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City Council Agenda Packet 02-24-1997AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 24, 1887 - 7 p.m. Mayor: Bill Fair Council Members: Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen 1. Call to order. 2. Approval of minutes of the regular meeting held January 27 and the regular meeting held February 10, 1997. 3. Consideration of adding items to the agenda. 4. Citizens cvnaments/petitions, requests, and complaints. b. Consent, agenda. A. Consideration of a resolution authorizing issuance of G.O. Revenue Bond Purchase Agreement and Loan Agreement with Public Facilities Authority - WWTP loan. B. Consideration of waiving statutory liability limits for City insurance renewals. C. Consideration of confirming date for annual Board of Review meeting - Wright County Assessor. Consideration of adopting a resolution supporting the formation of a coalition of cities to monitor utility tax reform issues and preparation of statistical data. E. Consideration of appointment too HRA Commission. F. Consideration of amendments to building permit moratorium which would allow maintenance activities not exceeding 25% of market value. G. Consideration of Parks Commissiuner appointment. H. Consideration of authorization to issue a building permit in the Downtown Redevelopment Area for the addition of an entry vestibule and interior remodeling at TDS Telecom, 316 Pine Street, Monticello, 1Ninnesota. I. Consideration of ordering feasibility study for development of 3 pathway segments and reconstruction of Meadow Oak pathways. Agenda Monticello City Council February 24, 1997 Page 2 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of approval of preliminary plat of Klein Farms Phase III residential subdivision. 8. Consideration of an ordinance amendment to Chapter 23 of the zoning ordinance governing the variance process. Applicant, Monticello Planning Commission. 9. Consideration of accepting the year-end EDA financial statements, activity report, and 1997 proposed budget. 10. Consideration to review year-end fund balances of UDAG and SCERG funds. 11. Consideration of authorization to purchase a vehicle for the Building Inspections DepartmenU Mvelopment Services as authorized in the 1997 City Budget. 12. Consideration of change order policy for wastewater treatment plant project. 13. Consideration of value engineering amendment to A & P's contract for wastewater treatment plant. 14. Consideration of authorizing funding of Riverfest fireworks display. 16. Consideration of bills for the month of February. 16. Adjournment. qupt&a . of, C&A, G.yc' ��aw•i (ott G frs •kc. LI& UL9-+ate— fJ-Jo:�A" MWUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 10, 1887 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Bruce Thielen, Roger Carlson Members Absent: None Approval of minutes of the remular meeting held lannunry7 1997. Minutes for the regular meeting held January 27, 1997, will be reviewed and approved at the February 24 Council meeting. Consideration of ad ine 4,ema to thpaLrendn. A. Councilmember Herbst requested that discussion regarding vacation of a portion of Locust Street be added at the end of the agenda. B. City Administrator Wolfsteller requested that an update on the proposed NSP tax legislation be added at the end of the agenda. Citizens rnmments/Wfitiong. requests. and complaints. 011ie Koropchak, Monticello Rotary President, introduced exchange student Estea Human from Bethlehem, South Africa. Ms. Human noted that she is the Council representative for her high school in Bethlehem and thanked Koropchak and Council for the opportunity to attend the Council meeting. B. Mayor Fair read a letter from city resident Iris Peter regarding a recent letter to the editor written by Cheryl Olson, Peter's letter indicated that Monticello should do everything it can to help find housing for Olson's handicapped daughter. Mayor Fair noted that when a building permit moratorium was placed on a portion of the city, the HRA negotiated a resolution to the mntter by purchasing a lot owned by Dan Reed for $30,000 on which Reed had planned to build a home for Olson's daughter. Economic Development Director 011ie Koropchak added that she provided Reed with a list of homes valued under $60,000, and Reed agreed to check with the owners regarding possible sale of the home. She noted that numerous calls have been made to Reed since the letter to the editor was published, but the calls have not been returned. Page 1 Council Minutes - 2110/97 C Mayor Fair noted that it should be clarified that the City and HRA acted reasonably to resolve the situation. 5. Consent ag n a. A. Coni;ideration of grantiny renewal of seasonal .12 r license to the Monticello Softball Association. Recommendation: Grant a 3.2 beer license to the Monticello Softball Association contingent upon receipt of necessary insurance documents and appropriate fees. B. C.pnaiderat;on of HRA_ appgin m nt.. Recommendation: Approve the appointment of Bob Murray to the HRA, effective April 1, 1997, with a term expiration of December 2001. C. Co aid ra ion of Police rpmmission appointment. Recommendation: Approve the appointment of Brad Fyle to the Police Advisory Commission, with the term expiring December 1998. D. ConAidernLon of final pavm n . on atwood Knoll Improvement Proicet No. 94-02r. - Br i ba h VnniAruction. Recommendation: Authorize final payment to Breitbach Construction in the amount of $14,963.65 upon receipt of all final lien waivers for Project 94.02C. E. Co aid rntion of an ordinance amen m nt w irh would incl_nde mortuaries as n Wrmitted use in a B-4 zon . Recommendation: Adopt an ordinance amendment which includes mortuaries as a permitted use in the B-4 zone. SEE ORDINANCE AMENDMENT NO. 286. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE "HELEN TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 1 11 1 { 11 1 11 � 111 y11(1 1111��1' �1 1 : 1 1 • 1111�11)�I y ': 1 1 t 1 1; i 1 1 1 1 � 1 1 11 S 1 1 1� 1 S• 11 Because the applicant requested that this item be tabled, there was no l Council discussion. Page 2 0 Council Minutes - 2/10/97 U 1 I: Y. 11 1 11 I1 I .1 1,1 1111 1 :AI : 11 11: w 1' I a' 1 1 111' 1 • ' Assistant Administrator Jeff O'Neill reported that, in conjunction with the River Mill development in 1994, City staff and the City Engineer surveyed other communities and checked planning and engineering journals regarding street width standards. The research generally confirmed that Monticello's street width design standards were greater than the norm. Council maintained the existing standard in 1994 but directed staff to be more liberal in identifying marginal access streets, which resulted in construction of a number of streets at 32 ft. Council was asked to consider amending road width design standards by reducing the marginal access street width requirement from 32 ft to 28 ft and by reducing the minor street width requirement from 36 ft to 32 ft with sidewalks. The current request to re-examine the standards was brought about by additional requests from developers and was supported by the Parks Commission because roadway width affects sidewalk/pathway development and shade tree program design. O'Neill went on to review the advantages and disadvantages of wide and narrow streets, noting that at this time there was not a staff consensus on this issue; however, the Planning Commission and Parks Commission were in favor of approving the request to reduce the street width requirements as proposed. O'Neill suggested that Council might want to consider tabling the issue for further discussion. He suggested that perhaps a range of street widths could be established which would allow staff to discuss street widths on a case-by-case basis. Reviewing the road width design standards now would give the City an opportunity to make changes before pending developments are platted. Public Works Director John Simola reviewed various costs to the City and developers, noting that the City's cost would increase if additional sidewalks were installed with narrower streets. In addition, Simola stated that plowing narrow streets would be more difficult and time consuming. Planning Commission Chair Dick Frio stated that the Planning Commission was in favor of reducing street widths in now subdivisions but was not in favor of defining street width requirements for now streets on a case -by -caro basis, as decisions could be construed as arbitrary and capricous. In addition, the Planning Commission favored 32 -ft streets only if the design included sidewalks. Page 3 0 Council Minutes - 2/10/97 City Engineer Bret Weiss noted that he was not opposed to reviewing the street width standards and was not opposed to 32 -ft streets with sidewalks; however, he was opposed to 28 -ft streets. He noted that older areas such as Shakopee and Bloomington do have 28 -ft streets but did not have extreme development issues such as Monticello has been experiencing. Weiss suggested that staff discuss the issue further and establish options for Council review. Planning Commission member Jon Bogart stated that he would prefer to see the cul-de-sac circle radius remain unchanged, as it is important to accommodate fire equipment; however, the road width leading to the circle could be reduced. He suggested that a workshop be scheduled to discuss the issue and that the group should include a representative from the Council, Planning Commission, and Parks Commission, the City Planner, the City Engineer, and City staff. Councilmembers Thielen and Carlson volunteered to attend the meeting on behalf of the Council. Mayor Fair stated that staff and commissions can select a representative for the workshop and that the item is to return to Council no later than March 10. City Administrator Rick Wolfsteller reported that the Great River Regional Library IGRRIA has offered to assist the local branch in bringing public access to the internet. The GRRL has set aside funds of $1,800 per computer workstation if the local library provides $1,400 in matching funds toward the estimated $3,200 cost per internet computer. Wolfsteller noted that as part of the 1996 budget, the Council earmarked $29,000 for various improvements at the library. It was proposed that Council authorize the purchase of three internet computers for the library, with the City paying $1,800 per computer for a total of $5,400. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE A CONTRIBUTION OF SIAM PER COMPUTER WORKSTATION FOR THREE. COMPUTER SYSTEMS, TOTALING 85,400, CONTINGENT UPON THE GRRL CONTRIBUTING $4200 FOR TILE WORKSTATIONS. Motion carried unanimously. Page 4 Council Minutes - 2/10/97 Hi -Way Liquor Store Manager Joe Hartman reported that the 1996 financial report showed an all-time high sales of $1.8 million, with a gross profit of $450,000. The operating expenditures were $7,000 lower than 1995, which resulted in a total operating income of $243,000. Hartman also reported that cigar sales have been more aggressive than anticipated and requested that Council consider authorizing the purchase of a larger humidor. The current humidor has not been able to accommodate enough cigars to meet demand. The profit from cigar sales would be used to purchase the proposed humidor. It was the consensus of Council to authorize Hartman to purchase a humidor for cigar storage as proposed. Hartman also reported that Mike Fischbach now holds the position of Clerk/Cashier; however, it was Hartman's view that he has performed beyond his normal duties and should be compensated accordingly. Mayor Fair suggested that Hartman review the job description and return to Council with a recommendation. Consideration of returninr, snow blower purchased for rat load r, Public Works Director John Simola reported that the City purchased a new 150 hp snow blower to be used on the Cat loader in December of 1996. Although the blower ran quite well, problems were experienced with the portion of the blower that directs the snow and the shear pin system that prevents damage to the machine when it encounters ice chunks or foreign objects. Problems with the shear pins were overcome by using stronger materials for the pins; however, after repeated service calls from the equipment supplier, the problems with the snow directional system were never solved. In late January, the directional system became almost inoperable. Simola went on to note that some of the problems being experienced aro design problems that other users of the machine aro also experiencing. The Model WK -800 is a down -sized redesign of the larger MP3D snow blower. The MP31) has existed for quite some time, and its design has been tested mid proven over the years. With only 80 hours on the WK -800 machine, Simola was concerned about the overall life of the machine. Page 5 0 Council Minutes - 2/10/97 Simola discussed the situation with the dealer, MacQueen Equipment, and reported that one option for the City would be to trade up to the larger MP3D Model, which would cost the City an additional $18,396, plus sales tax. The additional payment would be made out of the 1998 budget, and the full purchase price and trade-in would apply to the new larger unit. A second option would be to return the WK -800 blower and pay MacQueen Equipment $100 per hour for rent of the machine and depreciation. Under this option, the City would lose the $5,000 trade-in value of the old snow blower and would still owe MacQueen approximately $3,000. If the blower was used the rest of the winter, the City would likely owe about $12,000, less the trade would leave a balance due of about $7,000. The last option would be to return the machine to MacQueen now and let MacQueen keep the $5,000 trade-in value; however, this would leave the public works department without a blower to use during March. Simola also suggested that if the Council chose to trade up to the MP3D, a few hundred dollars should be added to the $18,396 for a heavy-duty lower auger. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO AUTHORIZE TRADING UP TO THE LARGER SNO GO SNOW BLOWER MODEL, MP3D AT A COST OF $18,396 PLUS SALES TAX, TO BE BUDGETED IN 1908, AND TO AUTHORIZE ADDING A HEAVY- DU'rY (.OWER AUGER. Motion carried unanimously. 1D.T'r-r1r.ffTrMa w rJOT11ITTM. .. 1 11 SO ... K..: a ... . ., ,....: .. Office Manager Karen Doty reported that City staff would like to improve the level of customer service and increase the efficiency of staff at city hall by expanding the hours of the part-time receptionist position. In addition, Council was asked to consider replacing current telephones with a voice and digital telephone communications system, which would include voice mail access and would enable computer integration. PART-TIME RECEPTIONIST Doty reported that in 1994, the City Council authorized hiring a part-time receptionist for city hall. During the past year, it has become increasingly difficult for the remaining clerical staff to take on those duties every afternoon in the absence of the receptionist. After reviewing the current level of clerical support staff, it was determined that an additional five hours should be added to the receptionist position. It was proposed that two part, time employees job -share tho position because it would allow the position to be covered more easily during vacations or absences. Page 6 0 Council Minutes - 2/10/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO AUTHORIZE INCREASING THE HOURS FOR THE RECEPTIONIST POSITION AT CITY HALL AS A JOB -SHARE POSITION. Motion carried unanimously. VOICE MAEUREPLACEMENT OF TELEPHONE SYSTEM Chief Building Official Fred Patch reported that the telephone system purchased in 1989 for city hall is obsolete, as it uses mechanical technology from the early 1980's. Numerous problems have developed with the current phone system, and staff proposed that Council authorize purchase of a digitized system that would include voice mail and would allow development of a computer network. Because staff felt it was important for the City to maintain personal contact with customers, incoming calls would be answered by the receptionist rather than calls being answered directly by a voice mail system. Patch went on to explain that staff has been working with a vendor to define system specifications and was in the process of obtaining at least three proposals. Council was asked to consider approving the purchase of a voice and digital communications system at a cost not to exceed $24,000. Although specific funding was not included in the 1997 budget, it was proposed that the expenditure be taken from the city hall expansion/remodeling reserve budget. Mayor Fair asked if the system could be moved in the event city hall moves in the future, and Patch replied that it could. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO AUTHORIZE THE PURCHASE OF A VOICE AND DIGITAL TELEPHONE COMMUNICATIONS SYSTEM FOR CITY HALL AT A COST NOT TO EXCEED $24,000. Motion carried unanimously. 1 1 { 1 1 1 I 1 1 �, Q.1 Us T -Ma MTW.TQ MM- M t VMMM W.T- - Mayor Bill Fair requested that Council set a quarterly meeting schedule for Council work sessions. Due to the number of evening meetings that aro attended, Fair suggested that the work sessions he held on Saturday mornings. After discussion, the quarterly work sessions were scheduled for the third Saturday of March, June, September, and December. Pago 7 Council Minutes - 2/10/97 The first quarterly work session was scheduled for Saturday, March 15, 1997, from 8 a.m. to 12 p.m., at city hall. 14. Conwid ration of a Ho'gine nnn ellr pronoc 1 for ad i ional services and con gideratLon of approving a shared payment between the HRA and the City. Council was asked to consider a proposal from Hoisington Koegler for additional services to explore the configuration, uses, and financing of a National Guard Training Center/multi-use facility in the core downtown area. The proposal called for the City and the HRA to share the $2,600 cost plus expenses. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE HOISINGTON KOEGLER PROPOSAL FOR ADDITIONAL SERVICES AND TO APPROVE AN EXPENDITURE OF $1,300 PLUS HALF OF THE EXPENSES AS PROPOSED. Motion carried unanimously. 15. Other matters. Councilmember Herbst suggested that the City consider vacating a portion of Locust Street between the fire hall and the proposed mortuary site on 6th Street, which would allow the City to deed a portion of the vacated property to the fire hall site and a portion to the mortuary, which would then allow on -street parking on Walnut Street without a variance. Assistant Administrator O'Neill noted that the variance was approved at a recent Planning Commission meeting and would stand approved unless appealed by a Council member. In addition, a public hearing would need to be scheduled for vacating Locust Street. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO SET A PUBLIC BEARING DATE OF MARCH 10 FOR CONSIDERATION OF VACATING LOCUST STREET. Voting in favor: Bill Fair, Clint Herbst, Brian Stumpf, Bruce Thiclen Abstaining: Roger Carlson. Motion carried. B. Update on NSP tax 1puriglatinn. City Administrator Rick Wolfsteller reported that he received a copy of the proposed legislation by NSP attempting to eliminate taxation of personal property for electric utilities. The proposed legislation would Pago 8 v Council Minutes - 2J10/97 freeze NSP's payment to the City at the 1997 amount, which could be detrimental to Monticello due to the recent $14 million wastewater treatment plant expansion debt. A number of communities such as Red Wing, Becker, Fergus Falls, and Monticello have met and discussed forming a coalition to protect the cities' interests. He noted that Council may be asked in the future for a funding commitment to join the coalition. C. Mayor Bill Fair reported that he received a letter from Al Larson stating that he is resigning from the HRA and EDA. Mayor Fair expressed his gratitude to Al for the time and personal sacrifices made for the community. Councilmember Herbst noted that Al's experience is an asset to the city and suggested that Council ask him to stay one more year due to the number of projects currently in progress. Mayor Fair stated that he will meet with Al and ask him to reconsider his resignation at this time and report back to Council. THERE BEING NO FURTHER BUSINESS, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO ADJOURN THE MEETING. Motion carried unanimously. Karen Doty Office Manager Page 9 (D C Council Agenda - 2/24/97 The City's loan documents with the Public Facilities Authority for our wastewater treatment plant construction project are being prepared. I have received copies of the loan agreement and purchase agreement for the $14.7 million loan that will need the Mayor's signature for further processing. In addition, a resolution needs to be submitted with this loan agreement that simply authorizes the issuance of the note and execution of the loan agreement by the Mayor. Our bond counsel, Mr. Steve Bubul of Kennedy & Graven, has prepared the resolution, which is enclosed. Upon submittal of the loan agreement to the Public Facilities Authority, appropriate signatures will be obtained from the Attorney General's office, and it is then estimated a final closing can be scheduled within a couple of weeks. At that time, the City will be able to request reimbursement of the approximate $1.7 million we have already spent for engineering and design work on the wastewater treatment plant, including reimbursement for the Bohanon Farm land purchase. Adopt the resolution prepared by bond counsel authorizing the issuance of the note and execution of the loan agreement. r- STAFF R .OMMFNDATION; As this is simply a housekeeping matter relating to preparation of final loan documents, I recommend the resolution be adopted and the loan agreements bo signed. D. SUPPORTING DATA; Copy of resolution; Copy of loan agreement. PUBLIC FACILITIES AUTHORITY PROJECT LOAN AGREEMENT AND GENERAL OBLIGATION REVENUE BOND PURCHASE AGREEMENT (WITH BOND PROCEEDS) CDAP-95-0335-R-FY97 THIS PROJECT LOAN AND GENERAL OBLIGATION REVENUE BOND PURCHASE AGREEMENT ('the Agreement'), is made February 6, 1997, between the Minnesota Public Facilities Authority (the "Authority') and the City of Monticello, (the 'Borrower'), 250 East Broadway, PO Box 1147, Monticello, MN 55362. Any amendments to this Agreement shall be in writing and shall be executed by the Borrower by the same officials which signed this Agreement, or their successors. The following sets forth the terns and conditions of the loan: Section 1. The Authority hereby commits, subject to the conditions hereinafter set forth, to lend FOURTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS ($14,700,000) to the Borrower for the purpose of funding the eligible project cost of the wastewater treatment project (the "Project") described as follows: Improvements to wastewater treatment facilities, upgrading and expansion of the wastewater system as identified in the LM application. The term of the loan shall be 20 years, at an interest rate of 4.08% per annum, as set forth In section 3, and Exhibit A. Repayment of the loan by the Borrower to the Authority shall be at such times, and in such amounts as set forth in Exhibit A. The Authority's commitment to lend is subject to the availability of funds, and the Authority reserves the right to reimburse the Borrower for costs incurred prior to the execution of this Agreement by the Borrower over a two year period in eight equal quarterly payments. No finds shall be disbursed by the Authority to the Borrower until such time u the Borrower delivers its General Obligation Revenue Bond to the Authority for the full amount of the loan. The Borrower acknowledges its responsibility to complete the project regardless of the availability of additional loan funds from the Authority. Section 2. The Loan will be disbursed on a cost reimbursement basis, but not In violation of any provisions of applicable federal and state regulations. All Borrower disbursement requests stall be reviewed by the Authority and subject to the approval of the Authority in accordance with Minnesota Rules 7380.0400 to 7380.0480, as amended or supplemented from time to time. The Authority may withhold all or part of the amount requested if the Authority determines the Borrower's disbursement request is not in compliance with program statutes, rules, or terms and conditions of this Agreement. Disbursements shall be nude by the Authority to the Borrower within 30 days of a request tberetbr made by the Borrower in the form, and at the times, determined by the Authority, unless the Authority determines to withhold disbursement In accordance with the provisions of this Agreement. In the event the Borrower notifies the Authority that the entire principal amount specified in Seaton I above is not to be disbursed for Project cost reimbursement, the balance of the amount undlsbursed shall be applied to the principal repaymems on the Loan and payments set forth in Exhibit A will be reamonizsd. Section 3. The principal amount of the Loan will be repaid in the amounts and on the dates set fbnh In the schedule set forth in Exhibit A hereto (notwithstanding the rate of disbursement of the proceeds of the Loan), subject to adjustment as set forth In Seaton 5 below, together with Interest and service Res collectively at the rate of 0% per annum, for the period starting on the date of this Agreement through August 20, 1998, and at the tate of 4.08% for the period starting the day following August 20, 1998, through the date on which no principal remains unpaid, provided, however, that y interest and service fns shall accrue only on the aggregate amount of the Loan disbursed; and provided further that the l� Authority shall be entitled to retain for its own purposes any interest earnings on undisbursed funds and shall not be obligated to credit against any required repayment of principal or payment of interest and service fees any such interest earnings on undisbursed funds. Section 4. The Borrower shall iswe to the Authority its general obligation promissory note (the *Note"). evidencing its obligation to repay the loan. The. Borrower shall attach to this agreement a certified copy of resolutions or other authority by the appropriate governing body or bodies, as shall legally authorize the execution and performance of this agreement and the Note on behalf of the Borrower. For purposes of permitting issuance of the Note, the Authority represents that It is a 'board. Department or agency' of the State of Minnesota within the meaning of Minnesota Statutes, Section 475.60, subd. 2, clause (4), as amended or supplemented from time to time. Section 5. The Borrower shall have the option to prepay the Loan (A) on any February 1 or August I immediately preceding an interest payment date on the Water Pollution Control Revenue Bonds, Series 1996B of the Authority (the 'Bonds') on or after the earliest date on which the Bonds may be prepaid in part at the option of the Authority, upon forty-five days prior notice, prior to such February I or August 1, as the case may be, in whole or in part, and if in pan in 55,000 increments by depositing with the Authority on such February l or August I as the case may be (i) the principal amount to be prepaid together with a premium thereon equal to the redemption premium, if any, payable with respect to the Bonds if such Bonds wen to be optionally redeemed on the immediately succeeding March I or September I, as the can may be, plus (ii) interest and service fees on the principal amount being prepaid to the March 1 or September 1, as the case may be, immediately following the date of the prepayment hereunder, and plus (iii) all fees and expenses of the Authority incurred in connection with such prepayment, Including any required rebate; and (B) at any other time, upon fifteen days prior notice to the Authority in whole or in pan, by depositing with the Authority the (I) money in an amount sufficient, or (ii) obligations issued by, or payment of the principal of and interest on which are fully and unconditionally guaranteed by the United States of America, the principal of and [merest on which, when due. Cvithout reinvestment, will provide an amount sufficient, with any money so deposited, to pay (a) the Loan payments as they become due according to the repayment schedule attached as Exhibit A or, if earlier, on the first date on which the Loan may be prepaid as provided in clause (A) above, plus (b) interest and service fees to the date of prepayment, plus (c) a premium, calculated as in clause (A) above, on the principal amount to be prepaid on the first date on which this Loan may be prepaid, and plus (d) all fees and expenses of the Authority incurred in connection with such payment, including any required rebate; provided that the Authority shall have received an opinion of its bond counsel that the prepayments as provided in this clause (B) will not cause the Interest on the bonds to become includable in gross income for federal tax purposes. Section 6. The Borrower acknowledges that the Authority may apply up to 5 % of any lona repayment to payment of its administrative costs or administrative costa of the Minnesota Pollution Control Agency ('MPGA') and that such applleation dull not Increase the amount of any repayments or extend the period of repayment. Section 7. The Borrower shall not enter Into a sale, lease or transfer of any part of the Project if suds sale. lease or transfer would (1) violate the covenants in tbrth in Section 17, or (11) violate Use conditions under which any capitalisation grams were f umisled by the United States Environmental Protection Agency, or (Iii) otherwise violate any terms or conditions of the Agreement. Section 8. The Borrower shall maintain adequate property Insurance coverage fbr the Project in such amounts with such limits as it determines In good faith to be reasonable or in such amounts and with such limits as may be required by the Authority from time to time. Section 9. The Borrower agrees that it shall complete the Project for which financial assistance has been awarded under his Agreement in acoordance with all applicable MPCA statutes, rules, regulations, reporting requirements, approvals, and certifications governing the design and construction of the Project, and shall operate its wastewater treatment system in compliance with MPCA permit requirements. Upon notification from the MPCA to the Authority that there has been a violation by the Borrower of MPCA statutes, rules, regulations, reporting requirement, approvals, certifications, or permit requirements, as amended or supplemented from time to time; or if the Authority determines that the Borrower is in default with any section of the Agreement, the Authority may exercise any remedies available at law or in equity. Section 10. With respect to the Project, the Borrower agrees to: (a) comply with the provisions of State wage requirements given in Minnesota Statute, Sections 177.41 to 177.44, as amended or supplemented from time to time; and (b) submit a U.S. Environmental Protection Agency Form SF334 to the Authority within 20 days of the end of each calendar quarter, until the project is complete. reporting any prime contracts or subcontracts awarded during the quarter and which were awarded to Minority or Woman Business Enterprises (MBE/WBE); and (c) make a good faith effort to prepare and implement an affirmative action plan for the employment of minority persons, worsen, and disabled and submit the plan to the Commissioner of Human Rights, and (d) comply with Minnesota Statutes, Section 290.9703, as amended or supplemented from time to time. Withholding of Payment to Out -of -State Contractors, for all contracts that exceed, or am expected to exceed $100,000 by either: ) Depositing with the Commissioner of the Minnesota Department of Revenue eight (8%) percent of every payment made to non-resident (of Minnesota) construction contractors; or (2) Receiving a waiver of the requirement from the Commissioner of the Minnesota Department of Revenue. Section 11. For all expenditures of funds made pursuant to this Agreement, the Borrower shall keep financial accounts and records in accordance with generally accepted government accounting principles Including Invoices, contracts, receipts. vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Such accounts and records shall be accessible and available for examination to authorized representatives of. the Authority, the Department of 7h& and Economic Development, the LegWative Auditor, and the State Auditor's Office. Section 12. The Borrower agrees to exert all reasonable effbna to Investigate claims which the Borrower may have against third parties with respect to the coaurunion of the Project and, in appropriate eircumuances, tate whatever action. Including legal action. the Borrower reasonably determiner to be appropriate. Section 13. The Borrower agrees to cooperate with the Authority as necessary to maintain the tax exempt status of the Bonds Issued by the Authority to fund the loan. The Borrower speciflcally agrees: (a) Investments. Any suets fMm time to time held by or under the control of the Borrower which would constitute 'gross proceeds' of Bonds ('Gross Prw:eeds'), as defined in the Internal Revenue Code of 1986. as amended. and the regulations in effect with tespea thereto (the 'Code') shall not be invested at a yield in excess of Use applicable yield on the Bonds. Disbursements of proceeds of the Loan shall not be reinvested by the Borrower. In addition, said Gross Proceeds shall not be Invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investmem would cause the Bonds to be federally guaranteed' within the meaning of Section 149(b) of the Code. (b) Negative Covenant as to Use of Project. The Borrower hereby covenants not to use the proceeds of the Bonds or to use the Project financed with the proceeds of the Bonds or to cause or permit them or any of them to be used, or to enter into any deferred payment arrangements for the cost of such Project, in such a manner to cause the Bonds to be 'private activity bonds' within the meaning of Sections 103 and 141 through 150 of the Code. (c) Tax -Exempt Stam of the Bonds: Rebate. With respect to any Gross ProceeQs, the Borrower shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code and the interest on any Bonds, including without limitation requirements relating to temporary periods for investments. limitations on amoums invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. (d) The Borrower shall comply with such instructions as may be provided from time to time by the Authority with respect to gross proceeds of Bonds. Section 14. The obligations of the Borrower under this Agreement (except the obligations see forth in Sections 13 and 17 hereof) shall terminate when the loan is Polly paid and retired. Section 15. The Borrower may not use federally appropriated Ponds to pay any person for influencing or attempting to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any federal contract, the making of a federal grant, the making of a federal loan, the entering into of any cooperative agreement or the extension, continuation, mnewal, amendment or modification of any federal contract, gram, loan or cooperative agreemem. If the Borrower uses non-federal funds to conduct any of the aforementioned activities, the Borrows must complete and submit Standard Form LLL, 'Disclosure Form to Report Lobbying.' The Borrower shall provide to the Authority a certification to this effect at the time it signs this agreement, unless such certification was provided at the time that It submitted its application, and shall forward disclosure forms to the Authority at the time it executes or receives such forms. Further. the Borrower must Include the language of this provision in all contracts and subcontracts exceeding S 100,000 and all such contractors and subcontractors must comply accordingly. Section 16. (a) The Borrower shall provide the Authority with acceptable independent annual audits for the term of the loan. All audits must be submitted within 30 days after the completion of the audit but no later than one year after the end of the audit period. (b) The Borrower shall Iist the general obilllation promissory note issued by the Borrower to the Authority to effect this loan under General Obligation Debt of the Borrower In Its official records and staternems. The Borrower specifically agrees that the general obligation promissory note Issued to the Authority shall be listed under General Obligation Debt of the Borrower In hs annual audits for the term of the Authority loan. (c) At to request of the Authority, the Borrower will certify and represent that such Information in such official statements does not contain any untrue statements of a material fact or omit to state a material fart necessary to make such Information. In light of the cimunstameo under which It was given. not misleading; provided. however. that In no event shall the Borrower be required to make any representation about any other inibrma ion in such official statements or as to any such official mammems in their emirety. If for any reason the Borrower daermines that it shall not be able 5A D to make such certification and representation, it will provide such information as is necesnry for inclusion in such official statements so as to enable it to make such certification and representation. (d) If at any time during the period ending 90 days after the date of an Authority official statement any event occurs which the Borrower believes would cause the information in such official statement to omit a material fact or make the statements therein misleading, the Borrower shall promptly notify the Authority in writing of such information and consent to its inclusion in the official statement. an amendment thereof or a supplement thereto. At the request of the Authority, the Borrower will also provide the certification and representation required in (c) above with respect to such official statement as then amended or supplemented. (e) The Borrower will furnish such information, execute such instruments and take such other anion in cooperation with the underwriters of the Authority's bonds as such underwriters may from time to time reasonably request in order (i) to qualify, and maintain the qualification of, any such bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as such underwriters may designate, and (ii) to determine the eligibility of such bonds for investment under the laws of such states and other jurisdictions. (f) The Borrower will provide such information as may be reasonably requested by any rating agency in connection with rating the bonds of the Authority. (g) If the Authority, in its sole discretion, determines, at any time prior to the termination of the Loan Term, that the Borrower is a material 'obligated person% as the term 'obligated person' is defined in Rule I5c2-12 promulgated pursuant to the Securities Exchange Act of 1934, as amended or supplemented, including any successor regulation or statute thereto ('Rule I5c2-12'), with materiality being determined by the Authority pursuant to criteria established, from time to time, by the Authority in its sole discretion and set forth in a resolution of official statement of the Authority, the Borrower hereby covenants that it will authorize and provide to the Authority, for inclusion in any reliminary official statement or official statement of the Authority, all statements and information relating to the Borrower deemed material by the Authority for the purpose of satisfying Rule I5c2-12 as well as Rule IOb-S promulgated pursuant to the Securities Exchange Act of 1934. as amended or supplemented, including any successor regulation or statute thereto ('Rule IOb-3'), Including certificates and written representations of the Borrower evidencing its compliance with Rule I5c2-12 and Rule I0b-3: and the Borrower hereby further covenants that the Borrower shall execute and deliver a continuing disclosure agreement, in the form as the Authority shall determine to be necessary, desirable or convenient, In Its sole discretion, for the purpose of satisfying Rule ISc2.12, and pursuant to the terms and provisions of such continuing disclosure agreement, the Borrower shall thereafter provide ongoing disclosure with respect to all annual and event I nfbrmation and financial statements relating to the Borrower required by Rule 15c- 12 and pursuant to the terms of such continuing disclosure agreenem. Section 17. In order to comply with Minnesota Statutes Section 16A.693, as amended or supplemented from time to time, and the order of the Commissioner of Fivatre (the 'Commissioner") of the Department of Finance of the Sue of Minnesota (the 'Order') promulgated In comnealon with Section 16A.693 on July 14. 1994, if this loan is funded with State match proceeds derived from Sate General Obligation Bonds, the Borrower agrees that: (1) any lease or managemem contract entered Imo by the Borrower within respect to property coattltuting W or a part of the project shall be for the express purpose of carrying out of a governmental program established or authorized by law and established by official action of the Borrower and the Borrower shall obtain the prior written consent of the Commissioner: (11) any such lease or management contract, including any renewals that aro solely at the option of the I essee or manager, must be for a term substantially less than the useful life of the property subject to such lease or maragemem conn, but may allow renewal beyond that term upon determination by the Borrower that the use continua to tarty out the governmental program, (iii) any such lease or management comma will be terminable by the 6,1W Borrower if the other contracting party de6ults under the contract, or if the governmental program is terminated or C:hanged; and will provide for pmg= oversight by the Borrower (iv) the Borrower will not sell any pToPerty constituting all or a part of the Project unless the Borrower determines by official action that such property is no longer usable or needed by the Borrower to carry out the govemmental program for which it was acquired or constructed; and (v) any such sale must be made as authorized by law for fair market value as defined in Section 16A.695 and the Borrower shall obtain the prior written azmem of the Commissioner. CONTRACT/ 17PMONTt.CON SA -F The Authority and the Borrower acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. Statutory Cities must execute this Agreement as provided in Minnesota Statute 412.201, Cs amended at supplemented. Home Rule Charter Cities must execute this Agreement as provided in Minnesota Statute, Chapter 410, as amended or supplemented. BORQOWERR, We have read and we agree to all of the above provisions of this agteFment. BY The HawrO to wmtam Fab Tide Major_ Ciry of Meeticelln Date By STATE OF MDOW—SOTA by and through the Public Facilities Authority, Department of Trade and Economic Development By9-114c./�' Tule Date Ren waradudr FRED- Title QW Administrator Department of Trade and Economic Development By Date APPROVED AS TO FORM AND . -CtMON: Attorney General's Office BY Title I CONTRACT/ I IPMONTI.Com 7 Date Encumbered [Individual signing certifies that Hinds have been encumbered as required by Minnesota Statute 16A.� SVFG Monticello, City of Find Source Reference Amount Much Laws 94 M6 3,425,478.04 CDAP-95-0335-R-FY97 1995A 6L 72,901.42 Loan Date: 19968 8L 7,058,512.75 Op Res Cep 4,143,107.79 Rate: 4.080% Accrual: 08/20/98 Total Loan: 14.700.000.00 Dace Effective Disbursement ref Repayment Interest Due Principal End Balance i projected 08/20198 14,700,000.00 - - 14,700,000.00880.0 02/20199 541,146.34 299,0 24taM.34 14,458,733.66 08/2099 541,14634 294,958.17 246,188.17 14,212.545.49 02/20/2000 541,146.34 289,935.93 251,210.41 13,%1,335.08 0820/2000 541,146.34 284,811.24 256.335.10 13,704,999.98 02/20/2001 541,14634 279,582.00 261,564.34 13.443,435.64 08202001 541,146.34 274,246.09 266,900.25 13,176,535.39 02202002 541,146.34 268,801.32 272,345.02 12,904,190.37 08202002 541,146.34 263,245.48 277,900.86 12,626—)89.51 0220/2003 541,146.34 257,576.31 283,570.03 12,342,719.48 08202003 541,146.34 251,791.48 299,354.962,053,364.62 02202 004 0212012004 541,146.34 245,888.64 ,25 2957.70 11,758,106.92 0820/2004 541,146.34 239,865.38 301,280.% 11,456,825.96, 02202005 541,146.34 233,719.25 307,427.09 11,149,398.871 08202005 541,146.34 227,447.74 313,698.60 10,835,700.271 02202006 541,146.34 221,048.29 320,098.05 10,515,602.22 08202006 541,146.34 214,518.29 326,628.05 10,181,974.171 02/202007 541,146.34 '207,855.07 333,291.27 9,855,682.901 08202007 541,146.34 201,055.93 340,090.41 9,515,592.49 02202008 541,146.34 194,118.09 347,028.25 9,168,564,241 08202008 541,146.34 187,038.71 354,107.63 8,814,456.61 02202009 541,146.34 179,814.91 361.331.43 8.453,125.18 08202009 541,146.34 172,443.75 368,702.59 8,084,422.59 02202010 541,146.34 164,922.22 376,224.12 7,708,198.47 08202010 541,146.34 157,247,25 383,899.09 7,324,299.38' 0220/2011 541,146.34 149,415.71 391,730.63 6,932,568.75 0820/2011 541,146.34 141,424.40 399,721.94 6,532.8-f6.8I 02202012 541,146.34 133,270.07 407,876.27 6,124,970.54 08202012 541,146.34 124,949.40 416,196.94 3,708,773.601 02202013 541,146.34 116,451.98 424,68736 5,284,086.24 08202013 541,146.34 107,795.36 433,350.98 4,850,735.26 02/202014 541,146.34 98,955.00 442,191.34 4,408,543.92 0820/2014 541,146.34 89,934.30 451,212.04 3,957331.88 02120/2015 541,146.34 80,729.57 460,416.77 3,496,913.11 0820/2015 541,146.34 71,337.07 469,109.27 3,027,105.84 02202016 541,146.34 61,752.96 419,393.38 2,547,712.46 0/202016 341,146.34 51,973.33 489,173.01 2,051,539.43 02202017 541,146.34 41,994.20 499,152.14 1,359,387.31 01202017 541,146.34 31,811.30 509.334.14 1,050,052.47 02202018 541,146.34 21,421.07 519,725.27 $30.327.20 08202018 541,145.87 10,811,67 530.327.20 0.001 14.700.000,00 21.645.853.13 6.945.853.13 14.700.000.00 Fitcal SerWces 01/29197 SAID MONTICEL.WK4 PROJECT CERTIFICATION FOR WATER POLLUTION CONTROL REVOLVING FUND PROGRAM SECTION 1- PROJECT INFORMATION Name and Address of Applicant: City of Monticello City Hall, 250 East Broadway P.O. Box 1147 Monticello, Minnesota 55362-9245 MPCA Project Number: 270855-04 Authorized Representative: Mayor Bradly Fyle Consulting Engineer. Robert Peplin, HDR SECTION 11- PROJECT DESCRIPTION • AU project components, as described in the plans and specifications approval letter dated September 20, 19%, arc eligible for loan funding. C SECTION Ill - ESSENTIAL PROJECT COMPONENTS The Essential Project Components percentage is 69 percent, based on calculations from the Loan Rules (Minn. R. 7077.0276). SECTION IV - CERTIFICATION The Minnesota Pollution Control Agency hereby certifies that the loan application for the project described above meets the applicable criteria set forth in the Federal Water Pollution Control Act, Mina Stat. ch. 446A, and Minn. R. ch. 7077. �A.�w4 f93�fi XJ. Zvk SRF Program Coordinator : Date Minnesota Pollution Control Agency TOP&CL/M9Wt LOAN INTEREST RATE CALCULATION City of: Monticelln Interest Rate netermination for rKpl nates APA ion Rulps 7190 0440 Factora of Part A Applicant Data 1. Population 4914 (1990 census) 2. Median Household Income 222.u1 3. Number of Households _177 " 4. Percentage of Poverty Level 11, Households Part B InrArpat RatA 0a1C+lation 1. Quarterly Set Rate 4.Sa QiscoLnt Factors 2. Population _5Q 3. Median Household Income 4. Poverty Level S. Total Discount �Q 6. Tentative Int. Rate 4.oa f (line 1 minus line 5) 7. Sewer Service' Charge as t of MHI (see part C, line 8 column 1) S. Final Interest Rate a_oa t (line 6 minus line 7) Part C TF1iTATIVR RATE FINAL RATE 1. Estimated Loan Amount 514.700.000 $ 2. Int Rates (part B, line 6 4_oa t t & line a respectively) 3. Annual Debt Service 5 1.092.300 $ 4. Estimated O, M, 6 R Costs A 511.700 c 5. Est. Total Charges (3.4) a 1.596.000 g 6. Less Non-residential Share t a29.900 4 52% 7. Estimated Total Charges Per Household (annually/monthly)S231 / 19.30 (Based on 1111avg. users SA,r c A S. Charges as t of MHI - If 1t or more, Insert 50 basis pts.,1 1/2t 100 pts., .let t 2t 150 pts. In line Part B, line 7, And complete Part C, Column 2 s#4K FEB 21 197 1309 KD EDY a GF4WEN P.3 Extract of Minora of Meeting of the City Council of the (Sty of Monticello, Wright County, Minnesota Pursuant to due call and notice thereof; a regular mating of the City Council of the City of Monticello, Minnesota, was duly held in the City Hall in said City on Monday. February 24, 1997, commencing at _ P.M. The following members were present: and the following were absent ... H• 0*0 The following resolution was primo by Coumcilmember who moved its adoption: RESOLUTION N0. A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR 514,700,000 GENERAL OBLIGATION WASTEWATER TREATAgNT NOTE, SERIES 1997. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO. WRI'DHT COUNTY, MINNESOTA OHE'1SSUERJ AS FOLLOWS: Section 1. $e 1.01. The Minnesota Public Facilities Authority (rhe 'PFA7 is autWdzed pmanam to Mimnesou Statures, Chapter 446A. as amendedto issue its bonds (dw `PFA Bosch') and to use the p, oceeds there4 together with certain other Nods of the agency available for such purpose. to provide loans to political subdivisions of aha state to find eligible nom of mon of pubU- y owned wastewater treatment facilities in aoordonce with Title VI of the Clean Water Act (the "Program"). saiiaiss mile •6e FEB 21 '97 1309 KENNEDY & GRRVEt1 P.4 1.02. The Issuer is authorized to issue its obligations puaaumt to NGlmnota S, nes, Sections 11 S.46 and Chapter 47S (the -Act'), for the purpose of financing improvements to the Issuer's wastewater treatment system (the "Project") 1.03. The Issuer has applied for a loan from the PFA pursuant to the Program, and the PFA has offered to make a loan to the lssua in the principal amoumt of $14,700,000, to be disbursed and repaid in accordance with the terms of a Project Lam Agreement (the "Project Loan Agreement) dated as of February _, 1997 to be executed by the Issuer and the PFA, in substantially the form now on file with the City Adminisnator/Fimnce Director. The Project Loan Agreement, as executed, is incorporated herein by reference as Exhibit A 1.04. In accordance with Section 475.60 of the Act, the Issuer is authorized to issue and sell its obligations to a board, department or agency of the State of Nhanetom by negotiation and without advertisement for bids. The PFA has represented to the Issuer that it is a board, department or agency of the State of Nfu nesots. Section 2. Sale: Tetras of Note. 2.01. The offer of the PFA to purchase a General Obligation Wastewater Treatment Note, Series 1997 of the Issuer (the "Note-) in accordance with the tarns set forth in this resolution at a price of par plus accrued interest to the dam of delivery is accepted. 2.02. The Note is to be issued iiu tbs aggregate principal amount .of 514,700,000, originally and nominally dated as of date ofddivery as a A* registered Notewithout coupons. The Note will be in the denomination of the entire principal amount thereof, numbered R-1 and i bear interest and nam in installment amounts as specified in Section 3.01 hereof 2.03. The Note is subject to redemption and prior payment as provided in the Project Loan Agreement. 2.04. Imerest and principal in the inmilment amounts at out in Exhibit A to the Note are payable by wire hander or by cbeck or draft of the lacer or its designated Registrar mailed no later then the tau business day prior to the payment dace to the registered holder thereof at the holder's address as it appears on the bond register at the close of business on the 15th day (whether at not a business day) of the calendar month next preceding the interest payment date. '! yry 1' :s. V, M. 3.01. The Now is to be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WRIOHT CITY OF MONTICELLO Mil 193 raao•ao 514M No. WI $14,700,000 GENERAL OBLIGATION WASTEWATER TREATMENT NOTE. SERIES 1997 The City of Monticello, a municipal corporation in Wright County, Minnesota (the "Issuer"), for value received, hereby certifies that it is indebted and hereby promises to pay to the Miraesota Public Facilities Authority (the 'PFA*) or registered assigns the principal sum of $14,700,000 in the amounts and on the principal payment dates specified in Exhibit A attached hereto and incorporated by reference, and to pay to the registered owner hereof interest so much of the unpaid principal amount of this Note as may be disbursed from tithe to time as provided in a Project Loren Agreement between the Issuer and the PFA dated as of February _, 1997 (the "Agreement"), at the interest rate of 0% through August 20. 1998 and at the raw of 4.08% for the period starting on August 21, 1998 (calculated on the basis of a 30 -day month and 360 -day year), until the unpaid balance of the principal sum is paid. Interest is payable with respect to each principal disbursement firom the date on which each principal disbursement is made, and is payable on each February 20 and August 20 commencing February 20, 1999 or such other date as may be required under the Agreement Principal, interest and the redemption price aro payable in lawful money of the United States of America, by check or draft of the City Administrator/Finance Director as Registrar, Transfer Agent, Authenticating Agent, and Paying Agent (or such other agent as may be designated by the Issuer) (the "RegisOW) mailed the last business day prior to the interest payment date to the person in whose name this Nota is registered at the close of business on the yrecediog January S and August S (whether or not a business day) at that person's address set forth on the Note register maintained by the Registrar. Any such interest not punctually paid or provided for will be paid to the person in whose name this Note is registered at the close of business on a special record date established by the Regimes for the payment of such debAted interest. The principal installment • of this Note are to be paid in the amounts scheduled on Attachment A evea if at the time of payment the full principal Amount of this Note has not been disbursed; provided that if the full principal Amount of the Now is naves disbursed, the amotmt of the principal not disbursed is applied to the principal repayment on the loan and the loan payments will be reamortized. Principal and any redemption price due tinder this Note are payable in lawful money of the united State.+ of America and will be paid on each payment date by wire payment, or by check or draft mailed on the last business day prior to the psym at data to the person in whose name this Note L registered. This Note is subject to redemption, is whole or in part on mcb dates and at such prices and upon such other terms as are specified in the Agreement This Now is issued for the purpose of finaacing t..,,,, ...,.., to the Issuer's wwap disposal system ordered by the Minoeson Pollution Control Agency pursuant to at Whmiaing resolution adopted by the City Council of the Issues on February 23. 1997 ('Resolution"). and finW1091 1190.60 5�� FEB 21 pursuant to and in Hill canfa®ity with the Constitution and laws of the State of Minnesota, (� including Nlinnesm Statutes, Section 115.46 and Chapter 475. I This Note is payable from the General Obligation Wastewater Treatment Note. Series 1997 Pund of the Issuer (the 'Note Fuad") established by the Resolution to which reference is i made for a full description of the rights hereby conferred on the owner of this Now and those revenues pledged to its payment AU -:able property within the Issuer's jurisdiction is subject to the levy of ad valorem taxes without limitation as to rate or amotmt in the event of any deficiency m net sewer system revenues or taxes pledged for payment of principal of and interest on the Note. The issuance of this Note does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation thereon. As provided in the Resolution. and subject to certain limitations set forth therein. this Note is transferable upon the books of the Issuer kept for that puww at the pn=pW office of the Reesaar. by the registered owner hereof in person or by such owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or such owner's duly authorized attorney. Upon such transfer and the payment of any tax. fee or govemmeaml charge required to be paid by the Issuer or the Registrar with respect to such transfer, there will be issued in the name of the transferee a new Note of the same aggregate principal amount as the surrendered Note. The Note is issuable only as a fully registered note without coupons in the denomination of the emu outstanding principal. The ownership of the Note is ongamlly registered in the name of the PFA. It is hereby certified and recited that all octs, conditions and things required by the Cona:itution and laws of the State of Minnesota to be done. to eedsu to happen and to be performed in order to make this Note a valid and binding general obligation of the Itsuar according to its terms, have been done. do exiar, have happeted and have been performed in due form, time and mamma as so requited. IN WITNESS WHEREOF, the City of Mon*4110, Wright County, Minneso% has caused this Note to be executed with the manual dpatures of its Mayor and City Administrator/Finanee Director. both as of the nominal date of origins) issue specified above. THE CITY OF MONTICELLO. MINNESOTA By By maw City Adtakdstrator/Fiemee Director SW D REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered on the books of the City of Monticello, Wright County, Iv1mnesota, in the name of the person last listed below. Signature of City Date of Rcit+m*^^n Rtitimmd Owner Administrator/Finance Director '1997 Minnesota Public Facilities Authority Federal Employee I.D. No. 41-6007162 3.02. (a) As long as the Note issued hereunder remains outstanding, the Issues will cum to be kept at the principal office of the Registrar the Note register in which, subject to such reasonable regulations as the Registrar may proscribe, the Registrar will provide for the initial registration of the Note and the registration of transfers of the Note. The City Admuustrator/Finance Director is hereby appointed Regimar, Transfer Agent. Authenticating Agent. and Paying Agent with respect to the Note. (b) Upon surrender for trander of the Note with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tan, fa or other governmental charge required to be paid with respect to such transfer, the Issuer will execute and the Registrar will a thenticaie and deliver, in the name of the desagaated traosfaee, a My registered Note of the authorized denomination and of a like aggregate principal amount, interest rate and maturity. In all cases in which the privilege of transferring a fully registered Note is exercised, the Issuer will exeeuue sod the Registrar will deliver the Note in accordance with the provisions of this Resolution. For every such exchange or traasfa of the Note, whether temporary or definitive, the Issuer or the Registrar may make a charge swfiicient to reimburse it for any tax, fee or other governmental charge required to be paid with rasped to such exchange or traada, which nun or scams will be paid by the person requesting mrh exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Note upon each exchange or transfer, and any other exp am of the Issuer or the Registrar incurred in connection dwtwhh (except any applicable tax, fee or other gover suncrual charge) will be paid by the Issuer. The issuer is not obligated to make any such exchange or transfer of the Note daft the IS days arta preceding the date of the fust publication of notice of redemption in the case of a proposed redemption of the Now. The Issuer and the Regimes aro not required to make any transfer or exchange of any portion of the Note called for redemption. waivaa waro•ro 3.03. Interest on the Note that is payable, and is punctually paid or duly provided for, on any interest payment date is to be paid to the person in whose name the Note is registered at the close of business on the preceding February 5 and August 5, as the ease may be. Any interest on the Now that is payable, but is not punctually paid or payment thereof duty provided for on any interest payment date will forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder, and such defaulted interest may be paid by the Issuer to the person in whose name such Note is registered at the close of business on a special record date established by the Registrar for the payment of such defaulted interest Subject to the foregoing provisions of this paragraph, each Note delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Note will carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note and each such Note will bear interest fi;om such date so that neither gain nor loss in interest will result from such transfer. exchange or substitution. 3.04. As to the Now, the I-- and the Registrar and their respective anecessora, each in its discretion, may deem and treat the person in whose name the same for the time being is registered as the absolute owner thereof for all purposes and neither the Issuer nor the Registrar nor their respective successors will be affected by any notice to the Contrary. Payment of or an account of the principal of the Note will be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. AD such payments will be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. 3.05. (a) If (1) a mutilated Note is surrendered to the Registrar, and the Issuer and the Regnnra receive evidence to their saddacuan of the destruction, loss or theftof the Note. and (ii) there is delivered to the Issuer.and the Registrar such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Registrar that the Note has been acquired by a bona fide purchaser, the hater will memo. and upon its request the Registrar will authenticate (if facsimile signatures are used) and deliver, in exchange for or in lieu of any Itch mutilated, destroyed, lost. or stolen Note a new Note of Blue tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, loa4 or stolen Note has beeoma or is about to become due and payable, the Issuer in hs discretion may, instead of issuing a now note, pay the Note. (b) Upon the issuance of a new tote uda this subsectiaa4 the Issuer may require the payment of a sum sufficient to cover any tax or other governmental chap that may be imposed in relation thereto. Every new tote issue pursuant to this subsection in Hou of any destroyed, lost, or stolen note will constitute an original additional contractual obligation of the Issuer, whether or not the destroyed. los% or stolen Note will be at any time enforceable by anyone, and is entitled to all the benefits of this Resolution. (c) The provisions of this Section am exclusive and preclude (to the extent lawlW) all other rights and remedies with respect to the replacement or payment of mutilated. destroyed. lost, or stolen Notes. Masi? n IMID-6 i FEB 21 Section 4. Exmnion and Delivery. 4.01. The Note is to be exemacd by the respective facsimile or manual signatures of the Mayor and the City Admimstator/F == Director as set forth in the form of Note. The scal of the Issues will be omitted from the Note as permitted by law. The approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, as bond counsel, is to be printed on the Note if requested by the PFA. When the Note has been duly executed and, if facsimile watura are used, authmuctacd m accordance with this Resolution, it is to be delivered to the PFA upon payment of the purchase price and the PFA is not bound to see to the application of the purchase money. If facsimile signatures ere used, the Note is not valid for any purpose until authenticated by the Registrar. 4.02. Unless litigation has commenced and is pending questioning the Note, revenues pledged for payments of the Note or the organintion of the Issuer or incumbency of its offices, the Mayor and the City Administrator/Fimnce Director are to execute and deliver to the PFA at the closing a suitable certificate as to absence of material litigation, a certificate as to payment for and delivery of the Note. the signed approving legal opinion of Kennedy & Graver; Chartered as to the validity and enforceability of the Note, and the arbitrage certificate referred to below. 4.03. The Mayor and the City Adminiwator/Fiaance Directa are authorised to execute the Project Loan Agreement on behalf of the Issuer and that their action in executing the Project Loan Agreement is ratified and confirmed. Section S. Note Fund and Account. Angrooriations, Pledge. 5.01. Them is hereby created a special fund of the Issuer designated "General Obligation Wastvwatcr Treatmrnt Note, Series 1997 Fund" (the "Note Fund") held and administered by the City Adminisorater/Fitmacc Director separate and apart from all other funds of the Issuer. The Note Fund will be maintained in the meant specified until the Note, any refunding bonds Issued to refund the Note, and any other general obligation bonds hereafter issued and made payable from the Note Funk and the Interest thereon, hive been fully paid. In the Note Fund there will be maintained two separate accounts, to be designated as the "Capital Account" and the "Debt Service Account", respectively: (a) Capital Account. The proceeds from the sale of the Note aro to be credited to the Capital Account &am which them will be paid all cost and expenses of the Project. including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred, of the kind authorized in Minnesota Statutes. Sectlow 475.65 and 115.46, provided that all disbursements must be in accordance with the Project Loan Agreement (b) Debt Service Account. Them is hereby pledged and there will be credited to the Debt Service Account (1) gross revenues moeived by the Issuer from the operation of the sewer plant and system, less reasonable ad current cow of opauing Lod maintaining the Prgjeet (ii) all finds remaining in the Capital Account after completion of the Project and payment of the anpi1iw an".60 5fte G'1 costs of the Project. (iii) any collections of general ad valorem taxes hereatbur levied for the payment of the Note; (iv) all investment earnings on moneys held in the Debt Service Account; and (v) any other moneys which are properly available and are appropriated by the City Council of the lama to the Debt Service Account Interest on amounts in the Capital Account and Debt Service Account are to be credited to the Debt Service Account The Debt Service Account herein created may be used solely to pay principal of. premium, if any, and interest on the Note and any other general obligation bonds hereafter issued and made payable from the Debt Service Account as provided by law. I 5.02. The Issuer covenants and agrees with the holders of the Note that so long as the Note remains outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The Issuer will continue to maintain and efficiently operate the sewer plant and system as public utilities and conveniences fine from competition of other like utilities to the extent permitted by law and will cause all revenues therefrom to be deposited in bank ae;eoumts and credited to the sewer system accounts provided. and will make no expenditures from those accounts except for a duty authorized purpose and in accordance with this resolution. (b) The Issuer will also maintain the Debt Service Account as a separate account and will cause money to be credited thereto from time to time, out of an revenues from the sewer plant and system together with taxes levied hereunder in sums sufficient to pay principal of and interest on the Note when due. (c) Tho Isomer will keep and maintain proper and adequate books of records and accounts separate from all odes records of the Issuer in which will be complete and correct entries as to all transactions relating to the sewer plant and system and which will be open to inspection and copying by any holder of the Note, or the holder's agent or attorney. at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be Runished to the PFA upon request (d) The Issuer will cause persons handling revenues of the sewer plant and system to be bonded in reasonable amounts for the protection of the Inver and the PFA and will cause the finds collected on account of the operations of the sewer plant and system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The law will keep the sewer plant and system insured at all titres against loss by fire, tornado and other risks customarily insured against with an insutsr or insurers in good gtanding, in such amounts as are customary for W plants to protea the holds», flrom time to time, of the Now and the Issuer from any loss due to any such casualty and will apply the proceeds of such insuram to make good any such loss. (f) The Issuer sod each and all of its officers will ptmcttully perform all duties with refmoce to the sewer plant and system as required by law. anoo a �FT waio•ao J M. (g) The Issuer r will impose and collect charges of the name authorized by IMaoiesota Statutes, Section 113.46 at the times and in the amounts required to produce together with taxes designated as a source of payment of the Note, net revenues adequate to pay all Primal and interest when due on the Note. (h) The full faith, credit and taxing powers of the Issuer will be, and are hereby. ' irrevocably Pledged for the prompt and fish payment of the principal and interest on the Note as the same respectively become due. If the net revenues of the sewer Plant and system appropriated and pledged to the payment of principal and interest an the Note, together with other Heads irrevocably appropriated to the Debt Service Account referred to in Section 5.01(b) of this resolution, are at any time insufficient to pay such principal and interest when due, the Issuer covenants and agrees to levy, without limitation as to rate or amour an ad valorem tax upon all taxable poperty of the Issuer sufficient to pay such principal and interest as the same become due. If the balance in the Debt Service Account is ever insufficient to pay all principal and i interest then due on the Note, the deficiency will be promptly paid out of any other flmds of the Issuer which are available for such purpose, and such other Rinds may be reimbursed, with or without interest. from the Debt Service Account when a suffident balaoax is available therein. 5.03. In accordance with Mnnm to Statutes, Section 115.46, for the Purpose of paying the principal of and interest on the Note, there is levied a direct arcual itrepealable ad valorem tax (Tmw) upon all of the taxable property m the City, which will be spread upon the tax rolls and collected with and as part of other general mxes of the City. The taotas will be credited to the Dcbt Semee Account above provided and will be in the years and amo mts as follows (year stated being year of levy for collection the following year): YM LM (See Exhibit B) 5.04. It is hereby determined that the estimated collections of net sewer system revenues and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet when der: the principal and interest payments on the Bonds. Tho tax levy herew provided is irrepealeble until all of the Bonds aro paid. provided that at the time the City maks its emmsal tax levies the City AdmWstraw/Finance Director may certify to the County Auditor of Wright County the amount available in the Debt Service Account to pay Principal and interest due during the eastung year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. Section 6. Mid 6.01. The City Administratoffinsoce Director Is hereby awhorlmd and directed to certify a copy of this Resolution sad to cause the creme to be filed in the office of the Wright County Auditor. together with such other information as such auditor may require, and to obtain from the County Auditor. certificates that the Note has been entered upon the Nota register. C 6.02. The officers of the Issuer ave wthorirsd and dirtied to Prepare and fltrnish to rho PFA and to the attorneys approving the Note, azdfied copies of all proceedings and records of s smog -so FEB 21 '97 13:15 KU44 DY & GRAVEN the issuer relating to the power nerd authority of the Issuer to ism the Note within their knowledge or as shown by the books and records in their custody and control, and such certified copies and certificates may be domed representations of the Issuer as to the facts stated therein 6.03. Notwithstanding the taxable scam of the Note, the Issuer covenants and agrees with j the PFA and boldas of the Note that the invesmments of proceeds of the Note, including the invesuncut of any mrenues Pledged to the Note which are considered grow proceeds of any PFA Bonds under applicable regulmns and aonzanleted sinking erods, if any, will be limited as to amm— and yield in such meaner that the PFA Banda will not be arbitrage bands within tate i -caning of Section 149 of the Internal Revenue Code of 1986, as emanded (the 'Code', and any regulations ftmumder. On the basis of the existing facts. estimates and cirau eq, including the foregoi-g 5ndh and covenants, the Issuer hereby certifies that it is not expected that the i proceeds of the Note will be used in such manna as to cause any PFA Bonds to be arbitrage bonds uoda.Section 149 of the Code and any regulations thereunder. The Mayor and City AdmintatramodFi-aooe Director will Amish as arbitrage arWicate to the PFA or based an the foregoing certification as of the time of delivery of the Note to the PFA. The low will i also comply with Section 13(c) of the Project Loan Agreement relating to rebate of arbitrage profits, if any. LSI C Adopted this 24th day of February, 1997. A/ Rich Wol&Acy City Aft Wa atedFinance Director angio IN" do /s/ William Fair Mayor. FEB 21 '97 13:15 KEMM & G%IVEN The motion for the adoption of the foregoing resohnion was duly seconded by Councilmember , and upon vote being taken thereon the following member voted in f m of the motion: and the Mowing voted against: whnreupoathe reschuion was declared duly paved ad adopted. uaaun wit"O ;Ad 197 13:15 KENNEDY 8 GRAVEN EXHMIT A TO SALE RESOLUTION PROJECT LOAN AGREEMENT .�.3 sA tj am& 1. c FEB 21 '97 13:16 KENNEDY 8 GRAVEN uaau02 wi ton 0 xm 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 EXHIBIT B Le - 241,266.34 497.398.58 517,899.44 539,245.27 561,470.89 584,612.56 608,708.05 633,796.65 659,919.32 687, l 18.66 715,439.06 744,926.71 775,629.72 807,598.21 840,884.30 875,542.32 911,628.81 949,202.65 988,325.15 1,029,060.11 530,327.20 >�x FEB 21 197 13:16 KENNEDY 8 GRAVEN P.16 I STATE OF MINNESOTA ) COUNTY OF MONTICELLO ) ) CITY OF GLENCOE ) 1. the undersigned, being the duly qualified and acting City Administrator/Finance Director of the Ci tyof Monticello. Wright County, Minnesota, do hereby certify that 1 have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Monday, February 24, 1997 with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the io,aMr and sale of $14,700,000 General Obligation Wastewater Treatment Note, Series 1997 of the Issuer. WITNESS My hand as such City Administrator/Clerk-Treasurer and the corporate seal of the Issuer this _ day of 1997. (SEAL) I uuaoiaa rnto-io City Administrator/Finance Director City of Monticello, Minnesota 54y r Council Agenda - 2/24/97 513. Consideration oir waiving statutory linhilify limits for City inmlmi We are currently in the process of renewing our annual liability insurance coverage that will again provide for an additional $1,000,000 in excess liability coverage over the required $600,000 minimum. By State Statute, the City is not liable for any tort liability claim in excess of $600,000 damages; however, because the City has purchased an excess liability coverage policy in the past, the City has the option of waiving our rights under Statute 466, which would allow someone to seek damages from the City in excess of the $600,000 limit up to $1.6 million provided by our excess liability coverage. Although we have typically purchased the excess $1,000,000 coverage, we have done so to ensure that in a major catastrophe where the City was liable, sufficient funds would be available to pay any and all claims. Even though we are not responsible for any tort liability claim of more than $600,000, the City Council has to formally decide whether or not we want to waive our limits established by State Statute. Since a formal Council action is necessary before the application can be renewed, the Council should formally indicate that it darn not want to waive its monetary limits established by Statute. This will allow us to retain our rights under the $600,000 limit, but we would always have excess liability coverage available if it was ever needed. Council should formally indicate that the City of Monticello does not waive the monetary limits on tort liability established by Minn so A Statute 466.04. Copy of liability insurance application form. LEAGUE OF M 9efESOTA CrM D ISURANCE TRUST LMCIT EXCESS LiABEIM COVERAGE Cities obutotcg excess coverage Som dee Lague of Minnesota Cities Insurance Trust must decide whedw or not to valve the statutory liability limb to me ttalmt of die ween coverage purchased. M dadtfon trusts be made by the city mmeil. CITES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS FORM TO LMCTT AMU THE EFFECIIVE DATE OF THE COVERAGE. For ftumu btformatim refer to the ........ „. memo. City officials may also vans to discuss than issues whit @e city attorney. The City of MONT 1 CELL O/TONNSWifpts cum UabWq coverage limits of 31.000.000 Som the league of Minnesota Chiu Imuraam Trust. Cbech nae: X The city DOES NOT WAIVE the moaeuty limits on ton liability establisbed by Minnesota Statutes 466.04. -OR- The city WAIVES the monetary limitsoc ton tiabUity csublWxd by Mimesou Sunny 466.04. to the extent of the limits Of the excess liability coverage obtained from the League of Minnesota Chia Insurance Tnut. l Due of city council meeting: Return this completed form to: Bentley Risk Services. Inc. 143 University Avenue Wen St. Paul. MN 33103.2044 ta4WAnal (1096) IA09 r of I i0h- O Council Agenda - 2124/97 ( 5C. Consideration of confirming date for nmnal Board of Review meeting - Wright County Assessor. (R.W.) A. RFFRRPNCIF AND RA .KGROUND: The County Assessor, Mr. Doug Gruber, has tentatively set Tuesday, May 6, 1997, at 7 p.m., as the date and time for the Annual Board of Review meeting. The purpose of the Board of Review is to allow property owners within the city the opportunity to ask questions relative to their property valuations that have been established by the City Assessor for taxes payable in 1998. Our City Assessors, Jerry and Peg Kramber, along with Mr. Gruber, will be at the meeting to field questions from citizens on their valuations. If the Council has a problem with Tuesday, May 6, the County Assessor would like to know so that a new date can be arranged in advance. B. ALTERNATIVE ACTIONS: 1. Confirm the Board of Review date as May 6, 1997, at 7 p.m. 2. If the above date is not acceptable, provide an alternative date for the County Assessor to consider. D. SUPPORTING DATA: Letter from Doug Gruber. 1 C OJ 4TY C" = Z m 78130 January 31, 1997 Rick Wolfstcllcr Monticello City Administrator 250 East Broadway Box 1147 Monticello, MN 55362 RE: 1997 Local Board of Rcvicw Dear Mr. Wolfstcllcr. DOUGLAS M. GRUBE R Wright County Assessor 16'rWht IBrunly G ----f KroIv, 111 2nd tit—I N.W. • R,wrm tau !tu//aln. Atinn W. 55313-1I93 Phnnr.16111681-7367 ((;12)(,"H2,73&q FAX: 16111 I:8'!.6178 The 1997 Monticello City Board of Revicw has been tentatively set for Tucsday, May 6 at 7:00 p.m. If this dale will not work for you please let me know before February 15, 1997. If you have any questions, please feel lire to contact me. inccrely, % 1 �� 1 l Ct J DougldS M. Grubcr Wright County Assessor DMG/df /quW 0ppwrunIgI AQ' mwhv Anion &ip1m er SV 4 CO Council Agenda - 2124/97 , 1,T , r: 7 , i , , , 1 , rw:J , , .y r., r ru : V , , coalition of cities to monitor utility tax reform issues and preparation , f atatisUcal data, (R.W.) As you may recall, I have updated the Council at recent meetings regarding proposed tax legislation that is in the works by NSP and other investor- owned utilities attempting to get legislation passed that will eliminate electric generating facilities from paying personal property tax. As I've noted, the Mayor and myself were invited to a brief meeting whereby NSP public relations personnel outlined that utility companies feel that when and if deregulation ever occurs in the electric industry, they will need to eliminate personal property tax to be competitive. A number of communities which host larger electric generating facilities such as Monticello, Red Wing, Becker, Fergus Falls, Hoyt Lakes, Grand Rapids, and a few other communities, rely very heavily on utility companies' personal property tax in calculating their overall value. I would have to say that the three largest communities in Minnesota that would be affected by such a change are Becker, Red Wing, and Monticello. In our case, if the entire personal property that is owned by NSP was no longer taxable, we would lose approximately 75% of their value, or 57% of our overall city base. As you can see, this would be a substantial blow to our financial resources in the future and would require a dramatic shift in our tax levying capabilities to other properties if we had to make up this entire difference through property taxes. While it is very likely that if any legislation were to pass eliminating personal properly taxes a replacement type of revenue would be proposed for us, there has not been a lot of thought put into that replacement revenue that any of us feel would guarantee host communities a guaranteed replacement. In addition, many ramifications would occur in the future that have not been thoroughly discussed, including the downgrading of our bond rating which would make borrowing more costly in the future because of the loss in tax base, the loss of our future ability to mise taxes for any general purpose with our tax baso being 57% smaller, and I'm sure many other issues once more thought is put into it. It is also likely that any replacement revenue would be distributed by the State of Minnesota, which automatically is suspect in guaranteeing this revenue in the future. The State has historically shown that when it sees a pot of money available that can be tapped for other uses, it is likely to be used for purposes other than its original intent. Council Agenda - 2/24/97 At this point, I have been attending a number of meetings with other local officials from communities that would be drastically affected by the tax reform noted, and it is our general consensus from these meetings that the communities most affected by this potential tax reform issue need to band together and form a coalition to be prepared to oppose such legislation that would be ultimately detrimental to our communities. The group has requested that each individual city have a resolution passed agreeing to participate in the coalition to oppose and monitor legislation in the future. In addition, the group has recommended that the law firm of Flaherty and Koebele, a St. Paul lobbyist group, be retained to protect our interests and monitor any potential legislation that may arise this year. In addition, it's the long-term goal of this coalition of cities to likely engage the services of this lobbyist, Mr. Tim Flaherty, for a number of years in the future as long as this property tax issue remains on the forefront. It's the general consensus of the group that each community should contribute $1,000 to $2,000 toward funding the hiring of this lobbyist, which would include the preparation of some statistical data that relates to each community on the effects such legislation would have on our tax base and to property owners in our community. It is anticipated that the lobbyist, in conjunction with the coalition of cities, will be working throughout the summer in preparation for dealing with this issue in the 1998 legislative session, assuming nothing happens this year. The bottom line is, if cities such as Monticello do not take the initiative to be prepared for lobbying legislators on this issue, we could be very surprised some day to find out that property tax reform has been passed that could detrimentally affect us for years to come. Adopt the resolution supporting the formation of a coalition of cities and authorize an expenditure of up to $2,000 for funding the hiring of a lobbyist and preparation of statistical data relative to Monticello. Do not adopt the resolution or join the group at this time. It is my recommendation that the resolution be adopted and that the City join the coalition in funding the hiring of a lobbyist. Monticello is probably the community with the third largest tax base tied up in personal property from privately -owned utility companies and would stand to lose over 57'% of Council Agenda - 2124/97 our current tax base if property taxes were eliminated without replacement revenues guaranteed. I believe it's very important for the City to take a lead in joining this coalition of cities since we have the most to lose and to begin working with a lobbyist to get the message out to state legislators that there are many issues that have to be dealt with before any type of property tax reform concerning personal property tax is considered. In addition to supplying a guaranteed replacement revenue to host communities, more data needs to be researched concerning how this loss of value would affect state school aids, future borrowing capabilities of communities like Monticello, and a number of other issues. I believe if we do not take the initiative to protect our own interests, no one else will. As a result, I recommend we join the coalition and earmark some funds for preparing and researching statistical data relative to Monticello on the effects of such legislation and contribute toward the hiring of the lobbyist, Mr. Tim Flaherty, who is very knowledgeable in these areas. Copy of resolution; Copy of proposed coalition work plan. 31 RESOLUTION 97- Q A RESOLUTION SUPPORTING THE FORMATION OF A COALITION OF CITIES TO DEAL WITH TAX REFORM FOR INVESTOR-OWNED UTILITIES REGARDING TAX ON PERSONAL PROPERTY WHEREAS, the City of Monticello is the host to the NSP Nuclear Power Plant; and WHEREAS, the City of Monticello derives revenues from the energy facility located in Monticello in the form of personal property taxes on machinery, which amounts to over 57% of the total tax levy for the year 1997; and WHEREAS, a study conducted by the Minnesota Department of Revenue in conjunction with the Public Utilities Commission ( PUC) and the Department of Public Service has issued a study dated January 15, 1997, entitled "Analysis of Utility Taxation in Minnesota" and has presented such information before the Senate Subcommittee for Property Tax and Local Government Budget Division, Senator Sandra L. Pappas, Chair, on February 5, 1997; and WHEREAS, the above -referenced study by the Department of Revenue has in fact recommended the decreased use or elimination of personal property tax as it source of revenue for local entities; and WHEREAS, investor-owned utilities (IOU's) have proposed legislation which would remove personal property tax from the available tax capacities of Clio affected jurisdictions; and WHEREAS, jurisdictions who lose tax capacity could see significant increases in property taxes tit the local level as a result of such legislation without replacement revenues; and WHEREAS, the replacement revenues of a utility or "motor" tax or other such remedies do not provide the same assurance of cash flow and leaves affected jurisdictions with an inability to deal adequately with financial concerns; and WHEREAS, the replacement revenues would also be subject to collection and "tinkering" by the state giving jurisdictions inadequate security in receipt of revenues both now and in the future with the added responsibility of sunsetting the revenue stream cnmpli,lcly; and WHEREAS, with the loss of the personal property taxes, Che affected jurisdictions will experience an adverse impact in its ability to bond, its bond ratings, its long- term debt, and will experience problems with outstanding debt and including issues concerning bond disclosure requirements. 5bf- Resolution 97 - Jr Page. 2 �r r NOW, THEREFORE, BE IT RE ' LVED, the City of Monticello shall appoint the City Administrator as a contact p rson or liaison to work with other similarly - affected governmental entities iii OPPOSITION to the elimination of personal property tax. At the discretion of the jurisdiction, this person shall serve as a representative of the committee overseeing the activities of the coalition. BE IT FURTHER RESOLVED that the representatives will work as committee members for the purpose of giving direction to lobbyists working on the issue as well as the generation of a budget and formula for funding of the effort. Adopted this 24th day of February, 1997. Mayor City Administrator i Proposed Work Plan 1. Monitor utility tax issues and report to clients • Monitor Legislature and agencies • Review bills and staff reports • Review materials used by utility industry 2. Research and analysis • Impact on individual cities (Red Wing example) • Statewide impacts ($200 million property tax increase) • Research and analysis of utility claims (e.g., claim that tax exemption is needed to be competitive when deregulation occurs) 3. Develop options to protect cities • If Legislature determines it wants to exempt utility personal property from taxation, what is best way to replace revenue lost as result of exemption? 4. Lobbying • Preparation of advocacy materials for use at legislature and with agencies • Coordinate lobbying activities • Direct lobbying of legislators and agencies • Media relations (press releases, meetings with new media) Fcbnmy II, 1997 5t) CJ Council Agenda - 2/24/97 lfi At the Council meeting on February 10, Mayor Fair read a letter of resignation from HRA Commissioner Al Larson. Mayor Fair volunteered to contact Mr. Larson as to whether he would consider as effective resignation date of December 1997. Mayor Fair reported Mr. Larson again reiterated his resignation allows an opportwi ty for qualified, young individuals to become involved in local government. Mr. Larson further suggested the HRA select a replacement from the remaining three candidates interviewed by the WRA on February b. Mr. Larson is not upset with any organization or individual and will continue to support the HRA, EDA, and MCP objectives. The expiration date of this 5 -year term, vacated seat is December 1998. At a special meeting of the HRA on February 19, the HRA Commissioners approved a motion recommending the City Council consider the name of Dan Frie for appointment to the HRA Commission effective immediately. Other members of the HRA are Vice Chairperson Brad Barger, Steve Andrews, Darwin Lahr, and Tom St. Hilaire (Bob Murray, appointment effective April 1, 1997.) A motion appointing Dan Frio as a Commissioner of the HRA effective immediately. Expiration date, December 1998. A motion denying the appointment of Dan Fric as a Commissioner of the H RA. A motion of other action. r STAFF RECOMMENDATION- Alternative F. ,OI\ MENDATION-Alternative 41. L) SUPPORTING DATAi Resume of Dan Frio. C Daniel R file (( 213 Jerry usm Drom Monaceib, MN 35362 612-2955990 (1M 012-2953067 (H) Date of aM 1041-56 Utetime Resident of MonticeAo EDUCATION Monticello High School 1975 Monticello, MN St. Mary's University San Antonio, TX SC Cloud Soft University 1980 St. Cloud, MN BAJPoldiaal Science and Economic Unlvmhy Of Artzona 1982 M.A/Polt" Science EDUCATIONAL EXPERIENCES Cha&man of SL Cloud State Student Aetivitlp CO MIJIUM 1979 Intantship Senator Dave Durenberger 1980-61 Washington, D.0 OCCUPATION Realtor/Owner. Wr1gMSherbimo Really Inc 200 West Broadway Montketio, MN 55362 PERTINENT EXPERIENCES Current President of Monticello Country Club Commissioner. State of GIN Land Acquisition AXwsb C Council Agenda - 2/24/97 1 1' f: 7 1 1 1sirnendmpntstabuflAingpermitmoratorium 1 1 would1'. maintenanceactivitleig nint exceeding 1 f market A RFFFRFNCF AND BA .K .ROUND: City Council is asked to make a minor amendment to the resolution adopting an interim ordinance that established the moratorium on issuance of building permits in the downtown redevelopment area. The amendment consists of a request to allow City staff to issue building permits for minor remodeling and maintenance activities so long as the permit value does not exceed 25% of the value of the structure. Staff makes this request because it appears that there will be a number of building permit requests for maintenance activities that will fall withiri this threshold within the time period identified in the moratorium; and technically, under the moratorium it is required that each of these requests cotme to the City Council for approval. It is very likely that all of the requests made for minor maintenance would be approved by the City Council; therefore, as a housekeeping matter, it might make sense to simply establish a minimum threshold for allowing building permit activity thereby enabling City staff'to process the maintenance - related building permit applications without the need to bring each permit to the City Council for review. Attached is a copy of the original resolution with language added at the end enabling City staff to issue building permits for maintenance work having a value equal to or less than 26%, of the current market value of the building. B. AI TERNATNF ACTIONS: Adopt the resolution updMing the 'interim ordinnnen establishing a moratorium on issuance of building permits pending completion of a redevelopment study and associated zoning code amendment within the designated redevelopment area in the city of Monticello hx addiuC a provision making an exrsntion for maintn nu nen activities. Under this alternative, the exception to the moratorium as described above would be added to the resolution and the duration of the moratorium would remain at one year from the time of adoption of the moratorium INovember 18981. Motion to deny updating the interim ordinance establishing a moratorium on issuance of building; permits. Council Agenda - 2/24/97 Under this alternative, the City Council could take the position that it is not right to allow any kind of reinvestment in any portion of the redevelopment study area until the planning effort has been completed. The City Administrator recommends that the moratorium be modified as requested. There are a number of structures within the redevelopment study area that do not appear to be directly affected by the MCP study preliminary design plans prepared to date. It is our view that the benefit of providing additional flexibility with this moratorium outweighs the potential for investments in structures that might be identified for future demolition as part of the redevelopment study. Furthermore, adding this exception to the moratorium will streamline City business because the City Council will not have to review every single minor building permit request in the redevelopment area. Copy of resolution as modified. RESOLUTION 97 - RESOLUTION ADOPTING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS PENDING COMPLETION OF A REDEVELOPMENT STUDY AND ASSOCIATED ZONING CODE AMENDMENTS WITHIN A DESIGNATED REDEVELOPMENT AREA IN THE CITY OF MON (CELLO WHEREAS, the Monticello City Council hds determined that in order to protect the planning process and ensure the health, safety, and welfare of the citizens of Monticello, the presently -existing ordinances and controls regarding commercial, residential and park development in designated redevelopment areas need to be re-evaluated; and WHEREAS, the Housing and Redevelopment Authority'has authorized completion of a redevelopment study in response to issues identified in the City's comprehensive plan. The study will establish a redevelopment plan which could include amendments to the official zoning map and text amendments to said ordinances; and WHEREAS, a recent application for a building permit for a single family home in an area that may be designated for park, commercial or residential development has brought forth concerns regarding the compatibility of a residential home with other land uses in the area; and WHEREAS, the above-mentioned concerns require the City to study possible changes to existing controls; and WHEREAS, the City needs a period of time in which to conduct these studies and to implement any needed chunges; and WHEREAS, the City Council has determined that no new development should be established within the designated redevelopment area until these issues have been studied and proper amendments to the city ordinances have been implemented. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI IE CITY OF MONTICELLO that the attached interim ordinance establishing n moratorium on issuance of building permits in the designated redevelopment area (exhibit AI is hereby adopted pending completion of redevelopment study and associated zoning code amendments. EXCEPTION: Moratorium does not apply to building permit requests for maintenance work having a value equal to or leas than 25% of the current market value of tho building. Adopted this 24th day of February, 1997. Mayor City Administrator SFA EA %00, votk-'U% DE5�i�SNG FEST cixf Ndolp UY `HIGHWAY Council Agenda — 2/24/97 �n, ,,'yrs s i •i •, m n s a:� i n„s At the Parks Commission meeting of February 20, 1997, three candidates were interviewed for the seat vacated by Bruce Thielens after his election to the City Council. Following the interview and discussion, the Parks Commission approved a motion recommending that the City Council appoint Rick Traver to the Parks Commission. The remaining portion of the 3 -year term would expire December 1998. Motion to approve the appointment of Rick Traver to the Parks Commission. Motion hi deny appointment of Rick Traver to the Parks Commission. C. STAFF RECOMMENDATION: Staff recomrnends alternative N 1. D. SUPPORTING DATA: Resume of Rick Traver C February =1, 1997 Jeff O'Neill, City Hall P.O. Box 1147 Monticello, MN 55362 Dear Jett 1 am writing you this letter in regard to the vacancy you have on the Parks Commission. I have been looking for a way to contribute more to the Monticello Community, and atter talking to several people about this position it seems to be a perfect way for me to become more involved. Therefore I would like to submit my name as a candidate for this opening. I have enclosed my resume for your selection committee to re,.icw. Should you or anyone on your committee have any questions about my history or experience, please feel free to call at 2954550. I hope to be helping you as a member of the Parks Commission in the near future. If for some reason you decide to appoint another individual for this position, please still feel free to call if you find that my experience or education may help you in any way. Sincervt� plt1 1 Rick Traver Enclosure C SG# RICHARD R M YER JR 200 Kevin Longley Dr. Monticello, MN 55362 (612) 295.4550 CURRENT POSITION GOLF COURSE SLMERjNMMDM EDUCATION Tudgmu Management Certificate (218_91 Pena State University Bachelor of Science. Business (12/821 University of Mmnesota EXPERIENCE General Manager / Superintendent (1190 - Present) Mooticeflo Country Club Mozmcc4 MN • 18 -hole semi -private country club • Site 1991 MGA Senior Amateur Champdornhip • Site 1992 MPGA Four -Ball Cham*n&Wp • Site 1994 MPGA Senior Amateur Ch m*nship • Promoted to General Maaager in Sprung 1992 Asst not cupWntendent (3 18 9 - 121991 Oak Ghon Country Chub SWhvater, Minnesota • 27 -hole semi -private country club • Supervision and scheduling of maintenance crow • Application of most pesticides and faWiaers • All other general maintenance practices ,Spray Teeh_niclan / Intern (3/88 - 9/881 Minneapolis Golf Chub St. Lauds Park, Nfimmota • 18 -holo private country club • Most applications of ferNizers and pesticides • Mostinigation rnaintenaneo • Some crew supervision Goff Cou M•_Intena-m (5/86 - 9/871 Baker National Golf Course Maple Plaine, Miaruesota • Appkation of fertu7izem and pesticides • Op=*m and repair of mwaW irrigation system • AD other general maintennxe practices OtherInes dorm Menards Assistani Depamnew Mansgerfrrainee Footlocker Store Manager 5648 RICHARD A MVER JR C 200 Kevin Lotrgley Dr. mmmcetio, MN 55362 (612) 295-4550 HONORS & ACTIVITIES Member of MGCSA aoe the GCSAA 1989 Perm State Twfgrm Student of the Year Recipent of rho Team -M pi Schou Rem of the Pen== Growers Ammanon Scholarship Recipient of the Harold Stodola Manorial Scholarship I enjoy gnlfirg, hunting and most outdoor sporting activities REFERENCES References wM be PWAA red upon request Sc v a Council Agenda - 2/24197 5H. Consideration of authorization to issue a building permit in the Downtown Redevelopment Area for the addition of an ent= vestihuie and interior remodeling at TDS Telecom -Rig Pinn RtreeL Monticello. innesoL (F.P.) A RFFFRENCE AND BA .K .ROUN On November 25, 1995, the City Council established a moratorium on issuance of building permits in the Downtown Redevelopment Area of Monticello. The purpose of this moratorium was to manage public investment, new development, and redevelopment that may be inconsistent with the design and use intents for lands within the Redevelopment Area. TDS Telecom intends to add a seventy (70) square foot entry vestibule to the south side of the building and remodel interior spaces affected by the addition. The land use and designs of TDS Telecom are consistent with the pending Redevelopment Plans for the Downtown Redevelopment Area. B. AI.TERNATNE ACTIONS: 1. City Council may approve this request by TDS Telecom for a building permit to add seventy (70) square feet, finding that the development approved by this building permit is consistent with the design and use intents for the Downtown Redevelopment Area. 2. City Council may deny authorization of the building permit with findings as to why denial is consistent with the intents of the moratorium. C. STAFF F .O MRN )ATION- The City Administrator recommends approval of Alternative ttl, approval of this request by TDS Telecom for a building permit to add seventy (70) square feet, finding that the development approved by this building permit is consistent with the design and use intents for the Downtown Redevelopment Area. n. SUPPORT N . DATA: Copy of the plan showing the proposed vestibule. TDS TELECOM n I ® a A• I 0 A fiT•'+i PITT K'1?� .T,► cetrry u emm•e wure6 PPL'R To n;me se 1 imu, w.1 a Kcn X10 .wLr4r P C.Wr Aw/Nt ttII�O 6Rt1 6[ D`I nlrt�¢ AYTat-661!GTm OpITRAGTOA Qr 2 tax Ls mem Wm haw QWP42 1 ALL WE" PPsTLm'<D 6Y ro13Ti4zr1LN 6VLL 6L 126To� To oTEHI CoA ton ft" i t J L am No1L6 1- 1. I t LrLOY COM eT)" OVLL 64Wro6A To M7LVOLG G4XL6 laae 6Rw^" To Om MATm w ma 9LPt r To 6Q To AILo/ DoT mANKt X01 ! 6m GOA. To a A" P61 [MEN A u d" coreLTt To rVA A a*MM OF r tVjMAw b.M N no" 6Mgt 6 ►•sT^A crow M Watwo • GALLA wrom 6Lewft" "T n T-YP. TREW--H Pf�AIN Maarw RAI aerr W4c ao nt MUM OR IMawes N M=rO, — I r -r o • M rcwnto GToR e+u n6Tu RARt Tb# rer..e APZW eaffl%w AND WATMA.s 6ro® ON am 7 mmAt tL LQIb6 /►LM mlT m I I I n I ® a A• I 0 A fiT•'+i PITT K'1?� .T,► cetrry u emm•e wure6 PPL'R To n;me se Qj we cawTo a67w6 Tum hew w RA crm maa teal taw Qr 2 tax Ls mem Wm haw QWP42 WU 10 qA Qrtae ton ft" tas tat wr "IawKftm 8 vffa16RR a' fRwM KEI ea acrr<r a lasts iuw u ft" RA u Rwaw ft& A`N N no" 6Mgt U a" ep" Maarw RAI Council Agenda - 2/24/97 A. RF.F .R .N F AND BACKGROUND: City Council is asked by the Parks Commission to consider authorizing a feasibility study for the purpose of preparation of preliminary design and costs associated with completion of three pathway segments identified in the City's pathway plan. The three segments identified are also in the budget for 1997. Council is also asked for authorization to proceed on reconstruction of pathways in the Meadow Oak areas. This project was budgeted for construction in 1996. The first pathway is the river walk segment that would connect Ellison Park to Mississippi Drive. This pathway extends along the undeveloped portion of River Street right-of-way through the northern boundary of the wastewater treatment plant, and then connects to Mississippi Drive. The 1997 budget includes $60,000 for this expense. The Parks Commission is recommending that only a portion of this pathway be developed at this time due to the fact that there will be major construction at the wastewater treatment plant. Under this partial development scenerio, the pathway would be extended from the Hospital District property along River Street to Mississippi Shores. The remaining segment extending from Mississippi Shores to Mississippi Drive would be delayed until such time that the wastewater treatment plant is completed. The next two pathway segments are identified in the ISTEA Grant application. One segment along County Road 118 links the Middle School with CSAH 75; the other links the Meadow Oak area to the school campus area. It is hoped that the City will be successful in obtaining funds necessary to complete these pathway segments in conjunction with the grant program. Obtaining grant funds for these segments, along with obtaining funds for development of a pedestrian overpass, would bring cost savings to the City. It is our view, however, that these pathways aro necessary and that we should pursue development of these pathway segments with or without grant fiords. Therefore, to expedite the project, it is proposed that the feasibility study be conducted at this time. If the City is unsuccessful in obtaining ISTEA funds for the overpass, then the pathway on 118 would be designed to channel pedestrian traffic over the existing narrow bridge. At some point in the future, the bridge would be widened or a separate pedestrian pathway could be built. Unfortunately, the budget would not allow for construction of a separate pedestrian crossing at this time without IhTEA funding. Council Agenda - 2124/97 The other pathway segment being analyzed by the proposed feasibility study would connect the Meadow Oak/Briar Oakes/Oak Ridge area to the Middle School via a pathway along a power line corridor that runs parallel to County Road 118 and extends deep into the Meadow Oak residential area all the way to Meadow Oak Park. This pathway represents the spine of a pathway network that would allow safe movement of bike and pedestrian traffic to the school campus area. The feasibility study will also examine the cost to reconstruct pathways installed in the early 1980's in the Meadow Oak area. Pathways in this area are too narrow and were installed poorly, thus resulting in portions of the pathway breaking up. The three pathway segments and the reconstruction noted above have been in the pathway plan since 1993. They are in the budget for construction in 1997 or were in the 1996 budget. It is hoped that with completion of the feasibility study, development of specifications, and the bidding process, the segments, when taken together, will fall within the allotted budget. Motion to authorize preparation of feasibility study for construction of said pathway segmenta. Motion to deny authorization to prepare a feasibility study for construction of pathway segments. STAFF F..OMMRNDATION: The City Administrator recommends that City Council authorize preparation of the feasibility study as proposed. 1). SUPPORTIN . DATA: Excerpts from the 1997 ISTEA Grant application: Excerpts from the 1993 pathway plan. FaiwAft OwAmw Pea Comm ()f l9 *D Qual Rivw low 99 ,1 1r6owry .. ... _ .__r...... II Comm - FAW"?A Ammar � (AIRo..p. ` •• +A � RioM Ra�raar N (%.a P a Q> `4 ►r.r. or R�Isalloa hA •. R+soi RM mimft r Pao ( ♦ h• F / rl , K ,� i � `►:� ww...ru.or Ptopowd Pa*-" iwrRlr.R, mm .we. W. Ra�l9Y.a1/ �+••• M''� Caery RO�d I 1 t PalMtrim Ova pM t Parw7y �•�" n0. Mimmom E~ 2 11 �� Narrow l 1vcrpuss With No Connection to Residential Area / \ • t, 1 Proposed pathvsv Augments are to yellow. Legend I uttur Path - Ph&w IV Pngxtaed Path - Phaw III t- 1 •�• Pnopoaed I M -Road Palhwa\ ' • F> sling s' PathvIaN - Phaw II t - I tteting 1 to Road Pathway - That• II / I 24' Wide County Road - - %Rkwal► - Phaw I r u.. FAWting and Fume Petbway System County Road I Ii Pedeetriee OvaWs & Pathw'a} ••, •• MO�i00II0. M1a0000ta CR 1 I s Overpass No Pedestrian Acnes» 21' Wide cR I is Ry � � R I mrttttrar mm on jowl" 1W - t N Council Agenda - 2/24/97 •• , T : irm M„ • The City Council is asked to consider granting preliminary plat approval of phase III of the Klein Farms residential subdivision. The Planning Commission conducted a public hearing on the plat and recommends approval contingent on changes identified in the attached report by the City Planner. It is being recommended that the preliminary plat be approved based on the Planning Commission recommendation, but make final street and sidewalk design requirements subject to potential street design modifications that will be reviewed on March 10. Please see the attached report for detail regarding plat design issues and note that the developer has made many of the modifications to the plat as identified in the report. Changes that have not been made relate to unresolved issues pertaining to street width and sidewalk standards. Once the City has adopted its revised standards, the preliminary plat should be modified accordingly. Motion to approve the preliminary plat of the IQein Farms 111 residential subdivision contingent on modifications of the street and sidewalk design plan in accordance with revised city standards up for consideration at the City Council meeting set for March 10, 1997, or contingent on the developer making all modifications as recommended by the Planning Commission. Under this alternative, the applicant has a choice. He can either wait to see what the new design standards are and reach his final design accordingly, or he can proceed under the existing code and associated Planning Commission recommendations. As an update, the committee assigned to analyze street width standards met on Thursday, February 20, to discuss the topic. Significant progress was made on coming to agreement on acceptable standards. A follow-up meeting has been scheduled for 8 a.m., Tuesday, March 4, which should lead to Council review on March 10, 1997. C Council Agenda - 7J?A/97 Motion to deny approval of the preliminary plat of the Klein Farms III residential subdivision. Motion to table approval of the preliminary plat of the Klein Farms III residential subdivision. City Council may wish to table this item pending outcome of the revisions to the design standards. The developer has made a strong effort to comply with requirements set forth by the City Planner, Parks Commission, and Planning Commission. We have every reason to believe that he will support making additional changes to the plat to fit the emerging design criteria. If the developer does not wish to follow the new design standards but amends the plat to comply with existing standards and the recommendation by the Planning Commission, then the City Council may have some obligation to approve the plat as submitted. 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II r catoa Wft7rat f� I ;� • " � �• � r a Ot+ttetlf ar .AWED n ._.,, ,.,� ... ._, .... ... aaMwac rta12 ...., oaI .•�Y� Y + - W ..�•YMM �Iw far.ot "a #�1 r ' I114* aL, tri ♦ _ ri�1L7i' jh+ry 1 aG a Q - YD LE3mxL r 44ara - 00 Mr4 aMl tt,la aC. ! t j4M h/Aly. 4 Owl �erar.. (y i • r, Jref-- _ l ,iMIT� l •} 'nm �--IIOt f°,aa Wf ii • =w S w •u +w e r1MD^ . ow 0"AM. frr J90-31-1997 0948 NRC 612 595 SET? P.01 1 NORTHWEST ASSOCIATED CONSULTANTS /f NFNC COMMUNITY PLANNING - DESION - MARKET RESEARCH C MEMORANDUM TO: Jeff O'Neill FROM: Bob Kmlis / Stephen Grittman DATE: 31 January 1997 RE: Monticello -Klein Farms 3rd Addition - Preliminary Plat FILE NO: 191.07-97.01 A- E and K Development has requested preliminary plat approval of a 132 lot single family residentia; subdivision entitled Klein Farms 3rd Addition. The proposed subdivision ovoAays a 61.2 acre tract of land located south of School Boulevard between Oakwood Drive and Fallon Avenue. The subject site is zoned R-11. Single Family Residential Blocks. According to Section 115.1 A of the Subdivision ordinance, blocks should not A xceed 1,320 feet in length unless juMod by un*m conditions. At 11,450 feet In length, Block 7 oxweds the ordinance requirement So as to coMonn to ma)dmum block length standards and provide eonveniont pedestrian amass to the proposed park it is suggested that a 30 foot wide pedestrian way (outlet) be provided near the Intorseetim of Farmstead Drive and Street F (botween Lots 9 and 10, Block 7). This pathway location would ovortay a proposed storm sewer easement. Aitertmtivey, pedestrian amasses to the park could be provided along the UPA asssment and School Boulevard. This option Is Ihmh ted on E)d t E vdth a redesigned street plan. and discussed below In the'Streete section. 6770 WAYZATA OOULEVARD. SUITE eee 8T. LOUIS PARK. MINNESOTA 66416 PHONE 61 2-595-9630 01A% 61 2-eee-9637 16 JF*4-31-1997 0948 NX 612 5% 9837 P.02 Lots. All tots have been found to comply with the following minimum lot area and width requirements imposed within R-1 Zoning Districts: Lot Area -12,000 square feet Lot Width - 80 feet While technically meeting ordinance lot width requirements, some wncem exists over the actual buildable width provided to lots which abut the UPA easement along the plat's southern property line. For Irmlartce, Lot 17, Block 7 is provided a 40 foot wide building width. Such width is inconsistent with most other subdivision lots which provide 60 foot building widths. Builders should be cautioned that setback variances are not likely to be approved on newty platted lots. Stnests. Right -d -Way. As required by ordinance, proper right -d -*W width and cul-de-sac radii have been provided. Additionally, all cul-de-sacs compy with maximum 600 foot length requirements. )„Bycut. Generally speaking, the proposed street layout appears acceptable. Some concern does, however, exist In regard to the 200 foot off -set of streets 'B' and 'P. While the off -set does comply with the minimum 125 separation required by ordinance, such condition and the awkward tuming maneuvers which result should be avoided if possible. One meas to address such concern would be to simply shift Street F approximately 250 foot to the south to align with Street B. If such eltomative street alignment is pursued, it Is suggested that a 30 foot wide pedestrian park adceWoutlot be located near the Intersection of Street F and Farmstead Drive. This alternative also solves the lot width Issues adjacent to the UPA easement by re-oriamting lots so the power lines are In the rear yards. It further reduces the number of cul-de-sacs in the plat Access. As shown on the attached pmllminary plat, abbess to the subject property is to be provided via two pointe from IS I Boulevard. One Issue worthy of discvsslon Is the nood for a street access from the west (via Oakwood Drive). While the subdivision's park certainly must be considered a primary area destination, it should be recognized that vehicular across to the park Is to be provided only via the north (from School Boulevard) and the east (from Fallon Avenue). Thus, a westerly street amens would not offer any additional convenience in regard to park accessibility. This is not to say that a future westerly street access from Oakwood Avenue (provldod as part of southerly development) would not be desirable. A pedestrian access from Oakwood Avenue Is considered appropriate for the current development area. qu SAN -31-1997 0948 NK 6125% 9637 P.03 (T Setbacks. All proposed lots demonstrate an ability to comply with the following R-1 vv District setback regUirements. Front Yard 30 feet Side Yard Interior 10 feet Street Abutting 20 feet Rear Yard 30 feet Purls. As shown on the attached preliminary plat, a 16.2 we park (exciuding wetland) has been proposed along the su*d site's eastern boundary. Such location provides till exposure to Fallon Avenue and School Boulevard and overlays significant stands of mature oak trees and other vegetation. While the proposed park location is considered highly positive. Two items of concern exist as highlighted below. As shown on the attached grading and erosion control plan, Lot 9, Block 7 abuts a ponding area. Such condition will prohibit park patrons from encircling the park's pondketland area As a condition of preliminary plat approval, the pond should be designed so as to allow full pedestrian pas along the panda western boundary. 2. A number of strictures exist within the designated park area. The Parks Canm'issicn should provide recommendation whether such structures should be removed or adapted for park use. SldewalkaPaUmays. According to Section 11.7-2 (H) of the Subdivision Ordinance. sidewalks of standard design may be required by the City Council. Considering that the subject subdivision incorporates a significantly sited park, a provision for sidewalks and/or pathway is considered j Mlfied. In this regard, it is suggested that a five foot concrete sidewalk be constructed along the south side of School Boulevard. Additionally, it is suggested that the following sidowalWpathway options be considered: 1. Five foot wide concrete sidewalks along Country Lena and Farmstead Drive (both sides of street). 2. An eight foot wide bttuminous pathway along Country Lena and Farmstead Drive (one side of street). It Is the opirdon of our office that in this situation, the construction of sidewalks on both sides of Conry Lane and Farnutaad Drive reprsssnts a profaned. mon equttable option by accommodating pedestrian circulation on both sides of a street (thereby avoiding unsafe' street crossings). Additionally the use of concrete represents a preferred construction material in terms of general appearance and maintenance. 0 JAN -31-199? 09:49 NAC 612 595 9e37 P.04 His anticipated that such sidewalks or pathways could be extended southward at such Ume �l as the adjacent property develops. While areas to the south of the subject property currently are undeveloped, it is likely that future area residents will desire convenient pedestrian access to the proposed park To ensure such axes, the following Is recommended: A 20 foot wide pathway easement be established along the southern border of Block 1 (within UPA easement). Future pathway construction would occur within the adjacent southerly property upon development. A 30 foot wide outlet is established along the southem boundary of Block 3 to accommodate future pathway construction. SereeninglLa dscaping. As shown on the attacthed prellmUtary plat, double frontage lots have been provided additional depth to exomirtodate landscaping and/or screen plantings. Rather than rely on Individual property owners and the rtsautting mix of rear yard treatments, it Is suggested that the developer be made responsible for such screening efforts. Such responsibility would ensure a constant and functional landscape design atony the School Boulevard and Oakwood Dnve corridors. Specific methods of screening should be stipulated in a landscape plan submission. Oradb* and Drainage. In conformance with preliminary plat submission requirements, a preliminary grading and erosion control pian has been submitted for review (see Exhibit C). As shown on such plan, a slgr scant amount of existing vegetattonhneture trees exist in the eaotem one-third of the site. To the extent possible, all significant trees (as determined by the City) should be preserved. The grading and erosion control plan should be subject to review and approval by the City Engineer. Utllltles. In conformance with preliminary plat submission requirements, a preliminary utility plan has been submitted for review (attached as Exhibit D). Such plan should be subject to review and comment by the City Engineer. Such review should Include specific comment as to easement acceptability. i ._ a _•tt�•,: Approve the preliminary plat subject to the following conditions: A A 30 foot wide pedestrian park soasUoutlot Is provided between Lots 9 and 10. Block 7. H, however, a revised street plan Is pursued (as illustrated on Exhibit C), an alternative access location upon the UPA easement be provided. 1C JRN-31-1997 09:49 NRC 612 5% 96'37 P.05 B. Consideration is given to shitting Street B southward in a manner similar to that illustrated upon Exhibit E. C. Five foot wide concrete sidewalks are provided along Moth sides of Country Lane and Farmstead Drive. D. Sidewalks are provided a" the south side of School Boulevard. E The pond which lies within the park is designed and configured to allow pedestrian passage between such pond and the adjacent residential lots which Ile to the west F. The Parka Commission provide recommendation as to the removal or adaptation of existing strucbxw which Ile within the designated park area. G. A 20 foot pathway easement Is provided along the southern boundary of Block 1. H. A 30 foot wide outlot is established along the southern boundary of Block 3 to accommodate future pathway construction. I. To the extent possible, all significant trees (as determined by the City) are preserved. J. A landscape plan Is submitted which specifies rear yard landscaping screening methods along School Boulevard and Oakwood Drive. K The submitted grading and eroslon control plan Is subject to review and approval by the City Engineer. L. The submitted utility plan is subject to review and approval by the City Engineer. 2. Deny the preliminary plat. C. STAFF RECOMMENDATION Based on the p usdaV review, we recortunend approval of the Wein Forms 3rd Addition prellminary plat under condition that the items highlighted in thb manwrandum are addressed to the satisfaction of the City. s 1F JAN -31-1997 09:49 NAC 612 995 9837 P.06 C Attached for reference: Exhibit A - Site I.ocatlon Exhibit B - Preliminary Plat Exhibit C - Gradtrlp and Erosion Control Plan Exhibit D - Utility Plan Exhlblt E - SLdxR ion Design Alternative C IG +t I 1 I I S I I 1` •" I I 1 - •� " ��� ..— r ---. �� � „mal•. _ �'---'-�- --� - �' I. 1 OUP ..•.'.I • � • (S .'s '� � J . f . 1�a Q • � ' ; 75 it :� i 1�• 1. Lr 1 1,.� �" , .L�., . �•• - 1, Y�i -��\ ♦ ,.;}n ,i.ti,��'4� s t'..A t �-r. •rr..1 � r "S' +�� r.t.}�.; ' '"1 p,l' ``-i i.r.lr I. rrw:v ••/$.,� r�.•.: I'►�."� '� 1�(�V�•• ,� -• � a}Q LIM- 1 p ;1 ;�_u -' r �r i-1 •�rl jlh,�'r l'�j, I�^ '�5,. �" Ti• '% w �V�1 c s Or rN s Yr7 1 /►tl.r.• r �,�OI r �.. ....._ ..._"•�...,. ..., w.r; i .. ..._ i� II! n` s •'~ • ••' �KLR1N FARMS 3RD ADD17YON . ■ o wr «++. r -r t: rl :....w 5:,�,`/,__ I j I rw�rnu•r w w nr . i■otbn c: nr.a n.■ rl�.l coa • u•nnan,rw — ... w'%:. ., r r ...-.•E�`1.' 'to I •'.dw..�wr�. •'; {�• I � � tea■-_. F�•��,�- `�' I' . ��.- ?%+:s: :i.: tI Svi �rnava_•_ • •' "• lS' "^'3Y •�•� � i rr5it'i: _ 1 til 4 W KLEIN FARMS 31211 ADDITION INI IIMN,1•t Il tilitt P11M 1 . 1 MvfimM •I, IIC ��Q} �(� w•Y,Y,,,o`N1r11 .• 1��1� �j• ,� � Y'n. IY+•)� �7 1 '.I I �,I I �..) � 11.1114 l •1`1 11f 77_=771 a • '�r�"�n,� r it all �'. �. 41 i. i ..- Ith .2 I � I,, rt f1� � � .,�\, 1 �, j • � � � , ,I ��,� •'•-ter . j �• I , 1K11 It 1,1 �.1 / N 1,�� 111 •1 I M I I 1 � j� •!,\ I ,� a , 11��I 1 " �wf• 1 i .� .' mmllwl X11. ly 1 �T. i(_ ,/ ��-I +I✓. \ 1 � 1,' I � •1 Wto or os ///111 .1�.. � ;.��\. � �_...- -- -' - � - --,;� .'•'..�� - � �... �...�.�� T--#-fE -i-+T- — C— '"�•, wf. . - I N , t e r• Ts'-{ �wmpv .XX 1 .�J `�v,.\ \ f +ra, Ia Sal I w4_ a .1 I'li'' i �..�7�a- I• _� i w: . 1 • t a' •: t iS".f1 ry . n.�. •.r �.as.,•.. � _ l y(� CD >K I n 1 .' •. �fv I .a _ � � I f � I oI• �. �� .: ,,�. Imo, �.:.y r PEDESTRIAN ACCESS .� 1 /`� -.•-• M I f ti's, M W„O• _ Y Y' lw _ •"S ."S.^� �5 �'_' i.. •� ..�f w �' L! ` ..•r".w+r i r• . ry' I IJ •'"•�\ 11Y Y I 1 Y s m Eli C Council Agenda - 2/24/97 :1 1 1 1 1 1• 1 h: ,1 1 1 ,1 1 1 • 1 Y,: 'LI : jl 1 : • 1 �,: •I, M, :1: : 1/1 1! W 11 The Planning Commission reviewed the following report and submits a somewhat neutral recommendation to the City Council. It was their view that the current and proposed revision have strengths and weaknesses that are best judged by the City Council. I prefer the proposed ordinance because it streamlines the administration of variance requests. I do not believe that it will result in additional unnecessary discussion at City Council level because the variance requests will be handled via the consent agenda. Copy of Planner's report; Copy of proposed ordinance amendment. k 0 JAN -31-1997' 09:25 NRC 612 595 9837 P.01/07 09-003 NORTHWEST ASSOCIATED CONSULTANTS N INC Co MMUN ITY PLANNINQ - DESIGN - MARK6T RESEARCH v MEMORANDUM ` cop*k TO: Monticello Mayor and City Council Monticello Planning Commission FROM: Stephen Grittman DATE: January 30, 1997 RE: Mori icello - Variance Processing FILE NO. 191.06 -98.14 A. Rf ,=ROUND Mwhad to this mwn=,duro is a draft Zovnp Ordhmce Amendment which Chrnges the Zoning valance process by redesignating the Zoning hoard of Adjustment cru: Appeals from the Planning Comm"im to the City Council. Under the proposed prozess, the Planning CAmmisslon would eat in an advisory role, conductirig the public hearing on Zoning variances, but reoommencift action to the City Council. The City :oundre decision would be final on a Zoning Variance. The adva. ;tapas to this process aro Primarily procedural. An applicard will auto natically go on to the City Council wilts s variance request, but will receive the some hearing and oonsideranion at Planning Commission level as the current Ordlnarttoe provides. Howevar, under the current Ordinance, fro applkant or Interested third parties must watt until the Planning Commission acts before they know to file an appeal. Unnecessary delays have resulted f m this wart whidn the Cir has attempted to mclify by automatically forwardlnp an appeal ft can becomo oorftN as to whether an application forwarded to Council has actually been appealed or not. 5770 WAY7ATA DOULEVARD. SUITE 506 ST LOUIS PARK. MINNESOTA 80416 PHONe 61 E-500.96345 FAX 61 2-505.9037 �� SAN -31-1997 0926 tIPC 612 595 9857 P. 02/W To solve this problem, the new process would be identical to the process used for Zaning (� amendmeras and Cordltlonal Use Permits. The Cfty Council could choose to consider the Zoning items as consent agenda issues, unless Council or members of the public ask for further consideration of an item forwarded from the Pial WWV Commission. 1?: � 111 MI •1.,� I . Approve the proposed amendment charging the desWoUm of the Zorft Board of Adjustments and Appeets from the Plannhhg Commission to the City Council, based on a findUhg that the process provides a dearer and smoother path for both app5cants, the CRy, and htt third parries in trackh variance requests. 2. Deny the proposed amendment W roeommands approval of the ,., ., . t b the vefianro prooess6 i% V* believe that the dWW etbws better Clarity for all hhtefgels persons, end ie consistent with the other mrirhg proem= acted on by the Ptamhhg Commission. In additkn% whIla the Planinh Commission's acttorh Is no IoW •flnar In the txhMcal sense, the rou ne appeal issue under the current Drdhhance resulted In IRtle finality. It Is noted that under any nwft action, the CRY Cowxg has final appeal autwily, regardless of which grog is designated as the Board of Adjustments and Appeals. Therefore, it is possible that the City Council may find tsdl ro-a min ft a request an appeal Rom $s own dedsion when It aaed as the Board of 4fAjStinent end Appeals. We have fotmd ghees occasions to be extremely rare however C a JAN -31-1997 0926 tpw 612 595 9637 P. 03/7 f DRAFT - DRAFT - DRAFT 1113197 CITY OF MONTICELLO, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10. CHAPTER 23 OF THE MONTICELLO CRY CODE. KNOWN AS THE ZONING ORDINANCE. ESTABLISHING THE MONTICELLO CITY COUNCIL AS THE BOARD OF ADJUSTMENT AND APPEALS. THE CITY COUNCIL OF THE CRY OF MONTICEI I HEREBY ORDAINS. Section 1. Chapter 23 is hereby amended to read as follows: CHAPTER 23 ADMINISTRATION - VARIANCE AND APPEALS SECTION. / ` 23-1: Boa id of Adjustment and Appeals 23-2: Planning Commission Recommendations and City Staff Reports 23-3: Finning of City Council and City Staff 234: Non -Economic Hardship 235: Appeals 23-6: Procedures 23-7: Lapse of Variance or Appeal 235: Performance Bond 23-1: BOARD OF ADJUSTMENT AND APPEALS: The City Council shall act as a Board of Adjuttment and Appeals. 23-2: PLANNING COMMISSION RECOMMENDATIONS AND CRY STAFF REPORTS: al written staffroom and .. .. , stlom of the Planning Commission shall be entared In and made part of the pemuvwnt written record of the City Council's meeting. a JAN -31-1997 0926 HRC 612 595 9537 P. 04/0'? 23-3: FINDING OF CITY COUNCIL AND CITY STAFF: In considering all requests for variance or appeal and taking subsequent action, the City staff and the City Council, serving as the Board of Adjustment and Appeals, shall make a finding of fact that the proposed action will not: [A] Impair an adequate supply of light and air to adjacent property. [B] Unreasonably increase the congestion in the public street [C] Increase the danger of fire or endanger the public safety. [D] Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this ordinance. 23-4: NON -ECONOMIC HARDSHIP: The City Council, serving as the Board of Adjustment and Appeals, shall, after receiving the written reports and ....,.,.,.,,*...;ations of the City staff and the Planning Commission, make a finding of fact and dude upon requests for a variance by approving or denying the same, in pan or in whole, where it is alleged by the applicant that a non -economic hardship in the reasonable use of a specific parcel of property exists. A hardship that by some reason of narrowness, shallowness, or shape of a specific parcel of property or rat existing and of record upon the effective date of this ordinance or that by reap on of exceptional topographic or water conditions of a specific parte! of land or r:,;, the strid application of the terms cf ft ordinance would result in ext optional difficulties when utilizing the parcel or lot In a manner customary and legally pennissible within the district in which said kA or parcel is located, or wouul create undae hardship upon the owner of such lot or parcel that the owner of another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the appiicanl. Should the City Council find that the conditions outlined heretofore apply to the proposed lot or parcel, the City Council may grant a variance from the strict application of this ordinance so as to relieve such difficulties or hardships to the degree considered reasonable, providing such rolief may be graded without Impairing the intent of this Zoning Ordinance. 23-5: APPEALS: The City Council, sorving as the Board of Adjustment and Appeals, shall, oftor rocelving the written report and recommendation of the City staff, and City Council, make a finding of fact and make a dedslon on appeals where it is alleged by the applicant that error has occurred in any order, requirement, decision, or determination made by the Building Inspector In the enforcement of this ordinance. However, said appeal shalt be filed no later than ninety (BO) days after the applicant has received a written notice from the Building Inspector or said appeal shall be considered void. JAN -31-1997 0926 NRC 612 595 4337 P.05i07 23-6: PROCEDURES; (A) Request for a variance or appeal shall be filed with the Zoning Administrator on an ficial application form. Such application shall be accompanied by a fee as outlined in Chapter 26 of this ordinance. This fee shall not be refunded. Such application shell also be accompanied by written and graphic materials necessary for the explanation of the request (01 Upon receiving said application, the Zoning Administrator shall refer the application, along with all related information, to the City Planning Commission for public hearing. (CJ The Planning Commission shall consider the variance or appeal at its nerd regular meeting unless the filing date falls within fifteen (15) days of said meeting; in such a case, the request would be placed on the agenda at the regular meeting following the nemd regular meeting. The Zoning Administrator shall refs said request along with all related information to the Planning Commission at least ten (10) days prior to the regular meeting. This meeting shall be a public hearing, notice of which shall be mailed at least ten (10) days prior to the meeting to all owners of property, according to the Wright County assessment records, within three hundred fifty feet (350') of the property to which the variance relates. When a variance request pertains only to yard setback requirements, only abutting property owners need be notified. Noboas sett shall also Indicate the appeal process in Section 23-6, SubdMslon [IQ. (D) Failure of a prop" owner to meceive said notice shall not invalidate any such proceedings as set forth within this ordinance. JEJ The request shall be referred to the City staff for a report and recommendation to be presented to the Planning Commission and City Council. A preliminary draft of the C4 strtlPs report and recommendation shall be given to the City's Planning Commission and City Council at least ten (10) days prior to the meeting at which said report and recommendations we to be presonted. The final report and recommendations of the City staff are to be entored mond made pail of the permanent written rocord. JF] Upon completion of the report and recommendation of the Planning Commission, ft request shall be placed on the agenda of the City Council. City aleft reports mond mcornmendatlons of the Planning Commiulon shall be entered in and mads part of Ute psm m tt wrftt n record of the City Council meeting. In JW -31-1997 09:27 NRC 612 595 98V P.06i07 [G] The City Council shall review the application and may at its option conduct Qa public hearing on the request [H[ If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific Inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one (1) time on a singular request. (1] The City Council shall make a finding of fact and approve or deny a request for variance within sixty (60) days after reoW of the Planning Commission's recommendation. [J] A variance of this Chapter shall be by four -fifth's (MS's) vote of the entire City Council. f lq All decislons by the City Council involving a variance request shall be final except that an aggrieved person or persona shall have the right to appeal within thirty (30) days of the decision to the Wright County District Court. [L] The Zoning Administrator shall notify the originator of the variance request or appeal of the City Councl:, serving as the Board of Adplatrwnt and Appeals, decision in writing. 23-7: LAPSE OF VARIANCE OR APPEAL: Whenever, within one (1) year after granting a variance or appeal, the work as permitted tW the variance or appeal shall not have been completed, then such variance oriappeal shall become null and void unless a petition for extension of time in vvhipn to complete the work has boon granted by the City Council. Such extension shall be requested in writing end filed with the Zoning Administrator at least thirty (30) days before the expiration of the original variance or appeal. There shell be no charge for the filling of such petition. The request for extension shall state facts showing a good felth ettemipt to complete the work permitted in the variance or appeal. Such petition shall be presented to the City Council for a decision. 23-8: RECONSIDERATION: Whonever an application for a variance has been considered and denied by the City Council, a similar application for a larlance allocting substantially the same property "not be considered again for at least six (6) months from the data of Its denial; and a subsequent application affecting JA+ -31-1997 09:77 MAC q 612 996 9857 P. 07/07 substantially the same property shall likewise f� , w considered again by the City Council for an additional six (6) months from the cote of the second denial unless a decision to reconsider such a matter is made I the City Council. Section L This ordinance shalt take effect and se in full force from and after its passage and publication. Brad Fyle, Mayor ATTEST: Rich WoHcteller, Administrator Ays:i: Na) 9: ( eJ D Council Agenda - 2/24196 9. Consideration of :..:, e , D: financial activity reparL and 1997 propalied hudgeL (O.K.) A. RFFERF.NCE AND BACKGROUND: This item is presented to comply with City Ordinance Amendment No. 172, Section 2.3-6 (A), "The Authority shall prepare an annual budget projecting anticipated expenses and sources of revenue"; and (B), "The Authority shall prepare an annual report describing its activities and providing an accurate statement of its financial condition. Said report shall be submitted to the City Council by March 1 of each year." The financial reports were prepared by Executive Director Koropchak. The Economic Development Authority (EDA) approved the year-end reports and budget at their annual meeting held February 11, 1997. All Greater Monticello Enterprise Fund (GMEF) loan pay backs are current. Therefore, the EDA submits to the City Council a copy of the EDA-GMEF Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balance for the Year; Annual Activity Report; and 1997 Cash Flow Projections (Budget) for review. Koropchak will review the year-end reports at the Council meeting. After questions or comments by City Council, the EDA requests that City Council make a motion to accept the GMEF reports to affirm ordinance amendment compliance. B. ALTERNATIVE ACTIONS: A motion to accept the EDA Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balance; 1997 Cash Flow Projections; and the Annual Activity Report as presented. A motion to deny acceptance of the EDA Balance Sheet; Statements of Revenues, Expenditures, and Change in Fund Balance; 1997 Cash Flow Projections; and the Annual Activity Report as presented. Recommendation is for alternative ql. Reason for the recommendation is that all reports are reported as true and correct; the budget is based on prrjections only; and thereafter, said motion would affirm compliance of City Ordinance Amendment No. 172. n SUPPORTING. DATA - Year -end statements; Activity report; 1997 cash flow projections for the EDA. p MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY l� GREATER MONTICELLO ENTERPRISE FUND (G EF) Statement of Revenues, Expenditures, and Changes in Fund Balance For the Year Ended December 31, 1996 RFVRNttF.S Appropriations — 1996 Liquor Fund $ 70,000.00 1996 UDAG $100,000.00 Interest Income - Notes $ 24,603.17 Interest Income - Investment (est.) $ 5,000.00 Interest Income - Investment (adj.) $ 9,026.47 Loan Fees • $ 2,550.00 Miscellaneous •' $ 4.246.44 TOTAL REVENUES EXPENDITURES $215,428.08 Legal Fees ••• $ 2,736.94 Professional Fees •••• $ 254.50 Service Fees $ 120.00 Int. Adjustment - Notes S 0 TOTAL EXPENDITURES S 3.111.44 Excess of Revenues Over Expenditures $212,316.64 FUND BALANCE - Beginning of Year 5729.853.94 FUND BALANCE - End of Year 942.170.58 C C Revenue - ADDENDUM q --Loan Fees: GMEF No. 011, Tapper's II $1,500.00 GMEF No. 013, SELUEMED $1.050.00 Subtotal $2,550.00 •• Miscellaneous: H -Window Company, legal fee reimbursement $1,257.00 (SCERG closing documents) Standard Iron, legal fee reimbursement $1,069.50 (Conflict of interest) Custom Canopy, legal fee reimbursement $ 318.92 (Subordination Agreement) Tapper's II, legal fee reimbursement $1,348.52 (Closing documents) Tapper's II, closing fees reimbursement S 254.50 Subtotal Expenditures: $4,248.44 T,egal Fees ••• Standard Iron, legal fee $1,069.50 Custom Canopy, legal fee $ 318.92 Tapper's II, legal fee $1.348.34 Subtotal $2,736.94 Professional Fees •••• Tapper's II, closing fees S 254.50 Subtotal $ 254.50 N Cash in Bank MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) Balance Sheet December 31, 1996 Notes Receivable - Tapper, Inc. Notes Receivable - Muller Theatre Notes Receivable - SMM, Inc. Notes Receivable - Aroplax Corp. Notes Receivable - Custom Canopy, Inc Notes Receivable - Standard Iron Notes Receivable - Vector Tool Notes Receivable - Tapper, Inc. Notes Receivable - SELUEMED Appropriations Receivables - 1996 Other 1996 Liquor Fund TOTAL ASSETS Fund Balance Reserved for Participation Loans (Economic Development) TOTAL LIABILITIES AND FUND EQUITY C $275,328.17 $ 73,076.85 -0- $ 43,184.08 $ 39,549.11 $ 37,432.88 $ 59,025.17 $ 48, 669.57 $ 98,591.36 $ 67,313.40 $100,000.00 S100.000.00 D X5942.170.58 $942.170.58 5942.170.58 9C.04 C MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY MONTICELLO ENTERPRISE FUND (GMEF) GREATER 1997 Cash Flow Projection BEGINNING CASH BALANCE, January 1997 RECEIPTS $275,328.17 Appropriations, Expected - SCERG $100,000.00 Notes Amortization Payments - Tapper Inc. ($736.07 Mo.) 8-97 $ 5,888.56 Notes Receivable $ 70,989.14 Muller Theatre -0- SMM, Inc. ($316.32 Mo.) 11-97 $ 3,479.52 Notes Receivable $ 41,350.00 Aroplax Corp. ($1,241.73 Mo.) 12-99 $ 14,900.76 Custom Canopy, Inc. ($269.03 Mo.) 6-98 $ 3,228.36 Standard Iron ($795.49 Mo.) 7-01 $ 9,545.90 Vector Tool ($380.18 Mo.) 11-00 $ 4,562.16 Tapper's II ($760.36 Mo.) 4-01 $ 9,124.32 SELUEMED ($1,031.01 Mo.) 9-03 $ 12,372.12 Interest Income - Investment $ 5,000.00 oan Fees $ 600.00 .tiiscellaneous S 1.000.00 TOTAL RECEIPTS $282.040.84 TOTAL BEGINNING BALANCE AND RECEIPTS EXPENDITURES $557,369.01 GMEF Loans - T.J. Martin, Inc $ 50,000.00 Hleer-Flo $ 70,000.00 Other $ 80,000.00 Notes Payable - Liquor Fund• $ 25,000.00 Legal Fees $ 1,000.00 Service Fees $ 80.00 TOTAL EXPENDITURES 5226.080.00 EXPECTED CASH BALANCE, December 1997 $331,289.01 • Review for authorization to reimburse October 1997 ig 1996 ECONOMIC DEVELOPMENT AUTHORITY ACTIVITY REPORT MEETING DATE SUBJECTS Annual Meeting EDA officers elected for 1996: held 1-23-96. President - Ron Hoglund Vice President - Barb Schwientek Treasurer - Rick Wolfsteller Assistant Treasurer - Harvey Kendall Secretary - 011ie Koropchak Accepted EDA 1995 Year -End Financial Statements and Activity Report. All existing GMEF loan paybacks are current. Reviewed the preliminary and formal GMEF applications from Standard Iron & Wire Works, Inc. Approved GMEF Loan No. 012 for Standard Iron b Wire Works, Inc. in the amount of $70,000 at 6.5% fixed interest rate and amortized over 7 years for equipment. Requested $1,257 reimbursement from H - Window for legal fees associated with the preparation of closing documents by Attorney Paul Weingarden. 4-23-96. Accepted letter of resignation from Harvey Kendall and accepted appointment of Ken Maus to the EDA as approved by the City Council. Elected Ken Maus as Assist Treasurer of the EDA for 1996. Denied a request to extend the diobursement date from May 28, 1996 to July 28, 1996, for GMEF Loan No. 011 for Tapper's, Inc. A $100,000 real estate and M&E loan. Received check in the amount of $1,257 from the H -Window Company. 8-6-96. Accepted Commiaaioner Demeuleo' statement of dieclooure that he woo one of three partnera in the SELUEMED Limited Liability Partnerohip which applied for a / GMEF Loan in the amount of $70,000. l (Loan No. 012, Null and void, July 23, 1996.) 474r C Reviewed the preliminary and formal GMEF application from Standard Iron & Wire Works, Inc. Approved GMEF Loan No. 013 for Standard Iron d Wire Works, Inc. in the amount of $70,000. 6.258 fixed interest rate, amortized over 7 years, M&E Loan. 14 new jobs, average wage $10.50. Disbursed from Liquor Fund. Approved a payback to the City in the amount disbursed from the Liquor Fund ($383,000). Annual payback in an amount not -to -exceed $50,000, provided the year- end GMEF non -committed balance is greater than $250,000. Paybacks subject to annual review and approval by the EDA. Requested no appropriation dollars from the City's Liquor Fund for Budget Year 1997. Amended GMEF Guidelines: LOAN FEE: Loan fee to be paid by the applicant to the EDA within 5 working days after City Council approval of GMEF loan. Non-refundable. NON-PERFORMANCE EXTENSION - The 180 -day non-performance date can be extended up to an additional 120 days: 1. A written request is received 30 days prior to expiration of the 180 -day non- performance date. 2. Approval of the EDA membership by majority vote. 10-24-96. Amended the termo of the Mortgage and Aooignment of Rent between Stephen Birkoland, Jr. and the EDA and authorized Attorney Bubul to prepare a Subordination Agreement placing GMEF Loan No. 006 in third position behind the Bank of Elk Rivera firot and second mortgage. Legal feeo for preparation and filing of the document the reoponoibility of the borrower, Birkeland, Jr. 9r C Council Agenda - 2124/97 Enclosed are the year-end fund balances of the UDAG and SCERG funds for review. The Urban Development Action Grant (UDAG) was a federal grant to the City of Monticello for a loan to Fulfillment Systems Inc. (FSI). The principal and interest pay back began in 1988 and will end in 2000. The entire principal and interest pay back is retained by the City and previously was dedicated as a source of funds for the GMEF. The Small Cities Economic Recovery Grant (SCERC) was a state grant to the City of Monticello for a loan to the Aroplaz Corporation. The principal and interest pay back began in 1992 and will end in 1999. The first $100,000 principal and interest pay back is retained by the City and previously was dedicated as a source of funds for the GMEF. The portion of the pay back retained by the City ended in January 1997. Both the UDAG and SCERG pay backs are current. These reports are for informational purposes only and require no action by the City Council. Koropchak will provide additional comments at the Council meeting. 18 URBAN DEVELOPMENT ACTION GRANT (UDAG) - FSI FINANCIAL REPORT December 31, 1996 Payback began in January, 1988 for 12 years ending in January, 2000. Annual principal and interest payback total is $27,971.40. GRANT TOTALS ORIGINAL PAID REMAINING Principal $256,957.71 $181,465.45 $75,492.26 Interest $78,700.35 $70,277.15 $8,423.20 TOTAL $335,658.06 $251,742.60 $83,915.46 REVENUES Principal Payback $181,465.45 Interest Payback $70,277.15 Interest Income - Investment: 1990 $6,342.02 1991 $8,593.59 1992 $8,436.32 1993 $5,227.10 l 1994 $3,756.77 1995 $12,297.72 1996 Transfer from GMEF - (company] Transfer from GMEF - (company] TOTAL REVENUES $296,396.12 R EXPENDITURES 1991 Transfer to GMEF $65,000.00 1992 Transfer to GMEF $20,000.00 1993 Transfer to GMEF $42,500.00 1996 Transfer to GMEF (Tappers) $100,000.00 TOTAL EXPENDITURES $227,500.00 FUND BALANCE FOR ECONOMIC DEVELOPMENT $8.899x2 UDAG.WK1: 02107/97 ,a A SMALL CITIES ECONOMIC RECOVERY GRANT (SCERG) • AROPLAX FINANCIAL REPORT December 31, 1996 Payback began in December, 1992 for 7 years ending in November, 1999. Annual principal and interest payback total is $29,801.40. First $100.000 principal payback ends January. 1997. GRANT TOTALS ORIGINAL PAID REMAINING Principal $170,000.00 $98,030.01 $71,969.99 Interest $37,969.92 $23,659.14 $14,310.78 TOTAL $207,969.92 $121,689.15 $86,280.77 Jan.1997 Principal $170,000.00 GMEF $100,000.00 STATE $70,000.00 Interest $29,634.75 $24,008.11 $5,626.64 TOTAL $199,634.75 $124,008.11 $75,626.64 Grant must be expended by December 31. 1994, up to $170,000. EXPENDED: $116,556.75 1993 $16,996.18 1993 $12,356.59 1993 $4,021.10 1/18M $15,132.50 4/13/94 $4,936.88 7/20/94 $170,000.00 REVENUES Principal Payback $98,030.01 Interest Payback $23,659.14 Interest Income • Investment: 1993 $1,061.92 1994 $1,256.00 1995 $5,475.97 1996 $0.00 TOTAL REVENUES $129,483.04 EXPENDITURES Transfer to GMEF $0.00 TOTAL EXPENDITURES $0.00 FUND BALANCE FOR SMALL CITIES GRANT $125 30 SCERO•A.WKI: =7/97 ,� 6 f GMEF Cash Balance $275,328.17 UDAG Cash Balance $ 68,896.12 SCREG-Aroplax Cash Balance $129,483.04 Subtotal $473,707.33 Less Liquor Fund Reimbursement $ 25,000.00 TOTAL AVAILABLE FOR 1997 $448,707.33 C to 0 d ECONOMIC DEVELOPMENT AUTHORITY FUND (BDA) FINANCIAL. REPORT December 31, 1996 GMEF lawn lull -Tapper's: SK8,01MI at 8% amortized 20 years; balloon 7 years. INVESTMENT INTEREST EARNINGS: GMEF loan 002 - Muller Theatre: $50,0(x) at 8 amortized 20 years; balloon 5 years. 1990 $16.00 GMEF Loan QW - Barger's: $50,810 at 15%amortized 20 years; balloon 5years. 1991 $696.78 GMEF Loan W5 - Schoen's: $1L5,111MI at 6% amortized 7 years. 1992 $663.02 GMEF Loan (Hifi - Birkeland: $42,5110 at 4551 amortized 20 years; ballcnm5 years. 1993 $2,017.48 GMEFLoan(W- Demenles: $75,liM)at5%amortized 7years. 1994 $2,839.86 GMEF Wan 010 - Blue Chip: $SO,lMlll at 6.7511 amortized 20 years; balloon 5 years. 1995 $11,926.47 GMEF Loan 011 - Tapper's: S1txIAXX1 at 6.75% amortized 211 years; balloon 5 years. 1996 $0.00 GMEF Loan 013- Standard Iron: $70,1MM1 at 6,25% amortized7years. TOTAL $18,161.61 ORIGINAL LOAN EHINCIPAL PAID BALANCE REMAINING WIEREST PAID Tapper/Genereux (1990) $88,000.00 $14,923.15 $73,076.85 $41,754.12 Muller/Monti Theatre (1990) $50,000.00 $50,000.00 $0.00 $13,639.95 Barger/Suburban (1992) $50,000.00 $6,815.92 $43.184.08 $8,696.01 Schoen/Aroplax (1992) $85,000.00 $45,450.89 $39,549.11 $15,393.88 Birkeland/Custom Can (1993) $42,500.00 $5,067.12 $37,432.88 $6,501.17 Demeules/Stand Iron (1993) $75,000.00 $15,974.83 $59,025.17 $8,685.36 Blue ChipNector Tool (1995) $50,000.00 $1,330.43 $48,669.57 $3,611.91 Tapper's (1996) $100,000.00 $1,408.64 $98,591.36 $3,913.88 Standard Iron (1996) l$70.000.00 $2,686.61 $67,313.39 1,437.43 TOTALS 00.00 $148,657.59 $81,50 $466,842.41 $103,633.71 EDA. WK 1: 02/07/97 I C GREATER MONTICELLO ENTERPRISE FUND (GMEF) LOAN STATUS December 31, 1996 Economic Development Authority (EDA) was created in 1989. APPROVED LOANS Tapper/Genereux(1990) $88,000.00 Muller/Monti Theatre (1990) $50,000.00 Barger/Suburban 11004 (1992) $50,000.00 Schoen/Aroplax #005 (1992) $85,000.00 Birkeland/Custom Canopy #006 (1993) $42,500.00 Demeules/Standard Iron #007 (1993) $75,000.00 Blue Chip DevNector Tool #010 (1995) $50,000.00 Tapper's #011 (1996) $100,000.00 Standard Iron/Seluemed #013 (1996) $70,000.00 TOTAL APPROVED LOANS LOAN_DISBI Liquor Fund: 1991 to Tapper $73,000.00 1992 to Suburban $50,000.00 1992 to Aroplax $65,000.00 1994 to Standard Iron $75,000.00 1995 to Vector Tool $50,000.00 1996 to Standard Iron $70,000.00 Total Liquor Fund $383,000.00 UDAG Fund: 1991 to Tapper $15,000.00 1991 to Muller $50,000.00 1992 to Aroplax $20,000.00 1993 to Custom Canopy $42,500.00 1996 to Tapper's $100,000.00 Total UDAG Fund $227,600.00 TOTAL LOAN DISBURSEMENTS GMEF.WKt : OV07197 $610,500.00 $610,506.00 nor Council Agenda - 2/24/97 11. Consideration of authorization to purchase a vehicle for the Ruilding Inspwtio c Deoartment/Develonment ServicesAs authorized In the 1997 City Bu g 2 (F.P. ) A FF .RF.N .F. AND BACKGROUND: The 1997 budget provides for $14,000 to be used for the purchase of a vehicle to be used by the Building Inspections Department and Development Services staff. If approved, this action will authorize staff to expend that budgeted amount to purchase a vehicle. Currently one vehicle is dedicated to full-time use by the Building Inspector for field inspections. The Chief Building Official and other Development Services staff have been using personal vehicles for field inspections and other field -related work. As the building season approaches, requests for field inspections will increase. Staff has determined that it is now time to acquire the budgeted second vehicle. Based on the field inspections use of the existing Dodge Caravan vehicle, it has been determined that this type of vehicle is easily maintained, highly durable, and offers flexibility in use. At the same up -front and operating cost as a sedan or truck type vehicle, it very practically accommodates storage of field inspection tools and equipment, as well as comfortable multiple person occupancy. The front wheel drive of the Dodge Caravan offers excellent development site accessibility and road safety throughout the year. Three quotes have been received for the purchase of a used 1993 Dodge Caravan. Two are from out-of-town dealers and one is from a local dealer: BASF. VEI IVLF. DEAi.Pg PRICE I9B3 Dodge Caravan A.M. Maus and Sons, Inc. $12,950.00 Dark Green/Gray Ext. 100 Maus Drive w/ 80,000 miles Kimball, MN Warranty to 7 yre/70,000 mi. 1983 Dodge Caravan Ninety -Four Services, Inc. $13,100.00 White/Grey Ext., L. Blue Int. 118 East Oakwood Dr. w/ 48,040 miles Monticello, MN Warranty to 7 yre/70,000 mi. 1993 Dodge Caravan Buffalo Chrysler, Inc. $14,890.00 White/Grey Ext., i.. Blue Int. Hwy. OB w/ 88.000 miles Buffalo, MN Warranty: 30 days, 3,000 mi. 19 Council Agenda - 2/24(97 City Council may approve this request and authorize the purchase of the 1993 Dodge Caravan from Ninety -Four Services, Inc., 118 East Oakwood Drive, Monticello, Minnesota, in the amount of $13,100 plus sales tax, title transfer, and license. City Council may authorize the purchase of the lowest priced vehicle or determine reasons and authorize the purchase of any of the quoted vehicles. City Council may deny this request. r STAFF F..O F.NDATION: The City Administrator recommends approval of Alternative Y1, approval of this request and authorize the purchase of a 1993 Dodge Caravan from Ninety -Four Services, Inc., 118 Oakwood Drive, Monticello, Minnesota, in the amount of $13,100. Written quotes from vehicle dealers. 20 CA.M. Maus and Son Inc. ...MC'3 That SaUsties' 100 Maus Drive Tel. (320) 388-3210 P.O. Box 130 Fax (320) 388.3212 Kimball. MN 55353 1 q(3 0004Je Gra.,c1 Cu-ovo., L t Ilse. Ne•• 4 + Rlc / 4�1 Se. tr 199.3 0cOPjs (�`.-.•..d� (a�n,�.. SC 1993 OoA3, C"a,..4 C' .41 - S0,004 /yi;/.f / G•sen Rep. `.1•a+ 441C., Quoo seatr Chrysler. Dodge a Pfymo�� "ho Car Wish sq, 1/0+ k LL Ninety -Four Services, Inc. "Service Is In our Name" HEM= PO PO BOX 70 118 East Oakwood Drive Monticello MN 55382 812-295-5110 Fax 812-295-0055 DATE: February 10, 199 To: Ship To: CITY OF MONTICELLO CITY OF MONTICELLO 250 EAST BROADWAY 250 EAST BROADWAY MONTICELLO MN 55382 MONTICELLO MN 55382 SALESPERSON P.O.GNAURMBER SHIPPED VIA F.O.B. POINT DATE211015 G. HO I 9PPED I I I I 1DAYS QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 1993 Dodge Caravan, White and Grey, 45040 miles, list. 098 JAR $13,100.00 $13.100.00 0 VIN 1B4GH54ROPX595315 $ 000 $ 000 $ 000 $ 000 $ 000 1 DOCUMENT 8 ADMINISTRATIVE FEES $ 25.00 S 25.00 SUBTOTAL $13.12500 SALES TAX $85150 SHIPPING & HANDLING TOTAL DUE $13.97650 Make all checks payable to: Ninety -Four Services. Inc. It you have any questions concerning this Invoice, COO: Joe at 812-295-5110 THANK YOU FOR YOUR BUSINESSI C i18 FEB -20-1997 11:09 HDMJ.M ENTERPRISES 6122950055 P.O1/01 c A uffala*M__M( 682-1800 000"Am"' >a ser•e�l,lawu UN Waft I.4C10=4= 0 MUNIff .1 ..� C 1993 Dodge Grand Caravan LE Wagon White toUndcr Gu AatomaUc'haas. 7 Pessenger MrCuaditloutoQ Poker Stoefint moor Wiodnas Pear Door 14dw Cruise Cootwl AM/FM Sic= Gusette 2 111IIucketfCotchaln B44Y side Molding Clrarclut Paint )ked Iq�ccHm '[tip odometer Power Mleors Rear Windaw Delliwter Remote lhwk Rd= Power Sam 71mclttlmcter Blue Bonk Sanested Retail $111,745 Dealer Suggested Selling Price $14,890 On -Fab 1007 Cotler etlr mod COMM Volume for Illnlpnr Values w abjcehe opinlre. Cotler idle est erre no reepwathit lqr for erre or a•IMlerr CC) egrlat Cotter flue Doak 1077, 411 PIOU renowd TOTAL P.O1 Council Agenda - 2/24/97 12. Consideration of change order pulley for the wastewater treatment Flant exnansiogPrniect Aga -14C. (J.S.) A REFERENCE AND BACKGROUND: One of the possible delay -causing issues regarding the wastewater treatment plant construction which was identified during the partnering workshop was timely approval of key change orders. The schedule for the wastewater treatment plant is extremely tight, often calling for various trades to be working in areas side by side or one right after the other. Once concrete has begun pouring at the project, there are in excess of 22 concrete slab pours and 39 wall pours for the SBR construction. If a problem surfaces which needs a change order requiring additional costs, time may be of the essence. On past projects, the City Engineer and/or City staff have approved such change orders and brought them to the City Council hoping that the City Council would approve the change order, as in most cases the work had already been done. City staff, HDR, and the general contractor, A & P, would like the City Council to approve a policy to handle such change orders in the field where necessary, that would have the approval of the City Council. A policy that has worked for the City of St. Cloud allows the Director of Public Utilities to approve an individual change order on site, not to exceed an amount of $10,000; and Cho cumulative amount of any change orders not to exceed $50,000 without prior council approval. The process that we propose is that the City Administrator and Public Works Director would approve and authorize individual change orders on the project when bringing them to the City Council could cause delay, based upon the single amount of $10,000 and the maximum cumulative amount of $50,000. In the absence of the City Administrator, the Public Works Director would have the authority to make the decision on the change order; and in the absence of the Public Works Director, the City Administrator would have the authorization to do so. Otherwise, during all other instances, to approve timely change orders they would work together to make the authorization. The change orders made under this scenario would Chen come before the City Council on the consent agenda at the next available meeting. A copy of Cho proposed resolution is enclosed for your review. The first alternative would be to approve the change order policy in the form of a resolution as enclosed for the wastewater treatment plant project. C Council Agenda - 2/24/97 The second alternative would be to modify, but approve the change order policy. The third alternative would be not to approve a change order policy. STAFF RECOMMFNDATION: It is the recommendation of the City Administrator, Public Works Director, HDR, and the contractor, A & P, that the City Council authorize the change order procedure as outlined in alternative #1. D. SUPPORTING DATA: Copy of proposed change order policy for the wastewater treatment plant project. 22 fResolution No. 1997 - 09 RESOLUTION CONCERNING THE ADMINISTRATION OF CHANGE ORDERS IN RESPECT TO THE CONTRACT FOR THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT H93 -14C WHEREAS, the City Council awarded the Wastewater Treatment Plant Expansion Project #93-14 C to Adolfson & Peterson Const., Inc. by Resolution 1996-51, on December 18, 1996; and WHEREAS, from time to time during the construction project it may be necessary to make changes in the project because of unforeseen conditions, unavailability of materials, minor changes in the scope of the project that are deemed to be in the best interest of the City, changes in construction requirements imposed by state and federal governments and necessary design changes; and CWHEREAS, it is usually necessary to make such changes expeditiously as the need is determined. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: That the City Administrator and/or the Public Works Director are authorized to execute change proposal requests in an amount not to exceed $10,000 for any individual change proposal or in an aggregate amount of $50,000 for multiple change proposal requests, The City Administrator and/or Public Works Director may again approve additional requests under the same limits only afler having fully informed the Council of the nature and amount of previously approved change proposals. This authorization is only in respect to the Wastewater Treatment Plant Expansion Project tt93.14C under the City's contract 96-51 with Adolfson & Peterson Const., Inc. ccir¢cwwa�ayu+c�r�r c'xu .PAGE t IZ #4 i BE IT FURTHER RESOLVED that the Mayor and City Administrator are authorized to execute change orders in an amount not to exceed $10,000 for any individual change order or in f an aggregate amount of $50,000 for multiple change order requests. The Mayor and City Administrator again approve additional requests under the same limits only after having fully informed the Council of the nature and amount of previously approved change orders. This authorization is only in respect to the Wastewater Treatment Plant Expansion Project #93-14C under the City's contract with Adolfson & Peterson Const., Inc. Adopted this 24th day of February, 1997. c aa.n cav-PAGE 2- 126 1 Council Agenda - 2/24/97 ., ,: r: ,, , :�, :, ✓ ,: :iii: , , •N 7i , r,, ,1 r.�Mww - M :., :., , .i A, RF.FFRFNCF AND RACKGROUND: The City of Monticello staff, along with HDR, Professional Services Group, Adolfson & Peterson, and their subcontractors, recently attended a two-day partnering workshop to further the development of a team approach to construction of the wastewater treatment plant. As part of this workshop, potential problems with the project's schedule, budgets, construction quality, coordination of work, and inspection were among the top items discussed. Many potential problems were identified and plans were put in place to work through issues. The entire Monticello partnering team then developed a charter for the project, which is enclosed for your review. As part of this partnering project, many discussions centered around budgets; not only the City's budget, but those of the general contractor, engineer, and many subcontractors. While cost-saving measures do appear once in a while in these projects, the majority of change orders usually involve additional costs. Other "metro" projects have used value engineering or construction incentive change proposals to assist in lowering the project's cost to stay within budget. What this basically does is after a specific cost- saving measure originates from a contractor and is improved by all parties end the implementation costs are subtracted from the savings, the savings are split 60/60 between the City and the contractor. This is for any single change that is less than $100,000. Any changes resulting in a total savings of more than $100,000 are negotiated individually. The Monticello Wastewater Treatment Plant partnering team would like the City Council to consider adding an amendment to A & P's contract to include construction incentive change proposals. A copy of the proposed amendment is included in your packet. This will be a very useful tool to keep the project in budget. By referring to the enclosed proposed contract amendment, it can be seen that there aro strict specific conditions which such cost-saving methods must follow. They cannot not have a negative impact on the wastewater treatment plants longevity or its operation and maintenance costs, and will he hrnught to the Council in the form of a change order. R ALTFRNATIVF ACTIONS: 1. The first alternative is to approve an amendment to A & P's contract adding the construction incentive change proposal as enclosed. 23 N Council Agenda - 2/24/97 2. The second alternative would be to approve the construction incentive change proposal with changes suggested by the City Council such as the cost-sharing formula or other sections. The third alternative would be not to approve an amendment to A & P's contract for the construction incentive change proposal. O. STAFF O MF.NDATION: It is the recommendation of the City Administrator, Public Works Director, HDR, PSG, and the contractor and his subs that the City Council approve the request as outlined in alternative N1. n RUPPORTINC DATA: Copy of Amendment #1, Construction Incentive Change Proposal; Copy of Monticello partnering team charter. 24 DRAFT AMENDMENT 1 miwr ro m Mnw TIS COMIQI p M COCmURC�C�Ii CONSTRUCTION INCENTIVE CHANGE PROPOSAL 1.1 DEFINITIONS: The following definitions shall apply to this Article: Construction Incentive change Proposal (CICP) means a formal written proposal for a Change Order which is intended to result in a net capital cost reduction while causing no increase in the life cycle cost of the Project. 1.1.2 Initial Construction Cost means the estimated construction cost for constructing the item(s) as designed. 1.1.3 Revised Construction Cost means the estimated construction cost for constructing the item(s) as changed by the CICP. 1.1.4 Development Cost means those costs, incurred by A & P, which are directly associated with the preparation of the CICP, are documented consistent with CITY requirements and are approved by HDR. Development costs incurred by A & P will be paid out of their share of net savings. 1.1.5 Implementation Cost means those costs, incurred by the CITY, for reviewing and redesigning the changes. Implementation costs will include, when appropriate, Consultant's fees. CITY and other governmental agencies costs for processing the CICP are excluded. 1.1.6 Total Savings means the difference between the Initial Construction Cost and the Revised Construction Cost, or, the total amount of money that could be saved if the CICP were implemented. 1.1.7 Net Savings means that portion of the Total Savings which remains after the CITY'S Implementation Cost have been subtracted. 1.2 GFNFRAh: A & P may submit CICP's during construction of the Project. A CICP shall be initiated, developed, and identified as such by A & P. 1.3 APPLICATION: A CICP shall meet the following conditions: 1.3.1 The required function, performance, appearance, reliability, flexibility, and safety of the Projcct shall be maintained. 1.3.2 'the proposed change shall not cause any delay to the completion date of the C WORK. c nrrcnorrararnrmwo civ - PAGE 1- 1314' 1.3.3 The proposed change shall be in compliance with local permits and regulations. 1.4 CONTENTS OF PROPOSAL: The CICP shall contain pertinent information and supporting documents for the evaluation by the CITY. The CICP shall contain, as a minimum, the following information: 1.4.1 Name of individuals associated with the development and preparation of the CICP. 1.4.2 A detailed description, including plans and specifications of the present design and the proposed changes. Clear identification of, and advantages and disadvantages for, each change. 1.4.3 A procedure and schedule for implementing the proposed change. This shall include all necessary amendments and the latest date of the CICP must be approved for implementation. The schedule for implementation shall also define the interrelationship with he overall construction schedule and identify all impacts to same. 1.4.4 A summary of costs which contains the estimated construction costs before and after the CICP and includes the following items for the CICP: (1) Quantities of materials and equipment. (ii) Unit prices of materials and equipment. (iii) Labor hours and rates for installation. (iiii) Subcontractor and A & P markups. 1.4.5 An estimate for any known differences in operation and maintenance costs before and after the CICP. 1.4.6 Time period provided for the CITY to act upon the proposed change before A & P will withdraw the CICP due to time constraints on the overall Project schedule. This time period shall be no less than thirty (30) calendar days. 1.5 LU,RMISSION AND REVIEW: The CICP shall be submitted in duplicate to HDR. Proposals will be reviewed by the CITY to determine if the proposed change is acceptable. The CITY will not be liable for any delay in acting upon any CICP submitted pursuant to this ARTICLE I. The CITY may, at its discretion, too any CICP submitted by A & P. A & P may withdraw, in whole or in part, any CICP not accepted by the CITY within the period specified in the CICP. The CITY will not be liable for any costs incurred by A & P in developing a CICP if the CICP is rejected by the CITY or withdrawn by A & P. PAGE 2- 156 1.6 COST SHARING: If the CITY accepts a CICP, a Change Order will be executed and will adjust the Contract Price in accordance with the following formulae: For Total Savings of S 100,000 or leu Net Savings shall be determined as: Net Savings = initial Construction Cost - Revised Construction Cost - Implementation Cost A & P's Share 0.5 (Net Savings) City's Stwe = 0.5 (Net Savings) The Change Order will indicate the Initial Construction Cost, Revised Construction Cost, Implementation Cost and will calculate the Net Savings, A & P's Share, and CITY's share. The Change Order will be written as a deductive amount equal to the CITY's Share and Implementation Cost. For Total Savings greater than $ 100,000, Shares of Cost Savings will be negotiated between the City and A & P c�or.uua.wucrr..00M.o m� . PAGE 3- 1 S 13 Cr✓ WASTEWATER TREATMENT PLANT EXPANSION MONTICELLO, M WESOTA THE PARTNERING TEAM CHARTER MISSION STATEMENT: We, the Montfeello Partnering Team, commit to a cooperative effort to build a high quality W WTP In a timely manner and within budgets. OUR PARTNERING GOALS INCLUDE: • Maintain a safe work environment with gq lost time accidents. • Meet or eseeed owners expectations for high quality workmanship & performance. • Practice open and honest eommunicatlon. • Mat milestones for project eompletion. • Completion of the project within budgets by cooperative & innovative efforts. • Timely submittal and review of a0 documentation. • Resolving Issues and concerns at the closest possible level to the field. • Meet all diluent standards during construction. Q • TEAMWORK We commit ourselves to work together as friends through a spirit of mutual trust, respect and cooperation. 13.b Council Agenda - 2/24/97 �p 14. Cooaideration of authorizing ■n ing of Riverfest fireworks iso av- 11 (J.O.) As you may know, in 1996 the City funded the fireworks display that occurred on Sunday of the Riverfest weekend. The fireworks were shot off at the Middle School. The event was a success, and funds were budgeted for fireworks in 1997. Council was asked to consider authorizing the expenditure of these funds for the fireworks display ($10,000) and is asked tc determine whether or not it would like to provide input to the Lions Club as to the date and location of the fireworks display. There have been some that wished that the fireworks were conducted along the river, thus keeping the activities of Riverfest downtown and in the river district area. It has also been noted that perhaps we can keep people in town that weekend by scheduling the fireworks for Saturday evening versus Sunday evening. have not discussed this with anyone in the Lions Club; however, it appears that the Middle School location and the Sunday evening time slot may be preferred by the Lions Club. The question is, does City Council want to request or strongly recommend that the fireworks be conducted at a different �( location and time? This particular issue was discussed last year; and at that time, it was thought that the crowd control and traffic issues required that the fireworks be displayed at the Middle School. Does the City Council want to challenge this assumption regarding problems with traffic and consider recommending that the fireworks be displayed along the river? B_ ALTERNATIVE ACTIONS: 1. Motion to authorize funding of Riverfest fireworks display and allm the ions Club to s nhlish the fireworks 1 .rn :on and date nFi it s ra 2. Motion to authorize funding of the Riverfest fireworks display and make n recommendation with regard to the location and time for the fireworks display. Motion is contingent on determining a feasible location for the display along tho river. 3. Motion to authorize funding of the fireworks display and make the Ihn ing continfrent on establishment of a date and location for the fireworks display as selected by the City Council. Motion is contingent on determining a feasible location for the display along the river. 4. Motion to deny funding for the fireworks display. 25 Council Agenda - 2(24/97 It is the recommendation of the City Administrator to recommend to the Lions Club altemative #2, that the fireworks be displayed at a river location. It is our view that traffic will be somewhat of a problem but manageable for this single event. The City has 36 -ft wide streets in the area of the old part of Monticello, which provides for parking and traffic movement during this special once-a•year event. Furthermore, Riverfest is a celebration of Monticello and its location on the river, therefore, it would make more sense to keep the celebration along the river's edge. Finally, this all may be a moot point because we are not certain at this time whether or not it would be possible to conduct a fireworks display along the river. I know in years past, fireworks have been displayed in the area of the Hospital District property; however, it is not known at this time if the City or Lions Club would be able to obtain a permit for a riverfront display of fireworks. If it is impossible to find a site along the river, then the location would need to be shifted back to the Middle School. None. A R 26 RRC FINANCIAL SYSTEM 1/22/97 07:45:05 WARRANT DATE VENDOR GENERAL CHECKING 41766 01/21/97 HARRY'S AUTO SUPPLY 41766 01/21/97 HARRY'S AUTO SUPPLY 41808 01/21/97 WRIGHT COUNTY DEPT 0 41808 01/21/97 WRIGHT COUNTY DEPT 0 41811 01/21/97 MN DEPART OF NATURAL 41812 01/21/97 MN DEPT OF TRADE & E 41813 01/21/97 U.S. POSTMASTER 41814 01/21/97 NORTHERN STATES POWE 41814 01/21/97 NORTHERN STATES POWE 41814 01/21/97 NORTHERN STATES POWE 41814 01/21/97 NORTHERN STATES POWE 41814 01/21/97 NORTHERN STATES POWE 41814 01/21/97 NORTHERN STATES POWE Cisbursement Journal DESCRIPTION AMOUNT 78 CORRECT YEAR 140.16C R 78 *FY* 140.16 0.00 275 *FY* 5,637.79 275 CORRECT YEAR 5,637.79CR 0.00 118 MATER/SNOW/ATV REG 1,218.00 359 ARUPLA% SCERG GRANT P 164.70 210 POSTAGE/PUBLIC WORKS 64.00 148 UTILITIES 21110.55 148 UTILITIES 42.71 148 LITTLITIES 4,995.47 148 UTILITIES 30.83 148 UTILITIES 11.13 148 UTILITIES 518.63 7,708.32 41815 01/21/97 MN DEPART OF REVENUE 119 *FY* 41815 01/21/97 MN DEPARI OF REVENUE 119 *FY* 41815 01/21/97 MN DEPART OF REVENUE 119 *FY* 41815 01/21/97 MN DEPART OF REVENUE 119 *FY* 41816 01/21/97 GIUSER 41817 01/21/97 PATCH/FRED 41817 01/21/97 PA1CH/FRED 41018 01/21/97 ANDERSON & ASSOCIATE 41810 01/21/97 ANDERSON & ASSOCIATE 41810 01/21/87 GF.LSAAS/ROGER 41020 01/21/07 BRAUN INTERTEC CORPO 41021 01/21/97 CENTURY LAGS 41022 01/71/07 DOUBLE D ELECTRIC 41022 01/21/97 DOUBLE 0 ELECTRIC 0.32CP, 9.67 1.307.46 21.19 1.338.00 1030 REG FEE/C SHUMAN 15.00 1130 SALARY CONTRACTING 1.239.84 1130 MILEAGE REIMD 56.47 1,296.31 10 STREET SIGNS 1,061.26 10 BLD INSPECTION SUPPLI 115.00 1.176.26 .90458 REIMB/MAILOAK DAMAGED 62.20 630 *FY* 1,000.00 216 *FY* 467.54 005 *FY* 56.00 005 REPAIRS/PARKS BLD 96.00 112.00 * w 11 ERC FINANCIAL SYSTEM 1/22/97 07:45:05 WARRANT DATE VENDOR GENERAL CHECKING 41823 01/21/97 EMERGENCY APPARATUS 41824 01/21/97 FLICKER'S T.V. & APP 41825 01/21/97 FRETTY UPHOLSTERY 41826 01/21/97 GLUN2/RAV 41826 01/71/97 GLUM/RAV 41827 01/21/97 GULLING$, EXC. 41828 01/21/97 KOROPCHAK/OLIVE 41829 01/21/97 LARSON/KEN 41930 01/21/97 LEAGUE OF MN CITIES 41830 01/21/97 LEAGUE OF MN CITIES 41830 01/21/97 LEAGUE OF MN CITIES ` 41831 01/21/99 LIQUOR STORE FUND 41837 01/21/97 MARCO BUSINESS PRODU 41933 01/21/97 MONTICELLO ROTARY 41833 01/71/97 MONTICELLO ROTARY 41834 01/21/97 PRELISSE'S CLEANING S 41834 01/21/97 PREUSSE'S CLEANING S 41834 01/21/97 PKEUSSE'S CLEANING S 41835 01/71/97 PROFESSIONAL SERVICE 41836 01/21/97 OUSER 41037 01/71/87 STRATEGIC TECHNOLOGI 41030 01/21/97 TDS TELECOM 41830 01/21/07 IDS TELECOM 41030 01/21/97 TDS TELECOM 41090 01/71/07 IDS TELECOM 41030 01/21/97 TDO TELECOM 41030 01/21/87 TDS TELECOM 4 103 0 01/21/97 TOO TEL CCOM 41930 01/21/97 TDS TELECOM 41030 01/21/07 TOO TELECOM 41090 01/21/07 IDL, TE1 ECOM Disbursement Journal DESCRIPTION AMOUNT 480 FIRE DEPT VEHICLE R 1,241.67 60 BATTERIES/PW INSPECTIO 12.67 1128 REUPHOLSTER CHAIRS/LI 285.00 1107 GRAVE DIGGINGS/CEMETE 325.00 1107 *FY* 75.00 400.00 624 *FY* 2,250.00 97 REIMB/EXPENSES 77.97 .90457 REIMB/DAMAGED MAILBOX 17.46 243 *FY* 862.00 243 *FY* 1,038.00 243 *FY* 73.000R 1,847.00 *, 100 *FY* 215.00 106 WALLS/CITY HALL 571.76 130 MEMBERSHIP DUES/OLLIE 230.00 138 MEMBERSHIP DUES/JEFF 213.00 1-11 443.00 173 CITY HALL CLEANING 460.00 173 OEP REG CLEANING 120.00 173 P WORKS CLEANING 150.00 730.00 it 175 *FY* 1,331.00 1030 MEMBERSHIP DUES 00.00 1170 DEP REG MTC AGREEMENT 007.00 053 PHONE CHARGES 329.01 053 PHONE CHARGES 76.76 953 PHONE CHARGES 151.44 053 PHONE CHARGES 131.11 953 PHONE CHARUES 110.00 053 PHONE CHARGES 50.74 953 PHONE CHARGES 59.32 053 PHONE CHARGES 101.02 953 PHONE CHARGES 40.97 053 PHONE CHARGES 50.74 1-11 RRC FINANCIAL SYSTEM f1/22/97 07:45:05 [WARRANT DATE VENDOR GENERAL CHECKING 41838 01/21/97 TDS TELECOM 41838 01/21/97 TOS TELECOM 41839 01/21/97 VIKING PIPE SERVICES 41839 01/21/97 VIKING PIPE SERVICES 41839 01/21/97 VIKING PIPE SERVICES 41839 01/21/97 VIKING PIPE SERVICES 41840 01/21/97 WOOLHOUSE/MARV 41841 01/21/97 WORD PERFECT 41842 01/21/97 WRIGHT COUNTY AUDITO 41843 01/21/97 WRIGHT-HENNEPIN COOP 41844 01/21/97 ZIEGLER, INC. GENERAL CHECKING C Disbursement Journal DESCRIPTION AMOUNT 953 PHONE CHARGES 842.48 953 PHONE CHARGES 116.41 2,026.00 214 *98* 300.87 214 x96* 604.18 214 *96* 230.00 214 *96* 187.45 1,322.50 1131 SNOW REMOVAL/CITY HAL 475.00 1016 SUBSCRIPTION/P WORKS 27.97 219 SHERIFFS CONTRACT 26,956.00 512 UTILITIES/BOHANON WHSE 9.54 425 STREET PART REPAIRS 175.72 TOTAL 56,521.39 *1 P•kC FINANCIAL SYSTEM 01/28/97 23:52:08 WARkA NT DATE VENDOR GENERAL CHECKING 4184 5 01/29/97 MN DEPART OF NATURAL 41846 01/29/97 U.S. POSTMASTER 41846 01/29/97 U.S. POSTMASTER 41847 01/29/97 MN DEPART OF NATURAL 4194 8 01/29/97 A T & T WIRELESS SER 41849 01/29/97 ANDERSON/GARY 41850 01/29/97 ARAMARK 41831 01/29/97 CELLULAR 2000 OF ST 41851 01/29/97 CELLULAR 2000 OF ST 41851 01/29/97 CELLULAR 2000 OF ST 41051 01/29/97 CELLULAR 2000 OF ST 410`,? 01/29/97 CENTRAL MINN INIIIAT 418'-,3 01/29/87 EMERGITEK CORPORATIO 4101,4 01/29/97 FIRE ENGINEERING 41855 01/29/97 FIRE INSTRUCTORS ASS 410`.,6 01/29/07 GIRARD'£ DUSINE;S MA 410`j7 01/29/97 HF.RME5/JERRY 410:0 01/29/07 HOISINGTON KOEGLER G 410`l9 01/29/07 HOLIDAY CREDIT OFFIC 41060 01/20/07 K MART I,TORE 41001 01/23/97 LITTLE FALLO MACHINE 41002 01/29/07 LUKACH/JOHN 410Ci? 01/29/97 1-1I14ACH/JOHN 410(,? 01/20/07 LUKACH/JOHN 41002 01/20/97 LUKA';H/JOHN ( 410,3 01/20/07 MN DEPT OF TRADF. 8 L Disbursement Journal DESCRIPT]011 AMOUNT 118 WATER/SNOW/ATV REG 1.130.00 210 *FY* 183.87 210 *FY* 183.87 367.74 118 MATER/SNOW/ATV REG 904.00 15 BLD INSPECTION PHONE C 51.04 11 TRAVEL REIMB/SEMINAR 6.15 848 CITY HALL SUPPLIES 177.00 794 CAR PHONE CHARGES 63.05 794 CAR PHONE CHARGEE, 3.12 794 CAR PHONE CHARGES 25.95 794 CAR PHONE CHARGES 14.89 107.01 822 CMIF GRANT PYMT 1.100.21 1085 'FY* 111.54 57 SUBSCRIPTION/FIRE DEPT 19.95 365 TRAINING SUP/FIRE OEP 116.47 1133 *FY* CHECK SIGNER/C 1,346.16 81 LIBRARY CLEANING PYMT 227.50 1083 *FV* 14,096.15 05 GAS/FIRE OEP1 02..14 460 FIRE DEPT SUPPLIES 33.44 700 MTC OF VEH/SNOW b 11,009.71 327 MILEAGE RE IMF 15.57 327 MILEAGE REIM13 5.19 327 MILEAGE RE]MD 5.10 327 MILEAGE RE IW 5.10 31.19 390 A!701,I AX SCERG GRANT 2.403.45 Em P-kC FINANCIAL SYSTEM �T1/28/97 23:52:08 WARRANT DATE VENDOR GENERAL CHECKING 41864 01/29/97 MN U.C. FUND 41865 01/29/97 MONTICELLO ANIMAL CO 41866 01/29/97 MONTI,CELLO SENIOR Cl 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41867 01/29/97 NORTHERN STATES POWE 41868 01/29/97 PETERSON GRIMSMO FUN 41069 01/29/97 PITNEY DOWFS 41870 01/29/97 SHUMAN/CATHY 41871 01/29/97 SIMPSON/CYNTHIA 41072 01/29/07 U .r, LINK 41872 01/29/97 U 5 LINK 41072 01/29/97 U S LINK 41072 01/29/97 U S LINK 41872 01/29/97 U 5 LINK 41073 01/20/07 WARNING LITES OF MIN 111073 01/29/97 WARNING LITES OF MIN 41074 01/29/97 WI4IGHT COUNTY AUDITO GENEkAL CHECKING Disbursement Journal DESCRIPTION AMOUNT 130 UC BENEFITS PAID 161.29 185 ANIMAL CONTROL CONT 1.129.70 139 MONTHLY CONTRACT PY 2,833.33 148 UTILITIES 3.333.79 148 UTILITIES 385.92 148 UTILITIES 683.64 146 UTILITIES 74.22 148 UTILITIES 1.240.64 148 UTILITIES 14.27 148 UTILITIES 698.52 148 UTILITIES 502.91 148 UTILITIES 606.75 148 UTILITIES 71C.56 8.257.22 1132 REIMS/70NING REQUEST 250.00 168 POSTAGE MC14 MTC AGRMT 100.00 191 MILEAGE kEIMB 33.04 999 FIRE HALL CLEANING 50.00 950 TELEPHONE CHARGES 10.59 950 TELEPHONE CHARGES SG.50 950 TELEPHONE CHARGES 1.75 950 TELEPHONE CHARGES 1.48 050 TELEPHONE CHARGES 21.45 09.77 670 REG FEE/WATER DEPT 20.00 670 REG FEE/GEWER DEPT 20.00 40.00 219 jCkRG GRANT PYMT 2.760.51 TOTAL 30.177.05 RRC FINANCIAL SYSTEM ./03/97 19:48:33 WARRANT DATE VENDOR GENERAL CHECKING 41875 02/03/97 U.S. POSTMASTER 41876 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41676 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41876 02/03/97 AMERICAN PAGING OF M 41877 02/03/97 BARNES/KIM 41878 02/03/97 DEPART OF NATURAL RE 41879 02/03/97 HENRY & ASSOCIATES 41880 02/03/97 HOGLUND BUS COMPANY 41680 02/03/97 HOGLUND BUS COMPANY 41881 02/03/97 J M OIL COMPANY 41882 02/03/97 MN POLLUTION CONTROL 41083 02/03/97 NATIONAL BUSHING PAR 41083 02/03/07 NATIONAL BUSHING PAR 41803 02/03/97 NATIONAL BUSHING PAR 41004 02/03/97 NORTHWEST MINNESOTA 41895 02/03/07 OLSON, USSET,AGAN & 41805 02/03/97 OLSON, USSET.AGAN & 41086 02/03/97 PATCH/FRED 41086 02/03/07 PATCH/FRED 41006 02/03/87 PATCH/FRED 41007 02/03/97 PETERSEN'S MONT FORD 41007 07/03/97 PETERGEN'S MONT FORD \ ,1000 02/03/07 RIVERSIDE OIL Disbursement Journal DESCRIPTION AMOUNT CI' 210 POSTAGE/DEP REG 428.40 951 PAGER CHARGES 18.38 951 PAGER CHARGES 9.19 951 PAGER CHARGES 25.29 951 PAGER CHARGES 9.19 951 PAGER CHARGES 9.19 951 PAGER CHARGES 9.19 951 PAGER CHARGES 9.19 951 PAGER CHARGES 9.19 98.81 864 REIMB/CPR CLASS 30.00 124 *FV* 1,571.64 545 PATCH MATERIAL/STREET 361.04 82 VEH REPAIR PARTS/STREE 98.99 82 SUPPLIES/STREETS 213.00 011.99 95 GAS/STREET DEPT 1,031.40 127 HATER PERMIT/WWTP EXP 240.00 144 SUPPLIES/STREET DEPT 192.24 144 SUPPLIES/FIRE DEPT 1.99 144 EQUIP REPAIR PARTS/SEM 63.23 257.36 156 REG FEE/GARY A 10.00 202 LEGAL FEES 212.50 202 *FY* 340.00 557.50 1130 OLD INPECTION FEES 2.060.40 1130 MILEAGE REIMB 115.84 1130 REIMS/GOOKS/BLD INSPE 130.80 2,313.04 165 VEH REPAIR PARTS/STRE 212.94 165 VEH REPAIRO/STEETS 1,094.36 2.207.30 406 GAS/STREET DEPT 9,129.52 *Cf rC1 rC1 SCI *Cl rC1' BRC FINANCIAL SYSTEM if2/03/97 19:48:33 WARRANT DATE VENDOR GENERAL CHECKING 41869 02/03/97 ROYAL TIRE OF MONTIC 41890 02/03/97 SHARE CORPORATION 41891 02/03/97 SPECTRUM SUPPLY CO. 41891 02/03/97 SPECTRUM SUPPLY CO. 41892 02/03/97 U.S. POSTMASTER 41893 02/03/97 VIKING COCA COLA GENERAL CHECKING r L C Disbursement Journal DESCRIPTION AMOUNT Cl 227 VEH REPAIR PARTS/STRE 364.68 281 SNOW PLOW WAX/SNOW & 547.07 498 TOWELS/TISSUE/STREETS 160.24 496 GLOVES/STREETS 89.38 249.62 •C 210 POSTAGE/CITY HALL 600.00 779 POP/STREET & PARKS DEP 87.33 TOTAL 14,391.70 ('.RC FINANCIAL SYSTEM 02/09/97 21:32:19 Disbursement Journal �4RANT DATE VENDOR DE:CkIPTION AMOUNT CL GENERAL CHECKING 1,0526 02/10/97 STEARNS COUNTY NATIO 1051 *FY* 100.000.00Ck 40526 02/10/97 STEARNS COUNTY NATIO 1051 *FY* 100.000.00 0.00 *CI' 41894 02/10/97 STANDARD IRON AND WO 1070 TIF -13 REIMB PAYM 32.075.85 41895 02/10/97 H WINDOW DESIGN CENT 841 TIF-1-7 REIMB PAYM 10.000.00 41896 02/10/97 MN DEPART OF NATURAL 118 WATER/SNOW/ATV REG 1.231.00 41897 02/10/97 NORTHWEST COMPUTER S 1086 COMPUTER & PRINTER 2.594.70 41898 02/10/97 KOROPCHAK/OLIVE 97 TRAVEL REIMB 109.65 41899 02/10/97 RUSS OLSON .90459 REIMB/SEWER & WATER 56.78 41900 02/10/97 A.E. MICHAELS 338 WALLPAPER/LIBRARY 572.16 41901 02/10/97 B & D PLUMBING & HEA 600 kEPAIRS/FIkE HALL 536.00 41902 02/10/97 CARLSON/ROGER 1137 REIMB/COUNCIL SEMINAR 38.54 C 1903 02/10/97 COPY DUPLCATING PROD 41 COPY MCH MTC AGRMT/F 114.61 41904 02/10/97 CUI.I.IGAN 753 WATER SOFTNER CHG/RENT 23.86 41905 02/10/87 DOWNTOWN STANDARD 370 GAS/FIRE DEPT 50.67 1,1906 02/10/97 UYNA SYSTEMS 50 NUTS & BOLTS/SHOP & G 550.88 41907 07/10/97 EMERGITEK CORPORAT'IO 1005 EQUIP MTC/FIRE DEPT 165.04 41908 02/10/97 FLLORITE CONTROLS. I 56 MTZ PROF SERVICES/WAT 93.00 41908 02/10/97 FEEDRITE tONTkOIS. 7 SG CHEMICALS/WATER DEP ?,740.44 2,833.44 *CH 414119 07/10/97 FEkkFLLGA6 Oil GA_/WATER DEPT 9.05 41910 0?/10/97 T.V. & APP GO VCR TAP(./CITY HALL 6.34 1,1911 02/10/97 FULL CIkCLE IMAGE 111E k1DI:UNS/COMPIITEk 97.27 41912 02/10/97 (ill?OUX/TOM 61) RIAMh/MATI.BOX OAMAGF 6.97 41013 02/10/97 GL0N2/RAV 1107 GRAVE DIGGINCL/CEMFTE 800.00 41914 02/10/07 HARRY''; AUTO ,IIPPI Y 70 VEH R('.PAIR PART$/'',TRI. 20'>.19 (41914 02/10/97 HARRY"; AUTO CUPPLY 70 EQUIP REPAIR VAk1C/LTR 10.64 , 1914 02/10/97 HAPPY—) Ail Te) IIUPPLV 70 SUVPLII i/ .HOP C GAU 4 .90 41914 02/'0/07 HAkkV'',, AUTO SLIPPIY 70 WkLNCHE'-/[HUPEI GAR 10.10 1tkC FINANCIAL SYSTEM 02/09/97 21:32:19 4r'kAt4T DATE VENDOR GENERAL CHECKING 41914 02/10/97 HARRY'S AUTO SUPPLY 41915 02/10/97 HERMES/JERRY 41916 02/10/87 HILLSIDE PROPERTIES t, 1917 02/10/97 HOGLUND COACH LINES 41918 02/10/87 J M OIL COMPANY 41919 02/10/97 JENNIFER HINZ 41920 02/10/97 KEN ANDERSON TRUCKIN 41921 02/10/97 KEN'S 56 SEkVICE 41922 02/10/97 KOT?ENMACHER/GORGINA 41923 02/10/97 KRAEMER/WANDA 41924 02/10/97 WADS FOODS 1924 07/10/97 MADS FOODS ! .1924 02/10/01 MAUS f000S 41924 02/10/97 MAUS F00DS 41024 02/10/97 MAUS FOODS 41924 0?/10/97 MAUS FOODS 41925 02/10/07 MINNEGASCO 411?5 02/10/97 MINNF6A',CO 41925 07/10/97 MINNEGAE�C0 4 19?S 02/10/97 MINNI:GA.`,CO 4 11125 0700/97 MINNLGASCO 41025 02/10/97 MINNEGASCr, 419?5 02/10/07 MINNEGA;.CO 4 19?5 0?/ 10/97 MINNI Wo',0 419?ii 0'1/10/91 M14 AN114AL CONFROL A, 41927 02/10/07 MN COPY �Yf TWt INC 02/10/07 MN RURAL WATER A`;'.A)C ,,WO V2/1V/9/ MN RURAL WATER AC -:,OC 4 1'3!n 0:?/ 10/91 MN RURAL WAYFP A3:;,3C C Disbursement Journal DESCRIPTION AMOUNT CL 78 VEHICLE REPAIR/FIRE DE 22.02 261.01 81 LIBRARY CLEANING CONT 227.50 1135 REFUND/OVERPYMT/SEW BI 13.20 483 HEARTLAND EXPRESS B 5,799.93 95 GAS/FIRE DEP"1 116.91 90460 REIMS/DAMAGED MAILBOX 9.11 697 ANIMAL CONTROL SERVIC 111.63 766 BLD INSPECTOR VAN REPA 40.40 995 REIMS/COMPUTER SEMINAR 30.20 358 REIMS/SUPPLIES/CITV HA 22.04 108 SUPPLIES/CITY HALL 188.11 108 SUPPLIES/FIRE DEPT 23.63 100 SUPPLIES/ANIMAL C ONTRO 19.40 108 SUPPLIES/STREET DEPT 20.18 108 SUPPLIES/PARK MTG 6.27 100 POP/PARKS 55.33 312.92 772 UTILITIES 456.74 772 UTILITIL't1 94.54 772 UTILITIES 123.16 772 UTILITIES 150.00 772 UTILITIES 94.30 772 UTILITIES 096.39 77? UTILITIF5 3.499.07 772 UTILITY:; 310.6? 5,626.4? 117 M1'MI�ERSHIP DUES/ANIMAL 25.00 '156 COPY MCH MTC/FIRE DEPT 31.0b 120 REt: PEE/MATT T 75.00 1?0 RIG Ff1/RILH C. 79.00 1?0 i.I.G FLIIJOHN 79.00 229.00 *CH m BRC FINANCIAL SYSTEM 02/09/97 21:32:19 kRANT DATE VENDOR G_NERAL CHECKING 41929 02/10/97 MN STATE FIRE CHIEFS 41930 02/10/97 MONTICELLO ANIMAL CO 41931 02/10/97 MONTICELLO PRINTING 41931 02/10/97 MONTICELLO PRINTING 41931 02/10/97 MONTICELLO PRINTING 41931 02/10/97 MONTICELLO PRINTING 41931 02/10/97 MONTICELLO PRINTING 41932 02/10/97 PHOTO T 41932 02/10/97 PHOTO I 41933 02/10/97 PREUSSE'S CLEANING S 41933 02/10/97 PREUSSE'S CLEANING S 41933 02/10/97 PREUSSE'S CLEANING S 41934 02/10/97 PROFESSIONAL SFRVICE ("1935 02/10/97 RED'S MOBIL 41936 02/10/97 RUSSELL'S LOCK & REY 41937 02/10/97 S W WOLD CONT. INC. 41936 02./10/97 SHUMAN/CATHY 41039 07/10/97 WRIGHT COUNTY AUDITO 41939 02/10/97 WRIGHT COUNTY AUDITO 41940 02/10/07 WRIGHT HLNNf.PIN SICU 41940 02/10/97 WRIGHT HENNFPIN GFCU 41941 02/10/97 WRIGHT•HENNEPIN COOP 41042 02/10/97 Y.M.I;.A. 'JF MINNEAPO 6[NEkAL CHFCKING C Oisbursement Journal DESCRIPTION AMOUNT 493 MEMBERSHIP DUES/FIRE D 80.00 185 ANIMAL CONTROL CONT 1,129.70 137 INCIDENT REPORTS/FIFE 42.60 137 LABELS/CITY HALL 52.66 137 RECYCLING LABELS 331.22 137 BUSINESS CARDS/FRED P 39.94 137 BUSINESS CARDS/JEFF 0 39.94 506.36 743 PHOTOS/P WORKS INSPEC 34.78 743 PHOTS/PARKS DEPT 34.93 69.71 173 CLEANING/CITY HALL 460.00 173 CLEANING/OEP REG OFFI 120.00 173 CLEANING/DEP REG OFFI 150.00 730.00 175 WWTP MONTHLY CONTR 33.100.50 324 GAS/STREET DEPT 36.50 1130 REPAIR FIRE DEPT DOOR 542.60 1134 REFUND/OVERPYMT/SEW & W 7.18 191 RF.IMB/SLMINAR 35.65 219 :HERIFF'S CONTRACT 76,956.00 219 ADO'L LANDFILL CHGS 6.301.20 33.257.20 07'1 F.0 ALARM SY'3/DEP REG 19.12 075 SFC' ALARM SYS/PARKS DP 15.00 35.10 512 UTILITIEG 9.00 224 CONTkACT PAYMLNT 9211.00 101AL 134.969.61 CL *CHI *CH' *CH *CH *,.11 21 C FINANCIAL SVSTEM /'12/97 21,,:11:18 WARRANT DATE VENDOR GENERAL CHECKINd 41943 02/12%97 STATE OF MINN - GPV 41944 02/12/97 MN DEPART OF NATURAL 41945 02/14/97 ADMIRED PROPERTIES 41946 02/14/97 ANDERSON/GARY 41947 02/14/97 BEN FRANKLIN 41948 02/14/97 CENTRAL MN REFRIGERA 41949 02/14/97 FAIR/WILLIAM 41950 02/14/97 FOSTER-FRANZEN-CARLS 41951 02/14/87 G & K SERVICES 41951 02/14/97 G & K SERVICES 41951 02/14/97 G 8 K SERVICES 41951 02/14/97 G & K SERVICES 1901 02/14/9? G F3 K 5ERVICES 41351 02/14/87 G & K SERVICES 41951 02/14/97 G & K SERVICES 41851 02/14/97 G & K SERVICES 41061 02/14/87 G & K SERVICES 41951 02/14/97 G & K SERVIC1111 419`12 01/14/94 HCLLWAN/MARLENI' 41909 02/14/97 INFRATLCH 41954 03/14/97 K MART OTORC 41054 02/14/97 K MART STORE 41056 02/14/97 KENNLDY & GRAVEN 410591 02/14/91 KENNCOY & GRAVFN 6101iF, 02/14/07 RENNEDY & GRAVEN 41-956 02/14/07 KOIIEG --ANfi A (RAVEL GIO'S 7 02/14/97 LARG1'W" At'f. HA140WAR h10'.>i 0?/14/0'7 LAkE-(tN'G ACF HAkfiWAR C41937 0^/14/97 IAAil.ro' ; A� 1. 11AIi0WAR 4061 07/14/97 LA&,%44 f. At f NAFUWAk 41')'>7 0">/14/')7 1 A8 ,ON'; Af;F NAWI,WAS 41957 02/14/97 1AkLCWN , ACE NAF'DWAR 41'1' 7 92/14/97 1. A1C I, -*1'', A,_L HARUWAW Disbursement Journal OESCP,,IPTION AMOUNT C 396 REG FEE/STATE PURCH P 350.00 118 WATER/SNOW/ATV REG 1,,14,9.-00 .90461 REFUND/OVERPVMT/SEW-WA 20.80 It REIMB/TRAVEL EXPENSE 24.00 20 SUPPLIES/P WORKS INSPEC 5.31 887 REPAIR FURNACE/SHOP-G 935.74 1141 CONFERENCE EXPENSE 86.56 81 INS PREM/BOILER/WMT 2,531,.00 051 UNIFORM RENTAL 40..86 851 UNIFORM RENTAL 79.16 851 UNIFORM RENTAL 26.80 051 UNIFORM RENTAL 26.00 051 UNIFORM RENTAL 179..11 851 UNIFORM RENTAL 179.12 851 RAGE/SHOP & GAR 17.0,1 05.1 RUGS/DCP REGISTRAR DLO 32.57 051 ENVI'RQNMENTAL CHG 86.60 854 RUGS/SHOP & GARAGE 08.44 707.95 *0I 00 REIMD/MILEAGE/SEMINARS 73.04 1130 GEWGR TELEVISG/KLn N 240.00 460 2 CAM:°.RAO/NCW WWTP 201.00 460 CAMEkA/P WOkKu IN8PEC 140.07 422.90 ytl, 099 LEGAL FCES/DWTWN REOFV I 39.70 010 LGUAI FF:E9/LAKE TOOL C 40.00 � 9E9 MIGC NRA LEGAL FEES 200.41 369.01 ♦f 092 HAIN SNOW/GAIT MIX I,07S.89 �I 074 '. UVVL IF.;;/:>TRCf:TS 09.70 074 VEHICkE REPAIR PARTE/(� 10.02 f 074 GUPP}, Ilio/P WukK'3 IN'iPCF: 3. 75 874 GUPPLlt(,'/WATFR DEPT 4.07 074 'JIVPLIE.;/VIRE UEPT 1.59 874 )eI>Lf./CITY HALL 3.10 874 TG1)L' /()LU 'N',PI'VTOR 14.09 r' RC FINANCIAL SYSTEM 1/12/97 21t 1 1 : 108 WARRANT DATE VENDOR GENERAL CHECKING 41957 02/14/97 LARSON'S ACE H'AROWAR 41957 021/14/97 LARSON'S ACE HARDWAR 41957 02/14/97 LARSON'S ACE HARDWAR 41956 02/14/97 MID CENTRAL, INC. 41958 02/14/97 MIO CENTRAL. INC. 41959 02/14/97 MCNTE CLUB 41060 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 41960 02/14/97 MONTICELLO TIMES 419G1 02/14/97 RICHARD KNUTSON, INC 419G1 02/14/07 RICHARD KNUTSON, INC 419G2 02/14/01 ROYAL PRINTING $ OFF 4190? 02/14/97 ROYAL PRINTING 8 OFF 41962 02/14/97 ROYAL PRINTING @ OFF 419G2 02/14/07 ROYAL PRINTING 0 OFF 410G2 02/14/07 ROYAL PRINTING 8 OFF 419622 02/14/07 ROYAL PRINTING 8 OFF 419G3 02/14/07 5CHLI17f4Dt:R CONSTRUCT 41069 02/14/07 Ct HLUENDER CGNBTRUCT 419G4 02/14/07 LNAP•ON YUOL6 CORPOR 41965 02/14/07 ;UPURIOR 'AkVIGI.5 :I'. 410(.5 112/14/07 SUPERIOR 5ERVICFS•CE 419011 02/14/97 'AP�'RIGR SERVICLU-'Ce C ' 6 tODU 02/14/07 UNI I;.O I AUORAYIIRIL!) Disbursement Journal .DESCRIPTION AMOUNT 874 CLEANING SUP/LIBRARY 22.83 874 BOL REP SUP/WATER 39.22 074 SUPPLIES/SEWER COLL $7.95 223.18 113 CLEAN ROO/SENIOR CENT 600.00 113 CA EAN ROOF/LIBRARY 600.00 1,200.00 1140 FOOD/PARTNERSHIP MTG 573.09 140 LEGAL PUBLICATIONS 419.24 140 SNOWPLOWING INFO 70.29 140 SNOWMOBILE INFO 70.2.0 140 BLD PERMIT INFO 93.60 140 PUBLIC HEARING NOTICE 393.18 140 INTERNET CHARGES 247.50 140 CONSTRUCTION AO HELP 77.05 140 PARKS COMM BOARD OPENI 72.10 140 HRA BOARD OPENING AD 60.30 140 ROOF/ICE INFO 115.96 1,690.47 1097 CONS COSTS/RIVER ST 7,070.41 1097 CONS COSTS/B OAKES 38,201.90 4711'82.37 1044 NAME PLATE/FRED PATCH 7.69 1044 OFFICE GURPLICS/P WOR 330.97 1044 OFFICE L,UPPLIES/C MAL 611.07 1044 COPY MCH PAPER/P WORK 135.07 1044 OFFICE jUPPLIES/OEP RE 50.34 1044 COLOR COPI1:13/PATHWAY 102.24 1.256.22 107 JET CrWFR/KLEIN VM:) 120.00 101 •F Y• 1,960.00 1.470.00 105 TOOLS/LHOP A GAR )34.4D 1087 RLCYCLING CHARGL; 9010?.10 1001 GARDAGE CONTRACT P 10,299.00 1007 UALU0 TAX/4.ARI1AGL CCN 062.73 14,;,50.80 634 OIL/ HOP d (iAR 541.00 r� s,. *f a LC FINANCIAL ;.YSTEM x/12/97 21:11:18 Disbursement Journal WARRANT DATE VENDOR DESCRIPTION AMOUNT Ci GENERAL CHECKING 41967 02/14/97 VOSS ELECTRIC SUPPLY 41967 02/14/97 VOSS ELECTRIC SUPPLY 409 LIGHT EULES/SHOP & GAR 96.43 409 LIGHT GULOS/STREET LI 313.11 409.54 41960 02/14/97 WRIGHT COUNTY AUOITO 219 TAXES/GING PROP PURCH 665.72 41969 02/14/97 WRIGHT COUNTY DEPT 0 275 SAND/SALT MIX/^NOH 4.628.10 41970 02/14/97 WRIGHT COUNTY MAYOR, 220 MAYOR DUES 150.00 41971 02/14/97 ZEP MANUFACTURING CO 907 SUPPLIES/SHOP & GAR 111.95 GENERAL CHECKING TOTAL 82.955.61 k E:JtC FINANCIAL SYSTEM' 01/23/97 JOHNSON BROS WHOLESA 000022 WINE PURCHASC /2.3/97 13:17:10 01/23/97 JOHNSON BROS WHOLESA 000022 Disbursement Journal t)ARRANT DATE VENDOR JOHNSON HR08 WHOLESA 800022 DESCRIPTION AMOUNT LIWUOR CHECKING I 19241 01/01/97 MN DEPT OF PUBLIC SA 800115 BUYERS LIQUOR CARO 20.00 19259 01/22/97 FRANCOIS COCKTAIL MI 800170 MIX FOR RESALE 45.20 19260 01/22%97 FIRST NAT BANK OF MO 800014 WIRE TO 4M PLUS F 17$,0'00.90 19201 01/23/97 BELLBOY CORPORATION 800098 CIGS & CIGARS/RESALE 98.41 19262 01/23/97 GRIGGL', COOPER & COM GOOOtO WINE CREDIT 428.000R 19262 01/23/97 GRIGGS, COOPER & COM 800018 FREIGHT CHARGES 28.35 19262 01/23/97 GRIGGS, COOPER & COM 800018 LIQUOR PURCHASE 1,988.76 19162 01/23/97 GRIGGS, COOPER & COM 800010 MIX FOR RESALE 38.83 U1/2)/97 OUAII)Y WINE 11'.PJkI 000040 LIQUOR PUk01A9E 03.60 1, 328.96 w 19363 01/23/97 JOHNSON BROS WHOLESA 000022 WINE PURCHASC 441.27 19?63 01/23/97 JOHNSON BROS WHOLESA 000022 LIQUOR PURCHASE 2. 148.95 19283 01/23/97 JOHNSON HR08 WHOLESA 800022 FREIGHT rHARGES 39.63 2.:,27.06 19264 01/23/97 I.IEFFRT TRUCKING 000025 PRHIMHT CHARGES 05.90 C9?G5 01/93/97 MN U.0 FUND 000099 UC BENEFITS/T DOLLY. 30.47 19P(i^-) 01/23/97 NATIPWAL CHILD SArrT 000033 AJVcRTISINO 75.80 1926! 01/?3/97 PHILLIPL' WINE 8 fAl k 0001.00 FREIGHT CHARGES 10.27 19287 01/23/97 PHILLIP!; VTNL 8 ;PLR 800100 LTUU(A 01RCHASE t, 003.31 18267 01/29/87 PHIILIP: WINE 6 f;PIR DOC) t00,WINF PURCHASE 445.20 1, 40.70 19260 01/23/07 PINNACLE OIGT41b$)f1N 000')17 CIG b CIGARD/RESALE 101.7b 19269 01/23/91 011ALITY WINE. 8 :�pIRI 800040 LIOUIIR 4IIR(1HASE 344.14 1(I<+69 U1/2)/97 OUAII)Y WINE 11'.PJkI 000040 LIQUOR PUk01A9E 03.60 401.7h 10?10 01/23/g7 CFfi'F.liIIGNF tOUNTY 311 000103 AUVI.RTV-1N6 J0.00 19771 01/?3/'t) IDf YFLLCOM 00019U TEIAVHONl 6HAR61.'.1 177.6:) 1 101. TLLILDM (1001DG ADVERTI [ANO 01.1'0 3.OG t t Jll •li i 111.t KINIi TOTAL, 101 . q40 .1"' C BRC FINANCIAL SYSTEM, /03/S7 03:17:45 DisbursementJOurnel ARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR CHECKING 18277 02/05/97 BERNICK'S PEPSI COLA 800001 POP PURCHASE 4.98.85, 19273 02/05/97 CITY OF MONTICELLO 800003 SEWER/MATER BILL 27.85 1.9274 02/05/97 DAHLHEIMER DISTRIBUT 800008 NON ALCOHOLIC BEER 238.50 18274 02/05/97 DAHLHEIMER OISTRIBUT 900009 BEER PURCHASE 14,922.90 1:2. 180.80 19275 02/05/97 BAY DISTRIBUTING COM 800010 BEER PURCHASE 585." 19278 02/05/97 DICK WHOLESALE CO., 800011BEER PURCHASE 1.575.00' 19278 02/05/97 DICK WHOLESALE CO., 800011 SUPPLIES/BAGS 113.43 1.888.63, 19277 02/05/97 EAGLE WINE COMPANY 90001`2 FREIGHT CHARGES 58.70 19277 02/05/97 EAGLE WINE COMPANY 90001:2 WINE PURCHASE 1,820.,72 19277 02/05/97 EAGLE WINE COMPANY 80001.2 MIXES FOR RESALE 11Q.11 1,855.58 19278 02/05/97 ECONOMICS PRESS INC 900188 SUBSCRIPTION' 24.O'� 9279 02/05/97 FLAHERTY'S HAPPY T,YM 000001 MIX FOR RESALE 88.80 1 19280 02/03/97 FOSTER-RRANIEN-CARLS 800015 LIQUOR LIABILITY IN &.057.00 18281 02/05/97 G & K SERVICE 8001-29 RUGS/MTC OF SLO 59.29 18282 02/05/97 GRIGGS. COOPER a COM 800018 FREIGHT CHARGES 109.20 49282 02/05/87 GRIGGS, COOPER & COM 000018 LIQUOR PURCHASE 8,105.83 8x2/0.,83 18289 02/0$/07 OROSSLEIN BEVERAGE 1800019 BEER PURCHASE 11,881.90 18284 02/05/97 HOME JUICE 800138 JUSCE FOR RESALE 10$,.30 19285 02/05/87 JOHNSON BROS WHOLESA 000022 FREIGHT CHARGES 05.82 19288 02/05/97 JOHNSON BROS WHOLESA 800022 LIQUOR PURHCAS,E 423.05 19285 02/05/97 JOHNSON BROS WHOLESA 800024 WINE PURCHASE 2,242.84 2,751-.S1 19288 02/05/97 L "N" R SERVICES 800028 REPAIR LOCK 40.03 10287 02/05/97 LARSON'S ACE HARDWAR 800144 BDL MTC SUP/FURN FILTE 19.11 19288 02/05/97 LEHMANN FARMS 800100 FOOD FOR RESALE 28.95 19288 02/05/97 LEHMANN FARMS 000190 FREIGHT CHARGES 3.00 0280 02/05/97 LEHMANN FARMS 000190 SUPPLIED 15.00 41.35 BkC FINANCIAL SYSTEM 2/03/97 03:17:45 Disbursement Journal WARRANT DATE VENDOR DESCRIPTION AMOUNT LIQUOR CHECKING !I 19289 02/05/97 MONTICELLO TIMES 800032 ADVERTISING 169.85 19290 02/05/97 NORTHERN STATES POWE 800035 UTILITIES 863.19 19291 02/05/97 PAUSTIS & SONS 800103 WINE PURCHASE 1,508.00 19291 02/05/97 PAUSTIS & SONS 800103 FREIGHT CHARGES 32.04 1,540.04 19292 02/05/97 PHILLIPS WINE & SPIR 800180 FREIGHT CHARGES 46.63 19292 02/05/97 PHILLIPS WINE & SPIR 800180 LIQUOR PURCHASE 7,573.04 19292 02/05/97 PHILLIPS WINE & SPIR 600180 WINE PURCHASE 784.70 19792 02/05/97 PHILLIPS WINE & SPIR 800180 MIX FOR RESALE 23.70 3,428.07 19293 02/05/97 PINNACLE DISTRIBUTIN 800217 C1GS/CIGARS FOR RESALE 85.25 19294 02/05/97 QUALITY WINE & SPIRI 800040 LIQUOR PURCHASE 1,012.78 19294 02/05/97 QUALITY WINE & SPIRI 800040 WINE PURCHASE 65.84 1,078.62 0 19795 02/05/97 ST. CLOUD RESTAURANT 800045 MIX FOR RESALE 179.63 19295 02/05/97 ST. CLOUD RESTAURANT 900045 SUPPLIES 144.93 374.56 19296 02/05/97 THE WATSON CO., INC. 800202 CIGS/CIGARS FOR RESAL 325.77 19297 02/05/97 THORPE DISTRIBUTING 800048 BEER PURCHASE 14,510.20 19297 02/05/97 THORPE DISTRIBUTING 800048 NON ALCOHOLIC BEER 156.20 14 ,666.40 19298 07./05/97 U S LINK 000195 TELEPHONE CHARGES 6.30 ; 10299 02/05/97 U S WEST DIRECT 000218 ADVERTISING 30.40 19300 02/05/97 VIKING COCA-COLA BOT 800051 DEC POP DILL 202.65 19300 02/05/97 VIKING COCA-COLA ROT 000051 POP PURCHASE 370.01 501.GU 10301 02/05/97 ?EE MEDICAL SERVICE 000054 SUPPLIES 51.08 LIQUOR CHECKING TOTAL 70,960.70 C I R,RG 'FTt4ANCTAL $Y+STEM, Cm/87 8.1•:34;6(` 03:sbil�sament Jo6Rtru1 WAkRANT DATE VE?"k IDE9,CaIPTI;ON AMOUNT j ( ! LIOUOR 4i!£CK!•EN5 1930? 02/14/07 PAOSTiS. &' SONS 8x0109 WINE PURCHASE 678. 01D 49302 02'/114/'97 PAUSTIS & SON$ BOO 109 FREIGHT CHARGE'S 13,80 691.60 19303 02/14/97 CONSOLIOATEO COMM 61 806163 ADVERTIS2NC, 48•,50 19304 02/14/97 DAHLHEIMER OISTRIBUT 800009, NON ALCOHOLIC BER9 76.80 19304 02/14/97 DAHLHEIMER OISTRIBUT 900609 BEER PURCHASF 3,271.90 3,348,70 i 18305 02/14/97 DAY OISTRIBUYING COM 800010 BEER PURCHASE 263.90 19306 02/14/97 DICK WHOLESALE CO., 800011 GfE-R PURCHASE 958.80 19300 02/14/97 DICK WHOL£SAl.E CO., 000011 BAC,3/f3UPPLIFS 43.GO if)306 02/14/97 DICK WHOLESALE CO., 800011 LIl9UOR STORE SUPPLIES 25.19 14V. 19 x, 18307 02/14/97 EAQtE WINE COMPANY 0000122 FR,EIQHT CHARGES 21.00 19307 01/14/97 EAGLE WINE COMPANY 900012 WINE-- PURCHASE 100.59 721.59 C� 15103 08/1413`31 QRIGG!, COOPER E COM 880010 WIME PURCHASE 08.30 I 1--800 02/14/07 GRIGGS. COOPER A COM 'DODO 10 FIREDGHT CHARGES 09. R5 �. 19' 93 /12/14/07 6RIGGS, COOPi;R 6 COM 000010 IA'QUOR Pilikt"XiT 11090.32 5.055.97 Y 19309 01114/97 GktO.,3ICIN E}1 YCRAG2 1 000010 ZLER PURCHAGE 8.903>f30 IDz110 O2/14/97 JOIINCON EA05 WHOLEGA 0000.22 LI421Ft1R +PURVtASE 7,E l5. t4 10310 02/14/07 JOHN -)DN U90f! WROLEGA 0000x;! ERLTYfiH'f f NARt,Lfy i 10.5'0 19910 02/14/01 J@',IN'GN L;R'tit. WHCILEVA 000022 VINL PURCHASE i.70/,O0 1913'10 02/14/97 JUHN!3BN OR11:, WHNLL'OA 600023 AIX HOR OAt,E 47.00 0.563.00 i 113311 Ol/i4/91 LII?FI RT 'fRUAAING 000026 FRPIGHT 1'14ARGf?5 24,?5 1331? 02/14/07 MINNVGA1,oCO 000150 UIILITIE(, 266«40 19)13 02/14/07 PAIZYY6 & ;3ONr 000103 WENT. POUt.HAIiC 323.06 11);)1:1 0f/14/137 PA`S TIt, F; CON'.; 000100 FRCP(JST CllAFGEC 5.00 I'll 31'U.OU 1!1'.14 0?114/0'! PHILL %Pt. WItJf A 5Plk 000100 FCElGlli fliAkGLt. 36.07 19 14 02/14/91 F0111 ii'. WlNi• @ ;PIk 000ii)J LIG110k VlWliA;'' 4/11.10 C^'14 0P1147J'! $11111.:IVt, WIt4E f1 `PIR 000160 WINE PORCFIA:.E 1,1313.?'i I'i t 0^714/9! CIUALI tV WINF & ; 1 Y1',� 000040 WINE VVki 1IA1 f I I",0!^.: J 1') 1'i 13'/14/9; w'tA1.E : Y :PIN: A ; 91Qt 2UOO!iO L1,,U-3:2 PUB, lik)i 71.',113 $RC FINAMCIAL SYSTEM 2;/'14/97 O'1:36_SO DtsbLrae(aerit Juu'rhal WARRANT DATE VENDOR DESCRTPTIUN AKaU,NT LIQUOR CHE€KING 19316 02/14/97 tHERBURNE COUNiV CrT 800"3 ADVERTISING 19317 02/14/91 TOS TELECOM 800196 AO.VtR1'IS;NG 19917 02/94/917 TOS TELEOOM 000196 TELEPHONE CHARGES 19310 02/14/97 THORPE DISTRIBUTING 800048 BEER PURCHASE 10318 02/14/97 THORPE DISTRIBUTING BOO B NON ALCOHOLIC DCER 19319 02./14/97 THEN CITIES FLAG COU 800049 NEW FLAG L IQUOR CtAICKING TOTAL c 30.QO 61.20 172.96 234.14 9,239.20 57.20 9,,296.40 i 130.46 41.550.72 I+ COUNCIL UPDATE February 21, 1997 This is to let you know that the Monticello Community Partners, along with the Hospital District and School District, found the 1996 pathway grand opening to be a wonderful success and is, therefore, making the pathway celebration an annual event. City staff has been working with various organizations on development of a program. Last year, the focus of the City's efforts within the project was to develop and distribute information on availability and proper and safe use of the pathway system. The City spent approximately $1,200 on printing and other miscellaneous expenses relating to this important event. Although final planning is not complete, it is expected that City expenses on this project will amount to approximately $1,500, which will include an additional $300 for supplies associated with providing information on dog control. This item was not specifically placed in the budget for 1997; however, sufficient fiords aro available in the general park budget to cover the request. The date for the celebration is set for Saturday, May 31. Mark it on your calendar. It is an event that you will not want to miss. C Council Update - 2/24/97 l' CAmgtruetion Insoeetor/ObserverA icants. (1.S.) The closing date for applications for the construction observer for the wastewater treatment plant project was Febnuuy 14, 1997. We received 58 applications. Rick Wolfsteller, myself and Tom Bose, are in the process of reviewing the applications to wJect the top candidates for the interview process. Council Member Stumpf, Bret Weiss from WSB and Bob Peplin of HDR will be joining us for the interview process. We expect to begin the interview process by the middle of next week. By: John E. Simola Public Works Director C Council Update - 2/24/97 Start of Wastewater Treatment Plant Construction Proieet. (1.S.) The construction boundary for the wastewater treatment plant project has been staked and marked with yellow construction zone taping as of February 21, 1997. Imperial Developers (A & P's earth work subcontractor) will move onto the site Monday, February 24, 1997, and begin clearing of the construction zone. The surveyors will then install the control points necessary for the excavation to begin, probably around the second week of March. Also in about this same time period, we are coordinating the relocation ofthe three phase power lure in front of the Lindberg and Kruse properties, to the south side of Hart Boulevard, to allow for the future extension of Hart Boulevard and to get the power poles out of the way of the construction. In addition, it is our intention to close Han Boulevard just east of the driveway into the Bondhus Corporate Headquarters near the wastewater treatment plant. We would mark Hart Boulevard on the west end near Mississippi Shores as not a thru street. The east end of Han Boulevard up near the Kruse property would be marked with a large sign indicating "Wastewater Treatment Plant Project Construction Entrance Only", and two new hospital signs would be placed on County Road 75 in this area directing them to the west entrance off of 75. The office trailers for the contractor and our inspector and engineer then would be placed on he south boulevard of Hart Boulevard opposite the wastewater treatment plant. I have run the closing of Hart Boulevard by Mike Blackstone of the Bondhus Corporation and Barb Schwiemek, the hospital administrator. Both individuals supported the idea and felt it would be a safe environment for their own operations. Barb Schwientek did reserve the right to observe the closing and make additional comments in the future. One last item involving construction at the wastewater treatment plant concerns the daily work schedule for A & P and their subcontractors. The project specifications call for the contractor to confine his operation between the hours of 6 a.m. and 9 p,m., and to not work Sunday's or holiday's without authorization. The specifications also refer to the contractor observing all applicable city ordinances, When checking the city ordinance in regard to noise, we cannot really find a section regarding noise from construction projects. There is a section, however, which refers to the gathering of people at a pany which generates noise is prohibited from 10 p.m, to 7 a.m. The ordinance also refers to street noises from radios, stereos, tape players or other mechanical devices other than an automobile engine on highways and streets are prohibited after the hours of 7 p in to 7 a.m. I've enclosed a copy oft he section of the ordinance regarding noise for the council's interpretation You may wish to comment at Monday evening's meeting regarding your interpretation of this and whether we should try and negotiate a later sten for the contractor and let him work from 7 am. to 10 p.m.; although 1 have been informed that his preference that their preference is to stick to 6 a m to 9 p.m as stated in the contract documents, By: John E. Simla Public Works Director 6-1-9: CURFEW: No minor under the age of eighteen (18) years of age, when not accompanied by parents or guardian, shall be allowed on the streets, sidewalks, or any public place in the city of Monticello after the hour of 11:00 p.m. and before 5:00 a.m. the succeeding morning without reasonable cause. Any parent, guardian, or other adult person having the care and custody of a minor under the age of eighteen (18) years who shall permit such minor to violate the aforementioned curfew shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than twenty-five dollars ($25.00) plus costs of prosecution. (11/11/76, g22) 6-1-10: NOISE: (A) I4aLu. State of Purpose. It is recognized that loud, unpleasant, raucous, or prolonged noise has a harmful, debilitating, and detrimental effect upon human beings, adversely affecting their mental and physical health, safety, and well-being. Such loud, unpleasant, raucous, or prolonged noise is hereby declared to be a public nuisance. In an endeavor to provide for the mental and physical health, safety, and well-being and for peaceful repose of the citizens and neighborhoods of the city, it is hereby declared to be in the public interest that loud, unpleasant, raucous, and unnecessary or prolonged noise be abated. (B) 1. Activily Prohibited. No person shall, between the hours of 10:00 p.m. and 7:00 a.m. conduct, permit, congregate at, participate in, or be present at any party or gathering of people from which noise emanates of such volume as to be plainly audible at a distance of 50 feet from where such gathering or party is taking place, or from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. 2. Ahnting nivturbnncea. No persons except the owner, tenant, or other lawful occupant shall visit, remain, or be present at or within any residential dwelling unit, adjacent yard, or structures wherein an activity prohibited by Section (B) of this ordinance is taking place except persons who have gone there for the sole purpose of abating the prohibited activity. 3. P fon�ment. A peace officer may order all persons present in any such group or gathering from which such noise emanates or other than the owners or tenants of a dwelling unit to immediately disperse from said party in lieu of being charged undor this ordinance. Refusal to disperse is a violation of the Csection. MONTICELLO CITY ORDINANCE TITLE Vucnpl I/Pape 3 C 4. P nal v. Violation of this subdivision is a misdemeanor punishable by a fine of not more than $700 and by imprisonment in the county jail of not more than 90 days. (C) 1. Stmt Noire. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape player, or any other mechanical device other than an automobile engine on the highways, streets, parking lots, alleys, sidewalks, or other public property within the city of Monticello which is audible at a distance of 25 feet. Penalty violation of this subdivision is a petty misdemeanor punishable by a fine of not more than $100. (10/11/88, #165) MONTICELLO CITY ORDINANCE TITLE VWJV I/P&QY 4