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City Council Agenda Packet 09-10-1984
AGENDA FOR THE MEETING OF THE CITY COUNCIL September 10, 1984 - 7:30 P.M. Mayor: Arve A. Grimsmo Council Members: Fran Fair, Ken Maus, Jack Maxwell, Dan Blonigen 1. Call to Order. 2. Approval of the Minutes of the Regular Meeting Held August 27, 1984. 3. Citizens Comments/Petitions, Requests and Complaints. Ordinances 4. Consideration of Adoption of an Ordinance Granting a Non-exclusive Franchise to Rite Cable Company of Minnesota to Operate and Maintain a Cable Communication System in the City. Old Business 5. Consideration of a Resolution Granting Final Approval to the Sale of Industrial Development Revenue Bonds for Fulfillment Systems, Inc. 6. Consideration of Making Final Payment on Project #82-2 (Meadow Oak). Now Business 7. Consideration of Bide on Sealing City Hall Roof and Exterior Brick. 8. Adjournment. Council Agenda - 9/10/84 NOTE: Because Tuesday the 11th is the State Primary Election, and we are required to begin operation at 6:00 A.M. in order to open the doors by 7:00 A.M., we have had to set up the Council Chambers as the polling place. Consequently, the configuration of the meeting room is set up for voting rather than for the Council meeting. The Council platform is unchanged. Since the agenda appears rather light, I don't think that the room arrangement will be a problem. I don't really anticipate a large number of persons attending. with respect to staff, we will situate ourselves in the most convenient but least disruptive spot. L, MINUTES �1 REGULAR MEETING - MONTICELLO CITY COUNCIL LI August 27, 1984 - 7:30 P.M. Members Present: Arve Grimsmo, Fran Fair, Ken Maus, Jack Maxwell, Dan Blonigen. Members Absent: None. 1. Call to Order. 2. Approval of Minutes. Motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the minutes of the regular meeting hold August 13, and the special meeting hold August 20, 1984. 4. Public Hearing - Rezoning Request to Rezone Blocks 50 and 51 from B-4 to R -B - Applicant, City of Monticello. Almost two years ago, the HRA and City Council were presented with a proposal to develop elderly housing on the north aide of Block 51. Although the developer has changed, the nature of the project has not, and the property would have to be rezoned �( to either R-3 or R -B to allow elderly housing project to continua. LInitially, a public hearing was hold by the Planning Commiasion for the purpose of considering rezoning this property from B-4 to R-3, Multiple Family, and concerns were raised by abutting property owners, Gustafson and Branny, as to whether rezoning would then make their property non -conforming uses. As a result, the Planning Commission rocommandad that the City Council hold an additional public hearing for the purpose of considering rezoning the property from B-4 to R -B, which would allow multiple family residential uses and also allow single family homes along with some limited businesses as all permitted uses. In addition to Block 51, the City staff, along with the City Planner, reviewed the area and recommended that the north half of Block 51 along with the north half of Block 50 be considered for rezoning. No comments were hoard from the public regarding the rezoning; and as a result, motion vas made by Maus, seconded by Fair, and unanimously carried to adopt an Ordinance Amendment rezoning Lots 11-15, Block 50, and Lots 11-15, Block 51, from 0-4 to R -B, Residential Business. Soo Ordinance Amendment No. 140. 5. Consideration of Selection and Appointment to the Fire Hall Building Committee. In order to oxpadito the site selection process and building design process, TKOA and staff racommondod that the City develop Council Minutes - 8/27/86 a building committee that could serve as the intermediate between Nthe architect and City Council. The City staff recommended Council members Fran Fair and Dan Blonigen as City Council representatives, Tom Eidem and Gary Anderson as City staff members, and Doug Pitt as the Fire Department representative. Motion was made by Maus, seconded by Maxwell, and unanimously carried to appoint the five individuals listed above to the Fire Hall Building Committee and to also allow the Piro Department to have the Fire Chief as the second representative if they so desire, making a total of 6 on the Building Committeo. 6. Consideration of Entering a Contract with TKDA. After recently interviewing numerous architectural firms, the City Council selected the architectural firm of TKDA for services in designing a new City Fire Hall. Before work can begin, a contract or agreement would have to be signed between the architect and City. A standard contract form was submitted by the architect for City review along with a separate authorization for professional services agreement that would authorize the architect to start on Phase I, which included site analysis and soma conceptual design/cost estimate figures. In roviowing both the contract and the authorization to proceed with Phase I agreement, there appears to be conflicting language concerning compensation that would be paid to the architect. In the general contract, reference is made to a billing rate schedule for employees along with additional charges that can be made for travel, computer cervices, and other professional services of the architect. The second agreement dealing with Phase I refers to a lump sum charge of $6,000.00 rather than being paid by the hour, etc. Council members were concerned that there may be extra charges for additional man hours or cervices provided by the architect according to the basic contract, whereas the City's intent vas to have a lump sum figure only. Council members were informed that the City staff had contacted the architect regarding this apparent conflict in language, and it was noted that the authorization' to proceed with Phase I agreement is the one that would be in effect for a lump sum of $8,000.00 and that the first contract would describe how future billings may occur if additional phases are completed by the architect. It wan noted that even with the lump sum figure of $8,000.00, the City may have additional expenses such as call borings or survey maps, etc., that may be necessary I"1 for the architect to complete his Phase I. Motion vas made by Fair, seconded by Maus, and unanimously carried to enter into an agreement for basic services with the architectural Council Minutes - 8/27/64 Llfirm of TKDA along with approving the authorization to proceed with Phase I for a total coat of $8,000.00 only with the stipulation that either the basic contract language be changed to clarify this item or that a letter be attached to the agreement from the architect specifying that Phase I will be $8,000.00 only. 7. Consideration of Accepting Bide on Sale of Old Fire Truck. Recently, the City Council authorized the Fire Department to advertise the -46 Chevrolet truck for sale. Only one bid was received from a gentleman in Blaine, Minnesota, in the amount of $1,000.00. Public Works Director, John Simola, recommended to the Council that the City consider keeping the -46 fire truck for the purpose of using it during the summer months for watering lawns, trees, shrubs, etc., rather than accepting the low offer of $1,000.00. It was the consensus of the Council that the one bid was not acceptable and the bid was rejected, and the Public Works Department will be keeping the vehicle at the present time. B. Consideration of a Proposal to Resolve the Bill with Owens Corporation. Last winter when the City Hall furnace went down, the City was r utilizing Owens Corporation out of Minneapolis to make repairs. ►1(U` After a number of incidanto that left the City somewhat dissatisfied with their service, the City elected to transfer the completion of the job to a St. Cloud firm. In cloning out with Owens Corporation, the City challenged and disputed $215.25 of a bill submitted by Owens Corporation, and payment was withhold. Owens Corporation has continued to bill the City for this amount in dispute; and in order to clear up the matter after months of correspondence and discussions, Owens Corporation has offered to split the bill in half for a Quick settlement. It was recommended by the staff that the City accept this offer primarily as a method to clean up the matter. Motion was made by Maxwell, seconded by Slonigan, and unanimously carried to accept the offer of splitting the bill in half authorizing payment in the amount of $107.65. 9. Consideration of Final Plat Approval, Meadow Oak 3rd Addition - Applicant, Ultra 11omea, Inc. Ultra Homes, Inc., requested final plat approval of the 3rd oubdivioion to he called Meadow Oak 3rd Addition. The final plat submitted appears to be in order, meeting all the City requIroman ts of the Subdivision Ordinance. The recently completed Environmentsl Aoeoeomant Workaheat on the Meadow Oak Subdivision done by Barr Engineering addressed the whole Meadow Oak Development and found that an Environmental Impact Statement would not be Council Minutes - 8/27/84 z' required. One of the points that the Barr Engineering report +' made was that sometime prior to full development of the Meadow r. Oak Subdivision an outlet will have to be constructed from the subdivision to either Ditch 33 or directly to the Mississippi River for storm drainage. Although the project is far from being developed, it was recommended that this 3rd Addition be the final one allowed to be platted until some other questions regarding the drainage and other problems are rectified by the developers. Additional concerns of the staff were that the City has not fully accepted the underground utilities, streets, curb and gutter for the Meadow Oak First and Second Additions yet. The main reason is that the streets have broken up from heavy equipment use prior to acceptance and would have to be repaired by the developer or his contractor prior to City acceptance and maintenance. In addition, the Meadow Oak 2nd Addition has experienced some drainage problems with the installation of a bicycle path running through the project. Soma additional grading may be necessary to provide for proper drainage on the back Iota in Block 5 and 2 of Meadow Oak 2nd Addition. In order to obtain a precise time table from the developer as to when the 82-2 Improvement Project will be completed for City acceptance, motion was made by Maxwell, seconded by Blonigon, and unanimously carried to postpone thin item until the next meeting or until an agreement has been coached on a satisfactory schedule for utilities completion. 10. Consideration of a Conditional Use Requent to Allow Outdoor Storage in an I-1 Zone - Applicant, Rainbow Enterprises, Inc. Rainbow Enterprises, Inc., recently purchased the former Hoskins Electric building in the Oakwood Industrial Park and manufactures metal parts. As part of their buoinoos, they requeated a Conditional Use to allow them outdoor storage of miscellaneous small aluminum and metal shavings and pieces. The otorago would take place at the rear of the building and would have to be screened from abutting property owners. Motion was made by Fair, seconded by Maun, and unanimously carried to approve the Conditional Use request for Rainbow Entorpricon to allow outdoor storage at the roar of their building provided proper screening is constructed by the owner. 11. Consideration of a Subdivision of a Residential Lot for Proposed 8 -Unit Townhouses - Applicant, Jay Millar. Mr. Jay Millar Is currently in the process of building eight townhouse units on Lot 9, Par Most Subdivision, which is zoned -4- Council Minutes - 8/27/04 Ij R-2. Mr. Miller requested approval of a subdivision of Lot 9 j into eight individual lots under each townhouse unit that would 111���111 be sold individually, with the balance of the property in the Lot being common area that is owned by a Townhouse Association. it was noted by the staff that due to an error in Mr. Miller placing the structure on the Into a lis -foot variance would be needed by Mr. Miller on a sideyard setback, as the building is currently only 04 feet from the property line rather than 10 feet as required. Mr. Miller has been instructed to apply for a variance, which will be taken up by the Planning Commission at its next regular meeting. An Association agreement listing covenants, conditions, and restrictions for the Townhouse Association is in the process of being prepared and revised that would cover and regulate the Townhouse Association use of the common areas, etc. A final draft of the Association agreement will be again reviewed by the City Attorney for completeness prior to subdivision acceptance. The Council discussed the current ordinance requiring only 10 -foot setbacks on sideyards and noted that if additional townhouse units are built adjoining this property, it could be that only 20 feet or lose exist between structures. It was recommended by the staff that the City Zoning ordinance be changed to require e minimum sideyard setback of 20 feet when more than three units aro built on a lot, thus creating more open space between building `i structures. As a result, motion was made by Pair, seconded by Maus, and unanimously carried to approve the preliminary subdivision request to subdivide the existing Lot 9 of Par Nest into eight separate lots for townhouses with the common area being controlled by a Townllouso Association Agreement provided Mr. Millar applies and is granted a variance on the aidoyard setback distance at the Planning Commiasion-a next meeting, that the final Townhouse Association draft agreement be reviewed by City staff and City Attorney for acceptance, and provided that a moratorium is placed on future buildings containing.throo or more townhouse units unions a 20 -foot sidayard setback variance is established. 12. Consideration of a Conditional Una to Allow More than a 12 -unit Apartment Buildinq in an R-0 Zone - Applicant. Riverview Manor Apartments. Mr. Orad Larson, partner in the proposed Riverview Manor Apartment building complex, requested a conditional use permit to allow a 31 -unit elderly housing project to bo built on the north half of 01ock 51. In previous Council action, this property van rezoned from 0-4 Commercial to Residential Business to allow for this type of structure. _5_ Council Minutes - 8/27/84 The developers have previously received'a variance from the •1 Planning Commission allowing for a 20 -foot rear yard setback r instead of the required 30 -foot rear yard setback in one corner of the building -and otherwise meat all other setback requirements. The building layout accommodates 18 off-street parking spaces, which currently meets Ordinance requirements of 4 space per unit; but the Ordinance also requires that the developers show where an additional y space per unit could be constructed at a later data if the Council so deemed it necessary. The plot plan as submitted does not appear to have sufficient space for additional parking spaces at the present time. As a result, motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve the conditional use request to allow for the 31 -unit elderly apartment building with the proposed 18 off-street parking spaces provided the developer can show on hie site plan where additional parking spaces could be put in if so needed at some point in the future. 13. Consideration of Allowing the Conveyance of a 1 -Acre Parcel by Mates and Bounds. Mr. Jim Powers and Mr. Kent Kjellborg aro proposing to develop 12 acres lying vast of the present Monticello Ford Dealership 171 along I-94 into a Planned Unit Development consisting of a Wendy's fastfood restaurant, an additional nit -down restaurant, along with a metol and health club facility. The developers aro currently working on their plans for the PUD but requested pormidnion to proceed with the sale of a I -acro parcel of land by moteo and bounds descriptions to Wendy's fastfood restaurant immediately. The developers have agreed to continuo with their Planned Unit Development, and after approval of the Planned Unit Development, the I -acre parcel sold to Wendy's Restaurant would be known as a lot and block description. A Planned Unit Development Agreement has boon prepared by the dovolopor'o attorneys that would stipulate that if the 1 -acro parcel is allowed to be sold by the developers to Wendy's, the City would allow wendy'a to obtain a building permit and additionally the developers would dedicate necessary utility and road casements to the City prior to their completion of their PUD plane. Considerable discussion van hold by the Council as to whether sufficient piano had boon completed by the developer to allow the 1 -acro sale and questioned what assurances the City would have that the Planned Unit Development would continuo as planned. It was the City Attornoy'a opinion that the City could not do wandy'o Certificate of Occupancy Permit to the dovoloper'o completion of their PUD and thus, the sale of the 1 acro, if approved, �— could be the only development that may occur on the property. It was noted by the developers that they plan to dedicate the Council Minutes - 8/27/84 publicroad and utilities to the City, but they wish to provide and install their own utilities. After further discussion, motion was made by Maxwell, seconded by Maus, to allow the developers to sell a I -acre parcel by motes and bounds description to Wendy's fastfood restaurant providing the road indicated in the plan from Sandberg South Road to Oakwood Drive is dedicated immediately to the City with the City Engineer to determine the exact alignment for meeting Oakwood Drive. The developers would also be required to execute the Planned Unit Development Agreement but without a condition tying Wendy's Certificate of Occupancy to this Agreement. voting in favor was Grimsmo, Fair, Maus, Maxwell. Voting in the opposition was Blonigen, as he felt there was insufficient detail submitted. 14. Consideration of Issuing 3.2 Beer Off -Sale Licensee - Applicant, Plaza Car Wash. Mr. Gary and Diane Yonak of Buffalo applied for an off -ogle 3.2 beer license for the new Plaza Car Wash and Food Mart on South Highway 25. Motion was made by Fair, seconded by Maxwell, and unanimously carried to approve issuing a 3.2 beer license for this facility. 15. Consideration of Fire Alarm System for Library. As part of a routine inspection of the City of Monticello facilities by the Homo Insurance Company Logo Control Division, a recommendation was made by the insurance company that the City consider installing an early detection/automatic fire alarm system that would be monitored by a facility ouch as the Sheriff's Department. Public Works Director, John Simola, obtained quotes from two suppliers of equipment that could be installed par the insurance company's recommendation, with the, low quote totaling 51,945.00 with approximately a $15.00 monthly charge for the telephone Lino to the Shoriff'a Department. Council members questioned whether the installation of this typo of fire alarm system wan actually required by the insurance company, or would it be a luxury. It was felt that it may be hard to determine whether the City's insurance rates would actually decrease by a sufficient amount to warrant the $1,800.00 expenditure plus an ongoing $15.00 monthly charge. As a result, motion was made by Maxwell, seconded by Blonigon, and unanimously carried not to accept any bids for the installation of a fico alarm system at the Library at the pr000nt time. -7- 3 Council Minutco - 8/27/84 16. Consideration of the Appointment of Election Judges for the 1984 Primary and 1984 General Election. Minnesota Statutes require that the City Council appoint election judges to serve at both elections. The following names were submitted for appointments: Jeannette Host Anne Voll JoAnne Link Leona Kline Carolyn Phillips JoAnne Becker Bette Grossnickle Rita Brouillard Bob Jameson Ruth liarstad Lucille Clemson Mary Trunnell Don Nagel Fern Anderson Mario Toonjes Yvonne Smith Motion was made by Maxwell, seconded by Fair, and unanimously carried to appoint the above 16 individuals as election judges { for the 1984 Primary and 1984 General Election. 17. Review of Liquor Store Financial Report. Liquor Stora Manager, Mark Irmiter, was present at the Council meeting and reviewed and answered questions regarding the Liquor Store operations for the first six months of 1984. Overall, sales have increased approximately 7%. with the gross profit up approximately 121 over 1983 figures. In addition, not income through the first six months woo approximately 845,000.00, up considerably over the same period last year. No action was taken by the Council other than review and acceptance of the reports as submitted. 18. Consideration of Whether or Not to Set a Special Meotinq for the Purpose of Hoarinq an NSP Presentation on the Transport of Nuclear Wants. Mr. Norm Ecklund of NSP has indicated to the City that a presentation in available for the City of Monticello that explains the proposed transporting of nuclear waste from the Monticello Power Plant to Morris, Illinois. Civil Defense Director, Gary Anderson, recommended to the Council Council Minutes - 8/27/84 (1 thatan informal hearing be held within the City for the purpose L of allowing NSP presentation of their elide program on the transporting of this waste. The presentation would allow any interested citizens to ask questions and would possibly alleviate any concerns some citizens may have over this transporting of waste. . A motion was made by Fair, seconded by Maxwell, and unanimously carried to authorize the Civil Defense Director to work with the School District on possibly setting up a presentation to be held at the Junior or Senior High School or to work with the Community Education for possibly netting up a presentation date through Community Ed. 19. Consideration of Bills for the Month of August. In addition to the list of bills presented, Public works Director, John Simola, requested that the Council also approve final payment be made to Batzer Construction Company on the 1984 Seal Coating Project in the amount of an additional 51,587.19. Motion was made by Blonigen, seconded by Maus, and unanimously carried to approve the list of bills as presented for the month of August and to include the additional $1,587.19 to Batzer Construction Company. 20. Review of Petition for Reduced Speed Limit - County Road 39 wont. Previously, a petition was presented to the Council by property owners along west County Road 39 (Golf Course Road) requesting that the City consider lowering the speed limit to 30 m.p.h. along with such improvements as widening the shoulders, installing a bike path, and possibly no passing zone striping. Public works Director, John Simola, noted that after discussions with the County Engineer, the County will be considering at their next Board mooting the proposal to lower the spend limit to 30 m.p.h. Mr. Simola also noted that the County, at the present time, has no piano for.widoning the shoulders or inotalling a bike path and also noted that the road does not moot criteria for establishing a no passing tons. Possibly in the future, the City may consider with County participation in widening the ohoulduro, which could possibly serve as a safor area for bike riders, etc. r��,� Rick WolYatell Assistant Administrator Council Agenda - 9/10/84 4. Consideration of Adoption of an Ordinance Granting a Non-exclusive Franchise to Rite Cable Company of Minnesota to Operate and Maintain a Cable Communication System in the City. (T.E.) A. REFERENCE AND BACKGROUND Each of the ten cities comprising the SWC4 must adopt their own Cable Franchise Ordinance. Because the Commission is a Joint Powers Commission rather than a free-standing Commission with its own powers, each city must take individual action. Two meetings ago, the City Council held the required public hearing. No one was present. The negotiations with Rite Cable Company have been completed, and the Ordinance is ready for adoption. The Minnesota Cable Communications Board is acting on our system on Friday, September 14. Prior to the MCCB taking action, all ten cities will be adopting the Franchise Ordinance. The Ordinance that Monticello is adopting is identical to the Ordinance provided to the other nine cities. 1 am not supplying you with a copy of the Ordinance since it is nearly 100 pages long and is terrifically boring. To make five complete copies would be, in my estimation, a waste of staff time and copier expense. I have the preliminary draft in City Hall if you care to come down and read through it. Tom Creighton, the Commission's Attorney who has drafted the Ordinance and led the Commission through the legal procedures of cable franchising, and who further has negotiated the fine points of the Franchise on behalf of the Commission, will be present at the City Council meeting Monday night. The Commission, of course, fully recommends to its ten member cities that the Franchise Ordinance be adopted. Mr. Creighton has worked wholly with the Commission to this data, but I requested him to attend our City Council meeting so that you at least have the opportunity to moot the attorney who has represented us as members of the Commission. Ho will be bringing the final draft of the Ordinance with him. Mr. Creighton will also be supplying a summary which will be suitable for publication when the appropriate publication data is duo. Again, to publish the Ordinance in its entirety would be a terrific expanse. Because this is the and that we have boon working toward over the last two years. I am assuming that you aro not really intorestod in alternative actions ouch as rejecting the Ordinance. Thus, 1 am not presenting alternative actions or staff recommendation. We, on the Commission, do think that we have received an excellent proposal and that the Ordinance provides substantial protection for the City and its citizens. The company, Rite Cable, 1s wall established in the cable field, but is now to Minnesota, and 1 think they desire to do an excellent job in order to expand their list of satisfied customers. ME Council Agenda - 9/10/84 One last note: I have had City Attorney Pringle review the draft Ordinance with respect to form and content, and have his written opinion that the Ordinance is sound on file . D. SUPPORTING DATA: No supporting data for this item. -2- Council Agenda - 9/10/84 5. Consideration of a Resolution Granting Final Approval to the Sale of Industrial Development Revenue Bonds for Fulfillment Systems, Inc. (T.E.) A. REFERENCE AND BACKGROUND: This resolution is the second resolution which acknowledges full acceptance of the entire financial arrangements organized between Fulfillment Systems and the lending institutions. While all of the documents that have been prepared are several inches thick, the resolution mainly states that those documents are acceptable. The documents as prepared by Holmes 6 Graven account for the Repayment Schedule, the Non -Arbitrage, the Mortgage, etc. If you recall, the resolution of preliminary approval was granted last December. In the interim, we have secured the U.D.A.G. Grant, completed the Tax Increment District, finalized the financing terms for the IRB -s, and, in fact. FSI has commenced construction. This resolution is a formal statement of approval so that the financing may be closed out. Like the earlier IRB's the City has issued, the documents prepared allow for payment of the bonds to be made directly between Fulfillment and the lending institutions. The bonds are, however, still in the name of the City, oven though we have no commitment to them at this time. With the exception of completing the loan agreement for the U.D.A.G. monies, this is the final atop in the closeout of all financial arrangements for the Fulfillment Syotcros Project. Since this is the end result that we have all been working toward, I am not presenting any alternative actions or staff recommendation. D. SUPPORTING DATA: Copy of the resolution to be adopted. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. MONTICELLO, MINNESOTA ("CITY') AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE $475,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (FULFULLMENT SYSTEMS, INC. PROJECT), SERIES 1984 ("NOTE'), WHICH NOTE AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISBURSING AGREEMENT, A LOAN AGREEMENT, AND AN ASSIGNMENT OF LOAN AGREEMENT; APPROVING THE FORM OF A COMBINATION MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AND A GUARANTEE AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDEROF SAID NOTE WHEREAS, the purpose of the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the "Act'), as found and determined by the Legislature of the State of Minnesota, Is to promote the welfare of the State of Minnesota by the active attraction, encouragement and develop- ment of economically sound Industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment, and for this purpose the State of Minnesota has encouraged action by local governmental units; and WHEREAS, factors necessitating the active promotion and development of economically sound Industry and commerce are the Increasing concentration of population In urban and metropolitan ares,, the rapidly rising Increase In the amount and cost of governmental services required to meet the needs of the Increased population, and the need for development and use of land which will provide an adequate tax base to finance these Increased costs; and WHEREAS, the City of Monticello, Minnesota (the "City') desires to expand the business and employment opportunities, and the available tax baso of the City and to promote the redevelopment of property within the City; and WHEREAS, the City Is authorized by the Act to enter into a revenue agreement with any person, firm, or public or private corporation or federal or state governmental person, firm or public or private corporation or federal or state governmental subdivision or agency In such manner that payments required thereby to be made by the contracting party shall be fixed, and revised from time to time as necessary, so as to produce Income end revenue sufficient to provide for the 0 due, and the revenue agreement shall also provide that the contracting party shall be required to pay all expenses of the operation and maintenance of the project including, but without limitation, adequate Insurance thereon and insurance against all liability for Injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the project and payable during the term of the revenue agreement; and WHEREAS, the Act further authorizes the City to issue revenue bonds, in anticipation of the collection of revenues of a project, to finance, in whole or in part, the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of such project; and WHEREAS, the City has received from Fulfillment Systems, Inc., a Minnesota corporation (the "Developer"), a proposal that the City finance a project for purposes consistent with the Act, said project to consist of the construction of a building expansion for use as an office and commercial facility (the "Project") In the City; and WHEREAS, by Resolution No. 1983 A86 adopted on November 14, 1983 (the "Preliminary Resolution"), the City determined that, on the basis of Information provided to It by the Developer and others, the effect of the Project, if undertaken, would be to encourage the development of economically sound commerce in the City, increase the assessed value of property within the City, Increase current employment opportunities for residents of the City and surrounding areas, and to facilitate the redevelopment of property within the City, all to the benefit of the residents and taxpayers of the City; and WHEREAS, by the Preliminary Resolution, the City approved the proposal of the Developer that the City undertake to provide financing for the Project and gave preliminary approval of the Project, including the Issuance, sale and delivery of the $475,000 Commercial Development Revenue Note (Fulfullment Systems, Inc.) Series 1984 (the "Note"), subject to final approval by the City; and WHEREAS, the approval of this Project by the Commissioner of the Minnesota Energy and Economic Development Authority hes been obtained and such approval is a requirement under the Act before the Note can be Issued; and WHEREAS, the City proposes to finance the undertaking of said Project under the Act by the Issuance of the Note of the City under this resolution as hereinafter defined; and WHEREAS, the Note Issued under this resolution will be secured by a mortgage and lien on said Project and a pledge and assignment of the Loan Agreement, as hereinafter defined, and of the revenues derived by the City from the Loan Agreement and said Note and the Interest on sold Note shall be payable solely from the revenue pledged therefor and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the City or a charge against Its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's Interest In said Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: 1. That the City Council of the City finds, determines and declares that the construction of the Project within the City will expand the business and employment opportunities within the City, will expand the tax base of the City, will promote the redevelopment of property within the City, and will generally aid and assist the City, the School District, and the County of Wright. 2. That for the purpose of financing the acquisition, construction and Installation of the Project, there is hereby authorized the issuance, sale and delivery of the Note. The Note shall bear interest at the rate, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be In such form, and shall have such other details and provisions as are prescribed In Exhibit A attached hereto. 3. That the Note shall be a revenue obligation of the City the proceeds of which shall be disbursed pursuant to the Disbursing Agreement, dated as of the date of the Note, and executed by Wright County State Bank of as tender and disbursing agent, (the "Lender"), the Developer, and' the City (the "Disbursing Agreement"), and the principal, premium, if any, and Interest on which shalt be payable solely from the revenues derived from the Loan Agreement, dated as of the date of the Note, and executed by the City and the Developer (the "Loan Agreement") The Mayor of the City (the "Mayor") and the City Administrator of the City (the "City Administrator") are hereby authorized and directed to execute and deliver the Note. 4. That the Disbursing Agreement, the Loan Agreement, the Assignment of Loan Agreement, dated as of the date of the Note, and executed by the City, the Lender and the Developer (the "Assignment of Loan Agreement"), all In the form now on fila with the City Administrator aro hereby approved. The Mayor and City Administrator of the City are hereby authorized and directed to execute and deliver the Disbursing Agreement, Loan Agreement, and the Assignment of Loan Agreement. 5. That the Combination Mortgage Security Agreement and Fixture Financing Statement, dated as of the date of the Note, and executed by the Developer, and the Guarantee Agreement, dated as of the date of the Note and executed by John A. Peach and Trudence K. Peach as guarantors, are hereby approved In the form on filo with the City Administrator. 6. That upon approval by the Mayor, and concurrence by the City Attorney, amendments may be made to the aforementioned documents to the extent not Inconsistent with this resolution. Such approval and concurrence shall be evidenced by the execution of the aforementioned documents by the City and the delivery of the opinion of the City Attorney. 7. That the Mayor and City Administrator the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate In connection with the Issuance, sale, and delivery of 0 the Note, including the No -Arbitrage Certificate, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Note. 8. That all covenants, stipulations, obligations and agreements of the City contained In this resolution and the aforementioned documents shall be deemed to be the covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained In the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person's Individual capacity, and neither the City Council of the City nor any officer executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the Issuance thereof. 9. That except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, Is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Note Issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Note Issued under the provisions of this resolution . 10. That in case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Note issued hereunder shall for any reason be held to be Illegal or invalid, such Illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Note, but this resolution, the aforementioned documents, and the Note shall be construed and endorsed as if such illegal or Invalid provision had not been contained therein. 11. That the Note, when executed and delivered, shall contain a recital that It is Issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Nota and the regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the Issuance of the Note and to the execution of the aforementioned documents to happen, exist and be performed precedent to and In the enactment of this resolution, and precedent to Issuance of the Note and precedent to the execution of the aforementioned documents have happened, exist and have boon performed as so required by law. 12. That the officers of the City, attorneys, engineers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Note for the full, punctual and complete performance of all the terms, covenants and agreements contained In the Note, the aforementioned documents and this resolution. in the event that the Mayor or City Administrator of the City are unable to carry out the execution of any of the documents provided herein, any other member of the City Council of the City or the City Finance Director shell be authorized to act in their capacity and undertake such execution on behalf of the City with full force and effect, which executions shall be valid and binding on the City. 13. That this resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Monticello this day of 1984. Attest: City Administrator 5 Mayor 0 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF MONTICELLO Commercial Development Revenue Note (Fulfillment Systems, Inc., Project) R-1 $475,000 The City of Monticello, Minnesota, a public body corporate and politic, (the "City"), State of Minnesota, for value received, hereby promises to pay to Wright County State Bank, a Minnesota banking corporation (the "Lender'l, or its assigns (the Lender and any assigns are hereinafter referred to as the "Holder"), at Its designated principal office or such other place as the Holder may designate in writing, but solely from the revenues derived from a Loan Agreement (the "Loan Agreement"), of even date herewith, executed by Fulfillment Systems, Inc., a Minnesota corporation (the "Developer"), and the City providing for a loan of the proceeds from this Note to the Developer, the principal sum of Four Hundred Seventy -Five Thousand Dollars ($475,000), or so much thereof as has been advanced pursuant to the terms of the Disbursing Agreement, as hereinafter defined with interest as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. The principal of and interest on this Note is payable in installments due as follows: (a) Commencing on the fifth day of the month following the delivery of this Note and on the fifth day of each month thereafter until and including the fifth day of the month preceding the Amortization Date (as hereinafter defined), Interest accrued on the outstanding principal balance of this Note at the rate equal to the Interest Rate, as hereinafter defined, shall be payable. (b) Commencing on January 5, 1985, (the "Amortization Date") and continuing on the fifth day of each month thereafter until the Final Maturity Date (as hereinafter defined), principal and Interest at the Interest Rate shall be payable, in consecutive monthly Installments. The amount of each such Installment of principal and Interest shall be the amount required to fully amortize the principal amount of this Note, based upon a fifteen (15) year amortization schedule beginning on the Amortization Date with substantially equal monthly payments, calculated with Interest accruing at the then current Interest Rate. (c) Payment of the entire unpaid principal balance of this Note, together with accrued but unpaid Interest thereon, and all other Indebtedness due due hereunder shall be payable on January 5, 2000 (the "Final Maturity Datel. If any payment of principal or interest Is not paid when due, each and ovary such delinquent payment, Including the entire principal balance and accrued Interest in the event of an acceleration of this Note, shall bear Interest to the extent permitted by law at the Interest Rate per annum then payable on this Note from Its due date until payment. 50 The interest rate payable on this Note (the "Interest Rate") shall be the Prime Interest Rate, as hereinafter defined, minus one percent (1%). The Interest Rate shall be adjusted quarterly on the fifth day of each January, April, July and October to a rate equal to one percent (1%) below the Prime interest Rate in effect on the first day of each such January, April, July and October; provided that In no event shall the Interest Rate ever be less than ten percent (10%) per annum or greater than sixteen percent (16%) annum. The term "Prime Interest Rate" means the rate of interest from time to time publicly announced by First National Bank of Minneapolis, Minnesota, as Its prime rate. In the event that such bank discontinues the, practice of publicly announcing its prime rate, the term "Prime Interest Rate" shall mean the rate of interest upon ninety -day unsecured loans to the most responsible corporate, commercial borrowers, with the highest credit rating, in effect at the First National Bank of Minneapolis, Minneapolis, Minnesota, from time to time. In the event that the Interest on this Note shall become subject to federal Income taxation pursuant to a Determination of Taxability (as hereinafter defined), the Interest Rate on this Note shall be increased, retroactively effective from and after the Date of Taxability (as hereinafter defined) to the Prime Interest Rate plus four percent (4%) per annum, subject to adjustments quarterly as provided above; provided that such rate shall in no event be less than thirteen percent (13%) per annum. The City shall Immediately upon demand pay to the Holder and to each prior Holder affected by such Determination of Taxability an amount equal to the amount by which the Interest accrued retroactively at such increased rate from the Date of Taxability to the date of payment exceeds the amount of interest actually accrued and paid to the Bolder and any such prior Holder during said period. Such obligation of the City shall survive the payment in full of the principal amount of this Note. Thereafter, the unpaid principal balance of the Note shall be payable in substantially equal monthly installments of principal and Interest In amounts sufficient to amortize said unpaid principal balance over the remainder of the assumed 15 -year amortization period specified In paragraph (b) above, with accrued Interest on said unpaid principal balance to be payable with each principal Installment, and with a final payment of the entire unpaid principal balance and all Interest thereon and all other Indebtedness due hereunder to be due on the Final Maturity Date. The Holder shall give notice to the Developer of Its receipt of any Notice of Taxability (as hereinafter defined) and permit the Developer to contest, litigate, or appeal the same at its sole expense if a contest, litigation, or appeal is available to the Developer. In the event any such contest, litigation, or appeal is undertaken, the Increased Interest provided In the preceding paragraph shall, nevertheless, be payable to the Holder. All Interest hereon shall be computed on the basis of a year of three hundred sixty (360) days and charged for actual days principal Is unpaid. The terms "Determination of Taxability," "Date of Taxability" and "Notice of Taxability" as used herein shall have the meanings ascribed to such terms In the Loan Agreement. The City may prepay the principal of this Note, in whole or in part, at any time, without premium or penalty, upon payment of the principal amount being so prepaid, plus accrued interest hereon to the date of prepayment. After any partial prepayment hereunder, the Holder may elect to adjust the monthly installment payments of principal and interest required of the City under this Note to an amount sufficient to amortize the then unpaid principal blance of this Note, In full, In equal monthly installment payments of principal and interest by the Final Maturity Date, or the Holder may require that no adjustment to the amount of monthly installment payments due hereunder be made after any partial prepayment. This Note is issued under and pursuant to authority granted by the Minnesota Municipal industrial Development Act, being Minnesota Statutes, Chapter 474, as amended, (the "Act"), for the purpose of providing fundsor�ject, as defined in Minnesota Statutes, Section 474.02, subdivision Is, consisting of the acquisition of certain estate and construction of improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Developer pursuant to a resolution adopted by the City (the "Resolution") and the Loan Agreement, thereby assisting activities in the public Interest and for the public welfare of the City of Monticello. The proceeds of the Note are being advanced to the Developer pursuant to the terms of a Disbursing Agreement, dated as of the date of the Note, between and among the City, the Developer and the Lender (the "Disbursing Agreement"). This Note is secured by, among other instruments, an Assignment of Loan Agreement, of even date herewith (the "Assignment of Loan Agreement"), from the City to Lender, a Mortgage, of even date herewith from the Developer to the Lender (the "Mortgage") and a Guaranty Agreement, of even date herewith (the "Guarantee") naming John A. Peach and Trudence K. Peach as guarantors. This Note and interest thereon and any penalty, premium, or other indebtedness due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement and the Mortgage, and do not constitute a debt of the City of Monticello within the meaning of any constitutional, or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City of Monticello (other than from proceeds derived from the Loan Agreement), or, to the extent permitted by law, of any of Its officers, agents, or employees, and no Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City of Monticello to pay this Note or the Interest thereon, or to enforce payment thereof against any property of the City of Monticello (other than proceeds derived from the Loan Agreement), and this Note does not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City of Monticello (other than proceeds derived from the Loan Agreement), and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose In accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. On the date of Issuance, the City will register this Note upon Its books. Upon such registration, this Note shall be transferable upon the books of the City, by the Holder hereof in person or by Its attorney duly authorized in writing, upon 105 surrender hereof together with a written instrument of transfer satisfactory to the City, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration also noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price, or interest, and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions, and stipulations contained In the Mortgage, the Resolution, the Loan Agreement and the Assignment of Loan Agreement, or any instrument securing this Note and all of the agreements, conditions, provisions, and stipulations contained in the Disbursing Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If an Event of Default occurs under the Mortgage, the Loan Agreement, or the Disbursing Agreement, or any other instrument securing this Note, then the Holder of this Note may at Its right and option declare immediately due and payable, in whole or In part, the principal balance of this Note and interest accrued thereon, and, to the extent permitted by law, the applicable prepayment premium, if any, together with any costa of collection Including attorneys' fees Incurred by the Holder of this Note in collecting or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder or under the Mortgage, the Loan Agreement, or Disbursing Agreement, or any Instrument securing this Note, subject to the limitations contained therein. The remedies of the Holder of this Note as provided herein, and in the Mortgage, the Loan Agreement, the Disbursing Agreement, or any other Instrument securing this Note, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Holder of this Note, may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall In no event be construed as a waiver or release thereof. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of Its rights or remedies hereunder unless such waiver Is in writing and signed by the Holder of this Note and then only to the extent specifically set forth In the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an Instrument In writing signed by the party against whom enforcement of any such amendment, modification, or change Is sought. If any term of this Note, or the application thereof to any person or circumstances, shall, to any extent, be Invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those to which it Is Invalid or unenforceable, shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by low. It is Intended that this Note is made with reference to and shall be construed as a Minnesota contract and governed by the laws thereof. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or In the Issuance of this Note do exist, have happened, and have been performed In regular and due form as required by law. IN WITNESS WHEREOF, the City of Monticello has caused this Note to be duly executed by Its duly authorized officers and its corporate seal affixed all as of the day of , 1984 (SEAL) c By Mayor By City Administrator C�) CERTIFICATE OF REGISTRATION It is hereby certified that the undersigned has registered this Note in the name of the Holder, as Indicated in the registration blank below, on the books of the City kept for that purpose. Name of Registered Holder Date of Registration Signature of City Official Council Agenda - 9/10/84 6. Consideration of Making Final Payment on Project #82-2 (Meadow Oak). J.S. A. REFERENCE AND BACKGROUND: The 82-2 Project consisted of streets, sanitary sewer, water and storm sewer, construction for the estates portion of Meadow Oak on the west end of the property, and the entrance and parking lots facilities on the eastern portion of Meadow Oak. In addition to the development itself, the project included approximately one mile of large diameter water main necessary to connect the project to City water and approximately one mile of force main as needed to connect the project to City sewer. Along with the project there is an outlet to the pond on the northerly end of the development consisting of approximately 1100 feet of 18 -inch concrete pipe. This, as you may recall, is plugged with concrete at the pond. In addition to the street and utility work, there is a 1/3-milo long, 6 -foot wide bituminous pathway through the park on the north and of the property. Also, there is a 20 -stall parking lot located in the northeast portion of the project near the lift station. As you may recall, the right turn lanes were omitted from the City's portion of the project. They were constructed along with the private development. The original contract for the above-roforoncod work was $731,095.55. Through the addition of work on the cast and of the project, which the Council authorized, $82,903.92 was added to the contract. Later, a Change Order doloting many hydrants and valves across the Boyle property resulted in a deduction of $24,752.50. Therefore, the amount of the total contract for tho City portion is expected to coat $789,246.97. The total paymento made to Richard Knutson, Inc., as of July 12, 1984, were $709,650.41. This would leave approximately o final payment of $79,596.56. Mr. John Badalich, as indicated at tho loot Council meeting, will have the final pay quantities and estimate ready for the September 10 meating. As of the writing of thio agenda oupplament, I do not have that information; no it will be delivered to you under separate cover. We expect it to be alightly loss than the catimated figure above duo to a reduction in soma areas and some of the quantities and an agreement with Richard Knutson that the City finish a small portion of the restoration work. capocially in the area crooning the Boyle property. All of tho work listed and shown on tho plane has boon completed Nith the exception of the work to bo done by tho City) and In in place and approved by City staff. The project itoolf had many Cdolaya and took significantly longer than allowed in tho contract -4- Council Agenda - 9/10/84 to complete. Both the Engineer and myself, however, feel that it would be very difficult to collect liquidated damages due to the mix up in obtaining the necessary railroad permits. B. ALTERNATIVE ACTIONS: 1. The first alternative is to make final payment to Richard Knutson, Inc., based upon the final estimate submitted by John Badalich, which is expected to be less than the $79,596.56, and obtain from the contractor a one-year warranty bond on the project. 2. The second alternative would be to withhold from the final payment an amount of liquidated damages as to cover the additional expenses that the City and the Engineer incurred over the additional length of time it took to complete the project. This may result in a lawsuit being filed by the contractor for those liquidated damages; and in all reality, we may end up in court over the amount. C. STAFF RECOMMENDATION: It is the staff recommendation that we make final payment to the contractor as outlined in alternative 01 and that we obtain a one-year warranty bond effective as of September 10, which !e the date of final acceptance for the project. D. SUPPORTING DATA: To be provided by John Badalich. -5- Council Agenda - 9/10/84 7. Consideration of Bide on Sealing City Hall Roof and Exterior Brick. (G.A.) A. REFERENCE AND BACKGROUND: Since the building was constructed nearly seven years ago, the exterior brick has never been sealed; neither have the interior decking and ceiling beams been sealed. Enclosed you will find only one bid, which was submitted by Doran Painting 6 Decorating. We are awaiting a bid from Lindberg Painting 6 Decorating, which at this time we have not received. It will be distributed as soon as we get the bid. I feel that we have gone an over-extended time period in not having our exterior brick or the interior beams and decking sealed. We have spelling occurring on our exterior brick, and on the interior we have delamination of the wood grain on our beams and also in areae of our ceiling decking. Ed Doran is proposing to brush the exterior brick down and remove loose pieces of brick and spray on two coats of Thompson's Water Seal. In talking with Mr. Lindberg, he is proposing to water spray the exterior brick and cover it with two coats of Okon Water Based Water Proofing Scaler. On the interior docking and exposed beams, Mr. Doran is proposing to apply one coat of interior varnish on these exposed surfaces. Mr. Lindberg is proposing to apply a coat of Scaler ftrat, sand the sealing coat after drying, and put on two coats of varnish. Mr. Doran's bidwill also reflect doing this process, although he fools it is not necossery. B. ALTERNATIVE ACTIONS: 1. Approve the bids, awarding the bid to the beat bid proposal, whether it be Doran's bid or Lindberg's bid. 2. Deny the bid proposals submitted by Mr. Doran and Mr. Lindberg. 1. Approve the beat bid for the exterior brick scaling only. 4. Deny the boat bid for the exterior brick sealing. 5. Approve the interior sealing and varnishing of the wood beams and wood docking. 6. Deny the boat bid for the interior scaling and varnishing of the wood ceiling beams and wood docking. 7. Deny all bids an presented and do nothing and leave the exterior brick the way it is and the interior coiling beams In the condition they aro in now. -6- Council Agenda - 9/10/84 C. STAFF RECOMMENDATION: Depending on the total amount of the bids which are being submitted, staff would like to see the exterior of the brick done as soon as possible at this time, whatever the cost may be. The money is appropriated in the budget to cover that expenditure. The interior of the wood decking could be done at any time after it is not feasible to work outside due to the weather. We were suggesting that it be done as soon as possible whenever the time element is feasible. City staff feels it is a much needed expenditure and that the time is now that the work be done to avoid future rather costly expenditures. D. SUPPORTING DATA: Copy of the bid proposal from Doran Painting. The bid from Lindberg will be distributed as soon as we receive it. Copy of the material proposed to be used by Mr. Lindberg. -7- Proposal Proposal No. FROM r7o/',A1✓ PAI A.1 r A4, Sheet No. V Data ,775 -SVGS Proposal Submitted To Work To Be Performed At Name _C -1_i , �?� AJ sL�'•{:1[C4,�7 Street_ G/ TY ..AL Street- _ - _ _ _ ^ _ -. City Stat. City_ __ _ Dote of Plant State_ Architect Telephone Number_ We hereby propose to furnish all the materials and perform all the labor necessary for the completion of Ex7ERl,•" A?rck' Pt;,-- -,01- si tuRCA�t �/ APrcrr ka-cAkr Aic rPAIAIr A/ 1a I/ T1 r .v 4P,LA- - APA t- ) C Ai S T/ ,4C r✓ Ai O IC -W c f Ar -7? & Q pr, r s'uRCA`g 1ei'LQ[• R ' sJ�PNCH CLlc.n a dfA^-6 /Inds /J F Alun M' All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above ark orld completed in o substontial workmanlike manner for the sum of n e,.d tw rf /zea.-• /! .dl 1S:�Q�, a r� - _ •— — _ Dollars IS 3 74 a, a 0 1. S+'+ �K with payments to be made as followu Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Wotkmen's Compensation and Public Liability Insurance an above work to be taken out by Respectfully submitted —7 Per F 1711%.A.— Note —This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, spaclilcotlons and conditions are satisfactory and era hereby accepted. You are authorized to do the work as specified, Payment will be made as outlined above. Accepted _ __Signatwe Date _ Signature lore FORM 8480 Ytee In U. e. 4.' I (3 wiffiWilh FPPIPRODUCT PRESENTATION CLEAR WATER BASED WATERPROOFING SEALERS FOR MASONRY AND CONCRETE Longer lite with toss maintenance is achieved with the applica- I son of OKON Waterproofing Sealers. OKON prevents the dam- aging penetration of moisture. It keeps concrete and masonry surfaces clean and now looking, without changing their natural appearance. OKON Waterproofing Sealers aro environmentally clean. They are harmless to the surrounding vegetation, non-toxic, non- flammable, and have low odor. OKON Waterproofing Sealers are completely compatible with latex paints and stains, and are equally easy to apply and clean up OKON Waterproofing Seaters may be applied to damp (free of liquid) surfaces, thus saving unnecessary and costly con- stmction delays. OKON Waterproofing Sealers are as suitable for the dodt- yoursetfer as the professional contractor, MR/MANUFACTURER RESEARCH AND DEVELOPMENT OKON Research and development personnel have been lead - wit in the formulation of waterproofing seaters for more than 25 years. This experience ted to the development of our unique water baud formulations for concrete, masonry and wood. These sealers were specialty formulated so that their chemistry would beeompatible with moat construction coatings, including latex paint and stain. Extensive use of laboratory testing equip. mart such as the weathorometor (below) has enabled us to most and exceed existing specifications for clear, breathing wator-proofing "Wrs. Our success In developing these water emulsified products establishos OKON as a leader and Irmo. nolo In the coatings industry. TECHNICAL SERVICE Some of Our most attractive and efficient product$ have been dovoloped through close coordination of architects, applicators and property owners along with our technical people, On site consultation (above) by knowledgeable field and laboratory per. sonnei Is basic to the OKON marketing program and our com- mitment to service, OKON W -t b W-2 for Masonry and Concrete • Helps prevent spelling, efflorescence and staining due to ex• posure to moisture, Iroozo•thaw and weather extremes. • Seats out moisture while allowing inner area to breathe, releasing trapped moisture. • Compatible with most paints, caulks and sealants. • Can be safety applied in nonventilated areas without danger from fire or toxic vapors. • Contributes to the energy efficiency of building exteriors by keeping them dry, thus preserving ma-amum insulating performance. OKON W-/ (Regular): for use on ordinary masonry and con. Crete surfaces. (horizontal and vertical). OKONW2 (Heavy Duty): for porous surfaces such as concrete block. OKON TCS OKON TCS Concentrate is a water based (latex) raforprocfmg seater additive for latex paints and stains. When added to tho latex paint and/or stain of your the-ro clear TCS Ccnr:crtudto produces a water repollont paint or stain coating that protects better, looks better and lasts longer. OKON's moisture ropcllmr) action reduces mildew and mold problems Uses: The use of OKON TCS Concentrate is unlrmaod in both new and remedial construction It provides uniformity of calor, unlimited selection of paint or stain calor and water i npni:oncy to all kinds of connate, mosenty, wood unit compOsaicin surtacns Rotor to the TCS guide specifications on page a for its use et combination with OKON W2 as a coating system for concrete block More reasons to specify or uas TCS Concentrate: Keeps wet edge longer to help reduce tap marks, shiners and allay lip Mugging• Helps eliminate water aborting of mid -tons and Coop tone Colors, ...Nontoxic, non flammable and complies with all state and federal air pollution requvementre ...Provides Improved performance and amended life of paint and stains ...Is tecostable, easy to n and SAFE !s cotnpaude with el: +sal latex paints and stains OP/OVERALL PRODUCT, IN PLACE TECHNICAL DATA Scope: Proper application of clear waterproofing sealers is essential to achieve a water light structure. The problems of proper application are compounded by the fact the sealer end product is clear and colorless. Therefore, once dry, it is difficult to "sero" if the sealer has been applied and in sufficient volume to do the job. To eliminate or minimize any problems, all OKON waterproofing sealers should be applied to the point of "run down" or what Is referred to as a "flood coat" OKON water- proofing sealers are a special blend of modified acrylic resins and other waterproofing resins. These resins penetrate the sur- face of a substrate and set up a waterproofing barrier in the subsurface of the substrate. Without a "good coat" or a com- plete saturation at the substrate, protection of the surface can- not be assured. OKON W Series waterproofing products are essentially one coat materials. Additional applications do not necessarily improve the treatment and may result in an accumu- lation of solids on the surface which may be objectionable. Verify proper penetration of a second coat with a test application before proceeding with the entire job. Because the substrates to which these sealers are applied vary considerably, the following application techniques will help in applying OKON water- proofing sealers effectively. Contact OKON or Its distributors for any specific questions or unique application conditions. Surfacer Preparation: All surfaces should be thoroughly cleaned. Caulking and other sealants should be in place when- ever possible before sealer application. Air and substrate lem- poraturo should be 50eF and rising. Contact OKON of its distrib- utors lot specific Instructions when marginal weather conditions exist. The surface to be treated can be slightly damp but no obvious signs of wetness should exist. In HOT DRY weather, it is recommended that whore possiblethe surfaces to be treated be given a light spray of water prior to application of OKON sealers. This water spray will help cool the substrate to prevent flash drying on the surface and Improve penetration of the water to. polling rosins. When fire[ applied, OKON's emulsified rosins so. poor milky white. However, depending on the substrate and air tomporature, the emulsified resins coalesce (fuse together) and dry clear and colorless. The milky appearance should last no longer than approximately 30 minutes. Strike off or roll out any obvious drips or puddles remaining after this period of time. Caution: In marginal weather, i.e., less than 50eF wind chill, cold substrata, etc.. OKON rosins may not completely coalesce and the treated surface may retain some of its Initial milky ap- pearanco which will not disappear with warming temperatures. 11 this condition develops, call OKON or Its distributors ImmedF artily for Instructions an remedial procedures. Coverage Table (APpox, square tam per gallon) OUDBTAATB W-1 W-2 TCBMINT Concrete dock 00-80 175-200 Spa race or "Load block e0-60 tog -t60 Adobe 60-75 — Br¢k masonry, now of glazod 150 250-300 Stucco 150 200-250 Piaster 150 3DO-350 Concrete, Poured to piece a precast 150-300 300-350 Concrete, stab on We" 160-300' 100-300' NIA Dnck Masonry. Old common n used 100-200' 100-200' 175-200 Woad (tough sawn a woothorod) NIA NIA 200-300 Wood (smooth or prlmod) NIA N/A 3OD-350 ' In some canoe an OXON product with a htghor whole content may to, used to produce tiro doerred rosutb. Density and porosity, dictate the Proper product, contact the manufacturer for specific rocommm- deluRts. 7.9/Oko Calapodtlon: Modified Acrylic Emulsion ph: 9.0-6.5 specific Gravity: 1 gIM Flash Point: None Viscosity: 20 Carmpois Chemical SoWa: W-115%, WQnO%, TCS/d0% Weight poi Gallon: 0.3 be. Resistance to U.V.: Excellent Resistance to Abrasion: Excellent Resistance to Dust Collection: Excellent Breathing: Yee Palntable: Yee Freezable: Yes OKON W-1 Application: OKON W-1 Is a 5% solids sealer and it is to be used an concrete" masonry surfaces other than concrete block and other similar porous surfaces. It can best be applied using low pressure airless spray equipment using a Way tip no smaller than .015 inches and as large as .035 inches. Smaller orifices may require repeated applications to the same area to achieve proper cubstrate saturation. Smaller orifices or high pressure can also cause the seater to loam or atomize, which can give the applicator a false Impression as to how much material is really being applied. Hold spray tip ap. proximately 12.18 Inches from the surface using a fanning mo. tion at the end of each horizontal pass. Run downs should be picked up In a single drop and not allowed to dry before top coating with product. Strike off or roll out obvious drips or pud. dies remaining on overhangs or horizontal surfaces atter ap. proximately 15.30 minutes of application. Do not stop or inter- rupt the application In the middle of a drop. When professional equipment is locking, a garden sprayer may be used for small commercial jobs or home use. OKON W-1 can also be brushod or rolled when required. The porosity of substrates varies considerably. This makes it highly desirable to make a test application to determine the proper application rate. Most sealers are applied starting at the top of s wall first and than on down. However, on light colored surfaces such as architectural concrete and limestone it Is recommended that the application start at the bottom and pro. cood upward. This method will reduce the possibility of long streaks of run down picking up dirt, dust andlor other foreign material ahead of the application and being permanently malod to the surface. OKON Wit Application: OKON W-2 Is a 10% solids eoalor designed for use on concrete block and other porous motorial. The poroalty of Concrete black varies considerably and therefore application rates Can vary from 40 square toot per gallon for split lace black to 60.00 square last par gallon for regular amo6th faced Nock. The porosity of concrete block often makes it dilfl. tuft to achieve the proper "flood Coat" with a run down using cawent anal paint spray tips. Other spray lips are available for appMng O DN which perform as wall as conventional lips and at a traction of their cost. One such tip made try Spraying Sys. tems Co. (Un(jet Nozzle 68005) produces a flat spray pattern and dolNore N gallon per minute at /0 pal. The l/nget NOW5 has an equivalord orifice diameter W .057 Inches and will fit con- ventional spay puna. Those low spray tips are available what. over agricultural spray equipment Is sold. Large spray lips (.028.077 inches) will allow the applicator to achieve the do. sired Coverage In a single pass holding the tip 12-18 Inches from the wall using a fanning motion at the and of each horizontal pass. Establish an overlapping spray pattern and lake special care to saturate mortar joints allowing the eoalor to run down the wall a minimum of 3.5 Inches from the point of contact. For Osll. mating purposes, figure 2040% more surface oras when treat. Ing split fats or fluffed block. When sealing hot IZOnlal doncrole surfaces (parking garages, ramps, walks. patio, ate.) lief either W-1 of W-2, wipe up, brush out a aquo0g00 off ok`S;? � 1 sealer that ties not penetrated the treated surface within 1530 / minutes of application. O TSITECHNICAL SUPPORT TCS GUIDE SPECIFICATION Latex coca Coats) Of paint or stain shalt contain OKON Total Cola Systems Concentrate (TCS) additive as manufactured by OKON, Inc. Mix not loos than t quart of OKON TCS with each gallon of telex paint or stain. See accompanying coverage table for TCStPaint applk-.atton rates. Application shall be made by brush, roller or spray using standard Industry application pro- cedures and workmanship. Apply one or two coats of OKON TCS modified paint or stain as specified to dense surfaces such as concrete, stucco or wood. Concrete block and other porous Surfaces must first be seated with a flood coat of OKON W-2 Waterproofing Sealer following recommended application rates of 60.80 square feet per gallon far regular block and 40.60 square teat per gallon fa split face or fluted block. (Soo OKON W-2 Guide Specification for additional information regarding the OKON seal coal.) OKON TCS Is not recommended for painted or stained horizontal surfaces subject to high traffic. OKON W-18 W2 GUIDE SPECIFICATION Water repellent coating "I be a penetrating, water based acrylic rosin emulsion containing non-organic solvent carriers. as manufactured by OKON. Inc. Rater to the accompanying W plication coverage table for proper coverage rates and product selection. Vesical and horizontal surfaces to be sealed must be clean and tree or dust, din, oil, efflorescence and other foreign material that may Interfere with uniform and deep penetration. Open mortar joints, boo holes and cracks must be tuck -pointed or seated with suitable caulking material prior to being sealed with OKON. All sealants- flashing and parapet caps (metal or mastic) must be in place. Apply a flood coat of OKON W-1 ( ) or OKON W-2 ( ) to achieve a minimum 3 to 51nch run down while maintaining a flooding wet odge and over -lapping passes. Spray tip size shall be .026 to .077 for Concrete block and other porous surfaces; and .018 to .035 for brick, concrete and stucco surfaces. The #ploy head should be haid a maximum of 12 to t8 inches from the wall white maintaining a vortical ran pattern on the wall of all times. Highly porous or difficult to spray substrate (raked joints, fluted. grooved or split taco block) may benefit from a 5000nd Coat application of the senior to ensure complete cover ago and to provide additional protection. A second appii- C&lion can be made anytlm0 after the first Coat has completely coalesced (no longer whito). Application rates for the second coal will be approximately double that of the first cool. Consult manufacturers application bulletin for complete application rec- ommondattons and procedures for sooting vertical and horizon. tal surfaces. Contact OKON Inc., for complete guide specifica- tions in the CSI format. OTHER OKON PRODUCTS ...In Sweats Rotor to Sweet's classification code menbor 9.01WP for cata- log pages on OKON Weather Pro Soml Transparent Wood Stain and Water Ropetiont. ...not in Sweets OKON Waterproofing Soalars 8-1 and 8.2. These are clear, penetrating solvent based waterproofing senior* for concrete and masonry. OKON Watorproafing Soofor S-3. This is a clear, penetrating solvent based waterproofing senior to wood. OKON Masonry Cleaners. Those aro dry frawf ooing glen. ular powder products dosigned and formulated to Cloonso masonry and concroto. LakewoodOXON,au (=cosh r3rh Avemre IstewColorado 8f]Tfe 13MI737.3571 CC/CODE ACCEPTABILITY, CERTIFICATION COMPLIANCE OKON W-1, W-2 and TCS Comply with all known EPA and CARB air pollution standards. These products are non-toxic and non. flammable. OKON W-1, W-2 and TCS exceed Federal requirements for water repellency and Paintabifity. Federal Specifications TT -W- 5728, 3.7 and 3.8. LIMITED WARRANTY The manufacturer will replace this product if, within one year of the date of purchase, it Is shown to be detective when used as directed. THE MANUFACTURER'S LIABILITY UNDER ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS LIM- ITED IN DURATION TO ONE YEAR AND IS LIMITED SOLELY TO REPLACEMENT OF THE PRODUCT ANU DOES NOT IN- CLUDE LABOR OR OTHER CONSEOUENTIAL DAMAGES. Some States do not &flow limitations on how Imp an implied warranty fasts of do not allow the exclusion or limitation of inci- dental or consequential damages, so the above limitation or ex- Clusidn may r41 apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. OM/01PERATION MAINTENANCE Maintenance: No special maintenance is required. OKON Water-Basod waterproofing requires no special handling or agi- tation before application. Under normal Conditions OKON Water -Basad formulations are stable for at toast one year in un- opened containers. They should be storod above 40°F, and MUST BE PROTECTED FROM FREEZING. Spray equipment, brushds, rollers, sic., should be washed with Soapy water immediately attar uso. The suspended solids form a tough resilient film whon they dry and should be wa&hod off hands and clothing before they dry. Over&pray can be removed while damp with a wet cloth and detergent Solution. Dry ovor. spray can be removed with paint thinner and should be done within a few hours attar application. Fully curod rosins can only be removed with xylene, toluene or other strong solvents. AC/AVAILABILITY, COST A"Iiabiiity: OKON Walwprdoling seaters aro available through o wide variety of paint and industrial distributors in the United States. Special walerprooting materials tot specific to. quiroments can be provided when made known to OKON, Inc.. Lakewood, Colorado hoadquartors. For availability in foreign countries, planes contact Ito manufacturer. Cost: Motorial costs aro available from local distributors and doctors or by Contacting the manufacturer. 'cf: T'S Outruns for roprnsontive, OKON vs. 5% SILICONE Silicones were first manufactured commercially in this country in 1953. Silicone based water- proofing materials were introduced soon after. However, since their introduction, experience has shown that the performance of silicone waterproofings has fallen lar short of expecta- tions. It has been shown that many so-called silicone water- repellents lose their globulation properties in a matter of months after application. As for keeping the surface clean, or the claim that their use will make subsequent cleaning easier, evidence suggests that these claims are also only supportable over a short period of time. In fact some users claim silicone con- tributes to the absorption of soot and grime by the surface. While architects generally acknowledge that silicones do not offer lasting waterproofing pro- tection, silicones continue to be spec'd and used primarily because of their tenure in the market place. The industry trend is away from the continued use of silicones. The following comparison of OKON water borne waterproofing and 5% sili- cone will be of interest to the informed architect. Method of waterproofing penetrating, breathing film coating only Effective life span 5.8 yea„ 1.2 yoars, depending on exposure to direct sunlight Dirt repellency excellent poor UV stability excellent poor Abrasion resistnnco excellent nonn Paint compatibility Improves adhesion of resists adhesion. latex & oil based paint release agent Effect on I ... asphalt & caulking none I soften or dissolve ... glass none etching metal none staining shrubbery none must be protected from I over spray Surlaco preparation damp or dry dry only Application precautions none respirator or good ventilation required Surlaco color unchanged darkened, glossy, sticky Trostment of Ilmestore or gypsum plaster excellent not recommended Flammability m non-gamable flammable solvent Clean-up (damp resins) water solvent OHO 11.1 n C. 1!000 Weil 13th Avenue . Lakeerood, Worado $0214 . (303) 232-35?1 % 1. PRODUCTNAME OKON W-1 Waterproofing for regu- lar concrete and masonry. OKON W-2 Waterproofing (heavy duty) for porous concrete aro masonry. OKON W-3 Waterproofing for wood. 2. MANUFACTURER OKON, Inc. 600 WOSI 13th Avenuo Lakewood, Colorado 80214 Phone: (303)232-3571 3. PRODUCT DESCRIPTION Basic Use: OKON Water -Bases Wat OrprOofings aro walor repellent sealerb trial provide a tough breathing type water barrier beneath the substrate surfaco. They keep surfaces clean and preserve the natural appearance of con- crete, masonry and wood. They condition surfacos for subsequent application of stains, paints, coatings. adhesives, etc. OK ON W Series Waterproofings aro non-polluting, non-toxic and non-flam- moble. They rotard or eliminate of sores. conco, and their application resists cracking and spelling of vertical and horizontal concrete from successive Ireoze-thaw cycles. OKON treated sur- faces aro compatible with a wide range of alaslomoric sealants, coatings and caulking matonals. The water repellant solids In OKON provide protection to foinforcing stool, electrical Condun, alu- min um or wood contained within the Sur- face treated. Umlietlons: OKON W Sorbs Wator- proofing products aro ossontially one coal materials Additional applications do not nocoavutly improve the troatmont and may result in a surface accumulation of ;phos which may be objectionable. II this should occur, contact OKON Immo. chatoly for proper treatment procedures to remove excess solids from mu sudace. Use OKON W-2 only on concrete block. split lace block or ftutod and on other very porous substrate. Do not use W-2 on glared brick, stucco, concrete of other do" substrata, OKON W Soros Water. proehngs are susceptible to freezing. All packaging is conspicuously marked "KEEP FROM FREEZING:' Provontivo measures are necessary for both trans- porting and along OKON Water based soolars. Do not apply OKON Watef- SPED® Tni. SDK-Dr1. Sln.l 1;r Z m. to •dlmdu MITI. awKrlb.d bT TM Ca. MIructbrr 1-.1 I. ,n. Inrlllulr. TM m.nurrclurrr 1. r.• W—Siblr for Whnlc.l .ccurKT. Based Waterproofing when air and/or W-3 datars deterioration resulting from substrate temperatures are less than action of the Bun, rain, wird, smog, salt 50°F. Contact OKON or Its distributors air and other similar climatic conditions. for specific instructions when marginal OKON W-3 does not color the wood nr weather conditions exist. keep II from changing color through the natural weathering process. To maintain Composition and Materials: OKON Water -Based Waterproohngs are a telex of hydrophobic acrylic resins In a water emulsion. The water provides the means of transporting the suspended resins to the surface and into the capillary open- ings In the surlaco. The rosin micelles have a diameter of a low one hundred thousandths at an inch and readily coat the voids and Capillaries of the substrate to produce a water repelling, breathing film that will not yellow with Irmo. Grades: OKON W-1 Wator-Basod Waterproofing is formulated for applica- tion to concrete or masonry surfaces, stucco, ptastor and all architectural con. creto surfaces. It may be used inside or outside. above grado or below grade. OKON W-1, Wator-Based Waterproofing is recommended for use on foundation walls to Improve the adhesion and water- proofing aterproofing characteristics of bliumon mombrance materials. OKON treatment should continuo above the bitumen to and including the trick show and backing wail. Whenever possible, OKON W-1 should be applied on Doth sides of e foundation wall Immediately upon re- moval 01 forms to provide a uniform dispersion Of moisture throughout the ooncroto mass for maximum dampou" from within and for wator-tight concrete. OKON W-2 Wator•Based Waterproot- Ing is formulated for application on all porous concrete or masonry surfaces such as Concrete block, lightweight Con- croto products, sand brick, October and porous natural or simulated stone. Use OKON W-2 over porous surfaces prior to painting to rotam surface texture, reduce quantity of paint required to cover and to incroaso paint life. OKON W-3 Water -Based Waterproof. Ing Is formulated for application to all wood surfaces, It is especially usoful where surfaces ale to DO palntod, stained, overlaid lir footed. II will reduce or oliminato warping. chocking, oatldng, splitting, shrinkage and swalling duo 0 atmosphere moisture charlgoe. OKON the natural color of wood• the addition or a small amount of Universal Colorant (less than 4 oz/gal) Is suggested. Sties: Packaged In liquid tone In one gallon and five gallon plastic container,. and in 55 gallon polyethylene lined stool drums. 4. TECHNICAL DATA OKON W -Soros Waterproofing Color: White emulsion ph: Neutral Specific Gravity: 1 Flash Point: Evaporates comptetoly without igniting Viscosity: 1 10 Contlpoiscs Chemical Solids: W-1 5% W-2 10% W-3 10% Wolght per Gallon: 8.3 lbs. Resistance to abrasion and ultraviolet ray degradation Is excellent, Water pota. bility tests conducted by an autholuad independent laboratory show the OKON W. Series Waterproofing IO be well within the requirements of the Unliod States Environmental PrutocIl Agerty. Those test methods and results are available on request. A static hand wafer repel- loncy lost revealed the OKON W -Santos Waterproofing to have excellent moisture repellency qualities. TTia lost simulates the Conditions of the U.S. Oovammont Tort TT -P-0035 for wind driven rain to. sislance in which a pressure of 5' of water is maintained against a wot can. croto face as oquwaloni to a 03 mile por hour wind driven rain. OKON Wator-Based Waterproofing Deplore moot or ercood all known EPA, OSHA and CARD hazardous motfrtal requirements for this Class of Orchnor tural coatings. Contact OKON, Inc, for Specific roforartras. It. 11. W.. to.. hurt .."A r.r 4r. .". IMI" IY, 1061. .. .1 r10".010 i111.k. egf r�0t.n•anrtr.r l.. r. t�rlmLn lurdulq ler, •roar. IM. D. C. 11001• 7�, oTleo G W2 80-80 40-60 50-75 100.000' 100 -200 - 'in sono cases an OKON pro" wire a highor fields W"001 may be used to produce the desired results, Density and poroaM ddetaro the VOW product. ckxitacl the manufalturoi for $Medic recCnTmandii" rte Nola' Wherever possible. treat beth oidenor and ntarki, woos surfaces S. INSTALLATION Preparatory Work: Masonry or con. crete surfaces should be thoroughly cioanod prior to the application of OKON Waterproofing. Existing din. grease. asphalt, far, Stains, efflorescence, old surface coatings or mud must be to. rnovod wing OKON Masonry Cleaner or equivalent Repair of cracks and other surface damage, as wan as Moller joints, is an important pan of the preparatory work. Method of Application: OKON Wator-seised waaorpnaoMp tomkulaaa+s are best applied using low pressure air - low spray equudPrnera A Common garden sprayer may tido used on Arnett Jobs or when piotessanal equipment to teckirtp. OKONI W-1 and W-3 can also bebrushed or iollod. Spray equipment pressure should be kept low to prevent Marra ation and/or foaming of the product. Apply OKON W-2 (porous substrata) wing a .028- 074 &pray to; application should permit a relatively heavy flood Coat and positive fun down (min 3-5 wchss) On lose porous substrate (W-1 or W3 Spoil. cation) a 018-.035 *prey tip should be used, application Should t1torotrghfy v, FA the surface with a nunimum of run down Run downs should be picked up In a Single drop and not allowed to dry baton over spraying with product Hold aproy tip appmxvnately 12. 18 Inches tom the surface using a tanning motion At the and of each horizontal pass On honzon- fol Surfaces, wipe up, brush out or Squs®goe off excess sealer that has not penetrated the treated Surface within 15.30 minutes of application On arclutecturnl concrete, limestone or other tight colored substrate, a is recarn monded that the application scan at the bottom and proceed upward This will reduce the passibility of nal down streaks plCkingtip dirt, dust and/or other foreign material ahead Of the spray Application and being permanently sealed to the surface. OKON Wator•Ossod Waterproofing products may be applied to either damp of dry surfaces. In hot, dry weather, n to recommended that where possible the surfaces to be treated be given a light spray of water prior to application of OKON seaters. This water spray will help oeol the substrate t0 prevent flash drying on the surface and Improve penetration of the water repelling rosins Concratn. masonry or wood components may be dipped in OKON W-Senua Waterproof- ing malenals to provide complete water repellency. OKON Wstor-©ted Waterproofing Should be Applied in ambient as Irm peratwes of 50'F r nn. and 100"F mdt Because theta products are water b1' of d there Is no danger of poCuti in ddr,nq application, nb f hazard, no akin m,la. tion nor reaction wart asphalt, idt pr WrtHf hydrocarbon basndproducts OKON Wator-Basod products moot all known existing and proposed CARO require - mems for spray applied materials Spray equipment. brushes, miters, etc . should be washed with soapy water int- meoratety attar use. The suspended solids form a tough resilient film when that' dry and should be washed off hands and clothing before they dry Overspray can be removed white damp with a wot cloth and detergent solution. Ory over - spray can be removed with palm thinner and should be done within a low hours after application. Fully cured rosins can only be removed with xylene, toluene or other strong solvents. & AVAILABILITY AND COST Avattsbtttry: OKON Waterproofing sealers are available through a wide variety of paint and industrial disrnbutor• in the Unnotl States Special waterproof. mg materials for specific requirement, Can be provided when made known to OKON, Inc . Lakewood, Colorado head- quarters For availability in foreign conn• trios, please Contact the manufacturer Coat: Material costs are available from local distributors and dealers or by contacting the manufacturer. 7. GUARANTEE/WARRANTY OKON, Inc, provides a Invited live year warranty on GKON W -Sones Water. proofing sealers This statement of Warranty is available on request by con- tacting the manufacturer e. MAINTENANCE No special maintenance to required OKON Water-Basod Waterproofing ru- quires no special handling or agitabcn betore ODW"t*M Under noimai Condi tions OKON Watdr•Based formulation* are *table for at least one year in unopened containers, They should be stored too" 40 F. And MUST BE PRO- TECTED FROM FREEZING 9. TECHNICAL SERVICE Chemical and industry expentse rs available through direct contort with OKON, Inc . Lakewood Colorado nand quarters 10. FILING SYSTEMS Speutkcahons Guldsa dais sheets and application bu0nrns Are available upon rcquaal NOTE OXON Inc alio manulactumrs OKON TCS Conronvatii {wdtarprwLny addiuwt fit 1,!v. paints Ann *!sirs), Wea!hor Nro water la -.i I water nrpMdn,1 some tinn-,paroi.l .0.1 n ono Sutvent nased w,tterpr Rrt,ng pr, :.i unlS lir 111B. -M10 masonry and wtk .1 1V-3 x 40-80 a Coverage Tabid (Approx. square feet par gallon) SUBSTRATE w -t Plywood 200.300 SplittateoRblock Split fsice or ffuteks block 125.175 Adobe 150.200 Bndt masortry. naw or glazed 150 Stucco 150 Plaster 150 Concrete. poured in place of precast 150-300 Concrete, atab on grade 150.300' Bride Masonry, old common or used 100200` W2 80-80 40-60 50-75 100.000' 100 -200 - 'in sono cases an OKON pro" wire a highor fields W"001 may be used to produce the desired results, Density and poroaM ddetaro the VOW product. ckxitacl the manufalturoi for $Medic recCnTmandii" rte Nola' Wherever possible. treat beth oidenor and ntarki, woos surfaces S. INSTALLATION Preparatory Work: Masonry or con. crete surfaces should be thoroughly cioanod prior to the application of OKON Waterproofing. Existing din. grease. asphalt, far, Stains, efflorescence, old surface coatings or mud must be to. rnovod wing OKON Masonry Cleaner or equivalent Repair of cracks and other surface damage, as wan as Moller joints, is an important pan of the preparatory work. Method of Application: OKON Wator-seised waaorpnaoMp tomkulaaa+s are best applied using low pressure air - low spray equudPrnera A Common garden sprayer may tido used on Arnett Jobs or when piotessanal equipment to teckirtp. OKONI W-1 and W-3 can also bebrushed or iollod. Spray equipment pressure should be kept low to prevent Marra ation and/or foaming of the product. Apply OKON W-2 (porous substrata) wing a .028- 074 &pray to; application should permit a relatively heavy flood Coat and positive fun down (min 3-5 wchss) On lose porous substrate (W-1 or W3 Spoil. cation) a 018-.035 *prey tip should be used, application Should t1torotrghfy v, FA the surface with a nunimum of run down Run downs should be picked up In a Single drop and not allowed to dry baton over spraying with product Hold aproy tip appmxvnately 12. 18 Inches tom the surface using a tanning motion At the and of each horizontal pass On honzon- fol Surfaces, wipe up, brush out or Squs®goe off excess sealer that has not penetrated the treated Surface within 15.30 minutes of application On arclutecturnl concrete, limestone or other tight colored substrate, a is recarn monded that the application scan at the bottom and proceed upward This will reduce the passibility of nal down streaks plCkingtip dirt, dust and/or other foreign material ahead Of the spray Application and being permanently sealed to the surface. OKON Wator•Ossod Waterproofing products may be applied to either damp of dry surfaces. In hot, dry weather, n to recommended that where possible the surfaces to be treated be given a light spray of water prior to application of OKON seaters. This water spray will help oeol the substrate t0 prevent flash drying on the surface and Improve penetration of the water repelling rosins Concratn. masonry or wood components may be dipped in OKON W-Senua Waterproof- ing malenals to provide complete water repellency. OKON Wstor-©ted Waterproofing Should be Applied in ambient as Irm peratwes of 50'F r nn. and 100"F mdt Because theta products are water b1' of d there Is no danger of poCuti in ddr,nq application, nb f hazard, no akin m,la. tion nor reaction wart asphalt, idt pr WrtHf hydrocarbon basndproducts OKON Wator-Basod products moot all known existing and proposed CARO require - mems for spray applied materials Spray equipment. brushes, miters, etc . should be washed with soapy water int- meoratety attar use. The suspended solids form a tough resilient film when that' dry and should be washed off hands and clothing before they dry Overspray can be removed white damp with a wot cloth and detergent solution. Ory over - spray can be removed with palm thinner and should be done within a low hours after application. Fully cured rosins can only be removed with xylene, toluene or other strong solvents. & AVAILABILITY AND COST Avattsbtttry: OKON Waterproofing sealers are available through a wide variety of paint and industrial disrnbutor• in the Unnotl States Special waterproof. mg materials for specific requirement, Can be provided when made known to OKON, Inc . Lakewood, Colorado head- quarters For availability in foreign conn• trios, please Contact the manufacturer Coat: Material costs are available from local distributors and dealers or by contacting the manufacturer. 7. GUARANTEE/WARRANTY OKON, Inc, provides a Invited live year warranty on GKON W -Sones Water. proofing sealers This statement of Warranty is available on request by con- tacting the manufacturer e. MAINTENANCE No special maintenance to required OKON Water-Basod Waterproofing ru- quires no special handling or agitabcn betore ODW"t*M Under noimai Condi tions OKON Watdr•Based formulation* are *table for at least one year in unopened containers, They should be stored too" 40 F. And MUST BE PRO- TECTED FROM FREEZING 9. TECHNICAL SERVICE Chemical and industry expentse rs available through direct contort with OKON, Inc . Lakewood Colorado nand quarters 10. FILING SYSTEMS Speutkcahons Guldsa dais sheets and application bu0nrns Are available upon rcquaal NOTE OXON Inc alio manulactumrs OKON TCS Conronvatii {wdtarprwLny addiuwt fit 1,!v. paints Ann *!sirs), Wea!hor Nro water la -.i I water nrpMdn,1 some tinn-,paroi.l .0.1 n ono Sutvent nased w,tterpr Rrt,ng pr, :.i unlS lir 111B. -M10 masonry and wtk .1 1V-3 Shingles "Shakes, old 40-80 Shingias add Shakes, now 50.75 Redwood and Cedar siding 150.250 Plywood 200.300 Pines and soft wood 125.175 Fir and Hemlock 150.200 Doors 150200 W2 80-80 40-60 50-75 100.000' 100 -200 - 'in sono cases an OKON pro" wire a highor fields W"001 may be used to produce the desired results, Density and poroaM ddetaro the VOW product. ckxitacl the manufalturoi for $Medic recCnTmandii" rte Nola' Wherever possible. treat beth oidenor and ntarki, woos surfaces S. INSTALLATION Preparatory Work: Masonry or con. crete surfaces should be thoroughly cioanod prior to the application of OKON Waterproofing. Existing din. grease. asphalt, far, Stains, efflorescence, old surface coatings or mud must be to. rnovod wing OKON Masonry Cleaner or equivalent Repair of cracks and other surface damage, as wan as Moller joints, is an important pan of the preparatory work. Method of Application: OKON Wator-seised waaorpnaoMp tomkulaaa+s are best applied using low pressure air - low spray equudPrnera A Common garden sprayer may tido used on Arnett Jobs or when piotessanal equipment to teckirtp. OKONI W-1 and W-3 can also bebrushed or iollod. Spray equipment pressure should be kept low to prevent Marra ation and/or foaming of the product. Apply OKON W-2 (porous substrata) wing a .028- 074 &pray to; application should permit a relatively heavy flood Coat and positive fun down (min 3-5 wchss) On lose porous substrate (W-1 or W3 Spoil. cation) a 018-.035 *prey tip should be used, application Should t1torotrghfy v, FA the surface with a nunimum of run down Run downs should be picked up In a Single drop and not allowed to dry baton over spraying with product Hold aproy tip appmxvnately 12. 18 Inches tom the surface using a tanning motion At the and of each horizontal pass On honzon- fol Surfaces, wipe up, brush out or Squs®goe off excess sealer that has not penetrated the treated Surface within 15.30 minutes of application On arclutecturnl concrete, limestone or other tight colored substrate, a is recarn monded that the application scan at the bottom and proceed upward This will reduce the passibility of nal down streaks plCkingtip dirt, dust and/or other foreign material ahead Of the spray Application and being permanently sealed to the surface. OKON Wator•Ossod Waterproofing products may be applied to either damp of dry surfaces. In hot, dry weather, n to recommended that where possible the surfaces to be treated be given a light spray of water prior to application of OKON seaters. This water spray will help oeol the substrate t0 prevent flash drying on the surface and Improve penetration of the water repelling rosins Concratn. masonry or wood components may be dipped in OKON W-Senua Waterproof- ing malenals to provide complete water repellency. OKON Wstor-©ted Waterproofing Should be Applied in ambient as Irm peratwes of 50'F r nn. and 100"F mdt Because theta products are water b1' of d there Is no danger of poCuti in ddr,nq application, nb f hazard, no akin m,la. tion nor reaction wart asphalt, idt pr WrtHf hydrocarbon basndproducts OKON Wator-Basod products moot all known existing and proposed CARO require - mems for spray applied materials Spray equipment. brushes, miters, etc . should be washed with soapy water int- meoratety attar use. The suspended solids form a tough resilient film when that' dry and should be washed off hands and clothing before they dry Overspray can be removed white damp with a wot cloth and detergent solution. Ory over - spray can be removed with palm thinner and should be done within a low hours after application. Fully cured rosins can only be removed with xylene, toluene or other strong solvents. & AVAILABILITY AND COST Avattsbtttry: OKON Waterproofing sealers are available through a wide variety of paint and industrial disrnbutor• in the Unnotl States Special waterproof. mg materials for specific requirement, Can be provided when made known to OKON, Inc . Lakewood, Colorado head- quarters For availability in foreign conn• trios, please Contact the manufacturer Coat: Material costs are available from local distributors and dealers or by contacting the manufacturer. 7. GUARANTEE/WARRANTY OKON, Inc, provides a Invited live year warranty on GKON W -Sones Water. proofing sealers This statement of Warranty is available on request by con- tacting the manufacturer e. MAINTENANCE No special maintenance to required OKON Water-Basod Waterproofing ru- quires no special handling or agitabcn betore ODW"t*M Under noimai Condi tions OKON Watdr•Based formulation* are *table for at least one year in unopened containers, They should be stored too" 40 F. And MUST BE PRO- TECTED FROM FREEZING 9. TECHNICAL SERVICE Chemical and industry expentse rs available through direct contort with OKON, Inc . Lakewood Colorado nand quarters 10. FILING SYSTEMS Speutkcahons Guldsa dais sheets and application bu0nrns Are available upon rcquaal NOTE OXON Inc alio manulactumrs OKON TCS Conronvatii {wdtarprwLny addiuwt fit 1,!v. paints Ann *!sirs), Wea!hor Nro water la -.i I water nrpMdn,1 some tinn-,paroi.l .0.1 n ono Sutvent nased w,tterpr Rrt,ng pr, :.i unlS lir 111B. -M10 masonry and wtk .1 W-1 (Regular) INSTRUCTIONS W-2 (Heavy Duty) Thoroughly clean the surfaces to be treated, WATERPROOFING removing dust, mud, 1 and are con - best struction Soil, etc W1 and W-2 are best applied using low pressure airless spray For equipment. A common garden sprayer. brush or roller can be used on small lobs or CONCRETE when prolesstonal equipment isnot avail- able. Apply using a flood coal and run down. thoroughly saturating the surface, picking and up run downs in a single drop Under condi lions of high temperature and low humidity MASONRY �t �s reconlmei,ded that where possible the surface to be treated should be given a light spray 01 Water prior to application Applica- ta 1 and W-2 are waterproofing scalers with tion of OKON should be done in ambient clear penetrating resins suspended in water. temperatures of 50'F Minimum and 100 F When the white waterproofing emulsion s Maximum OKON water based waterproof- applied to concrete or masonry material the ing scaler is non-toxic, non-flammable and ing emulsion breaks, pernulhng the water re - inherently safn, to use. Wet overspray can be pellent materials to flow together, react, removed with a wet cloth or detergent solu- and dry clear OKON sealers provide a tough. tion Dry overspray can be removed with breathing type of water barrier beneath the MEX, toluene or xylene Refer to OKON substrate surface that helps keep surfaces Technical Bulletins for complete application clean and natural looking OKON resins aro details. compatible with either water based or orf Approx.OKONCoverege(Sq.Ft.perOel.t based paints and therefore make excellent W-1 primers As Such they help prevent paint Mnsonry t5o from and/or cracking due to mois peeling S:ucco ''0 Plexte, iso 300 ture OKDN's tough acrylic resins are Com- concrete above gredo 150300 patible with most caulking and sealant W-2 materials They prevent or greatly retard spi'l I'A� ntae. o C1fI0rCSCCr1CC and help control Spalhng Flutodmacx be lure 10 metude mdxce else et 11006 caused b freeze -thaw cycles y wenn catcwaeng coven,ge t'om,xyduMuea.nm ten,eerdY tin MeN OrllN m,rT. cenW nr ne, b atunwe ma,..o.cic ,e. M w.,r, MOTE Wt— emcee "W beth-e,o uE m w YNun oi4on,inc. f,Obd West 131h Avenue (303) 232.3571 Lakewood, Colorado 80210 w, s W? 10,113 / Al Lj A 14 •J' `� f •1 f 114, - i 4G 3v� . ya - TRAFFIC SURYSY - C00:3TY ROAD'39 tROA EL31 STREET TO FAIRWAY DRIVE 7-17-134 1640 to 175 hours - 1sTSD S3'Y.ED LMT a 43 Va _� Date Page No _ VCHTCLR %PEED VEHICLE sm!n VEHICLE SPEED 1 47 25 27 69 35 39 66 45 40 42 1 31 27 39 51 32 n, 46 26 34 52 40 q 37 29 35 .ail 57 6 42 30 44 7 44 31 29 N 59 32 45 9 40 33 56 in It 34 AA t t 17 39 S t t 4. 3a ra,t. 13 34 .i7 3A IA 4R 39 } I9 49 39 42 19 /7 40 3.P 97 in At 29 to to 42 32 u -lit 43 34 20 33 d4 47 21 46 45 46 - 22 30 46 43 _ 23 33 47 36 _ 24 32 46 )6 Rarmca4 4111 J PAUL McALP1NE, (Otai,mmt) Firer District BASIL SCHILLEWAERT Second Disma .IICHELLF. BOGENRIEF Third District ARLYN NELSON. .,. Cir/ Fourth District LEROY ENGSTROM (V.Chair) Fifth Durrict COUNTY Of WRIGHT WRIGHT COUNTY COURTHOUSE Buffalo, Minnesota 553J3 Tei: (612) 682.3900 Metro: (6121339.6881 1.804362.3661 August 22, 1984 Honorable :Mayor Grimsro City of Monticello, Minnesota 55362 Dear Mayor Gri=n: •gyp • _�_ - �:4 . P{CHARD W. NORMAN Ertruthe Secretary The County of Wright hereby formally transfers title to the following et ergency rescue system equipment purchased for Y— fire deparhmnt frem Revenue Sharing funds: 1. One (1) AMift1S Model 30 Spreader; 2. One (1) cutin package; 3. One (1) AM= Model 25 Gutter; 4. One (1) ANIIR)S Model 40 Rescue Ram; 5. One (1) AMKW M9d61 8101 4 - cycle Gasoline Power tLtit; 6. One (1) 48 - Ttm Max1force System; 7. One (1) P - 24L Maxiforce Air Bag. As agreed at the time of purchase, your community shall asatms all maintenance and repair responsibilities for this equipment upon taking possession of seas. If you have any questions, please feel free to contract no at 682-3900, ext. 117. Sincerely, 7 1 2 , Richard W. Norman Ewcutive Secretary .-;