or more working days, provided that such sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) probationary period. (B) ACCRUAL: Sick leave may be accumulated as earned up to a total of thirty (30) working days. MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 8 Sick leave may be granted only for absence from duty because of personal illness or legal quarantine. In the event of death or serious illness in the immediate family, a maximum of three (3) days sick leave shall be allowed. Workman's compensation benefits shall be credited against the compensation due an employee using sick leave benefits. (C) PROOF REQUIRED: In order to be eligible for sick leave with pay, an employee must: 1. Report within one-half (1/2) hour of the beginning of his work day to his department head the reason for his absence. 2. Keep his department head informed of his condition if the absence is more than three (3) days duration. 3. Submit a medical certificate for any absence if required by the department head or Administrator. (D) PENALTY: Claiming sick leave when physically fit except as permitted in this section may be cause for disciplinary action, including transfer, suspension, demotion, or dismissal. (E) IMMEDIATE FAMILY: Immediate family shall mean mother, father, husband, wife, son, daughter, brother, or sister of the employee. 1-6-19: ACCRUED DURING LEAVE: Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating vacation or sick leave. 1-6-20: MILITARY LEAVE: All municipal employees who: Are members of the Officers' Reserve Corps of the United States of America or of the Enlisted Reserve: Shall be subject to call or induction into federal service by the President of the United States, or when ordered by proper authority to active noncivilian duty shall be entitled to a leave of absence for the period of such active service, without loss of status, and if such employee shall have been in the service of the municipality for at least six (6) months immediately preceding call to service, he shall receive the difference between his regular municipal pay and the lessor military pay for a period of fifteen (15) days of such military leave in the case of Reserves or National Guard personnel and full pay for fifteen (15) days in the case of active military duty of prolonged duration. MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 9 1-6-21: LEAVE OF ABSENCE WITHOUT PAY: (A) Upon request of an employee, leave of absence without pay may be granted by the Administrator taking into consideration good conduct, length of service, and efficiency of the employee and the general good of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days, provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons but in no case to exceed one year, except when the employee is detailed for military service or is disabled from disability incurred while in the service of the City. No vacation or sick leave benefits shall accrue during a period of leave or absence without pay. (B) In the case of jury duty or subpoena for witness in court, an employee shall receive an amount of compensation which will equal the difference between the employee's regular pay and compensation paid for jury duty or witness fee. (C) Leave without pay shall require the advance approval of the department head and the appointing authority. 1-6-22: LEGAL HOLIDAYS: Except as otherwise provided in this section, the following legal holidays will be observed as paid holidays for all City employees: New Year's Day, January 1; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, the fourth Monday in October; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided when New Year's Day, January 1, or Independence Day, July 4, or Christmas Day, December 25, falls on Sunday, the following day shall be a holiday, and provided, when New Year's Day, January 1, or Independence Day, July 4, or Christmas Day, December 25, falls on Saturday, the preceding day shall be a holiday. All employees who are required to be on duty on any holiday or who agree to be on duty on any holiday shall either be given the following day as a holiday or given an additional day of vacation leave at the discretion of the appointing authority. All employees who choose to be off duty for any holiday and are called out for duty will be compensated at one and one-half (1-1/2) times their regular rate of pay. 1-6-23: RESIGNATIONS: Any employee wishing to leave the municipal service in good standing shall file with his department head, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with the particular procedure may be cause for denying such employee future employment by the municipality and denying terminal leave benefits. Unauthorized absence from work for a period of three (3) working days may be considered by the department head as a resignation without benefits. No employee who has resigned will be considered for re-employment without an examination if a period of more than one year has elapsed after the effective date of his resignation. MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 10 1-6-24: GRIEVANCE POLICY: It is the policy of the City insofar as possible to prevent occurrence of grievances and to deal promptly with those which occur. When any grievance comes or is directed to the attention of any supervisory employee of the City, the supervisor shall promptly discuss all relevant circumstances with the employee and consider and examine the causes of the grievance and attempt to resolve it to the extent that he possesses authority. Failing at that level, the grievance may be carried up to the Administrator, and he in turn may have the grievance considered by the Council. 1-6-25: LAY-OFFS: The appointing authority may lay off any employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in organization provided, however, that two (2) weeks advance written notice shall be given to the employee and the Council. However, no permanent employee shall be laid off while there are temporary, provisional, or probationary employees servicing in the same class of positions for which the permanent employee is qualified, eligible, and available. 1-6-26: SUSPENSION: The appointing authority may suspend an employee without pay for disciplinary reasons. Such suspension shall not exceed thirty (30) days in any one calendar year. 1-6-27: DEMOTIONS: An employee may be demoted by the appointing authority for inefficient performance of his duties, for disciplinary reasons, or for other good and sufficient reasons. 1-6-28: DISMISSAL: Any employee subject to the provisions of these rules and regulations may be dismissed from the municipal service by the appointing authority. Evidence of the following shall be sufficient cause for dismissal: (A) Incompetence or inefficiency in the performance of his duties. (B) Conviction of a criminal offense or a misdemeanor involving moral turpitude. (C) Violation of any lawful or official regulation or order or failure to obey any lawful direction made and given by his superior officer when such violation or failure to obey amounts to an act of insubordination or a breach or proper discipline or has resulted or reasonably might be expected to result in loss or injury to the municipality or to the public. (D) Intoxication on duty. (E) Physical or mental defect which in the judgment of the appointing authority incapacitates the employee for the proper performance of the duties of his position. An examination by a licensed medical doctor may be required. (F) Wanton use of offensive conduct or language toward the public or municipal officers or employees. (G) Failure to pay or make reasonable provisions for future payment or just debts due by him MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 11 causing thereby annoyance to officers and employees of the municipality. (H) Carelessness and negligence in the handling and control of municipal property. (I) Taking any fee, gift, or other valuable thing in the course of his work or in connection with it from any citizen for his personal use when such gift, fee, or other thing is given in the hope of expectation of receiving a favor or better treatment than that accorded other citizens. (J) Inducing or attempting to induce an officer or employee of the municipality to commit an unlawful act or to act in violation of any lawful and reasonable official regulation or order. (K) Conduct in private life which discredit upon the municipal service. (L) Proven dishonesty in the performance of his duties. (M) Use of City time and/or equipment in outside employment or for his own benefit. (N) Violations of the provisions of these rules and regulations. 1-6-29: RIGHT TO APPEAL: In all cases of suspension, demotion, and dismissal, the reasons for such action must be presented in a dated, written statement to the employee affected. Should the employee desire a hearing before the Council, he must file a dated, written request with the Administrator not later than five (5) days after receipt of notice of suspension, demotion, or dismissal. Such request will be granted not later than ten (10) days after receipt of the written request from the employee. 1-6-30: PROHIBITIONS: No person shall willfully or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the municipal personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of these regulations. No person seeking employment to or a promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person for or in connection with his test, proposed appointment, or proposed promotion. 1-6-31: SOLICITATIONS: Unless authorized by the City Administrator, all solicitations among City employees during working hours for charitable or any other purpose or purposes, and all selling of tickets, magazines, merchandise, or services of any kind are hereby prohibited. This restriction applies to all solicitations, selling or peddling of every nature, whether by City employees or others not in the employ of the City. The addresses and telephone numbers of City employees shall be withheld from all persons, businesses, or organizations. 1-6-32: CLERK-TREASURER: The Offices of Clerk and Treasurer are hereby combined in the office MONTICELLO CITY CODE TITLE I/CHAPTER 6/PAGE 12 of Clerk-Treasurer as provided by Minnesota Statutes 412.591, Subdivision 2. Duties of the Clerk-Treasurer shall be as prescribed in Chapter 412 of the Minnesota State Statutes. ADMINISTRATOR: The duties of the Clerk-Treasurer and Administrator shall be combined in the office of Administrator. In addition to the duties prescribed in Minnesota Statutes, Chapter 412, for Clerk and Treasurer, the duties of Administrator shall be as prescribed by the City Council and in accordance with Minnesota State Statutes. (#72, 1/30/80) 1-6-33: OUTSIDE EMPLOYMENT: Any employee holding one of the positions listed below shall not perform the same or substantially similar duties for another local unit of government on either a full-time or ongoing part-time basis, either directly as an employee or independent contractor or indirectly through a corporation or other entity. The positions covered by this subsection are: City Administrator, Deputy City Administrator, Community Development Director, Economic Development Director, Public Works Director, Chief building Official and City Engineer. (#430, 9/26/05) CityCouncilAgenda:11/12/13 1 5E.Considerationofapprovingrenewalofapawnbrokerlicensefor2014forMichael HelmdbaMonticelloPawn,GunandBargainCenterat1219SouthHighway25 (CS) A.REFERENCEANDBACKGROUND: InNovemberof2007,theCityfirstapprovedapawnbrokerlicenseforMichaelHelm doingbusinessasMonticelloPawn,GunandBargainCenter.AtthattimetheCityalso approvedanoff-sitestoragefacilityat12081-165th StreetinBecker.Theannuallicense hasbeenrenewedinsubsequentyears,andCouncilisaskedtoapproverenewalofthe licensefor2014.Theapplicationformfor2014hasbeencompletedbyMikeHelmand hehaspaidthe$25renewalfee. ThecitycoderequiresverificationfromtheWrightCountySheriff’sDepartmentforany issuesrelatedtotheoperationofthebusinessthatmightimpacttherenewalofthe license.StaffcontactedCaptainDanAnselmenttogetapreliminaryverificationof compliancewiththelawanddeterminewhetherthereareanyissuesofconcern.The replywaspositiveandacopyisincludedwiththesupportingdata.Staffissendingthe completedapplicationtotheSheriff’sDepartmentforsignature. TheCitywillbeprovidingtheMonticelloPawnShopwithaphysicallicenseafterthe renewalisapprovedandconditionsaremet.Thelicenseshouldbedisplayedattheshop inavisiblelocationasisrecommendedunderstatelaw. A1.BudgetImpact:None A2.StaffWorkloadImpact:Minimalimpactwithpreparationoftheapplicationand license. B.ALTERNATIVEACTIONS: 1.Motiontoapprovetherenewalofanannual2014pawnbrokerlicensefor MichaelHelmdbaasMonticelloPawn,GunandBargainCenterlocatedat1219 TH25,contingentonreceivingthesignedapplicationfromtheSheriff’s Departmentwithnoadversefindings. 2.Motiontonotrenewthe2014pawnbrokerlicenseforMonticelloPawn,Gunand BargainCenteratthistime. C.STAFFRECOMMENDATION: StaffrecommendsAlternative#1toapprovetherenewalofthelicenseforMikeHelmof MonticelloPawn,GunandBargainCenterat1219TH25fortheyear2014. CityCouncilAgenda:11/12/13 2 D.SUPPORTINGDATA: A.CopyofPawnBrokerApplication/License–MikeHelm B.CopyofemailfromSheriff’sDepartment C.CityCodeTitleIII,Chapter15-PawnShops MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 1 CHAPTER 15 PAWN SHOPS SECTION: 3-15-1 Purpose 3-15-2 Definitions 3-15-3 License Required 3-15-4 Application Required 3-15-5 License Fees 3-15-6 Bond Required 3-15-7 Persons Ineligible for License 3-15-8 Records Required 3-15-9 Application Execution 3-15-10 Daily Reports to Police 3-15-11 Receipt Required 3-15-12 Redemption Period 3-15-13 Holding Period 3-15-14 Police Order to Hold Property 3-15-15 Inspection of Items 3-15-16 Label Required 3-15-17 Prohibited Acts 3-15-18 Denial, Suspension or Revocation 3-15-19 Business at Only One Place 3-15-20 Separability 3-15-1: PURPOSE. The city council finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easil y and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The city council further finds that the pawn industry has outgrown the city's current ability to effectively or efficiently identify criminal activity related to pawn shops. The purpose of this chapter is to prevent pawn businesses from being used as facilities for the commission of crimes, and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. To help local law enforcement better regulate current and future pawn businesses, decrease and stabilize costs associated with the regulation of the pawn industry, and increase identification of criminal activities in the pawn industry through the timely collection and sharing of pawn transaction information, this chapter also implements and establishes the required use of the Automated Pawn System (APS). 3-15-2: DEFINITIONS. When used in this article, the following words shall mean: MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 2 Pawnbroker. A person, partnership or corporation, who lends money on the securit y of pledged goods (items that are “left in pawn”), and/or purchases goods on the condition that they may be redeemed or repurchased by the seller for a fixed price, within a fixed period of time. To the extent that a pawnbroker' s business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable. (#542, 1/9/12) Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software, is reportable except: (1) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. (2) Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. Billable transaction. Every reportable transaction conducted by a pawnbroker except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. 3-15-3: LICENSE REQUIRED. No person shall engage in the business of pawnbroker at any location without a pawnbroker license for that location. No pawnbroker license may be transferred to a different location or a different person. Issuance of a license under this chapter shall not relieve the licensee from obtaining any other licenses required to conduct business at the same or any other location. 3-15-4: APPLICATION REQUIRED. An application form provided by the city clerk must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide all the following information: (1) If the applicant is a sole proprietor: a. The name, place and date of birth, street resident address, and phone number of applicant. b. Whether the applicant is a citizen of the United States or resident alien. MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 3 c. Whether the applicant has ever used or has been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used. d. The name of the business if it is to be conducted under a designation, name, or st yle other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. e. The street address at which the applicant has lived during the preceding five (5) years. f. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place, and offense of all such convictions. h. If the applicant does not manage the business, the name of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in a. through g. of Subdivision (1) of this section. (2) If the applicant is a partnership: a. The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subdivision (1) of this section. b. The name(s) of the managing partner(s) and the interest of each partner in the licensed business. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate must be attached to the application. (3) If the applicant is a corporation or other organization: a. The name of the corporation or business form, and if incorporated, the State of Incorporation. MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 4 b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement, and By-laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, must be attached. c. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent required in a. through g. of Subdivision (1) of this section. (4) For all applicants: a. Whether the applicant holds a current pawnbroker, precious metal dealer or secondhand goods dealer license from any other governmental unit. b. Whether the applicant has previously been denied, or had revoked or suspended, a pawnbroker precious metal dealer, or secondhand dealer license from any other governmental unit. c. The location of the business premises. d. Such other information as the city council or issuing authority may require. 3-15-5: APPLICATION EXECUTION. All applications for a license under this chapter must be signed and sworn to under oath or affirmation by the applicant. If the application is that of a sole proprietor, it must be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 3-15-6: PERSONS INELIGIBLE FOR A LICENSE. No license under this chapter will be issued to an applicant who is a sole proprietor, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if the applicant: (1) Is a minor at the time that the application is filed; (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 5 Minnesota Statutes, Section 364.03, Subd. 3; or (3) Is not of good moral character or repute. 3-15-7: LICENSE FEES. (A) The annual license fees for licenses issued under this chapter shall be as adopted by the City Council. (#357, 11/27/00) (B) The billable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as determined by the city council, and shall be reviewed and adjusted, periodically. Licensees shall be notified in writing thirty (30) days before any adjustment is implemented. (#542, 1/9/12) (C) Billable transaction fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation of this chapter. 3-15-8: BOND REQUIRED. Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00) bond on the forms provided by the licensing authority. All bonds must be conditioned that the principal will observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be canceled except upon thirty (30) days written notice to the city, which shall be served upon the licensing authority. 3-15-9: RECORDS REQUIRED. At the time of any reportable transaction other than renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by local law enforcement. 1. A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. 2. The purchase price, amount of money loaned upon, or pledged therefore. 3. The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. 4. Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 6 5. Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes and color of hair. 6. The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo identification card issued by another state or province of Canada. 7. The signature of the person identified in the transaction. 8. Effective sixty (60) days from the date of notification by local law enforcement of acceptable video standards the licensee must also take a color photograph or color video recording of: a. Each customer involved in a billable transaction. b. Every item pawned or sold that does not have an unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police or the chief's designee, upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readil y matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person orally that he or she is being videotaped and by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three (3) months. MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 7 9. Digitized photographs. Effective sixty (60) days from the date of notification by local law enforcement, licensees must fulfill the color photograph requirements in subdivision (8) by submitting them as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital images may be captured from required video recordings, this provision does not alter or amend the requirements in subdivision (8). 10. Renewals, extensions and redemptions. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction and the type of transaction. 11. Inspection of records. The records must at all reasonable times be open to inspection by local law enforcement or state regulatory agencies. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a minimum of ninety (90) days. 3-15-10: DAILY REPORTS TO POLICE. (A) Effective no later than sixty (60) days after local law enforcement provides licensees with computerized record standards, licensees must submit every reportable transaction to local law enforcement daily in the following manner: Licensees must provide to local law enforcement all information required in Section 3-15-9 RECORDS REQUIRED, Subdivision (1) through (6) and other required information by transferring it from their computer to the Automated Pawn System via modem. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to local law enforcement daily. (B) Billable transactions fees. Licensees will be charged for each billable transaction reported to local law enforcement. 1. If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide local law enforcement printed copies of all reportable transactions along with the video tape(s) for that date by 12:00 the next business day. 2. If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 8 the licensee must provide the required reports as detailed in subdivision (B) (1), and must be charged a fifty dollar ($50.00) reporting failure penalty, daily, until the error is corrected, or: 3. If the problem is determined to be outside the licensee's system, the licensee must provide the required reports in subdivision (B) (1) and resubmit all such transactions via modem when the error is corrected. 4. If a licensee is unable to capture, digitize or transmit the photographs required in Section 3-15-9 RECORDS REQUIRED, Subdivision (9), the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to local law enforcement upon request. 5. Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. 6. Subdivision (B) (1) through (3) notwithstanding, local law enforcement may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. 3-15-11: RECEIPT REQUIRED. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: 1. The name, address and telephone number of the licensed business. 2. The date and time the item was received by the licensee. 3. Whether the item was pawned or sold or the nature of the transaction. 4. An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on such an item. 5. The signature or unique identifier of the licensee or employee that conducted the transaction. 6. The amount advanced or paid. MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 9 7. The monthly and annual interest rates, including all pawn fees and charges. 8. The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. 9. The full name, current residence address, current residence telephone number and date of birth of the pledger or seller. 10. The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Minnesota driver's license. b. Current valid Minnesota identification card. c. Current valid photo driver's license or identification card issued by another state or province of Canada. 11. Description of the pledger or seller including sex, approximate height, weight, race, color of eyes and color of hair. 12. The signature of the pledger or seller. 13. All printed statements as required by state statute 325J.04 subdivision 2, or any other applicable statutes. 3-15-12: REDEMPTION PERIOD. (A) Any person pledging, pawning or depositing an item for security must have a minimum of sixty (60) days from the date of that transaction to redeem the item before it may be forfeited and sold. During the holding period, items may not be removed from the licensed location except as provided in Section 3-15-19 BUSINESS AT ONLY ONE PLACE. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger, or with approval of the police license inspector. Written authorization for release of property to persons other than original pledger must be maintained along with original transaction record in accordance with Section 3-15-9 RECORDS REQUIRED, Subdivision (10). (B) Pawnbroker must return goods, or provide compensation for lost or damaged goods, upon payment of the full amount due, unless: MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 10 1. The 60-day redemption period has expired, or 2. The goods have been taken into custody by a court or by a law enforcement officer or agency. (#542, 1/9/12) 3-15-13: HOLDING PERIOD ON TRADE ITEMS. Any item purchased or accepted in trade by a licensee, but not involved in a pawn transaction, must not be sold or otherwise transferred for thirty-one (31) days from the date of the transaction. An individual may redeem an item at any time during the holding period. (#542, 1/9/12) 3-15-14: COURT OR POLICE ORDER TO HOLD/CONFISCATE PROPERTY. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. This initial or investigative hold shall be confirmed in writing within seventy-two hours and remains in effect for fifteen (15) days from the date of initial notification. Local law enforcement may, in writing, extend an investigative hold or independently order an item held for up to ninety (90) days, or order the confiscation of an item identified as stole or evidence in a criminal case. (#542, 1/9/12) 3-15-15: INSPECTION OF ITEMS. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in Section 3-15-19 BUSINESS AT ONLY ONE PLACE, during normal business hours, except in an emergency for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter and other applicable laws. 3-15-16: LABEL REQUIRED. Licensee must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to local law enforcement whichever is applicable and the date the item is out of pawn or can be sold, if applicable. Labels shall not be re-used. 3-15-17: PROHIBITED ACTS. (A) No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of eighteen (18) years. (B) No licensee may receive any goods from a person of unsound mind or an MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 11 intoxicated person. (C) No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or current valid photo driver's license or identification card issued by the state of residency of the person from whom the item was received. (D) No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed. (E) No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another person has a security interest; with any licensee. (F) No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name, nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee. 3-15-18: DENIAL, SUSPENSION OR REVOCATION. Any license under this chapter may be denied, suspended or revoked for one or more of the following reasons: 1. The proposed use does not comply with any applicable zoning code. 2. The proposed use does not comply with any health, building, building maintenance or other provisions of this Code of Ordinances or state law. 3. The applicant or licensee has failed to comply with one or more provisions of this chapter. 4. The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a background or financial investigation due to the unavailability of information. 5. Fraud, misrepresentation or bribery in securing or renewing a license. 6. Fraud, misrepresentation or false statements made in the application and investigation for, or in the course of, the applicant's business. 7. Violation within the preceding five (5) years, of any law relating to theft, MONTICELLO CITY ORDINANCE TITLE III / Chapter 15 / Page 12 damage or trespass to property, sale of a controlled substance, or operation of a business. 8. The owner of the premises licensed or to be licensed would not qualify for a license under the terms of this chapter. 3-15-19: BUSINESS AT ONLY ONE PLACE. A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the police inspector may approve an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with Section 3-15-15 INSPECTION OF ITEMS. All provisions of this chapter regarding record keeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the city code. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premise that extends for more than six (6) months. 3-15-20: SEPARABILITY. Should any section, subsection, clause or other provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part other than the part so declared invalid. (#356, 10/10/00) (#542, 1/9/12) CityCouncilAgenda:11/12/2013 1 5F.ConsiderationofapprovingfundingfordevelopmentofanewFiberNetwebsite (RL) A.REFERENCEANDBACKGROUND: ThelaunchofFiberNet2.0isintendedtobeapublicunveilingoftheimprovements madetothecompany.WiththecontinuedcommitmentandinvestmentoftheCity, FiberNetspentthelastyearrebuildingitsinfrastructuretobettermeettheneedsof residentsandbusinesses.Whilethesestructuralchangesarethemostimportantaspectof FiberNet2.0,theyarepredominantlyoutofthepublicview.Asaresult,itisimperative forFiberNettocomplementitstechnicalchangeswithupdatestotheprinciplepublic elementofthecompany:itswebsite.Byallocatingfundsfordesigninganewwebsite,the CitywillallowFiberNettosolveproblemsassociatedwiththecurrentsite,bettermeet theneedsofconsumers,andestablishapositiveidentityforFiberNet2.0. Initially,thenewsitewillallowFiberNettosolveproblemsassociatedwiththecurrent website.ThegreatesthindranceisFiberNet’slackofcontroloverthesite.Whenthe websitewasbuiltin2009designerscommonlymaintainedsubstantialcontrolovertheir creations,butnowitisanunnecessaryandcostlycomplication.Despitehavingastaff withtherequisitetechnicalexpertise,FiberNetcanonlymakechangestothebasictext onthesite.Whenalterationsareneeded,FiberNetischargedperhalfhourofworkbythe companythatcreatedthesite.Bybuildingthenewsiteandgainingincreasedcontrol, FiberNetwillminimizeongoingmaintenancecostsforitswebsite. Anadditionalproblemstemsfromoutdatedwebsitecode.Atitssimplest,thisismerely anannoyance,i.e.textonthewebsitescrollcannotcontainapostrophesorthepagewill notloadcorrectlyforusers.However,thecodealsopreventsFiberNet’swebsitefrom evolvingwithchangingtechnology.Itiseithercostlyorimpossibletointegrateenhanced searchengineoptimization,individualizedcontent,onlinetechsupport,etc.Designinga newsitewouldallowFiberNettoincorporatetheseelements. Beyondsolvingproblemsassociatedwiththecurrentwebsite,anewonewillallow FiberNettobettermeetconsumerneeds.Sincethewebsite’sdesignin2009,therehas beenasharpincreaseinthenumberofpeopleusingtheinternetfrommobiledevices. AccordingtothePewResearchCenter,58%ofinternetusersaccesswebsitesfromtheir cellphonesortablets.Whenthequestionwasnarrowedtojustcellphoneusers,63%said theyaccesstheinternetfromtheirphones.Despitebeingatechnologycompany, FiberNet’scurrentwebsitedesigndoesnotaccommodatethesemobileusers.Thenew websitesFiberNetresearchedallcomewithamobileplatformincluded;thefeaturewill workforbothsmartphonesandtablets. Justasimportantasthemobileplatformistheabilitytodistinguishthecontentbetween residentsandbusinesses.ThesetwogroupshavevastlydifferentneedsfromFiberNet, andtheirserviceandsupportpackagesreflectthis.Earlierthisyear,FiberNetcreated FNMBusinesstoprovideincreasedspecializedcommunication.Anewwebsitewill furthersupportthisendeavorbyactuallycreatingtwoseparate,complementarywebsites forthepriceofone.ICBits,LLChasagreedtocreatetwositeswithasimilartheme:one CityCouncilAgenda:11/12/2013 2 forFiberNetMonticelloandoneforFNMBusiness.Thetwositeswouldhavean efficientsingleportalforcontrollingboth,butFiberNetcancreatecustomizedcontentfor each.Theseparationwouldallowdistinctbrandsforeachdivisionofthecompany, detailedcontent,andenhancedtechnicalsupportonthewebsites. Finally,thefundsforanewwebsitewillhelpFiberNetestablishapositiveidentityfor FiberNet2.0.Thewebsite,asthepublicfaceofthecompany,isanopportunityto encouragethecommunitytoregainitsexcitementaboutFiberNet.Thecurrentwebsite hasbeeninplacesincetheinceptionofthecompanyandisassociatedwiththe company’stumultuouspast.FiberNet2.0anditsaccompanyingchangesofferan importantopportunitytomoveforward,andanewwebsiteisanintegralpartofthis process.ThenewFiberNetsitewillsetaprofessionaltone,bemoreuser-friendly,and reflectthelong-termvisionforthecompany. AsFiberNetpreparesfortheofficiallaunchofFiberNet2.0,itisessentialtoensurethe publicelementsofthecompanymatchitsupdatedtechnologyandlong-termvisionfor thefuture.Designingandbuildinganewwebsiteiscentraltothesuccessof2.0 marketing.Oncetheupdatedtechnologyisfullyimplemented,aredesignedwebsitewill offeranidealwaytoreachouttotheresidentsandbusinessesofMonticello. A1.BudgetImpact:Theallocationoffundsforanewwebsiterepresentsaonetime paymentnottoexceed$7,000.Thisincludesthebasepriceofbuildingtwo integratedwebsitesaswellasoptionsforcustomization.ICBitsoffereda20% discountonbuildanddesigncostsbecauseFiberNetisapre-existingcustomer andspecifiedcurrenthostingcostswillnotincreasedespitetheadditionofa secondwebsiteforFNMBusiness.Bycomparison,thecontinuedmaintenanceof thecurrentsiterequiresongoingpaymentsof$45.00perhalfhourforallfuture workbyICBits,LLCaswellasthecostofintegratinganynewelementsintothe currentsite. A2.StaffWorkloadImpact:Atemporaryworkloadincreaseisexpectedduringthe newwebsite’sdesignprocess.Oncecomplete,therewillbeaslightworkload increaseinaccordancewiththeincreasedcontroloverthesite.However,thenew responsibilitieswillbeoutweighedbythecostsavingsofdoingtheworkin-house asopposedtooutsourcingit. B.ALTERNATIVEACTIONS: 1.Motiontoapproveupto$7,000infundingfordevelopmentofanewwebsitefor FiberNetbyICBits. 2.Motiontoapprovefundingintheamountof$_______forthedevelopmentofa newFiberNetwebsite. 3.MotiontodenyfundingfordevelopmentofanewFiberNetwebsiteatthistime. CityCouncilAgenda:11/12/2013 3 C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1.Thecurrentwebsitenolongermeetstheneedsof FiberNetoritsconsumers.ThelaunchofFiberNet2.0isanoptimaltimetoredesignthe sitetosolvethecurrentproblemsaswellasencourageconsumerstolooktothefutureof FiberNetMonticello.Thisactionisfurthersupportedbyfinancialincentives:alumpsum ratherthanongoingpaymentsforwebsitealterationsandanoffertodiscountthecostof buildingthenewsite. D.SUPPORTINGDATA: CostEstimatefromICBits,LLC ICBits – Web site bid for Fibernet Monticello Page 1 of 2 PROPOSAL FOR FIBERNET MONTICELLO Summary Fibernet Monticello is in need of an updated website. Not only in the design, but also the website coding and CMS system. In addition, they are in need of some new functionality (e.g., online chat, a VIP login, etc.), plus, they would like to separate business and residential customers thereby creating a separate website for their business customers. Recommendation To begin, Fibernet would select a design which could be used for both websites. ICBits would modify the design so that each site would have their own feel based on the company logos. Changes would most likely include a different color scheme, and new content/images. Since this is a new site build with a new design of two websites, along with the most recent version of ICTools (the CMS system), below are modules needed to recreate the site as it is today. The second section includes modules and other functionality that will be new to the site. Finally, because Fibernet Monticello is a n existing customer, a 20% discount of existing modules will be applied at the end. Modules needed to recreate site with the same functionality as the site has today: Premier Content Module With our Premier Content module, you can have a single and multiple paged sections (e.g., the home page would be a single page with news articles, specials, events, or press releases; whereas an About section might have separate pages for your history, a staff page, etc.) The system allows users to easily add/edit/delete additional pages and automatically updates the sub-navigation to reflect your changes. ICTools (the site update tool) allows you to add as many pages or articles as you'd like at any time. You can also include publish and drop-off dates for each article to automate when they display on your site. What makes this module powerful is the ability to embed code from other third-party websites. For example, you can embed Google Calendars, YouTube/Vimeo (or other) videos, etc. onto any page. Examples: www.missminnesota.org, www.elitewastedisposal.com, www.kisangajiproject.org Note…this module includes all design, development, publishing, and training costs. $2200 Rotating images This module allows you to add/edit/delete images, text, and links in your home page rotating image feature. Example: Rotating different images on all pages of the website: www.missminnesota.org, www.rgchamber.com, www.pulseproducts.com $ 600 FAQs Frequently Asked Questions display the questions as links. When clicked, the answer displays beneath the question. You can also categorize questions, eliminating long scrolling pages. Examples: www.voicecarenetwork.org, www.greweb.com $600 Dynamic Forms - Intermediate This module allows you to modify your form to request additional visitor information with data stored in the database for later retrieval. In addition, upon form submission, either an email notice, or an email containing all form information is sent to an email account of your choice so that your staff can immediately address the user's request. The form can be as simple as asking for the visitor's name, email, and a description of their request, or as complex as requesting company name, address information, and up to 30 questions. With the Intermediate Dynamic Form module, you can have up to 3 online forms. $600 ICBits – Web site bid for Fibernet Monticello Page 2 of 2 Footer Link Module Many sites include a section at the very bottom of their site where they can cross-link to other websites. This not only provides a nice option for visitors, it can also help improve search engine ranking. This module allows you to group ‘like’ links into 4 columns beneath the website. Example: www.fibernetmonticello.com $200 SUB TOTAL: $ 4200.00 20% DISCOUNT: -840.00 TOTAL: $ 3360.00 New functionality requested  Basic Client Login Area This module would allow your staff to log in to ICTools to create a client login for each of your clients. Here, you would be able to publish images, PDFs, etc. for your clients to review. Each client would be given a unique login username and password to access this information. The client login would contain a Forgotten Password component which would reset the client's password and email a temporary password to the email address on file. Once logged in, the client would see a list of links to the images, PDFs, etc. specific to them. We would also allow Fibernet to publish information that is viewable to all VIP clients. Example: www.tieboss.com $600  Blog Feed We discussed adding a blog feed from Blogger/Blogspot. This would be added to the home page of both sites. $180 per feed  Mobile site This module is used to generate a mobile version of your website for viewing on a smartphone, tablet or other mobile device. These sites typically don’t include all of your website information as most mobile device users are looking for specific information (e.g., your location, contact information, products/pricing, etc.) Choose one of the following options:  Generic Design: The design is simple with your logo and site colors incorporated into it. Example: www.marquee-mn.com/marqueeRE/mobile/.  Custom Design: This mobile site would be customized to more closely mirror your full website. Example: www.heritagebankna.com/mobile/. All mobile sites include a link to the full site. $360 $700  Alert system This would be a custom program enabling staff to set an alert flag…possibly red / yellow / green on the site notifying clients if there are any problems. W hen clicked, a message would give them the status on any outages or other issues. $360  Online Chat There are many companies that provide online chat services. I’m currently getting bids from a few, but they’re all over the map. Just so you have an idea, one I found charges $499 per year per/concurrent operator. Another charged $29.95 p/month p/agent but had other plans depending on your needs. Most offered a link or widget that I would add to your site, so the cost you see to the right is for my setup and testing. However, I will send you more info on the various options I have found. $90…my setup only This cost doesn’t include costs from the online vendor. Other Options  Site Map Larger websites may also want to include a site map. The beauty of our system is that this is dynamically generated for you. So if you add a page, it automatically displays on your site map. Example: www.heritagebankna.com/sitemap.cfm $360  Site Search For large websites, we can add site search functionality. This includes a quick search option on every page, along with a link to ‘advanced’ search which offers the visitor the ability to search by section, by exact phrase or contains options. Example: www.heritagebankna.com $360 Prices outlined in this agreement are good for 6 months. CityCouncilAgenda:11/12/13 1 7.ConsiderationofadoptingResolution#2013-096approvingthesaleofG.O. WastewaterTreatmentBonds,Series2013B (WO/Northland) A.REFERENCEANDBACKGROUND: OnSeptember24,2012,theCounciladoptedResolution#2012-080declaringitsintentto reimburseitselffrombondproceedsforexpendituresrelatedtoimprovementstothe city’swastewatertreatmentsystem.Theimprovementsincludestructuralitems, dewateringequipment,andanenergysavingaerator. AtitsregularOctober14,2013meeting,theCounciladoptedaresolutionsetting November12,2013asthesaledateforGeneralObligationWastewaterTreatmentBonds, Series2013B. OnMondayOctober21,2013,citystaffandNorthlandSecuritiesconductedaratingscall withMoody’sInvestorServices.Moody’sissueditsratingonthefollowingMonday, October28th.ThereportfromMoody’sisattached. Thebidsforthesalewillbeopenedat10:30a.m.onNovember12th andtheresultswill bepresentedtoCouncilthatnightbyTammyOmdalofNorthlandSecurities.Council willthenbeaskedtoapprovetheattachedresolutionapprovingthesaleoftheG.O. WastewaterTreatmentBonds,Series2013B. A1.BudgetImpact:Annualdebtservicepaymentsareestimatedat$250,000forthe 15yeartermofthebonds. A2.StaffWorkloadImpact:Internalcoordinationofissuance;otherwiselittletono impactonthestaff. B.ALTERNATIVEACTIONS 1.MotiontoadoptResolution#2013-096approvingthesaleof$3,000,000G.O. WastewaterTreatmentBonds,Series2013B. 2.MotiontodenyResolution#2013-096approvingthesaleofbonds. C.STAFFRECOMMENDATION: TheCitystaffsupportsAlternative#1. D.SUPPORTINGDATA: Resolution#2013-096 Moody’sRatingComments OfficialStatement-Truncated 434129v1MNIMN190-143 CITYOFMONTICELLO WRIGHTCOUNTY,MINNESOTA RESOLUTIONNO.2013-096 AWARDINGTHESALEOFGENERALOBLIGATION WASTEWATERTREATMENTBONDS,SERIES2013B,INTHE AGGREGATEPRINCIPALAMOUNTOF$________;FIXING THEIRFORMANDSPECIFICATIONS;DIRECTINGTHEIR EXECUTIONANDDELIVERY;ANDPROVIDINGFORTHEIR PAYMENT BEITRESOLVEDBytheCityCounciloftheCityofMonticello,Minnesota(the“City”),as follows: Section1.SaleofBonds. 1.01.Background.Itisdeterminedthat: (a)TheCityengineerhasrecommendedtheconstructionofvariousimprovementstothe City’swastewatertreatmentfacility(the“Project”). (b)TheCityisauthorizedbyMinnesotaStatutes,Chapter475,asamended,andMinnesota Statutes,Sections115.46and444.075(collectively,the“Act”),tofinancealloraportionofthecostof theProject(the“ProjectCosts”)bytheissuanceofgeneralobligationbondsoftheCitypayablefromthe netrevenuesofthesanitarysewersystem. (c)PursuantaresolutionadoptedbytheCityCounciloftheCityonOctober14,2013,the CityfounditisnecessaryandexpedienttothesoundfinancialmanagementoftheaffairsoftheCityto issueitsGeneralObligationWastewaterTreatmentBonds,Series2013B(the“Bonds”),intheaggregate principalamountof$________,pursuanttotheActtoprovidefinancingfortheProject. (d)TheCityisauthorizedbySection475.60,subdivision2(9),oftheActtonegotiatethe saleoftheBonds,itbeingdeterminedthattheCityhasretainedanindependentfinancialadvisorin connectionwithsuchsale.TheactionsoftheCitystaffandtheCity’sfinancialadvisorinnegotiatingthe saleoftheBondsareratifiedandconfirmedinallaspects. 1.02.AwardtothePurchaserandInterestRates.Theproposalof__________________, ___________,____________(the“Purchaser”),topurchasetheBondsoftheCityisfoundand determinedtobeareasonableofferandisaccepted,theproposalbeingtopurchasetheBondsatapriceof $_________(paramountof$________,plusoriginalissuepremiumof __________________________________________________,lessunderwriter’sdiscountof $________),plusaccruedinteresttodateofdelivery,ifany,forBondsbearinginterestasfollows: 434129v1MNIMN190-143 2 Year InterestRate Year InterestRate 2014 %2024 % 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 Netinterestcost:__________% 1.03.PurchaseContract.Thesumof$_________,beingtheamountproposedbythe Purchaserinexcessof$_________,shallbecreditedtotheDebtServiceFundhereinaftercreatedor depositedintheConstructionFundhereinaftercreated,asdeterminedbytheFinanceDirectoroftheCity inconsultationwiththeCity’sfinancialadvisor.TheFinanceDirectorisdirectedtoretainthegoodfaith checkofthePurchaser,pendingcompletionofthesaleoftheBonds,andtoreturnthegoodfaithchecks oftheunsuccessfulproposers.TheMayorandCityAdministratoraredirectedtoexecuteacontractwith thePurchaseronbehalfoftheCity. 1.04.TermsandPrincipalAmountsoftheBonds.TheCitywillforthwithissueandsellthe BondspursuanttotheActinthetotalprincipalamountof$________,originallydatedDecember1,2013, inthedenominationof$5,000eachoranyintegralmultiplethereof,numberedNo.R-1,upward,bearing interestasabovesetforth,andmaturingseriallyonDecember1intheyearsandamountsasfollows: Year Amount Year Amount 2014 $2024 $ 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 1.05.OptionalRedemption.TheCitymayelectonDecember1,2021,andonanyday thereaftertoprepayBondsdueonorafterDecember1,2022.Redemptionmaybeinwholeorinpartand ifinpart,attheoptionoftheCityandinsuchmannerastheCitywilldetermine.IflessthanallBondsof amaturityarecalledforredemption,theCitywillnotifyDTC(asdefinedinSection7hereof)ofthe particularamountofsuchmaturitytobeprepaid.DTCwilldeterminebylottheamountofeach participant’sinterestinsuchmaturitytoberedeemedandeachparticipantwillthenselectbylotthe beneficialownershipinterestsinsuchmaturitytoberedeemed.Prepaymentswillbeatapriceofparplus accruedinterest. 434129v1MNIMN190-143 3 Section2.RegistrationandPayment. 2.01.RegisteredForm.TheBondswillbeissuedonlyinfullyregisteredform.Theinterest thereonand,uponsurrenderofeachBond,theprincipalamountthereof,ispayablebycheckordraft issuedbytheRegistrardescribedherein. 2.02.Dates;InterestPaymentDates.EachBondwillbedatedasofthelastinterestpayment dateprecedingthedateofauthenticationtowhichinterestontheBondhasbeenpaidormadeavailable forpayment,unless(i)thedateofauthenticationisaninterestpaymentdatetowhichinteresthasbeen paidormadeavailableforpayment,inwhichcasetheBondwillbedatedasofthedateofauthentication, or(ii)thedateofauthenticationispriortothefirstinterestpaymentdate,inwhichcasetheBondwillbe datedasofthedateoforiginalissue.TheinterestontheBondswillbepayableonJune1and December1ofeachyear,commencingDecember1,2014,totheregisteredownersofrecordthereofasof thecloseofbusinessonthefifteenthdayoftheimmediatelyprecedingmonth,whetherornotthatdayisa businessday. 2.03.Registration.TheCitywillappointabondregistrar,transferagent,authenticatingagent andpayingagent(the“Registrar”).TheeffectofregistrationandtherightsanddutiesoftheCityandthe Registrarwithrespecttheretoareasfollows: (a)Register.TheRegistrarmustkeepatitsprincipalcorporatetrustofficeabond registerinwhichtheRegistrarprovidesfortheregistrationofownershipofBondsandthe registrationoftransfersandexchangesofBondsentitledtoberegistered,transferredor exchanged. (b)TransferofBonds.UponsurrenderfortransferofaBonddulyendorsedbythe registeredownerthereoforaccompaniedbyawritteninstrumentoftransfer,informsatisfactory totheRegistrar,dulyexecutedbytheregisteredownerthereoforbyanattorneydulyauthorized bytheregisteredownerinwriting,theRegistrarwillauthenticateanddeliver,inthenameofthe designatedtransfereeortransferees,oneormorenewBondsofalikeaggregateprincipalamount andmaturity,asrequestedbythetransferor.TheRegistrarmay,however,closethebooksfor registrationofanytransferafterthefifteenthdayofthemonthprecedingeachinterestpayment dateanduntilthatinterestpaymentdate. (c)ExchangeofBonds.WhenBondsaresurrenderedbytheregisteredownerfor exchangetheRegistrarwillauthenticateanddeliveroneormorenewBondsofalikeaggregate principalamountandmaturityasrequestedbytheregisteredownerortheowner’sattorneyin writing. (d)Cancellation.Bondssurrenderedupontransferorexchangewillbepromptly cancelledbytheRegistrarandthereafterdisposedofasdirectedbytheCity. (e)ImproperorUnauthorizedTransfer.WhenaBondispresentedtotheRegistrar fortransfer,theRegistrarmayrefusetotransfertheBonduntiltheRegistrarissatisfiedthatthe endorsementontheBondorseparateinstrumentoftransferisvalidandgenuineandthatthe requestedtransferislegallyauthorized.TheRegistrarwillincurnoliabilityfortherefusal,in goodfaith,tomaketransferswhichit,initsjudgment,deemsimproperorunauthorized. (f)PersonsDeemedOwners.TheCityandtheRegistrarmaytreatthepersonin whosenameaBondisregisteredinthebondregisterastheabsoluteowneroftheBond,whether theBondisoverdueornot,forthepurposeofreceivingpaymentof,oronaccountof,the 434129v1MNIMN190-143 4 principalofandinterestontheBondandforallotherpurposes,andpaymentssomadetoa registeredownerorupontheowner’sorderwillbevalidandeffectualtosatisfyanddischargethe liabilityupontheBondtotheextentofthesumorsumssopaid. (g)Taxes,FeesandCharges.TheRegistrarmayimposeachargeupontheowner thereofforatransferorexchangeofBondssufficienttoreimbursetheRegistrarforanytax,fee orothergovernmentalchargerequiredtobepaidwithrespecttothetransferorexchange. (h)Mutilated,Lost,StolenorDestroyedBonds.IfaBondbecomesmutilatedoris destroyed,stolenorlost,theRegistrarwilldeliveranewBondoflikeamount,number,maturity dateandtenorinexchangeandsubstitutionforanduponcancellationofthemutilatedBondorin lieuofandinsubstitutionforaBonddestroyed,stolenorlost,uponthepaymentofthe reasonableexpensesandchargesoftheRegistrarinconnectiontherewith;and,inthecaseofa Bonddestroyed,stolenorlost,uponfilingwiththeRegistrarofevidencesatisfactorytoitthatthe Bondwasdestroyed,stolenorlost,andoftheownershipthereof,anduponfurnishingtothe Registrarofanappropriatebondorindemnityinform,substanceandamountsatisfactorytoit andasprovidedbylaw,inwhichboththeCityandtheRegistrarmustbenamedasobligees. BondssosurrenderedtotheRegistrarwillbecancelledbytheRegistrarandevidenceofsuch cancellationmustbegiventotheCity.Ifthemutilated,destroyed,stolenorlostBondhas alreadymaturedorbeencalledforredemptioninaccordancewithitstermsitisnotnecessaryto issueanewBondpriortopayment. (i)Redemption.IntheeventanyoftheBondsarecalledforredemption,notice thereofidentifyingtheBondstoberedeemedwillbegivenbytheRegistrarbymailingacopyof theredemptionnoticebyfirstclassmail(postageprepaid)totheregisteredownerofeachBond toberedeemedattheaddressshownontheregistrationbookskeptbytheRegistrarandby publishingthenoticeifrequiredbylaw.Failuretogivenoticebypublicationorbymailto registeredowners,oranydefecttherein,willnotaffectthevalidityoftheproceedingsforthe redemptionofBonds.Bondssocalledforredemptionwillceasetobearinterestafterthe specifiedredemptiondate,providedthatthefundsfortheredemptionareondepositwiththe placeofpaymentatthattime. 2.04.AppointmentofInitialRegistrar.TheCityappointsU.S.BankNationalAssociation,St. Paul,Minnesota,astheinitialRegistrar.TheMayorandtheCityAdministratorareauthorizedtoexecute anddeliver,onbehalfoftheCity,acontractwiththeRegistrar.Uponmergerorconsolidationofthe Registrarwithanothercorporation,iftheresultingcorporationisabankortrustcompanyauthorizedby lawtoconductsuchbusiness,theresultingcorporationisauthorizedtoactassuccessorRegistrar.The CityagreestopaythereasonableandcustomarychargesoftheRegistrarfortheservicesperformed.The CityreservestherighttoremovetheRegistrarupon30days’noticeandupontheappointmentofa successorRegistrar,inwhicheventthepredecessorRegistrarmustdeliverallcashandBondsinits possessiontothesuccessorRegistrarandmustdeliverthebondregistertothesuccessorRegistrar.Onor beforeeachprincipalorinterestduedate,withoutfurtherorderofthisCouncil,theCityAdministrator musttransmittotheRegistrarmoneyssufficientforthepaymentofallprincipalandinterestthendue. 2.05.Execution,AuthenticationandDelivery.TheBondswillbepreparedunderthedirection oftheCityAdministratorandexecutedonbehalfoftheCitybythesignaturesoftheMayorandtheCity Administrator,providedthatthosesignaturesmaybeprinted,engravedorlithographedfacsimilesofthe originals.IfanofficerwhosesignatureorafacsimileofwhosesignatureappearsontheBondsceasesto besuchofficerbeforethedeliveryofaBond,thatsignatureorfacsimilewillneverthelessbevalidand sufficientforallpurposes,thesameasiftheofficerhadremainedinofficeuntildelivery. Notwithstandingsuchexecution,aBondwillnotbevalidorobligatoryforanypurposeorentitledtoany 434129v1MNIMN190-143 5 securityorbenefitunderthisResolutionunlessanduntilacertificateofauthenticationontheBondhas beendulyexecutedbythemanualsignatureofanauthorizedrepresentativeoftheRegistrar.Certificates ofauthenticationondifferentBondsneednotbesignedbythesamerepresentative.Theexecuted certificateofauthenticationonaBondisconclusiveevidencethatithasbeenauthenticatedanddelivered underthisResolution.WhentheBondshavebeensoprepared,executedandauthenticated,theCity AdministratorwilldeliverthesametothePurchaseruponpaymentofthepurchasepriceinaccordance withthecontractofsaleheretoforemadeandexecuted,andthePurchaserisnotobligatedtoseetothe applicationofthepurchaseprice. 2.06.TemporaryBonds.TheCitymayelecttodeliverinlieuofprinteddefinitiveBondsone ormoretypewrittentemporaryBondsinsubstantiallytheformsetforthinEXHIBITBwithsuchchanges asmaybenecessarytoreflectmorethanonematurityinasingletemporarybond.Upontheexecution anddeliveryofdefinitiveBondsthetemporaryBondswillbeexchangedthereforandcancelled. Section3.FormofBond. 3.01.ExecutionofBonds.TheBondswillbeprintedortypewritteninsubstantiallytheform assetforthinEXHIBITBattachedhereto. 3.02.ApprovingLegalOpinion.TheCityAdministratorwillobtainacopyoftheproposed approvinglegalopinionofKennedy&Graven,Chartered,Minneapolis,Minnesota,whichwillbe completeexceptastodatingthereofandwillcausetheopiniontobeprintedonoraccompanyeachBond. Section4.Payment;Security;PledgesandCovenants. 4.01.DebtServiceFund.TheCitywillcontinuetooperateandmaintainitsSanitarySewer Fundtowhichwillbecreditedallgrossrevenuesofthesanitarysewersystemandoutofwhichwillbe paidallnormalandreasonableexpensesofcurrentoperationsofthesanitarysewersystem.Anybalance thereinisdeemednetrevenuesandwillbetransferred,fromtimetotime,toaGeneralObligation WastewaterTreatmentBonds,Series2013BDebtServiceFund(the“DebtServiceFund”)hereby created,whichfundwillbeusedonlytopayprincipalofandinterestontheBondsandanyotherbonds similarlyauthorized.TherewillalwaysberetainedintheDebtServiceFundasufficientamounttopay principalofandinterestonalltheBonds,andtheCityAdministratormustreportanycurrentor anticipateddeficiencyintheDebtServiceFundtotheCityCouncil.ThereisappropriatedtotheDebt ServiceFund(i)capitalizedinterestfinancedfromBondproceeds,ifany;(ii)anyamountoverthe minimumpurchasepriceoftheBondspaidbythePurchaser,totheextentdesignatedfordepositinthe DebtServiceFundinaccordancewithSection1.03,ifany;and(iii)theaccruedinterestpaidbythe PurchaseruponclosinganddeliveryoftheBonds,ifany. 4.02.ConstructionFund.TheproceedsoftheBonds,lesstheappropriationsmadein Section4.01,togetherwithanyotherfundsappropriatedduringtheconstructionoftheProjectfinanced bytheBonds,willbedepositedinaseparateconstructionfund(the“ConstructionFund”)tobeused solelytodefrayexpensesoftheProjectandthepaymentofprincipalandinterestontheBondspriorto thecompletionandpaymentofallcostsoftheProject.WhentheProjectiscompletedandthecost thereofpaid,theConstructionFundistobeclosedandanybalancethereinistobedepositedintheDebt ServiceFund. 4.03.CityCovenants.TheCityCouncilcovenantsandagreeswiththeholdersoftheBonds thatsolongasanyoftheBondsremainoutstandingandunpaid,itwillkeepandenforcethefollowing covenantsandagreements: 434129v1MNIMN190-143 6 (a)TheCitywillcontinuetomaintainandefficientlyoperatethesanitarysewer systemasapublicutilityandconveniencefreefromcompetitionofotherlikemunicipalutilities andwillcauseallrevenuestherefromtobedepositedinbankaccountsandcreditedtothe sanitarysewersystemfundsashereinaboveprovided,andwillmakenoexpendituresfromthose accountsexceptforadulyauthorizedpurposeandinaccordancewiththisresolution. (b)TheCitywillalsomaintaintheDebtServiceFundasaseparateaccountandwill causemoneytobecreditedtheretofromtimetotime,outofnetrevenuesfromthesanitarysewer systeminsumssufficienttopayprincipalofandinterestontheBondswhendue. (c)TheCitywillkeepandmaintainproperandadequatebooksofrecordsand accountsseparatefromallotherrecordsoftheCityinwhichwillbecompleteandcorrectentries astoalltransactionsrelatingtothesanitarysewersystemandwhichwillbeopentoinspection andcopyingbyanybondholder,orthebondholder’sagentorattorney,atanyreasonabletime, anditwillfurnishcertifiedtranscriptstherefromuponrequestanduponpaymentofareasonable feetherefor,andsaidaccountwillbeauditedatleastannuallybyaqualifiedpublicaccountant andstatementsofsuchauditandreportwillbefurnishedtoallbondholdersuponrequest. (d)TheCityCouncilwillcausepersonshandlingrevenuesofthesanitarysewer systemtobebondedinreasonableamountsfortheprotectionoftheCityandthebondholdersand willcausethefundscollectedonaccountoftheoperationsofthesanitarysewersystemtobe depositedinabankwhosedepositsareguaranteedundertheFederalDepositInsuranceLaw. (e)TheCouncilwillkeepthesanitarysewersysteminsuredatalltimesagainstloss byfire,tornadoandotherriskscustomarilyinsuredagainstwithaninsurerorinsurersingood standing,insuchamountsasarecustomaryforlikeplants,toprotecttheholders,fromtimeto time,oftheBondsandtheCityfromanylossduetoanysuchcasualtyandwillapplythe proceedsofsuchinsurancetomakegoodanysuchloss. (f)TheCityandeachandallofitsofficerswillpunctuallyperformalldutieswith referencetothesanitarysewersystemasrequiredbylaw. (g)TheCitywillimposeandcollectchargesofthenatureauthorizedbySections 115.46and444.075oftheAct,atthetimesandintheamountsrequiredtoproducenetrevenues adequatetopayallprincipalandinterestwhendueontheBondsandtocreateandmaintainsuch reservessecuringsaidpaymentsasmaybeprovidedinthisresolution. (h)TheCityCouncilwilllevygeneraladvaloremtaxesonalltaxablepropertyinthe Citywhenrequiredtomeetanydeficiencyinnetrevenues. 4.04.NetRevenuePledge.Itisherebydeterminedthattheestimatedcollectionofnet revenuesfromthesanitarysewersystemoftheCityforthepaymentofprincipalandinterestonthe Bondswillproduceatleastfivepercentinexcessoftheamountneededtomeet,whendue,theprincipal andinterestpaymentsontheBondsandthatnotaxlevyisneededatthistime. 4.05.CertificateofCountyAuditor/TreasurerastoRegistration.TheCityAdministratoris authorizedanddirectedtofileacertifiedcopyofthisresolutionwiththeCountyAuditor/Treasurerof WrightCounty,Minnesota,andtoobtainthecertificaterequiredbySection475.63oftheAct. 4.06.StateCreditEnhancement.(a)PursuanttoaresolutionadoptedbytheCityCouncilon October14,2013,theCityCouncilauthorizedanddirectedCitystaff,financialadvisors,andbond 434129v1MNIMN190-143 7 counseltoentertheCityintoaCreditEnhancementProgramAgreement(the“CreditAgreement”)with theMinnesotaPublicFacilitiesAuthority(the“Authority”).PursuanttoMinnesotaStatutes,Section 446A.086,asamended(the“CreditEnhancementAct”),theStateofMinnesota,actingthroughthe Authority,mayprovideaguaranteeofanydeficiencyofdebtservicepaymentsontheBonds.Pursuantto theCreditEnhancementAct,theCitymakesthefollowingrepresentationsandcovenants: (i)theCitywillnotifytheAuthorityofanydefaultorpotentialdefaultinthe paymentofprincipalorinterestdueontheBonds; (ii)theCitywilldepositwiththeRegistrarallpaymentsofprincipalandinterestdue ontheBondsatleastthreebusinessdayspriortothepaymentduedate; (iii)theagreementtheCityentersintowiththeRegistrarwillincludeallprovisions requiredbytheCreditEnhancementAct;and (iv)theCitywillcomplywithallprovisionsoftheCreditAgreementandwiththe CreditEnhancementAct. (b)PursuanttoSection3oftheCreditEnhancementAct,theCityacknowledgesandagrees thattheRegistrarisrequiredtoinformtheMinnesotaCommissionerofManagementandBudgetandthe AuthorityiftheRegistrarbecomesawareofadefaultorpotentialdefaultinthepaymentofprincipalor interestontheBondsorif,onthedaytwobusinessdaysbeforethedateapaymentisdueontheBonds, thereareinsufficientfundstomakethepaymentondepositwiththeRegistrar. Section5.AuthenticationofTranscript. 5.01.CityProceedingsandRecords.TheofficersoftheCityareauthorizedanddirectedto prepareandfurnishtothePurchaserandtotheattorneysapprovingtheBonds,certifiedcopiesof proceedingsandrecordsoftheCityrelatingtotheBondsandtothefinancialconditionandaffairsofthe City,andsuchothercertificates,affidavitsandtranscriptsasmayberequiredtoshowthefactswithin theirknowledgeorasshownbythebooksandrecordsintheircustodyandundertheircontrol,relatingto thevalidityandmarketabilityoftheBonds,andsuchinstruments,includinganyheretoforefurnished,will bedeemedrepresentationsoftheCityastothefactsstatedtherein. 5.02.CertificationastoOfficialStatement.TheMayorandCityAdministratorareauthorized anddirectedtocertifythattheyhaveexaminedtheOfficialStatementpreparedandcirculatedin connectionwiththeissuanceandsaleoftheBondsandthattothebestoftheirknowledgeandbeliefthe OfficialStatementisacompleteandaccuraterepresentationofthefactsandrepresentationsmadetherein asofthedateoftheOfficialStatement. Section6.TaxCovenant. 6.01.Tax-ExemptBonds.TheCitycovenantsandagreeswiththeholdersfromtimetotimeof theBondsthatitwillnottakeorpermittobetakenbyanyofitsofficers,employeesoragentsanyaction whichwouldcausetheinterestontheBondstobecomesubjecttotaxationundertheInternalRevenue Codeof1986,asamended(the“Code”),andtheTreasuryRegulationspromulgatedthereunder,ineffect atthetimeofsuchactions,andthatitwilltakeorcauseitsofficers,employeesoragentstotake,all affirmativeactionwithinitspowerthatmaybenecessarytoensurethatsuchinterestwillnotbecome subjecttotaxationundertheCodeandapplicableTreasuryRegulations,aspresentlyexistingoras hereafteramendedandmadeapplicabletotheBonds. 434129v1MNIMN190-143 8 6.02.NotPrivateActivityBonds.TheCityfurthercovenantsnottousetheproceedsofthe Bondsortocauseorpermitthemoranyofthemtobeused,insuchamannerastocausetheBondstobe “privateactivitybonds”withinthemeaningofSections103and141through150oftheCode. 6.03.QualifiedTax-ExemptObligations.InordertoqualifytheBondsas“qualified tax-exemptobligations”withinthemeaningofSection265(b)(3)oftheCode,theCitymakesthe followingfactualstatementsandrepresentations: (a)theBondsarenot“privateactivitybonds”asdefinedinSection141oftheCode; (b)theCitydesignatestheBondsas“qualifiedtax-exemptobligations”forpurposes ofSection265(b)(3)oftheCode; (c)thereasonablyanticipatedamountoftax-exemptobligations(otherthanprivate activitybonds)whichwillbeissuedbytheCity(andallsubordinateentitiesoftheCity)during calendaryear2013willnotexceed$10,000,000;and (d)notmorethan$10,000,000ofobligationsissuedbytheCityduringcalendaryear 2013havebeendesignatedforpurposesofSection265(b)(3)oftheCode. 6.04.ProceduralRequirements.TheCitywilluseitsbesteffortstocomplywithanyfederal proceduralrequirementswhichmayapplyinordertoeffectuatethedesignationsmadebythissection. Section7.Book-EntrySystem;LimitedObligationofCity. 7.01.DTC.TheBondswillbeinitiallyissuedintheformofaseparatesingletypewrittenor printedfullyregisteredBondforeachofthematuritiessetforthinSection1.04hereof.Uponinitial issuance,theownershipofeachBondwillberegisteredintheregistrationbookskeptbytheRegistrarin thenameofCede&Co.,asnomineeforTheDepositoryTrustCompany,NewYork,NewYork,andits successorsandassigns(“DTC”).Exceptasprovidedinthissection,alloftheoutstandingBondswillbe registeredintheregistrationbookskeptbytheRegistrarinthenameofCede&Co.,asnomineeofDTC. 7.02.Participants.WithrespecttoBondsregisteredintheregistrationbookskeptbythe RegistrarinthenameofCede&Co.,asnomineeofDTC,theCity,theRegistrarandthePayingAgent willhavenoresponsibilityorobligationtoanybrokerdealers,banksandotherfinancialinstitutionsfrom timetotimeforwhichDTCholdsBondsassecuritiesdepository(the“Participants”)ortoanyother persononbehalfofwhichaParticipantholdsaninterestintheBonds,includingbutnotlimitedtoany responsibilityorobligationwithrespectto(i)theaccuracyoftherecordsofDTC,Cede&Co.orany ParticipantwithrespecttoanyownershipinterestintheBonds,(ii)thedeliverytoanyParticipantorany otherperson(otherthanaregisteredownerofBonds,asshownbytheregistrationbookskeptbythe Registrar),ofanynoticewithrespecttotheBonds,includinganynoticeofredemption,or(iii)the paymenttoanyParticipantoranyotherperson,otherthanaregisteredownerofBonds,ofanyamount withrespecttoprincipalof,premium,ifany,orinterestontheBonds.TheCity,theRegistrarandthe PayingAgentmaytreatandconsiderthepersoninwhosenameeachBondisregisteredintheregistration bookskeptbytheRegistrarastheholderandabsoluteownerofsuchBondforthepurposeofpaymentof principal,premiumandinterestwithrespecttosuchBond,forthepurposeofregisteringtransferswith respecttosuchBond,andforallotherpurposes.ThePayingAgentwillpayallprincipalof,premium,if any,andinterestontheBondsonlytoorontheorderoftherespectiveregisteredowners,asshowninthe registrationbookskeptbytheRegistrar,andallsuchpaymentswillbevalidandeffectualtofullysatisfy anddischargetheCity’sobligationswithrespecttopaymentofprincipalof,premium,ifany,orinterest ontheBondstotheextentofthesumorsumssopaid.NopersonotherthanaregisteredownerofBonds, 434129v1MNIMN190-143 9 asshownintheregistrationbookskeptbytheRegistrar,willreceiveacertificatedBondevidencingthe obligationofthisresolution.UpondeliverybyDTCtotheCityAdministratorofawrittennoticetothe effectthatDTChasdeterminedtosubstituteanewnomineeinplaceofCede&Co.,thewords“Cede& Co.”willrefertosuchnewnomineeofDTC;anduponreceiptofsuchanotice,theCityAdministrator willpromptlydeliveracopyofthesametotheRegistrarandPayingAgent. 7.03.RepresentationLetter.TheCityhasheretoforeexecutedanddeliveredtoDTCaBlanket IssuerLetterofRepresentations(the“RepresentationLetter”)whichshallgovernpaymentofprincipalof, premium,ifany,andinterestontheBondsandnoticeswithrespecttotheBonds.AnyPayingAgentor RegistrarsubsequentlyappointedbytheCitywithrespecttotheBondswillagreetotakeallaction necessaryforallrepresentationsoftheCityintheRepresentationLetterwithrespecttotheRegistrarand PayingAgent,respectively,tobecompliedwithatalltimes. 7.04.TransfersOutsideBook-EntrySystem.IntheeventtheCity,byresolutionoftheCity Council,determinesthatitisinthebestinterestsofthepersonshavingbeneficialinterestsintheBonds thattheybeabletoobtainBondcertificate,theCitywillnotifyDTC,whereuponDTCwillnotifythe Participants,oftheavailabilitythroughDTCofBondcertificates.InsucheventtheCitywillissue, transferandexchangeBondcertificatesasrequestedbyDTCandanyotherregisteredownerin accordancewiththeprovisionsofthisResolution.DTCmaydeterminetodiscontinueprovidingits serviceswithrespecttotheBondsatanytimebygivingnoticetotheCityanddischargingits responsibilitieswithrespecttheretounderapplicablelaw.Insuchevent,ifnosuccessorsecurities depositoryisappointed,theCitywillissueandtheRegistrarwillauthenticateBondcertificatesin accordancewiththisresolutionandtheprovisionshereofwillapplytothetransfer,exchangeandmethod ofpaymentthereof. 7.05.PaymentstoCede&Co.NotwithstandinganyotherprovisionofthisResolutiontothe contrary,solongasaBondisregisteredinthenameofCede&Co.,asnomineeofDTC,paymentswith respecttoprincipalof,premium,ifany,andinterestontheBondandallnoticeswithrespecttotheBond willbemadeandgiven,respectivelyinthemannerprovidedinDTC’sOperationalArrangements,asset forthintheRepresentationLetter. Section8.ContinuingDisclosure. 8.01.CityCompliancewithProvisionsofContinuingDisclosureCertificate.TheCityhereby covenantsandagreesthatitwillcomplywithandcarryoutalloftheprovisionsoftheContinuing DisclosureCertificate.NotwithstandinganyotherprovisionofthisResolution,failureoftheCityto complywiththeContinuingDisclosureCertificatewillnotbeconsideredaneventofdefaultwithrespect totheBonds;however,anybondholdermaytakesuchactionsasmaybenecessaryandappropriate, includingseekingmandateorspecificperformancebycourtorder,tocausetheCitytocomplywithits obligationsunderthissection. 8.02.ExecutionofContinuingDisclosureCertificate.“ContinuingDisclosureCertificate” meansthatcertainContinuingDisclosureCertificateexecutedbytheMayorandCityClerkanddatedthe dateofissuanceanddeliveryoftheBonds,asoriginallyexecutedandasitmaybeamendedfromtimeto timeinaccordancewiththetermsthereof. Section9.Defeasance.WhenallBondsandallinterestthereonhavebeendischargedas providedinthissection,allpledges,covenantsandotherrightsgrantedbythisresolutiontotheholdersofthe Bondswillcease,exceptthatthepledgeofthefullfaithandcreditoftheCityforthepromptandfull paymentoftheprincipalofandinterestontheBondswillremaininfullforceandeffect.TheCitymay dischargeallBondswhicharedueonanydatebydepositingwiththeRegistraronorbeforethatdateasum 434129v1MNIMN190-143 10 sufficientforthepaymentthereofinfull.IfanyBondshouldnotbepaidwhendue,itmayneverthelessbe dischargedbydepositingwiththeRegistrarasumsufficientforthepaymentthereofinfullwithinterest accruedtothedateofsuchdeposit. 434129v1MNIMN190-143 11 ExtractofMinutesofMeeting oftheCityCounciloftheCityof Monticello,WrightCounty,Minnesota Pursuanttoduecallandnoticethereof,aregularmeetingoftheCityCounciloftheCityof Monticello,Minnesota,wasdulyheldattheCityHallinsaidCityonTuesday,November12,2013, commencingat7:00 P.M. Thefollowingmemberswerepresent: andthefollowingwereabsent: ********* TheMayorannouncedthatthenextorderofbusinesswasconsiderationoftheproposalswhich hadbeenreceivedforthepurchaseoftheCity’sGeneralObligationWastewaterTreatmentBonds, Series2013B,intheaggregateprincipalamountof$________. TheCityAdministratorpresentedatabulationoftheproposalsthathadbeenreceivedinthe mannerspecifiedintheNoticeofSalefortheBonds.TheproposalsareattachedheretoasEXHIBIT A. Afterdueconsiderationoftheproposals,Member________thenintroducedtheattachedwritten resolution,thereadingofwhichwasdispensedwithbyunanimousconsent,andmoveditsadoption. ThemotionfortheadoptionoftheforegoingresolutionwasdulysecondedbyMember_________,and uponvotebeingtakenthereon,thefollowingvotedinfavorthereof: andthefollowingvotedagainstthesame: whereuponsaidresolutionwasdeclareddulypassedandadopted. A-1 434129v1MNIMN190-143 EXHIBITA PROPOSALS 434129v1MNIMN190-143 B-1 EXHIBITB FORMOFBOND No.R-_____UNITEDSTATESOFAMERICA$_________ STATEOFMINNESOTA COUNTYOFWRIGHT CITYOFMONTICELLO GENERALOBLIGATIONWASTEWATERTREATMENTBOND SERIES2013B Rate Maturity Dateof OriginalIssue CUSIP December 1,20__December 1,2013 RegisteredOwner:Cede&Co. TheCityofMonticello,Minnesota,adulyorganizedandexistingmunicipalcorporationin WrightCounty,Minnesota(the“City”),acknowledgesitselftobeindebtedandforvaluereceivedhereby promisestopaytotheRegisteredOwnerspecifiedaboveorregisteredassigns,theprincipalsumof $__________onthematuritydatespecifiedabove,withinterestthereonfromthedatehereofatthe annualratespecifiedabove,payableJune1andDecember1ineachyear,commencing December1,2014,tothepersoninwhosenamethisBondisregisteredatthecloseofbusinessonthe fifteenthday(whetherornotabusinessday)oftheimmediatelyprecedingmonth.Theinteresthereon and,uponpresentationandsurrenderhereof,theprincipalhereofarepayableinlawfulmoneyofthe UnitedStatesofAmericabycheckordraftbyU.S.BankNationalAssociation,St.Paul,Minnesota,as Registrar,PayingAgent,TransferAgentandAuthenticatingAgent,oritsdesignatedsuccessorunderthe Resolutiondescribedherein.Forthepromptandfullpaymentofsuchprincipalandinterestasthesame respectivelybecomedue,thefullfaithandcreditandtaxingpowersoftheCityhavebeenandarehereby irrevocablypledged. TheCitymayelectonDecember1,2021,andonanydaythereaftertoprepayBondsdueonor afterDecember1,2022.Redemptionmaybeinwholeorinpartandifinpart,attheoptionoftheCity andinsuchmannerastheCitywilldetermine.IflessthanallBondsofamaturityarecalledfor redemption,theCitywillnotifyTheDepositoryTrustCompany(“DTC”)oftheparticularamountof suchmaturitytobeprepaid.DTCwilldeterminebylottheamountofeachparticipant’sinterestinsuch maturitytoberedeemedandeachparticipantwillthenselectbylotthebeneficialownershipinterestsin suchmaturitytoberedeemed.Prepaymentswillbeatapriceofparplusaccruedinterest. TheCityCouncilhasdesignatedtheissueofBondsofwhichthisBondformsapartas“qualified tax-exemptobligations”withinthemeaningofSection265(b)(3)oftheInternalRevenueCodeof1986, asamended(the“Code”)relatingtodisallowanceofinterestexpenseforfinancialinstitutionsandwithin the$10millionlimitallowedbytheCodeforthecalendaryearofissue. ThisBondisoneofanissueintheaggregateprincipalamountof$________alloflikeoriginal issuedateandtenor,exceptastonumber,maturitydate,redemptionprivilege,andinterestrate,allissued pursuanttoaresolutionadoptedbytheCityCouncilonNovember12,2013(the“Resolution”),forthe 434129v1MNIMN190-143 B-2 purposeofprovidingmoneytoaidinfinancingvariousimprovementstothewastewatertreatmentfacility oftheCity,pursuanttoandinfullconformitywiththeConstitutionandlawsoftheStateofMinnesota, includingMinnesotaStatutes,Chapter475,asamended,andMinnesotaStatutes,Sections115.46and 444.075,andtheprincipalhereofandinteresthereonarepayableprimarilyfromthenetrevenuesofthe sanitarysewersystemoftheCityinaspecialdebtservicefundoftheCity,assetforthintheResolution towhichreferenceismadeforafullstatementofrightsandpowerstherebyconferred.Thefullfaithand creditoftheCityareirrevocablypledgedforpaymentofthisBondandtheCityCouncilhasobligated itselftolevyadvaloremtaxesonalltaxablepropertyintheCityintheeventofanydeficiencyinnet revenuespledged,whichtaxesmaybeleviedwithoutlimitationastorateoramount.TheBondsofthis seriesareissuedonlyasfullyregisteredBondsindenominationsof$5,000oranyintegralmultiple thereofofsinglematurities. ITISHEREBYCERTIFIEDANDRECITEDThatinandbytheResolution,theCityhas covenantedandagreedthatitwillcontinuetoownandoperatethesanitarysewersystemfreefrom competitionbyotherlikemunicipalutilities;thatadequateinsuranceonsaidsystemandsuitablefidelity bondsonemployeeswillbecarried;thatproperandadequatebooksofaccountwillbekeptshowingall receiptsanddisbursementsrelatingtotheSanitarySewerFund,intowhichitwillpayallofthegross revenuesfromthesanitarysewersystem;thatitwillalsocreateandmaintainaGeneralObligation WastewaterTreatmentBonds,Series2013BDebtServiceFund,intowhichitwillpay,outofthenet revenuesfromthesanitarysewersystemasumsufficienttopayprincipalhereofandinterestthereon whendue;andthatitwillprovide,byadvaloremtaxlevies,foranydeficiencyinrequirednetrevenuesof thesanitarysewersystem. AsprovidedintheResolutionandsubjecttocertainlimitationssetforththerein,thisBondis transferableuponthebooksoftheCityattheprincipalofficeoftheRegistrar,bytheregisteredowner hereofinpersonorbytheowner’sattorneydulyauthorizedinwritinguponsurrenderhereoftogether withawritteninstrumentoftransfersatisfactorytotheRegistrar,dulyexecutedbytheregisteredowner ortheowner’sattorney;andmayalsobesurrenderedinexchangeforBondsofotherauthorized denominations.UponsuchtransferorexchangetheCitywillcauseanewBondorBondstobeissuedin thenameofthetransfereeorregisteredowner,ofthesameaggregateprincipalamount,bearinginterestat thesamerateandmaturingonthesamedate,subjecttoreimbursementforanytax,feeorgovernmental chargerequiredtobepaidwithrespecttosuchtransferorexchange. TheCityandtheRegistrarmaydeemandtreatthepersoninwhosenamethisBondisregistered astheabsoluteownerhereof,whetherthisBondisoverdueornot,forthepurposeofreceivingpayment andforallotherpurposes,andneithertheCitynortheRegistrarwillbeaffectedbyanynoticetothe contrary. ITISHEREBYCERTIFIED,RECITED,COVENANTEDANDAGREEDthatallacts, conditionsandthingsrequiredbytheConstitutionandlawsoftheStateofMinnesotatobedone,toexist, tohappenandtobeperformedpreliminarytoandintheissuanceofthisBondinordertomakeitavalid andbindinggeneralobligationoftheCityinaccordancewithitsterms,havebeendone,doexist,have happenedandhavebeenperformedassorequired,andthattheissuanceofthisBonddoesnotcausethe indebtednessoftheCitytoexceedanyconstitutionalorstatutorylimitationofindebtedness. ThisBondisnotvalidorobligatoryforanypurposeorentitledtoanysecurityorbenefitunder theResolutionuntiltheCertificateofAuthenticationhereonhasbeenexecutedbytheRegistrarby manualsignatureofoneofitsauthorizedrepresentatives. 434129v1MNIMN190-143 B-3 INWITNESSWHEREOF,theCityofMonticello,Minnesota,byitsCityCouncil,hascaused thisBondtobeexecutedonitsbehalfbythefacsimileormanualsignaturesoftheMayorandCity AdministratorandhascausedthisBondtobedatedasofthedatesetforthbelow. Dated:December5,2013 CITYOFMONTICELLO,MINNESOTA (Facsimile)(Facsimile) MayorCityAdministrator _________________________________ CERTIFICATEOFAUTHENTICATION ThisisoneoftheBondsdeliveredpursuanttotheResolutionmentionedwithin. U.S.BANKNATIONALASSOCIATION By AuthorizedRepresentative _________________________________ ABBREVIATIONS Thefollowingabbreviations,whenusedintheinscriptiononthefaceofthisBond,willbe construedasthoughtheywerewrittenoutinfullaccordingtoapplicablelawsorregulations: TENCOM --astenantsincommon UNIFGIFTMINACT _________Custodian_________ (Cust)(Minor) TENENT --astenantsbyentireties underUniformGiftsorTransferstoMinors Act,Stateof_______________ JTTEN --asjointtenantswithrightof survivorshipandnotastenantsincommon Additionalabbreviationsmayalsobeusedthoughnotintheabovelist. ________________________________________ 434129v1MNIMN190-143 B-4 ASSIGNMENT Forvaluereceived,theundersignedherebysells,assignsandtransfersunto ________________________________________thewithinBondandallrightsthereunder,anddoes herebyirrevocablyconstituteandappoint_________________________attorneytotransferthesaid BondonthebookskeptforregistrationofthewithinBond,withfullpowerofsubstitutioninthe premises. Dated: Notice:Theassignor’ssignaturetothisassignmentmustcorrespondwiththenameasit appearsuponthefaceofthewithinBondineveryparticular,withoutalterationor anychangewhatever. SignatureGuaranteed: NOTICE:Signature(s)mustbeguaranteedbyafinancialinstitutionthatisamemberoftheSecurities TransferAgentMedallionProgram(“STAMP”),theStockExchangeMedallionProgram(“SEMP”),the NewYorkStockExchange,Inc.MedallionSignaturesProgram(“MSP”)orothersuch“signature guaranteeprogram”asmaybedeterminedbytheRegistrarinadditionto,orinsubstitutionfor,STAMP, SEMPorMSP,allinaccordancewiththeSecuritiesExchangeActof1934,asamended. TheRegistrarwillnoteffecttransferofthisBondunlesstheinformationconcerningtheassignee requestedbelowisprovided. NameandAddress: (IncludeinformationforalljointownersifthisBondis heldbyjointaccount.) Pleaseinsertsocialsecurityorotheridentifying numberofassignee ________________________________________ 434129v1MNIMN190-143 B-5 PROVISIONSASTOREGISTRATION TheownershipoftheprincipalofandinterestonthewithinBondhasbeenregisteredonthe booksoftheRegistrarinthenameofthepersonlastnotedbelow. DateofRegistration RegisteredOwner Signatureof OfficerofRegistrar Cede&Co. FederalID#13-2555119 434129v1MNIMN190-143 STATEOFMINNESOTA) ) COUNTYOFWRIGHT)SS. ) CITYOFMONTICELLO) I,theundersigned,beingthedulyqualifiedandactingCityAdministratoroftheCityof Monticello,Minnesota(the“City”),doherebycertifythatIhavecarefullycomparedtheattachedand foregoingextractofminutesofaspecialmeetingoftheCityCounciloftheCityheldonNovember12, 2013,withtheoriginalminutesonfileinmyofficeandtheextractisafull,trueandcorrectcopyofthe minutesinsofarastheyrelatetotheissuanceandsaleoftheCity’sGeneralObligationWastewater TreatmentBonds,Series2013B,intheaggregateprincipalamountof$________. WITNESSMyhandofficiallyassuchCityAdministratorandthecorporatesealoftheCitythis ______dayof________,2013. CityAdministrator Monticello,Minnesota (SEAL) 434129v1MNIMN190-143 STATEOFMINNESOTA COUNTYOFWRIGHT CERTIFICATEOF MANAGEROF PROPERTYRECORDSANDTAXATION ASTOREGISTRATIONWHERENO ADVALOREMTAXLEVY I,theundersignedCountyAuditor/TreasurerofWrightCounty,Minnesota,herebycertifythata resolutionadoptedbytheCityCounciloftheCityofMonticello,Minnesota(the“City”),on November12,2013relatingtotheCity’sGeneralObligationWastewaterTreatmentBonds, Series2013B,intheaggregateprincipalamountof$________,datedDecember1,2013,hasbeenfiledin myofficeandsaidobligationshavebeenregisteredontheregisterofobligationsinmyoffice. WITNESSMyhandandofficialsealthis____dayof__________,2013. ___________________________________ CountyAdministrator/Treasurer WrightCounty,Minnesota (SEAL) By_______________________________ Deputy New Issue: Moody's assigns A2 underlying and Aa2 enhanced ratings to Monticello, MN's $3.0M GO Bonds, Ser. 2013B Global Credit Research - 28 Oct 2013 Affirms A2 rating on GO and A3 rating on lease revenue debt; city has $24.5M GO and $2.0M lease revenue debt, post-sale MONTICELLO (CITY OF) MN Cities (including Towns , Villages and Towns hips) MN Moody's Rating ISSUE UNDERLYING RATING RATING General Obligation Wastewater Treatment Bonds, 2013B A2 Aa2 Sale Amount $3,000,000 Expected Sale Date 12/01/13 Rating Description General Obligation Moody's Outlook NOO Opinion NEW YORK, October 28, 2013 --Moody's Inv estors Service has assigned an A2 underly ing rating to the City of Monticello, MN's $3.0 million General Obligation Was tewater Treatment Bonds, Series 2013B. We hav e also as signed a Aa2 enhanced rating (MCE). The bonds are ultimately sec ured by an unlimited property tax pledge, although debt service is ex pected to be fully repaid by net revenues of the city's wastewater utility system. Bond proc eeds will be used to finance improvements to the city's was tewater treatment facility. Concurrently, Moody's has affirmed the A2 general obligation and A3 lease revenue ratings on the city's outstanding debt. Pos t sale, the city will have $24.5 million of general obligation debt outstanding, of which $24.0 million is Moody's rated, and $2.0 million of leas e revenue debt outstanding, all of which is Moody's rated. SUMMARY RATINGS RATIONALE The A2 rating reflects the city's satisfactory, though recently diminished financial position resulting in part from its multi-year support of a telecommunications enterprise. The city defaulted on its Telecommunications Revenue Bonds, Series 2008 (not rated) in 2012. The bonds were s olely secured by net revenues of the system and not a general obligation pledge of the c ity, nor did the city pledge any other of its general revenues to support the debt. The A2 rating additionally reflects the city's post-default dec ision to continue to operate the telecommunications enterpris e, which c ontinues to hav e deficit operations; moderately-sized tax base with significant tax payer concentration; and average debt burden. The one notc h distinction between the A3 lease revenue debt rating and the A2 GO rating reflects the risk of non- appropriation and the es sentiality of the project financed, which was construction of a city hall and c ommunity center. The Aa2 enhanced rating and stable outlook is based on the additional security provided by the State of Minnesota's Credit Enhancement Program (MCE) for cities and counties. STRENGTHS - Satisfac tory General Fund balance and liquidity despite declines in rec ent years - Fav orably located near Twin Cities of Minneapolis (rated Aa1/stable outlook ) and St. Paul (Aa1/s table outlook) - Substantial recent increase in full v alue due to major upgrades to nuclear power plant CHALLENGES - Large declines in General and Liquor Fund balances following a fisc al 2012 write off of outs tanding interfund loans, inc luding loans to the city's telecommunications utility - Substantial tax bas e concentration, with a nuclear power plant comprising 51% of assess ed v aluation - History of negativ e budget to actual res ults for telec ommunications enterprise operations and capital projects - Possibility of interruptions to settlement process with Trustee and bondholders of telecommunications revenue bonds, which could expos e the city to unforeseen liabilities DETAILED CREDIT DISCUSSION ENHANCED RATING BASED ON STATE AND STRONG PROGRAM MECHANICS The enhanc ed Aa2 rating and stable outlook is due to the additional security provided by the State of Minnes ota's Credit Enhancement Program for cities and counties. Under the Minnesota Credit Enhancement Program, qualified bonds are s ecured by the state's pledge of an unlimited appropriation from its General Fund should a city or county be unable to make debt service payments . The appropriation mechanis m allows for continuing unlimited advances from the s tate's General Fund to avert default on a qualified series of bonds for a city or county participating in the program. City or county repayment is either from the state aid withholding or from a property tax levy. The mec hanics of the program require a city or county to complete an applic ation for each specific bond iss ue and sign a loan agreement with the Public Facilities Authority (PFA), the program's adminis trative agenc y. The agreement spec ifies that monies s ufficient to make debt service payments must be deposited with the paying agent three days prior to the debt servic e due date. If there is a defic iency, the paying agent must notify the state's Commiss ioner of Finance two days prior to the due date. Moody's believes the program is strengthened by the additional requirement (included in the agreement) that the city or county must notify the PFA at least 15 days prior to a debt servic e due date if it will be unable to mak e all or a part of a debt service pay ment. Moody 's has received a copy of the program applic ation submitted to the s tate. The enhanced rating has been ass igned with the ex pectation that the state will approve the city's application. PAYMENT DEFAULT ON TELECOMMUNICATIONS REVENUE BONDS; SETTLEMENT WITH BONDHOLDERS IS PENDING COURT APPROVAL; DEFICIT OPERATIONS OF TELECOMMUNICATIONS UTILITY ARE CONTINUING The city is sued $26.4 million of telecommunications rev enue bonds in 2008 for construction of a broadband communic ations s ystem intended to provide city residents with an improv ed s ervice alternative to the existing private sec tor provider. The project bonds were approved by a referendum that garnered 74% voter support. The city's telecommunic ations enterprise suffered due to private competition within the local market and the c ity's enterpris e was unable to generate sufficient revenues to be s elf supporting. Just prior to the iss uance of the bonds, the private provider filed a lawsuit challenging the legality of the city's bond is sue. While the c ity ultimately prev ailed in the lawsuit and won a monetary judgment, the litigation delay ed c onstruction of the city's project for one year, giving the private sector competition time to make serv ice improvements and enabling it to retain a large portion of its market share. The city's telecommunic ations utility's market share and operating revenues have remained well below original projections, leading to ongoing deficit operations. The City of Montic ello opted to cover the telec ommunications enterprise's deficit operations and debt s ervice requirements with other city resources. As of fiscal 2011, the telecommunic ation fund had outstanding interfund loans of $3.1 million from the Liquor Fund and $323,000 from the General Fund. Approximately $1.1 million of additional support was provided to the enterpris e during fisc al 2012, largely from various non-major gov ernmental funds. All accumulated loans to the enterprise were written off in fiscal 2012, resulting in declines in fund balances of the supporting funds. The interfund loans that supported the enterpris e through fiscal 2012 enabled the trustee, Wells Fargo Bank , N.A. (senior unsecured rated Aa3 with a stable outlook) to make the first two debt service payments on the bonds, which were due Dec ember 1, 2011 and June 1, 2012. On June 6, 2012 the city notified the trustee that it would no longer mak e monthly sinking fund pay ments from supplemental sources. A tec hnical default occurred on July 1, 2012, when the city failed to mak e the sinking fund payment. On December 1, 2012, the first payment default oc curred, as the Trustee opted not to tap the $3.3 million in the bond res erve funds in order to make an $883,000 interes t payment due on that date. A second non-payment default occurred on June 1, 2013, when an $883,000 interes t and $85,000 principal payment was not made. Under the threat of litigation from bondholders, the c ity entered into a tolling agreement with the trustee on April 1, 2013 in order to permit time for good faith negotiations toward a s ettlement agreement. On October 2, 2013 the city and Trustee, on behalf of bondholders , entered into a settlement agreement whereby the c ity would pay a $5.8 million settlement (22% of original par) in exchange for release from all future debt serv ice requirements on the bonds, release from any future claims from bondholders and the ability to continue to own and operate the telecommunic ations enterprise. The settlement agreement is awaiting approval by state and federal courts. While bondholders have the option to opt out of the settlement agreement and purs ue damages independently, that sc enario is unlik ely given that the largest inv estors have s tated their s upport of the agreement and smaller investors would have limited net gains given they would be respons ible for their litigation costs. On an operating basis, the telecommunications enterprise has c ontinued to require sizeable outside support. In fiscal 2013 year-to-date, the city has supported the enterpris e with cash transfers of $210,000 from the Capital Revolving Fund and $550,000 from the Liquor Fund. Of that amount, $390,000 was for one time equipment needs, with the remaining $370,000 for operations. Management expects $100,000 of additional support from the Liquor Fund for operations through the end of fiscal 2013. Going forward, officials project max imum annual enterprise support will be limited to a $350,000 transfer for operations from the Liquor Fund, based on cost-cutting meas ures and sy stem improvements to increas e customer accounts. We note, however, cus tomer accounts continue to decline, with customer accounts declining by 3.4% in 2012 and an additional 3% through the end of June 2013. Continued declines in c ustomers may require outside support of the enterprise beyond what is currently contemplated. In retrospect, the city's 2008 dec ision to proc eed with the enterprise financing in the fac e of the litigation was perhaps incautious , given the s ubsequent projec t delay s and loss of competitive position. Notably, however, the default its elf has limited implications on the c ity 's overall credit quality given that the c ity had made no legal or other promis e to pay debt serv ice from any source other than pledged enterprise net revenues. Looking forward, the city's more recent decision to c ontinue to operate the enterpris e despite its sustained need for external support means that the city will have to continue to c ontend with ris ks of future operating loss es and the actions of its competitor. Any increased support of the enterpris e, particularly from the General Fund, could reflect increased credit risk. STILL SATISFACTORY GENERAL FUND RESERVES, DESPITE SUBSTANTIAL DECLINES Monticello's financial profile is expec ted to remain sound due to the pres ence of satisfactory General Fund res erves, des pite a sizeable decline in fiscal 2012 following the write off of outstanding interfund loans. In fiscal 2011, the c ity's General Fund balance totaled $4.4 million, or a healthy 66.8% of revenues. The General Fund net cash position was $2.9 million, or a satisfactory 43.5% of revenues. The sizeable difference between fund balance and liquidity was due to outstanding interfund loans at the end of fiscal 2011. In addition to a $323,000 loan to the telecommunic ations utility, the General Fund had a $2.0 million loan outstanding to a c apital projects fund to c over cost overages in an I-94 interchange cons truction project. The fis cal 2012 starting General Fund balanc e was s ubsequently res tated to $5.0 million due to an accounting adjustment for escrow deposits in prior periods. Reflecting the $2.3 million loan write off, partially offset by pos itiv e rev enue varianc es for delinquent tax collec tions and a one-time insuranc e payment, the General Fund balance declined by $1.5 million, bringing total fund balanc e to $3.5 million, or a s till satisfactory 47.6% of revenues. General Fund cash was in a similar position at $3.6 million, or a comparable 49.0% of revenues . The fiscal 2012 fund balance meets the city's formal policy to maintain General Fund reserves at 45% of operating expenditures . Officials report that year to date General Fund operations are balanc ed and they also ex pected balanced General Fund operations for fiscal 2014. The largest s ource of General Fund revenues is property taxes, which comprised 78.4% of revenues in fiscal 2012. The c ity has a strong performing liquor enterprise. The enterprise generated $604,000 operating inc ome, net of depreciation, in fis c al 2012, in alignment with prior years' performance. Going forward, management expects the Liquor Fund to provide up to $350,000 of s upport annually to the telecommunications enterprise. MODERATELY-SIZED TAX BASE FAVORABLY LOCATED ALONG I-94 NEAR TWIN CITIES; SIGNIFICANT TAX BASE CONCENTRATION The city's tax base value is expected to be stable over the mid-term given its fav orable location near the Twin Cities and the long term presence of its largest taxpayer, a nuclear power plant. Located 40 miles northwest of Minneapolis along Interstate 94, Monticello is midway between St. Cloud (Aa2) and the Twin Cities. The city's tax base is valued at $1.4 billion, based on its Ec onomic Mark et Value in asses sment year 2012. Following a trend of declines in tax base v alue that was relatively moderate in comparison to the Twin Cities metropolitan area as a whole, the city's tax bas e grew s harply in 2012. Approximately $587 million of power enhanc ements at the city's largest taxpayer, the Xcel Energy (senior unsecured rated Baa1 with stable outlook) at Monticello Nuclear Station drov e a 16.3% increas e in the city's assessed value in 2012. The 600 megawatt nuclear s tation comprises a substantial 51.2% of the city's assess ed v alue and employs approx imately 2,000 during peak refueling and maintenance periods and 450 during normal operating periods. The plant, opened in 1970, has had stable operations and is licensed to operate through 2030. The plant's expected long-term pres ence, reinforced by its decision to undergo substantial plant upgrades recently , somewhat mitigates the risks inherent in tax base concentration of this size. Wright County's July 2013 unemployment rate of 4.8% was on par with the state's rate of 5.1% and well below the nation's rate of 7.7% for the s ame time period. The city 's wealth indicators trend just abov e the state and nation, with its median family inc ome at 116.9% of the nation and 103.2% of the s tate based on 2006 to 2010 es timates from the American Community Survey. AVERAGE DEBT BURDEN NET OF TELECOMMUNICATIONS BONDS At 1.1% and 2.3% of full valuation, Monticello's direct and overall debt burdens are average. These figures only include tax or General Fund supported debt and do not include the $26.4 million of outstanding telecommunications rev enue bonds that are in default. A pending settlement agreement with the Trustee and bondholders will require the city to pay a $5.8 million settlement in exchange for release from all future claims and in order to retain the ability to continue to own and operate the telecommunications enterprise. The city plans to financ e the settlement payment via the is suance of General Obligation judgment bonds in early 2014. Additionally, the city may iss ue up to $4 million of General Obligation bonds for road and overpass projects in 2014. Based on current full valuation, the issuance of this debt would increase the direct debt burden to 1.8%. Principal amortization on the city's General Obligation debt is rapid, with 95.8% retired in 10 y ears. All of the city's debt is fixed rate and it has no ex posure to deriv ative or swap c ontracts. Monticello has a below average employee pension burden, based on unfunded liabilities for its participation in two multiple-employer cost-sharing plans administered by the state, the General Employees Retirement Fund (GERF), Public Employees Police and Fire Fund (PEPFF), and one single employer plan, the City of Monticello Fire Relief Association. Based on actuarial funding data, the city's share of the three plans' unfunded pens ion liabilities totals $3.0 million as of June 30, 2011. In 2011, the city contributed $191,000 to GERF, $58,000 to PEPFF and $73,000 to the Fire Relief As sociation. In total, the city's $322,000 of c ontributions equated to a modest 2.7% of operating rev enues. Moody 's adjusted net pens ion liability (ANPL) for the city, under our methodology for adjusting reported pension data, is $8.2 million, or 0.70 times operating revenues. This figure compares favorably to a median of approximately 1.0 times for rated loc al governments. Moody's ANPL reflects certain adjustments we make to improv e the comparability of reported pension liabilities. The adjustments are not intended to replac e the city's reported liability information, but to improv e comparability with other rated entities . We determined the city's share of liability for GERF and PEPFF in proportion to its contributions to the plans. WHAT COULD MOVE THE RATING UP -Significant expansion and div ersification of the city's tax base -Maintenance of satisfactory General Fund liquidity and fund balanc e -Sustained improv ement in the performance of the telecommunications enterprise WHAT COULD MOVE THE RATING DOWN -Material reduction of res erves in the General Fund, or government-wide -Sizeable tax bas e erosion -Need for outside support of telecommunications enterpris e in ex cess of what is currently contemplated KEY STATISTICS: 2010 Census population: 12,759 (62.2% increase since 2000) 2012 Full valuation: $ 1.4 billion Direct debt: 1.1% of full value Overall debt: 2.3% Payout (10 yrs): 95.8% Fiscal 2012 General Fund balance: $3.5 million (47.6% of General Fund rev enues) Wright County Unemployment Rate (July 2013): 4.8% Median family income: 116.9% of the nation and 103.2% of the s tate General obligation debt outstanding: $24.5 million Lease revenue debt outs tanding: $2.0 million Moody 's adjusted net pens ion liability : 0.70 times operating revenues PRINCIPAL METHODOLOGY The principal methodology used in rating the general obligation debt was General Obligation Bonds Is s ued by US Local Gov ernments published in April 2013. The princ ipal methodology used in rating the lease revenue debt was The Fundamentals of Credit Analysis for Lease-Backed Munic ipal Obligations published in Dec ember 2011. The principal methodology us ed in the enhanc ed rating was State Aid Interc ept Programs and Financings: Pre and Post Default published in July 2013. Pleas e see the Credit Policy page on www.moodys.c om for a copy of these methodologies. REGULATORY DISCLOSURES For ratings is sued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a s ubsequently iss ued bond or note of the same s eries or c ategory/c lass of debt or pursuant to a program for whic h the ratings are derived exclusively from existing ratings in acc ordance with Moody's rating practices . For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating ac tion for s ecurities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement prov ides certain regulatory disclosures in relation to the provisional rating as signed, and in relation to a definitiv e rating that may be assigned subsequent to the final iss uance of the debt, in each case where the trans action struc ture and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com. Regulatory disclosures contained in this press release apply to the credit rating and, if applic able, the related rating outlook or rating review. Please s ee www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating. Please s ee the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each c redit rating. Analysts Andrea Stenhoff Lead Analyst Public Finance Group Moody 's Inves tors Service Hetty Chang Additional Contact Public Finance Group Moody 's Inves tors Service Contacts Journalists: (212) 553-0376 Research Clients : (212) 553-1653 Moody 's Inves tors Service, Inc . 250 Greenwich Street New York, NY 10007 USA © 2013 Moody's Investors Serv ice, Inc. and/or its licensors and affiliates (collectively, "MOODY'S"). All rights reserved. CREDIT RATINGS ISSUED BY MOODY'S INVESTORS SERVICE, INC. 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MOODY'S credit rating is an opinion as to the creditworthiness of a debt obligation of the issuer, not on the equity securities of the iss uer or any form of security that is av ailable to retail c lients. It would be dangerous for retail clients to make any investment decision based on MOODY'S c redit rating. If in doubt you should contact your financ ial or other professional adviser. CityCouncilAgenda:11/12/13 1 8.ConsiderationofapprovingtheFourthAddendumtotheMemorandumof UnderstandingbetweenWrightCounty,CityofMonticello,andYMCAofGreater TwinCitiesincludinggroundleaseagreementandoperatingagreementexhibits (AS) A.REFERENCEANDBACKGROUND: TheCityCouncilisaskedtoconsiderapprovaloftheFourthAddendumtothe MemorandumofUnderstandingfortheBertramChainofLakesRegionalParkproject, includingitsexhibits,whicharetheGroundLeaseandOperatingAgreementforYMCA CampManitou. Approvaloftheseagreementswillaccomplishthefollowing: EnablesYMCACampManitoutoshiftfromthesouthwestcornerofthesite,as identifiedintheoriginalacquisitionplan,toamorecentrallocationatthe northernsideofBertramandLongLake. EstablishesunderstandingsbetweentheYMCAandCity/Countyallowing City/CountyuseofCampManitoufacilitiesatthecentrallocation. Establishesguidingprinciplesandaprocessforguidinglongtermoperationand developmentofCampManitoutomaximizeuseofthepropertytothebenefitof thepublicasparticipantsinYMCAprogramsand/orascitizensusingtheBertram ChainofLakesPark. AllowstheCityandCountytoutilizeawardedgrantfundsandmoveforward withpurchaseofsignificantsectionsofpropertyforthepark. TheCityCouncilpreviouslyapprovedgrantmatchfundingfortheBertramChainof LakesPhaseIVacquisitioninFebruaryof2012andPhaseIVpurchaseandshareduse agreementsinJanuaryof2013.However,thePhaseIVacquisitioncouldnotbe completeduntiltheMOUaddendumandassociatedagreementspertainingtothe developmentandleasingofYMCACampManitouwereresolved. Therefore,theCity,WrightCountyandtheYMCA,withtheBCOLNegotiationsTeam (MayorHerbst,CouncilmemberPosusta,CountyCommissionersSawatzkeand Daleiden)andtheBCOLAdvisoryCouncil,haveworkedoverthelast10monthsto developtheMOUandexhibitagreements.Manyofthediscussionissuesrelatedtothe bestwaytodevelopacooperativerelationshipwhichrespondstochangesarisingover theleaseterm,setat99yearsintheoriginalMOU. ThethreedocumentspresentedforCouncilreviewrepresentaconsensusofthese representativesontheagreementsandtheirterms.Theagreementsrepresentthe partnershipasconceptuallyenvisionedintheoriginaltermsofthepurchase. AsummarizationoftheFourthAddendumtotheMOU,theGroundLease,andthe OperatingAgreementfollows. CityCouncilAgenda:11/12/13 2 TheFourthAddendumtoMemorandumofUnderstanding TheFourthAddendumtotheMOUprovidesanupdatedagreementwhichmemorializes pastpurchases,purchasetermsandprice,andrequiredacquisitionagreements. TheoriginalMOUfortheBertramprojectwasapprovedbytheCityinNovember of2008. o TheMOUoutlinedthephasedpurchaseofpropertyatBertramLakesand setsafinalpurchasepricefortheapproximately1,200acresofpropertyat $20.5million. TheproposedfourthaddendumtotheMOUcontinuestoprovideforphased purchaseandpurchasepriceasoriginallyestablished. o AstheCity/Countyhavesecuredgrantfunds,someoftheoriginalparcels numbered1-12,havebeendividedinordertobuythemaximumamount oflandpossiblewithgrantfundsandstillmaintaincontiguity.Thisleads toparceldescriptionssuchas“7B”and“5A”. Thefourthaddendumincludesaslightlyadjustedorderofparcelacquisitionto betterreflectappraisalvaluesforindividualparcels,parceldivisions,and availablegrantopportunities. Theaddendumextendsthetermofacquisitionforthebalanceoftheproperty throughtheendof2014. TheCity/Countyexclusivepurchaserightremainsintact. ReferencestheAmendedandRestatedSharedUseAgreement(previously approvedbytheCityCouncil)andtheusesasagreedtointhatdocument. Theaddendumdescribesbothexhibitstothedocument,theGroundLeaseandthe OperatingAgreement. TheGroundLeaseandOperatingAgreementwillbecomeindependent agreementsrequiringapprovalandexecutionaspartofthePhaseVexecution. ExhibitAtotheFourthAddendumtotheMOU-GroundLease TheGroundLeaseexhibittotheMOUprovidesthetermsbywhichtheCityandCounty willleasethe12.42acresoftheregionalparkbacktotheYMCAforthedaycampandits physicalimprovements.TheGroundLeasewillrequireformalapprovalandexecutionas partofPhaseVacquisitionofParcels7Band5A. Uponacquisitionofnotedparcels,WrightCountyandtheCityofMonticellowill becometheLandlordandtheYMCAoftheGreaterTwinCitieswillbecomethe Tenantoftheleasedarea. YMCAwilllease12.42acresoftheregionalpark.Theleaseareahasbeenlegally describedandsurveyed.The12.42acresisreferredtothroughoutthedocumentas “ThePremises”. CityCouncilAgenda:11/12/13 3 TheGroundLeaseincludesitsownexhibits,whichare: A.Illustrationof“TheProperty”–theplannedregionalparkarea B.Illustrationof“ThePremises”–illustrationoftheleasedareaandthe plannedsiteimprovementsanddescriptionofeachoftheimprovements on“ThePremises”,includinginformationonshareduses C.Legaldescriptionandcertificateofsurveyfor“ThePremises” D.Descriptionof“AdditionalPremises”–providesdetailonotherareasor improvementson“TheProperty”,whichmaybebeyondthe“Premises” andwhichmaybesharedbytheYMCA(ie.parkaccessroads,beach) Termofleaseis99years,withoptiontorenewuponagreementofparties. Tenant’sprimaryuseoftheleasedareaistheoperationofitsdayCampManitou program,whichwillbeoperatedweekdaysduringthesummermonths. o “Summermonths”terminologyallowstheYMCAtoadjustthecampbasedonthe schoolcalendar,whichismaychangeduringthe99yearleaseterm o Thecurrentcamphoursare8:00a.m.through5:00p.m.,MondaythroughFriday. SomeoftheimprovementsconstructedbytheYMCAintheleasedareamaybeused bythepublicwhencampisnotoperating-specificallytheopen-airfacilities. Openingofothersecuredfacilitiestopublicusewillbesubjecttotheagreementof thethreepartiesviathetermsoftheoperatingagreement. TheYMCAastenantmustkeeptheimprovementsmadeontheleasedareaingood order,condition,andrepair. TheGroundLeasenotesthattheYMCAcurrentlyownsthelandonwhichthefuture campwillbelocatedandleased.TheYMCAisalreadymakingimprovementstothis areaconsistentwithaconditionalusepermitforinitialdaycampimprovements, issuedbyWrightCounty. o BeyondtheinitialCUPimprovements,theagreementrecognizesthattheYMCA willthenleasetheareabeforemanyofthemoresubstantialimprovements illustratedin“ThePremises”exhibitaremade.Whenthoseimprovementsare made,thethreepartiesagreetocooperateonthelayoutanddesign. Theagreementassignsmaintenanceresponsibilitiesforroadsandparkingareasboth beforedevelopmentoftheregionalparkandafter. Theleaseincludesrequiredlanguageforindemnity,leaserental,utilityconnections, andarbitrationofconflict. ExhibitBtotheFourthAddendumtotheMOU–OperationsAgreement Theoperatingagreementspecifiestheday-to-daymanagementstructurebetweenthe threeparties,andoutlinesadecision-makingframeworkforprogramsandimprovements beyondthoseinitiallyapprovedintheGroundLeasefortheYMCAdayCampManitou. CityCouncilAgenda:11/12/13 4 OperatingAgreementwillrequireformalapprovalandexecutionaspartofPhaseV acquisitionofParcels7Band5A. OperatingAgreementrestatestheinitialdaycampoperationwindowassummer months,Mondaythrough-Friday,8AM-5PM,andidentifiestheinitialsiteplanfor CampManitouimprovements. TheoperationandgovernanceoftherelationshipbetweentheYMCAandtheCity andCountywillbeguidedbyasetofcorevalues,whicharereferredtoas“Guiding Principles.” InadditiontoconsistencywiththeGuidingPrinciples,considerationofrequestsfor changesoradditiontotheCampManitouprogramsand/orimprovementswillrequire thattheYMCAdemonstratetotheCityandCountythatthechangesmeetasetof specificcriteria.Theseincludecriteriarelatedtonoise,traffic,security,etc. Theoperatingagreementincludesaformalprocessforthereviewandapprovalof suchmodifications.ModificationsrequirerecommendationbytheBertramChainof LakesAdvisoryCouncilandtheapprovaloftheCityCouncilandCountyBoardof Commissionersatthepresenttime. OnNovember1st,2013,theBertramChainofLakesAdvisoryCouncilrevieweddraftsof theFourthAddendumtotheMOU,theGroundLeaseandtheOperatingAgreement. YMCArepresentativeswerepresenttorespondtoquestionsfromtheAdvisoryCouncil onthedocuments.Duringthemeeting,theYMCAindicatedthattheywouldacceptthe lastlanguagerevisionsrecommendedbytheAdvisoryCouncilandNegotiationsTeam. TheBertramChainofLakesAdvisoryCouncilthereforerecommendedtheapprovalof theFourthAddendumtotheMOU(6-0votecountwithoneabstention),approvalof ExhibitA-GroundLease(7-0votecount)andapprovalofExhibitB-Operating Agreement(7-0votecount),eachsubjecttorevisionsasnotedduringtheNovember1st meeting. TheCityAttorneyhasreviewedthethreedocumentsproposed,ashastheCounty Attorney.Bothfindthetermsandlanguageacceptableaswritten.TheYMCA’sBoard ofDirectorsandattorneyhavereviewedandapprovedthedrafteddocuments. TheWrightCountyBoardofCommissionerswillconsidertheFourthAddendumtothe MOUanditsexhibitsforapprovalonNovember12th,2013. AclosingforthePhaseIVacquisitionwillbescheduledforDecember2013,pending finalCouncilandCountyapprovaloftheMOUwithexhibits.ThePhaseIVpurchaseis approximately140landandwateracresandincludesParcels9,10and12.Parcels9and 10liesalongthewestsideoftheplannedparkandincludealargeportionofBertram Lake.Parcel12liestothesouthofBertramLakeandincludestheareatheYMCA currentlyusesforstablingitshorsesduringdaycampoperations. Theacquisitionofthisacreageputstheregionalparkatalmost640acres,oroverhalfof thetotalplannedparkarea. CityCouncilAgenda:11/12/13 5 A1.BudgetImpact:Financingofthegrantmatchforthispurchasewasapproved underseparateCouncilactioninFebruaryof2012.Fundingwasallocatedfrom theConsolidatedBondFund,whichhadacashbalanceof$385,295.87atthetime ofthematch.Basedonthecombinedgrantawardamountof$833,333andthe revisedappraisalofparcels,theCityandCountyhavebothcommitted$212,000 forthePhaseIVpurchase,whichincludesthepropertyacquisitioncostof $204,000,andappraisalandclosingcosts. A2.StaffWorkloadImpact:Staffworkloadimpacthasincludedthereviewofthe includeddocuments,estimatedat20hours.Attorneycostshavealsobeen expendedforthedevelopmentandreviewofthesedocuments.Anadditional1-2 hoursisanticipatedforclosingarrangements. Ifauthorized,itisalsoanticipatedthattherewillbeasmallamountoftimeonthe partoftheParksDepartmentinassistingWrightCountyinre-signingtheproperty lineandminoron-sitemaintenancework. B.ALTERNATIVEACTIONS: 1.MotiontoapprovetheFourthAddendumtotheMemorandumofUnderstanding betweenWrightCounty,CityofMonticello,andYMCAofGreaterTwinCities; includingExhibitA-GroundLeaseandExhibitB-OperatingAgreement. 2.MotiontodenyapprovaloftheFourthAddendumtotheMemorandumof UnderstandingbetweenWrightCounty,CityofMonticello,andYMCAof GreaterTwinCities,includingexhibits,atthistime. C.STAFFRECOMMENDATION: CitystaffrecommendsAlternative#1forapprovalofthethreedocumentsasdrafted. Thedocumentsreflecttheworkandeffortsofmanytoreachconsensusonarelationship frameworkbetweentheCityofMonticello,WrightCountyandtheYMCA.This relationshipwillexistforthenext99years.Accordingly,theagreementsrepresenta long-rangevisionforcollaborationandpartnershiptothebenefitoftheparkandforthe varietyofcommunitiesandpeopletheparkwillserve.Theagreementscreatenecessary structureandprocesswhichallpartiescanrelyon,whileofferingtheflexibilitytoallow boththeregionalparkandCampManitoutocontinuetoevolvetomeettheneedsof thosetheyserve. ContinuingtoacquirepropertyatBertramLakesisconsistentwiththestatedgoalsinthe 2008ComprehensivePlan,theadoptedParkandPathwayPlan,andtherecentlyadopted CapitalImprovementPlan. CityCouncilAgenda:11/12/13 6 TheauthorizationisalsoconsistentwithCouncil’spreviousactionsrelatedtothePhase IVmatchofgrantfundsandapprovaloftheAmendedandRestatedSharedUse AgreementandpurchaseagreementforPhaseIV. D.SUPPORTINGDATA: A.FourthAddendumtotheMOU(WrightCounty,CityofMonticello&the YMCAoftheGreaterTwinCities) B.ExhibitAtotheFourthAddendumtotheMOU–GroundLease C.ExhibitBtotheFourthAddendumtotheMOU–OperatingAgreement D.BertramChainofLakesParcelAcquisitionMap(original) E.BertramChainofLakes2013OwnershipandAcquisitionMap FOURTH ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WRIGHT, THE CITY OF MONTICELLO AND YOUNG MEN’S CHRISTIAN ASSOCIATION OF THE GREATER TWIN CITIES RE: YMCA/BERTRAM LAKE REGIONAL PARK PROJECT This document is the Fourth Addendum to a Memorandum of Understanding dated December 16, 2008 (the “MOU”) between the County of Wright, (hereinafter referred to as “County”), the City of Monticello, (hereinafter referred to as “City”), (both collectively referred to as “Buyers”), and Young Men’s Christian Association of the Greater Twin Cities (hereinafter referred to as “YMCA and as “Owner”). RECITALS The Buyers and Owner previously made addenda to the MOU: a First Addendum to Memorandum of Understanding dated December 16, 2008 (the “First Adden dum”), a Second Addendum to Memorandum of Understanding dated June 10, 2010 (the “Second Addendum”) and a Third Addendum to the Memorandum of Understanding dated December 13, 2011 (the “Third Addendum”) in order to accommodate revisions to the parcel descriptions and the schedule for closing the incremental transactions. The Parties seek to continue to pursue the purchase and sale of the Property for the sum of $20,500,000.00 as described in the MOU (as modified by the First Addendum, Second Addendum, and Third Addendum) and to continue to collaborate in using the Property for programs to provide opportunities for youth, teens, and families for outdoor environmental and recreational experiences. It is the intent of Buyers and Seller that the MOU as modified by the First Addendum, Second and Third Addendum remains in full force and effect except as modified by this Fourth Addendum. This Fourth Addendum is made for the purposes of further revising the parcel descriptions and the schedule for closing the incremental transactions as well as providing a framework for the continuation of the YMCA programs during the transition of the Property from private to public ownership as the incremental transactions occur. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Incremental Transactions: Paragraph 5 of the MOU addresses incremental transactions, and indicates the order in which such transactions are to occur. Each transaction is to be the subject of a separate Definitive Agreement. The fourth incremental transact ion just completed provided for the conveyance of Parcels 9, 10 and 12. Accordingly, Paragraph 5 of the MOU shall now be modified to reflect that the incremental transactions will be closed and completed in the following order and will include such segments of the Property as are identified below. 1. Parcels 5A, 6 and 11, purchase completed December 2008. 2. Parcel 5B, purchase, completed June 2010. 3. Parcel 7A, purchase, completed November 2011 4. Parcels 9, 10 and 12, completed December 2013 5. Parcels 7B, 1A, 5C, 8 scheduled for June 2014 6. Parcel 4 7. Parcels 1B, and 2 8. Parcel 3 Interim Property Use Agreement: An integral component of the agreement to transfer the Property in incremental transactions is the agreement that, as the Property transitions from the exclusiv e ownership and operation of the YMCA Camp Manitou and related programs to ownership and management by Buyers and various parcels are no longer owned by YMCA, certain assets, features and facility components would continue to be made available to the YMCA on an interim basis until the completion of all of the incremental transactions contemplated by the MOU and addenda. At the time of the closing of the fourth incremental transaction for Parcels, 9, 10 and 12 (segment 4 described above), the Owner and Buyers will have simultaneously entered into the Amended and Restated Shared Use Agreement dated ____________providing for use of facilities on parcels 7A and 12 until the YMCA Camp Manitou programs are relocated in accordance with the Ground Lease described i n the MOU. Total Cash Price: Paragraph 10 of the MOU addresses the total cash price to be paid by the Buyers to the YMCA for all parcels. The Parties reaffirm their intention that the purchase and sale of the Property shall be for a total price of $20,500,000.00 allocated among the segments of parcels as described herein. For the purpose of this ongoing agreement and the transactions contemplated herein the Total Cash Price is allocated among the parcels as follows: Parcel Market Value Allocation 1A, 8B $1,004,000 1B, 2 $1,249,911 3 $3,550,000 4 $3,673,000 5C,7B, 8A $2,807,000 SUBTOTAL $12,283,911.00 5A, 6, 11 $3,600,000 5B $1,099,256 7A $2,275,500 9, 10, 12 $1,241,333 TOTAL $20,500,000 The parties have reviewed an appraisal document which opines that the total value of the Property is $13,131 greater than the above allocations. Accordingly, the allocated price of a future incremental transaction shall be adjusted to account for that differential. Camp Manitou Operations: As the incremental transactions occur and plans develop for the framework for the continuation of the YMCA programs during the transition of the Property from private to public ownership , the Buyers have entered into an Amended and Restated Shared Use Agreement with the YMCA for continuation of its Camp Manitou programs using such facilities as are integral to operations including: 1. Continuation of the use of the facilities located on Parcel 7A . 2. Operation of the horseback riding program and related facilities on Parcel 12 including the horse barn and corral, and designated horseback riding trails, through the year 2015. all of which is done on an interim basis only under the terms as agreed in th e Amended and Restated Shared Use Agreement. 99 Year Lease Agreement The parties have negotiated the principal terms of a lease agreement for the operation of YMCA Day Camp Manitou within Bertram Chain of Lakes Regional Park and agree that the terms of the lease, attached as Exhibit A will be incorporated into the development of the park. The terms of the lease reflect the concept plan for YMCA Day Camp Manitou within Bertram Chain of Lakes Regional Park and govern use occupancy operations maintenance and programming of the YMCA Day Camp Manitou. The parties agree that each will, as part of the transfer of ownership of the parcel affected, execute a lease upon the terms described in the attached lease, Exhibit A. Operating Agreement The parties have negotiated the Operating Agreement for the operation of YMCA Day Camp Manitou within Bertram Chain of Lakes Regional Park and agree that the terms of the Operating Agreement, attached as Exhibit B will be incorporated into the development and operation of the park. The terms of the Operating Agreement reflect the concept plan for YMCA Day Camp Manitou within Bertram Chain of Lakes Regional Park and govern use, occupancy, operations, maintenance and programming of Bertram Chain of Lakes Regional Park and the YMCA Day Camp Manitou. Closing Date: Paragraph 13 of the MOU addresses the initial closing date and end date of this MOU. The purchase and sale of each segment shall close as described in the Definitive Agreement for each segment. Term of Future Purchase Option. Paragraph 15 of the MOU would have the purchase opportunity terminate on December 31, 2013. The Parties agree to extend that deadline one year, until December 31, 2014. SIGNATURE PAGE FOLLOWS In witness whereof this Fourth Addendum is executed by the parties as follows: Dated: ________________________ COUNTY OF WRIGHT _______________________________ Chairperson, County Board _______________________________ County Coordinator Dated: _________________________ CITY OF MONTICELLO _______________________________ Mayor ________________________________ City Administrator Dated: _________________________ YOUNG MEN’S CHRISTIAN ASSOCIATION OF THE GREATER TWIN CITIES __________________________________ Glen Gunderson, President and Chief Executive Officer __________________________________ Gregory W. Waibel, Chief Financial Officer EXHIBIT A OF the 4th ADDENDUM TO THE MOU RESERVED FOR RECORDING LEASE BETWEEN The County of Wright and the City of Monticello, Minnesota, as Landlord AND The YMCA of the Greater Twin Cities, as Tenant FOR PREMISES LOCATED AT: BERTRAM CHAIN OF LAKES REGIONAL PARK MONTICELLO, WRIGHT COUNTY, MINNESOTA 2. LEASE This LEASE (the “Lease”) is made and entered into as of <________> (the “Commencement Date”), between the County of Wright a Minnesota Political Subdivision and the City of Monticello, a Minnesota municipal corporation (“Landlord”), and The YMCA of the Greater Twin Cities, a Minnesota Corporation (“Tenant”). WITNESSETH: WHEREAS, at the Commencement Date, Landlord owns or intends to purchase those certain lands described on Exhibit A, having acquired them from Tenant (the “Property”). WHEREAS: a portion of the Property comprises the following real property (collectively, the “Premises or Land”) as illustrated in Exhibit B: (a) the land (approximately 12.42 acres as legally described in the attached Exhibit C; (b) all buildings, structures, and other improvements and appurtenances located on the Land (the “Improvements”); (c) the appurtenances and all the estate and rights of Landlord in and to the Land; and (d) any fixtures attached or appurtenant thereto; and (e) use of the Additional Premises comprised of those items described in the attached Exhibit D. WHEREAS, in consideration of the conveyance of the Property to Landlord, the Parties make this Lease to facilitate the relocation, development, improvement and continued operation by Tenant of its Camp Manitou day camp on the Premises and to develop and conduct other similar or related activities and programs compatible with Landlord’s development and operation of Landlord’s Bertram Chain of Lakes Regional Park (the “Regional Park”) on the Property; WHEREAS, Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord; WHEREAS, the parties desire to enter into this Lease to set forth their rights and obligations to each other relating to the Premises; and NOW, THEREFORE, for good and valuable consideration, Landlord leases and demises the Premises to Tenant, and Tenant takes and hires the Premises from Landlord, subject only to Permitted Exceptions, for the Term, upon the terms and conditions of this Lease. 1.) Definitions The following definitions apply in this Lease. “Additional Rent” means all sums that this Lease requires Tenant to pay Landlord or a third party, whether or not expressly called Additional Rent, except Fixed Rent. 3. “Application” means any agreement, application, certificate, document, or submission (or amendment of any of the foregoing): (a) necessary or appropriate for any Construction this Lease allows, including any application for any building permit, certificate of occupancy, utility service or hookup, easement, covenant, condition, restriction, subdivision plat, or such other instrument as Tenant may from time to time reasonably request for such Construction; (b) to allow Tenant to obtain any abatement, deferral, or other benefit otherwise available for Real Estate Taxes; (c) if and to the extent (if any) this Lease permits, to allow Tenant to change the use or zoning of the Premises; (d) to enable Tenant from time to time to seek any Approval or to use and operate the Premises in accordance with this Lease; or (e) otherwise reasonably necessary and appropriate to permit Tenant to realize the benefits of the Premises under this Lease. “Approvals” means any and all licenses, permits (including building, demolition, alteration, use, and special permits), approvals, consents, certificates (including certificate(s) of occupancy), rulings, variances, authorizations, or amendments to any of the foregoing as shall be necessary or appropriate under any Law to commence, perform, or complete any Construction, or for the zoning, rezoning (to the extent this Lease allows), use, occupancy, maintenance, or operation of the Premises. “Bankruptcy Law” means Title 11, United States Code, and any other or successor state or federal statute relating to assignment for the benefit of creditors, appointment of a receiver or trustee, bankruptcy, composition, insolvency, moratorium, reorganization, or similar matters. “Bankruptcy Proceeding” means any proceeding, whether voluntary or involuntary, under any Bankruptcy Law. “Construction” means any alteration, construction, demolition, development, expansion, reconstruction, redevelopment, repair, Restoration, or other work affecting any Improvements, including new construction. Construction consists of Minor Construction and Major Construction. “Default” means Tenant’s failure to (a) pay any Rent or other money (including Impositions) when and as this Lease requires; or (b) comply with any other covenant or obligation of Tenant in this Lease. “Default Rate” means interest at an annual rate equal to the lesser of: (a) the Prime Rate plus 4 percent per annum; or (b) the Usury Limit. “Environmental Laws” means any Laws regarding the following at, in, under, above, or upon the Premises: (a) air, environmental, ground water, or soil conditions; or (b) clean-up, control, disposal, generation, storage, release, transportation, or use of, or liability or standards of conduct concerning, Hazardous Substances. “Expiration Date” means the date when this Lease terminates or expires in accordance with its terms, whether on the Scheduled Expiration Date, by Landlord’s exercise of remedies for an Event of Default, or otherwise. “Fee Estate” means Landlord’s fee estate in the Premises, including Landlord’s reversionary interest in the Premises after the Expiration Date. 4. “Fee Mortgage” means any mortgage that encumbers all or part of the Fee Estate “Hazardous Substances” includes flammable substances, explosives, radioactive materials, asbestos, asbestos-containing materials, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, medical wastes, toxic substances or related materials, explosives, petroleum and petroleum products, and any “hazardous” or “toxic” material, substance or waste that is defined by those or similar terms or is regulated as such under any Law. “Hazardous Substances Discharge” means any deposit, discharge, generation, release, or spill of Hazardous Substances that occurs at or from the Premises, or into the Land, or that arises at any time from the use, occupancy, or operation of the Premises or any activities conducted therein or any adjacent or nearby real property, or resulting from seepage, leakage, or other transmission of Hazardous Substances from other real property to the Land, whether or not caused by a party to this Lease and whether occurring before or after the Commencement Date. “Impositions” mean all taxes (including, without limitation, real property, ad valorem, personal property, and sales or use taxes), assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed during the Term, water, sewer and other rents, rates and charges, excises, levies, license fees, permit fees, inspection fees and other authorization fees and other charges, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every character (including all interest and penalties thereon), which at any time during the Term may be assessed, levied, confirmed or imposed on the Premises, the Improvements or any interest therein or against Tenant or Landlord in connection therewith. The term “Impositions” specifically excludes all income, estate, succession, inheritance, transfer or franchise taxes imposed against Landlord, the Rent paid to Landlord or Landlord’s interest in the Premises; provided, however, that if taxes in the nature of real or personal property ad valorem taxes are levied during the Term which Tenant would otherwise be obligated to pay, such taxes will be included in the meaning of the term “Impositions.” “Improvements” means all buildings, structures and fixtures now or hereafter located on the Land. The term “Improvements” includes additions to and alterations of the Improvements pursuant to Section 7.02 and specifically excludes trade fixtures, furniture and furnishings owned by Tenant and any Subtenant (approved by Landlord pursuant to Section 11 below) occupying the Improvements. “Indemnify” means, where this Lease states that any Indemnitor shall “Indemnify” any Indemnitee from, against, or for a particular matter (the “Indemnified Risk”), that the Indemnitor shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against any and all loss, cost, claims, liability, penalties, judgments, damages, and other injury, detriment, or expense (including Legal Costs, interest and penalties) that the Indemnitee suffers or incurs: (a) from, as a result of, or on account of the Indemnified Risk; or (b) in enforcing the Indemnitor’s indemnity. Indemnitor’s counsel shall be subject to Indemnitee’s approval, not to be unreasonably withheld. Any counsel satisfactory to Indemnitor’s insurance carrier shall be automatically deemed satisfactory. 5. “Indemnitee” means any party entitled to be Indemnified under this Lease and its agents, directors, employees, Equity Interest holders, mortgagees, and officers. “Indemnitor” means a party that agrees to Indemnify any other Person. “Landlord” initially means the Landlord named in the opening paragraph of this Lease. After every transfer of the Fee Estate, “Landlord” means only the owner(s) of the Fee Estate at the time in question. If any former Landlord no longer has any interest in the Fee Estate or a Transfer of the Fee Estate occurs (in all cases in compliance with this Lease, including requirements regarding any Trust Funds), the Transferor (including a Fee Mortgagee, or anyone acting for a Fee Mortgagee, that has acquired and then disposed of the Fee Estate) shall be and hereby is entirely freed and relieved of all obligations of Landlord under this Lease accruing from and after the date of such Transfer. It shall be deemed and construed without further agreement between the parties or their successors in interest or between the parties and the Person who acquires or owns the Premises, including the Transferee (including a Fee Mortgagee taking title to the Fee Estate or a Person taking title to the Fee Estate from a Fee Mortgagee) on any such Transfer, that such Person has assumed and agreed to carry out any and all agreements, covenants, and obligations of Landlord under this Lease accruing from and after the date of such Transfer. “Laws” means all laws, ordinances, requirements, orders, proclamations, directives, rules, and regulations of any Government affecting the Premises, this Lease, or any Construction in any way, including any use, maintenance, taxation, operation, or occupancy of, or environmental conditions affecting, the Premises, or relating to any Real Estate Taxes, or otherwise relating to this Lease or any party’s rights and remedies under this Lease, or any Transfer of any of the foregoing, whether in force at the Commencement Date or passed, enacted, or imposed at some later time, subject in all cases, however, to any applicable waiver, variance, or exemption. “Lease Year” means: (a) the twelve calendar months starting on the first day of the first full calendar month after the Commencement Date; and (b) every subsequent period of twelve calendar months during the Term. “Leasehold Estate” means Tenant’s leasehold estate, and all of Tenant’s rights, privileges, and Pre-Emptive Rights, under this Lease, upon and subject to all the terms and conditions of this Lease, and any direct or indirect interest in such leasehold estate. “Liability Insurance” means general comprehensive public liability insurance against claims for personal injury, death, or property damage occurring upon, in, or about the Premises or adjoining streets and passageways, providing coverage for a combined single limit of $5,000,000.00 million for any one occurrence. Landlord may increase such limit up to once every three years, upon at least 180 days’ Notice to Tenant, provided that any increased limit generally conforms to the limits customarily required by prudent landlords or institutional lenders for similar properties in the State of Minnesota. “Major Construction” means any Construction whose estimated cost exceeds $10,000.00. “Minor Construction” means any Construction that Tenant elects in its discretion, or this Lease requires Tenant, to undertake from time to time, except Major Construction. 6. “Notice” means any consent, demand, designation, election, notice, or request relating to this Lease, including any Notice of Default. Notices shall be delivered, and shall become effective, only in accordance with the “Notices” Article of this Lease. “Notice of Default” means any Notice claiming or giving Notice of a Default or alleged Default. “Permitted Exceptions” means any encumbrance or reservation of record and not satisfied or released when the portion of the Property so encumbered is acquired by Landlord from Tenant. “Person” means any association, corporation, Government, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind. “Prime Rate” means the prime rate or equivalent “base” or “reference” rate for corporate loans that, at Tenant’s election, by Notice to Landlord, is from time to time: (a) published in the Midwest Edition of the Wall Street Journal; or (b) if such rate is no longer so published or announced, then a reasonably equivalent rate published by an authoritative third party that Tenant reasonably designates. Notwithstanding anything to the contrary in this paragraph, the Prime Rate shall never exceed the maximum interest rate allowed by Law. “Property Insurance” means insurance providing coverage for the Premises, the Building, and Building Equipment, against loss, damage, or destruction by fire and other hazards encompassed under the broadest form of property insurance coverage then customarily used for like properties in the County (except earthquake or war risk) from time to time during the Term, in an amount equal to 100% of the replacement value (without deduction for depreciation) of the Building and Building Equipment (excluding excavations and foundations) and in any event sufficient to avoid co-insurance, with “ordinance or law” coverage. “Rent” means Fixed Rent and Additional Rent. “Scheduled Expiration Date” means 11:59 p.m. on the day immediately preceding the 99th anniversary of the Commencement Date or the end of any extension of the Term which ever is later to occur. “Term” means the Initial Term, or as extended by mutual agreement of the parties. “Utility Charge(s)” means all charges for water, sewer, gas, heat, light, power, telephone service, electricity, refuse collection and utility and communication services rendered or used on or about all or any part of the Premises or the Improvements. 2.) Term and Termination (a) 99 Year Term. The term of this Lease (the “Term”) shall commence on the Commencement Date and continue for ninety nine (99) years, unless extended by the parties or terminated in accordance with this Section 2. 7. (b) Extension. The Parties agree to meet four years before the scheduled end of the Term, at Tenant’s request, to consider extending the Term and to negotiate in good faith to extend and renew this Lease and extend the Term hereof upon such terms and conditions as shall be mutually beneficial. (c) Termination. Tenant shall have the right, at any time prior to the Scheduled Expiration Date, to terminate this Lease upon twelve (12) months prior notice to Landlord. This Lease shall then terminate as of the effective date of termination specified in the notice with the same effect as if such effective date were the Scheduled Expiration Date. 3.) Rent (a) Fixed Rent. Tenant shall pay Landlord, without notice or demand, in lawful money of the United States of America, a net annual rental (the “Fixed Rent”) equal to One Dollar ($1.00) payable on the Commencement Date and each anniversary of the Commencement Date during the Term. Rent may be prepaid at any time. (b) Additional Rent. In addition to Fixed Rent, Tenant shall pay Landlord (or the appropriate third party, as applicable), as additional rent under this Lease, all Additional Rent, if any. Except where this Lease provides otherwise, Tenant shall pay all Additional Rent within 30 days after receipt of an invoice and reasonable backup documentation. (c) No Offsets. Tenant shall pay all Rent without offset, defense, claim, counterclaim, reduction, or deduction of any kind whatsoever. (d) Assessments in Installments. To the extent Law allows, Tenant may apply to have any assessment payable in installments. Upon approval of such application, Tenant shall pay and discharge only such installments as become due and payable during the Term. 4.) Utilities. Tenant shall arrange and pay for all fuel, gas, light, power, water, sewage, garbage disposal, telephone, and other utility charges, and the expenses of installation, maintenance, use, and service in connection with the foregoing, within and for the Premises during the Term adequate to support the Tenant’s activities. Landlord shall have absolutely no liability or responsibility for the foregoing, provided that Landlord performs its obligations regarding any related Application. 5.) Use of the Premises and the Property (a) Permitted Use. Tenant may use the Premises for any lawful purpose associated with its Day Camp Manitou programs and compatible with Landlord’s operation of its Regional Park. Such uses may include the operation of recreational activities and other community enrichment activities. In addition, Tenant may conduct and operate its Day Camp Manitou programs described in this Section 5, without any further review, approval or consent from Landlord. It is specifically contemplated that programming uses will change and evolve from time to time during the Term based on 8. changes in program needs and priorities. Landlord and Tenant have entered into an Operating Agreement dated _____________for the Development of the Regional Park. The Parties intend that such Operating Agreement control the further use of the Property in addition to the uses described herein. (b) Buffer. The Landlord and Tenant have established a perimeter buffer surrounding the Premises, which may include roads, parking lots and trails as indicated in Exhibit B. This buffer shall be approximately 35 feet in width. (c) No Mandate. Tenant need not operate the Premises or conduct business of any nature in the Premises, or use or operate the Premises in any particular manner. Tenant may discontinue operation of the Premises at any time or from time to time. Tenant may vacate the Premises. In the event the Tenant elects to discontinue its use of the premises without terminating this Lease, Tenant will continue to maintain the premises as provided herein. (d) Exclusive Control. Tenant shall have exclusive control, possession, occupancy, use, and management of the Premises, subject only to Permitted Exceptions. Tenant may enter into, terminate, or modify any existing or future contract for management or operation of the Premises or provision of services to the Premises. Any such contracts shall automatically expire on the Expiration Date. Tenant may cancel and terminate any management contracts that exist on the Commencement Date. Landlord shall Indemnify Tenant for any such cancellation or termination. (e) Reserved Access. Notwithstanding anything to the contrary in this Lease, Landlord and its agents, representatives and designees may enter the Premises upon reasonable Notice (except during an emergency or other event that represents a threat to the health or safety of persons on the Premises, in Landlord’s sole discretion), solely to (a) ascertain whether Tenant is complying with this Lease; (b) cure any Default; (c) inspect the Premises; (d) perform such tests, borings and other analyses as Landlord determines may be necessary or appropriate relating to noncompliance with any Law or possible Hazardous Substances Discharge during the Term; or environmental testing and monitoring on the Premises. In entering the Premises, Landlord and its designees shall not unreasonably interfere with Tenant’s operations on the Premises and shall comply with Tenant’s reasonable instructions. Subject to Section 13.01, Landlord shall Indemnify Tenant against any claims arising from Landlord’s entry upon the Premises during the Term. (f) Day Camp Manitou Programs and Improvements. Tenant’s primary use of the Premises shall be the operation of its Day Camp Manitou program, which shall be a day camp experience for youth and families operated weekdays during the summer months. Summer months shall be guided by the established school calendar set by the Minnesota Legislature or Minnesota Department of Education. The Day Camp Manitou program and improvements described herein shall be deemed to be compatible with the Landlord’s Regional Park and will include, but not be limited to those items which are incorporated herein as Exhibit B. The Camp Manitou program will include the development and construction of the improvements as described in 9. Exhibit B. The Operating Agreement will establish the use of the Property, for periods in addition to the summer months. It is anticipated that during the Term the Camp Manitou programming will evolve to meet changing requirements of its participants and Tenant. (g) Access to and Use of the Property. In connection with the operation of the Day Camp Manitou programs and its use of the Premises, Tenant shall have access to Regional Park facilities for it and its camp patrons, employees, staff, volunteers and guests otherwise utilizing the Premises. Tenant (including its camp patrons employees, staff, volunteers and guests and invitees participating in its programming) is granted an appurtenant easement and non -exclusive license to utilize, without other cost or expense, the Regional Park facilities for programming purposes in order to provide water activities and to use hiking trails. Gate access without fees shall be available to the YMCA and its invitees using the Day Camp Manitou Programs. The current hours are 8:00 a.m. through 5:00 p.m., Monday through Friday. Organized groups using the YMCA Premises only will not be charged gate fees. Any such organized use of Regional Park facilities shall first require notice to Landlord and in the event such activity could be reasonably expected to interfere with other Regional Park patron’s use, the consent of Landlord to such use. (h) Signage. On and off-site signage shall be governed per the Operating Agreement. Tenant shall be allowed to erect a monument sign at the Premises and to place signage within the Premises related to its programs and activities. (i) Public (Non-program) Use of Tenant Facilities. Certain of the proposed improvements on the Land are capable of use by others when not utilized in Tenant’s programs. In connection with Landlord’s Regional Park operations, Tenant may make such facilities available for use, if compatible with Regional Park operations. Any such use shall be under the control and operation of Tenant and may include the payment of reasonable fees to Tenant for such use. The Parties have executed an operating agreement dated___________ which governs that use opportunity, which shall at all times be subject to the rights of Tenant hereunder. (j) Common (Unimproved) Areas. YMCA and its patrons shall have access and use of the Property in connection with its programs. The public (Regional Park patrons) shall be allowed to use the common areas of the Premises which have not been improved. Such use must be in accordance with Regional Park rules and applicable ordinances. 6.) Landlord’s Regional Park Management. Landlord may establish such entities as it determines is appropriate or otherwise delegate the management of the Regional Park and the authority to review and approve actions of Tenant under this Lease. If the Landlord establishes an advisory or authoritative board or committee relating to the management or operation of the Regional Park, the Landlord shall appoint as one member of any board or committee a person nominated by the YMCA, to serve in an ex-officio capacity. Tenant agrees to recognize and 10. cooperate with such entity or agent in seeking approvals and consents hereunder. Landlord agrees that any decision by such entity or agent may be appealed to Landlord for its good faith consideration de novo. 7.) Maintenance and Construction. Tenant may construct such improvements as it shall determine are necessary convenient or desirable for its Day Camp Manitou Program or any other of its programs conducted or operated on the Premises as described in Sections 7 and 8. (a) Obligation to Maintain. Except to the extent that (a) this Lease otherwise expressly provides or allows or (b) Tenant is performing Construction in compliance with this Lease, Tenant shall during the Term keep and maintain the Premises and Improvements in good order, condition, and repair, subject to Loss (governed by other provisions of this Lease), reasonable wear and tear, and any other condition that this Lease does not require Tenant to repair. Tenant’s obligation to maintain the Premises and Improvements includes an obligation to make all repairs that the Premises may require by Law from time to time during the Term, whether structural or nonstructural, foreseen or unforeseen, capital or operating. Tenant shall remove trash, and debris from the Premises and maintain them in a reasonably clean condition. (b) Construction. At Tenant’s sole cost and expense, Tenant may but need not perform any Construction, as Tenant shall consider necessary or appropriate, provided that before Tenant starts any Major Construction, Tenant shall: (a) obtain Landlord’s consent, not to be unreasonably withheld (based solely on whether Tenant’s proposed Major Construction would materially diminish the value of the Fee Estate); (b) give Landlord copies of all necessary Approvals; (c) obtain any required government approvals; and (d) give Landlord such assurances of completion and code compliance as Landlord shall reasonably require. To the extent that Tenant commences any Construction, Tenant shall complete it with reasonable diligence in compliance with law and within a reasonable time. Tenant shall pay for all Construction when and as required by the parties that perform such Construction. All Improvements that Tenant constructs on the Land shall become part of the Premises. (c) Alterations Additions and Removal or Demolition. Tenant may, at Tenant’s sole cost and expense, make alterations and additions to the Improvements and may totally or partially demolish any or all of the Improvements or construct new structures. Any such alterations and additions shall not weaken or impair the structural strength of the Improvements. Any alterations, additions, removal, demolition or replacement shall be effected with due diligence, in a good and workmanlike manner and in compliance with all Legal Requirements; and promptly and fully paid for by Tenant (d) Plans and Specifications. To the extent that Tenant obtains plans and specifications or surveys for any Construction, Tenant shall promptly upon Landlord’s request give Landlord a copy, subject to the terms of any agreement between Tenant and the applicable architect, engineer, or surveyor. Landlord will have 30 days to review and comment on the plans. Tenant shall exercise reasonable efforts to cause its agreements with such professionals to permit these deliveries, which are for 11. Landlord’s information only except to the extent, if any, this Lease otherwise expressly states. (e) Applications. Landlord agrees that Tenant shall have the right at any time to make any Application as Tenant reasonably requests, provided that: (a) such Application is in customary form and imposes no material obligations (beyond obligations ministerial in nature or merely requiring compliance with Law) upon Landlord; (b) no uncured Event of Default exists; and (c) Tenant reimburses Landlord’s Legal Costs. Promptly upon Tenant’s request and without charge (except reimbursement of Landlord’s Legal Costs), Landlord shall furnish all information in its possession that Tenant reasonably requests for any Application, and to execute such documents necessary for any Application. (f) Requirements for Alterations and Additions: Landlord and Tenant intend to cooperatively develop a concept plan for the Improvements to be constructed on the Premises. In developing this concept plan, due consideration shall be given to programming and facility needs of Tenant for structures, landscaping and other improvements; Tenant’s cost, budget and value and Landlord’s need to avoid and/or mitigate significant adverse impacts to development of its Regional Park and the integrity of park facilities. It is intended that Tenant and Landlord will periodically review and cooperatively update the concept plan for the Premises from time to time The costs for such plan updates shall be the responsibility of the Tenant. Tenant improvements which conform to the location, architectural and aesthetic standards established in the concept plan may be constructed without prior approval of Landlord. Other construction requires prior approval from Landlord which shall not be unreasonably withheld. At least sixty (60) days before Tenant commences construction of any structure or alteration or addition to the Improvements having a value in excess of $10,000.00, Tenant shall submit to Landlord (a) a complete copy of the plans, specifications and schedule for construction of the alteration or addition; (b) Tenant’s general construction contract and any other contract already entered into for the alteration or addition; (c) proof of the insurance coverage this Lease requires; (d) verification of land use approvals and other permits needed to comply with applicable Legal Requirements. Tenant may submit with the foregoing a request that Landlord pay for the unamortized cost of such alteration or addition upon a termination of this Lease provided, however, Landlord shall have no obligation to provide such a reimbursement. Landlord may determine, in its sole and absolute discretion, whether, and under what conditions, it will agree to provide such reimbursement to Tenant. If Tenant provides Notice to Landlord requesting reimbursement from Landlord for the unamortized costs of any alteration or addition, and Landlord fails to deliver such approval in writing within sixty (60) days after Landlord’s receipt of all of the items required by this Section 7.03, then Landlord shall be deemed to have denied Tenant’s request for such amortization, and Tenant shall not be entitled to any such reimbursement from Landlord. (g)Landlord Request for Repair & Maintenance: Landlord may request Tenant to repair or maintain Tenant Improvements or otherwise meet its obligations under this 12. section. If Tenant fails to promptly repair or remedy and repair a maintenance issue, Landlord may proceed under Section 17 herein. 8.) Infrastructure Installation and Development. The initial construction and development of the Regional Park on the Property is ongoing as of the execution of this Lease. Final plans and specifications have not been developed for much of the infrastructure to serve the Property. The occupancy of the Premises will thus precede much of the infrastructure construction and development for the Property. The Parties agree to cooperate fully with each other to develop infrastructure improvements serving the Premises and the Property in a manner that allows sharing the use and expense as much as feasible. All infrastructure improvements serving the Premises will be designed and constructed to accommodate use or connection to or with related improvements on the Property and the cost shall be allocated in accordance with the relative capacity and need. The Parties agree to cooperate in the layout design and development of all infrastructure improvements in order to most effectively and efficiently use and operate them and to take advantage of economies of scale from shared capacity and operation. Each improvement shall be separately authorized by the Parties. (a) Roadway Improvements. The Parties have identified a roadway plan for the Property consisting of the roads shown on Exhibit D. This Roadway Plan shall be updated and revised from time to time as development occurs and use of the Regional Park evolves. Any revised Roadway Plan for roads serving the Premises shall be approved by both Landlord and the Tenant. The initial roadway improvements for the Property shall consist of the access road connecting the Premises to a public roadway to allow access. Once park is open to the public ,this roadway will be maintained by Landlord in passable condition at all times when Tenant or its patrons are using the Premises. Public parking areas will also be available to Tenant and its patrons. Once park is open to the public, Landlord will provide snow removal for roads and parking areas so they are useable in winter months and will grade any unpaved roadways and parking lots. All roadways, parking areas and paved trails on the Premises shall be constructed and maintained by Tenant. All other roadways on the Property shall be constructed and maintained by Landlord. (b) Electricity. The existing above ground electrical service will continue to be made available to by Landlord to allow Tenant to obtain electrical service for the Premises. Upon further buildout of the Regional Park, electrical wiring will be buried and the Premises will be connected to the buried wiring at the location of the then existing service connection to the Premises. The electrical utility lines serving improvements to the Premises shall be underground. (c) Water. Onsite water supply will be utilized for the Premises. The Premises will not be required to connect to any public water supply unless required by City code. (d) Sewer and Septic System. The Parties expect to develop an onsite treatment system for sanitary wastes which will not be connected to municipal utilities. Tenant plans to construct its facilities needing the sanitary system before Landlord will need such services, however the Parties will cooperate to design a system that can be constructed in phases and ultimately shared by both. Tenant may install a sewer line 13. manhole and stub. Any future public sewer utility shall be designed to connect to such stub at the manhole to serve the Premises. Such improvements are subject to all applicable state and local codes and permits. (e) Maintenance Expenses. Expenses of maintenance of improvements will be borne by the owner thereof. 9.) Public Improvements; Sewer and Water Supply; Utility Charges. Notwithstanding section 8 above, any public improvement project providing road, sewer water or other public improvements to the premises will be paid by Landlord and not passed through to Tenant unless the same shall have been petitioned for by Tenant. Tenant may construct maintain and operate such water wells and on-site waste water treatment or sanitary facilities as it determines is desirable for its operation of the Premises. The Premises is not currently served by public sewer and water. In the event the Premises are served by public utilities and Tenant’s improvements are connected thereto, Tenant will then and thereafter pay all related Impositions (excluding any accrued or deferred assessments) and Utility Charges incurred during the Term before the same become delinquent, and Landlord will have no obligation with respect thereto 10.) Liens. Tenant shall not directly or indirectly create or permit to be created or to remain any lien, encumbrance or claim (each, a “Prohibited Lien”) affecting the Premises or Landlord’s interest under this Lease other than (a) the leasehold estate created by this Lease; (b) liens for Impositions not yet due or payable or which are the subject of a contest as permitted by Section 6.04; and (c) any exceptions to title (the “Permitted Exceptions”) which exist on the Commencement Date. In the event of the filing of any such claim against Landlord, the Premises or Landlord’s interest hereunder, Tenant shall cause the same to be discharged of record at Tenant’s expense within sixty (60) days after Notice from Landlord. Tenant shall have the right to contest any such claim by diligent pursuit of appropriate legal proceedings (a “Contest”) which may be conducted by Tenant at Tenant’s expense in the name of Landlord, if legally required. At any time during the Contest, upon Landlord’s request, Tenant shall promptly pay the disputed claim or deposit with Landlord such collateral or other assurances as may be reasonably required by Landlord to protect the Land, Landlord’s interest hereunder and Landlord from liability or forfeiture by reason of such Contest. 11.) Hazardous Substances. (a) Restrictions. Tenant shall not cause or permit to occur on, under or at the Premises during the Term (a) any violation of any Environmental Laws; or (b) the use, generation, release, manufacture, refining, production, processing, storage or disposal of any Hazardous Substance, or transportation to or from the Premises of any Hazardous Substance, unless both (i) reasonably necessary or customary to conduct any legal activity in the Premises in accordance with customary standards for such activity, or to operate and maintain the Premises for uses this Lease permits, and (ii) in compliance with all Environmental Laws. (b) Compliance; Clean-Up. Tenant shall, at Tenant’s expense with respect to any Hazardous Substance Discharge first occurring during the Term: (a) comply with Environmental Laws and, to the extent Environmental Laws require, clean up any such 14. Hazardous Substance Discharge (b) prepare and submit any clean-up plans required to comply with Environmental Laws and all related bonds and other financial assurances; (c) promptly and diligently carry out all such clean-up plans; and (d) Indemnify Landlord against any Hazardous Substances Discharge, violation of Environmental Laws, or Tenant’s failure to comply with this Article 10, first occurring during the Term. A party’s obligations under this Section 10.02 shall not limit such party’s rights against third parties. 12.) Subletting. Tenant shall not sublet all or any portion of the Premises and the Improvements (a “Sublease”) during the Term without the prior express written consent of Landlord, which shall not be unreasonably withheld. The use of the Premises as a camp by an entity similar to the YMCA for any period less than thirty (30) consecutive days shall not be considered a sublease. Any Sublease without the prior written consent of Landlord shall be void and shall, at the option of Landlord, be a Default hereunder. A consent by Landlord to a Sublease shall not be deemed to be a consent to any subsequent Sublease. 13.) Tenant’s Transfer. (a) Landlord’s Consent Required. Tenant may assign or otherwise transfer any right or interest in this Lease, or any right or interest in the Premises or any of the Improvements to a related entity or another similar entity organized for the same or similar purposes. Prior to any such assignment Tenant shall be obligated to demonstrate to Landlords’ reasonable satisfaction that the proposed transferee is a same or similar entity organized for the same or similar purposes. Tenant may not make any other assignment of its right or interest hereunder without the prior express written consent of Landlord, which may be withheld in Landlord’s sole and absolute discretion. Any disposition, except a disposition pursuant to Section 16 herein, by Tenant without the prior written consent of Landlord, whether voluntary or involuntary, by operation of law or otherwise, shall be void and shall, at the option of Landlord, be a Default hereunder. A consent by Landlord to a disposition shall not be deemed to be a consent to any subsequent disposition. (b) Conditions Precedent. The following are conditions precedent to Tenant’s right of disposition pursuant to Section 13: Tenant shall give Landlord Notice of the proposed disposition with appropriate documentation as to the identity of the proposed transferee and the proposed use of the Premises and financial condition and history, business description and qualifications to operate the Improvements. The proposed transferee shall assume all the covenants and conditions to be performed by Tenant pursuant to this Lease after the date of such transfer by execution of an instrument in form and substance reasonably satisfactory to Landlord. No uncured Event of Default shall exist hereunder on the date of transfer. 15. 14.) Landlord’s Transfer (a) Right to Transfer. Landlord shall have the right at any time and from time to time during the Term to sell, convey, transfer and assign all or any portion of Landlord’s interest in this Lease, the Premises or the Improvements. At least 30 days prior to closing of any such transfer, Landlord shall notify Tenant of the proposed transfer identifying the transferee and effective date thereof. If Landlord elects to enter into one or more such transfers, Landlord shall deliver to Tenant true and complete copies of the instrument or instruments effecting each such transfer within thirty (30) days after the effective date of such transfer. (b) Attornment. Without the need to execute any future document, Tenant hereby agrees to accept and attorn to the transferee of Landlord’s interest hereunder as if such transferee had been the party originally named as Landlord in this Lease. 15.) Indemnity; Insurance. (a) Indemnity. Tenant agrees to Indemnify Landlord against all liabilities, obligations, claims, damages, penalties, causes of action, judgments, costs and expenses (including, without limitation, Legal Costs) incurred by Landlord or asserted against the interest of Landlord in the Premises, the Improvements or this Lease which do not result from the willful act or failure to act or the negligence of Landlord, its agents, contractors, employees, licensees and invitees and which arise by reason of any of the following occurring during the Term: (a) any injury to or death of any Person or any damage to property located in or on the Land or the Improvements; (b) any use, condition or state of repair of all of any part of the Land or the Improvements; (c) any failure by Tenant to perform any obligation of Tenant under this Lease; or (d) any negligence or willful act by Tenant or any of Tenant’s agents, contractors, employees, licensees or Subtenants. If any action, suit or proceeding is brought against Landlord by reason of any such occurrence during the Term, Tenant, promptly after written request by Landlord, will defend such action, suit or proceeding at Tenant’s expense. Landlord agrees to Indemnify Tenant against all liabilities, obligations, claims, damages, penalties, causes of action, judgments, costs and expenses (including, without limitation, Legal Costs) incurred by Tenant or asserted against the interest of Tenant in the Premises, the Improvements or this Lease which do not result from the willful act or failure to act or the negligence of Tenant, its agents, contractors, employees, licensees and invitees and which arise by reason of any act by or on behalf of Landlord. If any action, suit or proceeding is brought against Tenant by reason of any such occurrence during the Term, Landlord, promptly after written request by Tenant, will defend such action, suit or proceeding at Landlord’s expense. (b) Insured Risks. Throughout the Term, at Tenant’s expense, Tenant shall maintain (a) Property Insurance; (b) Liability Insurance; (c) during any period of construction on the Premises, builders risk insurance on a reported value basis not less than 100% of replacement value including cost of debris removal; (d) appropriate workmen’s compensation insurance; and (e) all other forms of insurance imposed by Legal Requirements. 16. (c) Policy Provisions. All insurance maintained by Tenant pursuant to Section 15 will (a) name Landlord as an additional insured or additional loss payee, as the case may be; (b) include an effective waiver by the insurer of all rights of subrogation against Landlord and Tenant; (c) provide that the coverage afforded by such policies will not be cancelled by the insurer without notice to Landlord; and (d) be issued by companies authorized to do business in the State of Minnesota. (d) Delivery of Policies. Upon Landlord’s request, Tenant will deliver to Landlord true and correct copies or certificates of all insurance policies required by this Lease together with appropriate evidence of payment of the premiums therefor. (e) Waiver of Subrogation. Landlord and Tenant each hereby releases the other and their respective representatives, agents, contractors, employees, licensees or Subtenants, from any and all liability or responsibility for any loss or damage to the Improvements or other tangible property, or any resulting loss of income, or losses under worker’s compensation laws and benefits, even though such loss or damage may have been occasioned by the negligence of such party, its representatives, agents, contractors, employees, licensees or Subtenants, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. 16.) Eminent Domain. In the event of a decision by a governmental entity to acquire a portion of the Premises by eminent domain, the Parties will endeavor to amend this Ground Lease to identify alternative property to be added to the Premises to compensate Tenant for the loss due to the taking. If the Parties agree to so amend this Ground Lease then in that event all proceeds of the taking, except any relocation benefits shall be payable to Landlord. If the whole or any part of the Premises shall be taken or condemned or purchased under threat of condemnation by any governmental authority and the Parties do not agree on an alternative configuration of the Premises, then the Term of this Lease with respect to such portion shall not cease, but shall remain in effect and Tenant shall be entitled to a claim against the condemning authority, Landlord or otherwise for any portion of the amount that may be awarded as damages as a result of such taking or condemnation or for the value of any unexpired term of this Lease; Further, Tenant shall also be entitled to any separate award made for loss of business or costs of relocation benefits payable under the Uniform Relocation Assistance and Real Property Acquisition Act, 42 U.S.C. §§ 4601-4606 and 49 C.F.R. §§ 24.201 et seq., and Minn. Stats. §§ 117.50-117.56. 17.) Events of Default; Remedies. (a) Definition. An “Event of Default” means the occurrence of any one or more of the following: (1) Monetary Default. If a Default in the payment of Rent occurs and continues for ten (10) days after Notice from Landlord. 17. (2) Prohibited Liens. If Tenant fails to comply with any obligation regarding Prohibited Liens and does not remedy such failure by complying with Section 10.01 within sixty (60) days after Notice from Landlord. (3) Bankruptcy or Insolvency. If Tenant ceases to operate as a going concern, ceases to pay its debts as they become due or admits in writing that it is unable to pay its debts as they become due, or becomes subject to any Bankruptcy Proceeding (except an involuntary Bankruptcy Proceeding dismissed within one hundred eighty (180) days after commencement), or a custodian or trustee is appointed to take possession of, or an attachment, execution or other judicial seizure is made with respect to, substantially all of Tenant’s assets or Tenant’s interest in this Lease (unless such appointment, attachment, execution, or other seizure was involuntary and is contested with diligence and continuity and vacated and discharged within one hundred eighty (180) days). (4) Nonmonetary Default. If any Default other than the non-payment of Rent (a “Nonmonetary Default”) occurs and Tenant does not cure it within sixty (60) days after Notice from Landlord describing it in reasonable detail or, in the case of a Nonmonetary Default that cannot with due diligence be cured within sixty (60) days after such Notice, if Tenant shall not (i) within sixty (60) days after Landlord’s Notice advise Landlord of Tenant’s intention to take all reasonable steps to cure such Nonmonetary Default; (ii) duly commence such cure within such period, and then diligently prosecute such cure to completion; and (iii) either complete such cure, or obtain Landlord’s approval of a solution to complete such cure, within one hundred and eighty (180) days of the date of Landlord’s Notice. (b) Remedies. If an Event of Default occurs which has not been cured as provided herein and so long as it is continuing, Landlord shall, at Landlord’s option, have any or all of the following remedies, all cumulative (so exercise of one remedy shall not preclude exercise of another remedy), in addition to such other remedies as may be available at law or in equity or under any other terms of this Lease. (1) Termination of Lease. If an Event of Default shall have occurred and be continuing, Landlord may at its sole option by Notice to Tenant terminate this Lease. (2) Reletting. From time to time after repossession of the Premises, whether or not this Lease has been terminated, Landlord may, but shall not be obligated to, attempt to relet the Premises for the account of Tenant in the name of Landlord or otherwise, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and for such terms (which may include concessions or free rent) and for such uses as Landlord, in its uncontrolled discretion, may determine, and may collect and receive the rent therefor. Any rent received shall be applied against Tenant’s obligations hereunder, but Landlord shall not be responsible or liable for any failure to collect any rent due upon any such reletting. 18. (3) Damages. No termination of this Lease shall relieve Tenant of any liabilities and obligations under this Lease accrued prior to such termination. In the event of any such termination, whether or not the Premises shall have been relet, Tenant shall pay to Landlord the Rent and other sums and charges to be paid by Tenant up to the time of such termination but not thereafter. No other claim for damages may be based upon this lease. (4) Landlord Default. Landlord shall in no event be considered to be in default of Landlord’s obligations hereunder until the expiration of a reasonable time after Notice of default from Tenant. (5) No Waiver. No failure by Landlord or Tenant to insist upon strict performance of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy upon an Event of Default, and no acceptance of partial performance during continuance of any such Event of Default, shall waive any such Event of Default or such covenant, agreement, term or condition. No covenant, agreement, term or condition of this Lease to be performed or Event of Default, shall be modified except by a written instrument executed by Landlord and Tenant. (c) Tenant’s Late Payments; Late Charges. If Tenant fails to make any payment to Landlord required under this Lease after such payment is first due and payable, then in addition to any other remedies of Landlord, and without reducing or adversely affecting any of Landlord’s other rights and remedies, Tenant shall pay to Landlord interest Default Rate on such late payment, beginning on the date such payment was first due and payable and continuing until the date when Tenant actually makes such payment. (d) Landlord’s Right to Cure. If Tenant at any time fails to make any payment or take any action this Lease requires, then Landlord, after thirty (30) days’ Notice to Tenant, or in an emergency with such Notice (if any) as is reasonably practicable under the circumstances, and without waiving or releasing Tenant from any obligation or Default and without waiving Landlord’s right to take such action as this Lease may permit as a result of such Default, may (but need not) make such payment or take such action. Tenant shall reimburse Landlord, as Additional Rent, for an amount equal to (a) all reasonable sums paid and reasonable costs and expenses (including Legal Costs) incurred by Landlord in exercising its cure rights under this paragraph; and (b) interest thereon at the Default Rate. (e) Holding Over. If Tenant remains in the Premises after Tenant’s right to possession of the Premises has expired, its tenancy shall be on a year-to-year basis and shall be subject to all of the terms, conditions, provisions and obligations of this Lease; provided, however, Tenant shall be obligated to pay all of Tenant’s Additional Rent. (f) Accord and Satisfaction; Partial Payments. No payment by Tenant or receipt by Landlord of a lesser amount than the amount owed under this Lease shall be deemed to be other than a part payment on account by Tenant. Any endorsement or statement on any check or letter accompanying any check or payment of Rent shall not be deemed an 19. accord or satisfaction. Landlord may accept any such check or payment without prejudice to Landlord’s right to recover the balance of such Rent or pursue any other remedy. 18.) End of Term. On the Expiration Date and as provided in Article 17 herein, (a) Tenant shall deliver to Landlord possession of the Premises; (b) Tenant shall surrender any right, title or interest in and to the Premises and deliver such evidence and confirmation thereof as Landlord reasonably requires; (c) Tenant shall deliver the Premises free and clear of all liens except Permitted Exceptions and liens that Landlord or any of its agents caused; (e) the parties shall cooperate to achieve an orderly transition of operations from Tenant to Landlord without interruption, including delivery of such books and records (or copies thereof) as Landlord reasonably requires; (f) the parties shall adjust for Impositions and all other expenses and income of the Premises and any prepaid Rent and shall make such payments as shall be appropriate on account of such adjustment in the same manner as for a sale of the Premises (but any sums otherwise payable to Tenant shall first be applied to cure any Default); (g) the parties shall terminate the memorandum of this Lease; and (h) Tenant shall, at Landlord’s election, either terminate all utilities and any other service contracts, or assign such utilities and service contracts to Landlord, in which event Landlord shall reimburse Tenant for, all utility and other service provider deposits. Tenant may remove from the Premises, on or prior to the Expiration Date, at Tenant’s sole expense, Improvements only if and to the extent that Landlord has first been notified of such removal in writing prior to the Expiration Date in order to be able to make an offer to purchase the Improvement. Tenant shall not be required to repair any improvements. 19.) Notices. Any Notice required or permitted under this Lease shall be in writing, and, except as otherwise expressly provided in this Lease, shall be deemed given on the earliest to occur of: when delivered by personal delivery upon an authorized representative of a party hereto; delivered via nationally recognized overnight courier; one (1) business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid; when transmitted by facsimile copy promptly followed by mailed Notice; or one (1) business day after deposit, cost prepaid, with a nationally recognized same day or overnight courier; in each case properly addressed as follows: If to Landlord: County of Wright Wright County Parks Department 1901 Highway 25 North Buffalo, MN 55313 If to Landlord: City of Monticello 505 Walnut Avenue Suite 1 Monticello, MN 55362-8822 If to Tenant: Young Men’s Christian Association of the Twin Cities 30 South Ninth Street Minneapolis, MN 20. 55401 Attn: Vice President of Finance Facsimile: 612-371-8716 With a copy to: Gregory E. Korstad Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Seventh Street Minneapolis, MN 55431 Facsimile: 612-896-3333 Either party may change its address for the service of Notice by giving Notice of such change ten (10) days prior to the effective date of such change. 20.) Miscellaneous. (a) Captions. The captions of this Lease are for convenience and reference only. (b) Entire Agreement. This Lease contains all terms, covenants and conditions about the Premises. The parties have no other understanding or agreement, oral or written, about the Premises or Tenant’s use or occupancy of, or any interest of Tenant in, the Premises. (c) Governing Law. This Lease, its interpretation and performance, the relationship between the parties, and any dispute arising from or relating to any of the foregoing, shall be governed, construed, interpreted and regulated under the laws of Minnesota, without regard to principles of conflict of laws. (d) Partial Invalidity. If any term or provision of this Lease or its application to any Person or circumstance shall to any extent be invalid or unenforceable, then the remainder of this Lease, or the application of such term or provision to Persons or circumstances except those as to which it is invalid or unenforceable, shall not be affected by such invalidity. (e) Force Majeure. If either Landlord or Tenant is delayed or prevented from performing any term of this Lease by reason of strikes, walkouts, inability to procure materials, failure of power, restrictive laws or regulations, riots, war or other reason beyond the Person’s reasonable control, then performance will be excused for the period of delay and the time for performance will be extended for a period equal to the period of such delay. This Section shall not excuse Tenant from the prompt payment of Fixed Rent, Additional Rent, or any other payments required by the terms of this Lease. (f) Further Assurances. Each party shall execute and deliver such further documents, and perform such further acts, as may be reasonably necessary to achieve the parties’ intent in entering into this Lease. (g) Certificates. Either party will at any time and without charge, within ten (10) days after written request by the other, certify by written instrument as to whether this Lease has been supplemented or amended, and if so, in what manner; the validity of this 21. Lease as of the time the request is received; the existence of any default by either party and any offset, counterclaim or defense on the part of the other party; the Commencement and Expiration Dates of the Term; and such other matters as may be reasonably requested. Information so communicated will be binding on the executing party and may be relied on by the party requesting the same and by the Person to whom the certificate is delivered. (h) Memorandum of Lease. Upon request by either, the parties shall promptly execute and acknowledge in recordable form, and deliver duplicate originals of a memorandum of this Lease. Either party may record such memorandum. (i) Binding Effect. This Lease constitutes the entire agreement between the parties and may not be changed, modified, amended or supplemented except in writing, signed by both Landlord and Tenant. All other oral or written agreements, promises and arrangements in relation to the subject matter of this Lease are hereby amended, superseded and replaced in their entirety by this Lease. This Lease will be binding on each of the parties and their respective successors and permitted assigns. All Persons to whom any interest in this Lease, the leasehold estate hereby created, the Premises or the Improvements may be transferred in accordance with the terms of this Lease will, by accepting such transfer, be bound by this Lease to the same extent as if such transferee had been an original party hereto. This Lease is intended to create rights between Landlord and Tenant and is not intended to confer rights on any other Person or to constitute such Person a third party beneficiary hereunder. (j) Merger. This Lease and the leasehold estate hereby created will not merge with any other estate or interest in the Premises or the Improvements, including the Shared use agreement or Memorandum of Agreement between the Parties, by reason of the fact that the same Person may own or hold directly or indirectly (a) the rights of Tenant under this Lease or the leasehold estate hereby created or any interest therein; and (b) any other estate or interest in all or any part of the Premises or the Improvements. No such merger will occur until such time as all Persons holding an interest in this Lease and the leasehold estate hereby created and any such other estate or interest in the Premises or the Improvements or any part thereof join in a written instrument effecting such merger and duly record the same. (k) Costs and Expenses; Legal Costs. In the event of any litigation or dispute between the parties, or claim made by either party against the other, arising from this Lease or the landlord-tenant relationship under this Lease, or Landlord’s enforcement of this Lease upon an Event of Default, or to enforce or interpret this Lease or seek declaratory or injunctive relief in connection with this Lease, or to exercise any right or remedy under or arising from this Lease, or to regain or attempt to regain possession of the Premises or terminate this Lease, or in any Bankruptcy Proceeding affecting the other party to this Lease, the prevailing party shall be entitled to reimbursement of its Legal Costs and all other reasonable costs and expenses incurred in enforcing this Lease or curing the other party’s default. 22. (l) No Consequential Damages. Whenever either party seeks or claims damages against the other party (whether by reason of a breach of this Lease by such party, in enforcement of any Indemnity obligation, for misrepresentation or breach of warranty, or otherwise), neither Landlord nor Tenant shall seek, nor shall there be awarded or granted by any court, arbitrator or other adjudicator, any speculative, consequential, collateral, special, punitive or indirect damages, whether such breach shall be willful, knowing, intentional, deliberate or otherwise. The parties intend that any damages awarded to either party shall be limited to actual, direct damages sustained by the aggrieved party. Neither party shall be liable for any loss of profits suffered or claimed to have been suffered by the other. (m) No Waiver by Silence. Failure of either party to complain of any act or omission on the part of the other party shall not be deemed a waiver by the noncomplaining party of any of its rights under this Lease. No waiver by either party at any time, express or implied, of any breach of this Lease shall waive such breach or any other breach. (n) Survival. All rights and obligations that by their nature are to be performed after any termination of this Lease shall survive any such termination. (o) Cooperative Programming. Landlord and Tenant agree to explore the feasibility of cooperating in providing, to members of the YMCA or the public, programs that would mutually benefit Landlord and Tenant. Such cooperative programming may occur on the Premises or at other locations. (p) Mediation and Dispute Resolution. The parties agree that any dispute hereunder shall be submitted to mediation prior to commencement of litigation. IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be duly executed. LANDLORD: TENANT: COUNTY OF WRIGHT YOUNG MEN’S CHRISTIAN ASSOCIATION OF THE GREATER TWIN CITIES By By Its Its By By Its Its CITY OF MONTICELLO 23. By Its By Its Exhibit A - the “Property” YMCA Lease Location Bertram Chain of Lakes Park Concept Plan 1 2 3 4 5 7 8 9 10 14 17 19 18 20 21 13 12 5 6 Exhibit B -the "Premises or Land" YMCA Camp Manitou DevelopmentPlan Bl d g . # Da y C a m p B u i l d i n g I n v e n t o r y YM C A On l y YM C A Su m m e r Pa r k w / Fe e Pa r k w / o Fe e Co m m e n t s D e s c r i p t i o n o f A s s e t s 1 T r a i l h e a d b u i l d i n g - F U T U R E D E V E L O P M E N T (C o u n t y P a r k s h a r e d u s e ) S u m m e r s t o r m s h e l t e r Th e c o s t s h a r e a n d p r o g r a m d e v e l o p m e n t o f t h i s b u i l di n g ha s n o t y e t b e e n n e g o c i a t e d . Wi n t e r i z e d b u i l d i n g f o r t r a i l h e a d c r o s s c o u n t r y s k i ing. Su m m e r o f f i c e a n d w e l c o m e b u i l d i n g . F a l l w i n t e r sp r i n g a c t i v i t i e s b u i l d i n g w i t h w a l k o u t b a s e m e n t a c ts as s t o r m s h e l t e r a n d r a i n y d a y p r o g r a m s p a c e i n t h e su m m e r , s k i i n g i n t h e w i n t e r The details of how this building will be funded, designed and used is still in negotiations and there will likely not be an agreement between both parties by the signing of the Lease Agreement. 2 R a i n y D a y P a v i l i o n ( p o l e b a r n w / l a r g e d o o r s ) - ac t i v i t y b u i l d i n g ( o f f i c e / i n f i r m a r y ) X X On c o l d d a y s o r d r i v i n g r a i n s , a p a v i l i o n p r o v i d e s pr o t e c t i o n a n d w i l l b e u s e d t h r o u g h o u t e a c h d a y a s th e b a s e o f c a m p o p e r a t i o n s . Pole barn construction with an insulated standing metal seam roof 3 A r t s a n d C r a f t s b u i l d i n g / s h e l t e r St o r a g e X Sh e l t e r X Sh e l t e r X Th i s b u i l d i n g i s s i z e d t o a l s o b e a r a i n y d a y p r o g r am sp a c e w i t h s e c u r e d s t o r a g e . The middle third of this pavilion will be framed and sided to secure arts and crafts supplies. 7 N a t u r e P a v i l i o n St o r a g e X Sh e l t e r X Sh e l t e r X Op e n a i r p a v i l i o n w i t h p i c n i c t a b l e s f o r g r o u p s , st o r a g e a n d p o t e n t i a l p r o g r a m s p a c e f o r n a t u r e st u d i e s a n d p r o g r a m s u p p l i e s . P a v i l i o n a v a i l a b l e o n ev e n i n g s a n d w e e k e n d s f o r p a r k v i s i t o r s Open air pavilion with stick framed program space next to the pavilion could be enclosed to be used as location for storage and nature displays. 14 S t o r a g e G a r a g e ( n o n - p r o g r a m a r e a ) 24 ' x 3 2 ' a p p r o x . X Tw o c a r g a r a g e f o r g e n e r a l s t o r a g e f o r g e n e r a l s i t e ma i n t e n a n c e a s w e l l a s a d u m p s t e r e n c l o s u r e Typical stick framed garage similar in size to a two car garage with additional space for storage and a workbench. Da y C a m p P r o g r a m A r e a s Co m m e n t s ? 2 G a G a P i t s (l o c a t i o n t o b e d e t e r m i n e d ) X Lo c a t i o n t o b e d e t e r m i n e d i n t h e a r e a o f m a i n c a m p - pl a y e d l i k e d o d g e b a l l 16' coral with 3' walls - played like dodge ball 10 S p l a s h P l a s h P a d a n d P o o l w i t h s l i d e ( s ) w i t h su p p o r t b u i l d i n g a n d c h a n g e c a b i n s . T h e P o o l ma y b e i n a b u i l d i n g f o r s e c u r i t y . X Sp l a s h P a d w i l l b e a w a t e r r e c r e a t i o n a r e a w i t h n o st a n d i n g w a t e r , f o u n t a i n s a n d s p r a y f e a t u r e s . T h e r e wi l l b e a p o o l w i t h a d e e p e r p l u n g e p o o l a n d w a t e r sl i d e ( s ) . The water feature will be designed for younger kids with no "standing water", and a pool with a waterslide. The pool may be built in a building to keep it secure when not in use and tempered for use in the fall and spring. 21 R o p e s C o u r s e , C l i m b i n g T o w e r a n d L o w T e a m Bu i l d i n g I n i t i a t i v e C o u r s e (l o c a t i o n ( s ) t o b e d e t e r m i n e d ) X Th e s e a r e t e a m b u i l d i n g i n i t i a t i v e s f a c i l i t a t e d b y YM C A s t a f f d e s i g n e d t o e n c o u r a g e t e a m w o r k a n d co m m u n i c a t i o n s b e t w e e n p a r t i c i p a n t s The structures, obstacles and other items needed for this program area simple wood structures using utility poles, platforms, ropes and cables. Development of these areas will be ongoing. 4 A m p h i t h e a t e r X X X Ho l d s f u l l c a m p a n d p a r e n t s . U s e d f o r o p e n i n g , cl o s i n g a n d f a m i l y n i g h t s - w o o d b e n c h e s a n d a f r e e st a n d i n g d e c k ; H o l d s s t a f f , c a m p e r s a n d p a r e n t s Similar in size to the existing amphitheater with wood benches and a free standing deck; capacity approx. 400 to 500 campers and parents Th e Y M C A m a y c o m p l e t e l y f u n d t h e c o s t o f t h i s bu i d l i n g . P r i o r t o c o n s t r u c t i o n , w e w i l l d i s c u s s t h e pr o g r a m m a t i c u s e a n d s h a r e d c o n s t r u c t i o n c o s t s . Pl a n s w i l l n e e d t o b e c l e a r p r i o r t o t h e J u n e 2 0 1 4 sa l e of t h e p r o p e r t y . Exhibit B -the "Premises or Land"YMCA Camp Manitou DevelopmentPlan Printed 11/3/2013 Bl d g . # Da y C a m p B u i l d i n g I n v e n t o r y YM C A On l y YM C A Su m m e r Pa r k w / Fe e Pa r k w / o Fe e Co m m e n t s D e s c r i p t i o n o f A s s e t s 12 C a n o e i n g w / s t o r a g e r a c k s a n d d o c k - L o c a t e d o n L o n g L a k e , w e s t e r n s h o r e X Ex i s t i n g a r e a - m i n o r u p g r a d e s f o r s t o r a g e a n d se c u r i t y n e e d e d Located on the western shore of Long Lake. Exclusive use of equipment in a shared landing. Secured storage will be necessary 5 2 A r c h e r y R a n g e s w / l o c k e d s t o r a g e X In c l u d e s n e w t a r g e t s t a n d s , c l e a r i n g t r e e s , f e n c i n g an d s i m p l e s h a d e s t r u c t u r e s . T h i s a r e a w i l l n o t b e de s i g n e d t o b e u s e d b y t h e g e n e r a l p u b l i c . T h e di s t a n c e t o t h e t a r g e t i s t o o s h o r t f o r a d u l t a r c h e ry. Simple archery ranges for youth, netting behind targets to catch arrows. Shad structures over participants if shad structures are necessary 13 C h a n g e C a b i n s a n d b a t h r o o m s a t t h e b e a c h - F U T U R E D E V E L P O M E N T (C o u n t y P a r k s h a r e d u s e ) Sh a r e d u s e b a t h r o o m s a n d c h a n g e c a b i n b u i l d i n g lo c a t e d b y B e r t r a m B e a c h . T h e c h a n g e a r e a u s e d b y ca m p w i l l b e d e s i g n s o t h e y c a n n o t b e a c c e s s e d b y th e p u b l i c This building will be built as part of a YMCA/Park partnership. It is anticipated that support facilities will be needed prior to opening the beach to the public. 13 S w i m m i n g A r e a (C o u n t y P a r k s h a r e d u s e ) X X Cu r r e n t b e a c h i s a p p r o x . 1 2 5 f e e t a n d w i l l n e e d t o be ex p a n d e d t o 2 0 0 f e e t w i t h 5 0 f e e t r e s e r v e d m - f f o r YM C A p r o g r a m m i n g . C o s t i n c u d e s s h a r i n g c o s t o f be a c h c o n s t r u c t i o n , n e w d o c k s a n d p o r t a b l e g u a r d st a n d s . It is understood that the beach will need to be expanded to accommodate both the YMCA and public swimmers. The county and the YMCA will share the cost of expanding the beach to a sized agreed upon by both parties. 9 P l a y F i e l d - a r e a i n c l u d e s a n o p e n a i r p a v i l i o n i n th e f u t u r e . X P l a y F i e l d X Pa v i l i o n X Ar e a i s g e n e r a l l y f l a t . S o m e s o i l c o r r e c t i o n s a n d gr a d i n g f o r d r a i n a g e w i l l b e n e c e s s a r y . If a pavilion is built in the future, it will be an open pavilion, slab on grade. W e e B a c k p a c k e r P l a y F i e l d ( y o u n g e r c a m p e r s ) Po s s i b l e l o c a t i o n n e x t t o S p l a s h P a d p l a y f e a t u r e fo r y o u n g e r c a m p e r s X P l a y F i e l d X X Ar e a i s g e n e r a l l y f l a t . S o m e s o i l c o r r e c t i o n s a n d gr a d i n g f o r d r a i n a g e w i l l b e n e c e s s a r y . Open field for small group games Mi s c e l l a n e o u s F a c i l i t y I n f r a s t r u c t u r e Co m m e n t s Pa t h s t h r o u g h o u t c a m p (l o c a t e d t h r o u g h o u t t h e p a r k a n d c a m p a r e a ) X X Cl a s s 5 , g r a d i n g a n d s t e p s . S o m e p a t h s a r e e x i s t i n g . Paths inside the Premises will be maintained by the YMCA. Paths outside the Premises will be maintained by the Park 6 G r o u p C a m p S i t e s ( 1 4 t o 1 8 s i t e s ) X X In c l u d e s c l e a r i n g t r e e s , a p i c n i c t a b l e a n d f i r e p i t. So m e o f t h e e x i s t i n g s i t e s w i l l b e r e l o c a t e d t o n e w si t e . 8 P a r k i n g l o t a n d r o a d c o n f i g u r a t i o n t o a c c e s s ca m p - c o n s t r u c t e d a s n e e d e d (C o u n t y P a r k s h a r e d u s e ) X X Pl a n n e d p a r k i n g f o r 4 - 8 b u s s e s a n d 2 0 - 3 0 c a r s f o r st a f f a n d v i s i t o r s ( 2 d e s i g n a t e d H C p a r k i n g s p a c e s ) Pa r k i n g n e e d s a r e c u r r e n t m e t u s i n g e x i s t i n g p a r k i n g ar e a s l o c a t e d o n p a r c e l # 8 15 E x i s t i n g a c c e s s r o a d n / a n / a n / a n / a Th e e x i s t i n g a c c e s s r o a d w i l l b e u s e d d u r i n g t h e in t e r i m p e r i o d o f t i m e s t a r t i n g i n 2 0 1 4 u n t i l t h e n ew pe r m a n e n t p a r k r o a d i s c o n s t r u c t e d Th e Y M C A m a y c o m p l e t e l y f u n d t h e c o s t o f t h i s bu i d l i n g . P r i o r t o c o n s t r u c t i o n , w e w i l l d i s c u s s t h e pr o g r a m m a t i c u s e a n d s h a r e d c o n s t r u c t i o n c o s t s . Pl a n s w i l l n e e d t o b e c l e a r p r i o r t o t h e J u n e 2 0 1 4 sa l e of t h e p r o p e r t y . Printed 11/3/2013 Bl d g . # Da y C a m p B u i l d i n g I n v e n t o r y YM C A On l y YM C A Su m m e r Pa r k w / Fe e Pa r k w / o Fe e Co m m e n t s D e s c r i p t i o n o f A s s e t s 17 T e m p o r a r y a c c e s s d r i v e f r o m t h e e x i s t i n g c a m p ro a d t o t h e n e w p a r k i n g l o t n/ a n / a n / a n / a A t e m p o r a r y c o n n e c t i o n w i l l b e m a d e f r o m t h e ex i s t i n g a c c e s s r o a d . T h i s a c c e s s r o a d w i l l b e re m o v e d b y t h e C o u n t y / C i t y w i t h t h e c o n s t r u c t i o n o f th e n e w r o a d . The current road will be maintained only to a point of being passable to make it easier to abandon when the county installs the main park road that will run past the YMCA's parking lot cutting over the temporary access drive that is being created in this earlier phase. 18 W e l l - l o c a t i o n n o t y e t d e t e r m i n e d X Th e w e l l f o r f r e s h w a t e r w i l l b e l o c a t e d i n t h e pr o x i m i t y o f t h e t r a i l h e a d b u i l d i n g a n d p o o l a r e a . The YMCA will install the well for its exclusive use. If in the future, it is determined the well could benefit both parties, the county will pay back to the YMCA an amount equivalent to the counties projected use. 19 S e p t i c S y s t e m t o s u p p o r t t r a i l h e a d b u i l d i n g ba t h r o o m s a n d s p l a s h p a d / p o o l - P o s s i b l y d e v e l o p e d i n p h a s e s , a s n e e d e d (C o u n t y P a r k s h a r e d u s e i f p r a c t i c a l b u t n o t r e q u i r ed ) X Th e l o c a t i o n w i l l b e d e t e r m i n e d b a s e d o n b o t h t h e YM C A a n d C o u n t y P a r k n e e d s . I t w i l l b e d e s i g n e d t o be e x p a n d e d a s t h e n e e d s o f t h e Y M C A a n d C o u n t y Pa r k c h a n g e . Both parties recognize that it may not be practical to share the septic system. The YMCA will exclusively construct and maintain the septic system until such time is determined if it is practical to share the system with the park development. Si g n s Ge n e r a l W a y F i n d i n g D i r e c t i o n a l S i g n s De s i g n e d t o m a t c h o t h e r C o u n t y P a r k s i g n s , l o c a t e d as n e e d e d t o d i r e c t g u e s t t o t h e c a m p o f f i c e . Te m p o r a r y s i g n s w i l l b e u s e d w h e n n e e d e d b u t o n l y du r i n g t h e t i m e o f c a m p o p e r a t i o n . At least one temporary sign will be set at Briarwood at the start and end of each day to direct parent pickup and drop-off families to turn at the park entrance. 20 M a i n E n t r a n c e C a m p S i g n Th i s s i g n w o u l d b e l o c a t e d n e x t t o t h e Y M C A p a r k i n g lo t a n d w i l l i n c l u d e Y M C A b r a n d i n g c o l o r s a n d l o g o The size and design of the sign would meet the sign specifications described in the Lease Agreement Ru l e s ( w a t e r f r o n t a n d b o a t i n g a r e a s ) Mi s c e l l a n e o u s r u l e s i g n s w i l l b e n e c e s s a r y a t de s i g n a t e d a r e a s . T h e s e r u l e s w i l l b e s p e c i f i c t o YM C A c a m p p r o g r a m s a n d r e q u i r e d b y A C A . The American Camping Association (ACA) requires that rule signs are posted in areas like boating, swimming beaches, archery, etc. Po s t e d s i g n s a t " p u b l i c " a c c e s s p o i n t s So m e a r e a s n e e d t o b e d e s i g n a t e d f o r s u m m e r ca m p e r u s e o n l y t o p r o t e c t t h e c h i l d r e n f r o m un w a n t e d i n t e r a c t i o n w i t h t h e p u b l i c . Examples would be, but not limited to, access points to the Leased area to keep the general public out during times of exclusive use. Signs could be seasonal. Printed 11/3/2013 Bl d g . # Da y C a m p B u i l d i n g I n v e n t o r y YM C A On l y YM C A Su m m e r Pa r k w / Fe e Pa r k w / o Fe e Co m m e n t s D e s c r i p t i o n o f A s s e t s Sh a r e d c o s t s w i l l b e n e g o t i a t e d p r i o r t o t h e s t a r t of t h e c o n s t r u c t i o n o f t h o s e b u i l d i n g s a n d u t i l i t i e s t h a t a r e s h a r e d b e t w e e n t h e C o u n t y / C i t y a n d Y M C A . In the event the County Park is n o t r e a d y t o s t a r t i n v e s t i n g a t t h e t i m e o f c o n s tr u c t i o n , a L a t e C o m e r s A g r e e m e n t w i l l b e r e a c h e d t o a l l o w p a y m e n t a t a l a t e r d a t e p r i o r t o a c c e s s t o shared space or utility. Ca m p w i l l p e r i o d i c a l l y p l a n a f a m i l y n i g h t w h e r e t h e c a m p e r s w i l l s t a y a t c a m p p a s t 5 : 0 0 a n d w o u l d b e me t b y t h e i r p a r e n t s a r r i v i n g b e t w e e n 5 : 3 0 a n d 6 : 3 0 with a program planned in th e a m p h i t h e a t e r a t 7 : 0 0 , e n d i n g a t 8 : 0 0 . C a m p e r s , wi t h t h e i r p a r e n t s w o u l d b e l e a v i n g t h e p a r k b e f o r e d u s k . T h u r s d a y n i g h t h a s t y p i c a l l y b e e n a " P a r e n t Night". No t e s a n d A s s u m p t i o n s : Th e d a s h e d l i n e i n d i c a t e s t h e d e s i g n a t e d b u f f e r b e t we e n t h e t r a i l a n d a r e a a v a i l a b l e t o b e d e v e l o p e d b y t h e Y M C A a s d e s c r i b e d i n t h e g r o u n d l e a s e . T h e b u ffer is 35 feet from the tr a i l s b o a r d i n g t h e L e a s e d a r e a . So m e a r e a s o f c a m p w i l l b e d e s i g n e d t o b e u s e d a n d pr o g r a m m e d b y t h e Y M C A o n a y e a r r o u n d b a s i s . A r e a s l i k e t h e T e a m B u i l d i n g C o u r s e , H i g h Z i p L i n e , A q u a tic Play Area and Tr a i l h e a d b u i l d i n g c a n b e a c c e s s b y t h e p u b l i c , c a m pe r s a n d Y M C A f o r a u s e r s f e e t h a t w i l l b e d e t e r m i n ed b y t h e Y M C A . T h e s e a r e a s w i l l b e a d d r e s s e d i n t h e operational ag r e e m e n t . Ty p i c a l d a y c a m p e r g r o u p s i z e i s 1 3 c a m p e r s p l u s o n e o r t w o s t a f f . P r o g r a m a r e a s l i k e b o a t i n g / c a n o e i n g , s w i m m i n g , h i k i n g , e t c . t h a t m a y h a p p e n o u t s i d e t h e YMCA leased property ma y b e m a d e u p o f m u l t i p l e c a m p e r g r o u p s Ca p a c i t y o f c a m p i s c u r r e n t l y 2 0 0 - 2 5 0 p e r d a y . W e a re p l a n n i n g f o r a m a x i m u m c a m p e r c a p a c i t y o f 3 0 0 c a mp e r s p l u s n e c e s s a r y c a m p s t a f f . Printed 11/3/2013 Lease Parcel That part of Section 16 and Section 17, Township 121 North, Range 25 West, Wright County, Minnesota, described as follows: Commencing at the Northeast Corner of said Section 17, thence South 0 degrees 39 minutes 19 seconds East, assumed bearing, along the East line of the Northeast Quarter of said Section 17, a distance of 328.21 feet; thence North 89 degrees 20 minutes 41 seconds East, a distance of 158.20 feet to the point of beginning of the parcel to be described; thence South 34 degrees 20 minutes 45 seconds West, a distance of 129.21 feet; thence Southerly along a tangential curve, concave to the East, radius 200.00 feet, central angle 40 degrees 01 minutes 51 seconds, a length of 139.73 feet; thence South 05 degrees 41 minutes 06 seconds East, tangent to said previous curve, a distance of 76.46 feet; thence Southerly along a tangential curve, concave to the West, radius 265.00 feet, central angle 31 degrees 33 minutes 13 seconds, a length of 145.94 feet; thence Southerly on a reverse curve, concave to the East, radius 116.00 feet, central angle 42 degrees 08 minutes 49 seconds, a length of 85.33 feet; thence Southerly along a reverse curve, concave to the West, radius 365.00 feet, central angle 15 degrees 23 minutes 19 seconds, a length of 98.03 feet; thence South 00 degrees 53 minutes 23 seconds East, tangent to said previous curve, a distance of 39.27 feet; thence Southwesterly along a non-tangential curve, concave to the Southeast, radius 102.61 feet, central angle 39 degrees 45 minutes 23 seconds, chord bearing South 47 degrees 33 minutes 30 seconds West, a length of 71.20 feet; thence Southwesterly along a non-tangential curve, concave to the Southeast, radius 75.00 feet, central angle 74 degrees 37 minutes 46 seconds, chord bearing South 57 degrees 16 minutes 31 seconds West, a length of 97.69 feet; thence Southwesterly and Westerly on a reverse curve, concave to the Northwest, radius 40.00 feet, central angle 75 degrees 21 minutes 07 seconds, a length of 52.61 feet; thence Westerly along a compound curve, concave to the North, radius 379.52 feet, central angle 17 degrees 13 minutes 43 seconds, a length of 114.12 feet: thence Northwesterly along a compound curve, concave to the Northeast, radius 266.24 feet, central angle 32 degrees 34 minutes 00 seconds, a length of 151.33 feet: thence Westerly on a reverse curve, concave to the South, radius 174.60 feet, central angle 62 degrees 08 minutes 02 seconds, a length of 189.34 feet; thence Northerly on a non-tangential curve, concave to the East, radius 175.90 feet, central angle 44 degrees 46 minutes 00 seconds, chord bearing North 28 degrees 34 minutes 28 seconds West, a length of 137.44 feet; thence North 06 degrees 11 minutes 28 seconds West, tangent to said previous curve, a distance of 122.24 feet; thence Northwesterly on a tangential curve, concave to the West, radius 294.00 feet, central angle 28 degrees 41 minutes 14 seconds, a length of 147.20 feet; thence Northeasterly along a non-tangential curve, concave to the Northwest, radius 612.26 feet, central angle 18 degrees 39 minutes 07 seconds, chord bearing North 37 degrees 07 minutes 45 seconds East, a length of 199.31 feet; thence North 27 degrees 48 minutes 12 seconds East, tangent to said previous curve, a distance of 120.60 feet; thence Northeasterly, Easterly and Southeasterly along a tangential curve, concave to the South, radius 326.75 feet, central angle 116 degrees 18 minutes 09 seconds, a length of 663.26 feet, thence South 35 degrees 53 minutes 39 seconds East, tangent to said previous curve, a distance of 14.70 feet; thence Southeasterly along a tangential curve, concave to the Northeast, radius 250.37 feet, central angle 21 degrees 10 minutes 48 seconds, a length of 92.55 feet to the point of beginning. Certified Plan by Hakanson Anderson on following page Exhibit C – Legal Description The “Additional Premises” Exhibit identifies those locations within the park that would be programmed at certain times by the YMCA. This list is meant to speak to those areas that the YMCA, County and City are aware of at the time the lease was created, knowing that these areas will need to be changed and/or expanded in the future, as long as these changes don’t interfere with the intended use of the park as defined by the Park Council and/or the YMCA programming and its intended use of the Park, as defined in section 5 of the Lease Agreement) Fishing Dock – A: YMCA participants, supervised by YMCA staff, would use the fishing dock for the purpose of fishing. A permanent peer style dock may be installed by the park for the public and YMCA participants to use jointly. A seasonal dock may be installed by the YMCA in a similar location for exclusive use by the YMCA, Monday through Friday, 9:00 through 4:30. Swimming Beach – B: A designated section of the beach would be set up for use by YMCA participants, and supervised by YMCA staff at the sole discretion of the YMCA. That swimming area will be used exclusively by the YMCA, Monday through Friday from 9:00 AM to 4:30 PM. The swimming area will be identified by swim buoy lines, this area may encompass a water play features like a Rave, Splash Mats, etc. that will be secured from the public at the end of each day. The area on the beach will have signs marking the designated area, to keep clear separation from the general public during day camp program hours of operation. This is a safety requirement for accreditation by the American Camping Association (ACA) – this sign can be seasonal. Signs separating the two beaches can be removed when not in use by the YMCA to open both sections of beach for public use. This area may also contain other water play activities like kayaks, paddle boards, etc. that would be secured from the public at the end of each day and may require a storage area for equipment and life jackets. Changing Area – C: There will be separate change area to keep YMCA participants and the public separated allowing the campers to safely change. It is understood that the restrooms will be shared by the public. The change cabin has not been designed yet but the YMCA would pay a portion of the design and construction cost of the building only, based on the design and use of the building. Canoe, Kayaking - D: Located on Long Lake, there will be canoe racks and/or a shelter built for storing boats. If necessary, a temporary storage pod may need to be located in this area to keep equipment safe. Camp Sign - E: A main camp sign displaying the name of the camp, with camp and YMCA branding; “The Camp Sign”, as described in the Lease Agreement. Access Road/route to leased property: – Access to and from the YMCA leased property, by YMCA staff and campers will be granted with no gate fee. This includes the ability to utilize the parking lot on the Premises, without the need for a county park parking permit. Individuals who are not a part of the day camp program or part of an organized group (like a church or school group) will be required to pay a park access or parking fee if required by the general public, as defined in the lease. Access to park and park amenities: - areas of the park, like hiking trails, fishing docks, picnic areas and other park amenities that are available to the general public, without reservation or additional fee, will also be available to YMCA staff and participants without reservation. Additional YMCA Signage: YMCA signage will be allowed for the designated purpose of providing: Exhibit D - the “Additional Premises” · Directional signage necessary to direct YMCA staff and guests from Briarwood Ave to the Premises. Additional temporary signs may be posted in strategic locations to help direct parents dropping off campers. These temporary signs would be placed in the morning and removed at the end of each day by YMCA staff. · Temporary signage my be allowed and will be provided by the YMCA near areas outside the leased property in areas designated for YMCA use during certain times of the day, like the swimming beach, and canoeing area. · Signs will be posted limiting access to trails that access the Premises during day camp program hours of operations. Exhibit D - the “Additional Premises” A B C D Camp Manitou E EXHIBIT B OF THE 4TH ADDENDUM TO THE MOU OPERATING AGREEMENT FOR YMCA CAMP MANITOU AT BERTRAM CHAIN OF LAKES REGIONAL PARK This agreement is made effective _______, 2013 by and between the Young Men’s Christian Association of the Greater Twin Cities, a Minnesota corporation (“YMCA”) and the City of Monticello, a Minnesota municipal corporation (the “City”) and the County of Wright, a Minnesota political subdivision (the “County”). RECITALS: A.The YMCA has conveyed to the City and the County certain real property (the “Property”) located in Wright County, Minnesota which property is the site of the YMCA’s Camp Manitou program and facilities. As a result of the conveyance, the Property is being developed by the City and the County into the Bertram Chain of Lakes Regional Park (the “Regional Park”) and the YMCA Camp Manitou facility is to be relocated within the Regional Park. B.The foregoing described conveyance is part of a series of transactions between the parties to this agreement as more specifically described in that certain Memorandum of Understanding dated December 15, 2008 and addenda thereto. C.For purposes of locating the YMCA Camp Manitou Facility within the Bertram Chain of Lakes Regional Park, the Parties have executed a ground lease dated _________ (the “Lease”) which provides a 99 year location for the operation of the YMCA’s Camp Manitou programs at certain premises (the “Premises”) as described in the Lease. The Lease governs the occupancy and use of the Premises, provides for the current YMCA Camp Manitou core programming and the initial development of the relocated Camp Manitou facilities and defers the management of the day to day relationship between the Regional Park and Camp Manitou to this Operating Agreement. D.This Operating Agreement is intended to accommodate the development and operation of the YMCA’s Camp Manitou within the Regional Park in order to promote its continued operation and compatibility with the operation of the Regional Park by providing a framework for governance and decision-making. The Operating Agreement is intended to supplement but not supersede the Lease. E.It is expected that this Operating Agreement will be modified from time to time to reflect then current circumstances of the Regional Park and its patrons and programming, as well 2 as the YMCA and its camp patrons and programming. All such modifications shall be attached hereto as amendments. F.Definitions as specified within the Lease dated __________ are herein incorporated by reference. Now, therefore, in consideration of mutual promises herein made, the transactions described herein and other good and valuable consideration, the parties to this agreement, the YMCA, County and City, agree as follows: 1.Guiding Principles:The Parties expect that, during the Term of the Lease, the Camp Manitou program and facilities will change and evolve to meet the needs of current camp patrons. These anticipated changes in the program and facilities will be done by the YMCA in conformance with the standards and provisions of this Operating Agreement and upon the prior recommendation of the Park Advisory Council, and approval of the City Council and County Board. The approval will be obtained as described in Section 3 of this Operating Agreement. Nothing in this Operating Agreement limits the YMCA from requesting improvements to the Property outside the Premises, nor does it create any obligation by the City or County to undertake the requested improvements to the Property. The operation and governance of the relationship between the YMCA and the City and County will be guided by the following core values and principles which are intended to provide standards for decisions made by the Parties relating to development and operation of the YMCA Camp Manitou within the Regional Park: o Create outdoor recreation experiences for all in a fun/safe environment. Outdoor recreation refers to leisure pursuits which are engaged in the outdoors particularly in a natural or semi-natural environment. o Provide activities and improvements which are responsive to changing camp and camp patron expectations and which are competitive in the regional outdoor recreation market. o Provide activities and improvements which add educational, recreational and conservation value to the park experience, which can be safely shared by YMCA camp patrons and the public. o Provide improvements and activities which can be used exclusively by YMCA camp patrons during camp hours and made available to the public at other times for a fee, as agreed upon. o Provide activities and improvements for exclusive use of the YMCA. o The design intent for the property is to locate active improvements and activities on the north side of Bertram Lake, while keeping the balance of the park more natural. o Opportunities for collaboration and partnership between the YMCA, the City of Monticello, and Wright County will be considered in order to improve efforts to plan, maintain, protect and restore resources. o Improvements shall be made within “The Premises” as described in the Lease and Lease exhibits unless otherwise specifically approved. 3 2.Criteria for Improvements and Additional or Replacement Activities:In the consideration of the eventual requests for changes to, deletion of, or addition to the Camp Manitou program or improvements, the criteria described in this Section 2 shall be applied. Requests which demonstrate that they meet the direction stated in these criteria shall be allowed pursuant to the process described in Section 3 of this document. 2.1.Safety for Users. Improvements and activities shall be designed to be safe for camp patrons and the public. 2.2.Staffing and Security. Activities must be adequately staffed when operating and secured when not in use. 2.3.Noise and Operating Hours. Noise levels and operating hours must meet levels acceptable for the types of activity and appropriate for the community and the location within the park, and consistent with park ordinances and hours. 2.4.Traffic. Vehicle and traffic volumes and patterns need to be considered when adding activities and improvements. Traffic design standards shall be consistent with generally accepted park planning and engineering guidelines. 2.5.Maintenance.Provisions and responsibility for maintenance of improvements and activities shall be described and included in plans, consistent with the life expectancy of the facility. 2.6.Resources.The natural resource base will be protected and enhanced during the construction and after improvement development. This shall include protecting native plant species, removal where feasible, and control of invasive species in impacted areas and shall include restoration of native plant communities. 2.7.Guiding Principles. Planning, placement and development of the improvements and activities shall be consistent with the intent of the Guiding Principles. 3.Camp Manitou Development: The YMCA agrees to develop, operate, control and maintain the leased Premises as a YMCA camp with related facilities used by the YMCA camp patrons during camp operating hours, which are initially during the Summer months as described in the lease agreement, Monday through Friday, from 8:00 am until 5:00 pm and are available for public use as described in this Operating Agreement. It is the expectation that there will be certain portions of the Premises not available to the public, certain portions of the Premises that will be open to the public with limitations, and other portions of the Premises that will be open to public use without limitation. 3.1.Site Use plan. The YMCA has prepared the attached site use plan, attached as Exhibit A, which depicts the use of the Premises the location of planned improvements. This Site Use Plan identifies areas of the Premises intended for exclusive use by YMCA and its patrons and those areas intended to be available to 4 the public. 3.2.Site Plan and Program Revisions. The Camp Manitou Site Plan or program may be revised from time to time by the YMCA. Any such revision shall be submitted for recommendation to the Park Advisory Council and to the City and County as described for approval as described herein. Approved modifications to the Site Plan or program shall be attached to this Agreement as an addendum. 3.3.Building Plans-New Construction. The YMCA shall provide plans and specifications for all buildings and other improvements to be constructed on the Premises to the Regional Park staff. 3.4.Utility plans. The YMCA shall provide plans and specifications for all utilities planned to be installed at the Premises. Such utility plans shall also identify proposed shared use and expansion capacity. 3.5.Inspection. All construction shall meet all applicable building codes and be inspected as required by law. In addition, the City and County will inspect construction and will not unnecessarily delay the progress of the work. 3.6.Bonding. Construction shall not require any bond surety or other security, unless constructions costs are shared by the parties, for which all applicable public processes shall be followed. 3.7.Schedule. The YMCA shall provide a construction schedule and make a good faith effort to obtain compliance with the schedule by its contractors. 3.8.Commencement. Construction shall commence as scheduled, however the YMCA shall provide a notification to the City and the County at least 15 days preceding any construction. 3.9.Completion. All work shall be timely completed. 3.10.Remodeling or Removal of Improvements. Any proposed alteration to constructed improvements at the Premises shall be undertaken with consultation between the YMCA and the City and County to assure it is accomplished without undue interference with use of the Regional Park. A detailed plan for any such remodeling or removal shall be provided by the YMCA to the City and County at least 30 days in advance of any such work. This does not apply to replacement or repair or maintenance. 4.Use of Regional Park Facilities in YMCA Programs:The initial scope of use for the Camp Manitou Program will be as authorized in the Lease. More specifically, the Camp Manitou Program will include, but not be limited to, the components described in the Lease. In connection with the Camp Manitou Program, the YMCA and camp patrons may use the public 5 areas of the Regional Park, without interfering with the public enjoyment. Any public facilities requiring reservation are subject to the Regional Park’s reservation procedures and applicable fees to be paid by the YMCA for use. 5.Park Management: The City and County through their respective Council and Board of Commissioners may delegate the operation of the Regional Park to a management board. In that event, the Management Board will include an ex-officio (non-voting) representative of the YMCA. Notwithstanding such delegation, the City and County shall retain the ultimate responsibility for the Regional Park and the relationship with the YMCA. 5.1.Appeal to City Council and County Board. Any decisions made by such a management board shall be subject to review by and appeal to the County Board and City Council. The YMCA may obtain review of any action or determination by submitting a letter request to the City and County within 20 days of such action or determination. The City Council or County Board shall consider the matter at its next meeting, no more than 30 days following the notice from the YMCA. 6.Approval Process. When modifications of the Site Use Plan or the YMCA Camp Manitou program activities subject to approval under this Agreement is sought, the following process will apply: 6.1.Pre-application.Staff of the YMCA and the County and City shall meet to discuss modification planning prior to plan development and application. 6.2.Application. The YMCA will prepare all proposals for improvements or additional activities in writing. The proposal will include a description of the improvement or additional activity, concept plans if appropriate, maintenance plans and criteria for continued operation. 6.3.Preliminary Review. The YMCA will confer with the Bertram Chain of Lakes Regional Park Advisory Council, or its successor, to ensure the proposal meets the Guiding Principles and Criteria. The Advisory Council will provide a written report summarizing their findings on the appropriateness of the improvement or addition based on the Guiding Principles and Criteria. The report will be provided to the YMCA and the City and County. 6.4.City and County Review. The YMCA will submit the written Proposal as amended from meetings with the Advisory Council, or its successor, to the City Council and County Board of Commissioners, or its delegate. 6.5.Notice of Decision. The City and County will notify the YMCA within 60 days of their determination. 6 6.6.Zoning and Permitting Approvals. If approved, the YMCA will follow the appropriate process for zoning and permitting. Improvements and additions are subject to the required processes for zoning and permitting. 6.7.Appeal of Delegated Decision. In the event of a dispute with the Advisory Council or its successor, the YMCA will have the option to appeal the decision to the City Council and County Board. 7.Shared Use of Facilities: Certain of the facilities developed by the YMCA are intended to be made available for use by the general public outside camp hours. These areas are those which can be utilized without disruption of YMCA Programs, its camp patrons and activities. 7.1.Passive Use by General Public. Access to the Pavilion and Amphitheater will be available to Regional Park users in accordance with Park rules except in the Summer months as described in the Lease agreement, during the hours of 8:00 am – 5:00 pm, Monday through Friday. 7.2.Locked Areas. Except for the Pavilion and Amphitheater, the improvements on the Premises may be locked and not available for use by the public. The Pavilion and Amphitheatre may be reserved for private events through the City and County, provided that any such use will comply with Regional Park rules and standards. No private events shall be scheduled unless the City and County have both obtained Comprehensive General Liability insurance as described in this Section 8. 7.3.Fees. Concession fees may be charged for public access and use of facilities, but not to exceed market rates for similar services and facilities within the region. 7.4.Operational Control during Public Use. The City and County shall develop appropriate rules and regulations limiting the access to and use of the Premises by Regional Park patrons and the general public consistent with the Lease and this Agreement. All public occupancy shall conform to the approved rules for use of the Premises. 7.5.Temporary Closures. The City and County may temporarily close certain areas of the property, outside the Premises, to public use for the purposes of establishing or protecting significant native populations of plants or animals, or to address hazards. The City and County will provide notification of the temporary closure. 7.6.Insurance and Indemnity for Public Use. The City and County shall each indemnify the YMCA from any and all liability for public use of the Premises. The City and the County each shall provide Comprehensive General Liability insurance 7 coverage naming the YMCA as an additional insured. This insurance shall provide the same policy limits and coverage as the insurance obtained by the YMCA from time to time. The YMCA shall defend and indemnify the City and County from any and all liability for its and its guests or invitees use of the Premises, The YMCA shall provide Comprehensive General Liability insurance coverage naming the City and County as an additional insured. This insurance shall provide the same policy limits and coverage at the insurance obtained by the City and County Upon renewal but in any event prior to April 1 of each calendar year the Parties shall provide to each of the other parties, certificates of coverage documenting the insurance held by each. 8.Essential Services: 8.1.Gate access without fees shall be available to the YMCA and its invitees using the Day Camp Manitou Programs. The current hours are 8:00 a.m. through 5:00 p.m., Monday through Friday, during the summer months as described in the Lease agreement. Organized groups using the YMCA Premises only will not be charged gate fees. 8.2.Road maintenance service shall be provided by the City and County as specified in the Lease. Maintenance service for parking areas serving the YMCA Day Camp Manitou shall be provided by the YMCA. 8.3.Electric Utilities shall be separately metered for the Premises. 8.4.YMCA contractors and vendors shall have access to the Premises at all reasonable times without payment of any gate fees. 9.Maintenance and Repair: With respect to the facilities on the Premises, the expenses of day to day maintenance and repair shall be paid by the YMCA. 10.Inspection and Entry: In exercising the rights of entry pursuant to the Lease, the City and County shall notify the YMCA at least 24 hours prior to entry and state the purpose for such entry. In the event the YMCA determines that such entry would be disruptive to its programs, it shall advise of an alternative entry opportunity which shall not unreasonably interfere with the purpose of the entry notice. 8 11.Enforcement: This Agreement may be enforced in any court of law through the right of specific performance. 12.Dispute Resolution: In the event a dispute relating to this Operating Agreement, neither the City, the County, nor the YMCA may bring any action in a court of law unless the claimant shall have first attempted to resolve the dispute through arbitration or mediation. 13.Signage: The Camp Manitou signage plan for the Regional Park shall include off site directional signs, on-site and on-Premise directional signs and a monument sign for the Premises. The signage plan is subject to the approval of the Park Advisory Council and costs for signage shall be equitably apportioned. The signage plan shall meet the minimum parameters described in this Section 14. o Off-site directional signs or sign language for Camp Manitou shall be included on all signs on local or County Roads for the Regional Park as allowed by current regulations. o Internal circulation signs shall provide direction from entry to the Premises. o There shall be a monument sign erected on the Premises within the Buffer Area identifying the Premises and the YMCA Camp Manitou. The sign shall conform to applicable County and City requirements. This sign shall be designed, constructed and maintained at the sole cost and responsibility of the YMCA. 14.Term: This Operating Agreement shall remain in full force and effect until the termination of the Lease between the YMCA and the City and County. 15.Amendments: it is expected and anticipated that this Agreement will be amended from time to time. No amendment shall be effective unless it is in writing and executed by all Parties. Amendments shall be memorialized in Addenda and attached to this Agreement. 16.General Provisions: 17.1 Compliance with Laws: The parties shall comply with all applicable laws and regulations. 17.2 Notices and Communication: Any Notice required or permitted under this Operating Agreement shall be in writing or electronic form; in each case properly addressed as follows: If to Landlord: County of Wright ATTN: Parks Administrator Wright County Parks Department 1901 Highway 25 North Buffalo, MN 55313 9 If to Landlord: City of Monticello ATTN: City Administrator 505 Walnut Avenue, Suite 1 Monticello, MN 55362-8822 If to Tenant: Young Men’s Christian Association of the Twin Cities 30 South Ninth Street Minneapolis, MN 55401 Attn: Vice President of Finance Facsimile: 612-371-8716 With a copy to: Gregory E. Korstad Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Seventh Street Minneapolis, MN 55431 Facsimile: 612-896-3333 Either party may change its address for the service of Notice by giving Notice of such change ten (10) days prior to the effective date of such change. 17.3 No Third Party Beneficiaries. Nothing in this agreement shall be construed to create any right or obligation to any third party. No third party, including but not limited to, park users or YMCA guests, shall be entitled to seek enforcement of the terms of this agreement. In witness whereof this Shared Use Agreement is executed by the parties as follows: Dated: ________________________ COUNTY OF WRIGHT _______________________________ Chairperson, County Board _______________________________ County Coordinator Dated: _________________________ CITY OF MONTICELLO _______________________________ Mayor ________________________________ City Administrator 10 Dated: _________________________ YOUNG MEN’S CHRISTIAN ASSOCIATION OF THE GREATER TWIN CITIES __________________________________ Glen Gunderson, CEO and President __________________________________ Gregory W. Waibel, Chief Financial Officer Exhibit A - the "Site Use Plan" YMCA Camp Manitou Development Plan Exhibit to the Operating Agreement Bl d g . # Da y C a m p B u i l d i n g I n v e n t o r y C o m m e n t s D e s c r i p t i o n o f A s s e t s 1 T r a i l h e a d b u i l d i n g - F U T U R E D E V E L O P M E N T (C o u n t y P a r k s h a r e d u s e ) S u m m e r s t o r m s h e l t e r W i n t e r i z e d b u i l d i n g f o r t r a i l h e a d c r o s s c o u n t r y s k i i n g . Su m m e r o f f i c e a n d w e l c o m e b u i l d i n g . F a l l w i n t e r sp r i n g a c t i v i t i e s b u i l d i n g w i t h w a l k o u t b a s e m e n t a c t s as s t o r m s h e l t e r a n d r a i n y d a y p r o g r a m s p a c e i n t h e su m m e r , s k i i n g i n t h e w i n t e r Th e d e t a i l s o f h o w t h i s b u i l d i n g w i l l b e f u n d e d , de s i g n e d a n d u s e d i s s t i l l i n n e g o t i a t i o n s a n d t h e r e wi l l l i k e l y n o t b e a n a g r e e m e n t b e t w e e n b o t h p a r t i e s by t h e s i g n i n g o f t h e L e a s e A g r e e m e n t . 2 R a i n y D a y P a v i l i o n ( p o l e b a r n w / l a r g e d o o r s ) - ac t i v i t y b u i l d i n g ( o f f i c e / i n f i r m a r y ) On c o l d d a y s o r d r i v i n g r a i ns , a p a v i l i o n p r o v i d e s pr o t e c t i o n a n d w i l l b e u s e d t h r o u g h o u t e a c h d a y a s th e b a s e o f c a m p o p e r a t i o n s . Po l e b a r n c o n s t r u c t i o n w i t h a n i n s u l a t e d s t a n d i n g me t a l s e a m r o o f 3 A r t s a n d C r a f t s b u i l d i n g / s h e l t e r Th i s b u i l d i n g i s s i z e d t o a l s o b e a r a i n y d a y p r o g r a m sp a c e w i t h s e c u r e d s t o r a g e . Th e m i d d l e t h i r d o f t h i s p a v i l i o n w i l l b e f r a m e d a n d si d e d t o s e c u r e a r t s a n d c r a f t s s u p p l i e s . 7 N a t u r e P a v i l i o n Op e n a i r p a v i l i o n w i t h p i c n i c t a b l e s f o r g r o u p s , st o r a g e a n d p o t e n t i a l p r o g r a m s p a c e f o r n a t u r e st u d i e s a n d p r o g r a m s u p p l i e s . P a v i l i o n a v a i l a b l e o n ev e n i n g s a n d w e e k e n d s f o r p a r k v i s i t o r s Op e n a i r p a v i l i o n w i t h s t i c k f r a m e d p r o g r a m s p a c e ne x t t o t h e p a v i l i o n c o u l d b e e n c l o s e d t o b e u s e d a s lo c a t i o n f o r s t o r a g e a n d n a t u r e d i s p l a y s . 14 S t o r a g e G a r a g e ( n o n - p r o g r a m a r e a ) 24 ' x 3 2 ' a p p r o x . Tw o c a r g a r a g e f o r g e n e r a l s t o r a g e f o r g e n e r a l s i t e ma i n t e n a n c e a s w e l l a s a d u m p s t e r e n c l o s u r e Ty p i c a l s t i c k f r a m e d g a r a g e s i m i l a r i n s i z e t o a t w o ca r g a r a g e w i t h a d d i t i o n a l s p a c e f o r s t o r a g e a n d a wo r k b e n c h . Da y C a m p P r o g r a m A r e a s C o m m e n t s ? 2 G a G a P i t s (l o c a t i o n t o b e d e t e r m i n e d ) Lo c a t i o n t o b e d e t e r m i n e d i n t h e a r e a o f m a i n c a m p - pl a y e d l i k e d o d g e b a l l 16 ' c o r a l w i t h 3 ' w a l l s - p l a y e d l i k e d o d g e b a l l 10 S p l a s h P l a s h P a d a n d P o o l w i t h s l i d e ( s ) w i t h su p p o r t b u i l d i n g a n d c h a n g e c a b i n s . T h e P o o l ma y b e i n a b u i l d i n g f o r s e c u r i t y . Sp l a s h P a d w i l l b e a w a t e r r e c r e a t i o n a r e a w i t h n o st a n d i n g w a t e r , f o u n t a i n s a n d s p r a y f e a t u r e s . T h e r e wi l l b e a p o o l w i t h a d e e p e r p l u n g e p o o l a n d w a t e r sl i d e ( s ) . Th e w a t e r f e a t u r e w i l l b e d e s i g n e d f o r y o u n g e r k i d s wi t h n o " s t a n d i n g w a t e r " , a n d a p o o l w i t h a wa t e r s l i d e . T h e p o o l m a y b e b u i l t i n a b u i l d i n g t o ke e p i t s e c u r e w h e n n o t i n u s e a n d t e m p e r e d f o r us e i n t h e f a l l a n d s p r i n g . ? T r e e t o p Z i p L i n e p r o g r a m (l o c a t i o n ( s ) t o b e d e t e r m i n e d ) Th i s i s a g r o u p t e a m b u i l d i n g a c t i v i t y o r c a n b e u s e d wi t h s m a l l g r o u p s o r i n d i v i d u a l s a s a r e c r e a t i o n a l ac t i v i t y . Th e s t r u c t u r e s , o b s t a c l e s a n d o t h e r i t e m s n e e d e d fo r t h i s p r o g r a m a r e a s i m p l e w o o d s t r u c t u r e s u s i n g ut i l i t y p o l e s , p l a t f o r m s , r o p e s a n d c a b l e s . De v e l o p m e n t o f t h e s e a r e a s w i l l b e o n g o i n g . 21 R o p e s C o u r s e , C l i m b i n g T o w e r a n d L o w T e a m Bu i l d i n g I n i t i a t i v e C o u r s e (l o c a t i o n ( s ) t o b e d e t e r m i n e d ) Th e s e a r e t e a m b u i l d i n g i n i t i a t i v e s f a c i l i t a t e d b y YM C A s t a f f d e s i g n e d t o e n c o u r a g e t e a m w o r k a n d co m m u n i c a t i o n s b e t w e e n p a r t i c i p a n t s Th e s t r u c t u r e s , o b s t a c l e s a n d o t h e r i t e m s n e e d e d fo r t h i s p r o g r a m a r e a s i m p l e w o o d s t r u c t u r e s u s i n g ut i l i t y p o l e s , p l a t f o r m s , r o p e s a n d c a b l e s . De v e l o p m e n t o f t h e s e a r e a s w i l l b e o n g o i n g . Pr i n t e d 1 1 / 3 / 2 0 1 3 4 A m p h i t h e a t e r Ho l d s f u l l c a m p a n d p a r e n t s . U s e d f o r o p e n i n g , cl o s i n g a n d f a m i l y n i g h t s - w o o d b e n c h e s a n d a f r e e st a n d i n g d e c k ; H o l d s s t a f f , c a m p e r s a n d p a r e n t s Si m i l a r i n s i z e t o t h e e x i s t i n g a m p h i t h e a t e r w i t h wo o d b e n c h e s a n d a f r e e s t a n d i n g d e c k ; c a p a c i t y ap p r o x . 4 0 0 t o 5 0 0 c a m p e r s a n d p a r e n t s 12 C a n o e i n g w / s t o r a g e r a c k s a n d d o c k - L o c a t e d o n L o n g L a k e , w e s t e r n s h o r e Ex i s t i n g a r e a - m i n o r u p g r a d e s f o r s t o r a g e a n d se c u r i t y n e e d e d Lo c a t e d o n t h e w e s t e r n s h o r e o f L o n g L a k e . Ex c l u s i v e u s e o f e q u i p m e n t i n a s h a r e d l a n d i n g . Se c u r e d s t o r a g e w i l l b e n e c e s s a r y 5 2 A r c h e r y R a n g e s w / l o c k e d s t o r a g e In c l u d e s n e w t a r g e t s t a n d s , c l e a r i n g t r e e s , f e n c i n g an d s i m p l e s h a d e s t r u c t u r e s . T h i s a r e a w i l l n o t b e de s i g n e d t o b e u s e d b y t h e g e n e r a l p u b l i c . T h e di s t a n c e t o t h e t a r g e t i s t o o s h o r t f o r a d u l t a r c h e r y . Si m p l e a r c h e r y r a n g e s f o r y o u t h , n e t t i n g b e h i n d ta r g e t s t o c a t c h a r r o w s . S h a d s t r u c t u r e s o v e r pa r t i c i p a n t s i f s h a d s t r u c t u r e s a r e n e c e s s a r y 13 C h a n g e C a b i n s a n d b a t h r o o m s a t t h e b e a c h - F U T U R E D E V E L P O M E N T (C o u n t y P a r k s h a r e d u s e ) Sh a r e d u s e b a t h r o o m s a n d c h a n g e c a b i n b u i l d i n g lo c a t e d b y B e r t r a m B e a c h . T h e c h a n g e a r e a u s e d b y ca m p w i l l b e d e s i g n s o t h e y c a n n o t b e a c c e s s e d b y th e p u b l i c Th i s b u i l d i n g w i l l b e b u i l t a s p a r t o f a Y M C A / P a r k pa r t n e r s h i p . I t i s a n t i c i p a t e d t h a t s u p p o r t f a c i l i t i e s wi l l b e n e e d e d p r i o r t o o p e n i n g t h e b e a c h t o t h e pu b l i c . 13 S w i m m i n g A r e a (C o u n t y P a r k s h a r e d u s e ) Cu r r e n t b e a c h i s a p p r o x . 1 2 5 f e e t a n d w i l l n e e d t o b e ex p a n d e d t o 2 0 0 f e e t w i t h 5 0 f e e t r e s e r v e d m - f f o r YM C A p r o g r a m m i n g . C o s t i n c u d e s s h a r i n g c o s t o f be a c h c o n s t r u c t i o n , n e w d o ck s an d p o r t a b l e g u a r d st a n d s . It i s u n d e r s t o o d t h a t t h e b e a c h w i l l n e e d t o b e ex p a n d e d t o a c c o m m o d a t e b o t h t h e Y M C A a n d pu b l i c s w i m m e r s . T h e c o u n t y a n d t h e Y M C A w i l l sh a r e t h e c o s t o f e x p a n d i n g t h e b e a c h t o a s i z e d ag r e e d u p o n b y b o t h p a r t i e s . 9 P l a y F i e l d - a r e a m a y i n c l u d e a n o p e n a i r p a v i l i o n in t h e f u t u r e . Ar e a i s g e n e r a l l y f l a t . S o m e s o i l c o r r e c t i o n s a n d gr a d i n g f o r d r a i n a g e w i l l b e n e c e s s a r y . If a p a v i l i o n i s b u i l t i n t h e f u t u r e , i t w i l l b e a n o p e n pa v i l i o n , s l a b o n g r a d e . ? W e e B a c k p a c k e r P l a y F i e l d ( y o u n g e r c a m p e r s ) Po s s i b l e l o c a t i o n n e x t t o S p l a s h P a d p l a y f e a t u r e fo r y o u n g e r c a m p e r s Ar e a i s g e n e r a l l y f l a t . S o m e s o i l c o r r e c t i o n s a n d gr a d i n g f o r d r a i n a g e w i l l b e n e c e s s a r y . Op e n f i e l d f o r s m a l l g r o u p g a m e s ? F i s h i n g D o c k (l o c a t i o n T B D ) - F U T U R E D E V E L O P M E N T (C o u n t y P a r k s h a r e d u s e ) Sh o u l d b e c o n s t r u c t e d b y t h e C o u n t y P a r k a n d w i l l be s h a r e d b y t h e p u b l i c a n d c a m p e r s M - F d a y c a m p pr o g r a m To b e c o n s t r u c t e d a s p a r t o f t h e Y M C A / P a r k pa r t n e r s h i p Mi s c e l l a n e o u s F a c i l i t y I n f r as t r u c t u r e C o m m e n t s ? P a t h s t h r o u g h o u t c a m p (l o c a t e d t h r o u g h o u t t h e p a r k a n d c a m p a r e a ) Cl a s s 5 , g r a d i n g a n d s t e p s . S o m e p a t h s a r e e x i s t i n g . P a t h s i n s i d e t h e P r e m i s e s w i l l b e m a i n t a i n e d b y t h e YM C A . P a t h s o u t s i d e t h e P r e m i s e s w i l l b e ma i n t a i n e d b y t h e P a r k 6 G r o u p C a m p S i t e s ( 1 4 t o 1 8 ) In c l u d e s c l e a r i n g t r e e s , a p i c n i c t a b l e a n d f i r e p i t . So m e o f t h e e x i s t i n g s i t e s w i l l b e r e l o c a t e d t o n e w si t e . 8 P a r k i n g l o t a n d r o a d c o n f i g u r a t i o n t o a c c e s s ca m p - c o n s t r u c t e d a s n e e d e d (C o u n t y P a r k s h a r e d u s e ) Pl a n n e d p a r k i n g f o r 4 - 8 b u s s e s a n d 2 0 - 3 0 c a r s f o r st a f f a n d v i s i t o r s ( 2 d e s i g n a t e d H C p a r k i n g s p a c e s ) Pa r k i n g n e e d s a r e c u r r e n t m e t u s i n g e x i s t i n g p a r k i n g ar e a s l o c a t e d o n p a r c e l # 8 Pr i n t e d 1 1 / 3 / 2 0 1 3 15 E x i s t i n g a c c e s s r o a d Th e e x i s t i n g a c c e s s r o a d w i l l b e u s e d d u r i n g t h e in t e r i m p e r i o d o f t i m e s t a r t i n g i n 2 0 1 4 u n t i l t h e n e w pe r m a n e n t p a r k r o a d i s c o n s t r u c t e d 16 N e w p a r k r o a d s a c c e s s t h e b e a c h a r e a a n d ca m p g r o u n d s t o t h e e a s t Th e s e r o a d s w o u l d b e c o n s t r u c t e d b y t h e Ci t y / C o u n t y a t a l a t e r d a t e 17 T e m p o r a r y a c c e s s d r i v e f r o m t h e e x i s t i n g c a m p ro a d t o t h e n e w p a r k i n g l o t A t e m p o r a r y c o n n e c t i o n w i l l b e m a d e f r o m t h e ex i s t i n g a c c e s s r o a d . T h i s a c c e s s r o a d w i l l b e re m o v e d b y t h e C o u n t y / C i t y w i t h t h e c o n s t r u c t i o n o f th e n e w r o a d . Th e c u r r e n t r o a d w i l l b e m a i n t a i n e d o n l y t o a p o i n t o f be i n g p a s s a b l e t o m a k e i t e a s i e r t o a b a n d o n w h e n t h e co u n t y i n s t a l l s t h e m a i n p a r k r o a d t h a t w i l l r u n p a s t t h e YM C A ' s p a r k i n g l o t c u t t i n g o v e r t h e t e m p o r a r y a c c e s s dr i v e t h a t i s b e i n g c r e a t e d i n t h i s e a r l i e r p h a s e . 18 W e l l - l o c a t i o n n o t y e t d e t e r m i n e d Th e w e l l f o r f r e s h w a t e r w i l l b e l o c a t e d i n t h e pr o x i m i t y o f t h e t r a i l h e a d b u i l d i n g a n d p o o l a r e a . Th e Y M C A w i l l i n s t a l l t h e w e l l f o r i t s e x c l u s i v e u s e . I f in t h e f u t u r e , i t i s d e t e r m i n e d t h e w e l l c o u l d b e n e f i t bo t h p a r t i e s , t h e c o u n t y w i l l p a y b a c k t o t h e Y M C A a n am o u n t e q u i v a l e n t t o t h e c o u n t i e s p r o j e c t e d u s e . 19 S e p t i c S y s t e m t o s u p p o r t t r a i l h e a d b u i l d i n g ba t h r o o m s a n d s p l a s h p a d / p o o l - P o s s i b l y d e v e l o p e d i n p h a s e s , a s n e e d e d (C o u n t y P a r k s h a r e d u s e i f p r a c t i c a l b u t n o t r e q u i r e d ) Th e l o c a t i o n w i l l b e d e t e r m i n e d b a s e d o n b o t h t h e YM C A a n d C o u n t y P a r k n e e d s . I t w i l l b e d e s i g n e d t o be e x p a n d e d a s t h e n e e d s o f t h e Y M C A a n d C o u n t y Pa r k c h a n g e . Bo t h p a r t i e s r e c o g n i z e t h a t i t m a y n o t b e p r a c t i c a l t o sh a r e t h e s e p t i c s y s t e m . T h e Y M C A w i l l e x c l u s i v e l y co n s t r u c t a n d m a i n t a i n t h e s e p t i c s y s t e m u n t i l s u c h ti m e i s d e t e r m i n e d i f i t i s p r a c t i c a l t o s h a r e t h e s y s t e m wi t h t h e p a r k d e v e l o p m e n t . Si g n s Ge n e r a l W a y F i n d i n g D i r e c t i o n a l S i g n s De s i g n e d t o m a t c h o t h e r C o u n t y P a r k s i g n s , l o c a t e d as n e e d e d t o d i r e c t g u e s t t o t h e c a m p o f f i c e . Te m p o r a r y s i g n s w i l l b e u s e d w h e n n e e d e d b u t o n l y du r i n g t h e t i m e o f c a m p o p e r a t i o n . At l e a s t o n e t e m p o r a r y s i g n w i l l b e s e t a t B r i a r w o o d a t th e s t a r t a n d e n d o f e a c h d a y t o d i r e c t p a r e n t p i c k u p an d d r o p - o f f f a m i l i e s t o t u r n a t t h e p a r k e n t r a n c e . 20 M a i n E n t r a n c e C a m p S i g n Th i s s i g n w o u l d b e l o c a t e d n e x t t o t h e Y M C A p a r k i n g lo t a n d w i l l i n c l u d e Y M C A b r a n d i n g c o l o r s a n d l o g o Th e s i z e a n d d e s i g n o f t h e s i g n w o u l d m e e t t h e s i g n sp e c i f i c a t i o n s d e s c r i b e d i n t h e L e a s e A g r e e m e n t Ru l e s ( w a t e r f r o n t a n d b o a t i n g a r e a s ) Mi s c e l l a n e o u s r u l e s i g n s w i l l b e n e c e s s a r y a t de s i g n a t e d a r e a s . T h e s e r u l e s w i l l b e s p e c i f i c t o YM C A c a m p p r o g r a m s a n d r e q u i r e d b y A C A . Th e A m e r i c a n C a m p i n g A s s o c i a t i o n ( A C A ) r e q u i r e s th a t r u l e s i g n s a r e p o s t e d i n a r e a s l i k e b o a t i n g , sw i m m i n g b e a c h e s , a r c h e r y , e t c . Po s t e d s i g n s a t " p u b l i c " a c c e s s p o i n t s So m e a r e a s n e e d t o b e d e s i g n a t e d f o r s u m m e r ca m p e r u s e o n l y t o p r o t e c t t h e c h i l d r e n f r o m un w a n t e d i n t e r a c t i o n w i t h t h e p u b l i c . Ex a m p l e s w o u l d b e , b u t n o t l i m i t e d t o , a c c e s s p o i n t s to t h e L e a s e d a r e a t o k e e p t h e g e n e r a l p u b l i c o u t du r i n g t i m e s o f e x c l u s i v e u s e . S i g n s c o u l d b e se a s o n a l . Pr i n t e d 1 1 / 3 / 2 0 1 3 Pr e m i s e s i s d e s c r i b e d i n E x h i b i t C - L e g a l D i s c r i p t i o n Sh a r e d c o s t s w i l l b e n e g o t i a t e d p r i o r t o t h e s t a r t o f t h e c o n s t r u c t i o n o f t h o s e b u i l d i n g s a n d u t i l i t i e s t h a t a r e s h a r e d b e t w e e n th e C o u n t y / C i t y a n d Y M C A . I n t h e e v e n t t h e C o u n t y P a r k i s n o t r e a d y t o s t a r t i n v e s t i n g a t t h e t i m e o f c o n s t r u c t i o n , a L a t e Co m e r s A g r e e m e n t w i l l b e r e a c h e d t o a l l o w p a y m e n t a t a l a t e r d a t e p r i o r t o a c c e s s t o s h a r e d s p a c e o r u t i l i t y . Ca m p w i l l p e r i o d i c a l l y p l a n a f a m i l y n i g h t w h e r e t h e c a m p e r s w i l l s t a y a t c a m p p a s t 5 : 0 0 a n d w o u l d b e m e t b y t h e i r pa r e n t s a r r i v i n g b e t w e e n 5 : 3 0 a n d 6 : 3 0 w i t h a p r o g r a m p l a n n e d i n t h e a m p h i t h e a t e r a t 7 : 0 0 , e n d i n g a t 8 : 0 0 . C a m p e r s , w i t h th e i r p a r e n t s w o u l d b e l e a v i n g t h e p a r k b e f o r e d u s k . T h u r s d a y n i g h t h a s t y p i c a l l y b e e n a " P a r e n t N i g h t " . No t e s a n d A s s u m p t i o n s : Th e d a s h e d l i n e i n d i c a t e s t h e d e s i g n a t e d b u f f e r b e t w e e n t h e t r a i l a n d a r e a a v a i l a b l e t o b e d e v e l o p e d b y t h e Y M C A a s de s c r i b e d i n t h e g r o u n d l e a s e . T h e b u f f e r i s 3 5 f e e t f r o m t h e t r a i l s b o a r d i n g t h e L e a s e d a r e a . So m e a r e a s o f c a m p w i l l b e d e s i g n e d t o b e u s e d a n d p r o g r a m m e d b y t h e Y M C A o n a y e a r r o u n d b a s i s . A r e a s l i k e t h e Te a m B u i l d i n g C o u r s e , H i g h Z i p L i n e , A q u a t i c P l a y A r e a a n d T r a i l h e a d b u i l d i n g c a n b e a c c e s s b y t h e p u b l i c , c a m p e r s a n d YM C A f o r a u s e r s f e e t h a t w i l l b e d e t e r m i n e d b y t h e Y M C A . T h e s e a r e a s w i l l b e a d d r e s s e d i n t h e o p e r a t i o n a l a g r e e m e n t . Ty p i c a l d a y c a m p e r g r o u p s i z e i s 1 3 c a m p e r s p l u s on e o r t w o s t a f f . P r o g r a m a r e a s l i k e b o a t i n g / c a n o e i n g , s w i m m i n g , hi k i n g , e t c . t h a t m a y h a p p e n o u t s i d e t h e Y M C A l e a s e d p r o p e r t y m a y b e m a d e u p o f m u l t i p l e c a m p e r g r o u p s Ca p a c i t y o f c a m p i s c u r r e n t l y 2 0 0 - 2 5 0 p e r d a y . W e a r e p l a n n i n g f o r a m a x i m u m c a m p e r c a p a c i t y o f 3 0 0 c a m p e r s p l u s ne c e s s a r y c a m p s t a f f . Pr i n t e d 1 1 / 3 / 2 0 1 3 5A 5 3 6 7 4 9 8 1 2 12 10 11 Wright County Parks Created by: Wright County GIS, Office of the County Surveyor May, 2008 08001,600400 Feet Parcel #Land AcresWater AcresTotal Acres% of Value 140.17040.175.90% 239.89039.896.00% 3203.032.33205.3610.90% 4132.7523.96156.7119.60% 5203.9577.61281.5612.41% 5A104.3339.7144.0312.99% 6174.640174.645.30% 7121.0948.23169.3211.10% 834.27.9542.1510.20% 99.5746.2755.840.20% 109.8132.3742.180.90% 110.3400.340.00% 1241.870.3342.24.50% Bertram Chain of Lakes The YMCA of Metropolitan Minneapolis 1250.37 Acres = 12 Parcels 2008 Acquisition 2008 Acquisition YMCA Owned